HomeMy WebLinkAbout2010-01-12-RTB Town of Ulysses
Regular Town Board Meeting
January 12 , 2010
Present : Supervisor Roxanne Marino ; Board Members Liz Thomas (absent), Lucia
Tyler, David Kerness and Kevin Romer; Deputy Supervisor Sue Poelvoorde; Bookkeeper
Mary Bouchard ; Highway Superintendent James Meeker; Town Clerk Marsha Georgia;
Attorney Mariette Geldenhuys
Others Present : County Rep Jim Dennis ; Dog Control Officer Chris Austin; Chairman Ag
and Farmland Protection Committee John Wertis, Susan Means, David Means, Diane
Hillman, Chris Thomas . Ed Sawester
Supervisor Marino opened the meeting at 7 : 30 pm and lead those assembled in the pledge
of Allegiance to the Flag of the United States of America. Ms . Marino introduced Kevin
Romer newly elected Board member, Sue Poelvoorde newly appointed Deputy
Supervisor and Mary Bouchard newly appointed bookkeeper for the Town.
APPROVAL OF MINUTES : 12/08 RTB
The Board had not received a copy — the clerk will forward the minutes on to them for
review at the next Regular meeting.
APPROVAL OF CLAIMS
Ms . Marino moved seconded by Mr. Kerness the following :
BE IT Resolved that the Town Board of the Town of Ulysses approve the vouchers #475
through 516 for 2009 in the amount of $ 87, 557. 46 and vouchers # 1 through 22 in the
amount of $39 , 002 . 13 (total reflects less #20 in the amount of $ 395)
Ms. Marino aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted.
REPORTS OF REPRESENTATIVES
County Board Representative Jim Dennis welcomed Ms . Marino back to Town
government and all the other new people. Mr. Dennis reported that the County has five
new members and Martha Robertson is the new Chair of the Legislature. A couple of
items that the Legislature are looking at and also people within the Towns are and that is
gas drilling and also the concern of the garbage truck traffic .
Mr. Dennis said that he noticed that on the Board ' s agenda the Town will be picking a
representative to the Health Care Consortium which the County and assured the Town the
County will be moving ahead on getting all the issues worked out .
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Mr. Dennis said that he will be chairing the County Budget again this year and he is here
to tell everyone that the County is not looking at huge tax increases and they recognize
that there will be some hard changes .
Mr. Kerness asked if any task force to see what can be cut from the budget has been
formed .
Mr. Dennis said they will be looking into that and evaluating programs .
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Trumansburg Fire Department no one in attendance for a report .
Planning Board Report
Mr. Kerness, the liaison to the Planning Board, said that the first meeting of the year had
been cancelled and the next one is scheduled for February 19th , 2010 to continue working
on the Conversation Zone.
Trumansburg Village Trustee Chris Thomas reported that the Village is moving
forward with the pavilion for the Farmers Market (which they received a grant for) and
there is going to be a fund raiser on March 14th. Also there is a committee that is just
getting started to look at design guidelines for downtown and there are not any specific
recommendations or a timeline established but to just look at things so what everyone
wants everyone will get sort of thing in terms of what downtown should look like.
Mr. Thomas said that all of the Town Board should have received a notification of the
EMS organizational meeting for the billing on January 27th, 2010 at 7PM . It will be a
Special Village Board meeting with the primary purpose to establish the organization for
the process . The two things the Village will be looking at is a calendar time line as to
what needs to be done and in what order and also the Village wants to form a task force
of four to five people to meet a couple of times a month and doing some homework for
five to six months and trying to keep the process moving and complete and that task force
will answer the bulk of the questions involved in the process as it moves forward. The
Village Attorney can not be present at the meeting on the 27th but there will be a
representative from the billing company to help answer questions .
Mr. Thomas invited the Town Board to participation at this meeting and also on the task
force as well .
Ms . Marino asked Mr. Thomas if the meeting on the 27th would be an interactive meeting
or a formal structure .
Mr. Thomas said that it will be set up as a Special Board meeting but it is an open
meeting so the Board can have open discussions .
Ms . Marino asked if the Village had received a letter from Coorperative Extension in
reference to the Beautification Community Program.
Mr. Thomas was not a where of receipt of this letter but in the past Don Schlather has
participated with that .
Public Privilege of the Floor
Mr. Means would like to see the written version of the minutes continue on the web page.
Ms . Marino said that one of the top priorities is to get the web page updated.
Ms . Georgia said that the gentleman who updates the program is extremely busy the
month of January and the web page will be updated and the written version of the
minutes will continue to be on the site.
The Board wants to have some input to what will go on the web page and Ms . Marino
asks the public to comment on to any changes or things they would like to see on a new
web page.
Dog Control Officer Chris Austin presented a written proposal to continue with his
service as the Ulysses Dog Control Officer. He said that the services will be the same as
the 2009 contract but the monetary amount would be different. Mr. Austin gave a brief
report on dog activities .
The Town has not been able to find a copy of the 2009 contract with Mr. Austin to date.
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Mr. Kerness did have some information.
The Board discussed Mr. Austin ' s contract and also the contract with the SPCA for
Impoundment . Both of these will have to be looked into further but for the meantime Ms .
Marino moved seconded by Ms . Tyler the following :
Ms . Tyler reminded Mr. Austin that under the contract he is to submit quarterly reports .
Ms . Geldenhuys suggested extending the contract for now until the middle of January or
so .
BE IT Resolved that the Town Board of the Town of Ulysses extend the current standing
contract with Chris Austin the Dog Control Officer through February 15th at a rate of
$ 7500 annually.
Ms. Marino aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted.
The board asked Mr. Austin to provide more information on the new kennels he has.
Ms. Marino did find a resolution that was adopted appointing Chris Austin in 2009 and
read that resolution.
Mr. Austin said that in the other Townships he holds the dogs that he picks up for five
days (which legally he can under Ag and Markets Law) and he would like the Town
Board to consider this because if the dogs he picks up are not redeemed they are
adoptable and those funds can be redeemed by the Town. When he takes a dog to the
SPCA they charge the Town $ 300 and any of the fees they keep . He would like to give
that service to the Town of Ulysses .
Mr. Austin explained what he does a little further with the Board.
Ms . Marino requested that Mr. Austin explain to the Board more in detail of what he does
and submit that to the Board.
TOWN REPORTS
Highway Superintendent James Meeker reported the following :
• Thanked the Board for the gift certificates
• Hooked up the waterlines to the shop
• General repair and maintenance on trucks and equipment
• Been a busy month plowing and salting
• The injection pump went bad on the 1990 Plow Truck and a spring went bad on
one of the small plow trucks
• The building project going well ; the heat and water is hooked up — the office,
lunchroom, and bathrooms have yet to be completed . The outside lights have
been installed. Hopefully by the end of the month they will be able t move back
in.
Ms . Marino mentioned that she had received a letter from Ms . Rice with a concern. Mr.
Meeker said that he stopped to see her about where to place her trash and recycling so the
snow plow would not hit it when they plow.
Code Enforcement Officer Alex Rachun was absent tonight and he had given a written
report to the Board. Mr. Rachun also left a request (a little note) about some problems
that are relating to implementing the Zoning Law for the Board to work on in the future.
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Also some small issues about the operating permit for the Grass Roots Festival that he
wants to have on the agenda at a later date .
Ms . Geldenhuys said that she is looking into that also .
Town Clerk Marsha Georgia reported that she did not receive her December report
back from the Supervisor so she does not have it tonight to report on. Ms . Georgia
apologized for not having it but understands the new Supervisor and bookkeeper is
extremely busy.
Ms . Georgia said that the taxes are coming in fast and furious and although many
taxpayers get upset about getting the bill so close to Christmas there are many that
appreciate it because they want to pay them before the 31St of January to include them
with their income taxes .
Ms . Georgia said she will be on vacation from January 13th through the 23rd but to be
assured Ms . Halloran will be taking care of things . She said she also will be taking care
of her email while she is gone and be available by phone if anything comes up .
Ms . Marino asked if Patty will be on board to mail the checks out for the Supervisor. Ms .
Georgia said that the office has always done the mailing for the Supervisor.
Board Members and Committees
Ms. Tyler reported that she is looking into the Car Sharing program that Ithaca currently
have to implement that in the Village of Trumansburg and Town of Ulysses . Ms . Tyler is
hoping to have a Village and Town meeting with residents to explore this . She has been
talking with the Library to hold this maybe sometime in January or February. When she
firms this up she will give it to the Clerk to send out .
John Wertis reported on the Ag Land Protection Committee and said that he distributed
a report for 2009 a list of the members and the areas that they represent also s schedule of
their meetings and it shows that they are doubling up in the winter time because the
farmers have more time then. Mr. Wertis on behalf of the Committee is asking for the
Board to appoint a couple of additional members one would be a replacement for a
member that is out of town. Mr. Wertis said that he had done a quick pole of the
committee and are suggesting going to a member committee of a total of nine. Mr.
Wertis said that over the holidays he did interview and talk to several people and three
people expressed some interest, looked at the schedule and would make a commitment to
make it to the meetings . Mr. Wertis is hoping that the Board can act on that at their next
meeting. One of the suggestions would be to have nine members and one alternate that
could come one anyone is absent from a meeting.
Ms . Marino asked Mr. Wertis if the committee interviewed all the people or just himself
Mr. Wertis said he only did. At the December meeting the committee discussed the need
for some more members on the committee so he took it on his own initiative to look for
. .
some interested people .
Ms . Marino said that she told Mr. Wertis that she did want to take this on tonight because
Liz Thomas who is the liaison to this committee is absent tonight .
Mr. Wertis would like to have this addressed at the Board ' s working meeting on the 28th
of January if at all possible.
Ms . Marino could not promise that but if there is time because the Board is trying to deal
with a lot of other pressing things .
Mr. Wertis said that the Committee has a meeting on the 21st of January and they will put
it on their agenda.
Ms . Tyler said that she would be more comfortable if the committee had been involved
and were able to engage in the process .
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Supervisor Marino said that normally the Supervisor would review the operating
statement that she would give to the Board for the month but in January it does not
normally happening because you are still working on the 2009 balances . Having a new
Supervisor and bookkeeper who have been working closely with the past Supervisor and
they are certainly getting there and are getting a good handle on things and they will have
an operating statement very soon.
Ms . Bouchard, Bookkeeper asked if all of the 2009 adjustments have to be approved by
the Board.
The answer is yes .
Ms . Marino said that Ms . Georgia had pointed out that at the organizational meeting a
liaison for Building Maintenance for Town Hall was not appointed which is a kind of go
to person for small repairs needed in the town hall . Mr. Rachun said that he would be
happy to do this .
Ms . Marino appointed Alex Rachun as the Building Maintenance Liaison for the Town
Hall .
The Board needs to think about how much to authorize him to spend before Board
approval . The board can think about this but in the meantime if something comes up it
will be taken care of.
Deputy Supervisor Sue Poelvoorde said at this time she is helping Ms . go through
some of the correspondence that has come in. Ms . Marino said one thing they are
working on is a new requirement the State Retirerment is asking for on elected officials
and a few other things they are working on.
OLD BUSINESS
Unique Natural Areas Resolution
Ms. Marino said that this resolution was brought by Liz Thomas at the December 2009
RTB meeting; resolution was not introduced with sufficient notice according to the rules
and procedures for meetings to be voted on by a simple majority; vote was 3 -2 against
bringing to a vote so the resolution was tabled until this meeting.
Copies have been distributed to the Town Board member' s mailboxes (in the conference
room) . The resolution has been reviewed by our attorney.
Ms . Marino introduced the resolution and read it into the records .
Ms . Geldenhuys said that this resolution in itself does not bind the Board to any particular
action it is a building block in the process of adopting a Conversation Zone so the Board
is acknowledging that the EMC has made this designation and prepared this map and the
only thing binding is considering the fact that this is one of the things being
considerations in coming up with a Conservation Zone. It is a step towards that but it
does not constitute a definition at this time by the Board of all these unique natural areas .
Mr. Kerness moved seconded by Ms . Tyler the following resolution :
Whereas, the Tompkins County Environmental Management Council (EMC) has
designated certain areas within the Town of Ulysses as Unique Natural Areas (UNA ' s),
as shown on the map dated September 1999 attached hereto ; and
Whereas, the Planning Board is in the process of drafting a proposed amendment to the
Zoning Ordnance of the Town of Ulysses for consideration by the Town Board creating a
Conservation Zone ; and
Whereas, the DNA ' s are important natural resources in the Town;
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Therefore, It Is Hereby Resolved that the Town Boar concurs with the designation of the
UNA ' s and acknowledges that the UNA ' s are an important factor when considering a
Conservation Zone .
Ms . Marino aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted .
Code of Ethics
Mr. Kerness requested this be on the agenda and Ms . Marino said that in the Town of
Ulysses Rules and Procedures for meetings, adopted 5/21 /2007 (provided to all TB
members prior to Jan 4th meeting) it is required that the Code of Ethics is distributed
every year to everyone; all employees, officers and volunteer appointments and that they
sign a statement that they read it and also that there is annual training.
Ms . Marino said that Ms . Georgia had asked that the Board discuss whether they Board
really wanted to mail it again to everyone or as an alternative can we keep signed copies
on file for current appointees, employees, and officials and ask each supervisor /
committee chair, etc . to review with their employees once a year; new signed copies only
required if procedures are amended. Ms . Marino asked if that would work for the Board .
The Board was okay with that so the files will be checked to see who has previously
signed the statement and only send it out to those who did not or newly appointed .
Mr. Kerness did point out that at the training session the groups learned as much from the
individuals attending from the discussions that took place.
New people only have to attend and current employees could re-attend.
Ms . Geldenhuys will look at her schedule and last time there were two options one in the
evening and the other during the day.
Ms . Marino had a discussion with the new Enfield Supervisor about possible Ulysses
being interested in forming a joint Board of Ethics with Newfield and Enfield (as an
alternative to using TC) . She does not have any further communication on this, but I can
follow up if the Board would like to pursue the idea.
Ms . Geldenhuys said that this is one thing the County will do for the Towns and they do
this a lot not just one case a year.
Resolution to appoint a Health Care Consortium Representative
Ms . Marino said that Jackie Kippola of the County Administrator' s Risk Management
office (274- 5558 , jkippola @ tmpkins-co . org), working on communications for the
Greater Tompkins County Municipal Health Care Consortium, e-mailed a request for a
formal resolution from the Board appointing a representative to the Health Consortium
Board and an alternate from Ulysses . Ms . Marino said that the Board appointed Ms .
Tyler as the representative on Jan. 4th and now we need to appoint an alternate .
Ms . Marino moved seconded by Mr. Kerness the following
BE IT RESOLVED that the Ulysses Town Board hereby appoints Lucia Tyler as the
representative to the Greater Tompkins County Municipal Health Care Consortium Board
of Directors, and Kevin Romer as the alternate .
Ms . Marino aye
Ms . Tyler aye
�m
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Mr. Kerness aye
Mr. Romer aye
Adopted.
Designated Town Attendees to NYS AOT Annual Meeting
Ms . Marino said that a resolution needs to be passed to appoint a representative for the
Town to attend the NYS Associations Annual meeting and vote on the resolutions the
associations has presented to the Town and these names be submitted by Feb . 1 .
Ms . Marino said that Ken Zeserson (Planning Board chair) and Liz Thomas have
expressed interest in attending.
Ms. Marino moved seconded by Mr. Romer the following.
BE IT Resolved that the Town Board of the Town of Ulysses designate Liz Thomas as
the designated delegate to attend the business meeting of the NYS Association of Towns
annual meeting and that Ken Zeserson be the alternate.
Ms . Marino aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
Association of Towns Resolutions
Ms . Marino said that in the memo from the Association of Towns, which was copied to
all TB members prior to Jan 4, 2010 meeting that if the Board wanted to make changes to
the current resolutions, or new resolution suggestions must go to AOT by Jan 21 ; no
action necessary if Board does not want to suggest changes or additions .
Rules and Procedures for Board Meetings
Ms . Marino said that the Town of Ulysses Rules and Procedures for Meetings, adopted
5/21 /2007 was distributed to all Board members prior to January 4 meeting and they had
agreed to review the procedures and discuss any changes they might want to make, and
adopt amendments for any changes they may want to make for the current procedures for
the 2010 year.
Ms . Marino said that this can be done tonight, or table until a later meeting as there is a
lot on the agenda currently. We can decide to function under the standing rules of
procedure or Robert ' s rules in the interim.
The Board was fine with tabling this tonight.
Lakeshore Zoning Committee
Ms . Marino said that the Town Board passed a resolution in at the December 8 , 2009
meeting establishing an advisory committee to work on possible zoning changes for the
lakeshore area. Final wording of the resolution should be in the Dec 8 meeting minutes .
The full committee was not established; the town was going to announce the committee
and solicit interested members of the public to join. Ms . Marino said that Mr. Kerness is
the Board member working with this committee has brought further information to the
meeting tonight on particular individuals .
Mr. Kerness said that Don Smith came up with seven names and talked to those
interested and stressed to them all of the work that will have to be done and the
responsibilities . The seven are Don Smith, Rod Hawks, George Tselekis, Terry Cool,
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John Wertis, Kris Cail and David Kerness . The question is when the board passed the
resolution they had five to six to be appointed to the committee this list of interested
residents total seven .
Discussion took place on the interview of these seven interested people and discussed the
number on the committee.
Ms . Marino voiced some concerns about the people on this committee who are already
serving on other committees for the Town and being over burdened .
Ms . Tyler said that she feels that if people are willing to serve the Town and really want
to do it why not include all seven to be on this committee.
Mr. Romer said all he knows is that there should not be an even number on the committee
and if all seven are willing to serve on this committee he would be okay with it.
Mr. Kerness moved seconded by Ms . Tyler the following :
BE IT Resolved that the Town Board of the Town of Ulysses approve that the Lakeshore
Zoning Committee is made up of the seven (7) members previously stated.
Ms . Marino nay
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted.
Ms . Georgia asked Mr. Kerness to email her the names, addresses and their emails .
NEW BUSINESS
Resolution to Amend Bonding
Ms. Marino found out recently (after the Organizational meeting) that there is a new
insurance underwriter for the public employee ' s dishonesty and crime coverage . The
Town is required to sign a new statement, and the coverage levels are changed. This
requires a new resolution, to replace resolution #7 from Jan 4th
Ms . Marino introduced and moved seconded by Mr. Romer the following :
BE IT RESOLVED that the following crime coverage for Town officials, appointees and
employees is hereby approved as follows : $250,000 for public employee dishonesty,
$ 100,000 for forgery and alterations, and excess crime coverage for the Supervisor at
$450,000, Town Clerk at $ 115 ,000 and Town Justices at $ 5 ,000 ."
Ms . Marino aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted .
Resolution on Annual Town Board Audit of Financial Records
Ms . Marino gave some background on this and said that Town Law requires that each
town board must meet for the purpose of an annual examination of the records of each
officer who receives or disburses money (Supervisor, Clerk, Justices) .
The Clerk will be out of town until Jan. 23rd, so we need to set a date ASAP after the 23rd
for examining her records and could combine this with examining the Justice records .
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Ms. Marino spoke with the Comptrollers office regarding the Town ' s situation and the
transition with a new Supervisor and bookkeeper; they are now recommending that the
town board audit the Supervisors record to the Town annual financial report (due Feb 20th
to the state, can apply for an extension) . He suggested the Board pass a resolution stating
this intent.
Ms . Marino introduced and moved seconded by Mr. Kerness the following :
BE IT Resolved that the Ulysses Town Board shall schedule a meeting to audit the
Supervisor ' s financial records, in compliance with Town Law section 29( 10) , within 20
days of the submission of the Annual Financial Report to the NYS Comptroller' s office .
Ms . Marino aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
Ms . Marino moved seconded by Ms . Tyler the following :
BE IT Resolved that the Town Board of the Town of Ulysses schedule an audit for the
Town Clerk and Court Clerk on February 3rd at 3pm.
Ms . Marino aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
II Adopted
Dog Impoundment Contract
Ms . Marino said that the Town is required by law to have dog control and impoundment.
In 2009 the Board employed a DCO (Chris Austin) . Ms . Marino does not have a copy of
his contract of employment but believe it continues on unless terminated. The Town also
had a contract for impoundment and back up dog control with the SPCA, with a per dog
charge only as needed. That contract has expired. Ms . Marino received a new one from
Abigail Smith (SPCA) . It is exactly the same as 2009 . There is a copy in each Board
member' s mailbox . At this time Ms . Marino has no information on the details of Mr.
Austin ' s ability to impound dogs in accordance with NYS Ag and Market regulations .
The contract can be terminated with 60 days written notice . Ms . Marino proposes that
the Board contract with the SPCA to ensure compliance with the law, and evaluate the
situation over the next few months .
Ms . Marino moved seconded by Mr. Romer the following :
BE IT Resolved that the Ulysses Town Board authorizes the Supervisor to sign the
proposed 2010 contract with the Tompkins County SPCA for impoundment and back up
dog control officer services .
The Board discussed item # 14 in the contract where it states the Town of Ulysses shall
hold the Society harmless and shall indemnify it for any causes of action, claims, lawsuits
or demands against the Society.
The Board asked Ms. Geldenhuys what this means .
Ms . Geldenhuys says that indemnification means that if someone sues them or makes a
claim against them that they can then come to the Town to ask for reimbursement. This
is often purpose in contracts and if one party opposes it can be a mutual indemnification
for actions taken by each particular entity. This could be taken out of make it mutual .
i
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For this particular contract you could add at the end of the sentence under # 14 "resulting
from the action of Town employees or agents .
Mr. Kerness moved a friendly amendment to the above resolution to have the contract
read as it is but under # 14 at the end it would read provided that the clause # 14 can be
amended to read "resulting from the actions of Town employees or agents or clause # 14
is deleted completely or clause # 14 is amended to make a parallel provision for mutual
indemnification before signing said contract.
Ms . Marino aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
Vacancies
Ms . Marino addressed the vacancies ; the Board of Zoning Appeals ( 1 seat) , the Town
have put a notice in the paper and she has not heard of anyone interested yet. The
Recreation Partnership and County Youth Services Board provided a lot of information
from Nancy Zahler on this . RP meetings are now 6 per year instead of 12 ; The Board
needs to confer with the Village on the representatives the Town has to County Youth
Services Board and Ulysses-T-Burg Youth Commission. Ms . Marino can do this and
then report back to the Board.
Correspondence
Ms . Marino mentioned previously the Beautification letter from Cooperative Extension.
Also there is a meeting on January 22°a in Elmira kicking off the opening of the local
census office. If anyone is interested Ms . Marino can provide them with the information.
Also on the 4th of January a resolution was passed to be part of the collaboration with the
Towns of Enfield, Ithaca, Danby and Caroline to higher Guy Krogh to write a general
template for road preservation laws for industrial activities. Apparently the Town of
Dryden are interested in joining so it would be less then the $400 that was previously
discussed. This is moving along and there is almost a draft ready to be reviewed by the
Supervisors before having a meeting with the Highway Superintendents .
Public Comments
Mr. Thomas, Village Trustee said that on February 4th the NYCON is holding a seminar
on problems with cash flow management with municipal financing.
Ms . Marino said that she has also received from the Comptrollers Office where they
highlighted that they are trying to impress upon municipalities that they need to long
range capital planning and have a written out plan. It has been done by Mr. Austic and
Mr. Meeker and Ms . Marino would like to start out by getting from them their long range
plan was and have the Board take a look at it and then go from there .
Agenda Items for Next meeting on the 28th of January the working meeting of the
Board (scheduled for the 4th Thursday of the Month)
Several items have been discussed that will be on the agenda for the working session.
Ms . Marino asked for consideration of changing the second board meeting because of
two other meetings in the late afternoon on that same date . Think about other dates to be
discussed later when Ms . Thomas is available .
Adjournment
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Hearing no further business Ms . Marino moved seconded by Mr. Romer to adjourn the
meeting. Unanimously approved and meeting adjourned at 9 : 40 pm.
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk
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