HomeMy WebLinkAbout2017-09-12-TB-FINAL-minutesTOWN BOARD MEETING
Town of Ulysses
September 12, 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:
TOWN OFFICIALS PRESENT:
Supervisor- Liz Thomas
1St Deputy Supervisor/Board member- Nancy Zahler
Board members- John Hertzler, Michael Boggs
Town Clerk- Carissa Parlato
Attorney for the Town- Mariette Geldenhuys
Planner- Darby Kiley
Bookkeeper- Nina Thompson
ABSENT:
Board member- Rich Goldman
CALL TO ORDER:
Ms. Thomas called the meeting to order at 6 p.m.
Duane Shoen from Insero & Company CPAs presented new requirements from New York State
regarding audits.
He explained that the NYS Comptroller has issued new government accounting standards, which has
affected the audit that Insero performed for the town for the 2016 fiscal year.
He shared some new procedures that the town must follow.
MOVE INTO PUBLIC HEARING ON LOCAL LAW# 1
(See separate minutes)
MOVE INTO PUBLIC HEARING ON LOCAL LAW# 2
(See separate minutes)
APPROVAL OF MEETING AGENDA
RESOLUTION 2017-152: APPROVAL OF MEETING AGENDA
BE IT RESOLVED that the Ulysses Town Board approve the agenda for Sept 12, 2017 with
the additions of trying to find dates for the budget meeting, surplus truck resolution, declaring
the Jacksonville church surplus.
Moved: Ms. Thomas Seconded: Mr. Boggs
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 9/12/17
PRIVILEGE OF THE FLOOR:
Laurie Konwinski from Catholic Charities shared information on the services that they provide and
requested that we share the information with our constituents.
Joel Podkaminer asked who the Town Board favors in the upcoming Republican primary for Town
Highway Superintendent.
Ms. Zahler and Ms. Geldenhuys responded that board members could discuss this as individuals
outside of town business.
Mr. Hannon remarked that there has been debate around town about the trees near the fairground that
will be taken down and congratulated the board on receiving the Climate Smart Community
designation.
REPORTS FROM REPRESENTATIVES:
(none)
TOWN REPORTS:
(See Appendix)
NEW BUSINESS:
RECOGNIZING THE CHAIR OF THE BOARD OF ZONING APPEALS FOR HIS YEARS
OF SERVICE
RESOLUTION 2017-153: RECOGNIZING THE CHAIR OF THE BOARD OF
ZONING APPEALS FOR HIS YEARS OF SERVICE
WHEREAS, George Tselekis served as a member and the Chair of the Town of Ulysses Board
of Zoning Appeals for almost 30 years — from his first appointment in February 1988 until his
resignation in August 2017; and
WHEREAS, George served on a number of valuable zoning amendment committees including
the Lakeshore Committee and the current Zoning Update Steering Committee; and
WHEREAS, George's review and decision making was fair and level-headed, always giving
thoughtful consideration to the matters before the board with a professional approach.
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NOW THEREFFORE BE IT RESOLVED
That the Town Board of the Town of Ulysses extends its heartfelt gratitude and appreciation to
George Tselekis for his many years of service.
Moved: Ms. Thomas
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 9/12/17
Seconded: Mr. Boggs
APPOINTING A BOARD OF ZONING APPEALS MEMBER TO FILL OUT THE
REMAINING TERM ON THE BOARD OF ZONING APPEALS
RESOLUTION 2017-154: APPOINTING A BOARD OF ZONING APPEALS MEMBER
TO FILL OUT THE REMAINING TERM ON THE BOARD OF ZONING APPEALS
WHEREAS, George Tselekis resigned from the Board of Zoning Appeals as of August 30,
2017; and
WHEREAS, Cheryl Thompson has been an alternate on the Board of Zoning Appeals since
December 2014;
NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses
hereby appoints Cheryl Thompson to fill remaining term, vacated by George Tselekis, that
expires on December 31, 2017.
Moved: Ms. Thomas
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 9/12/17
Seconded: Mr. Boggs
OBJECTING TO THE DEC PERMITTING CARGILL MINE EXPANSION WITHOUT
PROPER ENVIRONMENTAL REVIEW
Ms. Thomas introduced Cait Darfler and Dr. McKenzie to present information on Cargill's mine
expansion. They both expressed concern with the project and lack of oversight by the NYS Department
of Environmental Conservation.
3
RESOLUTION 2017-155: OBJECTING TO THE DEC PERMITTING CARGILL MINE
EXPANSION WITHOUT PROPER ENVIRONMENTAL REVIEW
WHEREAS the first Cayuga Salt Mine shaft was drilled in 1915 and Cargill, Inc. ("Cargill")
was permitted mining reserves that extend into the Town of Ulysses; and
WHEREAS, the Town of Ulysses recognizes the economic, social, recreational, and ecological
importance of Cayuga Lake and its watershed to the State and to the local community; and
WHEREAS Ulysses Water Districts 3 and 4 obtain drinking water from Cayuga Lake via the
Southern Cayuga Lake Intermunicipal Water Commission, as do many lake shore residents;
and
WHEREAS New York has established the State Environmental Quality Review (SEQR)
process to systematically consider environmental factors early in the planning stages of actions
and projects that are directly undertaken, funded or approved by local, regional and state
agencies; and
WHEREAS environmental review early in the planning stages allows a project to be vetted,
and modified as needed, to avoid adverse impacts on the environment; and
WHEREAS Cargill's proposed shaft construction, the mining of the one -mile connecting
tunnel, and expanded salt mining have potential adverse impacts that have not been properly
reviewed as a whole and vetted under SEQR in contrast to the Hampton Corners Salt Mine in
Livingston County which is carrying out its second Draft Environmental Impact Statement; and
WHEREAS SEQR discourages the "segmentation" of projects, meaning that the
environmental review of a single action or project should not be divided into various activities
or stages as though they were independent, unrelated activities, resulting in a less complete
environmental review than would be required for the single action or project; and
WHEREAS NYSDEC has nevertheless issued Cargill a permit to construct Shaft #4 which is
proposed to be connected to Cargill's ongoing salt mining operations under Cayuga Lake, with
such permit issuance being based on an improperly "segmented" environmental review which
treats shaft construction and ongoing salt mining as independent, unrelated activities; and
WHEREAS both the shaft construction and the ongoing salt mining have potential adverse
impacts that have not been properly reviewed and vetted under SEQR; and
WHEREAS adverse impacts include impacts on local water resources, including groundwater
and the waters of Cayuga Lake and various ways in which substantial quantities of salt would
be incidentally brought into contact with such local water resources, not only during current
mining operations but also during the post -operational period after the mine is closed and
abandoned; and
Ll
WHEREAS "the abandonment of dry salt mines raises a difficult problem, as post-
abandonment mine flooding is, in most cases, highly probable, with possible severe
consequences at ground level;" and
WHEREAS "the majority of salt mines succumb to collapse and flooding" and "flooding,
whether intentional or inadvertent, is ...'game over' for successful containment or control of
the salinity associated with the brine that will inevitably be squeezed out of the mine;" and
WHEREAS some of the adverse impacts involve gradual sagging or other loss of mechanical
integrity of rock layers above the mine; and
WHEREAS the "carbonate beam supporting the overlying rocks in the area north of the
present mine under the Cayuga Lake has been eroded out or greatly thinned," resulting in "a
geological condition with more risk than the Retsof mine was in, before it collapsed;" and
WHEREAS subsidence is an ongoing process that also tends to open up groundwater flow
pathways in bedrock above a mine; and
WHEREAS the 1994 collapse and flooding of the Retsof salt mine in Livingston County and
subsequent salinization of an adjacent fresh water aquifer provide an example of various
adverse impacts and some of the factors implicated in salt-mine collapse; and
WHEREAS these and other potential adverse impacts on the environment should be subject to
full and proper environmental review under SEQR; and
WHEREAS since 1975, and despite several applications for mine expansion by Cargill, the
NYSDEC has never requested a full environmental impact study of the mining risks; and
WHEREAS the NYSDEC reviewed the Cargill Shaft 4 project and concluded that the action
meets their standards, and on 16 August 2017 issued an applicable permit without full
environmental review of the project in its entirety; now therefore, be it
RESOLVED that the Town of Ulysses joins with other municipalities and Cayuga Lake
stakeholders in a soon-to-be-filed Article 78 proceeding to require environmental review under
SEQR pertaining to all Cargill's proposed projects including Cargill's Shaft 4 project and all
proposed construction and expansion of the Cargill Mine; and be it further
RESOLVED that a copy of this resolution be forwarded by the Town Clerk to Governor
Andrew Cuomo, NYSDEC Commissioner Basil Seggos, State Senators Patricia Helming and
Thomas O'Mara, Senate Leader John Flanagan, Senate Minority Leader Andrea Stewart-
Cousins, Assemblywoman Barbara Lifton, Assembly Speaker Carl Heastie, Assembly Minority
leader Brian Kolb, Chair of the Assembly's Standing Committee on Environmental
Conservation Steve Englebright, Village of Trumansburg Mayor Martin Petrovic, and
Tompkins County Legislature Chair Michael Lane.
Moved: Mr. Hertzler Seconded: Ms. Thomas
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
nay
Mr. Goldman
absent
Vote: 3-1
Date Adopted: 9/12/17
OLD BUSINESS:
ESTABLISHING A CAPITAL IMPROVEMENT RESERVE FUND FOR THE GENERAL
PART -TOWN FUND (B FUND- General Part -Town)
RESOLUTION 2017-156: ESTABLISHING A CAPITAL IMPROVEMENT RESERVE
FUND FOR THE GENERAL PART -TOWN FUND (B FUND- General Part -Town)
WHEREAS the Town Board intends to clarify the establishment of all its reserves according
to NYS General Municipal Law (GML), and
WHEREAS each reserve will be reestablished indicating the kind of reserve according to
GML Article 2 §6-c
NOW, THEREFORE, BE IT
RESOLVED that pursuant to GML Article 2 §6-c, as amended, there is hereby established a
capital improvement reserve fund in the General Part -Town Fund (B Fund) to be known as the
"General Part -Town Capital Improvement Reserve Fund" (hereinafter in this resolution
"Reserve Fund"). The purpose of this Reserve Fund is to accumulate moneys to finance the
cost of capital improvements within the Town but outside the Village and will be classified as
a "capital improvement reserve" fund per Office of the State Comptroller guidelines.
The chief fiscal officer of the Town is hereby directed to deposit and secure the moneys of this
Reserve Fund in the manner provided by §10 of the General Municipal Law. The chief fiscal
officer of the Town may invest the moneys in the Reserve Fund in the manner provided by
Section 11 of the General Municipal Law, and consistent with the investment policy of the
Town. Any interest earned or capital gains realized on the moneys so deposited or invested
shall accrue to and become part of the Reserve Fund. The chief fiscal officer shall account for
the Reserve Fund in a manner which maintains the separate identity of the Reserve Fund and
shows the date and amount of each sum paid into the fund, interest earned by the fund, capital
gains or losses resulting from the sale of investments of the fund, the amount and date of each
withdrawal from the fund and the total assets of the fund, showing cash balance and a
schedule of investments, and shall, at the end of each fiscal year, render to the Town Board a
detailed report of the operation and condition of the Reserve Fund.
Except as otherwise provided by law, expenditures from this Reserve Fund shall be made only
for the capital improvements outside the village of Trumansburg. No expenditure shall be
made from this Reserve Fund without the approval of this governing board and such
additional actions or proceedings as may be required by §6-c of the GML and any other law.
Cel
Expenditures from this Reserve Fund shall be subject to permissive referendum pursuant to
§6-c of the GML.
Moved: Ms. Thomas Seconded: Mr. Boggs
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
abstain
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 3-0
Date Adopted: 9/12/17
AUTHORIZING TRANSFER OF UNEXPENDED BALANCE FROM ONE CAPITAL
IMPROVEMENT RESERVE TO ANOTHER IN THE B FUND (General Part -Town).
RESOLUTION 2017-157: AUTHORIZING TRANSFER OF UNEXPENDED BALANCE
FROM ONE CAPITAL IMPROVEMENT RESERVE TO ANOTHER IN THE B FUND
(General Part -Town).
WHEREAS the Town Board intends to clarify the establishment of all its reserves according
to NYS General Municipal Law (GML), and
WHEREAS each reserve will be reestablished indicating the kind of reserve according to
GML Article 2 §6-c, and
WHEREAS, the Town Board established a capital reserve fund by resolution adopted on
February 11, 2003 for capital projects; and
WHEREAS, this capital reserve fund has been known by fund balance account code of B878
and asset account code B232; and
WHEREAS, the balance in Capital Reserve Fund B878 ("Fund B878") as of September 6,
2017 was $70,680.52; and
WHEREAS, the Town Board wishes to transfer the funds from Fund B878 to a newly created
capital improvement reserve fund (a "type" fund) for the purpose of capital improvements
outside the Village of Trumansburg; and
WHEREAS transfers of funds from Fund B878 are subject to permissive referendum
pursuant to GML §6-c(9)(b),
NOW, THEREFORE, BE IT
RESOLVED that the full balance in the amount of $70,680.52 be transferred from Fund B878
to the newly created General Part -Town Fund Capital Improvement Reserve Fund; and further
7
RESOLVED that this resolution is subject to permissive referendum pursuant to GML §6-
c(9)(b); and be it further
RESOLVED that the Town Clerk will post and publish notice of the permissive referendum
in accordance to law and provide a copy of such notice to the Town Supervisor.
Moved: Ms. Thomas
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
abstain
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 3-0
Date Adopted: 9/12/17
Seconded: Mr. Boggs
ESTABLISHING A CAPITAL IMPROVEMENT RESERVE FUND FOR THE GENERAL
PART -TOWN FUND (A FUND- General Town -wide)
RESOLUTION 2017-158: ESTABLISHING A CAPITAL IMPROVEMENT RESERVE
FUND FOR THE GENERAL PART -TOWN FUND (A FUND- General Town -wide)
WHEREAS the Town Board intends to clarify the establishment of all its reserves according
to NYS General Municipal Law (GML), and
WHEREAS each reserve will be reestablished indicating the kind of reserve according to
GML Article 2 §6-c,
NOW, THEREFORE, BE IT
RESOLVED that pursuant to GML Article 2 §6-c, as amended, there is hereby established a
capital improvement reserve fund in the General Fund (A Fund) to be known as the "General
Fund Capital Improvement Reserve Fund" (hereinafter "Reserve Fund"). The purpose of this
Reserve Fund is to accumulate moneys to finance the cost of capital improvements within the
Town General Fund (A Fund) and will be classified as a "capital improvement reserve" fund
per Office of the State Comptroller guidelines.
The chief fiscal officer of the Town is hereby directed to deposit and secure the moneys of this
Reserve Fund in the manner provided by §10 of the General Municipal Law. The chief fiscal
officer of the Town may invest the moneys in the Reserve Fund in the manner provided by
Section 11 of the General Municipal Law, and consistent with the investment policy of the
Town. Any interest earned or capital gains realized on the moneys so deposited or invested
shall accrue to and become part of the Reserve Fund. The chief fiscal officer shall account for
the Reserve Fund in a manner which maintains the separate identity of the Reserve Fund and
shows the date and amount of each sum paid into the fund, interest earned by the fund, capital
gains or losses resulting from the sale of investments of the fund, the amount and date of each
withdrawal from the fund and the total assets of the fund, showing cash balance and a
schedule of investments, and shall, at the end of each fiscal year, render to the Town Board a
detailed report of the operation and condition of the Reserve Fund.
Except as otherwise provided by law, expenditures from this Reserve Fund shall be made only
for the capital improvements. No expenditure shall be made from this Reserve Fund without
the approval of this governing board and such additional actions or proceedings as may be
required by §6-c of the GML and any other law.
Expenditures from this Capital Improvement Reserve Fund shall be subject to permissive
referendum pursuant to §6-c of the GML.
Moved: Ms. Thomas Seconded: Mr. Boggs
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
abstain
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 3-0
Date Adopted: 9/12/17
AUTHORIZING TRANSFER OF UNEXPENDED BALANCE FROM ONE CAPITAL
IMPROVEMENT RESERVE TO ANOTHER IN THE A FUND (General Fund Town -wide)
RESOLUTION 2017-159: AUTHORIZING TRANSFER OF UNEXPENDED BALANCE
FROM ONE CAPITAL IMPROVEMENT RESERVE TO ANOTHER IN THE A FUND
(General Fund Town -wide)
WHEREAS the Town Board intends to clarify the establishment of all its reserves according
to NYS General Municipal Law (GML), and
WHEREAS each reserve will be reestablished indicating the kind of reserve according to
GML Article 2 §6-c, and
WHEREAS, the Town Board established a capital reserve fund by resolution adopted on
December 11, 1984 for capital projects; and
WHEREAS, this capital reserve fund has been known by fund balance account code A878
and asset account code A234; and
WHEREAS, the balance in Capital Reserve Fund A878 ("Fund A878") as of September 6,
2017 was $60,749.72; and
WHEREAS, the Town Board wishes to transfer the funds from Fund A878 to a newly created
capital improvement reserve fund (A "type" fund) for the purpose of capital improvements;
and
W
WHEREAS transfers of funds from Fund B878 are subject to permissive referendum
pursuant to GML §6-c(9)(b).
NOW, THEREFORE, BE IT
RESOLVED that the full balance in the amount of $60,749.72 be transferred from Fund
A878 to the newly created General Fund Capital Improvement Reserve Fund; and be it further
RESOLVED that this resolution is subject to permissive referendum pursuant to GML §6-c
(9)(b); and be it further
RESOLVED that the Town Clerk will post and publish notice of the permissive referendum
in accordance to law and provide a copy of such notice to the Town Supervisor.
Moved: Ms. Thomas Seconded: Mr. Boggs
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
abstain
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 3-0
Date Adopted: 9/12/17
ADOPTING LOCAL LAW 1 OF 2017- A LOCAL LAW TO AMEND CHAPTER 80 OF THE
CODE OF THE TOWN OF ULYSSES
RESOLUTION 2017-160: ADOPTING LOCAL LAW 1 OF 2017- A LOCAL LAW TO
AMEND CHAPTER 80 OF THE CODE OF THE TOWN OF ULYSSES ("THE
CODE"), WHICH PROVIDES FOR THE ADMINISTRATION AND ENFORCEMENT
OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING
CODE, THE NEW YORK STATE ENERGY CONSERVATION CONSTRUCTION
CODE AND THE PROPERTY MAINTENANCE CODE OF NEW YORK.
WHEREAS the Town of Ulysses previously adopted Local Law #1 of 2007 and Local Law # 5
of 2014 and Local Law # 1 of 2016 to enforce provisions of the New York State Uniform Fire
Prevention and Building Code; and
WHEREAS, the Town Board seeks to clarify all the codes that are subject to enforcement by
the Town, and to modify the penalties for failure to comply; and
WHEREAS the final version of this law was presented to the Ulysses Town Board on
Tuesday, August 8, 2017 and introduced at a Town Board meeting on Tuesday, August 8,
2017 and
WHEREAS the public hearing date was set by resolution of the Town Board on Tuesday,
August 8, 2017 to be held on Tuesday, September 12, 2017 and
10
WHEREAS notice of the public hearing was published in the Ithaca Journal on August 19,
2017 and posted as required by law; and
WHEREAS a public hearing was held on September 12, 2017,
NOW, THEREFORE, BE IT
RESOLVED that the Ulysses Town Board hereby adopts Local Law #1 of 2017: A Local Law
to Amend Chapter 80 of the Code of the Town of Ulysses ("the Code"), which provides for the
Administration and Enforcement of the New York State Uniform Fire Prevention and Building
Code, The New York State Energy Conservation Construction Code And The Property
Maintenance Code Of New York.
Moved: Ms. Zahler Seconded: Mr. Hertzler
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 9/12/17
RESOLUTION 2017-161: TO ADOPT LOCAL LAW 2 OF 2017 -OVERRIDE OF THE
TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW &3- C
WHEREAS, municipalities of the State of New York are limited in the amount of real property
taxes that may be levied each year under the tax levy limit established in General Municipal
Law §3-c, and
WHEREAS, subdivision 5 of General Municipal Law §3-c expressly authorizes a municipality
to override the tax levy limit if the town government decides to adopt a budget with a property
tax levy that exceeds the level set by the State, by the adoption of a local law approved by vote
of at least sixty percent (60%) of the governing body, and
WHEREAS the final version of Local Law No. 2 of 2017 was presented to the Ulysses Town
Board at a Town Board meeting on Tuesday, August 8, 2017; and
WHEREAS the Public Hearing date was set by resolution of the Ulysses Town Board on
Tuesday, August 8 2017, for the Public Hearing to be on September 12, 2017 at 6:45 p.m. at
the Ulysses Town Hall; and
WHEREAS, notice of a public hearing on Local Law No. 2 of 2017 was advertised as required
by law in the Ithaca Journal on Saturday, August 19, 2017, and
WHEREAS, said public hearing was duly held on September 12, 2017 and all parties in
attendance were permitted an opportunity to speak in favor of or in opposition to the Local Law
11
entitled "A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN
GENERAL MUNICIPAL LAW §3- C", or any part thereof, and
WHEREAS, the Town Board of the Town of Ulysses reviewed and discussed a proposed local
law to override the tax levy limit, and
WHEREAS until the tentative budget is ready at the end of September, it is impossible to
know whether the Town will be able to stay under this potential limit; and
WHEREAS by the time the town knows if it can stay within the tax levy limit, it is too late to
file a local law to override the tax levy limit.
WHEREAS, in the event the Town of Ulysses annual tax levy exceeds the allowable tax levy
limit due to their own decisions or cost increases outside their control, New York State has the
authority to penalize the Town unless the Town has formally given itself permission to exceed
the tax cap, and
WHEREAS, adopting this local law is not predictive of the final tax levy but will provide the
Town of Ulysses Town Board the flexibility to exceed the Property Tax Cap if it is deemed
necessary, and
THEREFORE BE IT RESOLVED that the Town of Ulysses Town Board enacts a local law
to override the tax levy limit for the fiscal year 2018, as follows:
LOCAL LAW NUMBER 2 of 2017, TO OVERRIDE THE TAX LEVY LIMIT
ESTABLISHED IN GENERAL MUNICIPAL LAW §3- C
Be it enacted by the Town Board of the Town of Ulysses as follows:
Section 1. Legislative Intent: It is the intent of this local law to override the limit on the
amount of real property taxes that may be levied by the Town of Ulysses, County of
Tompkins pursuant to General Municipal Law §3-c, and to allow the Town of Ulysses,
County of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection
districts, and (c) any other special or improvement district, and Town improvements
provided pursuant to Town Law Article 12-C, governed by the Town Board for the
fiscal year beginning January 1, 2018 and ending December 31, 2018 that requires a
real property tax levy in excess of the "tax levy limit" as defined by General Municipal
Law §3-c.
Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General
Municipal Law §3-c, which expressly authorizes the Town Board to override the tax
levy limit by the adoption of a local law approved by vote of at least sixty percent
(60%) of the Town Board.
Section 3. Tax Levy Limit Override: The Town Board of the Town of Ulysses, County
of Tompkins is hereby authorized to adopt a budget for the fiscal year 2018 that
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requires a real property tax levy in excess of the limit specified in General Municipal
Law §3-c.
Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of this
Local Law or the application thereof to any person, firm or corporation, or
circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or
unconstitutional, such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, or part of this Local Law or in its application to the person,
individual, firm or corporation or circumstance, directly involved in the controversy in
which such judgment or order shall be rendered.
Section 5. Effective date: This local law shall take effect immediately upon filing with
the Secretary of State.
AND FURTHER RESOLVED, that the Town Clerk file this local law with the Secretary of
State as required by law and notify the Town Supervisor when the local law is in effect.
Moved: Ms. Thomas Seconded: Mr. Boggs
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 9/12/17
AUTHORIZING THE TOWN SUPERVISOR TO CONTRACT WITH NELSON STREETER
CONSTRUCTION CO. FOR THE IMPROVEMENT OF THE PEDESTRIAN ACCESS IN
AND AROUND TOWN HALL
RESOLUTION 2017-162: AUTHORIZING THE TOWN SUPERVISOR TO
CONTRACT WITH NELSON STREETER CONSTRUCTION CO. FOR THE
IMPROVEMENT OF THE PEDESTRIAN ACCESS IN AND AROUND TOWN HALL
WHEREAS working through Fisher Associates, the Town of Ulysses, in conjunction with the
Village of Trumansburg, properly selected Nelson & Streeter Construction Company Inc.
(hereafter Nelson & Streeter) through the bid process to install sidewalks with funding from the
Safe Routes to School program, and
WHEREAS the sidewalk in front of Town Hall is indistinguishable from the road pavement
making the pedestrian path unclear, and
WHEREAS due to the prevalence of paving in the area, there is no place for stormwater to
penetrate into the soil—a preferable stormwater management technique, and
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WHEREAS beautification of Elm Street is in accordance with the Village sidewalk plan and
the County Beautification plan, therefore, be it
RESOLVED that the Town Board of the Town of Ulysses authorizes the Town Supervisor to
sign paperwork to contract with Nelson & Streeter Construction Company Inc. to replace the
Town Hall sidewalk in accordance to the design presented to the town board at the bid price
quoted by Nelson & Streeter dated 8/29/2017 for the base bid and alternate 2, at a cost not to
exceed $41,170 if the Village of Trumansburg decides not to install sidewalks from the Town
Hall to Route 96 (alternate 1).
Moved: Ms. Thomas
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
nay
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 3-1
Date Adopted: 9/12/17
Seconded: Mr. Boggs
COMMENCEMENT OF AN ACTION PURSUANT TO ARTICLE 15 OF THE REAL
PROPERTY ACTIONS AND PROCEEDINGS LAW TO CLEAR TITLE TO THE REAL
PROPERTY LOCATED AT 1284 TAUGHANNOCK BOULEVARD IN THE TOWN OF
ULYSSES, TAX PARCEL NUMBER 27.4-6
RESOLUTION 2017-163: COMMENCEMENT OF AN ACTION PURSUANT TO
ARTICLE 15 OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW TO
CLEAR TITLE TO THE REAL PROPERTY LOCATED AT 1284 TAUGHANNOCK
BOULEVARD IN THE TOWN OF ULYSSES. TAX PARCEL NUMBER 27.4-6
WHEREAS, the Town Board by resolution adopted on August 8, 2017 approved the purchase
of an approximately 4.2 acre vacant parcel of land located to the west of Taughannock
Boulevard which borders a section of the Black Diamond Trail, known as Town of Ulysses tax
parcel number 27.4-6 ("the Property") from the County of Tompkins ("the County"); and
WHEREAS, the Property was conveyed to the Town by Quitclaim Deed dated August 23,
2017 and recorded in the Tompkins County Clerk's Office on September 8, 2017 as Instrument
Number 2017-10370; and
WHEREAS, the Property is located within the lakeshore Natural Features Focus Area and in
the Maplewood Glen and Lake Slopes Unique Natural Areas ("UNA's"), and preservation of
UNA's is in accordance with the Town's Comprehensive Plan and the County's purpose of
designating UNA's; and
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WHEREAS, the Town's proposed use of the Property is to preserve it as open space and
provide an outdoor recreation area for members of the public, and possibly convey it to the
State of New York in the future, in which case clear title to the Property will be required; and
WHEREAS, title to the Property is not clear; and
WHEREAS, Article 15 of the Real Property Actions and Proceedings Law ("RPAPL") entitled
"Action to Compel the Determination of a Claim to Real Property" provides for a court action
to obtain clear title, also known as a "Quiet Title Action"; and
NOW, THEREFORE, BE IT
RESOLVED that the Town Board hereby authorizes the commencement of a Quiet Title
Action pursuant to RPAPL Article 15 with regard to the Property; and be it further
RESOLVED that the Town Supervisor is hereby authorized to sign all pleadings and other
necessary documents in connection with such action on behalf of the Town.
Moved: Mr. Hertzler
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 9/12/17
Seconded: Mr. Boggs
APPROVING COMMENCEMENT OF ACTION PURSUANT TO ARTICLE 15 OF THE
REAL PROPERTY ACTIONS AND PROCEEDINGS LAW TO CLEAR TITLE TO THE
REAL PROPERTY LOCATED AT 5020 JACKSONVILLE ROAD IN THE TOWN OF
ULYSSES, TAX PARCEL NUMBER 25.4-26
RESOLUTION 2017-164: APPROVING COMMENCEMENT OF ACTION PURSUANT
TO ARTICLE 15 OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW
TO CLEAR TITLE TO THE REAL PROPERTY LOCATED AT 5020
JACKSONVILLE ROAD IN THE TOWN OF ULYSSES. TAX PARCEL NUMBER 25.-
4-26
5:
4-26
WHEREAS, the real property located at 5020 Jacksonville Road in the Town of Ulysses, tax
parcel number 25.4-26 (hereafter "the Property") was conveyed to the Town by Bargain and
Sale Deed with Limited Covenants for Grantor's Acts dated July 13, 2017 and recorded in the
Tompkins County Clerk's Office on July 20, 2017 as Instrument Number 2017-08149; and
WHEREAS, title to the Property is not clear; and
15
WHEREAS, Article 15 of the Real Property Actions and Proceedings Law ("RPAPL") entitled
"Action to Compel the Determination of a Claim to Real Property" provides for a court action
to obtain clear title, also known as a "Quiet Title Action"; and
WHEREAS, the Town wishes to sell the property to a purchaser subject to restrictive
covenants that require preservation of the historic exterior of the Property;
NOW, THEREFORE, BE IT
RESOLVED that the Town Board hereby authorizes the commencement of a Quiet Title
Action pursuant to RPAPL Article 15 with regard to the Property; and be it further
RESOLVED that the Town Supervisor is hereby authorized to sign all pleadings and other
necessary documents in connection with such action on behalf of the Town.
Moved: Ms. Zahler
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 9/12/17
NEW BUSINESS:
Seconded: Mr. Boggs
MEMORANDUM OF UNDERSTANDING WITH THE JACKSONVILLE COMMUNITY
ASSOCIATION (JCA) ABOUT THE JACKSONVILLE PARK
Ms. Zahler discussed the draft memorandum of understanding between the town and JCA. After
receiving comments on the draft from Ms. Geldenhuys, she will share it with JCA and bring an
updated copy to next board meeting.
APPROVING LEASE OF OFFICE SPACE IN TOWN HALL
RESOLUTION 2017-165: APPROVING LEASE OF OFFICE SPACE IN TOWN HALL
WHEREAS, the Town Board has the power to lease Town property, pursuant to Town Law
§64(2), subject to a permissive referendum; and
WHEREAS Nelson & Streeter Construction Company Inc. is in need of a temporary office
during construction of sidewalks in the Town of Ulysses and Village of Trumansburg; and
WHEREAS, there is space available for rent in the Town Hall of the Town of Ulysses;
NOW, THEREFORE, BE IT
RESOLVED that the Town Board approves the lease of office space in town hall to Nelson &
Streeter Construction Company Inc. on a month-to-month basis, and be it further
16
RESOLVED that the Town Supervisor is authorized to enter into a lease agreement containing
the terms set forth in this resolution, after review by the Attorney for the Town, and, be it
further
RESOLVED, that this resolution is subject to a permissive referendum.
Moved: Ms. Thomas
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 9/12/17
Seconded: Ms. Zahler
DECLARING THE REAL PROPERTY LOCATED AT 5020 JACKSONVILLE ROAD IN THE
TOWN OF ULYSSES AND TAX PARCEL NUMBER 25.4-26 AND PROPERTY LOCATED
AT 5036 JACKSONVILLE RD 25.4-27 AS SURPLUS PROPERTY
RESOLUTION2017-166: DECLARING THE REAL PROPERTY LOCATED AT 5020
JACKSONVILLE ROAD IN THE TOWN OF ULYSSES. TAX PARCEL NUMBER 25.-
4-26
5:
4-26 AS SURPLUS PROPERTY
WHEREAS, the real properties located at 5020 Jacksonville Road in the Town of Ulysses, tax
parcel number 25.4-26, and 5036 Jacksonville Road 25.4-27 (hereafter "the Property") were
conveyed to the Town by Bargain and Sale Deed with Limited Covenants for Grantor's Acts
dated July 13, 2017 and recorded in the Tompkins County Clerk's Office on July 20, 2017 as
Instrument Number 2017-08149; and
WHEREAS, the Town has the power pursuant to Town Law §64(2) to convey real property,
provided that such property is not required for the Town's own use and is not held for public
use, and is therefore surplus property; and
WHEREAS, the Property is not required for the Town's own use and is not held for public
use;
NOW, THEREFORE, BE IT
RESOLVED that the Town Board hereby declares that the Property is surplus property; and be
it further
RESOLVED that any disposition of the Property shall be authorized by further resolution of
the Town Board, subject to a permissive referendum as required by Town Law §64(2) and
other applicable provisions of law.
17
Moved: Ms. Zahler
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 9/12/17
VOLVO SURPLUS
Seconded: Mr. Boggs
RESOLUTION2017-167: DECLARING THE VOLVO DUMP TRUCK SURPLUS
BE IT RESOLVED that the Ulysses Town Board declares the following equipment belonging
to the town is surplus and can be sent to auction, sold or disposed of by the Highway
Superintendent:
2001 Volvo Dump Truck with Single Rear Axle, VIN #4V5J38UFX1N871579.
Moved: Ms. Thomas
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 9/12/17
Seconded: Ms. Zahler
SETTING BUDGET MEETING DATES
The Town Board agreed to meet on the following dates to create the preliminary budget:
9/28 at Sam
10/5 at Sam
10/11 at 3pm
10/12 at 3pm
PRIVILEGE OF THE FLOOR:
(none)
MONTHLY BUSINESS
APPROVAL OF MINUTES
RESOLUTION 2017-168: APPROVAL OF MINUTES: 8/8/17 and 8/22/17
BE IT RESOLVED that the Ulysses Town Board approve the minutes of 8/8/17 and 8/22/17 as
edited by Ms. Zahler.
Moved: Ms. Zahler
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 9/12/17
Seconded: Ms. Thomas
BUDGET MODIFICATIONS
RESOLUTION 2017-169: BUDGET MODIFICATIONS
BE IT RESOLVED that the Ulysses Town Board approve the following budget modifications.
A FUND BUDGET MODIFICATIONS
A7520.4
Historical Property CE
INCREASE
$15,000.00
To cover expenses related to the Jacksonville properties
aye
A1940.4
I Purchase of Land/ROW
I DECREASE
$15,000.00
Excess budget available due to restriction requiring land purchase to come from unassigned fund balance
aye
A1620.2
I Town Hall
I INCREASEI
$2,500.00
To cover a portion of the cost of the EV charging station
aye
A236
Assigned Funds Energy
DECREASE
$2,500.00
A236 total balance will be reduced to $36,098.61 (Energy portion to $0.00)
aye
Moved: Ms. Thomas
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 9/12/17
Seconded: Ms. Zahler
APPROVAL OF CLAIMS
RESOLUTION 2017-170: APPROVAL OF CLAIMS
BE IT RESOLVED that the Ulysses Town Board approve payment of claims # 404-458 in the
amount of $127,318.92.
Moved: Ms. Thomas Seconded: Mr. Boggs
19
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
absent
Vote: 4-0
Date Adopted: 9/12/17
ADJOURN:
Mr. Boggs moved to adjourn the meeting at 10: 1Opm; seconded by Mr. Hertzler and passed
unanimously.
APPENDIX:
TOWN REPORTS:
PLANNING/ZONING- Submitted by Ms. Kiley
Planning Board
On August 15, the Planning Board discussed the solar regulation revisions, addressing comments from
the Ag Committee. On September 5, the PB reviewed sketch plan materials for a grading, retaining
wall project at the Inn at Taughannock.
Board of Zoning Appeals
The BZA met on August 16 and August 22 to address the Inn at Taughannock variances. The BZA
denied the proposed building setback and height, approved the cupola height, approved two of three
business directional signs, denied the sign on a retaining wall, approved two other signs that did not
meet the dimensional requirements of the zoning law.
Grants
Zoning Updates Grant — The steering committee met on August 21, continued to discuss the draft
ag/rural zoning and agree to schedule a meeting with the various boards/committees on September 21.
Clean Energy Communities — Working through the requirements for the grant application.
Other Meetin2s/Issues
Cayuga Lake Watershed Intermunicipal Organization (IO) — 8/23: the f0 a number of water
quality issues — both local and global.
Stormwater Coalition of Tompkins County (SWC) — 8/16: the SWC discussed upcoming ditch
maintenance training, looked at an online stormwater mapping tool, and discussed
advertising/education.
HIGHWAY: Submitted by Mr. Reynolds
20
Highway Report 8/9 to 9/12/17
• Surplus Truck #7 ( Volvo 6 -Wheeler Dump Truck) Auctioned off (received $4100)
• Seal Coated ( Oil and Stoned) Cayuga View Rd, Rice Rd, Mayo Rd, Buck Hill Rd, Iradell Rd.
Total Road coverage 3.68 miles
• Working on Budget for 2018
• Working on Equipment Plan / Got application for Federal Surplus Property (Trucks Etc.)
Which will allow us to buy equipment at a surplus rate.
• Mowing brush back with county machine Mowing road sides
• Still working on info. For FEMA on winter storm Stella.
• Met with Jeff Smith regarding the billing for any road side mowing done on county roads They
have agreed to pay us for this service
TOWN CLERK- submitted by Ms. Parlato
LICENSES/PERMITS issued:
#
Sporting licenses
89
Disabled parking permits
10
Dog licenses and renewals
45
Marriage licenses
5
Plumbing permits
0
Address assignments
2
Notarizations
3
FOIL requests -completed
0
FINANCIAL REPORT:
$4379.50 TOTAL Collected for fees & licenses
$973.11 stays in the town
$3406.39 goes to the state
CLERK's OFFICE TASKS:
• Issued many sporting licenses!
• Prepared 2018 water district and clerk budgets
• Attended meeting with TC Assessment regarding 2018 taxes with other clerks
• Routine tasks:
o Notarizations
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:
• Worked with Water District Operator to complete billing from Aug. 15 meter reads
21
• Posted incoming bills
• Updated testing spreadsheets
COMMITTEES/ASSOCIATIONS:
Bicentennial Committee
• Met 2x to finalize plans for Sept. 23 event
Health Consortium:
• Was on vacation during August meeting
SUPERVISOR REPORT — Reported by Ms. Thomas
Budget
• Collect materials necessary for budget development:
o Budget requests from departments and contractors
o Taxable Assessed Values from TC Assessment
o Review July closing to assess if budget lines are on target.
o Sales tax numbers
o Reserves — clarifying each reserve, ensuring established correctly.
o Review contracts and coordinate updating of contracts.
Energy
• TCCOG Energy Task Force — Prepare agenda, take minutes, and chair meeting.
• LED streetlight replacements — assist with organization of county -wide shared service.
• EV Charging Station — assist Darby in moving installation forward.
• CEC — assist Darby with Press Release.
• Solar PILOT — review info for public hearing.
Town Property
• 1284 Taughannock Blvd — Sign final documents to take ownership of land.
Water Quality
• Attend HAB conference in Geneva
• Follow up on questions from residents and info from experts on future actions.
Water Districts
• WD 1 — arrange meeting with Village and MRB to discuss pipe to WD 1
• WD5 (Falls Road) — review MPR with MRB
• WD3 — quarterly letter to consumers in WD3. Assess TTHM results. Discuss future actions with
MRB. Begin to arrange meeting with TTHM Working Group
Zoning update
• Chair Zoning Update Steering Committee.
Other
• Chamber of Commerce Tour of Trumansburg — assist with organization
• Sidewalks — coordinate actions on TAP and Town Hall sidewalks.
22
• Shared Services — review County Administrator plan, attend meetings, give input.
• Salt mine — work with other stakeholders with concerns over salt mine expansion.
• Fire and EMS budget meeting preparation
• Coordinate replacement of BZA member and Chair.
Meetings
8/9 — HAB conference in Geneva
8/10 — meet with landscape architect about town hall sidewalk
8/14 — Attend Village meeting.
8/16 — speak at Chamber of Commerce meeting in Trumansburg
8/18 — meet with Auditor over review of books.
8/20 — West Shore Homeowners Association
8/21 — Zoning update meeting
8/24 — TCCOG
9/6 — Shared Services panel
9/7 — Fire/EMS meeting with Village and other Towns.
9/8 — Sidewalk meetings
9/8 — Bioblitz at Cayuga Nature Center — speak
9/11 — meet with village over WD issues.
9/11 — IDA solar PILOT
Questions from Residents
• Harmful Algal Bloom (many!)
• Water district request along 89
• Tree down in road
• Concern over Village water treatment plant.
• Yard waste and brush disposal question
• Drainage issue.
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.
• Communications — assist with listsery news
• 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,
• Review financial reports.
• Periodic check in with Town Clerk and Deputy Supervisor re work load and coordination.
• Respond to surveys when requested.
23
BOOKKEEPER- Submitted by Ms. Thompson
Regular Duties:
Payroll
• Processed & reconciled payrolls 16, 17 & 18
• Updated employee changes and made corrections as needed
Banking
• Completed regular bank deposits — in person for cash with remote deposit system for
checks
• Completed regular bank account transfers to cover payments
NYSLRS
• Monthly Reporting
Payments
• Produced vouchers for monthly pre -pays, insurance invoices and other miscellaneous
payments.
• Reviewed monthly vouchers & abstract
• Printed checks for pre -pays and scheduled voucher payments
Month End Close Out — July
• Entered all cash receipts (general receipts, WD accounting, etc.)
• Entered all Payroll entries (cash receipts, cash disbursements & general journal entries)
• Entered all cash disbursements
• Entered all general journal entries (bank transfers, interest, WD3 billings & other general
journal entries)
• Close out steps (Load abstracts, close CR & CD journals & print reports)
• Reviewed month end financial reports and distributed them to Town Board and department
heads
2018 Budget — most of my time was spent here this month
• Started to prepare for 2018 budget season
• Created and updated new workbook for 2018 budget
• Updated historical revenue and expenditure summary workbook
• Updated and distributed individual Department Budget Worksheets and financial reports
Trainings
• NYS Government Finance Officers' Association Summer Seminar — Aug 4
• NYS OSC Webinar — Agency Funds — Aug 30
Meetings:
• 08/03/2017 — Sidewalk Project Meeting with Fisher
• 08/08 /2017 — Town Board Meeting
• 08/14/2017 — Village of Trumansburg Board Meeting
MS. ZAHLER-
• The old church has been cleaned out and a banner out front describes the project. She has
received bids for contracting projects to prepare the building for winter.
• The Youth Commission has submitted their budget.
24
• She held a meeting with stakeholders for the sidewalk project.
MR. BOGGS:
• The intermunicipal water organization (IO) meeting focused on algal blooms & ditching
• The JCA clean up day was last weekend.
• EMS has seen decrease in CARS calls
• Talked to comptroller re: Fire/EMS mtg. reserves. They recommend having our counsel call the
village counsel regarding surplus funds.
Respectfully submitted by Carissa Parlato on 9/20/17.
25