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HomeMy WebLinkAbout2006 Index of Resolutions.pdfINDEX OF 2006 RESOLUTIONS Contents INDEX OF 2006 RESOLUTIONS.................................................................................................................1 ORGANIZATIONAL MEETING JANUARY 5, 2006....................................................................................5 **Resolution#1— Monthly Meetings...............................................................................................5 **Resolution#2 —Designate News Media........................................................................................ 5 **Resolution#3 — Mileage Rate $.44.5.............................................................................................6 **Resolution#4— Highway Superintendent Incur Expenses Not to Exceed $3000 ............................6 **Resolution#5 — Building/Maintenance Incur Expenses Not to Exceed $1500 ................................6 **Resolution#6 — Supervisor Annual Report.................................................................................... 6 **Resolution#7 — Official Town Publication.....................................................................................6 **Resolution#8 —Designate Depositories........................................................................................6 **Resolution#9 — Investments.........................................................................................................6 **Resolution#10 — Authorizes Supervisor to pay Contracts.............................................................. 6 **Resolution#11— Bonding.............................................................................................................6 **Supervisor's Appointments .......................................................................................................... 7 **Resolution#12 — Appointing Attorney Bruce Wilson..................................................................... 7 **Resolution#13 —Town Board Appointments................................................................................8 **Wags & Salaries 2006...................................................................................................................9 **Resolution#14—Time Cards.......................................................................................................10 * * Resolution#15 — Adding to Agenda............................................................................................10 **Resolution#16 — ADA — Special Needs........................................................................................10 **Resolution#17 — Department Audit............................................................................................10 **Resolution#18 - Co -Operative Agreements for Highway Services...............................................10 **Resolution#19 — Shared Municipal Services Incentive Grant Program 2005-2006 .......................10 REGULAR TOWN BOARD MEETING JANUARY 10, 2006.......................................................................11 **Resolution #20- 2005 Budget Modifications..............................................................................11 **Resolution #21- Ledger Property Clean-Up................................................................................12 **Resolution #22 - 2nd Signature on Town Clerk Checks over $5000 ...............................................12 **Resolution #23 — Multi -Jurisdictional All -Hazards Mitigation Plan...............................................12 **Resolution #24—Appoint PB Chairman......................................................................................13 **Resolution #25—Appoint Zoning Board Member—Carl Mann...................................................13 **Resolution #26 — Audit 2005 Sciarabba Walker (Defeated).........................................................13 Special Town Board Meeting January 24, 2006..................................................................................14 **Resolution#27 — Planning Board Term........................................................................................14 REGULAR TOWN BOARD MEETING FEBRUARY 14, 2006.....................................................................14 **Resolution#28 - Agreement for The Expenditure Of Highway Moneys -- 2006 ............................14 **Resolution#29 —Work on Comprehensive Plan..........................................................................14 **Resolution#30—Appointment to Planning Board.......................................................................15 **Resolution#31— Revision of Comprehensive Plan......................................................................15 REGULAR TOWN BOARD MEETING MARCH 14, 2006.........................................................................16 **Resolution#32 — Audit................................................................................................................16 **Resolution#33 — Plan from Robert Brown...................................................................................16 Joint Town Board/Village Board Meeting April 3, 2006 —Discussion of Water District #5 — no Resolutions........................................................................................................................................17 REGULAR TOWN BOARD MEETING APRIL 11, 2006............................................................................17 **Resolution#34—Surplus equipment 1980 Ford Tractor..............................................................17 **Resolution#35 — Structure to Review Comprehensive Plan.........................................................17 **Resolution#36 -Audit ...............................................................................................................19 Resolution#37 — Rules — Privilege of the Floor................................................................................ 20 **Resolution#38 — Hire Facilitator for Discussing Rules.................................................................. 20 * *Resolution#39 —Youth Contract.................................................................................................20 **Resolution#40 — Design Sprinkler System for Town Barns.......................................................... 20 **Resolution#41— Communicating About Water District#5..........................................................20 SPECIAL TOWN BOARD MEETING April 24, 2006................................................................................20 **No resolutions — Presentation by Eric Pond on Proposed Water District #5 ................................20 REGULAR TOWN BOARD MEETING MAY 9, 2013................................................................................20 * *Resolution#42 —Authorizing Purchase of Truck..........................................................................20 **Resolution#43 — Resolution Subject to Permissive Resolution to Purchase Truck........................20 **Resolution#44—Clerk for Comprehensive Plan Committee........................................................21 **Resolution#45 -Memorandum Of Agreement To Create The Stormwater Coalition Of Tompkins County.........................................................................................................................................21 **Resolution#46-The Local Waterfront Revitalization Program....................................................24 SPECIAL TOWN BOARD MEETING MAY 16, 2013................................................................................24 **Resolution#47 — Communication About Water District #5 - removed ......................................... 24 SPECIAL TOWN BOARD MEETING MAY 27, 2006................................................................................25 **Resolution#48 - Review And Edit A Draft Informational Document To Be Mailed Out In Advance Of The Public Information Meeting For Proposed Water District#5...............................................25 REGULAR TOWN BOARD MEETING JUNE 13, 2006............................................................................. 25 **Resolution#49 — Establishing Comprehensive Plan Committee...................................................25 **Resolution#50 — Public Hearing Set for Local Law#1— 2006 "A LOCAL LAW PROVIDING FOR THE DEFENSE OF ULYSSES OFFICERS AND EMPLOYEES AND CERTAIN VOLUNTEERS .............................. 27 **Resolution#51— Communication of Water District #5................................................................27 **Resolutions #52 — Support to Form Tompkins County Council of Government ............................27 **Resolution #53 — Beautification Grant........................................................................................ 27 SPECIAL TOWN BOARD MEETING JUNE 14, 2006 - PUBLIC INFORMATION FORUM WATER DISTRICT #5 —NO RESOLUTIONS............................................................................................................................28 SPECIAL TOWN BOARD MEETING JUNE 26, 2006............................................................................... 28 **Resolution#54 — Audit Bid Acceptance....................................................................................... 28 **Resolution#55 — Public Hearing Allowing West Hill Church in Water District #3 ..........................28 **Resolution#56 — Part II Draft Gatekeeper Resolution.................................................................. 28 **Resolution#57 — Hire Bolton Point for Inspection on Back Flows Devices....................................29 Public Hearing July11, 2006 - Local Law # 1— 2006 — A Local Law Providing for the Defense of Ulysses Officers and Employees and Certain Volunteers................................................................................. 29 REGULAR TOWN BOARD MEETING JULY 12, 2006.............................................................................. 29 **Resolution #58 — Retirement Bonus Pay.....................................................................................29 **Resolution#59 — Swapping Town Roads/County Roads............................................................... 29 **Resolution #60 — Approves Grading at the Fairgrounds.............................................................. 29 **Resolution #61— Local Law#1— 2006 A LOCAL LAW PROVIDING FOR THE DEFENSE OF ULYSSES OFFICERS AND EMPLOYEES AND CERTAIN VOLUNTEERS................................................................ 29 **Resolution #62 — Public Hearing Annual MS4 Stormwater Report..............................................32 **Resolution#63 —Adding West Hill Church to Water District#3...................................................32 **Resolution #64 — Follow Procedure to Enforce Water District Law on Back Flow Inspection ....... 32 **Resolution #65 — Correcting Mr. Meeker's Pay........................................................................... 33 PUBLIC HEARING JULY 24,2006— ANNUAL STORMWATER................................................................33 SPECIAL TOWN BOARD MEETING JULY 24, 2006................................................................................ 33 **Resolution #66 — Authoring Mr. Coogan to Sign MUNICIPAL COMPLIANCE CERTIFICATION (MCC) FORM............................................................................................................................................ 33 **Resolution #67 — Sign Contract with Sciarabba Walker...............................................................33 **Resolution#68—Appoint Planning Board Member Barbara Bristow...........................................33 **Resolution #69 — Form Joint Committee for Discussion of Water#5...........................................33 **Resolution#70 — Energy Audit.................................................................................................... 33 REGULAR TOWN BOARD MEETING AUGUST 8, 2006.......................................................................... 34 **Resolution#71- Accept The Following Memorandum Of Understanding With Tompkins County — Classificationof Roads................................................................................................................... 34 **Resolution#72 — Transferring Money for Audit........................................................................... 34 **Resolution#73 —Adopting Rules and Procedures........................................................................34 **Resolution#74 - Expending Money For Sidewalk Extension to Fairgrounds................................39 SPECIAL TOWN BOARD MEETING AUGUST 28, 2006.......................................................................... 39 **Resolution #75 — Change Date of September Town Board Meeting............................................39 REGULAR TOWN BOARD MEETING SEPTEMBER 11, 2006 —RESCHEDULED NO QUORUM ...................39 REGULAR TOWN BOARD MEETING SEPTEMBER 19, 2006 — No resolutions........................................39 SPECIAL TOWN BOARD MEETING SEPTEMBER 25, 2006.....................................................................40 **Resolution#76 — Recreation Partnership....................................................................................40 **Resolution#77 - Recreation Partnership Support by Tompkins County.......................................40 SPECIAL TOWN BOARD MEETING OCTOBER 4, 2006..........................................................................41 **Resolution#78 — Appointment Of Town Historian....................................................................... 41 REGULAR TOWN BOARD MEETING OCTOBER 10, 2006......................................................................41 **Resolution#79 —Joining Tompkins County Council of Governments...........................................41 **Resolution#80 — Alternate to the Tompkins County Council of Governments .............................41 **Resolution#81— support of a shared services grant to explore hiring a storm water inspector... 41 **Resolution#82 - Letters Of Intent To Support Intermunicipal Grant Application ..........................42 SPECIAL TOWN BOARD MEETING OCTOBER 17, 2006........................................................................42 **Budget Workshop — no resolutions............................................................................................42 SPECIAL TOWN BOARD MEETING OCTOBER 23, 2006........................................................................42 **Resolution#83 - Hiring Town Attorney Mariette Geldenhuys.....................................................42 SPECIAL TOWN BOARD MEETING OCTOBER 26, 2006........................................................................42 **Resolution#84- Contract Survey Research Institute for Comprehensive Plan Survey.................42 SPECIAL TOWN BOARD MEETING OCTOBER 31, 2006........................................................................42 **Resolution#85 - Move 2007 Budget to Preliminary Budget........................................................42 PUBLIC HEARING NOVEMBER 9, 2006 - 2007 Budget........................................................................42 REGULAR TOWN BOARD MEETING NOVENBER 14, 2006....................................................................42 **Resolution #86 - Lead Agency And Appoints Richard Coogan, Deputy Supervisor, As Lead Contact for Shared Service Grant................................................................................................................42 **Resolution#87 - Agreement with Attorney Mariette Geldenhuys...............................................43 **Resoloution#88 -Adoption of 2007 Budget...............................................................................45 SPECIAL TOWN BOARD MEETING NOVEMBER 27, 2006 - Review of Zoning Law................................45 PUBLIC HEARING DECEMBER 12, 2006 - proposed DEC Model Stormwater Laws...............................45 REGULAR TOWN BOARD MEETING DECEMBER 12, 2006....................................................................45 **Resolution#89 - Funding Brochure "Touring the Towns of Tompkins County"............................45 **Resolution#90-Sign Drug and Alcohol Testing Policy................................................................45 **Resolution #91- Town Wide Mailing Of The Pre -Application Forms for Better Housing Grant .....45 **Resolution#92 - Appoint Chairman of Planning Board - Ken Zeserson....................................... 45 **Resolution#93 - Employee Gift Certificate.................................................................................45 **Resolution#94 - Motion to Approve B & L Scope of Service........................................................ 45 **Resolution#95 - To Engage The Services Of Barton & Loguidice To Conduct A Study To Investigate ...................................................................................................................................................... 46 ORGANIZATIONAL MEETING JANUARY 5, 2006 **Resolution#1 - Monthly Meetings BE IT RESOLVED, the Regular Monthly Board meetings of the Ulysses Town Board will be held on the second Tuesday of each month at 7:30 PM in the Ulysses Town Hall at 10 Elm Street, Trumansburg, NY. Board review of monthly claims will begin at 7:00 PM prior to each scheduled Regular Board Meeting. **Resolution#2 - Designate News Media BE IT FURTHER RESOLVED the designated news media is advised of the foregoing schedule and those meeting notices are posted, in accordance with the open meeting law, on the clerk's bulletin board. **Resolution#3 - Mileage Rate $.44.5 BE IT RESOLVED mileage at a rate of 44.5 cents per mile shall be paid to Town Officials and employees conducting official business and driving their personal vehicles and that such mileage shall be reported on the appropriate forms provided. **Resolution#4 - Highway Superintendent Incur Expenses Not to Exceed $3000 BE IT RESOLVED the Highway Superintendent is authorized to incur expenses not to exceed $3000.00 for repairs and maintenance of highway equipment without prior Board approval. **Resolution#5 - Building/Maintenance Incur Expenses Not to Exceed $1500 BE IT RESOLVED the Building and Maintenance Chairman be authorized to incur expenses not to exceed $1500.00 for emergency repairs and maintenance following established procurement policy procedures. **Resolution#6 - Supervisor Annual Report BE IT RESOLVED in lieu of the report required by Town Law Section. 29(10), the Supervisor be and hereby is authorized to submit to the Town Clerk a copy of his annual report to the State Comptroller and that the Town Clerk shall cause a summary thereof to be published in accordance with the law. **Resolution#7 - Official Town Publication BE IT RESOLVED the Ithaca Journal is hereby designated as the official Town publication. **Resolution#B - Designate Depositories BE IT RESOLVED the Tompkins County Trust Company is designated as depository in which the Supervisor, Town Clerk, Justices, and other employees by virtue of their offices, shall deposit all monies coming into their hands and, **Resolution#9 - Investments FURTHER RESOLVED the Town investments can be made at other banks as outlined in the Towns investment policy. **Resolution#10 - Authorizes Supervisor to pay Contracts BE IT RESOLVED the Town Board authorizes the Supervisor to pay in advance of audit of claims for utilities, postage and contractual agreements which if delayed may result in loss of discounts or the accrual of service charges. **Resolution#11 - Bonding BE IT RESOLVED that the Town Board of the Town of Ulysses proceed with the blanket bond for the Town of $50,000, FURTHER RESOLVE that the Town Supervisor be asked to get a quote for a $100,000, $150,000 and $200,000 alternative bond and quotes for lesser amounts for the Town Clerk/Collector and Supervisor. FURTHER RESOLVE that a statement relevant to the co-signing of checks that are greater than $5000 be provided to the Town Board. **Supervisor's Appointments Supervisor Appointments A. Town Historian Esther Northrup B. Deputy Supervisor Dick Coogan C. Liaison to Highway Dept. Rod Ferrentino D. Building Maintenance Doug Austic E. TCMOA Planning Com. Roxanne Marino F. Liaison to Village Bd. Don Ellis G. Personnel Liaison Lucia Tyler H. Planning Bd. /BZA Liaison Roxanne Marino I. Fire Department Liaison Don Ellis J. Bookkeeper Doug Austic **Resolution#12 - Appointing Attorney Bruce Wilson BE IT RESOLVED that the Town Board of the Town of Ulysses accepts Mr. Wilson's retainer letter #2 for $25,000 as stated in that letter as follows: A base retainer for legal services of $25,000 per year to be paid as before in monthly installments. The base retainer covers Mr. Wilson's weekly work at the Town Hall for 3 hours per week, to include appointments, meetings, research on opinions and general advice as requested for legal matters before the Town. This base retainer also will cover my attendance and advice at Regular Town Board meetings. Over and above the base retainer, the Town may engage Mr. Wilson for additional legal services and for this the hourly rate of $150 per hour will be billed monthly. These services would include the following: • Attendance at meetings for the Planning Board and Zoning Board of Appeals. • Litigation involving the Town as either Plaintiff or Defendant. • Zoning Enforcement procedures or actions. • Special requests such as creation of Water Districts, Special Districts or Zoning changes. Mr. Wilson will represent the Town Board as a whole and the attorney-client relationship is with the Town Board. The Town Supervisor will be authorized by the Board to engage Mr. Wilson as to opinions for the Supervisor or his Deputy and that he also may authorize opinions for the Town Clerk, Judges, Highway Superintendent and Zoning Enforcement Officer. Mr. Wilson will render these opinions in most cases during his weekly hours but the work may be more extensive depending on the problem. Mr. Wilson will bill additional legal services monthly to keep the Board informed of any extra legal work involved. Opinions for other officers, employees, zoning or planning boards must be cleared either by the Town Supervisor or Town Board to insure Mr. Wilson is properly representing the Town Board in the matters and not just individual boards or their members or officers. This approval to be done by the Town Supervisor, as a practical matter given time delays and constraints of Board meetings, but that the Board be informed by the Supervisor of any such authorization so it may at the next regular meeting review same and terminate by appropriate motion any legal work over the base work that they oppose as a Board. **Resolution#13 - Town Board Appointments Town Board Appointments A. Code Enforcement Off icier Alex Rachun B. Deputy Zoning Officer Mark Hassan C. Deputy Code Enforcement Village Contract D. Planning Board Chair Vacant E. Planning Board Member Vacant F. Zoning Chair George Tselekis G. Rep. Human Services Coal Richard Coogan H. Board of Assessment Review (2) Coogan / Duddleston I. Cleaning Contract Laurie MacCheyne J. County Youth Bureau Rep. Ben Curtis K. Joint Youth Comm. Liaison Roxanne Marino L. Cayuga Lake Watershed Rep. Richard Coogan M. Environ. Mngt. Council (EMC) Lucia Tyler N. TCMOA Planning Rep. Richard Coogan 0. Reps. to Joint Youth Comm. Deb Austic/ M. Vonderweidt P. Ithaca/Tompkins County Transportation Council Planning Committee Sue Poelvoorde Q. Ithaca/Tompkins County Transportation Council Policy Committee Richard Coogan R. TC Emergency / Disaster Comm. Fire Dept. - Jason Fulton S. TCAD Representative Vacant T. Fair Board Liaison Don Ellis U. Storm Water Mngt. Rep. Doug Austic/R. Coogan V. Disaster Mitigation Rep Doug Austic/R. Coogan W. Water Resources Council Lucia Tyler X. BZA member Vacant **Wags & Salaries 2006 $13.60/ hr. WAGES AND SALARIES FOR 2006 $17.91/ hr. ELECTED OFFICIALS: Town Supervisor $10927/yr. Town Council (4) $3518/ yr. Ea. Town Clerk/Collector $41470/ yr. Highway Superintendent $48948/ yr. Town Justice (2) $13497/yr. Ea. APPOINTED OFFICIALS AND EMPLOYEES Deputy Town Clerk $25000/yr. Deputy Supervisor $ 15.91/hr. Bookkeeper $17350/yr. Building Inspector $18333/yr. Zoning Officer $17400/yr. Deputy Zoning Officer $13.62/hr. Justice Clerical $27540/yr. Planning/Zoning Clerk $13.60/ hr. Deputy Highway Superintendent $17.91/ hr. Highway Employees $14-$17.40/ hr. **Resolution#14 - Time Cards BE IT RESOLVED all employees shall turn in a time card by the end of the last day of the pay period, salaried employees shall do the same stating time used for vacation, sick time, holiday or other time off to maintain accurate records of benefit time used. No pay will be issued without the presence of a time card. **Resolution#15 - Adding to Agenda BE IT RESOLVED any individual wishing to be on the agenda, advise the Supervisor of that intent at least one week prior to the scheduled meeting. **Resolution#16 - ADA - Special Needs BE IT RESOLVED any individual having any special needs and wishing to attend a meeting please advise the Town Clerk of the special requirements at least one week prior to the meeting. (ADA) **Resolution#17 - Department Audit BE IT RESOLVED that the Town Board of the Town of Ulysses will do the Annual Audit of the books for each department on Tuesday January17, 2006 at 4:00 pm (by law on or before 1/20) **Resolution#18 - Co -Operative Agreements for Highway Services WHEREAS, Highway Law #142-d allows co-operative agreements for highway services and sharing of labor, equipment and supplies; and WHEREAS, General Municipal Law Article 5-G allows and encourages municipal co -operations, by joint or contract basis, performance of powers and duties among themselves; and WHEREAS, it is deemed beneficial to the Town of Ulysses to allow for shared highway agreements of equipment and services with other nearby municipal highway departments; NOW THEREFORE BE IT RESOLVED THAT the Ulysses Town Board authorizes the Town Supervisor pursuant to Highway Law #283 to enter into agreements for shared services and equipment with other municipalities and authorize, within existing budget constraints, the Town's Highway Superintendent pursuant to Highway Law #284 to take such action to implement said agreements consistent with Town highway needs and availability, and maintain sufficient liability coverage to protect the town in such joint efforts . **Resolution#19 - Shared Municipal Services Incentive Grant Program 2005-2006 Shared Municipal Services Incentive Grant Program 2005-2006 WHERE AS a resolution is required authorizing Deputy Supervisor Richard Coogan to submit an application as lead contact person to the Department of State Shared Municipal Services Incentive Grant (2005-2006 Program Year) for a feasibility study to supply municipal water from the Town of Ulysses to Taughannock State Park and the Village of Trumansburg. This resolution shall also authorize Supervisor Douglas Austic to execute all financial and administrative processes for this grant project. and WHERE AS funds solicited through this program shall be used for the express purposes of finding a solution for Taughannock State Park which has been mandated by the Tompkins County Department of Health to secure a new source of potable water (beach well is under the influence of ground water) by November 2006 and the Village of Trumansburg which is mandated by Tompkins County Department of Health to secure a second source of potable water, and WHERE AS the cost for the engineering study and inter -municipal legal agreements is estimated to be $80,000, the Amount of Grant Requested is $65,000 with the additional $15,000 being committed by the Town, Village, and State Park, and WHERE AS Taughannock State Park and the Village of Trumansburg are willing partners for this project, THEREFORE BE IT RESOLVED that the Town of Ulysses supports this project, Feasibility Study for Potable Water for Taughannock State Park and the Village of Trumansburg. REGULAR TOWN BOARD MEETING JANUARY 10, 2006 "Resolution #20 - 2005 Budget Modifications A1440.4 390.00 A8020.1 999.34 A3620.4 55.23 A9030.8 175.45 A8020.4 700.00 A9060.8 29.56 Totals $1174.79 Totals $1174.79 Highway DA DA5120.4 8814.40 DA5130.4 11336.30 DA5130.4 3991.60 DA5130.1 4668.22 DA5140.1 1694.16 DA5120.1 110.92 DA9040.8 3838.38 DA9030.8 1460.88 DA9055.8 4.88 DA5142.4 564.57 DA9060.8 1598.29 DA5148.4 564.54 DA5148.1 1236.28 Totals $19941.71 Totals $19941.71 Highway DB DB9030.8 121.84 DB9055.8 28.88 D139040.8 894.28 DB5110.1 1059.78 DB9060.8 1598.29 DB5110.4 1525.75 Totals $ 2614.44 2614.44 Water District #3 SW8310.0 299.60 SW8310.4 7833.38 S W 8340.2 4171.49 SW8340.4 3362.29 Totals $7833.38 $7833.38 "Resolution #21 - Ledger Property Clean -Up BE IT RESOLVED that the Town Board of the Town of Ulysses request that the staff in the Town look into getting a cost estimate on cleaning up the Ledger property and also to look into some creative options that may be available for ways to help get service groups or organizations to help with the removal and clean up. FURTHER RESOLVE that the staff report back to the Town Board in a month. "Resolution #22 - 2nd Signature on Town Clerk Checks over $5000 BE IT RESOLVED that the Town Board of the Town of Ulysses rescind the resolution of January 5, 2006 and remove the request to have a second signature on the Town Clerk's checks written for over $5000. "Resolution #23 — Multi -Jurisdictional All -Hazards Mitigation Plan WHEREAS, Tompkins County and the municipalities therein have identified a history of damages resulting from flooding, severe storms, winter storms, and other weather-related phenomena, and have recognized the potential for future damages resulting from natural, human -caused, and technological disasters, and WHEREAS, an all -hazards mitigation plan can provide recommendations to help prevent and minimize the damages resulting from such events, and WHEREAS, the adoption of an all -hazards mitigation plan is required to be eligible to receive State and Federal funding for hazard mitigation initiatives, and WHEREAS, the County of Tompkins and the towns of Caroline, Danby, Enfield, Groton, Ithaca, Lansing, and Ulysses (Partners) executed a Memorandum of Understanding in 2003 to develop a Multi- Jurisdictional All-Hazards Mitigation Plan (Plan), and WHEREAS, the Plan has been drafted in accordance with the requirements of the New York State Emergency Management Office (SEMO), Federal Emergency Management Agency (FEMA), and Disaster Mitigation Act of2000, and WHEREAS, the Plan includes jurisdiction-specific recommendations to minimize the damages associated with natural, human-caused, and technological disasters, and WHEREAS, the Plan has been made available for public review online at the Tompkins County Planning Department Hazard Mitigation web site and by placement in municipal offices, the Tompkins County Planning office, and the Tompkins County Public Library, with notices published in the Ithaca Journal, the local paper of record, inviting public comment, and WHEREAS, public meetings were hosted by the Partners throughout the development of the Plan to discuss the contents of the Plan with members of the public, and WHEREAS, comments from the public and Partners have been incorporated into the Plan, and WHEREAS, the Plan is wholly supported by its reviewers, and WHEREAS, the Town of Ulysses has reviewed the Plan and affirms that the Plan will be updated no less than every five years; now therefore be it RESOLVED, by the Town Board, that the Town of Ulysses adopts the Tompkins County Multi- Jurisdictional All-Hazards Mitigation Plan as its all-hazards mitigation plan, and resolves to execute the actions in the Plan. "Resolution #24 — Appoint PB Chairman BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Margot Chiuten as the Chairman to the Town of Ulysses Planning Board. "Resolution #25 — Appoint Zoning Board Member — Carl Mann BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Carl Mann to the Town of Ulysses Zoning Board of Appeals for a five year term that will expire December 31, 2010. "Resolution #26 — Audit 2005 Sciarabba Walker (Defeated) Sciarabba Walker is engaged to perform an audit this year including financial statements and expanded procedures testing in order to complete the process for 2005. As a part of this motion Ms. Tyler asked that a formal quotation of cost of the audit to be obtained by either the Supervisor or Deputy Supervisor in order to plan for the expense. Special Town Board Meeting January 24, 2006 **Resolution#27 - Planning Board Term BE IT RESOLVED that the Town Board of the Town of Ulysses will stay with what the Town has currently for the Planning Board with the seven year term and the seven member board. REGULAR TOWN BOARD MEETING FEBRUARY 14, 2006 **Resolution#28 - Agreement for The Expenditure Of Highway Moneys -- 2006 AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS -- 2006 AGREEMENT between the Town Highway Superintendents of the Town of Ulysses-, Tompkins County, New York, and the undersigned members of the Town Board. Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and the improvement of highways, shall be expended as follows: 1. GENERAL REPAIRS. The sum of $ 50,000 shall be set aside to be expended for primary work and general repairs upon 36 miles of town highways, including sluices, culverts and bridges having a span of less than five feet and board walks or the renewals thereof. 2. PERMANENT IMPROVEMENTS. The following sums shall be set aside to be expended for the permanent improvement of town highways: VAN DORNS CORNER ROAD (a) On the road commencing at PERRY CITY ROAD and leading to IRADELL ROAD a distance of 97 miles, there shall be expended not over the sum of $108,000 Type 6 hot mix pavement -width of traveled surface 18 ft. -Thickness Vshim (in middle) Sub base ok. 11/2 top coverage type b top (edges will take more) Mr. Meeker explained the agreement. Mr. Ellis moved, seconded by Ms. Tyler the following: BE IT RESOLVED that the Town Board of the Town of Ulysses agrees to execute the foregoing "Agreement for the Expenditure of Highway Money- 2006" submitted by James Meeker, Highway Superintendent. **Resolution#29 - Work on Comprehensive Plan Whereas the Town's Comprehensive Plan contains a commitment for review and renewal of the Plan at five years after enactment, and Whereas the intention to advance the Comprehensive planning within this new year was frequently visited and generally endorsed by the Town Board during 2005, and Whereas there is strong support in the community for simultaneous comprehensive planning by the Town of Ulysses and the Village of Trumansburg, and Whereas the planning in the Village is already in progress, and Whereas the Town's current budget already provides for such planning, and Be it resolved that the Town launch the following actions immediately, in no case failing to substantially complete the initiating actions by mid-March: A. Engagement of a professional planning facilitator to guide the Comprehensive Planning in the tasks below until such time as Tompkins County Planning Department can assign a planner. B. Formation of a planning committee to include representation from this Board, representation from the Planning Board, representation from the Board of Zoning Appeals, representation from the Village Trustees, representation from the Village's Comprehensive Planning Committee, representation from among business interests in the Town, representation from among business interests in the Village, representation from among agricultural interests in the town, and any additional members as seen fit by the first -seated members of the Committee. The Committee and the Facilitator shall be charged with completion of the survey and information gathering functions of the planning including no fewer than three gatherings to bring the interested public into the process, and distribution and analysis of an opinion survey, with the general intention to be in a position at year's end to engage a planner from the County Planning Department, hopefully the same Planner now performing similar services for the Village. **Resolution#30 - Appointment to Planning Board BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Rebecca Schneider for a term of seven years and Ken Zeserson for a term of one year to the Ulysses Planning Board. **Resolution#31 - Revision of Comprehensive Plan Whereas the Town Board is overdue with the recommended 5 year review and revision of the Town of Ulysses Comprehensive Plan, And whereas part of such review should be the consideration of the appropriate development of new water districts, with due consideration of both the positive and negative aspects, And whereas the Town Board commissioned an engineering study of alternatives for water district development that could address several areas of concern or need in the Town of Ulysses in February 2005, And the Town Board has not yet been presented with a report of feasible alternatives from said study, And whereas implementation of the next steps of the Engineering Report for Water District No.S, presented to the Town in December 2005 by Barton & Loguidice, P C. will require significant appropriation of Town funds, estimated at $65,000, And whereas there is a clear and growing need for focused planning in the areas of the Town - Village interface, in cooperation with the recently begun comprehensive planning process in the Village of Trumansburg, The Town Board hereby resolves that presentation of the December 2005 Engineering Report for District No.5 to the Tompkins County Health Dept., and implementation of the additional steps recommended in such report will not proceed until: a.) the Town Board is presented with a series of alternatives for water district development and associated rationale for these alternatives, b.) the Town Board can engage the public and other stakeholders such as New York State Parks and the Village of Trumansburg in additional discussions on the draft water district plan and various alternate engineering and cost options, and c.) the Town forms a Comprehensive Plan review committee and engages in a town- wide review of the 1999 Town of Ulysses Comprehensive Plan, and said Committee issues preliminary recommendations on new water district development, if any, as part of such Plan. Be it also resolved that the Town recognizes the need for water source improvement for Taughannock Falls State Park in order to comply with Tompkins County Health Department directives and that connection to a municipal water system is one option for such compliance, And therefore, the above steps (a - c) will be taken by the Town as expediently as possible, with a target date of December 15, 2006. REGULAR TOWN BOARD MEETING MARCH 14, 2006 **Resolution#32 - Audit An accounting firm either Sciarabba Walker or Ciaschi, Dietershagen depending on the quotes received, be engaged to perform an "Opinion Audit" of the Town of Ulysses books for 2005 including the capital accounts beginning in May of 2006. **Resolution#33 - Plan from Robert Brown Mr. Ferrentino moved, seconded by Mr. Austic to allow Mr. Robert Brown to present his proposal to the employees of the Town of Ulysses. Joint Town Board/Village Board Meeting April 3, 2006 -Discussion of Water District #5 - no Resolutions REGULAR TOWN BOARD MEETING APRIL 11, 2006 **Resolution#34 - Surplus equipment 1980 Ford Tractor BE IT RESOLVED that the Town Board of the Town of Ulysses declare the 1980 #540 Ford Tractor as surplus equipment and allow Mr. Meeker to take it to auction in Palmyra. **Resolution#35 - Structure to Review Comprehensive Plan BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the following proposed Structure: A Core Committee will be established initially by the Town Board from a pool of highly motivated volunteer citizens selected to represent a broad range of interests and personal and professional experience beneficial to the planning review process. The charge of the Core Committee is to update the current Town of Ulysses Comprehensive Land Use Plan, adopted in 1999, to reflect changes in directions and trends impacting the community now and anticipated over the next 5 -10 years. Working with the Town Planning Board, the Core Committee shall define the goals of primary importance to the Town for consideration in revision of the Plan, using information on past and current land use in the Town, input from public meetings and workshops, and a town -wide survey to help define the land use issues of most concern to the citizens of the Town. The Core Committee shall set its own rules of operation and add members as needed. Upon recommendation of the Core Committee, the Town of Ulysses will contract with a professional planner and for administrative or clerical assistance as needed and as allowed for in the Town budget. These professionals will be supervised by the Chair or Co -Chairs of the Core Committee. Additionally, the Core Committee will have a budget for contractual and incidental expenses of ($500?) for 2006. In order to involve as many citizens as possible, the Core Committee will set up working groups on focal topics of primary importance to the review. The working groups will research and gather information and recommendations on specific focal areas of land use interest as defined by the Core Committee. The working groups will draw on citizens from all aspects of the Town, through public postings and notices in the newspapers. The following topics are suggested, based on issues identified during the recent revision of the Town of Ulysses Zoning Law (passed August 2005) and a public organizational meeting on March 23, 2006 for this Comprehensive Plan review: Transportation - Road corridors, nodes View sheds natural areas (current County initiative to tap into) Development -What are the right types of development for Ulysses? Businesses to attract and promote Housing - Affordable; options for the aging and retirement; cluster development Agriculture - traditional, non-traditional; areas for preservation or growth Tax issues - base growth while preserving character of the town and aspects of value; relationship to school district Infrastructure - water, other Intermunicipal cooperation -Town and Village planning goals; balancing open space preservation with development needs Proposed Initial Core Committee (10 members): Name Residence interest / expertise/ experience Sue Poelvoorde T member of 1999 committee; Environmental planner; housing issues Jennifer Wapinski-Mooradian V younger families; low impact Business, school/children's issues Dick Coogan T Hamlet; knowledge of County Resources and ties; water Infrastructure experience Darien Simon T professional planner; member of Town Planning Board Debbie Watkins V Tax issues; business growth Liz Thomas T Agriculture background; storm water Committee; has time to devote; Intermunicioal cooperation David Tyler T member of 1999 committee; long Term experience on Town Planning Board; attorney with municipal Robert Brown V experience on Village Planning Board; development issues; long term Resident of the Village; Intermunicipal Bob Weatherby T Town Board member during 1999 Plan; traditional Agriculture; Large landowner Heather Filiberto V professional planner; housing; Development; Intermunicipal ration Proposed liaisons to the Core Committee: BZA - Andy Glasner (suggested, not contacted); Town zoning and planning -Alex Rachun (member of 1999 committee); Town Board - Roxanne Marino; Village Planning Board / Comprehensive Planning Committee — TBD List of Interested Citizens (potential focus group participants): Attended the March 23, 2006 meeting or have contacted the Town Board (RM as contact listed) with interest in participating (not including those listed above) Doug Austic (Town Board) Don Ellis (Town Board, Village comprehensive plan) Lysle Gordon Barry Hayes Virginia & Bill Luce Joanne Molino Heather Ness Charles Schlough Rebecca Schneider (Town PB) Lee Scott Scott Sherwood Fred VanDerzee Han VanLeer John Wertis (Town PB) John Wertis Jr. "Resolution#36 - Audit BE IT RESOLVED that the Town Board of the Town of Ulysses, according to Ms. Tyler's guidelines of the opinion audit and the capital funds put out an RFP in the normal ways it is advertised, and have the bids back to the Town Board by May 30`", 2006 and open the bids at the June 2006 Regular Town Board meeting and make the choice of which firm does the audit. Resolution#37 - Rules - Privilege of the Floor Mr. Ellis moved, seconded by Ms. Marino to adopt #1 from the rules submitted by Mr. Dennis as previously entered into the minutes which reads; 1 . Offer privilege of the floor to public near the beginning of a meeting, 3-5 minute limit (you probably do this now). **Resolution#38 - Hire Facilitator for Discussing Rules BE IT RESOLVED that the Town Board of the Town of Ulysses schedule a meeting with the professional facilitator, Susan Motheral, and Further Resolved that all the Board members put their information together and have them help the Board through everyone's issues and come out with some kind of agreement on rules and a better way for the meetings to function. **Resolution#39 - Youth Contract BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Austic to sign the contract with Tompkins County Youth Bureau. **Resolution#40 - Design Sprinkler System for Town Barns BE IT RESOLVED that the Town Board of the Town of Ulysses authorize a design for a sprinkler system for the Town Highway Barn. **Resolution#41 - Communicating About Water District #5 BE IT RESOLVED effective immediately, that the Town Supervisor and his agents will only communicate in writing, including but not limited to e-mail or fax, concerning the proposed Water District #5 on behalf of the Town to individuals, firms, agencies or other entities external to Ulysses Town government upon approval of a majority of the members of the Town Board in office as of January 2006, given at a regular or special meeting of that board. SPECIAL TOWN BOARD MEETING April 24, 2006 **No resolutions - Presentation by Eric Pond on Proposed Water District #5 REGULAR TOWN BOARD MEETING MAY 9, 2013 **Resolution#42 - Authorizing Purchase of Truck BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Highway Superintendent James Meeker to order this truck as specked on State Contract Number PC62176, in the amount of $136,514.80. **Resolution#43 - Resolution Subject to Permissive Resolution to Purchase Truck BE IT RESOLVED that the Town Board of the Town of Ulysses adopts this resolution subject to a permissive referendum to withdraw $136,514.80 from the Highway Equipment Reserve Fund. **Resolution#44 - Clerk for Comprehensive Plan Committee BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes to set aside $2000 for administration/clerical help for the Core Committee Comprehensive Plan through December 31, 2006 and FURTHER RESOLVED that the Town Board appoint Robin Peck and Karin Lanning to share the responsibilities at the current rate of Planning/Zoning Clerk and FURTHER Resolve that Ms. Marino is to serve as the immediate supervisor of this position. **Resolution#45 - Memorandum Of Agreement To Create The Stormwater Coalition Of Tompkins County" WHEREAS, the United States (U.S.) Environmental Protection Agency (EPA) promulgated the Phase II storm water regulations (regulations) in 2003 that require owners and operators of small Municipal Separate Storm Sewer Systems (MS4s) in urbanized areas to obtain a permit to discharge stormwater to the waters of the U.S.; and WHEREAS, the EPA requires MS4s in New York State to obtain permit coverage under the New York State Pollution Discharge and Elimination Systems (SPDES) General Permit for Stormwater Discharges from MS4s (GP -02-02); and WHEREAS, to maintain coverage under GP -02-02, regulated MS4s must prepare and implement a stormwater management program that includes the six minimum control measures as described in GP - 02 -02; and WHEREAS, the MS4s receiving GP -02-02 coverage have been meeting since October 2003 to identify common elements and collaborate on the implementation of their stormwater management plans, and WHEREAS, by working collaboratively and cooperatively to meet the requirements of GP -02- 02, MS4s can make more efficient use of resources allocated to meet the requirements of GP -02- 02; and WHEREAS, this Memorandum of Agreement (Agreement), among the regulated MS4s will create the Storm water Coalition of Tompkins County (Coalition); and WHEREAS, the members of the Coalition will work collectively to meet the requirements of the U.S. EPA Phase II stormwater regulations (40 C.F R. Sections 9, 122, 123, and 124) and the New York State Department of Environmental Conservation's (NYSDEC) SPDES General Permit for Stormwater Discharges from MS4s (GP -02-02), and any amendments thereto; and NOW, THEREFORE BE IT RESOLVED that in consideration of the mutual covenants and agreements hereinafter set forth, members of the Coalition agree as follows: 1. TERM. The term of this agreement shall commence on the date of signature and terminate on March 31, 2008, so as to coincide with the terms of GP -02-02, unless otherwise extended, renewed, or revised. 2. PURPOSE. The purpose of the Coalition is to: A. Exchange information and foster cooperation among MS4s to assist MS4s in compliance with the EPA Phase II stormwater regulations; B. Facilitate the use of resources to assist MS4s in meeting the requirements of the U.S. EPA Phase II stormwater regulations and the permit conditions of GP -02-02 issued by the NYSDEC; C. Identify funding mechanisms to meet the financial needs resulting from compliance with the Phase II Stormwater regulations and GP -02-02; D. Protect and/or improve local water quality in accordance with State, County, and local water quality regulations, planning documents and policies; and, E. Facilitate consistency of stormwater management and regulations across municipal boundaries. 3. MEMBERSHIP A. Each regulated MS4 shall designate a representative and one or more alternates to serve on the Coalition. These representatives will constitute the Coalition members and will be responsible for acting on behalf of their respective MS4s on matters such as facilitating the payment of the annual membership fee, making decisions about financial matters related to the activities of the Coalition, and other administrative matters. B. The Coalition may admit non -permitted MS4s and municipalities as members at the discretion of the Coalition so long as these members agree to undertake all rights and responsibilities included in this Agreement and further conditioned upon payment of the full annual membership fee for that calendar year. C. The Coalition may also approve ex officio representatives of agencies that provide technical or advisory assistance to the MS4s in meeting these regulations... D. The Coalition shall adopt by-laws relating to the conduct of its proceedings and such other administrative matters as it may deem appropriate. 4. FINANCIAL OBLIGATION A. Each permitted MS4 Coalition member shall pay an annual membership fee, which will be used to help fulfill the requirements of GP -02-02. The initial fee schedule is detailed in the "Proposal to Fund the Tompkins County Stormwater Working Group in 2006 (approved by the Stormwater Working Group on August 24, 2005)". Future fee schedules shall be established by the Coalition and detailed in by-laws for the Coalition. B. The Coalition shall submit an invoice for the fee to each Coalition member annually. C. The Coalition shall designate and authorize a qualified entity to, hold and manage separate accounts on behalf of the Coalition, where the annual fees and other funds shall be deposited. These accounts shall be created explicitly for the use of the Coalition. Such designation shall be reviewed and re- authorized on an annual basis. D. The Coalition shall not incur any financial obligations in excess of the funds available to the Coalition. E. Any Coalition member may withdraw from this Agreement upon adoption of resolution by their legislative body and upon 60 days written notice to the full membership of the Coalition. 5. TERMS AND CONDITIONS A. This Agreement may be modified or amended only in writing and duly executed by all Coalition members. B. Each Coalition member shall be solely responsible and liable for its own activities under this Agreement, for obtaining its permit coverage under the SPDES General Permit for Stormwater Discharges from MS4s (GP -02-02), and for the preparation, implementation, operation and maintenance of its own stormwater management program including, but not limited to, the required minimum control measures. 6. MISCELLANEOUS A. This Agreement constitutes the entire Agreement among and between the Coalition members and supersedes any and all prior Agreements between the parties hereto for the services herein to be provided. The Agreement shall be governed by and construed in accordance with the laws of New York State without regard or reference to its conflict of laws and principles. B. If any provision, paragraph, sentence, or clause of this agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such shall not affect the remainder of this Agreement and this Agreement shall be construed and enforced, consistent with its expressed purposes, as if such invalid and unenforceable provision, paragraph, sentence, or clause had not been contained herein. C. If any member withdraws from the agreement pursuant to Section 4 above, the Agreement remains binding for remaining members. D. Each Coalition member represents and warrants to the Coalition, and to the other Coalition members, that it has been fully authorized to execute and to perform this Agreement, and that its execution and performance of this Agreement will not violate any legal duty or restriction. 7. EXECUTION IN WITNESS WHEREOF, this Agreement is signed by the duly authorized representatives of the regulated MS4s on the date written below. Tompkins County Town of Dryden Town of Lansing Town of Caroline Name: Title: Name: Title: Name: Title: Name: Title: Signature: Signature: Signature: Signature: Date: Date: Date: Date: Town of Ithaca Town of Newfield Town of Ulysses Name: Title: Name: Title: Name: Title: Signature: Signature: Signature: Date: Date: Date: Village of Cayuga Heights City of Ithaca Village of Lansing Name: Title: Name: Title: Name: Title: Signature: Signature: Signature: Date: Date: Date: **Resolution#46 - The Local Waterfront Revitalization Program WHEREAS, the Village of Lansing, in conjunction with the Village of Cayuga Heights, the Towns of Ithaca, Lansing, and Ulysses, and the City of Ithaca, initiated preparation of a Local Waterfront Revitalization Program in cooperation with the New York State Department of State, pursuant to Article 42 of the Executive Law; and WHEREAS, a draft Local Waterfront Revitalization Program was prepared and subsequently accepted by all the partner municipalities; and WHEREAS, the Town of Lansing Planning Board has, for the purposes of compliance with the State Environmental Quality Review Act, been lead agency for the environmental review of this project; and WHEREAS, the Town of Lansing Planning Board determined that the Local Waterfront Revitalization Program: Cayuga Lake Waterfront Plan (December, 2004) will not have a significant adverse effect on the environment, and WHEREAS, the Town of Lansing Planning Board made a negative declaration of environmental significance in regard to adoption of the Local Waterfront Revitalization Program: Cayuga Lake Waterfront Plan (December, 2004), now, therefore, be it RESOLVED, on the recommendation of the Village of Lansing Planning Board, that the Local Waterfront Revitalization Program: Cayuga Lake Waterfront Plan (December, 2004) is hereby adopted. SPECIAL TOWN BOARD MEETING MAY 16, 2013 **Resolution#47 - Communication About Water District #5 - removed The resolution related to communication of the Town Supervisor or his agents passed on 4/11/06 was intended to include the Board by vote on any communication by the Supervisor or his agents that would indicate commitment of the Town, application by the Town or authorization by the Town to third parties concerning Water District #5. Be It Resolved that the scope of the Supervisor's and the Town Board members' communications should in all respects conform to the law and the 4/11/06 resolution should be construed as consistent with the law. It is hereby resolved that the above clarification be made part of the 4/11/06 resolution for the record. Don Ellis seconded and discussion ensued. Doug Austic moved to take action on the resolution off the table. Rod Ferrentino seconded. SPECIAL TOWN BOARD MEETING MAY 27, 2006 **Resolution#48 - Review And Edit A Draft Informational Document To Be Mailed Out In Advance Of The Public Information Meeting For Proposed Water District #5. Councilperson Marino made a motion to accept the Informational document as edited tonight and to direct mailing of said document to all Town residents upon verification that the changes requested tonight have been made. Councilperson Ellis seconded. REGULAR TOWN BOARD MEETING JUNE 13, 2006 **Resolution#49 - Establishing Comprehensive Plan Committee BE IT RESOLVED that the Town of Ulysses hereby establishes a special board, called the Comprehensive Plan Committee (hereafter referred to as the Committee), to review and propose amendments to the 1999 Town of Ulysses Comprehensive Plan, as it deems appropriate and in accordance with the detail set forth in Town Law section 272-a. (a) Committee Membership. The Committee shall consist of 12 voting members, appointed by the Town Board. At least one member shall be a member of the Town of Ulysses Planning Board. The Committee will elect its chair and set its own rules of procedure and goals. The Committee may invite citizens to participate at the sub- committee level as necessary. A quorum shall consist of forty (40) percent of the Committee membership (5 people). The Town Board hereby appoints the following residents of the Town of Ulysses to the Committee: Sue Poelvoorde, Jennifer Wapinski-Mooradian, Darien Simon, Debra Watkins, David Tyler, Robert Brown, Robert Weatherby, Liz Thomas, Heather Filiberto, Sue Ritter, John Wertis, and David Kerness. The term of office for Committee appointees shall be three (3) years from the date of this resolution (June 13, 2006), or the date of adoption by resolution of the Town Board of any recommended amendment to the Town of Ulysses Comprehensive Plan, whichever is sooner. In the event that one or more of the aforementioned Committee appointees is unable to continue serving on the Committee, the vacancy will be filled as soon as possible by the Town Board, upon the recommendation from the Committee. The Town Board hereby appoints Roxanne Marino as the Town Board liaison to the Committee, to report to the Board as needed, and Deputy Supervisor Richard Coogan and Zoning and Code Enforcement Officer Alex Rachun as Town of Ulysses staff liaisons to the Committee. (b) Timelines for action. The Committee shall report orally or in writing to the Town Board on a quarterly basis. The Committee shall present in writing an advanced draft of its recommendations, including any proposed amendment to the 1999 Town of Ulysses Comprehensive Plan, to the Town Board for review by June 1, 2008. The Town Board shall refer the Committee recommendations to the Town of Ulysses Planning Board for review and recommendation before action by the Town Board. The target date for completion of all reviews and adoption of any recommendations or amendment to the Town of Ulysses Comprehensive Plan is December 30, 2008. Details of Committee membership, operation, and timelines of action given in this resolution supersede such specifications in any preceding Town Board resolutions referring to creation of a Comprehensive Plan Committee. BE IT FURTHER RESOLVED that the Town Board reaffirms its previous resolution (May 09, 2006) appropriating funds for the FY 2006 for administrative & clerical assistance; continuation of this funding will be considered in the 2007 budget. The Town Board also reaffirms the commitment in its April 11, 2006 resolution establishing a general strategy for review of the Town of Ulysses Comprehensive Plan to engage a professional planner or other assistance as the Committee deems necessary, and hereby authorizes the Committee to hire, subject to appropriation by the Town Board, professional planning or other technical assistance and, BE IT FURTHER RESOLVED that the Committee shall consider the following focus topics, as specified in the April 11, 2006 Town Board resolution, as well as any other topics the Committee deems important, in accordance with Town Law section 272-a (2) and (3): Transportation and Road Corridors, View sheds, Natural Areas and Open Space Preservation, Economic Development and Tax Base, Housing, Agriculture, Intermunicipal Cooperation, Infrastructure Development. In accordance with the February 14, 2006 Town Board Resolution regarding actions on the proposed Water District #5, the Town Board requests that the Committee consider water infrastructure development as early in their review process as possible. **Resolution#50 - Public Hearing Set for Local Law#1- 2006 "A Local Law Providing For The Defense Of Ulysses Officers And Employees And Certain Volunteers" BE IT RESOLVED that the Town Board of the Town of Ulysses schedules a Public Hearing to be held on July 11`", 2006 at 7:15 PM prior to the Regular Town Board meeting on the purposed Local Law #12006. **Resolution#51- Communication of Water District #5 Whereas the Ulysses Town Board passed a resolution on April 11, 2006 stating that the Town Supervisor and his agents will only communicate in writing concerning the proposed Water District #5 on behalf of the Town, upon approval of a majority of the members of the Ulysses Town Board, And whereas it has been recommended by the Attorney for the Town (Bruce Wilson) in his opinion dated May 9, 2006 that said resolution be revised to make the intent clear relative to free speech issues and Board authority, Be it resolved that the intent of said April 11, 2006 resolution was as follows: The Town Board acknowledges and respects the Constitutional right of all citizens to free speech; the resolution was in no way intended to restrain this right for the Supervisor or any other Town official. The resolution does not pertain to communication as an individual, but only to the authority to speak in writing on behalf of the Town of Ulysses. It was not intended to impede the ability of the Supervisor to perform basic duties as designated under Town Law, but to ensure that the Town Board, as the Executive body, be kept fully engaged in the decision-making process regarding the proposed Water District #5 project. **Resolutions #52 - Support to Form Tompkins County Council of Government BE IT RESOLVED that the Town Board of the Town of Ulysses supports the design criteria of the Tompkins County Council of Government. **Resolution #53 - Beautification Grant Whereas: The Tompkins County Board of Legislators has awarded each town in the county a beautification grant of $5000.00 each, and Whereas: Several of the project suggestions in the grant proposal are in the village, the proposal would split the grant equally between the Village of Trumansburg and the Town of Ulysses, each municipality receiving a matching grant of $2500.00, and Whereas: At the regular village board meeting of June 12, 2006 the village board accepted their share of the grant responsibility, and Whereas: This is an opportunity for the Town of Ulysses to take advantage of monies generated through the room taxes of local tax paying businesses to make an effort to enhance the town's tourist appeal, Now therefore it be resolved that: The Town of Ulysses Town Board resolves to accept the community beautification grant as offered by the Tompkins County Board of Legislators, and Be it further resolved: That funds shall be appropriated in the amount of $2500.00 in cash or in kind labor to cover the matching portion of the grant and our share of promotional brochures provided for town and village use. SPECIAL TOWN BOARD MEETING JUNE 14, 2006 - PUBLIC INFORMATION FORUM WATER DISTRICT #5 -NO RESOLUTIONS SPECIAL TOWN BOARD MEETING JUNE 26, 2006 **Resolution#54 - Audit Bid Acceptance BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the lowest bid from Sciarabba Walker & Co., LLP in the amount of $10,000 for a full opinion audit not including GASB 34. FURTHER RESOLVED that the audit be completed and presented to the Town Board of the Town of Ulysses on or before October 10, 2006. **Resolution#55 - Public Hearing Allowing West Hill Church in Water District #3 BE IT RESOLVED that the Town Board of the Town of Ulysses set a public hearing for July 11, 2006 at 7:00 PM for the purpose of hearing public comments on including West Hill Church at 3049 VanDorns Corners Road, Tax Parcel #34-1-27 in Water District #3. **Resolution#56 - Part II Draft Gatekeeper Resolution WHEREAS the Town Board is the Executive body charged with speaking and acting on behalf of the Town (Town Law Section 64), unless such powers are specifically delegated by resolution to the Supervisor, as per Town Law Section 29(16), or to another individual, BE IT RESOLVED that effective immediately it is required policy in the Town of Ulysses that any application (full or partial, new or revised) for grant funding or financing, or request for evaluation of funding potential, or any request for review or approval of any project proposed by the Town of Ulysses to any government agency or other entity external to Ulysses Town government be approved by the Town Board before it is submitted to the appropriate agency. IT IS ALSO HEREBY the policy of the Town of Ulysses that a copy of this resolution will be provided to any engineering or other consulting firm engaged by the Town, at the time a contract is signed. THIS RESOLUTION hereby supersedes all previous Town Board resolutions which may be interpreted as giving the Supervisor, any other member of the Town Board, or any professional contracted with by the Town of Ulysses the authority to make applications (full or partial) for grants, loans, or any other type of project financing, make contractual commitments (verbal or written) on behalf of the Town, or otherwise act in any legal or official capacity on behalf of the Town of Ulysses. ALL TOWN BOARD members including the Supervisor shall identify whether they are speaking by authority of the Board or as an individual when talking with third parties. THE TOWN BOARD FURTHER RESOLVES that at the organizational meeting of the Town Board each January, all resolutions passed from this date forward authorizing the Supervisor, individual Town board members, or any other agents or consultants of the Town to act on behalf of the Town will be reviewed. The Supervisor shall provide copies of all such resolutions in effect to seated and incoming Town Board members at least two weeks prior to such meeting. **Resolution#57 - Hire Bolton Point for Inspection on Back Flows Devices Ms. Tyler moved to hire Bolton Point at a $100 for the inspections on the back flow devises and bill the customers for it. Public Hearing July11, 2006 - Local Law # 1- 2006 - A Local Law Providing for the Defense of Ulysses Officers and Employees and Certain Volunteers REGULAR TOWN BOARD MEETING JULY 12, 2006 **Resolution #58 - Retirement Bonus Pay BE IT RESOLVED that the Town Board of the Town of Ulysses pay David Linn as per the established policy for 32 years @ $20 per year $640. **Resolution#59 - Swapping Town Roads/County Roads BE IT RESOLVED that the Town Board of the Town of Ulysses to authorize Mr. Meeker to go ahead with the process and recognizing that it all has to come back to the Town Board after all the documents and legal work has been done. **Resolution #60 - Approves Grading at the Fairgrounds BE IT RESOLVED that the Town Board of the Town of Ulysses approve that the Town provides that the grading work be done at the Fairgrounds and not to exceed $300. **Resolution #61 - Local Law#1- 2006 A Local Law Providing For The Defense Of Ulysses Officers And Employees And Certain Volunteers Whereas: The Town of Ulysses Town Board wishes to ensure that its elected and appointed officials, employees and volunteer board members are duly protected from civil actions and provide defense thereof, and Whereas: By adopting a local law to provide such guarantees is a long term commitment by town government to protect its employees as defined in the Local Law rather than an annual resolution, and Whereas: The Attorney for the Town has presented and reviewed Local Law # 1 of 2006 for adoption, and Whereas: A duly advertised public hearing was held on July 11, 2006 to take comments on the local law, Now Therefore Be It Resolved that the Town Board of The Town of Ulysses enact Local Law #1 of 2006 as follows: LOCAL LAW # 1- 2006 A LOCAL LAW PROVIDING FOR THE DEFENSE OF ULYSSES OFFICERS AND EMPLOYEES AND CERTAIN VOLUNTEERS Be it enacted by the Ulysses Town Board of the Town of Ulysses and the State of New York as follows: Section 1. As used in this Local Law, unless the context otherwise requires: a. The term "employee" shall mean any Town Supervisor, member of the Town Board, Town officer, Town employee, Town volunteer expressly authorized by the Town to participate in a publicly sponsored volunteer program, or any other person holding a Town position by election, appointment or employment in the service of the Town, whether or not compensated, but shall not include an independent contractor. The term "employee" shall include a former employee of the Town, his/her estate or judicially appointed personal representative. b. The term Town shall mean Town of Ulysses, a New York State municipal corporation. Section 2- a. Upon compliance by the employee with the provisions of section 3 of this Local Law, the Town shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting or in good faith purporting to act within the scope of his/her public employment or duties including, without limitation, any civil action or proceeding arising out of any alleged act or omission in which it is alleged that the officer or employee has violated the civil rights of the claimant, petitioner or plaintiff under sections 1981 and 1983 of the U.S. Civil Rights Act (42 U.S.C. sections 1981 and 1983). Such defense shall not be provided where such action or proceeding is brought by or on behalf of the Town. b. Subject to the conditions set forth in this Local Law, the employee shall be represented by the Town attorney or an attorney employed or retained by the Town for the defense of the employee. The Town Board of the Town shall employ or retain an attorney for the defense of the employee, and reasonable attorneys' fees and litigation expenses shall be paid by the Town to such attorney employed or retained, from time to time, during the pendency of the civil action or proceeding subject to certification by the Supervisor that the person is or was an employee. Payment of such fees and expenses shall be made in the same manner as payment of other claims and expenses of the Town. Any dispute with respect to representation of multiple employees by the Town attorney or by an attorney employed or retained for such purposes or with respect to the amount of the fees or expenses shall be resolved by the court. c. Where the employee delivers process and request for a defense to the Town attorney or the Supervisor as required by section 3 of this Local Law, the Town attorney or the Supervisor, as the case may be, shall take the necessary steps, to retain including the retention of an attorney under the terms and conditions provided in paragraph (b) of this section, on behalf of the employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Town to provide a defense. d. Subject to the conditions set forth in this Local Law, the Town shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state or federal court, or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or claim arose occurred while the employee was acting within the scope of his/her public employment duties; provided further that in the case of a settlement, the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of settlement by the Town Board of the Town. The duty to indemnify and save harmless prescribed by this subdivision shall not arise where (1) the injury or damage resulted from intentional wrongdoing or fines or penalties, or money recovered from an employee pursuant to section 51 of the General Municipal Law, provided, however, the Town shall indemnify and save harmless its employees in the amount of any costs, attorneys' fees, damages, fines or penalties which may be imposed by reason of an adjudication that an employee, acting within the scope of his/her public employment or duties, has, without willfulness or intent on his/her part, violated a prior order, judgment, consent decree or stipulation of settlement entered in any court of this state or of the United States. Section 3. a. The duties to defend provided in this Local Law shall be contingent upon (1)delivery to the Town attorney or, if none, to the Supervisor of the original or a copy of any summons, complaint, process, notice, demand or pleading within five days after he/she is served with such document and (2) the full cooperation of the employee in the defense of such action or proceeding and defense of any action or proceeding against the Town based upon the same act or omission, and in the prosecution of any appeal. Such delivery shall be deemed a request by the employee that the Town provide for his/her defense pursuant to this Local Law, unless the employee shall state in writing that a defense is not requested. b. The duty to indemnify and save harmless prescribed by this Local Law shall be conditioned upon full cooperation of the employee in the defense of such action or proceeding and in defense of any action or proceeding against the Town based upon the same act or omission, and in the prosecution of any appeal. c. Upon entry of a final judgment against the employee, or upon the settlement of the claim, the employee shall serve a copy of such judgment or settlement, personally or by certified or registered mail, within thirty days of the date of entry or settlement, upon the Supervisor of the Town; and if not inconsistent with the provisions of this section, the amount of such judgment or settlement shall be paid by the Town. Section 4. The benefits of this Local Law will inure only to employees as defined herein and shall not enlarge or diminish the rights of any other party nor shall any provisions of this Local Law be construed to affect, alter or repeal any provisions of the Workers' Compensation Law. Section 5. The provisions of this Local Law shall not be construed to impair, alter, limit or modify the rights and obligations of any insurer under any policy of insurance. The Town is directed to provide reasonable insurance coverage pursuant to General Municipal Law § 52. Section 6. As otherwise specifically provided in this Local Law, the provisions of this Local Law shall not be construed in any way to impair, alter, limit, modify, abrogate or restrict any immunity available to or conferred upon any unit, entity, officer or employee of the Town or any right to defense provided for any governmental officer or employee by, in accordance with, or by reason, any other provision of state or federal statutory or common law. Section 7. The provisions of this Local Law shall apply to all actions and proceedings specified herein which have been commenced, instituted or brought on or after the effective date of this Local Law. Section 8. This Local Law shall take effect immediately upon filing in the office of the Secretary of State of the State of New York as provided in section 27 of the Municipal Home Rule Law. **Resolution #62 - Public Hearing Annual MS4 Stormwater Report BE IT RESOLVED that the Town Board of the Town of Ulysses set a Public Hearing for July 24`h at 7:00 PM to hear the Annual Report for the MS4 Stormwater Report. **Resolution#63 - Adding West Hill Church to Water District #3 Whereas: The West Hill Community Church has duly petitioned to be included as part Ulysses Water District #3, and Whereas: A map, plan and report has been completed and filed with the Town of Ulysses, and Whereas: Said map, plan and report determined that there are no financial costs of the proposed district extension to the residents in Ulysses Water District #3, and Whereas: A duly advertised public hearing was held on July 11, 2006 at 7:00 pm, and Whereas: The Attorney for the Town has reviewed all information presented and found to be consistent with the requirements of Article 12 of Town Law, Now Therefore it is Resolved that: Tax Parcel 34.-1-27 is added to Ulysses Water District # 3 with all of the rights and privileges thereof. **Resolution #64 - Follow Procedure to Enforce Water District Law on Back Flow Inspection BE IT RESOLVED that the Town Board of the Town of Ulysses acting as Water Commissioners authorize the Supervisor to go ahead and take action to assure the safety of the Town's water system and proceed with the procedure in Water District #3 Local Law. **Resolution #65 - Correcting Mr. Meeker's Pay BE IT RESOLVED that the Town Board of the Town of Ulysses correct the error made in 1974 where Mr. Meeker's pay was reported short to the NYS Retirement Association and FURTHER RESOLVED that the Town Board authorize Mr. Austic to pay to NYS Retirement the amount of $322 and the interest of $282 they want to charge Mr. Meeker and Mr. Meeker would be responsible for the other $108.48 due. PUBLIC HEARING JULY 24, 2006 - ANNUAL STORMWATER SPECIAL TOWN BOARD MEETING JULY 24, 2006 **Resolution #66 - Authoring Mr. Coogan to Sign MUNICIPAL COMPLIANCE CERTIFICATION (MCC) FORM BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Richard Coogan to sign the MUNICIPAL COMPLIANCE CERTIFICATION (MCC) FORM to be submitted to NYS Department of Environmental Conservation under Phase II SPDES General Permit. **Resolution #67 - Sign Contract with Sciarabba Walker BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Supervisor Austic to sign the contract with Sciarabba Walker for an audit for the year ending December 31, 2005. **Resolution#68 - Appoint Planning Board Member Barbara Bristow BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Barbara Bristow to the Town of Ulysses Zoning Board of Appeals to fill the unexpired term of Joel Warren until December 2008. **Resolution #69 - Form Joint Committee for Discussion of Water #5 BE IT RESOLVED that the Town Board of the Town of Ulysses form a joint committee of 6 (six) (if the Village is willing) (3 Town Board members and 3 Village Trustees) and FURTHER RESOLVED that the purpose is to research and rationalize this process of Water District #5 information in such a way that decisions can be made well and the public can be well informed of the basis for those decisions. To amend the motion to include a timeline and have a report available jointly to both Village Trustees and the Town Board by December 15`", 2006, providing information is available. Ms. Tyler, Ms. Marino and Mr. Austic are appointed to this committee representing the Town Board. **Resolution#70 - Energy Audit BE IT RESOLVED that the Town Board of the Town of Ulysses have a free energy audit done by NYSEG at the Town Hall and the Town Barns. REGULAR TOWN BOARD MEETING AUGUST 8, 2006 **Resolution#71- Accept The Following Memorandum Of Understanding With Tompkins County - Classification of Roads This Agreement is by and between the Town Of Ulysses, 10 Elm St. Trumansburg, New York 14886, hereinafter referred to as the "Town" and the Tompkins County, 125 East Court St., Ithaca, New York 14850, hereinafter referred to as "County'. Whereas, Tompkins County maintains 41.94 miles of roads in the Town, and in reviewing the classification of said roads, it has been determined that the roads, as noted in Attachment A, have been deemed local in classification. It has also been determined that other roads that are currently Town roads should be County roads. The parties agree as follows: On September 1, 2006, at 12:01 am, Krums Comers Road, (approximately 0.7 miles) shall become County Road 141, and On September 1, 2006, at 12:01 am, Iradell Extension (approximately 0.2 miles) shall become County Road 177, and On September 1, 2006, at 12:01 am, Agard Road, (County Road 144, approximately 1.41 miles), shall become a Town Road, and On September 1, 2006 at 12:01 am, Falls Road (County Road 143F, approximately 1.58 miles), shall become a Town Road. This Memorandum shall be effective upon execution, It is further agreed that both parties to this agreement will work cooperatively to assure the maximum benefit to the residents of Tompkins County. Transfer of roads to the Town shall be in accordance with the guidelines as noted and agreed upon by both parties, as noted on Attachment A. After Oct. 1, 2006 if the County and Town Superintendent agree on work that has been completed the County Attorney shall submit the final paperwork to the Town of Ulysses Attorney for review. The documents will then go to The Town of Ulysses Town Board. **Resolution#72 - Transferring Money for Audit BE IT RESOLVED that the Town Board of the Town of Ulysses transfer $8000 from A1990.4 Contingency Fund and increase A1320.4 Audit Fund. **Resolution#73 - Adopting Rules and Procedures RULES and PROCEDURES TOWN OF ULYSSES RULES and PROCEDURES FOR TOWN BOARD MEETINGS Be it resolved that all rules listed herein are adopted as the Rules of Order for all meetings and types of meetings of the Town Board. 1. Meetings, Defined and Called 1.1. Regular Meetings of the Board The Board will meet at 7:00 PM on the second Tuesday of each month. Meetings will be conducted in the boardroom at the Town Hall. The Board Member known as the Supervisor shall preside. In the absence of the Supervisor the members present, assuming a quorum, shall elect a Chair for the meeting from the Board members present. 1.2. A working meeting of the Board will convene at 7:00 PM on the fourth Monday of each month. Meetings will be conducted in the Town Hall. The themes should be announced the proceeding Friday in writing, but this is also the venue for introducing new themes. A formal Agenda is not required. At least the Agenda for the Regular Meeting should be discussed. Business tabled at the Regular Board Meeting may be resolved if so designated. 1.3. Calling Special Meetings Special meetings of the Town Board are all those Town Board meetings other than Regular or Working Meetings. A Special Meeting may be called by the Supervisor upon two - calendar day's written notice to the entire Town Board. For the meeting to address any motions the Supervisor, if challenged, must be able to demonstrate that effective notice has been given. Additionally, the Supervisor must call a Special Meeting within ten calendar days of a written request by any two Councilpersons. 1.4. Special Meetings, Public Hearing Public Hearings may be called according to the State or Local, Law or Ordinance that applies. The intervals of time specified in such Laws and Ordinances are the minimum intervals for the giving of notice. Notice shall be published in the both the Ithaca Journal and also the Trumansburg Free Press whenever possible. 2. Meetings, Forms 2.1. Notice Written notice may be sent by regular postal mail or email. The preferred method for notice is by email. The sender must list the other four members in the "cc:" field. A reply from any one member must be a "reply to all". All members will be considered to have received the notice if all reply to it. Members are responsible for keeping their addresses of record current, both postal and email. 2.2. Quorum A Quorum shall be required to conduct business and pass any resolution. A Quorum of the five -member Town Board shall be three. In the absence of a Quorum, a lesser number may adjourn and compel the attendance of absent members. 2.3. Majority and Supermajority A Majority of the five -member Town Board shall be three, all present. There is no proxy voting. A Supermajority shall be four in all cases. 2.4. Executive Sessions Executive Sessions shall be held in accordance with the N.Y. Public Officers Law Section 105.11 Executive Sessions may be commenced in a Regular or Special Meeting. The member making a motion shall state the basis for going to Executive Session under the law for Executive Session. The Board must also by resolution designate any persons other than the Board Members who may attend and state who it is in the minutes. Minutes will not generally be kept of an executive session. 3. Meetings, Order of Business 3.1 Agendas The Agenda for all meetings, except the Working meeting, shall be prepared by the Supervisor. The Supervisor, or any other Councilperson, or any other elected Town Official may have an item placed on the Agenda. Items must be submitted by the end of the day 6 days prior to the distribution of the agenda. The Supervisor shall include any items so requested. Items of Interest requiring no action shall be given to the Supervisor for listing in the Agenda at least 1 day before the meeting. Transmission by email notice, as above, is acceptable. 3.2 Agenda Order for Regular Meeting: 1. 7:00 Board Review of Claims 2. 7:30 Call To Order, Pledge of Allegiance 3. Approval of Minutes: Regular Town Board 3/14 4. Approval of Claims 5. Reports of Representatives A. (3 Min) County Legislator B. (3 Min) Village Representative C. (3 Min) Trumansburg Fire Department D. (3 Min) Planning Board Report 6. Privilege of The Floor To The Public With 1 Minute Limit (May ask for continuance if added to the Agenda of this or a later meeting.) 7. Privilege of Floor To Board Members With 2 Minute Limit 8. Town Reports (15 Min) a. Highway Superintendent b. Code Enforcement Officer c. Town Clerk d. Board Member And Committees e. Supervisor f. Deputy Supervisor 9. Old Business a. xxx b. xxx 10. New Business a. xxx b. xxx 11. Public Comments 12. Correspondence 13. Additional Items 3.3 Meetings, Adjournment The motion to adjourn is not debatable, but the Supervisor may, after the second, describe the nature and consequence of adjourning with any scheduled business left unfinished. 3.4 Questions of Order Questions of Order beyond these Rules are to be resolved by reference to Robert's Rules of Order. The Board shall annually name a Parliamentarian from among the Board Members to issue ruling from Roberts for questions not covered under these rules. The Parliamentarian will read the basis for the ruling aloud. Any such ruling shall prevail unless over ruled by a Supermajority. 4. Conducting a Meeting 4.1. Seating Board Members will be seated together. Any privileged speaker will be seated at some place that is separate from the public seating. This separation is necessary to avoid confusing the public as to who may speak. 4.2. Public Decorum An opening statement shall be made in every meeting directing those who are present as to their behavior, what is expected of them, and when it is that they may participate. In the event of disruptive behavior, the public shall be told that after one warning, any person speaking, or otherwise being disruptive, during the Board proceeding will be asked to leave. Disruptive behavior shall be name-calling, swearing, defaming, shouting, addressing persons inappropriately, or other similarly disruptive behaviors found offensive by the Supervisor or a majority of the Board. At any time the Supervisor may address the public on matters having to do with process and decorum. This shall be done promptly when there is a breach and there shall be no exceptions. 4.3. Public Decorum When Speaking When invited to speak a member of the public shall be instructed to give their name, first and last. The Clerk will immediately interrupt to repeat back that name and to state that person's pertinent role in the community if any. As an example, "Jane Doe, Jane is the Supervisor in the Town of Hector." In speaking, the public should address the whole Board. The speaker may not speak to other persons in the room, nor may other persons speak to them, except that persons appearing with a domestic partner, family member, or councilor may have the orderly support of the other person. If that is the case, that person shall give his or her name and in repeating the name the Clerk will clarify the second person's role relative to the f rst. 4.4. Board Decorum A Board Member wishing to speak may assume the privilege by simply entering the conversation during a pause. A member who raises a hand for privilege shall be recognized next by the Supervisor. The Supervisor shall assign order of speaking based on the order in which hands are raised. Members may not speak simultaneously and may not interrupt each other. The Supervisor shall interrupt any member who speaks continuously for more than one minute. Generally, a member who has not yet addressed the question shall be given privilege over those who have. The Board shall address only the Supervisor, other Board members, and the privileged speakers. 4.5. Members speaking with the Public Board members shall not address the public except during the time allocated for public participation, and then only when the Supervisor indicates that they may do so. The indication shall only be made when the Board member indicates an interest in speaking with the person in the public. 5. Motions: 5.1. Motions Defined The business of the board shall be conducted as a series of motions. Any Board Member may make any Motion at any time when there is no other Motion on the floor. If the Motion fits clearly within an item listed later on the Agenda the Supervisor may rule it out of order. 5.2. Seconds to Motions A motion shall not be discussed until it has a Second. A member making a Motion may restate it once in seeking a Second, but may not argue for the Second. 5.3. Voting on Motions Voting shall be by stating "Aye" or "Nay". The Clerk shall immediately state the outcome. 5.4. Presentation of Motions It is preferred that Motions be in writing prior to the meeting and must be in writing if they are instructions to anybody or person. A Motion maybe written out during the meeting. Ideally, new Motions are presented first at a Working Session. New Motions may be presented at a Regular Meeting and acted upon if copied to all members by 5 PM on the preceding Friday to meeting. 5.5. Motions without Notice A New Resolution offered without notice may be debated, but unless there is a Supermajority to waive these Rules it shall be tabled without a vote, and unless withdrawn by the Board Member making the Motion, it will automatically be on the Agenda of the next Regular Meeting. 5.6. Motion Exceptions The Supervisor may present Emergency Motions without notice. They may be ruled out of order by a Supermajority. 6. Standing of these Rules 6.1. These Rules apply to all meetings of the Town Board, including Working Meetings and Special Meetings. 6.2. Enactment, Amendment or and Permanent Removal of these Rules require a Supermajority voting in two Regular Meetings. 6.3. The Rules may be waived during any session by a Supermajority. Such waivers stand for only the session when voted. **Resolution#74 - Expending Money For Sidewalk Extension to Fairgrounds BE IT RESOLVED that the Town Board of the Town of Ulysses spend up to $10,000 to extend the sidewalk from the Village of Trumansburg line to the Trumansburg Fairgrounds ticket booth. SPECIAL TOWN BOARD MEETING AUGUST 28, 2006 "Resolution #75 - Change Date of September Town Board Meeting BE IT RESOLVED that the Town Board of the Town of Ulysses change the date of the Town Board Regular meeting to September 11`h, 2006. REGULAR TOWN BOARD MEETING SEPTEMBER 11, 2006 -RESCHEDULED NO QUORUM REGULAR TOWN BOARD MEETING SEPTEMBER 19, 2006 - No resolutions SPECIAL TOWN BOARD MEETING SEPTEMBER 25, 2006 **Resolution#76 - Recreation Partnership BE IT RESOLVED that the Town Board of the Town of Ulysses will notify the Recreation Partnership by October 1, 2006 that the Town will remain a member of the Partnership for the calendar year 2007, to enable children in the Town of Ulysses, Village of Trumansburg and Trumansburg School District to continue to participate at the lower member fees in Recreation Partnership programs for 2007. BE IT ALSO RESOLVED that the Supervisor will appropriate $6,083 in the 2007 Town of Ulysses tentative budget for the Recreation Partnership. This commitment is for one calendar year. The Town will withdraw from the Recreation Partnership as of January 1, 2008. FURTHER, the Ulysses Town Board resolves to form a committee of key stakeholders to evaluate youth recreation options in Ulysses and Trumansburg for the 2008 calendar year and beyond, beginning in January 2007. Asa key part of this effort, the Town will engage the County Youth Services Department to provide technical and planning assistance to such committee, to help identify youth needs, inventory local programs, and to evaluate a variety of different options for meeting the needs of Ulysses and Trumansburg children and youth. This County service offered at no cost to municipalities. **Resolution#77 - Recreation Partnership Support by Tompkins County WHEREAS, the Tompkins County Recreation Partnership is a unique collaboration among 11 Tompkins County municipalities which allows youth from Ulysses and other municipalities to participate in recreational programs to meet new friends, learn new skills, and have positive new experiences in well - supervised appropriate activities at an affordable price, and WHEREAS, by collaborating and pooling resources, the Partnership offers a wider and more affordable array of recreational programs than any single local government could offer on its own, according to a cost-sharing formula wherein the Town of Ithaca, City of Ithaca, and Tompkins County each contribute one-quarter, enabling eight smaller municipalities to share the remaining one-quarter, and WHEREAS, the Tompkins County Administrator recently requested the Tompkins County Youth Services Department to describe the impact of withdrawing full County financial support from the Recreation Partnerships, and WHEREAS, withdrawal of County support for the Recreational Partnership would create a funding gap that increased user fees could not fill, and WHEREAS, a partial cut in County funding to the Recreation Partnership contributed to a reduction in the number of Recreation programs from 39 to 30, and WHEREAS, withdrawal of County support for the Recreational Partnership would dramatically reduce the number of recreational programs offered to youth by the Recreation Partnership, and WHEREAS, withdrawal of County support for the Recreational Partnership could ultimately jeopardize the existence of the partnership, and WHERAS, continuing full County support for the Recreation Partnership will encourage inter -municipal cooperation with 10 other municipal partners, THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses affirms the importance of providing well -supervised recreational programming for youth, and also BE IT RESOLVED that the Town Board of the Town of Ulysses strongly encourage the Tompkins County Legislature to continue its support for the Recreation Partnership, and also BE IT RESOLVED that the Town Board of the Town of Ulysses strongly encourage the Board of the Recreation Partnership to develop funding streams in addition to municipal contributions to reduce the strain on its municipal partners. SPECIAL TOWN BOARD MEETING OCTOBER 4, 2006 **Resolution#78 - Appointment Of Town Historian BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Ms. Dickson as the Town Historian and Ms. Dean as Deputy Town Historian. FURTHER RESOLVED that Ms. Dickson, Town Historian be compensated at $800 per year and Ms. Dean Deputy Town Historian to be compensated at $200 per year. REGULAR TOWN BOARD MEETING OCTOBER 10, 2006 **Resolution#79 - Joining Tompkins County Council of Governments WHEREAS, Town of Ulysses has joined the Tompkins County Council of Governments, and WHEREAS, the Council of Governments has resolved to apply for an incentive award under the New York State Shared Municipal Services Program, and WHEREAS, the grant will assist the municipalities in Tompkins County to create a local health consortium, and WHEREAS, the health care consortium will seek to develop health care coverage for all municipalities with the intent to provide a net savings to the taxpayers of Tompkins County, now therefore be it , RESOLVED, on recommendation of Town Board Committee, that the Supervisor is hereby authorized to act on behalf of the Town of Ulysses to all matters related to this grant, RESOLVED, further, that the County of Tompkins shall be designated as the Lead Applicant and that the County Administrator is authorized to act as the contact person for this grant. **Resolution#80 - Alternate to the Tompkins County Council of Governments BE IT RESOLVED that the Town Board of the Town of Ulysses nominate Don Ellis to serve as alternate to the Tompkins County Council of Governments. **Resolution#81- Support Of A Shared Services Grant To Explore Hiring A Storm Water Inspector. BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Mr. Coogan to send a letter of intent to Sharon Anderson and the Cayuga Watershed in support of a shared services grant to explore hiring a storm water inspector. **Resolution#82 - Letters Of Intent To Support Intermunicipal Grant Application BE IT RESOLVED that the Town Board of the Town of Ulysses proceed to issue its letter of intent and send to the Town of Ithaca, Town of Covert, and the Village of Trumansburg requesting that they respond with their letters of intent to support this grant and the Town of Ulysses will go ahead writing the grant pending a final resolution of approval of the Town Board before submitted to Albany. SPECIAL TOWN BOARD MEETING OCTOBER 17, 2006 **Budget Workshop - no resolutions SPECIAL TOWN BOARD MEETING OCTOBER 23, 2006 **Resolution#83 - Hiring Town Attorney Mariette Geldenhuys BE IT RESOLVED that the Town Board of The Town of Ulysses approves to hire Mariette Geldenhuys as the Town Attorney SPECIAL TOWN BOARD MEETING OCTOBER 26, 2006 **Resolution#84 - Contract Survey Research Institute for Comprehensive Plan Survey BE IT RESOLVED that the Town Board of the Town of Ulysses enter into a contract with Cornell Survey Research Institute as a consultant to review, analyze and assist with the Comprehensive Plan Survey as requested by the Comprehensive Plan Committee, FURTHER RESOLVE this contract will not exceed $5000. SPECIAL TOWN BOARD MEETING OCTOBER 31, 2006 **Resolution#85 - Move 2007 Budget to Preliminary Budget BE IT RESOLVED that the Town Board of the Town of Ulysses to move the 2007 tentative budget to the Preliminary Budget. PUBLIC HEARING NOVEMBER 9, 2006 - 2007 Budget REGULAR TOWN BOARD MEETING NOVENBER 14, 2006 **Resolution #86 - Lead Agency And Appoints Richard Coogan, Deputy Supervisor, As Lead Contact for Shared Service Grant WHEREAS a resolution is required authorizing Deputy Supervisor Richard Coogan to submit an application as lead contact person to the Department of State Share( Municipal Services Incentive Grant (2006-2007 Program Year) for a feasibility study for shared Stormwater Services for the Towns of Ulysses, Caroline, and Newfield and authorizing Supervisor Douglas Austic as Financial Administrator for this grant project, WHEREAS Sharon Anderson, Steward for the Cayuga Lake Watershed Network, is willing to facilitate and mediate the process for reaching the inter -municipal agreement: for shared services, WHEREAS the funds solicited through this program shall be used for the express purposes of finding a cost effective solution for complying with the NYS DEC requirements for a regulated MS4 district in rural municipalities and establish in the necessary legal agreements, WHEREAS the project cost is estimated to be $50,600 with $46,000 from grants funds and $4,600 from local share with the largest portion of expenses coming from legal fees based on existing contracts and arrangements the municipalities have for legal services, and WHEREAS the Town of Caroline and the Town of Newfield are willing partners for this project, and establish a steering committee with membership from each of the Town Boards to implement the grant. THEREFORE BE IT RESOLVED that the Town of Ulysses supports this project, Stormwater Services for the Towns of Ulysses, Caroline, and Newfield. BE IT FURTHER RESOLVED that the Town of Ulysses is willing to act as lead agency and appoints Richard Coogan, Deputy Supervisor, as lead contact for the project and Doug Austic, Supervisor, as financial administrator for the grant **Resolution#87 - Agreement with Attorney Mariette Geldenhuys BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Mariette Geldenhuys as the Attorney of the Town with the following agreement: 1. This agreement for legal services is made by and between LoPinto, Schlather, Geldenhuys & Salk, Attorneys at Law ("the firm"), Mariette Geldenhuys, Esq. of counsel, and the Town of Ulysses ("the client"), of 10 Elm Street, Trumansburg, New York 14886. This agreement constitutes a binding legal contract and should be reviewed carefully. 2. The client retains the firm to render services in connection with acting as general legal counsel for the Town in all legal matters, including, but not limited to, attendance at the monthly meetings of the Town Board and the reservation of one hour each week, at a regular, set time, during which Board members may call to discuss Town business. 3. The client understands that the hourly rates apply to all time expended relative to the client's legal representation, including but not limited to office meetings and conferences; telephone calls and conferences, either placed by or placed to the client or otherwise made or had on the client's behalf or related to the client's legal representation; preparation, review and revision of correspondence, local laws and ordinances, contracts., pleadings, motions, disclosure demands and responses, affidavits and affirmations, or any other documents, contracts, memoranda, or papers relative to the client's legal representation; legal research, court appearances, conferences, file review, preparation time, travel time (not including travel time to and from the Town of Ulysses), and any other time expended on behalf of or in connection with the client's legal representation. 4. The client has the absolute right to cancel this retainer agreement at any time. Should the client exercise this right, the client will be charged only the fee expenses (time charges and disbursements) incurred within the period prior to the cancellation of this agreement, based upon the hourly rates set forth in this retainer agreement. 5. The client agrees to pay to the firm such additional fees and to reimburse it for advances on the client's behalf that may be due from time to time not later than 30 days from the date that the firm submits a bill to the client for same. Any amounts remaining unpaid after 30 days will incur interest charges at the rate of 12% per annum. 6. a. The retainer fee shall be credited based upon the following hourly rates: Attorneys: $150.00 per hour Paralegals: $100.00 per hour Legal services will be provided primarily by Mariette Geldenhuys, ESQ. b. In addition to the foregoing, the client's responsibility will include direct payment or reimbursement of the firm for disbursements advanced on the client's behalf, the same to include, but not necessarily be limited to; court filling fees, recording fees, charges of process servers, travel expenses (not including travel to and from the Town of Ulysses), telephone charges, messenger services, transcripts and the customary fees of stenographers referable to examinations before trial the event such examinations are utilized. c. By reason of mounting costs, it may be necessary from time to time for the applicable time, charges to be increased. However, any such increase will be subject to the client's agreement... 7. The client will be billed periodically, generally each month but in no event less frequently than every 60 days. Included in the billing will be a detailed explanation of the services rendered, by whom rendered and the disbursements incurred by the firm in connection with the client's legal representation. Upon receipt of the bill, the client is expected to review it and promptly bring to the firm's attention any objections the client may have to the bill. While the firm strives to keep perfectly accurate time records, they recognize that possibility of human error, and shall discuss with the client any objections the client raises to the bill. The client will not be charged for time expended in discussing with the firm any aspect of the bill. 8. The client is advised that if, in the firm's judgment, it decides that there has been an irretrievable breakdown in the attorney-client relationship, or a material breach of the terms of this retainer agreement, the firm may decide to make application to the court in which any action on behalf of the client is pending to be relieved as the client's attorney. In such event, the client will be provided with notice of the application and an opportunity to be heard. Should any fees be due and owing to the firm at the time of its discharge, the firm shall have the right, in addition to any other remedy, to seek a charging lien, i.e., a lien upon the client's property. 9. The client understands that legal assistants and/or paralegals are often called upon to assist in document production, file organization, preparation and review of financial statements and data, and such other duties as are assigned by the firm. 10. It is the firm's policy to retain all client files for ten years following the conclusion of the client's legal representation. The client has the right to take custody of the file at any time after the firm's representation of him or her is concluded. In the event that the client does not take custody of the file within the ten-year period following the conclusion of the matter, it will be destroyed thereafter without further notice to the client. 11. The client's signature at the end of this agreement indicates that this fee arrangement meets with client's approval. **Resoloution#88 - Adoption of 2007 Budget BE IT RESOLVED THAT THE Town Board of the Town of Ulysses adopt the 2007 Town of Ulysses Budget as modified. SPECIAL TOWN BOARD MEETING NOVEMBER 27, 2006 - Review of Zoning Law PUBLIC HEARING DECEMBER 12, 2006 - proposed DEC Model Stormwater Laws. REGULAR TOWN BOARD MEETING DECEMBER 12, 2006 **Resolution#89 - Funding Brochure "Touring the Towns of Tompkins County" BE IT RESOLVED that the Town Board of the Town of Ulysses contributes $200 towards the design and printing of a brochure called "Touring the Towns of Tompkins County". **Resolution#90 - Sign Drug and Alcohol Testing Policy BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Supervisor Austic to sign the Tompkins County Consortium "Federal Motor Carrier Safety Administration" Drug and Alcohol Testing Program Policy. **Resolution #91- Town Wide Mailing Of The Pre -Application Forms for Better Housing Grant BE IT RESOLVED that the Town Board of the Town of Ulysses resolve to have Better Housing proceed with the Town wide mailing of the pre -application forms and prepare the maps beginning in January 2007. **Resolution#92 - Appoint Chairman of Planning Board - Ken Zeserson BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Ken Zeserson as Chairman to the Planning Board for 2007. **Resolution#93 - Employee Gift Certificate BE IT RESOLVED that the Town Board of the Town of Ulysses approve the distribution of the $50 gift certificates to the employees and the volunteer staff on the various boards. **Resolution#94 - Motion to Approve B & L Scope of Service WHEREAS, the Village of Trumansburg has requested that the Town of Ulysses be prepared to supply the village with a source of water that is adequate to serve as a primary source, and WHEREAS, information presented at several meetings has revealed a concern of the Town of Ithaca about their ability to supply such a source is questionable, and WHEREAS, the Town of Ulysses has a reserve fund sufficient enough to allow funding a study to determine the specifics of the major concerns of the Town of Ithaca and, once determined, to estimate the cost of such infrastructure needed to relieve the concern and be able to supply a source of water that is adequate to serve as a primary source as requested, and WHEREAS, Barton and Loguidice has completed considerable engineering and study of water delivery systems within the town, and has provided a scope of services that is not to exceed $7000 to do a study of Infrastructure Needs, Trumansburg Water Supply Assessment (Scope of Services 3 of November 27, 2006), now BE IT RESOLVED that the Town Board of the Town of Ulysses engage B&L to conduct a study to investigate, in conjunction with the Town of Ithaca and the Village of Trumansburg, solutions enabling the service of a source of water that is adequate to serve as a primary source for the Village of Trumansburg through the Town of Ulysses. In addition, realizing that the ultimate source for the Village of Trumansburg would be SCLIWC; authorizes the Town Supervisor to enter into talks with the commission, with one week prior notice to the Ulysses Town Board, to ensure that the water supply will be available if needed. **Resolution#95 - To Engage The Services Of Barton & Loguidice To Conduct A Study To Investigate BE IT RESOLVED that the Town Board of the Town of Ulysses adopted a resolution December 12, 2006 at their Regular Town Board meeting to engage the services of Barton & Loguidice to conduct a study to investigate, in conjunction with the Town of Ithaca & Village of Trumansburg, solutions enabling the service of a source of water that is adequate to serve as a primary source for the Village of Trumansburg through the Town of Ulysses. FURTHER RESOLVE that the Town Board of the Town of Ulysses requests that the Village of Trumansburg engage their engineer to participate in the study and that the joint committee that was set up continues to meet in January 2007 to process the information. Also have EFC'S representative, J. V. Smith come sometime in February once the Boards have this information. FURTHER RESOLVE that the Town Board of the Town of Ulysses start discussing a survey and how to best do it in January.