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HomeMy WebLinkAbout2022-09-13-TB-FINAL-minutes1 TOWN BOARD MEETING Town of Ulysses September 13, 2022 The meeting was held in person at the Town Hall at 10 Elm St., Trumansburg NY as well as via Zoom videoconference. Notice of Town Board meetings are posted on the Town’s website and Clerk’s board. Video recordings of meetings are available on Youtube at https://www.youtube.com/channel/UCWVIs--g9CpHIxdk9YxZyPw. CALL TO ORDER: Ms. Olson called the meeting to order at 7:03pm. ATTENDANCE: TOWN OFFICIALS In person: Supervisor- Katelin Olson Board members- Michael Boggs, Roxanne Marino, Mary Bouchard Town Clerk- Carissa Parlato Attorney for the Town- Nathan VanWhy Via Zoom: Board member-Rich Goldman (with extraordinary circumstances) Budget Officer- Michelle E. Wright (excused at 7:52pm) Bookkeeper- Blixy Taetsczh (excused at 7:52pm) OTHERS: Via Zoom: Linda Liddle, Duane Shoen (left at 7:50pm), Anne Koreman APPROVAL OF AGENDA: Motion: Ms. Marino moved that the agenda for September 13, 2022 be approved with the amendment of the date on item 10b. This was seconded by Mr. Boggs and passed unanimously. PRESENTATION: Andy Zepp, Finger Lakes Land Trust Mr. Zepp introduced himself and gave some background on the organization: They aim to save land and protect water by partnering with other non-profits for management/stewardship. He further discussed easements, farmland protection, NYS Community Preservation Tax, and current work on HABs. PRESENTATION: Duane Shoen, Insero Mr. Shoen presented the recent audit of 2021, noting that there no serious concerns were found. PRIVILEGE OF THE FLOOR: (3 minute limit) 2 none LIAISON/CHAIR REPORTS Ms. Koreman shared the following: • Tompkins Community Fund grant application is open • Code admin study is advancing to see if efficiencies can be had/shared • Broadband study- public survey link to be released soon • Redistricting for county is in final stages • Sales tax- down for June but up overall for the year. • Budget season is here OLD BUSINESS: VIDEOCONFERENCING/REMOTE MEETING POLICIES Ms. Olson noted that Governor Hochul did not extend the emergency order authorizing remote meetings. Mr. VanWhy explained further, saying that NYS expects board members to be in public locations if they are attending remotely, unless there is an extraordinary circumstance. RESOLUTION #136 OF 2022: VIDEOCONFERENCING POLICY WHEREAS, the Town has the authority to meeting policies that conform to New York State videoconferencing and remote attendance legislation and the Open Meetings Law; and WHEREAS, the Town is committed to providing the public with accessible public meetings and provide reasonable flexibility to board and committee members to attend remotely when needed; NOW, THEREFORE, BE IT RESOLVED THAT the Town Board of the Town of Ulysses hereby approves the Videoconferencing Policy (see Appendix), to replace Section 4.5 of the Rules and Procedures for Meetings of the Town Board, and to otherwise apply to meetings of public bodies of the Town of Ulysses. Moved: Ms. Olson Seconded: Mr. Boggs Olson aye Boggs aye Bouchard aye Goldman not eligible to vote Marino abstain Vote: 3-0 Date Adopted: 9/13/22 COMPREHENSIVE PLAN PROCESS UPDATE 3 Ms. Marino shared suggestions for structure of the comprehensive plan committee, including: • Up to 9 voting members (to account for attrition) o 1 member from the Ulysses Planning Board o 1 member from the Ulysses Board of Zoning Appeals o 1 member from the Ulysses Conservation and Sustainability Advisory Council o 1 member from the local business community o 1 – 2 members from the Ulysses Ag community (1 member from Ag Committee if / when re-formed; seek breadth across agricultural interests and businesses o 2 - 3 community members with strong interest in participating through the project; seek to have breadth of representation of different areas of the town, for example: lakeshore / water districts / Village resident? / southern end of Ulysses toward Ithaca / other • Liaisons o 1 (or 2?) Town Board members o Village Comprehensive Plan / Zoning committee? o Other? She further suggested voting on the structure and committee charge at the next meeting. NEW BUSINESS: ACCEPTANCE OF 2021 AUDIT RESOLUTION #137 OF 2022: ACCEPTANCE OF 2021 AUDIT REPORT RESOLVED that the Ulysses Town Board accepts the 2021 audit report provided by Insero as presented. Moved: Ms. Bouchard Seconded: Mr. Boggs Olson aye Boggs aye Bouchard aye Goldman aye Marino aye Vote: 5-0 Date Adopted: 9/13/22 2023 SNOW AND ICE AGREEMENT WITH TOMPKINS COUNTY RESOLUTION #138 OF 2022: APPROVAL OF SNOW AND ICE CONTRACT WITH TOMPKINS COUNTY RESOLVED that the Ulysses Town Board approved the Snow and Ice Contract with Tompkins County for 2023 as presented. Moved: Mr. Goldman Seconded: Ms. Bouchard Olson aye Boggs aye Bouchard aye 4 Goldman aye Marino aye Vote: 5-0 Date Adopted: 9/13/22 OFFICIAL/STAFF REPORTS & ANNOUNCEMENTS (written reports provided in advance) Supervisor Olson noted the following: • We have begun a soft transition of emails from our new domain (@townofulyssesny.gov) in order to problem solve and make sure it all works well. • Re: EMS- discussion of a joint letter to the City of Ithaca to increase police dept. staffing as it has led to Trumansburg responding to crises in that area. • Youth Commission met and made recommendations for funding. • Talked with new watershed manager regarding ditching. Ms. Marino shared information on the following: • Ditching projects • Working on getting water committee started • CSAC met and set up a regular monthly meeting UPCOMING EVENTS September 13, 15, 20, 22 – Budget line-by-line meetings (9am-12pm) September 22 – Regular meeting October 10 – Town facilities closed for Indigenous Peoples’ Day/Columbus Day October 11 – Regular meeting APPROVAL OF MINUTES: RESOLUTION #139 OF 2022: APPROVAL OF MINUTES RESOLVED, that the Ulysses Town Board approve the meeting minutes from August 23, 2022 (special meeting, regular meeting and public hearing) with suggested amendments. Moved: Ms. Olson Seconded: Mr. Boggs Olson aye Boggs aye Bouchard aye Goldman aye Marino aye Vote: 5-0 Date Adopted: 9/13/22 BUDGET MODIFICATIONS RESOLUTION #140 OF 2022: BUDGET MODIFICATIONS RESOLVED, that the Ulysses Town Board approve the following budget modifications: 5 6 Moved: Mr. Goldman Seconded: Ms. Olson Olson aye Boggs aye Bouchard aye Goldman aye Marino aye Vote: 5-0 Date Adopted: 9/13/22 PAYMENT OF AUDITED CLAIMS: RESOLUTION #141 OF 2022: PAYMENT OF AUDITED CLAIMS RESOLVED that the Ulysses Town Board has reviewed and approves payment of claims for vouchers numbered 381 through 432 in the amount of $168,859.81. Moved: Ms. Olson Seconded: Ms. Bouchard Olson aye Boggs aye Bouchard aye Goldman aye Marino aye Vote: 5-0 7 Date Adopted: 9/13/22 PRIVILEGE OF THE FLOOR (3 min limit per person) none EXECUTIVE SESSION: Ms. Olson moved to go into Executive Session for the purpose of collective bargaining and potential litigation. ADJOURN Mr. Goldman made a motion to adjourn at 9:48pm. This was seconded by Ms. Bouchard and passed unanimously. Respectfully submitted by Carissa Parlato, Town Clerk 9/23/22 8 APPENDIX: VIDEOCONFERENCING POLICY OF THE TOWN OF ULYSSES (to replace Section 4.5 of the Rules and Procedures for Meetings of the Town Board, and to otherwise apply to meetings of public bodies of the Town of Ulysses) A. Purpose To establish guidelines and requirements for the use of videoconferencing technology to participate in the meetings held by Town public bodies, as defined in Public Officers Law §102, and in conjunction with Town of Ulysses Local Law 2 of 2022. B. Background New York State suspended certain requirements of the Open Meetings Law to permit public bodies to meet and conduct business via videoconferencing platforms and to prohibit in-person attendance during the 2020-2022 COVID Pandemic/State of Emergency. In April of 2022, Gov. Hochul signed Chapter 56 of the Laws of 2022, which added Public Officers Law § 103-a allowing a municipality's public bodies to have the option of continuing to use videoconferencing under certain circumstances if the board of that public body adopts a local law authorizing the participation by videoconference, as well as written policies establishing guidelines and conditions for attendance of members at public meetings by videoconference. C. Definitions Extraordinary Circumstances - events or factors that would preclude a member's physical attendance at the meeting, e.g.: disability, illness or significant health concerns requiring precautionary actions, caregiving responsibilities, other significant or unexpected factors or events, and events when a member is out of town for a short duration. Meeting - The official convening of a Public Body for the purpose of conducting public business, including the use of videoconferencing for attendance and participation by the members of the Public Body. Open Meetings Law (OML) - Public Officers Law, Article 7 Public Body - All boards of the Town that meet the definition of "Public Body" in Public Officers Law, § 102. Town of Ulysses advisory committees are not public bodies as they do not have authority to take official actions. Quorum - a majority of the full membership of the public body, regardless of vacancies or disqualifications to act. D. Policy 1. Members of Public Bodies are permitted to attend and participate using videoconferencing from a remote location that is not open to in -person physical attendance by the public if (a) a Quorum of the Public Body is present, in person, in one or more advertised location(s) where the public may attend, and (b) they are experiencing Extraordinary Circumstances. A member participating pursuant to this section may not be counted toward Quorum, but may participate and vote if there is a Quorum 9 of members at the physical location(s) open to the public. 2. Members of Public Bodies are permitted to attend and participate using videoconferencing from remote locations in all other circumstances if those locations are open to in-person physical attendance by the public. A member participating pursuant to this section may be counted toward a Quorum. 3. Requirements applicable to all meetings where videoconferencing is used: a. Public notice of the meeting shall include the physical location(s) where the public can attend and/or participate in person, the fact that videoconferencing will be used, where the public can view and/or participate in-person or through videoconferencing, and where any required documents or materials associated with the meeting are posted or available. Such public notice shall, in addition to other requirements of state law, be posted on the Town’s website. b. All members of the Public Body must use video capabilities permitting the public to see, hear and identify them throughout those portions of the meeting that the Open Meetings Law requires to be held in open session, with limited allowance for customary temporary absences from a meeting for personal reasons. c. Where public comment or participation is authorized, the public must be allowed to participate by videoconference in real time in a manner that affords the same public participation or testimony as in-person participation or testimony. d. The minutes of all meetings must indicate who participated from each location and/or pursuant to Extraordinary Circumstances. e. Each meeting shall be recorded and such recording must be posted or linked on the Town website within five (5) business days of the meeting and such recording must remain posted or linked for no less than five (5) years. 4. Additional requirements. a. Non-public committees and bodies that are not required to have public meetings under the OML, such as advisory committees, may participate in meetings by videoconferencing or by any lawful means, and need not follow this policy. However, it is recommended that this policy guide such advisory or non-covered bodies and that, at a minimum, they adopt internal policies and procedures to assure fairness, openness, and public engagement. b. Public Bodies and agencies need not follow these rules for non-public meetings and hearings, such as for training sessions. c. This Videoconferencing Policy must be posted on the Town website. E. State of Emergency As provided for in the New York State legislation described in Section B, if a local state of emergency is declared or a NYS disaster emergency declaration is made, all public bodies may meet completely virtually without the need for a quorum in one or more location(s) at which the public may attend, if the Town Board determines that the circumstances necessitating the state of emergency or disaster emergency declaration would affect or impair the ability of the Town 's public bodies to hold an in- person meeting. If the Town Board makes such a determination, all requirements of this Policy, except the in-person member participation requirement, must continue to be met while the state of emergency or disaster emergency declaration remains in effect. 10 F. Amendments This Policy may be amended from time-to-time by the Town Board by resolution. In the event any change in law, or change in the interpretation or application of law, is or becomes inconsistent with this policy, the proper application of law shall supersede the terms and requirements herein, and the Town Board shall forthwith amend this policy to bring it into congruence or alignment with current law. G. Effective and Termination Dates This Policy shall take effect upon its adoption by the Town Board, and shall automatically terminate if the New York State legislation described in Section B expires.