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HomeMy WebLinkAbout2012-06-12-RTB Town of Ulysses
Regular Town Board Meeting
June 12 , 2012
Present : Supervisor Roxanne Marino ; Councilpersons Elizabeth Thomas, Lucia Tyler,
David Kerness and Kevin Romer; Deputy Supervisor Sue Poelvoorde ; Highway Superintendent
James Meeker; Town Clerk Marsha L . Georgia; and Attorney Mariette Geldenhuys
Others Present : Diane Hillman, Jacksonville Community Association; Nancy Dean, Town of
Ulysses Historian; and Louis DiPietro, Trumansburg Free Press
Supervisor Marino called the meeting to order at 7 : 00 p .m.
APPROVAL OF MEETING AGENDA
Ms . Marino added two items to the agenda under Old Business and moved for approval,
seconded by Ms. Thomas . Unanimously approved by the Town Board.
BUDGET MODIFICATIONS
Ms. Thomas moved, seconded by Mr. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the increase of
$ 10, 800 to account A1420 .4 — Attorney CE ; transferred from assigned fund for Legal (A
fund) .
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
APPROVAL OF CLAIMS
Ms . Marino moved, seconded by Mr. Romer the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous
examined vouchers 208 to 250 in the amount of $20, 119 . 01 .
Ms. Marino aye
Ms . Thomas aye
Ms. Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
APROVAL OF MINUTES
Ms . Thomas moved, seconded by M. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes as
edited for Special Town Board meeting of March 27, 2012, Regular Town Board meeting
of May 8 , 2012, and the Special Town Board meeting of May 15 , 2012 .
a
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I i
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Regular Town Board 2
June 12, 2012
Ms. Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
REPORTS OF REPRESENTATIVES
Tompkins County Representative Jim Dennis — absent.
Trumansburg Fire Department & EMS — absent.
Trumansburg village Representative — absent.
Other
Town Historianl Nancy Dean
Ms . Dean said that the State Education Historic Site signs are going to be taken down for
repainting and she requested that Highway Superintendent Meeker post a notification on the sign
post to let the public know that the sign is down for repair and not stolen. Ms . Dean will work
directly with Mr. Meeker.
Ms . Dean noted that it has been several years since the Town spoke to Mobil about the future of
old 1826 Meeting House in Jacksonville . She requested that the Town reach out to Mobil to see
if the building could be acquired. A structural assessment of the building had been done and it
was determined do be in good shape . She also noted that it would be eligible to be listed on the
State and National Historic Preservation registries . Ms . Dean is looking into this further. Ms.
Thomas offered to help Ms . Dean. f
1 -
Jacksonville Community Association President Diane Hillman t
Ms . Hillman reported that last month the Association had a meeting with Sheriff Lansing to
discuss the increase in crime within the hamlet. The Association discussed the option of
establishing a neighborhood watch program. The topic came up that there is not an appropriate
legal structure to inspect rental property. Ms. Hillman encouraged the Town Board to look at the
changes previously proposed by the Association for the Zoning code as a means to address issues
with rental property.
Ms . Hillman reported that the Association had a very successful, well-attended annual picnic this
year. The picnic was co-sponsored by the Jacksonville Church and the Montessori School .
The Association did a close review of their current insurance and found that they need to update
the policy. The Montessori School has offered to cost-share as they frequently use the park.
PRIVILEGE OF THE FLOOR
No one wished to speak.
TOWN REPORTS
Planning Board / Zoning Officer Darby Kiley
Ms . Kiley was not able to attend the Town Board meeting as she was attending a workshop to
get information on the next round of funding through the Southern Tier Regional Development
Council . Ms . Marino reviewed Ms . Kiley ' s monthly report.
Ms. Thomas noted that while Ms . Kiley distributed copies of Article III of the Zoning Law with
some edits and comments from her for the Town Board' s review and comment, Ms. Thomas
recommends that the Town Board send it to the Planning Board first for their review and edits .
Regular Town Board 3
June 12, 2012
The Board concurred with Ms . Thomas ' s recommendation. She will relay the Board' s preference
to Ms . Kiley.
Highway Superintendent James Meeker reported on the activities of the Highway Department
for the month. Mr. Meeker is still waiting for confirmation that funding is approved for the
bridge on Seneca Road and expressed his concerns about going out to bid so late in the year. Mr.
Meeker is gathering all the information on the property to be acquired from Mr. Weatherby for
the realignment of Curry Road west of the new bridge .
Town Clerk Marsha Georgia reported that the total fees for May were $2 , 366 . 50 and of that
$ 1 ,213 . 9 was turned over to the Supervisor. Ms . Georgia said that the quarterly water bills were
mailed last week. She also got a new credit card machine for her office that is more user-friendly
for customers.
Code Enforcement Officer Alex Rachun — absent.
Supervisor Marino previously distributed the operating statement for the month and stated that
if anyone had any questions they could contact her.
Deputy Supervisor Sue Poelvoorde reported that she is has been reviewing and editing website
pages and editing meeting minutes .
Town Board Members and Committees
Councilwoman/Deputy Supervisor Elizabeth Thomas gave the following report:
VILLAGE (5/ 14 meeting)
• 2°a Ambulance out of service as much as in since September – need new
o Sell old 427K, new $ 140K
• DEC – working to correct high levels of coliform coming from water treatment plant.
• New Treasurer
• Community picnics at the Farmer' s Market – show brochures .
• Sewer repair on South St.
• New Supervisor of Public Works – Dana – replacing Bruce Vann
• Updated leash law
• Gave benefits to part-time employees
• Working on zoning
• BDT – will help Jim Meeker if he needs it.
• Field office for Seneca Road Bridge Project at Village Hall
BLACK DIAMOND TRAIL (5/ 15 )
Press Conference – Attended with prepared remarks from Ulysses related to bridge funding.
TANG (5/ 17)
- Pipelines forum – complex topic with various regulators depending on the size, length
and pressure of the lines—mostly federal and state.
- Need a concise write up of the topic .
TCCOG (5/24)
- Broadband –
o Towns must plan in advance to be ready for federal grant funding – grant
deadlines are tight.
o Eligibility depends on
• high speed connections available (DSL and satellite are not included as
"high speed) .
• Median household income
- Wetlands – Darby Kiley has wetland local law template for municipalities
- Recreation Partnership – County, City and Town of Ithaca – all have signed on for
another 5 years .
Regular Town Board 4
June 12, 2012
- Discussions :
o Open meetings law
o Computer security policy
- Cell towers — no county-wide negotiations
o Each municipality can have Silverberg review their legislation
o Model legislation from V . of Lansing or City of Ithaca can be used.
OLD BUSINESS
Roof Contract
The Town Board held a Public Hearing prior to this meeting to hear public comment on the
expenditure of $ 15 , 800 for a new roof on the Town Hall expensed from the Building Repair
Reserve Account Hearing no opposition, Ms. Thomas moved, seconded by Ms . Marino the
following :
WHEREAS , the Town Board of Ulysses requested bids for re-roofing the Town Hall and
selected Mainstay Builders as the contractor; and
WHEREAS , Mainstay Builders provided the proper insurance documents recommended
by the Toiwn attorney; and
WHEREAS the attorney for the town recommended several changes to the contract with
Mainstay Builders be made before signing by the Town Supervisor.
THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses approves
the contract with Mainstay Builders and
RESOLVED that the Town Supervisor sign the final version of the contract to reroof the
Town Hall when the changes recommended by the attorney for the Town have been
added.
Ms. Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
Recreation Partnership
The Recreation Partnership agreement was previously discussed at the Board' s last meeting; Ms.
Marino moved, i econded by Ms . Thomas the following :
WHEREAS , the Town of Ulysses is currently a member of the Inter-municipal
Recreation Partnership by the original agreement dated August 21 , 2007, with an original
5 -year term expiring December 31 , 2012 ; and
WHEREAS , the Recreation Partnership has been an excellent and cost efficient model of
inter-municipal collaboration which enables municipalities to jointly plan, finance, and
share a diverse set of high quality recreation programs ; and
WHEREAS , the Inter-municipal Recreation Partnership agreement by its own terms may
be renewed for an additional five years by appropriate resolutions by each of the
municipi 1 partners on or before December 31 , 2012 ; and
WHEREAS , any municipality may withdraw from the Inter-municipal Recreation
Partnership agreement upon a full calendar year' s notice .
C
Regular Town Board 5
June 12, 2012
Now Therefore Be It RESOLVED , that the Town of Ulysses agrees to renew the August
21 , 2007 Inter-municipal Recreation Partnership agreement for an additional 5 years,
expiring December 31 , 2017 and further
RESOLVED , that a copy of this resolution be sent by the Town Clerk of Ulysses to the
Recreation Partnership Board care of Tompkins County Youth Services Department at
320 W . State/MLK Jr. St, Ithaca, NY 14850, attention Janice Johnson.
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
Revised Retainer with Whiteman Osterman & Hanna LLP
Ms . Marino said that the Town now has a retainer with Whiteman Osterman & Hanna for work
on amicus briefs . A round for the Appellate Court, 3 `d Department is coming up . The Town is
still working under the original retainer, which outlines their fees . Ms . Marino has negotiated
with them to cap the fees and expenses to match the amount donated to the Town for this
purpose . Ms . Marino further explained the new retainer agreement.
Mr. Kerness moved, seconded by Ms . Tyler the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Supervisor
Marino to sign the revised retainer with Whiteman Osterman & Hanna dated
June 11 , 2012 .
Ms. Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
CHANGE TO THE AGENDA
Due to the time and the long discussion coming up on the EMS resolution, Ms. Marino moved,
seconded by Mr. Romer the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses alter the agenda and
table the Planning Board/BZA Attendance and Training Policy and the update on
Hydrilla report under new business .
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
EMS
The Board reviewed the draft resolution that was presented and made changes and corrections .
After a lengthy discussion, Ms . Marino moved, seconded by Mr. Romer the following :
Regular Town Board 6
June 12, 2012
RESOLUTION OUTLINING EMERGENCY MEDICAL SERVICE OPTIONS FOR THE
TOWN OF ULYSSES IN 2013 AND 2014.
WHEREAS the Town of Ulysses has diligently made efforts to work with the Village of
Trumansburg since spring 2010 to find a mutually beneficial solution to provide the best quality
emergency medical services (EMS) while balancing our ethical and financial obligations to
residents within the Town of Ulysses which includes the Village of Trumansburg ; and
WHEREAS in April 2011 , the Village of Trumansburg created the Trumansburg Ambulance
II
Department along with its accompanying policies on billing, charity and fees which the Town of
Ulysses has expressed concerns about and continues to feel are in need of revision in order to
protect uninsured and underinsured EMS service users ; and
WHEREAS after studying multiple options for providing EMS to both Town and Village
residents and the constraints of Town law for contracting with providers, the Town Board of
Ulysses feels it is in the best interest of all residents to work toward a Joint Agreement for
Shared Service for provision of EMS with the Village of Trumansburg for the following reasons :
1 ) Equitable taxation for the same service :
Town and Village residents each pay taxes for the identical EMS service, but Village
residents pay nearly three times what Town residents pay due to the three-fold difference in
the total taxable assessed value of each municipality covering roughly an equivalent number
of annual calls for EMS/ambulance service .
Since the Town of Ulysses includes all residents in both Ulysses and Trumansburg, the Town
Board feels an obligation to fairness to have all citizens (Town AND Village) pay the same
rate for the same service .
IBUDGE:T ,and Taxable Assessed Value (TA- V) Information
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Regular Town Board 17
June 12, 2012
climb in EMS costs . However not all residents are insured and many are under-insured. The
Town Board of Ulysses feels strongly that the very small fraction of the population whose
EMS costs will not be covered by either Medicaid, Medicare, private insurance, or motor
vehicle insurance must be considered and protected from the undue burden of being billed.
This would be accomplished through a compassionate Collection Policy and reasonable Fee
Schedule. The Town of Ulysses can only agree to a shared service agreement with a Town-
wide contract and cost-sharing if the Village ' s current Charity Policy and Fee Structure are
revised to protect the most vulnerable segment of the population.
The Charity Care policy of the Village of Trumansburg is incomplete and less generous than
the local for-profit EMS company as shown in the appendix to this resolution.
3) Fees
Currently the Village fees for EMS are equivalent to those charged by the local for-profit
EMS—this on top of a tax levy . The Town of Ulysses feels a tax-supported EMS should not
assess fees as high as for-profit EMS services while also levying a substantial tax for the same
service . The Town of Ulysses feels the fees set forth in the appendix below for Medicare and
Medicaid are more appropriate for what a municipal service should charge for each type of
emergency service provided .
4) Fiscal responsibility and representation by way of a vote
As the EMS budget stands today, the Town of Ulysses pays the largest share of the EMS
department operating costs but has no vote in the policies, budgeting, or fee schedule. With a
shared service agreement, the Town and the Village can negotiate the terms so that the Town
takes on equal or equitable responsibility for the costs and risks associated with operating an
EMS service and there is a mechanism for both municipalities to have a meaningful and
formal role in setting policies, the budget and fees .
5) Lack of communication
An example : at the joint meeting on May 15 , 2012 , of the Town of Ulysses and the Village of
Trumansburg, the Village stated that the coverage area in the Town of Covert has been
expanded to the entire Town; however the Village did not provide the expected increase in the
number of EMS calls, the distance of the coverage area, how this might affect the EMS
budget in the future, nor whether the current ambulance/staff ratio will be able to handle the
increased call volume, how the service will be affected, or include the projected response
times . Repeated requests to the Village since the 5 / 15 meeting have not resulted in the any of
this basic information being provided.
WHEREAS in order to resolve the discrepancies and move forward towards an agreement that
will sustain the Trumansburg EMS department into the future, a real commitment to negotiations
between the Town of Ulysses and the Village of Trumansburg is needed, meaning regularly
scheduled meetings resulting in evidence of substantive progress . In order to ensure this, the
Town Board of Ulysses feels it important to set milestones to complete negotiations .
THEREFORE, BE IT RESOLVED that the Town of Ulysses is considering only 2 options for
Emergency medical service in 2013 :
1 ) A municipal shared service agreement between the Village of Trumansburg and the Town
of Ulysses with a single Town-wide contract with consistent policies and fees to be ready by
2014 . If there is interest and a willingness on the part of the Village Board to work toward this
end, the Town of Ulysses agrees to extend its current contract for EMS with the Village for
2013 .
Or
Regular Town Board 8
June 12, 2012
2) Having no contract with the Village of Trumansburg for EMS and relying instead on the
closest EMS provider. The ambulance service will not be subsidized by Ulysses tax funds and
billing will then occur on a per use basis ; and
FURTHER RESOLVED that to have faith in serious negotiations toward a shared service
agreement, a subcommittee from the Town of Ulysses Board and the Village of Trumansburg
Trustees will meet on a regular basis (at least monthly) , until October 1 , 2012 to find common
ground and establish the basic agreements of the Fee Schedule, Billing Policy, Collection Policy
and how the Town will have meaningful input into the budgeting and decision-making
processes ; and
FURTHER RES 0 LVED that an intermunicipal shared service requires a variety of complex
negotiations on how to handle issues such as capital equipment and responsibility for personnel
and management of the EMS department. These issues will be need to be resolved during the
2013 calendar year in time for a shared service agreement to be in place by 2014 and the Town
of Ulysses agrees to work diligently with the Village toward this end; and
FURTHER RESOLVED that by October 1 , 2012 the Town Board of Ulysses will assess the
progress made, and if none, will consider that the Village of Trumansburg lacks serious interest
in forming a shared service agreement by 2014 (option # 1 above) and as such, the Town will not
continue to contract with the Village of Trumansburg for ambulance and EMS services in 2013 ;
and
FURTHER RESOLVED that the Town of Ulysses requests a response in writing from the
Village of Trumansburg by July 11 , 2012 of whether they have interest in pursuing a joint shared
service agreement and if so, proposing a plan for meeting to proceed with the process .
APPENDIX
Charity Care Policy Comparison for EMS 2012
S r t Ec # 4 ^W � ; >s40 a s-- ' B AN. d �G a Y° r Qk � * $" r °•�F- i � i t" f i x'
: 2 T B U RG 7.. 67%� 4 " Ea l 4�
n � n
3 a. z '1;)?;; w g u 0; w � ey t : z Z » I r � � t i v "s v x " . ' R . + 4";:i
a x$ �d m �r . 1 x3 -s J � 4 tf;te-4 a. t. eere c .Vbe Y t , 3 $ �: � 4 y w b u� x LK ?€a
2
P
sv� % r gv. " t ti � , a '* F '; . � 8�a � . 3 Y IG 4 as i :c
% FPG * to '
qualify for > 100% FPG Not mentioned
FREE service
% of FPG to
qualify for
100-300% <200%
some assistance
Exclusions Primary residence, retirement
from eligibility savings, college savings, cars Not mentioned
determination used by family
Assets Cannot exceed : Not mentioned. No indication of an appeals
$ 8 ,700 for individual process
$ 17 ,000 for family
Documentation " i . e . copies of tax returns , pay Assurance of no insurance coverage.
required stubs" . Assurance of non-qualification for
government insurance .
Assurance of income and employment status
Regular Town Board 9
June 12, 2012
to judge whether charity care is available.
Who A review committee Not mentioned
determines
need
Other Must apply for financial Limits payment to between 10-30% of total
assistance . household income for low income patients .
Extended payment plan.
Missing Policy doesn't state how much States charity care is not available to patients
assistance will be given, only who are able to pay but doesn't specify what
states a portion will be written this means other than those making over
off 200% of the poverty guideline are eligible .
Policy does not mention high No application mentioned.
deductibles .
Does not state how much of a reduction will
be given .
Policy does not mention high deductibles or
III
high co-pays .
Maximum Household Income for
Service
�a 1t >2 , 3a4r i � � � $ 6
Household = ti i
pc v � � r s i ! i wire ' ‘ is ep .,c t d.yw(,
size' t, e01t, ,!,j;146
, '- „ x nVcsx
3 i d d i Y i }
,. . , e 3 '. x � .-. a ,ms :` '3 .r.p4y`r ? (g, Vimd � £
�� ". 4 '.o $
Bangs - Free 100% of $ 10, 830 $ 14 , 570 $ 18 ,310 $22,050 $25 ,790 $29, 530
service FPG
T-Burg "20`Otl% of 4/ ! E $241;660 $279, 14'01 ' $ 3r6 620f 4$414, 100 $s1 58"0 =$59,96-0,,
n @s k o h ' I 'll ka 't IT"' P,! r ;kl ! ° s . ;0{ !1 . .tG @ask i :0115 a k v a 4e :a I
k 1! 3 k tf tI SG .L ^m,ks .3.._:C ."; S 3 i* 4 . ! i k i . .
'FPG k n: sf $° ,, l� nr !k k * ton i E1gl�lfi i! :9lp �' ft@ 5 fi n { kew r a° .E C ahy14 @I
jai v� '. �, . i !�'t-, . . j :..*`� ! !& i,v.' 45 r1r21
A. . . .. _ c ! k ..lk{ k '�'= _ .;:z l
Bangs - reduced 300% of $ 32 ,490 $43 , 710 $ 54,930 $66 , 150 $77,370 $ 88 ,590
fees FPG
FPG-Federal poverty guideline
EMERGENCY MEDICAL SERVICE FEE COMPARISON (2012)
Medicaid/
i Trumansburg Fee Medicare Bang ' s
Basic life support (BLS) — non $ 500 $255 . 83 $ 536
emergency
BLS - emergency $ 700 $409 . 33 $765
Advanced life support 1 $ 850 $ 307 . 00 $ 970
(ALS)
Regular Town Board 10
June 12, 2012
Non-emergency
ALS 1 $950 $486 .08 $970
Emergency
ALS 2 $ 1050 $703 . 53 $ 1 ,018
Specialty care transport $ 500 $ 831 .44 $ 1 , 125
Paramedic intercept $ 500 $415 . 57 $ 536
ALS assist — no transport $ 850 $401
BLS and ALS mileage per $ 15 $7 . 06 $ 15 . 50
loaded mile
Ms . Marino nay
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness nay
Mr. Romer aye
Adopted
NEW BUSINESS
Resolution to State Requesting Permission to Regulate Docks, Moorings and Boathouses
Ms . Marino moved, seconded by Mr. Kerness the following :
Support for the Town of Ulysses Inclusion in the
New York State Navigation Law
Whereas , the Town of Ulysses Comprehensive Plan (Sept 2009), outlined the need to "preserve
and protect the Town' s natural and environmental resources" and to "apply for legislative
authority under section 46-a of the NYS Navigation Law", and to "enact zoning regulation to
protect the Cayuga Lake waterfront' .
Whereas, the town of Ulysses wishes to utilize its zoning powers to regulate boathouses, lifts,
moorings and docks within its proposed revisited zoning law; and
Whereas , the Town is in the process of amending its zoning law; and
Whereas, the Town of Ulysses wishes to be included in the list of municipalities authorized to
regulate boathouses, lifts , moorings and docks pursuant to Section 46-a of the New York State
Navigation Law.
Now Therefore be it Resolved, the Town Board of the Town of Ulysses requests the inclusion
of "the Town of Ulysses in the County of Tompkins" in Section 46-a of the NYS Navigation
Law to authorize the Town of Ulysses to regulate boathouses, lifts, moorings, and docks
pursuant to that section; and
Be it Further Resolved that this resolution of support be sent to New York State
Assemblywoman Barbara Lifton and New York Senator Thomas O ' Mara for their consideration.
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Regular Town Board 11
June 12, 2012
Mr. Romer aye
Adopted
Attorney Geldenhuys will write a cover letter to Assemblywoman Lifton and Senator O ' Mara
and mail out the certified copies of the foregoing resolution.
Lakeshore and Conservation Zoning
The review of this document was tabled for tonight and a subcommittee will be established with
two Board members, Ms . Kiley, and Planning Board member Rod Hawks to review and report
back to the Town Board.
Hearing no further business, Ms . Marino moved, seconded by Mr. Kerness for adjournment.
Unanimously approved, meeting adjourned at 10 : 15 p .m.
Respectfully submitted,
Marsha L . Georgia
Ulysses Town Clerk
Town of Ulysses
Public Hearing
June 12 , 2012
Present: Supervisor Roxanne Marino ; Councilpersons Elizabeth Thomas and Kevin Romer;
Deputy Supervisor Sue Poelvoorde ; Town Clerk Marsha L . Georgia.
Absent: Councilpersons David Kerness and Lucia Tyler
No public in attendance .
Supervisor Marino called the public hearing to order at 6 : 30 p .m. and explained why a public
hearing was required for the roof replacement expenditure .
Ms . Georgia read the legal as follows :
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Ulysses, Tompkins
County, New York will hold a Public Hearing June 12 , 2012, at 6 : 30 PM at the Town Hall, 10
Elm St. , Trumansburg, NY . The purpose of the meeting is to hear public comment on the
expenditure of $ 15 , 800 for a new roof on the Town Hall expensed from the Building Repair
Reserve Account.
Hearing no comments on the expenditure for a new roof, Ms . Marino closed the public hearing at
6 : 45 pm.
Respectfully submitted,
Marsha L . Georgia
Ulysses Town Clerk
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