Loading...
HomeMy WebLinkAbout1998-04-30 - TB SPECIAL TOWN BOARD MEETING APRIL 30, 1998 PRESENT: Supervisor Douglas Austic; Councilpeople Carolyn Duddleston, Andrew Hillman, Robert Weatherby and Peter Penniman ; Attorney Bruce Wilson ; Town Clerk Marsha L. Georgia Supervisor Austic called the meeting to order. Mr. Austic moved second by Mr. Penniman to adjourn to executive session to discuss a personnel matter. Mr. Austic aye Mrs. Duddleston aye Mr. Hillman aye Mr. Penniman aye Mr. Weatherby aye Adjourned to executive session at 6 : 45 PM. Special Meeting Reconvened at 7 :35 PM. Mr. Penniman moved, seconded by Mrs. Duddleston the following: WHEREAS Bruce Wilson, the Attorney for the Town reviewed the opinion of the Attorney General and his own opinion previously given to the Board that a judge may not be the clerk for the other judge. If a judge is their own clerk, they can be paid commensurate with their duties, but it would be a flat salary as judge and not a separate position for being their own clerk. (Opinions attached) WHEREAS the Town Board of the Town of Ulysses has been advised by Attorney Bruce Wilson that it is improper for a Judge to hire him or herself for compensation as clerk. RESOLVED that the Town Board of the Town of Ulysses did establish the salary for each Justice at $ 10400. The $9479 is budgeted for each Judge to hire their own clerk. There are no budgetary charges just that neither Judge can hire themselves as clerk and be compensated. Mr. Austic aye Mrs. Duddleston aye Mr. Hillman aye Mr. Penniman aye Mr. Weatherby aye Adopted . Supervisor Austic asked the Board members if they would like him to pursue the case of the unemployment for Christine Springer as previously discussed in executive session ? He would have to notify NYS Department of Labor of the Town ' s intention within 30 days. This would be to request a hearing before an administrative law judge to contest the claim and their determination that she is eligible for unemployment benefits. 2 Mrs. Duddleston moved second by Mr. Weatherby the following: RESOLVED that the Town Board of the Town of Ulysses authorizes the Town Supervisor to request a hearing with the NYS Department of Labor to appeal the application of Unemployment Benefits to Christine Springer. Mr. Austic aye Mrs. Duddleston aye Mr. Hillman aye Mr. Penniman aye Mr. Weatherby aye Adopted. Mr. Austic commented to the Board that the Master Plan Committee had discussed a moratorium on issuing building permits for new construction within the areas on the Zoning Map designated as Inset 5 &6. The reason they felt this was due to the fact that in the comprehensive plan these two areas will revert back to residential. Mr. Austic introduced a resolution for the board ' s consideration on a moratorium, if the Board so wished to pursue this issue, as follows. A Local Zoning Ordinance providing for a moratorium for the issuance of building permits for business purposes for a period of 180 days in designated business zones. Be it enacted by the Town Board of Ulysses as follows : WHEREAS the Town is currently finishing its comprehensive plan for the Town pursuant to Town Law S272-a; and WHEREAS the Town upon completion will consider re-zoning the Town pursuant to said comprehensive plan and Town Law S263; and WHEREAS the Comprehensive Plan Committee is considering re-zoning certain areas currently zoned as business districts under Article IV Section 3 of the Town Zoning Ordinance to residential; and WHEREAS it is in the interest of the Town in order to accomplish its planning goals to avoid excessive business development in the areas designated to change from business to residential use prior to full enactment of the comprehensive plan and re- zoning so as not to defeat the purposes in re-zoning by having excessive development solely to grandfather the usage prior to enactment of the new zoning ordinance; and WHEREAS the Town expects to have its comprehensive plan a re-zoning in place in 6 months. WHEREAS public notice by publication has been duly given of a public hearing relative to a moratorium for this purpose and a public hearing held ; and WHEREAS the Tompkins County Planning Board having issued a timely review pursuant to S239- 1 and m of the New York General Obligation Law and found no significant deleterious impact, and stated the Town Board was free to so act; NOW THEREFORE to further the interests in maintaining the status quo as to actual development pending adoption of a new zoning ordinance the Town Board hereby enacts a six- month moratorium effective pursuant to law, to bar the issuance of building permits by the Town in the areas set forth below as to the business use of properties set forth under Article IV Section 3; The properties so effected are as follow : Insert description of Inset 5&6 3 1-1 � And it hereby prohibited for a period of 180 days from the date of enactment of this ordinance to have any town official accept for filing any application for a building permit for a business district use within said areas designated and the Town Board of Zoning Appeals and Town Planning Board shall not grant any approvals, preliminary or final, for and site plan or subdivision relating thereto or special approval or special permit, variance or other permission for same. The Building Code and Zoning Enforcement Officer shall not issue any building or other permit for any construction or use related to it that would result in a business use in the areas designated. The Town may enforce this moratorium by any lawful means under New York Law including the Town Law and existing Town Zoning Ordinance. The local ordinance shall take effect upon adoption and publication of a summary here of as provided by law. The Board' s unanimous opinion was to pursue the moratorium. Mr. A.ustic will check with the Master Plan Committee and see what lead-time they may need to finish up the comprehensive plan and then decide a date for a public hearing. Mr. Weatherby stated that he would like any existing business in these two areas to be able to have a building permit if they needed to do any renovations within this 180 process. Hearing no further business Mr. Hillman moved seconded by Mr. Penniman to adjourn. Meeting adjourned. Respectfully submitted, Marsha L. Georgia ..