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Home My WebLink About2008 Index of Resolutions.pdf Table of Contents INDEX OF 2008 RESOLUTIONS ................................................................................................................. 4 JANUARY 4, 2008 ORGANIZATIONAL MEETING ................................................................................ 4 1. Monthly Meeting Schedule ...................................................................................................... 4 2. Designate News Media ............................................................................................................. 5 3. Mileage Rate ............................................................................................................................ 5 4. Authorize Supervisor to incur expenses to $3000 ..................................................................... 5 5. Building Maintenance to incur expenses to $1500 .................................................................... 5 6. Bond Undertakings ................................................................................................................... 5 7. Annual Report .......................................................................................................................... 5 8. Designate Ithaca Journal Official Publication ............................................................................ 5 9. Tompkins County Trust designated Depository ......................................................................... 5 10. Authorize Supervisor to pay in advance contracts ................................................................. 6 11. Supervisor Appointments ..................................................................................................... 6 12. Town Clerk Appointment ...................................................................................................... 6 13. Highway Superintendent Appointment ................................................................................ 6 14. Justice Appointment............................................................................................................. 6 15. Town Board Appointments ................................................................................................... 6 16. WAGES AND SALARIES FOR 2008 .......................................................................................... 7 17. Time Cards ........................................................................................................................... 8 18. Requesting to be on Agenda ................................................................................................. 8 19. Special Needs ....................................................................................................................... 8 20. Department Audit ................................................................................................................ 8 21. Highway Shared Service ....................................................................................................... 8 JANUARY 8, 2008 REGULAR TOWN BOARD MEETING........................................................................... 8 22. Budget Modifications ........................................................................................................... 8 23. SPCA Contract .................................................................................................................... 10 24. Senior & Disability Exemption............................................................................................. 10 REGULAR TOWN BOARD MEETING FEBRUARY 12, 2008 ..................................................................... 11 25. Proceed WITH SPCA Contract and Interview Covert Dog Catcher ....................................... 11 26. Interview Candidates for Judge ................................................................................................ 11 27. Planning Board Appointment – Rod Hawks .............................................................................. 11 28. Appoint Water Needs Committee ............................................................................................ 11 29. Set Date for Development District – Kline/Cirri ......................................................................... 11 30. Appoint Comprehensive Plan – Roxanne Marino ..................................................................... 11 31. Contract with Tompkins County Soil and Water for Stormwater .............................................. 12 32. Format of Minutes .................................................................................................................. 12 SPECIAL TOWN BOARD MEETING FEBRUARY 15, 2008 ....................................................................... 12 Update on Propose Water District #5 ............................................................................................. 12 SPECIAL TOWN BOARD MEETING FEBRUARY 21, 2008 ....................................................................... 12 Conference call with NYS Health Department ................................................................................ 12 PUBLIC HEARING FEBRUARY 25, 2008 ................................................................................................ 12 Kline / Cirri Development Districts ..................................................................................................... 12 SPECIAL TOWN BOARD MEETING FEBRUARY 28, 2008 ....................................................................... 12 33. Negative Declaration for SEQR – Cirri Development District .................................................... 12 34. Negative Declaration SEQR – Kline Development ..................................................................... 12 REGULAR TOWN BOARD MEETING MARCH 11, 2008 ......................................................................... 13 35. Appointment OF Chris Austen – Dog Control Officer ................................................................ 13 36. Appointment OF Judge – Thomas Schlee .................................................................................. 13 37. SEQR for the Shared Service Municipal Grant Application ........................................................ 13 38. Re-scheduling 2nd Town Board Meeting] .................................................................................. 14 39. Adopting Development Districts No. 11 – Cirri And No. 5 - Kline .............................................. 14 SPECIAL TOWN BOARD MEETING MARCH 27, 2008 ........................................................................... 21 40. Approve mailing “save the Date” Comprehensive Plan ............................................................. 21 REGULAR TOWN BOARD MEETING APRIL 8, 2008 .............................................................................. 21 41. Introducing WATER DISTRICT #6............................................................................................... 21 SPECIAL TOWN BOARD MEETING APRIL 24, 2008 ............................................................................... 25 42. Creation of Dog Control Position .............................................................................................. 25 43. Signing Ag Grant ...................................................................................................................... 25 44. Support TCOG to Review Health Benefits ................................................................................. 25 45. Alternate to Attend TCCOG – Liz Thomas ................................................................................. 26 46. Committees & Appointees Report to TB every 6 months ......................................................... 26 47. Appoint to Water Resource Council – Krys Cail ......................................................................... 26 REGULAR TOWN BOARD MEETING MAY 13, 2008 .............................................................................. 26 48. Planning Board Review ............................................................................................................. 26 49. Dog Control Officer Contract .................................................................................................... 27 REGULAR TOWN BOARD MEETING JUNE 10, 2008 ............................................................................. 29 50. Hire Bergmann to Present Comprehensive Plan ...................................................................... 29 51. Hire Ben Carver for Secretary to Comprehensive Plan .............................................................. 29 52. Mailing of Water Survey ........................................................................................................... 29 53. Establish Water Advisory Board ............................................................................................... 29 Introduced Highway Posting Law Vehicle and Traffic Regulation .................................................. 30 Introduced Amending Dog Law to Increase fees ............................................................................. 30 SPECIAL TOWN BOARD MEETING JUNE 26, 2008 ............................................................................... 30 No Resolutions .............................................................................................................................. 30 PUBLIC HEARING JULY 8, 2008 ........................................................................................................... 30 Public Hearing on Local Law #1 – Dog Licensing Fees ..................................................................... 30 Public Hearing on Local Law#2 – Vehicle and Traffic ....................................................................... 30 REGULAR TOWN BOARD MEETING JULY 8, 2008 ................................................................................ 30 55. Water Advisory Committee Appointments .............................................................................. 30 56. Adopting Local Law#1 – 2008 – Amending 1979 Dog Law to Increase Fees ............................... 30 57. Adopting Local Law#2 – 2008 – Vehicle and Traffic Regulation ................................................ 31 58. Set Temporary “No-Parking Signs” Grass Roots ....................................................................... 31 59. Complimentary Grass Roots Tickets ......................................................................................... 31 60. Amend Code of Ethics to Increase Amount of Gift to $75 ......................................................... 32 REGULAR TOWN BOARD MEETING SEPTEMBER 9, 2008 .................................................................... 32 61. Planning Board Appointment – Stan Beams ............................................................................. 32 SPECIAL TOWN BOARD MEETING OCTOBER1, 2008 ........................................................................... 32 Presentation of Comprehensive Plan to Town Board...................................................................... 32 SPECIAL TOWN BOARD MEETING OCTOBER 2, 2008 .......................................................................... 32 Budget Workshop .......................................................................................................................... 32 REGULAR TOWN BOARD MEETING OCTOBER 14, 2008 ...................................................................... 32 62. Authorize Court to Apply Justice Court Assistance Program Grant ............................................ 32 63. Approve Code of Ethics Memorandum .................................................................................... 32 Date SPECIAL TOWN BOARD MEETING OCTOBER 15, 2008 ................................................................ 33 Budget Workshop .......................................................................................................................... 33 SPECIAL TOWN BOARD MEETING OCTOBER 20, 2008 ........................................................................ 33 Budget Workshop .......................................................................................................................... 33 SPECIAL TOWN BOARD MEETING OCTOBER 29, 2008 ........................................................................ 33 64. Moved Tentative 2009 Budget to Preliminary Budget .............................................................. 33 PUBLIC HEARING NOVEMBER 6, 2008 ................................................................................................ 33 Public Hearing on 2009 Preliminary Budget ................................................................................... 33 REGULAR TOWN BOARD MEETING NOVEMBER 10, 2008 ................................................................... 34 65. Adopt 2009 Budget .................................................................................................................. 34 66. Bookkeeping Accountability ..................................................................................................... 34 REGULAR TOWN BOARD MEETING DECEMBER 9, 2008 ...................................................................... 35 67. Budget Modifications for 2008 Budget ..................................................................................... 35 68. Reduce Speed on Pennsylvania Ave. and South Street Extension .............................................. 35 69. Training on Ethics Policy .......................................................................................................... 36 70. Posting of Budget on Web Site ................................................................................................ 36 71. Employee Gift Certificate ......................................................................................................... 36 INDEX OF 2008 RESOLUTIONS JANUARY 4, 2008 ORGANIZATIONAL MEETING 1. Monthly Meeting Schedule 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. 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 and/or Ulysses Web Site. 3. 4. Mileage Rate BE IT RESOLVED mileage at a rate of 50.5 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. 5. Authorize Supervisor to incur expenses to $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. 6. Building Maintenance to incur expenses to $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. 7. Bond Undertakings BE IT RESOLVED the following bond undertakings for Town Officials is hereby approved as follows: A. Town Clerk/Tax Collector $250,000 B. Justices (2) $4,000 each C. Court Clerical $4,000 D. Code Enforcement Officier $1,000 E. Highway Superintendent $1,000 F. Town Supervisor $500,000 G. Deputy Supervisor $15,000 H. Deputy Town Clerk $15,000 8. 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. 9. Designate Ithaca Journal Official Publication BE IT RESOLVED the Ithaca Journal shall be and are hereby designated as the official Town publication. 10. Tompkins County Trust designated Depository 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, FURTHER RESOLVED the Town investments can be made at other banks as outlined in the Towns investment policy as approved by the Town Board. FURTHER RESOLVED that the Town shall follow the Procurement Policy in making purchases for the Town. 11. Authorize Supervisor to pay in advance contracts BE IT RESOLVED the Town Board authorizes the Supervisor to pay in advance of audit of claims for utilities, postage and Board approved contractual agreements which if delayed may result in loss of discounts or the accrual of service charges. 12. Supervisor Appointments A. Deputy Supervisor Dick Coogan B. Liaison to Highway Dept. Rod Ferrentino C. Building Maintenance Doug Austic D. Liaison to Village Bd. Liz Thomas E. Personnel Liaison. Lucia Tyler F. Planning Bd./BZA Liaison David Kerness G. Fire Dept . Liaison Doug Austic H. Bookkeeper Doug Austic 13. Town Clerk Appointment Deputy Clerk Patricia Halloran 14. Highway Superintendent Appointment Deputy Superintendent David Reynolds 15. Justice Appointment Court Clerk Michelle Townley 16. Town Board Appointments A. Code Enforcement Officer Alex Rachun B. Deputy Code Enforcement Officer Mark Hassan C. Planning Board Ch air Ken Zeserson D. Planning Board Member John Wer tis (2 seats open) E. BZA Member & Chair George Tselekis F. Board of Assessment Review (2) Coogan / Duddleston G. Cleaning Contract Laurie MacCheyne H. County Youth Bureau Vacant I. Joint Yo uth Comm. Liaison Liz Thomas J. Town Attorney Mariette Geldenhuys K Environ. Mngt. Council (EMC) Lucia Tyler L. R. Reps. To Joint Youth Comm. Deb Austic/ Vonderweidt M. Ithaca/Tompkins County Transportation Council Planning Committee Sue Poelvoorde N. Ithaca/Tompkins County Transportation Council Policy Committee Dick Coogan O. TC Emergency / Disaster Comm. Fire Dept -Jason Fulton P. Water Resources Council Roxanne Marino ? Q. BZA Members George Tselekis R. TCCOG Reps. Austic, Rep. /Coogan Alt. S. Rec. Partnership rep Marino T. Historian / Deputy Karen Dickson / Nan Dean U. T C Transportation TCAT Lucia Tyler V. Cayuga Lake Watershed / TC Stormwater Dick Coogan/David Kerness W. BZA Member / Chairman George Tselekis X. TCCOG – TC Council of Government Austic/Coogan Y. Rec. Partnership Roxanne Marino Z. Town Historian / Deputy Dickens / Dean AA. Liaison Comp Plan Liz Thomas BB. Clerk PB, ZB, and Comp. Plan Robin Carlisle Peck CC. Water Superintendent Doug Austic DD. Water Clerk Marsha L. Georgia EE. Economic Opportunity David Kerness FF. Trumansburg Fair Liaison Rod Ferrentino 17. WAGES AND SALARIES FOR 2008 ELECTED OFFICIALS: Town Supervisor $11820yr Bookkeeper $187764/yr Town Council (4) $3805/ yr Ea. Town Clerk/Collector $44854/ yr Highway Superintendent $52941/ yr Town Justice (2) $14598/yr Ea. APPOINTED OFFICIALS AND EMPLOYEES Deputy Town Clerk – Patty Halloran $27040/yr Deputy Supervisor – Richard Coogan $17.21/hr Building Inspector – Alex Rachun $19829/yr Zoning Officer – Alex Rachun $18820/yr Deputy Zoning Officer – Mark Hasson $16.64/hr Justice Clerical – Michelle Townley $29798/yr Planning/Zoning Clerk – Robin Peck $14.72/ hr Deputy Highway Superintendent – D. Reynolds $19.34/ hr Highway Employees – Rand, Switzer, Stevenson, Manciocchi $13.52-14.34/ hr Planning Manager – Richard Coogan $17.21/hr 18. Time Cards BE IT RESOLVED all employees shall turn in a time card by the end of the last day of the pay peri od, 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. 19. Requesting to be on 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. 20. Special Needs BE IT RESOLVED any individual having any special needs and wishing to attend a meeting please advice the Town Clerk of the special requirements at least one week prior to the meeting. (ADA) 21. 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 January 9, 2008(by law on or befo re 1/20) 22. Highway Shared Service 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. JANUARY 8, 2008 REGULAR TOWN BOARD MEETING 23. Budget Modifications BUDGET MODIFICATIONS General Fund A 1. Increase A 1010.1 by .20 2. Increase A 1010.4 by 46.13 3. Increase A 1110.1 by 36.12 4. Increase A 1110.4 by 316.41 5. Increase A 1220.1 by .08 6. Increase A 1411.1 by .04 7. Increase A 1620.04 by 327.97 8. Increase A 1670.4 by 1190.21 9. Increase A 3510.4 by 1128.00 (missed a payment in 2004) 10. Increase A 5010.1 by .12 11. Increase A 5182.4 by 50.74 12. Increase A 7310.1 by 182.32 13. Increase 9030.8 by 435.20 Total Increases 3713.54 Decrease A 1990.4 by 3713.54 General Fund B 1. Increase B 3620.1 by .12 2. Increase B 8021.1 by 852.20 3. Increase B 9060.8 by 176.08 Total Increases 1028.40 1. Decrease B 8011.1 by 1028.4 Highway Town Wide DA Fund 1. Increase DA 5130.2 by 7198.10 2. Increase DA 5140.4 by 42.00 Total Increases 7240.10 1. Decrease DA 5142.1 by 7240.10 Highway Part Town DB Fund 1. Increase DB 9010.8 by 4129.67 1. Decrease DB 5110.1 by 4129.67 Water District # 3 1. Increase 8310.1 by 376.04 2. Increase 8340.1 by 196.16 3. Increase 8340.4 by 5783.20 Total Increases 6355.40 1. Decrease 8320.4 by 5043.76 2. Decrease 9710.6 by 1311.64 Total Decreases 6355.40 24. SPCA Contract BE IT RESOLVED that the Town Board of the Town of Ulysses except the 4 (four) month contract (Amendment) with the Tompkins County SPCA which reads “effective January 1, 2008, the Town will pay the SPCA $1050 (=150% of the January 2007 monthly rate) per month, payable on or before the 15th of the respective month. Effective April 1, 2008, this amount becomes $1,400 (200% of the 2007 monthly rate). FURTHER RESOLVE that the Town Board of the Town of Ulysses will continue to investigate and interview the current Town of Covert’s Dog Control Officer. FURTHER RESOLVE that a letter be requested from Abigail Smith, Executive Director, SPCA with a tentative cost to use the SPCA’s facilities when a dog is picked up and have the letter include a statement of the SPCA's view of the Town of Ulysses handling dog control. 25. Senior & Disability Exemption WHEREAS, the Town Board of the Town of Ulysses has established a maximum income real property tax exemption eligibility level, pursuant to Section 467 and Section 459 of the Real Property Tax Law, and WHEREAS, the Town Board extended eligibility by establishing a sliding scale of exemption percentages for those with income between $27,000 and $34,500 pursuant to the Real Property Tax Law, NOW THEREFORE BE IT RESOLVED, tha t the resolution establishing a maximum income exemption level for persons 65 years of age or older and disabled persons adopted pursuant to Real Property Tax Law Section 467 & Section 459, are amended to read as follows: ANNUAL INCOME PERCENTAGE ASSESSED VALUATION EXEMPT FROM TAXATION SENIOR & DISABILITY $0 - $27,000 50% $27,001 - $27,999 45% $28,000 - $28,999 40% $29,000 - $29,999 35% $30,000 - $30,899 30% $30,900 - $31,799 25% $31,800 - $32,699 20% $32,700 - $33,599 15% $33,600 - $34,499 10% $34,500 - $35,399 5% FURTHER RESOLVE, that the Town Board of the Town of Ulysses enacts sub section RPTL 467 (6b) allowing the automatic renewal of the senior citizen real tax exemption and the “persons with disabilities and limited income” RPTL 459-C exemptions. REGULAR TOWN BOARD MEETING FEBRUARY 12, 2008 26. Proceed WITH SPCA Contract and Interview Covert Dog Catcher BE IT RESOLVED that the Town Board of the Town of Ulysses proceed with the new contract with the SPCA and interview the gentleman from the Town of Covert at the Board’s next meeting on February 28th. 26. Interview Candidates for Judge BE IT RESOLVED that the Town Board of the Town of Ulysses set a date to interview the interested candidates for Ulysses Judge before March 11th, 2008 27. Planning Board Appointment – Rod Hawks BE IT RESOLVED that the Town Board of the Town of Ulysses approved Rod Hawks for the Planning Board filling the term of Mr. Kerness ending 12/2009. 28. Appoint Water Needs Committee BE IT RESOLVED that the Town Board of the Town of Ulysses appoint the following individuals who have requested to be members of the subject committee:  Sue Ritter, Chair  Bill Coon  Bill Kappel  Steve Morreale  Lanny Joyce  Joyce Leslie  David Kerness 29. Set Date for Development District – Kline/Cirri BE IT RESOLVED that the Town Board of the Town of Ulysses set a public hearing to be held February 25th, 2008 at 7:30 PM and to be located at the Trumansburg Fire Department. FURTHER RESOLVED that the public hearing will be for the Cirri Development and the Kline Development with SEQR hearings for both developments. A special board meeting will immediately follow the hearings if needed. 30. Appoint Comprehensive Plan – Roxanne Marino BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Roxanne Marion to the Ulysses Comprehensive Plan Committee. 31. Contract with Tompkins County Soil and Water for Stormwater BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Mr. Austic to sign the contract with Tompkins County Soil and Water for Stormwater Investigations. 32. Format of Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses direct the Town Clerk to go back to the original format of the minutes and included some discussions in the record. SPECIAL TOWN BOARD MEETING FEBRUARY 15, 2008 Update on Propose Water District #5 SPECIAL TOWN BOARD MEETING FEBRUARY 21, 2008 Conference call with NYS Health Department PUBLIC HEARING FEBRUARY 25, 2008 Kline / Cirri Development Districts SPECIAL TOWN BOARD MEETING FEBRUARY 28, 2008 33. Negative Declaration for SEQR – Cirri Development District NEGATIVE DECLATION // CIRRI WHEREAS a duly advertised public hear ing for SEQR review was held on February25, 2008 at the Trumansburg Fire Hall in Trumansburg, NY and WHEREAS the Ulysses Town Board has reviewed the information supplied by the owner on Part I of the Full Environmental Assessment form, and reviewed Part II and other supporting information, and WHEREAS the Ulysses Town Board, as Lead Agent for SEQR review, has considered both the magnitude and importance of each environmental impact of the proposed project and has reasonably made a decision on those impacts, now THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses has determined the project for the Cirri Planned Development District will not result in any significant environment impact; therefore declare a Negative Declaration will be prepare d. 34. Negative Declaration SEQR – Kline Development NEGATIVE DECLATION // KLINE WHEREAS a duly advertised public hearing for SEQR review was held on February25, 2008 at the Trumansburg Fire Hall in Trumansburg, NY and WHEREAS the Ulysses Town Board has reviewed the information supplied by the owner on Part I of the Full Environmental Assessment form, and reviewed Part II and other supporting information, and WHEREAS the Ulysses Town Board, as Lead Agent for SEQR review, has considered both the magnitude and importance of each environmental impact of the proposed project and has reasonably made a decision on those impacts, now THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses has determined the project for the Kline Planned Development District will not result in any significant environment impact; therefore declare a Negative Declaration will be prepared. REGULAR TOWN BOARD MEETING MARCH 11, 2008 35. Appointment OF Chris Austen – Dog Control Officer BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Chris Austen as the Dog Control Officer for the Town of Ulysses. 36. Appointment OF Judge – Thomas Schlee Whereas historically the Town of Ulysses has functioned with two justices until Justice Christine Springer passed away in December 2007; and Whereas having two justices assures better accessibility for law enforcement officers when the needs arise; and Whereas having access to only one justice is a concern to key law enforcement officers who cover the Town of Ulysses which includes the Village of Trumansburg; and Whereas the Town of Ulysses was approached by three well-qualified candidates for the justice position who were then interviewed by the Town Board; and Whereas appointing a new justice will allow plaintiffs some flexibility as to when they appear in court since any of the potential justices have indicated they will hold court in the evening to complement Justice Rector’s court which is held during the day; and Whereas training for the justice position begins in late March; and Whereas appointing a justice prior to the elections will allow citizens to observe his performance and make a well-educated decision at election time; Therefore, be it hereby resolved that the Ulysses Town Board will appoint Thomas Schlee as Justice for the Town of Ulysses for the period of March 12, 2008 until December 31, 2008. 37. SEQR for the Shared Service Municipal Grant Application BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the SEQR as presented by Mr. Austic. 38. Re-scheduling 2nd Town Board Meeting] WHEREAS the 2nd scheduled Town Board meeting was set for the 4th Thursday in the morning at the organizational meeting and some feedback has been received from residents about daytime meetings being very inconvenient; BE IT RESOLVED that the Town Board of the Town of Ulysses re-schedule the 2nd Board meeting to the 4th Thursday at 7 – 9 PM. 39. Adopting Development Districts No. 11 – Cirri And No. 5 - Kline DEVELOPMENT DISTRICT #11 – CIRRI RESOLUTION of the Town Board of the Town of Ulysses establishing and authorizing Development District No.11 pursuant to Article IV Section 5 of the Town of Ulysses Zoning Law dated Nove mber 28, 2007. WHEREAS, application has been made to the Town Board by Michael & Melinda Cirri, for a Planned Development District pursuant to Ulysses Zoning Law, Article IV Section 5 , New York State Route 96, in Ulysses Township being a portion of tax p arcel No. 20.-3-9.2; and, WHEREAS, establishing a Development District is a zoning amendment, the provisions of Article X, Section 2, are applicable and have been complied with; and WHEREAS, the application was referred to the Town Planning Board pursua nt to Section 5(b) of Article N, and said Planning Board has unanimously approved the application pursuant to Section 5(c) at a meeting on December 28, 2007 and, WHEREAS, the Town Board, after due publication and notice, has held a public hearing on February 25, 2008, hearing applicants’ presentation and public comment thereon, and receiving a full environmental assessment form for a Type I action under the State E nvironmental Quality Review Act; and WHEREAS, the Town Board has made its findings and issued a negative declaration of significance dated February 28, 2008, under SEQR as to the re-zoning issue; and WHEREAS, the Town Board has received by letter dated December 18, 2007, being a review by the Tompkins County Planning Department under General Municipal Law §239 - I & m, wherein they have determined that the proposed action has no negative inter -community, or county-wide impacts; and WHEREAS, the proposed district has been determined to be in compliance with the Town of Ulysses Comprehensive Plan dated 1999 in that residents wanted to “create recreational opportunities within the Town to encourage tourists to extend their visit”. WHEREAS, the current Development District No. 5 in the current Town of Ulysses Zoning Law, belonging solely to David Kline shall be subdivided in two (2) parcels with each new parcel becoming a separate Development District; one being retained by David Kline and the other parcel being sold to Michael Cirri for a family Entertainment Center. If the subdivision and sale of property does not occur within six (6) months after the Town Board approval for the Development Districts then the property shall revert to its current Developme nt District No. 5 in the Town of Ulysses Zoning Law as amended December 2007 and NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses hereby establishes, Development District No. 11 Allowed Uses The purposes for which the district may be used are as follows: 1. Family Entertainment Center including the following activities: a. Two eighteen (18) hole miniature golf, b. Seven (7) batting cage complex, c. Ten (10) operating electric go carts at any one time, d. Six (6) outdoor trampoline pits, e. Corn maze ≤ 4 acres, f. Picnic/playground area with covered outdoor pavilion. 2. Retail sales of clothing, promotional merchandise, and sports gear. 3. Retail sales of non prepared food items over the counter or via vending machines. 4. Prepared food items if permits are obtained from the necessary agencies. Town Board review required to assure all permits are obtained. 5. Indoor arcade game center District Area and Boundaries ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ulysses, County of Tompkins, and State of New York, and being part of Military Lot Nos. 8 and 14 in said Town, more particularly bounded and described as follows: BEGINNING at a point in the southwesterly line of New York State Route 96 (Ithaca-Trumansburg Turnpike), said point being located South 61º15’ 35” West a distance of approximately 33 feet from a point in the center line of said New York State Route 96 that is located northwesterly measured along said center line a tie measurement of 1,731.66 feet, more or less, from the point of intersection of said center line with the center line of Cold Springs Road; Thence South 61º 15’ 35” West (passing through a point marked by an iron pin at 9 feet and through a point marked by another iron pin at an additional 531.60 feet) a total distance of approximately 578.10 feet to a point that is on the “approx. location zoning boundary” as labeled on a survey map entitled “SURVEY MAP SHOWING LANDS OF DAVID G. KLINE LOCATED ON NYS RTE. 96, TOWN OF ULYSSES, TOMPKINS COUNTY, NEW YORK” completed by T.G. Miller, P.C., Engineers & Surveyors, dated 5/21/07; Thence in a northwesterly direction on a line labeled “approx. location zoning boundary” on the aforementioned map, said line being parallel with the southwesterly line of said N ew York State Route 96 a distance of approximately 1,237.5 feet to a point marked by an iron pin at the northwesterly corner of premises of Kline and being located in the southerly boundary line of premises reputedly owned by Stover as shown by instrument recorded in the Tompkins County Clerk’s Office as Instrument No. 1146394-001; Thence South 86º 21’ 38” East (passing through a point marked by an iron pin at 716.80 feet) a total distance of 733.72 to a point in the southwesterly highway line of said New York State Route 96; Thence South 34º 34’ 17” East along the southwesterly highway line of New York State Route 96 a distance of 845.77 feet to the point and place of beginning, being that Parcel A on the above referenced survey map currently located in Development District No. 5 as shown on the aforementioned survey map. District Specifications Business Hours shall be limited to the following: a. 9:00 am to 11:00 pm Monday, Tuesday, Wednesday, Thursday and Sunday, b. 9:00 am to 12:00 am Friday and Saturday, c. All activity sales [16.3.11 (a) 1a-1f] are to cease one hour prior to closing time with exception of the go cart track to start operation at 10:00 am and cease at 11:00 pm. Yards Yards shall conform to Article XVII Section 17.2.1. Noise Noise shall conform to Article XVII Section 17.2.2 with the following restriction: a. Go carts 75 dbs measured at the district boundary with a maximum of 10 carts operating at full throttle during go cart operating hours as specified in Section 16.3.11 (c). b. Overall noise restriction for the total complex shall not exceed 90 dbs measured at the boundary of the district, and shall be governed by the standard Article XVII Section 17.2.2 and for all other hours at 55 dbs as specified in 16.3.11 (c). Odors Odors shall conform to Article XVII Section 17.2.3 Parking Standards for Parking The owner is required to provide 48 off-street parking spaces for phase-one and to maintain additional open space required in the Planning Board requirements that can be developed for future parking up to a maximum of 113 spaces if the owner determines the need for additional parking with the additional phases of construction. b. Parking Design Standards shall conform to Article XVII 17.3.2 for a B1 Business District with the exception of 1 tree per 10 parking spaces in or around the parking lot. Signs a. One self-illuminating sign not to exceed 24 square feet, referring to the use of the premises, is authorized. The bottom of said sign shall not be more than five feet from the ground. In the event that a self-illuminating sign is not available or deemed unfeasible, the light source used to illuminate said sign shall meet all specifications in Article XVII, Section 4.1. b. Two business directional signs subject to the standards set forth in Article XVII, Section 4.3. Outdoor Lighting a. Security lighting during non operating hours for the building and throughout the premises shall be at a maximum of .5 foot candles. b. All outdoor lighting shall comply with Article XVII Section 17.5 during operating hours per Section 16.3.11 (c). A maximum of .2 foot candles at the district boundary during all hours per section 16.3.11 (c). Vegetative Buffers The existing vegetative buffers (trees and hedgerows) to the North and West boundaries shall be materially maintained. Construction The following have been reviewed as approved construction pending proper permits as applicable. a. Miniature Golf course, 18 holes, 25,000 square feet, b. Electric go cart track for maximum of 10 carts operating, and no greater then 1,000 linear feet. c. Batting cage complex maximum of 7 positions, d. Second miniature golf course, 18 holes, 25,000 square feet layout per master plan of 12/18/07. e. 1,500 square foot single level building to support operations, f. 450 Square foot pavilion, g. 1,250 square foot storage shed, h. Two (2) 150 square foot gazebos, i. Playground and picnic area maximum of 3,000 square feet. BE IT RESOLVED that the approval and establishment of Development District No. 11 shall be conditioned upon the following: A. Approval by the Planning Board of the Town of Ulysses of the subdivision of Development District 5 into two parcels, one parcel containing the newly created Development District No. 11 and the other containing the reconfigured Development District 5; and B. Closing of the sale of the property where Development District No. 11 is to be located by David Kline to Michael and Melinda Cirri no later than six months from the date of this resolution. This Development District No. 11 shall be effective after the above-referenced conditions have been met and upon legal notice and filing of this resolution. DEVELOPMENT DISTRICT NO. 5 – AUTOMOBILE BUSINESS - DAVID KLINE RESOLUTION of the Town Board of the Town of Ulysses establishing and authorizing Development District No.5 pursuant to Article IV Section 5 of the Town of Ulysses Zoning Law dated November 28, 2007. (Formerly Development District No. 9, created February 14, 1984, amended May 31, 1984, October 10, 1090, June 19, 1997, and October, 1, 1998) (Formerly Development District No. 5, amended August 2005) WHEREAS, application has been made to the Town Board by David Kline, for modification of Planned Development District No. 5 pursuant to Ulysses Zoning Law, Article IV Section 5 , New York State Route 96, in Ulysses Township being a portion of tax parcel No. 20.-3-9.2; and, WHEREAS, establishing a Development District is a zoning amendment, the provisions of Article X, Section 2, are applicable and have been complied with; and WHEREAS, the application was referred to the Town Planning Board pursuant to Section 5(b) of Article N, and said Planning Board has unanimously approved the application pursuant to Section 5(c) at a meeting on December 28, 2007 and, WHEREAS, the Town Board, after due publication and notice, has held a public hearing on February 25, 2008, hearing applicants presentation and public comment thereon, and receiving a full environmental assessment form for a Type I action under the State Environmental Quality Review Act; and WHEREAS, the Town Board has made its findings and issued a negative declaration of significance, on February 28, 2008 under SEQR as to the re-zoning issue; and WHEREAS, the Town Board has received by letter dated December 18, 2007, being a review by the Tompkins County Planning Department under General Municipal Law §239 - l & m, wherein they have determined that the proposed action has no negative inter -community, or county-wide impacts; and NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses hereby establishes, with the stipulation that the tractor trailers, used for storage now on the property shall be removed by January 15, 2009. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Ulysses hereby approves the amendment of Development District No. 5 as follows. Allowed Uses The purposes for which the district may be used are as follows: 1. Automobile, farm equipment and truck repairs, including all types of mechanical, body and interior work. 2. New York State motor vehicle inspections. 3. Retail sales of automotive, farm equipment and truck parts, both new and used, and automotive-related items such as paint, oil, tires, rims, tools, gas cans, jacks, etc. 4. Retail sales of new and used vehicles, including exterior display of vehicles for sale. 5. The construction of an addition to the existing garage on the premises approximately 24’ x 42’ for a retail store and work space. 6. A custom cabinet, furniture and woodworking shop and related accessory sales uses per amendment adopted October 1, 1998. 7. The construction of any other buildings within the Development District hereinafter described shall be considered an additional and further use for w hich an application shall be made to the Town Board pursuant to Article III, Section 3.6. The District Areas and Boundaries shall be amended to read as follows: The area of said district shall be 1,750 feet along the west side of State Highway Route 96, w ith a depth of 500 feet, bounded and described as follows: ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ulysses, County of Tompkins, and State of New York, and being part of Military Lot Nos. 8 and 14 in said Town, more particularly bounded and described as follows: BEGINNING at a point in the southwesterly line of New York State Route 96 (Ithaca-Trumansburg Turnpike) that is located South 57º 22’ 46” West a distance of 33 feet from a point in the center line of said New York State Route 96 that is located northwesterly measured along the center of the line of New York State Route 96 a tie measurement of 1,312 feet, more or less, from the intersection of said center line with the center line of Cold Springs Road. Thence North 35º17’ 27” West along the southwesterly highway line of New York State Route 96 a distance of 419.66 feet to a point; Thence South 61º 15’ 35” West (passing through a point marked by an iron pin at 9 feet and passing through a point marked by another iron pin an additional 531.60 feet) a total distance of 578.10 feet to the point of intersection with the line labeled “approx. location zoning boundary” as shown on a survey map entitled “SURVEY MAP SHOWING LANDS OF DAVID G. KLINE, LOCATED ON N.Y.S. RTE. 96, TOWN OF ULYSSES, TOMPKINS COUNTY, NEW YORK” completed by T.G. Miller P.C., Engineers, & Surveyors, dated 5/21/2007; Thence in a southeasterly direction on a line labeled “approx. location zoning boundary”, which line is parallel with the southwesterly highway line of New York State Route 96 a distance of approximately 53.12 feet to a point in the northerly line of premises reputedly owned by Murray as shown by instrument recorded in the Tompkins County Clerk’s Office as instrument No. 456001-001; Thence South 86º14’ 38” East a distance of approximately 18.7 feet to a point marked by an iron pin; Thence South 86º10’38” East and distance of 159.32’ to a point marked by an iron pin; Thence North 57º22’ 46” East a distance of 218.70 feet to a point marked by an iron pin; Thence South 35º08’ 38” East a distance of 202.00 feet to a point marked by an iron pin; Thence South 86º46’17” East a distance of 100.13 feet to a point marked by an iron pin; Thence North 57º 22’ 46” East (passing through a point marked by an iron pin at 124.88 feet) a total distance of 140.88 feet to the point and place of beginning, labeled as PARCEL B on the aforementioned survey map and being that portion of Parcel B currently located in Development District No 5. as shown on the aforementioned survey map. District Specifications Vehicles for sale shall not be parked or displayed closer than 75 feet from the paved edge of the highway, and shall be confined to an area within the Development District, measured along State Highway Route 96, no longer than 500 feet from the southernmost and northernmost vehicle so displayed. All inoperative motor vehicles or vehicles under repair, parts and bulk supplies shall be kept in an enclosed structure; there shall be no outside storage or display of any parts, supplies or materials. The entire district shall be kept free and clear of all litter and maintained in a neat and orderly manner. Off-street parking shall be provided adjacent to all structures as specified in Article XVII, Section 17.3. The provisions of Article XVII, Section 17.13 shall apply to this Development District. BE IT FURTHER RESOLVED that the amendment of Development District No. 5 shall be conditioned upon the following: A. Approval by the Planning Board of the Town of Ulysses of the subdivision of Development District 5 into two parcels, one parcel containing the newly created Development District No. 11 and the other containing the reconfigured Development District No. 5; and B. Closing the sale of the property where Development District No. 11 is to be located by David Kline to Michael and Melinda Cirri no later then six months from the date of this resolution. The amendment of Development District shall be effective after the above-referenced conditions have been met and upon legal notice and filing of this resolution. SPECIAL TOWN BOARD MEETING MARCH 27, 2008 40. Approve mailing “save the Date” Comprehensive Plan BE IT RESOLVED that the Town Board of the Town of Ulysses approves the expenditure for the mailing and printing of a post card to “Save the Date” for the public workshops for the Comprehensive Plan up to $800. REGULAR TOWN BOARD MEETING APRIL 8, 2008 41. Introducing WATER DISTRICT #6 Whereas the Town of Ulysses was notified on January 7, 2008 that the New York State Department of Health and the Environmental Facilities Corporation (EFC) had reconsidered their position and allowed the Town of Ulysses additional time to submit a completed application and package for the Water District 5 project (WD-5) and would allow changes in the scope and service area of this project while retaining the current financing offer (DWSRF project #17468); and, Whereas WD-5 alternative plans and cost estimates, as presented by Eric Pond of Barton and Loguidice on February 21, 2008 were produced on a short time table; and Whereas there is insufficient time for adequate review of WD-5 Alternative C with revisions (revised WD-5 Alt. C) by elected officials and citizens nor enough time to meet the required legal application process, environmental review, and inter-municipal agreements needed by March 24, 2008; and Whereas (revised WD-5 Alt. C) as presented on February 28, 2008 is significantly more costly than the original WD-5, since it is geographically more extensive, and the total estimated cost of $9.87 milli on is extremely close to the $10 million cap required to retain zero percent interest financing from the Drinking Water State Revolving Fund (DWSRF); and Whereas consideration of any alternate district is premature at this time due to the lack of a town wide water needs survey; and Whereas the quantity of water that can be provided to the Town of Ulysses from Bolton Point through the Town of Ithaca infrastructure without improvements does not meet the total requirements of WD-3, revised WD-5 Alt. C, and the Village of Trumansburg second source; and Whereas the revised WD-5 Alt. C is not in accord with growth patterns encouraged by our current zoning; and Whereas revised WD-5 Alt. C impacts an identified Unique Natural Area and environmentally fragile lands west of New York State Route 89 not having proper conservation protections in place; and Whereas revised WD-5 Alt. C cannot take into consideration the Comprehensive Plan initiative under progress, which is based on broad citizen input and scheduled for completion by October 2008. Therefore be it hereby resolved that Water District 5 Alternative C with revisions be removed from consideration in favor of a cooperative effort using the inputs from the newly formed Town of Ulysses Water Needs Committee, the Town of Ulysses Comprehensive Planning Committee, the Town of Ulysses Planning Board, the Village of Trumansburg, Finger Lakes State Parks, and the Town of Ithaca to look at alternative water solutions and to design more mutually agreeable, fundable water project hereafter to be known as Water District 6. Further be it resolved that EFC and DOH be sent a letter that we will not be following through with DWSRF project #17468 and that we will be targeting submitting a new IUP by 2009. Finally be it resolved that the estimated timeline for completion of a project plan and submission to the Drinking Water State Revolving Fund and other applicable funding sources is no later than October 2010 (see attachment for detailed schedule). Water District Comprehensive Plan Unique Natural Area(UNA)/ Conservation Lake Front (LF) Zoning Residenti al Develop ment Commercial Development Zone Zoning (CD) Zoning Yr Mon 08 Jan Feb Mar Planning Board (PB) UNA Review Apr Public Workshop PB UNA Recommendation May Water Survey Release PB UNA Public Meeting Jun Land Use Plane - Public Workshop PB UNA Recommendation, with Design Std PB LF Review Jul Town Board (TB) UNA Review PB LF Recommendati on Aug Water Survey Results TB UNA Adoption PB LF Public meeting Sept Draft Comprehensive Plan Oct Public Hearing , SEQR PB Conservation Zone (CZ) Review PB LF Recommendati on Nov Water Supply Recommendation PB CZ Recommendations TB LF Review Dec Town Board (TB) Approval 09 Jan TB Workshop Initial Water District layout PB CZ Public Meeting Feb TB LF Public Hearing / SEQR PB RD Review Mar TB Public Meeting, needs, impact, est. cost PB CZ Recommendation TB LF Zoning Approval Apr TB CZ Review PB RD Recommendation May Submit IUP Pre application, & Pre Eng report PB RD Public Meeting June TB CZ Public Hearing, SEQR July PB RD Recommendati on Aug TB CZ Approval TB RD Review PB CD Rev Sept Oct IUP Pre Score TB RD P H, SEQR PB CD Rec Nov TB RD Zoning Appr Dec Hardship Application Submission 10 Jan PB CD Public Mt Feb Draft IMA, village, Town Ithaca, Bolton Point Mar Apr KEY PB CD Rec May Hardship Conformation letter IUP - Intended Use Plan TB CD Rev Jun Complete, MAP, SEQR, Public Hearing SEQR - State Environment Quality Review Act Jul Public UNA - Unique Natural Area Referendum Aug PB - Planning Board TB CD Public Hearing, SEQR Sept TB - Town Board Oct Submit DWSRF Application & Support Doc. IMA - Inter-Municipal Agreement TB CD Zoning Approval Nov DWSRF - Drinking Water State Revolving Fund Dec Award Construction Contracts WD - Water District SPECIAL TOWN BOARD MEETING APRIL 24, 2008 42. Creation of Dog Control Position WHEREAS the cost of the dog control for the Town of Ulysses has increase dramatically for the 2007 contract with the Tompkins County SPCA; WHEREAS under the agreement with the SPCA the Town of Ulysses has the ability to provide the same or better dog control services to the residents by having a Town Dog Control Officer, contracting with the TCSPCA for kennel services and; WHEREAS the Tompkins County Personnel Office has a position on record know as Dog Control Officer for the Town of Caroline and WHEREAS this position can be extended to include the Town of Ulysses under Civil Service rules as a non-competitive position for the Town of Ulysses and meet all requirements of Tompkins County Personnel as well as the specifications required for the Town’s Dog Control Officer; NOW THEREFORE BE IT RESOLVED that the position of Dog Control Officer be created for the Town of Ulysses. 43. Signing Ag Grant BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Austic to sign the grant application to Ag & Markets. 44. Support TCOG to Review Health Benefits In Support of the Council of Governments’ Review Health Benefits for the NYS Shared Municipal Services Program WHEREAS, the Town of Ulysses joined the Tompkins County Council of Governments (TCCOG), and WHEREAS, in 2007, the County, on behalf of TCCOG, accepted an incentive grant award under the NYS Shared Services Program, WHEREAS, the grant will assist the municipalities in Tompkins County to create a local heal th care consortium, and WHEREAS, the health care consortium will seek to develop health benefits 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 the Ulysses Town Board that Douglas Austic the Town Supervisor is authorized to execute an inter-municipal agreement with TCCOG members to participate in the review of the development of the health benefits consortium, and FURTHER RESOLVE that the Town of Ulysses understands that upon a complete review and plan design of a health benefits program, the Town of Ulysses will have the option of joining a health benefits consortium that would require the Town of Ulysses to sign another inter-municipal agreement. 45. Alternate to Attend TCCOG – Liz Thomas BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Elizabeth Thomas to serve as the alternate to attend the TCCOG meetings. 46. Committees & Appointees Report to TB every 6 months BE IT RESOLVED that the Town Board of the Town of Ulysses request all the Town Board appointments to report at a minimum every six months or twice a year preferably one in April and October at the Regular Town Board meeting or provide a small written report. FURTHER RESOLVE that Mr. Coogan will notify all the appointees. 47. Appoint to Water Resource Council – Krys Cail BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Krys Cail to serve on the Water Resources Council. REGULAR TOWN BOARD MEETING MAY 13, 2008 48. Planning Board Review Whereas: With significant focus by the Town Board on Water Requirements/District development and the Comprehensive Plan, I would like the Planning Board in parallel to review Zoning Laws for: 1. Unique Natural Areas (target 6/08)* 2. Conservation Zoning (target 3/09)* 3. Lake Front Zoning (target 10/08)* 4. Alternate Energy (TBD) 5. Residential Zoning (TBD) 6. Commercial Development (TBD) *Planning Board Recommendation to the Town Board Whereas: For Unique Natural Areas, Conservation Zoning and Lake Front Zoning significant work has been done by the County and the Town of Ithaca and could serve as a template for Ulysses review and implementation. Whereas: Alternate energy sources: wind mills, geothermal, etc. has also been reviewed and adopted by many municipalities within the state and could be evaluated for our use. Whereas: The last two, Residential and Commercial Zoning updates would be the natural outgrowth of our Comprehensive Plan and Water District development, and assure the orderly implementation of both. Whereas: These actions should be concluded by December 2010 and include reviews of existing zoning, recommended language, public meetings for specific comments and final Town Board recommendations. The detail schedule for these reviews and recommendations are outlined in the Water District Plan. This effort would allow the Town Board to evaluate our Water Needs, Water District and the Comprehensive Plan concurrently with zoning to assure we protect the natural beauty of our town and serve the needs of our community. Now Therefore Be it Resolved: That the Planning Board follow through on the fore mentioned tasks and recommend to the Town Board zoning considerations for: 1. Unique Natural Areas 2. Conservation Zoning 3. Lake front Zoning 4. Alternate Energy 5. Residential Zoning 6. Commercial Development Zoning 49. Dog Control Officer Contract CONTRACT FOR EMPLOYMENT: DOG CONTROL OFFICER THIS AGREEMENT is made this 15 day of April, 2008 by and betwe en the TOWN OF ULYSSES, a municipal corporation with offices at Elm Street, Trumansburg, New York 14886, hereafter referred to as “the Town” and Chris Austin, residing at 3703 County Road 143, Trumansburg, NY 14886, hereafter referred to as “the Employee”. WHEREAS, the Town requires the services of a Dog Control Officer to perform the duties set forth in Article 7 of the Agriculture and Markets Law; and WHEREAS, the Town selected Chris Austen to perform these services for the Town as an employee; and NOW, in consideration of the covenants, conditions and provisions contained herein, it is hereby AGREED as follows: 1. The Employee hereby agrees to perform the services set forth in this Agreement for the Town for the period of eight months, commencing May 1, 20 08 and ending December 31, 2008. 2. The Employee will act as the Dog Control Officer for the Town, as set forth in Article 7 of the Agriculture and Markets Law, and in particular §114 of said Law. 3. The Employee will perform the duties set forth in Attachme nt 1 ( “Dog Control Officer, Tompkins County”) with the following modifications and additions: a. The Employee will deliver any dogs he seizes to the Tompkins County Society for the Prevention of Cruelty to Animals (hereafter “SPCA”). The SPCA will provide shelter for the dogs as required by §115 and 118 of the Agriculture and Markets Law, pursuant to a separate Agreement between the Town and the SPCA, a copy of which is attached hereto as Attachment 2. b. The Employee will perform all the duties of the Town of Ulysses as set forth in Attachment 2, including, but not limited to, the following: i. Dogs seized by the Employee within the Town of Ulysses shall be transported by the Towns Dog Control Officer (DCO) to the Tompkins County SPCA’s shelter during the shelter’s regular business hours or by making arrangements with the Society’s Animal Control Officers (ACO) or the Rescue receptionist. ii. The Employee shall complete the DL-18 form and supply the SPCA with a copy of the form at the time the dog is impounded at the shelter. If a dog is delivered to Cornell Animal Hospital for emergency attention during over-night hours, a copy of the completed CL-18 shall be faxed to the Society the following morning. The Society shall assign a unique Dog/Shelter ID number for each dog seized and will provide both the Employee and the Town of Ulysses Clerk with the revised CL-18 form upon the dog’s final disposition. 4. The Employee will be paid for such services on a monthly basis, determined as follows: $611.11: Total compensation for the Employee shall not exceed $5,500. Payment shall be made by the Town upon receipt of a Request for Payment by the Employee. Such Requests shall include a description an documentation of t he services performed. 5. The Employee shall receive no fringe benefits from the Town, including, but not limited to, medical insurance and retirement benefits. 6. This Agreement contains the entire agreement between the parties and there are no other understandings or agreements between them. 7. By signing this Agreement, the Employee certifies that he has read this Agreement and its attachments (the Dog Control Officer, Tompkins County position description (Attachment 1) and the Impoundment Contract (2008) between the Town of Ulysses and the SPCA (Attachment 2). The Employee understands the terms of this Agreement and its Attachments and consents thereto. 8. The Town may terminate this Agreement at any time without cause, in which case the Employee shall be paid for the work performed to the date of termination. 9. This Agreement may be amended only with the written consent of both parties, executed with the same formality as this Agreement. IN WITNESS WHEREOF, the Town and the Employee have executed this Agreement as of the date first written above. REGULAR TOWN BOARD MEETING JUNE 10, 2008 50. Hire Bergmann to Present Comprehensive Plan BE IT RESOLVED that the Town Board of the Town of Ulysses approve the $1200 to hire Bergman for the presentation of the updated Comprehensive Plan at a public informational meeting to be scheduled in July 2008 and FUTHER RESOLVED that this be expended from B1440.4 Engineer/Consultant. 51. Hire Ben Carver for Secretary to Comprehensive Plan BE IT RESOLVED that the Town Board of the Town of Ulysses approve the hiring of Ben Carver for the typist position for the CPC at a rate of $14.72 per hour to begin June 3rd, 2008. 52. Mailing of Water Survey BE IT RESOLVED that the Town Board of the Town of Ulysses approve up to $1600 for the mailing of the water surveys and Further Resolved that the money be expended from B1990.4 Comprehensive Plan CE. 53. Establish Water Advisory Board Resolution to Establish a Resident Water Advisory Commission Whereas: At the time of the creation of water districts within the Town of Ulysses and the Ulysses Water Public Law was adopted, it was the intent to create a form of resident control over the operation of the water districts, and Whereas: With four districts already formed or the potential for more districts, it becomes increasingly important to establish a water advisory commission to help the town board in its decision making in regards to water district operation and maintenance, and Whereas: It is the intent that this commission be composed of volunteers from each district to take up questions involving water district management, be the original investigator of complaints, extensions, and improvements of the Town’s Water Districts, and advise the Town Board as to the resolution of these questions, Now Therefore it be Resolved: That the Ulysses Town Board does hereby establish a Water Advisory Commission to aid the board with the operation and maintenance decisions of the existing or previously established water districts within the Town. Introduced Highway Posting Law Vehicle and Traffic Regulation Introduced Amending Dog Law to Increase fees SPECIAL TOWN BOARD MEETING JUNE 26, 2008 No Resolutions PUBLIC HEARING JULY 8, 2008 Public Hearing on Local Law #1 – Dog Licensing Fees Public Hearing on Local Law#2 – Vehicle and Traffic REGULAR TOWN BOARD MEETING JULY 8, 2008 55. Water Advisory Committee Appointments BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Diane Hillman, Chip Martin, Jimmy Seafuse, Sue Oaks, and Mike Lunger to the Ulysses Water Advisory Committee. 56. Adopting Local Law#1 – 2008 – Amending 1979 Dog Law to Increase Fees TO AMEND LOCAL LAW FOR 1979 INCREASING FEES FOR DOG LICENSING AND IMPOUNDMENT FEES BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF ULYSSES AS FOLLOWS: Section #1.Purpose: The purpose of this law is to amend Local Law No. 1 for 1979 relative to dog licensing fees, age of dog required to license and impoundment fees to be charged by the Town of Ulysses. Section #2.Section 3: Prohibited Acts #F. (F of Local Law No. 1 of 1979 is hereby amended to read as follows: Section 3F. Is unlicensed when four months of age or older. Section #3.Section 10 of Local Law No.1 of 1979 is hereby amended to read as follows: Section 10: License and Impoundment Fees. For licenses effective after September 2008, and thereafter, the following fees shall be charged: $12.50 for each spayed or neutered dog and $22.50 for each unsprayed or unneutered dog. Impoundment Fees: local additional charge of $25.00 for each dog impounded pursuant to this law. Section #12:Effective Date: This law shall take effect upon filing with the NYS Secretary of State. 57. Adopting Local Law#2 – 2008 – Vehicle and Traffic Regulation Vehicle and Traffic Regulation Whereas: Activities and events taking place within the Ulysses A2 Special Agriculture District (Trumansburg Fair Association property) have increased in recent years and at times interfere with the normal maintenance and use of Rabbit Run Road, and Whereas: Residents of Rabbit Run have voiced their desire to limit parking in areas fronting their properties, and Whereas: The continued long term parking on town highway right of ways of Rabbit Run create a situation detrimental to the health and safety of both town residents and participants of events held at the fairgrounds and the health and safety issue has been noted by the Tompkins County Sheriff, and Whereas: Article 41 of Vehicle and Traffic law allows for the regulation of traffic on highways outside any village within the town. Section 1660 a-18 specifically allows towns to prohibit, restrict, or limit the stopping, standing, or parking of vehicles, Now Therefore it be Resolved: The Town Board of the Town of Ulysses does hereby adopt a policy directing the Highway Superintendent with a motion by the Town Board to temporarily post any town highway, for a period of up to thirty days, that restricts parking and to install or realign existing permanent “no parking any time” signs to accommodate requests from road’s residents and to promote the health and safety of all. 58. Set Temporary “No-Parking Signs” Grass Roots BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes the Highway Superintendent to post Rabbit Run Road on Friday until Tuesday at 3 pm before the start of the Grassroots Festival. 59. Complimentary Grass Roots Tickets BE IT RESOLVED that the Town Board of the Town of Ulysses resolve that tickets that are given to the Town of Ulysses will be limited in distribution to one per household, public officer, employee, or volunteer on a Town committee and a list of those to whom the tickets have been distributed shall be kept by the Town Clerk. This list shall be copied to the Town Board in July of each year. 60. Amend Code of Ethics to Increase Amount of Gift to $75 BE IT RESOLVED that the Town Board of the Town of Ulysses resolves Ulysses Code of Ethics be amended to be consistent with State and Federal regulations regarding the amount of gifts received by officers or employees of the Town. This amount shall be amended to read $75 instead of the $25 allowed currently. REGULAR TOWN BOARD MEETING SEPTEMBER 9, 2008 61. Planning Board Appointment – Stan Beams BE IT RESOLVED that the Town Board of the Town of Ulysses approves the appointment of Stan Beames for the Ulysses Planning Board to fill the vacancy created by the resignation of Ms. Simmons. SPECIAL TOWN BOARD MEETING OCTOBER1, 2008 Presentation of Comprehensive Plan to Town Board SPECIAL TOWN BOARD MEETING OCTOBER 2, 2008 Budget Workshop REGULAR TOWN BOARD MEETING OCTOBER 14, 2008 62. Authorize Court to Apply Justice Court Assistance Program Grant BE IT RESOLVED that the Town Board of the Town of Ulysses authorize the Ulysses Town Court to make application to the Justice Court Assistance Program grant. 63. Approve Code of Ethics Memorandum BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following Memorandum and authorize Marsha L. Georgia, Ulysses Town Clerk to distribute to all elected, officials, staff members and public officials. MEMORANDUM The purpose of this Memorandum is to advise each employee and public official of changes to the Code of Ethics Policy for the Town of Ulysses that was recently adopted by the Town Board. A copy of the Code of Ethics is attached to this Memorandum for your information. Please review the Code of Ethics Policy, sign the attached sheet affirming that you have read and understood the Policy and return this sheet no later than 11/30/2008 to Marsha L. Georgia, Ulysses Town Clerk If there are any components of the Policy that you do not understand or would like to comment on, please send your questions in writing or via e-mail to: Marsha L. Georgia, Town Clerk 10 Elm Street, Trumansburg, NY – email – touclerk@twcny.rr.com Because Section 3, paragraph A, dealing with gifts to staff and elected officials was recently changed, each employee and elected official should be aware that the gift limit described therein is a cumulative, annual gift limit and that the $75 referred to is the limit of all permissible gifts to an affected employee or official regardless of the number of such gifts. Beginning June 12, 2007 any alleged infractions of the Town of Ulysses Code of E thics Policy will be referred to the Tompkins County Board of Ethics for investigation. Infractions of the Code of Ethics that are confirmed by such investigations will be referred to the Town Board for action. Town of Ulysses Code of Ethics Policy I _________________________ have received a copy of the Code of Ethics Policy for the Town of Ulysses. I have read and understand the Code of Ethics Policy for the Town of Ulysses and understand that it is my responsibility as an elected official, public official, or staff member for the Town of Ulysses to adhere to its requirements. I understand that any alleged violations of the Town of Ulysses Code of Ethics Policy will be referred to the Tompkins County Board of Ethics for review and investigation. ______________________________ _________________________ Date SPECIAL TOWN BOARD MEETING OCTOBER 15, 2008 Budget Workshop SPECIAL TOWN BOARD MEETING OCTOBER 20, 2008 Budget Workshop SPECIAL TOWN BOARD MEETING OCTOBER 29, 2008 64. Moved Tentative 2009 Budget to Preliminary Budget BE IT RESOLVED that the Town Board of the Town of Ulysses move the Tentative Budget to the Preliminary Budget for 2009 and the Public Hearing for the 2009 Budget will be advertised for November 6, 2008 at 7 PM. PUBLIC HEARING NOVEMBER 6, 2008 Public Hearing on 2009 Preliminary Budget REGULAR TOWN BOARD MEETING NOVEMBER 10, 2008 65. Adopt 2009 Budget BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the 2009 preliminary budget. 66. Bookkeeping Accountability Resolution Regarding Bookkeeping Accountability Whereas: Ulysses Town Board members are elected to be responsible for fiscal oversight for the citizens they represent; and Whereas: in order to perform these duties, each Board member of the Town of Ulysses must be supplied with accurate and complete budgetary information; Be it therefore resolved that for the upcoming 2010 budget which the Town Board will consider in the fall of 2009, the bookkeeper provide EACH Town Board members with the following:  Budget justifications IN PRINT from each department explaining their requested expenditures in Contractual Expense (CE) and Equipment (EQ) lines.  The total amount of sales tax received throughout 2009.  A tentative budget with accurate and DATED Year-to-Date figures using the sums from either the end of August or September.  A written estimate of any large appropriations or revenues expected for the remainder of the year e.g. a large outstanding bill for asphalt when the roadwork is projected to fall within the fiscal year.  A written prediction of the estimated year-end fund balances for the present fiscal year with equations written out and acronyms defined. Multiple terms should not be used to describe for the same budget item.  Each Town Board member will be provided with a hard copy of all year-end reports that are submitted to the State of New York Comptrollers. If this document exceeds 50 pages, then a single copy will be printed for Board members to share.  Continue to provide Town Board members and the public with a budget narrative describing that summarizes the main changes in spending within the 2010 budget. In November 2008, this document was titled 2009 Budget Presentation.  In the 2009 fiscal year, the bookkeeper will breakdown the CE lines into subcategories such as utilities, office supplies, technical support, fuel, etc. in order to better understand spending patterns.  Budget amounts used during the budget season to calculate the upcoming year’s budget will use the same figures as were voted on when the budget was adopted (e.g. the 2009 “budget as modified” column will be the same as the adopted 2009 budget) except where modified. The bookkeeper will keep a written list tracking and explaining budget modifications made during the fiscal year. Added at the 11/10/08 meeting by Dave Kerness:  A summary of all reserve accounts.  A summary of all unrestricted accounts. REGULAR TOWN BOARD MEETING DECEMBER 9, 2008 67. Budget Modifications for 2008 Budget A FUND Increase 1221.1 (Dpty. Supervisor) by $194.55 Decrease 1011.1 (Bd. Coord.) by $194.55 B FUND Increase 9060.8 (Med. Ins.) by $788.36 Reduce 1990.4 (Contingency) by $788.36 DA FUND Increase 9060.8 (Med. Ins.) by $1818.39 Increase 5140.1 (Brush and Weeds PS) by $1584.02 Decrease 9040.8 (Work. Comp.) by $2832.00 Decrease 5120.4 (Bridges) by $534.41 DB FUND Increase 9060.8 (Med. Ins.) by $3673.98 Decrease 5112.2 (HW Cap. Imp.) by $3673.98 68. Reduce Speed on Pennsylvania Ave. and South Street Extension BE IT RESOLVED that the Town Board of the Town of Ulysses by a resolution adopted this 9th day of December, 2008, and the Town Superintendent of Highways of the County of Tompkins, hereby requests the Department of Transportation, pursuant to Section 1622.1 of the Vehicle and Traffic Law, to establish a lower maximum speed at which vehicles may proceed on Pennsylvania Avenue, a Town Highway between Elm Street and South Street Extension. Upon receipt of the notice that the regulation herein requested has been established, the Town of Ulysses, will provide, install and maintain signs in accordance with Vehicle and Traffic Law and conforming to the Manual of Uniform Traffic Control Devices of the Department of Transportation and, Further Resolved the Town Board of the Town of Ulysses, by a resolution adopted December 9, 2008, and the County Superintendent of Highways of the County of Tompkins, hereby requests the Department of Transportation, pursuant to Section 1622.1 of the Vehicle and Traffic Law, to establish a lower maximum speed at which vehicles may proceed on South Street Extension, a County Road between State Route 96 and Waterburg Road. Upon receipt of the notice that the regulation herein requested has been established, the County of Tompkins , will provide, install and maintain signs in accordance with the Vehicle and Traffic Law and conforming to the Manual of Uniform Traffic Control Devices of the Department of Transportation. 69. Training on Ethics Policy BE IT RESOLVED that the Town Board of the Town of Ulysses states that everyone associated with the Town, even all employees and public officials will be trained at least one ethics training during the first year of their service. 70. Posting of Budget on Web Site BE IT RESOLVED that the Town Board of the Town of Ulysses approve the 2009 Budget Presentation presented by Ms. Thomas as the final draft which can be posted on the Ulysses web page. 71. Employee Gift Certificate BE IT RESOLVED that the Town Board of the Town of Ulysses authorize the holiday gift certificates in the amount of $50.