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HomeMy WebLinkAbout1998-02-10 - TB ■ 9 TOWN OF ULYSSES REGULAR TOWN BOARD MEETING FEBRUARY 10, 1998 PRESENT: Supervisor Austic; Councilpeople Carolyn Duddleston, Andrew Hillman, Robert Weatherby, and Peter Penniman; Highway Superintendent James Meeker; Town Clerk Marsha L. Georgia; CEO Alex Rachun . Others Present: County Board Representative Peter Meskill, Ben Curtis, Don Solar George Kennedy, Ann Stover, Meredith Kwiatkowski . Supervisor Austic opened the meeting and lead those assembled to the Pledge of Allegiance to the Flag of the United States of America . ULYSSES CABLE REPRESENTATIVE BEN CURTIS Mr. Austic introduced Ben Curtis. Mr. Curtis reviewed what has been happening with the Tompkins County Intermunicipal Commission and their talks with Time-Warner. Mr. Curtis explained the need to go into formal negotiations that require a professional need ascertainment, financial review, technical review, etc. Mr. Curtis stated that as a practical matter most municipalities in this County could not justify such an expense unless it can spread over all of the municipalities as a shared cost The Commission will continue their discussions with Time-Warner and with the Public Service Commission. Mr. Curtis feels that it is essential, however, that we be fully prepared to enter into formal negotiations if that becomes necessary and to do so as a single consortium representing the best interests of our individual municipalities and the County as a whole. The City of Ithaca with the largest subscribers has a significant interest in cable related issues over and beyond those of many of the other municipalities in the County. The City needs a professional consultant and they are willing to allow the other municipalities to The Board will review and consider the resolution for next months meeting . APPROVAL OF MINUTES: REGULAR BOARD MEETING 01 - 13-98 & SBM 01 - 17-98 Mr. Austic introduced the approval of minutes of the Regular Town Board Meeting of January 13, 1998 and the Special Board Meeting of January 17, 1998. Mr. Penniman corrected 1 / 13/ 98 page 2; -second line from bottom remove not before expired . Also on page 8, line 17 should be accepted not excepted; page 11, 3 C line down should be to add and not ad . Mrs. Duddleston corrected SBM 01 -17-98 page 4. 4th paragraph from bottom change there to their. Mr. Penniman changed page 3 next to last line in statement change of to or. On page 4, 3`d line add made more aware. Page 4 line 17 remove the s from records; page 5 line 3 change it to if and change council to counsel; Page 4 line 20 remove a and add s to think; line 25 change than to then; last paragraph add but before when there. Mr. Hillman corrected 01 - 17-98 page 2, 8th line from bottom should be elector not elective. Town of Ulysses 2 Regular Board Meeting 2- 10-98 Hearing no further changes or corrections Mrs. Duddleston moved seconded by Mr. Penniman the adoption of the minutes. Unanimously approved . APPROVAL OF CLAIMS Mr. Austic asked if there were any questions on the claims. Mr. Hillman asked about the voucher paying Police Officer Wright for the coverage of the two meetings. Mr. Austic explained the reason for that. Hearing no further discussion claims # 17 through #61 for a total of $ 120,002. 59 were moved by Mr. Hillman for payment and seconded by Mrs. Duddleston . Unanimously approved . REPRESENTATIVES REPORTS County Board Representative Peter Meskill reported that the Town of U lysses has been awarded the grant for the landscaping of the Town H all in the amount of $4500. The County has approved the double bunking at the jail and that will give eighteen extra beds. The County did approve a joint operation committee with the State for the future operation of the fire tower. The idea is that will enhance training for all fire departments. A letter will be going out real soon on the sales tax issue. The State is considering removing sales tax on clothing items of $ 100 or less in December of 1999. The letter will show how much loss of revenue this could cause. Mr. Meskill also had checked on the Town using the Ethics Committee of the County and the answer was no. He did give Mr. Penniman a copy of the County's policy. Trumansburg Fire Department Mr. Austic read the report. Other None heard . TOWN REPORTS H ighway Superintendent James Meeker reported that the new truck arrived but had to do some work on the tarp so it would fit into the garage. As of a week or so, salt is on allocation. This should not affect the Town too much . We've had break in the weather and also we should be on the downhill slope of winter. Minor repairs were done to a couple of trucks. Code Enforcement Officer Alex Rachun reported that he has issued three permits and one pending . Mr. Rachun stated that he may be on vacation next week and suggested that the Comprehensive Plan Meeting be set after that. Mr. Penniman will also be gone through Wednesday. The meeting was set for February 25th, 1998 at 7 : 00 PM . Mr. Austic will contact the group. Town Clerk Marsha L. Georgia, reported that for the month of January a total of $945. 50 was collected in fees and of that $735.45 was turned over to the Supervisor along with the monthly report. As for taxes a total of $1, 247,85955 has collected : The Supervisor has been paid in full in the amount of $461, 152.43. The first installments have been turned over to the County with a payment of $ 101, 250 . 72 for the installments and $5062. 64 for the service charges. Also a payment of $675,000 was paid towards the 1998-tax warrant. Town of Ulysses 3 Regular Board Meeting 2- 10-98 Committees and Board Members Mr. Penniman stated that Community Links had met and discussed the Internet. The next meeting will be March 3rd at 7 PM at the High School. There was a joint meeting with SPEAK- UP and Community Links with the main item on the agenda was a preliminary discussion of a community center. People are looking into funding . Supervisor's Financial Report, Limited (Year End Close) Mr. Austic reported that the financial report is limited because he has not totally closed out the books for 1997 and therefore has not started the 1998 books. 97's will be closed out soon. The cash flow and bank statements report was reviewed . OLD BUSINESS Tower Ordinance Discussion, Meeting Dates The Town Board and Planning Board met on February 3'd, 1998 and discussed some changes with the ordinance. Attorney Wilson will be gone for two weeks, starting the twenty-sixth. Mr. Austic did send him a copy of the Duchess County information . A meeting could take place to discuss this further. It was unclear if Attorney Wilson was going to make the revisions available before he left on the twenty-sixth. Mr. Austic will check. Mr. Hillman asked if that there are specific parts of the ordinance that Bruce feels are unenforceable? Would like list of those. Mr. Austic stated that just because they are not enforceable does not mean you want to take them out. Mr. Austic stated that they are the ten - mile ranges, the emissions, the requiring the FCC saying that there is a need, requiring a lease from the property owner. There were a couple of suggestions of different approaches. A date was not set. Mr. Penniman asked if there was any word on the lawsuit. Mr. Austic stated that of 6 : 30 PM tonight we had not been served . Mr. Austic advised everyone not to discuss the lawsuit or any issues relating to it in public. Mr. Penniman said that he agreed to speak with the League of Women Voters on the tower. Mr. Austic repeated what he previously stated on not to discuss. Mr. Hillman asked Mr. Austic to check with Attorney Wilson what would be the proper actions of a board member whose spouse is suing the Town . Mr. Austic stated that it is covered in the ethics policy that to keep confidential information confidential . There is also ethics under Public Officials Law. Mr. Hillman reported that the Federal Communications Commissioner has made some statements recently in public that preemption shouldn't even be considered until wireless industry and local zoning authorities first try and reach a compromise themselves. They further state that the answer here is not for the heavy hand of Federal Government to just roll over local municipal governments Mr. Hillman feels that this is some good news. In general with the Federal Comm . Act of 1996 it seems to be some changing thoughts. Mr. Austic agrees but when we did this application we had to live with the standards that were there. Comprehensive Plan Meeting Dates and Information Previously scheduled for February 25th, 1998 at 7 : 00 PM . Town of Ulysses (i-am Regular Board Meeting 2- 10-98 Ethics Review Board, Discussion and Future Plan Mr. Austic asked Mr. Penniman what he had done with the ethics committee or what if anything has he come up with. Mr. Penniman sated that he had received the guidelines from the County and he will go over that and come back next month with a presentation . Mr. Austic stated that the law states that you can have a ethics review board, go through the ethics review board . But you have to understand the ethics review board can make a decision and say maybe there is a problem. They can advise the Town Board; however, none of those boards can impose any sanctions against any person without a court hearing . Basically the whole situations having another board to tell you what is going on . Mr. Penniman stated that it would not be an advisory board it would be separate. Mr. Austic said than the whole point is that if there're a real ethics question — if the person did not have ethics enough or to withdrawn themselves either way from an ethics board suggestion or from a board decision than it is a court issue regardless. Mr. Penniman feels that the benefit of it is that if you were under advisement by the ethics board not to take a certain action and than you go ahead and do that anyway it would be an invitation to a lawsuit. Other Mr. Austic stated that it has been discussed in the past to do a moratorium on adult entertainment. Mr. Austic moved the following resolution. Whereas, the Town is currently in the process of reviewing and revising its comprehensive zoning plan; and Whereas, the Town has become aware of the need to address adult entertainment establishments in the Town; and Whereas, a careful Town wide zoning review of all the geographic concerns for such a zone and its effect on property values surrounding such a zone must be weighed with the first Amendment obligations of free speech, and in order to thoroughly and thoughtfully give time to the public and the Planning Board and Town Board to review its options and duties; and Now, it is hereby resolved that the Ulysses Town Board set February 23rd, 1998 at 7 :00 PM at the Town Hall 10 Elm St., Trumansburg, NY as a date and time for a public hearing asking for a six- month moratorium on adult entertainment establishments — defined for said hearing as "any establishment or place of business where any person engages in, conducts, operates, carried on or permits to be engaged in, conducted, operated or carried on live performances which are characterized by an emphasis on ' specified anatomical areas' or ' specified sexual activities' or where employees, as part of their employment, regularly expose to patrons 'specified anatomical areas. " And that notice to the County Planning Board pursuant to s239- m of the General Municipal Law be given and notice and publication be given pursuant to law for such hearing and the Town Board will thereafter at public meeting consider a local ordinance for a moratorium to allow the Board timely and through review of a full ordinance during said moratorium . Town of 5 Ulysses ae) y Regular Board Meeting 2- 10-98 Mr. Weatherby seconded the foregoing resolution . Mr. Austic aye Mrs. Duddleston aye Mr. Hillman aye Mr. Penniman aye Mr. Weatherby aye Adopted. NEW BUSINESS Planning Board Appointment to fill Vacancy of Zabawskv Mr. Austic reviewed the applicants that had been received for the Planning Board vacancy. There were seven applications and six were interviewed (the seventh, Mr. Vella pulled his application). Mrs. Duddleston moved seconded by Mr. Weatherby to appoint Paula Harrigan to serve on the Ulysses Planning Board until 12/ 31 / 2002, filling the term left by the resignation of Gail Zabawsky. Mr. Austic aye Mrs. Duddleston aye Mr. Hillman aye Mr. Penniman aye Mr. Weatherby aye Adopted. Mr. Hillman stated that the six candidates that were interviewed were all great candidates, anyone of them would have been an asset to the Planning Board . He personally thanked Mr. Kennedy who was in the audience. Mr. Penniman asked what the recommendation was from the Planning Board. Mr. Austic stated that they had recommended Paula for her landscading experience. This is something they have requested for several years. Mr. Penniman also stated that he liked the idea of replacing a woman with a woman . Discussion of Association of Towns Resolutions The Board reviewed the resolutions to be presented at the Annual Association of Towns Meeting in NYC that Mr. Penniman will attend and vote on. The Board advised Mr. Penniman to vote yes on all eight resolutions. (Copy of resolutions attached ) Discussion of Internet Access, Filing Audit Mr. Austic reported that he has the software to file the Annual Financial Report with the State. You do need Internet access to do this. A company has been contracted called Epix that is with the Trurnansburg Phone Company. The rates are reasonable and you can choose to be on the Internet on an eight hour per month use instead of unlimited use at a lower rate. The general consensus of the Board was to go ahead with this process. Town of Ulysses Regular Board Meeting 2- 10-98 Mr. Weatherby moved seconded by Mr. Hillman to go ahead with the installation of Epix and the single line for the back offices Mr. Austic aye Mrs. Duddleston aye Mr. Hillman aye Mr. Penniman aye Mr. Weatherby aye Adopted . Memorandum from Thomas L. Ferretti, Chief of Police Village of Trumansburq Chief Ferretti is requesting the Boards to legislate prohibited parking at specified locations. He is seeking this for better visibility entering and exiting intersections. The Board discussed this with the Highway Superintendent. Mr. Penniman moved seconded by Mrs. Duddleston the following : RESOLVED that the Town of Ulysses endorse the "prohibited parking in designated locations ( intersections) requested by Chief Thomas Ferretti presented to the Town of Ulysses in a memorandum dated January 29th, 1998. FURTHER RESOLVE that the Town will buy and install the signs that are on their roads. Mr. Austic aye Mrs. Duddleston aye Mr. Hillman aye Mr. Penniman aye Mr. Weatherby aye Adopted . HEARING OF INDIVIDUALS OR GROUPS None heard . CORRESPONDENCE Mr. Austic reviewed the correspondence received from; Festival of Lights Meeting (no one attended ), request from Tompkins County for the EMC recommendation ( Mrs. Georgia will send copy of resolution where the Town recommends Janet Hawkes and the request for a resume to Janet ) ADJOURNMENT Hearing no further business Mr. Weatherby moved seconded by Mrs. Duddleston to adjourn . Hearing no objection meeting adjourned at 9 :45 PM . Respectfully submitted, Marsha L. Georgia