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HomeMy WebLinkAbout2021 Index of Resolutions1 INDEX OF 2021 RESOLUTIONS Contents INDEX OF 2021 RESOLUTIONS ........................................................................................................................................................... 1 January 6th, 2021: Organizational Town Board Meeting ............................................................................................................... 7 *Resolution 2021-1: Approval Of Agenda ..................................................................................................................................... 7 *Resolution 2021-2: Approval Of Claims ...................................................................................................................................... 7 *Resolution 2021-3: Dates Of Meetings ....................................................................................................................................... 8 *Resolution 2021-4: Media ........................................................................................................................................................... 8 *Resolution 2021-5: Minutes ........................................................................................................................................................ 8 *Resolution 2021-6: Mileage ........................................................................................................................................................ 8 *Resolution 2021-7: Petty Cash .................................................................................................................................................... 8 *Resolution 2021-8: Crime Coverage............................................................................................................................................ 9 *Resolution 2021-9: Financial Report ........................................................................................................................................... 9 *Resolution 2021-10: Financial Reconciliations ............................................................................................................................ 9 *Resolution 2021-11: Financial Institutions ................................................................................................................................ 10 *Resolution 2021-12: Financial Audit ......................................................................................................................................... 10 *Resolution 2021-13: Town Internal Emergency Preparedness Meeting .................................................................................. 10 *Resolution 2021-14: Collection Of Building Fees ...................................................................................................................... 10 *Resolution 2021-15 Countersigning Of Checks ......................................................................................................................... 10 *Resolution 2021-16: Establishment Of Pay Periods And Salaries ............................................................................................. 10 *Resolution 2021-17: 2021 Pay Rates ......................................................................................................................................... 11 *Resolution 2021-18: Time Records ........................................................................................................................................... 12 *Resolution 2021-19: Insurance ................................................................................................................................................. 13 *Resolution 2021-20: Cell Phone Reimbursement For Code/Zoning Enforcement And Highway Departments ...................... 14 *Resolution 2021-21: Town Board Member Liaisons ................................................................................................................. 15 *Resolution 2021-22: Town Board Annual Appointments ......................................................................................................... 16 *Resolution 2021-23: Highway- Shared Service Agreements ..................................................................................................... 17 *Resolution 2021-24: Authorizing Spending Of Highway Funds ................................................................................................ 17 *Resolution 2021-25: Town Highway Department Hours Of Operation ................................................................................... 18 *Resolution 2021-26: Planning Board And Board Of Zoning Appeals Appointments ................................................................ 18 *Resolution 2021-27: Policies ..................................................................................................................................................... 19 *Resolution 2021-28 : Adoption Of Records Retention Schedule .............................................................................................. 21 *Resolution 2021-29: Records Management Officer .................................................................................................................. 21 *Resolution 2021-30: Gifts From Town To Other Parties ........................................................................................................... 22 2 *Resolution 2021-31: 2021 Fees And Penalties .......................................................................................................................... 22 *Resolution 2021-32: Mandatory Justice Schooling ................................................................................................................... 27 *Resolution 2021-33: Vehicle Benefit: ........................................................................................................................................ 27 *Resolution 2021-34: Committees Appointed By The Town Board ........................................................................................... 27 *Resolution 2021-35: Policy For Applying And Receiving Grants And Engaging In Contracts (Originally Adopted 6/26/2006 As The “Gatekeeper” Resolution), (Amended 1/14/2020) ............................................................................................................... 28 *Resolution 2021-38: Contracts .................................................................................................................................................. 29 *Resolution 2021-39: Distribution Of Organizational Minutes .................................................................................................. 32 *Other Annual Appointments, Not Subject To Town Board Approval: ...................................................................................... 32 *Resolution 2021-40: Designating Mr. Boggs As Delegate To AOT Meeting .............................................................................. 32 January 12th, 2021: Regular Town Board Meeting ...................................................................................................................... 32 *Resolution 2021-40: Approval Of Meeting Agenda ................................................................................................................... 32 *Resolution 2021-41: Designation Of Alternate Representative For Association Of Towns Annual Conference ...................... 33 *Resolution 2021-42: Supporting Tompkins County Vaccination Program ................................................................................ 33 *Resolution 2021-43: Approval Of Minutes................................................................................................................................ 34 *Resolution 2021-44: Payment Of Claims For 2020 Expenses (Abstract 13) .............................................................................. 34 *Resolution 2021-45: Payment Of Claims For 2021 Expenses (Abstract 1) ................................................................................ 34 January 26th, 2021: Regular Town Board Meeting ...................................................................................................................... 34 *Resolution 2021-46: Approval Of Meeting Agenda ................................................................................................................... 34 *Resolution 2021-47: Local Law #1 Of 2021- Adoption Of Draft Tree Law Creating A Tree Advisory Committee And Scheduling Of A Public Hearing ..................................................................................................................................................................... 35 *Resolution 2021-48: Authorizing Contract For Accounting Services To Prepare The 2020 Annual Update Document (AUD) To The New York State Office Of The State Comptroller ................................................................................................................. 36 *Resolution 2021-49: Acknowledgement Of Town Board Audit Of Justice Courts .................................................................... 36 *Resolution 2021-50: Acknowledgement Of Town Board Audits Of Town Clerk, Tax Collector And Supervisor’s Office ......... 37 *Resolution 2021-51: Authorization Of Paid Leave For Employees To Receive Coronavirus Vaccines ..................................... 37 *Resolution 2021-52: Authorization To Contract With Tompkins County Planning For Update Of 2009 Comprehensive Plan Data - Tabled ............................................................................................................................................................................... 37 *Resolution 2021-53: Approval Of Minutes................................................................................................................................ 38 February 9th, 2021: Regular Town Board Meeting ...................................................................................................................... 38 *Resolution 2021-54: Approval Of Meeting Agenda ................................................................................................................... 38 *Resolution 2021-55: SEQRA Negative Declaration Of Significance For The Adoption Of Local Law # 1 Of 2021: A Local Law Providing For The Creation Of A Tree Advisory Council .............................................................................................................. 39 *Resolution 2021-56: Adopting Local Law No. 1 Of 2021 Entitled “A Local Law Providing For A Tree Advisory Council” ........ 39 *Resolution 2021-57: Authorization To Contract With Tompkins County Planning To Update Data On The Physical, Social And Economic Conditions In The Town Of Ulysses ............................................................................................................................ 41 *Resolution 2021-58: Authorization To Contract With Tompkins County Planning To Update Data On The Physical, Social And Economic Conditions In The Town Of Ulysses ............................................................................................................................ 43 *Resolution 2021-59: Authorization To Join The Trumansburg Chamber Of Commerce ......................................................... 43 3 *Resolution 2021-60: Approval Of Minutes................................................................................................................................ 44 *Resolution 2021-61: Approval Of Claims .................................................................................................................................. 44 *Resolution 2021-62: Pay Fire/Ems In Two Payments ................................................................................................................ 44 February 11th, 2021: Special Town Board Meeting ..................................................................................................................... 45 *Resolution 2021-63: Budget Modifications ............................................................................................................................... 45 February 23rd, 2021: Regular Town Board Meeting .................................................................................................................... 49 *Resolution 2021-64: Approval Of Meeting Agenda ................................................................................................................... 49 *Resolution 2021-65:Acknowledging Receipt Of Electric Vehicle (EV) Charging Report And Adoption Of Fee-Charging Pilot . 49 *Resolution 2021-66: Authorization To Pursue Bridge Ny Funding To Replace Curry Road Bridge And To Repair The Maplewood Road Hairpin Curve ................................................................................................................................................. 50 *Resolution 2021-67: Authorizing A Temporary Increase In The Hours Of Deputy Supervisor ................................................. 50 *Resolution 2021-68: Appointment Of Representative To Tompkins County Broadband Advisory Committee ....................... 51 *Resolution 2021-69: Approval Of Minutes................................................................................................................................ 51 March 9th, 2021: Regular Town Board Meeting .......................................................................................................................... 51 *Resolution 2021-70: Approval Of Meeting Agenda ................................................................................................................... 51 *Resolution 2021-71: Authorization To Pursue Bridge Ny Funding To Replace Durling Road Bridge ........................................ 52 *Resolution 2021-72: Approving Execution And Delivery Of A Certain Encroachment Agreement With Hoffarcor, Inc. ......... 52 *Resolution 2021-73: Approval Of Public Employee Emergency Plan For Communicable Diseases ......................................... 53 *Resolution 2021-74: Approval Of Minutes................................................................................................................................ 53 *Resolution 2021-75: Approval Of Claims .................................................................................................................................. 53 March 23rd, 2021: Regular Town Board Meeting ........................................................................................................................ 54 *Resolution 2021-76: Approval Of Additional Item For Agenda ................................................................................................. 54 *Resolution 2021-77: APPROVAL OF Agenda .............................................................................................................................. 54 *Resolution 2021-78, A & B: ....................................................................................................................................................... 54 A. Acknowledging The Upcoming Bid Process For Cemetery Road Bridge (BIN 3210360) Replacement Project And Commitment To Match Bid Opening Date As Advertised ........................................................................................................... 54 B. Acknowledging Supervisor’s Part-Time, Temporary Appointment Of Debby Kelley As Bookkeeper ................................. 55 *Resolution 2021-79 Acknowledging The Professional Engineer Consultant Selected To Assist With The 2021 Bridge NY Applications ................................................................................................................................................................................. 55 *Resolution 2021-80: Supporting Park Foundation Grant To Research Community Choice Aggregation ................................. 56 *Resolution 2021-81: Approval Of Minutes................................................................................................................................ 56 March 30th, 2021: Special Town Board Meeting ......................................................................................................................... 57 *Resolution 2021-82: Moving Sunbeam Candles Project To Creation Of A Development District ............................................ 57 April 13th, 2021: Regular Town Board Meeting ........................................................................................................................... 57 *Resolution 2021-83: Approval Of Meeting Agenda ................................................................................................................... 57 *Resolution 2021-84: Approval Of Budget Modifications .......................................................................................................... 57 *Resolution 2021-85: Approval Of Claims .................................................................................................................................. 58 4 *Resolution 2021-86 A-C: Approval Of April 13 2021 Consent Agenda Items............................................................................ 58 A: Naming of Responsible Local Official (RLO) and Equitable Business Opportunity (EBO) Log-in Holder for Purposes of Representing the Town of Ulysses to New York State Department of Transportation for the Cemetery Road Bridge Replacement Project ................................................................................................................................................................... 59 B: Contribution to the Class of 2021 Graduation Banners ......................................................................................................... 59 C: Extending Bicentennial Congratulations to the Town Boards of Enfield and Ithaca ............................................................. 59 *Resolution 2021-87: Setting A Public Bid Opening Date And Designation Of Individuals Authorized To Open Bids For The Cemetery Road Replacement Project ......................................................................................................................................... 59 *Resolution 2021-88: Authorizing Pursuit Of 2021 Clean Energy Community Initiatives .......................................................... 60 *Resolution 2021-89: Proclaiming April 19-26,2021 Arbor Week And Recognizing Earth Day In Ulysses ................................ 61 *Resolution 2021-90a: Approval Of Minutes .............................................................................................................................. 61 APRIL 27th, 2021: Regular Town Board Meeting ......................................................................................................................... 61 *Resolution 2021-90b: Approval Of Agenda ............................................................................................................................... 61 *Resolution 2021-91: Appointment Of Tree Advisory Council Members .................................................................................. 62 *Resolution 2021-92: Support For Ulysses Bridge-NY Applications .......................................................................................... 62 *Resolution 2021-93: Authorization To Provide Maintenance Safety Measures At WD#3 Water Tank - TABLED .................... 63 *Resolution 2021-94: Approval Of Minutes................................................................................................................................ 63 May 11th, 2021: Regular Town Board Meeting ........................................................................................................................... 64 *Resolution 2021-95: Approval Of Meeting Agenda ................................................................................................................... 64 *Resolution 2021-96: Approval Of Budget Modifications .......................................................................................................... 64 *Resolution 2021-97: Approval Of Claims .................................................................................................................................. 65 *Resolution 2021-98: Approval Of Minutes................................................................................................................................ 65 May 25th, 2021: Regular Town Board Meeting ........................................................................................................................... 65 *Resolution 2021-99: Approval Of Agenda ................................................................................................................................. 65 *Resolution 2021-100: Contingent Acceptance Of Bid For The Replacement Of Cemetery Road Bridge Over Trumansburg Creek (BIN 3210360) ................................................................................................................................................................... 66 *Resolution # 2021-101: Approval Of Amendment #2 For Aerator/Mixer WIIA Grant Project #18217 ................................... 66 *Resolution # 2021-102: Authorization Of Revised Highway Agreement #284 For 2021 ......................................................... 67 Resolution # 2021-103: Authorizing The Highway Superintendent To Purchase 2022 Ford F-550 ........................................... 67 Resolution # 2021-104: Authorizing Use Of Funds To Purchase A Replacement Fire Hydrant .................................................. 68 *Resolution # 2021-105: Appointment Of Project Assistant ...................................................................................................... 68 *Resolution 2021-106 Budget Modification To Reflect Revised Highway Agreement 284 & Project Assistant ........................ 68 *Resolution 2021-107: Approval Of Minutes.............................................................................................................................. 69 June 8th, 2021: Regular Town Board Meeting ............................................................................................................................. 69 *Resolution 2021-108: Approval Of Meeting Agenda ................................................................................................................. 69 *Resolution 2021-109: Assuring Safe Maintenance Of The Aerator Components In Water District #3 Tank............................ 70 *Resolution 2021-110: Authorization To Accept Grant From Pomeroy Foundation For Historic Marker ................................. 70 *Resolution 2021-111: Authorization To Implement Planner Transition Plan .......................................................................... 71 5 *Resolution 2021-112: Ratification Of Updated Town Hall COVID-19 Safety Protocols ............................................................ 71 *Resolution # 2021-113: Payment Of Claims .............................................................................................................................. 72 *Resolution 2021-114: Approval Of Minutes.............................................................................................................................. 72 June 15th, 2021: Special Town Board Meeting ............................................................................................................................ 72 *Resoution 2021-115: Authorization For Highway Superintendent To Post No Parking Signs For July 2021 ............................ 72 June 22nd, 2021: Regular Town Board Meeting .......................................................................................................................... 73 *Resolution 2021-116: Approval Of Meeting Agenda ................................................................................................................. 73 *Resolution 2021-117: Urging The NYS Department Of Environmental Conservation To Consider Feedback On TMDL Standards For Phosphorus In Cayuga Lake ................................................................................................................................. 73 CONSENT AGENDA for RESOLUTIONS # 118-119:....................................................................................................................... 74 *Resolution 2021-118: Acknowledgement Of Notification Of Procurement For Transportation Services For The Ulysses Recreation Summer Camp .......................................................................................................................................................... 74 *Resolution 2021-119: Approval Of PNJ Express Claim For Recreation Program ...................................................................... 74 *Resolution 2021-120: Requesting A Traffic Study To Reduce The Speed Limit On Curry Road ................................................ 75 *Resolution 2021-121: Authorization For Highway Superintendent To Post No Parking Signs For July 2021 ........................... 75 *Resolution 2021-122: Acknowledgement Of Notification Of Procurement For Interim GASB 75 Valuation And Report For The Fiscal Year Ending December 31, 2021 ....................................................................................................................................... 76 *Resolution 2021-123: Authorization To Temporarily Increase Code Enforcement Resources For July 2021 .......................... 76 *Resolution 2021-124: Authorization To Accept Grants From Pomeroy Foundation For Two Historic Markers ..................... 77 *Resolution 2021-125: Approval Of Minutes Of Ulysses Town Board Minutes ......................................................................... 77 June 25th, 2021: Special Town Board Meeting ............................................................................................................................ 77 *Resolution 2021-126: Creation Of A Temporary Planner Position ........................................................................................... 77 July 13th, 2021: Regular Town Board Meeting ............................................................................................................................ 78 *Resolution 2021-127: Approval Of Meeting Agenda ................................................................................................................ 78 *Resolution 2021-128: Adoption Of 2021 Diversity, Equity And Inclusion Policy ...................................................................... 78 *Consent Agenda For Resolutions # 129-132: ............................................................................................................................ 79 *Resolution 2021-129: Notification To Town Board, Request For Proposals For Insurance Broker .......................................... 79 *Resolution 2021-130: Notification To Town Board, Short Term Borrow From SW3 Fund Balance For HA Fund Water District 3 TTHM Remediation Aerator Project Cash Flow ....................................................................................................................... 80 *Resolution 2021-131: Notification To Town Board, Short Term Borrow From SM And SF Funds To The HB Fund Cemetery Road Bridge (BIN 3210360) Replacement Project For Cash Flow Construction Phase Financing .............................................. 80 *Resolution 2021-132: Endorsement Of Trumansburg Conservatory For Fine Arts Grant Application For Historic Restoration And Accessibility .......................................................................................................................................................................... 80 *Resolution: 2021-133: Approval Of June 22 And June 25, 2021 Minutes ................................................................................ 81 *Resolution 2021-134: Authorization To Contract With Barton And Loguidice For Construction Inspection Services For The Cemetery Road Bridge (Bin 3210360) Replacement Project ...................................................................................................... 81 *Resolution 2021-135: Approval Of Jacksonville Community Association’s Plan To Expend 2021 Allocated Funds ................. 82 *Resolution 2021-136: Authorization To Consider Requests From Two Households Seeking To Become An Out Of District Users Of Water District #3 .......................................................................................................................................................... 82 6 *Resolution # 2021-137: Authorization To Pay Claims ............................................................................................................... 82 July 27th, 2021: Regular Town Board Meeting ............................................................................................................................ 83 *Resolution 2021-138: Approval Of Meeting Agenda ................................................................................................................ 83 *Resolution 2021-139: Appointment Of Diversity Advocate For 2021....................................................................................... 83 *Resolution 2021-140: Approval Of Budget Modifications ........................................................................................................ 83 *Resolution 2021-141: Support For PRI'S NYS Grant Application For Cayuga Nature Center Improvements ........................... 86 *Resolution 2021-142: Approval Of Minutes.............................................................................................................................. 86 August 10th, 2021: Regular Town Board Meeting ....................................................................................................................... 86 *Resolution 2021-143: Approval Of Meeting Agenda ................................................................................................................ 86 *Consent Agenda Resolutions 2021-144-147: ............................................................................................................................ 86 *Resolution 2021-144: Board Authorization For Contract Extension With Gerwitz & Mcneil For Water District 3 TTHM Remediation Aerator Project ...................................................................................................................................................... 87 *Resolution 2021-145: Requesting A Traffic Study To Reduce The Speed Limit On Falls Road ................................................. 87 *Resolution 2021-146: Authorization To Request And Receive Grant Funding For Recreation Equipment Storage................ 88 *Resolution 2021-147: Approval Of July 27, 2021 Minutes ........................................................................................................ 88 *Resolution 2021-148: Board Authorization For Insurance Brokerage Services ........................................................................ 88 *Resolution 2021-149: Updating Town Board Meeting Rules And Procedures Relating To Remote Participation ................... 89 *Resolution 2021----: COVID Protocols For Public Meetings In Ulysses -Tabled ........................................................................ 90 *Resolution 2021-150: Urging New York State Legislature To Amend Public Officers Law §103(C) 3 ....................................... 90 *Resolution 2021-151: Approval Of Budget Modifications ........................................................................................................ 91 *Resolution 2021-152: Authorization To Pay Claims .................................................................................................................. 92 August 13th, 2021: Special Town Board Meeting ........................................................................................................................ 92 *Resolution 2021-153: Remote Participation In Town Meetings ............................................................................................... 92 August 24th, 2021: Regular Town Board Meeting ....................................................................................................................... 92 *Resolution 2021-154: Approval Of Meeting Agenda ................................................................................................................. 92 *Resolution 2021-155: Authorizing The Scheduling Of A Public Hearing Concerning A Petition For Annexation Filed By Finger Lakes Grassroots Festival Organization, Inc. ............................................................................................................................... 92 *Resolution 2021-156: Engaging Harris Beach Attorneys At Law For Legal Services Related To A Petition For Annexation ... 93 *Resolution 2021-157: Authorization To Identify Environmental Consultants To Implement The Activities Required Of A Lead Agency For A Type I SEQRA Environmental Review .................................................................................................................... 93 *Resolution 2021-158: Authorization To Pursue Water Studies For Town Residents ............................................................... 94 *Resolution 2021-159: Town Board Authorization For Online Bank Transfers Between Town Accounts ................................ 95 *Resolution 2021-160: Town Board Procurement Notification Acknowledgement Of Chlorine Pump Included In Water District 3 TTHM Remediation Aerator Project ............................................................................................................................ 95 *Resolution 2021-161: Urging Limited Suspension By Executive Order Of The New York Open Meetings Law ....................... 95 *Resolution 2021-162: Approval Of August 10, 2021 Minutes .................................................................................................. 96 September 14th, 2021: Regular Town Board Meeting ................................................................................................................ 96 *Resolution 2021-163: Approval Of Meeting Agenda ................................................................................................................. 96 7 CONSENT AGENDA: ..................................................................................................................................................................... 97 *Resolution 2021-164: Approval Of Town Board Meeting Minutes From 8/13/21, 8/24/21, And 8/27/21 ............................. 97 *Resolution 2021-165: Acknowledgement Of No-Cost Grant Application Submitted By Historian Wertis To Celebrate The Placing Of Historic Markers ......................................................................................................................................................... 97 *Resolution 2021-166: Support For Tompkins County Covid Testing For Municipal Employees ............................................... 97 *Resolution 2021-167: Approving Execution Of Out-Of-District Water User Agreement For Water District 3 ........................ 97 *Resolution 2021-168: Scheduling A Public Hearing On Local Law #____ Of 2021 To Override The Tax Levy Limit Established In General Municipal Law §3-C ................................................................................................................................................... 98 *Resolution 2021-169: Placement Of No Parking Signs On Falls Road Near Smith Woods ....................................................... 99 *Resolution 2021-170: Authorization To Contract For Temporary Planning And Zoning Services ........................................... 99 *Resolution 2021-171: Payment Of Claims ................................................................................................................................ 99 September 28th, 2021: Regular Town Board Meeting .............................................................................................................. 100 *Resolution 2021-172: Approval Of Meeting Agenda ............................................................................................................... 100 *Resolution 2021-173: Environmental Management Committee ............................................................................................ 100 *Resolution 2021-174: Adoption Of Local Law # 2 Of 2021 To Override The Tax Levy Limit Established In General Municipal Law §3-C - TABLED .................................................................................................................................................................... 100 *Resolution 2021-175: Authorization To Execute 2022-2024 Animal Control Agreement With The SPCA Of Tompkins County ................................................................................................................................................................................................... 102 *Resolution 2021-176: Approval Of Minutes ........................................................................................................................... 102 *Resolution 2021-177: Approval And Notification Of Clerk's Office Software Purchase ......................................................... 102 January 6th, 2021: Organizational Town Board Meeting *Resolution 2021-1: Approval Of Agenda RESOLVED that the Ulysses Town Board approve the agenda for Jan. 6, 2021 with the addition of approval of a few time- sensitive vouchers. Moved: Ms. Zahler Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-2: Approval Of Claims RESOLVED that the Ulysses Town Board approve payment of claims #1-3 in the amount of $44,234.57. Moved: Ms.Olson Seconded: Ms. Bouchard Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye 8 Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-3: Dates Of 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 p.m. at the Ulysses Town Hall at 10 Elm Street, Trumansburg, NY. A second monthly meeting will be held on the 4th Tuesday of each month at 7 p.m. While NYS Executive Order 202 of 2020 prohibiting public bodies from meeting in person continues, the Ulysses Town Board will meet virtually via Zoom. Details for public access will be posted with meeting materials on the Town’s website. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-4: 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 the Town of Ulysses. *Resolution 2021-5: Minutes BE IT RESOLVED, draft minutes of the Town Board meetings will be produced by the Town Clerk within 14 days of the date of the meeting and sent to Town Board members for approval, and further RESOLVED in accordance with the Open Meetings Law, draft meeting minutes, clearly labeled with the date and “DRAFT, not yet approved” will be available to the public through the Town Clerk’s Office but not posted on the website until approved by the Town Board, and further RESOLVED that the printed minutes books are hereby designated as the official minutes. *Resolution 2021-6: Mileage BE IT RESOLVED mileage at a rate of $0.56 cents per mile, based on the 2021 IRS standard mileage rate, 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 official town form (available from the Town Clerk). *Resolution 2021-7: Petty Cash BE IT RESOLVED that the petty cash amount for the Town Clerk is $300 and the amount for the Court Clerk is $150. Resolutions 3-7 moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye 9 Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-8: Crime Coverage BE IT RESOLVED that the following crime insurance coverage through NYMIR 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: First Deputy Supervisor $650,000 Supervisor $650,000 Tax Collector/Town Clerk $650,000 Deputy Town Clerk $650,000 Bookkeeper $650,000 Court Clerk $650,000 (Includes Faithful Performance). Moved: Ms. Zahler Seconded: Ms. Bouchard Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-9: Financial Report BE IT RESOLVED that an annual financial report must be presented to the Town Clerk within 30 days of the end of the fiscal year as required by Town Law Section 29(10), and further RESOLVED, in lieu of the financial report, the Supervisor is hereby required and authorized to submit an annual update document (AUD) to the state comptroller and Town Clerk within 60 days after the close of the fiscal year, and further, RESOLVED, that the Town Clerk shall cause a summary thereof to be published in accordance with the law (Town Law Section 29(10-a)), and further RESOLVED that if the state comptroller approves a 60-day extension of the AUD, the Supervisor’s time for filing a copy of the AUD with the Town Clerk is also extended. *Resolution 2021-10: Financial Reconciliations 10 BE IT RESOLVED the Town follow the 2013 recommendations of auditor Insero and Company to have the Supervisor or Bookkeeper review the reconciliation of the Town Clerk’s bank statements and the Town Clerk’s office review the reconciliation of the Supervisor’s bank statements in order to safeguard the town’s finances. This shall be done at least quarterly and the results shall be reported quarterly to the Town Board. *Resolution 2021-11: Financial Institutions BE IT RESOLVED that 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 Town’s investment policy. The Town investment policy shall be reviewed and approved by the Town Board periodically and revised as necessary. *Resolution 2021-12: Financial Audit BE IT RESOLVED that the Town Board of Ulysses will perform an audit of the 2020 financial records for the Town Court, Town Supervisor and Town Clerk at 8am on 1/13/21 at the Ulysses Town Hall. The 2021 audit committee will be Richard Goldman and Mary Bouchard on behalf of the Town Board and FURTHER RESOLVED, that the audit committee shall report their recommendations to the full Town Board. Resolutions 9-12 moved: Ms. Zahler Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-13: Town Internal Emergency Preparedness Meeting WHEREAS the Town’s Safety Committee has identified a need for an annual internal emergency preparedness meeting; BE IT RESOLVED that this meeting be held within the first 45 days of each year, and BE IT FURTHER RESOLVED that the Town Board of Ulysses schedules a meeting with all Town elected officials and staff to review emergency procedures on Wed., Feb. 10 at 9am. *Resolution 2021-14: Collection Of Building Fees RESOLVED that when payments cannot be made directly to the Clerk’s office, the Town Board designates the Building/ Code & Zoning Enforcement Officer to collect building and code fees and the Fire Inspector to collect fire inspection fees. All fees collected shall be turned over with documents listing required fees to the Clerk’s office for recording and for issuing receipts. The Clerk’s office shall then transfer the funds to the Bookkeeper’s office for deposit and accounting. *Resolution 2021-15 Countersigning Of Checks RESOLVED that checks dispersed by the Town of Ulysses in the amount of $ 5,000 or more will be signed by both the Town Supervisor and Town Clerk or other designated signatory per Town Law Section 29. For security and due to slow-downs in the United States Postal Service, checks over $20,000 will be sent via certified mail. *Resolution 2021-16: Establishment Of Pay Periods And Salaries 11 BE IT RESOLVED the Town Board hereby establishes the following payroll periods beginning on December 27, 2020 and going through December 25, 2021: Annually: Historian, Planning Board, Board of Zoning Appeals at the first meeting in December 2021. Monthly: Councilpersons Bi-weekly: Town Supervisor, Highway Superintendent, Town Clerk, Justices, Deputy Town Clerk, Deputy Highway Superintendent, Deputy Supervisor, Highway Department Staff, Bookkeeper, Code Enforcement Officer, Zoning Officer, Planning and Zoning Staff, Court Clerk, Recreation Staff, Temporary student and other employees, part-time Clerical, Administrative, and Support staff, Water Department staff and other staff otherwise not mentioned that are later added to this list. Resolutions 14-16 moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-17: 2021 Pay Rates Position 2021 Budgeted Appropriation Hourly rate, if applicable Town Board Supervisor $26,000 - Budget Officer 1220.131 (Supervisor) $10,000 - Budget Officer 1220.132 (2nd Deputy) $21,848 Second Deputy Supervisor $21,848 - Bookkeeper $34,138 - Councilperson $4,870 each - Clerk Town Clerk $56,852 - Deputy Town Clerk $20.81 / hour 2nd Deputy Town Clerk - $16.97 / hour Court Town Justice $18,874 each - Court Clerk $49,490 - 12 Planning, Zoning, Building Enforcement Officer for Building Code and Zoning $36,981 - Planner $63,630 - Deputy Enforcement Officer - $22.50 / hour Highway Superintendent $63,047 - MEO - $23.00 / hour Per Union Contract MOA Deputy Highway Superintendent - $23.25 / hour Per Union Contract Laborer (part-time and/or seasonal) $18.50/hour *Resolution 2021-18: Time Records 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 and eligible elected officials wishing to participate in the town’s benefits programs according to the Personnel Policy 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 the employee's supervisor and submitted to the Bookkeeper. COVID precautions allow submission of electronic timecards. If the employee is submitting the time card electronically to the Bookkeeper, the Department 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 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, sick days and compensation time used by each employee. Time off for each employee must be reported to Bookkeeper who will maintain records. Elected officials must have the Town Supervisor or other Town Board member sign their time card. Employee Employee Supervisor Hours/ Week Town Supervisor Town Board 30 2nd Deputy Town Supervisor Town Supervisor 32 Highway Superintendent Town Supervisor or Town Board 40 Town Clerk Town Supervisor or Town Board 40 Deputy Town Clerk Town Clerk 30 Court Clerk Town Justices 40 Bookkeeper 2nd Deputy Supervisor 25 Enforcement Officer for Building Code & Zoning Town Supervisor 27 Deputy Enforcement Officer Enforcement Officer 5 Zoning Officer/Planner Town Supervisor 40 13 Planning and Zoning Clerk Zoning Officer/Planner Various Deputy Highway Superintendent Highway Superintendent 40 (combined) Highway Machine Equip. Operators Highway Superintendent 40/ various Highway Laborer Highway Superintendent Various Water Dist. & Maintenance Operator Highway Superintendent 40 (combined with highway work) Water District Laborer Highway Superintendent hourly up to 40 Recreation Director Town Supervisor Varies seasonally Recreation Department Employees Recreation Director Various Resolutions 17-18 moved: Ms. Zahler Seconded: Mr. Goldman Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-19: Insurance RESOLVED the Town of Ulysses make the following insurance choices in 2021: Insurance type Carrier Town contribution Policy or rate exp. Health insurance Greater Tompkins County Health Insurance Consortium Gold Plan through Excellus BCBS 90% for Class A employees 50% for Class B employees 12/31/21 Dental insurance Excellus BCBS 50% of the premium 12/31/21 Medicare insurance Excellus BCBS Dependent upon experience and employee class (see Personnel Policy for details) 12/31/21 Health Savings Account (HSA) through Tompkins Trust Company single plan-$1,750 family plan-$3,500 n/a Worker’s Compensation Comp Alliance 100% of premium 12/31/21 General liability NYMIR 100% of premium 12/31/21 RESOLVED that the following table presents the 2021 premiums for Health-related insurances: Plan Type Monthly Premium Health Insurance (Single Policy) $593.60 14 Health Insurance (Family Policy) $1543.35 Dental Insurance (Single Policy) $47.36 Dental Insurance (Subscriber & Spouse Policy) $94.71 Dental Insurance (Family Policy) $143.12 Medicare Policy $390.24 RESOLVED that the per Town Personnel Policy, the Town shall pay 50% of the in-network out of pocket maximum as outlined in the current Gold Plan Health Insurance for employees enrolled in either a family or individual plan and further RESOLVED that Town Board requests that the Bookkeeper transfer the HSA contributions to eligible employees’ Health Savings Accounts within the first 14 days of 2021; and FURTHER RESOLVED that the Town Board directs the Bookkeeper that for any new employee who is eligible and chooses to enroll in Town provided health insurance to transfer a prorated amount to the new employee’s Health Savings Accounts within 30 days of the new employee opening an HSA account. Moved: Ms. Zahler Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-20: Cell Phone Reimbursement For Code/Zoning Enforcement And Highway Departments WHEREAS the Building/Code & Zoning Enforcement Officer and both the Highway Superintendent and Water District Operator are frequently out of their offices and away from their stationary phones during their regular duty hours, and WHEREAS carrying a cell phone is an important part of efficient communications and emergency response. THEREFORE BE IT RESOLVED that the Town of Ulysses hereby allows people who hold the positions of Code/Zoning Enforcement Officer, Highway Superintendent, and Water District Operator to either have and use a town-owned cell phone at the town’s expense which will only be used only for town purposes OR be reimbursed for part of the cost of their personal cell phone at the rate of $40/month; and RESOLVED that if the Code/Zoning Enforcement Officer, Highway Superintendent and Water District Operator elect to be reimbursed for their personal cell phone they will provide the Bookkeeper with proof of each monthly expense via invoice or bill along with the submission of the reimbursement form; and RESOLVED that the Town Clerk will provide a copy of this resolution to each of the three people to whom this resolution refers. Moved: Ms. Zahler Seconded: Mr. Boggs 15 Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-21: Town Board Member Liaisons BE IT RESOLVED that the Town Board makes the following liaison appointments and requests that each appointee report to the Town Board at least annually: (Updated on 4/28/2020) 2021 A. Highway Department Nancy Zahler, Katelin Olson Katelin Olson B. Personnel Nancy Zahler, Rich Goldman Rich Goldman, Mary Bouchard C. Planning Board Rich Goldman, Marc Devokaitis (alternate) Rich Goldman, Michael Boggs (alternate) D Board of Zoning Appeals Katelin Olson, Michael Boggs Katelin Olson, Mary Bouchard (alternate) E. Fire Department Michael Boggs Michael Boggs F. Town Court N/A Nancy Zahler G. Trumansburg/Ulysses Youth Commission- Rec. Department Katelin Olson, Nancy Zahler (alternate) Katelin Olson, Mary Bouchard (alternate) H. Village EMS & EMS Billing Oversight Committee Michael Boggs, Katelin Olson Michael Boggs, Mary Bouchard I. Town Hall Maintenance Nancy Zahler, Michael Boggs (alternate) Michael Boggs, Nancy Zahler (alternate) J. Sustainability Committee Marc Devokaitis Mary Bouchard K. Trumansburg Village Board Marc Devokaitis, Katelin Olson (alternate) Mary Bouchard, Katelin Olson (alternate) L. Records Advisory Board Nancy Zahler Nancy Zahler M. Safety Committee Michael Boggs, John Zepko (alternate) Michael Boggs, John Zepko (alternate) N. Union negotiations Rich Goldman, Nancy Zahler Rich Goldman, Nancy Zahler O. Agricultural Committee Katelin Olson, Marc Devokaitis Katelin Olson, Mary Bouchard P. Water Liaison N/A (created in 2021) Michael Boggs 16 Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-22: Town Board Annual Appointments BE IT RESOLVED that the Town Board makes the following appointments and request that each appointee report to the Town Board at least annually: Updated 4/28/2020 2021 A. Health Consortium Board Rich Goldman Mary Bouchard, Rich Goldman (alternate) B. Planning Board Chairperson Linda Liddle Linda Liddle C. Board of Zoning Appeals Chair Steven Morreale Steven Morreale D. Clerk for Board of Zoning Appeals Louis DiPietro Louis DiPietro E. Clerk for Planning Board Maria Barry Maria Barry F. Tompkins County Environmental Mgmt Council Cait Darfler, Marc Devokaitis (alternate) Cait Darfler, (alternate) G. Tompkins County Stormwater Coalition John Zepko John Zepko H. Stormwater Officer John Zepko John Zepko I. Trumansburg/Ulysses Youth Commission Reps. Sharon Bilotta, Reanna Lavine As of 11/2020: Zaun Marshburn & vacancy Zaun Marshburn, (Vacant) J. Recreation Partnership rep. Durand Van Doren, Katelin Olson (alternate) Mary Bouchard, Katelin Olson (alternate) K. Tompkins County Youth Services Board (Vacant) (Vacant) L. Ithaca/Tompkins County Transportation Council Planning & Policy Committees Michelle E. Wright, Katelin Olson (alternate) Michelle E. Wright, Katelin Olson (alternate) M. Tompkins County Council of Governments Nancy Zahler, Michael Boggs (alternate) Nancy Zahler, Michael Boggs (alternate) N. Broadband Study Advisory Comm N/A (vacant) O. Fair Board liaison Michelle E Wright Michelle E Wright 17 Updated 4/28/2020 2021 P. Historian John Wertis John Wertis Q. Tompkins County Animal Control Carissa Parlato, Nancy Zahler (alternate) Carissa Parlato, Nancy Zahler (alternate) R. Cayuga Lake Water Shed Intermunicipal Org. (IO) Liz Thomas, Roxanne Marino (alternate) Liz Thomas, Roxanne Marino (alternate) S. Chamber of Commerce Katelin Olson/Rich Goldman (alternate) Katelin Olson/Rich Goldman (alternate) T. Voucher Reviews Rich Goldman & Katelin (through June) Michael Boggs and Marc Devokaitis (July-Dec) Rich Goldman & Katelin (through June) Michael Boggs and Mary Bouchard (July-Dec) Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-23: Highway- 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 highway agreements of equipment and services with other nearby municipal highway departments; WHEREAS the Agreement for the Expenditure and Repair and Improvement of Highway Moneys is authorized by Highway Law #284, and an agreement to cover Custody of Highway Moneys is authorized by Highway Law #283. 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. *Resolution 2021-24: Authorizing Spending Of Highway Funds WHEREAS, the Town Board annually must approve expenditures for the maintenance of the roads, and WHEREAS by law, the Town Board must approve these expenditures for highway maintenance, Therefore, be it RESOLVED that the Ulysses Town Board approves the attached Agreement for the Expenditure of Highway Moneys as presented by the Ulysses Highway Superintendent at the January 6, 2021 Town Board Organizational meeting. 18 *Resolution 2021-25: Town Highway Department Hours Of Operation BE IT RESOLVED that the hours for the Town Highway Department, set by the Town Highway Superintendent, are Oct 1st - April 30th: 6:00 am until 2:30 pm, Monday- Friday; and May 1st – Sept. 30th: 6:00 am until 4:30pm, Monday through Thursday, with flexible scheduling to cover water and emergencies. Moved 21-23: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-26: Planning Board And Board Of Zoning Appeals Appointments BE IT RESOLVED that the Town Board has appointed the following to be members of the Planning Board and Board of Zoning Appeals with staggered annual appointments. Members whose terms expire in 2020 may be either replaced or reappointed. Chair appointments are for one year only. Name /email Date Appointed Term Expiration BOARD OF ZONING APPEALS STEPHEN MORREALE, Chair (One year term) Sjm11@cornell.edu (Member Term 5 years) 1/6/2021 1/6/2021 12/31/2021 12/31/2025 CHERYL THOMPSON cherylthompsonarchitect@gmail.com 1/4/2018 12/31/2022 ROBERT HOWARTH howarth@cornell.edu 1/28/2020 12/31/2024 DAVID TYLER Datyler123@gmail.com 2/27/2018 To complete term ending 2021 12/31/2021 ANDREW HILLMAN andrew.hillman@davey.com 1/10/2019 12/31/2023 THOMAS BUTLER (alternate) Tom_Ryan@twcny.rr.com 1/6/2021 12/31/2021 LOUIS DIPIETRO (Clerk) Dipietro.louis@gmail.com 1/6/2021 12/31/21 PLANNING BOARD Chair –One year appointment LINDA LIDDLE liddlela@verizon.net 1/6/2021 12/31/2021 19 Members-5 year terms 1/2017 12/31/2021 REBECCA SCHNEIDER rls11@cornell.edu 1/10/19 12/31/2023 JOHN WERTIS bwwfarmtoday@aol.com 1/6/2021 12/31/2022 RODNEY BENT rodney.bent86@gmail.com 1/6/2021 12/31/2025 MORRIS KLEIN moxie@dr.com 12/10/2019 12/31/2024 PETE ANGIE (1st ALTERNATE) PeteAngie3138@gmail.com 1/6/2021 12/31/2021 Vacant (2nd ALTERNATE) 12/31/2021 MARIA BARRY – Clerk planningboardclerk@gmail.com 1/6/2021 12/31/2021 Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-27: Policies WHEREAS the Town of Ulysses has adopted the following policies: Policy* Last updated Notes Personnel various sections updated 2015- 2019 Includes insurance & retiree benefits Alcohol and Controlled Substance Testing 2015 (for Highway employees only) included in Personnel Policy * Code of Ethics 2009 included in Personnel Policy * Workplace Violence 2015 included in Personnel Policy * Harassment & Discrimination 2019 included in Personnel Policy * Sexual Harassment Prevention 2019 included in Personnel Policy 20 * Sick, vacation, overtime, and leave 2019 included in Personnel Policy * Expense reimbursements (for mileage, travel, food and lodging) 2017 included in Personnel Policy * Procurement 2010 *must be reviewed annually * Use of Municipal Equipment (town-owned vehicles; computer use; municipally issued cell phones/smart phones/tablets/computers; social media) 2015 included in Personnel Policy Claims 2012 * Computer System Security (aka IT Breach Notification) 2012 * Information Technology Policies: Use of and Access to Personal, Private and Sensitive Information Wireless Security Policy Password Security Policy Internet, Email, and Personal Computer Use Mobile Computing and Storage Device Policy Online Banking 2015, 2017 Pieces included in both Personnel Policy and Records Mgmt policies with the exception of: Wireless Security Policy Mobile Computing and Storage Device Policy Online Banking Meeting Rules and Procedures 2018 *Investment 1994 Planning Board and Zoning Board Attendance and Training 2012 Records Management 2017 * Local Comprehensive Emergency Management Plans (Emergency Preparedness) 1993 EMS Ambulance Billing 2019 Mailbox Replacement for Highway Dept. 2019 *indicates policy is required by law BE IT RESOLVED that these documents, as shared with the Town Board on 12/28/20 using the location: https://www.ulysses.ny.us/documents/documents-policies/, shall be maintained on the town website, and also provided in print upon request, and further RESOLVED that each employee and elected or appointed official shall sign off that they have read and understand the following policies within one month of hire or taking office: Personnel- includes vacation, sick leave, and holiday benefits 21 Alcohol and Controlled Substance Testing (for Highway employees only) Code of Ethics Workplace Violence Sexual Harassment FURTHER RESOLVED that ANNUALLY all employees and elected or appointed officials shall sign off that they have read and understood the following policies: Code of Ethics Workplace Violence Sexual Harassment FURTHER RESOLVED that the Town Clerk’s Office shall maintain these records and notify the Town Supervisor of anyone who has not complied with these requirements and FURTHER RESOLVED that the Town Board will develop the following policies during 2021 to comply with New York State legal requirements for towns: Title IV Anti-discrimination Plan Defense and Indemnification Capital Asset Policy FURTHER RESOLVED, that the Town Board shall review and update existing policies as needed during 2021. Moved: Ms. Zahler Seconded: Ms. Bouchard Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-28 : Adoption Of Records Retention Schedule RESOLVED, that the Town of Ulysses adopt the Retention and Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein. FURTHER RESOLVED, that in accordance with Article 57-A: (a) only those records will be disposed of that are described in Retention and Disposition Schedule for New York Local Government Records (LGS-1), after they have met the minimum retention periods described therein; (b) only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods. *Resolution 2021-29: Records Management Officer BE IT RESOLVED that the Town of Ulysses appoints the Town Clerk, Carissa Parlato as Records Management Officer with the backup Records Management Officer of Sarah Koski. The Town Board shall be notified of Freedom of Information Requests. 22 *Resolution 2021-30: Gifts From Town To Other Parties 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 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 2021-31: 2021 Fees And Penalties RESOLVED that the Town Board approves the following fees and penalties for 2021 and FURTHER RESOLVED that the Town Board directs Planning, Zoning and Code Enforcement staff to research and recommend updated fees for 2022 by August 2021. PLANNING & ZONING: ZONING: Reference Development District $250 + costs Res. 2007-36 Re-zoning $250 + costs Res. 2007-36 BOARD OF ZONING APPEALS: Reference Variance $150. (includes legal ad) LL 2 of 2015 PLANNING BOARD: Subdivison- Simple $50.00 Res. 2007-36 Subdivison- Minor (3 lots) $150.00 Res. 2007-36 Subdivison- Major (4 or more lots) $300.00 Res. 2007-36 Site Plan Review- Residential $100 + costs LL 2 of 2015 Site Plan Review- Commercial $200. + costs LL 2 of 2015 Site Plan requiring Special Permit $250.00 LL 2 of 2015 OTHER PLANNING & ZONING: Reference SWPPP Review 3 $100+ engineering and Soil & Water Conservation Service Fees Res. 2007-36 Copies of Comprehensive Plan, Zoning, Farmland Protection Plan, etc. $15/copy of plan LL 2 of 2015 SWPPP Review 3 $100+ engineering and Soil & Water Conservation Service Fees Res. 2007-36 BUILDING/CODE: OPERATING PERMITS Fee Reference Operating Permit $75.00 LL 2 of 2015 Fireworks display $150.00 Res. 8/18/10 Special Event Operating Permit- for events with 2000 or more in attendance $150/day of event Res. 2019-32 Special Event Operating Permit- for events requiring a permit with under 2000 in attendance. $50/day of event Res. 2019-32 BUILDING PERMITS Fee Reference 1 & 2 Family Residences, includes finished $.30/sq ft or $3/thousand, Res. 2018-25 23 basements whichever is greater. Unfinished basements $.15/sq ft. Res. 2019-32 Multiple dwelling/Multi-residential $225 + $3/K Res. 2007-36 Commercial bldgs., bridges, tanks, and towers $425 + $4/K Res. 2007-36 Alterations, renovations, additions, pools $75 + 3/K LL 2 of 2015 Accessory Building- separate from a main building $55 + $3/K Res. 2007-36 Accessory Building – attached to 1 & 2 family residence $0.30/sq. ft. Res. 2018-25 Building Permit Renewal Half existing building permit fee Res. 2016-64 Any building begun without a valid building permit Double normal fee Res. 2018-25 Solar, wind or alt. energy permit- RESIDENTIAL $75.00 LL 3 of 2015 Solar, wind or alt. energy permit- COMMERCIAL $75 + $3/K LL 3 of 2015 Sign permit $50.00 LL 2 of 2015 Woodstove or heating unit $50.00 LL 2 of 2015 Demolition $2/K ($65 min) Res. 2007-36 Fire Inspection (includes one re-inspection if necessary) $50/inspection Res. 2018-25 Additional Fire Inspections (if more than 2 necessary beyond initial inspection(s)) $50/inspection Res. 2018-25 EMERGENCY MEDICAL SERVICES: SERVICE PROVIDED FEE REFERENCE BLS Non-Emergency $500 Res. 2020-243 BLS Emergency $940 Res. 2020-243 ALS 1 Non-Emergency $850 Res. 2020-243 ALS 1 Emergency $1405 Res. 2020-243 ALS 2 Emergency $1612 Res. 2020-243 Specialty Care Transport $n/a Res. 2020-243 Paramedic Intercept $725 Res. 2020-243 Ground Transport Miles $25.50 Res. 2020-243 CLERK: DOG FEES: Reference Dog license/renewal (spayed/neutered) $13.50 Res. 12/14/10 (LL2 of 2010) Dog license/renewal (not spayed/neutered) $20.50 Res. 12/14/10 (LL2 of 2010) New dog tag $3.00 Res. 12/14/10 (LL2 of 2010) 24 Purebred license (5-20 purebred dogs) $100.00 Res. 12/14/10 (LL2 of 2010) Purebred license (21 or more purebred dogs) $200.00 Res. 12/14/10 (LL2 of 2010) Dog impoundment fee $25 for 1st offense $50 for 2nd offense $75 for 3rd offense Res. 12/14/10 (LL2 of 2010) Unlicensed dog/Failure to renew license $25 for 1st offense $50 for 2nd offense $75 for 3rd offense Res. 12/14/10 (LL2 of 2010) Dog enumeration fee $5.00 Res. 12/14/10 (LL2 of 2010) OTHER FEES: Reference Certified Copy of Marriage Certificate $10.00 set by NYS Marriage license $40.00 LL1 of 1980 Marriage license for active duty military no fee Res. 2019-183 Games of Chance license $50.00 set by NYS Hunting Licenses (varies by license) set by NYS Disabled Parking no fee set by NYS Returned check fee $20.00 Maximum allowed by NYS WATER: PERMITS: Reference Plumbing permit (up to 5 inspections) $240.00 LL 2 of 2015 New contractor registration $15.00 Res. 9/15/03 TAPS: Main tap (Standard household tap) Current cost (billed by Bolton Point) LL 2 of 2015 >1" Tap Current cost (billed by Bolton Point) LL 2 of 2015 METERS: Standard Household Based on current cost LL 2 of 2015 RF Radio Reader Based on current cost LL 2 of 2015 Meter: pit type Based on current cost LL 2 of 2015 Meter: >3/4” Based on current cost LL 2 of 2015 Frosted meter replacement Cost of meter + 1 hr. labor LL 2 of 2015 BACKFLOW/CROSS CONNECTION: Reference Annual backflow admin fee $32/first device; $16/additional Based on contract with Bolton Point Backflow application review $80.00 Res. 9/15/03 Backflow certification inspection $72.00 Based on contract with Bolton Point Backflow Inspection $72.00 Res. 2007-36 WATER SALES: Reference Water sales to users in Districts 1 & 2 Set by the Village of Trumansburg 1.5x the Village rate 25 Water sales to users in Districts 3 and 4 $9.66/1000 gallons Based on Town of Ithaca’s 2021 water price of $8.26/1000 gl +17% for water loss Water District 3 Out of District Users (only those with valid contracts with the Town of Ulysses may purchase water outside a water district) 1.1x the rate set for regular customers unless otherwise specified in a contract See contracts CODE AND PLANNING/ZONING PENALTIES: Activity Penalty Resolution/Law Notes OPERATING PERMITS Penalty for failure to apply for Special Permit- 1st offense $1,000.00 LL#1 of 2010 Penalty for failure to apply for Special Permit- 2nd offense $2,000.00 LL#1 of 2011 CODE (Building and Zoning) Code violation No less than $100/day and no greater than $250/day for each day of violation, in addition to penalties prescribed by state law LL1 of 2016 PLANNING BOARD Non-Compliance $100/day and/or Stop Work Order Res. 2007-36 STORM WATER Storm sewers- 1st offense up to $500 and/or imprisonment up to 15 days LL1 of 2012 each day constitutes a new violation. GC 149-14D Storm sewers- 2nd offense up to $1000 and/or imprisonment up to 15 days LL1 of 2012 Stormwater Mgmt and Erosion Sediment Control- 1st offense up to $350 and/or imprisonment up to 6 days LL1 of 2012 each week constitutes a new violation. GC 156-13D Stormwater Mgmt and Erosion Sediment Control- 2nd offense $350-700 and/or imprisonment up to 6 months LL1 of 2012 each week constitutes a new violation. GC 156-13D Stormwater Mgmt and Erosion Sediment Control- 3rd offense $700-1000 and/or imprisonment up to 6 months LL1 of 2012 each week constitutes a new violation. GC 156-13D OTHER Flood damage prevention: No structure shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. up to $250; or imprisoned up to 15 days LL2 of 1987 GC 89-8 26 Radio communications protection: to prevent interference with the countywide public safety radio communications system which is used by emergency service providers in this municipality and throughout Tompkins County. up to $250 LL2 of 2007 GC 129 Watercraft 73-c of the New York StateNavigation Law 4/13/2004 GC 205-7 Zoning No less than $100/day and no greater than $250/day for each day of violation, in addition to penalties prescribed by state law 2017-59 GC 212-4 E WATER PENALTIES: WATER Water bill late fee (penalty) 10% Res. 2014-67 can also shut off water. Late fee for new water hookup fees 5% 2017-118 any user who is found to have violated any provision of this article, or permit or administrative order up to $1000 LL1 of 2003 GC 200-14A(4) CIVIL PENALTIES: Any person who violates any of the provisions of or who fails to perform any duty imposed by this article, or any administrative order or determination of the Superintendent promulgated under this article, or the terms of any permit up to $1000 LL1 of 2003 each day constitutes a new violation. GC 200-14B(1) CRIMINAL PENALTIES: Any person who willfully violates any provision of this article or any final determination or administrative order of the Water District Operator made in accordance with this article shall be guilty of a Class A Misdemeanor and, upon conviction thereof not less than $500 nor more than $1,000, or imprisonment not to exceed one year, or both. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense LL1 of 2003 GC 200-14B(3) CRIMINAL PENALTIES: Any user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall be guilty of a Class A Misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000 per violation per day or imprisonment for not more than one year, or both. LL1 of 2003 Resolutions 28-31moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye 27 Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-32: Mandatory Justice Schooling RESOLVED, that the Justices be authorized to attend training schools during the year and will be reimbursed for approved expenses provided the funding is available. *Resolution 2021-33: Vehicle Benefit: RESOLVED, that because the Highway Superintendent is on call 24 hours a day, seven days a week, the Ulysses Town Board authorizes the use of a town vehicle for travel to and from work, provided it is not used for more than incidental personal use. Mileage should be recorded and submitted to the Town Clerk annually. Resolutions 32-33 moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-34: Committees Appointed By The Town Board The following working groups or committees are appointed by the Town Board for specific purposes and may or may not have terms of office: COMMITTEE MEMBERS E-MAIL TERM CONSERVATION & SUSTAINABILITY ADVISORY BOARD Roxanne Marino - Chair Rmm3@cornell.edu All members appointed through 2021. New terms to be proposed in 2021 for 2022 Bara Hotchkiss baraHotchkiss@gmail.com Robert Oswald reo1@cornell.edu Andy Hillman Terry Carroll Marc Devokaitis andrew.hillman@davey.com tc629@cornell.edu mdevokaitis@gmail.com YOUTH COMMISSION Jon Gregory– Chair 1 yr term jgregory@ithaca.edu Through 2022 Zaun Marshburn- Town zaun001@gmail.com 12/31/2022 Vacant- Town Vacant – Village appt 12/31/21 12/31/21 Ben Carver – Village Trustee Carver@trumansburg-ny.gov Katelin Olson – Town Board Olson@ulysses.ny.us 1/6/-12/31/21 Paul Pennock ppennock@tburg.k12.ny.us Kate Shanks-Booth County Kshanks@tompkins-co.org Ex-officio staff support HABITAT NATURE PRESERVE COMMITTEE Carissa Parlato, chair Mary Bouchard, TB liaison Bara Hotchkiss (alternate) Town Board Liaison clerk@ulysses.ny.us barahotchkiss@gmail.com One year terms through 2021 28 Aaron Rovitz Marvin Pritts Kira Lallas Marc Devokaitis arovi25@gmail.com mpp3@cornell.edu kiralallas@yahoo.com mdevokaitis@gmail.com SAFETY COMMITTEE Scott Stewart– Highway highway@ulysses.ny.us Carissa Parlato – Safety Coord. clerk@ulysses.ny.us Michelle Wright– HR michelle@ulysses.ny.us Michael Boggs – TB boggs@ulysses.ny.us Angela Champion – Court achampion@nycourts.gov Steve Manciocchi– Union highway@ulysses.ny.us (Nancy Zahler – TB Alternate) supervisor@ulysses.ny.us Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-35: Policy For Applying And Receiving Grants And Engaging In Contracts (Originally Adopted 6/26/2006 As The “Gatekeeper” Resolution), (Amended 1/14/2020) WHEREAS the Town Board is the Executive body charged with speaking and acting on behalf of the Town (Town Law Section 64), unless such powers are specifically delegated by resolution to the Supervisor, as per Town Law Section 29(16), or to another individual, BE IT RESOLVED that effective immediately it is required policy in the Town of Ulysses that any application (full or partial, new or revised) for grant funding or financing, or request for evaluation of funding potential, or any request for review or approval of any project proposed by the Town of Ulysses to any government agency or other entity external Ulysses Town government be approved by the Town Board before it is submitted to the appropriate agency, and; FURTHER RESOLVED that unless otherwise authorized, the Town Supervisor must also be given authority by the Town Board to accept grant funds on any successful grant applications, and; FURTHER RESOLVED that unless authorized in the Town of Ulysses Procurement Policy, or otherwise authorized, the Town Supervisor and Highway Superintendent must also be authorized by the Town Board to make contractual commitments on behalf of the town, and; FURTHER RESOLVED, all Town Board members including the Supervisor shall identify whether they are speaking by authority of the Board or as an individual when talking with granting agencies. This resolution hereby supersedes all previous Town Board resolutions which may be interpreted as giving the Supervisor, any other member of the Town Board, Highway Superintendent, or any professional contracted with by the Town of Ulysses the authority to make applications (full or partial) for grants, loans, or any other type of project financing, make contractual commitments (verbal or written) on behalf of the Town, or otherwise act in any legal or official capacity on behalf of the Town of Ulysses. RESOLUTION 2021-36: TOWN BOARD ACCESS TO ATTORNEY SERVICES WHEREAS the Town of Ulysses has contracted with Peter Walsh, from True and Walsh for legal services including attendance at monthly meetings of the Town Board as needed, as well as regular calls with the Town Supervisor to prioritize and discuss legal work, therefore be it 29 RESOLVED that any work requested by Town Board members that will require more than 2 hours of attorney time to resolve needs to be routed through the Town Supervisor or be authorized by the entire Town Board. RESOLUTION 2021-37: TOWN BOARD ACCESS TO ENGINEERING SERVICES WHEREAS the Town of Ulysses has contracted with MRB for engineering services, therefore be it RESOLVED that any work requested by Town Board members that will require more than 2 hours of engineering time to resolve needs to be routed through the Town Supervisor or be authorized by the entire Town Board. Resolutions 35-37 moved: Ms. Zahler Seconded: Ms. Bouchard Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-38: Contracts Resolved that the Town Board authorizes the Supervisor to annually sign contracts and letters of agreement with the following entities: Entity Est. Contract Amt for 2021 Contract not to Exceed Amt for 2021 Notes Regarding Payment American Legion (Assistance for Veterans) $475 n/a Annually by 5/31 BAS software annual agreement for water billing $700 n/a As invoiced BAS software annual agreement for clerk program $650 n/a As invoiced Cayuga Lake Watershed Intermunicipal Organization $900 n/a As invoiced Cleaning- Wednesdays $30/hr; $75/week As invoiced Cleaning- Weekends $20/hr; $600/month + annual floor wax @ about $900 As invoiced Community Science Institute $6,312 n/a As invoiced Cooperative Extension (Youth Programming) $52,766 n/a As invoiced Engineering – MRB See Current rate schedule Not to exceed rate As invoiced 30 schedule. Foodnet $2,250 n/a Annually by 5/31 Gadabout $2,000 n/a Annually by 5/31 General Code (for annual fee) $1,195 n/a As invoiced IT Services $45/hr to $90/hr $95/hr As invoiced Lifelong $1,000 n/a Annually by 5/31 Paychex N/A (Varies by pay period based on number of employees) N/A (price per employee set to increase in Spring of 2020) Stormwater Coalition $1500 $2,000 As invoiced Trumansburg Senior Citizens $850 n/a As invoiced Tompkins County Recreation Partnership $8,114 $8,500 As invoiced Tompkins County Animal Control $18,134 $18,300 Monthly Trumansburg Conservatory of Fine Arts $1,900 n/a As invoiced Town Hall Maintenance TBD Tompkins County Soil & Water $ 1500 $1500 As invoiced Attorney for the Town– Peter Walsh, at True and Walsh $200/hr Attorney $145/hr Paralegal $200/hr Attorney $145/hr Paralegal As invoiced Ulysses Historical Society $700 n/a Annually by 5/31 Ulysses Philomathic Library $12,500 n/a Annually by 5/31 Williamson Law – Accounting Software $1059 n/a As invoiced Williamson Law Book- Tax Glance software program $125 n/a As invoiced Village of Trumansburg Police Contract $50/hr $-750 As invoiced Village of Trumansburg Sidewalk Maintenance $ 32.73/hr Up to $35/hr As invoiced Winterfest- TBD TBD TBD 31 Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Zoning/Code Software $20,000 $22,000 As invoiced Zoning/Code Ann. Software subscription $2,100 $2,500 As invoiced Rec Desk Ann Registration Subscription $3,480 $3,500 As invoiced Youth – Library Summer reading program $4,000 $4,000 By 5/31 32 Vote: 5-0 Date Adopted: 1/6/21 *Resolution 2021-39: Distribution Of Organizational Minutes RESOLVED that once all resolutions of the Organizational Meeting are completed, the Town Board will make a motion to accept the minutes as a whole. These minutes shall be the final minutes of the meeting and a certified version of the complete Organizational Meeting minutes will be distributed by the Town Clerk to ALL employees and elected officials within 14 days of completion and will be posted to the website. Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 *Other Annual Appointments, Not Subject To Town Board Approval: Job title: Name of appointee: Appointed by: Bookkeeper Gloria Cassetti Town Supervisor 1st Deputy Supervisor Katelin Olson Town Supervisor 2nd Deputy Supervisor Michelle E. Wright Town Supervisor Budget Officer 1 Nancy Zahler Town Supervisor Budget Officer 2 Michelle E. Wright Town Supervisor Court Clerk Angela Champion Town Justices Deputy Town Clerk Sarah Koski Town Clerk Second Deputy Town Clerk Michele Mitrani Town Clerk Deputy Highway Superintendent Dave Snyder Highway Superintendent *Resolution 2021-40: Designating Mr. Boggs As Delegate To AOT Meeting RESOLVED that Michael Boggs is authorized to vote on behalf of the town at the Associations of Towns’ annual meeting. Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/6/21 January 12th, 2021: Regular Town Board Meeting *Resolution 2021-40: Approval Of Meeting Agenda 33 BE IT RESOLVED that the Ulysses Town Board approve the agenda for January 12, 2021 with the addition of a resolution to support the county’s vaccination campaign. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/12/21 *Resolution 2021-41: Designation Of Alternate Representative For Association Of Towns Annual Conference RESOLVED that Nancy Zahler be designated as the alternate voting representative of the Town of Ulysses eligible to vote at the business meeting of the Association of NYS Towns to be held February 14-17, 2021 if the designated representative is not available. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/12/21 *Resolution 2021-42: Supporting Tompkins County Vaccination Program Whereas, the novel coronavirus (COVID-19) constitutes the most serious health threat facing the United States in the past 100 years, having afflicted more than 20 million persons in our nation and costing more than 350,000 lives, more than 38,000 of those deaths occurring within New York State; and Whereas, COVID-19 similarly impacts the local community, where 18 Tompkins County residents have now died of the coronavirus, and more than 2,000 positive cases of the disease have been reported countywide since the pandemic began, including numerous cases in Ulysses; and Whereas, the Tompkins County Health Department has initiated efforts to provide community-based Points of Distribution (PODs) for COVID-19 vaccination throughout Tompkins County is seeking support from others to assist in their efforts; and Whereas, the Town of Ulysses has routinely shared current updates with members of our community to educate them about the coronavirus and to encourage safety precautions; now therefore be it Resolved, that the Town of Ulysses continues to provide public information about the virus and the vaccines along with support and assistance to the Tompkins County effort to promote vaccinations for those eligible in our community and in our workforce. Moved: Ms. Zahler Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye Mr. Boggs abstain Mr. Goldman nay Ms. Bouchard nay 34 Vote: 2-2 Resolution failed. *Resolution 2021-43: Approval Of Minutes RESOLVED that the Ulysses Town Board approves the minutes from the Town Board meetings on Dec. 8 and Dec. 15. Moved: Mr. Boggs Seconded: Mr. Goldman Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/12/21 *Resolution 2021-44: Payment Of Claims For 2020 Expenses (Abstract 13) RESOLVED that the Ulysses Town Board has reviewed and approves of payment of claims for: HA (WD3 Aerator Capital Fund) fund vouchers numbered 28 and 29 in the amount of $2,050.00; HB (Cemetery Bridge Replacement Capital Fund) fund vouchers 15 and 16 in the amount of $3,638.92; and for all other funds vouchers numbered 575 through 614 in the amount of $77,617.20. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/12/21 *Resolution 2021-45: Payment Of Claims For 2021 Expenses (Abstract 1) RESOLVED that the Ulysses Town Board has reviewed and approves of payment of claims for: Funds A through SW, vouchers numbered 4 through 21 in the amount of $8,563.39. Moved: Ms. Zahler Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/12/21 January 26th, 2021: Regular Town Board Meeting *Resolution 2021-46: Approval Of Meeting Agenda 35 BE IT RESOLVED that the Ulysses Town Board approve the agenda for January 26, 2021 with the addition of a resolution for authorization to contract for planning services. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/26/21 AMENDMENT: BE IT RESOLVED that the Ulysses Town Board approve the agenda for January 26, 2021 with the addition of a discussion of time cards for elected officials. Moved: Mr. Boggs Seconded: Ms. Bouchard Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/26/21 *Resolution 2021-47: Local Law #1 Of 2021- Adoption Of Draft Tree Law Creating A Tree Advisory Committee And Scheduling Of A Public Hearing WHEREAS, on January 12, 2021 the Town Board of the Town of Ulysses, upon recommendation of the Conservation and Sustainability Advisory Committee (CSAC), considered the adoption of a local law to create a Town Tree Advisory Council and provide for its duties and procedures; and WHEREAS, the Town Board expressed support for the concept and referred the draft back to the Conservation and Sustainability Advisory Committee (CSAC) representatives that proposed the original draft, the Town Attorney and the Town Supervisor for further review and revisions and WHEREAS, Local Law #1 of 2021 Providing for the Creation and Functioning of a Tree Advisory Committee presented herein is proposed as the modified draft acceptable to the CSAC, the Town Attorney and Town Supervisor; and WHEREAS, the Town Board of the Town of Ulysses has reviewed and discussed the proposed draft of Local Law #1; and WHEREAS, Municipal Home Rule Law §20(5) requires that a public hearing be held before a local law is adopted by the Town Board, which public hearing must be held upon the publication of at least ten days’ notice in the Town’s official newspaper; and WHEREAS, due to the Corona Virus/COVID-19 pandemic, the Governor of the State of New York has authorized municipalities to conduct certain public hearings and meetings by virtual means in order to ensure the public health and safety, NOW, THEREFORE, BE IT RESOLVED, that the attached draft local law, the full text of which the Town Clerk is hereby directed to reproduce in full in the minutes hereof,(see Appendix) is adopted as the draft upon which a public hearing shall be held to consider whether or not to adopt the proposed local law; and be it further RESOLVED, that the Town Board hereby schedules a public hearing on said draft local law for Feb. 9, 2021 at 7pm. Access details for the public hearing shall be posted on the Town of Ulysses website at www.ulysses.ny.us at least twenty-four (24) hours prior to the date of the hearing. The purpose of the public hearing is for all persons wishing to comment in favor of or against the proposed local law to have an opportunity to provide their comments thereon; and be it further 36 RESOLVED, that in addition to participation in the public hearing via Zoom or whatever means the Town deems necessary, all members of the public wishing to submit written comments on the proposed local law may do so in writing addressed to the Town Clerk at 10 Elm Street, Trumansburg, NY 14886 or by email to clerk@ulysses.ny.us; and be it further RESOLVED, that the Town Clerk is directed to publish notice of said hearing in the Ithaca Journal as required by law and to advertise the public hearing on the Town’s bulletin board and website and to mail notices to all persons and agencies entitled to notice, to file in the office of the Town Clerk affidavits of publication, and the Town Board authorizes payment of expenses associated with said publications and mailings. Moved: Ms. Zahler Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/26/21 *Resolution 2021-48: Authorizing Contract For Accounting Services To Prepare The 2020 Annual Update Document (AUD) To The New York State Office Of The State Comptroller WHEREAS, a total of $6,200 was budgeted into the appropriation line A1320.4 Auditor CE in the 2021 budget for a review of the 2020 financial records, and WHEREAS, this will be the first financial year where the Town submits the AUD in compliance with GASB Statement No. 84, Fiduciary Activities, and GASB Statement No. 42, Accounting and Financial Reporting for Impairment of Capital Assets and for Insurance Recoveries, and WHEREAS, the Cemetery Bridge Replacement Project (PIN 375659 / BIN 3210360) is set to exceed the federal grant funding threshold of $750,000 within a financial year, therefore requiring a single federal audit in 2022, and WHEREAS, in preparation for a single federal audit, submission of the AUD will replace a previously estimated cost of $6,200 for a review of the 2020 financial records, and WHEREAS, the Town Supervisor has responsibility for preparing the AUD and authority to contract for services under $4,000 after soliciting quotes for the proposed services in accordance with the Town’s Procurement Policy and WHEREAS, the Town has solicited quotes for services to submit the 2020 AUD in adherence to the Town’s Procurement Policy; and WHEREAS, the Town Board acknowledges the departure from past practice, but recognizes the various levels of complication in reporting in the 2020 year due to compliance with GASB 84 and 42; as well as the aforementioned cost saving method; NOW, THEREFORE BE IT RESOLVED, that the Ulysses Town Board acknowledges the Supervisor’s intention to contract for the preparation of the 2020 AUD in conformance with the Town's Procurement Policy at an amount not to exceed $4,000 from 2021 funds available in the Auditor line A1320.4. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/26/21 *Resolution 2021-49: Acknowledgement Of Town Board Audit Of Justice Courts 37 WHEREAS, NYS requires an annual audit of the finances of the Ulysses Town Justice Courts, either as an internal audit by Town Board members or by an auditing firm, NOW THEREFORE, BE IT RESOLVED that the Town of Ulysses Board acknowledges an internal audit of the Ulysses Justice Courts was completed by Town Board members Richard Goldman and Mary Bouchard, on behalf of the Town Board on January 13, 2021, and further RESOLVED that the Town Clerk shall submit a certified copy of this resolution along with the results of the audit to the NYS Office of Court Administration. *Resolution 2021-50: Acknowledgement Of Town Board Audits Of Town Clerk, Tax Collector And Supervisor’s Office WHEREAS, NYS requires an annual audit of the Clerk and Tax Collector as well as an annual audit of the Supervisor’s office, either as an internal audit by Town Board members or by an auditing firm, now THEREFORE, BE IT RESOLVED that the Town of Ulysses Board acknowledges that internal audits of the Ulysses Clerk, Tax Collector and Supervisor’s office were completed by Town Board members Richard Goldman and Mary Bouchard on January 13, 2021. RESOLUTIONS 49 & 50 Moved: Ms. Zahler Seconded: Ms. Bouchard Ms. Olson asked Mr. Goldman & Ms. Bouchard to update the board on the audit process. They replied that things looked good and was straightforward. More discussion ensued about the need for Town staff to direct those wishing to pay in cash to the Clerk’s office rather than accepting cash in the field. Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/26/21 *Resolution 2021-51: Authorization Of Paid Leave For Employees To Receive Coronavirus Vaccines WHEREAS, the Town Board encourages eligible employees wishing to be vaccinated for the coronavirus to attend a vaccination clinic to protect themselves and the members of the public they serve and WHEREAS, the New York State Governor’s 2022 State Budget includes a proposed mandate for employers to provide paid time off for vaccinations, NOW THEREFORE BE IT RESOLVED, that the Ulysses Town Board authorizes any eligible employee wishing to be vaccinated to claim paid time for travel to and from approved vaccination sites for up to a maximum of up to 3 hours, with scheduling permission. Moved: Ms. Zahler Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye Mr. Boggs nay Mr. Goldman aye Ms. Bouchard aye Vote: 4-1 Date Adopted: 1/26/21 *Resolution 2021-52: Authorization To Contract With Tompkins County Planning For Update Of 2009 Comprehensive Plan Data - Tabled 38 WHEREAS, the Town of Ulysses budgeted up to $6,000 to begin an update of some sections of the 2009 Comprehensive Plan; and WHEREAS, the Tompkins County Department of Planning and Sustainability offered municipalities an opportunity to purchase planning services at a reduced rate to assist with local projects; and WHEREAS, the Tompkins County Department of Planning and Sustainability has notified the Town of Ulysses that we are eligible to receive planning services for 2021 to help with updating data from the 2009 Comprehensive Plan at a cost not to exceed $1,100; now therefore, be it RESOLVED, that the Ulysses Town Board authorize the Supervisor to enter into a contract with Tompkins County for planning services during 2021 for up to $1,100 using funds from Account B1440.4 Consulting Services. Moved: Ms. Zahler Seconded: Mr. Boggs MOTION TABLED. *Resolution 2021-53: Approval Of Minutes RESOLVED that the Ulysses Town Board approves the minutes from Town Board meetings held January 6, 2021 and January 12, 2021. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 1/26/21 February 9th, 2021: Regular Town Board Meeting *Resolution 2021-54: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for February 9, 2021 with the addition of a resolution to approve the adjusted EMS/Fire payments. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Olson moved to add a resolution to approve an ad hoc committee to study potential annexation. This was seconded by Mr. Boggs. Ms. Zahler also moved to remove the budget modification approval from the agenda and to add a meeting to hold an Executive Session. Ms. Olson moved to approve the agenda as amended. This was seconded by Ms. Bouchard. Vote: Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 2/9/21 39 *Resolution 2021-55: SEQRA Negative Declaration Of Significance For The Adoption Of Local Law # 1 Of 2021: A Local Law Providing For The Creation Of A Tree Advisory Council WHEREAS, the Town Board of the Town of Ulysses, upon recommendation of the Conservation and Sustainability Advisory Committee (CSAC), considered the adoption of a local law to create a Town Tree Advisory Council and provide for its duties and procedures; and WHEREAS, the Town Board has before it a draft local law entitled “A Local Law Providing for a Tree Advisory Council”; and WHEREAS, the Town Board on February 9, 2021 has conducted a public hearing on said draft local law; and WHEREAS, The Town Board has determined that the action is an Unlisted Action under 6 NYCRR Part 617 of the State Environmental Quality Review Act (SEQRA), and has declared itself Lead Agency for the purpose of conducting an uncoordinated environmental review in connection with approval by the Town; and WHEREAS, The Town Board of the Town of Ulysses, acting as the Lead agency in an uncoordinated environmental review in accordance with Article 8 of SEQRA, thoroughly reviewed the Short Environmental Assessment Form (“SEAF”), Parts I and 2, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, and WHEREAS, the Town Board has compared the proposed action with the criteria for determining significance in SEQRA 6 NYCRR 617.7; NOW THEREFORE, BE IT RESOLVED, 1. The Town Board of the Town of Ulysses, based upon its thorough review of the SEAF, Parts 1 and 2, and any and all other documents prepared and submitted with respect to this proposed Action, and in comparison with the Criteria for Determining Significance found at 6 NYCRR Part 617.7, hereby makes a negative declaration of environmental significance (“Negative Declaration”) in accordance with SEQR for the above referenced proposed Local Law to Provide for a Tree Advisory Council, and that the preparation of a Draft Environmental Impact Statement is not required; and BE IT FURTHER RESOLVED, That this determination is based on the following facts and conclusions: Adoption of the Local Law will not result in any direct action or physical change to the environment. Any changes to the environment that may occur from adoption of the Local Law would be indirect and result from future undertakings that would be permitted by the Local Law. Adoption of the Local Law is in conformance with the goals and objectives of the Town of Ulysses Comprehensive Master Plan. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 2/9/21 *Resolution 2021-56: Adopting Local Law No. 1 Of 2021 Entitled “A Local Law Providing For A Tree Advisory Council” WHEREAS, the Town has authority to adopt the local law referred to above (hereafter, “the Local Law”) pursuant to Article 9 section 1 of the New York State Constitution and section 10 of the New York State Municipal Home Rule Law; and WHEREAS, the Town Board, after due deliberation, finds it in the best interest of the Town of Ulysses to adopt said Local Law; and WHEREAS, the Local Law was introduced at the meeting of the Town Board on January 26, 2021, and the Town Board reviewed and discussed the Local Law and set a public hearing to be held by said Town Board on February 9, 2021 at 7:00 p.m. to hear all interested parties on the Local Law; and WHEREAS notice of said public hearing was duly advertised in The Ithaca Journal; and 40 WHEREAS said public hearing was duly held on said date and time and all parties in attendance were permitted an opportunity to speak and comment the Local Law; and WHEREAS, the adoption of the Local Law is an unlisted action pursuant to the New York State Environmental Quality Review Act and its implementing regulations, for which the Town Board of the Town of Ulysses acting as lead agency in an environmental review with respect to the adoption of the Local Law made a negative determination of environmental significance on February 9, 2021, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts 1, 2, and 3 prepared by the Town’s Planning staff; NOW, THEREFORE, be it hereby RESOLVED, that the Town Board of the Town of Ulysses hereby adopts said Local Law as Local Law No. 1 of 2021, entitled “A Local Law Providing for a Tree Advisory Council”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is hereby directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Ulysses, and to give timely notice of the adoption of said Local Law to the Secretary of State as required by law. A Local Law Providing for a Tree Advisory Council BE IT NOW ENACTED by the Town Board of the Town of Ulysses, in the County of Tompkins and State of New York, as follows: Section 1. Legislative Intent The Town Board recognizes the role that trees play in the town ecosystem and that they contribute to the quality of air, reduce noise and visual pollution, help to moderate climatic extremes, and conserve energy. The Town Board further recognizes the role trees play in enhancing property values and the general quality of life in the Town. In order to foster responsible planting, maintenance, or removal of trees or shrubs in the Town of Ulysses so as to promote and protect the welfare of citizens of the Town, the Town Board finds it useful and appropriate to establish a Tree Advisory Council to assist and advise the Town Board, the Superintendent of Highways, and other agencies of the Town government. Section 2. Creation and Establishment There is hereby created and established a Town of Ulysses Tree Advisory Council. The Advisory Council shall consist of not fewer than five nor more than seven members, a majority of whom are citizens and residents of the Town of Ulysses, to be appointed by the Town Board. Members of the Advisory Council shall serve terms of three years, except that the terms of the initial members of the Advisory Council shall be for one, two, or three years so as to stagger the periods of their service. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed by the Town Board for the unexpired portion of the term. Members of the Advisory Council shall serve without compensation. Members of the Advisory Council may be removed by majority vote of the Town Board for cause, including failure to attend to the affairs of the Council. The Town Board shall appoint the chair of the Advisory Council. Section 3. Rules and Procedures The Council shall meet not less than twice in a calendar year, upon call of the chair. Three members of a five person council or five members of a seven person Council shall constitute a quorum. The Council shall keep a journal of its proceedings, which journal shall be filed with the Town Clerk among the official records of the Town. Meetings of the Council shall be open to the public, and shall be conducted in person except to the extent permitted by state law by reason of a declared emergency. The Council may provide for the attendance and participation of members of the public by any appropriate means including electronic. Section 4. Duties 41 The Advisory Council may, within the limits of resources that may be made available to it, conduct an inventory of trees located upon any lands owned or controlled by the Town (“Public Trees”), including but not limited to those located upon or within the limits of the public right-of-way of Town highways. The Advisory Council may study the condition of Public Trees and formulate recommendations for the improvement of the stock of Public Trees, including good arboricultural practices, and the establishment of appropriate diversity in species and age classes in order to provide a stable and sustainable community forest. The Advisory Council may, upon its own motion, from time-to-time prepare and furnish to the Town Board a report of its observations of the state of Public Trees. The Advisory Council, upon request of the Town Board or Highway Superintendent, report, advise and recommend as to Public Trees in any particular location, or generally. The Advisory Council shall upon request of the Town Board coordinate an annual Arbor Day observance, the Town having declared the last Friday in April as Arbor Day, and shall support and assist the Town Board in the application for and obtaining of any grants or other resources that may be available to the Town from public or private funds to further the Town’s interest in promoting the community forest. The Advisory Council shall not do or undertake any act in derogation of the responsibilities of the Highway Superintendent pursuant to Highway Law Section 153 or other general state law. Section 5. Definitions Public Trees – Any trees, shrubs, bushes, and all woody vegetation on land lying within a public road, Town property, or right- of-way within the Town. Public Trees include all park trees, all road trees, and all other trees owned by the Town, located upon Town-owned property, or within the public trust of the Town. Section 6. Interpretation. This local law, and no clause hereof, creates any theory or claim of liability where none exists at law or in equity, and nothing herein alters any notices of claims as may be required by law. Section 7. Severability. Should any section or provisions of this local law be declared by any court of competent jurisdiction to be unconstitutional or invalid, such declaration shall not affect the validity of this local law as a whole, or any part thereof, other than the part so-declared to be unconstitutional or invalid. Section 8. Effective Date. This local law shall take effect immediately upon its filing with the Secretary of State. Moved: Ms. Zahler Seconded: Mr. Boggs The clerk called a roll-call vote: Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 2/9/21 *Resolution 2021-57: Authorization To Contract With Tompkins County Planning To Update Data On The Physical, Social And Economic Conditions In The Town Of Ulysses 42 WHEREAS, the Town has been informed that there is preparation of a petition pursuant to General Municipal Law section 700 for the annexation to the Village of Trumansburg of certain lands within the Town of Ulysses and outside the boundaries of the Village; and WHEREAS, such an annexation might have far-reaching consequences for the Town and its citizens; and WHEREAS, once initiated, an annexation petition proceeds according to a tight timetable set by statute potentially involving considerable legal fees for both town and village residents; and WHEREAS, at this moment the Town has received no formal requests for development of the Grassroots parcel and has taken no action in support of or opposed to the development described in the publicly distributed master plan in 2019 and WHEREAS, the Town has not had any substantive discussions with the putative petitioners or the Village of Trumansburg about a potential annexation petition and WHEREAS, if an annexation petition is lodged and the Town and Village are in disagreement about its appropriate disposition, the outcome may be settled by a proceeding before the New York State Supreme Court, Appellate Division; and WHEREAS, there may be grounds for cooperative action between the Town and the Village that would further the long-term interests of citizens of both the Town and Village; and WHEREAS, the Town wishes not to have an unnecessary quarrel with its municipal neighbor; NOW, it is hereby resolved as follows: The Town Board creates a temporary, ad hoc working committee to: immediately contact the potential petitioners to request a delay in filing the petition to enable the Town and other parties to fully investigate the potential impacts of annexation on all parties and investigate and report to the Town Board on issues that will or may arise out of the putative annexation petition; The Supervisor shall name three or more persons to constitute the ad hoc committee, at least two of whom shall be members of the Town Board; The committee shall immediately enter into contact with key stakeholders including: petitioners, appropriate officials of the Village of Trumansburg and neighbors potentially affected by the proposed annexation; The committee shall promptly seek consultation from qualified law firms with experience related to annexation and cooperative efforts that might be undertaken between the Town and Village in respect of its subject matter; The ad hoc committee shall have no authority to enter into negotiations with any person or entity or to otherwise bind or commit the Town to any expenditure or course of action. Moved: Ms. Zahler Seconded: Mr. Boggs DISCUSSION: Ms. Olson inquired as to whether the town has received any applications for that property. Mr. Zepko responded in the negative. She further inquired whether the Town Board has ever taken any action or a public position for annexation of these parcels. Ms. Parlato & Mr. Goldman reported that they do not recall this ever happening. Mr. Friedell noted that he is the Grassroots point person for this and is happy to work with the town. He said that the organization is planning on creating campgrounds. He also added that they are working on submitting a dual annexation petition with PRI (for Smith Woods) to be able to tap into the Village’s water & sewer. PRIVILEGE OF THE FLOOR: The board agreed to move this item up to hear from others on the topic of annexation. Mr. Pritts, representing PRI/Smith Woods, agrees with the concerns/process noted in the resolution. He noted that they do not have an opinion one way or another but want to be good neighbors. Ms. Kempski noted that the site is now is a campground. According to previous site plans, it may have as many as 600 sites. She further expressed concerns about increased tax costs for maintenance & services as well as issues with drainage, noise and traffic. Mr. Zepko noted the current zoning is business/residential and campgrounds are not permitted. Mr. Bonafede inquired as to whether town residents will have any say in uses on the parcel if it is annexed by the village. 43 Ms. Zahler responded that the Village will control development on these parcels and that the Town would have no authority if the land is annexed into the Village. Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 2/9/21 *Resolution 2021-58: Authorization To Contract With Tompkins County Planning To Update Data On The Physical, Social And Economic Conditions In The Town Of Ulysses WHEREAS, the Comprehensive Plan for the Town of Ulysses adopted in 2009 was an excellent document intended to guide planning for ten years and was based on data gathered in 2007-2008 and WHEREAS, the Ulysses Town Board is committed to developing an inclusive community process to review the current plan, progress toward the 2009 objectives, and will be seeking input from all sectors of our community in updating the Comprehensive Plan and charting a course for the next ten years and WHEREAS, while the Town develops its community process for updating the Comprehensive Plan, it has an opportunity to update some of the data in Appendix 3 of the 2009 Plan which describes the Current Physical, Social, and Economic Conditions by contracting with the Tompkins County Department of Planning and Sustainability and WHEREAS, the Town of Ulysses, anticipated starting the process with a data update and budgeted up to $6,000 to begin this phase of the process; and WHEREAS, the Tompkins County Department of Planning and Sustainability offered municipalities an opportunity to purchase planning services at a reduced rate to assist with local projects; and WHEREAS, the Tompkins County Department of Planning and Sustainability has notified the Town of Ulysses that we are eligible to receive planning services for 2021 to help with updating selected data in Appendix 3 of the 2009 Comprehensive Plan at a cost not to exceed $1,100; now therefore, be it RESOLVED, that the Ulysses Town Board authorize the Supervisor to enter into a contract with Tompkins County for planning services during 2021 for up to $1,100 using funds from Account B1440.4 Consulting Services. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 2/9/21 *Resolution 2021-59: Authorization To Join The Trumansburg Chamber Of Commerce WHEREAS, the Town of Ulysses supports our local businesses and wishes to support the Trumansburg Chamber of Commerce in their efforts to promote and assist area businesses; now therefore be it RESOLVED, the Town of Ulysses join the Trumansburg Chamber of Commerce at a membership fee of $40.00 for 2021 payable from the Supervisor’s CE line 1220.4 Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye 44 Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 2/9/21 *Resolution 2021-60: Approval Of Minutes RESOLVED that the Ulysses Town Board approves the minutes from Town Board meetings held January 26, 2021. Moved: Ms. Bouchard Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 2/9/21 *Resolution 2021-61: Approval Of Claims RESOLVED that the Ulysses Town Board has reviewed and approves of payment of claims for: HA (WD3 Aerator Capital Fund) fund vouchers numbered 30 and 31 in the amount of $253.20; HB (Cemetery Bridge Replacement Capital Fund) fund voucher number 17 in the amount of $230.00; and for all other funds vouchers numbered 22 through 72 in the amount of $495,580.27 Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 2/9/21 *Resolution 2021-62: Pay Fire/Ems In Two Payments WHEREAS, Tompkins County has secured a Bridge NY Grant, administered by the Town of Ulysses (“Town”) as the fiscal agent, for the renovation and reconstruction of the bridge on Cemetery Rd. near the intersection with Lake St. (“Bridge Project”); and, WHEREAS, the Town and the Village of Trumansburg (“Village”) routinely share ongoing maintenance of Cemetery Rd. and the aforementioned bridge; and, WHEREAS, the opportunity exists for the Village to improve water main connections in and around the bridge as a result of the Bridge Project; and, WHEREAS, the Bridge NY Grant is a reimbursable grant which requires the Town to maintain excess cash on hand for cash flow purposes related to the Bridge Project; and, WHEREAS, the Town has requested that it be allowed to pay the Village monies due for contracted Fire protection and EMS coverage for calendar year 2021 in two payments instead of the single payment required by the Fire and EMS contracts; and, WHEREAS, the Town requested that the Village accept a first payment for the 2021 Fire and EMS contracts in the amount of $388,610.00, payable the week of February 8, 2021, and a second payment for the 2021 Fire and EMS contracts in the amount of $259,073.00, payable no later than upon substantial completion of the Bridge Project; and, WHEREAS, the Village believes that it is in the overall public interest and in the best interests of the Village to facilitate the reconstruction of the Cemetery Rd. bridge and improve Village water main connections in the process; and 45 WHEREAS, the Village of Trumansburg Board of Trustees voted on February 8, 2021 to grant to the Town of Ulysses the ability to pay for contracted Fire protection and EMS coverage in two payments, as previously described, as a one-time exception to the 2021 Fire and EMS contracts; NOW THEREFORE BE IT RESOLVED, that the Town of Ulysses acknowledges its appreciation to the Village of Trumansburg Board of Trustees and commits to pay for contracted Fire protection and EMS coverage in two payments, as previously described, as a one-time exception to the 2021 Fire and EMS contracts; and be it FURTHER RESOLVED, that all other terms and conditions of the 2021 Fire and EMS contracts between the Town of Ulysses and the Village of Trumansburg remain unaltered and in-force. Moved: Ms. Zahler Seconded: Ms. Bouchard Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 2/9/21 February 11th, 2021: Special Town Board Meeting *Resolution 2021-63: Budget Modifications RESOLVED that the Ulysses Town Board approves the following budget modifications: A Fund A1110.1 JUSTICE - PERSONNEL SERVICES INCREASE .50 Due to rounding rule differences between Excel and WLB A1110.11 JUSTICE - JUSTICE 2 PERSONNEL SERVICES INCREASE .25 Due to rounding rule differences between Excel and WLB A1110.12 JUSTICE CLERK PERSONNEL SERV INCREASE .12 Due to rounding rule differences between Excel and WLB A1110.4 JUSTICE - CONTRACTUAL DECREASE .87 Balance after modification $6846.94 * A1220.1 SUPERVISOR - PERSONNEL SERVICES INCREASE 470.01 Balancing out PS lines within Supervisor Office roles. Related to 2020 transition. A1220.13 BUDGET OFFICER PERS SERV INCREASE 580.64 Balancing out PS lines within Supervisor Office roles. Related to 2020 transition. A1220.12 DEPUTY SUPERVISOR PERS SERV DECREASE 1,050.65 Balance after modification 369.35 46 * A1620.4 TOWN HALL - CONTRACTUAL INCREASE 101.06 Increased costs associated with COVID-19 emergency A1650.4 CENTRAL COMMUNICATION - CONTRACTUAL INCREASE 1,132.50 Increased costs associated with COVID-19 emergency A1670.4 PRINTING & MAILING - CONTRACTUAL DECREASE 1,233.56 Balance after modification $260.26 * A1620.41 TOWN HALL - CE: EV Charging Station INCREASE 923.00 Unexpected charge pertaining to EV charging station. A1990.4 CONTINGENCY ACCOUNT DECREASE 923.00 Balance after modification $2,400.43 A Fund: Budget modifications continued A5010.1 HIGHWAY SUPERINTENDENT - PERSONNEL SERVS INCREASE .32 Due to rounding rule differences between Excel and WLB A5132.4 HIGHWAY BARN - CONTRACTUAL INCREASE 2,450.25 Anticipated budget modification due to known and planned underspending in 5132.2 A5132.2 HIGHWAY BARN - EQUIPMENT DECREASE 2,450.57 Balance after modification $17,436.38 * A7020.13 RECREATION PS - FALL CAMP STAFF INCREASE 1,533.75 This PS line was created based on the ever-changing recreation program A7020.11 RECREATION PS-DIRECTOR DECREASE 1,533.75 Balance after modification $5,294.76 B Fund B3620.4 ENFORCEMENT OFFICER - CONTRACTUAL INCREASE 270.00 Increased expenses pertain to transition to new Code Officer B3620.1 ENFORCEMENT OFFICER - PERSONNEL SERVICES DECREASE 270.00 Balance after modification $2,627.68 * B8010.1 ZONING - PERSONNEL SERVICES INCREASE .04 Due to rounding rule differences between Excel and WLB B8021.1 PLANNER - PERSONNEL SERVICES INCREASE .04 Due to rounding rule differences between Excel and WLB 47 B8020.1 PLANNING/ZONING CLERK - PERSONNEL SERV DECREASE .08 Balance after modification $3,845.48 * B-9901.9 TRANSFER TO OTHER FUNDS INCREASE 2,489.01 Loan to Water District 1 in order to close out year with non-negative fund balance. B1990.4 CONTINGENCY DECREASE 2,489.01 Balance after modification $3,829.49 DB Fund DB5110.1 HIGHWAY MAINTENANCE - PERSONNEL SERVICES INCREASE 12,340.65 With transition to new Highway Superintendent, an increase in maintenance work; please note that the 2021 budget reflects this increase. Please refer further questions to the Highway Superintendent. DB5110.4 HIGHWAY MAINTENANCE - CONTRACTUAL DECREASE 12,340.65 Balance after modification $15,193.31 * DB9030.8 SOCIAL SECURITY INCREASE 162.06 Due to overage in PS line above DB9050.8 UNEMPLOYMENT INSURANCE INCREASE 153.90 Unknown, unbudgeted expense DB9040.8 WORKER'S COMPENSATION DECREASE 315.96 Balance after modification $3,345.54 HA Fund HA1620.25 BANK FEES INCREASE 15.00 Unbudgeted expense HA1620.22 LEGAL & BONDING CE DECREASE 15.00 Balance after modification $5,719.79 SW1 Fund SW1-1420.4 ATTORNEY - CONTRACTUAL INCREASE 3,323.70 Unforeseen attorney fees specific to WD1 SW1-8320.4 WATER PURCHASES - CONTRACTUAL INCREASE 201.49 Increased water use SW1 Fund Balance DECREASE 3,525.19 Anticipating fund balance loan from the B fund. SW3 Fund SW3-8320.4 WATER PURCHASES - CONTRACTUAL INCREASE 11,595.37 SW3-2140 (the revenue side of this expense: billing customers) was over the budgeted amount by $8,922.94, that overage will go into fund balance. 48 SW3 Fund Balance DECREASE 8,922.94 See above SW3-8330.4 WATER PURIFICATION - CONTRACTUAL DECREASE 2,672.43 Balance after modification $2,327.57 SW3-8340.4 WATER TRANSPORT & DISTR - CONTRACTUAL INCREASE 2,286.52 Overage of budgeted amount, increased testing schedule. SW3-8330.4 WATER PURIFICATION - CONTRACTUAL DECREASE 2,286.52 Balance after modification $41.05 * SW3-9040.83 WORKER'S COMPENSATION INCREASE 970.04 Hard to estimate number for workers comp by fund, overage on estimate from budget creation season. SW3-9010.8 WD3 NYS RETIREMENT DECREASE 700.63 Balance after modification $0.00 SW3-9030.83 SOCIAL SECURITY DECREASE 269.41 Balance after modification $245.88 * SW3-9901.9 TRANSFER TO OTHER FUNDS INCREASE 5,665.00 Budgetary function to account for transfer to A fund for Clerk’s office WD3 administration SW3-8310.4 WATER ADMINISTRATION - CONTRACTUAL DECREASE 5,665.00 Balance after modification $1,200 SW4 Fund SW4-8320.4 WATER PURCHASES - CONTRACTUAL INCREASE 295.00 Overage in water purchases. SW4 Fund Balance DECREASE 295.00 Fund balance is the only place to take this from, adequate fund balance available. * SW4-9901.9 TRANSFER TO OTHER FUNDS (A FOR ADMIN) INCREASE 287.00 Budgetary function to account for transfer to A fund for Clerk’s office WD4 administration SW4-8320.4 WATER PURCHASES - CONTRACTUAL DECREASE 287.00 Balance after modification $0.00 Moved: Mr. Goldman Seconded: Ms. Bouchard Discussion: Ms. Bouchard asked why there are so many small modifications. Ms. Wright explained that the rounding rules in Excel and Williamson (accounting software) are different which necessitated the small adjustments. Mr. Boggs asked about the EV charging station; Ms. Zahler said the Conservation and Sustainability Advisory Council (CSAC) is looking into this. Mr. Boggs also asked about Water District 1 – there is a loan taken out, how long will it take to pay back? Ms. Wright explained there 49 were unplanned expenses working with CARS and Water District 1. The board will need to decide how they would like to pay for Water District 1 attorney costs. Ms. Zahler explained that the attorney expenses relate to the new contracts being developed for users in the water district. Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 2/11/21 February 23rd, 2021: Regular Town Board Meeting *Resolution 2021-64: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for February 26, 2021 with the moving up of the old business items, and addition of discussion of the bookkeeper search. Moved: Ms. Zahler Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 2/23/21 *Resolution 2021-65:Acknowledging Receipt Of Electric Vehicle (EV) Charging Report And Adoption Of Fee-Charging Pilot WHEREAS, the Town of Ulysses is committed to reducing carbon emissions to protect our environment and WHEREAS, by taking a number of energy saving steps through the Clean Energy Communities initiative through New York State, the Town receive grant funding to install and operate a charging station for electric vehicles at Town Hall for cost by community members and tourists and WHEREAS, the three-year operating grant subsidizing the software program needed to gather and analyze use and process payments, ended in 2020 and the Town Board wishes to continue the EV Charging stations as a user-funded service and WHEREAS, the Town Board tasked the Conservation and Sustainability Advisory Committee (CSAC) with researching background on EV Charging Policies and costs to enable the Town to implement a policy and user fees during 2021, and WHEREAS, CSAC has reviewed the historical charging data, conducted research to answer the questions posed by the Town Board, now therefore be it RESOLVED, that the Ulysses Town Board acknowledges receipt of, and appreciation for the report from CSAC on EV Charging Policy Options and further RESOLVED, that the Ulysses Town Board task the Town Clerk and Supervisor to recommend specific rate recommendations to the Town Board by March 9, 2021 along with a recommended timetable for implementation, and further RESOLVED, that the Ulysses Town Board begin charging for an EV fee-charging pilot program beginning April 1, 2021 through December 31, 2021, to be evaluated in September for 2022, based on 2021 experience, and further RESOLVED, that the fees will be publicized to alert users to the new policy. Moved: Ms. Bouchard Seconded: Mr. Goldman 50 Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 2/23/21 *Resolution 2021-66: Authorization To Pursue Bridge Ny Funding To Replace Curry Road Bridge And To Repair The Maplewood Road Hairpin Curve WHEREAS, the Highway Superintendent and Deputy Town Supervisor have determined that the condition of existing Curry Road bridge and the culvert at the hairpin turn on Maplewood Road are in serious need of replacement to assure that vehicles traveling on these town roadways are safe and WHEREAS, New York State funds an infrastructure improvement program that provides 95% of the cost for eligible projects through BridgeNY and WHEREAS, there is $8,000 available in the DA account for Engineering Consulting and WHEREAS, the Highway Superintendent and Deputy Supervisor recommend that the Town should pursue funding in the upcoming cycle for both projects by seeking assistance from a qualified engineering firm to prepare the application, now therefore be it RESOLVED, that the Ulysses Town Board authorizes the Highway Superintendent and Deputy Supervisor to seek interested and qualified firms to assist with the preparation of grant applications and further RESOLVED, that the Ulysses Town Board will need to review and approve any applications for grant funding that clearly identify any local share commitments before an application may be submitted. Moved: Ms. Zahler Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 2/23/21 *Resolution 2021-67: Authorizing A Temporary Increase In The Hours Of Deputy Supervisor WHEREAS the Town of Ulysses will have a vacancy in the Supervisor-appointed Bookkeeper position, which is essential for accounting for revenue and expenses and paying bills as well as other critical aspects of the Town’s operation; and WHEREAS, 2nd Deputy Supervisor Michelle E. Wright is willing to temporarily take on the duties of the Bookkeeper until a permanent Bookkeeper can be appointed by the Supervisor; NOW THEREFORE BE IT RESOLVED that the Ulysses Town Board authorizes an increase in hours for Michelle E. Wright, from 32 to 40 hours/week, starting March 7th, 2021 on a temporary basis at the current Deputy Supervisor hourly equivalent rate of $26.26 until a permanent Bookkeeper is appointed. Moved: Ms. Zahler Seconded: Ms. Bouchard Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye 51 Vote: 5-0 Date Adopted: 2/23/21 *Resolution 2021-68: Appointment Of Representative To Tompkins County Broadband Advisory Committee WHEREAS, the Town of Ulysses is contributing to a countywide study of broadband access to improve fast, reliable and affordable access to the internet for all interested residents and businesses and WHEREAS, contributing municipalities may appoint a representative to the Broadband Advisory Committee, now therefore be it RESOLVED, that the Ulysses Town Board hereby appoints Linda Liddle to represent the Town of Ulysses on the Broadband Advisory Committee. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 2/23/21 *Resolution 2021-69: Approval Of Minutes RESOLVED that the Ulysses Town Board approves the minutes from Town Board meetings: Special Town Board meeting February 8, Public Hearing on Tree Law Feb 9, 2021, Regular Town Board meeting Feb. 9, 2021, and Special Town Board meeting on Feb.11, 2021 Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 2/23/21 March 9th, 2021: Regular Town Board Meeting *Resolution 2021-70: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for March 9, 2021 with the change of moving up the discussion of town parking. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye 52 Vote: 5-0 Date Adopted: 3/9/21 *Resolution 2021-71: Authorization To Pursue Bridge Ny Funding To Replace Durling Road Bridge WHEREAS, the County Highway Manager has recommended and the Highway Superintendent and Deputy Town Supervisor have concurred that the condition of existing Durling Road bridge is in serious need of replacement to assure that vehicles traveling on these town roadways are safe and WHEREAS, New York State funds an infrastructure improvement program that provides 95% of the cost for eligible projects through BridgeNY and WHEREAS, there is $8,000 available in the DA account for Engineering Consulting and WHEREAS, the Highway Superintendent and Deputy Supervisor recommend that the Town should pursue funding in the upcoming cycle for the Durling Road Bridge project by seeking assistance from a qualified engineering firm to prepare the application, now therefore be it RESOLVED, that the Ulysses Town Board authorizes the Highway Superintendent and Deputy Supervisor to seek interested and qualified firms to assist with the preparation of grant applications and further RESOLVED, that the Ulysses Town Board will need to review and approve any applications for grant funding that clearly identify any local share commitments before an application may be submitted. Moved: Ms. Zahler Seconded: Mr. Boggs DISCUSSION: It was noted that this project can be incorporated into the Curry Road Bridge project. Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 3/9/21 *Resolution 2021-72: Approving Execution And Delivery Of A Certain Encroachment Agreement With Hoffarcor, Inc. WHEREAS, the Town by deed of Oiva Vesa and Marcia L. Vesa dated June 28, 1984 and recorded August 1, 1984 in the Office of the Tompkins County Clerk at Liber 603 of Deeds at Page 400 owns property on which it maintains a parking lot serving the Town Hall (the “Property”); and WHEREAS, a portion of the paving of said parking lot encroaches upon land at 38 East Main Street owned by Hoffarcor, Inc.; and WHEREAS, steps serving the Hoffarcor property encroach upon the Property; and WHEREAS, Hoffarcor in conjunction with a projected sale of the property at 38 East Main Street has requested that the Town enter into an encroachment agreement by which each party acknowledges the correct boundary between their respective properties and whereby each party permits the other to continue its encroachment; and WHEREAS, counsel for the Town has reviewed and approved a certain Encroachment Agreement proposed by Hoffarcor; and WHEREAS, it is deemed in the best interest of the Town to resolve any potential disagreement in good neighborly fashion; NOW, it is hereby RESOLVED, that the Town Board approves the entry by the Town of a certain Encroachment Agreement and authorizes and requests that the Supervisor of the Town execute and deliver said Encroachment Agreement and related documents as the act of the Town. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye 53 Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 3/9/21 *Resolution 2021-73: Approval Of Public Employee Emergency Plan For Communicable Diseases WHEREAS, a Public Employee Emergency Plan for the Town of Ulysses has been developed in accordance with the amended New York State Labor Law section 27-c and New York State Education Law paragraphs k and l of subdivision 2 of section 2801-a (as amended by section 1 of part B of chapter 56 of the laws of 2016), as applicable and, WHEREAS, the draft was provided to Teamsters Local 317 on February 4th, 2021 for feedback as required by the amended New York State Labor Law and WHEREAS, the draft plan was reviewed by the members of Teamsters Local 317 on March 9, 2021 and WHEREAS, no content of this plan is intended to impede, infringe, diminish, or impair the rights of us or our valued employees under any law, rule, regulation, or collectively negotiated agreement, or the rights and benefits which accrue to employees through collective bargaining agreements, or otherwise diminish the integrity of the existing collective bargaining relationship, NOW THEREFORE BE IT RESOLVED, that the Ulysses Town Board hereby approves this Public Employee Emergency Plan of 2021 and further RESOLVED, that the Ulysses Town Supervisor is hereby authorized to sign the approved plan and submit the final document to New York State as required by April 1, 2021 and further RESOLVED, that the approved plan shall be distributed to each employee of the Town of Ulysses. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 3/9/21 *Resolution 2021-74: Approval Of Minutes RESOLVED that the Ulysses Town Board approves the minutes from Town Board meetings: February 23, 2021 and Special Town Board Meeting for Advice of Counsel on February 26, 2021. Moved: Ms. Zahler Seconded: Ms. Bouchard Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 3/9/21 *Resolution 2021-75: Approval Of Claims RESOLVED that the Ulysses Town Board has reviewed and approves of payment of claims for: HA (WD3 Aerator Capital Fund) fund voucher #32 in the amount of $287.50; HB (Cemetery Bridge Replacement Capital Fund) fund voucher #18 in the amount of $17,798.75; All other funds vouchers #73 through 124 in the amount of $101,273.18 54 Moved: Ms. Zahler Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 3/9/21 March 23rd, 2021: Regular Town Board Meeting *Resolution 2021-76: Approval Of Additional Item For Agenda BE IT RESOLVED that the Ulysses Town Board add a community aggregation resolution to the agenda. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson absent Mr. Boggs nay Mr. Goldman aye Ms. Bouchard aye Vote: 3-1 Date Adopted: 3/23/21 *Resolution 2021-77: APPROVAL OF Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda as amended for March 23, 2021, using a consent agenda format to adopt two resolutions in one motion. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Zahler aye Ms. Olson absent Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 4-0 Date Adopted: 3/23/21 *Resolution 2021-78, A & B: A. Acknowledging The Upcoming Bid Process For Cemetery Road Bridge (BIN 3210360) Replacement Project And Commitment To Match Bid Opening Date As Advertised WHEREAS, advertisement for bids for the Cemetery Road Bridge Replacement Project partially funded by the BRIDGE NY program will be posted per Town Procurement Policy and New York State Law; and WHEREAS, the NYSDOT will provide the Authorization to Advertise required to go out to bid; and WHEREAS, at the time of this meeting, NYSDOT Authorization to Advertise is imminent; and WHEREAS, it is necessary to advertise as soon as possible once Authorization is received; and WHEREAS, the bid packet must include the bid opening date, which is subject to open meetings law; Now therefore be it 55 RESOLVED, that the Ulysses Town Board acknowledges the upcoming bid process for the Cemetery Road Bridge Replacement Project; and FURTHER RESOLVED, that the Town Board, in order to ensure timely bid advertisement, authorizes the Town Supervisor to schedule the bid opening date in coordination with the Town Clerk and design engineers upon receipt of the Authorization to Advertise; and FURTHER RESOLVED, that at the April 13th Town Board meeting the Town Board will officially set the bid opening date to match the date that listed in the bid packet as advertised. B. Acknowledging Supervisor’s Part-Time, Temporary Appointment Of Debby Kelley As Bookkeeper WHEREAS, the Ulysses Town Supervisor is authorized by NYS Town Law to appoint a Bookkeeper to assist with bookkeeping, payroll, and employee benefits management and WHEREAS, while the Supervisor’s office is searching for a new Bookkeeper, there are routine accounting functions that can be done by a part-time, temporary bookkeeper to keep the Town’s finances up to date and WHEREAS, the Second Deputy Supervisor has found a well-qualified bookkeeper with experience in the Town’s accounting software and the Supervisor has appointed Deborah Kelley to the position of Bookkeeper on a part-time, temporary basis as of March 17, 2021 for up to 15 hours/week at an hourly rate of $24/hour to prepare monthly financial reports and other accounting duties as assigned, Now therefore be it RESOLVED, that the Ulysses Town Board acknowledges the Supervisor’s appointment of Deborah Kelley as Bookkeeper on a part-time temporary basis starting March 17, 2021 at a salary of $24.00/hour for up to 15 hours per week, which does not include any paid time off benefits or health insurance. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson absent Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 4-0 Date Adopted: 3/23/21 *Resolution 2021-79 Acknowledging The Professional Engineer Consultant Selected To Assist With The 2021 Bridge NY Applications WHEREAS, resolutions 2021-66 and 2021-71 authorized the pursuit of engineering firms to assist in the preparation for the 2021 BRIDGE-NY round of funding applications for two culverts and a bridge; and WHEREAS, all fifteen engineering firms on the NYSDOT Local Design Services Agreement (LDSA) list for region 3 were contacted to solicit expressions of interest; and WHEREAS, all eleven firms that submitted interest were evaluated using the standard matrix provided in Chapter 6 of the Procedures for Locally Administered Federal Aid Projects (LAFAP); and WHEREAS, the four highest scoring engineering firms were contacted to confirm their ability to meet the application deadlines, including the pre-submission review deadline; and efforts were made to check references; Now therefore be it RESOLVED, that the Ulysses Town Board confirms that the engineering firm Barton & Loguidice is selected to assist the Town in applying for the 2021 BRIDGE-NY funding. Moved: Ms. Zahler Seconded: Mr. Boggs Mr. Boggs expressed concern about having too many bidders and quantity over quality and wondered if we have available funds to use before the grant funds are received. 56 Ms. Wright noted that the process is prescribed through NYS and the town was obligated to send the bid out to 15 engineers. She further commented on the funding. Ms. Zahler aye Ms. Olson absent Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 4-0 Date Adopted: 3/23/21 *Resolution 2021-80: Supporting Park Foundation Grant To Research Community Choice Aggregation WHEREAS, Municipalities active in the Tompkins County Council of Governments have formed an Energy Committee to research and promote Community Choice Aggregation as a means of securing reliable electricity from renewable sources at lower costs for their residents, in the same way that the Greater Tompkins Health Consortium has negotiated lower health care costs for participating municipalities; and WHEREAS, the Energy Committee is seeking funding from the Park Foundation to do more technical research on the feasibility, administration, and costs related to offering Community Choice Aggregation to municipalities in Tompkins County; now therefore be it RESOLVED, that the Town of Ulysses join the Towns of Ithaca, Caroline, Danby, Dryden, Enfield, Newfield, City of Ithaca and Village of Trumansburg in supporting the funding request to the Park Foundation and further RESOLVED, support for the proposal does not automatically commit the Town of Ulysses to participation in Community Choice Aggregation. If the proposal is funded and the research results in a proposal to join a collaborative to collectively bargain for renewal electricity on behalf of their residents, the Town of Ulysses will evaluate the proposal to determine the costs and benefits to Ulysses residents before deciding whether or not to join such a collaborative. DISCUSSION: Mr. Boggs noted that he is not in favor of community choice aggregation due to his concern that it might result in higher energy prices. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson absent Mr. Boggs absent (technical difficulties) Mr. Goldman aye Ms. Bouchard aye Vote: 3-0 Date Adopted: 3/23/21 *Resolution 2021-81: Approval Of Minutes RESOLVED that the Ulysses Town Board approves the minutes from the March 9, 2021 Town Board meeting. Moved: Ms. Bouchard Seconded: Mr. Goldman Ms. Zahler aye Ms. Olson absent Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 4-0 Date Adopted: 3/23/21 57 March 30th, 2021: Special Town Board Meeting *Resolution 2021-82: Moving Sunbeam Candles Project To Creation Of A Development District Resolved that the Ulysses Town Board move the Sunbeam Candles project to the next step in creating a development district. Ms. Zahler nay Ms. Olson nay Mr. Boggs nay Mr. Goldman nay Ms. Bouchard abstain (Recusal based on conflict of interest as stated on 3/23/21) Vote: 4-0 Motion Failed. April 13th, 2021: Regular Town Board Meeting *Resolution 2021-83: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for April 13, 2021. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 4/13/21 *Resolution 2021-84: Approval Of Budget Modifications Resolved that the Ulysses Town Board approve the following budget modifications: A FUND BUDGET MODIFICATIONS A1910.4 LIABILITY INSURANCE INCREASE $ 419.57 Final insurance premiums received after adoption of 2021 budget. Increase due to a more extensive and complete coverage policy. A1990.4 CONTINGENCY ACCOUNT DECREASE $419.57 First use of the contingency account for the 2021 financial year, balance after this modification = $39,580.43 HA FUND BUDGET MODIFICATIONS At the time of the 2021 budget creation, it was believed that this capital project would have been completed by the end of 2020. Please note that this project is still within budget. These figures all represent carry over from planned 2020 activity that will occur in 2021 instead. Please note that if project estimates for close out increase from the current estimates, there will be future budget modifications required. HA1620.21 ENGINEER CE INCREASE $5,697.50 Increase in additional services category of project for increased MRB time. HA1620.22 LEGAL & BONDING CE INCREASE $2,400 Estimated amount to close out project with Municipal Solutions. This line is still under budget. HA1620.23 CONSTRUCTION CE INCREASE $65,080 Outstanding items related to construction: $51,080 G&M, $14,000 Aqualogics 58 HA3097 STATE AID – CAPITAL PROJECTS INCREASE $47,220 This is the 25% retainage that we will receive from EFC upon project close out. HA915 FUND BALANCE INCREASE $25,957.50 Unspent funds obtained in 2020 result in fund balance. This entire fund balance is available for use in the 2021 financial year/project close out, balance after this use = $8,267.72 HB FUND BUDGET MODIFICATIONS HB1620.21 ENGINEER CE INCREASE $38,287.52 This is a budgeted expense. During the 2020 budgeting season, engineer design work was expected to be complete at the end of 2020. This action moves this expense and related revenue below into the 2021 financial year. HB3097 ST AID - CAPITAL PROJECTS INCREASE $36,373.14 95% funded by BRIDGE-NY grant. HB2397 CAPITAL PROJECTS-OTHER LOCAL GOVERNMENTS INCREASE $1,914.38 Per MOU, this project is 5% funded by Tompkins County, the owner of the Cemetery Road Bridge. Moved: Ms. Zahler Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 4/13/21 *Resolution 2021-85: Approval Of Claims RESOLVED that the Ulysses Town Board has reviewed and approves payment of claims for: HB (Cemetery Bridge Replacement Capital Fund) fund voucher 19 in the amount of $2,916.93; and for all other funds vouchers numbered 125 through 176 in the amount of $66,187.63 Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 4/13/21 *Resolution 2021-86 A-C: Approval Of April 13 2021 Consent Agenda Items WHEREAS, the Ulysses Town Board has reviewed the Consent Agenda items below now therefore be it RESOLVED that the Ulysses Town Board approves the following Consent Agenda actions A-C: 59 A: Naming of Responsible Local Official (RLO) and Equitable Business Opportunity (EBO) Log-in Holder for Purposes of Representing the Town of Ulysses to New York State Department of Transportation for the Cemetery Road Bridge Replacement Project BE IT RESOLVED, that the Ulysses Town Board authorizes the Town Supervisor Nancy Zahler to be the Responsible Local Official (RLO) for purposes of representing the Town of Ulysses to the New York State Department of Transportation for the Cemetery Bridge Replacement Project, project ID number 375659 and BIN number 3210360; and FURTHER RESOLVED, that the Town Supervisor Nancy Zahler is authorized to designate Michelle E. Wright, Deputy Supervisor, as the EBO log-in holder. B: Contribution to the Class of 2021 Graduation Banners WHEREAS, the Ulysses Town Board is proud of the students graduating from Charles O. Dickerson High School in June 2021 after studying under the challenging circumstances imposed by the year-long coronavirus pandemic and WHEREAS, the Ulysses Town Board wishes to join parents, community members, and the Village of Trumansburg in celebrating this significant accomplishment by mounting banners with the name and photograph of each graduate on streetlight brackets in the Village of Trumansburg, and WHEREAS, the estimated cost of $2,500 for banners is not a typical expense included in the Trumansburg Central School’s annual budget; Now Therefore Be It RESOLVED, that the Ulysses Town Board appropriate $250 from the Celebrations Account A7550.4 payable to the Trumansburg Central School District solely for the purpose of purchasing graduation banners for the Class of 2021 graduating seniors. C: Extending Bicentennial Congratulations to the Town Boards of Enfield and Ithaca WHEREAS members of the Town Board of the Town of Ulysses have recently read the informative booklet, “Explaining Tompkins: Its Growth and Government” published by the Tompkins County Historical Commission; and WHEREAS the Ulysses Town Board has become more aware of the role Ulysses played in the evolution of Tompkins County; and WHEREAS the Town Board notes that on March 16, 1821, the Town of Ulysses offered up portions of our town to allow for the formation of the Town of Ithaca and the Town of Enfield; Now Therefore Be It RESOLVED, the Town Board of the Town of Ulysses apologizes for missing your actual birthdates, but hereby extends to each of her offspring congratulations as you celebrate your 200th Birthday! Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 4/13/21 *Resolution 2021-87: Setting A Public Bid Opening Date And Designation Of Individuals Authorized To Open Bids For The Cemetery Road Replacement Project WHEREAS, the Town of Ulysses has received BRIDGE-NY grant funding to replace the bridge on Cemetery Road, project ID number 375659 and BIN number 3210360, owned by Tompkins County and located in the Village of Trumansburg, and WHEREAS, advertisement for bids for the project will be posted per Town Procurement Policy and New York State Law; now therefore be it RESOLVED, that the Ulysses Town Board sets a public bid opening date of May, 14th at 2:30pm; and RESOLVED that the Ulysses Town Clerk will advertise the bid opening in adherence to State law, and 60 FURTHER RESOLVED that the Ulysses Town Board designates the Town Clerk and the Town Deputy Clerk to open the bids at the May, 14th at 2:30pm public meeting. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 4/13/21 *Resolution 2021-88: Authorizing Pursuit Of 2021 Clean Energy Community Initiatives WHEREAS, at the request of the Ulysses Town Board, the Conservation and Sustainability Advisory Committee (CSAC) has reviewed the various high-impact actions that Clean Energy Communities may take to qualify for points leading to incentive grants to support additional climate saving measures; and WHEREAS, the CSAC recommends and is willing to provide leadership for the completion of the following actions: Advanced Benchmarking of our energy use in Town Buildings to earn 200 points Clean Energy Upgrades to document reduced Green House gases from upgrades to earn 500 100% Renewable Electricity to earn 500 points Cobra Head LED Streetlights to earn 700 points Community Campaign to Promote Heat Smart – energy savings initiative to earn 200 points Community Campaign to Promote Community Solar enrollments earn 200 points and WHEREAS, the Town Clerk’s office is willing to assist Roxanne Marino and Mary Bouchard with the data gathering and campaign promotion needed to successfully implement the actions; Now Therefore be it RESOLVED, that the Ulysses Town Board extends its appreciation to the CSAC members for recommending an achievable action plan to implement the action items above; and further RESOLVED, that the Town Board authorizes the CSAC and Clerk’s office to conduct the recommended initiatives on behalf of the Town of Ulysses; and further RESOLVED, that the Town Board authorizes up to $800 for the printing and mailing of post cards to promote the community campaigns from 2021 funds available to the Sustainability Committee ($300) and Town Supervisor Contractual Expense for Contingency ($500); and further RESOLVED, that the Ulysses Town Board requests that CSAC make a report to the Town Board and public on the results of their efforts. Moved: Ms. Zahler Seconded: Ms. Bouchard Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 4/13/21 61 *Resolution 2021-89: Proclaiming April 19-26,2021 Arbor Week And Recognizing Earth Day In Ulysses WHEREAS, the Town of Ulysses Comprehensive Plan highlights in its Vision Statement pride in the natural environment, and, with several of its policy objectives, puts forth the intention to honor, preserve, and celebrate the Town’s natural resources and beauty, as well as to promote efforts to support sustainability, and WHEREAS, the Arbor Day holiday, first proposed in 1872 by J. Sterling Morton as a special time set aside for the planting of trees, is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of precious topsoil, cut heating and cooling losses, moderate the temperature, produce essential oxygen, cleanse the air, and provide habitat for wildlife, and WHEREAS, trees are an important renewable resource that enhances property values and economic vitality for businesses and agriculture within the community, and are a source of joy and spiritual renewal wherever they are planted, now therefore be it RESOLVED, upon recommendation of the Town of Ulysses Conservation and Sustainability Advisory Committee, that the Ulysses Town Board does hereby proclaim April 19-26th, 2021 as Arbor Week, an expansion of National Arbor Day, and that All citizens are encouraged to join the Town Board in celebrating our bountiful natural resources during this week, by planting trees to gladden the hearts of our citizenry and to promote the well-being of this and future generations, and by supporting efforts to protect our woodlands and natural environments, and Further, during Arbor Week, the Town of Ulysses officially recognizes Earth Day, April 22, 2021 and joins with governments and organizations all across the country in a united call to citizens for creativity, innovation, and ambition toward meeting the increasing environmental challenges our communities face, and to support local actions to protect and restore the health of the planet. Moved: Ms. Zahler Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 4/13/21 *Resolution 2021-90a: Approval Of Minutes RESOLVED that the Ulysses Town Board approves the minutes from Town Board meetings on March 23 and 30, 2021. Moved: Ms. Zahler Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 4/13/21 APRIL 27th, 2021: Regular Town Board Meeting *Resolution 2021-90b: Approval Of Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda as amended for April 27, 2021. Moved: Ms. Olson Seconded: Mr. Goldman 62 Ms. Zahler absent Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 4-0 Date Adopted: 4/27/21 *Resolution 2021-91: Appointment Of Tree Advisory Council Members WHEREAS, the Town of Ulysses adopted Local Law #1 of 2021 creating a Tree Advisory Council on February 9, 2021 and WHEREAS, the Ulysses Town Board asked the Conservation and Sustainability Advisory Committee, that proposed the Tree Advisory Council, to recommend members to fulfill the responsibilities outlined in the local law, NOW THEREFORE BE IT RESOLVED, upon recommendation of the Conservation and Sustainability Advisory Committee, that the Ulysses Town Board hereby appoints the following volunteers who have applied for and are eligible to serve, with terms to be decided at a future meeting: Andrew Hillmann Gregory Peck Pamela Markham Don Ellis Marvin Pritts John Wertis the elder RESOLVED, that the Ulysses Town Board hereby appoints Andrew Hillmann as chair of the Tree Advisory Council through December 31, 2021 with the terms to be determined. Moved: Ms. Olson Seconded: Mr. Goldman Ms. Zahler absent Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 4-0 Date Adopted: 4/27/21 *Resolution 2021-92: Support For Ulysses Bridge-NY Applications WHEREAS, funding programs like BRIDGE-NY recognize that infrastructure replacement costs exceed the ability of the local municipalities to maintain bridges and culverts in a timely fashion, and WHEREAS, the Town of Ulysses has demonstrated the ability to administer federally funded projects, NOW THEREFORE BE IT RESOLVED that the Ulysses Town Board enthusiastically supports the BRIDGE-NY applications for the Curry Road and Maplewood Road culverts as well as the Durling Road Bridge, and FURTHER RESOLVED that the Ulysses Town Board wishes to express appreciation to New York State Department of Transportation for administering this funding opportunity. Moved: Ms. Olson Seconded: Ms. Bouchard Ms. Zahler absent Ms. Olson aye Mr. Boggs aye Mr. Goldman aye 63 Ms. Bouchard aye Vote: 4-0 Date Adopted: 4/27/21 *Resolution 2021-93: Authorization To Provide Maintenance Safety Measures At WD#3 Water Tank - TABLED WHEREAS, the Ulysses Town Board approved expenditures related of a WIIA grant to install an aerator/mixer system to reduce chlorine biproducts from the water tank serving Water District #3 in Jacksonville that included a $15,000 allowance within the general contractor’s budget and WHEREAS, at the recommendation of the Town’s engineer MRB Associates, the Ulysses Town Board agreed in November 2020 to allow the use of up to $8000 of the contractor’s allowance to install a safety walk and guardrail on the top of the water tank to safely service the newly installed blower and vent and WHEREAS, when Aquastore, the manufacturer of the tank reviewed the draft plans for installing the maintenance safety additions approved by the Town Board, they determined that to maintain the warranty on the tank, the design needed to be changed, resulting in a price increase, including fabrication and installation, to $15,000, using the fully budgeted allowance and WHEREAS, to avoid the increased expense, the Town explored other alternatives that would allow for the safe maintenance of the rooftop blower and vent and WHEREAS, neither the Highway Department staff nor Bolton Point contractors felt they could safely perform the required maintenance safely without a catwalk and railing and WHEREAS, the estimates for relocating the newly installed roof top equipment to the ground would be more costly at $17,000- $20,000+ and would further delay the completion of the project, now therefore be it RESOLVED, upon recommendation of the Town Supervisor, that the Ulysses Town Board hereby authorizes MRB to direct the contractor to procure and install the tank-manufactured catwalk and railing for the inclusive price of $15,000, which is available within the approved grant. Moved: Ms. Olson Seconded: Mr. Goldman Discussion: Mr. Boggs explained the importance of safety since the blower will require on-going maintenance for several years. He expressed concerns about the informality of the design presented by MRB. The board discussed issues of safety, cost, time, and process. Ms. Olson requested that the board develop questions to move the process ahead quickly. The board identified the following issues to reconcile: Getting a valid design Whether the grant/contract allows working with an additional contractor Cost & safety Whether the blower can still get serviced in the meantime without safety rail… Mr. Goldman moved to table the resolutions. This was seconded by Mr. Boggs and passed unanimously. *Resolution 2021-94: Approval Of Minutes RESOLVED, that the Ulysses Town Board approve the minutes of the April 13 meeting. Moved: Mr. Goldman Seconded: Mr. Boggs Ms. Zahler absent Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 4-0 Date Adopted: 4/27/21 64 May 11th, 2021: Regular Town Board Meeting *Resolution 2021-95: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for April 27, 2021, with the deletion of the resolution that pertains to water tank/aerator safety. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 5/11/21 *Resolution 2021-96: Approval Of Budget Modifications Resolved that the Ulysses Town Board approve the following budget modifications: A FUND BUDGET MODIFICATIONS A7020.123 RECREATION PS – WINTER STAFF INCREASE $1,141.32 Evolving recreation programming in the context of COVID resulted in a higher than originally budgeted staffing expense for winter programming. A7020.124 RECREATION PS – SPRING STAFF DECREASE $1,141.32 Anticipated underspending in this line based on updates to programming plan. HB FUND BUDGET MODIFICATIONS To correct modifications approved on 4/13/21 HB1620.21 ENGINEER CE INCREASE $20,945.68 This is a budgeted expense. During the 2020 budgeting season, engineer design work was expected to be complete at the end of 2020. This action moves this expense and related revenue below into the 2021 financial year. HB3097 ST AID - CAPITAL PROJECTS INCREASE $19,898.40 95% funded by BRIDGE-NY grant. HB2397 CAPITAL PROJECTS-OTHER LOCAL GOVERNMENTS INCREASE $1,047.28 Per MOU, this project is 5% funded by Tompkins County, the owner of the Cemetery Road Bridge. (Original Modifications from the 4/13 meeting:) HB1620.21 ENGINEER CE INCREASE $35,140.59 This is a budgeted expense. During the 2020 budgeting season, engineer design work was expected to be complete at the end of 2020. This action moves this expense and related revenue below into the 2021 financial year. HB3097 ST AID - CAPITAL PROJECTS INCREASE $33,383.56 95% funded by BRIDGE-NY grant. HB2397 CAPITAL PROJECTS-OTHER LOCAL GOVERNMENTS INCREASE $1,757.03 Per MOU, this project is 5% funded by Tompkins County, the owner of the Cemetery Road Bridge. Moved: Ms. Zahler Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye 65 Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 5/11/21 *Resolution 2021-97: Approval Of Claims RESOLVED that the Ulysses Town Board has reviewed and approves payment of claims for: HA fund (Water District 3 Capital Project) vouchers 33 and 34 in the amount of $14,065.90; and for all other funds vouchers numbered 177 through 221 in the amount of $208,431.11. Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 5/11/21 *Resolution 2021-98: Approval Of Minutes RESOLVED that the Ulysses Town Board approves the minutes from Town Board meeting on April 27, 2021. Moved: Ms. Goldman Seconded: Ms. Bouchard Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 5/11/21 May 25th, 2021: Regular Town Board Meeting *Resolution 2021-99: Approval Of Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda as amended for May 25, 2021 as amended. Moved: Mr. Goldman Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 5/25/21 66 *Resolution 2021-100: Contingent Acceptance Of Bid For The Replacement Of Cemetery Road Bridge Over Trumansburg Creek (BIN 3210360) WHEREAS, the Town of Ulysses received a $932,758 BRIDGE-NY grant to design and replace the Cemetery Road Bridge, and WHEREAS, the Town of Ulysses conducted a competitive bidding process in collaboration with the Design Engineers Barton and Loguidice, and WHEREAS, Barton and Loguidice have recommended accepting the bid based on the methodology outlined in the bid specifications document, and WHEREAS, NYS Department of Transportation will provide approval to accept the bid upon review of the contract award package, and WHEREAS, Tompkins County has been made aware that the bid is over and above the original budget created by the County in the grant application and has confirmed that the local share of this project will be 100% covered by the County, and WHEREAS, the Memorandum of Understanding with Tompkins County and the Town of Ulysses will be updated as soon as possible to reflect the updated amounts, BE IT RESOLVED that the Ulysses Town Board accepts the bid received on May 14th, 2021 for $833,831 submitted by Economy Paving contingent on NYS Department of Transportation’s approval of the bid, and be it further RESOLVED that the Town Board authorizes the Supervisor to sign the contract with Economy Paving in the form to be approved by the Town Attorney. Moved: Mr. Goldman Seconded: Mr. Boggs DISCUSSION: Ms. Olson expressed concern about rising materials costs. Mr. Werner noted that the NYSDOT will cover the costs in this case. There is also contingency money that can be used for this or anything else that may come up unexpectedly. The group further discussed cash flow and timeline. Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 5/25/21 *Resolution # 2021-101: Approval Of Amendment #2 For Aerator/Mixer WIIA Grant Project #18217 WHEREAS, the Aerator/ Mixer TTHM remediation project budget of $314,800 has had some spending variations from the original line item projections and WHEREAS, MRB Group has been retained as the lead engineer on the project and WHEREAS, the Ulysses Town Board must authorize the Town Supervisor to approve any amendments to the approved project budget, and WHEREAS, MRB, Municipal Solutions, the Deputy Supervisor and Supervisor met to review revisions in the grant spending as described in the proposed Amendment #2 and WHEREAS, the Ulysses Town Board has reviewed Amendment #2, now therefore be it RESOLVED, that the Ulysses Town Board authorizes the Supervisor to approve Amendment #2 to WIIA Project $18,217. Moved: Ms. Olson Seconded: Ms. Bouchard DISCUSSION: Mr. Boggs expressed concern on the additional costs since many were out of the town’s control. Ms. Zahler aye Ms. Olson aye Mr. Boggs nay 67 Mr. Goldman aye Ms. Bouchard aye Vote: 4-1 Date Adopted: 5/25/21 *Resolution # 2021-102: Authorization Of Revised Highway Agreement #284 For 2021 WHEREAS, pursuant to section 284 of Town Highway Law, the Ulysses Highway Superintendent must annually present a summary of how Town-allocated funds for highways shall be spent, subject to Town Board approval and WHEREAS, the Town Board and Highway Superintendent agreed on a 284 plan for 2021 at the Town Board’s Organizational Meeting held January 6, 2021 and WHEREAS, the Highway Superintendent has received notification that the combined funding from New York State for CHIPS, PAVE NY and EWR will increase from the 2021 Town-budgeted amount of $89,501 to $217,165.18, and WHEREAS, the Highway Superintendent has presented an updated 284 plan showing how increased funding will be used to provide additional highway improvements in Ulysses during 2021, now therefore be it RESOLVED, that the Ulysses Town Board approves the updated Highway 284 Agreement dated May 20, 2021. Moved: Ms. Zahler Seconded: Ms. Bouchard Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 5/25/21 Resolution # 2021-103: Authorizing The Highway Superintendent To Purchase 2022 Ford F-550 WHEREAS, a total of $65,000 was budgeted for the purchase of the F-550 into the appropriation line DA5130.2 Machinery EQ in the 2021 budget, and WHEREAS, underspending on the purchase of the zero-turn mower has left a balance of $67,350 in the Machinery EQ line, and WHEREAS, the Highway Superintendent has received a quote for $67,911.82, dated 4/30/2021 with quote number 32174, for the replacement of Truck 5 (T5), F-350 flatbed, which is a planned purchase per the Highway Capital Equipment Plan for heavy duty hauling and snow plowing, WHEREAS, the overage in the balance of the Equipment EQ line of $561.82 will be covered by a budget modification from an underspent expense line at the time of payment, estimated to be late this year, and WHEREAS, the source for these purchases and quotes is a vendor who has been awarded a Contract with Onondaga County (contract # 7974), per the Town’s Procurement Policy and General Municipal Law §103(3), purchases made using County or State contracts are exceptions to competitive bidding requirements, BE IT RESOLVED that the Ulysses Town Board authorizes the Town Supervisor and Highway Superintendent to proceed with the purchase of the replacement vehicle from the Onondaga County contract not to exceed $67,912, under materially the same terms and conditions as this vendor contracted with Onondaga County. Moved: Ms. Zahler Seconded: Ms. Bouchard Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 5/25/21 68 Resolution # 2021-104: Authorizing Use Of Funds To Purchase A Replacement Fire Hydrant WHEREAS, a Town fire hydrant was damaged on May 19, 2021 and was replaced with the only stock hydrant, and WHEREAS, the Water District Operator obtained two quotes to replace the stock hydrant per the Town of Ulysses Procurement Policy, NOW, THEREFORE, BE IT RESOLVED that the Ulysses Town Board authorizes the expenditure of $2,906.48 from the SW3-8340.2 · WD3 Trans/Dist EQ equipment expense line to purchase a stock fire hydrant from Core and Main. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 5/25/21 *Resolution # 2021-105: Appointment Of Project Assistant WHEREAS, Second Deputy Supervisor Michelle E. Wright has notified the Town that she will be moving outside the Town of Ulysses; and WHEREAS, her current position requires residency in the Town of Ulysses and WHEREAS, the Ulysses Town Board and Town Supervisor wish to retain her as a valued employee of the Town while the Town re-evaluates the most appropriate approach to providing staff support for Town governance; and WHEREAS, Tompkins County Personnel has confirmed that the position of Project Assistant is a viable temporary solution; and WHEREAS, upon appointment of a Town Bookkeeper, the increased the hours assigned to Michelle E. Wright in Resolution 2021-67 to assure the Town’s bookkeeping functions are fulfilled, are no longer required, now therefore be it RESOLVED, that the Ulysses Town Board appoint Michelle E. Wright as a Project Assistant effective May 30, 2021 as a salaried employee based on a combined 32 hours a week at the original salary approved in the in the 2021 Approved Budget. Moved: Ms. Zahler Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 5/25/21 *Resolution 2021-106 Budget Modification To Reflect Revised Highway Agreement 284 & Project Assistant A FUND BUDGET MODIFICATIONS A1220.14 Supervisor Project Assistant PS INCREASE $13,444.80 This is the balance (for non-Budget Officer related work) of Michelle E. Wright’s salary for the pay period starting May 30 through the end of 2021. A1220.12 Deputy Supervisor PS DECREASE $13,444.80 This line was the account used for half Michelle’s salary, due to change in residency, moving funds for her salary for the rest of the year to the Project Assistant line, this position does not have a residency requirement. 69 The other half of her salary, coming from A1220.132 Budget Officer PS, will not need to be modified as that position does not have a residency requirement. DB FUND BUDGET MODIFICATIONS DB5112.2 Highway Capital Improvement INCREASE $ 127,664.18 Increase in CHIPS, PAVE NY, EWR funding per NYSDOT letter dated May 10th, 2021. This increase will be added to the original budgeted amount in this line of $89,501 for a modified budget total of $217,165.18. This figure is the total amount of funding available through state aid this year per the NYSDOT letter. This additional state aid will increase the Town’s capacity to conduct more permanent highway improvements in the 2021 financial year, as reflected in the 284 agreement. DB3501 NYS CHIPS (PAVE-NY, EWR) INCREASE $ 127,664.18 See above. Moved: Ms. Zahler Seconded: Ms. Bouchard Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 5/25/21 *Resolution 2021-107: Approval Of Minutes RESOLVED, that the Ulysses Town Board approve the minutes of the regular meeting held May 25, 2021 and Special Town Board meetings held May 20, 2021 to review Fire/EMS services and May 21, 2021 Executive Session for personnel matters. Moved: Ms. Bouchard Seconded: Ms. Olson Ms. Zahler aye Ms. Olson aye Mr. Boggs aye Mr. Goldman aye Ms. Bouchard aye Vote: 5-0 Date Adopted: 5/25/21 June 8th, 2021: Regular Town Board Meeting *Resolution 2021-108: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for June 8, 2021, with the change of moving up the Grassroots discussion, and the deletion of budget modifications. Moved: Goldman Seconded: Olson Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 6/8/21 70 *Resolution 2021-109: Assuring Safe Maintenance Of The Aerator Components In Water District #3 Tank WHEREAS, the Town of Ulysses secured a 60% grant from New York State to install an aerator system in the Water Tank on Van Dorn Corners Road to reduce the TTHMs and improve the quality of the water distributed to users of Water District #3 and WHEREAS, all three components of the aerator system including a mixer and sprayer inside the tank and a blower motor on the roof have been installed and are operating as expected and WHEREAS, all components will require regular maintenance during and after the warranties end in 2022 and 2025 and WHEREAS, the blower was installed on the roof per the manufacturer’s recommendation in a location that is not readily accessible from the existing tank roof safety walk and guardrail used for other periodic maintenance and WHEREAS, staff requested an additional guardrail system to safely provide annual maintenance to the blower, and WHEREAS, the Town has investigated several maintenance and safety options including a guardrail and non-skid surface which is acceptable to Town staff, a ground mounted blower with a sound dampening housing to mitigate the increased noise of having the motor next to the tank, that would preclude working on the tank roof, and purchase of an annual service contract from the manufacturer covering all replacement parts and labor by their employees who are willing to work on the roof without added safety structures and WHEREAS, the cost of $16,395 for the enhanced guardrail and non-skid surface as quoted by the contractor fits within the existing grant with a local share would be $6,558 which has already been budgeted and would make all rooftop work by Town employees or others safer, WHEREAS, the ground mounted unit with a protective sound dampening housing would cost $23,695 if built according to the manufacturer’s recommendations, exceeds the current budget but would still be eligible for 60% reimbursement leaving a local share of $9,478, which is $2,920 more than currently budgeted for the project and WHEREAS, the Town is still researching its options for on-going service and future repairs to the in-tank components by comparing the costs of a service plan and a self-funded option, now therefore be it RESOLVED, on recommendation of the Highway Superintendent who is responsible for oversight of the water tank, and concurrence of the Supervisor, that the Town of Ulysses direct its engineer MRB Group to authorize the general contractor to order and install an enhanced guardrail and non-skid surface on the tank roof at the quoted price of $16, 395 to enable Town staff and/or Bolton Point staff to safely service the roof-top blower assembly annually and further RESOLVED, that the balance of the expense beyond the $15,000 contractor’s allowance be paid for from the remaining contingency account of the approved grant and further RESOLVED, that the proposed purchase of a replacement chlorine injector pump using funds from the contingency account be deferred and RESOLVED, that the Budget Officer will make recommendations to the Town Board at a future meeting regarding how to budget for service of the in-tank components after the end of the warranties in 2022 and 2025. Moved: Bouchard Seconded: Goldman Zahler aye Olson aye Boggs nay Goldman aye Bouchard aye Vote: 4-1 Date Adopted: 6/8/21 *Resolution 2021-110: Authorization To Accept Grant From Pomeroy Foundation For Historic Marker WHEREAS, on February 5, 2021 the Town Supervisor reported to the Town Board that the Town Historian was developing proposals to request grants from the Pomeroy Foundation to fund 3 different historic markers in the Town and Historian John Wertis answered questions about the 3 proposed sites and WHEREAS, the Pomeroy Foundation notified the Town that they approved $1,140 in funding that requires no local matching funds to support one of three requests for the former Poor House, now therefore be it RESOLVED, that the Town of Ulysses accept the $1,140 and direct the Town Historian to order the approved historic marker for 3506 Perry City Road. 71 Moved: Bouchard Seconded: Olson Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 6/8/21 *Resolution 2021-111: Authorization To Implement Planner Transition Plan WHEREAS, Environmental Planner and Zoning Officer John Zepko has submitted his resignation with a last day of work on June 11, 2021 and WHEREAS, the Town needs to provide basic planning and zoning services during the interim while the Town searches for a new Planner and Zoning Officer and WHEREAS, to continue increased enforcement efforts during the transition, now therefore be it RESOLVED, that the Ulysses Town Board temporarily increase the number of hours worked by the Code and Zoning Enforcement hours from 27 to 32 hours/week starting June 14- September 17, 2021 and further RESOLVED, that the Ulysses Town Board authorize the Supervisor to hire a part-time temporary Planner to provide basic professional services to applicants and to the Planning Board and Board of Zoning appeals for approximately 10 hours/week for the period beginning June 14, 2021 through September 17, 2021 if needed, at an hourly rate between $45-50/ hour. Moved: Goldman Seconded: Olson Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 6/8/21 *Resolution 2021-112: Ratification Of Updated Town Hall COVID-19 Safety Protocols WHEREAS, the Centers for Disease Control and New York have begun to ease masking requirements and have authorized businesses and organizations to adopt their own masking policies and WHEREAS, the staff at Town Hall have all been vaccinated and have had input on the following guidelines, and WHEREAS, employees who may need to require unwilling members of the public to wear masks would find it helpful to have a Town Board sanctioned protocol to refer to, now therefore be it RESOLVED, that the Ulysses Town Board ratifies the following practices which were implemented with staff agreement effective June 1, 2021: Staff are not required to wear a mask in Town Hall when interacting with vaccinated co-workers. Employees may wish to continue to mask at their discretion. Staff are required to mask to meet with members of the public in person. Members of the public seeking in-person services shall be required to wear a mask. If members of the public seeking in-person services refuse to wear a mask, staff will offer to provide services outside or will direct them to how to receive services remotely, the practice followed during our initial lockdown. Town Hall will retain the use of contact tracing logs for visitors only. Staff will continue to monitor their health and report any COVID-19 symptoms or exposures. Town Hall staff with door shields shall continue to use them when interacting with the public. Town Clerk office hours will be adjusted to 10am-3pm Monday through Friday. 72 Moved: Goldman Seconded: Olson Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 6/8/21 *Resolution # 2021-113: Payment Of Claims RESOLVED that the Ulysses Town Board has reviewed and approves payment of claims for: HA fund (Water District 3 Capital Project) voucher 35 in the amount of $1,732.50; and for the HB fund (Cemetery Bridge Replacement Project) vouchers 20 through 22 in the amount of $1,286.71 and for All other funds vouchers numbered 222 through 261 in the amount of $53,626.94 Moved: Goldman Seconded: Bouchard Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 6/8/21 *Resolution 2021-114: Approval Of Minutes RESOLVED that the Ulysses Town Board approves the minutes from Town Board meeting on May 25, AND May 28, 2021. Moved: Bouchard Seconded: Goldman Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 6/8/21 June 15th, 2021: Special Town Board Meeting *Resoution 2021-115: Authorization For Highway Superintendent To Post No Parking Signs For July 2021 WHEREAS, Section 186-3 of the Town of Ulysses Code “Temporary Parking Regulations” authorizes the Town Board to temporarily prohibit parking of motor vehicles on portions of Town highways and shoulders to protect the health, safety and welfare of town residents and WHEREAS, the 2021 Grassroots Festival events will draw a large number participants and create a significant increase in traffic on local roads, and WHEREAS, the Ulysses Town Board wishes to assure the safety of local residents, visitors, and pedestrians during the events scheduled in July 2021, now therefore be it RESOLVED, that the Ulysses Town Board hereby directs and authorizes the Highway Superintendent to place “No Parking” signs along both sides of Falls Road and along the Town’s section of Cemetery Road from Rt 96 to the Village boundary line for the time period beginning July 7 – July 31 and further 73 RESOLVED, that the Highway Superintendent trim the trees near the existing caution signs on Falls Road and place additional caution arrows on both the east and west side of Falls Road to alert drivers to a dangerous curve and blind drive just north of Cayuga View Road and south of the Grassroots property. Moved: Zahler Seconded: Goldman Zahler aye Goldman aye Boggs aye Bouchard aye Olson aye Passed 5-0 Date adopted 6/15/21 June 22nd, 2021: Regular Town Board Meeting *Resolution 2021-116: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for June 22, 2021, with the addition of two resolutions (to increase code enforcement & to accept grants for historic markers). Moved: Zahler Seconded: Boggs Zahler aye Olson aye Boggs aye Goldman absent Bouchard absent Vote: 5-0 Date Adopted: 6/22/21 Agenda as amended BE IT RESOLVED that the Ulysses Town Board approve the agenda for June 22, 2021, as amended. Moved: Olson Seconded: Boggs Zahler aye Olson aye Boggs aye Goldman absent Bouchard absent Vote: 5-0 Date Adopted: 6/22/21 *Resolution 2021-117: Urging The NYS Department Of Environmental Conservation To Consider Feedback On TMDL Standards For Phosphorus In Cayuga Lake WHEREAS the Town of Ulysses cares about and understands the importance of protecting the waters within the Cayuga Lake Watershed; and WHEREAS the purpose of the Total Maximum Daily Load (TMDL) for phosphorus (P) in Cayuga Lake is to help guide practices and regulations to reduce P inputs into Cayuga Lake; and WHEREAS implementing the TMDL will have financial and workload impacts on local governments throughout the watershed, therefore it is essential to clarify lead roles in implementing the TMDL and which entities bear the financial burden; and WHEREAS the Town of Ulysses is grateful for the work the NYS Department of Environmental Conservation has put into the draft TMDL and we feel there are gaps and areas that need further clarification within the document, THEREFORE, BE IT 74 RESOLVED that the Ulysses Town Board requests that the DEC engage in a dialogue with stakeholders as comments are considered for a better understanding of the TMDL before the final version is released; and RESOLVED that the Town of Ulysses submits this resolution along with the attached comments as edited on the Cayuga Lake TMDL to the NYS Department of Environmental Conservation and further RESOLVED, that the Town Clerk be directed to send a copy of this resolution to the Cayuga Lake Intermunicipal Organization and to the Tompkins County Water Resources Council. Moved: Olson Seconded: Boggs Friendly amendment to add “attached comments as edited” Zahler aye Olson aye Boggs aye Goldman absent Bouchard absent Vote: 3-0 Date Adopted: 6/22/21 CONSENT AGENDA for RESOLUTIONS # 118-119: *Resolution 2021-118: Acknowledgement Of Notification Of Procurement For Transportation Services For The Ulysses Recreation Summer Camp WHEREAS, the Ulysses Recreation Department is in need of transportation for summer camp attendees and, WHEREAS, the Ulysses Recreation Director has obtained quotes from TCAT and the Trumansburg School District which are the only two sources of transportation that meet the parameters and requirements for safe camper transportation, and WHEREAS, the Ulysses procurement policy requires two written quotes and notice to the Town Board, and WHEREAS, total cost of transportation services for the summer will be determined by actual camper registration and number of days of operation, both of which are yet to be determined but will fall within the Summer Budget, now therefore be it RESOLVED, that the Ulysses Town Board acknowledges receipt of this notice of procurement for transportation services for the Ulysses Recreation department summer camp, and FURTHER RESOLVED, that the Ulysses Town Board authorizes the Town Supervisor to sign related contracts, if applicable, upon review and approval of Town Counsel. *Resolution 2021-119: Approval Of PNJ Express Claim For Recreation Program WHEREAS the Recreation Department obtained two quotes for spring sports uniforms per the Town of Ulysses Procurement Policy, and WHEREAS the Town Board has been provided back up documentation pertaining to the recreation procurement of t-shirts, and WHEREAS, the invoice was omitted from the regular voucher cycle and the vendor is awaiting payment for services rendered, now therefore be it RESOLVED that the Town of Ulysses Town Board approves Claim #262 in the amount of $2,444.10 to PNJ Express. Moved: Boggs Seconded: Olson Zahler aye Olson aye Boggs aye Goldman aye Bouchard absent Vote: 4-0 Date Adopted: 6/22/21 75 *Resolution 2021-120: Requesting A Traffic Study To Reduce The Speed Limit On Curry Road WHEREAS, Curry Road is a road within the Town of Ulysses and WHEREAS, the residents of six households on Curry Road between Waterburg Road and Route 227 have noted this section of Curry Road is used frequently by pedestrians and bicyclists who must contend with motorists who travel at speeds that vary from 30 miles per hour to 55 miles or more and, WHEREAS, in 2008, there was a fatality at the intersection of Curry Road and Route 227, and WHEREAS, there is no record of a speed control investigation in the past three years, and WHEREAS, the Ulysses Highway Superintendent has reviewed the road conditions and petition and supports the residents’ request and WHEREAS, §1622 of the New York State Vehicle and Traffic Law establishes the law regarding speed limits on town highways, and WHEREAS, this law states that the department of transportation, upon the request of the county superintendent of highways of a county, and the town board of the town affected with respect to town highways in such town outside of cities or villages, may, by order, rule or regulation: (1) Establish maximum speed limits at which vehicles may proceed on or along such highways higher or lower than the fifty-five miles per hour statutory maximum speed limit. No such limit shall be established at less than twenty-five miles per hour, except that school speed limits may be established at not less than fifteen miles per hour, (2) Establish maximum speed limits at which vehicles may proceed on or along all such highways lying within an area as designated by a description of the boundaries of such area submitted by the county superintendent of highways of a county and the town board of the town affected lower than fifty-five miles per hour statutory maximum speed limit. No such limit shall be established at less than thirty miles per hour, NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses supports the request for a speed control investigation by NYSDOT to determine if the speed limit for Curry Road from Waterburg Road and Rt. 227 can be lowered for the safety of drivers, bicyclists and pedestrians, and further RESOLVED that the Town Board directs the Town Clerk to submit a certified copy of this resolution to the Tompkins County Highway Manager requesting that they accept and submit our request to the NYSDOT. Moved: Boggs Seconded: Olson Zahler aye Olson aye Boggs aye Goldman aye Bouchard absent Vote: 4-0 Date Adopted: 6/22/21 *Resolution 2021-121: Authorization For Highway Superintendent To Post No Parking Signs For July 2021 WHEREAS, Section 186-3 of the Town of Ulysses Code “ Temporary Parking Regulations” authorizes the Town Board to temporarily prohibit parking of motor vehicles on portions of Town highways and shoulders to protect the health, safety and welfare of town residents and WHEREAS, the 2021 Grassroots Festival events will draw a large number participants and create a significant increase in traffic on local roads, and WHEREAS, the Ulysses Town Board wishes to assure the safety of local residents, visitors, and pedestrians during the events scheduled in July 2021, now therefore be it RESOLVED, that the Ulysses Town Board hereby directs and authorizes the Highway Superintendent to place “No Parking” signs along both sides of Rabbit Run Road with the exception of spaces required for the loading and unloading of equipment and vehicles directly related to the concerts scheduled for the Fairgrounds for the time period beginning July 7 – July 31 and further RESOLVED, that the Highway Superintendent trim the trees near any existing caution signs on this road and others leading to the Fairgrounds to assure visibility and safety and further 76 RESOLVED, that the Ulysses Town Board requests that law enforcement agencies patrol and enforce traffic along the Rabbit Run, Cemetery Road and Falls Road along with others leading to the Trumansburg Fairgrounds. Moved: Zahler Seconded: Boggs Zahler aye Olson aye Boggs aye Goldman aye Bouchard absent Vote: 4-0 Date Adopted: 6/22/21 *Resolution 2021-122: Acknowledgement Of Notification Of Procurement For Interim GASB 75 Valuation And Report For The Fiscal Year Ending December 31, 2021 WHEREAS, the GASB 75 ruling requires municipalities to report on Other Post Employee Benefits (OPEB) in a particular manner as well as a variety of other benefit-related calculations and reporting, WHEREAS, the Tompkins County Municipal Health Insurance Consortium previously contracted with Armory Associates for this service on behalf of all Consortium members, and WHEREAS, the Town of Ulysses was notified by the Consortium that the Consortium would no longer be paying for this actuarial service, and WHEREAS, Armory Associates can be considered a sole source provider for these actuarial services for the 2021 reporting year due to the fact that Ulysses is on year two of a two-year cycle of reporting and therefore Armory Associates already possesses required data for reporting, and WHEREAS, the Town must conduct this complete this report and the most efficient method for doing so is to continue using Armory Associates for the 2021 reporting season and plan to obtain quotes per the procurement policy for the 2022 reporting year, and WHEREAS, the Town’s Procurement Policy requires the Town Board be notified of the intent to purchase a service for more than $1,000 and WHEREAS, Armory Associates has quoted the Town of Ulysses $1,200 for an interim (year two) report via email dated April 12th, 2021, now therefore be it RESOLVED, that the Ulysses Town Board acknowledges receipt of this notice of procurement for an Interim GASB 75 Valuation and Report for the Fiscal Year ending December 31, 2021. Moved: Goldman Seconded: Olson Zahler aye Olson aye Boggs aye Goldman aye Bouchard absent Vote: 4-0 Date Adopted: 6/22/21 *Resolution 2021-123: Authorization To Temporarily Increase Code Enforcement Resources For July 2021 WHEREAS, the Code and Zoning Enforcement Officer is assuming extra work activity and responsibilities related to the Environmental Planner and Zoning Officer vacancy, along with an increase in seasonal activity in addition to a busy construction season and WHEREAS, because of the current vacancy, there are funds available in the Personal Service lines associated with the Code and Planning office, now therefore be it 77 RESOLVED, that the Ulysses Town Board authorizes up to $1,200 to temporarily increase the number of hours worked by the Code and Zoning Enforcement hours from 32 hours/week to 40 hours/week for the month of July and/or to contract out for additional enforcement hours as needed. Moved: Zahler Seconded: Goldman Zahler aye Olson aye Boggs aye Goldman aye Bouchard absent Vote: 4-0 Date Adopted: 6/22/21 *Resolution 2021-124: Authorization To Accept Grants From Pomeroy Foundation For Two Historic Markers WHEREAS, on February 5, 2021 the Town Supervisor reported to the Town Board that the Town Historian was developing proposals to request grants from the Pomeroy Foundation to fund 3 different historic markers in the Town and Historian John Wertis answered questions about the 3 proposed sites and WHEREAS, the Pomeroy Foundation notified the Town that they approved funding for the remaining two markers that requires no local matching funds to support markers for the Cayuga Preventorium (Cayuga Nature Center) and the Old Church on Jacksonville Road (previously purchased and re-sold by the Town), now therefore be it RESOLVED, that the Town of Ulysses accept the grant funding for two additional markers and further RESOLVED, that the Town Board authorize the Supervisor to complete the grant acceptance and further RESOLVED, that the Town Board directs and authorizes the Town Historian to order the approved historic markers. Moved: Zahler Seconded: Goldman Zahler aye Olson aye Boggs aye Goldman aye Bouchard absent Vote: 4-0 Date Adopted: 6/22/21 *Resolution 2021-125: Approval Of Minutes Of Ulysses Town Board Minutes RESOLVED, that the Ulysses Town Board approve the minutes of the regular meeting held June 8, 2021 and the Special Town Board meeting held June 15 2021. Moved: Zahler Seconded: Boggs Zahler aye Olson aye Boggs aye Goldman aye Bouchard absent Vote: 4-0 Date Adopted: 6/22/21 June 25th, 2021: Special Town Board Meeting *Resolution 2021-126: Creation Of A Temporary Planner Position 78 WHEREAS, the Town of Ulysses has a vacancy in the position of Environmental Planner and WHEREAS, until the Town Board re-assesses its planning needs and advertises for a replacement, the Town has an obligation to respond to those in the community who need professional advice on land use matters, zoning, and planning, and WHEREAS, on June 8th the Ulysses Town Board authorized the Supervisor to hire a part-time temporary Planner to provide basic professional services to applicants and to the Planning Board and Board of Zoning appeals for approximately 10 hours/week for the period beginning June 14, 2021 through September 17, 2021 if needed from the existing personal services line, and WHEREAS, the duties and responsibilities performed on behalf of the Town are most appropriately provided by an employee rather than by an individual paid on a contractual basis, now therefore be it RESOLVED, that the Town of Ulysses wishes to create the position of Planner using the position description on file with Tompkins County as “Planner- Various Towns” to be filled on a part-time temporary basis with a qualified applicant screened through the Tompkins County Human Resources Department at the hourly rate budgeted for the vacant Environmental Planner position. Moved: Zahler Seconded: Goldman Zahler aye Olson aye Boggs (unable to vote) Goldman aye Bouchard absent Vote: 3-0 Date Adopted: 6/25/21 July 13th, 2021: Regular Town Board Meeting *Resolution 2021-127: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for July 13, 2021, with the addition of payment of claims and the approval of out of district water users. Moved: Zahler Seconded: Boggs Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 7/13/21 *Resolution 2021-128: Adoption Of 2021 Diversity, Equity And Inclusion Policy WHEREAS, a draft of the proposed Diversity and Inclusion Policy, subsequently renamed the Diversity, Equity and Inclusion Policy, was originally presented to and discussed by the Ulysses Town Board on June 8th as an action step consistent with the commitments made by the Town Board in June 2020 after the murder of George Floyd and WHEREAS, the draft statement was shared with employees and with the public via the Town’s electronic newsletter to seek feedback and comments and WHEREAS, the draft statement has been revised to reflect the input from the community, Town Board members, and staff, and WHEREAS, the members of the Ulysses Town Board support the policy as amended, now therefore be it RESOLVED, that the Ulysses Town Board adopts the 2021 Diversity, Equity and Inclusion Policy and further RESOLVED, the Ulysses Town Board designates _________________32 as the Diversity, Equity and Inclusion Advocate responsible for implementation, dissemination, compliance, and monitoring of the policy and further 79 RESOLVED, that the language of the policy be integrated into and/or aligned with Sections 801-803 of the Town’s Personnel Policy, which includes the Town’s policies and procedures for adhering to the Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq; the Americans with Disabilities Act; and Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). Moved: Olson Seconded: Goldman DISCUSSION: Ms. Olson noted that the following changes were made from the previous draft: 3 • Added some protections (economic and first amendment) not already in current policy • Modified the Tompkins County portion to encourage all underrepresented groups to apply The board discussed the inclusion of first amendment language. Mr. Goldman was concerned that it opens up gray areas and potential litigation. Ms. Bouchard and Mr. Boggs agreed. MOTION: Mr. Goldman moved to amend the language by deleting “or protected first amendment activities”. This was seconded by Mr. Boggs. Zahler nay Olson nay Boggs aye Goldman aye Bouchard aye Vote: 3-2 Mr. Boggs made a friendly amendment to change the word “equality” to “equity”. Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 7/13/21 *Consent Agenda For Resolutions # 129-132: WHEREAS, the Ulysses Town Board has reviewed the following resolutions A-E thoroughly and is satisfied that the resolutions are sufficiently clear and do not require further explanation or discussion, now therefore be it RESOLVED that Resolutions 129-132 are hereby approved as printed. *Resolution 2021-129: Notification To Town Board, Request For Proposals For Insurance Broker WHEREAS, to assure that the Town receives the highest quality services at the most cost-effective price, the Town periodically seeks competitive bids for professional services, now therefore be it RESOLVED, that the Ulysses Town Board recognizes that Town staff will be engaging in an RFP process to identify options for the Town Board for an insurance broker willing and able to provide the most comprehensive coverage possible for the Town at the most reasonable cost for coverage starting in 2022. 80 *Resolution 2021-130: Notification To Town Board, Short Term Borrow From SW3 Fund Balance For HA Fund Water District 3 TTHM Remediation Aerator Project Cash Flow WHEREAS, the Water District 3 TTHM Remediation Aerator Project partially funded by the New York State Environmental Facilities Corporation (EFC) Grant through the Water Infrastructure Improvement Act (WIIA) Grant Program, EFC project number 18217 has progressed through installation of equipment and testing, and, WHEREAS, Gerwitz & McNeil, the contractors who installed the aerator equipment, have successfully completed installation of the project components that have met performance testing standards and therefore have submitted an invoice for services to date, and WHEREAS, EFC retains 25% of the total project cost to be released at project closeout, and WHEREAS, the HA fund is in need of cash flow in anticipation of the 25% retainage, and WHEREAS, Water District 3 is the same tax base as the HA fund, and WHEREAS, an estimated $41,000 is needed for cash flow purposes for project closeout, and WHEREAS, there is an estimated $73,000 currently available in SW3 Unappropriated Fund Balance, NOW THEREFORE BE IT RESOLVED, that the Ulysses Town Board authorizes a temporary loan from the Water District 3 Fund Unreserved Fund Balance in the amount of $41,000 to be returned to WD3 Unappropriated Fund Balance upon project close out and reimbursement from the funder EFC is received. *Resolution 2021-131: Notification To Town Board, Short Term Borrow From SM And SF Funds To The HB Fund Cemetery Road Bridge (BIN 3210360) Replacement Project For Cash Flow Construction Phase Financing WHEREAS, the Village of Trumansburg Board of Trustees voted on February 8, 2021 to grant to the Town of Ulysses the ability to pay for contracted Fire protection and EMS coverage in two payments, as previously described, as a one-time exception to the 2021 Fire and EMS contracts, and WHEREAS, resolution 2021-62 approved the contract payment in two parts as a method of cash flow for the Cemetery Road Bridge replacement, which is on a Village Street, NOW THEREFORE BE IT RESOLVED, that the Ulysses Town Board authorizes a temporary loan from the SM and SF Funds to the HB Fund in the amount of $259,073 to be returned to the SF and SM fund upon project close out and reimbursement is received from the grant program BRIDGE NY and Tompkins County. *Resolution 2021-132: Endorsement Of Trumansburg Conservatory For Fine Arts Grant Application For Historic Restoration And Accessibility WHEREAS, the Trumansburg Conservatory for Fine Arts (TCFA) is a center of cultural activity in downtown Trumansburg which supports our local economy by attracting young families and tourists to our area and has served over 3,500 people with art and dance instruction, exhibitions, concerts and community events in 2021; and WHEREAS, TCFA is applying for a grant from NYS Parks, Recreation and Historic Preservation to begin a multi-phase restoration of the building’s historic interior and exterior and to provide accessibility to the main entrance as well as an ADA compliant gender-neutral restroom; and WHEREAS, the Town of Ulysses values our history and supports active measures by all of our partners to improve accessibility for and inclusion for all in in community activities, now therefore be it RESOLVED, that as a supporter of the TCFA, the Ulysses Town Board offers its endorsement of the grant application being submitted by TCFA to NYS Parks, Recreation and Historic Preservation to enable the organization to restore this historic icon and to become more fully accessible to all in the community. Moved: Zahler Seconded: Goldman Zahler aye Olson aye Boggs aye Goldman aye 81 Bouchard aye Vote: 5-0 Date Adopted: 7/13/21 *Resolution: 2021-133: Approval Of June 22 And June 25, 2021 Minutes RESOLVED, that the Ulysses Town Board has reviewed and hereby approves the minutes of the June 22, 2021 and June 25, 2021 Town Board meetings as presented. Moved: Zahler Seconded: Goldman Zahler aye Olson aye Boggs aye Goldman aye Bouchard abstain Vote: 4-0 Date Adopted: 7/13/21 *Resolution 2021-134: Authorization To Contract With Barton And Loguidice For Construction Inspection Services For The Cemetery Road Bridge (Bin 3210360) Replacement Project WHEREAS, resolution 2019-65 selected Barton and Loguidice as the Design Engineers for the partially funded BRIDGE-NY Cemetery Road Bridge Replacement Project, and WHEREAS, Chapter Six section 6.2.3 of the Procedures for Locally Administered Federal Aid Projects (PLAFAP) states that “In the case of projects covering two or more distinct phases, when the cost of the second phase depends on decisions which will be made in the first phase, the original consultant contract should only cover in detail the terms and conditions of the first phase. Work associated with the second phase may be added to the original consultant contract by a supplemental agreement…The most common occurrence is the contracting for design services in the original contract and the addition of construction inspection services in a supplemental agreement. The Sponsor is neither obligated nor prohibited from using the same consultant to perform design work and construction inspection services.,” and WHEREAS, as the Professional Engineers for the design phase of the project, Barton and Loguidice has led the Town through the design phase of the project and therefore has obtained a high level of knowledge pertaining to the nuances of the Cemetery Bridge Replacement Project, the Town of Ulysses wishes to retain Construction Inspection services of Barton and Loguidice for the Construction Phase of the Cemetery Bridge Replacement Project, NOW THEREFORE IT BE RESOLVED that the Ulysses Town Board authorizes the Town Supervisor to enter into a contract, via a supplemental agreement to the design services contract, with Barton and Loguidice for Construction Inspection Services, and FURTHER RESOLVED that the Town Supervisor is authorized to sign the Construction Management plan pending approval from New York State Department of Transportation and FURTHER RESOLVED, that the Town Board acknowledges that the Supervisor signed a Dispensation Form on July 7, 2021 allowing the contractor to exceed the normal hours and/or days of a given work week on limited occasions to be able to expedite completion of the project. Moved: Zahler Seconded: Boggs Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 7/13/21 82 *Resolution 2021-135: Approval Of Jacksonville Community Association’s Plan To Expend 2021 Allocated Funds WHEREAS, the Town of Ulysses and the Jacksonville Community Association (JCA) executed a Memorandum of Understanding giving the public access to the JCA’s community park and allowing JCA to request Town support for park improvements and maintenance; and WHEREAS, the Ulysses Town Board allocated $5,000 in the approved 2021 Town Budget for Park Improvements in line A7110.4 Parks CE , contingent on a review of their spending plan; and WHEREAS, the JCA has presented an outline of their 2021 plans and estimated expenses related to completion of the public restroom project and plans for park maintenance developed by graduate students from SUNY Cortland referred by the Town’s Recreation Director; now therefore be it RESOLVED, that the Ulysses Town Board authorizes expenditures from A7110.4 Parks CE to implement the plans as outlined in the attached report and proposal of July 9, 2021 for up to a maximum of $5,000 and further RESOLVED, the Town Supervisor, Budget Officer, and Clerk are directed to coordinate billing and payments with JCA for such authorized expenditures. Moved: Zahler Seconded: Bouchard Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 7/13/21 *Resolution 2021-136: Authorization To Consider Requests From Two Households Seeking To Become An Out Of District Users Of Water District #3 WHEREAS, as residents on Durling Road and Trumansburg Road have expressed interest in joining Water District #3 as an out of district user to gain access to safe potable water, and WHEREAS, if all conditions can be met, addition of an out of district user at the users’ cost benefits both the new users and the water district by increasing the volume of water used, now therefore be it RESOLVED, that the Town Supervisor, Town Clerk, and Water Department are hereby authorized by the Ulysses Town Board to work with the Town of Ithaca for approval to add new, out of district users and with the residents to prepare out of district user agreements to be voted on by the Town Board, on behalf of the water district. Moved: Zahler Seconded: Boggs Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 7/13/21 *Resolution # 2021-137: Authorization To Pay Claims RESOLVED that the Ulysses Town Board has reviewed and approves payment of claims for: HA Fund: Vouchers #36-37 for $27,769.06 and HB Fund: Vouchers #23 for $560 and A-SW Funds: Vouchers # 262-317 for $53,989.60 Moved: Zahler Seconded: Bouchard Zahler aye 83 Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 7/13/21 July 27th, 2021: Regular Town Board Meeting *Resolution 2021-138: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for July 27, 2021, with the addition of a resolution to support of PRI’s facility improvements. Moved: Goldman Seconded: Boggs Zahler aye Olson excused Boggs aye Goldman aye Bouchard aye Vote: 4-0 Date Adopted: 7/27/21 *Resolution 2021-139: Appointment Of Diversity Advocate For 2021 WHEREAS, on July 13, 2021 the Town of Ulysses Town Board adopted a Diversity, Equity and Inclusion policy which calls for the Town Board to designate an individual or committee as the Advocate responsible for assuring the policy is disseminated and implemented fairly, and WHEREAS, in approving the policy on July 13, 2021, the Town Board did not make the designation called for by the policy, now therefore be it RESOLVED, that the Ulysses Town Board hereby designates Katelin Olson as the Advocate responsible for implementation of the Town’s Diversity, Equity and Inclusion policy. Moved: Boggs Seconded: Zahler Zahler aye Olson excused Boggs aye Goldman aye Bouchard aye Vote: 4-0 Date Adopted: 7/27/21 *Resolution 2021-140: Approval Of Budget Modifications RESOLUTION 2021-140: APPROVAL OF BUDGET MODIFICATIONS WHEREAS, the Town’s Budget Officer has presented and explained the attached Budget Modifications to the Ulysses Town Board and WHEREAS, the Town Board has reviewed the budget modifications, now therefore be it RESOLVED, that the attached budget modifications are approved as presented. A FUND BUDGET MODIFICATIONS 84 Account # Account Name Current Budget Increase / Decrease Budget Mod Request Post Modification Budget A1920.4 MUNICIPAL ASSOCIATION DUES $1,099.00 Increase $40.00 $1,139 Increase needed for Chamber of Commerce dues, per resolution 2021-59 Account # Account Name Current Budget Increase / Decrease Budget Mod Request Post Modification Budget A8810.1 CEMETERIES PS $1,200.00 Increase $1,300.00 $2,500 This is new budget line in 2021. Although we are on a learning curve regarding how much this will be on a year-to- year basis, more mowing has occurred this year than anticipated due to rainy nature of the growing season. This increase is anticipated to be enough through the end of the year. Account # Account Name Current Balance Increase / Decrease Budget Mod Request Post Modification Budget A1990.4 CONTINGENCY ACCOUNT $39,580.43 Decrease $1,340.00 $38,240.43 Amount of contingency used post modification: $1,759.57 2021 budgeted: $40,000 SW3 FUND BUDGET MODIFICATIONS Account # Account Name Current Budget Increase / Decrease Budget Mod Request Post Modification Budget SW3-8340.2 WATER TRANS & DISTR - EQ $5,600.00 Increase $130.60 $5,730.60 Hydrant prices have increased since planning for this line in budgeting season. Account # Account Name Current Budget Increase / Decrease Budget Mod Request Post Modification Budget SW3-8340.49 WATER TRANS & DISTR ENG $0.00 Create $532.71 $532.71 This expense was approved in March for engineering assistance with WD3 DOT project at Route 96. This project is ongoing and we will be conducting more modifications to this line as related billable hours are invoiced. Note that OSC does not allow for an "Engineering" account line in a SW funds, so this is the most appropriate method of accounting for engineering related expenses in the water district. Account # Account Name Current Budget Increase / Decrease Budget Mod Request Post Modification Budget SW3-8340.47 BOLTON POINT SERVICES $1,520.00 Decrease $663.31 $856.69 This is a new line for 2021 that hasn’t been used yet due to the fact that the billing that comes from Bolton Point doesn't easily breakout cost of testing services from hourly rates for personnel and truck use. At this point, all expenses of that nature have been billed to the SW3-8340.42 Testing account line. The 8340.4_ CE lines were created in the 2021 budget, and in concept would be matched with our billing entry. Assessment of how this has been working will be done as part of budget season for 2022. HB FUND BUDGET MODIFICATIONS Account # Account Name Current Budget Increase / Decrease Budget Mod Request Post Modification Budget HB1620.231 FIELD CHANGE PAYMENT & MOBLIZATION $59,850 Decrease $59,850 $0.00 See explanation below. Account # Account Name Current Budget Increase / Decrease Budget Mod Request Post Modification Budget 85 HB1620.23 CONSTRUCTION CE $665,000 Increase $59,850 $724,850 Combining previously separate field change payment and mobilization line into a single Construction CE line (vendor = Economy Paving) in order to match billing method and NYSDOT methods of project accounting and to simplify the way in which we are accounting for contracts (i.e. our contract with Economy Paving includes both construction and field change payment and moblization). Account # Account Name Current Budget Increase / Decrease Budget Mod Request Post Modification Budget HB1620.21 ENGINEER CE $20,945.68 Increase $4,940 $25,885.68 Design phase expenses in 2021 increased per contract; approved by County and by Town Board on 7/13/21. Account # Account Name Current Budget Increase / Decrease Budget Mod Request Post Modification Budget HB1620.22 LEGAL & BONDING FEES $10,000 Decrease $4,940 $5,060 This updates the 2021 expenses to include the final number for the construction inspection contract included in the 7/13/21 agenda. Account # Account Name Current Budget Increase / Decrease Budget Mod Request Post Modification Budget HB1620.232 CONSTRUCTION INSPECTION $80,000 Increase $56,700 $136,700 This updates the 2021 expenses to include the final number for the construction inspection contract included in the 7/13/21 agenda. Account # Account Name Current Budget (With modification above) Increase / Decrease Budget Mod Request Post Modification Budget HB1620.23 CONSTRUCTION CE $724,850 Increase $108,481 $833,331 This updates the 2021 expenses to include the final number for the construction contract with Economy Paving per resolution 2021-100. Account # Account Name Current Budget Increase / Decrease Budget Mod Request Post Modification Budget HB2397 CAPITAL PROJECTS – OTHER LOCAL GOVTS $41,789.28 Increase $165,181 $206,970.28 County has agreed to pay project expense overage not to exceed $210,100, see letter dated 6/3/2021. Moved: Boggs Seconded: Bouchard Zahler aye Olson excused Boggs aye Goldman aye Bouchard aye Vote: 4-0 Date Adopted: 7/27/21 86 *Resolution 2021-141: Support For PRI'S NYS Grant Application For Cayuga Nature Center Improvements Resolved, that the Ulysses Town Board supports the grant request the Paleontological Research Institute (PRI) is submitting to New York state for funds to improve the exterior of the Cayuga Nature Center, an historic building recognized by New York State and serving as a valuable community resource and further Resolved, that the Ulysses Town Board authorizes the supervisor to write a letter of support for their grant application. Moved: Zahler Seconded: Bouchard Zahler aye Olson excused Boggs aye Goldman aye Bouchard aye Vote: 4-0 Date Adopted: 7/27/21 *Resolution 2021-142: Approval Of Minutes RESOLVED that the Ulysses Town Board approve the minutes from the 7/13/21 Town Board meeting as amended. Moved: Zahler Seconded: Bouchard Zahler aye Olson excused Boggs aye Goldman aye Bouchard aye Vote: 4-0 Date Adopted: 7/27/21 August 10th, 2021: Regular Town Board Meeting *Resolution 2021-143: Approval Of Meeting Agenda RES0LVED that the Ulysses Town Board agenda for August 10, 2021 is approved as amended: adding two new resolutions regarding remote meeting procedures and COVID protocols for town meetings. Moved: Mr. Boggs Seconded: Ms.Bouchard Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 8/10/21 *Consent Agenda Resolutions 2021-144-147: 87 Discussion: Mr. Boggs wants to check with the Village to make sure the proposed storage shed meets any setback requirements on the property. He also wants to make sure the shed will be well secured and perhaps include lighting. WHEREAS, the Ulysses Town Board has reviewed the following resolutions 144-147 thoroughly and is satisfied that the resolutions are sufficiently clear and do not require further explanation or discussion, now therefore be it RESOLVED that Resolutions 144-147 are hereby approved as printed. Moved: Ms. Zahler Seconded: Mr. Boggs Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 8/10/21 *Resolution 2021-144: Board Authorization For Contract Extension With Gerwitz & Mcneil For Water District 3 TTHM Remediation Aerator Project WHEREAS, the Town of Ulysses has entered into a Water Infrastructure Improvement Act (WIIA) grant agreement with the New York State Environmental Facilities Corporation (EFC), project number 18217; and WHEREAS, resolution 2020-135 initially authorized the contract with Gerwitz & McNeil Electric, Inc. as the low bidder for the TTHM Remediation Aerator Project; and WHEREAS, resolution 2021-109 authorized an increase of $1,395 in the overall cost of the project due to the increase cost of the guardrail installation; and WHERAS, due to delays in steel lead times, the final payment for the contract will be delayed until after guardrail installation; now therefore BE IT RESOLVED, that the Ulysses Town Board authorizes the Ulysses Town Supervisor to sign a contract extension to 12/31/2021 which includes the approved increase from $214,209 to $215,604. *Resolution 2021-145: Requesting A Traffic Study To Reduce The Speed Limit On Falls Road WHEREAS, Falls Road is a Town road within the Town of Ulysses and WHEREAS, the residents of Falls Road experience a high volume of traffic during the annual Grassroots Festival of Music and Arts which attracts up to 15,000 patrons, many of whom park and camp on Falls Road property owned by the Fingerlakes Grassroots Festival, Inc and WHEREAS, residents have requested a speed study, and WHEREAS, the road is narrow and includes two dangerous curves and several driveways with limited visibility and WHEREAS, a regional representative of the Department of Transportation who viewed the road felt that a reduction from the standard 55 mph to a lower might be warranted given the conditions, and WHEREAS, the Ulysses Highway Superintendent has reviewed the road conditions and supports a speed study and a speed reduction, contingent on enforcement, and WHEREAS, §1622 of the New York State Vehicle and Traffic Law establishes the law regarding speed limits on town highways, and WHEREAS, this law states that the department of transportation, upon the request of the county superintendent of highways of a county, and the town board of the town affected with respect to town highways in such town outside of cities or villages, may, by order, rule or regulation: (1) Establish maximum speed limits at which vehicles may proceed on or along such highways higher or lower than the fifty-five miles per hour statutory maximum speed limit. No such limit shall be established at less than twenty-five miles per hour, except that school speed limits may be established at not less than fifteen miles per hour, (2) Establish maximum speed limits at which vehicles may proceed on or along all such highways lying within an area as designated by a description of the boundaries of such area submitted by the county superintendent of highways of a county 88 and the town board of the town affected lower than fifty-five miles per hour statutory maximum speed limit. No such limit shall be established at less than thirty miles per hour, NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses supports the request for a speed control investigation by NYSDOT to determine if the speed limit for Falls Road from Taughannock Park Road to Cemetery Road for the safety of residents, Festival tourists, drivers, bicyclists and pedestrians, and further RESOLVED that the Town Board directs the Town Clerk to submit a certified copy of this resolution to the Tompkins County Highway Manager requesting that they accept and submit our request to the NYSDOT. *Resolution 2021-146: Authorization To Request And Receive Grant Funding For Recreation Equipment Storage WHEREAS, in 2019, the Town of Ulysses, through a Memorandum of Understanding with the Village of Trumansburg, became the sponsor of year-round recreation programs and WHEREAS, the Recreation Director and his staff require a safe and accessible facility to store recreation equipment for Town- sponsored programs, and WHEREAS, the current location at the Middle School is not consistently available, especially when schools are closed for repairs, and WHEREAS, the Ithaca Rotary Club is inviting one time grants from local organizations, now therefore be it RESOLVED, that the Ulysses Town Board hereby authorizes the Recreation Director to submit a grant proposal requesting up to a maximum of $600 and requiring no local match for an equipment storage shed to be located at Town Hall and further RESOLVED, that if approved, the Town Supervisor is authorized to accept the grant funds as revenue to be used for the purchase of an acceptable shed. *Resolution 2021-147: Approval Of July 27, 2021 Minutes RESOLVED, that the Ulysses Town Board has reviewed and hereby approves the minutes of the July 27, 2021 meeting as presented. *Resolution 2021-148: Board Authorization For Insurance Brokerage Services WHEREAS, resolution 2021-129 notified the Town Board of the Request for Proposal (RFP) process for insurance brokerage services; WHEREAS insurance brokers are considered a professional service according to the Town’s procurement policy, which defines professional services as “…services requiring special or technical skill, training or expertise. The individual or company must be chosen based on accountability, reliability, responsibility, skill, education and training, judgment, integrity, and moral worth. These qualifications are not necessarily found in the individual or company that offers the lowest price and the nature of these services are such that they do not readily lend themselves to competitive procurement procedures.”; and WHEREAS, a qualitative rating matrix was used to evaluate insurance brokers who submitted proposals; and WHEREAS, the Town is appreciative and grateful to the previous insurance brokers; and WHEREAS, the Town would like to ensure the most competitive insurance coverage price by working with a broker that works with a relatively high number of insurance carriers, while also maintaining product quality and customer service; now therefore BE IT RESOLVED, that the Ulysses Town Board authorizes Town staff to establish insurance brokerage services with Tompkins Insurance to solicit bids for all of the Town’s insurance needs. Moved: Mr. Boggs Seconded: Ms. Olson Discussion: Mr. Goldman asked if the different types of insurance are being bundled to make sure the best price will be provided to the town? Ms. Wright explained that the RFP process is not based on quotes, but quality of service. The broker the board chooses will then obtain quotes. Mr. Boggs asked what type of insurance the town needs? Ms. Wright replied: general liability (automotive, inland marine, elected official coverage, crime coverage), short term disability, paid family leave, among others. 89 Mr. Goldman is concerned that one broker may not get the best price for all these types of insurance. Ms. Wright feels that Tompkins Insurance works with many carriers and deals with several municipalities and will be able to get the best prices for the town. Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 8/10/21 *Resolution 2021-149: Updating Town Board Meeting Rules And Procedures Relating To Remote Participation WHEREAS, the Town of Ulysses Rules and Procedures for Town Board Meetings as updated in 2018 added a section to permit remote participation by Town Board members and WHEREAS, during the coronavirus all Town Board members and appointed officials serving on the Planning Board, the Board of Zoning Appeals and other advisory groups subject to the NYS Open Meetings Law, met remotely via Zoom videoconferencing which allows members of the public to be seen, heard and participate in public meetings and WHEREAS, the Town has upgraded its videoconferencing technology to allow for sight and sound participation, now therefore be it RESOLVED that the following changes highlighted below be made to the Section 4.5 of the Rules and Procedures be adopted as presented/ amended and further RESOLVED, that the updated Rules and Procedures be distributed by the Town Clerk to all members of the Town Board, Planning Board and Board of Zonings Appeals. 4.5 Remote Participation in Meetings The Ulysses Town Board authorizes both participation and voting by video conferencing of a Ulysses Town Board member who is not physically present at an official Ulysses Town Board meeting if the following requirements are met: At least three members of the Ulysses Town Board are present at the physical location of the Town Board meeting; and The location of the Town Board member who is not physically present at the Town Board meeting member is accessible to the general public; and The meeting notice informs the public that a Town Board member will be attending remotely, and includes details of the physical location from which where such Town Board member will be participating in the meeting remotely; and The Town Board member is visible to the general public on a screen at the location of the Town Board meeting (i.e. by video conferencing as opposed to telephone conferencing which is not permitted); and Members of the public wishing to participate may do so by phone or videoconference. The Ulysses Town Board member wanting to exercise this option notifies the Town Clerk at least 5 days in advance of the meeting where they cannot physically be present; and A Ulysses Town Board member following the above requirements may vote as though they were physically present at the Town Board meeting; and A maximum of two Only one Town Board members may exercise the option to participate remotely at a time. Permission will be granted by the Town Supervisor on a first come, first served basis. The Clerk shall post the locations of those participating remotely. This clause shall also pertain to participation in the public meetings of the Planning Board and Board of Zoning Appeals and other advisory boards subject to the NYS Open Meetings Law. Moved: Mr. Boggs Seconded: Ms. Olson Zahler aye Olson aye Boggs aye 90 Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 8/10/21 *Resolution 2021----: COVID Protocols For Public Meetings In Ulysses -Tabled WHEREAS, the COVID-19 pandemic is continuing and the presence of highly transmissible variants is increasing in our community, and WHEREAS, the New York State State of Emergency has been lifted requiring all public meetings to be held in person and delegating COVID safety protocols to each business and organization, and WHEREAS, to facilitate remote access to the meetings of the Town Board, the Planning Board and the Board of Zoning Appeals for elected and appointed officials, staff, and members of the public, the Town has installed videoconferencing equipment to connect those meeting in person at the Town Hall and those who wish participate remotely to be seen and be heard and included in the meeting as meeting rules permit, and WHEREAS, for the safety of volunteers, staff and elected officials and members of the public, the Ulysses Town Board wishes to limit in-person participation to those who are vaccinated, now therefore be it RESOLVED, that the Ulysses Town Board adopts a temporary policy to require members of the Board, staff, public, and/or petitioners to the Town Board wishing to attend public meetings in person to show proof of vaccination for the coronavirus when they sign in to the meeting and further RESOLVED, that staff and members of the public will continue to have full virtual access to the public meetings via ZOOM and further RESOLVED, that this policy is extended to the Planning Board and Board of Zoning Appeals, and any other Town advisory groups subject to the NYS Open Meetings Laws and further RESOLVED, that this temporary policy shall expire December 31, 2021 unless rescinded or extended by resolution of the Town Board. *Resolution 2021-150: Urging New York State Legislature To Amend Public Officers Law §103(C) 3 WHEREAS, New York State Public Officers Law §103(c) states that, “A public body that uses videoconferencing to conduct its meetings shall provide an opportunity for the public to attend, listen, and observe at any site at which a member participates”, and WHEREAS, in response to the Covid-19 pandemic Governor Andrew Cuomo issued Executive Order 202.1 which suspended the requirement for in-person access by members of the public to any site from which a member participates remotely in a meeting of a public body, so long as said meeting is recorded and the public has the ability to view the meeting, and WHEREAS, members of the Ulysses Town Board and its boards and committees have found the ability to hold meetings remotely to be highly efficient, convenient, and a cause for increased participation by members of the public who would not or could not otherwise attend in-person meetings, and WHEREAS, the Ulysses Town Board has found that remote meetings have resulted in elected and appointed officials being able to attend meetings they might otherwise be unable to due to health conditions, travel, work, or personal responsibilities, to the overall benefit to the public, and WHEREAS, modern videoconferencing technology has made the ability to conduct meetings remotely while safeguarding the necessity for public access a simple, streamlined process, and WHEREAS, it is neither desirable nor practical to allow members of the public to attend or observe a member in-person in the member’s home or other private location, and WHEREAS, this body recognizes the importance of the time-honored and time-tested practice of holding in-person, open meetings, now therefore be it RESOLVED, That the Ulysses Town Board hereby petitions the New York State Legislature to amend Public Officers Law §103(c) to strike the requirement of public in-person access to every site where a member of a public body may participate in a remote 91 meeting, so long as the public has the opportunity to attend the meeting either remotely or at a predetermined, public location where members are present in-person; and RESOLVED, further, That the Ulysses Town Board advocates for the codification of Governor Cuomo’s Executive Order 35 202.1 with respect to remote meetings, requiring that such meetings be both recorded and broadcast live; and RESOLVED, further, That the Ulysses Town Board requests a certified copy of this resolution be forwarded to Governor Andrew Cuomo, Assembly Speaker Carl Heastie, Assemblymember Anna Kelles, Senate Majority Leader Andrea Stewart-Cousins, and Senator Thomas O’Mara and to the Tompkins County Legislature. Moved: Ms. Olson Seconded: Mr. Goldman Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 8/10/21 *Resolution 2021-151: Approval Of Budget Modifications WHEREAS, the Town’s Budget Officer has presented and explained the attached Budget Modifications to the Ulysses Town Board and WHEREAS, the Town Board has reviewed the budget modifications, now therefore be it RESOLVED, that the attached budget modifications are approved as presented. Moved: Ms. Bouchard Seconded: Ms. Olson Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 8/10/21 92 *Resolution 2021-152: Authorization To Pay Claims RESOLVED that the Ulysses Town Board has reviewed and approves payment of claims for: HA fund (Water District 3 Capital Project) vouchers 38 and 39 in the amount of $1,686.00; and for the HB fund (Cemetery Bridge Replacement Project) vouchers 24 and 25 in the amount of $121,425.35 and for All other funds vouchers numbered 318 through 356 in the amount of $56,922.90 Moved: Ms. Zahler Seconded: Mr. Boggs Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 8/10/21 August 13th, 2021: Special Town Board Meeting *Resolution 2021-153: Remote Participation In Town Meetings Ms. Olson moved that the Town Board allow 2 board members to participate remotely from other offices in the town hall. DISCUSSION: Mr. Boggs noted that some organizations are moving toward asking people to prove that they are vaccinated. Moved: Ms. Olson Seconded: Ms. Bouchard Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 8/13/21 August 24th, 2021: Regular Town Board Meeting *Resolution 2021-154: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for Aug. 24 2021, with the removal of both the financing highway equipment discussion and executive session; and the addition of scheduling a public hearing and other annexation items. Moved: Zahler Seconded: Boggs Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 8/24/21 *Resolution 2021-155: Authorizing The Scheduling Of A Public Hearing Concerning A Petition For 93 Annexation Filed By Finger Lakes Grassroots Festival Organization, Inc. WHEREAS, on August 12, 2021, the Town of Ulysses (“Town”) received a Petition for annexation of certain territory (“Territory”) from the Town to the Village of Trumansburg (“Village”) (the “Petition”); and WHEREAS, the Territory proposed to be annexed into the Village is identified as Tax Map Parcel Nos. 13.-4-2.2 and 13.-3-1, located in the Town and County of Tompkins; and WHEREAS, pursuant to Article 17 of the General Municipal Law a joint public hearing shall be held to determine if the proposed annexation is in the overall public interest; and WHEREAS, § 704 of the New York General Municipal Law permits the Town and Village to jointly publish a notice for said public hearing; and WHEREAS, the Town now seeks authorization to cause a Notice of Public Hearing to be published in the Ithaca Journal and Trumansburg Free Press and to be mailed to property owners within the proposed territory and to school authorities and local fire districts in compliance with the provisions of General Municipal Law § 704(1) and (2); NOW, THEREFORE, IT IS HEREBY RESOLVED, the Town Clerk is hereby authorized to cause to be published a Notice of a Hearing, and provide notification to all required parties pursuant to applicable law. RESOLVED, the Town Supervisor is authorized to take any and all actions as required under Article 17 of the General Municipal Law pertaining to Petition, in consultation with Special Counsel. Moved: Goldman Seconded: Boggs Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 8/24/21 *Resolution 2021-156: Engaging Harris Beach Attorneys At Law For Legal Services Related To A Petition For Annexation WHEREAS, the Town of Ulysses had been notified in February 2021 that a petition to annex land in Ulysses currently owned by Finger Lakes GrassRoots Festival of Music and Art, Inc into the Village of Trumansburg was imminent, and WHEREAS, annexation proceedings require specialized legal services, and WHEREAS, the Town signed an engagement letter on February 24th for advice of counsel, and WHEREAS, the Town of Ulysses received the annexation petition on August 12, 2021, now therefore be it RESOLVED, that the Town of Ulysses engage the firm of Harris Beach Attorneys at Law for additional legal matters specific to the petition including the preparation for and appearance at a public hearing, post hearing submission and findings, litigation (if applicable) and SEQRA related matters and further RESOLVED, that the Town Supervisor is authorized to confirm with Harris Beach the engagement for these additional legal matters. Moved: Zahler Seconded: Goldman Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 8/24/21 *Resolution 2021-157: Authorization To Identify Environmental Consultants To Implement The Activities 94 Required Of A Lead Agency For A Type I SEQRA Environmental Review WHEREAS, when the petitioner presents the required Environmental Assessment Form (EAF) to the Town and Village of Trumansburg, the Town of Ulysses intends to declare itself lead agency for the coordinated SEQRA review and WHEREAS, depending on receipt and review of the EAF, the Town may require specialized assistance to fulfill the required steps in the review process, including possible studies involved in an Environmental Impact Study, if needed, and WHEREAS, SEQRA regulations specifically authorize a lead agency to recoup fees and costs associated with preparing an Environmental Impact Statement (EIS) NOW THEREFORE BE IT RESOLVED, that the Ulysses Town Board authorizes the Town Supervisor to identify and interview, along with another Town Board member, consultants capable of completing the required SEQRQ review and/or specialized studies for an Environmental Impact Statement to recommend to the Ulysses Town Board and further RESOLVED, that if and when the Town incurs expenses associated with preparing an Environmental Impact Study (EIS), that the Town, with agreement of the Village, will seek to recover from the applicant/ petitioner funds to offset the costs related to the EIS. Moved: Olson Seconded: Boggs Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 8/24/21 *Resolution 2021-158: Authorization To Pursue Water Studies For Town Residents WHEREAS, residents of the Town of Ulysses have requested public water to address poor water quality and/or insufficient supplies of potable water, and WHEREAS, the 2019 Zoning Update has targeted some communities of the Town for denser development and WHEREAS, the American Rescue Plan adopted by Congress in 2021 has provided federal funding to mitigate the effects of COVID-19 and to support local infrastructure projects related to water, sewer, and broadband and WHEREAS, the Town acknowledges the need to preserve and protect farm lands in the Town, now therefore be it RESOLVED, that the Town of Ulysses explore the feasibility of conducting a town-wide water study to identify properties with insufficient or low quality water supply, to determine where there is potential interest in developing water districts that do not adversely affect active farmlands or identify other possible mitigation measures for areas unsuitable for water districts, and further RESOLVED, that the Town of Ulysses determine the cost and engineers to conduct water studies to explore previously identified areas for water quality improvement, including: Updating of the Map, Plan and Report developed in 2018 for Falls Road property owners A water line to connect Water District #3 from its terminus on Cold Springs Road and the Village of Trumansburg’s water line serving Town residents and Cayuga Addiction Recovery Services and A potential expansion of Water District #3 to prepare for anticipated growth in Jacksonville targeted for development in the 2009 comp plan. AND FURTHER RESOLVED that the scope of the RFP shall be reviewed by the board. Moved: Zahler Seconded: Boggs DISCUSSION- the board discussed whether costs could be repaid by the future Falls Road water district (if it gets created) when grant funds are used to set it up. Mr. Boggs had concerns about the 3rd bullet point and making sure that the contractor has a limited scope. Ms. Zahler made a friendly amendment to add “AND FURTHER RESOLVED that the scope of the RFP shall be reviewed by the board”. Zahler aye 95 Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 8/24/21 *Resolution 2021-159: Town Board Authorization For Online Bank Transfers Between Town Accounts WHEREAS, bank transfers between Town bank accounts for routine Town operations, including payroll and vendor payments are currently prepared manually and physically brought to the bank for processing; and WHEREAS, online banking allows for immediate electronic transfers between the Town’s operational bank accounts; and WHEREAS, the Comptroller’s publication – Cash Management Technology notes: “the benefits of online banking include the ability to review account balances and check clearing activity, make transfers between bank accounts, reconcile accounts frequently, and closely monitor cash balances for more effective investing”; and WHEREAS, the Town Bookkeeper would be able to more efficiently manage operational cash flow for payroll and accounts payable with the ability to make online transfers between Town operational bank accounts; and WHEREAS, the online transaction authority for the Bookkeeper would be limited to transferring funds between Town bank accounts, and would not allow for other transactions; now therefore be it RESOLVED that the Ulysses Town Board authorizes online digital banking access for the Town Bookkeeper and Budget Officer to make transfers between Town bank accounts and be it further RESOLVED, that the Bookkeeper shall notify the Budget Officer and the Supervisor of any online transfers. *Resolution 2021-160: Town Board Procurement Notification Acknowledgement Of Chlorine Pump Included In Water District 3 TTHM Remediation Aerator Project WHEREAS, the Water District 3 TTHM Remediation Aerator Project partially funded by the New York State Environmental Facilities Corporation (EFC) Grant through the Water Infrastructure Improvement Act (WIIA) Grant Program, EFC project number 18217 has progressed through installation of equipment and testing, and, WHEREAS, the Town has been notified by project engineers that the chlorine pump has been included in eligible costs for the project, and WHEREAS, per the Town’s procurement policy, two quotes have been obtained and confirmed still valid, and the Water District Operator recommends the purchase to provide backup for this critical component of the water system and intends to purchase from the low bidder; now therefore be it RESOLVED, that the Ulysses Town Board acknowledges receipt of this notice of procurement for the chlorine pump. *Resolution 2021-161: Urging Limited Suspension By Executive Order Of The New York Open Meetings Law WHEREAS on March 12, 2020, in an effort to contain the spread of the novel coronavirus, otherwise known as COVID-19, New York Governor Andrew M. Cuomo issued Executive Order 202.1 which, in part, suspended portions of Article 7 of the New York Public Officers Law and did so “to the extent necessary to permit any public body to meet and take such actions authorized by the law without permitting in public in-person access to meetings and authorizing such meetings to be held remotely by conference call or similar service, provided that the public has the ability to view or listen to such proceeding and that such meetings are recorded and later transcribed;” Governor Cuomo successively extending such suspension by Executive Orders on a monthly basis through June 25, 2021; and WHEREAS, on June 24th, 2021, by Executive Order 210, Governor Cuomo rescinded Executive Orders 202 through 202.111, including Executive Order 202.1, effective June 25, 2021, the Governor concluding at that time that “the State of New York [has] successfully flattened the curve of COVID-19 cases in New York,” and that, therefore, the Executive Orders were “no longer necessary;” and 96 WHEREAS, since the issuance of Executive Order 210, the increased prevalence of the Delta Variant of COVID-19 has caused a resurgence of coronavirus cases throughout the United States, New York State and Tompkins County, said resurgence prompting local governments to reinstate public health advisories that call for the indoor masking of individuals, whether vaccinated or not, and recommend limitations on the size of indoor gatherings, including municipal meetings; and WHEREAS, the Governor’s rescission of Executive Order 202.1 now requires that the Ulysses Town Board, as well as all municipal governing boards throughout New York State, convene in-person meetings at a central location and allow full public attendance and participation therein; and WHEREAS, the Town of Ulysses, like many municipalities throughout New York State, finds itself with limited meeting facilities that may not provide adequate social distancing for either Board members or meeting attendees, and further, that the Ulysses Town Board senses among both its own members and the Town’s other residents a serious and growing concern regarding the public’s health and safety amid the coronavirus’ resurgence; and WHEREAS, no legislative remedy to this problem through amendment of Article 7 of the New York Public Officers Law is likely to occur before January 2022; therefore be it RESOLVED, that the Ulysses Town Board respectfully requests that the Governor of the State of New York immediately re- impose through Executive Order those portions of previous Executive Order 202.1 that suspended portions of Article 7 of the New York Public Officers Law—commonly referred to as the “Open Meetings Law”—so as to permit municipal governing boards and other, similar municipal bodies to conduct public meetings remotely in a manner similar to, and with like restrictions, as Executive Order 202.1 permitted, and that such suspension continue until such time as the Delta Variant and any similarly-lethal variants of COVID-19 have successfully been controlled; and be it further RESOLVED, that a copy of this Resolution shall be transmitted to The Hon. Kathy C. Hochul, Lieutenant Governor and New York Governor-Designate; the Hon. Thomas F. O’Mara, New York State Senator; Dr. Anna R. Kelles, New York State Assemblymember; the Hon. Leslyn McBean-Clairborne, Chair, Tompkins County Legislature; and the Secretary of the Tompkins County Council of Governments. *Resolution 2021-162: Approval Of August 10, 2021 Minutes RESOLVED, that the Ulysses Town Board has reviewed and hereby approves the minutes of the August 10, 2021 meeting as presented/amended. Moved: Bouchard Seconded: Olson Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 8/24/21 September 14th, 2021: Regular Town Board Meeting *Resolution 2021-163: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for Sept. 14, 2021, with the addition of a resolution to authorize the hiring a temporary planner. Moved: Ms. Zahler Seconded: Mr. Boggs Zahler aye Olson aye Boggs aye Goldman aye Bouchard absent 97 Vote: 5-0 Date Adopted: 9/14/21 CONSENT AGENDA: WHEREAS, the Ulysses Town Board has reviewed the following resolutions thoroughly and is satisfied that the resolutions are sufficiently clear and do not require further explanation or discussion, now therefore be it RESOLVED that the following resolutions are hereby approved as printed: *Resolution 2021-164: Approval Of Town Board Meeting Minutes From 8/13/21, 8/24/21, And 8/27/21 RESOLVED, that the Ulysses Town Board has reviewed and hereby approves the minutes of the August 10, and 24th meetings of the Town Board and the Special Town Board meetings of 8/10 and 8/27 as presented/amended. *Resolution 2021-165: Acknowledgement Of No-Cost Grant Application Submitted By Historian Wertis To Celebrate The Placing Of Historic Markers WHEREAS, the Ulysses Town Historian was successful in securing grants from the Pomeroy Foundation for three historical markers and WHEREAS, the placing of the markers should be cause for celebration of our rich history and WHEREAS, the Historian has requested $600 no-match required Celebrations grant from Tompkins County to promote and host a special event to recognize the placement of each of the three new markers, now therefore be it RESOLVED, that the Town Board extends its appreciation to the Historian for his efforts to educate the public about the history of the Town of Ulysses and acknowledges submission of the grant application and further RESOLVED, that the Town Board authorizes the Supervisor to accept the grants, if approved, to support celebrations to coincide with the placement of each of the three grant-funded markers. *Resolution 2021-166: Support For Tompkins County Covid Testing For Municipal Employees WHEREAS, Tompkins County has encouraged all of its employees to get vaccinated against COVID-19 and to provide a self- attestation form to show their vaccination status and WHEREAS, Tompkins County will require employees who are not vaccinated and those who do not return the Attestation Form to comply with twice weekly COVID tests self-administered at their worksites and WHEREAS, the Tompkins County Legislature is considering extending this surveillance testing initiative to municipal employees at no cost to the municipality, now therefore be it RESOLVED, that the Town Board of the Town of Ulysses hereby urges the Tompkins County Legislature to approve inclusion of the municipalities in their testing program and further RESOLVED, that the Town extends its appreciation to the County for including municipal employees and acknowledges that if the Town of Ulysses adopts a similar policy and wishes to participate, that the Town will comply with all of the County’s terms and conditions. Moved: Zahler Seconded: Boggs Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 9/14/21 *Resolution 2021-167: Approving Execution Of Out-Of-District Water User Agreement For Water District 3 98 WHEREAS, Daniel and Brooke Palmer are the owners of a parcel of real property located on 7048 Durling Road, in the Town of Ulysses, County of Tompkins and State of New York, Town of Ulysses tax parcel number 12.-4-24 (the Property); and WHEREAS, the Owners requested permission to connect to the existing Water District No.3 in the Town of Ulysses (the District), owned and operated by the Town, and to extend water service to the property to address serious water quality problems; and WHEREAS, the Owners are willing to pay for and maintain the required extension of the water line from the water line on Cold Springs Road and the associated appurtenances and fees related to the extension, WHEREAS, on behalf of the District, the Town may benefit from the increased draw of water through the Water District system by the Owners which may improve water quality and from the offsetting revenue to the Water District, and WHEREAS, both the Town of Ithaca from whom the Water District purchases its water and Bolton Point which provides the water for Water District No. 3 have agreed to the extension and WHEREAS, the Town has verified the quality of water available from Water District No. 3 at this location and the Town Engineer has approved the design for the connection, and WHEREAS, the Town of Ulysses, on behalf of the Water District, is willing to consent to the connection of the Property to the District on the terms set forth in the attached Agreement, now therefore be it RESOLVED, that the Town Board approves the terms of the Out-of-District Water User Agreement attached to this resolution; and be it further RESOLVED that the Town Board authorizes the Town Supervisor to execute the Agreement or any further revised version of this Agreement provided that the final form of any further revisions is approved by the Attorney for the Town, RESOLVED that the same adjustments for other out of district user in 2022. Moved: Mr. Goldman Seconded: Ms. Bouchard DISCUSSION: The group discussed the debt charges and agreed to charge out-of-district users 100% rather than 110%. Mr. Boggs added that they will need to make sure chlorine levels are sufficient. Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 9/14/21 *Resolution 2021-168: Scheduling A Public Hearing On Local Law #____ Of 2021 To Override The Tax Levy Limit Established In General Municipal Law §3-C RESOLVED, that the attached draft local law, the full text of which the Town Clerk is hereby directed to reproduce in the minutes hereof (see appendix), is adopted as the draft upon which a public hearing shall be held to consider whether or not to adopt the Local Law # __of 2021 to Override the Levy Limit, and be it further RESOLVED, that the Town Board hereby schedules a public hearing for Sept. 28, 2021 at 7 PM. Access details for how to participate in the Public Hearing shall be posted on the Town of Ulysses website at www.ulysses.ny.us at least 24 hours prior to the date of the hearing. The purpose of the public hearing is for all persons wishing to comment in favor or against the proposed Local Law to have an opportunity to provide their comments thereon, and be it further RESOLVED, that in addition to participation in the public hearing, all members of the public wishing to submit written comments on the proposed local law may do so in writing addressed to the Town Clerk at 10 Elm Street, Trumansburg, NY 14886 or by email to clerk@ulysses.ny.us, and be it further RESOLVED, that the Town Clerk is directed to publish notice of said hearing in the Ithaca Journal as required by law and the Town Board authorizes payment of expenses associated with said publications. Moved: Zahler Seconded: Boggs Zahler aye Olson aye 99 Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 9/14/21 *Resolution 2021-169: Placement Of No Parking Signs On Falls Road Near Smith Woods WHEREAS, the Town has provided off-street parking along Cemetery Road for visitors to Smith Woods, and WHEREAS, some visitors continue to park along the east side of Falls Road near the intersection with Cemetery Road close to the entrance to Smith Woods and WHEREAS, the narrow shoulder and steep bank at this section of the road and the proximity to the corner make parking in this location a danger for the visitor and local drivers, and WHEREAS, neighbors have asked for the area to be labeled by the Town as a No Parking zone, Smith Woods representatives support this action, and the Highway Superintendent is willing to place the signs, now therefore be it RESOLVED, that the Ulysses Town Board hereby directs the Highway Superintendent to place No Parking signs along the east side of Falls Road from the intersection with Cemetery Road for .10 mile south. Moved: Ms. Bouchard Seconded: Mr. Boggs Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 9/14/21 *Resolution 2021-170: Authorization To Contract For Temporary Planning And Zoning Services WHEREAS, The Environmental Planner Position has been vacant since June 9, 2021 and WHEREAS, the Part-Time Temporary Planner who agreed to serve through the end of September, will be completing his service on September 30, 2021, and WHEREAS, the Town needs to be responsive to residents seeking guidance on planning and zoning while the Town is continuing to search for a full-time planner and WHEREAS, former Planner John Zepko is willing to assume part-time temporary planning and zoning officer duties a part-time temporary basis, now therefore be it RESOLVED, that the Supervisor is authorized to appoint John Zepko as a part-time employee for a period beginning October 1, 2021 at cost not to exceed $6,000 available from the current salary line. Moved: Zahler Seconded: Goldman Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 9/14/21 *Resolution 2021-171: Payment Of Claims RESOLVED that the Ulysses Town Board has reviewed and approves payment of claims for: HA fund (Water District 3 Capital Project) vouchers 40 and 41 in the amount of $1,628.25 100 HB fund (Cemetery Bridge Replacement Project) voucher 26 in the amount of $101,560 All other funds vouchers numbered 357 through 404 in the amount of $136,291.02 Moved: Ms. Zahler Seconded: Mr. Goldman DISCUSSION: Mr. Boggs asked whether the NYS DOT culvert water use could be considered a highway cost as well rather than a water district cost. Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 9/14/21 September 28th, 2021: Regular Town Board Meeting *Resolution 2021-172: Approval Of Meeting Agenda BE IT RESOLVED that the Ulysses Town Board approve the agenda for Sept. 28, 2021, with the addition of a resolution to authorize a clerk’s software purchase. Moved: Ms. Zahler Seconded: Mr. Boggs Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 9/28/21 *Resolution 2021-173: Environmental Management Committee Ms. Zahler moved to designate Marc Devokaitis as the town representative on the EMC to replace Cait Darfler. Moved: Ms. Zahler Seconded: Mr. Boggs Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 9/28/21 *Resolution 2021-174: Adoption Of Local Law # 2 Of 2021 To Override The Tax Levy Limit Established In General Municipal Law §3-C - TABLED 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 101 WHEREAS, subdivision 5 of General Municipal Law §3-c expressly authorizes a municipality to override the tax levy limit if the town government decides to adopt a budget with a property tax levy that exceeds the level set by the State, by the adoption of a local law approved by vote of at least sixty percent (60%) of the governing body, and WHEREAS, 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 on September 14, 2021 for a public hearing to be held by said Town on September 28, 2021 at 7:00 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, in the event the Town of Ulysses annual tax levy exceeds the allowable tax levy limit due to their own decisions or cost increases outside their control, New York State has the authority to penalize the Town unless the Town has formally given itself permission to exceed the tax cap, and WHEREAS, adopting this local law is not predictive of the final tax levy but will provide the Town of Ulysses Town Board the flexibility to exceed the Property Tax Cap if it is deemed necessary, and WHEREAS the Public Hearing on September 28, 2021 was noticed at the Town Hall at 10 Elm Street, Trumansburg, NY and was publicized in the Ithaca Journal on Tuesday, September 21, 2021, and advertised on the Town’s website, and WHEREAS, all interested parties wishing to be heard at the Public Hearing were heard, and WHEREAS, adoption of this law is a SEQRA Type II action exempt from any further environmental review and Now Therefore be it RESOLVED that the Town of Ulysses Town Board enacts a local law to override the tax levy limit for the fiscal year 2022, as follows: LOCAL LAW #2 OF 2021: 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, 2022 and ending December 31, 2022 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c. Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town Board. Section 3. Tax Levy Limit Override: The Town Board of the Town of Ulysses, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2022 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. Moved: Ms. Zahler Seconded: Mr. Boggs DISCUSSION: Ms. Wright shared that since the town has not gone above the tax cap in prior years, it has gained credits of about 4% or $69,000 of budgeting leeway in addition to the current limit set by NYS. Mr. Goldman is unsure why we would pass this when we have so much leeway. Ms. Bouchard feels that this looks bad for the town. Mr. Boggs agrees. Ms. Olson feels that this a financially prudent action for the town. Mr. Goldman made a motion to table. This was seconded by Ms. Bouchard and passed unanimously. 102 TABLED. *Resolution 2021-175: Authorization To Execute 2022-2024 Animal Control Agreement With The SPCA Of Tompkins County WHEREAS, the Town of Ulysses is responsible for the health and safety of its residents and for providing dog control services pursuant to Article VII of the Agriculture and Markets Law of the State of New York, and WHEREAS, the Town of Ulysses has chosen to fulfill its dog control responsibilities by participating in the Tompkins County Animal Control consortium which provides dog control services to towns through the SPCA of Tomkins County, and WHEREAS, the Tompkins County Animal Control Agreement starting January 1, 2022 through December 31, 2024 continues to provide the same services, and the annual charge for dog control service for 2022 will be $ 18,134.00, which has been the same cost since 2019, now therefore be it RESOLVED, that the Ulysses Town Board authorizes the Supervisor to execute the 2022-2024 Tompkins County Animal Control Agreement on behalf of the Town. Moved: Ms. Zahler Seconded: Mr. Goldman DISCUSSION: Ms. Zahler suggests that SPCA reports received by the clerk’s office are shared with the board. The board discussed costs. Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 9/28/21 *Resolution 2021-176: Approval Of Minutes RESOLVED, that the Ulysses Town Board approve the meeting minutes from 9/14/21 and Special Town Board meetings held on 9/21/21 for collective bargaining and 9/22/21 for 2022 Budget Workshop as presented/amended. Moved: Ms. Bouchard Seconded: Ms. Olson Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 9/28/21 *Resolution 2021-177: Approval And Notification Of Clerk's Office Software Purchase Whereas the Town's Procurement Policy requires that purchases between $1001 and $4000 require Supervisor approval and notification to the town board, and Whereas the Clerk's office seeks to purchase a dog-module software component allowing residents greater access and additional payment options as well as automated uploading into the clerk's software, and Whereas the cost to set up is $1475 with an annual support fee of $375 each year after, and Whereas these costs have been included in the 2021 year-end and 2022 budgets, and Whereas there is a sole-source provider for this software module, Now therefore be it resolved that the Supervisor authorizes the clerk to purchase said software and further resolved that this serves as notice to the town board. Moved: Ms. Bouchard Seconded: Mr. Goldman 103 Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 9/28/21