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HomeMy WebLinkAbout2006-07-11 - TB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING JULY 11 , 2006 Present : Supervisor Douglas Austic ; Town Council Don Ellis and Lucia Tyler; Absent Roxanne Marino and Rod Ferrentino ; Town Clerk Marsha L. Georgia; Deputy Supervisor Richard Coogan; Town Highway Superintendent James Meeker; and Town Attorney Bruce Wilson. Others Present : Thomas Bennett, James Simmons, and Douglas Duddleston, Fair Board Representatives ; David Filiberto , Village Trustee and James Dennis, Representative Tompkins County Legislature . Supervisor Austic called the meeting to order at 7 : 30 PM and led those assemblied in the pledge of Allegiance to the Flag of the United States of America. APPROVAL OF MINUTES : RTB 6/13/06, STB 4/24/06, 5/16/06 5/27/06 AND 6/14/06 Ms . Tyler previously submitted minor changes and corrections to Mrs . Georgia on the minutes of the Regular Town Board meeting of June 13 , 2006 . Mr. Ellis asked the Clerk to re-listen to the Special Town Board meeting of May 16, 2006 on the first page and add more detail of his statement to the minutes . Ms . Tyler made other changes and corrections on the Special Town Board meeting of April 24, 2006 . Ms . Tyler moved, seconded by Mr. Ellis to approve minutes of the Regular Town Board meeting of 6/ 13/2006 and the special Town Board meeting of 4/24/2006 as corrected and changes . Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Adopted. Mr. Ellis moved, seconded by Ms . Tyler to table the minutes of the Special Town Board meetings of 5/ 15/2006 and the Public Informational meeting of 6/ 14/2006 . Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Adopted. PRIVILEDGE OF THE FLOOR Mr. Simmons a representative from the Trumansburg Fair Association said that the Association would like assistance from the Ulysses Highway Department for the race track at the fairgrounds to have the Highway Department use their grader to level the track. The last time the Fair had a horse race the horsemen were disappointed with the condition of the track. Mr. Simmons said that this is not something new the Town and County have always helped out with the Fairgrounds . Mr. Austic said that the Board will take this up later in the meeting. David Filiberto , Village resident and Town resident said that the Board will probably discuss Water District #5 later in the meeting but he asked if the public can be updated on any progress or lack thereof of Water District #5 since the last meeting. Regular Town Board Meeting 2 July 11 , 2006 Mr. Austic said that there has not been a lot of progress because there has not been anything done . Mr. Austic said he has been trying to get information as to the year 2004 usage of water for the Village which he received this afternoon. Other then that nothing has been accomplished. Mr. Filiberto asked if there has been any progress with the Department of Health or any correspondence back and fourth from them. Mr. Austic asked related to what. Mr. Filiberto said he did not know of any correspondence from the Department of Health to the Town that the public should know about. Mr. Austic said nothing has been received that he knew about. Ms . Tyler said that a letter was received the night of the public informational meeting. Mr. Austic said that Mr. Anderson presented a letter about his comments and Mr. Austic would try and find a copy to pass on to Mr. Filiberto . APPROVAL OF CLAIMS Mr. Ellis moved, seconded by Ms . Tyler to approve the previous examined vouchers # ' s 276 through 324 in the amount $ 30,698 . 79 . Mr. Austic aye Mr. Ellis aye Ms . Tyler aye Adopted . Mr. Ellis asked if Mr. Austic could supply a spread sheet on what the Town spends on the Youth Services . REPORTS OF REPRESENTATIVES Tompkins County Representative James Dennis reported that the Tompkins County Legislature passed the resolution to support the Tompkins County Council of Governments . The County will join and Mr. Dennis presumes all other Towns and Villages will join. The stated purpose for this group is to discuss ways local governments can work together to reduce costs to residents . This does not take the place of any other organizations . Mr. Dennis said that if the Town or anyone else wants to offer up what they believe would be a Tompkins County scenic view you have that opportunity to organize that and write or email to Tompkins County Planning by July 31St, 2006 . Mr. Dennis said that you can not send anybody' s name to be one of the 500 scenic views in Tompkins County. What this survey will end up with is the 100 most scenic views in Tompkins County. Mr. Dennis also reported that one of the first Rural Micro Enterprise loans in the County recently went to a gentleman in West Danby who designs furniture. The loan is so that a small business can borrow money from the County and then repay the money over time . Mr. Dennis said that he gave Mr. Austic a copy of a letter a few days ago with information on the Veterans exemption which was copied to the Town Board . Mr. Dennis said he has also received a letter and call from Janice Johnson in regards to the Recreation Partnership . Mr. Dennis mentioned to Janice Johnson that the Recreation Partnership may want to write the Town Board a letter and talk about the deadline that the Partnership is facing with their budget. Mr. Austic said that he talked with Nancy Zahler this morning and she will put together the list and figures of who has attended the Recreation Partnership and where they live in • Regular Town Board Meeting 3 July 11 , 2006 the Town. Ms . Zahler said she could have that information to the Town in a couple of weeks and then the Town Board can review it and find out what ' s going on and where the people are coming from . Mr. Austic asked if there is a time limit to decide on the Veteran ' s exemption. Mr. Dennis said that the County Assessment department would have to know before March 1st, 2007 . Trumansburg Fire Department — no one in attendance . Planning Board Report, Margot Chiuten — Ms . Chiuten was absent and Ms . Schneider, Planning Board member reported that John Wertis has been appointed as the Vice Chair of the Planning Board . Ms . Schneider said that the Planning Board is reviewing the Zoning Law because they have run into a few problems when they have been reviewing Site Plans . They will put together a resolution making suggestions for some clarification on the law . Ms . Schneider said they hope to finish this by the end of the summer or early September. Ms. Liz Thomas, Stormwater Update Deputy Supervisor and Chairman of the Stormwater Richard Coogan introduced Ms . Thomas . The following is a copy of Ms . Thomas ' s report as given : Notes for Presentation to the Town Board Stormwater Law July 11 , 2006 Right now being enforced by DEC , but by 2008 , this will be the job of each town. Why the law is important? • For the health of lakes and streams to keep free of frequent episodes of sediment . • When added up , Stormwater runoff contributes significantly to the deterioration of our water quality whether through sediment, pesticides, petroleum, animal wastes, or nutrients . • Sediment : o Murky water effects fish feeding, impairs gills, disrupts egg laying patterns . o Changes aquatic plant life patterns o Fills in shallow areas • Causes erosion on steeper terrains . Highpoints of the Stormwater law : • The bigger the construction (most commercial and multifamily development over 1 acre), the more likely a need for SWPPP (Stormwater pollution prevention plan) • Any single family in the MS -4 (?) home or residential subdivision greater than 1 acre and less than 5 requires : o Erosion and sediment control (a plan to keep sediment out of the ditches) o Must have their SWPPP on site (optional that it is certified by a licensed professional) o Must submit SWPPP to local governing body • Over 5 acres and most commercial and multifamily construction requires : o All the above plus o The SWPPP must be certified by a licensed professional o Be inspected every 7 days and within 24 hours of 1/2 inch rain (self monitored) o Be inspected monthly, and provide status report quarterly. Regular Town Board Meeting 4 July 11 , 2006 • The SWPPPs vary in their complexity depending on the site topography, area cleared, expected water volume, proximity to ditches, streams , lakes, and wetlands. What is the town ' s responsibility? • Now : DEC issues permits and enforces on a complaint basis . • A Stormwater law is required in the MS -4 zone of Ulysses (municipal separate Stormwater sewer systems) • In 2008 , towns must have their own laws and also enforce. • Ulysses MS -4 is small, but with an overlay of area with steep slopes that are close to the valued lakes and creeks, the area covered will be substantial . • Need someone knowledgeable to manage Stormwater issues in the town (SMO- Stormwater management officer) . Interpretation of the law and SWPPP plans requires familiarity with the rules . • SMO can be code enforcement officer or deputy of code enforcement officer, or a separate person, but needs to be someone . • Hard to judge how much time this will take, but possibly 1/4 - '/3 of a person. • Propose to have someone in place by 2007 in order to have full compliance by 2008 . i . e. need money in budget for this person in 2007 , increased in 2008 . • Want to pass the law ASAP, then do pilot run in 2007 , ready for real enforcement in 2008 . TOWN REPORTS Highway Superintendent James Meeker reported the highway crew trimmed brush and weeds around road signs, took down trees on Pine Ridge Road, ditch cleaning and work on Honeybee Lane where two culvert pipes are being installed, helped the Town of Ithaca put shoulders down on some of their roads, mowed the Town roadsides . Mr. Meeker announced the retirement of David Linn who has worked for the Town Highway Department for 32 years . Mr. Meeker said that in the past the Town has given the retirees a little bonus at the end for the number of years that they have worked of $20 per year. Mr. Meeker fell that it would be appropriate if the Town did the same for Mr. Linn. Mr. Austic said that previously in May of 2005 the policy was established when Roger Calkins retired to give $20 per year of service . Mr. Austic moved, seconded by Mr. Ellis the following: BE IT RESOLVED that the Town Board of the Town of Ulysses pay David Linn as per the established policy for 32 years @ $20 per year $ 640 . Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Adopted. Mr. Meeker presented a map to the Town Board and stated that in the Town of Ulysses for County roads vs . Town roads . County roads in the Town are 33 . 87 of County road and Town roads we have 35 . 86 and for some reason the Town of Ulysses seems to have more County roads in the Town then any of the other nine Towns around. Mr. Meeker said that the County Highway has come to him and talked to him about working out some sort of a swap . Mr. Meeker pointed to the map and said for instance on Agard Road there is a portion from Jacksonville Road to Willow Creek Road it is County Road and then back to a Town Road from Willow Creek Road to Rt. 89 it is Town Road, which makes no sense . Another Road is Falls Road which comes from Cemetery Road in the Village and comes down to Jacksonville Road and Taughannock Park Road. Mr. Meeker can not understand how these Roads became County Roads and Tompkins County Highway Department has talked to him about possible swapping Agard Road and Falls Road for Regular Town Board Meeting 5 July 11 , 2006 Krums Corners Road where there is a little section from Town of Ithaca line that goes from Iradell Road to RT . 96 and then from Iradell Ext . west to Krum Corners Road to Iradell Road again. Mr. Meeker said that one of the reasons they have talked swapping is that because when the Town is plowing and salting in early morning sometimes when they come up Krum Corners Road and they have to dump onto RT . 96 and back around they have to cross RT. 96 and go do the little section of Krums Corners up to Sheffield Road and turn around and do the little section of Iradell Road Ext and get back down on RT 96 dump and go down Wilkins and come back up . If they swapped it would eliminate the trucks crossing RT 96 , plowing and salting and Tompkins County Highway comes all the way down Sheffield Road to Iradell Road and then turn around and go back. It would make more sense if Tompkins County stayed over on that side of RT 96 and took care of that. Mr. Meeker said that what this swap amounts to is on the winter maintenance program last year with the County it was about $ 1900 a mile per winter and the Town would be losing from the County 2 . 44 miles but through the CHIPS program would be gaining 2 . 44 miles which is roughly $ 1557 a mile . The winter maintenance does change from year to year based on what is done each year depending on weather. Mr. Meeker feels the swap would be a wash other then people on those roads would be getting a better deal as far as the Town is closer and handier. Mr. Austic said that this has been discussed several times in Intermunicipal meetings and one of the things that were discussed is how to equalize the expenses of the County Highway Department and the Town ' s Highway Department . Mr. Austic also said that Mr. Meeker has discussed with the County that the taking over of these roads would not be done until they were brought up to Mr. Meeker ' s standards . A memorandum of understanding that was said that the County would repair these roads up to standard before any exchanges would take place . Mr. Austic said if this is to happen when is the County thinking about it. Mr. Meeker said the County would like to get Falls Road and Agard Road done this year. Mr. Austic said that the County Attorney will have to present a proposal with legal descriptions to the Town of Ulysses . The Board discussed the other swaps the County had proposed such as Searsburg Road and that Mr. Meeker was not agreeable to that swap . Mr. Meeker said that as far as he is concerned people who live on Town roads get a better deal then if they live on a State road or a County road . Mr. Meeker said for instance if you have a drive that you are building he goes out and looks at it and tells the resident what size pipe, they buy the pipe and the Town Highway dig the ditch, put the pipe in and cover it up and install to the back side of the Town right-of-way. If you live on a County road you would have to get a permit, you pay for the permit, they come out and tell you what size pipe, you have to buy the pipe and you have to hire a contractor to install it, and also you buy the stone, the gravel, the ditching machine to put it in and you have to have a million dollars worth of liability insurance to work on the right-of-way. What the cost is on a Town road would be $200 to $ 300 and on a County road it would be $2200 to $2500 . Mr. Meeker feels this way the Town residents can see what some of their tax dollars are going for instead of having to hire a contractor. Mr. Ellis moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses to authorize Mr. Meeker to go ahead with the process and recognizing that it all has to come back to the Town Board after all the documents and legal work has been done . Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Adopted. Regular Town Board Meeting 6 July 11 , 2006 Mr. Meeker also said that there are three Fairboard members in attendance tonight that have asked him if there is some time that the Town Highway crew can help them out a little on the Fairground track. Mr. Meeker said that over the years the Highway Department has helped out the Fair and the Cemetery Association. Mr. Meeker felt that he needed to discuss this with the Town Board and Town Attorney and see what they could come up with so that everybody was happy and covered. Mr. Austic asked how much is Mr. Meeker talking about. Mr. Meeker said that it would probably range between 8 to 10 hours a year at about a $ 17 per hour plus equipment, maybe $200 to $300. Any supplies such as gravel they would pay for. Grove Cemetery has come to the Highway Department in the past and wanted to know if the Town could haul a couple of loads of stone and the idea was to make the Cemetery Association able to put a little bit of their time and money into mowing and maintaining the cemetery and things like that. Mr. Meeker said that if the Cemetery Association does not or can not afford to keep the cemetery up they have the option of abolishing the Association and turn the cemetery over to the Town. Mr. Meeker does not mind hauling stone for them once in awhile so they keep the cemetery because there would be a lot of work and cost involved for the Town to maintain it. The Town may want to allocate money to some fund for the Fair and the Cemetery and the Town Attorney would have to work that out. Mr. Wilson said that he had a conversation earlier with Mr. Meeker on the cemetery and it could be turned over to the Town if it was abandoned . Mr. Wilson said that the Town Board would have to make a determination that it serves as a public purpose and make a finding for the Cemetery and the Fairgrounds . Mr . Wilson said that within that the Town Law does allow for appropriations by the Town Board for the Highway Department to do certain things that serves a public purpose . Mr. Ellis said that the Grove Cemetery still is an active cemetery so you would think that there is a possibility of management that would take care of small costs like this . Mr. Austic asked the representatives from the Fair Association when they needed the work done . Mr. Simmons said before the Fair which is the 23rd of August . Mr. Austic asked Mr. Meeker if the Town made an appropriation at this time to do the work at the Fairgrounds would he have money in his Highway Budget at this time to take care of it without making his budget fall short. Mr. Meeker feels that it would not make his budget fall short. Mr. Austic feels that it does serve a public purpose to keep both of these entities ' financially secure so that they don' t either abandon the cemetery or stop having the fairgrounds operable for activities in the Town. Ms . Tyler asked how long since this has been done . Reply from Fairground Committee : About 10 years . Mr. Simmons said that they are asking the Highway Department to furnish a man to run the grader and improve the condition of the track. Mr. Austic suggested to make a motion to spend up to $ 300 . Mr. Ellis asked if the Fair Association had priced the work from a private contractor. Mr. Simmons said that the private contractors in this area do not have excess to a grader . Ms. Tyler moved, seconded by Mr. Austic the following : Regular Town Board Meeting 7 July 11 , 2006 BE IT RESOLVED that the Town Board of the Town of Ulysses allocate up to $ 300 and authorize the Highway Superintendent to grade the track at the Trumansburg Fairgrounds . Mr. Ellis said that it really is sort of fuzzy accounting here and he questions why either one of these organizations can not raise money to take care of these kind things without the assistance of the Town. Mr. Ellis said he does not object to the Town assisting in particular but he feels like it is like eleventh hour presentation of a request for assistance without any kind of real support . Mr. Ellis said the idea that the cemetery might revert to the Town if the Town fails to deliver a couple of loads of gravel strikes him as something as a little less than careful use of the Town ' s money. Mr. Austic asked if there was any other discussion and hearing none called for a vote . Mr. Austic aye Ms . Tyler aye Mr. Ellis nay Defeated. (Takes three to carry motion . ) Mr. Ellis said he would be fine to discuss it at the next meeting when more Board members are present and have more information . Mr. Simmons said that a of lot people in the Town of Ulysses use the Fairgrounds for different things for free such as walking their dogs , they walk themselves, they have a baseball diamond there for the school, the school uses it a lot, the Fairboard backs the Boy Scouts and they do a 50/50 there, the Cheerleaders do a 50/50 during the Fair, the Girls Soccer also does the same thing. The Fair is a community Fairgrounds and is not just for the Fair and nobody gets paid that works on the Fair Association. Mr. Austic said that it can be brought up at the next meeting which is scheduled for July 24`'' . Mr. Ellis said that he can make a motion to reconsider this and thanked Mr. Simmons for his comments . Mr. Ellis moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve that the Town provides that the grading work be done at the Fairgrounds and not to exceed $ 300 . Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Adopted. Code Enforcement Officer Alex Rachun was absent and previously distributed his report to the Board members . Town Clerk, Marsha L. Georgia reported that a total of $ 10,226 were collected for the June fees which represents $339, $ 1536 , and $ 1067 in miscellaneous revenue from the sale of scrap metal and the sale of the used tractor of $4950 . Mrs . Georgia reported that NYS Department of Agricultural and Markets are undergoing some major changes with the Dog Licensing program which is still being worked on and getting out the kinks . Board Members and Committees no reports from any Board members or committees . Regular Town Board Meeting 8 July 11 , 2006 Supervisor Austic asked if there were any comments or questions on his financial report that he previously distributed . Ms. Tyler asked if Mr. Austic felt if there was anything out of line that may be costing more then was to be expected. Mr. Austic said that not so far has there been anything out of line and pointed out to Ms . Tyler that she look at the percentage spent to date . Mr. Ellis reminded Mr. Austic there may be some money to move around such as money to pay for the audit coming up . Deputy Supervisor Richard Coogan gave the following report : Storm Water Coalition of Tompkins County With regulatory responsibilities moving over to the regulated MS4 municipalities in early 2008 , the SWCTC is discussing the possibilities of a shared Stormwater management officer. This is in a very early stage of discussion. Ulysses Storm Water Group Liz Thomas will give an update tonight. With the adoption of a Stormwater law, the Board must appoint a Stormwater management officer and provide for the required training for that position. Phase II, the current MS4 requirements, must be completed by March of 2008 . After that date, DEC will not be involved in inspections and reviews and all Stormwater regulatory and administrative functions shall be the responsibility of the municipalities . In 2008 the DEC will levy fines against the municipalities that fail to meet the regulatory requirements and not the developers. Planning Management The NYS Legislature is considering a bill that would require all BZA and PB members to have a minimum of 4 hours training a year. The Municipal Officers' Association Planning Coalition The TCMOAPC presented a program on Stormwater issues for Planning Boards. The presenter was Ellen Hahn of the DEC and the focus was on how to conduct a review of a SWPPP or S&ECP . All MS4 municipalities had at least one PB member present except for Ulysses . Liz Thomas of our local Stormwater committee was present as well as me . The TCMOAPC is considering a program on agricultural laws, farm land protection, and planning issues either in August or September. If the interest continues, then this group will invite DOT and SHPO to give presentations . TC Planning Advisory Board SCENIC VIEWS The Scenic Views committee held a public meeting to test the methodology being used to evaluate sites. There is a public nomination process going on now and in September (tentative) there will be several public meetings to rank scenic views . The consultant will prepare a write up for the ioo top views. There will be a data base that will be available of all the views. The TCPD is considering workshops to help municipalities better understand how to use the document for planning purposes . Comprehensive Plan Committee The CPC meets every fourth Tuesday at the Library starting at 7 pm: Ms. Marino and I have worked out a schedule where we will attend alternate meetings . This will provide the CPC with Town support and reinforce to the committee that neither Ms. Marino nor I are an integral member. The CPC will be giving the TB quarterly reports . The CPC has asked that I report that the CPC is working on how best to use the finances set aside for professional services. The CPC is investigating using a professional survey service vs . having a professional planner do the survey. There are four or five degreed planners on this committee. Regular Town Board Meeting 9 July 11 , 2006 OLD BUSINESS Local Law # 1 Discussion and Vote Mr. Austic moved, seconded by Mr. Ellis the following : RESOLUTION Local Law # 1 — 2006 Whereas : The Town of Ulysses Town Board wishes to ensure that its elected and appointed officials, employees and volunteer board members are duly protected from civil actions and provide defense thereof, and Whereas : By adopting a local law to provide such guarantees is a long term commitment by town government to protect its employees as defined in the Local Law rather than an annual resolution, and Whereas : The Attorney for the Town has presented and reviewed Local Law # 1 of 2006 for adoption, and Whereas : A duly advertised public hearing was held on July 11 , 2006 to take comments on the local law , Now Therefore Be It Resolved that the Town Board of The Town of Ulysses enact Local Law # 1 of 2006 as follows : LOCAL LAW # 1 - 2006 A LOCAL LAW PROVIDING FOR THE DEFENSE OF ULYSSES OFFICERS AND EMPLOYEES AND CERTAIN VOLUNTEERS Be it enacted by the Ulysses Town Board of the Town of Ulysses and the State of New York as follows : Section 1 . As used in this Local Law, unless the context otherwise requires : a. The term " employee" shall mean any Town Supervisor, member of the Town Board, Town officer, Town employee, Town volunteer expressly authorized by the Town to participate in a publicly sponsored volunteer program, or any other person holding a Town position by election, appointment or employment in the service of the Town, whether or not compensated , but shall not include an independent contractor. The term "employee " shall include a former employee of the Town, his/her estate or judicially appointed personal representative . b . The term Town shall mean Town of Ulysses , a New York State municipal corporation. Section 2 . a. Upon compliance by the employee with the provisions of section 3 of this Local Law, the Town shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting or in good faith purporting to act within the scope of his/her public employment or duties including, without limitation, any civil action or proceeding arising out of any alleged act or omission in which it is alleged that the officer or employee has violated the civil rights of the claimant, petitioner or plaintiff under sections 1981 and 1983 of the U. S . Civil Rights Act (42 U. S . C . sections 1981 and 1983 ) . Such defense shall not be provided where such action or proceeding is brought by or on behalf of the Town. Regular Town Board Meeting 10 July 11 , 2006 b . Subject to the conditions set forth in this Local Law, the employee shall be represented by the Town attorney or an attorney employed or retained by the Town for the defense of the employee . The Town Board of the Town shall employ or retain an attorney for the defense of the employee, and reasonable attorneys' fees and litigation expenses shall be paid by the Town to such attorney employed or retained, from time to time, during the pendency of the civil action or proceeding subject to certification by the Supervisor that the person is or was an employee . Payment of such fees and expenses shall be made in the same manner as payment of other claims and expenses of the Town. Any dispute with respect to representation of multiple employees by the Town attorney or by an attorney employed or retained for such purposes or with respect to the amount of the fees or expenses shall be resolved by the court. c . Where the employee delivers process and request for a defense to the Town attorney or the Supervisor as required by section 3 of this Local Law, the Town attorney or the Supervisor, as the case may be, shall take the necessary steps, to retain including the retention of an attorney under the terms and conditions provided in paragraph (b) of this section, on behalf of the employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Town to provide a defense. d. Subject to the conditions set forth in this Local Law, the Town shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state or federal court, or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or claim arose occurred while the employee was acting within the scope of his/her public employment duties; provided further that in the case of a settlement, the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of settlement by the Town Board of the Town. The duty to indemnify and save harmless prescribed by this subdivision shall not arise where (I) the injury or damage resulted from intentional wrongdoing or fines or penalties, or money recovered from an employee pursuant to section 51 of the General Municipal Law, provided, however, the Town shall indemnify and save harmless its employees in the amount of any costs, attorneys' fees, damages , fines or penalties which may be imposed by reason of an adjudication that an employee, acting within the scope of his/her public employment or duties, has, without willfulness or intent on his/her part, violated a prior order, judgment, consent decree or stipulation of settlement entered in any court of this state or of the United States . Section 3 . a. The duties to defend provided in this Local Law shall be contingent upon ( 1 )delivery to the Town attorney or, if none, to the Supervisor of the original or a copy of any summons, complaint, process, notice, demand or pleading within five days after he/she is served with such document and (2) the full cooperation of the employee in the defense of such action or proceeding and defense of any action or proceeding against the Town based upon the same act or omission, and in the prosecution of any appeal . Such delivery shall be deemed a request by the employee that the Town provide for his/her defense pursuant to this Local Law, unless the employee shall state in writing that a defense is not requested. b . The duty to indemnify and save harmless prescribed by this Local Law shall be conditioned upon full cooperation of the employee in the defense of such action or proceeding and in defense of any action or proceeding against the Town based upon the same act or omission, and in the prosecution of any appeal . c . Upon entry of a final judgment against the employee, or upon the settlement of the claim, the employee shall serve a copy of such judgment or settlement, personally or by certified or registered mail , within thirty days of the date of entry or settlement, upon the Supervisor of the Town; and if not inconsistent with the provisions of this section, the amount of such judgment or settlement shall be paid by the Town. Section 4. Regular Town Board Meeting 11 July 11 , 2006 The benefits of this Local Law will inure only to employees as defined herein and shall not enlarge or diminish the rights of any other party nor shall any provisions of this Local Law be construed to affect, alter or repeal any provisions of the Workers' Compensation Law . Section 5. The provisions of this Local Law shall not be construed to impair, alter, limit or modify the rights and obligations of any insurer under any policy of insurance . The Town is directed to provide reasonable insurance coverage pursuant to General Municipal Law § 52 . Section 6. As otherwise specifically provided in this Local Law, the provisions of this Local Law shall not be construed in any way to impair, alter, limit , modify, abrogate or restrict any immunity available to or conferred upon any unit, entity, officer or employee of the Town or any right to defense provided for any governmental officer or employee by, in accordance with, or by reason, any other provision of state or federal statutory or common law. Section 7. The provisions of this Local Law shall apply to all actions and proceedings specified herein which have been commenced , instituted or brought on or after the effective date of this Local Law . Section 8 . This Local Law shall take effect immediately upon filing in the office of the Secretary of State of the State of New York as provided in section 27 of the Municipal Home Rule Law . Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Adopted . Rules and Procedures Due to the absence of two Board members this was tabled until a later meeting. Water District #5 Discussion Mr. Ellis moved, seconded by Mr. Austic to table any discussion concerning Water District #5 until the July 24th meeting . Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Adopted . NEW BUSINESS Set PH for Stormwater Annual Report Mr. Austic said that a Public Hearing needs to be set for the Annual Stormwater Report. Mr. Austic moved, seconded by Mr. Ellis the following : Regular Town Board Meeting 12 July 11 , 2006 BE IT RESOLVED that the Town Board of the Town of Ulysses set a Public Hearing for July 24th at 7 : 00 PM to hear the Annual Report for the MS4 Stormwater Report . Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Adopted . Mrs . Georgia will publish the notice . Water District #3 . 1 Mr. Austic moved, seconded by Ms . Tyler the following resolution : Whereas : The West Hill Community Church has duly petitioned to be included as part Ulysses Water District #3 , and Whereas : A map, plan and report has been completed and filed with the Town of Ulysses, and Whereas : Said map, plan and report determined that there are no financial costs of the proposed district extension to the residents in Ulysses Water District #3 , and Whereas : A duly advertised public hearing was held on July 11 , 2006 at 7 : 00 pm, and Whereas : The Attorney for the Town has reviewed all information presented and found to be consistent with the requirements of Article 12 of Town Law, Now Therefore it is Resolved that : Tax Parcel 34 . 4 -27 is added to Ulysses Water District # 3 with all of the rights and privileges thereof Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Adopted . BZA Member Replacement The Town has received one application from Barbara J . Bristow . Mr. Coogan reported that he emailed the Town Board members saying that Ms . Bristow is willing to come in on Wednesday, Thursday or Saturday morning for an interview . Ms . Tyler has responded saying she could do an interview either Wednesday or Thursday evening after 8 PM . The Board chose Thursday after 8 PM for the interview. Mr. Austic suggested calling Mr. Tselekis, Zoning Board Chairman and asking him if he would like to attend . Water Commission Action Yaun Property Mr. Austic said that the Town still has the problem that Mr. Yaun the owner of the property on Trumansburg Road with the apartments where he has not complied with the Water District #5 Law to have his back flow inspected . Mr. Austic has previously contacted him several times . At the last meeting the Town authorized Bolton Point to do the inspections of back flows . Mr. Austic said that he notified Mr. Yaun that they could be at his location to do the inspection but he still did not respond . Mr. Ellis is reluctant to turn off water on the people that rent from him . . a Regular Town Board Meeting 13 July 11 , 2006 Mr. Austic said that Bolton Point had told him that after posting that water will be turned off the owner usually complies and they have never had to turn off anyone ' s water for this . Mr. Ellis feels the Town needs to go ahead with the procedure the way Bolton Point handles it and hope the Town has the same results . Mr. Ellis moved to proceed with actions to correct this problem following the procedures used by Bolton Point . No second heard . Ms . Tyler asked if that procedure had actions like a fine . Mr. Austic said at this point he has been following the Town ' s Water Law and at this time he needs the Town Board to issue an Administrative Order for Mr. Austic to continue forward with the process stated in the Town ' s Water District #5 Local Law. Mr. Ellis moved, seconded by Mr. Austic the following : BE IT RESOLVED that the Town Board of the Town of Ulysses acting as Water Commissioners authorize the Supervisor to go ahead and take action to assure the safety of the Town ' s water system and proceed with the procedure in Water District #5 Local Law . Mr. Austic aye Ms. Tyler aye Mr. Ellis aye Adopted . Mr. Austic will report back to the Board . Other No other business . Public Comments Correspondence Mr. Austic said that he received a letter from Tompkins County asking if any Towns had received damage to roads that needed to be reported to FEMA . Mr. Austic asked if there were any other actions before the Board, hearing none Mr. Austic asked for an executive session to discuss a matter on retirement under personal business . Mr. Austic moved, seconded by Ms . Tyler to adjourn to executive session. Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Adopted. Mr. Ellis asked who would attend the executive session and Mr. Austic felt that Mr. Meeker should be in attendance . Mr. Ellis felt that given the Town Board does not have much information about the issues he would rather discuss it with just the Board . Mr. Austic had previously distributed some of the information to the Board and had no problem with the Board retiring to executive session . The Board reconvened where Mr. Ellis moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses correct the error made in 1974 where Mr. Meeker' s pay was reported short to the l\ YS Retirement Association and Regular Town Board Meeting 14 July 11 , 2006 FURTHER RESOLVED that the Town Board authorize Mr. Austic to pay to NYS Retirement the amount of $322 and the interest of $282 they want to charge Mr. Meeker and Mr. Meeker would be responsible for the other $ 108 . 48 due. Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Adopted. Hearing no further business Mr. Ellis moved, seconded by Ms . Tyler to adjourn the meeting. Unanimously approved the meeting adjourned at 9 : 05 PM. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG: mlg TOWN OF ULYSSES PUBLIC HEARING JULY 11 , 2006 Present : Supervisor Douglas Austic ; Town Council Don Ellis, Rod Ferrentino and Lucia Tyler; Councilwoman Roxanne Marino absent ; Town Clerk Marsha L . Georgia; Deputy Supervisor Richard Coogan; and Town Attorney Bruce Wilson. Others Present: Thomas Bennett . Proof of Notice having been furnished, the Public Hearing on Local Law # 1 — 2006 — A Local Law Providing for the Defense of Ulysses Officers and Employees and Certain Volunteers was called to order at 7 : 15 PM by Douglas Austic Supervisor. No persons in attendance spoke in favor or against . All persons desiring to be heard, having been heard, the Hearing was terminated at 7 : 23 PM. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mlg TOWN OF ULYSSES PUBLIC HEARING JULY 11 , 2006 Present : Supervisor Douglas Austic ; Town Council Don Ellis, Rod Ferrentino and Lucia Tyler; Councilwoman Roxanne Marino absent ; Town Clerk Marsha L. Georgia; Deputy Supervisor Richard Coogan; and Town Attorney Bruce Wilson . Others Present : Thomas Bennett. Proof of Notice having been furnished, the Public Hearing on the formation of Water District # 3 . 1 to include West Hill Church at 3049 Vanllorns Corners Road, tax parcel # 34- 1 -27 was called to order at 7 : 05 PM by Douglas Austic Supervisor. No persons in attendance spoke in favor or against . All persons desiring to be heard, having been heard, the Hearing was terminated at 7 : 13 PM. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG: mlg ii I i i