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HomeMy WebLinkAbout5-8-2002 Enfield Town Board Meeting.pdf DRAFT TOWN OF ENFIELD REGULAR TOWN BOARD MEETING MINUTES WEDNESDAY, MAY 8TH, 2002 6:30 P.M. The regular monthly meeting of the Town Board of the Town of Enfield was held Wednesday, May 8th, 2002 at the Enfield Community Building, 182 Enfield Main Road, Ithaca, N. Y. at 6:30 p.m. with Supervisor Owens presiding. Present: Supervisor Jean Owens; Town Councilperson Greg Stevenson, Town Councilperson Mark Roach, Town Councilperson Pat Gumaer, Town Councilperson Ron Switzer. Other’s present were 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 – Peggy Hubbell asked what speed limit was by the school when lights weren’t blinking? Supervisor answered best to go 25 m.p.h. Peggy Hubbell asked do all the committees submit minutes to their meetings? Supervisor Owens answered clerk who has been helping out taking minutes we haven’t been able to get a hold of for the last six weeks and we are looking for a replacement so not all the committee meeting were recorded as we would like. Bill Mather – Iradell Road Is it the intent of the board to vote on whether or not they are going to install street lights tonight? Supervisor Owens answered – Tonight we are looking at the contract we would be signing for that. Bill Mather – Does that mean yes or no, you would vote to night to accept it or not accept it? Supervisor Owens – That’s correct yes we would. Bill Mather – Then I would like to suggest to the board a couple of things. I would like to urge you to delay that decision. I don’t think you can make a decision on a $20,000 financial impact isolated from the rest of what’s going on. Think about it. The school district, if you are in Ithaca you are in the low 5% increase, in T-burg you are in the high 5%. You know your fire department rates is going up contractually 5.3%. The county is going to get us at least 10 if not mid teens. Start adding that up and putting it in your tax bill and then we have Enfield. Regular Town Board Meeting Minutes 5/8/02 2 The town needs to do what it needs to do, so I went through and looked at the history of the town’s assessed valuation. I projected that out with the regression, and you are only growing a couple of million bucks a year, which sounds like a lot but it is insignificant compared to what other town’s are doing because we lack the infrastructure to support all kinds of fancy growth. The bottom line is, if you do nothing more than level fund what programs you are doing now, if you take the normal insurance hit and that is hokes-pokes and I agree with you there, but you know you are going to get dinged on insurance, like everybody else. Health insurance has gone up and ours is going to go up too. If you look at all the other costs you know are going to escalate, utilities, gasoline, fuel, everything that’s going up, right now I don’t see anyway on earth if you continue to fund the things that you are that you are going to get by with less than 9 and more probably a 11% increase in town taxes without the street lights. So what I would like to suggest to you all is that you take the time to do a forecast of what is going to happen financially in this town and consider your street light project in that context because frankly I don’t believe it’s the time to be doing any discretionary spending when you know you want to put together a building. Putting the streetlights up before you get the buildings, even if you bond your buildings, you have to pay for them. It’s like putting the cart before the horse. I just think the sequence is out of whack, I would like to urge you to delay making that decision, review your contract, get your ducks in a row, but you need to look at it in a much larger context or it may come back to bite us badly. Instead of looking at a 9 or 11% you could be looking at something far more hefty because you not only have to put them in, you have to operate them. You only have $2,500.00 in lighting this year. The grant was how many thousand of dollars? Supervisor Owens answered – Close to $5000.00. Bill Mather – So that is roughly one quarter of the cost, I don’t think we have that kind of discretionary $15,000.00 coming from anywhere right now. Second issue – While doing this I took the time to look at the supervisor’s reports for the first three months of this year against the abstracts for the General Funds. When the board approves an abstract it says what is on that abstract is precisely what is approved. You classify your bills into accounts and are charged against various accounts and you get back a supervisor’s report that shows you. Folks, they don’t gibe, you are approving fund expended in one account and in fact it comes back later in a different account. That by itself could just be a bookkeeping problem, it does not close, the bottom lines don’t close. Then I got really concerned and I went back and looked at the annual report for last year. I took the total General Fund approved purchases, approved by the town board and totaled them. I then went through the annual report and looked at where those numbers should go, there is $11,000.00 difference. There was $11,000.00 more spent then approved on the abstracts. Regular Town Board Meeting Minutes 5/8/02 3 This is excluding payroll because you don’t show payroll on the abstracts. Some portion of that may very well be how insurance was handled, whether or not it was put on an abstract or not on an abstract. So we will have to go back through and look at item by item, abstract by abstract. But, I have to tell you quite frankly I am not trying to be a nuisance about this, historically this has been a problem. Accordingly I have sent what I have come up with to the state Comptroller’s Office and asked them to send someone down to do a detailed examination of that. It is not traditionally part of your normal audit. The arithmetic part of your annual report was flawless, but the authorization to make those expenditures has to be there. Just as when you approve your bills tonight the clerk will be told they are authorized to pay bills 1-10 for the total amount of, nothing else and what we have is something else It maybe 100% legitimate what the purchases were, I am not saying they were illegitimate purchases I am saying the procedure was circumvented, therefore, the board was preempted from having any ability to exercise checks and balances. Without checks and balances you do not have a representative government you have a monarchy. Thank you. Supervisor Owens – Thank you. I welcome any kind of an audit. Will be very happy to have any audit. We did go through a three-week audit in September. Welcome any kind of audit. I have never issued a check that was not authorized by this board. Bill Mather – Jean, it just doesn’t balance, so we have to find out why. Supervisor Owens – It could be an accounting confusion on your part as well. I very much welcome any kind of state auditor; they can look at anything any time. Town Councilperson Stevenson - Do you have a copy of what you sent to the comptroller’s office or your information you are citing that the board could have? Bill Mather – If you prefer I will have my attorney send it directly to your attorney. That was how I was told to handle it. Town Councilperson Stevenson – O.K. I was just curious, you are presenting information to the board, but Bill Mather – I am just telling you what we are doing I can’t come out and say someone took money. I don’t think anybody did. My concern is not that the $11,000 was misappropriated, I don’t think it was, but I think the procedure was circumvented either intentionally or unintentionally, but historically this happens so often that I believe there maybe some intent. So what we need to do is button up the procedure so that the board has the ability to review things. Regular Town Board Meeting Minutes 5/8/02 4 Let me give you another example. You have a dumpster operation going on out here. When did the board authorize that? Did the board vote to do that? When? What meeting? There is no record in the minutes, that that was authorized by the town board. Therefore, how are you going to going to pay for it? (None of Mr. Mather’s questions were answered by board members.) You are going to get the bills after the fact and pay for it. The procedure was circumvented. My argument is not with whether or not the clean up is a good idea. My argument is that you are circumventing the procedures routinely and that preempts checks and balances. Remember the night I told you about vicarious liability. It happened to be that your insurance agent was here nodding his head the whole time I was telling you when you do those kinds of things it is not the town that is on the hook, folks its you guys personally. So we have the same kind of problem, we take something that is good and useful and we ruin it by doing that, this is a good thing, no argument, but you have to follow procedure. Town Councilperson Roach – I have a question. You contacted auditors; right, to have a positive audit done. But then you came to the town board and told us what you had done. To me, from the community I came from you do that the other way. I am trying to understand a whole bunch of things and actually am way out of line asking this, but just a young guy, but to me in a community you should come to the town board with you concerns and say I think something is wrong with this. So if I could speak as a resident and a town board member to me it just doesn’t feel right to me. You mentioned a couple of things that didn’t feel right but you weren’t sure and maybe you made a mistake or whatever, but I take it another way, I take it as a personal attack. As a resident of this community and you don’t have your facts maybe or maybe you don’t I am saying from my stand point and I am saying this as part of the Enfield community that when you have things it would be ideal if community members would come to the board and say I am concerned as a resident of this community and I think there is a problem with it and to me its backwards and as a resident of this community I can say that to you that there is a disagreement there. Peggy Hubbell - I have sat and asked questions many times and gotten ignored. If you aren’t going to answer the questions you find a place that will answer them. Committees and Reports Highway Department – Superintendent Miller submitted a written report. He was busy with the rabies clinic and the clean up Put in three drive way pipes, serviced the roller and tractor and trucks. Took spreaders out of trucks, washed and oiled them for the summer. Patched pot holes, hauled stone and gravel. Town of Ulysses helped for four days hauling the stones. Started grading on Fish Road trying to get ready for dust oil when the weather permits Regular Town Board Meeting Minutes 5/8/02 5 Code Enforcement – Ron Clark - Tremendous response on the building permits that were left open dating back to 1993. We sent out 96 letters, got 60 replies. 44 closed out as completed, 10-12 that need to be renewed. Issued several new permits for houses. Ed Hetherington – Checking roads to see what we can find. Found some places in the process of building and talking with the owners. Had a water complaint and a fire alarm complaint that have been addressed. Town Councilperson Stevenson- Possible Code Enforcement meeting May 15th 6:30 - 8:30 p.m. Process of continuing to set up Code Enforcement Office and vehicle are on going. Currently have had the opportunity to take the last of my transitional training for code enforcement. New code coming into effect in New York State will really put a burden on our code guys who will be doing public education on our behalf. They will be working hard the last six months of the year on public education as it relates to transitioning from the current N. Y. Uniform Fire Prevention Code to the International Code. Fire Company Right of Way Supervisor Owens stated the issue is with the rights of way. Town attorney has reviewed paper work being presented. Fire Company Attorney Baker - When putting papers together to close on money being borrowed updated abstract and title and found discrepancies between where rights of ways are described in the deed and where they are actually on the land. Bank would be more comfortable with the loan if the rights of way were re-described so they coincide with the asphalt and gravel. Attorney Baker presented Right of Way Modification Agreement paper, survey map and two Combined Real Estate Transfer Tax Return and Credit Line Mortgage certificates (TP584) that have to be filed with the County Clerk. (At Town Clerk’s request Attorney Baker is to furnish the Town Clerk with signed copies of all the documents at time of closing.) Survey map reviewed by board members. Motion made by Town Councilperson Roach, seconded by Town Councilperson Gumaer that the Town Board of the Town of Enfield approve the Right of Way Modification Agreement granting rights of way between the Enfield Fire Department and the Town of Enfield and authorize the town supervisor to sign the two TP584 forms and also sign the Right of Way Modification Agreement. Discussion – Vote – Supervisor Owens aye. Town Councilperson Roach, aye. Town Councilperson Gumaer aye. Town Councilperson Switzer aye. Town Councilperson Stevenson abstained. Water Quality Committee – No report. Regular Town Board Meeting Minutes 5/8/02 6 Economic Development – Ron Switzer Met twice last month. First meeting with Morton Builders to discuss different options for community facilities, highway facilities. Met this week to discuss different avenues of economic development. Discussed town mailing on business development classes or training, no response. Discussed identifying local businesses by using dog census taker. Community Facility Development – Ron Switzer Started putting down on paper what community may need, what the residents may need in a community facility along with town offices. In next couple of months visiting other communities to see how they do things. Highway Facility Development – Mark Roach Spent a lot of time researching the value of surplus equipment. No Kelley blue book like there is for cars, to find the value. Haven’t a recommendation for the highway superintendent. He is going to decide on whether to go to auction or up for bids. Supervisor Owens when he discussed it with her, he suggested just advertising it in the newspaper and see if he gets any takers. See what the offers are and reserve the right to refuse offers. Need to put a value on it and take bids, if bids not liked send to auction Motion made by Town Councilperson Roach, seconded by Town councilperson Switzer that the Town Board of the Town of Enfield authorize the highway superintendent to advertise for accepting bids on the equipment that he wants to dispose of reserving the rights to refuse or reject any or all bids as he or the Town Board sees fit. Discussion- Vote – Supervisor Owens aye. Town Councilpersons Stevenson, Roach, Gumaer, Switzer aye. Town Councilman Roach as far as the highway facility I want to speak about the momentum and positive direction as far as cleaning up inside, they organized the bench and if you look behind the highway garage you will notice how things are arranged neatly and professionally. Not only have I noticed this, but heard others speak of this in a positive way. Highway Facility – Greg Stevenson Committee met twice the past month, both times to tour other town’s highway facilities. Visited Town of Danby and Town of Tyrone. Discussed with respective highway superintendent’s the things they like and don’t like about their buildings. Why they did what they did and what they would do different. Generally fact finding trips, more said trips anticipated in the next couple of months. Regular Town Board Meeting Minutes 5/8/02 7 Fire Department - Fire Chief Stevenson Written quarterly operations report distributed and reviewed by Fire Chief Stevenson. Quarterly financial report forth coming. New/Old Business Vital Communications Letter from Vital Communities Initiative (Countywide Comprehensive Plan) reviewed. Board members to E-mail their comments to them. Assessment Grievance Day – Tuesday, May 14th, 3-6 p.m. Town Hall. Summer Intern Project – Supervisor asked the board’s consensus on two different intern projects. (1) Our intern Leslie from City and Regional Planning is going to be leaving in June. Planning Board found her involvement helpful. Intern we can put to work on facility development projects. If this board would like I can contact City and Regional Planning to see if they have an intern interested in working with us. They paid half; we paid half for around $1200 – 1300, worked for six weeks. Town Councilperson Switzer – If we can do that, it’s a good idea, we can put them to good use. Town Councilperson Stevenson - Past and recent use of the interns has been very helpful. In the different aspects of what I have done on a committee level I would like to see us at least inquire about the availability of an intern. Town Councilperson Gumaer – I see it as a win-win situation. It helps them with finances; their next step is out in the work field. Town Councilman Roach - I would like to see Rick’s perspective on what he exactly needs to have done. And any other needs on paper to say this is what we need that person for before we finalize it. Are there guidelines for what we are paying for, what they produce or is it like an honor system? How do you judge that? Are there any guidelines up front when they come here that this is what is going to be expected and here are the initiatives and here is the end result of the six- week work period. Regular Town Board Meeting Minutes 5/8/02 8 Supervisor Owens – Under professional supervision. Last year we developed a concept of what it is we want to see them do. Both interns selected by the staff at City and Regional Planning. Paid a flat fee. Need to get our name in. (2) Roads Surface Management Systems Summer Project RSMS is an extension activity through Cornell University Local Roads program with the assistance and financial support of the Department of Agriculture, Biological Engineers at Cornell, N. Y. State Department of Transportation and General Highway Administration. Municipality to send a letter on municipality letterhead to Cornell Local Roads program by end of September stating their intention to participate in this program. Stating in letter the municipality agrees they will meet all the responsibilities and will have all the necessary equipment, training to be held in late May. Supervisor Owens expressed need to talk with highway superintendent about this. Does the board think we should take advantage of putting together a Road Surface Management System for the Town of Enfield with the assistance of an intern? Town Councilperson Roach – Needs ground work. Roads Surface Management System Summer Intern Project is designed to help municipalities implement a network level pavement management system. College to work for the municipality employee responsible for maintaining the system using the RSMS computer program. Student collects pavement inventory and condition data and creates a five- year maintenance plan for a municipality. Supervisor Owens suggested we throw our hat in the ring to see if its something we would be interested in doing. Supervisor to check into this further. Street Lighting Project Supervisor presented all the information with the proposal along with a summary. Response from Town Attorney Miller concerning Councilperson Switzer’s question about a signed release from residents where poles are being put up. Town Attorney advised that pertaining to Town Law Section #63 (19) Town Board is authorized to contract for the lighting of improved state highways and county roads. Also, the contract must be limited to a period not exceeding ten years after which a new contract must be drafted and in-acted on by the town board. (Supervisor believes this is for lighting districts.) Town Attorney advises that it appears that since the lighting is going in the state right of way the town board does not need to enter into any agreements with property owners. Naturally it maybe a good idea to send out some notice of when the work is to begin and scheduled to be finished. Regular Town Board Meeting Minutes 5/8/02 9 Councilperson Gumaer – Question, what is Councilperson Switzer’s concern about releases? Supervisor Owens - We don’t need signed releases from property owners. Councilperson Gumaer – So they just have to deal with it. Supervisor Owens – In this case we have talked with them all. Gone around and talked to them all. Councilperson Gumaer – O. K., we might be able to say well we can do this because we can but we don’t want to do it in error. Concern was people might change their minds after seeing it up or something? Councilperson Switzer – That, after construction begins they may change their mind and decide they don’t like us ripping their yard up. Supervisor Owens – Thing of it is, we should be replacing it. According to our project part of description included with Carpenter Excavation is that after he did work it would be packed down, reseeded, hand raked and whatever. Councilperson Gumaer – Actually not thinking about just that, it will grow back. Thinking more about once the lamp is up I don’t like this idea. Supervisor Owens – I hope they will be very excited. Councilperson Gumaer – It is a safety thing, we do need lights in that area. Supervisor Owens asked for comments from Helen Hetherington a committee member. Helen Hetherington – I feel very positive about all of it. Granted its an investment the community is making but it’s a good investment, may be the beginning of the future of what is to come down the road, with all the other things that are going to materialize in time. So this is just a little part, a little of the investment to come down the road. On a safety issue this is probably the biggest part of it which is what we wanted initially to happen. Supervisor Owens in answer to Councilperson Stevenson’s question. How much it would cost to operate these. All six lights about $32.00 a month. Trying to average how many hours a day they will be run, because with a photo-eye they will be coming on at different times, depending on when it gets dark, so could operate one light for eight hours on one kilowatt. Councilperson Roach – Paul Carpenter Excavation what is this? Supervisor Owens – That is his estimate including Griffen’s estimate for the missile used for going underneath driveways. Paulie wrote it up as one sheet. All of these have provided certificates of insurance naming the town as additionally insured. Supervisor Owens - $32.00 a month Councilperson Gumaer – Individual lights, what would that do to taxes? Supervisor Owens – There wouldn’t be any impact. Councilperson Roach – Another question and am asking Greg to look it up. The amount of some of these item, does that require we need multiple bids? Supervisor Owens – We got two initially. One from Finger Lakes way over the cost. Shisler bid the estimation about $1200.00 more for the actual installation than Pleasant Valley. Regular Town Board Meeting Minutes 5/8/02 10 Councilperson Roach – Off the top of your head, do you know what the figure is in the blue book, how many bids you have to have over a certain amount? Supervisor Owens – When you are looking at public works $20,000. $10,000 for normal general. Councilperson Switzer – What line would Supervisor Owens – Line 8950.4 – Capitol Improvements. Not in the dedicated fund, but a line setup for construction. Same line used for Code Enforcement. Councilperson Stevenson - Best not to act tonight. Need to look at lighting district where people who directly benefit from the lights pay for them. Councilperson Roach - Make a motion we approve the lighting project putting something in a motion that if future lighting initiatives develop we can come back and revisit all lighting districts. I know how much work the committee has put into this, but on the committee weren’t just residents that live in this area, it was residents throughout the community. And, the meetings I sat in on I didn’t hear a lot of opposition from people who lived outside of this area. They looked at it as more of getting the project going, something tangible, to get started, to get the momentum going for other things, to get something started for the fruit of their labor, so that they could get something that felt like something was happening. I heard in the meetings I attended from several folks that they spent all this time doing all this stuff and it was time the tires hit the road and lets get something going or otherwise I am not going to give any more time. We’ve got to do something here. Talked lights were a big one, road signs another one and I think this is an initiative where we can give them something when they are done and start the process. I also agree that in this area safety concerns with the community buildings here, community building, fire department, town hall, that lights are more of an issue for safety. I don’t know how to word the motion to not lock us in if the town changes directions or more lights are available. Say, if someone comes in from Porter Hill Road and says I want a light in front of my house I don’t want to make a blank statement saying anybody that says they want a road light in front of their house that the town is obligated to do that because we have done it in another area. I don’t know how to protect us from that, but that would be my only concern as far as putting it into a form of a motion. For the protection that we are not making a blank statement we are going to put lights in other areas of the community, I am not saying that. Gives the Center some identity, the Town of Enfield, the Center start that, I am for that, I am not for putting lights in other areas, I base that on just because it’s the Center of Enfield, its giving it some identity, I drove thorough Enfield the other day and I noticed the lights things, you guys are moving things, are progressing. Also when I leave the town board here shortly I want to be able to say this town board accomplished some tasks and pushed us into the new area of being, able to accomplish things instead of saying o.k. we had four more years of the board and what’s different. There is all that tied into it. As far as being on the board for my efforts compared to the efforts of the committee there is no comparison. They worked hard, they worked long hours, so how can I protect the town in a form of a motion? Regular Town Board Meeting Minutes 5/8/02 11 Supervisor Owens – I don’t think passing a motion for this particular project ties you into anything. Councilperson Roach - So I would like to make a motion we continue with the lighting project for the Center in accordance with this proposal. Seconded by Supervisor Owens Discussion Councilperson Gumaer - Can we make it pending research into warranties? Supervisor Owens – Certainly, the committee worked extensively to make sure it was an appropriate fixture, my understanding there is very low maintenance kind of thing, about every five years replacing the photo-eye and whatever else. Helen Hetherington - There is warranties on them. From my understanding the lights that are going for the community have nothing to do, there definitely needs to be lights at many of the corners and in the town which also comes under another program. They are definitely going to happen, lights in other areas, so Supervisor Owens – You mean at intersections. Helen Hetherington – Uh huh. Supervisor Owens – We were trying to identify those intersections, that were the most hazardous and right at this point I don’t know where we are in that process. Councilperson Roach – I agree if there are unsafe intersections and things I think that also would be a town responsibility not necessarily a lighting districts responsibility, due to safety. Supervisor Owens – We certainly need to contact the state and county to see where they are with those too. Councilperson Gumaer – Away from the center, should the intersection lighting issue come up are we still going to do the antique light thing? Supervisor Owens – No, no that is a totally different concept. Councilperson Gumaer – That is just for the downtown area? Supervisor Owens – Residential area. Helen Hetherington – This is something new, we haven’t done this, its all new and it’s a vision like many others things that happen and I would say that three years down the road it becomes an expense I would certainly consider a lighting district through the town, through the village instead of putting the expense on the whole town. We have seen figures of what it could be, should be, or we hope it will be right now. If it doesn’t materialize to be that, yes I would consider that it wouldn’t be for to them. Bill Mather – You can’t go back afterward and create the lighting district. You can’t do that. Once you put them in, its there, you bought it, you can’t go back to the person across the street and say O.k. by the way we are going to create a lighting district and you are going to pay for those now. Regular Town Board Meeting Minutes 5/8/02 12 Supervisor Owens – The actual cost of what we have been quoted is the cost of running these. It would cost more for the manpower to issue billings and bring the money in. It would not be a cost effective process. Councilperson Stevenson – First of all it’s not that I oppose the project, its that we don’t act on a it tonight because I am a little bit uncomfortable that the written documentation that is right here isn’t exactly what is required in our Procurement Policy. I think that is simply procedural, but I think its significant so I am not comfortable on voting it up or down tonight. That we finish the work we need to do. Its written that if the project exceeds $20,000 Supervisor Owens – You see, if one company bid is that this is what it’s talking about. There are four companies or five Councilperson Stevenson – I am expressing my concern. Even by policy greater than $3,000 but less than $10,000 project which at least two of these line are, it requires a written RFP and quotes and facts from two venders. It spells out what a RFP is supposed to look like and we don’t have a RFP as spelled out in our Procurement policy. So procedurally my point is that it would be very easy to say that we made a procedural error in doing this by not having the appropriate documentation as required in our Procurement Policy. Councilperson Gumaer – Clarification as to how this project is being funded. There seems to be some not understanding from the other people about how this is being funded. Like is this a lighting district type thing or is the town as a whole paying for this project? This is not layng on the shoulders of individuals that have the lights that are being served by lights. Right. Supervisor Owens – Right. The entire town would be assuming the cost of the lights. Councilperson Gumaer – What is a lighting district and does this fall into that? Supervisor Owens – If you looked at a lighting district you would be naming specific residents that would be involved in this lighting district. So you then create a lighting district , we would bill each of those residents a certain amount for the lights. Councilperson Gumaer - So its not considered a lighting district? Supervisor Owens – Correct. Councilperson Gumaer – And, it will not be considered a lighting district. Supervisor Owens – Well, Greg was suggesting that and that was part of what that discussion was. If you created a lighting district that’s why I said if your total bills are under $400.00 for the year it would cost you far more than to bill people, send out notices, collect money. But the other discussion is that who does it benefit. In this case we are talking about it possibly benefiting the entire community in the fact it has lights up in the Center itself. Councilperson Gumaer - Its not just lights. Its beautifying the Center of our town that will benefit Enfield to its borders is the way I am looking at it. Not just the people whose houses have lights in front of it but I just want to be sure that at some point down the line that’s not going to change. Those people are not going to be shouldering paying for theses lights. Right. Regular Town Board Meeting Minutes 5/8/02 13 Supervisor Owens – Well, I mean you know its $400.00 annually.. Councilperson Switzer - First of all as Greg mentioned procedurally I am new to this, I think given what I think I can’t in good conscious move forward until we address those concerns. I was reading the RFP policy and from what I have seen there are things missing that aren’t spelled out as they are procedurally. Second, I think it would be irresponsible for this board to move forward without investigating a lighting district. Not moving the cost of the whole project onto the whole town. We need to think about that. I know it works for other municipalities, that’s what they do. But, I think we need to look at that. I am not saying that is alternately what would happen and I am not saying I am against the project as well, I think its time its done, but, I think we need to look at that Councilperson Roach – Just one thing, you mention about irresponsible to this board. Don’t quote me on the exact month but this isn’t the first time this has been brought in front of this board. The lighting district was brought up before representing some of the residents that we represent that bought it up. We should have acted six months ago. If that is the only point with irresponsibility it was before this board before. The lighting district was brought up, it was brought up six months ago and brought up tonight and we are right back where we were six months ago. So that is the only problem I have with that RJ. We’ve been asked before, we’ve have had time to do our homework on a lighting district and I am not saying for or against on what we do tonight but that is just our point you made. Am I correct in saying that, Jean. It was before this board before the lighting district issue was brought up, I don’t know how many months ago it was. Supervisor Owens – We have been actually working on it close to a year now. Councilperson Roach – Right and that probably was before your time RJ so you are not even aware of that. Helen Hetherington – I agree with you Mark, this did come up over a year ago, the lighting district. Councilperson Roach – I can only speak for myself. It my opinion that, like I stated before, the initiative, the part of the long range plan which falls, I mean there are some changes as far as the original lights to these lights, but the vision the committee came up with and doing something is important to not only me but some of the people I talked to of getting it going so people can feel that for the work they have done there is something. One thing we are asking for one thing to show for all the hard work we have done, to keep it going, to keep it growing. Now, I can’t swear to this, but if one thing happens all the people who left may say hey I want to be part of this now and all of a sudden someone drives through and says hey can I get on that but if the rumor and the things that are out there say why would you do it because we are not even going to do any thing, we spend hours and hours of our own time and what have we got. If we leave here to night and people are going to talk about it, people’s chins’ are going to drop, and say why am I doing anything. I am concerned about that because if I was on that committee and this happened I would probably say “see yah”. Regular Town Board Meeting Minutes 5/8/02 14 For the initial costs of the lights we have a grant that contributes to part of it, the $400.00 a year Jean spoke about, to the value that is going to come out of the community for safety reasons, from the committees perspective of having something happen, all that together I think in my own terminology some of this is back ground noise. In my opinion we need to do something to make it happen. With saying that I think it’s a good thing, I didn’t grow up in Enfield, I haven’t lived here that long but I think the sense of community I think it’s a huge thing that it does that, it identifies the Town of Enfield, it gives us something we haven’t got. In a lot of years something is happening, its growing, someone is paying attention. Councilperson Gumaer - I am all for that, I just want to be sure that we looked over, under, between and through and at all the ramifications that we can. Even if we looked at everything, turned every stone that we see another one is going to turn up afterwards any way. I don’t want to drag my feet any longer either, I want to get going on this, that is why I am saying is there any way to vote pending the resolution of a couple of questions that we have. Is that silly, I hate to put it off another month. Councilperson Roach – How about if I put it in a form of a motion pending approval of the Association of Towns that our RFP, what we have done is in deed correct, that if they rule its not correct would that work, what would you say? In the motion if Jean calls the Association of Towns and faxes our RFP’s and says are these RFP’s in line with procuring services and product and the answer is yes we proceed. If the answer is no definitely we don’t do it because its not legal. Question asked – Does that satisfy you, Greg? Councilperson Stevenson – No. Helen Hetherington - Do you have something personally about having them? Councilperson Stevenson, No. I am in favor of the project. Bill Mather - Your primary reason for these lights is public safety, is that correct? Primary reason is public safety. Helen Hetherington – Primary. Bill Mather – Primary?( Bill Mather was asking for any answer from the board. ) Safety more than beautification? Councilperson Roach – In my case 50-50. Councilperson Gumaer- Yeah, me too. Helen Hetherington – Primary I guess I would say 50-50. Councilperson Gumaer – Combination. Bill Mather - O.k. That’s not good. Because what will happen, could happen, is if you say any portion of this is for safety you then assumed the responsibility for public safety. And, then say we have an accident at the corner of, pick any two intersecting town roads, and some sharpie, and there are a lot of them around, goes out and files a Prior-Notice- Of- Defect for every intersection they could sue the shorts off us because you were remiss. Regular Town Board Meeting Minutes 5/8/02 15 Councilperson Gumaer – O.k. its all for beauty. That’s it, its not for safety, just for beauty. How’s that, would that work? Bill Mather It may, I don’t know, but I know if you say its for safety and you don’t prioritize those safety issues you are leaving yourself open Councilperson Gumaer - For safety were the light shines. Councilperson Stevenson – I think its just a document we are lacking, but I think our Policy and Procedure Manual it specifically sa ys what a RFP should be. I don’t, in my opinion, believe I need the Association of Towns or even Scott Miller to tell me what we have is that or not that. Currently, right now, I don’t think we have any RFP as described in our Policies and Procedures. Supervisor Owens – I am perfectly comfortable working that out with you and making sure that is in order and confirming the bids with the companies with RFP’s. Councilperson Roach – How about we make a motion in that amount, requesting RFP’s in accordance with our operating policies to obtain the end result of being concurrent with the town law? Supervisor Owens – I think that’s good. Councilperson Stevenson – I would certainly feel more comfortable to have another meeting to approve something pending. Personally would prefer to finish the work and than have another meeting to finalize and formalize the paperwork. Discussed setting another meeting date. Councilperson Roach - The only thing I am having a hard time understanding, is if this is the number we approved for the lighting project Supervisor Owens – Uh huh. Councilperson Roach - Then at that point you go out and get RFP’s in accordance and you would have the same end result, that’s the piece I am having a hard time understanding. Councilperson Gumaer – Might something come up in a RFP that would change anything? Councilperson Roach – If it came up over that, naturally you can’t do it. Councilperson Stevenson – We essentially have done a RFP already. It just isn’t in the form of a document specified in our Policy & Procedure Manual. If you take RFP, it’s a Request for Proposal. We have obviously made requests for proposals and we asked for most if not all of the things that are required to be asked for in our Policies and Procedures. It simply isn’t in a document that we can say we have and the Policy and Procedure Manual kind of says that is the form a RFP will be in. Clearly for my two cents worth we could do what other boards do and that is vote it up or vote it down. Everybody gets a vote. I clearly don’t expect the board to change its opinion about something simply because I have an issue with any one particular aspect. Supervisor Owens – We have a motion on the floor. Its my understanding we could have an amendment to the initial motion. Regular Town Board Meeting Minutes 5/8/02 16 Amendment Motion made by Town Councilperson Roach, seconded by Supervisor Owens that we approve the lighting project for $21,339.75, that we receive RFP’s in accordance with our Procedure policy and proceed. Discussion – Vote – Supervisor Owens aye. Town Councilperson Stevenson – nay. Town Councilperson Roach aye. Town Councilperson Switzer nay. Town Councilperson Gumaer aye. Three aye – 2 nays. Dog Census Supervisor Owens stated over due for dog census. How does the board feel about a recommendation from Economic Development that we tie in a dog census with creating a business directory. Who does dog census would gather information for business directory. Discussed how SPCA handled doing dog census when they did it. Questioned legality of doing the business directory canvassing along with the dog census. Supervisor to research process of the dog enumeration, likely costs and also speak with Scott Miller regarding the idea of a small business survey and get his thoughts on the legal aspects. Facility Development/Property Acquisition Supervisor Owens - Specific property acquisitions that have been talked about might need to be talked about in Executive Session. It would be very inappropriate if that individual heard we were discussing about their property before we approached them. Also want to give time to discuss where, I know RJ has some ideas, and different options on where we might be going with this, and just what we are thinking about Councilperson Stevenson- I would certainly feel comfortable in discussing the facility development and non-specific property acquisition stuff prior to going into Executive Session. The conceptual aspect is certainly appropriate for public discussion. If the board members in doing that refrain from discussing specific property . Monthly Bills Supervisor Owens presented the monthly bills for payment. Motion made by Town Councilperson Stevenson, seconded by Town Councilperson Switzer that the Town Board of the Town of Enfield authorize the supervisor to pay General Fund vouchers #112 – 137, dated 5/8/02, in the amount of $35,013.52. Small Cities (HUD) Grant #3, voucher #5, dated 5/8/02, in the amount of $264.85 and Highway Fund vouchers #27 – 38, dated 5/8/02, in the amount of $8,473.06. Discussion – Vote – Supervisor Owens yes. Town Councilpersons Stevenson, Gumaer, Roach and Switzer yes. Regular Monthly Meeting Minutes 5/8/02 17 Historical/Commemorative Motion made by Town Councilperson Switzer, seconded by Town Councilperson Roach that the Town Board of the Town of Enfield approve the removal of Attorney Bruce Wilson’s letter from the town minutes. Discussion Vote – Supervisor Owens aye. Town Councilperson Roach aye. Town Councilperson Switzer aye. Town Councilperson Stevenson nay. Town Councilperson Gumaer abstained. Clean- Up Town Councilperson Stevenson - Addressing the Clean Up which was pointed out that we may not formally have approved of I am presenting the following resolution. Clean- Up Resolution WHEREAS; The Town Board has previously discussed holding a “Town Cleanup”, and; WHEREAS: Town residences would be permitted and encouraged to clean-up their surplus and junk property and bring said property to the designated “Clean-up” repository, and; WHEREAS: It is in the best interest of the Town of Enfield to hold such a “Town Clean- Up”; and, WHEREAS: Formal Town approval is desired for this project, now, therefore; BE IT RESOLVED: That the Town Board of the Town of Enfield hereby approved conducting it’s “Town Clean-up” from Monday May 6th, through Saturday, May 13th, 2002. Resolution seconded by Town Councilman Switzer. Discussion – Vote - Supervisor Oewns yes. Town Councilperson Stevenson yes. Town Councilperson Roach yes. Town Councilperson Switzer yes. Town Councilperson Gumaer yes. Hines Road Property – Supervisor asked Paul Cowles to track down the property owner of 100 Hines Road. Property owner resides in Arizona. Supervisor has talked with property owner and if the town could find a local hauler to clean-up the property he would pay the expenses. Supervisor to obtain clean-up estimates. Town Councilperson Stevenson - Need to contact people who are reputable and capable to do the job. Have Scott Miller draw up a contract for the property owner to sign stating property owner will pay expenses. Cost for town would be paying the attorney. Benefit would be cleaning up a parcel in the town. Supervisor to facilitate cleanup. Regular Town Board Meeting Minutes 5/8/02 18 Councilperson Roach would like to publicly talk about a residence on Enfield Main Road. His feeling is that it is unacceptable and needs to be cleaned up. Owner should be contacted and asked, if not, may be next month have a new law that says you can’t do that. Have raw garbage all over, trash bags open debris all over. Councilperson Stevenson – I think this ties into the fairly long discussion we had about beautification of the town. And one of the things I said at the outset of our discussions of beautification of the Town a year ago or whenever it was that at least by not having street lights down through the center I didn’t have to see some of our more notable properties twenty-four hours a day, there was only twelve hours I had to see them when the sun was out. I think there are laws much like lighting districts used extensively by towns that are contiguous to ours and even towns near by that aren’t contiguous with ours and that’s called Zoning and those ordnances are in place in tons of towns. It’s always been a taboo subject here in Enfield. We do let people throw their garbage in the front yard. I think some issues on rental property Code Enforcement has some leverage on but a single family dwelling owner occupied in a town with no zoning there isn’t a lot Code Enforcement can do. May be it’s time we took a look at some of those. If we are truly going to talk about beautifying our town it’s time to put our necks were our mouths are. I don’t doubt a bit saying the “Z” word will get some people up in arms. As a town without zoning we can become a refuge for people who are forced away from other towns that do have. I am all in favor of town beautification butI think it goes beyond street lights and I am all in favor of entertaining some of it for discussion because I think we are past asking someone to clean up. I think there is some really ridiculous activity going on and there is no need for it. Supervisor to talk with homeowner and see if they will accept some help. Councilperson Roach – Would like to see us start working towards zoning or something in the near future. Councilperson Switzer - Would be willing, but not chair, but serve on a committee that looks into property beautification or zoning. Councilperson Roach - Part of the zoning thing could be that mobile homes that are brought in the town have to meet a certain criteria, certain age. etc. Councilperson Switzer - We need to start somewhere as we discussed heavily tonight. Councilperson Switzer volunteered to serve on a committee and Councilperson Roach offered to help. Get information from other towns who have zoning, share it and pick it apart. Facility Development Property Acquisition Councilperson Stevenson – After taking the trip to Tyrone and looking around and having the opportunity to discuss things with their highway guy and thinking out loud a little bit I think it’s pretty clear that the next step and a big step is we have to take as a town is acquisitioning some property to do what we have been thinking about and talking Regular Town Board Meeting Minutes 5/8/02 19 about and that is relocating our highway facility. A whole lot of potential town needs have been mentioned and whether they are town offices, community facilities, recreation facilities, parks, future need potential space for water or sewage treatment plant, things that may be years or decades down the road for the town. Making some of those things possible all seem to kind of come back to the common denominator of where to put it. Acquiring property to put it and I think we have progressed to the point that if we really want to make our project fly we need to acquire some property. Informally on our highway committee trips we’ve discussed acquiring some property, feelings are that we can’t sell ourselves short when acquiring property. We need more than a postage stamp to build on and another thing that always seems to come back to the same common denominator is lack of foresight. We need to think ahead about what the town may need in the next year, ten or twenty years. A lot of those things have been addressed in the Comprehensive Plan. Formally as a board we need to begin to look at parcels of property that we could potentially negotiate the ownership of. Those negotiations would take into account a whole bunch of different parameters, location, price, and availability. Councilperson Switzer - Concern with site here is that if you look hastily at directing a community facility with town offices attached it’s a small area, doesn’t leave room for growth, property is land locked, it should be town offices or community center. Response from committee - not in favor of moving community facility out of the center of town. Concept was this is the center of town, things revolve around the center, there are always things going on here. Councilperson Stevenson – Start process as a town board direct supervisor to approach some property owners and inquire about the prospect of selling the town property. As far as specific property owners, we need to consider going into Executive Session to discuss those names. Sidewalks Supervisor Owens sent in a second request for the same type of funding we got for the street lighting project. She wrote a grant request to the county. Contacted by Ed Marxs, saying they would be interested in helping us put some sidewalks in this community. If the town matched them they would give up to $3500.00 to put in some sidewalks. We would have to match the county’s $3500.00 fund. Supervisor got two quotes on sidewalks. Five foot wide sidewalks according to ADA requirements at $9.30 a linear foot. $7000.00 would get approximately roughly 720feet. Discussed where, who is going to maintain, if town has equipment t9 care for it. Motion made by Town Councilperson Stevenson, seconded by Town Councilperson Gumaer that the Town of Enfield notify the County Planning Commissioner of our intent to plan and construct sidewalks with the $3500.00 matching grant funds we have been offered with the option of canceling the project and returning the funding at the discretion of the Town Board. Discussion Regular Town Board Meeting Minutes 5/8/02 20 Vote – Supervisor Owens yes. Town Councilperson Roach yes. Town Copuncilperson Stevenson yes. Town Councilperson Gumaer yes. Town Councilperson Switzer yes. Executive Session Motion made by Town Councilperson Stevenson, seconded by Town Councilperson Switzer that the Town Board of the Town of Enfield move into Executive Session for the purpose of discussing specific property acquisition. Discussion – Vote – Supervisor Owens yes. Town Councilperson Stevenson yes. Town Councilperson Switzer yes. Town Councilperson Roach yes. Town Councilperson Gumaer yes. Moved into Executive Session at 10:00 p.m. Motion made by Town Councilman Stevenson, seconded by Supervisor Owens that the Town Board of the Town of Enfield move out of Executive Session. Discussion Vote – Supervisor Owens yes. Town Councilperson Stevenson yes. Town Councilperson Roach yes. Town Councilperson Switzer yes. Town Councilperson Gumaer yes. Moved out of Executive Session at 10:11 p.m. Adjournment – Motion made by Town Councilperson Stevenson, seconded by Town Councilman Switzer that the regular monthly meeting of the Town Board of the Town of Enfield adjourn. Discussion Vote – Supervisor Owens yes. Town Councilperson Stevenson yes. Town Councilperson Roach yes. Town Councilperson Gumaer yes. Town Councilperson Switzer yes. Meeting adjourned at 10:12 p.m. Respectfully submitted, Alice Laue Town Clerk