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HomeMy WebLinkAbout2-13-2002 Enfield Town Board Meeting.pdf DRAFT REGULAR TOWN BOARD MEETING MINUTES WEDNESDAY, FEBRUARY 13TH, 2002 6:40 P.M. The regular monthly meeting of the Town Board of the Town of Enfield was held Wednesday, February 13th, 2002 at the Enfield Community Building, 182 Enfield Main Road, Ithaca, New York at 6:40 p.m Supervisor Owens presiding. Present: Supervisor Jean Owens; Town Councilperson Greg Stevenson; Town Councilperson Mark Roach, Town Councilperson R J Switzer. Town Councilperson Pat Gumaer was absent. Others present were Highway Superintendent David Miller and Town Clerk Alice Laue. Pledge of Allegiance to the Flag Supervisor Owens led the assemblage in the Pledge of Allegiance to the Flag. Privilege of the Floor Bill Mather – 305 Iradell Road, Ithaca, New York Legal Issue – You should be aware that as an elected official the town maintains an insurance policy that indemnifies elected officials against unintentional errors, omissions, and wrong doings. The keyword here is unintentional. It cannot, does not, never will, never has and legally cannot cover you in the case of vicarious liabilities, civil liabilities or criminal liability for intentionally fraudulent or intentionally illegal acts. That is for your benefit. For the board I would suggest that all of you get together with the town attorney, don’t have one person go and relay it, because this is about you, your wallet and your property. You guys have some legal problems, you need to make sure you understand some procedures better because we are going to have to go to the mat on this one. I want to give you fair warning so you have a chance to remedy the situation. At the last meeting that the town board held there was a public hearing and that is in quotes, for the fire department. A couple of problems with that; First, if you look at the notice that was published in the paper, it was not published by the Town of Enfield. It said the Enfield Volunteer Fire Department, etc. will be holding a public hearing. It did not say The Town of Enfield, therefore, the Town of Enfield did not hold a public hearing as required by the State to back this loan. I am not arguing about whether the loan is right or wrong I am telling you that procedurally what you did is wrong. Now, how do we get to intent on this thing Regular Town Board Meeting Minutes 2/13/02 2 Vested in the clerk is the sole authority, other than Planning Board matters which the Planning Board Chair can authorize to have published, to publish the notices. You just held a public hearing tonight that was not published by the Town of Enfield for the Enfield Town Board to hold a public hearing. There was no public hearing tonight, nor was there a legal public hearing the last time. You might look at the notice you have a copy of and see that it is not even signed. Town clerks sign notices. In her absence that authority is solely vested in a Deputy Town Clerk. If either of those two are not available, then under very special conditions you would have the authority as a board or supervisor. Guys, you have a legal problem, you have to get that straightened out or the legality of the loan application doesn’t work and I will in fact notify all the people involved in that, that it is not right, it was illegal. Supervisor Owens advised that in fifteen minutes the attorney for the fire department was going to be here and that might be more appropriate and maybe get some answers. Bill Mather – Then you held a meeting that you advertised legally that there would be a meeting to audit town books. When you did that you made your meeting exclusive. Now had you had a general meeting where in that was an agenda item you could have conducted other business as well legally, but since you advertised that as a sole purpose meeting it narrowly defines what you are permitted to do, therefore, any board action taken other than things pertain to the audit procedure are null and void. That means the vote you took you even have to do again. So your remedy is, you are going to have to re-advertise for a public hearing to approve that loan for the fire department and then you are going to have to revote whether we agree on it or not doesn’t matter, the legalities matter. You are not following procedure. Now the remedy I have is that if doesn’t occur we can either go with an Order to Show Cause, and we know who is willing to issue that one already, or we can go the mandamus route which gets all of you involved because you are not permitting the clerk to do the clerk’s job. So you have a real legal problem there and I would like to see you get out of it by simply going back and correcting what you did wrong. Tonight’s public hearing, not being a public hearing will negate the application you make to Small Cities because they have to have two public hearings. It’s right here on the sheet. They didn’t have two public hearings. So I would like you to look at your procedures and address them because if you don’t it negates everything you are attempting to do. Sprague Insurance Insurance Agent John Keone presented the 2002 insurance program which was renewed the first of the year with N. Y. Municipal Insurance Reciprocal. Regular Town Board Meeting Minutes 2/13/02 3 Reports/Committees Tompkins County Board of Representatives Peter Penniman spoke about the letter sent by the Assessment Department correcting tax percentages. Public Safety Communication System – Jail space. Fiscal hardships for the coming year. Highway Department – Highway Superintendent David Miller Basically servicing trucks and chipper. Changing cutting edges, working on chains. Patched potholes. Worked on the Drot so we could put some pipes in. Plowing and cindering. Put up a few signs. Highway Superintendent Miller asked for the Cooperative Purchasing of Highway Services with County Resolution. Resolution #3 – Cooperative Purchasing of Highway Services with County. Motion made by Town councilperson Stevenson, seconded by Town Councilperson Roach that the Town Board of the Town of Enfield approve for adoption Resolution #3 – Cooperative Purchasing of Highway Services with County for the year 2002. WHEREAS, the Office of the State Comptroller has ruled that counties may no longer extend their bids for public work (services) to political subdivisions, and WHEREAS, General Municipal Law, Article 5-G, Section 119-0 states that “any agreement entered into there under shall be approved by each participating municipal corporation or district by a majority vote of its governing body; now, therefore, be it RESOLVED, That the Town of Enfield be hereby authorized to participate with Tompkins County in the Cooperative purchasing of the following highway services; 1. Liquid Bituminous Materials 2. Calcium Chloride Solution 3. Cold Recycling of Bituminous Materials 4. Bridge Repair 5. Subsurface Drainage 6. Installation of Guide rails FURTHER RESOLVED, That the Town of Enfield reserves the right to reject any or all bids. Discussion Vote – Supervisor Owens aye. Town Councilpersons Stevenson, Switzer and Roach aye. Town Councilperson Gumaer was absent. Regular Town Board Meeting Minutes 2/13/02 4 Surplus Property Supervisor Owens – In order to dispose of surplus town highway equipment the Association of Towns indicated that the town board assign a value. Value can be what board chooses to assign, from zero to whatever. At that point it allows for the highway superintendent to dispose of these items. We can do it by formal bid, informal bid, such as posting it. In the case of zero value simply disposing towards recycling, salvage or however the highway superintendent determine he wants to dispose of the items. Councilperson Roach and Highway Superintendent to work on a surplus list with values. Highway Superintendent Miller would like to dispose of the 1972 Ford Cinder truck. Motion made by Town Councilperson Roach, seconded by Town Councilperson Switzer that the Town Board of the Town of Enfield declare the 1972 Ford Cinder truck as surplus with a value of $200.00. Discussion Vote - Supervisor Owens aye. Town Councilpersons Stevenson, Roach, Switzer aye. Town Councilperson Gumaer was absent. Enfield Volunteer Fire Company Low Interest Loan Application Enfield Volunteer Fire Company’s Attorney James Baker It is his understanding that at the January 16th, 2002 Public Hearing on the fire company’s low interest loan application to do some improvements on the fire hall that the board voted on a resolution authorizing the supervisor to sign a Form of Approval of Purchase by Elected Representative of Political Subdivision Contracting for Firefighting Services. Attorney Baker’s question was whether the meeting had been properly advertised to allow the board to do business, take votes, things like that, there was nothing in the notice published for the public hearing that would authorize the board to do that so Attorney Baker asked that the resolution be put on to- night’s regular town board meeting so we can be extra safe and pass the resolution again authorizing the supervisor to sign the Form of Approval of Purchase By Elected Representative of Political Subdivision Contracting for Firefighting Services. Supervisor Owens asked Attorney Baker that if in his opinion the way we published the notice for the public hearing was done legally. Attorney Baker – Yes, yes, the public hearing notice was fine. The public was given notice of what the issue was going to be, where it was going to be, when it was going to be and the public could make comments on the issue. So that advertisement was proper, but the only thing that notice allowed the board to do was to convene and hear comments, not to conduct business and vote. Supervisor Owens asked the board how they wanted to proceed, how did they want to deal with this. Regular Town Board Meeting Minutes 2/13/02 5 Bill Mather asked if the other part of the issue could be cleared up? Supervisor Owens advised Attorney Baker that there was a concern that for some reason the Town of Enfield should have been the one that produced the notice that was published in the legal section indicating the public hearing was going to take place not the fire company Attorney Baker – All that is required is that the notice be public, time, place and purpose. Supervisor Owens asked the board if there were any objection to move on and vote on this resolution. Town Councilperson Roach – Some of the things we talked about as a board when we were going to advertise the public hearing was how we didn’t think the town should bear the costs, all the things we covered were the reasons we did it. Personally from the judgment I have, I like the idea of price versus the common sense thing, the end result of it is to the taxpayer, as a taxpayer, that piece. Motion made by Town Councilperson Roach, seconded by Town Councilperson Switzer that the Town Board of the Town of Enfield authorize the supervisor to sign the Form of Approval of Purchase by Elected Representative of Political Subdivision Contracting for Firefighting Services.(See attached.) Discussion Vote – Supervisor Owens aye. Town Councilperson Roach aye. Town Councilperson Switzer aye. Town Councilperson Stevenson abstained. Town Councilperson Gumaer was absent. Enfield Community Council – Supervisor Owens Supervisor Owens reviewed the Enfield Community Council’s written report. Enfield Volunteer Fire Company – Fire Chief Stevenson Fire Chief Stevenson reviewed the fire company’s quarterly report orally with the board. Cemeteries - Supervisor Owens Cemetery caretakers met with Clark Marshall. On Saturday, March 9th, 2002 they are going to tour the cemeteries and set priorities of work that needs to be done. Meeting at Christian Cemetery at 9:00 a.m. Code Enforcement – Code Enforcement Officer Ron Clark Water complaint, good results with landlord. Complaint resolved. Did some addressing. Named and numbered driveway off N. Applegate Road 45 Decann Drive (owner named). Regular Town Board Meeting Minutes 2/13/02 6 Code Enforcement Vehicle Purchase – Councilperson Stevenson Based on discussion at last board meeting Councilperson Stevenson investigated the purchase of a vehicle from the state contract for the Code Enforcement Division. We discussed a four- wheel drive sport utility vehicle. The least expensive four-door vehicle with a rear hatch back type tailgate was a four door Chevrolet Blazer and it was listed at $19,253.00 on state bid. Vender for that is Houslton Chevrolet in East Rochester with a delivery allowance schedule of $90.00. Options to be included in the quote were factory code VM8 package which includes a rear window defogger, floor mats, mud flaps, back up alarm, and an amber strobe light. Total cost from base price of vehicle, including delivery allowance schedule fee and options asked to quote is $20,084.00. Councilperson Roach From the discussion at last board meeting about getting a vehicle at $7-8000, having to put a lot of money into it, having it rust out in a couple of years and the transmission going if we go this way its something we won’t have to worry about probably for 8 – 10 years. Low mileage vehicle, probably five-year warranty. Supervisor Owens – Fiscally looking at line 9950.0 which has $55,000 in that we have put aside for improvements. It can also be considered infrastructure. 9950.00 is a holding line, last year and year before at the end of the year what we had left on that line we transferred into the Capitol Improvement Fund. You can use 9950.0 for up to twelve months, then you have to move the money out, I am purposing we take from 9950.0 $20,084.00 and move it into Code Enforcement Equipment 3010.2. Motion made by Councilperson Roach, seconded by Councilperson Switzer that the Town Board of the Town of Enfield approve the purchase of a 2002 4door LS 4x4 Chevrolet Blazer on state bid for $20,084.00 and transfer from 9950.0 $20,084.00 to 3010.2 to cover the purchase of the Code Enforcement vehicle. Discussion Discussed need of an official vehicle for the Code Enforcement Division to use. Code Enforcement to become more involved in a day- to- day bases in the town, act more, be pro-active. Town not in process of hiring a couple of Code Enforcement Officers, but creating a professional Code Enforcement Division within our town government. Prior to the first of the year the work requested to do never required that a certain number of roads or a certain number of miles of road be traveled where there is no this requirement. Travel itself would cost the town something whether the town reimbursed mileage for personal vehicle use or absorb that expense in a town owned and operated vehicle. We can’t overlook the professional appearance that the Code Enforcement Division and town will make by using this vehicle as opposed to a personal vehicle. Work becoming more proactive and will cause the town to take in more fee, building permit fees and fines. Regular Town Board Meeting Minutes 2/13/02 7 Looking at town’s fee structure compared to other towns and if feasible raising town’s fees. Not a luxary, a necessity. Creating a town seal for town vehicles. Vote – Supervisor Owens aye. Town Councilperson Stevenson aye. Town Councilperson Roach aye. Town Councilperson Switzer aye. Town Councilperson Gumaer was absent. Economic Development – Chair R J Switzer Met informally with County Planning, discussed where we want to head, what we want to look into. Talked about use of HUD. Coming up with a business directory for town businesses. Community Family Development Committee – Chair R J Switzer Met with Dan Walker, discussed viability to remodel town highway garage into a working community center. 2/1/02 meeting held, we discussed the need for a town community center and discussed what community groups could benefit from a community center. Currently looking into the needs of the community versus the space we have to work with as well as what town facilities will be needed. 3/26/02 committee convening to put thoughts and ides together. 5/7/02 Committee touring other municipalities community and town hall facilities. Highway Facility Development – Chair Greg Stevenson Committee – Chair Councilperson Stevenson, Supervisor Owens, Highway Superintendent David Miller, Councilperson Roach and Planning Board Chair Rick Chase. Meeting Monday, March 25th, 1900 hours at the Community Building. Rural Development Community/ Facility Development/Highway Facility Development meeting next day. Water Resources - Report by Supervisor Owens Committee is Chairperson Gumaer, Supervisor Owens, Alice Linton, Roy Barriere, Darrel Clark. Kate Hackett Water Resource Specialist from County Planning came out and gave a brief overview of what the water in town looks like. Showed graphs and pictures indicating were acquifilters are and areas of concern. Regular Town Board Meeting Minutes 2/13/02 8 Budget Transfers - 2002 Budget Supervisor Owens purposed the following 2002 budget transfers. . Motion made by Councilperson Stevenson, seconded by Councilperson Roach that the Town Board of the Town of Enfield approve and authorize the supervisor to make the following transfers from the 2002 budget. Contingency A1990.4 $600.00 to A1010.4 Town Board Contractual to assist in cost of training in New York City. DA9055.8 Disability $18.32 to DA9060.82 Medical Insurance Discussion Vote- Supervisor Owens aye. Town Councilpersons Stevenson, Roach and Switzer aye. Town Councilperson Gumaer was absent. Bills/Reports Supervisor Owens presented monthly bills for payment. Motion made by Councilperson Stevenson, seconded by Councilperson Roach that the Town Board of the Town of Enfield authorize the supervisor to pay General Fund vouchers #24 – 50, dated 2/13/02, in the amount of $7,768.28. Highway Fund vouchers #6 – 15, dated 2/13/02, in the amount of $4,654.66. Small Cities (HUD) Grant #3, voucher 32 dated 2/13/02, in the amount of $613.67. Enfield Volunteer Fire Company SDF-1, voucher #2, dated 2/13/02 in the amount of $75,000.00. Discussion – Loader paid off next month. Vote - Supervisor Owens aye. Town Councilpersons Stevenson, Roach and Switzer aye. Town Councilperson Gumaer was absent. Approval of the Minutes Supervisor proposed that no action be taken at town board meeting on approving the minutes unless a correction or amendments is requested. Responsibility of town board members to read minutes. Revisit at next meeting. Planning Board – Chair Rick Chase\Working on Noise Ordnance, which is in completion and should be able to be brought to the town board for review before the next meeting. Working on amendment changes in wording on Site Plan Review Law, ready to present to town attorney for input and expect to have for next town board meeting. Need to advertise for new Planning Board members. Old/New Business Job description Town Hall/Community Building – Job description presented by Councilperson Switzer was reviewed by the board. Copies of job description to be sent to Art Covert and Phil Grover for their review and input. Job description needs fine tuning. Regular Town Board Meeting Minutes 2/13/02 9 Internet Access Town Hall – Councilperson Switzer Same as last months report. Monthly access fees $39.99 for up to three separate accounts. We need to purchase a high-speed cable modem at $120.00. Need to install a newwork to be able to use more than one computer on the modem. No charge to install cable internet access in the town hall and we will have free access to cable at town hall Policy and Procedures 200.2 Health Insurance for Retirees At the last meeting we purposed that after ten years of consecutive years of service to the town full time employees retiring be changed to twenty year of consecutive service to the Town of Enfield shall be provided by the Town Amended to read Health insurance coverage for full time employees retiring from the town, with a minimum of twenty consecutive years of service to the Town of Enfield and no less than fifty-five years of age, shall be provided by the Town Discussed Our health insurance policy being very liberal. Liberal policy such as life time health insurance after a small amount of time, such as ten years of service is probably not fiscally logical. Twenty or more years retirement are the norm. Motion made by Councilperson Roach, seconded by Councilperson Stevenson that the Town Board of the Town of Enfield approve the adoption of the updated Policy and Procedure Manual as amended on February 13, 2002. Discussion Vote- Supervisor Owens aye. Town Councilperson Roach aye. Town Councilperson Switzer aye. Town Councilperson Stevenson aye. Town Councilperson Gumaer was absent. Security of Mail Supervisor purposed replacing mailbox with a mailbox that would need a key to open and individuals would have their own locked mailbox. Motion made by Councilperson Roach, seconded by Councilperson Switzer that the Town Board of the Town of Enfield approve the purchase of a twelve/fifteen slot security mailbox for the town at a cost of $1375.00. Discussion Vote- Supervisor Owens aye. Town Councilpersons Roach, Stevenson and Switzer aye. Town Councilman Gumaer was absent. Regular Town Board Meeting Minutes 2/13/02 10 Recreational Partnership Agreement Supervisor asked for authorization to sign Recreational Partnership Agreement. Motion made by Councilperson Stevenson, seconded by Councilperson Roach that the Town Board of the Town of Enfield authorize the supervisor to sign the Agreement for Intermunicipal Cooperative Recreational Partnership. Discussion Vote - Supervisor Owens aye. Town Councilpersons Roach, Stevenson, Switzer aye. Town Councilperson Gumaer was absent. Community Center Revitilization - Helen Hetherington Meeting and working on matching grant proposal for the Center. Chosen to the degree what we have invisioned. Welcome signs coming into Enfield, flower containers, light poles and fixtures. Ready to order six poles and fixtures. Contract for Professional Services Supervisor asked for authorization to sign a contract with Carlson Associates to write Small Cities (HUD) Grant application. Motion made by Councilperson Stevenson, seconded by Councilperson Switzer that the Town Board of the Town of Enfield authorize the supervisor to sign the contract for professional services from Carlson Associates for preparation of 2002 Small Cities (HUD0 Grant application as presented with Carlson Associates here and here after referred to as the consultant. Discussion Vote - Supervisor Owens aye. Town Councilpersons Stevenson, Roach, and Switzer aye. Town Councilperson Gumaer was absent. Other Business Town Councilperson Roach Questions about some of to-nights discussions, thinking about fire company loan application and what the end result is versus what the town board talked about and who should pay for the advertising. We go through all that and what the outcome is, is really nothing, the intent was to do the right thing. I want to share with everybody that I think I did the right thing, in my opinion, not looking out for my own welfare, but the people I represent. Town Councilperson Stevenson Doesn’t understand some of the issues. Some thing fire department was taking up because town was interested in it. I think it was equitable and fair the fire company pay for it, if you subscribe to the premise that the money that goes to the fire company is tax money anyway then regardless of whether the town paid for it or the fire company paid for it, the taxpayer ultimately would be paying for it. So the distinction that separates those two is all most transparent. The taxpayers have paid to put that public hearing notice in the paper. Regular Town Board Meeting Minutes 2/13/02 11 Supervisor Owens Attorney Baker’s opinion was and stands that we followed the correct legal procedure, he provided documents to me on the law that indicated he was following the correct procedures so other than perhaps, Bill not seeing it Jim Baker’s way, the fact is any further dispute is going to cost the taxpayer, through the use of the town attorney and Jim Baker. No purpose to continue unless it is required to continue. At this point not presenting it to Scott Miller unless I hear further and in which case if she is approached through legal counsel and then she will refer them to Scott Miller. We have no other recourse at this time. Councilperson Roach On the Record. The attorney that was here tonight, Mr. Baker, when asked the question and someone from the public said they talked to my attorney, he said that’s all fine, my statement stands. So when the attorney repeated what he said I don’t see it as being an issue, how can we as the town board not go along with the attorney. Adjournment Motion made by Councilperson Roach, seconded by Councilperson Switzer that the regular monthly meeting of the Town Board of the Town of Enfield held February 13, 2002 adjourn. Discussion Vote – Supervisor Owens aye. Town Councilpersons Roach, Stevenson, Switzer aye. Town Councilperson Gumaer was absent. Meeting adjourned at 9:40 p.m. Respectfully submitted, Alice Laue Town clerk