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HomeMy WebLinkAbout2013-01-22-WTB Town of Ulysses Town Board Working Meeting January 22 , 2013 * * audio available at www. ulysses .ny. us Present : Supervisor Roxanne Marino ; Councilpersons David Kerness, Lucia Tyler and Kevin Romer; and Recording Secretary Robin Carlisle-Peck Absent : Councilwoman Elizabeth Thomas Others Present : Heinz and Anna Riederer Supervisor Marino called the meeting to order at 7 p . m . and reviewed the agenda. Lake Shore Zoning Mr. Riederer asked for a few minutes of the Board ' s time to read a letter into the record and presented the original to the Board ; Lake Shore Zoning Heinz Riederer, 1 Maplewood Point, Ithaca, NY 14850 1. Moorings A former Chairman and current member of the LSZ committee informed me recently that, to his knowledge, there is no existing state law concerning moorings. Enclosed herewith is an excerpt from state law/regulation specifically covering moorings. I am placing this herewith - on the record - to bring it to the attention of the Board and I am asking the Board to direct the ad hoc Lake Shore Zoning Committee to consider eliminating any additional zoning proposal in this regard Existing State law is perfectly adequate. 2. Docks I urge the LSZ committee to obtain copies of current rules and regulations regarding docks etc. from the NY State DEC and U. S. Army Corp of Engineers. Said regulations are also perfectly adequate. The current LSZ committee, in its make-up, in part mirrors the prior committee which proposed zoning regulations that were soundly rejected by the public at a public hearing on 10/24/12. (See audio, and minutes of said meeting are attached) Would you please post these minutes with my comments tonight since I have not been able to find them posted elsewhere ? Would you also please post the minutes behind the original meeting date ? It is inconceivable to me how the Town Board expects this committee to be able to mody the zoning proposals of their own creation which represents their own 'best judgment ' in the first place, ie. 'their own product '. I therefore urge the Town Board to modify this committee so that it does not closely mirror the prior committee or the Town Planning Board. Lakeshore property owners should be in the majority on the ad hoc LSZ committee. I understand ULA (Ulysses Lakeshore Association) has supplied a list of individuals willing to serve. In Conclusion, Mr. Peter Fry, Mr. Rod Hawkes, and Ms. Rebecca Schneider are members of the Town Planning Board. They also serve on the new LSZ Committee and represent a 'quorum ' on that committee since Ms. Darby Kiley is a non-voting member. Therefore, the LSZ is simply an extension of the Town Planning Board This is highly unusual, represents a conflict of. interest and may be contrary to Town Laws and Regulations promulgated by the State of New York Respectfully Submitted, Working Minutes 2 01 /22/2013 Heinz Riederer Ms . Marino clarified that the meeting on 10/24/2012 was a Public Informational Meeting and not a Public Hearing . Budget Modifications Ms . Marino moved, seconded by Ms . Tyler the following : A Fund Appropriation line 1110 . 12 Justice Clerk PS Increase $ 1 ,242 . 68 Appropriation line 1920 . 4 Municipal Assoc Dues increase $ 80 . 00 Appropriation line 1011 . 1 Admin Assistant PS decrease $ 1 ,343 . 68 Appropriation line 5182 .4 Street Lighting Increase $ 154 . 35 Appropriation line 9030 . 8 Social Security Increase $ 218 . 24 Appropriation line 1990 .4 Contingency decrease $ 472 . 59 DA Fund Appropriation line 5130 . 0 Machinery PS Increase $ 1 ,346 . 57 Appropriation line 5140 . 1 Brush & Weeds PS Increase $ 584 . 83 Appropriation line 9055 . 8 Disability Insurance Increase $ 13 . 25 Appropriation 9010 . 8 State Retirement fund decrease $ 1 ,944 . 65 DB Fund Appropriation line 5110 . 1 Highway Maintenance PS increase $ 3 , 753 .42 Appropriation line 5112 Highway Capital Imp increase $ 203 . 73 Appropriation line 9030 Social Security increase $ 142 . 19 Appropriation line 9060 Medical Insurance increase $ 20 . 72 Appropriation line 5110 .4 Highway Maintenance CE decrease $ 2 , 131 . 06 Appropriation line 9010 NYS Retirement fund decrease $ 1 ,989 . 00 Ms . Marino aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Ms . Marino reported that the Annual Audit is being worked on and the tentative date for finalization is February 28 , 2013 . The Board discussed the internal audit by an independent auditor. Resolution to Appoint Representative to Recreation Partnership . • I Working Minutes 3 01/2212013 Ms. Marino moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses hereby appoints Durand VanDorn as the Ulysses representatives to the Tompkins County Recreation Partnership Board for 2013 . Ms. Marino aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Association of Towns Annual Meeting The Annual Association of Towns meeting is scheduled February 18th through the 20cn Ms . Thomas is willing to go and Ken Zeserson; Planning Board Chairman expressed his interest as well . Also the Town Attorney mentioned that she may attend. The Board will ask if either of the Judges would like to attend . Ms . Marino moved, seconded by Mr. Romer the following resolution : BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Ms . Thomas as the Ulysses delegate to the Annual Association of Towns Business Meeting. Ms . Marino aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Standards Specifications and Details for Water Facilities Ms . Marino reviewed the information received from Mr. Austic to use plastic pipe in the water service line . Mr. Romer moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the proposed revisions to the Standards Specifications and Details for Water Facilities as outlined in the last version dated December 9, 2003 Ms . Marino aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Ms . Marino said in another water related issue she has received an email and phone call about hooking up to the water line that goes by his property on Route 89 . Ms . Marino has talked with Mr. Austic about this . The property owner did contact Bolton Point and was told that the Town of Ithaca would have to act on this . Ms . Marino is still gathering information and will keep the Board informed . Renewal of Contract with Soil and Water Conservation District. Ms . Marino said that we contract with Soil and Water to review Stormwater plans which works well for the Town . +�r---- --•-1.-----_ Working Minutes 4 01 /22.12013 Ms . Tyler moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the renewal of the contract with Soil and Water Conservation District. Ms. Marino aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Organizational Meeting Resolutions Ms . Marino said a few resolutions need to corrected or re-voted on. Ms . Marino said that because resolution # 12 is an appointment by her it needs to be re- affirmed since she was not present at the organizational meeting . Ms . Marino moved, seconded by Mr. Romer the following : Resolution 2013- 12 : BE IT RESOLVED that the Supervisor is authorized to appoint a Town Bookkeeper, with an annual budgeted salary as set by the Town Board . The Supervisor hereby appoints Mary Bouchard, CPA as the Town Bookkeeper. Ms . Marino aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Resolution 2013 - 13 was tabled at the 1 /3/2013 meeting ; Ms . Marino moved, seconded by Ms . Tyler the following : Resolution 2013- 13 : BE IT RESOLVED that the Town Board established the Office of first Deputy Supervisor and second Deputy Supervisor in 2012 . The first Deputy Supervisor acts for and in place of the Supervisor in her/his absence . The annual budgeted salary of the first Deputy Supervisor and the second Deputy Supervisor is set by the Town Board. In accordance with Town Law, the Supervisor appoints Elizabeth Thomas as the first Deputy Supervisors . The position of the second Deputy Supervisor is left vacant. Ms . Marino aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Resolution 2013 - 17 was adopted on January 3 , 2013 but Ms . Marino said that she feels it is just not needed because it is an appointment by Civil Service . Resolution 2013- 17 : BE IT RESOLVED that the Town Board has established the position of Water Distribution and Maintenance Operator, to supervise and carry out all of the activities necessary for the day-to-day operation and maintenance of the Town' s Special Improvement Water Districts, as outlined in the Town Manual of Position Descriptions (Section II, Employees and Appointments by the Town Board) . The Town Board appoints Doug Austic as Water Superintendent with a salary as set by the Town Board for the 2013 calendar year. :11 .S; w Working Minutes 5 01/22/2013 Left as is for 2013 with a notation as follows : * *Note : Civil Service Appointment — not needed in Organizational meeting Resolution 2013 - 19 needs to be amended as follows because 2012 is in the table of salaries and needs to read 2013 . Ms . Marino moved, seconded by Mr. Kerness to amend resolution 2013 - 19 as follows : Resolution 2013- 19 : BE IT RESOLVED that the Town Board hereby establishes the following pay rates for employees and elected officials in 2013 . If necessary to appoint a new employee or replace an elected official during the year of 2013 , the Town Board will establish a salary commensurate with the experience and availability of funds : 2013 Budgeted hourly rate if Position Appropriation applicable $ 15 ,608 Supervisor $25 , 557 $22 .44/hr Deputy Supervisor $ 10, 000 $22 . 44/hr Town Board Administrative Assistant $ 18 , 774 Bookkeeper $4, 116 . 72 Councilperson $ 60, 175 Town Clerk / Deputy Town Clerk $30, 500 f $ 15 ,955 each Town Justice Court Clerk $ 33 , 192 Enforcement Officer for Building Code $29, 869 Deputy Enforcement Officer $ 10,400 $ 18 . 80 Zoning Officer $26, 780 Planner $26, 780 Planning and Zoning Clerk $ 6, 120 $ 16, 39 $58 ,429 Highway Superintendent Deputy Highway Superintendent multiple budget $21 . 27 lines Highway Machine Equipment Operators multiple budget $ 16 . 63 - $ 19 . 68 Laborer lines $ 13 . 04 multiple budget lines $ 15 ,085 Water Distribution & Maintenance Operator Water District Laborer $4,426 $ 18 . 80 Historian $ 1 , 530 Resolution 2013 -20 was adopted but Ms . Marino pointed out that the second to last sentence in this resolution is that "full time elected officials should use the time card to submit sick, vacation and holiday and personal time off' . Ms . Marino noted that this discussion took place last year and they can not do this . The Board does not have any say over elected officials, when they work, when they take vacation; there is no supervisor for them . Working Minutes 6 01 /22/2013 Tabled this discussion to hear from Mr. Boggs, a member of the Water Advisory Committee . Water Speciffications Mr. Boggs has just entered the meeting to discuss the Water Standards and Specifications . Mr. Boggs gave his professional opinion on using plastic pipe and meter pits and would recommend having meter pits at the curb stop and from there have plastic to the residence . The Board may re-visit this later in the meeting . The Board reconvened their discussion on Resolution 2013 -20 . Mr. Kerness fells there is nothing wrong with the language of this resolution. Ms . Marino said again that the Board can not enforce this and has no meaning . Ms . Tyler said that the issue is to her that it comes down to retirement and being reimbursed for vacation at retirement time . Ms . Marino said that elected officials do not have vacation time and therefore not a meaningful thing . Mr. Kerness talked about performance review and controlling a full time elected officials pay . Ms . Tyler said that she would approve taking out the language about the time card but putting in something about submitting a journal every six months about vacation time etc . This resolution was tabled until the full Board is present. Ms . Marino wanted it in the record that she very strongly disagrees with the statement that elected officials should submit a time card with sick, vacation, and personal time off because she does not think it is enforceable or meaningful and it has the potential to commit the Town to an open-ended financial commitment that the Board has no way to enforce or evaluate . Mr. Kerness wished it to go on record that he strongly disagrees with the Supervisor' s position. Ms . Marino also said that at the end of this resolution there is a * with a statement that needs to taken out. Further review of this resolution will be put on the agenda for the Regular Town Board meeting of February 12 , 2013 . Resolution 2013 -21A was tabled at the organizational meeting because the Supervisor appoints the liaison appointments . Ms . Marino hereby makes the following appointments : Resolution 2013 -21A : BE IT RESOLVED that the Supervisor proposes the following Town Board liaison appointments and request that each appointee report to the Town Board at least annually : A . Highway Department Kevin Romer B . Trumansburg Village Board of Trustees Elizabeth Thomas C . Personnel David Kerness D . Health Insurance Consortium Board Lucia Tyler E. Planning Board and Board of Zoning Appeals David Kerness F . Fire Department Kevin Romer G. County and other Emergency Management Kevin Romer H . Town Court David Kerness I . Trumansburg Ulysses Youth Commission Lucia Tyler/Elizabeth Thomas Working Minutes 7 01/21/2013 Resolution 2013 -21B Ms . Marino would like to amend this resolution to appoint Duran VanDorn as the Recreation Partnership representative . Ms . Marino moved, seconded by Mr . Romer the following : BE IT RESOLVED that the Town Board of the Town of Ulysses amends resolution 2013 -21B of the Organizational meeting to appoint Duran VanDorn as the Recreation Partnership representative . Ms. Marino aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Timeline for the Proposed Establishment of an Ambulance District Ms . Marino said that Ms . Geldenhuys has reviewed the final contract for Fire/EMS and feels like the language could still be improved but does not feel that it is worth further negotiation with the Village attorney . Mr. Kerness still had questions . The contract was tabled and Ms Marino suggested that Mr. Kerness call Ms . Geldenhuys for a better clarification of the language . Mr. Romer said that he attended the last Village Board meeting and asked the Mayor and Village Trustees about the EMS service to the Town in lieu of having the contract finalized. The response that Mr. Romer got was that "of course it is until the Town figures it all out" . Ms . Marino would like the Board to develop language for a standing request to the Village Board for a detailed report to the Town of the EMS calls including the number of fire calls when an ambulance went in support as well as total ambulance calls . Mr. Romer said he could draft something and copy the Board and see where it goes . Ms . Marino said she would work with Mr. Romer and also TC Fire and Emergency Services and also Ms . Geldenhuys to make sure the request is worded accurately . Ambulance District Ms. Marino had previous emailed the Board on January 16 , 2013 with a time line to establish an ambulance district . The issue is that it would have to be formed before the 2014 preliminary assessment rolls comes out to be able to tax for the following year; this comes out up May 1st and Jay Franklin, Director of Assessment said he would need the information by April 23 "'. Ms . Marino pointed out the time table and feels that February 19, 2013 that would be the latest to publish the Map, Plan and Report and set a date for a public hearing to meet the deadline . Ms . Marino reviewed other steps in the procedure . Personnel Policy Ms . Tyler has received a proposal from Pay Chex ' s for revising the Town ' s Personnel Policy and explained the procedure and the cost. The Board discussed this proposal . Ms . Tyler will give the information to Mr. Kerness to look into and also ask Ms . Thomas for her involvement. This was tabled pending more information. Standards Specifications and Details for Water Facilities Hearing the new information from Mr. Boggs the Board felt that the previous resolution to adopt new wording for the Water Standards and Specifications should be rescinded and this issue considered further at a later time . Ms . Marino moved, seconded by Mr. Kerness the following : Working Minutes 8 01 /22/2013 BE IT RESOLVED that the Town Board of the Town of Ulysses rescinds the resolution passed earlier in the meeting to adopt amended wording for the Standards Specifications and Details for Water Facilities . Ms . Marino aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Project Assistant The Board discussed hiring a part-time project assistant to assist the Supervisor. Ms . Marino confirmed that there are funds in the budget to cover this position . Ms . Tyler moved seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the hiring of a part-time project assistant in the amount not to exceed $ 5000 for 2013 to be supervised by the Supervisor. Ms . Marino aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Hearing no further business Mr. Kerness moved, seconded by Ms . Tyler to adjourn the meeting . Unanimously approved and meeting adjourned at 9 : 24 p . m . Respectfully submitted . Marsha L . Georgia Ulysses Town Clerk .