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Home My WebLink About2015 Index of Resolutions1 INDEX OF 2015 RESOLUTIONS Contents INDEX OF 2015 RESOLUTIONS ................................................................................................................................. 1 JANUARY 7, 2015 – ORGANIZATIONAL MEETING ............................................................................................. 8 *Resolution #1- Monthly Board Meeting Dates ................................................................................................. 8 *Resolution #2- Designation of Media ................................................................................................................ 8 *Resolution #3- Review of Claims ....................................................................................................................... 8 *Resolution #4- Minutes ................................................................................................................................... 10 *Resolution #5- Mileage ................................................................................................................................... 10 *Resolution #6- Petty Cash ............................................................................................................................... 10 *Resolution #7- Crime Coverage ....................................................................................................................... 11 *Resolution #8- Financial Report ...................................................................................................................... 11 *Resolution #9- Financial Reconciliations ......................................................................................................... 11 *Resolution #10- Designation of Financial Institution ...................................................................................... 12 *Resolution #11- Financial Audit ...................................................................................................................... 12 *Resolution #12- Procurement Policy ............................................................................................................... 12 *Resolution #13- Establishment of Pay Periods and Salaries ........................................................................... 13 *Resolution #14- Establishment of Pay Rates ................................................................................................... 13 *Resolution #15- Time records ......................................................................................................................... 14 *Resolution #16- Town Board Liaisons ............................................................................................................. 15 *Resolution #17- Town Board appointments ................................................................................................... 16 *Resolution #18- Planning Board and Board of Zoning Appeals Appointments .............................................. 17 *Resolution #19- Appointment of Attorney for the Town................................................................................ 18 *Resolution #20- Information Technology Services ......................................................................................... 19 *Resolution #21- Cleaning Contract .................................................................................................................. 19 *Resolution #22- Maintenance ......................................................................................................................... 19 *Resolution #23- Policies- General ................................................................................................................... 20 *Resolution #24- Americans with Disabilities Act ............................................................................................. 20 *Resolution #25- Records (Resolution/Motion Index System) ......................................................................... 20 *Resolution #26- Records Retention Policy ...................................................................................................... 21 *Resolution #27- Records Access Officer .......................................................................................................... 21 *Resolution #28- Gifts ....................................................................................................................................... 21 *Resolution #29- Minutes of the Org. Mtg. ...................................................................................................... 22 *Resolution #30- Highway Agreements ............................................................................................................ 22 2 *Resolution #31- Appointment of Delegates to the Association of Towns Mtg. ............................................. 23 *Resolution #32- Payment of Contracts ........................................................................................................... 23 *Resolution #33- Approval of Agenda .............................................................................................................. 24 *Resolution #34- To Join a Coalition of Municipalities Against Storage of LPG Gas Under Seneca Lake Seeking Representation by the Natural Resources Defense Council (NRDC) ................................................................ 24 *Resolution #35- Authorization to Sign Stormwater Contract ......................................................................... 25 *Resolution #36- Budget Modifications ............................................................................................................ 25 *Resolution #37- Reimbursing Stormwater Costs ............................................................................................ 27 *Resolution #38- Approval of Claims ................................................................................................................ 28 JANUARY 27, 2015 – WORKING TOWN BOARD MEETING .............................................................................. 28 *Resolution #39- Approval of Agenda .............................................................................................................. 28 *Resolution #40- Record of Activities ............................................................................................................... 28 *Resolution #41- Authorization of Supervisor to Submit Trails Grant .............................................................. 29 *Resolution #42- Temporary Leadership Appointment.................................................................................... 30 *Resolution #43- Rescindment of Resolution 2015-35 ..................................................................................... 30 *Resolution #44- Approval of Minutes ............................................................................................................. 30 *Resolution #45- Approval of Claims ................................................................................................................ 30 *Resolution #46- Approval of Budget Modifications ........................................................................................ 31 FEBRUARY 10, 2015 – REGULAR TOWN BOARD MEETING ............................................................................. 32 *Resolution #47- Approval of Agenda .............................................................................................................. 32 *Resolution #48- Submitting Comments to the Public Service Commission for R.E.V. (Reforming the Energy Vision) ................................................................................................................................................................ 33 *Resolution #49- Approval of Minutes ............................................................................................................. 34 *Resolution #50- Approval of Claims ................................................................................................................ 34 FEBRUARY 24, 2015 – WORKING TOWN BOARD MEETING ............................................................................ 35 *Resolution #51- Approval of Minutes ............................................................................................................. 35 *Resolution #52- Acceptance of General Code Manuscript ............................................................................. 35 *Resolution #53- Selection for On-call Engineering Services and Contract Authorization ............................... 35 *Resolution #54- Fee for Use of Credit Cards to Make Payments to Town ...................................................... 36 *Resolution #55- Appointment of TTHM Working Group ................................................................................ 37 *Resolution #56- Allocation of Interest ............................................................................................................ 38 *Resolution #57- Approval of Minutes ............................................................................................................. 38 March 10, 2015 – REGULAR TOWN BOARD MEETING .................................................................................... 38 *Resolution #58- Approval of Meeting Agenda ................................................................................................ 38 *Resolution #59- Approval of Cooperative Extension Contract ....................................................................... 39 *Resolution #60- Setting Public Hearing for Appropriation of Bridge Funds ................................................... 39 *Resolution #61- Rescheduling EMS Lakeshore public information meeting scheduled for March 21, 2015 . 39 3 *Resolution #62- Approval of Minutes ............................................................................................................. 40 *Resolution #63- Approval of Claims ................................................................................................................ 40 MARCH 21, 2015 – SPECIAL TOWN BOARD MEETING- EMS on the Lakeshore (no resolutions) ................... 41 MARCH 24, 2015 – WORKING TOWN BOARD MEETING ................................................................................. 41 *Resolution #64- Approval of Meeting Agenda ................................................................................................ 41 *Resolution #65- Approval of Appropriation from the Bridge Repair Reserve ................................................ 41 *Resolution #66- Amendment to the Ag Committee Resolution ..................................................................... 41 *Resolution #67- Appointment of Alternate Representative to Greater Tompkins County Municipal Health Insurance Consortium Board of Directors......................................................................................................... 42 APRIL 14, 2015 – REGULAR TOWN BOARD MEETING ..................................................................................... 42 *Resolution #68- Approval of Meeting Agenda ................................................................................................ 42 *Resolution #69- Declaring Surplus Equipment ................................................................................................ 43 *Resolution #70- Authorizing the Highway Superintendent to Purchase a Vehicle ......................................... 43 *Resolution #71- Referral to Planning Board for Proposed Open Development Area Pursuant to Town Law Section 280a ...................................................................................................................................................... 43 *Resolution #72- Encroachment Resolution (with property neighboring the Town Hall) ............................... 44 *Resolution #73- Budget Modifications ............................................................................................................ 45 *Resolution #74- Approval of Claims ................................................................................................................ 45 *Resolution #75- Distribution of Late Fees on taxes ........................................................................................ 46 *Resolution #76- Approval of Minutes ............................................................................................................. 46 APRIL 28, 2015 – WORKING TOWN BOARD MEETING .................................................................................... 46 *Resolution #77- Approval of Agenda .............................................................................................................. 46 *Resolution #78- Authorization to sign Contract with MRB ............................................................................. 47 *Resolution #79- Amending the Personnel Policy ............................................................................................ 47 *Resolution #80- Tax Cap Savings ..................................................................................................................... 47 *Resolution #81- Approval of Minutes ............................................................................................................. 49 MAY 12, 2015 – WORKING TOWN BOARD MEETING ...................................................................................... 49 *Resolution #82- Approval of Agenda .............................................................................................................. 49 *Resolution #83- Approval of Claims ................................................................................................................ 49 *Resolution #84- Zoning changes for General Code ......................................................................................... 50 *Resolution #85- Solar Tompkins HeatSmart Program..................................................................................... 50 *Resolution #86- Approval of Minutes ............................................................................................................. 51 MAY 26, 2015 – WORKING TOWN BOARD MEETING ....................................................................................... 51 *Resolution #87- Approval of Agenda .............................................................................................................. 51 *Resolution #88- Potential Purchase of Property in Foreclosure ..................................................................... 52 *Resolution #89- Approval of Accounting Software Purchase ......................................................................... 52 *Resolution #90- Approval of NYSERDA Contract............................................................................................. 53 4 *Resolution #91- Authorizing the Supervisor to sign the Trails Grant .............................................................. 53 *Resolution #92- Urging the New York State Assembly to Adopt A2177-A Amending the NYS Tax Law to Establish a Tax Credit For the Purchase and Installation of Geothermal Energy Systems (Id #5635) .............. 53 *Resolution #93- Supporting a Single-Payer Approach to Health Care In New York State .............................. 54 *Resolution #94- Approval of Minutes of 5/12 ................................................................................................ 56 JUNE 9, 2015 – REGULAR TOWN BOARD MEETING .......................................................................................... 57 *Resolution #95- Approval of Agenda .............................................................................................................. 57 *Resolution #96- Clarifying TTHM Options ....................................................................................................... 57 *Resolution #97- Planning Board Member Appointment ................................................................................ 58 *Resolution #98- Request For Planning Board Report On Proposed Open Development Area (Town Law Section 280(A)) .................................................................................................................................................. 59 *Resolution #-99- Tax Cap Override – Set Public Hearing ................................................................................ 59 *Resolution #100- Approval of Minutes ........................................................................................................... 59 *Resolution #101- Budget Modifcations........................................................................................................... 60 *Resolution #102- Approval of Claims .............................................................................................................. 60 JUNE 23, 2015 – WORKING TOWN BOARD MEETING ....................................................................................... 60 *Resolution #103- Approval of Agenda ............................................................................................................ 60 *Resolution #104- SEQR for Establishing an Open Development Area For Tax Parcel Numbers 18.-1-19.21, 18.-1-19.22, 18.-1-19.4, 18.-1-19.5, 18.-1-19.62, 18.-1-19.7, And 18.-1-19.8. ................................................. 61 *Resolution #105- Establishing An Open Development Area For Tax Parcel Numbers 18.-1-19.21, 18.-1- 19.22, 18.-1-19.4, 18.-1-19.5, 18.-1-19.62, 18.-1-19.7, And 18.-1-19.8. ........................................................... 61 *Resolution #106- Local Law #1 Of 2015: To Override The Tax Levy Limit Established In General Municipal Law §3- C ........................................................................................................................................................... 63 *Resolution #107- Approval of Minutes ........................................................................................................... 64 JULY 14, 2015 – REGULAR TOWN BOARD MEETING ......................................................................................... 64 *Resolution #108- Approval of Agenda ............................................................................................................ 64 *Resolution #109- Approval of Claims .............................................................................................................. 65 *Resolution #110- Authorizing a letter to advocate for geo-thermal tax credit .............................................. 65 *Resolution #111- Adjusting the water rate for Water District 3 ..................................................................... 65 *Resolution #112- Approval of the 2015 Amendment to the Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium ................................................................ 66 *Resolution #113- Appointing A Committee To Select A Planning Firm To Assist With Grant To Update Zoning ........................................................................................................................................................................... 67 *Resolution #114- Approval Of Additional Savings Account ............................................................................ 68 *Resolution #115- Comment On Time Warner And Charter Communication Merger .................................... 68 *Resolution #116- Authorizing A Letter In Support Of A Grant Application For Stormwater Conveyance System Mapping ................................................................................................................................................ 68 *Resolution #117- Approval of Minutes ........................................................................................................... 69 5 AUGUST 11, 2015 – REGULAR TOWN BOARD MEETING .................................................................................. 69 *Resolution #118- Approval of Agenda ............................................................................................................ 69 *Resolution #119- GENERAL CODE – review of final content ........................................................................... 70 *Resolution #120- Cancellation of 8/25 meeting ............................................................................................. 70 *Resolution #121- Authorizing Due Diligence Re: Possible Acceptance of Donated Land ............................... 70 *Resolution #122- Authorizing The Town Supervisor To Submit An Application To The Environmental Facilities Corporation (EFC): .............................................................................................................................. 71 *Resolution #123- Appointing A New Planning Board Member ....................................................................... 72 *Resolution #124- Adjusting Water Rate For Water District 4 And Bulk Buyers Of Water .............................. 72 *Resolution #125- To Adjust The Hours Of The Bookkeeper/Deputy Supervisor ............................................ 73 *Resolution #126- Approval of Minutes: 7/14 .................................................................................................. 73 *Resolution #127- Approval of Claims .............................................................................................................. 73 SEPTEMBER 8, 2015 – REGULAR TOWN BOARD MEETING ............................................................................... 74 *Resolution #128- Approval of Meeting Agenda .............................................................................................. 74 *Resolution #129- Sending fee schedule to General Code ............................................................................... 74 *Resolution #130- Appointing Pete Angie to the Planning Board .................................................................... 74 *Resolution #131- Approve Availability Of Additional Health Care Plans For 2016 ......................................... 75 *Resolution #132- Proclaiming Seal The Cracks – Climate Offset Week .......................................................... 75 *Resolution #133- Williamson Contract for bookkeeping ................................................................................ 76 *Resolution #134- Approval of Minutes: 8/11 & 8/20...................................................................................... 76 *Resolution #135- Approval of Budget Modifications ...................................................................................... 77 *Resolution #136- Approval of Claims .............................................................................................................. 77 SEPTEMBER 22, 2015 – TOWN BOARD MEETING ............................................................................................. 77 *Resolution #137: Approval of Agenda ............................................................................................................ 77 *Resolution #138 - set public hearing for LL NO. 2: Codification of Local Laws ............................................... 78 *Resolution #139: Solar Regulations................................................................................................................. 78 *Resolution #140: Set Dates to Review the 2016 Budget................................................................................. 79 *Resolution #141: Approval of Minutes ........................................................................................................... 79 OCTOBER 13, 2015 - TOWN BOARD MEETING Town of Ulysses ....................................................................... 79 *Resolution #142: approval of meeting agenda ............................................................................................... 79 *Resolution #143: authorization to purchase highway equipment .................................................................. 80 *Resolution #144: request for speed limit reduction ....................................................................................... 80 *Resolution #145: set public hearing for Solar Energy zoning .......................................................................... 81 *Resolution #146: appointing a new alternate to the planning board ............................................................. 81 *Resolution #147: appointment of steering committee for zoning update ..................................................... 81 *Resolution #149: Environmental Contamination measures request .............................................................. 82 6 *Resolution #150: resolution to encourage an increase in county youth funding ........................................... 84 *Resolution #151: budget modifications .......................................................................................................... 84 *Resolution #152: approval of minutes ........................................................................................................... 85 *Resolution #153: approval of claims ............................................................................................................... 85 OCTOBER 19, 2015 – SPECIAL TOWN BOARD MEETING Town of Ulysses ........................................................ 86 *Resolution #154: accept preliminary budget .................................................................................................. 86 *Resolution #155: Public Hearing on Preliminary Budget ................................................................................ 86 *Resolution #156a: Mr. Goldman moved to cancel the budget meeting on 10/22. ........................................ 86 OCTOBER 27, 2015 - TOWN BOARD MEETING Town of Ulysses ....................................................................... 87 *Resolution #156b: approval of meeting agenda ............................................................................................. 87 *Resolution #157: SEQR codification of local laws ........................................................................................... 87 *Resolution #158: a resolution adopting local law 2 of 2015: .......................................................................... 88 *Resolution #159: adoption of fee schedule .................................................................................................... 88 *Resolution #160: correcting the resolution of authorization to purchase highway equipment: ................... 89 *Resolution #161: request to county for speed limit reductions on Searsburg and Halseyville rds: ............... 89 *Resolution #162: authorization to sign contract with Williamson Law .......................................................... 90 *Resolution #163: authorizing deputy clerk pay rate ....................................................................................... 90 *Resolution #164: recognizing Patty Halloran’s service ................................................................................... 90 *Resolution #165: setting a joint public hearing on the fire/EMS budget ....................................................... 91 *Resolution #166: budget modifications .......................................................................................................... 91 *Resolution #167: approval of minutes ............................................................................................................ 91 *Resolution #168: Adoption of Preliminary Budget ......................................................................................... 92 NOVEMBER 10, 2015 - TOWN BOARD MEETING Town of Ulysses ................................................................... 92 *Resolution #169 Approval Of Meeting Agenda............................................................................................... 92 *Resolution #170: Budget Modifications .......................................................................................................... 93 *Resolution #171: Approval Of Claims .............................................................................................................. 94 *Resolution #172: Approval Of Letter Of Intent To Purchase Water Truck ..................................................... 94 *Resolution #173: Resolution To Adopt The 2016 Budget ............................................................................... 95 *Resolution #174: Resolution Of The Ulysses Town Board Making Seqr Determination For Local Law No. 3 Of 2015: A Local Law To Amend The Code Of The Town Of Ulysses, Chapter 212, To Add Solar Energy Systems Definitions, Allowances In Zoning Districts And Standards .............................................................................. 95 *Resolution #175: Ag Committee – Revision To The Number Of Committee Members.................................. 96 *Resolution #176: Renewal Of Police Contract With Village Of Trumansburg ................................................. 98 *Resolution #177: Approval Of Minutes: 10/27, 10/27 Ph On Budget, 10/27 Ph On General Code ............... 99 *Resolution #178: Cancelling December Meeting Date ................................................................................... 99 *Resolution #179: Resolution Authorizing Distribution Of Local Laws By Email ............................................ 100 *Resolution #180: Engage Attorney As Municipal Prosecutor ....................................................................... 100 7 *Resolution #181: Resolution To Authorize Town Supervisor To Sign Non-Disclosure Confidentiality Agreement With Exxon Mobil Oil Corporation ............................................................................................... 101 November 24, 2015 - TOWN BOARD MEETING Town of Ulysses ................................................................... 101 *Resolution #182: Approval Of Meeting Agenda ........................................................................................... 101 *Resolution #183: A Resolution Adopting Local Law No. 3 Of 2015 To Amend The Code Of The Town Of Ulysses, Chapter 212 To Add Solar Energy Systems Definitions, Allowances In Zoning Districts And Standards ......................................................................................................................................................................... 102 *Resolution #184: Letter Of Support For Community Choice Aggregation .................................................... 103 *Resolution #185: Authorization For A Signator For Town Checks ................................................................ 103 *Resolution #186: Approval Of Minutes: 11/10 Ph On Solar Local Law, 11/10 ............................................. 103 DECEMBER 8, 2015 - TOWN BOARD MEETING TOWN OF ULYSSES ............................................................... 104 *Resolution #187: Approval of Meeting Agenda ............................................................................................ 104 *Resolution #188: Approving Letter Of Engagement With Accounting Firm For Audit Of Town Finances .... 104 *Resolution #189: Authorization For Grant Application Submission To Design Connect .............................. 105 *Resolution #190: Temporary Appointment Of Building Inspector/Code Enforcement Officer .................... 105 *Resolution #191: Amendments To The Personnel Policy ............................................................................. 106 *Resolution #192: Organizational Meeting Date ............................................................................................ 106 *Resolution #193: December Meeting Dates ................................................................................................. 106 *Resolution #194: Budget Modifications ........................................................................................................ 107 *Resolution #195: Approval Of Claims ............................................................................................................ 107 *Resolution #196: Setting Pay Rate For Code Enforcement Officer ............................................................... 107 DECEMBER 14, 2015 - TOWN BOARD MEETING TOWN OF ULYSSES ............................................................. 108 *Resolution #197: Approval Of Meeting Agenda ........................................................................................... 108 *Resolution #198: Amendments To The Personnel Policy ............................................................................. 108 *Resolution #199: Approval Of Medicare Supplemental Plan ........................................................................ 108 *Resolution #200: Another Amendment To The Personnel Policy ................................................................. 109 *Resolution #201: Fire Contract Approval ...................................................................................................... 109 *Resolution #202: EMS Contract Approval ..................................................................................................... 110 *Resolution #203: Creating The Position Of Water Distribution Operator Trainee ....................................... 111 *Resolution #204: Appointment Of Water Distribution Operator Trainee .................................................... 112 *Resolution #205: Relevy Of Delinquent Water Fees ..................................................................................... 112 *Resolution #206: Authorization Of Supervisor To Sign Credit Card Agreement For On-Line Tax Payments 113 *Resolution #207: Approval Of Minutes ......................................................................................................... 113 8 JANUARY 7, 2015 – ORGANIZATIONAL MEETING *Resolution #1- Monthly Board Meeting Dates 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. Kerness Seconded: Ms. Zahler Ms. Thomas absent Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 3-0 Date Adopted: 1/7/15 *Resolution #2- Designation of 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. NOTE: It was also suggested that the Trumansburg Free Press be alerted to important things. Moved: Mr. Kerness Seconded: Ms. Zahler Ms. Thomas absent Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 3-0 Date Adopted: 1/7/15 *Resolution #3- Review of Claims BE IT RESOLVED, the Town Board will use the following procedure for review and audit of the monthly claims before presentation for Board approval at the Regular Monthly Meeting of the Ulysses Town Board: 1. Invoices are received in the Town Clerk's Office, through the mail, electronically, or personally delivered. 2. Town Clerk obtains approval of the expense, which is evidenced on the voucher cover sheet with the initials or signature of the department head or person who gave rise to the claim. The Town Clerk or the department head also indicates on the invoice the general ledger account that should be charged for the expense and checks to see that each invoice is properly itemized, mathematically accurate, and contains sufficient detail to ensure that the Board members auditing the claim can determine whether the proposed payment is proper and just. 9 3. Town Clerk gives invoices to the Bookkeeper who inputs the invoices into the accounting software and produces a listing of all vouchers (Abstract of Vouchers, or, Voucher Report) for Town Board approval at the Regular Monthly meeting. The Bookkeeper keeps an updated file of claims to be audited before the meeting, which the Town Board members can access. All claims to be submitted for approval by Board vote at the Regular Meeting shall, if at all possible, be processed and in the file of claims by the end of the day on the Monday before the Regular Meeting. 4. In addition to the Supervisor, a sub-committee of 2 Town Board members will audit the vouchers on behalf of the full board. Any other Town Board members who wish to audit the claims may to do so as well. The sub- committee rotates every 6 months (January to June, July to December) with Nancy Zahler and Rich Goldman serving from January to June and John Hertzler and Dave Kerness serving from July to December. Sub- committee members will initial each voucher cover sheet after review. Any questions should be brought to the attention of the Town Supervisor or Bookkeeper. 5. Audit by the Town Board does not have to happen all at once. Invoices will be entered throughout the month and can be approved periodically throughout the month. All claims shall be audited by board members by 5 p.m. on the day of the Regular Board meeting if at all possible. 6. The Bookkeeper produces a final Abstract of Vouchers the day of the Town Board meeting. 7. After the Town Board votes to approve payment of the claims, the Town Clerk signs the Abstract of Vouchers and the Bookkeeper cuts checks. 8. Supervisor signs checks. Checks are given to the Clerk’s office and should be double-checked for accuracy against the abstract before mailing. 9. Invoices are then filed by vendor by the Town Clerk, with the most recent payment in front of the file. All claims must be approved for payment by the Town Board except for: (1) fixed salaries or compensation for services of offices or employees regularly engaged at agreed wages by the hour, day, week, or year; (2) principal or interest on indebtedness; (3) amounts becoming due on lawful contracts; (4) certain welfare payments (Town Law 125 & Social Services Law 86); (5) payments made pursuant to a court order; (6) mandatory payments to the State Comptroller for retirement. FURTHER RESOLVED that the Town Board authorizes the Supervisor to pay in advance of audit of claims for utilities, postage, and approved contractual agreements which if delayed may result in loss of discounts, the accrual of service charges, or cancellation of service. All such claims shall be presented at the next regular meeting, as per Town Law section 118. Moved: Mr. Kerness Seconded: Ms. Zahler Ms. Thomas absent Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 3-0 Date Adopted: 1/7/15 10 *Resolution #4- 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. At a minimum, all minutes shall include all formal motions. 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. Moved: Ms. Zahler Seconded: Mr. Kerness Ms. Thomas absent Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 3-0 Date Adopted: 1/7/15 *Resolution #5- Mileage BE IT RESOLVED mileage at a rate of $0.575 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: Ms. Zahler Seconded: Mr. Kerness Ms. Thomas absent Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 3-0 Date Adopted: 1/7/15 *Resolution #6- Petty Cash BE IT RESOLVED that the Town Clerk and the Court Clerk’s petty cash funds are each $300 for 2015. Moved: Ms. Zahler Seconded: Mr. Kerness Ms. Thomas absent Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 3-0 Date Adopted: 1/7/15 11 *Resolution #7- Crime Coverage BE IT RESOLVED that the following crime coverage for Town officials, appointees and employees is hereby approved: Money inside premises $100,000 ($1,000 deductible) 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 Ms. Thomas absent Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/15 *Resolution #8- 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: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas absent Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/15 *Resolution #9- Financial Reconciliations BE IT RESOLVED the Town follow the recommendation of auditor Ciaschi, Dietershagen, Little, Mickleson and Company and have the Supervisor or Bookkeeper review the reconciliation of the Town Clerk’s bank 12 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: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas absent Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/15 *Resolution #10- Designation of Financial Institution BE IT RESOLVED that the Town Clerk and the Court Clerk’s petty cash funds are each $300 for 2015. Moved: Ms. Zahler Seconded: Mr. Kerness Ms. Thomas absent Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 3-0 Date Adopted: 1/7/15 *Resolution #11- Financial Audit BE IT RESOLVED that the Town Board of the Town of Ulysses will do the Annual Audit of the books for each department on January 15th, 2015 at 8 a.m. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas absent Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/15 *Resolution #12- Procurement Policy BE IT RESOLVED that the Town Procurement policy as adopted on November 17, 2010 is the ruling document for purchases. The Town Clerk will direct all department heads and Town Board members to review the Procurement Policy. Moved: Ms. Zahler Seconded: Mr. Goldman 13 Ms. Thomas absent Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/15 *Resolution #13- 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 & Deputy Historian Voucher: contractual workers and all others not listed above Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas absent Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/15 *Resolution #14- Establishment of Pay Rates BE IT RESOLVED that the Town Board hereby establishes the following pay rates for employees and elected officials in 2015. If necessary to appoint a new employee or replace an elected official during the year of 2015, the Town Board will establish a salary commensurate with the experience and availability of funds: Position 2015 Budgeted Appropriation Hourly rate if applicable Town Board Supervisor $16,238 - Budget Officer $15,808 - Second Deputy Supervisor $32,240 $20.00 Bookkeeper $20,800 $20.00 Councilperson $4,283 each - Clerk Town Clerk $49,612 - 14 Deputy Town Clerk $33,950 $19.91 Court Town Justice $16,599 each - Court Clerk $40,085 - Planning, Zoning, Building Enforcement Officer for Building Code $31,564 - Deputy Enforcement Officer $15,000 $19.18 Zoning Officer $28,005 - Planner $28,005 - Planning and Zoning Clerk $5,000 $16.00 Planning and BZA Chairs $200 each Planning and BZA Members $100 each Highway Highway Superintendent $61,088 - Deputy Highway Superintendent multiple budget lines $22.62 Highway Machine Equipment Operators Laborer multiple budget lines multiple budget lines $18.84 - $20.47 $13.70 Water Water Distrib. & Maintenance Operator $15,500 $18.84 Water District Laborer $4,800 $18.84 History Historian $1000 - Deputy Historian $500 - Moved: Ms. Zahler Seconded: Mr. Kerness Ms. Thomas absent Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 1/7/15 *Resolution #15- Time records BE IT RESOLVED that all hourly employees shall turn in a Town of Ulysses time card by the end of the last day of the pay period recording regular and overtime hours in accordance with the personnel policy. 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 15 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. Employee Employee Supervisor Supervisor Rotating Town Board member Second 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 Equipment Operators Laborer Highway Superintendent Water Distribution & Maintenance Operator Town Supervisor Water District Laborer Water Distribution and Maintenance Operator Moved: Ms. Zahler Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/7/15 *Resolution #16- Town Board 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: 2014 2015 A. Highway Department Mr. Kerness Mr. Kerness B. Trumansburg Village Board of Trustees Ms. Zahler Ms. Zahler C. Personnel Mr. Kerness Mr. Kerness D. Health Insurance Consortium Board Mr. Goldman Ms. Zahler E. Planning Board and Board of Zoning Appeals Members will rotate Mr. Goldman, Mr. Kerness (alternate) F. Village Fire Department Mr. Hertzler Mr. Hertzler G. County and other Emergency Management Mr. Hertzler Ms. Wright H. Town Court Mr. Goldman Mr. Kerness I. Trumansburg Ulysses Youth Commission Ms. Zahler Ms. Zahler J. EMS Billing Oversight Committee N/A Ms. Zahler, Mr. Hertzler 16 K. Village EMS N/A Ms. Zahler L. Joint Sidewalk Committee N/A Ms. Thomas, Ms. Wright Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/7/15 *Resolution #17- 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: Title 2014 2015 Planning Board Chairperson John Wertis John Wertis 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 (EMC) John Hertzler John 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 & Andrea Murray Recreation Partnership representative Durand VanDoren Durand VanDoren Tompkins County Youth Services Board Nancy Zahler working on this with TCYS Director (vacant) Ithaca/Tompkins County Transportation Council Planning Committee Darby Kiley Darby Kiley Ithaca/Tompkins County Transportation Council Policy Committee Darby Kiley Darby Kiley Tompkins County Council of Governments Liz Thomas / Nancy Zahler Liz Thomas / Nancy Zahler Tompkins County Area Development (vacant) (vacant) Fair Board liaison John Hertzler John Hertzler Historian and Deputy Historian John Wertis, Michelle Mitrani John Wertis, Michelle Mitrani 17 Water District Advisory Board Chairperson Diane Hillman Diane Hillman Tompkins County Animal Control Liz Thomas Liz Thomas Cayuga Lake Water Shed Intermunicipal Org. Darby Kiley Darby Kiley Trumansburg Chamber of Commerce Nancy Zahler/Rich Goldman (alt) Nancy Zahler/Rich Goldman (alt) Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness nay Mr. Goldman aye Vote: 4-1 Date Adopted: 1/7/15 *Resolution #18- Planning Board and Board of Zoning Appeals Appointments 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 2014 may be either replaced or reappointed. The following members being reappointed for 2015: 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 …… 12/31/2019 STEPHEN MORREALE Phone: 387-3816 Sjm11@cornell.edu 5360 Pine Ridge Road Trumansburg NY 14886 12/9/2014 1/28/2015 12/31/2015 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 2/6/2014 12/31/2018 CHERYL THOMPSON (alternate) Phone: 387-4123 cherylthompsonarchitect@gmail.co m 3112 Perry City Road Trumansburg NY 14886 12/9/2014 12/17/2014 12/31/2015 PLANNING BOARD (5 year term) JOHN WERTIS, Chair Phone : 387- 4331 BWWFarmtoday@aol.com 8144 Searsburg Rd. Trumansburg, NY 14886 12/9/2014 1/8/2015 12/31/2019 18 SARAH ADAMS Phone : 387-5696 H sarahadams85@gmail.com 4 Falls Road Trumansburg, NY 14886 2/8/2011 2/2011 12/31/2015 DAVID DIAZ Phone : 220-3046 Dmdiaz73@hotmail.com 35 Elm St., Apt. 2 Trumansburg NY 14886 12/9/2014 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 ANDY RICE Phone : 387-5446/216-5780 andrewrcss@rackercenters.org 5360 Rice Road Trumansburg NY 14886 1/28/2014 2/4/2014 12/31/2018 CRAIG SALINO (alternate) Phone : 280-9039 Csalino48@gmail.com 50A Cayuga St. Trumansburg NY 14886 12/9/2014 1/20/2015 12/31/2015 LOUIS DIPIETRO (Clerk) Phone: (716)307-2096 Dipietro.louis@gmail.com 88 W. Main St. Trumansburg NY 14886 11/12/2014 11/25/2014 12/31/2015 Darby Kiley, Environmental Planner/Zoning Officer Ulysses.planner@gmail.com N/A N/A N/A Moved: Ms. Zahler Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/7/15 *Resolution #19- Appointment of Attorney for the Town 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 2015 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 2015. Moved: Ms. Zahler Seconded: Mr. Kerness Ms. Thomas aye 19 Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/7/15 *Resolution #20- Information Technology Services BE IT RESOLVED that the Town Board authorizes the Town Supervisor to sign the Information Technologies 2015 contract with Jeff Burns at the rate of $45/hour. Moved: Ms. Zahler Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/7/15 *Resolution #21- Cleaning Contract 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. Zahler Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/7/15 *Resolution #22- 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 2015 contract. Moved: Ms. Zahler Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye 20 Mr. Goldman aye Vote: 5-0 Date Adopted: 1/7/15 *Resolution #23- 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 documenting that they have reviewed and understand the policy. Moved: Mr. Kerness Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/7/15 *Resolution #24- Americans with Disabilities Act BE IT RESOLVED any individual having any special needs and wishing to attend a meeting please advise the Town Clerk of the special requirements at least one week prior to the meeting (ADA). Moved: Mr. Kerness Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/7/15 *Resolution #25- Records (Resolution/Motion Index System) BE IT RESOLVED that the Town Clerk will continue with the Resolution/Motion Index System initiated in 2009, identifying the Resolution/Motion number, date approved, and Title. This index of resolutions will be updated at least quarterly. FURTHER RESOLVED that the Town Clerk will send a final electronic version of each certified resolution to the Town Board and place the final version on the Town’s file sharing network and on the website. Moved: Mr. Kerness Seconded: Mr. Goldman 21 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/7/15 *Resolution #26- Records Retention Policy BE IT RESOLVED that the Records Retention and Disposition Schedule MU-1, issued pursuant to Article 57-A of the Arts and Cultural Affairs Law and containing legal minimum retention periods for municipal government records, is hereby adopted for use by all municipal officers in disposing of municipal government records listed therein. In accordance with Article 57-A: (1) Only those records will be disposed of that are described in Records Retention and Disposition Schedule MU-1 after they have met the minimum retention period prescribed therein. (2) Only those records will be disposed of that do not have sufficient administrative fiscal, legal or historical value to merit retention beyond established time periods. Moved: Mr. Kerness Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/7/15 *Resolution #27- 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 Michelle E. Wright. Moved: Mr. Kerness Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/7/15 *Resolution #28- 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 bonuses, donations, or 22 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. Moved: Mr. Goldman Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/7/15 *Resolution #29- Minutes of the Org. Mtg. BE IT RESOLVED that any and all of these Organizational Resolutions be and remain subject to amendment throughout the year by the Town Board. The Town Clerk shall provide a certified copy of the finalized Organizational Meeting minutes and any amended versions to all Town Board members, and place the most recent version on the web under Meeting Minutes. Moved: Ms. Zahler Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/7/15 *Resolution #30- Highway 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. Moved: Ms. Zahler Seconded: Mr. Kerness 23 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/7/15 *Resolution #31- Appointment of Delegates to the Association of Towns Mtg. RESOLVED that the Town’s delegate to the Annual Association of Town’s Meeting shall be Liz Thomas and the alternate delegate shall be John Hertzler. Further RESOLVED that the Town Board authorizes the attendance of any Town Officer at this meeting and the payment of the actual and necessary expenses to do so. Moved: Ms. Zahler Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/7/15 *Resolution #32- Payment of Contracts RESOLVED, that the Town Board contracts for the following and authorizes the Town Supervisor to pay for and sign contracts for the following: SPCA for Dog Control $18,134 Gadabout $2,000 Foodnet $2,250 Trumansburg Senior Citizens $850 Ulysses Philomathic Library $14,000 Tompkins County Recreation Partnership $7,970 Ulysses Historical Society $700 Community Science Institute $5,718 Trumansburg Conservatory of Fine Arts $1,000 Jacksonville Community Park $3,000 Moved: Ms. Zahler Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye 24 Vote: 5-0 Date Adopted: 1/7/15 JANUARY 13, 2015 – REGULAR TOWN BOARD MEETING *Resolution #33- Approval of Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for January 13, 2015 with the addition of the Stormwater Contract, and moving Claims and Budget Modifications to the end. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/13/15 *Resolution #34- To Join a Coalition of Municipalities Against Storage of LPG Gas Under Seneca Lake Seeking Representation by the Natural Resources Defense Council (NRDC) TO JOIN COALITION OF MUNICIPALITIES AGAINST STORAGE OF LPG GAS UNDER SENECA LAKE SEEKING REPRESENTATION BY THE NATURAL RESOURCES DEFENSE COUNCIL WHEREAS the storage of liquid petroleum and natural gas immediately adjacent to Seneca Lake in long abandoned solution mined salt caverns has been proposed and WHEREAS the Town Board of the Town of Ulysses is keenly aware of the potential environmental consequences to Seneca Lake that could result from any accidental leakage, mishandling and pressurization of such fossil fuels, and WHEREAS the Town Board deems it unacceptable to put at risk the water supply of over 100,000 Finger Lakes residents, and WHEREAS the Town of Ulysses borders Cayuga Lake and is thus keenly aware of threats to drinking water and to recreational uses of the Finger Lakes, and WHEREAS the Seneca County Board of Supervisors approved resolution #34-13, opposing this proposal in early 2013 and has since been joined in opposition by 12 neighboring municipalities in the Finger Lakes region, and WHEREAS, Finger Lakes LPG Storage, LLC, a subsidiary of Crestwood Midstream Partners, LP, has proposed to construct and operate a new underground LPG storage facility for the storage and distribution of propane and butane on a portion of a 576-acre site located west of Seneca Lake in the Town of Reading, Schuyler County; and 25 WHEREAS, the Town Board of the Town of Ulysses (“the Town Board”) approved Resolution 2014-93 on April 8, 2014 opposing this proposal; WHEREAS, the State Department of Environmental Conservation (DEC) will host an issues conference for the Finger Lakes LPG Storage, LLC's proposed liquid propane gas (LPG) storage facility on February 12, 2015 for the purpose of determining if there are any significant and substantive issues that require an adjudicatory hearing; and WHEREAS, the Natural Resources Defense Council (NRDC) has agreed to represent at no charge, a coalition of interested municipalities that stand against proposal, by filing a Petition for Party Status and represent the coalition of municipalities at the issues conference at no cost to Seneca County; now, therefore be it RESOLVED, that the Town Board does hereby authorize NRDC to represent the Town of Ulysses, at no charge, as a member of a coalition of municipalities against the proposal for the storage and distribution of propane and butane in Seneca Lake, in a Petition for Party Status for the DEC Issues Conference in February 2015 and RESOLVED, that the Town Board hereby authorizes the supervisor to sign a representation agreement with the NRDC. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/13/15 *Resolution #35- Authorization to Sign 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: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/13/15 *Resolution #36- Budget Modifications BE IT RESOLVED that the Ulysses Town Board approves budget modifications as indicated below, provided on 1/13/15: 26 A FUND BUDGET MODIFICATIONS A1220.12 Deputy Supervisor PS increase 1,965.00 2014 original budget estimate calculation did not reflect the accurate weekly hours A1220.11 Bookkeeper PS decrease 601.75 A1460.4 Records Management decrease 1,363.25 A1220.4 Supervisor CE increase 206.80 Credit card fees from Clerk’s office A1410.4 Clerk CE decrease 206.80 A1410.11 Deputy Town Clerk PS increase 1,586.67 2014 costs exceeding estimates A1410.1 Town Clerk PS decrease 720.10 A1460.4 Records Management decrease 866.57 A5132.4 Highway Barn CE increase 27.20 A1460.4 Records Management decrease 27.20 A9060.8 Medical/Dental Insurance increase 5,319.61 Exceeding 2014 estimates A1460.4 Records Management decrease 2246.17 A1620.2 Town Hall EQ decrease 3073.44 B FUND BUDGET MODIFICATIONS B3620.4 Safety Inspection CE increase 241.18 Training for Alex and cell phone payment B3620.2 Safety Inspection EQ decrease 241.18 From the unpurchased truck B9060.8 Medical Insurance increase 1,480.45 Exceeding 2014 estimates B3620.2 Safety Inspection EQ decrease 1,480.45 From the unpurchased truck DA FUND BUDGET MODIFICATIONS DA5130.1 Machinery PS increase 8,737.92 Old equipment broke down DA5140.1 Brush and Weeds PS decrease 3240.91 DA5142.1 Snow Removal PS decrease 535.78 27 DA5148.1 Snow Removal OG PS decrease 535.76 DA5130.4 Machinery CE decrease 4,425.47 DA9030.8 Social Security increase 1180.41 Due to increase in payroll salary budget line DA5130.4 Machinery CE decrease 1180.41 DB9060.8 Medical Insurance increase 3,489.95 Exceeding 2014 estimates DA5130.4 Machinery CE decrease 3,489.95 DB FUND BUDGET MODIFICATIONS DB5110.1 Highway Maintenance PS increase 1,859.52 Old equipment broke down DB5110.4 Highway Maintenance CE decrease 1,859.52 DB9030 Social Security increase 137.86 Due to increase in payroll salary budget line DB5110.4 Highway Maintenance CE decrease 137.86 DB9060 Medical Insurance increase 3,541.01 Exceeding 2014 estimates DB5110.4 Highway Maintenance CE decrease 3,541.01 Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date adopted 1/13/15 *Resolution #37- Reimbursing Stormwater Costs Mr. Kerness made a motion to bill back fifty percent of all the costs incurred to date for stormwater violations. Moved: Mr. Kerness Seconded: Mr. Goldman Discussion: Ms. Zahler commented that in the future, all those in violation of the stormwater regulations should be advised that they may be billed for costs incurred in assuring compliance. Ms. Thomas aye 28 Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/13/15 *Resolution #38- Approval of Claims BE IT RESOLVED that the Ulysses Town Board approves payments of claims for 2014 vouchers 1-35 in the amount of $52,288.50, and for 2015, claims # 1-7 in the amount of $24,850.54. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/13/15 JANUARY 27, 2015 – WORKING TOWN BOARD MEETING *Resolution #39- Approval of Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for January 27, 2015 with the additions of: Mr. Kerness’ proposal, an executive session, budget modifications (along with claims for approval), the discussion of storm water and recommendations for the Planning Board’s work plan. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/27/15 *Resolution #40- Record of Activities BE IT RESOLVED that the Town of Ulysses-(location code 30607) hereby establishes the following work days for these titles and will report the officials to the New York State and Local Retirement System based on time keeping records or their record of activities. Title Std work day Name Last 4 of ss.# Reg. # Current term Particip ates in time- keeping ROA result 29 system (yes/no) Elected officials Town Supervisor 6 Elizabeth Thomas 1/1/14-12/31/17 No 27.36 Town Clerk 8 Carissa Parlato 1/1/14-12/31/17 No 22.09 Highway Superintendent 8 James Meeker 1/1/14-12/31/17 No 24.86 Town Judge 6 Thomas Schlee 1/1/13-12/31/16 No 18.67 Appointed officials Court Clerk 8 Angela Champion 1/1/15-12/31/15 Yes Deputy Town Clerk 6.2 Patricia Halloran 1/1/15-12/31/15 Yes Deputy Highway Superintendent 8 David Reynolds 1/1/15-12/31/15 Yes Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness nay Mr. Goldman aye Vote: 4-1 Date Adopted: 1/27/15 *Resolution #41- Authorization of Supervisor to Submit Trails Grant BE IT RESOLVED that the Town of Ulysses Town Board authorizes the Town Supervisor to submit a grant application for up to $50,000 to the Tompkins County Tourism Grant Program to create a comprehensive website of hiking, biking and ski trail information that will link the multiple trails throughout the County together for ease of use by both tourists and local residents. Also, RESOLVED that there will be no cash or direct monetary component of this grant expected from the Town of Ulysses, only the in-kind contribution of the Town Supervisor’s time. Moved: Ms. Thomas Seconded: Mr. Kerness Discussion- Ms. Zahler asked for clarification on financials and Ms. Thomas’ time commitment. Ms. Thomas responded. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/27/15 30 *Resolution #42- Temporary Leadership Appointment BE IT RESOLVED that the Town Board of the Town of Ulysses appoints Rich Goldman to take the role of leadership of the town February 5 to 8; and Dave Kerness from February 15 to 18, 2015 during the absence of both the Town Supervisor and the First Deputy Supervisor. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/27/15 *Resolution #43- Rescindment of Resolution 2015-35 Ms. Zahler moved to rescind Resolution 2015-35, rescinding the action on charges related to stormwater control until the board can reassess policies and procedures relating to applicant chargebacks. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/27/15 *Resolution #44- Approval of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes for 12/18/14 and 1/7/14 as edited by Ms. Thomas. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler abstain Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 1/27/15 *Resolution #45- Approval of Claims BE IT RESOLVED that the Ulysses Town Board approve vouchers 1-4 in the amount of $15,421.03. Moved: Ms. Thomas Seconded: Mr. Goldman 31 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/27/15 *Resolution #46- Approval of Budget Modifications BE IT RESOLVED that the Ulysses Town Board approve budget modifications as follows: A FUND BUDGET MODIFICATIONS A1220.12 Deputy Supervisor PS increase 1,965.00 2014 original budget estimate calculation did not reflect the accurate weekly hours A1220.11 Bookkeeper PS decrease 601.75 A1460.4 Records Management decrease 1,363.25 A1220.4 Supervisor CE increase 206.80 Credit card fees from Clerk’s office A1410.4 Clerk CE decrease 206.80 A1410.11 Deputy Town Clerk PS increase 1,586.67 2014 costs exceeding estimates A1410.1 Town Clerk PS decrease 720.10 A1460.4 Records Management decrease 866.57 A5132.4 Highway Barn CE increase 27.20 A1460.4 Records Management decrease 27.20 A9060.8 Medical/Dental Insurance increase 5,319.61 Exceeding 2014 estimates A1460.4 Records Management decrease 2246.17 A1620.2 Town Hall EQ decrease 3073.44 B FUND BUDGET MODIFICATIONS B3620.4 Safety Inspection CE increase 241.18 Training for Alex and cell phone payment B3620.2 Safety Inspection EQ decrease 241.18 From the unpurchased truck B9060.8 Medical Insurance increase 1,480.45 Exceeding 2014 estimates B3620.2 Safety Inspection EQ decrease 1,480.45 From the unpurchased truck 32 DA FUND BUDGET MODIFICATIONS DA5130.1 Machinery PS increase 8,737.92 Old equipment broke down DA5140.1 Brush and Weeds PS decrease 3240.91 DA5142.1 Snow Removal PS decrease 535.78 DA5148.1 Snow Removal OG PS decrease 535.76 DA5130.4 Machinery CE decrease 4,425.47 DA9030.8 Social Security increase 1180.41 Due to increase in payroll salary budget line DA5130.4 Machinery CE decrease 1180.41 DB9060.8 Medical Insurance increase 3,489.95 Exceeding 2014 estimates DA5130.4 Machinery CE decrease 3,489.95 DB FUND BUDGET MODIFICATIONS DB5110.1 Highway Maintenance PS increase 1,859.52 Old equipment broke down DB5110.4 Highway Maintenance CE decrease 1,859.52 DB9030 Social Security increase 137.86 Due to increase in payroll salary budget line DB5110.4 Highway Maintenance CE decrease 137.86 DB9060 Medical Insurance increase 3,541.01 Exceeding 2014 estimates DB5110.4 Highway Maintenance CE decrease 3,541.01 Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 1/27/15 FEBRUARY 10, 2015 – REGULAR TOWN BOARD MEETING *Resolution #47- Approval of Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for February 10, 2015 with the change of deleting the discussion topic of Consulting Engineer. Moved: Ms. Thomas Seconded: Mr. Goldman 33 Ms. Thomas aye Ms. Zahler absent Mr. Hertzler aye Mr. Kerness absent Mr. Goldman aye Vote: 3-0 Date Adopted: 2/10/15 *Resolution #48- Submitting Comments to the Public Service Commission for R.E.V. (Reforming the Energy Vision) RESOLUTION REQUESTING THAT THE NEW YORK STATE PUBLIC SERVICE COMISSION EXTEND THE COMMENT DEADLINE ON 14-M-0101 STAFF STRAW PROPOSAL FOR TRACK 1 and for 14-M-0224 ORDER INSTITUTING THE PROCEEDING AND SOLICITING COMMENTS WHEREAS New York State’s Public Service Commission has undertaken an exciting proceeding 14-M-0101 entitled Renewing the Energy Vision (REV) which aims to transform energy policy to encourage investment in distributed energy resources such as local distributed generation, on-site power, micro-grids, demand response, and energy storage, and it is envisioned that these changes will empower customers by allowing them more choice in how they manage and consume electric energy; and WHEREAS New York State’s Public Service Commission has undertaken a related proceeding, 14-M-0224 to Enable Community Choice Aggregation Programs, which aims to increase participation of and benefits for residential and small non-residential customers in energy markets by involving local governments in procuring energy supply service for their residents and, if desired, by developing distributed energy resources or otherwise engaging in energy planning for their residents; and WHEREAS municipal involvement is integral to the successful development and implementation of distributed energy resources, and implementation of these proposals will have profound and lasting impacts on our land- use, our municipal economy, and our residents’ welfare; and WHEREAS the Town of Ulysses only became aware of the 14-M-0101 proceeding as a result of research into the REV proceeding; and WHEREAS many municipal boards meet only once a month and 30 days’ notice is not adequate time to review technical proceedings and provide meaningful input; and WHEREAS a review of dockets on these proceedings does not show involvement of any municipality either as a party or in public comments submitted to date; WHEREAS February 10th is the first opportunity for the Ulysses Town Board to meet and discuss the REV proceedings and solicitation of comments; NOW THEREFORE BE IT RESOLVED that the Town of Ulysses requests an extension until June 1 on the comment period for the 14-M-0101 Staff Straw Proposal for Track 1 and asks that the Staff not finalize their recommendations until municipal comments are received; and further 34 BE IT RESOLVED that the Town of Ulysses requests an extension until June 1 on the comment period for 14-M- 0224; and further BE IT RESOLVED that the Town of Ulysses requests that the PSC notify all municipalities of the extended comment period on these dockets; and further BE IT RESOLVED that the Town of Ulysses requests that the PSC notify all N.Y. municipalities of all existing and future proceedings and comment solicitations related to reforming the energy vision in New York State, and that the notice shall allow for at least 90 days to respond; and further BE IT RESOLVED that the Clerk of the Town of Ulysses is instructed to email certified copies of this resolution to Honorable Kathleen Burgess, Secretary of the Commission and Honorable Eleanor Stein, Administrative Law Judge for the REV proceeding as soon as possible; and that hard copies of this resolution shall be mailed to Honorable Kathleen Burgess, Honorable Eleanor Stein, Honorable Audrey Zibelman, Chair, Public Service Commission, Assemblywoman Barbara Lifton, Senator Thomas O’Mara and to Governor Cuomo. Moved: Mr. Goldman Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler absent Mr. Hertzler aye Mr. Kerness absent Mr. Goldman aye Vote: 3-0 Date Adopted: 2/10/15 *Resolution #49- Approval of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of 1/13 as edited by Nancy Zahler and 1/27. Moved: Mr. Goldman Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler absent Mr. Hertzler aye Mr. Kerness absent Mr. Goldman aye Vote: 3-0 Date Adopted: 2/10/15 *Resolution #50- Approval of Claims BE IT RESOLVED that the Ulysses Town Board approves payment of claims, voucher # 8-52, skipping voucher # 47, totaling $43,119.78. Moved: Mr. Hertzler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler absent Mr. Hertzler aye 35 Mr. Kerness absent Mr. Goldman aye Vote: 3-0 Date Adopted: 2/10/15 FEBRUARY 24, 2015 – WORKING TOWN BOARD MEETING *Resolution #51- Approval of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of 1/13 as edited by Nancy Zahler and 1/27. Moved: Mr. Goldman Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler absent Mr. Hertzler aye Mr. Kerness absent Mr. Goldman aye Vote: 3-0 Date Adopted: 2/10/15 *Resolution #52- Acceptance of General Code Manuscript RESOLVED that the Ulysses Town Board approves the attached manuscript based on the General Code Editorial and Legal Analysis and additional zoning law changes, and RESOLVED that the Ulysses Town Clerk will submit these general decisions to General Code to incorporate into the final manuscript that will then be reviewed and formally adopted by the Ulysses Town Board. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness absent Mr. Goldman aye Vote: 4-0 Date Adopted: 2/24/15 *Resolution #53- Selection for On-call Engineering Services and Contract Authorization WHEREAS: 1. The Town of Ulysses is in need of on-call engineering services for projects such as municipal board review and water system projects; and 2. The Town received nine submissions through a Request for Qualifications process; and 3. A review committee of Town Board and Planning Board members selected and interviewed four candidates, and recommend MRB Group; 36 BE IT RESOLVED that the Town Board approves the review committee recommendation to contract with MRB Group for on-call engineering services, and BE IT FURTHER RESOLVED that the Town Board authorizes the Town Supervisor for the Town of Ulysses to sign a one-year contract with MRB Group for on-call engineering services. Moved: Ms. Thomas Seconded: Mr. Hertzler Discussion- board members requested more information on the firm and costs. Ms. Kiley and Ms. Thomas responded. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness absent Mr. Goldman aye Vote: 4-0 Date Adopted: 2/24/15 *Resolution #54- Fee for Use of Credit Cards to Make Payments to Town WHEREAS General Municipal Law (GML) §5 permits the Town Board of the Town of Ulysses (“the Town Board”) to authorize the Town to enter into agreements with one or more financing agencies or card issuers to provide for the acceptance of credit cards as a means of payment by designated officers of the Town for obligations owed to the Town; and WHEREAS the Town Board desires to offer the convenience of allowing citizens to use a credit card to pay for taxes, licenses, water bills, rates, and other fees and charges collected by the Town Clerk, including penalties, special assessments and interest; and WHEREAS, GML §5 c authorizes the Town to require, as a condition of accepting payment by credit card, that the person offering payment by credit or charge card pay a service fee to the local government not exceeding costs incurred by the Town in connection with the credit or charge card payment transaction; and WHEREAS, the Town Board has determined that the cost of offering credit payments should be borne by the persons offering payment by credit card; NOW, THEREFORE BE IT RESOLVED that the Town Board has determined that is it in the public interest to permit the acceptance by the Town Clerk of credit cards as a means of payment of taxes, water bills, rates and other fees and charges, including penalties, special assessments and interest; and be it further RESOLVED that, pursuant to the authority granted to the Town by GML §5, the Town Board hereby authorizes the Town to enter into agreements (“the Agreements”), subject to review by the Attorney for the Town, with one or more financing agencies or card issuers to provide for acceptance by the Town Clerk and her designee of credit cards as a means of payment of taxes, water bills, licenses, rates, and other fees and charges, including penalties, special assessments and interest; and be it further RESOLVED that as a condition for accepting payment by credit card, the person offering payment by credit card shall pay a service fee not to exceed the costs incurred by the Town in connection with the credit card 37 payment transaction, including the fee owed by the Town to the financing agency or credit card issuer arising from the transaction; and be it further RESOLVED that the underlying debt, lien, obligation, bill, account or other amount owed to the Town for which payment by credit card is accepted by the Town shall not be expunged, cancelled, released, discharged or satisfied, and any receipt or other evidence of payment shall be deemed conditional, until the Town has received final and unconditional payment of the full amount due from the financing agency or card issuer for such credit card transaction; and be it further RESOLVED there shall be signs at the Town locations where credit card payments will be accepted for payment of Town fees or taxes and on the Town’s website which shall state that the Town will make no profit on any credit card surcharge, and that the added fee for credit card usage shall be only to cover the costs incurred by the Town in connection with the credit card payment transaction, including the fee owed by the Town to the financing agency or credit card issuer arising from the transaction. Moved: Ms. Thomas Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness absent Mr. Goldman aye Vote: 4-0 Date Adopted: 2/24/15 *Resolution #55- Appointment of TTHM Working Group BE IT RESOLVED that the Ulysses Town Board appoints the following residents to assist the Town Board in investigating the best options to reduce the Total Trihalomethanes under the federal limit in the Water District 3 water supply. Ann DiPetta Stan Seltzer Michael Boggs Phil Antweiler David Schurman Elizabeth Thomas Diane Hillmann Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness absent Mr. Goldman aye Vote: 4-0 Date Adopted: 2/24/15 38 *Resolution #56- Allocation of Interest The town board authorizes the Budget Officer to oversee the proportional allocation of interest earned in 2014 to: 1) all of the reserves proportionally in each fund; 2)unrestricted fund balance; 3) assigned unappropriated fund balance. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness absent Mr. Goldman aye Vote: 4-0 Date Adopted: 2/24/15 *Resolution #57- Approval of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of 1/13 as edited by Nancy Zahler and 1/27. Moved: Mr. Goldman Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler absent Mr. Hertzler aye Mr. Kerness absent Mr. Goldman aye Vote: 3-0 Date Adopted: 2/10/15 March 10, 2015 – REGULAR TOWN BOARD MEETING *Resolution #58- Approval of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for March 10, 2015 with the addition of an executive session and a resolution to set a public hearing to spend bridge reserve money for work done in 2013. Moved: Ms. Thomas Seconded: Mr. Goldman Amendment- Mr. Kerness would like to add an EMS resolution under new business. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 3/10/15 39 *Resolution #59- Approval of Cooperative Extension Contract Resolved that the Ulysses Town Board authorizes the Town Supervisor to sign the 2015 contract with Tompkins County Cooperative Extension to provide support for youth service programming. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 3/10/15 *Resolution #60- Setting Public Hearing for Appropriation of Bridge Funds Resolved that the Ulysses Town Board sets the public hearing for March 24, 2015 at 6:45 p.m. to hear public comment on the appropriation of funds in the amount of $36,018.24 to pay the Town’s share for repairs done to the Seneca Road bridge in 2013. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 3/10/15 *Resolution #61- Rescheduling EMS Lakeshore public information meeting scheduled for March 21, 2015 WHEREAS the subject meeting is scheduled when most of the lakeshore community are not in residence, and WHEREAS the remaining residence are wintering in warmer climates’, and WHEREAS there is no apparent schedule that is pressing for a conclusion, and WHEREAS the West Shore Neighborhood Association (WSNA) has specifically requested a Town Board/ WSNA executive committee meeting to discuss the concerns, and WHEREAS WSNA has gone on record requesting to conduct this meeting in June to assure the good attendance of this meeting NOW THEREFORE BE IT RESOLVED the EMS information meeting be rescheduled for June 2015, and be it further RESOLVED a Town Board/WSNA executive committee meeting be conducted at a time convenient to all and a “sit down to understand the areas of concern. Moved: Mr. Kerness Seconded: Mr. Goldman Discussion: 40 Ms. Thomas felt that the meeting should be held sooner since a number of residents had called her to express concerns. Ms. Zahler indicated that several members of the West Shore Neighborhood Association expressed interest in meeting with her for background on EMS. Most of the board expressed support for a compromise that included having members of the Town Board meet with the WSNA representatives prior to the March 21st meeting to listen to their concerns and to offer a second meeting if needed in June when seasonal residents return. Ms. Thomas nay Ms. Zahler nay Mr. Hertzler nay Mr. Kerness aye Mr. Goldman nay Vote: 1-4 Motion failed. *Resolution #62- Approval of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of 2/24. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Adopted: 3/10/15 *Resolution #63- Approval of Claims BE IT RESOLVED that the Ulysses Town Board approves payment of claims, voucher # 53-93 in the amount of $59,719.41. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Adopted: 3/10/15 41 MARCH 21, 2015 – SPECIAL TOWN BOARD MEETING- EMS on the Lakeshore (no resolutions) MARCH 24, 2015 – WORKING TOWN BOARD MEETING *Resolution #64- Approval of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for March 24, 2015 with the addition of a proposal to authorize Mr. Goldman as alternate to the Health Care Consortium. Moved: Mr. Goldman Seconded: Mr. Hertzler Ms. Thomas (absent) Ms. Zahler aye Mr. Hertzler aye Mr. Kerness (absent) Mr. Goldman aye Vote: 3-0 Date Adopted: 3/24/15 *Resolution #65- Approval of Appropriation from the Bridge Repair Reserve WHEREAS a public hearing on appropriating funds from the Bridge Repair Reserve was duly advertised on March 13; and WHEREAS the public hearing was held on March 24, 2015 at 6:45 p.m. to hear public comment on the appropriation of funds, THEREFORE, be it resolved that the Town of Ulysses Town Board approves the appropriation of $36,018.24 from the Bridge Repair Reserve to pay the Town’s share of repairs done to the Seneca Road bridge in 2013. Moved: Mr. Goldman Seconded: Mr. Hertzler Ms. Thomas (absent) Ms. Zahler aye Mr. Hertzler aye Mr. Kerness (absent) Mr. Goldman aye Vote: 3-0 Date Adopted: 3/24/15 *Resolution #66- Amendment to the Ag Committee Resolution RESOLVED that the Ulysses Town Board amends resolution # 130 passed on June 25, 2014 that formed the Town of Ulysses Agriculture Committee to replace the following sentence: "A Town Board member will serve as an ex-officio membership shall consist of representatives from the Town Board, Planning Board, Town Staff, and Cornell Cooperative Extension and will only be eligible to serve on the committee while he/she holds the Town office.", With the following new section: "A Town Board member will serve as an ex-officio member of the Agriculture Committee. Other ex-officio members shall consist of representatives from the Planning Board, Town Staff, and Cornell Cooperative 42 Extension. An ex-officio member is only eligible to serve on the committee while he/she holds the Town office." Moved: Mr. Zahler Seconded: Mr. Hertzler Ms. Thomas (absent) Ms. Zahler aye Mr. Hertzler aye Mr. Kerness (absent) Mr. Goldman aye Vote: 3-0 Date Adopted: 3/24/15 *Resolution #67- Appointment of Alternate Representative to Greater Tompkins County Municipal Health Insurance Consortium Board of Directors WHEREAS, the Town of Ulysses is committed to participating actively in the Greater Tompkins County Municipal Health Insurance Consortium Board of Directors (Health Care Consortium) and WHEREAS, Nancy Zahler was appointed as the Town’s representative at our Organizational meeting held January 7, 2015 by approval of Resolution #16 and WHEREAS, Richard Goldman was the Town’s previous representative and is willing to serve as the alternate for the Town of Ulysses, now therefore be it RESOLVED, that Richard Goldman be, and hereby is, appointed by the Town of Ulysses as the Town’s alternate representative to the Greater Tompkins County Municipal Health Insurance Consortium Board of Directors when Ms. Zahler cannot represent the Town and further RESOLVED, that a certified copy of this resolution be sent to the Tompkins County Legislative office, which provides administrative support to the Health Care Consortium. Moved: Ms. Zahler Seconded: Mr. Hertzler Ms. Thomas (absent) Ms. Zahler aye Mr. Hertzler aye Mr. Kerness (absent) Mr. Goldman aye Vote: 3-0 Date Adopted: 3/24/15 APRIL 14, 2015 – REGULAR TOWN BOARD MEETING *Resolution #68- Approval of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for April 14, 2015 with those changes. Moved: Ms. Thomas Seconded: Ms. Zahler 43 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/14/15 *Resolution #69- 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 Highway Superintendent: • 2003 Ford F250 truck, 4x4 with plow, VIN number 3FTNF21L03MB49101 • 2003 Ford F550 truck, 4x4 W/ 9’ plow and salt box, VIN number 1FDAF57S63EC57724 Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/14/15 *Resolution #70- Authorizing the Highway Superintendent to Purchase a Vehicle BE IT RESOLVED that the Ulysses Town Board authorizes James Meeker, Highway Superintendent, to purchase at auction a used plow truck with a value of up to $50,000. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/14/15 *Resolution #71- Referral to Planning Board for Proposed Open Development Area Pursuant to Town Law Section 280a WHEREAS, the property owner of Tax Parcel Number 18.-1-19.8 would like to pursue a building permit for a residence on the property; WHEREAS, pursuant to Town Law section 280-a, a building permit cannot be issued if a property does not have access to a street or highway; and 44 WHEREAS, access from Taughannock Boulevard to TPN 18.-1-19.8 is via a right of way across the lands of adjacent property owners; and WHEREAS, the same right of way and the driveway located therein also provides access from Taughannock Boulevard to TPN 18.-1-19.4, 18.-1-19.5, 18.-1-19.62, and 18.-1-19.7, and it would be in the best interest of the Town and the owners of these parcels to consider all parcels served by the same right of way for inclusion in a proposed open development area; and WHEREAS, Town Law section 280-a(4) requires that the Town Board refer the matter to the Planning Board for its advice; NOW, THEREFORE, BE IT RESOLVED that the Town Board will consider establishment of an open development area pursuant to Town Law §280-a(4), to include the following properties: TPN 18.-1-19.4, 18.-1-19.5, 18.-1- 19.62, 18.-1-19.7 and 18.-1-19.8; and be it further RESOLVED that the Town Board hereby refers the proposed establishment of an open development area as described above to the Town of Ulysses Planning Board for advice, as required by Town Law §280- a(4); and be it further RESOLVED that the Town Board hereby directs the Planning Board to provide its advice to the Town Board in a written report; and that the Planning Board include any proposed conditions for an open development area in its report. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/14/15 *Resolution #72- Encroachment Resolution (with property neighboring the Town Hall) WHEREAS, the Town of Ulysses (“the Town”) is the owner of real property located at 10 Elm Street in the Village of Trumansburg, Town of Ulysses, State of New York, designated as Village of Trumansburg tax parcel numbers 6.-1-24 and 6.-1-22.1, where the Ulysses Town Hall is located (hereafter referred to as “the Town Property”); and WHEREAS, Tielens Properties LLC is the owner of property located at 44 East Main Street in the Village of Trumansburg, Town of Ulysses, State of New York, designated as Village of Trumansburg tax parcel number 6.- 1-23 (“the Tielens Property”), which adjoins the Town Property to the east; and WHEREAS, a survey map entitled “Lands of Tielens Properties LLC, Town of Ulysses, Village of Trumansburg, County of Tompkins, State of New York, tax map no. 6-1-23 by Reagan Land Surveying, dated April 6, 2015 (hereafter referred to as “the Survey Map”) shows that a portion of the Town’s stone retaining wall encroaches on the Tielens Property by approximately 3.5 feet; and 45 WHEREAS, it is in the Town’s interest to enter into an agreement which permits the encroaching stone retaining wall to remain in its current location; NOW, THEREFORE BE IT RESOLVED that, upon verification of the lot boundaries, the Town shall enter into an encroachment agreement with Tielens Properties LLC, subject to review and approval by the Attorney for the Town, which permits the Town’s stone retaining wall to encroach on the Tielens Property; and be it further RESOLVED that the Town Supervisor is hereby authorized to execute the above-referenced encroachment agreement on behalf of the Town. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/14/15 *Resolution #73- Budget Modifications BE IT RESOLVED that the Ulysses Town Board approve the following budget modifications: DA FUND BUDGET MODIFICATIONS DA5120.4 Maintenance of Bridges CE Increase $36,018.24 DA822.1 Bridge Repair Reserve Decrease $36,018.24 Tompkins County’s invoice for shared cost of bridge repair and maintenance on West Seneca Road Bridge (BIN 3210250. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/14/15 *Resolution #74- Approval of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims, voucher 94 through 137, in the amount of $69,323.59. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye 46 Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/14/15 *Resolution #75- Distribution of Late Fees on taxes BE IT RESOLVED that the Ulysses Town Board authorizes the Town Bookkeeper to deposit into the general fund the revenue of $4,121.39 collected from late payments on property taxes. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/14/15 *Resolution #76- Approval of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of 3/10, 3/21, 3/24 public hearing, and 3/24 meeting as edited. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness abstain Mr. Goldman aye Vote: 5-0 Date Adopted: 4/14/15 APRIL 28, 2015 – WORKING TOWN BOARD MEETING *Resolution #77- Approval of Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for April 28, 2015 with the addition of the shared service proposal from the county, MRB engineering contract, solar initiative discussion, and an executive session. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye 47 Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/28/15 *Resolution #78- Authorization to sign Contract with MRB BE IT RESOLVED that the Ulysses Town Board authorizes the Town Supervisor to sign the contract dated 4/23/15 for the proposal from MRB Group to perform the engineering study to evaluate water needs and options and provide a report to seek funding opportunities. Moved: Ms. Thomas Seconded: Mr. Hertzler Discussion- The board and Mr. Antweiler and Ms. Hillman continued to share their thoughts on the topic. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness nay Mr. Goldman aye Vote: 4-1 Date Adopted: 4/28/15 *Resolution #79- Amending the Personnel Policy BE IT RESOLVED that the Ulysses Town Board amends the Personnel Policy as indicated in the edits provided to the Town Board at the April 28, 2015 meeting changing the calculation of vacation, compensatory time, and clarifying vacation accrual. Moved: Ms. Thomas Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/28/15 *Resolution #80- Tax Cap Savings WHEREAS, the State of New York enacted legislation creating a Property Tax Freeze Credit as a part of the 2015 State Budget; and WHEREAS, the new law encouraged local governments to generate long-term property tax relief by sharing services, consolidating or merging, and implementing operational efficiencies; and WHEREAS, the law provides a “freeze credit” to qualified homeowners that is equal to the increase in property taxes levied by a taxing jurisdiction that limits any increase in its tax levy to a property tax cap set by State law 48 and develops and implements a Government Efficiency Plan (“Plan”) determined to be compliant by the New York State Division of Budget; and WHEREAS, to be determined compliant by the State, a Government Efficiency Plan must document actions that have been, or will be, taken that will result in a sustained three-year savings, beginning in 2017, that are equivalent to at least 1% of the combined 2014 property tax levies of all signatories to the Plan; and WHEREAS, in year one of the program, homeowners received a Freeze Credit if their local government stayed within the property tax cap; and WHEREAS, in year two of the program, homeowners will receive the Freeze Credit for taxes from any taxing jurisdiction that stays within the property tax cap and that also puts forward a compliant Government Efficiency Plan; and WHEREAS, while allowing local governments to submit individual Plans, the State has encouraged local governments to submit a single, countywide plan that achieves a savings of at least 1% of the combined property tax levies of all of the participants; and WHEREAS, the State will recognize only savings associated with actions implemented after January 1, 2012; and WHEREAS, prior to 2012, local governments in Tompkins County pioneered shared services, mergers, and consolidations including the centralization of the property tax assessment function, a fully consolidated public safety dispatch and interoperable communication system, a consolidated public transit system, a two-county community college and, most recently, an inter-municipal health benefits consortium that continue to generate multiple millions of dollars in annual savings for taxpayers within Tompkins County; and WHEREAS, in response to the State’s directive, the Tompkins County Council of Governments (TCCOG) formed a shared services committee that continues to explore a variety of prospective shared services, but recognizes that time and careful thought is required to ensure that any shared service initiative will result in lower costs and higher quality; and WHEREAS, it is now estimated that savings well in excess of 1% of the $88.4 million levied by all local governments within Tompkins County in 2014, including the County itself, will be achieved and sustained during the period 2017-2019 by a combination of savings associated with a dependent eligibility certification process undertaken by every municipal member of the Health Benefits Consortium and changes made by Tompkins County to the cost structure of its health benefit plan and; and WHEREAS, additional efficiencies may be identified by participating municipalities that may also be included in a countywide plan; and WHEREAS, in a resolution enacted April 23, 2015, the Tompkins County Council of Governments found that a consolidated countywide Plan that documents savings in excess of 1% of the combined 2014 property tax levies of all local governments within the County is the most efficient and effective way to respond to the State’s directive and has therefore endorsed the development and presentation of a single countywide Government Efficiency Plan that includes all local governments within Tompkins County; now therefore be it RESOLVED, that the Town of Ulysses endorses the designation of Tompkins County as lead entity in the development and submission of the Government Efficiency Plan and agrees to be a signatory to that Plan. 49 RESOLVED that the Town Clerk send a certified copy of this resolution to the County Administrator, Deputy Administrator Paula Younger, and Deputy Clerk Michelle Pottorff. Moved: Ms. Zahler Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/28/15 *Resolution #81- Approval of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of 4/14 meeting. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 4/28/15 MAY 12, 2015 – WORKING TOWN BOARD MEETING *Resolution #82- Approval of Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for May 12, 2015 with those changes. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler absent Mr. Hertzler aye Mr. Kerness absent Mr. Goldman aye Vote: 3-0 Date Adopted: 5/12/15 *Resolution #83- Approval of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims, 139-170, in the amount of $98,850.46. Moved: Ms. Thomas Seconded: Mr. Goldman 50 Ms. Thomas aye Ms. Zahler absent Mr. Hertzler aye Mr. Kerness absent Mr. Goldman aye Vote: 3-0 Date Adopted: 5/12/15 *Resolution #84- Zoning changes for General Code BE IT RESOLVED that the Ulysses Town Board recommends that the amendments to the Town of Ulysses Zoning Law pertaining to zoning enforcement, penalties and building permits; and changes to the definition of “agriculture” and “farm,” as provided to the Town Board, be added to the final draft of the General Code manuscript. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler absent Mr. Hertzler aye Mr. Kerness absent Mr. Goldman aye Vote: 3-0 Date Adopted: 5/12/15 *Resolution #85- Solar Tompkins HeatSmart Program WHEREAS the Town of Ulysses recognizes climate change as a pressing issue to which we must respond by reducing energy consumption and greenhouse gas emissions; and WHEREAS according to the U.S. Energy Information Administration, residential space and hot water heating in New York accounts for 66% - 75% of energy consumption in single-family homes; approximately one- third for domestic hot water and two-thirds for space heating; and WHEREAS energy efficiency improvements such as air-sealing, improved insulation and sustainable technologies such as air-source and ground-source heat pumps can reduce energy consumption and greenhouse gas emissions by 25% - 85% while making the home more comfortable and saving the owner money over the long term; and WHEREAS NY State General Municipal Law § 119-ee states that, “the legislature finds and declares that it is the policy of the state to achieve statewide energy efficiency and renewable energy goals, reduce greenhouse gas emissions and mitigate the effect of global climate change, and advance a clean energy economy; and that to achieve such policy and goals the state must promote the deployment of renewable energy systems and energy efficiency measures throughout the state; and that municipalities would fulfill an important public purpose by providing loans to property owners for the installation of renewable energy systems and energy efficiency measures;” and WHEREAS Solar Tompkins has developed a new program called HeatSmart Tompkins, which will use the Solar Tompkins model to educate the public about energy efficiencies that can be achieved with air-sealing, insulation and heat pumps for space and water heating; will identify qualified local installers who use best management practices; and will help homeowners identify incentives and financing options such as those described by GML § 119-ee; and will help homeowners achieve cost reductions through volume pricing; and WHEREAS the Town of Ulysses wishes to encourage homeowners to make these sort of energy efficiency improvements, and to take advantage of on-bill financing and other State incentives; and 51 WHEREAS Solar Tompkins has proven to be an effective program model for educating the community about energy conservation options, incentives, and financing methods and has been very successful in stimulating the Solar market in Tompkins County – including the installation of $12 million in solar energy infrastructure on 400 homes and creation of over 50 full-time living wage jobs; and WHEREAS Solar Tompkins is a non-profit organization that has served and will continue to serve the public interest by increasing the quality and value of the housing stock; educating the community and achieving energy efficiency and greenhouse gas reductions; and strengthening the local economy and creating local jobs; and WHEREAS Solar Tompkins will provide specific services to the Town of Ulysses as detailed in their Proposal of Services; Now, therefore be it RESOLVED that the Town of Ulysses will contract with Solar Tompkins for HeatSmart programming in the Town of Ulysses in the summer and fall of 2015. Moved: Ms. Thomas Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler absent Mr. Hertzler aye Mr. Kerness absent Mr. Goldman aye Vote: 3-0 Date Adopted: 5/12/15 *Resolution #86- Approval of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of 4/28. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler absent Mr. Hertzler aye Mr. Kerness absent Mr. Goldman aye Vote: 3-0 Date Adopted: 5/12/15 MAY 26, 2015 – WORKING TOWN BOARD MEETING *Resolution #87- Approval of Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for May 26, 2015 with the following changes: the addition of a report from the youth commission and moving foreclosed property up to after public comment. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye 52 Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 5/26/15 *Resolution #88- Potential Purchase of Property in Foreclosure BE IT RESOLVED that the Ulysses Town Board is interested in looking at the potential uses of property # 27.-4-6 and would like to have 6 months to evaluate the options. Moved: Mr. Goldman Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 5/26/15 *Resolution #89- Approval of Accounting Software Purchase WHEREAS the Ulysses Town Board recognizes the need to update its accounting system, and WHEREAS the Ulysses Town Board has been made aware of the systematic review of accounting system options, and WHEREAS the accounting software developed by Williamson Law Book Company rated higher than its competitors, and WHEREAS a bidding process will need to take place to identify a qualified CPA with expertise in data conversion from one accounting software to another, and WHEREAS the initial estimate for CPA work, installation, and start up for the accounting software is approximately $10,000, and WHEREAS the annual software support is $998.00 THEREFORE, be it resolved that the Ulysses Town Board authorizes the Town Supervisor to begin taking action on procuring a new and improved accounting software for the Town. Moved: Ms. Thomas Seconded: Mr. Kerness Discussion- Ms. Zahler and Mr. Goldman inquired about the costs. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 5/26/15 53 *Resolution #90- Approval of NYSERDA Contract WHEREAS, the Town of Ulysses applied for and was awarded $40,000 in grant funding through New York State Energy Research and Development Authority (NYSERDA) Cleaner, Greener Communities Program, Phase II: Category 2 for Zoning Law Updates; BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes the Town Supervisor to sign the grant agreement with NYSERDA. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 5/26/15 *Resolution #91- Authorizing the Supervisor to sign the Trails Grant Resolved that the Ulysses Town Board authorizes the Town Supervisor to sign the contract with the Tompkins County Planning Department to fund the Tompkins County Trail Users Information Website grant for a total of $14,500. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 5/26/15 *Resolution #92- Urging the New York State Assembly to Adopt A2177-A Amending the NYS Tax Law to Establish a Tax Credit For the Purchase and Installation of Geothermal Energy Systems (Id #5635) WHEREAS, the 2015 Tompkins County Comprehensive Plan has established greenhouse gas emissions reduction goals of at least 20% by 2020 and 80% by 2050 over our 2008 levels, and WHEREAS, the Tompkins County Environmental Management Council (EMC) has strongly supported these goals through public education, participation in County committees such as the Energy Road Map, and adoption of resolutions in support of the Tompkins County Public Library solar photovoltaic system and the Black Oak Wind Farm, and WHEREAS, the EMC Energy Committee has advocated for local programs that focus on energy conservation and energy efficiency to reduce demand as well as for the expansion of renewable energy systems to transition our community to one that relies on clean energy sources, and 54 WHEREAS, the EMC’s Energy Committee only recently learned of New York State Assembly bill A.2711 and brought the information to the May 14, 2015, EMC meeting, which resulted in a sense-of-the-body resolution (EMC Resolution 01-2015) recommending that the Legislature act expeditiously on this bill, and WHEREAS, the Solarize Tompkins SE program in 2013-2014 and the Solar Tompkins program in 2014-2015, resulted in homeowners contracting for more than 500 solar photovoltaic systems, and the creation of 50 new permanent jobs, and WHEREAS, Solar Tompkins is planning a new initiative for 2015-2016, Heat Smart Tompkins, featuring building efficiency upgrades combined with the installation of air-source and ground-source heat pumps, and WHEREAS, the 2015 Tompkins County Comprehensive Plan references the desirability of both air- and ground- source heat pumps, and WHEREAS, to foster public interest in and appreciation for these technologies, a financial incentive structure is necessary to encourage widespread adoption, and WHEREAS, solar photovoltaic systems in New York State receive New York State Energy Research and Development Authority (NYSERDA) block grant incentives as well as state and federal tax credits, and WHEREAS, currently there are no NYSERDA incentives or New York State tax credits provided for the installation of air-source or ground-source heat pumps, and WHEREAS, the public costs associated with the subsidies made available for geothermal heat pump incentives must be balanced by their environmental, social, and public health benefits, and WHEREAS, both houses of the New York Legislature have introduced a uniform bill (A.2177/S.2905) to provide tax credits for the installation of geothermal heat pump systems, and WHEREAS, S.2905 was adopted on Earth Day 2015, now therefore be it RESOLVED, That the Ulysses Town Board urges the New York State Assembly to adopt A.2177 in the current session of the Legislature, RESOLVED, further, That the Town Clerk send copies to Governor Andrew Cuomo, Assembly Speaker Carl Heastie, Assembly Energy Committee Chair Assemblywoman Amy Paulin, and Assemblywoman Barbara Lifton, RESOLVED, further, that the Ulysses Town Board urges that, upon passage by the Assembly, the Governor should sign S.2905/A.2177 into law. SEQR ACTION: TYPE II-20 Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 5/26/15 *Resolution #93- Supporting a Single-Payer Approach to Health Care In New York State WHEREAS, access to health care continues to be a major concern for all Americans and New York State residents [with over one million currently uninsured and a growing number underinsured], and WHEREAS, a single-payer approach, as the name implies, only federalizes how health-care providers are paid, leaving the choice of doctors and hospitals completely up to each individual and the choice of treatment up to each patient and his/her doctor, and WHEREAS, health-care costs continue to rise at rates above inflation and, under current conditions, the share of state income spent on health care and the administration of the health care system will rise to 18 percent by 2024, much faster than incomes are rising, and 55 WHEREAS, the Ulysses Town Board continues to believe that controlling health-care costs and ensuring health care for all residents are both of paramount importance, and WHEREAS, the simplest approach is to move directly from the current multiple-payer approach, with its high costs of administration, marketing, and profits for shareholders of the many insurance companies, to a single- payer system, where the government is the insurer of all, a system used in other industrialized democracies, and WHEREAS, New York Health would generate savings by replacing the complicated, costly, and often chaotic claims procedure currently employed by thousands of public and private insurance providers, with a simple, one-stop single-payer system for all claims, and WHEREAS, Senator Perkins and Assemblyman Gottfried have introduced the New York Health Act, A.5062 (Gottfried)/S.3525 (Perkins), which would establish a comprehensive universal health insurance program for all New Yorkers, with access to medical services and providers of their choice, without regard to age, income, health, or employment status and would impact both individual health outcomes and public health outcomes, and WHEREAS, New York Health will replace the current multi-payer system of employer-based insurance, individually-acquired insurance, and federally sponsored programs (e.g. Medicare and Medicaid) with a single- billing system funded by progressively-graduated assessments collected by the State and based on ability to pay, and WHEREAS, New York Health will be publically financed by two assessments based on ability to pay (a progressively graduated state payroll tax similar to the Medicare tax on payroll and self-employment income, and a surcharge on non-employment income (e.g. interest, dividends, capital gains), WHEREAS, New York Health will pool all health revenue sources (e.g. assessments, federally-matched public health programs, ACA subsidies, and other revenue sources) into a dedicated New York Health Trust Fund and pay Providers directly, and WHEREAS, New York Health will reduce billing expenses, administrative waste, monopolistic pricing of drugs and medical devices, and fraud, overall health care spending would be reduced by 15 percent or $45 billion per year by 2019, and WHEREAS, New York Health will reduce healthcare costs for government, public schools districts, businesses, and individuals in New York State, eliminate the “local share” funding of Medicaid that has been such a financial burden for property taxpayers, and eliminate out-of-pocket expenses, insurance premiums, insurance co-pays, and deductibles [98% of New Yorkers will pay less for their health care than they do today; and businesses, especially small businesses, will benefit from reduced costs], and WHEREAS, the April 2015 Economic Analysis of New York Health, by Gerald Friedman, Professor and Chair of the Economics Department, University of Massachusetts at Amherst, reports savings from reduced health spending in the amount of $71 billion [most savings are from eliminating private health insurance overhead and profits, reducing doctor and hospital billing and insurance-related expenses, eliminating uncompensated care from health providers, public hospitals and health centers, and decreasing drug and medical device costs with enhanced negotiating power], and 56 WHEREAS, the April 2015 Economic Analysis of New York Health reports a net savings of $44.7 billion, after projected program improvements and expansion of $25 billion for increased utilization due to universal coverage, expanded and more comprehensive health benefits, Medicaid and Medicare rate equity (increased provider reimbursement), unemployment insurance and job transition and retraining for lost insurance billing and claims jobs, and WHEREAS, New York Health would expand the network of providers to ensure continuity of care, and include a more comprehensive health care benefits package that includes preventive care, primary care, specialist, hospital care, rehabilitation care, occupational therapy, physical therapy, mental health care, dental care, vision and hearing care, reproductive health care, prescription drugs, and medical supplies/devices [a requirement for the development of a long-term care financing and benefits plan is included in the proposed legislation], and WHEREAS, New York Health would save enough in unnecessary costs to pay for the costs of universal health care coverage for all, extending coverage to all the uninsured and underinsured for basic necessary medical care, and would provide a more comprehensive benefits package at significantly less cost than the one offered through recent federal legislation, now therefore be it RESOLVED, That the Ulysses Town Board supports adoption of the New York Health Act, A.5062 Gottfried)/S.3525 (Perkins), RESOLVED, further, That the Ulysses Town Board urges the New York State Legislature and the Governor to recognize the widespread support for a new public approach, understand there is no stronger measure New York could take to cut our property taxes than to pass this bill into law, and take the opportunity to accomplish this major and long-needed reform, RESOLVED, further, That the Town Clerk send copies to Governor Andrew Cuomo, Senators John Flanagan, Jeffrey Klein, Kemp Hannon, Andrea Stewart-Cousins, James Seward, Michael Nozzolio, and Tom O’Mara, and Assemblyman Carl Heastie and Richard Gottfried, and Assemblywoman Barbara Lifton. SEQR ACTION: TYPE II-20 Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 5/26/15 *Resolution #94- Approval of Minutes of 5/12 BE IT RESOLVED that the Ulysses Town Board approve the minutes of 5/12 meeting. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye 57 Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 5/26/15 JUNE 9, 2015 – REGULAR TOWN BOARD MEETING *Resolution #95- Approval of Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for June 9, 2015 with the following additions: a budget modification and executive session. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/9/15 *Resolution #96- Clarifying TTHM Options WHEREAS the Town of Ulysses Town Board has been cited by the Tompkins County Department of Health due to exceedances over the federal threshold of Total Trihalomethanes (TTHMs) in municipal drinking water in the Ulysses Water District 3(WD3); and WHEREAS the June 27, 2014 resolution from the Tompkins County Department of Health required that the town submit an engineering report and plans to reduce the TTHM levels to under the federal threshold, including evaluation of alternatives and recommendations by January 15, 2015; and WHEREAS Hunt Engineer, Tim Steed, modeled the WD3 system and found that because the water district was originally overbuilt to provide the Village of Trumansburg with a second source of water, the water tank and aerator would be by-passed, and some water untreated altogether, during times of low water usage; and WHEREAS Mr. Steed, recommended the installation of a tank treatment (i.e. aerator/mixer) to address the immediate Board of Health violation, and in the long term, an interconnection with the Village of Trumansburg water system which is closer to Ulysses WD3 and drawn from a well which tends to have much lower TTHMs; and WHEREAS the Town Board passed a resolution on November 25, 2014 to move forward on bids to find the most appropriate aerator to install in the water tank on Van Dorn Rd; and WHEREAS since November 25, 2014 the following information has caused the Town of Ulysses to request an extension to the Tompkins County Board of Health resolution: • in a letter dated December 24, 2014, the Tompkins County Department of Health expressed concern over the success of the Van Dorn Road aerator option as a solution to the high TTHM levels due to the by-passing potential and encouraged the town to further investigate an interconnection with the village of Trumansburg; and • In their budget that passed in March 2015, the New York State Legislature added $200 million in funding for infrastructure. For the first time in years, grant funding for water systems will be available from the state making an affordable connection with the Village of Trumansburg a possibility. 58 • The Town of Ithaca expressed willingness to share the cost of installing an aerator in their water tank that feeds into WD3. Often the water coming in to WD3 is quite high in TTHMs. Reducing the TTHM load before it passes into the WD3 system might be a partial solution, especially if combined with an aerator in the Ulysses water tank. THEREFORE BE IT RESOLVED that based on this new information, the Town of Ulysses is now investigating the following options for reducing TTHMs in WD3. 1. An aerator in the Ulysses water tank on Van Dorn Road 2. An aerator in the Ithaca water tank on West Hill 3. Aerators in both the Ulysses and Ithaca water tanks 4. A connection to the Village of Trumansburg water system. RESOLVED that the Town of Ulysses will compare the costs, benefits and shortfalls of each option and hold a public information meeting before making a final decision on which option it will finally pursue. Moved: Ms. Thomas Seconded: Mr. Hertzler Discussion- Ms. Zahler amended the resolution to add that there will be input from Water District residents before a final decision is made. Mr. Boggs voiced concerns over the amount of energy being put forth to investigate a connection with Trumansburg. Mr. Goldman noted that he has no preference for connecting to Trumansburg. Ms. Hillmann responded that comments at a former meeting have contributed to her opinions. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/9/15 *Resolution #97- Planning Board Member Appointment BE IT RESOLVED that the Ulysses Town Board appoints Craig Salino to the position left vacant by the resignation of Andrew Rice beginning immediately and with a term ending of 12/31/2018. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/9/15 59 *Resolution #98- Request For Planning Board Report On Proposed Open Development Area (Town Law Section 280(A)) WHEREAS, at the April 14, 2015 meeting, the Town Board referred a proposed Open Development Area (for tax parcel numbers 18.-1-19.4, 18.-1-19.5, 18.-1-19.62, 18.-1-19.7 and 18.-1-19.8) to the Planning Board for its advice; and WHEREAS, the Planning Board has discussed the topic at meetings held on April 21, May 5, May 19, and June 2, 2015; and WHEREAS, pursuant to Town law section280-a(4) the Town Board shall allow the Planning Board a reasonable time to report on its advice; NOW THEREFORE BE IT RESOLVED that the Town Board requests that the Planning Board provide its advice on the Open Development Area by the Town Board meeting on June 23, 2015. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/9/15 *Resolution #-99- Tax Cap Override – Set Public Hearing BE IT RESOLVED that the Town Board of the Town of Ulysses will hold a Public Hearing on the proposed Local Law # 1 of 2015 to override the NYS tax levy limit as allowed by General Municipal Law. The Public Hearing will be on 6/23/2015 at 6:30pm at the Ulysses Town Hall at 10 Elm St. Trumansburg, NY. Moved: Ms. Thomas Seconded: Ms. Zahler Discussion- Mr. Kerness inquired as to why they are doing this. Ms. Thomas responded that there are costs over which the board has no control so she would like to have this law in place in case they need it at budget time. Ms. Zahler hopes they don’t need to use it but wants to have it in place. She added that EMS billing revenue is coming in but had not been budgeted for. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler abstain Mr. Kerness nay Mr. Goldman aye Vote: 3-1 Date Adopted: 6/9/15 *Resolution #100- Approval of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of 5/26. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye 60 Vote: 5-0 Date Adopted: 6/9/15 *Resolution #101- Budget Modifcations BE IT RESOLVED that the Ulysses Town Board move $500 from contingency in the A fund to the Sidewalk CE line. The balance in contingency will be $8500. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/9/15 *Resolution #102- Approval of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims 171-205 in the amount of $45,436.23. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/9/15 JUNE 23, 2015 – WORKING TOWN BOARD MEETING *Resolution #103- Approval of Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for June 23, 2015 with the addition of a General Announcements section. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/23/15 61 *Resolution #104- SEQR for Establishing an Open Development Area For Tax Parcel Numbers 18.-1-19.21, 18.-1-19.22, 18.-1-19.4, 18.-1-19.5, 18.-1-19.62, 18.-1-19.7, And 18.-1- 19.8. WHEREAS, this action is the establishment of an open development area for Tax Parcel Numbers 18.-1-19.21, 18.-1-19.22, 18.-1-19.4, 18.-1-19.5, 18.-1-19.62, 18.-1-19.7, and 18.-1-19.8; and WHEREAS, this is an Unlisted Action for which the Town of Ulysses Town Board is acting as lead agency in an environmental review with respect to this action; and WHEREAS, the Town Board, at a meeting held on June 23, 2015, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts 1, 2, and 3 for this action, prepared by Town staff; NOW, THEREFORE, BE IT RESOLVED that the Town of Ulysses Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review, for the above referenced action as proposed, based on information in the SEAF Part 1 and for the reasons set forth in the SEAF Part 2, and therefore, a Draft Environmental Impact Statement will not be required. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler abstain Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 6/23/15 *Resolution #105- Establishing An Open Development Area For Tax Parcel Numbers 18.-1- 19.21, 18.-1-19.22, 18.-1-19.4, 18.-1-19.5, 18.-1-19.62, 18.-1-19.7, And 18.-1-19.8. 1. WHEREAS, pursuant to Town Law section 280-a, a building permit cannot be issued if a property does not have access to a street or highway; and 2. WHEREAS, pursuant to Town Law section 280-a(4), Town Board establishment of an open development area allows for the issuance of building permits for lots that do not have access to a street or highway; and 3. WHEREAS, the property owner of Tax Parcel Number 18.-1-19.8 would like to pursue a building permit for a residence on the property, which is an existing nonconforming lot; and 4. WHEREAS, access from Taughannock Boulevard to TPN 18.-1-19.8 is via a right of way across the lands of adjacent property owners; and 5. WHEREAS, the same right of way and the driveway located therein also provides access from Taughannock Boulevard to TPN 18.-1-19.21, 18.-1-19.22, 18.-1-19.4, 18.-1-19.5, 18.-1-19.62, and 18.-1-19.7, and it would be in the best interest of the Town and the owners of these parcels to consider all parcels served by the same right of way for inclusion in a proposed open development area; and 6. WHEREAS, pursuant to Town Law section 280-a(4), on April 14, 2015, the Town Board referred the proposed establishment of an open development area for Tax Parcel Numbers 18.-1-19.21, 18.-1-19.22, 18.-1- 19.4, 18.-1-19.5, 18.-1-19.62, 18.-1-19.7, and 18.-1-19.8 to the Planning Board for its advice; and 7. WHEREAS, the Trumansburg Fire Department and EMS recommended additional signage for house numbers, tree trimming along the access road, and a 20 foot wide entrance at the proposed residence that would allow for emergency vehicles to turn around; and 62 8. WHEREAS, at its June 16, 2015, the Planning Board approved a resolution with narrative recommendations regarding the establishment of an open development area for the above referenced parcels, subject to certain conditions; and 9. WHEREAS, pursuant to the New York State Environmental Quality Review Act and its implementing regulations at 6 NYCRR Part 617, the establishment of said open development area is an Unlisted action for which the Town of Ulysses Town Board, acting as lead agency in an environmental review with respect to the establishment of the open development area, has, on June 23, 2015, made a negative environmental determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts 1 and 2, maps, and other materials; NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Ulysses hereby establishes an open development area for Tax Parcel Numbers 18.-1-19.21, 18.-1-19.22, 18.-1-19.4, 18.-1-19.5, 18.-1-19.62, 18.-1-19.7, and 18.-1-19.8 be established, subject to the following conditions: a. There shall be no future subdivision of the parcels unless the Planning Board makes a determination that the access is sufficient for any future parcels. b. The right of way granting access to the parcels shall remain in place. c. The driveway will consist of asphalt, another hard surface, or gravel and will be sufficient to support the passage of emergency vehicles with at least a 20' wide entrance for new residences. d. Trees and branches overhanging the access road shall be trimmed to accommodate vehicles approximately 13-14 feet tall. e. House number signs shall be installed where the access road splits and at the start of the driveway of each house. f. Any land disturbance within the Open Development Area and within the Slope Overlay Area and/or Unique Natural Area is subject to Site Plan Approval by the Planning Board. g. All future deeds and easements for all the parcels in the Open Development Area shall contain the following provision: “This conveyance is made and accepted subject to the Open Development Area conditions approved by the Town Board of the Town of Ulysses on June 23, 2015.” Moved: Ms. Thomas Seconded: Mr. Kerness Discussion: • Mr. Kerness asked for further clarification of Fire/EMS vehicle turnaround capability. • Ms. Zahler wished to clarify section f. The Town Board recently approved guidelines to better define “disturbance.” • Mr. Goldman and Ms. Zahler thanked the members of the Planning Board for their thoughtful consideration of this issue. • Mr. Kerness wondered whether other residents of the West Shore with shared driveways would be notified of the Fire Chief’s recommendations to install clearer signage to direct emergency vehicles. • Ms. Zahler will be sending information to Nancy Cool to distribute through the West Shore list serve. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye 63 Mr. Goldman aye Vote: 5-0 Date Adopted: 6/23/15 *Resolution #106- Local Law #1 Of 2015: To 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 l 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 Town Board of the Town of Ulysses reviewed and discussed a proposed local law to override the tax levy limit and adopted a resolution on June 9, 2015 for a public hearing to be held by said Town on June 23, 2015 at 6:30 p.m. to hear all interested parties on the proposed local law entitled "A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3- C"; and WHEREAS, information from New York State that enables calculation of the Town’s 2016 property tax cap is not available until late summer, and 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 WHEREAS a Public Hearing was held on June 23, 2015 having been publicized in the Ithaca Journal on June 13, 2015. 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 1 of 2015: TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPALLAW §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, 2016 and ending December 31, 2016 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. 64 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 2016 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. SEQR ACTION: TYPE II-20 Moved: Mr. Hertzler Seconded: Ms. Zahler Discussion- Ms. Thomas noted that the town has passed this law every year for 5 years but have only once exceeded the tax cap. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness nay Mr. Goldman aye Vote: 4-1 Date Adopted: 6/23/15 *Resolution #107- Approval of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of 6/9. Moved: Ms. Thomas Seconded: Mr. Goldman Discussion- Ms. Zahler requested that she be added to the attendance section. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 6/23/15 JULY 14, 2015 – REGULAR TOWN BOARD MEETING *Resolution #108- Approval of Agenda 65 BE IT RESOLVED that the Ulysses Town Board approve the agenda for July 9, 2015 with the following changes- adding the Day of Giving, moving Approval of Vouchers, adding an Executive Session, and removing or abbreviating the discussion of town fees. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/14/15 *Resolution #109- Approval of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims 206-246 in the amount of $52,329.25. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/14/15 *Resolution #110- Authorizing a letter to advocate for geo-thermal tax credit Ms. Zahler moved that the Town Board authorize the EMC liaison, John Hertzler, and the Supervisor, Liz Thomas, to draft and sign a letter on behalf of the Town Board advocating for geothermal tax credit incentives for New York State. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/14/15 *Resolution #111- Adjusting the water rate for Water District 3 WHEREAS the Town of Ithaca has increased the rate of the water it sells to the Town of Ulysses to supply Water District 3; and WHEREAS since January 2015, the new rate is $6.38/1000 gallons however due to an oversight, the Town of Ulysses was not notified of this rate change for the first two billing quarters; and 66 WHEREAS by law, Water Districts must be self-supporting, THEREFORE, BE IT RESOLVED that to make up for the delay in increasing the water rate, the new water rate for Water District 3 customers will be $6.76/1,000 gallons for the third and fourth quarter of 2015; and RESOLVED the Town Clerk will contact the Town of Ithaca to request the 2016 water rates in time for the first billing in 2016. Moved: Ms. Thomas Seconded: Mr. Kerness Mr. Goldman inquired whether it is in the town’s agreement with Ithaca that they have to inform the town of any changes in fee. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/14/15 *Resolution #112- Approval of the 2015 Amendment to the Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium WHEREAS, the Town of Ulysses is a Participant in the Greater Tompkins County Municipal Health Insurance Consortium (the "Consortium"), a municipal cooperative organized under Article 47 of the New York Insurance Law, and WHEREAS, the municipal participants in the Consortium, including this body, have approved and executed a certain Municipal Cooperation Agreement (the "Agreement"; effective date of October 1, 2010) and Amendment (2014) that provides for the operation and governance of the Consortium, and WHEREAS, Article 47 of the New York Insurance Law (the "Insurance Law") and the rules and regulations of the New York State Department of Financial Services set forth certain requirements for governance of municipal cooperatives that offer self-insured municipal cooperative health insurance plans, and WHEREAS, the Agreement sets forth in Section Q2 that continuation of the Consortium under the terms and conditions of the Agreement, or any amendments or restatements thereto, shall be subject to Board review on the fifth (5th) anniversary of the Effective Date and on each fifth (5th) anniversary date thereafter (each a “Review Date”), and WHEREAS, by motion 005-2015, adopted on May 28, 2015, the Consortium's Board of Directors recommends approval of the 2015 amended agreement based on review of the document by the Municipal Cooperative Agreement Review Committee, the New York State Department of Financial Services, and the Consortium’s legal counsel, and WHEREAS, the Municipal Cooperative Agreement requires that amendments to the agreement be presented to each participant for review and adopted by its municipal board, WHEREAS, the Town of Ulysses) is in receipt of the proposed amended Agreement and has determined that it is in the best interest of its constituents who are served by the Consortium to amend the Agreement as set forth in the attached 2015 Amended Municipal Cooperative Agreement, now therefore be it 67 RESOLVED, that the Town of Ulysses approves and authorizes the Town Supervisor to sign the 2015 Amendment to the Municipal Cooperative Agreement of the Greater Tompkins County Municipal Health Insurance Consortium, and RESOLVED, further, that the Clerk of the Town of Ulysses is hereby authorized to execute this Resolution to indicate its approval, transmit a copy thereof to the Board of Directors of the Greater Tompkins County Municipal Health Insurance Consortium, and take any other such actions as may be required by law. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/14/15 *Resolution #113- Appointing A Committee To Select A Planning Firm To Assist With Grant To Update Zoning WHEREAS: 1. The Town of Ulysses has an executed contracted with NYSERDA for a project to update the Zoning regulations and funding for a consultant to complete a majority of the work; and 2. A Request for Qualifications has been released in order to find a qualified consultant; and 3. A Consultant Selection Committee should include the Town Supervisor, the First Deputy Supervisor, the Environmental Planner, and a current or former Planning Board, Zoning Board of Appeals, and Comprehensive Plan Committee member; NOW THEREFORE BE IT RESOLVED that the Town of Ulysses Town Board appoints a Consultant Selection Committee of Supervisor Elizabeth Thomas, Deputy Supervisor Nancy Zahler, Environmental Planner Darby Kiley, Zoning Board of Appeals member David Means, former Comprehensive Plan Committee member Sue Poelvoorde, and Planning Board member David Blake; and FURTHER RESOLVED that based on the Consultant Selection Committee’s decision, the Town Board authorizes the Town Supervisor to sign an agreement with the selected consultant, subject to approval from NYSERDA, for the scope of services outlined in the Request for Qualifications and the executed contract with NYSERDA. Moved: Ms. Thomas Seconded: Mr. Goldman Mr. Goldman inquired whether the selected consultant is truly subject to approval from NYSERDA. Ms. Kiley replied in the affirmative but noted that it is a quick process. Mr. Goldman moved a Friendly Amendment to change the wording in #1 of the first Whereas to clarify that NYSERDA is funding “a project” to enable the Town to update its zoning; seconded by Mr. Kerness. Ms. Thomas aye Ms. Zahler aye 68 Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/14/15 *Resolution #114- Approval Of Additional Savings Account WHEREAS the Town of Ulysses Supervisor and Bookkeeper recommend opening a separate new savings account to keep assigned funds (reserves) and unclaimed exonerated bail in a separate account would increase clarity and accounting transparency. THEREFORE BE IT RESOLVED that the Town Board approves opening new savings account with Tompkins Trust Company; and RESOLVED signatories for this account will be the Town Supervisor, Elizabeth Thomas and the Town Clerk, Carissa Parlato; and RESOLVED that the Town Clerk will provide a certified copy of this resolution to the Bookkeeper to submit with the paperwork needed to open the savings account. Moved: Ms. Thomas Seconded: Ms. Zahler Mr. Goldman moved a friendly amendment to change the word “feel” to “recommend” in the first paragraph; seconded by Mr. Kerness. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/14/15 *Resolution #115- Comment On Time Warner And Charter Communication Merger RESOLVED that the Town Board of Ulysses authorizes the Town Supervisor to sign the attached letter regarding the Time Warner and Charter Communications merger. Moved: Ms. Thomas Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/14/15 *Resolution #116- Authorizing A Letter In Support Of A Grant Application For Stormwater Conveyance System Mapping WHEREAS: 69 1. New York State Department of Environmental Conservation Water Quality Improvement Project Program has funding available for Municipal Separate Storm Sewer Systems (MS4) comprehensive system mapping; and 2. On behalf of the Stormwater Coalition of Tompkins County, of which the Town of Ulysses is a member, the Tompkins County Soil and Water Conservation District is submitting an application titled “Stormwater Conveyance System Mapping, and Sewershed Delineation;” 3. The benefit to the Town of Ulysses will be a complete stormwater conveyance system map, including sewershed delineation, access to the information through an online mapping application, and 4. The cost to the Town will be staff time to work with the Stormwater Coalition program coordinator regarding the data collection and project implementation; BE IT RESOLVED, that the Town of Ulysses Town Board authorizes the Town Supervisor to sign a letter of intent in support of the application and that the Town of Ulysses will participate in this project if funding is awarded. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/14/15 *Resolution #117- Approval of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of 6/23 as edited by Ms. Zahler. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 7/14/15 AUGUST 11, 2015 – REGULAR TOWN BOARD MEETING *Resolution #118- Approval of Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for August 11, 2015 with the following additions- a resolution to increase hours of the Bookkeeper/Deputy Supervisor; to increase the water rate of Water District 4 and bulk purchasers of water. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye 70 Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 8/11/15 *Resolution #119- GENERAL CODE – review of final content RESOLVED that the General Code manuscript with the title "7/23 with edits" be forwarded by the Town Clerk to General Code with additional edits approved at the Town Board meeting on 8/11/2015. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 8/11/15 *Resolution #120- Cancellation of 8/25 meeting Ms. Thomas moved to cancel the 8/25 meeting of the Ulysses Town Board. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 8/11/15 *Resolution #121- Authorizing Due Diligence Re: Possible Acceptance of Donated Land WHEREAS, ExxonMobil owns seven parcels of land in the hamlet of Jacksonville which they acquired in partial fulfillment of an agreement to remediate a gasoline leak from the gas station previously owned by Mobil Oil and WHEREAS, the Town of Ulysses contacted Exxon Mobil in 2013 to inquire about their plans for an historic church located on Tax Parcel 25.-4-26 at 5020 Jacksonville Road which was rapidly deteriorating, and WHEREAS, representatives from ExxonMobil responded to the Town and expressed possible interest in donating surplus properties to the Town of Ulysses, and WHEREAS, the Town has a public interest in assuring that the old church is stabilized and preserved and that the other vacant parcels be made available for allowable uses that would help to revitalize Jacksonville in ways consistent with the Town’s Comprehensive Plan, and 71 WHEREAS, the Town is committed to exercising due diligence in considering whether to accept any donated land and/or structures, now therefore be it RESOLVED, that the Town of Ulysses authorizes the Supervisor to enter into agreements with consultants to: 1) conduct a Phase I Assessment using guidelines from US Environmental Protection Agency to assure that the parcels are safe for re-development and 2) estimate the cost of stabilizing the old church and RESOLVED, that an amount of no more than $4,500 be allocated for the purchase of services to exercise the due diligence described above. Moved: Ms. Zahler Seconded: Mr. Kerness Friendly amendment: Ms. Zahler suggested a friendly amendment to change “razed” to “vacant” in the fourth Whereas paragraph; to delete number 3 under the second Resolved; and to delete the line item reference in the final Resolved paragraph. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 8/11/15 *Resolution #122- Authorizing The Town Supervisor To Submit An Application To The Environmental Facilities Corporation (EFC): WHEREAS the Town of Ulysses Water District 3 water system has been identified with chlorination by-products known as Total Trihalomethanes (TTHM’s) which have been exceeding the Maximum Contaminant Level (MCL) for TTHM’s and is a violation of the Subpart 5-1.52 of the NYS Sanitary Code (NYSSC), and WHEREAS the Tompkins County Health Department (TCHD) has resolved to order the Town of Ulysses to resolve the TTHM issue in accordance with their latest Resolution Order and is interested in seeing the TTHM levels in Water District 3 to be maintained below the MCL level for the sake of the public health of Water District 3 and that the TCHD has provided their latest Order that requires the submission of an Engineering Report by September 15, 2015; and WHEREAS the Town of Ulysses is exploring the cost of connecting Water District 3 to the Village of Trumansburg municipal water supply in order to reduce or eliminate the level of TTHM’s and in order to achieve compliance with the MCL violation of the NYSSC and with the understanding that connecting to a well water source may resolve the TTHM violation issue; if other less costly options to eliminate the TTHM issue are determined to be a less favorable or a lesser feasible solution, and WHEREAS in order to determine the more precise cost of the municipal connection, the Town may submit a non-binding application to the NYS Environmental Facilities Corporation which may provide information relative to finances that may impact the overall cost to each user in Water District #3; and 72 WHEREAS once the application package is processed and the funding approved, the Town has no obligation to proceed with the connection, but will use this information to help make a decision about the municipal water connection to Trumansburg; and WHEREAS the deadline for the application submission is September 4, 2015. THEREFORE, BE IT RESOLVED that the Ulysses Town Board authorizes the Town Supervisor to execute those required documents and any associated documents to allow the submission of an application to the Environmental Facilities Corporation to ascertain potential funding for a municipal water connection to the Village of Trumansburg. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 8/11/15 *Resolution #123- Appointing A New Planning Board Member RESOLVED that the Ulysses Town Board appoints Rebecca Schneider to the position left vacant by the resignation of Craig Salino, formerly held by Andy Rice, beginning immediately and with a term ending 12/31/2018. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 8/11/15 *Resolution #124- Adjusting Water Rate For Water District 4 And Bulk Buyers Of Water WHEREAS the Town of Ithaca has increased the rate of the water it sells to the Town of Ulysses to supply Water District 4; and WHEREAS since January 2015, the new rate is $6.38/1000 gallons however due to an oversight, the Town of Ulysses was not notified of this rate change for the first two billing quarters; and WHEREAS by law, Water Districts must be self-supporting, THEREFORE, BE IT RESOLVED that to make up for the delay in increasing the water rate, the new water rate for Water District 4 and any bulk water purchase customers will be $6.76/1,000 gallons for the third and fourth quarter of 2015; and RESOLVED the Town Clerk will contact the Town of Ithaca to request the 2016 water rates in time for the first billing in 2016. 73 Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 8/11/15 *Resolution #125- To Adjust The Hours Of The Bookkeeper/Deputy Supervisor BE IT RESOLVED that the Town Board of the Town of Ulysses increases the hours of the Bookkeeper/Deputy Supervisor position from 31 hours/week to 35 hours/week. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 8/11/15 *Resolution #126- Approval of Minutes: 7/14 BE IT RESOLVED that the Ulysses Town Board approve the minutes of 7/14 as edited by Ms. Zahler. Moved: Mr. Hertzler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 8/11/15 *Resolution #127- Approval of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims 247-290 in the amount of $38,922.57. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye 74 Mr. Goldman aye Vote: 5-0 Date Adopted: 8/11/15 SEPTEMBER 8, 2015 – REGULAR TOWN BOARD MEETING *Resolution #128- Approval of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for Sept. 8, 2015 with the following additions- the resolution to appoint an alternate is actually a full seat appointment; solar local law discussion; minutes of 8/20 and software purchase for bookkeeping. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/8/15 *Resolution #129- Sending fee schedule to General Code Mr. Goldman moved to approve that the fee schedule of 9/8/15 be forwarded to General Code for inclusion in the codification process. Moved: Mr. Goldman Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/8/15 *Resolution #130- Appointing Pete Angie to the Planning Board RESOLVED that the Town Board of the Town of Ulysses appoints Pete Angie for the Planning Board to fill out the term now vacant per the resignation of Sarah Adams for a term expiring 12/31/2015. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye 75 Vote: 5-0 Date Adopted: 9/8/15 *Resolution #131- Approve Availability Of Additional Health Care Plans For 2016 Whereas, the Greater Tompkins County Municipal Health Insurance Consortium (Consortium) has approved the Standard Platinum Plan and a Medicare Supplemental Plan effective January 1, 2015; and Whereas, the Town Board will be reviewing the Standard Platinum Plan and the Medicare Supplemental Plan and comparing them to the Town’s current plans; and Whereas, the Town Board, after discussions with employees, may want to offer the Standard Platinum Plan as an additional health insurance plan option to employees; and Whereas, the Town may elect to offer the Consortium’s Medicare Supplemental Plan, now, therefore, be it Resolved, the Town Board authorizes the Greater Tompkins County Municipal Health Insurance Consortium to include the Standard Platinum Plan and the Medicare Supplement Plan as additional health care options to be available, effective January 1, 2016 to the Town of Ulysses and its employees/retirees and further Resolved, adoption of this resolution to add additional options does not commit the Town or its employees/retirees to the new plans at this time. Any changes to be made will follow thorough reviews and official enrollments later in 2015 for 2016 and further, Resolved, the Clerk is authorized and directed to send a certified copy of this resolution to the Consortium. Moved: Ms. Zahler Seconded: Mr. Goldman Discussion: Mr. Kerness noted that the cost for the supplemental plan is very high. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/8/15 *Resolution #132- Proclaiming Seal The Cracks – Climate Offset Week Whereas, the City of Ithaca and Tompkins County are leaders in the clean energy transition and are working to achieve their shared Climate Goal of 80% emission reductions by 2050; and Whereas, energy conservation and efficiency are the most important steps we can take to reduce our consumption of fossil fuels, and local offsets are an easy and affordable step we can each take to compensate for carbon emissions we cannot eliminate; and Whereas, local carbon offsets through the Finger Lakes Climate Fund, a project of Sustainable Tompkins, a not- for-profit corporation based in Ithaca, NY, are an affordable means to fund energy efficiency projects that 76 would not otherwise be possible in lower-income households, increasing their comfort and security, providing local jobs, and reducing fossil fuel emissions; and Whereas, safe, comfortable, energy efficient and affordable housing should be available to all residents of Ithaca and Tompkins County; and Whereas, the Climate Fund has awarded 13 grants totaling $27,769 and offset over 1400 tons of local emissions, and typically these matching grants leverage about five times more investment in energy improvements by filling the gap in financing; and Whereas, we believe it is essential to ensure everyone in our community is able to make the transition to a clean energy future, and Seal the Cracks is a community-wide campaign to promote the Sustainable Tompkins Finger Lakes Climate Fund to raise funds to help lower-income households reduce their fossil fuel dependency; Now, therefore, the Town of Ulysses Town Board does hereby proclaim Saturday, October 24th to Friday, October 30th, 2015 as Seal the Cracks Climate Offset Week in the Town of Ulysses. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/8/15 *Resolution #133- Williamson Contract for bookkeeping RESOLVED that the Ulysses Town Board approves the Town Supervisor signing the Williamson Law Book Company Annual Software Support Contract for $998, contingent upon the Supervisor being satisfied with the terms of the software licensing agreement. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/8/15 *Resolution #134- Approval of Minutes: 8/11 & 8/20 BE IT RESOLVED that the Ulysses Town Board approve the minutes of 8/11 and 8/20. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye 77 Ms. Zahler aye Mr. Hertzler aye Mr. Kerness abstain Mr. Goldman aye Vote: 4-0 Date Adopted: 9/8/15 *Resolution #135- Approval of Budget Modifications RESOLVED that the budget be modified by increasing budget line A1220.4 (Supervisor CE) by $4932 and decreasing A1220.12 (Deputy Supervisor PS) by $4932. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/8/15 *Resolution #136- Approval of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims 291-326 in the amount of $25,200.48. Moved: Ms. Thomas Seconded: Mr. Goldman Discussion: Mr. Kerness noted that two vouchers did not have signatures. Ms. Wright noted that those were taken care of. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/8/15 SEPTEMBER 22, 2015 – TOWN BOARD MEETING *Resolution #137: Approval of Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for September 22, 2015 with the following changes: change the title of the General Code adoption resolution; remove the steering committee update. Moved: Ms. Thomas Seconded: Mr. Hertzler 78 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/22/15 *Resolution #138 - set public hearing for LL NO. 2: Codification of Local Laws WHEREAS the Town Board of the Town of Ulysses has entered into a project for the codification of local laws, ordinances and certain resolutions of the Town of Ulysses for the purposes of increasing the effectiveness of town governmental administration, providing for greater public awareness of and access to town legislation and protecting the health, safety and welfare of town inhabitants; and WHEREAS the proposed codification has been published in loose-leaf form and the Town Board now desires to formally effect the adoption of said codification by enactment of a local law; NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held by the Town Board with respect to enactment of the following local law, such public hearing to be held on the 27th day of October, 2015, at 6:30 p.m., in the Town Hall, Town of Ulysses, New York. The proposed local law to be considered is as follows: LOCAL LAW NO. 2-2015: A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE TOWN OF ULYSSES INTO A MUNICIPAL CODE TO BE DESIGNATED THE “CODE OF THE TOWN OF ULYSSES” Copies of the text of the above-named local law shall be filed in the office of the Town Clerk. AND BE IT FURTHER RESOLVED that the Town Clerk is hereby directed and authorized to cause public notice of said hearing to be given in accordance with the Municipal Home Rule Law, the Open Meetings Law and §§ 264 and 265 of the Town Law of the State of New York. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/22/15 *Resolution #139: Solar Regulations RESOLVED that the Town Board of the Town of Ulysses approves the solar regulations draft amended by the Town Board on 9/22. 79 Moved: Mr. Hertzler Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/22/15 *Resolution #140: Set Dates to Review the 2016 Budget RESOLVED that the Town Board of Ulysses sets meetings to review the 2016 budget for the following dates and times: Thursday, Oct. 8 at 8am; Thursday, Oct. 15 at 8am; and Thursday, Oct. 22 at 7pm. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/22/15 *Resolution #141: Approval of Minutes RESOLVED that the Town Board of Ulysses approve the minutes of 9/8 as edited by Ms. Zahler. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 9/22/15 OCTOBER 13, 2015 - TOWN BOARD MEETING Town of Ulysses *Resolution #142: approval of meeting agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for Oct.13, 2015 with the following changes: the addition of resolutions for hours of clerk’s office and ash pile of power plant. 80 Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness absent Mr. Goldman aye Vote: 4-0 Date Adopted: 10/13/15 *Resolution #143: authorization to purchase highway equipment RESOLVED that the Town Board of the Town of Ulysses authorizes Town Supervisor Thomas to sign a letter of intent to purchase a 2016 Case 721F Wheel Loader T4F for the price quoted on 6/25/15 of $147,154.66, with extra negotiated options added for a total not to exceed $170,000 as recommended by Ulysses Highway Superintendent James Meeker based on New York State contract price quoted by Monroe Tractor. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/13/15 *Resolution #144: request for speed limit reduction WHEREAS a limited sight distance exists on Halseyville Road causing dangerous situations; and WHEREAS residents have requested a speed limit reduction, THEREFORE, BE IT RESOLVED that the Ulysses Town Board requests a speed limit reduction on Halseyville Road (County Route 170) between Perry City (County Route 142) and Iradell Roads (County Route 177). Moved: Ms. Thomas Seconded: Mr. Goldman Discussion: Mr. Kerness asked Ms. Geldenhuys whether he needed to recuse himself as he lives on Halseyville Road. Ms. Geldenhuys replied in the negative as the issue is of interest to many people in the community rather than Mr. Kerness personally. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/13/15 81 *Resolution #145: set public hearing for Solar Energy zoning scheduling a public hearing for a local law to amend the code of the town of Ulysses, chapter 212 to add definitions of solar energy systems, permit their use in zoning districts and enact standards BE IT RESOLVED that the Town Board of the Town of Ulysses (1) accepts the proposed Local Law as amended at the 10/13/2015 meeting, to amend the Code of the Town of Ulysses, Chapter 212 to add definitions of solar energy systems, permit their use in zoning districts, and enact standards; and (2) deems it ready for consideration at a public hearing; and be it further RESOLVED that the Town Board hold a public hearing on Tuesday, Nov. 10 at 6:30pm at the Ulysses Town Hall, 10 Elm Street, Trumansburg, New York, for the purpose of hearing public comment on the proposed Local Law as described above; and amended at the 10/13/2015 meeting; and be it further RESOLVED that at least ten days prior to the public hearing, the Town Clerk shall arrange for (1) publication of notice of the public hearing in the Ithaca Journal and (2) written notification of neighboring municipalities and New York State Parks. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/13/15 *Resolution #146: appointing a new alternate to the planning board BE IT RESOLVED that the Ulysses Town Board appoints Lisa Anderson to the alternate position left vacant when Craig Salino was appointed to fill Andrew Rice's member seat. The term begins immediately and ends 12/31/2015. Moved: Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/13/15 *Resolution #147: appointment of steering committee for zoning update WHEREAS, a Steering Committee is needed to guide the development of the Zoning updates project funded by a NYSERDA grant which will bring the Town of Ulysses Zoning Law in line with its Comprehensive Plan, and 82 WHEREAS the Steering Committee will guide outreach efforts to the various segments of the town affected by the planned zoning changes and communicate progress to Town of Ulysses boards and committees. Now therefore, BE IT RESOLVED that the Town Board appoints the following to the Zoning Update Steering Committee: Elizabeth Thomas, Town Supervisor; Nancy Zahler, Deputy Supervisor; Darby Kiley, Environmental Planner; George Tselekis, Board of Zoning Appeals; Rod Hawkes, former Planning Board member; Susan Ritter, former Comprehensive Plan Committee member; BE IT FURTHER RESOLVED that the Steering Committee will select a chair from its membership and establish a meeting schedule that will be open to the public. Moved: Ms. Zahler Seconded: Mr. Kerness Discussion: Mr. Goldman commented on the lack of involvement by the current planning board. Ms. Kiley and Ms. Thomas responded that the planning board agrees that it will be involved as a whole rather than as individual members. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/13/15 *Resolution #148: resolution to change the office hours of the town clerk BE IT RESOLVED that the office hours of the Town Clerk will now be 8am-4pm, Monday-Friday. Additionally, Saturdays 9-12 noon and Monday-Fridays 4-6pm by appointment only, effective Saturday, October 24, 2015. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/13/15 *Resolution #149: Environmental Contamination measures request requesting that the Tompkins county legislature undertake specific measures to address environmental contamination associated with Cayuga Operating Company’s coal ash landfill in the town of Lansing Whereas, coal combustion residuals from the Cayuga Power Plant, formerly referred to as Milliken Station, have been disposed in a landfill in close proximity to Cayuga Lake since 1977; and, Whereas, 25,932,912 gallons of coal ash leachate and landfill runoff were collected in 2014(Industrial/Commercial Landfill Report submitted by the Cayuga Operating Company to the NYS 83 Department of Environmental Conservation on February 27, 2015, P.5) and subsequently released untreated to Cayuga Lake; and, Whereas, the landfill is problematically situated on a sloped site of unconsolidated glacial deposits that overlie shale and siltstone bedrock that are fractured both horizontally and vertically; and, Whereas, analysis of water samples from the monitoring wells installed at the site has identified groundwater contamination containing arsenic, boron, chloride, iron, manganese, selenium, sodium, and sulfate; and, Whereas, the Cayuga Operating Company does not test for certain highly toxic analyts known to have been problematic at the site such as mercury and thallium; Whereas, neither the nature of and the vertical and horizontal extent of the groundwater contamination nor the ecological impacts of both permitted and unpermitted discharges have been fully characterized; and, Whereas, the facility is located within Tompkins County and poses a potential threat to the health of the nearby residents as well as to Cayuga Lake; and, Whereas, the future operational status and the financial viability of the plant’s owners is uncertain; and, Whereas, if the facility ceases operation, the $7.5 million Financial Assurance Fund is intended to provide funding only for final closure of the landfill as well as 30 years of post-closure environmental monitoring at the site and is not designed to fund any remediation of landfill design defects or of any on-going water pollution; and , Whereas, landfills containing Coal Combustion Residuals (CCRs) and their toxic contents have historically been under-regulated; and, Whereas, past failures by local municipalities to intervene in the oversight of polluted sites as they were developing, such as Emerson and Ithaca Gun, have cost millions for partial clean-ups and have resulted in the inability to utilize these sites fully for their economic development or recreational potential; and, Whereas, given the extent of CCR deposition at the site and the known movement of polluted water from the site to Milliken Creek and Cayuga Lake and, Whereas, the present owners of the power plant have assumed responsibility for the existing pollution at the facility as well as have the greatest degree of agency to mitigate on-going pollution, they should be held accountable for the costs of the environmental clean-up; and, Whereas the Town of Ulysses supports the Tompkins County Environmental Management Council’s request to develop a detailed risk assessment that involves an expert third party, full transparency and discussion with relevant stakeholders such as Legislators, the plant operator, environmental organizations, County Planning and Environmental Health staff, and neighborhood residents and a subsequent County Government analysis of the prepared report to develop a long-term plan of action to best protect its residents and natural resources from negative ecological public health impacts, therefore be it Resolved that the Town of Ulysses supports the EMC request that the Tompkins County Legislature provide funding to employ a Certified Third Party Risk Assessment Professional to identify, evaluate, and estimate the levels of risk associated with the Cayuga Power Coal Ash Landfill. Resolved that this resolution be sent to Mike Lane, Chair of the Tompkins County Legislature; Assemblywoman Barbara Lifton; Senator Tom O’Mara; Governor Andrew Cuomo; Marc Gerstman, Acting Commissioner of the NYS DEC; Kathleen Burgess, Secretary of NYS Public Service Commission; and Mr. Richard Kauffman, Chairman of energy and Finance. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye 84 Vote: 5-0 Date Adopted: 10/13/15 *Resolution #150: resolution to encourage an increase in county youth funding Whereas, the Tompkins County Administrator has submitted an Over Target Request to increase the County budget by $75,000 to support enhanced Municipal Youth Services to be shared by all communities, and Whereas, the Town of Ulysses values its youth programs and would appreciate additional County funds to match the increases the Town and Village have budgeted to maintain and enhance our services for youth, including increased minimum wages for youth and professional salaries for program managers, and expanded youth employment opportunities, now therefore be it Resolved, that the Town of Ulysses urges the Tompkins County Legislature to approve OTR 14 in the amount of $75,000 for 2016 and further resolved that this resolution be sent to the Clerk of the Tompkins County Legislature, the County Administrator, and the Tompkins County Youth Services Department. Moved: Ms. Zahler Seconded: Mr. Goldman Motion tabled. *Resolution #151: budget modifications RESOLVED that the following budget modifications be approved: A FUND BUDGET MODIFICATIONS A1940.4 Purchase of land/right of way, CE Create expense line --- This will create a line that will allow us to account for the small expense associated with the parcel of land purchased for the Seneca Road bridge. A1990.4 A fund contingency Decrease $20.16 To cover expenses in the new line created A1940.4 Purchase of land/right of way, CE Increase $20.16 Although the Town will never pay these taxes again, because of the timing of the purchase it is required to pay school taxes for this year. A1220.12 Deputy Supervisor PS Decrease $2000 Planned decrease to offset cost of expenses associated with new accounting software A1220.4 Supervisory CE Increase $2000 Planned increase to offset associated costs of new accounting software A1990.4 A fund contingency Decrease $1,330.98 To cover expense of General Code contract & other small expenses 85 A1460.4 Records Management CE Increase $1,330.98 General Code contract and other small expenses DA FUND BUDGET MODIFICATIONS DA Fund balance Decrease $84.46 DA5120.4 Maintenance of Bridges CE Increase $84.46 Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/13/15 *Resolution #152: approval of minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of 9/22. Moved: Mr. Hertzler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/13/15 *Resolution #153: approval of claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims 327-367 in the amount of $98,059.56. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye 86 Vote: 5-0 Date Adopted: 10/13/15 OCTOBER 19, 2015 – SPECIAL TOWN BOARD MEETING Town of Ulysses *Resolution #154: accept preliminary budget Mr. Kerness moved to accept the budget as Preliminary for the Public Hearing pending confirmation of -2.44% tax rate and 1.7% levy increase. Moved: Mr. Kerness Seconded: Ms. Zahler Discussion- Ms. Zahler inquired about the budget process. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/19/15 *Resolution #155: Public Hearing on Preliminary Budget RESOLVED that the Ulysses Town Board hold a Public Hearing on the Preliminary Budget at 7pm on 10/27/15. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/19/15 *Resolution #156a: Mr. Goldman moved to cancel the budget meeting on 10/22. Moved: Mr. Goldman Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/19/15 87 OCTOBER 27, 2015 - TOWN BOARD MEETING Town of Ulysses *Resolution #156b: approval of meeting agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for October 27, 2015. Moved: Ms. Thomas Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/27/15 *Resolution #157: SEQR codification of local laws making SEQR codification of the local laws, ordinances and certain resolutions of the Town of Ulysses into a municipal code to be designated the “Code of the Town of Ulysses”. WHEREAS, this action is the adoption of a Local Law to provide for the codification of local laws, ordinances and certain resolutions of the Town of Ulysses, which includes revisions to the Zoning chapter; and WHEREAS, this as a Type I action for which the Town of Ulysses Town Board is Lead Agency in an environmental review with respect to the enactment of the proposed local law; and WHEREAS, the Town Board, at a public meeting held on October 27, 2015, has reviewed and accepted as adequate the Full Environmental Assessment Form (FEAF), Parts 1, 2 and 3 for this action; NOW, THEREFORE, IT IS HEREBY RESOLVED that the Town of Ulysses Town Board hereby makes a negative determination of environmental significance in accordance with New York State Environmental Quality Review Act for the above referenced action as proposed, based on the information in the FEAF Part 1 and for the reasons set forth in the FEAF Parts 2 and 3, and, therefore, an Environmental Impact Statement will not be required. Moved: Mr. Kerness Seconded: Ms. Zahler (The clerk called a roll-call vote): Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye 88 Vote: 5-0 Date Adopted: 10/27/15 *Resolution #158: a resolution adopting local law 2 of 2015: to provide for the codification of the local laws, ordinances and certain resolutions of the Town of Ulysses into a municipal code to be designated the “code 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 Article 9, §1 of the New York State Constitution and §10 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 on October 9, 2015 at the Ulysses Town Hall at 6:30 p.m.; 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, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is an Unlisted action for which the Town Board of the Town of Ulysses, acting as lead agency in an environmental review with respect to adoption of this local law, has on October 27, 2015 made a negative determination of environmental significance, after having reviewed and accepted as adequate the Environmental Assessment Form prepared by the Town’s Environmental Planner; and NOW, THEREFORE, IT IS RESOLVED that the Town Board of the Town of Ulysses hereby adopts and enacts Local Law No. 2 of 2015 entitled “A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE TOWN OF ULYSSES INTO A MUNICIPAL CODE TO BE DESIGNATED THE “CODE OF THE TOWN OF ULYSSES”, a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law, and RESOLVED that Section 46-6b be removed. Moved: Mr. Kerness Seconded: Ms. Zahler (The clerk called a roll-call vote): Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/27/15 *Resolution #159: adoption of fee schedule BE IT RESOLVED that the Ulysses Town Board adopts the following fees for services effective upon the adoption of Local Law No. 2 of 2015: TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE TOWN OF ULYSSES INTO A MUNICIPAL CODE TO BE DESIGNATED THE “CODE OF THE TOWN OF ULYSSES,” and RESOLVED that the Town Clerk will prepare and distribute the updated fees to each department. 89 Moved: Mr. Goldman Seconded: Ms. Thomas Discussion: The resolution will be effective upon passage of LL2 of 2015. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/27/15 *Resolution #160: correcting the resolution of authorization to purchase highway equipment: RESOLVED that the Town Board of the Town of Ulysses authorizes Town Supervisor Thomas to sign a letter of intent to purchase a 2015 Case 721F Wheel Loader T4F for the price quoted on 6/25/15 of $147,154.66, with extra negotiated options added for a total not to exceed $170,000 as recommended by Ulysses Highway Superintendent James Meeker based on New York State contract price quoted by Monroe Tractor. Also resolved that the town Board rescinds the resolution passed on 10/13 on the same subject. Moved: Ms. Thomas Seconded: Mr. Hertzler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/27/15 *Resolution #161: request to county for speed limit reductions on Searsburg and Halseyville rds: WHEREAS residents have requested a speed limit reduction, THEREFORE, BE IT RESOLVED that the Ulysses Town Board requests a speed limit reduction on Halseyville Road (County Route 170) between Perry City (County Route 142) Swamp College Road (County Road 147); and on Searsburg Road between Curry Road and Mount Road (County Line Road). Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye 90 Vote: 5-0 Date Adopted: 10/27/15 *Resolution #162: authorization to sign contract with Williamson Law RESOLVED that the Town Board of the Town of Ulysses authorizes the Town Supervisor to sign the contract with Williamson Law Book for Tax Glance for an annual amount of $120 used by the Town Clerk for the year 2016. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/27/15 *Resolution #163: authorizing deputy clerk pay rate BE IT RESOLVED that the Ulysses Town Board approves the pay rate for the new Deputy Clerk to be $16/hour and the number of hours worked to be 20 hours. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/27/15 *Resolution #164: recognizing Patty Halloran’s service RESOLVED that the Town Board of the Town of Ulysses recognize Patty Halloran’s 10 years of service and wish her well in her retirement. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 91 Date Adopted: 10/27/15 *Resolution #165: setting a joint public hearing on the fire/EMS budget BE IT RESOLVED that the Ulysses Town Board hold a Joint Public Hearing on the Fire/EMS contracts at 7pm on Monday, Dec. 14, 2015 at the Town of Covert town hall. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/27/15 *Resolution #166: budget modifications BE IT RESOLVED that the Ulysses Town Board approve the following budget modifications: Fund/Reserve 2015 Budgeted Modified Addition A fund Unemployment Reserve $5000 $0 A fund Audit Reserve $3000 $0 A fund Legal Reserve $10,000 $0 A fund Building Repair Reserve $10,000 $0 A fund Retirement Reserve $10,000 $0 B fund Unemployment Reserve $2000 $0 B fund Legal Reserve $8000 $0 DA fund Snow and Ice Repair $5000 $0 Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/27/15 *Resolution #167: approval of minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of the 10/8, 10/13, 10/15, and 10/19 meetings. 92 Moved: Mr. Kerness Seconded: Mr. Goldman Discussion: Ms. Zahler would like the minutes of 10/13 to reflect that the Health Dept. representatives agreed that either option of water remediation as suggested by MRB would be acceptable. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/27/15 *Resolution #168: Adoption of Preliminary Budget BE IT RESOLVED that the Town Board of the Town of Ulysses adopts the 2016 Preliminary Budget updated on 10/27/15 to be reviewed at the 11/10/15 meeting with 4.1% tax levy increase and 0.03% tax rate increase. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/27/15 NOVEMBER 10, 2015 - TOWN BOARD MEETING Town of Ulysses *Resolution #169 Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for Nov. 10, 2015 with the following changes: checking calendars for upcoming meetings, approval of confidentiality/non-disclosure agreement with Exxon Mobil, and an executive session. Moved: Mr. Goldman Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 11/10/15 93 *Resolution #170: Budget Modifications BE IT RESOLVED that the Ulysses Town Board approve the budget modifications as outlined by the Bookkeeper and Town Supervisor. A FUND BUDGET MODIFICATIONS A1220.4 Supervisor CE Increase $549.90 Planned increase to this account line to cover costs associated with transition to new accounting system. A1220.11 Bookkeeper PS Decrease $549.90 Planned decrease to this account line to cover costs associated with transition to new accounting system. # A1460.4 Records Management CE Increase $12.30 Overage due to completion of General Code contract A1990.4 Contingency Account Decrease $12.30 Available balance of contingency after modification = $7,136.56 # A8810.4 Cemeteries CE Increase $520 Overage due to disconnect in annual communication with vendor who maintains cemeteries. A1990.4 Contingency Account Decrease $520 Available balance of contingency after modification = $6,616.56 DA FUND BUDGET MODIFICATIONS DA9010.8 Employee Benefits: NYS Retirement Increase $3893 Overage of employer contributions to NYS Retirement system due to adjustments made by NYS mid-year. This budget line is based on an estimate provided by NYS. In 2014 the estimate was higher than the actual, this year it was lower than the actual. DA8029 DA Fund Balance Decrease $3893 EOY projections, which inform fund balance estimates used in the 2016 budget creation process, accounted for this overage. DB FUND BUDGET MODIFICATIONS DB9010.8 Employee Benefits: NYS Retirement Increase $2335 Overage of employer contributions to NYS Retirement system due to adjustments made by NYS mid-year. This budget line is based on an estimate provided by NYS. In 2014 the estimate was higher than the actual, this year it was lower than the actual. DB8029 DB Fund Balance Decrease $2335 EOY projections, which inform fund balance estimates used in the 2016 budget creation process, accounted for this overage. Moved: Ms. Thomas Seconded: Mr. Goldman 94 Discussion: Ms. Zahler inquired whether they were moving forward with the EPA study. Ms. Thomas responded in the affirmative. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 11/10/15 *Resolution #171: Approval Of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims #377-418 in the amount of $97,792.98. Moved: Ms. Thomas Seconded: Mr. Kerness Discussion: Mr. Hertzler asked Mr. Meeker about the loader. Mr. Meeker responded that the old one is working at this time and the new one is on order. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 11/10/15 *Resolution #172: Approval Of Letter Of Intent To Purchase Water Truck RESOLVED that the Town Board of the Town of Ulysses authorizes Town Supervisor Thomas to sign a letter of intent to purchase a 2016 Chevrolet Silverado in accordance with the quote number 18950 from VanBortel Chevrolet on 10/29/2015 with extra negotiated options for a total not to exceed $32,000 as recommended by Ulysses Highway Superintendent James Meeker. Moved: Mr. Kerness Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 95 Date Adopted: 11/10/15 *Resolution #173: Resolution To Adopt The 2016 Budget WHEREAS the Town Board of the Town of Ulysses has reviewed and modified the 2016 budget, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Ulysses adopts the Preliminary Budget as the Final Budget for 2016 with a resulting 4.1% increase in town levy and a 0.03% increase in tax rate. Moved: Ms. Thomas Seconded: Mr. Kerness Discussion: Ms. Zahler noted that in the future the town plans to move to a different type of water billing. (A roll-call vote was called by the clerk as follows:) Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 11/10/15 *Resolution #174: Resolution Of The Ulysses Town Board Making Seqr Determination For Local Law No. 3 Of 2015: A Local Law To Amend The Code Of The Town Of Ulysses, Chapter 212, To Add Solar Energy Systems Definitions, Allowances In Zoning Districts And Standards WHEREAS, this action is the adoption of a Local Law to amend the Code of the Town of Ulysses, Chapter 212 to add solar energy systems definitions, allowances in zoning districts and standards; and WHEREAS, this as a Type I action for which the Town of Ulysses Town Board is Lead Agency in an environmental review with respect to the enactment of the proposed local law; and WHEREAS, the Town Board, at a public meeting held on November 10, 2015, has reviewed and accepted as adequate the Full Environmental Assessment Form (FEAF), Parts 1, 2 and 3 for this action; NOW, THEREFORE, IT IS HEREBY RESOLVED that the Town of Ulysses Town Board hereby makes a negative determination of environmental significance in accordance with New York State Environmental Quality Review Act for the above referenced action as proposed, based on the information in the FEAF Part 1 and for the reasons set forth in the FEAF Parts 2 and 3, and, therefore, an Environmental Impact Statement will not be required. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye 96 Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 11/10/15 *Resolution #175: Ag Committee – Revision To The Number Of Committee Members BE IT RESOLVED that the Town Board of the Town of Ulysses has revised the original resolution passed on June 24, 2014 establishing an Agricultural Committee to the following: TOWN BOARD RESOLUTION Establishing an Agriculture Committee WHEREAS, on February 26, 2013 the Town of Ulysses adopted an Agriculture and Farmland Protection Plan; and WHEREAS, the Town of Ulysses Agriculture and Farmland Protection Plan was subsequently reviewed and approved by the Tompkins County Agricultural and Farmland Protection Board and has been approved by the New York State Department of Agriculture and Markets; and WHEREAS, the Town of Ulysses Agriculture and Farmland Protection Plan lists as a Primary Implementation Strategy to “Establish by resolution an Agriculture Committee to assist the Town Board in implementation of the Plan and to generally advise the Town Board on matters impacting agriculture in the Town of Ulysses”, and designated that the Agriculture Committee will work with Town staff, as well as with County and State agencies and organizations that support agriculture and land conservation; Now therefore be it RESOLVED, that the Town Board of the Town of Ulysses hereby establishes the Purpose, Structure, Operational Parameters, and Membership of the Town of Ulysses Agriculture Committee Section 1 The purpose of the Agriculture Committee is to advise the Town Board and other Town agencies on matters pertaining to the preservation, promotion, and ongoing operation of agricultural activity and enterprises in the Town of Ulysses. As described in the Agriculture and Farmland Protection Plan Section 6, the Agriculture Committee will work with Town Staff, Cooperative Extension, and other knowledgeable organizations and individuals to strengthen the agricultural economy, to improve public understanding of farming, to establish appropriate tax policies that support agriculture, and to enhance land use policies to better protect farmland. Section 2 Committee; Personnel; Appointment; Organization. There is hereby established in the Town of Ulysses a permanent committee to be known and designated as the "Town of Ulysses Agriculture Committee" which shall consist of citizens appointed by the Town Board representing a broad range of agricultural experience. The committee shall consist of five (5) individuals who are engaged in farming agri-business, an agriculture-or agriculture support-related vocation, or generally knowledgeable about land use planning and / or agricultural land conservation, or own large tracts of agricultural land in the Town. One of the committee members may be a farmer in the Town of Ulysses who owns or rents farmland in Ulysses but does not reside in the Town; all other members of the committee shall be Ulysses residents. Three of the five (5) members of the committee should be farmers as defined by Ag and Markets law, article 25AA, section 301. A Town Board member will 97 serve as a non-voting ex-officio member and will only be eligible to serve on the committee while he/she holds the Town office. The Committee may choose to have liaisons from the Planning Board, Town Staff, Cornell Cooperative Extension or reach out to others in the agricultural community. Such liaisons will not be members of the Committee and will not be able to vote. The voting members of the said committee first appointed, shall serve for terms as follows: one (1) appointee for one (1) year term; two (2) appointees for two (2) year terms and two (2) appointees for a three (3) year term. Thereafter, all appointments shall be for terms of three (3) years and vacancies shall be filled for the unexpired term only. The members of the committee shall receive no compensation for their services. Additionally, (an) owner(s) of an agricultural operation or their designated employee can be considered as a shared committee member with singular voting power. If multiple representatives of a shared seat are present at a meeting where a vote will take place, only one can vote. The committee shall organize within sixty (60) days after the appointment of its total membership for the remainder of that calendar year and thereafter annually and select from among its voting members a chairperson and such other officers as it may deem necessary. Said committee may establish rules of order and should meet at least twice annually. Additional Committee meetings will be set according to its rules of order and as needed to complete tasks and meet its general responsibilities. The Agriculture Committee shall report to the Town Board at least annually on its activities and interface with other boards or agencies as may request its assistance. Assistance. The Agriculture Committee may request technical assistance and/or specialized advice from any resource it may deem appropriate, including but not limited to other local residents; other Town of Ulysses officials; Tompkins County Planning; Tompkins County Soil and Water Conservation; Tompkins County Agriculture and Farmland Protection Board; Finger Lakes Land Trust; American Farmland Trust; New York Agricultural Land Trust; and NYS Department of Agriculture and Markets. The Town Board shall authorize a clerk to assist with committee work. Funds for Committee Operations. As a citizen advisory committee, the Agriculture Committee may not authorize any expenditure of Town funds or enter into any contract arrangements for payment of services. Funds necessary for proper committee operation or technical assistance may be requested by the committee from the Town Board and, in accordance with customary procedures, the Town Board may authorize such funds and approve the expenditure thereof, and execute contracts in support of approved expenditures. Any budget requests should be submitted to the Town Supervisor by August 31 annually. Section 3 Responsibilities of Committee. In accordance with the Town of Ulysses Agriculture and Farmland Protection Plan, the tasks of the committee may include, but are not limited to (not listed in order of priority): Recommend methods, review proposals, and develop plans for the implementation of the goals of the Plan and, report their findings to the Town Board. Develop an annual work plan, in accordance with Section 6 of the Plan, “Maintenance of the Plan”. As deemed necessary, work with the Town Board to amend and update the Plan. A formal review of the document should be considered every five years. Monitor trends in agriculture and local farming activity and determine existing issues facing farmers and those in related endeavors and recommend reasonable and desirable solutions to the Town Board. Monitor local development so as to identify future issues and pressures on agricultural land, and recommend reasonable and desirable solutions to the Town Board to preserve such lands. 98 Identify opportunities to help promote, and possibly assist in implementation of, direct marketing and commodity marketing opportunities for local farmers and to expand value-added agricultural operations in the Town. Identify, and possibly assist in implementation of, methods whereby the Town Board, County or State governments can encourage existing farmers to continue in active agricultural operation, and that can help connect people interested in farming with available farmland in the Town of Ulysses. When requested by the Town Board or other agencies engaged in and environmental review of proposed private or public development and/or infrastructure projects, provide input regarding the impacts on agriculture of such projects. Study and comment on proposals by local, county, state or federal governments that may impact on local farms and farmlands, including zoning and other land use policies. Inform local farmers that the Agriculture Committee exists and can offer advice and assistance in many cases, and invite participation in Committee activities. Facilitate the local presentation of educational programs by Cooperative Extension and other experts. Encourage and assist applications to farmland preservation programs and, when such applications are submitted provide input into the review thereof. Encourage appropriate conservation strategies, best-practice, and sustainable agricultural activities. Address any other issue referred to it by the Town Board or other local agencies having to do with agricultural related activities. Recommend to the Town Board reasonable and desirable changes to this listing of responsibilities. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 11/10/15 *Resolution #176: Renewal Of Police Contract With Village Of Trumansburg WHEREAS, the Village of Trumansburg wishes to be able to protect its police officers when they are assisting other law enforcement agencies or Tompkins County Emergency Management to respond to incidents originating in the Town of Ulysses, outside the Village, and WHEREAS, to provide such protections the Village needs the Town of Ulysses to authorize the Village of Trumansburg to have jurisdiction in the Town of Ulysses when responding to requests from other law enforcement agencies, or Tompkins County Emergency Management; and 99 WHEREAS, the Village and the Town have developed an intermunicipal agreement to grant and define said jurisdiction, now therefore be it RESOLVED, that the Town of Ulysses approve the proposed Intermunicipal Agreement on Policing as presented /amended to take effect January 1, 2016. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 11/10/15 *Resolution #177: Approval Of Minutes: 10/27, 10/27 Ph On Budget, 10/27 Ph On General Code BE IT RESOLVED that the Ulysses Town Board approve the minutes of 10/27, 10/27 PH on Budget, 10/27 PH on General Code. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 11/10/15 *Resolution #178: Cancelling December Meeting Date RESOLVED that the Ulysses Town Board cancels the meeting on Dec. 22, 2015. Moved: Ms. Zahler Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 100 Date Adopted: 11/10/15 *Resolution #179: Resolution Authorizing Distribution Of Local Laws By Email WHEREAS, section 20(4) of the Municipal Home Rule Law provides that a Town may deliver proposed local laws in PDF format by email to the email inbox of each Town Board Member, provided that the Town Board has unanimously adopted a resolution authorizing such electronic delivery; NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby authorizes the delivery of proposed local laws to Town Board members in PDF format by email to the email inbox of each Town Board member, pursuant to Municipal Home Rule Law section 20(4). Moved: Mr. Goldman Seconded: Mr. Kerness Mr. Goldman made a friendly amendment to change the subsection from 3 to 4. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 10/13/15 *Resolution #180: Engage Attorney As Municipal Prosecutor BE IT RESOLVED that the Town Board of the Town of Ulysses engage Robert Sarachan, Esq. to render legal services as a municipal prosecutor, prosecuting violations of state and local laws, ordinances and codes, and other violations and crimes that are not prosecuted by the District Attorney, prosecutions as directed to the attorney by the Town Supervisor, and other services as agreed to by the Town and Mr. Sarachan. Activities will include, but are not limited to making court appearances; drafting accusatory instruments, motions, memos and pleadings; conducting investigations; and meeting with witnesses, law enforcement representatives, and client employees, as needed. Mr. Sarachan will not be expected to attend routine court sessions or regular Town Board meetings, except when they are directly related to a matter involving him. Mr. Sarachan will not be expected to conduct other general legal counsel activities except when related to prosecutions, such as drafting relevant code provisions, or when the other activities are agreed to by the Town and Mr. Sarachan. The Board authorizes the Supervisor to sign a retainer agreement for such legal services. Moved: Ms. Thomas Seconded: Ms. Zahler Discussion: Ms. Zahler would like to make a friendly amendment to line 4 and change “some officer or representative of the Town” to “the Town Supervisor”. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye 101 Mr. Goldman aye Vote: 5-0 Date Adopted: 11/10/15 *Resolution #181: Resolution To Authorize Town Supervisor To Sign Non-Disclosure Confidentiality Agreement With Exxon Mobil Oil Corporation WHEREAS, Exxon Mobil Oil Corporation (EMOC) owns properties in Jacksonville, NY that EMOC considers surplus and WHEREAS, EMOC and the Town of Ulysses are interested in discussing the disposition of those properties and WHEREAS, there may be a public benefit to residents of the Town if a mutually acceptable agreement can be negotiated and WHEREAS, EMOC requires a Non-Disclosure Confidentiality Agreement to continue any further discussion or negotiation, and WHEREAS, the Non-Disclosure Confidentiality Agreement has been reviewed by the Attorney for the Town and revised; NOW THEREFORE BE IT RESOLVED, that the Town of Ulysses Supervisor is authorized to sign the Non- Disclosure Confidentiality Agreement. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness nay Mr. Goldman aye Vote: 4-1 Date Adopted: 11/10/15 November 24, 2015 - TOWN BOARD MEETING Town of Ulysses *Resolution #182: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for Nov. 24, 2015. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler absent Mr. Hertzler aye Mr. Kerness aye Mr. Goldman absent Vote: 3-0 Date Adopted: 11/24/15 102 *Resolution #183: A Resolution Adopting Local Law No. 3 Of 2015 To Amend The Code Of The Town Of Ulysses, Chapter 212 To Add Solar Energy Systems Definitions, Allowances In Zoning Districts And Standards WHEREAS, the Ulysses Town Board (“the Town Board”) adopted a Comprehensive Plan for the Town on September 28, 2009; and WHEREAS, the Town Board adopted Local Law No. 2 of 2015 on October 27, 2015 for the Codification of Local Laws and includes the Town of Ulysses Zoning Law in Chapter 212; and WHEREAS, the amendments to the Zoning, Town Code Chapter 212, are in accordance with the provisions of the Comprehensive Plan, specifically Action item 2.4E that states, “Adopt appropriate zoning regulations to allow residential and commercial alternative energy generation;” and WHEREAS, on October 13, 2015, the Town Board accepted the local law language and set the public hearing date of November 10, 2015; and WHEREAS, on October 27, 2015 the Town Clerk sent notification of the local law and Zoning Code amendment to the following: Tompkins County, Village of Trumansburg, Town of Enfield, Town of Ithaca, Town of Lansing, Seneca County, Town of Covert, Schuyler County, Town of Hector, and NYS Parks Finger Lakes Region; and WHEREAS, a public hearing on the proposed local law amending the Zoning Law was held on November 10, 2015, notice of such hearing was published in the Ithaca Journal, the official newspaper of the Town and a newspaper of general circulation on October 29, 2015, more than 10 days before the public hearing, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to General Municipal Law §239(l) and (m), on October 26, 2015, the Town submitted to the Tompkins County Planning Department a full statement of the proposed amendments to the Town Zoning Law; the Tompkins County Planning Department sent a response on November 10, 2015 and determined that the proposal does not have any negative inter-community or county-wide impacts; and WHEREAS, pursuant to the New York State Environmental Quality Review Act and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type I Action for which the Town Board of the Town of Ulysses, acting as lead agency in an environmental review with respect to adoption of this local law, has, on November 10, 2015, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Full Environmental Assessment Form Parts 1, 2 and 3 prepared by Town Staff; NOW, THEREFORE, IT IS HEREBY RESOLVED that the Town Board of the Town of Ulysses hereby adopts and enacts Local Law No. 3 of 2015 entitled “A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF ULYSSES, CHAPTER 212 TO ADD SOLAR ENERGY SYSTEMS DEFINITIONS, ALLOWANCES IN ZONING DISTRICTS AND STANDARDS,” and it is further RESOLVED that the Town Clerk is hereby authorized and directed to file said local law with the New York State Secretary of State as required by law. Moved: Mr. Hertzler Seconded: Mr. Kerness (A roll-call was called by the clerk) Ms. Thomas aye Ms. Zahler absent Mr. Hertzler aye 103 Mr. Kerness aye Mr. Goldman absent Vote: 3-0 Date Adopted: 11/24/15 *Resolution #184: Letter Of Support For Community Choice Aggregation RESOLVED that the Town Board of the Town of Ulysses authorizes Town Supervisor Thomas to sign a non- binding letter of support for Community Choice Aggregation of energy for communities. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler absent Mr. Hertzler aye Mr. Kerness aye Mr. Goldman absent Vote: 3-0 Date Adopted: 11/24/15 *Resolution #185: Authorization For A Signator For Town Checks RESOLVED that the Town Board of the Town of Ulysses authorizes Nancy Zahler to be a signator on all checks and banking transfers for the Town in the event the Town Supervisor or Town Clerk are unable to be the signator, and RESOLVED, that Nancy Zahler is also approved to be the second signator for checks exceeding $5000 as is required by Town policy. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler absent Mr. Hertzler aye Mr. Kerness aye Mr. Goldman absent Vote: 3-0 Date Adopted: 11/24/15 *Resolution #186: Approval Of Minutes: 11/10 Ph On Solar Local Law, 11/10 BE IT RESOLVED that the Ulysses Town Board approve the minutes of 11/10 and 11/10 PH on LL3 of 2015. Moved: Ms. Thomas Seconded: Mr. Kerness 104 Ms. Thomas aye Ms. Zahler absent Mr. Hertzler aye Mr. Kerness aye Mr. Goldman absent Vote: 3-0 Date Adopted: 11/24/15 DECEMBER 8, 2015 - TOWN BOARD MEETING TOWN OF ULYSSES *Resolution #187: Approval of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for Dec. 8, 2015 with the addition of an executive session. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/8/15 *Resolution #188: Approving Letter Of Engagement With Accounting Firm For Audit Of Town Finances BE IT RESOLVED that the Ulysses Town Board authorizes the Ulysses Town Supervisor to sign the letter of engagement with the accounting firm Ciaschi, Dietershagen, Little, Mickelson and Co. to audit the town finances in an amount not to exceed $6,000. Moved: Ms. Zahler Seconded: Mr. Kerness Discussion: Mr. Kerness wondered if this means that the town board can skip their audit. Ms. Geldenhuys responded in the affirmative. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/8/15 105 *Resolution #189: Authorization For Grant Application Submission To Design Connect BE IT RESOLVED that the Town of Ulysses Town Board authorizes the Town Environmental Planner to submit a grant application to the Cornell University Design Connect program to develop a Jacksonville Special Area Plan as called for in the 2009 Comprehensive Plan. Also, RESOLVED that if the application is successful, the Town Board approves the donation of $500 to Design Connect for the cost of transportation and materials for the project. Moved: Mr. Kerness Seconded: Ms. Thomas Discussion: Mr. Kerness remarked that past projects by Design Connect have been done well. Mr. Hertzler inquired about past plans for Jacksonville done by students. Ms. Zahler asked Ms. Kiley to clarify “design standards” and the time frame for the project. Ms. Kiley responded that the project will be completed in the spring semester class. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/8/15 *Resolution #190: Temporary Appointment Of Building Inspector/Code Enforcement Officer WHEREAS the current Building Inspector is retiring as of December 31, 2015 and WHEREAS in order for building to continue in the Town of Ulysses, it is important for this position not to be left vacant, and WHEREAS the position of Building Inspector/Building Code Enforcement Officer is a Civil Service position which requires it to be advertised and eligible candidates interviewed, all of which cannot take place before December 31, 2015. THEREFORE BE IT RESOLVED that the Ulysses Town Board temporarily appoints Tom Myers as the town’s Building Inspector/Building Code Enforcement Officer until a permanent employee is in place. Moved: Ms. Thomas Seconded: Mr. Goldman Discussion: Mr. Kerness asked for clarification on whether the position includes code enforcement. Ms. Thomas responded in the affirmative and amended the resolution. Ms. Zahler inquired about the timeline for making the position permanent. Mr. Kerness wants to confirm pay, hours of work, etc. soon. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye 106 Vote: 5-0 Date Adopted: 12/8/15 *Resolution #191: Amendments To The Personnel Policy BE IT RESOLVED that the Ulysses Town Board approves the edits to section 104, 702, 703, 706, 707 and 708 of the Personnel Policy as attached (see Appendix B). Moved: Ms. Thomas Seconded: Mr. Kerness Discussion: Mr. Goldman suggested an edit to section 703. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/8/15 *Resolution #192: Organizational Meeting Date BE IT RESOLVED that the Ulysses Town Board sets the date for the Organizational Meeting on January 7, 2015 at 8 a.m. at the Ulysses Town Hall. Moved: Mr. Hertzler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/8/15 *Resolution #193: December Meeting Dates BE IT RESOLVED that the Ulysses Town Board cancels its second meeting of the month scheduled for December 22, 2015 and reschedules it for 8:00 p.m. on Monday December 14, 2015 at the Ulysses Town Hall. Moved: Ms. Thomas Seconded: Mr. Kerness 107 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/8/15 *Resolution #194: Budget Modifications BE IT RESOLVED that the Ulysses Town Board approve the budget modifications as outlined by the Bookkeeper and Town Supervisor and attached (see Appendix C). Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/8/15 *Resolution #195: Approval Of Claims BE IT RESOLVED that the Ulysses Town Board approve payment of claims #419 to 469 in the amount of $109,536.04. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/8/15 *Resolution #196: Setting Pay Rate For Code Enforcement Officer Resolved to set the pay rate per hour for the Code Enforcement/Fire Inspector at $20.00/hour for 20 hours/week as an interim appointment. Moved: Mr. Goldman Seconded: Mr. Kerness 108 Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/8/15 DECEMBER 14, 2015 - TOWN BOARD MEETING TOWN OF ULYSSES *Resolution #197: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for Dec. 14, 2015 with the addition of the relevy of delinquent water fees, approval of a contract for credit card fees, and an executive session. Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 12/14/15 *Resolution #198: Amendments To The Personnel Policy BE IT RESOLVED that the Ulysses Town Board approves the amendments to sections 706 and 707 of the Personnel Policy as set forth in the attached revised provisions. (See Appendix A) Moved: Ms. Zahler Seconded: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 12/14/15 *Resolution #199: Approval Of Medicare Supplemental Plan 109 WHEREAS the Town of Ulysses Personnel Policy states that Medicare eligible employees and retirees are 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 2015 and 2016. Moved: Ms. Thomas Seconded: Ms. Zahler Discussion: The board engaged in a lengthy discussion on alternatives but ultimately decided it best to stay with the current plan. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 12/14/15 *Resolution #200: Another Amendment To The Personnel Policy BE IT RESOLVED that the Ulysses Town Board deletes the last sentence of the paragraph titled “Changes in Premium Contributions and Plan”. (See Appendix B). Moved: Mr. Goldman Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 12/14/15 *Resolution #201: 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 110 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 WHEREAS, a public hearing as required by §184 of the Town Law was duly advertised on Nov. 12, 2015, and was held on December 14, 2015 at 7:00 p.m. at the Town of Covert 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, 2016 until December 31, 2016. And be it further RESOLVED that, pursuant to the Agreement, the Town shall pay the Village the sum of $177,207 for such services, on or before March 1, 2016. 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: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 12/14/15 *Resolution #202: 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 111 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 RESOLVED that pursuant to the Agreement, the Town shall pay the Village the sum of $318,495 for such services, on or before March 1, 2016. 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. Goldman Seconded: Ms. Thomas Discussion- Mr. Kerness made a statement: Continuing with the Trumansburg EMS is a cost that is unwarranted with a private sector provider that is cost competitive and the quality of service and response time on the average is equal. I would ask that the Town Board seriously consider reviewing this contract for 2017. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 12/14/15 *Resolution #203: Creating The Position Of Water Distribution Operator Trainee BE IT RESOLVED that the Town of Ulysses hereby establishes the competitive class position of Water Distribution Operator Trainee, as approved by the Tompkins County Personnel Department, dated April 2014. (Position description attached to this resolution (see Appendix C)). Moved: Ms. Zahler Seconded: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye 112 Vote: 4-0 Date Adopted: 12/14/15 *Resolution #204: Appointment Of Water Distribution Operator Trainee The Ulysses Town Board hereby appoints Chris Stevenson to the position of Water Distribution Operator Trainee for a period of one year. Moved: Mr. Kerness Seconded: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 12/14/15 *Resolution #205: Relevy Of Delinquent Water Fees WHEREAS, $3666.86 of delinquent water charges, inclusive of penalties and related surcharges, for the last 4 billing periods spanning from November 2014 to October 2015 remain unpaid and due to the Town as of Oct.1, 2015 need to be re-levied onto the 2016 Town and County Tax Bills; and WHEREAS, Town Code Chapter 261 and Town Code Chapter 210 provides 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; NOW THEREFORE BE IT RESOLVED, that the Ulysses Town Board approves delinquent water charges of $3666.86, for re-levy to the 2016 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 2016 Town and County Tax Roll. Moved: Ms. Thomas Seconded: Mr. Goldman Discussion- Ms. Zahler asked for clarification on the dates. The resolution was amended to include the correct dates (2014 and 2015). Ms. Thomas aye Ms. Zahler aye Mr. Hertzler aye Mr. Kerness aye Mr. Goldman aye Vote: 5-0 Date Adopted: 12/14/15 113 *Resolution #206: Authorization Of Supervisor To Sign Credit Card Agreement For On-Line Tax Payments WHEREAS the Town Clerk wishes to collect tax payments by credit card via the town's website, and that service is available via the Williamson Law Book Tax Glance program that is already in use, BE IT RESOLVED that the Ulysses Town Board authorizes the Town Supervisor to sign a contract authorizing a third party to process those payments at no fee to the Town. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 12/14/15 *Resolution #207: Approval Of Minutes BE IT RESOLVED that the Ulysses Town Board approve the minutes of the 11/24 meeting as edited by Ms. Zahler. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Kerness aye Mr. Goldman aye Vote: 4-0 Date Adopted: 12/14/15 114