HomeMy WebLinkAbout2009 Index of Resolutions.pdfINDEX OF 2009 RESOLUTIONS
JANUARY 13TH, 2009 REGULAR TOWN BOARD MEETING
**Resolution#1- Budget Modifications 2008
Year End 2008
Budget Modifications
A Fund
Increase1011.1 Town. Bd. Coord. By $27.40
Increase 1110.1 Justice 1 by $.78
Increase 1110.4 Justice CE by $476.37
Increase 1112.1 Justice Clerk by $ .02
Increase 1410.4 Town. Clerk CE by $ 95.11
Increase 1410.1 Town Clerks PS by. $.03
Increase 1411.1 Deputy Town Clerk PS by $80.76
Increase 1620.4 Building CE by $3319.84
Increase 5010.1 HW Superintende nt PS by $.06
Increase 5132.4 Garage CE by $1864.14
Increase 5182.4 Street Lighting by $224.51
Increase 7310.4 Youth Programs CE by $6661.48
Increase 9055.8 Disability INS by $62.50
Total Increases $12813.00
Decrease 1990.4 Contingency by $7379.91
Decrease 1420.4 Attorney CE by $5433.09
Total Decreases $12813.00
B Fund
Increase 3620.1 Bldg Insp. PS by $.07
Increase 8010.1 Zoning PS by $325.48
Increase 8025.4 Shared Services by $240.00
Increase 9055.8 Disability Ins. By $22.20
Increase 9060.8 Health Ins. By $178.64
Total Increases $766.39
Decrease 1990.4 Contingency by $766.39
DA Fund
Increase 5130.1 Machinery PS by $7824.85
Increase 5130.4 Machinery CE by $1934.95
Increase 5142.4 Snow Removal CE by $415.15
Increase 5148.4 Services to other Govts. By $400.18
Increase 9055.8 Disability Ins. by $16.80
Total Increases $10591.93
Decrease 5142.1 Snow Removal PS by $5295.97
Decrease 5148.1 Services to other Govts. PS by $5295.96
Total Decreases $ 10591.93
DB Fund
Increase 9055.8 Disability Ins. by $.06
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Decrease 9030.8 Social Security by $.06
WD3 Fund
Increase 8310.1 Administration PS by $.09
Increase 8320.4 Source Purchases Water by $3285.06
Total Increases $3285.15
Decrease 8340.4 Trans/Dist CE by $3285.15
**Resolution #2 – 2009 Budget
BE IT RESOLVED that the Town Board of the Town of Ulysses pass the 2009 Budget
Presentation as presented at the December 9, 2008 Town Board meeting.
Further Resolved that the 2009 Budget and the 2009 Budget Presentation be placed on
the Ulysses web page.
6. BE IT RESOLVED that the Town Board of the Town of Ulysses audit will be
held on Tuesday January 20th, 2009 at 10:30 a.m.
7. BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor
Austic to sign the contract with the Village of Trumansburg for the police services so
stated in the contract received.
8. TOWN OF ULYSSES – CODE OF ETHICS
WHEREAS, the General Municipal Law provides that all towns shall enact a
Code of Ethics and that it be filed with the State Comptroller on or before
December 31, 1970, and
WHEREAS, this Town Board believes that a Code of Ethics will provide
town public officials and employees with adequate and definitive guidelines for their
official conduct, be it
RESOLVED, that the Town Board of the Town of Ulysses does hereby enact
and adopt the following resolution and that a certified copy be sent to the
comptroller of the State of New York and also one copy be posted on the Town
Clerk’s bulletin board:
Section 1. Pursuant to the provisions of Section Eight Hundred Six of the General
Municipal Law, the Town Board of the Town of Ulysses recognizes that there are
rules of ethical conduct for public officials and employees which must be observed if
a high degree of moral conduct is to be obtained and if public confidence is to be
maintained in our unit of local government. It is the purpose of this resolution to
promulgate these rules of ethical conduct for the officers and employees of the Town
of Ulysses. The rules of ethical conduct of this resolution as adopted, shall not
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conflict with, but shall be in addition to any prohibition of Article Eighteen of the
General Municipal Law or any other general or special law relating to ethical
conduct and interest in contracts of municipal office rs and employees.
Section 2. – Definition
A. “Municipal Officer or Employee” means an officer or employee of the Town
of Ulysses, whether paid or unpaid, including members of any administrative
board, commission or other agency thereof. No person shall be deemed to be
a municipal officer or employee solely by reason of being a volunteer fireman
or civil defense volunteer, except a chief engineer or assistant chief engineer.
B. Interest means a pecuniary or material benefit accruing to a municipal
officer or employee unless the contract otherwise requires.
Section 3. – Standards of Conduct.
Every officer or employee of the Town of Ulysses shall be subject to and
abide by the following standards of conduct:
A. Gifts. He/she shall not directly or indirectly (through family members),
solicit any gift; or accept or receive any gifts having an annual cumulative
value greater then seventy-five dollars and that $75 referred to is the limit
of all permissible gifts to an affected employee or public official
regard less of number of such gifts. The gifts could be in the form of
money, services, loan travel, entertainment, hospitality, promise or any
other form, under circumstance in which it could reasonably be inferred
that the gift was intended to influence him/he r or could reasonably be
expected to influence him/her, in the performance of his/her official
duties or was intended as a reward for any official action on his/her part.
B. Confidential Information. He/she shall not disclose confidential
information acquired by him in the course of his official duties or use
such information to further his personal interests.
C. Representation before one’s own agency. He/she shall not receive, or
enter into any agreement, express or implied, for compensation for
services to be rendered in relation to any matter before any municipal
agency of which he is an officer, member or employee or of any municipal
agency over which he has jurisdiction or to which he has the power to
appoint any member, officer or employee.
D. Representation before any Agency for a contingent fee. He shall not
receive, or enter into any agreement, express or implied for compensation
for services to be rendered in relation to any matter before any agency of
his municipality, whereby his compensation is to be dependent or
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contingent upon any action by such agency with respect to such matter,
provided that this paragraph shall not prohibit the fixing at any time of
fees based upon the reasonable value of the services rendered.
E. Disclosure of Interest in Legislation. To the extent that he knows,
thereof, a member of the Town Board and any officer or employee of the
Town of Ulysses, whether paid or unpaid, who participates in the
discussion or gives official opinion to the Town Board on any legislation
before the Town Board shall publicly disclose on the official record the
nature and extent of any direct or indirect financial or other private
interest he has in such legislation.
F. Investments in Conflict with official Duties. He shall not invest or hold
any investment directly or indirectly in any financial, business,
commercial or private transaction, which creates a conflict with his
official duties.
G. Appearance of Impropriety. A public official or employee must avoid
circumstances that compromise his/her ability to make decisions solely in
the public interest or create an appearance of impropriety.
H. Recusal. A public official or employee must recuse himself when faced
with the above conflicts. Recusal defined-Recusal means that the official may not
deliberate, vote, or participate in any way in such matter. The official should
disclose his or her conflict and remove him or herself from the board.
I. Town Property. No employee or public official shall use town property or
assets for personal purposes or profit or to benefit a private party. Use of town
property or assets restricted to the conduct of official business and for the benefit
of all residents.
J. Nepotism. Spouses and other family members may not serve in positions
creating a conflict of interests, the appearance of a conflict or consolidation of power
in one board.
K. Private Employment. He/she shall not engage in, solicit, negotiate for or
promise to accept private employment or render services for private interests
when such employment or services creates a conflict with or impairs the proper
discharge of his official duties.
L. Future Employment. He shall not, after the termination of service or
employment with such municipality, appear before any board or agency of the
Town of Ulysses in relation to any case, proceeding or application in which he
personally participated during the period of his service or employment or which
was under his active consideration.
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M. Subordinates. No public official shall solicit political contributions from
subordinates.
N. Incompatible Positions. A public official is prohibited from (a) holding
positions when one is subordinate to the other (b) Holding positi ons when the duties
of the positions conflict.
Section 4. – Right to File Claims.
Nothing herein shall be deemed to bar or prevent the timely filing by a
present or former municipal officer or employee of any claims, account, demand
or suit against the Town of Ulysses, or any agency thereof on behalf of himself or
any member of his family arising out of any personal injury or property damage
or for any lawful benefit authorized or permitted by law.
Section 5 – Distribution of Code of Ethics.
The Supervisor of the Town of Ulysses shall cause a copy of this Code of
Ethics to be distributed to every public official and employee of the Town of
Ulysses every January. A signed document reflecting receiving and
understanding of Ulysses Code of Ethics Po licy (see attachment 1) must be
returned by March of the current year to the Town Clerk. Each public
official and employee elected or appointed thereafter shall be furnished a
copy before entering upon the duties of his/her office or employment. The
attorney for the Town shall provide mandatory training to Ulysses public
officials and employee’s concerning the requirements of the Town Code of
Ethics within the first year of election, appointment or hiring.
Section 6 – Penalties.
Any Town of Ulysses employee or public official may submit in writing
alleged ethical issues or concerns to the Tompkins County Ethics Board for
review and investigation. Infractions of the Code of Ethics that are confirmed by
such investigation will be referred to the Town Board for action.
Section 7 – Effective Date.
This resolution shall take effect 30 days after it is filed as provided in Section
Twenty-seven of the Municipal Home Rule Law.
This is to certify that the above Revised Code of Ethics was adopted by the
Town Board of the Town of Ulysses January 13, 2009.
9. Dog Control for the Town of Ulysses
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Whereas: Ag and Markets Law Article VII requires each municipality in New York
State to provide specific dog control services to its residents, and
Whereas: In 2008 the Town of Ulysses appointed Christopher Austin to act for Dog
Control Officer (DCO) providing the services required for such, and
Whereas: The Ulysses Town Board has investigated alternatives for the services,
and
Whereas: The experience in 2008 with our present DCO has shown his ability to
provide the service in an efficient, user friendly and cost efficient manner, and
Whereas: The budgeted Dog Control line item is sufficient to both meet the DCO
payroll as well as complete a dog enumeration in 2009, as discussed during the
budget process,
Whereas: It is prudent to provide a backup DCO in the event that Christopher
Austin is out of town, ill, or unreachable and the SPCA has agreed to provide this
service at a rate of $50 per call. This will also provide dog control during the hours
that Christopher Austin is employed at his second job which is located out of the
area each weekday night making him unable to provide control for those 8 hours of
each weekday.
Whereas: Although Christopher Austin had a state certified kennel, there is no
kennel at this time.
Now Therefore be it Resolved: That the Town Board of the Town of Ulysses
appoint Christopher Austin as primary DCO for the year 2009 at a salary of $6,500
per annum and use the line item funds to complete an updated dog enumeration to
update the last enumeration completed in the 1980’s.
Be it also resolved that any dog picked up by the DCO will be delivered to the SPCA
for impoundment unless the dog owner is found within 6 hours of the initial
retrieval. No dog shall be kept by the DCO overnight.
Be it also resolved: that the DCO will provide the following:
An explanation of exactly how the DCO may be reached at all times. All
contact information shall be posted on the Town of Ulysses web site.
A monthly report to the Town Board, either written or oral, of activity
including number of calls and number of dogs retrieved, and
Be it also resolved: The SPCA will provide impoundment services at the rate of $300
per dog impounded.
Be it resolved: that the DCO and the Town will abide by the DCO Contract for
Employment and the SPCA and Town will abide by the SPCA Impoundment
Contract.
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10. The details of the contract with the SPCA will be worked out with Abigail Smith of
the SPCA. Mr. Austic moved to table, seconded by Mr. Ferrentino.
11. 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. A second
monthly meeting will be held on the fourth Thursday of each month at 7:00pm if
deemed necessary by the Town Board.
12. BE IT 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 the Town web site.
BE IT FURTHER RESOLVED the Ithaca Journal shall be and are hereby
designated as the official Town publication.
13. BE IT RESOLVED, copies of the official minutes of the Town Board, prepared
and distributed by the Town Clerk, shall be electronically distributed to each Town
Board member, Town Justices, Highway Superintendent, Building Cod e
Enforcement Officer, Chair of the Planning Board, County Representative,
Attorney for the Town, and posted on the Clerk’s Bulletin Board and on the Town
Website. Meeting minutes will be available within 14 days of any regularly
scheduled Town Board meeting.
14. Tabled: BE IT RESOLVED mileage at a rate of 58.5 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. Ms. Tyler moved to table, seconded by Mr. Ferrentino.
15. 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.
16. 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 $50,000
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17. BE IT RESOLVED in lieu of the report required by Town Law Section. 29(10),
the Supervisor be and hereby is authorized to submi t 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.
18. 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.
19. 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.
20. BE IT RESOLVED: the following appointments to serve the Town of Ulysses and
those descriptions of each office be compiled and made available upon request to any
elected or appointed official or employee.
Supervisor Appointments
A. Deputy Supervisor Dick Coogan
B. Liaison to Highway Dept. Dave Kerness
C. Building Maintenance Doug Austic
D. Liaison to Village Board Liz Thomas
E. Personnel Liaison. Lucia Tyler
F. Planning Bd. /BZA Liaison David Kerness
G. Fire Dept. Liaison Doug Austic
H. Bookkeeper Doug Austic
Highway Superintendent Appointments
A. Deputy Superintendent David Reynolds
Town Clerk Appointments
Deputy Town Clerk Patty Halloran
Justice Appointments
A. Court Clerk Michelle Townley
Town Board appointments
Title Appointment Term
A. Code Enforcement Officer Alex Rachun unlimited term
B. Town Attorney Mariette Geldenhuys annually
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Title Appointment Term
C. Deputy Code Enforcement
Officer
vacant
D. Planning Board Chair Ken Zeserson expires
E. Planning Board Members John Wertis,
Rod Hawkes,
Rebecca Schneider,
Stan Beames
Rod Porter
Vacant.
E. Board of Zoning Appeals Chair George Tselekis expires
F. Board of Zoning Appeals -
Members
Barbara Bristow,
Carl Mann,
Gerald VanOrden,
Andy Glasner
G. Clerk for Planning Board and
Board of Zoning Appeals
Robyn Carlisle-Peck unlimited term
F. Comprehensive Planning
Committee chair
Sue Poelvoorde
G. Comprehensive Planning
Committee members
John Wertis
Rod Hawkes
Roxanne Marino
Heather Filiberto
Deirdre Cunningham
David Tyler
H. Comprehensive Planning
Committee- Town Board Liaison
Liz Thomas
I. H. Board of Assessment Review Dick Coogan
Carol Duddleston
J. Town Board liaison to the Town
Court
K. TC Environmental Management
Council (EMC)
Lucia Tyler
L. TC Water Resources Council Lucia Tyler
M. Cayuga Lake Watershed/
Stormwater
Coogan/Kerness
N. County Youth Bureau Rep. Vacant
O. Trumansburg Ulysses Joint
Youth Commission Liaison
Liz Thomas
P. Trumansburg Ulysses Joint
Youth Commission - Reps
Deb Austic
Michele Vonderweidt
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Title Appointment Term
Q. Recreation Partnership
representative
Vacant
R. TC Youth Services Board vacant
S. Ithaca/Tompkins County
Transportation
T. Council Planning Committee
Sue Poelvoorde
U. Ithaca/Tompkins County
Transportation
V. Council Policy Committee
Dick Coogan
W. TC Emergency / Disaster
Comm.
Fire Dept (Jason Fulton)
X. TC Council of Governments D. Austic/ L. Thomas
alternate
Y. Water District Superintendent Doug Austic
Z. Water District Clerk Marsha Georgia
AA. TC Area Development Dave Kerness
BB. Fair Board liaison Rod Ferrentino
CC. Historian and Deputy Dickens/Dean
DD. Ag Lands Protection
Committee - chair
Doug Austic
Called vote on tabling the above resolution.
21. BE IT RESOLVED, the Town Board hereby establishes for Elected and Appointed
Personnel the following standard work days, as required for determination of retirement
benefits for Town Officials, and their annual salaries:
ELECTED OFFICIALS:
Title
Hours/Day Days/Week Pay
Supervisor
as needed as needed $15000yr
Council Person (4) as needed as needed $3957/yr
each
Clerk as needed as needed $46648 yr
Town Justice (2) as needed as needed 15182 /yr
each
Highway Superintendent as needed as needed $55059/ yr
APPOINTED OFFICIALS AND EMPLOYEES
2009 Indexing of Resolutions 11
Title
Hours/Day Days/Week Pay
Deputy Supervisor
1 hour As needed $17.90 hr
Town Council Assistant 5 hours As needed $17.9 hr
Deputy Town Clerk 7(as needed) 5 ½ $28122/ yr
Court Clerk 7 5 $30973/ yr
Deputy Highway
Superintendent
8 or as needed 5 or as needed $20.10 hr
Highway Employees 8 or as needed 5 or as needed $14.52-
$16.60 hr
Code Enforcement
Officer
7 on call 24/7 5.5 call 24/7 $28422/ yr
Zoning Officer 7 on call 24/7 5.5 call 24/7 $19573/ yr
Bookkeeper As needed As needed $18044/ yr
Planning and Zoning
Clerk
As needed As needed $15.30 hr
Planning Manager As needed As needed $17.90 hr
Water District
Superintendent
5 on call 24/7 5 or call 24/7 $15771/yr
Water District Clerk 2 or as needed 5 or as needed $11660/yr
22. 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 us ed 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 signed time card.
23. BE IT RESOLVED any individual wishing to be on the agenda, advice the
Supervisor of that intent at least one week prior to the scheduled meeting.
24. BE IT RESOLVED that the Clerk will call individual names of each Councilperson
during a vote on a motion or resolution in order to clearly distinguish votes favoring,
opposing, or abstaining.
25. 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)
26. BE IT RESOLVED that policies are in place for the Code of Ethics, Procurement
Policy, Claims Policy, Meeting Rules and Procedures, Investment Policy, and Alcohol
and Controlled Substance Testing Policy. The Clerk shall provide these policies to each
newly elected official or any other elected or appointed official or employee as requested
2009 Indexing of Resolutions 12
along with other pertinent information such as the Zoning Laws, Comprehensive Plan,
Personnel Manual, Planning Board and Zoning Board Attendance and Training Policy,
Intermunicipal Cable TV Commission, and the Emergency Preparedness Plan.
27. 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 20, 2009(by law on or before 1/20)
28. Resolution of Authorization:
SHARED SERVICES AGREEMENT
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 T HAT 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.
29. BE IT RESOLVED that the Town Clerk will initiate a Resolution/Motion Index
System, identifying the Resolution/Motion number, date approved, and Title.
RESOLUTION APPROVED AT SBM 1/22/2009
30. IMPOUNDMENT CONTRACT 2009
Agreement made this first day of January 2009 by and between the Town of Ulysses, 10 Elm Trumansburg, NY, 14886, hereinafter called Town of Ulysses, and the Tompkins County Society for the Prevention of Cruelty to Animals, 1640 Hanshaw Road, Ithaca, NY 14850, hereinafter called Society.
Witnessed:
1. The Society is hereby engaged and authorized to act as the impound facility for stray
and at -large dogs as may be found in Town of Ulysses. While these animals are in its
facility, the Society will provide food, water, shelter and other humane animal care
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services includ ing necessary and emergency veterinary services up to and including
euthanasia.
2. Dogs seized within the Town of Ulysses shall be transported by the Town's 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 Rescue receptionist. Where possible, the Society will direct Ulysses
residents to the Town's DCO, however, when a stray dog is transported directly to the
Society for impound, the Society will accept the dog. The Town's DCO will be notified
and the Town will be responsible for the associated Intake Fee. Non-DCO delivered stray
dogs will be paid for by the Town up to a financial cap of $1500 annually. The Society
will provide the Town the name and address of the individual who delivered the stray dog
(s).
3. The DCO for the Town of Ulysses shall complete the DL-l8 form and supply the
Society 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 the over -night
hours, a copy of the completed DL-l8 shall be faxed to the Society the following
morning. The Society shall assign a unique Dog/Shelter ID number for each dog seize d
and will provide both the DCO and the Town of Ulysses Clerk with the revised DL-18
form within 2 business days and upon the dog's final disposition.
4. Society will hold each stray/at -large dog for the required redemption period as specified in Article 7, Section 118 of the NY State Agricultural & Markets Law (AML). 5. In the event an animal is reclaimed by the owner, all impound fees paid by the owner
will be forwarded to the Town of Ulysses. (If emergency veterinary costs were incurred
by the Town for a dog that is then redeemed, the Town may by law seek reimbursement
from the lawful owner of the dog.) See #9
6. The Society shall not release any impounded dog to an owner without ensuring that the
state licensing requirements have been met, including rabies vaccination. The lawful
owner of the dog being licensed is responsible for all fees associated with licensing and
the required rabies vaccination if necessary. The Society will notify the Town of any
dog(s) they are newly licensed.
7. Upon completion of the appropriate redemption period, the Society will make
unclaimed dogs available for adoption. The Society will comply with all adoption
requirements as stated in Article 7 of the AML.
8. The Society will invoice the Town of Ulysses on a monthl y basis for each dog
impounded at its facility. The fee for each impounded dog is three hundred dollars
($300). No additional impoundment fees shall be charged.
9. If the owner cannot be found, medical fees incurred as a result of necessary
emergency service, up to a maximum of five hundred ($500), shall be the responsibility
of the Town. Medical services provided by the Society's veterinarian during the
mandatory impound period will be billed quarterly in addition to the impound fees.
Emergency medical services provided by an off-hours emergency veterinarian, such as a
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"good Samaritan" case or an over-night emergency, shall be billed by the third party
provider to the Town directly. The Town's DCO is responsible for communication with
the emergency veterinary provider regarding the level of care, associated cost for each
case, and the maximum limit the Town shall pay.
10. Society will dispose of dogs brought to the facility dead on arrival by the Town of
Ulysses DCO or authorized representative at the rate of fifty dollars ($50) per dog. The
Society does not provide euthanasia or disposal of privately owned (citizen's) animals.
11. The Society will act as backup DCO in the event the Ulysses DCO is unavailable
within a reasonable period of time. The Society will first forward all calls regarding
stray/at large dogs to the Town's DCO and will respond to requests for service directly
from the Town’s DCO or if a call is unanswered, will step in as DCO. The fee for this
service is $50 per dispatched Society DCO and will be billed to the Town monthly.
12. The Society is not responsible for the enforcement of state or local laws or
ordinances, or license renewals for the Town of Ulysses. Inquiries and complaints shall
be forwarded to the Town's Clerk's office.
13. This contract is to run from the date of signing until December 31, 2009. Either party
may terminate this contract at any time during the term thereof by supplying the other
party sixty (60) days notice in writing of intent to terminate the contract . Without written
notice, this contract shall remain in effect until a new contract is executed by the Society
and the Town of Ulysses.
14. Town of Ulysses shall hold Society harmless and shall indemnify it for any causes of
action, claims, lawsuits or demands made against the Society.
RESPLUTIONS APPROVED, TABLED OR DEAFEATED 2/10/2009
31. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
minutes of the Regular Town Board Meeting of December 9, 2009 and January
13, 2009 and the Special Town Board Meeting of January 22, 2009 with the
changes and corrections discussed.
32. BE IT RESOLVED that the Town Board of the Town of Ulysses approve voucher
#’s 16 through 59 in the amount of $51, 480.00.
33. I think we need a clarificat ion on item 11 regarding reasonable period of time. I
would like to see a specific length of time spelled out in the contract —how about our
officers will wait one hour and if no response from your DCO, we will proceed. We will
respond to emergencies immediately if your DCO cannot be reached.
In item number 2 the contract states that we will provide the town with the names of
individuals that drop off stray dogs at the SPCA. The SPCA is more than willing to
comply with this, as long as it is understoo d that this information is to remain
confidential. We only release names when subpoenaed. The reason is to prevent
2009 Indexing of Resolutions 15
any disputes between neighbors, for example. I’m happy to talk more about it if
there are questions.
34. Ms. Tyler moved, seconded by Ms. Thomas that the Town Board authorizes
Supervisor Austic to sign the SPCA contract when Ms. Smith returns it to the Town.
35. WHEREAS Ciaschi, Dietershagen, etc. LLP had the lowest bid of two locally
respected accounting firms in the amount of $10500 for a financial statement
audit plus internal controls;
BE IT RESOLVED that the Town Board of the Town of Ulysses accept the
proposal from Ciaschi, Dietershagen, etc. LLP of January 9, 2009 to audit the 2008 Town
of Ulysses books.
36. BE IT RESOLVED mileage at a rate of 55 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
37. WHEREAS, the memo from the attorney for the Town, Mariette Geldenhuys, of
January 8, 2009, addresses the compatibility of the Offices of the Town Supervisor (who
is a Town Board member) and the Water Superintendent/Administrator for the Town, and
concludes that these two offices are incompatible; and this opinion was also expressed in
the New York Association of Towns newsletter of March/April 2008, with accompanying
legal references; and an Opinion{ of the Attorney General (102301193) states that the
position of water superintendent is incompatible with that of a town board member; and
WHEREAS, the positions of Town Supervisor and Water Superintendent/Administrator
for Town are currently held by the same person;
NOW, THEREFORE, BE IT RESOLVED that the Town immediately commence a
search process for another Water Superintendent/Administrator and advertise the position
as the first step in the search process. TABLED
38. Resolutions for the Association of Towns
Mr. Austic will read the final resolve and the Board will vote yes o r no to pass on to the
delegate representing the Town at the Association of Towns meeting.
1. Preserve and Strengthen Home Rule – yes
2. Mandate Relief – yes
3. Highway and Transportation Funding – yes
4. Highway Mutual Aid – yes
5. Local Road Classification – no
6. Water, Wastewater and Stormwater Infrastructure Aid – yes
7. Preserve and Strengthen Local Governments Role in the Siting of Energy
Generation Facilities - yes
8. Publication of Legal Notices – yes
2009 Indexing of Resolutions 16
9. Preservation of Town Registrars of Vital Statistics – no
10. Economic Stimulus – yes
11. GML 207-C Disability Benefits for Law Enforcement Reform – abstained
12. Reform Real Property Tax System – yes
39. SENIOR CITIZENS AND THE DISABLED PERSONS EXEMPTION REAL
PROPERTY
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 $28,000 and $36,399 pursuant to
the Real Property Tax Law,
NOW THEREFORE BE IT RESOLVED, that 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 - $28,000 50%
$28,001 - $28,999 45%
$29,000 - $29,999 40%
$30,000 - $30,999 35%
$31,000 - $31,899 30%
$31,900 - $32,799 25%
$32,800 - $33,699 20%
$33,700 - $34,599 15%
$34,600 - $35,499 10%
$35,500 - $36,399 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.
SPECIAL TOWN BOARD MEETING 2/26/2009
No resolutions passed at this meeting
2009 Indexing of Resolutions 17
SPECIAL TOWN BOARD MEETING 3/10/2009
40. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
minutes of the Regular Town Board meeting of 2/10/2009 with the changes and
corrections submitted.
41. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
minutes of the Special Town Board meeting of February 26, 2009.
42. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
previous examined vouchers #’s 62 through 107 in the amount of $27,791.26.
43. BE IT RESOLVED that the Town Board of the Town of Ulysses except the Final
Draft copy of the Comprehensive Plan presented to the Town Board from the Ulysses
Comprehensive Plan Committee.
44. BE IT RESOLVED that the Town Board of the Town of Ulysses appoint the 12
following residents to the FARMLAND PROTECTION PLAN STEERING
COMMITTEE:
Bruce Austic Pine Ridge Farms Charles & Anne Houghton
8938 Rt. 96 Ed & Pat Stevenson 1312 Perry City Rd.
Interlaken, NY 14847 8018 Luke Rd Ithaca, NY 14850
Trumansburg, NY 14886
Philip Switzer Yhi-Chaw Cheng Stick & Stone John Wertis
5108 Black Road 1605 Trumansburg Rd. 8144 Searsburg Rd
Trumansburg, NY 14886 Ithaca, NY 14850 Trumansburg, NY 14886
Robert Weatherby Robert Howarth George Holmes
4200 West Seneca Road 4124 Reynolds Rd. 3220 Jacksonville Rd.
Trumansburg, NY 14886 Trumansburg, NY 14886 Trumansburg, NY 14886
Tony Potenza or James Brown
James Taylor 5118 DuBois Rd.
Congress St. Ext PO Box 3
Trumansburg, NY 14886 Jacksonville, NY 14854
45. Water Superintendent Resolution
Ms. Tyler read and moved the following resolution into the record.
WHEREAS, the memo from the attorney for the Town, Mariette Geldenhuys, of January
8, 2009, addresses the compatibility of the Offices of the Town Supervisor (who is a
Town Board member) and the Water Superintendent/Administrator for the Town, and
concludes that these two offices are incompatible; and this opinion was also expressed in
the New York Association of Towns newsletter of March/April 2008, with accompanying
2009 Indexing of Resolutions 18
legal references; and an Opinion of the Attorney General (102301193) states that the
position of water superintendent is incompatible with that of a town boa rd member; and
WHEREAS, the positions of Town Supervisor and Water Superintendent/Administrator
for Town are currently held by the same person;
NOW, THEREFORE, BE IT RESOLVED that the Town immediately commence a
search process for another Water Superintendent/Administrator and advertise the position
as the first step in the search process.
46. Motion tabled: A Local Law to increase the Salary of the Town Supervisor
Be it enacted by the Town Board of the Town of Ulysses as follows:
SECTION 1. In the past, there were two separate positions listed in the budget for the
Town Supervisor and the Bookkeeper. The budget contained two separate salary lines,
one for the Supervisor and 011 for the Bookkeeper. The Supervisor filled both positions.
To address incompatibility of positions, the Town Board has eliminated the position of
Bookkeeper. As a result, the bookkeeping duties revert to the Supervisor pursuant to
Town Law §29(4). Accordingly, tb Town Board has concluded that the Supervisor's
salary should be increased to fairly compensa1 the Supervisor for the workload that
includes bookkeeping duties.
SECTION 2. The notice of hearing for the preliminary budget for 2009 specified that the
Supervisor's sa1ary for 2009 shall be $15,000.00. Section 27(1) of the Town Law
provides that the annual salary ( an elected officer may be increased, for not more than
one fiscal year, in excess of the amount specified in the notice of hearing in the
preliminary budget by local law adopted pursuant t municipal home rule law.
SECTION 3.
The annual salary of the Supervisor of the Town of Ulysses for 2009 is increased from
$15,000.00, the amount specified in the Notice of Hearing for the preliminary budget, to
the sum of $33,044.00.
SECTION 4.
This local law shall take effect upon filing with the Secretary of State, but the filing shall
not occur until at least forty-five (45) days after its adoption, or until approved by a
majority of the qualified electors of the Town of Ulysses voting on a proposition for its
approval if within forty five (45) days after its adoption a qualified petition is filed with
the Town Clerk.
47. BE IT RESOLVED that the Town Board of the Town of Ulysses moves to have the
Planning Board review the plans by Mr. Sherwood for commercial sales at Spruce Row
Campsites.
2009 Indexing of Resolutions 19
48. BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Rick
Rainey to the Planning Board for the term of 7 years to expire December 31st, 2015
SPECIAL TOWN BOARD MEETING 03/26/2009
49. WHEREAS, the Town of Ulysses Comprehensive Plan Committee has
completed a draft Comprehensive Plan and is prepared to start the process for
adopting the Plan, and,
WHEREAS, numerous efforts have been made by the Comprehensive Plan
Committee to enact new land use districts that promote the Public Health, Safety
and Livability of residents and others in the Town, and
WHEREAS, the Town Board hired the consulting firm, Bergmann Associates to
write the Plan and solicited Public Comment in many forums, and
WHEREAS, The Town o f Ulysses intends to declare it self as Lead agent for
SEQRA, and
WHEREAS, Town Law requires that that the Town notify all interested agencies
and neighboring municipalities to their interest in being Lead Agent for SEQRA
NOW THEREFORE IT IS HEREBY RESOLVED, that the Town Board of the
Town of Ulysses hereby requests notices for SEQRA Lead Agent for the Ulysses
Comprehensive Plan be sent to all interested agencies and neighboring
municipalities.
50. WHEREAS, the Town of Ulysses currently has a separately position of
Bookkeeper and the budget for 2009 includes a separate salary line for the
Bookkeeper; and
WHEREAS, the Town Supervisor has filled the position of Bookkeeper;
WHEREAS, the Town Board, on advice of counsel, has determined that both
positions cannot be held by the same person because the positions are
incompatible; and
WHEREAS, Town Law §29(4) provides that the Supervisor performs the
bookkeeping duties for the Town unless a separate position is created; and
WHEREAS, the To wn Board will adopt a Local Law concurrently with this
Resolution, amending the 2009 budget by increasing the Supervisor’s salary by
the amount previously allocated for the Bookkeeper position so that the
Supervisor will be adequately compensated for the bookkeeping duties he
performs for the Town;
NOW, THEREFORE, BE IT RESOLVED that the position of “Bookkeeper” in
2009 Indexing of Resolutions 20
the Town of Ulysses is hereby eliminated until December 31, 2009, effective on
the date of filing of a Local Law with the Secretary of State which increases the
Supervisor’s salary for budget year 2009. The position of Bookkeeper will be
reinstated effective January 1, 2010.
51. A Local Law to Increase the Salary of the Town Supervisor
Be it enacted by the Town Board of the Town of Ulysses as follows:
SECTION 1
In the past, there were two separate positions listed in the budget for the Town
Supervisor and the Bookkeeper. The budget contained two separate salary lines,
one for the Supervisor and one for the Bookkeeper. The Sup ervisor filled both
positions. To address incompatibility of positions, the Town Board has
eliminated the position of Bookkeeper through December 31, 2009. The position
will be reinstated effective January 1, 2010. As a result, the bookkeeping duties
revert to the Supervisor pursuant to Town Law §29(4). Accordingly, the Town
Board has concluded that the Supervisor’s salary should be increased to fairly
compensate the Supervisor for the workload that includes bookkeeping duties.
SECTION 2
The notice of hearing for the preliminary budget for 2009 specified that the
Supervisor’s salary for 2009 shall be $15,000.00. Section 27(1) of the Town Law
provides that the annual salary of an elected officer may be increased, for not
more than one fiscal year, in excess of the amount specified in the notice of
hearing in the preliminary budget by local law adopted pursuant to municipal
home rule law.
SECTION 3
The annual salary of the Supervisor of the Town of Ulysses for 2009 is increased
from $15,000.00, the amount specified in the Notice of Hearing for the
preliminary budget, to the sum of $33,044.00.
SECTION 4
This local law shall take effect upon filing with the Secretary of State, but the
filing shall not occur until at least forty-five (45) days after its adoption, or until
approved by a majority of the qualified electors of the Town of Ulysses voting on
a proposition for its approval if within forty-five (45) days after its adoption a
qualified petition is filed with the Town Clerk.
52. Tabled Resolution 10: BE IT RESOLVED: the following appointments to serve
the Town of Ulysses and those descriptions of each office be compiled and made
available upon request to any elected or appointed official or employee.
Supervisor Appointments
A. Deputy Supervisor Dick Coogan
B. Liaison to Highway Dept.
2009 Indexing of Resolutions 21
C. Building Maintenance
D. Liaison to Village Board
E. Personnel Liaison
F. Planning Bd. / BZA Liaison
G. Fire Dept. Liaison
Highway Superintendent Appointments
B. Deputy Superint endent David Reynolds
Town Clerk Appointments
Deputy Town Clerk Patty Halloran
Justice Appointments
B. Court Clerk Michelle Townley
Employees/Appointments made by the Town Board
Title of Position Employee
A. Code Enforcement Officer Alex Rachun
B. Deputy Code Enforcement
Officer
Vacant
C. Clerk for Planning Board
and Board of Zoning Appeals
Robyn Carlisle-Peck
D. Water District
Superintendent
Doug Austic
E. Water District Clerk Marsha L. Georgia
F. Attorney for the Town
Mariette Geldenhuys Annual appointment
G. Historian & Deputy Dickens/Dean
Positions Appointed by Town
Board
Title of Position Name of Appointment Term
A. Planning Board Chair Ken Zeserson 1 year
B. Planning Board Members Ken Zeserson
John Wertis
Rod Hawkes
Rebecca Schneider
Stan Beames
Rod Porter
Rick Rainey
7
7
7
7
7
7
7
2009 Indexing of Resolutions 22
C. Board of Zoning Appeals
Chair
George Tselekis 1 year
D. Board of Zoning Appeals -
Members
George Tselekis
Barbara Bristow,
Carl Mann,
Gerald VanOrden,
Andy Glasner
5
5
5
5
5
E. Comprehensive Planning
Committee chair
Sue Poelvoorde June 2009
F. Comprehensive Planning
Committee members
John Wertis
Rod Hawkes
Roxanne Marino
Heather Filiberto
Deirdre Cunningham
David Tyler
June 2009
June 2009
June 2009
June 2009
June 2009
June 2009
G. Comprehensive Planning
Committee- Town Board Liaison
Liz Thomas June 2009
H. Town Board liaison to the
Town Court
Lucia Tyler Annual appointment
I. Trumansburg Ulysses Joint
Youth Commission Liaison
Liz Thomas Annual appointment
J. Trumansburg Ulysses Joint
Youth Commission – Citizen
Reps
Deb Austic
Michele Vonderweidt
Annual appointment
K. Recreation Partnership
representative
Vacant 2-year
L. TC Council of Governments D. Austic/ L. Thomas
alternate
Annual appointment
M. Ag Lands Protection
Committee - liaison
Doug Austic June 2010
N. Ag Land Protection
Committee – members
Bruce Austic
Ed &Pat Stevenson
Charles & Anne
Houghton
Philip Switzer
Yhi-Chaw Chang
John Wertis
Robert Weatherby
Robert Howarth
George Holmes
Tony Potenza OR James
Taylor
James Brown
June 2010
2009 Indexing of Resolutions 23
O. Water District Commission
Chair
Diane Hillman Annual Appointment
P. Water District Commission
– members
Diane Hillman
Mike Lunger
Chip Martin
Sue Oakes
Bret Seafuse
Annual Appointment
Tompkins County Delegates and Appointments:
Title of Position Name of Appointment Term
A. Board of Assessment Review Dick Coogan
Carol Duddleston
Annual Appointment
B. TC Environmental
Management Council (EMC)
Lucia Tyler 2-year appointment
Ending 2010
C. TC Fire Disaster and EMS
Advisory Board.
Fire Dept (Jason Fulton) 3-year delegate
D. TC Youth Services Board Vacant 3-year term
E. Ithaca/Tompkins County
Transportation Council Planning
Committee
Sue Poelvoorde Annual
F. Ithaca/Tompkins County
Transportation Council Policy
Committee
Dick Coogan Ulysses staggers
representation with
Enfield and Newfield
Resolutions from Regular Town Board meeting of April 14, 3009
53. Tabled Resolution Mr. Austic moved to table the minutes because he had not had a
chance to read the corrections or changes, seconded by Mr. Kerness.
54. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
previous examined vouchers #105 through 151 in the amount of $19,052.78.
55. BE IT RESOLVED that the Town Board of the Town of Ulysses appoint John
Wertis as the chair to the Ag Land Protection Committee.
56. BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Highway
Superintendent to hire an engineer to draw up plans for the Town Barns project
staying in the range of $10,500 to $12,000.
2009 Indexing of Resolutions 24
57. BE IT RESOLVED that the Town Bo ard of the Town of Ulysses re-appointment
Barbara Bristow to the Zoning Board of Appeals for a term of 5 years ending December
31, 2013.
58. BE IT RESOLVED that the Town Board of the Town of Ulysses directs the Planning
Board to review Spruce Row PUD under the guidelines of 3.4 of the Zoning Law as a
request for sales of limited amount of campers on the premises and the installation of
park models.
Further resolve that the existing PUD not be subject to the new Zoning Law but the new
sites be subject to all the new Zoning regulations.
59. BE IT RESOLVED that the Town Board of the Town of Ulysses have Grassroots
submit a formal application for a PUD.
60. BE IT RESOLVED that the Town Board of the Town of Ulysses rescinds the
previous passed resolution directing the Grassroots to apply for a PUD.
61. BE IT RESOLVED that the Town Board of the Town of Ulysses have Grassroots
apply for a Special Permit for camping and submit this to the Town Board for approval.
62. WHEREAS: The existing water supply agreement between the Town of Ithaca and
The Town of Ulysses states that the Town of Ithaca has the right to increase the price of
water supplied to Ulysses from time to time to reflect the increases of their source supply,
and
WHEREAS: The Town of Ithaca notified the Town of Ulysses of the intention of
increasing the water rate for our water districts supplied from the Town of Ithaca on
January 5, 2009 and under the agreement a forty day notice is required to allow proper
notification of the increase, and
WHEREAS: Local Law # 1 of 2003 also requires a forty day notification of our district
users of price increases and in light of the strict adherence to the supply agreement,
Ulysses is now being charged for all unaccounted for water, and that the amount of such
unaccounted for water is approximately eighteen percent of the Ulysses metered water
usage, now
THEREFORE BE IT RESOLVED THAT: The new water rate for Ulysses Water
Districts # 3 and # 4 be established starting with the second quarter billing cycle a t a price
of $5.25 per thousand gallons to allow supply payment of the increased Ulysses rate and
the amount of unaccounted for water supplied from the Town of Ithaca, and
BE IT FURTHER RESOLVED THAT: The Town of Ulysses in cooperation with the
Town of Ithaca start as soon as possible to design and install a system of meters on the
Town Line to more clearly meter and account for all water that is used by the Town of
Ulysses users.
2009 Indexing of Resolutions 25
63. WHEREAS: The owner of Washington Heights Mobile Home park has asked the
Ulysses Water Commission to reconsider what the park is charged for water service
under the present system used to establish annual taxation for the district, and
WHEREAS: Upon investigation, inconsistencies were discovered in the district as to
how the user number is determined and have historically been levied, and
WHEREAS: Washington Heights appears to be the only such discrepancy in the user
determination procedure, and
WHEREAS: The Ulysses Water Commission has met and discussed this discrepa ncy
with Mr. Washington and recommended a policy change to correct the discrepancy,
now
THEREFORE IT BE RESOLVED THAT: From now forward that the user numbers be
calculated for each parcel based on the discounted assessment of eight tenths of a
charge for each unit after the first unit on the parcel regardless of the fact that the units
are attached to one another or are housed in the same structure. In order to qualify for the
reduced rate, the units must all be contained on the same parcel and be supp lied from one
water line tap for the parcel metered by a master meter for the parcel.
RESOLUTIONS FROM THE REGULAR TOWN BOARD MEETING OF MAY
12, 2009
64. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
minutes of the Regular Torn Board meetings of March 10th and April 14th, 2009, The
Special Town Board meetings of March 26th, April 23rd and April 30th, 2009 and a
Public Hearing of April 14th , 2009 as modified.
65. BE IT RESOLVED that the Town Board of the Town of Ulysses approve vouchers
#152 through #186 in the amount of $34,916.82.
66. BE IT RESOLVED that the Town Board of the Town of Ulysses hold the payment
of $300 to the SPCA until further investigation can be made for the charge of $300.
67. BE IT RESOLVED that the Town Board of the Town of Ulysses sponsor one movie
for the July movie nights sponsored by the Ulysses Joint Youth Committee in the
amount of $150.00
68. BE IT RESOLVED that the Town Board of the Town of Ulysses reduce the
Farmland Protection Committee by two members; Ms. Pat Stevenson and Mr. Jim
Brown.
69. BE IT RESOLVED that the Town Board of the Town of Ulysses authorize an
expenditure to MAS Engineering up to $13,500 for the Town Barn Project and expense
it out of account DA building Capital Expense.
2009 Indexing of Resolutions 26
70. BE IT RESOLVED that the Town Board of the Town of Ulysses authorize
Supervisor Austic to sign the contract not to exceed $2000 for the design of the web site.
71. BE IT RESOLVED that the Town Board of the Town of Ulysses authorize the
Ulysses Hig hway Department to provide a load of stone for the Jacksonville Association.
RESOLUTIONS ADOPTED AT THE REGULAR TOWN BOARD MEETING
JUNE 9, 2009
72. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes
of the Regular Town Board meeting of May 12, 2009 as amended.
73. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
previous examined voucher numbers #187 through 214 in the amount of $16,502.26.
74. WHEREAS, the Tompkins County Economic Development Strategy's goals
include increasing and diversifying the County's housing supply and revitalizing the
County's unique commercial districts and town centers, and
WHEREAS, the Economic Development Collaborative was organized to
formalize, strengthen and deepen the cooperation among the many local agencies and
municipal bodies addressing economic development issues in the County to make the
process more effective through common goals and
approach, and
WHEREAS, the Tompkins County Council of Governments (TCCOG) is a
member of the Economic Development Collaborative, which is currently working to
address the goals of the County's Economic Development Strategy, and
WHEREAS, the Economic Development Collaborative has suggested the
creation of an updated, County-wide evaluation of existing water and sewer
infrastructure and the development of a conceptual plan of water and sewer
infrastructure needed to support planned future growth to meet housing and
economic development goals, and
WHEREAS, the last County-wide evaluation of water and sewer infrastructure
was completed in 1994, and
WHEREAS, an updated evaluation would facilitate the development of housing
within town and village centers, commercial revitalization of those centers and growth
in the tax base, with the most efficient use of public dollars for infrastructure, and
WHEREAS, the result of this evaluation will be a report that is available for all
municipalities to use in their planning of infrastructure development , but that no actual
investment in water or sewer facilities is included in this project, and
WHEREAS, the County of Tompkins, on behalf of TCCOG, applied for and
was awarded a grant known as Shared Municipal Services Incentive (SMSI) grant
from the State of New York, to conduct a County-wide evaluation of water and
sewer infrastructure and develop a conceptual plan, and
2009 Indexing of Resolutions 27
WHEREAS, the TCCOG unanimously adopted this resolution on
September 25, 2008 and directed that it be forwarded to municipalities for
consideration and approval by local municipal boards, and
WHEREAS, the Tompkins County Legislature adopted Resolution No.
186 of 2008 on September 16, 2008, that authorized the acceptance of this grant in
the amount of $82,245.24 for the purpose of conducting a County-wide evaluation
of water and sewer infrastructure and to develop a conceptual plan, now therefore
be it
RESOLVED, That the Town of Ulysses, by adoption of this resolution, declares
its intent to support the development of a County-wide evaluation of water and sewer
infrastructure and the development of a conceptual plan of water and sewer infrastructure
needed to support planned future growth to meet housing and economic development
goals,
RESOLVED, further, That the Town of Ulysses pledges to work with the
Economic Development Collaborative to ensure cooperation of members' planning and
engineering departments with this project, providing information and documentation
requested by the consultant team, led by TO Miller, including but not limited to:
Current rated capacity of water and wastewater treatment systems from
existing SPDES (State Pollution Discharge Elimination System) permits and
facility plans
Electronic files or paper copies of maps showing current water distribution and/or
sanitary sewer collection systems
Recent studies o f water and sewer facilities
Treatment processes, mechanical and other systems related data
Scheduled or anticipated system upgrades or new construction Historical problems and obstacles including operational difficulties, regulatory
compliance, land use restrictions, public impact and complaints, and funding Current population served by the utilities including number of service connections Anticipated population growth rate for the next ten years Existing or planned funding sources that may be availa ble, and
Statement of need:
Increasing housing supply and revitalization of commercial districts are two of the Tompkins County Economic Development Strategy's three goals. Both require improvements to water and sewer infrastructure, especially in the no n-urbanized areas of the county. The proposed infrastructure study is, therefore, an integral step to achieving affordable housing and revitalization goals. In particular, to provide for housing to be reasonably affordable, housing requires density. Continuing to build individual homes on 1-2 acre lots is not an affordable approach to providing housing. Dependable water and sewer infrastructure is also critical for revitalization of our town and village centers.
Preliminary scope of work:
A consultant will be hired to:
Update the 1994 County-wide evaluation of water and sewer infrastructure
working with local municipal staff.
Prepare a conceptual plan of water and sewer infrastructure, including potential
service areas, to support future growth.
2009 Indexing of Resolutions 28
Prepare preliminary costs to expand infrastructure to accommodate planned
growth.
Work will reflect anticipated growth of the municipalities, local plans, and the
Tompkins County Comprehensive Plan."
75. AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH
THE GREATER TOMPKINS COUNTY HEALTH CARE CONSORTIUM
FOR NEW YORK STATE SHARED MUNICIPAL SERVICES
PROGRAM
WHEREAS, The Tompkins County Council of Governments (TCCOG) is comprised of
all the municipalities in Tompkins County, and
WHEREAS, the Town of Ulysses is a member of the Tompkins County Council of
Governments (TCCOG), and
WHERE AS, in 2007, the County, on behalf of TCCOG, accepted an incentive grant
award under the New York State Shared Municipal Services Program,
WHEREAS, the grant's purpose is to assist the municipalities in Tompkins County
create a local municipal health insurance consortium, and
WHEREAS, the Health Insurance Consortium will develop health benefits
coverage for all participating municipalities with the intent to provide a net sav ings
to the taxpayers of Tompkins County, and
WHEREAS, TCCOG encourages the signature of an inter-municipal agreement by
TCCOG members, now therefore be it
RESOLVED, by the Town Board of the Town of Ulysses, that the Supervisor is
hereby authorized t o execute an inter-municipal agreement effective January 1,
2010 with the Greater Tompkins County Health Insurance Consortium for the New
York State Shared Municipal Services Program subject for approval by the Town
Board prior to signing agreement.
SEQRACTION: TYPE 11-20
76. BE IT RESOLVED that the Town Board of the Town of Ulysses declares that after
review of the information that the proposal for a Special Permit will not result in any
significant environmental impacts and declares a negative impact.
77. WHEREAS, Finger Lakes Grassroots Festival (hereafter "the Applicant") applied
for a special permit for an overnight campground on premises located on Agard
Road in the Town of Ulysses, Tompkins County (Town of Ulysses tax map #20.-
1-6.1) (hereafter "the Premises"); and
WHEREAS, the Premises are located in the R-l (Rural Residence) zoning district;
2009 Indexing of Resolutions 29
and
WHEREAS, pursuant to Section 7.5 of the Town Zoning Ordinance, overnight
campgrounds are permitted in the R-l district upon approval of a Spec ial Permit
by the Town Board, subject to the design standards set forth in section 17.9 of the
Zoning Ordinance; and
WHEREAS, the Applicant submitted an Environmental Assessment Form for the
(the "EAF") in compliance with Article 8 of the Environmental Conservation Law
and Regulations adopted pursuant thereto by the Department of Environmental
Conservation of the State (collectively, "SEQR"); and
WHEREAS, this application came before the Town Board on May 12, 2009 and _____ _
WHEREAS, the Town Board adopted a Negative Declaration for this action
pursuant to SEQR;
NOW, THEREFORE, be it
RESOLVED that the Town Board hereby grants the Applicant a special permit to
operate a temporary overnight campground on the Premises for a period of one
week from July 13-20, 2009, including parking by campground patrons and event
parking for the Grassroots Festival on the Premises, subject to the following
conditions:
1. Receipt of all applicable and necessary permits from the Tompkins County
Health Department;
2. The Applicant shall submit an application for a Development District (DD)
under the Town of Ulysses Zoning Ordinance no later than August 1, 2009.
78. BE IT RESOLVED that the Town Board of the Town of Ulysses advertise a
permissive resolution for the withdrawal of money from the Audit Reserve Account to
pay the auditor for the audit in the amount of $12,043.
RESOLUTIONS ADOPTED AT THE SPECIAL TB MEETING JUNE 29, 2009
BE IT Resolved that the Town Board of the Town of Ulysses designate themselves as
lead agency for SEQR review. (Spruce Row Campsite PUD)
The Town supports and recognizes the value of existing commercial land uses, especially
Development Districts, located in areas where they might not be recommended or
identified on the Future Land Use Map. The intent of the Comprehensive Plan is only to
provide general guidance for future development. Specific allowable land uses for each
parcel are determined during the zoning update process. The Town should review
existing Development Districts (DD) in the context of the Future Land Use Plan keeping
in mind the benefits these commercial enterprises provide to the Town.
2009 Indexing of Resolutions 30
BE IT RESOLVED that the Town Board of the Town of Ulysses ad the Brown
(FEMA floodplains) area that is indicated on the Natural Features Map (page 101)
to the Future Land Use Map as Environmental Protection areas.
BE IT RESOLVED that the Town Board of the Town of Ulysses ad Northwest of Park
between Cayuga View and Rice Roads below the 780º elevation mark (taken from the
Topography Map page 103) to the Environmental Protection Area on the Future Land
Use Map.
RESOLUTIONS ADOPTED AT THE REGULAR TOWN BOARD MEETING OF
JULY 14, 2009
79. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes
for the Regular To wn Board meeting of June 9, 2009 as modified and corrected.
80. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
previous examined vouchers #215 through 267 in the amount of $37,099.07.
81. BE IT RESOLVED that the Town Board of t he Town of Ulysses declare themselves
as “Lead Agent” for the SEQR for the updating of the Spruce Row Development District.
82. WHEREAS, pursuant to General Municipal Law Section 119-o, the County of
Tompkins, the City of Ithaca, and the Towns of Ithaca and Ulysses entered into an
agreement to complete a corridor management study of New York State Route 96 within
Tompkins County to determine current and projected transportation patterns as they
relate to development in that transportation corridor and to make recommendations for
mitigation of future traffic congestion and safety issues; and
WHEREAS, a consultant team was hired and completed Technical Reports # 1, 2 and 3
with technical information, analysis and recommendations, and
WHEREAS, a survey of residents in the Route 96 Corridor was conducted, focus group
meetings with businesses/institutions in the Corridor were held, and two area-wide public
meetings were held at the Museum of the Earth regarding the Route 96 Study in 2008,
and comments received from the public participation process were factored into the
Route 96 Corridor Management Study reports, and
WHEREAS, Draft Technical Report #4 (dated 4/6/09) was prepared by the
representatives of the Route 96 Corridor Technical Review Committee, including
representatives from the participating organizations. Technical Report #4 draws from the
three earlier technical reports to develop an inter -municipal strategy for mitigating the
impacts of traffic by promoting a nodal pattern of development in the Corridor and
utilizing related strategies of enhanced transit opportunities, improved pedestrian and
bicycle connections and systems, better management of access within the corridor, traffic
calming measures, infrastructure improvements, and zoning and land use modifications
where applicable, and
2009 Indexing of Resolutions 31
WHEREAS, the Town of Ulysses Planning Board and the Town Board has reviewed
Technical Report #4 (dated 4/6/09), and the Comprehensive Planning Committee has
reviewed the study and discussed the study in relation to t he Comprehensive Plan update,
and
WHEREAS, the Town of Ulysses Comprehensive Plan Steering Committee considered
and acknowledged the importance of the Route 96 Corridor Study during the update of
the 1999 Comprehensive Plan, and now,
BE IT RESOLVED, that t he Town of Ulysses Town Board hereby supports the Route 96
Corridor Management Study and the principles therein as a useful planning tool that can
be considered by the participating organizations, and
BE IT FURTHER RESOLVED that the Town of Ulysses Town Board recommends that
the Town of Ulysses continues the cooperative planning efforts begun during the
study among participating organizations.
83. Whereas the New York State Department of Environmental Conservation (DEC) is
currently updating regulat ions governing gas drilling referred to as the
Supplemental Generic Environmental Impact Statement (SGEIS) and;
Whereas the proposed comment period to review the draft SGEIS is only 30 -days leaving
little time to carefully review what is expected to be an extensive document and;
Whereas Town leadership needs to meet and discuss the ramifications of the draft SGEIS
as well as adequate time to pass official responses to the draft SGEIS and;
Whereas Town residents also should be afforded the time to meet, discuss and respond to
the draft SGEIS;
Therefore, be it resolved that by July 20th 2009, the Town of Ulysses shall send the letter
below to DEC Commissioner, Pete Grannis; Deputy Secretary for the
Environment, Judith Enck; and Governor David Paterson, requesting the comment
period for the draft supplemental Generic Environmental Impact Statement be
extended to 90 days. Each letter will be written on the Town of Ulysses letterhead and
be signed by all Town Board members favoring this request.
84. BE IT RESOLVED that the Town Board of the Town of Ulysses approve to give the
Water Needs Survey Committee each a gift certificate in the amount of $50 to
Trumansburg Shur Save as a measure of appreciation for all their hard work.
REGULAR TOWN BOARD AUGUST 11, 2009
85. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
minutes of the Special Board Meetings of May 28, 2009, June 1, 2009, and June
29, 2009.
2009 Indexing of Resolutions 32
86. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
minutes of the Bid Opening dated July 28, 2009.
87. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the budget
modifications as follows:
Increase A1220.4 Supervisor Contractual $2500.
Decrease A1920.4 Municipal Dues 2500
Increase DA5140.4 Roadside Mowing 600
Decrease DA5120.1 Bridge Labor 600
88. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
previous examined voucher # 268 through # 301 in the amount of $20,202.48.
89. BE IT RESOLVED that the Town Board of the Town of Ulysses authorize
Supervisor Austic to sign the following agreement.
Municipal Agreement
Between
The County of Tompkins and the Town of Ulysses
Agreement, made as of August 11, 2009 between the County of Tompkins,
hereinafter referred to as the "County", and the Town of Ulysses,
hereinafter referred to as the "Town", for the reconstruction and continued
cooperative maintenance of the bridge carrying West Seneca Road over
Boardman Creek (NYS BIN 03210250), hereinafter referred to as the
"Bridge".
WHEREAS, the County and the Town cooperatively maintain the Bridge under
provisions
of New York State Highway Law §234(l0) and County Resolutions 43 of 1946 and 259
of
1998, which divide maintenance responsibilities according to specific bridge elements for
bridges on Town roads listed therein, and
WHEREAS, in response to deterioration of the Bridge, the County has applied for and
was
granted Federal funding to reconstruct the bridge and approaches; has contracted with an
engineering firm to prepare plans, specifications, and estimates for the reconstruction;
and
has scheduled reconstruction of the Bridge in 2009 -2010.
THEREFORE, IT IS AGREED AS FOLLOWS:
2009 Indexing of Resolutions 33
1. The County will administer the reconstruction of the Bridge. The County will
oversee design; acquire right -of-way; advertise and receive bids; and contract for
construction and construction inspection services.
2. The County will keep the Town informed of project progress and cost estimates
through their respective highway departme nts. The County and Town will approve
specifications, plans, and estimates for the Bridge prior to advertisement for
construction bids.
3. The County will initially pay the total project cost, estimated as $726,250, which
includes design, right of way, co nstruction, construction inspection, and
administrative components. The Town agrees to pay the County in accordance with
the division of financial responsibility illustrated in the following table.
W. Seneca Road Bridge Estimated Cost Shares
TOTAL Construction Design & ROW
% Est. Cost Estimate % Estimate %
Total 100% $ 726,250 $ 671,250 100% $ 55,000 100%
Federal 73.9% $ 537,000 $ 537,000 80% $ - 0%
County 20.8% $ 151,400 $ 107,400 16% $ 44,000 80%
Town 5.2% $ 37,850 $ 26,850 4% $ 11,000 20%
4. The County shall separately itemize and support project costs by written
documentation. The Town shall make payments to the County within 45 days of
receipt of itemized billings and supporting documentation, for design phase costs
upon Notice to Proceed to the construction contractor, and for the balance at
substantial completion of the project. All Federal reimbursements will be paid to
the
County.
5. In the event that actual costs exceed the estimates, or that Federal reimbursement
agreements are terminated or suspended, the parties to this agreement shall not be
obligated to proceed unless both parties ratify additional costs or funding is
guaranteed by Federal sources.
6. Upon reconstruction of the Bridge, the County shall be responsible for
maintenance,
refinishing, replacement , or repair of the following Bridge components:
a. abutments and inverts, including erosion and scour protection,
b. wing walls, including erosion and scour protection,
c. superstructure structural elements,
d. parapet walls,
e. miscellaneous deck elements not listed below as Town responsibilities, and
f. stream channel within permanent easements acquired for the Bridge project,
upstream and downstream of the structure.
7. For ten years following construction, the County shall also be responsible for
2009 Indexing of Resolutions 34
maintenance, refinishing, replacement, or repair of the wearing surface on the
Bridge
and approaches within approved project limits. Following this initial 10 -year
period,
the Town shall be responsible for this item, as indicated in paragraph 8, below.
8. The Town shall be responsible for routine maintenance, refinishing , replacement,
or
repair of the following Bridge components:
a. approaches, including shoulders, drainage, guide rail, pavement markings,
traffic control devices, landscaping and roadside vegetation,
b. removal and disposal of litter and rubbish,
c. removal and disposal of snow and ice,
d. removal of graffiti, and
e. repair of non-structural vandalism.
9. The division of responsibility enumerated in paragraphs 6 through 8 inclusive shall
remain in effect during construction and for the existence of the new Bridge.
90. BE IT RESOLVED that the Town Board of the Town of Ulysses rescind the
request to the Planning Board for there recommendations for a Development
District for Grassroots and,
Further Resolve the Town Board directs the Planning Board to take a further look
at Special Permits for camping and come up with an Operating Permit with
parking requirements with specific criteria.
91. Whereas: The Town of Ulysses Advertised for bids on a proposed Town Barn
construction project in the official town newspaper (The Ithaca Journal) in the
June 26, 2009 edition, and
Whereas: On July 28,2009, the official day of bid opening as ad vertised, the town
had received three bids by the 2PM opening date and time. At 2PM on July 28,
2009 the three submitted bids were officially opened at a duly advertised meeting
for bid opening, and
Whereas: The town's engineer for the project reviewed the two lowest bids for
adherence to the bid document and has indicated that the two lowest bids had in
fact bid in accordance with the bid document , and
Whereas: Fingerlakes Construction Company, Inc. was the lowest bid of record
for the project and has been deemed by the town to be a responsible bidder, now
Therefore be it Resolved That: The Town of Ulysses Town Board accepts
Fingerlakes Construction Company, Inc as the lowest responsible bid for the
2009 Indexing of Resolutions 35
construction of Ulysses Town Barn and
Be it Further Resolved That: The Town of Ulysses enters into contract
negotiations with Fingerlakes Construction Company, Inc. for construction of the
Town Barn Project as advertised.
BE IT FURTHER RESOLV that upon successful contract negotiations the To wn
Supervisor is authorized to sign the contract supplied by Ms. Geldenhuys.
92. RESOLUTION SUPPORTING STATE AND FEDERAL BILLS PROTECTING
DRINKING WATER
Whereas the Town of Ulysses stands to protect the safety of drinking water for all its
residents and all waters within the Great Lakes Basin Compact of which Ulysses and
Cayuga Lake is part, and
Whereas gas companies propose to use a technique called hydrofracturing to extract gas
from wells drilled in the Marcellus Shale. This technique is without a proven record of
ensuring the safety of ground water as a result of the hydrofracturing process, and
Whereas proven processes for safely purifying or disposing of the spent liquid resulting
from the hydrofracturing process are not in place, leaving the fate of the this liquid in
question, and
Whereas approximately forty percent of lands in the Town of Ulysses are leased to gas
drilling companies,
Therefore, be it resolved that the Ulysses Town Board urges representatives at the state
and federal level to support any state or federal legislation or regulation that definitively
protects water resources, including drinking water. We support the House of
Representatives Bill 2766 sponsored by Maurice Hinchey, Diana DeGette, and Jared
Solis, and Senate Bill 1215 sponsored by Robert Casey and Charles Schumer which asks
for a repeal of the exemption of hydrofracturing liquid from the Safe Drinking Water Act
of 2005 and also requires the ingredients of hydrofracturing liquid to be public.
Be it further resolved, That a copy of this resolution shall be sent to Governor
Paterson, Senators Winner, Seward, and Nozzolio, Speaker Silver, Assemblywoman
Lifton, Chair of Senate Committee on Environmental Conservation Marcellino, Chair of
Assembly Committee on Environmental Conservation Sweeney, Attorney General
Cuomo, Representatives Arcuri and Hinchey, Senators Schumer and Gillibrand, New
York State Association of Towns, Department of Environmental Conservation
Commissioner Pete Grannis, and New York State Deputy Secret ary for the Environment
Judith Enck.
SPECIAL TOWN BOARD MEETING AUGUST 27, 2009
2009 Indexing of Resolutions 36
93. BE IT RESOLVED that the Town Board of the Town of Ulysses has made its
findings and issued a negative declaration, under SEQR as to the re -zoning issue.
94. RESOLUTION of the Town Board of the Town of Ulysses establishing and
authorizing Development District No 1 Amendment (Formerly Development District No.
1, as amended October 8, 1991), pursuant to Article I V Section 5 of the Town of Ulysses
Zoning Ordinance dated November 28, 2007.
WHEREAS, application has been made to the Town Board by Scott Sherwood for a
Planned Development District pursuant to Ulysses Zoning Ordinance, Artic le IV Section
5 for Spruce Row Campgrounds located at 2235 Kraft Road, Tax Parcel #26.-1-5.2 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 Bo ard 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 June 2, 2009 and
WHEREAS, the Town Board, after due publication and notice, has held a public
hearing o n August 27th, 2009 hearing applicants presentation and public comment
thereon, and receiving a full environmental assessment form fo r a Type I action
under the State Environmental Quality Review Act; and
WHEREAS, the Town Board has made its findings and issued a negat ive
declaration of significance, under SEQR as to the re-zoning issue; and
WHEREAS, the Town Board has received by letter dated July 30, 2009
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
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of
Ulysses hereby approves the amendment of Development District No. 1 as follows:
16.3.1 (a) Allowed uses
The purposes for which the district may be used are as follows:
1. The site plan as listed on the map dated June 2009 for this district is listed as a legal
and conforming use. Any future buildings, site changes/additions will require compliance
with the Zoning Regulations Section 17.9.1 Campgrounds-Seasonal.
Site Plan Review shall be required for future buildings, site changes/additions above the
208 sites regulated by Tompkins County Department of Health.
2009 Indexing of Resolutions 37
The maximum sites for the Development District shall be 425.
2. Campsites.
3. Living accommodations for campers shall be Tents, Recreational Vehicles,
Recreational Park trailers, or camping cabins intended for transient use.
A Tent shall be defined as a portable shelter , made of fabric, stretched over a supporting
framework of poles with ropes and pegs.
A Recreational Vehicle shall be defined as a vehicle that can only be moved on the
highway without a special permit from the New York State D.O.T, (therefore no wider
than 8 feet)built on a single chassis, mounted on wheels, with gross trailer area not to
exceed 400 square feet in area.
A Recreational Park Trailer shall be defined as a vehicle that can be moved on the
highway with a special permit from the New York State D.O.T (therefore may be wider
than 8 feet but no more than 12 feet) built on a single chassis, mounted on wheels with
gross trailer area not to exceed 400 square feet in area.
A Camping Cabin shall be defined as a hard sided tent or shelter less than 400 squar e feet
in an area without plumbing which is on skids or otherwise designed to be readily
moveable.
4. The campgrounds shall be open for the season camping annually from May 1 through
October 31. Off-season, no more than 20 percent occupancy of existing sites at any given
time is permit ted for temporary camping units. Length of stay is no more than seven (7)
consecutive days during the off-season. (This is designed to accommodate such
recreational activities as hunting, fishing, skiing, etc.) Snowmobiles will be limited to 4
per site with a maximum of 40 allowed in the campground at anyone time.
5. Commercial sales of Recreational Vehicles, Recreational Park Trailers and Retail Sales
of camping related items shall be an allowed use.
6. The following recreational uses are allowed in the campsite for only registered
campers and guests: Mini-golf, hayrides, arcade, 2 playgrounds (as listed on the map),
Swimming pool, fishing pond, paddle boat rentals, geo-caching, pedal cart rentals, golf
cart rentals, volleyball, basketball, horseshoes, nature & hiking trails, live music
entertainment, ball field and similar activities.
16.3.1 (b) District Area Boundaries
The area of said district shall be approximately 83 acres as described on the map dated
June 2009.
The district boundaries are as follows: All that tract or parcel of land situated in the Town
2009 Indexing of Resolutions 38
of Ulysses, County of Tompkins and State of New York, being part of Military Lot 16 in
said Town and bounded and described as follows:
BEGINNING at a point in the centerline of Kraft Road approximately 2,643 feet from the
west line of Military Lot 16, thence south parallel to the west line of Military Lot 16
approximately 2,061 feet to the south line of Military Lot 16; thence west along the said
south line of Military Lot 16 approximately 2,643 feet to the west side of said Military
Lot 16 (being the east line of military lot 15); thence north along the west line of Military
Lot 16 approximately 1,188 feet to a point; thence northeasterly along a hedgerow and
woodlot about 528 feet; thence southeasterly along the said hedgerow and woodlot about
462 feet ; continuing in a southeasterly direction along the said hedgerow about 792 feet
to a second hedgerow which runs north and south; thence north alo ng said second
hedgerow about 792 feet to a third hedgerow which runs east and west ; thence west and
parallel to Kraft Road approximately 88 feet to a point; thence north and perpendicular to
Kraft Road approximately 351 feet to a center line of Kraft Road; thence east along
center line of Kraft Road 1,034 feet to the point of beginning.
16.3.1 (c) Specifications for Campsites
1. The number of campsites in the district is not to be more than 425 sites. The sites shall
be a minimum of 30 feet wide and a depth of 50 feet or as directed by NYS DOH.
2. East of the driveway (to the left as entering the campgrounds) campsite numbers 2, 4,
6 to 9, 11, 20, 21 and 20A are to remain as they are. No campsites will be permitted
closer than 275 feet from the center line of Kraft Road. A natural vegetative buffer must
be maintained between the eastern most campsites and the eastern most boundary.
Campsites to remain as they are on the map, no new campsites are to be added within this
area.
3. Parking: Two hour temporary parking is permitted north of the hedgerow (labeled as
Hedgerow # 1 on the map) for patrons and their guests.
4. Each campsite shall have a designated area for a campfire that shall be located, cleared
and protected in accordance with recommendations of the Trumansburg Fire Chief. All
firewood in the campground to be in compliance with DEC Regulations on transported in
firewood.
5. The sites as listed in the map dated June 2009 shall be considered legal, and
conforming according to existing zoning regulations. All new and additional campsites
are required to be in compliance with the Zoning Regulation Section 17 .9.1
Campgrounds-Seasonal
6. Recreational Park Trailers will be limited to 15% of existing sites within the district
not to exceed 43 sites. Recreational Park Trailers can be located on sites indicated with an
X on the map dated June 2009.
2009 Indexing of Resolutions 39
7. Camping Cabins will be limited to 15% of existing sites within the district not to
exceed 43 sites.
16.3.1 (d) Sewage and Garbage Disposal
1. Sewage and garbage disposal shall meet all requirements of the Tompkins County
Health Department .
2. Rodent -tight refuse containers shall be provided so that there shall be a minimum of
one container for every four campsites.
3. There shall be absolutely no dumping of any type of refuses whatsoever in Willow
Creek.
4. Garbage shall be picked up at least twice per week during the months of June, July and
August, and at least once per week the remainder of the season.
5. Underground sewage receptacles shall not be allowed within 100 feet of the edge of
Willow Creek-all recreational vehicles within that area must have self-contained sewage
holding tanks.
16.3.1 (e) Water
1. Drinking water shall be provided and conform to the standards of the Tompkins
County Health Department .
2. There shall be no cleaning activities (activities that include soaps, shampoos, or
cleansers) in Willow Creek (e.g. bathing, car washing, and dishwashing).
3. Under conditions of drought a water conservation plan shall be enacted that could
include reduction of shower usage, prohibition of washing vehicles, campers and pets.
Further under drought consideration no watering of lawns or plants shall take place.
16.3.1 (f) Maintenance
1. The entire district shall be kept free and clear of all litter and be maintained in a neat
and orderly manner.
2. A monthly visual inspection shall be conducted of the sewage holding tanks of all
Recreational Vehicles and Recreational Park Trailers located along and up gradient o f
Willow Creek.
3. Chlorinated water from the swimming pool will not be discharged in excess of 100
gallons in a 24 hour period for maintenance procedures.
16.3.1 (g) Signs
2009 Indexing of Resolutions 40
One namesake sign or bulletin board not exceeding eighteen (18) square feet is allowed.
Said sign shall not be self-illuminating and the bottom of said sign shall not be more than
five (5) feet from the ground.
16.3.1. (h) Commercial Sales
1. Commercial sales of Recreation Vehicles and Recreational Park Trailers are allowed in
this district . A maximum of 6 units may be displayed in the area (40' x 75') listed on the
map dated June 2009.
2. New units are allowed on camping sites for purpose of commercial sales.
3. Individuals may display their used units for second hand sale o n sites within the
district.
4. The existing retail store for sales of camping related items such as firewood, ice, and
sundry items for the accommodations of the campers and their guests is permitted.
16.3.1 (i) Storage
1. Storage of recreation vehic les and boats on trailers is allowed, with the provision that
no more than 60 percent of the existing campsites can be used for storage and no more
than one unit per campsite.
2. In-season storage shall be limited to the campsites themselves or the area designated
on the map June 2009 as off site storage.
16.3.1 G) Buffers
All natural buffers are to remain, and in addition:
1. From the current driveway, east, approximately 40 feet from the centerline of the road
in line with the current tree line, a hedge (indicated as Hedgerow #2 on the map) of
evergreens is to be maintained, using a minimum spacing of 6 feet , with the minimum
size of trees to be planted of 4 feet and with the hedgerow to be two rows of trees deep. If
any trees die, they are to be replaced.
2. The area along hedgerow # 1 is to be inter -planted with evergreen trees and shrubs,
from the entrance road to the west boundary. The purpose is to create a dense visual
barrier to hide vehicles and activities and to provide privacy for re gular users and
campers as well as neighbors. Minimum size of plants at planting shall be 4 feet.
3. All natural covers on the remaining boundaries shall remain and natural growth of said
hedgerows shall be encouraged.
4. The existing sites along Willo w Creek indicated on the map dated June 2009 will be
2009 Indexing of Resolutions 41
maintained with a minimum 20' wide natural vegetative buffer adjacent to the stream. All
future sites will be in compliance with Zoning Regulation Section 17.9.1 which states no
campsite, buildings, structures, or parking areas shall be located within one hundred
(100) feet of a stream edge or any wetland as defined by state or federal law.
16.3.1 (k) Mobile Home
1. One mobile home, larger than 750 square feet, shall be permitted in the Development
District as indicated on the map dated June 2009.
2. The mobile home will be skirted and the hedgerow that now exists shall remain as
screening.
95. BE IT RESOLVED that the Town Board of the Town of Ulysses adopt a
resolution subject to a permissive resolution to transfer up to $408,000 from the
Capital Reserve Account to the Highway Town Barn Account #A5132.2.
96. BE IT RESOLVED that the Town Board of the Town of Ulysses declare the Water
Vehicle that was totaled in the accident as junk.
REGULAR TOWN BOARD MEETING SEPTEMBER 8, 2009
97. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes
of the Regular Board meetings of July 14, 2009 and August 11, 2009 as corrected and
changed per Ms. Thomas and Ms. Tyler.
98. BE IT RESOLVED that the Town Board of the Town of Ulysses approved the
previous examined vouchers #302 through #340 in the amount of $40,530.12.
99. BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Richard
Coogan to the Board of Directors for the Healthcare Consortium and,
Further Resolved that Alex Rachun be appointed as the alternate to the Board.
100. BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes
Supervisor Austic to attend the action and spend up to $10,000 on a used vehicle.
101. BE IT RESOLVED that the Town authorizes spends up to $300 for a celebration of
the completion of the Better Housing Grant program.
FURTHER RESOLVE that the Town applies for the Celebration Grant.
102. BE IT RESOLVED that the Town Board o f the Town of Ulysses support the
Village of Trumansburg to investigate billing and work out the details that are associated
with that billing and present that to the Town of Ulysses in the next 30 days.
2009 Indexing of Resolutions 42
103. BE IT RESOLVED that the Town Board of the Town of Ulysses along with the
Village of Trumansburg, the Town of Hector and the Town of Covert investigate
developing a fire district or an advisory board ( made up of municipal
representatives based on contributions) to oversee the expenditures for both EMS and the
Fire Department.
SPECIAL TOWN BOARD MEETING SEPTEMBER 28, 2009
The Town supports and recognizes the economic value of existing commercial land uses
and existing Development Districts, located in areas where they might not be
recommended or identified on the Future Land Use Map.
Add the following sentence: Consideration for specific environmentally sensitive sights
for recommendations as Critical Environmental Areas will be reviewed by the Town
Planning Board for consideration by the Town Board.
Table 2 identifies the highest priority action items for the Town to undertake
towards successful implementation of this Plan.
Resolved that the Town Board of the Town of Ulysses update the Future Land
Use Map (page 39) to reflect the change as depicted on the attached map to the
“Office and Technology Mixed Use” category to a larger area.
Further Resolved that a copy of this map will be faxed to Ms. Baptiste at
Bergmann Associates.
BE IT RESOLVED that the Town Board of the Town of Ulysses adopt t he
Comprehensive Plan of July 2009 as amended at tonight’s meeting.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve that the
Planning Board be authorized to spend up to $500 on environmental legal advice
to get their questions answered o n CEA’s.
REGULAR TOWN BOARD MEETING OCTOBER 13, 2009
104. BE IT Resolved that the Town Board of the Town of Ulysses approve the minutes
of the Regular Town Board meeting of September 8, 2009, the Special Board meetings of
July 9, 2009, August 27, 2009 and September 28, 2009 and the Public Hearing of August
27, 2009.
105.
GENERAL FUND A
Increase A1320.4 Audit $1400.00
2009 Indexing of Resolutions 43
Increase A1620.4 Building CE 1500.00
Increase A6672.4 Veterans Svc. 25.00
Increase A9060.8 Health Ins. 8752.00
Decrease A1990.4 Contingency 11677.00
HIGHWAY FUND DA
Increase DA5140.1 Brush and Weeds PS 2174.84
Increase A9060.8 Health Ins. 7741.00
Decrease DA5120.4 Bridges CE 9915.84
HIGHWAY FUND DB
Increase DB9060.8 Health Ins. 1448.00
Decrease DB5110.4 Gen. Repair CE 1448.00
Mr. Kerness moved seconded by Ms. Thomas the following:
BE IT Resolved that the Town Board of the Town of Ulysses approve the above
budget modifications for the 2009 budget.
106. BE IT Resolved that the Town Board of the Town of Ulysses approve the
previous examined vouchers #’s 341 through 386 in the amount of $42,977.12.
107. Resolution, urging Department of Environmental Conservation
Commissioner Grannis to promulgate regulations requiring that local
governments be designated as involved agencies for SEQR proceedings relating
to natural gas permit applications for proposed sites within the boundaries of the
local governments; and that local government’ views be sought and given
significant weight when determinations relating to natural gas permits
applications are made.
Whereas, it is estimated that the geologic rock bed known as Marcellus Shale may
contain up to several cubic feet of natural gas;
Whereas. Dramatic increases in the price of crude oil and the corresponding need
to reduce our nation’s dependence on foreign oil have resulted in a tremendous
increase in interest and activity relating to natural gas exploring and drilling;
Whereas, municipalities in which natural gas drilling is proposed, should be
consulted regarding natural gas permit applications and the comments of
2009 Indexing of Resolutions 44
municipalities should be considered and given significant weight when
determinations relating to natural gas applications are made;
Now Therefore Be It Resolved that the Ulysses Town Board requests that the
Department of Environmental Conservation promulgate regulations to require that
local government be designated as involved agencies for State Environmental
Quality Review Act (SEQRA) proceedings relating to natural gas applications for
proposed sites within the boundaries of the local governments and that local
governments’ views be solicited and given significant weight when
determinations relating to natural gas applications are made; and further
Resolved, that copies of this resolution shall be forwarded to: Commissioner Pete
Grannis, NYS Department of Environmental Conservation, and Governor David
Peterson. Representative Michael Arcuri, State Senator George Winner, State
Assemblywoman Barbara Lifton and County Legislator James Dennis.
108. BE IT Resolved that the Town Board of the Town of Ulysses adjourn to an
executive session for the discussion of a personnel matter.
SPECIAL TOWN BOARD MEETING OCTOBER 22, 2009
109. BE IT RESOLVED that the Town Board of the Town of Ulysses approve a
1% pay increase for all .01 accounts in the 2010 Budget.
110. BE IT RESOLVED that the Town Board of the Town of Ulysses moves the
tentative budget with the changes made to the 2010 to Preliminary Budget and be
advertised for the Public Hearing to be held on November 4th, 2009 at 6:30 pm.
REGULAR TOWN BOARD MEETING NOVEMBER 10, 2009
111. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
minutes for the Regular Town Board meeting of October 13th, 2009 and the Special Town
Board meeting of October 22, 2009.
112. Mr. Kerness moved, seconded by Ms. Thomas the following 2009 Budget
Modifications:
General Fund A
Increase A9060.8 Health Insurance $1500.
Increase A1920.4 Ass. Dues 49.
Decrease A3510.4 Dog Control $1549.
Highway DA
2009 Indexing of Resolutions 45
Increase DA5140.1 Brush & Weeds PS $ 800.
Decrease DA5120.1 Bridges PS 800.
113. BE IT RESOLVED that the Town Board of the Town of Ulysses approve voucher
#387 through 426, less voucher #402 in the amount of $15000, for a total of $128,552.25.
114. BE IT RESOLVED that the Town Board of the Town of Ulysses except the price
for the Town of Ulysses insurance from E.C. Cooper and continue with them.
115. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
expense of $200 to help pay for a stenographer to take comments at a public hearing and
provide this information to DEC.
FURTHER RESOLVED that the $200 be taken from the account A1010.4 Town Board
Contractual.
116.BE IT RESOLVED that the Town Board of the Town of Ulysses use the $35,000
more of fund balances in the A Fund that was received from additional mortgage tax and
use $35,000 less Sales Tax in the A Fund but increase $35,000 use of Sales Tax in the
DA Fund.
117. BE IT RESOLVED that the Town Board of the Town of Ulysses approve to adopt
the 2010 Budget as modified.
118. BE IT RESOLVED that the Town Board of the Town of Ulysses adjourn to
executive session for a personal matter.
DECEMBER REGULAR TOWN BOARD 12/8/2009
119. BE IT RESOLVED that the Town Board of the Town o f Ulysses approve the
minutes of the November Regular Town Board meeting with minor modifications
120. BE IT RESOLVED that the Town Board of the Town of Ulysses approve increasing
A1620.4 by $1584.18 and decreasing A3510.4 by $1584.18.
121. BE IT RESOLVED that the Town Board of the Town of Ulysses approve voucher
#’s 427 through 473 in the amount of $202,180.73.
122. BE IT RESOLVED that the Town Board of the Town of Ulysses recommends that
Ms. Tyler remain the Ulysses representative on the EMC Board.
123. RESOLUTION TO COMMENT ON THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION’S DRAFT SUPPLEMENTAL GENERIC
ENVIRONMENTAL IMPACT STATEMENT ON WELL PERMIT ISSUANCE FOR
HORIZONTAL DRILLING AND HIGH-VOLUME HYDRAULIC FRACTURING TO
2009 Indexing of Resolutions 46
DEVELOP THE MARCELLUS SHALE AND OTHER LOW-PERMEABILITY GAS
RESERVOIRS.
Whereas the Town of Ulysses is above the natural gas deposit in the Marcellus Shale; and
Whereas all residents could be impacted from gas drilling whether it be from drinking
water contamination, increased truck tr affic, potential damage to roads, air pollution,
destruction of scenic views, unwanted noise, light pollution, a disregard of current
zoning, or a combination of all these factors; and
Whereas the Town of Ulysses supports the intention of the supplemental Generic
Environmental Impact Statement (sGEIS) to limit the environmental impact of shale -gas
development, however there are areas where it is critical that additional measures are
taken to protect human health and preserve the environment.
Therefore, be it resolved that to ensure the health, welfare, and safety of Ulysses
residents, to protect its natural resources, and preserve its character, the Town of
Ulysses requests the Department of Environmental Conservation withdraw its draft
Supplemental Generic Environmental Impact Statement (sGEIS) until the following
concerns are resolved and those of other municipalities are resolved:
Water
The sGEIS should comprehensively address the cumulative impacts on stream flows
from surface water withdrawal from creeks and lakes acknowledging pre-existing and
future water needs. [P.7-22].
The sGEIS states it will encourage operators to position rig fuel tanks 500 feet from
any primary or principal aquifer, public or private water well, domestic-supply spring,
reservoir, reservoir stem, controlled lake, watercourse, perennial or intermittent
stream, storm drain, wetland, lake or pond, but does not require this setback. It must
be required [p 7-27].
The draft sGEIS states that the DEC may require the applicant to identify in
application materials the anticipated maximum number, type, and volume of liquid
fracturing additive containers to be simultaneously present onsite. [P 7-32]. This must
be required rather than leaving it optional.
Although hydrofracturing used in the extraction of natural gas is exempt from the
federal Safe Drinking Water Act, the DEC must require adherence to this law in its
sGEIS regulations.
The draft sGEIS states on page 7-38 that routine testing of drinking water should no
longer be necessary a year after the last hydrofracturing event. Given that little is
known about the hydrofracturing process, annual testing should continue for at least 5
years. [section 7.1.4.1]
2009 Indexing of Resolutions 47
The sGEIS states that drinking water wells within 1000 feet of a gas well are required
to be tested for contamination. The sGEIS must be revised to require surface water
drinking sources within 1000 feet to be included as well.
The DEC needs to revise the sGEIS to be more specific about how water quality data
will be evaluated and the criteria it will use to make determinations.
County Health Departments are required in the sGEIS to investigate complaints about
water contamination, but costs associated with these investigations are not funded by
the State to cover the increased staffing for this work. The DEC must work in
conjunction with the County Health Departments in order to adequately protect water
resources [page 7-42 section 7.1.4.1].
Centralized flow back water surface impoundments must not be allowed. All flow
back liquid should be stored in closed steel containers. [Section 7.1.7 pg. 7 -51]. This
would prevent the need for the air pollution setbacks as described in section 7.5.3 pg
7-89, would negate the concern over wildlife drinking flow back water, and further
ensure no leakage into groundwater or overflow caused by above average rainfall or
corrupted dams.
Publically Owned Treatment Works (POTW) cannot adequately treat the quantity of
brine and chemicals predicted to be generated as flow back. The total disso lved solids
are too high for POTW to treat in facilities not designed for this type of disposal. The
draft sGEIS does not require flow back to be tested for materials that cannot be safely
treated in POTW such as benzene, toluene, naturally occurring radio active materials
(NORMS), and the high concentrations of salt prior to receiving the liquid. With the
chemicals now allowed in the dsGEIS, flow back water must be treated at facilities
specifically designed and built to treat contaminants generated from th is
hydrofracturing process not in POTW [section 7.1.8.1 pg 7-56]. These water
treatment facilities must know the full chemical content of the flow back water prior
to treatment. If hydrofracturing additives could be restricted to biodegradable
materials, t his could be reconsidered [section 7.1.8].
Section 7.1.11 is titled Protecting the Quality of New York City’s Drinking Water
Supply. This protection cannot be limited to the water supply of New York City.
Cayuga Lake is a major supply of drinking water for the Tompkins County region
including the Town of Ulysses. The draft sGEIS suggests drillers avoid drilling in the
vicinity of New York City’s drinking water, but this must be expanded to ALL
watersheds, aquifers, and private drinking water wells in New York State.
Setbacks from any stream, river, lake or other body of water must be increased from
the proposed 150 feet to 1000 feet [section 7.1.12.2 page 7-69], to be consistent with
the requirements for drinking water wells.
Actions located within 100 feet of a DEC-regulated wetland require permits from the
DEC [Page 7-6 section 7.1.1.1]. Other wetland resources should be considered as
2009 Indexing of Resolutions 48
well such as those identified by the National Wetland Inventory. All of these wetlands
serve important roles to water quality, habitat, and other functions. Site-specific
analyses should include mapping of all existing wetlands on a site and setbacks
expanded to 1000 feet.
The draft sGEIS requires that additive products for the hydrofracturing process be
disclosed, but t he actual ingredients and their proportions within those products are
not. The DEC should require full disclosure of all ingredients in products [8.2.1.2].
This information must be made public for the benefit of first responders, physicians,
and for scient ific review.
Section 5.4 discusses specific chemicals that may be used in the fracturing fluids and
lists the desirable properties, including minimal environmental effects, but does not
identify which additives meet these criteria. Section 5.4.3.1 lists serious health
hazards associated with the chemicals along with a statement that “toxicity data are
very limited for many chemical additives to fracturing fluids”. The DEC should
identify which additives would minimize environmental and human health impact s. If
drillers wish to use alternative chemicals, they must be required to provide an
additional environmental review for approval.
In section 9.3.1 the DEC discusses preliminary work on green chemical alternatives.
They should return to this investigation and identify green chemicals.
Analysis of flow back liquid in Pennsylvania and West Virginia frequently show high
concentrations of 4-Nitroquinoline-1-oxide, a highly toxic chemical. The dsGEIS
does not address this finding which is a concern. The DEC must provide better
guidelines for chemical additives to prevent water contamination from high risk
chemicals. The DEC should also assess the additive effects of the many chemicals
being used together.
Due to their extreme toxicity, 4-Nitroquinoline-1-oxide, benzene, toluene, ethyl
benzene, and xylenes must be banned from use in fracturing fluids.
Cracks in well casings are one of the main avenues for contamination from
hydrofracturing liquid into drinking water wells. DEC inspectors must be on site
when well casings are being poured [4.1.4.2 pg 4-48.
Planning and Zoning
Local zoning ordinances should be followed and Towns should be designated as
involved agencies for determining environmental impacts from gas drilling. Gas
drilling is an industrial use of land and should not be allowed in or within 1000 feet of
2009 Indexing of Resolutions 49
R1-rural residential, R2-moderate residential, H1 and 2- hamlets, or PR-
Park/recreation in the Town of Ulysses.
Drilling activities must adhere to the local noise and light ordinances described in the
Town of Ulysses zoning law.
Drilling activities must take into consideration the intent of the Comprehensive Plan
for the Town of Ulysses especially regarding the designated areas for conservation,
environmental protection, lakeshore, unique natural areas, parks, steep slopes,
streams, gorges, prime agricultural lands, scenic views, and recreational areas as
spelled out in figure 6: Natural Features (page 101) and figure 10 Community
Resources (page 121) of the 2009 Comprehensive Plan. The Comprehensive Plan
strongly encourages activities that will increase tourism, small scale agriculture, and
outdoor recreation. Natural gas drilling should be prohibited in areas that will
compromise these activities and negate the intent of the Comprehensive P lan.
Drilling activities must not occur within 1000 feet of a critical environmental area as
designated by towns.
Many adverse impacts may be prevented by mandating that drilling companies plan
and site their drilling operations to avoid natural featu res such as steep slopes and
maintaining sufficient separation from environmentally sensitive features, such as
streams and wetlands [7-23].
Other
The dsGEIS describes that physical barriers to public access at least 500 feet from the
well pad could prevent negative exposure to pollutants. The SGEIS should
specifically require a physical barrier. Working with the Public Service Commission,
the NYS DEC needs to determine the proper setback distance to limit exposure, not
simply assign 500 feet as a setback. (p. 7-89 to 90).
Drilling companies should be required to notify Towns when EACH permit is granted
not simply the first permit. The DEC should require gas companies to enter in to a
road use agreement which would include route selection for maximum efficiency and
safety, coordination with emergency management and highway departments, road
upgrades for water transport, and road use agreements to pay for road repairs in the
event of damage due to heavy truck traffic which by the DEC’s own estimations
would range from 890 to 1350 truck loads per well [section 6.10 pg 6-137 and section
7.11 pg 7-109/110].
The sGEIS does not evaluate the impact of increased truck traffic and states that this
is more appropriately considered in the context of policy making, p rimarily at the
local level, but local governments are understaffed for projects of this magnitude
without additional funding [section 7.11 pg 7-109, section 8.1.1.5 pg 8-4]. Road use
agreements should be required prior to any drilling action.
2009 Indexing of Resolutions 50
Due to the chemicals and potential radioactivity contained in the hydrofracturing flow
back liquid as stated above, this liquid should not be allowed to be spread on roads
where it can be transported to Cayuga Lake through culverts and ditches [section
7.6.1.2 pg 7-50].
The sGEIS should include quantification of possible cumulative impacts of gas well
drilling not only on water resources, but also on community infrastructure and social
services, and at least semi-quantitative analyses of a range of potential mitig ation
strategies. This will require coordination among a number of state and local agencies,
as well as additional funding for them.
The Cargill salt mine runs through tunnels under Cayuga Lake, the Town of Ulysses
and the Town of Lansing. How horizontal drilling and hydrofracturing will interact
with this existing mining must be addressed in the dsGEIS, especially in areas near
and under Cayuga Lake.
The State of New York’s official policy, enacted into law, is "to conserve, improve
and protect its natural resources and environment . . ," and it is the Department’s
responsibility to carry out this policy. Natural gas drilling does not conserve, improve
and protect New York State’s natural resources and environment.
The DEC currently has only 17 inspecto rs for over 13,000 existing wells; if gas
production by hydraulic fracturing begins, there could potentially be tens of
thousands of more wells in New York State. The draft SGEIS does not address how
the number of inspectors will be increased or where funds will come from to pay for
more inspectors; the current plan expressed in the draft sGEIS is woefully inadequate
to manage natural resources to assure their protection and balanced utilization,
prevent and abate water, land and air pollution, and regulat e storage, handling and
transport of solids, liquids and gases to prevent pollution.
Rules within the sGEIS need to be clearer for the benefit of everyone involved, using
words such as “require”, “must”, and “shall” rather than the more vague terms such a s
“should” “might” or “may”.
Be it further resolved that this resolution be sent to Governor David Paterson, Senators
Charles Schumer and Kirsten Gillibrand, Representative Michael Arcuri, State Senator
George Winner, State Assemblywoman Barbara Lifton, State Assembly speaker Sheldon
Silver, State Senate President Malcolm Smith, State Attorney General Andrew Cuomo,
and County Legislator James Dennis.
DEC Representative.
124. CREATING AN AD HOC COMMITTEE ON LAKESHORE ZONING
2009 Indexing of Resolutions 51
WHEREAS, the Comprehensive Plan adopted September 2009 by the Ulysses Town
Board cited the need for lake shore zoning as the 2nd and 3rd priorities for short term
implementation; and
WHEREAS, the Town Planning Board whom the Town Board has charged with
developing recommendations for the Town Board, and
WHEREAS, the current significant work load of the Planning Board, including the
development of a conservation zone ( first priority of the 2009 Comprehensive Plan),
precludes it from taking on this additional responsibility within the desired time frame;
and
WHEREAS, the West Shore Homeowner’s Association supports Lake Shore zoning and
has urged the Town Board to move forward expeditiously on this issue, now therefore be
it
RESOLVED, that the Ulysses Town Board hereby authorizes the creation of a time-
limited Ad Hoc committee on Lake Shore Zoning effective January 2010, and be it
further
RESOLVED that the charge to the committee, objectives, composition of the committee,
tasks and time targets are described below and hereby incorporated into this resolution.
Objectives of the Ad Hoc Committee on Lakeshore Zoning
Develop a DRAFT zoning law to be forwarded to the Planning Board and Town Board
that gives primary consideration to natural and environmental resources, and considers;
New development as it relates to and impacts steep slopes, water quality, soil erosion and
view sheds.
Existing properties as future design standards may dictate including any improvement
made, be evaluated to determine any impacts on natural features, ste ep slopes, water
quality, soil erosion, and view sheds.
Specific concerns such as; septic testing, density limitations, and design standards for
docks, boat houses, moorings and accessory buildings.
Composition of the Ad Hoc Committee on Lakeshore Zoning
Public (2 Representatives)
West Shore Homeowner’s Association (1 Representative) Don Smith (willing to be
Chairperson)
Town Board (1 Representative) Dave Kerness
2009 Indexing of Resolutions 52
Planning Board (1 Representatives) Rod Hawks
Board of Zoning Appeals (1 Representative)
Total = 6 Members
Clerical support - Robin Carlisle-Peck
Schedule Targets
Kickoff January 2010
Develop First Draft February 2010
Public Informational Meeting April 2010
Planning Board Review, comment and approval May 2010
Public Hearing July 2010
Town Board review and adoption August 2010
Tasks
Chris Blistro, Town of Ithaca Planning, will present Ithaca’s Lakeshore zoning
law and rationale. Planning and Town Board to be invited.
Review Town of Ithaca’s Lakeshore zoning & other municipalities.
Develop 1st Draft and Review with Alex Rachun
Review Draft with the Department of Health
Support application for legislative authority under section 46a of the NYS
Navigation Law to enact regulations concerning boat houses, moorings, and decks
on a Cayuga Lake within the Town.
Develop Preliminary zoning language & review with Planning Board and Town
Board members
Finalize Preliminary zoning law for a Public Information meeting (Chris to
support).
Modify as required and present to Planning Board for review and comments,
approval
Present to Town Board for review, comments, approval
Prepare for Public Hearing after Town Board approval
Minutes of meetings shall be taken and a vailable for Town web site posting
2009 Indexing of Resolutions 53
125. BE IT RESOLVED that the Town Board of the Town of Ulysses
approves the gift certificates to the employees and related board members for
there dedicated service and hard work throughout the year in the amount of $50
each.
126. BE IT RESOLVED that the Town Board of the Town of Ulysses adjourn to
executive session to discuss a possible legal litigation matter
127. BE IT RESOLVED that the Town Board of the Town of Ulysses hold the
2010 Organizational Meeting January 4th, 2010 at 7PM at the Town Hall.
DECEMBER REGULAR TOWN BOARD MINUTES
128. BE IT RESOLVED that the Town Board of the Town of Ulysses approve
the minutes of the November Regular Town Board meeting with minor
modifications.
129. BE IT RESOLVED that the Town Board of the Town of Ulysses approve
increasing A1620.4 by $1584.18 and decreasing A3510.4 by $1584.18.
130. BE IT RESOLVED that the Town Board of the Town of Ulysses approve
voucher #’s 427 through 473 in the amount of $202,180.73.
131. BE IT RESOLVED that the Town Board of the Town of Ulysses
recommends that Ms. Tyler remain the Ulysses representative on the EMC Board.
132. RESOLUTION TO COMMENT ON THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION’S DRAFT SUPPLEMENTAL GENERIC
ENVIRONMENTAL IMPACT STATEMENT ON WELL PE RMIT ISSUANCE FOR
HORIZONTAL DRILLING AND HIGH-VOLUME HYDRAULIC FRACTURING TO
DEVELOP THE MARCELLUS SHALE AND OTHER LOW-PERMEABILITY GAS
RESERVOIRS.
Whereas the Town of Ulysses is above the natural gas deposit in the Marcellus Shale; and
Whereas all residents could be impacted from gas drilling whether it be from drinking
water contamination, increased truck traffic, potential damage to roads, air pollution,
destruction of scenic views, unwanted noise, light pollution, a disregard of current
zoning, or a combination of all these factors; and
Whereas the Town of Ulysses supports the intention of the supplemental Generic
Environmental Impact Statement (sGEIS) to limit the environmental impact of shale -gas
development, however there are areas where it is cr itical that additional measures are
taken to protect human health and preserve the environment.
2009 Indexing of Resolutions 54
Therefore, be it resolved that to ensure the health, welfare, and safety of Ulysses
residents, to protect its natural resources, and preserve its character, t he Town of
Ulysses requests the Department of Environmental Conservation withdraw its draft
Supplemental Generic Environmental Impact Statement (sGEIS) until the following
concerns are resolved and those of other municipalities are resolved:
Water
The sGEIS should comprehensively address the cumulative impacts on stream flows
from surface water withdrawal from creeks and lakes acknowledging pre-existing and
future water needs. [P.7-22].
The sGEIS states it will encourage operators to position rig fuel tanks 500 feet from
any primary or principal aquifer, public or private water well, domestic-supply spring,
reservoir, reservoir stem, controlled lake, watercourse, perennial or intermittent
stream, storm drain, wetland, lake or pond, but does not require this setback. It must
be required [p 7-27].
The draft sGEIS states that the DEC may require the applicant to identify in
application materials the anticipated maximum number, type, and volume of liquid
fracturing additive containers to be simultaneously present onsite. [P 7-32]. This must
be required rather than leaving it optional.
Although hydrofracturing used in the extraction of natural gas is exempt from the
federal Safe Drinking Water Act, the DEC must require adherence to this law in its
sGEIS regulations.
The draft sGEIS states on page 7-38 that routine testing of drinking water should no
longer be necessary a year after the last hydrofracturing event. Given that little is
known about the hydrofracturing process, annual testing should continue for at least 5
years. [section 7.1.4.1]
The sGEIS states that drinking water wells within 1000 feet of a gas well are required
to be tested for contamination. The sGEIS must be revised to require surface water
drinking sources within 1000 feet to be included as well.
The DEC needs to revise the sGEIS to be more specific about how water quality data
will be evaluated and the criteria it will use to make determinations.
County Health Departments are required in the sGEIS to investigate complaints about
water contamination, but costs associated with these investigations are not funded by
the State to cover the increased staffing for this work. The DEC must work in
conjunction with the County Health Departments in order to adequately protect water
resources [page 7-42 section 7.1.4.1].
2009 Indexing of Resolutions 55
Centralized flow back water surface impoundments must not be allowed. All flow
back liquid should be stored in closed steel containers. [Section 7.1.7 pg. 7 -51]. This
would prevent the need for the air pollution setbacks as described in section 7.5.3 pg
7-89, would negate the concern over wildlife drinking flow back water, and further
ensure no leakage into groundwater or overflow caused by above average rainfall or
corrupted dams.
Publically Owned Treatment Works (POTW) cannot adequately treat the quantity of
brine and chemicals predicted to be generated as flow back. The total dissolved solids
are too high for POTW to treat in facilities not designed for this type of disposal. The
draft sGEIS does not require flow back to be tested for materials that cannot be safely
treated in POTW such as benzene, toluene, naturally occurring radioactive materials
(NORMS), and the high concentrations of salt prior to receiving the liquid. With the
chemicals now allowed in the dsGEIS, flow back water must be treated at facilities
specifically designed and built to treat contaminants generated from this
hydrofracturing process not in POTW [section 7.1.8.1 pg 7-56]. These water
treatment facilities must know the full chemical content of the flow back water prior
to treatment. If hydrofracturing additives could be restricted to biodegradable
materials, this could be reconsidered [section 7.1.8].
Section 7.1.11 is titled Protecting the Quality of New York City’s Drinking Water
Supply. This protection cannot be limited to the water supply of New York City.
Cayuga Lake is a major supply of drinking water for the Tompkins County region
including the Town of Ulysses. The draft sGEIS suggests drillers avoid drilling in the
vicinity of New York City’s drinking water, but this must be expanded to ALL
watersheds, aquifers, and private drinking water wells in New York State.
Setbacks from any stream, river, lake or other body of water must be increased from
the proposed 150 feet to 1000 feet [section 7.1.12.2 page 7-69], to be consistent with
the requirements for drinking water wells.
Actions located within 100 feet of a DEC-regulated wetland require permits from the
DEC [Page 7-6 section 7.1.1.1]. Other wetland resources should be considered as
well such as those identified by the National Wetland Inventory. All of these wetlands
serve important roles to water quality, habitat, and other functions. Site -specific
analyses should include mapping of all existing wetlands on a site and setbacks
expanded to 1000 feet.
The draft sGEIS requires that additive products for the hydrofracturing process be
disclosed, but the actual ingredients and their proportions within those products are
not. The DEC should require full disclosure of all ingredients in products [8.2.1.2].
This information must be made public for the benefit of first responders, physicians,
and for scientific review.
Section 5.4 discusses specific chemicals that may be used in the fracturing fluids and
lists the desirable properties, including minimal environmental effects, but does not
2009 Indexing of Resolutions 56
identify which additives meet these criteria. Section 5.4.3.1 lists serious health
hazards associated with the chemicals along with a statement that “toxicity data are
very limited for many chemical additives to fr acturing fluids”. The DEC should
identify which additives would minimize environmental and human health impacts. If
drillers wish to use alternative chemicals, they must be required to provide an
additional environmental review for approval.
In section 9.3.1 the DEC discusses preliminary work on green chemical alternatives.
They should return to this investigation and identify green chemicals.
Analysis of flow back liquid in Pennsylvania and West Virginia frequently show high
concentrations of 4-Nitroquinoline-1-oxide, a highly toxic chemical. The dsGEIS
does not address this finding which is a concern. The DEC must provide better
guidelines for chemical additives to prevent water contamination from high risk
chemicals. The DEC should also assess the add itive effects of the many chemicals
being used together.
Due to their extreme toxicity, 4-Nitroquinoline-1-oxide, benzene, toluene, ethyl
benzene, and xylenes must be banned from use in fracturing fluids.
Cracks in well casings are one of the main avenues for contamination from
hydrofracturing liquid into drinking water wells. DEC inspectors must be on site
when well casings are being poured [4.1.4.2 pg 4-48.
Planning and Zoning
Local zoning ordinances should be followed and Towns should be designate d as
involved agencies for determining environmental impacts from gas drilling. Gas
drilling is an industrial use of land and should not be allowed in or within 1000 feet of
R1-rural residential, R2-moderate residential, H1 and 2- hamlets, or PR-
Park/recreation in the Town of Ulysses.
Drilling activities must adhere to the local noise and light ordinances described in the
Town of Ulysses zoning law.
Drilling activities must take into consideration the intent of the Comprehensive Plan
for the Town of Ulysses especially regarding the designated areas for conservation,
environmental protection, lakeshore, unique natural areas, parks, steep slopes,
streams, gorges, prime agricultural lands, scenic views, and recreational areas as
spelled out in figure 6: Natural Features (page 101) and figure 10 Community
Resources (page 121) of the 2009 Comprehensive Plan. The Comprehensive Plan
strongly encourages activities that will increase tourism, small scale agriculture, and
outdoor recreation. Natural gas drilling should be prohibited in areas that will
compromise these activities and negate the intent of the Comprehensive Plan.
2009 Indexing of Resolutions 57
Drilling activities must not occur within 1000 feet of a critical environmental area as
designated by towns.
Many adverse impacts may be prevented by mandating that drilling companies plan
and site their drilling operations to avoid natural features such as steep slopes and
maintaining sufficient separation from environmentally sensitive features, such as
streams and wetlands [7-23].
Other
The dsGEIS describes that physical barriers to public access at least 500 feet from the
well pad could prevent negative exposure to pollutants. The SGEIS should
specifically require a physical barrier. Working with the Public Service Commission,
the NYS DEC needs to determine the proper setback distance to limit exposure, not
simply assign 500 feet as a setback. (p. 7-89 to 90).
Drilling companies should be required to notify Towns when EACH permit is granted
not simply the first permit. The DEC should require gas companies to enter in to a
road use agreement which would include route selection for maximum efficiency and
safety, coordination with emergency management and highway departments, road
upgrades for water transport, and road use agreements to pay for road repairs in the
event of damage due to heavy truck traffic which by the DEC’s own estimations
would range from 890 to 1350 truck loads per well [section 6.10 pg 6-137 and section
7.11 pg 7-109/110].
The sGEIS does not evaluate the impact of increased truck traffic and states that this
is more appropriately considered in the context of policy making, primarily at the
local level, but local governments are understaffed for projects of this magnitude
without additional funding [section 7.11 pg 7-109, section 8.1.1.5 pg 8-4]. Road use
agreements should be required prior to any drilling action.
Due to the chemicals and potential radioactivity contained in the hydrofracturing flow
back liquid as stated above, this liquid should not be allowed to be spread on roads
where it can be transported to Cayuga Lake through culverts and ditches [section
7.6.1.2 pg 7-50].
The sGEIS should include quantification of possible cumulative impacts of gas well
drilling not only on water resources, but also on commu nity infrastructure and social
services, and at least semi-quantitative analyses of a range of potential mitigation
strategies. This will require coordination among a number of state and local agencies,
as well as additional funding for them.
The Cargill salt mine runs through tunnels under Cayuga Lake, the Town of Ulysses
and the Town of Lansing. How horizontal drilling and hydrofracturing will interact
2009 Indexing of Resolutions 58
with this existing mining must be addressed in the dsGEIS, especially in areas near
and under Cayuga Lake.
The State of New York’s official policy, enacted into law, is "to conserve, improve
and protect its natural resources and environment . . ," and it is the Department’s
responsibility to carry out this policy. Natural gas drilling does not conserve, improve
and protect New York State’s natural resources and environment.
The DEC currently has only 17 inspectors for over 13,000 existing wells; if gas
production by hydraulic fracturing begins, there could potentially be tens of
thousands of more wells in New York State. The draft SGEIS does not address how
the number of inspectors will be increased or where funds will come from to pay for
more inspectors; the current plan expressed in the draft sGEIS is woefully inadequate
to manage natural resources to assure their protection and balanced utilization,
prevent and abate water, land and air pollution, and regulate storage, handling and
transport of solids, liquids and gases to prevent pollution.
Rules within the sGEIS need to be clearer for the benefit of everyone involved, using
words such as “require”, “must”, and “shall” rather than the more vague terms such as
“should” “might” or “may”.
Be it further resolved that this resolution be sent to Bureau of Oil & Gas Regulation,
Governor David Paterson, Senators Charles Schumer and Kirsten Gillibrand,
Representative Michael Arcuri, State Senator George Winner, State Assemblywoman
Barbara Lifton, State Assembly speaker Sheldon Silver, State Senate President Malcolm
Smith, State Attorney General Andrew Cuomo, and County Legislator James Dennis.
133. Whereas, the Tompkins County Environmental Management Council (EMC) has
designated certain areas within the Town of Ulysses as Unique Natural Areas (UNA’s),
as shown on the map dated September 1999 attached hereto ; and
Whereas, the Planning Board is in the process of drafting a proposed amendment to the
Zoning Ordnance of the Town of Ulysses for consideration by the Town Board creating a
Conservation Zone; and
Whereas, the UNA’s are important natural resources in the Town;
Therefore, It Is Hereby Resolved that the Town Boar concurs with the designation of the
UNA’s and acknowledges that the UNA’s are an important factor when considering a
Conservation Zone.
Mr. Austic stated that as per the Rules and Procedures adopted by the Town Board a
resolution can not be voted upon at the meeting unless the Board has been provided a
copy at least by the Tuesday prior to the Board meeting so it can not be voted on unless
there is a vote of supermajority.
2009 Indexing of Resolutions 59
Mr. Austic called for the vote.
Mr. Austic nay
Mr. Ferrentino nay
Mr. Kerness aye
Ms. Thomas aye
Ms. Tyler aye
Resolution failed not a supermajority.
134. CREATING AN AD HOC COMMITTEE ON LAKESHORE ZONING
WHEREAS, the Comprehensive Plan adopted September 2009 by the Ulysses Town
Board cited the need for lake shore zoning as the 2nd and 3rd priorities for short term
implementation; and
WHEREAS, the Town Planning Board whom the Town Board has charged with
developing recommendations for the Town Board, and
WHEREAS, the current significant work load of the Planning Board, including the
development of a conservation zone ( first priority of the 2009 Comprehensive Plan),
precludes it from taking on this additional responsibility within the desired time frame;
and
WHEREAS, the West Shore Homeowner’s Association supports Lake Shore zoning and
has urged the Town Board to move forward expeditiously on this issue, now therefore be
it
RESOLVED, that the Ulysses Town Board hereby authorizes the creation of a time -
limited Ad Hoc committee on Lake Shore Zoning effective January 2010, and be it
further
RESOLVED that the charge to the committee, objectives, composition of the committee,
tasks and time targets are described below and hereby incorporated into this resolution.
Objectives of the Ad Hoc Committee on Lakeshore Zoning
Develop a DRAFT zoning law to be forwarded to the Planning Board and Town Board
that gives primary consideration to natural and environmental resources, and considers;
New development as it relates to and impacts steep slopes, water quality, soil erosion and
view sheds.
Existing properties as future design standards may dictate including any improvement
made, be evaluated to determine any impacts on natural features, steep slopes, water
quality, soil erosion, and view sheds.
2009 Indexing of Resolutions 60
Specific concerns such as; septic testing, density limitations, and design standards for
docks, boat houses, moorings and accessory buildings.
Composition of the Ad Hoc Committee on Lakeshore Zoning
Public (2 Representatives)
We st Shore Homeowner’s Association (1 Representative) Don Smith (willing to be
Chairperson)
Town Board (1 Representative) Dave Kerness
Planning Board (1 Representatives) Rod Hawks
Board of Zoning Appeals (1 Representative)
Total = 6 Members
Clerical support - Robin Carlisle-Peck
Schedule Targets
Kickoff January 2010
Develop First Draft February 2010
Public Informational Meeting April 2010
Planning Board Review, comment and approval May 2010
Public Hearing July 2010
Town Board review and adoption August 2010
Tasks
Chris Blistro, Town of Ithaca Planning, will present Ithaca’s Lakeshore zoning
law and rationale. Planning and Town Board to be invited.
Review Town of Ithaca’s Lakeshore zoning & other municipalities.
Develop 1st Draft and Review with Alex Rachun
Review Draft with the Department of Health
Support application for legislative authority under section 46a of the NYS
Navigation Law to enact regulations concerning boat houses, moorings, and decks
on a Cayuga Lake within the Town.
Develop Preliminary zoning language & review with Planning Board and Town
Board members
2009 Indexing of Resolutions 61
Finalize Preliminary zoning law for a Public Information meeting (Chris to
support).
Modify as required and present to Planning Board for review and comments,
approval
Present to Town Board for review, comments, approval
Prepare for Public Hearing after Town Board approval
Minutes of meetings shall be taken and available for Town web site posting
135. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the
gift certificates to the employees and related board members for there dedicated
service and hard work throughout the year in the amount of $50 each.
136. BE IT RESOLVED that the Town Board of the Town of Ulysses adjourn to
executive session to discuss a possible legal litigation matter.
137. BE IT RESOLVED that the Town Board of the Town of Ulysses hold the 2010
Organizational Meeting January 4th, 2010 at 7PM at the Town Hall.