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HomeMy WebLinkAbout2011 Index of ResolutionsContents JANUARY 7, 2011 – ORGANIZATIONAL MEETING ..................... 6 *Board Meeting monthly schedule ......................................................................................... 6 *Monthly Claims Procedure ................................................................................................... 6 *Designate News Media ......................................................................................................... 8 *Distributing Monthly Minutes .............................................................................................. 8 *Mileage rate $.51 .................................................................................................................. 8 *Town Clerk’s Petty Cash ...................................................................................................... 8 *Crime Coverage Town Officials ........................................................................................... 9 *Lieu of Annual Financial Report .......................................................................................... 9 *Designation Depository ........................................................................................................ 9 *Annual Audit by Town Board............................................................................................... 9 *Procurement Policy (revised) ................................................................................................ 9 *Establishment of Appointed Offices and Salaries ................................................................ 9 * Establishment of Payroll Periods and Pay Rates for Elected and Appointed Officials and Salaried and Part-time Hourly Employees ............................................................................ 11 *Salaries 2011 ....................................................................................................................... 11 *Hourly Employees/Time Cards........................................................................................... 12 *Town Board and Liaison Appointments ............................................................................. 12 *Contracts ............................................................................................................................. 13 *General Procedures and Policies ......................................................................................... 13 *Resolution Index System .................................................................................................... 14 * Prohibition against gifts by municipalities ........................................................................ 14 *Organizational Resolutions subject to Amendment ............................................................ 14 *Shared Highway Services Agreement ................................................................................ 14 *Surplus Computer Equipment Disposal .............................................................................. 14 *Executive Session ............................................................................................................... 15 JANUARY 11, 2011 ............................................................................ 15 *Approval of Claims/Minutes............................................................................................... 16 *Agreement for the Expenditure of Highway Moneys ......................................................... 16 *2010 Year-end Budget Modifications ................................................................................. 16 *Request for Re-zoning Merits Further Consideration ......................................................... 17 *Executive Session ............................................................................................................... 18 Special Town Board January 25, 2011 ................................................ 18 *Authorize Supervisor Marino To Sign the 2011 Fire/EMS Contract ............................ 18 *Re-appoint Barbara Bristow Zoning Board of Appeals ................................................. 18 *Timeline Revisions of the 2007 Zoning Law .............................................................. 18 *“Professional Services”, Jonathan Kanter, AICP........................................................ 19 *Planning Board- Site Plan-1520 Trumansburg Road ................................................. 20 *Resolutions for the NYS Association of Towns annual meeting in February........ 20 *Insurance-only billing ..................................................................................................... 20 *Revise the Cleaning Contract.............................................................................................. 21 Regular Town Board February 8, 2011 ............................................... 21 *Year End 2010 Budget Modification .................................................................................. 21 *Approve the 2010 vouchers ................................................................................................ 22 *Approve Minutes ............................................................................................................... 22 *Appointment of Sarah Adams to the Ulysses Planning Board ........................................... 22 *Draft “Ulysses Ag and Farmlands Protection Plan” ........................................................... 22 *Procedure Review and Audit of the Monthly Claims ......................................................... 22 *Urging New York State to Significantly Cut the Unfunded Mandates that Cause Local Property Tax Increases Before Imposing a Property Tax Cap ............................................. 23 *Executive Session ............................................................................................................... 25 Special Town Board 3/1/2011 .............................................................. 25 *Planning Board request to review the High Impact Industrial (HII) and Office, Technology and Mixed Use (OTM) Zoning Law ..................................................................................... 25 Regular Town Board 3/08/2011 ........................................................... 26 *Monthly Vouchers/Minutes ................................................................................................ 26 *REQUESTING NEW YORK STATE TO MAINTAIN FUNDING STREAMS FOR YOUTH BUREAU AND FURTHER URGING ELIMINATION OF COMPETITIVE BID FUNDING............................................................................................................................. 26 SEQR ACTION: TYPE II-20 .................................................................................................... 28 Special Town Board 3/16/2011 ............................................................ 28 *Potential Conflict of Interest of Some Members of the Planning Board ............................ 28 Special Town Board 3/22/2011 ............................................................ 28 *Potential Conflict of Interest of Some Members of the Planning Board ............................ 28 *Resolution to Set High Impact Industrial (HII) And Mixed Use Office and Technology (MUOT) Zoning Law Changes as a Top Priority ................................................................ 29 *Executive Session ............................................................................................................... 29 *Introduced Local Law #1 for 2011 entitled “A Local Law to Establish the Position of Second Deputy Supervisor” .................................................................................................. 30 Regular Town Board Meeting 4/12/2011 ............................................ 30 *Vouchers/ Minutes .............................................................................................................. 30 *Second Deputy Supervisor ............................................................................................... 30 *Budget Modifications.......................................................................................................... 31 *Adjourn to a Closed Session ............................................................................................... 32 Special Town Board Meeting 4/27/2011 ............................................. 32 *Bid from LaBella Associates .............................................................................................. 32 *Certify the final adoption of Local Law #1 2011 ............................................................... 32 Regular Town Board Meeting 5/10/2011 ............................................ 32 *Vouchers/ Minutes .............................................................................................................. 32 *Job description for the Environmental Planner ................................................................... 33 *Confidentiality and Joint Protection agreement .................................................................. 33 *Resolution Asking the New York State Department of Environmental Conservation to Establish a Minimum 90-Day Comment Period for the Supplemental Generic Environmental Impact Statement on Oil, Gas, and Solution Mining Regulations for Shale Gas Drilling ........................................................................................................................... 33 Special Town Board Meeting 5/18/2011 ............................................. 34 *Minutes ............................................................................................................................... 34 *Modifies the 2011 budget/ Stream Research ...................................................................... 34 *Modify/ Salary for the Baseball Director............................................................................ 35 Special Town Board Meeting 5/24/2011 ............................................. 35 No Resolutions passed .......................................................................................................... 35 Regular Town Board Meeting 6/14/2011 ............................................ 35 *Vouchers/Minutes ............................................................................................................... 35 *RESOLUTION OF THE ULYSSES TOWN BOARD FOR A PUBLIC HEARING ON LOCAL LAW NO. 2 OF 2011, AMENDING THE TOWN OF ULYSSES ZONING LAW ............................................................................................................................................... 35 *Three (3) minute limitation for public comments ............................................................... 36 Regular Town Board Meeting 7/12/2011 ............................................ 36 *Voucher/Minutes................................................................................................................. 36 *Supervisor Roxanne Marino manage and complete hiring procedures for the position of Environmental Planner.......................................................................................................... 36 *Retirement Alex Rachun ..................................................................................................... 36 *Appoints Alex Rachun to perform the duties of building inspector as an Enforcement Officer ................................................................................................................................... 36 *Executive Session ............................................................................................................... 37 *Termination notice/Cleaning Contract ................................................................................ 37 Special Town Board Meeting 7/26/2011 ............................................. 37 Re-accepting Alex Rachun’s Retirement and Re-appointing Part-time Enforcement Officer ............................................................................................................................................... 37 Minutes Regular Town Board Meeting 7/12/2011 ............................................................... 39 Regular Town Board Meeting 8/10/21 ................................................ 39 *Budget Modifications.......................................................................................................... 39 *Approval of Claims/Minutes .............................................................. 39 *SEQR For Zoning Law Amendment ................................................. 39 *Zoning Law Amendment Related To Gas Drilling ........................... 42 *Resolution on Water Issue With Town of Ithaca ............................... 56 Special Town Board Meeting 8/25/2011 ............................................. 57 *Approval of Minutes ........................................................................................................... 57 *2011 MS4 Annual Report for Stormwater .......................................................................... 57 * Approve the Cleaning Contract to hire Melanie Steverson ............................................... 57 Special Town Board Meeting 9/08/2011 ............................................. 57 *Approve the Purchase of the 2000 Volvo ........................................................................... 57 *Resolution To Resolve Provision Of Emergency Management Services With The Village Of Trumansburg For The Year 2012 ....................................................................... 57 Regular Town Board Meeting 9/11/2011 ............................................ 60 *Approval of Claims/Minutes............................................................................................... 61 *Resolution Supporting A County-Wide Survey Of Residents About Broadband Internet61 *Introduction of: A Local Law To Override Tax Levy Limit Established In General Municipal Law §3-C ............................................................................................................. 61 Special Town Board Meeting 9/15/2011 ............................................. 62 *Presentation of Lakeshore Zoning ...................................................................................... 62 Public Hearing 9/27/2011 ..................................................................... 62 Special Town Board Meeting 9/27/2011 ............................................. 62 * A Local Law # 3 Of 2011 To Override The Tax Levy Limit Established In General Municipal Law §3-C ............................................................................................................. 62 *Employees Contributing To Dental Insurance %50 ........................................................... 63 *Employees Contributing To Health Insurance 5% ............................................................. 63 *No Pay Increases For Elected Officials .............................................................................. 63 SPECIAL TOWN BOARD MEETING OCTOBER 3, 2011 ............. 64 *Pay Increases ....................................................................................................................... 64 REGULAR TOWN BOARD MEETING OCTOBER 10, 2011 ......... 64 *Budget Modifications 2011 Budget .................................................................................... 64 *Claims / Minutes ................................................................................................................. 64 *Contribution TCCOG sponsored DEC hearing .................................................................. 64 *Pay Increases/lump sum payment towards insurance ......................................................... 64 *Tentative Budget to Preliminary Budget ............................................................................ 65 *Resolution to Retract Drilling Regulations ......................................................................... 65 SPECIAL TOWN BOARD MEETING OCTOBER 25. 2011 ........... 65 *Alter 2012 Budget Cayuga Lake Scenic Byway ................................................................. 65 *Executive session ................................................................................................................ 66 *Engage firm for Amicus Brief ............................................................................................ 66 SPECIAL TOWN BOARD MEETING NOVEMBER 3, 2011 .......... 66 *Adoption of 2012 Budget.................................................................................................... 66 SPECIAL TOWN BOARD MEETING NOVEMBER 8, 2011 .......... 66 *Amicus Curiae Brief ........................................................................................................... 66 REGULAR TOWN BOARD MEETING NOVEMBER 16, 2011 ..... 67 *Budget Modifications for 2011 ........................................................................................... 67 *Claims / Minutes ................................................................................................................. 67 *Appointment to EMC .......................................................................................................... 68 *Winterfest Contribution ...................................................................................................... 68 *Executive Session ............................................................................................................... 68 SPECIAL TOWN BOARD MEETING DECEMBER 5, 2011 .......... 68 *Holiday Gathering ............................................................................................................... 68 *Reject EMS Service from Village of Trumansburg ............................................................ 68 REGULAR TOWN BOARD MEETING DECEMBER 13, 2011 ...... 68 **2011 Budget Modifications ............................................................................................... 68 **Approving Claims/Minutes ............................................................................................... 70 **EMS / Fire Agreement 2012 ............................................................................................. 70 **Town of Ithaca Water Agreement Amendment ................................................................ 70 PUBLIC HEARING / SPECIAL TOWN BOARD MEETING DECEMBER 19, 2011 ......................................................................... 72 **Fire & Rescue Squad Protection agreement with Village of Trumansburg ...................... 72 ***Comments/Cover letter on HVHF Regulations .............................................................. 72 ** Comments/Cover letter on SGEIS ................................................................................... 72 **Excepting quotes for Insurance ......................................................................................... 73 **Solar Lease Program ......................................................................................................... 73 ***Appointments Planning Board/Zoning Board ................................................................ 73 ***Pre-tax Medical Benefits Package (125 Plan) ................................................................ 73 JANUARY 7, 2011 – ORGANIZATIONAL MEETING *Board Meeting monthly schedule BE IT RESOLVED, the Regular Monthly Board meetings of the Ulysses Town Board will be held on the second Tuesday of each month at 7:00 p.m. at the Ulysses Town Hall at 10 Elm Street, Trumansburg, NY. A monthly working meeting will be held on the 4th Tuesday of each month at 7:00 p.m. *Monthly Claims Procedure BE IT RESOLVED, the Town Board will use the following procedure for review and audit of the monthly claims before presentation for Board approval at the Regular Monthly Meeting of the Ulysses Town Board: 1. Invoices are received in the Town Clerk's Office, through the mail, electronically, or personally delivered. 2. Town Clerk obtains approval of the expense, which is evidenced on the invoice with the initials or signature of the department head or person who gave rise to the claim. The Town Clerk or the department head also indicates on the invoice the general ledger account that should be charged for the expense and checks that each invoice is properly itemized, mathematically accurate, and contains sufficient detail to ensure that the Board members auditing the claim can determine whether the proposed payment is proper and just. 3. Town Clerk gives invoices to the Bookkeeper who inputs the invoices into the accounting software and produces a listing of all vouchers (Abstract of Vouchers) for Town Board approval at the Regular Monthly meeting. The Bookkeeper keeps an updated file of claims to be audited before the meeting, which the Town Board members can access. All claims to be submitted for approval by Board vote at the Regular Meeting shall if at all possible be processed and in the file of claims by the end of the day on the Thursday before the Regular Meeting. 4. In addition to the Supervisor, a sub-committee of 2 Town Board members will audit the vouchers on behalf of the full Board. Any other Town Board members who wish to audit the claims are welcome to do so as well. The sub-committee will rotate membership every 6 months as appointed by the Supervisor. Each sub-committee member will initial each invoice after review. 5. Audit by the Town Board does not have to happen all at once. Invoices will be entered throughout the month and can be approved periodically throughout the month. All claims shall be audited as in (4) above by 9:00 a.m. on the day of the Regular Board meeting. 6. The Bookkeeper produces a final Abstract of Vouchers the day of the Town Board meeting, after audit of claims is completed. The Town Clerk will review the Abstract of Vouchers for accuracy against the claims, and initial it as such before presentation to the Town Board at the Regular meeting. 7. After Town Board votes to approve payment of the claims, the Town Clerk signs the Abstract of Vouchers and the Bookkeeper cuts checks. 8. Supervisor signs checks. 9. Invoices are then filed by vendor, most recent payment in front of the file. All claims must be approved for payment by the Town Board except for: (1) fixed salaries or compensation for services of offices or employees regularly engaged at agreed wages by the hour, day, week, or year; (2) principal or interest on indebtedness; (3) amounts becoming due on lawful contracts for periods exceeding one year; (4) certain welfare payments (Town Law 125 & Social Services Law 86); (5) payments made pursuant to a court order; (6) mandatory payments to the State Comptroller for retirement. FURTHER RESOLVED that the Town Board authorizes the Supervisor to pay in advance of audit of claims for utilities, postage, and approved contractual agreements which if delayed may result in loss of discounts, the accrual of service charges, or cancellation of service. All such claims shall be presented at the next regular meeting, as per Town Law section 118. *Designate News Media BE IT RESOLVED the designated news media is advised of the foregoing schedule and meeting notices will be posted, in accordance with the Open Meetings Law, on the Town Clerk’s bulletin board and the Town Website. FURTHER RESOLVED the Ithaca Journal, a newspaper regularly published and having general circulation in the Town, is hereby designated as the official newspaper of Town of Ulysses. *Distributing Monthly Minutes BE IT RESOLVED, copies of the official minutes of the Town Board, prepared and distributed by the Town Clerk, shall be distributed electronically unless otherwise requested to each Town Board member, Town Justices, Highway Superintendent, Building Code Enforcement Officer, Chair of the Planning Board, County Representative, Attorney for the Town, and posted on the Town Clerk’s Bulletin Board and on the Town of Ulysses Website within 4 days of approval by the Town Board. In accordance with the Open Meetings Law, draft meeting minutes, clearly labeled with the date and “DRAFT, not yet approved” will be available through the Town Clerk’s Office and distributed to Town Board members for review within 14 days of the date of the meeting. *Mileage rate $.51 BE IT RESOLVED mileage at a rate of $0.51 cents per mile shall be paid to Town Officials and employees for use of their personal vehicles for Town Business and that such mileage shall be reported on the form provided by the Town Clerk. *Town Clerk’s Petty Cash BE IT RESOLVED that the Town Clerk’s petty cash fund of $150 is extended for the year 2011. *Crime Coverage Town Officials BE IT RESOLVED that the following crime coverage for Town officials, appointees and employees is hereby approved: $250,000 for public employee dishonesty; $100,000 for forgery and alterations; excess crime coverage for the Supervisor at $450,000, the Town Clerk at $115,000 and the Town Court at $5,000. *Lieu of Annual Financial Report BE IT RESOLVED in lieu of the annual financial report required by Town Law Section 29(10), the Supervisor is hereby authorized to submit to the Town Clerk within 60 days after the close of the fiscal year a copy of his/her annual report to the State Comptroller, and that the Town Clerk shall cause a summary thereof to be published in accordance with the law (Town Law Section 29(10-a)). If the time for filing the annual report is extended 60 days by the State Comptroller, the Supervisor’s time for filing a copy of the report with the Town Clerk is extended for a like period. *Designation Depository BE IT RESOLVED the Tompkins 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 and institutions as outlined in the Towns investment policy. The Town investment policy shall be reviewed by the Town Board during the year and revised as necessary. *Annual Audit by Town Board BE IT RESOLVED that the Town Board of the Town of Ulysses will do the Annual Audit of the books for each department on February 4, 2011. *Procurement Policy (revised) WHEREAS the Town of Ulysses reviewed and revised the Procurement Policy on November 17, 2010, BE IT RESOLVED that the Town Procurement policy as adopted on November 17, 2010 is the guidance document for 2011 purchases. The Town Clerk will distribute the Procurement Policy to all department heads and Town Board members. *Establishment of Appointed Offices and Salaries BE IT RESOLVED that the Supervisor is authorized to appoint a Town Bookkeeper, with an annual salary of $18,406 as set by the Town Board for 2011. The Supervisor hereby appoints Mary Bouchard, CPA as the Town Bookkeeper. BE IT RESOLVED that the Town Board has established the Office of Deputy Supervisor, to continue in 2011. The Deputy Supervisor acts for and in place of the Supervisor in her/his absence. The annual salary of the Deputy Supervisor is set at $5,050. In accordance with Town Law, the Supervisor appoints the Deputy Supervisor. BE IT RESOLVED that the Town Board has established the Office of Deputy Town Clerk, to continue in 2011 at an annual salary of $28,687. FURTHER RESOLVED Further resolved that the responsibilities of this office are to assist the Town Clerk in carrying out the administrative responsibilities of the office including those related to records management and tax collection, and to act for and in place of the Clerk during her / his absence. Details of the Deputy Clerk job description are set and revised by resolution of the Town Board and are outlined in Section I (Elected Officials and their Appointments) of the Town Manual of Position Descriptions. In accordance with Town Law, the Town Clerk appoints the Deputy Town Clerk. The Town Clerk shall appoint a Deputy Town Clerk by January 10, 2011, and notify the Supervisor as such, in order for the appointment to be reflected in the first payroll of 2011. BE IT RESOLVED that the Town Board has established the office of Deputy Highway Superintendent, to continue in 2011 at an hourly pay rate of $20.47. The Deputy Highway Superintendent acts for and in place of the Highway Superintendent in her/his absence. In accordance with Town Law, the Highway Superintendent appoints the Deputy Highway Superintendent. The Highway Superintendent shall appoint a Deputy Highway Superintendent by January 10, 2011, and notify the Supervisor as such, in order for the appointment to be reflected in the first payroll of 2011. BE IT RESOLVED that the Town Justices are authorized to employ the services of a Court Clerk or Clerks to assist in the administration and bookkeeping, at an annual salary of $31,594 for 2011. If the Town Justices find it necessary to employ more than one Clerk, the total salary paid shall not exceed the annual budgeted amount for Court Clerk. The Town Justices shall appoint a Court Clerk by January 10, 2011, and notify the Supervisor as such, in order for the appointment to be reflected in the first payroll of 2011. BE IT RESOLVED that the Town Board has established the position of Water Distribution and Maintenance Operator, to supervise and carry out all of the activities necessary for the day-to- day operation and maintenance of the Town’s Special Improvement Water Districts, as outlined in the Town Manual of Position Descriptions (Section II, Employees and Appointments by the Town Board). The 2011 annual salary for the Water Superintendent is $14,500. The Town Board appoints Doug Austic as Water Superintendent for the 2011 calendar year. * Establishment of Payroll Periods and Pay Rates for Elected and Appointed Officials and Salaried and Part-time Hourly Employees BE IT RESOLVED the Town Board hereby establishes the following payroll periods: Bi-weekly: Highway Superintendent, Town Clerk, Justices, Deputy Town Clerk, Deputy Highway Superintendent, Deputy Supervisor, Highway Department Staff, Bookkeeper, Code Enforcement Officer, Zoning Officer, Planning and Zoning Staff, Court Clerk, Temporary student and other employees, part-time Clerical, Administrative, and Support staff, Water Department staff Monthly: Councilpersons, Supervisor Annually: Historian Voucher: contractual workers and all others not listed above *Salaries 2011 BE IT RESOLVED that the Town Board hereby establishes the following salaries for 2011: Position budgeted salary hourly rate if applicable Supervisor $15,302 Councilperson $ 4,036 Highway Superintendent $56,165 Town Clerk $59,579 Town Justice $15,487 Bookkeeper $18,406 Deputy Supervisor $ 5,050 Deputy Town Clerk $28,687 Court Clerk $31,594 Deputy Highway Superintendent multiple budget lines $20.47 Highway Machine Equipment Operators Laborer multiple budget lines multiple budget lines $15.50 - $17.77 $12.53 Code Enforcement Officer $28,993 Zoning Officer $21,987 Planning and Zoning Clerk $ 5,050 $15.92 Code / Fire Enforcement Officer $6,060 $18.50 - $20.50 Water Distribution & Maintenance Operator $14,500 Water District Laborer $4,254 $14.58 - $18.26 Historian $ 1,500 *Hourly Employees/Time Cards BE IT RESOLVED all hourly employees shall turn in a time card by the end of the last day of the pay period. Salaried employees shall report time used for vacation, sick time, holiday or other time off on a time card to maintain accurate records of benefit time used. No pay will be issued without a signed time card. *Town Board and Liaison Appointments The Supervisor proposes the following Town Board liaison appointments: Highway Department Dave Kerness Trumansburg Village Board of Trustees Liz Thomas Personnel Lucia Tyler Health Insurance Consortium Board Lucia Tyler Planning Board and BZA David Kerness Fire Department Kevin Romer County and other Emergency Management Kevin Romer Town Court Dave Kerness Trumansburg Ulysses Youth Commission Liz Thomas/Roxanne Marino Ag & Farmland Protection Comm. Liz Thomas Resolution 21: BE IT RESOLVED that the Town Board makes the following appointments: A. Code Enforcement Officer Alex Rachun B. Code / Fire Enforcement Officer William Baker C. Planning Board Chairperson Ken Zeserson D. Planning Board Member - 2011 to 2018 term Peter Fry E. Board of Zoning Appeals Chairperson George Tselekis F. Board of Zoning Appeals Member - 2011 to 2016 term B. Bristow? (checking, term ended) G. Clerk for Planning Board and Board of Zoning Appeals Robin Carlisle-Peck H. Board of Assessment Review Dick Coogan, David Means I. TC Environmental Management Council (EMC) Lucia Tyler J. TC Water Resources Council No municipal position open 2011 K. Tompkins County Stormwater Coalition Sue Poelvoorde L. County Youth Bureau Representative vacant M. Trumansburg Ulysses Youth Commission Reps Deb Austic Michel Vonderweidt (checking) N. Recreation Partnership representative vacant O. Tompkins County Youth Services Board vacant P. Ithaca/Tompkins County Transportation Council Planning Committee Sue Poelvoorde Q. Ithaca/Tompkins County Transportation Council Policy Committee Sue Poelvoorde (for Supervisor) R. TC Fire, Disaster, and EMS Advisory Board Kevin Romer S. TC Council of Governments R. Marino/ L. Thomas alternate T. Tompkins County Area Development Dave Kerness U. Fair Board liaison Kevin Romer V. Historian Nancy Dean W. Agriculture and Farmland Protection Plan Committee Chairperson John Wertis X. Lakeshore Zoning Committee Chairperson Don Smith Y. Water District Advisory Board Chairperson Diane Hillman Z. Tompkins Co. Animal Control Roxanne Marino *Contracts BE IT RESOLVED that the Attorney for the Town be Mariette Geldenhuys, Esq. and that she and her associates be consulted in accordance with the Retainer Agreement with the Town of Ulysses signed April 20, 2009, and FURTHER RESOLVED that the 2011 Addendum to Retainer Agreement which sets hourly fees for billing at $165 (Attorney) and $105 (Paralegals) is adopted. All other provisions of the 2009 Retainer Agreement shall remain in full force and effect. *General Procedures and Policies BE IT RESOLVED that the Town of Ulysses has adopted policies for a Code of Ethics, Personnel and Benefits, Procurement, Claims, Meeting Rules and Procedures, Investment, Alcohol and Controlled Substance Testing, Planning Board and Zoning Board Attendance and Training, and Emergency Preparedness. The Town Clerk shall provide to each newly elected official and to any other elected or appointed official or employee these policies, and any other planning documents or local laws upon request. BE IT RESOLVED any member of the public wishing to have a topic on the agenda of a Regular Town Board Meeting advise the Supervisor of that intent at least one week prior to the scheduled meeting, if at all possible. BE IT RESOLVED any individual having any special needs and wishing to attend a meeting please advise the Town Clerk of the special requirements at least one week prior to the meeting. (ADA) *Resolution Index System BE IT RESOLVED that the Town Clerk will continue with the Resolution/Motion Index System initiated in 2009, identifying the Resolution/Motion number, date approved, and Title. * Prohibition against gifts by municipalities BE IT RESOLVED that in accordance with the New York State Constitutional prohibition against gifts by municipalities as described in Article III, Section 1, the Town of Ulysses will not give bonuses, donations, or other gifts of recognition for service (retirement, annual appreciation, or otherwise) to any organizations, volunteers, or other individuals in the employment of the Town or otherwise providing service to the Town or the community. The Town may, however, hold recognition events and provide refreshments. *Organizational Resolutions subject to Amendment BE IT RESOLVED that any and all of these Organizational Resolutions be and remain subject to amendment throughout the year by the Town Board. *Shared Highway 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 that the Ulysses Town Board authorizes the Town Supervisor pursuant to Highway Law #283 to enter into agreements for shared services and equipment with other municipalities and authorize, within existing budget constraints, the Town’s Highway Superintendent pursuant to Highway Law #284 to take such action to implement said agreements consistent with Town highway needs and availability, and maintain sufficient liability coverage to protect the town in such joint efforts. *Surplus Computer Equipment Disposal Resolution to dispose of Town computer equipment of no value or not useable BE IT RESOLVED that the computer and printer equipment items belonging to the Town of Ulysses and listed in the table below are no longer of any use and have no retail value, and as such can be disposed of. BE IT FURTHER RESOLVED that the Town’s information technology consultant Jeff Burns is authorized to dispose of these items in as environmentally responsible way as the availability of local options allows for. *Executive Session BE IT RESOLVED that the Town Board of the Town of Ulysses go into Executive Session to discuss matters related to the appointment, promotion, demotion, discipline, or removal of particular personnel. JANUARY 11, 2011 *Approval of Claims/Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous examined vouchers #526 through #560 in the amount of $44,079.24 for 2010 and voucher # 1 through 16 in the amount of $8,095.58 for 2011. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of the Public Hearing dated 12/14/2010 and the Regular Town Board meeting of 12/14/2010 as corrected. ****** *Agreement for the Expenditure of Highway Moneys BE IT RESOLVED that the Town Board of the Town of Ulysses approve the “Agreement for the Expenditure of Highway Moneys” presented by Highway Superintendent James Meeker. ****** *2010 Year-end Budget Modifications BE IT RESOLVED that the Town Board of the Town of Ulysses approves the following 2010 Year-end budget modifications: A Fund Appropriation line 1010.1 Town Board PS increase $ 2.00 Appropriation line 1010.4 Town Board CE increase $ 165.66 Appropriation line 1110.1 Justice PS increase $ 0.02 Appropriation line 1111.1 Justice PS increase $ 0.02 Appropriation line 1221.1 Deputy Supervisor PS increase $ 214.60 Appropriation line 1410.1 Town Clerk PS increase $ 0.08 Appropriation line 1620.4 Buildings CE increase $ 2,544.50 Appropriation line 1650.4 Central Comm. CE increase $ 799.20 Appropriation line 1670.4 Central Print /Mail increase $ 1,824.65 Appropriation line 5010.1 Highway Super PS increase $ 0.46 Appropriation line 5132.4 Garage CE increase $ 637.02 Appropriation line 9055.8 Disability Insurance increase $ 183.00 Appropriation line 8810.4 Cemeteries CE decrease $ 800.00 Appropriation line 9010.8 State Retirement decrease $ 3,910.68 Appropriation line 3510.4 Dog Control CE decrease $ 917.97 Appropriation line 9030.8 Social Security decrease $ 400.61 Appropriation line 5132.2 Town Barn Capital decrease $ 341.95 B Fund Appropriation line 3620.1 Safety Inspection PS increase $ 0.08 Appropriation line 8020.4 Planning CE increase $ 1,038.83 Appropriation line 9055.8 Disability Insurance increase $ 1.80 Appropriation line 8010.1 Zoning PS increase $ 0.02 Appropriation line 9030.8 Social Security decrease $ 1,040.73 DA Fund Appropriation line 5130.1 Machinery PS increase $ 804.40 Appropriation line 9055.8 Disability Insurance increase $ 20.90 Appropriation line 9040.8 Workers Comp decrease $ 825.30 DB Fund Appropriation line 5110.4 General Repairs CE increase $ 9,072.60 Appropriation line 9040.8 Workers Comp decrease $ 1,757.00 Appropriation line 9060.8 Medical Insurance decrease $ 2859.35 Appropriation line 5110.1 General Repairs PS decrease $ 440.10 Appropriation line 9010.8 State Retirement decrease $ 0.89 Appropriation line 9030.8 Social Security decrease $ 0.19 Appropriation line 9055.8 Disability Insurance decrease $ 25.30 _________________________________________________________________________ Revenue line DB599 App. Fund Balance increase $3,989.77 ________________________________________________________________________ SW3 Appropriation line 8340.4 Trans / Distrib CE increase $ 965.97 Appropriation line 8310.1 Admin PS decrease $ 0.07 Appropriation line 8310.4 Admin CE decrease $ 67.43 Appropriation line 8311.1 Water Clerk PS decrease $ 0.68 Appropriation line 8340.1 Trans / Distrib PS decrease $ 62.64 Appropriation line 8340.2 Trans / Distrib EQ decrease $ 289.59 Appropriation line 9030.8 Social Security decrease $ 30.87 Appropriation line 9040.8 Workers Comp decrease $ 200.00 Revenue line SW3 599 App. Fund Balance increase $ 314.64 ________________________________________________________________________ SW4 Appropriation line 8310.1 Admin PS increase $ 0.21 Appropriation line 9030.8 Social Security increase $ 0.22 Appropriation line 8310.4 Admin CE decrease $ 0.43 *Request for Re-zoning Merits Further Consideration BE IT RESOLVED that the request for re-zoning merits further consideration and the Town Board is directing the applicant to proceed with a Sketch Plan Conference and then proceed with a full Site Plan review with the Planning Board. ****** *Executive Session BE IT RESOLVED that the Town Board of the Town of Ulysses go into Executive Session to discuss matters related to the appointment, promotion, demotion, discipline, or removal of particular personnel. ****** Special Town Board January 25, 2011 *Authorize Supervisor Marino To Sign the 2011 Fire/EMS Contract BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Marino to sign the 2011 Fire/EMS Contract with the Village of Trumansburg in the amount of $378,938.53. ****** *Re-appoint Barbara Bristow Zoning Board of Appeals BE IT RESOLVED that the Town Board of the Town of Ulysses re-appoint Barbara Bristow to serve another five (5) year term on the Zoning Board of Appeals. ****** *Timeline Revisions of the 2007 Zoning Law BE IT RESOLVED that the Town Board of the Town of Ulysses accept the proposed timeline to use as a work plan to move forward with the revisions of the 2007 Zoning Law as follows: *“Professional Services”, Jonathan Kanter, AICP BE IT RESOLVED that the Town Board of the Town of Ulysses approves to enter into an agreement for “Professional Services”, as outlined in Draft agreement provided by Jonathan Kanter, AICP, dated 1/19/2011, with Jonathan Kanter, and Further Resolved that the term of this Agreement shall be from January 31, 2011, through December 31, 2011, and the pay for the services rendered at a rate of $25.00 per hour and not to exceed $2,000 unless otherwise authorized by the Town of Ulysses Town Board. ****** *Planning Board- Site Plan-1520 Trumansburg Road BE IT RESOLVED that the Town Board directs the Planning Board to review the Site Plan provided by the applicant as part of the request for re-zoning of the parcel at 1520 Trumansburg Road from Business to Light Industry, and make a recommendation to the Town Board that includes specific reasons in support of the recommendation. In reviewing the Site Plan, the Planning Board shall consider how the proposed project fits with Article 1.1 of the Town of Ulysses Zoning Law (Purpose) as well as any review criteria under Article 3.4.5 as they deem appropriate and necessary to make a recommendation on the re-zoning request. FURTHER RESOLVED that the Town Board will make a decision on whether or not to approve the re-zoning request after reviewing the recommendation from the Planning Board. If the request for re-zoning is approved, the Planning Board would next complete all aspects of a Site Plan Review as per the Town of Ulysses Zoning Law Article III. ****** *Resolutions for the NYS Association of Towns annual meeting in February. BE IT RESOLVED that the Town Board of the Town of Ulysses instruct our delegate Ms. Tyler to cast a vote of yes for resolutions 1 through 10 and abstain on resolution #11. ****** *Insurance-only billing WHEREAS, the Town of Ulysses has received two legal opinions from their Attorney dated October 11, 2010 and November 09, 2010 on the advisability of insurance only billing, THEREFORE BE IT RESOLVED the Town of Ulysses Town Board does not support any plan involving insurance-only billing at this time. ****** *Revise the Cleaning Contract BE IT RESOLVED that the Town Board of the Town of Ulysses revise the Cleaning Contract by: Add under Task #1 that the bathrooms be cleaned twice a week; once on the weekend and an additional time on the Wednesday following court. Add that the time spent cleaning shall be approximately 8 hours per week. ****** Regular Town Board February 8, 2011 *Year End 2010 Budget Modification BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following YE 2010 Budget Modification: A Fund 1111.1 Justice PS increase $ .02 1460.4 Records Management increase $ 1,314.34 1920.4 Municipal Dues increase $ 250.00 9060.8 Medical Ins. increase $ 5,112.95 7550.4 Celebrations increase $ 1,167.67 ______________________________________________________ 1220.4 Supervisor CE decrease $ 4,284.77 1450.4 Elections CE decrease $ 2,392.54 1110.4 Justices CE decrease $1,167.67 B Fund 9060.8 Medical Ins. increase $ 1,372.92 8010.1 Zoning CE increase $ 236.61 ______________________________________________________ 8011.1 Deputy Zoning PS decrease $ 1,619.53 DA Fund 9060.8 Medical Ins. increase $ 1,162.81 ______________________________________________________ 5142.4 Snow Removal decrease $ 1,162.81 DB Fund 9060.8 Medical Ins increase $ 4,020.15 ______________________________________________________ Revenue DB 599 decrease $ 4,020.15 ****** *Approve the 2010 vouchers BE IT RESOLVED that the Town Board of the Town of Ulysses approve the 2010 vouchers in the amount of $4,700 and voucher #’s 16 through 71 in the amount of $38,052.50 (2011). ****** *Approve Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approve minutes for the Organizational Meeting 1/7/2011, Regular TB Meeting 1/11/2011, Special TB Meeting 2/25/2011, and the Public Hearing 2/25/2011 as edited and corrected. ****** *Appointment of Sarah Adams to the Ulysses Planning Board BE IT RESOLVED that the Town Board of the Town of Ulysses approve the appointment of Sarah Adams to the Ulysses Planning Board. ****** *Draft “Ulysses Ag and Farmlands Protection Plan” BE IT RESOLVED that the Town Board of the Town of Ulysses submits the February 3, 2011 draft “Ulysses Ag and Farmlands Protection Plan” to the Tompkins County Agricultural and Farmland Protection Board for their review and comments. ****** *Procedure Review and Audit of the Monthly Claims Whereas on January 7, 2011, the Town Board approved the attached procedure (Resolution 2 of 2011) for review and audit of the monthly claims before presentation for Board approval at the regular monthly meeting, to begin in February 2011, and Whereas the above procedure needs small modifications for clarity, BE IT RESOLVED that step #1 be modified to add the following: “The Clerk will attach a printed coversheet to each claim, with spaces delineated for the account number to be charged, all of the required initials, and additional detail as may be necessary (see #2, #4).” BE IT FURTHER RESOLVED that step #9 of the procedure be modified to the following: “Files by vendor will be created and maintained by the Clerk’s office.” ****** *Urging New York State to Significantly Cut the Unfunded Mandates that Cause Local Property Tax Increases Before Imposing a Property Tax Cap WHEREAS, New York property taxes are nearly eighty percent (80%) above the national average, and WHEREAS, New York municipal leaders have long recognized the need for lower property taxes and have been strong advocates in support of lowering the local property tax burden for decades, and WHEREAS, Governor Cuomo and many State Legislators support a cap on local property tax levies of two percent (2%) or the rate of inflation, whichever is less, but the current property tax cap proposals do not reduce or eliminate current State mandates on local governments or prevent new mandates which often result in increased expenses to local governments, and WHEREAS, the State government is imposing the property tax cap, however the State government runs primarily on income tax collections, not property tax, and an income tax cap is not being proposed. It is local governments that rely in large part on property tax, yet the ultimate mandate of a property tax cap is being proposed at the state level where their budget will feel little impact from the cap, and WHEREAS, a simple property tax cap will leave in place the inequities of New York’s system, which relies on the regressive property tax to pay for public schools, health care for the poor, and other safety net programs rather than fund these program through income taxes, and WHEREAS, arbitrarily capping property taxes would cripple local governments within a few short years, because all non-mandated spending such as for recreation, youth development, programs for the aging, libraries, etc. would slowly be eliminated to meet the cap, and WHEREAS, little action has been taken by New York State to decrease or control the costs of unfunded State mandates, which have been driving up local property tax levels for decades, and WHEREAS, capping property taxes without mandate relief will affect county and school budgets more significantly than town or village budgets but county programs and school districts service local municipalities and those services are likely to be seriously eroded without mandate relief, and WHEREAS, counties have no choice over how to spend most of their locally raised revenues, as mandates from Albany and state-determined pension costs make up as much as ninety percent (90%) of a typical county budget, and WHEREAS, in addition to State Mandated pensions the major cost drivers of local property taxes are other unfunded and underfunded state mandates, such as Medicaid, early intervention services, pre-school special education, public assistance, child welfare, youth detention, probation, and indigent defense, along with numerous other programs, such as storm water regulations and code enforcement, and WHEREAS, these mandated costs grow well in excess of the rate of inflation nearly every year, including for example: • County payments by all local governments to the New York State Retirement System are expected to rise forty percent (40%) in 2011 and by a similar amount in 2012, and have grown by over one-thousand percent (1,000%) since the year 2000, due to generous benefit expansions determined and mandated by the State Legislature and Governor. • Since 2005, the local share of Medicaid costs has increased at least three percent (3%) each year and sometimes by double-digit annual increases in the years prior to 2005. • The State continued to shift its costs to counties in the 2009-2010 and 2010- 2011 State budgets by more than $400 million in human service delivery alone, and WHEREAS, school districts are facing cuts in state foundation aid as well as a cap in the amount of local revenue that can be raised to fill the gaps created by those cuts. As proposed the tax cap will destroy the ability of many districts to meet the needs of children, and WHEREAS, school district budgets are passed by public referendum of those who reside within its boundaries, a powerful tool for local citizens that would be greatly diminished by an artificial cap imposed by another government body, and WHEREAS, the cap will leave in place the inequities among school districts because it does nothing to level the playing field between wealthy and poorer districts, and because the wealthier districts will be more likely to override the cap. The property tax cap, especially coupled with state aid cuts, will disproportionately hurt lower-income New Yorkers and widen the gap between rich and poor in New York State, and WHEREAS, simply capping property taxes does nothing to reduce the costs of these and many other State services that local municipalities must pay for and implement at the local level; in fact a property tax cap preserves the unjust system of taxation, where local taxes pay for state programs, and WHEREAS, the Governor’s property tax cap proposal allows local boards to override the cap with a two-thirds majority vote, thereby not only shifting costs to local governments, but also unfairly shifting blame to local leaders for tax increases that are actually caused by the State, now therefore be it RESOLVED, That the Tompkins County Council of Governments (TCCOG), which includes all municipalities in Tompkins County, urges New York State to take fiscal responsibility for services over which it has decision-making authority, rather than require local governments to pay for its decisions; this will in turn reduce the property tax burden and not preserve the status quo, RESOLVED, that the Town of Ulysses is opposed to the property tax cap without mandate relief, RESOLVED, further, that the Town of Ulysses stands with the Tompkins County Council of Governments to urge the Governor and State Legislature not to impose a local property tax cap unless and until it is coupled with significant cuts in local costs for State mandated programs that cause local property tax increases, or development of aid formulas and Home Rule Legislation authority to ease the burdens borne by local governments RESOLVED, further, that copies of this resolution be sent to Governor Cuomo, Assembly Speaker Sheldon Silver, Assembly Minority Leader Brian Kolb, State Senate Leader Dean Skelos, Senate Minority Leader John Sampson, State Senators Thomas O’Mara, James Seward, Michael Nozzolio, and Jeffrey Klein, Assemblywoman Barbara Lifton, the New York Association of Counties, the New York State Association of Towns, and the New York State Conference of Mayors. ****** *Executive Session BE IT RESOLVED that the Town Board of the Town of Ulysses go into Executive Session to discuss matters related to the appointment, promotion, demotion, discipline, or removal of particular personnel. ****** Special Town Board 3/1/2011 *Planning Board request to review the High Impact Industrial (HII) and Office, Technology and Mixed Use (OTM) Zoning Law Whereas the Planning Board is an integral part of the town’s zoning reviews and, Whereas the Planning Board has actively developed zoning laws and, Whereas the Planning Board has the experience and expertise, Be it resolved the Planning Board be requested to review the recommended “High Impact Industrial (HII) and Office, Technology and Mixed Use (OTM) Zoning Law” and Complete a detail review by individual sections (4.2, 14, 17.11, and 22), recommended vs. existing zoning laws and; Identify ads and deletes for the recommended document, with a brief rational for the changes and complete by 3/21/2011. Also, be it resolved the Town Board members prepare questions (if they have any) and provide them to Ken Zeserson by 3/14/2011. ****** Regular Town Board 3/08/2011 *Monthly Vouchers/Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approves voucher # 72 through 122 in the amount of $42,863.73. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the edited minutes of February 8, 2011, for the Regular Town Board meeting. ****** *REQUESTING NEW YORK STATE TO MAINTAIN FUNDING STREAMS FOR YOUTH BUREAU AND FURTHER URGING ELIMINATION OF COMPETITIVE BID FUNDING WHEREAS, Governor Cuomo has submitted his proposed 2011-2012 Executive Budget recommending the development of a Primary Prevention Incentive Program (PPIP), and WHEREAS, this proposal actually slashes the current allocation of funding for Youth Development and Delinquency Prevention (YDDP), Special Delinquency Prevention Program (SDPP), and Runaway and Homeless Youth Act (RHYA), by 50%, and WHEREAS, this proposal eliminates these funding streams and offers the distribution of funds on a competitive basis to counties, resulting in the elimination of funding to many rural counties, thereby promoting inequities in prevention and positive youth development services across New York State, and WHEREAS, the proposed competitive bidding process will also resu lt in a loss of local planning and control, and WHEREAS, the aforementioned proposal will dismantle the current youth bureau system, structure and funding streams, and will be especially detrimental to all municipal youth bureaus, and WHEREAS, current youth development and prevention services are provided through a fair and equitable formula-driven allocation through the New York State Office of Children and Family Services, and WHEREAS, the current funding through youth bureaus structures ensure appropriate local monitoring, evaluation and accountability, and WHEREAS, youth development, prevention and intervention are essential for critical services to children and youth, and WHEREAS, if adopted, this portion of the Executive Budget would result in the minimal loss of over $200,000 of youth services dollars for Tompkins County, and WHEREAS, if adopted, New York State will be abandoning its long-time national leadership and partnership in youth prevention, intervention and development services, as articulated in Article 19-A of the Executive Law, and WHEREAS, the Town of Ulysses believes that providing services and programs for children and youth is an investment, not only in delinquency prevention, but also in the development of all our young people, in a ll ways thus enriching our society and nation as a whole, and RESOLVED, on recommendation of the Health and Human Services Committee, the Town of Ulysses hereby requests Governor Cuomo and the New York State Legislature maintain the current youth bureau funding streams, albeit with proportionate reductions, and eliminate the concept of competitive bid funding, RESOLVED, further, That Governor Cuomo and the New York State Legislature be directed to uphold Article 19-A of the Executive Law and to maintain the current youth bureau system and structure which is in the best interest of the 26,000 children and youth of Tompkins County and of the children and youth of New York State as a whole, RESOLVED, further, That the Clerk of the Legislature is hereby d irected to forward a certified copy of this resolution to Governor Cuomo, Assembly Speaker Silver, Senate Majority Leader Skelos, Chair Senate Children and Families Committee Senator Savino, Chair Assembly Children and Families Committee Assembly Member Paulin, Senator O'Mara, Senator Nozzolio, Assembly Member Lifton, and the New York State Association of Counties. SEQR ACTION: TYPE II-20 ****** Special Town Board 3/16/2011 *Potential Conflict of Interest of Some Members of the Planning Board In light of the ongoing research by the Town Attorney on the question of potential conflict of interest of some members of the Planning Board as related to Phase 1 zoning changes as outlined in the Town Board resolution adopted Jan. 25, 2011; The Town Board hereby instructs the Planning Board not to review or discuss any portion of the Community Environmental Defense Council document presented to the Town Board on February 8, 2011, beyond page 20, or that addresses any aspect of high-impact industrial zoning. This action amends the Town Board resolution adopted March 1, 2011, entitled “Planning Board request to review high-impact industrial and office technology & mixed-use zoning law”. ****** Special Town Board 3/22/2011 *Potential Conflict of Interest of Some Members of the Planning Board In light of the ongoing research by the Town Attorney on the question of potential conflict of interest of some members of the Planning Board as related to phase 1 zoning changes as outlined in the Town Board resolution adopted Jan. 25, 2011; The Town Board hereby instructs the Planning Board not to review or discuss any portion of the CEDC document presented to the Town Board on Feb. 8, 2011, beyond page 20, or that addresses any aspect of high impact industrial zoning. This action amends the Town Board resolution adopted March 1, 2011 entitled “Planning Board request to review high impact industrial and office technology & mixed use zoning law”. ****** *Resolution to Set High Impact Industrial (HII) And Mixed Use Office and Technology (MUOT) Zoning Law Changes as a Top Priority WHEREAS at the January 25th meeting, the Ulysses Town Board passed a resolution titled Time Line for Revisions of the 2007 Zoning Law which outlines a three-phase plan for considering the many proposed changes to the Town’s current zoning laws in order to bring them in line with the 2009 Town of Ulysses Comprehensive Plan (see adopted outline below), and WHEREAS the first phase includes improving definitions of light and heavy industry to include environmental parameters and consider an explicit ban of heavy industrial activities Town-wide as well as other activities that dovetail with these zoning changes, and WHEREAS the Town Board voted in supermajority to “accept the proposed timeline to use as a work plan to move forward with the revisions of the 2007 Zoning Law”. THEREFORE BE IT RESOLVED that the Town Board reaffirms that the zoning changes as outlined in Phase I are the highest priority and the Town Board will work to the best of its ability to amend the Ulysses Zoning Law to include definitions of High Impact Industrial Use and Mixed Use Office and Technology in the time frame outlined in the Resolution of January 25, 2011 titled Time Line for Revisions of the 2007 Zoning Law. BE IT ALSO RESOLVED that the Town Board acknowledges it must simultaneously adhere to its duties as spelled out in applicable New York State laws and address topics of concern to the Town or Town residents as the law prescribes and in a timely manner. ****** *Executive Session BE IT RESOLVED that the Town Board of the Town of Ulysses go into Executive Session to discuss matters related to the appointment, promotion, demotion, discipline, or removal of particular personnel. *Introduced Local Law #1 for 2011 entitled “A Local Law to Establish the Position of Second Deputy Supervisor” BE IT RESOLVED that the Town Board of the Town of Ulysses introduced Local Law #1 for 2011 entitled “A Local Law to Establish the Position of Second Deputy Supervisor” and set a public hearing for April 12, 2011, at 6:45 p.m. ****** Regular Town Board Meeting 4/12/2011 *Vouchers/ Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous examined vouchers #123 through 146 and #148 through 180 in the amount of $45,407.85. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of the Regular Town Board meeting of March 8, 2011, the Special Town Board meetings of March 16th and the 22nd, 2011. ****** *Second Deputy Supervisor WHEREAS, the Town of Ulysses currently has one position of Deputy Supervisor, which was established pursuant to §42 of the Town Law; and WHEREAS, it would be in the best interest of the Town to create a second Deputy Supervisor position to assist the Supervisor and the Town Board in managing the work load of the Town; and WHEREAS, the Town Board has the authority, pursuant to the Municipal Home Rule Law, to supersede §42 of the Town Law and create a second Deputy Supervisor position by local law; and NOW, THEREFORE, be it RESOLVED that the Town Board hereby adopts Local Law # 1 of 2011 to create the position of Second Deputy Supervisor. Local Law #1 2011 A Local Law to Establish the Position of Second Deputy Supervisor Be it enacted by the Town Board of the Town of Ulysses as follows: SECTION 1. Town Law §42 authorizes the Town Board to establish one deputy supervisor position. The Town Board has concluded that it would be in the best interest of the Town to establish a second Deputy Supervisor position. The Town has the authority pursuant to the Municipal Home Rule Law to supersede Town Law §42 and establish a second Deputy Supervisor position in the Town. SECTION 2. The Town hereby establishes a second deputy supervisor position in the Town. This position shall be known as “Second Deputy Supervisor”. SECTION 3. Except as otherwise provided in this Local Law, the provisions of Town Law §42 shall apply to the position of Second Deputy Supervisor. SECTION 4. During the absence or inability of the Supervisor to act, or while the office of Supervisor is vacant, the order in which the Deputy Supervisor and Second Deputy Supervisor shall act shall be governed by Public Officers Law §9. SECTION 5. 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. *Budget Modifications BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following budget modifications: A Fund A1110.4 Justice CE (JCP grant Received) increase $13,910. A1220.12 Deputy Supervisor (2nd) (salary for 20 hrs.pw At $22 hr. mid April through mid-August increase 7,040. A1011.1 Administrative Asst. decrease 7,040. Revenue 5031 Inter-fund transfer increase 100. 3089(new) Other Government Aid 13,910. SW#3 Revenue SW3 5031 Inter-fund Transfer increase 100. SW#4 8310.1 Admin. Super PS decrease 150. 9030.8 Social Security decrease 19. 8310.11 Admin Clerk decrease 100. 9901 (new) Transfer to Other Funds 269. ****** *Adjourn to a Closed Session BE IT RESOLVED that the Town Board of the Town of Ulysses approves to adjourn to a closed session to speak with the attorney about legal matters. ****** Special Town Board Meeting 4/27/2011 *Bid from LaBella Associates BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the April 8, 2011, bid from LaBella Associates to provide implementation to assist the Town of Ulysses in a Pavement Management System using the Road Surface Maintenance System program. ****** *Certify the final adoption of Local Law #1 2011 BE IT RESOLVED that the Town Board of the Town of Ulysses designates Supervisor Marino to certify the final adoption of Local Law #1 2011 and forward it on to the Secretary of State. Regular Town Board Meeting 5/10/2011 *Vouchers/ Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approves vouchers #’s 181 through 229 in the amount of $30,253.28. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes as corrected for the Regular Town Board meeting of April 12, 2011and Special Town Board meeting of March 1, 2011. ****** *Job description for the Environmental Planner BE IT RESOLVED that the Town Board of the Town of Ulysses adopts the job description for the Environmental Planner E13.doc which modifies the Tompkins County job description adding the Town of Ulysses. Whereas the Town of Ulysses will be seeking a professional planner in the near future at the 0.75 FTE level, and Whereas, the Town Personnel Committee is in the middle of a major revision of the personnel policy, Be it resolved that the following temporary change be made to the personnel policy, in order for the position to attract a talented applicant pool. Employees who are working 0.75 of a full-time equivalent, or 0.75 FTE, up to but not including 1.00 FTE will be eligible to receive a 0.75 pro-rated health insurance benefit for either single or family coverage from the Town. ****** *Confidentiality and Joint Protection agreement BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Supervisor Marino to sign the Confidentiality and Joint Protection agreement. ****** *Resolution Asking the New York State Department of Environmental Conservation to Establish a Minimum 90-Day Comment Period for the Supplemental Generic Environmental Impact Statement on Oil, Gas, and Solution Mining Regulations for Shale Gas Drilling Whereas according to the Executive Order No. 41 (Requiring Further Environmental Review), signed by Governor David A. Paterson on December 13, 2010, the Department of Environmental Conservation was ordered to publish a Revised Draft Supplemental Generic Environmental Impact Statement (sGEIS) on or about June 1, 2011 and Whereas that Executive Order also called for the Department to accept public comments on the Revised Draft for at least thirty (30) days, and Whereas we understand the tremendous effort required by the NYS DEC to address the complex technical and regulatory concepts that must be included in the Revised Draft sGEIS, and Whereas due to the extent of the complexity of the Revised Draft sGEIS, we are concerned with the time and effort it will take for the public and for agencies to review the revised document upon its release, and Whereas the public is entitled to have adequate time to review this important document. Therefore Be it resolved we are requesting that the NYS DEC establish a minimum ninety day public comment period following the promulgation of the Revised Draft sGEIS. Be it also resolved this resolution be sent by U.S. mail to Commissioner Joe Martens; Governor Andrew Cuomo; NYS Senators Dean Skelos, Brian Kolb, Thomas O’Mara, James Seward, and Michael Nozzolio; Speaker Sheldon Silver; Assemblywoman Barbara Lifton; Chair of Senate Committee on Environmental Conservation Mark Grisanti; Chair of Assembly Committee on Environmental Conservation Robert Sweeney; Attorney General Erik Schneiderman; U.S. Senators Charles Schumer and Kirsten Gillibrand; Representatives Diane DeGette, Secretary of the Interior Ken Salazar, Representative Richard Hanna and Representative Maurice Hinchey; EPA Administrator Lisa Jackson, EPA Region 2 Administrator Judith Enck; New York State Association of Counties; New York State Association of County Health Officials (NYASCHO); the Tompkins County Board of Health; Tompkins County Legislature; Town Supervisors and Clerks within Tompkins County and NYS Association of Towns. ****** Special Town Board Meeting 5/18/2011 *Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approved the edited minutes for the Public Hearing of April 12, 2011 and the Special Town Board meeting of April 27, 2011. *Modifies the 2011 budget/ Stream Research BE IT RESOLVED that the Town Board of the Town of Ulysses modifies the 2011 budget to increase line A8030.4 Stream Research by $2,500, which is the original requested amount of $5,000 for water quality monitoring in Taughannock and Trumansburg creek watersheds using volunteers. FURTHER RESOLVED that CSI hold a community education forum on their work sometime in 2011. *Modify/ Salary for the Baseball Director BE IT RESOLVED that the Town Board of the Town of Ulysses modify line item A7310.4 to increase by $1,250 which is half of the salary for the Baseball Director to be paid to the Village of Trumansburg. Special Town Board Meeting 5/24/2011 No Resolutions passed Regular Town Board Meeting 6/14/2011 *Vouchers/Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous examined vouchers # 230 through 277 in the amount of $31,131.25. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited minutes for the Regular Town Board meeting of May 10, 2011 and the Special Town Board meetings of May 18 and May 24, 2011 ****** *RESOLUTION OF THE ULYSSES TOWN BOARD FOR A PUBLIC HEARING ON LOCAL LAW NO. 2 OF 2011, AMENDING THE TOWN OF ULYSSES ZONING LAW WHEREAS, Local Law No. 2, which amends the Zoning Law of the Town of Ulysses (“the Zoning Law”), is under consideration by the Ulysses Town Board (“the Town Board”); and WHEREAS, a local law amending the Zoning Law requires a public hearing; and WHEREAS, the proposed local law requires review by the Tompkins County Planning Department pursuant to §§239-l and 239-m of the General Municipal Law NOW, THEREFORE, be it RESOLVED that a public hearing be held on June 29, 2011 at 7:00 p.m. at the Trumansburg Elementary School on the proposed adoption of Local Law No. 2 of 2011; and be it further RESOLVED that the Zoning Officer forward the proposed Local Law and all other required materials to the Tompkins County Planning Department for review pursuant to §§239-l and 239-m of the General Municipal Law. ****** *Three (3) minute limitation for public comments BE IT RESOLVED that the Town Board of the Town of Ulysses sets a three (3) minute limitation for public comments at the Public Hearing on June 29, 2011. ****** Regular Town Board Meeting 7/12/2011 *Voucher/Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approve voucher #278 through 316 in the amount of $19,340.05. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of June 14, 2011 of the Regular Town Board meeting. ****** *Supervisor Roxanne Marino manage and complete hiring procedures for the position of Environmental Planner BE IT RESOLVED that the Town Board of the Town of Ulysses hereby authorizes Supervisor Roxanne Marino to manage and complete all aspects of the hiring procedures for the position of Environmental Planner based on the recommendations for a candidate from the majority of the members of the interview committee and according to the salary and benefits parameters set by Board resolution on 5/10/201. ****** *Retirement Alex Rachun WHEREAS the Town Board of the Town of Ulysses is in receipt of a letter of retirement from Alex Rachun from his employment as the Zoning Officer and Code Enforcement Officer, stating that he retired effective June 30, 2011, THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses accepts Alex Rachun’s retirement effective June 30, 2011. ****** *Appoints Alex Rachun to perform the duties of building inspector as an Enforcement Officer WHEREAS the Town of Ulysses is required to conduct building and fire code inspections, and WHEREAS the Town of Ulysses is currently without a Code Enforcement Officer due to the retirement of Alex Rachun, THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses appoints Alex Rachun to perform the duties of building inspector as an Enforcement Officer effective July 13, 2011, on a part-time basis not to exceed 20 hours per week for a salary not to exceed the 2011 Budget allocation. ****** *Executive Session BE IT RESOLVED that the Town Board adjourn for Executive Session on a personnel matter. ****** *Termination notice/Cleaning Contract WHEREAS cleaning services outlined in the cleaning contract for 2011 have not been performed per the contract since June 16, and, WHEREAS the Town Hall is used heavily in the summer season requiring someone to perform cleaning duties on a weekly basis. THEREFORE BE IT RESOLVED that the current cleaning contract be terminated by a notice from the Town Clerk who has been designated by the current contract as the supervisor; and RESOLVED the termination notice will be in writing effective 30 days from the date of receipt using the U.S. Postal Service Delivery Receipt date; and RESOLVED that the Town Clerk put out a request for bids to contract for cleaning using the same specifications in the current contract; and RESOLVED that the Town Clerk find a temporary replacement for cleaning services during this interim period. ***************** Special Town Board Meeting 7/26/2011 Re-accepting Alex Rachun’s Retirement and Re-appointing Part-time Enforcement Officer BE IT RESOLVED that the Town Board of the Town of Ulysses rescinds the resolutions passed July 12, 2011, to accept Alex Rachun’s retirement and to appoint an Enforcement Officer. WHEREAS the Town Board of the Town of Ulysses is in receipt of a letter of retirement from Alex Rachun from his employment as the Zoning Officer and Code Enforcement Officer, stating that he retired effective July 29, 2011, THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses accepts Alex Rachun’s retirement effective July 29, 2011. WHEREAS the Town of Ulysses is required to conduct building and fire code inspections, and WHEREAS the Town of Ulysses is currently without an Enforcement Officer due to the retirement of Alex Rachun, THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses appoints Alex Rachun to perform the duties of building inspector as an Enforcement Officer effective August 1, 2011, on a part-time basis not to exceed 20 hours per week for a salary not to exceed the 2011 Budget allocation. *********** Letter to Commissioner NYSDEC –Joe Martens BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following letter to Commissioner Joe Martens of NYSDEC on the High-Volume Hydraulic Fracturing Advisory Panel and authorize Supervisor Marino to sign on behalf of the Town Board. Mr. Joe Martens, Commissioner New York State Department of Environmental Conservation 625 Broadway Albany, NY 12233-1010 Reference: High-Volume Hydraulic Fracturing Advisory Panel Dear Commissioner Martens: This letter is in regards to the newly created High-Volume Hydraulic Fracturing Advisory Panel that will be charged with: developing recommendations to ensure DEC and other agencies are enabled to properly oversee, monitor and enforce high-volume hydraulic fracturing activities; developing recommendations to avoid and mitigate impacts to local governments and communities; and evaluating the current fee structure and other revenue streams to fund government oversight and infrastructure related to high-volume hydraulic fracturing. We are pleased that the New York State Department of Environmental Conservation has created this panel, as we are concerned about impacts to local governments and County Health Departments from high volume hydraulic fracturing. Among other impacts, we are concerned about the costs this activity will impose on local governments and County Health Departments for oversight and infrastructure. However, reviewing the list of initial members of this panel, it is noteworthy that there is not a single member from a local government or a County Health Department included on the panel. Since the panel is charged with developing recommendations to avoid and mitigate impacts to local governments and communities, it is important that local government and County Health Department representatives should be included on the panel. We strongly urge you to appoint additional members to the panel from these groups, especially local governments and County Health Departments in the Finger Lakes and Southern Tier, which will be directly affected by high volume hydraulic fracturing. Minutes Regular Town Board Meeting 7/12/2011 BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of the Regular Town Board meeting of July 12, 2011 as edited. Regular Town Board Meeting 8/10/21 *Budget Modifications BE IT RESOLVED that the Town Board of the Town of Ulysses approves the following 2011 budget modifications: B Fund B1420.4 Attorney CE increase $5000 B1990.4 Contingency decrease $5000 *Approval of Claims/Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approves voucher #’s 321 through 359 in the amount of $15,567.95 for payment. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes for the Special Town Board meeting of July 26, 2011 as edited. *SEQR For Zoning Law Amendment SEQR: Proposed Local Law No. 2 of 2011 to Amend the Zoning Law of the Town of Ulysses to Clarify that Natural Gas and/or Petroleum Exploration; Extraction; Support Activities; and the Storage, Transfer, Treatment or Disposal of Natural Gas and/or Petroleum Exploration and Production Wastes is Prohibited in the Town of Ulysses. WHEREAS, this action is the enactment of a Local Law amending the Town of Ulysses Zoning Law, a copy which is which is attached below; and WHEREAS, this is an Unlisted Action for which the Town of Ulysses Town Board is utilizing Type I procedures and acting as Lead Agency in an e nvironmental review with respect to the enactment of this local law; and WHEREAS, the Town Board, at a regular meeting held on June 14, 2011, directed that the Long Environmental Assessment Form, Parts I and II for this action, (hereafter referred to as “the LEAF”) prepared by Town Planning staff, be sent to the Tompkins County Planning Department for review pursuant to sections 239 l and m of the General Municipal Law; and WHEREAS, the Town Board of the Town of Ulysses has reviewed the LEAF; NOW, THEREFORE, BE IT RESOLVED, that the Town of Ulysses Town Board hereby accepts the LEAF as adequate; and it is further RESOLVED, that the Town of Ulysses Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review, for the above referenced action as proposed, based on the information in the EAF Part I and for the reasons set forth in the EAF Part II, and, therefore, a Draft Environmental Impact Statement will not be required. TOWN OF ULYSSES, NEW YORK LOCAL LAW NO. 2 OF THE YEAR 2011 A Local Law to Amend the Zoning Law of the Town of Ulysses Be it enacted by the Town of Ulysses as follows: SECTION 1. The definition of “Extractive industry” in Article IV of the Zoning Law, Section 4.2 (“Definitions”) shall be amended by the addition of the italicized words: “The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes used for the extraction or removal of minerals from their original location and the preparation such as washing, cleaning, crushing, stockpiling or other process at the mine location that makes a mineral suitable for commercial, industrial or construction use, but does not include operations extracting natural gas and / or petroleum. For the purpose of this Zoning Law, borrow pits (excavations for removing material for filling operations) which exceed 2,000 tons in a one (1)-year period are considered extractive industry.” SECTION 2. The following definitions shall be added to Article IV of the Zoning Law, Section 4.2, and “Definitions”: Natural Gas and /or Petroleum Exploration: Geologic or geophysical activities related to the search for natural gas, petroleum, or other subsurface hydrocarbons including prospecting, geophysical and geologic seismic surveying and sampling techniques, which include but are not limited to core or rotary drilling or making an excavation in the search and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits. Natural Gas and/or Petroleum Extraction: The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas, petroleum, or other hydrocarbons. Natural Gas and / or Petroleum Support Activities: The construction, use, or maintenance of a storage or staging yard, a water or fluid injection station, a water or fluid gathering station, a natural gas or petroleum storage facility, or a natural gas or petroleum gathering line, venting station, or compressor associated with the exploration or extraction of natural gas or petroleum. Natural gas: Any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarified state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons. Natural Gas and/or Petroleum Exploration and Production Wastes shall mean any garbage, refuse, cuttings, sludge, flow-back fluids, produced waters, or other discarded materials, including solid, liquid, semisolid, or contained gaseous material that results from or is associated with the exploration, drilling or extraction of natural gas and/or petroleum. SECTION 3. The following provisions shall be added to “Article XXI - General Provisions” of the Zoning Law: 21.15. Natural Gas and/or Petroleum Exploration, Natural Gas and/or Petroleum Extraction, Natural Gas and/or Petroleum Support Activities, Natural Gas and/or Petroleum Exploration and Production Wastes 21.15.1 The provisions of this section are in further clarification of section 2.1, of this Zoning Law, which provides in part: “Any use not specifically set forth as a permitted use in any zoning district shall be expressly prohibited in that zone. A use specifically set forth as a permitted use in one zoning district shall not be permitted in another zoning district unless it is specifically set forth as a permitted use in such district.” 21.15.2 The following uses are not permitted in any zoning district: 21.15.2.1 Natural Gas and / or Petroleum Exploration 21.15.2.2 Natural Gas and / or Petroleum Extraction 21.15.2.3 Natural Gas and / or Petroleum Support Activities 21.15.2.4 the transfer, storage, treatment, or disposal of natural gas and/or petroleum exploration or production wastes, or the application of such wastes to land or roadways; 21.15.2.5 erection of any derrick, building or other structure or placement of any machinery or equipment for the purposes outlined in paragraphs 21.15.2.1, 21.15.2.2, 21.15.2.3, or 21.15.2.4 above; 21.15.3 No permit issued by any state or federal agency, commission or board to any person, firm or corporation, which would violate the prohibitions of this section shall be deemed valid within the Town of Ulysses. SECTION 4. This local law shall take effect upon filing with the Secretary of State, at which point this local law shall apply to any and all prohibited activities in the Town of Ulysses regardless of the date of any applicable New York State Department of Environmental Conservation permits. SECTION 5. The provisions of this local law are severable. If any court of competent jurisdiction decides that any section, clause, sentence, part or provision of this local law is illegal, invalid, or unconstitutional, such decision shall not affect, impair, or invalidate any of the remaining sections clauses, sentences, parts, or provisions of the Local Law. SECTION 6. This local law shall supersede or repeal any prior inconsistent Local Law or local law in the Town of Ulysses purporting to allow natural gas exploration, natural gas extraction or the transport, storage, treatment or disposal of natural gas exploration or extraction waste. *Zoning Law Amendment Related To Gas Drilling RESOLUTION ADOPTING LOCAL LAW NO. 2 OF 2011, CLARIFYING THAT NATURAL GAS AND/OR PETROLEUM EXPLORATION; EXTRACTION; SUPPORT ACTIVITIES; AND THE STORAGE, TRANSFER, TREATMENT OR DISPOSAL OF NATURAL GAS AND/OR PETROLEUM EXPLORATION AND PRODUCTION WASTES IS PROHIBITED IN THE TOWN OF ULYSSES WHEREAS, the Town has the authority to adopt the Local Law referred to above (hereafter “the Local Law”) pursuant to Article 9, §1 of the New York State Constitution and §10 of the New York State Municipal Home Rule Law; and WHEREAS, the New York Court of Appeals has held that a town “is not obligated to permit the exploitation of any and all natural resources within the town as a permitted use if limiting that use is a reasonable exercise of its police powers to prevent damage to the rights of others and to promote the interests of the community as a whole” [Gernatt Asphalt Products, Inc. v. Town of Sardinia, 87 N.Y.2d 668, 642 N.Y.S.2d 164 (1996).]; and WHEREAS, the power to regulate land use through the zoning powers is expressly delegated to towns in the New York State Statute of Local Governments § 10(6) and New York State Town Law §261; and WHEREAS the Local Law is not directed at the regulatory scheme for the operation of natural gas wells under the Oil, Gas & Solution Mining Law of New York State. This Local Law addresses land use and nuisance concerns and the protection of the health, safety and welfare of the people of the Town of Ulysses and the enhancement of its physical environment and is intended to only incidentally impact the state law set forth in New York State Environmental Conservation Law Article 23; and WHEREAS, pursuant to page 1 of Article 1 of the Ulysses Zoning Law of 2007, the purpose of the Zoning Law of the Town of Ulysses is, in part, to promote the health, safety, and general welfare of the community, to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent overuse of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, parks and to restrict and regulate the size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, the density of population, and the use of buildings, structures and land for trade, industry, residence or other purposes in order to preserve, foster and enhance the native beauty and rural character of one of the most picturesque and charming communities in the Finger Lakes region of New York State and further states “Ulysses is a community well known for its fine vistas of farmland, hills and Cayuga Lake”; and WHEREAS, Town of Ulysses Zoning Law provides that “the regulations, restrictions and boundaries set forth in this Zoning Law may be amended, supplemented, changed or repealed by the Town Board pursuant to local law.” (Town of Ulysses Zoning Law, Article II/Section 2.11); and WHEREAS, the Zoning Law of the Town of Ulysses, Section 2.1, provides in part: “Any use not specifically set forth as a permitted use in any zoning district shall be expressly prohibited in that zone. A use specifically set forth as a permitted use in one zoning district shall not be permitted in another zoning district unless it is specifically set forth as a permitted use in such district.”; and WHEREAS, the exploration for natural gas and/or petroleum; the extraction of natural gas and/or petroleum; and the storage, transfer, treatment or disposal of natural gas and/or petroleum exploration and production wastes is not specifically set forth as a permitted use in any zoning district and is therefore prohibited in the Town of Ulysses; and WHEREAS, the definition of “Extractive Industry” in the Zoning Law, read together with the Standards for the Extractive Industry in section 17.11, clearly apply to removal of minerals such as sand, gravel and clay. The Standards refer to removal of more than five hundred tons or three hundred and fifty cubic yards, whichever is less, or a mineral from the earth, which is a measurement for sand, gravel and clay, not the extraction of gas and oil. This amendment to the Zoning Law removes any possibly ambiguity in the term “Extractive Industry”; and WHEREAS, it is the intent of the Town Board by this amendment to the Town of Ulysses Zoning Law to clarify that natural gas and/or petroleum exploration and extraction and the associated uses of land for heavy industrial uses involved with exploration or extraction of natural gas and/or petroleum have not been and are not permitted uses of land under the Town of Ulysses Zoning Law. In addition, the absence of these activities from the list of permitted uses is a reasonable exercise of the Town’s police powers to prevent damage to the rights of citizens who would otherwise be negatively affected by such uses and to promote the interests of the community as a whole; and WHEREAS, the Local Law is enacted to protect and promote the health, safety and general welfare of present and future residents of the Town of Ulysses. The Local Law is an exercise of the Town’s police power, its power to prohibit public nuisance and a land use regulation designed to protect the Town and its residents from adverse effects and impacts that would result if natural gas and/or petroleum exploration and extraction and/or the storage, transfer, treatment, application or disposal of natural gas and/or petroleum exploration and production wastes were allowed within the Town. As set forth more fully in the Appendix attached hereto and incorporated herein by reference, there is mounting evidence that widespread negative environmental impacts have resulted from, or are reasonably expected to result from natural gas and/or petroleum exploration, extraction and related operations in other areas of the country, including negative impacts on groundwater quality, surface water quality, air quality, traffic, scenic and natural resources, neighborhood and community character, vegetation and habitats; and WHEREAS, the Local Law is in conformance with the Town of Ulysses Comprehensive Plan, most recently amended in 2009, as set forth more fully in the Appendix; and WHEREAS, the Local Law enhances protection of Unique Natural Areas (UNA’s), as set forth more fully in the Appendix; and WHEREAS, notice of a public hearing on the Local Law was duly advertised in the Ithaca Journal for June 29, 2011 at 7:00 p.m. at the Trumansburg Elementary School Auditorium; and WHEREAS, said public hearing duly held on said date, time and place and all parties in attendance were permitted an opportunity to speak in favor of or in opposition to the Local Law, or any part thereof; and WHEREAS, the Town of Ulysses provided an opportunity for members of the public to submit comments in writing in favor of or in opposition to the Local Law, or any part thereof for a period of 21 days from June 14 until July 6, 2011; and WHEREAS, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, adoption of said Local Law is an Unlisted action for which the Town Board of the Town of Ulysses, acting as lead agency in an environmental review with respect to adoption of the Local Law and utilizing Type I procedures, has on August 10, 2011 made a negative determination of environmental significance, after having reviewed and accepted as adequate the Long Environmental Assessment Form Parts I and II prepared by the Town’s Planning staff; and WHEREAS, the Town Board agrees it is important to make these clarifications to the Town of Ulysses Zoning Law because the exploration for natural gas and/or petroleum, the extraction of natural gas and/or petroleum, and related operations in the Town of Ulysses would pose a significant threat to its residents’ health, safety, and general welfare; NOW, THEREFORE, it is RESOLVED that the Town Board of the Town of Ulysses hereby adopts said Local Law No.2 of the Year 2011 to amend the Zoning Law of the Town of Ulysses, a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED that the Town Clerk is hereby authorized and directed to file said Local Law with the Secretary of State as required by law. APPENDIX TO RESOLUTION ADOPTIN LOCAL LAW NO. 2 OF 2011 The Town Board of the Town of Ulysses hereby makes and adopts the following findings: 1. The Local Law is in accordance with the 2009 Comprehensive Plan of the Town of Ulysses (hereafter “the Comprehensive Plan”) for reasons including, but not limited to, the following: a. The Vision Statement set forth in the Comprehensive Plan articulates what aspects of the Town are most important to residents, and reflects the quality of life and character desired by the residents. The Vision Statement reads: “Ulysses is a rural community in the Finger Lakes region that takes great pride in its agricultural heritage and community character, natural resources, and small- town atmosphere. Significant community features, including our farms and lakeshore, make Ulysses a desirable location for residents and visitors alike. We will continue to celebrate and protect our unique resources by promoting efforts that support agricultural sustainability, open space conservation, a balanced approach to economic development, and revitalization of village and hamlet centers. We will strive to effectively balance future growth with the consideration of key community assets through proactive planning in a manner that benefits all residents, both today and in the future.” Town of Ulysses Comprehensive Plan, p. 17. b. The introduction of the 2009 Comprehensive Plan states: “. . . The Town has retained its rural, small-town character even as growth has begun to transform other agricultural communities around the City of Ithaca. [...] The wrong type and scale of future development could lead to the loss of existing agricultural businesses, changes to the character of rural roadways as they see increased traffic, and the loss of open space and scenic views….” (Comprehensive Plan, Introduction, p. 3). c. The Comprehensive Plan specifies as an action step that “the Future Land Use Plan [should be used] to guide officials’ decision-making as it relates to future development.” (Comprehensive Plan, Action Step #2.1.A, p. 22). d. Policy Area #1 of the 2009 Comprehensive Plan titled Environment and Natural Resources states: “The Town of Ulysses is defined by a rich diversity of natural features and open spaces. The abundance of fields, woodlands, wetlands, gorges, and lakeshore contribute greatly to the quality of life here, and serve as important habitat for plants and wildlife. Residents have expressed a strong desire to preserve the quality of these natural features and resources. To do so, the Town will strive to employ sound development practices, proper zoning guidelines, and community stewardship to reduce or eliminate the degradation of these valuable resources.” (Comprehensive Plan, p. 19). e. Policy Area #2 of the Comprehensive Plan entitled Sustainable Land Use and Development states: “Sustainable growth and development shall be encouraged through the implementation of sound land use planning principles. The rural landscape is an important attribute of the community; the preservation of the landscape must be balanced by thoughtful residential and commercial growth that is focused around targeted development nodes. The Town will support development patterns that conserve its unique natural resources, reduce energy consumption, and strive to enhance land values within the Town.” (Comprehensive Plan, p. 22). f. Policy Area #3 of the 2009 Comprehensive Plan titled Local Economy states: “… We shall promote a diversified economy that builds on established local industries, including agricultural production, tourism, and small-business development. […]” (Comprehensive Plan, p. 27). g. Policy Area #4 of the Comprehensive Plan titled Community Services states: “Community programming seeks to provide safe, healthy, and enjoyable ways for residents of the Town to enjoy natural, cultural, and historic resources, which contribute to the overall landscape of the Town. We shall seek to identify and provide appropriate opportunities for all age groups to actively participate in the local community. Municipal and public services shall be provided in a planned and orderly fashion that seeks to enhance the rural character of Ulysses.” (Comprehensive Plan, p. 29). h. Policy Area #5 of the Comprehensive Plan entitled Community Identity states: “Town residents are proud of the established community identity of Ulysses as a desirable place to live and recreate in the Finger Lakes region. We recognize that the Town of Ulysses and the Village of Trumansburg offer unique opportunities for small business owners, residents, and visitors. The Town seeks to honor its agricultural heritage and rural settlement patterns and celebrate its natural beauty and resources.” (Comprehensive Plan, p. 33). i. The Comprehensive Plan includes as an Objective that the Town should “provide a high quality of life for all residents through proactive planning that supports the goals of the local community, complements the existing rural character of the Town, and protects the value of natural and environmental resources.” (Comprehensive Plan, Objective #2.1, p. 22). j. The Comprehensive Plan includes as an Objective that the Town should “protect existing water resources and maintain water quality” (Comprehensive Plan, Objective #1.2, p. 20), and to further that Objective, the Comprehensive Plan specifies as an Action step that the Town “identify and enact measures to protect the quantity and quality of groundwater for Town residents, including the protection of open space and prohibiting over-withdrawal of groundwater resources, and limiting potential negative impacts associated with septic systems, agricultural practices and commercial containments.” (Comprehensive Plan, Action Step #1.2.G, p. 20). k. The Comprehensive Plan includes as an Objective that the Town should “protect existing air resources and maintain the air quality for the health and safety of Town residents” (Comprehensive Plan, Objective #1.3, Action Step C., p. 21). l. The Comprehensive Plan includes as an Objective that the Town should “preserve and protect the Town’s rural characteristics and agricultural lands” (Comprehensive Plan, Objective #2.6, p. 26), and to further that Objective, the Comprehensive Plan specifies as an Action step that the Town “. . . develop specific strategies for protecting and maintaining high quality agricultural lands for agricultural uses, and for preserving the rural landscape.” (Comprehensive Plan, Action Step #2.6.A, p. 26). m. The Comprehensive Plan includes as an Objective that the Town should “diversify the local economy and promote economic growth by supporting and promoting tourism-based opportunities” (Comprehensive Plan, Objective 3.2, p. 28), and to further that Objective, the Comprehensive Plan specifies as Action steps that the Town should: “Encourage small tourism-based businesses within the Town… [and] promote tourism in the Town and develop partnerships for future tourism-based initiatives.” (Comprehensive Plan, Action Steps 3.2.A, 3.2.B, p. 28). n. The Future Land Use Plan described in the Comprehensive Plan is intended to represent and demonstrate how the community believes the Town should look in the future (Comprehensive Plan, p. 27). The Future Land Use Plan does not contemplate as permitted uses high-impact industrial uses such as those used in exploration and extraction of natural gas and petroleum. o. Survey results in the Town of Ulysses Comprehensive Plan show that residents of the Town rated as “very important” the following community characteristics: 71.8% conservation, 69% protection of open space, 62.9% clean lake water, and 66.6% protection of groundwater. Allowing oil or gas extraction industries into the Town of Ulysses contradicts these desirable qualities and goes against the wishes of its residents (Comprehensive Plan, Summary of Community Survey Results 5.a. pg. 74). p. The protection of residents, neighborhoods, and the natural environment constitutes the highest and best use of the police and land use powers that the Town possesses. Such land use powers are an important and necessary tool in implementing the goals of a municipal Comprehensive Plan. 2. Unique natural areas (UNA’s) a. In its 1990 inventory and 2000 revision thereof, the Tompkins County Environmental Management Council identified 10 areas in the Town of Ulysses that are designated Unique Natural Areas (UNA) that harbor rare or endangered flora and fauna, unique geologic features or contain excellent examples of ecosystems or biotic communities. b. The Town of Ulysses officially acknowledged the value and need to protect its approximately 1,540 acres of Unique Natural Areas (UNAs) by passing a resolution on January 12, 2010 officially accepting the designation of UNAs as outlined by the Tompkins County Environmental Management Council as shown on the map dated 1999 (seen at http://www.tompkins- co.org/gis/maps/pdfs/UNACountyWide-E.pdf). c. Designation of a Unique Natural Area in and of itself does not afford any tangible protections of the area. d. The Town of Ulysses Planning Board and Town Board are in the process of defining and adopting amendments to the Town Zoning Law that would protect a significant portion of the Town in environmentally sensitive areas adjacent to Cayuga Lake by designating a Conservation Zone and Lake Shore Zone. 3. State and Federal Regulation and Oversight; concerns include but are not limited to: a. Federal EPA expressed serious reservations about the scope, accuracy and viability of the 2009 draft sGEIS, the New York State document that will guide regulation of natural gas extraction (www.toxicstargeting.com/sites/default/files/Marcellus_dSGEIS_Comment_Letter_plus_Enclosur e.pdf). b. The EPA is currently studying the association of high volume, slick water hydraulic fracturing with water contamination in a national effort not expected to culminate until 2012. c. The United States House of Representatives Committee on Energy and Commerce released a report in April 2011 titled Chemicals Used in Hydraulic Fracturing which states, “Yet questions about the safety of hydraulic fracturing persist, which are compounded by the secrecy surrounding the chemicals used in hydraulic fracturing fluids.” d. Studies or analyses of both the long-term and cumulative impacts of high volume slick water hydraulic fracturing (HVSWHF) operations on a community’s water, air, health and economy have not been completed, and no analysis of these type of impacts are included by the DEC in the Preliminary Revised Draft SGEIS (July 2011). e. A report authored by University of Oneonta Professor Ronald Bishop and others in November 2009 for former Congressman Michael Arcuri, states that “proceeding with any new projects to extract methane from unconventional reservoirs by current practices in New York State is highly likely to degrade air, surface water and ground-water quality, to harm humans, and to negatively impact aquatic and forest ecosystems. Mitigation measures can partially reduce, but not eliminate, the anticipated harm.” (http://www.sustainableotsego.org/Risk%20Assessment%20Natural%20Gas%20Extraction- 1.htm). A summary and analyses of the U.S. data and record of experiences with shale gas and oil extraction included in a recent study by the European Union indicates that these technologies have had a significant impact on health and the environment. (Impacts of Shale Gas and Shale Oil Extraction on the Environment and on Human Health, European Parliament 2011.) http://www.europarl.europa.eu/activities/committees/studies/download.do?language=fr&file=41771) 4. General concerns related to drilling for natural gas on the health, safety and welfare of the Town of Ulysses and its residents include but are not limited to: a. Drilling for natural gas by its very nature has the potential to produce a combination of negative impacts upon the environment and people living in or in proximity to drilling operations. Many of these are unavoidable, due to the large land occupation and density of well drilling required and the relatively high risk of accidents. Such negative community impacts may include, without limitation, traffic, noise, vibrations, fumes, damage to roadways, degradation of water quality, degradation of air quality, decreased availability of affordable housing, increased demand on emergency services, increased costs to residents, damage to and loss of agricultural lands and soils, damage to and loss of open space, natural areas, and scenic views, decreased recreational opportunities, and damage to the tourism industry. b. Natural gas exploration or extraction or the storage, transfer, treatment, application to land or roadways, or disposal of natural gas exploration and production wastes occurring within the Town is likely to endanger the health, safety and welfare of Town residents through the deposit of toxins and radioactive substances into the air, soil, water, environment, and the bodies of residents within the Town. Irreparable harm to the Town’s drinking water supplies may occur. Methane contamination of groundwater in severe cases can result in safety hazards such as explosions in residences and businesses using well water. Town and residents property could be damaged by the corrosive nature of these wastes. c. Air, soil, and water contamination may occur during the different stages of natural gas exploration and extraction operations and the storage, transfer, treatment or disposal of natural gas exploration and production wastes, and such contamination could have adverse impacts on plant, human and animal health and environmental quality. Such impacts, many already documented in other areas, will directly affect the quality of life and livelihoods of residents of the Town of Ulysses. 5. Risks to water include but are not limited to: a. The hydraulic fracturing process used in natural gas extraction is exempt from the federal Safe Drinking Water Act which would otherwise offer some protection to drinking water sources. Further, chemicals used in the hydraulic fracturing process are not yet required to be of public record due to trade secret protection, making it difficult to impossible to evaluate risks that might be associated with this process. b. The Town of Ulysses is committed to protecting the quality of its water resources including the approximately 38 acres of wetlands designated by the New York State Department of Environmental Conservation and its approximately 580 acres of federally designated wetlands based on the National Wetlands Inventory, 1,060,483 feet of streams, 2,437 acres of Cayuga Lake and 40,327 feet of shoreline along Cayuga Lake. c. The United States Geological Survey map titled Unconsolidated Aquifers of Tompkins County shows that a large portion of the northwest section of the Town of Ulysses is underlain by the Taughannock Creek Valley aquifer which is a confined aquifer characterized by sand and gravel and susceptible to contamination from drilling for natural gas. d. All residents of Town of Ulysses depend on the purity of lake or groundwater for their primary drinking water source, either from private wells (the majority of households), the Trumansburg Village municipal water well located just outside the Town, directly from Cayuga Lake, or indirectly from Cayuga Lake through the Southern Cayuga Lake Inter-municipal Water Commission via a municipal water system. A report based on a 2009 survey of Town of Ulysses residents emphasizes the fragile nature and limited capacity of the groundwater sources for private wells in many areas of the Town. (http://www.ulysses.ny.us/tou- water_needs_report.pdf). e. Protection of the Town of Ulysses water sources from potential contamination is an important goal of the Town of Ulysses. f. Surface spills and underground migration of liquid wastes that originate from the exploration, drilling and extraction of natural gas (whether onsite or during the transportation of these products to treatment and/or disposal facilities) can occur, and such products may come into contact with and contaminate and pollute groundwater and/or soil. Experience from states in which hydraulic fracturing is active indicates that contamination of drinking water and streams is not uncommon whether it be due to poorly constructed well casings, cracked well casings, surface spills, leaking containment ponds, migration of contamination through abandoned wells, or for other undocumented or unexplained reasons (Fractured Communities: Case Studies of the Environmental Impacts of Industrial Gas Drilling. Michaels et al. 2010. http://riverkeeper.org /Fractured-Communities-FINAL-September- 2010.pdf). g. Water contamination has been documented in a peer reviewed paper in the Proceedings of the National Academy of Sciences by Dr. Stephen Osborn and others from Duke University titled Methane Contamination of Drinking Water Accompanying Gas-Well Drilling and Hydraulic Fracturing which looked at 68 water wells across Pennsylvania. The research showed levels of methane with the chemical profile of shale-gas in groundwater were 17 times higher on average in water wells located within a kilometer of active hydraulic fracturing than water wells where there was no hydraulic fracturing, and were very often above the federal safety standard for explosions (Proceedings of the National Academy of Sciences, 2011. www.pnas.org/cg1/doi/10.1073/pnas.1100682108) h. The presence of methane gas in water wells demonstrates the likelihood of other gaseous pollutants associated with natural gas development, such as radon. While no studies are yet available on other such gases as yet, radon is a radioactive substance that is well documented to pose significant health risks, including cancer. i. State University of New York at Buffalo researchers led by Tracy Bank reported that the Marcellus Shale is naturally enriched in uranium and has enhanced solubility and mobility due to water-rock interactions over millions of years and hence produced water secondary to the fracking process contains unacceptably high levels of radioactivity (http://gsa.confex.com/gsa/2010AM/finalprogram/abstract_181465.htm; http://www.buffalo.edu/news/11885). j. An analysis on wastewater from the gas and oil industry treated at a brine treatment facility in Pennsylvania by Dr. Conrad Volz and others from the Center for Healthy Environments and Communities at the University of Pittsburgh shows levels of barium, strontium, bromide, benzene, 2-butoxyethanol and other contaminants in the effluent entering a local creek well in excess of EPA standards for protection of human health and aquatic life. The report cites concern for those who drink the water from municipal authorities downstream as well as those who recreate in the area and are exposed to chemicals emanating from the creek either through skin absorption, inhalation of volatile compounds, or ingestion of fish taken from the creek (http://www.marcellus- shale.us/pdf/Wastewater_Josephine_3-25-11.pdf). k. Experience in Pennsylvania where hydraulic fracturing is allowed shows produced water and flow back fluid disposal techniques and regulations at the State level are inadequate or non-existent and that standard waste water treatment techniques are not effective when treating these toxic fluids (February 27, March 2, March 4, 2011 articles and supporting documentation by Ian Urbina, http://www.nytimes.com/interactive/us/DRILLING_DOWN_SERIES.html; Letter from U.S. EPA Region 3 Regional Director Shawn Garvin to PA Department of Environmental Protection, March 7, 2011). l. Roughly 1,150 acres in the Town of Ulysses are highly erodible slopes greater than 15 degrees leading to the gorges and streams that feed Lake Cayuga. These slopes are susceptible to stormwater runoff problems if drilling for natural gas were allowed on these lands. 6. Risks to air quality include but are not limited to: a. Significant venting and leakage of natural gas to the atmosphere occurs during shale gas development (summarized in Howarth et al. 2010, Climatic Change Letters, doi 10.1007/s10584-011-0061-5, which relied on 2010 EPA and GAO reports). b. A variety of air pollutants are included in the gaseous releases associated with several point sources in gas drilling process and with leakage from storage and transmission infrastructures. Pollutants include benzene, formaldehyde, and other aromatic hydrocarbons and hydrogen sulfide, carbon disulfide and other sulfur gases in addition to radon. Development of the Barnett Shale gas in Texas has led to high levels of air pollution, including benzene concentrations of up to 15,000 ppb in air. These concentrations are high enough to cause acute toxicity (Texas Commission on Environmental Quality 2010. http://www.tceq.state.tx.us/assets/public/implementation/barnett_shale/2010.01.27- BarnettShaleMonitoringReport.pdf; Town of Dish, Texas 2009. http://www.townofdish.com/objects/DISH_-_final_report_revised.pdf; Impacts of Shale Gas and Shale Oil Extraction on the Environment and on Human Health, European Parliament 2011. http://www.europarl.europa.eu/activities/committees/studies/download.do?language=fr&file=4177 1). c. In the Marcellus Shale region, only limited air quality monitoring has occurred to date, and the highest concentrations of benzene found are far lower than those found in Texas for the Barnett Shale, only 758 ppb (Pennsylvania Department of Environmental Protection 2010. Southwestern Pennsylvania Marcellus Shale Short-Term Ambient Air Sampling Report. http://www.dep.state.pa.us/dep/deputate/airwaste/aq/aqm/docs/Marcellus_SW_11 -01-10.pdf). Still, exposure to levels of chemicals such as benzene at these lower levels can pose a significant cancer risk. A recent peer-reviewed study suggests a strong link between low-level chronic benzene exposure and risk of leukemia (Talbott et al. 2011. Risk of leukemia as a result of community exposure to gasoline vapors: A follow-up study. Environmental Research 111: 597-602). d. Emissions from internal combustion engines, primarily using diesel fuel, are a significant and damaging source of air pollution associated with extraction of natural gas and petroleum, as these processes rely heavily on such engines for many aspects of the overall process (such well drilling and fracking and a high frequency of heavy truck trips to and from the sites). A study in 2009 by Dr. A. Armendariz of Southern Methodist University (now Director for EPA Region 6) found high levels of smog-forming compounds (nitrogen oxides and volatile organic compounds, or VOC’s) in air associated with oil and gas production in the Barnett Shale region of Texas, in addition to greenhouse gases and air-borne toxic chemicals (www.edf.org/documents/9235_Barnett_Shale_Report.pdf). VOC’s react in the atmosphere to produce fine particulate matter and ground-level ozone, both of which are known to cause lung damage and a variety of respiratory conditions including asthma, chronic bronchitis, and can lead to premature death ( http://www.citizensforhealthydevelopment.org/home/harmful-effects-of-diesel-exhaust-1). 7. Health risks include but are not limited to: a. The health risks associated with the development of natural gas from shale formations has received very little study. Two recent reviews highlight the potential for major health risks and urge precaution. (M. Finkel and A. Law 2011. The rush to drill for natural gas: A public health precautionary tale. American Journal of Public Health. Published on line in advance of print on March 17, 2011. doi 10.2105/AJPH.2010.300089; B. Schwartz and C. Parker. 2011. Public health concerns of shale gas production, pgs. 11-15 in Will Natural Gas Fuel America in the 21st Century? http://postcarbon.org/naturalgas) b. Mounting evidence and analyses of hydraulic fracturing for gas extraction since its inception in the U.S. indicates a variety of environmental and health impacts are associated with this industry. (Impacts of Shale Gas and Shale Oil Extraction on the Environment and on Human Health, European Parliament 2011. http://www.europarl.europa.eu/activities/committees/studies/download.do?language=fr&file=4177 1) c. Concerns over the potential harm to human health from natural gas drilling and the lack of scientifically established cause and effect relationships have led the Medical Society of the State of New York and several County medical societies throughout New York State, including Tompkins County to call for a statewide moratorium on natural gas extraction using high volume hydraulic fracturing until valid information is available to evaluate the potential effects on human health and the environment. (http://gdacc.wordpress.com/2010/12/10/new-york-state-medical- societies-call-for-moratorium/) d. The process of high volume slick water hydraulic fracturing has been linked to chronic diseases such as respiratory ailments, neurologic impairments and the high likelihood that exposure to fracking chemicals many of which are highly toxic can cause cancer. .(http://earthworksaction.org/oil_and_gas.cfm http://www.huffingtonpost.com/2011/03/08/wyoming-ait-pollution-gas-drilling_n_833027.html, http://www.circleofblue.org/waternews/2010/world/north-america/epa-launches-national-study-of- hydraulic-fracturing/). 8. Community impact findings include but are not limited to: a. Agriculture and tourism are particularly important activities to promote and sustain in the Town of Ulysses, according to the 2009 Comprehensive Plan and nearly completed Town of Ulysses Agriculture and Farmland Protection Plan. A study by the Southern Tier Central Regional Planning & Development Board indicates that activities associated with gas drilling “will change the pristine and rural character of the region to a gritty and industrial one” and that such shift in local land use could substantially damage the future of the tourism and agriculture industries. Information from other states where drilling is occurring indicates potentially serious economic consequences for agriculture & tourism. (http://www.stcplanning.org/). b. Based on the experience of municipalities in Pennsylvania currently in the midst of the active drilling region, traffic and truck traffic has increased significantly resulting in an increase in accidents, traffic violations, traffic congestion and a need for increased police patrols. c. According to preliminary results of an economic study conducted by Susan Christopherson at Cornell University (http://www.greenchoices.cornell.edu/downloads/ development/Marcellus/Marcellus_Prelim_Results.pdf): i. An average of 890-1,340 truck trips per well site cause a high potential for road degradation. Without clear direction from the New York State Legislature, taxpayers from the Town of Ulysses and Tompkins County are likely to be financially responsible for resulting road repair. ii. Bradford County, Pennsylvania saw an increase in demand on health, educational, administrative, emergency response, and environmental monitoring services and an increase in public safety costs. iii. Annual production from a shale gas well declines by about 50 percent in the first year, leaving royalty revenues to drop and does not constitute a long-term strategy for economic development in rural areas. iv. While gas drilling regions in Pennsylvania do show job gains, a vast number of high paying jobs are not within the state and the long-term economic gain is often not positive at the pace and scale of development seen in Pennsylvania. v. A rapid increase in activity can be expected once permitting begins based on experience from Pennsylvania, where 71 permits were granted in 2007 compared with 1,984 in 2009, which qualifies the pace of development as a boom and subject to bust. d. According to County Commissioner Mark Smith of Bradford County, speaking in December 2010, there has been an increase in traffic accidents, traffic violations, crime, homelessness, cost of housing, and use of the County Courthouse in Bradford County as a result of gas exploration and extraction causing an increase in the County budget at the tax payer’s expense. e. The State of New York’s system of taxation is outdated and based on a form of gas extraction that has a steady rate of production over a long time rather than a large initial peak of production followed by a precipitous decline. Unless New York State addresses these taxation inadequacies, additional municipal expenses associated with natural gas extraction will not be offset. f. Information gathered by the Tompkins County Council of Governments Task Force on Gas Drilling’s Land Value and Assessment Workgroup indicates mortgage lending is often compromised under the conditions stipulated in many gas leases resulting in a decrease in property value and an inability to sell property. (http://www.tompkins- o.org/tccog/Gas_Drilling/Focus_Groups/LandValues_Assessment.html). *Resolution on Water Issue With Town of Ithaca AGREEMENT ON WATER BILLING AND WATER LOSS WITH THE TOWN OF ITHACA WHEREAS the Town Board of the Town of Ithaca and the Town Board of the Town of Ulysses entered into an agreement to share water service for Ulysses Water District Number 3 and Town of Ithaca residences in the Woolf Lane area on October 30, 2003 and WHEREAS there has been disagreement since 2003 over the exact amount of water used in each municipality and WHEREAS there has been disagreement with the Town of Ithaca since 2004 over billings for water delivered to the Town of Ulysses and WHEREAS the Town of Ithaca Director of Public Works, previous Budget Officer and Supervisor investigated the matter thoroughly and exhausted the supply of information relative to the matter, as did the Town of Ulysses Supervisor, Bookkeeper and Water Maintenance and Distribution Operator, and WHEREAS the Town Board has reviewed the background information summarizing the situation and options (document written by Supervisor Marino, attached) NOW THEREFORE BE IT RESOLVED that the Town of Ulysses agrees to pay the Town of Ithaca $21,254.46 in full payment for any unpaid water billing balance since 2004 and FURTHER RESOLVED that upon payment of $21,254.46 the Town of Ulysses agrees in principle with amending the 2003 water agreement such that the Town of Ithaca will pay for water loss in the Woolf Lane area of the Town of Ithaca associated with routine operation of the distribution system, with the specific cost methodology to be negotiated by a subcommittee consisting of the Supervisors and other Town Board, staff or advisory committee members as designated by the Supervisors, and appointed as soon as possible after this and the Town of Ithaca resolutions are adopted and FURTHER RESOLVED that with the agreements on past billing and water loss as detailed in the Resolved sections above, the Town of Ulysses hereby rescinds intentions to construct a two-way water meter in collaboration with the Town of Ithaca. Special Town Board Meeting 8/25/2011 *Approval of Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of the Regular Town Board meeting of August 10, 2011, as corrected. *2011 MS4 Annual Report for Stormwater BE IT RESOLVED that the Town Board of the Town of Ulysses approve the 2011 MS4 Annual Report for Stormwater. * Approve the Cleaning Contract to hire Melanie Steverson BE IT RESOLVED that the Town Board of the Town of Ulysses approve the contract to hire Melanie Steverson-Jarvis for the cleaning position at a price of $643 monthly. Further Resolve that the Town Clerk’s office will be the liaison for the cleaning person. Special Town Board Meeting 9/08/2011 *Approve the Purchase of the 2000 Volvo BE IT RESOLVED that the Town Board of the Town of Ulysses approve the purchase of the 2000 Volvo single-action truck with plow equipment, dump box/spreader unit from the Town of Ithaca in the amount of $20,000. *Resolution To Resolve Provision Of Emergency Management Services With The Village Of Trumansburg For The Year 2012 RESOLUTION TO RESOLVE PROVISION OF EMERGENCY MANAGEMENT SERVICES WITH THE VILLAGE OF TRUMANSBURG FOR THE YEAR 2012 WHEREAS the Village of Trumansburg severed the ambulance service from the Fire Protection District (FPD) as of as of April 11, 2011 and created the new Trumansburg Emergency Medical Services Department (TEMSD); and WHEREAS on June 13, 2011 the Village of Trumansburg adopted an EMS Billing Policy requiring all patients within the Village limits to be billed for emergency medical services in order to reduce the amount of municipal funding needed to run the TEMSD; and WHEREAS the above changes to the Village of Trumansburg EMS service and the timing of the above actions and subsequent availability of information necessary to form an Ambulance District under the procedures of Town Law did not allow the Town of Ulysses the option of creating an Ambulance District with an ad valorem tax levy to pay for an EMS contract in 2012, and WHEREAS this leaves the Town of Ulysses with the following, limited options for EMS service in the 2012 budget year: a) Contract with the Village (TEMSD) for Town-wide service which by NYS law must include the Village, and would require the following: The Town to accept the current policies and charges with no official way to amend them as all agree will be necessary over the coming 1 – 2 years, OR the Village to agree formally to work with the Town in a cooperative and meaningful way to develop a shared decision-making structure to review and amend the policies and charges, which the two municipalities have thus far not been able to negotiate, and A change from 2011 in distribution of financing of the EMS with taxes such that the total tax rate to Town residents (outside the Village) residents would increase by ~11 % for 2012. Funds for a Town-wide contract can only be raised in the General Fund, resulting in a large overall increase in the town-wide tax levy. This would require a local Town law to override the newly enacted NYS tax cap law. b) Request that the Village structure provision of EMS in two ways for 2012, and provide an ambulance service as part of the Fire District Protection District in addition to the TEMSD, as proposed by the TEMSD attorney Brad Pinsky (8/29/11 meeting) as feasible. The Town (outside the Village) could then contract for both EMS and fire protection in 2012 as part of the Fire Protection District, as is currently done. With this option: Taxes for Town (outside the Village) residents would stay relatively level for 2012, as the cost would be raised with an ad valorem FPD tax as in 2011. Patients receiving ambulance service originating in the Village would be billed for ambulance service by the TEMSD in 2012; patients receiving service originating in the Town of Ulysses would not. c) Take no action, with the following consequences: There would be no contract for EMS services in the Town (outside the Village), and as such no taxes raised for EMS in 2012. Residents would still call 911 in emergencies, and the closest available in-service ambulance would be dispatched; all patients would be charged for the service at the billing rates of the provider. Service in the northern part of Ulysses will likely be negatively affected, due to longer response times. The Village (and any other Towns contracting with the TEMSD) would need to pay more for EMS in 2012 and the long-term sustainability of the TEMSD could be jeopardized, as the Town of Ulysses contract currently supports 48% of the EMS budget. Town taxes would go down for 2012, but then jump up in 2013 if an Ambulance District is formed, or if option (a) above is enacted. And WHEREAS the Ulysses Town Board believes strongly that it is in the best interest of the residents of the Town including the Village to negotiate and enter into agreements for municipal cooperation and provision of shared services to maintain the quality and availability of services within the property tax cap constraints and as resources available to municipalities shrink in times of financial stress, and WHEREAS New York State government encourages such inter-municipal cooperation and provides specific mechanisms in General Municipal Law for municipalities to adopt agreements to share services, resources, and the associated costs, BE IT THEREFORE RESOLVED that the Ulysses Town Board finds that the most feasible and best overall option for providing ambulance service to town residents for 2012 is (b) above, in conjunction with establishing an Intermunicipal Managing Cooperative and working toward implementation of a billing policy to offset future costs to taxpayers. As such, the TOWN OF ULYSSES REQUESTS THAT the Village of Trumansburg work with the TEMSD attorney to provide a draft contract and cost to the Town for combined ambulance and fire protection services in the Fire Protection District for FY 2012. Due to NYS legal requirements and the timing constraints of the Town budgeting process, the Town Board needs the contract and cost information by September 27th at the latest for inclusion into the Tentative budget, and by October 17th for consideration of inclusion in the preliminary and final budgets. BE IT FURTHER RESOLVED THAT the Ulysses Town Board requests that the Village of Trumansburg amend its Inter-Municipal Managing Cooperative Policy for TEMSD (adopted by the Village Board 8/15/2011) for contracting municipalities to the text stated below or other mutually agreed upon language that incorporates the intent of shared responsibility and decision- making, and that the Village inform the Town of their decision in this matter at the time of presentation of a 2012 contract for consideration. An inter-municipal managing cooperative as proposed below will ensure that the voices of all of the population who fund and are served by this service are heard and will share the municipal burdens of maintaining this valuable community service. Further, it is a strong starting point towards a broader inter-municipal cooperation and cost-sharing agreement for provision of emergency services that will benefit the residents of the Town of Ulysses / Village of Trumansburg into the future. For 2013, the Town is committed to exploring options and details for forming an inter-municipal shared services agreement for EMS with the Village of Trumansburg that might include a town- wide contract or the establishment of an Ambulance District. Further, the Town commits to establishing a billing procedure for funding a portion of the EMS services and that meets NYS legal requirements. +++++++++++++++++++++++++++++++++++++++++++++++++++++++ INTER-MUNICIPAL MANAGING COOPERATIVE FOR BILLING POLICIES & GUIDELINES FOR THE TRUMANSBURG EMERGENCY MANAGEMENT SERVICES DEPARTMENT. The Inter-Municipal Managing Cooperative (hereafter “IMMC”) shall be an inter-municipal committee charged with reviewing and making recommendations on the billing policy, accounting policy, charity policies, fee schedules, and annual budget of the Trumansburg Emergency Management Services Department (TEMSD). Daily operational decisions and oversight of TEMSD performance will be maintained by the Village of Trumansburg. The IMMC will consist of representatives from each municipality as they contract with Trumansburg Emergency Management Service Department for service. Representation shall be determined by each municipality’s level of use of the Trumansburg TEMSD. The voting members of the IMMC (assuming continued participation of all 2011 municipalities) shall be: two members from the Village of Trumansburg Board, two members from the Town of Ulysses Board, and one member each from the Towns of Covert and Hector Boards, with advisory positions of the TEMSD Manager, Trumansburg Fire Company EMS Volunteer, and TEMSD Compliance Officer. All of the discussions and recommendations of the IMMC that address TEMSD policies and finances shall be open to the public. Discussions pertaining to individual patients or EMS staff will be confidential. Meetings will be recorded and minutes including decisions and a brief summary of IMMC discussions taken and maintained by the Village as a record. Recommendations to the Village Board will be made by majority vote of a quorum of the seated IMMC members. The rules of procedure of the Committee and the Committee Chair shall be decided by majority vote of the Committee. IMMC meetings will be held every 4 months, and additionally as determined by the IMMC as necessary. Duly passed recommendations of the IMMC will be adopted by the Village Board as policy unless overturned by a supermajority (4/5) vote of such Board, accompanied by a short statement of findings in support of the decision. Members serving on this IMMC have a serious role in determining the policies governing billing, fee schedules and charity policies of emergency services and as such will commit to reading and understanding all information and communications to adequately address issues surrounding emergency medical services as they arise. Regular Town Board Meeting 9/11/2011 *Approval of Claims/Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previously examined vouchers numbered 361 through 411 in the amount of $69,348.34. *Resolution Supporting A County-Wide Survey Of Residents About Broadband Internet RESOLUTION SUPPORTING A COUNTY-WIDE SURVEY OF RESIDENTS ABOUT BROADBAND INTERNET WHEREAS many residents of the Town of Ulysses have broadband access due to the proximity of Finger Lakes Technology Group, there are still areas in the southern portion of our town without an affordable high-speed connection to the internet; and WHEREAS not only is this a disadvantage to residents but also dampens the economic potential of small businesses located throughout our rural areas; and WHEREAS without finding a way to provide high-speed internet to all our residents, there will continue to be a digital divide within our communities. THEREFORE, BE IT RESOLVED that the Town Board of the Town of Ulysses supports a survey of town residents and businesses to determine the level of need for better internet accessibility options including the type of service currently available to residents, how well this service meets their needs, and what quality of service would be necessary for them to take advantage of technology features provided by the internet. *Introduction of: A Local Law To Override Tax Levy Limit Established In General Municipal Law §3-C LOCAL LAW # 3 OF 2011 TOWN OF ULYSSES, COUNTY OF TOMPKINS A local law to override the tax levy limit established in General Municipal Law §3-c Section 1. Legislative Intent It is the intent of this local law to allow the Town of Ulysses to adopt a budget for the fiscal year commencing 2012 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c. Section 2. Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law § 3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3. Tax Levy Limit Override The Town Board of the Town of Ulysses, County of Tompkins, is hereby authorized to adopt a budget for the fiscal year commencing 2012 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective Date This local law shall take effect immediately upon filing with the Secretary of State. Special Town Board Meeting 9/15/2011 *Presentation of Lakeshore Zoning Public Hearing 9/27/2011 Special Town Board Meeting 9/27/2011 * A Local Law # 3 Of 2011 To Override The Tax Levy Limit Established In General Municipal Law §3-C LOCAL LAW # 3 OF 2011 TOWN OF ULYSSES, COUNTY OF TOMPKINS A local law to override the tax levy limit established in General Municipal Law §3-c Section 1. Legislative Intent It is the intent of this local law to allow the Town of Ulysses to adopt a budget for the fiscal year commencing 2012 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c. Section 2. Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law § 3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3. Tax Levy Limit Override The Town Board of the Town of Ulysses, County of Tompkins, is hereby authorized to adopt a budget for the fiscal year commencing 2012 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective Date This local law shall take effect immediately upon filing with the Secretary of State. *Employees Contributing To Dental Insurance %50 BE IT RESOLVED that the Town Board of the Town of Ulysses approves that the employees and retirees of the Town of Ulysses will contribute 50% towards their dental/vision coverage. *Employees Contributing To Health Insurance 5% BE IT RESOLVED that the Town Board of the Town of Ulysses approves that the employees and retirees of the Town of Ulysses will contribute 5% towards their health insurance coverage. *No Pay Increases For Elected Officials BE IT RESOLVED that the Town Board of the Town of Ulysses approves that there will be no pay increases for elected officials in the 2012 budget. SPECIAL TOWN BOARD MEETING OCTOBER 3, 2011 *Pay Increases BE IT RESOLVED that the Town Board of the Town of Ulysses give elected officials 1% pay increase and non-elected officials 2% pay increase. REGULAR TOWN BOARD MEETING OCTOBER 10, 2011 *Budget Modifications 2011 Budget BE IT RESOLVED that the Town Board of the Town of Ulysses approves the following budget modifications for 2011: Increase A9055.8 Disability Insurance $300.00 Decrease A1910.4 Unallocated Insurance 300.00 Increase A7310.1 Youth Program PS 300.00 Decrease A7410.4 Library 300.00 Increase DA5130.2 Machinery EQ 10,000.00 Increase DA 599 App. Fund Balance 10,000.00 *Claims / Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous examined vouchers #’s 412 through 451 in the amount of $14,575.81. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of the Public Hearing of 9/27/2011, the Special Town Board meetings of 8/25/2011, 9/8/2011, 9/15/2011 and 9/27/2011 and the Regular Town Board meeting of 9/13/2011. *Contribution TCCOG sponsored DEC hearing BE IT RESOLVED that the Town Board of the Town of Ulysses contribute $300 to help defray costs of the TCCOG sponsored DEC hearing to hear comments for the Environmental Impact study. *Pay Increases/lump sum payment towards insurance BE IT RESOLVED that the Town Board of the Town of Ulysses give a 1% pay increase across the board and a lump sum payment of $150 to all insured employees. *Tentative Budget to Preliminary Budget BE IT RESOLVED that the Town Board of the Town of Ulysses moves the 2012 tentative budget to preliminary as amended in the previous resolution. *Resolution to Retract Drilling Regulations RESOLUTION TO ASK THE NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION OR NEW YORK STATE LEGISLATURE TO DELAY THE RELEASE OF HYDROFRACTURING REGULATIONS UNTIL AFTER THE REVISED DRAFT SUPPLEMENTAL GENERIC ENVIRONMENTAL IMPACT STATEMENT IS FINALIZED. WHEREAS the revised draft supplemental Generic Environmental Impact Statement (sGEIS) is currently under review; and WHEREAS the Department of Environmental Conservation concurrently released the proposed regulations that will govern high volume hydraulic fracturing for natural gas; and WHEREAS Towns, Villages, Cities, and Counties were unaware that both documents would be released at once and are taxed with the enormity of reviewing the 1000+-page sGEIS alone much less two lengthy and complex documents; and WHEREAS the Town Board of the Town of Ulysses feels it imperative that the revised sGEIS be properly finalized PRIOR to drafting regulations as the sGEIS should impact how the regulations are written. WHEREAS small rural municipalities in the center of the Utica and Marcellus Shale gas deposits are staffed sparingly and have little to no support to help them address the additional work required for these types of reviews. THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses requests that either the DEC Commissioner or the New York State Legislature require the DEC to release the draft regulations governing high volume hydraulic fracturing AFTER the sGEIS is finalized in order to allow time for municipalities to properly absorb the vast amounts of information and respond accordingly. SPECIAL TOWN BOARD MEETING OCTOBER 25. 2011 *Alter 2012 Budget Cayuga Lake Scenic Byway BE IT RESOLVED that the Town Board of the Town of Ulysses alter the 2012 budget to make a new expenditure line of $500 to include the Cayuga Lake Scenic Byway Geocache Trail. FURTHER RESOLVE that this expense be funded from the contingency account being reduced by $500. *Executive session BE IT RESOLVED that the Town Board of the Town of Ulysses adjourn to Executive Session to discuss a legal matter with Attorney Geldenhuys. *Engage firm for Amicus Brief BE IT RESOLVED that the Town Board of the Town of Ulysses engage the firm of Whiteman, Osterman & Hanna LLP to prepare an amicus brief for submission in Anschutz Exploration Corporation vs Town of Dryden lawsuit, working in cooperation and consultation with the Town of Ulysses’s attorney. The Board approves payment of a retainer of $1,000 and hourly fees in excess of that amount as needed to prepare and submit the brief. SPECIAL TOWN BOARD MEETING NOVEMBER 3, 2011 *Adoption of 2012 Budget BE IT RESOLVED that the Town Board of the Town of Ulysses adopts the Preliminary Budget version 2 as presented at the November 3, 2011 meeting as the 2012 Town of Ulysses Budget (attached with these minutes). SPECIAL TOWN BOARD MEETING NOVEMBER 8, 2011 *Amicus Curiae Brief RESOLUTION AUTHORIZING (1) AN APPLICATION TO REQUEST AMICUS CURIAE STATUS IN THE MATTER OF COOPERSTOWN HOLSTEIN CORPORATION V. TOWN OF MIDDLEFIELD AND (2) ENTERING INTO A RETAINER AGREEMENT FOR THIS PURPOSE WITH LEGAL COUNSEL WHEREAS, the Town Board of the Town of Ulysses (hereafter “Town Board”) retained the law firm of Whiteman, Osterman and Hanna to prepare and submit an amicus curiae brief in the matter of Anschutz Exploration Corp. v. Town of Dryden; and WHEREAS, a motion for summary judgment has been filed in the matter of Cooperstown Holstein Corporation v. Town of Middlefield (Otsego County Index No. 20110930) and is returnable on November 18, 2011; and WHEREAS, the outcome of the Middlefield case is important to the Town of Ulysses, in light of its adoption of Local Law no. ___ of 2011, which clarifies that natural gas exploration, natural gas extraction and the storage, transfer, treatment or disposal of natural gas exploration and production wastes is prohibited in the Town of Ulysses; NOW, THEREFORE, BE IT RESOLVED that the Town Board will seek amicus curiae status in the matter of Holstein Corporation v. Town of Middlefield and seek consent of the court to submit an amicus curiae brief; and be it further RESOLVED that the Town Board will retain Whiteman, Osterman and Hanna to provide legal services to the Town in connection with the preparation and submission of the amicus curiae brief; and be it further RESOLVED that the Supervisor or a Deputy Supervisor is hereby authorized to sign the retainer letter with Whiteman, Osterman and Hanna for such legal representation and services. REGULAR TOWN BOARD MEETING NOVEMBER 16, 2011 *Budget Modifications for 2011 BE IT RESOLVED that the Town Board of the Town of Ulysses approves the following budget modifications for 2011. *Claims / Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approve payment of vouchers #452 to #502 for a total of $86,240.45. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of 10/03/11 Budget Meeting and the 10/11/11 Regular Meeting as written by Ms. Georgia and edited by Ms. Poelvoorde. *Appointment to EMC BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Lucia Tyler to the EMC for 2012. *Winterfest Contribution BE IT RESOLVED that the Town Board of the Town of Ulysses approves allocation of $3,000 for the 2011 Winterfest event. *Executive Session Ms. Marino moved, seconded by Mr. Romer to adjourn to Executive Session. Board voted unanimously to adjoin at 9:50 p.m. SPECIAL TOWN BOARD MEETING DECEMBER 5, 2011 *Holiday Gathering BE IT RESOLVED that the Town Board of the Town of Ulysses approves to pay for sandwiches and dinners for the employee’s at the Holiday Party. *Reject EMS Service from Village of Trumansburg BE IT RESOLVED that the Town Board of the Town of Ulysses rejects the contract for Emergency Management Services as presented by the Village of Trumansburg dated 12/02/11. REGULAR TOWN BOARD MEETING DECEMBER 13, 2011 **2011 Budget Modifications BE IT RESOLVED that the Town Board of the Town of Ulysses approves the following 2011 Budget modifications. A Fund 1220.12 Dep Supervisor PS increase $ 1,800.00 1420.4 Attorney CE increase $ 14,000.00 1620.4 Town Hall EQ increase $ 500.00 1650.4 Central Comm CE increase $ 1,000.00 7310.1 Youth Prog PS increase $ 20.00 $ 17,320.00 1220.4 Supervisor CE decrease $ 4,000.00 1101.1 Admin Asst PS decrease $ 5,000.00 9010.8 NYS Retirement decrease $ 1,985.00 $ 10,985.00 Revenue line 599 Approp Fund Balance increase $ 6,335.00 $ 17,320.00 B Fund B3620.1 Safety Insp PS increase $ 4,500.00 B1420.4 Attorney CE increase $ 13,000.00 $ 17,500.00 B8020.1 Planner PS decrease $ 10,500.00 B8021.4 Planner CE decrease $ 1,000.00 B3620.2 Dep Safety Insp PS decrease $ 3,000.00 B9010.8 NYS Retirement decrease $ 3,000.00 $ 17,500.00 DB Fund 9010 NYS Retirement increase $ 1,675.00 5110.4 Highway Maint CE decrease $ 1,675.00 Water Funds SW3 9030.83 Social Security increase $ 200.00 SW3 8340.2 WD3 Trans/Dist EQ decrease $ 200.00 **Approving Claims/Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previously examined vouchers numbered 507 through 550 in the amount of $31,315.87. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of the Special Town Board Meetings of October 25, 2011 and November 8, 2011 as edited. **EMS / Fire Agreement 2012 BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the Agreement with the Village of Trumansburg for Fire and Ambulance service for 2012 with clarification on section 7. and move to present the agreement at a Public Hearing on December 19 2011. **Town of Ithaca Water Agreement Amendment BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the agreement with the Town of Ithaca, with corrections, to equitably distribute the cost of water loss in the lines serving the Town of Ulysses District 3. TOWN OF ULYSSES FOR ULYSSES WATER DISTRICT NUMBER 3 WHEREAS the Town Board of the Town of Ithaca and the Town Board of the Town of Ulysses entered into an agreement to share water service for Ulysses Water District Number 3 and Town of Ithaca residences in the Woolf Lane area on October 30, 2003 and WHEREAS there was disagreement since 2003 over the exact amount of water used in each municipality and 2004 over billings for water delivered to the Town of Ulysses and WHEREAS when all water use and billing issues were resolved in August, 2011 it was mutually agreed that the two towns would determine a formula for calculating water loss in the Woolf Lane area of the Town of Ithaca for reimbursing the Town of Ulysses for such loss NOW THEREFORE BE IT RESOLVED that both towns agree that the formula for water loss developed by the American Water Works Association as follows is mutually acceptable: L=SD(P).5/133,200 L – allowable leakage, in gallons per hour S – length of pipe, in feet D – nominal diameter of the pipe, in inches P – average operating pressure of 100 PSI in Ulysses and 115 PSI in Ithaca and FURTHER RESOLVED that using the American Water Works Association formula results in current percentages of water lost: 83 will be the responsibility of Ulysses and 17 the responsibility for Ithaca and FURTHER RESOLVED that Section 6 of the Water Service Agreement of 2003 is amended by adding the following: “Not withstanding the preceding the Town of Ithaca agrees to reimburse the Town of Ulysses annually an amount equal to 16.3 percent of the unaccounted for water loss based on the American Water Works Association formula as follows L=SD(P).5/133,200 L – allowable leakage, in gallons per hour S – length of pipe, in feet D – nominal diameter of the pipe, in inches P – average operating pressure of 100 PSI in Ulysses and 115 PSI in Ithaca with adjustments made on a yearly basis should any calculation component change.” As an example the 2011 calculations are: TOU L = 45,990 x 10 x (100).5 / 133,200 L = 34.53 gal/hr (multiply by 24 hrs/day x 90 days/qtr) Loss = 74585 gallons/qtr TOI L = 9,100 x 10 x (115).5 / 133,200 L = 7.33 gal/hr Loss = 15,824 gal/qtr Total loss = 361636 gal/yr Water loss (also termed “unaccounted for water”) will be calculated as the difference between the total metered water volume billed to the Town of Ulysses by the Town of Ithaca and the total of Ulysses metered usage (including all authorized sales to users outside water district 3 and a metered volume of water from hydrant flushing required to address water quality in dead end lines, water main breaks and meter failures). The Town of Ulysses will provide the quarterly billing totals for all metered use in Ulysses to the Town of Ithaca in a spreadsheet report, along with a confirmation of the total metered volume billed to the Town of Ulysses by the Town of Ithaca and a calculation of the quarterly water loss. Quarterly tracking of the water loss will help alert both municipalities to potential problems that may need attention. The Town of Ulysses will send the Town of Ithaca an invoice once per year for the total amount due from the Town of Ithaca for the previous four billing quarters, in January. Each town also agrees to conduct an annual check of its system to find any leaks or other causes of lost water and to report the results to the other town. PUBLIC HEARING / SPECIAL TOWN BOARD MEETING DECEMBER 19, 2011 **Fire & Rescue Squad Protection agreement with Village of Trumansburg BE IT RESOLVED that the Town Board of the Town of Ulysses approves the Fire and Rescue Squad Protection contract between the Town of Ulysses and the Village of Trumansburg as presented at this meeting. ***Comments/Cover letter on HVHF Regulations BE IT RESOLVED that the Town Board of the Town of Ulysses approves the cover letter and comments on HVHF regulations as presented on December 19, 2011 by Ms. Thomas. ** Comments/Cover letter on SGEIS BE IT RESOLVED that the Town Board of the Town of Ulysses approves the cover letter and the dSGEIS comments on the impact of oil, gas and solution mining as presented on December 19, 2011 by Ms. Thomas. **Excepting quotes for Insurance BE IT RESOLVED that the Town Board of the Town of Ulysses approves accepting the quote from E.C. Cooper for insurance coverage for 2012. **Solar Lease Program Whereas the Buffalo, NY-based vendor and lessor Solar Liberty is offering a 15 year Municipal Solar Lease Program to install and maintain solar electric systems on qualified buildings owned by New York State Municipalities, and Whereas the terms of said lease guaranty that the energy savings achieved by the Town with the solar panel systems on the Town Hall roof and the Town Barn roof will cover or exceed the cost of the annual lease, and Whereas the projected net energy cost savings to the Town after payment of $2676 per year for the two leases is estimated at $1900 per year, or $28500 over the 15 year lease, and Whereas Tompkins County has also researched and considered this opportunity and has decided to enter into al ease agreement with Solar Liberty, and the County has shared their findings and positive recommendations with Ulysses, and Whereas this solar panel investment opportunity will save the Town taxpayers money and supports the Town’s goal of reducing greenhouse gas emissions from fossil fuels and promotes the use of cleaner, renewable sources of energy, Be it Resolved that the Ulysses Town Board hereby authorizes Supervisor Roxanne Marino to sign all the necessary documents to enter into a 15 year lease with Solar Liberty for a 24.4 kW solar panel system on the Town Barn and an 18.5 kW solar panel system on the Town Hall, pending final acceptance of the contract details by the Supervisor in consultation with the town’s attorney. ***Appointments Planning Board/Zoning Board BE IT RESOLVED that the Town Board of the Town of Ulysses approves the reappointment of Mr. Andy Glasner to the Board of Zoning Appeals and Mr. Stan Beames to the Planning Board. ***Pre-tax Medical Benefits Package (125 Plan) BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Mary Bouchard, Town Bookkeeper, to establish a Pre-tax Medical Benefits Package (125 Plan) according to the IRS guidelines.