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HomeMy WebLinkAbout2008-07-08 - TB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING JULY 8, 2008 PRESENT : Supervisor Douglas Austic ; Council Rod Ferrentino, David Kerness, Elizabeth Thomas and Lucia Tyler; Town Clerk Marsha L. Georgia; Deputy Supervisor Richard Coogan; Highway Superintendent James Meeker; Attorney Mariette Geldenhuys . Others Present : Jamie Saine, Free Press Reporter, Geoffrey Hart, Rod Hawkes, Diane Hillman, Sue Poelvoorde, Don Murray, Martha Ullberg, Village Trustee Chris Thomas, Evon Piper and Alan Carstensen . Supervisor Austic called the meeting to order at 7 : 30 PM and led those assembled in the pledge of Allegiance to the Flag of the United States of America. APPROVAL OF MINUTES Ms . Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses table the minutes of the Regular Town Board meeting of June 10, 2008 for further review. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms. Tyler aye Adopted APPROVAL OF CLAIMS Tabled to the end of the meeting for review. REPORTS OF REPRESENTATIVES Tompkins County Representative Jim Dennis — absent. Trumansburg Fire Department no one in attendance. Planning Board Report met on July 1st and had a presentation on a proposed office building in the Town. Comprehensive Plan Sue Poelvoorde checked with Mr. Austic as to if he would be available this Thursday around 2 : 30 to review the contract for Bergman to do the Ag and Farmland Protection Plan and also Bergman will be down early before the Public Informational meeting. Ms . Poelvoorde read a statement into the record which is as follows : As the Chair of the CPUC, I would like to take this opportunity to address the Town Board regarding the inappropriate accusation that Supervisor Austic has leveled at the CRC and Councilperson Thomas regarding the work to update the comprehensive plan. It is very disturbing that rather than provide constructive guidance on regulatory matters in a timely manner, instead of months or weeks past an event, and ensure that volunteer committees have the staff support they need, Mr. Austic chooses to publicly demean Ms . Thomas, a new board member, and denigrate the committee and put into question months of hard work. Regular Town Board Meeting 2 July 8 , 2008 To suggest that, the committee is holding secret meetings and preparing an updated plan absent public input is insulting. The only meeting that was not publicly posted in a timely fashion was a meeting in May that was actually a continuation of our regularly scheduled April meeting, and even that slightly late posting was solely due to the unexpected resignation of Our secretarial support person. In fact, our secretarial support had been rather spotty, thus the backlog of meeting minutes . As volunteers with the responsibilities of full-time employment, we are doing the best that we can to complete the task we were charged to do by the Town Board back in 2006 . I would suggest that the Board consider putting in place a back-up plan for committee secretarial support should the paid person not be available . As for not engaging the public , that accusation too is without merit. At every step along the way to create an updated comprehensive plan, the committee, along with the consultant team of Bergmann Associates, has presented the materials at either a public informational meeting or workshop . These sessions have been held to gather input and comments on the step-by-step approach toward an updated plan that the Town Board will present in full to the public in the fall in a more formal public hearing process . Everyone on the committee is interested in producing a well-balanced plan that addresses the many issues that the Town will face in the future. We have attempted a variety of means to engage the public and get notice out to ensure public input. In addition, all of the [mal draft products produced to date by Bergmann have been provided to the Town in digital form to be posted, hopefully, on the Town's Web site and if hard copies have not been available through our secretarial support, who was/is the repository, than they can be printed from the Web site for members of the public coming to Town Hall to view the documents . In fact, the third step in the update process will be the subject of another public informational session this Thursday at the Racker Center, 7 : 00 p .m. to 9 : 00 p .m. In an effort to get the word out and also to allow folks to review the latest products whether they can attend the meeting or not, everything has, or will be available at the Ulysses Philomathic Library. In addition, thanks to the helpful and constructive support of Ms . Thomas, our TB liaison, the materials are already available on the Town's Web site . The members of the CPUC are a very enthusiastic and dedicated group of folks who will continue to work toward a well-balanced, representative updated plan to present to the Town Board this fall in spite of Supervisor Austic' s negative, unsupportive behavior. We hope that the public will join us in ensuring that we get beyond yet another divisive, unhealthy public discourse and that Supervisor Austic will direct his energy to actually attend a committee meeting or public session to support the committee rather than attempt to derail the process . Respectfully, Sue A. Poelvoorde PUBLIC PRIVILEDGE OF THE FLOOR Mr. Hart saidlhe knows how the Village Board operates when there is direct criticism of any Board member it would not be tolerated and can not believe the Town Board allowed this . TOWN REPORTS Highway Superintendent James Meeker reported the following: • Cut brush around road signs • Mowed roadsides • Cleaned ditch with Gradall • Fuel, tires, metal, and everything else going up affecting all road work such as paving — Board needs to be prepared for 2009 budget Code Enforcement Officer Alex Rachun absent. Regular Town Board Meeting 3 July 8 , 2008 Town Clerk Marsha L. Georgia reported that a total of $969 . 50 was collected and $497.25 was turned over to the Supervisor along with her monthly report. No fees for water and $353 . 33 collected for license sales . Ms. Georgia said that she enjoyed working with Sue Ritter in getting out the Water Surveys to the residents in the Town who are not currently on municipal water. The cost to mail the survey was reduced substantially. Board Members and Committees no reports Supervisor Austic asked if there were any questions on the previous distributed operating statement for the month. No questions were heard. Deputy Supervisor Richard Coogan reported that the technical report on the Route 96 corridor study; Rod Hawkes from the Planning Board, David Kerness of the Town Board attended with Mr. Coogan for the presentation by Bergman. There will be one more report from Bergman on the corridor sometime in September. Mr. Coogan has copies of the technical report and it is also on the County' s website . OLD BUSINESS Water Advisory Board Appointments Mr. Austic said that he has received a list of volunteers for the advisory board and they are; Diane Hillman and Chip Martin for District #3 , Jimmy Seafuse or Bret Seafuse for District #2 , Sue Oaks for District # 1 and Mike Lunger for District #4. Ms. Thomas said that she knows that this board will be an advisory board but is asking if they will need to advertise their meetings and have a secretary to keep minutes . Mr. Austic said that they would. Mr. Austic moved, seconded by Mr. Ferrentino the following: BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Diane Hillman, Chip Martin, Jimmy Seafuse, Sue Oaks, and Mike Lunger to the Ulysses Water Advisory Committee . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms. Thomas aye Ms. Tyler aye Adopted Mr. Kerness asked for notification to the Board of the first meeting. Action on Local Law #1 -2008 Mr. Kerness moved, seconded by seconded by Mr. Ferrentino to approve the following : TO AMEND LOCAL LAW FOR 1979 INCREASING FEES FOR DOG LICENSING AND IMPOUNDMENT FEES BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF ULYSSES AS FOLLOWS : Section # 1 . Purpose : The purpose of this law is to amend Local Law No . 1 for 1979 relative to dog licensing fees, age of dog required to license and impoundment fees to be charged by the Town of Ulysses . Regular Townl Board Meeting 4 July 8 , 2008 Section #2 . ' Section 3 : Prohibited Acts #F . (F of Local Law No . 1 of 1979 is hereby amended to read as follows : Section 3F . Is unlicensed when four months of age or older. Section #3 . Section 10 of Local Law No . 1 of 1979 is hereby amended to read as follows : Section 10 : License and Impoundment Fees . For licenses effective after September 2008 , and thereafter, the following fees shall be charged : $ 12 . 50 for each spayed or neutered dog and $22 . 50 I for each unsprayed or unneutered dog. Impoundment Fees : local additional charge of $25 . 00 for each dog impounded pursuant to this law . Section # 12 : Effective Date : This law shall take effect upon filing with the NYS Secretary of State. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Action on Local Law # 2-2008 Mr. Kerness moved, seconded by Mr. Ferrentino the following: Vehicle and Traffic Regulation Whereas : Activities and events taking place within the Ulysses A2 Special Agriculture District (Trumansburg Fair Association property) have increased in recent years and at times interfere with the normal maintenance and use of Rabbit Run Road, and Whereas : Residents of Rabbit Run have voiced their desire to limit parking in areas (fronting their properties, and Whereas : The continued long term parking on town highway right of ways of Rabbit Run create a situation detrimental to the health and safety of both town residents and participants of events held at the fairgrounds and the health and safety issue has been noted by the Tompkins County Sheriff, and Whereas : Article 41 of Vehicle and Traffic law allows for the regulation of traffic on highways outside any village within the town. Section 1660 a- 18 specifically allows towns to prohibit, restrict, or limit the stopping, standing, or parking of vehicles, Now Therefore it be Resolved : The Town Board of the Town of Ulysses does hereby adopt a policy directing the Highway Superintendent with a motion by the Town Board to temporarily post any town highway, for a period of up to thirty days, that restricts parking and to install or realign existing permanent "no parking any time" signs to accommodate requests from road' s residents and to promote the health and safety of all . Mr. Austic aye Mr. Ferrentino aye 1 Regular Town Board Meeting 5 July 8 , 2008 Mr. Kerness aye Ms. Thomas aye Ms . Tyler aye Adopted Resolution to Set "Temporary No Parking Signs " Mr. Austic moved, seconded by Mr. Kerness the following resolution : BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes the Highway Superintendent to post Rabbit Run Road on Friday until Tuesday at 3 pm before the start of the Grassroots Festival . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Ambulance Service Resolution Ms. Thomas introduced the following resolution for discussion : Town of Ulysses Resolution Regarding Funding of the Village of Trumansburg Ambulance/EMS Service Whereas, the Town of Ulysses has been notified of the recommendation of the Village of Trumansburg's EMS Task Force, to begin a policy of billing all recipients of ambulatory care provided by the Village of Trumansburg's ambulance/EMS service in order to recover funds from insured residents and. Whereas, the Town of Ulysses provides a large share of the funds for the operation of the Village of Trumansburg's ambulance/EMS service and , Whereas, the Village of Trumansburg has requested a letter or resolution expressing support or opposition to this plan and , Whereas, it is the opinion of this board that this plan could endanger the health and welfare of some of our constituents and, Whereas, it is the opinion of this board that this plan would move us in a direction opposite to the wishes of many of our constituents and , Whereas, it is unclear where the recovered insurance funds will be dedicated, whether to a retirement fund for Fire Department volunteers or to a tax break for residents, and if so, the amount. Whereas, a switch to billing for ambulance/EMS services may cause health insurance companies to raise premiums paid by our constituents and, Whereas, many volunteers on the EMS/ambulance service are not in support of billing for ambulance services and have stated this change would negatively impact their willingness to serve and , Whereas, billing for ambulance services could negatively impact the level of donations to the ambulance service . Therefore, be it hereby resolved that this board stands in opposition to the current plan to hire a third party billing company to bill all recipients of ambulatory care provided by the i , . , , ._ Regular Town Board Meeting 6 July 8 , 2008 Trumansburg ambulance/EMS service unless those who have no insurance are guaranteed EMS/ambulance service at no charge and, Further, be it resolved that this board feels that the funds that the Town of Ulysses provides to the Village of Trumansburg for the ambulance/EMS service are well spent, and we wish to continue to guarantee service to all residents in need of emergency free of charge other than the payments made through taxes . Finally, be it resolved that a copy of this resolution be sent to the Village of Trumansburg. Ms . Thomas thought that this could be a place to start for discussion of the EMS service . Mr. Kerness would like the Village to allow the Town to attend meetings where this topic will be discussed . Mr. Thomas, Village Trustee said that the next discussion will be July 14`", 2008 and will not even be considering adoption until the August Village Board meeting. The Board discussed briefly with Mr. Thomas the Village Trustee. The Board feels they need more information and would like to be part of discussions . NEW BUSINESS Resolution Regarding Complementary Grassroots Festival Tickets Ms. Tyler introduced the following : BE IT 'RESOLVED that the Town Board of the Town of Ulysses resolve that tickets that are given to the Town of Ulysses will be limited in distribution to one per household, public officer, employee, or volunteer on a Town committee and a list of those to whom the tickets have been distributed shall be kept by the Town Clerk. This list shall be copied to the Town Board in July of each year. Ms. Georgia repeated what she had said at the last Board meeting and that was she is no longer involved with the Grassroots tickets now or in the future. The Board decided that adopting the following resolution on the Ethics policy would take care of this. Code of Ethics Ms. Tyler introduced, moved by Mr. Kerness, and seconded by Mr. Ferrentino the following: BE IT RESOLVED that the Town Board of the Town of Ulysses resolves Ulysses Code of Ethics be amended to be consistent with State and Federal regulations regarding the amount of gifts received by officers or employees of the Town. This amount shall be amended to read $75 instead of the $25 allowed currently. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted PUBLIC COMMENTS, I Regular Town Board Meeting 7 July 8 , 2008 Alan Carstensen said that at the public meeting on the EMS third party billing there were 18 who spoke against, 9 spoke in favor. Of the 18 that spoke against 9 of them were volunteers including Norm Hummel an EMT and Jackie Wright the President of the Fire Company. Mr. Carstensen said he can not believe after the overwhelming responses that the Town Board is still considering. Mr. Carstensen believes the average person is paying $ 30 a year and that is a real bargain. Mr. Carstensen believes you would be endangering the health and welfare of the community because people will be afraid of getting bills for the ambulance. Mr. Carstensen invited the Board to visit his blog and listen to the meeting. Mr. Carstensen said that half of one percent of your tax bill is the best value you can get. Diane Hillman said that spouting of that kind of statistics is very troubling because she thinks there are a lot of assumptions buried that are not being examined. Assumptions like things are going to stay the same and she was struck by Mr. Ferrentino ' s analysis of the changes in how people volunteer and how much time they have to do that and you see that all over the place in all aspects where there are volunteers . Because of changes in the economic situation you will be finding that the volunteer' s situation is changing. APPROVAL OF CLAIMS Mr. Ferrentino moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses Approve the previous examined vouchers #222 through #266 in the amount of $ 18 ,755 . 70 . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted OTHER The Board felt that it was not necessary to hold their working session meeting on July 24t'', 2008 . ADJOURNMENT Hearing no further business Mr. Kerness moved, seconded by Mr. Ferrentino to adjourn the meeting. Unanimously approved and meeting adjourned at 9 : 25 PM . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mlg I . TOWN OF ULYSSES PUBLIC HEARING JULY 8, 2008 PRESENT : Supervisor Douglas Austic ; Council Rod Ferrentino, David Kerness, Elizabeth Thomas and Lucia Tyler; Town Clerk Marsha L. Georgia; Deputy Supervisor Richard Coogan. Others Present : Jamie Saine, Trumansburg Free Press Proof of Notice having been furnished, the Public Hearing on the formation of Local Law #2 , 2008 " Local Law Vehicle & Traffic Regulations" was called to order at 7 : 20 pm by Supervisor Austic . Mr. Austic read proposed local law into the record as follows : Local Law # 2 - 2008 Vehicle and Traffic Regulation Whereas : Activities and events taking place within the Ulysses A2 Special Agriculture District (Trumansburg Fair Association property) have increased in recent years and at times interfere with the normal maintenance and use of Rabbit Run Road, and Whereas : Residents of Rabbit Run have voiced their desire to limit parking in areas affronting their properties, and Whereas : The continued long term parking on town highway right of ways of Rabbit Run create a situation detrimental to the health and safety of both town residents and participants of events held at the fairgrounds and the health and safety issue has been noted by the Tompkins County Sheriff, and Whereas : Article 41 of Vehicle and Traffic law allows for the regulation of traffic on highways outside any village within the town . Section 1600 a- 18 specifically allows towns to prohibit, restrict, or limit the stopping, standing, or parking of vehicles, Now Therefore it be Resolved : The Town Board of the Town of Ulysses does hereby adopt a policy directing the Highway Superintendent at his discretion to temporarily post any town highway, for a period of up to thirty days, that restricts parking and to install or realign existing permanent "no parking any time" signs to accommodate requests from road ' s residents and to promote the health and safety of all . Public Comments Chris Thomas, VillageTrustee stated that the law was made up of "good stuff ' . Ms. Thomas stated that she understood that this discussion of this law would be later on the agenda. Ms . Thomas said that she has had people relate to her that they are worried about people coming sooner who may not know about the restriction of the parking on Rabbit Run Road and other Village residents have a concern that parking may end up elsewhere on other roads. Ms . Thomas said that she and others are concerned that leaving it up to the discretion of the Highway Superintendent may be a problem . Ms . Thomas felt it would be better to have it clear as to when or what roads . Mr. Austic said that if Mr. Meeker noted that everyone was moving over to another road then he may post temporary no parking on those roads . It would be difficult to have a Board meeting to discuss the closing or other roads in a timely manner. Ms . Thomas would prefer the law to read instead of at the Highway Superintendents discretion it would say with the knowledge of the Town Board or with the Town Boards approval because you do not really know what may happen. Public Hearing 2 07/08/2008 Ms. Piper asked if the Town would be providing parking for people otherwise. Mr. Austic said that the Town is not but that there is parking provided by Grassroots down on Agard Road and other parking available throughout the Town . Ms . Thomas said that people do not know where to go and that is why she thought to go slowly this year because it is a change over year. Mr. Kerness said that there needs to be some flexibility but he personally would like to be notified if other roads need to be closed. Mr. Meeker said that what is going to happen if they start parking or camping on other un-posted roads ; one : the County will call him; two : the State Department of Transportation will call him and three : the Sheriff or State police will call and tell him to post the roads ! Ms . Thomas said that she could be supportive if the Town Board knew where and when the roads willibe posted. Mr. Austic said that Mr. Meeker could tell him and he would email the Board as soon as he knows . Mr. Ferrentino said that the Village had the same problems with parking and they just gave the police the discretion to post where necessary. Ms . Ullberg said that she is here tonight to voice her strong opposition to the resolution regarding the posting of signs to restrict parking on Town highways. The particular portion that causes her the most concern is the wording that would give the Highway Superintendent total discretion to post signs restricting parking up to thirty days or realign existing permanent no parking signs to accommodate requests from residents . Ms . Ullberg said she knows this has come before the Board because of a complaint or concern expressed by a resident of Rabbit Run Road because of an inconvenience over a one week period by out of Town visitors who attend the annual Grassroots Festival . Ms. Ullberg also knows that it falls nicely into complaints expressed by the Sheriff' s Department over the years . Ms . Ullberg said that these attendees are guests of our community and should be treated accordingly; throwing up no parking signs is not actually a welcoming gesture; is it? Ms . Ullberg said that this will surely add to more towing and another enforcement method that causes lots of ill will . Ms . Ullberg said since she wrote these notes she has talked to Ms . Keil who lives on Rabbit Run Road and is the one that expressed her concern and she said that she feels like she is being used at this point because her request was to change the no parking signs to one side of the road to another so; they could get in their driveway. Ms . Ullberg said that this has gone way beyond what needs to be done and it seems to her that the Grassroots people have to have some responsibility and it just scares her to think the whole Town could be posted. Mr. Meeker said that the Grassroots have to take some responsibility and that they own 60 to 80 acres down on Agard Road and could let people park but they can not camp there or on the Fairgrounds until they are let in on Thursday morning. Mr. Meeker said this did not come about because of Ms . Keil ' s suggestion about parking, this all came about because ten days or better last year before the festival started there were people parking and camping on Rabbit Run Road to the point of blocking the road. Mr. Meeker said that this law came about to stop the temporary parking several days before the festival and *hat he has no problem with anyone parking during the festival where the 1 road is not marked no parking. Ms . Ullbergi said that she feels that leaving the full discretion up to Mr. Meeker is too far reaching. Mr. Austic said that in the Village the police have the discretion to post when necessary and Mr. Meeker should have the same discretion when it is needed and take that responsibility. The Board should not have to meet every night and make these types of Public Hearing 3 07/08/2008 decisions . This law would allow Mr. Meeker to make those decisions for other County and State roads . Ms . Tyler asked if the time limit was a concern of Ms . Ullberg ' . Ms . Ullberg said that it is giving him the discretion to post whenever and wherever he feels necessary is more of her concern. Mr. Kerness said that he does not have a problem with Mr. Meeker' s discretion but does have a question on the thirty days and do you really need thirty; why not seven with immediate notification to the Board . The Board discussed the number of days . Mr. Meeker said he does not really care whether he posts it or not. Mr. Meeker said that he has only been here 28 years and if the Board can not rely on his judgment and how to do these things then fine. Mr. Kerness said for Mr. Meeker not to go there and asked if he could live with 10 days . Mr. Ferrentino said the right number is thirty days, all of this is ridiculous ; this is important, if there is traffic on the road we can ' t get fire and ambulance up the road. Identify the problem ; put up no parking signs when it needs to be done, this is pretty straight forward . Mr. Austic reminded the Town Board that this is a public hearing and asked if there were any more comments from the public . Ms . Piper said that it seems to her that Mr. Austic has made his decision and are not really listening. Ms . Thomas said that she feels that the Board should be on the decision side of posting roads and it should not just be up to Mr. Meeker so they know what is going on. Ms . Hillman said she felt that thirty days is very reasonable and does not know what all the fuss is about. If Mr. Meeker posts too many roads or puts up to many no parking signs then people certainly can respond to that. Chris Thomas , Village Trustee said that the police chief in Trumansburg has the same discretion and the person on the ground is the one that needs to determine what needs to happen when and especially when you are trying to capture campers if they are in front of someone ' s property. It is not reasonable that the Town or Grassroots provide long term camping or parking weeks before the festival for people that want to come early. The festival has been very well publicized . Mr. Thomas does not feel that Mr. Meeker wants to run around posting signs all around the Town . Hearing no further comments Mr.Ferrentino moved, seconded by Mr. Kerness to close the public hearing. Hearing closed at 8 : 30 pm . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk TOWN OF ULYSSES PUBLIC HEARING JULY 8 , 2008 PRESENT : Supervisor Douglas Austic ; Council Rod Ferrentino, David Kerness, Elizabeth Thomas and Lucia Tyler; Town Clerk Marsha L. Georgia; Deputy Supervisor Richard Coogan . Others Present : Jamie Saine, Trumansburg Free Press Proof of Notice having been furnished, the Public Hearing on the formation of Local Law # 1 , 2008 "TO AMEND LOCAL LAW FOR 1979 INCREASING FEES FOR DOG LICENSING AND IMPOUNDMENT FEES ", was called to order at 7 : 00 pm by Supervisor Austic . No one in attendance desired to be heard . The Board discussed minor changes and will vote on Local Law# 1 at the Regular Town Board meeting immediately following public hearing. Mr. Kerness moved, seconded by Mr. Ferrentino to adjourn the public hearing. Hearing adjourned at 7 : 15 pm . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mlg : I • 1 1 •