HomeMy WebLinkAbout2013-11-26-WTBTown of Ulysses
Working Meeting
November 26, 2013
Audio available at http://www.ulysses.ny.us/council/tbmeetings/
Present: Supervisor Elizabeth Thomas; Councilpersons Lucia Tyler, Nancy Zahler, and Kevin
Romer; Town Clerk; Marsha Georgia.
Absent: Councilman David Kerness
Others Present: Free Press Reporter Katherine Clement, Heinz Riederer, Tim Fallon, George
Brauhaus, Ithaca Journal Reporter Rob Montana, John Hertzler, Lawrence McCann, Melissa
McCann, and Brian McCann.
Supervisor Thomas called the meeting to order at 7 PM.
APPROVAL OF AGENDA
Ms. Thomas moved, seconded by Ms. Tyler the following:
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the agenda for
the November 26, 2013 as modified adding setting date for public hearing for Fire and
Ambulance agreements and also to allow Privilege of the Floor.
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Romer
aye
Adopted
ANNOUNCMENTS
Ms. Zahler announced that the Human Coalition of Tompkins County that is part of the NYS
Health Exchange will be at the Town Hall again this December 5th, 2013 advising people on how
they can sign up for affordable health care.
Ms. Thomas announced that the final copy is finished of the Town Of Ulysses Zoning Law for
the public hearing scheduled December 2, 2013. Distributed to the Town Board members and
the Town Clerk.
APPROVAL OF MEETING MINUTES
Ms. Thomas moved, seconded by Ms. Tyler the following:
Working Town Board Meeting 2
November 26, 2013
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of
the Town Board Working meeting of 10/22/2013, the Public Hearing of 10/22/2013, and
the Public Hearing of 10/30/2013 as modified.
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Romer
aye
Adopted
Ms. Thomas moved, seconded by Ms. Zahler the following:
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes
with the changes presented for the Regular Town Board meeting of 11/12/2013.
Ms. Thomas
aye
Ms. Tyler
abstained
Ms. Zahler
aye
Mr. Romer
aye
Adopted
APPOINTMENT OF DEPUTY SUPERVISOR
Ms. Thomas moved, seconded by Ms. Zahler the following:
RESOLUTION TO APPOINT DEPUTY SUPERVISOR
WHEREAS Lucia Tyler has served faithfully as Deputy Supervisor for the Town of
Ulysses, and
WHEREAS Ms. Tyler's term will end on December 31, 2013, and
WHEREAS to prevent leaving the a gap in time when the position is vacant,
THEREFORE BE IT RESOLVED that Supervisor Thomas appoints Nancy Zahler as her
Deputy Supervisor and thanks Ms. Zahler for agreeing to take this position.
Ms. Thomas aye
Ms. Tyler aye
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November 26, 2013
Ms. Zahler aye
Mr. Romer aye
Adopted
DECLARATION OF SURPLUS INVENTORY
BE IT RESOLVED that the following equipment and items belonging to the Town of
Ulysses are no longer of use to the Town and either little or no retail value and as such
can be either disposed of or donated in an environmentally responsible way.
TOU4 Computer Desktop Dell 2.99 GHz 2 gig ram, 150 gig HD
Optiplex 760 Serial #: 3136tkl Age 5 years Marsha Home.
TOU11 Computer Desktop Dell Single core 2.8 Ghz
Dimensions 5100C Serial #: 3106391 Age: 6 years Ulysses Youth
TOU12 Printer Hewlett Packard Laser Printer
HP Laserjet
1200 Series C7044A Serial #: CNBSF22978 Age 9 Years Supervisor's office - bookkeeper.
TOU13 Computer Desktop Dell Single core 2.8Ghz
Dimensions 5100C Serial #: 4106391 Age 6.00 records room.
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Romer
aye
Adopted
Tabled for discussion:
TOU31 Monitor SVA 22" flat panel wide screen
Model 2209 W Serial # 2209WD9032321 age 3 Years - Marsha home.
CONSIDERATION OF APPROVAL OF ENGENEERING CONTRACT FOR WATER
DISTRICT #3
Ms. Thomas reviewed the details and some of the problems with the Water District #3testing and
the need for a mixer. The Board decided to table the contract at this time until further discussion.
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November 26, 2013
DECEMBER WORKING MEETING
Ms. Thomas moved, seconded by Ms. Zahler the following:
BE IT RESOLVED that the Town Board of the Town of Ulysses resoles to cancel the
regularly scheduled working Town Board meeting of December 24 and set the meeting
instead on December 17, 2013.
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Romer
aye
Adopted
REQUEST TO EXTEND THE DEC COMMENT PERIOD ON LIQUIFIED NATURAL
GAS STORAGE
Ms. Thomas said that the storage and transportation of liquefied natural gas has been
controversial and outlawed in many areas for years. Liquefying the gas reduces the volume for
transport but makes it much more explosive. NYS has had a moratorium on LNG since an
explosion killed 40 people on Staten Island back in 1973. This resolution asks for a longer
comment period to review the plans.
Ms. Thomas moved, seconded by Ms. Tyler the following:
WHEREAS, the New York State Department of Environmental Conservation (NYSDEC)
has proposed to establish a permitting program for the safe siting, construction, and
operation of liquefied natural gas (LNG) facilities and transportation of LNG in New
York State (Proposed 6 NYCRR Part 570 - Regulation of Liquefied Natural Gas
Facilities), and
WHEREAS, NYSDEC initially established a 30 -day public comment period on the
proposed regulations that was to expire on November 4, 2013, and
WHEREAS, NYSDEC has now extended that time period by only an additional 30 days
to December 4, 2013, and
WHEREAS, these regulations are being proposed without a comprehensive independent
analysis of their potential impacts by NYSDEC, and
Ca
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November 26, 2013
WHEREAS, the review period is completely inadequate for a thoughtful and thorough
review of proposed regulations and related documents by local elected officials who meet
twice per month, and
WHEREAS, the Tompkins County Staff and Legislature needs adequate time to review
and assess the implications of the proposed regulations on its departments, facilities,
services, and residents, now therefore be it
RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality
Committee, That the Tompkins County Legislature urges that the NYSDEC should
extend the public comment period on the revised regulations to a total of 180 days,
RESOLVED, further, 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 Association of Counties, New York State Association of
Towns, Assemblywoman Barbara Lifton, Senator O'Mara, Tompkins County
Legislators and Tompkins County Council of Governments (TCCOG).
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Romer
aye
Adopted
CONTRACT AUTHORIZATION FOR INTERIM ATTORNEY
Ms. Thomas moved, seconded by Ms. Zahler the following:
BE IT RESOLVED that the Town Board of the Town of Ulysses resolves to authorize
the Town Supervisor to sign the letter of engagement dated November 21, 2013 with
Attorney Susan Brock for legal services backup for 2013.
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Romer
aye
Adopted
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CONSIDERATION OF COUNTY PROPERTY SALE TO STATE PARKS
Ms. Thomas said that the County withheld a property from the tax sale because NYS Parks was
interested in purchasing the property. The County has not historically asked for any municipal
input on these types of transactions, but Scott Doyle called to ask if the Town would pass a
resolution in support of the sale of the property to NYS Parks. The property is — 4 acres, located
on the west side of Taughannock Blvd, north of Perry City Rd, in the proposed Conservation
District, in a UNA and the Slope Overlay Area, and the back lot line is along the Black Diamond
Trail. Ms. Kiley provided a map, additional information from Scott Doyle and a draft resolution.
Ms. Thomas moved, seconded by Ms. Zahler the following:
SUPPORTING TOMPKINS COUNTY'S TRANSFER OF TAUGHANNOCK BOULEVARD
PARCEL WHICH BUFFERS THE BLACK DIAMOND TRAIL TO THE STATE OF NEW
YORK
WHEREAS, twenty two (22) parcels were subject to foreclosure proceedings by
Tompkins County in 2012, and
WHEREAS, Town of Ulysses Tax Parcel #27-4-6 was one of the parcels subject to
foreclosure, and
WHEREAS, the parcel is a vacant, 4.10 -acre parcel located on Taughannock Boulevard,
north of Perry City Road, and
WHEREAS, the parcel is located in the County -designated Lakeshore Natural Features
Focus Area, the Maplewood Glen and Lakes Slopes Unique Natural Area (UNA-62), the
Cayuga Lake Scenic Byway, and the Town's proposed Conservation District and Slope
Overlay Area, and
WHEREAS, the parcel is bordered to the west by approximately 380' of the Black
Diamond Trail, and
WHEREAS, the County Planning Department recommended that the Government
Operations Committee withhold the parcel from the 2012 foreclosure auction in order to
study options for the parcel's protection, and
WHEREAS, the Government Operations Committee voted to withhold the parcel from
the 2012 foreclosure auction, and
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Working Town Board Meeting 7
November 26, 2013
WHEREAS, New York State Parks expressed interest in acquiring the parcel to serve as
a buffer to the Black Diamond Trail, and
RESOLVED, on recommendation of the Ulysses Town Board, that the Town supports
the County's effort to implement the transfer to the State of New York.
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Romer
aye
Adopted
REVIEW OF FIRE AND EMS CONTRACTS
The Board reviewed the Fire and Ambulance agreements submitted by the Village of
Trumansburg and reviewed by Ms. Geldenhuys. The Board made a few changes and additions
per Supervisor Thomas.
AGREEMENT
THIS AGREEMENT, made the day of , 2013, by and between the
Village of Trumansburg, a municipal corporation situated in the County of Tompkins, State of
New York (hereinafter "Village"), and the Town of Ulysses, a municipality situated in the
County of Tompkins, State of New York (hereinafter "Ulysses").
WITNESSETH
WHEREAS, Village maintains an ambulance department with a basic and advanced life support
transporting ambulance service;
WHEREAS, the Town desires to provide ambulance services to its residents and persons situated
within a portion of the Town's borders;
WHEREAS, the Town has formed an ambulance district for the purpose of contracting for
ambulance protection.
WHEREAS, in order to defray the cost of purchasing and maintaining a Village ambulance
service and in order to provide the Town with the services it desires, it is necessary for Village to
receive payments from municipalities, which may be offset by user fees for services; and
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WHEREAS, such emergency services are vital and necessary to the health and welfare of the
inhabitants of the Town;
WHEREAS, in joint cooperation as contemplated by General Municipal Law 122-b, the parties
agree to cooperate to provide an ambulance service to persons situated in the area described
herein;
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained,
the parties hereto mutually agree as follows:
1. PROVISION OF EMERGENCY MEDICAL SERVICES
(a) Village will provide Town with basic and advanced life support emergency
medical ambulance services, which complies with the regulations of the New
York State Department of Health, Bureau of Emergency Medical Services to
serve the emergency medical needs of those persons within the boundaries
described herein. Services to be provided include Basic Life Support transport
and treatment and arranging for or providing Advanced Life Support Treatment.
(b) The provision of equipment, services and transportation are limited to the extent
reasonable and possible based upon Village's available resources and personnel.
(c) The territory served shall be the Town of Ulysses Ambulance District, as
described in a resolution adopted by the Town of Ulysses.
2. TERM
The term of this Agreement shall be for a period of one year, commencing on the 1St day of
January, 2014 and shall continue through the 31St day of December, unless sooner terminated as
herein provided.
3. COMPENSATION
Town agrees to pay village the amount of $272,684 for the provision of ambulance services, and
such amount shall be paid to Village no later than March 1St of the contract's calendar year.
Failure of the town to remit the contract fee within ten (days) of such date shall result in a late
fee of $50.00 per day and shall entitled Village to terminate this Agreement.
A. Town may establish a schedule of user fees to be imposed upon persons served by the
Village, but it is not required to do so. If no fees are established, then the Village shall
provide such services without charge to the patient. In event a schedule of fees is
established by the Town, the Village shall impose such fees and collect the funds
deriving therefrom. The Village shall provide an accounting of the funds received from
Working Town Board Meeting 9
November 26, 2013
persons served in the boundaries of the contracted area approximately each month.
B. Within thirty (30) days after the completion of the contract year, or more often as agreed
to by the parties, the Village will remit to the Town the total amount of funds collected
from persons served in the contracted area, less the Village's fees associated with the
collection of such funds for persons in such contracted area.
C. At all times, the funds generated from billing shall belong to the Town. In the event the
agreement is terminated, the net billing funds shall be remitted to the Town, whenever
collected.
Town may implement a charity care policy to be adhered to by the Village.
4. AVAILABILITY OF SERVICE
Town recognizes that in some or all cases, only basic life support may be available or apparently
necessary based upon the information available. Town also recognizes that on some occasions
no ambulance may be available due to Village's lack of vehicles and/or personnel to respond to
all emergencies for which it contracts to provide services, both within and without the Town's
boundaries. Town holds Village harmless for the Village's failure to provide services on
occasions when such resources are temporarily unavailable.
5. REPORTING
The Village will provide the Town with quarterly reports of the number of calls received for
service and number responded to by the Village Ambulance Service.
6. INSURANCE
Village agrees to maintain liability insurance sufficient to insure itself against claims for
unintentional torts resulting in personal injuries in the amount of Three Million Dollars
($3,000,000.00). Village agrees to maintain automobile insurance for injuries arising out of the
operation of emergency vehicles for at least One Million Dollars ($1,000,000.00). Village shall
have the Town named as an additional insured in the insurance policy and present the Town with
a certificate of insurance and make arrangements for automatic notification of the Town in the
case the insurance policy lapses or is cancelled.
Village shall be responsible for providing the Volunteer Ambulance Workers Benefit Law
benefits and workers compensation benefits, as required by such laws.
7. NO EMPLOYMENT
mom
Village's employees shall not be deemed
employment relationship which subjects
supervision and control of the Town nor i
supervision on behalf of the Town.
8. CONFIDENTIALITY
Working Town Board Meeting 10
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employees of the Town. Nothing herein creates an
the Village or its employees/volunteers to the
s intended to create any municipal liability for such
Nothing herein shall entitle the Town to the name, address or social security number of any
patient served. The Town will not require Village to release any patient's medical information.
9. CONTINUATION OF SERVICES
If Village's services continue to be provided by the request of the Town beyond the expiration of
the term hereof, the terms of this Agreement shall continue on a monthly basis unless and until
the parties enter into a subsequent written agreement.
10. EXPIRATION OR TERMINATION OF RESPONSIBILITIES
Upon expiration or termination of the Agreement as provided hereunder, Village shall have no
liability or responsibility for providing services under this Agreement to any person within the
Town's boundaries. In the event either party desires to cancel this Agreement or cease providing
or receiving ambulance services, the terminating party must provide written notice thereof to the
other party at least ninety (90) days prior to the expiration of any term of the Agreement.
11. GROUNDS FOR TERMINATION
This Agreement shall terminate prior to the expiration of the term hereof upon the happening of
any of the following events:
(a) upon the Town's failure to deliver the monies due Village under this Agreement
by the date due, so long as Village provides thirty (30) days written notice to the
Town of the date it will stop providing services;
(b) upon the loss or suspension of Village's ability to deliver emergency medical
services due to the loss of a certificate of need or the loss of operating permits or
licenses. In such instance, Village shall reimburse Town for the prorated balance
of the fee paid for the then term.
12. NOTICES
All notices, requests, demands and other communications required or permitted to be given
hereunder shall be in writing, and shall be deemed duly given if delivered by hand or mailed by
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registered or certified mail, return receipt requested, to the parties at their respective addresses
hereinabove stated or to such other addresses as may be designated by written notice complying
as to delivery with the terms of this Section.
13. SAVINGS CLAUSE
If any provision of this Agreement is determined to be legally invalid, inoperative or
unenforceable, only that particular provision shall be affected, such determination shall have no
effect whatsoever on any other provision of this Agreement, and all other provisions shall remain
in full force and effect.
14. WAIVER
No delay or failure to exercise any remedy or right occurring upon any default shall be construed
as a waiver of such remedy or right, or acquiescence in such default, nor shall; it affect any
subsequent default of the same or a different nature. All rights and remedies herein conferred
shall be in addition to and not exclusive of any and all other rights or remedies now or hereafter
existing at law or in equity.
15. HEADINGS
All headings and captions in this Agreement are for convenience only. They shall not be deemed
part of this Agreement and shall in no way define, limit, extend or describe the scope or intent of
any provisions hereof.
16. FURTHER ASSURANCES
The parties shall execute and deliver all documents, provide all information and take or forbear
from all such action as may be necessary or appropriate to achieve the purposes set forth in this
Agreement.
17. BINDING EFFECT
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and
their respective heirs, executor, administrators, successors and assigns.
18. COUNTERPARTS
This Agreement may be executed in counterparts and each such counterpart, when taken
together, shall constitute a single and binding Agreement.
19. GOVERNING LAW
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This Agreement shall be governed by and construed in accordance with the laws of the State of
New York. The County of Tompkins in the State of New York is hereby designated as the place
of trial for any action or proceeding arising from or in any way connected to this Agreement.
20. NO ASSIGNMENT
This Agreement shall not be assigned by any party without the prior written consent of the other
party.
21. GENDER NEUTRAL
Wherever used herein and required by the context, the singular number shall include the plural,
the plural shall include the singular number, and the use of either gender shall include both
genders and the words "hereof' and "herein" and "hereafter" shall refer to the entire Agreement
and not to any provision or section.
22. ENTIRE AGREEMENT
This Agreement is the entire agreement among the parties and shall not be changed, except by a
writing signed by the party to be charged. Further, this Agreement shall supersede all prior
agreements between the parties.
IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals as of the
day and year first above written.
TOWN OF ULYSSES
:•
Elizabeth Thomas, Supervisor
VILLAGE OF TRUMANSBURG
:•
AGREEMENT
THIS AGREEMENT, made the day of , 2013, by and between the
Village of Trumansburg, a municipal corporation situated in the County of Tompkins, State of
New York (hereinafter "Village"), and the Town of Ulysses, a municipality situated in the
County of Tompkins, State of New York (hereinafter "Ulysses").
WITNESSETH:
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WHEREAS, there has been duly established in the Town of Ulysses, County of Tompkins and
State of New York, and the Town of Covert, County of Seneca, and State of New York, and the
Town of Hector, County of Schuyler, and State of New York a fire protection district known as
"The Fire Protection District of the Towns of Ulysses, Hector and Covert" embracing territory in
the Town of Ulysses described as follows: All of the Township of Ulysses, County of Tompkins
and State of New York, excepting for the area within the limits of the incorporated Village of
Trumansburg;
WHEREAS, Village maintains a volunteer fire department;
WHEREAS, such fire protection services are vital and necessary to the health and welfare of the
inhabitants of the Town's fire protection district; and
WHEREAS, Town Law Section 184 permits a Town to contract with a village maintaining
adequate and suitable apparatus and appliances for the furnishing of fire protection services in
such fire protection district; and
WHEREAS, the Village maintains adequate and suitable apparatus, equipment and training for
the furnishing of fire protection within such fire protection district; and
WHEREAS, the Town agrees that the Village shall be the primary provider of fire protection in
the Town of Ulysses Fire Protection District;
WHEREAS, a public hearing has been duly held in accordance with the Town Law;
WHEREAS, the Village maintains an ambulance department, but such services are not provided
under this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained,
the parties hereto mutually agree as follows:
1. PROVISION OF FIRE PROTECTION SERVICES
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Village will provide Town with fire protection capable of responding to fire related and health
related emergencies on an on-going basis within the Fire Protection District. Fire protection
shall not include inspections of buildings and properties in the fire protection district, and shall
not include the provision of general ambulance services.
It is mutually understood and agreed by and between the parties hereto that volunteers staff the
fire department. Volunteers are not always available for service.
2. TERM
The term of this Agreement shall commence on January 1, 2014 and shall continue for a period
of one (1) year unless sooner terminated as herein provided.
3. COMPENSATION AND VFBL
Town agrees to pay village the amount of $158,112 for the provision of ambulance services, and
such amount shall be paid to Village no later than March 1" of the contract's calendar year.
The village shall procure and keep in effect all insurance covering the liability of the Town of
Ulysses for compensation payable to volunteer firemen as required by Section 30 of the
Volunteer Firefighters' Benefit Law (VFBL), the General Municipal law and/or other applicable
Laws of the State of New York, and will also procure and maintain insurance covering the
firefighting apparatus and other equipment to be used in the rendering of fire protection to the
town of Ulysses for personal liability, property damage and collision loss.
4. HOLD HARMLESS
Town recognizes that Village's fire department is staffed by volunteers and that the fire
department can only make reasonable efforts to recruit and retain volunteers. Town agrees to
hold Village harmless for Village's failure to provide sufficient manpower at any single incident.
This paragraph shall not relieve the fire department for making arrangements for coverage for
occasions when the fire department is unable to respond or does not respond with sufficient
manpower and equipment.
5. REPORTING
The Village will provide the Town with quarterly reports of the number of calls received for
service and number responded to by the Village Fire Service.
6. INSURANCE
As required in paragraph 3 above, Village shall maintain liability insurance sufficient to insure
itself against claims for unintentional torts resulting in personal injuries in an amount of no less
than One Million Dollars ($1,000,000.00). Village shall maintain automobile insurance for
injuries arising out of the operation of emergency vehicles in an amount of no less than Five
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Hundred Thousand Dollars ($500,000.00). Village shall name the Town as an additional insured
in Village's insurance policy. Village shall ensure that the Town receives notice of any
terminations or suspensions of such insurance.
7. MISCELLANEOUS
[Intentionally left blank]
8. GROUNDS FOR TERMINATION
Village may terminate this Agreement upon the Town's failure to deliver the monies due Village
under this Agreement by the date due, so long as Village provides forty-five (45) days written
notice to the Town of the date it will cease providing services. If the Town remits such funds to
the Village during this seven day notice period, Village shall not terminate services based upon
the Town's failure to pay this annual contract payment.
Town may terminate this Agreement upon the loss or suspension of Village's ability to deliver
fire protection services.
In the event that the Village permanently ceases or refuses to provide fire protection and/or the
Town or Village terminates this agreement, Village shall remit a pro -rata share of the Town's
funds to the Town for the remaining term of this Agreement. The failure of the Village to remit
such funds shall cause the Village to pay the Town an additional five (5%) percent interest on the
unpaid funds from the date of the termination of the agreement, or cessation of fire services,
whichever is earlier.
9. NOTICES
All notices, requests, demands and other communications required or permitted to be given
hereunder shall be in writing, and shall be deemed duly given if delivered by hand or mailed by
registered or certified mail, return receipt requested, to the parties at the following address:
Village of Trumansburg Town of Ulysses
Town Supervisor, Elizabeth Thomas
10 Elm St
Trumansburg, NY 14886
10. SAVINGS CLAUSE
If any provision of this Agreement is determined to be legally invalid, inoperative or
unenforceable, only that particular provision shall be affected, such determination shall have no
effect whatsoever on any other provision of this Agreement, and all other provisions shall remain
in full force and effect. Should the law be amended such that any term of this Agreement shall
be rendered null and void or unenforceable, or should the law require a provision in this
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Agreement that is not presently recited, such agreement shall be deemed amended as of the
effective date of the amendment to the law.
11. WAIVER
No delay or failure to exercise any remedy or right occurring upon any default shall be construed
as a waiver of such remedy or right, or acquiescence in such default, nor shall; it affect any
subsequent default of the same or a different nature. All rights and remedies herein conferred
shall be in addition to and not exclusive of any and all other rights or remedies now or hereafter
existing at law or in equity.
12. HEADINGS
All headings and captions in this Agreement are for convenience only. They shall not be deemed
part of this Agreement and shall in no way define, limit, extend or describe the scope or intent of
any provisions hereof.
13. FURTHER ASSURANCES
The parties shall execute and deliver all documents, provide all information and take or forbear
from all such action as may be necessary or appropriate to achieve the purposes set forth in this
Agreement.
14. BINDING EFFECT
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and
their respective heirs, executor, administrators, successors and assigns. The public shall not be
deemed a third party beneficiary of this Agreement.
15. COUNTERPARTS
This Agreement may be executed in counterparts and each such counterpart, when taken
together, shall constitute a single and binding Agreement.
16. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
New York. The County of Tompkins in the State of New York is hereby designated as the place
of trial for any action or proceeding arising from or in any way connected to this Agreement.
17. NO ASSIGNMENT
In accordance with the provisions of Section 109 of the General Municipal Law of the State of
New York, Ulysses is hereby prohibited from assigning, transferring, conveying, or otherwise
disposing of this agreement, or its power to execute this Agreement, to any other person or
corporation without the express written consent of Village. Any such assignment or disposition
without such consent shall be void and unenforceable.
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18. ENTIRE AGREEMENT
This Agreement is the entire agreement among the parties and shall not be changed, except by a
writing signed by the party to be charged. This Agreement shall supersede all prior agreements
between the parties.
IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals as of the
day and year first above written.
Village of Trumansburg Town of Ulysses
ME
Ms. Tyler moved, seconded by Ms. Zahler the following:
BE IT RESOLVED that the Town Board of the Town of Ulysses excepts foregoing
amended Ambulance Agreement language as the final copy for the Public Hearing.
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Romer
aye
Adopted
Ms. Zahler moved, seconded by Ms. Tyler the following:
BE IT RESOLVED that the Town Board of the Town of Ulysses excepts foregoing
amended Fire Agreement language as the final copies for the Public Hearing.
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Romer
aye
Adopted
SET DATE FOR PUBLIC HEARING FOR FIRE & AMBULANCE AGREEMENTS
Ms. Zahler moved, seconded by Ms. Tyler the following:
BE IT RESOLVED that the Town Board of the Town of Ulysses sets the date of
December 17, 2013 at 6:45 p.m. at the Town Hall for the purpose of hearing public
comments on the Fire and Ambulance Agreements with the Village of Trumansburg.
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November 26, 2013
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Romer
aye
Adopted
PRIVEGE OF THE FLOOR
Heinz Riederer read statement as follows:
Please be advised that the executive session held yesterday November 25, 2013 during the
Special Board meeting was held without the mandated Board vote (see NY Public Officers Law
Section 105.11). In addition, the Board did not announce a lawful reason for the executive
session. Therefore, said executive session was held illegally and is therefore null and void.
Ms. Thomas said that for the record it was for advice of counsel not an executive session.
Lawrence McCann read statement as follows:
This is an unprepared statement from my family, present tonight at the Town Board Meeting,
having traveled a long distance to be here.
What I have seen from the Ulysses Town Board, after working so hard to protect Ulysses,
disappoints and amazes my family and me. Supervisor Thomas, you seem to have forgotten
Melissa was beside you at The State Theatre and that she created the publicity for the DEC
Hearing to protect our community. You talk of consistency, yet you behave in an inconsistent
manner. Tonight you discussed extending the DEC comment period. Yet, on a local level, you
will not fairly and democratically extend the rush to pass an unequal and unfair Zoning Draft,
which the majority of effected taxpayers/landowners has petitioned to delay and survey.
Everything I have experienced with respect to this Ulysses Zoning has far been worse than
anything I experienced from the Oil and Gas Fracking Industry. You have contemptuously
treated us with threats of arrest, misinformation, procedural irregularity and misstatements of
fact, while ignoring our pleas for inclusiveness.
Lucia, you talk of "legacy". Nancy you ran on a platform of bringing residents together.
Slow the process, deliberate democratically in an inclusive manner. Both incoming members of
the Town Board have expressed a desire to help resolve this zoning conflict, fairly, as any
democracy should.
What is the rush?
Working Town Board Meeting 19
November 26, 2013
Tim Fallon said that he supports what Mr. McCann said and what is the rush.
ADJOURN
Hearing no further Ms. Tyler moved, seconded by Ms. Zahler to adjourn the meeting. Meeting
adjourned at 8:35 p.m.
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk
—19—