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HomeMy WebLinkAbout1998-11-30 1 Town Board Minutes Special Meeting November 30, 1998 TOWN BOARD MINUTES SPECIAL MEETING NOVEMBER 30, 1998 - 8 : 00 A.M. PRESENT : Supervisor Kenneth Horst Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz Others Present: Carol Sczepanski - Town Clerk Members of the Public : Elizabeth Owens Roe, Mary Oltz, Marie Boehme, Esther Dotson, Nicole Sutton, Willard T. Daetsch, Pat Woodworth, Margaret Shepard, Ted Jones, Charles Tilton, Linda Howe, Ross Borden The meeting was called to order by Supervisor Kenneth Horst at 8 : 07 a.m . The purpose of the Special Meeting was to discuss the Danby Area News Publication. Supervisor Horst made the following comments and presented framed a plaque form the Ithaca Rotary Club for the Board to view. The plaque will be placed on the wall in the office area of the Town Hall . He reported that the primary issue to be discussed today is the Danby Area News and to hear comments relative to any concerns that anybody has and answers to those concerns . One of his concerns in the eleven ( 11 ) months that he has been in office is that there seems to be a lot of ill feelings within the Town of Danby. If anger or hostility is exerted at this meeting he will abruptly call this meeting to a close. Elizabeth Owens-Roe - reported to the Board that the function of the news in the community is two fold. We are basically making history which means we have to be fair and as non-partisan as possible and be inclusive . She has not received negative public feedback except from a very tenacious organized group of people . She said her responsibility is to the Board but her first responsibility is to the public and if it is going to be a community newsletter then it has to function as responsible to the public first. People putting things in the calendar without approval is a problem and she did not expect to have to deal with the obstruction that has been going on in Town. Liz reported the following explanations from those complaints and how they were addressed . 1 ) An article submitted as a Danby Community Council report was omitted . The article was edited and reviewed by the Danby Area News review persons and the Community Council Building Committee . 2) An article submitted by the Community Council President -- after consultation with the background persons involved they said they did not want the article printed . 3 ) Minor deletions in the November issue were - From the City of Ithaca Youth Bureau with no dates or time line attached to the article and it was not a Danby program. It was included in the Youth Flyer publication and had been previously circulated to all the people of Danby. 4) The article on the reading room was not submitted by the Reading Room Coordinator. Councilperson Gagnon - said that it might be worth reviewing some of the background and thought that has gone into a proposal that he drafted for possible action by the Board . Jim Houghton, and several people have been approached over the course of the years because of concerns about the timeliness issue and other issues with regard to the Danby news . Communication Received : 1 ) A memo was submitted to the Board Danby Area News Editorial Board Member, Ted Jones, 2 Town Board Minutes Special Meeting November 30, 1998 addressed to the Danby Area News and dated November 25 , 1998 . 2) Open Letter of Dismay to the Danby Town Board Regarding the Danby Area News regarding timeliness, guideline violations, and financial accountability. The letter requested action to solve problems and was signed by 27 persons addresses unknown. Councilperson Steiner reported that on September 14 this Board was prepared to criticize one of our volunteers for not adhering to guidelines that had not yet been adopted by the Board and referred to a document circulated to the Board dated September 9th. On September 21st the Board adopted guidelines for the Danby Area News . The September 9th document also refers to the fact that after consultations with the Danby Area News Guidelines Committee the statement to Elizabeth Owens- Roe was formulated and he would suspect that Elizabeth Owens-Roe never seen that document prior to that meeting. At that time two (2) names surfaced to take over the Danby Area News . Today ' s meeting is a demonstration where two (2) perhaps three (3 ) board members , behind the scenes reached an agreement, a legal agreement, I might add with Jim Houghton, their proposed successor to Elizabeth Owens-Roe. This in my opinion is deceitful , misleading, and totally inappropriate for this Town Board to be involved with. Councilperson Inman reported that his concerns with the Danby Area News are simple . He would would like to see it a newsletter to get simple information out to the public and be nonpartisan, without politics in it, just a newsletter with information and programs . Carol Sczepanski - Town Clerk - reported that she doesn' t report detail and description of actions of the Town Board due to problems that resulted from board members submitting information that picture and opinion own views and not necessarily the whol e p p inion of the entire boards . reflected their Town Clerk was designated by the Town Board and the Planning Board to be the person to submit only the official actions of the boards to the Danby Area News . The how, why, and individual of officials votes is eliminated . Unresolved issues are not be reported in the news . Public Comment : Supervisor Horst opened the meeting to the public for comments and said that they would be limited to three (3 ) minutes . Marie Bohem - Comfort Road - is here as a community member and attends as many meetings as she conveniently can. She said that we should be respectful of peoples lives and should include volunteer contributions as part of the cost of programs and not take volunteers for granted . Esther Dotson - Updike Road - has questions about procedures and the budget decisions . She is disturbed by the manner of dealing with disagreements by undercutting, discrediting and ultimately trying to dismiss people with whom one disagrees . This is her idea of not a democratic way of dealing with disagreement. Nicolle Sutton - has lived in Danby for 12 years and said that all she wants to see in the newsletter is a forum for all groups not an organ for one specific group . She thinks the newsletter is doing a good job and does not have a problem with it. It is important to have all generations to know what is going on . Ross Bordon - Comfort Road - said he would like some change in the newsletter and does not know how it can be accomplished. He said he is not quite sure about the question of timeliness but can tell that there are all kinds of institutional pressures that get expressed . He is made to feel that the community is divided and angry and it' s not the expression of community . A change in personnel has to be handled very carefully and perhaps by soliciting and reviewing . Mary Oltz - reported that she feels that if you turn the news over to Danby Community Council and have Liz do part of it and someone else do part of it you' re never going to get the timeliness factor taken care of It is never going to be timely . She has never known this position to be an appointment as the Town has always looked to people that were willing to take over the editorship of the 7 !i I. . 987 3 Town Board Minutes Special Meeting November 30, 1998 newsletter and we have someone who wants to do it . Why are we looking for someone else to do it as there have been no interviews . Ted Jones - South Danby Road - He has made some comments regarding his role in the Danby Area News as an editorial board member and he thinks that he would add that he does not think that political motivation has been eliminated from the news . Ted submitted a memo of comments to the Board regarding the November 1998 Issue . Margaret Shepard - 441 Comfort Road - Liz Roe agreed to become editor of the Danby Area News in March of 1997 and it has been my responsibility as Secretary of Community Council to make submissions since September of last year. She has submitted information by the deadline each month and knows that she is not likely to see them from 3 -6 weeks . She reported that she knows of several people who have interest in working on a newsletter. Liz Owens-Roe - Gave background information of the publishing of the Danby Area News from May 1997 to the present including the drafting of the Danby Area News Guidelines . She said that this is the most timely news we have had. She said her goal to get the news out the first week of the month. The next newsletter calendar is seven (7) weeks long . The last issue of the Youth Flyer was returned by the Ithaca Post Office has 1803 Danby Road address with Spencer Zip Code . Councilperson Gagnon said it has bothered me from day one that we don ' t have a policy as a board regarding how we handle appointments . If we had a policy in place then perhaps it would have applied in this situation. The probability that soliciting interest would bring forth a field of candidates is pretty slim. We have a new party who is willing to work with us in this new context who is exhibited interest in flexibility and it seems like an appropriate time to make the change . Councilperson Strichartz -- said she isn' t sure whether or not it would be better to have an interim editor and then a procedure for appointing a permanent editor and thinks that we should go ahead and have Jim do the January issue and to solicit interest including Liz if she wants to do it again . She reported that Jim Houghton has expressed interest in doing the editorship of the Danby Area News and his name appears in a draft resolution by Councilperson Gagnon. Councilperson Steiner said that for a point of information : " nobody in this room knows that resolution" . NO RESOLUTION WAS PRESENTED BEFORE THE MEETING Supervisor Horst reported that he received a communication signed by a number of members of the community and delivered to his home on Sunday, November 29 , 1998 entitled" Open Letter of Dismay to the Town Board Regarding the Danby Area News" . The open letter contained 27 signatures without address, date of signature . Person or persons who circulated and obtained signatures are unknown. Esther Dotson reported that she was distressed at this way to referring to things . "We will do this to the Danby Area News . We have a program in the Danby Community Council to take care of this and we are putting out a flyer. " The members of this board are excluded by the by-laws of the Danby Community Council from making decisions for the Danby Community Council and none of this has come before the Board of the Danby Community Council and has never been put before the Community Council . The Community Council did vote for the flyer but has not voted, and has not discussed any extension of the community flyers . Councilperson Steiner said he like to point out that as of now, unfortunately, he would really prefer that the Danby Area News be a program of Community Council but it is a program of the Town by the request of the editor. He said he hopes that in the future, when the Community Council hopefully will get along better than it does now, that the Danby Area News will in fact go back to the Danby Community Council . 988 4 Town Board Minutes Special Meeting November 30 , 1998 Liz Owens-Roe responded the Danby Area News is a full member of the Danby Community Council and have a separate bank account and budget. The by-laws clearly state that we are members of the Community Council, we are covered by insurance, we are subject to all of the rules and guidelines of Community Council . The only difference is that the programs are designated as Town programs . We ' re considered Town programs because we were town wide and therefore we are eligible for town funding. Councilperson Steiner said that any discussions with John Barney in regards to the news, he would like to hear it from John himself Supervisor Horst said that any discussions with our Town Attorney should be with the approval of the Board before that takes place so that we are well aware of what is being discussed . He wasn' t aware of this until he was notified by John Barney. Councilperson Gagnon said that he have attempted to address the issue of what is the Danby Area News legal standing in order that Jim, before he gets into this fully understands the limitations and the and he thought it would be prudent to review those provisions with the Town Attorney before he brought a resolution to the Board . Supervisor Horst said he wasn' t aware that anybody was going to be contacting John Barney relative to this issue . He said it is my opinion is that we really should get the guidance of John Barney not only in reference to the Danby Area News, but see what he says about every organization we have in the town and how we should handle it . He thinks it would be inappropriate for the Board at this time to make or even suggest any changes until we have a chance to see what our attorney says . Councilperson Gagnon said that it was with John' s advice that he changed the drafted resolution . He reported that he e-mailed prior to the previous meeting the shorter version. He said we should make the appointment subject to the drafting of an agreement. Councilperson Steiner commented that he does not have a whole lot of confidence that John Barney has heard both sides of this issue and has been asked some questions which I would like to ask. He stated that it is his opinion that this has been orchestrated by two , maybe three, Board members and for the Board not to have the ability to individually or collectively discuss this issue with John Barney prior to any action being taken, is inappropriate . Motion Councilperson Gagnon - I move the resolution appointing Jim Houghton Editor of the Danby Area News -- and read the following resolution : PROPOSED RESOLUTION of November 30 , 1998 PROPOSED RESOLUTION APPOINTING JIM HOUGHTON EDITOR OF THE DANBY AREA NEWS By Councilperson Gagnon: Seconded by Councilperson Strichartz WHEREAS , Jim Houghton has offered to produce and edit the Danby Area News, and WHEREAS, the Town of Danby Town Board wishes to accept this offer of service at this time, now therefore, be it with the January 1999 issue, and continuing through the December RESOLVED, that commencing �Y 1999 issue, the Town Board hereby appoints Jim Houghton of the Graphic Touch Design Studio as the editor of the Danby Area News , subject to the negotiation and signing of an agreement setting forth the terms and conditions for funding by the Town, and be it further RESOLVED , that this agreement,l s should be prepared for the Tow to compliance with all applicable n of Danby Town Board to } review and approval at the December 1999 meeting of the Board . 989 5 Town Board Minutes Special Meeting November 30, 1998 Secondary Resolution WHEREAS , the Town of Danby Town Board wishes to engage the services of Jim Houghton as editor and producer of the Danby Area News, now be it RESOLVED,that the Town of Danby Town Board directs the Town Supervisor to convey by letter. Discussion : Councilperson Stiener said that he will once again state his opinion that passing resolutions constantly all year long contingent upon some subsequent agreement as to what the terms and conditions are for their relationship is inappropriate for the Town . If we want the Town Attorney to negotiate this you lose your negotiating ability with the recipient of that agreement, Jim Houghton, by already having the position and not being necessarily forced into agreeing with the contract . Supervisor Horst said that he agrees with Councilperson Steiner and thinks it is inappropriate . It is inappropriate because this has been an unfair way to handle the situation relative to Liz and said that he knows absolutely nothing about Jim Houghton . Councilperson Strichartz stated that he is a volunteer just like any other volunteer. Elizabeth Owens-Roe responded to Councilperson Gagnon that this reflects on her profession, this reflects on my performance and the newsletter is improving, timeliness is improving. The guidelines have only been in place since September . I am doing this out of the goodness of my heart for this community to create a liaison among groups because of all the conflict that ' s been going on for the last year and a half. The Board discussed possibly soliciting interest and scheduling interviews of proposed candidates for editor of the Danby Area News . Motion by Councilperson Steiner to call the question to vote on the resolution . A second was assumed by Supervisor Horst. A vote on the motion resulted as follows : Three (3 ) Aye Inman, Steiner, Horst Two (2) Nay Gagnon Strichartz Motion Failed Motion to Discontinue the Danby Area News on November 30 : A motion was made by Councilperson Inman that the Town of Danby Town Board discontinue Danby Area News on November 30th, to : 1 ) clarify the ownership or governing body, either the Town Board or the Community Council ; 2) develop policy for acquiring an editor with interviews ; 3 ) set term limits ; 4) any other necessary governing rules which may be necessary. An Open Letter of Dismay that was submitted to the Town Board was discussed . The following "Open Letter of Dismay to the Danby Town Board" was passed to the clerk and received for the record at 9 : 30 a.m . , Monday, November 30, 1999 containing 27 signatures , no date of signature or addresses and without signature of person(s) who circulated the document. 990 6 Town Board Minutes Special Meeting November 30, 1998 "Open Letter of Dismay to the Danby Town Board Regarding the Danby Area News We are dismayed by the following issues with respect to the Danby Area News . 1 . Timeliness. Over the past year, many of the events that have been publicized in the Danby Area News are over by the time the News is received . 2 . Guideline violations : The guidelines have been violated . 3 . Financial accountability : The previous town board made no cuts in this year' s proposed budget for the News which resulted in a 65 . 5 % increase from last year ( 1997) to this year ( 19998) . (The increase includes funds to pay an outside agency to fold and staple the News because the editor has adamantly refused to allow volunteers to do so . ) In addition , advertisements have increased. But there have been no financial reports explaining how tax dollars and advertising dollars from Danby businesses and residents have been spent. We are requesting that you take action to guarantee that these problems are resolved . Discussion : Councilperson Steiner asked Councilperson Inman if the resolution could be amended to authorize the supervisor to appoint the committee . Councilperson Inman read the following motion : That the Town Board set up a committee to : 1 ) Clarify ownership or governing body of the Danby Area News , be it Town Board or Community Council ; 2) Develop policy for acquiring an editor with interviews ; 3 ) Set term limits ; 4) Develop a contract to be completed and in place Area December be ,di�continued until the not complete by December 31 , 1998 the y committee develops an appropriate contract. After lengthy discussion Councilperson Inman introduced the following resolution : RESOLUTION NO. 65 of 1998 RESOLUTION TO SET UP A COMMITTE FORS THE DANBY AREA NEWS By Councilperson Inman : Seconded by Councilperson RESOLVED, that the Town of Danby Town Board set up a committee to : 1 ) Clarify ownership or governing body of the Danby Area News, be it Town Board or Community Council ; 2) Develop policy for acquiring an editor with interviews ; 3 ) Set term limits ; 4) Develop a contract to be completed and in place by December 31 , 1998 ; and be it further RESOLVED, that if a contract is not complete by December 1 , 1998 the Danby Area News will be discontinued until the committee develops an appropriate 991 7 Town Board Minutes Special Meeting November 30, 1998 A roll call vote on the resolution resulted as follows : Three (3 ) Aye -- Two (2) Nay Gagnon Aye Inman Aye Steiner Nay Strichartz Aye Horst Nay Motion Carried Motion to Authorize Supervisor to Recommend Members for Committee A motion was made by Councilperson Steiner and seconded by Councilperson Inman to authorize Supervisor Horst to recommend members to serve on a committee to establish policy, develop a contract and to interview residents for the editor for the Danby Area News A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously OTHER BUSINESS : Comi Contract: Supervisor Horst urged the Board to review the proposed contract from Comi Telecommunications and request response in writing. The Board must approve the proposed contract and authorize the Supervisor to sign the agreement. Councilperson Inman requested that the Town Board hold a Special Meeting of the Board to establish a committee for the Danby Area News issue and the Comi Telecommunications Agreement. Motion to Hold Special Meeting at the Agenda Meeting - December 1998 A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that in addition to the Agenda meeting on December 9 , 1998 that the Town Board hold a Special Board Meeting to appoint a committee for the Danby Area News A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 10 : 06 a. m. ap61 )2wzral; min - 11 -30 . 98 Carol W . Sczepaa Town Clerk 11, , , _ . I