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HomeMy WebLinkAbout2007 Index of ResolutionsContents **Resolution#1— Budget Modifications........................................................................................... 5 **Resolution#2 — Monthly Board Mtgs. Date/Designate News Media/Set Mileage Rate/Highway Superintendent Authorized Expenses up to $3000/Building & Maintenance Incur Expenses up to $1500/Bond Undertakings/Annual Financial Report/Ithaca Journal Designated Publication/TC Trust Depository/Town Investment Policy/Pau in Advance Contracts.......................................................7 **Supervisor Appointments.............................................................................................................8 **Resolution#3 - Town Board Appointments...................................................................................8 **Resoltion#4 — Wages/Salaries/Time Cards/Individual on Agenda/Special Needs/Department Audits.............................................................................................................................................. 9 **Resolution#5 — Highway Shared Services....................................................................................10 **Resolution#6 — Designate Representative to NYS Association of Towns Meeting ........................ 11 **Resolution#7 — Letter of Complaint to Seneca County Code Officer Re> Junk in Seneca Rd ......... 11 JANUARY 22, 2007 SPECIAL TOWN BOARD MEETING.........................................................................11 **Public Hearing Set for Local Law #1 local law for the enforcement of the NYS Uniform Fire Prevention and Building Code. The Public Hearing was set for February 13`h at 7:15 pm ...............11 FEBRUARY 13, 2007 - PUBLIC HEARING ON LOCAL LAW#1— ENFORCEMENT OF NYS UNIFORM FIRE PREVENTION AND BUILDING CODE....................................................................................................11 FEBRUARY 13, 2007— REGULAR TOWN BOARD MEETING..................................................................11 **Resolution#8 — SMSI GRANT AUTHROIZATION...........................................................................11 **Resolution#9 —Association of Towns Resolutions......................................................................12 **Resolution#10 —Veterans Exemption.........................................................................................12 **Resolution#11— Operating Under Roberts Rules of Order..........................................................12 **Resolution#12 — Local Law #1-2007 —A LOCAL LAW PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE....... 12 **Resolution#13 - LOAL LAW #2 — 2007 EMERGENCY RADIO COMMUNICATIONS PROTECTION LAW ...................................................................................................................................................... 33 **Resolution #14— Planning Board Appointment David Kerness....................................................34 PUBLIC INFORMATIONAL MEETING HOUSING REHABILITATION PROGRAM HEARING FEBRUARY 26, 2007.................................................................................................................................................. 34 SPECIAL TOWN BOARD MEETING FEBRUARY 26, 2007....................................................................... 34 **Resolution#15 — Establish Snow & Ice Removal Reserve............................................................. 34 **Resolution #16 - Employee Benefit Accrued Liability Reserve Fund............................................35 **Resolution#17 - Employee Benefit Accrued Liability Reserve Fund.............................................35 **Resolution#18 — Emergency Reserve Fund................................................................................. 36 **Resolution#19—Payroll and Personnel Records.........................................................................36 REGULARTOWN BOARD MEETING MARCH 13, 2007..........................................................................37 **Resolution#20 - Stormwater Law, Local Law #3 — 2007............................................................... 37 **Resolution#21- Small Cities Community Development Block Grant...........................................37 **Resolution#22 — Discuss Map. Plan & Report for Water District#5............................................. 37 **Resolution#23 — Appointment to Comprehensive Plan Committee............................................38 Special Town Board Meeting March 20, 2007....................................................................................38 Discussion on Application of Annexation of Auble Property........................................................... 38 **Resolution#24—Small Cities Block Grant....................................................................................38 SPECIAL TOWN BOARD MEETING MARCH 23, 2007........................................................................38 Discussion of Barton & Loguidice Feb 26, 2007 draft report to the Town Board on Infrastructure Needs /Trumansburg Primary Water Supply Assessment...............................................................38 SPECIAL TOWN BOARD MEETING MARCH 26, 2007........................................................................... 38 **Resolution#25 - Service Agreement with Cornell Research Survey Institute...............................38 REGULAR TOWN BOARD MEETING April 10, 2007.............................................................................. 38 Discussion of Water District #5...................................................................................................... 38 SPECIAL TOWN BOARD MEETING APRIL 23, 2007...............................................................................39 **Resolution#26 — Spruce Row Request Referred to Planning Board ............................................. 39 **Resolution#27 — Schedule Joint Village Meeting / Discuss Water District#5 ............................... 39 REGULAR TOWN BOARD MEETING MAY 8, 2007................................................................................ 39 **Reolution#28 — Seek Bids for Salt Box........................................................................................ 39 **Reslution#29 — Late Charges on Water Bills................................................................................39 **Resolution#30 — Study on Water District #5............................................................................... 39 **Resolution#31........................................................................................................................... 40 **Resolution#32 - Intermunicipal Shared Services Agreement.......................................................41 **Resolution#33 — Assessment of Town Phone Bills......................................................................41 SPECIAL TOWN BOARD MEETING MAY 21, 2007................................................................................41 **Resolution#34—Adopt Rules & Procedure Changes in 4.3..........................................................41 PUBLIC HEARING JUNE 12, 2007........................................................................................................41 StormWater Annual Report...........................................................................................................41 REGULAR TOWN BOARD MEETING June 12, 2007..............................................................................41 **Resolution #35 — Update the Code of Ethics...............................................................................41 **Resolution# 36 — Fees Schedule.................................................................................................42 **Resolution#37 — Lead Agency for Annexation Application.......................................................... 44 **Resolution#38 — Ulysses Youth Opinion of Recreation Partnership.............................................44 SPECIAL TOWN BOARD MEETING JUNE 25, 2007...............................................................................44 **Resolution#39 —Purchase Old Trumansburg Telephone Building................................................44 **Resolution#40— Financial Analysis of Village Revenues Losses...................................................45 PUCLIC HEARING JULY 10, 2007.........................................................................................................45 Public Hearing on Cirri PUD Application.........................................................................................45 REGULAR TOWN BOARD MEETING JULY 10, 2007..............................................................................45 * * Resolution#41 —Recreation Partnership Agreement..................................................................45 REGULAR TOWN BOARD MEETING AUGUST 14, 2007........................................................................45 **Resolution#42 — Request for PUD Change at Spruce Row Camp.................................................45 **Resolution#43 — Hire Koskinen's to make Number Signs............................................................45 SPECIAL TOWN BOARD MEETING AUGUST 22, 2007..........................................................................45 **Resolution#44 —Resolution to Put Aside the WD#5 Proposal and to Proceed with Planning for a Water District that is Equitable, Economically Solid, and Necessary for the Town ..........................45 SPECIAL TOWN BOARD MEETING AUGUST 30, 2007..........................................................................46 **Resolution#45 — RESOLUTION, FINDINGS AND ORDER OF TOWN BOARD APPROVING PETITION FORANNEXATION..........................................................................................................................46 REGULAR TOWN BOARD MEETING SEPTEMBER 11, 2007.................................................................. 51 **Resolution#46 —DD#5 - KLINE..................................................................................................... 51 **Resolution#47 — Recreation Partnership....................................................................................51 **Resolution#48 - Direct Mr. Austic To Copy Letter......................................................................51 SPECIAL TOWN BOARD MEETING SEPTEMBER 24, 2007.....................................................................52 **Resolution#49 — Accepts Application for Cirri Development District Mini Golf Course ................ 52 **Resolution#50— Request Covert & Hector Pay for Recreation Partnership.................................52 **Resolution#51— Appointment of Lucia Tyler to EMC.................................................................. 52 **Resolution#52 — Minutes Procedures......................................................................................... 52 REGULAR TOEWN BOARD MEETING OCTOBER 9, 2007...................................................................... 52 **Resolution#53 - RESOLUTION DIRECTING SPECIAL ELECTION ON PROPOSITION FOR ANNEXATION ...................................................................................................................................................... 52 **Resolution#54 — Contract with Bergmann Assoc. to Update Comprehensive Plan ...................... 53 **Resolution#55 — Distribution of the RFP on Route 96 Corridor Study..........................................53 **Resolution#56 — Authorize Supervisor Sign and Execute Contract Between GOSC, and the Town53 SPECIAL TOWN BOARD MEETING OCTOBER 16, 2007........................................................................53 Ulysses Housing Rehabilitation Program - Overview.......................................................................53 SPECIAL TOWN BOARD MEETING OCTOBER 22, 2007........................................................................ 53 Ulysses Housing Rehabilitation Program - Overview....................................................................... 53 PUBLIC HEARING NOVEMBER 7, 2007................................................................................................53 2008 Budget Presentation............................................................................................................. 53 REGULAR TOWN BOARD MEETING NOVEMBER 13, 2007...............................................................53 **Resolution#57 — Budget Modifications 2007.............................................................................. 53 **Resolution #58 —Adoption of 2008 Budget................................................................................ 53 **Resolution#59 - Resolution in support of the County -wide Water and Sewer Evaluation ............ 53 SPECIAL TOWN BOARD MEETING NOVEMBER 28, 2007.....................................................................54 **Resolution#60—Sign Contract with Attorney Geldenhuys.........................................................54 **Resolution #61— SEAR for Zoning Law Amendment...................................................................54 **Resolution#62 — Local Law #4 — 2007 Amendment to Zoning Law .............................................. 56 REGULAR TOWN BOARD MEETING DECEMBER 11, 2007.................................................................... 57 **Resolution#63 — Attorney to Work with PB on DD...................................................................... 57 **Resolution#64 — Matching Grant Money for Ag Zone................................................................. 57 **Resolution# 65 — Budget Modifications......................................................................................58 **Resolution# 66 — Form Committee for Water Study................................................................... 58 **Resolution#67—Comprehensive Plan Communication...............................................................58 **Resolution#68 — Employee Gift Certificates................................................................................58 **Resolution#69— Memorial Contribution —Christine Springer.....................................................58 JANUARY9, 2007 REGULAR TOWN BOARD MEETING/ORGANIZATIONAL MEETING **Resolution#1- Budget Modifications ACCOUNT A FUND BOARD PS 1010.1 BOARD CE 1010.4 JUSTICE PS 1110.1 SUPER PS 1220.1 AUDITOR 1230.4 1320.4 BLDGS CE 1620.4 PRINT&MAIL 1670.4 DOG CONT 3510.4 H W SUPER 5010.1 C GARAGE 5132.4 STREET LTS 5182.4 YOUTH PS 7210.1 7310.1 FICA 9030.8 HEALTH INS 9060.8 CONTINGENT 1990.4 B FUND YEAR END 2006 BUDGET MODIFICATIONS DEC BAL YE EXP INCREASE DECREASE -0.16 0 0.16 -125.69 0 125.69 -0.22 0 0.22 -188.47 0 188.47 -0.04 0 0.04 1978.07 2177.35 199.28 -1782.8 911.8 2694.6 -0.1 0 0.1 -0.12 0 0.12 -484.14 632.17 1126.31 -38.68 131.29 169.97 -252.5 0 252.5 -791.45 0 791.45 -139.4 0 139.4 14500 0 5688 TOTALS 5688.31 5688 BLD.INS PS3620.1 -0.12 0 0.12 PLAN. CE 8020.4 14067.69 15000 932.31 FICA 9030.8 -1559.28 0 1559.28 W. COMP 9040.8 -8.66 0 8.66 DIS INS 9055.8 -24.65 0 24.65 HEALTH INS 9060.8 -1210.85 1210.85 CONTINGENT 9990.4 10318.88 0 TOTAL 3735.87 DA FUND EQPT R PS 5130.1 -5282.95 0 5282.95 EQPT R CE 5130.4 311.01 3059.63 2748.62 HEALTN INS 9060.8 -1010.41 0 1010.41 EQPT EQ 5130.2 10486 0 TOTAL 9041.98 DB FUND GEN REP PS5110.1 -5144.67 0 5144.67 PER IMP EQ 5112.2 -3392.87 0 3392.87 FICA 9030.8 -1472.58 0 1472.58 GEN REP CE 5110.4 7920.98 103.53 W COMP 9040.8 2097.63 0 HEALTH INS 9060.8 269 0 TOTAL 10010.12 3736 3736 9042 9042 7817 2098 95.34 10010 BE IT RESOLVED that the Town Board of the Town of Ulysses approve the 2006 Budget Modifications as presented by Supervisor Austic. FURTHER RESOLVE that Supervisor Austic is authorized to make any other modifications to balance the budget and after said 2006 Budget is balanced Mr. Austic will prepare a financial report for the Town Board. **Resolution#2 - Monthly Board Mtgs. Date/Designate News Media/Set Mileage Rate/Highway Superintendent Authorized Expenses up to $3000/Building & Maintenance Incur Expenses up to $1500/Bond Undertakings/Annual Financial Report/Ithaca Journal Designated Publication/TC Trust Depository/Town Investment Policy/Pau in Advance Contracts 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. 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. BE IT RESOLVED mileage at a rate of 48.5 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. 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. 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. BE IT RESOLVED the following bond undertakings for Town Officials is hereby approved as follows: A. Town Clerk/Tax Collector $250,000 B. Justices (2) $4,000 each C. Court Clerical $4,000 D. Code Enforcement Officier $1,000 E. Highway Superintendent $1,000 F. Town Supervisor $500,000 G. Deputy Supervisor $15,000 H. Deputy Town Clerk $15,000 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. BE IT RESOLVED the Ithaca Journal shall be and are hereby designated as the official Town publication. 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, FURTHER RESOLVED the Town investments can be made at other banks as outlined in the Towns investment policy. BE IT RESOLVED the Town Board authorizes the Supervisor to pay in advance of audit of claims for utilities, postage and equipment rental leases which if delayed may result in loss of discounts or the accrual of service charges. **Supervisor Appointments A. Town Historian Karen Dickson/ Nancy Dean B. Deputy Supervisor Dick Coogan C. Liaison to Highway Dept. Doug Austic D. Building Maintenance Doug Austic E. TCMOA Planning Com. Roxanne Marino F. Liaison to Village Bd. Rod Ferrentino G. Personnel Liaison. Don Ellis H. Planning Bd./BZA Liaison Roxanne Marino I. Fire Dept. Liaison Lucia Tyler J. Bookkeeper Doug Austic **Resolution#3 - Town Board Appointments A. Code Enforcement Officer Alex Rachun B. Deputy Code Enforcement Officer Mark Hassan C. Deputy Code Enforcement Village Contract D. Planning Board Chair Ken Zeserson E. Planning Board Member Ken Zeserson 7yr term G. Zoning Chair George Tselekis H. Rep. Human Services Coal Richard Coogan I. Board of Assessment Review (2) Richard Coogan / Carolyn Duddleston I. Election Custodians (2) T.0 appointments J. Cleaning Contract Laurie MacCheyne K. County Youth Bureau Rep. Vacant L. Joint Youth Comm. Liaison Roxanne Marino M. Cayuga Lake Watershed Rep. Richard Coogan N. Attorney for the Town Mariette Geldenhuys 0. Environ. Mngt. Council (EMC) Lucia Tyler P. Econ. Opportunity (EOC) Vacant Q. TCMOA Planning Rep. Richard Coogan R. Reps. To Joint Youth Comm. Deb Austic/ Michelle **Resoltion#4 - Wages/Salaries/Time Cards/Individual on Agenda/Special Vonderweidt T. Ithaca/Tompkins County Transportation Council Planning Committee Sue Poelvoorde U. Ithaca/Tompkins County Transportation Council Policy Committee Lucia Tyler V. TC Emergency/ Disaster Comm. Jason Fulton / Rod Ferrentino W. TCAD Representative Don Ellis/Doug Austic X. Fair Board Liaison Don Ellis Y. Stormwater Mngt. Rep. Richard Coogan Z. Water Resources Council Lucia Tyler Aa. Zoning Board of Appeals Andy Glasner -5 yr term Bb. TCCOG Rep. Doug Austic / Don Ellis (a) Cc. Rec. Partnership rep Roxanne Marino / Doug **Resoltion#4 - Wages/Salaries/Time Cards/Individual on Agenda/Special Needs/Department Audits WAGES AND SALARIES FOR 2007 ELECTED OFFICIALS: Town Supervisor $11365 yr Town Council (4) $3641/ yr Ea. Town Clerk/Collector $43129/ yr Highway Superintendent $50905/ yr Town Justice (2) $14037/yr Ea. APPOINTED OFFICIALS AND EMPLOYEES Bookkeeper $18044 yr Deputy Town Clerk $26000/yr Deputy Supervisor $16.55/hr Building Inspector $19066/yr Zoning Officer $18096/yr Deputy Zoning Officer $16.00/hr Justice Clerical $28642/yr Planning/Zoning Clerk $14.15/ hr Deputy Highway Superintendent $18.63/ hr Highway Employees $14-18.10/ hr Planning Manager $16.55/hr Stormwater Manager $16.55/hr Board Coordinator $16.55/hr 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. 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. 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) BE IT RESOLVED that the Town Board of the Town of Ulysses will do the Annual Audit of the books for each department on January 20, 2007 at 8 am (by law on or before 1/20). "Resolution#5 - Highway Shared 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#6 - Designate Representative to NYS Association of Towns Meeting Mr. Ellis moved, seconded by Ms. Marino to nominate Richard Coogan as the Town of Ulysses representative at the Annual NYS Association meeting. **Resolution#7 - Letter of Complaint to Seneca County Code Officer Re> Junk in Seneca Rd. Mr. Ellis moved, seconded by Mr. Austic that Mr. Ellis will write a letter of complaint to the Seneca County Code Enforcement Office Ken Canfield, on behalf of the Town Board. JANUARY 22, 2007 SPECIAL TOWN BOARD MEETING **Public Hearing Set for Local Law #1 local law for the enforcement of the NYS Uniform Fire Prevention and Building Code. The Public Hearing was set for February 13th at 7:15 pm FEBRUARY 13, 2007 - PUBLIC HEARING ON LOCAL LAW#1 - ENFORCEMENT OF NYS UNIFORM FIRE PREVENTION AND BUILDING CODE. FEBRUARY 13, 2007 - REGULAR TOWN BOARD MEETING **Resolution#B - SMSI GRANT AUTHROIZATION SMSI GRANT AUTHROIZATION Whereas the Town of Ulysses has accepted the grant award of $45,540.00 as per award letter of December 29, 2006 to work cooperatively with the Towns of Caroline and Newfield to investigate the possibility of establishing a shared Stormwater Enforcement Officer to potentially decrease the cost of the expense to each town, and Whereas the mode of funding claims for the SMSI grant has been changed for the 2007 year by not awarding any up -front money to pay expenses until reimbursement claims are received, and Whereas there is a need to have money available to pay expenses as they incurred and before reimbursements are received by the administrator town, the Town of Ulysses. Now Therefore it be Resolved that the Town of Ulysses make available as needed up to $10,000 to be used to pay accrued expenses of the SMSI grant process. Be it further resolved that when the expense reimbursements are received that the Town of Ulysses up -front money will be paid back to the Town. **Resolution#9 - Association of Towns Resolutions Be It Resolved by the Town Board of the Town of Ulysses to except all the resolutions presented by the Association of Towns and Mr. Coogan the Towns representative at the Associations Annual meeting will forward the vote. **Resolution#10 - Veterans Exemption BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the Veterans Alternative Exemption proposed by the County for the year 2008 using the following scale. Veterans Scale • Basic $15,000 • Combat 25,000 • Disabled 50,000 **Resolution#11 - Operating Under Roberts Rules of Order BE IT RESOLVED that the Town Board of the Town of Ulysses operated under Roberts Rules of Order procedures until we can get other ones passed. **Resolution#12 - Local Law #1-2007 - A LOCAL LAW PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE Whereas: The New York State Department of State requires that every municipality in the state who enforces the NYS Uniform Code enact a local law governing the implementation and enforcement of the NYS Uniform Code, and Whereas: NYDOS has provided municipalities with a model local law providing for such enforcement, and Whereas: The Attorney for the Town has reviewed the model law and has made suggestions which were incorporated into the state's model to suite the needs of the Town of Ulysses, and Whereas: A public hearing on the model law was duly advertised and held at the Ulysses Town Hall on February 13 at 7:15 PM, and hearing no substantial objections to the modified NYS model local law, Now Therefore it be Resolved That: The Town of Ulysses Town Board does herby enact Local Law # 1 of 2007 to provide for the enforcement of the NYS Uniform Fire Prevention and Building code as hereby presented with specific modifications for the Town of Ulysses. LOCAL LAW PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE Local Law # 1 of 2007. Be it enacted by the Town Board of the Town of Ulysses, in the County of Tompkins, as follows: SECTION 1. PURPOSE AND INTENT This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Town. This local law is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this local law. In addition, this local law supersedes and revokes all of the provisions of Local Law # 2 of 1985. SECTION 2. DEFINITIONS In this local law: "Building Permit" shall mean a permit issued pursuant to section 4 of this local law. The term "Building Permit" shall also include a Building Permit which is renewed, amended or extended pursuant to any provision of this local law. `Certificate of Occupancy" shall mean a certificate issued pursuant to subdivision (b) of section 7 of this local law. Such a Certificate shall be issued by the Code Enforcement Officer and generally shall be issued to certify that all work completed on a new building has been completed as per the plans submitted and is compliant with all of the requirements of the Uniform Code and any other applicable rules and regulations, or is suitable for compliance for the occupancy for which the certificate is issued. "Certificate of Compliance" shall mean a certificate issued pursuant to subdivision (b) of section 7 of this local law. The Certificate of Compliance shall be issued by the Code Enforcement officer generally for the purpose of certifying that all work completed on existing buildings and new buildings and structures not containing habitable space is as per the plans submitted and is in compliance with the requirements of the Uniform Code and all other applicable rules and regulations. "Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this local law. "Code Enforcement Personnel" shall include the Code Enforcement Officer and all Inspectors. "Compliance Order" shall mean an order issued by the Code Enforcement Officer pursuant to subdivision (a) of section 15 of this local law. "Energy Code" shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time. "Inspector" shall mean an inspector appointed pursuant to subdivision (d) of section 4 of this local law. "Operating Permit" shall mean a permit issued pursuant to section 10 of this local law. The term "Operating Permit" shall also include an Operating Permit which is renewed, amended or extended pursuant to any provision of this local law. "Permit Holder" shall mean the Person to whom a Building Permit has been issued. "Person" shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description. "Stop Work Order" shall mean an order issued pursuant to section 6 of this local law. "Temporary Certificate" shall mean a certificate issued pursuant to subdivision (d) of section 7 of this local law. "Town" shall mean the Town of Ulysses. "Uniform Code" shall mean the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time. SECTION 3. CODE ENFORCEMENT OFFICER AND INSPECTORS (a) The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this local law. The Code Enforcement Officer shall have the following powers and duties: (1) to receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits, and the plans, specifications and construction documents submitted with such applications; (2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits, and to include in Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate; (3) to conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this local law; (4) to issue Stop Work Orders; (5) to review and investigate complaints; (6) to issue orders pursuant to subdivision (a) of section 15 (Violations) of this local law; (7) to maintain records; (8) to collect fees as set by the town Board of this Town; (9) to pursue administrative enforcement actions and proceedings; (10) in consultation with this Town's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and (11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this local law. (b) The Code Enforcement Officer shall be appointed by the Town Board. The Code Enforcement Officer shall possess background experience related to building construction and/or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated there under. (c) In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this local law. (d) One or more Inspectors may be appointed the Code Enforcement Officer to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this local law. Each Inspector shall, within the time prescribed by law, obtain such basic training, in- service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated there under. (e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Town Board of this Town. SECTION 4. BUILDING PERMITS. (a) Building Permits Required. Except as otherwise provided in subdivision (b) of this section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Code Enforcement Officer. (b) Exemptions. No Building Permit shall be required for work in any of the following categories: (1) construction or installation of one story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.88 square meters); (2) installation of swings and other playground equipment associated with a one - or two-family dwelling or multiple single-family dwellings (townhouses); (3) installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; (4) installation of fences which are not part of an enclosure surrounding a swimming pool; (5) construction of retaining walls unless such walls support a surcharge or impound Class I, 11 or IIIA liquids; (6) construction of temporary motion picture, television and theater stage sets and scenery; (7) installation of window awnings supported by an exterior wall of a one - or two-family dwelling or multiple single-family dwellings (townhouses); (8) installation of partitions or movable cases less than 5'-9" in height; (9) painting, wallpapering, tiling, carpeting, or other similar finish work; (10) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (11) replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or (12) repairs, provided that such repairs do not involve (i) the removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (ii) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (iii) the enlargement, alteration, replacement or relocation of any building system; or (iv) the removal from service of all or part of a fire protection system for any period of time. (c) Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (b) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. (d) Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (1) a description of the proposed work; (2) the tax map number and the street address of the premises where the work is to be performed; (3) the occupancy classification of any affected building or structure; (4) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and (5) at least 2 sets of construction documents (drawings and/or specifications) which (i) define the scope of the proposed work; (ii) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (iii) indicate with sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (v) where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines. (e) Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. (f) Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. (g) Building Permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. (h) Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued. (i) Time limits. Building Permits shall become invalid unless the authorized work is commenced within 6 months following the date of issuance. Building Permits shall expire 12 months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer. 0) Revocation or suspension of Building; Permits. If the Code Enforcement Officer determines that a Building Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. (k) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit. SECTION 5. CONSTRUCTION INSPECTIONS. (a) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer when any element of work described in subdivision (b) of this section is ready for inspection. (b) Elements of work to be inspected. The following elements of the construction process shall be inspected made, where applicable: (1) work site prior to the issuance of a Building Permit; (2) footing and foundation; (3) preparation for concrete slab; (4) framing; (5) building systems, including underground and rough -in; (6) fire resistant construction; (7) fire resistant penetrations; (8) solid fuel burning heating appliances, chimneys, flues or gas vents; (9) Energy Code compliance; and (10) a final inspection after all work authorized by the Building Permit has been completed. (c) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, re- inspected, and found satisfactory as completed. (d) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time of each inspection performed pursuant to this section. SECTION 6. STOP WORK ORDERS. (a) Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work Order to halt: (1) any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or (2) any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or (3) any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked. (b) Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated and signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. (c) Service of Stop Work Orders. The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the Permit Holder, on the Permit Holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. (d) Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder and any other Person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order. (e) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in subdivision (a) of this section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under section 15 (Violations) of this local law or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order. SECTION 7. CERTIFICATES OF OCCUPANCY/ CERTIFICATES OF COMPLIANCE (a) Certificates of Occupancy required. A Certificate of Occupancy shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or sub -classification to another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy. (b) Issuance of Certificates of Occupancy or Certificates of Compliance. The Code Enforcement Officer shall issue a Certificate of Occupancy or a Certificate of Compliance if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or sub -classification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy or Certificate of Compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy or Certificate of Compliance shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate.: (1) a written statement of structural observations and/or a final report of special inspections, and (2) flood hazard certifications. (c) Contents of Certificates of Occupancy or Certificates of Compliance. A Certificate of Occupancy or Certificate of compliance shall contain the following information: (1) the Building Permit number, if any; (2) the date of issuance of the Building Permit, if any; (3) the name, address and tax map number of the property; (4) if the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which the Certificate is issued; (5) the use and occupancy classification of the structure; (6) the type of construction of the structure; (7) the assembly occupant load of the structure, if any; (8) if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; (9) any special conditions imposed in connection with the issuance of the Building Permit; and (10) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy or Certificate of Compliance and the date of issuance. (d) Temporary Certificate. The Code Enforcement Officer shall be permitted to issue a Temporary Certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a Building Permit. However, in no event shall the Code Enforcement Officer issue a Temporary Certificate unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate, may be occupied safely, (2) that any fire- and smoke -detecting or fire protection equipment which has been installed is operational, and (3) that all required means of egress from the building or structure have been provided. The Code Enforcement Officer may include in a Temporary Certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A Temporary Certificate shall be effective for a period of time, not to exceed 6 months, which shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate. During the specified period of effectiveness of the Temporary Certificate, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code. (e) Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy, Certificate of Compliance or a Temporary Certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate. (f) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Certificate of Occupancy, Certificate of Compliance or for Temporary Certificate. SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION. The chief of any fire department providing fire fighting services for a property within this Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent. SECTION 9. UNSAFE BUILDING AND STRUCTURES Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the following procedures: (a) The reason for the unsafe determination of the building, structure or equipment shall be made and documented by the Code Enforcement Officer. (b) The owner of the building, structure or equipment deemed to be unsafe shall be notified within 48 hours of the determination by Certified mail as to the specifics of the unsafe determination and notified that the building, structure or equipment shall not be used until the non-compliant issues are remedied and re -inspected by the Code Enforcement Personnel making the original determination. (c) Failure to remedy the unsafe condition may result in legal actions to enforce the intent of this law. SECTION 10. OPERATING PERMITS. (a) Operation Permits required. Operating Permits shall be required for conducting the activities or using the categories of buildings listed below: (1) manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR section 1225.1; (2) hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling; (3) use of pyrotechnic devices in assembly occupancies; (4) buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and (5) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of this Town. Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such activity or operation. (b) Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant. (c) Inspections. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit. (d) Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this section is to be conducted at a location, the Code Enforcement Officer may require a separate Operating Permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single Operating Permit to apply to all such activities. (e) Duration of Operating Permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any Operating Permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code Enforcement Officer to be consistent with local conditions. The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer. (f) Revocation or suspension of Operating Permits. If the Code Enforcement Officer determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended. (g) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit. SECTION 11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS (a) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at the following intervals: (1) Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every twelve (12) months. (2) Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every twelve (12) months. (3) Fire safety and property maintenance inspections of all multiple dwellings not included in paragraphs (1) or (2) of this subdivision, and all non- residential buildings, structures, uses and occupancies not included in paragraphs (1) or (2) of this subdivision, shall be performed at least once every 36 months. (b) Inspections permitted. In addition to the inspections required by subdivision (a) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon: (1) the request of the owner of the property to be inspected or an authorized agent of such owner; (2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3) receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. (c) OFPC Inspections. Nothing in this section or in any other provision of this local law shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law section 156-e and Education Law section 807-b. Notwithstanding any other provision of this section to the contrary: (1) the Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every twelve (12) months; (2) the Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every twelve (12) months; (3) the Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a multiple dwelling not included in paragraphs (1) or (2) of subdivision (a) of this section if OFPC performs fire safety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in paragraph (3) of subdivision (a) of this section; and (4) the Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a non-residential building, structure, use or occupancy not included in paragraphs (1) or (2) of subdivision (a) of this section if OFPC performs fire safety and property maintenance inspections of such non- residential building, structure, use or occupancy at intervals not exceeding the interval specified in paragraph (3) of subdivision (a) of this section.] (d) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time each inspection performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC. SECTION 12. COMPLAINTS The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate: (a) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (b) if a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in section 15 (Violations) of this local law; (c) if appropriate, issuing a Stop Work Order; (d) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. SECTION 13. RECORD KEEPING. (a) The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of: (1) all applications received, reviewed and approved or denied; (2) all plans, specifications and construction documents approved; (3) all Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits issued; (4) all inspections and tests performed; (5) all statements and reports issued; (6) all complaints received; (7) all investigations conducted; (8) all other features and activities specified in or contemplated by sections 4 through 12, inclusive, of this local law, including; and (9) all fees charged and collected. (b) All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto shall be retained for at least the minimum time period so required by State law and regulation. SECTION 14. PROGRAM REVIEW AND REPORTING (a) The Code Enforcement Officer shall annually submit to the Town Board of this Town a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in section 13 (Record Keeping) of this local law and a report and summary of all appeals or litigation pending or concluded. (b) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town relative to administration and enforcement of the Uniform Code. (c) The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code. SECTION 15: VIOLATIONS (a) Compliance Orders. The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this local law. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a Compliance Order. The Compliance Order shall (1) be in writing; (2) be dated and signed by the Code Enforcement Officer; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this local law; (4) specify the provision or provisions of the Uniform Code, the Energy Code, or this local law which is/are violated by the specified condition or activity; (5) specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; (6) direct that compliance be achieved within the specified period of time; and (7) state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Code Enforcement Officer shall cause the Compliance Order, or a copy thereof, to be served on the owner of the affected property personally or by Certified Mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Compliance Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by Certified Mail ; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order. (b) Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code. (c) Civil Penalties. In addition to those penalties proscribed by State law, any Person who violates any provision of the Uniform Code, the Energy Code or this local law, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of this Town. (d) Injunctive Relief. An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this local law, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Compliance Order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this local law, or any Stop Work Order, Compliance Order or other order obtained under the Uniform Code, the Energy Code or this local law, an action or proceeding may be commenced in the name of this Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Town Supervisor of this Town. (e) Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 382of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section 382 of the Executive Law. SECTION 16: FEES A fee schedule shall be established by resolution of the Town Board of this Town. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this local law. SECTION 17. INTERMUNICIPAL AGREEMENTS The Town Board of this Town may, by resolution, authorize the Town Supervisor of this Town to enter into an agreement, in the name of this Town, with other governments to carry out the terms of this local law, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law. SECTION 18. PARTIAL INVALIDITY If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law. SECTION 19. EFFECTIVE DATE This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law. "Resolution#13 - LOAL LAW #2 - 2007 EMERGENCY RADIO COMMUNICATIONS PROTECTION LAW LOCAL LAW #2 - 2007 EMERGENCY RADIO COMMUNICATIONS PROTECTION LAW PURPOSE: The purpose of this local law is to prevent interference with the countywide public safety radio communications system which is used by emergency service providers in this municipality and throughout Tompkins County. FINDINGS - 1. Any structure exceeding fifty feet in height above the ground is a potential cause of interference, interruption or severe degradation of the countywide public safety radio communications system; 2. The public safety communications system was constructed at considerable cost to taxpayers; 3. This municipality has invested funds to provide emergency service workers with training and communications equipment to enable these emergency service providers to effectively use the communication system; 4. The countywide communications system is crucial to the provision of police, fire, medical, ambulance and other public services for those who work, reside or own property in this municipality; 5. It is imperative that the emergency communications system be protected from interference, interruption or degradation by the construction or modification of any buildings or structures within the municipality. REQUIREMENTS: A. No person may construct or modify any structure, including but not limited to any building, silo or windmill, exceeding fifty feet in height above the ground without following the provisions of this local law; B. No persons shall construct or modify any structure unless they submit detailed design plans for the structure to the municipality. In addition to any other permit or application fees, a fee of $100 must be submitted to the municipality in order to cover the County's cost of hiring a radio communications expert to determine whether the proposed new construction is likely to interfere with the countywide radio communications system; C. In the event of potential interference the applicant shall be notified. If the applicant wish to proceed with the application they shall be required to pay any additional costs for the radio communications expert to analyze the potential interference and to propose appropriate remediation. D. In the event that the retained radio communications expert determines that the construction or modification may result in interference, interruption or degradation of the countywide communication system any approval of the site plan application shall be conditioned upon the applicant making any and all remedial measures that the expert determines are needed in order to avoid the interference, interruption or degradation; E. No permit shall be given and no construction, alteration or modification may I take place to any such building or structure until the radio communications expert notifies the municipality that the structure will not interfere with the county -wide radio communication system. ENFORCEMENT: A. The provisions of this local law may be enforced by the Municipality or the County and shall include, but not be limited to, an injunction or specific performance. Any person in violation of this local law shall be responsible for all costs and attorney's fees incurred by the municipality or the County in enforcing the provisions of this law. B. The violation of this local law shall constitute an offense, and a person guilty of such offense may be punished by a fine not exceeding $250.00. EFFECTIVE DATE: This local law shall become effective upon filing with the Secretary of State. **Resolution #14 - Planning Board Appointment David Kerness BE IT RESOLVED that the Town Board of the Town of Ulysses appoint David Kerness to the Planning Board based on the recommendation from the Planning Board to fill the unexpired term of Margo Chiuten. PUBLIC INFORMATIONAL MEETING HOUSING REHABILITATION PROGRAM HEARING FEBRUARY 26, 2007 SPECIAL TOWN BOARD MEETING FEBRUARY 26, 2007 **Resolution#15 - Establish Snow & Ice Removal Reserve Whereas the Town of Ulysses desires to protect its taxpayers from the unexpected cost of the additional snow and ice removal for an unusual winter storm and the additional tax burden associated with such a clean up, and Whereas General Municipal Law (GML) section 6-f allows and encourages municipal corporations to create such a reserve for taxpayer protection, and Whereas General Municipal Law creates specific guidelines for the funding and use of such reserve in the event of such a storm, and Whereas the Town of Ulysses has budgeted money for a reserve to cover the cost of such unexpected costs in the 2007 budget, Now Therefore Be It Resolved that The Town of Ulysses Town Board create a Snow and Ice Removal Reserve within the Town -wide Highway (DA) Fund as provided for in GML section 6 -funding it with the budgetary amount of $10000.00 (line DA9950.93) for the year 2007 and if needed add to the reserve in subsequent years to a level of comfort in having sufficient funds to cover expenses of such a winter storm or to replace funds used as prescribed in GML section 6-d (2). **Resolution #16 - Employee Benefit Accrued Liability Reserve Fund Whereas the increasing cost of accrued employee benefits and their potential burden upon an annual budget as employees retire or are separated from town employment may create a burden on the taxpayer of Ulysses, and Whereas the Town of Ulysses required to pay accrued benefits amounting to tens of thousands of dollars upon such terminations of service as dictated by the Town's Personnel Policy, and Whereas General Municipal Law section 6-p allows municipal corporations to create and fund such a reserve. Now Therefore Be it Resolved that the Town of Ulysses Town Board establishes all Employee Benefit Accrued Liability Reserve Fund as allowed under GML section 6-p for all Town Employees in General A Fund and DA Fund and, Further Be It Resolved that the contribution to the establishment of this reserve be $6000 (line A9903.9) as established in the 2007 budget and gradually increased by appropriations in future years budgets to an amount equal to at least one half of the outstanding accrued employee benefit liability as established through the personnel records and Supervisor's accounting. **Resolution#17 - Employee Benefit Accrued Liability Reserve Fund Whereas the increasing cost of accrued employee benefits and their potential burden upon an annual budget as employees retire or are separated from town employment may create a burden on the taxpayer of Ulysses, and Whereas the Town of Ulysses required to pay accrued benefits amounting to tens of thousands of dollars upon such terminations of service as dictated by the Town's Personnel Policy, and Whereas General Municipal Law section 6-p allows municipal corporations to create and fund such a reserve. Now Therefore Be it Resolved that the Town of Ulysses Town Board establishes all Employee Benefit Accrued Liability Reserve Fund as allowed under GML section 6-p to cover all Town Employees in B Fund and DB Fund and, Further Be It Resolved that the contribution to the establishment of this reserve be $6000 (from unreserved B Fund balance) as established in the 2007 budget and gradually increased by appropriations in future years budgets to an amount equal to at least one half of the outstanding accrued employee benefit liability as established through the personnel records and Supervisor's accounting. **Resolution#18 - Emergency Reserve Fund BE IT RESOLVED that the Town Board of the Town of Ulysses transfer $10,000 to Al 990.4 Contingency from the Energy Reserve A9901.91. **Resolution#19 - Payroll and Personnel Records WHEREAS, payroll and personnel records may contain items which are exempt from disclosure under the Freedom of Information Law (Public Officers Law Article 6) because the information, if disclosed, would constitute an unwarranted invasion of personal privacy; and WHEREAS, payroll and personnel records of the Town of Ulysses are maintained under strict control of the Town Supervisor's office to maintain the privacy of the Town's employees; and WHEREAS, by nature of their office, Town Board members have the right to view all records of the town at any time upon request to ensure that records are kept as required by applicable laws, policies and regulations; and WHEREAS, the Town Board wishes to establish a policy regarding duplication of payroll and personnel records which will protect town employees from an unwarranted invasion of personal privacy; NOW, THEREFORE BE IT RESOLVED that Originals of payroll and personnel records of Town employees will be maintained in the Town Hall at all times. 2. Upon request, Town Board members may receive copies of such records, provided that such records are redacted to remove any information which would result in an unwarranted invasion of personal privacy, as defined in §89(2)(b) of the Public Officers Law, or any subsequent amendment thereof, and further provided that the redacted records will contain all information necessary for Town Board members to review the total payroll expenses and exercise their responsibility to oversee the Town budget. REGULARTOWN BOARD MEETING MARCH 13, 2007 **Resolution#20 - Stormwater Law, Local Law #3 - 2007. WHEREAS NYSDEC has designated sections of the Town of Ulysses to be classified as a Municipal Separate Stormwater Sewer Systems (MS4) area, and has also established that such MS4 municipalities are required to enact a Local Law governing Stormwater management and erosion control practices within the municipality, and WHEREAS the Town of Ulysses Town Board duly appointed a committee to review and make recommendations for such law, and that the committee recommended that the Model Stormwater Law provided by NYSDEC fits the needs of the Town at this time, and WHEREAS the Model Law was presented to the public at a duly advertised public hearing at the Ulysses Town Hall on January 9th, 2007 at 7 pm and there were no opposing comments about the Model Law at that public hearing as noted in the minutes of the hearing, NOW THEREFORE IT BE RESOLVED that the Ulysses Town Board enacts Local Law #3 of 2007 to incorporate the requirements for MS4 communities to establish requirements governing Stormwater management and erosion and sediment control procedures for the Town of Ulysses. **Resolution#21 - Small Cities Community Development Block Grant WHEREAS the New York State Office for Small Cities has issued a Notice of Funding Availability for Small Cities Community Development Block Grant (CDBG) Funding, and WHEREAS municipalities in New York State are eligible to apply for assistance with community development needs such as housing, micro enterprise, public facilities or economic development, and WHEREAS the Town of Ulysses is an eligible community with significant housing rehabilitation needs, as evident by survey work completed by Better Housing for Tompkins County, Inc., THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses authorize an application to the NY State Office for Small Cities for $400,000 to assist low-income homeowners with housing rehabilitation in the Town of Ulysses outside the Village. **Resolution#22 - Discuss Map. Plan & Report for Water District #5 Mr. Austic moved, seconded by Mr. Ferrentino to discuss the Map, Plan, and Report for Water District #5. **Resolution#23 - Appointment to Comprehensive Plan Committee BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Rod Hawks to the Ulysses Comprehensive Plan Committee. Special Town Board Meeting March 20, 2007 Discussion on Application of Annexation of Auble Property **Resolution#24 - Small Cities Block Grant WHEREAS the Town of Ulysses is interested in applying to the Small Cities Block Grant and is eligible to apply, WHEREAS Better Housing has completed the initial needs survey work for the and is agreeable to making application to HUD on behalf of the Town of Ulysses for funds to be used for housing rehabilitation projects for qualifying town residents, THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Better Housing of Tompkins County to act as our agent in application for such grant. SPECIAL TOWN BOARD MEETING MARCH 23, 2007 Discussion of Barton & Loguidice Feb 26, 2007 draft report to the Town Board on Infrastructure Needs /Trumansburg Primary Water Supply Assessment SPECIAL TOWN BOARD MEETING MARCH 26, 2007 **Resolution#25 - Service Agreement with Cornell Research Survey Institute BE IT RESOLVED that the Town Board of the Town of Ulysses approve the Service Agreement with Cornell Research Survey Institute and authorize that Supervisor Austic signed this agreement. FURTHER RESOLVE that the letter of October 23, 2006 be attached as Exhibit A and a letter accompanying the agreement stating that the Town of Ulysses wishes the return of the `survey materials' be returned after the work is completed and final payment is made by the Town. REGULAR TOWN BOARD MEETING April 10, 2007 Discussion of Water District #5 SPECIAL TOWN BOARD MEETING APRIL 23, 2007 **Resolution#26 - Spruce Row Request Referred to Planning Board BE IT RESOLVED that the Town Board of the Town of Ulysses refer this action to the Planning Board and request Mr. Scott to provide information that would be provided for Site Plan Review for the Planning Board to review and present their recommendation to the Town Board. **Resolution#27 - Schedule Joint Village Meeting / Discuss Water District #5 BE IT RESOLVED that the Town Board of the Town of Ulysses schedule a joint Village, Town Board meeting prior to the May 8th Regular Town Board Meeting for the purpose of discussing Water District #5. FURTHER RESOLVE that Mr. Austic provide in writing to all Village and Town Board members a written statement of buying water from the Village. REGULAR TOWN BOARD MEETING MAY 8, 2007 **Reolution#28 - Seek Bids for Salt Box BE IT RESOLVED that the Town Board of the Town of Ulysses authorize James Meeker, Highway Superintendent to seek bids for a 14' stainless steel salt box. **Reslution#29 - Late Charges on Water Bills BE IT RESOLVED that the Town Board of the Town of Ulysses notify the customer that she has to pay the late charge. **Resolution#30 - Study on Water District #5 BE IT RESOLVED that the Town Board of the Town of Ulysses resolved that the Town Board will contract with an engineering firm to conduct a study of the requirements and feasibility of the water acquisition plan for the proposed Water District 5 (WD#5) that Supervisor Austic presented to the Town Board and Village trustees on May 3, 2007. This study will supplement the January 2006 Draft Engineering Report on WD#5 prepared by Barton & Loguidice. When complete, the final report from the study will include all of the following: An analysis of the water volume needs source, distribution, and infrastructure requirements necessary to implement such water acquisition proposal. A letter or memorandum of understanding from the Village of Trumansburg indicating that their well has, or can have, the permitted capacity to supply the necessary volume of water (93,000 gal / day) to W D#5. A letter or memorandum of understanding from the Tompkins County DOH indicating that they would approve of 1) the mixing of Village of Trumansburg and Bolton Point source water that would result if the new water acquisition strategy proposed for WD#5 is implemented, and 2) the use of such water as a supply to Ulysses WD#3, WD#5, and possibly some customers in the Town of Ithaca, if required as part of the plan. A letter or memorandum of understanding from the Town of Ithaca indicating that the mixing of Village of Trumansburg water with Bolton Point water at the Woolf Lane pumping station would be acceptable to them. This letter should also address whether the Town of Ithaca would be amenable to the possibility of the Town of Ulysses supplying some of the Town of Ithaca customers currently served from the Woolf Lane facility with this water, if required as part of the plan. BE IT FURTHER RESOLVED that the Town of Ulysses will send the completed, final report of the study to the Environmental Facilities Corporation and the New York State Department of Health with a request to review and provide an opinion to the Town as to whether the proposed change in the water supply structure of WD#5 from that described in the January 2006 Draft Engineering report would be acceptable within the hardship determination and financing offer awarded to the Town in June 2006. FURTHER RESOLVE to include a report from the engineer to address whether or not this acquisition plan brings additional costs to the project. **Resolution#31- New York State Legislature amend Fish and Wildlife Law section 11- 0505 to provide for exceptions to the trapping prohibition under permit from the New York State Department of Environmental Conservation for research or management purposes RESOLUTION requesting that the New York State (NYS) legislature amend NYS Fish and Wildlife Law section 11-0505 to provide for exceptions to the trapping prohibition under permit from the New York State Department of Environmental Conservation (NYSDEC) for research or management purposes. WHEREAS, Tompkins County residents increasingly experience negative impacts associated with deer, including damage to agricultural operations, residential property damage, deer -related vehicle accidents, and ecological degradation; and WHEREAS, the primary tool for deer management, hunting, is not feasible in all locations experiencing deer -related impacts due to human safety concerns; and WHEREAS, New York State Fish and Wildlife Law section 11-0505, Interference with Fish and Wildlife, states that no deer or bear traps shall be made, set or used upon land inhabited by deer or bear; and WHEREAS, trapping and subsequently euthanizing deer under permit from the New York State Department of Environmental Conservation would provide a management option by which Tompkins County municipalities could address negative deer -related impacts when other management tools are not feasible; now therefore be it RESOLVED that the Tompkins County Council of Governments (which includes representatives of Tompkins County government and every village, town and city government in Tompkins County) requests that the New York State Legislature amend Fish and Wildlife Law section 11- 0505 to provide for exceptions to the trapping prohibition under permit from the New York State Department of Environmental Conservation for research or management purposes, and BE IT FURTHER RESOLVED that this resolution is forwarded to NYS Senators James Seward (51st District), George Winner (53rd District), and Michael Nozzolio (54th District), NYS Assemblywoman Barbara Lifton (125th District), and NYSDEC Commissioner Pete Grannis **Resolution#32 - Intermunicipal Shared Services Agreement. BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the Intermunicipal Shared Services Agreement. **Resolution#33 - Assessment of Town Phone Bills BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Mr. Austic to provide the information needed for the assessment of the Town's phone bills. SPECIAL TOWN BOARD MEETING MAY 21, 2007 **Resolution#34 - Adopt Rules & Procedure Changes in 4.3 BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the "Rules and Procedures" for meetings as presented here with the date February 13, 2007 with the changes in paragraph 4.3 the minutes to change from 5 minutes to 2 minutes provision and paragraph 6.1 delete Enactment or. PUBLIC HEARING JUNE 12, 2007 Storm Water Annual Report REGULAR TOWN BOARD MEETING June 12, 2007 **Resolution #35 - Update the Code of Ethics WHEREAS the 1970 Ulysses Town Code of Ethics is out of date and unenforceable. BE IT RESOLVED that the following text be added to the code to bring it into accordance with the Model Code of Ethics from the Association of Towns. The text of the inserted paragraphs is as follows: G. Appearance of Impropriety An officer or employee must avoid circumstances that compromise his ability to make decisions solely in the public interest or create an appearance of impropriety. H. Recusal An officer or employee must recuse himself when faced with the above conflicts. Recusal defined -Recusal means that the official may not deliberate, vote, or participate in anyway in such matter. The official should disclose his or her conflict and remove him or herself from the board. I. Town Property o employee shall use town property or assets for personal purposes or profit or to benefit a private party. Use of town property or assets is restricted to the conduct of official business and for the benefit of all residents. J. Nepotism Spouses and other family members may not serve in positions creating a conflict of interests, the appearance of a conflict or consolidation of power in one board. This would cause current paragraphs G and H of Section 3 of our current of ethics policy to be relabeled K and L. I further suggest that paragraphs la -Subordinates and 12 -Incompatible Positions of the Association of Towns Model Code of Ethics be relabeled as paragraphs M and N of Section 3. The text of the inserted paragraphs is as follows: M. Subordinates No official shall solicit political contributions from subordinates. N. Incompatible Positions In official is prohibited from (a) Holding positions when one is subordinate to the other (b) Holding positions when the duties of the positions conflict. A proper addition to Section 5 of our code to make it consistent with the model code would be to add provision for training as suggested. At the end of section 5, 1 suggest adding the following wording: The attorney for the town shall give annual training to Ulysses municipal officials concerning the requirements of the town code of ethics. For clarity, Section 6 should be replaced by a Section 6 entitled Board of Ethics. Any town of Ulysses employee or officer may submit in writing an ethical issue or concern to the Tompkins County Ethics Board for review. Section 7 of our Code of Ethics should be modified to reflect the time of the update. **Resolution# 36 — Fees Schedule Town of Ulysses Activity I Current Change Zoning Special Permit $100+costs >2000 sq ft Change in use $75.00 Demolition $2/K min $65 Development District $250+costs Rezoning $250+costs Zoning Board of Appeals Variance $75.00 $100+costs Public Hearing $75+ AD Building Permits 1 & 2 Family Residence up to 2000 sq ft $325.00 2001 to 3000 sq ft $425.00 over 3000 sq ft $525.00 Remolding $55 + $3/K Alteration $55 + $3/K Multi -Residential $225 + $3/K Accessory Building $55 + $3/K Pool, in ground $55.00 Pool, above ground $55.00 Sign $25.00 Woodstove $55.00 Commercial $425 + $4/K Fire Inspection $50+costs Operating Permits Mass Gathering $50.00 Multi -Residential $50.00 Planning Board Fees Sub -division Simple $50.00 Simple on Major Rte $75.00 $100.00 Minor (3 lots) $150.00 $200+ cost of water at Bulk Rate Major (4 or more lots) $300.00 Site Plan Review $75 + costs $150+costs E&SCP Review and Insp $150.00 SWPPP Review cost $100 + Engineering Fee Non -Compliance $25.00 $100/day and/or Stop Work Order Water District Fees Water Permit $125.00 $50 +water $200+ cost of water at Bulk Rate Pool, fill cost $50 +water cost of water at Bulk Rate Pool, fill if connected cost Backflow Inspection $25.00 included in O&M annual fee **Resolution#37 - Lead Agency for Annexation Application BE IT RESOLVED that the Town Board of the Town of Ulysses send notification to the Village of Trumansburg that the Town of Ulysses has no objection that the Village of Trumansburg are the lead agent for the SEAR on the application of Mr. Auble on annexation. **Resolution#38 - Ulysses Youth Opinion of Recreation Partnership BE IT RESOLVED that the Town Board of the Town of Ulysses request that the Ulysses Youth Commission make a recommendation on the value of continuing in the Recreation Partnership. SPECIAL TOWN BOARD MEETING JUNE 25, 2007 **Resolution#39 -Purchase Old Trumansburg Telephone Building WHEREAS the Trumansburg Telephone Company is ideally located for a Community Center located on Elm Street, behind the Town Hall, Tax Parcel #6-1-26. THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses in cooperation with the Village of Trumansburg, negotiate with Trumansburg Telephone Company the purchase of their garage property on Elm Street at a price up to $60,000 with the Town as a lead agent. **Resolution#40 - Financial Analysis of Village Revenues Losses The Village will lose $26,834 in annual water revenues and $14,680 annual sewer revenues (A calculation assumptions), for a total revenue loss of$41,514. It will gain an additional RP tax revenue of $11,218. The Village has a net loss in revenue of $30,296. PUCLIC HEARING JULY 10, 2007 Public Hearing on Cirri PUD Application REGULAR TOWN BOARD MEETING JULY 10, 2007 **Resolution#41- Recreation Partnership Agreement BE IT RESOLVED that the Town Board of the Town of Ulysses would continue in the Recreation Partnership provided we are satisfied with the final agreement and the final budget does not exceed a Town of Ulysses payment to the Recreation Partnership of $7000. REGULAR TOWN BOARD MEETING AUGUST 14, 2007 **Resolution#42 - Request for PUD Change at Spruce Row Camp BE IT RESOLVED that the Town Board of the Town of Ulysses turn Mr. Sherwood's request over to the Planning Board for review and recommendations for the right to sell campers and RV's to be added to permitted uses in his PUD. **Resolution#43 - Hire Koskinen's to make Number Signs BE IT RESOLVED that the Town Board of the Town of Ulysses hire Mr. Koskinen to build the resident house number signs. SPECIAL TOWN BOARD MEETING AUGUST 22, 2007 **Resolution#44 -Resolution to Put Aside the WD#5 Proposal and to Proceed with Planning for a Water District that is Equitable, Economically Solid, and Necessary for the Town Whereas the Town Board has extensively evaluated the value and impact of the proposed Water District #5 (WD #5) project as described in the November 2005 draft engineering report presented to the Town Board by Barton and Loguidice, including 1) considerable dialogue with the Village through the Joint Water Committee, 2) a recent engineering study examining concerns and shortcomings related to the provision of a second source of water to the Village of Trumansburg, and 3) an effort to accurately assess the financial and other impacts of the proposed project upon current and future subscribers to other water services in the Town, And these efforts have answered many questions and revealed some benefits, but also have revealed numerous flaws and divisive characteristics of the proposed district, including aspects that pose significant risk to the long term stability of costs to the residents in the proposed WD#5, Whereas the scope of WD #5 as currently proposed is a substantial expansion of water district 5 as originally envisioned by the Town of Ulysses and the Village of Trumansburg in their 2003 agreement, and Whereas the Trustees of the Village of Trumansburg voted unanimously in October 2006 to not support the proposed WD #5, and further, requested that the Town of Ulysses not proceed with the currently proposed project, and The Town has not worked out a solution and a memorandum of understanding with the Village of Trumansburg outlining a plan to resolve the significant and long-term financial impact of WD#5 on residents of the Town outside the proposed district (Village of Trumansburg). Whereas the Ulysses Town Board never adopted a resolution in support of application to the New York State Drinking Water Revolving Fund for financing of the proposed WD#5 project, or endorsed the draft engineering report sent to the Environmental Facilities Corporation as part of the Town of Ulysses application for financing, and The project did not come out of a comprehensive assessment and planning process for Town- wide water needs and infrastructure, and the potential development impact of the proposed district has not been evaluated, And whereas there is a clear limitation on the quantity of water that can be provided to the Town of Ulysses from Bolton Point through the Town of Ithaca infrastructure without costly future improvements, and there has been no comparative analysis to date of whether WD#5 is most necessary and best use of this finite water supply resource to address unmet municipal water needs and public health concerns in Ulysses, Be it now resolved that the Town of Ulysses will immediately notify the Environmental Facilities Corporation, Senator Winner's office, and all other affected parties that it will not proceed with the steps necessary to complete an application packet for financing and to continue with currently proposed Water District #5 project. Be it further resolved that the Town will begin work on a comprehensive assessment of water needs and concerns in all parts of the Town of Ulysses, to be used in conjunction with the Town of Ulysses Comprehensive plan to best design water infrastructure projects that meet the important needs of Ulysses residents, including those in the currently proposed WD5. Such assessment will use the information and studies done to date, and will be developed with the continued engagement of the Village of Trumansburg, the NY State Parks and other municipalities as willing, and with clear public communication and opportunities for input at all steps in the process. Further, the Town Board resolves to immediately begin the process of engaging professional services to explore mechanisms beyond special improvement district formation to identify households with severe water problems anywhere in the Town and attempt to identify assistance toward solutions. SPECIAL TOWN BOARD MEETING AUGUST 30, 2007 "Resolution#45 - RESOLUTION, FINDINGS AND ORDER OF TOWN BOARD APPROVING PETITION FOR ANNEXATION WHEREAS, a petition ("the Petition") pursuant to General Municipal Law Article 17 was presented to the Village Board of the Village of Trumansburg, New York ("the Village") and the Town Board of the Town of Ulysses ("the Town") by William J. Auble ("the Petitioner") on April 30, 2007, for the annexation of certain territory currently located in the Town into the Village, said territory being described in the Petition, a copy of which is annexed hereto as Exhibit A, and consisting of Town of Ulysses Tax Parcel Numbers 11.-2-7.1 and 11.-2-4 ("the Territory"); and WHEREAS, pursuant to §704 of the General Municipal Law, the Town caused notice of the required joint public hearing on the Petition to be published in the Ithaca Journal, the official newspaper of the Town, on May 14, 2007, and notice of the public hearing was posted by the Town on May 9, 2007; and WHEREAS, the Town caused a copy of the notice of joint public hearing to be mailed to the Petitioner (who is allegedly the sole owner of real property within the Territory) and all persons residing within the Territory qualified to vote for officers of the Town, as their names appear upon the register of voters for the last preceding general election; and WHEREAS, the Town caused a copy of the notice of joint public hearing to be mailed to the Trumansburg Central School District on May 9, 2007; and WHEREAS, a joint hearing of the Town Board of the Town and the Village Board of the Village was duly held on said petition for annexation, according to the requirements of the Municipal Annexation Law, at the Trumansburg High School Auditorium in the Village on June 4, 2007, at which time all parties interested in the matter were heard and all objections presented; and WHEREAS, the Village Board of the Village on August 15, 2007, as Lead Agency, issued a negative declaration under Article 8 of the Environmental Conservation Law and Regulations adopted pursuant thereto by the Department of Environmental Conservation of the State (collectively, "SEAR") with respect to the proposed annexation. A copy of the negative declaration is attached hereto as Exhibit B; and WHEREAS, the Town Board of the Town has duly considered said petition and the evidence presented at said hearing; FINDINGS NOW, THEREFORE, the Town Board of the Town makes the following findings: 1. The aforesaid petition for annexation substantially complies in form and content with General Municipal Law Article 17. 2. The proposed annexation of the Territory in the Town to the Village as described in the aforesaid petition is in the overall public interest in that: a. Municipal services i. Police protection: The Town of Ulysses does not provide police service and the annexation will have no effect on the Town. Residents of the Territory are currently served by the Tompkins County Sheriff and the New York State Police. The Village Police assist when requested by the Sheriff's Department or State Police. In the event of annexation, the Territory would be served by the Village Police. This would be an additional expense to the Village. Annexation will result in an advantage for the residents in that they will receive enhanced police response and protection from the Village Police. ii. Fire protection: Both the Village and Town are served by the Trumansburg Fire Department. Annexation will result in an advantage to the Town because its fire protection cost will decrease by $1600. The Village's cost will increase by $1600. iii. Health regulations: There will be no change as a result of annexation. iv. Water service: A portion of the Territory, where the mobile home park is located, currently receives water service from the Village at one -and -a - half times the cost paid by Village residents. Annexation would result in a potential advantage to these residents, if the owner of the property passes the savings in water rates on to the residents. The Village would lose the additional revenue of approximately $25,000 because charges for water will be at regular Village rates. V. Sewer service: Sewer service in the Territory is currently provided by the Village at one -and -a -half times the usual rate. In the event of annexation, the cost would go down, which will be a potential benefit to the residents if the savings are passed on to them. The Village will lose the additional revenue of approximately $12,000 charged to the owner for out -of -Village use. There will be no effect on the Town. vi. Public utilities: The Town and Village are served by New York State Electric & Gas and Trumansburg Telephone Company. There will be no change. vii. Public education: The residents of the Territory are in the Trumansburg Central School District. Annexation will not result in any change. Effect on tax revenues viii. Sales tax: The Town's share of County sales tax revenue is based on the number of residents. There are approximately 256 residents in the Territory. Based on figures for 2007, the Town will lose approximately 5.5% of the County sales tax revenue, which is estimated to be approximately $32,000. The actual change in sales tax revenues will not be known until after the 2010 census. The Village will gain commensurate sales tax revenue. There will be no direct impact on residents. ix. Real property tax: There will be no effect on Town property tax revenue, because property in the Village is subject to Town property tax. There will be an increase in revenue to the Village of approximately $12,000, as the property will be subject to Village tax. The property owner will be obligated to pay Village property tax. This may result in increased rents to residents of the mobile home park. Owners of mobile homes in the park, who pay property tax on their mobile homes (approximately 25% of the units), will also be subject to this increase. X. New York State revenue sharing: This revenue is based on the population. The Town's share is currently $7.50 per person per year, or $1,920.00 per year. The Town will lose this revenue due to the loss of 256 residents if the Territory is annexed by the Village. The actual Revenue Sharing will not change until after the 2010 census. The Village will gain revenue from the same source. b. Unity of purpose and facilities to constitute a community i. Extent of contiguity between Village and Territory: The Territory is contiguous to the Village and will not result in unduly irregular Village boundaries. ii. Extent of contiguity between lands remaining in Town in the event of annexation: Six tax parcels in the Town will be surrounded by Village land and will no longer be contiguous to other land in the Town. This will result in irregular Town boundaries. In terms of services, this means that there will have to be inter -municipal agreements to cover highway maintenance (including snow plowing). iii. Unity of purpose: Consolidation of services to the Mobile Home Park by the Village promotes such unity. C. Possible future development of the Territory. i. The Village currently has limited developable land. If the Territory is annexed, there will be more developable land in the Village which is less encumbered by space limitations and limitations on historic buildings in the Village. It would allow for more diverse businesses to locate in the Village. Strengthening the commercial district in the Village of Trumansburg is an objective of the Town's Comprehensive Plan of 1999. ii. It is a benefit to the community to have the core of housing and commercial development in the Village. Concentrating such development makes it more economical to provide services. iii. Commercial development in the Territory may distract from the commercial core of the Village, as such development would not be contiguous to the core commercial development. The vacant part of the Territory has been zoned commercial for twenty years and has not been developed due to a lack of Village water and sewer services. iv. Annexation to the Village and the availability of Village Services will potentially make the undeveloped land more attractive to a diversity of projects that would increase the overall tax base of the Town. V. A portion of the Territory is zoned for commercial development. If it is annexed to the Village there will be less commercially zoned property in the Town outside the Village. d. Other factors. i. The mobile home park would become part of the Village and leave the Town without a large mobile home park. The only other mobile home park in the Town is small, with very limited space for additional sites. The Town would have to find other space with adequate water and sewer services to locate a large mobile home park. ii. The Village currently does not have a site for mobile homes as required by a Local Law. iii. A portion of the Territory, tax parcel 11.-2-4 which contains the mobile home park, is in a State Sanctioned Agricultural District and agriculture is not permitted in a Village. If the Territory is annexed, the designation will have to change and there will be a small loss of agricultural land. The County of Tompkins is in the process of re-evaluating the Agricultural Districts. iv. Sidewalks: The Village provides sidewalks and the Town does not. The Village may extend a sidewalk to serve the residents of the Trumansburg Country Estates apartment complex on the edge of the Village adjoining the Town. There is a possibility that the Village would develop an interconnected system of sidewalks which would allow residents to walk to services in the Village. This is a possible advantage to the residents of the apartment complex and a possible cost to the Village. V. The Town Board has carefully reviewed and considered public comments about the proposed annexation and addressed these comments in the Findings. vi. The proposed annexation will promote Intermunicipal cooperation and may open up opportunities for joint funding, efficiencies and cost savings to tax payers. Many Town residents have expressed a desire for better cooperation between the Town and Village governments. e. Assumption of indebtedness and other liabilities and disposition of property rights in the event of annexation. The Town and the Village did not execute an agreement pursuant to General Municipal Law section 707(2) or 708(2) relating to the assumption of indebtedness and other liabilities and disposition of property rights in the event of annexation. Therefore: i. Assumption of indebtedness and other liabilities affecting the Territory will be governed by General Municipal Law section 708(1). Any such indebtedness and any contract or other liabilities, and interest thereon, shall be a charge upon and paid by the Village and shall become due and payable by the Village to the Town in the same proportion to the whole of any such indebtedness or liability as the full valuation of the taxable real property of the Territory bears to the full valuation of the taxable real property of the Town, calculated as of the date of annexation. ii. Disposition of property in the Territory will be governed by General Municipal Law section 707(l). All real or personal property and rights in real and personal property of any affected local government or governments or any special or improvement district in the Territory, all real and personal property and rights in real and personal property, including, but not limited to, streets, avenues, roads, highways, bridges, overpasses, underpasses, culverts, sidewalks, street lighting fixtures, and conduits, pipes, drains, either above or below the ground surface, and appurtenances and appurtenant rights in relation thereto, owned by any of such local governments shall become the property of the Village as of the date of annexation, but ownership of any real and personal property or rights in real and personal property of, or acquired for, special or improvement districts in the Territory shall remain unaffected. f. Conclusion. After careful review and evaluation of the above -referenced findings, the Town hereby determines that the potential benefits of the proposed annexation do outweigh the potential detriments. RESOLUTIONS NOW, THEREFORE, BE IT RESOLVED that Petitioner's Petition substantially complies in form and content with Article 17 of the General Municipal Law; and be it further RESOLVED that the proposed annexation of the Territory is hereby deemed to be in the overall public interest; and be it further RESOLVED that the proposed annexation of the Territory as described in the above -referenced Petition is hereby approved by the Town Board. The question of the adoption of the foregoing resolutions was duly put to a vote, which resulted as follows: ORDER IT IS HEREBY ORDERED that copies of the foregoing findings, resolutions and determinations set forth therein, all of which are hereby incorporated by reference into this Order, together with the Petition, notice of public hearing, written objections, if any, and testimony and minutes of proceedings taken and kept on the hearing, be filed in the offices of the clerks of the Village and Town as the affected local governments. REGULAR TOWN BOARD MEETING SEPTEMBER 11, 2007 **Resolution#46 -DD#5 - KLINE BE IT RESOLVED that if Development District #5 divides into two parcels both parcels will be development districts so the applicant wishing to purchase the 23 acre parcel can move forward with an application. Both proposed development districts will be reviewed in parallel. **Resolution#47 - Recreation Partnership BE IT RESOLVED that the Town Board of the Town of Ulysses approves the Recreation Partnership agreement as recommended by the Partnership on August 13th, 2007 and adopted by the Tompkins County Board of Representatives on August 21St, 2007. **Resolution#48 - Direct Mr. Austic To Copy Letter BE IT RESOLVED that the Town Board of the Town of Ulysses direct Mr. Austic to copy the letter he wrote to Mike Montysko of the EFC to David Sterman, President of EFC and to David Morseman. SPECIAL TOWN BOARD MEETING SEPTEMBER 24, 2007 **Resolution#49 - Accepts Application for Cirri Development District Mini Golf Course BE IT RESOLVED that the Town Board of the Town of Ulysses accept the application from Mr. Cirri and Mr. Kline for Development Districts and proceed through the Zoning Law requirements of Section 3.5. FURTHER RESOLVED that the first step be a Sketch Plan Conference is held with both of the applicants, the Town's Zoning Officer, the Zoning staff, the Planning Board Chair and liaison and the Town Attorney. FURTHER RESOLVED that after the Sketch Plan Conference when everything is acceptable it will be forwarded to the Planning Board for their review and recommendation. **Resolution#50 - Request Covert & Hector Pay for Recreation Partnership Ms. Tyler moved to ask the Town's of Covert and Hector to pay $200 each for 2008. Mr. Ellis seconded the resolution. **Resolution#51 - Appointment of Lucia Tyler to EMC BE IT RESOLVED that the Town Board of the Town of Ulysses reappoint Ms. Lucia Tyler to the EMC Board. **Resolution#52 - Minutes Procedures Ms. Marino moved, seconded by Ms. Tyler to go back to including a summary of the important discussion points in the minutes but also that each meeting get recorded on a digital recorder as well as the current tape system and make the audio file available to the Board members a few days after the meeting. REGULAR TOEWN BOARD MEETING OCTOBER 9, 2007 **Resolution#53 - RESOLUTION DIRECTING SPECIAL ELECTION ON PROPOSITION FOR ANNEXATION WHEREAS, a Resolution, Findings and Order of the Town of Ulysses ("the Town"), approving the proposed annexation of territory located in the Town of Ulysses into the Village of Trumansburg ("the Village"), said territory consisting of Town of Ulysses Tax Parcel Numbers 11.-2-7.1 and 11.-2-4 ("the Territory"), was filed in the offices of the Town Clerk and the Village Clerk on August 31, 2007; and WHEREAS, a Resolution, Findings and Order of the Village of Trumansburg, approving the proposed annexation of the Territory into the Village was filed in the offices of the Town Clerk and Village Clerk on August 31, 2007; NOW, THEREFORE, pursuant to the provisions of §713 of the General Municipal Law and §82 of the Town Law, be it RESOLVED, that a Special Election shall be held in the Town of Ulysses as set forth in the Notice of Special Election attached hereto and made a part hereof. **Resolution#54 - Contract with Bergmann Assoc. to Update Comprehensive Plan BE IT RESOLVED that the Town Board of the Town of Ulysses approve the contract for Bergmann Assoc. to update the Town of Ulysses Comprehensive Plan. **Resolution#55 - Distribution of the RFP on Route 96 Corridor Study BE IT RESOLVED that the Town Board of the Town of Ulysses approve the distribution of the RFP of the Route 96 Corridor Study. **Resolution#56 - Authorize Supervisor Sign and Execute Contract Between GOSC, and the Town BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Austic to sign and execute the contract between GOSC, and the Town to deliver the program after Attorney Mariette Geldenhuys reviews. SPECIAL TOWN BOARD MEETING OCTOBER 16, 2007 Ulysses Housing Rehabilitation Program - Overview SPECIAL TOWN BOARD MEETING OCTOBER 22, 2007 Ulysses Housing Rehabilitation Program - Overview PUBLIC HEARING NOVEMBER 7, 2007 2008 Budget Presentation REGULAR TOWN BOARD MEETING NOVEMBER 13, 2007 **Resolution#57 - Budget Modifications 2007 BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following 2007 budget modifications: • Increase A1010.4 by $ 907.09 • Increase A1110.4 by 1,605.72 • Decrease A1910.4 by 2,512.81 • Increase DB5112.2 by $10,134.31 • Decrease DB5110.4 by 10,134.31 **Resolution #58 - Adoption of 2008 Budget BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the Preliminary 2008 Budget. **Resolution#59 - Resolution in support of the County -wide Water and Sewer Evaluation WHEREAS, the Tompkins County Economic Development Strategy's goals include increasing and diversifying the county's housing supply and revitalizing the county's unique commercial districts and town centers; AND WHEREAS, the Economic Development Collaborative was organized to formalize, strengthen and deepen the cooperation among the many local agencies and municipal bodies addressing economic development issues in the County to make the process more effective through common goals and approach; AND WHEREAS, the Tompkins County Council of Governments (TCCOG) is a member of the Economic Development Collaborative, which is currently working to address the goals of the County's Economic Development Strategy, AND WHEREAS, the TCCOG supports the development of a county -wide evaluation of water and sewer infrastructure and the development of a conceptual plan of water and sewer infrastructure needs to support future planned growth to meet county housing and economic development goals; AND WHEREAS, the Economic Development Collaborative has suggested the creation of an updated, county- wide evaluation of existing water and sewer infrastructure and the development of a conceptual plan of water and sewer infrastructure needs to support future planned growth to meet county housing and economic development goals; AND WHEREAS, the Town of Ulysses is a member of the TCCOG; AND WHEREAS, the last county -wide evaluation of water and sewer infrastructure was completed in 1994; AND WHEREAS, an updated evaluation would facilitate the development of housing within town and village centers, commercial revitalization of those centers and growth in the tax base, with the most efficient use of public dollars for infrastructure; NOW THEREFORE BE IT RESOLVED, that the Town of Ulysses supports the development of a county- wide evaluation of water and sewer infrastructure and the development of a conceptual plan of water and sewer infrastructure needs to support future planned growth to meet county housing and economic development goals by an engineering consultant; AND BE IT FURTHER RESOLVED, that the Town of Ulysses pledges to work with the Engineering Consultant to ensure cooperation of its planning and engineering SPECIAL TOWN BOARD MEETING NOVEMBER 28, 2007 **Resolution#60 - Sign Contract with Attorney Geldenhuys BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Austic to sign the contract with Attorney Mariette Geldenhuys. **Resolution #61- SEQR for Zoning Law Amendment TOWN BOARD OF THE TOWN OF ULYSSES In the Matter of the Amendment of the Zoning Ordinance of the Town of Ulysses Resolution and Determination WHEREAS, the Town Board of the Town of Ulysses ("the Town Board") adopted a Town Wide Comprehensive Plan on April 13, 1999; and WHEREAS, the Town Board adopted a town -wide Rezoning Law on August 30, 2005 (local law no. 3 of 2005) to replace all existing zoning in order to update the Town Zoning Law to be in compliance with the Comprehensive Plan; and WHEREAS, subsequent to the adoption of the above -referenced Rezoning Law, the Town Board determined that further amendment of the Town Zoning Law was necessary and prepared a draft of an amended Zoning Law (Local Law no.4 of 2007); (the "Action"); and WHEREAS, this is a Type I action under SEQR in that it is a re -zoning of over 25 acres pursuant to 6 NYCRR §617.12 and specifically §617.4(b) (2); and WHEREAS, the Town Board as Lead Agency completed Part I of a Full Environmental Assessment Form (EAF) for the Action, which was duly filed with the Town Clerk; and WHEREAS, the Town Board published notice of a Public Hearing in the Ithaca Journal, the official Town newspaper, on November 3, 2007, and the Public Hearing was held on November 13, 2007, and ten days have passed since the date of the Public Hearing; and WHEREAS, the Town Board, after due consideration of and deliberation on the potential environmental impacts of the Action, completed Part 11 of the EAF, taking into account the generic nature of the Action since no specific development project is involved; and WHEREAS, notice was duly mailed to all Involved Agencies, including the New York State Parks Commission, the County of Seneca, the Towns of Covert, Ithaca and Enfield and the Village of Trumansburg, proposing that the Town Board be the Lead Agency and describing the proposed Action, and no objection was received from any Involved Agency; and WHEREAS, the Town Board hereby declares itself Lead Agency and accepts the Full EAF as complete; and WHEREAS, the Town Board of the Town of Ulysses has determined that the Amendment of the Town Zoning Law will not have a significant adverse impact on the environment, after consideration of its potential impact on Town: 1. Water quality 2. Air quality 3. Plants and Animals 4. Aesthetic Resources 5. Historic and Archeological Resources 6. Open Space and Recreation 7. Transportation 8. Energy Resources 9. Noise and Odor 10. Land Use 11. Public Health 12. Growth and Character of the Community; and WHEREAS, the proposed Amendment of the Town Zoning Law is a proposed Action consistent with proper land use and the promotion of public health and safety in the Town, taking into account social and economic considerations; and WHEREAS, all steps have been taken in the proposed Action to the extent practicable to mitigate any negative effects identified by the Town, NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Town hereby adopts Parts 1 and 2 of the Full EAF; and it is further RESOLVED, that the Town hereby adopts findings 1 through 12 set forth above; and it is further RESOLVED that the Town Board of the Town of Ulysses, based on the EAF and its findings, hereby makes the determination that the adoption of Local Law no. 4 of 2007 amending the Town Zoning Law will have no significant adverse impact on the environment and declares and hereby issues a NEGATIVE DECLARATION under SEAR. **Resolution#62 - Local Law #4 - 2007 Amendment to Zoning Law RESOLUTION OF THE ULYSSES TOWN BOARD APPROVING LOCAL LAW NO. 4 OF 2007 AMENDMENT OF THE TOWN OF ULYSSES ZONING LAW WHEREAS, the Ulysses Town Board ("the Town Board") adopted a Comprehensive Plan for the Town on April 13, 1999, and WHEREAS, the Town Board adopted Local Law no.3 of 2005 on August 30, 2005, a rezoning law to bring the Zoning Law of the Town in compliance with the Comprehensive Plan; and WHEREAS, the Town Board has determined that further amendment of the Zoning Law is necessary to promote the public health and safety of the residents of the Town; and WHEREAS, the Town Board performed environmental review of the proposed amendment of the Zoning Law pursuant to the provisions of SEAR, issued findings and adopted a Negative Declaration under SEQR on November 28, 2007; and WHEREAS, the Town board mailed the Tompkins County Planning Department a full statement of the proposed amendment of the Town Zoning Law pursuant to General Municipal Law §239(1) and (m) on July 12, 2007, and thirty days have elapsed since such mailing; and WHEREAS, the Tompkins County Planning Department did not object to this Local Law, and no protest petition objecting to this Local Law has been received by the Town Board, and a supermajority (majority plus one vote) is therefore not need for passage of this Local Law by the Town Board; and WHEREAS, a public hearing on the proposed amendment of the Zoning Law was held on July 10, 2007, and notice of such hearing was published in the Ithaca Journal, the official newspaper of the Town and a newspaper of general circulation, on June 28, 2007, more than 10 days before the date of the public hearing; and WHEREAS, it is in the best interests of the Town and its residents to amend the Town Zoning Law to provide for responsible land use and development consistent with the Comprehensive Plan; and WHEREAS, the full text of this Local Law is intended to supersede the existing Zoning Law of the Town of Ulysses; NOW, THEREFORE, IT IS HEREBY RESOLVED that the Town Board of the Town of Ulysses hereby adopts Local Law no. 4 of 2007, to be effective upon filing with the New York State Secretary of State as required by law; and be it further RESOLVED that the text of Local Law no.4 of 2007 is hereby enacted by the Town Board of the Town of Ulysses on November 28, 2007. REGULAR TOWN BOARD MEETING DECEMBER 11, 2007 **Resolution#63 - Attorney to Work with PB on DD BE IT RESOLVED that the Town Board of the Town of Ulysses authorize the Planning Board Chairman to work directly with the Town Attorney Mariette Geldenhuys for this project. **Resolution#64 - Matching Grant Money for Ag Zone Whereas: The Town of Ulysses is currently working to update its Comprehensive Plan, and Whereas: Agricultural enterprises continue to be a major contributor to the Town's economic structure, and Whereas: Due to the importance of agriculture to the Town in many different ways, agriculture and its needs and structure are important to include in the updated Comprehensive Plan, and Whereas: The NYS Department of Agriculture and Markets has made available, through the grant process, monies to be used by municipalities for use to plan and incorporate agriculture in the planning process of the municipality, now therefore Be it Resolved That: The Town Board of the Town of Ulysses endorses the Comprehensive Plan Committee's efforts to obtain such grant funding to be used for studies of agricultural structure and needs in the Town and include such research in the updated Ulysses Comprehensive Plan. Be it Further Resolved that the Ulysses Town Board agrees to provide matching funds necessary to apply for the grant. **Resolution# 65 - Budget Modifications Increase A1010.4 $219.20 Increase A1110.4 210.74 Increase A7310.1 18.53 Decrease A1990.4 448.47 Increase B8021.1 183.39 Increase B9060.8 430.44 Decrease B8021.4 183.39 Decrease B1990.4 430.44 **Resolution# 66 - Form Committee for Water Study BE IT RESOLVED that the Town Board of the Town of Ulysses form a special committee comprised of one Town Board member, one or two Comprehensive Plan members, one Planning Board member and two or three community members with special skills in water. **Resolution#67 - Comprehensive Plan Communication Whereas the Town Board established the Comprehensive Plan Committee (CPC) in June 2006 to review and recommend amendments to the 1999 Town of Ulysses Comprehensive Plan, according to a structure approved in April 2006 and the Town, upon recommendation of the Comprehensive Plan Committee contracted with Bergmann Associates to assist with this review, Be it resolved that the Chair of the Comprehensive Plan Core Committee will supervise the work of the consultant (Bergmann Associates), in coordination with the CPC. The CPC chair or designee will report monthly to the Town Board during the project, and take input from the Town Board back to the committee and consultant for consideration, Be it further resolved that recommendations or requests for changes to the project work plan and scope of services as described in the contract with Bergmann Associates (approved by the Town Board on October 9, 2007) from the Town Board, Planning Board, or any other Town staff, elected, or appointed officials will go through the Comprehensive Plan Committee Chair. **Resolution#68 - Employee Gift Certificates Whereas: The Town of Ulysses has a long standing tradition of giving gift certificates from local merchants to its employees and volunteer boards during the holiday season, and Whereas the Town has 42 such employees and volunteers in 2007, and since the 2006 approved certificates were in the amount of $50.00 each, Now Therefore Be it Resolved: That the Town Board of The Town of Ulysses approves the purchase and distribution of gift certificates in the $50.00 each for a total of $2100.00. **Resolution#69 - Memorial Contribution - Christine Springer Whereas: The Town of Ulysses has a policy of contributing $20 for each year of service to its retiring employees to help encourage longevity in the workplace, and Whereas: Christine Springer was employed by the Town since 1991. as a Court Clerk and later as a Town Justice for a total of 16 years, and Whereas: Christine's family has founded a memorial scholarship fund in her name, Now Therefore Be it Resolved: The Town Board of The Town of Ulysses approves the contribution of $320.00 to the Memorial Scholarship fund established in the memory of Christine Springer.