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HomeMy WebLinkAbout1998-01-17 - TB TOWN OF ULYSSES SPECIAL TOWN BOARD MEETING JANUARY 17114 , 1998 PRESENT : Supervisor Austic ; Councilpeople Andrew Hillman, Carolyn Duddleston, Peter Penniman and Robert Weatherby; Town Clerk Marsha L. Georgia. Supervisor Austic called the meeting to order at 9: 00 AM and introduced the Budget Modifications for 1997 as follows: A FUND Increase 1010 . 4 $ 8617 Increase 1110. 4 1611 . 59 Increase 1220 . 4 81 . 86 Increase 1410 . 4 360 . 80 Increase 1420 . 4 3185 . 76 Increase 1620 . 4 2796 . 69 Increase 1670 . 4 1329 . 75 Increase 1920 . 4 40 . 00 Increase 7450 . 4 15 . 00 Increase 8880 . 23 404 . 09 Increase 8889 . 25 9756 . 88 Increase 9030 . 8 160 . 37 Increase 5132 . 4 317 . 84 Decrease 1110 . 12 1768 . 54 Decrease 1220 . 1 81 . 86 Decrease 1410. 11 99 . 87 Decrease 1450 . 4 1241 . 79 Decrease 1910 . 4 12311 Decrease 5010 . 4 470 . 00 Decrease 5182 . 4 407 . 76 Decrease 9010 . 8 1879 . 68 Decrease 9040 . 8 416 . 75 Decrease 9055 . 8 45 . 20 Decrease 9060. 8 820 . 49 Decrease 1110 . 1 145 . 83 Decrease 1620 . 1 43 . 00 Decrease 1620 . 2 27 . 74 B FUND Increase 8010 . 4 11 . 42 increase 8020. 4 360 . 78 Decrease 8020 . 1 372 . 20 ENCUMBER $250/300 TO COMPLETE BUILDING DEPARTMENT OFFICE DA FUND Increase 5130 . 1 6091 . 51. Decrease 5142 . 1 6091 . 51 DB FUND Increase 5110 . 1 6576 . 98 Decrease 5112 . 2 65 76 . 98 I c3 2 Mrs. Duddleston moved seconded by Mr. Penniman to approve the foregoing budget modifications for 1997 . Mr. Austic aye Mr. Hillman. aye Mrs. Duddleston aye Mr. Penniman aye Mr. Weatherby aye Adopted . Mr. Austic introduced a memo that he received last night from the Planning Board Members in support of Attorney Bruce Wilson . (Attached) Mr. Hillman expressed his concerns about the Town Attorney in regards to his advice on the reappointment of Gregg Hoffmire on the Planning Board. Mr. Hillman' s opinion is that it was wrong advice because he feels that the Board of Election feels that he is not an elective of the Town of Ulysses. Mr. Hillman feels that this may expose the town to possible litigation. The other thing is that the Attorney prepared a resolution for the Zoning Board of Appeals that he feels has misrepresentation of the facts. Mr. Hillman feels that it is a public document and would like to discuss it. Mr. Austic stated that he feels that before Mr. Hillman goes any further on discussions of the Town Attorney that he holds it until the Board is in executive session under personal matter with Mr. Wilson. That any discussion about an employee or an officer is entitled to executive session. Mr. Austic feels that this document is not a public document until it has gone through the board that has dealt with it . That document in question is a working document that was given to the Zoning Board. Supervisor Austic stated that he would like to read into the record the following statement : AS TOWN OF ULYSSES SUPERVISOR, I WOULD LIKE TO STATE FOR THE RECORD THAT ANY STATEMENTS BY BOARD MEMBER HILLMAN, RELATING TO THE FRONTIER CELLULAR ISSUE IN GENERAL DO NOT REFLECT MY OWN OPINIONS , SPECIFICALLY ANY STATEMENTS MADE BY MR. HILLMAN AT THE BZA HEARING ON 1131198 , ` AS A BOARD MEMBER' IN REGARDS TO ATTORNEY WILSON' S REAPPOINTMENT, DEFINITELY DO NOT REFLECT MY OPINIONS ON THE REAPPOINTMENT OF MR. WILSON. NEITHER DO I FEEL THAT MR. HILLMAN' S STATEMENTS AT THIS MEETING REFLECT THE CONSENSUS OPINION OF THE BOARD AS A WHOLE . FURTHERMORE, I FEEL THAT MR. HILLMAN HAS CLEARLY DEMONSTRATED DURING PUBLIC MEETINGS THAT HE HAS A DEFINITE PRIVATE CONFLICT OF INTEREST INVOLVING THE FRONTIER APPLICATION AND TOWER SITING, AND AS INDICATED IN THE ULYSSES ETHICS POLICY HE SHOULD PUBLICLY SO STATE . RECUSING HIMSELF FROM ANY FUTURE VOTE ON MATTERS INVOLVING THE FRONTIER CELLULAR APPLICATION AND SITING WHICH MAY COME BEFORE THIS BOARD WOULD BE PROPER PROCEDURE . ANY BOARD MEMBER OF OFFICER OF THE TOWN WHO WISHES TO ADD THEIR NAMES TO THIS STATEMENT ARE WELCOME TO DO SO. Mrs. Duddleston stated that she would like her name added to that statement . That any place there is I replace it with we . Mr. Penniman stated that he agrees in general, but would not support this exact wording. That he would like to say that his vote against Mr . Wilson' s reappointment had nothing to do with this issue . Mr. Weatherby also would like his name added to this statement . Mrs. Duddleston asked where this statement is going to go . Mr. Austic replied that it would go on record. Mrs. 3 l � Duddleston stated that since it is a public statement that it should go public and be put in to the town ' s papers in its entirety. Mr. Austic moved seconded by Mr. Weatherby to adjourn to executive session to discuss a personal matter of reappointment of Mr. Wilson . Mr. Penniman stated that before the vote he has a general question for Mr. Wilson, " In general would you explain the extent that the Planning Board should consider State and Federal Laws as to opposed to Local Law. " Mr. Wilson stated that any local law or ordinance is subject to both the Federal Law and State Law. Mr. Penniman feels that in the future the public should be more aware of procedures. Mr. Hillman asked if going into executive session to discuss appointment of Town Attorney was a legal issue to go into executive session . The answer was yes. Mr. Austic sated that there is a motion on the floor. Mr. Austic aye Mr. Hillman aye Mrs. Duddleston aye Mr. Penniman aye Mr. Weatherby aye Adopted . Adjourned to executive session 9 : 30 AM. Meeting reconvened at 10 : 10 AM. Mr. Penniman wanted to follow up with a question in general, "Is there a way to improve the process explaining legal issues that people get"? He feels that there may be conflict with the need for the public to know and executive sessions. Maybe there are cases where the benefit to protect the records may out weigh the negative. He feels that maybe in some cases the protecting of the record is in excess . One way he has thought about doing that is to have the attorney attend the meetings to help sort out things . Mr. Austic said I think that what Mr. Penniman is saying is that it is the responsibility of the Town Board to inform the people of the situation of the Zoning Board and/or Planning Board . Mr. Austic went on to state that these two Boards are independent Boards of the Town Board, that they make decisions based on requirements . In a normal situation, standard procedure of the Planning Board is to sit, listen to public hearings and all the information that they obtain . Than sit down basically in a judicial frame of mind and make a decision based on the facts . It is not probably there place to be basing opinions during the public hearing process because it than may conflict interest in their decision . They should sit and listen and when it comes to the final decision, than they can make commends that they want to make . For the Town Board to presume what the Planning Board is doing and what they are thinking is probably not appropriate. Mr. Austic thinks maybe a way to handle this is to put questions in writing and submit them and we will get answers for them. Mr. Wilson stated that there is no problems answering questions when there is litigation going on or the possibility of litigation then you have to be careful . Mrs. Duddleston stated that she did not feel it necessary to have the attorney at every meeting. When a problem or question comes up we can get hold of you . If an issue comes up we do not vote until legal opinions are gotten . Mr. Austic feels that a two person liaison committee with Mr. Wilson and the Board so that these two people can have a meeting with Mr. Wilson before the Boards Meeting to let him know what is being discussed and ask it that would be an issue that council would be needed for and that way prior to the Board Meeting it could be decided whether or not to have him present . Mr. Penniman felt that it could work . 1L'\ 4 Mrs . Duddleston moved seconded by Mr. Penniman to establish a liaison with the Attorney for the Town being Supervisor Austic and Councilwoman Duddleston to determine it may be necessary to attend a meeting. Mr. Austic aye Mr. Hillman aye Mrs. Duddleston aye Mr. Penniman aye Mr. Weatherby aye Adopted. Mrs . Duddleston moved seconded by Mr. Penniman the following: Resolved that the Town Board of the Town of Ulysses appoints Mr. Bruce Wilson to serve as the Attorney for the Town of Ulysses. Mr. Hillman commented on the letter from the Planning Board Members of January 16th, 1998 . He feels that it puts Mr. Wilson in very good light and he thinks that it is a very supportive letter and it carries a lot of weight with him . However, as I stated earlier in regards to the other information re: Gregg Hoffmire and the pre-written resolution he would not be able to vote in favor of his appointment . Hearing no other comments the vote was taken. Mr. Austic aye Mr. Hillman nay Mrs. Duddleston aye Mr. Weatherby aye Mr. Penniman aye Adopted . Mr. Vella is due in for interviewing for the Planning Board vacancy. Mr. Austic feels that the appointment to the Planning Board could be done at the next Regular Town Board Meeting on February 12th . Mr. Hillman stated that he would like to put one thing on the record . The Code of Ethics page three section five states that the Supervisor shall cause a copy of the ethics policy to every officer and employee of the Town within sixty days after the effective date of this resolution. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment . Mr. Hillman stated that he only received this today and really wished he had gotten this before. Mrs . Georgia stated that was her error. Mrs . Duddleston asked about the increasing of the dog fines for repeated offenders. Mrs. Georgia stated that this covered in NYS Law. Judge Rector asked for this to be looked into . Hearing no further business Mrs . Duddleston moved seconded by Mr. Weatherby to adjourn the meeting. Hearing no objection the meeting adjourned at 10 : 30 PM. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG: mg