Finding Ulysses

VILLAGE OF TRUMANSBURG
REGULAR BOARD MEETING
12/12/2005

APPROVED 1/9/06

BOARD MEMBERS PRESENT: Mayor John Levine, Trustees Mary Bouchard, John Hrubos, and David Filiberto. Trustee Rose Hilbert was excused.
CITIZENS & OFFICERS PRESENT: DPW Supervisor Bruce Vann, Code Enforcement Officer Doug Austic, Zoning Officer Deanna Kline, MSP Assistant Susan Henninger, Police Chief Tom Ferretti, Bob Brown, Rich Hayward, and Steve Ferrari of the Trumansburg Free Press.
RECORDING MINUTES: Clerk Treasurer Carolyn Bennett and Deputy Treasurer Tammy Morse.
The Regular Board Meeting was held in the Main Meeting Room of the Village Hall at 56 East Main Street in Trumansburg, New York.

Mayor Levine called the Meeting to order at 7:07 pm.

Item No. 1 – REPORTS FROM DEPARTMENT HEADS
DPW/Water Sewer – DPW Supervisor Bruce Vann
In addition to routine duties, DPW Supervisor Vann reported the DPW spent a great deal of time picking up leaves and addressing other seasonal chores including gathering and storing garbage cans and benches along Main Street. The DPW also installed new lighting in the Village Office. Clerk Treasurer Bennett noted the lights are much better and brighter.

In the Water Department, Vann reported conducting routine monitoring and maintenance duties and installed one new service on Washington Street. Vann reported he also met with the Construction Manager for the Big M’s addition project with regards to planning out the water service for the addition. The Water Tank Project continues to progress. The electrical work was completed very satisfactorily and Hunt’s will be conducting the final inspection of the work in the near future. As far as demolition of the old water tank, Vann reported he spoke to Statewide Aquastore last week and they hope to come check on the status of the ground with hopes to return by the first of the year. Vann noted that he offered to keep the ground clear to facilitate freezing. On a very good note, Cingular Wireless has decided to leave its utility shelter and the Village may do with it what we will. Vann noted he and Engineer Jimmie Joe Carl agree the shelter is probably too big to use at the Frontenac well site, but it might come in handy to house the valves and pumps associated with the anticipated interconnection with the Ulysses water system.

In the Sewer Department, Vann reported the DEC has authorized land application of pressed sludge from the Sewer Plant, so the sludge press can be started up as soon as final

site work is completed. Mayor Levine requested the cellular antennas from the old tank, when it is demolished. Vann stated he will have to discuss this with the demolition contractor as he is not sure what they plan to do with the antennas.

Vann stated he also wants to discuss a parking/snow removal/safety hazard issue at the intersection of Old Main and Washington Streets. Customers of Heads Up and the other business at this location have been parking on the opposite side of Old Main blocking the view of the stop sign and also parking in a spot where the shoulder is not adequate to allow cars to pull fully off the street. Mayor Levine suggested telling the owner of the Ladies Workout Express to have her customers park elsewhere. The Board, Police Chief Ferretti and DPW Supervisor Vann discussed. DPW Commissioner Hrubos suggested the DPW erect “no parking here to corner” signs on the downhill side of Old Main Street between Bradley and Washington Streets and also encourage parking only on the uphill side.

Police Department – Police Chief Tom Ferretti
Police Chief Tom Ferretti reported he has submitted a reimbursement request for Buckle-Up-New York. It appears the Village will receive about $2,600.

Officers Peter Walker and David Correa have submitted letters of resignation.

Car-Deer accidents remain quite prevalent. The Police Department has received a few inquiries about bow-hunting in the Village. The Village Ordinance forbids use of firearms, which according to Webster’s Dictionary include bows and arrows. Chief Ferretti stated while he would like to be rid of some of the deer in the Village he would not be comfortable allowing bow-hunting because arrows can fly long distances.

A couple groups of teens have come in for information on a variety of topics including safe driving and alcohol awareness. Chief Ferretti noted one of the Department’s learning tools is a pair of glasses that simulates one’s vision in various stages of intoxication, and invited anyone who is interested to come by and try them on.

Trustee Hrubos asked Chief Ferretti if a major ongoing investigation he reported on a couple of months ago has concluded. Ferretti answered no, it’s still ongoing.

Fire Department
Mayor Levine noted a report submitted by Fire Chief Jason Fulton.

Zoning Office – Zoning Officer Deanna Kline
Zoning Officer Kline reported a fairly quiet month, with just nine calls. The B.Z.A. heard two area variance requests, both of which were approved. Unfortunately, the Planning Board Member who had agreed to bring a draft Site Plan Review Law to the meeting was sick, so that work was postponed until Thursday. Mayor Levine asked if a draft will be available by January. Kline answered she is not sure. Trustee Hrubos asked her to distribute copies to the Board once the draft has been prepared.

Code Enforcement Office – Code Enforcement Officer Doug Austic
Code Enforcement Officer Doug Austic reported issuing one building permit, for a new duplex, with a total estimated construction cost of $185,000 and for which he collected $325 in fees.

Clerk Treasurer’s Office – Clerk Treasurer Carolyn Bennett
Clerk Treasurer Carolyn Bennett reported the Clerk Treasurer’s Office collected a total of $87,747.27. Most of this, a total of $71,000, was the third quarter sales tax and the bi-annual mortgage tax disbursement $5,567.20.

Bennett reported she has gathered a great deal of information about Health Insurance after receiving notice of a large rate increase, and stated she would like to look into another plan that was identified by Trustee Hrubos. After brief discussion, Trustee Hrubos offered to forward information about his company’s new plan to Bennett.

Bennett also reported the Pitney Bowes representative stopped by and the lease on the current postage meter is nearly up. For about $16 more per month, we can lease a newer model that will be easier to maintain and which includes an integrated weighing option. Bennett requested permission to lease the upgraded machine. Deputy Treasurer Tammy Morse added that the upgrade is likely to be required in the near future and that the integrated scale will allow packages up to ten pounds to be weighed in-house, whereas the current scale only accomodates packages weighing up to two pounds.

Bennett also reported Ameripride’s representative came in and advised the Office that the monthly charges for Ameripride’s carpet services will more or less double as of January 1st. Bennett stated she would like to look into alternative providers.

Deputy Treasurer Morse is preparing for the changeover to Paychex and will distribute packets of direct deposit forms and withholding forms with this week’s payroll.

Bennett concluded by reporting she will be away on vacation in early January and will therefore not have reports ready in time for the next Board Meeting and that Deputy Clerk Karin Lanning will be having hand surgery on December 16th and hopes to be back by the 28th.

Item No. 2 – REPORTS FROM COMMISSIONERS
Youth Commissioner Mary Bouchard
Commissioner Bouchard reported the Youth Commission met last week. One thing that was discussed is the fact that the County has proposed a budget for the Youth Commission and she would like to approve the budget now. Apparently, in the past the Village Board has not approved its portion of the Budget in advance of April, when our regular budget is approved, however, the County begins spending this money in January and they have always believed that the budget is approved. Bouchard stated she thinks it might be a good thing to formally approve the budget and noted it’s not a huge amount of money. Bouchard also noted there is some confusion about how it works because there’s a chunk of money, about $20,000, that the Village pays in, but we get about $17,000 back. Clerk Treasurer Bennett stated the County only pays perhaps $380. Doug Austic stated the Village doesn’t pay it’s share out in cash, either, but by paying for the Summer Recreation Program at a cost of about $17,000. Bouchard stated we pay out approximately $53,000 and get about $38,000 back, for a difference of about $17,000. Bouchard distributed copies of the proposed Youth Commission budget and requested a resolution approving it as proposed. Brief discussion ensued. A MOTION by Trustee Bouchard to authorize the expenditure of $20,649 for youth services, as proposed in a budget worksheet prepared by Karen Coleman of the Tompkins County Youth Board on September 8, 2005.
Unanimously Approved

Commissioner Bouchard also distributed an annual Evaluation Report prepared by Linda Schoffel, the Coordinator of Tompkins County Rural Youth Services. R.Y.S. provides a variety of youth services in the schools. Bouchard discussed a couple of the programs offered through R.Y.S., including the FOCUS program. The students in the FOCUS Program were responsible for deciding how to allocate United Way funding. There will be a grant award celebration on January 24th at the Presbyterian Church to officially acknowledge and celebrate the receipt of this money.

Police Commissioner David Filiberto
Commissioner Filiberto noted at the last monthly meeting he introduced a new business item of revising the sorely outdated noise ordinance. He has since researched sample noise ordinances in New York State and found there are two basic types. One type leaves enforcement up to the discretion of the responding Officer and the other sets decibel-level noise limits. This would necessitate purchasing a decibel meter at an estimated cost of $540 for a full kit. Discussion ensued between Police Chief Ferretti and the Board. Trustee Hrubos asked if such an ordinance would be enforced by responding to complaints or by patrolling for violations. Trustee Filiberto stated Police Officers would probably be dispatched in response to complaints. Trustee Hrubos asked if the Police Department has the capacity to enforce a revised noise ordinance, and Police Chief Ferretti answered yes and described how the ordinance could be enforced. The group discussed potential fines and the consensus favored $250. Mayor Levine asked about the Police Department’s current practices for handling noise complaints, and Police Chief Ferretti explained they try to mediate all complaints. After further discussion, the Board asked Commissioner Filiberto to draft a proposed law and distribute it to the rest of the Board for review. The Board also agreed to decide whether or not a decibel meter will be needed once the law is enacted.

Item No. 3 – REPORTS FROM COMMITTEES
Main Street Project
[As typed by MSP Assistant Susan Henninger]
DOT/CONSTRUCTION UPDATE: This month continues to be spent on readying the PS&E’s for their final submission to NYSDOT.

At this stage, there is only one outstanding issue remaining. This is the Right of Way Clearance certificate that needs to be signed and submitted by the Mayor. All of the temporary easements have been signed as have three of the five permanent easements. The Mason’s have sent a signed “letter of intent” to the Village and plan to sign their easement on 12/15 at their annual meeting. The Nottke/Teeter easement remains unsigned; however they have met with a member of the Advisory Committee and took a copy of the Right of Way documents for their attorney to review. There were also several questions regarding safety and location that the family has, which the Advisory Design group and C&S will try to answer over the next few days. The Board should consider how much time they would like to give the property owners to sign the form before they begin to consider other options. If the Nottke/Teeters are not willing to sign the Right of Way Easement form the following options would be available (in order of preference of C&S and the Advisory Committee).

1. C&S can redesign the Project to fit a 915 mm sidewalk around the guide rail end section without encroaching on the private property (Please refer to the PDF file that I sent you all last week). This reduced width sidewalk fits within the existing right-of-way and the village could decide to make this change and bid the project on this basis, subject to NYSDOT’s approval when they give the plans a final review prior to granting permission to advertise. If the owner later changes her mind and is willing to sign the easement before construction is completed, the full width 1.5 m sidewalk could be installed instead. If, for some reason DOT does not approve the revision that would obviously result in a significant delay to PS&E approval and other avenues would then need to be explored.

2. The Village can authorize C&S to review the existing guide rail design to see if shortening is justified. The charge for this review would be $550. The result may be that C&S would agree with the Region’s preliminary determination that the guide rail run cannot safely be shortened. If C&S thinks that it can be shortened to accommodate the full width sidewalk, they could then prepare and submit a letter with attached plan to the Region presenting design backup and a description of the proposed change; the additional fee for this would be $700 (total design fees about $1,250, more for any construction work). The difficulty with this choice is that it is not a guaranteed choice. After the review, DOT could ultimately reach a decision that the rail should not be shortened-then the Village would be back where we started from and a few more weeks behind schedule.

3. The remaining choice would be to have the property appraised and to negotiate with the family to accept a dollar value for the property. If negotiations were not successful than using the eminent domain process to acquire the property could be a possibility for the Village to consider.

Discussion ensued.

STREET LIGHT METERS:
Steve George called to let us know that, despite numerous phone calls, they have not been able to get NYSEG to allow the Village to use their poles to put the light meters on.
Based on this, C&S has had to incorporate three free standing meters (located throughout the Village) into Ad Alternate #1 at a cost of $2,700.00 ($900.00 each). The other problem with these meters is that they are not very attractive looking. MSP Clerk of the Works Doug Austic suggested having a meter on the Village Hall and running lines under the Street. Discussion ensued. DPW Supervisor Vann suggested placing meters on Village-owned properties.

Steve suggests that if anyone at the Village or on the Advisory Committee is able to contact NYSEG and try to get them to come up with another option that would be preferable.

PROJECT SCHEDULE:
At this time the Project is almost two months behind schedule.

The Village Board should also be taking into consideration the coordination that the water main and NYSEG gas line projects will need with the Main Street Project. Discussion ensued.

ADVISORY COMMITTEE: The Advisory Committee has met twice since the last Village Board meeting. Topics of discussion have included fund-raising needs for the Project, effective communication strategies for both inter-office and to the general public during the construction phase, and various other Village developments that could impact the Main Street Project.

The Advisory Committee members have recruited eight-ten community members who are interested in doing fund-raising for the street lights, blue stones, and other specific landscaping details. An initial meeting has been scheduled with this group for 12/14 at 7:00 PM at the Library; all are welcome to attend.

CONSTRUCTION ADMINISTRATION SERVICES:
In terms of securing construction administration and inspection services for the Main Street Project; John Levine called Hunt Engineers and canceled the previously scheduled 11/22 meeting. Since that time, several emails between the Mayor and Chuck Franzese have been exchanged to see if Hunt’s fees and the scope of services can be negotiated to match the Village’s $70,000 budget for construction administration. The roles of the Advisory Committee and the Village Board in the choice of a construction administrator for the Project need clarification. It is important to begin this process now so that there is a person or an engineering firm assigned and ready to go once the Project has received final approval. Mayor Levine reported he has received an email from Chuck Franzese stating a junior staff Inspector could work under Doug Austic, but noting this does not seem like something Austic would want to do. Discussion ensued.

Following the Comprehensive Plan Committee report, Bob Brown noted he asked for figures on how much the Main Street Project has cost the Village at the last meeting, and asked for those numbers. Clerk Treasurer Bennett reported the Village has spent $51,788.74 on general fund expenditures related to the Project, and has donated $193,453.55 to the Main Street Project. Trustee Bouchard stated these were monies the Village was obligated to put in as a condition of receiving the grant. Clerk Treasurer Bennett stated it is actually about $15,000 more than the official matching component of the grant. Brown asked if the Village has any idea of how much extra money will be

spent out of the general fund, and Bennett answered no, it’s hard to tell before bids come in.

Skate Park
Trustee Bouchard reported the Skate Park Committee has selected the water tank site as the site for the future skate park. This choice came after much thought and, although there is neighborhood opposition, the Committee and Trustee Bouchard agreed this is the best site. Trustee Bouchard stated there is a need and this is an available site and noted that many important improvements, including Juniper Manor and T.R.A. were met with extensive opposition but have proven to be an improvement to the community.

Trustee Bouchard noted there are grant monies available for skate park development, only some of which could be obtained by a municipality. She will research grant opportunities and start on application paperwork.

Parkitects has drafted a preliminary design for the Park. Bouchard presented the 3-D draft to the Board for review. Trustee Bouchard noted the design includes equipment for skateboarders at different levels of ability and the Board discussed briefly. Trustee Filiberto, as a former skateboarder, noted the half-pipe could probably be eliminated because it would only be useful to advanced skateboarders. Trustee Bouchard reported the Committee is still exploring the feasibility of using the Park off-season as an ice skating rink.

Bouchard asked if a resolution is needed to establish that the Skate Park will be at the water tower site. The Board’s consensus was it is sufficient to agree in principle to the use of the Halsey Street water tank site as a Skate Park, and having so noted, the Board so agreed in principle to the use of the Halsey Street Water Tank site as the site for the planned Skate Park.

Comprehensive Plan Committee
Trustee Filiberto reported he met with Commissioner of Planning Ed Marx in Ithaca on Friday and the County Planning Department subsequently submitted a revised proposed Plan of Work for the Comprehensive Plan. The revised Work Plan calls for a three-year process including a survey, an inventory/profile describing the Village’s characteristics and identifying key issues, a series of workshops, Assessment/Analysis to identify strengths, challenges and community values and then to draft a vision statement, goals and objectives, Implementation Schedule and Monitoring Program development, draft Plan development, SEQR, and Plan Finalization. Trustee Filiberto reported he inquired about how to get maximum public involvement. The County feels that public involvement is the most important factor in making a successful Comprehensive Plan, and the only way to have that is to have a committee that gets people to workshops and represents the people. Filiberto reported he currently has seven people signed up to be on the Committee and is looking for two more to serve on the Committee for a two year

commitment. The Committee currently consists of two Planning Board Members, two business owners, two citizens, and someone from the Ulysses Town Board; Filiberto noted he has sought to represent the broad spectrum of the population.

The Board and Clerk Treasurer Bennett discussed the proposed Agreement for Comprehensive Plan development. Mayor Levine agreed to sign the agreement once the printing and copying fee table is received by the Clerk Treasurer’s Office and reviewed.

On a related note, the Village has been awarded the Pedestrian Walkability Study at no cost to the Village. Trustee Filiberto asked for a volunteer from the Board to interview consultants for the Walkability Study.

Item No. 4 – REPORTS FROM REPRESENTATIVES
Town of Ulysses
Ulysses Town Supervisor Doug Austic stated the Town’s Attorney needs permission to speak to the Village’s Attorney about the Fire Protection Contract. Mayor Levine stated he spoke to the Village Attorney and is prepared to report on the results of this conversation and subsequent research. The Town’s Attorney is correct in the issue he brought up. Mayor Levine explained the Town and Village have a contract whereby the Village Fire Department provides fire protection to the Town of Ulysses, which contract refers to a joint fire district of the three Towns and the Village. The Ulysses Town Attorney pointed out, and NYCOM confirmed, that no such fire district exists, but rather each Town has its own fire district. Austic stated this was not the Town Attorney’s question, and requested permission for the Village Attorney to speak to the Town Attorney. Permission was so granted by Mayor Levine.

Item No. 5 – Resolution to Change to 4-Year Terms of Office for Mayor and Trustees
Mayor Levine noted he has a sample resolution to change the terms of office for Mayor and Trustees from two to four years, with elections to occur every even year. Mayor Levine explained the simplest way to do this will be to have the Mayor and Trustees elected in 2006 serve four-year terms, the Trustees elected in 2007 serve five-year terms and all future terms will be four-year terms. Discussion ensued, and the resolution was tabled until January 9th 2005 in order to allow for advance media coverage.

Item No. 6 – CORRESPONDENCE
Letter from Tompkins County Assessment Re: Real Property Tax Exemptions
Acknowledged.

2006 Village Election Political Calendar
Acknowledged.

Letter Inviting Participation in Stormwater Working Group
Acknowledged.

Item No. 7 – APPROVAL OF MONTHLY BILLS
After brief review, A MOTION by Trustee Bouchard to approve General Fund Abstract #7 totaling $13,849.66 was seconded by Trustee Filiberto.
Unanimously Approved.

A MOTION by Trustee Hrubos to approve Water Fund Abstract #7 totaling $3,518.77 was seconded by Trustee Filiberto.
Unanimously Approved.

A MOTION by Trustee Hrubos to approve Sewer Fund Abstract #7 totaling $7,350.09 was seconded by Trustee Bouchard.
Unanimously Approved.

Mayor Levine asked if DPW Supervisor Vann has read the email correspondence from Skip Davis stating his issue with the use of cold patch over the vault in front of his Main Street building. Vann answered he has not read the email but has secondhand knowledge of the situation; his understanding is Davis was unhappy with the cold patch and Silverline returned and put sand down and a mat was laid across the area in front of the entryway. Vann explained that cold patch really doesn’t harden well in this weather, it basically needs to be baked, but, unfortunately, this is the only alternative available at this point. The DPW will take extra care when plowing in that area so as not to tear the black top out. Mayor Levine stated he will get a copy of the correspondence to DPW Supervisor Vann. A MOTION by Trustee Bouchard to approve Main Street Capital Project Fund Abstract #7 totaling $11,828.00 was seconded by Trustee Hrubos.
Unanimously Approved.

A MOTION by Trustee Filiberto to approve Street Tree Fund Abstract #7 totaling $75.00 was seconded by Trustee Hrubos.
Unanimously Approved.

Item No. 8 – APPROVAL OF MONTHLY MINUTES – Regular Monthly Meeting – 11/14/2005 and Special Board Meeting – 11/15/2005
Trustee Bouchard asked that the final line of the Special Board Meeting minutes be amended to read that the meeting was “closed” instead of “adjourned”. Hearing no further amendments, A MOTION by Trustee Filiberto to approve the minutes of the Regular Board Meeting of 11/14/2005 as presented and the minutes of the Special Board Meeting of 11/15/2005 as amended was seconded by Trustee Bouchard.
Unanimously Approved.

Item No. 9 – OLD BUSINESS
Personnel Policy Revision
Trustee Bouchard stated she has made the minor changes and done the research that she had agreed to do after the working session in September. Bouchard briefly reviewed the changes, which include additional language about using up comp. time within the pay period and a reference to the Village’s Code of Ethics, which actually does exist and is supposed to be handed out to all new employees and officials. After brief further discussion, Trustee Hrubos made A MOTION to replace the current Personnel Policy with the revised Personnel Policy as drafted by Trustee Bouchard and former Trustee Janice Waller, which motion was seconded by Trustee Filiberto.
Unanimously Adopted.

Mayor Levine added a note of thanks to Trustee Mary Bouchard and former Trustee Janice Waller for all their work in revising the Personnel Policy.

Clerk Treasurer Bennett asked how the new Policy will affect the two newest full-time employees. The Board agreed the probation periods for Deputy Treasurer Tammy Morse and DPW Laborer Jonathan Lanning will be shortened to 90 days.

Item No. 10 – NEW BUSINESS
Trustee Filiberto asked if the website could be updated with things such as a comments page, the Personnel Policy and other Village laws. Mayor Levine noted he has most if not all of the Zoning Laws on the website, can put the Personnel Policy online, and will see if he can come up with a sensible setup for a comments page.

Trustee Bouchard asked Mayor Levine to add a subsection for the Skate Park Committee and Mayor Levine agreed to do so.

Item No. 11 – EXECUTIVE SESSION
A MOTION by Trustee Hrubos to adjourn to Executive Session for the purpose of addressing personnel matters was seconded by Trustee Filiberto.
Unanimously Approved.

The Board adjourned to Executive Session at 9:13 pm.

A MOTION by Trustee Hrubos to return to the Open Meeting was seconded by Trustee Filiberto.
Unanimously Approved.

The Board returned to the Open Meeting at 9:38.

A MOTION by Trustee Hrubos to increase DPW Laborer Jonathan Lanning’s pay rate to $11.50 per hour, effective December 12, 2005 was seconded by Trustee Filiberto.
Unanimously Approved.

A MOTION by Trustee Filiberto to increase Main Street Project Assistant Susan Henninger’s pay rate to $15.00 per hour, retroactive to December 1st 2005, until her position is no longer needed for the Project and with the understanding that the position shall consist of no more than 20 hours per week, was seconded by Trustee Bouchard.
Unanimously Approved.

Item No. 12 – ADJOURNMENT
Hearing no further business, A MOTION by Trustee Hrubos to adjourn the meeting was seconded by Trustee Bouchard.
Unanimously Approved.

Mayor Levine adjourned the meeting at 9:40 pm.

Respectfully Submitted,

Carolyn Bennett
Clerk Treasurer