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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 —2— Working Town Board Meeting 3 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. —3— Working Town Board Meeting 4 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 Working Town Board Meeting 5 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 —5— Working Town Board Meeting 6 November 26, 2013 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 mom 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 —7— Working Town Board Meeting 8 November 26, 2013 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 November 26, 2013 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 —10— Working Town Board Meeting 11 November 26, 2013 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 —11— Working Town Board Meeting 12 November 26, 2013 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: —12— Working Town Board Meeting 13 November 26, 2013 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 —13— Working Town Board Meeting 14 November 26, 2013 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 —14— Working Town Board Meeting 15 November 26, 2013 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 —15— Working Town Board Meeting 16 November 26, 2013 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. —16— Working Town Board Meeting 17 November 26, 2013 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. —17— Working Town Board Meeting 18 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—