HomeMy WebLinkAbout2011 Index of ResolutionsContents
JANUARY 7, 2011 – ORGANIZATIONAL MEETING ..................... 6
*Board Meeting monthly schedule ......................................................................................... 6
*Monthly Claims Procedure ................................................................................................... 6
*Designate News Media ......................................................................................................... 8
*Distributing Monthly Minutes .............................................................................................. 8
*Mileage rate $.51 .................................................................................................................. 8
*Town Clerk’s Petty Cash ...................................................................................................... 8
*Crime Coverage Town Officials ........................................................................................... 9
*Lieu of Annual Financial Report .......................................................................................... 9
*Designation Depository ........................................................................................................ 9
*Annual Audit by Town Board............................................................................................... 9
*Procurement Policy (revised) ................................................................................................ 9
*Establishment of Appointed Offices and Salaries ................................................................ 9
* Establishment of Payroll Periods and Pay Rates for Elected and Appointed Officials and
Salaried and Part-time Hourly Employees ............................................................................ 11
*Salaries 2011 ....................................................................................................................... 11
*Hourly Employees/Time Cards........................................................................................... 12
*Town Board and Liaison Appointments ............................................................................. 12
*Contracts ............................................................................................................................. 13
*General Procedures and Policies ......................................................................................... 13
*Resolution Index System .................................................................................................... 14
* Prohibition against gifts by municipalities ........................................................................ 14
*Organizational Resolutions subject to Amendment ............................................................ 14
*Shared Highway Services Agreement ................................................................................ 14
*Surplus Computer Equipment Disposal .............................................................................. 14
*Executive Session ............................................................................................................... 15
JANUARY 11, 2011 ............................................................................ 15
*Approval of Claims/Minutes............................................................................................... 16
*Agreement for the Expenditure of Highway Moneys ......................................................... 16
*2010 Year-end Budget Modifications ................................................................................. 16
*Request for Re-zoning Merits Further Consideration ......................................................... 17
*Executive Session ............................................................................................................... 18
Special Town Board January 25, 2011 ................................................ 18
*Authorize Supervisor Marino To Sign the 2011 Fire/EMS Contract ............................ 18
*Re-appoint Barbara Bristow Zoning Board of Appeals ................................................. 18
*Timeline Revisions of the 2007 Zoning Law .............................................................. 18
*“Professional Services”, Jonathan Kanter, AICP........................................................ 19
*Planning Board- Site Plan-1520 Trumansburg Road ................................................. 20
*Resolutions for the NYS Association of Towns annual meeting in February........ 20
*Insurance-only billing ..................................................................................................... 20
*Revise the Cleaning Contract.............................................................................................. 21
Regular Town Board February 8, 2011 ............................................... 21
*Year End 2010 Budget Modification .................................................................................. 21
*Approve the 2010 vouchers ................................................................................................ 22
*Approve Minutes ............................................................................................................... 22
*Appointment of Sarah Adams to the Ulysses Planning Board ........................................... 22
*Draft “Ulysses Ag and Farmlands Protection Plan” ........................................................... 22
*Procedure Review and Audit of the Monthly Claims ......................................................... 22
*Urging New York State to Significantly Cut the Unfunded Mandates that Cause Local
Property Tax Increases Before Imposing a Property Tax Cap ............................................. 23
*Executive Session ............................................................................................................... 25
Special Town Board 3/1/2011 .............................................................. 25
*Planning Board request to review the High Impact Industrial (HII) and Office, Technology
and Mixed Use (OTM) Zoning Law ..................................................................................... 25
Regular Town Board 3/08/2011 ........................................................... 26
*Monthly Vouchers/Minutes ................................................................................................ 26
*REQUESTING NEW YORK STATE TO MAINTAIN FUNDING STREAMS FOR
YOUTH BUREAU AND FURTHER URGING ELIMINATION OF COMPETITIVE BID
FUNDING............................................................................................................................. 26
SEQR ACTION: TYPE II-20 .................................................................................................... 28
Special Town Board 3/16/2011 ............................................................ 28
*Potential Conflict of Interest of Some Members of the Planning Board ............................ 28
Special Town Board 3/22/2011 ............................................................ 28
*Potential Conflict of Interest of Some Members of the Planning Board ............................ 28
*Resolution to Set High Impact Industrial (HII) And Mixed Use Office and Technology
(MUOT) Zoning Law Changes as a Top Priority ................................................................ 29
*Executive Session ............................................................................................................... 29
*Introduced Local Law #1 for 2011 entitled “A Local Law to Establish the Position of
Second Deputy Supervisor” .................................................................................................. 30
Regular Town Board Meeting 4/12/2011 ............................................ 30
*Vouchers/ Minutes .............................................................................................................. 30
*Second Deputy Supervisor ............................................................................................... 30
*Budget Modifications.......................................................................................................... 31
*Adjourn to a Closed Session ............................................................................................... 32
Special Town Board Meeting 4/27/2011 ............................................. 32
*Bid from LaBella Associates .............................................................................................. 32
*Certify the final adoption of Local Law #1 2011 ............................................................... 32
Regular Town Board Meeting 5/10/2011 ............................................ 32
*Vouchers/ Minutes .............................................................................................................. 32
*Job description for the Environmental Planner ................................................................... 33
*Confidentiality and Joint Protection agreement .................................................................. 33
*Resolution Asking the New York State Department of Environmental Conservation to
Establish a Minimum 90-Day Comment Period for the Supplemental Generic
Environmental Impact Statement on Oil, Gas, and Solution Mining Regulations for Shale
Gas Drilling ........................................................................................................................... 33
Special Town Board Meeting 5/18/2011 ............................................. 34
*Minutes ............................................................................................................................... 34
*Modifies the 2011 budget/ Stream Research ...................................................................... 34
*Modify/ Salary for the Baseball Director............................................................................ 35
Special Town Board Meeting 5/24/2011 ............................................. 35
No Resolutions passed .......................................................................................................... 35
Regular Town Board Meeting 6/14/2011 ............................................ 35
*Vouchers/Minutes ............................................................................................................... 35
*RESOLUTION OF THE ULYSSES TOWN BOARD FOR A PUBLIC HEARING ON
LOCAL LAW NO. 2 OF 2011, AMENDING THE TOWN OF ULYSSES ZONING LAW
............................................................................................................................................... 35
*Three (3) minute limitation for public comments ............................................................... 36
Regular Town Board Meeting 7/12/2011 ............................................ 36
*Voucher/Minutes................................................................................................................. 36
*Supervisor Roxanne Marino manage and complete hiring procedures for the position of
Environmental Planner.......................................................................................................... 36
*Retirement Alex Rachun ..................................................................................................... 36
*Appoints Alex Rachun to perform the duties of building inspector as an Enforcement
Officer ................................................................................................................................... 36
*Executive Session ............................................................................................................... 37
*Termination notice/Cleaning Contract ................................................................................ 37
Special Town Board Meeting 7/26/2011 ............................................. 37
Re-accepting Alex Rachun’s Retirement and Re-appointing Part-time Enforcement Officer
............................................................................................................................................... 37
Minutes Regular Town Board Meeting 7/12/2011 ............................................................... 39
Regular Town Board Meeting 8/10/21 ................................................ 39
*Budget Modifications.......................................................................................................... 39
*Approval of Claims/Minutes .............................................................. 39
*SEQR For Zoning Law Amendment ................................................. 39
*Zoning Law Amendment Related To Gas Drilling ........................... 42
*Resolution on Water Issue With Town of Ithaca ............................... 56
Special Town Board Meeting 8/25/2011 ............................................. 57
*Approval of Minutes ........................................................................................................... 57
*2011 MS4 Annual Report for Stormwater .......................................................................... 57
* Approve the Cleaning Contract to hire Melanie Steverson ............................................... 57
Special Town Board Meeting 9/08/2011 ............................................. 57
*Approve the Purchase of the 2000 Volvo ........................................................................... 57
*Resolution To Resolve Provision Of Emergency Management Services With The
Village Of Trumansburg For The Year 2012 ....................................................................... 57
Regular Town Board Meeting 9/11/2011 ............................................ 60
*Approval of Claims/Minutes............................................................................................... 61
*Resolution Supporting A County-Wide Survey Of Residents About Broadband Internet61
*Introduction of: A Local Law To Override Tax Levy Limit Established In General
Municipal Law §3-C ............................................................................................................. 61
Special Town Board Meeting 9/15/2011 ............................................. 62
*Presentation of Lakeshore Zoning ...................................................................................... 62
Public Hearing 9/27/2011 ..................................................................... 62
Special Town Board Meeting 9/27/2011 ............................................. 62
* A Local Law # 3 Of 2011 To Override The Tax Levy Limit Established In General
Municipal Law §3-C ............................................................................................................. 62
*Employees Contributing To Dental Insurance %50 ........................................................... 63
*Employees Contributing To Health Insurance 5% ............................................................. 63
*No Pay Increases For Elected Officials .............................................................................. 63
SPECIAL TOWN BOARD MEETING OCTOBER 3, 2011 ............. 64
*Pay Increases ....................................................................................................................... 64
REGULAR TOWN BOARD MEETING OCTOBER 10, 2011 ......... 64
*Budget Modifications 2011 Budget .................................................................................... 64
*Claims / Minutes ................................................................................................................. 64
*Contribution TCCOG sponsored DEC hearing .................................................................. 64
*Pay Increases/lump sum payment towards insurance ......................................................... 64
*Tentative Budget to Preliminary Budget ............................................................................ 65
*Resolution to Retract Drilling Regulations ......................................................................... 65
SPECIAL TOWN BOARD MEETING OCTOBER 25. 2011 ........... 65
*Alter 2012 Budget Cayuga Lake Scenic Byway ................................................................. 65
*Executive session ................................................................................................................ 66
*Engage firm for Amicus Brief ............................................................................................ 66
SPECIAL TOWN BOARD MEETING NOVEMBER 3, 2011 .......... 66
*Adoption of 2012 Budget.................................................................................................... 66
SPECIAL TOWN BOARD MEETING NOVEMBER 8, 2011 .......... 66
*Amicus Curiae Brief ........................................................................................................... 66
REGULAR TOWN BOARD MEETING NOVEMBER 16, 2011 ..... 67
*Budget Modifications for 2011 ........................................................................................... 67
*Claims / Minutes ................................................................................................................. 67
*Appointment to EMC .......................................................................................................... 68
*Winterfest Contribution ...................................................................................................... 68
*Executive Session ............................................................................................................... 68
SPECIAL TOWN BOARD MEETING DECEMBER 5, 2011 .......... 68
*Holiday Gathering ............................................................................................................... 68
*Reject EMS Service from Village of Trumansburg ............................................................ 68
REGULAR TOWN BOARD MEETING DECEMBER 13, 2011 ...... 68
**2011 Budget Modifications ............................................................................................... 68
**Approving Claims/Minutes ............................................................................................... 70
**EMS / Fire Agreement 2012 ............................................................................................. 70
**Town of Ithaca Water Agreement Amendment ................................................................ 70
PUBLIC HEARING / SPECIAL TOWN BOARD MEETING
DECEMBER 19, 2011 ......................................................................... 72
**Fire & Rescue Squad Protection agreement with Village of Trumansburg ...................... 72
***Comments/Cover letter on HVHF Regulations .............................................................. 72
** Comments/Cover letter on SGEIS ................................................................................... 72
**Excepting quotes for Insurance ......................................................................................... 73
**Solar Lease Program ......................................................................................................... 73
***Appointments Planning Board/Zoning Board ................................................................ 73
***Pre-tax Medical Benefits Package (125 Plan) ................................................................ 73
JANUARY 7, 2011 – ORGANIZATIONAL MEETING
*Board Meeting monthly schedule
BE IT RESOLVED, the Regular Monthly Board meetings of the Ulysses Town Board
will be held on the second Tuesday of each month at 7:00 p.m. at the Ulysses Town Hall
at 10 Elm Street, Trumansburg, NY. A monthly working meeting will be held on the 4th
Tuesday of each month at 7:00 p.m.
*Monthly Claims Procedure
BE IT RESOLVED, the Town Board will use the following procedure for review and
audit of the monthly claims before presentation for Board approval at the Regular
Monthly Meeting of the Ulysses Town Board:
1. Invoices are received in the Town Clerk's Office, through the mail, electronically, or
personally delivered.
2. Town Clerk obtains approval of the expense, which is evidenced on the invoice with
the initials or signature of the department head or person who gave rise to the claim. The
Town Clerk or the department head also indicates on the invoice the general ledger
account that should be charged for the expense and checks that each invoice is properly
itemized, mathematically accurate, and contains sufficient detail to ensure that the Board
members auditing the claim can determine whether the proposed payment is proper and
just.
3. Town Clerk gives invoices to the Bookkeeper who inputs the invoices into the
accounting software and produces a listing of all vouchers (Abstract of Vouchers) for
Town Board approval at the Regular Monthly meeting. The Bookkeeper keeps an
updated file of claims to be audited before the meeting, which the Town Board members
can access. All claims to be submitted for approval by Board vote at the Regular Meeting
shall if at all possible be processed and in the file of claims by the end of the day on the
Thursday before the Regular Meeting.
4. In addition to the Supervisor, a sub-committee of 2 Town Board members will audit
the vouchers on behalf of the full Board. Any other Town Board members who wish to
audit the claims are welcome to do so as well. The sub-committee will rotate membership
every 6 months as appointed by the Supervisor. Each sub-committee member will initial
each invoice after review.
5. Audit by the Town Board does not have to happen all at once. Invoices will be entered
throughout the month and can be approved periodically throughout the month. All claims
shall be audited as in (4) above by 9:00 a.m. on the day of the Regular Board meeting.
6. The Bookkeeper produces a final Abstract of Vouchers the day of the Town Board
meeting, after audit of claims is completed. The Town Clerk will review the Abstract of
Vouchers for accuracy against the claims, and initial it as such before presentation to the
Town Board at the Regular meeting.
7. After Town Board votes to approve payment of the claims, the Town Clerk signs the
Abstract of Vouchers and the Bookkeeper cuts checks.
8. Supervisor signs checks.
9. Invoices are then filed by vendor, most recent payment in front of the file.
All claims must be approved for payment by the Town Board except for: (1) fixed
salaries or compensation for services of offices or employees regularly engaged at agreed
wages by the hour, day, week, or year; (2) principal or interest on indebtedness; (3)
amounts becoming due on lawful contracts for periods exceeding one year; (4) certain
welfare payments (Town Law 125 & Social Services Law 86); (5) payments made
pursuant to a court order; (6) mandatory payments to the State Comptroller for
retirement.
FURTHER RESOLVED that the Town Board authorizes the Supervisor to pay in
advance of audit of claims for utilities, postage, and approved contractual agreements
which if delayed may result in loss of discounts, the accrual of service charges, or
cancellation of service. All such claims shall be presented at the next regular meeting, as
per Town Law section 118.
*Designate News Media
BE IT RESOLVED the designated news media is advised of the foregoing schedule and
meeting notices will be posted, in accordance with the Open Meetings Law, on the Town
Clerk’s bulletin board and the Town Website.
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.
*Distributing Monthly Minutes
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 Town Clerk’s Bulletin Board
and on the Town of Ulysses Website within 4 days of approval by the Town Board. In
accordance with the Open Meetings Law, draft meeting minutes, clearly labeled with the
date and “DRAFT, not yet approved” will be available through the Town Clerk’s Office
and distributed to Town Board members for review within 14 days of the date of the
meeting.
*Mileage rate $.51
BE IT RESOLVED mileage at a rate of $0.51 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 form provided by the Town Clerk.
*Town Clerk’s Petty Cash
BE IT RESOLVED that the Town Clerk’s petty cash fund of $150 is extended for the
year 2011.
*Crime Coverage Town Officials
BE IT RESOLVED that the following crime coverage for Town officials, appointees
and employees is hereby approved: $250,000 for public employee dishonesty; $100,000
for forgery and alterations; excess crime coverage for the Supervisor at $450,000, the
Town Clerk at $115,000 and the Town Court at $5,000.
*Lieu of Annual Financial Report
BE IT RESOLVED in lieu of the annual financial report required by Town Law Section
29(10), the Supervisor is hereby authorized to submit to the Town Clerk within 60 days
after the close of the fiscal year a copy of his/her 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.
*Designation Depository
BE IT RESOLVED the Tompkins 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.
*Annual Audit by Town Board
BE IT RESOLVED that the Town Board of the Town of Ulysses will do the Annual
Audit of the books for each department on February 4, 2011.
*Procurement Policy (revised)
WHEREAS the Town of Ulysses reviewed and revised the Procurement Policy on
November 17, 2010, BE IT RESOLVED that the Town Procurement policy as adopted
on November 17, 2010 is the guidance document for 2011 purchases. The Town Clerk
will distribute the Procurement Policy to all department heads and Town Board members.
*Establishment of Appointed Offices and Salaries
BE IT RESOLVED that the Supervisor is authorized to appoint a Town Bookkeeper, with an
annual salary of $18,406 as set by the Town Board for 2011. 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 2011. 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 $5,050. 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 2011 at an annual salary of $28,687.
FURTHER RESOLVED Further resolved that the responsibilities of this office are to assist the
Town Clerk in carrying out the administrative responsibilities of the office including those
related to records management and tax collection, and to act for and in place of the Clerk during
her / his absence. Details of the Deputy Clerk job description are set and revised by resolution of
the Town Board and are outlined in Section I (Elected Officials and their Appointments) of the
Town Manual of Position Descriptions. In accordance with Town Law, the Town Clerk appoints
the Deputy Town Clerk. The Town Clerk shall appoint a Deputy Town Clerk by January 10,
2011, and notify the Supervisor as such, in order for the appointment to be reflected in the first
payroll of 2011.
BE IT RESOLVED that the Town Board has established the office of Deputy Highway
Superintendent, to continue in 2011 at an hourly pay rate of $20.47. 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 10, 2011, and notify the Supervisor as such, in order for the appointment to be
reflected in the first payroll of 2011.
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 $31,594
for 2011. 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 10, 2011, and notify the Supervisor as such, in order for the
appointment to be reflected in the first payroll of 2011.
BE IT RESOLVED that the Town Board has established the position of Water Distribution and
Maintenance Operator, 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 Manual of Position Descriptions (Section II, Employees and Appointments by the
Town Board). The 2011 annual salary for the Water Superintendent is $14,500. The Town
Board appoints Doug Austic as Water Superintendent for the 2011 calendar year.
* Establishment of Payroll Periods and Pay Rates for Elected and Appointed Officials
and Salaried and Part-time Hourly Employees
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, Administrative, and Support staff, Water
Department staff
Monthly: Councilpersons, Supervisor
Annually: Historian
Voucher: contractual workers and all others not listed above
*Salaries 2011
BE IT RESOLVED that the Town Board hereby establishes the following salaries for 2011:
Position
budgeted salary hourly rate if applicable
Supervisor
$15,302
Councilperson
$ 4,036
Highway Superintendent
$56,165
Town Clerk
$59,579
Town Justice
$15,487
Bookkeeper
$18,406
Deputy Supervisor
$ 5,050
Deputy Town Clerk $28,687
Court Clerk $31,594
Deputy Highway Superintendent multiple budget lines $20.47
Highway Machine Equipment Operators
Laborer
multiple budget lines
multiple budget lines
$15.50 - $17.77
$12.53
Code Enforcement Officer $28,993
Zoning Officer $21,987
Planning and Zoning Clerk $ 5,050 $15.92
Code / Fire Enforcement Officer $6,060 $18.50 - $20.50
Water Distribution & Maintenance
Operator
$14,500
Water District Laborer $4,254 $14.58 - $18.26
Historian $ 1,500
*Hourly Employees/Time Cards
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 report time used for vacation, sick time, holiday or other
time off on a time card to maintain accurate records of benefit time used. No pay will be issued
without a signed time card.
*Town Board and Liaison Appointments
The Supervisor proposes the following Town Board liaison appointments:
Highway Department Dave Kerness
Trumansburg Village Board of Trustees Liz Thomas
Personnel Lucia Tyler
Health Insurance Consortium Board Lucia Tyler
Planning Board and BZA David Kerness
Fire Department Kevin Romer
County and other Emergency Management Kevin Romer
Town Court Dave Kerness
Trumansburg Ulysses Youth Commission Liz Thomas/Roxanne Marino
Ag & Farmland Protection Comm. Liz Thomas
Resolution 21: BE IT RESOLVED that the Town Board makes the following appointments:
A. Code Enforcement Officer Alex Rachun
B. Code / Fire Enforcement Officer William Baker
C. Planning Board Chairperson Ken Zeserson
D. Planning Board Member - 2011 to 2018 term Peter Fry
E. Board of Zoning Appeals Chairperson George Tselekis
F. Board of Zoning Appeals Member - 2011 to 2016 term B. Bristow? (checking, term
ended)
G. Clerk for Planning Board and Board of Zoning Appeals
Robin Carlisle-Peck
H. Board of Assessment Review Dick Coogan, David Means
I. TC Environmental Management Council (EMC) Lucia Tyler
J. TC Water Resources Council No municipal position open 2011
K. Tompkins County Stormwater Coalition Sue Poelvoorde
L. County Youth Bureau Representative vacant
M. Trumansburg Ulysses Youth Commission Reps Deb Austic
Michel Vonderweidt (checking)
N. Recreation Partnership representative vacant
O. Tompkins County Youth Services Board vacant
P. Ithaca/Tompkins County Transportation
Council Planning Committee
Sue Poelvoorde
Q. Ithaca/Tompkins County Transportation
Council Policy Committee
Sue Poelvoorde (for Supervisor)
R. TC Fire, Disaster, and EMS Advisory Board Kevin Romer
S. TC Council of Governments R. Marino/ L. Thomas alternate
T. Tompkins County Area Development Dave Kerness
U. Fair Board liaison Kevin Romer
V. Historian Nancy Dean
W. Agriculture and Farmland Protection Plan Committee
Chairperson
John Wertis
X. Lakeshore Zoning Committee Chairperson Don Smith
Y. Water District Advisory Board Chairperson Diane Hillman
Z. Tompkins Co. Animal Control Roxanne Marino
*Contracts
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 2011 Addendum to Retainer Agreement which sets hourly
fees for billing at $165 (Attorney) and $105 (Paralegals) is adopted. All other provisions of the
2009 Retainer Agreement shall remain in full force and effect.
*General Procedures and Policies
BE IT RESOLVED that the Town of Ulysses has adopted 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 have a topic on the agenda of a
Regular Town Board Meeting 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 advise the Town Clerk of the special requirements at least one week prior to the meeting.
(ADA)
*Resolution Index System
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.
* Prohibition against gifts by municipalities
BE IT RESOLVED that in accordance with the New York State Constitutional prohibition
against gifts by municipalities as described in Article III, Section 1, the Town of Ulysses will not
give bonuses, donations, or other gifts of recognition for service (retirement, annual appreciation,
or otherwise) to any organizations, volunteers, or other individuals in the employment of the
Town or otherwise providing service to the Town or the community. The Town may, however,
hold recognition events and provide refreshments.
*Organizational Resolutions subject to Amendment
BE IT RESOLVED that any and all of these Organizational Resolutions be and remain subject
to amendment throughout the year by the Town Board.
*Shared Highway Services Agreement
WHEREAS, Highway Law #142-d allows co-operative agreements for highway services and
sharing of labor, equipment and supplies; and
WHEREAS, General Municipal Law Article 5-G allows and encourages municipal co-
operations, by joint or contract basis, performance of powers and duties among themselves; and
WHEREAS, it is deemed beneficial to the Town of Ulysses to allow for shared highway
agreements of equipment and services with other nearby municipal highway departments;
NOW THEREFORE BE IT RESOLVED that the Ulysses Town Board authorizes the Town
Supervisor pursuant to Highway Law #283 to enter into agreements for shared services and
equipment with other municipalities and authorize, within existing budget constraints, the
Town’s Highway Superintendent pursuant to Highway Law #284 to take such action to
implement said agreements consistent with Town highway needs and availability, and maintain
sufficient liability coverage to protect the town in such joint efforts.
*Surplus Computer Equipment Disposal
Resolution to dispose of Town computer equipment of no value or not useable
BE IT RESOLVED that the computer and printer equipment items belonging to the Town of
Ulysses and listed in the table below are no longer of any use and have no retail value, and as
such can be disposed of. BE IT FURTHER RESOLVED that the Town’s information
technology consultant Jeff Burns is authorized to dispose of these items in as environmentally
responsible way as the availability of local options allows for.
*Executive Session
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.
JANUARY 11, 2011
*Approval of Claims/Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous
examined vouchers #526 through #560 in the amount of $44,079.24 for 2010 and
voucher # 1 through 16 in the amount of $8,095.58 for 2011.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes
of the Public Hearing dated 12/14/2010 and the Regular Town Board meeting of
12/14/2010 as corrected.
******
*Agreement for the Expenditure of Highway Moneys
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
“Agreement for the Expenditure of Highway Moneys” presented by Highway
Superintendent James Meeker.
******
*2010 Year-end Budget Modifications
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the
following 2010 Year-end budget modifications:
A Fund
Appropriation line 1010.1 Town Board PS increase $ 2.00
Appropriation line 1010.4 Town Board CE increase $ 165.66
Appropriation line 1110.1 Justice PS increase $ 0.02
Appropriation line 1111.1 Justice PS increase $ 0.02
Appropriation line 1221.1 Deputy Supervisor PS increase $ 214.60
Appropriation line 1410.1 Town Clerk PS increase $ 0.08
Appropriation line 1620.4 Buildings CE increase $ 2,544.50
Appropriation line 1650.4 Central Comm. CE increase $ 799.20
Appropriation line 1670.4 Central Print /Mail increase $ 1,824.65
Appropriation line 5010.1 Highway Super PS increase $ 0.46
Appropriation line 5132.4 Garage CE increase $ 637.02
Appropriation line 9055.8 Disability Insurance increase $ 183.00
Appropriation line 8810.4 Cemeteries CE decrease $ 800.00
Appropriation line 9010.8 State Retirement decrease $ 3,910.68
Appropriation line 3510.4 Dog Control CE decrease $ 917.97
Appropriation line 9030.8 Social Security decrease $ 400.61
Appropriation line 5132.2 Town Barn Capital decrease $ 341.95
B Fund
Appropriation line 3620.1 Safety Inspection PS increase $ 0.08
Appropriation line 8020.4 Planning CE increase $ 1,038.83
Appropriation line 9055.8 Disability Insurance increase $ 1.80
Appropriation line 8010.1 Zoning PS increase $ 0.02
Appropriation line 9030.8 Social Security decrease $ 1,040.73
DA Fund
Appropriation line 5130.1 Machinery PS increase $ 804.40
Appropriation line 9055.8 Disability Insurance increase $ 20.90
Appropriation line 9040.8 Workers Comp decrease $ 825.30
DB Fund
Appropriation line 5110.4 General Repairs CE increase $ 9,072.60
Appropriation line 9040.8 Workers Comp decrease $ 1,757.00
Appropriation line 9060.8 Medical Insurance decrease $ 2859.35
Appropriation line 5110.1 General Repairs PS decrease $ 440.10
Appropriation line 9010.8 State Retirement decrease $ 0.89
Appropriation line 9030.8 Social Security decrease $ 0.19
Appropriation line 9055.8 Disability Insurance decrease $ 25.30
_________________________________________________________________________
Revenue line DB599 App. Fund Balance increase $3,989.77
________________________________________________________________________
SW3
Appropriation line 8340.4 Trans / Distrib CE increase $ 965.97
Appropriation line 8310.1 Admin PS decrease $ 0.07
Appropriation line 8310.4 Admin CE decrease $ 67.43
Appropriation line 8311.1 Water Clerk PS decrease $ 0.68
Appropriation line 8340.1 Trans / Distrib PS decrease $ 62.64
Appropriation line 8340.2 Trans / Distrib EQ decrease $ 289.59
Appropriation line 9030.8 Social Security decrease $ 30.87
Appropriation line 9040.8 Workers Comp decrease $ 200.00
Revenue line SW3 599 App. Fund Balance increase $ 314.64
________________________________________________________________________
SW4
Appropriation line 8310.1 Admin PS increase $ 0.21
Appropriation line 9030.8 Social Security increase $ 0.22
Appropriation line 8310.4 Admin CE decrease $ 0.43
*Request for Re-zoning Merits Further Consideration
BE IT RESOLVED that the request for re-zoning merits further consideration
and the Town Board is directing the applicant to proceed with a Sketch Plan
Conference and then proceed with a full Site Plan review with the Planning Board.
******
*Executive Session
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.
******
Special Town Board January 25, 2011
*Authorize Supervisor Marino To Sign the 2011 Fire/EMS Contract
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor
Marino to sign the 2011 Fire/EMS Contract with the Village of Trumansburg in the
amount of $378,938.53.
******
*Re-appoint Barbara Bristow Zoning Board of Appeals
BE IT RESOLVED that the Town Board of the Town of Ulysses re-appoint Barbara
Bristow to serve another five (5) year term on the Zoning Board of Appeals.
******
*Timeline Revisions of the 2007 Zoning Law
BE IT RESOLVED that the Town Board of the Town of Ulysses accept the
proposed timeline to use as a work plan to move forward with the revisions of
the 2007 Zoning Law as follows:
*“Professional Services”, Jonathan Kanter, AICP
BE IT RESOLVED that the Town Board of the Town of Ulysses approves to
enter into an agreement for “Professional Services”, as outlined in Draft
agreement provided by Jonathan Kanter, AICP, dated 1/19/2011, with
Jonathan Kanter, and
Further Resolved that the term of this Agreement shall be from January 31,
2011, through December 31, 2011, and the pay for the services rendered at a
rate of $25.00 per hour and not to exceed $2,000 unless otherwise authorized
by the Town of Ulysses Town Board.
******
*Planning Board- Site Plan-1520 Trumansburg Road
BE IT RESOLVED that the Town Board directs the Planning Board to review
the Site Plan provided by the applicant as part of the request for re-zoning of
the parcel at 1520 Trumansburg Road from Business to Light Industry, and
make a recommendation to the Town Board that includes specific reasons in
support of the recommendation. In reviewing the Site Plan, the Planning
Board shall consider how the proposed project fits with Article 1.1 of the Town
of Ulysses Zoning Law (Purpose) as well as any review criteria under Article
3.4.5 as they deem appropriate and necessary to make a recommendation on
the re-zoning request.
FURTHER RESOLVED that the Town Board will make a decision on
whether or not to approve the re-zoning request after reviewing the
recommendation from the Planning Board. If the request for re-zoning is
approved, the Planning Board would next complete all aspects of a Site Plan
Review as per the Town of Ulysses Zoning Law Article III.
******
*Resolutions for the NYS Association of Towns annual meeting in February.
BE IT RESOLVED that the Town Board of the Town of Ulysses instruct our
delegate Ms. Tyler to cast a vote of yes for resolutions 1 through 10 and abstain
on resolution #11.
******
*Insurance-only billing
WHEREAS, the Town of Ulysses has received two legal opinions from their
Attorney dated October 11, 2010 and November 09, 2010 on the advisability of
insurance only billing,
THEREFORE BE IT RESOLVED the Town of Ulysses Town Board does not
support any plan involving insurance-only billing at this time.
******
*Revise the Cleaning Contract
BE IT RESOLVED that the Town Board of the Town of Ulysses revise the
Cleaning Contract by:
Add under Task #1 that the bathrooms be cleaned twice a week; once on the
weekend and an additional time on the Wednesday following court.
Add that the time spent cleaning shall be approximately 8 hours per week.
******
Regular Town Board February 8, 2011
*Year End 2010 Budget Modification
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
following YE 2010 Budget Modification:
A Fund
1111.1 Justice PS increase $ .02
1460.4 Records Management increase $ 1,314.34
1920.4 Municipal Dues increase $ 250.00
9060.8 Medical Ins. increase $ 5,112.95
7550.4 Celebrations increase $ 1,167.67
______________________________________________________
1220.4 Supervisor CE decrease $ 4,284.77
1450.4 Elections CE decrease $ 2,392.54
1110.4 Justices CE decrease $1,167.67
B Fund
9060.8 Medical Ins. increase $ 1,372.92
8010.1 Zoning CE increase $ 236.61
______________________________________________________
8011.1 Deputy Zoning PS decrease $ 1,619.53
DA Fund
9060.8 Medical Ins. increase $ 1,162.81
______________________________________________________
5142.4 Snow Removal decrease $ 1,162.81
DB Fund
9060.8 Medical Ins increase $ 4,020.15
______________________________________________________
Revenue DB 599 decrease $ 4,020.15
******
*Approve the 2010 vouchers
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the 2010
vouchers in the amount of $4,700 and voucher #’s 16 through 71 in the amount of
$38,052.50 (2011).
******
*Approve Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approve minutes
for the Organizational Meeting 1/7/2011, Regular TB Meeting 1/11/2011, Special
TB Meeting 2/25/2011, and the Public Hearing 2/25/2011 as edited and corrected.
******
*Appointment of Sarah Adams to the Ulysses Planning Board
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
appointment of Sarah Adams to the Ulysses Planning Board.
******
*Draft “Ulysses Ag and Farmlands Protection Plan”
BE IT RESOLVED that the Town Board of the Town of Ulysses submits the
February 3, 2011 draft “Ulysses Ag and Farmlands Protection Plan” to the
Tompkins County Agricultural and Farmland Protection Board for their review and
comments.
******
*Procedure Review and Audit of the Monthly Claims
Whereas on January 7, 2011, the Town Board approved the attached procedure
(Resolution 2 of 2011) for review and audit of the monthly claims before
presentation for Board approval at the regular monthly meeting, to begin in
February 2011, and
Whereas the above procedure needs small modifications for clarity,
BE IT RESOLVED that step #1 be modified to add the following: “The Clerk will
attach a printed coversheet to each claim, with spaces delineated for the account
number to be charged, all of the required initials, and additional detail as may be
necessary (see #2, #4).”
BE IT FURTHER RESOLVED that step #9 of the procedure be modified to the
following: “Files by vendor will be created and maintained by the Clerk’s office.”
******
*Urging New York State to Significantly Cut the Unfunded Mandates that Cause Local
Property Tax Increases Before Imposing a Property Tax Cap
WHEREAS, New York property taxes are nearly eighty percent (80%) above the
national average, and
WHEREAS, New York municipal leaders have long recognized the need for lower
property taxes and have been strong advocates in support of lowering the local
property tax burden for decades, and
WHEREAS, Governor Cuomo and many State Legislators support a cap on local
property tax levies of two percent (2%) or the rate of inflation, whichever is less,
but the current property tax cap proposals do not reduce or eliminate current State
mandates on local governments or prevent new mandates which often result in
increased expenses to local governments, and
WHEREAS, the State government is imposing the property tax cap, however the
State government runs primarily on income tax collections, not property tax, and an
income tax cap is not being proposed. It is local governments that rely in large part
on property tax, yet the ultimate mandate of a property tax cap is being proposed at
the state level where their budget will feel little impact from the cap, and
WHEREAS, a simple property tax cap will leave in place the inequities of New
York’s system, which relies on the regressive property tax to pay for public schools,
health care for the poor, and other safety net programs rather than fund these
program through income taxes, and
WHEREAS, arbitrarily capping property taxes would cripple local governments
within a few short years, because all non-mandated spending such as for recreation,
youth development, programs for the aging, libraries, etc. would slowly be
eliminated to meet the cap, and
WHEREAS, little action has been taken by New York State to decrease or control
the costs of unfunded State mandates, which have been driving up local property
tax levels for decades, and
WHEREAS, capping property taxes without mandate relief will affect county and
school budgets more significantly than town or village budgets but county programs
and school districts service local municipalities and those services are likely to be
seriously eroded without mandate relief, and
WHEREAS, counties have no choice over how to spend most of their locally raised
revenues, as mandates from Albany and state-determined pension costs make up as
much as ninety percent (90%) of a typical county budget, and
WHEREAS, in addition to State Mandated pensions the major cost drivers of local
property taxes are other unfunded and underfunded state mandates, such as
Medicaid, early intervention services, pre-school special education, public
assistance, child welfare, youth detention, probation, and indigent defense, along
with numerous other programs, such as storm water regulations and code
enforcement, and
WHEREAS, these mandated costs grow well in excess of the rate of inflation nearly
every year, including for example:
• County payments by all local governments to the New York State Retirement
System are expected to rise forty percent (40%) in 2011 and by a similar amount in
2012, and have grown by over one-thousand percent (1,000%) since the year 2000,
due to generous benefit expansions determined and mandated by the State
Legislature and Governor.
• Since 2005, the local share of Medicaid costs has increased at least three percent
(3%) each year and sometimes by double-digit annual increases in the years prior to
2005.
• The State continued to shift its costs to counties in the 2009-2010 and 2010-
2011 State budgets by more than $400 million in human service delivery alone, and
WHEREAS, school districts are facing cuts in state foundation aid as well as a cap
in the amount of local revenue that can be raised to fill the gaps created by those
cuts. As proposed the tax cap will destroy the ability of many districts to meet the
needs of children, and
WHEREAS, school district budgets are passed by public referendum of those who
reside within its boundaries, a powerful tool for local citizens that would be greatly
diminished by an artificial cap imposed by another government body, and
WHEREAS, the cap will leave in place the inequities among school districts
because it does nothing to level the playing field between wealthy and poorer
districts, and because the wealthier districts will be more likely to override the cap.
The property tax cap, especially coupled with state aid cuts, will disproportionately
hurt lower-income New Yorkers and widen the gap between rich and poor in New
York State, and
WHEREAS, simply capping property taxes does nothing to reduce the costs of
these and many other State services that local municipalities must pay for and implement
at the local level; in fact a property tax cap preserves the unjust system of taxation,
where local taxes pay for state programs, and
WHEREAS, the Governor’s property tax cap proposal allows local boards to
override the cap with a two-thirds majority vote, thereby not only shifting costs to
local governments, but also unfairly shifting blame to local leaders for tax increases
that are actually caused by the State, now therefore be it
RESOLVED, That the Tompkins County Council of Governments (TCCOG),
which includes all municipalities in Tompkins County, urges New York State to
take fiscal responsibility for services over which it has decision-making authority,
rather than require local governments to pay for its decisions; this will in turn
reduce the property tax burden and not preserve the status quo,
RESOLVED, that the Town of Ulysses is opposed to the property tax cap without
mandate relief,
RESOLVED, further, that the Town of Ulysses stands with the Tompkins County
Council of Governments to urge the Governor and State Legislature not to impose a
local property tax cap unless and until it is coupled with significant cuts in local
costs for State mandated programs that cause local property tax increases, or
development of aid formulas and Home Rule Legislation authority to ease the
burdens borne by local governments
RESOLVED, further, that copies of this resolution be sent to Governor Cuomo,
Assembly Speaker Sheldon Silver, Assembly Minority Leader Brian Kolb, State
Senate Leader Dean Skelos, Senate Minority Leader John Sampson, State Senators
Thomas O’Mara, James Seward, Michael Nozzolio, and Jeffrey Klein,
Assemblywoman Barbara Lifton, the New York Association of Counties, the New
York State Association of Towns, and the New York State Conference of Mayors.
******
*Executive Session
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.
******
Special Town Board 3/1/2011
*Planning Board request to review the High Impact Industrial (HII) and Office, Technology
and Mixed Use (OTM) Zoning Law
Whereas the Planning Board is an integral part of the town’s zoning reviews and,
Whereas the Planning Board has actively developed zoning laws and,
Whereas the Planning Board has the experience and expertise,
Be it resolved the Planning Board be requested to review the recommended
“High Impact Industrial (HII) and Office, Technology and Mixed Use (OTM) Zoning
Law” and
Complete a detail review by individual sections (4.2, 14, 17.11, and 22), recommended
vs. existing zoning laws and;
Identify ads and deletes for the recommended document, with a brief rational for the
changes and complete by 3/21/2011.
Also, be it resolved the Town Board members prepare questions (if they have any) and
provide them to Ken Zeserson by 3/14/2011.
******
Regular Town Board 3/08/2011
*Monthly Vouchers/Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approves
voucher # 72 through 122 in the amount of $42,863.73.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the edited
minutes of February 8, 2011, for the Regular Town Board meeting.
******
*REQUESTING NEW YORK STATE TO MAINTAIN FUNDING STREAMS FOR YOUTH
BUREAU AND FURTHER URGING ELIMINATION OF COMPETITIVE BID FUNDING
WHEREAS, Governor Cuomo has submitted his proposed 2011-2012 Executive
Budget recommending the development of a Primary Prevention Incentive
Program (PPIP), and
WHEREAS, this proposal actually slashes the current allocation of funding for
Youth Development and Delinquency Prevention (YDDP), Special Delinquency
Prevention Program (SDPP), and Runaway and Homeless Youth Act (RHYA), by
50%, and
WHEREAS, this proposal eliminates these funding streams and offers the
distribution of funds on a competitive basis to counties, resulting in the
elimination of funding to many rural counties, thereby promoting inequities in
prevention and positive youth development services across New York State, and
WHEREAS, the proposed competitive bidding process will also resu lt in a loss of
local planning and control, and
WHEREAS, the aforementioned proposal will dismantle the current youth bureau
system, structure and funding streams, and will be especially detrimental to all
municipal youth bureaus, and
WHEREAS, current youth development and prevention services are provided
through a fair and equitable formula-driven allocation through the New York State
Office of Children and Family Services, and
WHEREAS, the current funding through youth bureaus structures ensure
appropriate local monitoring, evaluation and accountability, and
WHEREAS, youth development, prevention and intervention are essential for
critical services to children and youth, and
WHEREAS, if adopted, this portion of the Executive Budget would result in the
minimal loss of over $200,000 of youth services dollars for Tompkins County,
and
WHEREAS, if adopted, New York State will be abandoning its long-time national
leadership and partnership in youth prevention, intervention and development
services, as articulated in Article 19-A of the Executive Law, and
WHEREAS, the Town of Ulysses believes that providing services and programs
for children and youth is an investment, not only in delinquency prevention, but
also in the development of all our young people, in a ll ways thus enriching our
society and nation as a whole, and
RESOLVED, on recommendation of the Health and Human Services Committee,
the Town of Ulysses hereby requests Governor Cuomo and the New York State
Legislature maintain the current youth bureau funding streams, albeit with
proportionate reductions, and eliminate the concept of competitive bid
funding,
RESOLVED, further, That Governor Cuomo and the New York State Legislature
be directed to uphold Article 19-A of the Executive Law and to maintain the
current youth bureau system and structure which is in the best interest of the
26,000 children and youth of Tompkins County and of the children and youth of
New York State as a whole,
RESOLVED, further, That the Clerk of the Legislature is hereby d irected to
forward a certified copy of this resolution to Governor Cuomo, Assembly Speaker
Silver, Senate Majority Leader Skelos, Chair Senate Children and Families
Committee Senator Savino, Chair Assembly Children and Families Committee
Assembly Member Paulin, Senator O'Mara, Senator Nozzolio, Assembly Member
Lifton, and the New York State Association of Counties.
SEQR ACTION: TYPE II-20
******
Special Town Board 3/16/2011
*Potential Conflict of Interest of Some Members of the Planning Board
In light of the ongoing research by the Town Attorney on the question of
potential conflict of interest of some members of the Planning Board as
related to Phase 1 zoning changes as outlined in the Town Board resolution
adopted Jan. 25, 2011;
The Town Board hereby instructs the Planning Board not to review or
discuss any portion of the Community Environmental Defense Council
document presented to the Town Board on February 8, 2011, beyond page
20, or that addresses any aspect of high-impact industrial zoning.
This action amends the Town Board resolution adopted March 1, 2011,
entitled “Planning Board request to review high-impact industrial and office
technology & mixed-use zoning law”.
******
Special Town Board 3/22/2011
*Potential Conflict of Interest of Some Members of the Planning Board
In light of the ongoing research by the Town Attorney on the question of
potential conflict of interest of some members of the Planning Board as
related to phase 1 zoning changes as outlined in the Town Board resolution
adopted Jan. 25, 2011;
The Town Board hereby instructs the Planning Board not to review or discuss
any portion of the CEDC document presented to the Town Board on Feb. 8,
2011, beyond page 20, or that addresses any aspect of high impact industrial
zoning.
This action amends the Town Board resolution adopted March 1, 2011
entitled “Planning Board request to review high impact industrial and office
technology & mixed use zoning law”.
******
*Resolution to Set High Impact Industrial (HII) And Mixed Use Office and
Technology (MUOT) Zoning Law Changes as a Top Priority
WHEREAS at the January 25th meeting, the Ulysses Town Board passed a
resolution titled Time Line for Revisions of the 2007 Zoning Law which
outlines a three-phase plan for considering the many proposed changes to the
Town’s current zoning laws in order to bring them in line with the 2009 Town
of Ulysses Comprehensive Plan (see adopted outline below), and
WHEREAS the first phase includes improving definitions of light and heavy
industry to include environmental parameters and consider an explicit ban of
heavy industrial activities Town-wide as well as other activities that dovetail with
these zoning changes, and
WHEREAS the Town Board voted in supermajority to “accept the proposed
timeline to use as a work plan to move forward with the revisions of the 2007
Zoning Law”.
THEREFORE BE IT RESOLVED that the Town Board reaffirms that the zoning
changes as outlined in Phase I are the highest priority and the Town Board will
work to the best of its ability to amend the Ulysses Zoning Law to include
definitions of High Impact Industrial Use and Mixed Use Office and Technology
in the time frame outlined in the Resolution of January 25, 2011 titled Time Line
for Revisions of the 2007 Zoning Law.
BE IT ALSO RESOLVED that the Town Board acknowledges it must
simultaneously adhere to its duties as spelled out in applicable New York State
laws and address topics of concern to the Town or Town residents as the law
prescribes and in a timely manner.
******
*Executive Session
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.
*Introduced Local Law #1 for 2011 entitled “A Local Law to Establish the Position of
Second Deputy Supervisor”
BE IT RESOLVED that the Town Board of the Town of Ulysses
introduced Local Law #1 for 2011 entitled “A Local Law to Establish the
Position of Second Deputy Supervisor” and set a public hearing for April
12, 2011, at 6:45 p.m.
******
Regular Town Board Meeting 4/12/2011
*Vouchers/ Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the
previous examined vouchers #123 through 146 and #148 through 180 in the
amount of $45,407.85.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the
minutes of the Regular Town Board meeting of March 8, 2011, the Special
Town Board meetings of March 16th and the 22nd, 2011.
******
*Second Deputy Supervisor
WHEREAS, the Town of Ulysses currently has one position of Deputy Supervisor,
which was established pursuant to §42 of the Town Law; and
WHEREAS, it would be in the best interest of the Town to create a second Deputy
Supervisor position to assist the Supervisor and the Town Board in managing
the work load of the Town; and
WHEREAS, the Town Board has the authority, pursuant to the Municipal Home
Rule Law, to supersede §42 of the Town Law and create a second Deputy
Supervisor position by local law; and
NOW, THEREFORE, be it RESOLVED that the Town Board hereby adopts
Local Law # 1 of 2011 to create the position of Second Deputy Supervisor.
Local Law #1 2011
A Local Law to Establish the Position of Second
Deputy Supervisor Be it enacted by the Town Board
of the Town of Ulysses as follows:
SECTION 1.
Town Law §42 authorizes the Town Board to establish one deputy supervisor
position. The Town Board has concluded that it would be in the best interest of the
Town to establish a second Deputy Supervisor position. The Town has the authority
pursuant to the Municipal Home Rule Law to supersede Town Law §42 and
establish a second Deputy Supervisor position in the Town.
SECTION 2.
The Town hereby establishes a second deputy supervisor position in the Town.
This position shall be known as “Second Deputy Supervisor”.
SECTION 3.
Except as otherwise provided in this Local Law, the provisions of Town Law §42
shall apply to the position of Second Deputy Supervisor.
SECTION 4.
During the absence or inability of the Supervisor to act, or while the office of
Supervisor is vacant, the order in which the Deputy Supervisor and Second Deputy
Supervisor shall act shall be governed by Public Officers Law §9.
SECTION 5.
This local law shall take effect upon filing with the Secretary of State, but the filing
shall not occur until at least forty-five (45) days after its adoption.
*Budget Modifications
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
following budget modifications:
A Fund
A1110.4 Justice CE (JCP grant Received) increase $13,910.
A1220.12 Deputy Supervisor (2nd) (salary for 20 hrs.pw
At $22 hr. mid April through mid-August increase 7,040.
A1011.1 Administrative Asst. decrease 7,040.
Revenue
5031 Inter-fund transfer increase 100.
3089(new) Other Government Aid 13,910.
SW#3
Revenue
SW3 5031 Inter-fund Transfer increase 100.
SW#4
8310.1 Admin. Super PS decrease 150.
9030.8 Social Security decrease 19.
8310.11 Admin Clerk decrease 100.
9901 (new) Transfer to Other Funds 269.
******
*Adjourn to a Closed Session
BE IT RESOLVED that the Town Board of the Town of Ulysses approves to
adjourn to a closed session to speak with the attorney about legal matters.
******
Special Town Board Meeting 4/27/2011
*Bid from LaBella Associates
BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the
April 8, 2011, bid from LaBella Associates to provide implementation to assist
the Town of Ulysses in a Pavement Management System using the Road
Surface Maintenance System program.
******
*Certify the final adoption of Local Law #1 2011
BE IT RESOLVED that the Town Board of the Town of Ulysses designates
Supervisor Marino to certify the final adoption of Local Law #1 2011 and
forward it on to the Secretary of State.
Regular Town Board Meeting 5/10/2011
*Vouchers/ Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approves
vouchers #’s 181 through 229 in the amount of $30,253.28.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the
minutes as corrected for the Regular Town Board meeting of April 12, 2011and
Special Town Board meeting of March 1, 2011.
******
*Job description for the Environmental Planner
BE IT RESOLVED that the Town Board of the Town of Ulysses adopts the job
description for the Environmental Planner E13.doc which modifies the
Tompkins County job description adding the Town of Ulysses.
Whereas the Town of Ulysses will be seeking a professional planner in the near
future at the 0.75 FTE level, and
Whereas, the Town Personnel Committee is in the middle of a major revision of
the personnel policy,
Be it resolved that the following temporary change be made to the personnel
policy, in order for the position to attract a talented applicant pool.
Employees who are working 0.75 of a full-time equivalent, or 0.75 FTE, up to but
not including 1.00 FTE will be eligible to receive a 0.75 pro-rated health
insurance benefit for either single or family coverage from the Town.
******
*Confidentiality and Joint Protection agreement
BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes
Supervisor Marino to sign the Confidentiality and Joint Protection agreement.
******
*Resolution Asking the New York State Department of Environmental Conservation
to Establish a Minimum 90-Day Comment Period for the Supplemental Generic
Environmental Impact Statement on Oil, Gas, and Solution Mining Regulations for
Shale Gas Drilling
Whereas according to the Executive Order No. 41 (Requiring Further
Environmental Review), signed by Governor David A. Paterson on December 13,
2010, the Department of Environmental Conservation was ordered to publish a
Revised Draft Supplemental Generic Environmental Impact Statement (sGEIS) on
or about June 1, 2011 and
Whereas that Executive Order also called for the Department to accept public
comments on the Revised Draft for at least thirty (30) days, and
Whereas we understand the tremendous effort required by the NYS DEC to
address the complex technical and regulatory concepts that must be included in
the Revised Draft sGEIS, and
Whereas due to the extent of the complexity of the Revised Draft sGEIS, we are
concerned with the time and effort it will take for the public and for agencies to
review the revised document upon its release, and
Whereas the public is entitled to have adequate time to review this important
document. Therefore
Be it resolved we are requesting that the NYS DEC establish a minimum ninety
day public comment period following the promulgation of the Revised Draft
sGEIS.
Be it also resolved this resolution be sent by U.S. mail to Commissioner Joe
Martens; Governor Andrew Cuomo; NYS Senators Dean Skelos, Brian Kolb,
Thomas O’Mara, James Seward, and Michael Nozzolio; Speaker Sheldon Silver;
Assemblywoman Barbara Lifton; Chair of Senate Committee on Environmental
Conservation Mark Grisanti; Chair of Assembly Committee on Environmental
Conservation Robert Sweeney; Attorney General Erik Schneiderman; U.S.
Senators Charles Schumer and Kirsten Gillibrand; Representatives Diane
DeGette, Secretary of the Interior Ken Salazar, Representative Richard Hanna and
Representative Maurice Hinchey; EPA Administrator Lisa Jackson, EPA Region
2 Administrator Judith Enck; New York State Association of Counties; New York
State Association of County Health Officials (NYASCHO); the Tompkins County
Board of Health; Tompkins County Legislature; Town Supervisors and Clerks
within Tompkins County and NYS Association of Towns.
******
Special Town Board Meeting 5/18/2011
*Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approved the
edited minutes for the Public Hearing of April 12, 2011 and the Special Town
Board meeting of April 27, 2011.
*Modifies the 2011 budget/ Stream Research
BE IT RESOLVED that the Town Board of the Town of Ulysses modifies the
2011 budget to increase line A8030.4 Stream Research by $2,500, which is the
original requested amount of $5,000 for water quality monitoring in
Taughannock and Trumansburg creek watersheds using volunteers.
FURTHER RESOLVED that CSI hold a community education forum on their
work sometime in 2011.
*Modify/ Salary for the Baseball Director
BE IT RESOLVED that the Town Board of the Town of Ulysses modify line
item A7310.4 to increase by $1,250 which is half of the salary for the Baseball
Director to be paid to the Village of Trumansburg.
Special Town Board Meeting 5/24/2011
No Resolutions passed
Regular Town Board Meeting 6/14/2011
*Vouchers/Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the
previous examined vouchers # 230 through 277 in the amount of $31,131.25.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the
edited minutes for the Regular Town Board meeting of May 10, 2011 and the
Special Town Board meetings of May 18 and May 24, 2011
******
*RESOLUTION OF THE ULYSSES TOWN BOARD FOR A PUBLIC HEARING ON LOCAL
LAW NO. 2 OF 2011, AMENDING THE TOWN OF ULYSSES ZONING LAW
WHEREAS, Local Law No. 2, which amends the Zoning Law of the Town of
Ulysses (“the Zoning Law”), is under consideration by the Ulysses Town Board
(“the Town Board”); and
WHEREAS, a local law amending the Zoning Law requires a public hearing; and
WHEREAS, the proposed local law requires review by the Tompkins County
Planning Department pursuant to §§239-l and 239-m of the General Municipal
Law
NOW, THEREFORE, be it RESOLVED that a public hearing be held on June 29,
2011 at 7:00 p.m. at the Trumansburg Elementary School on the proposed
adoption of Local Law No. 2 of 2011; and be it further
RESOLVED that the Zoning Officer forward the proposed Local Law and all
other required materials to the Tompkins County Planning Department for review
pursuant to §§239-l and 239-m of the General Municipal Law.
******
*Three (3) minute limitation for public comments
BE IT RESOLVED that the Town Board of the Town of Ulysses sets a three (3)
minute limitation for public comments at the Public Hearing on June 29, 2011.
******
Regular Town Board Meeting 7/12/2011
*Voucher/Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approve voucher #278
through 316 in the amount of $19,340.05.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of
June 14, 2011 of the Regular Town Board meeting.
******
*Supervisor Roxanne Marino manage and complete hiring procedures for the
position of Environmental Planner
BE IT RESOLVED that the Town Board of the Town of Ulysses hereby authorizes
Supervisor Roxanne Marino to manage and complete all aspects of the hiring procedures
for the position of Environmental Planner based on the recommendations for a candidate
from the majority of the members of the interview committee and according to the salary
and benefits parameters set by Board resolution on 5/10/201.
******
*Retirement Alex Rachun
WHEREAS the Town Board of the Town of Ulysses is in receipt of a letter of retirement
from Alex Rachun from his employment as the Zoning Officer and Code Enforcement
Officer, stating that he retired effective June 30, 2011,
THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses accepts
Alex Rachun’s retirement effective June 30, 2011.
******
*Appoints Alex Rachun to perform the duties of building inspector as an
Enforcement Officer
WHEREAS the Town of Ulysses is required to conduct building and fire code
inspections, and
WHEREAS the Town of Ulysses is currently without a Code Enforcement Officer due to
the retirement of Alex Rachun,
THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses appoints
Alex Rachun to perform the duties of building inspector as an Enforcement Officer
effective July 13, 2011, on a part-time basis not to exceed 20 hours per week for a salary
not to exceed the 2011 Budget allocation.
******
*Executive Session
BE IT RESOLVED that the Town Board adjourn for Executive Session on a personnel
matter.
******
*Termination notice/Cleaning Contract
WHEREAS cleaning services outlined in the cleaning contract for 2011 have not been
performed per the contract since June 16, and,
WHEREAS the Town Hall is used heavily in the summer season requiring someone to
perform cleaning duties on a weekly basis.
THEREFORE BE IT RESOLVED that the current cleaning contract be terminated by a
notice from the Town Clerk who has been designated by the current contract as the
supervisor; and
RESOLVED the termination notice will be in writing effective 30 days from the date of
receipt using the U.S. Postal Service Delivery Receipt date; and
RESOLVED that the Town Clerk put out a request for bids to contract for cleaning using
the same specifications in the current contract; and
RESOLVED that the Town Clerk find a temporary replacement for cleaning services
during this interim period.
*****************
Special Town Board Meeting 7/26/2011
Re-accepting Alex Rachun’s Retirement and Re-appointing Part-time Enforcement
Officer
BE IT RESOLVED that the Town Board of the Town of Ulysses rescinds the resolutions
passed July 12, 2011, to accept Alex Rachun’s retirement and to appoint an Enforcement
Officer.
WHEREAS the Town Board of the Town of Ulysses is in receipt of a letter of retirement
from Alex Rachun from his employment as the Zoning Officer and Code Enforcement
Officer, stating that he retired effective July 29, 2011,
THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses accepts
Alex Rachun’s retirement effective July 29, 2011.
WHEREAS the Town of Ulysses is required to conduct building and fire code
inspections, and
WHEREAS the Town of Ulysses is currently without an Enforcement Officer due to the
retirement of Alex Rachun,
THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses appoints
Alex Rachun to perform the duties of building inspector as an Enforcement Officer
effective August 1, 2011, on a part-time basis not to exceed 20 hours per week for a
salary not to exceed the 2011 Budget allocation.
***********
Letter to Commissioner NYSDEC –Joe Martens
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following letter to
Commissioner Joe Martens of NYSDEC on the High-Volume Hydraulic Fracturing Advisory
Panel and authorize Supervisor Marino to sign on behalf of the Town Board.
Mr. Joe Martens, Commissioner
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1010
Reference: High-Volume Hydraulic Fracturing Advisory Panel
Dear Commissioner Martens:
This letter is in regards to the newly created High-Volume Hydraulic Fracturing Advisory Panel that will
be charged with:
developing recommendations to ensure DEC and other agencies are enabled to properly
oversee, monitor and enforce high-volume hydraulic fracturing activities;
developing recommendations to avoid and mitigate impacts to local governments and
communities; and
evaluating the current fee structure and other revenue streams to fund government
oversight and infrastructure related to high-volume hydraulic fracturing.
We are pleased that the New York State Department of Environmental Conservation has created
this panel, as we are concerned about impacts to local governments and County Health
Departments from high volume hydraulic fracturing. Among other impacts, we are concerned
about the costs this activity will impose on local governments and County Health Departments
for oversight and infrastructure. However, reviewing the list of initial members of this panel, it is
noteworthy that there is not a single member from a local government or a County Health
Department included on the panel. Since the panel is charged with developing recommendations
to avoid and mitigate impacts to local governments and communities, it is important that local
government and County Health Department representatives should be included on the panel. We
strongly urge you to appoint additional members to the panel from these groups, especially local
governments and County Health Departments in the Finger Lakes and Southern Tier, which will
be directly affected by high volume hydraulic fracturing.
Minutes Regular Town Board Meeting 7/12/2011
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of
the Regular Town Board meeting of July 12, 2011 as edited.
Regular Town Board Meeting 8/10/21
*Budget Modifications
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the following 2011
budget modifications:
B Fund
B1420.4 Attorney CE increase $5000
B1990.4 Contingency decrease $5000
*Approval of Claims/Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approves voucher #’s
321 through 359 in the amount of $15,567.95 for payment.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes
for the Special Town Board meeting of July 26, 2011 as edited.
*SEQR For Zoning Law Amendment
SEQR: Proposed Local Law No. 2 of 2011 to Amend the Zoning Law of the Town
of Ulysses to Clarify that Natural Gas and/or Petroleum Exploration; Extraction;
Support Activities; and the Storage, Transfer, Treatment or Disposal of Natural
Gas and/or Petroleum Exploration and Production Wastes is Prohibited in the
Town of Ulysses.
WHEREAS, this action is the enactment of a Local Law amending the Town of
Ulysses Zoning Law, a copy which is which is attached below; and
WHEREAS, this is an Unlisted Action for which the Town of Ulysses Town Board
is utilizing Type I procedures and acting as Lead Agency in an e nvironmental
review with respect to the enactment of this local law; and
WHEREAS, the Town Board, at a regular meeting held on June 14, 2011,
directed that the Long Environmental Assessment Form, Parts I and II for this
action, (hereafter referred to as “the LEAF”) prepared by Town Planning staff, be
sent to the Tompkins County Planning Department for review pursuant to
sections 239 l and m of the General Municipal Law; and
WHEREAS, the Town Board of the Town of Ulysses has reviewed the LEAF;
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Ulysses Town Board hereby accepts the LEAF as
adequate; and it is further
RESOLVED, that the Town of Ulysses Town Board hereby makes a negative
determination of environmental significance in accordance with Article 8 of the
Environmental Conservation Law and 6 NYCRR Part 617 New York State
Environmental Quality Review, for the above referenced action as proposed,
based on the information in the EAF Part I and for the reasons set forth in the
EAF Part II, and, therefore, a Draft Environmental Impact Statement will not be
required.
TOWN OF ULYSSES, NEW YORK
LOCAL LAW NO. 2 OF THE YEAR 2011
A Local Law to Amend the Zoning Law of the Town of Ulysses
Be it enacted by the Town of Ulysses as follows:
SECTION 1.
The definition of “Extractive industry” in Article IV of the Zoning Law, Section 4.2
(“Definitions”) shall be amended by the addition of the italicized words:
“The extraction of overburden and minerals from the earth; the preparation and
processing of minerals, including any activities or processes used for the extraction or
removal of minerals from their original location and the preparation such as washing,
cleaning, crushing, stockpiling or other process at the mine location that makes a
mineral suitable for commercial, industrial or construction use, but does not include
operations extracting natural gas and / or petroleum. For the purpose of this Zoning
Law, borrow pits (excavations for removing material for filling operations) which exceed
2,000 tons in a one (1)-year period are considered extractive industry.”
SECTION 2.
The following definitions shall be added to Article IV of the Zoning Law, Section 4.2,
and “Definitions”:
Natural Gas and /or Petroleum Exploration: Geologic or geophysical activities related to
the search for natural gas, petroleum, or other subsurface hydrocarbons including
prospecting, geophysical and geologic seismic surveying and sampling techniques, which
include but are not limited to core or rotary drilling or making an excavation in the
search and evaluation of natural gas, petroleum, or other subsurface hydrocarbon
deposits.
Natural Gas and/or Petroleum Extraction: The digging or drilling of a well for the
purposes of exploring for, developing or producing natural gas, petroleum, or other
hydrocarbons.
Natural Gas and / or Petroleum Support Activities: The construction, use, or
maintenance of a storage or staging yard, a water or fluid injection station, a water or
fluid gathering station, a natural gas or petroleum storage facility, or a natural gas or
petroleum gathering line, venting station, or compressor associated with the exploration
or extraction of natural gas or petroleum.
Natural gas: Any gaseous substance, either combustible or noncombustible, which is
produced in a natural state from the earth and which maintains a gaseous or rarified
state at standard temperature and pressure conditions, and/or gaseous components
or vapors occurring in or derived from petroleum or other hydrocarbons.
Natural Gas and/or Petroleum Exploration and Production Wastes shall mean any
garbage, refuse, cuttings, sludge, flow-back fluids, produced waters, or other discarded
materials, including solid, liquid, semisolid, or contained gaseous material that results
from or is associated with the exploration, drilling or extraction of natural gas and/or
petroleum.
SECTION 3.
The following provisions shall be added to “Article XXI - General Provisions” of the
Zoning Law:
21.15. Natural Gas and/or Petroleum Exploration, Natural Gas and/or Petroleum
Extraction, Natural Gas and/or Petroleum Support Activities, Natural Gas and/or
Petroleum Exploration and Production Wastes
21.15.1 The provisions of this section are in further clarification of section 2.1, of this
Zoning Law, which provides in part: “Any use not specifically set forth as a permitted
use in any zoning district shall be expressly prohibited in that zone. A use specifically
set forth as a permitted use in one zoning district shall not be permitted in another
zoning district unless it is specifically set forth as a permitted use in such district.”
21.15.2 The following uses are not permitted in any zoning district:
21.15.2.1 Natural Gas and / or Petroleum Exploration
21.15.2.2 Natural Gas and / or Petroleum Extraction
21.15.2.3 Natural Gas and / or Petroleum Support Activities
21.15.2.4 the transfer, storage, treatment, or disposal of natural gas and/or petroleum
exploration or production wastes, or the application of such wastes to land or roadways;
21.15.2.5 erection of any derrick, building or other structure or placement of any
machinery or equipment for the purposes outlined in paragraphs 21.15.2.1, 21.15.2.2,
21.15.2.3, or 21.15.2.4 above;
21.15.3 No permit issued by any state or federal agency, commission or board to any
person, firm or corporation, which would violate the prohibitions of this section shall be
deemed valid within the Town of Ulysses.
SECTION 4.
This local law shall take effect upon filing with the Secretary of State, at which point this
local law shall apply to any and all prohibited activities in the Town of Ulysses regardless
of the date of any applicable New York State Department of Environmental Conservation
permits.
SECTION 5.
The provisions of this local law are severable. If any court of competent jurisdiction
decides that any section, clause, sentence, part or provision of this local law is illegal,
invalid, or unconstitutional, such decision shall not affect, impair, or invalidate any of the
remaining sections clauses, sentences, parts, or provisions of the Local Law.
SECTION 6.
This local law shall supersede or repeal any prior inconsistent Local Law or local law in
the Town of Ulysses purporting to allow natural gas exploration, natural gas extraction or
the transport, storage, treatment or disposal of natural gas exploration or extraction
waste.
*Zoning Law Amendment Related To Gas Drilling
RESOLUTION ADOPTING LOCAL LAW NO. 2 OF 2011, CLARIFYING THAT
NATURAL GAS AND/OR PETROLEUM EXPLORATION; EXTRACTION; SUPPORT
ACTIVITIES; AND THE STORAGE, TRANSFER, TREATMENT OR DISPOSAL OF
NATURAL GAS AND/OR PETROLEUM EXPLORATION AND PRODUCTION
WASTES IS PROHIBITED IN THE TOWN OF ULYSSES
WHEREAS, the Town has the authority to adopt the Local Law referred to above
(hereafter “the Local Law”) pursuant to Article 9, §1 of the New York State Constitution
and §10 of the New York State Municipal Home Rule Law; and
WHEREAS, the New York Court of Appeals has held that a town “is not obligated to
permit the exploitation of any and all natural resources within the town as a permitted use if
limiting that use is a reasonable exercise of its police powers to prevent damage to the rights of
others and to promote the interests of the community as a whole” [Gernatt Asphalt Products,
Inc. v. Town of Sardinia, 87 N.Y.2d 668, 642 N.Y.S.2d 164 (1996).]; and
WHEREAS, the power to regulate land use through the zoning powers is expressly
delegated to towns in the New York State Statute of Local Governments § 10(6) and New
York State Town Law §261; and
WHEREAS the Local Law is not directed at the regulatory scheme for the operation of
natural gas wells under the Oil, Gas & Solution Mining Law of New York State. This
Local Law addresses land use and nuisance concerns and the protection of the health, safety and
welfare of the people of the Town of Ulysses and the enhancement of its physical environment
and is intended to only incidentally impact the state law set forth in New York State
Environmental Conservation Law Article 23; and
WHEREAS, pursuant to page 1 of Article 1 of the Ulysses Zoning Law of 2007, the
purpose of the Zoning Law of the Town of Ulysses is, in part, to promote the health, safety, and
general welfare of the community, to lessen congestion in the streets, to secure safety from
fire, panic and other dangers, to provide adequate light and air, to prevent overuse of land, to
avoid undue concentration of population, to facilitate the adequate provision of transportation,
water, sewerage, parks and to restrict and regulate the size of buildings and other structures, the
percentage of lots that may be occupied, the size of yards, the density of population, and
the use of buildings, structures and land for trade, industry, residence or other purposes in
order to preserve, foster and enhance the native beauty and rural character of one of the
most picturesque and charming communities in the Finger Lakes region of New York State
and further states “Ulysses is a community well known for its fine vistas of farmland, hills
and Cayuga Lake”; and
WHEREAS, Town of Ulysses Zoning Law provides that “the regulations, restrictions and
boundaries set forth in this Zoning Law may be amended, supplemented, changed or
repealed by the Town Board pursuant to local law.” (Town of Ulysses Zoning Law, Article
II/Section 2.11); and
WHEREAS, the Zoning Law of the Town of Ulysses, Section 2.1, provides in part: “Any
use not specifically set forth as a permitted use in any zoning district shall be expressly
prohibited in that zone. A use specifically set forth as a permitted use in one zoning district
shall not be permitted in another zoning district unless it is specifically set forth as a permitted
use in such district.”; and
WHEREAS, the exploration for natural gas and/or petroleum; the extraction of natural
gas and/or petroleum; and the storage, transfer, treatment or disposal of natural gas and/or
petroleum exploration and production wastes is not specifically set forth as a permitted
use in any zoning district and is therefore prohibited in the Town of Ulysses; and
WHEREAS, the definition of “Extractive Industry” in the Zoning Law, read together
with the Standards for the Extractive Industry in section 17.11, clearly apply to removal of
minerals such as sand, gravel and clay. The Standards refer to removal of more than five
hundred tons or three hundred and fifty cubic yards, whichever is less, or a mineral from
the earth, which is a measurement for sand, gravel and clay, not the extraction of gas and oil.
This amendment to the Zoning Law removes any possibly ambiguity in the term
“Extractive Industry”; and
WHEREAS, it is the intent of the Town Board by this amendment to the Town of
Ulysses Zoning Law to clarify that natural gas and/or petroleum exploration and extraction
and the associated uses of land for heavy industrial uses involved with exploration or
extraction of natural gas and/or petroleum have not been and are not permitted uses of land
under the Town of Ulysses Zoning Law. In addition, the absence of these activities from the
list of permitted uses is a reasonable exercise of the Town’s police powers to prevent
damage to the rights of citizens who would otherwise be negatively affected by such uses and to
promote the interests of the community as a whole; and
WHEREAS, the Local Law is enacted to protect and promote the health, safety and
general welfare of present and future residents of the Town of Ulysses. The Local Law is
an exercise of the Town’s police power, its power to prohibit public nuisance and a land use
regulation designed to protect the Town and its residents from adverse effects and impacts
that would result if natural gas and/or petroleum exploration and extraction and/or the
storage, transfer, treatment, application or disposal of natural gas and/or petroleum
exploration and production wastes were allowed within the Town. As set forth more fully in
the Appendix attached hereto and incorporated herein by reference, there is mounting evidence
that widespread negative environmental impacts have resulted from, or are reasonably
expected to result from natural gas and/or petroleum exploration, extraction and related
operations in other areas of the country, including negative impacts on groundwater
quality, surface water quality, air quality, traffic, scenic and natural resources, neighborhood
and community character, vegetation and habitats; and
WHEREAS, the Local Law is in conformance with the Town of Ulysses Comprehensive
Plan, most recently amended in 2009, as set forth more fully in the Appendix; and
WHEREAS, the Local Law enhances protection of Unique Natural Areas (UNA’s), as set
forth more fully in the Appendix; and
WHEREAS, notice of a public hearing on the Local Law was duly advertised in the
Ithaca Journal for June 29, 2011 at 7:00 p.m. at the Trumansburg Elementary School
Auditorium; and
WHEREAS, said public hearing duly held on said date, time and place and all parties in
attendance were permitted an opportunity to speak in favor of or in opposition to the
Local Law, or any part thereof; and
WHEREAS, the Town of Ulysses provided an opportunity for members of the public to
submit comments in writing in favor of or in opposition to the Local Law, or any part
thereof for a period of 21 days from June 14 until July 6, 2011; and
WHEREAS, pursuant to the New York State Environmental Quality Review Act
(“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, adoption of said
Local Law is an Unlisted action for which the Town Board of the Town of Ulysses,
acting as lead agency in an environmental review with respect to adoption of the Local
Law and utilizing Type I procedures, has on August 10, 2011 made a negative
determination of environmental significance, after having reviewed and accepted as
adequate the Long Environmental Assessment Form Parts I and II prepared by the
Town’s Planning staff; and
WHEREAS, the Town Board agrees it is important to make these clarifications to the
Town of Ulysses Zoning Law because the exploration for natural gas and/or petroleum,
the extraction of natural gas and/or petroleum, and related operations in the Town of
Ulysses would pose a significant threat to its residents’ health, safety, and general
welfare;
NOW, THEREFORE, it is
RESOLVED that the Town Board of the Town of Ulysses hereby adopts said Local Law
No.2 of the Year 2011 to amend the Zoning Law of the Town of Ulysses, a copy of which is
attached hereto and made a part of this resolution; and it is further
RESOLVED that the Town Clerk is hereby authorized and directed to file said Local
Law with the Secretary of State as required by law.
APPENDIX TO RESOLUTION ADOPTIN LOCAL LAW NO. 2 OF 2011
The Town Board of the Town of Ulysses hereby makes and adopts the following
findings:
1. The Local Law is in accordance with the 2009 Comprehensive Plan of the Town of
Ulysses (hereafter “the Comprehensive Plan”) for reasons including, but not limited
to, the following:
a. The Vision Statement set forth in the Comprehensive Plan articulates what
aspects of the Town are most important to residents, and reflects the quality of life
and character desired by the residents. The Vision Statement reads: “Ulysses is a
rural community in the Finger Lakes region that takes great pride in its
agricultural heritage and community character, natural resources, and small-
town atmosphere. Significant community features, including our farms and
lakeshore, make Ulysses a desirable location for residents and visitors alike. We
will continue to celebrate and protect our unique resources by promoting efforts
that support agricultural sustainability, open space conservation, a balanced
approach to economic development, and revitalization of village and hamlet
centers. We will strive to effectively balance future growth with the consideration
of key community assets through proactive planning in a manner that benefits all
residents, both today and in the future.” Town of Ulysses Comprehensive Plan, p.
17.
b. The introduction of the 2009 Comprehensive Plan states: “. . . The Town has
retained its rural, small-town character even as growth has begun to transform
other agricultural communities around the City of Ithaca. [...] The wrong type
and scale of future development could lead to the loss of existing agricultural
businesses, changes to the character of rural roadways as they see increased
traffic, and the loss of open space and scenic views….” (Comprehensive Plan,
Introduction, p. 3).
c. The Comprehensive Plan specifies as an action step that “the Future Land Use
Plan [should be used] to guide officials’ decision-making as it relates to future
development.” (Comprehensive Plan, Action Step #2.1.A, p. 22).
d. Policy Area #1 of the 2009 Comprehensive Plan titled Environment and Natural
Resources states: “The Town of Ulysses is defined by a rich diversity of natural
features and open spaces. The abundance of fields, woodlands, wetlands, gorges,
and lakeshore contribute greatly to the quality of life here, and serve as important
habitat for plants and wildlife. Residents have expressed a strong desire to
preserve the quality of these natural features and resources. To do so, the Town
will strive to employ sound development practices, proper zoning guidelines, and
community stewardship to reduce or eliminate the degradation of these valuable
resources.” (Comprehensive Plan, p. 19).
e. Policy Area #2 of the Comprehensive Plan entitled Sustainable Land Use and
Development states: “Sustainable growth and development shall be encouraged
through the implementation of sound land use planning principles. The rural
landscape is an important attribute of the community; the preservation of the
landscape must be balanced by thoughtful residential and commercial growth that
is focused around targeted development nodes. The Town will support
development patterns that conserve its unique natural resources, reduce energy
consumption, and strive to enhance land values within the Town.”
(Comprehensive Plan, p. 22).
f. Policy Area #3 of the 2009 Comprehensive Plan titled Local Economy states: “…
We shall promote a diversified economy that builds on established local
industries, including agricultural production, tourism, and small-business
development. […]” (Comprehensive Plan, p. 27).
g. Policy Area #4 of the Comprehensive Plan titled Community Services states:
“Community programming seeks to provide safe, healthy, and enjoyable ways for
residents of the Town to enjoy natural, cultural, and historic resources, which
contribute to the overall landscape of the Town. We shall seek to identify and
provide appropriate opportunities for all age groups to actively participate in the
local community. Municipal and public services shall be provided in a planned
and orderly fashion that seeks to enhance the rural character of Ulysses.”
(Comprehensive Plan, p. 29).
h. Policy Area #5 of the Comprehensive Plan entitled Community Identity states:
“Town residents are proud of the established community identity of Ulysses as a
desirable place to live and recreate in the Finger Lakes region. We recognize that
the Town of Ulysses and the Village of Trumansburg offer unique opportunities
for small business owners, residents, and visitors. The Town seeks to honor its
agricultural heritage and rural settlement patterns and celebrate its natural
beauty and resources.” (Comprehensive Plan, p. 33).
i. The Comprehensive Plan includes as an Objective that the Town should “provide
a high quality of life for all residents through proactive planning that supports the
goals of the local community, complements the existing rural character of the
Town, and protects the value of natural and environmental resources.”
(Comprehensive Plan, Objective #2.1, p. 22).
j. The Comprehensive Plan includes as an Objective that the Town should “protect
existing water resources and maintain water quality” (Comprehensive Plan,
Objective #1.2, p. 20), and to further that Objective, the Comprehensive Plan
specifies as an Action step that the Town “identify and enact measures to protect
the quantity and quality of groundwater for Town residents, including the
protection of open space and prohibiting over-withdrawal of groundwater
resources, and limiting potential negative impacts associated with septic systems,
agricultural practices and commercial containments.” (Comprehensive Plan,
Action Step #1.2.G, p. 20).
k. The Comprehensive Plan includes as an Objective that the Town should “protect
existing air resources and maintain the air quality for the health and safety of
Town residents” (Comprehensive Plan, Objective #1.3, Action Step C., p. 21).
l. The Comprehensive Plan includes as an Objective that the Town should
“preserve and protect the Town’s rural characteristics and agricultural lands”
(Comprehensive Plan, Objective #2.6, p. 26), and to further that Objective, the
Comprehensive Plan specifies as an Action step that the Town “. . . develop
specific strategies for protecting and maintaining high quality agricultural lands
for agricultural uses, and for preserving the rural landscape.” (Comprehensive
Plan, Action Step #2.6.A, p. 26).
m. The Comprehensive Plan includes as an Objective that the Town should
“diversify the local economy and promote economic growth by supporting and
promoting tourism-based opportunities” (Comprehensive Plan, Objective 3.2, p.
28), and to further that Objective, the Comprehensive Plan specifies as Action
steps that the Town should: “Encourage small tourism-based businesses within
the Town… [and] promote tourism in the Town and develop partnerships for
future tourism-based initiatives.” (Comprehensive Plan, Action Steps 3.2.A,
3.2.B, p. 28).
n. The Future Land Use Plan described in the Comprehensive Plan is intended to
represent and demonstrate how the community believes the Town should look in
the future (Comprehensive Plan, p. 27). The Future Land Use Plan does not
contemplate as permitted uses high-impact industrial uses such as those used in
exploration and extraction of natural gas and petroleum.
o. Survey results in the Town of Ulysses Comprehensive Plan show that residents of
the Town rated as “very important” the following community characteristics:
71.8% conservation, 69% protection of open space, 62.9% clean lake water, and
66.6% protection of groundwater. Allowing oil or gas extraction industries into
the Town of Ulysses contradicts these desirable qualities and goes against the
wishes of its residents (Comprehensive Plan, Summary of Community Survey
Results 5.a. pg. 74).
p. The protection of residents, neighborhoods, and the natural environment
constitutes the highest and best use of the police and land use powers that the
Town possesses. Such land use powers are an important and necessary tool in
implementing the goals of a municipal Comprehensive Plan.
2. Unique natural areas (UNA’s)
a. In its 1990 inventory and 2000 revision thereof, the Tompkins County
Environmental Management Council identified 10 areas in the Town of Ulysses
that are designated Unique Natural Areas (UNA) that harbor rare or endangered
flora and fauna, unique geologic features or contain excellent examples of
ecosystems or biotic communities.
b. The Town of Ulysses officially acknowledged the value and need to protect its
approximately 1,540 acres of Unique Natural Areas (UNAs) by passing a
resolution on January 12, 2010 officially accepting the designation of UNAs as
outlined by the Tompkins County Environmental Management Council as shown
on the map dated 1999 (seen at http://www.tompkins-
co.org/gis/maps/pdfs/UNACountyWide-E.pdf).
c. Designation of a Unique Natural Area in and of itself does not afford any tangible
protections of the area.
d. The Town of Ulysses Planning Board and Town Board are in the process of
defining and adopting amendments to the Town Zoning Law that would protect a
significant portion of the Town in environmentally sensitive areas adjacent to
Cayuga Lake by designating a Conservation Zone and Lake Shore Zone.
3. State and Federal Regulation and Oversight; concerns include but are not limited to:
a. Federal EPA expressed serious reservations about the scope, accuracy and
viability of the 2009 draft sGEIS, the New York State document that will guide
regulation of natural gas extraction
(www.toxicstargeting.com/sites/default/files/Marcellus_dSGEIS_Comment_Letter_plus_Enclosur
e.pdf).
b. The EPA is currently studying the association of high volume, slick water
hydraulic fracturing with water contamination in a national effort not expected to
culminate until 2012.
c. The United States House of Representatives Committee on Energy and
Commerce released a report in April 2011 titled Chemicals Used in Hydraulic
Fracturing which states, “Yet questions about the safety of hydraulic fracturing
persist, which are compounded by the secrecy surrounding the chemicals used in
hydraulic fracturing fluids.”
d. Studies or analyses of both the long-term and cumulative impacts of high volume
slick water hydraulic fracturing (HVSWHF) operations on a community’s water,
air, health and economy have not been completed, and no analysis of these type of
impacts are included by the DEC in the Preliminary Revised Draft SGEIS (July
2011).
e. A report authored by University of Oneonta Professor Ronald Bishop and others
in November 2009 for former Congressman Michael Arcuri, states that
“proceeding with any new projects to extract methane from unconventional
reservoirs by current practices in New York State is highly likely to degrade air,
surface water and ground-water quality, to harm humans, and to negatively
impact aquatic and forest ecosystems. Mitigation measures can partially reduce,
but not eliminate, the anticipated harm.”
(http://www.sustainableotsego.org/Risk%20Assessment%20Natural%20Gas%20Extraction-
1.htm).
A summary and analyses of the U.S. data and record of experiences with shale gas and oil
extraction included in a recent study by the European Union indicates that these
technologies have had a significant impact on health and the environment. (Impacts of
Shale Gas and Shale Oil Extraction on the Environment and on Human Health, European Parliament 2011.)
http://www.europarl.europa.eu/activities/committees/studies/download.do?language=fr&file=41771)
4. General concerns related to drilling for natural gas on the health, safety and welfare
of the Town of Ulysses and its residents include but are not limited to:
a. Drilling for natural gas by its very nature has the potential to produce a
combination of negative impacts upon the environment and people living in or in
proximity to drilling operations. Many of these are unavoidable, due to the large
land occupation and density of well drilling required and the relatively high risk
of accidents. Such negative community impacts may include, without limitation,
traffic, noise, vibrations, fumes, damage to roadways, degradation of water
quality, degradation of air quality, decreased availability of affordable housing,
increased demand on emergency services, increased costs to residents, damage to
and loss of agricultural lands and soils, damage to and loss of open space, natural
areas, and scenic views, decreased recreational opportunities, and damage to the
tourism industry.
b. Natural gas exploration or extraction or the storage, transfer, treatment,
application to land or roadways, or disposal of natural gas exploration and
production wastes occurring within the Town is likely to endanger the health,
safety and welfare of Town residents through the deposit of toxins and radioactive
substances into the air, soil, water, environment, and the bodies of residents
within the Town. Irreparable harm to the Town’s drinking water supplies may
occur. Methane contamination of groundwater in severe cases can result in safety
hazards such as explosions in residences and businesses using well water. Town
and residents property could be damaged by the corrosive nature of these wastes.
c. Air, soil, and water contamination may occur during the different stages of natural
gas exploration and extraction operations and the storage, transfer, treatment or
disposal of natural gas exploration and production wastes, and such contamination
could have adverse impacts on plant, human and animal health and environmental
quality. Such impacts, many already documented in other areas, will directly
affect the quality of life and livelihoods of residents of the Town of Ulysses.
5. Risks to water include but are not limited to:
a. The hydraulic fracturing process used in natural gas extraction is exempt from the
federal Safe Drinking Water Act which would otherwise offer some protection to
drinking water sources. Further, chemicals used in the hydraulic fracturing
process are not yet required to be of public record due to trade secret protection,
making it difficult to impossible to evaluate risks that might be associated with
this process.
b. The Town of Ulysses is committed to protecting the quality of its water resources
including the approximately 38 acres of wetlands designated by the New York
State Department of Environmental Conservation and its approximately 580 acres
of federally designated wetlands based on the National Wetlands Inventory,
1,060,483 feet of streams, 2,437 acres of Cayuga Lake and 40,327 feet of
shoreline along Cayuga Lake.
c. The United States Geological Survey map titled Unconsolidated Aquifers of
Tompkins County shows that a large portion of the northwest section of the Town
of Ulysses is underlain by the Taughannock Creek Valley aquifer which is a
confined aquifer characterized by sand and gravel and susceptible to
contamination from drilling for natural gas.
d. All residents of Town of Ulysses depend on the purity of lake or groundwater for
their primary drinking water source, either from private wells (the majority of
households), the Trumansburg Village municipal water well located just outside
the Town, directly from Cayuga Lake, or indirectly from Cayuga Lake through
the Southern Cayuga Lake Inter-municipal Water Commission via a municipal
water system. A report based on a 2009 survey of Town of Ulysses residents
emphasizes the fragile nature and limited capacity of the groundwater sources for
private wells in many areas of the Town. (http://www.ulysses.ny.us/tou-
water_needs_report.pdf).
e. Protection of the Town of Ulysses water sources from potential contamination is
an important goal of the Town of Ulysses.
f. Surface spills and underground migration of liquid wastes that originate from the
exploration, drilling and extraction of natural gas (whether onsite or during the
transportation of these products to treatment and/or disposal facilities) can occur,
and such products may come into contact with and contaminate and pollute
groundwater and/or soil. Experience from states in which hydraulic fracturing is
active indicates that contamination of drinking water and streams is not
uncommon whether it be due to poorly constructed well casings, cracked well
casings, surface spills, leaking containment ponds, migration of contamination
through abandoned wells, or for other undocumented or unexplained reasons
(Fractured Communities: Case Studies of the Environmental Impacts of Industrial Gas Drilling.
Michaels et al. 2010. http://riverkeeper.org /Fractured-Communities-FINAL-September-
2010.pdf).
g. Water contamination has been documented in a peer reviewed paper in the
Proceedings of the National Academy of Sciences by Dr. Stephen Osborn and
others from Duke University titled Methane Contamination of Drinking Water
Accompanying Gas-Well Drilling and Hydraulic Fracturing which looked at 68
water wells across Pennsylvania. The research showed levels of methane with the
chemical profile of shale-gas in groundwater were 17 times higher on average in
water wells located within a kilometer of active hydraulic fracturing than water
wells where there was no hydraulic fracturing, and were very often above the
federal safety standard for explosions (Proceedings of the National Academy of Sciences,
2011. www.pnas.org/cg1/doi/10.1073/pnas.1100682108)
h. The presence of methane gas in water wells demonstrates the likelihood of other
gaseous pollutants associated with natural gas development, such as radon. While
no studies are yet available on other such gases as yet, radon is a radioactive
substance that is well documented to pose significant health risks, including
cancer.
i. State University of New York at Buffalo researchers led by Tracy Bank reported
that the Marcellus Shale is naturally enriched in uranium and has enhanced
solubility and mobility due to water-rock interactions over millions of years and
hence produced water secondary to the fracking process contains unacceptably
high levels of radioactivity
(http://gsa.confex.com/gsa/2010AM/finalprogram/abstract_181465.htm;
http://www.buffalo.edu/news/11885).
j. An analysis on wastewater from the gas and oil industry treated at a brine
treatment facility in Pennsylvania by Dr. Conrad Volz and others from the Center
for Healthy Environments and Communities at the University of Pittsburgh shows
levels of barium, strontium, bromide, benzene, 2-butoxyethanol and other
contaminants in the effluent entering a local creek well in excess of EPA
standards for protection of human health and aquatic life. The report cites
concern for those who drink the water from municipal authorities downstream as
well as those who recreate in the area and are exposed to chemicals emanating
from the creek either through skin absorption, inhalation of volatile compounds,
or ingestion of fish taken from the creek (http://www.marcellus-
shale.us/pdf/Wastewater_Josephine_3-25-11.pdf).
k. Experience in Pennsylvania where hydraulic fracturing is allowed shows
produced water and flow back fluid disposal techniques and regulations at the
State level are inadequate or non-existent and that standard waste water treatment
techniques are not effective when treating these toxic fluids (February 27, March
2, March 4, 2011 articles and supporting documentation by Ian Urbina,
http://www.nytimes.com/interactive/us/DRILLING_DOWN_SERIES.html;
Letter from U.S. EPA Region 3 Regional Director Shawn Garvin to PA
Department of Environmental Protection, March 7, 2011).
l. Roughly 1,150 acres in the Town of Ulysses are highly erodible slopes greater
than 15 degrees leading to the gorges and streams that feed Lake Cayuga. These
slopes are susceptible to stormwater runoff problems if drilling for natural gas
were allowed on these lands.
6. Risks to air quality include but are not limited to:
a. Significant venting and leakage of natural gas to the atmosphere occurs during
shale gas development (summarized in Howarth et al. 2010, Climatic Change Letters, doi
10.1007/s10584-011-0061-5, which relied on 2010 EPA and GAO reports).
b. A variety of air pollutants are included in the gaseous releases associated with
several point sources in gas drilling process and with leakage from storage and
transmission infrastructures. Pollutants include benzene, formaldehyde, and other
aromatic hydrocarbons and hydrogen sulfide, carbon disulfide and other sulfur
gases in addition to radon. Development of the Barnett Shale gas in Texas has led
to high levels of air pollution, including benzene concentrations of up to 15,000
ppb in air. These concentrations are high enough to cause acute toxicity (Texas
Commission on Environmental Quality 2010.
http://www.tceq.state.tx.us/assets/public/implementation/barnett_shale/2010.01.27-
BarnettShaleMonitoringReport.pdf; Town of Dish, Texas 2009.
http://www.townofdish.com/objects/DISH_-_final_report_revised.pdf; Impacts of Shale Gas and
Shale Oil Extraction on the Environment and on Human Health, European Parliament 2011.
http://www.europarl.europa.eu/activities/committees/studies/download.do?language=fr&file=4177
1).
c. In the Marcellus Shale region, only limited air quality monitoring has occurred to
date, and the highest concentrations of benzene found are far lower than those
found in Texas for the Barnett Shale, only 758 ppb (Pennsylvania Department of
Environmental Protection 2010. Southwestern Pennsylvania Marcellus Shale Short-Term
Ambient Air Sampling Report.
http://www.dep.state.pa.us/dep/deputate/airwaste/aq/aqm/docs/Marcellus_SW_11 -01-10.pdf).
Still, exposure to levels of chemicals such as benzene at these lower levels can
pose a significant cancer risk. A recent peer-reviewed study suggests a strong
link between low-level chronic benzene exposure and risk of leukemia (Talbott et
al. 2011. Risk of leukemia as a result of community exposure to gasoline vapors: A follow-up
study. Environmental Research 111: 597-602).
d. Emissions from internal combustion engines, primarily using diesel fuel, are a
significant and damaging source of air pollution associated with extraction of
natural gas and petroleum, as these processes rely heavily on such engines for
many aspects of the overall process (such well drilling and fracking and a high
frequency of heavy truck trips to and from the sites). A study in 2009 by Dr. A.
Armendariz of Southern Methodist University (now Director for EPA Region 6)
found high levels of smog-forming compounds (nitrogen oxides and volatile
organic compounds, or VOC’s) in air associated with oil and gas production in the
Barnett Shale region of Texas, in addition to greenhouse gases and air-borne toxic
chemicals (www.edf.org/documents/9235_Barnett_Shale_Report.pdf). VOC’s react in the
atmosphere to produce fine particulate matter and ground-level ozone, both of
which are known to cause lung damage and a variety of respiratory conditions
including asthma, chronic bronchitis, and can lead to premature death
( http://www.citizensforhealthydevelopment.org/home/harmful-effects-of-diesel-exhaust-1).
7. Health risks include but are not limited to:
a. The health risks associated with the development of natural gas from shale
formations has received very little study. Two recent reviews highlight the
potential for major health risks and urge precaution. (M. Finkel and A. Law 2011. The
rush to drill for natural gas: A public health precautionary tale. American Journal of Public
Health. Published on line in advance of print on March 17, 2011. doi
10.2105/AJPH.2010.300089; B. Schwartz and C. Parker. 2011. Public health concerns of shale
gas production, pgs. 11-15 in Will Natural Gas Fuel America in the 21st Century?
http://postcarbon.org/naturalgas)
b. Mounting evidence and analyses of hydraulic fracturing for gas extraction since
its inception in the U.S. indicates a variety of environmental and health impacts
are associated with this industry. (Impacts of Shale Gas and Shale Oil Extraction on the
Environment and on Human Health, European Parliament 2011.
http://www.europarl.europa.eu/activities/committees/studies/download.do?language=fr&file=4177
1)
c. Concerns over the potential harm to human health from natural gas drilling and
the lack of scientifically established cause and effect relationships have led the
Medical Society of the State of New York and several County medical societies
throughout New York State, including Tompkins County to call for a statewide
moratorium on natural gas extraction using high volume hydraulic fracturing until
valid information is available to evaluate the potential effects on human health
and the environment. (http://gdacc.wordpress.com/2010/12/10/new-york-state-medical-
societies-call-for-moratorium/)
d. The process of high volume slick water hydraulic fracturing has been linked to
chronic diseases such as respiratory ailments, neurologic impairments and the
high likelihood that exposure to fracking chemicals many of which are highly
toxic can cause cancer. .(http://earthworksaction.org/oil_and_gas.cfm
http://www.huffingtonpost.com/2011/03/08/wyoming-ait-pollution-gas-drilling_n_833027.html,
http://www.circleofblue.org/waternews/2010/world/north-america/epa-launches-national-study-of-
hydraulic-fracturing/).
8. Community impact findings include but are not limited to:
a. Agriculture and tourism are particularly important activities to promote and
sustain in the Town of Ulysses, according to the 2009 Comprehensive Plan and
nearly completed Town of Ulysses Agriculture and Farmland Protection Plan. A
study by the Southern Tier Central Regional Planning & Development Board
indicates that activities associated with gas drilling “will change the pristine and
rural character of the region to a gritty and industrial one” and that such shift in
local land use could substantially damage the future of the tourism and agriculture
industries. Information from other states where drilling is occurring indicates
potentially serious economic consequences for agriculture & tourism.
(http://www.stcplanning.org/).
b. Based on the experience of municipalities in Pennsylvania currently in the midst of
the active drilling region, traffic and truck traffic has increased significantly
resulting in an increase in accidents, traffic violations, traffic congestion and a
need for increased police patrols.
c. According to preliminary results of an economic study conducted by Susan
Christopherson at Cornell University (http://www.greenchoices.cornell.edu/downloads/
development/Marcellus/Marcellus_Prelim_Results.pdf):
i. An average of 890-1,340 truck trips per well site cause a high potential for
road degradation. Without clear direction from the New York State
Legislature, taxpayers from the Town of Ulysses and Tompkins County
are likely to be financially responsible for resulting road repair.
ii. Bradford County, Pennsylvania saw an increase in demand on health,
educational, administrative, emergency response, and environmental
monitoring services and an increase in public safety costs.
iii. Annual production from a shale gas well declines by about 50 percent in
the first year, leaving royalty revenues to drop and does not constitute a
long-term strategy for economic development in rural areas.
iv. While gas drilling regions in Pennsylvania do show job gains, a vast
number of high paying jobs are not within the state and the long-term
economic gain is often not positive at the pace and scale of development
seen in Pennsylvania.
v. A rapid increase in activity can be expected once permitting begins based
on experience from Pennsylvania, where 71 permits were granted in 2007
compared with 1,984 in 2009, which qualifies the pace of development as
a boom and subject to bust.
d. According to County Commissioner Mark Smith of Bradford County, speaking in
December 2010, there has been an increase in traffic accidents, traffic violations,
crime, homelessness, cost of housing, and use of the County Courthouse in
Bradford County as a result of gas exploration and extraction causing an increase
in the County budget at the tax payer’s expense.
e. The State of New York’s system of taxation is outdated and based on a form of
gas extraction that has a steady rate of production over a long time rather than a
large initial peak of production followed by a precipitous decline. Unless New
York State addresses these taxation inadequacies, additional municipal expenses
associated with natural gas extraction will not be offset.
f. Information gathered by the Tompkins County Council of Governments Task
Force on Gas Drilling’s Land Value and Assessment Workgroup indicates
mortgage lending is often compromised under the conditions stipulated in many
gas leases resulting in a decrease in property value and an inability to sell
property. (http://www.tompkins-
o.org/tccog/Gas_Drilling/Focus_Groups/LandValues_Assessment.html).
*Resolution on Water Issue With Town of Ithaca
AGREEMENT ON WATER BILLING AND WATER LOSS WITH THE TOWN OF
ITHACA
WHEREAS the Town Board of the Town of Ithaca and the Town Board of the Town of
Ulysses entered into an agreement to share water service for Ulysses Water District
Number 3 and Town of Ithaca residences in the Woolf Lane area on October 30, 2003
and
WHEREAS there has been disagreement since 2003 over the exact amount of water used
in each municipality and
WHEREAS there has been disagreement with the Town of Ithaca since 2004 over
billings for water delivered to the Town of Ulysses and
WHEREAS the Town of Ithaca Director of Public Works, previous Budget Officer and
Supervisor investigated the matter thoroughly and exhausted the supply of information
relative to the matter, as did the Town of Ulysses Supervisor, Bookkeeper and Water
Maintenance and Distribution Operator, and
WHEREAS the Town Board has reviewed the background information summarizing the
situation and options (document written by Supervisor Marino, attached)
NOW THEREFORE BE IT
RESOLVED that the Town of Ulysses agrees to pay the Town of Ithaca $21,254.46 in
full payment for any unpaid water billing balance since 2004 and
FURTHER RESOLVED that upon payment of $21,254.46 the Town of Ulysses agrees in
principle with amending the 2003 water agreement such that the Town of Ithaca will
pay for water loss in the Woolf Lane area of the Town of Ithaca associated with routine
operation of the distribution system, with the specific cost methodology to be negotiated
by a subcommittee consisting of the Supervisors and other Town Board, staff or advisory
committee members as designated by the Supervisors, and appointed as soon as possible
after this and the Town of Ithaca resolutions are adopted and
FURTHER RESOLVED that with the agreements on past billing and water loss as
detailed in the Resolved sections above, the Town of Ulysses hereby rescinds intentions
to construct a two-way water meter in collaboration with the Town of Ithaca.
Special Town Board Meeting 8/25/2011
*Approval of Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of
the Regular Town Board meeting of August 10, 2011, as corrected.
*2011 MS4 Annual Report for Stormwater
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the 2011 MS4
Annual Report for Stormwater.
* Approve the Cleaning Contract to hire Melanie Steverson
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the contract to
hire Melanie Steverson-Jarvis for the cleaning position at a price of $643 monthly.
Further Resolve that the Town Clerk’s office will be the liaison for the cleaning person.
Special Town Board Meeting 9/08/2011
*Approve the Purchase of the 2000 Volvo
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the purchase of
the 2000 Volvo single-action truck with plow equipment, dump box/spreader unit from
the Town of Ithaca in the amount of $20,000.
*Resolution To Resolve Provision Of Emergency Management Services With The
Village Of Trumansburg For The Year 2012
RESOLUTION TO RESOLVE PROVISION OF EMERGENCY MANAGEMENT
SERVICES WITH THE VILLAGE OF TRUMANSBURG FOR THE YEAR 2012
WHEREAS the Village of Trumansburg severed the ambulance service from the Fire Protection
District (FPD) as of as of April 11, 2011 and created the new Trumansburg Emergency Medical
Services Department (TEMSD); and
WHEREAS on June 13, 2011 the Village of Trumansburg adopted an EMS Billing Policy
requiring all patients within the Village limits to be billed for emergency medical services in
order to reduce the amount of municipal funding needed to run the TEMSD; and
WHEREAS the above changes to the Village of Trumansburg EMS service and the timing of the
above actions and subsequent availability of information necessary to form an Ambulance
District under the procedures of Town Law did not allow the Town of Ulysses the option of
creating an Ambulance District with an ad valorem tax levy to pay for an EMS contract in 2012,
and
WHEREAS this leaves the Town of Ulysses with the following, limited options for EMS service
in the 2012 budget year:
a) Contract with the Village (TEMSD) for Town-wide service which by NYS law must
include the Village, and would require the following:
The Town to accept the current policies and charges with no official way to amend
them as all agree will be necessary over the coming 1 – 2 years,
OR the Village to agree formally to work with the Town in a cooperative and
meaningful way to develop a shared decision-making structure to review and
amend the policies and charges, which the two municipalities have thus far not
been able to negotiate, and
A change from 2011 in distribution of financing of the EMS with taxes such that
the total tax rate to Town residents (outside the Village) residents would increase
by ~11 % for 2012. Funds for a Town-wide contract can only be raised in the
General Fund, resulting in a large overall increase in the town-wide tax levy. This
would require a local Town law to override the newly enacted NYS tax cap law.
b) Request that the Village structure provision of EMS in two ways for 2012, and
provide an ambulance service as part of the Fire District Protection District in
addition to the TEMSD, as proposed by the TEMSD attorney Brad Pinsky (8/29/11
meeting) as feasible. The Town (outside the Village) could then contract for both
EMS and fire protection in 2012 as part of the Fire Protection District, as is currently
done. With this option:
Taxes for Town (outside the Village) residents would stay relatively level for
2012, as the cost would be raised with an ad valorem FPD tax as in 2011.
Patients receiving ambulance service originating in the Village would be billed for
ambulance service by the TEMSD in 2012; patients receiving service originating
in the Town of Ulysses would not.
c) Take no action, with the following consequences:
There would be no contract for EMS services in the Town (outside the Village),
and as such no taxes raised for EMS in 2012.
Residents would still call 911 in emergencies, and the closest available in-service
ambulance would be dispatched; all patients would be charged for the service at
the billing rates of the provider.
Service in the northern part of Ulysses will likely be negatively affected, due to
longer response times.
The Village (and any other Towns contracting with the TEMSD) would need to
pay more for EMS in 2012 and the long-term sustainability of the TEMSD could
be jeopardized, as the Town of Ulysses contract currently supports 48% of the
EMS budget.
Town taxes would go down for 2012, but then jump up in 2013 if an Ambulance
District is formed, or if option (a) above is enacted.
And WHEREAS the Ulysses Town Board believes strongly that it is in the best interest of the
residents of the Town including the Village to negotiate and enter into agreements for municipal
cooperation and provision of shared services to maintain the quality and availability of services
within the property tax cap constraints and as resources available to municipalities shrink in
times of financial stress, and
WHEREAS New York State government encourages such inter-municipal cooperation and
provides specific mechanisms in General Municipal Law for municipalities to adopt agreements
to share services, resources, and the associated costs,
BE IT THEREFORE RESOLVED that the Ulysses Town Board finds that the most feasible and
best overall option for providing ambulance service to town residents for 2012 is (b) above, in
conjunction with establishing an Intermunicipal Managing Cooperative and working toward
implementation of a billing policy to offset future costs to taxpayers.
As such, the TOWN OF ULYSSES REQUESTS THAT the Village of Trumansburg work with
the TEMSD attorney to provide a draft contract and cost to the Town for combined ambulance
and fire protection services in the Fire Protection District for FY 2012.
Due to NYS legal requirements and the timing constraints of the Town budgeting process, the
Town Board needs the contract and cost information by September 27th at the latest for inclusion
into the Tentative budget, and by October 17th for consideration of inclusion in the preliminary
and final budgets.
BE IT FURTHER RESOLVED THAT the Ulysses Town Board requests that the Village of
Trumansburg amend its Inter-Municipal Managing Cooperative Policy for TEMSD (adopted by
the Village Board 8/15/2011) for contracting municipalities to the text stated below or other
mutually agreed upon language that incorporates the intent of shared responsibility and decision-
making, and that the Village inform the Town of their decision in this matter at the time of
presentation of a 2012 contract for consideration.
An inter-municipal managing cooperative as proposed below will ensure that the voices of all of
the population who fund and are served by this service are heard and will share the municipal
burdens of maintaining this valuable community service. Further, it is a strong starting point
towards a broader inter-municipal cooperation and cost-sharing agreement for provision of
emergency services that will benefit the residents of the Town of Ulysses / Village of
Trumansburg into the future.
For 2013, the Town is committed to exploring options and details for forming an inter-municipal
shared services agreement for EMS with the Village of Trumansburg that might include a town-
wide contract or the establishment of an Ambulance District. Further, the Town commits to
establishing a billing procedure for funding a portion of the EMS services and that meets NYS
legal requirements.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++
INTER-MUNICIPAL MANAGING COOPERATIVE FOR BILLING POLICIES &
GUIDELINES FOR THE TRUMANSBURG EMERGENCY MANAGEMENT
SERVICES DEPARTMENT.
The Inter-Municipal Managing Cooperative (hereafter “IMMC”) shall be an inter-municipal
committee charged with reviewing and making recommendations on the billing policy,
accounting policy, charity policies, fee schedules, and annual budget of the Trumansburg
Emergency Management Services Department (TEMSD). Daily operational decisions and
oversight of TEMSD performance will be maintained by the Village of Trumansburg.
The IMMC will consist of representatives from each municipality as they contract with
Trumansburg Emergency Management Service Department for service. Representation shall be
determined by each municipality’s level of use of the Trumansburg TEMSD. The voting
members of the IMMC (assuming continued participation of all 2011 municipalities) shall be:
two members from the Village of Trumansburg Board, two members from the Town of Ulysses
Board, and one member each from the Towns of Covert and Hector Boards, with advisory
positions of the TEMSD Manager, Trumansburg Fire Company EMS Volunteer, and TEMSD
Compliance Officer.
All of the discussions and recommendations of the IMMC that address TEMSD policies and
finances shall be open to the public. Discussions pertaining to individual patients or EMS staff
will be confidential. Meetings will be recorded and minutes including decisions and a brief
summary of IMMC discussions taken and maintained by the Village as a record.
Recommendations to the Village Board will be made by majority vote of a quorum of the seated
IMMC members. The rules of procedure of the Committee and the Committee Chair shall be
decided by majority vote of the Committee. IMMC meetings will be held every 4 months, and
additionally as determined by the IMMC as necessary.
Duly passed recommendations of the IMMC will be adopted by the Village Board as policy
unless overturned by a supermajority (4/5) vote of such Board, accompanied by a short statement
of findings in support of the decision.
Members serving on this IMMC have a serious role in determining the policies governing
billing, fee schedules and charity policies of emergency services and as such will commit to
reading and understanding all information and communications to adequately address issues
surrounding emergency medical services as they arise.
Regular Town Board Meeting 9/11/2011
*Approval of Claims/Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previously
examined vouchers numbered 361 through 411 in the amount of $69,348.34.
*Resolution Supporting A County-Wide Survey Of Residents About Broadband
Internet
RESOLUTION SUPPORTING A COUNTY-WIDE SURVEY OF RESIDENTS ABOUT
BROADBAND INTERNET
WHEREAS many residents of the Town of Ulysses have broadband access due to the proximity
of Finger Lakes Technology Group, there are still areas in the southern portion of our town
without an affordable high-speed connection to the internet; and
WHEREAS not only is this a disadvantage to residents but also dampens the economic potential
of small businesses located throughout our rural areas; and
WHEREAS without finding a way to provide high-speed internet to all our residents, there will
continue to be a digital divide within our communities.
THEREFORE, BE IT RESOLVED that the Town Board of the Town of Ulysses supports a
survey of town residents and businesses to determine the level of need for better internet
accessibility options including the type of service currently available to residents, how well this
service meets their needs, and what quality of service would be necessary for them to take
advantage of technology features provided by the internet.
*Introduction of: A Local Law To Override Tax Levy Limit Established In General
Municipal Law §3-C
LOCAL LAW # 3 OF 2011
TOWN OF ULYSSES, COUNTY OF TOMPKINS
A local law to override the tax levy limit established in General Municipal Law §3-c
Section 1. Legislative Intent
It is the intent of this local law to allow the Town of Ulysses to adopt a budget for the fiscal year
commencing 2012 that requires a real property tax levy in excess of the “tax levy limit” as
defined by General Municipal Law § 3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law § 3-c, which
expressly authorizes a local government’s governing body to override the property tax cap for
the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%)
of said governing body.
Section 3. Tax Levy Limit Override
The Town Board of the Town of Ulysses, County of Tompkins, is hereby authorized to adopt a
budget for the fiscal year commencing 2012 that requires a real property tax levy in excess of the
amount otherwise prescribed in General Municipal Law §3-c.
Section 4. Severability
If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or
the application thereof to any person, firm or corporation, or circumstance is invalid or
unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the
remainder of this local law, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, or part of this local law or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy in which such judgment
or order shall be rendered.
Section 5. Effective Date
This local law shall take effect immediately upon filing with the Secretary of State.
Special Town Board Meeting 9/15/2011
*Presentation of Lakeshore Zoning
Public Hearing 9/27/2011
Special Town Board Meeting 9/27/2011
* A Local Law # 3 Of 2011 To Override The Tax Levy Limit Established In General
Municipal Law §3-C
LOCAL LAW # 3 OF 2011
TOWN OF ULYSSES, COUNTY OF TOMPKINS
A local law to override the tax levy limit established in General Municipal Law §3-c
Section 1. Legislative Intent
It is the intent of this local law to allow the Town of Ulysses to adopt a budget for the fiscal year
commencing 2012 that requires a real property tax levy in excess of the “tax levy limit” as
defined by General Municipal Law § 3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law § 3-c, which
expressly authorizes a local government’s governing body to override the property tax cap for
the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%)
of said governing body.
Section 3. Tax Levy Limit Override
The Town Board of the Town of Ulysses, County of Tompkins, is hereby authorized to adopt a
budget for the fiscal year commencing 2012 that requires a real property tax levy in excess of the
amount otherwise prescribed in General Municipal Law §3-c.
Section 4. Severability
If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or
the application thereof to any person, firm or corporation, or circumstance is invalid or
unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the
remainder of this local law, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, or part of this local law or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy in which such judgment
or order shall be rendered.
Section 5. Effective Date
This local law shall take effect immediately upon filing with the Secretary of State.
*Employees Contributing To Dental Insurance %50
BE IT RESOLVED that the Town Board of the Town of Ulysses approves that the
employees and retirees of the Town of Ulysses will contribute 50% towards their
dental/vision coverage.
*Employees Contributing To Health Insurance 5%
BE IT RESOLVED that the Town Board of the Town of Ulysses approves that the
employees and retirees of the Town of Ulysses will contribute 5% towards their health
insurance coverage.
*No Pay Increases For Elected Officials
BE IT RESOLVED that the Town Board of the Town of Ulysses approves that there will
be no pay increases for elected officials in the 2012 budget.
SPECIAL TOWN BOARD MEETING OCTOBER 3, 2011
*Pay Increases
BE IT RESOLVED that the Town Board of the Town of Ulysses give elected officials
1% pay increase and non-elected officials 2% pay increase.
REGULAR TOWN BOARD MEETING OCTOBER 10, 2011
*Budget Modifications 2011 Budget
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the following budget
modifications for 2011:
Increase A9055.8 Disability Insurance $300.00
Decrease A1910.4 Unallocated Insurance 300.00
Increase A7310.1 Youth Program PS 300.00
Decrease A7410.4 Library 300.00
Increase DA5130.2 Machinery EQ 10,000.00
Increase DA 599 App. Fund Balance 10,000.00
*Claims / Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous
examined vouchers #’s 412 through 451 in the amount of $14,575.81.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of
the Public Hearing of 9/27/2011, the Special Town Board meetings of 8/25/2011,
9/8/2011, 9/15/2011 and 9/27/2011 and the Regular Town Board meeting of 9/13/2011.
*Contribution TCCOG sponsored DEC hearing
BE IT RESOLVED that the Town Board of the Town of Ulysses contribute $300 to help
defray costs of the TCCOG sponsored DEC hearing to hear comments for the
Environmental Impact study.
*Pay Increases/lump sum payment towards insurance
BE IT RESOLVED that the Town Board of the Town of Ulysses give a 1% pay increase across
the board and a lump sum payment of $150 to all insured employees.
*Tentative Budget to Preliminary Budget
BE IT RESOLVED that the Town Board of the Town of Ulysses moves the 2012
tentative budget to preliminary as amended in the previous resolution.
*Resolution to Retract Drilling Regulations
RESOLUTION TO ASK THE NEW YORK DEPARTMENT OF ENVIRONMENTAL
CONSERVATION OR NEW YORK STATE LEGISLATURE TO DELAY THE RELEASE OF
HYDROFRACTURING REGULATIONS UNTIL AFTER THE REVISED DRAFT
SUPPLEMENTAL GENERIC ENVIRONMENTAL IMPACT STATEMENT IS FINALIZED.
WHEREAS the revised draft supplemental Generic Environmental Impact Statement (sGEIS) is
currently under review; and
WHEREAS the Department of Environmental Conservation concurrently released the proposed
regulations that will govern high volume hydraulic fracturing for natural gas; and
WHEREAS Towns, Villages, Cities, and Counties were unaware that both documents would be
released at once and are taxed with the enormity of reviewing the 1000+-page sGEIS alone much
less two lengthy and complex documents; and
WHEREAS the Town Board of the Town of Ulysses feels it imperative that the revised sGEIS
be properly finalized PRIOR to drafting regulations as the sGEIS should impact how the
regulations are written.
WHEREAS small rural municipalities in the center of the Utica and Marcellus Shale gas deposits
are staffed sparingly and have little to no support to help them address the additional work
required for these types of reviews.
THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses requests that
either the DEC Commissioner or the New York State Legislature require the DEC to release the
draft regulations governing high volume hydraulic fracturing AFTER the sGEIS is finalized in
order to allow time for municipalities to properly absorb the vast amounts of information and
respond accordingly.
SPECIAL TOWN BOARD MEETING OCTOBER 25. 2011
*Alter 2012 Budget Cayuga Lake Scenic Byway
BE IT RESOLVED that the Town Board of the Town of Ulysses alter the 2012 budget to
make a new expenditure line of $500 to include the Cayuga Lake Scenic Byway
Geocache Trail.
FURTHER RESOLVE that this expense be funded from the contingency account being
reduced by $500.
*Executive session
BE IT RESOLVED that the Town Board of the Town of Ulysses adjourn to Executive
Session to discuss a legal matter with Attorney Geldenhuys.
*Engage firm for Amicus Brief
BE IT RESOLVED that the Town Board of the Town of Ulysses engage the firm
of Whiteman, Osterman & Hanna LLP to prepare an amicus brief for submission in
Anschutz Exploration Corporation vs Town of Dryden lawsuit, working in cooperation
and consultation with the Town of Ulysses’s attorney. The Board approves payment of a
retainer of $1,000 and hourly fees in excess of that amount as needed to prepare and
submit the brief.
SPECIAL TOWN BOARD MEETING NOVEMBER 3, 2011
*Adoption of 2012 Budget
BE IT RESOLVED that the Town Board of the Town of Ulysses adopts the Preliminary Budget
version 2 as presented at the November 3, 2011 meeting as the 2012 Town of Ulysses Budget
(attached with these minutes).
SPECIAL TOWN BOARD MEETING NOVEMBER 8, 2011
*Amicus Curiae Brief
RESOLUTION AUTHORIZING (1) AN APPLICATION TO REQUEST AMICUS
CURIAE STATUS IN THE MATTER OF COOPERSTOWN HOLSTEIN
CORPORATION V. TOWN OF MIDDLEFIELD AND (2) ENTERING INTO A
RETAINER AGREEMENT FOR THIS PURPOSE WITH LEGAL COUNSEL
WHEREAS, the Town Board of the Town of Ulysses (hereafter “Town Board”) retained
the law firm of Whiteman, Osterman and Hanna to prepare and submit an amicus curiae
brief in the matter of Anschutz Exploration Corp. v. Town of Dryden; and
WHEREAS, a motion for summary judgment has been filed in the matter of
Cooperstown Holstein Corporation v. Town of Middlefield (Otsego County Index No.
20110930) and is returnable on November 18, 2011; and
WHEREAS, the outcome of the Middlefield case is important to the Town of Ulysses, in
light of its adoption of Local Law no. ___ of 2011, which clarifies that natural gas
exploration, natural gas extraction and the storage, transfer, treatment or disposal of
natural gas exploration and production wastes is prohibited in the Town of Ulysses;
NOW, THEREFORE, BE IT
RESOLVED that the Town Board will seek amicus curiae status in the matter of Holstein
Corporation v. Town of Middlefield and seek consent of the court to submit an amicus
curiae brief; and be it further
RESOLVED that the Town Board will retain Whiteman, Osterman and Hanna to provide
legal services to the Town in connection with the preparation and submission of the
amicus curiae brief; and be it further
RESOLVED that the Supervisor or a Deputy Supervisor is hereby authorized to sign the
retainer letter with Whiteman, Osterman and Hanna for such legal representation and
services.
REGULAR TOWN BOARD MEETING NOVEMBER 16, 2011
*Budget Modifications for 2011
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the following
budget modifications for 2011.
*Claims / Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approve payment of
vouchers #452 to #502 for a total of $86,240.45.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of
10/03/11 Budget Meeting and the 10/11/11 Regular Meeting as written by Ms. Georgia and
edited by Ms. Poelvoorde.
*Appointment to EMC
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Lucia Tyler to the
EMC for 2012.
*Winterfest Contribution
BE IT RESOLVED that the Town Board of the Town of Ulysses approves allocation of $3,000
for the 2011 Winterfest event.
*Executive Session
Ms. Marino moved, seconded by Mr. Romer to adjourn to Executive Session. Board voted
unanimously to adjoin at 9:50 p.m.
SPECIAL TOWN BOARD MEETING DECEMBER 5, 2011
*Holiday Gathering
BE IT RESOLVED that the Town Board of the Town of Ulysses approves to pay for sandwiches
and dinners for the employee’s at the Holiday Party.
*Reject EMS Service from Village of Trumansburg
BE IT RESOLVED that the Town Board of the Town of Ulysses rejects the contract for
Emergency Management Services as presented by the Village of Trumansburg dated 12/02/11.
REGULAR TOWN BOARD MEETING DECEMBER 13, 2011
**2011 Budget Modifications
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the following
2011 Budget modifications.
A Fund
1220.12 Dep Supervisor PS increase $ 1,800.00
1420.4 Attorney CE increase $ 14,000.00
1620.4 Town Hall EQ increase $ 500.00
1650.4 Central Comm CE increase $ 1,000.00
7310.1 Youth Prog PS increase $ 20.00
$ 17,320.00
1220.4 Supervisor CE decrease $ 4,000.00
1101.1 Admin Asst PS decrease $ 5,000.00
9010.8 NYS Retirement decrease $ 1,985.00
$ 10,985.00
Revenue line
599 Approp Fund Balance increase $ 6,335.00
$ 17,320.00
B Fund
B3620.1 Safety Insp PS increase $ 4,500.00
B1420.4 Attorney CE increase $ 13,000.00
$ 17,500.00
B8020.1 Planner PS decrease $ 10,500.00
B8021.4 Planner CE decrease $ 1,000.00
B3620.2 Dep Safety Insp PS decrease $ 3,000.00
B9010.8 NYS Retirement decrease $ 3,000.00
$ 17,500.00
DB Fund
9010 NYS Retirement increase $ 1,675.00
5110.4 Highway Maint CE decrease $ 1,675.00
Water Funds
SW3 9030.83 Social Security increase $ 200.00
SW3 8340.2 WD3 Trans/Dist EQ decrease $ 200.00
**Approving Claims/Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previously
examined vouchers numbered 507 through 550 in the amount of $31,315.87.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of
the Special Town Board Meetings of October 25, 2011 and November 8, 2011 as edited.
**EMS / Fire Agreement 2012
BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the Agreement
with the Village of Trumansburg for Fire and Ambulance service for 2012 with
clarification on section 7. and move to present the agreement at a Public Hearing on
December 19 2011.
**Town of Ithaca Water Agreement Amendment
BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the agreement
with the Town of Ithaca, with corrections, to equitably distribute the cost of water loss in
the lines serving the Town of Ulysses District 3.
TOWN OF ULYSSES FOR ULYSSES WATER DISTRICT NUMBER 3
WHEREAS the Town Board of the Town of Ithaca and the Town Board of the Town of Ulysses
entered into an agreement to share water service for Ulysses Water District Number 3 and Town
of Ithaca residences in the Woolf Lane area on October 30, 2003 and
WHEREAS there was disagreement since 2003 over the exact amount of water used in each
municipality and 2004 over billings for water delivered to the Town of Ulysses and
WHEREAS when all water use and billing issues were resolved in August, 2011 it was mutually
agreed that the two towns would determine a formula for calculating water loss in the Woolf
Lane area of the Town of Ithaca for reimbursing the Town of Ulysses for such loss
NOW THEREFORE BE IT
RESOLVED that both towns agree that the formula for water loss developed by the American
Water Works Association as follows is mutually acceptable:
L=SD(P).5/133,200
L – allowable leakage, in gallons per hour
S – length of pipe, in feet
D – nominal diameter of the pipe, in inches
P – average operating pressure of 100 PSI in Ulysses and 115 PSI in
Ithaca
and
FURTHER RESOLVED that using the American Water Works Association formula results in
current percentages of water lost: 83 will be the responsibility of Ulysses and 17 the
responsibility for Ithaca and
FURTHER RESOLVED that Section 6 of the Water Service Agreement of 2003 is amended by
adding the following:
“Not withstanding the preceding the Town of Ithaca agrees to reimburse the Town of Ulysses
annually an amount equal to 16.3 percent of the unaccounted for water loss based on the
American Water Works Association formula as follows
L=SD(P).5/133,200
L – allowable leakage, in gallons per hour
S – length of pipe, in feet
D – nominal diameter of the pipe, in inches
P – average operating pressure of 100 PSI in Ulysses and 115 PSI in
Ithaca
with adjustments made on a yearly basis should any calculation component change.”
As an example the 2011 calculations are:
TOU L = 45,990 x 10 x (100).5 / 133,200
L = 34.53 gal/hr (multiply by 24 hrs/day x 90 days/qtr)
Loss = 74585 gallons/qtr
TOI L = 9,100 x 10 x (115).5 / 133,200
L = 7.33 gal/hr
Loss = 15,824 gal/qtr
Total loss = 361636 gal/yr
Water loss (also termed “unaccounted for water”) will be calculated as the difference between
the total metered water volume billed to the Town of Ulysses by the Town of Ithaca and the total
of Ulysses metered usage (including all authorized sales to users outside water district 3 and a
metered volume of water from hydrant flushing required to address water quality in dead end
lines, water main breaks and meter failures). The Town of Ulysses will provide the quarterly
billing totals for all metered use in Ulysses to the Town of Ithaca in a spreadsheet report, along
with a confirmation of the total metered volume billed to the Town of Ulysses by the Town of
Ithaca and a calculation of the quarterly water loss. Quarterly tracking of the water loss will
help alert both municipalities to potential problems that may need attention.
The Town of Ulysses will send the Town of Ithaca an invoice once per year for the total amount
due from the Town of Ithaca for the previous four billing quarters, in January.
Each town also agrees to conduct an annual check of its system to find any leaks or other causes
of lost water and to report the results to the other town.
PUBLIC HEARING / SPECIAL TOWN BOARD MEETING DECEMBER 19, 2011
**Fire & Rescue Squad Protection agreement with Village of Trumansburg
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the Fire and
Rescue Squad Protection contract between the Town of Ulysses and the Village of
Trumansburg as presented at this meeting.
***Comments/Cover letter on HVHF Regulations
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the cover
letter and comments on HVHF regulations as presented on December 19, 2011 by Ms.
Thomas.
** Comments/Cover letter on SGEIS
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the cover
letter and the dSGEIS comments on the impact of oil, gas and solution mining as
presented on December 19, 2011 by Ms. Thomas.
**Excepting quotes for Insurance
BE IT RESOLVED that the Town Board of the Town of Ulysses approves accepting the
quote from E.C. Cooper for insurance coverage for 2012.
**Solar Lease Program
Whereas the Buffalo, NY-based vendor and lessor Solar Liberty is offering a 15 year
Municipal Solar Lease Program to install and maintain solar electric systems on qualified
buildings owned by New York State Municipalities, and
Whereas the terms of said lease guaranty that the energy savings achieved by the Town
with the solar panel systems on the Town Hall roof and the Town Barn roof will cover or
exceed the cost of the annual lease, and
Whereas the projected net energy cost savings to the Town after payment of $2676 per
year for the two leases is estimated at $1900 per year, or $28500 over the 15 year lease,
and
Whereas Tompkins County has also researched and considered this opportunity and has
decided to enter into al ease agreement with Solar Liberty, and the County has shared
their findings and positive recommendations with Ulysses, and
Whereas this solar panel investment opportunity will save the Town taxpayers money and
supports the Town’s goal of reducing greenhouse gas emissions from fossil fuels and
promotes the use of cleaner, renewable sources of energy,
Be it Resolved that the Ulysses Town Board hereby authorizes Supervisor Roxanne
Marino to sign all the necessary documents to enter into a 15 year lease with Solar
Liberty for a 24.4 kW solar panel system on the Town Barn and an 18.5 kW solar panel
system on the Town Hall, pending final acceptance of the contract details by the
Supervisor in consultation with the town’s attorney.
***Appointments Planning Board/Zoning Board
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the
reappointment of Mr. Andy Glasner to the Board of Zoning Appeals and Mr. Stan
Beames to the Planning Board.
***Pre-tax Medical Benefits Package (125 Plan)
BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Mary
Bouchard, Town Bookkeeper, to establish a Pre-tax Medical Benefits Package (125 Plan)
according to the IRS guidelines.