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.
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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.
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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.
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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.
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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.
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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
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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
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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