HomeMy WebLinkAbout10-02-1997
MINUTES OF SPECIAL TOWN BOARD MEETING
THURSDAY, OCTOBER 2, 1997 AT 3:00 P.M.
Those present: Teresa M. Robinson, Supervisor
Ellard L. Sovocool, Councilman
Daniel J. Carey, Councilman
Gordon C. VanBenschoten, Councilman
Fran Casullo, Attorney
Absent: Donald N. Palmer
Present: As per attached list (approximately 100 McLean
residents).
Meeting called to discuss Adult Entertainment in the Town of Groton.
Sandra Putnam: I want to know how we can get rid of it. It's there, it got
there, some how, how do we get rid of it?
Attorney Casullo: One of the reasons why we had this special meeting is to
have the residents who have been calling, asking questions, venting their
views and their frustrations, and that is one of the reasons we are having
this meeting. To be honest with you, what is going to happen after we get a
significant amount of comments from the residents, what we are going to do is
move into executive session to talk about the matter that may be pending
litigation. The best I can tell you is that when I go in with the Board, we
will meet for the first time on this, I only found out about this yesterday
afternoon. When I meet with them then I am going over the various options
that we have, in due speed we are going to talk about it,and then we will
decide how we move next. We are trying to get the residents views that are
here, so that we can take that into account when we meet in executive session
and also, basically, to have you least we know how concerned each of you are
and we are going to take every ones view into account. Just basically trying
to give you an opportunity, I have had a lot of phone calls at my office, I
know some of the council people had a phone call, I know Teresa has had phone
calls. This way at least you know that we know, that we are aware of it now.
I have been made aware of it since yesterday afternoon and this way we know
and take some time as to what you have to say, take in account and then we can
move into executive session to begin to move forward what we need to do, what
we need to discuss. I know it is not the greatest answer to your question,
that is the legal way of how this is going to work. I apologize because I'm
probably not giving you all the answers that you want, but at this point that
is how we need to proceed.
Reverend Smith - When you make your decision in executive session are the
people then going to have another chance to voice their opinion?
Attorney Casullo - To be quite honest with you, we are going to have the
regular meeting Tuesday, October 7th, you are welcome to attend the meeting.
There is always privilege of the floor at every regular meeting and I can
tell you then by that time, probably a lot sooner, there will be a decision as
to how the Town is going to proceed.
Sally Brown - I live on Rte 222 - Exactly a year ago at this time, this
community and surrounding communities were torn apart by the death of two
young girls in a way far beyond our imagination. Because of that situation and
that kind of activity, this situation is pornography and this community has
had enough.
This is 5 doors from where these girls were killed, and for us to allow that
kind of activity gives open invitation for this kind of activity to come back
to our community or to sponsor it is totally unheard of and unthinkable and
untolerated.
Van C. Travis, Jr - 10 Cemetery Lane, McLean -I don't know a single soul of
you, could I ask each of you (the board) to introduce yourselves to me and to
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the group here. I honestly don't know who I am speaking to (the attorney, the
Town Board and Town Clerk introduced themselves to the group). The question
is that are there some procedural issues here. My understanding is that
whenever procedures that I have, being a business owner, have made application
with regard to zoning issue, that some of the procedures associated with this
were unusual to the extent, I heard, and I don't know whether it is true or
not, that the application process and everything was done over the telephone,
which is not how I proceeded on two separate occasions when I made
applications, so that is one of my questions. Are there procedural issues
here, the other is to explain some of the issues are that we as citizens can
even pursue with regard to this matter.
Attorney Casullo - To answer your first question first, there are procedures.
A secondary level is the procedure that will be discussed in executive session
to find out where we stand with how the procedures were handled. The second
question you asked is what can you do as Town residents, you may go to an
attorney of your choice to determine if their is anything of a personal level
you can do. The only thing I will tell you is that once I talk with the Town
that the Town will have a position on this matter that will be well thought
out which will be of best of interest to the Town. Whether or not that takes
care of both your interests and the Towns, I don't know. But, at this point,
I just want you to understand that my hands are tied a little bit here,
because of the way things have happened so quick and the way things have been
I have not been able to actually to even sit down with the this Town Board yet
to even try to figure out what happened. Quite frankly, the first time of
ever hearing about this being taken over the phone is right now. I don't
know. I don't know if it is true, false or otherwise.
Reverend Leslie Smith - Pastor at McLean Community Church. Several concerns
- one of them is your going into executive session. Which means when I look at
those of you that sit on there, no one is actually a resident of McLean. I
think we are all a little concerned about that, wondering how we, I know we
are part of Groton, but we are, as Sally Brown pointed out, a unique part of
Groton that experienced a terrible tragedy and are feeling a little bit left
out while it is all happening to us. We are feeling left out of the process
that is going to take place.
Attorney Casullo - the answer to that question, I think, anybody on this board
have all been duly elected and I know all personally, and I think that all
because they do not reside in the hamlet of McLean, they do reside in the Town
of Groton, which McLean is a part of. They are going to do everything in
their power to make sure that the interest and views of the people of McLean
are heard, listened to and they are least respected to try to understand to do
something about your concern. I think they represent the entire town. They
know they represent the entire Town, they will do the best job possible.
Reverend Smith - I know that and appreciate that but I want you to know it
not like having the girls murdered in our back yard, and this establishment
opening in our back yard is not safe for any of you as it is for us living
there. When you come to a decision as to how to progress, how will we know.
Attorney Casullo - When we make a decision as to how we are going to progress,
probably Tuesday's meeting for sure.
Reverend Smith - We will not know anything until Tuesday?
Attorney Casullo - I don't want to tell you that we are going to tell you at
5:00 o'clock tonight what we are going to do when I can't hold that promise.
What I am telling you is once a decision has been made as to how we are going
to proceed in this matter, then of course we will tell people as to how we are
going to proceed. The next regular scheduled meeting is Tuesday and I am sure
by that time there is going to be a decision made and that officially will
come that way. There are certain issues we need to discuss and there could be
some phone calls that have to be made and there will be some discussion with
some other people that are not here right now before we collect all the
information to go and make a decision.
Reverend Smith - I understand, I need to clarify then for myself that the
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first time that I am going to know what the decision is, as to how you are
going to proceed, will be Tuesday evening.
Attorney Casullo - May not be, it may be sooner than that.
Reverend Smith - And if it comes sooner is the question, then how will it
come? I mean I found out about this meeting tonight because Clara Travis
brought me the notice. If she hadn't I may not have known, although the
grapevine works quite well.
Attorney Casullo - That is what I am hoping for. When I made the decision I
spoke with you yesterday. In fact you were the first person to make me aware
of it. I came over in the afternoon, we have to get everyone schedules
together. I didn't want to hold it yesterday because I told Teresa that I
wanted at least get some notice out to Town residences. I know we couldn't
give the best notice but if some people found out about it, they would get the
word around. Obviously, we did a pretty good job doing that. But on such
short notice there wasn't much more this Town Board could have done than that.
I think we did the best we can and when we make the decision people will be
notified. I just cannot tell you when.
Reverend Smith - Ok, if not when, how? how? Do I check the post office,
check with Clara,........I am not trying to be rude.
Attorney Casullo - The best thing I can tell you is definitely Tuesday night
there will be some statement, what I am trying to say, that the one thing I
don't want is someone on this Town Board to have to contact every person in
McLean. I think once we have made the decision I may tell Teresa Robinson how
to go about announcing it. But I want to make the decision first as to how we
are going to go then I will concentrate on the timing of it. It is not going
to be a secret to anybody as to how we are going to proceed once we make that
decision. I am not just going to sit here and tell you a certain time, a
certain date that I can't hold right now. It would not be fair to me, it's
not fair to you or fair to any body else.
Reverend Smith - So we wait.
Attorney Casullo - Yes, as I said, this Town Board has to authorize me to do
something. Since I have not met with them yet, we have to sit down and discuss
this. Then I get the authorization to start collecting the information, start
making the phone calls, start talking to people. Not that I haven't already,
but I need their approval to do so. Again, I sympathize with your position in
your plight and I certainly understand it, I hope you understand where I am
coming from. If you called me, I certainly called you back; its not that I'm
not going to ever duck anybody, I just am not going to sit here say something
I can not hold. I'm being totally up front with you now as I can be. I
understand this trying time for the people of McLean, but I am not going to
start saying things and doing things that probably would make it worse by
saying that we will have a decision by
5:00 o'clock tonight, because there is a chance we are not. Chances are we
will be well on our way to a decision by 5:00 o'clock tonight, but I just
can't tell you for sure.
Reverend Smith - I would just say that I understand that you can not give me
a time and the date, but there are people that had influence in McLean as to a
number of people that can be contacted at once. And if you would take it into
your consideration and to make sure those people are notified.
Attorney Casullo - Oh, absolutely, absolutely.
Reverend Smith - Also, I hold all of you in my prayers and ask my congregation
to hold you all in our prayers as you go about your business.
Clara Travis - Owner of Patchwork & Pies which is directly across the driveway
from the Elm Tree Inn. There is probably no one more closely affected by this
than me. I was born in McLean, I have lived in McLean a very long time. I
live on the property where I was born fifty some years ago. If it wasn't so
sad, it would be pretty funny to say to have a quilt shop on this side of the
driveway and nude dancers this side of the driveway. It is absolutely ironic
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that those two would be completely different. Last night as we were standing
on my property on the square at about the time that classes get over at my
shop, three gentlemen came out of the Elm Tree Inn and mooned us. I find this
disturbing, I have a wonderful cliental. I had many phone calls from people
today. I contribute significantly, not only myself, but my company, to the
tax base of this community of which I am very proud. If you drive through
McLean at just about anytime you see a lot of people at my shop. I am very
proud of what I have done. I have had many people from McLean and all over
tell me what a significant contribution and how wonderful it is to see what
is going on in that community. That is good. I have asked newspapers to give
me a little press quite frankly, and I can't get any press for my wonderful
business, but we can get press for nude dancers, I find that disturbing. When
I was considering opening the business in McLean, I had to come and appear
before these gentlemen. I had to prepare little maps telling them where my
outside lights were, where were these lovely ladies going to park, and I am
appalled to think that this group of people were able to open this
establishment by a phone call. I think there is someone in this room that
knows and I was told by this person last night because I asked him directly
was this done by telephone and he said yes it was. I think that person could
come forward and maybe relay to us, make us feel better as to why that
happened. Why I, as a little retail shop, catering to many women, had to come
and appear and go through what I went through and yet this establishment that
has come into town did not even have to do that. My customers are concerned.
I would be concerned also if I were coming to this shop and taking a class and
thought I had to leave there at a very reasonable hour of the night, I think
at 9:30 or 10:00 and expect to see gentlemen coming out of there and being
mooned. I think it is inappropriate, I think it is not good for our
community, I think it is not good for our town, it is not good for our young
families and would expect more of you than we have gotten. And I would hope
that you carefully consider trying to do everything you can. I want you to
know their are many people we can mobilize to do many things. And we, I
think, if you were in town last night, between the time we learned of this at
10:00 AM yesterday morning, we distributed over 1,000 pamphlets by 5:00 PM
and had 100 people in McLean square by about 5:30 last night, you would know
of our concern. I respectfully wish you would reconsider your decision and do
all you can.
Elaine Herring - 5 School Street, a few buildings down from this
establishment. We just bought this building, bought it as an investment, it
is an apartment building. I have a thirteen year old son, we have a eighteen
month old child living in our building. I have just gotten to the point where
I feel comfortable letting my thirteen year old go to a friend's house after
dark. And now, I have to pull back and try to explain to this child why I
have to keep him in the house. I'm locking my doors. In all these years we
lived in this area I've never locked my doors, but I'm locking them now. I
want you to understand there is a real trust issue here, practically every
person who stopped last night asked us how did this happen, how did this
happen? And I have to say thank you because I have to say I have been very
complacent, I have not paid attention to the local legislation to find out
what's going on. I've been complacent about local elections. I won't any
more, my eyes have been opened. I'm going to be talking to the Clerk, I'm
going to be finding out what our policies are. I 'm going to be following
town meetings and I'm going to be paying attention very closely as other
people of this community. We have a real question here of integrity and trust
and I hope that you'll let us know that we have a reason to have confidence in
this board and these officers. Thank you.
Supervisor Robinson - There is one thing I would like to explain to you.
This is what we call our Town Board. And we are responsible for governing the
Town. Under us, there are appointed a Town Planning Board, the Town Planning
Board handles zoning and planning. And that consists of seven members and
under that is the Appeals Board and that takes the appeals if your not
satisfied with what happens in the Planning Board and there are five members
on that board. These are different boards, when your saying board, it all
comes back to me, really, I'm responsible, but, there are these different
levels of boards. OK. And we also have a zoning officer. The person who got
the telephone call, told us about the telephone call...nobody has anything?
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Elaine Herring- I forgot to mention to you. The thing that disturbed us was
these people proceeded to go into a residential area. They walked down the
street and disappeared. We have no idea where they went. And they drove into
the lot.
Ruth Craft - I live in McLean and a member of the McLean Church - I'm
concerned about the Headstart and the Casavent School. I sit in choir in
church and listen to these kids talk to our minister every Sunday. It would
crush me to have to hear a little boy or girl say "Mrs. Smith, you know, we
got McLean" and then blurt it out. I mean that will crush our whole church to
have to hear from a little boy or girl that we have this in our community. I
just think....I also got a phone call last night from a fellow in our audience
and I thought this man was always kidding and when he told me this, I just
roared. And my husband did too, we couldn't understand why he was calling to
tell us this and especially when nobody around knew anything about it. He
said next time take me more serious, cause he does kid around a lot. But, it
was just a shock to hear that they did it so secretive and they didn't get a
hold of anybody.
Nina Hopper -live in Freeville NY - Thank you for meeting with us, thank you
for all the residents that have shown. I prefer to wait for the people from
McLean to speak first because this is their heart vested area. My concern is
not just for McLean. I am a resident and a taxpayer of Tompkins County. My
husband and I also contribute to the tax base of our county, we own our own
business. We also support the county, we are both licensed ministers of the
gospel and pastors of Reachout for Christ in Dryden, New York. I'm trying to
choose my words wisely here. The concern for McLean, Groton, Freeville,
Dryden, Ithaca and all of Tompkins County is, that what is going on whether it
be legally permissible or not is that the events that occur within this bar
are biblically and morally wrong. This is the basis upon which our country
was founded and we all know that on biblical and moral right. What is
occurring in the McLean bar is sin. It's simple - we can call it deviate
activity, we can call it someone who has lost their way, someone who is
exercising their own folly. We can call it anything we want. The root is
nude behavior in public is sin. Neither you nor I nor any one has a right to
view something that God made for the soul purpose of one mate. None of us
have that right to view another person except within the marriage covenant.
So there is a tremendous amount of sin going on. It goes on everywhere. It
is my concern that it is at my back door. I have an eighteen year old son, I
have a twelve year old daughter, I have a eight year old daughter. And I
thank God for the privilege of living in America where I can make choices.
But it behooves me to implore you as fellow Americans citizens to look at the
situation here, see if our laws are now in place so that we can keep this kind
of sinful activity out of our communities. You have been bestowed in your
positions by God Almighty. We did not put you there. We voted you there.
God's word instructs us that he puts men and women in authority and in power.
And I would beseech you to look at what the truth is here. Were dealing with
sin. And yes, I understand the laws. I'm a business owner, too. I know what
it takes to run a business and open a business. And I appreciate all the
other business owners in our area. But you have been appointed with a
position to uphold truth and righteousness and justice. And I would hope and
pray that the rest of our community sees this as well. Thank you your time,
thank you for your consideration, thank you for hearing me.
Supervisor Robinson - This is your chance if there is something special you
want to tell us. Please, right now.
Attorney Casullo - If not, lets recess to go into executive session and come
back out to close the meeting.
Counciman Sovocool moved to recess to go into executive session, seconded by
Mr Carey.
Elizabeth Munson -( Asks to speak) I am a resident of McLean, I also live on
20 School Street. My husband and I own a small used car business. My
question is, during our protest time, is there any possibility through the
Town of Groton we could have some police representation even if one individual
....so that it could be maintained as a civil peaceful protest.
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Attorney Casullo - To be honest with you, this is the first time that issue
has been raised. It's a question that we probably will have to check into with
Tompkins County Sheriff Department. An issue we will talk about when we are
in there. Again, its certainly....
Elizabeth Munson - Getting an answer on that, who will be contacted with that
answer?
Supervisor Robinson - We will let you know. Your under the Sheriff and your
under the State Police.
Attorney Casullo - We will have to contact them. I can't tell what the
response will be.
Counciman Sovocool made the motion to recess into executive session at 3:55PM,
second by Mr Carey, to discuss pending litigation.
Ayes - Sovocool, VanBenschoten, Cary, Robinson.
Board meeting reconvened at 4:08 PM.
Moved by Councilman Carey that the Town Board does hereby authorize Attorney
Casullo to study legal ramifications of the Adult Entertainment Center of
McLean, seconded by Councilman Sovocool. Ayes: Sovocool, VanBenschoten,
Carey, Robinson.
There being no further business, Councilman Sovocool moved to adjourn meeting,
seconded by Councilman VanBenschoten at 4:10PM
Ayes: Unanimous.
Colleen D Pierson
Town Clerk
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