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Home My WebLink About2013-05-28-WTB Town of Ulysses Working Town Board May 28 , 2013 Audio available at http ://www. ulysses . ny. us/council/tbmeetings/ Present: Supervisor Elizabeth Thomas ; Councilpersons Lucia Tyler, Nancy Zahler, David Kerness ; Town Clerk; Marsha Georgia; and Attorney Mariette Geldenhuys . Absent: Kevin Romer Others Present : Janice Johnson, Tompkins County Youth Service Coordinator and Heinz Riederer Supervisor Thomas called the meeting to order at 7 : 00 p . m. Agenda Approval Ms . Thomas moved to approve the agenda as presented . Unanimously approved by the Board Approval of Minutes Ms . Thomas moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of May 14, 2013 as corrected. Presentation of Recreation Partnership Ms . Thomas introduced Janice Johnson Coordinator of Tompkins County Youth Services to give a presentation and overall explanation of the services that the Recreation Partnership offers the youth of the Town of Ulysses and the Trumansburg School District. A few of the topics Ms. Johnson reviewed were the 2012 year end recreation registration summaries participation of youths and the activities they attended, a breakdown of total program costs, total shared amounts, total individuals, information on scholarships and the financial information of running the program and the increases that will be seen in the future . Audio available at http ://www. ulysses . ny. us/council/tbmeetings/ for full report. Ms . Tyler recommended that Ms. Johnson present this presentation to the Village of Trumansburg in hopes they may see the benefits to Village residents of the Rec Partnership that flow to the village because of the significant financial commitment of the Town to the programs. Old Business Appeal for Amicus Brief Attorney Geldenhuys said as it stands it looks like the amicus brief for the Middlefield and Dryden cases will be appealed again and the time frames are a bit quick. Ms . Geldenhuys reviewed the procedure that the Town would have to follow and the timelines ; first one being mid to late June 2013 . The Board discussed the process that they would like to follow. The general consensus was to do our best to make the June, 2013 deadline. A resolution is needed to retain Whiteman, Osterman & Hanna LLP to begin the work. Mr. Kerness moved, seconded by Ms . Zahler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses allocate $ 5000 to retain Whiteman, Osterman & Hanna LLP to start work. Ms . Thomas aye Ms. Tyler aye Ms . Zahler aye Mr. Kerness aye Town of Ulysses 2 Working Meeting 5/28/2013 Adopted Village Police Contract Ms . Thomas contacted other police agencies for contract hourly fees and based on her research recommends accepting the $40per hour cost the Village was asking for in the revised contract. The Board is fine with the $40/hour cost for the contact but there are a couple of other issues in the contract such as an automatic increase on renewal . Ms . Thomas will speak with Mayor Petrovic to make the changes . Ms . Thomas moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Thomas to sign the contact with the Village of Trumansburg for police protection for the town court once new language is negotiated. The Supervisor will request using the Attorney' s suggested language that the contract period is for one year and the rate of payment is set annually. Ms . Thomas aye Ms . Tyler aye Ms . Zahler aye Mr. Kerness aye Adopted Mainstay Contract Attorney Geldenhuys has reviewed the contract with Mainstay Builders for general maintenance and small repairs around the Town Hall . Ms . Geldenhuys said the contract looked fine but suggested putting in an end date for completion and ask about General Commercial Liability Insurance . Ms . Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Thomas to sign the contact in the amount of $2030 with Mainstay Builders to do various repairs on the Town Hall and install outdoor lighting as per the amended contract based on the recommendation from the Attorney for the Town made at the 5 /28/ 13 meeting . Ms . Thomas aye Ms . Tyler aye Ms . Zahler aye Mr. Kerness aye Adopted Clothing Allowance For Highway - Mr. Meeker has not furnished any additional information; the Board tabled until the next meeting. Natural Gas - Hazardous Waste Resolution Ms. Zahler moved, seconded by Mr. Kerness the following : SUPPORTING NYS BILLS A1046 AND S00674 CALLING FOR UNIFORM TREATMENT OF HAZARDOUS WASTES WHEREAS the purpose of New York State Assembly bill A1046 (same as NYS Senate bill S00674) is to amend the environmental conservation law in relation to the uniform treatment of waste; and • � c Town of Ulysses 3 Working Meeting 5/28/2013 WHEREAS currently wastes from the oil and natural gas industries are exempt from the regulations promulgated by the Department of Environmental Conservation despite the fact that these wastes may be hazardous in many instances; and WHEREAS these bills would require hazardous wastes produced from oil and natural gas activities to be subject to the Environmental Conservation Law (ECL) requirements for treatment of hazardous wastes by amending section 27-0903 to add a new section that would classify all waste resulting from oil or natural gas production activities as hazardous waste if such waste meets the definition of hazardous wastes set forth in the ECL; and f WHEREAS this legislation would ensure that when waste from oil and natural gas operations meets the definition of hazardous waste, that it be treated in a manner consistent with other hazardous wastes because failure to do so could present a real danger to public health and the environment; and WHEREAS there is no compelling reason why waste produced from oil and natural gas activities that meet the definition of hazardous waste should not be subject to the same laws regarding generation, transportation, treatment, storage and disposal as other hazardous wastes . THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses supports NYS Assembly bill A1046 (same as NYS Senate bill S00674) and encourages the passage of this bill by the Assembly, Senate and Governor; also RESOLVED that a certified copy of this resolution be sent to Governor Andrew Cuomo; New York State Department of Environmental Conservation Commissioner Joe Martens; New York State Department of Health Commissioner Nirav Shah ; New York State Association of Counties ; New York State Association of Towns ; New York State Association of State County Health Officials (NYASCHO); New York State Senator Thomas O 'Mara; New York State Senator and sponsor of the bill Tony Avella; New York State Assemblywoman Barbara Lifton ; NYS Assemblyman and sponsor of the bill Robert Sweeney; EPA Region 2 Administrator Judith Enck; EPA Acting Director Bob Perciasepe ; Senators Kirsten Gillibrand and Charles Schumer; Congressman Thomas Reed; DEC Department of Mineral Resources Director Bradley Field and DEC Department of Mineral Resources Assistant Director Katherine Sanford ; U . S . Department of Energy Secretary Earnest Moniz; President Barak Obama Ms . Thomas aye Ms . Tyler aye Ms . Zahler aye Mr. Kerness aye Adopted Natural Gas — Health Impact Study Resolution Ms . Zahler moved, seconded by Mr. Kerness the following : SUPPORTING NYS LEGISLATIVE BILLS A5424A/S04236A CALLING FOR A MORATORIUM ON HYDRAULIC FRACTURING UNTIL AFTER A COMPREHENSIVE HEALTH IMPACT ASSESSMENT IS COMPLETE. WHEREAS New York State Assembly bill A5424A (same as NYS Senate bill S04236A) notes in its justification that the potential for high volume hydraulic fracturing for natural gas in reservoirs such as the Marcellus and Utica Shale formations has led to robust debate regarding the safety of the process and the protection of the environment; and WHEREAS the purpose of New York State Assembly bill A5424A (same as NYS Senate bill S04236A) is to impose a moratorium until May 15 , 2015 on the issuance of certain natural gas drilling permits and requires the completion of a comprehensive health impact assessment done by a school of public health; and WHEREAS delaying the Department of Environmental Conservation ' s ability to issue permits will provide the New York State Legislature with additional time to assess the true public health and environmental impacts of hydraulic fracturing and will provide the opportunity for the completion of a comprehensive health impact assessment; and WHEREAS this bill will also help ensure the Legislature has adequate time to review DEC ' s Supplemental Generic Environmental Impact Statement (sGEIS) once it is produced . Such a moratorium will allow for a thorough, deliberate and unrushed analysis of all the factors involved . Town of Ulysses 4 Working Meeting 5/28/2013 THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses supports NYS Assembly bill A5424A (same as NYS Senate bill S04236A) and encourages the passage of this bill by the Senate and Governor; also RESOLVED that a certified copy of this resolution be sent to Governor Andrew Cuomo ; New York State Department of Environmental Conservation Commissioner Joe Martens; New York State Department of Health Commissioner Nirav Shah ; New York State Association of Counties ; New York State Association of Towns; New York State Association of State County Health Officials (NYASCHO); New York State Senator Thomas O ' Mara; New York State Senator and sponsor of the bill Tony Avella; New York State Assemblywoman Barbara Lifton ; NYS Assemblyman and sponsor of the bill Robert Sweeney; EPA Region 2 Administrator Judith Enck; EPA Acting Director Bob Perciasepe ; Senators Kirsten Gillibrand and Charles Schumer; Congressman Thomas Reed; DEC Department of Mineral Resources Director ��- Bradley Field and DEC Department of Mineral Resources Assistant Director Katherine Sanford; U . S . Department of Energy Secretary Earnest Moniz; President Barak Obama. Ms . Thomas aye Ms . Tyler aye Ms. Zahler aye Mr. Kerness aye Adopted Other Ms . Thomas updated the Board on some other old business : • Contract is signed for the audit to go ahead . • Alarms are being installed • Announced that the Jacksonville Association is holding a picnic July 9th • Sidewalks The board discussed the sidewalks and felt that they did not want asphalt (as Mr. Meeker had discussed) but would prefer concrete . Mr. Kerness said he could talk with Mr. Meeker further about this . NEW BUSINESS Village Police Contract — previously discussed Truck for Water Operator Mr. Austic emailed the Board explaining the situation with the truck he uses now and why he felt that a new or newer truck is needed . The Board discussed also the Jeep that the Town has and maybe this would be a good opportunity to look into the Car Share program . To learn more about the Car Share program they decided to have a representative come in and do a presentation . Other Business Ms . Thomas updated the Board on the following : • Re-bidding the hot water heater • Proceeding with air conditioning work with HSC for $300 (will revise quote) • Working on gathering employees sick, personal and vacation time • Received petition from Searsburg residents for reduced speed limit • Discussed the training program to be held at Cornell University this July. Tompkins County Municipal Health Insurance Consortium Ms . Tyler gave a brief overview of the Annual meeting of the Consortium on : • Financial Measures • Plan cost distribution and high cost claimants • Utilization of the program a. Town of Ulysses 5 Working Meeting 5/28/2013 Executive Session Ms . Thomas moved, seconded by Ms . Zahler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses moves to go into executive session to discuss matters related to the appointment, promotion, demotion, discipline, or removal of particular personnel . Ms . Thomas aye Ms . Tyler aye Ms. Zahler aye Mr. Kerness aye Adopted The meeting adjourned to executive session at 9 : 35 p . m . Meeting reconvened and adjourned at 10 : 10 p .m. . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk i