HomeMy WebLinkAbout2013-11-25-STBSPECIAL TOWN BOARD MEETING
NOVEMBER 25, 2013
Present: Supervisor Elizabeth Thomas; Councilpersons Lucia Tyler, Nancy Zahler, David
Kerness, and Kevin Romer; Town Clerk; Marsha Georgia
Others Present: Attorney Meira N. Hertzberg, Susan N. Miller, RPR, Heinz Riederer, Lawrence
McCann.
Supervisor Thomas called the Special Town Board meeting to order at 8:00 a.m. Ms. Thomas
announced a closed session of the board for the advice of counsel... She stated that the board
would come back to open session after receiving the advice.
Ms. Georgia asked if the attorney was present and Ms. Thomas responded that she is on the
phone.
The Town Board adjourned to the back room for a closed session at 8:02 a.m.
Supervisor Thomas announced the end of the closed session for advice of counsel and
reconvened the open session at 8:55 a.m.
Ms. Georgia asked, for the record, if the Town Board was on the phone with Ms. Geldenhuys,
(Attorney for the Town).
Ms. Thomas said no, they were on the phone with Susan Brock, (attorney).
Ms. Thomas said that on the agenda is the appointment of a "Records Access Officer" and in
order to introduce this we would first need to suspend the Town Policies and Procedures because
it was not introduced with the proper advanced timing.
Ms. Thomas moved, seconded by Mr. Kerness the following:
To suspend our Policies and Procedures that would allow us to introduce this resolution
(regarding appointment of Records Access Officer)
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Kerness
aye
Mr. Romer
nay
Adopted
Ms. Thomas asked if there was anyone that would like to introduce this resolution; Ms. Tyler
gave the reasons for introducing this resolution.
Special Town Board Meeting November 25, 2013
Ms. Tyler said that when asked the Town Clerk failed to find a resolution appointing her Records
Access Officer. Also hen requested by Town Board members she did not give the name of the
attorney that was coming in for a FOIL request (although the attorney had scheduled an
appointment to meet with the Town Clerk three days after the name was requested) The other
reason is that the Town Board needs to be assured that the records have been reviewed according
to the FOIL procedure prior to being copied or made available.
Ms. Georgia said that before the Board continues she did not even know the she was to provide a
resolution until last Friday and used the weekend to find that resolution. Ms. Georgia distributed
copies to the Board of the 2002 resolution appointing the Town Clerk as Records Access Officer.
Ms. Georgia said that she did give Liz (the Supervisor) the name and phone number of that
attorney but when Mr. Kerness called her at home and asked she told him that Ms. Thomas had
that information. Ms. Thomas said that the phone number was found in Ms. Georgia's recycling.
Ms. Georgia said she had no reason to keep the information after she had passed it on to the
Supervisor.
Ms. Thomas said she has concerns because the Clerk and she had discussed the FOIL procedure
and there is a strong difference of opinion between the Clerk and members of the board on the
FOIL procedure and how it should be followed. Ms. Thomas feels the Town Clerk is unwilling
to follow the appointed procedures and that gives the Board concerns because they are concerned
over litigation and feel it is important to address that problem.
Ms. Thomas asked Ms. Tyler if she was going to introduce the resolution.
Ms. Georgia asked if the Board was going to unappoint the Town Clerk as Records Access
Officer".
Ms. Tyler said the resolution will do that.
Ms. Thomas said that the Board should proceed with the Resolution.
Ms. Tyler introduced the resolution as follows:
RESOLUTION APPOINTING RECORDS ACCESS OFFICERS FOR TOWN OF
ULYSSES AND ADOPTING OTHER POLICIES REGARDING PUBLIC ACCESS TO
RECORDS
WHEREAS, the Freedom of information Law (FOIL), New York Public Officers Law Article 6,
provides for public access to records maintained by municipalities, and
WHEREAS, the Town of Ulysses (Town) wishes to adopt the following policies
regarding its implementation of FOIL, including the procedures applicable to
requests from the public to inspector receive copies of Town records,
BE IT RESOLVED, that
Special Town Board Meeting November 2S, 2013
A. The Town designates the following person as Records Access Officers:
Mary Bouchard, Town Bookkeeper (Email appears in s paragraph further down
in the minutes)
10 Elm St. Trumansburg, NY
B. Mary Bouchard sha4ave primary responsibility for insuring appropriate Town
response to public requests for access to records.
C. Records shall be available for public inspection and copying at:
The Town of Ulysses Hall
D. Requests for pub is access to records shall be accepted and records produced during
all hours Town of Ulysses is regularly open for business these hours are 8 to 4
Monday through Friday or by appointment if the Records Access Officer is not
available.
E. Requests for records maybe submitted by completion and electronic
Submission of the electronic form on the Town's website. Requests
for records may also be submitted by completion of the paper hard
copy form that is available at the Town's Clerk's office and
submission of the form to either of the Records Access Officers at
the business addresses listed above.
F. The following person or persons or body shall determine appeals
regarding denial of access to recordings under FOIL:
Town of Ulysses Town Board
BE IT FURTHER RESOLVED, that any Town officer or employee who
receives a FOIL request shall immediately send it to the Records Access
Officers listed above so that a Records Access Officer may notify the
person submitting the request of the proper procedure to do so.
BE IT FURTHER RESOLVED that all Town officers and employees
shall provide the Records Access Officers with all records that are
described in the FOIL request.
BE IT FURTHER RESOLVED, that the Records Access Officers shall
follow all requirements and procedures specified in FOIL and in the
Regulations implementing FOIL found at 21 NYCRR Part 1401.
BE IT FURTHER RESOLVED, that this resolution supersedes and
rescinds any and all prior resolutions in consistent there with.
Mr. Kerness seconded, Ms. Tyler moved the foregoing resolution as she
introduced.
Ms. Thomas made a friendly amendment to the resolution to add the
address of the Town Hall as 10 Elm St., Trumansburg, NY 14886,
4
Special Town Board Meeting November 25, 2013
seconded by Mr. Kerness.
Ms. Hertzberg asked the Board if they were going to allow anyone from
the public to speak.
Ms. Thomas said that it is up to the Town Board if they would like to
entertain that.
Ms. Tyler said there is another meeting tomorrow. Ms. Hertzberg said
but there is a meeting now.
Mr. Kerness said that after the resolution is passed he does not have a
problem entertaining public input.
Ms. Thomas said that the Board would continue on.
Ms. Zahler was asked for the email for the Records Access Officer
Ms. Thomas repeated that the email is tousuper&twcny.rr.com and that
would be another friendly amendment that the bookkeepers email be
included and the resolution could also include that the bookkeepers
email is available on the web site. Ms. Tyler accepted the amendment to
the resolution of the email for the Records Access Officer.
Ms. Thomas asked if there were any questions.
Mr. Romer asked if there is a policy in place. Does the Town have a
policy in place for the FOIL request?
Ms. Thomas said that they requested that of the Clerk.
Ms. Georgia said she did not find one and she follows the Town Clerk
Manual.
Ms. Thomas asked if there were any further discussion and called the
vote.
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Kerness
aye
Mr. Romer nay
Adopted
Special Town Board Meeting November 25, 2013
Ms. Thomas said that there needs to be an amendment to the agenda to add public comment of
10 minutes, 3 minute per person.
Ms. Thomas moved, seconded by Mr. Kerness the following:
Add Privilege of the Floor for 10 minutes with 3 minutes per person as is the normal
privilege of the floor.
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Kerness
aye
Mr. Romer
abstained
Adopted
PRIVILEGE OF FLOOR
Attorney Meira N. Hertzberg, an attorney from Cortland, NY, said she has a couple of
comments. The first is that she is curious why the Town would appoint a specific individual to
be the RAO because if that individual quit her job or something happens than you have an
individual that is an RAO rather than the Clerk. Ms. Hertzberg also is curious to what kind of
training this individual, Mary Bouchard, has in evaluating FOIL requests. Ms. Hertzberg said
that her second comment is; through a query she wonders what the basis of this emergency
meeting. As you well know you can only have a meeting on a three day notice without anything
in the paper when there is a bonafide emergency. So she is curious as to what the emergency
was that you called a meeting on Monday morning at 8 a.m.
Ms. Tyler said that the Board has frequently had meetings on 8 a.m.
Ms. Hertzberg said frequency is not an emergency.
Ms. Tyler said that we can call a special meeting without an emergency.
Ms. Hertzberg said that this is not a special meeting.
Ms. Thomas said she does not think we need to have a dialog and certainly do not have to answer
these questions. Ms. Thomas said that she does thank Ms. Hertzberg.
Ms. Hertzberg asked the Board if they wanted it on record why they are having an emergency
meeting.
Special Town Board Meeting November 25, 2013
Ms. Thomas said that they did put it on record at the beginning as Ms. Tyler stated that the
concern was that we have had FOIL requests and after the dialog that she had had with our Town
Clerk made her concerned about following the FOIL Law.
Ms. Hertzberg said that the attorneys name is not important to know. Any citizens can come in
and make an oral request and you do not need to know who that person is; it's nobody's business
unless the Town Board is trying to stop somebody. Ms. Hertzberg said she does not understand
why a Town Board would even put on the record that changing the FOIL procedures and the
RMO is based on not getting a name of a person that scheduled an appointment. That person did
not have to come in, that person did not even have to schedule. Ms. Hertzberg said that she
could come in here today and make a FOIL request. The law is the law. Ms. Hertzberg said she
can view the records without a FOIL request, if I wanted copies I would need to FOIL it. I do
not know what you think you are achieving by circumventing the process, because you did not
know the name of the person. Also the resolution was adopted in December 10, 2002 appointing
the Town Clerk's Office.
Ms. Thomas said they did ask for the resolution but it was not provided to them until today.
Heinz Riederer commented:
Please be advised that the Ulysses Town Board was placed on notice on November 18, 2013
(copy handed to Town Board members and Clerk) relative to the above referenced matter as
follows:
TO: Town Board
SUBIECT: Section 3.4 of Town L a w& o t h e r s
DATE: 1 1/ 18/2013
Board Members were not in possession cfadequate materials to consider this man
motion under consideration today. Materials were not forwarded before 5:00 PM
on Thursday, November 14, 2013.
Furthermore, minimum standards in notification have n1been met as to time of
ToAnBoardMeeting, notice of location of meeting, and notice timing of
meeting.
In addition, two (2) public meetings were SCHEDULED concurrently, creating a
conflict for the citizenry. The public is entitled to attend both public meetings.
As aresult, this motion to accept the proposed Town of Ulysses Zoning Law
Revisions and to set adate for Public Hearing may be null and void.
The matter does not appear on the draft agenda for tomorrow's Town Board meeting and I
respectfully request that it is placed on the agenda for 11/26/2013 and applicable in accord with
applicable NY State Municipal Law.
Special Town Board Meeting November 25, 2013
Lawrence McCann said that he is requesting that there be a privilege of the floor at tomorrow
night's meeting. Without having that it is promoting serious mistrust in the community and also
about two months ago, in my privilege of the floor, the Supervisor stated that she would post a
document which answered a majority of our questions and that document is still not posted or
available.
Hearing no further comments or business Ms. Thomas asked for a motion to adjourn. Ms. Tyler
moved for adjournment, seconded by Mr. Kerness. Unanimously approved and meeting
adjourned at 9:11 a.m.
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk
