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HomeMy WebLinkAbout2012 Index of Resolutions Page 1 INDEX OF 2012 RESOLUTIONS INDEX OF 2012 RESOLUTIONS Contents INDEX OF 2012 RESOLUTIONS ................................................................................................................. 1 ORGANIZATIONAL MEETING JANUARY 6, 2012 .................................................................................... 7 **Resolution 1: Town Board Monthly Meetings ............................................................................... 7 **Resolution 2: Claim Procedure ..................................................................................................... 7 **Resolution 3: Designated News Media ......................................................................................... 8 **Resolution 4: Distribution of Town Board Minutes ....................................................................... 9 **Resolution 5: Mileage Reimbursement ......................................................................................... 9 **Resolution 6: Town Clerk’s Petty Cash .......................................................................................... 9 **Resolution 7: Crime Coverage ...................................................................................................... 9 **Resolution 8: Annual Supervisor’s Financial Report filing .............................................................. 9 **Resolution 9: Tompkins Trust Company designated depository .................................................... 9 **Resolution 10: Annual Town Board Audit ................................................................................... 10 **Resolution 11: Procurement Policy............................................................................................. 10 **Resolution 12: Bookkeeper Appointment ................................................................................... 10 **Resolution 13: Appointment 1st & 2nd Deputy Supervisor’s ......................................................... 10 **Resolution 14: Establishing Office of Deputy Town Clerk ............................................................ 10 **Resolution 15: Establishing Office of Deputy Highway Superintendent ....................................... 10 **Resolution 16: Establishing Office of Court Clerk ........................................................................ 11 **Resolution 17: Establishes Position & Appointment of Water Distribution and Maintenance Operator ........................................................................................................................................ 11 **Resolution (not numbered) Authorizing Supervisor to sign Cleaning Contract ............................ 11 **Resolution 18: Establishing Payroll Periods................................................................................. 11 **Resolution 19: Establishing Pay Rates Employees/Elected Officials ............................................. 11 **Resolution 20: Time Cards .......................................................................................................... 12 Page 2 **Resolution (not numbered) Town Clerk/Highway Superintendent be removed from resolution 19 & 20............................................................................................................................................... 15 **Resolution 21: Town Board Appointments ................................................................................. 15 **Resolution 22: Town Attorney Appointment .............................................................................. 17 **Resolution 23: Adopted Policies ................................................................................................. 17 **Resolution 24: Public adding agenda items ................................................................................ 17 **Resolution 25: Individuals/special needs .................................................................................... 17 **Resolutions 26: Resolution Index ............................................................................................... 17 **Resolution 27: Prohibition about gifts from Municipalities ......................................................... 17 **Resolution 28: Organizational Resolutions subject to amendment ............................................. 18 **Resolution 29: Shared Highway Services Agreement .................................................................. 18 REGULAR TOWN BOARD MEETING JANUARY 10, 2012 ....................................................................... 18 **Resolution 30: 2011 Budget Modifications ................................................................................. 18 **Resolution 31: Approval of Claims .............................................................................................. 19 **Resolution 32: Approval of Minutes ........................................................................................... 19 **Resolution 33: Premium-Only Plan ............................................................................................. 19 **Resolution 34: Crime Coverage (Resolution 7 Organizational Meeting) ...................................... 19 **Resolution 35: Attorney Appointment (Resolution 22 Organizational Meeting) .......................... 20 **Resolution 36: Employee Time and Leave Reporting (Resolution 20 Organizational Meeting)20 **Resolution 37: Cleaning Contract ............................................................................................... 20 SPECIAL TOWN BOARD MEETING - JANUARY 23, 2012 ....................................................................... 20 **Resolution 38: Short-term Disability Benefit Policy ..................................................................... 20 **Resolution 39: EPA Funding for NY Rural Water Association ....................................................... 21 **Resolution 40: EMS – Initiating process to form Ambulance District ........................................... 21 Resolution 41: Approval of Minutes 1/10/2012 .............................................................................. 21 REGULAR TOWN BOARD MEETING - FEBRUARY 14, 2012 ................................................................... 21 **Resolution 42: Claims/Minutes .................................................................................................. 21 **Resolution 43: Delegate to NYS Association meeting .................................................................. 21 **Resolution 44: Illicit Discharge Law ............................................................................................ 22 **Resolution 45: Appointment to Recreation Partnership.............................................................. 22 SPECIAL TOWN BOARD MEETING - FEBRUARY 28, 2012 ..................................................................... 22 **Resolution 46: SEQR for Storm Sewer System and Surface Waters Protection ............................ 22 Page 3 **Resolution 47: Local Law 1 – Storm Sewer System And Surface Waters Protection ..................... 23 REGULAR TOWN BOARD MEETING – MARCH 13, 2012 ...................................................................... 24 **Resolution 48 – Agenda Approval/Budget Modifications/Claims/Minutes .................................. 24 **Resolution 49 – Renovation of Town Historical Markers ............................................................. 25 **Resolution 50 – Additional Funds for Temporary Court Clerk...................................................... 25 **Resolution 51 – Open Meeting wording in Town Procedures...................................................... 25 **Resolution 52 – Presenter of Power Point for EMS have final approval ....................................... 25 **Resolution 53 – Town Hall Maintenance Contract ...................................................................... 25 **Resolution 54 – FAILED – Highway Shared Services ................................................................... 25 **Resolution 55 – Employee Bus Pass Benefit ............................................................................... 26 **Resolution 56 – Rifle Hunting ..................................................................................................... 27 SPECIAL TOWN BOARD MEETING - MARCH 27, 2012 ......................................................................... 27 **Resolution 57 – Vouchers ........................................................................................................... 27 **Resolution 58 – Appointment of Cheryl Thompson “Local Assessment Review” ......................... 28 **Resolution 59 – Fair Housing Law .............................................................................................. 28 REGULAR TOWN BOARD MEETING – APRIL 10, 2012.......................................................................... 28 **Resolution 60 - Agenda/Claims/Minutes ................................................................................... 28 **Resolution 61 - Superint endent James Meeker to attend the municipal action.............................. 29 **Resolution 62 - Rules and Procedure **note this was re-voted on 5/8/2012 ............................. 29 **Resolution 63 - Computer Security ............................................................................................ 29 **Resolution 64 - Cayuga Lake Triathlon ........................................................................................ 32 **Resolution 65 - TC Health Care Consortium Join Committee Plan Structure/Design .................... 32 ** Resolution 66 - Taxation of Natural Gas..................................................................................... 33 **Resolution 67 - Time Warner Cable Negotiations with TCCOG .................................................. 34 SPECIAL TOWN BOARD MEETING APRIL 17, 2012 ............................................................................... 35 **Resolution 68 - Joint Meeting Town & Village for EMS Discussion ............................................. 35 REGULAR TOWN BOARD MEETING MAY 8, 2012 ................................................................................ 36 *Resolution 69 – Agenda/Budget Modifications/Claims/Minutes .................................................. 36 **Resolution 70 – Assign Funds for Legal Expenses ....................................................................... 36 **Resolution 71 – Rules and Procedures ........................................................................................ 36 **Resolution 72 – Hazardous Waste .............................................................................................. 41 SPECIAL JOINT TOWN BOARD/VILLAGE BOARD MEETING MAY 15, 2012 ............................................ 42 Page 4 **Resolution - NO RESOLUTIONS ................................................................................................... 42 SPECIAL TOWN BOARD MEETING MAY 22, 2012 ................................................................................ 42 **Resolution 73 – Vouchers ........................................................................................................... 42 REGULAR TOWN BOARD MEETING JUNE 12, 2011 ............................................................................. 42 **Resolution 74 – Agenda/Budget Modifications/Claims/Minutes ................................................. 42 **Resolution 75 – Roof Contract - $15,800 for a new roof on the Town Hall .................................. 43 **Resolution 76 – Recreation Partnership Agreement ................................................................... 43 **Resolution 77 – Revised Retainer Agreement With Whiteman Osterman & Hanna For Work On Amicus Briefs. 44 **Resolution 78 – Change on Agenda ............................................................................................ 44 **Resolution 79 – Ems - Resolution Outlining Emergency Medical Service Options For The Town Of Ulysses In 2013 And 2014. 44 Resolution 80 - Resolution to State Requesting Permission to Regulate Docks, Moorings and Boathouses 49 SPECIAL TOWN BOARD MEETING JUNE 26, 2012 ............................................................................... 50 ** Resolution 81 - Board of Zoning Appeals & Planning Board Attendance & Training Policy .......... 50 REGULAR TOWN BOARD MEETIN JULY 7, 2012 .................................................................................. 51 **Resolution 82 – Agenda/Budget Modifications/ Claims/ Minutes .............................................. 51 **Resolution 83 – Appointment of Barbara Bristol ......................................................................... 52 **Resolution 84 – Black Diamond Trail – NYS Consolidated Funding Application ............................ 52 **Resolution 85 – News Letter Information ................................................................................... 52 **Resolution 86 – Purchase Hot Water Heater .............................................................................. 52 **Resolution 87 – Executive Session .............................................................................................. 53 WORKING SESSION JULY 24, 2012 ...................................................................................................... 53 **Resolution 88 – Vouchers ........................................................................................................... 53 **Resolution 89 – Executive Session .............................................................................................. 53 REGULAR TOWN BOARD MEETING AUSGUST 14, 2012 ...................................................................... 53 **Resolution 90 – Agenda/Claims Minutes .................................................................................... 53 **Resolution 91 – Land Purchase – for Seneca Road Bridge Project ............................................... 53 **Resolution 93 – Purchase Hot Water Heater .............................................................................. 53 ** Resolution 94 – Contract HSC Install Balancing Dampers ........................................................... 53 WORKING MEETING AUGUST 28, 2012 .............................................................................................. 54 Page 5 **No resolutions ........................................................................................................................... 54 REGULAR TOWN BOARD MEETING SEPTEMBER 11, 2012................................................................... 54 **Resolution 95 - Agenda/Claims/Minutes/Corrected Minutes ...................................................... 54 **Resolution 96 - Community Foundation for Youth Employment ............................................... 54 **Resolution 97 - ZBA Appointment Carl Mann ............................................................................. 54 **Resolution 98 - Extension on Ag Land Protection Contract ......................................................... 54 **Resolution 99 - Local Law to Override Tax Cap ........................................................................... 54 **Resolution 100 - Public Hearing Date set for Local Law ............................................................... 55 **Resolution 101 - Adjourn Executive Session ............................................................................... 55 **Resolution 102 - Broadband Grant Participation ........................................................................ 55 **Resolution 103 - Approve Non-Elected Performance Review Form ............................................. 56 WORKING TOWN BOARD MEETING SEPTEMBER 25, 2012 ................................................................. 56 **Resolution 104 – Executive Session ............................................................................................ 56 WORKING TOWN BOARD MEETING 2013 BUDGET OCTOBER 3, 2012 ................................................ 56 **No Resolutions ........................................................................................................................... 56 PUBLIC HEARING OCTOBER 9, 2013 – LOCAL LAW 2 -2012 TAX LEVY LIMIT ........................................ 56 REGULAR TOWN BOARD MEETING OCTOBER 9, 2012 ........................................................................ 56 **Resolution 105 – Agenda/Budget Modifications/Claims/Minutes ............................................... 56 **Resolution 106 – Local Law 2 – 2012 A Local Law to Override the Tax Levy Limit Established in General Municipal Law §3-C 57 **Resolution 107 – Executive Session ............................................................................................ 58 SPECIAL TOWN BOARD MEETING OCTOBER 10, 2013 ........................................................................ 58 **No Resolutions – Presentation of Draft Lakeshore Zoning and Conservation Zone to TB ............. 58 WORKING TOWN BOARD MEETING OCTOBER 12, 2012 ..................................................................... 58 **Resolution 108 – Tentative Budget to Preliminary Budget .......................................................... 58 **Resolution 109 – Set Date for Public Hearing on 2013 Budget .................................................... 58 PUBLIC HEARING OCTOBER 23, 2012 – 2013 BUDGET ........................................................................ 58 TOWN BOARD WORKING MEETING OCTOBER 23, 2012 ..................................................................... 58 **No Resolutions ........................................................................................................................... 58 PUBLIC INFORMATIONAL MEETING OCTOBER 24, 2012 – LAKESHORE / CONSERVATION ZONE .......... 58 **No Resolutions ........................................................................................................................... 58 SPECIAL TOWN BOARD MEETING OCTOBER 24, 2012 ........................................................................ 58 Page 6 **Resolution 110 - REQUESTS FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION INFORMATION FROM THE VILLAGE OF TRUMANSBURG NEEDED TO EVALUATE CONTRACT DECISIONS FOR THE TOWN OF ULYSSES IN 2013. 58 REGULAR TOWN BOARD MEETING NOVEMBER 13, 2012 ................................................................... 60 **Resolution 110 – Agenda/Budget Modifications/Claims/Minutes ............................................... 60 **Resolution 111 – Steps to follow EMS and Fire Issues ................................................................. 61 **Resolution 112 – Establishing Ad Hoc Committee for Lakeshore Zoning ..................................... 62 **Resolution 113 – Ideal Self-storage Expansion Request .............................................................. 62 **Resolution 114 – Contract for Purchase Property Seneca Road Bridge........................................ 63 **Resolution 115 – 2013 Budget to Preliminary ............................................................................. 63 **Resolution 116 – Ulysses Youth Commission AT-large member Appointment............................. 63 SPECIAL TOWN BOARD MEETING – NOVEMBER 16, 2012 .................................................................. 63 **Resolution 117 – Court Audit ..................................................................................................... 63 **Resolution 118 – Approval of Final Draft Agriculture and Farmland Protection Plan ................... 63 WORKING MEETING TOWN BOARD – NOVEMBER 27, 2012 ............................................................... 63 **Resolution 119 – Minutes/Budget Modifications ........................................................................ 63 **Resolution 120 – Ulysses Water Tower Monitor – Contract with Phoenix Sentry ........................ 64 **Resolution 121 – Water Rate Increase for 2013 .......................................................................... 64 REGULAR TOWN BOARD MEETING DECEMBER 11, 2012 .................................................................... 65 Resolution # 122 – Budget Modifications ....................................................................................... 65 Resolution #123 – Claims/Minutes ................................................................................................. 66 Resolution #124 –Support for T of Lansing joining TC Health Care Consortium ............................... 66 Resolution # 125 – Recommends appointment of Thys VanCort to Ad Hoc Committee .................. 66 Resolution #126 – Rescind Resolution to Recommend appointment of Thys VanCort..................... 66 Resolution # 127 – Thys VanCort to Ad Hoc Committee – RESOLUTION FAILED .............................. 66 Resolution #128 – Table re-applying to NYS for Dock Regulations .................................................. 66 Resolution #129 – Set Date for Public Hearing/Public Information Meeting for Ulysses Agriculture and Farmland Protection Plan ....................................................................................................... 67 Resolution # 130 – Emergency Radio Upgrades Purchase ............................................................... 67 Resolution #131 – Requesting Extension of Time for Review of the Revised Regulations for High Volume Hydraulic Fracturing .......................................................................................................... 67 Resolution #132 – Adjourn to Executive Session ............................................................................ 68 Page 7 SPECIAL TOWN BOARD MEETING DECEMBER 20, 2012 ...................................................................... 68 Resolution #133 – Adjourn to Executive Session ............................................................................ 68 Resolution #134 – Approval of Fire & EMS Contract ....................................................................... 68 Resolution #135 – Approval of Letter to Village’s Attorney............................................................. 69 Resolution #136 –Accepts Insurance proposal from NYMIR ........................................................... 69 Resolution #137 – Authorization to Sign Fire & Ems Contract to Deputy Supervisor Thomas .......... 69 Resolution #138 - Authorizes Councilman Romer to purchase five (5) portable radios ................ 69 Resolution #139 – Lakeshore Ad Hoc Committee ........................................................................... 69 Resolution #140 - ........................................................................................................................... 70 ORGANIZATIONAL MEETING JANUARY 6, 2012 **Resolution 1: Town Board Monthly Meetings Resolution 1: 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. **Resolution 2: Claim Procedure Resolution 2: 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 to see 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 Page 8 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 Monday 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 (January to June, July to December) as appointed by the Supervisor. Each sub-committee member will initial each invoice after review is complete. Any questions should be brought to the attention of the Town Supervisor or Bookkeeper. 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. **Resolution 3: Designated News Media Resolution 3: 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. Page 9 **Resolution 4: Distribution of Town Board Minutes Resolution 4: 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, Buil ding Inspector/Code Enforcement Officer, Environmental Planner/Zoning 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. **Resolution 5: Mileage Reimbursement Resolution 5: BE IT RESOLVED mileage at a rate of $0.555 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. **Resolution 6: Town Clerk’s Petty Cash Resolution 6: BE IT RESOLVED that the Town Clerk’s petty cash fund of $150 is extended for the year 2012. **Resolution 7: Crime Coverage BE IT RESOLVED that the following crime coverage for Town officials, appointees and employees is hereby approved: Money inside premises $100,000 ($1,000 deductible) Money outside premises $100,000 ($1,000 deductible) Forgery and alteration $250,000 ($2,500 deductible) Public Employee Dishonesty $500,000 ($2,500 deductible) Public Employee Faithful Performance of Duty $500,000 ($2,500 deductible) Total premium for 2012: $2,100 **Resolution 8: Annual Supervisor’s Financial Report filing Resolution 8: 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. **Resolution 9: Tompkins Trust Company designated depository Resolution 9: 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, Page 10 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. **Resolution 10: Annual Town Board Audit Resolution 10: BE IT RESOLVED that the Town Board of the Town of Ulysses will do the Annual Audit of the books for each department on Friday February 10, 2012 at 8:30am **Resolution 11: Procurement Policy Resolution 11: BE IT RESOLVED that the Town Procurement policy as adopted on November 17, 2010 is the guidance document for 2012 purchases. The Town Clerk will direct all department heads and Town Board members to review the Procurement Policy on the internal side of the Town website at http://ulysses.ny.us/pages/intranet/. **Resolution 12: Bookkeeper Appointment Resolution 12: BE IT RESOLVED that the Supervisor is authorized to appoint a Town Bookkeeper, with an annual budgeted salary as set by the Town Board. The Supervisor hereby appoints Mary Bouchard, CPA as the Town Bookkeeper. **Resolution 13: Appointment 1st & 2nd Deputy Supervisor’s Resolution 13: BE IT RESOLVED that the Town Board has established the Office of first Deputy Supervisor and second Deputy Supervisor in 2012. The first Deputy Supervisor acts for and in place of the Supervisor in her/his absence. The annual budgeted salary of the first Deputy Supervisor and the second Deputy Supervisor is set by the Town Board. In accordance with Town Law, the Supervisor appoints Sue Poelvoorde and Elizabeth Thomas as the Deputy Supervisors. **Resolution 14: Establishing Office of Deputy Town Clerk Resolution 14: BE IT RESOLVED that the Town Board has established the Office of Deputy Town Clerk, to continue in 2012 at an annual budgeted salary as set by the Town Board. 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 9, 2012, and notify the Supervisor as such, in order for the appointment to be reflected in the first payroll of 2012. **Resolution 15: Establishing Office of Deputy Highway Superintendent Resolution 15: BE IT RESOLVED that the Town Board has established the office of Deputy Highway Superintendent, to continue in 2012. 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 Page 11 Highway Superintendent by January9, 2012, and notify the Supervisor as such, in order for the appointment to be reflected in the first payroll of 2012. **Resolution 16: Establishing Office of Court Clerk Resolution 16: 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 budgeted salary as set by the Town Board. 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 9, 2012, and notify the Supervisor as such, in order for the appointment to be reflected in the first payroll of 2012. **Resolution 17: Establishes Position & Appointment of Water Distribution and Maintenance Operator Resolution 17: 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 Town Board appoints Doug Austic as Water Superintendent with a salary as set by the Town Board for the 2012 calendar year. **Resolution (not numbered) Authorizing Supervisor to sign Cleaning Contract BE IT RESOLVED that the Town Board authorizes Ms. Marino to sign the cleaning contract at the rate of $643/month with Melanie Steverson-Jarvis. **Resolution 18: Establishing Payroll Periods Resolution 18: 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 **Resolution 19: Establishing Pay Rates Employees/Elected Officials Resolution 19: BE IT RESOLVED that the Town Board hereby establishes the following pay rates for employees and elected officials in 2012. If necessary to appoint a new employee or replace an elected official during the year of 2012, the Town Board will establish a salary commensurate with the experience and availability of funds: Page 12 Position 2012 Budgeted Appropriation hourly rate if applicable Supervisor $15,302 Deputy Supervisor $22,880 $22/hr. Town Board Administrative Assistant $10,300 $22/hr. Bookkeeper $18,406 Councilperson $4,035.50 Town Clerk $60,175 Deputy Town Clerk $29,261 Town Justice $15,642 each Court Clerk $32,226 Enforcement Officer for Building Code $29,283 Deputy Enforcement Officer $10,400 $18.80 Zoning Officer $26,000 Planner $26,000 Planning and Zoning Clerk $6,120 $15.91 Highway Superintendent $56,727 Deputy Highway Superintendent multiple budget lines $20.86 Highway Machine Equipment Operators Laborer multiple budget lines multiple budget lines $16.30 - $18.30 $12.78 Water Distribution & Maintenance Operator $14,790 Water District Laborer $4,339 $18.44 **Resolution 20: Time Cards Resolution 20: BE IT RESOLVED all hourly employees shall turn in a Town of Ulysses time card by the end of the last day of the pay period. Salaried employees shall report time used for vacation, sick time, Page 13 holiday or other time off on a Town of Ulysses time card to maintain accurate records of benefit time used. No pay will be issued without a time card that has been signed by the employee and employee’s supervisor and submitted to the Bookkeeper. If the employee is submitting electronically to the Bookkeeper, the Department Head / Employee Supervisor must give electronic approval as part of the time card submission. Salaried and hourly workers and full-time elected officials should use this time card to submit sick, vacation, holiday and personal time off. It is the responsibility of the employee’s supervisor to assure the time card is accurate. FURTHER RESOLVED that to maintain accountability of all employees who work for the town and to clarify supervisory roles, the following listing specifies employee supervisors. Each employee supervisor is responsible for maintaining and submitting time cards (if required), vacation, personal, and sick days used by each employee. Time off for each employee must be reported to Bookkeeper who will maintain records. The Employee Supervisor approves employee reporting of time off. Page 14 Employee Employee Supervisor Deputy Supervisor Roxanne Marino, Town Supervisor Town Board Administrative Assistant Roxanne Marino, Town Supervisor Bookkeeper Roxanne Marino, Town Supervisor Town Clerk * Deputy Town Clerk Marsha Georgia, Town Clerk Court Clerk Thomas Schlee or Mark Dresser, Town Justices Enforcement Officer Roxanne Marino, Town Supervisor Deputy Enforcement Officer Alex Rachun, Enforcement Officer Zoning Officer/Planner Alex Rachun, Enforcement Officer Planning and Zoning Clerk Darby Kiley, Zoning Officer/Planner Highway Superintendent * Deputy Highway Superintendent Highway Superintendent Highway Machine Equipment Operators Laborer Highway Superintendent Water District Laborer Water Distribution and Maintenance Operator *these elected officials will submit their sick and vacation time take to the bookkeeper each pay period who will forward that information to the Town Board monthly. Page 15 **Resolution (not numbered) Town Clerk/Highway Superintendent be removed from resolution 19 & 20 BE IT RESOLVED that the Town Clerk and Highway Supervisor positions be removed from the information in Resolution 19 and Resolution 20 of the Organizational meeting. **Resolution 21: Town Board Appointments Resolution 21: BE IT RESOLVED that the Town Board makes the following appointments and request that each appointee a report to the Town Board at least annually: A. Planning Board Chairperson Ken Zeserson B. Board of Zoning Appeals Chairperson George Tselekis C. Clerk for Planning Board and Board of Zoning Appeals Robin Carlisle-Peck D. Board of Assessment Review vacant, David Means E. Tompkins County Environmental Management Council (EMC) Lucia Tyler F. Tompkins County Water Resources Council (WRC) Bill George & Darby Kiley G. Tompkins County Stormwater Coalition Darby Kiley H. Trumansburg Ulysses Youth Commission Reps vacant I. Recreation Partnership representative vacant J. Tompkins County Youth Services Board vacant K. Ithaca/Tompkins County Transportation Council Planning Committee Sue Poelvoorde L. Ithaca/Tompkins County Transportation Council Policy Committee Sue Poelvoorde (for Supervisor) M. Tompkins County Council of Governments R. Marino/ L. Thomas alternate N. Tompkins County Area Development Dave Kerness O. Fair Board liaison Kevin Romer P. Historian Nancy Dean Q. Lakeshore Zoning Committee Chairperson Don Smith Page 16 R. Water District Advisory Board Chairperson Diane Hillman S. Tompkins County Animal Control Roxanne Marino T. Planning Board Chairperson Ken Zeserson U. Board of Zoning Appeals Chairperson George Tselekis V. Clerk for Planning Board and Board of Zoning Appeals Robin Carlisle-Peck W. Board of Assessment Review vacant, David Means X. Tompkins County Environmental Management Council (EMC) Lucia Tyler Y. Tompkins County Water Resources Council (WRC) Bill George & Darby Kiley Z. Tompkins County Stormwater Coalition Darby Kiley AA. Trumansburg Ulysses Youth Commission Reps vacant BB. Recreation Partnership representative vacant CC. Tompkins County Youth Services Board vacant DD. Ithaca/Tompkins County Transportation Council Planning Committee Sue Poelvoorde EE. Ithaca/Tompkins County Transportation Council Policy Committee Sue Poelvoorde (for Supervisor) FF. Tompkins County Council of Governments R. Marino/ L. Thomas alternate GG. Tompkins County Area Development Dave Kerness HH. Fair Board liaison Kevin Romer II. Historian Nancy Dean JJ. Lakeshore Zoning Committee Chairperson Don Smith KK. Water District Advisory Board Chairperson Diane Hillman Page 17 LL. Tompkins County Animal Control Roxanne Marino **Resolution 22: Town Attorney Appointment BE IT RESOLVED that the Town 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 $170 (Attorney) and $110, (Paralegals) is adopted. All other provisions for the 2009 Retainer Agreement shall remain in full force and effect subject to revision. **Resolution 23: Adopted Policies Resolution 23: 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 and these documents shall be also be maintained on the internal part of the town website. Each employee or elected official shall sign the Code of Ethics form documenting that they have reviewed and understand the policy. **Resolution 24: Public adding agenda items Resolution 24: BE IT RESOLVED any member of the public wishing to add a topic to the agenda of a Regular Town Board Meeting advise the Supervisor of that request at least one week prior to the scheduled meeting, if at all possible. **Resolution 25: Individuals/special needs Resolution 25: 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). **Resolutions 26: Resolution Index Resolution 26: 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. FURTHER RESOLVED that the Town Clerk will send a final electronic version of each certified resolution to the Town Board and place the final version on the Town’s file sharing network. **Resolution 27: Prohibition about gifts from Municipalities Resolution 27: 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 Page 18 otherwise providing service to the Town or the community. The Town may, however, hold recognition events and provide refreshments. **Resolution 28: Organizational Resolutions subject to amendment Resolution 28: BE IT RESOLVED that any and all of these Organizational Resolutions be and remain subject to amendment throughout the year by the Town Board. **Resolution 29: Shared Highway Services Agreement Resolution 29: 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. REGULAR TOWN BOARD MEETING JANUARY 10, 2012 **Resolution 30: 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 $ 882.53 1620.4 Town Hall CE increase $ 766.96 1650.4 Central Comm CE increase $ 395.93 1670.4 Printing & Mailing increase $ 2,745.44 1920.4 Municipal Dues increase $ 9.00 3510.4 Dog Control CE increase $ 1,318.72 $ 6,118.58 1220.4 Supervisor CE decrease $ 799.14 1101.1 Admin Asst PS decrease $ 1,476.40 1010.4 Town Board CE decrease $ 2,131.08 1410.4 Town Clerk CE decrease $ 1,711.96 $ 6,118.58 Page 19 DA Fund 5124.4 Snow Removal CE increase $ 3,247.85 5120.4 Bridge Maintenance PS decrease $ 793.30 5148.4 Snow Removal OG – CE decrease $ 2,454.55 $ 3,247.85 B Fund B8010.1 Zoning PS increase $ 2,156.96 B8020.4 Planning CE decrease $ 2,156.96 Water Funds 9030.83 Social Security increase $ 21.24 8340.1 Laborer PS decrease $ 21.24 **Resolution 31: Approval of Claims BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previously examined vouchers numbered 551 to 589 in the amount of $42,188.13 charged to the 2011 Budget and vouchers 1 to 10 in the amount of $3,269.79 charged to the 2012 Budget. **Resolution 32: Approval of Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of the Regular Town Board meeting of November 16, 2011, as edited by Ms. Poelvoorde. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of the Special Town Board meeting of December 5, 2011, as edited by Ms. Poelvoorde, edits submitted by Ms. Marino, the addition of times related to the Executive Session and meeting adjournment and the correction of the date in the header. **Resolution 33: Premium-Only Plan BE IT RESOLVED that the Town Board of the Town of Ulysses adopts an IRC Section 125 Premium-only plan and authorize Supervisor Roxanne Marino to sign all necessary documents. **Resolution 34: Crime Coverage (Resolution 7 Organizational Meeting) BE IT RESOLVED that the following crime coverage for Town officials, appointees and employees is hereby approved: Money inside premises $100,000 ($1,000 deductible) Money outside premises $100,000 ($1,000 deductible) Forgery and alteration $250,000 ($2,500 deductible) Public Employee Dishonesty $500,000 ($2,500 deductible) Public Employee Faithful Performance of Duty $500,000 ($2,500 deductible) Total premium for 2012: $2,100 Page 20 **Resolution 35: Attorney Appointment (Resolution 22 Organizational Meeting) BE IT RESOLVED that the Town 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 2012 Addendum to Retainer Agreement, which sets hourly fees for billing at $170 (Attorney) and $110, (Paralegals), is adopted. All other provisions for the 2009 Retainer Agreement shall remain in full force and effect subject to revision. **Resolution 36: Employee Time and Leave Reporting (Resolution 20 Organizational Meeting) BE IT RESOLVED that the Town Clerk and Highway Superintendent positions be removed from the table in Resolution 20 of the Organizational Meeting record. **Resolution 37: Cleaning Contract BE IT RESOLVED that the Town of Ulysses contracts with Melanie Steverson-Jarvis for the purpose of cleaning the Town of Ulysses Town Hall on a weekly basis for the amount of $643 per month for the period of January 1 to December 31, 2012. SPECIAL TOWN BOARD MEETING - JANUARY 23, 2012 **Resolution 38: Short-term Disability Benefit Policy BE IT RESOLVED that the Town Board of the Town of Ulysses amends the Personnel Manual to include the following Short-term Disability Benefit Policy. Short-term Disability Benefit Policy New York State Disability insurance is available to all non-temporary employees that have been employed for at least 28 calendar days by the Town or within 28 calendar days with a covered employer. There is no employee contribution. Town of Ulysses Short-term Disability Benefit Short-term disability benefits are paid-for absences due to non-work related injuries or illnesses. The Town of Ulysses short-term disability benefits are available to all full-time and part-time employees who meet the above stated criteria for New York State Disability insurance coverage. Elected officials or appointed board members are not eligible for Town of Ulysses disability benefits*. Upon the submission of claims for benefit application, short-term disability benefits will be paid after a 7 calendar day waiting period. Accrued sick, vacation or personal time may be used during the waiting period. No sick, vacation or personal time will be accrued while on disability. Disability benefits are paid at 50% of the average of the employee’s last eight weeks of pay for up to 26 weeks. Employees may elect to supplement the pay benefit up to an amount equivalent to their full pay (as determined above) with accrued sick, personal, or vacation time. An employee’s supervisor cannot deny the use of sick or vacation time during disability leave. Page 21 The payment from the NYS disability insurance carrier will be made directly to the Town. If the employee receives a check from the disability carrier, he/she will forward it to the Town of Ulysses Bookkeeper immediately. A physician’s statement authorizing a return to work is required. The Town reserves the option to require a second physician’s opinion after the initial 3 months of disability. If the employee does not return to work after a physician's release, the Town considers this a resignation. *Note: As per NYS law, reduction of elected official’s salary is not permitted without a referendum. Elected officials should still submit the NYS disability insurance application form in order to allow the Town to collect NYS disability insurance payments. **Resolution 39: EPA Funding for NY Rural Water Association BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Ms. Marino to sign a letter of support to continue EPA funding for the New York Rural Water Association. **Resolution 40: EMS – Initiating process to form Ambulance District BE IT RESOLVED that the Town Board of the Town of Ulysses approves initiating the process as required by Article 12 and 12A to form an ambulance district for the Town outside the Village of Trumansburg. Resolution 41: Approval of Minutes 1/10/2012 BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes for January 10, 2012, Regular Town Board meeting as amended. REGULAR TOWN BOARD MEETING - FEBRUARY 14, 2012 **Resolution 42: Claims/Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previously examined vouchers numbered 590 through 595 for 2011 and 11 to 62 for 2012 in the amount of $53,539.41. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of December 13, 2011 Regular Town Board Meeting as edited by Ms. Poelvoorde and Ms. Thomas. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of December 19, 2011 Special Town Board Meeting as edited by Ms. Poelvoorde and Ms. Thomas. BE IT RESOLVED that the Town Board of the Town of Ulysses approved the minutes of January 10, 2012 Regular Town Board Meeting as edited by Ms. Poelvoorde, with an additional correction changing the word “depend” to “defend” in the paragraph discussing Concerned Citizens of Ulysses doing fundraising to defend the amicus brief. **Resolution 43: Delegate to NYS Association meeting BE IT RESOLVED that the Town Board of the Town of Ulysses appoints Ms. Thomas to serve as the Town Delegate and vote accordingly at the Annual Meeting for the Association of Towns. Page 22 **Resolution 44: Illicit Discharge Law WHEREAS, in 2003 the Town of Ulysses signed a Notice of Intent for Coverage Under a SPDES General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems; and WHEREAS, one of the minimal control measures of the Notice of Intent is to adopt a local law with the intention to protect water quality by establishing regulations on non-stormwater discharges into the municipal separate storm sewer system and surface waters for the purpose of controlling the introduction of pollutants, and to prohibit certain activities and connections to the storm sewer system and surface waters that could cause the introduction of pollutants; and WHEREAS, the proposed local law has been drafted to include the elements required by New York State, to reflect the research and experience of other Towns; NOW, THEREFORE, BE IT RESOLVED, that a public hearing will be held on February 28, 2012 at 7:00 p.m. at the Ulysses Town Hall on the proposed adoption of a Local Law for Storm Sewer System and Surface Waters Protection. **Resolution 45: Appointment to Recreation Partnership WHEREAS, the Town Board of the Town of Ulysses appoints Durand Van Doren as the Town of Ulysses’ representative to the Recreation Partnership. SPECIAL TOWN BOARD MEETING - FEBRUARY 28, 2012 **Resolution 46: SEQR for Storm Sewer System and Surface Waters Protection WHEREAS, this action is the enactment of a local law for Storm Sewer System and Surface Waters Protection; and WHEREAS, said proposed local law is intended to protect water quality by establishing regulations on non-stormwater discharges into the municipal storm sewer system and surface waters for the purpose of controlling the introduction of pollutants, and by prohibiting certain activities and connections to the stormwater sewer system and surface waters that could cause the introduction of pollutants; and WHEREAS, this is an unlisted action for which the Town of Ulysses Town Board is acting as Lead Agency in environmental review with respect to the enactment of this local law; and WHEREAS, the Town Board, at a public hearing held on February 28, 2012, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II for this action, prepared by Town staff; NOW THEREFORE BE IT RESOLVED that the Town of Ulysses Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, Page 23 neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. **Resolution 47: Local Law 1 – Storm Sewer System And Surface Waters Protection WHEREAS, it is in the public interest, and will minimize threats to the environment and to public health and safety, for the Town to regulate discharges into the municipal storm sewer system and surface waters that are not composed entirely of stormwater in order to control the introduction of pollutants, and to prohibit certain activities and connections to the stormwater sewer system and surface waters that could cause the introduction of pollutants; and WHEREAS, the Town of Ulysses is required to enact regulations that prohibit the discharge of pollutants into the municipal stormwater sewer system in compliance with U.S. Environmental Protection Agency and New York State Department of Environmental Conservation requirements; and WHEREAS, the Town staff and the Attorney for the Town have worked to develop a local law to accomplish the above objectives and meet the federal and state requirements; and WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ulysses for a public hearing to be held by said Town on February 28, 2012 at 7:00 p.m. to hear all interested parties on the proposed local law for STORM SEWER SYSTEM AND SURFACE WATERS PROTECTION; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ulysses and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; 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 this local law, has on February 28, 2012 made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts I and II prepared by the Town staff; and WHEREAS, the Attorney for the Town, in a memorandum dated February 28, 2012, certified that this law is equivalent to the Model Local Law to Prohibit Illicit Discharges, Activities and Connections to Separate Storm Sewer System provided by the New York State Department of Environmental Conservation; NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses hereby adopts said local law for STORM SEWER SYSTEM AND SURFACE WATERS PROTECTION; a copy of which is attached hereto and made a part of this resolution; and it is further Page 24 RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. REGULAR TOWN BOARD MEETING – MARCH 13, 2012 **Resolution 48 – Agenda Approval/Budget Modifications/Claims/Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approve the agenda with additions for the meeting 03/13/12. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the budget modifications as presented. A Fund Appropriation line 1110.4 Town Justice CE increase $ 11,847.00 Appropriation line 1011.1 Admin Asst PS increase $ 2,176.00 Appropriation line 1220.11 Deputy Supervisor PS increase $ 2,176.00 Appropriation line 1910.4 Unallocated Insurance increase $ 325.00 Appropriation line 7310.1 Youth Prog PS increase $ 2,175.00 $ 18,699.00 Revenue line 0599 Approp Fund Balance increase $ 11,847.00 increase $ 2,175.00 increase $ 325.00 0599 Approp FB total increase $ 14,347.00 Revenue line (new) 2680 Insurance Recovery increase $ 4,352.00 $ 18,699.00 BE IT RESOLVED that the Town Board of the Town of Ulysses approve the vouchers numbered 63 to 120 for a total of $44544.88 for 2012. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of 01- 23-12, 02-14-12 and 02-28-12 with the edits. Page 25 **Resolution 49 – Renovation of Town Historical Markers BE IT RESOLVED that the Town Board of the Town of Ulysses approve renovation of the Town Historical markers, the highway department will assist as needed and the Town will cover the cost of supplies. **Resolution 50 – Additional Funds for Temporary Court Clerk BE IT RESOLVED that the Town Board of the Town of Ulysses approve additional funds to compensate the temporary Court Clerk as requested by the Town Justices. **Resolution 51 – Open Meeting wording in Town Procedures BE IT RESOLVED that the Town Board of the Town of Ulysses approve the Open Meeting wording as outlined above be incorporated into the Town procedures. **Resolution 52 – Presenter of Power Point for EMS have final approval BE IT RESOLVED that the Town Board of the Town of Ulysses approve allowing the presenter of the PowerPoint presentation for EMS services final approval of content. **Resolution 53 – Town Hall Maintenance Contract WHEREAS occasionally the Town Hall is in need of maintenance and repairs, and WHEREAS said repairs should be done in a safe and professional manner by contractors who are skilled in their trade and are properly insured, and WHEREAS the Town has requested and reviewed bids from qualified professionals. THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the proposed maintenance contract from Mainstay Builders for maintenance and repairs to the Town Hall that are beyond what can be reasonably done by Town Hall staff with the exception of those to the heating and air conditioning system. BE IT ALSO RESOLVED that the contract with Mainstay Builders be amended to have a termination date of 12/31/2012 and a provision for a 60-day payment period, BE IT ALSO RESOLVED that the Town Board authorizes Supervisor Marino to sign the contract with Mainstay Builders. BE IT ALSO RESOLVED that any heating, air conditioning, plumbing and electrical work be done by a person properly certified in that field as approved by the Town Supervisor on the recommendation of the Code Enforcement Officer. **Resolution 54 – FAILED – Highway Shared Services WHEREAS, the New York State Department of State has available funds for the 2011-2012 Local Government Efficiency Grant Program, and Page 26 WHEREAS, this grant program can assist the Town of Ulysses in identifying opportunities to cooperate with other local governments in the area to reduce the cost of providing services, and WHEREAS, the cost to maintain local roadways and bridges represents a large share of all municipal and county budgets and property tax levies, and WHEREAS, at a time when the cost to maintain highway infrastructure is growing rapidly and local budgets are tightly constrained, it is increasingly difficult to maintain basic highway infrastructure at a cost that can be supported by local budgets, and WHEREAS, the Town of Ulysses and its Local Municipal Highway Department would benefit from reducing the cost of adequately repairing and maintaining these roadways, and WHEREAS, a study to evaluate the County and Local Road System and identify areas where inter-municipal cooperation, shared services, or redistributions of responsibilities could result in a more efficient system of providing quality highway services and lower costs for the repair and maintenance of existing roads, and WHEREAS, the Town of Ulysses on behalf of its citizens, supports this effort and grant application for approximately $100,000, with a required local cash match of 10% that shall be allocated among the participating municipalities. RESOLVED, that the Town of Ulysses supports the County and Local Road Local Government Efficiency Grant Program application, and FURTHER RESOLVED, that the Town of Ulysses agrees, if awarded, to participate and assist in all phases of the County and Local Road Shared Service Local Government Efficiency Grant Study. **Resolution 55 – Employee Bus Pass Benefit WHEREAS, the Town of Ulysses seeks to encourage the use of the Tompkins County Area Transit (TCAT) system to help reduce traffic, petroleum use, air pollution and greenhouse gases, and WHEREAS, due to recent funding cuts, TCAT was required to increase its fares which provides a disincentive for users to ride the bus, and WHEREAS, a subsidized bus pass employee benefit provides an incentive to encourage increased use of the TCAT system, THEREFORE BE IT RESOLVED that the Town of Ulysses offers a Bus Pass Benefit to its employees as follows: A Bus Pass Benefit is available to all Town of Ulysses who travel to and from work at any town office (town hall or highway barn) primarily during the regularly scheduled hours of the TCAT bus service. The value of the benefit paid shall not exceed the 50% of an annual Zone 2 bus pass. Employees not using the bus service on a regular basis are encouraged to purchase Page 27 15-ride cards as needed rather than an annual bus pass. The town will reimburse employees 50% for ride cards and will purchase the annual pass for the employee. A written request for the Bus Pass Benefit needs to be made to the Supervisor’s Office. BE IT FURTHER RESOLVED that the Town Clerk update the Town of Ulysses Personnel Policy with the Bus Pass Benefit language from this resolution and provide a copy to all employees. **Resolution 56 – Rifle Hunting WHEREAS the Tompkins County Legislature has been asked to request from the State permission for hunters to use rifles to hunt big game within the County and WHEREAS rifles have the capability to shoot bullets that can travel miles in distance compared to the shorter distance of the currently allowed shotguns and WHEREAS shotguns have the advantage of requiring closer contact with the intended target, thus improving better identification of the target and what is behind it and WHEREAS for decades hunters have successfully used shotguns for killing big game and WHEREAS there is no compelling need to introduce longer-shooting rifles for big game and WHEREAS the Town of Ulysses, while relatively rural, has residential properties in close proximity to hunting areas which creates a safety issue from the possibility of people and property being affected by stray bullets and WHEREAS the use of rifles may prompt some property owners to deny access to their land for hunting thereby potentially leading to an increase in already high deer populations. Now therefore be it RESOLVED that the Town Board of the Town of Ulysses expresses its opposition to permitting big game hunting with rifles in Tompkins County and FURTHER RESOLVED that the Town Board recommends to the County Legislature that it not request permission from the State to allow big game hunting with rifles and FURTHER RESOLVED that this resolution be immediately conveyed by the Town Clerk to the Tompkins County Legislature. SPECIAL TOWN BOARD MEETING - MARCH 27, 2012 **Resolution 57 – Vouchers BE IT RESOLVED that the Town Board of the T own of Ulysses approve voucher’s 121 thru 124 in the amount of $1,374.37. Page 28 **Resolution 58 – Appointment of Cheryl Thompson “Local Assessment Review” BE IT RESOLVED that the Town Bo ard of the Town of Ulysses appoints Cheryl Thompson to the Tompkins County Local Assessment Review. **Resolution 59 – Fair Housing Law WHEREAS, April 11, 2012, marks the 44th anniversary of the passage of the U.S. Fair Housing Law, Title VIII of the Civil Rights Act of 1968, as amended, which enunciates a national policy of Fair Housing without regard to race, color, creed, national origin, sex, familial status, sexual orientation, and handicap, and encourages fair housing opportunities for all citizens; and WHEREAS, Town of Ulysses, as well as Ithaca Board of REALTORS®, are committed to highlight the Fair Housing Law, Title VIII of the Civil Rights Act of 1968, by continuing to address discrimination in our community, to support programs that will educate the public about the right to equal housing opportunities, and to plan partnership efforts with other organizations to help assure every American of their right to fair housing. NOW, THEREFORE BE IT, that the Town of Ulysses, does hereby resolve that April 2012, being Fair Housing Month, begins a year -long commemoration of the U.S. Fair Housing Law in Tompkins County and urges all citizens to wholeheartedly recognize this celebration throughout the year. REGULAR TOWN BOARD MEETING – APRIL 10, 2012 **Resolution 60 - Agenda/Claims/Minutes Be It Resolved that the Town Board of the Town of Ulysses approves the agenda for tonight’s meeting. Be It Resolved the Town Board of the Town of Ulysses approve the previous examined vouchers ’s 125 through 169 in the amount of $14,125.68. Be It Resolved that The Town Board of the Town of Ulysses approves the minutes as edited for the Regular Town Board meeting of March 13, 2012. Page 29 **Resolution 61 - Superintendent James Meeker to attend the municipal action Be It Resolved that the Town Board of the Town of Ulysses authorizes Highway Superintendent James Meeker to attend the municipal action in May to acquire a used backhoe with low hourly use not to exceed $50,000. **Resolution 62 - Rules and Procedure **note this was re-voted on 5/8/2012 Be It Resolved that the Town Board of the Town of Ulysses approves the Rules and Procedure as edited. **Resolution 63 - Computer Security WHEREAS, New York State Technology Law Section 208 establishes procedures to be fo llowed to notify affected individuals in the event of a breach of a computer security system and requires municipalities to adopt a notification policy or local law consistent with these procedures; NOW, THEREFORE, BE IT Resolved, that the attached “Town of Ulysses Computer System Security Breach Notification Policy” is hereby approved and adopted as the Town’s official policy; and be it FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to take such actions as may be necessary to implement the Policy; and be it FURTHER RESOLVED, that this Resolution shall take effect immediately. TOWN OF ULYSSES COMPUTER SYSTEM SECURITY BREACH NOTIFICATION POLICY 1. PURPOSE. This Computer System Security Breach Notification Policy is intended to alert individuals to any potential identity theft as quickly as possible so that they may take appropriate steps to protect themselves from and remedy any impacts of the potential identity theft or security breach. This Policy is consistent with and adopted pursuant to New York Technology Law Section 208. 2. DEFINITIONS. The following terms have the following meanings: (a) “Breach of the security of the system” means unauthorized acquisition or acquisition without valid authorization of computerized data which compromises the security, confidentiality or integrity of personal information maintained by the Town. Good faith acquisition of personal information by an employee or agent of the Town for the purposes of the employee or agent is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure. Page 30 In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or a person without valid authorization, the Town may consider the following factors, among others: (1) indications that the information is in the physical possession and control of an unauthorized person, such as a lost or stolen computer or other device containing information; or (2) indications that the information has been downloaded or copied; or (3) indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported. (a) “Department” means any board, division, committee, commission, council, department, public authority, public benefit corporation, office or other governmental entity performing a governmental or proprietary function for the Town. (b) “Personal Information” means any infor mation concerning a natural person which, because of name, number, personal mark, or other identifier, can be used to identify that person. (c) “Private information” means personal information in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted or encrypted with an encryption key that has also been acquired: (1) social security number; (2) driver’s license number or non-driver identification card number; or (3) account number, credit or debit card number, in combination with any required security code, access code, or password which would permit access to an individual’s financial account. “Private information” does not include publicly available information that is lawfully made available to the general public from Town records. (d) “Town” means the Town of Ulysses, County of Tompkins. 3. DISCLOSURE OF BREACH TO AFFECTED PERSONS. Any Town Department that owns or licenses computerized data that includes private information must disclo se any breach of the security of the system to any individual whose private information was, or is reasonably believed to have been, acquired by a person without valid authorization. The Page 31 disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in paragraph 5 below, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. The Town shall consu lt with the State Office of Cyber Security and Critical Infrastructure Coordination to determine the scope of the breach and restoration measures. 4. DISCLOSURE OF BREACH TO OWNER OR LICENSEE. If the Town maintains computerized data that includes private information which the Town does not own, the Town must notify the owner or licensee of the information of any breach of the security of the system immediately following discovery, if the private information was, or is reasonably believed to have been, acquired by a person without valid authorization. 5. PERMITTED DELAY. Notification pursuant to this Policy may be delayed if a law enforcement agency determines that notification could impede a criminal investigation. The notification must be made after the law enforcement agency determines that notification would not compromise any criminal investigation. 6. METHOD OF NOTIFICATION. The required notice must be directly provided to the affected individuals by one of the following methods: (a) written notice; (b) electronic notice, provided that the person to whom notice is required to be provided has expressly consented to receiving notice in electronic form and a log of each electronic notification is kept by the Town; and provided further that no person or business may require a person to consent to accepting notice in electronic form as a condition of establishing any business relationship or engaging in any transaction; (c) telephone notification, provided that a log of each telephone notification is kept by the Town; or (d) substitute notice, if the Town does not have sufficient contact information. Substitute notice must include all of the following: (1) e-mail notice, when the Town has an e-mail address for the subject persons; (2) conspicuous posting of the notice on the Town’s Website page, if the Town maintains one; and (3) notification to major statewide media. 7. INFORMATION REQUIRED. Regardless of the method by which notice is provided, the notice must include contact information for the Town and a description of the categories of information that were, or are reasonably believed to have been, acquired by a person without valid authorization, including specification of which of the elements Page 32 of personal information and private information were, or are reasonab ly believed to have been, acquired. 8. NOTIFICATION OF AGENCIES. Whenever any New York State residents are to be notified pursuant to this Policy, the Town must notify the State Attorney General, the Consumer Protection Board and State Office of Cyber Security and Critical Infrastructure Coordination as to the timing, content and distribution of the notices and the approximate number of affected people. Such notice must be made without delaying notice to affected individuals. **Resolution 64 - Cayuga Lake Triathlon Be It Resolved the Town Board of the Town of Ulysses approves the request by Race Director, Ms. Jane Miller asking for permission for the Cayuga Lake Triathlon to use the Town of Ulysses public roads for the bicycle portion of the Triathlon on August 5, 2012. Further Resolve the Town Clerk send Ms. Miller a scanned copy of the letter of approval from Supervisor Marino on Town letterhead as follows: Dear Jane: I am writing on behalf of the Town of Ulysses to give permission to the Cayuga Lake Triathlon to use public roads in our jurisdiction for the bicycle portion of the race on August 5, 2012. There appears to be a well-conceived detour plan which has worked well in the past. The use of the Town Roads in this plan for detouring traffic has been approved by the Town Highway Superintendent. The Town wishes you well with the triathlon and hopes that you have another successful event as you have in past years. Sincerely, Roxanne M. Marino, Town of Ulysses Supervisor **Resolution 65 - TC Health Care Consortium Join Committee Plan Structure/Design Be It Resolved that the Town Board of the Town of Ulysses appoints Marsha L. Georgia, Town Clerk to serve on the Health Consortium's Joint Committee on Plan Structure and Design. Page 33 ** Resolution 66 - Taxation of Natural Gas RESOLUTION URGING THE GOVERNOR AND THE NEW YORK STATE LEGISLATURE TO DEVELOP A BLEND OF REVENUE STREAMS AND OTHER TAXATION OF NATURAL GAS EXTRACTION AND TO ESTABLISH AN ACCURATE, TRANSPARENT, AND VERIFIABLE METHOD OF MEASURING AND REPORTING SHALE GAS PRODUCTION. Whereas New York State is preparing to permit the process of extracting natural gas from the Marcellus Shale areas in our region in the near future, and Whereas local governments have already incurred expenses in preparation for the extraction of natural gas and will incur further expenses such as repair of roads, higher social service costs, emergency services, etc., when this industry begins drilling in New York and before any ad va lorem revenue is received, and Whereas the town of Ulysses has already spent funds and many hours of time in general preparation for the advent of drilling as well as passing legislation in order to protect the health, safety and well-being of residents and the natural resources within the town and is considering more legislation in the coming year to protect their residents, roads and infrastructure, and establish boundaries for the impacts of natural gas extraction in this town and surrounding towns, and Whereas, ad valorem tax on production is the only revenue source for local governments to offset the cost of incorporating the gas extraction industry into its community, and Whereas, ad valorem tax on production is not a revenue source for a municipality adjacent to one that has gas extraction, yet the adjacent community will also incur impacts and expenses from the gas extraction industry, and Whereas, the State and local process for levying the ad valorem tax on gas production has a built in delay of a minimum of 3 years (year 1 gas is produced but not reported until year 2 when it is added to assessment role for year 3 when the gas producers are sent tax bills for year 1’s production) between the time that the gas is extracted (which is after the well pad is constructed, well drilled and pipelines connected) and the year the local government will receive revenue which means that under the current system, tax payers will need to pay for the impacts of this industry on the local government and community before any revenue is received to offset those costs, and Whereas, other states that have hosted the gas and oil extraction industry for many years have a blend of fees and several taxes including ad valorem and severance to cover expenses to governments as they are incurred and not saddle the civil society with this burden, and Page 34 Whereas the calculation for Unit Production Value (UPV) in determining assessment of natural gas in New York State has not been completed for tight shale gas deposits like the Marcellus so any planning for ad valorem revenue from gas extraction is impossible yet the prospect for impact is imminent, and Whereas, the yet undetermined UPV is multiplied by self-reported gas production to determine the assessed value of given well, and Whereas, there is no independent oversight of the gas meters accuracy, it’s installation, or its reading of extracted natural gas (self-reporting by the energy companies) which is an affront to the assessment process used for all other taxable properties within our County, Be it resolved that the Town of Ulysses strongly urges the Governor and the New York State Legislature to develop a blend of revenue streams through fees and other taxation of natural gas extraction to provide funds for state and local governments when expenses are incurred, and Be It Further resolved, that the Town of Ulysses urges the Governor to direct the Office of Taxation and Finance to establish, through an open and transparent process, the Unit Production Value for assessment of shale natural gas like Marcellus, and Be It Further resolved that the Town of Ulysses demands that the Governor and the New York State Legislature establish an accurate, transparent, and verifiable method of measuring and reporting shale gas production. Be It Further resolved that this resolution be sent by the Town Clerk to Governor Andrew Cuomo, N.Y. Senate Majority Leader, Dean Skelos; N.Y. Assembly Speaker, Sheldon Silver; N.Y. Senators Thomas O’Mara and James Seward; U.S. House Representatives Maurice Hinchey and Richard Hanna, N.Y. Assemblywoman, Barbara Lifton; U.S. Senators Kirsten Gillibrand and Charles Schumer; DEC Commissioner Joseph Martens; Tomkins County Council of Governments Chair, Herb Engman, and Tompkins County Legislator Carol Chock. **Resolution 67 - Time Warner Cable Negotiations with TCCOG TO JOIN IN TCCOG NEGOTIATIONS TO RENEW CABLE CONTRACTS WHEREAS, the Town of Ulysses is provided cable service by Time Warner Cable; and WHEREAS, the Town of Ulysses recognizes the advantage of cooperation with other municipalities with regard to cable franchise issues; and Page 35 WHEREAS, the Town of Ulysses is interested in exploring, through the Tompkins County Council of Governments, the possibility of entering into an agreement with other municipalities to form a Consortium to negotiate, on behalf of the Town of Ulysses, a renewal franchise agreement with Time Warner Cable; and WHEREAS, the intent would be to form a Consortium with the authority to conduct public hearings, conduct surveys, and engage in all activity, within the limits of applicable State and Federal Law, that is necessary and appropriate to negotiating a renewal franchise agreement for its member municipalities; and WHEREAS, the Consortium may be charged with analyzing the financial, technical, and legal issues related to cable television regulation to enable the member municipalities to reach sound judgments in exercising their regulatory authority with regard to such matters as cable television rates, franchise fees, and nature and quality of service; and WHEREAS, all members of the Consortium would indiv idually reserve the right to approve, disapprove, or amend the franchise agreement so negotiated on their behalf; and NOW THEREFORE, it is RESOLVED, that the Town of Ulysses does hereby express interest in exploring the possibility of forming a consortium of municipalities to negotiate on its behalf for the renewal of its franchise agreement with Time Warner Cable; and it is further RESOLVED, that the Town of Ulysses does hereby reserve the right to refrain from joining the consortium should the t erms and conditions of joining the consortium prove to be unacceptable to the Board. RESOLVED, that the Town of Ulysses Clerk send a certified electronic copy of this resolution to all Town Board members and also to the Chair of the Cable Committee, Herb Engman. SPECIAL TOWN BOARD MEETING APRIL 17, 2012 **Resolution 68 - Joint Meeting Town & Village for EMS Discussion Be It Resolved that the Town Board of the Town of Ulysses agrees that Supervisor Marino, on behalf of the Board, write a letter to the Village of Trumansburg advising them of the Board’s discussion to focus on 2013 EMS options and the Board sees the options of 2a, 7 and 3 as outlined on the flowchart as possible avenues to pursue. Further Resolved that at this time a strong majority of the Town Board would like to explore option 7 with the Village. Further Resolved that the Town of Ulysses will provide a facilitator for this meeting (at the Town’s expense) and have the municipal attorneys present under a closed session. Page 36 REGULAR TOWN BOARD MEETING MAY 8, 2012 *Resolution 69 – Agenda/Budget Modifications/Claims/Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approves the agenda presented tonight. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the budget modifications presented by Supervisor Marino as follows: Add line B9089.8 Other Employee Benefits $500. B9040.8 Disability Insurance (increase) 160. B1990.4 Contingency (decrease) 660. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous examined vouchers 160 through 198 in the amount of $23,526.83. BE IT RESOLVED that the Town Board of the Town of Ulysses approved the edited minutes for the Regular Town Board meeting of April 10, 2012 and the Special Town Board meeting of April 17, 2012. **Resolution 70 – Assign Funds for Legal Expenses BE IT RESOLVED that the Town Board of the Town of Ulysses hereby assigns the funds received in 2012 as donations for legal expenses for appellate amicus briefs, in the amount of $14,686.00 to the assigned fund for Legal in General (A) Fund. **Resolution 71 – Rules and Procedures BE IT RESOLVED that the Town Board of the Town of Ulysses amend the Rules and Procedures for Town Board meetings of the Town of Ulysses per the changes provided by Supervisor Marino, originally at the April 17 Board meeting and in final form by email on May 1, and as discussed at this meeting. TOWN OF ULYSSES RULES and PROCEDURES FOR TOWN BOARD MEETINGS Be it resolved that all rules listed herein are adopted as the Rules of Order for all meetings and types of meetings of the Ulysses Town Board. Questions of Order beyond these Rules are to be resolved by reference to Robert’s Rules of Order. These Rules of Order do not and cannot supersede applicable New York State law. 1. MEETINGS - DEFINED AND CALLED 1.1 Regularly Scheduled Meetings of the Board Page 37 The Board will meet for the monthly Business Meeting at 7:00 PM on the second Tuesday of each month or as otherwise designated at the organizational meeting in January of each year, unless otherwise decided by the Board at a preceding meeting. Additionally, a Working Session of the Board will convene each month as indicated by the Organizational Meeting or as otherwise designated by the Board at a preceding meeting. This is a venue for introducing new themes but other prior business before the Board may also be considered. An informal Agenda is required stating topics to be discussed. The Board may table business at the Regular Board Meeting and elect to resolve it at a Working Meeting. Meetings will be conducted in the Town Hall whenever possible. The location of any meetings that will not held at the Town Hall will be included in the public notice for such meeting, or clearly posted at Town Hall as far in advance as possible. The Supervisor shall preside as Chair if present, as per New York State Town Law. In the absence of the Supervisor, a Deputy Supervisor shall preside. In the absence of both the Supervisor and Deputy Supervisor, the Town Board members present, assuming a quorum, shall elect a Chair for the meeting from the Board members present. 1.2 Specially Scheduled Meetings Special Meetings of the Town Board are all Town Board meetings other than the regular Business Meetings and Working Sessions. A Special Meeting may be called by the Supervisor at any time by giving at least two (2) calendar day written notice to the other members of the Board as to the time and place of the meeting, and shall be called by the Supervisor within 10 days if requested in writing by two members of the Board. Written notice may be by email, text or with written paper notice through the mail or other means. Additionally, the Supervisor shall call an Emergency Special Meeting within five (5) calendar days if requested in writing by two Town Board members, and with the nature of the emergency described in such request. The Supervisor may call an Emergency Special Meeting on less than 2 day notice and business conducted will be valid as long as all Board members received notice of the meeting and attended the meeting, as per NYS Attorney General and Comptroller opinions. Public Hearings may be called according to the State or Local Law or Ordinance that applies. Notice shall be published in both the Ithaca Journal and the Trumansburg Free Press whenever possible or as otherwise directed by the Board. 2. MEETINGS – CONDUCTING 2.1. Quorum, Majority, and Super Majority A majority of the Board shall constitute a quorum for the transac tion of business and to Page 38 adopt any resolution. Majority of the five-member Town Board is three members. There is no proxy voting. A Supermajority shall be four in all cases. The use of 2 -way videoconferencing technology as specified by the NYS Open Meetings Law for remote participation by Board members, including voting on public business is allowed. 2.2. Executive Sessions Executive Sessions shall be held in accordance with the N.Y. Public Officers Law Section 105.11. Executive Sessions may be convened in a Regular or Special Meeting by a majority vote of the Board. The member making a motion shall state the basis for going to Executive Session under the law for Executive Session. Only Board Members and individuals explicitly invited by the Supervisor or a majority of the Board may attend an Executive Session. The motion may also specify what information, if any, will be returned to the regular session. Minutes and records from an Executive Session, if any, will follow applicable law. 2.3. Agendas An agenda for all meetings shall be adopted by majority vote of the Board at each meeting. For Regular Meetings of the Board, a draft agenda shall be prepared by the Supervisor or her/his designee and distributed to the Board by email or other suitable means by the end of the day on the Friday preceding the meeting. Any Board member or any other elected Town Official may place an item on the draft Agenda by providing a request in writing to the Supervisor at least 6 days before the Regular Meeting. 2.4. Adjournment A motion to adjourn is not debatable, but the Supervisor may, after such a motion is seconded, describe the nature and consequence of adjourning with any scheduled business left unfinished. 2.5. Questions of Order The Supervisor may appoint a Parliamentarian to provide advice and guidance to the Supervisor and the Board on matters of procedure. When a Point of Order is raised, the Supervisor may request advice from the Parliamentarian before ruling. 2.6. Seating Seating at all Board meetings will be as determined by the Chair. In general, it is desirable for Board members to be seated so as to be clearly visible to each other and distinguishable from the public, from other elected and appointed Town officials, and from privileged speakers recognized by the Supervisor. The Board may override the Chair’s designated seating by motion, second, and majority vote. 2.7. Public Participation Page 39 The back of the agenda shall clearly state an abbreviated version of the meeting guidelines for public participation. An opening statement shall be made in every meeting directing those who are present as to when and how they may participate. All speakers must first be recognized by the Chair. When invited to speak, a member of the public is requested to give their fu ll name and address. In speaking, the public should address the whole Board and not individual public officials or members of the public. Disruptive behavior by anyone in attendance will not be allowed during Board meetings. Such behavior shall include name-calling, swearing, defaming, shouting, or other behaviors found offensive by the Chair, or, by a majority of the Board. Any member of the Board may call the attention of the Chair to a violation of these rules, by calling out “point of order”. In the event of disruptive behavior, a warning shall be given by the Chair. After 2 warnings, the person being disruptive shall be asked to leave. At any time the Chair may address the public on matters having to do with process and decorum. . A statement on appropriate decorum for Town Board meetings shall be posted to the Town’s web site. 2.8. Board Process and Decorum A Board Member wishing to speak shall raise a hand for privilege and shall be recognized by the Chair. Generally a member who has not yet addre ssed the question shall be given privilege over those who have. Otherwise the Chair shall in general assign order of speaking based on the order in which hands are raised. Members may not speak simultaneously and may not interrupt each other. Unless recog nized by the Chair, a Board Member shall not speak, except to raise a point of order, in which case she/he may state “point of order”. The Chair may interrupt and stop any member who speaks continuously for more than five (5) minutes. During the discussion of a motion all members of the Board will be allowed up to five (5) minutes per each turn. Board members shall address only the Chair, other Board members, and the privileged speakers without specific authorization from the Chair to address others who ar e present. 2.9. Participation by other Town Officials and Privileged Speakers Other elected and appointed Town Officials and Privileged Speakers shall speak only when recognized by the Chair, and only for the period of time set by the Chair. They may raise their hands to indicate a wish to be recognized, but the Chair is under no obligation to recognize them. 3. MOTIONS 3.1. Motions Defined The business of the board shall be conducted as a series of motions and resolutions. A motion is a formal proposal that the Board take certain action. Since the Ulysses Town Board is a small Board that does not have a committee structure to work through motions before they are brought to the full Board, the motion to discuss is included here to allow for informal discussion of a proposed action or other topic before it is brought to the floor for formal debate and action. A motion to discuss requires a second, but is not debatable Page 40 and does not require a vote in order to commence discussion. The Chair can call a vote to end discussion of a motion to discuss at any time. The discussion that occurs during a motion to discuss may result later in a main motion. A main motion brings business before the Board that requires a formal action. For example a main motion is used to introduce a new law for adoption by the board, to formally make a statement from the board about a particular subject, or to appropriate a sum of money for a specific, non-routine expenditure. A main motion can also be referred to as a resolution. A main motion requires a second in order to be considered by the Board. A Board member may speak any number of times in debate of a main motion within the time allotted for the discussion of the question. The Board may extend debate on a main motion by motion, second, and majority vote on the question of extending debate. Robert’s Rules describes other motions that can be used and groups them broadly into subsidiary motions, privileged motions, and incidental motions. Motions associated with the routine conduct of monthly business, such as approval of claims or minutes, or to refer business to a committee or advisory board are not considered main motions. Board members are expected to be familiar with the types of motions as described in Robert’s Rules of Order. All motions other than a motion to discuss shall be handled in all aspects according to the procedures in Robert’s Rules of Order newly revised (10 th ed). 3.2. Seconds to Motions A motion shall not be discussed until it has a Second. A memb er making a motion may restate it once in seeking a Second, but may not argue for the Second. 3.3. Voting on Motions At the discretion of the Chair, voting upon every question shall be by stating “Aye” or “Nay”, by show of hands, or by roll-call vote. The Chair shall immediately state the outcome, which shall be promptly entered into the minutes by the Clerk. Every act, motion, or resolution shall require for its adoption the affirmative vote of a majority of all the members of the Town Board. 3.4. Presentation of Motions Any Board Member, upon recognition by the Chair, may make a motion at any time when there is no other motion on the floor. If the motion fits clearly within an item listed later on the agenda the Chair may rule it out of order with the su ggestion that the motion be made again at the more appropriate time. Ideally, new main motions are presented and discussed first at a Working Session. New main motions may be adopted at Working Sessions, if provided to all Board Members with the same not ice as for a Regular Meeting. A new main motion also may be presented at a Regular Meeting but such main motion Page 41 shall not be voted on at that Regular Meeting unless a written copy of the proposed main motion was provided to all Board Members by 5 PM on the Friday preceding the meeting. An exception to this rule is that the Supervisor may present an emergency motion to the Board at any Board meeting, provided she or he explains in writing why emergency action is desirable. The Board may adopt such emergency motion by majority vote. In all cases, it is preferred that main motions are submitted in writing prior to the meeting. 4. STANDING OF THESE RULES 4.1. Amending Rules of Order Amendment of these Rules of Order requires a supermajority vote at one meeting. Permanent removal of these Rules requires a Supermajority voting at two Regular Meetings. 4.2 Waiving Rules of Order These Rules of Order may be temporarily waived in part or in their entirety during any session by a Supermajority. Such waivers stand for only the session when voted. Waivers of these Rules of Order notwithstanding, Roberts Rules of Order remain governing. A Motion to waive these Rules of Order is not debatable. **Resolution 72 – Hazardous Waste RESOLUTION SUPPORTING STATE SENATE BILL S4616 (AVELLA)/ASSEMBLY BILL A7013 (SWEENEY) TO AMEND THE ENVIRONMENTAL CONSERVATION LAW IN RELATION TO THE UNIFORM TREATMENT OF WASTE. Whereas this bill S 4616 (Avella)/A7013 (Sweeney) would require hazardous wastes produced from oil and natural gas activities to be subject to the requirements for treatment of hazardous wastes; and Whereas currently the oil and gas industry enjoys exemptions from New York State laws governing hazardous waste transport and disposal. Though a great deal of the wastewater generated by hydraulic fracturing meets the state definition of hazardous, it is not required to be treated as such; and Whereas the oil and gas industry is not required to disclose the chemicals used in the hydraulic fracturing process but the fo llowing chemicals are often found in waste water resulting from the hydraulic fracturing process: benzene, toluene, formaldehyde, salts, heavy metals, and radioactive particles; and Page 42 Whereas closing this exemption loophole will require hydraulic fracturing flow back and produced water to be monitored through a manifest system and that extra safeguards will be in place to avoid accidents and ensure proper waste treatment; and Whereas such a designation will keep fracking wastes out of municipal treatme nt plants and the waterways leading to sources of drinking water. THEREFORE BE IT RESOLVED that the Town of Ulysses supports the immediate passage of the New York State Senate bill S4616 introduced by Senator Avella which is the same bill as Assembly bill A7013 introduced by Assemblyman Sweeney that would amend Section 27-0903 of the New York State Environmental Conservation Law. FURTHER RESOLVED this resolution be sent by the Town Clerk to Governor Andrew Cuomo, N.Y. Senate Majority Leader, Dean Skelos; Senate Minority Leader Sampson, N.Y. Assembly Speaker, Sheldon Silver; N.Y. Senators O’Mara, Seward, Nozzolio, Avella, Squadron, Kreuger, Perkins, Serrano, and Perrault; U.S. House Representatives Maurice Hinchey and Richard Hanna, N.Y. Assemblywoman, Barbara Lifton; U.S. Senators Kirsten Gillibrand and Charles Schumer; DEC Commissioner Joseph Martens; EPA Region 2 Director, Judith Enck. SPECIAL JOINT TOWN BOARD/VILLAGE BOARD MEETING MAY 15, 2012 **Resolution - NO RESOLUTIONS SPECIAL TOWN BOARD MEETING MAY 22, 2012 **Resolution 73 – Vouchers BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous examined vouchers 199 to 207 in the amount of $27,465.92. REGULAR TOWN BOARD MEETING JUNE 12, 2011 **Resolution 74 – Agenda/Budget Modifications/Claims/Minutes Ms. Marino added two items to the agenda under Old Business and moved for approval, seconded by Ms. Thomas. Unanimously approved by the Town Board. BE IT RESOLVED that the Town Board of t he Town of Ulysses approves the increase of $10,800 to account A1420.4 – Attorney CE; transferred from assigned fund for Legal (A fund). BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous examined vouchers 208 to 250 in the amount of $20,119.01. Page 43 BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes as edited for Special Town Board meeting of March 27, 2012, Regular Town Bo ard meeting of May 8, 2012, and the Special Town Board meeting of May 15, 2012. **Resolution 75 – Roof Contract - $15,800 for a new roof on the Town Hall WHEREAS, the Town Board of Ulysses requested bids for re-roofing the Town Hall and selected Mainstay Builders as the contractor; and WHEREAS, Mainstay Builders provided the proper insurance documents recommended by the Town attorney; and WHEREAS the attorney for the town recommended several changes to the contract with Mainstay Builders be made before signing by the Town Supervisor. THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses approves the contract with Mainstay Builders and; RESOLVED that the Town Supervisor sign the final version of the contract to reroof the Town Hall when the changes recommended by the attorney for the Town have been added. **Resolution 76 – Recreation Partnership Agreement WHEREAS, the Town of Ulysses is currently a member of the Inter -municipal Recreation Partnership by the original agreement dated August 21, 2007, with an original 5-year term expiring December 31, 2012; and WHEREAS, the Recreation Partnership has been an excellent and cost efficient model of inter-municipal collaboration which enables municipalities to jointly plan, finance, and share a diverse set of high quality recreation programs; and WHEREAS, the Inter-municipal Recreation Partnership agreement by its own terms may be renewed for an additional five years by appropriate resolutions by each of the municipal partners on or before December 31, 2012; and WHEREAS, any municipality may withdraw from the Inter -municipal Recreation Partnership agreement upon a full calendar year’s notice. Now Therefore Be It RESOLVED, that the Town of Ulysses agrees to renew the August 21, 2007 Inter-municipal Recreation Partnership agreement for an additional 5 years, expiring December 31, 2017 and further RESOLVED, that a copy of this resolution be sent by the Town Clerk of Ulysses to the Recreation Partnership Board care of Tompkins County Youth Services Department at 320 W. State/MLK Jr. St, Ithaca, NY 14850, attention Janice Johnson. Page 44 **Resolution 77 – Revised Retainer Agreement With Whiteman Osterman & Hanna For Work On Amicus Briefs. BE IT RESOLVED that the Town Board of the Town of Ulysses author izes Supervisor Marino to sign the revised retainer with Whiteman Osterman & Hanna dated June 11, 2012. **Resolution 78 – Change on Agenda BE IT RESOLVED that the Town Board of the Town of Ulysses alter the agenda and table the Planning Board/BZA Attendance and Training Policy and the update on Hydrilla report under new business. **Resolution 79 – Ems - Resolution Outlining Emergency Medical Service Options For The Town Of Ulysses In 2013 And 2014. WHEREAS the Town of Ulysses has diligently made efforts to work with the Village of Trumansburg since spring 2010 to find a mutually beneficial solution to provide the best quality emergency medical services (EMS) while balancing our ethical and financial obligations to residents within the Town of Ulysses which includes the Village of Trumansburg; and WHEREAS in April 2011, the Village of Trumansburg created the Trumansburg Ambulance Department along with its accompanying policies on billing, charity and fees which the Town of Ulysses has expressed concerns about and continues to feel are in need of revision in order to protect uninsured and underinsured EMS service users; and WHEREAS after studying multiple options for providing EMS to both Town and Village residents and the constraints of Town law for contracting with providers, the Town Board of Ulysses feels it is in the best interest of all residents to work toward a Joint Agreement for Shared Service for provision of EMS with the Village of Trumansburg for the following reasons: 1) Equitable taxation for the same service: Town and Village residents each pay taxes for the identical EMS service, but Village residents pay nearly three times what Town residents pay due to the three-fold difference in the total taxable assessed value of each municipality covering roughly an equivalent number of annual calls for EMS/ambulance service. Since the Town of Ulysses includes all residents in both Ulysses and Trumansburg, the Town Board feels an obligation to fairness to have all citizens (Town AND Village) pay the same rate for the same service. BUDGET and Taxable Assessed Value (TAV) Information TAV1 % of Townwide TAV EMS Cost 2 % of total EMS usage and cost Tax Rate 4 (no billing income) Tax Rate 4 (40% income via billing) Page 45 Town (outside Village) 335,773,906 77% 232,786 43% $0.693 $0.416 Village 100,358,079 23% 206,700 39% $2.060 $1.236 Townwide (total TAV) 5 436,131,985 100% 439,486 82%3 $1.008 $0.605 1 used for 2012 budget, 2 2012 budget, 3 remaining 18% for Covert and Hector, 4 Tax rate/$1,000 TAV as per 2012 budget. The Village has received billing revenue in 2012 and according to trustee Hart at the May 15, 2012 meeting the estimates are a 40% of total budget income for the Village from billing. 5 Illustration of tax rate if a joint shared service agreement had been in effect. 2) Fair and compassionate policies balanced with fiscal responsibility Under a joint shared service agreement with a Town-wide contract for EMS services between the Town and the Village, all the EMS policies in the Town and Village are required to be identical. The Town of Ulysses concurs with the Village that a Billing Policy is reasonable to recuperate funds from the insurance companies by billing residents to help curb the upward climb in EMS costs. However not all residents are insured and many are under-insured. The Town Board of Ulysses feels strongly that the very small fraction of the population whose EMS costs will not be covered by either Medicaid, Medicare, private insurance, or motor vehicle insurance must be considered and protected from the undue burden of being billed. This would be accomplished through a compassionate Collection Policy and reasonable Fee Schedule. The Town of Ulysses can only agree to a shared service agreement with a Town-wide contract and cost-sharing if the Village’s current Charity Policy and Fee Structure are revised to protect the most vulnerable segment of the population. The Charity Care policy of the Village of Trumansburg is incomplete and less generous than the local for-profit EMS company as shown in the appendix to this resolution. 3) Fees Currently the Village fees for EMS are equivalent to those charged by the local for-profit EMS— this on top of a tax levy. The Town of Ulysses feels a tax-supported EMS should not assess fees as high as for-profit EMS services while also levying a substantial tax for the same service. The Town of Ulysses feels the fees set forth in the appendix below for Medicare and Medicaid are more appropriate for what a municipal service should charge for each type of emergency service provided. 4) Fiscal responsibility and representation by way of a vote As the EMS budget stands today, the Town of Ulysses pays the largest share of the EMS department operating costs but has no vote in the policies, budgeting, or fee schedule. With a shared service agreement, the Town and the Village can negotiate the terms so that the Town takes on equal or equitable responsibility for the costs and risks associated with operating an Page 46 EMS service and there is a mechanism for both municipalities to have a meaningful and formal role in setting policies, the budget and fees. 5) Lack of communication An example: at the joint meeting on May 15, 2012, of the Town of Ulysses and the Village of Trumansburg, the Village stated that the coverage area in the Town of Covert has been expanded to the entire Town; however the Village did not provide the expected increase in the number of EMS calls, the distance of the coverage area, how this might affect the EMS budget in the future, nor whether the current ambulance/staff ratio will be able to handle the increased call volume, how the service will be affected, or include the projected response times. Repeated requests to the Village since the 5/15 meeting have not resulted in the any of this basic information being provided. WHEREAS in order to resolve the discrepancies and move forward towards an agreement that will sustain the Trumansburg EMS department into the future, a real commitment to negotiations between the Town of Ulysses and the Village of Trumansburg is needed, meaning regularly scheduled meetings resulting in evidence of substantive progress. In order to ensure this, the Town Board of Ulysses feels it important to set milestones to complete negotiations. THEREFORE, BE IT RESOLVED that the Town of Ulysses is considering only 2 options for Emergency medical service in 2013: 1) A municipal shared service agreement between the Village of Trumansburg and the Town of Ulysses with a single Town-wide contract with consistent policies and fees to be ready by 2014. If there is interest and a willingness on the part of the Village Board to work toward this end, the Town of Ulysses agrees to extend its current contract for EMS with the Village for 2013. Or 2) Having no contract with the Village of Trumansburg for EMS and relying instead on the closest EMS provider. The ambulance service will not be subsidized by Ulysses tax funds and billing will then occur on a per use basis; and FURTHER RESOLVED that to have faith in serious negotiations toward a shared service agreement, a subcommittee from the Town of Ulysses Board and the Village of Trumansburg Trustees will meet on a regular basis (at least monthly), until October 1, 2012 to find common ground and establish the basic agreements of the Fee Schedule, Billing Policy, Collection Policy and how the Town will have meaningful input into the budgeting and decision-making processes; and FURTHER RESOLVED that an intermunicipal shared service requires a variety of complex negotiations on how to handle issues such as capital equipment and responsibility for personnel and management of the EMS department. These issues will be need to be resolved during the 2013 calendar year in time for a shared service agreement to be in place by 2014 and the Town of Ulysses agrees to work diligently with the Village toward this end; and FURTHER RESOLVED that by October 1, 2012 the Town Board of Ulysses will assess the progress made, and if none, will consider that the Village of Trumansburg lacks serious interest in forming a shared service agreement by 2014 (option 1 above) and as such, the Town will not continue to contract with the Village of Trumansburg for ambulance and EMS services in 2013; and Page 47 FURTHER RESOLVED that the Town of Ulysses requests a response in writing from the Village of Trumansburg by July 11, 2012 of whether they have interest in pursuing a joint shared service agreement and if so, proposing a plan for meeting to proceed with the process. APPENDIX Charity Care Policy Comparison for EMS 2012 BANGS T-BURG % FPG* to qualify for FREE service >100% FPG Not mentioned % of FPG to qualify for some assistance 100-300% <200% Exclusions from eligibility determination Primary residence, retirement savings, college savings, cars used by family Not mentioned Assets Cannot exceed: $8,700 for individual $17,000 for family Not mentioned. No indication of an appeals process Documentation required "i.e. copies of tax returns, pay stubs". Assurance of no insurance coverage. Assurance of non-qualification for government insurance. Assurance of income and employment status to judge whether charity care is available. Who determines need A review committee Not mentioned Other Must apply for financial assistance. Limits payment to between 10-30% of total household income for low income patients. Extended payment plan. Page 48 Missing Policy doesn't state how much assistance will be given, only states a portion will be written off. Policy does not mention high deductibles. States charity care is not available to patients who are able to pay but doesn't specify what this means other than those making over 200% of the poverty guideline are eligible. No application mentioned. Does not state how much of a reduction will be given. Policy does not mention high deductibles or high co-pays. Maximum Household Income for Service household size 1 2 3 4 5 6 Bangs - Free service 100% of FPG $10,830 $14,570 $18,310 $22,050 $25,790 $29,530 T-Burg 200% of FPG $21,660 $29,140 $36,620 $44,100 $51,580 $59,060 Bangs - reduced fees 300% of FPG $32,490 $43,710 $54,930 $66,150 $77,370 $88,590 FPG-Federal poverty guideline EMERGENCY MEDICAL SERVICE FEE COMPARISON (2012) Trumansburg Fee Medicaid/ Medicare Bang’s Basic life support (BLS) – non emergency $500 $255.83 $536 BLS - emergency $700 $409.33 $765 Advanced life support 1 $850 $307.00 $970 Page 49 (ALS) Non-emergency ALS 1 Emergency $950 $486.08 $970 ALS 2 $1050 $703.53 $1,018 Specialty care transport $500 $831.44 $1,125 Paramedic intercept $500 $415.57 $536 ALS assist – no transport $850 $401 BLS and ALS mileage per loaded mile $15 $7.06 $15.50 Resolution 80 - Resolution to State Requesting Permission to Regulate Docks, Moorings and Boathouses Support for the Town of Ulysses Inclusion in the New York State Navigation Law Whereas, the Town of Ulysses Comprehensive Plan (Sept 2009), outlined the need to “preserve and protect the Town’s natural and environmental resources” and to “apply for legislative authority under section 46-a of the NYS Navigation Law”, and to “enact zoning regulation to protect the Cayuga Lake waterfront’. Whereas, the Town of Ulysses wishes to utilize its zoning powers to regulate boathouses, lifts, moorings and docks within its proposed revisited zoning law; and Whereas, the Town is in the process of amending its zoning law; and Whereas, the Town of Ulysses wishes to be included in the list of municipalities authorized to regulate boathouses, lifts, moorings and docks pursuant to Section 46 -a of the New York State Navigation Law. Now Therefore be it Resolved, the Town Board of the Town of Ulysses requests the inclusion of “the Town of Ulysses in the County of Tompkins” in Section 46 -a of the NYS Navigation Law to authorize the Town of Ulysses to regulate boathouses, lifts, moorings, and docks pursuant to that section; and Page 50 Be it Further Resolved that this resolution of support be sent to New York State Assemblywoman Barbara Lifton and New York Senator Thomas O’Mara for their consideration. SPECIAL TOWN BOARD MEETING JUNE 26, 2012 ** Resolution 81 - Board of Zoning Appeals & Planning Board Attendance & Training Policy WHEREAS, in order to implement, administer and enforce such zoning local law the Town Board is granted the authority by Sections 267 (2) and 271 (1) of Town Law to establish a Board of Zoning Appeals and Planning Board and may appoint residents of the town to serve as members on the boards, and WHEREAS, under Section 267 (2) and (9) and 271 (1) and (9) the Town Board is authorized to establish minimum training and attendance standards for members of the Board of Zoning Appeals and Planning Board, and WHEREAS effective January 1, 2007, a New York State Law, Chapter 662 of the Laws of 2006, Mandatory Training for Planning Board and Board of Zoning Appeals Members, requires that a minimum of four hours of training be received by municipal planning and zoning board members each year, and NOW THEREFORE, be it resolved that the Town Board of the Town of Ulysses adopts the following minimum training and attendance policy for the effective and efficient function of the Board of Zoning Appeals and Planning Board. Attendance Policy Members of the Board of Zoning Appeals are allowed to miss no more than 50% of the annual meetings. Members of the Planning Board are allowed three (3) unexcused absences and no more than six (6) absences per calendar year. If a member of either Board exceeds the number of allowed absences the Town Board may remove the member from the respective board in compliance with Sections 267(9) or 271(9) of Town Law. Definitions Unexcused – A board member is considered unexcused when said member fails to notify the chair of the board, or his/her designated representative prior to the scheduled meeting. Training Policy Board of Zoning Appeals and Planning Board : Within the first year of service, newly appointed members should attend a minimum of one (1) training seminar or conference on interpreting and enforcing zoning regulations in New York State and administering the State Environmental Quality Review Act (SEQR-Environmental Conservation Law). Page 51 All members are required to obtain at least four hours of training per year related to their board service by attending and completing educational courses, seminars, workshops, and the like, which have been approved by the Board Chairpersons or are listed under the Training Resources below. While a minimum of four hours is required, the Boards are encouraged to attend additional training. Completion of training will be reported to the Clerk of the Boards. Members of the Board of Zoning Appeals and Planning Board will be reimbursed by the Town for registration fees and travel mileage for the required training sessions. Other expenses may be reimbursed. The chair of each board shall submit a notification of expenditure for training for approval by the Supervisor prior to the member attending a training session. Training Resources Association of Towns of NYS; Tompkins County Planning Department; Town of Ulysses Staff (including Attorney for the Town); New York Planning Federation; American Planning Association; NYS Department of Environmental Conservation; NYS Department of State; NYS Department of Agriculture and Markets; NYS Office of the State Comptroller; Pace University and Land Use Law Center. REGULAR TOWN BOARD MEETIN JULY 7, 2012 **Resolution 82 – Agenda/Budget Modifications/ Claims/ Minutes Ms. Marino moved, seconded by Ms. Thomas to approve the agenda. Unanimously approved. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the following 2012 Budget modifications: A Fund 7310.1 Youth Programs PS increase $1030.00 Explanation – Represents a $900 United Way Focus Grant for Youth employment and $130 the Town youth program received from specially earmarked donations from the United Way for youth employment. B Fund 9040.8 Worker’s Comp. Increase 1495.00 1990.4 Contingency Decrease 1495.00 BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous examined vouchers 251 through 284 in the amount of $8,785.02. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited minutes of the Special Town Board Meeting of May 22, 2012, Public Hearing of Page 52 June 12, 2012, Regular Board Meeting of June 12, 2012, and the Special Town Board Meeting of June 26, 2012. **Resolution 83 – Appointment of Barbara Bristol BE IT RESOLVED that the Town Board of the Town of Ulysses rescind the appointment of Barbara Bristol to the Board of Zoning Appeals made in error on January 25, 2011 since her term had not expired. **Resolution 84 – Black Diamond Trail – NYS Consolidated Funding Application WHEREAS the Town of Ulysses Comprehensive Plan supports the development of the Black Diamond Trail for the purposes of recreation (pg. 64), transportation (pg. 118) and tourism (149); and WHEREAS a proposal for grant funding from the New York State Department of State Local Waterfront Revitalization Program is being submitted cooperatively between the New York State Parks, Tompkins County, the Town of Ithaca, the City of Ithaca and the Town of Ulysses to complete construction of a segment of the Black Diamond Trail from Cass Park to Taughannock State Park, with a deadline of July 16, 2012; and WHEREAS these funds will be used to fix or replace nearly 200 culverts, prepare the trail bed and surface the trail; and WHEREAS the grant application for a total of $2.1 million requires a match of funding of which the Town of Ulysses share could be up to $10,000 coming from the assigned fund for Recreation in the General Fund, and also can be a contribution from in-kind work by the highway department in the form of replacing road crossing culverts; and WHEREAS a further resolution will be required by the Town of Ulysses to become a final partner in the grant should it be awarded, THEREFORE BE IT RESOLVED that the Ulysses Town Board approves participation by the Town in a NYS Consolidated Funding Application for funds through the New York State Department of State Local Waterfront Revitalization Program to complete a segment of the Black Diamond Trail. **Resolution 85 – News Letter Information BE IT RESOLVED that the Town Board of the Town of Ulysses approves to remove the phone numbers for the Planning Board and Board of Zoning Appeals except for the Chair of these Boards. **Resolution 86 – Purchase Hot Water Heater BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes the Supervisor to go forward with the purchase of a hot water heater if the quote comes in $1,000 or less. Page 53 **Resolution 87 – Executive Session BE IT RESOLVED that the Town Board of the Town of Ulysses moves to go into executive session to discuss matters related to the appointment, promotion, demotion, discipline, or removal of particular personnel. WORKING SESSION JULY 24, 2012 **Resolution 88 – Vouchers BE IT RESOLVED that the Town Board of the Town of Ulysses approves vouchers 285 through 287 in the amount of $1,412.00. **Resolution 89 – Executive Session BE IT RESOLVED that the Town Board of the Town of Ulysses moves to go into a closed session for discussion with the Attorney Geldenhuys. REGULAR TOWN BOARD MEETING AUSGUST 14, 201 2 **Resolution 90 – Agenda/Claims Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approves the agenda for the Regular Town Board meeting of August 14, 2012. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous examined voucher 288 through 339 in the amount of $107,131.68**. **Note the total reflects additional bills paid that did not have voucher numbers such as Excellus BC/BS. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes as corrected for the Regular Town Board Meeting of July 10, 2012 and the Working Session of July 24, 2012. **Resolution 91 – Land Purchase – for Seneca Road Bridge Project BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Attorney Geldenhuys to draft a purchase offer for .553 acres of Tax Parcel 11.-1-1 belonging to Robert Weatherby in the amount of $2,000 with closing costs up to $1,000. FURTHER RESOLVED that the Town Board of the Town of Ulysses authorizes Supervisor Marino to sign all associated documents to complete the purchase. **Resolution 93 – Purchase Hot Water Heater BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes the Supervisor to spend up to $1,500 to purchase an 8 gallon electric, on -demand hot water heater installed at the same location as the present hot water heater upstairs. Page 54 ** Resolution 94 – Contract HSC Install Balancing Dampers BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes the Supervisor to contract with HSC for $383 to install balancing dampers on the air-conditioning duct work throughout the Town Hall. WORKING MEETING AUGUST 28, 2012 **No resolutions REGULAR TOWN BOARD MEETING SEPTEMBER 11, 2012 **Resolution 95 - Agenda/Claims/Minutes/Corrected Minutes BE IT approve that the Town Board of the Town of Ulysses approves the revised agenda dated 9/11/2012. BE IT RESOLUED that the Town Board of the Town of Ulysses approves the previous examined voucher s 341 through 372 on the amount of $37,732.43. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes as corrected for the Regular Town Board meeting of August 14, 2012. BE IT RESOLUED THAT THE Town Board of the Town of Ulysses approves the changes to the Regular Town Board meeting of July 10, 2012 under the Supervisor’s report to read as follows: “Recreational Partnership budget increase for 2013 is 2%, Ulysses cost will be $7592 **Resolution 96 - Community Foundation for Youth Employment BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Marino to sign off on the grant to Community Foundation for Youth Employment. **Resolution 97 - ZBA Appointment Carl Mann BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Carl Mann to serve on the Zoning Board of Appeals and his term will end December 31, 2015. **Resolution 98 - Extension on Ag Land Protection Contract BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Marion to sign the necessary papers to file for an extension for December 31, 2012 of this grant. **Resolution 99 - Local Law to Override Tax Cap A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Town Board of the Town of Ulysses as follows: Section 1. Legislative Intent: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Ulysses, County of Tompkins pursuant Page 55 to General Municipal Law §3-c, and to allow the Town of Ulysses, County of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2013 and ending December 31, 2013 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 the Town Board to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town Board. 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 2013 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-c. Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, 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. **Resolution 100 - Public Hearing Date set for Local Law BE IT RESOLVED that the Town Board of the Town of Ulysses hold a Public Hearing on October 9, 2012 at 6:30pm in the Town Hall 10 Elm. Street, Trumansburg, NY prior to their Regular Town Board meeting. **Resolution 101 - Adjourn Executive Session BE IT RESOLVED that the Town Board of the Town of Ulysses adjourn to executive session for advice from their counsel on pending litigation. **Resolution 102 - Broadband Grant Participation AGREEMENT TO PARTNER IN PROJECT TO EXPAND RURAL BROADBAND IN THE COMMUNITY VIA GRANT APPLICATION TO NYS The Town Board of Ulysses, County of Tompkins, State of New York, on September 11, 2012 hereby makes the following resolution: Whereas the Town of Ulysses recognizes that the development of Broadband infrastructure is Page 56 critically important to our community and, Whereas, New York State is offering broadband grants to expand service to unserved and underserved communities, especially to public-private partnerships, Therefore be it resolved that the Town of Ulysses wishes to partner with Clarity Connect, Inc. to apply for a grant for our community and Further be it resolved that the Town of Ulysses as a part of its contribution to the project will: (1) Waive all fees related to the implementation of the project (2) Will bring electric service to each tower location, and (3) Will help inform the public and promote where appropriate the service availabili ty and Further be it resolved that the Town of Ulysses will do everything practical to expedite zoning, rights of way and any other needs of the project. **Resolution 103 - Approve Non-Elected Performance Review Form BE IT RESOLVED that the Town Board of the Town of Ulysses distribute this form to all department heads and ask them to use this Ulysses Performance Review form to make recommendations to the Town Board for the basis for salary requests. WORKING TOWN BOARD MEETING SEPTEMBER 25, 2012 **Resolution 104 – Executive Session BE IT RESOLVED that the Town Board of the Town of Ulysses adjourn to executive session to discuss personal matters. WORKING TOWN BOARD MEETING 2013 BUDGET OCTOBER 3, 2012 **No Resolutions PUBLIC HEARING OCTOBER 9, 2013 – LOCAL LAW 2 -2012 TAX LEVY LIMIT REGULAR TOWN BOARD MEETING OCTOBER 9, 2012 **Resolution 105 – Agenda/Budget Modifications/Claims/Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approves the revised agenda dated 10/8/2012. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the 2012 Budget Modifications as follows: Page 57 A Fund A1920.4 Municipal Dues increase $ 145.00 A1910.4 Unallocated Insurance decrease $ 145.00 DA Fund 5140.1 Brush & Weeds PS increase $ 800.00 5142.1 Snow Removal PS decrease $ 800.00 9060.8 Medical Insurance increase $ 10,188.00 5124.4 Snow Removal decrease $ 10,188.00 DB Fund 9060 Medical Insurance increase $ 6,446.00 5122 Highway Capital Imp. decrease BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous examined vouchers 373 through 413 in the amount of $77,606.23. Minutes – tabled **Resolution 106 – Local Law 2 – 2012 A Local Law to Override the Tax Levy Limit Established in General Municipal Law §3-C Be it enacted by the Town Board of the Town of Ulysses as follows: Section 1. Legislative Intent: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Ulysses, County of Tompkins pursuant to General Municipal Law §3-c, and to allow the Town of Ulysses, County of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2013 and ending December 31, 2013 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 the Town Board to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town Board. 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 2013 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-c. Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, 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. Page 58 Section 5. Effective date: This local law shall take effect immediately upon filing with the Secretary of State. **Resolution 107 – Executive Session BE IT RESOLVED that the Town Board of the Town of Ulysses adjourns to Executive Session for discussion with the attorney. SPECIAL TOWN BOARD MEETING OCTOBER 10, 2013 **No Resolutions – Presentation of Draft Lakeshore Zoning and Conservation Zone to TB WORKING TOWN BOARD MEETING OCTOBER 12, 2012 **Resolution 108 – Tentative Budget to Preliminary Budget BE IT RESOLVED that the Town Board of the Town of Ulysses moves the Tentative budget dated October 9, 2012 to Preliminary Budget. **Resolution 109 – Set Date for Public Hearing on 2013 Budget BE IT RESOLVED that the Town Board of the Town of Ulysses set a date of October 23, 2012 at 6:30 PM at the Town Hall 10 Elm Street, Trumansburg, NY for the Public Hearing on the Preliminary Budget. PUBLIC HEARING OCTOBER 23, 2012 – 2013 BUDGET TOWN BOARD WORKING MEETING OCTOBER 23, 2012 **No Resolutions PUBLIC INFORMATIONAL MEETING OCTOBER 24, 2012 – LAKESHORE / CONSERVATION ZONE **No Resolutions SPECIAL TOWN BOARD MEETING OCTOBER 24, 2012 **Resolution 110 - REQUESTS FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION INFORMATION FROM THE VILLAGE OF TRUMANSBURG NEEDED TO EVALUATE CONTRACT DECISIONS FOR THE TOWN OF ULYSSES IN 2013. WHEREAS: The Town of Ulysses believes it is important to provide quality Emergency Medical Services (EMS) services to all the residents within the Town at a reasonable cost; and WHEREAS the Town feels it is in the best interest of all residents within the Town of Ulysses and the Village of Trumansburg both in terms of service provided and cost to taxpayers to have a shared-service agreement and single, Town-wide contract for EMS Page 59 services, and has provided a formal request to the Village to work collaboratively on this, and WHEREAS accompanying documentation of the short and longer term advantages of such an agreement has been researched and shared with the Village (http://www.ulysses.ny.us/council/EMS/ and http://ulysses.ny.us/pdf/EMS-ToU- resolution-6-12-2012.pdf), and further, The Village of Trumansburg has firmly and finally stated they are not willing to consider this collaborative option (7/11/2012 http://ulysses.ny.us/pdf/EMS-Village-resolution-7- 11-2012.pdf), and has previously stated that the Village does not need the Town participation for support of the Village EMS department, and that the Village would not tie the ability of a municipality to contract for Fire Protection Service with a contract for EMS (8/29/11 http://ulysses.ny.us/minutes-audio/EMS-2011-08-29.mp3); and WHEREAS at the October 3, 2012 Fire and EMS budget meeting, the Village Board presented the Town of Ulysses with two proposed budgets for Fire and EMS coverage in 2013: 1) for Fire Protection ($162,300) with a separate contract for Emergency Medical Service ($223,471), with a total cost for both contracts: $385,771, and 2) for Fire Protection only ($162,300), with an added “surcharge” to the Fire Department (also called a “standby fee” in 10/3 budget documents) unilaterally imposed by the Village EMS Department for Emergency Medical Service ($192,748), with a total cost for a Fire Protection contract: $355,048; and WHEREAS draft contracts or any other documentation outlining the spec ifics of the difference in what services would actually be provided in each of the two budget options were not provided to the Ulysses Town Board, and WHEREAS the Town of Ulysses had never been made aware in all the years of participation in the Fire Prot ection District or during any of the many joint meetings, discussions and negotiations with the Village regarding changes to EMS associated with the Village creating a separate ambulance department that the Village would unilaterally impose a surcharge for EMS as part of a Fire Protection contract, contrary to the Village Board’s prior commitment not to tie contracts for Fire Protection Services with contracts for EMS; and WHEREAS the Town has not been provided adequate information on how the EMS surcharge for the Ulysses portion of the Fire Protection district contract was calculated and apportioned; and WHEREAS it is the duty of the Town of Ulysses Board to both understand and communicate to Town residents the details of emergency response or any other p rovision of service that they enter into a contract for with taxpayer funds; and WHEREAS the annual Town budget needs to include a tax levy to residents of Ulysses Fire Protection District (i.e. all residents of the Town outside the Village of Page 60 Trumansburg) to pay for the cost of a Fire Protection Services contract, and the 2013 Town of Ulysses Budget must by NYS law be adopted no later than November 20, 2012, with a public hearing held no later than November 8; NOW, THEREFORE, BE IT RESOLVED and as such, the Town strenuously objects to the Village of Trumansburg unilaterally imposing a “surcharge” for EMS as part of a contract for providing fire protection service to the Town, at a total cost that is 92% of the quoted cost for a of separate contracts for t he two services, thereby linking contracts for the two services, contrary to the Village’s public commitment to the municipalities in the Fire Protection District not to do so; and BE IT RESOLVED the Town of Ulysses hereby directs the Attorney for the To wn to immediately request from the Attorney for the Village of Trumansburg contracts for each of the two options for Fire Protection offered by the Village of Trumansburg, as presented to the Town on 10/3/12 and outlined above: 1) A contract for Fire Prot ection Service and a separate EMS contract, and 2) A contract that ties Fire Protection Service and EMS together and imposes a surcharge for the latter; and that each of the contracts set forth, in detail, the services proposed to be provided by the Villag e of Trumansburg; the conditions governing provision of the proposed services; and any exclusions or waivers relating to such services. The Town requests the two alternate contracts be provided to the Town Supervisor by Friday November 9th, in order for the Board to have time to consider the costs and services provided, to make a decision on a contract for 2013 and include the appropriate tax levy in the Town of Ulysses Fire Protection District Fund, and meet the 2013 budget adoption guidelines set by NYS. BE IT FURTHER RESOLVED that the Town of Ulysses requests that the Village of Trumansburg Trustees and their attorney to work with the Town Supervisor, Deputy Supervisor, and Attorney for the Town to answer any questions necessary to clarify the language and intent of each of the Fire Protection Service contracts. BE IT FURTHER RESOLVED that the Ulysses Town Board also respectfully requests that the Village of Trumansburg Board of Trustees work collaboratively and in good faith with them to provide, upon reasonable request and with justification, the information necessary to fully enable the governing Boards to make policy decisions in the best interests of all our residents, and to inform the public on how their money is being spent without the need for Freedom of Information Requests and associated delays and increased costs for staff and municipal attorney time. REGULAR TOWN BOARD MEETING NOVEMBER 13, 2012 **Resolution 110 – Agenda/Budget Modifications/Claims/Minutes Agenda Page 61 Ms. Marino moved, seconded by Ms. Thomas to approve the agenda with the addition of a presentation by Doug Austic, Town of Ulysses Water Distribution & Maintenance Operator. Unanimously approved. Budget Modifications BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following Budget Modifications for the 2012 Budget: A Fund A9055.8 Disability Insurance increase $350.00 A9040.8 Worker’s Compensation decrease 350.00 DA Fund DA5140.1 Brush and Weed PS increase $3,000.00 DA5142.1 Snow Removal PS decrease 3,000.00 DB Fund DB5110.1 Highway Maintenance increase $10,000.00 DB 0599 Appropriated Fund Balance increase 10,000.00 Claims BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previously examined vouchers 414 through 473 in the amount of $65,662.88. Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited minutes of the Working Town Board Meeting of August 28, 2012, September 25, 2012, October 3, 2012, and October 12, 2012; Regular Town Board Meeting of September 11, 2012 and October 9, 2012; Public Hearing of October 9, 2012 and October 23, 2012; Special Town Board Meeting of October 10, 2012. FURTHER RESOLVED to table the minutes of the Working Town Board Meeting of October 23, 2012, Special Town Board Meeting of October 24, 2012 and the Public Information Meeting of October 24, 2012. **Resolution 111 – Steps to follow EMS and Fire Issues BE IT RESOLVED that the Town Board of the Town of Ulysses will proceed with the EMS and Fire Contract issue with the following steps: Page 62  Attorney Geldenhuys will pursue getting the details of the two contracts from Village Attorney Brad Pinsky,  Attorney Geldenhuys will speak with other attorneys that may be able to help the Town handle how to deal with having to sign a contract that they do not have the details for in order to get a service that the Town is required to provide,  The Town will use the highest number of $385,771 provided by the Village for the combined Fire Protection and EMS contract for the 2013 Town Budget.  Attorney Geldenhuys will look into the steps for a Municipal Certificate of Need (CON). **Resolution 112 – Establishing Ad Hoc Committee for Lakeshore Zoning BE IT RESOLVED that the Town Board of the Town of Ulysses create a working committee to research alternate options and language for the proposed Lakeshore Zoning based on input from the public and the Town Board members. This ad hoc committee will consist of:  Don Smith  Rebecca Schneider  Rod Hawks  Peter Fry  Darby Kiley  One representative from the Ulysses Lakeshore Association as chosen by the committee. FURTHER RESOLVED that the ad hoc committee will set their own time to convene but will notify the Town Clerk in order to publish the meeting dates. Mr. Kerness moved, seconded by Ms. Thomas to amend the resolution to replace one representative from the Ulysses Lakeshore Association with one additional lakeshore property owner. **Resolution 113 – Ideal Self-storage Expansion Request Whereas, the Town of Ulysses Zoning Law (Local Law #4 of 2007) Article III, Section 3.6 allows for re-zoning, where upon submission of preliminary materials to the Town, the Town Board decides if the proposed request merits further consideration, and the Town Board forwards the request to the Planning Board for their review and recommendations; and Whereas, on October 9, 2012, the Town Board received a proposal for the expansion of a nonconforming use for I-Deal Self Storage, located at 4118 Rabbit Run Road, Tax Parcel Number 12.-3-21.2, R2 Moderate Density Residence District; and Whereas, the property at 4118 Rabbit Run Road was in the Business District until the zoning updates in 2005; and Page 63 Whereas, the 2009 Comprehensive Plan Future Land Use Plan designates that area along Rabbit Run Road as “Natural Areas/Parkland”; and Whereas, the properties across the street on Rabbit Run Road include existing single-family homes; and Whereas, the property at 4118 Rabbit Run Road is separated from the Trumansburg Road B1-Business District by a steep bank on the rear property line: RESOLVED that the Town Board of the Town of Ulysses does not find this proposal to merit further consideration for rezoning. **Resolution 114 – Contract for Purchase Property Seneca Road Bridge BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Marino to sign the contract for the purchase of a portion of Tax Parcel 11.-1-1 for the amount of $2000; FURTHER RESOLVED that the purchase offer will expire on December 15, 2012, with a closi ng date no later than January 31, 2013. **Resolution 115 – 2013 Budget to Preliminary BE IT RESOLVED that the Town Board of the Town of Ulysses adopts the 2013 Preliminary Budget as modified. **Resolution 116 – Ulysses Youth Commission AT-large member Appointment BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Sharon Bilotta for the at-large member of the Ulysses Youth Commission. SPECIAL TOWN BOARD MEETING – NOVEMBER 16, 2012 **Resolution 117 – Court Audit BE IT RESOLVED that the Town Board of the Town of Ulysses on November 16, 2012, audited the Justice Court records for the calendar year 2011. **Resolution 118 – Approval of Final Draft Agriculture and Farmland Protection Plan BE IT RESOLVED that the Town Board of the Town of Ulysses approves the November 16, 2012, copy of the Agriculture and Farmland Protection Plan with minor corrections as the Final Draft Copy to be forwarded to the Tompkins County Agriculture and Farmland Protection Board and to present to the public. WORKING MEETING TOWN BOARD – NOVEMBER 27, 2012 **Resolution 119 – Minutes/Budget Modifications Minutes Page 64 BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited minutes of the Working Town Board meeting of October 23, 2012, Special Town Board meeting of October 24, 2012 and the Public Informational meeting of October 24, 2012. Budget Modifications BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following Budget Modifications for the 2012 Budget: A Fund A7310.1 Youth Employment increase $ 75.00 A1011.1 Admin Assistant PS decrease $ 75.00 A1420.4 Attorney CE increase $ 2,500.00 Transfer from Fund Balance “Assigned Legal” $ 2,500.00 **Resolution 120 – Ulysses Water Tower Monitor – Contract with Phoenix Sentry BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the quote from Phoenix Sentry for conversion to cellular communications, to monitor water levels at the Ulysses Water Tower at the quoted price of $8,594.00. **Resolution 121 – Water Rate Increase for 2013 INCREASING WATER RATES CHARGED TO CONSUMERS OF WATER IN THE TOWN OF ULYSSES WATER DISTRICTS 3 AND 4. WHEREAS The existing Water Service Agreement (2003) between the Town of Ithaca and the Town of Ulysses states that the Town of Ithaca has the right to increase the price of water supplied to Ulysses from time to time to reflect the increases of their source supply, and WHEREAS under the existing Water Service Agreement, the Town of Ithaca is required to give the Town of Ulysses at least 45 day notice to allow proper notification of the increase, and WHEREAS, The Town of Ithaca passed a resolution on October 15, 2012 notifying the Town of Ulysses of an increase in the water rate of $0.85 per thousand gallons effective January 1, 2013, to reflect the same rate increase for 2013 to the Town of Ithaca by Bolton Point, and WHEREAS the Town of Ulysses and the Town of Ithaca amended the 2003 Water Service Agreement in December 2011 to establish a formula for sharing the cost of unaccounted for water loss in the Woolf Lane area of the Town of Ithaca, which was previously the full responsibility of Ulysses (Water District 3 & 4); and as such, the Town of Ulysses feels that passing on to WD 3 & 4 customers the entire $.85 rate increase may not be necessary to maintain an adequate revenue for water service from the Town of Ithaca; and WHEREAS, the following table outlines the current and proposed water rates; and Page 65 Current Rate after 1/1/2013 Rate charged by Town of Ithaca to Town of Ulysses $4.99 $5.84 ($0.85 increase) Rate charge by the Town of Ulysses to Users in WD-3 & 4 $5.25 $6.00 ($0.75 increase) Difference to account for leakage in system $0.26 $0.16 WHEREAS according to Town of Ulysses Local Law #1 of 2003, a forty day notification of Water District 3 and 4 users is required prior to a rate increase; THEREFORE, BE IT RESOLVED that the new water rate for Town of Ulysses Water Districts #3 and #4 is established starting in the first quarter billing of 2013 at a price of $6.00 per thousand gallons. REGULAR TOWN BOARD MEETING DECEMBER 11, 2012 Resolution # 122 – Budget Modifications BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following Budget Modifications for the 2012 Budget: A Fund A1420.4 Attorney CE increase $ 8000.00 A1990.4 Contingency decrease $ 3400.00 Transfer from Fund Balance “Assigned Legal” $ 4600.00 DA Fund DA 5140.1 Brush & Weed PS increase $ 1350.00 DA5142.1 Snow Removal PS decrease $ 1350.00 Page 66 DB Fund DB9030 Social Security increase $ 800.00 DB9040 Workers Compensation decrease $ 641.00 DB9010 State Retirement Fund decrease $ 159.00 Resolution #123 – Claims/Minutes BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous examined voucher # 474 through 506 in the amount of $14,680.65. BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited minutes of the Working Town Board meeting of November 16, 2012, Special Town Board meeting of November 27, 2012 and the Regular Town Board meeting of November 13, 2012. Resolution #124 –Support for T of Lansing joining TC Health Care Consortium BE IT RESOLVED that the Town Board of the Town of Ulysses is in support of the Town of Lansing joining the Tompkins County Health Care Consortium. Resolution # 125 – Recommends appointment of Thys VanCort to Ad Hoc Committee BE IT RESOLVED that the Town Board of the Town of Ulysses recommends Thys VanCort to serve on the Ad Hoc Committee for Lakeshore Zoning review. Resolution #126 – Rescind Resolution to Recommend appointment of Thys VanCort BE IT RESOLVED that the Town Board of the Town of Ulysses rescind the previous resolution to recommend Mr. VanCort. Resolution # 127 – Thys VanCort to Ad Hoc Committee – RESOLUTION FAILED BE IT RESOLVED that the Town Board of the Town of Ulysses ask Thys VanCort to join the Ad Hoc Lakeshore Zoning Committee as the second lakeshore property owner, providing that he owns land in the lakeshore district. Resolution #128 – Table re-applying to NYS for Dock Regulations BE IT RESOLVED that the Town Board of the Town of Ulysses table the discussion to reapply to the State to regulate docks. FURTRHER RESOLVED that this will be scheduled for discussion at the January 8, 2013 meeting. Page 67 Resolution #129 – Set Date for Public Hearing/Public Information Meeting for Ulysses Agriculture and Farmland Protection Plan BE IT RESOLVED that the Town Board of the Town of Ulysses set the date of January 16, 2012 at 7:00 p.m. to hold a Public Informational meeting and Public Hearing on the final draft version of November 27, 2012 of the Ulysses Agriculture and Farmland Protection Plan. Resolution # 130 – Emergency Radio Upgrades Purchase BE IT RESOLVED that the Town Board of the Town of Ulysses approve the purchase of 5 (five) portable hand held radios to comply with the Federal Governments requirement going into effect January 1, 2013, providing that the test of the portable radios prove successful with the Ulysses Highway Department and upon the approval of the Supervisor. The cost of the radios not to exceed $8800. FURTHER RESOLVED that radios for the major trucks will be researched. Resolution #131 – Requesting Extension of Time for Review of the Revised Regulations for High Volume Hydraulic Fracturing Requesting an Extension of Time for Review of the Revised Regulations for High Volume Hydraulic Fracturing WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has filed a Notice of Continuation with the Department of State to extend the rulemaking process by 90 days in order to give New York State Commissioner of Health Dr. Nirav Shah time to complete his review of the draft Supplemental Generic Environmental Impact Statement (dSGEIS) on the Oil, Gas, and Solution Mining Regulatory Program: Well Permit Issuance for Horizontal Drilling and High-Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low-Permeability Gas Reservoirs, and WHEREAS, NYSDEC has established a 30-day public comment period on the revised draft regulations from December 12, 2012 through January 11, 2013, and WHEREAS, the documents released for public review by NYSDEC number 338 pages including the revised regulations 6 NYCRR Parts 52, 190, 550 - 556, 560, 750.1, and 750.3; a summary and assessment of public comments; and additional analyses and impact statements, and WHEREAS, Dr. Shah is providing a review, in consultation with outside experts, of whether NYSDEC has adequately addressed potential impacts to public health, but the DEC’s pr e-mature release of the proposed regulations with a mere 30-day comment period prohibits inclusion of the results of the independent review in the regulations that have been presented for public review, and WHEREAS, many substantive comments on health issues were included among the thousands of public comments on NYSDEC’s dSGEIS and it is unclear if the “outside experts” have been given sufficient time to consider these comments as part of their review, and Page 68 WHEREAS, the 30-day review period is completely inadequate for a thoughtful and thorough public review of the released documents and encompasses a period of time with major religious and national holidays, and WHEREAS, but due to Open Meeting Law requirements for advance public notice of a gendas and supporting materials, the 30-day comment period essentially eliminates or severely hinders the ability for county Boards of Health, municipal boards, and similar regulatory or advisory organizations to review the released documents and draft, approve, and issue comments. NOW THEREFORE BE IT RESOLVED that: 1. The NYSDEC should extend the public comment period on the revised regulations to a minimum of 90 days, and 2. The NYSDEC should also allow public comment on the results of the independent review of potential public health impacts during the same 90-day period, and 3. No final decision whether to allow fracking in New York State should be made without full consideration of said public comment on the regulations, the health impact r eview, and the revised SGEIS as well. Also, RESOLVED, that a certified copy of this resolution be sent to: Governor Andrew Cuomo; New York State Department of Environmental Conservation Commissioner Joe Martens, New York State Department of Health Commissioner Nirav Shah, New York State Association of Counties, New York State Association of Towns, New York State Association of State County Health Officials (NYASCHO), Tompkins County Board of Health, New York State Conference of Environmental Health Directors, Tompkins County Health Department, New York State Senator Thomas O’Mara, New York State Assemblywoman Barbara Lifton, EPA Region 2 Administrator Judith Enck, EPA Director Lisa Jackson, New York Senators Kirsten Gillibrand and Charles Schumer, New York State Congressman Thomas Reed. SEQR ACTION: TYPE II Resolution #132 – Adjourn to Executive Session BE IT RESOLVED that the Town Board of the Town of Ulysses adjourn to executive session to discuss a matter relevant to possible litigation. SPECIAL TOWN BOARD MEETING DECEMBER 20, 2012 Resolution #133 – Adjourn to Executive Session BE IT RESOLVED that the Town Board of the Town of Ulysses adjourn to executive session for advice from counsel. Resolution #134 – Approval of Fire & EMS Contract BE IT RESOLVED that the Town Board of the Town of Ulysses approve the contract for Fire and EMS for 2013 in the amount of $385,770.71 with the Village of Trumansburg with requests spelled out in the letter from the Attorney for the Town dated December 20, 2012. Page 69 Resolution #135 – Approval of Letter to Village’s Attorney BE IT RESOLVED that the Town Board of the Town of Ulysses approves the letter Attorney Geldenhuys is writing to the Village’s Attorney with the further edits as discussed. Resolution #136 –Accepts Insurance proposal from NYMIR RESOLVED that the Town of Ulysses accepts the insurance proposal dated 12/10/12 for general municipal insurance coverage beginning January 1, 2013 from NYMIR for a total $ 17,817.49 Resolution #137 – Authorization to Sign Fire & Ems Contract to Deputy Supervisor Thomas BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Deputy Supervisor Elizabeth Thomas to sign the contract for Fire and EMS for 2013. Resolution #138 - Authorizes Councilman Romer to purchase five (5) portable radios WHEREAS on January 1, 2013, new Federal Communications Commission regulations will be implemented governing public safety radio communication systems, including those used by the Ulysses Highway Department, and WHEREAS this change, called "narrow banding", will create additional radio spectrum to support more users, and WHEREAS not complying with these FCC rules leave the Town of Ulysses open to FCC enforcement action which may include monetary fines or loss of license and WHEREAS having new 800 MHz radios would make the Town of Ulysses Highway Department able to communicate county wide with all fire, police, EMS, TCAT and most other highway departments within the county. THEREFORE BE IT RESOLVED that the Town of Ulysses Town Board authorizes Councilman Romer to purchase five (5) portable radios that will be compatible with the Tompkins County emergency communication system and compliant with the new FCC rulings and RESOLVED the total purchase shall not exceed $9,500. Resolution #139 – Lakeshore Ad Hoc Committee BE IT RESOLVED that the following resolution supersedes all other resolutions to create an ad hoc committee on Lakeshore Zoning and, RESOLVED that the Town Board of the Town of Ulysses create a working committee to research alternate options and language for the proposed Lakeshore Zoning based on input received this fall from the public and Town Board members. This ad hoc committee will consist of Page 70 o Ulysses Planning Board Chair o Rebecca Schneider o Rod Hawks o Peter Fry o Darby Kiley RESOLVED that the ad hoc committee will have two additional members appointed by the Town Board, with one from the Ulysses Lakeshore Association and one from the West Shore Homeowners Association, provided the Associations deliver the following information, originally requested December 11, 2012, by December 31, 2012. o A list of their Association members o The bylaws of the Association which include the criteria to become a member. In the absence of the above bylaw and membership information, an additional lakeshore property owner will be appointed to the committee. Resolution #140 – Request Extension of Drilling Regulation Comment Period Ms. Thomas moved, seconded by Ms. Tyler the following: Requesting an Extension of Time for Review of the Revised Regulations for High Volume Hydraulic Fracturing WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has filed a Notice of Continuation with the Department of State to extend the rulemaking process by 90 days in order to give New York State Commissioner of Health Dr. Nirav Shah time to complete his review of the draft Supplemental Generic Environmental Impact Statement (dSGEIS) on the Oil, Gas, and Solution Mining Regulatory Program: Wel l Permit Issuance for Horizontal Drilling and High-Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low-Permeability Gas Reservoirs, and WHEREAS, NYSDEC has established a 30-day public comment period on the revised draft regulations from December 12, 2012 through January 11, 2013, and WHEREAS, the documents released for public review by NYSDEC number 338 pages including the revised regulations 6 NYCRR Parts 52, 190, 550 - 556, 560, 750.1, and 750.3; a summary and assessment of public comments; and additional analyses and impact statements, and WHEREAS, Dr. Shah is providing a review, in consultation with outside experts, of whether NYSDEC has adequately addressed potential impacts to public health, but the DEC’s pre-mature release of the proposed regulations with a mere 30-day comment period prohibits inclusion of the results of the independent review in the regulations that have been presented for public review, and Page 71 WHEREAS, many substantive comments on health issues were included among the thousands of public comments on NYSDEC’s dSGEIS and it is unclear if the “outside experts” have been given sufficient time to consider these comments as part of their review, and WHEREAS, the 30-day review period is completely inadequate for a thoughtful and thorough public review of the released documents and encompasses a period of time with major religious and national holidays, and WHEREAS, but due to Open Meeting Law requirements for advance public notice of agendas and supporting materials, the 30-day comment period essentially eliminates or severely hinders the ability for county Boards of Health, municipal boards, and similar regulatory or advisory organizations to review the released documents and draft, approve, and issue comments. NOW THEREFORE BE IT RESOLVED that: 1. The NYSDEC should extend the public comment period on the revised regulations to a minimum of 90 days, and 2. The NYSDEC should also allow public comment on the results of the independent review of potential public health impacts during the same 90-day period, and 3. No final decision whether to allow fracking in New York State should be made without full consideration of said public comment on the regulations, the health impact review, and the revi sed SGEIS as well. Also, RESOLVED, that a certified copy of this resolution be sent to: Governor Andrew Cuomo; New York State Department of Environmental Conservation Commissioner Joe Martens, New York State Department of Health Commissioner Nirav Shah, New York State Association of Counties, New York State Association of Towns, New York State Association of State County Health Officials (NYASCHO), Tompkins County Board of Health, New York State Conference of Environmental Health Directors, Tompkins County Health Department, New York State Senator Thomas O’Mara, New York State Assemblywoman Barbara Lifton, EPA Region 2 Administrator Judith Enck, EPA Director Lisa Jackson, New York Senators Kirsten Gillibrand and Charles Schumer, New York State Congressman Thomas Reed. SEQR ACTION: TYPE II Ms. Marino aye Ms. Thomas aye Ms. Tyler aye Mr. Romer aye Adopted