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Home My WebLink About2016 Index of Resolutions1 INDEX OF 2016 RESOLUTIONS Contents INDEX OF 2016 RESOLUTIONS ........................................................................................................................... 1 JANUARY 7TH, 2016 ORGANIZATIONAL TOWN BOARD MEETING .................................................................... 8 *Resolution 2016-1: Dates Of Meetings ........................................................................................................ 8 *Resolution 2016-2: Media ............................................................................................................................ 8 *Resolution 2016-3: Minutes ......................................................................................................................... 8 *Resolution 2016-4: Mileage ......................................................................................................................... 9 *Resolution 2016-5: Petty Cash .................................................................................................................... 9 *Resolution 2016-6: Crime Coverage ............................................................................................................. 9 *Resolution 2016-7: Financial Report........................................................................................................... 10 *Resolution 2016-8: Financial Reconciliations .............................................................................................. 10 *Resolution 2016-9: Financial Institutions .................................................................................................... 11 *Resolution 2016-10: Financial Audit ........................................................................................................... 11 *Resolution 2016-11: Procurement Policy................................................................................................... 12 *Resolution 2016-12: Establishment Of Pay Periods And Salaries ................................................................ 12 *Resolution 2016-13: Pay Rates .................................................................................................................. 13 *Resolution 2016-14: Time Records ............................................................................................................. 14 *Resolution 2016-15: Town Board Member Liaisons .................................................................................... 15 *Resolution 2016-16: Town Board Appointments ........................................................................................ 15 *Resolution 2016-17: Planning Board And Board Of Zoning Appeals ............................................................ 17 *Resolution 2016-18: Attorney .................................................................................................................... 18 *Resolution 2016-19: Information Tech Services ......................................................................................... 18 *Resolution 2016-20: Cleaning.................................................................................................................... 19 *Resolution 2016-21: Maintenance ............................................................................................................ 19 *Resolution 2016-22: Policies - General ....................................................................................................... 19 *Resolution 2016-23: Americans With Disabilities Act (ADA) .................................................................... 20 *Resolution 2016-24: Records Access Officer ............................................................................................... 20 *Resolution 2016-25: Gifts .......................................................................................................................... 20 *Resolution 2016-26: Approval Of The Medicare Plan ................................................................................. 21 *Resolution 2016-27: Highway- Shared Service Agreements ........................................................................ 21 *Resolution 2016-28: Payment Of Contracts ................................................................................................ 22 *Resolution 2016-29: Approval Of 2016 Fee Schedule ................................................................................ 23 *Resolution 2016-30: Mandatory Justice Schooling ..................................................................................... 25 2 *Resolution 2016-31: Vehicle Benefit: ......................................................................................................... 25 *Resolution 2016-32: Distribution Of Minutes ............................................................................................. 25 *Resolution 2016-33: Appointment Of Highway Superintendent ................................................................. 26 JANUARY 12TH, 2016 REGULAR TOWN BOARD MEETING .............................................................................. 26 *Resolution 2016-34: Approval Of Meeting Agenda ..................................................................................... 26 *Resolution 2016-34: Finish Organizational Meeting Resolutions ................................................................ 26 *Resolution 2016-35: Authorization Of Stormwater Contract ...................................................................... 27 *Resolution 2016-36: Pay Rate For Acting Highway Superintendent ............................................................ 27 *Resolution 2016-37: Pay Rate For Deputy Highway Superintendent ........................................................... 28 *Resolution 2016-38: Cell Phone Reimbursement For Code Enforcement And Highway Departments ......... 28 *Resolution 2016-39: Memorandum Of Understanding With The Youth Program ........................................ 29 *Resolution 2016-40: Budget Modifications ................................................................................................ 29 *Resolution 2016-41: Approval Of Claims .................................................................................................... 31 *Resolution 2016-42: Ems And Fire Building Representative ........................................................................ 32 *Resolution 2016-43: Appointing Planning Board ........................................................................................ 32 JANUARY 26TH, REGULAR TOWN BOARD MEETING....................................................................................... 32 *Resolution 2016-45: Approval Of Meeting Agenda ..................................................................................... 32 *Resolution 2016-46: Declaring Surplus Equipment ..................................................................................... 33 *Resolution 2016-47: Appointment Of Delegate To The Association Of Towns Meeting .............................. 33 *Resolution 2016-48: Reappointment Of BZA Member ................................................................................ 33 *Resolution 2016-51: Approval Of Minutes 12/8, 12/14PH, 12/14, 1/7 ORG, 1/12 ....................................... 34 FEBRUARY 9th, REGULAR TOWN BOARD MEETING ...................................................................................... 34 *Resolution 2016-52: Approval Of Meeting Agenda ..................................................................................... 34 *Resolution 2016-53: Declaring Water Truck As Surplus Equipment ............................................................ 34 *Resolution 2016-54: Changing Meeting Dates ............................................................................................ 35 *Resolution 2016-55: Intermunicipal Agreement For The Village Water Transmission Line On Falls Rd. ....... 35 *Resolution 2016-56: Authorization To Contract With Geologic For Esa Phase I Assessment ........................ 35 *Resolution 2016-57: Approval Of Minutes ................................................................................................. 36 *Resolution 2016-58: Approval Of Claims .................................................................................................... 36 FEBRUARY 23RD, 2016: REGULAR TOWN BOARD MEETING ........................................................................... 36 *Resolution 2016-59: Approval Of Meeting Agenda ..................................................................................... 36 *Resolution 2016-60: Authorization To Sign Letter Of Intent To Purchase Highway Equipment .................... 37 *Resolution 2016-61: Introduce Local Law Providing For The Abolition Of The Elected Position Of Town Clerk And Creation Of The Appointed Position Of Town Clerk Of The Town Of Ulysses ......................................... 37 *Resolution 2016-62: Introduce Local Law Providing For The Abolition Of The Elected Position Of Town Highway Superintendent And Creation Of The Appointed Position Of Highway Superintendent Of The Town Of Ulysses .................................................................................................................................................... 38 3 *Resolution 2016-63: Appointment Of Planning Board Members ................................................................ 40 *Resolution 2016-64: Amending The Fee Schedule For 2016 ....................................................................... 40 *Resolution 2016-65: Authorization To Sign Agreement With Exxonmobil Oil Corporation For Town Access To Jacksonville Properties ............................................................................................................................ 41 *Resolution 2016-66: Support Of The Living Wage As The Minimum Wage Across New York State .............. 42 MARCH 8TH, 2016: REGULAR TOWN BOARD MEETING ................................................................................ 43 *Resolution 2016-67: Approval Of Meeting Agenda ..................................................................................... 43 *Resolution 2016-68: Adopting Local Law #1 Of 2016 To Provide For The Abolition Of The Elected Position Of Town Clerk And Creation Of The Appointed Position Of Town Clerk Of The Town Of Ulysses ....................... 43 *Resolution 2016-68: ................................................................................................................................... 44 *Resolution 2016-69: Authorizing Use Of Funds From The Town Of Ulysses Capital Equipment Reserve Fund Da878 To Purchase Highway Maintenance And Construction Equipment In 2016 ........................................ 44 *Resolution 2016-70: Approval Of Minutes ................................................................................................. 45 *Resolution 2016-71: Approval Of Claims .................................................................................................... 46 MARCH 29TH, 2016: REGULAR TOWN BOARD MEETING .............................................................................. 46 *Resolution 2016-72: Approval Of Meeting Agenda ..................................................................................... 46 *Resolution 2016-73: Provisional Approval of Income Survey Proposal ........................................................ 46 *Resolution 2016-74: Amendment To Building Fees .................................................................................... 47 *Resolution 2016-75: Authorization Of Deputy Town Clerk As Signer On Clerk Bank Accounts ..................... 47 *Resolution 2016-76: Approval Of Minutes 3/1 STB, 3/8 TB, 3/17 STB ......................................................... 48 *Resolution 2016-77: Approval Of Minutes 3/8 PIM .................................................................................... 48 *Resolution 2016-78: Approval Of Minutes 3/8 PH ...................................................................................... 48 *Resolution 2016-79: Approval Of Minutes 3/8 TB ...................................................................................... 49 *Resolution 2016-80: Approval Of Minutes 3/17 STB ................................................................................... 49 APRIL 12TH, 2016: REGULAR TOWN BOARD MEETING ................................................................................. 49 *Resolution 2016-81: Approval Of Meeting Agenda ..................................................................................... 49 *Resolution 2016-82: Authorizing A Contract For A Survey Of Median Household Incomes In Jacksonville... 50 *Resolution 2016-83: Authorizing Use Of Funds From The Town Of Ulysses Capital Reserve Fund B878 For The Construction Of Sidewalk For The Safe Routes To School Grant ............................................................. 50 *Resolution 2016-84: Establishing An Agricultural Committee ..................................................................... 51 *Resolution 2016-85: Special Court Projects ................................................................................................ 51 *Resolution 2016-86: Approval Of Minutes ................................................................................................. 52 *Resolution 2016-87: Approval Of Claims .................................................................................................... 52 *Resolution 2016-88: Mechanic Pay ............................................................................................................ 52 APRIL 26TH, 2016: REGULAR TOWN BOARD MEETING ................................................................................. 52 *Resolution 2016-89: Approval of Meeting Agenda ..................................................................................... 53 *Resolution 2016-90: Authorizing An Aerator In The Town Of Ithaca Tank ................................................... 53 4 *Resolution 2016-91: Setting Pay For New Highway Department Employee ................................................ 54 *Resolution 2016-92: Establishing The Position Of Water-Sewer Maintenance Worker ............................... 54 *Resolution 2016-93: Sidewalk Recommendations For Route 96 ................................................................. 54 *Resolution 2016-94: Creation Of Conservation And Sustainability Advisory Council ................................... 55 *Resolution_2016-95: Appointment Of Roxanne Marino As Chair Of The Conservation And Sustainability Advisory Council .......................................................................................................................................... 56 *Resolution 2016-96: Approval Of Minutes ................................................................................................. 56 MAY 10TH, 2016: REGULAR TOWN BOARD MEETING .................................................................................. 56 *Resolution 2016-97: Approval Of Meeting Agenda ..................................................................................... 56 *Resolution 2016-98: Town Board Liaison To Ag Committee........................................................................ 57 *Resolution 2016-99: Acceptance Of Bid For Vehicle For Town Vehicle........................................................ 57 *Resolution 2016-100: Approval Of Minutes: 4/25, 4/26 ............................................................................. 57 *Resolution 2016-101: Budget Modifications............................................................................................... 58 *Resolution 2016-101a: Approval Of Claims ................................................................................................ 58 MAY 24TH, 2016: REGULAR TOWN BOARD MEETING .................................................................................. 59 *Resolution 2016-102: Approval of Meeting Agenda ................................................................................... 59 *Resolution 2016-103: Appointment Of Members To The Sustainability/Conservation Council .................... 59 *Resolution 2016-104: Declaration Of Surplus Equipment ........................................................................... 59 *Resolution 2016-105: Appointment Of Sara Worden To The Planning Board .............................................. 60 *Resolution 2016-106: Approval Of Minutes................................................................................................ 60 *Resolution 2016-107: Approval Of Voucher/Claim ..................................................................................... 60 JUNE 14TH, 2016: REGULAR TOWN BOARD MEETING .................................................................................. 61 *Resolution 2016-108: Approval Of Meeting Agenda ................................................................................... 61 *Resolution 2016-109: Approval Of Claims .................................................................................................. 61 *Resolution 2016-110: Membership Terms For Agricultural Committee Members....................................... 61 *Resolution 2016-111: Introducing The Proposed Local Law To Amend Chapter 80 Of The Code Of The Town Of Ulysses .................................................................................................................................................... 62 *Resolution 2016-112: Scheduling A Public Hearing On The Proposed Amendment Of Chapter 80 Of The Code Of The Town Of Ulysses ...................................................................................................................... 63 *Resolution 2016-113: Add A New Member To The Sustainability And Conservation Advisory Council ........ 63 *Resolution 2016-114: Approval Of Minutes ................................................................................................ 64 *Resolution 2016-115: Budget Modifications ............................................................................................... 64 *Resolution 2016-116: Authorization To Negotiate With The Exxon Mobil Oil Corporation .......................... 64 *Resolution 2016-117: Salo Drive Land Acquisition ...................................................................................... 65 JUNE 28TH, 2016: REGULAR TOWN BOARD MEETING .................................................................................. 66 *Resolution 2016-118: Approval Of Meeting Agenda ................................................................................... 66 *Resolution 2016-119: Approval Of Meeting Agenda ................................................................................... 66 5 *Resolution 2016-120: Intermunicipal Agreement With Trumansburg For Shared Employee ....................... 66 *Resolution 2016-121: Adopting Local Law #1 Of 2016- A Local Law To Amend Chapter 80 Of The Code Of The Town Of Ulysses (“The Code”), Which Provides For The Administration And Enforcement Of The New York State Uniform Fire Prevention And Building Code, The New York State Energy Conservation Construction Code And The Property Maintenance Code Of New York. ....................................................... 67 *Resolution 2016-122: Approval Of Minutes: 6/14 ...................................................................................... 68 *Resolution 2016-123: Salary Increase For Code Enforcement Officer ......................................................... 68 JULY 12TH, 2016: REGULAR TOWN BOARD MEETING ................................................................................... 68 *Resolution 2016-124: Approval Of Meeting Agenda ................................................................................... 68 *Resolution 2016-125: Budget Modifications............................................................................................... 69 *Resolution 2016-126: Approval Of Claims .................................................................................................. 69 *Resolution 2016-127: MRB Contract Approval For Water District 3 Resubmission Of Funding Application . 69 *Resolution 2016-128: Potential Land Acquisition SEQR .............................................................................. 70 *Resolution 2016-129: Resolution Regarding Tompkins Residential Energy Score Program And Implementation Plan ................................................................................................................................... 70 *Resolution 2016-130: Cancelling The August 23, 2016 Meeting.................................................................. 71 *Resolution 2016-131: Authorizing Town Hall Sidewalk Grant Application ................................................... 72 *Resolution 2016-132: Reaffirming The Comprehensive Plan ...................................................................... 72 *Resolution 2016-133: Authorizing Snow And Ice Removal Agreement........................................................ 73 *Resolution 2016-134: Increase In Pay For Highway Employee .................................................................... 73 *Resolution 2016-135: Approval Of Minutes: 6/28 ...................................................................................... 74 JULY 26tH, 2016: REGULAR TOWN BOARD MEETING ................................................................................... 74 *Resolution 2016-136: Approval Of Meeting Agenda .................................................................................. 74 *Resolution 2016-137: Approval Of Consultant For Glare Study As Requested By The Planning Board ......... 75 *Resolution 2016-138: Scheduling A Public Hearing And Public Information Session For Local Law No. 2 Of 2016: A Local Law Providing For The Abolition Of The Elected Position Of Highway Superintendent And The Creation Of The Appointed Position Of Highway Superintendent Of The Town Of Ulysses ........................... 75 *Resolution 2016-139: Scheduling A Public Hearing And Public Information Session For Local Law No. 3 Of 2016: A Local Law Providing For The Abolition Of The Elected Position Of Town Clerk And The Creation Of The Appointed Position Of Town Clerk Of The Town Of Ulysses ................................................................... 76 *Resolution 2016-140: Local Law No. 4 Of 2016—Override The Tax Levy Limit Established In General Municipal Law §3- C..................................................................................................................................... 78 Resolution 2016-141: Changing Code Enforcement Pay From Hourly To Salary ............................................ 78 *Resolution 2016-142: Approval Of Minutes: 7/12/16 ................................................................................. 79 AUGUST 9TH, 2016: REGULAR TOWN BOARD MEETING ............................................................................... 79 *Resolution 2016-143: Approval Of Meeting Agenda ................................................................................... 79 *Resolution 2016-144: Consideration Of Adoption Of Local Law No. 2 Of 2016: A Local Law Providing For The Abolition Of The Elected Position Of Highway Superintendent And The Creation Of The Appointed Position Of Highway Superintendent Of The Town Of Ulysses ................................................................................... 79 6 *Resolution 2016-145: Consideration Of Adoption Of Local Law No. Local Law No. 3 Of 2016--A Local Law Providing For The Abolition Of The Elected Position Of Town Clerk And Creation Of The Appointed Position Of Town Clerk Of The Town Of Ulysses ........................................................................................................ 81 *Resolution 2016-146: Local Law No. 4 Of 2016—Override The Tax Levy Limit Established In General Municipal Law §3- C..................................................................................................................................... 83 *Resolution 2016-147-: In Support Of Tompkins Consolidated Area Transit, Inc. .......................................... 84 *Resolution 2016-148: Approval Of Minutes: 7/26 ...................................................................................... 85 *Resolution 2016-149: Budget Modifications............................................................................................... 85 *Resolution 2016-150: Approval Of Claims .................................................................................................. 86 SEPTEMBER 13TH, 2016: REGULAR TOWN BOARD MEETING ....................................................................... 87 *Resolution 2016-151: Approval Of Meeting Agenda ................................................................................... 87 *Resolution 2016-152: Resolution Directing Election On Adoption Of Local Laws......................................... 87 *Resolution 2016-153: Solar Taxation Policy To Require A Pilot For Solar Projects ....................................... 88 *Resolution 2016-154: Town Of Ulysses Resolution To Participate In New York State Department Of Environmental Conservation’s “Climate Smart Communities” Initiative. ...................................................... 88 *Resolution 2016-155: Considering Water District 4 Loan Satisfied .............................................................. 89 *Resolution 2016-156: Appointment Of Code/Fire Inspector ....................................................................... 90 *Resolution 2016-157: Approval Of Minutes: 8/9 PH For Tax Levy, 8/9 PIM, 8/9 STB, 8/9 PH, 8/9 TB ........... 90 *Resolution 2016-158: Approval Of Claims .................................................................................................. 90 SEPTEMBER 27TH, 2016: REGULAR TOWN BOARD MEETING ....................................................................... 90 *Resolution 2016-159: Approval Of Meeting Agenda ................................................................................... 90 *Resolution 2016-160: Authorizing the Supervisor to Sign a Contract With MRB to Complete The NEPA Report for the USDA Grant .......................................................................................................................... 91 *Resolution 2016-161: Authorizing Application for Funding to the United States Department Of Agriculture’s (USDA) Rural Development Funding Program .............................................................................................. 91 *Resolution 2016-162: Approval Of Minutes: 9/13/16 ................................................................................. 92 OCTOBER 11th, 2016: REGULAR TOWN BOARD MEETING ............................................................................ 92 *Resolution 2016-163: Approval Of Meeting Agenda ................................................................................... 92 *Resolution 2016-164: Resolution to Adopt the Preliminary Budget For 2017.............................................. 92 *Resolution 2016-165: Cancelling the 10/13 Meeting .................................................................................. 93 *Resolution 2016-166: Relevy of Delinquent Water Fees ............................................................................. 93 *Resolution 2016-167: Changing the Time of ohe 11/8 Meeting .................................................................. 94 *Resolution 2016-168: Approval Of Minutes: 9/27, 9/28, 9/29, 10/6 ........................................................... 94 *Resolution 2016-169: Approval of Claims ................................................................................................... 94 OCTOBER 25th, 2016: REGULAR TOWN BOARD MEETING ............................................................................ 94 *Resolution 2016-170: Approval of Meeting Agenda ................................................................................... 94 *Resolution 2016-171: Declaring the Intent to be Lead Agency .................................................................... 95 7 *Resolution 2016-172: Authorizing the Cost of Preparation of a Map, Plan and Report Regarding the Establishment of Water District No. 5 on Falls Road ..................................................................................... 95 *Resolution 2016-173: Adopt the Preliminary Budget for 2017 .................................................................... 96 *Resolution 2016-174: Approval of Minutes: 10/11/16 ................................................................................ 97 *Resolution 2016-175: Authorized Representative For Rural Development Grant – Thomas ........................ 97 *Resolution 2016-176: Authorized Representative for Rural Development Grant – Wright .......................... 97 *Resolution 2016-177: Authorized Representative for Rural Development Grant – Davis ............................ 98 *Resolution 2016-178: Authorized Representative for Rural Development Grant – Mckenna ...................... 98 *Resolution 2016-179: Budget Modifications............................................................................................... 99 *Personnel Policy Amendments (Two Motions) ........................................................................................... 99 NOVEMBER 8th, 2016: REGULAR TOWN BOARD MEETING ........................................................................ 100 *Resolution 2016-180: Approval of Meeting Agenda ................................................................................. 100 *Resolution 2016-181: Appointment of Elizabeth Meg Williams to Youth Commission .............................. 100 *Resolution 2016-182: Resolution to Amend the Personnel Policy ............................................................. 101 *Resolution 2016-183: Setting a Joint Public Hearing for the Fire Contract ................................................ 101 *Resolution 2016-184: Approval of Minutes: 10/25 PH, 10/25 TB .............................................................. 102 *Resolution 2016-185: Budget Modifications............................................................................................. 102 *Resolution 2016-186: Approval of Claims ................................................................................................. 102 NOVEMBER 22th, 2016: REGULAR TOWN BOARD MEETING....................................................................... 103 *Resolution 2016-187: Approval of Meeting Agenda ................................................................................. 103 *Resolution 2016-188: Personnel Policy Update ........................................................................................ 103 *Resolution 2016-189: Fire Contract Approval ........................................................................................... 103 *Resolution 2016-190: EMS Contract Approval .......................................................................................... 104 *Resolution 2016-191: Resolution Approving Execution of Out-Of-District Water User Agreement for Water District #3 .................................................................................................................................................. 105 *Resolution 2016-192: Approval of Minutes: 11/8/16................................................................................ 106 DECEMBER 13th, 2016: REGULAR TOWN BOARD MEETING ....................................................................... 106 *Resolution 2016-193: Approval of Meeting Agenda ................................................................................. 106 *Resolution 2016-194: SEQR Resolution Designating Town of Ulysses as Lead Agency ............................... 106 *Resolution 2016-195: SEQR Resolution Determination of Environmental Significance .............................. 107 *Resolution 2016-196: Police Contract with The Village of Trumansburg ................................................... 107 *Resolution 2016-197: Setting the Organizational Meeting Date ............................................................... 108 *Resolution 2016-198: Cancelling the Second Town Board Meeting in December ...................................... 108 *Resolution 2016-199: Consider Worker’s Compensation Insurance Quotes .............................................. 108 *Resolution 2016-200: Approval Of Minutes: 11/22 Ph, 11/22 Stb, 11/22 Tb ............................................. 109 *Resolution 2016-201: Approval of Claims ................................................................................................. 109 8 JANUARY 7TH, 2016 ORGANIZATIONAL TOWN BOARD MEETING *Resolution 2016-1: Dates Of Meetings BE IT RESOLVED, the Regular Monthly Board meetings of the Ulysses Town Board will be held on the second Tuesday of each month at 7:00 p.m. at the Ulysses Town Hall at 10 Elm Street, Trumansburg, NY. A second monthly meeting will be held on the 4th Tuesday of each month at 7:00 p.m. Moved: Mr. Hertzler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-2: 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. Moved: Mr. Hertzler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-3: Minutes BE IT RESOLVED, Draft minutes of the Town Board meetings will be produced by the Town Clerk within 14 days of the date of the meeting and sent to Town Board members for approval. FURTHER RESOLVED in accordance with the Open Meetings Law, draft meeting minutes, clearly labeled with the date and “DRAFT, not yet approved” will be available to the public through the Town Clerk’s Office, but not posted on the web site until approved by the Town Board. 9 Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-4: Mileage BE IT RESOLVED mileage at a rate of $0.54 cents per mile, based on the IRS standard mileage rate, 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. Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-5: Petty Cash BE IT RESOLVED that the Town Clerk and the Court Clerk’s petty cash funds are each $300 for 2016. Moved: Ms. Zahler Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-6: Crime Coverage BE IT RESOLVED that the following crime coverage through NYMIR for Town officials, appointees and employees is hereby approved: Money inside premises $100,000 ($1,000 deductible) 10 Money outside premises $100,000 ($1,000 deductible) Forgery and alteration $100,000 ($1,000 deductible) Employee Theft - Per Loss $50,000 ($2,500 deductible) Excess Coverage: Deputy Supervisor $650,000 Supervisor $650,000 Tax Collector/Town Clerk $650,000 Includes Faithful Performance Moved: Ms. Zahler Seconded: Mr. Goldman Discussion: The board discussed whether the Deputy Clerk and Court Clerk are or should be included. Ms. Thomas plans to find out. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-7: Financial Report BE IT RESOLVED that an annual financial report be presented to the Town Clerk within 30 days of the end of the fiscal year as required by Town Law Section 29(10). In lieu of the financial report, the Supervisor is hereby authorized to submit to the Town Clerk, within 60 days after the close of the fiscal year, a copy of the annual update document (AUD) 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 AUD is extended 60 days by the State Comptroller, the Supervisor’s time for filing a copy of the AUD with the Town Clerk is extended for a like period. Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-8: Financial Reconciliations 11 BE IT RESOLVED the Town follow the 2013 recommendation of auditor Ciaschi, Dietershagen, Little, Mickleson and Company and have the Supervisor or Bookkeeper review the reconciliation of the Town Clerk’s bank statements and the Town Clerk’s office review the reconciliation of the Supervisor’s bank statements in order to safeguard the town’s finances. Moved: Mr. Goldman Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-9: Financial Institutions 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 and approved by the Town Board during the year and revised as necessary. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-10: Financial Audit BE IT RESOLVED that the Town Board of Ulysses will contract with Ciaschi, Dietershagen, Little, Mickleson and Company to perform an audit of the 2015 financials. This audit is tentatively scheduled in April 2016. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye 12 Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-11: Procurement Policy BE IT RESOLVED that the Town Procurement policy as adopted on November 17, 2010 is the ruling document for purchases. Moved: Ms. Zahler Seconded: Mr. Goldman Discussion- Mr. Hertzler inquired whether this policy was appropriate for highway purchases. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-12: Establishment Of Pay Periods And Salaries BE IT RESOLVED the Town Board hereby establishes the following payroll periods: Bi-weekly: Town Supervisor, 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 Annually: Historian, Planning Board, Board of Zoning Appeals Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 13 *Resolution 2016-13: Pay Rates BE IT RESOLVED that the Town Board hereby establishes the following pay rates for employees and elected officials in 2016. If necessary to appoint a new employee or replace an elected official during the year of 2016, the Town Board will establish a salary commensurate with the experience and availability of funds: Position 2016 Budgeted Appropriation Hourly rate if applicable Town Board Supervisor $17,186 - Budget Officer $15,895 - Second Deputy Supervisor $20,894 $20.50 Bookkeeper $16,416 $20.50 Councilperson $4,369 each - Clerk Town Clerk $50,998 - Deputy Town Clerk $16,640 $16 Court Town Justice $16,931 each - Court Clerk $41,281 - Planning, Zoning, Building Enforcement Officer for Building Code Up to $32,195 $20.00 Deputy Enforcement Officer Up to $15,000 $19.18 Zoning Officer $28,656 - Planner $28,656 - Planning and Zoning Clerk $5,900 $16.32 Planning and BZA Chairs $200 each Planning and BZA Members $100 each Highway Highway Superintendent Up to $62,492 - Deputy Highway Superintendent multiple budget lines $23.28 Highway Machine Equipment Operator multiple budget lines $18.39 - $20.49 Highway Laborer multiple budget lines $13.70 Water Water Dist. & Maint. Operator Trainee $15,137 $19.41 Water District Laborer $2,000 $19.41 History Historian $1500 - Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye 14 Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-14: Time Records BE IT RESOLVED all hourly employees shall turn in a Town of Ulysses time card by the end of the last day of the pay period. Salaried employees, and elected officials wishing to participate in the town’s benefits programs, shall report time used for vacation, sick time, holiday or other time off on a Town of Ulysses time card to maintain accurate records of benefit time used. No pay will be issued without a time card that has been signed by the employee and employee’s supervisor and submitted to the Bookkeeper. If the employee is submitting electronically to the Bookkeeper, the Department Head / Employee Supervisor must give electronic approval as part of the time card submission. Salaried and hourly employees (non-elected) should use this time card to submit sick, vacation, holiday and personal time off. It is the responsibility of the employee’s supervisor to assure the time card is accurate. FURTHER RESOLVED that to maintain accountability of all employees who work for the town, and to clarify supervisory roles, the following listing specifies employee supervisors. Each employee supervisor is responsible for approving time cards (if required), vacation, personal, sick days and compensation time used by each employee. Time off for each employee must be reported to Bookkeeper who will maintain records. Elected officials must have the Town Supervisor or other Town Board member sign their time card. Employee Employee Supervisor Deputy Supervisor Town Supervisor Bookkeeper Town Supervisor Deputy Town Clerk Town Clerk Court Clerk Town Justices Enforcement Officer for Building Code Town Supervisor Deputy Enforcement Officer Enforcement Officer Zoning Officer/Planner Town Supervisor Planning and Zoning Clerk Zoning Officer/Planner Deputy Highway Superintendent Highway Superintendent Highway Machine Equip. Operators Highway Superintendent Highway Laborer Highway Superintendent Water Dist. & Maint. Operator Highway Superintendent Water District Laborer Water Dist. and Maintenance Operator Moved: Mr. Goldman Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye 15 Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-15: Town Board Member Liaisons BE IT RESOLVED that the Town Board makes the following liaison appointments and requests that each appointee report to the Town Board at least annually: 2015 2016 Highway Department Mr. Kerness Mr. Boggs Personnel Mr. Kerness Ms. Thomas Planning Board and Board of Zoning Appeals Mr. Goldman, Mr. Kerness (rotating) Mr. Goldman, Ms. Zahler (alternate) Fire Department Mr. Hertzler Mr. Hertzler Town Court Mr. Kerness Ms. Thomas Trumansburg Ulysses Youth Commission Ms. Zahler Ms. Zahler Village EMS & EMS Billing Oversight Committee Ms. Zahler, Mr. Hertzler Mr. Boggs, Ms. Zahler Joint Sidewalk Committee Ms. Thomas, Ms. Wright Ms. Thomas, Ms. Wright Zoning Update Committee Ms. Zahler, Ms. Thomas Agricultural Committee - Town Hall Maintenance - Mr. Boggs Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-16: Town Board Appointments BE IT RESOLVED that the Town Board makes the following appointments and request that each appointee report to the Town Board at least annually: 2015 2016 Trumansburg Village Board of Trustees Ms. Zahler Ms. Zahler Health Insurance Consortium Board Ms. Zahler Mr. Hertzler, Ms. Zahler (alternate) County and other Emergency Management Ms. Wright Ms. Wright Planning Board Chairperson John Wertis David Blake 16 Board of Zoning Appeals Chairperson George Tselekis George Tselekis Clerk for Planning Board & Board of Zoning Appeals Louis DiPietro Louis DiPietro Board of Assessment Review C. Thompson, David Means C. Thompson, David Means Tompkins County Environmental Management Council Mr. Hertzler Mr. Hertzler Tompkins County Water Resources Council (WRC) Bill George & Darby Kiley Bill George & Darby Kiley Tompkins County Stormwater Coalition Darby Kiley Darby Kiley Stormwater Officer Darby Kiley Darby Kiley Trumansburg Ulysses Youth Commission Reps Sharon Bilotta, Andrea Murray Sharon Bilotta, Heidi Dawes Recreation Partnership representative Durand VanDoren Durand VanDoren Tompkins County Youth Services Board (vacant) (vacant) Ithaca/Tompkins County Transportation Council Planning Committee Darby Kiley Darby Kiley Tompkins County Council of Governments Ms. Thomas & Ms. Zahler (alternate) Ms. Thomas & Ms. Zahler (alternate) Tompkins County Area Development (vacant) Mr. Goldman Fair Board liaison Mr. Hertzler Mr. Hertzler Historian John Wertis John Wertis TTHM Working Group Ms. Zahler, Ms. Thomas Stan Seltzer, Ann DiPetta, Diane Hillmann, Ms. Thomas, Mr. Boggs Tompkins County Animal Control Ms. Thomas Ms. Thomas Cayuga Lake Water Shed Intermu. Org. Darby Kiley Mr. Boggs, Darby Kiley Chamber of Commerce Ms. Zahler/ Mr. Goldman (alternate) Ms. Zahler/ Mr. Goldman (alternate) Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 Amended 1/12/16 17 *Resolution 2016-17: Planning Board And Board Of Zoning Appeals BE IT RESOLVED that the Town Board has appointed the following Planning Board and Board of Zoning Appeals with staggered annual appointments. Members whose terms expire in 2015 may be either replaced or reappointed. The following members being reappointed for 2016: ZONING BOARD OF APPEALS (5 year terms) Name/phone/email Address Date Appointed Date of Oath Term Expiration GEORGE TSELEKIS, Chair Phone: 272-1808 GTSELEK1@twcny.rr.com 1575 Trumansburg Road Ithaca, NY 14850 1/3/2013 2/16/2013 12/31/2017 ROBERT HOWARTH Phone: 387-3318 howarth@cornell.edu 4124 Reynolds road Trumansburg NY 14886 1/7/2015 2/18/2015 12/31/2019 STEPHEN MORREALE Phone: 387-3816 Sjm11@cornell.edu 5360 Pine Ridge Road Trumansburg NY 14886 12/9/2014 1/28/2015 12/31/2020 DAVID MEANS Phone: 387-5011 popmeans@yahoo.com 26 Prospect St. Trumansburg NY 14886 12/9/2014 6/4/2014 12/31/2016 ANDREW HILLMAN Phone: 351-7085 andrew.hillman@davey.com 3315 Swamp College Road Trumansburg NY 14886 1/28/2015 2/6/2015 12/31/2018 CHERYL THOMPSON (alternate) Phone: 387-4123 cherylthompsonarchitect@gmail.com 3112 Perry City Road Trumansburg NY 14886 12/9/2014 12/17/2014 12/31/2016 PLANNING BOARD (5 year term) JOHN WERTIS Phone : 387- 4331 BWWFarmtoday@aol.com 8144 Searsburg Rd. Trumansburg, NY 14886 12/9/2014 1/8/2015 12/31/2019 PETE ANGIE Phone : 274-5308 Peteangie5342@yahoo.com 3188 Swamp College Rd. Trumansburg, NY 14886 2/8/2011 2/2011 12/31/2020 DAVID DIAZ Phone : 220-3046 Dmdiaz73@hotmail.com 35 Elm St., Apt. 2 Trumansburg NY 14886 12/9/2015 12/15/2014 12/31/2017 DAVID BLAKE Phone : 387-5428 Davidblake73@gmail.com 2057 Trumansburg Rd Trumansburg NY 14886 5/13/2014 5/14/2014 12/31/2016 REBECCA SCHNEIDER Phone : (607)387-3816 rls11@cornell.edu 5630 Pine Ridge Rd Trumansburg, NY 14886 9/1/2015 9/1/2015 12/31/2018 ALTERNATE (vacant) 12/31/2016 LOUIS DIPIETRO (Clerk) Phone: (716)307-2096 Dipietro.louis@gmail.com 88 W. Main St. Trumansburg NY 14886 11/12/2014 11/25/2014 12/31/2016 18 Darby Kiley, Environmental Planner/Zoning Officer Ulysses.planner@gmail.com N/A N/A N/A Moved: Mr. Goldman Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-18: Attorney 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 2016 Addendum to Retainer Agreement which sets hourly fees for billing at $200 (Attorney) and $130, (Paralegals) is adopted. All other provisions for the 2009 Retainer Agreement shall remain in full force and effect subject to revision. Further Resolved that the Town Board authorizes the Town Supervisor to sign the Addendum to the Retainer Agreement for 2016. Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-19: Information Tech Services BE IT RESOLVED that the Town Board authorizes the Town Supervisor to sign the Information Technologies 2016 contract with Jeff Burns at the rate of $45/hour. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent 19 Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-20: Cleaning Be it resolved that the Town of Ulysses enter into a cleaning contract between the Town of Ulysses and Radhika “Vanessa” Zavatski for the purpose of cleaning the town hall on a weekly basis for a period from January 1st through December 31st in the amount of $440 per month. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-21: Maintenance BE IT RESOLVED that the Town Board authorizes the Town Supervisor to sign the Town Hall maintenance contract with Mainstay Builders, LLC at a rate of $42.50/hour for carpentry and $65/hour for mechanicals as specified in the 2016 contract. Moved: Mr. Goldman Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-22: Policies - General 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 and these documents shall be also be maintained on the internal part of the town website. Each employee or elected official shall sign the Code of Ethics form within a month of taking office to document that they have reviewed and understand the policy. Moved: Mr. Goldman Seconded: Ms. Zahler 20 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-23: Americans With Disabilities Act (ADA) BE IT RESOLVED any individual having any special needs and wishing to attend a meeting advise the Town Clerk of the special requirements at least one week prior to the meeting. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-24: Records Access Officer BE IT RESOLVED that the Town of Ulysses appoints the Town Clerk, Carissa Parlato as Records Access Officer with the backup Records Access Officer of Sarah Koski. Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-25: Gifts 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 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. 21 Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-26: Approval Of The Medicare Plan WHEREAS the Town of Ulysses Personnel Policy states that Medicare eligible employees and retirees may be entitled to a Medicare Supplemental plan AND WHEREAS the Town Board will determine that plan on an annual basis THEREFORE BE IT RESOLVED that the Town Board names Excellus Medicare Blue PPO Small Group Option 2 (PPO) as the plan for the 2016 year. Moved: Ms. Thomas Seconded: Ms. Zahler Discussion- Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-27: Highway- Shared Service Agreements 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. 22 Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-28: Payment Of Contracts WHEREAS the Town Board has budgeted funds for services, therefore be it RESOLVED, that the Town Board authorizes the Town Supervisor to sign contracts and make payments in 2016 for the following services Entity Estimated Contract Amount for 2016 Contract not to Exceed Amount for 2016 Tompkins County Animal Control $18,134 $19,000 Gadabout $2,000 $2,500 Foodnet $2,250 $2,500 Trumansburg Senior Citizens $850 $850 Ulysses Philomathic Library $14,000 $14,000 Tompkins County Recreation Partnership $7,124 $8,000 Ulysses Historical Society $700 $750 Community Science Institute $5,832 $6000 American Legion (Assistance for Veterans) $475 $500 Cooperative Extension (Youth Programming) $45,491 $46,000 Lifelong $1000 Trumansburg Conservatory of Fine Arts $1,500 $1,500 Williamson Law – Accounting Software $998 $1,200 Williamson Law Book- Tax Glance software program $125 Up to $200 BAS software annual agreement for water billing and clerk program $485 Up to $525 Landscaping Up to $2,500 Town Hall – Plumbing, electric and heating (As needed) Stormwater Coalition $900 $1000 Winterfest $1,000 $1,000 Mohawk Valley GIS $13,000 Cemetery Mowing $2,700 $3,000 Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye 23 Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-29: Approval Of 2016 Fee Schedule RESOLVED that the Town Board approves the following fees for 2016: PLANNING & ZONING: ZONING: reference Development District $250 + costs Res. 2007-36 Re-zoning $250 + costs Res. 2007-36 BOARD OF ZONING APPEALS: reference Variance $150. (includes legal ad) LL 2 of 2015 PLANNING BOARD: reference Subdivison- Simple $50.00 Res. 2007-36 Subdivison- Minor (3 lots) $150.00 Res. 2007-36 Subdivison- Major (4 or more lots) $300.00 Res. 2007-36 Site Plan Review- Residential $100 + costs LL 2 of 2015 Site Plan Review- Commercial $200. + costs LL 2 of 2015 Site Plan requiring Special Permit $250.00 LL 2 of 2015 OTHER PLANNING & ZONING: reference SWPPP Review 3 $100+ engineering and Soil & Water Conservation Service Fees Res. 2007-36 Copies of Comprehensive Plan, Zoning Local Law, Farmland Protection Plan, etc. $25/copy LL 2 of 2015 SWPPP Review 3 $100+ engineering and Soil & Water Conservation Service Fees Res. 2007-36 BUILDING/CODE: OPERATING PERMITS fee reference Operating Permit $75.00 LL 2 of 2015 Fireworks display $150.00 Res. 8/18/10 Special Event Operating Permit $50.00 LL 1 of 2010 BUILDING PERMITS fee reference 1 & 2 Family Residences: $.30/sq ft LL 2 of 2015 Multiple dwelling/Multi-residential $225 + $3/K Res. 2007-36 Commercial bldgs., bridges, tanks, and towers $425 + $4/K Res. 2007-36 Alterations, renovations, additions $75 + 3/K LL 2 of 2015 Accessory Building $55 + $3/K Res. 2007-36 Solar, wind or alt. energy permit- RESIDENTIAL $75.00 LL 3 of 2015 Solar, wind or alt. energy permit- COMMERCIAL $75 + 3/K LL 3 of 2015 Pool, in ground $75.00 LL 2 of 2015 Pool, above ground $55.00 LL 2 of 2015 Sign permit $50.00 LL 2 of 2015 Woodstove or heating unit $50.00 LL 2 of 2015 Demolition $2/K ($65 min) Res. 2007-36 CLERK: 24 DOG FEES: reference Dog license/renewal (spayed/neutered) $13.50 Res. 12/14/10 (LL3 of 2010) Dog license/renewal (not spayed/neutered) $20.50 Res. 12/14/10 (LL3 of 2010) New dog tag $3.00 Res. 12/14/10 (LL3 of 2010) Purebred license (5-20 purebred dogs) $100.00 Res. 12/14/10 (LL3 of 2010) Purebred license (21 or more purebred dogs) $200.00 Res. 12/14/10 (LL3 of 2010) Dog impoundment fee $30.00 Res. 12/14/10 (LL3 of 2010) Dog enumeration fee $5.00 Res. 12/14/10 (LL3 of 2010) OTHER FEES: reference Certified Copy of Marriage Certificate $10.00 set by NYS Marriage license $40.00 LL1 of 1980 Games of Chance license $50.00 set by NYS Hunting Licenses (varies by license) set by NYS Handicap Parking no fee set by NYS Returned check fee $20.00 The maximum allowed by NYS WATER: PERMITS: reference Plumbing permit (up to 5 inspections) $240.00 LL 2 of 2015 New contractor registration $15.00 Res. 9/15/03 TAPS: 3/4" Main tap (Standard household tap) $183.00 LL 2 of 2015 >3/4" main tap current cost + 2 hrs. labor LL 2 of 2015 METERS: Meter: 3/4" local (Std. household) $108. + 1 hr. labor LL 2 of 2015 Meter: pit type $128. + 1 hr. labor LL 2 of 2015 Meter: pit type >3/4" current cost + 2 hrs. labor LL 2 of 2015 Frosted meter replacement cost of meter + 1 hr. labor LL 2 of 2015 BACKFLOW/CROSS CONNECTION: reference Annual backflow admin fee $32/first device; $16/add. Based on contract with Bolton Point Backflow application review $80.00 Res. 9/15/03 Backflow certification inspection $72.00 Based on contract with Bolton Point Backflow Inspection $72.00 Res. 2007-36 WATER SALES: reference Water sales $6.55/1000 gallons Based on Town of Ithaca’s water price Bulk water sales from facility $6.55/1000 gallons Based on Town of Ithaca’s water price Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 25 *Resolution 2016-30: Mandatory Justice Schooling RESOLVED, that the Justices be authorized to attend training schools during the year and will be reimbursed for approved expenses. Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-31: Vehicle Benefit: RESOLVED, that because the Highway Superintendent and Water District Operator are on call 24 hours a day, seven days a week, the Ulysses Town Board authorizes the use of town vehicles for travel to and from work, provided they are not used for more than incidental personal use. Mileage should be submitted to the Town Clerk annually. Moved: Ms. Zahler Seconded: Mr. goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 *Resolution 2016-32: Distribution Of Minutes RESOLVED that a certified version of the Organizational Meeting minutes be distributed to all employees and elected officials upon completion. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 26 *Resolution 2016-33: Appointment Of Highway Superintendent RESOLVED that the Ulysses Town Board appoints Dave Reynolds as the Acting Highway Superintendent, effective Jan. 1, until the reorganization of the highway department is completed. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/16 JANUARY 12TH, 2016 REGULAR TOWN BOARD MEETING *Resolution 2016-34: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for January 12, 2016 with the removal of OPEN DEVELOPMENT DISTRICTS and ADMINISTRATIVE ASSISTANT FOR HIGHWAY and the addition of MEMORANDIUM OF UNDERSTANDING WITH YOUTH PROGRAM, APPOINTING PLANNING BOARD MEMBER, and EMS FIRE CONSTRUCTION PROJECT REPRESENTATIVE Moved: Ms. Thomas Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/12/16 *Resolution 2016-34: Finish Organizational Meeting Resolutions BE IT RESOLVED that the U lysses Town Board appoints David Blake as the Planning Board Chair for 2016. Discussion: Ms. Thomas thanked John Wertis for his years of service. Mr. Blake is ready to step into the chair position. Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye 27 Mr. Goldman aye Vote: 5-0 Date Adopted: 1/12/16 *Resolution 2016-35: Authorization Of Stormwater Contract RESOLVED that the Town Board of the Town of Ulysses authorizes the Town Supervisor to enter into the annual contract with the Tompkins County Soil and Water Conservation District for services related to stormwater management. Moved: Mr. Goldman Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/12/16 *Resolution 2016-36: Pay Rate For Acting Highway Superintendent WHEREAS David Reynolds was appointed as the Acting Highway Superintendent on 1/7/2016 and, WHEREAS there is an increased level of duties and responsibilities for the position of Highway Superintendent over his previous position. THEREFORE BE IT RESOLVED that the Ulysses Town Board establishes a salary of $52,296.19 for the newly appointed Acting Highway Superintendent for the period of time he serves in this position. Moved: Ms. Thomas. Seconded: Mr. Goldman Discussion: Mr. Reynolds said that with overtime his last year’s salary was $50k, and he has made as much as $55K with overtime. Mr. Goldman asked if he would rather be salaried or hourly. Mr. Reynolds said that he prefers salary because it is a hassle to punch in/out/ keep track of hours during busy times. Town Board members agreed the position should be salaried. Mr. Goldman made a friendly amendment to the motion to set the pay for Acting Highway Superintendent at $56,000. seconded Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/12/16 28 *Resolution 2016-37: Pay Rate For Deputy Highway Superintendent WHEREAS Chris Stevenson was appointed as Deputy Highway Superintendent by the acting Highway Superintendent and, WHEREAS there is an increased level of duties and responsibilities for the position of Deputy Highway Superintendent over his previous position. THEREFORE BE IT RESOLVED that the U lysses Town Board establishes an hourly rate of $20.96 for the Deputy Highway Superintendent for the time he serves in that position. Moved: Ms. Thomas Seconded: Ms. Zahler Mr. Boggs: When is the effective date for this new rate? Mr. Reynolds: January 1st, 2016 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/12/16 *Resolution 2016-38: Cell Phone Reimbursement For Code Enforcement And Highway Departments WHEREAS the Code/Fire Enforcement Officer and both the Highway Superintendent and Water District Operator are frequently out of their offices and away from their stationary phones during their regular duty hours, and WHEREAS carrying a cell phone is an important part of efficient communications and emergency response. THEREFORE BE IT RESOLVED that the Town of Ulysses hereby allows people who hold the positions of Code/Fire Enforcement Officer, Highway Superintendent, and Water District Operator to either Have and use a town-owned cell phone at the town’s expense which will only be used only for town purposes OR Be reimbursed for part of the cost of their personal cell phone at the rate of $40/month. RESOLVED that the Town Clerk will provide a copy of this resolution to each of the three people to whom this resolution refers. Moved: Ms. Thomas Seconded: Mr. Zahler Discussion: Ms. Zahler asked if there was anything already in the personnel policy about this. Ms. Thomas said that there was not a specific reimbursement plan referenced in the personnel policy. Mr. Reynolds said that he uses his cell phone for work very little but that might not be the case for other Highway workers. Mr. Boggs pointed out that if the personal phones were used for Town business, then they would be subject to FOIL. Ms. Thomas said that every employee would be made aware of that, and they could still choose to use a town cell phone. 29 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/12/16 *Resolution 2016-39: Memorandum Of Understanding With The Youth Program RESOLVED that the Town Board adopt the Memorandum of Understanding with the Youth Program with the updated date on the signature line. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler nay Mr. Boggs aye Mr. Goldman aye Vote: 4-1 Date Adopted: 1/12/16 *Resolution 2016-40: Budget Modifications BE IT RESOLVED that the Ulysses Town Board approve the budget modifications as follows: A FUND BUDGET MODIFICATIONS A1220.13 Budget Officer PS Increase $417 Incorrect proportion in accounting, end result balances A1220.1 Supervisor PS Decrease $417 Incorrect proportion in accounting, end result balances A1220.4 Supervisor CE Increase $246.60 Planned increase to this account line to cover costs associated with transition to new accounting system. A1220.11 Bookkeeper PS Decrease $246.60 Planned decrease to this account line to cover costs associated with transition to new accounting system. A1410.11 Deputy Town Clerk PS Increase $298.06 Increased cost associated with transition of new employee and unused vacation reimbursement of previous employee. A1410.4 Town Clerk CE Decrease $298.06 Sufficient funds available in this line. 30 A1460.4 Records Management CE Increase $219.57 Overage due to completion of General Code contract and travel expenses for 2016 A1410.4 Town Clerk CE Decrease $219.57 Sufficient funds available in this line. A5010.4 Highway Superintendent CE Increase $27.98 Minor overage A5132.4 Highway Barn CE Decrease $27.98 Sufficient funds available in this line. A7310.4 Youth Program CE Increase $8,856.76 This overage is due to the fact that an overlooked bill from 2014 was paid in 2015. A1990.4 A Fund Contingency Account Decrease $6,147.36 Using the rest of contingency to offset overage A Fund Balance Decrease $2,709.40 This overage was accounted for when estimating end of year fund balance for 2015 DA FUND BUDGET MODIFICATIONS DA5130.1 Machinery PS Increase $9,224.38 Overage on salary lines due to labor distribution DA5130.4 Machinery CE Decrease $9,224.38 Funds available in this line. DA5148.4 Snow Removal OG CE Increase $257.06 DA5148.4 Snow Removal OG PS Decrease $257.06 Funds available in this line. DA9030.8 Employee Benefits Social Security Increase $212.92 Likely due to overtime hours not estimated in the 2015 budget creation process. DA9040.8 Employee Benefits Workers Comp Decrease $212.92 Funds available in this line. DB FUND BUDGET MODIFICATIONS DB5110.1 Highway Maintenance PS Increase $82.85 Overage on this line. DB5110.4 Highway Maintenance CE Decrease $82.85 Funds available in this line. DB9030 Social Security Increase $227.47 31 Likely due to overtime hours not estimated in the 2015 budget creation process. DB9040 Workers Comp Decrease $93.80 Funds available in this line. SW3 FUND BUDGET MODIFICATIONS SW3 9030.83 Social Security Increase $172.25 Overage on this line. SW3 9040.83 Workers Comp Decrease $172.25 Funds available in this line. SW3 8340.4 WD3 Trans/Dist CE Increase $707.57 Overage on this line. SW3 8340.2 WD3 Trans/Dist EQ Decrease $707.57 Funds available in this line. SW3 8340.1 WD3 Laborer PS Increase $928.11 Overage on this line. SW3 8310.1 WD3 Administration PS Decrease $928.11 Funds available in this line. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/12/16 *Resolution 2016-41: Approval Of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims 470-495 (2015) to 1-41 (2016) in the amount of $224,869.79. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 32 Date Adopted: 1/12/16 *Resolution 2016-42: Ems And Fire Building Representative BE IT RESOLVED that Michael Boggs be the Town representative the EMS and Fire Hall Building Project Committee. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/12/16 *Resolution 2016-43: Appointing Planning Board BE IT RESOLVED that the Ulysses Town Board appoint David Tyler as the alternate member of the Ulysses Town Planning Board. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/12/16 JANUARY 26TH, REGULAR TOWN BOARD MEETING *Resolution 2016-45: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for Jan. 26, 2016 with the addition of: approval to dispose of surplus equipment; move the highway capital plan to the next item. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye 33 Vote: 5-0 Date Adopted: 1/26/16 *Resolution 2016-46: Declaring Surplus Equipment BE IT RESOLVED that the Ulysses Town Board declares that the following equipment belonging to the town is surplus and can be sent to auction, sold or disposed of by the Acting Highway Superintendent: 1991 John Deere Loader 644E- minimum accepted sale figure: $25,000 1996 Ford F350 Dump Truck-minimum accepted sale figure: $500 Bros. Roller (rubber tires)-minimum accepted sale figure: $2,000 Massey Ferguson steel drum roller-minimum accepted sale figure:$500 1991 White Autocar Cab-N-Chassis-minimum accepted sale figure: $1,500 Karcher pressure washer-minimum accepted sale figure: $100 Safe-minimum accepted sale figure: not specified Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/26/16 *Resolution 2016-47: Appointment Of Delegate To The Association Of Towns Meeting RESOLVED that the Ulysses Town Board approves Michelle E. Wright to be the delegate to the 2016 Association of Town’s annual meeting from February 14 to 17, 2016 RESOLVED that the Town Clerk will forward this resolution to the appropriate person at the Association of Towns, and further, RESOLVED that the Town Board will pay the travel and meal expenses for any town officer approved to attend this meeting. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/26/16 *Resolution 2016-48: Reappointment Of BZA Member RESOLVED that the Ulysses Town Board reappoints Steve Morreale for a 5-year term on the Town of Ulysses Board of Zoning Appeals with the term ending December 31, 2020. 34 Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/26/16 *Resolution 2016-51: Approval Of Minutes 12/8, 12/14PH, 12/14, 1/7 ORG, 1/12 BE IT RESOLVED that the Ulysses Town Board approve the minutes of 12/8, 12/14PH, 12/14, 1/7 ORG, 1/12 meeting as edited. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/26/16 FEBRUARY 9th, REGULAR TOWN BOARD MEETING *Resolution 2016-52: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for Feb.9, 2016 with the deletion of the resolutions to purchase a used truck and the appointment of a Planning Board member. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent (stepped away temporarily) Vote: 4-0 Date Adopted: 2/9/16 *Resolution 2016-53: Declaring Water Truck As Surplus Equipment BE IT RESOLVED that the Ulysses Town Board declares that the following equipment belonging to the town is surplus and can be sent to auction, sold or disposed of by the Acting Highway Superintendent: 2003 Chevrolet 1/2 ton pickup truck (minimum accepted sale figure: $2,500). Moved: Ms. Thomas Seconded: Mr. Goldman 35 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 2/9/16 *Resolution 2016-54: Changing Meeting Dates BE IT RESOLVED that the Ulysses Town Board move the March 22 meeting to March 29. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 2/9/16 *Resolution 2016-55: Intermunicipal Agreement For The Village Water Transmission Line On Falls Rd. RESOLVED that the Ulysses Town Board authorizes the Ulysses Town Supervisor to sign the Water Line Intermunicipal Agreement between the Town of Ulysses and the Village of Trumansburg. Moved: Ms. Thomas Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 2/9/16 *Resolution 2016-56: Authorization To Contract With Geologic For Esa Phase I Assessment WHEREAS, the Town of Ulysses is in discussion with the Exxon Mobil Oil Corporation about the status of the seven properties they own in Jacksonville and WHEREAS, the Town wants to exercise due diligence and learn more about the environmental properties of the parcels in Jacksonville to inform future discussions regarding the health, safety, and best interests of the Town and its residents, and WHEREAS, the Town does not have staff with the certifications needed to conduct a Phase I Assessment consistent with standards required by the Environmental Protection Agency, and WHEREAS, the Town solicited and reviewed two proposals from qualified firms with the specific expertise to conduct Phase I Assessments, now therefore be it 36 RESOLVED, the Supervisor of the Town of Ulysses is hereby authorized to contract with the environmental engineering firm of GeoLogic to conduct a Phase I Assessment for a cost not to exceed $3,000. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 2/9/16 *Resolution 2016-57: Approval Of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of Jan. 26, 2015. Moved: Ms. Zahler Seconded: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 2/9/16 *Resolution 2016-58: Approval Of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims #45-108 in the amount of $104,607.20. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 2/9/16 FEBRUARY 23RD, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-59: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for the February 23, 2016 Moved: Mr. Hertzler Seconded: Mr. Boggs Ms. Thomas aye 37 Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent Vote: 4-0 Date Adopted: 2/23/16 *Resolution 2016-60: Authorization To Sign Letter Of Intent To Purchase Highway Equipment RESOLVED that the Town Board of the Town of Ulysses authorizes the Town Supervisor to sign a letter of intent to purchase a 2003 Volvo VHD as recommended by Acting Ulysses Highway Superintendent Dave Reynolds for the price quoted on 2/23/16 of $105,000 by Burr Truck & Trailer Sales, Inc. Moved: Mr. Boggs Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent Vote: 4-0 Date Adopted: 2/23/16 *Resolution 2016-61: Introduce Local Law Providing For The Abolition Of The Elected Position Of Town Clerk And Creation Of The Appointed Position Of Town Clerk Of The Town Of Ulysses BE IT RESOLVED that the Town Board of the Town of Ulysses sets a Public Information Meeting and Public Hearing on Local Law #1 of 2016 Providing for the Abolition of the Elected Position of Town Clerk and Creation of the Appointed Position of Town Clerk of the Town of Ulysses for Tuesday, March 8, 2016 at 6:30pm and further, RESOLVED that the Town Clerk place notice of the Public Hearing and Public Information meeting in the newspaper and on the website. PROPOSED LOCAL LAW NO. 1-2016 TOWN OF ULYSSES, NEW YORK LOCAL LAW NO.1 OF THE YEAR 2016 A LOCAL LAW PROVIDING FOR THE ABOLITION OF THE ELECTED POSITION OF TOWN CLERK AND CREATION OF THE APPOINTED POSITION OF TOWN CLERK OF THE TOWN OF ULYSSES Be it enacted by the Town Board of the Town of Ulysses as follows: SECTION 1. This local law is enacted pursuant to Municipal Home Rule Law §§10, 22 and 23. This local law shall supersede any provisions of the Town Law of the State of New York to the contrary, including, but not limited to, Town Law §20 with respect to the method of selection of the Town Clerk in the Town of Ulysses, and any other provision of the Town Law providing for or referring to the creation of the elected position of Town Clerk. 38 SECTION 2. The elected position of the Town Clerk in the Town of Ulysses, New York is hereby abolished, effective January 1, 2019, following the expiration of the current elective term of office of the Town Clerk on December 31, 2018. The appointed position of Town Clerk of the Town of Ulysses, New York is hereby created, effective January 1, 2019. SECTION 3. Commencing January 1, 2019, the Town Clerk of the Town of Ulysses shall be the person appointed by the Town Board of the Town of Ulysses. SECTION 4. The appointed Town Clerk shall have such powers and shall perform such duties as are or hereafter may be conferred or imposed by law, and such further duties as the Town Board determines, consistent with applicable law. SECTION 5. This local law shall be subject to a mandatory referendum pursuant to the provisions of §23 of the Municipal Home Rule Law at a special election on May 24, 2016. SECTION 6. This local law shall supersede or repeal any prior inconsistent Local Law. SECTION 7. 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 8. This local law shall take effect upon the affirmative vote of a majority of the qualified electors voting thereon at such special election on May 24, 2016, and the filing with the Secretary of State in accordance with the applicable provisions of law. Moved: Ms. Thomas Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent Vote: 4-0 Date Adopted: 2/23/16 *Resolution 2016-62: Introduce Local Law Providing For The Abolition Of The Elected Position Of Town Highway Superintendent And Creation Of The Appointed Position Of Highway Superintendent Of The Town Of Ulysses BE IT RESOLVED that the Town Board of the Town of Ulysses sets a Public Information Meeting and Public Hearing on Local Law #2 of 2016 Providing for the Abolition of the Elected Position of Town Highway Superintendent and Creation of the Appointed Position of Town Highway Superintendent of the Town of Ulysses for Tuesday, March 8, 2016 at 6:30pm and further, RESOLVED that the Town Clerk place notice of the Public Hearing and Public Information meeting in the newspaper and on the website. 39 PROPOSED LOCAL LAW NO. 2-2016 A LOCAL LAW PROVIDING FOR THE ABOLITION OF THE ELECTED POSITION OF HIGHWAY SUPERINTENDENT AND THE CREATION OF THE APPOINTED POSITION OF HIGHWAY SUPERINTENDENT OF THE TOWN OF ULYSSES Be it enacted by the Town Board of the Town of Ulysses as follows: SECTION 1. This local law is enacted pursuant to Municipal Home Rule Law §§10, 22 and 23. This local law shall supersede any provisions of the Town Law of the State of New York to the contrary, including, but not limited to, Town Law §20 with respect to the method of selection of the Highway Superintendent in the Town of Ulysses, and any other provision of the Town Law or the Highway Law providing for or referring to the creation of the elected position of Highway Superintendent. SECTION 2. The elected position of the Highway Superintendent in the Town of Ulysses, New York is hereby abolished, effective July 1, 2016. The appointed position of Highway Superintendent in the Town of Ulysses, New York is hereby created, effective July 1, 2016. SECTION 3. Commencing July 1, 2016, the Highway Superintendent of the Town of Ulysses shall be the person appointed by the Town Board of the Town of Ulysses. SECTION 4. The appointed Highway Superintendent shall have such powers and shall perform such duties as are or hereafter may be conferred or imposed by law, and such further duties as the Town Board determines, consistent with applicable law. SECTION 5. This local law shall be subject to a mandatory referendum pursuant to the provisions of §23 of the Municipal Home Rule Law at a special election to be held on May 24, 2016. SECTION 6. This local law shall supersede or repeal any prior inconsistent Local Law. SECTION 7. 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 8. This local law shall take effect after the affirmative vote of a majority of the qualified electors voting thereon at such special election on May 24, 2016, and the filing with the Secretary of State in accordance with the applicable provisions of law, on July 1, 2016. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent Vote: 4-0 Date Adopted: 2/23/16 40 *Resolution 2016-63: Appointment Of Planning Board Members WHEREAS Pete Angie has resigned from the Planning Board leaving a vacancy, and WHEREAS David Tyler is serving as an alternate member of the Planning Board and willing to fill the unexpired term of Pete Angie. Now therefore be it RESOLVED that the Ulysses Town Board appoints David Tyler to the Planning Board to fill out the term of Pete Angie, expiring 12/31/2020 and further, RESOLVED that Sara Worden be appointed as the Planning Board Alternate with an annual appointment ending 12/31/2016, and further RESOLVED that the Town Clerk will notify the new members and arrange for them to take the oath of office. Moved: Ms. Zahler Seconded: Ms. Thomas Mr. Boggs asked if Mr. Tyler was a regular with the planning board and Ms. Thomas said that he had a long history with the planning board and was returning after a break. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent Vote: 4-0 Date Adopted: 2/23/16 *Resolution 2016-64: Amending The Fee Schedule For 2016 WHEREAS Local Law #2 of 2015, Chapter 80, Section 4 states the following: Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer. WHEREAS a fee for such building permit is absent from the 2016 fee schedule, and WHEREAS the Building Code Inspector has recommended changes to the 2016 fee schedule, therefore be it RESOLVED that the Town Board of the Town of Ulysses amend the fee schedule to include both a fee for an expiring building permit and also to amend the fee for swimming pools as follows: OPERATING PERMITS fee Reference Operating Permit $75.00 LL 2 of 2015 Fireworks display $150.00 Res. 8/18/10 Special Event Operating Permit $50.00 LL 1 of 2010 BUILDING PERMITS fee Reference 1 & 2 Family Residences: $.30/sq ft LL 2 of 2015 Multiple dwelling/Multi-residential $225 + $3/K Res. 2007-36 Commercial bldgs., bridges, tanks, and towers $425 + $4/K Res. 2007-36 Alterations, renovations, additions, pools $75 + 3/K LL 2 of 2015 Accessory Building $55 + $3/K Res. 2007-36 41 Building Permit Renewal Half the previous building permit fee ($75 minimum fee) LL 1 of 2007 Solar, wind or alt. energy permit- RESIDENTIAL $75.00 LL 3 of 2015 Solar, wind or alt. energy permit- COMMERCIAL $75 + 3/K LL 3 of 2015 Pool, in ground $75.00 LL 2 of 2015 Pool, above ground $55.00 LL 2 of 2015 Sign permit $50.00 LL 2 of 2015 Woodstove or heating unit $50.00 LL 2 of 2015 Demolition $2/K ($65 min) Res. 2007-36 Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent Vote: 4-0 Date Adopted: 2/23/16 *Resolution 2016-65: Authorization To Sign Agreement With Exxonmobil Oil Corporation For Town Access To Jacksonville Properties WHEREAS, the Town of Ulysses is in discussion with the ExxonMobil Oil Corporation (EMOC) regarding the status of properties in Jacksonville and Whereas, any consideration of possible conveyance of EMOC properties to the Town of Ulysses requires access to the properties for a Phase I Environmental Assessment and an evaluation of the structure to determine the extent of damage and estimated costs for stabilization and restoration, and WHEREAS, EMOC is willing provide access to the sites under the conditions outlined in the attached Site Access Agreement and WHEREAS, the Town of Ulysses wishes to enter into this agreement, now therefore, be it RESOLVED, that the Supervisor be and hereby is authorized to sign the Site Access Agreement, as revised to address Town concerns, on behalf of the Town of Ulysses. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent 42 Vote: 4-0 Date Adopted: 2/23/16 *Resolution 2016-66: Support Of The Living Wage As The Minimum Wage Across New York State WHEREAS, it is one of our most cherished values that there is dignity in work; and WHEREAS, raising incomes is critical to providing economic mobility and opportunity for working families; and WHEREAS, the growth in income inequality in recent years has created serious divisions within our society and community; and WHEREAS, New York State is becoming increasingly two states with a portion of the population thriving while many more face low wages, growing inequality, erosion of middle-class jobs, staggering housing costs, and the institutionalization of a low-wage service economy; and WHEREAS, the Alternatives Federal Credit Union cites a living wage in Tompkins County to be $13.77/hour for workers with health insurance, and $14.34/hour for workers without health insurance WHEREAS, a higher minimum wage across the state would increase spending on locally produced goods and services by workers benefiting from such increased wages, which, in turn would produce greater demand and help stimulate the local economy; and WHEREAS, a higher minimum wage would reduce the cost of providing social services in Tompkins County; and WHEREAS, we as a community and we as a country can no longer accept wages that leave some without hope of rising up and unable to support themselves nor their families; now, therefore be it RESOLVED, That the Town of Ulysses requests that the New York State Legislature pass a minimum-wage law establishing $14.34/hour as the minimum wage; phasing the new minimum wage in over a four year period; and indexing it to the New York State median wage thereafter; and, be it further RESOLVED, That New York State consider a training wage exemption for younger teens not responsible for supporting themselves or their family; and, be it further RESOLVED, That New York State index funding support for public and non-profit services to the increases in the minimum wage to assure that local programs not be forced to reduce needed services to pay the minimum wage that workers deserve; and further, RESOLVED, That a copy of this resolution be forwarded to the Tompkins County Legislature, the Tompkins County Council of Governments, New York State Assemblywoman Barbara Lifton, New York State Senator Thomas O’Mara, and New York Governor Andrew Cuomo. Moved: Ms. Thomas Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler abstention Mr. Hertzler no 43 Mr. Boggs no Mr. Goldman absent Vote: 1-2 Motion failed. MARCH 8TH, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-67: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for March 8, 201 6 with the change of moving the discussion of local laws to the first item, and the addition of executive session at the end of the meeting to discuss acquisition of property. Moved: Ms. Thomas Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 3/8/16 *Resolution 2016-68: Adopting Local Law #1 Of 2016 To Provide For The Abolition Of The Elected Position Of Town Clerk And Creation Of The Appointed Position Of Town Clerk Of The Town Of Ulysses WHEREAS, the Town has the authority to adopt the local law referred to above (hereafter “the Local Law”) pursuant to §§10, 22 and 23 of the New York State Municipal Home Rule Law; and WHEREAS, notice of a public hearing on the Local Law was advertised as required by law in the Ithaca Journal for March 8, 2016 at 7:00 p.m. at the Ulysses Town Hall; and WHEREAS, said public hearing was 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 Clerk’s duties are fundamentally apolitical, and WHEREAS, in New York State, all cities and villages, and many towns have appointed offices of Clerk; and WHEREAS there are no minimum job-related qualifications for a person to run for this elected position, and WHEREAS, elected officials cannot be supervised by or held accountable to those with whom they work closely in the Town Hall; and 44 WHEREAS, if the elected Town Clerk does not perform his or her duties, the Town Board cannot discipline or remove him or her from office; and WHEREAS the duties of Town Clerk require a great deal of skill and training to be performed effectively but training cannot be required of an elected officer, and WHEREAS, changing the position from elected to appointed allows the town the option of drawing applicants from a wider geographic area in the event the position becomes vacant; and WHEREAS, by changing the position from elected to appointed, the Town of Ulysses can assure its residents receive the highest quality services from a well-qualified employee who is held accountable for full performance of all required duties; NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Ulysses adopts and enacts Local Law #1 of 2016 entitled “A LOCAL LAW PROVIDING FOR THE ABOLITION OF THE ELECTED POSITION OF TOWN CLERK AND CREATION OF THE APPOINTED POSITION OF TOWN CLERK OF THE TOWN OF ULYSSES”, a copy of which is attached hereto and made a part of this resolution; and it is further, (SEE APPENDIX FOR LOCAL LAW??) RESOLVED that the Local Law is adopted subject to a mandatory referendum pursuant to the provisions of §23 of the Municipal Home Rule Law. Moved: Mr. Hertzler Seconded: Mr. Boggs DISCUSSION: The board continued to discuss whether to move the date of the referendum to November. Motion withdrawn by Mr. Hertzler and Mr. Boggs. *Resolution 2016-68: Based on public comment and board discussion, any referendum to abolish the elected positions of highway superintendent and town clerk to create appointed positions, take place on Nov. 8. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 3/8/16 *Resolution 2016-69: Authorizing Use Of Funds From The Town Of Ulysses Capital Equipment Reserve Fund Da878 To Purchase Highway Maintenance And Construction Equipment In 2016 45 WHEREAS, the Town Board of the Town of Ulysses by resolution adopted on November 7, 1984 established a capital reserve fund for the purpose of funding acquisition and replacement of highway maintenance and construction equipment and snow removal equipment (“the Capital Equipment Reserve Fund”); and WHEREAS, the Town Board adopted the 2016 budget for the Town on November 10, 2015 and the budget calls for the appropriation of $270,000 from the Capital Equipment Reserve Fund for the purpose of purchasing highway equipment in 2016; and WHEREAS, pursuant to General Municipal Law §6-c, an expenditure from the Capital Equipment Reserve Fund requires authorization by the Town Board, and such authorization is subject to a permissive referendum; and WHEREAS, the Town needs to purchase the following highway equipment: (1) A 2003 Volvo model VHD64B for $105,000 and (2) a 2016 Chevrolet Silverado, which vehicle will have a split function between the Highway Department and the Town’s water districts, on the basis of which $18,215.73 of the purchase price will be allocated to the Equipment Capital Reserve Fund and $9,107.87 to the SW3 fund; and WHEREAS, the purchase of the above-referenced equipment falls within the purposes for which the Capital Equipment Reserve Fund was established; NOW, THEREFORE, BE IT RESOLVED that the Town Board authorizes the following expenditures from the Town of Ulysses Capital Equipment Reserve Fund DA878 for the purchase of the following highway equipment: $105,000 for a 2003 Volvo model VHD64B and $18,215.73 towards the purchase of a 2016 Chevrolet Silverado in a total sum not to exceed $123,216; and be it further RESOLVED that, pursuant to General Municipal Law §6-c, this resolution is subject to a permissive referendum. Moved: Mr. Boggs Seconded: Ms. Zahler DISCUSSION: The board asked clarifying questions on the permissive referendum. Ms. Geldenhuys responded. Mr. Hertzler inquired about which trucks have been received and paid for and about the tax increase that Mr. Meeker inquired about. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler abstain Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 3/8/16 *Resolution 2016-70: Approval Of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of 2/9 and 2/23. Moved: Ms. Zahler Seconded: Ms. Goldman Ms. Thomas aye 46 Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 3/8/16 *Resolution 2016-71: Approval Of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims # 111-182 in the amount of $626,668.30. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 3/8/16 MARCH 29TH, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-72: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for March 29, 2016 with the additions of an executive session, discussion of an income survey and General Announcements. Moved: Ms. Thomas Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 3/29/16 *Resolution 2016-73: Provisional Approval of Income Survey Proposal BE IT RESOLVED that the Ulysses Town Board provisionally approve the proposed income survey contract from G&G to conduct a MHI survey provided that a majority of town board members give final approval by e-mail. Moved: Ms. Thomas Seconded: Ms. Zahler Discussion: 47 Ms. Zahler questioned the town’s funding source for the survey as it may be used for other purposes not just WD3. Mr. Goldman recommends reimbursing later if this happens. They went over questions to ask the firm before approving. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 3/29/16 *Resolution 2016-74: Amendment To Building Fees RESOLVED that the Town of Ulysses Town Board amends the 2016 fee schedule to clarify the building permit fees by specifying: What areas are included in determining the building permit fee for 1 and 2 family residences, the fees on accessory buildings that are attached to a 1 and 2 family residence the fees on accessory buildings that are separate from the main building Further RESOLVED that the fee schedule be updated with the amendments as attached (see Appendix A) and further RESOLVED that the Town Clerk's office distribute new fee schedules to all Town Board members, the Deputy Supervisor, the Planning and Zoning Department, and the Water Department. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 3/29/16 *Resolution 2016-75: Authorization Of Deputy Town Clerk As Signer On Clerk Bank Accounts RESOLVED that the Ulysses Town Board authorize Carissa Parlato, Town Clerk, and Sarah Koski, Deputy Town Clerk, to be signers on both the Town Clerk and Town and County Tax checking accounts. Moved: Ms. Zahler Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye 48 Mr. Goldman aye Vote: 5-0 Date Adopted: 3/29/16 *Resolution 2016-76: Approval Of Minutes 3/1 STB, 3/8 TB, 3/17 STB BE IT RESOLVED that the Ulysses Town Board approve the minutes of the 3/1 Special Town Board meeting. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 3/29/16 *Resolution 2016-77: Approval Of Minutes 3/8 PIM BE IT RESOLVED that the Ulysses Town Board approve the minutes of the 3/8 PIM (Public Information Meeting). Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 3/29/16 *Resolution 2016-78: Approval Of Minutes 3/8 PH BE IT RESOLVED that the Ulysses Town Board approve the minutes of 3/8 Public Hearing, with the changes discussed. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 49 Date Adopted: 3/29/16 *Resolution 2016-79: Approval Of Minutes 3/8 TB BE IT RESOLVED that the Ulysses Town Board approve the minutes of 3/8 Town Board meetings as edited by Ms. Zahler and Thomas as discussed via e-mail and at the meeting. Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 3/29/16 *Resolution 2016-80: Approval Of Minutes 3/17 STB BE IT RESOLVED that the Ulysses Town Board approve the minutes of 3/17 Special Town Board meeting as edited. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 3/29/16 APRIL 12TH, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-81: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for April 12, 2016 with the addition of an executive session at the end and the deletion of the establishment of a new water maintenance title. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs absent Mr. Goldman aye Vote: 3-0 Date Adopted: 4/12/16 50 *Resolution 2016-82: Authorizing A Contract For A Survey Of Median Household Incomes In Jacksonville WHEREAS New York State has increased funding for drinking water projects in 2016, and WHEREAS the amount of grant funding, or the interest level on loans, for drinking water projects depends partly on the median household income (MHI) of the affected area, and WHEREAS the only median household income information currently available is for the entire Town of Ulysses and the census data states that the MHI for the entire Town is above the median household income threshold for awarding grants, and WHEREAS due diligence suggests an income survey be done specifically for Water District 3 residents in order to use that median household income in the funding application, and WHEREAS Water District 3 in the Town of Ulysses has high chlorination by-products in need of remediation, and WHEREAS for a small water district, these remediation measures are expensive, THEREFORE, BE IT RESOLVED that the Town of Ulysses authorizes G & G Process Services to conduct a Median Household Income Survey according to the quote provided on February 29, 2016. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs absent Mr. Goldman aye Vote: 3-0 Date Adopted: 4/12/16 *Resolution 2016-83: Authorizing Use Of Funds From The Town Of Ulysses Capital Reserve Fund B878 For The Construction Of Sidewalk For The Safe Routes To School Grant WHEREAS, the Town of U lysses Capital Reserve Fund B878 may be used for capital projects in the Town of Ulysses outside the Village of Trumansburg, and WHEREAS the Village of Trumansburg and the Town of Ulysses were awarded a collaborative federally funded grant, titled Pedestrian Commuting in Trumansburg: Safe Routes to School Project, that requires a local match which includes direct funding as well as in-kind contributions, and WHEREAS the Town Board approved the 2016 budget which specifies the use of the capital reserve for this sidewalk project in the amount of $16,800, and WHEREAS the sidewalk project is underway and bills will need to be paid for design and engineering of the sidewalk project, and WHEREAS, pursuant to General Municipal Law, an expenditure from the Capital Reserve Fund requires authorization by the Town Board, and such authorization is subject to a permissive referendum; and WHEREAS, use of reserve fund B878 falls within the purposes for which the Capital Reserve Fund was established; THEREFORE BE IT RESOLVED that the Town of Ulysses authorizes up to $16,800 to be spent in 2016 from the Capital Reserve Fund B878 for the purposes of building a sidewalk as specified in the scope of work from the Trumansburg Fairgrounds to the ShurSave Grocery Store, and further RESOLVED that pursuant to General Municipal Law, this resolution is subject to a permissive referendum. RESOLVED that the Town Clerk will post and publish notice of the permissive referendum in accordance to law and provide a copy of such notice to the Town Supervisor. Moved: Ms. Thomas Seconded: Ms. Zahler 51 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs absent Mr. Goldman aye Vote: 3-0 Date Adopted: 4/12/16 *Resolution 2016-84: Establishing An Agricultural Committee WHEREAS resolution 130 of 2014 was passed by the Ulysses Town Board on June 25th, 2014 establishing an Agricultural Committee, and WHEREAS a committee of both agricultural representatives and Town Board members interviewed all applicants, THEREFORE, BE IT RESOLVED that the Town Board appoints the following to the Ulysses Agricultural Committee John Gates Chaw Chang Krys Cail Greg Reynolds John Wertis And further, RESOLVED that the Town Clerk’s office will notify the appointees and arrange for an oath of office. Moved: Ms. Zahler Seconded: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs absent Mr. Goldman aye Vote: 3-0 Date Adopted: 4/12/16 *Resolution 2016-85: Special Court Projects WHEREAS in order to address a residual backlog of tickets from many years past, the Ulysses Town Court Clerk needs to work extra hours above her salaried 40 hours/week. Therefore be it RESOLVED that the Town Court Justices may authorize the Town Court Clerk to work extra hours in 2016 to clear up the backlog with the amount of extra pay not to exceed $5,000 total, and further RESOLVED that the Town Court Clerk will be compensated at her regular rate of pay tracked on her time card. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs absent Mr. Goldman aye Vote: 3-0 52 Date Adopted: 4/12/16 *Resolution 2016-86: Approval Of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of 3/29. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs absent Mr. Goldman aye Vote: 3-0 Date Adopted: 4/12/16 *Resolution 2016-87: Approval Of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims #183-246 in the amount of $328,513.89. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs absent Mr. Goldman aye Vote: 3-0 Date Adopted: 4/12/16 *Resolution 2016-88: Mechanic Pay WHEREAS William Conroy is working as the chief mechanic for the Town of Ulysses Highway Department, and WHEREAS his current pay is not commensurate with his duties. Therefore be it RESOLVED that the Town of Ulysses authorizes an increase in pay for William Conroy to $20/hour starting on April 24, 2016. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs absent Mr. Goldman aye Vote: 3-0 Date Adopted: 4/12/16 APRIL 26TH, 2016: REGULAR TOWN BOARD MEETING 53 *Resolution 2016-89: Approval of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for April 26, 2016 with the addition of an executive session and a presentation from Roger Linder. Moved: Ms. Zahler Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/26/16 *Resolution 2016-90: Authorizing An Aerator In The Town Of Ithaca Tank WHEREAS Town of Ulysses Water District 3 water exceeds EPA thresholds for chlorination by-products, or TTHMs, and WHEREAS the Town of Ulysses is under a Tompkins County Department of Health resolution to reduce the TTHMs to under the EPA limit, and WHEREAS the Town of Ulysses, its TTHM Working Group, and engineers for the Town have been looking at options to reduce TTHMs in the system and have determined there are 2 viable options: 1) to connect to the Village of Trumansburg municipal water system 2) to install a series of aerators--one in the Town of Ithaca water tank near the hospital, and one in the Ulysses tank on VanDorn Road, and WHEREAS the engineers for the Town both recommend that for the aerator option to successfully reduce TTHMs throughout Ulysses Water District 3, an aerator and mixer in both the Ithaca and Ulysses tanks is required, and WHEREAS the Town of Ithaca is making a decision this week on whether to install an aerator, or not, in its water tank, and WHEREAS the Town of Ithaca is requiring the Town of Ulysses to pay half of the expense of an aerator for their tank, and WHEREAS in 2003, the Town of Ithaca and the Town of Ulysses entered into a 30-year inter-municipal agreement for Ithaca to provide Ulysses with water, THEREFORE, BE IT RESOLVED that the Town of Ulysses agrees to pay half, or up to $57,500, to the Town of Ithaca upon completion of the installation of an aerator in Ithaca's "Trumansburg" tank for the purposes of reducing chlorination by-products in the water it supplies to the Town of Ulysses, and further RESOLVED the Town Clerk will send the Supervisor for the Town of Ithaca this resolution by the end of the day on 4/27/16. Moved: Mr. Goldman Seconded: Ms. Zahler Mr. Goldman made an amendment to the fourth “Whereas”, so that it reads “WHEREAS the engineers for the Town both recommend that for the aerator option to successfully reduce TTHMs throughout Ulysses Water District 3, an aerator and mixer in both the Ithaca and Ulysses tanks is required, and”. This was seconded by Ms. Zahler. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler abstain 54 Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 4/26/16 *Resolution 2016-91: Setting Pay For New Highway Department Employee WHEREAS the Ulysses Highway Superintendent has appointed Scott Stewart to work for the Highway Department as a seasonal employee, and WHEREAS the Town Board sets the rate of pay for employees THEREFORE BE IT RESOLVED that the Ulysses Town Board authorizes the pay for Scott Stewart to be $17.00 per hour, and RESOLVED that the Town clerk will send this resolution to the Bookkeeper and Highway Superintendent. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/26/16 *Resolution 2016-92: Establishing The Position Of Water-Sewer Maintenance Worker WHEREAS the Ulysses Town Board established the position of Water Distribution Operator Trainee and appointed Chris Stevenson to the position, and WHEREAS Tompkins County Personnel Department now deems the job title of Motor Equipment Operator/Water-Sewer Maintenance Worker to be more appropriate. BE IT RESOLVED that the Ulysses Town Board establishes the position of Motor Equipment Operator/Water- Sewer Maintenance Worker and further RESOLVED Chris Stevenson is appointed to the position of Motor Equipment Operator/Water-Sewer Maintenance Worker at his current rate of pay, and RESOLVED that the town clerk will send this resolution to Tompkins County personnel. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/26/16 *Resolution 2016-93: Sidewalk Recommendations For Route 96 WHEREAS The Town of Ulysses and Village of Trumansburg jointly received a grant for Safe Routes to School and Daily Needs Sidewalk Project, and WHEREAS the preliminary designs have been before the public and there have been three public outreach events, and 55 WHEREAS no trees would need to be removed if the sidewalk were to be on the Smith Woods side of Route 96 as opposed to the estimated 30 trees if located on the Fairground side of the road, and WHEREAS the project will stay within budget if the sidewalk is on the Smith Woods side of Rt. 96, but is estimated to need $100,000 additional funding for the Fairgrounds side of the road due to extensive earthwork, tree removal, guard rail relocation, utility relocation and property acquisition, and WHEREAS Fisher Associates recognizes the topography of the Smith Woods side of the road and will design the sidewalk to flow with the natural contours of the land to keep the sidewalk as natural looking as possible, THEREFORE, BE IT RESOLVED that based on input from the engineers, design professionals, the public and cost differences, the Town of Ulysses Town Board favors a 5 foot sidewalk laid on the north or Smith Woods side of Route 96 running from the Fairground entrance to ShurSave and made from permeable or porous asphalt, and FURTHER RESOLVED that the town requests a speed limit reduction from 45 to 30 miles per hour from the village to Rabbit Run Road. FURTHER RESOLVED, the town requests leaving the existing crosswalk at the entrance to the Trumansburg Fairgrounds. Moved: Ms. Thomas Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs nay Mr. Goldman aye Vote: 4-1 Date Adopted: 4/26/16 *Resolution 2016-94: Creation Of Conservation And Sustainability Advisory Council WHEREAS, the Comprehensive Plan calls for research and recommendations to conserve natural areas and promote policies and procedures to increase alternative energy use and sustainability and WHEREAS, the Town Board’s 2016 Work Plan identified a number of projects that could be advanced by a council of concerned citizens from the Town now therefore be it RESOLVED, that the Town of Ulysses create a Conservation and Sustainability Advisory Council to address the goals of the Town’s Comprehensive Plan and the roles of a Conservation Advisory Council as outlined in Article 12-F section 239-x of the New York State General Municipal Law and further RESOLVED, that the attached Conservation and Sustainability Council description (see Appendix A) be adopted to guide the work of the Council for 2016-2017. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/26/16 56 *Resolution_2016-95: Appointment Of Roxanne Marino As Chair Of The Conservation And Sustainability Advisory Council WHEREAS, the Town of Ulysses has created a Conservation and Sustainability Advisory Council for 2016-2017 and WHEREAS, the Town of Ulysses wishes to recruit active and talented members of the community to serve on the Conservation and Sustainability Advisory Council and WHEREAS, the former Town Supervisor is very qualified to lead the new Council and has expressed a willingness to chair the Council and recruit well-qualified and interested residents to serve on the Council, now therefore be it RESOLVED, that the Town of Ulysses appoint Roxanne Marino as Chair of the Conservation and Sustainability Advisory Council effective May 1, 2016 through December 31, 2017. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent (stepped away) Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 4/26/16 *Resolution 2016-96: Approval Of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of 4/7 and 4/12. Moved: Ms. Zahler Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/26/16 MAY 10TH, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-97: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for May 10, 2016 with the addition of appointment of a Town Board liaison to the Ag Committee; deletion of the Sustainability Committee; add an executive session for the purpose of discussing a personnel matter and acquisition of real property; addition of sidewalk discussion. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Thomas aye 57 Ms. Zahler aye Mr. Hertzler absent Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 5/10/16 *Resolution 2016-98: Town Board Liaison To Ag Committee BE IT RESOLVED that Liz Thomas be appointed as the liaison to the Agricultural Committee. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas abstain Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 5/10/16 *Resolution 2016-99: Acceptance Of Bid For Vehicle For Town Vehicle WHEREAS, the Town of Ulysses needs to replace the vehicle used by Town employees for code enforcement, planning, zoning and other town business, and WHEREAS, the Town has budgeted funds for vehicle replacement and has solicited competitive bids for a fuel- efficient vehicle to meet Town needs while reducing our impact on the environment, now therefore, be it RESOLVED, that the Town accept the bid for a 2016 Toyota RAV 4 Hybrid from Maguire Toyota, dated May 5th in the amount of $27,576.50 and further RESOLVED, that the Town authorize payment of $27,576.50 from the budgeted B Fund account. Moved: Ms. Thomas Seconded: Mr. Zahler The group entered into a discussion on leasing a vehicle. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs abstain Mr. Goldman abstain Vote: 3-0 Date Adopted: 5/10/16 *Resolution 2016-100: Approval Of Minutes: 4/25, 4/26 BE IT RESOLVED that the Ulysses Town Board approve the minutes of 4/25 and 4/26. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye 58 Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 5/10/16 *Resolution 2016-101: Budget Modifications BE IT RESOLVED that the Ulysses Town Board approve the attached budget modifications to transfer existing funds to pay for the town’s audit and for ergonomic office equipment for the court. A FUND BUDGET MODIFICATIONS A1320.4 Auditor CE Increase $2000 This was a planned expense, however $2000 was put in the Auditor CE line and $3000 was put in the assigned funds A915 Audit “reserve”. The total bill for the audit was $4000 A915 Audit portion Decrease $2000 The balance in the audit portion of A915 assigned fund will be $7,762 after this $2000 appropriation. A1620.4 Town Hall Equipment Increase $367 There is a small amount of money left over from a previously awarded court grant. It was set aside to offset future cost of court office equipment. A sit-stand desk was purchased for the court clerk to address action items previously identified in an office-wide ergonomic assessment A915 Court grant portion Decrease $367 The balance in court grant portion of A915 assigned fund will be $0 after this $367 appropriation. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 5/10/16 *Resolution 2016-101a: Approval Of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims # 256-298 in the amount of $56,979.54, noting that voucher #267 has been held. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye 59 Vote: 3-0 Date Adopted: 5/10/16 MAY 24TH, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-102: Approval of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for May 24, 2016 with the removal of the code enforcement and ag committee discussions; and the addition of appointment of a Planning Board member. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 5/24/16 *Resolution 2016-103: Appointment Of Members To The Sustainability/Conservation Council BE IT RESOLVED that the Ulysses Town Board appoint the following individuals Sue Poelvoorde Bara Hotchkiss Robert Oswald Bryce Smith Roxanne Marino as members of the Sustainability and Conservation Advisory Council for terms beginning upon taking the oath of office through December 31, 2017 Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 5/24/16 *Resolution 2016-104: Declaration Of Surplus Equipment BE IT RESOLVED that the Ulysses Town Board declares that the following equipment belonging to the town is surplus and can be sent to auction or sold by the Town Supervisor’s Office: 2005 Jeep, VIN number 1J4GL48K75W590487. Moved: Ms. Zahler Seconded: Mr. Goldman 60 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 5/24/16 *Resolution 2016-105: Appointment Of Sara Worden To The Planning Board RESOLVED that the Town of Ulysses Town Board appoint Sara Worden to the seat left vacant by David Diaz as of May 17 for a term ending 12/31/2017. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 5/24/16 *Resolution 2016-106: Approval Of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of 5/10 with removal of the highlighted memo. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 5/24/16 *Resolution 2016-107: Approval Of Voucher/Claim BE IT RESOLVED that the Ulysses Town Board approves payment of the MRB voucher from last month. Moved: Ms. Zahler Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye 61 Mr. Goldman aye Vote: 5-0 Date Adopted: 5/24/16 JUNE 14TH, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-108: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for June 14 , 2016 with the following changes: adding an additional member to the Sustainability and Conservation Advisory Committee, removing the report from audit of town finances, moving the approval of claims to the beginning of the meeting, and adding an executive session for the purpose of discussing possible acquisition of real estate. Moved: Ms. Thomas Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/14/16 *Resolution 2016-109: Approval Of Claims BE IT RESOLVED that the Ulysses Town Board approves payment of claims #297-358 in the amount of $194,560.50. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/14/16 *Resolution 2016-110: Membership Terms For Agricultural Committee Members WHEREAS the resolution forming the Town of Ulysses Agricultural Committee specifies staggered terms for its 5 members, and WHEREAS committee members have been appointed, but no terms have been set, and WHEREAS the resolution establishing the committee sets the terms at 3 years. THEREFORE BE IT RESOLVED that the Ulysses Town Board assigns the following terms to members of the Agricultural Committee: 62 Chaw Chang – 2 year term ending December 31, 2017 Greg Reynolds - 3 year term ending December 31, 2018 Krys Cail - 3 year term ending December 31, 2018 John Gates - 1 year term ending December 31, 2016 John Wertis – 2 year term ending December 31, 2017 Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/14/16 *Resolution 2016-111: Introducing The Proposed Local Law To Amend Chapter 80 Of The Code Of The Town Of Ulysses WHEREAS, the Town Board wishes to consider a proposed Local Law to amend Chapter 80 of the Code of the Town of Ulysses (“the Code”), which provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code, the New York State Energy Conservation Construction Code and the Property Maintenance Code of New York; WHEREAS, Municipal Home Rule Law §20(4) requires that a proposed local law be introduced by a Town Board member at a Town Board meeting; and WHEREAS, this resolution was adopted at a Town Board meeting on June 14, 2016; NOW, THEREFORE, BE IT RESOLVED that, upon motion of Mr. Michael Boggs, seconded by Ms. Elizabeth Thomas, the proposed Local Law to amend Chapter 80 of the Code of the Town of Ulysses was introduced to the Town Board for its review and consideration. Discussion: Ms. Zahler said that Mr. Phil Antweiler had some concerns over the language in the proposed changes to the Code of the Town of Ulysses. He wants to make sure that the language in the Code is consistent with the wording in the zoning code in regards to properties that are out of compliance and grandfathered in to the Zoning Code. Ms. Thomas feels confident that the town attorney has reviewed the language and there is not a conflict. Moved: Mr. Boggs Seconded: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 63 Date Adopted: 6/14/16 *Resolution 2016-112: Scheduling A Public Hearing On The Proposed Amendment Of Chapter 80 Of The Code Of The Town Of Ulysses WHEREAS, a proposed Local Law to amend Chapter 80 of the Code of the Town of Ulysses (“the Code”), which provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code, the New York State Energy Conservation Construction Code and the Property Maintenance Code of New York was introduced at a Town Board meeting held on June 14, 2016 by a member of the Town Board; and WHEREAS, Municipal Home Rule Law §20(5) requires a public hearing before a local law is adopted by the Town Board, to be held upon at least five days' notice; NOW, THEREFORE, BE IT RESOLVED that the Town Board shall hold a public hearing on June 28th, 2016 at 6:30pm at the Town Hall, 10 Elm Street, Trumansburg, NY 14886 on the proposed local law to amend Chapter 80 of the Code of the Town of Ulysses; and be it further RESOLVED that notice of such public hearing shall be published and posted at least five days before the date thereof. Moved: Ms. Boggs Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/14/16 *Resolution 2016-113: Add A New Member To The Sustainability And Conservation Advisory Council RESOLVED to approve Andrew Hillman as a member of the Sustainability and Conservation Advisory Council for the Town of Ulysses. Moved: Ms. Thomas Seconded: Ms. Zahler Discussion: Ms. Zahler feels that Mr. Hillman will be a valuable member of the council and thanked him for his willingness to serve. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/14/16 64 *Resolution 2016-114: Approval Of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of 5/24. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/14/16 *Resolution 2016-115: Budget Modifications BE IT RESOLVED that the Ulysses Town Board approve the following budget modifications: A FUND BUDGET MODIFICATIONS A1010.4 Town Board CE Increase $3000 One-time expense for study conducted at the will of the Town Board A1990.4 Contingency Account Decrease $3000 One-time expense for study conducted at the will of the Town Board Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/14/16 *Resolution 2016-116: Authorization To Negotiate With The Exxon Mobil Oil Corporation WHEREAS, the Town of Ulysses Comprehensive Plan of 2009 outlines the Town’s commitment to preserving the historic character of our community and WHEREAS, the Exxon Mobil Oil Corporation (EMOC) has initiated a process to divest itself of the properties they own in the hamlet of Jacksonville and WHEREAS, the structure on EMOC tax parcel # 25.-4.26 is an example of unique architecture from the 1860’s and has been documented in the Town’s 2014 inventory of Historic Buildings and WHEREAS, the Town has a public interest in assuring that the 1860’s structure is preserved as an historic building, now therefore be it RESOLVED, that the Ulysses Town Council authorize Council members Nancy Zahler and Richard Goldman to enter into negotiations with EMOC for the purpose of acquiring tax parcel #25.-4.26;” the adjacent tax parcel # 25.-4.27 for use with parcel #25.-4.26; and tax parcel # 25.-4.21for public use; and be it 65 FURTHER RESOLVED, that any agreement reached through negotiation shall be contingent on approval by the Town Board. Moved: Ms. Zahler Seconded: Mr. Hertlzer Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/14/16 *Resolution 2016-117: Salo Drive Land Acquisition WHEREAS the Town of Ulysses is considering the purchase of 3 parcels of land owned by Habitat for Humanity along Trumansburg Creek, and WHEREAS this land would provide an outdoor recreation area for residents of the Village of Trumansburg and the Town of Ulysses, and WHEREAS the Town of Ulysses Comprehensive Plan indicates 90% of respondents felt open and green space were important or very important, and 82% felt opportunities for outdoor recreation were important or very important, and WHEREAS this land would provide an unimproved recreation area, and WHEREAS this land is adjacent to affordable housing units that could benefit from a recreational area nearby, and WHEREAS this land also contains wetlands, vernal pools and is a buffer to Trumansburg Creek, making it unsuitable for development for housing, and WHEREAS buffering Trumansburg Creek from development will help to preserve water quality from contaminants and sedimentation not only in Trumansburg Creek, but to Cayuga Lake, a water body of importance on the Erie Canalway, and WHEREAS this land is within walking distance from the urbanized core of the Village of Trumansburg, and WHEREAS municipal parking is available at the nearby Farmer’s Market, and WHEREAS the Town of Ulysses feels there is community support for this project, and WHEREAS a recreation reserve exists earmarked for outdoor recreational activities. THEREFORE, BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes the Town Supervisor and Town Staff to proceed with a an application for a matching grant submittal to New York State to acquire the recreation grant to support the purchase of this land, 66 RESOLVED the Town of Ulysses is not committing to purchasing this land should they be unsuccessful at acquiring grant funding. Final decision shall be contingent upon approval of the Town Board. The Purchase offer price shall not exceed $50,000. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/14/16 JUNE 28TH, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-118: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for June 28 , 2016 with the addition of an executive session to discuss the promotion of a person and the purchase of real property. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/28/16 *Resolution 2016-119: Approval Of Meeting Agenda RESOLVED that the Town of Ulysses Town Board appoints Ben LeWalter as the alternate for the Planning Board through Dec. 2016. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/28/16 *Resolution 2016-120: Intermunicipal Agreement With Trumansburg For Shared Employee 67 RESOLVED the Town Board of the Town of Ulysses authorizes the Town Supervisor to sign the intermunicipal agreement with the Village of Trumansburg to share the cost of health insurance for a Shared Employee as defined in the Town of Ulysses Personnel Policy. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/28/16 *Resolution 2016-121: Adopting Local Law #1 Of 2016- A Local Law To Amend Chapter 80 Of The Code Of The Town Of Ulysses (“The Code”), Which Provides For The Administration And Enforcement Of The New York State Uniform Fire Prevention And Building Code, The New York State Energy Conservation Construction Code And The Property Maintenance Code Of New York. WHEREAS the Town of Ulysses previously adopted Local Law #1 of 2007 and Local Law # 5 of 2014 to enforce provisions of the New York State Uniform Fire Prevention and Building Code; and WHEREAS, the Town Board seeks to clarify all the codes that are subject to enforcement by the Town, and to modify the penalties for failure to comply; and WHEREAS the final version of this law was presented to the Ulysses Town Board on June 9, 2016 and introduced at a Town Board meeting on June 14, 2016; and WHEREAS the public hearing date was set by resolution of the Town Board on June 14, 2016 to be held on June 28, 2016; and WHEREAS notice of the public hearing was published in the Ithaca Journal on June 22, 2016 and posted as required by law; and WHEREAS a public hearing was held on June 28, 2016; NOW, THEREFORE, BE IT RESOLVED that the Ulysses Town Board hereby adopts Local Law #1 of 2016: A Local Law to Amend Chapter 80 of the Code of the Town of Ulysses (“the Code”), which provides for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code, the New York State Energy Conservation Construction Code and the Property Maintenance Code of New York. Moved: Ms. Thomas Seconded: Ms. Zahler The clerk called a roll-call vote: Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye 68 Vote: 5-0 Date Adopted: 6/28/16 *Resolution 2016-122: Approval Of Minutes: 6/14 BE IT RESOLVED that the Ulysses Town Board approve the minutes of 6/14 as amended by Ms. Zahler. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/28/16 *Resolution 2016-123: Salary Increase For Code Enforcement Officer Ms. Zahler made a motion to increase the salary of Code Enforcement Officer Tom Myers to $22.50/hour based on his performance from the date of hire on January 1, 2016. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/28/16 JULY 12TH, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-124: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for the July 12, 2016 with the following changes: move the Approval of Claims to earlier in the agenda, and Ms. Zahler requested the addition of an Executive Session to discuss the acquisition of real property. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent Vote: 4-0 Date Adopted: 7/12/16 69 *Resolution 2016-125: Budget Modifications BE IT RESOLVED that the Ulysses Town Board approve the following budget modifications: A FUND BUDGET MODIFICATIONS A1440.4 Engineer CE Increase $360 Falls Road possible water district work A1990.4 Contingency Account Decrease $360 Unforeseen expense, contingency account balance after this budget modification is $11,640 Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent Vote: 4-0 Date Adopted: 7/12/16 *Resolution 2016-126: Approval Of Claims BE IT RESOLVED that the Ulysses Town Board approves payment of claims #359-409 in the amount of $69,944.66. Moved: Ms. Thomas Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent Vote: 5-0 Date Adopted: 7/12/16 *Resolution 2016-127: MRB Contract Approval For Water District 3 Resubmission Of Funding Application RESOLVED that the Ulysses Town Board authorizes the Town Supervisor to sign the contract with MRB dated June 21, 2016 titled “Proposal for Report Update for Town of Ulysses Water District #3 Report” which will seek state or federal funding to remediate the chlorination byproducts in the municipal drinking water system. Moved: Ms. Thomas Seconded: Mr. Hertzler Ms. Thomas aye 70 Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent Vote: 4-0 Date Adopted: 7/12/16 *Resolution 2016-128: Potential Land Acquisition SEQR WHEREAS, the action under consideration is the acquisition of land, designated as Tax Parcel Numbers 7.-6- 1.1, 11.-2-8.2, and 11.-2-11 west of Salo Drive, which acquisition will only be undertaken if funding is available through grant funding from New York State and fund balance from the Town of Ulysses, and WHEREAS, this is an Unlisted Action for which the Town of Ulysses Town Board is acting as lead agency in this uncoordinated environmental review with respect to a land acquisition; and WHEREAS, the Town Board, on July 12, 2016, has reviewed and accepted as adequate a Short Environmental Assessment Form Parts 1, 2 and 3 prepared by Town staff; NOW THEREFORE BE IT RESOLVED: That the Town of Ulysses Town Board hereby makes a negative determination of environmental significance for the reasons set forth in the Environmental Assessment Form Parts 2 and 3 referenced above, in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed, and, therefore, an Environmental Impact Statement will not be required. Moved: Ms. Thomas Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent Vote: 4-0 Date Adopted: 7/12/16 *Resolution 2016-129: Resolution Regarding Tompkins Residential Energy Score Program And Implementation Plan WHEREAS the Town of Ulysses needs additional tools that go beyond what exists in Local Law #1 of 2007 and WHEREAS according to the March 2016 Tompkins County Energy Roadmap, in order to meet the goal of reducing greenhouse gas emissions 80% by the year 2050, the community will need to achieve at least a 35% reduction in energy use in existing buildings through retrofits and upgrades; and WHEREAS the NYS Reforming the Energy Vision initiative has a goal of helping consumers make better and more informed energy choices; and 71 WHEREAS a residential energy score program would provide residents with numerous benefits, including the ability to better understand and reduce energy-related living costs and greenhouse gas emissions; and WHEREAS a project team, composed of representatives of the Towns of Caroline, Danby, Ithaca, Ulysses and the City of Ithaca, with consultation from Cornell Cooperative Extension of Tompkins County and the Tompkins County Planning Department, was formed in 2013 to work on a residential energy score project; and WHEREAS the Town of Ithaca, working on behalf of the project team, submitted and was awarded grant funding from NYSERDA’s Cleaner, Greener Communities program, and contracted with subject matter experts Performance Systems Development to develop deliverables for the project; and WHEREAS the original project proposal was to develop and adopt a local law or ordinance to require a home energy rating to be disclosed at the time of listing for sale, however due to pubic feedback and the lack of incontestable legal authority to enact such a law, the project team opted to develop a voluntary program and phased implementation plan; and WHEREAS extensive public outreach guided the creation of the first draft report of the program and implementation plan, completed on February 24, 2016. The second draft was informed by more than 250 comments collected from additional public outreach, and was presented to the governing boards of the five partner municipalities between May 23 and June 15, 2016, with a comment period ending on June 17, 2016, and comments on the second draft were incorporated into a final report, titled “Tompkins Residential Energy Score Program and Implementation Plan;” and WHEREAS the grant contract with NYSERDA requires the project team to present the final report to the governing boards of each of the five partner municipalities for consideration of adoption, including a formal vote; now therefore be it RESOLVED, that the Town Board of the Town of Ulysses endorses the Tompkins Residential Energy Score Program and Implementation Plan, dated July 6, 2016. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler nay Mr. Boggs aye Mr. Goldman absent Vote: 3-1 Date Adopted: 7/12/16 *Resolution 2016-130: Cancelling The August 23, 2016 Meeting RESOLVED that the Ulysses Town Board cancels the regularly scheduled second meeting of the month on August 23, 2016. Moved: Ms. Zahler Seconded: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye 72 Mr. Boggs aye Mr. Goldman absent Vote: 4-0 Date Adopted: 7/12/16 *Resolution 2016-131: Authorizing Town Hall Sidewalk Grant Application WHEREAS the Ulysses Town Hall is a building with fine architectural features but the exterior of the building lacks a good sidewalk, signage, landscaping, or separation between vehicle and pedestrian traffic, and WHEREAS the extreme level of pavement does not allow for any penetration of stormwater into the ground adding to the runoff and sedimentation and contamination of Trumansburg Creek which runs into Cayuga Lake, part of the Erie Canalway and a source of drinking water for many. THEREFORE, BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes the Town Supervisor to apply for a grant to reduce stormwater runoff, separate pedestrian and vehicle traffic in front of Town Hall, beautify the entrance of the building and provide signage to help easily locate the Town Hall. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent Vote: 4-0 Date Adopted: 7/12/16 *Resolution 2016-132: Reaffirming The Comprehensive Plan WHEREAS the Town of Ulysses is applying for a grant to acquire land for protection and recreation, and WHEREAS the Ulysses Comprehensive Plan adopted in 2009 states Consider the implementation of land conservation efforts to protect the character of the community (Objective 2.6, Action B.) It is important for the Town to preserve and protect its existing parks and natural areas for the enjoyment of residents and visitors. In addition, the Town should look for opportunities to create new parks and natural areas. (Page 45) Investigate and implement various mechanisms to protect and preserve environmentally sensitive areas such as steep slopes, wetlands, Unique Natural Areas, mature forests and important wildlife habitats in all Land Use areas.(page 19, Obj. 1.1, Action B) Protect wetlands as defined by the US Army Corp of Engineers and New York State Department of Environmental Conservation. Establish appropriate buffer zones around the perimeter of all wetlands and prohibit development within this buffer.(pg 20, Obj 1.2, Action C) 73 Establish regulations to limit development in and near floodplains. .(pg 20, Obj 1.2, Action D) WHEREAS the Ulysses Comprehensive Plan survey results were that 82% of respondents felt Opportunities for outdoor recreation were important or very important and 90% of respondents felt preserving open and green space were important or very important, and WHEREAS in the Village of Trumansburg’s Comprehensive Plan adopted on February 11, 2008, one of the six major sections in their 20-year vision states green space throughout the Village is preserved and maintained to provide residents with the opportunity to connect with nature (pg 8 of the Ulysses Comprehensive Plan) and THEREFORE BE IT RESOLVED that the Town of Ulysses Town Board reaffirms the Town of Ulysses Comprehensive Plan adopted in 2009. Moved: Ms. Thomas Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent Vote: 4-0 Date Adopted: 7/12/16 *Resolution 2016-133: Authorizing Snow And Ice Removal Agreement WHEREAS the existing Snow and Ice Agreement with Tompkins County has worked well in the past for reimbursement of expenses, and WHEREAS the Highway Superintendent recommends the extension of the existing Agreement Now, therefore be it RESOLVED that the Ulysses Town Board authorizes the Town Supervisor to sign the Snow and Ice Agreement with Tompkins County extending the agreement through September 30, 2019. Moved: Mr. Boggs Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent Vote: 4-0 Date Adopted: 7/12/16 *Resolution 2016-134: Increase In Pay For Highway Employee WHEREAS the Highway Superintendent has requested an increase in pay for a Highway Department employee after working a probationary period of time and acquiring a CDL license, 74 THEREFORE, BE IT RESOLVED that the Ulysses Town Board authorizes an increase in pay of $0.50 an hour to $17.50 per hour for Scott Stewart. Moved: Ms. Thomas Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent Vote: 4-0 Date Adopted: 7/12/16 *Resolution 2016-135: Approval Of Minutes: 6/28 BE IT RESOLVED that the Ulysses Town Board approve the minutes of the 6/28 Public Hearing and 6/28 Regular Town Board meeting with the following change: to remove Mr. Hertzler’s name from the “present” section of attendance as he was unable to attend the meeting and hearing. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman absent Vote: 4-0 Date Adopted: 7/12/16 JULY 26tH, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-136: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for July 26, 2016 with the addition of an executive session for a discussion of salary (promotion) related to a particular person, and the addition of a General Announcements section, and moving the glare study up to the first item on the agenda. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/26/16 75 *Resolution 2016-137: Approval Of Consultant For Glare Study As Requested By The Planning Board WHEREAS, the Planning Board recently approved a major solar installation and is currently reviewing a second solar installation adjacent to the first one; and WHEREAS, on July 5, 2016, the Planning Board passed the following resolution: "The Planning Board requests a third party review of the previously approved major solar project as well as the project currently under consideration, on issues concerning glare, screening, the design of the project (sloped land, panel orientation), and the proposed planting plan (including types of vegetation);" and WHEREAS, the Town Environmental Planner contacted two engineering firms to solicit proposals, received only one proposal, and recommends LaBella Associates, D.P.C for the project review; NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses approves LaBella Associates, D.P.C for the review of the major solar projects as requested by the Planning Board, according to the proposal submitted on 7/15/2016 of $250 with potential additional funding not to exceed $1000, to fully respond to Planning Board requests including adequate onsite evaluation. Moved: Mr. Goldman Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/26/16 *Resolution 2016-138: Scheduling A Public Hearing And Public Information Session For Local Law No. 2 Of 2016: A Local Law Providing For The Abolition Of The Elected Position Of Highway Superintendent And The Creation Of The Appointed Position Of Highway Superintendent Of The Town Of Ulysses WHEREAS, Local Law No. 2 of 2016 Providing for the Abolition of the Elected Position of Town Highway Superintendent and Creation of the Appointed Position of Highway Superintendent of the Town of Ulysses was introduced by a Town Board member at a Town Board meeting on July 26, 2016; NOW, BE IT RESOLVED that the Town Board of the Town of Ulysses schedule a Public Hearing on Local Law #2 of 2016 at 7:00pm on Tuesday, August 9, 2016 at the Ulysses Town Hall; and be it further RESOLVED that the Town Board will hold a Public Information Meeting on the proposed Local Law at 6:30pm on Tuesday, August 9, 2016 at the Ulysses Town Hall; and be it further RESOLVED that the Town Clerk publish notice of the Public Hearing as required by law. TOWN OF ULYSSES, NEW YORK PROPOSED LOCAL LAW NO. 2-2016 A LOCAL LAW PROVIDING FOR THE ABOLITION OF THE ELECTED POSITION OF HIGHWAY SUPERINTENDENT AND THE CREATION OF THE APPOINTED POSITION OF HIGHWAY SUPERINTENDENT OF THE TOWN OF ULYSSES Be it enacted by the Town Board of the Town of Ulysses as follows: 76 SECTION 1. This local law is enacted pursuant to Municipal Home Rule Law §§10, 22 and 23. This local law shall supersede any provisions of the Town Law of the State of New York to the contrary, including, but not limited to, Town Law §20 with respect to the method of selection of the Highway Superintendent in the Town of Ulysses, and any other provision of the Town Law providing for or referring to the creation of the elected position of Highway Superintendent. SECTION 2. The elected position of the Highway Superintendent in the Town of Ulysses, New York is hereby abolished, effective January 1, 2018, following the expiration of the current elective term of office of the Highway Superintendent on December 31, 2017. The appointed position of Highway Superintendent of the Town of Ulysses, New York is hereby created, effective January 1, 2018. SECTION 3. Commencing January 1, 2018, the Highway Superintendent of the Town of Ulysses shall be the person appointed by the Town Board of the Town of Ulysses. SECTION 4. The appointed Highway Superintendent shall have such powers and shall perform such duties as are or hereafter may be conferred or imposed by law, and such further duties as the Town Board determines, consistent with applicable law. SECTION 5. This local law shall be subject to a mandatory referendum pursuant to the provisions of §23 of the Municipal Home Rule Law at the general elections to be held on November 8, 2016. SECTION 6. This local law shall supersede or repeal any prior inconsistent Local Law. SECTION 7. 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 8. This local law shall take effect upon the affirmative vote of a majority of the qualified electors voting thereon at the general election on November 8, 2016, and the filing with the Secretary of State in accordance with the applicable provisions of law. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/26/16 *Resolution 2016-139: Scheduling A Public Hearing And Public Information Session For Local Law No. 3 Of 2016: A Local Law Providing For The Abolition Of The Elected Position Of Town Clerk And The Creation Of The Appointed Position Of Town Clerk Of The Town Of Ulysses 77 WHEREAS, Local Law No. 3 of 2016 Providing for the Abolition of the Elected Position of Town Clerk and Creation of the Appointed Position of Town Clerk of the Town of Ulysses was introduced by a Town Board member at a Town Board meeting on July 26, 2016; NOW, BE IT RESOLVED that the Town Board of the Town of Ulysses schedule a Public Hearing on Local Law #3 of 2016 at 7:00pm on Tuesday, August 9, 2016 at the Ulysses Town Hall; and be it further RESOLVED that the Town Board will hold a Public Information Meeting on the proposed Local Law at 6:30pm on Tuesday, August 9, 2016 at the Ulysses Town Hall; and be it further RESOLVED that the Town Clerk publish notice of the Public Hearing as required by law. TOWN OF ULYSSES, NEW YORK PROPOSED LOCAL LAW NO. 3-2016 Be it enacted by the Town Board of the Town of Ulysses as follows: SECTION 1. This local law is enacted pursuant to Municipal Home Rule Law §§10, 22 and 23. This local law shall supersede any provisions of the Town Law of the State of New York to the contrary, including, but not limited to, Town Law §20 with respect to the method of selection of the Town Clerk in the Town of Ulysses, and any other provision of the Town Law providing for or referring to the creation of the elected position of Town Clerk. SECTION 2. The elected position of the Town Clerk in the Town of Ulysses, New York is hereby abolished, effective January 1, 2018, following the expiration of the current elective term of office of the Town Clerk on December 31, 2017. The appointed position of Town Clerk of the Town of Ulysses, New York is hereby created, effective January 1, 2018. SECTION 3. Commencing January 1, 2018, the Town Clerk of the Town of Ulysses shall be the person appointed by the Town Board of the Town of Ulysses. SECTION 4. The appointed Town Clerk shall have such powers and shall perform such duties as are or hereafter may be conferred or imposed by law, and such further duties as the Town Board determines, consistent with applicable law. SECTION 5. This local law shall be subject to a mandatory referendum pursuant to the provisions of §23 of the Municipal Home Rule Law at the general election to be held on November 8, 2016. SECTION 6. This local law shall supersede or repeal any prior inconsistent Local Law. SECTION 7. 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 8. This local law shall take effect upon the affirmative vote of a majority of the qualified electors voting thereon at the general election on November 8, 2016, and the filing with the Secretary of State in accordance with the applicable provisions of law. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye 78 Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/26/16 *Resolution 2016-140: Local Law No. 4 Of 2016—Override The Tax Levy Limit Established In General Municipal Law §3- C BE IT RESOLVED that the Town Board of the Town of Ulysses will hold a Public Hearing on the proposed Local Law # 4 of 2016 to override the NYS tax levy limit as allowed by General Municipal Law. The Public Hearing will be on August 9, 2016 at 6:00 pm at the Ulysses Town Hall at 10 Elm St. Trumansburg, NY. LOCAL LAW NUMBER 4 of 2016, TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3- C Be it enacted by the Town Board of the Town of Ulysses as follows: Section 1. Legislative Intent: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Ulysses, County of Tompkins pursuant to General Municipal Law §3-c, and to allow the Town of Ulysses, County of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2017 and ending December 31, 2017 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 the Town Board to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town Board. 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 2017 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-c. Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, 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. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/26/16 Resolution 2016-141: Changing Code Enforcement Pay From Hourly To Salary 79 BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes the pay for the Code Enforcement Officer and Building Inspector to be changed from hourly to a salaried position based on his current hourly rate of pay effective as of 7/31/2016. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/26/16 *Resolution 2016-142: Approval Of Minutes: 7/12/16 BE IT RESOLVED that the Ulysses Town Board approve the minutes of 7/12/16 as amended by Ms. Zahler and Ms. Thomas. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/26/16 AUGUST 9TH, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-143: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for August 9, 2016 with the change of moving up the resolutions of local laws 2 and 3 to the next items. Moved: Mr. Hertzler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 8/9/16 *Resolution 2016-144: Consideration Of Adoption Of Local Law No. 2 Of 2016: A Local Law Providing For The Abolition Of The Elected Position Of Highway Superintendent And The 80 Creation Of The Appointed Position Of Highway Superintendent Of The Town Of Ulysses WHEREAS, the Town has the authority to adopt the local law referred to above (hereafter “the Local Law No. 2”) pursuant to §§10, 22 and 23 of the New York State Municipal Home Rule Law; and WHEREAS the final version of Local Law No. 2 of 2016 was presented to the Ulysses Town Board at a Town Board meeting on Tuesday, July 26, 2016; and WHEREAS the Public Hearing date was set by resolution of the Ulysses Town Board on Tuesday, July 26, 2016, for the Public Hearing to be on August 9, 2016 at 7:00 p.m. at the Ulysses Town Hall; and WHEREAS, notice of a public hearing on Local Law No. 2 was advertised as required by law in the Ithaca Journal on Saturday, July 30, 2016, and WHEREAS, said public hearing was 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 a Public Information Meeting was held on both March 8, 2016 and also August 9, 2016 at 6:30 p.m., and WHEREAS the Ulysses Town Highway Superintendent’s duties are fundamentally apolitical, and WHEREAS, in New York State, all cities and villages, and many towns appoint their Highway Superintendents; and WHEREAS there are no minimum job-related qualifications for a person to run for this elected position, and WHEREAS, elected officials cannot be supervised by or held accountable by anyone except the electorate; and WHEREAS, if an elected Town Highway Superintendent does not perform his or her duties, the Town Board cannot discipline or remove him or her from office; and WHEREAS the duties of Town Highway Superintendent require a great deal of skill and training to be performed effectively but training cannot be required of an elected officer, and WHEREAS, changing the position from elected to appointed allows the town the option of drawing applicants from a wider geographic area in the event the position becomes vacant; and WHEREAS, by changing the position from elected to appointed , the Town of Ulysses can assure that its residents receive the highest quality services from a well-qualified employee who is held accountable for full performance of all required duties; and WHEREAS this proposed local law should not be considered a reflection on the performance of the current Acting Town Highway Superintendent who is efficient, courteous and properly trained. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Ulysses adopts and enacts Local Law #2 of 2016 entitled “A LOCAL LAW PROVIDING FOR THE ABOLITION OF THE ELECTED POSITION OF TOWN HIGHWAY SUPERINTENDENT AND CREATION OF THE APPOINTED POSITION OF HIGHWAY SUPERINTENDENT OF 81 THE TOWN OF ULYSSES”, a copy of which is attached hereto (see appendix A) and made a part of this resolution; and it is further RESOLVED that the Local Law is adopted subject to a mandatory referendum pursuant to the provisions of §23 of the Municipal Home Rule Law; and further RESOLVED that the referendum will be held at the general elections to be held on November 8, 2016; and it is further RESOLVED that if this local law is approved by the affirmative vote of a majority of the qualified electors voting thereon at the general election on November 8, 2016, the Town Clerk shall file this local law with the Secretary of State as required by law and notify the Town Supervisor when the local law is in effect. Moved: Ms. Thomas Seconded: Mr. Hertzler (A roll-call vote was called by the clerk) Ms. Thomas aye Ms. Zahler aye Mr. Hertzler nay Mr. Boggs aye Mr. Goldman aye Vote: 4-1 Date Adopted: 8/9/16 *Resolution 2016-145: Consideration Of Adoption Of Local Law No. Local Law No. 3 Of 2016--A Local Law Providing For The Abolition Of The Elected Position Of Town Clerk And Creation Of The Appointed Position Of Town Clerk Of The Town Of Ulysses WHEREAS, the Town has the authority to adopt the local law referred to above (hereafter “the Local Law”) pursuant to §§10, 22 and 23 of the New York State Municipal Home Rule Law; and WHEREAS the final version of Local Law No. 3 of 2016 was presented to the Ulysses Town Board at a Town Board meeting on Tuesday, July 26, 2016; and WHEREAS the Public Hearing date was set by resolution of the Ulysses Town Board on Tuesday, July 26, 2016, for the Public Hearing to be on August 9, 2016 at 7:00 p.m. at the Ulysses Town Hall; and WHEREAS, notice of a public hearing on Local Law No. 3 was advertised as required by law in the Ithaca Journal on Saturday, July 30 2016, and WHEREAS, said public hearing was 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 a Public Information Meeting was held on both March 8, 2016 and also August 9, 2016 at 6:30 p.m., and WHEREAS the Town Clerk’s duties are fundamentally apolitical, and 82 WHEREAS, in New York State, all cities and villages, and many towns appoint their Clerks; and WHEREAS there are no minimum job-related qualifications for a person to run for this elected position, and WHEREAS, elected officials cannot be supervised by or held accountable by anyone except the electorate; and WHEREAS, if an elected Town Clerk does not perform his or her duties, the Town Board cannot discipline or remove him or her from office; and WHEREAS the duties of Town Clerk require a great deal of skill and training to be performed effectively but training cannot be required of an elected officer, and WHEREAS, changing the position from elected to appointed allows the town the option of drawing applicants from a wider geographic area in the event the position becomes vacant; and WHEREAS, by changing the position from elected to appointed, the Town of Ulysses can assure that its residents receive the highest quality services from a well-qualified employee who is held accountable for full performance of all required duties; WHEREAS this proposed local law should not be considered a reflection on the performance of the current Town Clerk who is efficient, courteous and has taken the initiative to be properly trained. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Ulysses adopts and enacts Local Law #3 of 2016 entitled “A LOCAL LAW PROVIDING FOR THE ABOLITION OF THE ELECTED POSITION OF TOWN CLERK AND CREATION OF THE APPOINTED POSITION OF TOWN CLERK OF THE TOWN OF ULYSSES”, a copy of which is attached hereto (see Appendix B) and made a part of this resolution; and it is further RESOLVED that the Local Law is adopted subject to a mandatory referendum pursuant to the provisions of §23 of the Municipal Home Rule Law; and it is further RESOLVED that the referendum will be held at the general elections to be held on November 8, 2016; and it is further RESOLVED, that if this local law is approved by the affirmative vote of a majority of the qualified electors voting thereon at the general election on November 8, 2016, the Town Clerk shall file this local law with the Secretary of State as required by law and notify the Town Supervisor when the local law is in effect. Moved: Mr. Hertzler Seconded: Mr. Boggs (A roll-call vote was called by the clerk) Ms. Thomas aye Ms. Zahler aye Mr. Hertzler nay Mr. Boggs aye Mr. Goldman aye Vote: 4-1 Date Adopted: 8/9/16 83 *Resolution 2016-146: Local Law No. 4 Of 2016—Override The Tax Levy Limit Established In General Municipal Law §3- C WHEREAS, municipalities of the State of New York are limited in the amount of real property taxes that may be levied each year under the tax levy limit established in General Municipal Law §3-c, and WHEREAS, subdivision 5 of General Municipal Law §3-c expressly authorizes a municipality to override the tax levy limit if the town government decides to adopt a budget with a property tax levy that exceeds the level set by the State, by the adoption of a local law approved by vote of at least sixty percent (60%) of the governing body, and WHEREAS the final version of Local Law No. 4 of 2016 was presented to the Ulysses Town Board at a Town Board meeting on Tuesday, July 26, 2016; and WHEREAS the Public Hearing date was set by resolution of the Ulysses Town Board on Tuesday, July 26, 2016, for the Public Hearing to be on August 9, 2016 at 6:00 p.m. at the Ulysses Town Hall; and WHEREAS, notice of a public hearing on Local Law No. 4 was advertised as required by law in the Ithaca Journal on Saturday, July 30, 2016, and WHEREAS, said public hearing was duly held on August 9, 2016, and all parties in attendance were permitted an opportunity to speak in favor of or in opposition to the Local Law entitled "A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3- C", or any part thereof; and WHEREAS, the Town Board of the Town of Ulysses reviewed and discussed a proposed local law to override the tax levy limit, and WHEREAS, information from New York State that enables calculation of the Town’s 2017 property tax cap is not available until late summer, and WHEREAS it appears the levy limit will be 0.6% and until the tentative budget is ready at the end of September, it is impossible to know whether the Town will be able to stay under this potential limit; and WHEREAS by the time the town knows if it can stay within the tax levy limit, it is too late to file a local law to override the tax levy limit. WHEREAS, in the event the Town of Ulysses annual tax levy exceeds the allowable tax levy limit due to their own decisions or cost increases outside their control, New York State has the authority to penalize the Town unless the Town has formally given itself permission to exceed the tax cap, and WHEREAS, adopting this local law is not predictive of the final tax levy but will provide the Town of Ulysses Town Board the flexibility to exceed the Property Tax Cap if it is deemed necessary, and THEREFORE BE IT RESOLVED that the Town of Ulysses Town Board enacts a local law to override the tax levy limit for the fiscal year 2016, as follows: LOCAL LAW NUMBER 4 of 2016, TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3- C Be it enacted by the Town Board of the Town of Ulysses as follows: Section 1. Legislative Intent: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Ulysses, County of Tompkins pursuant to General Municipal Law §3-c, and to allow the Town of Ulysses, County of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2017 and ending December 31, 2017 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 the Town Board to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town Board. 84 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 2017 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-c. Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, 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. AND FURTHER RESOLVED, that the Town Clerk file this local law with the Secretary of State as required by law and notify the Town Supervisor when the local law is in effect. Moved: Mr. Goldman Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 8/9/16 *Resolution 2016-147-: In Support Of Tompkins Consolidated Area Transit, Inc. WHEREAS, Tompkins Consolidated Area Transit, Inc. (TCAT) operates an outstanding public transportation service that provides people in the Town of Ulysses with mobility and access to employment, community resources, medical care, and recreational opportunities, and WHEREAS, every day people in the Town of Ulysses depend on TCAT to provide a basic and essential mobility service that is relied upon, particularly by those without access to a car, and WHEREAS, to respond to fiscal pressures and a shortage of drivers, TCAT has been forced to make significant cuts in service, and WHEREAS, these potentially permanent cuts in service will disproportionately affect working poor families, immigrants, and students, and WHEREAS, in the Town of Ulysses there is a large number of residents who are members of young families, senior citizens on fixed incomes, immigrants, students, and people who work and earn less than a living wage who regularly depend on the services of TCAT, WHEREAS, the Town of Ulysses has requested increased services in the evenings to support local businesses and to enable town residents working in Ithaca to access public transportation in the evening hours, NOW THEREFORE BE IT RESOLVED, That the Town of Ulysses encourages municipalities in Tompkins County to promote and advocate on behalf of TCAT and consider ways to alleviate the burden of meeting transportation needs of the community, such as creating more Park and Ride hubs, creating more trails and greenways for 85 walking and bicycling, supporting more rideshare opportunities in towns, villages, the local mall, shopping centers, parks, and business centers, and be it FURTHER RESOLVED, That the Town of Ulysses supports promoting creative solutions such as Gadabout and FISH (Friends In Service Helping), and keeping the public transit needs of our residents high on our municipal agendas, and be it FURTHER RESOLVED, That the Town of Ulysses calls upon Tompkins County’s State Representatives to encourage all New York State Legislators to recognize and financially support public transit and its vital role in our battle against poverty and in meeting our economic development goals, and FURTHER RESOLVED, That a copy of this resolution be forwarded to all municipalities in Tompkins County, United States Senators Schumer and Gillibrand, United States Congressman Tom Reed; New York State Assemblywoman Lifton, New York State Senators Seward, O’Mara, and Nozzolio, New York State Governor Cuomo, and President Obama. Moved: Mr. Boggs Seconded: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs nay Mr. Goldman aye Vote: 4-1 Date Adopted: 8/9/16 *Resolution 2016-148: Approval Of Minutes: 7/26 BE IT RESOLVED that the Ulysses Town Board approve the minutes of 7/26 as edited by Ms. Thomas and Zahler. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 8/9/16 *Resolution 2016-149: Budget Modifications BE IT RESOLVED that the Ulysses Town Board approve the attached budget modifications: A FUND BUDGET MODIFICATIONS A1110.121 Town Justice Clerk Special Projects PS Create -- Per board resolution 2016-85 A1110.121 Town Justice Clerk Special Projects PS Increase $3,965 86 Per board resolution 2016-85 A1990.4 A Fund Contingency Decrease $3,965 A fund contingency line balance = $7,672 A1220.4 Supervisor CE Increase $1891.04 The 2015 budget included costs associated with the transition to the new accounting software. Due to the process these costs were not incurred until 2016 and have been taken out of the Supervisor CE line. In order to accurately reflect annual reoccurring costs to this line a budget modification is requested to use fund balance for this cost. A917 A Fund Unassigned Fund Balance Decrease $1891.04 Please see the above explanation. A1320.4 Auditor CE Increase $2000 The balance in the audit portion of A915 assigned fund will be $5,762 after this $2000 appropriation. A915 Audit portion Decrease $2000 Please see the above explanation. SW3 FUND BUDGET MODIFICATIONS SW3-8330.4 Water purification, Equip, & Cap Outlay CE Increase $4045.73 Unforeseen expense of income survey for Water District 3 SW3-915 SW3 Fund Balance Decrease $4045.73 Approximate fund balance after modification: $64,749.95 Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 8/9/16 *Resolution 2016-150: Approval Of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims #410-458 in the amount of $138,828.91. Moved: Mr. Goldman Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 8/9/16 87 SEPTEMBER 13TH, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-151: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for September 13, 2016 with the addition of approving the hiring and pay rate for a code inspector, and an executive session to discuss the proposed acquisition, sale or lease of real property. Moved: Mr. Goldman Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 9/13/16 *Resolution 2016-152: Resolution Directing Election On Adoption Of Local Laws WHEREAS, the Town Board of the Town of Ulysses (“the Town Board”) on August 9, 2016 adopted Local Law No. 2 of 2016 entitled “A Local Law Providing for the Abolition of the Elected Position of Highway Superintendent and the Creation of the Appointed Position of Highway Superintendent of the Town of Ulysses” subject to a mandatory referendum, and the Local Law needs to be renumbered to Local Law No. 4 of 2016 to reflect the order of filing of local laws with the Secretary of State; and WHEREAS, the Town Board on August 9, 2016 adopted Local Law No. 3 entitled “A Local Law Providing for the Abolition of the Elected Position of Town Clerk and the Creation of the Appointed Position of Town Clerk of the Town of Ulysses” subject to a mandatory referendum; and NOW, THEREFORE, pursuant to the provisions of §82 of the Town Law and §25 of the Municipal Home Rule Law and other applicable provisions of law, be it RESOLVED that Local Law No. 2 of 2016 entitled “A Local Law Providing for the Abolition of the Elected Position of Highway Superintendent and the Creation of the Appointed Position of Highway Superintendent of the Town of Ulysses” shall be renumbered and shall hereafter be referred to Local Law No. 4 of 2016; and be it further RESOLVED, that an Election shall be held in the Town of Ulysses (to coincide with the general election for state and federal offices on November 8, 2016) as set forth in the Notice of Election attached hereto and made a part hereof; and be it further RESOLVED that the Town Clerk shall submit the propositions to be voted upon, as set forth in the Notice of Election, an abstract for each proposition referred to in the Notice of Election, attached hereto and made a part hereof, and all other documents required by applicable law, to the Tompkins County Board of Elections. The question of the adoption of this Resolution was duly put to a vote at a Town Board meeting on September 13, 2016, which resulted as follows: Moved: Mr. Goldman Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler nay Mr. Boggs aye 88 Mr. Goldman aye Vote: 4-1 Date Adopted: 9/13/16 *Resolution 2016-153: Solar Taxation Policy To Require A Pilot For Solar Projects WHEREAS, the Town of Ulysses Comprehensive Plan readopted in 2016 stresses sustainable land use and development including objective 2.4, which states, “Identify alternative energy sources and energy reduction techniques to assist the Town in reducing its energy consumption for the benefit of current and future generations of residents;” and WHEREAS, the Town of Ulysses Town Board amended the zoning law in November 2015 in order to allow major solar energy systems throughout a majority of the Town; and WHEREAS, the Town of Ulysses did not opt out of Real Property Tax Law § 487, which provides a 15-year real property tax exemption for the value of renewable energy systems – both residential and commercial; and WHEREAS, the Town can still require a payment in lieu of taxes (PILOT) agreement for some or all renewable energy systems, where the PILOT cannot exceed the amount of taxes that would be owed without the exemption; and WHEREAS, the Town collects site plan review and building permit fees for solar energy systems; NOW THEREFORE BE IT Resolved, that the Town of Ulysses establishes its intent to develop a policy and guidelines to require a payment in lieu of taxes for major solar energy systems because the tax burden of land and the built environment should be shared amongst all land uses; BE IT ALSO Resolved, that the Town Board of the Town of Ulysses authorizes the Town Supervisor to send a letter of intent to require a PILOT for all future proposed major energy systems. Moved: Ms. Zahler Seconded: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Hertzler abstain Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 9/13/16 *Resolution 2016-154: Town Of Ulysses Resolution To Participate In New York State Department Of Environmental Conservation’s “Climate Smart Communities” Initiative. WHEREAS, the Town of Ulysses Board believes that climate change poses a real and increasing threat to our local and global environments which is primarily due to the burning of fossil fuels; and WHEREAS, the effects of climate change may endanger our infrastructure, economy and livelihoods; harm our farms, orchards, ecological communities, including native fish and wildlife populations; reduce drinking water supplies; and pose potential health threats to our citizens; and WHEREAS, we believe that our response to climate change provides us with an unprecedented opportunity to save money, and to build livable, energy-independent and secure communities, vibrant innovative economies, healthy and safe schools, and resilient infrastructures; and WHEREAS, we believe the scale of greenhouse gas (GHG) emissions reductions required for climate stabilization will require sustained and substantial efforts; and 89 WHEREAS, we believe that even if emissions were dramatically reduced today, communities would still be required to adapt to the effects of climate change for decades to come, IT IS HEREBY RESOLVED that Town of Ulysses, in order to reduce greenhouse gas emissions and adapt to a changing climate adopts the New York State Climate Smart Communities Pledge, which comprises the following ten elements: Pledge to be a Climate Smart Community. Set goals, inventory emissions, plan for climate action. Decrease community energy use. Increase community use of renewable energy. Realize benefits of recycling and other climate-smart solid waste management practices. Reduce greenhouse gas emissions through use of climate-smart land-use tools. Enhance community resilience and prepare for the effects of climate change. Support development of a green innovation economy. Inform and inspire the public. Commit to an evolving process of climate action. Further RESOLVED that the Town Clerk mail a certified copy of the resolution to the Office of Climate Change, NYS DEC, 625 Broadway, Ninth Floor, Albany, NY 12233-1030; and further RESOLVED that after passage of this resolution, the Town Clerk will print a copy of the Climate Smart Communities Certification Manual. Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/13/16 *Resolution 2016-155: Considering Water District 4 Loan Satisfied WHEREAS funds from Water District 4 have been transferred annually to the B fund to cover a loan which appears to have begun in 2006, and WHEREAS documentation of the debt amount cannot be found nor accurately calculated due to unclear accounting history and related documentation, and, WHEREAS no formal resolution can be found establishing this inter-fund loan, and, THEREFORE BE IT RESOLVED that the Ulysses Town Board considers the debt of the Water District 4 to the B fund to be satisfied. Moved: Mr. Goldman Seconded: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 90 Date Adopted: 9/13/16 *Resolution 2016-156: Appointment Of Code/Fire Inspector RESOLVED that the Town Board approves the appointment of Steve Cortright as a part-time Code Enforcement Officer at a rate of $20/hour, subject to a satisfactory records check. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/13/16 *Resolution 2016-157: Approval Of Minutes: 8/9 PH For Tax Levy, 8/9 PIM, 8/9 STB, 8/9 PH, 8/9 TB BE IT RESOLVED that the Ulysses Town Board approve the minutes of 8/9/16. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/13/16 *Resolution 2016-158: Approval Of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims #459-511 in the amount of $71,813.11. Moved: Ms. Thomas Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/13/16 SEPTEMBER 27TH, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-159: Approval Of Meeting Agenda 91 BE IT RESOLVED that the Ulysses Town Board approve the agenda for September 27, 2016. Moved: Mr. Hertzler Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/27/16 *Resolution 2016-160: Authorizing the Supervisor to Sign a Contract With MRB to Complete The NEPA Report for the USDA Grant WHEREAS remediating the trihalomethanes in the drinking water in Ulysses Water District 3 could cost approximately $1,000,000, and WHEREAS the United States Department of Agriculture’s (USDA) Rural Development program has not only loans but also grants which could alleviate a large portion of the cost of remediation efforts, and WHEREAS the same engineering report prepared for the application to the NYS Environmental Facilities Corporation can be used for the application to Rural Development, THEREFORE BE IT RESOLVED that the Ulysses Town Board authorizes the Town Supervisor to sign the needed NEPA (National Environmental Protection Act) contract with MRB for $5000 dated Sept. 19, 2016. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler nay Mr. Boggs nay Mr. Goldman aye Vote: 3-2 Date Adopted: 9/27/16 *Resolution 2016-161: Authorizing Application for Funding to the United States Department Of Agriculture’s (USDA) Rural Development Funding Program RESOLVED that the Ulysses Town Board authorize the Town Supervisor to proceed in applying for funding through USDA Rural Dev. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler nay Mr. Boggs nay Mr. Goldman aye 92 Vote: 3-2 Date Adopted: 9/27/16 *Resolution 2016-162: Approval Of Minutes: 9/13/16 BE IT RESOLVED that the Ulysses Town Board approve the minutes of 9/13/16. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/27/16 OCTOBER 11th, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-163: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for October 11, 2016 with the addition of adding Approval of Claims and changing the time of the 11/8 meeting. Moved: Mr. Goldman Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/11/16 *Resolution 2016-164: Resolution to Adopt t he Preliminary Budget For 2017 WHEREAS the Town Supervisor filed the 2017 Tentative Budget to the Town Clerk and the Town Board on September 27, 2016, and WHEREAS the Town Board discussed and considered the 2017 Tentative Budget at meetings on 9/27, 9/29, 10/6 and 10/11/2016, Now Therefore be it RESOLVED that the Town Board accepts the 2017 Tentative Budget as the Preliminary Budget for 2017 for the Town of Ulysses, and further RESOLVED that the Town Board hold a public hearing at 10 Elm Street, Trumansburg, NY, on Tuesday, October 25, 2016 at 6:30pm for the purpose of hearing public comments on the Town of Ulysses 2017 Preliminary Budget. Moved: Mr. Boggs Seconded: Mr. Goldman 93 (The clerk called a roll-call vote:) Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/11/16 *Resolution 2016-165: Cancelling the 10/13 Meeting Mr. Goldman moved to cancel the budget meeting on 10/13, seconded by Ms. Thomas. Moved: Mr. Goldman Seconded: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/11/16 *Resolution 2016-166: Relevy of Delinquent Water Fees WHEREAS Town Code Chapter 261 and Town Code Chapter 210 provide for all delinquent accounts for payment of water and sewer rents and related charges to be placed on the ensuing years tax roll as a re-levy; and WHEREAS, $7866.30 of delinquent water charges, inclusive of penalties and related surcharges, spanning from the last 4 billing periods (November 2015 to August 2016) remain unpaid and due to the Town as of Oct.1, 2016 and need to be re-levied onto the 2017 Town and County Tax Bills; NOW THEREFORE BE IT RESOLVED, that the Ulysses Town Board approves the relevy of delinquent water charges totaling $7866.30 for re-levy to the 2017 Town and County Tax Roll; and be it further RESOLVED, that a certified copy of this resolution along with a listing of those re-levied water charges will be delivered to Tompkins County Assessment Department by the Town Receiver of Taxes for the purpose of adding these delinquent charges to the 2017 Town and County Tax Roll. Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/11/16 94 *Resolution 2016-167: Changing the Time of ohe 11/8 Meeting Mr. Goldman moved to change the 11/8 Town Board meeting to 5pm. Moved: Mr. Goldman Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/11/16 *Resolution 2016-168: Approval Of Minutes: 9/27, 9/28, 9/29, 10/6 BE IT RESOLVED that the Ulysses Town Board approve the minutes 9/27, 9/28, 9/29, 10/6. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/11/16 *Resolution 2016-169: Approval of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims #512-557 in the amount of $70,101.93. Moved: Ms. Thomas Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/11/16 OCTOBER 25th, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-170: Approval of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for October 25, 2016 with the addition of an Executive Session to discuss a particular person. Moved: Mr. Boggs Seconded: Mr. Goldman 95 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/25/16 *Resolution 2016-171: Declaring the Intent to be Lead Agency WHEREAS, the Town of Ulysses Town Board (hereinafter referred to as Town Board) has reviewed the SEQR Full Environmental Assessment Form (EAF) Part 1, prepared by MRB Group (hereinafter referred to as Town Engineer) on the above referenced Town of Ulysses Disinfection By-Product Removal Project Water District #3 (hereinafter referred to as Action); and WHEREAS, the Town Board determines that said Action is classified as a Type 1 Action under the State Environmental Quality Review (SEQR) Regulations; and WHEREAS, the Town Board determines that said Action is also subject to a review and approval by other involved agencies under the SEQR Regulations; and WHEREAS, the Town Board determines that it is the most appropriate agency to insure the coordination of this Action and will provide written notifications to involved agencies, for the purposes of conducting a coordinated review and making the determination of significance thereon under the SEQR Regulations; and NOW, THEREFORE BE IT RESOLVED that the Town Board does hereby declare its intent to be designated as the lead agency for the Action. BE IT FURTHER RESOLVED, that the Town Engineer is directed to provide notice hereof to the involved and interested agencies, seeking their agreement (or objection thereto) in writing on or before noon on Monday, November 28, 2016. Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler abstain Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 10/25/16 *Resolution 2016-172: Authorizing the Cost of Preparation of a Map, Plan and Report Regarding the Establishment of Water District No. 5 on Falls Road WHEREAS, the Village of Trumansburg’s second source of drinking water required a water transmission line to be installed on Falls Road in the Town of Ulysses, which creates the opportunity for the Town to create a water district serving approximately 20 parcels of real estate in the Falls Road area; and WHEREAS, owners of real property in the Falls Road area have expressed interest in having the town create a water district. The Town Board determined interest through both a survey sent out on March 14, 2016 and also at a meeting with property owners in the Falls Road area held on May 23, 2016 at 7:00 p.m., and 96 WHEREAS, a majority of the property owners in the Falls Road were interested in knowing what the cost of establishment of a water district would be to its users; and WHEREAS, the Town Board of the Town of Ulysses (the “Town”) wishes to determine the cost of establishment of a water district in the Falls Road area in the Town, to be known as Water District No. 5, and in order to do so, needs a Map, Plan and Report that complies with the requirements of Article 12-A of the Town Law; NOW, THEREFORE, BE IT RESOLVED that, pursuant to Town Law § 209-b, the sum not to exceed $7,700.00 is appropriated to pay the cost of preparing a general map, plan, and report for forming Water District No. 5 (as provided by Town Law § 209-a) for the provision of water within the Town in the Falls Road area; and it is further RESOLVED, that the Town Supervisor is authorized to enter into a written agreement with MRB Group, Engineering, Architecture, Surveying, P.C., on the terms set forth in their “Proposal for Professional Services: Falls Road Water District Evaluation” dated October 13, 2016, to prepare the Map, Plan and Report and perform other services as set forth in the Proposal; and it is further RESOLVED that this resolution is determined to be subject to permissive referendum as provided by General Municipal Law § 6-c and Town Law §§ 90 to 94, and shall not take effect until thirty (30) days from the date hereof pursuant to Town Law § 91, and that no expenditure shall be made prior to expiration of said 30-day period, and that no expenditure shall take place after said period if a Petition has been duly filed pursuant to Town Law § 91. Moved: Ms. Thomas Seconded: Ms. Zahler Discussion: The board entered into a discussion with Mr. Davis and Mr. Stevenson regarding the Map, Plan and Report and water district formation. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/25/16 *Resolution 2016-173: Adopt the Preliminary Budget for 2017 WHEREAS the Town Board of Ulysses adopted the Preliminary Budget for 2017 on October 11, 2016, and WHEREAS the Town Board held a Public Hearing on October 25, 2016 where all members of the public were able to comment on the Preliminary Budget. NOW THEREFORE BE IT RESOLVED that the Town Board accepts the 2017 Preliminary Budget as amended to become the Final Budget for 2017 for the Town of Ulysses with a resulting 1.92% increase in the tax levy and a 0.82% increase in the final tax rate of $2.5830/$1,000 taxable assessed value. Moved: Ms. Zahler Seconded: Mr. Goldman A roll-call vote was called by the Town Clerk: 97 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/25/16 *Resolution 2016-174: Approval of Minutes: 10/11/16 BE IT RESOLVED that the Ulysses Town Board approve the minutes of 10/11/16. Moved: Ms. Zahler Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/11/16 *Resolution 2016-175: Authorized Representative For Rural Development Grant – Thomas WHEREAS the Town of Ulysses (TIN # number 15-6001172) is seeking funding through USDA Rural Development using the online RD Apply system, and, WHEREAS the Ulysses Town Board wishes to make Elizabeth G. Thomas an authorized representative for the Town of Ulysses for the RD Apply application, THEREFORE BE IT RESOLVED that the Ulysses Town Board declares Elizabeth G. Thomas to be an Authorized Representative for the Town of Ulysses, and further RESOLVED that the Ulysses Town Clerk, Carissa Parlato, will provide a certified copy of this resolution to Deputy Supervisor Michelle E. Wright for upload to the RD Apply system. Moved: Mr. Hertzler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/25/16 *Resolution 2016-176: Authorized Representative for Rural Development Grant – Wright WHEREAS the Town of Ulysses (TIN # number 15-6001172) is seeking funding through USDA Rural Development using the online RD Apply system, and, WHEREAS the Ulysses Town Board wishes to make Michelle E. Wright an authorized representative for the Town of Ulysses for the RD Apply application, 98 THEREFORE BE IT RESOLVED that the Ulysses Town Board declares Michelle E. Wright to be an Authorized Representative for the Town of Ulysses, and further RESOLVED that the Ulysses Town Clerk, Carissa Parlato, will provide a certified copy of this resolution to Deputy Supervisor Michelle E. Wright for upload to the RD Apply system. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/25/16 *Resolution 2016-177: Authorized Representative for Rural Development Grant – Davis WHEREAS the Town of Ulysses (TIN # number 15-6001172) is seeking funding through USDA Rural Development using the online RD Apply system, and, WHEREAS the Ulysses Town Board wishes to make William "Bill" Davis, Team Leader at MRB Engineering Group, an authorized representative for the Town of Ulysses for the RD Apply application, THEREFORE BE IT RESOLVED that the Ulysses Town Board declares William "Bill" Davis to be an Authorized Representative for the Town of Ulysses, and further RESOLVED that the Ulysses Town Clerk, Carissa Parlato, will provide a certified copy of this resolution to Deputy Supervisor Michelle E. Wright for upload to the RD Apply system. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/25/16 *Resolution 2016-178: Authorized Representative for Rural Development Grant – Mckenna WHEREAS the Town of Ulysses (TIN # number 15-6001172) is seeking funding through USDA Rural Development using the online RD Apply system, and, WHEREAS the Ulysses Town Board wishes to make Matthew McKenna employee of the MRB Engineering Group, an authorized representative for the Town of Ulysses for the RD Apply application, THEREFORE BE IT RESOLVED that the Ulysses Town Board declares Matthew McKenna to be an Authorized Representative for the Town of Ulysses, and further RESOLVED that the Ulysses Town Clerk, Carissa Parlato, will provide a certified copy of this resolution to Deputy Supervisor Michelle E. Wright for upload to the RD Apply system. Moved: Ms. Thomas Seconded: Ms. Zahler 99 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/25/16 *Resolution 2016-179: Budget Modifications BE IT RESOLVED that the Ulysses Town Board approves the following budget modification to the B fund. B9901.94 Interfund Transfer Increase $7,295.55 Per resolution 2016-155, the interfund loan between WD4 and the B fund has been satisfied. The B fund has been carrying this amount as a loan from WD4 on its balance sheet--which has essentially counted as anticipated revenue to the B fund, in municipal accounting this anticipated revenue is included in the total fund balance figure. According to the logic and principles that govern governmental accounting, the elimination of that loan should be treated as an expense in the B fund, and a revenue in the WD4 fund. Essentially what is happening is that the B fund is “transferring” funds to WD4 and recording an expense. The WD4 fund is recording a revenue for the forgiven loan from the B fund, so that the transactions between funds are balanced. B915 B Fund Balance Decrease $7,295.55 Please see the above explanation. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/25/16 *Personnel Policy Amendments (Two Motions) MOTION: A motion was made by Mr. Goldman and seconded by Mr. Boggs to remove the last sentence from the Pre-Tax Insurance Premiums paragraph on page 61 of the policy. Ms. Thomas absent Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye 100 Vote: 4-0 Date Adopted: 10/25/16 MOTION: A motion was made by Mr. Goldman and seconded by Mr. Hertzler to make the following changes, subject to legal review: Health Savings Accounts (HSAs) The IRS allows employers and eligible employees to contribute to HSAs. In 2017, tThe Town will contribute to a health savings account (HSA) for each employees who are is eligible and signed up for health insurance through the town. The rate amount of the employer contribution to the HSA will be determined annually by resolution by of the Town Board. Employees or Elected Officials may contribute pre-tax dollars to their HSA in addition to funds the town has contributed up to the combined allowable limit as determined by the IRS. Funds belong to the employee or elected official, subject to IRS regulations. and may be used for a variety of health care expenses. Ms. Thomas absent Ms. Zahler aye Mr. Hertzler aye Mr. Boggs abstain Mr. Goldman aye Vote: 3-0 Date Adopted: 10/25/16 NOVEMBER 8th, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-180: Approval of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for November 8, 2016 with the addition of a new Youth commission representative and removal of outside users for WD3. Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 11/8/16 *Resolution 2016-181: Appointment of Elizabeth Meg Williams to Youth Commission Whereas, the Joint Youth Commission serves those in the Trumansburg Central School District and Town of Ulysses least likely to be involved in other school and community programs and Whereas, one of two Town-appointed seats is currently vacant and Whereas, Elizabeth Meg Williams resides in the Trumansburg School District and is interested in serving as a volunteer on the Joint Youth Commission and 101 Whereas, Ms. Williams has extensive background in serving children and youth and program development which are skills needed by the Youth Commission, now therefore be it Resolved, that Elizabeth Meg Williams is appointed by the Town of Ulysses effective immediately to replace Heidi Dawes, who has resigned from one of the Town's two at-large seats on the Joint Youth Commission. Moved: Ms. Zahler Seconded: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 11/8/16 *Resolution 2016-182: Resolution to Amend the Personnel Policy Ms. Zahler moves to adopt revised version section 706 of the Personnel Policy to read as follows: (Section 706) Health Savings Accounts The IRS allows employers and eligible employees to contribute to HSAs. The Town will contribute to a health savings account (HSA) for each employee who is eligible and signed up for health insurance through the town. Annually, the town board will contribute the full amount of the in-network deductible, provided that the deductible does not exceed 44% of the in-network, out-of-pocket maximum. Employees or Elected Officials may contribute pre-tax dollars to their HSA in addition to funds the town has contributed up to the combined allowable limit as determined by the IRS. Funds belong to the employee or elected official, subject to IRS regulations. Moved: Mr. Goldman Seconded: Mr. Boggs Ms. Thomas abstain Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote:4-0 Date Adopted: 11/8/16 *Resolution 2016-183: Setting a Joint Public Hearing for the Fire Contract BE IT RESOLVED that the Ulysses Town Board hold a Joint Public Hearing on the 2017 Fire Contract at 6:30pm on 11/22/ 2016 at the Ulysses Town Hall. Moved: Mr. Goldman Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye 102 Mr. Goldman aye Vote: 5-0 Date Adopted: 11/8/16 *Resolution 2016-184: Approval of Minutes: 10/25 PH, 10/25 TB BE IT RESOLVED that the Ulysses Town Board approve the minutes as edited by Ms. Thomas. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 11/8/16 *Resolution 2016-185: Budget Modifications BE IT RESOLVED that the Ulysses Town Board approve the following modifications to the 2016 budget. SW3 FUND BUDGET MODIFICATIONS SW3-8330.4 Water Purification Contractual Increase $1,784.99 Additional costs due to TTHM remediation work in water district: engineering work required for funding opportunities. Preliminary engineering report and environmental report for NEPA. Moved: Ms. Thomas Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 11/8/16 *Resolution 2016-186: Approval of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims #558-609 in the amount of $40,496.62. Moved: Ms. Thomas Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye 103 Vote: 5-0 Date Adopted: 11/8/16 NOVEMBER 22th, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-187: Approval of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for November 22, 2016. Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 11/22/16 *Resolution 2016-188: Personnel Policy Update RESOLVED that the Town Board of the Town of Ulysses amends the Personnel Policy for the Town of Ulysses as submitted to the Town Board. Moved: Mr. Goldman Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 11/22/16 *Resolution 2016-189: Fire Contract Approval WHEREAS, a fire protection district known as “the Fire Protection District of the Towns of Ulysses, Hector and Covert” (hereafter referred to as “the Fire Protection District”) has been duly established in the said towns; and WHEREAS, the Fire Protection District encompasses the following territory in the Town of Ulysses: All of the Town of Ulysses, excepting the area within the limits of the incorporated Village of Trumansburg; and WHEREAS, the Village of Trumansburg (hereafter referred to as “the Village”) maintains a volunteer fire department, with adequate and suitable apparatus, equipment and training for the furnishing of fire protection services within the Fire Protection District; and WHEREAS, Town Law §184 permits a town to contract with a village which maintains adequate and suitable apparatus and appliances for the furnishing of fire protection services in such fire protection district; and WHEREAS, the Town wishes to contract with the Village to provide fire protection services in the Fire Protection District; and 104 WHEREAS, a public hearing as required by §184 of the Town Law was duly advertised on November 11, 2016, and was held on November 22, 2016 at 6:30 p.m. at the Town of Ulysses Town Hall, NOW, THEREFORE, BE IT RESOLVED THAT: The Town Board of the Town of Ulysses hereby approves and authorizes execution of the attached Agreement between the Village and the Town, whereby the Village will provide the Town with fire protection capable of responding to fire related and health related emergencies on an ongoing basis within the Fire Protection District, for the period from January 1, 2017 until December 31, 2017. And be it further RESOLVED that, pursuant to the Agreement, the Town shall pay the Village the sum of $208,716 for such services, on or before March 1, 2017. And be it further RESOLVED that, the Supervisor of the Town of Ulysses is hereby authorized to execute the Agreement on behalf of the Town of Ulysses. Moved: Mr. Hertzler Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 11/22/16 *Resolution 2016-190: EMS Contract Approval WHEREAS, the Town Board established the Town of Ulysses Ambulance District by resolution adopted on March 12, 2013; and WHEREAS, pursuant to Town Law §198(10-f) (a) (ii) and (iii), the Town Board is authorized to contract with a municipal corporation on behalf of an ambulance district for provision of ambulance services; and WHEREAS, the Village of Trumansburg (hereafter referred to as “The Village”), a municipal corporation, maintains an ambulance department with a basic and advanced life support transporting ambulance service; and WHEREAS, the Town wishes to provide ambulance services to its residents in the Town of Ulysses Ambulance District; and WHEREAS, such emergency services are vital and necessary to the health and welfare of the inhabitants of the Town; and WHEREAS, in joint cooperation as contemplated by General Municipal Law 122-b, the Town and the Village wish to cooperate to provide an ambulance service to persons situated in the Town of Ulysses Ambulance District; NOW, THEREFORE, BE IT RESOLVED THAT: The Town Board of the Town of Ulysses, on behalf of the Town of Ulysses Ambulance District, hereby approves and authorizes execution of the attached Agreement between the Village and the Town, whereby the Village will provide the Town with basic and advanced life support emergency medical ambulance services, which complies with the regulations of the New York State Department of Health, Bureau of Emergency Medical Services to serve the emergency medical needs of those persons within the boundaries of the Town of Ulysses Ambulance District. Services to be provided include Basic Life Support transport and treatment and arranging for or providing Advanced Life Support Treatment. And be it further 105 RESOLVED that pursuant to the Agreement, the Town shall pay the Village the sum of $323,522 for such services, on or before March 1, 2017. And be it further BE IT FURTHER RESOLVED THAT, pursuant to Town Law §198(11), the Agreement shall be executed by the signatures of a majority of the members of the Town Board. Moved: Mr. Hertzler Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 11/22/16 *Resolution 2016-191: Resolution Approving Execution of Out-Of-District Water User Agreement for Water District #3 BE IT RESOLVED WHEREAS, TIMOTHY M. CARDINA AND REBECCA CARDINA, (“the Owners”) are the owners of a parcel of real property located on Swamp College Road, in the Town of Ulysses, County of Tompkins and State of New York, Town of Ulysses tax parcel number 20.-4-4 (“the Property”); and WHEREAS, the Owners’ well on the Property ran dry during the summer of 2016 and they have no source of potable water; and WHEREAS, the Owners requested permission to connect to the existing Water District No. 3 in the Town of Ulysses (“the District”), owned and operated by the Town, and to extend water service to the Property; and WHEREAS, a water service line for the District is located in the road right-of-way of the Property; and WHEREAS, after discussion and evaluation, the Town has prior hereto determined that forming a Town water district incorporating the property as indicated above would not be financially feasible and prudent; and WHEREAS, on behalf of the District, the Town may benefit from the offsetting revenue from this Owner, and may benefit from the additional draw of water through the Water District water system which may improve water quality, and is willing to consent to the connection of the Property to the District (“the Connection”) on the terms set forth in this Agreement. NOW, THEREFORE, BE IT RESOLVED that the Town Board approves the terms of the Out-of-District Water User Agreement (“the Agreement”) attached to this Resolution; and be it further RESOLVED that the Town Board authorizes the Town Supervisor to execute the Agreement. Moved: Ms. Thomas Seconded: Mr. Hertzler Ms. Zahler moved to amend the cost to 110% in sections 7b and c, seconded by Mr. Goldman. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent 106 Mr. Goldman aye Vote: 4-0 Date Adopted: 11/22/16 *Resolution 2016-192: Approval of Minutes: 11/8/16 BE IT RES OLVED that the Ulysses Town Board approve the minutes of 11/8/16. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs absent Mr. Goldman aye Vote: 4-0 Date Adopted: 11/22/16 DECEMBER 13th, 2016: REGULAR TOWN BOARD MEETING *Resolution 2016-193: Approval of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for December 13, 2016 with the addition of an Executive Session to discuss the acquisition of property. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/13/16 *Resolution 2016-194: SEQR Resolution Designating Town of Ulysses as Lead Agency WHEREAS, the Town of Ulysses Town Board (hereinafter referred to as Town Board) has on Tuesday, October 25, 2016 declared its intent to be designated the Lead Agency for the Town of Ulysses Disinfection By-Product Removal Project under the provisions of the State Environmental Quality Review (SEQR) Regulations; and WHEREAS, the Town Board has provided written notices to this effect to the involved and interested agencies; and WHEREAS, the Town Board has not received any written objections from the involved agencies to the Board’s being designated as the lead agency under the SEQR Regulations; and 107 WHEREAS, the Town Board has previously determined that it is the most appropriate agency to insure the coordination of this Action and for making the determination of significance thereon under the SEQR Regulations. NOW, THEREFORE BE IT RESOLVED that the Town Board does hereby designate itself as the lead agency for the Action identified above herein; Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs nay Mr. Goldman aye Vote: 4-0 Date Adopted: 12/13/16 *Resolution 2016-195: SEQR Resolution Determination of Environmental Significance WHEREAS, the Town of Ulysses Town Board (hereinafter referred to as Town Board) has determined the above referenced Action to be an Type 1 Action pursuant to Part 617 of the State Environmental Quality Review (SEQR) Regulations; and WHEREAS, the Town Board has reviewed and accepted the completed Full Environmental Assessment Form Parts 1, 2, and 3 on the Action prepared by the MRB Group; and WHEREAS, the Town Board has completed the coordinated review and public comment period provided for under the SEQR Regulations; and WHEREAS, the Town Board has designated itself as lead agency under the SEQR Regulations for making the determination of significance upon said action; and WHEREAS, the Town Board has given consideration to the criteria for determining significance as set forth in Section 617.7(c) (1) of the SEQR Regulations and the information contained in Full Environmental Assessment Form Parts 1, 2, and 3. NOW THEREFORE BE IT RESOLVED, that said Action WILL NOT result in any significant adverse environmental impacts based on the review of the Full Environmental Assessment Form; and BE IT FINALLY RESOLVED that the Town Board does hereby make a Determination of Non-Significance on said Action, and the Supervisor is hereby directed to issue the Negative Declaration as evidence of the Town Board determination of environmental non-significance. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs nay Mr. Goldman aye Vote: 4-0 Date Adopted: 12/13/16 *Resolution 2016-196: Police Contract with The Village of Trumansburg BE IT RESOLVED that the Ulysses Town Board approves the extension of the 2016 Intermunicipal Cooperative Agreement with the Village of Trumansburg, providing for limited police services by the Village in the Town, through 2017, pursuant to the terms and conditions of the 2016 agreement. 108 Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/13/16 *Resolution 2016-197: Setting the Organizational Meeting Date BE IT RESOLVED that the Ulysses Town Board sets the date for the Organizational Meeting of the Town of Ulysses for January 4, 2017 at 8am at the Ulysses Town Hall. Moved: Mr. Hertzler Seconded: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/13/16 *Resolution 2016-198: Cancelling the Second Town Board Meeting in December BE IT RESOLVED that the Ulysses Town Board cancels the Town Board meeting scheduled for December 27, 2016. Moved: Mr. Goldman Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/13/16 *Resolution 2016-199: Consider Worker’s Compensation Insurance Quotes WHEREAS the Town of Ulysses asked for quotes for Worker’s Compensation Insurance coverage for 2017, and received three quotes. BE IT RESOLVED that the Ulysses Town Board accepts the quote from Comp Alliance dated Jan. 2017 rate book for $20,995 for Worker’s Compensation Insurance for the year 2017. Moved: Ms. Thomas Seconded: Mr. Goldman 109 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/13/16 *Resolution 2016-200: Approval Of Minutes: 11/22 Ph, 11/22 Stb, 11/22 Tb BE IT RESOLVED that the Ulysses Town Board approve the minutes. Moved: Mr. Goldman Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/13/16 *Resolution 2016-201: Approval of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims #610-681 in the amount of $181,033.06. Moved: Ms. Thomas Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Boggs aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/13/16