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HomeMy WebLinkAbout1997-08-28 - PB Planning Board Minutes, 8/28/97 31-1 Town of Ulysses Planning Board Meeting August, 28 1997 Present: Chairman Dave Tyler, Greg Hoffmire, Krys Cail, Richard Geiger, and Peter Demjanec Also present : Counsel Bruce Wilson, Town Supervisor Doug Austic, Building Inspector Alex Rachun • Dave Tyler called the meeting to order at 7 : 35 p . m . Dave suggested the meeting go into executive session to discuss the pending litigation. Peter Demjanec made the motion, seconded by Richard Geiger. Unanimously passed . Bruce Wilson requested that the town supervisor and code officer join the executive session. The board adjourned to executive session at 7 : 40 . Board members returned from executive session at 8 : 45 . Richard Geiger moved for meeting to go back on the record . Krys Cail seconded. Unanimously passed . Dave stated that although the litigation claims the board acted in bad faith due in part to a failure to inform the applicant of the 7/31 /97 meeting , the board members who were present at that meeting assumed the applicant had been notified and would be present. Krys Cail, Gregg Hoffmire , Richard Geiger, and Peter Demjanec each individually confirmed this for the record. There was no intent for the planning board to act in secret. Dave stated that another thing that happened was the erroneous transcription of a resolution adopted at that meeting . Town counsel Bruce Wilson read the following resolution proposed and discussed in executive session : The Planning Board of the Town of Ulysses hereby revokes in full the resolution of July 31 , 1997 based on failure to set a hearing date therein and mis-statement by the Planning Board Clerk of action taken by the Board at that meeting, which was not a denial of the application . The public hearing shall now address the application and all questions relating thereto , said hearing is set for September 11 , 1997 at 7 p .m . in the Town of Ulysses Hall . Krys Call made the motion . Greg Hoffmire seconded the motion . Dave asked for discussion. Tom Reitz in the audience suggested using the Jacksonville Church for the public meeting . The motion remained as presented with the location of the meeting to be the Town Hall. The Board voted. The motion passed . Krys Cail Aye Greg Hoffmire Aye Richard Geiger Aye Dave Tyler Aye Peter Demjanec Nay The Board discussed whether it was feasible to meet the 10-day public notification requirement in the ordinance . Dave called for an alternate motion to move the date of the public meeting to • Tuesday, September 23 , 1997 at 7 p . m . in the event publication of the notice could not be scheduled in time . Peter Demjanec made the motion . Gregg Hoffmire seconded the motion. Unanimously passed. Krys Cail offered to call anyone who provided their phone number on the sign-in sheet with the confirmed hearing date . The Board reviewed the minutes of 7/31 /97 . Dave expressed appreciation to other Board members for effort put into the 7/31 /97 meeting and review of the application. Questioned page 1 , paragraph 1 , reads ' 45 days ' when ordinance states 40 days . Secretary confirmed the recording stated ' 45 days . ' Corrections were noted . On page 1 , paragraph 2 , Greg Hoffmire called the meeting to order. Delete the second sentence and list Bill Sitzman as a consultant under ` Also present. ' Page 5 , paragraph 1 , change ` rather or no ' to ` whether or not . ' Page 5 , paragraph 10, delete ` to ' after amendment. On page 6 , meeting was adjourned at 9 : 21 p . m . Counsel suggested minutes be confirmed by Greg Hoffmire as Acting Chair since secretary transcribing minutes was not present at 7/31 /97 meeting . Planning Board Minutes, 8/28/97 �1 2 CJ � Krys Cail made a motion to accept the minutes as amended, seconded by Richard Geiger, passed unanimously . Krys requested discussion of procedural issues . Suggested requesting to have counsel at the Planning Board ' s disposal . The Planning Board will request the Town Board to authorize Chair to retain counsel as his/her discretion. Board will also request to have counsel present for the remainder of the current application since litigation has commenced . Peter suggested the Planning Board also request the Town Board to authorize the Chair to retain other consultants at his/her discretion, a RF engineer was specifically mentioned for the present situation . Board discussed how to assign chair of meeting in absence of Chair. Dave suggested designating Vice Chair. Dave noted his time of Board will be up in December 1998 and suggested having someone take over Chair in 1998 and he would be willing to • act as Vice Chair. Board decided to save this discussion for another meeting . Town Board names the Planning Board Chair. Krys Cail made a motion to adjourn , seconded by Peter Demjanec, passed unanimously . Meeting adjourned at 9 : 30 p . m . Respectfully submitted, Debra Austic, Planning Board Clerk • i I Planning Board Minutes, 8/28/97 LI 1 Town of Ulysses Planning Board Meeting August, 28 1997 Present : Chairman Dave Tyler, Greg Hoffmire , Krys Cail, Richard Geiger, and Peter Demjanec Also present : Counsel Bruce Wilson, Town Supervisor Doug Austic, Building Inspector Alex Rachun • Dave Tyler called the meeting to order at 7 : 35 p . m. Dave suggested the meeting go into executive session to discuss the pending litigation brought earlier by Frontier Cellular. Peter Demjanec made the motion, seconded by Richard Geiger. Unanimously passed . Bruce Wilson requested that the town supervisor and code officer join the executive session. The board adjourned to executive session at 7 : 40 . Board members returned from executive session at 8 : 45 . Richard Geiger moved for meeting to go back on the record . Krys Cail seconded . Unanimously passed. Dave stated that although the litigation claims the board acted in bad faith due in part to a failure to inform the applicant of the 7/31 /97 meeting, the board members who were present at that meeting assumed the applicant had been notified and would be present. Krys Cail, Gregg Hoffmire, Richard Geiger, and Peter Demjanec each individually confirmed this for the record . There was no intent for the planning board to act in secret. Dave stated that another thing that happened was the erroneous transcription of a resolution adopted at that meeting . Town counsel Bruce Wilson read the following resolution proposed and discussed in executive session : The Planning Board of the Town of Ulysses hereby revokes in full the resolution of July 31 , 1997 based on failure to set a hearing date therein and mis-statement by the Planning Board Clerk of action taken by the Board at that meeting, which was not a denial of the application, but was a remand to the applicant for more information . The public hearing shall now address the application and all questions relating thereto , said hearing is set for September 11 , 1997 at 7 p . m . in the Town of Ulysses Hall . Krys Cail made the motion. Greg Hoffmire seconded the motion. Dave asked for discussion. Tom Reitz in the audience suggested using the Jacksonville Church for the public meeting . The motion remained as presented with the location of the meeting to be the Town Hall . The Board voted . The motion passed . Krys Cail Aye Greg Hoffmire Aye Richard Geiger Aye Dave Tyler Aye Peter Demjanec Nay The Board discussed whether it was feasible to meet the 10-day public notification requirement in the ordinance . Dave called for an alternate motion to move the date of the public meeting to Tuesday , September 23 , 1997 at 7 p . m . in the event publication of the notice could not be scheduled in time . Peter Demjanec made the motion. Gregg Hoffmire seconded the motion . Unanimously passed . Krys Cail offered to call anyone who provided their phone number on the sign-in sheet with the confirmed hearing date . The Board reviewed the minutes of 7/31 /97 . Dave expressed appreciation to other Board members for effort put into the 7/31 /97 meeting and review of the application . Questioned page 1 , paragraph 1 , reads ' 45 days ' when ordinance states 40 days . Secretary confirmed the recording stated ' 45 days . ' Corrections were noted . On page 1 , paragraph 2 , Greg Hoffmire called the meeting to order. Delete the second sentence and list Bill Sitzman as a consultant under ` Also present . ' Page 5 , paragraph 1 , change ` rather or no ' to ` whether or not . ' Page 5 , paragraph 10, delete ` to ' after amendment. On page 6, meeting was adjourned at 9 : 21 p . m . Counsel suggested minutes be confirmed by Greg Hoffmire as Acting Chair since secretary transcribing minutes was not present at 7/31 /97 meeting . 2\ Planning Board Minutes, 8/28/97 J 2 Krys Cail made a motion to accept the minutes as amended, seconded by Richard Geiger, passed unanimously . Krys requested discussion of procedural issues . Suggested requesting to have counsel at the Planning Board ' s disposal . The Planning Board will request the Town Board to authorize Chair to retain counsel as his/her discretion. Board will also request to have counsel present for the remainder of the current application since litigation has commenced . Peter suggested the Planning Board also request the Town Board to authorize the Chair to retain other consultants at his/her discretion, a RF engineer was specifically mentioned for the present situation . Board discussed how to assign chair of meeting in absence of Chair. Dave suggested designating Vice Chair. Dave noted his time of Board will be up in December 1998 and suggested having someone take over Chair in 1998 and he would be willing to act as Vice Chair. Board decided to save this discussion for another meeting . Town Board • names the Planning Board Chair. Krys Cail made a motion to adjourn, seconded by Peter Demjanec, passed unanimously . Meeting adjourned at 9 : 30 p . m . Respectfully submitted, Debra Austic, Planning Board Clerk 1