HomeMy WebLinkAbout2010-05-25-STB TOWN OF ULYSSES
SPECIAL TOWN BOARD MEETING
MAY 25TH , 2010
Present : Supervisor Roxanne Marino ; Council persons David Kerness, Kevin Romer
(arrived after the votes were taken on the resolutions) , Elizabeth Thomas and Lucia
Tyler; Town Clerk Marsha L . Georgia.
Others Present : no others present.
Supervisor Marino called the Special Town Board to order at 7 : 05 pm and stated the first
item on the agenda was Local Law # 1 2010 .
Ms . Marino moved , seconded by Ms . Tyler the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses adopt Local Law # 1 for
2010
A Local Law to require Operating Permits for Special Events in the Town
•
of Ulysses .
Be it enacted by the Town Board of the Town of Ulysses as follows :
SECTION 1 . Definitions
a. "Special Event" . For purposes of this Local Law, a special event is defined as
follows : Any event or gathering in the Town of Ulysses, held on property located outside
the A-2 zone as designated in the Town of Ulysses Zoning Ordinance, which will result in
. I traffic generation of more than fifty vehicles
and
i. be more than eight (8) hours in
duration;
and/or
ii . involve overnight camping on property which is not an approved
overnight
camping facility pursuant to the Zoning Ordinance of the Town of
Ulysses .
b. The following shall not be considered a "special event" for purposes of this Local
Law:
i. A non-commercial social gathering at a single family residence, including,
but not limited to, a party, family reunion or wedding; or
ii . An event held on commercial property with available parking for
such event.
c. "Operator" . The person, entity or organization which organizes and operates a
Special Event and the owner of the property where the event is held are collectively
referred to as the "Operator" for purposes of this Local Law.
SECTION 2. Operating Permit required
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a. No Operator shall hold a Special Event in the Town of Ulysses, or permit
such an event to be held on property he or she owns, without first obtaining
an Operating Permit from the Town of Ulysses as prescribed in this Local
Law.
b. The Operating Permit shall be obtained at least five days before the
commencement of the Special Event.
SECTION 3. Requirements
a . No Special Event shall be more than five days in duration .
b . No more than four Operating Permits per calendar year shall be issued to the
same Operator or for the same property. Any applications for Operating
Permits in excess of this limit must be made to the Town Board of the
Town of Ulysses .
c . The Operator shall be responsible for safe operation of traffic and parking
on the property where the Special Event is held and will provide an attendant to
oversee and regulate traffic on the property .
d . The Operator shall provide proof of liability insurance for the Special Event
in an amount of no less than $ 1 ,000,000 , naming the Town of Ulysses as
additional insured. Any request to maintain a lower amount of insurance
coverage will require the written consent of the Code Enforcement
Officer.
e . If the Special Event will include overnight camping, the Operator will
obtain all necessary approvals from the Tompkins County Health
Department prior to applying for the Operating Permit from the Town of 1'
Ulysses .
SECTION 4 . Procedure
a. The Operator of the Special Event shall apply to the Code Enforcement
Officer of the Town of Ulysses for an Operating Permit for the Special
Event on a form provided by the . Town, which identifies the property
where the event will take place by address and tax parcel number. The
owner of the property where the event will be held must join in the
application.
b. Every application for an Operating Permit shall be accompanied by the
following:
i . an application fee set by resolution of the Town Board.
ii. an insurance binder or other written proof of insurance
coverage as required by this Local Law.
iii . if the Special Event will include overnight camping, copies
of all documents showing approval of the camping facilities by the
Tompkins County Health Department.
SECTION 5. Penalties
a. Failure to comply with the requirements of this local law shall constitute a
violation and shall be punishable by a fine of $ 1 ,000 . 00 for the first violation and
$2,000 . 00 for each subsequent
violation .
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b. Each day of failure to comply with the requirements of this local law shall
constitute a separate violation.
SECTION 6. Effective date
This local law shall take effect upon filing with the Secretary of State .
Ms. Marino aye
Ms. Tyler aye
Ms . Thomas aye
Mr. Kerness aye
Adopted
The Clerk will file this with the Secretary of State .
Resolution to Approve Hiring Bergman Associates
Resolution to Approve Hiring Bergmann Associates for Professional Planning
Services to Complete the Agriculture and Farmland Protection Plan and Implement
the 2009 Comprehensive Plan Following Town of Ulysses Procurement Policy
Section 6.
WHEREAS , the Town Board of the Town of Ulysses adopted an updated Comprehensive
Plan in 2009 , and
WHEREAS , the Comprehensive Plan was prepared by a Town Board-appointed
Comprehensive Plan Update Committee (CPUC) with professional planning assistance
from Bergmann Associates, and
WHEREAS, Bergmann Associates was hired by the Town Board of the Town of Ulysses
after an open competitive RFP process conducted in 2006 , and
WHEREAS , the RFP process established that Bergmann Associates have the necessary
professional skills to assist the CPUC and that its hourly rates were competitive with the
two other top -rated firms identified by the selection committee,
WHEREAS , through the Comprehensive Plan process Bergmann ' s contract was amended
to utilize Bergmann ' s professional planning services to assist the Town of Ulysses to
prepare an Agricultural and Farmland Protection Plan, partially funded by a grant from
the New York State Department of Agriculture and Markets, and it is necessary to extend
the Bergmann contract to February 2011 to assist with completion of the AFPP, and
WHEREAS , the Town Board of the Town of Ulysses is committed to moving forward to
implement strategies in the newly adopted 2009 Comprehensive Plan and the Town needs
additional professional planning staff to assist with this effort, and
WHEREAS , the first step in strategy implementation is to complete a consistency review
of the current Zoning Law with the newly adopted 2009 Comprehensive Plan, and
WHEREAS , Bergmann ' s previous contracts with Ulysses have given the firm familiarity
with the town government, community characteristics, and zoning laws , and
WHEREAS , New York State General Municipal Law Section 104-b (2) (f), provides that
a municipality may include a provision in its procurement policy outlining circumstances
when, and types of procurement for which, the solicitation of alterative proposals or
quotations will not be in the best interest of the municipality;
WHEREAS , section 6 of the Town of Ulysses procurement policy provides that such
circumstances include professional services or services requiring special or technical
skill ;
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WHEREAS , Bergmann has demonstrated that it has the requisite skill to perform
professional planning services required by the Town and that it has the accountability,
reliability, responsibility and skill for such services ;
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ulysses
authorize the Supervisor to enter into 1. ) a contract extension for the Agricultural and
Farmland Protection Plan and 2) a new contract to provide professional planning
services to implement strategies in the 2009 Comprehensive Plan with Bergmann
Associates for an amount not to exceed $ 8000 .
Ms . Marino aye
Ms . Tyler aye
Ms . Thomas aye
Mr. Kerness aye
Adopted
Approval of ]Bergmann Associates Contracts
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND CONSULTANT
FOR PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of May 21 , 2010 between the Town of Ulysses
(hereinafter OWNER) and Bergmann Associates (hereinafter CONSULTANT) .
OWNER intends to engage the CONSULTANT in professional services pertaining to the
development of a Zoning Analysis in order to achieve the goals and objectives of the
OWNER in cost-effective and timely manner (hereinafter called the Project). The
contract amount for these services is $3 ,500 .00 and shall be executed as a lump sum
agreement. Additionally , the Contract shall allow the OWNER to engage the
CONSULTANT on a time and materials basis for professional planning services as
required and determined by the OWNER.
OWNER and CONSULTANT, in consideration of their mutual covenants hereinafter set
forth, agree as follows :
ARTICLE 1 - BASIC SERVICES OF CONSULTANT
1 . 1 CONSULTANT shall provide basic professional services for OWNER as specified in
Exhibit "A" , " Scope of Services" of this Agreement.
ARTICLE 2. - ADDITIONAL SERVICES OF CONSULTANT
2 . 1 Services in connection with work directive changes and change orders to reflect
changes requested by OWNER-
2 . 2 This Agreement may be extended at the
request of
scopOWNER f work and anldofee
professional planning services with
approved by the OWNER and. CONSULTANT in writing.
ARTICLE 3 - OWNER' S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the services of
CONSULTANT :
3 . 1 Designate a person to act as Owner' s representative with respect to the services to
be rendered under this Agreement. Such person shall have complete authority to
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transmit instructions, receive information, interpret and define Owner' s policies and
decisions with respect to Consultant ' s services for the Project.
3 . 2 Provide all criteria and full information as to Owner' s requirements for the Project.
3 . 3 Assist CONSULTANT by placing at Consultant ' s disposal all available information
pertinent to the Project including previous reports and any other data relative to the
Project.
3 . 5 Furnish, or direct CONSULTANT to provide, Additional Services as stipulated in
Article 2 of this Agreement or other services as required.
ARTICLE 4 - PERIODS OF SERVICE
4 . 1 CONSULTANT shall complete the Zoning Analysis within a period of 2 months
from the date of this Agreement. The time and materials contract shall be in effect until
either party provides, in writing, a request for termination of the contract, consistent with
Section 6 . 1 .
4 . 2 If significant changes in the scope or detail of the Project occur, or if the Project
is delayed for
reasons beyond Consultant ' s control, an equitable extension of the period of service shall
be made .
4 . 3 If Consultant' s services for planning and design are delayed or suspended in whole
or in part by OWNER for more than three months for reasons beyond Consultant' s
control, CONSULTANT shall have the right to terminate the Agreement in accordance
with paragraph 6 . 1 .
ARTICLE 5 - PAYMENT PROVISIONS TO CONSULTANT
5 . 1 CONSULTANT shall submit statements each month for Basic and Additional
Services rendered and for Reimbursable Expenses incurred. OWNER shall pay
CONSULTANT within 30 days of receipt of Consultant ' s statement detailing the
charges for basic and additional services rendered (specifying charges for Farmland
Protection Plan and Zoning Analysis and any other out of scoop hourly charges) .
5 . 2 If OWNER fails to make full payment due CONSULTANT for services and
expenses within thirty days of Consultant ' s statement therefore, the amounts due
CONSULTANT may be increased at the rate of 1 - 1 /2 percent per month from said
thirtieth day. If OWNER fails to make full payment due CONSULTANT for services
and expenses within forty-five days of Consultant ' s statement therefore,
CONSULTANT may, after giving seven days' written notice to OWNER, suspend
services under this Agreement until CONSULTANT has been paid in full all amounts
due for services , expenses, and interest charges .
5 . 3 In the event of termination by OWNER under paragraph 6 . 1 upon the completion
of any phase of the Basic Services, progress payments due CONSULTANT for services
rendered through such phase shall constitute total payment for such services . In the
event of such termination by OWNER during any phase of the Basic Services,
CONSULTANT shall be paid for services rendered during that phase to date of
termination. In the event of any such termination, CONSULTANT also will be
reimbursed for all unpaid Additional Services and unpaid Reimbursable Expenses .
5 . 4 Reimbursable Expenses mean the actual out - of- pocket direct expenses
incurred by CONSULTANT.
ARTICLE 6 - GENERAL CONSIDERATION
6 . 1 Termination
The obligation to provide further services under this Agreement may be terminated by
either party upon thirty days' written notice in the event of substantial failure by the other
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party to perform in accordance with the terms hereof through no fault of the terminating
parry.
6 . 2 Reuse of Documents
All documents prepared or furnished by CONSULTANT pursuant to this Agreement are
instruments of service in respect of the Project and CONSULTANT shall retain an
ownership and property interest therein whether or not the Project is completed.
6 . 3 Insurance/Liability
6 . 3 . 1 CONSULTANT shall procure and maintain the following insurance coverage for
the duration of this Agreement:
Worker's Compensation Statutory Coverage
Comprehensive General Liability ;
Bodily Injury and Property Damage $ 1 mil per occurrence per aggregate year
Comprehensive Automobile Liability;
Bodily Injury and Property Damage $ 1 mil per occurrence per aggregate year
Professional Liability Insurance $ 1 mil per occurrence per aggregate year
6 . 3 . 2 Limitation of Liability
6 . 3 . 2(a) OWNER hereby agrees that to the fullest extent permitted by law,
Consultant' s total liability to OWNER for any and all claims , losses, expenses or
damages whatsoever arising out of or in any way related to the project or this
Agreement from any cause including, but not limited to Consultant ' s negligence ,
errors , omissions , strict liability, breach of contract or breach of warranty, shall not
exceed the total compensation received by CONSULTANT under this Agreement.
6.3 . 3 Severability and Reformation. Any provision or part thereof of this Agreement held to
be void or unenforceable under any law shall be deemed stricken and all remaining
provisions shall continue to be valid and binding upon the parties . The parties agree that
this Agreement shall be reformed to replace such stricken provision or part thereof with
a valid and enforceable provision which comes as close as possible to expressing the
intention of the stricken provision.
6 . 4 Controlling Law
This Agreement is to be governed by the law of the principal place of business of
CONSULTANT.
6 . 5 Dispute Resolution
In the event of a dispute between the parties arising out of the terms of this Agreement or
any services provided pursuant to its terms , the parties agree to participate in a
mediated settlement conference before a mutually acceptable mediator whose fees will
be shared equally by the parties . In the event that the parties are unable to agree upon a
mediator they will ask the American Arbitration Association to appoint one. Participation
in a mediated settlement conference shall be required before either party may pursue its
claim in any other form of dispute resolution.
ARTICLE 7 - SPECIAL PROVISIONS , EXHIBITS AND SCHEDULES
7 . 1 The following Exhibits are attached to and made a part of this
Agreement: 7 . 1 . 1 Exhibit A " Scope of Services " , consisting of
1 page .
7 . 1 . 2 Exhibit B "Project Hourly Rates Table", consisting of 1 page .
7 . 2 This Agreement together with the Exhibits and schedules identified above
constitute the entire
Agreement between OWNER and CONSULTANT and supersede all prior
written or oral
understandings . This Agreement and said Exhibits and schedules may only be
amended, or canceled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as
of the day and year first above written .
OWNER: CONSULTANT :
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Address for
giving notices: Address for giving
28 East Main
Street
200 First Federal Plaza
Rochester, NY 14614
Exhibit A Town of Ulysses
Scope of Services
The zoning analysis report will assist the Town of Ulysses in better understanding the
current issues facing the Town. The zoning analysis report will identify updates
necessary to address current issues, such as natural gas drilling associated with Marcellus
shale, and consistency with the recently adopted Comprehensive Plan. The zoning analysis
will assist the Town in prioritizing zoning tasks and provide an estimate for the level of
effort and associated cost involved in updating the Town Zoning Law. This will allow
for a smooth and cost effective transition from the comprehensive plan process to zoning
and land use regulatory updates .
Our approach to this analysis includes the following tasks :
• Meet with representatives who utilize the zoning and land use regulatory codes of
the Town on a regular basis including the zoning and code enforcement officer,
and at least one representative from both the Zoning Board of Appeals and
Planning Board and a member of the Town Board. This meeting will focus on
identifying sections of the zoning and land use regulatory codes of the town that
are working well and areas that need modification.
• Prepare a summary report comparing the comprehensive plan to the current
zoning code to identify areas of conflict and consistency .
• Develop a summary report of suggested updates to the zoning and land use
regulatory codes of the Town that will address current user concerns, potential
issues facing the community and consistency with recommendations set forth in
the Comprehensive Plan.
• Provide an estimated cost and timeline associated with the zoning and land use
regulatory code updates .
The lump sum agreement for the Zoning Analysis includes the following:
• One ( 1 ) meeting with Town staff / representatives
• One ( 1 ) electronic copy of the final document, in Word and PDF
• Ten ( 10) color copies of final Zoning Analysis
Exhibit B Town of Ulysses
Project Hourly Rate Tables
The following hourly rates shall be applied to the completion of additional planning
services . Bergmann Associates shall not proceed with any planning service tasks until
written approval to proceed has been provided by the Town of Ulysses in the form of a
Board resolution outlining the specific tasks and the primary contract person .
Hourly Rate Table for the Town of
Ulysses Time and Materials
Planning Efforts
Staff Level Hourly Rate
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Principal-in-Charge $ 150 . 00
Project Manager $ 95 . 00
Senior Professional $ 85 . 00
Professional $ 75 . 00
Technician $ 65 . 00
Additional Reimbursable Expenses will be billed to the Town according to the following
rates :
Mileage — $0.50 per mile
Black and white copies - $0.02 per page
Color copies -• $1 .00 per page
Tolls — actual cost
Meals — actual cost (lunch not to exceed $10, dinner not to exceed $20 / per person)
RE : Contract Extension — Farmland Protection Plan
The following services will constitute the extent of additional services for the Town
of Ulysses Farmland Protection Plan. The provisions set forth in the master contract
executed by the Town on July 16 , 2008 shall cover this additional services contract.
Our services will include :
• Attendance at one ( 1 ) Steering Committee Meeting in June 2010
• Attendance and facilitation of one ( 1 ) Public Workshop
• Review of Steering Committee revisions to Section 4 . 0
• Prepare written comments on Section 4 . 0
• Develop final recommendations and implementation section based on
revised Section 4 . 0
• Finalize mapping
• Prepare consolidated draft Farmland Protection Plan
• Make one ( 1 ) set of final revisions after Public Workshop and Town Board
review
• Provide Town with ten ( 10) color, hard copies of final Draft and Final plan
The lump sum amount for these services is $3 , 500 and shall be completed by January
2011 . Any tasks not detailed above that are requested of Bergmann Associates will be
billed on a time and materials basis, at a rate of $ 80/hour, upon approval by the Town
of Ulysses . Billing for these services will be incorporated directly into the Farmland
Protection Plan invoicing. Final payment not to exceed 10% of the total contract value
being withheld until the Farmland Protection Plan is accepted by the Town Board of
Ulysses, Tompkins County Agricultural Farmland and Protection Board and the NYS
Department of Agricultural and Markets. Please sign below to direct Bergmann
Associates to execute these services . Please return one original copy to my attention.
I authorize Bergmann Associates to complete the services outlined above .
Ms . Marino moved, seconded by Ms . Tyler to approve the above contracts as amended .
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Special Board Meeting 9
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Ms . Marino aye
Ms . Tyler aye
Ms . Thomas aye
Mr. Kerness aye
Adopted
Request for Web Site Quotation
Ms. Marino submitted a "Request for Quotation" form that she and Ms . Poelvoorde have
structured requesting a Web designer to re-design the page structure and layout which is
asking for professional assistance to write the content for the multiple pull -down menu
pages needed for the new web site.
The Board reviewed the request form and Ms . Poelvoorde will take care of mailing it out
and asking for a quote to be returned by June 7, 2010 for the Board ' s review at the June
8th Regular Board meeting.
Approval of Letter to Town of Ithaca
Ms . Marino emailed a draft of the letter to the Town of Ithaca (Herb Engman) to go with
the draft Agreement for Water Sales outside WD#3 customers . Ms . Marino also had the
attorney review the letter and she felt fine with it . Letter to follow :
Dear Herb ,
I am writing on behalf of the Town of Ulysses to confirm the oral agreement between
former Supervisor Doug Austic and Ithaca Town Engineer Dan Walker, that the sale of
water from the line-end hydrants in the Town of Ulysses Water District #3 to users
outside the district is allowable . Mr. Walker and Mr. Austic previously agreed that such
sale of water to outside users was an appropriate and economical means of maintaining
chlorine residuals in the terminal areas of the WD#3 distribution system . The Town of
Ulysses has been selling metered water from a line-end hydrant (primarily to a local
water hauler for third-party resale) as per the above agreement for several years .
The Water Service Agreement between the Town of Ithaca and the Town of Ulysses
(October 30th , 2003 ) which outlines the terms by which Ithaca agrees to sell and furnish
water to Ulysses for Water District #3 , requires in clausel6 (J) that Ithaca and the
SCLWC approve the terms of any resale of Ulysses supply of water to third party
customers outside the bounds of WD#3 in writing . Thus, the Town of Ulysses is hereby
requesting that the previous oral agreement with the Town of Ithaca to allow such water
resale be continued, and confirmed in writing according to mutually agreeable terms .
The Ulysses Town Board has drafted a Water Sale Agreement to be used by the Town of
Ulysses and any outside-district customer specifying the conditions of water sale, in the
event that the Town of Ithaca approves in writing this request to allow resale of water
from the SCLWC facilities to third party customers outside the bounds of Ulysses WD#3 .
I am enclosing the draft agreement for review and comment by the Town of Ithaca.
Please let me know if you need any more information, and I will look forward to hearing
from you soon.
The Town Board was okay with this letter and directed Ms . Marino to go forward .
Special Board Meeting 10
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Minutes of April 13 RTB Meeting
Ms . Thomas moved, seconded by Ms . Tyler the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes as
edited by Ms . Tyler and Ms . Marino for the Regular Town Board meeting of April 13 ,
2010 .
Ms. Marino aye
Ms . Tyler aye
Ms . Thomas aye
Mr . Kerness aye
Adopted
Mr. Kerness announced that he has a meeting with the Justice Office on June 7`h , 2010 at
5 pm to discuss court security with both of the Judges. There are no issues at this time .
The Court Office has received a report from the State Authority that tells the court what
they should be doing for security.
Ms . Thomas reported that she had sent out an email from the Youth Commission in
reference to " Sticker Shock" which is a sticker they are going to place at the local stores
making people aware of underage drinking.
Ms . Marino did a re-cap of the resolutions that were previously adopted by the Town
Board for Mr. Romer who just arrived.
Ms . Marino had distributed and reviewed a list of items that she feels the Board needs to
work on and her objective was to set some timelines for these tasks.
The Board discussed these items and also listed some other critical tasks that need to be
worked on such as critical environmental areas and personnel .
The Board is going to review the list in more detail and see which items they would like
to tackle .
Ms. Georgia asked for a minute of the Boards time to discuss the issues that she, Ms .
Marino and Scott Heyman (mediator between Ms. Georgia and the Town Board,
represented by Ms . Marino) have been discussing. At the last meeting with Scott a list of
additional duties was presented that Ms . Marino had drafted, within a letter of agreement
that Mr. Heyman had written up for Ms . Marino and Ms . Georgia to consider signing.
Ms . Georgia at that time refused to sign the letter and again requested a full Board
meeting to discuss this .
Ms . Georgia felt that the list of additional duties was very vague on many things and did
not list anything in particular that the Board or the Supervisor wanted done .
Ms. Georgia emailed the list of duties to the NYS Association of Towns attorney and
they responded. Ms . Georgia distributed these responses to the Board along with a very
detailed list of what does take place in her office on a daily basis .
Ms . Georgia gave her reasons why she will not sit down with Ms . Marino one to one and
why she was now requesting a meeting of the full Board.
Ms . Marino said that her list was totally drawn up from the job description book
assembled for the Board by Ms . Georgia.
r
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Ms . Georgia said it may have been but the Board has never adopted those job
descriptions .
Mr. Kerness asked for the meeting to be adjourned because he felt that if the meeting was
going to continue this discussion should be in executive session
Ms . Georgia said she was very happy to discuss it in an open meeting .
The Board set a tentative meeting date for June 7th at 4 PM to discuss this topic .
Hearing no further business Ms . Marino moved to adjourn, seconded by Ms . Thomas.
Meeting adjourned at 8 : 01 pm.
Respectfully submitted,
Marsha L . Georgia
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TOWN OF ULYSSES
PUBLIC HEARING
MAY 25 , 2010
Present : Supervisor Roxanne Marino ; Council people David Kerness, Kevin Romer,
Elizabeth Thomas and Lucia Tyler; Town Clerk Marsha L. Georgia;
Others Present : no others in attendance
IISupervisor Marino called the Public Hearing to order at 6 : 30 pm and proof of publication
was furnished.
Ms. Marino read Local Law # 1 2010 into the record as follows :
TOWN OF ULYSSES, NEW YORK
LOCAL LAW NO. 1 OF THE YEAR 2010
A Local Law to require operating permits for special events in the Town of
Ulysses Be it enacted by the Town Board of the Town of Ulysses as
follows :
SECTION 1 . Definitions
a. "Special Event". For purposes of this Local Law, a special event is defined as
follows : Any event or gathering in the Town of Ulysses, held on property located outside
the A-2 zone as designated in the Town of Ulysses Zoning Ordinance, which will result in
traffic generation of more than fifty vehicles
and
i. be more than eight (8) hours in
duration;
and/or
ii. involve overnight camping on property which is not an approved
overnight
camping facility pursuant to the Zoning Ordinance of the Town of
Ulysses.
b. The following shall not be considered a "special event" for purposes of this Local
Law:
i. A non-commercial social gathering at a single family residence, including,
but not limited to, a party, family reunion or wedding; or
ii. An event held on commercial property with available parking for
such event.
c. "Operator". The person, entity or organization which organizes and operates a
Special Event and the owner of the property where the event is held are collectively
referred to as the "Operator" for purposes of this Local Law.
SECTION 2. Operating Permit required
a. No Operator shall hold a Special Event in the Town of Ulysses, or permit
such an event to be held on property he or she owns, without first obtaining
an Operating Permit from the Town of Ulysses as prescribed in this Local
Law.
Public Hearing 2
May 25 , 2010
b. The Operating Permit shall be obtained at least five days before the
commencement of the Special Event.
SECTION 3. Requirements
a . No Special Event shall be more than five days in duration .
b . No more than four Operating Permits per calendar year shall be issued to the
same Operator or for the same property. Any applications for Operating
Permits in excess of this limit must be made to the Town Board of the
Town of Ulysses .
c . The Operator shall be responsible for safe operation of traffic and parking
on the property where the Special Event is held and will provide an attendant to
oversee and regulate traffic on the property.
d . The Operator shall provide proof of liability insurance for the Special Event
in an amount of no less than $ 1 ,000,000, naming the Town of Ulysses as
additional insured. Any request to maintain a lower amount of insurance
coverage will require the written consent of the Code Enforcement
Officer.
e . If the Special Event will include overnight camping, the Operator will
obtain all necessary approvals from the Tompkins County Health
Department prior to applying for the Operating Permit from the Town of
Ulysses .
SECTION 4. Procedure
a. The Operator of the Special Event shall apply to the Code Enforcement
Officer of the Town of Ulysses for an Operating Permit for the Special
Event on a form provided by the Town, which identifies the property
where the event will take place by address and tax parcel number. The
owner of the property where the event will be held must join in the
application.
b. Every application for an Operating Permit shall be accompanied by the
following:
i . an application fee set by resolution of the Town Board.
ii. an insurance binder or other written proof of insurance
coverage as required by this Local Law.
iii . if the Special Event will include overnight camping, copies
of all documents showing approval of the camping facilities by the
Tompkins County Health Department.
SECTION 5. Penalties
a. Failure to comply with the requirements of this local law shall constitute a
violation and shall be punishable by a fine of $ 1 ,000. 00 for the first violation and
$2,000.00 for each subsequent
violation.
b. Each day of failure to comply with the requirements of this local law shall
constitute a separate violation.
SECTION 6. Effective date
This local law shall take effect upon filing with the Secretary of State.
Public Hearing 3
May 25 , 2010
Hearing no comments from the public, Ms. Thomas moved, seconded by Ms. Marino to
close the public hearing. Unanimously approved and meeting adjourned at 7 : 05 pm.
Respectfully submitted,
Marsha L . Georgia
Ulysses Town Clerk
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