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HomeMy WebLinkAbout1998-12-22-TB \Pq-\ JOINT MEETING TOWN OF ULYSSES 1/ TOWN OF ENFIELD DECEMBER 22, 1998 PRESENT : ULYSSES'S Supervisor Douglas Austic; Councilpeople Carolyn Duddleston , Peter Penniman, and Robert Weatherby; Councilman Andrew Hillman absent. ENFIELD Supervisor Jean Owens; Councilman Gary Fisher, Greg Stevenson and Tom Drew, Councilman Lovelace absent; Attorney Bruce Wilson . Others Present : County Representative Peter Meskill, Tom Reitz, Enfield Town Highway Superintendent Ronald Updike, David Owens, and Enfield Democratic Committee Member Jane Murphy . Supervisor Austic stated that they would be following the rules of the County Charter to join together with the Town of Enfield to appoint a replacement for the County Board of Representatives . Councilman Peter Penniman handed his letter of resignation to Marsha L . Georgia, Town Clerk, resigning from the Ulysses Town Board effective immediately . Mrs . Georgia excepted his resignation . Mr. Austic called the Ulysses Board to order and asked for a motion to go into joint session with the Town of Enfield . Mrs . Duddleston moved seconded by Mr. Weatherby the following ; RESOLVED that the Town Board of the Town of Ulysses agrees to go into joint session with the Town of Enfield . Mr . Austic aye Mrs . Duddleston aye Mr. Weatherby aye Adopted . Supervisor Owens called the Enfield Board to order and asked for a motion to go into joint session with the Town of Ulysses . Mr. Drew moved seconded by Mr. Fisher the following ; RESOLVED that the Town Board of the Town of Enfield agrees to go into joint session with the Town of Ulysses . Mrs . Owens aye Mr . Fisher aye Mr. Stevenson aye Mr. Drew aye Adopted . Mr. Austic stated , unless anyone objects, being that the Town of Ulysses is the most populous in the district, he will run the meeting . No objections heard . He has a couple of issues that were previously brought up prior to this meeting . According to the County Charter the Towns are suppose to have this meeting and decide within thirty days of the notice of said vacancy . Notice was received from the County Board Clerk on December 7th, 1998 . The County Charter states that a candidate is appointed on the basis of the majority vote of the combined boards present. The Ulysses' Attorney has looked up some information and Mr . Towns of Ulysses / Enfield 2 Joint Meeting \� 12 -22-98 Austic will have him explain this in a minute . Second question was whether or not a person who is presently sitting on either board would have to resign prior to being appointed . Mr. Wilson stated that the three issues to be addressed were whether the town board member has to resign to be a candidate to be nominated for appointed . The other was if it requires a majority of both boards . This is an interpretive question . There is not a lot of law on it. It is not a majority of the combined boards . It is unclear in the County Charter. It says that the vote of the combined membership of the two boards of the towns of the said district. The question is what's a majority — it has to be a majority of both boards, five members of each board, so a majority of ten would be required or a total of six votes . So it does not matter how many people are here it would have to be a vote of six in the affirmative to pass a resolution. The second question is does it require a majority of each town board or of the combined boards . It is unclear from the County Charter . It says to assemble collectively for the purpose of filling the vacancy. It is unclear if it means any six of the combined ten or whether it requires three meaning the majority of each board . The safest option is to require a majority of each board . Mr. Austic asked than - the question is should we be conservative on this vote or should we go with the majority of who is here? Mr. Austic asked if he hears a motion or some kind or discussion on this to which way. He does not have a problem with the three and three if that is the way you want to do it. Mr. Drew moved seconded by Mrs . Duddleston the following ; RESOLVED that the Town of Enfield and the Town of Ulysses requires having three members of each board to vote affirmative to appoint a candidate to fill Mr. Meskill's seat on the County Board of Representatives . Mr. Austic stated a motion has been made and seconded that when a vote is taken that a decision will be made on a vote of three, the majority of each board, three and three . Mr. Austic asked if there was any further discussion . Mr. Fisher asked if there is any precedence set with previous appointments in Tompkins County? Mr. Wilson stated he is not aware of any. Hearing no further discussion the vote was taken . Mr. Austic aye Mrs . Duddleston aye Mr. Weatherby aye Mr. Fisher aye Mr. Stevenson aye Mrs . Owens aye Mr. Drew aye Adopted . Mr. Wilson stated that for the record the resignation of Councilman Penniman was received before the vote . Mr. Austic stated that as far as nominations — nominations will come from the combined boards . If there are more than one nomination they will vote on the nominations in the order they come. He asked if there were any questions to Towns of Ulysses / Enfield 3 3k) Joint Meeting 12-22-98 that? He asked if anyone had a problem with that. No one had a problem or question . Unanimously approved of this process . Mr. Austic stated that before they proceed he would ask if anyone objects to comments from the public on this matter? Mrs . Duddleston stated that she would welcome comments . Mr. Austic asked if anyone had any comments? Mr. Meskill stated that he is not sure how many candidates there are but he would strongly urge the Boards to appoint Peter Penniman to the County Board to replace his seat. Peter has experience in County government and knows how it works which will prove beneficial to both Towns . This way he can get going right away versus having to learn everything all over again . He also has worked with many of the other Board members in the past . Mr. Reitz commented that he has worked the last three or four years with Peter and he would urge the Board to appoint him to the office of County Representative . He feels that he has a grasp on the workings of the County government as a whole and supports his appointment. Mrs . Duddleston moved seconded by Mr. Weatherby to nominate Peter Penniman for the appointment to the Tompkins County Board of Representatives, to fill the vacancy left by Peter Meskill's resignation . Mr . Fisher moved seconded by Mr. Drew to nominate Joseph Schehr for the appointment to the Tompkins County Board of Representatives, to fill the vacancy left by Peter Meskill 's resignation . Mr . Austic stated that a vote would be taken on the order of the nominations received as previously agreed to . Mr . Fisher stated that he has one question that borders on ethical and is troubling to him . He stated that he has not consulted a lawyer or anyone else but he does have an issue that is somewhat troubling to him about one of the candidates . Mr. Austic asked if he wanted to adjourn to executive session to discuss this . Mr . Fisher stated that he would like to discuss it with the combined boards . Attorney Wilson stated that it will take a vote of both the Boards to go into executive session on personnel matter . Mrs . Duddleston moved seconded by Mr . Fisher to adjourn to executive session to discuss a personnel matter . Mr . Austic aye Mrs . Duddleston aye Mr . Weatherby aye Mr . Fisher aye Mr . Stevenson aye Mrs . Owens aye Mr. Drew aye Adopted . Boards adjourned to executive session at 7 : 55 PM . Towns of Ulysses / Enfield v 4 Joint Meeting 12-22 -98 EXECUTIVE SESSION Mr. Fisher had a question in regards to the mailing of personal matter from Peter Penniman . It was pointed out to the Boards that this may not be a personnel matter due to the fact that Peter Penniman would not be an employee of the Towns but rather be an employee of the County. Mrs . Duddleston moved seconded by Mr. Weatherby go adjourn the executive session and go back to the regular meeting to discuss this matter in public . Unanimously approved . Adjourned meeting 7 : 58 PM . REGULAR MEETING Mr. Austic called the meeting back to order and turned the floor over to Mr. Fisher who has a question of Peter. Mr. Fisher stated that he has received a letter from Peter Penniman concerning the appointment to a political office . What concerns him about this is the fact that it came in his company's envelope, which he assumes he takes business deductions for and as far as he knows that is not legal and he has some ethical questions concerning that. Mr. Penniman responded to say that he does have a home business and he buys supplies in large quantities . He has been a Town Board member, he has personal business, and he has his property management business that he all essential conducts from his home . He does not deduct the full cost of postage or supplies from his business taxes . He uses the business envelopes, as a convenience because he buys them in such large quantities and it does advertise his business, which he feels, should not be a problem . Mr. Fisher stated that he was troubled the way it came and he does not know if he is still not somewhat troubled by it. Mr. Austic stated that there is no way to resolve this . Mr. Fisher understands that and he realizes that it is not going to be resolved here but he felt that it should be brought up . Mr. Weatherby asked Peter if he is aware of the time commitment. Mr. Penniman stated that he has spoke with Peter Meskill and he was aware of the huge time commitment of Board members when he worked on staff previously for the County . He is able to re-arrange his schedule and get more help in his office so that he can spend the time and make a real commitment to put in the time he thinks is necessary to be an active Board member and understand the issues of the County . Mr. Austic stated that unfortunately Joe is not here so if the board's wish to ask him questions we would have to adjourn and arrange another meeting . Mr. Penniman commented on that and stated that the Democratic Party had a meeting of Ulysses and Enfield and both ,he and Joe spoke . There were questions and answers than a vote and the Democratic Party voted to endorse Mr. Penniman and Mr. Schehr stated that he was going to support Peter and withdraw his intention . C6 Towns of Ulysses / Enfield �� Joint Meeting 12-22-98 Jane Murphy, Committee Member of the Democratic Party stated that they did vote to endorse Peter Penniman and Joe Schehr has withdrawn to her knowledge . Mr. Austic stated that he had not received anything in writing from Mr. Schehr. The general consensus of the boards was to continue . Mr. Austic stated that two nominations are on the floor and they will be voted in the manner that they were received . RESOLVED that the nomination of Peter Penniman has been dully received, NOW THEREFORE BE IT RESOLVED that the Town Boards of the Town of Ulysses and the Town of Enfield do hereby appoint Peter Penniman of 3391 Halseyville Road, Trumansburg , NY, to replace Peter Meskill on the County Board of Representatives to take office on January 1st, 1999 . Roll Call Vote Mr. Fisher nay Mr. Stevenson aye Mrs . Owens aye Mr . Drew aye Mr . Weatherby aye Mrs . Duddleston aye Mr . Austic aye Adopted . Having received three aye votes from each Town Board the second nomination becomes a mood issue and Mr. Penniman has been appointed by joint resolution by both Town Boards . A certified resolution will be mailed to the County Board of Representatives and the Tompkins County Board of Elections . Hearing no further business Mr. Stevenson moved seconded by Mr. Drew to adjourn the meeting . Unanimously approved . Meeting adjourned at 8 : 15 PM . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mg