HomeMy WebLinkAbout2010 Index of ResolutionsINDEX OF 2010 RESOLUTIONS
TABLE OF CONTENTS
JANUARY 04, 2010 Organizational Meeting ................................................................................................................................. 3
JANUARY 12, 2010 –RTB – ........................................................................................................................................................... 9
*Acceptance of Unique Natural Area County Designations .......................................................................................................... 10
*Appoint Lucia Tyler as representative for Health Care Consortium ............................................................................................ 10
*Designate Liz Thomas and Ken Zeserson as representatives to the NY Assoc. of Towns ........................................................... 10
*Establish Lakeshore Zoning Committee ...................................................................................................................................... 10
*Set crime coverage for Town officials ......................................................................................................................................... 10
*Set time for audit of financial records ......................................................................................................................................... 10
*Authorize SPCA Contract for backup to dog control officer services .......................................................................................... 11
JANUARY 28, 2010 STB .............................................................................................................................................................. 11
* Designate “Library Month” ........................................................................................................................................................ 11
*Authorizing Farmland Protection Committee to add two new members. .................................................................................. 11
FEBRUARY 9, 2010 RTB – ........................................................................................................................................................... 11
*Approve minutes of 12/8/09, 1/4/10, 1/12/10 ........................................................................................................................... 11
*Approve budget modifications and vouchers ............................................................................................................................. 12
*Stormwater Contract with Soil and Water Conservation ............................................................................................................ 12
*Appointment of Liz Thomas and Kevin Romer to the Emergency Management Service Task Force, ......................................... 12
*Change of language to the fire contract ...................................................................................................................................... 12
*Change of TB meeting date and time .......................................................................................................................................... 13
*Appoint Richard Coogan to BZA and David Means to Assessment Advisory Board .................................................................... 13
*SPCA contract through Tompkins County Animal Control .......................................................................................................... 13
FEBRUARY 23, 2010 STB ............................................................................................................................................................. 18
*Appoint Citizen’s Advisory Board for Gas Drilling ....................................................................................................................... 18
MARCH 9, 2010 RTB ................................................................................................................................................................... 19
*Approval of vouchers .................................................................................................................................................................. 19
*Allowing Court Justices to contract for outside Clerk services .................................................................................................... 20
*Purchase of Tables ...................................................................................................................................................................... 20
*Authorize Supervisor to sign CCE contract .................................................................................................................................. 20
*Entering Insurance Consortium ................................................................................................................................................... 20
*Investigate installation of water meter ....................................................................................................................................... 21
MARCH 15, 2010 STB ................................................................................................................................................................. 21
*Authorize Supervisor to sign Fire Protection Agreement ............................................................................................................ 21
MARCH 23, 2010 STB ................................................................................................................................................................. 24
*Approve minutes 1/28, 2/9, 2/23 ................................................................................................................................................ 24
*Triathlon ...................................................................................................................................................................................... 24
*Establish Water Distribution and Maintenance Operator Position ............................................................................................. 25
*Appoint Water Distribution and Maintenance Operator ............................................................................................................ 25
APRIL 13, 2010 RTB .................................................................................................................................................................... 25
*Establish new Code of Ethics Policy............................................................................................................................................. 26
*Withdraw Supplemental Generic Environmental Impact Statement .......................................................................................... 30
*Support for State legislation urging stricter oversight of hydrofracturing .................................................................................. 34
APRIL 27, 2010 STB .................................................................................................................................................................... 35
*Inclusion of new land in Agricultural District 2............................................................................................................................ 35
MAY 11, 2010 RTB ..................................................................................................................................................................... 36
*Donating gravel to Jacksonville Association Park ........................................................................................................................ 36
*Authorize Supervisor to approve “Summer Concert Series”....................................................................................................... 36
*Extending Farmland Protection Plan ........................................................................................................................................... 36
*Payment to the Cayuga Lake Intermunicipal Organization ......................................................................................................... 36
*Establish local law for Operating Permits for Special Events ...................................................................................................... 36
*Hiring help for the website .......................................................................................................................................................... 39
*Contract with Bergman for zoning analysis ................................................................................................................................. 39
MAY 25, 2010 STB ...................................................................................................................................................................... 39
*Establish Local Law #1 requiring operating permits for special events ....................................................................................... 39
*Contract with Bergman Associates to help with Ag Land Protection Plan .................................................................................. 41
*Approve minutes 4/13 ................................................................................................................................................................ 49
JUNE 8, 2010 RTB ....................................................................................................................................................................... 49
*Approve minutes 3/27, 3/29, 5/11,............................................................................................................................................. 49
*Hiring a Project Assistant ............................................................................................................................................................ 49
JUNE 23, 2010 STB ..................................................................................................................................................................... 50
*Setting fees for Special Events Operating Permit ........................................................................................................................ 50
*Hiring Sue Henninger to assist with website writing ................................................................................................................... 50
*Approving Marsha Georgia as a co-signer on checks over $5,000 .............................................................................................. 50
*Voicing concern over billing for ambulance services .................................................................................................................. 50
JULY 13, 2010 RTB ...................................................................................................................................................................... 50
*Approval of 5/25 Minutes ........................................................................................................................................................... 50
*Stormwater compliance .............................................................................................................................................................. 51
*Establishing Standard Work Day and Reporting requirements ................................................................................................... 51
*Hiring a Project Assistant to assist Planning Board with Mapping .............................................................................................. 52
JULY 29, 2010 STB ...................................................................................................................................................................... 52
*Approval of 6/28 minutes ........................................................................................................................................................... 52
*Authorizing contribution to Health Insurance Consortium reserves .......................................................................................... 52
*Approval of payment to the Community Science Institute ......................................................................................................... 53
*Water sale agreement for outside users ..................................................................................................................................... 54
AUGUST 18, 2010 RTB ................................................................................................................................................................ 55
*Approval of minutes for 6/23, 7/13, 7/29 ................................................................................................................................... 56
*Issuance of permits for public displays of fireworks ................................................................................................................... 56
AUGUST 31, 2010 STB ................................................................................................................................................................ 58
*Intermunicipal Cell Tower initiative ............................................................................................................................................ 58
*Joint RFP with the Town of Caroline for roadway assessment study .......................................................................................... 59
SEPTEMBER 14, 2010 RTB .......................................................................................................................................................... 59
*Recommendation to send the Fransizka Racker Center expansion to Planning Board .............................................................. 59
*Recommended changes to SEQR and Stormwater Law .............................................................................................................. 60
*Accepting quote to fix ceilings at Town Hall ............................................................................................................................... 60
*Support for Creating a County Animal Population Control Program .......................................................................................... 60
SEPTEMBER 21, 2010 STB........................................................................................................................................................... 61
*Letter to County about Youth Programming Cuts ....................................................................................................................... 61
*Request for Attorney to draft Dog Enumerator contract ............................................................................................................ 62
OCTOBER 5, 2010 STM ............................................................................................................................................................... 62
*Appointing Lucia Tyler to the Board of Directors for the Tompkins County Health Care Consortium ........................................ 62
OCTOBER 12, 2010 RTB .............................................................................................................................................................. 62
*Approve minutes of 6/23, 7/13, 7/29, 8/18, 8/31, 9/14 ............................................................................................................ 62
*Amending Dog Enumerator contract .......................................................................................................................................... 63
*Approval of Justice grant application to JCAP ............................................................................................................................. 67
*Support for Association of Towns resolutions ............................................................................................................................ 67
OCTOBER 13, 2010 STB .............................................................................................................................................................. 67
OCTOBER 22, 2010 STB .............................................................................................................................................................. 67
*Moving Tentative Budget to Preliminary Budget ........................................................................................................................ 68
OCTOBER 26, 2010 STB .............................................................................................................................................................. 68
NOVEMBER 9, 2010 RTB ............................................................................................................................................................ 68
*Adoption of 2011 Budget ............................................................................................................................................................ 69
*Approval of minutes from 9/21, 10/12, 10/13 ............................................................................................................................ 69
NOVEMBER 17, 2010 STB ........................................................................................................................................................... 69
*Amendments to Procurement Policy .......................................................................................................................................... 69
*Investigating procedure for selling Town-owned land ................................................................................................................ 73
*Approval of minutes for 10/5, 10/22, 10/26 ............................................................................................................................... 73
DECEMBER 14, 2010 RTB ........................................................................................................................................................... 73
*Approval of minutes for 11/3, 11/9, 11/17 ................................................................................................................................. 74
*Switch ToU to 100% Renewable Energy through NYSEG ............................................................................................................ 74
*Approval of Medicare Supplemental insurance for employees on Medicare ............................................................................. 74
*Changing the payroll service ....................................................................................................................................................... 75
*SEQR determination for Franziska Racker Center renovation .................................................................................................... 75
*Insurance contract....................................................................................................................................................................... 77
*Gifts for employees and volunteers ............................................................................................................................................ 77
*New telephone system ................................................................................................................................................................ 77
*Local Law #2: Dog Licensing and Control Law for the Town of Ulysses ...................................................................................... 78
****************************************************************************
JANUARY 04, 2010 Organizational Meeting
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 p.m.
prior to each scheduled Regular Board Meeting. A monthly working meeting will be held
on the 4th Thursday of each month.
BE IT 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 and the Town web site. FURTHER RESOLVED the Ithaca Journal, a
newspaper regularly published and having general circulation in the Town, is hereby
designated as the official newspaper of Town of Ulysses.
BE IT RESOLVED, copies of the official minutes of the Town Board, prepared and
distributed by the Town Clerk, shall be distributed [electronically unless otherwise
requested] to each Town Board member, Town Justices, Highway Superintendent,
Building Code Enforcement Officer, Chair of the Planning Board, County Representative,
Attorney for the Town, and posted on the Clerk’s Bulletin Board and on the Town of
Ulysses Website within 2 days of approval by the Town Board. Draft meeting minutes,
clearly labeled as such, will be posted on the Clerk’s Bulletin Board, the Town website,
and distributed to Town Board members for review at least 14 days before the regular
monthly Town Board meeting at which such minutes are to be approved.
BE IT RESOLVED mileage at a rate of $0.50 cents per mile shall be paid to Town
Officials and employees for use of their personal vehicles for Town Business 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 $3,000.00 for repairs and maintenance of highway equipment without prior Board
approval.
BE IT RESOLVED that the Town Clerk’s petty cash fund of $150 is extended for the
year 2010.
BE IT RESOLVED the following bond undertakings for Town Officials and appointees
are hereby approved as follows:
A. Town Clerk/Tax Collector $250,000
B. Justices (2) $4,000 each
C. Court Clerk $4,000
D. Code Enforcement Officer $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 within 60 days after
the close of the fiscal year 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
(Town Law Section 29(10-a)). If the time for filing the annual report is extended 60 days
by the State Comptroller, the supervisor’s time for filing a copy of the report with the town
clerk is extended for a like period.
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 and
institutions as outlined in the Towns investment policy. The Town investment policy shall
be reviewed by the Town Board during the year and revised as necessary.
BE IT RESOLVED the Town Board authorizes the Supervisor to pay in advance of audit
of claims for utilities, postage and contractual agreements which if delayed may result in
loss of discounts or the accrual of service charges.
BE IT RESOLVED that the Supervisor is authorized to appoint a Town Bookkeeper, with
an annual salary of $18,224 as set by the Town Board for 2010. The Supervisor hereby
appoints Mary Bouchard, CPA as the Town Bookkeeper.
BE IT RESOLVED that the Town Board has established the Office of Deputy Supervisor,
to continue in 2010. The Deputy Supervisor acts for and in place of the Supervisor in her /
his absence. The annual salary of the Deputy Supervisor is set at $5,000. In accordance
with Town Law, the Supervisor appoints the Deputy Supervisor.
BE IT RESOLVED that the Town Board has established the Office of Deputy Town
Clerk, to continue in 2010 at an annual salary of $28,403. Further resolved that the
responsibilities of this office are to assist the Town Clerk in Records Managem ent, tax
collection, producing meeting minutes, and to act for and in place of the Clerk during her /
his absence. In accordance with Town Law, the Town Clerk appoints the Deputy Town
Clerk. The Town Clerk shall appoint a Deputy Town Clerk by January 7, 2010 and notify
the Supervisor as such, in order for the appointment to be reflected in the first payroll of
2010.
BE IT RESOLVED that the Town Board has established the office of Deputy Highway
Superintendent, to continue in 2010 at an hourly pay rate of $20.27. The Deputy Highway
Superintendent acts for and in place of the Highway Superintendent in her / his absence.
In accordance with Town Law, the Highway Superintendent appoints the Deputy Highway
Superintendent. The Highway Superintendent shall appoint a Deputy Highway
Superintendent by January 7, 2010 and notify the Supervisor as such, in order for the
appointment to be reflected in the first payroll of 2010.
BE IT RESOLVED that the Town Justices are authorized to employ the services of a
Court Clerk or Clerks to assist in the administration and bookkeeping, at an annual salary
of $31,283 for 2010. If the Town Justices find it necessary to employ more than one
Clerk, the total salary paid shall not exceed the annual budgeted amount for Court Clerk.
The Town Justices shall appoint a Court Clerk by January 7, 2010 and notify the
Supervisor as such, in order for the appointment to be reflected in the first payroll of 2010.
BE IT RESOLVED that the Town Board has established the position of Water
Superintendent, to supervise and carry out all of the activities necessary for the day to day
operation and maintenance of the Town’s special improvement Water Districts, as outlined
in the Town of Ulysses Personnel manual (Water Supervisor). The 2010 annual salary for
the Water Superintendent is $16,244. The Town Board appoints Doug Austic as Water
Superintendent for the 2010 calendar year.
BE IT RESOLVED the Town Board hereby establishes the following payroll periods:
Bi-weekly: Highway Superintendent, Town Clerk, Justices, Deputy Town Clerk, Deputy
Highway Superintendent, Deputy Supervisor, Highway Department Staff, Bookkeeper,
Code Enforcement Officer, Zoning Officer, Planning and Zoning Staff, Court Clerk,
Temporary student and other employees, part-time Clerical and Support Staff, Town Board
Coordinator, Water Superintendent, Water Clerk and laborers.
Monthly: Councilpersons, Supervisor, Dog Control Officer
Annually: Historian
Voucher: Town Hall Custodian and all other employees if not listed above
BE IT RESOLVED that the Town Board hereby establishes the following salaries for
2010:
position budgeted salary hourly rate if applicable
Supervisor $15,150
Councilperson $ 3,996
Highway Superintendent $55,609
Town Clerk $47,114
Town Justice $15,334
Bookkeeper $18,224
Deputy Supervisor $ 5,000
Town Council Assistant $ 5,000 $20
Deputy Town Clerk $28,403
Court Clerk $31,283
Deputy Highway Superintendent multiple budget lines $20.27
Highway Employees multiple budget lines $14.14 - $16.77
Code Enforcement Officer $28,706
Zoning Officer $21,769
Planning and Zoning Clerk $ 5,000 $15.76
Planning Manager $20,000 $20 - $25
Water District Superintendent $16,244
Water District Clerk $12,010
Dog Control Officer $ 8,000 Check contract
Historian $ 1,500
Laborer $4212 $14.44 – 18.08
Deputy Zoning $6000 $20
BE IT RESOLVED all hourly 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 a signed time card.
BE IT RESOLVED that the Town Board makes the following appointments:
A. Code Enforcement Officer Alex Rachun
B. Deputy Code Enforcement Officer Mark Hasson
C. Planning Board Chairperson Ken Zeserson
D. Planning Board Member - 2010 to 2017 term Rod Hawkes
E. Board of Zoning Appeals Chairperson George Tselekis
F. Board of Zoning Appeals Member - 2010 to 2015
term
vacant
G. Health Insurance Consortium Board representative Lucia Tyler
H. Clerk for Planning Board and Board of Zoning
Appeals
Robyn Carlisle-Peck
I. Board of Assessment Review Dick Coogan
vacant
J. TC Environmental Management Council (EMC) Lucia Tyler
K. TC Water Resources Council Ken Zeserson
L. Cayuga Lake Watershed/ Stormwater (vacant)
M. County Youth Bureau Representative vacant (check)
N. Trumansburg Ulysses Youth Commission Reps Deb Austic (check)
Michel Vonderweidt (check)
O. Recreation Partnership representative vacant
P. Tompkins County Youth Services Board vacant
Q. Ithaca/Tompkins County Transportation
Council Planning Committee
Sue Poelvoorde
R. Ithaca/Tompkins County Transportation
Council Policy Committee
Sue Poelvoorde
S. TC Fire, Disaster, and EMS Advisory Board Kevin Romer
T. TC Council of Governments R. Marino/ L. Thomas alternate
U. Water District Clerk Marsha Georgia
V. Tompkins County Area Development Dave Kerness
W. Fair Board liaison Kevin Romer
X. Historian Nancy Dean
Y. Agriculture and Farmland Protection Plan
Committee Chairperson
John Wertis
Z. Lakeshore Zoning Committee Chairperson Don Smith
AA. Water District Advisory Board Chairperson Diane Hillman
BE IT RESOLVED that the Attorney for the Town be Mariette Geldenhuys, Esq. and that
she and her associates be consulted in accordance with the Retainer Agreement with the
Town of Ulysses signed April 20, 2009, and
FURTHER RESOLVED that the Town Board agrees to the Addendum to Retainer
Agreement submitted by Ms. Geldenhuys for Board consideration, which changes the
hourly fees for billing to $160 (Attorneys) and $105 (Paralegals). All other provisions of
the Agreement shall remain in full force and effect.
WHEREAS the Town Government is in a time of major transition,
BE IT RESOLVED that the Town Board authorizes the Supervisor to contract with
former Supervisor and Bookkeeper Doug Austic as a consultant to provide advice to the
Supervisor and the Bookkeeper appropriate for an efficient transition. Compensation is
authorized at a rate of $25 per hour, not to exceed $2,000.
WHEREAS the Town Government is in a time of major transition,
BE IT RESOLVED that the Town Board authorizes the Supervisor to contract with
former Deputy Supervisor and Planning Manager Dick Coogan as a consultant to provide
advice to the Supervisor and the Zoning Officer appropriate for an efficient transition.
Compensation is authorized at a rate of $25 per hour, not to exceed $2,000.
BE IT RESOLVED that the Town of Ulysses has adopted and will adhere to policies for a
Code of Ethics, Personnel and Benefits, Procurement, Claims, Meeting Rules and
Procedures, Investment, Alcohol and Controlled Substance Testing, Planning Board and
Zoning Board Attendance and Training, and Emergency Preparedness. The Town Clerk
shall provide to each newly elected official and to any other elected or appointed official or
employee these policies, and any other planning documents or local laws upon request.
BE IT RESOLVED any member of the public wishing to present a topic on the agenda
advise the Supervisor of that intent at least one week prior to the scheduled meeting, if at
all possible.
BE IT RESOLVED any individual having any special needs and wishing to attend a
meeting please advice the Town Clerk of the special requirements at least one week prior
to the meeting. (ADA)
BE IT RESOLVED that the Town Clerk will continue with the Resolution/Motion Index
System initiated in 2009, identifying the Resolution/Motion number, date approved, and
Title.
BE IT RESOLVED that any and all of these Organizational Resolutions be and remain
subject to amendment throughout the year by the Town Board.
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 to 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.
BE IT RESOLVED that the Town of Ulysses join this collaboration effort with Danby,
Caroline, Enfield and Ithaca to write a generic road construction and excavation local law
for Tompkins County Towns at a cost not to exceed $500.
BE IT RESOLVED that the Town Board change the policy of giving $40 per year of
service for a retiring individual from the Town of Ulysses.
********************************************************
JANUARY 12, 2010 –RTB –
BE IT Resolved that the Town Board of the Town of Ulysses approve the vouchers #475
through 516 for 2009 in the amount of $87,557.46 and vouchers #1 through 22 in the
amount of $39,002.13(total reflects less #20 in the amount of $395)
*****
BE IT Resolved that the Town Board of the Town of Ulysses extend the current standing
contract with Chris Austin the Dog Control Officer through February 15th at a rate of
$7500 annually.
*****
*Acceptance of Unique Natural Area County Designations
Whereas, the Tompkins County Environmental Management Council (EMC) has
designated certain areas within the Town of Ulysses as Unique Natural Areas (UNA’s), as
shown on the map dated September 1999 attached hereto; and
Whereas, the Planning Board is in the process of drafting a proposed amendment to the
Zoning Ordnance of the Town of Ulysses for consideration by the Town Board creating a
Conservation Zone; and
Whereas, the UNA’s are important natural resources in the Town;
Therefore, It Is Hereby Resolved that the Town Boar concurs with the designation of the
UNA’s and acknowledges that the UNA’s are an important factor when considering a
Conservation Zone.
*****
*Appoint Lucia Tyler as representative for Health Care Consortium
BE IT RESOLVED that the Ulysses Town Board hereby appoints Lucia Tyler as the
representative to the Greater Tompkins County Municipal Health Care Consortium Board
of Directors, and Kevin Romer as the alternate.
*****
*Designate Liz Thomas and Ken Zeserson as representatives to the NY Assoc. of
Towns
BE IT Resolved that the Town Board of the Town of Ulysses designate Liz Thomas as the
designated delegate to attend the business meeting of the NYS Association of Towns
annual meeting and that Ken Zeserson be the alternate.
*****
*Establish Lakeshore Zoning Committee
BE IT Resolved that the Town Board of the Town of Ulysses approve that the Lakeshore
Zoning Committee is made up of the seven (7) members previously stated. The seven are
Don Smith, Rod Hawks, George Tselekis, Terry Cool, John Wertis, Kris Cail and David
Kerness.
*****
*Set crime coverage for Town officials
BE IT RESOLVED that the following crime coverage for Town officials, appointees and
employees is hereby approved as follows: $250,000 for public employee dishonesty,
$100,000 for forgery and alterations, and excess crime coverage for the Supervisor at
$450,000, Town Clerk at $115,000 and Town Justices at $5,000.”
*****
*Set time for audit of financial records
BE IT Resolved that the Ulysses Town Board shall schedule a meeting to audit the
Supervisor’s financial records, in compliance with Town Law section 29(10), within 20
days of the submission of the Annual Financial Report to the NYS Comptroller’s office.
BE IT Resolved that the Town Board of the Town of Ulysses schedule an audit for the
Town Clerk and Court Clerk on February 3rd at 3pm.
*****
*Authorize SPCA Contract for backup to dog control officer services
BE IT Resolved that the Ulysses Town Board authorizes the Supervisor to sign the
proposed 2010 contract with the Tompkins County SPCA for impoundment and back up
dog control officer services.
*****
Mr. Kerness moved a friendly amendment to the above resolution to have the contract read
as it is but under #14 at the end it would read provided that the clause #14 can be amended
to read “resulting from the actions of Town employees or agents or clause #14 is deleted
completely or clause #14 is amended to make a parallel provision for mutual
indemnification before signing said contract.
****************************************************
JANUARY 28, 2010 STB
* Designate “Library Month”
Ms. Marino moved to suspend the rule for supermajority resolution to consider the library
proclamation, seconded by Mr. Kerness and Ms. Tyler.
BE IT Resolved that the Town Board of the Town of Ulysses authorize Supervisor Marino
to sign the proclamation for “Library Month”.
Ms. Marino moved to suspend the supermajority rule to allow the Board to address the
resolution to add two members to the Ag Farmland Committee, seconded by Mr. Kerness.
*Authorizing Farmland Protection Committee to add two new members.
BE IT Resolved that the Town Board of the Town of Ulysses authorizes the Ag Farmland
Protection Committee to add two additional members making them a committee of nine.
FURTHER Resolved that Allison Pritts and Mark Ochs be appointed to that committee per
the recommendation of the Ag Farmland Committee.
BE IT Resolved that the Town Board of the Town of Ulysses go into executive session to
discuss matters related to the appointment, promotion, demotion, discipline, or removal of
particular personnel (legal phrasing for the particularity of the subjects of discussion).
*******************************************************
FEBRUARY 9, 2010 RTB –
*Approve minutes of 12/8/09, 1/4/10, 1/12/10
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of
the Regular Town Board meeting of December 8, 2009, with the changes and corrections
made tonight.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of
the Organizational Town Board meeting of January 4, 2010, with the changes and
corrections made tonight.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of
the Regular Town Board meeting of January 12, 2010 with the changes and corrections
made tonight.
*Approve budget modifications and vouchers
BE IT RESOLVED that the Town Board of the Town of Ulysses approves to increase
A5132.2 Highway by $61,000 for a total of $64, 000 and increase A5031 Reserve Usage
by $61,000 transferring this out of Capital Reserve Savings Account (#19202000508)
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous
examined vouchers #23 through 84, and the addition of voucher #20 that was removed last
month for the Ithaca Journal (voucher #20) in the amount of $395.01 for a total of
$64,683.17.
*Stormwater Contract with Soil and Water Conservation
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor
Marino to renew the agreement with Tompkins County Soil and Water to have them
provide Ulysses with the technical review for Stormwater.
*Appointment of Liz Thomas and Kevin Romer to the Emergency Management
Service Task Force,
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Kevin Romer
and Liz Thomas to the Village of Trumansburg EMS Task Force group.
*Change of language to the fire contract
BE IT Resolved that the Town Board of the Town of Ulysses approve the wording for the
Fire Contract with the following changes to the wording:
“5. this contract shall be for a term of one calendar year, beginning January 1, 2010 and
ending December 31, 2010. The parties hereto acknowledge that the Village of
Trumansburg may implement a new arrangement for provision of emergency medical
services during calendar year 2010. If the Village forms a new entity for provision of such
services, the parties agree that the provisions of this Agreement which pertain to
emergency medical services may be assigned to such new entity. Any new arrangement by
the Village to bill service recipients for emergency medical services shall require prior
written approval of each town and the adoption by each town of rules and regulations
authorizing billing for such services.”
*****
*Change of TB meeting date and time
BE IT RESOLVED that the Town Board of the Town of Ulysses change the second
meeting of the Town Board from the 4th Thursday at 7 pm to the 4th Tuesday at 7:30 p.m.
The first meeting will be February 23rd at 7:30 p.m.
*****
*Appoint Richard Coogan to BZA and David Means to Assessment Advisory Board
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Richard Coogan
to the five year term on the Zoning Board of Appeals.
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint David Means to
serve on the Local Assessment Advisory Board.
*****
*SPCA contract through Tompkins County Animal Control
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the contract with
the SPCA as follows:
This Animal Control Services Agreement is effective as of the __the day of February,
2010, by and between the SPCA of Tompkins County, a not-for-profit corporation created
and existing under the laws of the State of New York, having its principal place of business
at 1640 Hanshaw Road in the Town of Dryden, County of Tompkins, State of New York
dba: TOMPKINS COUNTY ANIMAL CONTROL (TCAC), and the Town of Ulysses,
a municipal corporation of the State of New York.
In consideration of the covenants contained herein and other good and valuable
consideration, the parties hereby agree as follows:
1. This Agreement has a term of 3 years beginning January 1, 2010 through
December 31, 2012 and includes the Consortium of Towns of Newfield, Enfield,
Danby, Caroline, Ulysses, Ithaca, and the City of Ithaca.
2. The terms of a new 3-year Agreement must be established before July 31, 2012
3. If a municipality states its intention to terminate its participation after three years,
the TCAC budget, for the reduced workload, will be divided up with the
participating municipalities per their respective total of human and dog populations
pursuant to the formula set forth on page 4, under “Fiscal Matters”, par.2.
4. If a municipality exercises its right to terminate this agreement with 60 days notice,
the Advisory Board, as defined on page 2, will recommend a financial solution for
the remainder of that calendar year. That financial solution must be ratified by the
Boards of the SPCA of Tompkins County and the remaining participating
municipalities. If universal ratification cannot be achieved, this agreement will be
terminated for all parties within 60 days of such impasse.
5. Each participating municipality will by resolution deputize TCAC as the dog
control agency and notify the New York State Department of Agriculture &
Markets of that action. Each municipality will grant TCAC access to the New
York State database for dog licenses.
ADVISORY BOARD
1. TCAC Advisory Board will be comprised of three members chosen by the
participating municipalities and appointed by resolution of each participating
municipality, serving along side three SPCA board members and one TCAC senior
staff.
2. The Advisory Board will be the body to negotiate terms of any future agreements.
3. The Advisory Board will review dog control statistics and financials data and
recommend procedures and policies to the Consortium municipalities and TCAC.
4. The annual budget for dog control will be recommended by the Advisory Board to
the Consortium municipalities and TCAC by October 1st of the year prior to its
implementation for approval separately by each party of the Consortium.
5. The Advisory Board will also be the panel for hearing and resolution of disputes
between a participating municipality and management of TCAC.
DOG CONTROL SERVICE
1. Within the physical boundaries of the Municipality, the TCAC, through its duly
appointed agents and employees, will serve as the “dog control officer”
pursuant to Article VII of the Agriculture and Markets Law of the State of New
York (the “Law”) and, in such capacity, will enforce the provisions thereof,
including any rules and regulations promulgated thereto or hereunder. The dog
control officers will have the required Division of Criminal Justice Services
(“DCJS”) training and be certified peace officers.
2. Within the physical boundaries of the Municipality, the TCAC, through its duly
appointed agents and employees, will provide the following services, including
but not limited to:
a. Seize and impound unlicensed dogs of which the TCAC becomes aware, as
described in local laws, as well as any dog found off an owner’s premises
not wearing the tag required by Law;
b. Enforce provisions of quarantine orders enacted pursuant to Sections 122
and 123 of the Law whenever such laws are in effect within Tompkins
County;
c. Provide and maintain a shelter or pound for seized dogs and for lost, stray,
abandoned, or homeless dogs in accordance with Section 115 of the Law.
Note this shelter is not required to be within the physical boundaries of the
Municipality;
d. All seized and unredeemed dogs pursuant to Section 118 of the Law will be
humanely destroyed (in accordance with the procedures described in the
Law) or make them available for adoption through the SPCA of Tompkins
County;
e. Provide proper and veterinary care for all dogs in the shelter described in
Section 2(c) above, which shelter shall be under the care and charge of a
competent and trained employee(s); and
f. TCAC will:
i. Require proof of or provide rabies vaccination prior to adoption or
redemption, and
ii. Provide for licensing under the authority of the participating
Municipality, and
iii. Keep records as required by sections 114(5) & (6) of the Law; and
g. Maintain a regular schedule during which the shelter described in Section
2(c) above will be open to the public.
3. The TCAC will enforce the provisions of any lawful dog control law or
ordinance of the Municipality, including TCAC will prepare and issue
appearance tickets in a prompt and timely manner (where called for within the
Municipality’s corporate limits) and respond to reasonable requests for service
within six (6) business hours. The Municipality will be made aware within 24
hours of any requests for service where TCAC didn’t respond. The TCAC will
strive to talk to owners as a first response to any request for service so that
disputes may be resolved prior to the issuance of an appearance ticket, but
recognize that some situations require immediate action.
4. Each municipality will send out notices of dog license renewal and notice of
expired license if needed. The Municipality will notify TCAC of any dog
owners holding an overdue dog license. TCAC will make reasonable attempts
to make physical contact with the dog owner to deliver court appearance
tickets.
5. TCAC will not issue or enforce any type of warrant, including, but not limited
to, bench, arrest, and search and seizure warrants. However, the TCAC may
accompany a police officer, upon request of the officer so named in any search
and/or seizure warrant, where animal control or welfare issues may, will or do
arise in connection with enforcement or execution of any such warrant. Neither
the TCAC, nor any of its employees, officers, or animal control personnel
(hereinafter referred to collectively as its “Agents”), shall be required to act as a
prosecutor to enforce issued appearance tickets before any Court or Magistrate.
TCAC will, however, with respect to those matters as to which TCAC
personnel have personal knowledge, provide witnesses for any court proceeding
as required by the Municipality without any cost to that Municipality.
6. Responses to requests for service shall be provided on a 24-hour, seven days
per week basis. Requests are considered “Emergency” where they occur
outside the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, and 9:00
a.m. and 4:00 p.m. on Saturday and Sunday. TCAC reserves the exclusive right
to determine if a situation qualifies as an emergency. The Municipality will be
made aware via email or phone call within 24 hours of any requests for
emergency service for dog control that were denied.
FISCAL MATTERS
1. The annual charge for dog control service for 2010 will be $14, 802. The cost
distribution is based on the year 2000 human population.
2. For 2011 and beyond, the distribution of costs, determined by TCAC, will be
prorated by a sum of human and dog populations for each participating
municipality as its fraction of the total human and dog population for the
Consortium. TCAC will notify the Municipality in writing by September 30th of
each year of the annual charge to the Municipality for the next year.
3. The parties agree that the TCAC shall be compensated by participating
municipalities for its performance of the above-described services as follows. If
the contract is not paid in full, then any outstanding balance shall be paid down in
equal monthly increments over the course of the year. Each monthly payment shall
be paid by the Municipality on or about the 15th day of the month following the
month in which services were rendered.
4. TCAC will remit to the Municipality all impoundment and license fees collected by
the 15th of each month. The SPCA of Tompkins County will be entitled to retain
all adoption fees. The adoption fee schedule shall be consistent for all
municipalities that are participating in this Consortium.
5. The SPCA does not have the right to waive impoundment fees.
DOG CENSUS
1. The Advisory Board shall develop proposed language for dog census protocol
and present to each participating municipality of the Consortium for approval to
add as an addendum to this Agreement.
2. Each participating municipality must complete a dog census by September 30,
2010. The dog census process must meet the protocol’s requirements.
3. Each participating municipality must update its dog census every three (3)
years.
MISCELLANEOUS
1. This Agreement shall commence as of February __, 2010 and continue through
December 31, 2012. TCAC and the Municipality, reserve the right to terminate the
agreement at any time for any reason by giving the TCAC and the remaining
municipalities sixty (60) days written notice. Notices shall be delivered by hand,
certified mail-return receipt requested, or overnight delivery courier. Notices shall
be addressed to the Supervisor or Mayor at the municipal offices (in the case of
notice to a town or city), or to the SPCA’s Executive Director at the address listed
above (in the case of notice to the SPCA). Notices are deemed given when
received.
2. The TCAC shall allow the Municipality, upon five (5) days’ written request, to
inspect TCAC’s books and records during normal business hours, excluding
confidential information pertaining to individuals. The TCAC will deliver to the
Advisory Board quarterly reports of all activities and financials.
3. TCAC will maintain general liability insurance coverage in a minimum amount of
$1,000,000 per occurrence, with a $2,000,000 general aggregate. The Municipality
shall be named an unrestricted additional insured, and the policy shall:
• Be purchased from an A.M. Best rated "secured" New York State licensed insurer.
• Contain a 30-day notice of cancellation, non-renewal or material change.
• State that the organization's coverage shall be primary coverage for the Municipality,
its Boards, officers, employees, agents and volunteers.
• The Municipality shall be listed as an additional insured by using endorsement CG
2026 or broader. The certificate must state that this endorsement is being used. If
another endorsement is used, a copy shall be included with the certificate of
insurance.
• Be written on an occurrence basis.
TCAC acknowledges that failure to obtain such insurance on behalf of the Municipality
constitutes a material breach of contract. TCAC is to provide the Municipality with a
certificate of insurance, evidencing the above requirements have been met, prior to the
commencement of its services. The failure of the Municipality to object to the contents of
the certificate or the absence of same shall not be deemed a waiver of any and all rights
held by the Municipality.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day
and year first written below.
BE IT Resolved that the Town Board of the Town of Ulysses authorizes the Town
Supervisor to sign a grant application to the New York State Energy Research
Authority (NYSERDA), currently known as RFP 10.
FURTHER Resolved the grant would provide funds for a staff person or persons, or
consultant to work among several municipalities in Tompkins County to work on the
following types of projects:
* Projects to perform energy management functions
* Projects to inventory local greenhouse gas emissions and
developing reduction plans
* Projects to develop zoning guidelines for sustainable development
* Projects to implement regional plans that reduce energy use in
various sectors
The grant submission is a collaboration between the Towns of Danby, Dryden, Caroline,
Enfield, and Ulysses. Ulysses will not be the lead agency for the submission, and there is
no cost to the Town associated with inclusion as a collaborator. The date for submission is
February 17, 2010.
Whereas there are many unresolved environmental issues associated with (hydrofracking)
gas drilling,
BE it resolved that the Town of Ulysses will not lease any of its property for gas drilling,
nor sell any water from its municipal source for that purpose.
***********************************************************
FEBRUARY 23, 2010 STB
*Appoint Citizen’s Advisory Board for Gas Drilling
RESOLUTION TO CREATE A
CITIZEN’S ADVISORY BOARD TO FOCUS ON
DRILLING FOR GAS IN THE MARCELLUS SHALE
Whereas extracting natural gas from the Marcellus Shale by means of hydrofracturing is a
complex topic with potential negative effects on water, air, roads, community, and
legislated land uses within the Town of Ulysses limits; and
Whereas according to Article IX of the New York State Constitution, it is the Town’s duty
to enact laws to protect the safety, health, and well-being of persons or property within the
Town borders; and
Whereas without paid staff to work on this subject, the Town Board does not have
sufficient information to make critical decisions.
Therefore be it resolved that the Town of Ulysses appoint a Gas Drilling Advisory Board
consisting of citizens from within the Town of Ulysses and Village of Trumansburg to
assist in collecting information. Suggested tasks involve but are not limited to:
• Providing the Town Board with background material specifically to explore road
protection ordinances and driveway permits.
• Explore protections for residents living in close proximity to wells regarding noise,
light, air quality, water quality, and disposal of waste water from drilling activities.
• Collect data on existing vertical wells, abandoned or active. Provide data on lease lands
to keep residents aware of drilling activities within the Town.
• Work with other municipalities to exert local control over land uses and watershed
management.
• Explore mechanisms to affect placement of pipelines throughout the Town.
• Implement local education programs.
Be it also resolved that Ken Zeserson will serve as chair of the Gas Drilling Advisory
Board and Elizabeth Thomas will serve as Town Board liaison. The Advisory Board will
attempt to include representation from the Village of Trumansburg in order to help advice
Village Trustees on topics of concern specifically to the Village. The Board will consist of
5 citizens at most, with the following having been identified:
Ken Zeserson
Michelle Bamberger
Robert Oswald
Judy Abrams
Ms. Marino moved to go into executive session to discuss matters related to the
appointment, promotion, demotion, discipline, or removal of particular personnel. Mr.
Kerness seconded the motion and the vote was taken.
BE IT Resolved that the Town Board of the Town of Ulysses approve that all elected
officials of the Town sit at the tables.
****************************************
MARCH 9, 2010 RTB
*Approval of vouchers
BE IT Resolved that the Town Board of the Town of Ulysses approve voucher numbers 85
through 90 and 92 through 137 in the amount of $103,165.28.
*****
*Allowing Court Justices to contract for outside Clerk services
Whereas the Town Court Clerk is in the hospital and is expected to be out two to four
weeks;
BE IT RESOLVED that the Town Board of the Town of Ulysses allow the Town
Justices to contra ct for services up to 40 hours per week for $15 per hour.
*****
*Purchase of Tables
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the purchase
of the tables for the conference and be paid for out of the A Fund.
BE IT RESOLVED that th e Town Board of the Town of Ulysses approve to increase
A5132.2 Highway Barns by $3000 and decrease Capital Building Reserve by the
$3000,
*Authorize Supervisor to sign CCE contract
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supe rvisor
Marino to sign the contract with Cornell Cooperative Extension.
*****
*Entering Insurance Consortium
AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE GREATER
TOMPKINS COUNTY MUNICIPAL INSURANCE CONSORTIUM
Whereas, the Tompkins County Council of Governments (TCCOG) is comprised of all the
municipalities in Tompkins County and
Whereas, the Town of Ulysses is a member of the Tompkins County Council of Governments
(TCCOG), and
Whereas, health care costs for Tompkins County and other local governments have been
increasing each year at rates much higher than inflation, which can be addressed by pooling our
buying power,
Whereas,, in 2007, the County, on behalf of TCCOG, accepted an incentive grant award
under the New York State Shared Municipal Services Program to assist the municipalities in
Tompkins County to create local municipal health care consort into, and
Whereas. the Greater Tompkins County Municipal Health Insurance Consortium developed health
benefits coverage for all participating municipalities with the intent of providing a net savings to
the taxpayers of Tompkins County, a goal the Town of Ulysses supports, and
Whereas, TCCOG encourages the signature of an inter-municipal agreement by TCCOG
members, an
RESOLVED, on recommendation of the Town Board, the Chief Elected Official of
the Town of Ulysses is hereby authorized to execute a municipal cooperative
agreement effective May 1, 2010, with the Greater Tompkins County Municipal Health
Insurance Consortium for the, New York State Shared Municipal Services Program.
*****
*Investigate installation of water meter
BE IT RESOLVED that the Town Board of the Town of Ulysses move forward with the
Town of Ithaca to install a water meter to better track the water usage the Town of Ithaca
charges the Town assuming that the cost of the project will be split 50/50 at a total cost of
the $125,000.
Friendly amendment moved by Ms. Tyler, seconded by Ms. Thomas
Further resolve that if the Town goes forward 50/50 on this meter all of the penalty charges will be
removed.
Ms. Marino moved to go into executive session to discuss matters related to the
appointment, promotion, demotion, discipline, or removal of particular personnel. Mr.
Kerness seconded the motion and the vote was taken.
***************************************************************
MARCH 15, 2010 STB
*Authorize Supervisor to sign Fire Protection Agreement
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Ms. Marino to
sign the contract with the Village of Trumansburg for the Fire Protection Agreement for
2010.
*****
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize the payment of
voucher #91 in the amount of $398.34 to USA Blue Book.
2009 Budget adjustment:
A Fund Increases
Budget line Name
1010.4 Town Board CE 8.86
1112.1 Justice Clerk PS 6.02
1411.1 Deputy Town Clerk .12
1620.4 Buildings CE 2,147.10
1670.4 Central Print/Mail 1,041.18
3510.1 Dog Control PS 0.04
5132.2 Town Barn Capital 4,078.26
5132.4 Garage CE 325.71
5182.4 Street Lighting CE 27.33
7301.4 Youth CE 7054.57
9030.8 Social Security Town 1,030.77
Total Increases 25,711.10
A Fund Decreases
Budget line Name
1110.4 Justices CE 1,521.16
1410.4 Town Clerk CE 2,455.55
1420.4 Attorney CE 2,580.50
1450.4 Elections CE 2,632.00
1650.4 Central Communic 3,947.95
1990.4 Contingency 9,323.00
9010.8 State Retirement 3,250.94
Total Decreases 25,711.10
2009 Budget adjustments:
DA Fund Increases
Budget line Name
5130.4 Garage CE 350.00
5140.1 Brush and Weeds 1,015.33
Total Increases 1,365.33
DA Fund Decreases
Budget line Name
5142.4 Snow Removal CE 1,365.33
Total Decreases 1,365.33
2009 Budget adjustments:
DB Fund Increases
Budget line Name
5110.1 General Repairs PS 330.71
Total Increases 330.71
DB Fund Decreases
Budget line Name
9040.8 Workman’s Comp 330.71
Total Decreases 330.71
2009 Budget adjustments:
B Fund Increases
Budget line Name
8020.4 Planning CE 13,079.44
9010.8 State Retirement 999.56
Total Increases 14,071.00
B FUND Decreases
Budget line Name
8023.4 Comp Plan CE 14,071.00
Total Decreases 14,071.00
2010 Budget adjustment:
Dog Control and Impoundment: Need to adjust budget to reflect the change to SPCA
contract:
Decrease A3501.4 Dog Control PS to $1,250 (move the $6750 left into Dog Control CE
3510.4)
Decrease A1990.4 Contingency Account by $5,552 (move to Dog Control CE) – 1990.4
budget line becomes $9,448)
Increase Dog Control CE 3510.4 to $14,802
Change SW38310.1 to $15,929.
Change SW28311.1 to 11,777.
Ms. Marino explained that at the time the 2010 budget was passed these two salaries in
Water District #3 were left with a 3% increase when the Board’s intention was that all
salaries would be 1%. This Fund got overlooked.
Ms. Marino moved to go into executive session to discuss matters related to the
appointment, promotion, demotion, discipline, or removal of particular personnel. Mr.
Kerness seconded the motion and the vote was taken.
****************************************************
MARCH 23, 2010 STB
*Approve minutes 1/28, 2/9, 2/23
BE IT RESOLVED that the Town Board of the Town of Ulysses to approve the minutes
from the Regular Town Board meeting of February 9, 2010 and the Special Town Board
meetings of January 28, 2010 and February 23, 2010 as corrected by Ms. Poelvoorde and
emailed to the Board.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following
2009 budget modifications:
B Fund
Increase B8021.1 Planning Manager PS $1,909.80
B9055.8 Disability Insurance 4.50
Decrease B1990.4 Contingency Account 1,914.30
Ms. Marino aye
Ms. Thomas aye
Ms. Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
2010 Budget Modifications
SW3 Water
Increase SW39040.8 Workers Comp 272.00
Decrease SW38340.4 Trans./Dist CE 272.00
*Triathlon
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor
Marino to write a letter to Jane Miller, Director of the Cayuga Lake Triathlon giving them
permission to use public roads in the Town’s jurisdiction for the bicycle portion of the race
on August 1, 2010.
*Establish Water Distribution and Maintenance Operator Position
RESOLUTION TO ESTABLISH WATER DISTRIBUTION AND MAINTENANCE
OPERATOR POSITION
Be it resolved that:
The Town of Ulysses hereby establishes the competitive class position of Water
Distribution and Maintenance Operator, as approved by the Tompkins County Personnel
Department dated February 22, 2010 and amended by the Town Board March 23, 2010
(position description attached to this resolution). The Water Distribution and Maintenance
Operator is responsible for the maintenance, daily operation, and repairs of Town water
systems so as to ensure continued distribution of potable water to the customers.
Be it further resolved that:
This resolution rescinds and supersedes all previous resolutions by the Ulysses Town
Board pertaining to the above-described job functions.
*Appoint Water Distribution and Maintenance Operator
RESOLUTION TO APPOINT A WATER DISTRIBUTION AND MAINTENANCE
OPERATOR
The Ulysses Town Board hereby appoints Douglas Austic to the position of Water
Distribution and Maintenance Operator until December 31, 2010. This is a provisional
appointment, pending either re-classification of the position to non-competitive status or
successful final rating on the necessary competitive examination. This resolution
supersedes all previous resolutions by the Ulysses Town Board pertaining to the job
functions associated with operation, maintenance, and repair of Town water systems.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves to have future
Town Board minutes reflect any official actions with the motions, resolutions and the vote
and
Further resolve that individual agenda items have a short synopsis and indicate the general
time of the topic and discussion.
*************************************************
APRIL 13, 2010 RTB
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous
examined vouchers #’s 138 through 191 in the amount of $170,208.17.
*****
*Establish new Code of Ethics Policy
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the Code of
Ethics policy as amended March 13th, 2010 as follows:
TOWN OF ULYSSES – CODE OF ETHICS
WHEREAS, the General Municipal Law provides that all towns shall enact a
Code of Ethics and that it be filed with the State Comptroller on or before
December 31, 1970, and
WHEREAS, this Town Board believes that a Code of Ethics will provide town
public officials and employees with adequate and definitive guidelines for their
official conduct, be it
RESOLVED, that the Town Board of the Town of Ulysses does hereby enact and
adopt the following resolution and that a certified copy be sent to the comptroller
of the State of New York and also one copy be posted on the Town Clerk’s
bulletin board:
Section 1. Pursuant to the provisions of Section Eight Hundred Six of the General
Municipal Law, the Town Board of the Town of Ulysses recognizes that there are
rules of ethical conduct for public officials and employees which must be observed
if a high degree of moral conduct is to be obtained and if public confidence is to be
maintained in our unit of local government. It is the purpose of this resolution to
promulgate these rules of ethical conduct for the officers and employees of the
Town of Ulysses. The rules of ethical conduct of this resolution as adopted, shall
not conflict with, but shall be in addition to any prohibition of Article Eighteen of
the General Municipal Law or any other general or special law relating to ethical
conduct and interest in contracts of municipal officers and employees.
Section 2. – Definition
A. “Municipal Officer or Employee” means an officer, appointee, or employee
of the Town of Ulysses, whether paid or unpaid, including members of any
administrative board, committee, commission or other agency thereof. No
person shall be deemed to be a municipal officer or employee solely by reason
of being a volunteer fireman or civil defense volunteer, except a chief engineer
or assistant chief engineer.
B. Interest means a pecuniary or material benefit accruing to a municipal officer
or employee unless the contract otherwise requires.
Section 3. – Standards of Conduct.
Every officer or employee of the Town of Ulysses shall be subject to and abide by
the following standards of conduct:
A. Gifts. He/she shall not directly or indirectly (through family members), solicit
any gift; or accept or receive any gifts having an annual cumulative value
greater then seventy-five dollars and that $75 referred to is the limit of all
permissible gifts to an affected employee or public official regardless of
number of such gifts. The gifts could be in the form of money, services, loan
travel, entertainment, hospitality, promise or any other form, under
circumstance in which it could reasonably be inferred that the gift was intended
to influence him/her or could reasonably be expected to influence him/her, in
the performance of his/her official duties or was intended as a reward for any
official action on his/her part.
B. Confidential Information. He/she shall not disclose confidential information
acquired by him in the course of his official duties or use such information to
further his personal interests.
C. Representation before one’s own agency. He/she shall not receive, or enter
into any agreement, express or implied, for compensation for services to be
rendered in relation to any matter before any municipal agency of which he is
an officer, member or employee or of any municipal agency over which he has
jurisdiction or to which he has the power to appoint any member, officer or
employee.
D. Representation before any Agency for a contingent fee. He shall not
receive, or enter into any agreement, express or implied for compensation for
services to be rendered in relation to any matter before any agency of his
municipality, whereby his compensation is to be dependent or contingent upon
any action by such agency with respect to such matter, provided that this
paragraph shall not prohibit the fixing at any time of fees based upon the
reasonable value of the services rendered.
E. Disclosure of Interest in Legislation. To the extent that he knows, thereof, a
member of the Town Board and any officer or employee of the Town of
Ulysses, whether paid or unpaid, who participates in the discussion or gives
official opinion to the Town Board on any legislation before the Town Board
shall publicly disclose on the official record the nature and extent of any direct
or indirect financial or other private interest he has in such legislation.
F. Investments in Conflict with official Duties. He shall not invest or hold any
investment directly or indirectly in any financial, business, commercial or
private transaction, which creates a conflict with his official duties. In the event
such a conflict exists he or she shall recuse him or herself from any decisions
involving such conflicts
G. Appearance of Impropriety. A public official or employee must avoid
circumstances that compromise his/her ability to make decisions solely in the
public interest or create an appearance of impropriety.
H. Recusal. A public official or employee must rescue himself when faced with
the above conflicts. Recusal defined-Recusal means that the official may not
deliberate, vote, or participate in any way in such matter. The official should
disclose his or her conflict and remove him or herself from the board.
I. Town Property. No employee or public official shall use town property or
assets for personal purposes or profit or to benefit a private party. Use of town
property or assets 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.
K. Private Employment. He/she shall not engage in, solicit, negotiate for or
promise to accept private employment or render services for private interests
when such employment or services creates a conflict with or impairs the proper
discharge of his official duties.
L. Future Employment. He shall not, after the termination of service or
employment with such municipality, appear before any board or agency of the
Town of Ulysses in relation to any case, proceeding or application in which he
personally participated during the period of his service or employment or which
was under his active consideration.
M. Subordinates. No public official shall solicit political contributions from
subordinates.
N. Incompatible Positions. A public official is prohibited from (a) holding
positions when one is subordinate to the other (b) Holding positions when the
duties of the positions conflict.
Section 4. – Right to File Claims.
Nothing herein shall be deemed to bar or prevent the timely filing by a present or
former municipal officer or employee of any claims, account, demand or suit
against the Town of Ulysses, or any agency thereof on behalf of himself or any
member of his family arising out of any personal injury or property damage or for
any lawful benefit authorized or permitted by law.
Section 5 – Distribution of Code of Ethics.
The Town Clerk of the Town of Ulysses shall give a copy of this Code of Ethics to
every public official and employee of the Town of Ulysses upon appointment or
request or update of document. A signed document reflecting receiving and
understanding of Ulysses Code of Ethics Policy (see attachment 1) must be
returned to the Town Clerk within 3 months. The attorney for the Town shall
provide annual training for Ulysses public officials and employee’s concerning the
requirements of the Town Code of Ethics.
Section 6 – Penalties.
Any Town of Ulysses employee or public official may submit in writing alleged
ethical issues or concerns to the Tompkins County Ethics Board for review and
investigation. Infractions of the Code of Ethics that are confirmed by such
investigation will be referred to the Town Board for action.
Section 7 – Effective Date.
This resolution shall take effect 30 days after it is filed as provided in Section
Twenty-seven of the Municipal Home Rule Law.
This is to certify that the above Revised Code of Ethics was adopted by the
Town Board of the Town of Ulysses April 13, 2010.
MEMORANDUM
The purpose of this Memorandum is to advise each employee, appointee, and public
official of changes to the Code of Ethics Policy for the Town of Ulysses. A copy of the
Code of Ethics is attached to this Memorandum for your information.
Please review the attached Ethic’s Policy and if there are any components of the Policy
that you do not understand or would like to comment on, please send your questions in
writing or via e-mail to: Marsha L. Georgia, Town Clerk 10 Elm Street, Trumansburg, NY
- email - touclerk@twcny.rr.com
After reviewing the Code of Ethics Policy, sign the attached declaration affirming that you
have read and understood the Policy and return this sheet to Marsha L. Georgia, Ulysses
Town Clerk. If you feel you cannot sign the declaration, you will need to attend the Ethics
Training provided by the town of Ulysses.
Each employee and elected official should be aware that the gift limit described therein is a
cumulative, annual gift limit and that the $75 referred to is the limit of all permissible gifts
to an affected employee or official regardless of the number of such gifts.
Beginning January 13, 2009 any alleged infractions of the Town of Ulysses Code of Ethics
Policy will be referred to the Tompkins County Board of Ethics for investigation.
Infractions of the Code of Ethics that are confirmed by such investigations will be referred
to the Town Board for action.
Town of Ulysses – Code of Ethics Declaration
Town of Ulysses Code of Ethics Policy
I __________________________________ have received a copy of the Code of Ethics
Policy for the Town of Ulysses. I have read and understand the Code of Ethics Policy for
the Town of Ulysses and understand that it is my responsibility as an elected official,
public official, or staff member for the Town of Ulysses to adhere to its requirements.
If you cannot sign this declaration it is mandatory for you to attend the Town of Ulysses
Ethics training.
I understand that any alleged violations of the Town of Ulysses Code of Ethics Policy
will be referred to the Tompkins County Board of Ethics for review and investigation.
_________________________________ __________________________________
Date Signature
*****
*Withdraw Supplemental Generic Environmental Impact Statement
REQUEST TO GOVERNOR DAVID A. PATERSON to Withdraw the draft
Supplemental Generic Environmental Impact Statement Related to Horizontal
Drilling and High-Volume Hydraulic Fracturing to Develop Marcellus Shale and
Other Low-Permeability Gas Reservoirs
WHEREAS, the Town of Ulysses, a community in Tompkins County is wholly located
above a portion of the Marcellus Shale formation, a low-permeability rock formation
estimated to contain reserves of natural gas; and
WHEREAS, recent technological developments including horizontal drilling and high -
volume hydraulic fracturing have enabled energy exploration companies to potentially
mine this resource in New York State, including the Town of Ulysses; and
WHEREAS, the Town of Ulysses recognizes the need for interim energy sources as our
state and country transition to widespread economical renewable energy use; and
WHEREAS, the Town of Ulysses recognizes that, if properly regulated, the development
of natural gas resources in New York State could present some communities and residents
with financial benefit; and
WHEREAS, the Town of Ulysses also realizes that the aforementioned potential financial
benefits could easily be offset by unforeseen and preventable damage to the Upstate
economy, including the tourism, wine, agriculture and education industries, should
development of natural gas resources be allowed to continue in a largely unregulated
manner; and
WHEREAS, land-use planning in the Town of Ulysses is guided by a Comprehensive Plan
and Zoning Ordinance; and
WHEREAS, in addition to residential, commercial and industrial zones, the Town of
Ulysses is also comprised of sizable areas unique natural areas, ecologically fragile surface
waters, or other land unsuitable for surface disturbance, and
WHEREAS, through the Comprehensive Plan process, Town of Ulysses residents have
overwhelmingly identified environmental protection as a top priority for consideration in
land-use and growth management policies; and
WHEREAS, the Town of Ulysses has historically taken an active role in the siting and
permitting of development within its borders, including industry; and
WHEREAS, it is generally recognized that NYSDEC has assumed de facto siting and
permitting authority related to the exploration and extraction of natural gas; and
WHEREAS, the process of hydraulic fracturing involves the use, retention and disposal of
millions of gallons of fracturing fluid and wastewater that is high in dissolved solids and
contains toxic and radioactive materials, some of which are not subject to public disclosure
requirements; and
WHEREAS, there are no requirements for closed, above-ground storage facilities, nor pre-
treatment requirements, for the fracturing fluid and wastewater generated during the
fracturing process; and
WHEREAS, the United States Environmental Protection Agency is preparing to undertake
an investigation of the impacts of hydraulic fracturing on the environment; and
WHEREAS, there have been hundreds of reported spills, fires and contaminated water
supplies related to conventional vertical well drilling in New York State, and surface
contamination related to the retention and disposal of fracturing fluid and wastewater from
natural gas operations; and
WHEREAS, staff resources of the NYSDEC Division of Mineral Resources, Bureau of Oil
and Gas Regulation are dangerously inadequate to manage current drilling activities in
New York State and, so, are not sufficient to handle the widespread proliferation of deep
well horizontal drilling and hydraulic fracturing; and
WHEREAS, the proposed fee structure related to permitting new wells would not provide
finances adequate to staff NYSDEC to the degree necessary to process and manage an
onslaught of new and more complicated drilling operations, thereby potentially creating a
taxpayer subsidy for the oil and gas industry; and
WHEREAS, there is no strict liability requirement for natural gas drilling waste releases
by energy companies, potentially shifting the financial burden of remediating
contamination related to drilling and extraction to taxpayers; and
WHEREAS, New York State’s Spill Remediation Fund may only be available for
emergency response related to oil spills, excluding emergencies related to natural gas; and
WHEREAS, reporting requirements for uncontrolled oil and gas releases are currently
insufficient and could be made similar to those for leaking underground storage tanks; and
WHEREAS, according to NYSDOT, New York State and Tompkins County reportedly
contain the alarmingly high percentage (37%) of structurally deficient or functionally
obsolete bridges; and
WHEREAS, the widespread development of natural gas resources in New York State
would involve the regular transport of heavy equipment and routine hauling of large
volumes of hydraulic fluid and hydraulic fracturing wastewater over state, county and
municipal roads and bridges, creating potentially dangerous conditions and a potential
financial burden for taxpayers; and
WHEREAS, foreknowledge of the siting of industrial facilities related to natural gas
development is critical to acquiring an understanding of future road usage for bonding and
planning purposes, and no such advance notification requirement exists; and
WHEREAS, a comprehensive analysis of the statewide impacts of natural gas
development utilizing a “full build-out” scenario has not been done; and
WHEREAS, the Town of Ulysses has a responsibility to preserve and protect its natural
resources, water resources, infrastructure, and residents’ quality of life.
NOW, THEREFORE BE IT
RESOLVED, that the Town of Ulysses Board hereby requests that the Honorable David A.
Paterson, Governor, withdraw from the current SEQRA review the Draft Supplemental
Generic Environmental Impact Statement On The Oil, Gas and Solution Mining
Regulatory Program- Well Permit Issuance for Horizontal Drilling And High-Volume
Hydraulic Fracturing to Develop the Marcellus Shale and Other Low-Permeability Gas
Reservoirs, as the aggregate protection provided therein is inadequate to safeguard the
public health, environment and economy of New York State.
BE IT FURTHER RESOLVED that the Town Board of the Town of Ulysses requests that
no new permits be issued for horizontal drilling and deep well hydraulic fracturing until
the aforementioned and following regulatory issues are addressed:
1. Allow municipal control over permitting, siting and certain construction and operational
parameters in accordance with a municipality’s land-use regulations and local laws.
2. Require closed storage and pre-treatment of fracturing fluid and wastewater from natural
gas operations. Prohibit surface storage and surface disposal of fracturing fluid and
wastewater from natural gas operations.
3. Require complete public disclosure of fracturing fluid and drilling wastewater
constituents.
4. Require independent comprehensive baseline water quality testing of any and all
potentially impacted public and private drinking water sources, financed by energy
companies.
5. Mandate setbacks from private and public water sources that are adequate to protect
them from uncontrolled releases of gas and hydraulic fluid, which, according to NYSDEC
historical spills data, can migrate thousands of feet in minutes.
6. Impose strict reporting requirements for uncontrolled oil and gas releases consistent with
New York State Navigation Law.
7. Impose strict financial liability on energy companies for environmental remediation
costs.
8. Allow access to New York State’s Spills Remediation Fund for emergency clean-up
related to natural gas drilling contamination releases.
9. Create a permit fee structure to finance adequate staffing at NYSDEC and training of
local emergency response personnel.
10. Require energy companies to post performance bonds or acquire pollution clean-up
insurance prior to initiating site work.
11. Require disclosure of development plans far enough in advance to allow for planning
and bonding for bridge and roadway use.
12. Conduct a comprehensive analysis of statewide impacts of natural gas development,
using a “full build-out” scenario based on the maximum allowable wells per acre.
Be it also resolved that a copy of this resolution shall be sent to Governor Paterson,
Regional Representative to the Governor Kevin McCab, NYSDEC Commissioner Grannis,
NYS Secretary of the Environment Peter Iwanowicz, State Senators Winner, Seward, and
Nozzolio, State Assembly Speaker Silver, State Assemblywoman Lifton, NYS Senate
President Malcolm Smith, NYS Senate Majority Leader Pedro Espada, Chair of State
Senate Committee on Environmental Conservation Thompson, Chair of State Assembly
Committee on Environmental Conservation Sweeney, State Attorney General Cuomo, U.S.
Representatives Hinchey and Arcuri, U.S. Senators Schumer and Gillibrand, EPA Region
2 Regional Administrator Judith Enck, New York Comptroller, Thomas DiNapoli and New
York State Association of Towns and Municipal Officials and Clerks.
*****
*Support for State legislation urging stricter oversight of hydrofracturing
RESOLUTION TO SUPPORT PROPOSED STATE LEGISLATION URGING
STRICTER OVERSIGHT OF HORIZONTAL DRILLING AND HIGH-VOLUME
HYDARULIC FRACTURING USED IN THE EXTRACTION OF NATURAL GAS
FROM THE MARCELLUS SHALE FORMATION
Whereas the proposed New York State bill number A10088 prohibits the use of on-site,
open-pit storage of flow back waters due to the hazards they potentially pose for wildlife
and the surrounding water quality from accidental releases. This bill proposes the use of
steel tanks for flow back storage to minimize such hazards, and;
Whereas the proposed New York State bill number A10090 prohibits on-site disposal
or burial of drill cuttings from natural gas wells due to the extreme volume of cuttings
generated of between 100 and 500 times the volume generated at vertical well sites.
Oxidation and leaching from these cuttings produces an acid mine discharge which if not
properly managed poses a threat to nearby water quality; and
Whereas the proposed New York State bill number A10091 requires the Department of
Environmental Conservation to disclose the ingredients in hydraulic fracturing fluids and
prohibits the use of chemicals that pose a risk to human health due to their persistence,
their bio-accumulative or toxic characteristics, or their mutagenic qualities; and
Whereas the proposed New York State bill number A10092 requires an Environmental
Impact Statement (EIS) for any natural gas drilling involving the use of hydraulic
fracturing fluid to determine if it will pose a threat to special groundwater protection areas;
and
Whereas the proposed New York State bill number A8784 requires permit holders to
test the quality of ground and surface water sources within a thousand foot radius of the
drilling area and on all water wells in the production unit, unless the Department of
Environ mental Conservation (DEC) determines that an expanded radius is required; and
Requires such testing to occur prior to drilling, following any hydro fracturing,
prior to well completion and annually for producing wells; and
Defines “compounds” or “contaminants of concern” to include the ingredients
contained in hydrofracturing fluids and chemical treatment; and
Establishes liability for the permit holder if the post drilling/hydrofracturing test
results indicate contamination or decreased flow rate; and,
Requires DEC to promulgate methane and "compounds or contaminants of
concern" regulations; and
Whereas the proposed New York State bill number A9414 establishes liability for any
person involved in the extraction of natural gas by use of high volume hydraulic fracturing
techniques. A “person” means “any individual, association, corporation or other entity that
engages in natural gas exploration, drilling, extraction or transportation. The term
“person” shall include any individual, association, corporation or other entity that owns an
interest in land that is subject to a lease or other grant that permits surface rights, sub-
surface rights or both surface and sub-surface rights for the purpose of natural gas
exploration, drilling, operation or extraction unless said lease or grant was executed prior
to the effective date of this title.”
Whereas the proposed New York State bill number A8806 establishes a water
permitting process to allow the Department of Environmental Conservation to better
regulate the use of the State’s water resources.
Therefore, be it resolved, that the Town of Ulysses supports passage of the above state
legislation meant to improve oversight of natural gas hydrofracturing activities to ensure
the health, safety and well being of the citizens of the Town of Ulysses.
Be it also resolved that a copy of this resolution shall be sent to Governor Paterson,
Regional Representative to the Governor Kevin McCab, NYSDEC Commissioner Grannis,
NYS Secretary of the Environment Peter Iwanowicz, State Senators Winner, Seward, and
Nozzolio, State Assembly Speaker Silver, State Assemblywoman Lifton, NYS Senate
President Malcolm Smith, NYS Senate Majority Leader Pedro Espada, Chair of State
Senate Committee on Environmental Conservation Thompson, Chair of State Assembly
Committee on Environmental Conservation Sweeney, State Attorney General Cuomo, U.S.
Representatives Hinchey and Arcuri, U.S. Senators Schumer and Gillibrand, EPA Region
2 Regional Administrator Judith Enck, New York Comptroller, Thomas DiNapoli and New
York State Association of Towns and Municipal Officials and Clerks.
*****
APRIL 27, 2010 STB
*Inclusion of new land in Agricultural District 2
WHEREAS, the Town Board has received the request from Richard Erali, Tax Parcel 14.-
3-14.61 for inclusion of NYS Agricultural District 2 and
WHEREAS, Richard Erali has stated per letter received April 27, 2010 he had no intent to
harvest timber on this property.
THEREFORE BE IT RESOLVED, the Town of Ulysses Town Board endorse the Richard
Erail property for inclusion of NYS Agricultural District 2.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves that the edited
minutes get sent to the Town Board members electronically prior to the meeting at which
they are to be voted on for the Boards review.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes as
edited for STB March 5, 2010, RTB March 9, 2010, and STB March 15. 2010, PH March
15, 2010 and the STB March 23, 2010.
*******************************************************
MAY 11, 2010 RTB
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previously
examined vouchers 192 through 233 in the amount of $16, 888.66.
*Donating gravel to Jacksonville Association Park
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the authorization
for the Town Highway Department to donate a truck load of crusher run stone to the
Jacksonville Association Park.
*****
*Authorize Supervisor to approve “Summer Concert Series”
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize the Supervisor
to sign the letter. “Summer Concert Series”
*****
*Extending Farmland Protection Plan
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the Contract
Extension for the Farmland Protection Plan at a total of $4,050
*****
*Payment to the Cayuga Lake Intermunicipal Organization
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize the payment of
the 2009 dues to rejoin the Cayuga Lake Intermunicipal Organization in the amount of
$900.
*****
*Establish local law for Operating Permits for Special Events
WHEREAS the Town Board of the Town of Ulysses introduced the Local Law on the
proposed Operating Permits for Special Events.
BE IT RESOLVED that the Town Board of the Town of Ulysses hold a public hearing on
May 25th, 2010 at 6:30 pm in the Town Hall on the proposed Operating Permits for
Special Events Local law as follows: *note this is the final draft that follows
A Local Law to require operating permits for special events in the Town of
Ulysses
Be it enacted by the Town Board of the Town of Ulysses as follows:
SECTION 1. Definitions
a. “Special Event”. For purposes of this Local Law, a special event is defined
as follows: Any event or gathering in the Town of Ulysses, held on property
located outside the A-2 zone as designated in the Town of Ulysses Zoning
Ordinance, which will result in traffic generation of more than fifty vehicles
and
i. be more than eight (8) hours in duration and/or
ii. involve overnight camping on property which is not an approved
overnight camping facility pursuant to the Zoning Ordinance of the
Town of Ulysses
b. The following shall not be considered a “special event” for purposes of
this Local Law:
i. A non-commercial social gathering at a single family residence,
including, but not limited to, a party, family reunion or wedding; or
ii. An event held on commercial property with available parking for
such event.
c. “Operator”. The person, entity or organization which organizes and operates
a Special Event and the owner of the property where the event is held are
collectively referred to as the “Operator” for purposes of this Local Law.
SECTION 2. Operating Permit required
a. No Operator shall hold a Special Event in the Town of Ulysses, or permit
such an event to be held on property he or she owns, without first obtaining
an Operating Permit from the Town of Ulysses as prescribed in this Local
Law.
b. The Operating Permit shall be obtained at least five days before the
commencement of the Special Event.
SECTION 3. Requirements
a. No Special Event shall be more than five days in dur ation.
b. No more than four Operating Permits per calendar year shall be issued to the
same Operator or for the same property. Any applications for Operating
Permits in excess of this limit must be made to the Town Board of the
Town of Ulysses.
c. The Operator shall be responsible for safe operation of traffic and parking on
the property where the Special Event is held and will provide an attendant to
oversee and regulate traffic on the property.
d. The Operator shall provide proof of liability insurance for the Special Event
in an amount of no less than $1,000,000, naming the Town of Ulysses as
additional insured. Any request to maintain a lower amount of insurance
coverage will require the written consent of the Code Enforcement Officer.
e. If the Special Event will include overnight camping, the Operator will obtain
all necessary approvals from the Tompkins County Health Department prior to
applying for the Operating Permit from the Town of Ulysses.
SECTION 4. Procedure
a. The Operator of the Special Event shall apply to the Code Enforcement
Officer of the Town of Ulysses for an Operating Permit for the Special
Event on a form provided by the Town, which identifies the property where
the event will take place by address and tax parcel number. The owner of
the property where the event will be held must join in the application.
b. Every application for an Operating Permit shall be accompanied by the
following:
i. an application fee set by resolution of the Town Board.
ii. an insurance binder or other written proof of insurance coverage
as required by this Local Law.
iii. if the Special Event will include overnight camping, copies of
all documents showing approval of the camping facilities by the
Tompkins County Health Department.
SECTION 5. Penalties
a. Failure to comply with the requirements of this local law shall constitute a
violation and shall be punishable by a fine of $1,000.00 for the first violation and $2,000.00
for each subsequent violation.
b. Each day of failure to comply with the requirements of this local law shall
constitute a separate violation.
SECTION 6. Effective date
This local law shall take effect upon filing with the Secretary of State.
*****
*Hiring help for the website
BE IT RESOLVED that the Town Board of the Town of Ulysses hire a professional to get
the redone Town website (beta version) finished and on line.
FURTHER RESOLVE that Ms. Poelvoorde will draft an RFP to get quotes and bring
information to the next meeting.
*****
*Contract with Bergman for zoning analysis
BE IT RESOLVED that the Town Board of the Town of Ulysses hire Bergman Associates
to do the Zoning Analysis for the Town of Ulysses to be done over a 2-month time period
for a fee of $3,500 and
FURTHER RESOLVED consulting services on an hourly basis as requested.
**************************************************************
MAY 25, 2010 STB
*Establish Local Law #1 requiring operating permits for special events
BE IT RESOLVED that the Town Board of the Town of Ulysses adopt Local Law #1 for
2010 A Local Law to require Operating Permits for Special Events in the Town of Ulysses.
Be it enacted by the Town Board of the Town of Ulysses as follows:
SECTION 1. Definitions
a. “Special Event”. For purposes of this Local Law, a special event is defined as
follows: Any event or gathering in the Town of Ulysses, held on property located outside the
A-2 zone as designated in the Town of Ulysses Zoning Ordinance, which will result in traffic
generation of more than fifty vehicles and
i. be more than eight (8) hours in duration;
and/or
ii. involve overnight camping on property which is not an approved
overnight camping facility pursuant to the Zoning Ordinance of the
Town of Ulysses.
b. The following shall not be considered a “special event” for purposes of this Local Law:
i. A non-commercial social gathering at a single family residence, including, but
not limited to, a party, family reunion or wedding; or
ii. An event held on commercial property with available parking for such
event.
c. “Operator”. The person, entity or organization which organizes and operates a
Special Event and the owner of the property where the event is held are collectively
referred to as the “Operator” for purposes of this Local Law.
SECTION 2. Operating Permit required
a. No Operator shall hold a Special Event in the Town of Ulysses, or permit
such an event to be held on property he or she owns, without first obtaining
an Operating Permit from the Town of Ulysses as prescribed in this Local
Law.
b. The Operating Permit shall be obtained at least five days before the
commencement of the Special Event.
SECTION 3. Requirements
a. No Special Event shall be more than five days in duration.
b. No more than four Operating Permits per calendar year shall be issued to the
same Operator or for the same property. Any applications for Operating
Permits in excess of this limit must be made to the Town Board of the
Town of Ulysses.
c. The Operator shall be responsible for safe operation of traffic and parking on
the property where the Special Event is held and will provide an attendant to
oversee and regulate traffic on the property.
d. The Operator shall provide proof of liability insurance for the Special Event
in an amount of no less than $1,000,000, naming the Town of Ulysses as
additional insured. Any request to maintain a lower amount of insurance
coverage will require the written consent of the Code Enforcement Officer.
e. If the Special Event will include overnight camping, the Operator will obtain
all necessary approvals from the Tompkins County Health Department prior to
applying for the Operating Permit from the Town of Ulysses.
SECTION 4. Procedure
a. The Operator of the Special Event shall apply to the Code Enforcement
Officer of the Town of Ulysses for an Operating Permit for the Special
Event on a form provided by the Town, which identifies the property where
the event will take place by address and tax parcel number. The owner of
the property where the event will be held must join in the application.
b. Every application for an Operating Permit shall be accompanied by the
following:
i. an application fee set by resolution of the Town Board.
ii. an insurance binder or other written proof of insurance coverage
as required by this Local Law.
iii. if the Special Event will include overnight camping, copies of
all documents showing approval of the camping facilities by the
Tompkins County Health Department.
SECTION 5. Penalties
a. Failure to comply with the requirements of this local law shall constitute a
violation and shall be punishable by a fine of $1,000.00 for the first violation and $2,000.00
for each subsequent
violation.
b. Each day of failure to comply with the requirements of this local law shall
constitute a separate violation.
SECTION 6. Effective date
This local law shall take effect upon filing with the Secretary of State.
*****
*Contract with Bergman Associates to help with Ag Land Protection Plan
Resolution to Approve Hiring Bergmann Associates for Professional Planning
Services to Complete the Agriculture and Farmland Protection Plan and Implement
the 2009 Comprehensive Plan Following Town of Ulysses Procurement Policy Section
6.
WHEREAS, the Town Board of the Town of Ulysses adopted an updated Comprehensive
Plan in 2009, and
WHEREAS, the Comprehensive Plan was prepared by a Town Board-appointed
Comprehensive Plan Update Committee (CPUC) with professional planning assistance
from Bergmann Associates, and
WHEREAS, Bergmann Associates was hired by the Town Board of the Town of Ulysses
after an open competitive RFP process conducted in 2006, and
WHEREAS, the RFP process established that Bergmann Associates have the necessary
professional skills to assist the CPUC and that its hourly rates were competitive with the
two other top-rated firms identified by the selection committee,
WHEREAS, through the Comprehensive Plan process Bergmann’s contract was amended
to utilize Bergmann’s professional planning services to assist the Town of Ulysses to
prepare an Agricultural and Farmland Protection Plan, partially funded by a grant from the
New York State Department of Agriculture and Markets, and it is necessary to extend the
Bergmann contract to February 2011 to assist with completion of the AFPP, and
WHEREAS, the Town Board of the Town of Ulysses is committed to moving forward to
implement strategies in the newly adopted 2009 Comprehensive Plan and the Town needs
additional professional planning staff to assist with this effort, and
WHEREAS, the first step in strategy implementation is to complete a consistency review
of the current Zoning Law with the newly adopted 2009 Comprehensive Plan, and
WHEREAS, Bergmann’s previous contracts with Ulysses have given the firm familiarity
with the town government, community characteristics, and zoning laws, and
WHEREAS, New York State General Municipal Law Section 104-b (2) (f), provides that a
municipality may include a provision in its procurement policy outlining circumstances
when, and types of procurement for which, the solicitation of alterative proposals or
quotations will not be in the best interest of the municipality;
WHEREAS, section 6 of the Town of Ulysses procurement policy provides that such
circumstances include professional services or services requiring special or technical skill;
WHEREAS, Bergmann has demonstrated that it has the requisite skill to perform
professional planning services required by the Town and that it has the accountability,
reliability, responsibility and skill for such services;
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ulysses
authorize the Supervisor to enter into 1) a contract extension for the Agricultural and
Farmland Protection Plan and 2) a new contract to provide professional planning services
to implement strategies in the 2009 Comprehensive Plan with Bergmann Associates for an
amount not to exceed $8000.
Approval of Bergmann Associates Contracts
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND CONSULTANT
FOR PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of May 21, 2010 between the Town of Ulysses
(hereinafter OWNER) and Bergmann Associates (hereinafter CONSULTANT). OWNER
intends to engage the CONSULTANT in professional services pertaining to the
development of a Zoning Analysis in order to achieve the goals and objectives of the
OWNER in cost-effective and timely manner (hereinafter called the Project). The contract
amount for these services is $3,500.00 and shall be executed as a lump sum agreement.
Additionally, the Contract shall allow the OWNER to engage the CONSULTANT on a
time and materials basis for professional planning services as required and determined by
the OWNER.
OWNER and CONSULTANT, in consideration of their mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1 - BASIC SERVICES OF CONSULTANT
1.1 CONSULTANT shall provide basic professional services for OWNER as specified in
Exhibit "A", "Scope of Services" of this Agreement.
ARTICLE 2 - ADDITIONAL SERVICES OF CONSULTANT
2.1 Services in connection with work directive changes and change orders to reflect
changes requested by OWNER.
2.2 This Agreement may be extended at the request of the OWNER for addit ional
professional planning services with an amended scope of work and fee approved
by the OWNER and CONSULTANT in writing.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the services of
CONSULTANT:
3.1 Designate a person to act as Owner’s representative with respect to the services to be
rendered under this Agreement. Such person shall have complete authority to transmit
instructions, receive information, interpret and define Owner’s policies and decisions with
respect to Consultant’s services for the Project.
3.2 Provide all criteria and full information as to Owner’s requirements for the Project.
3.3 Assist CONSULTANT by placing at Consultant’s disposal all available information
pertinent to the Project including previous reports and any other data relative to the
Project.
3.5 Furnish, or direct CONSULTANT to provide, Additional Services as stipulated in Article
2 of this Agreement or other services as required.
ARTICLE 4 - PERIODS OF SERVICE
4.1 CONSULTANT shall complete the Zoning Analysis within a period of 2 months
from the date of this Agreement. The time and materials contract shall be in effect until
either party provides, in writing, a request for termination of the contract, consistent with
Section 6.1.
4.2 If significant changes in the scope or detail of the Project occur, or if the Project is
delayed for
reasons beyond Consultant’s control, an equitable extension of the period of service shall
be made.
4.3 If Consultant’s services for planning and design are delayed or suspended in whole or
in part by OWNER for more than three months for reasons beyond Consultant’s control,
CONSULTANT shall have the right to terminate the Agreement in accordance with
paragraph 6.1.
ARTICLE 5 - PAYMENT PROVISIONS TO CONSULTANT
5.1 CONSULTANT shall submit statements each month for Basic and Additional
Services rendered and for Reimbursable Expenses incurred. OWNER shall pay
CONSULTANT within 30 days of receipt of Consultant’s statement detailing the
charges for basic and additional services rendered (specifying charges for Farmland
Protection Plan and Zoning Analysis and any other out of scoop hourly charges).
5.2 If OWNER fails to make full payment due CONSULTANT for services and expenses
within thirty days of Consultant’s statement therefore, the amounts due CONSULTANT
may be increased at the rate of 1-1/2 percent per month from said thirtieth day. If OWNER
fails to make full payment due CONSULTANT for services and expenses within forty-
five days of Consultant’s statement therefore, CONSULTANT may, after giving seven
days' written notice to OWNER, suspend services under this Agreement until
CONSULTANT has been paid in full all amounts due for services, expenses, and
interest charges.
5.3 In the event of termination by OWNER under paragraph 6.1 upon the completion of
any phase of the Basic Services, progress payments due CONSULTANT for services
rendered through such phase shall constitute total payment for such services. In the
event of such termination by OWNER during any phase of the Basic Services,
CONSULTANT shall be paid for services rendered during that phase to date of
termination. In the event of any such termination, CONSULTANT also will be
reimbursed for all unpaid Additional Services and unpaid Reimbursable Expenses.
5.4 Reimbursable Expenses mean the actual out -of-pocket direct expenses
incurred by CONSULTANT.
ARTICLE 6 - GENERAL CONSIDERATION
6.1 Termination
The obligation to provide further services under this Agreement may be terminated by
either party upon thirty days' written notice in the event of substantial failure by the other
party to perform in accordance with the terms hereof through no fault of the terminating
party.
6.2 Reuse of Documents
All documents prepared or furnished by CONSULTANT pursuant to this Agreement are
instruments of service in respect of the Project and CONSULTANT shall retain an
ownership and property interest therein whether or not the Project is completed.
6.3 Insurance/Liability
6.3.1 CONSULTANT shall procure and maintain the following insurance coverage for
the duration of this Agreement:
Worker's Compensation Statutory Coverage
Comprehensive General Liability;
Bodily Injury and Property Damage $1 mil per occurrence per aggregate year
Comprehensive Automobile Liability;
Bodily Injury and Property Damage $1 mil per occurrence per aggregate year
Professional Liability Insurance $1 mil per occurrence per aggregate year
6.3.2 Limitation of Liability
6.3.2(a) OWNER hereby agrees that to the fullest extent permitted by law, Consultant’s
total liability to OWNER for any and all claims, losses, expenses or damages whatsoever
arising out of or in any way related to the project or this Agreement from any cause
including, but not limited to Consultant’s negligence, errors, omissions, strict
liability, breach of contract or breach of warranty, shall not exceed the total
compensation received by CONSULTANT under this Agreement.
6.3.3 Severability and Reformation. Any provision or part thereof of this Agreement held to
be void or unenforceable under any law shall be deemed stricken and all remaining
provisions shall continue to be valid and binding upon the parties. The parties agree that
this Agreement shall be reformed to replace such stricken provision or part thereof with a
valid and enforceable provision which comes as close as possible to expressing the
intention of the stricken provision.
6.4 Controlling Law
This Agreement is to be governed by the law of the principal place of business of
CONSULTANT.
6.5 Dispute Resolution
In the event of a dispute between the parties arising out of the terms of this Agreement or
any services provided pursuant to its terms, the parties agree to participate in a mediated
settlement conference before a mutually acceptable mediator whose fees will be shared
equally by the parties. In the event that the parties are unable to agree upon a mediator
they will ask the American Arbitration Association to appoint one. Participation in a
mediated settlement conference shall be required before either party may pursue its claim in
any other form of dispute resolution.
ARTICLE 7 - SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES
7.1 The following Exhibits are attached to and made a part of this
Agreement: 7.1.1 Exhibit A "Scope of Services", consisting of 1
page.
7.1.2 Exhibit B “Project Hourly Rates Table”, consisting of 1 page.
7.2 This Agreement together with the Exhibits and schedules identified above
constitute the entire
Agreement between OWNER and CONSULTANT and supersede all prior
written or oral
understandings. This Agreement and said Exhibits and schedules may only be amended,
or canceled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as
of the day and year first above written.
OWNER: CONSULTANT:
Address for
giving notices: Address for giving notices:
28 East Main Street
200 First Federal Plaza
Rochester, NY 14614
Exhibit A Town of Ulysses
Scope of Services
The zoning analysis report will assist the Town of Ulysses in better understanding the
current issues facing the Town. The zoning analysis report will identify updates
necessary to address current issues, such as natural gas drilling associated with Marcellus
shale, and consistency with the recently adopted Comprehensive Plan. The zoning analysis
will assist the Town in prioritizing zoning tasks and provide an estimate for the level of
effort and associated cost involved in updating the Town Zoning Law. This will allow for
a smooth and cost effective transition from the comprehensive plan process to zoning and
land use regulatory updates.
Our approach to this analysis includes the following tasks:
Meet with representatives who utilize the zoning and land use regulatory codes of
the Town on a regular basis including the zoning and code enforcement officer, and
at least one representative from both the Zoning Board of Appeals and Planning
Board and a member of the Town Board. This meeting will focus on identifying
sections of the zoning and land use regulatory codes of the town that are working
well and areas that need modification.
Prepare a summary report comparing the comprehensive plan to the current
zoning code to identify areas of conflict and consistency.
Develop a summary report of suggested updates to the zoning and land use
regulatory codes of the Town that will address current user concerns, potential
issues facing the community and consistency with recommendations set forth in
the Comprehensive Plan.
Provide an estimated cost and timeline associated with the zoning and land use
regulatory code updates.
The lump sum agreement for the Zoning Analysis includes the following:
One (1) meeting with Town staff / representatives
One (1) electronic copy of the final document, in Word and PDF
Ten (10) color copies of final Zoning Analysis
Exhibit B Town of Ulysses
Project Hourly Rate Tables
The following hourly rates shall be applied to the completion of additional planning
services. Bergmann Associates shall not proceed with any planning service tasks until written
approval to proceed has been provided by the Town of Ulysses in the form of a Board
resolution outlining the specific tasks and the primary contract person.
Hourly Rate Table for the Town of
Ulysses Time and Materials Planning
Efforts
Staff Level Hourly Rate
Principal-in-Charge $150.00
Project Manager $95.00
Senior Professional $85.00
Professional $75.00
Technician $65.00
Additional Reimbursable Expenses will be billed to the Town according to the following
rates:
Mileage – $0.50 per mile
Black and white copies - $0.02 per page
Color copies - $1.00 per page
Tolls – actual cost
Meals – actual cost (lunch not to exceed $10, dinner not to exceed $20 / per person)
RE: Contract Extension – Farmland Protection Plan
The following services will constitute the extent of additional services for the Town of
Ulysses Farmland Protection Plan. The provisions set forth in the master contract
executed by the Town on July 16, 2008 shall cover this additional services contract.
Our services will include:
Attendance at one (1) Steering Committee Me eting in June 2010
Attendance and facilitation of one (1) Public Workshop
Review of Steering Committee revisions to Section 4.0
Prepare written comments on Section 4.0
Develop final recommendations and implementation section based on revised
Section 4.0
Finalize mapping
Prepare consolidated draft Farmland Protection Plan
Make one (1) set of final revisions after Public Workshop and Town Board
review
Provide Town with ten (10) color, hard copies of final Draft and Final plan
The lump sum amount for these services is $3,500 and shall be completed by January
2011. Any tasks not detailed above that are requested of Bergmann Associates will be
billed on a time and materials basis, at a rate of $80/hour, upon approval by the Town of
Ulysses. Billing for these services will be incorporated directly into the Farmland
Protection Plan invoicing. Final payment not to exceed 10% of the total contract value
being withheld until the Farmland Protection Plan is accepted by the Town Board of
Ulysses, Tompkins County Agricultural Farmland and Protection Board and the NYS
Department of Agricultural and Markets. Please sign below to direct Bergmann
Associates to execute these services. Please return one original copy to my attention.
I authorize Bergmann Associates to complete the services outlined above.
*****
*Approve minutes 4/13
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes as
edited by Ms. Tyler and Ms. Marino for the Regular Town Board meeting of April 13,
2010.
*****************************************************************
JUNE 8, 2010 RTB
*Approve minutes 3/27, 3/29, 5/11,
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes as
edited for the Regular Town Board meeting of May11, 2010 and the two (2) Special Board
meetings on March 27 & 29, 2010.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following
2010 Budget modifications:
Budget Modifications
A Fund
Appropriation line 1920.4 Municipal Association Dues increase $925
Appropriation line 7450.4 Historical Society CE increase $ 35
Appropriation line 5132.2 Town Barn Capital decrease $960
B Fund
Appropriation line 9040.8 Workers Comp increase $ 165
Appropriation line 1990.4 Contingency decrease $ 165
SW3
Appropriation line 8340.2 Transmission/Distribution EQ increase $ 395
Appropriation line 9040.8 Workers Comp increase $1086
Appropriation line 8340.4 Transmission/Distribution CE decrease $1481
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previously
examined vouchers in the amount of $13,920.31.
BE IT RESOLVED that the Town Board of the Town of Ulysses would be willing to
tentatively commit a contribution of $10,478 and possibly go up as high as $40,000 based
upon how the money will be paid back over time to the Town. Mr. Kerness seconded this.
*****
*Hiring a Project Assistant
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Eliza Newman as
Project Assistant at $12 per hour up to a 30 hours per week.
***********************************************************
JUNE 23, 2010 STB
*Setting fees for Special Events Operating Permit
BE IT RESOLVED that the Town Board of the Town of Ulysses hereby sets the fee for the
Special Events Operating Permit at $50 payable to the Town Code Enforcement Officer.
*****
*Hiring Sue Henninger to assist with website writing
BE IT RESOLVED that the Town Board of the Town of Ulysses hire Sue Henninger for the
writing portion on the web site not to exceed $2980.
*****
*Approving Marsha Georgia as a co-signer on checks over $5,000
BE IT RESOLVED that the Town Board of the Town of Ulysses approve Marsha L. Georgia to
be a co-signer on checks over $5000.
*****
*Voicing concern over billing for ambulance services
Whereas, the Ulysses Town Board is concerned that the proposed changes to the Village
of Trumansburg's EMS program are being implemented in a manner with little serious
consideration of input from the Town of Ulysses or its residents, and
Whereas, the Ulysses Town Board believes that the proposed insurance-only billing plan has
not been well enough considered in some aspects that can have serious consequences for
equity and ensuring that no one in our community might refuse care or emergency
services for fear of the costs, and
Whereas, the community has had little to no input on options to receive EMS that may be
more economical or provided in a faster manner, and
Whereas, the Ulysses Town Board is not comfortable mo ving forward towards
implementation of this plan without full and complete answers to several important
concerns the Town has raised, and
Whereas, the Ulysses Town Board also believes that calling the current proposal
"insurance only" billing plan is deceptive, and the task force process is not open and
transparent with minutes taken and made available to the public.
Therefore, be it resolved that the Ulysses Town Board is not in support of the proposed
changes to Trumansburg EMS under the current process.
***********************************************************
JULY 13, 2010 RTB
*Approval of 5/25 Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of
the May 25, 2010, Special Town Board meeting with the corrections and changes.
*****
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous
examined vouchers #275 through 307 in the amount of $11,626.61.
*****
*Stormwater compliance
WHEREAS, the Town of Ulysses is required by the New York State Department of
Environmental Conservation to file an Annual Report on the Town’s compliance with
SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s), Permit No. GP-0-10-002, Minimum Control Measures for the area
of the Town covered by the General Permit, and
WHEREAS, the Town of Ulysses is required to provide the public the opportunity to
review and provide comments on the Annual Report, and
WHEREAS, the Town of Ulysses held a public hearing on July 13, 2010, 7:00 p.m. to hear
public comment, and
WHEREAS, no comments were received on the report posted to the Town’s Web site on
July 5, 2010, and submitted to the MS4 Permit Coordinator of the New York State
Department of Environmental Conservation, Albany, New York.
Missing the RESOLVED part
*****
*Establishing Standard Work Day and Reporting requirements
Standard Work Day and Reporting Resolution
BE IT RESOLVED, that the Town of Ulysses hereby establishes the following as standard
work days for elected and appointed officials and will report the following days worked to
the New York State and Local Employees’ Retirement System based on the record of
activities maintained and submitted by these officials to the clerk of this body:
Title Name
Standard
Work Day
(Hrs/Day) Term Begins/Ends
Participates
in
Employer’s
Time
Keeping
System
Days/Month
(based on
Record of
Activities)
Elected Officials
Town Clerk Marsha Georgia 7 01/01/2010 –
12/31/2013 No 23.18
Superintendent of
Highways James Meeker 8 01/01/2010 –
12/31/2013 No 24.86
Town Justice Thomas Schlee 6 01/01/2009–
12/31/2012 No 18.67
Appointed Officials
Deputy Supervisor Sue Poelvoorde 6 01/01/2010 –
12/31/2010 No 9.17
Deputy Town Clerk Patricia
Halloran 7 01/01/2010 –
12/31/2010 Yes 20.65
Court Clerk Michelle
Townley 7 01/01/2010 –
12/31/2010 Yes 21.93
Bookkeeper Mary Bouchard 6 01/01/2010 –
12/31/2010 No 10.3
Code Enforcement
Officer Alex Rachun 7
01/01/2010 –
12/31/2010 Yes 23.02
*****
*Hiring a Project Assistant to assist Planning Board with Mapping
BE IT RESOLVED that the Town Board of the Town of Ulysses hire Maya Weltman Fahs
as a Project Assistant to assist in a mapping project for the Planning Board, Town Board,
and Zoning Officer for the summer at $18 per hour and not to exceed $1800.
**********************************************************
JULY 29, 2010 STB
*Approval of 6/28 minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of
the Regular Town Board meeting of June 8, 2010, as edited and corrected.
*****
*Authorizing contribution to Health Insurance Consortium reserves
AUTHORIZATION TO CONTRIBUTE TO THE RESERVES OF
THE GREATER TOMPKINS COUNTY MUNICIPAL HEALTH
INSURANCE CONSORTIUM
WHEREAS, the Town of Ulysses shall join the Greater Tompkins County
Municipal Health Insurance Consortium for the purpose of providing employee
health insurance and prescription drug coverage, and
WHEREAS, the Consortium, as required by the New York State Insurance
Department, must establish sufficient financial reserves to begin working as a
consortium, now, therefore be it
RESOLVED, that the Town of Ulysses shall contribute $5,659 to the Initial
Capitalization of the Consortium reserves. It is anticipated that by the year 2014
these monies will be paid back in full to the Town by the Consortium, with 3%
interest.
RESOLVED FURTHER, that the fiscal officer of the Town of Ulysses is authorized to make
payment immediately to the Consortium.
WHEREAS, the Tompkins County Council of Governments (TCCOG) is
comprised of all of the municipalities in Tompkins County, and
WHEREAS, the Town of Ulysses is a member of TCCOG, and
WHEREAS, health care costs for Tompkins County and other local governments
have been increasing each year at rates much higher than inflation, which can be
addressed by pooling our buying power,
WHEREAS, in 2007, the County, on behalf of TCCOG, accepted an incentive
grant award under the New York State Shared Municipal Services Program to
assist the municipalities in Tompkins County to create a local municipal health care
consortium, and
WHEREAS, the Greater Tompkins County Municipal Health Insurance
Consortium developed health benefits coverage for all participating municipalities
with the intent of providing a net savings to the taxpayers of Tompkins County, a
goal the Town of Ulysses supports, and
WHEREAS, TCCOG encourages the signature of an inter-municipal agreement by
TCCOG members,
BE IT RESOLVED that the Supervisor of the Town of Ulysses is hereby
authorized to execute a municipal cooperative agreement effective October 1, 2010
with the Greater Tompkins County Municipal Health Insurance Consortium for the
New York State Shared Municipal Services Program.
BE IT FURTHER RESOLVED that this resolution supersedes all previous
resolutions by the Ulysses Town Board to authorize municipal cooperative
agreements with the Greater Tompkins County Municipal Health Insurance
Consortium.
*****
*Approval of payment to the Community Science Institute
WHEREAS, the 2010 budget included a line item of $5,000 for stream monitoring,
based upon a proposal from the Community Science Institute (CSI) to continue the
water quality data base they have been collecting using citizen volunteers in
Taughannock and Trumansburg Creeks, and
WHEREAS, since November 2009 when this money was appropriated there has
been much discussion among town residents (some of whom have expertise in
water quality issues) and by the Town Board about current and future potential
threats to water quality in Ulysses, including expansion of concentrated animal
feeding operations (CAFO’s), stormwater runoff and changes to DEC regulations,
and the commencement of industrial-scale drilling in the Marcellus shale using
high volume, horizontal hydrofracking,
THEREFORE BE IT RESOLVED that the Ulysses Town Board approves payment
of the 2010 CSI budget request of $4,996 for stream monitoring.
BE IT FURTHER RESOLVED that the Town will engage an ad-hoc committee of
Ulysses residents with expertise in land use, water quality, and monitoring to
review the CSI project, facilitate discussion on these issues, and advise the Town
Board on this and other future water quality testing needs and priorities for funding.
*****
*Water sale agreement for outside users
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the Water Sale
Agreement to outside users as presented in the following contract:
THIS AGREEMENT is made as of the ____ day of , ____ by and between the TOWN
OF ULYSSES, a municipal corporation with offices at 10 Elm Street, Trumansburg, NY
14886 (hereafter referr ed to as “the Town”) and ____ [name], of
[address], hereafter referred to as “the Customer”.
WHEREAS, the Town has water available for sale in Water District 3 of the Town; and
WHEREAS, the Town by resolution dated _____determined that, in order to protect the health,
safety and welfare of Town residents, no water sold by the Town of Ulysses shall be used for
any purposes related to gas drilling, hydrofracturing or any related purposes;
WHEREAS, the Customer wishes to purchase water from the Town;
NOW, THEREFORE, in consideration of the promises and the mutual covenants herein set forth
and agreed upon, the parties agree as follows:
1. The Town hereby agrees to sell and furnish to the Customer water from Water District 3.
2. The water will be furnished to the Customer as follows: [circle one]
a. The Customer will access the water at a designated metered hydrant, which
is locked and is accessible only by the Customer; or
b. Upon prior arrangement with the Administrator of the Water
District.
3 The Customer agrees that none of the water purchased pursuant to this Agreement
will be used for any purposes related to gas drilling, hydrofracturing or any related
purposes. Any violation of this provision will result in the immediate termination of
this Agreement by the Town.
4 The Customer agrees and acknowledged that, if the Customer purchases water from
the Town and delivers the water by truck to third parties, the quality of the water so
delivered (including, but not limited to, portability) is not in any way guaranteed by the
Town of Ulysses. The Customer shall be solely responsible for the quality of any
water delivered by truck to third parties and shall indemnify the Town and hold the
Town harmless from any liability or claims related to the quality of such water.
5. The rate for the water purchase pursuant to this Agreement will be established by
resolution of the Town Board from time to time.
6. The Customer will receive no more than 40,000 gallons of water per day, unless a
larger volume is approved by resolution of the Town Board.
7. The Customer will receive a bill from the Town on a monthly basis, unless a monthly
bill amounts to less than $20.00, in which case billing will be done on a quarterly
basis. All bills are due and payable within 30 days after receipt thereof. There will be
a late fee of 20% of the amount due for all payments not received by the due date.
Upon the customer’s failure to pay a bill by the due date, the Town, at its option, may
terminate this Agreement.
8. In addition to termination of this Agreement by the Town pursuant to paragraphs 3
and 6 above, the Town may terminate this Agreement at any time upon 10 days’
notice to the Customer.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
signed as of the date set forth below.
BE IT RESOLVED that the Town Board of the Town of Ulysses set the rate for the
outside water users at 1.7 times the rate charged to water users within Water District 3 & 4.
Ms. Marino moved to go into executive session to discuss matters related to the
appointment, promotion, demotion, discipline, or removal of particular personnel. Mr.
Romer seconded the motion and the vote was taken.
*************************************************************
AUGUST 18, 2010 RTB
*Approval of minutes for 6/23, 7/13, 7/29
Ms. Thomas moved, seconded by Mr. Kerness to table the minutes of Regular Town Board
07/13/2010, Special Town Board 6/23/2010 and Special Town Board 7/29/2010 for
approval.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the
previous examined vouchers 308 through 354 (except for voucher #322 for
$799.99) in the amount of $42,843.97.
Appropriation line 1650.4 Central Communications CE increase $2,500
Appropriation line 1990.4 Contingency decrease $ 2,500
Appropriation line 9050.8. Unemployment Insurance increase $1,620
Revenue line A511 Appropriated Reserve increase $1,620
Reserve for Unemployment Insurance (A fund) decrease $1,620
Appropriation line 5182.4 Street Lighting increase $ 660
Appropriation line 1620.4 Buildings CE decrease $ 660
SW3
Appropriation line 8340.2 Transmission/Distribution EQ increase $1,300
Appropriation line 8340.4 Transmission/Distribution CE decrease $1,300
Appropriation line 1650.4 Central Communications CE increase $2,500
Appropriation line 1990.4 Contingency decrease $ 2,500
Appropriation line 9050.8. Unemployment Insurance increase $1,620
Revenue line A511 Appropriated Reserve increase $1,620
Reserve for Unemployment Insurance (A fund) decrease $1,620
Appropriation line 5182.4 Street Lighting increase $ 660
Appropriation line 1620.4 Buildings CE decrease $ 660
*****
*Issuance of permits for public displays of fireworks
RESOLUTION REGARDING ISSUANCE OF PERMITS FOR PUBLIC DISPLAYS
OF FIREWORKS IN THE TOWN OF ULYSSES
WHEREAS, the Town is authorized by Penal Law §405.00 to issue permits for the display
of fireworks; and
WHEREAS pursuant to Penal Law §405.00(1), the Town Board shall designate an officer
as the permit authority to grant and issue permits for fireworks displays; and
NOW, THEREFORE, pursuant to the provisions of §405.00 of the Penal Law, it is
RESOLVED, that the Code Enforcement Officer of the Town of Ulysses is hereby
appointed as the permit authority to grant and issue permits for fireworks displays pursuant
to the requirements set forth in Penal Law §405.00 and all other applicable laws and
regulations and administer and enforce all aspects thereof; and it is further
RESOLVED that the Code Enforcement Officer shall have all the powers and duties
granted by applicable law, including, but not limited to, the following:
1. receive, review and approve or disapprove applications required for fireworks
display permits pursuant to §405.00 of the Penal Law, and the plans, specifications
and construction documents submitted with such applications;
2. determine such terms and conditions as the Code Enforcement officer may deem to
be appropriate, to be incorporated in the permit;
3. conduct site inspections prior to the time of the fireworks display and any
inspections incidental to the investigation of complaints, and all other inspections
required or permitted under any provision of applicable law, or cause such
inspections to be conducted by a qualified consultant;
4. review and investigate complaints;
5. maintain records;
6. notify the Trumansburg Fire Department of the issuance of the fireworks display
permit;
7. notify the Village of Trumansburg police department, the New York State Police
and the Tompkins County Sheriff’s Department of the issuance of the fireworks
display permit;
8. pursue enforcement actions and proceedings in consultation with the Attorney for
the Town:
and it is further
RESOLVED that the Code Enforcement Office shall develop and maintain a permit application
form and permit that complies with the requirements of Penal Law §405.00 and all other
applicable law; and it is further
RESOLVED that the application fee for a permit for fireworks displays shall be set by the
Town Board from time to time and shall be $150.00 until modified by further resolution of
the Town Board; and it is further
RESOLVED that the amount of the bond required prior to issuance of a permit pursuant to
Penal Law §405.00 shall be no less than $1,000,000.00, the minimum amount set forth in
the Penal Law.
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize
payment to the Jacksonville Community Association in the amount of $400 for
their bridge repair work.
BE IT RESOLVED that the Town Board of the Town of Ulysses moves ahead with
the Lakeshore and Conservation agreement with Bergmann, starting first with the
Conservation Zone on an hourly basis;
FURTHER RESOLVE that the Town of Ulysses is asking for a package quote.
******************************************************************
AUGUST 31, 2010 STB
*Intermunicipal Cell Tower initiative
RESOLUTION SUPPORTING INTERMUNICIPAL CELL TOWER INITIATIVE
WHEREAS, various municipalities in Tompkins County have received applications for
permission to construct cellular communication towers within their borders (and, in some
cases, on municipal property), and some of these applications have elicited substantial
public concern or opposition, and
WHEREAS, at the same time, some municipalities have areas where cell coverage is
desired but it is substandard or absent, and
WHEREAS, to date, each municipality has acted on its own, each with their own local
ordinances regarding cell towers, and sometimes seeking expert consultation to evaluate an
applicant's need or other assertions, and
WHEREAS, recognizing their shared interests and concerns, several municipalities have
decided, through the Tompkins County Council of Governments (TCCOG), to explore the
possible benefits of a more coordinated approach to the issues surrounding cellular
communications. The participating municipalities want to learn what the current status is
of local jurisdiction in this area, and to determine whether some type of coordinated,
Intermunicipal approach could enhance their ability to focus cell tower siting at the m ost
appropriate and least disruptive locations. In addition, some participating municipalities
may want outside advice on whether their individual ordinances should be revised and
updated, and
WHEREAS, the participating municipalities (nine interested TCCOG members) issued an
RFP for legal services to advise them on these issues in December 2009, and received four
qualified responses, and
WHEREAS, on consideration of these proposals and phone interviews with two of the
applicants, the firm of Silverberg Zal antis, Tarrytown, NY, was selected as the
preferred vendor for this contract for a total of $10,250, as follows:
Presentation - $750 (flat fee)
Collaboration feasibility - $1,500 (flat fee)
Ordinance template - $3,000 (estimate)
Contingency - $5,000
Total to be divided among municipalities - $10,250
and
WHEREAS, in addition, individual municipalities can decide whether to seek an
optional review of their specific ordinance for an estimated $300-$500 per municipality, to
be arranged directly with Silverberg Zalantis, now therefore be it
RESOLVED, the Town of Ulysses recognizes that issues of cellular communications
affect all our residents and visitors, and that the coordinated action of multiple
municipalities is more efficient and effective than separate and disconnected efforts, and
be it further
RESOLVED, that the Town of Ulysses desires to participate in this intermunicipal project
to support enhanced cell service with the fewest possible new cell towers at the most
appropriate locations, and be it further
RESOLVED, that the Town of Ulysses will contribute up to $1,500 as a share of this
contract, that share depending in the end upon the number of municipalities that agree to
share the cost, and be it further
RESOLVED, that Tompkins County will serve as fiscal agent to collect municipal
contributions and handle the contract administration, subject to the approval of the participating
municipalities
*****
*Joint RFP with the Town of Caroline for roadway assessment study
BE IT RESOLVED that the Town Board of the Town of Ulysses pursue doing a joint RFP
with the Town of Caroline for roadway assessment study covering gas drilling impact.
***************************************************************
SEPTEMBER 14, 2010 RTB
BE IT Resolved that the Town Board of the Town of Ulysses approve the previous
examined vouchers #355 through 397 in the amount of $60,592.90.
*Recommendation to send the Fransizka Racker Center expansion to Planning Board
BE IT RESOLVED that the Town Board of the Town of Ulysses pass this project
for the Fransizka Racker Center expansion to the Planning Board for their review
and recommendations using the guidelines of Site Plan Review.
*****
*Recommended changes to SEQR and Stormwater Law
BE IT RESOLVED that the Town Board of the Town of Ulysses request the
Planning Board look at the documents that Mr. Rachun has on changes to SEQR
and the Stormwater Law and make recommendations to the Town Board.
*****
*Accepting quote to fix ceilings at Town Hall
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the quote
from Schickel Construction in the amount of $3,989 to reinforce the ceilings in the
court room, court office, copier room and kitchen and the replacement of all the
light fixtures.
Ms. Thomas moved to suspend the rule of acting on a resolution that had not been
presented in a timely manner to the Town Board, seconded by Mr. Kerness.
*Support for Creating a County Animal Population Control Program
SUPPORT FOR CREATION OF A COUNTY ANIMAL POPULATION CONTROL
PROGRAM
WHEREAS, the New York State 2011 Budget contains new legislation concerning
dog licensing and Animal Population Control Funds, and
WHEREAS, the new legislation gives a county the authority to create its own
Animal Population Control Program, thereby receiving the Animal Population
Control Funds collected within such county, and
WHEREAS, the Tompkins County SPCA and the Tompkins County Town Clerks
Association have expressed a desire to create a plan for Tompkins County Animal
Population Control, and
WHEREAS, the Tompkins County Administrator has indicated that the County
would be in favor of such a plan, and
WHEREAS, the Town of Ulysses is in favor of such a plan, therefore.
BE IT RESOLVED, that the Town Board of the Town of Ulysses is in favor of
the creation of a Tompkins County Animal Population Control Program.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve giving
the Winter Fest $2000.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
purchase of a laptop in the amount of $1,959 for the Planning Board and Zoning
Board of Appeals.
***********************************************************
SEPTEMBER 21, 2010 STB
*Letter to County about Youth Programming Cuts
BE IT RESOLVED that the Town Board of the Town of Ulysses approve to send
the letter presented by Ms. Tyler to the Tompkins County Legislators; Joe
Mareane, Tompkins Co. Administrator’ Nancy Zahler, TC Youth Director; Karen
Coleman, TC Program Mng. Specialist; Nancy Irish and Carissa Parlato RYS
Program Directors; and Durand VanDoren, Trumansburg Ulysses Youth Comm.
Chair. Letter follows:
Dear County Legislators:
As members of the Ulysses Town Board we fully understand the financial constraints of
these challenging times. However, we believe that it is short-sighted to eliminate all
municipal matching funds for Youth Services from the 2011 budget. These matching
funds ensure that the money is used for youth services on the local level where it is most
needed. These cuts on top of cuts to the Learning Web will result in the elimination of
programs that help at- risk youth in our community and others. It is hard to measure in
dollar value the full scope of positive effects these programs have had on youth through
activities, internships, and mentoring.
Several of us have witnessed how Carissa Parlato and Nancy Irish of Ulysses have worked
with youth in our town at the local farmer’s market, at Main Street clean up days, and in
job placement. Through positive mentoring, many at-risk students have learned things
about volunteering and employment including time management, appropriate dress, and
helpful attitude that are so important to their future success in the work world. It is
difficult for most of us to imagine how alienated some of the youth in our community may
feel. Carissa describes how she casually met with needy students for lunch at the high
school a few times, but now it has evolved into a weekly lunch group. A few students have
told Carissa that they wish they could meet with her more often at lunch because it is so
much better than sitting alone at the lunch table!
Without these programs many youth will be that much more susceptible to the negative
activities that often go hand in hand with boredom and isolation; including drug use, teen
pregnancy, and vandalism. Putting our most vulnerable youth at even greater risk because
they have no opportunity for adult mentoring can result in significant long term costs to
society for services like drug treatment, psychiatric counseling, or incarceration.
We respectfully request that you continue to partner with us in investing in youth services for
the long term by restoring the matching funds to local municipalities for Youth Services in the
2011 County Budget. We do not see this as simply shifting the tax burden from the county to
the towns since the loss in efficiency would in all probability raise taxes of residents within the
county overall. The commonalities in youth problems and needs for services across all our
municipalities would seem to make coordination of these services at the County level most
effective from both a cost and a programmatic perspective.
We do appreciate your difficult work on the 2011 budget.
Sincerely,
*****
BE IT RESOLVED that the Town Board of the Town of Ulysses approves to modify the
2010 budget in B8020.1 Planning PS needs to be increased by $2000 and decrease
B8020.4 Planning CE by $2000.
*****
*Request for Attorney to draft Dog Enumerator contract
BE IT RESOLVED that the Town Board of the Town of Ulysses ask Ms. Geldenhuys to
draw up a contract to hire a Dog Enumerator.
*****
Ms. Marino moved to go into executive session to discuss matters related to the
appointment, promotion, demotion, discipline, or removal of particular personnel. Mr.
Kerness seconded the motion and the vote was taken.
*****************************************************************
OCTOBER 5, 2010 STM
*Appointing Lucia Tyler to the Board of Directors for the Tompkins County Health
Care Consortium
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Lucia
Tyler to serve on the Board of Directors for the Tompkins County Health Care
Consortium.
****************************************************************
OCTOBER 12, 2010 RTB
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
previous examined vouchers #398 through 435 in the amount of $21,081.86.
*Approve minutes of 6/23, 7/13, 7/29, 8/18, 8/31, 9/14
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
Regular Town Board minutes of July 13, 2010, August 18, 2010 and September 14,
2010 and the Special Town Board minutes of June 23, 2010, July 29, 2010 and
August 31, 2010.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
following budget modifications:
Increase A1920.4 Municipal Dues by $1100.
Decrease A1910.4 Unallocated Insurance $1100.
Increase A9905.8 Disability Insurance 103.
Decrease A1640.4 Central Garage 103.
Increase SW8340.2 Trans. /Distribution EQ 100.
Decrease SW8340.4 Trans. /Distribution CE 100.
*****
*Amending Dog Enumerator contract
BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the contract
as amended and move forward to hire a Dog Enumerator as an independent
contractor. Contract follows:
AGREEMENT WITH INDEPENDENT CONTRACTOR FOR SERVICES
DOG ENUMERATION
THIS AGREEMENT is made this ____ day of ____________, 2010 between the
TOWN OF ULYSSES with offices at ___ Elm Street, Trumansburg, New York 14867
(hereinafter referred to as the "Town") and _______________________________whose
mailing address is (hereinafter referred to as the
"Contractor").
The Town and Contractor agree as follows:
1. Services to be Performed. Contractor agrees to perform the following services for
the Town and/or to provide the following products to the Town: Contractor will
conduct a door-to-door dog enumeration by visiting each household in the Town
(including the Village of Trumansburg) that does not have a licensed dog or dogs
on record to observe if a dog is harbored there or if there are signs or evidence of a
dog being harbored there. Contractor will be provided a listing of the households
on each road in the Town and shall return the lists to the Town Clerk with written
remarks regarding each household visited. Contractor shall leave a Town-provided
flyer at each household where no one answers the door and shall not revisit such
households, unless specifically authorized by the Town Supervisor. The list of
households will be divided into zones and the Contractor will complete one zone at
a time. The Contractor will represent the Town in a professional manner, relaying
information about the Town via flyers and other material that is provided by the
Town. Contractor will be provided a safety T-shirt with the “Town of Ulysses” on
the left front breast pocket to identify him as a Town contractor. Contractor will
begin the enumeration within ______days of the full execution of this Agreement,
and Contractor shall complete the enumeration by _______________.
2. Fees. The Contractor shall be paid $2.00 per household visited to cover the costs
for travel and time associated with services to the Town. Billing will be based on
the number of households visited, which is based on the household listing provided
to the Contractor and then returned to the Town by the Contractor. The Town has
no obligation to utilize the services of or pay the Contractor for any minimum
number of hours. Mileage will not be a reimbursable expense. Contractor will not
bill for any other disbursements, such as long distance telephone charges or meals.
3. Additional Fees. An additional $1.00 will be paid for each new dog license issued
by the Town from the first date Contractor visits households until 90 days after
Contractor’s last household visit. The Town will generate a list of new licenses on
the 1st of each month during the applicable time period.
4. Term of Agreement.
a) The term of this Agreement shall be from the date it is fully executed
until___________________, unless terminated earlier by either party.
b) Notwithstanding the term set forth above, this Agreement may be
terminated by either party at any time without cause upon seven (7) days
prior written notice to the other party, in which case the Contractor shall be
paid pro rata for the satisfactory work performed to the date of termination.
c) This Agreement may be terminated immediately by either party upon the
breach of any of its terms by the other party. Termination shall be effected
by the breaching party’s receipt of a written notice of termination setting
forth the manner in which the party is in default
d) In the event of the Town’s termination for Contractor’s default, the
Contractor will be paid only for services performed in accordance with this
Agreement. If it is later determined by the Town that the Contractor had an
excusable reason for not performing, such as a strike, fire, flood, or other
events which are not the fault of or are beyond the control of Contractor, the
Town may allow the Contractor to continue work, or treat the termination as
a termination without cause.
5. Payment for Services.
a) Payment for services shall be submitted on the standard Town voucher which
will list the number of households visited, as set forth in paragraph 2 above.
b) The vouchers shall be submitted monthly covering services for the preceding
month. The Town Board will review same and, if acceptable, pay for the
services after submission of the vouchers to the Town Board and approval of
same by the Board in compliance with the Town Board’s statutory duties to
audit claims for payment. The Town Clerk will submit a monthly voucher to
the Town Board so it can audit the claim for the additional fees earned for new
licenses issued.
6. Relationship. The Contractor is, for all purposes (including, without limitation,
withholding of income tax, payment of workman's compensation, and payment of
FICA taxes) an independent contractor and no employer-employee relationship is
intended, implied or created by this Agreement. Contractor shall determine the
times and manner of performance of any services for the Town hereunder
consistent with the overall obligations to complete the work contemplated by this
Agreement. Contractor shall be free to devote such portions of his time not
required for the performance of services to the Town in such manner as Contractor
sees fit and for such other persons, firms, or entities as Contractor deems advisable,
provided that such other services do not constitute a conflict of interest with the
interests of the Town.
7. Ownership of Products of Service. All work products of any services to be
performed hereunder shall be the property of the Town, and the Town is vested
with all rights therein, including the right to use, duplicate, distribute, share or sell
such materials, without any further compensation of any nature to Contractor.
8. Insurance Requirement. Throughout the term of this Agreement, Contractor will
be required to provide proof of general commercial liability insurance coverage in
an amount of no less than $1, 000, 000, listing the Town of Ulysses as an additional
insurance. Contractor will not be covered under the Town’s general commercial
liability insurance coverage.
9. Workers Compensation and Disability Insurance. Upon execution of this
Agreement, the Contractor shall present to the Town proof either that the
Contractor provides the levels of workers’ compensation and disability coverage
required by the State of New York or that the Contractor is not required to provide
such coverage.
10. Indemnity. The Contractor agrees to defend, indemnify and hold harmless the
Town, its elected officials, public officers, employees, and agents from and against
all losses or claims, and costs incidental thereto (including costs of defense,
settlement and reasonable attorney’s fees) which any or all of them may incur,
resulting from bodily injuries (or death) to any person, damage (including loss of
use) to any property, other damages, or contamination of or adverse effects on the
environment, caused by the acts or omissions of Contractor or Contractor’s
employees, agents or subcontractors, with respect to this Agreement. To the extent
the Town is negligent; Contractor’s indemnification shall not extend to the
proportion of loss attributable to the Town’s negligence.
11. Contractor May Not Assign. This Agreement may not be assigned by the
Contractor without the previous written consent to such assignment from the Town,
which consent may be withheld entirely at the discretion of the Town, it being
understood that the Town is making this Agreement personally with the Contractor
and is not intending that it be performed by any other person or entity.
12. Binding Nature of Agreement. This Agreement is binding upon the parties, their
respective representatives and successors and, when assignment is permitted,
assigns.
13. Governing Law, Jurisdiction, and Enforcement. This Agreement is made in New
York, and shall be construed under the laws of the State of New York without
regard to, or the application of, New York State’s choice of law provisions. Both
parties consent that if any action is brought to enforce this Agreement, it shall be
brought in an appropriate Court in Tompkins County, New York, and both parties
consent to the jurisdiction of such court.
14. Notices. Any notices or other communications given under or in relation to this
Agreement shall be deemed duly given if served personally or by commercial
courier service upon the other party at the address set forth above, or, if the mails
are operating, mailed by certified mail to the other party at the address set forth
above, return receipt requested. All notices shall be effective upon the date of
receipt. Either party may change the address to which notices are sent by giving
notice of such change in the manner set forth above to the other party.
15. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and supersedes any and all prior written or oral agreements, negotiations or
understandings, existing between the parties. This Agreement may be amended
only by written instrument signed by each party.
16. Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating responsibility or liability between
Contractor and the Town shall survive the completion of services hereunder and the
termination of this Agreement.
17. Claims and Disputes Arbitration. The Town may elect to subject disputes arising
out of this Agreement to resolution by mediation or arbitration or litigation. This
election can be made at any time up until sixty (60) days after the claim or dispute
arises in writing. If the Town does not make an election, the dispute shall be
subject only to litigation. Unless otherwise agreed by the parties at the time of such
election, the rules governing mediation or arbitration invoked by the Town shall be
the Commercial Arbitration Rules and Mediation Procedures of the American
Arbitration Association. Contractor hereby waives the right to elect the method of
dispute resolution and agrees that this waiver is supported by sufficient and
appropriate consideration.
18. Severability. If any provision of this Agreement is deemed to be invalid or
inoperative for any reason, that part may be modified by the parties to the extent
necessary to make it valid and operative, or if it cannot be so modified, then it shall
be deemed severed, and the remainder of this Agreement shall continue in full force
and effect as if this Agreement had been signed with the invalid portion so
modified or eliminated.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year written below.
TOWN OF ULYSSES
By: Date: ____________
Roxanne Marino, Town Supervisor
CONTRACTOR
BE IT RESOLVED that the Town Board of the Town of Ulysses moves to approve
the materials developed by Marsha Georgia and Liz Thomas for the dog
enumeration process including the notification postcard to send to residents without
a licensed dog, door drop flyer with licensing info, and enumerator form.
FURTHER RESOLVE to allow Ms. Marino, Ms. Thomas and Ms. Georgia to
discuss and agree to contract with one of the potential enumerators who has
expressed interest in the town’s dog enumeration work.
******
*Approval of Justice grant application to JCAP
BE IT RESOLVED that the Town Board of the Town of Ulysses approves Justice
Schlee’s request to submit a grant application to JCAP for the 2010/2011 grant.
*****
*Support for Association of Towns resolutions
BE IT RESOLVED that the Town Board of the Town of Ulysses supports the
following resolutions submitted by Don Barber, Supervisor Town of Caroline and
requests that resolutions #10 titled Preserve Town Land Use Authority in the Natural
Gas Exploration and Extraction Approval Process & #12 Road Preservation Bonds
and Road Use Agreements be added to the list of resolutions voted on at the
Association of Towns annual business meeting in February 2011.
BE IT FURTHER RESOLVED that this resolution be certified and sent to Mr.
Barber and the Association of Towns.
*****
Ms. Marino moved to go into executive session to discuss matters related to the
appointment, promotion, demotion, discipline, or removal of particular personnel. Mr.
Tyler seconded the motion.
*************************************************************
OCTOBER 13, 2010 STB
BE IT RESOLVED that the Town Board of the Town of Ulysses reduce line item
DA9950.9 to $60,000 in the 2011 budget.
**************************************************************
OCTOBER 22, 2010 STB
Ms. Marino moved to go into executive session to discuss matters related to the
appointment, promotion, demotion, discipline, or removal of particular personnel. Ms.
Tyler seconded the motion.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve to add
$2500 back to the Stream Research.
Further Resolve that the Town receives reports of compliance to State/Federal
regulations and will be provide recommendations for mitigation of out of
compliance conditions and
Further Resolve provide out reach education in Ulysses.
*Moving Tentative Budget to Preliminary Budget
BE IT RESOLVED that the Town Board of the Town of Ulysses moves the
Tentative Budget to Preliminary Budget with the modifications done tonight.
*************************************************************
OCTOBER 26, 2010 STB
BE IT RESOLVED that the Town Board of the Town of Ulysses go into executive
session to discuss a possible matter of litigation.
*************************************************************
NOVEMBER 9, 2010 RTB
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the
following 2010 budget modifications:
A Fund
Increase A1670.4 $1,500
Decrease A1910.4 1,500
Increase A1620.4 4,554
Further resolve that the Town Board approves the transferring of $4,554 out of
Building Repair Reserve A882 for the emergency repairs to the Town Hall
ceilings.
SW3 Fund
Increase SW3-8340.2 250
Decrease SW3-8340.4 250
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
previous examined vouchers #436 through 476 (#466 deleted) in the amount of
$107,756.06.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves to pay
in the amount of $900 for 2010 dues to the Cayuga Lake Watershed Intermunicipal
Organization.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve to create
line A9901.98 NYS Retirement Reserve.
Further resolve to include that in the 2011 budget in the amount of $15,000.
*****
*Adoption of 2011 Budget
BE IT RESOLVED that the Town Board of the Town of Ulysses adopts the 2011 budget
as modified with the above establishment of the NYS Retirement Reserve Account
A9901.98.
*Approval of minutes from 9/21, 10/12, 10/13
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of
the Regular Town Board meeting of October 12, 2010, and the Special Town Board
meetings of September 21, 2010 and October 13, 2010, as modified and corrected.
***************************************************************
NOVEMBER 17, 2010 STB
*Amendments to Procurement Policy
BE IT RESOLVED that the Town Board of the Town of Ulysses remove the examples of
purchases listed after State (tires, salt, gas, etc.) and County (guard rails, asphalt, stone,
etc.) contracts from the Procurement Policy.
BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the Procurement
Policy as modified. Policy follows:
TOWN OF ULYSSES
PROCUREMENT POLICY
WHEREAS, Section 104-b of the General Municipal Law requires the governing body of
every municipality to adopt a procurement policy for all goods and services which are not
required by law to be publicly bid and
WHEREAS, comments have been solicited from all officers in the Town of Ulysses
involved in the procurement process, now, therefore be it
RESOLVED, that the Town of Ulysses does hereby adopt the following procurement
policy which is intended to apply to all goods and services which are not required by law
to be publicly bid.
1. Every purchase to be made must be initially reviewed to determine whether it is a
Purchase Contract or a Public Works contract. Contracts which involve substantial or
extensive services, or involve special skills so that the acquisition of the commodity is
incidental to the labor should be treated as Public Works Contracts. Purchases and true
rentals or leases of property do not constitute “purchase contracts” within the meaning
and intent of General Municipal Law 103 and therefore are not subject to the
requirements specified in (1) above. Contracts where there is little or no labor involved
and involves primarily the procurement of commodities should be treated as
Purchasing Contracts (ref: OSC 1998 publication 3006 on the Applicabilit y of General
Municipal Law 103).
Once that determination is made, a good faith effort will be made to determine whether
it is known or can reasonably be expected that the aggregate amount to be spent on the
item of supply or service is not subject to competitive bidding, taking into account past
purchases and the aggregate amount to be spent in a year. The following items are not
subject to competitive bidding pursuant to Section 103 of the General Municipal Law:
purchase contracts under $20,000 and public works contracts under $35,000;
emergency purchases; goods purchased from agencies for the blind or severely
handicapped; goods purchased from agencies for correctional institutions; purchases
under State and County contracts; and surplus and second-hand purchases from another
governmental entity. In considering the thresholds for competitive bidding, the
aggregate amount to be expended in a fiscal year for an item or commodity to be
purchased or the same type of public work must be considered.
The decision that a purchase is not subject to competitive bidding will be documented
in writing by the individual making the purchase. This documentation may include
written or verbal quotes from vendors, a memo from the purchaser indicating how the
decision was arrived at, a copy of the contract indicating the source which makes the
item or service exempt, a memo from the purchaser detailing the circumstances which
led to an emergency purchase, or any other written documentation that is appropriate.
2. All goods and services will be secured by use of written requests for proposals,
written quotations, or any other method that assures that goods will be purchased at the
lowest price and that favoritism will be avoided.
3. The following method of purchase will be used when required by this policy in
order to achieve the highest savings.
Estimated Amount Method
Of Purchase Contract
(Est. labor cost no greater than 20% of the total cost)
$0 – 500 Prior approval of
Department Head
$501 – 1,000 Prior approval from
Supervisor
$1,001 – 4,000 2 written/fax quotations
and prior approval from
Supervisor & notification to TB
$4,001 - 19,999 3 Written/fax quotations or
written request for
proposal and prior approval
from Town Board.
Exception:
1. Highway Superintendent is authorized to incur expenses not to exceed $4,000.00
for repair and maintenance to highway equipment without Board or Supervisor
approval.
2. Highway Superintendent is authorized to purchase capital equipment with prior
approval of the Town Board and an agreed upon spending limit.
Estimate Amount of
Public Works Contract Method
$0 – 1,000 Prior approval of
Supervisor.
$1,001 – 10,000 2 Written/fax quotations
and prior approval from
Town Board.
$10,001 – 34,999 3 Written/fax quotations or
written requests for
proposal and prior approval from the Town
Board.
Exception:
The Highway Superintendent is authorized to incur expenses not to exceed $4,000 for
repair and maintenance of highway equipment without Board or Supervisor approval.
A good faith effort shall be made to obtain the required number of proposals or
quotations. If the purchaser is unable to obtain the required number of proposals or
quotations, the purchaser will document the attempt made at obtaining the proposals. In
no event shall the failure to obtain the proposal be a bar to the procurement.
4. All procurements made under one of the above listed circumstances require written
documentation of the circumstances and reasoning or information used.
5. Documentation and an explanation are required whenever a contract is awarded to
other than the lowest responsible offeror. This documentation will include an
explanation of how the award will achieve savings or how the offeror was not
responsible. A determination that the offeror is not responsible shall be made by the
purchaser and may not be challenged under any circumstances.
6. Pursuant to General Municipal Law Section 104-b (2) (f), this procurement policy
specifies the following circumstances when, or types of procurement for which, in the
sole discretion of the governing body, the solicitation of alternative proposals or
quotations will not be in the best interest of the Town of Ulysses.
a. Professional services or services requiring special or technical skill,
training or expertise. The individual or company must be chosen based
on accountability, reliability, responsibility, skill, education and
training, judgment, integrity, and moral worth. These qualifications are
not necessarily found in the individual or company that offers the lowest
price and the nature of these services are such that they do not readily
lend themselves to competitive procurement procedures.
In determining whether a service fits into this category the Town Board
shall take into consideration the following guidelines: (a) whether the
services are subject to State licensing or testing requirements; (b)
whether substantial formal education or training is a necessary
prerequisite to the performance of the services; and (c) whether the
services require a personal relationship between the individual and
municipal officials. Professional or technical services shall include but
not be limited to the following: services of an attorney; services of a
physician; technical services of an engineer engaged to prepare plans,
maps and estimates; securing insurance coverage and/or accountant;
investment management services; printing services involving extensive
writing, editing or art work; management of services for customized
programs, or services involved in substantial modification and
customizing of pre-packaged software.
b. Emergency purchases pursuant to Section 103 (4) of the General
Municipal Law. Due to the nature of this exception these goods or
services must be purchased immediately and a delay in order to seek
alternate proposals may threaten life, health, safety or welfare of the
residents. This section does not preclude alternate proposals if time
permits.
c. Purchases of surplus and second-hand goods from any
source.
d. Sole-source items.
All procurements made under one of the above listed circumstances require written
documentation of the circumstances and reasoning or information used.
7. The unintentional failure to comply with the provisions of this policy shall not be
grounds to void action taken or give cause for action against the Town or any
officers or employees thereof.
8. This policy shall be reviewed annually by the Town Board at their organizational
meeting or as soon afterward as practical. The adopted policy will be distributed to
all department heads.
*****
*Investigating procedure for selling Town-owned land
BE IT RESOLVED that the Town Board of the Town of Ulysses approve to have
Attorney Geldenhuys look into the procedure for selling Town-owned real property.
*****
*Approval of minutes for 10/5, 10/22, 10/26
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes
of Special Board meetings dated October 5, 22, and 26 as edited by Ms. Poelvoorde,
Ms. Marino and Ms. Tyler.
*****************************************************************
DECEMBER 14, 2010 RTB
A Fund
Appropriation line 1640.7 Central Print / Mail increase $ 244
Appropriation line 1620.4 Buildings CE increase $1,095
Appropriation line 1650.4 Central Communications CE increase $1,319
(website)
Appropriation line 5010.4 Highway Supervisor CE increase $ 50
Appropriation Line 5132.4 Garage CE decrease $2,708
Appropriation line 1920.4 Municipal Dues increase $ 970
(Cayuga Lake IO & Chamber of Commerce)
Appropriation line 1010.4 Town Board CE decrease $ 970
Appropriation line 9060.8 Medical Insurance (Town Share) increase $ 528
Appropriation line 1910.4 Unallocated Insurance decrease $ 528
B Fund
Appropriation line 9060.8 Medical Insurance (Town Share) increase $1,062
Appropriation line 8011.1 Deputy Zoning Officer PS decrease $1,062
DB Fund
Appropriation line 5110.1 General Repairs PS increase $9,000
Appropriation line 9010.8 State Retirement increase $ 640
Appropriation line 9030.8 Social Security increase $ 474
Appropriation line 9040.8 Workers Comp decrease $2,871
Revenue line DB599 Appropriated Fund Balance increase $7,250
SW3 Fund
Appropriation line 8340.4 Transmission /Distribution CE increase $ 485
Appropriation line 8340.2 Transmission /Distribution EQ decrease $ 289
Appropriation line 8310.4 Administration CE decrease $ 196
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous
examined vouchers numbered 477 through 525 in the amount of $55,294.03.
*Approval of minutes for 11/3, 11/9, 11/17
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes
of the Regular Town Board meeting of 11/09/2010; the Special Town Board meeting
of 11/17/210; the Public Hearings of 11/03/2010 and 11/17/2010.
*****
*Switch ToU to 100% Renewable Energy through NYSEG
BE IT RESOLVED that the Town Board of the Town of Ulysses notify NYSEG Solutions
that the Town of Ulysses switch to the 100% Renewable Energy.
*****
*Approval of Medicare Supplemental insurance for employees on Medicare
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the Medicare
Supplemental insurance for those employees currently on Medicare.
*****
*Changing the payroll service
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the change for
the payroll service from ADP to Paychex, Inc.
*****
*SEQR determination for Franziska Racker Center renovation
WHEREAS, the Franziska Racker Centers (“the Applicant”) filed an application for a
special permit and site plan review for a project to renovate the existing 25,000 square foot
school building located at 3226 Wilkins Road in the Town of Ulysses (hereafter “the
Property”), construct two single-story additions totaling 8,500 square feet, modify the
existing west parking lot to become ADA compliant, add a new landscape buffer along
Wilkins Road facing the residential neighbors, and as a later phase, add a new 55 space
parking lot behind the east side of the school (collectively “the Project”); and
WHEREAS, the Project is an Unlisted action under the State Environmental Quality
Review Act, and is subject to environmental review; and
WHEREAS, the Applicant completed Part I of the Short Environmental Assessment
Form (SEAF);
WHEREAS, the Town Board completed Part II of the SEAF;
NOW, THEREFORE, BE IT RESOLVED that the Town Board determines, based on
the information and analysis set forth in the SEAF and supporting documentation
submitted by the Applicant, that the proposed action will not result in any significant
adverse environmental impacts.
SPECIAL PERMIT APPLICATION: FRANZISKA RACKER CENTERS
PROJECT
WHEREAS, the Franziska Racker Centers filed an application for a special permit
and site plan review for a project to renovate the existing 25,000 square foot school
building located at 3226 Wilkins Road in the Town of Ulysses (hereafter “the Property”),
construct two single-story additions totaling 8,500 square feet, modify the existing west
parking lot to become ADA compliant, add a new landscape buffer along Wilkins Road
facing the residential neighbors, and as a later phase, add a new 55 space parking lot
behind the east side of the school (collectively “the Project”); and
WHEREAS, the Property is located in a moderate density residential zone; and
WHEREAS, a school is a permitted use in this zone with a special permit approved
by the Town Board, pursuant to§8.5 of the Zoning Law; and
WHEREAS, the Town Board referred the application to the Planning Board for
Site Plan Review pursuant to §3.4 of the Town of Ulysses zoning law; and
WHEREAS, the Project is an Unlisted action under the State Environmental
Quality Review Act, and is subject to environmental review; and
WHEREAS, the Planning Board and the Town Board held a joint Public hearing
for a Special Permit and Site Plan Review for the Project on November 17, 2010; and
WHEREAS, legal notice of the public hearing was published and properly posted;
and
WHEREAS, the Planning Board passed a Resolution on November 17, 2010,
approving the site plan for the Project and recommending to the Town Board that it grant
the Special Permit; and
WHEREAS, the Planning Department of the County of Tompkins reviewed the
Project under General Municipal Law §239- l, -m and -n and concluded that it did not have
negative inter-community or county-wide impacts, as set forth in a letter to the Code
Enforcement Officer dated December 3, 2010; and
WHEREAS, the applicant submitted the following documentation, which has been
reviewed by the Town Board:
1. A narrative describing the project;
2. Part 1 of a short Environmental Assessment Form;
3.
A survey map showing location of the Property, topography, streets, highway,
adjacent neighbors, and buildings;
4. A Stormwater Pollution Prevention Plan, Narrative and Calculations,
subject to further review by Tompkins County Soil and Water Services;
5. A nine page site plan showing existing and proposed site work and
proposed buildings; and
WHEREAS, the Town Board made a negative determination of environmental
significance in a resolution adopted on December 14, 2010;
NOW, THEREFORE, BE IT RESOLVED that the Town Board makes the
following findings:
1. All required written submissions for the Project are complete.
2. The public was provided an opportunity to comment on the Project and all such
comments were considered by the Town Board.
3. A school is a permitted use in the Moderate-Density Residence District (R-2) by
Special Permit.
4. An educational facility provides benefit to the community.
5. The site plan for the Project, as approved by the Planning Board, protects the
general welfare, health and safety of the community, in that:
1. The proposed new construction blends as unobtrusively as possible into the
current landscape and the current aesthetic character of the complex is
maintained;
2. Additional lighting for the proposed parking lot at the back of the building
will not produce excessive illumination;
3. Stormwater run-off from the proposed parking lot will be mitigated by the
construction of a small retention pond.
d. New trees and shrubs at the school entrance along Wilkins Road will
supplement existing spruce trees to create a landscape buffer facing
residential neighbors.
AND BE IT FURTHER RESOLVED that the Town Board approves the Special
Permit for the Franziska Racker Centers Project.
*****
*Insurance contract
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the insurance
contract with E. C. Cooper for a total premium of $18,609.74 and authorize Supervisor
Marino to sign the contact.
*****
*Gifts for employees and volunteers
BE IT RESOLVED that the Town Board of the Town of Ulysses provide gift certificates
of $50 to all non-elected employees and the volunteer committees and boards appointed by
the Town Board that regularly hold meetings.
*****
*New telephone system
BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Supervisor
Marino to contract with All-Mode Communications for a new voicemail system in the
amount of $1,946.
*****
*Local Law #2: Dog Licensing and Control Law for the Town of Ulysses
BE IT RESOLVED that the Town Board of the Town of Ulysses adopt Local Law #2 for
the year 2010 “Dog Licensing and Control Law of the Town of Ulysses”, with the
corrections made tonight as follows:
Local Law #2 for the Year 2010
Dog Licensing and Control Law
of the Town of Ulysses
Section 1. Title. The title of this Local Law shall be, “Dog Licensing and Control Law
of the Town of Ulysses”.
Section 2. Authority. This Local Law is enacted pursuant to the provisions of (Chapter
59; Part T of the laws of 2010) Article 7 of the Agriculture and Markets Law and the
Municipal Home Rule Law of the State of New York.
Section 3. Purpose. The Town Board of the Town of Ulysses, County of Tompkins
hereby finds and declares that the purpose of this Local Law is to provide for the licensing
and identification of dogs.
Section 4 . Application.
1. This Local Law shall apply to all areas of the Town of
Ulysses, including the Village of Trumansburg.
2. In the event that any dog owned by a non-resident of the
Town of Ulysses is harbored within the Town for a period of 30 days
or less, such dog shall be exempt from the identification and
licensing provisions of this Local Law, provided such dog is licensed
pursuant to the provisions of law in the area of residence.
3. This Local Law shall not apply to any dog confined to the
premises of any public or private hospital devoted solely to the
treatment of sick animals, or confined to an animal shelter devoted to
the impounding and caring of animals.
Section 5. Definitions As used in this Local Law, the following words shall mean:
1. "Altered" shall refer to a dog that has been spayed or
neutered.
2. "At large" means an unleashed dog not under control of the
owner and off the premises of the owner.
3. "Companion animal" means any dog or cat, and shall also mean
any other domesticated animal normally maintained in or near the household of the
owner or person who cares for such other domesticated animal. "Companion
animal" shall not include a "domestic animal" as defined in this Section.
4. "Dangerous dog" means any dog which
a. without justification attacks a person, companion animal,
farm animal, or domestic animal as defined in this section and causes
physical injury or death, or
b. behaves in a manner which a reasonable person would
believe poses a serious and unjustified imminent threat of serious
physical injury or death to one or more persons, companion animals,
farm animals or domestic animals or
c. without justification attacks a "Guide Dog", "Hearing Dog",
"Service Dog", "Working Search Dog", "War Dog", "Detection
Dog", "Police Work Dog", or "Therapy Dog" and causes physical
injury or death.
d. "Dangerous dog" does not include a "Police Work Dog",
while being used to assist one or more law enforcement officers in
the performance of their official duties.
5. "Detection dog" means any dog that is trained and is actually
used for such purposes or is undergoing training to be used for the purpose of
detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or
school or correctional facility contraband.
6. "Dog" means any member of the species canis familiaris.
7. "Dog Control Officer" means any individual appointed by the Town to assist in the
enforcement of this Local Law or any authorized officer, agent or employee of an
incorporated humane society or similar incorporated dog protective association
under contract with the Town to assist in the enforcement of this Local Law.
8. "Domestic animal" means any domesticated sheep, horse, cattle, fallow deer, red
deer, sika deer, whitetail deer which is raised under license from the New York
State Department of Environmental Conservation, llama, goat, swine, fowl, duck,
goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which
is raised in confinement under license from the New York State Department of
Environmental Conservation before release from captivity, except that the varieties
of fowl commonly used for cock fights shall not be considered domestic animals
for the purposes of this Local law.
9. "Farm animal", as used in this Local Law, means any ungulate, poultry,
species of cattle, sheep, swine, goats, llamas, horses or fur-bearing animals, as
defined in New York State Environmental Conservation Law, which are raised
for commercial or subsistence purposes. Fur-bearing animal shall not include
dogs or cats.
10. "Guide dog" means any dog that is trained to aid a person who is blind and is
actually used for such purpose, or any dog owned by a recognized guide dog
training center located within the State of New York during the period such dog is
being trained or bred for such purpose.
11. "Harbor" means to provide food or shelter to any dog.
12. "Hearing dog" means any dog that is trained to aid a person with a hearing
impairment and is actually used for such purpose, or any dog owned by a
recognized training center located within the State of New York during the period
such dog is being trained or bred for such purpose.
13. "Identification tag" means a tag issued by the Town of Ulysses or other licensing
municipality which sets forth an identification number, together with the name of
the municipality, the State of New York, contact information, including telephone
number for the municipality, and such other information as the licensing
municipality deems appropriate.
14. "Identified dog" means any dog carrying an identification tag.
15. "Municipality" means any county, town, city or village.
16. "New York State Agriculture and Markets Law" means the Agriculture and
Markets Law of the State of New York in effect as of the effective date of January
1, 2011 and as amended thereafter.
17. "Owner" means any person who harbors or keeps any dog. If a dog is not licensed,
the term of “owner” shall designate and cover any person or persons, firm,
association or corporation who or which at any time owns or has custody or control
of, harbors, or is otherwise responsible for any animal which is kept, brought or
comes within the Town. Any person owning or harboring a dog for a period of one
week prior to the filing of any complaint charging a violation of this Local Law
shall be held and deemed to be the owner of such dog for the purpose of this Local
Law. In the event any dog found to be in violation of this Local Law shall be
owned by a minor (under 18 years of age), the head of the household in which said
minor resides shall be deemed to have custody and control of said dog and shall be
responsible for any acts of said dog and violation of this Local Law.
18. "Owner of record" means the person purchasing the license or in whose name any
dog was last licensed. An owner of record shall be 18 years of age or older.
19. "Person" means any individual, corporation, partnership, association or other
organized group of persons, municipality, or other legal entity.
20. "Police work dog" means any dog owned or harbored by any state or municipal
police department or any state or federal law enforcement agency, which has been
trained to aid law enforcement officers and is actually being used for police work
purposes.
21. "Purebred Dog" means a dog registered by a nationally recognized registry
association.
22. "Recognized registry association" means any registry association that operates on a
nationwide basis, issues numbered registration certificates and keeps such records
as may be required by the Commissioner of Agriculture.
23. "Service dog" means any dog that has been or is being individually trained to do
work or perform tasks for the benefit of a person with a disability, provided that the
dog is or will be owned by such person or that person's parent, guardian or other
legal representative.
24. "Therapy dog" means any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and other settings
and is actually used for such purpose, or any dog owned by a recognized training
center located within the state during the period such dog is being trained or bred
for such purpose.
25. "Tompkins County Working dog" shall refer to any "Guide Dog", "Hearing Dog",
"Service Dog", "Working Search Dog", "War Dog", "Detection Dog", "Police
Work Dog", or "Therapy Dog" as defined by this Local Law and Article 7 of New
York State Agriculture & Markets Law, and is duly licensed by any licensing
municipality within Tompkins County, New York and wearing a Tompkins County
Working Dog tag.
26. "Town" means the area within the corporate limits of the Town of Ulysses,
including the Village of Trumansburg.
27. "Town Board" means the Town of Ulysses Board.
28. "Town Clerk" means the Ulysses Town Clerk.
29. "Unaltered" shall refer to any dog that is not spayed or neutered.
30. “Village” means the area within the corporate limit of the Village of Trumansburg.
31. "War dog" means any dog which has been honorably discharged from the United
States armed services.
32. "Working search dog" means any dog that is trained to aid in the search for missing
persons and is actually used for such purpose.
Section 6. Licensing.
1. Application for Original License.
a. The owner of any dog reaching the age of four months shall immediately
make application to the Town Clerk for a dog license on a form provided by
the Town Clerk’s Office. No license shall be required for any dog which is
under the age of four months and which is not at large, or any dog that is
residing in a pound or shelter maintained by or under contract or agreement
with the State of New York or any county, city, town or village, duly
incorporated society for the prevention of cruelty to animals, duly
incorporated humane society or duly incorporated dog protective
association.
b. In the case of an unlicensed dog being redeemed by the owner or a dog
being adopted from a shelter or pound, the Town Clerk and the manager of
the facility shall establish a licensing procedure that is agreeable and
beneficial to both the Town of Ulysses and the shelter or pound.
2. Rabies Vaccination Required. All applications for a dog license shall be
accompanied by a valid rabies certificate signed by a licensed veterinarian or,
in lieu thereof, a statement certified by a licensed veterinarian stating that the
dog is too young to be vaccinated or because of old age or another reason, the
life of the dog would be endangered by the administration of vaccine. A copy
of the rabies certificate or certified statement shall be attached to the Clerk’s
copy of the application. In the case of an unlicensed dog being redeemed by
the owner or a dog being adopted from a shelter, copies of the rabies certificate
shall be forwarded to the Town Clerk. Such records shall be kept on file by the
Town Clerk and be made available upon request for rabies and other animal
disease control efforts.
3. Spay/Neuter Certificates. In the case of a spayed or neutered dog, every
application shall be accompanied by a certificate signed by a licensed
veterinarian, showing that the dog has been spayed or neutered. In lieu of the
spay or neuter certificate an owner shall present a statement certified by a
licensed veterinarian stating that he has examined the dog and found that
because of old age or other reason, the life of the dog would be endangered by
spaying or neutering. In such case, the license fee for the dog shall be the same
as for a spayed or neutered dog as set forth in Part 7 of this Section.
4. License. Upon receiving a complete application, the required documents and the
fee, the Town Clerk shall issue a license and tag. The Town Clerk’s copy shall
be kept on file in accordance with the Records Retention and Disposition
Schedule MU-1 issued by the New York State Archives and Records
Administration.
5. Expiration of License. An original license shall be issued for a period of one year,
and shall expire on the last day of the month one year from the date of issue.
6. License Renewal.
a. License renewal forms shall be mailed by the Town Clerk.
b. A new rabies certificate shall be required if the one on record has expired or
expires within 30 days of the date of renewal. An in-lieu-of statement as
described in Part 2 of this Section may be substituted for a rabies certificate.
New rabies certificates and statements shall be copied and attached to the
Town Clerk’s copy of the renewal.
c. A spay/neuter certificate shall not be required if one is already on file with
the Town Clerk. In a case where the dog has been altered during the
preceding year, the certificate shall be presented to the Town Clerk in order
to receive the reduced fee for an altered dog. The Town Clerk shall make a
copy of the certificate and attach it to the original license on file.
d. The renewal shall expire on the last day of the month in the same month
that it was originally issued. (i.e., a license originally issued in January will
always expire in January.)
e. Renewing early or late, does not change the renewal month. However,
owners having more than one dog may request common renewal dates for
their licenses, which may be granted at the discretion of the Town Clerk,
provided that all other licensing and renewal requirements are met. No
licensing fees will be prorated, refunded, or waived when accommodating
such a request.
f. Upon renewal the Town Clerk shall provide a validated license to the
owner. The Clerk’s copy shall be kept on file in accordance with the
Records Retention and Disposition Schedule MU-1 issued by the New York
State Archives and Records Administration.
7. License Fees.
a. Pursuant to this Local Law, the Town Board of the Town of Ulysses is
authorized to establish by resolution, a schedule of fees pertaining to the
licensing, identification and enumeration of dogs. The Town Board may
amend the fee schedule by resolution from time to time as it deems
appropriate. The most current fee schedule will be kept on file in the office
of the Ulysses Town Clerk for public inspection.
b. All applications for original licenses or renewals shall be accompanied b y a
fee established by resolution of the Ulysses Town Board.
c. All revenue derived from such fees shall be the sole property of the Town
of Ulysses and shall be used only for controlling dogs and enforcing this
Local Law and Article 7 of New York State Agriculture and Markets Law.
Said revenue may also be used to subsidize the spaying or neutering of
dogs, to subsidize any facility as authorized under Article 7 of New York
State Agriculture and Markets Law, and to subsidize public humane
education programs related to responsible dog ownership.
d. In no event shall any money derived from license fees be used to subsidize
the spaying or neutering of cats or animals other than dogs.
e. No license fees are refundable or partially refundable in the event that a dog
is lost, stolen, sold, given away, surrendered or deceased before the
expiration of the license.
f. An additional fee may be established by resolution of the Ulysses Town
Board should a dog be identified as unlicensed during an enumeration.
Such additional fee shall be the property of the Town of Ulysses and shall
be used to pay the expenses incurred while conducting the enumeration. In
the event the additional fees collected exceed the expenses incurred, such
excess fees may be used for enforcing this Local Law and for spaying or
neutering dogs and cats.
g. In addition to the fees set by the Town Board, an additional New York State
Spay/Neuter Surcharge shall be assessed for the purpose of carrying out
population control efforts as mandated by Article 7 of New York State
Agriculture and Markets Law. Money derived from such additional
assessment may be used to subsidize the spaying and neutering of cats as
well as dogs pursuant to Article 7 of New York State Agriculture and
Markets Law.
8. Exemptions to License Fees. Licenses for any guide dog, hearing dog, service
dog, war dog, working search dog, detection dog, police work dog or therapy
dog shall be exempt from license fees. Each copy of any license for such dogs
shall be conspicuously marked "Guide Dog", "Hearing Dog", "Service Dog",
"Working Search Dog", "War Dog", "Detection Dog", "Police Work Dog", or
"Therapy Dog", as may be appropriate, by the Town Clerk. Pursuant to Article
7 of New York State Agriculture and Markets Law, said dogs are not exemp t
from the mandated population control fee.
9. Identification of dogs.
a. When a dog is originally licensed, a Town of Ulysses identification number
will be assigned and an identification tag shall be issued, which shall be
worn by the dog at all times.
b. Existing New York State Agriculture and Markets dog licenses being
renewed or transferred in from another municipality shall be assigned a
Town of Ulysses identification number and an identification tag shall be
issued. The New York State Agriculture and Markets tag or other
municipality’s tag shall be discarded and the Town of Ulysses tag shall be
worn by the dog at all times.
c. A dog participating in a dog show is exempted from wearing an
identification tag only for the duration of the show.
d. No identification tag shall be affixed to the collar of any dog other than the
dog to which it was assigned.
e. Any guide dog, hearing dog, service dog, war dog, working search dog,
detection dog, police work dog or therapy dog shall be issued a Town of
Ulysses identification tag and a Tompkins County Working Dog tag. Both
tags shall be worn by the dog at all times.
f. Lost tags shall be replaced at the expense of the owner at a fee set by the
Ulysses Town Board.
10. Change of Address. When there is a change o f address for the owner of
record, the owner shall notify the Town Clerk’s Office of such change. If the
change is still within the Town of Ulysses, the Town Clerk will make the
appropriate updates to the dog license reco rd. If the change is located out side
the Town of Ulysses, the Town Clerk shall make a note in the record and
cancel the license. The Clerk shall forward a copy of the license to th e Clerk of
the municipality to which the owner has moved, informing sai d Clerk that the
dog now resides in t heir municipality.
11. Change of Ownership. In the event of a change in the ownership of any dog
licensed in the Town of Ulysses, the new owner shall immediately make
application for a license for such dog. Additionally, the original owner of record
shall notify the Town Clerk’s Office of the change of ownership. Such original
owner of record shall be liable for any violation under this Local Law until such
filing is made or until the dog is licensed in the name of the new owner.
12. Lost, Stolen or Deceased Dog. If any dog which has been licensed in the Town of Ulysses is lost, stolen or deceased, the owner of record shall notify the Town Clerk’s Office within thirty days the discovery of such loss, theft or death.
13. Lists of Licensed Dog Ow ners. No dog licensing records, information, or lists shall be made available to any person or company for commercial purposes.
14. Purebred Licenses.
a. Purebred Licenses are offered in the Town of Ulysses as an alternative to
individual dog licenses for owners actively involved in the breeding and
sale of purebred dogs.
b. To qualify for a Purebred License, a person must own five or more purebred
dogs and at least five of those dogs must be unaltered. The purebred dogs
must be registered by a recognized registry association as defined in
Agriculture and Markets Law § 108.
c. At the time of application, the Town Clerk shall assign a Purebred License
identification number.
d. Application for a purebred license shall be on a form provided by the Town
Clerk and shall include rabies vaccination certification as specified in Part 2
of this Section for every dog listed on the license, a copy of which shall be
kept on file by the Town Clerk.
e. Copies of registry papers for every dog or a comprehensive list of registry
numbers and associations shall be required and filed with the Clerk’s copy
of the license.
f. All dogs over four months of age must be listed and included in the
purebred license.
g. Purebred licenses shall be issued for one year and renewed annually.
h. All applications for and renewals of purebred licenses shall be accompanied
by a fee as set by resolution of the Town Board. In addition, an assessment
of $3.00 for each dog unaltered dog and $1.00 for each altered dog shall be
added for the purpose of carrying out animal population control efforts as
mandated by Article 7 of New York State Agriculture and Markets Law.
No fee or portion thereof shall be refundable once the license is issued.
i. The Town Clerk may request that the Dog Control Officer verify the
number of dogs being claimed on any purebred license.
j. No purebred license is transferable. Upon change of ownership of any dog
licensed under a purebred license, the new owner shall immediately make
application for a license pursuant to Part 1 of this Section, except when the
new owner holds a valid purebred license and adds the dog to such purebred
license.
15. Wolf/dog hybrid. A wolf/dog hybrid, or any animal whose overall appearance
makes it difficult, or impossible to distinguish from a wolf (Canis lupis), or a
coyote (Canis latrans) may not be licensed in the Town of Ulysses. NYS
Department of Environmental Conservation regulates them under Dangerous
Wildlife License pursuant to Environmental Conservation Law §3-0301, 11-0325,
11-051 and 6 NYCRR Part 175 and Part 180. A copy of such permit must
be filed with the Ulysses Town Clerk in lieu of a dog license.
Section 7. Prohibited Acts.
It shall be unlawful for any owner of a dog to permit or allow such dog to:
1. Run at large.
2. When within the corporate limits of the Village of Trumansburg, be off the owner’s
property unless restrained and controlled by an adequate collar and a leash
3. When in the area of the Town of Ulysses outside the corporate limits of the Village,
be off the owner’s property unless restrained by an adequate collar and leash except
when it is accompanied by its owner or a responsible person able to control it by
command.
4. Engage in habitual loud howling, barking, crying or whining or conduct itself in
such a manner so as to unreasonably and habitually annoy and/or disturb any
person other than the owner of such dog.
5. Cause damage or destruction to property or defecate, urinate, dig or otherwise
commit a nuisance other than on the property of the owner of such dog.
6. Chase, bite, jump upon or at, or otherwise harass any person in such a manner as to
reasonably cause intimidation or fear or to put such person in reasonable
apprehension of bodily harm or injury.
7. Chase, run alongside of, bark at or otherwise harasses any motor vehicle,
motorcycle, bicycle, carriage or any other vehicle or device used by persons for
travel or any riders or occupants thereof while said vehicle or device is on a public
highway or private property other than property of the owner of said dog. For
purposes of this section, a horse or other animal shall be considered a vehicle or
device.
It shall also be unlawful for any dog owner to:
1. Fail to license any dog at the age of four (4) months or older, or allow any dog to be
unlicensed due to failure to renew a dog license.
2. Fail to have any dog identified by a valid and current Town of Ulysses dog license
identification tag.
3. Knowingly affix to any dog any false or improper identification tag or any
identification tag belonging to another dog.
4. Fail to confine, restrain or present such dog for any l awful purpose pursuant to this
Local Law or Article 7 of New York State Agriculture and Markets Law.
5. Furnish any false or misleading information on any license or form, required by the
Town, the Ulysses Dog Control Officer, or any shelter or pound servicing the Town
of Ulysses.
6. Fail to notify the Town Clerk of any change of ownership, change of address, death
or loss of any dog licensed in the Town of Ulysses.
7. License a wolf/dog hybrid or any animal whose overall appearance makes it difficult
or impossible to distinguish it from a wolf (Canis lupis), or a coyote (Canis latrans)
as a dog in the Town of Ulysses. See Section 6 - #15.
8. Fail to obtain a permit from the Department of Environmental Conservation for a
wolf/dog hybrid or any animal whose appearance makes it impossible to distinguish
it from a wolf (canis lupus) or a coyote (canis latrans) and/or fail to file such permit
with the Town of Ulysses in lieu of a dog license.
9. Violate the provisions of New York State Agriculture and Markets Law 351, which prohibits animal fighting.
Establishment of the fact or facts that a dog or its owner has committed any of the acts
above prohibited by this Local Law shall be presumptive evidence against the owner of
such dog that he/she has failed to properly confine, leash or control his/her dog.
Section 8. Removal of Feces.
1. Any owner who allows a dog to defecate on any public or private property, other
than the property of the owner, shall immediately clean up the feces, place it in a
plastic container or bag, and deposit it in a container used for the disposal of refuse.
2. In no event shall any feces be deposited in storm drains or any other streams or
ponds.
Section 9. Conditions for Keeping Dogs.
All premises occupied by dogs shall be kept in a clean, sanitary condition. Adequate food,
water, shelter and space must be provided for each dog owned. For the purpose of this
Section, “adequate” shall mean sufficient for age, size and number of dogs on the
premises.
Section 10. Female Dogs.
All female dogs, while in season (heat), shall be confined to the premises of their owner
and my not be left outside unattended. Any owner not adhering to this section shall be
subject to having the dog seized by the Dog Control Officer and removed to a shelter or
pound for confinement. The owner of any dog seized pursuant to this section shall be
subject to an impoundment fee plus the shelter’s usual boarding fees for time sp ent in the
shelter. In the event that the dog is released from the shelter before the end of its cycle, the
owner must demonstrate to the shelter manager that the dog shall be sufficiently confined.
Section 11. Liability of Owner.
1. If a domestic, farm or companion animal is injured or killed as a result of being
attacked, chased or worried by any dog, the owner of said dog shall be liable for
damage. The owner of such injured or killed animal may make a complaint to the
Dog Control Officer or a police officer who shall proceed pursuant to the
Dangerous Dog Section of Article 7 of New York State Agriculture and Markets
Law.
2. In no event shall the Town of Ulysses, the Village of Trumansburg, or the County
of Tompkins be held liable for any damage done by any dog.
Section 12. Dangerous Dogs.
1. The determination of a Dangerous Dog and the prosecution of the owner of
such a dog shall be pursuant to Article 7 of New York State Agriculture and
Markets Law.
2. In the event that a dog is determined by the Ulysses Town Court to be a
dangerous dog, the Court shall give notice to the Town Clerk of such
determination and note will be made in the dog’s record. Additionally, the
Town Clerk shall notify the Village Clerk, law enforcement and emergency
services.
Section 13. Enforcement/Appearance Ticket.
Any Dog Control Officer or other person or persons, who are or may be lawfully
authorized by the Town, shall, and any Village of Trumansburg Police Officer or any other
peace officer may, administer and enforce the provisions of this Local Law, and for such
purpose shall have the authority to issue appearance tickets.
Section 14. Impoundment of Dogs
1. Any dog belonging to a person found in violation of any of the provisions of this
Local Law may be seized pursuant to the provisions of New York State
Agriculture and Markets Law.
2. Any dog believed to be dangerous and which poses an immediate threat to the
public safety may be seized.
3. Any dog may be seized, which has been judged to be a Dangerous Dog pursuant to
New York State Agriculture and Markets Law and whose owner has failed to obey
a court order pertaining to said Dangerous Dog.
4. Every dog impounded shall be properly cared for, sheltered, fed and watered.
5. Seized dogs may be redeemed by producing proof of licensing and identification
and by paying an Impounded Dog License Surcharge as set by resolution of the
Town Board.
6. Each dog which is not identified, whether or not licensed, shall be held for a period
of 5 days from the day seized during which period the dog may be redeemed by
its owner. Said owner shall provide proof that the dog has been licensed pursuant
to this Local Law and pay an Impoundment Dog License Surcharge fee pursuant to
Part 5 of this Section. Seized dogs that are found to be unlicensed shall be
reported to the Town Clerk before leaving the shelter and be required to be
licensed immediately at the Town Clerk’s Office.
7. In the case of an identified dog, the owner of record shall be promptly notified by
the Dog Control Officer of the seizure and the procedure for redemption either
personally or by certified, return receipt requested mail. If notification is
personally given, the dog shall be held for a period of 7 days after the day of
notice, during which period the dog may be redeemed by the owner. If such
notification is made by mail, the dog shall be held for a period of 9 days from the
date of mailing, during which period the dog may be redeemed by the owner. Said
owner shall provide proof that the dog has been licensed pursuant to this Local
Law and pay an Impoundment Dog License Surcharge fee pursuant to Part 5 of
this Section. Any owner who provides an expired license as proof will be reported
to the Town Clerk for renewal of the license and pay the Impounded Dog License
Surcharge before the dog is released from the shelter.
8. Any dog unredeemed at the expiration of the appropriate redemption period shall
be made available for adoption or euthanized pursuant to the provision of New
York State Agriculture and Markets Law.
9. If the owner of any unredeemed dog is known, such owner shall be required to pay
the Impoundment Dog License Surcharge fee required by Part 5 of this Section.
10. The seizure of any dog shall not relieve any person from any violation of this
Local Law or New York State Agriculture and Markets Law.
Section 15. Complaint.
1. Any Town-designated Dog Control Officer or Agency having reasonable cause to
believe that a violation of this Local Law has been committed in his/her
presence shall, and any Village Police Officer or other peace officer may,
issue and serve upon such person an appearance ticket for such violation.
2. Any person who observes a dog in violation of this Local Law may file a
complaint, under oath, with a Town-designated Dog Control Officer or
Agency specifying the nature of the violation, the date thereof, and a
description of the dog, the location of the violation and the name and
residence, if known, of the owner of such dog. Such complaint may serve
as the basis for enforcing the provisions of this Local Law.
3. Upon receipt by the Town-designated Dog Control Officer or Agency of any such
complaint, that Officer or Agency shall issue an appearance ticket to the
alleged owner of the dog to appear before the Ulysses Town Court at a date
and time specified.
Section 16. Violations and Penalties.
A violation of this law shall constitute a violation as defined in the Penal Law of the
State of New York and shall be punishable by a penalty of not less than $25 for the first
violation, not less than $50 for the second violation, and not less than $75 for the third
and all subsequent violations, or by imprisonment for a term not to exceed five days for
each violation. These penalties shall be in addition to any other penalty provided by law.
Section 17. Additional Penalties.
1. Pursuant to Article 7 of New York State Agriculture and Markets Law, any person
who intentionally refuses, withholds, or denies a person, because he or she is
accompanied by an on-duty police work dog, working search, war, or detection
dog, any accommodations, facilities, or privileges thereof shall be subject to a civil
penalty of up to $200.00 for the first violation and up to $400.00 for each
subsequent violation.
2. Pursuant to Article 7 of New York State Agriculture and Markets Law, any person
who for the purpose of participating in the animal population control program shall
falsify proof of adoption from a pound, shelter, duly incorporated society for the
prevention of cruelty to animals, duly incorporated humane society or duly
incorporated dog or cat protective association or who shall furnish any licensed
veterinarian of this state with inaccurate information concerning his or her
residency or the ownership of an animal or such person's authority to submit an
animal for a spaying or neutering procedure pursuant to this Local Law and/or
Section 117 of New York State Agriculture and Markets Law, and any veterinarian
who shall furnish false information concerning animal sterilization fees shall be
guilty of a violation prosecuted pursuant to the New York State Penal Law
punishable by a fine of not less than $250.00.
Section 18. Disposition of Fines.
Notwithstanding any other provision of law, all moneys collected as fines or penalties by
the Town of Ulysses as a result of any prosecution for violations of the provisions of this
Local Law or Article 7 of New York State Agriculture and Markets Law and all bail
forfeitures by persons charged with such violations shall be the property of the Town of
Ulysses and shall be paid to the Town Supervisor. Such moneys shall be used only for
controlling dogs and enforcing this Local Law. Said revenue may also be used to
subsidize: 1) the spaying or neutering of dogs, 2) any facility as authorized under Article 7
of New York State Agriculture and Markets Law, and 3) subsidizing public humane
education programs in responsible dog ownership.
Section 19. Non-liability.
No action shall be maintained against the Town of Ulysses, the Village of Trumansburg,
the Ulysses Dog Control Officer, any Village of Trumansburg Police Officer, or any
person or persons lawfully authorized by the Town when performing duties pursuant to
this Local Law or New York State Agriculture and Markets Law to recover the possession
or value of any dog, or for damages for injury or compensation for the destruction of any
dog seized or destroyed pursuant to the provisions of this Local Law or New York State
Agriculture and Markets Law.
Section 20. Separability
If any section, paragraph, subdivision, clause, phrase or provision of this Local Law shall
be judged invalid or held unconstitutional, it shall not affect the validity of the Local Law
as a whole or any part or provision thereof other than the part so decided to be invalid or
unconstitutional.
Section 21. Repealer.
This Local Law shall supersede all prior Local Laws, ordinances, rules and regulations
relative to the control, licensing and fee schedules of dogs within the Town and they shall
be, upon the effective date of this Local Law, null and void.
Section 22. Effective Date.
This Local Law shall take effect the 1st day of January 2011 and filed with the Secretary of
State.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
following Dog License fees:
Dog License Fees
Spayed/neutered Dogs $13.50*
Unspayed/unneutered $20.50**
Tompkins County Working Dogs as referenced in Section 5 - #24 of Local
Law #2 for the Year 2010 – “Dog Licensing and Control Law of the Town
of Ulysses”. No Fee
*Includes $1 for Dog Population Control Surcharge
** Includes the $3 for Dog Population Control Surcharge
Purebred Licenses
5-20 Purebred dogs $100.00*
21- and over 200.00*
*Additional $3.00 for each unaltered dog
Replacement Tag/ Purebred Tag $ 3.00
Impoundment Fee (refund by TCAC) $30.00
Unlicensed Dog identified during Dog Enumeration $ 5.00
Further resolved that this shall supersede all prior Dog License fee schedules
established by the Town of Ulysses.