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HomeMy WebLinkAbout2009-02-10 - TB Town of Ulysses Regular Town Board Meeting February 10, 2009 PRESENT : Supervisor Douglas Austic ; Council Mr. 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 : County Rep . Jim Dennis, Geoffrey Hart, Christopher Thomas, Village Trustee, Diane Hillman, Bob Howarth, 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 After review of the changes and corrections made o the minutes Ms . Thomas moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of the Regular Town Board Meeting of December 9, 2009 and January 13 , 2009 and the Special Town Board Meeting of January 22 , 2009 with the changes and corrections discussed. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms. Tyler aye Adopted APPROVAL OF CLAIMS After prior examination of the vouchers Mr. Kerness moved, seconded by Ms . Tyler the following: BE IT RESOLVED that the Town Board of the Town of Ulysses approve voucher # ' s 16 through 59 in the amount of $ 51 , 480. 00 . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms. Tyler aye Adopted REPORTS OF REPRESENTATIVES Tompkins County Representative Jim Dennis report that little is happening at the County and the Chair of the Board of Representatives is the same as last year. No new information has been received from the State as yet as to the numbers . The County Administrator are in Buffalo at a convention and should bring back what kind of benefits the County are not going to get from the State budget. When the County finds out they will pass it down to the Towns. Mr. Dennis said that he has been appointed the Chair of the Budget Committee, which his sense is they will be making significant cuts for this next budget. Regular Town Board Meeting 2 02/ 10/2009 Mr. Kerness asked if Mr. Dennis felt that the County would be making across the board cuts or actual deletions of certain o particular services. Mr. Dennis said that in his role of Chair of the Budget Committee he has had conversation with the County Administrator that it will not be across the board; that they feel they can not do that because some of the 24/7 operations that the County has if you cut like 5 % departments will loose some people which could cause higher expenses with things like overtime . Mr. Dennis says what he thinks legislators are going to have to look at specific programs and say that is a program that we are not going to do and it may have something to do with ATI and not be a mandated program because as far as everyone knows the State sends the County a list of programs that have to be done in the Social Service area and they can not be cut. If the funding gets changed by 1 % then that has to be made up at the local level . Programs that are outside mandated kind of things may get hit pretty hard and Mr. Dennis does not believe it will be across the board . Trumansburg Fire Department - no one in attendance . Planning Board Report In lieu of anyone in attendance from the Planning Board Mr. Rachun reported that Mr. Proctor had been before the board to request an expansion of his compost operation. Mr. Proctor will return next month to the Planning Board with completed and detail plans . Comprehensive Plan Committee - Ms . Poelvoorde was absent from tonight ' s meeting. Water Committee - Ms . Hillman said that the next meeting for the Water Committee will be March 5th at 12 noon at the Town Hall. Public Privilege of Floor Village Trustee Chris Thomas reported that the Village had heard a presentation from TCOG on the health insurance consortium . The Village also has scheduled several budget meetings for the upcoming Village Fiscal year. The Mayor will be meeting with Seneca County who has some water issues in terms of supply and transmission. Mr. Thomas said that the Village has established guidelines for operating permits for businesses selling food or alcohol in the Village. Mr. Thomas spoke today with Ms . Reynolds of the Tompkins Trust and Joel Abrams of the Rotary club about doing something with the island in front of Ron Don' s since the Tomkins Trust is getting ready to do a remodel. TOWN REPORTS Highway Superintendent James Meeker report for the month his department : • Was very busy plowing and salting and the crew had had the first week- end off on 2/7 and 2/8 since the last Board meeting • Transmission in the 1990 ten wheeler needed to be rebuilt • Borrowed a plow truck from the County for a week while repairs were being done . • The 2006 International compressor and air dryer has problems and was repaired at Caskey' s . The warrantee should cover the cost or at least most of it • They are mixing screenings with the salt now. • The loader alternate needed to be replace Code Enforcement Officer Alex Rachun reported that two (2) building permits were issued for the month; one for a single family home and the other for a renovation. Mr. Rachun said that he has posted the property on Mekeel Road as condemned and feels that it is a very dangerous situation. Regular Town Board Meeting 3 02/ 10/2009 The Board discussed what they may do with this property and came to the conclusion that it needed to be looked into more thoroughly. Attorney Geldenhuys will also see what she can come up with. Apparently there are other Towns who have laws that allow for cleanup of a property and charge back the owner for the expenses . The Board would like to see the Lansing and Cayuga Heights laws that address this same issue. Other possibilities are to impose a tax lien on the property for the cost of cleanup. If the taxes are not paid, this may give the Town some authority to seize the property and put it up for auction. Ms . Georgia will provide the tax payment history at the next meeting. Town Clerk Marsha Georgia reported that $995 was collected in the month of January and $ 836 . 13 was turned over to the Supervisor with her monthly report. Ms . Georgia reported that the 1st installments for the taxes in the amount $ 177 ,388 . 72 were turned over to Tompkins County Finance along with a check for $ 8 , 869 . 41 for the service charges and also a check for $2 ,217,200 for a payment on the 2009 tax warrant. Board Members and Committees — no reports . Supervisor Doug Austic previously distributed his monthly financial report to the Board and there were no questions . Mr. Austic said that Tompkins County Council of Governments (TCOG) wanted requests for projects that may come under the economics stimulus package so he turned in the bridge project on Seneca Road, the new Town Barns, and approach that the Town may consider a sewer district on Rt. 89 . Mr. Austic also was approached to see if the Cooperative Nursery School was eligible for funding through the stimulus package. Ms . Thomas requested that funds for the Black Diamond Trail be submitted. Mr. Kerness would like a copy of what Mr. Austic turned in. Mr. Austic will provide the Board with a copy of the sewer district proposal . Mr. Austic said that the engineering was done in 2001 for a septic district which would have to be updated at a cost of about $60 ,000 . This system would go from the Town of Ithaca to the Girl Scout Camp . The Board would like a copy of the 2001 engineering. Mr. Kerness will survey the West Shore Homeowners to gauge the interest of the households who would be affected by the sewer district proposal . OLD BUSINESS SPCA Contract Ms . Georgia had received an email from Abigail Smith, Executive Director of the SPCA with a couple of changes she would like to see in the contract. The following is that email correspondence : Hello Marsha, The contract overall looks fine. There are two things I would like to change/add and clarify in writing. 1 . I think we need a clarification on item 11 regarding reasonable period of time. I would like to see a specific length of time spelled out in the contract—how about our officers will wait one hour and if no response from your DCO, we will proceed. We will respond to emergencies immediately if your DCO cannot be reached. 2. In item number 2 the contract states that we will provide the town with the names of individuals that drop off stray dogs at the SPCA. The SPCA is more than willing to comply with this, as long as it is understood that this information is to remain confidential. We only release names when subpoenaed. The reason is to prevent any disputes between neighbors, for example. I 'm happy to talk more about it if there are questions. That 's all I 've got ! Let me know if these changes are OK, and I will make them, print and sign and mail the contract to you. Regular Town Board Meeting 4 02/ 10/2009 Abigail The Board discussed these changes and after long discussion about the one hour response noted in # 1 Ms. Thomas moved, seconded by Mr. Kerness to except the changes as presented by Ms . Smith of the SPCA and pass the contract. Mr. Austic nay Mr. Ferrentino nay Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Ms . Georgia will email Ms . Smith the resolution and she will mail a contract back to the Town. Ms . Tyler moved, seconded by Ms . Thomas that the Town Board authorizes Supervisor Austic to sign the SPCA contract when Ms . Smith returns it to the Town. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Audit Two proposals have been received by the Town for an audit of the 2008 Town of Ulysses books Ms. Tyler moved, seconded by Mr. Kerness the following resolution : WHEREAS Ciaschi, Dietershagen, etc . LLP had the lowest bid of two locally respected accounting firms in the amount of $ 10500 for a financial statement audit plus internal controls ; BE IT RESOLVED that the Town Board of the Town of Ulysses accept the proposal from Ciaschi, Dietershagen, etc . LLP of January 9, 2009 to audit the 2008 Town of Ulysses books. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Kerness asked what has to be done to do what the auditor recommended from the last audit. Mr. Austic said he is doing what they recommended for him to do . Mr. Kerness referred to other recommendations and what should be done . Mr. Kerness will look into things such as time cards and expense vouchers . Mr. Austic said that the Town is using a standard time card and does have a standard expense voucher, whether everyone uses it is a different question. Regular Town Board Meeting I 5 02/ 10/2009 Finish Organizational Meeting Ms . Thomas would like to get together with Mr. Coogan and further work on the list for the organizational meeting. The following resolution was tabled in January. Mr. Austic moved, seconded by Ms . Thomas the following : BE IT RESOLVED mileage at a rate of 55 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. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Ms . Tyler introduced the following resolution into the record regarding the memo from Ms . Geldenhuys regarding the compatibility of office. WHEREAS , the memo from the attorney for the Town, Mariette Geldenhuys, of January 8 , 2009, addresses the compatibility of the Offices of the Town Supervisor (who is a Town Board member) and the Water Superintendent/Administrator for the Town, and concludes that these two offices are incompatible; and this opinion was also expressed in the New York Association of Towns newsletter of March/April 2008 , with accompanying legal references; and an Opinion { of the Attorney General ( 102301193 ) states that the position of water superintendent is incompatible with that of a town board member; and WHEREAS , the positions of Town Supervisor and Water Superintendent/Administrator for Town are currently held by the same person; NOW, THEREFORE, BE IT RESOLVED that the Town immediately commence a search process for another Water Superintendent/Administrator and advertise the position as the first step in the search process . Mr. Kerness seconded the resolution for discussion. Mr. Austic asked if the Board had read the other opinion . Ms . Tyler answered yes. Mr. Austic said that instead of hiring a different person this could be made a duty of the Supervisor. A resolution also has to be done to make the bookkeeper a part of the supervisor. Ms . Geldenhuys said that there are two things that have to be done ; one is write a resolution to take the bookkeeper out of the budget as a separate line and separate position and the other is a Local Law to increase the Supervisor salary because the budget that was subject to a public hearing was a lower number. Ms . Geldenhuys will draft these two resolutions . Mr. Austic said there was also the matter of employee supervisor that was done at budget time. Ms. Tyler and Ms . Thomas were confused as to what this was . Mr. Kerness reminded them that at budget time there was a 4% increase for the Supervisor that went to $ 15000 for responsibilities that no one was following up on. Mr. Austic moved to table the above resolution until the next meeting, Mr. Kerness seconded. Regular Town Board Meeting 6 02/ 10/2009 Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms. Thomas aye Ms . Tyler aye Adopted to table. Mr. Kerness asked if anyone can tell him when the Town Board will get the results or something from the Water Survey. Ms . Thomas said that she knows that they met January 20`h and she has not spoke with Ms. Ritter but Ms . Thomas can ask her to come and make a report . Mr. Kerness asked Ms . Georgia when she would have the index of resolution available for the Board. Ms . Georgia asked how often the Board would want the index . Mr. Kerness said once a month. NEW BUSINESS Projects for the Economic Stimulus Package This was previously discussed under the Supervisors report. Others Resolutions for the Association of Towns Mr. Austic will read the final resolve and the Board will vote yes or no to pass on to the delegate representing the Town at the Association of Towns meeting. 1 . Preserve and Strengthen Home Rule — yes 2 . Mandate Relief — yes 3 . Highway and Transportation Funding — yes 4 . Highway Mutual Aid — yes 5 . Local Road Classification — no 6 . Water, Wastewater and Stormwater Infrastructure Aid — yes 7 . Preserve and Strengthen Local Governments Role in the Siting of Energy Generation Facilities - yes 8 . Publication of Legal Notices — yes 9 . Preservation of Town Registrars of Vital Statistics — no 10. Economic Stimulus — yes 11 . GML 207 -C Disability Benefits for Law Enforcement Reform — abstained 12 . Reform Real Property Tax System — yes Ms . Georgia will forward the Boards vote on to Mr. Beams the appointed delegate to the Association of Towns meeting in NYC . Senior Citizens and the Disabled Persons Exemption for Real Property Mr. Austic introduced and moved, seconded by Ms. Thomas the following resolution : SENIOR CITIZENS AND THE DISABLED PERSONS EXEMPTION REAL PROPERTY WHEREAS, the Town Board of the Town of Ulysses has established a maximum income real property tax exemption eligibility level, pursuant to Section 467 and Section 459 of the Real Property Tax Law, and Regular Town Board Meeting 7 02/ 10/2009 WHEREAS, the Town Board extended eligibility by establishing a sliding scale of exemption percentages for those with income between $28,000 and $36,399 pursuant to the Real Property Tax Law, NOW THEREFORE BE IT RESOLVED, that the resolution establishing a maximum income exemption level for persons 65 years of age or older and disabled persons adopted pursuant to Real Property Tax Law Section 467 & Section 459, are amended to read as follows : ANNUAL INCOME PERCENTAGE ASSESSED VALUATION EXEMPT FROM TAXATION SENIOR & DISABILITY $0 - $28,000 50% $28,001 - $28,999 45% $29,000 - $29,999 40% $30,000 - $30,999 35 % $31 ,000 - $31 ,899 30% $31 ,900 - $32,799 25 % $32,800 - $33,699 20% $33,700 - $34,599 15 % $34,600 - $35,499 10 % $35,500 - $36,399 5 % FURTHER RESOLVE, that the Town Board of the Town of Ulysses enacts sub section RPTL 467 (6b) allowing the automatic renewal of the senior citizen real tax exemption and the "persons with disabilities and limited income" RPTL 459-C exemptions. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Planning Board Interviews The Board has received letters of interest from two individuals who wish to serve on the Planning Board and they are Bill Chaisson and Rick Rainey. The Boards needs to interview and Mr. Austic will contact the two of them to see if they are available either the 16th, 17 , 18th of February or March 5th Ethics Training Ms . Geldenhuys will look into dates for the training session and schedule one for the evening and the other time is at lunch time. Public Comments Mr. Howarth wanted to comment on the Mekeel Road property because he goes by there most every day. He feels that it is a very dangerous situation; the front door has been knocked down, the big picture window in the front is broken out and there are big shards of glass just hanging there . Mr. Howarth feels that people are still dropping things off there . Mr. Howarth would love to see the Town be able to do something there. Mr. Austic reviewed for the Attorney what has taken place to date on the property. He said that Mr. Rachun has condemned the property on Mekeel Road but the owner can not be found so the question is what can be done about it. Ms . Geldenhuys said that there is an abandoned property law that she can check that out on how it may relate to the Town. She thinks in the law it states that a municipality under Regular Town Board Meeting 8 02/ 10/2009 certain circumstances provide notice to the owner and take over ownership which would be a court matter. Mr. Austic asked if the Town would have to pass their own law for this . Ms . Geldenhuys said she did not believe so, she knows that cities can do it but she will research it for the Town. Mr. Ferrentino said he would think something could be done on a health related action. Ms . Geldenhuys will research and let the Board know . Ms . Geldenhuys also noted that she will not be available for the March Regular Town Board meeting. Hearing no further business Ms . Tyler moved, seconded by Ms . Thomas to adjourn the meeting. Unanimiously approved; meeting adjourned at 9 : 35 pm. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mlg