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.