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HomeMy WebLinkAbout2011-04-12-RTB Town of Ulysses Regular Town Board Meeting April 12 , 2011 * * Audio version available at www. ulysses . ny. us PRESENT : Supervisor Roxanne Marino ; Councilpersons Elizabeth Thomas, Lucia Tyler, and Kevin Romer; Town Clerk Marsha Georgia; Highway Superintendent James Meeker; Attorney Marlette Geldenhuys . Others Present: Tompkins County Representative Jim Dennis , Code Enforcement Officer Alex Rachun, Planning Board Member John Wertis, Diane Hillman, Richard Coogan, Vernon and Dana Collins, Ann Dipetta, Ed Sawester, Bill George, Village Trustee Debra Watkins, and Brian Snyder. Supervisor Marino called the meeting to order at 7 : 00 p . m . APPROVAL OF CLAIMS Ms . Marino moved, seconded by Ms . Thomas the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous examined vouchers # 123 through 146 and # 148 through 180 in the amount of $45 ,407 . 85 . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Romer aye Adopted t APPROVAL OF MINUTES Ms . Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of the Regular Town Board meeting of March 8 , 2011 , the Special Town Board meetings of March 16`" and the 22nd, 2011 . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Romer aye Adopted Ms . Thomas asked about the meeting of March 1st, 2011 . The clerk will check on those . REPORTS OF REPRESENTATIVES Tompkins County Board Representative Jim Dennis distributed and reviewed information on the impact of the 2010 census on the distribution of sales tax . Ms . Dennis said that New York State passed their budget and the County will be losing around $ 1 million in 2011 and expect to lose up to $ 5 . 3 million in 2012 but, the County is hoping to keep in the range of a 2% tax increase to manage the loss . Mr. Dennis explained about re-districting in the County and also reported on the road ordinance the County is working on . Trumansburg Fire Department Brian Snyder reported on additional equipment the Department was able to acquire through a grant they received and talked about the volunteer in-. training program of the EMS . Mr. Snyder said that the Department participated in the Prescription Drug Collection program that took place and over 74 pounds of unwanted prescription drugs were collected . Regular TB Meeting 2 , 04/12/2011 Trumansburg Village Trustee Debra Watkins reported that the Village had their Organizational meeting and the budget was adopted. Taxes for the Village will decrease, the sewer rates will increase and the water rates will remain the same . The Village also passed a resolution making the EMS a separate department. The next step is to pass the billing amounts . Presentation of the Six Town Energy Education Grant by Shawn Lindabury Mr. Lindabury distributed the first Quarterly Report of the NYSERDA-Town of Dryden (Six Town) Energy Management Personnel Report and gave an overview of the activities . The full report is available on line at the Town of Dryden' s web site . Presentation from Jacksonville Community Association Ms . Hillman of the Jacksonville Community Association said that the residents of Jacksonville are concerned about changes that may occur in properties within Jacksonville. This all came to light when Mr. Ledger applied for a zoning variance for an older home in the center of the hamlet. The Association had a meeting, which was very well attended, and out of that meeting came some ideas for zoning changes they would like to see . Mr. Coogan spoke on the zoning changes, noting that one of the biggest problems identified with the current zoning law is the definition of family. The Association thinks that the definition of family could be modified by removing the last sentence that states you can combine 3 unrelated family members . Mr. Coogan also identified issues with commercial rental units and how they should be looked at . Other zoning matters were discussed . PRIVILEDGE OF THE FLOOR Mr. Dennis thanked Mr. Meeker and the entire Highway Department for the excellent work they did on roads throughout the winter. TOWN REPORTS Planning Board Mr. Wertis said the Planning Board is working on the task before them on "light industry" and the language in the proposed zoning changes . Highway Superintendent James Meeker reported on the activities of his department for the last month. Town Clerk Marsha Georgia reported the total fees collected for March and the amount turned over to the Supervisor. Ms . Georgia said that the collection of taxes has come to an end for the Town and she will be turning over all the unpaid bills to Tompkins County Finance . Ms . Georgia said that the Dog Enumerator is finishing up and should be done by the end of the week. Code Enforcement Officer Alex Rachun reported the activities of the building department . Supervisor Roxanne Marino reported : • Attending TC Animal Control meeting on April 15th to report enumeration details and the structure of the fee schedule for the contract with the SPCA • Attending Road Task Force meeting also on April 15th • On April 18th there is another Road Task Force meeting • Working on reviewing and updating the Agriculture and Farmland Protection Plan • Met to discuss the heavy industry zoning changes Town Board Members and Committees Ms . Tyler reported on the meetings of the Committee working on the Town ' s Personnel Manual . Ms . Thomas reported on the various meetings she attended. OLD BUSINESS Regular TB Meeting 3 04/12/2011 Pavement Management System Proposal Ms . Marino discussed the proposal from Labella Associates for engineering services for pavement management. Mr. Meeker still has concerns and wishes to speak with Mr. Walker from Labella about these. Ms . Marino said that this could be tabled until Mr. Meeker speaks with Mr. Walker and bring it back to the Board at the second Board meeting later in April . EMS The Town Board reviewed the resolution that the Village passed "To Create the Trumansburg Ambulance Department," a fee- for- service department. The Board discussed the conflict of the resolution with the existing contract the Town has with the Village of Trumansburg for fire/ems protection. There also were questions about the fee schedule. The Board still would like to meet with the Village to discuss the EMS . Deb Watkins, Village Trustee, asked that the Town Board forward questions to the Village prior to a meeting. Ms . Watkins will get back in touch about a meeting after checking with her Board . NEW BUSINESS Local Law Establishing Position of Second Deputy Supervisor Ms . Marino moved, seconded by Ms . Tyler the following : WHEREAS, the Town of Ulysses currently has one position of Deputy Supervisor, which was established pursuant to §42 of the Town Law; and WHEREAS, it would be in the best interest of the Town to create a second Deputy Supervisor position to assist the Supervisor and the Town Board in managing the work load of the Town; and WHEREAS, the Town Board has the authority, pursuant to the Municipal Home Rule Law, to supersede §42 of the Town Law and create a second Deputy Supervisor position by local law; and NOW, THEREFORE, be it RESOLVED that the Town Board hereby adopts Local Law # 1 of 2011 to create the position of Second Deputy Supervisor. Ms . Marino aye Ms . Thomas abstained Mr. Tyler aye Mr. Romer aye Adopted Local Law #1 2011 A Local Law to Establish the Position of Second Deputy Supervisor Be it enacted by the Town Board of the Town of Ulysses as follows : SECTION 1 . Town Law §42 authorizes the Town Board to establish one deputy supervisor position. The Town Board has concluded that it would be in the best interest of the Town to establish a second Deputy Supervisor position. The Town has the authority pursuant to the Municipal Home Rule Law to supersede Town Law §42 and establish a second Deputy Supervisor position in the Town. Regular TB Meeting 04/12/2011 4 SECTION 2. The Town hereby establishes a second deputy supervisor position in the Town. This position shall be known as "Second Deputy Supervisor". SECTION 3. Except as otherwise provided in this Local Law, the provisions of Town Law §42 shall apply to the position of Second Deputy Supervisor. SECTION 4. During the absence or inability of the Supervisor to act, or while the office of Supervisor is vacant, the order in which the Deputy Supervisor and Second Deputy Supervisor shall act shall be governed by Public Officers Law § 9. SECTION 5. This local law shall take effect upon filing with the Secretary of State, but the filing shall not occur until at least forty-five (45) days after its adoption. Ms . Georgia will file the law with the Secretary of State after 45 days . Budget Modifications Ms. Marino moved, seconded by Mr. Romer the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following budget modifications : A Fund A1110 . 4 Justice CE (JCP grant Received) increase $ 13 ,910 . A1220 . 12 Deputy Supervisor (2°) (salary for 20 hrs .pw At $22 hr. mid April through mid-August increase 7,040. A1011 . 1 Administrative Asst. decrease 7, 040. Revenue 5031 Inter-fund transfer increase 100 . 3089(new) Other Government Aid 13 , 910 . SW#3 Revenue SW3 5031 Inter-fund Transfer increase 100. SW#4 8310 . 1 Admin. Super PS decrease 150 . 9030. 8 Social Security decrease 19 . 8310 . 11 Admin Clerk decrease 100 . 9901 (new) Transfer to Other Funds 269 . Ms . Marino aye Ms. Thomas aye Ms. Tyler aye Mr. Romer aye Adopted Planning and Zoning Position Draft The description for Environment Planner (Tompkins County) has been modified to include the zoning administrator and assist the Zoning Board of Appeals . This modified job description has to be approved by Tompkins County. i . r . Regular TB Meeting 5 04/12/2011 Ms . Marino will pass it on to the County for their approval . Agenda Items & Schedule for Upcoming Meetings There are two meetings scheduled : April 20th at 9 : 00 a. m . and April 26th at 6 : 30 p . m. There was discussion that some Board members will not be available. Attorney Consultation Ms . Marino moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves to adjourn to a closed session to speak with the attorney about legal matters . Meeting adjourned to a closed session at 10 : 15 p .m . Meeting reconvened at 10 : 45 p .m . The Board cancelled the meeting scheduled for April 20th The meeting for April 26th is still scheduled and the Agriculture and Farmland Protection Plan will be reviewed. Hearing no further business, Ms . Marino moved to adjourn, seconded by Mr. Romer; unanimously approved and meeting adjourned at 10 : 55 p . m. Respectfully submitted, Marsha L. Georgia, Ulysses Town Clerk Town of Ulysses Public Hearing April 12, 2011 Present : Supervisor Roxanne Marino ; Councilpersons Lucia Tyler, Elizabeth Thomas, Kevin Romer; Town Clerk Marsha L. Georgia; Highway Superintendent James Meeker; Attorney Mariette Geldenhuys . Absent: Councilman David Kerness and Deputy Supervisor Sue Poelvoorde . Others Present : Richard Coogan, Diane Hillman, Vern and Diana Collins . Supervisor Marino called the Public Hearing to order at 6 : 45 p .m . and read the "legal notice" into the record. The purpose of the public hearing is to hear public comments on proposed Local Law # 1 for 2011 titled "A Local Law to Establish the Position of Second Deputy Clerk". Public Comments Richard Coogan : • In the state of New York it is very uncommon to have a second Deputy Supervisor, almost unheard of in a small municipality. • Board members serving as a Deputy Supervisor do not receive additional pay because they are being paid as Town Board members and it is hard to separate one from another. • In Ulysses, a Deputy Supervisor is not allowed to conduct Town Board meetings as set 1 by the Town Board. • Passing a law for a second Deputy Supervisor sets a precedent so anytime in the future you can have two deputies . • Creating a position for a specific person is unethical and bad government . Diane Hillman : • What is the justification for this second deputy? What is the cost? Would like more specific justification. Vern Collins : • Where is the money coming from? The Town should try to keep a cap on expenses and not fund another position. Supervisor Marino said that the law does not authorize the commitment or expenditure of any funds . It simply authorizes the ability of the Town Supervisor to appoint a second deputy supervisor if desired . The Town Board authorizes funding the position totally as a separate issue. The Town Board recognized the need for more administrative help during the 2011 budget deliberations because there are a lot of tasks to be accomplished and issues to be addressed in the future and allocated $21 , 000 in the 2011 budget. Hearing no further comments the public hearing was closed at 7 : 00 p .m. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk 1