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HomeMy WebLinkAbout2010-07-29-STB Town of Ulysses Special Town Board Meeting July 29, 2010 Present : Supervisor Roxanne Marino ; Councilpersons David Kerness, Kevin Romer, Elizabeth Thomas ; Town Clerk Marsha L . Georgia; and Deputy Supervisor Sue Poelvoorde . Others Present : Doug Austic, Water Superintendent; Diane Hillman, Water Committee Chairman. Absent : Councilperson Lucia Tyler Supervisor Marino called the meeting to order at 7 : 00 pm . Approval of Minutes Ms . Marino moved, seconded by Ms . Thomas to approve the following resolution. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of the Regular Town Board meeting of June 8 , 2010, as edited and corrected . Ms . Marino aye Ms . Thomas aye Mr. Kerness abstained Mr. Romer aye Adopted Health Care Consortium Ms . Marino read and moved, seconded by Ms . Thomas the following; AUTHORIZATION TO CONTRIBUTE TO THE RESERVES OF THE GREATER TOMPKINS COUNTY MUNICIPAL HEALTH INSURANCE CONSORTIUM WHEREAS , the Town of Ulysses shall join the Greater Tompkins County Municipal Health Insurance Consortium for the purpose of providing employee health insurance and prescription drug coverage, and WHEREAS , the Consortium , as required by the New York State Insurance Department, must establish sufficient financial reserves to begin working as a consortium, now, therefore be it RESOLVED, that the Town of Ulysses shall contribute $ 5 ,659 to the Initial Capitalization of the Consortium reserves . It is anticipated that by the year 2014 these monies will be paid back in full to the Town by the Consortium, with 3 % interest. RESOLVED FURTHER, that the fiscal officer of the Town of Ulysses is authorized to make payment immediately to the Consortium . Ms . Marino aye Ms . Thomas aye Mr. Kerness aye Mr. Romer aye Adopted Ms . Marino moved, seconded by Ms . Thomas the following resolution : Special Board Meeting 2 07/29/2010 WHEREAS , the Tompkins County Council of Governments (TCCOG) is comprised of all of the municipalities in Tompkins County, and WHEREAS , the Town of Ulysses is a member of TCCOG, and WHEREAS , health care costs for Tompkins County and other local governments have been increasing each year at rates much higher than inflation, which can be addressed by pooling our buying power, WHEREAS , in 2007 , the County, on behalf of TCCOG, accepted an incentive grant award under the New York State Shared Municipal Services Program to assist the municipalities in Tompkins County to create a local municipal health care consortium, and WHEREAS , the Greater Tompkins County Municipal Health Insurance Consortium developed health benefits coverage for all participating municipalities with the intent of providing a net savings to the taxpayers of Tompkins County, a goal the Town of Ulysses supports, and WHEREAS , TCCOG encourages the signature of an inter-municipal agreement by TCCOG members, BE IT RESOLVED that the Supervisor of the Town of Ulysses is hereby authorized to execute a municipal cooperative agreement effective October 1 , 2010 with the Greater Tompkins County Municipal Health Insurance Consortium for the New York State Shared Municipal Services Program. BE IT FURTHER RESOLVED that this resolution supersedes all previous resolutions by the Ulysses Town Board to authorize municipal cooperative agreements with the Greater Tompkins County Municipal Health Insurance Consortium . Ms . Marino aye Ms . Thomas aye Mr. Kerness aye Mr. Romer aye Adopted Community Science Institute Request for Funding Ms . Marino read and moved, seconded by Ms . Thomas the following resolution : WHEREAS , the 2010 budget included a line item of $ 5 ,000 for stream monitoring, based upon a proposal from the Community Science Institute (CSI) to continue the water quality data base they have been collecting using citizen volunteers in Taughannock and Trumansburg Creeks, and WHEREAS , since November 2009 when this money was appropriated there has been much discussion among town residents (some of whom have expertise in water quality issues) and by the Town Board about current and future potential threats to water quality in Ulysses, including expansion of concentrated animal feeding operations (CAFO ' s) , stormwater runoff and changes to DEC regulations , and the commencement of industrial-scale drilling in the Marcellus shale using high volume, horizontal hydrofracking, THEREFORE BE IT RESOLVED that the Ulysses Town Board approves payment of the 2010 CSI budget request of $4,996 for stream monitoring. BE IT FURTHER RESOLVED that the Town will engage an ad-hoc committee of Ulysses residents with expertise in land use, water quality, and monitoring to review the CSI project, facilitate discussion on these issues, and advise the Town Board on as y. . t+ Special Board Meeting 3 07/29/2010 this and other future water quality testing needs and priorities for fixnding. Ms . Marino aye Ms . Thomas aye Mr. Kerness nay Mr. Romer aye Adopted Water District # 3 Water Sale Agreement to Outside the District Users Ms . Marino moved, seconded by Mr. Kerness the following: BE IT RESOLVED that the Town Board of the Town of Ulysses approve the Water Sale Agreement to outside users as presented in the following contract : THIS AGREEMENT is made as of the day of , by and between the TOWN OF ULYSSES, a municipal corporation with offices at 10 Elm Street, Trurnansburg, NY 14886 (hereafterreferred to as " the Town " ) and _ _ _ _ [ name ] , of [address] , hereafter referred to as "the Customer" . WHEREAS, the Town has water available for sale in Water District 3 of the Town; and WHEREAS, the Town by resolution dated determined that, in order to protect the health, safety and welfare of Town residents, no water sold by the Town of Ulysses shall be used for any purposes related to gas drilling, hydrofracturing or any related purposes ; WHEREAS, the Customer wishes to purchase water from the Town; NOW, THEREFORE, in consideration of the promises and the mutual covenants herein set forth and agreed upon, the parties agree as follows : 1 The Town hereby agrees to sell and furnish to the Customer water from Water District 3 . 2 The water will be furnished to the Customer as follows : [circle one] a. The Customer will access the water at a designated metered hydrant, which is locked and is accessible only by the Customer; or b. Upon prior arrangement with the Administrator of the Water District . 3 The Customer agrees that none of the water purchased pursuant to this Agreement will be used for any purposes related to gas drilling, hydrofracturing or any related purposes. Any violation of this provision will result in the immediate termination of this Agreement by the Town. 4 The Customer agrees and acknowledged that, if the Customer purchases water from the Town and delivers the water by truck to third parties, the quality of the water so delivered (including, but not limited to, portability) is not in any way guaranteed by the Town of Ulysses. The Customer shall be solely responsible for the quality of any water delivered by truck to third parties and shall indemnify the Town and hold the Town harmless from any liability or claims related to the quality of such water. 5 The rate for the water purchase pursuant to this Agreement will be established by resolution of the Town Board from time to time . 6 The Customer will receive no more than 40,000 gallons of water per day, unless a larger volume is approved by resolution of the Town Board. I !� . I ! I Special Board Meeting 4 07/29/2010 7. The Customer will receive a bill from the Town on a monthly basis, unless a monthly bill amounts to less than $20 .00, in which case billing will be done on a quarterly basis. All bills are due and payable within 30 days after receipt thereof There will be a late fee of 20% of the amount due for all payments not received by the due date. Upon the customer' s failure to pay a bill by the due date, the Town, at its option, may terminate this Agreement. 8 . In addition to termination of this Agreement by the Town pursuant to paragraphs 3 and 6 above, the Town may terminate this Agreement at any time upon 10 days ' notice to the Customer. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the date set forth below. Ms . Marino aye Ms . Thomas aye Mr. Kerness aye Mr. Romer aye Adopted Resolution Establishing Price for Outside Water Users Mr. Romer moved, seconded by Ms. Thomas the following resolution : BE IT RESOLVED that the Town Board of the Town of Ulysses set the rate for the outside water users at 1 . 7 times the rate charged to water users within Water District 3 & 4. Ms . Marino aye Ms . Thomas aye Mr. Kerness aye , _ Mr. Romer aye Adopted Quotes for Leak Detection in Water System Ms. Marino contacted the New York Rural Water Association (NYRWA), which provides a services to municipalities including leak detection. The service is free to the Town as we are a member. Ms . Marino arranged to meet NYRWA on August 17 , 2010, at 10 a.m. with Mr. Austic to tour the water district and check for leaks . Next Steps with the Town of Ithaca Mr. Austic reported to the Town of Ithaca about the leak that was found at 1600 Trumansburg Road. The Town Boards can meet to work on a new proposal for a solution to financial issues as per 2003 Agreement and Town of Ithaca' s Supervisor recent suggestion. The Board discussed the 2-way meter option and other possible alternatives . Water Advisory Committee The Board would like to look into adding a resident to the Water Advisory Committee who is experienced in the field of water and has expressed interest in serving on the Water Committee. Dog Enumeration and Licensing Special Board Meeting 5 07/29/2010 The Board discussed the necessity of finding a dog enumerator, creating new license forms, a resolution and a local law for dog licensing because the State is turning responsibility over to the municipalities January 1 , 2011 . The Tompkins County Clerk ' s Association is taking the lead on this . Ms . Georgia found someone that is interested in doing the dog enumeration. Zoning The Conservation Zone will be presented to the Town Board on August 31 , 2010. Proposals are in from Bergmann Associates to review the Conservation Zone only, or to review the Conservation Zone plus assist with the Lakefront Zoning specifications so that the two zoning updates are on the same time frame through a coordinated public review and adoption. The Board discussed the proposals . Roads Task Force Ms . Marino reported on the meeting with the Association of Towns attorney Lori Mithen, Todd Mathes, attorney working with Delta Engineers, and Cornell University Local Roads Program Lynne Irwin and David Orr Ms . Marino would like to schedule time for the Board to speak further with Delta. Web Site The Board reviewed how the web site was progressing and Ms . Georgia asked some questions on how they wanted her information. Fireworks Permit The State has passed down the permitting responsibility for public fireworks to local governments . The Town Board will have Ms . Geldenhuys work on this with Mr. Rachun. Executive Session Ms. Marino moved to go into executive session to discuss matters related to the appointment, promotion, demotion, discipline, or removal of particular personnel . Mr. Romer seconded the motion and the vote was taken. Ms. Marino aye Ms . Thomas aye Mr. Kerness aye Mr. Romer aye Adopted Meeting was adjourned to go into executive session at 9 : 50 p .m. The meeting reconvened and a motion was made to adjourn the meeting at 10 : 25 p .m . Unanimously approved. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG: mlg Special Board Meeting 6 07/29/2010