HomeMy WebLinkAbout2006 Index of Resolutions.pdfINDEX OF 2006 RESOLUTIONS
Contents
INDEX OF 2006 RESOLUTIONS.................................................................................................................1
ORGANIZATIONAL MEETING JANUARY 5, 2006....................................................................................5
**Resolution#1—
Monthly Meetings...............................................................................................5
**Resolution#2 —Designate
News Media........................................................................................
5
**Resolution#3 —
Mileage Rate $.44.5.............................................................................................6
**Resolution#4—
Highway Superintendent Incur Expenses Not to Exceed $3000 ............................6
**Resolution#5 —
Building/Maintenance Incur Expenses Not to Exceed $1500 ................................6
**Resolution#6 —
Supervisor Annual Report....................................................................................
6
**Resolution#7 —
Official Town Publication.....................................................................................6
**Resolution#8 —Designate
Depositories........................................................................................6
**Resolution#9 —
Investments.........................................................................................................6
**Resolution#10
— Authorizes Supervisor to pay Contracts..............................................................
6
**Resolution#11—
Bonding.............................................................................................................6
**Supervisor's Appointments
..........................................................................................................
7
**Resolution#12
— Appointing Attorney Bruce Wilson.....................................................................
7
**Resolution#13
—Town Board Appointments................................................................................8
**Wags & Salaries 2006...................................................................................................................9
**Resolution#14—Time
Cards.......................................................................................................10
* * Resolution#15
— Adding to Agenda............................................................................................10
**Resolution#16
— ADA — Special Needs........................................................................................10
**Resolution#17
— Department Audit............................................................................................10
**Resolution#18 - Co -Operative Agreements for Highway Services...............................................10
**Resolution#19
— Shared Municipal Services Incentive Grant Program 2005-2006 .......................10
REGULAR TOWN BOARD
MEETING JANUARY 10, 2006.......................................................................11
**Resolution #20-
2005 Budget Modifications..............................................................................11
**Resolution #21-
Ledger Property Clean-Up................................................................................12
**Resolution #22
- 2nd Signature on Town Clerk Checks over $5000 ...............................................12
**Resolution #23
— Multi -Jurisdictional All -Hazards Mitigation Plan...............................................12
**Resolution #24—Appoint
PB Chairman......................................................................................13
**Resolution #25—Appoint
Zoning Board Member—Carl Mann...................................................13
**Resolution #26
— Audit 2005 Sciarabba Walker (Defeated).........................................................13
Special Town Board Meeting January 24, 2006..................................................................................14
**Resolution#27 —
Planning Board Term........................................................................................14
REGULAR TOWN BOARD MEETING FEBRUARY 14, 2006.....................................................................14
**Resolution#28 -
Agreement for The Expenditure Of Highway Moneys -- 2006 ............................14
**Resolution#29 —Work
on Comprehensive Plan..........................................................................14
**Resolution#30—Appointment
to Planning Board.......................................................................15
**Resolution#31—
Revision of Comprehensive Plan......................................................................15
REGULAR TOWN BOARD MEETING MARCH 14, 2006.........................................................................16
**Resolution#32 —
Audit................................................................................................................16
**Resolution#33 —
Plan from Robert Brown...................................................................................16
Joint Town Board/Village
Board Meeting April 3, 2006 —Discussion of Water District #5 — no
Resolutions........................................................................................................................................17
REGULAR TOWN BOARD MEETING APRIL 11, 2006............................................................................17
**Resolution#34—Surplus
equipment 1980 Ford Tractor..............................................................17
**Resolution#35 —
Structure to Review Comprehensive Plan.........................................................17
**Resolution#36
-Audit ...............................................................................................................19
Resolution#37 — Rules
— Privilege of the Floor................................................................................
20
**Resolution#38 —
Hire Facilitator for Discussing Rules..................................................................
20
* *Resolution#39 —Youth
Contract.................................................................................................20
**Resolution#40 —
Design Sprinkler System for Town Barns..........................................................
20
**Resolution#41—
Communicating About Water District#5..........................................................20
SPECIAL TOWN BOARD MEETING April 24, 2006................................................................................20
**No resolutions
— Presentation by Eric Pond on Proposed Water District #5 ................................20
REGULAR TOWN BOARD MEETING MAY 9, 2013................................................................................20
* *Resolution#42 —Authorizing
Purchase of Truck..........................................................................20
**Resolution#43 —
Resolution Subject to Permissive Resolution to Purchase Truck........................20
**Resolution#44—Clerk
for Comprehensive Plan Committee........................................................21
**Resolution#45 -Memorandum Of Agreement To Create The Stormwater Coalition Of Tompkins
County.........................................................................................................................................21
**Resolution#46-The Local Waterfront Revitalization Program....................................................24
SPECIAL TOWN BOARD MEETING MAY 16, 2013................................................................................24
**Resolution#47 — Communication About Water District #5 - removed .........................................
24
SPECIAL TOWN BOARD MEETING MAY 27, 2006................................................................................25
**Resolution#48 - Review And Edit A Draft Informational Document To Be Mailed Out In Advance
Of The Public Information Meeting For Proposed Water District#5...............................................25
REGULAR TOWN BOARD MEETING JUNE 13, 2006.............................................................................
25
**Resolution#49 — Establishing Comprehensive Plan Committee...................................................25
**Resolution#50 — Public Hearing Set for Local Law#1— 2006 "A LOCAL LAW PROVIDING FOR THE
DEFENSE OF ULYSSES OFFICERS AND EMPLOYEES AND CERTAIN VOLUNTEERS ..............................
27
**Resolution#51— Communication of Water District #5................................................................27
**Resolutions #52 — Support to Form Tompkins County Council of Government ............................27
**Resolution #53 — Beautification Grant........................................................................................
27
SPECIAL TOWN BOARD MEETING JUNE 14, 2006 - PUBLIC INFORMATION FORUM WATER DISTRICT #5
—NO RESOLUTIONS............................................................................................................................28
SPECIAL TOWN BOARD MEETING JUNE 26, 2006...............................................................................
28
**Resolution#54 — Audit Bid Acceptance.......................................................................................
28
**Resolution#55 — Public Hearing Allowing West Hill Church in Water District #3 ..........................28
**Resolution#56 — Part II Draft Gatekeeper Resolution..................................................................
28
**Resolution#57 — Hire Bolton Point for Inspection on Back Flows Devices....................................29
Public Hearing July11, 2006 - Local Law # 1— 2006 — A Local Law Providing for the Defense of Ulysses
Officers and Employees and Certain Volunteers.................................................................................
29
REGULAR TOWN BOARD MEETING JULY 12, 2006..............................................................................
29
**Resolution #58 — Retirement Bonus Pay.....................................................................................29
**Resolution#59 — Swapping Town Roads/County Roads...............................................................
29
**Resolution #60 — Approves Grading at the Fairgrounds..............................................................
29
**Resolution #61— Local Law#1— 2006 A LOCAL LAW PROVIDING FOR THE DEFENSE OF ULYSSES
OFFICERS AND EMPLOYEES AND CERTAIN VOLUNTEERS................................................................
29
**Resolution #62 — Public Hearing Annual MS4 Stormwater Report..............................................32
**Resolution#63 —Adding West Hill Church to Water District#3...................................................32
**Resolution #64 — Follow Procedure to Enforce Water District Law on Back Flow Inspection .......
32
**Resolution #65 — Correcting Mr. Meeker's Pay........................................................................... 33
PUBLIC HEARING JULY 24,2006— ANNUAL STORMWATER................................................................33
SPECIAL TOWN BOARD MEETING JULY 24, 2006................................................................................ 33
**Resolution #66 — Authoring Mr. Coogan to Sign MUNICIPAL COMPLIANCE CERTIFICATION (MCC)
FORM............................................................................................................................................ 33
**Resolution #67 — Sign Contract with Sciarabba Walker...............................................................33
**Resolution#68—Appoint Planning Board Member Barbara Bristow...........................................33
**Resolution #69 — Form Joint Committee for Discussion of Water#5...........................................33
**Resolution#70 — Energy Audit....................................................................................................
33
REGULAR TOWN BOARD MEETING AUGUST 8, 2006..........................................................................
34
**Resolution#71- Accept The Following Memorandum Of Understanding With Tompkins County
—
Classificationof Roads...................................................................................................................
34
**Resolution#72 — Transferring Money for Audit...........................................................................
34
**Resolution#73 —Adopting Rules and Procedures........................................................................34
**Resolution#74 - Expending Money For Sidewalk Extension to Fairgrounds................................39
SPECIAL TOWN BOARD MEETING AUGUST 28, 2006..........................................................................
39
**Resolution #75 — Change Date of September Town Board Meeting............................................39
REGULAR TOWN BOARD MEETING SEPTEMBER 11, 2006 —RESCHEDULED NO QUORUM ...................39
REGULAR TOWN BOARD MEETING SEPTEMBER 19, 2006 — No resolutions........................................39
SPECIAL TOWN BOARD MEETING SEPTEMBER 25, 2006.....................................................................40
**Resolution#76 — Recreation Partnership....................................................................................40
**Resolution#77 - Recreation Partnership Support by Tompkins County.......................................40
SPECIAL TOWN BOARD MEETING OCTOBER 4, 2006..........................................................................41
**Resolution#78 — Appointment Of Town Historian.......................................................................
41
REGULAR TOWN BOARD MEETING OCTOBER 10, 2006......................................................................41
**Resolution#79 —Joining Tompkins County Council of Governments...........................................41
**Resolution#80 — Alternate to the Tompkins County Council of Governments .............................41
**Resolution#81— support of a shared services grant to explore hiring a storm water inspector...
41
**Resolution#82 - Letters Of Intent To Support Intermunicipal Grant Application ..........................42
SPECIAL TOWN BOARD MEETING OCTOBER 17, 2006........................................................................42
**Budget Workshop — no resolutions............................................................................................42
SPECIAL TOWN BOARD MEETING OCTOBER 23, 2006........................................................................42
**Resolution#83 - Hiring Town Attorney Mariette Geldenhuys.....................................................42
SPECIAL TOWN BOARD MEETING OCTOBER 26, 2006........................................................................42
**Resolution#84- Contract Survey Research Institute for Comprehensive Plan Survey.................42
SPECIAL TOWN BOARD MEETING OCTOBER 31, 2006........................................................................42
**Resolution#85 - Move 2007 Budget to Preliminary Budget........................................................42
PUBLIC HEARING NOVEMBER 9, 2006 - 2007 Budget........................................................................42
REGULAR TOWN BOARD MEETING NOVENBER 14, 2006....................................................................42
**Resolution #86 - Lead Agency And Appoints Richard Coogan, Deputy Supervisor, As Lead Contact
for Shared Service Grant................................................................................................................42
**Resolution#87 - Agreement with Attorney Mariette Geldenhuys...............................................43
**Resoloution#88 -Adoption of 2007 Budget...............................................................................45
SPECIAL TOWN BOARD MEETING NOVEMBER 27, 2006 - Review of Zoning Law................................45
PUBLIC HEARING DECEMBER 12, 2006 - proposed DEC Model Stormwater Laws...............................45
REGULAR TOWN BOARD MEETING DECEMBER 12, 2006....................................................................45
**Resolution#89 - Funding Brochure "Touring the Towns of Tompkins County"............................45
**Resolution#90-Sign Drug and Alcohol Testing Policy................................................................45
**Resolution #91- Town Wide Mailing Of The Pre -Application Forms for Better Housing Grant .....45
**Resolution#92 - Appoint Chairman of Planning Board - Ken Zeserson.......................................
45
**Resolution#93 - Employee Gift Certificate.................................................................................45
**Resolution#94 - Motion to Approve B & L Scope of Service........................................................
45
**Resolution#95 - To Engage The Services Of Barton & Loguidice To Conduct A Study To Investigate
......................................................................................................................................................
46
ORGANIZATIONAL MEETING JANUARY 5, 2006
**Resolution#1 - Monthly Meetings
BE IT RESOLVED, the Regular Monthly Board meetings of the Ulysses Town Board will be held on the
second Tuesday of each month at 7:30 PM in the Ulysses Town Hall at 10 Elm Street, Trumansburg, NY.
Board review of monthly claims will begin at 7:00 PM prior to each scheduled Regular Board Meeting.
**Resolution#2 - Designate News Media
BE IT FURTHER RESOLVED the designated news media is advised of the foregoing schedule and those
meeting notices are posted, in accordance with the open meeting law, on the clerk's bulletin board.
**Resolution#3 - Mileage Rate $.44.5
BE IT RESOLVED mileage at a rate of 44.5 cents per mile shall be paid to Town Officials and employees
conducting official business and driving their personal vehicles and that such mileage shall be reported
on the appropriate forms provided.
**Resolution#4 - Highway Superintendent Incur Expenses Not to Exceed $3000
BE IT RESOLVED the Highway Superintendent is authorized to incur expenses not to exceed $3000.00 for
repairs and maintenance of highway equipment without prior Board approval.
**Resolution#5 - Building/Maintenance Incur Expenses Not to Exceed $1500
BE IT RESOLVED the Building and Maintenance Chairman be authorized to incur expenses not to exceed
$1500.00 for emergency repairs and maintenance following established procurement policy procedures.
**Resolution#6 - Supervisor Annual Report
BE IT RESOLVED in lieu of the report required by Town Law Section. 29(10), the Supervisor be and
hereby is authorized to submit to the Town Clerk a copy of his annual report to the State Comptroller
and that the Town Clerk shall cause a summary thereof to be published in accordance with the law.
**Resolution#7 - Official Town Publication
BE IT RESOLVED the Ithaca Journal is hereby designated as the official Town publication.
**Resolution#B - Designate Depositories
BE IT RESOLVED the Tompkins County Trust Company is designated as depository in which the
Supervisor, Town Clerk, Justices, and other employees by virtue of their offices, shall deposit all monies
coming into their hands and,
**Resolution#9 - Investments
FURTHER RESOLVED the Town investments can be made at other banks as outlined in the Towns
investment policy.
**Resolution#10 - Authorizes Supervisor to pay Contracts
BE IT RESOLVED the Town Board authorizes the Supervisor to pay in advance of audit of claims for
utilities, postage and contractual agreements which if delayed may result in loss of discounts or the
accrual of service charges.
**Resolution#11 - Bonding
BE IT RESOLVED that the Town Board of the Town of Ulysses proceed with the blanket bond for the
Town of $50,000,
FURTHER RESOLVE that the Town Supervisor be asked to get a quote for a $100,000, $150,000 and
$200,000 alternative bond and quotes for lesser amounts for the Town Clerk/Collector and Supervisor.
FURTHER RESOLVE that a statement relevant to the co-signing of checks that are greater than $5000 be
provided to the Town Board.
**Supervisor's Appointments
Supervisor Appointments
A. Town Historian
Esther Northrup
B. Deputy Supervisor
Dick Coogan
C. Liaison to Highway Dept.
Rod Ferrentino
D. Building Maintenance
Doug Austic
E. TCMOA Planning Com.
Roxanne Marino
F. Liaison to Village Bd.
Don Ellis
G. Personnel Liaison Lucia Tyler
H. Planning Bd. /BZA Liaison Roxanne Marino
I. Fire Department Liaison Don Ellis
J. Bookkeeper Doug Austic
**Resolution#12 - Appointing Attorney Bruce Wilson
BE IT RESOLVED that the Town Board of the Town of Ulysses accepts Mr. Wilson's retainer letter #2 for
$25,000 as stated in that letter as follows:
A base retainer for legal services of $25,000 per year to be paid as before in monthly installments.
The base retainer covers Mr. Wilson's weekly work at the Town Hall for 3 hours per week, to include
appointments, meetings, research on opinions and general advice as requested for legal matters before the
Town. This base retainer also will cover my attendance and advice at Regular Town Board meetings.
Over and above the base retainer, the Town may engage Mr. Wilson for additional legal services and for this
the hourly rate of $150 per hour will be billed monthly. These services would include the following:
• Attendance at meetings for the Planning Board and Zoning Board of Appeals.
• Litigation involving the Town as either Plaintiff or Defendant.
• Zoning Enforcement procedures or actions.
• Special requests such as creation of Water Districts, Special Districts or Zoning changes.
Mr. Wilson will represent the Town Board as a whole and the attorney-client relationship is with the Town
Board. The Town Supervisor will be authorized by the Board to engage Mr. Wilson as to opinions for the
Supervisor or his Deputy and that he also may authorize opinions for the Town Clerk, Judges, Highway
Superintendent and Zoning Enforcement Officer. Mr. Wilson will render these opinions in most cases during
his weekly hours but the work may be more extensive depending on the problem. Mr. Wilson will bill
additional legal services monthly to keep the Board informed of any extra legal work involved.
Opinions for other officers, employees, zoning or planning boards must be cleared either by the Town
Supervisor or Town Board to insure Mr. Wilson is properly representing the Town Board in the matters and
not just individual boards or their members or officers. This approval to be done by the Town Supervisor,
as a practical matter given time delays and constraints of Board meetings, but that the Board be informed
by the Supervisor of any such authorization so it may at the next regular meeting review same and
terminate by appropriate motion any legal work over the base work that they oppose as a Board.
**Resolution#13 - Town Board Appointments
Town Board Appointments
A. Code Enforcement Off icier Alex Rachun
B. Deputy Zoning Officer Mark Hassan
C. Deputy Code Enforcement Village Contract
D. Planning Board Chair Vacant
E. Planning Board Member Vacant
F. Zoning Chair George Tselekis
G. Rep. Human Services Coal Richard Coogan
H. Board of Assessment Review (2) Coogan / Duddleston
I. Cleaning Contract Laurie MacCheyne
J. County Youth Bureau Rep. Ben Curtis
K. Joint Youth Comm. Liaison Roxanne Marino
L. Cayuga Lake Watershed Rep. Richard Coogan
M. Environ. Mngt. Council (EMC) Lucia Tyler
N. TCMOA Planning Rep. Richard Coogan
0. Reps. to Joint Youth Comm. Deb Austic/ M. Vonderweidt
P. Ithaca/Tompkins County Transportation
Council Planning Committee Sue Poelvoorde
Q. Ithaca/Tompkins County Transportation
Council Policy Committee Richard Coogan
R. TC Emergency / Disaster Comm.
Fire Dept. - Jason Fulton
S. TCAD Representative
Vacant
T. Fair Board Liaison
Don Ellis
U. Storm Water Mngt. Rep.
Doug Austic/R. Coogan
V. Disaster Mitigation Rep
Doug Austic/R. Coogan
W. Water Resources Council
Lucia Tyler
X. BZA member
Vacant
**Wags & Salaries 2006
$13.60/ hr.
WAGES AND SALARIES FOR 2006
$17.91/ hr.
ELECTED OFFICIALS:
Town Supervisor
$10927/yr.
Town Council (4)
$3518/ yr. Ea.
Town Clerk/Collector
$41470/ yr.
Highway Superintendent
$48948/ yr.
Town Justice (2)
$13497/yr. Ea.
APPOINTED OFFICIALS AND EMPLOYEES
Deputy Town Clerk
$25000/yr.
Deputy Supervisor
$ 15.91/hr.
Bookkeeper
$17350/yr.
Building Inspector
$18333/yr.
Zoning Officer
$17400/yr.
Deputy Zoning Officer
$13.62/hr.
Justice Clerical
$27540/yr.
Planning/Zoning Clerk
$13.60/ hr.
Deputy Highway Superintendent
$17.91/ hr.
Highway Employees $14-$17.40/ hr.
**Resolution#14 - Time Cards
BE IT RESOLVED all employees shall turn in a time card by the end of the last day of the pay period,
salaried employees shall do the same stating time used for vacation, sick time, holiday or other time off
to maintain accurate records of benefit time used. No pay will be issued without the presence of a time
card.
**Resolution#15 - Adding to Agenda
BE IT RESOLVED any individual wishing to be on the agenda, advise the Supervisor of that intent at least
one week prior to the scheduled meeting.
**Resolution#16 - ADA - Special Needs
BE IT RESOLVED any individual having any special needs and wishing to attend a meeting please advise
the Town Clerk of the special requirements at least one week prior to the meeting. (ADA)
**Resolution#17 - Department Audit
BE IT RESOLVED that the Town Board of the Town of Ulysses will do the Annual Audit of the books for
each department on Tuesday January17, 2006 at 4:00 pm (by law on or before 1/20)
**Resolution#18 - Co -Operative Agreements for Highway Services
WHEREAS, Highway Law #142-d allows co-operative agreements for highway services and sharing of
labor, equipment and supplies; and
WHEREAS, General Municipal Law Article 5-G allows and encourages municipal co -operations, by joint or
contract basis, performance of powers and duties among themselves; and
WHEREAS, it is deemed beneficial to the Town of Ulysses to allow for shared highway agreements of
equipment and services with other nearby municipal highway departments;
NOW THEREFORE BE IT RESOLVED THAT the Ulysses Town Board authorizes the Town Supervisor
pursuant to Highway Law #283 to enter into agreements for shared services and equipment with other
municipalities and authorize, within existing budget constraints, the Town's Highway Superintendent
pursuant to Highway Law #284 to take such action to implement said agreements consistent with Town
highway needs and availability, and maintain sufficient liability coverage to protect the town in such
joint efforts .
**Resolution#19 - Shared Municipal Services Incentive Grant Program 2005-2006
Shared Municipal Services Incentive Grant Program 2005-2006
WHERE AS a resolution is required authorizing Deputy Supervisor Richard Coogan to submit an
application as lead contact person to the Department of State Shared Municipal Services Incentive Grant
(2005-2006 Program Year) for a feasibility study to supply municipal water from the Town of Ulysses to
Taughannock State Park and the Village of Trumansburg. This resolution shall also authorize Supervisor
Douglas Austic to execute all financial and administrative processes for this grant project. and
WHERE AS funds solicited through this program shall be used for the express purposes of finding a
solution for Taughannock State Park which has been mandated by the Tompkins County Department of
Health to secure a new source of potable water (beach well is under the influence of ground water) by
November 2006 and the Village of Trumansburg which is mandated by Tompkins County Department of
Health to secure a second source of potable water, and
WHERE AS the cost for the engineering study and inter -municipal legal agreements is estimated to be
$80,000, the Amount of Grant Requested is $65,000 with the additional $15,000 being committed by
the Town, Village, and State Park, and
WHERE AS Taughannock State Park and the Village of Trumansburg are willing partners for this project,
THEREFORE BE IT RESOLVED that the Town of Ulysses supports this project,
Feasibility Study for Potable Water for Taughannock State Park and the Village of Trumansburg.
REGULAR TOWN BOARD MEETING JANUARY 10, 2006
"Resolution #20 - 2005 Budget Modifications
A1440.4
390.00 A8020.1 999.34
A3620.4
55.23 A9030.8 175.45
A8020.4
700.00
A9060.8
29.56
Totals
$1174.79
Totals
$1174.79
Highway DA
DA5120.4
8814.40
DA5130.4
11336.30
DA5130.4
3991.60
DA5130.1
4668.22
DA5140.1
1694.16
DA5120.1
110.92
DA9040.8
3838.38
DA9030.8
1460.88
DA9055.8
4.88
DA5142.4
564.57
DA9060.8
1598.29
DA5148.4
564.54
DA5148.1
1236.28
Totals $19941.71 Totals $19941.71
Highway DB
DB9030.8 121.84 DB9055.8 28.88
D139040.8 894.28 DB5110.1 1059.78
DB9060.8 1598.29 DB5110.4 1525.75
Totals $ 2614.44 2614.44
Water District #3
SW8310.0 299.60 SW8310.4 7833.38
S W 8340.2 4171.49
SW8340.4 3362.29
Totals $7833.38 $7833.38
"Resolution #21 - Ledger Property Clean -Up
BE IT RESOLVED that the Town Board of the Town of Ulysses request that the staff in the Town look into
getting a cost estimate on cleaning up the Ledger property and also to look into some creative options
that may be available for ways to help get service groups or organizations to help with the removal and
clean up.
FURTHER RESOLVE that the staff report back to the Town Board in a month.
"Resolution #22 - 2nd Signature on Town Clerk Checks over $5000
BE IT RESOLVED that the Town Board of the Town of Ulysses rescind the resolution of January 5, 2006
and remove the request to have a second signature on the Town Clerk's checks written for over $5000.
"Resolution #23 — Multi -Jurisdictional All -Hazards Mitigation Plan
WHEREAS, Tompkins County and the municipalities therein have identified a history of damages
resulting from flooding, severe storms, winter storms, and other weather-related phenomena, and have
recognized the potential for future damages resulting from natural, human -caused, and technological
disasters, and
WHEREAS, an all -hazards mitigation plan can provide recommendations to help prevent and minimize
the damages resulting from such events, and
WHEREAS, the adoption of an all -hazards mitigation plan is required to be eligible to receive State and
Federal funding for hazard mitigation initiatives, and
WHEREAS, the County of Tompkins and the towns of Caroline, Danby, Enfield, Groton, Ithaca, Lansing,
and Ulysses (Partners) executed a Memorandum of Understanding in 2003 to develop a Multi-
Jurisdictional All-Hazards Mitigation Plan (Plan), and
WHEREAS, the Plan has been drafted in accordance with the requirements of the New York State
Emergency Management Office (SEMO), Federal Emergency Management Agency (FEMA), and Disaster
Mitigation Act of2000, and
WHEREAS, the Plan includes jurisdiction-specific recommendations to minimize the damages associated
with natural, human-caused, and technological disasters, and
WHEREAS, the Plan has been made available for public review online at the Tompkins County Planning
Department Hazard Mitigation web site and by placement in municipal
offices, the Tompkins County Planning office, and the Tompkins County Public Library, with notices
published in the Ithaca Journal, the local paper of record, inviting public comment, and
WHEREAS, public meetings were hosted by the Partners throughout the development of the Plan to
discuss the contents of the Plan with members of the public, and
WHEREAS, comments from the public and Partners have been incorporated into the Plan, and
WHEREAS, the Plan is wholly supported by its reviewers, and
WHEREAS, the Town of Ulysses has reviewed the Plan and affirms that the Plan will be updated no less
than every five years; now therefore be it
RESOLVED, by the Town Board, that the Town of Ulysses adopts the Tompkins County Multi-
Jurisdictional All-Hazards Mitigation Plan as its all-hazards mitigation plan, and resolves to execute the
actions in the Plan.
"Resolution #24 — Appoint PB Chairman
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Margot Chiuten as the Chairman to
the Town of Ulysses Planning Board.
"Resolution #25 — Appoint Zoning Board Member — Carl Mann
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Carl Mann to the Town of Ulysses
Zoning Board of Appeals for a five year term that will expire December 31, 2010.
"Resolution #26 — Audit 2005 Sciarabba Walker (Defeated)
Sciarabba Walker is engaged to perform an audit this year including financial statements and
expanded procedures testing in order to complete the process for 2005. As a part of this
motion Ms. Tyler asked that a formal quotation of cost of the audit to be obtained by either the
Supervisor or Deputy Supervisor in order to plan for the expense.
Special Town Board Meeting January 24, 2006
**Resolution#27 - Planning Board Term
BE IT RESOLVED that the Town Board of the Town of Ulysses will stay with what the Town has currently
for the Planning Board with the seven year term and the seven member board.
REGULAR TOWN BOARD MEETING FEBRUARY 14, 2006
**Resolution#28 - Agreement for The Expenditure Of Highway Moneys -- 2006
AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS -- 2006
AGREEMENT between the Town Highway Superintendents of the Town of Ulysses-,
Tompkins County, New York, and the undersigned members of the Town Board.
Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and
collected in the Town for the repair and improvement of highways, and received from the State for State
Aid for the repair and the improvement of highways, shall be expended as follows:
1. GENERAL REPAIRS. The sum of $ 50,000 shall be set aside to be expended for primary work and
general repairs upon 36 miles of town highways, including sluices, culverts and bridges having a span of
less than five feet and board walks or the renewals thereof.
2. PERMANENT IMPROVEMENTS. The following sums shall be set aside to be expended for the
permanent improvement of town highways: VAN DORNS CORNER ROAD
(a) On the road commencing at PERRY CITY ROAD and leading to IRADELL ROAD a distance of 97 miles,
there shall be expended not over the sum of $108,000
Type 6 hot mix pavement -width of traveled surface 18 ft. -Thickness Vshim (in middle) Sub base ok.
11/2 top coverage type b top (edges will take more)
Mr. Meeker explained the agreement.
Mr. Ellis moved, seconded by Ms. Tyler the following:
BE IT RESOLVED that the Town Board of the Town of Ulysses agrees to execute the foregoing
"Agreement for the Expenditure of Highway Money- 2006" submitted by James Meeker, Highway
Superintendent.
**Resolution#29 - Work on Comprehensive Plan
Whereas the Town's Comprehensive Plan contains a commitment for review and
renewal of the Plan at five years after enactment, and
Whereas the intention to advance the Comprehensive planning within this new year
was frequently visited and generally endorsed by the Town Board during 2005, and
Whereas there is strong support in the community for simultaneous
comprehensive planning by the Town of Ulysses and the Village of Trumansburg, and
Whereas the planning in the Village is already in progress, and
Whereas the Town's current budget already provides for such planning, and
Be it resolved that the Town launch the following actions immediately, in no case
failing to substantially complete the initiating actions by mid-March:
A. Engagement of a professional planning facilitator to guide the Comprehensive
Planning in the tasks below until such time as Tompkins County Planning Department
can assign a planner.
B. Formation of a planning committee to include representation from this Board,
representation from the Planning Board, representation from the Board of Zoning
Appeals, representation from the Village Trustees, representation from the Village's
Comprehensive Planning Committee, representation from among business
interests in the Town, representation from among business interests in the Village,
representation from among agricultural interests in the town, and any additional
members as seen fit by the first -seated members of the Committee.
The Committee and the Facilitator shall be charged with completion of the survey and
information gathering functions of the planning including no fewer than three
gatherings to bring the interested public into the process, and distribution and
analysis of an opinion survey, with the general intention to be in a position at year's
end to engage a planner from the County Planning Department, hopefully the same
Planner now performing similar services for the Village.
**Resolution#30 - Appointment to Planning Board
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Rebecca Schneider for a term of
seven years and Ken Zeserson for a term of one year to the Ulysses Planning Board.
**Resolution#31 - Revision of Comprehensive Plan
Whereas the Town Board is overdue with the recommended 5 year review and revision of the
Town of Ulysses Comprehensive Plan,
And whereas part of such review should be the consideration of the appropriate
development of new water districts, with due consideration of both the positive and
negative aspects,
And whereas the Town Board commissioned an engineering study of alternatives for water
district development that could address several areas of concern or need in the Town of Ulysses
in February 2005,
And the Town Board has not yet been presented with a report of feasible alternatives from said
study,
And whereas implementation of the next steps of the Engineering Report for Water District
No.S, presented to the Town in December 2005 by Barton & Loguidice, P C. will require
significant appropriation of Town funds, estimated at $65,000,
And whereas there is a clear and growing need for focused planning in the areas of the Town -
Village interface, in cooperation with the recently begun comprehensive planning process in the
Village of Trumansburg,
The Town Board hereby resolves that presentation of the December 2005 Engineering Report
for District No.5 to the Tompkins County Health Dept., and implementation of the additional
steps recommended in such report will not proceed until:
a.) the Town Board is presented with a series of alternatives for water
district development and associated rationale for these alternatives,
b.) the Town Board can engage the public and other stakeholders such as
New York State Parks and the Village of Trumansburg in additional
discussions on the draft water district plan and various alternate
engineering and cost options, and
c.) the Town forms a Comprehensive Plan review committee and engages
in a town- wide review of the 1999 Town of Ulysses Comprehensive Plan, and said Committee
issues preliminary recommendations on new water district development, if any, as part of such
Plan.
Be it also resolved that the Town recognizes the need for water source improvement for
Taughannock Falls State Park in order to comply with Tompkins County Health Department
directives and that connection to a municipal water system is one option for such
compliance,
And therefore, the above steps (a - c) will be taken by the Town as expediently as
possible, with a target date of December 15, 2006.
REGULAR TOWN BOARD MEETING MARCH 14, 2006
**Resolution#32 - Audit
An accounting firm either Sciarabba Walker or Ciaschi, Dietershagen depending on the quotes received,
be engaged to perform an "Opinion Audit" of the Town of Ulysses books for 2005 including the capital
accounts beginning in May of 2006.
**Resolution#33 - Plan from Robert Brown
Mr. Ferrentino moved, seconded by Mr. Austic to allow Mr. Robert Brown to present his proposal to the
employees of the Town of Ulysses.
Joint Town Board/Village Board Meeting April 3, 2006 -Discussion of Water
District #5 - no Resolutions
REGULAR TOWN BOARD MEETING APRIL 11, 2006
**Resolution#34 - Surplus equipment 1980 Ford Tractor
BE IT RESOLVED that the Town Board of the Town of Ulysses declare the 1980 #540 Ford Tractor as
surplus equipment and allow Mr. Meeker to take it to auction in Palmyra.
**Resolution#35 - Structure to Review Comprehensive Plan
BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the following proposed Structure:
A Core Committee will be established initially by the Town Board from a pool of highly motivated
volunteer citizens selected to represent a broad range of interests and personal and professional
experience beneficial to the planning review process. The charge of the Core Committee is to update the
current Town of Ulysses Comprehensive Land Use Plan, adopted in 1999, to reflect changes in directions
and trends impacting the community now and anticipated over the next 5 -10 years.
Working with the Town Planning Board, the Core Committee shall define the goals of primary
importance to the Town for consideration in revision of the Plan, using information on past and current
land use in the Town, input from public meetings and workshops, and a town -wide survey to help define
the land use issues of most concern to the citizens of the Town.
The Core Committee shall set its own rules of operation and add members as needed. Upon
recommendation of the Core Committee, the Town of Ulysses will contract with a professional planner
and for administrative or clerical assistance as needed and as allowed for in the Town budget. These
professionals will be supervised by the Chair or Co -Chairs of the Core Committee. Additionally, the Core
Committee will have a budget for contractual and incidental expenses of ($500?) for 2006.
In order to involve as many citizens as possible, the Core Committee will set up working groups on focal
topics of primary importance to the review. The working groups will research and gather information
and recommendations on specific focal areas of land use interest as defined by the Core Committee. The
working groups will draw on citizens from all aspects of the Town, through public postings and notices in
the newspapers. The following topics are suggested, based on issues identified during the recent
revision of the Town of Ulysses Zoning Law (passed August 2005) and a public organizational meeting on
March 23, 2006 for this Comprehensive Plan review:
Transportation - Road corridors, nodes
View sheds natural areas (current County initiative to tap into)
Development -What are the right types of development for Ulysses? Businesses to attract and promote
Housing - Affordable; options for the aging and retirement; cluster development
Agriculture - traditional, non-traditional; areas for preservation or growth
Tax issues - base growth while preserving character of the town and aspects of value;
relationship to school district
Infrastructure - water, other
Intermunicipal cooperation -Town and Village planning goals; balancing open space
preservation with development needs
Proposed Initial Core Committee (10 members):
Name Residence
interest / expertise/ experience
Sue Poelvoorde T
member of 1999 committee;
Environmental planner; housing issues
Jennifer Wapinski-Mooradian V
younger families; low impact
Business, school/children's issues
Dick Coogan T
Hamlet; knowledge of County
Resources and ties; water
Infrastructure experience
Darien Simon T
professional planner; member of
Town Planning Board
Debbie Watkins V
Tax issues; business growth
Liz Thomas T Agriculture background; storm water
Committee; has time to devote;
Intermunicioal cooperation
David Tyler T member of 1999 committee; long
Term experience on Town Planning
Board; attorney with municipal
Robert Brown V experience on Village Planning
Board; development issues; long term
Resident of the Village; Intermunicipal
Bob Weatherby T Town Board member during
1999 Plan; traditional Agriculture;
Large landowner
Heather Filiberto V professional planner; housing;
Development; Intermunicipal
ration
Proposed liaisons to the Core Committee:
BZA - Andy Glasner (suggested, not contacted); Town zoning and planning -Alex Rachun (member of
1999 committee); Town Board - Roxanne Marino; Village Planning Board / Comprehensive Planning
Committee — TBD
List of Interested Citizens (potential focus group participants):
Attended the March 23, 2006 meeting or have contacted the Town Board (RM as contact listed) with
interest in participating (not including those listed above)
Doug Austic (Town Board)
Don Ellis (Town Board, Village comprehensive plan)
Lysle Gordon
Barry Hayes
Virginia & Bill Luce
Joanne Molino
Heather Ness
Charles Schlough
Rebecca Schneider (Town PB)
Lee Scott
Scott Sherwood
Fred VanDerzee
Han VanLeer
John Wertis (Town PB)
John Wertis Jr.
"Resolution#36 - Audit
BE IT RESOLVED that the Town Board of the Town of Ulysses, according to Ms. Tyler's guidelines of the
opinion audit and the capital funds put out an RFP in the normal ways it is advertised, and have the bids
back to the Town Board by May 30`", 2006 and open the bids at the June 2006 Regular Town Board
meeting and make the choice of which firm does the audit.
Resolution#37 - Rules - Privilege of the Floor
Mr. Ellis moved, seconded by Ms. Marino to adopt #1 from the rules submitted by Mr. Dennis as
previously entered into the minutes which reads; 1 . Offer privilege of the floor to
public near the beginning of a meeting, 3-5 minute limit (you probably do
this now).
**Resolution#38 - Hire Facilitator for Discussing Rules
BE IT RESOLVED that the Town Board of the Town of Ulysses schedule a meeting with the professional
facilitator, Susan Motheral, and
Further Resolved that all the Board members put their information together and have them help
the Board through everyone's issues and come out with some kind of agreement on rules and a
better way for the meetings to function.
**Resolution#39 - Youth Contract
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Austic to sign the
contract with Tompkins County Youth Bureau.
**Resolution#40 - Design Sprinkler System for Town Barns
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize a design for a sprinkler system for
the Town Highway Barn.
**Resolution#41 - Communicating About Water District #5
BE IT RESOLVED effective immediately, that the Town Supervisor and his agents will only communicate
in writing, including but not limited to e-mail or fax, concerning the proposed Water District #5 on
behalf of the Town to individuals, firms, agencies or other entities external to Ulysses Town
government upon approval of a majority of the members of the Town Board in office as of January 2006,
given at a regular or special meeting of that board.
SPECIAL TOWN BOARD MEETING April 24, 2006
**No resolutions - Presentation by Eric Pond on Proposed Water District #5
REGULAR TOWN BOARD MEETING MAY 9, 2013
**Resolution#42 - Authorizing Purchase of Truck
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Highway Superintendent James
Meeker to order this truck as specked on State Contract Number PC62176, in the amount of
$136,514.80.
**Resolution#43 - Resolution Subject to Permissive Resolution to Purchase Truck
BE IT RESOLVED that the Town Board of the Town of Ulysses adopts this resolution subject to a
permissive referendum to withdraw $136,514.80 from the Highway Equipment Reserve Fund.
**Resolution#44 - Clerk for Comprehensive Plan Committee
BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes to set aside $2000 for
administration/clerical help for the Core Committee Comprehensive Plan through December 31, 2006
and
FURTHER RESOLVED that the Town Board appoint Robin Peck and Karin Lanning to share the
responsibilities at the current rate of Planning/Zoning Clerk and
FURTHER Resolve that Ms. Marino is to serve as the immediate supervisor of this position.
**Resolution#45 - Memorandum Of Agreement To Create The Stormwater Coalition Of
Tompkins County"
WHEREAS, the United States (U.S.) Environmental Protection Agency (EPA) promulgated the Phase II
storm water regulations (regulations) in 2003 that require owners and operators of small Municipal
Separate Storm Sewer Systems (MS4s) in urbanized areas to obtain a permit to discharge stormwater to
the waters of the U.S.; and
WHEREAS, the EPA requires MS4s in New York State to obtain permit coverage under the New York
State Pollution Discharge and Elimination Systems (SPDES) General Permit for Stormwater Discharges
from MS4s (GP -02-02); and
WHEREAS, to maintain coverage under GP -02-02, regulated MS4s must prepare and implement a
stormwater management program that includes the six minimum control measures as described in GP -
02 -02; and
WHEREAS, the MS4s receiving GP -02-02 coverage have been meeting since October 2003 to identify
common elements and collaborate on the implementation of their stormwater management plans, and
WHEREAS, by working collaboratively and cooperatively to meet the requirements of GP -02- 02, MS4s
can make more efficient use of resources allocated to meet the requirements of GP -02- 02; and
WHEREAS, this Memorandum of Agreement (Agreement), among the regulated MS4s will create the
Storm water Coalition of Tompkins County (Coalition); and
WHEREAS, the members of the Coalition will work collectively to meet the requirements of the U.S. EPA
Phase II stormwater regulations (40 C.F R. Sections 9, 122, 123, and 124) and the New York State
Department of Environmental Conservation's (NYSDEC) SPDES General Permit for Stormwater
Discharges from MS4s (GP -02-02), and any amendments thereto; and
NOW, THEREFORE BE IT RESOLVED that in consideration of the mutual covenants and agreements
hereinafter set forth, members of the Coalition agree as follows:
1. TERM. The term of this agreement shall commence on the date of signature and terminate on March
31, 2008, so as to coincide with the terms of GP -02-02, unless otherwise extended, renewed, or revised.
2. PURPOSE. The purpose of the Coalition is to:
A. Exchange information and foster cooperation among MS4s to assist MS4s in compliance with the EPA
Phase II stormwater regulations;
B. Facilitate the use of resources to assist MS4s in meeting the requirements of the U.S. EPA Phase II
stormwater regulations and the permit conditions of GP -02-02 issued by the NYSDEC;
C. Identify funding mechanisms to meet the financial needs resulting from compliance with the Phase II
Stormwater regulations and GP -02-02;
D. Protect and/or improve local water quality in accordance with State, County, and local water quality
regulations, planning documents and policies; and,
E. Facilitate consistency of stormwater management and regulations across municipal boundaries.
3. MEMBERSHIP
A. Each regulated MS4 shall designate a representative and one or more alternates to serve on the
Coalition. These representatives will constitute the Coalition members and will be responsible for acting
on behalf of their respective MS4s on matters such as facilitating the payment of the annual
membership fee, making decisions about financial matters related to the activities of the Coalition, and
other administrative matters.
B. The Coalition may admit non -permitted MS4s and municipalities as members at the discretion of the
Coalition so long as these members agree to undertake all rights and responsibilities included in this
Agreement and further conditioned upon payment of the full annual membership fee for that calendar
year.
C. The Coalition may also approve ex officio representatives of agencies that provide technical or
advisory assistance to the MS4s in meeting these regulations...
D. The Coalition shall adopt by-laws relating to the conduct of its proceedings and such other
administrative matters as it may deem appropriate.
4. FINANCIAL OBLIGATION
A. Each permitted MS4 Coalition member shall pay an annual membership fee, which will be used to
help fulfill the requirements of GP -02-02. The initial fee schedule is detailed in the "Proposal to Fund the
Tompkins County Stormwater Working Group in 2006 (approved by the Stormwater Working Group on
August 24, 2005)". Future fee schedules shall be established by the Coalition and detailed in by-laws for
the Coalition.
B. The Coalition shall submit an invoice for the fee to each Coalition member annually.
C. The Coalition shall designate and authorize a qualified entity to, hold and manage separate accounts
on behalf of the Coalition, where the annual fees and other funds shall be deposited. These accounts
shall be created explicitly for the use of the Coalition. Such designation shall be reviewed and re-
authorized on an annual basis.
D. The Coalition shall not incur any financial obligations in excess of the funds available to the Coalition.
E. Any Coalition member may withdraw from this Agreement upon adoption of resolution by their
legislative body and upon 60 days written notice to the full membership of the Coalition.
5. TERMS AND CONDITIONS
A. This Agreement may be modified or amended only in writing and duly executed by all Coalition
members.
B. Each Coalition member shall be solely responsible and liable for its own activities under this
Agreement, for obtaining its permit coverage under the SPDES General Permit for Stormwater
Discharges from MS4s (GP -02-02), and for the preparation, implementation, operation and
maintenance of its own stormwater management program including, but not limited to, the required
minimum control measures.
6. MISCELLANEOUS
A. This Agreement constitutes the entire Agreement among and between the Coalition members and
supersedes any and all prior Agreements between the parties hereto for the services herein to be
provided. The Agreement shall be governed by and construed in accordance with the laws of New York
State without regard or reference to its conflict of laws and principles.
B. If any provision, paragraph, sentence, or clause of this agreement shall, for any reason, be held to be
invalid or unenforceable, the invalidity or unenforceability of such shall not affect the remainder of this
Agreement and this Agreement shall be construed and enforced, consistent with its expressed purposes,
as if such invalid and unenforceable provision, paragraph, sentence, or clause had not been contained
herein.
C. If any member withdraws from the agreement pursuant to Section 4 above, the Agreement remains
binding for remaining members.
D. Each Coalition member represents and warrants to the Coalition, and to the other Coalition
members, that it has been fully authorized to execute and to perform this Agreement, and that its
execution and performance of this Agreement will not violate any legal duty or restriction.
7. EXECUTION
IN WITNESS WHEREOF, this Agreement is signed by the duly authorized representatives of the regulated
MS4s on the date written below.
Tompkins County Town of Dryden Town of Lansing Town of Caroline
Name: Title: Name: Title: Name: Title: Name: Title:
Signature: Signature: Signature: Signature:
Date: Date: Date: Date:
Town of Ithaca Town of Newfield Town of Ulysses
Name: Title: Name: Title: Name: Title:
Signature: Signature: Signature:
Date: Date: Date:
Village of Cayuga Heights City of Ithaca Village of Lansing
Name: Title: Name: Title: Name: Title:
Signature: Signature: Signature:
Date: Date: Date:
**Resolution#46 - The Local Waterfront Revitalization Program
WHEREAS, the Village of Lansing, in conjunction with the Village of Cayuga Heights, the Towns of Ithaca,
Lansing, and Ulysses, and the City of Ithaca, initiated preparation of a Local Waterfront Revitalization
Program in cooperation with the New York State Department of State, pursuant to Article 42 of the
Executive Law; and
WHEREAS, a draft Local Waterfront Revitalization Program was prepared and subsequently accepted by
all the partner municipalities; and
WHEREAS, the Town of Lansing Planning Board has, for the purposes of compliance with the State
Environmental Quality Review Act, been lead agency for the environmental review of this project; and
WHEREAS, the Town of Lansing Planning Board determined that the Local Waterfront Revitalization
Program: Cayuga Lake Waterfront Plan (December, 2004) will not have a significant adverse effect on
the environment, and
WHEREAS, the Town of Lansing Planning Board made a negative declaration of environmental
significance in regard to adoption of the Local Waterfront Revitalization Program: Cayuga Lake
Waterfront Plan (December, 2004), now, therefore, be it
RESOLVED, on the recommendation of the Village of Lansing Planning Board, that the Local Waterfront
Revitalization Program: Cayuga Lake Waterfront Plan (December, 2004) is hereby adopted.
SPECIAL TOWN BOARD MEETING MAY 16, 2013
**Resolution#47 - Communication About Water District #5 - removed
The resolution related to communication of the Town Supervisor or his agents passed on 4/11/06 was
intended to include the Board by vote on any communication by the Supervisor or his agents that would
indicate commitment of the Town, application by the Town or authorization by the Town to third parties
concerning Water District #5.
Be It Resolved that the scope of the Supervisor's and the Town Board members' communications should
in all respects conform to the law and the 4/11/06 resolution should be construed as consistent with the
law. It is hereby resolved that the above clarification be made part of the 4/11/06 resolution for the
record.
Don Ellis seconded and discussion ensued.
Doug Austic moved to take action on the resolution off the table.
Rod Ferrentino seconded.
SPECIAL TOWN BOARD MEETING MAY 27, 2006
**Resolution#48 - Review And Edit A Draft Informational Document To Be Mailed Out In
Advance Of The Public Information Meeting For Proposed Water District #5.
Councilperson Marino made a motion to accept the Informational document as edited tonight and to
direct mailing of said document to all Town residents upon verification that the changes requested
tonight have been made. Councilperson Ellis seconded.
REGULAR TOWN BOARD MEETING JUNE 13, 2006
**Resolution#49 - Establishing Comprehensive Plan Committee
BE IT RESOLVED that the Town of Ulysses hereby establishes a special board, called the
Comprehensive Plan Committee (hereafter referred to as the Committee), to review and propose
amendments to the 1999 Town of Ulysses Comprehensive Plan, as it deems appropriate and in
accordance with the detail set forth in Town Law section 272-a.
(a) Committee Membership.
The Committee shall consist of 12 voting members, appointed by the Town Board. At least one member
shall be a member of the Town of Ulysses Planning Board. The Committee will elect its chair and set its
own rules of procedure and goals. The Committee may invite citizens to participate at the sub-
committee level as necessary.
A quorum shall consist of forty (40) percent of the Committee membership (5 people).
The Town Board hereby appoints the following residents of the Town of Ulysses to the Committee: Sue
Poelvoorde, Jennifer Wapinski-Mooradian, Darien Simon, Debra Watkins, David Tyler, Robert Brown,
Robert Weatherby, Liz Thomas, Heather Filiberto, Sue Ritter, John Wertis, and David Kerness.
The term of office for Committee appointees shall be three (3) years from the date of this
resolution (June 13, 2006), or the date of adoption by resolution of the Town Board of any
recommended amendment to the Town of Ulysses Comprehensive Plan, whichever is sooner.
In the event that one or more of the aforementioned Committee appointees is unable to continue
serving on the Committee, the vacancy will be filled as soon as possible by the Town Board, upon the
recommendation from the Committee.
The Town Board hereby appoints Roxanne Marino as the Town Board liaison to the Committee,
to report to the Board as needed, and Deputy Supervisor Richard Coogan and Zoning and
Code Enforcement Officer Alex Rachun as Town of Ulysses staff liaisons to the Committee.
(b) Timelines for action.
The Committee shall report orally or in writing to the Town Board on a quarterly basis.
The Committee shall present in writing an advanced draft of its recommendations, including any
proposed amendment to the 1999 Town of Ulysses Comprehensive Plan, to the Town Board for review
by June 1, 2008. The Town Board shall refer the Committee recommendations to the Town of Ulysses
Planning Board for review and recommendation before action by the Town Board. The target date for
completion of all reviews and adoption of any recommendations or amendment to the Town of Ulysses
Comprehensive Plan is December 30, 2008.
Details of Committee membership, operation, and timelines of action given in this resolution supersede
such specifications in any preceding Town Board resolutions referring to creation of a Comprehensive
Plan Committee.
BE IT FURTHER RESOLVED that the Town Board reaffirms its previous resolution (May 09, 2006)
appropriating funds for the FY 2006 for administrative & clerical assistance; continuation of this
funding will be considered in the 2007 budget. The Town Board also reaffirms the commitment in its
April 11, 2006 resolution establishing a general strategy for review of the Town of Ulysses
Comprehensive Plan to engage a professional planner or other assistance as the Committee deems
necessary, and hereby authorizes the Committee to hire, subject to appropriation by the Town Board,
professional planning or other technical assistance and,
BE IT FURTHER RESOLVED that the Committee shall consider the following focus topics, as
specified in the April 11, 2006 Town Board resolution, as well as any other topics the Committee deems
important, in accordance with Town Law section 272-a (2) and (3): Transportation and Road Corridors,
View sheds, Natural Areas and Open Space Preservation, Economic Development and Tax Base, Housing,
Agriculture, Intermunicipal Cooperation, Infrastructure Development. In accordance with the February
14, 2006 Town Board Resolution regarding actions on the proposed Water District #5, the Town Board
requests that the Committee consider water infrastructure development as early in their review process
as possible.
**Resolution#50 - Public Hearing Set for Local Law#1- 2006 "A Local Law Providing For The
Defense Of Ulysses Officers And Employees And Certain Volunteers"
BE IT RESOLVED that the Town Board of the Town of Ulysses schedules a Public Hearing to be held on
July 11`", 2006 at 7:15 PM prior to the Regular Town Board meeting on the purposed Local Law #12006.
**Resolution#51- Communication of Water District #5
Whereas the Ulysses Town Board passed a resolution on April 11, 2006 stating that the Town
Supervisor and his agents will only communicate in writing concerning the proposed Water District #5
on behalf of the Town, upon approval of a majority of the members of the Ulysses Town Board,
And whereas it has been recommended by the Attorney for the Town (Bruce Wilson) in his opinion
dated May 9, 2006 that said resolution be revised to make the intent clear relative to free speech issues
and Board authority,
Be it resolved that the intent of said April 11, 2006 resolution was as follows:
The Town Board acknowledges and respects the Constitutional right of all citizens to free speech; the
resolution was in no way intended to restrain this right for the Supervisor or any other Town official.
The resolution does not pertain to communication as an individual, but only to the authority to speak in
writing on behalf of the Town of Ulysses. It was not intended to impede the ability of the Supervisor to
perform basic duties as designated under Town Law, but to ensure that the Town Board, as the
Executive body, be kept fully engaged in the decision-making process regarding the proposed Water
District #5 project.
**Resolutions #52 - Support to Form Tompkins County Council of Government
BE IT RESOLVED that the Town Board of the Town of Ulysses supports the design criteria of the
Tompkins County Council of Government.
**Resolution #53 - Beautification Grant
Whereas: The Tompkins County Board of Legislators has awarded each town in the county a
beautification grant of $5000.00 each, and
Whereas: Several of the project suggestions in the grant proposal are in the village, the proposal would
split the grant equally between the Village of Trumansburg and the Town of Ulysses, each municipality
receiving a matching grant of $2500.00, and
Whereas: At the regular village board meeting of June 12, 2006 the village board accepted their share of
the grant responsibility, and
Whereas: This is an opportunity for the Town of Ulysses to take advantage of monies generated
through the room taxes of local tax paying businesses to make an effort to enhance the town's tourist
appeal,
Now therefore it be resolved that: The Town of Ulysses Town Board resolves to accept the community
beautification grant as offered by the Tompkins County Board of Legislators, and
Be it further resolved: That funds shall be appropriated in the amount of $2500.00 in cash or in kind
labor to cover the matching portion of the grant and our share of promotional brochures provided for
town and village use.
SPECIAL TOWN BOARD MEETING JUNE 14, 2006 - PUBLIC INFORMATION
FORUM WATER DISTRICT #5 -NO RESOLUTIONS
SPECIAL TOWN BOARD MEETING JUNE 26, 2006
**Resolution#54 - Audit Bid Acceptance
BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the lowest bid from Sciarabba
Walker & Co., LLP in the amount of $10,000 for a full opinion audit not including GASB 34.
FURTHER RESOLVED that the audit be completed and presented to the Town Board of the Town of
Ulysses on or before October 10, 2006.
**Resolution#55 - Public Hearing Allowing West Hill Church in Water District #3
BE IT RESOLVED that the Town Board of the Town of Ulysses set a public hearing for July 11, 2006 at
7:00 PM for the purpose of hearing public comments on including West Hill Church at 3049 VanDorns
Corners Road, Tax Parcel #34-1-27 in Water District #3.
**Resolution#56 - Part II Draft Gatekeeper Resolution
WHEREAS the Town Board is the Executive body charged with speaking and acting on behalf of the Town
(Town Law Section 64), unless such powers are specifically delegated by resolution to the Supervisor, as
per Town Law Section 29(16), or to another individual,
BE IT RESOLVED that effective immediately it is required policy in the Town of Ulysses that any
application (full or partial, new or revised) for grant funding or financing, or request for evaluation of
funding potential, or any request for review or approval of any project proposed by the Town of Ulysses
to any government agency or other entity external to Ulysses Town government be approved by the
Town Board before it is submitted to the appropriate agency.
IT IS ALSO HEREBY the policy of the Town of Ulysses that a copy of this resolution will be provided to
any engineering or other consulting firm engaged by the Town, at the time a contract is signed.
THIS RESOLUTION hereby supersedes all previous Town Board resolutions which may be interpreted as
giving the Supervisor, any other member of the Town Board, or any professional contracted with by the
Town of Ulysses the authority to make applications (full or partial) for grants, loans, or any other type of
project financing, make contractual commitments (verbal or written) on behalf of the Town, or
otherwise act in any legal or official capacity on behalf of the Town of Ulysses.
ALL TOWN BOARD members including the Supervisor shall identify whether they are speaking by
authority of the Board or as an individual when talking with third parties.
THE TOWN BOARD FURTHER RESOLVES that at the organizational meeting of the Town Board each
January, all resolutions passed from this date forward authorizing the Supervisor, individual Town board
members, or any other agents or consultants of the Town to act on behalf of the Town will be reviewed.
The Supervisor shall provide copies of all such resolutions in effect to seated and incoming Town Board
members at least two weeks prior to such meeting.
**Resolution#57 - Hire Bolton Point for Inspection on Back Flows Devices
Ms. Tyler moved to hire Bolton Point at a $100 for the inspections on the back flow devises and bill the
customers for it.
Public Hearing July11, 2006 -
Local Law # 1- 2006 - A Local Law Providing for the Defense of Ulysses Officers and
Employees and Certain Volunteers
REGULAR TOWN BOARD MEETING JULY 12, 2006
**Resolution #58 - Retirement Bonus Pay
BE IT RESOLVED that the Town Board of the Town of Ulysses pay David Linn as per the established policy
for 32 years @ $20 per year $640.
**Resolution#59 - Swapping Town Roads/County Roads
BE IT RESOLVED that the Town Board of the Town of Ulysses to authorize Mr. Meeker to go ahead with
the process and recognizing that it all has to come back to the Town Board after all the documents and
legal work has been done.
**Resolution #60 - Approves Grading at the Fairgrounds
BE IT RESOLVED that the Town Board of the Town of Ulysses approve that the Town provides that the
grading work be done at the Fairgrounds and not to exceed $300.
**Resolution #61 - Local Law#1- 2006 A Local Law Providing For The Defense Of Ulysses
Officers And Employees And Certain Volunteers
Whereas: The Town of Ulysses Town Board wishes to ensure that its elected and appointed
officials, employees and volunteer board members are duly protected from civil actions and
provide defense thereof, and
Whereas: By adopting a local law to provide such guarantees is a long term commitment by
town government to protect its employees as defined in the Local Law rather than an annual
resolution, and
Whereas: The Attorney for the Town has presented and reviewed Local Law # 1 of 2006 for
adoption, and
Whereas: A duly advertised public hearing was held on July 11, 2006 to take comments on the
local law,
Now Therefore Be It Resolved that the Town Board of The Town of Ulysses enact Local Law #1
of 2006 as follows: LOCAL LAW # 1- 2006
A LOCAL LAW PROVIDING FOR THE DEFENSE OF ULYSSES OFFICERS AND EMPLOYEES AND CERTAIN
VOLUNTEERS
Be it enacted by the Ulysses Town Board of the Town of Ulysses and the State of New York as follows:
Section 1.
As used in this Local Law, unless the context otherwise requires:
a. The term "employee" shall mean any Town Supervisor, member of the Town Board, Town
officer, Town employee, Town volunteer expressly authorized by the Town to participate in a publicly
sponsored volunteer program, or any other person holding a Town position by election, appointment or
employment in the service of the Town, whether or not compensated, but shall not include an
independent contractor. The term "employee" shall include a former employee of the Town, his/her
estate or judicially appointed personal representative.
b. The term Town shall mean Town of Ulysses, a New York State municipal corporation.
Section 2-
a. Upon compliance by the employee with the provisions of section 3 of this Local Law, the Town
shall provide for the defense of the employee in any civil action or proceeding in any state or federal
court arising out of any alleged act or omission which occurred or is alleged in the complaint to have
occurred while the employee was acting or in good faith purporting to act within the scope of his/her
public employment or duties including, without limitation, any civil action or proceeding arising out of
any alleged act or omission in which it is alleged that the officer or employee has violated the civil rights
of the claimant, petitioner or plaintiff under sections 1981 and 1983 of the U.S. Civil Rights Act (42
U.S.C. sections 1981 and 1983). Such defense shall not be provided where such action or proceeding is
brought by or on behalf of the Town.
b. Subject to the conditions set forth in this Local Law, the employee shall be represented by the
Town attorney or an attorney employed or retained by the Town for the defense of the employee. The
Town Board of the Town shall employ or retain an attorney for the defense of the employee, and
reasonable attorneys' fees and litigation expenses shall be paid by the Town to such attorney employed
or retained, from time to time, during the pendency of the civil action or proceeding subject to
certification by the Supervisor that the person is or was an employee. Payment of such fees and
expenses shall be made in the same manner as payment of other claims and expenses of the Town. Any
dispute with respect to representation of multiple employees by the Town attorney or by an attorney
employed or retained for such purposes or with respect to the amount of the fees or expenses shall be
resolved by the court.
c. Where the employee delivers process and request for a defense to the Town attorney or the
Supervisor as required by section 3 of this Local Law, the Town attorney or the Supervisor, as the case
may be, shall take the necessary steps, to retain including the retention of an attorney under the terms
and conditions provided in paragraph (b) of this section, on behalf of the employee to avoid entry of a
default judgment, pending resolution of any question relating to the obligation of the Town to provide a
defense.
d. Subject to the conditions set forth in this Local Law, the Town shall indemnify and save
harmless its employees in the amount of any judgment obtained against such employees in a state or
federal court, or in the amount of any settlement of a claim, provided that the act or omission from
which such judgment or claim arose occurred while the employee was acting within the scope of his/her
public employment duties; provided further that in the case of a settlement, the duty to
indemnify and save harmless shall be conditioned upon the approval of the amount of settlement by the
Town Board of the Town. The duty to indemnify and save harmless prescribed by this subdivision shall
not arise where (1) the injury or damage resulted from intentional wrongdoing or fines or penalties, or
money recovered from an employee pursuant to section 51 of the General Municipal Law, provided,
however, the Town shall indemnify and save harmless its employees in the amount of any costs,
attorneys' fees, damages, fines or penalties which may be imposed by reason of an adjudication that an
employee, acting within the scope of his/her public employment or duties, has, without willfulness or
intent on his/her part, violated a prior order, judgment, consent decree or stipulation of settlement
entered in any court of this state or of the United States.
Section 3.
a. The duties to defend provided in this Local Law shall be contingent upon (1)delivery to the
Town attorney or, if none, to the Supervisor of the original or a copy of any summons, complaint,
process, notice, demand or pleading within five days after he/she is served with such document and (2)
the full cooperation of the employee in the defense of such action or proceeding and defense of any
action or proceeding against the Town based upon the same act or omission, and in the prosecution of
any appeal. Such delivery shall be deemed a request by the employee that the Town provide for his/her
defense pursuant to this Local Law, unless the employee shall state in writing that a defense is not
requested.
b. The duty to indemnify and save harmless prescribed by this Local Law shall be conditioned
upon full cooperation of the employee in the defense of such action or proceeding and in defense of any
action or proceeding against the Town based upon the same act or omission, and in the prosecution of
any appeal.
c. Upon entry of a final judgment against the employee, or upon the settlement of the claim, the
employee shall serve a copy of such judgment or settlement, personally or by certified or registered
mail, within thirty days of the date of entry or settlement, upon the Supervisor of the Town; and if not
inconsistent with the provisions of this section, the amount of such judgment or settlement shall be paid
by the Town.
Section 4.
The benefits of this Local Law will inure only to employees as defined herein and shall not enlarge or
diminish the rights of any other party nor shall any provisions of this Local Law be construed to affect,
alter or repeal any provisions of the Workers' Compensation Law.
Section 5.
The provisions of this Local Law shall not be construed to impair, alter, limit or modify the rights and
obligations of any insurer under any policy of insurance. The Town is directed to provide reasonable
insurance coverage pursuant to General Municipal Law § 52.
Section 6.
As otherwise specifically provided in this Local Law, the provisions of this Local Law shall not be
construed in any way to impair, alter, limit, modify, abrogate or restrict any immunity available to or
conferred upon any unit, entity, officer or employee of the Town or any right to defense provided for
any governmental officer or employee by, in accordance with, or by reason, any other provision of state
or federal statutory or common law.
Section 7.
The provisions of this Local Law shall apply to all actions and proceedings specified herein which have
been commenced, instituted or brought on or after the effective date of this Local Law.
Section 8.
This Local Law shall take effect immediately upon filing in the office of the Secretary of State of the State
of New York as provided in section 27 of the Municipal Home Rule Law.
**Resolution #62 - Public Hearing Annual MS4 Stormwater Report
BE IT RESOLVED that the Town Board of the Town of Ulysses set a Public Hearing for July 24`h at 7:00 PM
to hear the Annual Report for the MS4 Stormwater Report.
**Resolution#63 - Adding West Hill Church to Water District #3
Whereas: The West Hill Community Church has duly petitioned to be included as part Ulysses
Water District #3, and
Whereas: A map, plan and report has been completed and filed with the Town of Ulysses, and
Whereas: Said map, plan and report determined that there are no financial costs of the
proposed district extension to the residents in Ulysses Water District #3, and
Whereas: A duly advertised public hearing was held on July 11, 2006 at 7:00 pm, and
Whereas: The Attorney for the Town has reviewed all information presented and found to be
consistent with the requirements of Article 12 of Town Law,
Now Therefore it is Resolved that: Tax Parcel 34.-1-27 is added to Ulysses Water District # 3 with
all of the rights and privileges thereof.
**Resolution #64 - Follow Procedure to Enforce Water District Law on Back Flow Inspection
BE IT RESOLVED that the Town Board of the Town of Ulysses acting as Water Commissioners authorize
the Supervisor to go ahead and take action to assure the safety of the Town's water system and proceed
with the procedure in Water District #3 Local Law.
**Resolution #65 - Correcting Mr. Meeker's Pay
BE IT RESOLVED that the Town Board of the Town of Ulysses correct the error made in 1974 where Mr.
Meeker's pay was reported short to the NYS Retirement Association and
FURTHER RESOLVED that the Town Board authorize Mr. Austic to pay to NYS Retirement the amount
of $322 and the interest of $282 they want to charge Mr. Meeker and Mr. Meeker would be responsible
for the other $108.48 due.
PUBLIC HEARING JULY 24, 2006 - ANNUAL STORMWATER
SPECIAL TOWN BOARD MEETING JULY 24, 2006
**Resolution #66 - Authoring Mr. Coogan to Sign MUNICIPAL COMPLIANCE CERTIFICATION
(MCC) FORM
BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Richard Coogan to sign the
MUNICIPAL COMPLIANCE CERTIFICATION (MCC) FORM to be submitted to NYS Department of
Environmental Conservation under Phase II SPDES General Permit.
**Resolution #67 - Sign Contract with Sciarabba Walker
BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Supervisor Austic to sign the
contract with Sciarabba Walker for an audit for the year ending December 31, 2005.
**Resolution#68 - Appoint Planning Board Member Barbara Bristow
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Barbara Bristow to the Town of
Ulysses Zoning Board of Appeals to fill the unexpired term of Joel Warren until December 2008.
**Resolution #69 - Form Joint Committee for Discussion of Water #5
BE IT RESOLVED that the Town Board of the Town of Ulysses form a joint committee of 6 (six) (if the
Village is willing) (3 Town Board members and 3 Village Trustees) and
FURTHER RESOLVED that the purpose is to research and rationalize this process of Water District #5
information in such a way that decisions can be made well and the public can be well informed of the
basis for those decisions.
To amend the motion to include a timeline and have a report available jointly to both Village Trustees
and the Town Board by December 15`", 2006, providing information is available. Ms. Tyler, Ms. Marino
and Mr. Austic are appointed to this committee representing the Town Board.
**Resolution#70 - Energy Audit
BE IT RESOLVED that the Town Board of the Town of Ulysses have a free energy audit done by NYSEG at
the Town Hall and the Town Barns.
REGULAR TOWN BOARD MEETING AUGUST 8, 2006
**Resolution#71- Accept The Following Memorandum Of Understanding With Tompkins
County - Classification of Roads
This Agreement is by and between the Town Of Ulysses, 10 Elm St. Trumansburg, New York 14886,
hereinafter referred to as the "Town" and the Tompkins County, 125 East Court St., Ithaca, New York
14850, hereinafter referred to as "County'.
Whereas, Tompkins County maintains 41.94 miles of roads in the Town, and in reviewing the
classification of said roads, it has been determined that the roads, as noted in Attachment A, have been
deemed local in classification. It has also been determined that other roads that are currently Town
roads should be County roads.
The parties agree as follows:
On September 1, 2006, at 12:01 am, Krums Comers Road, (approximately 0.7 miles) shall become
County Road 141, and
On September 1, 2006, at 12:01 am, Iradell Extension (approximately 0.2 miles) shall become County
Road 177, and
On September 1, 2006, at 12:01 am, Agard Road, (County Road 144, approximately 1.41 miles), shall
become a Town Road, and
On September 1, 2006 at 12:01 am, Falls Road (County Road 143F, approximately 1.58 miles), shall
become a Town Road.
This Memorandum shall be effective upon execution, It is further agreed that both
parties to this agreement will work cooperatively to assure the maximum benefit to the residents of
Tompkins County. Transfer of roads to the Town shall be in accordance with the guidelines as noted and
agreed upon by both parties, as noted on Attachment A.
After Oct. 1, 2006 if the County and Town Superintendent agree on work that has been completed the
County Attorney shall submit the final paperwork to the Town of Ulysses Attorney for review. The
documents will then go to The Town of Ulysses Town Board.
**Resolution#72 - Transferring Money for Audit
BE IT RESOLVED that the Town Board of the Town of Ulysses transfer $8000 from A1990.4 Contingency
Fund and increase A1320.4 Audit Fund.
**Resolution#73 - Adopting Rules and Procedures
RULES and PROCEDURES
TOWN OF ULYSSES RULES and PROCEDURES
FOR TOWN BOARD MEETINGS
Be it resolved that all rules listed herein are adopted as the Rules of Order for all meetings
and types of meetings of the Town Board.
1. Meetings, Defined and Called
1.1. Regular Meetings of the Board
The Board will meet at 7:00 PM on the second Tuesday of each month. Meetings will be
conducted in the boardroom at the Town Hall. The Board Member known as the Supervisor shall
preside. In the absence of the Supervisor the members present, assuming a quorum, shall elect a
Chair for the meeting from the Board members present.
1.2. A working meeting of the Board will convene at 7:00 PM on the fourth Monday of each
month. Meetings will be conducted in the Town Hall. The themes should be announced the
proceeding Friday in writing, but this is also the venue for introducing new themes. A formal
Agenda is not required. At least the Agenda for the Regular Meeting should be discussed.
Business tabled at the Regular Board Meeting may be resolved if so designated.
1.3. Calling Special Meetings
Special meetings of the Town Board are all those Town Board meetings other than Regular
or Working Meetings. A Special Meeting may be called by the Supervisor upon two -
calendar day's written notice to the entire Town Board. For the meeting to address any
motions the Supervisor, if challenged, must be able to demonstrate that effective notice has
been given. Additionally, the Supervisor must call a Special Meeting within ten calendar days of
a written request by any two Councilpersons.
1.4. Special Meetings, Public Hearing
Public Hearings may be called according to the State or Local, Law or Ordinance that applies. The
intervals of time specified in such Laws and Ordinances are the minimum intervals for the giving
of notice. Notice shall be published in the both the Ithaca Journal and also the Trumansburg Free
Press whenever possible.
2. Meetings, Forms
2.1. Notice
Written notice may be sent by regular postal mail or email. The preferred method for notice
is by email. The sender must list the other four members in the "cc:" field. A reply from any one
member must be a "reply to all". All members will be considered to have received the notice if all
reply to it. Members are responsible for keeping their addresses of record current, both
postal and email.
2.2. Quorum
A Quorum shall be required to conduct business and pass any resolution. A Quorum of the
five -member Town Board shall be three. In the absence of a Quorum, a lesser number may
adjourn and compel the attendance of absent members.
2.3. Majority and Supermajority
A Majority of the five -member Town Board shall be three, all present. There is no proxy voting.
A Supermajority shall be four in all cases.
2.4. Executive Sessions
Executive Sessions shall be held in accordance with the N.Y. Public Officers Law Section 105.11
Executive Sessions may be commenced in a Regular or Special Meeting. The member making a
motion shall state the basis for going to Executive Session under the law for Executive Session.
The Board must also by resolution designate any persons other than the Board Members who
may attend and state who it is in the minutes. Minutes will not generally be kept of an executive
session.
3. Meetings, Order of Business
3.1 Agendas
The Agenda for all meetings, except the Working meeting, shall be prepared by the
Supervisor. The Supervisor, or any other Councilperson, or any other elected Town Official
may have an item placed on the Agenda. Items must be submitted by the end of the day 6 days
prior to the distribution of the agenda. The Supervisor shall include any items so requested.
Items of Interest requiring no action shall be given to the Supervisor for listing in the Agenda at
least 1 day before the meeting. Transmission by email notice, as above, is acceptable.
3.2 Agenda Order for Regular Meeting:
1. 7:00 Board Review of Claims
2. 7:30 Call To Order, Pledge of Allegiance
3. Approval of Minutes: Regular Town Board 3/14
4. Approval of Claims
5. Reports of Representatives
A. (3 Min) County Legislator
B. (3 Min) Village Representative
C. (3 Min) Trumansburg Fire Department
D. (3 Min) Planning Board Report
6. Privilege of The Floor To The Public With 1 Minute Limit
(May ask for continuance if added to the Agenda of this or a later meeting.)
7. Privilege of Floor To Board Members With 2 Minute Limit
8. Town Reports (15 Min)
a. Highway Superintendent
b. Code Enforcement Officer
c. Town Clerk
d. Board Member And Committees
e. Supervisor
f. Deputy Supervisor
9. Old Business
a. xxx
b. xxx
10. New Business
a. xxx
b. xxx
11. Public Comments
12. Correspondence
13. Additional Items
3.3 Meetings, Adjournment
The motion to adjourn is not debatable, but the Supervisor may, after the second, describe
the nature and consequence of adjourning with any scheduled business left unfinished.
3.4 Questions of Order
Questions of Order beyond these Rules are to be resolved by reference to Robert's Rules of
Order. The Board shall annually name a Parliamentarian from among the Board Members to issue
ruling from Roberts for questions not covered under these rules. The Parliamentarian will read
the basis for the ruling aloud. Any such ruling shall prevail unless over ruled by a Supermajority.
4. Conducting a Meeting
4.1. Seating
Board Members will be seated together. Any privileged speaker will be seated at some place
that is separate from the public seating. This separation is necessary to avoid confusing the
public as to who may speak.
4.2. Public Decorum
An opening statement shall be made in every meeting directing those who are present as
to their behavior, what is expected of them, and when it is that they may participate. In the
event of disruptive behavior, the public shall be told that after one warning, any person
speaking, or otherwise being disruptive, during the Board proceeding will be asked to leave.
Disruptive behavior shall be name-calling, swearing, defaming, shouting, addressing persons
inappropriately, or other similarly disruptive behaviors found offensive by the Supervisor or a
majority of the Board. At any time the Supervisor may address the public on matters having to
do with process and decorum. This shall be done promptly when there is a breach and there
shall be no exceptions.
4.3. Public Decorum When Speaking
When invited to speak a member of the public shall be instructed to give their name, first
and last. The Clerk will immediately interrupt to repeat back that name and to state that
person's pertinent role in the community if any. As an example, "Jane Doe, Jane is the
Supervisor in the Town of Hector." In speaking, the public should address the whole Board.
The speaker may not speak to other persons in the room, nor may other persons speak to
them, except that persons appearing with a domestic partner, family member, or councilor may
have the orderly support of the other person. If that is the case, that person shall give his or her
name and in repeating the name the Clerk will clarify the second person's role relative to the
f rst.
4.4. Board Decorum
A Board Member wishing to speak may assume the privilege by simply entering the
conversation during a pause. A member who raises a hand for privilege shall be recognized next
by the Supervisor. The Supervisor shall assign order of speaking based on the order in which
hands are raised. Members may not speak simultaneously and may not interrupt each other.
The Supervisor shall interrupt any member who speaks continuously for more than one minute.
Generally, a member who has not yet addressed the question shall be given privilege over those
who have. The Board shall address only the Supervisor, other Board members, and the
privileged speakers.
4.5. Members speaking with the Public
Board members shall not address the public except during the time allocated for public
participation, and then only when the Supervisor indicates that they may do so. The
indication shall only be made when the Board member indicates an interest in speaking with
the person in the public.
5. Motions:
5.1. Motions Defined
The business of the board shall be conducted as a series of motions. Any Board Member
may make any Motion at any time when there is no other Motion on the floor. If the Motion
fits clearly within an item listed later on the Agenda the Supervisor may rule it out of order.
5.2. Seconds to Motions
A motion shall not be discussed until it has a Second. A member making a Motion may restate
it once in seeking a Second, but may not argue for the Second.
5.3. Voting on Motions
Voting shall be by stating "Aye" or "Nay". The Clerk shall immediately state the outcome.
5.4. Presentation of Motions
It is preferred that Motions be in writing prior to the meeting and must be in writing if they
are instructions to anybody or person. A Motion maybe written out during the meeting.
Ideally, new Motions are presented first at a Working Session. New Motions may be
presented at a Regular Meeting and acted upon if copied to all members by 5 PM on the
preceding Friday to meeting.
5.5. Motions without Notice
A New Resolution offered without notice may be debated, but unless there is a Supermajority
to waive these Rules it shall be tabled without a vote, and unless withdrawn by the Board
Member making the Motion, it will automatically be on the Agenda of the next Regular Meeting.
5.6. Motion Exceptions
The Supervisor may present Emergency Motions without notice. They may be ruled out of
order by a Supermajority.
6. Standing of these Rules
6.1. These Rules apply to all meetings of the Town Board, including Working Meetings and
Special Meetings.
6.2. Enactment, Amendment or and Permanent Removal of these Rules require a
Supermajority voting in two Regular Meetings.
6.3. The Rules may be waived during any session by a Supermajority. Such waivers stand
for only the session when voted.
**Resolution#74 - Expending Money For Sidewalk Extension to Fairgrounds
BE IT RESOLVED that the Town Board of the Town of Ulysses spend up to $10,000 to extend the sidewalk
from the Village of Trumansburg line to the Trumansburg Fairgrounds ticket booth.
SPECIAL TOWN BOARD MEETING AUGUST 28, 2006
"Resolution #75 - Change Date of September Town Board Meeting
BE IT RESOLVED that the Town Board of the Town of Ulysses change the date of the Town Board
Regular meeting to September 11`h, 2006.
REGULAR TOWN BOARD MEETING SEPTEMBER 11, 2006 -RESCHEDULED NO
QUORUM
REGULAR TOWN BOARD MEETING SEPTEMBER 19, 2006 - No resolutions
SPECIAL TOWN BOARD MEETING SEPTEMBER 25, 2006
**Resolution#76 - Recreation Partnership
BE IT RESOLVED that the Town Board of the Town of Ulysses will notify the Recreation Partnership by
October 1, 2006 that the Town will remain a member of the Partnership for the calendar year 2007, to
enable children in the Town of Ulysses, Village of Trumansburg and Trumansburg School District to
continue to participate at the lower member fees in Recreation Partnership programs for 2007.
BE IT ALSO RESOLVED that the Supervisor will appropriate $6,083 in the 2007 Town of Ulysses tentative
budget for the Recreation Partnership. This commitment is for one calendar year. The Town will
withdraw from the Recreation Partnership as of January 1, 2008.
FURTHER, the Ulysses Town Board resolves to form a committee of key stakeholders to evaluate youth
recreation options in Ulysses and Trumansburg for the 2008 calendar year and beyond, beginning in
January 2007. Asa key part of this effort, the Town will engage the County Youth Services Department
to provide technical and planning assistance to such committee, to help identify youth needs, inventory
local programs, and to evaluate a variety of different options for meeting the needs of Ulysses and
Trumansburg children and youth. This County service offered at no cost to municipalities.
**Resolution#77 - Recreation Partnership Support by Tompkins County
WHEREAS, the Tompkins County Recreation Partnership is a unique collaboration among 11 Tompkins
County municipalities which allows youth from Ulysses and other municipalities to participate in
recreational programs to meet new friends, learn new skills, and have positive new experiences in well -
supervised appropriate activities at an affordable price, and
WHEREAS, by collaborating and pooling resources, the Partnership offers a wider and more affordable
array of recreational programs than any single local government could offer on its own, according to a
cost-sharing formula wherein the Town of Ithaca, City of Ithaca, and Tompkins County each contribute
one-quarter, enabling eight smaller municipalities to share the remaining one-quarter, and
WHEREAS, the Tompkins County Administrator recently requested the Tompkins County Youth Services
Department to describe the impact of withdrawing full County financial support from the Recreation
Partnerships, and
WHEREAS, withdrawal of County support for the Recreational Partnership would create a funding gap
that increased user fees could not fill, and
WHEREAS, a partial cut in County funding to the Recreation Partnership contributed to a reduction in
the number of Recreation programs from 39 to 30, and
WHEREAS, withdrawal of County support for the Recreational Partnership would dramatically reduce
the number of recreational programs offered to youth by the Recreation Partnership, and
WHEREAS, withdrawal of County support for the Recreational Partnership could ultimately jeopardize
the existence of the partnership, and
WHERAS, continuing full County support for the Recreation Partnership will encourage inter -municipal
cooperation with 10 other municipal partners,
THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses affirms the importance of
providing well -supervised recreational programming for youth, and also
BE IT RESOLVED that the Town Board of the Town of Ulysses strongly encourage the Tompkins County
Legislature to continue its support for the Recreation Partnership, and also
BE IT RESOLVED that the Town Board of the Town of Ulysses strongly encourage the Board of the
Recreation Partnership to develop funding streams in addition to municipal contributions to reduce the
strain on its municipal partners.
SPECIAL TOWN BOARD MEETING OCTOBER 4, 2006
**Resolution#78 - Appointment Of Town Historian
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Ms. Dickson as the Town
Historian and Ms. Dean as Deputy Town Historian.
FURTHER RESOLVED that Ms. Dickson, Town Historian be compensated at $800 per year and
Ms. Dean Deputy Town Historian to be compensated at $200 per year.
REGULAR TOWN BOARD MEETING OCTOBER 10, 2006
**Resolution#79 - Joining Tompkins County Council of Governments
WHEREAS, Town of Ulysses has joined the Tompkins County Council of Governments, and
WHEREAS, the Council of Governments has resolved to apply for an incentive award under the
New York State Shared Municipal Services Program, and
WHEREAS, the grant will assist the municipalities in Tompkins County to create a local health
consortium, and
WHEREAS, the health care consortium will seek to develop health care coverage for all
municipalities with the intent to provide a net savings to the taxpayers of Tompkins County, now
therefore be it ,
RESOLVED, on recommendation of Town Board Committee, that the Supervisor is hereby
authorized to act on behalf of the Town of Ulysses to all matters related to this grant,
RESOLVED, further, that the County of Tompkins shall be designated as the Lead Applicant and
that the County Administrator is authorized to act as the contact person for this grant.
**Resolution#80 - Alternate to the Tompkins County Council of Governments
BE IT RESOLVED that the Town Board of the Town of Ulysses nominate Don Ellis to serve as alternate to
the Tompkins County Council of Governments.
**Resolution#81- Support Of A Shared Services Grant To Explore Hiring A Storm Water
Inspector.
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Mr. Coogan to send a letter of
intent to Sharon Anderson and the Cayuga Watershed in support of a shared services grant to explore
hiring a storm water inspector.
**Resolution#82 - Letters Of Intent To Support Intermunicipal Grant Application
BE IT RESOLVED that the Town Board of the Town of Ulysses proceed to issue its letter of intent and
send to the Town of Ithaca, Town of Covert, and the Village of Trumansburg requesting that they
respond with their letters of intent to support this grant and the Town of Ulysses will go ahead writing
the grant pending a final resolution of approval of the Town Board before submitted to Albany.
SPECIAL TOWN BOARD MEETING OCTOBER 17, 2006
**Budget Workshop - no resolutions
SPECIAL TOWN BOARD MEETING OCTOBER 23, 2006
**Resolution#83 - Hiring Town Attorney Mariette Geldenhuys
BE IT RESOLVED that the Town Board of The Town of Ulysses approves to hire Mariette Geldenhuys as
the Town Attorney
SPECIAL TOWN BOARD MEETING OCTOBER 26, 2006
**Resolution#84 - Contract Survey Research Institute for Comprehensive Plan Survey
BE IT RESOLVED that the Town Board of the Town of Ulysses enter into a contract with Cornell Survey
Research Institute as a consultant to review, analyze and assist with the Comprehensive Plan Survey as
requested by the Comprehensive Plan Committee,
FURTHER RESOLVE this contract will not exceed $5000.
SPECIAL TOWN BOARD MEETING OCTOBER 31, 2006
**Resolution#85 - Move 2007 Budget to Preliminary Budget
BE IT RESOLVED that the Town Board of the Town of Ulysses to move the 2007 tentative budget to the
Preliminary Budget.
PUBLIC HEARING NOVEMBER 9, 2006 - 2007 Budget
REGULAR TOWN BOARD MEETING NOVENBER 14, 2006
**Resolution #86 - Lead Agency And Appoints Richard Coogan, Deputy Supervisor, As Lead
Contact for Shared Service Grant
WHEREAS a resolution is required authorizing Deputy Supervisor Richard Coogan to submit an
application as lead contact person to the Department of State Share( Municipal Services
Incentive Grant (2006-2007 Program Year) for a feasibility study for shared Stormwater Services
for the Towns of Ulysses, Caroline, and Newfield and authorizing Supervisor Douglas Austic as
Financial Administrator for this grant project,
WHEREAS Sharon Anderson, Steward for the Cayuga Lake Watershed Network, is willing to
facilitate and mediate the process for reaching the inter -municipal agreement: for shared
services,
WHEREAS the funds solicited through this program shall be used for the express purposes of
finding a cost effective solution for complying with the NYS DEC requirements for a regulated
MS4 district in rural municipalities and establish in the necessary legal agreements,
WHEREAS the project cost is estimated to be $50,600 with $46,000 from grants funds and
$4,600 from local share with the largest portion of expenses coming from legal fees based on
existing contracts and arrangements the municipalities have for legal services, and
WHEREAS the Town of Caroline and the Town of Newfield are willing partners for this project,
and establish a steering committee with membership from each of the Town Boards to
implement the grant.
THEREFORE BE IT RESOLVED that the Town of Ulysses supports this project, Stormwater Services
for the Towns of Ulysses, Caroline, and Newfield.
BE IT FURTHER RESOLVED that the Town of Ulysses is willing to act as lead agency and appoints
Richard Coogan, Deputy Supervisor, as lead contact for the project and Doug Austic, Supervisor,
as financial administrator for the grant
**Resolution#87 - Agreement with Attorney Mariette Geldenhuys
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Mariette Geldenhuys as the
Attorney of the Town with the following agreement:
1. This agreement for legal services is made by and between LoPinto, Schlather, Geldenhuys & Salk,
Attorneys at Law ("the firm"), Mariette Geldenhuys, Esq. of counsel, and the Town of Ulysses ("the
client"), of 10 Elm Street, Trumansburg, New York 14886. This agreement constitutes a binding legal
contract and should be reviewed carefully.
2. The client retains the firm to render services in connection with acting as general legal counsel for the
Town in all legal matters, including, but not limited to, attendance at the monthly meetings of the Town
Board and the reservation of one hour each week, at a regular, set time, during which Board members
may call to discuss Town business.
3. The client understands that the hourly rates apply to all time expended relative to the client's legal
representation, including but not limited to office meetings and conferences; telephone calls and
conferences, either placed by or placed to the client or otherwise made or had on the client's behalf or
related to the client's legal representation; preparation, review and revision of correspondence, local
laws and ordinances, contracts., pleadings, motions, disclosure demands and responses, affidavits and
affirmations, or any other documents, contracts, memoranda, or papers relative to the client's legal
representation; legal research, court appearances, conferences, file review, preparation time, travel
time (not including travel time to and from the Town of Ulysses), and any other time expended on
behalf of or in connection with the client's legal representation.
4. The client has the absolute right to cancel this retainer agreement at any time. Should the client
exercise this right, the client will be charged only the fee expenses (time charges and disbursements)
incurred within the period prior to the cancellation of this agreement, based upon the hourly rates set
forth in this retainer agreement.
5. The client agrees to pay to the firm such additional fees and to reimburse it for advances on the
client's behalf that may be due from time to time not later than 30 days from the date that the firm
submits a bill to the client for same. Any amounts remaining unpaid after 30 days will incur interest
charges at the rate of 12% per annum.
6. a. The retainer fee shall be credited based upon the following hourly rates:
Attorneys: $150.00 per hour
Paralegals: $100.00 per hour
Legal services will be provided primarily by Mariette Geldenhuys, ESQ.
b. In addition to the foregoing, the client's responsibility will include direct payment or
reimbursement of the firm for disbursements advanced on the client's behalf, the same to
include, but not necessarily be limited to; court filling fees, recording fees, charges of process
servers, travel expenses (not including travel to and from the Town of Ulysses), telephone charges,
messenger services, transcripts and the customary fees of stenographers referable to examinations
before trial the event such examinations are utilized.
c. By reason of mounting costs, it may be necessary from time to time for the applicable time,
charges to be increased. However, any such increase will be subject to the client's agreement...
7. The client will be billed periodically, generally each month but in no event less frequently than every
60 days. Included in the billing will be a detailed explanation of the services rendered, by whom
rendered and the disbursements incurred by the firm in connection with the client's legal
representation. Upon receipt of the bill, the client is expected to review it and promptly bring to the
firm's attention any objections the client may have to the bill. While the firm strives to keep perfectly
accurate time records, they recognize that possibility of human error, and shall discuss with the client
any objections the client raises to the bill. The client will not be charged for time expended in discussing
with the firm any aspect of the bill.
8. The client is advised that if, in the firm's judgment, it decides that there has been an irretrievable
breakdown in the attorney-client relationship, or a material breach of the terms of this retainer
agreement, the firm may decide to make application to the court in which any action on behalf of the
client is pending to be relieved as the client's attorney. In such event, the client will be provided with
notice of the application and an opportunity to be heard. Should any fees be due and owing to the firm
at the time of its discharge, the firm shall have the right, in addition to any other remedy, to seek a
charging lien, i.e., a lien upon the client's property.
9. The client understands that legal assistants and/or paralegals are often called upon to assist in
document production, file organization, preparation and review of financial statements and data, and
such other duties as are assigned by the firm.
10. It is the firm's policy to retain all client files for ten years following the conclusion of the client's legal
representation. The client has the right to take custody of the file at any time after the firm's
representation of him or her is concluded. In the event that the client does not take custody of the file
within the ten-year period following the conclusion of the matter, it will be destroyed thereafter without
further notice to the client.
11. The client's signature at the end of this agreement indicates that this fee arrangement meets with
client's approval.
**Resoloution#88 - Adoption of 2007 Budget
BE IT RESOLVED THAT THE Town Board of the Town of Ulysses adopt the 2007 Town of Ulysses Budget
as modified.
SPECIAL TOWN BOARD MEETING NOVEMBER 27, 2006 - Review of Zoning Law
PUBLIC HEARING DECEMBER 12, 2006 - proposed DEC Model Stormwater
Laws.
REGULAR TOWN BOARD MEETING DECEMBER 12, 2006
**Resolution#89 - Funding Brochure "Touring the Towns of Tompkins County"
BE IT RESOLVED that the Town Board of the Town of Ulysses contributes $200 towards the design and
printing of a brochure called "Touring the Towns of Tompkins County".
**Resolution#90 - Sign Drug and Alcohol Testing Policy
BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Supervisor Austic to sign the
Tompkins County Consortium "Federal Motor Carrier Safety Administration" Drug and Alcohol Testing
Program Policy.
**Resolution #91- Town Wide Mailing Of The Pre -Application Forms for Better Housing
Grant
BE IT RESOLVED that the Town Board of the Town of Ulysses resolve to have Better Housing proceed
with the Town wide mailing of the pre -application forms and prepare the maps beginning in January
2007.
**Resolution#92 - Appoint Chairman of Planning Board - Ken Zeserson
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Ken Zeserson as Chairman to the
Planning Board for 2007.
**Resolution#93 - Employee Gift Certificate
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the distribution of the $50 gift
certificates to the employees and the volunteer staff on the various boards.
**Resolution#94 - Motion to Approve B & L Scope of Service
WHEREAS, the Village of Trumansburg has requested that the Town of Ulysses be prepared to supply
the village with a source of water that is adequate to serve as a primary source, and
WHEREAS, information presented at several meetings has revealed a concern of the Town of Ithaca
about their ability to supply such a source is questionable, and
WHEREAS, the Town of Ulysses has a reserve fund sufficient enough to allow funding a study to
determine the specifics of the major concerns of the Town of Ithaca and, once determined, to estimate
the cost of such infrastructure needed to relieve the concern and be able to supply a source of water
that is adequate to serve as a primary source as requested, and
WHEREAS, Barton and Loguidice has completed considerable engineering and study of water delivery
systems within the town, and has provided a scope of services that is not to exceed $7000 to do a study
of Infrastructure Needs, Trumansburg Water Supply Assessment (Scope of Services 3 of November 27,
2006), now
BE IT RESOLVED that the Town Board of the Town of Ulysses engage B&L to conduct a study to
investigate, in conjunction with the Town of Ithaca and the Village of Trumansburg, solutions enabling
the service of a source of water that is adequate to serve as a primary source for the Village of
Trumansburg through the Town of Ulysses. In addition, realizing that the ultimate source for the Village
of Trumansburg would be SCLIWC; authorizes the Town Supervisor to enter into talks with the
commission, with one week prior notice to the Ulysses Town Board, to ensure that the water supply will
be available if needed.
**Resolution#95 - To Engage The Services Of Barton & Loguidice To Conduct A Study To
Investigate
BE IT RESOLVED that the Town Board of the Town of Ulysses adopted a resolution December 12, 2006
at their Regular Town Board meeting to engage the services of Barton & Loguidice to conduct a study to
investigate, in conjunction with the Town of Ithaca & Village of Trumansburg, solutions enabling the
service of a source of water that is adequate to serve as a primary source for the Village of Trumansburg
through the Town of Ulysses.
FURTHER RESOLVE that the Town Board of the Town of Ulysses requests that the Village of
Trumansburg engage their engineer to participate in the study and that the joint committee that was set
up continues to meet in January 2007 to process the information. Also have EFC'S representative, J. V.
Smith come sometime in February once the Boards have this information.
FURTHER RESOLVE that the Town Board of the Town of Ulysses start discussing a survey and how to
best do it in January.