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Home My WebLink About2011-03-22-STB Special TB Meeting 1 March 22 , 2011 Town of Ulysses Special Town Board Meeting March 22 , 2011 Present : Supervisor Roxanne Marino ; Councilpersons David Kerness, Kevin Romer, Elizabeth Thomas and Lucia Tyler; Town Clerk Marsha L. Georgia; Deputy Supervisor Sue Poelvoorde ; Attorney Mariette Geldenhuys . Others Present : Ken Zeserson, Chairman Planning Board ; John Wertis, Planning Board Member; Don Smith, Chuck Hooper, Anne Koreman, Carolyn Kreisler, Robert Oswald, Marcia Skalnik, Brian Gold, Judy Abrams, Diane Farnham, Jane Penrose, Sandra Steingraber, Mary Bouchard, and Michael Dineen . Supervisor Marino called the meeting to order at 6 : 30 p . m . and reviewed items for discussion : • Legal Aspects of Community Environmental Defense Council (CEDC) proposed zoning law amendment • Conflict of interest/recusal issues • Possible Joint meeting with Planning Board • Resolution from March 16`h meeting • Schedule Meetings Ms . Marino informed the Town Board that Justice Schlee received notification that the Town of Ulysses Court was successful in their submission for a Justice Court Assistance Program (JCAP) Grant. The Ulysses Court will receive $ 13 ,000, $ 570 of which will go towards the new telephone auto-attendant system . Ms . Marino distributed information on the State Environmental Quality Review (SEQR) process covering the steps following the release of a draft EIS and discussed this briefly. Attorney Discussion about Conflict of Interest / Recusal Issues Ms . Geldenhuys reviewed, in more detail, the information she emailed to the Town Board on March 12 , 2011 , covering the conflict of interest and recusal issues related to the Town Board ' s request to the Planning Board to review and provide direction on the High Impact Industrial and Mixed Use and Office Technology zoning language provided by the CEDC . She also emailed an opinion from the Office of the Attorney General with some examples of case laws that she reviewed . After Ms . Geldenhuys finished with her review, Ms . Marino introduced the resolution that was passed at the March 16, 2011 , meeting where only three board members were present and thought it would be a reasonable request to move the resolution tonight and have the entire Town Board vote on it. Ms . Marino moved, seconded by Mr. Kerness the following resolution : In light of the ongoing research by the Town Attorney on the question of potential conflict of interest of some members of the Planning Board as related to phase 1 zoning changes as outlined in the Town Board resolution adopted Jan. 25 , 2011 ; The Town Board hereby instructs the Planning Board not to review or discuss any portion of the CEDC document presented to the Town Board on Feb . 8 , 2011 , beyond page 20, or that addresses any aspect of high impact industrial zoning. This action amends the Town Board resolution adopted March 1 , 2011 entitled "Planning Board request to review high impact industrial and office technology & mixed use zoning law". Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Romer aye Special TB Meeting 2 March 22 , 2011 Mr. Kerness aye Adopted Memorandum on Proposed Zoning Changes Ms . Geldenhuys reviewed the memorandum she emailed on March 13 , 2011 , addressing issues related to the proposed amendment of the Zoning Law before the Town Board at this time . The issues presented to Ms . Geldenhuys and addressed in the document are as follows : A. Does the Town Board have the legal authority to amend the Zoning Law of the Town to prohibit high- impact industrial uses? B . Does the Town have the legal authority to create an administrative appeal process to address claims that the prohibition of high- impact industrial uses effect a taking of property or results in violation of federal or state substantive due process or equal protection requirements? C. What are the potential practical and fiscal implications for the Town if legal action is brought against the Town, contesting its authority to enact the above-mentioned provisions or claiming damages as a result thereof? D. Does the Town provide legal defense and indemnification of Town employees and officials if legal action is brought against them personally? E. Issues that require further research 1 . Whether the proposed ban on high-impact industrial use effects a taking of property under the State or Federal constitutions 2 . The nature and extent of insurance coverage for potential claims against the Town 3 . Detailed analysis of language of statute 4 . The requirements for a Moratorium Ms. Geldenhuys reviewed each issue. A member of public in attendance asked if Ms . Geldenhuys ' s document could be shared with the public . The Board and attorney felt that if residents would like to review this document they could request a copy from the Town Clerk. Resolution Introduced March 16, 2011 Ms . Thomas moved, seconded by Ms . Marino the following : Resolution to Set High Impact Industrial (HII) And Mixed Use Office and Technology (MUOT) Zoning Law Changes as a Top Priority WHEREAS at the January 25 `h meeting, the Ulysses Town Board passed a resolution titled Time Line for Revisions of the 2007 Zoning Law which outlines a three-phase plan for considering the many proposed changes to the Town ' s current zoning laws in order to bring them in line with the 2009 Town of Ulysses Comprehensive Plan (see adopted outline below) , and Special TB Meeting 3 March 22, 2011 WHEREAS the first phase includes improving definitions of light and heavy industry to include environmental parameters and consider an explicit ban of heavy industrial activities Town-wide as well as other activities that dovetail with these zoning changes, and WHEREAS the Town Board voted in supermajority to "accept the proposed timeline to use as a work plan to move forward with the revisions of the 2007 Zoning Law". THEREFORE BE IT RESOLVED that the Town Board reaffirms that the zoning changes as outlined in Phase I are the highest priority and the Town Board will work to the best of its ability to amend the Ulysses Zoning Law to include definitions of High Impact Industrial Use and Mixed Use Office and Technology in the time frame outlined in the Resolution of January • 25 , 2011 titled Time Line for Revisions of the 2007 Zoning Law. BE IT ALSO RESOLVED that the Town Board acknowledges it must simultaneously adhere to its duties as spelled out in applicable New York State laws and address topics of concern to the Town or Town residents as the law prescribes and in a timely manner. Mr. Kerness offered a friendly amendment to the resolution that Ms . Thomas did not except . The Vote was called. Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Romer aye Mr. Kerness abstained Adopted Joint Meeting with Planning Board Ms . Marino suggested that the Town Board join the Planning Board at their next scheduled on April 6th to discuss and agree on the Comprehensive Plan intent for the mixed use office and technology zone because there had been some questions raised by the Planning Board at their last meeting. The Town Board members available on this date will join the Planning Board . Ms . Marino also said that Darby Kiley (recently hired by Tompkins County Planning) has some time to help Ulysses with the High Impact Industrial component of the Zoning Law change . If the Planning Board, Town Board and Mr. Rachun could compile any questions they have on pages 21 through 32 of the proposed Zoning Law changes she could work on them . Meeting Schedules Ms . Marino reviewed the dates and times of the upcoming meetings : • April 6th Planning Board meeting @ 7 : 00 p . m . • April 12th Regular Town Board meeting @ 7 : 00 p .m . • April 20th Special Town Board meeting @ 9 : 00 am . • April 27th Special Town Board meeting @ 6 : 30 p . m . Public Comments Michael Dineen suggested joining with other towns to help defray the cost of possible litigation. Ann Koreman stated she did not want to see wind farms zoned out under heavy industry. Sandra Steingraber thanked the Town Board for addressing the heavy industry issue . Executive Session Ms . Marino moved, seconded by Mr. Kerness the following : • Special TB Meeting 4 March 22 , 2011 BE IT RESOLVED that the Town Board of the Town of Ulysses go into Executive Session to discuss matters related to the appointment, promotion, demotion, discipline, or removal of particular personnel . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Romer aye Mr. Kerness aye Adopted The Town Board adjourned to Executive Session at 9 : 16 p . m . (Note : Ms . Thomas did not join the Executive Session .) The Town Board meeting reconvened at 9 : 40 p .m . Ms . Marino moved, seconded by Mr. Romer the following : BE IT RESOLVED that the Town Board of the Town of Ulysses introduced Local Law # 1 for 2011 entitled "A Local Law to Establish the Position of Second Deputy Supervisor" and set a public hearing for April 12 , 2011 , at 6 : 45 p . m . Ms . Marino aye Ms . Tyler aye Mr. Romer aye Mr. Kerness aye Adopted Ms . Marino moved, seconded by Mr. Romer to adjourn the meeting. Unanimously approved and meeting adjourned at 9 : 45 p . m . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mlg