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HomeMy WebLinkAbout1995-12-06 TOWN OF ENFIELD MINUTES OF THE TOWN BOARD MEETING WEDNESDAY,DECEMBER 6. 1995 6:30 P.M PUBLIC HEARING - Local Law#1 1995 -Prior Notice of Defect A public hearing was held Wednesday, December 6th, 1995 at 6:30 p.m. to consider the adoption of Local Law#1, 1995 regarding Prior Notice of Defect. The public hearing was held at the Enfield Community Building, 182 Enfield Main Road, Ithaca,NY. Present: Supervisor,Jean Owens, Town Councilmen, Garry Achilles, Lanny Clark, Linda VanNederynen. Absent-Town Councilman,Pat Dougherty. Others Present: Highway Superintendent,Ron Updike; Alice Laue, Town Clerk. Supervisor Owens opened the public hearing to all wishing to speak. Motion made by Councilman Achilles and seconded by Councilman Clark that the Town Board of the Town of Enfield hereby authorizes the Town Supervisor,Jean Owens, to close the public hearing at 6:35 p.m.. Carried Unanimously REGULAR TOWN BOARD MEETING- The regular meeting of the Town Board of the Town of Enfield was held Wednesday, December 6th, 1995 at the Enfield Community Building, 182 Enfield Main Road, Ithaca, N. Y., at 6:36 p.m. Supervisor Owens presiding Present: Supervisor,Jean Owens;Town Councilmen,Garry Achilles, Lanny Clark, Linda VanNederynen. Absent-Town Councilman, Pat Dougherty. Others Present: Ron Updike, Highway Superintendent, Alice Laue,Town Clerk. Pledge of Allegiance: Supervisor Owens led the assemblage in the Pledge of Allegiance to the Flag. Approval of the November 1, 1995 Minutes- Motion made by Councilman VanNederynen and seconded by Councilman Achilles that the Town Board of the Town of Enfield approve for adoption the minutes of the November 1, 1995 regular Town Board Meeting. Carried Unanimously Privilege of the Floor- Peggy Hubbell, Hubbell Drive,asked Highway Superintendent,Ron Updike what the status on the"flashing lights"at the Enfield Elementary School was, Highway Superintendent Updike replied he was still waiting to hear from Mike McLellean, Ithaca City School District Maintenance Director. 1IS3 Town Board Meeting Minutes -December 6, 1995 2 Councilman Achilles addressed problems at Ithaca High School. He thanked Art Howser and Karen Anderson, from the Enfield Community Council, for their continued support. Councilman Achilles stated that parents need to listen to what their children tell them about what goes on at school because it is true. PUBLIC HEARING- 1996 Fire Protection Contract 6:45 p.m. A public hearing was held Wednesday,December 6th, 1995 at 6:45 p.m. to consider the adoption of the 1996 Fire Protection Contract. The public hearing was held at the Enfield Community Building, 182 Enfield Main Road, Ithaca,N. Y. 14850. Present: Supervisor,Jean Owens;Town Councilmen,Garry Achilles, Lanny Clark,Linda VanNederynen. Absent,Town Counciiman,Pat Dougherty. Others Present: Highway Superintendent, Ron Updike,Town Clerk, Alice Laue. Supervisor Owens opened the public hearing to all wishing to speak. Supervisor Owens read the Fire Protection Contract aloud to the assemblage. Motion made by Councilman Achilles and seconded by Councilman Clark that the Town Board of the Town of Enfield hereby authorizes the Town Supervisor,Jean Owens,to close the public hearing at 7:00 p.m. Carried Unanimously Communications- Tompkins County Planning- Karl Heck The Town of Enfield, as recipient of federal funds from the Human Development Block Program is required to have an audit which is called a single audit of its books for 1994. County Planning obtained three proposals. Dermody, Burke and Brown. Ciaschi, Dietershager, Little,Michelson,LLP$2900.00 Lavigne,Nolis and Beals- $3,000.00 Latter two are response to REP and provided references. What single audit will do is re- examine the town's books for 1994 as well as the town's Small Cities Program accounts. County Planning can prepare a contract for the town. Home Ownership Program not enough interest at this,time. 1993 grant finished in January 1996. 1994 grant is half finished and will be completed in the Spring/Summer of next year. HUD, no federal budget- no proposals out at this time. Basically three months after federal budget is passed would be HUD grant application date. Motion - Single Audit Contract Motion made by Councilman Clark and seconded by Councilman Achilles that the Town Board of the Town of Enfield authorize Supervisor,Jean Owens,to enter into a Single Audit Budget contract with Ciaschi, Dietershagen, Little and Mickelson, LLP, in the amount of$2900:00 Carried Unanimously tC6, 156 Town Board Meeting Minutes-December 6th, 1995 3 Communications- Cellular Tower A letter from Town Attorney, Robert Mulvey advising the Town Board of change of ownership of cellular tower. May 1994 Southwestern Bell,by way of statutory merger, assumed all pre-existing assets,obligations and liabilities of the local cellular tower. Committees- Tompkins County Board of Representatives Peter Meskill Eleven- four vote to move D.D.S.building downtown to West State Street. Pared probably 3/4's of a million to a million dollars off original proposal. Contemplating several site areas for parking. Mr. Meskill put an amendment in from the floor that will insure that the State Police Sub-station will be maintained even if the county disposes or destroys Biggs Building A. The county will,now by that amendment, maintain the State Police Sub-station as long as the State Police wish to maintain it. County is trying to sell Biggs Building. Budget passed with a 0%tax increase. Substantial money put in Highway budget, especially the bridges area and the Sheriff Department. On behalf of Dan Winch,the County Board and himself, he thanked the outgoing Town Board members for their services to the County and the Town of Enfield. Commemorative Committee-Gary Fisher Basically right now working on March 21, 1996 celebration. Will be working with local churches on Memorial Day service. History book is in draft. Logo contest held at Enfield Elementary School last year. Logo to appear on T-shirts. Tile trivet, limited supply, will be map of Town of Enfield with town roads marked with a picture of the Old Mill in one corner. Cookbook in retyping stage. Communications: - Agent Jeff farmer- Sprague Insurance Jeff Fanner, Insurance agent for Sprague Insurance representing NYMIR presented the 1996 Insurance Overview for the Town of Enfield in the amount of$23,584.53. Motion made by Councilman Achilles and seconded by Councilman Clark that the Town Board of the Town of Enfield approve for adoption the 1996 Insurance Overview for the Town of Enfield,presented by Sprague Insurance Company Agent Jeff Fanner, representing NYMIR, in the amount of$23,584.53. Carved Unanimously Committees: Cemetery-No one present Code Enforcement-Lanny Clark Presented Town Board members with copies of the Code Enforcement Officer's and the Assistant Code Enforcement Officer's job description for their review. Town Board Meeting Minutes December 6, 1995 4 Enfield Community Council-Karen Anderson Community Council presented copies of their 1995-96 budget. Fees to be charged for next year's summer camp. Community Council asked the Town Board for a liaison from the Town Board to attend Community Council meetings. Community Council is acting as a liaison with Enfield parents and Ithaca High School concerning school problems. Enfield Fire Company-Dennis Hubbell, President-Larry Stilwell, Chief Situation is the fire department has applied for a loan at 6.5%interest from a local bank. The;' 1w i11,;0 inlucsld in nppiYing for 1 p0mible, 101n through N.Y. State Emergency Service Loan Program application process at 2%interest. Loan through local bank is a federal program at 6.5%fixed rate. N. Y. State Emergency Service Loan Program requires town supervisor's signature. Application with fire company being legal name, address of applicant with their federal ID number.,indicating that they are within a town, here as a fire protection district, look at their current fiscal budget,cash on reserve,etc. Supervisor's signature is a certification that states applicant hereby certifies that it has not and or will not seek or receive any other form of aid from the state for the same purpose applied for herein or for which a loan is received. Third step is if fire company obtains a loan from a local bank on their own interest would be 8%. To apply for either of these loans being that is federal and state money and fire company is a incorporated fire company,the fire company can't do it on their own. Which ever program is saving money. Motion made by Councilman Clark and seconded by Councilman Achilles that the Town Board of the Town of authorize Supervisor Owens to sign the N. Y. Department of State Emergency Service Loan Program certification that states applicant hereby certifies that it has not and will not seek or receive any other form of aid from the sate for the same purpose applied for herein or which a loan is received. Supervisor Owens received a phone call from fire company Attorney Mr. Ward who is working on 6.5%loan application which is a federal program. When seeking federal funding public hearings are involved. Attorney Ward is requesting that the Town Board pass a resolution requesting that the fire department hold a public hearing to address the borrowing by the Enfield Volunteer Fire Company to finance the purchase of a 1996 Freightliner Chassis/3,000 gallon Saulsbury Pumper. We also require a fourteen day advanced publication in the newspaper advertising a public hearing and that the Town Board name the chairperson of the public hearing. 155 Town Board Meeting Minutes December 6, 1995 5 Resolution:-For Approval of Purchase By Elected Representative of Political Subdivision Contracting For Fire Fighting Services Motion made by Councilman Achilles and seconded by Councilman Clark WHEREAS,the Enfield Town Board is responsible for providing fire protection to the Town of Enfield fire protection district; and WHEREAS,the Town of Enfield has contracted with the Enfield Volunteer Fire Company,Inc.,by contract dated December 12, 1995, for said fire protection to said fire protection district for calendar year 1996, and WHEREAS,the Enfield Volunteer Fire Company,Inc. is purchasing a 1996 Freightliner Chassis/3,000 Gallon Salisbury Pumper; and WHEREAS,the Enfield Volunteer Fire Company,Inc.wishes to borrow$175,000 from the Manufactures and Traders Trust Co. at a preferred rate of interest which requires a public hearing to held and that the Enfield Town Supervisor subsequently approve the borrowing and issuance of an obligation by the Enfield Volunteer Fire Company, Inc. which is a prerequisite to an exemption from income taxation for Manufacturers and Traders Trust Co. of the interest payable under the terms of such obligation,pursuant to Section 103 and related sections thereof,and regulations under, the Internal Revenue Code;and BE IT RESOLVED,that the Enfield Town Board hereby authorizes the Enfield Town Supervisor to conduct a public hearing on behalf of the Enfold Volunteer Fire Company, Inc. concerning their proposed purchase from Saulsbury Fire Equipment Company of a 1996 Freightliner Chassis/3,000 Gallon Saulsbury Pumper for which the Enfield Volunteer Fire Company,Inc. will enter into an obligation to the Manufacturers and Trader Trust Co. in a maximum principal amount of$175,000; and it is further RESOLVED,that the Enfield Town Clerk shall cause to be published in full, in the Ithaca Journal,a newspaper published in,or having general circulation within,the Town of Enfield,and designated as the official newspaper of the Town of Enfield,a notice of public hearing to be held on not less than 14 days notice from the date of publication. Carried Unanimously Larry Stilwell reported on major fire at Donald Gunning residence, Friday night, December 1, 1995. Structure was fully involved. Gunnings have received tremendous community support. Town Board Meeting Minutes December 6, 1995 6 Highway Report - Superintendent, Ron Updike All employees attended mandated Drug and Alcohol training session,November 28th, 1995 for the purpose of implementing the Drug and Alcohol Policy Testing program officially starting January 1, 1996. Superintendent Updike asked for a resolution from the Town Board of the Town of Enfield for our policy recommending that the Town of Enfield totally delete from our Personnel Policy section C-10"Intoxication and Use of Drugs"and attach"Policy- Alcohol and Controlled substance Testing for Town of Enfield." Resolution: Drug and Alcohol Policy Motion made by Councilman Achilles and seconded by Councilman VanNederynen. IT IS HEREBY RESOLVED,that the Employee Manual of rules and Regulations for the Town of Enfield Department of Public Works,adopted by the Board on February 3, 1993 be and the same hereby is amended as follows: Section C 10"Intoxication and Use of Drugs" is deleted in its entirety and the attached "Policy- Alcohol and Controlled Substance Testing for Town of Enfield." is hereby substituted in its entirety. Carried Unanimously Worked with Town of Ulysses last month, did ditching on VanOstrand Road,plowed snow,hauled cinders with the help of the Towns of Newfield,Ithaca,Ulysses and Dan Achilles Trucking. Concern:- 1973 Michigan 55 Loader We need to seriously be thinking about what the Town Board is going to do about the 1973 Michigan 55 Loader. It needs a lot of repairs. .Major capitol outlay. We need to do something for a loader shortly. Food for thought in the very near future, Planning Board -Bill Mathers Basically carried on with issues being dealt with, Code Enforcement job description, etc. Monthly Bills-\Motion made by Councilman Achilles and seconded by Councilman VanNederynen that the Town Board of the Town of Enfield approve for payment General Fund warrants,297-336, in the amount of$7988.08. Highway Fund warrants, 205-220, in the amount of$50,284.36 , Small Cities Grant I warrants 11- 12 in the amount of $1030.06 and Small Cities Grant II warrants 15-16 in the amount of$37,252.29. Carried Unanimously 157 Town Board Meeting Minutes December 6, 1995 7 Unfinished Business Local Law 1 1995 - Prior Notice of Defect Motion made by Councilman Achilles and seconded by Councilman VanNederynen that the Town Board of the Town of Enfield approve for adoption Local Law 1 1995 regarding Prior Notice of Defect.(See attached). Carried Unanimously New Business- 1996 Enfield Community Council Contort. Motion made by Councilman Achilles and seconded by Councilman VanNederynen that the Town Board of the Town of Enfield approve for adoption the 1996 Enfield Community Council Contract. Carried Unanimously 1996 Fire Protection Contract Motion made by Councilman Achilles and seconded by Councilman Clark that the Town Board of the Town of Enfield approve for adoption the 1996 Fire Protection Contract. Carried Unanimously General Payroll Motion made by Councilman Achilles and seconded by Councilman Clark that the Town Board of the Town of Enfield approve the advancement of the General Payroll from December 31, 1995 to December 15, 1995. Carried Unanimously Councilman Achilles thanked Supervisor Owens and Councilman VanNederynen for their services to the Town of Enfield and community. Adjournment- Motion made by Councilman Achilles and seconded by Councilman Clark that the regular December 6, 1995 Town Board meeting of the Town Board of the Town of Enfield be adjourned. Carried Unanimously Meeting adjourned at 8:50 p.m. Respectfully submitted, Alice Laue Town Clerk LOCAL LAW FILING (Use this form to file a local law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. County City of Enfield Town Village Local Law No. _ A of the year 19_9J A local law regarding prior notice of defects (Insert Title) Be it enacted by the Town Board of the (Name of Legislative Body) County City of Enfield as follows: Town Village Section 1. Damages due to defective highways; notice to Town required. No civil action shall be maintained against the Town of Enfield, its elective or appointive officials or employees, for damages or injuries to persons or property sustained by'reason of any highway, bridge or culvert being defective, out-of-repair, unsafe, dangerous or obstructed unless written notice of,by the witness to, such defective,unsafe, dangerous or obstructed condition of such highway, bridge or culvert was actually served upon the Town Clerk in accordance with Section 4 hereof and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of. Under no circumstances shall the Town of Enfield, its elective or appointive officials or employees be liable for damages caused to persons or property due to the defective conditions of Town streets and highways in the absence of such prior written notice to the Town of the existence of such condition. Section 2. Damayes due to certain Town propeEly being defective,• notice to Town required. No civil action shall be maintained against the Town of Enfield, its elective or appointive officials or employees, for damages or injuries to persons or property sustained by reason of any defective 15 � parking lot, parking field, swimming or wading pool or area or equipment, or playground or playground equipment, skating rink or park or park property, no matter where situated, being defective, out-of-repair, unsafe, dangerous or obstructed unless written notice of, by the witness to, the defective, unsafe, dangerous or obstructed condition of such parking lot, parking field, swimming or wading pool or area or pool equipment, playground or playground equipment, skating rink, or park or park property was actually served upon the Town Clerk in accordance with Section 4 hereof and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of. Under no circumstances shall the Town of Enfield, its elective or appointive officials or employees be liable for injuries or damages to persons or property due to defective conditions of the aforesaid Town property in the absence of such prior written notice to the Town of the existence of the defective condition causing said injuries or damages. Section 3. Damaizes�orin.juries due to defective traffic signs sidewalks. walkways. footpaths or bicycle pathways. No civil action shall be maintained against the Town of Enfield, its elective or appointive officials or employees, for injuries or damages to persons or property sustained by reason of any defect or obstruction whatsoever in its traffic signs, sidewalks, walkways, footpaths or bicycle pathways or for injuries or damages to personas or property sustained by reason of any defect or obstruction in its traffic signs, sidewalks, walkways, footpaths or bicycle pathways or in consequence of the existence of snow or ice upon any of its traffic signs, sidewalks, walkways, footpaths, or bicycle pathways unless said traffic signs, sidewalks, walkways, footpaths or bicycle pathways, no matter where situated, have been constructed or are maintained by the Town of Enfield pursuant to statute and written notice of, by the witness to, said defect or obstruction causing the injuries or damages was actually served upon the Town Clerk in accordance with Section 4 hereof, nor shall any action be maintained for injuries or damages to persons or property sustained by reason of any defect or obstruction or in consequence of the existence of snow or ice unless such written notice thereof was actually served upon the Town Clerk in accordance with Section 4 hereof and there was a failure or neglect to cause the particular defect to be remedied or the obstruction of the snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice. Section 4. Method of service of written notice by witness: contents. Service of written notice of any defect described in the Local Law shall be accomplished by personal service or service by registered or certified mail actually received by the Town officer specified herein. The written notice must be made by the witness to the condition, defect or obstruction specified in this Local Law. The written notice must identify, with particularity, the specific nature and location of each condition, defect or obstruction complained of. Section 5. Legislative intent. A. It is the intent of the Town Board, pursuant to the Municipal Home Rule Law of the State of New York, to supersede such portions of Section 65-a of the Town Law of the State of New York and Section 50-e, Subdivision 4, of the General Municipal Law of the State of New York as stated in this section and fully set forth in Sections 1,2,3, and 4 of this Local Law. B. It is the intent of the Town Board to supersede that portion of Section 65-a of the Town Law of the State of New York with respect to the manner of service of defects and obstructions as is more fully set forth in Section 4 herein. C. It is further the intent of the Town Board to require, in addition to the need for prior written notice of defective, out-of-repair, unsafe, dangerous or obstructed highways, bridges or culverts or of a defect in or snow or ice upon any sidewalk or of defective, unsafe, dangerous or obstructed conditions of any street, highway, bridge, culvert, sidewalk or crosswalk in Section 65-a(1&2) of the Town Law or Section 50-e(4) of the General Municipal Law as a condition precedent to the maintenance of a civil action for damages or injuries to person or property, that such prior written notice is additionally required for any defective, out-of-repair, unsafe, dangerous or obstructed property of the Town of Enfield or any snow or ice condition upon such property as set forth more fully in Sections 1, 2, and 3 of the Local Law. Section 6. Record. The Town Clerk shall keep an indexed record, in a separate book, of all written notices which said Clerk shall receive pursuant to this local law which record shall state the date of receipt of the notice, the nature and location of the condition stated to exist, and the name and address of the person from whom the notice is received. All such written notices shall be indexed according to the location of the alleged defect, condition or accumulation. The record of each notice shall be preserved for a period of five years after the date it is received. The Town Clerk shall notify the Town Supervisor of any written notices received within 10 days or by the next meeting of the Town Board, whichever shall come sooner. Section 7. R r. Any local law, ordinance or resolution of the Town in conflict herewith is hereby repealed to the extent of such conflict or inconsistency, except that this repeal shall not effect or prevent the prosecution or punishment of any person for any act done or committed in violation of any local law, ordinance, or regulation hereby repealed prior to the effective date of this local law. Section 8. Severabildy. In the event any clause, sentence, section or other part of this local law is declared to be invalid, such invalidity shall not effect the remainder of this law. Section 9. Effective Date. This local law shall take effect as provided by law.