HomeMy WebLinkAbout2017-03-22-TB-FINAL-minutesTOWN BOARD MEETING
Town of Ulysses
March 22, 2017
Audio of the minutes are available on the website at ulysses.ny.us.
The meeting was held at the Ulysses Town Hall at 10 Elm Street, Trumansburg.
Notice of Town Board meetings are posted on the town's website and clerk's board.
ATTENDANCE:
PRESENT:
Supervisor- Liz Thomas
1St Deputy Supervisor/Board member- Nancy Zahler
Board members- Rich Goldman, John Hertzler
Town Clerk- Carissa Parlato
Highway Superintendent- Dave Reynolds
Planner- Darby Kiley
OTHERS PRESENT:
Jeff Jacobs, Diane Hillmann, Roxanne Marino, Libby Foust, Phil Antweiler, Hayden Brainard
ABSENT:
Michael Boggs
CALL TO ORDER:
Ms. Thomas called the meeting to order at 4:30 p.m.
GENERAL BUSINESS:
APPROVAL OF MEETING AGENDA
RESOLUTION 2017-61: APPROVAL OF MEETING AGENDA
BE IT RESOLVED that the Ulysses Town Board approve the agenda for March 22, 2017
with the additions of items 6f, 6g, a meeting date discussion and executive session for
acquisition of property.
Moved: Ms. Thomas Seconded: Mr. Hertzler
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
absent
Mr. Goldman
aye
Vote: 4-0
Date Adopted: 3/22/17
PRIVILEGE OF THE FLOOR:
Mr. Jacobs of 114 E. Seneca Road spoke regarding Manse Road near Jacksonville Methodist
Community Church. He objected to the town's proposed resolution to officially acquire the road.
Ms. Hillmann, one of the two residents of Manse Road, suggested moving up the discussion on the
agenda. She questioned the implications of the town's adoption of the road.
Mr. Brainard is a church trustee. He suggested that the board wait to vote until questions are
answered.
Ms. Foust, also a trustee, spoke with their insurance carrier and is concerned about the through -
traffic on the road.
Mr. Antweiler thanked the town for providing garbage cans for the park. He expressed support for
the continuing code enforcement efforts in Jacksonville. He further noted two properties in need of
immediate attention.
Ms. Marino shared her support for resolutions on agenda items 6a, 6b, 6c.
REPORTS FROM REPRESENTATIVES:
(See Appendix A)
DISCUSSION:ACKNOWLEDGING MANSE ROAD AS A TOWN OF ULYSSES ROAD
The board and audience discussed the issue.
Church trustees agreed that they do not want the town to take possession of the road.
Ms. Thomas suggested that the residents and church members further discuss the issue to come to
an agreement on how to handle safety issues of the road.
TOWN REPORTS:
(See Appendix A)
EXECUTIVE SESSION:
Ms. Thomas moved to go into Executive Session at 5:18pm for the purpose of discussing the
acquisition of real property. This was seconded by Mr. Hertzler and passed unanimously.
Mr. Goldman moved to end Executive Session at 6:O1pm, seconded by Mr. Hertzler and passed
unanimously.
OLD BUSINESS:
NYSEG ENERGY EFFICIENCY PROPOSALS FOR TOWN BUILDINGS
The board decided to put this discussion on hold until more data was gathered.
ENGAGING A FINANCIAL ADVISOR FOR REPAIRS TO WD3
RESOLUTION 2017-62: ENGAGING A FINANCIAL ADVISOR FOR REPAIRS
TO WATER DISTRICT 3
WHEREAS the Town of Ulysses requested proposals for municipal financial consulting
services from four firms specializing in municipal financing to assist with funding needed
to assure Water District 3 water quality meets EPA standards for chlorination by-products;
and
WHEREAS the RFP was mailed on January 12, 2017; and
WHEREAS two proposals were received,
Therefore, Be It
RESOLVED that based on price and recommendations, the Town of Ulysses Town Board
authorizes the Town Supervisor to enter into a contract with Municipal Solutions, Inc. for
the purposes of assisting with municipal funding needs for Water District 3 remediation of
chlorination by-products as required by the Tompkins County Department of Health and the
United States Environmental Protection Agency, and further
RESOLVED that the Town Clerk will provide the Municipal Solutions and the Ulysses
Town Supervisor with a certified copy of this resolution.
Moved: Ms. Thomas
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
absent
Mr. Goldman
aye
Vote: 4-0
Date Adopted: 3/22/17
NEW BUSINESS:
Seconded: Ms. Zahler
SUPPORT OF TOMPKINS COUNTY RESOLUTION TO MAINTAIN A SAFE,
INCLUSIVE GOVERNMENT AND ENSURE PROTECTION, ORDER, CONDUCT,
SAFETY, HEALTH, AND WELL-BEING OF ALL PERSONS IN TOMPKINS COUNTY
RESOLUTION 2017-63: SUPPORT OF TOMPKINS COUNTY RESOLUTION TO
MAINTAIN A SAFE, INCLUSIVE GOVERNMENT AND ENSURE PROTECTION,
ORDER, CONDUCT, SAFETY, HEALTH, AND WELL-BEING OF ALL PERSONS
IN TOMPKINS COUNTY
RESOLVED that the Town of Ulysses supports attached the Tompkins County resolution
2017-21 to maintain a safe, inclusive government and ensure protection, order, conduct,
safety, health, and well-being of all persons in Tompkins County, and further
RESOLVED a certified copy of this resolution accompanied by the Tompkins County
resolution be sent by the Ulysses Town Clerk to Congressman Tom Reed, Senator Charles
Schumer, Senator Kirsten Gillibrand, Majority and Minority Leaders of the Senate and
House of Representatives, United States Secretary of Health and Human Services, President
Donald Trump, and New York State Governor Andrew Cuomo, Chair of the Tompkins
County Legislature, Mike Lane and to the Tompkins County Council of Governments.
Moved: Ms. Thomas Seconded: Mr. Goldman
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
absent
Mr. Goldman
aye
Vote: 4-0
Date Adopted: 3/22/17
NOTE: See Appendix B for Tompkins County resolution
RECOGNITION OF LEADERSHIP BY LOCAL GOVERNMENTS IN SHARED
SERVICES INITIATIVES AND THE LOSS OF STATE AID OVER THE PAST THREE
DECADES
RESOLUTION 2017-64: RECOGNITION OF LEADERSHIP BY LOCAL
GOVERNMENTS IN SHARED SERVICES INITIATIVES AND THE LOSS OF
STATE AID OVER THE PAST THREE DECADES
WHEREAS, in an effort to reduce property taxes Governor Cuomo has proposed a local
government efficiency program that would require county and local governments to devise
a shared services plan to be placed on the ballot in November, and
WHEREAS State of New York currently maintains a property tax cap as an incentive to
local governments to share services and reduce budgets, and
WHEREAS, unfunded mandates from the State of New York comprise a large component
of local budgets over which local municipalities have no ability to reduce, and
WHEREAS, the New York State legislature since 1989 has annually exempted itself from
providing municipalities with the full amount of state aid as prescribed by law, and
WHEREAS, New York State Comptroller, Tom DiNapoli in his 2016 Report on Local
Governments states that, Sales tax revenue growth outside of New York City has been
slowing for the last few years. In addition, State revenue sharing aid for municipalities has
remained flat and the State's tax cap and tax freeze initiatives have continued to put pressure
on governments to contain growth in property tax levies, and
WHEREAS, the Town of Ulysses, a municipality located in Tompkins County, NY, has
worked cooperatively with other municipalities in cost reduction and shared services
initiatives through programs such as the Greater Tompkins County Municipal Health
Insurance Consortium, the Joint Youth Commission, the Recreation Partnership, and
Tompkins County Animal Control. And
WHEREAS large impediments exist for consolidating services such as police, fire, and
highway departments, and
WHEREAS the Town of Ulysses continues to explore shared services in areas of
administration, courts, human resources and municipal consolidation with neighboring
municipalities;
THEREFORE BE IT
RESOLVED, that the Town of Ulysses condemns Governor Andrew Cuomo's
characterization that high property taxes in the State of New York are indicative of a failure
on the part of local government; AND FURTHER
RESOLVED, that we call on the New York State Legislature to fully restore state aid to
municipalities as required by law and to fully repay unpaid aid for which it has exempted
itself since 1989; and further
RESOLVED, that while the Town of Ulysses affirms the importance of, and will continue
to be a leader in, developing shared services and engaging in cost reduction measures, we
condemn the Governor's proposed initiative as a further infringement on local government
and home rule; and further
RESOLVED, that copies of this resolution shall be sent to Governor Andrew Cuomo;
Senator James Seward; Assemblyperson Barbara Lifton; Tompkins County Administrator
Joe Mareane; Tompkins County Legislature Chair Mike Lane; Legislator Jim Dennis; and
to the Clerk for the Tompkins County Council of Governments to distribute.
Moved: Ms. Thomas
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
absent
Mr. Goldman
aye
Vote: 4-0
Date Adopted: 3/22/17
Seconded: Mr. Goldman
SUPPORT FOR MAINTAINING THE AFFORDABLE CARE ACT
RESOLUTION 2017-65: SUPPORT FOR MAINTAINING THE AFFORDABLE
CARE ACT
WHEREAS, the Town of Ulysses stands firmly committed to affordable and inclusive
access to excellent health care for all of the County's residents, and
WHEREAS, the Affordable Care Act (ACA) has both provided expanded access to and
improved health care for many of Ulysses residents in Tompkins County, and
WHEREAS, Governor Cuomo estimates that repeal of the ACA would put the health
insurance and health care of almost 8,000 of Tompkins County's residents at risk, and
WHEREAS, many features of the ACA -such as prohibiting lifetime benefit caps,
prohibiting gender discrimination, provision of care regardless of pre-existing conditions,
and provision of benefits to children up to age 26 on their parents' policies -benefit all
Americans, including those whose insurance is not purchased on the exchanges, and
WHEREAS, Governor Cuomo estimates that repeal of the ACA would cut Federal
reimbursement for Tompkins County's Medicaid expenditures by over one million dollars,
and
WHEREAS, repeal of the ACA would significantly increase the property tax burdens of
Town of Ulysses and other Tompkins County residents, and
WHEREAS, repeal of the ACA would prevent Medicaid recipients from accessing health
care from Planned Parenthood, leaving thousands of women and men without access to
basic primary care, and
WHEREAS, repeal of the ACA would take away preventive services from Medicare
recipients and reinstate the prescription drug "doughnut hole", therefore costing seniors
thousands more each year, and
WHEREAS, according to the nonpartisan Congressional Budget Office, the ACA has
helped reduce the country's deficit and extended the future solvency of Medicare, and
repeal of the ACA would reverse those positive fiscal trends, now therefore be it
RESOLVED, that the Town of Ulysses stands with Tompkins County to call on its
representatives in Washington, Congressman Tom Reed, Senator Charles Schumer, and
Senator Kirsten Gillibrand, to vote against any repeal of the Affordable Care Act unless and
until it is replaced by another nationwide alternative with protections for the public
commensurate with the goals of the ACA, or a single -payer health insurance program that is
adopted only following an extensive public review and comment period,
RESOLVED, further, That the Ulysses Clerk send copies of this resolution to
Congressman Tom Reed, Senator Charles Schumer, Senator Kirsten Gillibrand, Majority
and Minority Leaders of the Senate and House of Representatives, United States Secretary
of Health and Human Services, President Donald Trump, and New York State Governor
Andrew Cuomo, Chair of the Tompkins County Legislature, Mike Lane.
SEQR ACTION: TYPE II -20
Moved: Ms. Thomas Seconded: Mr. Goldman
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
absent
Mr. Goldman
aye
Vote: 4-0
Date Adopted: 3/22/17
DECLARING APRIL 7, 2017 AS A DAY TO RECOGNIZE THE BICENTENNIAL OF
TOMPKINS COUNTY
RESOLUTION 2017-66: DECLARING APRIL 7, 2017 AS A DAY TO RECOGNIZE
THE BICENTENNIAL OF TOMPKINS COUNTY
BE IT RESOLVED that the Town of Ulysses recognizes the bicentennial of Tompkins
County on April 7, 2017, and declares it as a Toast to Tompkins Day.
RESOLVED that the Town Clerk will notify the Town Historian of this resolution.
Ms. Zahler thanked Mr. Wertis for his work on this.
Moved: Ms. Thomas Seconded: Ms. Zahler
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
absent
Mr. Goldman
aye
Vote: 4-0
Date Adopted: 3/22/17
APPOINTING MEMBER OF THE SUSTAINABILITY AND CONSERVATION
ADVISORY COMMITTEE
RESOLUTION 2017-67: APPOINTING MEMBER OF THE SUSTAINABILITY
AND CONSERVATION ADVISORY COMMITTEE
BE IT RESOLVED that the Town Board of the Town of Ulysses appoints David Diaz to
the Sustainability and Conservation Advisory Committee for an annually renewed term
ending on 12/31/2017, and further
RESOLVED that the Town Clerk will notify the new member and copy both the Chair of
the Sustainability and Conservation Advisory Committee and the Town Supervisor.
Moved: Ms. Thomas Seconded: Mr. Hertzler
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
absent
Mr. Goldman
aye
Vote: 4-0
Date Adopted: 3/22/17
RESOLUTION 2017-68: APPOINTING MEMBER TO COUNTY YOUTH BOARD
WHEREAS, the Tompkins County Youth Services Board needs a representative from the
Town of Ulysses; and
WHEREAS Peter Angie resides in the Town of Ulysses and is eligible, interested, and
qualified to serve on the County Youth Services Board; now therefore be it
RESOLVED that the Town of Ulysses appoint Pete Angie as the Town's representative to
the Tompkins County Youth Services Board for a term ending December 31, 2018,
effective upon receipt on his application and approval by the Tompkins County Legislature;
and further
RESOLVED that the Clerk send a copy of the completed County Application along with a
certified resolution re: appointment to the Director of the Tompkins County Youth Services
Department, 320 W. State St, Ithaca, NY 14850.
Moved: Ms. Zahler Seconded: Mr. Goldman
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
absent
Mr. Goldman
aye
Vote: 4-0
Date Adopted: 3/22/17
MONTHLY BUSINESS
APPROVAL OF MINUTES
RESOLUTION 2017-69: APPROVAL OF MINUTES: 2/28/17
BE IT RESOLVED that the Ulysses Town Board approve the minutes of 2/28.
Moved: Ms. Thomas Seconded: Mr. Goldman
Ms. Thomas
aye
Ms. Zahler
abstain
Mr. Hertzler
aye
Mr. Boggs
absent
Mr. Goldman
aye
Vote: 4-0
Date Adopted: 3/22/17
PRIVILEGE OF THE FLOOR:
Mr. Antweiler suggested that water grants may be cut from President Trump's budget and urged the
board to take this into consideration.
ADJOURN:
Mr. Goldman moved to adjourn the meeting at 6:59pm; seconded by Mr. Boggs and passed
unanimously.
APPENDIX A:
REPORTS FROM REPRESENTATIVES:
Ms. Marino reported on the Conservation and Sustainability Committee (CSAC):
• Their next meeting is scheduled for Thurs. 3/30
• The group is working on comments for the ag zoning draft
• Will soon have 8 members of the maximum 9
• Urban Forestry grant was submitted
• She is on Solar Tompkins board. Heat Smart meetings are currently happening around
county
TOWN REPORTS:
PLANNING BOARD/ZONING OFFICER- submitted by Ms. Kiley
Planning Board
On February 8, the Planning Board continued the review of a 2 MW solar project on Trumansburg
Rd, and on March 7, the PB held a public hearing and approved the project. The PB approved with
conditions a new sign for the Halsey House. The PB discussed the solar regulations on February
21.
Board of Zoning Appeals
The BZA approved area variances for side yard and front yard setbacks in the Lakeshore District,
and began discussion of the draft ag zoning.
Granas
Zoning Updates Grant — The steering committee discussed the zoning around the Krums Corners
area.
Salo Drive Land Acquisition — Michelle and I met with Kathleen McIsaac who is the State Parks
Regional Grant Administrator in order to learn about submitting pre -contract materials through the
Grants Gateway, and most of the materials have been submitted.
Other Meetings/Issues
Agriculture Summit — 3/8: Presenters at the summit shared information on community solar, solar
land leases, sheep control of ground cover for solar, the proposed Cayuga Lake TMDL, and
changes to the CRP program.
Cayuga Lake Watershed Intermunicipal Organization (IO) — 2/22: the IO discussed the main
goals of the draft Restoration and Protection.
Community Choice Aggregation (CCA) — 2/24: The committee heard from representatives of
Joule Assets as a possible administrator for CCA in the county.
Conservation Partners — 3/3: the group heard a presentation from Cornell students working on a
habitat connectivity project.
ITCTC — 2/21: the council heard about MoveTogetherNY, which is a regional initiative to increase
transportation access to major employers and medical facilities; discussed the work plan; and
recommended amendments to transportation project funds.
Planning Advisory Board (PAB) — 2/22: the board heard about the electric vehicle infrastructure
planning and deployment project, heard about the proposal for the West Dryden Road Pipeline
alternatives, and discussed amendments to the guidelines for capital reserve fund for natural,
scenic, and recreational resource protection.
Stormwater Coalition of Tompkins County (SWC) — 2/15: the SWC discussed recent meetings
and a timeline for the upcoming draft TMDL on Cayuga Lake, training needs, and advertising for
the spring.
Sustainability and Conservation Advisory Council (SCAC) — 3/8: the council discussed the draft
zoning.
TCCOG Energy committee — 2/23: the committee discussed options for code enforcement officer
training regarding the energy code, discussed goals for using possible grant funding, and set goals
for benchmarking buildings.
Water Resources Council (WRC) — 2/27: the council heard a presentation on the Cayuga Lake
modeling project, and discussed a monitoring well in Inlet Valley.
Code enforcement/valuation staff meeting — 2/14: Assessment staff shared their 2017 work plan;
code officers shared current projects; Tom Knipe presented on Airbnb which sparked a lively
discussion on short-term rentals; the health department reminded municipalities about septic
system requirements.
ACTING HIGHWAY SUPERINTENDENT- reported by Mr. Reynolds
• 13 minor snow events
• High winds caused some trees to come down
• 2 new driveway pipes installed
• Truck #20 repairs were completed
• MSDS sheets were completed
• Getting quotes for paving
• Continued sorting of old paperwork in office
• Got quote for new lighting in Town Barn/town office
• Purchased a used 3 point hitch mower to replace old ford mower
TOWN CLERK- submitted by Ms. Parlato
LICENSES/PERMITS issued:
#
Sporting licenses
1
Disabled parking permits
5
Dog licenses and renewals
65
Marriage licenses
0
Plumbing permits
0
Address assignments
1
Notarizations
4
FOIL requests
2
FINANCIAL REPORT:
$937.00 TOTAL Collected for fees & licenses
$839.38 stays in the town
$97.62 goes to the state
CLERK's OFFICE TASKS:
• Tax collection
• Routine tasks:
o Notarized documents for citizens
o Ordered supplies
o Retrieved, sorted, vouchered mail
o Answered inquiries on various topics
o Took and wrote up meeting minutes
o Kept website current
o Sent listsery messages to residents (2/month)
o Mailed and posted dog licenses; issued tickets as needed
o Assist other departments when possible
o Respond & fulfill FOIL requests- coordinate with other departments as necessary
WATER DISTRICT TASKS:
• Coordinated meter read with Water District Operator
• Created bills
• Updated water usage reports
• Posted incoming bills
COMMITTEES:
Health Consortium meeting was cancelled in February.
CODE OFFICER- Submitted Mr. Myers:
Building Permits issued
6
Plan Reviews
8
Certificate of Occupancy issued
3
Certificate of Compliance issued
5
Complaints Received
6
Complaints Resolved
5
Inspections (Footers, Foundations, Plumbing, Insulation, roofing, Pools, Etc.)
32
New Site Inspections
6
Building Review Consultations (pre -plan meetings, Future Building/Remodeling)
11
Fire Safety Inspections
4
Code Training Seminars
0
County Assessment Report
1
Open property in violation cases
14
Property violations resolved 1
Value of Permits issued: $87,613
Building Permit fees collected for month: $654.00
In January, there were 5 Building Permits issued. All for small remodeling projects. Total value for
the new Permits is $69,500. Total fees collected were $543.50. 4 Certificates of Occupancy and 2
Certificates of Compliance were issued in January. There are 37 open Building Permits and 2
applications awaiting approval.
Progress continues to be made in bringing targeted properties into Code compliance. Of the 6
properties I have sent certified letters to, 3 have been sold, two have contacted me about correcting
the violations and I have been unable to locate one of the property owners. One of the new owners
has started the demolition process and is almost finished. I have consulted with the new owner of
the other 2 properties about demolition requirements. I expect an application for Demolition
Permits in the near future. I have placarded 5 buildings and sent notices to the property owners. All
the property owners have contacted me, asking what they need to do. 2 of those are planning on
demolishing the structures in the next few months. From complaints I have received and personal
observations, I have added 6 properties to my list.
Steven Cortright and I met with the new owner of Taughannock Farms Inn and the project
architect. They are hoping to renovate the third floor (currently used for only storage) into 2 guest
rooms. There are several Fire Code issues surrounding the use of any level above the second floor
of an assembly occupation. I was very impressed by Steve's breadth of knowledge of the Fire Code
requirements and his demeanor in explaining how it applies to the specific project. I was able to
spend some time with Steve and go over his inspection process. I am quite satisfied with what he is
doing.
I have solicited two bids for the replacement of the Town Hall's 20 year old 30 gallon gas fired
water heater. I specified a high quality, low volume electric unit. Both bids came back virtually the
same at $900+. The low capacity unit should be just fine for the office as not much hot water is
used. The AO Smith (a top brand) unit is 98% efficient. I am thinking about putting it on a timer as
there is virtually no demand between 9 PM and 8 AM.
SUPERVISOR REPORT - submitted by Ms. Thomas
Parks and Recreation
• Trails Grant: Review rack card. Finalize press release. Coordinate April hikes in
coordination with press release and promotion of Black Diamond Trail.
Zoning update
• Answer questions from both Ag Committee and Sustainability Committee.
• Finalize postcard to be sent out to farmers and farm land owners.
Other
• Vacation- took a chunk this month.
• Grant — Submit grant to do tree inventory and management plan.
• Government Efficiency Plan — study governor's plan and work with other local
governments to respond.
• Unionizing of Highway — work to understand requirements with Highway Dept now
unionized.
• Budget — review fund balances and reserves with Bookkeeper. Add January sales tax to
tracking spreadsheet. Discuss AUD.
• Energy — look into replacing existing lights with LED. Concerns over blue light spectrum.
• UNAs — meet with Tompkins County Government Operations Committee about UNA
between Black Diamond Trail and Rt 89.
0 FOIL — work on FOIL request with Clerk's office.
• Highway — topics: Manse Road, unionization, admin assistance in future, budget,
sidewalks, lighting, cooperation with neighboring municipalities.
• Bookkeeper — ready for departure of Bookkeeper and Deputy Supervisor. Prepare job
description, advertise, and answer questions. Review fund balances, reserves. Train in
systems.
Meetings:
o Town Board meetings (2/28)
o Clerk/Supervisor meeting — review all contracts (3/1)
o TC Govt Operations Committee (3/1)
o Meet with developer to discuss possibilities allowed under zoning (3/2)
o Meet with Clean Energy Communities Regional Coordinator (3/2)
o Zoning Committee (3/2)
o Supervisory Training (3/3)
Resident communications
o Complaint about early shooting on weekend at Rod and Gun Club.
o Concern over Jacksonville zoning allowing too much development.
o Request for information on how to have speed limit reduced near Krum's Corners.
Repeating daily/weekly/monthly tasks:
• Work with each department on current topics.
• Respond to constant flow of questions from residents, volunteers and staff.
• Weekly review of topics with attorney for the town.
• Monthly review of county actions.
• Daily check-in with Town Hall staff.
• Periodic discussions with Zoning Officer over a variety of topics.
• Prepare agendas, resolutions, and background documents. Review topics with TB members,
conduct meetings, and review minutes.
• Provide oversight and follow-through on decisions and requests made at Town Board
meetings.
• Review claims and budget, make suggested budget modifications to be approved by TB,
review payroll, sign checks,
• Periodic check in with Town Clerk and Deputy Supervisor re work load and coordination.
• Respond to surveys when requested.
MS. ZAHLER:
Village updates:
• Sidewalk project is happening
• In budget process
• Trying to make decisions re: building changes for EMS/Fire
• Youth Commission will hold Super Summer Camp sign up
Ms. Zahler also noted that she has been working with Exxon Mobil on property negotiations.
MR. GOLDMAN:
0 The Planning Board is discussing the Ag Zoning draft
MR. HERTZLER:
• EMC discussed selling the UNA piece to town.
• Attended municipal energy regulatrion at library. There is no wind regs yet.
APPENDIX B
TOMPKINS COUNTY RESOLUTION NO. 2017-21: RESOLUTION TO MAINTAIN A
SAFE, INCLUSIVE GOVERNMENT AND ENSURE THE PROTECTION, ORDER,
CONDUCT, SAFETY, HEALTH, AND WELL-BEING OF ALL PERSONS IN
TOMPKINS COUNTY (ID #6859)
WHEREAS, Tompkins County commits to maintaining a safe, inclusive, and welcoming
community recognizing the inherent equality and human dignity of ALL people, and
WHEREAS, racism, xenophobia, Islamophobia, anti-Semitism, homophobia, gender identity,
sex, victims of domestic violence, familial status, and religious persecution of any kind threatens
public safety and the peaceful foundations of a civilized society, and
WHEREAS, the establishment of a "registry," or the detention or deportation of millions of
people currently living in this country, for reasons solely related to their citizenship, immigration
status, race, ethnicity, national origin, or religion, runs contrary to core American values, and
WHEREAS, the inhumane application of immigration laws that separate loved ones from each
other and their communities, especially children from parents and caretakers, undermines the
integrity of families and is contrary to the best interest of children, and
WHEREAS, the mere fact of being present in the United States without authorization, by itself,
does not constitute a crime, and
WHEREAS, several groups of immigrants, including permanent residents, visa holders, refugees,
and people who are undocumented, who come to this country with varied skill sets and support
from their home country, are all integral to the current structure and prosperity of our local,
state, and national economy, from the food system to academia and business, and
WHEREAS, immigrants, refugees, and racial, ethnic, and religious minorities make ongoing
contributions to the economic, cultural, and spiritual prosperity of our community at the local,
state, and national level, including those who have sacrificed in defense of the United States
as members of the armed forces, and
WHEREAS, Articles I and II of the U.S. Constitution expressly grant the federal government
exclusive power to establish and enforce immigration laws, and
WHEREAS, the Tenth Amendment to the U.S. Constitution prohibits the federal government
from commandeering state or local officials to enforce immigration law, and likewise prohibits
state or local officials from acting unilaterally on immigration matters where the federal
government has preempted the field, and
WHEREAS, under the Home Rule powers granted by the New York State Constitution, as
implemented by the Municipal Home Rule Law, Tompkins County has authority to adopt
local laws relating to the "government, protection, order, conduct, safety, health, and well-being
of persons" that are not inconsistent with the State Constitution or a general state law, and
WHEREAS, on January 19, 2017, the Civil Rights Bureau of the New York State Attorney
General's office issued a "legal roadmap" outlining the extent to which state and local
jurisdictions are permitted under law to decline to participate in federal immigration investigation
and enforcement, and
WHEREAS, Tompkins County supports existing efforts being made by County Departments,
officers, personnel and agents, including law enforcement officers, to ensure public safety through
relationships built on trust and good -will, especially with individuals who are vulnerable to
exploitation and abuse due to their citizenship, immigration status, race, ethnicity, national origin,
gender identity, sex, victims of domestic violence, familial status, or religion, and
WHEREAS, Tompkins County supports criminal investigations and associated actions that are
authorized by law, and not solely related to an individual's citizenship, immigration status, race,
ethnicity, national origin, gender identity, sex, victims of domestic violence, familial status, or
religion, and
WHEREAS, Tompkins County Departments, officers, personnel, and agents, have a legal,
practical, and moral imperative when carrying out official duties to uphold the U.S. Constitution,
including the principles of federalism and separation of powers, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee, That the
Tompkins County Legislature affirms its support for the current practices of our Sheriff and our
departments, in particular those outlined in this resolution, as they pertain to the County's aim to
maintain a safe, inclusive government and the protection, order, conduct, safety, health, and
well-being of all persons in Tompkins County, and urges continued adherence to constitutional,
federal, and state laws,
RESOLVED, further, That County Departments, officers, personnel, and agents should not
engage in certain activities solely for the purpose of enforcing federal immigration law, including:
A. executing a stop, questioning, interrogating, investigating, or arresting an
individual based solely on any of the following:
a. Actual or suspected immigration or citizenship status; or
b. A "civil immigration warrant," administrative warrant, or an immigration
detainer in the individual's name, including those identified in the National
Crime Information Center (NCIC) database;
B. performing the functions of a federal immigration officer or otherwise engaging
in the enforcement of federal immigration law --whether pursuant to Section
1357(g) of Title 8 of the United States Code or under any other law, regulation, or
policy,
RESOLVED, further, That County officers or agents should honor detainer requests from federal
agents only in the following limited, specified circumstances:
A. when a "civil immigration detainer" from federal agents to detain or transfer an
individual for immigration enforcement or investigation purposes for up to 48
hours is accompanied by a judicial warrant,
a. except that a person may be detained for up to 48 hours on a "civil
immigration detainer," in the absence of a judicial warrant if there is probable
cause to believe that the individual has illegally re-entered the country after a
previous removal or return as defined by 8 U.S.C. § 1326, and
i. the individual has been convicted at any time of (i) a "violent or serious"
crime as defined under section 14-154 (a) (6) of the Administrative
Code of the City of New York or (ii) a federal crime or crime under the
law of another state that would constitute a predicate felony conviction,
as defined under the New York Penal Law, for any of the preceding
felonies; or
ii. there is probable cause to believe that the individual has or is engaged
in an activity of terrorism, which is an activity forbidden by law and
intended to intimidate or coerce a population, influence government
policy, or affect government conduct through violence,
RESOLVED, further, That County Departments, officers, personnel, and agents shall not inquire
about or collect from individuals, including but not limited to a crime victim, a witness, or a
person who calls or approaches the police seeking assistance, information concerning
citizenship or immigration status unless necessary to perform official duties and shall prohibit
the use or disclosure of such information in any manner that violates, local, state, or federal law,
RESOLVED, further, That County Departments, officers, personnel, and agents may respond to
federal requests for information upon presentation of a judicial warrant, but that absent a judicial
warrant, will not disclose certain non-public, sensitive information about an individual, such that:
A. County Departments, officers, personnel, and agents may respond
affirmatively to a request by a federal agent for non-public information about
an individual -including but not limited to non-public information about an
individual's release, home address, or work address - ONLY IF the request is
accompanied by a judicial warrant,
a. EXCEPT THAT nothing in this resolution prohibits any local entity or official
from:
i. sending to or receiving from any local, state, or federal agency - as per 8
U.S.C.
§ 1373- (1) information regarding an individual's country of
citizenship if known or (2) a statement of the individual's immigration
status if known; or
ii. disclosing information about an individual's criminal arrests or
convictions, where disclosure of such information about the individual is
otherwise permitted by state law or required pursuant to subpoena or
court order; or
iii. disclosing information about an individual's juvenile arrests or
delinquency or youthful offender adjudications, where disclosure of such
information about the individual is otherwise permitted by state law or
required pursuant to subpoena or court order,
iv. . disclosing information about an individual when the County Department,
officers, personnel, or agent is acting pursuant to a court ordered
investigation on an individual who has been convicted of a misdemeanor
or felony,
RESOLVED, further, That County Departments, officers, personnel, and agents shall not provide
federal agents with access to an individual in their custody or the use of agency facilities or
resources to question or interview such individual if the federal agent's sole purpose is
enforcement of federal immigration law,
RESOLVED, further, That County Departments, officers, personnel, and agents shall protect the
due process rights of persons about whom federal immigration enforcement requests have been
made, including providing those persons with appropriate notice, and:
A. ensuring that bail and/or release from custody upon posting of bail shall not be
delayed solely because of (1) an individual's citizenship or immigration status,
(2) a civil immigration warrant, or (3) a federal agency request, for the
purposes of immigration enforcement, requests notification about, transfer of,
detention of, or an interview or interrogation of that individual;
B. upon receipt of a federal detainer, transfer, notification, interview, or
interrogation request, providing a copy of that request to the individual named
therein and informing the individual whether the request will be honored before
communicating a response to the requesting agency;
C. subjecting individuals in custody to the same booking, processing, release, and
transfer procedures, policies, and practices, regardless of actual or suspected
citizenship or immigration status,
RESOLVED, further, That it shall continue to be the practice that local agency resources should
not be used to create a federal registry based on citizenship, immigration status, race, ethnicity,
national origin, gender identity, sex, victims of domestic violence, familial status, or religion,
RESOLVED, further, That no County Department, officer, personnel, or agent shall use County
monies, facilities, property, equipment, or personnel to investigate, enforce, or assist in the
investigation or enforcement of any federal program requiring registration of individuals on the
basis of citizenship, immigration status, race, ethnicity, national origin, gender identity, sex,
victims of domestic violence, familial status, or religion,
RESOLVED, further, That County Departments, officers, personnel, and agents shall limit the
collection of immigration -related information and ensure non-discriminatory access to benefits
and services, such that
A. No inquiry or request for proof shall be made regarding an individual's
citizenship or immigration status when services or benefits are provided, except
where the receipt of such services or benefits are contingent upon one's
citizenship or immigration status, or where inquiries are otherwise lawfully
required by federal, state, or local laws; and
B. Tompkins County has established and shall maintain a formal Language
Assistance Policy for individuals with Limited English Proficiency and provide
interpretation or translation services consistent with that policy, consistent with its
obligations under Title VI of the Civil Rights Act of 1964, and Department of
Health and Human Services Regulations,
RESOLVED, further, That regarding their receipt of, and response to, federal requests for the sole
purpose of monitoring compliance with all applicable laws, County Departments, officers,
personnel, and agents should collect and report aggregate data containing no personal identifiers,
RESOLVED, further, That County Departments, officers, personnel, and agents shall record,
solely to create the semi-annual reports described below, the following for each immigration
detainer, notification, transfer, interview, or interrogation request received from federal agents:
A. Date and time that the subject individual was taken into local law enforcement
custody, the location where the individual was held, and the arrest charges;
B. Date and time the request was received;
C. The requesting agency;
D. Immigration or criminal history indicated on the request form, if any;
E. Whether the request was accompanied with any documentation regarding
immigration status or proceedings, e.g., a judicial warrant;
F. Whether a copy of the request was provided to the individual and, if yes, the
date and time of notification;
G. The response to the request, including a decision not to fulfill the request;
H. If applicable, the date and time that federal agents took custody of, or was
otherwise given access to, the individual; and the date and time of the
individual's release from custody;
I. Whether the individual consented to the request;
J. Whether the individual requested to confer with counsel regarding the request,
RESOLVED, further, That County Departments, officers, personnel, and agents shall provide
annual reports to the County Legislature and County Clerk regarding the information collected
according to the previous resolved, in an aggregated form, that is stripped of all personal
identifiers in order that compliance with all applicable law may be monitored,
RESOLVED, further, That all County Departments, officers, personnel, and agents, including but
not limited to law enforcement, education, health and safety departments, and private individuals
delegated authority to carry out County functions, are directed to incorporate policies into their
standard training and operational procedures outlining these protections and directing compliance
with them,
RESOLVED, further, That given that inalienable rights should be universally honored and
preserved and not restricted by geographic boundaries, Tompkins County urges our State
legislature and Governor Andrew Cuomo to enact a measure ensuring the lawful and non-
discriminatory treatment of anyone present in the State of New York, regardless of immigration
status,
RESOLVED, further, That the County intends that the provisions of this Resolution are
severable, and that the invalidity of any part does not affect the validity of any remaining part,
RESOLVED, further, That the Clerk of the Legislature send copies of this resolution to Senators
Charles Schumer and Kirsten Gillibrand; to Congressman Tom Reed; State Senators Tom
O'Mara, James Seward, and Pamela Helming; State Assemblymember Barbara Lifton; and
Governor Andrew Cuomo.
SEQR ACTION: TYPE II -20
Respectfully submitted by Carissa Parlato on 3/24/17.