HomeMy WebLinkAbout2013 Index of Resolutions
INDEX OF 2013 **RESOLUTIONS
Contents
INDEX OF 2013 **RESOLUTIONS .............................................................................................................. 1
January 3, 2013 – Organizational Meeting ........................................................................................... 9
**Resolution #1- Monthly Board Meetings ...................................................................................... 9
**Resolution # 2 – Procedure for Review and Audit of Claims .......................................................... 9
**Resolution #3 – Designated News Media.................................................................................... 11
**Resolution #4 – Distribution of Minutes ..................................................................................... 11
**Resolution #5 – Mileage Reimbursement ................................................................................... 11
**Resolution #6 – Town Clerk’s Petty Cash .................................................................................... 12
**Resolution #7 – Crime Coverage ................................................................................................. 12
**Resolution #8 – Annual Financial Report Filing ........................................................................... 12
**Resolution #9 – Designated Depository ...................................................................................... 12
**Resolution # 10 – Annual Department Audit by Town Board ...................................................... 13
**Resolution # 11 – Town Procurement Policy............................................................................... 13
**Resolution #12 – Appoint Town Bookkeeper (adopted1/22/2013) ............................................. 13
**Resolution #13 – Appoint Deputy Supervisors (adopted 1/22/2013) .......................................... 13
**Resolution #14 – Appoint Deputy Town Clerk............................................................................. 13
**Resolution #15 – Appoint Deputy Highway Superintendent ....................................................... 14
**Resolution #16 – Appoint Court Clerk ......................................................................................... 14
**Resolution #17 – Appoint Water Superintendent ....................................................................... 14
**Resolution #18 – Payroll Periods ................................................................................................ 14
**Resolution #19 – Pay Rates ........................................................................................................ 15
**Resolution #20 – Submitting Time Carss (amended 2/8/2013) ................................................... 16
**Resolution #21A – Supervisor Appointments (adopted 1/22/2013) ............................................ 18
**Resolution # 21B – Town Board Appointments (amended 1/22/2013) ....................................... 18
**Resolution #22 – Planning Board / Zoning Board Appointments ................................................. 19
**Resolution #23 – Appoint Town Attorney ................................................................................... 20
**Resolution #24 – Cleaning Contract ............................................................................................ 20
**Resolution #25 A – Town Hall Maintenance ............................................................................... 20
**Resolution # 25B – ..................................................................................................................... 20
**Resolution #26 – Adding to Agenda ............................................................................................ 20
**Resolution #27 – ADA ................................................................................................................ 21
**Resolution #28 – **Resolution/Motion Index ............................................................................. 21
**Resolution #29 – Prohibition Against Gifts by Municipalities ...................................................... 21
**Resolution #30 –Organizational **Resolutions - amendment ..................................................... 21
**Resolution #31 – Authorizing Highway Superintendent to enter into Shared Service Agreements
...................................................................................................................................................... 21
JANUARY 8, 2013 – REGULAR TOWN BOARD MEETING ...................................................................... 22
**Resolution #32 – Agenda/Claims/Minutes.................................................................................. 22
**Resolution # 33 – Comment Period for Ag & Farmland Plan ....................................................... 22
**Resolution #34 – Ad Hoc Zoning Committee – appointment Don Wilson .................................... 22
**Resolution #35 – Drilling Regulation Comments ......................................................................... 22
**Resolution #36 - Remove Chairman PB from Ad Hoc Committee ................................................ 38
**Resolution #37 - Ad Hoc Committee Members .......................................................................... 38
**Resolution #38 – Personnel Policy Amended .............................................................................. 39
January 16, 2013 Public Informational Meeting – Lakeshore & Conservation Zone ............................ 39
No. **Resolutions .......................................................................................................................... 39
January 16, 2013 Public Hearing on Lakeshore & Conservation Zone ................................................. 39
No **Resolutions ........................................................................................................................... 39
January 22, 2013 Town Board Working Meeting ................................................................................ 39
**Resolution #39 – Budget Modifications ...................................................................................... 39
**Resolution #40 Appointment to TC Recreation Partnership ........................................................ 40
**Resolution #41 Appointment of Delegate to Annual Association meeting .................................. 40
**Resolution #42 Revisions for Standards & Details for Water Facilities (note later rescinded) ..... 40
**Resolution #43 Renewal of Contract Soil & Water Conservation District .................................... 40
**Resolution #44 Organization Meeting **Resolutions ................................................................. 41
**Resolution# 45 Rescinds **Resolution for Standards Specifications and Details for Water
Facilities ........................................................................................................................................ 43
**Resolution# 46 Approval to Hire Project Assistant .................................................................... 43
February 11, 2013 Regular Town Board Meeting ............................................................................... 43
**Resolution #47 Agenda/Vouchers/Budget Modifications/Minutes ............................................. 43
**Resolution #48 Appreciation to Sue Poelvoorde ......................................................................... 44
**Resolution #49 Adjournment to Closed Session.......................................................................... 44
**Resolution # 50 Organizational **Resolution # 2013-20 ............................................................. 44
**Resolution #51 Order for Public Hearing on Establishment of Ambulance District ...................... 45
February 26, 2013 – Public Hearing on Proposed Ulysses Ambulance District.................................... 46
No **Resolutions ........................................................................................................................... 46
February 26, 2013 – Town Board Working Meeting .......................................................................... 46
**Resolution #52 SEQR Agriculture & Farmland Protection Plan .................................................... 46
**Resolution #53 Adopting Ulysses Agriculture and Farmland Protection Plan .............................. 47
**Resolution #53 Adopting Ulysses Agriculture and Farmland Protection Plan .............................. 48
**Resolution #54 Accept Proposal from Black Locust Initiative ...................................................... 50
**Resolution #55 Contract with Public Sector HR to Revise Personnel Policy ................................. 50
**Resolution #56 Senior Citizen & Disabled Persons Tax Exemption .............................................. 50
**Resolution # 57 Local Government Records Management Improvement Fund – Terminate Seizure
of Funds......................................................................................................................................... 51
**Resolution # 58 Agreement to Participate In Shared Service Grant with Tompkins County ........ 52
**Resolution# 59 Undertaking for Benefit of the NYSDOT in Connection With Work on State
Highways ....................................................................................................................................... 52
March 12, 2013 Regular Town Board Meeting ................................................................................... 53
**Resolution # 60 Agenda/Vouchers/Minutes ............................................................................... 53
**Resolution #61 Resignation of Don Smith / Appointment of David Kerness Ad Hoc Committee .. 53
**Resolution #62 Establishment of Ambulance District After Public Hearing .................................. 53
**Resolution #63 - Approving Contract with Habitat for Humanity for NYS Small Cities CDBG Funds
...................................................................................................................................................... 54
**Resolution # 64 Letter of Support Cayuga Lake Triathlon ............................................................ 55
**Resolution #65 Establishing Committee to Work with Public Sector HR on Personnel Policy ....... 56
March 26, 2013 Working Town Board ................................................................................................ 56
**Resolution #66 Review and Revise Proposals from Tri County & Alarm Tech .............................. 56
**Resolution #67 Minutes ............................................................................................................. 56
**Resolution #68 Accepts Quote from Aqua Logics Systems to Convert Water District
Monitoring System ....................................................................................................................... 56
**Resolution #69 Modify Budget for Aqua Logics Payment of $9,275.00 .................................. 57
**Resolution #70 Internal Audit .................................................................................................. 57
**Resolution #71 Executive Session ............................................................................................ 57
April 9, 2013 Regular Town Board Meeting ........................................................................................ 57
**Resolution #72 Agenda/Claims/Minutes .................................................................................... 57
**Resolution # 73 Adopting Agricultural Assessments on Agricultural Land for Purpose of
Calculating Benefit Assessments or Special Ad Valorem Levies for the Town of Ulysses Fire
Protection District .......................................................................................................................... 58
**Resolution # 74 Agricultural Assessment on Agricultural Land for Purposes of Calculating Benefit
Assessment or Special Ad Valorem Levies for the Town of Ulysses Ambulance District ................... 58
**Resolution #75 Supporting Highway Superintendent Letter to TC Highway Department............. 59
**Resolution # 76 Executive Session .............................................................................................. 59
**Resolution # 77 Compensation to Supervisor for Acting as Budget Officer .................................. 60
**Resolution #78 Modify 2013 Budget to Separately Compensate Supervisor Who Acts as Budget
Officer ........................................................................................................................................... 61
APRIL 29, 2013 SPECIAL TOWN BOARD MEETING............................................................................... 61
**No **Resolutions ....................................................................................................................... 61
APRIL 30, 2013 TOWN BOARD WORKING MEETING ........................................................................... 61
**Resolution # 79 Agenda/Minutes ............................................................................................... 62
**Resolution #80 Supervisor Appointment Elizabeth Thomas ........................................................ 62
**Resolution #81 Town Board Appointment Nancy Zahler ............................................................ 62
**Resolution #82 Chamber of Commerce Signs ............................................................................. 63
**Resolution #83 Use of Town Vehicles ......................................................................................... 64
**Resolution #84 Surplus Equipment ............................................................................................. 64
**Resolution #85 Adding Signature to Checks ................................................................................ 64
**Resolution #86 Purchasing Municipal Equipment ....................................................................... 65
**Resolution #87 Executive Session ............................................................................................... 65
MAY 14, 2013 REGULAR TOWN BOARD MEETING .............................................................................. 65
**Resolution #88 Agenda/Claims/Minutes .................................................................................... 65
**Resolution #89 Surplus Equipment ............................................................................................. 65
**Resolution #90 Urging New York State to Declare Invalid the RDSGEIS for High Volume Horizontal
Hydraulic Fracturing....................................................................................................................... 66
**Resolution #91 New Liaison Positions ........................................................................................ 67
**Resolution#92 Executive Session ................................................................................................ 68
TOWN BOARD WORKING MEETING MAY 28, 2013 ............................................................................. 69
****Resolution#93 – Retain Whiteman, Osterman & Hanna LLP ................................................... 69
****Resolution#94 – Village Police Contract .................................................................................. 69
****Resolution#95 – Mainstay Contract ........................................................................................ 69
****Resolution#96 – Natural Gas – Hazardous Wastes .................................................................. 69
****Resolution#97 - Natural Gas – Health Impact Study **Resolution........................................... 70
****Resolution#98 - Executive Session .......................................................................................... 71
REGULAR TOWN BOARD MEETING JUNE 11, 2013 ............................................................................. 71
****Resolution#99 – Agenda, Claims and Minutes ........................................................................ 71
****Resolution#100 – Speed Limit Reduction Searsburg Road ...................................................... 71
****Resolution#101 – Budget Modifications ................................................................................. 71
****Resolution#102 – Appointment of Historian/Deputy Historian ............................................... 72
****Resolution#103 – Appoint Alternate Board of Directors Health Consortium ........................... 72
****Resolution#104 – Exemption to Sell Wine at Taughannock Park Concerts .............................. 72
****Resolution#105 – Executive Session ....................................................................................... 72
TOWN BOARD WORKING MEETING JUNE 25, 2013 ............................................................................ 72
****Resolution#106 – Agenda / Minutes ....................................................................................... 72
****Resolution#107 – Open Space **Resolution ........................................................................... 73
****Resolution#108 – Amicus Brief ............................................................................................... 73
REGULAR TOWN BOARD MEETING JULY 9, 2013 ................................................................................ 74
****Resolution# 109 – Adopting Agenda/Claims/Minutes ............................................................. 74
****Resolution# 110 – Authorization for the Town Clerk to Enter into a 5-year Agreement with
Tompkins County for the Tompkins Shared Services Electronic Records Repository ....................... 74
****Resolution #111 -Support for the Tompkins County Clerk’s Application for Funding from the
New York State Consolidated Funding Application for Shared Services under the Local Government
Efficiency Grant ............................................................................................................................. 75
****Resolution#112 – Allow Privilege of the Floor at the July 11, 2013 Special Town Board
Meeting ......................................................................................................................................... 76
SPECIAL TOWN BOARD MEETING JULY 11, 2013 ................................................................................ 76
Review of Lakeshore Zoning – can be heard on the audial on the web ........................................... 76
TOWN BOARD WORKING MEETING JULY 23, 2013 ............................................................................. 76
****Resolution#113 – Approval of Agenda/Minutes/Claims .......................................................... 76
****Resolution#114 – Amended **Resolution Of The Ulysses Town Board Approving Contract With
Habitat For Humanity For NYS Small Cities CDBG Funds ................................................................. 76
****Resolution#115 - **Resolution Regarding PSC Case No. 12-E-0577, Supporting The Up-
Grading Transmission Lines And Rejecting The Conversion An Electricity G enerating Plant To
Natural Gas.................................................................................................................................... 77
****Resolution# 116 – Approval to Certify the Secretary of State as a Receiver of Notice of Claims
...................................................................................................................................................... 80
**Reolution#117 – Support Falls Road Route for Village Water Line .............................................. 81
****Resolution#118 – Contribution to the Outreach Group Hydrilla Task Force ............................ 81
****Resolution#119 – Executive Session ....................................................................................... 81
****Resolution# 120 – Deputy Clerk Pay ....................................................................................... 81
****Resolution#121 – Reduction of Elected Officials Salary for 2014 ............................................. 82
REGULAR TOWN BOARD MEETING AUGUST 20, 2013 ........................................................................ 82
****Resolution#122 – Agenda/Claims/Minutes ............................................................................. 82
****Resolution#123 – Budget Modifications ................................................................................. 82
****Resolution# 124 – Appointment Youth Committee Member – Andrea Murray ....................... 83
****Resolution# 125 – Appointment to Planning Board – Brian Cutler .......................................... 83
****Resolution# 126 – Broad Band Contribution .......................................................................... 83
TOWN BOARD WORKING MEETING AUGUST 27, 2013 ....................................................................... 84
****Resolution# 127 - Agenda ................................................................................................... 84
****Resolution# 128 – Setting Public Hearing for Local Law #1 2013 ............................................. 84
****Resolution#129 – Set Public Informational Meeting – non-conforming................................... 86
REGLAR TOWN BOARD MEETING SEPTEMBER 10, 2013 ..................................................................... 86
****Resolution#130 – Agenda/Claims/Minutes ............................................................................. 86
****Resolution# 131 – SEQR Local Law #1 ..................................................................................... 86
*****Resolution#132 – Adopting Local Law# 2 2013 Development District 11 Rezoned to A1 ....... 87
****Resolution#133 –Set Public Hearing for Local Law #2 Non-Conformance ............................. 89
****Resolution#134 – Set Public Hearing for Local Law #3 Tax Cap Override ................................. 90
****Resolution#135 – Authorizing Court to Apply for Grant .......................................................... 90
****Resolution#136 – Closed Session ............................................................................................ 90
PUBLIC HEARING SEPTEMBER 10, 2013 .............................................................................................. 90
*** Local Law to amend Article XVI of the Zoning Law to change Development District #11 (the
Miniature Golf Course) to A1-Agricultural District. ......................................................................... 90
PUBLIC INFORMATION MEETING SEPTEMB 10, 2013 ......................................................................... 90
***Information on - Zoning Law Article XX – Non-Conformance .................................................... 90
WORKING TOWN BOARD MEETING SEPTEMBER 24, 2013 ................................................................. 90
**Rersolution#137 – Approval of Agenda // Minutes ..................................................................... 90
***Resolution#138 – Executive Session ......................................................................................... 91
PUBLIC HEARINGS ON PROPOSED LOCAL LAW #2 - #3 SEPTEMBER 25, 2013 ...................................... 91
***Local Law #2 – Tax Override Local Law #3- Non-Conformance Language ................................ 91
REGULAR TOWN BOARD MEETING OCTOBER 8, 2013 ........................................................................ 91
***Resolution#139 – Agenda/Claims/Minutes ............................................................................... 91
***Resolution#140 – Budget Modifications 2013 .......................................................................... 91
***Resolution#141 – Local Law#2 – Tax Cap Override ................................................................... 91
***Resolution# 143 - Set Public Hearing on Proposed Local Law #3 – Non-Conformance .............. 93
***Resolution# 144 – Yard Requirements Conservation Zone ........................................................ 93
***Resolution#145 – Support for Jacksonville Church .................................................................... 93
WORKING TOWN BOARD MEETINGS OCTOBER 10. 2013 / OCTOBER 15, 2013 ................................. 93
***Reviewing Tentative 2014 Budget ............................................................................................ 93
WORKING TOWN BOARD MEETING OCTOBER 22, 2013 ..................................................................... 94
***Resolution#146 – Approval of Agenda ...................................................................................... 94
***Resolution#147 – Budget 2014 Health Insurance ..................................................................... 94
***Resolution#148 – Adoption of Tentative Budget to Preliminary Budget 2014 ........................... 94
PUBLIC HEARING OCTOBER 22, 2013 ................................................................................................. 94
**Proposed Zoning LL #3 – amend Article XX – Non Conformance ................................................. 94
PUBLIC HEARING OCTOBER 30, 2013 ................................................................................................. 94
***2014 Preliminary Budget .......................................................................................................... 94
REGULAR TOWN BOARD MEETING NOVEMBER 12, 2013 ................................................................... 94
***Resolution#149 –Agenda/Claims/Minutes ............................................................................... 94
***Resolution#150 – Budget Modifications ................................................................................... 94
REGULAR TOWN BOARD MEETING NOVEMBER 12, 2013 ................................................................... 95
***Resolution# 148 – Agenda/Claims/Minutes .............................................................................. 95
***Resolution# 149 – Budget Modifications .................................................................................. 95
To bud get for Town Histo rian training out of communication line, which has spent only about 58% of its
Budget YTD ..................................................................................................................................... 96
***Resolution #150 – Non-Conformance SEQR .............................................................................. 96
***Resolution#151 – 2014 Budget Adoption ................................................................................. 96
***Resolution #152 – Change in Rules and Procedures .................................................................. 96
***Resolution #153 –Waive Rules and Procedures ........................................................................ 96
***Resolutions #154 – Contract with E-Code ................................................................................. 96
SPECIAL TOWN BOARD MEETING NOVEMBER 18, 2013 ..................................................................... 97
***Resolution# 155 – Modified Agenda ......................................................................................... 97
***Resolution# 156 – Setting Public Hearing date for December 2, 2013 – Revised Zoning Law ..... 97
PUBLIC INFORMASTIONSL MEETING ON ZONING LAW – NOVEMBER 18, 2013 .................................. 98
SPECIAL TOWN BOARD MEETIMNG – NOVEMNER 25, 2013 ............................................................... 98
***Resolution# 157 –Policies AND Procedures .............................................................................. 98
***Resolution #158 –Appoint Records Access Officer .................................................................... 98
***Resolution#159 – Adding Privilege of Floor to Agenda .............................................................. 99
WORKING TOWN BOASRD MEETING – NOVEMBER 26, 2013 ............................................................. 99
***Resolution#160 Agenda/Minutes ............................................................................................. 99
***Resolution#161 – Appointment of Deputy Supervisor ............................................................ 100
***Resolution#162- Declaring Surplus Equipment ....................................................................... 100
***Resolution#163 – Changing Date of December Working Meeting ........................................... 101
***Resolution#164 - REQUEST TO EXTEND THE DEC COMMENT PERIOD ON LIQUIFIED NATURAL
GAS
STORAGE
101
***Resolution#165 – Contract for Interim Attorney ..................................................................... 102
***Resolution#166 – Supporting TC Transfer of Property ............................................................ 102
***Resolution#167 –Accepting Language of Fire Agreement sand Ambulance Agreement .......... 102
***Resolution#168 – Setting Public Hearing Fire and Ambulance Agreement .............................. 103
PUBLIC HEARING DECEMBER 2, 2013 ............................................................................................... 103
No Resolutions ............................................................................................................................ 103
REGULAR TOWN BOARD MEETING DECEMBER 10, 2013 .................................................................. 103
***Resolution#169 – Agenda/Claims/Minutes ............................................................................. 103
***Resolution#170 – Budget Modifications ................................................................................. 103
**Resolution#171 - Engineering Contract Water #3 ..................................................................... 104
***Resolution#172 – Park Foundation Grant ............................................................................... 104
***Resolution#173 – Appointment EMC Representative ............................................................. 105
***Resolution#174 – Set Date for 2014 Organizational Meeting .................................................. 105
WORKING TOWN BOARD MEETING DECEMBER 17, 2013 ................................................................. 105
***Resolution#175 – Agenda....................................................................................................... 105
***Resolution#176 – SEQR Determination Local Law #3 .............................................................. 105
***Resolution#177 – Adoption of Local Law #3 – Zoning Amendment Law .................................. 106
***Resolution#178 - Fire Protection Services .............................................................................. 109
***Resolution#179 – Ambulance Service 2014 ............................................................................ 110
***Resolution180 – Appointment of Alternate Records Access Officer ........................................ 111
January 3, 2013 – Organizational Meeting
**Resolution #1- Monthly Board Meetings
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 – Procedure for Review and Audit of Claims
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 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 5 p.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 engag ed 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) payment s 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
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.
**Resolution #4 – Distribution of Minutes
BE IT RESOLVED, copies of the official minutes of the Town Board, prepared and
distributed by the Town Clerk, shall be distributed electronically unless otherwise
requested to each Town Board member, Town Justices, Highway Superintendent,
Building 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, but not available on
the web site, and distributed to Town Board members for review within 14 days of
the date of the meeting.
**Resolution #5 – Mileage Reimbursement
BE IT RESOLVED mileage at a rate of $0.565 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
BE IT RESOLVED that the Town Clerk’s petty cash fund of $150 is extended for the
year 2013.
**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 $100,000 ($1,000 deductible)
Employee Theft - Per Loss $50,000 ($2,500 deductible)
Excess Coverage:
Deputy Supervisor $650,000
Supervisor $650,000
Tax Collector/Town Clerk $650,000
Includes Faithful Performance - Total Premium 2013 - $1,068.10
**Resolution #8 – Annual Financial Report Filing
BE IT RESOLVED in lieu of the annual financial report required by To wn 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 – Designated Depository
BE IT RESOLVED the Tompkins Trust Company is designated as depository in which
the Supervisor, Town Clerk, Justices, and other employees by virtue of their offices,
shall deposit all monies coming into their hands and,
FURTHER RESOLVED the Town investments can be made at other banks and
institutions as outlined in the Towns investment policy. The Town investment policy
shall be reviewed and approved by the Town Board during the year and revised as
necessary.
**Resolution # 10 – Annual Department Audit by Town Board
BE IT RESOLVED that the Town Board of the Town of Ulysses will do the Annual
Audit of the books for each department on Frida y, February 8, 2013 at 8:30am
**Resolution # 11 – Town Procurement Policy
BE IT RESOLVED that the Town Procurement policy as adopted on November 17, 2010
is the ruling document for 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 – Appoint Town Bookkeeper (adopted1/22/2013)
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 – Appoint Deputy Supervisors (adopted 1/22/2013)
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 Elizabeth Thomas as the first
Deputy Supervisors. The position of the second Deputy Supervisor is left vacant.
**Resolution #14 – Appoint Deputy Town Clerk
BE IT RESOLVED that the Town Board has established the Office of Deputy Town
Clerk, to continue in 2013 at an annual budgeted sa lary 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 Appointment s) of the Town Manual of Position Descriptions.
In accordance with Town Law, the Town Clerk appoints the Deputy Town Clerk. The Town
Clerk appoints Patricia Halloran as Deputy Town Clerk for 2013.
**Resolution #15 – Appoint Deputy Highway Superintendent
BE IT RESOLVED that the Town Board has established the office of Deputy Highway
Superintendent, to continue in 2013. 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 David Reynolds as Deputy Highway Superintendent.
**Resolution #16 – Appoint Court Clerk
BE IT RESOLVED that the Town Justices are authorized to employ the services of a
Court Clerk to assist in the administration and bookkeeping, at the 2013 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 Michelle Townley as Court Clerk for 2013.
**Resolution #17 – Appoint Water Superintendent
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 2013 calendar year.
**Resolution #18 – Payroll Periods
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 St aff, 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, Superviso r
Annually: Historian
Voucher: contractual workers and all others not listed above
**Resolution #19 – Pay Rates
BE IT RESOLVED that the Town Board hereby establishes the following pay rates for
employees and elected officials in 2013. If necessary to appoint a new employee or
replace an elected official during the year of 2013, the Town Board will establish a salary
commensurate with the experience and availability of funds:
Position
2013 Budgeted
Appropriation
hourly rate if applicable
Supervisor
$15,608
Deputy Supervisor
$25,557 $22.44/hr.
Town Board Administrative Assistant
$10,000 $22.44/hr.
Bookkeeper
$18,774
Councilperson
$4,116.72
Town Clerk
$60,175
Deputy Town Clerk $30,500
Town Justice
$15,955 each
Court Clerk $33,192
Enforcement Officer for Building Code $29,869
Deputy Enforcement Officer $10,400 $18.80
Zoning Officer $26,780
Planner $26,780
Planning and Zoning Clerk $6,120 $16,39
Highway Superintendent
$58,429
Deputy Highway Superintendent multiple budget lines $21.27
Highway Machine Equipment Operators
Laborer
multiple budget lines
multiple budget lines
$16.63 - $19.68
$13.04
Water Distribution & Maintenance
Operator
$15,085
Water District Laborer $4,426 $18.80
Historian $1,530
**Resolution #20 – Submitting Time Carss (amended 2/8/2013)
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,
holiday or other time off on a Town of Ulysses time card to maintain accurate r ecords 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 / Emp loyee Supervisor must give
electronic approval as part of the time card submission. Salaried and hourly employees (non-
elected) 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 approving 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.
Employee
Employee Supervisor
Deputy Supervisor Town Supervisor Roxanne Marino
Town Board Administrative Assistant Town Supervisor Roxanne Marino,
Bookkeeper Town Supervisor Roxanne Marino,
Town Clerk
*
Deputy Town Clerk Town Clerk Marsha Georgia,
Court Clerk Town Justices
Enforcement Officer Town Supervisor Roxanne Marino,
Deputy Enforcement Officer Enforcement Officer Alex Rachun,
Zoning Officer/Planner Town Supervisor Roxanne Marino,
Planning and Zoning Clerk Zoning Officer/Planner Darby Kiley,
Highway Superintendent *
Deputy Highway Superintendent Highway Superintendent James Meeker
Highway Machine Equipment
Operators
Laborer
Highway Superintendent James Meeker
Water Distribution & Maintenance
Operator
Town Supervisor Roxanne Marino
Water District Laborer Water Distribution and Maintenance
Operator Doug Austic
**Resolution #21A – Supervisor Appointments (adopted 1/22/2013)
BE IT RESOLVED that the Supervisor proposes the following Town Board liaison
appointments and request that each appointee report to the Town Board at least annually:
A. Highway Department Kevin Romer
B. Trumansburg Village Board of Trustees Elizabeth Thomas
C. Personnel David Kerness
D. Health Insurance Consortium Board Lucia Tyler
E. Planning Board and Board of Zoning Appeals David Kerness
F. Fire Department Kevin Romer
G. County and other Emergency Management Kevin Romer
H. Town Court David Kerness
I. Trumansburg Ulysses Youth Commission Lucia Tyler/Elizabeth Thomas
**Resolution # 21B – Town Board Appointments (amended 1/22/2013)
BE IT RESOLVED that the Town Board makes the following appointments and request that
each appointee 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 Cheryl Thompson,
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 Sharon Bilotta and vacant
I. Recreation Partnership representative Durand VanDorn
J. Tompkins County Youth Services Board Elizabeth Thomas
K. Ithaca/Tompkins County Transportation
Council Planning Committee
Darby Kiley
L. Ithaca/Tompkins County Transportation
Council Policy Committee
Darby Kiley
M. Tompkins County Council of Governments L. Thomas
N. Tompkins County Area Development Dave Kerness
O. Fair Board liaison Kevin Romer
P. Historian Nancy Dean
Q. Water District Advisory Board Chairperson Diane Hillman
R. Tompkins County Animal Control Roxanne Marino
S. Cayuga Lake Water Shed Intermunicipal Org. Darby Kiley
**Resolution #22 – Planning Board / Zoning Board Appointments
BE IT RESOLVED that the Town Board has appointed the following Planning Board
and Board of Zoning Appeals with staggered annual appointments. Members whose
terms expire in 2012 may be either replaced or reappointed. The following members
being reappointed for 2013:
George Tselekis as Zoning Board of Appeals Member
Rebecca Schneider as Planning Board Member
**Resolution #23 – Appoint Town Attorney
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 2013 Addendum to Retainer Agreement which sets hourly
fees for billing at $180 (Attorney) and $120, (Paralegals) is adopted. All other provisions
for the 2009 Retainer Agreement shall remain in full force and effect subject to revision.
Further Resolved that the Town Board authorizes the Town Supervisor to sign the
Addendum to the Retainer Agreement for 2013.
**Resolution #24 – Cleaning Contract
BE IT RESOLVED that the Town Board authorizes the Town Supervisor to sign the
cleaning contract at the rate of $654. Per month with Melanie Steverson-Jarvis.
**Resolution #25 A – Town Hall Maintenance
BE IT RESOLVED that the Town Board authorizes the Town Supervisor to sign the
Town Hall maintenance contract at the rate specified in the 2013 contract with Mainstay
Builders.
**Resolution # 25B –
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 #26 – Adding to Agenda
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 #27 – ADA
BE IT RESOLVED any individual having any special needs and wishing to attend a
meeting please advise the Town Clerk of the special requirements at least one week prior
to the meeting (ADA).
**Resolution #28 – **Resolution/Motion Index
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. This index of **Resolutions will be updated at least quarterly.
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 and on the website.
**Resolution #29 – Prohibition Against Gifts by Municipalities
BE IT RESOLVED that in accordance with the New York State Constitutional
prohibition against gifts by municipalities as described in Article III, Section 1, the Town
of Ulysses will not give bonuses, donations, or other gifts of recognition for service
(retirement, annual appreciation, or otherwise) to any organizations, volunteers, or other
individuals in the employment of the Town or otherwise providing service to the Town or
the community. The Town may, however, hold recognition events and provide
refreshments.
**Resolution #30 –Organizational **Resolutions - amendment
BE IT RESOLVED that any and all of these Organizational **Resolutions be and remain
subject to amendment throughout the year by the Town Board.
The Town Clerk shall provide a certified copy of the finalized Organizational Meeting
minutes and any amended versions to all Town Board members, and place the most
recent version on the web under Meeting Minutes
**Resolution #31 – Authorizing Highway Superintendent to enter into Shared Service Agreements
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 hig hway
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.
JANUARY 8, 2013 – REGULAR TOWN BOARD MEETING
**Resolution #32 – Agenda/Claims/Minutes
Agenda - Ms. Thomas modified the agenda with the Board’s approval.
Claims - BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
previous examined voucher # 507 through 537 (2012) and 1 through 13 (2013) in the
amount of $35,823.23.
Minutes - BE IT RESOLVED that the Town Board of the Town of Ulysses appro ves the
edited minutes of the Regular Town Board meeting of December 11, 2012, and Special
Town Board meeting of December 20, 2012.
**Resolution # 33 – Comment Period for Ag & Farmland Plan
BE IT RESOLVED that the Town Board of the Town of Ulysses is adding a comment
period ending February 1, 2013 on the Ag and Farmland Protection Plan in order to
allow the public to submit comments in writing regarding the plan. Written comments
may be submitted to the Town Clerk, Marsha Georgia at 10 Elm St. Trumansburg, NY
14886 or touclerk@twcny.rr.com. The Clerk will post this information on the Clerk's
bulletin board and the town web site.
**Resolution #34 – Ad Hoc Zoning Committee – appointment Don Wilson
BE IT RESOLVED that the Town Board of the Town of Ulysses nominate Don Wilson
as a lakeshore property owner to serve on the Ad Hoc committee to make revisions to the
Lakeshore Zoning.
**Resolution #35 – Drilling Regulation Comments
TOWN OF ULYSSES
**RESOLUTION 2013-01-08: PROVIDING COMMENT ON THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION REVISED
REGULATIONS GOVERNING HIGH VOLUME HYDRAULIC FRACTURING.
WHEREAS the Town Board of Ulysses is seriously committed to protecting the health,
welfare and safety of our local residents; and
WHEREAS a pool of evidence is building that gives us grave concern over the safety of
the natural gas extraction technique termed high volume hydraulic fracturing (HVHF);
and
WHEREAS the Governor and Department of Environmental Conservation have both
stated that regulations governing HVHF will be based on the results of science, yet
extremely few scientific studies have been completed that would reassure those living
near areas of HVHF as to its safety; and
WHEREAS the Town Board of Ulysses is highly concerned about the economic and
community impacts as well as health effects caused by HVHF.
THEREFORE, BE IT RESOLVED that the Town Board of the Town of Ulysses submits
the following comments on the proposed regulations on high volume hydraulic fracturing
(HVHF); and
FURTHER 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
New York State Association of State County Health Officials (NYASCHO), 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,
DEC Department of Mineral Resources Director Bradley Field and DEC Department of
Mineral Resources Assistant Director Katherine Sanford, U.S. Department of Energy
Secretary Steven Chu, President Barak Obama.
1) Regarding process of forming regulations on HVHF
The Town Board of Ulysses opposes New York State’s process of finalizing the
regulations on HVHF prior to the release of a health review headed by Dr. Shah and
without a full health impact study.
We also opposed the release of these regulations prior to the finalization of the
supplemental General Environmental Impact Statement (sGEIS). Comments and
recommendations from the sGEIS should first be released, analyzed and then finally
incorporated into the regulations if it is determined that the environmental and health
effects from HVHF are proven to be safe. State law requires that the DEC regulations be
based on sound standards according to the State Administrative Procedures Act to assure
that they identify studies that are the basis for their proposed regulations but this has not
been provided via a regulatory impact statement.
2) Regarding process of commenting on new HVHF regulations
The DEC’s process for taking comments is incredibly cumbersome having provided no
complete set of regulations on the website to access information such as definitions, nor
to be able to cross check if topics are mentioned in other parts of the newly proposed
regulations. This is not a good example of open government, to the contrary, the
segmented regulations and tight comment timeline over a holiday season projects a much
closed process.
3) Regarding using a science-based approach to forming the HVHF regulations
The DEC and Governor Cuomo have repeatedly stated that the regulations and
supplemental General Environmental Impact Statement would be based on science.
These regulations however, cite no scientific evidence for decisions such as setbacks, the
time period for liquid fracking waste to remain in open pit ponds, how radioactive wastes
will be disposed safely, how waste water will be treated or safely disposed and how air
quality from wells affects the surrounding area. Further research is needed to determine
how methane and hydrofracking flu ids have been found to be able to migrate into water
bodies and throughout the geologic profile. The DEC should hold to its word and wait for
a larger body of scientific evidence to build before hydrofracking is permitted in New
York.
4) RE: Sections 550.1 and 550.2 – Conflict of Interest
These sections give the DEC’s Division of Mineral Resources responsibility for
administering and enforcing all rules and regulations relevant to all phases of oil and gas
extraction. To give this Division the job of preventing damage and pollution from the
very activity it promotes is a conflict of interests. New York State should, like most
states, have separate agencies to handle well permitting and regulation of the oil and gas
industry. Failing to separate these functions undermines the DEC’s effective ness and
credibility as an environmental protection agency.
5) Re: Section 553.2
While Section 560.4 increased setbacks to dwellings or places of assembly, this increased
setback should also be included in Section 553.2 where the setback remains at 150 feet.
6) RE: Section 553.3 – Compulsory Integration
All decisions regarding Compulsory Integration, (Section 553.3) must be removed
from the purview of the Division of Mineral Resources (DMN) and the Department's
Office of Hearings and Mediation Services (OHMS) and assigned to an independent
body.
The Division has an inherent conflict of interest since it is charged with promoting the
extraction of minerals and that inherently conflicts with the best interest of the residents
of New York State. The compulsory integration law was written in part by gas industry
but should be reviewed by a non-biased group.
Individuals who want to challenge their integration into a drilling face the requirement to
hire legal counsel and travel to Albany where these suits are contested. The DEC should
ensure an easier path to contesting integration into a drilling unit.
7) RE: Section 554 and 560.5 - WASTE DISPOSAL
The amendment to Paragraph (1) of subdivision (c) of Section 554 .1 with a new
paragraph (4) does not provide adequate regulation or protection with regard to the
ultimate disposal and distribution of drilling mud, flow back water, production brine and
drill cuttings. Rather it relies on the owner or operator to submit a plan for approval “for
the environmentally safe and proper ultimate disposition and/or disposal of [such] used
drilling mud, flow back water and production brine.” There are no independent, objective
standards that have been developed in these regulatio ns which define what is, or is not
environmentally safe, and to which industry must adhere. The approval of methods of
disposition and disposal appears to be an entirely subjective process undertaken in
reaction to methods of disposal chosen by industry.
8) Re: Section 555.5(a) (1-4) Plugging and Abandonment
Comment:
This section prescribes how wells will be plugged when they are abandoned. What is not
mentioned is how abandoned wells from decades ago affect the migration of fluids and
gas as the high pressure of fracking moves materials through the shale profile. The DEC
must assess the damages caused by these unknown abandoned wells prior to allowing
drilling, to determine damage caused to water and from potential blowouts of unplugged
or improperly plugged wells.
Citation: How Abandoned Wells Can Contribute to Methane Migration Problems.
http://stateimpact.npr.org/pennsylvania/2012/10/09/perilous-pathways-how-abandoned-
wells-can-contribute-to-methane-migration-problems/
9) Re: Section 560.2 (7),
From the DEC Regulations, “chemical disclosure registry” shall mean the chemical
registry website known as FracFocus.org developed by the Groundwater Protection
Council and the Interstate Oil and Gas Compact Commission. If such website becomes
permanently inoperable, then chemical disclosure registry shall mean another publically
accessible information website that is designated by the Department.
Comment:
The voluntary chemical disclosure registry known as FracFocus.org is inadequate and
does not protect public health. A mandatory online registry of all chemicals used in
extraction activities must be provided on the DEC website.
10) Re: Section 560.3(d) (2) Hydraulic Fracturing Fluid Disclosure
Revised DEC regulations:
“The department will disclose to the public the information submitted pursuant to
paragraph (1) of this subdivision except that operators or other persons who supply
information subject to paragraph (1) of this subdivision may request such records to be
exempt from disclosure as trade secrets as provided by Part 616 of this Title. Records
determined by the department to be exempt from disclosure shall not be considered a well
record for purposes of disclosure.”
Comments:
The DEC must make the chemicals used in HVHF available to the public, particularly the
medical community which must have this information and be able to release it, to not
only treat patients correctly but to aggregate health records in order to determine if there
are health related trends within drilling areas. To not require such disclosure is unethical
and a public danger.
In addition, HVHF is exempt from the Federal Safe Drinking Water Act which authorizes
the EPA to regulate the injection of toxic materials into the ground. The DEC must
require that HVHF adhere to the rules governing the Federal Safe Drinking Water Act.
Citation:
Regulation of Hydraulic Fracturing under the Safe Drinking Water Act
http://water.epa.gov/type/groundwater/uic/class2/hydraulicfracturing/wells_hydroreg.cfm
11) RE: Section 560.4 – Setbacks Fail to Protect Livestock and the Food Chain
The 2012 peer reviewed paper by Dr. Michelle Bamberger and Dr. Robert Oswald,
“Impacts of Gas Drilling on Animal and Human Health,” concludes “Animals, especially
livestock, are sensitive to the contaminants released into the environment by drilling and
by its cumulative impacts. Documentation of cases in six states strongly implicates
exposure to gas drilling operations in serious health effects on humans, companion
animals, livestock, horses, and wildlife.” Domestic and game animals are likely to
consume toxic drilling waste because they will be attracted by the high concentration of
chlorides that is typical of produced water.
Section 560.4 must include a comprehensive list of protected land uses. Setbacks must be
written for pasture lands and lands used for hunting in order to protect the agricultural
industry and our food chain.
Citation:
Impacts of Gas Drilling on Animal and Human Health.
http://www.psehealthyenergy.org/data/Bamberger_Oswald_NS22_in_press.pdf
12) RE: Section 560.4 – Venting and Flaring
The proposed setbacks, Section 560.4, are insufficient to protect both human and animal
health from the effect of air pollution associated with venting and flaring. The DEC has
included arbitrary setbacks from well locations part of these regulations instead of basing
them on the best available science, which indicates that public health will not be
protected by 500 foot setbacks.
There is ample evidence to suggest that human and animal health has been compromised
in locations downwind from high volume hydraulic fracturing (HVHF) operations. See
“Human Health Risk Assessment of Air Emissions from Development of Unconventional
Natural Gas Resources” published in Science of the Total Environment in 2012
(http://www.ncbi.nlm.nih.gov/pubmed/22444058). It reported on air sampling data
collected in Colorado that showed that residents living near extraction operations are at
greater risk of health-related impacts than those living further away.
The Ventura County Air Pollution Control District (in California) has estimat ed that the
following air pollutants may be released from natural gas flares: benzene, formaldehyde,
polycyclic aromatic hydrocarbons (PAHs, including naphthalene), acetaldehyde, acrolein,
propylene, toluene, xylenes, ethyl benzene and hexane.
In 2000, Canadian Public Health Association reported “There have been over 250
identified toxins released from flaring including carcinogens such as benzopyrene,
benzene, carbon di-sulphide (CS2), carbonyl sulphide (COS) and toluene; metals such as
mercury, arsenic and chromium; sour gas with H2S and SO2; nitrogen oxides (NOx);
carbon dioxide (CO2); and methane (CH4) which contributes to the greenhouse gases.”
The DEC must prevent exposure to these air borne chemicals that cause human and
environmental harm.
13) RE: (560.4) SETBACKS
Revised DEC regulations:
(a) No well pad or portion of a well pad may be located:
(1) within 500 feet from a residential water well, domestic supply spring or water well or
spring used as a water supply for livestock or crops;
(2) within 500 feet from an inhabited dwelling or place of assembly;
(3) within a primary aquifer and a 500-foot buffer from the boundary of a primary
aquifer
(4) within a 100-year floodplain; and
(5) within 2,000 feet of any public water supply (municipal or otherwise, or the
boundaries of any public water supply reservoir, natural lake or man-made impoundment
(except engineered impoundments constructed for fresh water storage associated with
fracturing operations).”
The revised Draft Regulations (Section 560.4) proposes setbacks from high volume
hydraulically fractured gas wells that are without scientific basis and fail to protect water
supplies and public safety. They apparently ignore a 2011 peer -reviewed scientific study
on gas migration, "Methane contamination of drinking water accompanying gas-well
drilling and hydraulic fracturing", conducted by Duke University
(http://www.nicholas.duke.edu/cgc/pnas2011.pdf) which demonstrated that elevated
levels of methane contamination of water supplies occur as far as one kilometer away
from Marcellus gas wells. Since high volume hydraulic fracturing (HVHF) is known to
impact water resources within a radius of one kilometer of a gas well, that should be a the
minimum setback from all water supplies in New York State.
Setbacks of 500 feet from private water wells, Section 560.4(a)(1), are inadequate to
protect the potable water sources for private water wells, which provide unfiltered water
for hundreds of thousands of New York citizens who live on the targeted shale
formations. Moreover the definition of water sources must include all waters that feed
into or affect present or potential drinking water supplies. These include reservoirs,
wetlands, streams, lakes, ponds, rivers, intermittent and seasonal water bodies and
springs.
Section 560.4(a) (3) must be expanded to include principal and secondary aquifers and,
as stated above, a 500 foot setback is inadequate. These regulations must be expanded to
recognize and protect all usable aquifers. Principle aquifers are the primary w ater source
for most of upstate New York and currently lack any protections in the proposed
regulations.
The 2009 Hazen and Sawyer report, "Impact Assessment of Natural Gas Production in
the New York City Water Supply Watershed", commissioned by the NYC Department of
Environmental Protection recommended “that natural gas well construction be precluded
within a buffer zone of seven miles from NYCDEP subsurface infrastructure.” The final
regulations should adopt this guideline for New York City’s drinking w ater infrastructure
and then ensure that all drinking water infrastructures throughout the state are afforded
equal protection.
http://www.nyc.gov/html/dep/pdf/natural_gas_drilling/rapid_impact_assessment_091609
.pdf
14) RE: Section 560.4(a) (5): Setbacks
DEC regulation,
“within 2,000 feet of any public water supply (municipal or otherwise, or the boundaries
of any public water supply reservoir, natural lake or man-made impoundment (except
engineered impoundments constructed for fresh water storage associated with fracturing
operations)”
Comment:
The DEC and NYS Governor stated the regulations on HVHF would be based on science.
The science behind the 500 foot setback has not been provided and until research is
completed on migration of contamination from hydrofracked wells or research on the
effect of hydrofracking on air quality in areas surrounding wells, before HVHF begins.
This 2,000 foot setback from surface water supplies is an improvement over previous
setbacks but does not take into account that many people, particularly in rural settings,
obtain their water through ground water and aquifers and not only primary and principal
aquifers but other t ypes of aquifers that are unprotected by the state. Elevated levels of
gas migration have been documented to occur as far as one kilometer (3,280 feet) from
HVHF. Accordingly, the proposed 2,000 feet setback from any public water supply is
inadequate.
Aquifers are often not yet mapped; therefore it is impossible to determine whether a gas
well is being drilled in an area closer than the 500 feet recommended by the DEC. The
DEC must not proceed to allow drilling until all aquifers in an area are mapped, all
abandoned gas wells are located and capped and studies are completed documenting the
health effects of air pollutants emitted from drilling sites.
The DEC does not mention setbacks from beneath lakes and rivers but should include
safe setbacks for these water bodies also even if they do not serve as a source of drinking
water for humans as they are likely drinking water for wildlife.
All setbacks must be based on specific geological information specific to the Marcellus
and Utica shale formations in New York, and must be justified by the DEC in a
scientifically responsible manner.
Citation: http://www.nicholas.duke.edu/cgc/pnas2011.pdf
15) Re: Section 560.5 (c) Testing, Recordkeeping and Reporting Requirements
Any non-routine incident of potential environmental and/or public safety significance
during access road and well pad construction, well drilling and stimulation, well
production, and well plugging that may affect the health, safety, welfare, or property of
any person must be verbally reported to the department within two hours of the incident's
known occurrence or discovery, with a written report detailing the non-routine incident
to follow within twenty-four hours of the incident's known occurrence or discovery.
Comment:
In addition to the DEC being notified of any non-routine incident of potential
environmental and/or safety significance, the DEC must also require notification of the
property owner, immediate neighbors, and the local municipality. In case the non-routine
incident will potentially cause harm to human health, the local County Department of
Health should also be notified.
16) RE: Section 560.5 (d) (1) – Benzene, Toluene, Ethylbenzene and Xylene
(BTEX)
The statement that water testing specifically includes BTEX. (560.5 (1)) seems to
indicate that BTEX may be used in HVHF, something the DEC has previously denied.
These volatile aromatic compounds are known to be toxic to humans and animals and can
contaminate both air and drinking water supplies.
Benzene, a component of both diesel fuel and BTEX, is classified by the EPA as a
carcinogen. The Center for Disease Control (CDC) states "ethylbenzene is carcinogenic
in animals." According to the CDC's Agency for Toxic Substances and Disease Registry
"... all four chemicals can produce neurological impairment …" and "Neurotoxicity is the
critical non-cancer effect of concern for BTEX mixtures." "Based on findings in human
and animal studies, acute or repeated exposure to any o f the BTEX component chemicals
is expected to produce neurological impairment resulting from the parent chemicals
acting on components of neuronal membranes"
BTEX and all other toxic additives must be prohibited in all phases of oil and gas
extraction.
17) RE: Section 560.5 (f) – Testing, Recordkeeping and Reporting Requirements.
Testing, Recordkeeping and Reporting Requirements, Section (f) requires that a Drilling
and Production Waste Tracking Form must be completed and posted to the owner or
operator’s website “within 30 days of receipt of waste by the disposal facility.” Only if it
is requested by the DEC is there a requirement of a completed form with the signatures of
the transporter and destination facility. There is no requirement with regard t o volume of
contents loaded, vehicle required, proposed route, and volume of contents unloaded.
There are no regulations listed for the disposal or destination facility. The underlying
regulation, Section 364, Waste Transporter Permits, has no specific r equirements for the
transportation of drilling mud, flowback water, and production brine or drill cuttings.
Because of federal exemptions for the oil and gas industry, these wastes are not classified
as hazardous waste, and because of this, federal regulations are less stringent with regard
to disposal and disposition. Waste from drilling mud, flowback water, production brine
and drill cuttings can contain salts, metal ions, some of which are toxic, organic
hydrocarbons, inorganic and organic additives, and naturally occurring radioactive
materials. In the interest of public health and safety, New York State must test these
residuals for hazardous components and classify these wastes as hazardous wastes when
they exhibit the characteristics of such.
18) RE: Section 560.5 (h) – Chemical Disclosure
Section 560.5 allows “proprietary” chemical constituents to be withheld from public
disclosure. Companies may avoid disclosure if they claim the additive is a “trade secret.”
Trade secrets cannot be permitt ed to trump public health. Regulations must require full
public disclosure of all chemicals and additives, including quantities employed, in all
stages of the gas extraction process. Material Safety Data Sheets must name and identify
the quantity of every chemical used and be linked to each oil and gas well listed in the
DEC’s online searchable database.
It is essential for property owners and residents who rely on private water wells to know
the chemical composition of the fracturing fluid used in wells surrounding and potentially
contaminating their water source, in order to obtain accurate, independent testing of their
water wells, before, during and after the extraction process. Residents in the vicinity of
oil and gas wells should be provided with Material Safety Data Sheets for every product
used in a gas well within one kilometer of their dwelling and/or their water supply.
Individuals charged with protecting public health, including county health officers,
doctors and first responders must have ready access to the chemical composition of all
chemicals used in the drilling and fracturing process.
Research has established links between oil and gas operations and human health.
“Natural Gas Operations From A Public Health Perspective” published in 2011
http://www.endocrined isruption.com/chemicals.journalarticle.php lists over 600
chemicals used in natural gas operations and found that many have long -term health
impacts, including on skin, eyes, and kidneys and respiratory, gastrointestinal,
brain/nervous, immune, endocrine, and cardiovascular systems, as well as causing cancer
and mutations.
19) Re: Section 560.6(c) (7) (i-ii) Well Construction and Operation: Drilling,
Hydraulic Fracturing and Flowback
(7) A closed-loop tank system must be used instead of a reserve pit to manage drilling
fluids and cuttings for any of the following:
(i) horizontal drilling in the Marcellus Shale unless an acid rock drainage mitigation
plan for on-site burial of such cuttings is approved by the department; and
(ii) any drilling requiring cuttings to be disposed of off -site.
Comment:
The DEC should not single out the Marcellus Shale in this part of the regulation but
include all hydraulic fracturing in shale throughout the state. The DEC should also
include vertical wells in this requirement rather than singling out horizontal wells using
HVHF since waste from hydrofracked vertical wells are currently regulated under rules
not substantively updated since 1972.
Because the DEC allows known carcinogenic chemicals to be added of the makeup of t he
drilling fluids, no open storage should be allowed, ever even for waste water from
vertical wells that have been hydraulically fractured.
The DEC should require all drill cuttings to be tested for radioactivity before a disposal
permit is issued. Waste that is radioactive should be disposed of as a radioactive
hazardous waste as defined without exemptions from state or federal laws.
20) Re: Section 560.6(c) (24) Well Construction and Operation: Drilling,
Hydraulic Fracturing and Flowback
From the DEC regulations,
Diesel fuel may not be used as the base fluid for hydraulic fracturing operations.
Comment:
While prohibiting diesel fuel from being used as the base fluid for hydraulic fracturing, it
appears to be still allowed as an additive to the hydraulic fracturing mixture. Diesel
contains benzene which is fairly water soluble and which has been shown to be a
carcinogen. A small amount can contaminate large sources of water. The DEC should
forbid any use of diesel or other known carcinogens in the hydraulic fracturing fluid.
Although migration of fracturing fluid into water sources might be rare, they do happen
and those people whose drinking water source would be contaminated must be protected
against such an outcome.
Citations:
Congressional Investigation Finds Continued Use of Diesel in Hydraulic Fracturing
Fluids, http://democrats.energycommerce.house.gov/index.php?q=news/waxman-
markey-and-degette-investigation-finds-continued-use-of-diesel-in-hydraulic-fracturing-f
Environmental Groups Call on EPA to Ban Diesel Use in Fracking,
http://earthjustice.org/news/press/2012/environmental-groups-call-on-epa-to-ban-diesel-
use-in-fracking
Article: Frackers Continue Illegal Use of Toxic Diesel Fuels,
http://www.southernstudies.org/2012/10/frackers-continue-illegal-use-of-toxic-diesel-
fuels.html
21) Re: Section 560.6 (c) (28) Well Construction and Operat ion - Drilling,
Hydraulic Fracturing and Flowback
Revised DEC regulations:
“The venting of any gas originating from the objective formation during flowback must
be through a flare stack at least 30 feet in height, unless the absence of H2S has been
demonstrated at a previous well on the same pad which was completed in the same
producing horizon. Gas vented through the flare stack must be ignited whenever possible.
The stack must be equipped with a self -ignition device. “
Comment:
Flare stacks are ext remely loud and provide yet another reason to site drilling pads well
away from any dwellings or places where people assemble, inside or out. The DEC
should require gas companies to capture this vented gas since 1) vented methane is a
strong greenhouse gas that contributes to climate change, 2) Hydrogen sulfide gas often
mixes with the methane from shale and at chronic low levels has been linked to
respiratory irritation, dizziness, memory loss and miscarriage. At high levels, H2S is a
nerve poison. Flaring converts H2S to less toxic sulfur dioxide which is noted to cause
acid rain. The DEC must assess the economic impacts of these airborne chemicals on
human health and the environment as it writes regulations to protect not only people
living now, but those in future generations.
Citation:
Toxicological profile for hydrogen sulfide.
http://www.atsdr.cdc.gov/toxprofiles/tp114.pdf
Toxicological review of hydrogen sulfide http://www.epa.gov/iris/toxreviews/0061tr.pdf
22) Re: Section 560.7(i) – Waste Management and Reclamation
Revised DEC regulations:
“Flowback water recovered after high-volume hydraulic fracturing operations must be
tested for naturally occurring radioactive material prior to removal from the site. Fluids
recovered during the production phase (i.e., production brine) must also be tested for
naturally occurring radioactive material prior to removal. Radiological analyses of
flowback water and production brine must include analysis for combined radium (Ra-226
and Ra-228) and other analytes as directed by the department.
The soils adjacent to the flowback water and production brine tanks must be measured
for radioactivity upon removal of the tanks, and at such other times as the department
may require. For soil samples, analyses must at a minimum include gamma spectroscopy
for all naturally occurring gamma emitters including Ra-226 and Ra-228 (as determined
from the presence of their decay products).”
Comment:
Testing for radioactivity is important but these regulations do not require tracking of
radioactive waste to ensure chain of custody. The DEC must determine where radioactive
waste will be and has been disposed to ensure it does not expose people to radioactivity
or migrate to water bodies. Treatment of radioactive waste is expensive and not highly
effective. The DEC must assure residents that any and all radioactive waste will never
make its way into the water supply either via disposal wells, landfills or beneficial use
determinations. The DEC must evaluate these costs and require them to be borne by the
owner of the well, not the taxpayers of the state nor residents living nearby.
23) RE: Section 560 (10-20) Operations Associated with High Volume Hydraulic
Fracturing
One of the most critical and technically difficult aspects of the process of high volume,
slick water hydrofracking (HVHF) is preventing the well bore from contaminating
groundwater. There is no thing in the proposed regulations that will ensure that well
casings maintain their integrity over the lifetime of a well, or that compromised casings
will be quickly identified and repaired.
“From Mud to Cement – Building Gas Wells” an article published in Autumn, 2008
http://www.slb.com/~/media/Files/resources/oilfield_review/ors03/aut03/p62_76.ashx
states “Even a flawless primary cement job can be damaged by rig operations or well
activities occurring after the cement has set. Changing stresses in the wellbore may cause
microannuli, stress cracks, or both …”. An undated PowerPoint by Southwestern Energy
Corporation describes how “cement and well casings can corrode over time due to
exposure to moisture and chemicals.” Other industry reports suggest 6% of all well
casing fail initially and that 60% of cement jobs will fail within 30 years.
The DEC must not permit HVHF in New York State until and unless it can clearly
establish, through peer-reviewed scientific studies, that there are proven ways to prevent
well casing failures over the lifetime of a well.
24) Re: 560.7 Waste Management and Reclamation
Revised DEC regulations:
“(a) Fluids must be removed from any on-site pit and the pit reclaimed no later than 45
days after completion of drilling and stimulation operations at the last well on the pad,
unless the department grants an extension pursuant to paragraph 554.1(c)(3) of this
Title. Flowback water must be removed from on-site tanks within the same time frame.
(b) Removed pit fluids including used drilling mud must be disposed, recycled or reused
as described in the approved fluid disposal plan submitted pursuant to paragraph
554.1(c)(1) of this Title. Transport off-site of used drilling mud, flowback water and
production brine by vehicle must be undertaken by a waste transporter permitted
pursuant to Part 364 of this Title.
(c) Drill cuttings must be disposed as described in the approved drill cuttings disposal
plan submitted pursuant to paragraph 554.1(c)(4) of this Title. Cuttings contaminated
with oil-based mud or polymer-based mud containing mineral oil lubricant must be
contained and managed in a closed-loop tank system and may not be buried on site, and
must be removed from the site for disposal in a solid waste disposal facility. Transport
off-site of drill cuttings, except cutting samples collected upon the request of the
department or for analytical purposes by the owner or operator, and the pit liner by
vehicle must be undertaken by a waste transporter permitted pursuant to Part 364 of this
Title. Disposal or on-site burial of cuttings associated with other drilling fluids and any
associated pit liner must conform to all applicable department regulations.”
Comment:
Disposal of drilling mud, flowback water, production brine and drill cuttings refers back
to Section 554.1 and outlines how these wastes are disposed of, but again has no
requirement for chain of custo dy to ensure the waste actually reaches the intended
destination. Owners and operators are left to design their own waste plan and the state
does not specify final destinations for the waste, although they do review the waste plans.
Due to federal exemptio ns (see citation below), many wastes from natural gas extraction
are not classified as hazardous waste even though they are designated as such when not
associated with gas production. The DEC should not allow wastes that would normally be
classified as hazardous when used in other industries or for other uses to be exempt from
being treated and disposed of as a hazardous waste during use in the process of drilling
for oil or gas.
Citation: EPA exemptions of oil and gas exploration and production wastes fro m federal
hazardous waste regulations. http://www.epa.gov/osw/nonhaz/industrial/special/oil/oil-
gas.pdf.
One method of discarding solid waste from HVHF is in landfills with ru bber liners.
These liners are not suited to holding in hazardous wastes for decades and can be
expected to leak especially in wet climates such as New York. The DEC should not allow
lined landfills to be a permanent disposal site for hazardous materials as defined by the
EPA without exemptions for the oil and gas industries.
25) Re: Section 750-3.3(a) Prohibited Activities and Discharges
The prohibitions in this section are in addition to those listed in section 750-1.3 of this
Part, unless in conflict, superseded or expressly stated otherwise in this section. Well
pads for HVHF operations are prohibited, and no SPDES permit will be issued
authorizing any such activity or discharge:
(1) within 4,000 feet of, and including, an unfiltered surface drinking water supply
watersheds;
(2) within 500 feet of, and including, a primary aquifer;
(3) within 100-year floodplains;
(4) within 2,000 feet of any public (municipal or otherwise) drinking water supply well,
reservoir, natural lake, man-made impoundment, or spring; and
(5) within 2,000 feet around a public (municipal or otherwise) drinking water supply
intake in flowing water with an additional prohibition of 1,000 feet on each side of the
main flowing water body and any upstream tributary to that water body for a distance of
one mile from the public drinking water supply intake; and
(6) within 500 feet of a private water well or domestic use spring, or water supply for
crops or livestock, unless the Department has granted a variance from the setback
pursuant to subparagraph 560.4(c) of this Title, adopted on XX, 20XX.
Comment:
While the DEC is very stringent in prohibiting drilling activities within 4,000 feet of an
unfiltered public drinking water supply, it allows drilling within 500 feet of a private well
which is also unfiltered water. The DEC must be consistent and prohibit drilling within
4,000 of ANY drinking water supply whether for one person or tens of millions.
26) Re: the Revised Regulatory Impact Statement; 8. Alternatives Approaches
Comment:
The DEC should consider alternative approaches that focus on a long view of energy
production and use. Rather than focusing on the economic benefits to oil and gas
companies and their shareholders, the DEC has an obligation to help move New
York to a more energy-efficient future using as many renewable sources of energy
as possible and conserving the limited natural gas for special uses and for
generations to come. Removing and exporting this resource is a terribly short -
sighted energy policy.
27) Re: the Revised Job Impact Statement - High-Volume Hydraulic Fracturing - 6
NYCRR Parts 52, 190, 550-556, 560, and 750 - Nature of Impact
Revised DEC regulations:
“The proposed revised rules, implemented in combination with the Final SGEIS, once
issued, will have a positive impact on jobs and employment opportunities for such
businesses as waste haulers, construction firms and providers of lodging, food and other
services. Positive impacts will be created through direct employment, induced
employment and indirect effects. This impact is expected to be concentrated in the
counties where the Marcellus and Utica Shales are more likely to be commercially
producible. Lesser though still positive impacts may also be experienced in adjacent
localities and statewide.
Categories and Numbers Affected. The proposed revised rules themselves will not
negatively affect employment opportunities, and the activities guided by the proposed
revised rules will create jobs.”
Comment:
The DEC has not accounted for economic impact studies of areas where the “boom”
phase of gas extraction has negatively impacted not only small businesses, but caused
housing shortages, increased pressure on local services such as highway maintenance,
police, jails, hospitals, first responders and schools. In areas where tourism is a driving
economic force, drilling for natural gas contradicts tourism as a positive economic driver.
A number of economic studies cited below directly disagree with the DEC’s projection of
an economic benefit overall. The DEC must allow local municipalities to decide their
own economic drivers through acknowledging their rights of home rule.
Citation:
Natural gas Drilling in the Marcellus Shale. Potential Impacts on the Tourism Economy
of the Southern Tier.
http://www.fossil.energy.gov/programs/gasregulation/authorizations/2011_applications/e
xhibits_11-128-LNG/9._Natural_Gas_Drilling_in_the_Marcellus.pdf.
How New York State Exaggerated Potential Job Creation from Shale Gas Development
http://www.fossil.energy.gov/programs/gasregulation/authorizations/2011_applications/e
xhibits_11-128-LNG/9._Natural_Gas_Drilling_in_the_Marcellus.pdf.
Fossil Fuel Extraction as a County Economic Development Strategy- Are Energy-fousing
Counties Benefiting?
http://www.fossil.energy.gov/programs/gasregulation/authorizations/2011_applications/e
xhibits_11-128-LNG/9._Natural_Gas_Drilling_in_the_Marcellus.pdf
**Resolution #36 - Remove Chairman PB from Ad Hoc Committee
BE IT RESOLVED that the Town Board of the Town of Ulysses remove the Chairman
of the Planning Board, Ken Zeserson from the Ad Hoc Committee because it constitutes
a quorum of the Planning Board.
**Resolution #37 - Ad Hoc Committee Members
BE IT RESOLVED that the Town Board of the Town of Ulysses clarify the appointment
of Don Smith made on December 20, 3012 as follows:
Don Smith was appointed to the Ad Hoc Committee as a representative of the West
Shore Home Owners Association.
THEREFORE confirming that the Ad Hoc Committee consists of the following people:
Rebecca Schneider
Peter Fry
Rod Hawks
Darby Kiley
Don Smith
Don Wilson
**Resolution #38 – Personnel Policy Amended
BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the Personnel
Policy as amended January 8, 2013.
January 16, 2013 Public Informational Meeting – Lakeshore & Conservation Zone
No. **Resolutions
January 16, 2013 Public Hearing on Lakeshore & Conservation Zone
No **Resolutions
January 22, 2013 Town Board Working Meeting
**Resolution #39 – Budget Modifications
A Fund
Appropriation line 1110.12 Justice Clerk PS Increase $ 1,242.68
Appropriation line 1920.4 Municipal Assoc Dues increase $ 80.00
Appropriation line 1011.1 Admin Assistant PS decrease $ 1,343.68
Appropriation line 5182.4 Street Lighting Increase $ 154.35
Appropriation line 9030.8 Social Security Increase $ 218.24
Appropriation line 1990.4 Contingency decrease $ 472.59
DA Fund
Appropriation line 5130.0 Machinery PS Increase $ 1,346.57
Appropriation line 5140.1 Brush & Weeds PS Increase $ 584.83
Appropriation line 9055.8 Disability Insurance Increase $ 13.25
Appropriation 9010.8 State Retirement fund decrease $ 1,944.65
DB Fund
Appropriation line 5110.1 Highway Maintenance PS increase $ 3,753.42
Appropriation line 5112 Highway Capital Imp increase $ 203.73
Appropriation line 9030 Social Security increase $ 142.19
Appropriation line 9060 Medical Insurance increase $ 20.72
Appropriation line 5110.4 Highway Maintenance CE decrease $ 2,131.06
Appropriation line 9010 NYS Retirement fund decrease $ 1,989.00
**Resolution #40 Appointment to TC Recreation Partnership
BE IT RESOLVED that the Town Board of the Town of Ulysses hereby appoints Durand VanDorn
as the Ulysses representatives to the Tompkins County Recreation Partnership Board for 2013.
**Resolution #41 Appointment of Delegate to Annual Association meeting
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Ms. Thomas as the Ulysses
delegate to the Annual Association of Towns Business Meeting.
**Resolution #42 Revisions for Standards & Details for Water Facilities (note later rescinded)
BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the proposed revisions to
the Standards Specifications and Details for Water Facilities as outlined in the last version dated
December 9, 2003
**Resolution #43 Renewal of Contract Soil & Water Conservation District
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the renewal of the
contract with Soil and Water Conservation District.
**Resolution #44 Organization Meeting **Resolutions
**Resolution 2013-12: 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 2013-13: BE IT RESOLVED that the Town Board 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 sa lary of the first Deputy
Supervisor and the second Deputy Supervisor is set by the Town Board. In accordance with
Town Law, the Supervisor appoints Elizabeth Thomas as the first Deputy Supervisors. The
position of the second Deputy Supervisor is left vacant
**Resolution 2013-17 was adopted on January 3, 2013 but Ms. Marino said that she feels it is
just not needed because it is an appointment by Civil Service.
**Resolution 2013-17: 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 2013 calendar year.
Left as is for 2013 with a notation as follows:
*Note: Civil Service Appointment – not needed in Organizational meeting
**Resolution 2013-19 needs to be amended as follows because 2012 is in the table of salaries
and needs to read 2013.
**Resolution 2013-19: BE IT RESOLVED that the Town Board hereby establishes the
following pay rates for employees and elected officials in 2013. If necessary to appoint a new
employee or replace an elected official during the year of 2013, the Town Board will establish a
salary commensurate with the experience and availability of funds:
Position 2013 Budgeted
Appropriation
hourly rate if applicable
Supervisor $15,608
Deputy Supervisor $25,557 $22.44/hr.
Town Board Administrative Assistant $10,000 $22.44/hr.
Bookkeeper $18,774
Councilperson $4,116.72
Town Clerk $60,175
Deputy Town Clerk $30,500
Town Justice $15,955 each
Court Clerk $33,192
Enforcement Officer for Building Code $29,869
Deputy Enforcement Officer $10,400 $18.80
Zoning Officer $26,780
Planner $26,780
Planning and Zoning Clerk $6,120 $16,39
Highway Superintendent $58,429
Deputy Highway Superintendent multiple budget lines $21.27
Highway Machine Equipment Operators
Laborer
multiple budget lines
multiple budget lines
$16.63 - $19.68
$13.04
Water Distribution & Maintenance Operator $15,085
Water District Laborer $4,426 $18.80
Historian $1,530
**Resolution 2013-21A: BE IT RESOLVED that the Supervisor proposes the following Town
Board liaison appointments and request that each appointee report to the Town Board at least
annually:
A. Highway Department Kevin Romer
B. Trumansburg Village Board of Trustees Elizabeth Thomas
C. Personnel David Kerness
D. Health Insurance Consortium Board Lucia Tyler
E. Planning Board and Board of Zoning Appeals David Kerness
F. Fire Department Kevin Romer
G. County and other Emergency Management Kevin Romer
H. Town Court David Kerness
I. Trumansburg Ulysses Youth Commission Lucia Tyler/Elizabeth Thomas
**Resolution 2013-21B
Ms. Marino would like to amend this **Resolution to appoint Duran VanDorn as the Recreation
Partnership representative.
Ms. Marino moved, seconded by Mr. Romer the following:
BE IT RESOLVED that the Town Board of the Town of Ulysses amends **Resolution
2013-21B of the Organizational meeting to appoint Duran VanDorn as the Recreation
Partnership representative.
**Resolution# 45 Rescinds **Resolution for Standards Specifications and Details for Water Facilities
BE IT RESOLVED that the Town Board of the Town of Ulysses rescinds the
**Resolution passed earlier in the meeting to adopt amended wording for the Standards
Specifications and Details for Water Facilities.
**Resolution# 46 Approval to Hire Project Assistant
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the hiring of a
part-time project assistant in the amount not to exceed $5000 for 2013 to be supervised
by the Supervisor.
February 11, 2013 Regular Town Board Meeting
**Resolution #47 Agenda/Vouchers/Budget Modifications/Minutes
Ms. Marino modified the agenda with the Board’s approval.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous
examined voucher # 13 through 74 in the amount of $64,119.15.
BE IT RESOLVED that the Town Board of the Town of Ulysses make the following
year-end budget modifications for 2012:
A Fund
A1220.12 Deputy Supervisor PS increase $101
A1990.4 Contingency decrease 101
DB Fund
DB9060 Medical Insurance increase $262.97
DB5110.4 Highway Maintenance CE decrease 262.97
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited
minutes of the Regular Town Board meeting of January 8, 2013 and the Organ izational
Meeting of January 3, 2013
**Resolution #48 Appreciation to Sue Poelvoorde
BE IT RESOLVED that the Town Board of the Town of Ulysses extends their greatest
appreciation to Sue Poelvoorde for her many years of ser vice to the Town as an elected
official, volunteer and staff person.
**Resolution #49 Adjournment to Closed Session
BE IT RESOLVED that the Town Board of Town of Ulysses adjourn to a closed session
for discussion with their Attorney Marietta Geldenhuys.
**Resolution # 50 Organizational **Resolution # 2013-20
**Resolution 2013-20: 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, 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 Depar tment Head / Employee
Supervisor must give electronic approval as part of the time card submission. Salaried and hourly
employees (non-elected) should use this time card to submit sick, vacation, holiday and personal
time off. It is the responsibility of t he 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 approving 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.
Employee Employee Supervisor
Deputy Supervisor Town Supervisor, Roxanne Marino
Town Board Administrative Assistant Town Supervisor Roxanne Marino,
Bookkeeper Town Supervisor Roxanne Marino,
Deputy Town Clerk Town Clerk Marsha Georgia,
Court Clerk Town Justices
Enforcement Officer Town Supervisor Roxanne Marino
Deputy Enforcement Officer Enforcement Officer Alex Rachun,
Zoning Officer/Planner Town Supervisor Roxanne Marino,
Planning and Zoning Clerk Zoning Officer/Planner Darby Kiley,
Deputy Highway Superintendent Highway Superintendent James Meeker
Highway Machine Equipment Operators:
Laborer
Highway Superintendent, James Meeker
Water Distribution & Maintenance
Operator
Town Supervisor Roxanne Marino
Water District Laborer Water Distribution and Maintenance
Operator Doug Austic
**Resolution #51 Order for Public Hearing on Establishment of Ambulance District
ORDER FOR PUBLIC HEARING ON ESTABLISHMENT OF AMBULANCE
DISTRICT IN THE TOWN OF ULYSSES
. WHEREAS, the Town Board prepared a Map, Plan and Report for a proposed ambulance
district in the town; and
WHEREAS, the Map, Plan and Report was filed in the office of the Town Clerk; and
WHEREAS, the boundaries of the proposed district are as follows: The entire Town of
Ulysses outside the boundaries of the Village of Trumansburg; and
WHEREAS, the service to be provided is emergency medical and ambulance service; and
WHEREAS, the maximum amount proposed to be expended for the first year of
operation of the ambulance district for a contract for service is $248,230; and
WHEREAS, a map, plan and report describing such proposed district and service is on
file in the office of the Town Clerk for public inspection; it is
ORDERED that the Town Board shall meet at the Town Hall, 10 Elm Street,
Trumansburg, New York, on the 26th day of February, 2013, at 6:30 p.m., for the purpose
of conducting a public hearing on the proposal to establish said ambulance district for the
services specified above, at which time and place all persons interested in the subject
thereof may be heard concerning the same; and it is further
ORDERED that the Town Clerk is hereby authorized and directed to publish a copy of
this order in the Ithaca Journal, the official Town newspaper and post of copy of the same
on the signboard of the Town, in the t ime and manner required by law.
February 26, 2013 – Public Hearing on Proposed Ulysses Ambulance District
No **Resolutions
February 26, 2013 – Town Board Working Meeting
**Resolution #52 SEQR Agriculture & Farmland Protection Plan
SEQR for Proposed adoption of the Town of Ulysses Agriculture and Farmland Protection
Plan
WHEREAS, this action is the adoption of the Town of Ulysses Agriculture and Farmland
Protection Plan; and
WHEREAS, this is being processed as a Type I action pursuant to the New Yo rk State
Environmental Quality Review Act (SEQR) 6 NYCRR Part 617, for which the Town of
Ulysses Town Board is acting as Lead Agency and the only involved agency in
conducting the environmental review with respect to the adoption of the Agriculture and
Farmland Protection Plan; and
WHEREAS, the Town Board held a public hearing on January 16, 2013 for review of the
Plan; and
WHEREAS, the Town Board at a public meeting held on February 26, 2013, has
reviewed and accepted as adequate the Full Environme ntal Assessment Form (EAF),
Parts I and II, for this action, prepared by the Town Planning staff;
NOW, THEREFORE, be it
RESOLVED, that the Town of Ulysses Town Board hereby makes a negative
determination of environmental significance in accordance wit h Article 8 of the
Environmental Conservation Law and the implementing regulations thereof, for the
above referenced action as proposed, based on the information in the EAF Part I and for
the reasons set forth in the EAF II and, therefore, a Draft Envir onmental Impact
Statement will not be required.
**Resolution #53 Adopting Ulysses Agriculture and Farmland Protection Plan
**RESOLUTION ADOPTING THE TOWN OF ULYSSES AGRICULTURE AND
FARMLAND PROTECTION PLAN Available on line: http://ulysses.ny.us/pdf/AFPP-
FINAL-02-15-13.pdf
WHEREAS, the Town of Ulysses was awarded funding from NYS Department of
Agriculture and Markets to develop a municipal agricultural and farmland protection
plan; and
WHEREAS, the Town’s Agriculture and Farmland Protection Plan was developed under
NYS Agriculture and Markets Law, Article 25-AAA, Section 324-a; and
WHEREAS, the Town Agriculture and Farmland Protection Plan Committee worked
with Cornell Cooperative Ext ension and Bergmann Associates to collect data and prepare
a draft Plan; and
WHEREAS, at its meeting on October 23, 2012, the Town Board reviewed and discussed
the draft Agriculture and Farmland Protection Plan; and
WHEREAS, at its meeting on December 11, 2012, the Town Board adopted a
**Resolution for a public hearing to be held by the Town of Ulysses on January 16, 2013 at
7:00 PM to hear all interested parties on the draft Agriculture and Farmland Protection Plan;
and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and
WHEREAS, said public hearing was duly held on January 16, 2013 at the Ulysses Town
Hall and all parties in attendance were permitted an opportunity to speak on behalf of or
in opposition to said Plan, or any part thereof; and
WHEREAS, following the close of the public hearing, a written comment period
remained open until February 1, 2013; and
WHEREAS, public comments were incorporated into the draft Agriculture and Farmland
Protection Plan and discussed at the February 11, 2013 Town Board meeting; and
WHEREAS, pursuant to article 8 of the Environmental Conservation Law and its
implementing regulations at 6 NYCRR Part 617 (SEQR) adoption of said Plan is a Type
I action for which the Town Board of the Town of Ulysses, acting as lead agency in an
environmental review with respect to adoption of the Plan, has on February 26, 2013,
made a negative determination of environmental significance, after having reviewed and
accepted as adequate a Full Environmental Assessment Form (EAF) Parts I and II
prepared by Town staff, for the reasons set forth in the EAF Parts I and II referenced
above;
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ulysses hereby adopts said
Agriculture and Farmland Protection Plan; and it is further
RESOLVED, that the Agriculture and Farmland Protection Plan will be forwarded to the
Tompkins County Agriculture and Farmland Protection Board and the New York State
Commissioner of Agriculture and M arkets for approval.
**Resolution #53 Adopting Ulysses Agriculture and Farmland Protection Plan
**RESOLUTION ADOPTING THE TOWN OF ULYSSES AGRICULTURE AND
FARMLAND PROTECTION PLAN Available on line: http://ulysses.ny.us/pdf/AFPP-
FINAL-02-15-13.pdf
WHEREAS, the Town of Ulysses was awarded funding from NYS Department of
Agriculture and Markets to develop a municipal agricultural and farmland protection
plan; and
WHEREAS, the Town’s Agricult ure and Farmland Protection Plan was developed under
NYS Agriculture and Markets Law, Article 25-AAA, Section 324-a; and
WHEREAS, the Town Agriculture and Farmland Protection Plan Committee worked
with Cornell Cooperative Extension and Bergmann Associat es to collect data and prepare
a draft Plan; and
WHEREAS, at its meeting on October 23, 2012, the Town Board reviewed and discussed
the draft Agriculture and Farmland Protection Plan; and
WHEREAS, at its meeting on December 11, 2012, the Town Board adopted a
**Resolution for a public hearing to be held by the Town of Ulysses on January 16, 2013 at
7:00 PM to hear all interested parties on the draft Agriculture and Farmland Protection Plan;
and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and
WHEREAS, said public hearing was duly held on January 16, 2013 at the Ulysses Town
Hall and all parties in attendance were permitted an opportunity to speak on behalf of or
in opposition to said Plan, or any part thereof; and
WHEREAS, following the close of the public hearing, a written comment period
remained open until February 1, 2013; and
WHEREAS, public comments were incorporated into the draft Agriculture and Farmland
Protection Plan and discussed at the February 11, 2013 Town Board meeting; and
WHEREAS, pursuant to article 8 of the Environmental Conservation Law and its
implementing regulations at 6 NYCRR Part 617 (SEQR) adoption of said Plan is a Type
I action for which the Town Board of the Town of Ulysses, acting as lead agency in an
environmental review with respect to adoption of the Plan, has on February 26, 2013,
made a negative determination of environmental significance, after having reviewed and
accepted as adequate a Full Environmental Assessment Form (EAF) Parts I and II
prepared by Town staff, for the reasons set forth in the EAF Parts I and II referenced
above;
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ulysses hereby adopts said
Agriculture and Farmland Protection Plan; and it is further
RESOLVED, that the Agriculture and Farmland Protection Plan will be forwarded to the
Tompkins County Agriculture and Farmland Protection Board and the New York State
Commissioner of Agriculture and Markets for approval.
**Resolution #54 Accept Proposal from Black Locust Initiative
Whereas the Black Locust Initiative has submitted a proposal to build a picnic table and
bench for the Town Hall, and
Whereas the project will designed and built by local youth in an educational workshop
format, and using sustainable local forest products,
Be it Resolved that the Town of Ulysses accept the proposal from Black Locust Initiative
to build one picnic table and one bench for the Town Hall in 2013 for the proposed cost
of $950.
**Resolution #55 Contract with Public Sector HR to Revise Personnel Policy
BE IT RESOLVED that the Town Board of the Town of Ulysses agrees to contract with
Public Sector HR to help revise the Town of Ulysses Personnel Policy Manual for the
quoted price of $4500.
FURTHE RESOLVED the Town Board authorizes Supervisor Marino to review and sign
the contract with Public Sector HR.
**Resolution #56 Senior Citizen & Disabled Persons T ax Exemption
WHEREAS, the Town Board of the Town of Ulysses has established a maximum income real
property tax exemption eligibility level, pursuant to Section 467 and Section 459 of the Real
Property Tax Law, and
WHEREAS, the Town Board extended eligibility by establishing a sliding scale of
exemption percentages for those with income between $29,000 and $37,400 pursuant to
the Real Property Tax Law,
NOW THEREFORE BE IT RESOLVED, that the **Resolution establishing a maximum
income exemption level for persons 65 years of age or older and disabled persons
adopted pursuant to Real Property Tax Law Section 467 & Section 459, are amended to
read as follows:
ANNUAL HOUSHOLD INCOME PERCENTAGE ASSESSED
VALUATION EXEMPT FROM TAXATION
SENIOR & DISABILITY
$0 - $29,000 50%
$29,000 - $30,000 45%
$30,000 - $31,000 40%
$31,000 - $32,000 35%
$32,000 - $32,900 30%
$32,900 - $33,800 25%
$33,800 - $34,700 20%
$34,700 - $35,600 15%
$35,600 - $36,500 10%
$36,500 - $37,400 5%
FURTHER RESOLVE, that the Town Board of the Town of Ulysses enacts sub section
R467 (6b) allowing the automatic renewal o f the senior citizen real tax exemption and the
“persons with disabilities and limited income” RPTL 459-C exemptions.
**Resolution # 57 Local Government Records Management Improvement Fund – Terminate Seizure of
Funds
Petition the New York State Governor and State Representatives to Authorize the
Application Process for Grants through the Local Government Records Management
Improvement Fund and Terminate the Seizure of Funds Collected for a Dedicated Purpose
WHEREAS, New York State has long understood the importance of efficient records
management policies and procedures to ensure the continuity of government, protection
from liability, and preservation of historical documents, and
WHEREAS, in 1987, the Local Government Records Management Improvement Fund
was created in New York State with the clear intent to provide funding for programs for
local governments to establish, create, and maintain procedures and programs to ensure
the integrity and preservation of government records, and
WHEREAS, County Clerks across New York State collect this money on recording of
land records and civil court filings and forward all such money so collected to the New
York State Commissioner of Taxation & Finance to be placed in a DEDICATED FUND
in accordance with statute, and
WHEREAS, a total of $3,394,000 has been taken from this dedicated fund to offset
deficiencies in the New York State Budget for at least the last four years, and
WHEREAS, in addition to the sweeping of funds, this year the Budget Division has
refused to authorize the application process for the 2012-2014 cycle, now therefore
be it
RESOLVED, on recommendation of the Government Operations Committee, that the
Town of Ulysses Town Board does hereby petition the Governor of the State of New
York and our state representatives to direct that the New York State Division of Budget
authorize the application process for grants through the Local Government
Records Management Improvement Fund,
RESOLVED, further, that the Town of Ulysses Town Board does hereby petition the
Governor of the State of New York and our state representatives to immediately end
the practice of sweeping money collected for a dedicated purpose and using it for other
purposes,
RESOLVED, further, that the Town Clerk of the Town of Ulysses send certified copies
of this **Resolution to the Governor of the State of New York and our state
representatives.
**Resolution # 58 Agreement to Participate In Shared Service Grant with Tompkins County
AGREEMENT TO PARTICIPATE IN THE LOCAL GOVERNMENT RECORDS
MANAGEMENT IMPROVEMENT FUND (LGRMIF) SHARED SERVICE GRANT
WITH THE COUNTY OF TOMPKINS
Whereas the Town of Ulysses recognizes the need for update and improvement of the
Ulysses’ Records Management Program and,
Whereas, New York State Education Department is offering LGRMIF Shared Service
Grants to expand review and improve future processes based on the management,
retrieval and records retention requirements,
THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses wishes
to participate with the County of Tompkins Shared Service Grant and supports their
application, Project No. 058-14-4844 for 2013 and,
FURTHER RESOLVE that the Town Board of the Town of Ulysses authorizes Marsha
L. Georgia Town Clerk to sign the LGRMIF Shared Services Agreement Form.
**Resolution# 59 Undertaking for Benefit of the NYSDOT in Connection With Work on State Highways
AGREEMENT TO THE TERMS OF AN UNDERTAKING FOR THE BENEFIT OF THE
NYS DEPARTMENT OF TRANSPORTATIO N IN CONNECTION WITH WORK
AFFECTING STATE HIGHWAYS
BE IT RESOLVED that the Town of Ulysses accepts the terms of the following
Undertaking agreement with the New York State Department of Transportation which
addresses all operations and/or actions undert aken within state right -of-ways.
March 12, 2013 Regular Town Board Meeting
**Resolution # 60 Agenda/Vouchers/Minutes
The Board made some modifications to the agenda. Unanimously approved.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous
examined voucher # 75 through 123 in the amount of $52,955.44.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited
minutes of the Working Town Board meeting of January 26, 2013.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited
minutes of the Regular Town Board meeting of February 11, 2013.
**Resolution #61 Resignation of Don Smith / Appointment of David Kerness Ad Hoc Committee
BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the resignation
of Don Smith from the Ad Hoc Committee and
FURTHER RESOLVES to appoint David Kerness to serve on the Ad Hoc Committee.
**Resolution #62 Establishment of Ambulance District After Public Hearing
TOWN OF ULYSSES **RESOLUTION FOR ESTABLISHMENT OF AMBULANCE
DISTRICT AFTER PUBLIC HEARING
WHEREAS, the Town Supervisor of the Town of Ulysses, New York (the "Town"), duly
prepared a map, plan and report (the “MPR”) for an ambulance district covering the entire Town
outside the boundaries of the Village of Trumansburg, to provide emergency medical service and
ambulance service in the Town, as set forth in the MPR; and
WHEREAS, after the Town Supervisor duly filed the MPR in the office of the Town Clerk, the
Town Board on February 12, 2013, duly adopted an order reciting a description of the
boundaries of the proposed district, the maximum amount proposed to be expended for the first
year of operation of the proposed ambulance district, the fact that a map, plan and report
describing the same are on file in the Town Clerk's office for public inspection and specifying
that said Town Board shall meet at the Town Hall, 10 Elm Street, Trumansburg, New York on
the 26th day of February, 2013, at 6:30 p.m., for the purpose of conducting a public hearing on
such proposal to establish the ambulance district for the services specified in the MPR, and to
hear all persons interested in the subject thereof concerning the same; and
WHEREAS, copies of said order were duly pu blished and posted according to law, and said
Town Board at the time and place specified in said order, duly met and considered such proposal
and heard all persons interested in the subject thereof, who appeared at such time and place,
concerning the same; and
WHEREAS, the Town Board considered the evidence offered at such time and place;
NOW, THEREFORE, Be It Resolved, by the Town Board that it be and hereby is determined as
follows:
(1) The notice of hearing was published and posted as required by law and is otherwise
sufficient.
(2) All of the property and property owners, within the proposed Ambulance District are
benefitted thereby.
(3) All of the property and property owners benefitted are included within the proposed
Ambulance District.
(4) It is in t he public interest to establish the proposed Ambulance District as hereinafter
described, and be it further
RESOLVED that the Town Board does hereby approve the establishment of an Ambulance
District as hereinafter described to be known as the Town of Ulys ses Ambulance District, with
the following boundaries: The entire Town of Ulysses outside the boundaries of the Village of
Trumansburg; and be it further
RESOLVED that this **Resolution is subject to a permissive referendum in the manner provided
in Town Law Article 7 and Town Law § 209-e (3).
**Resolution #63 - Approving Contract with Habitat for Humanity for NYS Small Cities CDBG Funds
**RESOLUTION OF THE ULYSSES TOWN BOARD APPROVING CONTRACT
WITH HABITAT FOR HUMANITY FOR NYS SMALL CITIES CDBG FUNDS
WHEREAS, the Town of Ulysses, Tompkins County, New York, was awarded a New York
State Small Cities Program Community Development Block grant in the amount of $400,000 in
2007, as set forth in the Grant Agreement dated October 1, 2007; and
WHEREAS, the Town contracted with Better Housing for Tompkins County to provide
moderate rehabilitation (repairs valued between $5,000 and $25,000) to the residence s of
qualified homeowners within the Town; and
WHEREAS, homeowners who received assistance through this program entered into
Diminishing Lien Agreements with the Town, which required repayment of a portion of the
grant amount if the property were sold within five years from the date of said agreement; and
WHEREAS, the sum of $13,076 was repaid to the Town by homeowners who sold their
properties within the five year period; and
WHEREAS, the funds need to be used for repair projects within the Town of Ulysses ; and
WHEREAS, the Town wishes to assist low- and moderate income homeowners in the hamlet of
Jacksonville with home repairs and
WHEREAS, Habitat for Humanity of Tompkins and Cortland Counties (“Habitat”) has an
established program known as “A Brush with Kindness” (ABWK) to assist homeowners with
small repairs, and the Town Board has received and reviewed the documentation describing this
program provided by Habitat; and
WHEREAS, Habitat proposes to undertake the Jacksonville “A Brush with Kindness” Project ;
and
WHEREAS, the Project meets the objectives and requirements of the New York State Small
Cities CDBG funds; and
WHEREAS, Habitat has a demonstrated capacity to implement the Project; and
NOW, THEREFORE, BE IT
RESOLVED that the $13,076 of NYS Small Cit ies CDBG funds will be used for repairs to
homes of low- and moderate income homeowners in the hamlet of Jacksonville in the Town; and
be it further
RESOLVED that the Town will enter into a Subrecipient Agreement with Habitat, whereby
Habitat will use the abovementioned sum of $13,076 for the Jacksonville ABWK Project, on the
terms set forth in such Agreement, which will be subject to review by the Attorney for the Town
and Town Supervisor prior to its execution.
**Resolution # 64 Letter of Support Cayuga Lake Triathlon
WHEREAS the Cayuga Lake Triathlon is an event in the Town of Ulysses that brings hundreds
of participants and spectators to the town; and
WHEREAS the Cayuga Lake Triathlon has established a good record for being well organized
and keeping participants and spectators safe, including the clearly delineated plans for traffic
management and detours.
THEREFORE BE IT RESOLVED the Town of Ulysses approves having the Town Supervisor
sign and sends a letter of support to the Cayuga Lake Triathlon organizers.
**Resolution #65 Establishing Committee to Work with Public Sector HR on Personnel Policy
BE IT RESOLVED that the Town Board of Ulysses appoints David Reynolds, David Kerness
and Elizabeth Thomas to serve on a Personnel Committee convened to develop an updated
Ulysses Personnel Policy for approval by the Ulysses Town Board, with the assistance of the
firm Public Sector HR.
March 26, 2013 Working Town Board
**Resolution #66 Review and Revise Proposals from Tri County & Alarm Tech
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize the
Supervisor, Mr. Romer and Mr. Schlee to review and revise the proposals as
necessary from Tri County and Alarm Tech. once satisfied the Town Board
authorizes the Supervisor to enter into a contract not to exceed $9000.
**Resolution #67 Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited
minutes of February 26, 2013.
**Resolution #68 Accepts Quote from Aqua Logics Systems to Convert Water District Monitoring
System
WHEREAS quotes for a new remote cellular communication system to monitor the Town of
Ulysses water supply system were obtained from Aqua Logics Systems and Phoenix Sentry, and
WHEREAS the lower quote from Phoenix Sentry was accepted but subsequently was determined
to not include the extra engineering charges required to synchronize properly with the town's
existing monitoring system; and
WHEREAS the Town requested and obtained updated quotes of which the Aqua Logics System
quote was the lesser.
THEREFOR BE IT RESOLVED that the Town Board of the Town of Ulysses rescinds
**Resolution 120 of 2012 passed on 11/27/2012 accepting the quote from Phoenix
Sentry because the quote did not include $2,500 of extra fees listed in their updated quote of
2/20/2013. Also
BE IT RESOLVED that the Town Board of the Town of Ulysses accepts quote # Q1 -12-122B
from Aqua Logics Systems Inc. dated 3/11/2013 for $9,275 to convert the water district
monitoring system to remote cellular communications. This contract can be executed by the
Town Supervisor.
**Resolution #69 Modify Budget for Aqua Logics Payment of $9,275.00
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize the
Supervisor to modify the 2013 Budget by taking Water Fund Balance money of 2012
and transferring to Water Transmission and Distribution in the amount of $9,275 in
the 2013 Budget.
**Resolution #70 Internal Audit
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize the
Supervisor to proceed to request a quote for an outside audit from Ciaschi, Dietershagen,
Little, Mickelson & Company LLP for an outside audit of the Town’s Financial
Statements and Internal Control procedures to take from time after April 14 th, 2013.
**Resolution #71 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.
April 9, 2013 Regular Town Board Meeting
**Resolution #72 Agenda/Claims/Minutes
The Board approved the agenda.
BE IT RESOLVED that the Town Board of the Town of Ulysses a pprove the previous
examined voucher # 124 through 156 in the amount of $35,442.68.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edite d
minutes of the Working Town Board meeting of January 22, 2013 and Regular Town
Board Meeting of March 12, 2013.
**Resolution # 73 Adopting Agricultural Assessments on Agricultural Land for Purpose of Calculating
Benefit Assessments or Special Ad Valorem Levies for the Town of Ulysses Fire Protection District
**RESOLUTION ADOPTING AGRICULTURAL ASSESSMENTS ON AGRICULTURAL LAND
FOR PURPOSES OF CALCULATING BENEFIT ASSESSMENTS OR SPECIAL AD VALOREM
LEVIES FOR THE TOWN OF ULYSSES FIRE PROTECTION DISTRICT
WHEREAS, the Town of Ulysses is committed to preserving agricultural lands for agricultural purposes
and the State Legislature has by 1994 amendments to Section 305, Subdivision 6, and Section 306,
Subdivision 5 of the New York Agriculture and Markets Law, authorized the governing bodies of local
municipalities which levy taxes for fire protection district purposes to adopt a **Resolution permitting the
use of agricultural assessments rather than full value assessments for the purposes of calculating such
levy, and
WHEREAS, the Town of Ulysses Agricultural and Farmland Protection Plan, adopted February 26, 2013
lists as a priority action item consideration of adopting an agricultural assessment for special district tax
levies in support of fire and emergency services, and the Town Board finds that such a use of agricultu ral
assessments would be advantageous in helping the farming community maintain its lands as agricultural
lands by reducing the cost of fire protection for those lands,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ulysses as follows:
Section 1. Use of agricultural assessment on lands within an agricultural district. The assessment
determined pursuant to subdivision 1 of Section 305 of the New York Agricultural and Markets Law shall
be used for purposes of calculating the benefit assess ments or special ad valorem levies for the Town of
Ulysses Fire Protection District on agricultural lands within an agricultural district.
Section 2. Use of agricultural assessments on lands outside of an agricultural district. The assessment
determined pursuant to subdivision 1 of Section 306 of the New York State Agricultural and Markets
Law shall be used for purposes of calculating the benefit assessments or special ad valorem levies for the
Town of Ulysses Fire Protection District on agricultural lands outside an agricultural district.
Section 3. Applicability. The foregoing assessment modification shall apply only to agricultural lands that
have qualified for the agricultural assessment in accordance with the applicable procedures set forth in
Subdivision 1. of Section 305 and Subdivision 1 of Section 306 of the Agricultural and Markets Law.
Section 4. Effective Date. This **Resolution shall take effect as of April 10, 2013 and shall be applicable
to all assessment rolls prepared for levying of taxes in the Town on and after said date.
**Resolution # 74 Agricultural Assessment on Agricultural Land for Purposes of Calculating Benefit
Assessment or Special Ad Valorem Levies for the Town of Ulysses Ambulance District
**RESOLUTION ADOPTING AGRICULTURE ASSESSMENTS ON AGRICULTURAL LAND
FOR PURPOSES OF CALCULATING BENEFIT ASSESSMENTS OR SPECIAL AD VALOREM
LEVIES FOR THE TOWN OF ULYSSES AMBULANCE DISTRICT
WHEREAS, the Town of Ulysses is committed to preserving agricultural lands for agricultural purposes
and the State Legislature has by Section 305, Subdivision 6, and Section 306, Subdivision 5 of the New
York Agriculture and Markets Law, authorized the governing bodies of local municipalities which levy
taxes for ambulance district purposes to adopt a **Resolution permitting the use of agricultural
assessments rather than full value assessments for the purposes of calculating such levy, and
WHEREAS, the Town of Ulysses Agricultural and Farmland Protection Plan, adopted February 26, 2013
lists as a priority action item consideration of adopting an agricultural assessment for special district tax
levies in support of fire and emergency services, and the Town Board finds that such a use of agricultural
assessments would be advantageous in helping the farming community maintain its lands as agricultural
lands by reducing the cost of fire protection for those lands,
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ulysses as follows:
Section 1. Use of agricultural assessment on lands within an agricultural district. The assessment
determined pursuant to subdivision 1 of Section 305 of the New York Agricultural and Markets Law shall
be used for purposes of calculating the benefit assessments or special ad valorem levies for the Town of
Ulysses Ambulance District on agricultural lands within an agricultural district.
Section 2. Use of agricultural assessments on lands outside of an agricultural district. The assessment
determined pursuant to subdivision 1 of Section 306 of the New York State Agricultural and Markets
Law shall be used for purposes of calculating the benefit assessments or special ad valorem levies for the
Town of Ulysses Ambulance District on agricultural lands outside an agricultural district.
Section 3. Applicability. The foregoing assessment modification shall apply only to agricultural lands that
have qualified for the agricultural assessment in accordance with the applicable procedures set forth in
Subdivision 1 of Section 305 and Subdivision 1 of Section 306 of the
Agricultural and Markets Law.
Section 4. Effective Date. This **Resolution shall take effect as of April 15, 2013, and contingent upon
final establishment of the Town of Ulysses Ambulance district as adopted by the Ulysses Town Board on
March 12, 2013 and subject to permissive referendum as set forth in Town Law Article 7 and Town Law
section 209-e(3). This **Resolution shall be applicable to all assessment rolls prepared for levying of
taxes in the Town on and after said date.
**Resolution #75 Supporting Highway Superintendent Letter to TC Highway Department
BE IY RESOLVED that the Town Board of the Town of Ulysses supports the letter to
the Tompkins County Highway Director, Jeff Smith, written by Highway Superintendent
James Meeker, urging the repair of the Count y Roads listed in the letter.
FURTHER RESOLVED that a copy of the letter be forwarded to the County Legislator.
**Resolution # 76 Executive Session
BE IT RESOLVED that the Town Board of the T own of Ulysses moves to go into
executive session to discuss matters related to the appointment, promotion, demotion,
discipline, or removal of particular personnel.
**Resolution # 77 Compensation to Supervisor for Acting as Budget Officer
**RESOLUTION OF THE ULYSSES TOWN BOARD TO SEPARATELY
COMPENSATE THE
SUPERVISOR ACTING AS BUDGET OFFICE
WHEREAS, the annual salary of the Supervisor is currently $15,608, pursuant to the
notice of hearing for the preliminary budget for 2013; and
WHEREAS, the annual salary for the Deputy Supervisor is currently $25,557; and
WHEREAS, the Supervisor resigned effective April 15, 2013; and
WHEREAS, the Town Board needs to fill the vacancy in the position of Supervisor; and
WHEREAS, the Town Board has determined that it is in the best interest of the Town to
move funds appropriated for the salary line of the Deputy Supervisor for 2013 to increase
compensation to the Supervisor for 2013, in order to fill the vacancy in the position of
Supervisor; and
WHEREAS, Town Law §27(4) provides that, notwithstanding the provisions of Town
Law §27(1), the Supervisor may receive, in addition to any other compensation, a salary
as budget officer to be fixed by the Town Board; and
WHEREAS, §27(4) of the Town Law was interpreted by the Office of the State
Comptroller Opinion no. 38 of 1987 to provide that a town may, without adopting a local
law, provide an additional salary to the supervisor for services performed as budget
officer, even if this additional compensation will cause the total compensation paid to the
supervisor to exceed the amount set forth as the supervisor’s salary in the notice of
hearing on the preliminary budget; and
WHEREAS, pursuant to Town Law §103(2), the Supervisor is the budget officer unless
the supervisor appoints another person as budget officer; and
WHEREAS, the increase in the salary of the Supervisor by transferring funds from the
line allocated to the salary of the Deputy Supervisor will not result in the expenditure of
funds in excess of what was appropriated for 2013 for salaries in the Office of the
Supervisor (General Fund budget appropriation section A1220);
NOW, THEREFORE, IT IS HEREBY
RESOLVED that the Town Board of the Town of Ulysses hereby appropriates an
additional salary to the supervisor for 2013 in the annual amount of $14,392 for services
performed as budget officer, to take effect upon the appointment of the new Supervisor
after April 15, 2013.
**Resolution #78 Modify 2013 Budget to Separately Compensate Supervisor Who Acts as Budget
Officer
**RESOLUTION OF THE ULYSSES TOWN BOARD TO MODIFY THE 2013 TOWN
BUDGET TO SEPARATELY COMPENSATE THE SUPERVISOR WHO ACTS AS
BUDGET OFFICER
WHEREAS, the Town Board of the Town of Ulysses adopted “**Resolution of the Ulysses
Town Board to separately compensate the Supervisor who acting as budget officer” on April 9,
2013; and
WHEREAS, said **Resolution specifies that additional salary appropriated to the Supervisor for
2013 for services performed as Budget Officer will not require an expenditure of funds in excess
of what was appropriated for 2013 for salaries in the Office of the Supervisor (General Fund
budget appropriation section A1220), and as such that any increase in t he compensation of the
Supervisor will be accompanied by a concomitant decrease in the salary appropriated for the
Deputy Supervisor,
BE IT HEREBY RESOLVED that the Ulysses Town Board makes the following modification to
the 2013 Budget:
Appropriation line A1220.13 Budget Officer is added at $14,392
Appropriation line A1220.12 Deputy Supervisor is decreased by $14,392
These budget modifications are to take effect upon the appointment of the new Supervisor after
April 15, 2013.
APRIL 29, 2013 SPECIAL TOWN BOARD MEETING
**No **Resolutions
APRIL 30, 2013 TOWN BOARD WORKING MEETING
**Resolution # 79 Agenda/Minutes
Ms. Thomas moved, seconded by Ms. Tyler to approve the agenda as presented.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited
minutes of the Working Town Board meeting of March 26, 2013 and the Regular Town
Board meeting of April 9, 2013.
**Resolution #80 Supervisor Appointment Elizabeth Thomas
WHEREAS, Roxanne Marino, the former Town Supervisor of the Town of Ulysses,
New York (the "Town"), resigned effective April 15, 2013, thereby creating a vacancy
in the office of Town Supervisor; and
WHEREAS, pursuant to Town Law §64(5), whenever a vacancy occurs in a town
office, the town board o r a majority of the members thereof may appoint a qualified
person to fill the vacancy; and
WHEREAS, Town Law §64(5) provides the person appointed to fill an elective office
holds office until the commencement of the calendar year after the next annual
election;
NOW, THEREFORE, be it
RESOLVED that the Town Board of the Town of Ulysses hereby appoints Elizabeth
Thomas as Town Supervisor of the Town of Ulysses, effective immediately, to hold
office until December 31, 2013.
**Resolution #81 Town Board Appointment Nancy Zahler
WHEREAS, Elizabeth Thomas, resigned from her office as member of the Town
Board of the Town of Ulysses effective April 30, 2013, thereby creating a vacancy
seat on the Town Board; and
WHEREAS, pursuant to Town Law §64(5), whenever a vacancy occurs in a town
office, the town board or a majority of the members thereof may appoint a qualified
person to fill the vacancy; and
WHEREAS, Town Law §64(5) provides the person appointed to fill an elective
office holds office until the commencement of the calendar year after the next annual
election; and
WHEREAS, the Town Board invited qualified applicants to contact the Town Clerk
and indicate their interest in being appointed to the Town Board; and
WHEREAS, the Town Board reviewed the qualifications of applicants and selected a
qualified appointee;
NOW, THEREFORE, be it
RESOLVED that the Town Board of the Town of Ulysses hereby appoints Nancy
Zahler as a member of the Town Board of the Town of Ulysses, effective
immediately, to hold office until December 31, 2013.
**Resolution #82 Chamber of Commerce Signs
WHEREAS the Tompkins County Chamber of Commerce initiated an effort to install
Gateway Signage at the entrance to Tompkins County on major state highways in
order to promote tourism; and
WHEREAS the Chamber of Commerce has funding to purchase the initial set of
signs; and
WHEREAS there are currently signs marking the entrance into the Town of Ulysses
and Tompkins County on State Routes 89 and 96 where the Gateway Signage project
proposes to place the new signs.
THEREFORE BE IT RESOLVED that the Town Board of Ulysses is in support of
the Tompkins County Chamber of Commerce Gateway Signage project to install
gateway signs on Routes 89 and 96 as presented to the Town Board at the March 12
meeting of the Board; and
RESOLVED the Town of Ulysses will apply for the Waived Use and Occupancy
Permit for Gateway Signage and any subsequent papers which might be required for
this permit; and the Town of Ulysses Highway Superintendent is empowered t o
execute such Use and Occupancy Permit ; and
RESOLVED that this approval from the Town Board of Ulysses is contingent on the
NYS DOT either removing the existing, standard issue gateway signs on Routes 96
and 89 or allowing Tompkins County or the Town of Ulysses to remove the existing
signs; and
FURTHER RESOLVED the Gateway Signage project signs may not exceed 20
square feet in area.
**Resolution #83 Use of Town Vehicles
WHEREAS, the Town Board wishes to encourage fuel efficiency by authorizing town
officers and employees to transport passengers in appropriate circumstances;
Now, therefore, be it
RESOLVED that Town Board of the Town of Ulysses hereby authorizes officers and
employees of the Town to transport passengers in town vehicles to and from events
and meetings attended by an officer or employee of the town for town related
business.
**Resolution #84 Surplus Equipment
BE IT RESOLVED that the following equipment and items belonging to the Town
of Ulysses are no longer of use to the Town and e ither little or no retail value and
as such can be either disposed of or donated in an environmentally responsible
way.
Chairs from the conference room - current value $0.00 suggested recycle.
Adding machine - Canon P23 DH 111 - current value $0.00 suggested recycle.
Non-working (TOU20) Dell Single core 2.8 GHz, Dimensions 5100C, Serial # 2106391
current value $0.00 suggested recycle.
We also have a non-working server (TOU3) OptiPlex GX 260, service code (BNJ6621)
current value $0.00 suggested recycle
non-working monitor (TOU27) E551 14 inch full size serial Number NY-082CGN-
46632-ocm-23LT current value $0.00 suggested recycle
Working Projector (no town number) model 2200MP, SERIAL NUMBER
26129748709 current value $50.00 suggested sale or donation
1972 Brockway model 361L single axel dump truck with plow and wing.
**Resolution #85 Adding Signature to Checks
RESOLVED that the Town Board of the Town of Ulysses approves Marsha Georgia to
be a signer on all checks for the Town in the event the Supervisor is unable to be the
signatory, and
RESOLVED, that Marsha Georgia is also approved to be the second signatory for
checks exceeding $5,000 as second signature is required by Town policy.
**Resolution #86 Purchasing Municipal Equipment
BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Highway
Superintendent James Meeker to purchase a used backhoe with low hourly use at a
municipal surplus or contractor equipment auction with a cost not to exceed $50,000 and
RESOLVED, this **Resolution is in effect for the year 2013.
**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.
MAY 14, 2013 REGULAR TOWN BOARD MEETING
**Resolution #88 Agenda/Claims/Minutes
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.
BE IT RESOLVED that the Town Board of the Town of Ulysses ap proves the
previously examined vouchers #157 through 207 in the amount of $95,957.96.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the
minutes of the Special Town Board meeting of April 29, 2013 and the Town Board
Working meet ing of April 30, 2013 as corrected.
**Resolution #89 Surplus Equipment
BE IT RESOLVED that the following equipment and items belonging to the Town of Ulysses
are no longer of use to the Town and either little or no retail value and as such can be either
disposed of or donated in an environmentally responsible way.
1. Hewlett Packard, printer, Scanner, Fax M1522NF, Serial Number CND822K0MN (on
inventory but bought by NY Court Systems)
2. Computer Monitor that the Ulysses youth brought in. 15inch full size Dell model
E770s SN: MX-02010V-47605=08T-BTRK
3. Cannon flatbed scanner H12275 SERIAL NUMBER SGH45065
**Resolution #90 Urging New York State to Declare Invalid the RDSGEIS for High Volume Horizontal
Hydraulic Fracturing
Urging New York State to Declare Invalid the RDSGEIS for High Volume
Horizontal Hydraulic Fracturing
WHEREAS the Town of Ulysses has participated faithfully in the process of developing
the New York State Generic Environmental Impact Statement on high volume horizontal
hydraulic fracturing and
WHEREAS the Town of Ulysses has closely studied the issue of high volume
horizontal hydraulic fracturing and has determined that natural gas drilling is not in the
best interest of the Town and
WHEREAS nonetheless gas drilling in other municipalities may well ha ve a detrimental
effect on the Town of Ulysses and
WHEREAS it has been learned recently that three firms – Ecology and Environment
Inc., Alpha Geoscience, and URS Corporation - hired by New York State to work on the
Revised Draft Supplemental Generic Environmental Impact Statement were closely
involved with the Independent Oil and Gas Association of New York (IOGA), a lobbying
and advocacy organization for the oil and gas industry and
WHEREAS such involvement with a lobbying and advocacy organization raise s serious
questions about the three firms’ ability to maintain an objective viewpoint on an issue
with such an important impact on the residents of New York State and
WHEREAS the content of the Revised Draft Supplemental Generic Environmental
Impact Statement is therefore called into question
Now therefore be it
RESOLVED the Town of Ulysses calls upon the Department of Environmental
Conservation and the Governor to declare invalid the Revised Draft Supplemental
Generic Environmental Impact Statement and
FURTHER RESOLVED that this **Resolution be sent to Commissioner Joseph
Martens of the Department of Environmental Conservation, Governor Andrew Cuomo,
Assemblywoman Barbara Lifton and Senator Thomas O’Mara.
**Resolution #91 New Liaison Positions
Supervisor Appointments
A. Highway Department Kevin Romer
B. Trumansburg Village Board of Trustees Nancy Zahler/alter. David Kerness
C. Personnel David Kerness
D. Health Insurance Consortium Board Lucia Tyler
E. Planning Board and Board of Zoning Appeals David Kerness
F. Fire Department Kevin Romer
G. County and other Emergency Management Kevin Romer
H. Town Court David Kerness
I. Trumansburg Ulysses Youth Commission L. Thomas/alter. Nancy Zahler
Town Board Appointments
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 Cheryl Thompson,
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 Sharon Bilotta and vacant
I. Recreation Partnership representative Durand VanDorn
J. Tompkins County Youth Services Board Vacant
K. Ithaca/Tompkins County Transportation
Council Planning Committee
Darby Kiley
L. Ithaca/Tompkins County Transportation
Council Policy Committee
Darby Kiley
M. Tompkins County Council of Governments L. Thomas / alter. N. Zahler
N. Tompkins County Area Development Nancy Zahler
O. Fair Board liaison Kevin Romer
P. Historian Nancy Dean
Q. Water District Advisory Board Chairperson Diane Hillman
R. Tompkins County Animal Control Lucia Tyler
S. Cayuga Lake Water Shed Intermunicipal Org. Darby Kiley
**Resolution#92 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.
TOWN BOARD WORKING MEETING MAY 28, 2013
****Resolution#93 – Retain Whiteman, Osterman & Hanna LLP
BE IT RESOLVED that the Town Board of the Town of Ulysses allocate $5000 to retain
Whiteman, Osterman & Hanna LLP to start work.
****Resolution#94 – Village Police Contract
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Thomas to sign the
contact with the Village of Trumansburg for police protection for the town court once new language is
negotiated. The Supervisor will request using the Attorney's suggested language that the contract period
is for one year and the rate of payment is set annually.
****Resolution#95 – Mainstay Contract
BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Thomas to sign the
contact in the amount of $2030 with Mainstay Builders to do various repairs on the Town Hall and install
outdoor lighting as per the amended contract based on the recommendation from the Attorney for the
Town made at the 5/28/13 meeting.
****Resolution#96 – Natural Gas – Hazardous Wastes
SUPPORTING NYS BILLS A1046 AND S00674 CALLING FOR UNIFORM TREATMENT OF HAZARDOUS
WASTES
WHEREAS the purpose of New York State Assembly bill A1046 (same as NYS Senate bill S00674) is to
amend the environmental conservation law in relation to the uniform treatment of waste; and
WHEREAS currently wastes from the oil and natural gas industries are exempt from the regulations
promulgated by the Department of Environmental Conservation despite the fact that these wastes may
be hazardous in many instances; and
WHEREAS these bills would require hazardous wastes produced from oil and natural gas activities to be
subject to the Environmental Conservation Law (ECL) requirements for treatment of hazardous wastes
by amending section 27-0903 to add a new section that would classify all waste resulting from oil or
natural gas production activities as hazardous waste if such waste meets the definition of hazardous
wastes set forth in the ECL; and
WHEREAS this legislation would ensure that when waste from oil and natural gas operations meets the
definition of hazardous waste, that it be treated in a manner consistent with other hazardous wastes
because failure to do so could present a real danger to public health and the environment; and
WHEREAS there is no compelling reason why waste produced from oil and natural gas activities that
meet the definition of hazardous waste should not be subject to the same laws regarding generation,
transportation, treatment, storage and disposal as other hazardous wastes.
THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses supports NYS Assembly bill
A1046 (same as NYS Senate bill S00674) and encourages the passage of this bill by the Assembly, Senate
and Governor; 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); New York State Senator
Thomas O’Mara; New York State Senator and sponsor of the bill Tony Avella; New York
State Assemblywoman Barbara Lifton; NYS Assemblyman and sponsor of the bill Robert
Sweeney; EPA Region 2 Administrator Judith Enck; EPA Acting Director Bob Perciasepe;
Senators Kirsten Gillibrand and Charles Schumer; Congressman Thomas Reed; DEC
Department of Mineral Resources Director Bradley Field and DEC Department of Mineral
Resources Assistant Director Katherine Sanford; U.S. Department of Energy Secretary
Earnest Moniz; President Barak Obama
****Resolution#97 - Natural Gas – Health Impact Study **Resolution
SUPPORTING NYS LEGISLATIVE BILLS A5424A/S04236A CALLING FOR A MORATORIUM ON HYDRAULIC
FRACTURING UNTIL AFTER A COMPREHENSIVE HEALTH IMPACT ASSESSMENT IS COMPLETE.
WHEREAS New York State Assembly bill A5424A (same as NYS Senate bill S04236A) notes in its
justification that the potential for high volume hydraulic fracturing for natural gas in res ervoirs such as
the Marcellus and Utica Shale formations has led to robust debate regarding the safety of the process
and the protection of the environment; and
WHEREAS the purpose of New York State Assembly bill A5424A (same as NYS Senate bill S04236A) is to
impose a moratorium until May 15, 2015 on the issuance of certain natural gas drilling permits and
requires the completion of a comprehensive health impact assessment done by a school of public
health; and
WHEREAS delaying the Department of Environmental Conservation’s ability to issue permits will provide
the New York State Legislature with additional time to assess the true public health and environmental
impacts of hydraulic fracturing and will provide the opportunity for the completion of a comprehensive
health impact assessment; and
WHEREAS this bill will also help ensure the Legislature has adequate time to review DEC’s Supplemental
Generic Environmental Impact Statement (sGEIS) once it is produced. Such a moratorium will allow for a
thorough, deliberate and unrushed analysis of all the factors involved.
THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses supports NYS Assembly bill
A5424A (same as NYS Senate bill S04236A) and encourages the passage of this bill by the Senate and
Governor; 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); New York State Senator Thomas O’Mara; New York State Senator and sponsor of
the bill Tony Avella; New York State Assemblywoman Barbara Lifton; NYS Assemblyman and
sponsor of the bill Robert Sweeney; EPA Region 2 Administrator Judith Enck; EPA Acting
Director Bob Perciasepe; Senators Kirsten Gillibrand and Charles Schumer; Congressman Thomas
Reed; DEC Department of Mineral Resources Director Bradley Field and DEC Department of
Mineral Resources Assistant Director Katherine Sanford; U.S. Department of Energy Secretary
Earnest Moniz; President Barak Obama.
****Resolution#98 - 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.
REGULAR TOWN BOARD MEETING JUNE 11, 2013
****Resolution#99 – Agenda, Claims and Minutes
Ms. Zahler moved, seconded by Ms. Thomas to approve the agenda as presented.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
previously examined vouchers #208 through 257 in the amount of $37,815.51.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes
of the Working Town Board meeting of May28, 2013 as edited.
****Resolution#100 – Speed Limit Reduction Searsburg Road
BE IT RESOLVED that the Town Board of the Town of Ulysses supports the request
of the Searsburg residents to lower the speed limit from Curry Road to the County Line
/Mount Road.
****Resolution#101 – Budget Modifications
A1010.4 Town Board CE increase $4,500.00
A1990.4 Contingency decrease $4,500.00
To cover HR Consultants fees, for revision of employee handbook.
Alll0.4 Town Justice CE increase $8,000.00
A917 Unassigned Fund Balance decrease $8,000.00
To reflect spending from Court Grant funds not budgeted for the current year.
A5132.2 Highway Barn EQ increase $8,315.65
A878 Capital Reserve decrease $8,315.65
To move money from the reserve account to cover the expense of new radios, unbudgeted for
the current year.
B9040.8 Worker's
Compensation
increase $1,468.00
B1990.4 Contingency decrease $1,468.00
To cover additional Workers Compensation costs.
SW3-8310.4 Water District 3
Administration
increase $1,000.00
SW3-915 Assigned Unappropriated
Fund
decrease $1,000.00
To cover cost of new software unbudgeted in the current year.
****Resolution#102 – Appointment of Historian/Deputy Historian
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint John Wertis as
the Historian for the Town of Ulysses at a yearly salary of $1000
FURHER RESOLVE to appoint Michele Mitrani as Deputy Historian at a yearly salary
of $500.
****Resolution#103 – Appoint Alternate Board of Directors Health Consortium
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Ms. Thomas to
be the alternate on the Board of Directors for the Tompkins County Health Care
Consortium.
****Resolution#104 – Exemption to Sell Wine at Taughannock Park Concerts
BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes the Town
Supervisor to sign a letter to the Division of Alcohol Controls seeking exemption to
limitations for the permit to sell alcohol at the Taughannock Falls State Park during the
summer concert series.
****Resolution#105 – 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.
TOWN BOARD WORKING MEETING JUNE 25, 2013
****Resolution#106 – Agenda / Minutes
Ms. Thomas moved, seconded by Ms. Zahler to approve the agenda as presented.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes
of the Regular Town Board meeting of June 11, 2013 as edited.
****Resolution#107 – Open Space **Resolution
Whereas, the 2009 Comprehensive Plan Action Item #1.1 A states that the Town should “Develop
and implement an Open Space Plan to identify and protect open space in the Town;” and
Whereas, the New York State Local Open Space Planning Guide provides the rationale, the
process, the types of resources, and the tools for open space planning; and
Whereas, the Planning Board has discussed the need to identify areas and mechanisms for
protection and is willing do the work as the meeting schedule allows.
NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Ulysses assigns to the
Planning Board the task of initiating the development of an Open Space Plan. The Planning Board
should first focus on critical areas for protection and recommend specific protection mechanisms,
and outline additional steps needed for the development of a full plan. The Planning Board will
provide monthly progress reports.
****Resolution#108 – Amicus Brief
**RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ULYSSES TO
APPROVE BECOMING AN AMICUS CURIAE IN ACTIONS INVOLVING
MUNICIPAL HOME RULE IN THE COURT OF APPEALS OF THE STATE OF
NEW YORK
WHEREAS , the Towns of Middlefield and Dryden have recently revised their zoning
laws to prohibit heavy industrial uses (including natural gas drilling) in their
communities and such laws were challenged in court by opponents claims that the
Towns did not have the power to regulate natural gas drilling as a land use through
zoning; and
WHEREAS, the Town of Ulysses filed an amicus curiae or "friend of the court" brief
in both lawsuits in support of its sister Towns in order to rea ssert the right of each
municipality throughout New York State to determine what land uses are appropriate
in its community through municipal home rule law powers granted by the NYS
Constitution and the NYS Municipal Home Rule Law; and
WHEREAS , the Town of Ulysses organized a coalition of over 50 other
municipalities from across the State to file these amicus curiae briefs in the Appellate
Division, Third Department in 2012; and
WHEREAS, the Appellate Division, Third Department , ruled in favor of the Towns
of Dryden and Middlefield in the matters of Norse Energy Corporation USA v. Town
of Dryden et al., and Cooperstown Holstein Association v. Town of Middlefield; and
WHEREAS, the Norse Energy Corporation and the Cooperstown Holstein
Association ("Appellants") recently filed motions for leave to appeal each decision to
the Court of Appeals - the State's highest court; and
WHEREAS , if the Appellants are granted leave to appeal to the Court of
Appeals, the Town of Ulysses will seek leave to file amicus curiae brief(s) with
the Court and will file such brief(s) if leave is granted; and
WHEREAS, the Town of Ulysses is part of the municipal coalition supporting the
Ulysses' amicus brief(s) to send a powerful statement to the Court of Appeals, the NYS
Department of Environmental Conservation and the NYS Legislature about the
importance of protecting municipal home rule in New York State and a
Municipality’s right to decide , for itself, whether natural gas drilling - or any other
land use - is appropriate for its citizens.
NOW, THEREFORE, BE I T RESOLVED THAT:
1. The Town of Ulysses hereby determines that it is in the public interest of the
citizens of the Town to support municipal home rule by being part of the amicus
br i ef(s) being filed in the Court of Appeals by the Town of Ulysses and a coalition
of municipalities from across the State.
2. The Town Ulysses of Ulysses hereby authorizes and directs the Supervisor/Mayor to
complete or cause to be completed any and all such further documents and papers in
the name and on behalf of the Town/Village/City as the Supervisor/Mayor deems
necessary or appropriate to carry into effect the foregoing **Resolution.
3. The Town Clerk will promptly send a certified copy of this adopted **Resolution to
the Supervisor.
REGULAR TOWN BOARD MEETING JULY 9, 2013
****Resolution# 109 – Adopting Agenda/Claims/Minutes
Ms. Zahler moved, seconded by Ms. Thomas to approve the agenda as presented.
Unanimously approved
BE IT RESOLVED that the Town Boar of the Town of Ulysses approve the minutes
of the Working Town Board meeting of June 25, 2013 as edited.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
previously examined vouchers #253 through 287 in the amount of $16,966.78.
****Resolution# 110 – Authorization for the Town Clerk to Enter into a 5-year Agreement with
Tompkins County for the Tompkins Shared Services Electronic Records Repository
Authorization for the Town Clerk to Enter into a 5-Year Agreement with Tompkins
County for the Tompkins Shared Services Electronic Records Repository (TSSERR)
Whereas Tompkins County has initiated and secured grants for the Tompkins County Shared
Services Electronic Records Repository (TSSERR) which is a shared service hosted by the
County and made available to all municipalities within the County and
Whereas the Town Board supported the grant application for TSSERR in 2013 and
Whereas the participating members of the TSSERR have drafted a set of By-Laws and a Group
Agreement which have been presented to its members and the Tompkins County Operations
Committee and
Whereas the Town Clerk has present ed and discussed the TSSERR agreement and by-laws with
the Town Board
Now therefore be it
Resolved that the Town Board does hereby authorize the Town Clerk to enter into the Tompkins
County Shared Services Electronic Records Repository Group Agreement on behalf of the Town
subject to the approval of the Attorney for the Town.
****Resolution #111 -Support for the Tompkins County Clerk’s Application for Funding from the New
York State Consolidated Funding Application for Shared Services under the Local Government
Efficiency Grant
Whereas the Tompkins County Clerk’s Office intends to apply for funding through the New
York State Consolidated Funding Application (CFA) for monies to continue its efforts to
increase efficiencies in local services delivery of services and through shared services and
support related to records management systems and
Whereas the Town Board has supported the County Clerk’s Office in previous funding
applications and looks forward to future opportunities for shared services and Intermunicipal
cooperation which result in savings for its constituents and
Whereas the Town anticipates cooperating with and joining in future shared services offered
and/or supported by the County whenever feasible.
Now therefore be it
Resolved that the Town Board does hereby fully support the Tompkins County Clerk’s Office in
its pursuit and application for funding for shared services through a Local Government
Efficiency Grant
****Resolution#112 – Allow Privilege of the Floor at the July 11, 2013 Special Town Board Meeting
BE IT RESOLVED that the Town Board of the Town of Ulysses will allow a 10 minute
comment period at the end of the meeting on July 11, 2013.
SPECIAL TOWN BOARD MEETING JULY 11, 2013
Review of Lakeshore Zoning – can be heard on the audial on the web
TOWN BOARD WORKING MEETING JULY 23, 2013
****Resolution#113 – Approval of Agenda/Minutes/Claims
BE IT RESOLVED that the Town Board of the Town of Ulysses amend the agenda:
adding claims, moving “privilege of floor” up to be after presentations (limit to 10
minutes), update on Village waterline, executive session and update on grant for Cleaner
Greener.
BE IT RESOLVED that the Town Board of the Town of Ulysses table the minutes of the
Regular Town Board meeting of July 9, 2013 and the Special Town Board meeting of
July 11, 2013.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous
examined vouchers #288 through 302 in the amount of $21,398.74.
****Resolution#114 – Amended **Resolution Of The Ulysses Town Board Approving Contract With
Habitat For Humanity For NYS Small Cities CDBG Funds
AMENDED **RESOLUTION OF THE ULYSSES TOWN BOARD APPROVING
CONTRACT WITH HABITAT FOR HUMANITY FOR NYS SMALL CITIES CDBG
FUNDS
WHEREAS, the Town of Ulysses, Tompkins County, New York, was awarded a New York State
Small Cit ies Program Community Development Block grant in the amount of $400,000 in 2007,
as set forth in the Grant Agreement dated October 1, 2007; and
WHEREAS, the Town contracted with Better Housing for Tompkins County to provide
moderate rehabilitation (repairs valued between $5,00 and $25,000) to the residences of qualified
homeowners within the Town; and
WHEREAS, homeowners who received assistance through this program entered into
Diminishing Lien Agreements with the Town, which required repayment of a portion of the grant
amount if the property were sold within five years from the date of said agreement; and
WHEREAS, the sum of $13,076 was repaid to the Town by homeowners who sold their properties
within the five year period; and
WHEREAS, the funds need to be used for repair projects within the Town of Ulysses; and
WHEREAS, the Town wishes to assist low- and moderate income homeowners in the Town of
Ulysses with home repairs; and
WHEREAS, Habitat for Humanity of Tompkins and Cortland Counties (“Habitat”) has an
established program known as “A Brush with Kindness” (ABWK) to assist homeowners with
small repairs, and the Town Bo ard has received and reviewed the documentation describing this
program provided by Habitat; and
WHEREAS, Habitat proposes to undert ake the Town of Ulysses “A Brush With Kindness”
Project; and WHEREAS, the Project meets the objectives and requirements of the New York
State Small C ities CDBG
funds; and
WHEREAS, Habitat has a demonstrated capacity to implement the Project; and
WHE REAS, the Town adopted a **Resolution on March 12, 2013, approving the project,
which limited the project area to the hamlet of Jacksonville, and the Town has since concluded
that it is in the best interest of the residents of the Town to extend the project area to the entire
Town of Ulysses;
NOW, THEREFORE, BE IT
RESOLVED that the $13,076 of NYS Small Cit ies CDBG funds will be used for repairs to homes
of low- and moderate income homeowners in the Town of Ulysses; and be it further
RESOLVED that the Town will entered into a Sub recipient Agreement with Habitat, whereby
Habitat will use the abovementioned sum of $13,076 for the Town of Ulysses ABWK Project,
on the terms set forth in such Agreement, which will be subject to review by the Attorney for the
Town and the Town Supervisor prior to its execution.
****Resolution#115 - **Resolution Regarding PSC Case No. 12-E-0577, Supporting The Up-
Grading Transmission Lines And Rejecting The Conversion An Electricity Generating Plant To
Natural Gas
**RESOLUTION REGARDING PSC CASE NO. 12-E-0577, SUPPORTING THE UP-GRADING TRANSMISSION
LINES AND REJECTING THE CONVERSION AN ELECTRICITY GENERATING PLANT TO NATURAL GAS
Whereas, on July 20, 2012, Cayuga Operating Company, LLC, (“Cayuga”) which
operates the coal-fired electric power plant (“the plant”) located on the east shore of
Cayuga Lake in the Town of Lansing filed notice with the Public Service Commission
(“the PSC”) of its intent to stop operating its coal-fired electric plant no later than
January 16, 2013 because it “could not be operated economically;
Whereas, on January 18, 2013, PSC directed Cayuga and NYSEG to compare the costs
and benefits of two options:
1) repowering the plant at the existing site, or
2) investing in long term alternative transmission upgrades.
Whereas, on February 19, 2013, NYSEG responded to PSC that “no electric generation
will be required at the Cayuga Generating Facility [the plant] to support the reliability
needs of either NYSEG or National Grid.” [1] Instead NYSEG proposed two
transmission upgrades which would address the electric supply reliability concerns raised
by closing the plant. NYSEG further specified that these upgrades would be
completed by mid-2017.
Whereas, in March 2013, Cayuga submitted a “Repowering Proposal,” listing four ways
to repower and continue operation of the plant, each substituting natural gas for coal.
Whereas, in May 2013, NYSEG responded to the Cayuga proposal of March 2013,
recommending that the proposed transmission upgrades be implemented and that the
plant not be converted to natural gas. (NYSEG’s analysis concluded that the
transmission line upgrades without repowering the plant was the least costly option.
[2] Moreover, the upgrades to the transmission lines would be required in any case,
thereby rendering the conversion proposals unnecessary. )
Whereas, each of Cayuga's natural gas conversio n proposals is more expensive than the
transmission upgrades proposed by NYSEG and requires that the NYSEG upgrades be
done as well;
Whereas, Cayuga's natural gas conversion proposals rely on assumptions about revenue
and market stability which the NYSEG analysis calls into question; [3]
Whereas, there is a lack of transparency in the arguments offered for natural gas
conversion proposals, much of the data having been removed from documents available
to the public
Whereas the plant has and will continue to create ecological and health hazards as long as
it operates, regardless of which fossil fuel it uses, as it:
produces fine particle air pollution, has frequently been in violation of the Clean Air and
Clean Water Acts, allows seepage of pollutants from its coal ash dump into the local
ground water;
Whereas, Cayuga Lake is a major ecotourism asset to this region, and the location of the
plant on the shore of Cayuga Lake exacerbates its potential for harming this asset;
Whereas there is no longer a technical need for a power plant to be located near such a
precious resource as the lake, the cooling no longer needed in the NYSEG plan or the
Cayuga plan.
Whereas, NYSEG ratepayers, including many Ulysses residents, are currently pa ying
NYSEG additional fees totaling $30 MILLION each year to a private, for -profit
corporation to keep in operation an otherwise inefficient plant which provides electricity
which NYSEG has indicated is not needed now or in the future;
Whereas, the conversion will require the building of a new 18-mile natural gas pipeline
through the Town of Dryden, with two major implications:
* The cost, in the 100's of millions of dollars, will be paid by local residents who get
their electricity from NYSEG.
* the rights of way for the pipeline will be taken from individual landowners by
eminent domain
Whereas, the environmental damage of construction and operation, the air pollution from
leaks in the pipeline, the noise and light pollution from pipelin e stations, and the risks of
an explosion all will be borne by residents living near the pipeline.
Whereas, NYSEG has found that pursuing any of Cayuga's natural gas conversion
proposals present additional reliability risks;
Whereas, continuing to generate electricity with fossil fuels is not consistent with the
New York State Energy Highway plan and the huge infrastructure required for the
Cayuga proposal is a costly detour off of that highway.
Whereas this matter which so vitally affects the hea lth, safety, lands, finances, and
quality of life of so many residents has not been well publicized and has only recently
come to the notice of this Board and our constituents;
Therefore, BE IT RESOLVED that such merits as might exist in the proposal t o convert
to natural gas are obscured by the lack of transparency and removal of the data on which
they rely from publicly available documents;
RESOLVED that as of the PSC deadline, the Town of Ulysses recognizes the many
concerns listed above, none of which appear yet to have been resolved;
RESOLVED that, based on the information made public and available to the Town, the
Town of Ulysses cannot support the proposal of the Cayuga Operating Company, LLC
to convert its operation of this plant to natural gas; and
THEREFORE RESOLVED that the Town of Ulysses supports the proposal of NYSEG to
upgrade the transmission lines which it has specified to the PSC, and
FURTHER RESOLVED that the Town of Ulysses supports the PSC requiring NYSEG to
implement a “demand-response” approach in combination with the described
transmission upgrades to mitigate the transmission reliability issues raised in this Case.
[1] They are: the rebuilding of an existing line between National Grid's
Elbridge substatio n and NYSEG's State Street Substation and constructing a new two
between the same two points—a distance of 14.5 miles.
[2] NYSEG Repowering Analysis submission, p. 18.
[3] Id.
RESOLVED the Town Clerk will send a copy of this **Resolution to Secretary of the
NYS PSC Jeffrey Cohen; Assemblywoman Barbara Lifton; State Senator Thomas O’Mara;
Governor Andrew Cuomo; Senator Charles Schumer; Senator Kirsten Gillibrand;
Tompkins County Legislator James Dennis; and Tompkins County Legislative Chair,
Martha Robertson
****Resolution# 116 – Approval to Certify the Secretary of State as a Receiver of Notice of Claims
Approval to Certify the Secretary of State as a Receiver of Notice of Claims
WHEREAS, New York State passed a new law effective June 2013, entitled “Uniform Notice
of Claim Act”, which allows notice of claims to be served on the secretary of state instead
of directly on the municipality at a fee of $250; and
WHEREAS, a municipality must file a certificate designating the secretary of state as an agent
who may be served with a notice of claim, and which includes to whom and to where the notice
of claim is to be sent; and
WHEREAS, failure to file the certificate causes a municipality to forfeit its right to receive
a portion of the notice of claim filing fees;
Now, therefore, be it,
RESOLVED, the Town Board of the Town of Ulysses hereby certifies the Secretary of State to
receive notice of claims for the Town of Ulysses; and be it further
RESOLVED, that the Secretary of State shall notify the Town Clerk of any notice of claim
by sending notice to Town of Ulysses Town Clerk, 10 Elm Street, Trumansburg, NY 14886.
RESOLVED, that the Town of Ulysses Town Clerk send a certified copy of this **Resolution to
the Secretary of State.
**Reolution#117 – Support Falls Road Route for Village Water Line
BE IT RESOLVED that the Town Board of the Town of Ulysses supports the Falls Road
route for running the second source of water to the Village of Trumansburg because it
is consistent with the Town of Ulysses’ Comprehensive Plan, current Zoning Law,
supports the Black Diamond Trail and has potential to serve more Town residents in the
future. This support assumes there are no cost to the Town and no adverse environmental
impact as would be shown through SEQR.
****Resolution#118 – Contribution to the Outreach Group Hydrilla Task Force
WHEREAS as the Cayuga Inlet has been infested by Hydrilla and
WHEREAS Ulysses is a major land entity on Cayuga Lake and
THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses will
contribute $2500 to the Outreach Group of the Hydrilla Task Force of the Cayuga Lake
Watershed payable to Cornell Cooperative Extensio n of Tompkins County.
****Resolution#119 – 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.
****Resolution# 120 – Deputy Clerk Pay
Resolved to pay Deputy Clerk, Patty Halloran at a rate of $18.92 on an hourly basis with
a normal work week of 31 hours per week. Health insurance, dental and vision coverage
will be paid as per a class B employee according to the Town of Ulysses Personnel
Policy. Hours worked over 40/week will be paid overtime, however permission from the
Town Clerk is required to work overtime. Compensatory time off is allowed according to
the Personnel Po licy.
****Resolution#121 – Reduction of Elected Officials Salary for 2014
WHEREAS seats for the Town Board, Town Supervisor, Town Highway Superintendent
and Town Clerk are up for election in Fall 2013 and
WHEREAS the Town Board is responsible to set the salary for any potential incoming
elected officials.
THEREFORE, BE IT RESOLVED the base salaries for the following positions are:
Town Councilperson: $4,117
Town Supervisor: $15,608
Town Clerk $36,000 for 30 hrs. /week
$48,000 for 40 hrs. /week
Town Highway Superintendent $55,429
REGULAR TOWN BOARD MEETING AUGUST 20, 2013
****Resolution#122 – Agenda/Claims/Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses excepts the agenda with
the addition of adjourning for executive session for the advice of Counsel and under Old
Business switch (a) and (b) and make the Non-Conformance Zoning (a).
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previously
examined vouchers #303 through #354 in the amount of $50,404.52.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of
the Regular Town Board meeting of July 9, 2013, the Special Town Board meeting of
July 11, 2013 and Working Town Board meeting of July 23, 2013 as edited.
****Resolution#123 – Budget Modifications
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following
budget modifications;
A1320.4 Auditor CE increase $11,000.00
A915.3 Assigned Funds - Audit decrease $11,000.00
To move money from the reserve account to cover the expense of the 2013 outside audit.
A6326.4 Other Econ Oppty Programs increase $13,076.00
A917 Unassigned A Fund Balance decrease $13,076.00
To cover payment made out of funds received from HUD Grants monies refunded to the
town in 2012 and paid to Habitat for Humanity in 2013.
A7310.4 Youth Programs PS increase $3,987.00
A917 Unassigned A fund Balance decrease $3,987.00
To transfer funds from fund balance to cover increased Youth PS expense due to
expenditure of Tompkins Community Fund Grant of $3,987.00 received in 2012.
B8090.4 Environmental Control increase $2,781.10
B1990.4 Contingency decrease $2,781.10
To cover additional cost due to payment to Hydrilla Task Force.
B9040.8 Worker’s Compensation increase $620.00
B1990.4 Contingency decrease $620.00
To cover additional cost of Worker’s Compensation.
DB9040.8 Worker’s Compensation increase $85.00
DB5110.4 Highway Maintenance CE decrease $85.00
To cover additional cost of Worker’s Compensation.
****Resolution# 124 – Appointment Youth Committee Member – Andrea Murray
BE IT RESOLVED that the Town Board of the Town of Ulysses appoints Andrea
Murray to fill the vacant seat on the Trumansburg/Ulysses Joint Youth Commission.
****Resolution# 125 – Appointment to Planning Board – Brian Cutler
BE IT RESOLVED that the Town Board of the Town of Ulysses appoints Brian Cutler to
the vacant seat on the Town of Ulysses Planning Board to fill out the term expiring
December 2017 for Peter Fry who has stepped down from this position.
****Resolution# 126 – Broad Band Contribution
WHEREAS access to high-speed broadband Internet service is regarded as a basic
infrastructure necessity of the 21st century, providing a means of access to information
and communication for citizens and businesses that is used by a growing percentage of the
world’s population, and
WHEREAS broadband Internet access serves the public interest in that it is increasingly a
requirement for: the provision of government services, for small, locally-owned
businesses to be able to compete, for sustainable economic development and
commerce, education at all levels, health care, and whereas a lack of access to
broadband Internet service may adversely impact property values, and
WHEREAS, for all of the reasons cited abo ve, the Tompkins County Broadband
Initiative’s goal was to provide the opportunity for broadband access to all
households and businesses throughout Tompkins County, and
WHEREAS a grant proposal submitted by Clarity Connect to the State proposed
coverage for all the un-served and underserved areas in Tompkins County and was
supported by both the Tompkins County Legislature and all towns without universal
broadband access, and
WHEREAS Clarity Connect received generous but not full funding from t he State
granting agency to build a broadband distribution system to many of the unserved and
underserved households in Tompkins County, and
WHEREAS the shortfall in funds for installing poles to accommodate the wireless system
was $42,000 and an add itional estimated $165,000 in transmitters and extra equipment
costs, and
WHEREAS in order for all of Tompkins County to achieve universal broadband access
for all the residents intended to be covered by this grant, rural municipalities are being
asked to contribute a total of $6,000 and
WHEREAS additional funds will be raised through donations and future grants.
THEREFORE BE IT RESOLVED that the Town of Ulysses will contribute $6,000 to the
effort of bringing universal broadband to all of T ompkins County, and
RESOLVED that the Town Clerk will send a copy of this **Resolution to Chuck
Bartosh, owner of Clarity Connect and Michelle Pottorff, the Clerk of the Tompkins
County Council of Governments and cc the Town Supervisor.
TOWN BOARD WORKING MEETING AUGUST 27, 2013
****Resolution# 127 - Agenda
add a 10 minute privilege of floor to the agenda
edit the minutes of 7/23/2013 to add Mr. Hartill’ s written statement to the minutes for clarification but
leave what was originally written when adopted
table discussion “truck for water district operator” Old Business (d)
****Resolution# 128 – Setting Public Hearing for Local Law #1 2013
BE IT RESOLVED that the Town Board of the Town of Ulysses excepts the draft
amendment dated August 14, 2013 for the proposed local law and,
FURTHER RESOLVED sets the Public Hearing on proposed Local Law #1-2013 for
September 10, 2013 at 6:45 PM.
LOCAL LAW NO. 1 OF THE YEAR 2013
A Local Law to Amend the Town of Ulysses Zoning Law ("the Zoning Law").
SECTION 1.
Article XVI of the Zoning Law, entitled "Development Districts'', shall be amended by deleting
all provisions pertaining to Development District No. 11.
SECTION 2.
The Zoning Map referred to in Article II of the Zoning Law shall be amended to include the
property described below in the A-1 Agricultural District:
ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Ulysses, County of
Tompkins, and State of New York, and being part of Military Lot Nos. 8 and 14 in said Town,
more particularly bounded and described as follows:
BEGINNING at a point in the southwesterly line of New York State Route 96 (Ithaca-
Trumansburg Turnpike), said point being located South 61°15' 35" West a distance of
approximately 33 feet from a point in the center line of said New York State Route 96 that is
located northwesterly measured along said center line a tie measurement of, 731.66 feet, more
or less, from the point of intersection of said center line with the center line of Cold Springs
Road;
Thence South 61° 15' 35" West (passing through a point marked by an iron pin at 9 feet and
through a point marked by another iron pin at an additional 531.60 feet) a total distance of
approximately
578.10 feet to a point that is on the "approx. location zoning boundary" as labeled on a survey
map entitled "SURVEY MAP SHOWING LANDS OF DAYID G. KLINE LOCATED ON
NYS RTE. 96, TOWN OF ULYSSES, TOMPKINS COUNTY, NEW YORK" completed by
T.G. Miller, P.C., Engineers & Surveyors, dated 5/21107;
Thence in a northwesterly direction on a line labeled "approx. location zoning boundary" on
the aforementioned map, said line being parallel with the southwesterly line of said New
York State Route 96 a distance of approximately 1,237.5 feet to a point marked by an iron
pin at the northwesterly comer of premises of Kline and being located in the southerly
boundary line of premises reputedly owned by Stover as shown by instrument recorded in
the Tompkins County Clerk's Office as Instrument No. 1146394-001;
Thence South 86° 21' 38" East (passing through a point marked by an iron pin at 716.80 feet) a
total distance of 733.72 to a point in the southwesterly highway line of said New York State
Route 96;
Thence South 34° 34' 17" East along the southwesterly highway line of New York State Route
96 a distance of 845.77 feet to the point and place of beginning, being that portion of Parcel A
on the above referenced survey maps that was formerly located in Development District No. 5
as shown on the aforementioned survey map.
SECTION 3.
This local law shall take effect upon filing with the Secretary of State.
****Resolution#129 – Set Public Informational Meeting – non-conforming
BE IT RESOLVED that the Town Board of the Town of Ulysses set a Public
Informational Meeting on the changes to Article XX-Nonconformance for September 10,
2013 at 6 PM.
REGLAR TOWN BOARD MEETING SEPTEMBER 10, 2013
****Resolution#130 – Agenda/Claims/Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses amend the agenda to
add the Personnel Policy in New Business.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous
examined vouchers #’s 355 through 385 in the amount of $21,867.80.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of
the Regular Town Board meeting of August 20, 2013 as corrected.
****Resolution# 131 – SEQR Local Law #1
**RESOLUTION OF THE ULYSSES TOWN BOARD MAKING SEQR DETERMINATION FOR LOCAL
LAW NO.1 OF 2013 AMENDMENT OF THE TOWN OF ULYSSES ZONING LAW
WHEREAS, this action is the adoption of a Local Law to amend the Town of Ulysses Zoning
Law to rezone part of Tax Parcel Number 20.-3-9.21, located at 1966 Trumansburg Road,
from Develop District Number 11 to A1-Agricultural District; and
WHEREAS, this is an unlisted action for which the Town of Ulysses Town Board is acting in an
uncoordinated environmental review with respect to the enactment of the proposed local
law; and
WHEREAS, a public hearing on the proposed amendment of the Zoning Law was held on
September 10, 2013, and notice of such hearing was published in the Ithaca Journal, the official
newspaper of the Town and a newspaper of general circulation, on August 31, 2013, more
than 10 days before the date of the public hearing; and
WHEREAS, the Town Board, at a public meeting held on September 10, 2013, has
reviewed and accepted as adequate the Long Environmental Assessment Form (LEAF), Parts I
and II for this action;
NOW, THEREFORE, IT IS HEREBY
RESOLVED that the Town of Ulysses Town Board hereby makes a negative determination
of environmental significance, in this uncoordinated environmental review, in accordance
with New York State Environmental Quality Review Act for the above referenced action as
proposed based on the information in the LEAF Part I and for the reasons set forth in the
LEAF Part II, and, therefore, an Environmental Impact Statement will not be required.
*****Resolution#132 – Adopting Local Law# 2 2013 Development District 11 Rezoned to A1
**RESOLUTION OF THE ULYSSES TOWN BOARD APPROVING LOCAL LAW # 1 OF 2013
AMENDMENT OF THE TOWN OF ULYSSES ZONING LAW
WHEREAS, the Ulysses Town Board (“the Town Board”) adopted a Comprehensive Plan for the
Town on September 28, 2009; and
WHEREAS, the Town Board adopted Local Law no. 4 of 2007 on November 28, 2007, which
amended the Zoning Law of the Town of Ulysses previously adopted on August 30, 2005;
and
WHEREAS, by **Resolution dated and adopted March 11, 2008, the Town Board amended the
Zoning Law to establish Development District No. 11 in the area described in the said
**Resolution; and
WHEREAS, the Town Board has determined that it is in the best interest of the Town and
its residents to amend the Zoning Law so that the area currently forming Development District
No. 11 will be rezoned to become part of the A-1 Agricultural District, as described in Article V
of the Zoning Law, that such amendment is necessary to promote the public health and safety of
the residents of the Town, and that such amendment provides for responsible land use and
development consistent with the Comprehensive Plan; and
WHEREAS, the Town Board performed environmental review of the proposed amendment
of the Zoning Law pursuant to the provisions of SEQR, issued findings and adopted a
Negative Declaration under SEQR on September 10, 2013; and
WHEREAS, on August 16, 2013, the Town submitted to the Tompkins County Planning
Department a full statement of the proposed amendment of the Town Zoning Law pursuant
to General Municipal Law §239(l) and (m); and
WHEREAS, the Tompkins County Planning Department sent a response on August 22, 2013
and did not object to this Local Law, and no protest petition objecting the this Local Law has
been received by the Town Board, and a supermajority (majority plus one vote) is
therefore not needed for passage of this Local Law by the Town Board; and
WHEREAS, a public hearing on the proposed amendment of the Zoning Law was held on
September 10, 2013, and notice of such hearing was published in the Ithaca Journal, the official
newspaper of the Town and a newspaper of general circulation, on August 31, 2013, more
than 10 days before the date of the public hearing; and
WHEREAS, it is in the best interests of the Town and its residents to amend the Town Zoning
Law to provide for responsible land use and development consistent with the Comprehensive
Plan;
NOW, THEREFORE, IT IS HEREBY
RESOLVED that the Town Board of the Town of Ulysses hereby adopts Local Law No. 1 of
2013, to be effective upon filing with the New York State Secretary of State as required by law.
TOWN OF ULYSSES, NEW YORK
LOCAL LAW NO. 1 OF THE YEAR 2013
A Local Law to Amend the Town of Ulysses Zoning Law ("the Zoning Law").
SECTION 1.
Article XVI of the Zoning Law, entitled "Development Districts'', shall be amended by
deleting all provisions pertaining to Development District No. 11.
SECTION 2.
The Zoning Map referred to in Article II of the Zoning Law shall be amended to include
the property described below in the A-1 Agricultural District:
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ulysses, County of
Tompkins, and State of New York, and being part of Military Lot Nos. 8 and 14 in said
Town, more particularly bounded and described as follows:
BEGINNING at a point in the southwesterly line of New York State Route 96 (Ithaca-
Trumansburg Turnpike), said point being located South 61°15' 35" West a distance of
approximately 33 feet from a point in the center line of said New York State Route 96
that is located northwesterly measured along said center line a tie measurement of,
731.66 feet, more or less, from the point of intersection of said center line with the
center line of Cold Springs Road;
Thence South 61° 15' 35" West (passing through a point marked by an iron pin at 9 feet
and through a point marked by another iron pin at an additional 531.60 feet) a total
distance of approximately 578.10 feet to a point that is on the "approx. location zoning
boundary" as labeled on a survey map entitled "SURVEY MAP SHOWING
LANDS OF DAYID G. KLINE LOCATED ON NYS RTE. 96, TOWN OF
ULYSSES, TOMPKINS COUNTY, NEW YORK" completed by T.G. Miller, P.C.,
Engineers & Surveyors, dated 5/21107;
Thence in a northwesterly direction on a line labeled "approx. location zoning
boundary" on the aforementioned map, said line being parallel with the
southwesterly line of said New York State Route 96 a distance of approximately
1,237.5 feet to a point marked by an iron pin at the northwesterly comer of
premises of Kline and being located in the southerly boundary line of premises
reputedly owned by Stover as shown by instrument recorded in the Tompkins County
Clerk's Office as Instrument No. 1146394-001;
Thence South 86° 21' 38" East (passing through a point marked by an iron pin at 716.80
feet) a total distance of 733.72 to a point in the southwesterly highway line of said New
York State Route 96;
Thence South 34° 34' 17" East along the southwesterly highway line of New York
State Route 96 a distance of 845.77 feet to the point and place of beginning, being
that portion of Parcel A on the above referenced survey maps that was formerly
located in Development District No. 5 as shown on the aforementioned survey map.
SECTION 3.
This local law shall take effect upon filing with the Secretary of State.
****Resolution#133 –Set Public Hearing for Local Law #2 Non-Conformance
BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the proposed
zoning amendment to change Article XX: Non-conformance of the Ulysses Zoning Law
and sets the Public Hearing to be held at the Ulysses Historical Society located at 39
South St. Trumansburg, NY on Wednesday September 25, 2013 at 7 PM for the
purpose of accepting comments on the proposed Local Law #2 to amend the Town of
Ulysses Zoning Law which updates the language on non-conformance.
****Resolution#134 – Set Public Hearing for Local Law #3 Tax Cap Override
Be it resolved that the Town Board of the Town of Ulysses will hold a Public Hearing on
the proposed Local Law #3 to override the NYS tax levy limit as allowed by General
Municipal Law. The Public Hearing will be on Wednesday September 25, 2013 at 6:45
PM at the Ulysses Historical Society 39 South Street, Trumansburg, NY.
****Resolution#135 – Authorizing Court to Apply for Grant
**RESOLUTION AUTHORIZING APPLICATION FOR 2013
JUSTICE COIRT ASSISTANCE PROGRAM GRANT
WHEREAS, the Ulysses Town Court is in need of items beyond the means of the 2014 budget,
and
WHEREAS, the purchase of such items would put a financial strain on the taxpayers of the
Town of Ulysses, and
WHEREAS, The Ulysses Town Court has the opportunity to apply for the 2013-2014 Justice
Court Assistance Program Grant to obtain such items,
NOW THEREFORE, BE IT RESOLVED THAT the Ulysses Town Board hereby authorizes the Ulysses
Town Court Justices to apply for the 2013-2014 Justice Court Assistance Program Grant
requesting up to the maximum amount available to obtain needed items.
****Resolution#136 – Closed Session
BE IT RESOLVED that the Town Board of the Town of Ulysses adjourn to a closed session for the
advice of Counsel.
PUBLIC HEARING SEPTEMBER 10, 2013
*** Local Law to amend Article XVI of the Zoning Law to change Development District #11 (the
Miniature Golf Course) to A1-Agricultural District.
PUBLIC INFORMATION MEETING SEPTEMB 10, 2013
***Information on - Zoning Law Article XX – Non-Conformance
WORKING TOWN BOARD MEETING SEPTEMBER 24, 2013
**Rersolution#137 – Approval of Agenda // Minutes
Ms. Thomas moved, seconded by Mr. Kerness to adjust the agenda by removing the
presentation from the Municipal Gas and Electric Association because of a personal
emergency and will attend at the October meeting, and add an executive session.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of the
Town Board Working meeting of August 27, 2013 with the changes and corrections.
***Resolution#138 – 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.
PUBLIC HEARINGS ON PROPOSED LOCAL LAW #2 - #3 SEPTEMBER 25, 2013
***Local Law #2 – Tax Override Local Law #3- Non-Conformance Language
REGULAR TOWN BOARD MEETING OCTOBER 8, 2013
***Resolution#139 – Agenda/Claims/Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the agenda as
presented.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous
examined voucher numbers 386 through 431in the amount of $68,601.85.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited
minutes of the Regular Town Board Meeting of 9/10/2013, the Working Meeting of
9/24/2013 and the two Public Hearings of 9/25/2013.
***Resolution#140 – Budget Modifications 2013
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following
2013 budget modifications:
Increase A1320.4 Audit $1000.00
To allow for additional audit expense
Increase 917 Unappropriated Fund Balance 1,000.00
Decrease A915.3 Assigned Funds – Audit 1,000.00
To cover additional auditor expense out of reserve
Increase A7310.1 Youth Programs PS 1,297.00
Increase A7310.4 Youth Programs CE 203.00
To allocate the $1500.00 Howland Grant received for Youth Programs.
***Resolution#141 – Local Law#2 – Tax Cap Override
WHEREAS, municipalities of the State of New York are limited in the amount of
real property taxes that may be levied each year under the tax levy limit
established in General Municipal l Law §3-c, and
WHEREAS, subdivision 5 of General Municipal l Law §3-c expressly authorizes a
municipality to override the tax levy limit by the adoption of a local law
approved by vote of at least sixty percent (60%) of the governing body, and
WHEREAS, at its meeting on September 10, 2013 the Town Board of the Town
of Ulysses reviewed and discussed a proposed local law to override the tax
levy limit and adopted a resolution for a public hearing to be held by said Town
on September 25, 2013 at 6:45 p.m. to hear all interested parties on the
proposed local law entitled "A LOCAL LAW TO OVERRIDE THE TAX LEVY
LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3- C"; and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca
Journal on September 13, 2013; and
LOCAL LAW NO. 2 FOR THE YEAR 2013
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, 2014 and
ending December 31, 2014 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 authorize 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 2014
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# 143 - Set Public Hearing on Proposed Local Law #3 – Non-Conformance
WHEREAS, on September 10, 2013, the Town of Ulysses Town Board accepted the
proposed Town of Ulysses Zoning Law amendment to change Article XX –
Nonconformance and scheduled a public hearing; and
WHEREAS, on September 25, 2013, the Town Board held a public hearing prior to
compliance with Town Law Article 16, Section 264 (2), which requires written notice to
a designated representative of a city, town, village, county, state park or parkway if the
districts, regulations or boundaries affected by the amendment are within 500 feet of the
boundary of such entities;
NOW, THEREFORE, BE IT
RESOLVED that the Town Board sets a public hearing on the proposed Town of Ulysses
Zoning Law amendment to change Article XX – Nonconformance on Tuesday, October
22, 2013 at 6:45 PM at the Ulysses Town Hall;
FURTHER RESOLVED that notice of this public hearing be sent to the Ithaca Journal
and to the clerks of all neighboring counties, towns, and villages, and the New York State
Parks Finger Lakes Region Commissioner in person or by mail, no later than 10 days
prior to the public hearing.
***Resolution# 144 – Yard Requirements Conservation Zone
BE IT RESOLVED that the Town Board of the Town of Ulysses change the “
Minimum lot width at front lot line shall be 400 ft.” under section 10.5, Lot Area and
Yard Requirements in the Conservation District.
***Resolution#145 – Support for Jacksonville Church
BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Supervisor
Thomas to write a letter in the support of the old Jacksonville Church to be
nominate for one of the seven “save endangered sites” program for New York State in
2014.
WORKING TOWN BOARD MEETINGS OCTOBER 10. 2013 / OCTOBER 15, 2013
***Reviewing Tentative 2014 Budget
WORKING TOWN BOARD MEETING OCTOBER 22, 2013
***Resolution#146 – Approval of Agenda
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the agenda as
presented.
***Resolution#147 – Budget 2014 Health Insurance
BE IT RESOLVED that the Town Board of the Town of Ulysses reduce A9060 Health
Insurance by $7139 and increase A1990.4 Contingency by $7139.
***Resolution#148 – Adoption of Tentative Budget to Preliminary Budget 2014
BE IT RESOLVED that the Town Board of the Town of Ulysses
adopts the tentative 2014 Budget and moves it to Preliminary.
PUBLIC HEARING OCTOBER 22, 2013
**Proposed Zoning LL #3 – amend Article XX – Non Conformance
PUBLIC HEARING OCTOBER 30, 2013
***2014 Preliminary Budget
REGULAR TOWN BOARD MEETING NOVEMBER 12, 2013
***Resolution#149 –Agenda/Claims/Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the agenda as
presented.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves claims
contingent on approval of the 2nd Board Member #’s 432 through 482 in the amount of
$68,542.22.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of
9/10/2013 Public Hearing. 9/10/2013 Public Informational meeting, Regular Town Board
meeting of 10/8/2013, Working Town Board meetings of 10/10/2013, 10/22/2013 and
10/30/2013.
***Resolution#150 – Budget Modifications
A1110.12 Town Justice Clerk PS increase $5420.00
A1011.1 Town Board Admin Assistant decrease $5420.00
To allow for additiona l expense for the Court Clerk for salary increase, as well as for severance
and accrued vacation pay for terminated clerk.
A1320.4 Attorney CE increase $6300.00
A1 990.
4
Contingency decrease $1500.0
0 A917 Unassigned Fund Balance decrease $5000.00
To cover additional expense due to amicus brief $5,000 will be covered by a payment from
the Town of Ithaca , representing $5,000 of unbudgeted revenue, so therefore is drawn
from Fund Balance; the rest from contingency.
A1670.4 Printing and Mailing increase $1,200.00
A1220.12 Deputy Supervisor PS decrease $1,200.00
To cover shortage in the Printing & Mailing line due to mailing out newsletter ($2,000.00).
A7510.4 Historian CE increase $100.00
A1 650.4 Central l Communication CE decrease $100 .00
To budget for Town Historian training out of communication line, which has spent only about 58% of
its Budget YTD.
REGULAR TOWN BOARD MEETING NOVEMBER 12, 2013
***Resolution# 148 – Agenda/Claims/Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the agenda as
presented.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves claims
contingent on approval of the 2nd Board Member #’s 432 through 482 in the amount of
$68,542.22.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of
9/10/2013 Public Hearing. 9/10/2013 Public Informational meeting, Regular Town Board
meeting of 10/8/2013, Working Town Board meetings of 10/10/2013, 10/22/2013 and
10/30/2013.
***Resolution# 149 – Budget Modifications
A1110.12 Town Justice Clerk PS increase $5420.00
A1011.1 Town Board Admin Assistant decrease $5420.00
To allow for additiona l expense for the Court Clerk for salary increase, as well as for severance
and accrued vacation pay for terminated clerk.
A1320.4 Attorney CE increase $6300.00
A1 990.
4
Contingency decrease $1500.0
0 A917 Unassigned Fund Balance decrease $5000.00
To cover additional expense due to amicus brief $5,000 will be covered by a payment from
the Town of Ithaca , representing $5,000 of unbudgeted revenue, so therefore is drawn
from Fund Balance; the rest from contingency.
A1670.4 Printing and Mailing increase $1,200.00
A1220.12 Deputy Supervisor PS decrease $1,200.00
To cover shortage in the Printing & Mailing line due to mailing out newsletter ($2,000.00).
A7510.4 Historian CE increase $100.00
A1 650.4 Central l Communication CE decrease $100 .00
To budget for Town Historian training out of communication line, which has spent only about 58%
of its Budget YTD
***Resolution #150 – Non-Conformance SEQR
BE IT RESOLVED that the Town Board of the Town of Ulysses table SEQR determination and
Non-Conformance until a future meeting.
***Resolution#151 – 2014 Budget Adoption
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the Preliminary 2014
Budget with the modifications made tonight in Water District #3 changing the total
appropriations to $283,630.
***Resolution #152 – Change in Rules and Procedures
BE IT RESOLVED that the Town Board of the Town of Ulysses pursuant to the Rules and
Procedures to accept the resolution pertaining to the public hearing and public information
session regarding changes to the Zoning Law and the drafts of the Zoning Law that was sent
5:25 PM on Friday rather than before 5 on Friday.
***Resolution #153 –Waive Rules and Procedures
BE IT RESOLVED that the Town Board of the Town of Ulysses waive the Rules and
Procedures to accept the documents emailed Friday after 5 PM deadline.
***Resolutions #154 – Contract with E-Code
RESOLUTION OF THE ULYSSES TOWN BOARD TO CONTRACT WITH GENERAL CODE FOR
CODIFICATION SERVICES
WHEREAS, Town of Ulysses representatives met with a General Code representative on May 21,
2013, the Town provided General Code with existing local laws, and General Code provided a
Proposal for Codification Services dated July 24, 2013; and
WHEREAS, a General Code representative presented the proposal of services at a Town Board
meeting on September 24, 2013; and
WHEREAS, the proposed project will benefit the Town officials, Town staff, and residents by
providing comprehensive, up-to-date municipal information in one location; and
WHEREAS, the base contract price of $13,733 will be spread over three budget years;
NOW, THEREFORE,
BE IT RESOLVED that the Town Board of the Town of Ulysses agrees to the contract with General
Code as specified in the Proposal for Codification services dated July 24, 2013 with a Base
Codification Project Price of $13,733; and
BE IT FURTHER RESOLVED that the Town Board authorizes Supervisor Thomas to sign the above-
referenced contract with General Code.
SPECIAL TOWN BOARD MEETING NOVEMBER 18, 2013
***Resolution# 155 – Modified Agenda
Modified agenda as follows:
1. 7:00 CALL TO ORDER
2. CONSIDER ACCEPTANCE OF PROPOSED TOWN OF ULYSSES ZONING LAW REVISIONS FOR
PURPOSES OF PUBLIC HEARING.
3. CONSIDER SETTING A PUBLIC HEARING DATE REGARDING THE PROPOSED TOWN OF ULSYSSES
ZONING LAW REVISIONS FOR DECEMBER 2, 2013.
4. ADD PUBLIC INFORMATIONAL MEETING
***Resolution# 156 – Setting Public Hearing date for December 2, 2013 – Revised Zoning Law
CONSIDER ACCEPTANCE OF THE PROPOSED TOWN OF ULYSSES ZONING LAW
REVISIONS FOR THE PURPOSES OF PUBLIC HEARING AND SETTING A PUBLIC
HEARING DATE OF DECEMBER 2, 2013.
RESOLVED that the Town Board of the Town of Ulysses accepts the proposed Town of Ulysses
Zoning Law Revisions dated 11/8/2013 and amended on November 14, 2013 for purposes of the
public hearing and
RESOLVED that the Town Board hold a Public Hearing on Monday, December 2, 2013 at 7:00 p.m.
at the Ulysses Historical Society, at 39 Main St. Trumansburg, for the purpose of hearing public
comment on the proposed Zoning Law Revisions, and
RESOLVED that the Town Clerk shall arrange for publication of notice of the public hearing in the
Ithaca Journal at least ten days prior to the public hearing, and
RESOLVED that the Town Clerk shall serve written notice of the proposed Zoning Law Revision as
required by Town Law §264(3) at least ten days prior to the date of the Public Hearing to the
neighboring municipalities, specifically the Village of Trumansburg, Town of Ithaca, Town of
Enfield, Town of Lansing, Town of Covert, Town of Hector, Schuyler County, Seneca County,
Tompkins County and NYS Parks.
PUBLIC INFORMASTIONSL MEETING ON ZONING LAW – NOVEMBER 18, 2013
SPECIAL TOWN BOARD MEETIMNG – NOVEMNER 25, 2013
***Resolution# 157 –Policies AND Procedures
Suspend our Policies and Procedures that would allow us to introduce this resolution.
***Resolution #158 –Appoint Records Access Officer
RESOLUTION APPOINTING RECORDS ACCESS OFFICERS FOR TOWN OF ULYSSES AND
ADOPTING OTHER POLICIES REGARDING PUBLIC ACCESS TO RECORDS
WHEREAS, the Freedom of information Law (FOIL), New York Public Officers Law Article 6,
provides for public access to records maintained by municipalities, and
WHEREAS, the Town of Ulysses (Town) wishes to adopt the following
policies regarding its implementation of FOIL, including the procedures
applicable to requests from the public to inspector receive copies of Town
records,
BE IT RESOLVED, that
A. The Town designates the following person as Records Access Officers:
Mary Bouchard, Town Bookkeeper (Email appears in s paragraph further down
in the minutes)
10 Elm St. Trumansburg, NY
B. Mary Bouchard shall have primary responsibility for insuring appropriate Town
response to public requests for access to records.
C. Records shall be available for public inspection and copying at:
The Town of Ulysses Hall
D. Requests for public access to records shall be accepted and records produced during
all hours Town of Ulysses is regularly open for business these hours are 8 to 4
Monday through Friday or by appointment if the Records Access Officer is not
available.
E. Requests for records maybe submitted by completion and electronic
Submission of the electronic form on the Town's website. Requests
for records may also be submitted by completion of the paper hard
copy form that is available at the Town's Clerk's office and
submission of the form to either of the Records Access Officers at
the business addresses listed above.
F. The following person or persons or body shall determine appeals
regarding denial of access to recordings under FOIL:
Town of Ulysses Town Board
BE IT FURTHER RESOLVED, that any Town officer or employee
who receives a FOIL request shall immediately send it to the
Records Access Officers listed above so that a Records Access
Officer may notify the person submitting the request of the proper
procedure to do so.
BE IT FURTHER RESOLVED that all Town officers and
employees shall provide the Records Access Officers with all
records that are described in the FOIL request.
BE IT FURTHER RESOLVED, that the Records Access Officers
shall follow all requirements and procedures specified in FOIL and
in the Regulations implementing FOIL found at 21 NYCRR Part
1401.
BE IT FURTHER RESOLVED, that this resolution supersedes and
rescinds any and all prior resolutions in consistent t here with.
***Resolution#159 – Adding Privilege of Floor to Agenda
Add Privilege of the Floor for 10 minutes with 3 minutes per person as is the normal
privilege of the floor.
WORKING TOWN BOASRD MEETING – NOVEMBER 26, 2013
***Resolution#160 Agenda/Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the agenda for
the November 26, 2013 as modified adding setting date for public hearing for Fire and
Ambulance agreements and also to allow Privilege of the Floor.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of
the Town Board Working meeting of 10/22/2013, the Public Hearing of 10/22/2013, and
the Public Hearing of 10/30/2013 as modified.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes
with the changes presented for the Regular Town Board meeting of 11/12/2013.
***Resolution#161 – Appointment of Deputy Supervisor
RESOLUTION TO APPOINT DEPUTY SUPERVISOR
WHEREAS Lucia Tyler has served faithfully as Deputy Supervisor for the Town of
Ulysses, and
WHEREAS Ms. Tyler's term will end on December 31, 2013, and
WHEREAS to prevent leaving the a gap in time when the position is vacant,
THEREFORE BE IT RESOLVED that Supervisor Thomas appoints Nancy Zahler as her
Deputy Supervisor and thanks Ms. Zahler for agreeing to take this position.
***Resolution#162- Declaring Surplus Equipment
BE IT RESOLVED that the following equipment and items belonging to the Tow n of
Ulysses are no longer of use to the Town and either little or no retail value and as such
can be either disposed of or donated in an environmentally responsible way.
TOU4 Computer Desktop Dell 2.99 GHz 2 gig ram, 150 gig HD
Optiplex 760 Serial #: 3136tk1 Age 5 years Marsha Home.
TOU11 Computer Desktop Dell Single core 2.8 Ghz
Dimensions 5100C Serial #: 3106391 Age: 6 years Ulysses Youth
TOU12 Printer Hewlett Packard Laser Printer
HP Laserjet
1200 Series C7044A Serial #: CNBSF22978 Age 9 Years Supervisor's office -
bookkeeper.
TOU13 Computer Desktop Dell Single core 2.8Ghz
Dimensions 5100C Serial #: 4106391 Age 6.00 records room.
***Resolution#163 – Changing Date of December Working Meeting
BE IT RESOLVED that the Town Board of the Town of Ulysses resoles to cancel the
regularly scheduled working Town Board meeting of December 24 and set the meeting instead
on December 17, 2013.
***Resolution#164 - REQUEST TO EXTEND THE DEC COMMENT PERIOD ON LIQUIFIED NATURAL GAS
STORAGE
WHEREAS, the New York State Department of Environmental Conservation (NYSDEC)
has proposed to establish a permitting program for the safe siting, construction, and
operation of liquefied natural gas (LNG) facilities and transportation of LNG in New
York State (Proposed 6 NYCRR Part 570 - Regulation of Liquefied Natural Gas
Facilities), and
WHEREAS, NYSDEC initially established a 30-day public comment period on the
proposed regulations that was to expire on November 4, 2013, and
WHEREAS, NYSDEC has now extended that time period by only an additional 30 days
to December 4, 2013, and
WHEREAS, these regulations are being proposed without a comprehensive independe nt
analysis of their potential impacts by NYSDEC, and
WHEREAS, the review period is completely inadequate for a thoughtful and thorough
review of proposed regulations and related documents by local elected officials who meet
twice per month, and
WHEREAS, the Tompkins County Staff and Legislature needs adequate time to review
and assess the implications of the proposed regulations on its departments, facilities,
services, and residents, now therefore be it
RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality
Committee, That the Tompkins County Legislature urges that the NYSDEC should
extend the public comment period on the revised regulations to a total of 180 days,
RESOLVED, further, 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 Association of Counties, New York State Association of
Towns, Assemblywoman Barbara Lifton, Senator O’Mara, Tompk ins County
Legislators and Tompkins County Council of Governments (TCCOG).
***Resolution#165 – Contract for Interim Attorney
BE IT RESOLVED that the Town Board of the Town of Ulysses resolves to authorize
the Town Supervisor to sign the letter of engagement dated November 21, 2013 with
Attorney Susan Brock for legal services backup for 2013.
***Resolution#166 – Supporting TC Transfer of Property
SUPPORTING TOMPKINS COUNTY’S TRANSFER OF TAUGHANNOCK
BOULEVARD PARCEL WHICH BUFFERS THE BLACK DIAMOND TRAIL TO THE
STATE OF NEW YORK
WHEREAS, twenty two (22) parcels were subject to foreclosure proceedings by
Tompkins County in 2012, and
WHEREAS, Town of Ulysses Tax Parcel #27-4-6 was one of the parcels subject to
foreclosure, and
WHEREAS, the parcel is a vacant, 4.10-acre parcel located on Taughannock Boulevard,
north of Perry City Road, and
WHEREAS, the parcel is located in the County-designated Lakeshore Natural Features
Focus Area, the Maplewood Glen and Lakes Slopes Unique Natural Area (UNA-62), the
Cayuga Lake Scenic Byway, and the Town’s proposed Conservation District and Slope
Overlay Area, and
WHEREAS, the parcel is bordered to the west by approximately 380’ of the Black
Diamond Trail, and
WHEREAS, the County Planning Department recommended that the Government
Operations Committee withhold the parcel from the 2012 foreclosure auction in order to
study options for the parcel’s protection, and
WHEREAS, the Government Operations Committee voted to withhold the par cel from
the 2012 foreclosure auction, and
WHEREAS, New York State Parks expressed interest in acquiring the parcel to serve as
a buffer to the Black Diamond Trail, and
RESOLVED, on recommendation of the Ulysses Town Board, that the Town supports
the County’s effort to implement the transfer to the State of New York.
***Resolution#167 –Accepting Language of Fire Agreement sand Ambulance Agreement
BE IT RESOLVED that the Town Board of the Town of Ulysses excepts foregoing
amended Ambulance Agreement language as the final copy for the Public Hearing.
BE IT RESOLVED that the Town Board of the Town of Ulysses excepts foregoing
amended Fire Agreement language as the final copies for the Public Hearing.
***Resolution#168 – Setting Public Hearing Fire and Ambulance Agreement
BE IT RESOLVED that the Town Board of the Town of Ulysses sets the date of
December 17, 2013 at 6:45 p.m. at the Town Hall for the purpose of hearing public
comments on the Fire and Ambulance Agreements with the Village of Trumansburg.
PUBLIC HEARING DECEMBER 2, 2013
No Resolutions
REGULAR TOWN BOARD MEETING DECEMBER 10, 2013
***Resolution#169 – Agenda/Claims/Minutes
BE IT RESOLVED that the Town Board of the Town of Ulysses modify the agenda for
December 10, 2013 by removing the personnel issues under New Business and under Old
Business remove SEQR determination and consideration of adoption of Local Law #3 of
2013.
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous
examined vouchers numbers 483 through 538 in the amount of $192,556.29.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited
minutes of the Working Town Board meeting of November 18, 2013.
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited
minutes of the Special Town Board meeting of November 25, 2013.
***Resolution#170 – Budget Modifications
A1420.4 Attorney
CE
increase $7,151.07
151.07 A1990.4 Contingenc
y
decrease $4,000.0
0 A1910.4 Unallocate
d
Insurance decrease $3,151.07
151.07
A1460.4 Records Mang
anagement
CE increase $1,267.88
A1450.4 Elections CE decrease $1,267.88
A9010.
8
NYS Retirement increase $8,561.00
A827 Retirement Contribution
Reserve
decrease $8,561.00
A9050.
8
Unemployment Benefits increase $3,415.36
A815 Special Reserve - employment decrease $3,415.36
B'\420.4 Attorney CE increase
B1440.4 Engineering/Consulting
CE
decrease $546.60
$546.60
B9010.8 NYS Retirement
B3620.11 Deputy Safety Inspection PS
increase $982.00
decrease $982.00
DA9010.8
NYS Retirement
increase
$4,641.00
A827 Retirement Contribution
Reserve
decrease $4,641.00
DB5110.1
Highway Maintenance PS
increase
$1,752.47
DB5110.4 Highway Maintenance CE decrease $1,752.47
DB9010.8 NYS Retirement increase $2,786.00
DB5110.4 Highway Maintenance CE. decrease $2,786.00
DB9030.8 Social Security increase $1,203.54
DB5110.4 Highway Maintenance CE decrease $1,203.54
SW3 8310.43 Water Administration CE increase $412.78
SW3 915 Assigned Unappropriated Fund Balance decrease $412.78
**Resolution#171 - Engineering Contract Water #3
RESOLVED to authorize the Town of Ulysses Supervisor to sign the contract with Hunt Engineers
for the amount not to exceed $15,300 to provide engineering services for Water District 3 as
described in their proposal dated November 29, 2013.
***Resolution#172 – Park Foundation Grant
RESOLUTION OF THE ULYSSES TOWN BOARD TO ACT AS PROJECT
SPONSOR FOR PARK FOUNDATION APPLICATION FOR MULTI-MUNICIPAL
HOME ENERGY RATING AND DISCLOSURE PROJECT
WHEREAS, a consortium of Tompkins County municipalities and local agencies have
developed four Smart Energy Policies, one of which includes a project for Home Ener gy Rating
and Disclosure at the time of sale for existing homes; and
WHEREAS, municipal staff resources are limited, so outside funding is needed to support a
study to research existing rating systems, to meet with local municipal staff for input, to draft a
Home Energy Rating and Disclosure Ordinance, and to create a strategy for implementation; and
WHEREAS, the proposed project appears to meet the Park Foundation’s Sustainable Ithaca
Program Interest and Energy and Climate Change subprogram; and
WHEREAS, the proposed project budget is approximately $112,000, which includes
approximately $51,700 requested from the Park Foundation, $6,500 of which will cover Town of
Ulysses project management and attorney costs, and approximately $60,480 in in-kind
contributions of staff time from the Towns of Caroline, Danby, Ithaca, and Ulysses, the City of
Ithaca, Tompkins County, and Cornell Cooperative Extension of Tompkins County;
NOW, THEREFORE, BE IT
RESOLVED that the Town of Ulysses agrees to act as the project sponsor for the Park
Foundation application for the Home Energy Rating and Disclosure project; and be it further
RESOLVED that if the application is successful, the Town Board authorizes the Town
Supervisor to sign the grant funding contract, subject to review by the Attorney for the Town.
***Resolution#173 – Appointment EMC Representative
RESOLVED that the Town of Ulysses thanks Lucia Tyler for her long service as
representative to the To mpkins County Environmental Management Council and
RESOLVED that the Town of Ulysses appoints incoming Town Board member, John
Hertzler, to be the Town of Ulysses representative to the Tompkins County
Environmental Management Council .
***Resolution#174 – Set Date for 2014 Organizational Meeting
RESOLVED that the Town Board of the Town of Ulysses sets the date for the 2014
Organizational Meeting for Monday, January 6, 2014 at 7:00 p.m.
WORKING TOWN BOARD MEETING DECEMBER 17, 2013
***Resolution#175 – Agenda
BE IT RESOLVED that the Town Board of the Town of Ulysses add the following to
tonight’s agenda.
Ad Resolution to appoint alternate Records Access Officer
Ms. Thomas has an announcement
***Resolution#176 – SEQR Determination Local Law #3
RESOLUTION OF THE ULYSSES TOWN BOARD MAKING SEQR
DETERMINATION FOR LOCAL LAW NO. 3 OF 2013 THE TOWN OF ULYSSES ZONING
LAW REVISION
WHEREAS, this action is the adoption of a Local Law to amend the Town of Ulysses
Zoning Law; and
WHEREAS, this as a Type I action for which the Town of Ulysses Town Board is Lead
Agency in an environmental review with respect to the enactment of the proposed local
law; and
WHEREAS, the Town Board, at a public meeting held on December 17, 2013, has
reviewed and accepted as adequate the Full Environmental Assessment Form (FEAF),
Parts 1, 2 and 3 for this action;
NOW, THEREFORE, IT IS HEREBY
RESOLVED that the Town of Ulysses Town Board hereby makes a negative
determination of environmental significance in accordance with New York State
Environmental Quality Review Act for the above referenced action as proposed, based on
the information in the FEAF Part 1 and for the reasons set forth in the FEAF Parts 2 and
3, and, therefore, an Environme ntal Impact Statement will not be required.
***Resolution#177 – Adoption of Local Law #3 – Zoning Amendment Law
RESOLUTION OF THE ULYSSES TOWN BOARD APPROVING LOCAL LAW NO. 3 OF 2013
THE TOWN OF ULYSSES ZONING LAW REVISION
WHEREAS, the Ulysses Town Board (“the Town Board”) adopted a Comprehensive Plan for
the Town on September 28, 2009; and
WHEREAS, the Town Board adopted Local Law No. 4 of 2007 on November 28, 2007, which
amended the Zoning Law of the Town of Ulysses previously adopted on August 30, 2005; and
WHEREAS, pursuant to page 1 of Article I of the Ulysses Zoning Law of 2007, the purpose of the
Zoning Law of the Town of Ulysses is, in part, to promote the health, safety, and general welfare
of the community, to lessen congestion in the streets, to secure safety from fire, panic and other
dangers, to provide adequate light and air, to prevent overuse of land, to avoid undue
concentration of population, to facilitate the adequate provision of transportation, water,
sewerage, parks and to restrict and regulate the size of buildings and other structures, the
percentage of lots that may be occupied, the size of yards, the density of population, and the
use of buildings, structures and land for trade, industry, residence or other purposes in
order to preserve, foster and enhance the native beauty and rural character of one of the
most picturesque and charming communities in the Finger Lakes region of New York State;
and
WHEREAS, the Town of Ulysses Zoning Law provides that “the regulations, restrictions and
boundaries set forth in this Zoning Law may be amended, supplemented, changed or
repealed by the Town Board pursuant to local law.” (Town of Ulysses Zoning Law, Article
II/Section 2.11); and
WHEREAS, the Town Board has determined that further amendment of the Zoning Law is
necessary to implement the objectives in the Comprehensive Plan and better achieve the
purposes of the Zoning Law; and
WHEREAS, the amendments to the Zoning Law include, but are not limited to, the
following:
Creation of a Lakeshore District;
Creation of a Conservation District;
Creation of a Marina District where the Ithaca Yacht Club currently operates;
Revision of the provisions pertaining to Nonconformance;
Revisions to Article III (Administration);
Addition of several definitions in Article IV; and
Correction of inconsistencies throughout the Zoning Law;
WHEREAS, the amendments to the Zoning Law are in accordance with the provisions of
the Comprehensive Plan, including the following objectives in the Comprehensive Plan:
“Investigate and implement various mechanisms to protect and preserve
environmentally sensitive areas such as steep slopes, wetlands, Unique
Natural Areas, mature forests and important wildlife habitats in all Land Use
areas.” (p. 19);
“Enact zoning regulations to protect the Cayuga Lake waterfront and ensure
development that is consistent with the lakefront’s existing character and
compatible with the natural environmental features.” (p. 19);
“Officially recognize and act to preserve the Unique Natural Areas defined in the
Tompkins County Environmental Management Council’s Unique Natural Areas
Inventory.” (p. 20);
“Review and revise existing Town regulations to more adequately protect streams
in the Town through buffer zones, setbacks, or other protection mechanisms such
as a stream protection overlay zone.” (p. 20);
“Use the Future Land Use Plan to guide officials’ decision-making as it relates to
future development.” (p. 22); and
“Update the Town’s Zoning Law to ensure consistency with the Future Land Use
Plan,” (p. 22), which includes a Lakeshore Area between Cayuga Lake and State
Route 89 (p. 44) and a Conservation Area that “includes the steeply sloping lands
west of Route 89” (p. 47); and
WHEREAS, in 2008, the Town Board appointed the Planning Board to draft the
Conservation
District language, which the Planning Board presented to the Town Board
in September 2010; and
WHEREAS, in 2009, the Town Board for med a committee to draft the Lakeshore District
language, which was presented to the Town Board in September 2011; and
WHEREAS, in 2011, Town Board requested that the Planning Board review comments
and make revisions on the Conservation and Lakeshor e drafts, which proposed revisions
were presented at a public information meeting in October 2012; and
WHEREAS, a public information meeting and public hearing on the Conservation and
Lakeshore Districts language were held on October 24, 2012, whereafter the Town Board
formed an ad hoc committee to review public comments that were submitted to the Town
Board and create a revised draft of the Lakeshore District language, whereupon the
committee worked on the draft from January to June 2013 and presented their
recommendations to the Town Board on June 25, 2013; and
WHEREAS, the Town Board reviewed the proposed Conservation District, Lakeshore
District and Marina District language commencing in July 2013, the Nonconformance
provisions commencing in August 2013, and the other revisions to the Zoning Law
commencing in November 2013; and
WHEREAS, a public information session on the proposed Local Law amending the
Town of Ulysses Zoning Law was held on November 18, 2013; and
WHEREAS, public hearings on the proposed amendment of Nonconformance Article of
the Zoning Law were held on September 25 and October 22, 2013, notice of such
hearings were published in the Ithaca Journal, the official newspaper of the Town and a
newspaper of general circulation, on September 13 and October 11, 2013 respectively,
more than 10 days before the date of each public hearing, and all parties in attendance
were permitted an opportunity to speak on behalf of or in opposition to said propo sed
amendments, or any part thereof; and
WHEREAS, a public hearing on the proposed local law amending the Zoning Law was
held on December 2, 2013, notice of such hearing was published in the Ithaca Journal, the
official newspaper of the Town and a newspaper of general circulation on November 21,
2013, more than 10 days before the public hearing, 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 thereo f; and
WHEREAS, pursuant to General Municipal Law §239(l) and (m), on November 18,
2013, the Town submitted to the Tompkins County Planning Department a full statement
of the proposed amendments to the Town Zoning Law; the Tompkins County Planning
Department sent a response on December 10, 2013 and recommended one modification:
That communications transmission towers and telecommunications facilities be
eliminated from the Marina District as a permitted use, because the district falls within
several distinctive viewsheds noted in the 2007 Tompkins County Scenic Resources
Inventory; and
WHEREAS, the Town Board considered this recommendation and concluded that the
requirements for Communications Transmission Towers and Telecommunications
Facilities set forth in Article XXII of the Zoning Law as amended sufficiently addresses
aesthetic and environmental considerations; and
WHEREAS, in light of the Tompkins County Planning Department’s recommendation
for amendment of the above-referenced provision, adoption of the amended Zoning Law
requires the vote of a majority of the Town Board members plus one (i.e., four votes);
and
WHEREAS, the Town Board considered the other comments of the Tompkins County
Planning Department; and
WHEREAS, three protest petitions objecting to this local law—one for the lakeshore
district, one for the marina district and one for the conservation district —were received
by the Town Board at 6:45 and 7:15 p.m. on this night of December 17, 2013, and the
Town Board has not had the opportunity to verify whether the petition was signed by the
owners of 20 percent or more of the land included in each proposed districts, and if so,
the approval of at least three-fourths of the members of the Town Board would be needed
for passage of this Local Law on this basis; additionally, the vote of four members is
required in light of the above-referenced recommendation of the Tompk ins County
Planning Department; and
WHEREAS, pursuant to the New York State Environmental Quality Review Act and its
implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type I
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 December 17,
2013, made a negative determination of environmental significance, after having
reviewed and accepted as adequate the Full Environmental Assessment Form Parts 1, 2
and 3 prepared by Town Staff;
NOW, THEREFORE, IT IS HEREBY
RESOLVED that the Town Board of the Town of Ulysses hereby adopts Local Law No.
3 of 2013, and authorizes and directs the Town Clerk to file said local law with the New
York State Secretary of State as required by law.
***Resolution#178 - Fire Protection Services
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ULYSSES TO APPROVE AN A GREEMENT
BETWEEN THE TOWN AND THE VILLAGE OF TRUMANSBURG FOR FIRE PROTECTION SERVICES IN THE
FIRE PROTECTION DISTRICT OF THE TOWNS OF ULYSSES, HECTOR AND COVERT
WHEREAS, a fire protection district known as “the Fire Protection District of the Towns
of Ulysses, Hector and Covert” (hereafter referred to as “the Fire Protection District”) has
been duly established in the said towns; and
WHEREAS, the Fire Protection District encompasses the following territory in the Town
of Ulysses: All of the Town of Ulysses, excepting the area within the limits of the
incorporated Village of Trumansburg; and
WHEREAS, the Village of Trumansburg (hereafter referred to as “the Village”)
maintains a volunteer fire department, with adequate and suitable apparatus, equ ipment
and training for the furnishing of fire protection services within the Fire Protection
District; and
WHEREAS, Town Law §184 permits a town to contract with a village which maintains
adequate and suitable apparatus and appliances for the furnis hing of fire protection
services in such fire protection district; and
WHEREAS, the Town wishes to contract with the Village to provide fire protection
services in the Fire Protection District; and
WHEREAS, a public hearing as required by §184 of the Town Law was duly advertised,
and was held on December 17, 2013 at 6:45 p.m. at the Town of Ulysses Town Hall,
NOW, THEREFORE, BE IT RESOLVED THAT:
The Town Board of the Town of Ulysses hereby appr oves and authorizes execution of the
attached Agreement between the Village and the Town, whereby the Village will provide
the Town with fire protection capable of responding to fire related and health related
emergencies on an ongoing basis within the Fire Protection District, for the period from
January 1, 2014 until December 31, 2014. And be it further
RESOLVED THAT, pursuant to the Agreement, the Town shall pay the Village the sum
of $158,112 for such services, on or before March 1, 2014. And be it further
RESOLVED THAT, the Supervisor of the Town of Ulysses is hereby authorized to
execute the Agreement on behalf of the Town of Ulysses.
***Resolution#179 – Ambulance Service 2014
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ULYSSES TO APPROVE A CONTRACT
BETWEEN THE TOWN OF ULYSSES AMBULANCE DISTRICT AND THE VILLAGE OF TRUMANSBURG FOR
AMBULANCE SERVICES
WHEREAS, the Town Board established the Town of Ulysses Ambulance District by
resolution adopted on March 12, 2013; and
WHEREAS, pursuant to Town Law §198(10-f) (a) (ii) and (iii), the Town Board is
authorized to contract with a municipal corporation on behalf of an ambulance district for
provision of ambulance services; and
WHEREAS, the Village of Trumansburg (hereafter referred to as “The Village”), a
municipal corporation, maintains an ambulance department with a basic and advanced
life support transporting ambulance service; and
WHEREAS, the Town wishes to provide ambulance services to its residents in the Town
of Ulysses Ambulance District; and
WHEREAS, such emergency services are vital and necessary to the health and welfare of
the inhabitants of the Town; and
WHEREAS, in joint cooperation as contemplated by General Municipal Law 122-b, the
Town and the Village wish to cooperate to provide an ambulance service to persons
situated in the Town of Ulysses Ambulance District;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Town Board of the Town of Ulysses, on behalf of the Town of Ulysses
Ambulance District, hereby approves and authorizes execution of the attached Agreement
between the Village and the Town, whereby the Village will provide the Town with basic
and advanced life support emergency medical ambula nce services, which complies with
the regulations of the New York State Department of Health, Bureau of Emergency
Medical Services to serve the emergency medical needs of those persons within the
boundaries of the Town of Ulysses Ambulance District. Services to be provided include
Basic Life Support transport and treatment and arranging for or providing Advanced Life
Support Treatment. And be it further
RESOLVED THAT, pursuant to the Agreement, the Town shall pay the Village the sum
of $272,684 for such services, on or before March 1, 2014. And be it further
RESOLVED THAT, pursuant to Town Law §198(11), the Agreement shall be executed
by the signatures of a majority of the members of the Town Board.
***Resolution180 – Appointment of Alternate Records Access Officer
Whereas the Town of Ulysses has recently had several FOIL requests and we wish to
respond to new requests in a timely fashion, and
Whereas our current records access officer, Mary Bouchard will be out of town in early
January of 2014,
Be it resolved that Carissa Parlato, (who is clerk-elect) be appointed as an additional
records access officer as of January 1, 2014. Her contact information will be as follows
after January 1, 2014: