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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
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**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
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**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
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**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
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**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
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**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
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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
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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.
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**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,
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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
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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:
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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,
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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.
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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.
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**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
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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
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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
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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
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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
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**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.
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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.
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**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,
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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
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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.
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**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
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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
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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.
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**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.
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**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.
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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
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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
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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.
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** 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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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**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)
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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
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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
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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.
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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
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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
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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).
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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
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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.
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**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.
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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
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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
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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:
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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.
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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
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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
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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
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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:
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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