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HomeMy WebLinkAbout2009-01-13 - TB Town of Ulysses Regular Town Board Meeting January 13 , 2009 PRESENT : Supervisor Douglas Austic ; Deputy Supervisor Dick Coogan, Council Rod Ferrentino, David Kerness, Elizabeth Thomas and Lucia Tyler; Code Enforcement Officer Alex Rachun; Deputy Town Clerk Patricia Halloran; Highway Superintendent James Meeker; Attorney Mariette Geldenhuys . Others Present : Bill Chaisson, Roxanne Marino , Bob Thomas, Geoffrey Hart, Tompkins County Representative Jim Dennis, Martha & John Ullberg, Ulysses Water Commission Chair Diane Hillmann, Comprehensive Plan Committee Chair Sue Poelvoorde, Village Trustees Chris Thomas, Jamie Saine-Free Press Reporter 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 Mr. Kerness to table the minutes of December 9 , 2009 . BE IT RESOLVED that the Town Board of the Town of Ulysses table the minutes of the Regular Town Board meeting of December 9`f' 2008 . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted APPROVAL OF CLAIMS Mr. Austic said that before the claims could be approved there had to be budget modifications . Mr. Austic moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following budget modifications Year End 2008 Budget Modifications A Fund Increase1011 . 1 Town . Bd. Coord . By $27 .40 Increase 1110 . 1 Justice 1 by $ . 78 Increase 1110 . 4 Justice CE by $476 . 37 Increase 1112 . 1 Justice Clerk by $ . 02 Increase 1410 . 4 Town. Clerk CE by $ 95 . 11 Increase 1410 . 1 Town Clerks PS by. $ . 03 Increase 1411 . 1 Deputy Town Clerk PS by $ 80 . 76 Increase 1620 . 4 Building CE by $ 3319 . 84 Increase 5010 . 1 HW Superintendent PS by $ . 06 Increase 5132 .4 Garage CE by $ 1864 . 14 Increase 5182 . 4 Street Lighting by $224 . 51 Increase 7310 . 4 Youth Programs CE by $6661 .48 Regular Town Board Meeting 2 01 / 13/2009 Increase 9055 . 8 Disability INS by $62 . 50 Total Increases $ 12813 . 00 Decrease 1990 . 4 Contingency by $ 7379 . 91 Decrease 1420 . 4 Attorney CE by $ 5433 . 09 Total Decreases $ 12813 . 00 B Fund Increase 3620 . 1 Bldg Insp . PS by $ . 07 Increase 8010 . 1 Zoning PS by $ 325 . 48 Increase 8025 . 4 Shared Services by $240 . 00 Increase 9055 . 8 Disability Ins . By $22 . 20 Increase 9060 . 8 Health Ins . By $ 178 . 64 Total Increases $ 766 . 39 Decrease 1990 . 4 Contingency by $ 766 . 39 DA Fund Increase 5130 . 1 Machinery PS by $ 7824 . 85 Increase 5130 .4 Machinery CE by $ 1934 . 95 Increase 5142 . 4 Snow Removal CE by $415 . 15 Increase 5148 . 4 Services to other Govts . By $400 . 18 Increase 9055 . 8 Disability Ins . by $ 16 . 80 Total Increases $ 10591 . 93 Decrease 5142 . 1 Snow Removal PS by $ 5295 . 97 Decrease 5148 . 1 Services to other Govts . PS by $ 5295 . 96 Total Decreases $ 10591 . 93 DB Fund Increase 9055 . 8 Disability Ins . by $ . 06 Decrease 9030 . 8 Social Security by $ . 06 WD3 Fund Increase 8310 . 1 Administration PS by $ . 09 Increase 8320 . 4 Source Purchases Water by $3285 . 06 Total Increases $ 3285 . 15 Decrease 8340 . 4 Trans/Dist CE by $ 3285 . 15 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 for 2008 #478 through 522 in the amount of $ 57 ,988 . 30 . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted. Ms . Tyler requested that Mr. Austic have Tom Major post his hours worked on his vouchers from now on . Ms . Tyler moved , seconded by Mr. Ferrentino the following : Regular Town Board Meeting 3 01 / 13/2009 BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous examined vouchers for 2009 # 1 through # 15 in the amount of $51 ,412 . 95 . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted. Ms . Thomas moved, seconded by Ms . Tyler. BE IT RESOLVED that the Town Board of the Town of Ulysses pass the 2009 Budget Presentation as presented at the December 9 , 2008 Town Board meeting. Further Resolved that the 2009 Budget and the 2009 Budget Presentation be placed on the Ulysses web page . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted. Ms . Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses audit will be held on Tuesday January 20`", 2009 at 10 : 30 a.m. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye REPORTS OF REPRESENTATIVES Tompkins County Representative Jim Dennis reported that Tompkins County has a new County Administrator, Joe Mareane he was the Chief Financial officer for Onondaga County and will be a good addition to the County with experience in budgeting and also very personable . NYS as you all are a where will be cutting their budget and spending which will trickle down to the County and the Towns . Everyone will just have to be aware of what the State is doing and plans on doing in the next six months . Mr. Dennis explained a little about mandates . The new County Administrator Joe Mareane has a lot of experience and history communicating with the elected officials not only locally but with State officials . The simple answer to mandates is legislators change the mandates and State officials and what you have to be alert to at the County level is say look you can not just change the sharing of money; you can not just share it is 50% this year and it will be 48 % next year people have to understand what that does at the local level . Mr. Dennis encourages elected municipal officials to communicate with their representatives in Albany in order to have an impact on mandates and spending costs . Regular Town Board Meeting 4 01 / 13/2009 Ms . Tyler asked Mr. Dennis to respond on the time as to when he sees the information coming out so that the Board knows what kind of numbers to expect . Mr. Dennis said that he thinks April 1st and then some, because as the State pulls their budget together and even if the budget is passed on April 1st it will take from anywhere from 3 to 8 weeks until it filters down to all of the agencies in the State and then they let the County know what the impact will be locally. Some services and programs have already been cut retroactively such as the youth services . Ms . Thomas said that she recalls some resolutions to be voted on at the NYS Association meeting in reference to relaxing mandates . Mr. Austic said that Stan Beams is interested in attending the Association of Towns and can be appointed as the Town ' s delegate . Trumansburg Fire Department Representative - absent Planning Board Representative - Mr. Coogan said that the PB is still looking at making a conservation district or zone . Mr. Beams does want to attend the Association of Town ' s meeting in NY City and would appreciate a $ 1000 advance for his expenses . Comprehensive Plan Chair Sue Poelvoorde reported that the Comprehensive Committee just received the Draft Comprehensive Plan copy of the compiled report of all of the corrections that have been distributed from the Bergman Associates . More copies will be forthcoming and the Town Board will be provided with these copies for their review . Also the SEQR materials have been sent for the Town Board to be declared as lead agency, which they could declare now, once Ms . Poelvoorde has had a chance to look then over she will get copies to the Board . Ms . Poelvoorde said that she would like to .have the Public Hearing advertised in the Journal no later then the 22nd of January for the Public Hearing to be on February 5th , 2009 . with a close of comment period of February 16th . The CP will meet that week if necessary or for its normal scheduled meeting on February 24th , 2009 . The CP committee will then submit the plan to the Town Board with all received comments incorporated . The Town Board can then declare themselves lead agency and do part I SEQR as well as submitting it to the County and Ag and Markets for the 239 L and M . There are also copies of the draft Comprehensive Plan available on line, in the Village Office and the library. Ms . Poelvoorde said that the committee will be meeting August 26th and after that time they may be able to set some dates for hearings . The Board is welcome to include any comments they may have for changes or corrections . The Town Board has a long discussion about timing for how the CP will move forward . The CPC is only suggesting the Town Board have a public hearing on March 12th , 2009 on the plan after review and do the SEQR Part 2 and then have the closing comments from the TB be the 24th of March and then looking at the TB ' s April 14th meeting where the Board could potentially adopt the CP at that time . Ms . Poelvoorde said that the CPC has talked about how to get the word out to the residents and she does not know if there is money to do a mailing. They would like to do the mailing before the public hearing. The Board agreed that the CPC could do a mailing. Ag Protection Mr. Austic announced that he has invited so farmer/land owners to a breakfast to be held at the American Legion on January 28th , 2009 at 8 AM to sit down and form a steering committee . • Regular Town Board Meeting 5 01 / 13/2009 Ms . Thomas asks to be added to the committee. Mr. Austic will make sure the committee includes someone from the County Farmland Protection committee, planning board, comprehensive plan committee . This meeting will establish who is on the steering committee . Ms . Tyler asks to have notes from the meeting. Water Commission Ms . Hillman said that she brought a copy of the minutes that can be distributed and also emailed a copy to Mr. Austic . The next meeting has not been scheduled . Mr. Austic will find out who wished to speak to the committee and they will go from there . When the date is set the Board will be advised . They do not have a regularly scheduled meeting since it is based on hearing complaints from those within the water district. Village Representative Trustee Thomas said that the Town had received a new contract for police services and the Village needs that executed or rejected as soon as possible. Mr. Thomas said that the Village is going to go ahead for a cost analysis for the water treatment plant. Ms . Thomas said that the Town did receive the contract for police services last month and she does not have a problem with it. Ms . Thomas moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Austic to sign the contract with the Village of Trumansburg for the police services so stated in the contract received . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted. • PUBLIC PRIVILEGE OF THE FLOOR Ms . Marino said that she would like to ask about the Ag Protection Committee and how it is going to be structured . Ms . Marino said that for the CPC set up the Board had a resolution that laid out in detail who was on the committee, what the charge was, what the time frame was, what the goals were and so she is wondering if the Board considering doing that with the Ag Protection Plan and also for this breakfast Mr. Austic said that he was going to have farmers and land owners invited and was wondering the cut off area to sending notice. Regular Town Board Meeting 6 01 / 13/2009 Mr. Austic, Mr. Rachun, and Monica Roth wrote a list of the land owners and active farm owners that they have been dealing with in changing the Ag District. Mr. Austic said that it is basically the residents who own land or work land . Mr. Austic said that it is open for review so if anyone can think of someone that may have been missed they can be added . Ms . Marino asked if the Town Board could consider making a resolution that establishes how this committee works, which will be on it, the goals and time frame are . Mr. Austic said that Kelly who works for Bergman is coming and can help with the goals . TOWN REPORTS • Highway Superintendent James Meeker reported the following : • Normal maintenance on equipment . • Haul stone . • Plowed and salted roads as needed. • Hired a backhoe to come in on Iradell Road to re- strap a culvert pipe because it was coming loose • Working on fuel tanks getting them painted Mr. Meeker reported that the contracts for the bridge work have been coming in extremely higher then anticipated . Mr. Austic said that he saw a letter to the editor thanking the highway department from another town of there excellent work. Mr. Austic would like to see the Town of Ulysses Board do the same thing for their highway department for their excellent work. Code Enforcement Officer Alex Rachun reported that he furnished the Town Board with his annual report for the Building Department . Mr. Coogan furnished an annual report of the planning issues that have been dealt with over the year. Mr. Rachun said that for most in the report is that it was a slow year with new starts but pretty much the same with additions, renovations and accessory buildings . Mr. Rachun said that in December he had 3 permits issued . Deputy Town Clerk Patricia Halloran reported that a total of $ 919 . 00 was collected for the month of December and $ 140 . 00 for a plumbing permit & a contractor' s registration fee which was turned over to the Supervisor along with the monthly report. Taxes were mailed out at the end of December and total collected as of 1 / 13 /2009 is $639 ,610 . 03 . Board Members and Committees Ms. Thomas said that the Youth Commission has been told that they will be cut by 25 % which is pretty disheartening because they run on a shoestring and have two amazing women running some terrific programs for the kids and an opportunity to bring in kids at high risk. M:s . Thomas said that the State is moving away from recreation and into delinquency instead . Ms . Thomas said they may be able to go for block grants and Karen Coleman the Town ' s representative from the County forwarded the Town some letters to forward to the governor on the youth programs . Ms . Thomas will copy these and forward to the Board . Ms . Thomas suggested that since all of this takes a while to get through the channels the Board may want to write a letter to the Governor and have Mr. Austic sign it or do as individuals . Mr. Thomas said that the Water Survey Committee is meeting on January 20th , 2009 at 7 pm . The clerk will check to see if this has been posted and advertised . Ms . Thomas said that there is some interest for vacancies on the planning board and it will come up later in the organizational meeting that there are openings on the Youth Regular Town Board Meeting 7 01 / 13/2009 Commission and County Recreation Partnership . Ms . Thomas asked if they had to be advertised . Mr. Austic said that there is no law but you can advertise and possibly get more people that are interested . Ms . Thomas asked if the Board would like to advertise . Mr. Kerness said that for the planning Board they have a couple of interested people and he would say no to that advertising. Ms . Thomas agreed but however for the Youth positions there has not been any luck getting anyone so that might be good to advertise . Mr. Austic said that we can advertise . Ms . Thomas said that after the organizational meeting it can be decided what positions need to have advertised Ms . Tyler reported that she had attended the EMC meeting and there was another presentation on the Emerald Ash Bore which has resulted in a regulation that you are not allowed to transport fire wood into State Parks . So campers will have to buy local fire wood . Mr. Kerness reported that he attended the Town of Ithaca Board meeting for a couple of reasons . He has been following the Wind Power Ordinance which they passed and the other being the Lake Front Zoning. One of the things Mr. Kerness said he took away from the meeting, other than it is very complicated, they did not give the public the ten days to review the document and they could not take a vote. Mr. Kerness will get a copy of the Town of Ithaca ' s Wind Power Ordinance and possibly other Town ' s laws or ordinances on wind power towers because this is something that the Town of Ulysses will soon be looking into . Mr. Kerness would like to tap into Ithaca' s expertise on both topics . Supervisor Austic said that the Board will not be receiving a Supervisor operating statement tonight it will be in the boxes in the next couple of days after vouchers are finished. He did hand out a statement of the bank balances . OLD BUSINESS ETHICS Mr. Austic asked Mr. Kerness if he would like to address the Ethics Policy. TOWN OF ULYSSES - CODE OF ETHICS WHEREAS , the General Municipal Law provides that all towns shall enact a Code of Ethics and that it be filed with the State Comptroller on or before December 31 , 1970, and WHEREAS , this Town Board believes that a Code of Ethics will provide town public officials and employees with adequate and definitive guidelines for their official conduct, be it RESOLVED, that the Town Board of the Town of Ulysses does hereby enact and adopt the following resolution and that a certified copy be sent to the comptroller of the State of New York and also one copy be posted on the Town Clerk ' s bulletin board : Section 1 . Pursuant to the provisions of Section Eight Hundred Six of the General Municipal Law, the Town Board of the Town of Ulysses recognizes that there are rules of ethical conduct for public officials and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in Regular Town Board Meeting 8 01 / 13/2009 our unit of local government . It is the purpose of this resolution to promulgate these rules of ethical conduct for the officers and employees of the Town of Ulysses . The rules of ethical conduct of this resolution as adopted, shall not conflict with, but shall be in addition to any prohibition of Article Eighteen of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees . Section 2. - Definition A. "Municipal Officer or Employee" means an officer or employee of the Town of Ulysses , whether paid or unpaid, including members of any administrative board, commission or other agency thereof No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a chief engineer or assistant chief engineer. B . Interest means a pecuniary or material benefit accruing to a municipal officer or employee unless the contract otherwise requires . Section 3 . - Standards of Conduct. Every officer or employee of the Town of Ulysses shall be subject to and abide by the following standards of conduct : A. Gifts. He/she shall not directly or indirectly (through family members) , solicit any gift ; or accept or receive any gifts having an annual cumulative value greater then seventy- five dollars and that $ 75 referred to is the limit of all permissible gifts to an affected employee or public official regardless of number of such gifts . The gifts could be in the form of money, services , loan travel, entertainment, hospitality, promise or any other form, under circumstance in which it could reasonably be inferred that the gift was intended to influence him/her or could reasonably be expected to influence him/her, in the performance of his/her official duties or was intended as a reward for any official action on his/her part . B . Confidential Information . He/she shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interests . C . Representation before one' s own agency. He/she shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he is an officer, member or employee or of any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee . D . Representation before any Agency for a contingent fee. He shall not receive, or enter into any agreement, express or implied for compensation for services to be rendered in relation to any matter before any agency of his municipality, whereby his compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this paragraph shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered . E . Disclosure of Interest in Legislation . To the extent that he knows, thereof, a member of the Town Board and any officer or employee of the Town of Ulysses , whether paid or unpaid, who participates in the discussion or gives official opinion to the Town Board on any legislation before the Town Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation . • Regular Town Board Meeting 9 01 / 13 /2009 F . Investments in Conflict with official Duties. He shall not invest or hold any investment directly or indirectly in any financial, business, commercial or private transaction, which creates a conflict with his official duties . G. Appearance of Impropriety. A public official or employee must avoid circumstances that compromise his/her ability to make decisions solely in the public interest or create an appearance of impropriety. H . Recusal. A public official or employee must recuse himself when faced with the above conflicts . Recusal defined-Recusal means that the official may not deliberate, vote, or participate in any way in such matter. The official should disclose his or her conflict and remove him or herself from the board. I. Town Property. No employee or public official shall use town property or assets for personal purposes or profit or to benefit a private party. Use of town property or assets restricted to the conduct of official business and for the benefit of all residents . J . Nepotism. Spouses and other family members may not serve in positions creating a conflict of interests, the appearance of a conflict or consolidation of power in one board . K. Private Employment. He/she shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or services creates a conflict with or impairs the proper discharge of his official duties . L. Future Employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Town of Ulysses in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration. M . Subordinates. No public official shall solicit political contributions from subordinates . N. Incompatible Positions. A public official is prohibited from (a) holding positions when one is subordinate to the other (b) Holding positions when the duties of the positions conflict . Section 4. — Right to File Claims. Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal officer or employee of any claims, account, demand or suit against the Town of Ulysses , or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law . Section 5 — Distribution of Code of Ethics. The Supervisor of the Town of Ulysses shall cause a copy of this Code of Ethics to be distributed to every public official and employee of the Town of Ulysses every January. A signed document reflecting receiving and understanding of Ulysses Code of Ethics Policy (see attachment 1 ) must be returned by March of the current year to the Town Clerk. Each public official and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his/her office or employment. The attorney for the Town shall provide mandatory training to Ulysses public officials and employee ' s concerning the requirements of the Town Code of Ethics within the first year of election, appointment or hiring . Section 6 — Penalties. Regular Town Board Meeting 10 01 / 13 /2009 Any Town of Ulysses employee or public official may submit in writing alleged ethical issues or concerns to the Tompkins County Ethics Board for review and investigation. Infractions of the Code of Ethics that are confirmed by such investigation will be referred to the Town Board for action. Section '1 - Effective Date. This resolution shall take effect 30 days after it is filed as provided in Section Twenty- seven of the Municipal Home Rule Law . This is to certify that the above Revised Code of Ethics was adopted by the Town Board of the Town of Ulysses January 13 , 2009 . DOG CONTROL Mr. Austic has several concerns with the Dog Control agreement with Chris Austic and the SPCA Contract. Ms . Thomas moved, seconded by Mr. Kerness the following : Dog Control for the Town of Ulysses Whereas : Ag and Markets Law Article VII requires each municipality in New York State to provide specific dog control services to its residents , and Whereas : In 2008 the Town of Ulysses appointed Christopher Austin to act for Dog Control Officer (DCO) providing the services required for such, and Whereas : The Ulysses Town Board has investigated alternatives for the services, and Whereas : The experience in 2008 with our present DCO has shown his ability to provide the service in an efficient, user friendly and cost efficient manner, and Whereas : The budgeted Dog Control line item is sufficient to both meet the DCO payroll as well as complete a dog enumeration in 2009 , as discussed during the budget process, Whereas : It is prudent to provide a backup DCO in the event that Christopher Austin is out of town, ill, or unreachable and the SPCA has agreed to provide this service at a rate of $ 50 per call . This will also provide dog control during the hours that Christopher Austin is employed at his second job which is located out of the area each weekday night making him unable to provide control for those 8 hours of each weekday. Whereas : Although Christopher Austin had a state certified kennel , there is no kennel at this time. Now Therefore be it Resolved : That the Town Board of the Town of Ulysses appoint Christopher Austin as primary DCO for the year 2009 at a salary of $6, 500 per annum and use the line item funds to complete an updated dog enumeration to update the last enumeration completed in the 1980 ' s . Be it also resolved that any dog picked up by the DCO will be delivered to the SPCA for impoundment unless the dog owner is found within 6 hours of the initial retrieval . No dog shall be kept by the DCO overnight . Be it also resolved : that the DCO will provide the following : • An explanation of exactly how the DCO may be reached at all times . All contact information shall be posted on the Town of Ulysses web site . • A monthly report to the Town Board, either written or oral , of activity including number of calls and number of dogs retrieved, and . a Regular Town Board Meeting 11 01 / 13/2009 Be it also resolved : The SPCA will provide impoundment services at the rate of $300 per dog impounded . Be it resolved : that the DCO and the Town will abide by the DCO Contract for Employment and the SPCA and Town will abide by the SPCA Impoundment Contract. Mr. Austic and Mr. Ferrentino expressed their objections to this agreement. The Board discussed passing the agreement the way it is with taking the dogs to the SPCA and then revisiting it after February if the DCO has a kennel . Mr. Austic said he would not vote on this agreement saying the DCO has to take a dog to the SPCA in six (6) hours and then change it next week . Mr. Kerness said when he finishes the kennel we can re-visit this . Mr. Austic called the vote . Mr. Austic nay Mr. Ferrentino nay Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted SPCA Contract Before reading the SPCA Contract into record Mr. Austic said to protect the Town of Ulysses, in his opinion, no dog taken by any other person other then the Towns DCO or the SPCA acting on behalf of the Town DCO is the only dog we should get the $300 charge for. The Town should not be paying for someone taking their dog up there and leaving it or some neighbor picking up a dog and taking it there . That needs to be put in the contract. The other item in the agreement is the medical fees . Mr. Austic said that if the Town is going to pay the SPCA $ 300 (everyone thinks the SPCA is giving medical treatment when they first get there and they are not) . So any medical treatment that is not the responsibility of the Town of Ulysses , if the owner is know. If the owner is know then any vet bills are the owner' s expense . If you can not find the owner then the Town of Ulysses is responsible . Mr. Austic said that the cost of the $ 300 has to be in the contract that it is a one time fee. Mr. Austic said under # 10 he has a concern about anyone taking a dead dog to the SPCA and getting charged . More discussion took place with the agreements also discussion took place that the dogs that get adopted to Ulysses residents get licensed in the Town of Ulysses . The details of the contract with the SPCA will be worked out with Abigail Smith of the SPCA . Mr. Austic moved to table, seconded by Mr. Ferrentino . Mr. Thomas and Ms . Tyler did not feel comfortable not voting on the agreement with the changes that they have talked about tonight because that would leave this open for another month. Mr. Austic also pointed out that the SPCA is not furnishing the Town with the required paper work that they are required to do . . , • Regular Town Board Meeting 12 01 / 13 /2009 Ms . Thomas said that they should vote on it tonight conditionally, make the correct changes and email everyone that they agree with the changes . Ms . Geldenhuys said that it can not be adopted or voted on conditionally. Mr. Austic reviewed the changes that he saw had to be made . * * I did not hear a motion or second for the SPCA Contract just the motion and second for the table. Called vote to table. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Organizational Meeting for the Town of Ulysses 2009 Mr. Austic moved, seconded by Mr. Ferrentino the following : BE IT RESOLVED, the Regular Monthly Board meetings of the Ulysses Town Board will be held on the second Tuesday of each month at 7 : 30 PM in the Ulysses Town Hall at 10 Elm Street, Trumansburg, NY . Board review of monthly claims will begin at 7 : 00 PM prior to each scheduled Regular Board Meeting . A second monthly meeting will be held on the fourth Thursday of each month at 7 : 00pm if deemed necessary by the Town Board. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Austic moved, seconded by Mr. Ferrentino the following : BE IT RESOLVED the designated news media is advised of the foregoing schedule and those meeting notices are posted, in accordance with the open meeting law , on the clerk ' s bulletin board and the Town web site . BE IT FURTHER RESOLVED the Ithaca Journal shall be and are hereby designated as the official Town publication. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Austic moved, seconded by Mr. Ferrentino the following BE IT RESOLVED , copies of the official minutes of the Town Board, prepared and distributed by the Town Clerk, shall be electronically distributed to each Town Board member, Town Justices, Highway Superintendent, Building Code Enforcement Officer, Chair of the Planning Board, County Representative, Attorney for the Town, and posted lama Regular Town Board Meeting 13 01 / 13/2009 on the Clerk ' s Bulletin Board and on the Town Website . Meeting minutes will be available within 14 days of any regularly scheduled Town Board meeting. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye t Adopted BE IT RESOLVED mileage at a rate of 58 . 5 cents per mile shall be paid to Town Officials and employees conducting official business and driving their personal vehicles and that such mileage shall be reported on the appropriate forms provided. Ms . Tyler moved to table, seconded by Mr. Ferrentino . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted to table for confirmation . Mr. Austic moved, seconded by Ms . Thomas the following BE IT RESOLVED the Highway Superintendent is authorized to incur expenses not to exceed $ 3000 . 00 for repairs and maintenance of highway equipment without prior Board approval . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Austic moved, seconded by Mr. Ferrentino the following BE IT RESOLVED the following bond undertakings for Town Officials is hereby approved as follows : A. Town Clerk/Tax Collector $250,000 B . Justices (2) $4,000 each C . Court Clerical $4 , 000 D . Code Enforcement Officier $ 1 ,000 E. Highway Superintendent $ 1 , 000 F . Town Supervisor $ 500, 000 G. Deputy Supervisor $ 15 ,000 H. Deputy Town Clerk $ 50,000 Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Austic moved, seconded by Ms . Thomas the following Regular Town Board Meeting 14 01 / 13/2009 BE IT RESOLVED in lieu of the report required by Town Law Section. 29( 10) , the Supervisor be and hereby is authorized to submit to the Town Clerk a copy of his annual report to the State Comptroller and that the Town Clerk shall cause a summary thereof to be published in accordance with the law. Mr. Austic moved, seconded by Ms . Thomas the following BE IT RESOLVED the Tompkins County Trust Company is designated as depository in which the Supervisor, Town Clerk, Justices, and other employees by virtue of their offices, shall deposit all monies coming into their hands and, FURTHER :RESOLVED the Town investments can be made at other banks as outlined in the Towns investment policy. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Austic moved, seconded by Mr. Ferrentino the following BE IT RESOLVED the Town Board authorizes the Supervisor to pay in advance of audit of claims for utilities, postage and contractual agreements which if delayed may result in loss of discounts or the accrual of service charges . Mr . Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Kerness moved to table, seconded by Ms . Tyler the appointments . BE IT RESOLVED : the following appointments to serve the Town of Ulysses and those descriptions of each office be compiled and made available upon request to any elected or appointed official or employee . Supervisor Appointments A. Deputy Supervisor Dick Coogan B . Liaison to Highway Dept . Dave Kerness C . Building Maintenance Doug Austic D . Liaison to Village Board Liz Thomas E . Personnel Liaison . Lucia Tyler F . Planning Bd . /BZA Liaison David Kerness G. Fire Dept. Liaison Doug Austic H . Bookkeeper Doug Austic Highway Superintendent Appointments A. Deputy Superintendent David Reynolds Town Clerk Appointments A . Deputy Town Clerk Patty Halloran Justice Appointments A. Court Clerk Michelle Townley Town Board appointments S Regular Town Board Meeting 15 01 / 13/2009 Title Appointment Term A. Code Enforcement Officer Alex Rachun unlimited term B . Town Attorney Mariette Geldenhuys annually C . Deputy Code Enforcement vacant Officer D . Planning Board Chair Ken Zeserson expires E . Planning Board Members John Wertis, Rod Hawkes , Rebecca Schneider, Stan Beames Rod Porter Vacant. E . Board of Zoning Appeals Chair George Tselekis expires F . Board of Zoning Appeals - Barbara Bristow, Members Carl Mann, Gerald VanOrden, Andy Glasner G . Clerk for Planning Board and Robyn Carlisle-Peck unlimited term Board of Zoning Appeals F . Comprehensive Planning Sue Poelvoorde Committee chair G. Comprehensive Planning John Wertis Committee members Rod Hawkes Roxanne Marino Heather Filberto Deirdre Cunningham David Tyler H . Comprehensive Planning Liz Thomas Committee- Town Board Liaison I . H . Board of Assessment Review Dick Coogan Carol Duddleston J . Town Board liaison to the Town Court K. TC Environmental Management Lucia Tyler Council (EMC) L. TC Water Resources Council Lucia Tyler M . Cayuga Lake Watershed/ CooganfKerness Stormwater N. County Youth Bureau Rep . Vacant O . Trumansburg Ulysses Joint Liz Thomas Youth Commission Liaison P . Trumansburg Ulysses Joint Deb Austic Youth Commission - Reps Michele Vonderweidt Q . Recreation Partnership Vacant representative R. TC Youth Services Board vacant S . Ithaca/Tompkins County Sue Poelvoorde Transportation T. Council Planning Committee U. Ithaca/Tompkins County Dick Coogan Transportation V . Council Policy Committee W. TC Emergency / Disaster Fire Dept (Jason Fulton) Comm . Regular Town Board Meeting 16 01 / 13/2009 • Title Appointment Term X . TC Council of Governments D . Austic/ L. Thomas alternate Y . Water District Superintendent Doug Austic Z . Water District Clerk Marsha Georgia AA . TC Area Development Dave Kerness BB . Fair Board liaison Rod Ferrentino CC . Historian and Deputy Dickens/Dean DD . Ag Lands Protection Doug Austic Committee - chair Called vote on tabling the above resolution . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Ms . Thomas requested job descriptions on the above and the terms of the appointments . Mr. Austic moved, seconded by Mr. Ferrentino the following : BE IT RESOLVED , the Town Board hereby establishes for Elected and Appointed Personnel the following standard work days, as required for determination of retirement benefits for Town Officials, and their annual salaries : ELECTED OFFICIALS : Title Hours/Day Days/Week Pay Supervisor as needed as needed $ 15000yr Council Person (4) as needed as needed $3957/yr each Clerk as needed as needed $46648 yr Town Justice (2) as needed as needed 15182 /yr each Highway Suserintendent as needed as needed $ 55059/ yr APPOINTED OFFICIALS AND EMPLOYEES _Title Hours/Day Days/Week Pay _Deputy Supervisor 1 hour As needed $ 17 .90 hr _Town Council Assistant 5 hours As needed $ 17 . 9 hr _Deputy Town Clerk 7(as needed) 5 '/z $28122/ yr _ Court Clerk 7 5 $30973/ yr Deputy Highway 8 or as needed 5 or as needed $20. 10 hr Superintendent ^Highway Employees 8 or as needed 5 or as needed $ 14 . 52-$ 16 .60 _ hr _Code Enforcement Officer 7 on call 24/7 5 . 5 call 24/7 _ $28422/ yr Zoning Officer 7 on call 24/7 5 . 5 call 24/7 $ 19573/ yr Bookkeeper As needed As needed $ 18044/ yr Planning and Zoning Clerk As needed As needed $ 15 . 30 hr _Planning Manager As needed _ As needed $ 17 . 90 hr _Water District Superintendent 5 on call 24/7 5 or call 24/7 $ 15771/yr Water District Clerk _ 2 or as needed 5 or as needed $ 11660/yr Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Regular Town Board Meeting 17 01 / 13/2009 Mr. Austic moved, seconded by Ms . Thomas BE IT RESOLVED all employees shall turn in a time card by the end of the last day of the pay period, salaried employees shall do the same stating time used for vacation, sick time, holiday or other time off to maintain accurate records of benefit time used. No pay will be issued without the presence of a signed time card. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Austic moved, seconded by Ms . Thomas BE IT RESOLVED any individual wishing to be on the agenda, advise the Supervisor of that intent at least one week prior to the scheduled meeting. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Austic moved, seconded by Ms . Thomas BE IT RESOLVED that the Clerk will call individual names of each Councilperson during a vote on a motion or resolution in order to clearly distinguish votes favoring, opposing, or abstaining. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye • Ms . Tyler aye Adopted Mr. Austic moved, seconded by Ms . Thomas BE IT RESOLVED any individual having any special needs and wishing to attend a meeting please advice the Town Clerk of the special requirements at least one week prior to the meeting. (ADA) Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Austic moved, seconded by Ms . Thomas BE IT RESOLVED that policies are in place for the Code of Ethics, Procurement Policy, Claims Policy, Meeting Rules and Procedures, Investment Policy, and Alcohol and Controlled Substance Testing Policy. The Clerk shall provide these policies to each Regular Town Board Meeting 18 01 / 13/2009 newly elected official or any other elected or appointed official or employee as requested along with other pertinent information such as the Zoning Laws, Comprehensive Plan, Personnel Manual, Planning Board and Zoning Board Attendance and Training Policy, Intermunicipal Cable TV Commission, and the Emergency Preparedness Plan. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms. Thomas aye Ms . Tyler aye Adopted Mr. Austic moved, seconded by Ms . Thomas BE IT RESOLVED that the Town Board of the Town of Ulysses will do the Annual Audit of the books for each department on January 20, 2009(by law on or before 1 /20) Resolution of Authorization : Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Austic moved, seconded by Ms . Thomas SHARED SERVICES AGREEMENT WHEREAS , Highway Law # 142 -d allows co-operative agreements for highway services and sharing of labor, equipment and supplies ; and WHEREAS , General Municipal Law Article 5 -G allows and encourages municipal co- operations, by joint or contract basis, performance of powers and duties among themselves ; and WHEREAS , it is deemed beneficial to the Town of Ulysses to allow for shared highway agreements of equipment and services with other nearby municipal highway departments ; NOW THEREFORE BE IT RESOLVED THAT the Ulysses Town Board authorizes the Town Supervisor pursuant to Highway Law #283 to enter into agreements for shared services and equipment with other municipalities and authorize, within existing budget constraints, the Town ' s Highway Superintendent pursuant to Highway Law #284 to take such action to implement said agreements consistent with Town highway needs and availability, and maintain sufficient liability coverage to protect the town in such joint efforts . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Austic moved, seconded by Ms . Thomas BE IT RESOLVED that the Town Clerk will initiate a Resolution/Motion Index System , identifying the Resolution/Motion number, date approved, and Title. Regular Town Board Meeting 19 01 / 13/2009 Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Memorial Bench for Christine Springer Ms . Thomas said that Tom Ferretti is collecting money to buy a bench in the memory of Justice Christine Springer and Ms . Thomas feels that because Ms . Springer was a Justice for the Town and thinks that the Town should donate. The general consensus is to find out more about the bench . Fire Contract Mr. Austic said that he needs authorization to sign the Fire contract with the Village of Trumansburg . Ms . Tyler moved ; no second because the Board would like to review it so copies will be distributed. Public Comments Ms . Marino asked about the items tabled tonight and if there will be another time when they are discussed . Ms . Tyler stated that tabled motions should be addressed at the next meeting which is scheduled for January 22 , 2009 Ms . Ullberg said that she feels the need to make some comment about the tension in the room during the meetings . She said that she feels that there may be a need to be an examination for the respect of other people' s opinions and the willingness to discuss things that an individual does not agree with. Ms . Thomas said back to Ms . Marino ' s question to address the tabled resolutions . Mr. Kerness said that some may be addressed at the meeting on the 22nd of January but for the most part for a couple of the resolutions they will not be prepared for. Hearing no further business Ms . Thomas moved seconded by Mr . Ferrentino to adjourn the meeting. Unanimiously approved . Meeting adjourned 10 : 45pm . Respectfully submitted, Marsha L . Georgia Ulysses Town Clerk MLG : mlg