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HomeMy WebLinkAbout2010-12-14-RTB Town of Ulysses Regular Town Board Meeting December 14, 2010 Present : Supervisor Roxanne Marino ; Councilpersons David Kerness, Kevin Romer, Elizabeth Thomas and Lucia Tyler; Town Clerk Marsha L. Georgia; Highway Superintendent James Meeker; Deputy Supervisor Sue Poelvoorde; Attorney Mariette Geldenhuys . Others Present : Ken Zeserson, Chairman of the Planning Board; Debra Watkins, Village Trustee; Bill Chaisson, Free Press Reporter; Aaron Munzer, Ithaca Journal Reporter; Lawrence McCann; and Ron Maclean. Supervisor Marino called the meeting to order at 7 : 30 pm . BUDGET MODIFICATIONS Ms . Marino moved, seconded by Ms . Thomas the following Budget modifications : A Fund Appropriation line 1640 . 7 Central Print / Mail increase $ 244 Appropriation line 1620 . 4 Buildings CE increase $ 1 , 095 Appropriation line 1650 . 4 Central Communications CE increase $ 1 , 319 (website) Appropriation line 5010 . 4 Highway Supervisor CE increase $ 50 Appropriation Line 5132 . 4 Garage CE decrease $2, 708 Appropriation line 1920 . 4 Municipal Dues increase $ 970 (Cayuga Lake IO & Chamber of Commerce) Appropriation line 1010 . 4 Town Board CE decrease $ 970 Appropriation line 9060 . 8 Medical Insurance (Town Share) increase $ 528 Appropriation line 1910. 4 Unallocated Insurance decrease $ 528 B Fund Appropriation line 9060 . 8 Medical Insurance (Town Share) increase $ 1 ,062 Appropriation line 8011 . 1 Deputy Zoning Officer PS decrease $ 1 , 062 DB Fund Appropriation line 5110. 1 General Repairs PS increase $9,000 Appropriation line 9010 . 8 State Retirement increase $ 640 Appropriation line 9030 . 8 Social Security increase $ 474 Appropriation line 9040. 8 Workers Comp decrease $2 , 871 Revenue line DB599 Appropriated Fund Balance increase $ 7 ,250 SW3 Fund Regular TB Meeting 2 12/ 14/2010 . Appropriation line 8340 . 4 Transmission /Distribution CE increase $ 485 Appropriation line 8340 . 2 Transmission /Distribution EQ decrease $ 289. Appropriation line 8310 . 4 Administration CE decrease $ 196 Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted. APPROVAL OF CLAIMS Ms . Marino moved, seconded by Ms . Thomas the following resolution : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous examined vouchers numbered 477 through 525 in the amount of $ 55 ,294 . 03 . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted . APPROVAL OF MINUTES Ms . Thomas moved, seconded by Mr. Kerness the following resolution: BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of the Regular Town Board meeting of 11 /09/2010 ; the Special Town Board meeting of 11 / 17/210 ; the Public Hearings of 11 /03/2010 and 11 / 17/2010 . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted . Ms . Thomas asked to have a hard copy of the new Procurement Policy. PRIVILEDGE OF THE FLOOR No one wished to speak. TOWN REPORTS Planning Board Chair Ken Zeserson reported that there are now 2 vacancies on the Planning Board. Mr. Zeserson inquired about the progress of the review of the Conservation Zone . Mr. Zeserson reported on the activities of the Gas Drilling Advisory Committee and on the Public Informational meeting that was held at the Trumansburg High School on December 8 , 2010, which proved to be very informative . Regular TB Meeting 3 12/ 14/2010 Mr. Zeserson also said that there is a resolution being finalized to bring forward to the Town Board on gas drilling. REPORTS OF REPRESENTATIVES Tompkins County Representative Jim Dennis and TC Sheriff Absent. Trumansburg Fire Department - Chief Fulton submitted a report which was read by Mr. Romer. Trumansburg Village Trustee Debra Watkins reported that the Joint Town and Village meeting on EMS has been cancelled until January. The Village Zoning Ordinance is coming out of committee and soon will be presented to the Village Trustees. TOWN REPORTS Highway Superintendent James Meeker reported on the activities of the Highway Department. Town Clerk Marsha Georgia reported the total fees collected for the month and the amount turned over to the Supervisor. Code Enforcement Officer Alex Rachun reported the number of building permits issued for the month. Agriculture and Farmland Protection Plan Ms . Poelvoorde reported that the committee met and reviewed the draft plan. There were several substantive comments received that the committee. The committee will meet one more time on January 13 , 2011 , to review all the edits . At the end of January they will hold their public hearing/public information meeting before handing it over to the Town Board. Housing Rehabilitation Grant Ms . Poelvoorde updated the Board that the closeout paper work for the State is being finalized . Supervisor Roxanne Marino reported on • the operating statement • progress on the review of the personnel policy • Attorney looking into the procedure for selling Town property • TC Animal Control working on the formula for new fee schedules for the SPCA contract for 2011 • information from NYSEG Solutions to switch to 100% of renewable energy, would be a yearly increase of $340. Ms . Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses notify NYSEG Solutions that the Town of Ulysses switch to the 100% Renewable Energy. Ms . Marino aye Ms. Thomas aye Ms. Tyler aye Mr. Kerness abstained Mr. Romer aye Adopted. • computer meeting with Jeff Burns, Marsha Georgia, Michelle Townsend, Sue Poelvoorde, and Torn Schlee to discuss future computer use and a replacement Regular TB Meeting 4 12/ 14/2010 plan . The group discussed purchasing the recording software system that the Court currently uses for other Town meetings . Town Board Members / Committees Ms. Thomas reported on the activities of the Tompkins County Council of Governments ' gas drilling committee. A County Planner, Darby Kiley, has been hired to help the municipalities work on gas drilling issues . Ms . Thomas said Ulysses should get their request in to Ms . Kiley soon. Ms. Tyler reported that the Tompkins County Healthcare Consortium formed an appeals committee . Their function will be to deal with appeals on coverage, with the exception of coverage questions that are very medically involved and then there is an appeals group of doctors in Syracuse. *Note order of agenda changed slightly so Ms . Bouchard could review the next two agenda items under New Business . NEW BUSINESS Health Insurance (proposal for Supplemental policy) Mary Bouchard, Bookkeeper, reviewed the supplemental insurance for the employees on Medicare and the cost savings to the Town. Ms . Tyler moved, seconded by Ms . Thomas the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the Medicare Supplemental insurance for those employees currently on Medicare. Ms. Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted. Changing Payroll Service Ms . Bouchard has looked into going with Paychex , Inc . for the Town ' s payroll service and explained the reasoning for the change from ADP . Ms . Thomas moved, seconded by Mr . Kerness the following: BE IT RESOLVED that the Town Board of the Town of Ulysses approves the change for the payroll service from ADP to Paychex , Inc . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted. Proposed Changes to Voucher Processing & Review Ms . Bouchard had previously distributed information on changing the process for monthly vouchers . Ms . Bouchard reviewed the process being proposed. Ms . Bouchard and Ms . Marino spoke with the State Comptroller with respect to the Town Clerk ' s I . . 0 �L. .L` Regular TB Meeting 5 12/ 14/2010 responsibilities in the claims process . The new procedure will eliminate duplicate postings by the Clerk and the Bookkeeper. Further discussion on the procedure by the Town Board to review claims prior to the Board meeting will be included at the organizational meeting. OLD BUSINESS Special Permit for the Racker Center and SEAR Review The Board reviewed the SEQR application and Ms . Marino moved, seconded by Mr. Kerness the following : WHEREAS , the Franziska Racker Centers ("the Applicant") filed an application for a special permit and site plan review for a project to renovate the existing 25 ,000 square foot school building located at 3226 Wilkins Road in the Town of Ulysses (hereafter "the Property"), construct two single-story additions totaling 8 , 500 square feet, modify the existing west parking lot to become ADA compliant, add a new landscape buffer along Wilkins Road facing the residential neighbors, and as a later phase, add a new 55 space parking lot behind the east side of the school (collectively "the Project") ; and WHEREAS , the Project is an Unlisted action under the State Environmental Quality Review Act, and is subject to environmental review ; and WHEREAS , the Applicant completed Part I of the Short Environmental Assessment Form (SEAF) ; WHEREAS , the Town Board completed Part II of the SEAF; NOW, THEREFORE, BE IT RESOLVED that the Town Board determines, based on the information and analysis set forth in the SEAF and supporting documentation submitted by the Applicant, that the proposed action will not result in any significant adverse environmental impacts . Ms. Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted. Special Permit - Racker Center Ms. Marino moved, seconded by Ms . Thomas the following: SPECIAL PERMIT APPLICATION : FRANZISKA RACKER CENTERS PROJECT WHEREAS , the Franziska Racker Centers filed an application for a special permit and site plan review for a project to renovate the existing 25 ,000 square foot school building located at 3226 Wilkins Road in the Town of Ulysses (hereafter "the Property"), construct two single-story additions totaling 8 , 500 square feet, modify the existing west parking lot to become ADA compliant, add a new landscape buffer along Wilkins Road facing the residential neighbors, and as a later phase, add a new 55 space parking lot behind the east side of the school (collectively "the Project") ; and WHEREAS , the Property is located in a moderate density residential zone ; and WHEREAS , a school is a permitted use in this zone with a special permit approved by the Town Board, pursuant to § 8 . 5 of the Zoning Law; and Regular TB Meeting 6 12/ 14/2010 WHEREAS , the Town Board referred the application to the Planning Board for Site Plan Review pursuant to § 3 .4 of the Town of Ulysses zoning law ; and WHEREAS , the Project is an Unlisted action under the State Environmental Quality Review Act, and is subject to environmental review ; and WHEREAS , the Planning Board and the Town Board held a joint Public hearing for a Special Permit and Site Plan Review for the Project on November 17 , 2010 ; and WHEREAS , legal notice of the public hearing was published and properly posted ; and WHEREAS , the Planning Board passed a Resolution on November 17 , 2010, approving the site plan for the Project and recommending to the Town Board that it grant the Special Permit; and WHEREAS , the Planning Department of the County of Tompkins reviewed the Project under General Municipal Law § 239- 1, -m and -n and concluded that it did not have negative inter-community or county-wide impacts, as set forth in a letter to the Code Enforcement Officer dated December 3 , 2010 ; and WHEREAS , the applicant submitted the following documentation, which has been reviewed by the Town Board : 1 . A narrative describing the project; 2 . Part 1 of a short Environmental Assessment Form ; 3 . A survey map showing location of the Property, topography, streets, highway, adjacent neighbors, and buildings; 4 . A Stormwater Pollution Prevention Plan, Narrative and Calculations, subject to further review by Tompkins County Soil and Water Services ; 5 . A nine page site plan showing existing and proposed site work and proposed buildings ; and WHEREAS , the Town Board made a negative determination of environmental significance in a resolution adopted on December 14, 2010 ; NOW, THEREFORE, BE IT RESOLVED that the Town Board makes the following findings : 1 . All required written submissions for the Project are complete. 2 . The public was provided an opportunity to comment on the Project and all such comments were considered by the Town Board. 3 . A school is a permitted use in the Moderate-Density Residence District (R-2) by Special Permit . 4 . An educational facility provides benefit to the community. 5 . The site plan for the Project, as approved by the Planning Board, protects the general welfare, health and safety of the community, in that : 1 . The proposed new construction blends as unobtrusively as possible into the current landscape and the current aesthetic character of the complex is maintained; 2 . Additional lighting for the proposed parking lot at the back of the building will not produce excessive illumination; Regular TB Meeting 7 12/ 14/2010 3 . Stormwater run-off from the proposed parking lot will be mitigated by the construction of a small retention pond . d. New trees and shrubs at the school entrance along Wilkins Road will supplement existing spruce trees to create a landscape buffer facing residential neighbors . AND BE IT FURTHER RESOLVED that the Town Board approves the Special Permit for the Franziska Racker Centers Project. Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted. Approval of Insurance Renewal Contract Ms . Marino reported that the Town is due to renew the contract for the insurance with E. C . Cooper. Ms . Marino moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the insurance contract with E . C . Cooper for a total premium of $ 18 , 609 . 74 and authorize Supervisor Marino to sign the contact. Ms . Marino aye Ms. Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted. Annual Recognition for Service The Board discussed the annual $ 50 gift certificates from Shur Save to the employees and the committees . The Board decided that no elected officials will be included in this for 2010 . Ms . Thomas moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses provide gift certificates of $ 50 to all non-elected employees and the volunteer committees and boards appointed by the Town Board that regularly hold meetings . Ms . Marino nay Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted. Contract for Voicemail Ms . Marino gave the history of the voice mail proposal from All-Mode . Regular TB Meeting 8 12/ 14/2010 Ms . Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Supervisor Marino to contract with All-Mode Communications for a new voicemail system in the amount of $ 1 ,946 . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness nay Mr. Romer aye Adopted. *Note back to Old Business Dog Control Law and Fees Resolution Ms . Marino moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses adopt Local Law #2 for the year 2010 "Dog Licensing and Control Law of the Town of Ulysses", with the corrections made tonight as follows : Local Law #2 for the Year 2010 Dog Licensing and Control Law of the Town of Ulysses Section 1 . Title. The title of this Local Law shall be, "Dog Licensing and Control Law of the Town of Ulysses". Section 2. Authority. This Local Law is enacted pursuant to the provisions of (Chapter 59 ; Part T of the laws of 2010) Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York. Section 3 . Purpose. The Town Board of the Town of Ulysses, County of Tompkins hereby finds and declares that the purpose of this Local Law is to provide for the licensing and identification of dogs. Section 4 . Application . 1 . This Local Law shall apply to all areas of the Town of Ulysses, including the Village of Trumansburg . 2 . In the event that any dog owned by a non-resident of the Town of Ulysses is harbored within the Town for a period of 30 days or less, such dog shall be exempt from the identification and licensing provisions of this Local Law, provided such dog is licensed pursuant to the provisions of law in the area of residence . 3 . This Local Law shall not apply to any dog confined to the premises of any public or private hospital devoted solely to the treatment of sick animals, or confined to an animal shelter devoted to the impounding and caring of animals . Section 5 . Definitions As used in this Local Law, the following words shall mean : 1 . "Altered" shall refer to a dog that has been spayed or neutered. 2 . "At large" means an unleashed dog not under control of the owner and off the premises of the owner. 3 . " Companion animal" means any dog or cat, and shall also mean any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal . "Companion animal" shall not include a "domestic animal" as defined in this Section. . - Regular TB Meeting 9 12/ 14/2010 4 . "Dangerous dog" means any dog which a. without justification attacks a person, companion animal, farm animal , or domestic animal as defined in this section and causes physical injury or death, or b . behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or 1 1 c . without justification attacks a " Guide Dog" , "Hearing Dog" , " Service Dog" , i "Working Search Dog" , "War Dog" , "Detection Dog" , "Police Work Dog" , or "Therapy Dog " and causes physical injury or death. d. "Dangerous dog" does not include a "Police Work Dog" , while being used to assist one or more law enforcement officers in the performance of their official duties . 5 . 'Detection dog" means any dog that is trained and is actually used for such purposes or is undergoing training " to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband . 6 . "Dog" means any member of the species canis familiaris . 7 . "Dog Control Officer" means any individual appointed by the Town to assist in the enforcement of this Local Law or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the Town to assist in the enforcement of this Local Law. 8 . "Domestic animal" means any domesticated sheep , horse, cattle, fallow deer, red deer, sika deer, whitetail deer which is raised under license from the New York State Department of Environmental Conservation, llama, goat, swine, fowl, duck, 3 goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the New York State Department of Environmental Conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this Local law. 9 . "Farm animal " , as used in this Local Law, means any ungulate, poultry, species of cattle, sheep , swine, goats, llamas, horses or fur-bearing animals, as defined in New York State Environmental Conservation Law, which are raised for commercial or subsistence purposes . Fur-bearing animal shall not include dogs or cats . 10 . " Guide dog" means any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog owned by a recognized guide dog training center located within the State of New York during the period such dog is being trained or bred for such purpose. 11 . "Harbor" means to provide food or shelter to any dog. 12 . "Hearing dog" means any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any dog owned by a recognized training center located within the State of New York during the period such dog is being trained or bred for such purpose . 13 . "Identification tag" means a tag issued by the Town of Ulysses or other licensing municipality which sets forth an identification number, together with the name of the municipality, the State of New York, contact information, including telephone number for the municipality, and such other information as the licensing municipality deems appropriate . 14. "Identified dog" means any dog carrying an identification tag. 15 . "Municipality" means any county, town, city or village . 16 . "New York State Agriculture and Markets Law" means the Agriculture and Markets Law of the State of New York in effect as of the effective date of January 1 , 2011 and as amended thereafter. Regular TB Meeting 10 12/ 14/2010 17 . " Owner" means any person who harbors or keeps any dog. If a dog is not licensed, the term of "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any animal which is kept, brought or comes within the Town. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this Local Law shall be held and deemed to be the owner of such dog for the purpose of this Local Law . In the event any dog found to be in violation of this Local Law shall be owned by a minor (under 18 years of age) , the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog and violation of this Local Law . 18 . " Owner of record" means the person purchasing the license or in whose name any dog was last licensed. An owner of record shall be 18 years of age or older. 19 . "Person" means any individual, corporation, partnership , association or other organized group of persons, municipality, or other legal entity. 20 . "Police work dog" means any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes . 21 . "Purebred Dog" means a dog registered by a nationally recognized registry association. 22 . "Recognized registry association" means any registry association that operates on a nationwide basis, issues numbered registration certificates and keeps such records as may be required by the Commissioner of Agriculture . 23 . " Service dog" means any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability, provided that the dog is or will be owned by such person or that person's parent, guardian or other legal representative . 24 . "Therapy dog" means any dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes and other settings and is actually used for such purpose, or any dog owned by a recognized training center located within the state during the period such dog is being trained or bred for such purpose . 25 . " Tompkins County Working dog" shall refer to any " Guide Dog" , "Hearing Dog" , " Service Dog" , "Working Search Dog" , "War Dog" , "Detection Dog" , "Police Work Dog" , or "Therapy Dog" as defined by this Local Law and Article 7 of New York State Agriculture & Markets Law, and is duly licensed by any licensing municipality within Tompkins County, New York and wearing a Tompkins County Working Dog tag . 26 . "Town" means the area within the corporate limits of the Town of Ulysses, including the Village of Trumansburg. 27 . "Town Board" means the Town of Ulysses Board. 28 . "Town Clerk" means the Ulysses Town Clerk. 29 . "Unaltered" shall refer to any dog that is not spayed or neutered. 30 . "Village" means the area within the corporate limit of the Village of Trumansburg. 31 . "War dog" means any dog which has been honorably discharged from the United States armed services . 32 . "Working search dog" means any dog that is trained to aid in the search for missing persons and is actually used for such purpose. Section 6. Licensing. 1 . Application for Original License. a. The owner of any dog reaching the age of four months shall immediately ro . Regular TB Meeting 11 12/ 14/2010 make application to the Town Clerk for a dog license on a form provided by the Town Clerk ' s Office . No license shall be required for any dog which is under the age of four months and which is not at large, or any dog that is residing in a pound or shelter maintained by or under contract or agreement with the State of New York or any county, city, town or village, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog protective association. b . In the case of an unlicensed dog being redeemed by the owner or a dog being adopted from a shelter or pound, the Town Clerk and the manager of the facility shall establish a licensing procedure that is agreeable and beneficial to both the Town of Ulysses and the shelter or pound. 2. Rabies Vaccination Required. All applications for a dog license shall be accompanied by a valid rabies certificate signed by a licensed veterinarian or, in lieu thereof, a statement certified by a licensed veterinarian stating that the dog is too young to be vaccinated or because of old age or another reason, the life of the dog would be endangered by the administration of vaccine. A copy of the rabies certificate or certified statement shall be attached to the Clerk ' s copy of the application. In the case of an unlicensed dog being redeemed by the owner or a dog being adopted from a shelter, copies of the rabies certificate shall be forwarded to the Town Clerk. Such records shall be kept on file by the Town Clerk and be made available upon request for rabies and other animal disease control efforts . 3. Spay/Neuter Certificates. In the case of a spayed or neutered dog, every application shall be accompanied by a certificate signed by a licensed veterinarian, showing that the dog has been spayed or neutered. In lieu of the spay or neuter certificate an owner shall present a statement certified by a licensed veterinarian stating that he has examined the dog and found that because of old age or other reason, the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in Part 7 of this Section. 4. License. Upon receiving a complete application, the required documents and the fee, the Town Clerk shall issue a license and tag. The Town Clerk ' s copy shall be kept on file in accordance with the Records Retention and Disposition Schedule MU- 1 issued by the New York State Archives and Records Administration. 5. Expiration of License. An original license shall be issued for a period of one year, and shall expire on the last day of the month one year from the date of issue. 6. License Renewal. a. License renewal forms shall be mailed by the Town Clerk. b . A new rabies certificate shall be required if the one on record has expired or expires within 30 days of the date of renewal . An in-lieu-of statement as described in Part 2 of this Section may be substituted for a rabies certificate. New rabies certificates and statements shall be copied and attached to the Town Clerk ' s copy of the renewal . c . A spay/neuter certificate shall not be required if one is already on file with the Town Clerk. In a case where the dog has been altered during the preceding year, the certificate shall be presented to the Town Clerk in order to receive the reduced fee for an altered dog. The Town Clerk shall make a copy of the certificate and attach it to the original license on file. d. The renewal shall expire on the last day of the month in the same month that it was originally issued . (i . e . , a license originally issued in January will always expire in January. ) e. Renewing early or late, does not change the renewal month. However, owners having more than one dog may request common renewal dates for their licenses, which may be granted at the discretion of the Town Clerk, provided that all other licensing and renewal requirements are met. No licensing fees will be prorated, refunded, or waived when accommodating such a request. Regular TB Meeting 12 12/ 14/2010 f. Upon renewal the Town Clerk shall provide a validated license to the owner. The Clerk ' s copy shall be kept on file in accordance with the Records Retention and Disposition Schedule MU- 1 issued by the New York State Archives and Records Administration. 7. License Fees. a. Pursuant to this Local Law, the Town Board of the Town of Ulysses is authorized to establish by resolution, a schedule of fees pertaining to the licensing, identification and enumeration of dogs . The Town Board may amend the fee schedule by resolution from time to time as it deems appropriate. The most current fee schedule will be kept on file in the office of the Ulysses Town Clerk for public inspection. b . All applications for original licenses or renewals shall be accompanied by a fee established by resolution of the Ulysses Town Board. c . All revenue derived from such fees shall be the sole property of the Town of Ulysses and shall be used only for controlling dogs and enforcing this Local Law and Article 7 of New York State Agriculture and Markets Law . Said revenue may also be used to subsidize the spaying or neutering of dogs , to subsidize any facility as authorized under Article 7 of New York State Agriculture and Markets Law, and to subsidize public humane education programs related to responsible dog ownership . d. In no event shall any money derived from license fees be used to subsidize the spaying or neutering of cats or animals other than dogs . e . No license fees are refundable or partially refundable in the event that a dog is lost, stolen, sold, given away, surrendered or deceased before the expiration of the license . f. An additional fee may be established by resolution of the Ulysses Town Board should a dog be identified as unlicensed during an enumeration. Such additional fee shall be the property of the Town of Ulysses and shall be used to pay the expenses incurred while conducting the enumeration. In the event the additional fees collected exceed the expenses incurred, such excess fees may be used for enforcing this Local Law and for spaying or neutering dogs and cats . g. In addition to the fees set by the Town Board, an additional New York State Spay/Neuter Surcharge shall be assessed for the purpose of carrying out population control efforts as mandated by Article 7 of New York State Agriculture and Markets Law. Money derived from such additional assessment may be used to subsidize the spaying and neutering of cats as well as dogs pursuant to Article 7 of New York State Agriculture and Markets Law . 8. Exemptions to License Fees. Licenses for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog shall be exempt from license fees . Each copy of any license for such dogs shall be conspicuously marked " Guide Dog" , "Hearing Dog" , " Service Dog" , " Working Search Dog" , "War Dog" , "Detection Dog" , "Police Work Dog" , or " Therapy Dog" , as may be appropriate, by the Town Clerk. Pursuant to Article 7 of New York State Agriculture and Markets Law, said dogs are not exempt from the mandated population control fee. 9 . Identification of dogs . a. When a dog is originally licensed, a Town of Ulysses identification number will be assigned and an identification tag shall be issued, which shall be worn by the dog at all times . b . Existing New York State Agriculture and Markets dog licenses being renewed or transferred in from another municipality shall be assigned a Town of Ulysses identification number and an identification tag shall be issued . The New York State Agriculture and Markets tag or other municipality' s tag shall be discarded and the Town of Ulysses tag shall be worn by the dog at all times . Regular TB Meeting 13 12/ 14/2010 c . A dog participating in a dog show is exempted from wearing an identification tag only for the duration of the show . d . No identification tag shall be affixed to the collar of any dog other than the dog to which it was assigned. e . Any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog shall be issued a Town of Ulysses identification tag and a Tompkins County Working Dog tag. Both tags shall be worn by the dog at all times . f. Lost tags shall be replaced at the expense of the owner at a fee set by the Ulysses Town Board. 10 . Change of Address . When there is a change of address for the owner of record, the owner shall notify the Town Clerk ' s Office of such change . If the change is still within the Town of Ulysses , the Town Clerk will make the appropriate updates to the dog license record . If the change is located outside the Town of Ulysses, the Town Clerk shall make a note in the record and cancel the license . The Clerk shall forward a copy of the license to the Clerk of the municipality to which the owner has moved, informing said Clerk that the dog now resides in their municipality. 11 . Change of Ownership. In the event of a change in the ownership of any dog licensed in the Town of Ulysses, the new owner shall immediately make application for a license for such dog. Additionally, the original owner of record shall notify the Town Clerk ' s Office of the change of ownership . Such original owner of record shall be liable for any violation under this Local Law until such filing is made or until the dog is licensed in the name of the new owner. 12 . Lost, Stolen or Deceased Dog . If any dog which has been licensed in the Town of Ulysses is lost, stolen or deceased, the owner of record shall notify the Town Clerk ' s Office within thirty days the discovery of such loss, theft or death. 13 . Lists of Licensed Dog Owners . No dog licensing records, information, or lists shall be made available to any person or company for commercial purposes . 14. Purebred Licenses. a. Purebred Licenses are offered in the Town of Ulysses as an alternative to individual dog licenses for owners actively involved in the breeding and sale of purebred dogs . b . To qualify for a Purebred License, a person must own five or more purebred dogs and at least five of those dogs must be unaltered . The purebred dogs must be registered by a recognized registry association as defined in Agriculture and Markets Law § 108 . c . At the time of application, the Town Clerk shall assign a Purebred License identification number. d. Application for a purebred license shall be on a form provided by the Town Clerk and shall include rabies vaccination certification as specified in Part 2 of this Section for every dog listed on the license, a copy of which shall be kept on file by the Town Clerk . e . Copies of registry papers for every dog or a comprehensive list of registry numbers and associations shall be required and filed with the Clerk ' s copy of the license . f. All dogs over four months of age must be listed and included in the purebred license. g. Purebred licenses shall be issued for one year and renewed annually. h . All applications for and renewals of purebred licenses shall be accompanied by a fee as set by resolution of the Town Board . In addition, an assessment of $ 3 . 00 for each dog unaltered dog and $ 1 . 00 for each altered dog shall be added for the purpose of carrying out animal population control efforts as mandated by Article 7 of New York State Agriculture and Markets Law. No fee or portion thereof shall be refundable once the license is issued. Regular TB Meeting 14 12/ 14/2010 i . The Town Clerk may request that the Dog Control Officer verify the number of dogs being claimed on any purebred license. j . No purebred license is transferable. Upon change of ownership of any dog licensed under a purebred license, the new owner shall immediately make application for a license pursuant to Part 1 of this Section, except when the new owner holds a valid purebred license and adds the dog to such purebred license. 15. Wolf/dog hybrid. A wolf/dog hybrid, or any animal whose overall appearance makes it difficult, or impossible to distinguish from a wolf (Canis lupis) , or a coyote (Canis latrans) may not be licensed in the Town of Ulysses . NYS Department of Environmental Conservation regulates them under Dangerous Wildlife License pursuant to Environmental Conservation Law § 3 -0301 , 11 -0325 , 11 -051. and 6 NYCRR Part 175 and Part 180 . A copy of such permit must be filed with the Ulysses Town Clerk in lieu of a dog license . Section 7. Prohibited Acts. It shall be unlawful for any owner of a dog to permit or allow such dog to : 1 . Run at large . 2 . When within the corporate limits of the Village of Trumansburg, be off the owner' s property unless restrained and controlled by an adequate collar and a leash 3 . When in the area of the Town of Ulysses outside the corporate limits of the Village, be off the owner' s property unless restrained by an adequate collar and leash except when it is accompanied by its owner or a responsible person able to control it by command. 4 . Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually annoy and/or disturb any person other than the owner of such dog. 5 . Cause damage or destruction to property or defecate, urinate, dig or otherwise commit a nuisance other than on the property of the owner of such dog. 6 . Chase, bite, jump upon or at, or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury. 7 . Chase, run alongside of, bark at or otherwise harasses any motor vehicle, motorcycle, bicycle, carriage or any other vehicle or device used by persons for travel or any riders or occupants thereof while said vehicle or device is on a public highway or private property other than property of the owner of said dog. For purposes of this section, a horse or other animal shall be considered a vehicle or device . It shall also be unlawful for any dog owner to : 1 . Fail to license any dog at the age of four (4) months or older, or allow any dog to be unlicensed due to failure to renew a dog license . 2 . Fail to have any dog identified by a valid and current Town of Ulysses dog license identification tag. 3 . Knowingly affix to any dog any false or improper identification tag or any identification tag belonging to another dog. 4 . Fail to confine, restrain or present such dog for any lawful purpose pursuant to this Local Law or Article 7 of New York State Agriculture and Markets Law. 5 . Furnish any false or misleading information on any license or form, required by the Town, the Ulysses Dog Control Officer, or any shelter or pound servicing the Town of Ulysses . 6 . Fail to notify the Town Clerk of any change of ownership , change of address, death or loss of any dog licensed in the Town of Ulysses . I I Y . Regular TB Meeting 15 12/ 14/2010 7 . License a wolf/dog hybrid or any animal whose overall appearance makes it difficult or impossible to distinguish it from a wolf (Canis lupis) , or a coyote (Canis latrans) as a dog in the Town of Ulysses . See Section 6 - # 15 . • 8 . Fail to obtain a permit from the Department of Environmental Conservation for a wolf/dog hybrid or any animal whose appearance makes it impossible to distinguish it from a wolf (canis lupus) or a coyote (canis latrans) and/or fail to file such permit with the Town of Ulysses in lieu of a dog license . 9 . Violate the provisions of New York State Agriculture and Markets Law 351 , which prohibits animal fighting. Establishment of the fact or facts that a dog or its owner has committed any of the acts above prohibited by this Local Law shall be presumptive evidence against the owner of such dog that he/she has failed to properly confine, leash or control his/her dog. Section 8. Removal of Feces. 1 . Any owner who allows a dog to defecate on any public or private property, other than the property of the owner, shall immediately clean up the feces, place it in a plastic container or bag, and deposit it in a container used for the disposal of refuse . 2 . In no event shall any feces be deposited in storm drains or any other streams or ponds . Section 9. Conditions for Keeping Dogs. All premises occupied by dogs shall be kept in a clean, sanitary condition. Adequate food, water, shelter and space must be provided for each dog owned. For the purpose of this Section, "adequate" shall mean sufficient for age, size and number of dogs on the premises . Section 10. Female Dogs. All female dogs, while in season (heat), shall be confined to the premises of their owner and my not be left outside unattended. Any owner not adhering to this section shall be subject to having the dog seized by the Dog Control Officer and removed to a shelter or pound for confinement . The owner of any dog seized pursuant to this section shall be subject to an impoundment fee plus the shelter' s usual boarding fees for time spent in the shelter. In the event that the dog is released from the shelter before the end of its cycle, the owner must demonstrate to the shelter manager that the dog shall be sufficiently confined. Section 11 . Liability of Owner. 1 . If a domestic, farm or companion animal is injured or killed as a result of being attacked, chased or worried by any dog, the owner of said dog shall be liable for damage . The owner of such injured or killed animal may make a complaint to the Dog Control Officer or a police officer who shall proceed pursuant to the Dangerous Dog Section of Article 7 of New York State Agriculture and Markets Law. 2 . In no event shall the Town of Ulysses, the Village of Trumansburg, or the County of Tompkins be held liable for any damage done by any dog. Section 12. Dangerous Dogs. 1 . The determination of a Dangerous Dog and the prosecution of the owner of such a dog shall be pursuant to Article 7 of New York State Agriculture and Markets Law. 2 . In the event that a dog is determined by the Ulysses Town Court to be a dangerous dog , the Court shall give notice to the Town Clerk of such determination and note will be made in the dog ' s record. Additionally, the Town Clerk shall notify the Village Clerk, law enforcement and emergency services . Regular TB Meeting 16 12/ 14/2010 Section 13 . Enforcement/Appearance Ticket. Any Dog Control Officer or other person or persons, who are or may be lawfully authorized by the Town, shall, and any Village of Trumansburg Police Officer or any other peace officer may, administer and enforce the provisions of this Local Law, and for such purpose shall have the authority to issue appearance tickets . Section 14. Impoundment of Dogs 1 . Any dog belonging to a person found in violation of any of the provisions of this Local Law may be seized pursuant to the provisions of New York State Agriculture and Markets Law . 2 . Any dog believed to be dangerous and which poses an immediate threat to the public safety may be seized . 3 . Any dog may be seized, which has been judged to be a Dangerous Dog pursuant to New York State Agriculture and Markets Law and whose owner has failed to obey a court order pertaining to said Dangerous Dog. 4 . Every dog impounded shall be properly cared for, sheltered, fed and watered . 5 . Seized dogs may be redeemed by producing proof of licensing and identification and by paying an Impounded Dog License Surcharge as set by resolution of the Town Board . 6 . Each dog which is not identified, whether or not licensed, shall be held for a period of 5 days from the day seized during which period the dog may be redeemed by its owner. Said owner shall provide proof that the dog has been licensed pursuant to this Local Law and pay an Impoundment Dog License Surcharge fee pursuant to Part 5 of this Section . Seized dogs that are found to be unlicensed shall be reported to the Town Clerk before leaving the shelter and be required to be licensed immediately at the Town Clerk ' s Office . 7 . In the case of an identified dog, the owner of record shall be promptly notified by the Dog Control Officer of the seizure and the procedure for redemption either personally or by certified, return receipt requested mail . If notification is personally given, the dog shall be held for a period of 7 days after the day of notice , during which period the dog may be redeemed by the owner. If such notification is made by mail, the dog shall be held for a period of 9 days from the date of mailing, during which period the dog may be redeemed by the owner. Said owner shall provide proof that the dog has been licensed pursuant to this Local Law and pay an Impoundment Dog License Surcharge fee pursuant to Part 5 of this Section. Any owner who provides an expired license as proof will be reported to the Town Clerk for renewal of the license and pay the Impounded Dog License Surcharge before the dog is released from the shelter. 8 . Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provision of New York State Agriculture and Markets Law . 9 . If the owner of any unredeemed dog is known, such owner shall be required to pay the Impoundment Dog License Surcharge fee required by Part 5 of this Section. 10 . The seizure of any dog shall not relieve any person from any violation of this Local Law or New York State Agriculture and Markets Law . Section 15. Complaint. 1 . Any Town-designated Dog Control Officer or Agency having reasonable cause to believe that a violation of this Local Law has been committed in his/her presence shall, and any Village Police Officer or other peace officer may, issue and serve upon such person an appearance ticket for such violation. 2 . Any person who observes a dog in violation of this Local Law may file a complaint, under oath, with a Town-designated Dog Control Officer or Agency specifying the nature of the violation, the date thereof, and a description of the dog, the location of the violation and the name and residence, if known, of the owner of such dog. Such complaint may serve as the basis for enforcing the provisions of this Local Law . r Regular TB Meeting 17 12/ 14/2010 3 . Upon receipt by the Town-designated Dog Control Officer or Agency of any such complaint, that Officer or Agency shall issue an appearance ticket to the alleged owner of the dog to appear before the Ulysses Town Court at a date and time specified. Section 16. Violations and Penalties. A violation of this law shall constitute a violation as defined in the Penal Law of the State of New York and shall be punishable by a penalty of not less than $25 for the first violation, not less than $50 for the second violation, and not less than $75 for the third and all subsequent violations, or by imprisonment for a term not to exceed five days for each violation. These penalties shall be in addition to any other penalty provided by law. Section 17. Additional Penalties. 1 . Pursuant to Article 7 of New York State Agriculture and Markets Law, any person who intentionally refuses, withholds, or denies a person, because he or she is accompanied by an on-duty police work dog, working search, war, or detection dog, any accommodations, facilities, or privileges thereof shall be subject to a civil penalty of up to $200 . 00 for the first violation and up to $400 . 00 for each subsequent violation. 2 . Pursuant to Article 7 of New York State Agriculture and Markets Law, any person who for the purpose of participating in the animal population control program shall falsify proof of adoption from a pound, shelter, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog or cat protective association or who shall furnish any licensed veterinarian of this state with inaccurate information concerning his or her residency or the ownership of an animal or such person's authority to submit an animal for a spaying or neutering procedure pursuant to this Local Law and/or Section 117 of New York State Agriculture and Markets Law, and any veterinarian who shall furnish false information concerning animal sterilization fees shall be guilty of a violation prosecuted pursuant to the New York State Penal Law punishable by a fine of not less than $ 250 . 00 . Section 18. Disposition of Fines. Notwithstanding any other provision of law, all moneys collected as fines or penalties by the Town of Ulysses as a result of any prosecution for violations of the provisions of this Local Law or Article 7 of New York State Agriculture and Markets Law and all bail forfeitures by persons charged with such violations shall be the property of the Town of Ulysses and shall be paid to the Town Supervisor. Such moneys shall be used only for controlling dogs and enforcing this Local Law. Said revenue may also be used to subsidize : 1 ) the spaying or neutering of dogs, 2) any facility as authorized under Article 7 of New York State Agriculture and Markets Law, and 3 ) subsidizing public humane education programs in responsible dog ownership . Section 19. Non-liability. No action shall be maintained against the Town of Ulysses, the Village of Trumansburg, the Ulysses Dog Control Officer, any Village of Trumansburg Police Officer, or any person or persons lawfully authorized by the Town when performing duties pursuant to this Local Law or New York State Agriculture and Markets Law to recover the possession or value of any dog, or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this Local Law or New York State Agriculture and Markets Law. Section 20. Separability If any section, paragraph, subdivision, clause, phrase or provision of this Local Law shall be judged invalid or held unconstitutional, it shall not affect the validity of the Local Law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional . Regular TB Meeting 18 12/ 14/2010 Section 21 . Repealer. This Local Law shall supersede all prior Local Laws, ordinances , rules and regulations relative to the control, licensing and fee schedules of dogs within the Town and they shall be, upon the effective date of this Local Law, null and void. Section 22. Effective Date. This Local Law shall take effect the 1St day of January 2011 and filed with the Secretary of State . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted. Resolution of Dog Licensing Fees Ms . Marino moved, seconded by Ms . Thomas the following resolution : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following Dog License fees : Dog License Fees Spayed/neutered Dogs $ 13 . 50* Unspayed/unneutered $20 . 50 * * Tompkins County Working Dogs as referenced in Section 5 - #24 of Local Law #2 for the Year 2010 — "Dog Licensing and Control Law of the Town of Ulysses". No Fee * Includes $ 1 for Dog Population Control Surcharge * * Includes the $ 3 for Dog Population Control Surcharge Purebred Licenses 5 -20 Purebred dogs $ 100 . 00* 21 - and over 200 . 00 * * Additional $ 3 . 00 for each unaltered dog Replacement Tag/ Purebred Tag $ 3 . 00 Impoundment Fee (refund by TCAC) $ 30 . 00 Unlicensed Dog identified during Dog Enumeration $ 5 . 00 Further resolved that this shall supersede all prior Dog License fee schedules established by the Town of Ulysses . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Regular TB Meeting 19 12/ 14/2010 Adopted. EMS Ms . Marino said that the Village Board had met previously and decided to have a meeting with all the Towns involved with the EMS contract and it will be scheduled for January 2011 . Ms . Geldenhuys has been trying to schedule a meeting with the other municipal attorneys involved . Ms . Marino asked Mr. Romer and Mr. Kerness about any progress on RFP ' s (desired requested services) . Mr. Romer has two other RFP ' s from other towns or cities and has talked with a couple of other towns that have gone to private ambulance service . Mr. Romer and Mr. Kerness will continue to look into this . RFP for Road Engineering Assessment The joint RFP for a Road Engineering Assessment with the Town ' s of Caroline and Enfield is being put together and should be ready in early January. Once it is received it will be shown to Mr. Meeker. The Board would like to review it. Ms . Marino, Mr. Meeker and Mr. Kerness will work on this . Vacancies on Planning Board / Zoning Board A notice needs to be done to attract interested residents to fill the vacancies on the Planning Board and Zoning Board. One letter has been received from Peter. Fry who is interested in the Planning Board. Mr. Kerness will arrange and organize a time to interview Mr. Fry and advise the rest of the Board if they would like to participate. Organizational Meeting Date The Board will hold the Organizational meeting for 2011 on Friday January 7th at 1 : 00 P .M. Proposal to Develop Work Plan for Zoning Law Changes The Board discussed developing a work plan for the Zoning Law changes proposed . It was discussed to hire someone to develop a work plan to implement the Comprehensive Plan in an orderly way and within a reasonable amount of time by first prioritizing the Board ' s concerns and them coming up with the best approach. When Tompkins County Planning staff assists a municipality, the first requirement they have for a contract with that municipality is that there be a work plan . Ms . Marino would like to engage County Planning to develop a work plan with the Board at a rate of $25 per hour. She estimates it would be 20 to 40 hours . The Board discussed the previous work plan presented sometime ago . Mr. Kerness would like to see the Board vote on that work plan. The other Board members were not comfortable to vote on this tonight. Ms . Marino suggested tabling this . Adjournment Hearing no further business Ms . Thomas moved, seconded by Ms . Tyler to adjourn the meeting. Unanimously approved. Meeting adjourned at 10 : 40 P . M . Respectfully submitted, Regular TB Meeting 20 12/ 14/2010 Marsha L. Georgia Ulysses Town Clerk MLG : mlg Town of Ulysses Public Hearing Local Law #2 2010 December 14, 2010 Present : Supervisor Roxanne Marino ; Councilpersons David Kerness, Kevin Romer, Elizabeth Thomas and Lucia Tyler; Town Clerk Marsha L . Georgia and Deputy Supervisor Sue Poelvoorde . Ms . Marino opened the Public Hearing at 7 : 10 pm and read the proof of publication into the record. No one was in attendance that wished to speak. Hearing was closed at 7 : 25pm . Respectfully submitted . Marsha L. Georgia Ulysses Town Clerk MLG : mig