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HomeMy WebLinkAbout1986-09-03 TOWN OF ENFIELD R.D. #5 ITHACA. N.Y. 14850 September 3, 1986 The Regular Meeting of the Enfield Town Board was held on the above date with all members present. Pledge of Allegiance Presentation by Mr. Carl Hinkle - Atlantic-Inland, Inc. Supervisor Gray introduced Mr. Carl Hinkle and told that we are now using New York Underwriters and we are considering co-naming other inspectors. Mr. Hinkle gave some personal background on himself and stated that sometimes code inspections can be a problem in small towns. His agency now does both building code inspections and electrical inspections. Mr. Hinkle's feeling that co-use of 2 agencies no problem, also feels that resolutions. sometime due to wording cause problem and can create a monopoly. Supervisor Gray stated we are only considering electrical inspections. • Mr. Hinkle stated that some building inspectors felt it less cumbersome to use only one. Supervisor Gray asked Mr. Hinkle if they are a profit organization. Mr. Hinkle replied they were. Supervisor Gray also asked about who carries the liability insurance. Mr. Hinkle stated their's would cover the town. Councilman Linton asked Mr. Hinkle if he was willing to accept designation as one of our agencies and Mr. Hinkle replied they would. Councilman Linton advised that our resolution was adopted to review by the board and use more than one if necessary. Further discussion held about fee schedule, 'telephone service and location of inspectors, and other agencies - 2 others named - Middle Dept. Electrical Inspection Agency and Mid-Atlantic Electrical Agency, both out of Pennsylvania. Privilege of the Floor Robert Arnold - spoke of the bad road conditions on Colegrove and Gray roads - stated he can't go over 8 mph with his machinery and nothing has been done in 2 years. Discussion held between Mr. Arnold and Highway Superintendant Carleton Thall. Mr. Thall will go down and check roads tomorrow. Mr. Arnold feels it is getting ridiculous nothing being done. Page Two Lee Haefele - advised the board that he was exempt from the ordinance as a communication company, so the issue is settled on his account.was worried about having inclusive appointment with worst ones. Councilman Linton - intention to have more than one - code inspector gave authority without proper procedure. Supervisor Gray question Mr. Haefele on the problem with Mr. Morris. Mr. Haefele stated that the inspection has been done but not the hook-up. Supervisor Gray - board does not have to take any action to pacify this complaint. Lee Haefele - Line extension project by Hayts and Vandorn - would like to do but Hillendale will sue if done they way its planned. - If "run by them 4/10 of a mile further - 26 pre signed subscribers. -never built with less that 12 subscribers per mile before. -Hillendale's lawyer called Haefele's office this am about suing. -Haefele does not want to continue -not likely to get toll free service number - people can call collect - will send out flyers. Clarence Maxwell addressed the board about the Hillendale project for cable hook-up. Mr. Maxwell canvassed the neighborhood and received 20 deposits and turned them over to Bob Joseph, who in turn turned in • 29 deposits - Hillendale considered as two hook-ups. -Mr. Maxwell got involved in the project because of Hillendale and did so with the understanding that in 5 to 8 weeks it would be done. Discussion held with Mr. Haefele and Darlene from Hillendale - Darlene stated they will pursue legally if not done by original project that was set up.- agreed to do from Applegate Road. Darlene also stated they would not have project originally if not for Hillendale. Mr. Maxwell - would not have got involved if not for Hillendale - came to meeting to support Darlene as he will get cable no matter which way it comes in. Mr. Haefele - does not have sufficient numbers to cover. Mr. Maxwell - concerned that it should be done they way originally stated. Mr. Haefele - 12 hook-ups per mile he would break even - 11 would be a loss. Darlene - project iniated with Hillendale - will contact attorneys. Councilman Linton wants to ask question- Supervisor Gray called him out of order as we are in privelege of the floor. Mr. Haefele - board is arbitrating body for cable company. Councilman Linton questioned special provisions - Supervisor Gray stated we are not going to spend all night on this - out of order - bring up in new business. Minutes of Last Meeting Supervisor Gray - Page Five - last sentence - minutes to record what happens. • Councilman Linton - revise to read motion failed due to lack of second. Supervisor Gray - minutes with half sentences and phrases can't go on - people not at meeting doesn't know what happened. Councilman Linton moved to accept minutes with above revision. Councilman Scofield seconded the motion. Motion carried. Page Three Additions/Deletions to Agenda Councilman Linton - add committe reports. Supervisor Gray - delete Community Council Report as no one here. Tompkins County Board of Representative's Report Dan Winch - -In the Ithaca Times Arnot Mall at Big Flats has promotion - Tompkins, Chemung & Schuyler County - has map in paper that includes Enfield Glen. -County Board due to pass local law enacting 2% room tax on motel rooms, etc. to turn over to Chamber of Commerce. -In the last month the Tompkins County Board of Representatives authorized the job training department a grant for "Step Programu an alternative schooling for high school diploma. -Public Safety building moving rapidly - hope to move in the first of the year. Councilman Lintonhad question on the room tax as to what percent collected from non-residents as to residents. Mr. Winch - assume mostly non-resident has county residents would not use here. Tax added on to base rate. Committe Reports • Councilman Linton - Building and Fire 'Code Committee Councilman Linton reports that at the building and fire code committee meeting they went over 4 main points to make recommendation to board for consideration. 1. Needs for funds to set up schooling for inspector. 2. Permit system and steps to take to make easier for people to get permits. 3. Unannounced inspections was discussed. and it was agreed at our request to ask applicant be notified and to be there when done. -questioned if it can be done if against public health and safety. 4. Greg asking board to give action on how far and deep he should go on enforcement if with only minimal enforcement. Would like policy from board on supporting and how to enforce. Supervisor Gray 'stated checking in her minutes of the meeting that Greg wanted resolution from the board at next meeting of how to enforce - looking for future direction from board. 'Councilman Linton - stated he is giving report and Supervisor 'Gray is out of order and that she is not on the committee and there are no minutes at committee meetings. Councilman Linton continued with report. -Electrical code problem discussed - decided to take up at next meeting as appointment was made inclusive to New York Underwriters. Mr. Ferris . wrote letter for Greg to sign - adopted law to cover several appointments. There was a question on Floyd Ferris for inclusive appointment and it was suggested for others to come to next meeting. Mr. Hinkle gave presentation -majority of committe to do something about it to clear 'up. Page Four i -Greg under assumption of his interpretation of the law. -put on agenda for Unfinished or new business. Supervisor Gray - no other committee reports. Highway Superintendant's Report Carleton Thall - -Parts for truck will be in Monday -Price on equipment and mower from Cortland - he can only meet state contract price on mower only. Councilman Linton asked if he was ready to make a recommendation on it yet, and Carleton stated he was not. -been doing ditching - be done with backhoe on Friday. -Asphalt base price way down now. Councilman Linton referred to the comments made by Robert Arnold, the issue as been discussed at the last three meetings. Carleton stated they had been keeping the backhoe busy. Carleton also stated that on Vandorn Road by Head's, they may need help with that one as someone has been up there with a bulldozer and screwed it all up. Carleton will check on Gray Road tomorrow at 6:00 am. -question raised on the 8' snow plow stored across the road - Lansing would like to buy. Councilman Linton suggested to put on agenda of highway committee with other subjects - not urgent. Communications 1. Don Barber - Meeting to be held on September 30, 1986 at 7:30 PM at Newfield High School reference Landfill sitings. 2. Frank Ligouri - letter concerning billing ISA Babcock in lieu of taxes. 3. Hugh Hurlbut Re: General Municipal. Law on granting of vacations, sick leaves and leaves of absence of officers and employees, asking for resolution to adopt Rule XIX. Supervisor Gray questioned whether to read into the minutes or submit to board members to read. Supervisor Gray read Rule XIX - Leave of Absence. See attached - Page Five. Supervisor Gray made the motion that we accept Rule XIX. Councilman toy Lanning seconded he motion. Motion c,,,rr'ie'd 4. SPCA - new contract - increase of 4%. Attorney Egan stated that they taken out option. - Just offered one level �of service and the rest looks pretty much identical to last years. Councilman Linton would like to see copy 'of last years contract to compare for budget information. Dan Winch suggested someone to come from SPCA to discuss any changes- invite to next meeting. Page Five • RULE XIR LEAVE OF ABSENCE 1) A leave of absence v thout pay, not to exceed one year, may be granted to a permanent employee by an appointing officer. Notice of such 'leave of absence shall be given to the commissioner. Where a leave of absence without pay has been granted for a perioe Mich aggregates one year, a further leave of absence without. Pay shall not ba granted unless the employee returns to his position and serves continuously therein for three months immediately preceding the subsequent leave of. absence. Notice of such subsequent leave of absence shall also be given to the commissioner. Absence, on leave for more than one year shall be deemed the equivalent of a resignation from the service upon the date of commencement of such absence, except as provided in subdivision 2) of this rule. 2) A leave of absence without pay, may be granted to a prbvikonal employee with one year's continuous service who has requested time off, due to pregnancy, from a position where the exam for that position has not been made available since the employee's appointment, or where the exam has been given but the eligible list has not been established. The employee will be granted the right to be rehired in the same title in the same department, provided toe position is still in existence and no one else has been appointed from an eligible list. Such leave of absence shall be made at the employee's request, up to a maximum of six months subject to renewal for another sip: months for reasons considered satisfactory to the Commissioner of Personnel. 3) In an exceptional care, the commissioner may for good cause shown waive the provisions of this rule to permit an extension of the leave of absence for an additional one-:;ear period.: In no case may such leave o` absence exceed in aggregate two years from the date of commencement of such leave. 4) A leave of absence without pay, not to exceed four years, shall be granted by an appointing Miter to an employee who is a veteran of the Armed Forces of the United States, providing such leave of absence is for the purpose of taking courses une er the educational benefits provided for in Title 38, United States Code or under a New York State Board of Regents War Service Scholarship, Education Law, Section 614. Q employee taking such a leave 'shall be reinctatee to his position, provided he makes application for such reinstatement within sixty days after the termination of his courses of study. 27 VSR 8112186 i Page Six Monthly Bills Youth Services Carol Barriere 100.00 Enfield Community Council 5,102.39 Enfield Community Council 224.00 Enfield Community Council 1 ,500.00 General Fund Shirley Egan 487.50 Allied lndustrial Laundry 132.20 Sue Carpenter 84.31 Etta Gray 5.00 L. A. Lama lnsurance 176.00 Clyde Hall 200.00 Donna Laue 300.00 MCI 10.91 - pd. Highway Fund Velma Bailey 126.00 • Johnny's Wholesale 136.90 Agway Farm & Home Center 8a99 Chemung Supply 2,979.00 Chemung Supply 1,697.96 B. R. Dewitt 296.16 Johnny's Wholesale Service 3.80 Seneca Supply 214.80 Steuben Supply 294.80 Groton Auto Supply 32.14 Caskey's Garage 811.04 Caskey's Garage 13.50 Chemung Supply 88.41 Cramer's Auto Parts 18.05 Crispell Automotive 49.67 Groton Auto Supply 25.20 Discussion held on some of the bills. Robert Linton made a motion to pay the above bills. Robert Scofield seconded the motion. Motion carried. is Page Seven Supervisor's Report • General Fund Balance as of August 1 , 1986 Checking 157.39 Savings 54,245.37 Total 54,402.76 Receipts 3,180.58 Disbursements 4,404.60 Balance as of August 31 , 1986 Checking 124.82 Savings 53,053.92 Total 53,178.74 Highway Fund Balance as of August 1 , 1986 Checking 147.64 Savings 109,102.15 Total 109,249.79 Receipts 575.87 Disbursements 15,076.18 Balance as of August 31 , 1986 Checking 171 .46 Savings 94,578.02 Total 94,749.48 Discussion held on contacting other townships reference the Electrical Code inpections. Village of Groton 898-3001 - Ed Smith and Frank Slatterly. Dryden - Gary Wood 753-842.1. Discussion held on number of machines and number of people to work for the elections. Election board and custodians have been contacted for the primary. The town clerk advised the board that the policy in the past since we have two machines for each district is to use both. Supervisor Gray questioned who is to make the descision on how many machines and number of people to use. Supervisor Gray to contact the Board of Elections tomorrow. Councilman Linton said we can follow last years policy or change the policy. Councilman Lanning made a motion to ;just use 2 machines in the primary, 1 for each district. Councilman Linton seconded the motion. Motion carried. Supervisor Gray - Attorney's account over $805.25 after tonight. Board will take action later on in the year. Unfinished Business 1. Discussion held on Mr. Haefele's problem with Hillendale. Shirley Egan asked Mr. Haefele if he felt that they were at an impass or could 'he go back to them or does the board need to take action. -Mr. Haefele will be willing to go back and talk with them. -Councilman Linton questioned based on a bar room conversation on far it would go in legal litigation. -Mr. Haefele stated that they went down to 12 houses per mile considering whats coming in the future. -Councilman Laue - stated that the contract called for an automatic increase every 2 year anniversary. -3 Page Eight -Councilman Linton asked if the issue was settled on the $1.00 reduction • fee. -Mr. Haefele stated we started with lower rate in the beginning as Hector had already signed on. There are more subscribers in Enfield than Hector. -Councilman Laue questioned what's the next step to resolve problem with Hillendale. -Ronald Rice will contact them and try to resolve rather than Lee. -Mr. Haefele - got recommendation for inspector from electric company. -several problems with underwriters -less work for person desiring inspection by using other than underwriters. -Supervisor Gray stated she had no problem contacting underwriters. -Councilman Linton - have law read not only building inspector but board to appoint agencies. -Supervisor Gray - not to keep going over the same ground - take action and approve Greg's appointment and go ahead and appoint Atlantic-Midland. -Councilman Lanning moved to approv Gre 's appointment to accept NY Fire Underwriter's, that it is not f other qualified electrical inspectors. Councilman Laue seconded the motion. Motion carried. -Councilman Linton - recommend to Greg in the event underwriters doe's not want it since not �aen�-ye. -Councilman Linton - did we agree to put question of board policy and discretionary power of code inspector? Greg wants backing - strict or loose interpretation. -Shirley Egan - recommends wholeheartdly that he uses his discretion that the code gives him so no law suits become about - board to articulate • guidelines playing with fire. -Councilman Linton gave some background information as to where this whole thing come from. Policy to accomodate rural area - must consider people in Enfield - law dropped out of the blue on them. -Shirley Egan - phrase something that said to exercise discretion.- problems will iron out as he goes along. -Councilman Linton - doesn't want Greg thinking board wants him to enforce every nitty gritty item - give him something to go on - strict or accommadating interpretation. -Shirley Egan - Privilege of the floor is for people to come to and explain and address board of problems - limited in time - avoid one on one. -Councilman Linton - we are here to discuss problem -Shirley Egan - put on agenda under new business. -Councilman Linton - purpose to promote and take care of issue and discuss. -Councilman Linton - noticed after discussion of gravel pile at last meeting- it was moved - who gave orders to move it? -Fire department wanted it moved off their property. -Highway men moved gravel pile instead of doing what was instructed of them that day. -Carleton Thall stated the fire company does not want highway department digging into their property. -Councilman Lanning - fire company decided to get it off their property so there would be no more problems. 10 -Councilman Linton - Carleton should be in charge and give orders to the men. Page Nine • -Councilman Laue questioned if the board was going to take any action on the Stephen Strait claim issue. -Supervisor Gray stated Judge Bock had been contacted and he didn't think it would be small claims - nothing he can do - Strait should contact lawyer. -Councilman Laue questioned if there would be a decision on the mower tonight.. Suggested to go ahead and authorize getting mower on state bid. -Discussion held on the length of office for town clerk and changing highway superintendant from elected to appointed. -Supervisor Gray questioned the point of extending the term. -Councilman Linton stated the town clerk does not have a vote on the board - not political - keep more efficient. -Supervisor Gray feels it would be more efficient for full time and have day hours - Joan_ Sharp would like job - looking for more professional job. -Councilman Laue suggests to go ahead with action for town clerk and highway superintendant. -Councilman Linton suggested to put on the agenda for February or March of next year. - Councilman Laue made a motion to buy the mower, tractor and cab at state bid price. Councilman Lanning seconded the motion. Motion carried. -Councilman Laue questioned the progess on the fire district application. -Supervisor Gray states it is almost done - has form for Shirley to fill out - will take to her this weekend. -Supervisor Gray - Tompkins County Association Dinner - September llth at the Ramada Inn. -Supervisor Gray question if there will be a special meeting for the budget. -Councilman Linton - alternative would be to do it all at the October meeting. -Wednesday September 17th at 7:30 pm set up for meeting. -Councilman Laue moved to adjourn. Councilman Lanning seconded. -Councilman Linton questioned instructions for Greg. -Shirley Egan stated regulations hve enough discretion. Shirley Egan drew up Policy on Enforcement of Building Code. Councilman Linton read it to the board. Page Ten The town building inspector is urged in instances in which discretion is permitted by law or regulation to the town building inppector, that he will use such discretion in such a way as to be accomodating as reasonable, under the circumstances, taking into consideration the rural and undeveloped nature of the town, while remaining consistent with all applicable provisions of law or regulation and consistend with his best judgment as town building inspector. -Councilman Linton recommended giving policy to Greg as committee. Meeting Adjourned 12:35 AM Shirley M. Holcomb Town Clerk --