HomeMy WebLinkAbout2022-07-26-TB-FINAL-minutesTOWN BOARD MEETING
Town of Ulysses
July 26, 2022
Video recordings of meetings are available on Youtube at
https://www.youtube.com/channel/UCWVIs--g9CpHIxdk9YxZyPw.
The meeting was held via Zoom videoconference at
Notice of Town Board meetings are posted on the Town’s website and Clerk’s board.
CALL TO ORDER:
Ms. Olson called the meeting to order at 7pm.
ATTENDANCE:
TOWN OFFICIALS
Via Zoom:
Supervisor- Katelin Olson
Board members- Michael Boggs, Roxanne Marino, Rich Goldman, Mary Bouchard, Rich
Goldman
Town Clerk- Carissa Parlato
Second Deputy Supervisor/Budget Officer- Michelle E. Wright
OTHERS:
Marlaine Darfler, Colleen Boland, Cait Darfler, Jerry Reynolds, Linda Liddle, Karen, Katie, Rob,
Amy Morris, Erick Whelpley, Clarissa Farrell
APPROVAL OF AGENDA:
Motion:
Mr. Goldman moved that the agenda for July 26, 2022 be approved. This was seconded by Mr. Boggs
and passed unanimously.
PUBLIC HEARING:
Marlaine Darfler spoke in favor of the law noting that the draft was thoughtfully executed and many
angles explored. She believes it to be protective of local agricultural and the fair. She praised the
work of the Cayuga Nature Center. She thinks that current laws protecting animals and traveling
shows are inadequate, poorly enforced, and often ignored. As such, many local and state
governments are filling the void by passing stronger laws. She added that animals used in traveling
shows live a life of domination, confinement, and often violent training practices. She does not
believe that by viewing caged trained animals, people are gaining any appreciation for the uniqueness
or their dignity.
She went on to say that there is no educational or financial benefit to showing animals this way and
locals would likely boycott if it continues to be allowed.
Colleen Boland said that supports all that Ms. Darfler said.
2
Jerry Reynolds stated that the Trumansburg Fair Board is against this law. In 65 years no one has ever
been harmed and a beautiful tiger from Florida wants to come and show his beauty but will not be
allowed to.
Amy Morris said that we have evolved and some things that used to be ok are not any more. Her
family stopped going to the fair because her kids cried seeing the animal displays.
Closing the hearing:
Hearing no further comments, Mr. Goldman made a motion to close the hearing at 7:10pm. This was
seconded by Ms. Bouchard.
PRIVILEGE OF THE FLOOR: (3 minute limit)
none
OLD BUSINESS:
LOCAL LAW TO PROHIBIT THE DISPLAY OF WILD AND/OR EXOTIC ANIMALS IN A TRAVELING
RESOLUTION #117 OF 2022: LOCAL LAW TO PROHIBIT THE DISPLAY OF WILD AND/OR
EXOTIC ANIMALS IN A TRAVELING
WHEREAS, the Town has the authority to adopt the local law referred to above (hereafter “the
Local Law”) pursuant to §10(1)(ii)(a)(1) and §10(1)(ii)(d)(3) of the New York State Municipal
Home Rule Law; and
WHEREAS, the Town is committed to ensuring public safety and animal welfare; and
WHEREAS, the proposed law would continue to allow a wide variety of animal educational
experiences within the Town; and
WHEREAS, a public education session was held on July 12, 2022 at 6:30pm and all parties in
attendance were permitted an opportunity to ask questions about the proposed local law;
and
WHEREAS, a public notification for the public hearing was duly published in the Ithaca Journal
on July 26, 2022; and
WHEREAS, a Public Hearing was held on July 26, 2022 at 7:00 p.m., and all parties in
attendance were permitted an opportunity to speak in favor of or in opposition to the Local
Law, or any party thereby, and
NOW, THEREFORE, BE IT
RESOLVED THAT the Town Board of the Town of Ulysses hereby approves the to Prohibit the
Display of Wild and/or Exotic Animals in a Traveling Animal Act.
Moved: Mr. Goldman Seconded: Ms. Marino
Olson aye
Boggs nay
Bouchard nay
Goldman aye
Marino aye
Vote: 3-2
3
Date Adopted: 7/26/22
SPECIAL EVENT ORDINANCE UPDATE
Ms. Marino gave a brief update on this and noted that she sent a document to the board late in the
afternoon after speaking with the Attorney for the Town. She confirmed that the current draft would
not apply to events at Taughannock Falls State Park. Ag community residents thought that this might
be detrimental to events happening there but the code officer has never received a permit for any
such event.
She specified the following areas to be addressed:
• There was confusion regarding Section B for the number of permits/year
• Amount of time- wording
• Could consider having the BZA approve excess permits rather than the TB
• Requirements: health dept approval only comes right before event so need to take this into
consideration
• Determination of violations/fines
• Dept of Health has different thresholds for events that could be used as a guideline
Mr. Boggs inquired about the special events permit for this year’s Grassroots festival as it was not
issued.
Ms. Olson confirmed that the Town of Ulysses special events permit was not issued because due to
certain threshholds not being met.
Mr. Goldman stated that it is a problem that Grassroots sells camping tickets before having a permit.
Ms. Olson said that the Dept. of Health outlined a permit timeline and terms for Grassroots last fall
that included having fire lanes, numbered campsites, and an appropriate amount of handwashing and
porta potties.
Mr. Goldman felt that 800 campsites is way too many for Falls Rd. and that the penalty structure
should be raised according to size of event.
Mr. Boggs noted that the law must be created according to what the town is actually willing to
enforce.
Ms. Olson said that the town and county health dept. were monitoring the property for public safety
and keeping roads open for responders all weekend.
Ms. Bouchard is in favor of having the Planning Board and/or Board of Zoning Appeals review permits
so that the Town Board has more information when deciding to approve.
Ms. Olson agreed and added that the law should require town board approval based on event size
rather than the number of events.
4
BUDGET RETREAT
Ms. Wright encouraged the board to be proactive in requesting any data that they might need for the
budget retreat next week. The agenda will include 2023 work plan, sales tax, mortgage tax, capital
plans, and community funding.
Mr. Boggs would like to know about any big plans for dept., budget narratives from the past two
years and budgeted vs. actual amounts.
Ms. Marino would like to see a graph of sales tax over the past decade to more easily spot trends.
COMPREHENSIVE PLAN GRANT UPDATE
RESOLUTION #118 of 2022: APPLICATION TO 2022 NEW YORK STATE CLIMATE SMART
COMMUNITIES GRANT PROGRAM
Whereas, the Town of Ulysses, a bronze-certified Climate Smart Community, seeks to update
its 2009
Comprehensive Plan and incorporate sustainability elements into a revised plan, to help guide
the
community with mitigation of, and adaptation to climate change; and,
Whereas, the preparation of a Comprehensive Plan with Sustainability Elements is an eligible
project
type, in the Certification category (PE6 Action), under the 2022 New York State Climate Smart
Communities Grant Program; and,
Whereas, The Town of Ulysses hereby requests financial assistance from the New York State
Climate
Smart Communities Grant Program pursuant to Environmental Conservation Law Article 54,
Title 15;
and,
Whereas, The Town of Ulysses certifies that it has identified $55,404 of matching funds from a
combination of volunteer and in-kind staff time working directly on the project, and a cash
match from
the Part-Town B Fund pursuant to the requirements of Environmental Conservation Law
Article 54 Title
and,
Now, Therefore, Be It
Resolved, that The Town of Ulysses hereby authorizes Michelle E. Wright, Second Deputy
Supervisor and Budget officer, an employee, to act on its behalf in submittal of an application
through the Consolidated Funding Application for $110,808, to be used for the Town of
Ulysses Climate Smart Comprehensive Plan Update Project.
Moved: Ms. Bouchard Seconded: Ms. Marino
Olson aye
Boggs aye
Bouchard aye
Goldman aye
5
Marino aye
Vote: 5-0
Date Adopted: 7/26/22
CEMETERY GRANT
Ms. Wright noted that we are in the process of closing out the grant and both the DOT and Tompkins
County owe us some funds.
NEW BUSINESS:
ESTABLISHMENT OF PAY RATE FOR DEPUTY CLERK
RESOLUTION #119 of 2022: ESTABLISHMENT OF PAY RATE FOR DEPUTY CLERK
RESOLVED that the Ulysses Town Board approves a wage of $20/hr for the newly-appointed
Deputy Clerk Cassandra Beck.
Moved: Ms. Olson Seconded: Mr. Goldman
Olson aye
Boggs aye
Bouchard aye
Goldman aye
Marino aye
Vote: 5-0
Date Adopted: 7/26/22
NOVEMBER MEETING SCHEDULE
Ms. Olson will be away and proposes rescheduling the 11/22 TB meeting as it is so close to
Thanksgiving. The board agreed and will possibly reschedule for the 29th.
PRIVILEGE OF THE FLOOR (3 min limit per person):
Ms. Liddle agreed that site plan review will help to identify capacity at the Across the Way campsite.
Ms. Sanchez feels like Grassroots has ignored laws. She supports the additional review and suggested
that neighborhood disruption level be added as a consideration for approval. She further suggested
that fines increase if there are previous violations. She questioned whether an event is considered
“special” if it happens every year at same time. Finally, she let the board know that that a hot air
balloon almost crashed in her yard on Saturday.
EXECUTIVE SESSION:
Mr. Goldman moved to go into Executive Session at 8:47pm for the purpose of discussing personnel
matters as well as advice of counsel. This was seconded by Mr. Boggs and passed unanimously.
Ms. Bouchard moved to end Executive Session at 9:13pm. This was seconded by Mr. Boggs and
passed unanimously.
UPCOMING EVENTS:
6
• July 4- offices closed for holiday
• July 12- regular town board meeting
• July 26- regular town board meeting
• AUG. 2- BUDGET RETREAT
BOARD MEMBER ANNOUNCEMENTS & UPDATES
none
APPROVAL OF MINUTES
RESOLUTION #120 of 2022: APPROVAL OF 6/28/22 MINUTES
RESOLVED, that the Ulysses Town Board approve the meeting minutes from June 28, 2022.
Moved: Mr. Goldman Seconded: Ms. Marino
Olson aye
Boggs aye
Bouchard aye
Goldman aye
Marino aye
Vote: 5-0
Date Adopted: 6/28/22
RESOLUTION #121 of 2022: APPROVAL OF 7/12/22 MINUTES
RESOLVED, that the Ulysses Town Board approve the meeting minutes from the public
information meeting on July 12, 2022.
Moved: Mr. Goldman Seconded: Ms. Marino
Olson aye
Boggs aye
Bouchard aye
Goldman aye
Marino aye
Vote: 5-0
Date Adopted: 6/28/22
ADJOURN
Mr. Goldman made a motion to adjourn at 9:16pm. This was seconded by Ms. Bouchard and passed
unanimously.
Respectfully submitted by Carissa Parlato, Town Clerk
8/4/22
7
APPENDIX:
Chat file from Zoom:
00:11:43 Roxanne Marino: I have to try and rejoin, my internet is being unstable and I can't
hear anything clearly
00:20:25 Colleen Boland: Thank you. Great work..
00:41:37 Colleen Boland: I have to leave the call. Thank you for your work.
00:49:34 Roxanne Marino: I apologize that I am still having internet issues. Working to fix. I
may need to turn off the video, but I am here.
00:54:27 Karen: but if it is a a yearly thing, is it still a "special" event? expecially if they are
mapping out the "roads"
01:03:23 Karen: not only size of event but length ---- traffic, trucks before/after event and piles
of garbage still there now
01:07:39 Linda Liddle: 800 camp sites - need site plan review
01:08:10 Linda Liddle: There ae guidelines....
01:08:56 Karen: Thank you Richard!!!
01:39:37 Karen: yes i am Michael, thank nyou
Local Law on Exotic Animals:
LOCAL LAW NO. 3 OF THE YEAR 2022: A LOCAL LAW TO PROHIBIT THE DISPLAY OF WILD AND/OR
EXOTIC ANIMALS IN A TRAVELING ANIMAL ACT
Be it enacted by the Town Board of the Town of Ulysses as follows:
Section 1. Purpose.
The purpose of this local law is to prohibit the display of wild and exotic animals in a traveling
act.
Section 2. Enactment of Chapter 66, Article II of the Ulysses Town Code Entitled
“Prohibition on Display of Wild and/or Exotic Animals in a traveling animal act”.
There shall be a new Article II of Chapter 66 added to the Town of Ulysses Code, entitled “Prohibition
on Display of Wild and/or Exotic Animals in a traveling animal act”, which shall be numbered and read
as follows:
§66-21 Title.
The title of this article shall be “Prohibition on Display of Wild and/or Exotic Animals in a traveling
animal act.”
§66-22 Statutory Authority.
This article is enacted pursuant to the provisions of the Municipal Home Rule Law of the State of New
York.
§66-23 Purpose.
The Town Board of the Town of Ulysses, County of Tompkins, hereby finds and declares that the
purpose of this article is to protect the health, safety and welfare of the
8
residents of the Town of Ulysses from the dangers posed by the display of wild and exotic animals, as
well as the health, safety and welfare of those animals.
§66-24 Applicability.
This article shall apply to all areas of the Town of Ulysses, outside of the municipal boundaries of the
Village of Trumansburg.
§66-25 Definitions.
As used in this article, the following words shall have the meaning set forth herein.
Enforcement Officer
The Town Code Enforcement Officer, SPCA Humane Officer, officer of the peace, police officer, or
other person duly authorized by the Town Board of the Town of Ulysses to enforce this article.
Display
Any exhibition, fair, act, circus, ride, or similar undertaking in which wild and/or exotic animals are
required to perform tricks, give rides, or participate as accompaniments for the entertainment,
amusement, or benefit of a live audience, whether or not a fee is charged.
Mobile or Traveling Housing Facility
A transporting vehicle such as a truck, trailer or railway car, used to transport or house wild and/or
exotic animals while traveling for exhibition or other performance of those wild and exotic animals.
Traveling Animal Act
Any display of wild and/or exotic animals where such animals are transported to, from, or between
locations for the purpose of such display, in a mobile or traveling housing facility.
Wild and/or Exotic Animal
Wild and/or exotic animal means all animals classified in the following orders or families except the
species noted:
a) non-human primates and prosimians;
b) felidae,
except domestic cats;
c) canidae,
except domestic dogs;
d) ursidae;
e) marsupialia;
f) proboscidea;
g) crocodilia;
h) artiodactyla,
except,
any member of the genus Bos (domestic cattle); any member of the family Cervidae
(deer/elk);
any member of the family Suidae (pigs, hogs, boars);
any member of the family camelidae native to South America (Llamas and alpaca);
any member of the Caprine species (goat); any member of the genus Ovis (sheep);
9
Any member of the subtribe Bovina (bison/buffalo);
i) perissodactyla,
excepting horses, ponies, donkeys, and mules;
j) elasmobranchii;
k) pinnipedia; and
l) raties,
except ostriches and emu.
§66-26 Prohibited Acts.
It shall be unlawful for any person, business, entity, corporation, limited liability company or other
similar organization to allow for the display of a wild and/or exotic animal in a traveling animal act.
§66-27 Enforcement; Appearance Ticket.
Any Enforcement Officer shall administer and enforce the provisions of this article, and for such
purpose shall have the authority to issue appearance tickets.
§66-28 Penalties for Offenses.
A violation of this article shall constitute a violation as defined in the Penal Law of the State of New
York and shall be punishable by a penalty of $250 per offense. Each and every wild and/or exotic
animal exhibited and each day of exhibition shall each constitute a separate offense.
§66-29 Effective Date.
This article shall take effect upon filing with the Secretary of State.
Section 3. Remainder.
Except as hereinabove provided, the remainder of the Town Code of the Town of Ulysses shall remain
in full force and effect.
Section 4. Separability
The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word
or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance,
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the
remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their
application to other persons or circumstances. It is hereby declared to be the legislative intent that
this local law would have been adopted if such illegal, invalid, or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and as if such person or
circumstance, to which the local law or part thereof is held inapplicable, had been specifically exempt
therefrom.
Section 5. Effective Date
This Local Law shall take effect immediately upon filing with the New York State Secretary of State in
accordance with Section 27 of the Municipal Home Rule Law.