HomeMy WebLinkAbout2016-02-23-TB-FINAL-minutesREGULAR TOWN BOARD MEETING
Town of Ulysses
February 23, 2016
Audio of the minutes are available on the website at ulysses.ny.us.
The meeting was held at the Ulysses Town Hall at 10 Elm Street, Trumansburg.
PRESENT:
Supervisor - Liz Thomas
1St Deputy Supervisor - Nancy Zahler
Board members - John Hertzler, Michael Boggs
Deputy Clerk - Sarah Koski
Interim Highway Superintendent - Dave Reynolds
ABSENT:
2nd Deputy Supervisor - Michelle Wright
Planner/Zoning Officer - Darby Kiley
Board Member - Rich Goldman
OTHERS PRESENT: Philip Antweiler, Jacksonville Community Association
Notice of Town Board meetings are posted on the town's website and clerk's board.
CALL TO ORDER:
Ms. Thomas called the meeting to order at 7:00 p.m.
GENERAL BUSINESS:
APPROVAL OF MEETING AGENDA
RESOLUTION 2016-59:
BE IT RESOLVED that the Ulysses Town Board approve the agenda for the February 23, 2016
Moved: Mr. Hertzler Seconded: Mr. Boggs
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 2/23/16
PRIVILEGE OF THE FLOOR:
Mr. Philip Antweiler, 1836 Trumansburg Road, is in the process of scheduling the next Jacksonville
community meeting on Thursday April 7th. He invited the Town supervisor, deputy supervisor and any
board members who might be interested in attending.
GENERAL UPDATES:
Mr. Boggs attended the firehouse expansion meeting on February 11th. He distributed copies of the
floorplan and site plan (created by MRB Group, architects and engineers) of the proposed expansion,
which he obtained at the meeting. Expansion cost would be about $840,000 but could end up costing
over one million dollars. Ms. Thomas said that the Town will be paying —48% of the total cost. Each
municipality involved will be paying a percentage of the total cost based on a three-year historic
average of the amount of fire services they use. MRB will move ahead to the next step of the planning
process. Mr. Boggs will continue to attend meetings and keep the town apprised.
Ms. Thomas announced that the Town is again working on the Town's Emergency Management Plan.
Ms. Wright will be calling a meeting soon to go over the plan with the Board and Town staff. The
Comprehensive Plan Review is scheduled for April 19th. Steve Estes from Tompkins County
Personnel will meet with the Board (date to be determined) to go over the differences between term
REGULAR TOWN BOARD
February 23, 2016
appointed officials and civil service appointed officials. The Zoning Update public meeting will be this
upcoming Saturday at 9:30am-12:30pm at the Fire Hall, with a light breakfast served at 8:30am. The
Agricultural Committee interviews will be coming up and will include Brian Henehan, John Wertis
and Ms. Thomas, and Ms. Thomas invited all Board members who are interested in attending. Ms.
Zahler expressed her interest to be present during the interviews.
Ms. Zahler attended the planning board meeting as Mr. Goldman, the regular planning board liaison,
was away. There was a public hearing on the ScienceCenter Solar Project on Agard Road. The
planning board moved to approve the project. Ms. Zahler thought that Renovus was successful in
reaching out to residents whose properties border the project site. Residents requested that fast growing
evergreen trees be planted to help screen the solar arrays and Renovus is willing to plant these trees.
This is the first large scale solar installation project that passed after the Town Board enacted Local
Law #3 of 2015 that allowed for these types of solar installations and Ms. Zahler was impressed with
the way the Planning Board handled the entire process.
Ms. Zahler also noted that when the Village holds its pre -construction meeting about the second water
source coming up Falls Road, board members will want to attend, and in turn inform Town residents
who will be affected.
Ms. Thomas suggested that the board move a resolution to purchase highway equipment up in the
agenda so that Mr. Reynolds would not have to stay for the entire meeting.
NEW BUSINESS:
AUTHORIZATION TO SIGN LETTER OF INTENT TO PURCHASE HIGHWAY
EQUIPMENT
Mr. Reynolds said that although the bid for a new truck was well advertised, only one bid was
received. Ms. Zahler asked what the purpose of the truck would be. Mr. Reynolds said that the truck
would be an all -season salt spreader, sand spreader, and could also be used to haul gravel. To purchase
a new plow for the truck would be $5000, but unnecessary because the old snow plow can be bolted
onto the new truck. Ms. Zahler asked what the expected life span for this truck would be. Mr. Reynolds
replied that he would estimate at least 5 years of useful life, but with upkeep that could be much
longer. Ms. Thomas pointed out that this truck would be replacing a 1989 truck, so it's possible that
this truck could last the Highway Department a long time with proper maintenance.
Ms. Thomas mentioned that the Highway Department has been auctioning surplus Highway equipment
and closing bids came in last night. The auctions brought in just over $37,000 in revenue that can
used towards the purchase of this new truck.
RESOLUTION 2016-60:
RESOLVED that the Town Board of the Town of Ulysses authorizes the Town Supervisor to sign a
letter of intent to purchase a 2003 Volvo VHD as recommended by Acting Ulysses Highway
Superintendent Dave Reynolds for the price quoted on 2/23/16 of $105,000 by Burr Truck & Trailer
Sales, Inc.
Moved: Mr. Boggs Seconded: Ms. Zahler
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 2/23/16
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February 23, 2016
Ms. Zahler asked if the $37,000 made from the auction sales of surplus would remain in the
DA fund for highway equipment and Ms. Thomas and Mr. Reynolds said that it would.
Ms. Zahler also wanted to thank Mr. Reynolds for working to restore a historical marker that
had been removed in Jacksonville (the old Cooper Inn). The marker had been taken down and
Mr. Reynolds found the marker at the DOT and the Highway crew is in the process of
repainting the sign and will re -install the sign when it is ready.
OLD BUSINESS:
INTRODUCE LOCAL LAW PROVIDING FOR THE ABOLITION OF THE ELECTED
POSITION OF TOWN CLERK AND CREATION OF THE APPOINTED POSITION OF
TOWN CLERK OF THE TOWN OF ULYSSES
RESOLUTION 2016-61:
BE IT RESOLVED that the Town Board of the Town of Ulysses sets a Public Information
Meeting and Public Hearing on Local Law #1 of 2016 Providing for the Abolition of the
Elected Position of Town Clerk and Creation of the Appointed Position of Town Clerk of the
Town of Ulysses for Tuesday, March 8, 2016 at 6:30pm and further,
RESOLVED that the Town Clerk place notice of the Public Hearing and Public Information
meeting in the newspaper and on the website.
PROPOSED LOCAL LAW NO. 1-2016
TOWN OF ULYSSES, NEW YORK
LOCAL LAW NO.1 OF THE YEAR 2016 A LOCAL LAW PROVIDING FOR THE
ABOLITION OF THE ELECTED POSITION OF TOWN CLERK AND CREATION OF
THE APPOINTED POSITION OF TOWN CLERK OF THE TOWN OF ULYSSES
Be it enacted by the Town Board of the Town of Ulysses as follows:
SECTION 1. This local law is enacted pursuant to Municipal Home Rule Law §§ 10, 22 and 23.
This local law shall supersede any provisions of the Town Law of the State of New York to the
contrary, including, but not limited to, Town Law §20 with respect to the method of selection
of the Town Clerk in the Town of Ulysses, and any other provision of the Town Law providing
for or referring to the creation of the elected position of Town Clerk.
SECTION 2. The elected position of the Town Clerk in the Town of Ulysses, New York is
hereby abolished, effective January 1, 2019, following the expiration of the current elective
term of office of the Town Clerk on December 31, 2018. The appointed position of Town Clerk
of the Town of Ulysses, New York is hereby created, effective January 1, 2019.
SECTION 3. Commencing January 1, 2019, the Town Clerk of the Town of Ulysses shall be
the person appointed by the Town Board of the Town of Ulysses.
SECTION 4. The appointed Town Clerk shall have such powers and shall perform such duties
as are or hereafter may be conferred or imposed by law, and such further duties as the Town
Board determines, consistent with applicable law.
SECTION 5. This local law shall be subject to a mandatory referendum pursuant to the
provisions of §23 of the Municipal Home Rule Law at a special election on May 24, 2016.
SECTION 6. This local law shall supersede or repeal any prior inconsistent Local Law.
SECTION 7. The provisions of this local law are severable. If any court of competent
jurisdiction decides that any section, clause, sentence, part or provision of this local law is
illegal, invalid, or unconstitutional, such decision shall not affect, impair, or invalidate any of
the remaining sections clauses, sentences, parts, or provisions of the Local Law.
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REGULAR TOWN BOARD
February 23, 2016
SECTION 8. This local law shall take effect upon the affirmative vote of a majority of the
qualified electors voting thereon at such special election on May 24, 2016, and the filing with
the Secretary of State in accordance with the applicable provisions of law.
Moved: Ms. Thomas Seconded: Mr. Boggs
Discussion: Ms. Zahler asked if the Public Hearing had to be on March 8th to give enough time
before the referendum vote on May 24th. Ms. Thomas answered yes; there is a minimum 60
day waiting period between when the local law is adopted and when the referendum vote is
held. Ms. Thomas said that the board should allow enough time for the public hearing and
suggested starting the hearing at 6:30pm. Ms. Zahler hopes to meet with Steve Estes from
Tompkins County Personnel Department before the public hearing so that the Board can be
fully prepared to answer questions about the different types of appointments (term appointment
versus civil service).
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 2/23/16
INTRODUCE LOCAL LAW PROVIDING FOR THE ABOLITION OF THE ELECTED
POSITION OF TOWN HIGHWAY SUPERINTENDENT AND CREATION OF THE
APPOINTED POSITION OF HIGHWAY SUPERINTENDENT OF THE TOWN OF ULYSSES
RESOLUTION 2016-62:
BE IT RESOLVED that the Town Board of the Town of Ulysses sets a Public Information
Meeting and Public Hearing on Local Law #2 of 2016 Providing for the Abolition of the
Elected Position of Town Highway Superintendent and Creation of the Appointed Position of
Town Highway Superintendent of the Town of Ulysses for Tuesday, March 8, 2016 at 6:30pm
and further,
RESOLVED that the Town Clerk place notice of the Public Hearing and Public Information
meeting in the newspaper and on the website.
PROPOSED LOCAL LAW NO. 2-2016
A LOCAL LAW PROVIDING FOR THE ABOLITION OF THE ELECTED POSITION OF
HIGHWAY SUPERINTENDENT AND THE CREATION OF THE APPOINTED POSITION
OF HIGHWAY SUPERINTENDENT OF THE TOWN OF ULYSSES Be it enacted by the
Town Board of the Town of Ulysses as follows:
SECTION 1. This local law is enacted pursuant to Municipal Home Rule Law §§ 10, 22 and 23.
This local law shall supersede any provisions of the Town Law of the State of New York to the
contrary, including, but not limited to, Town Law §20 with respect to the method of selection
of the Highway Superintendent in the Town of Ulysses, and any other provision of the Town
Law or the Highway Law providing for or referring to the creation of the elected position of
Highway Superintendent.
SECTION 2. The elected position of the Highway Superintendent in the Town of Ulysses, New
York is hereby abolished, effective July 1, 2016. The appointed position of Highway
Superintendent in the Town of Ulysses, New York is hereby created, effective July 1, 2016.
SECTION 3. Commencing July 1, 2016, the Highway Superintendent of the Town of Ulysses
shall be the person appointed by the Town Board of the Town of Ulysses.
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REGULAR TOWN BOARD
February 23, 2016
SECTION 4. The appointed Highway Superintendent shall have such powers and shall perform
such duties as are or hereafter may be conferred or imposed by law, and such further duties as
the Town Board determines, consistent with applicable law.
SECTION 5. This local law shall be subject to a mandatory referendum pursuant to the
provisions of §23 of the Municipal Home Rule Law at a special election to be held on May 24,
2016.
SECTION 6. This local law shall supersede or repeal any prior inconsistent Local Law.
SECTION 7. The provisions of this local law are severable. If any court of competent
jurisdiction decides that any section, clause, sentence, part or provision of this local law is
illegal, invalid, or unconstitutional, such decision shall not affect, impair, or invalidate any of
the remaining sections clauses, sentences, parts, or provisions of the Local Law.
SECTION 8. This local law shall take effect after the affirmative vote of a majority of the
qualified electors voting thereon at such special election on May 24, 2016, and the filing with
the Secretary of State in accordance with the applicable provisions of law, on July 1, 2016.
Moved: Ms. Thomas Seconded: Ms. Zahler
Discussion: Ms. Zahler wants to make sure that the public will be well informed of the Public
Hearing and Public Information meeting. She suggested that in addition the newspaper and
website notice, the Town issue a press release or purchase an ad in the newspaper. Ms. Thomas
noted that the last Town newsletter included an article about these elected versus appointed
positions. Ms. Thomas clarified that the Town Information part of the meeting is when the laws
will be read and described and the public can ask questions and the board will answer. The
public hearing portion of the meeting will be when the public can make comments on record
that the board will take into consideration when voting on the proposed laws.
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 2/23/16
Mr. Reynolds was excused at this time.
Mr. Hertzler asked at what time the May 24th referendum vote would be held. Ms. Thomas said
polling would open at noon, and would take place at the normal polling places. Ms. Zahler
asked the cost of the referendum vote and Ms. Thomas said that Mr. Dewitt, from the
Tompkins County Board of Elections was working on an estimate based on polling hours and
number of polling places. Mr. Hertzler wanted to make sure that the public has sufficient
advance notice of the referendum vote. Ms. Thomas said there will be ample notice via various
avenues such as the email listsery and the town website, as well as a press release in the
newspaper.
NEW BUSINESS:
APPOINTMENT OF PLANNING BOARD MEMBERS
RESOLUTION 2016-63:
WHEREAS Pete Angie has resigned from the Planning Board leaving a vacancy, and
WHEREAS David Tyler is serving as an alternate member of the Planning Board and willing
to fill the unexpired term of Pete Angie. Now therefore be it
REGULAR TOWN BOARD
February 23, 2016
RESOLVED that the Ulysses Town Board appoints David Tyler to the Planning Board to fill
out the term of Pete Angie, expiring 12/31/2020 and further,
RESOLVED that Sara Worden be appointed as the Planning Board Alternate with an annual
appointment ending 12/31/2016, and further
RESOLVED that the Town Clerk will notify the new members and arrange for them to take the
oath of office.
Moved: Ms. Zahler Seconded: Ms. Thomas
Mr. Boggs asked if Mr. Tyler was a regular with the planning board and Ms. Thomas said that
he had a long history with the planning board and was returning after a break.
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 2/23/16
AMENDING THE FEE SCHEDULE FOR 2016
Ms. Thomas stated that new Town Code Enforcer, Tom Myers, suggested some changes to the
building permit fees. Some pools are quite expensive to build and some are not, and he suggested tying
the permit fees to the cost of the pools instead of a flat rate. Also, while existing Local Law #2 of 2015
mentioned a fee for renewing an expired building permit, no such fee had been determined. Mr. Myers
suggests the fee to be half of the original building permit fee.
RESOLUTION 2016-64:
WHEREAS Local Law #2 of 2015, Chapter 80, Section 4 states the following:
Building permits shall become invalid unless the authorized work is commenced within
six months following the date of issuance. Building permits shall expire 12 months after
the date of issuance. A building permit which has become invalid or which has expired
pursuant to this subdivision may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by the
Code Enforcement Officer.
WHEREAS a fee for such building permit is absent from the 2016 fee schedule, and
WHEREAS the Building Code Inspector has recommended changes to the 2016 fee schedule,
therefore be it
RESOLVED that the Town Board of the Town of Ulysses amend the fee schedule to include
both a fee for an expiring building permit and also to amend the fee for swimming pools as
follows:
OPERATING PERMITS
Operating Permit
$75.00
Reference
LL 2 of 2015
Fireworks display
$150.00
Res. 8/18/10
Special Event Operating Permit
$50.00
LL 1 of 2010
BUILDING PERMITS
fee
Reference
1 & 2 Family Residences:
$.30/sq ft
LL 2 of 2015
dwelling/Multi-residential
$225 + $3/K
Res. 2007-36
-Multiple
Commercial bldgs., bridges, tanks, and
towers
$425 + $4/K
Res. 2007-36
Alterations, renovations, additions, pools
$75 + 3/K
LL 2 of 2015
Accessory Building
$55 + $3/K
Res. 2007-36
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REGULAR TOWN BOARD
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Building Permit Renewal
Half the previous building
permit fee ($75 minimum
fee)
LL 1 of 2007
Solar, wind or alt. energy permit-
RESIDENTIAL
$75.00
LL 3 of 2015
Solar, wind or alt. energy permit-
COMMERCIAL
$75 + 3/K
LL 3 of 2015
Pool, in gr-e—d
0
LL 241-
Pool, above gfetmd
$55-.-00
LL z'41-5
Sign permit
$50.00
LL 2 of 2015
Woodstove or heating unit
$50.00
LL 2 of 2015
Demolition
$2/K ($65 min)
Res. 2007-36
Moved: Ms. Thomas
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 2/23/16
Seconded: Ms. Zahler
Mr. Boggs asked if posters placed on telephone poles were subject to a sign permit but Ms. Thomas
said they were not.
Ms. Thomas suggested moving the resolution regarding the Jacksonville properties up in the agenda so
that Mr. Antweiler would not have to stay for the entire meeting.
AUTHORIZATION TO SIGN AGREEMENT WITH EXXONMOBIL OIL CORPORATION
FOR TOWN ACCESS TO JACKSONVILLE PROPERTIES
RESOLUTION 2016-65:
WHEREAS, the Town of Ulysses is in discussion with the ExxonMobil Oil Corporation
(EMOC) regarding the status of properties in Jacksonville and Whereas, any consideration of
possible conveyance of EMOC properties to the Town of Ulysses requires access to the
properties for a Phase I Environmental Assessment and an evaluation of the structure to
determine the extent of damage and estimated costs for stabilization and restoration, and
WHEREAS, EMOC is willing provide access to the sites under the conditions outlined in the
attached Site Access Agreement and
WHEREAS, the Town of Ulysses wishes to enter into this agreement, now therefore, be it
RESOLVED, that the Supervisor be and hereby is authorized to sign the Site Access
Agreement, as revised to address Town concerns, on behalf of the Town of Ulysses.
Moved: Ms. Thomas
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 2/23/16
Seconded: Ms. Zahler
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February 23, 2016
Mr. Antweiler left the meeting at this time.
SUPPORT OF THE LIVING WAGE AS THE MINIMUM WAGE ACROSS NEW YORK
STATE
RESOLUTION 2016-66:
WHEREAS, it is one of our most cherished values that there is dignity in work; and
WHEREAS, raising incomes is critical to providing economic mobility and opportunity for
working families; and
WHEREAS, the growth in income inequality in recent years has created serious divisions within
our society and community; and
WHEREAS, New York State is becoming increasingly two states with a portion of the
population thriving while many more face low wages, growing inequality, erosion of middle-
class jobs, staggering housing costs, and the institutionalization of a low-wage service economy;
and
WHEREAS, the Alternatives Federal Credit Union cites a living wage in Tompkins County to be
$13.77/hour for workers with health insurance, and $14.34/hour for workers without health
insurance
WHEREAS, a higher minimum wage across the state would increase spending on locally
produced goods and services by workers benefiting from such increased wages, which, in turn
would produce greater demand and help stimulate the local economy; and
WHEREAS, a higher minimum wage would reduce the cost of providing social services in
Tompkins County; and
WHEREAS, we as a community and we as a country can no longer accept wages that leave some
without hope of rising up and unable to support themselves nor their families; now, therefore be
it
RESOLVED, That the Town of Ulysses requests that the New York State Legislature pass a
minimum -wage law establishing $14.34/hour as the minimum wage; phasing the new minimum
wage in over a four year period; and indexing it to the New York State median wage thereafter;
and, be it further
RESOLVED, That New York State consider a training wage exemption for younger teens not
responsible for supporting themselves or their family; and, be it further
RESOLVED, That New York State index funding support for public and non-profit services to
the increases in the minimum wage to assure that local programs not be forced to reduce needed
services to pay the minimum wage that workers deserve; and further,
RESOLVED, That a copy of this resolution be forwarded to the Tompkins County Legislature,
the Tompkins County Council of Governments, New York State Assemblywoman Barbara
Lifton, New York State Senator Thomas O'Mara, and New York Governor Andrew Cuomo.
Moved: Ms. Thomas Seconded: Mr. Hertzler
Discussion: Ms. Thomas said that neighboring townships have passed similar resolutions. Mr. Boggs
said that this seems like a state issue and not a local issue, and that he was uncomfortable
recommending a minimum wage without having talked to local business owners beforehand. Ms.
Thomas said that in the past, the Town Board has passed resolutions to send a message to the state,
such as with banning hydro-fracking.
Ms. Thomas aye
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February 23, 2016
Ms. Zahler abstention
Mr. Hertzler no
Mr. Boggs no
Mr. Goldman absent
Vote: 1-2
Motion failed.
PRIVILEGE OF THE FLOOR:
(no comments spoken nor submitted)
The board decided to set a time for Steve Estes to meet with the board to explain the difference
between term appointed positions and civil service appointed positions.
Ms. Thomas will contact Mr. Estes with the following three proposed meeting dates:
February 29th at 4pm
March 1St at 4pm
March 2nd at 4pm
ADJOURN:
Ms. Zahler moved to adjourn the meeting at 8:37pm, seconded by Mr. Hertzler and passed
unanimously.
Respectfully submitted by Sarah Koski on 2/25/16.
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