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Home My WebLink About3-10-2004 Regular Meeting TB.pdf DRAFT TOWN OF ENFIELD REGULAR TOWN BOARD MEETING MINUTES WEDNESDAY, MARCH 10TH, 2004 7:30 P.M. The regular monthly meeting of the Town Board of the Town of Enfield was held Wednesday, March 10th, 2004 at the Enfield Community Building, 182 Enfield Main Road, Ithaca, NY at 7:30 p.m. with Supervisor Fisher presiding. Present: Supervisor Gary Fisher, Town Councilperson Greg Stevenson, Town Councilperson Peggy Hubbell, Town Councilperson Sandra Small, Town Councilperson Larry Lanning. Also present were Highway Superintendent David Miller, Justice Betty Poole and Town Clerk Alice Laue. Privilege of the Floor Jean Owens – 800 Enfield Falls Road – Enfield Town News is an expense to the taxpayers and she encouraged reporting facts correctly. Dog complaint she didn’t feel a current dog complaint was handled correctly. Art Howser – S. VanDorn Road – Expressed his concerns regarding recent assessments and asked the town board to write a letter to the Assessment Office complaining or expressing their displeasure with the recent assessment increases. Robert Lisk – Harvey Hill Road – Would like to see the Assessment Office compare houses sold in the Town of Enfield compared with houses in the Town of Enfield not houses in Fall Creek and Cayuga Heights. Ann Rider – Halseyville Road – Enfield Community Council looking to hire a treasurer/bookkeeper. Betty Poole – N. Van Dorn Rd – She is very familiar with the dog case and if the town board or anyone would like to inquire further it was handled appropriately and the issue in regard to the Newfield Court was the correct juridical area for the charge that the individual was charged with. If anyone would like further information the court is available to answer questions. 2 Approval of the Minutes January 7, 2004 Minutes Motion made by Town Councilperson Lanning, seconded by Town Councilperson Small that the Town Board approve the adoption of the January 7, Special Town Board Meeting Minutes. Discussion Vote – Supervisor Fisher aye. Town Councilperson Stevenson abstained. Town Councilperson Lanning aye, Town Councilperson Small aye, Town Councilperson Hubbell aye. Motion carried. January 14th, 2004 Regular Town Board Meeting Minutes Last line, page one and top of page two correct litigation to mitigation. Motion made by Town Councilperson Stevenson, seconded by Town Councilperson Hubbell that the Town Board approve the adoption of the January 14th, 2004 Regular Town Board Meeting Minutes as corrected. Discussion – Economic Clearing House Committee (page 7) remove Town Councilperson Stevenson’s name from this committee. Vote – Supervisor Fisher aye. Town Councilperson Stevenson aye, Town Councilperson Lanning aye, Town Councilperson Hubbell aye, Town Councilperson Small aye. Motion carried. Audit Meeting January 20th, 2004 Motion made by Town Councilperson Stevenson, seconded by Town Councilperson Lanning that the Town Board approve for adoption the January 20th, 2004 Audit Meeting minutes. Discussion Vote- Supervisor Fisher aye. Town Councilperson Stevenson aye, Town Councilperson Lanning aye, Town Councilperson Hubbell aye, Town Councilperson Small aye. Motion carried. January 31, 2004 Special Town Board Meeting Minutes Motion made by Town Councilperson Stevenson, seconded by Town Councilperson Hubbell that the Town Board approve the adoption of the January 31, 2004 Special Town Board Meeting Minutes. Discussion Vote – Supervisor Fisher aye. Town Councilperson Small aye, Town Councilperson Stevenson aye, Town Councilperson Lanning aye, Town Councilperson Hubbell aye. Motion carried. 3 February 11th, 2004 Regular Town Board Meeting Minutes Motion made by Town Councilperson Small, seconded by Town Councilperson Stevenson that the Town Board approve the adoption of the February 11th, 2004 Regular Town Board Meeting Minutes. Discussion Vote – Supervisor Fisher aye. Town Councilperson Hubbell aye, Town Councilperson Lanning aye, Town Councilperson Small aye, Town Councilperson Stevenson aye. Motion carried. Communications Enfield Volunteer Fire Company 2003 Annual Report and last 2003 Quarterly Financial report received. Correspondence from Sprague Insurance concerning a disclosure statement which was negative as far as interest they have in the business of the Town of Enfield other than selling us insurance. Request from Cornell Cooperative Extension for 4-H Environmental Appreciation Day volunteers. N.Y. State Office of Real Property Service Residential Assessment Ratio for Administrative and Small Claims Assessment Review Proceedings on the 2004 assessment rolls. They indicate that sales from 7/1/2002 through 6/30/2003 that the residential assessment ratio was $87.92. Annual Financial Report Due March 1, 2004, Supervisor Fisher requested a sixty-day extension and was granted a sixty-day extension by the Office of the State Comptroller until May 1st, 2004. N.Y. State Department of Health correspondence concerning the issuing of same sex marriage licenses and the laws prohibiting them in New York State. Haefele TV – Received a notice that they are increasing basic cable rate to $37.95 a month and are offering live line basic at $30.95 a month. Appalachian Regional Commission meeting end of March concerning Community and Economic Development within the Appalachian region. Right Risk Management – Setting rate for Workmen’s Compensation for 2005 and requested payroll that we have so they can determine the rates. Notice of Open Houses and Public Meetings on draft of the county’s comprehensive plan. Department of Assessment requesting we establish a local advisory board for assessment review. 4 Committees/Reports Code Enforcement – Clark Fairly busy month. Received 46 phone calls, did 3 Certificate of Occupancy inspections, 3 meetings with contractors, issued one Certificate of Occupancy, did 2 stove installation inspections, checked open permits, researched on code questions, issued 2 new addresses, did 2 footer inspections, two foundation inspections, had 5 complaints on junk cars and garbage. Issues with a C O problem, family is suing the property owner. Code Officer Clark reported on automobile recycling places. Price for junk cars now is $110.00 a ton. Thernairs in Danby will pick up any car but want $20.00 a unit. H & H will pick up for nothing but must have tires on wheels. Charlie Sinclair will pick up for nothing. Highway Department – Superintendent Miller Plowing and cindering, had frozen pipes that needed thawing, serviced the chipper, one ton truck, two loaders, pick up, tractors, greased plow trucks, took new Mack truck to Harrisville to have box and plow equipment put on. Fixed washed outs and put in a driveway pipe. Weight Limits Superintendent Miller would like to put weight limits on some roads this year. One mile of Aiken Road, two miles of N. Van Dorn Road, one mile of Sage Road, three miles of Harvey Hill Road (between 327 and S. Buck Hill Rd.) Vehicle Weight Limits Town Boards may temporarily exclude from a town highway vehicles with gross weights over four ton or any vehicles with an excess of designated weight on wheel axles upon erection of signs on each section of the highway and publication of the notice in a newspaper in the county. The exclusion remains in effect until removal of signs is directed by the Town Board. County posting count y roads in the Town of Ulysses, south of Perry City Road and if this is done all truck traffic toward the Town of Enfield will hit N. Van Dorn Road. Motion made by Supervisor Fisher, seconded by Town Councilperson Lanning that the Town Board authorize Highway Superintendent Miller to post weight limits on one mile of Aiken Road, three miles of Harvey Hill Road, two miles of N. Van Dorn Road, one mile of Sage Road and that such notice of weight limits shall be published in the Ithaca Journal. Discussion – Signs to be removed upon request by Highway Superintendent to the Town Board for their removal. Vote – Supervisor Fisher aye, Town Councilperson Stevenson abstained, Town Councilperson Hubbell aye, Town Councilperson Lanning aye, Town Councilperson Small aye. Motion carried 5 Amended Highway Spending for 2004 Superintendent Miller asked for the amendment of Highway Spending for 2004. Costing more to do work on S. Buck Hill Road and Shudaben Road then first figured. Insurance Review and Revision Equipment ten years or older we would only receive actual cash value if totaled or destroyed. Three dump trucks over ten years, based on cash value over insured by $159,000.00. Some items value insured for was less than the deductible so they were dropped, i.e. steel chain saw insured for $211.00, deductible was $250.00. Snow plows insured separately and now are combined with the trucks. Total value of reduction $206,000.00. Premium approximately $5.00 per thousand, approximately $1,000.00 over insured. Limited Maintenance Roads Highway Superintendent would like to take steps to designate Butternut Creek Road, West Enfield Center Road (seasonal section) and S. Van Dorn Road between Gray Road and Bostwick Roads as limited maintenance roads. Minimum maintenance give the Town Board the authority to limit people building on these roads. Town Board needs to review Road Classification Law. RESOLUTION #17 COOPERTATIVE PURCHASING OF HIGHWAY SERVICES WITH COUNTY Resolution made by Supervisor Fisher, seconded by Town Councilperson Stevenson. 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 highway services. Discussion Vote – Supervisor Fisher aye, Town Councilperson Stevenson aye, Town Councilperson Lanning aye, Town Councilperson Hubbell aye, Town Councilperson Small aye. Resolution carried. Leigh Marshall – 190 S. Applegate Road Mr. Marshall presented subdivision plans for his property at 190 S. Applegate Road. He is planning on building six duplexes, building two a year over a three-year period. Plans to go to the Planning Board. 6 Personnel Committee – Town Councilperson Small Town Councilperson Stevenson and Town Councilperson Small met with Code Enforcement Officers February 26, 2004 to discuss various issues and directions for 2004. Discussed need to establish a Fire and Code Enforcement Committee. Lack one more piece of paper work to complete the Tompkins County Personnel Department Civil Service requirements. Enfield Personnel Handbook has had some revisions and it was determined more are needed and we need further discussion or interpretation. Anti-Harassment video is making its way to every town employee. Old Business Technical Assistance Grant Committee meeting March 15th. Town Councilperson Larry and Supervisor Fisher to review draft. Route 79 – Bridge Closing Meeting March 16th, 5-7 p.m. to discuss with public the closure and effects it will have. Superior Disposal Contract Essentially they don’t want to lose the town’s business and will allow town to modify contract, as we want. Seymour only does roll-offs. Doug’s Trash Removal quoted two cubic yard dumpster at $70.00, same as Superior but Superior has a fuel surcharge. Motion made by Town Councilperson Stevenson, seconded by Town Councilperson Small that the Town Board authorize Supervisor Fisher to hire Doug’s Trash as the Town of Enfield trash hauler to start as soon as possible. Discussion Vote – Supervisor Fisher aye, Town Councilperson Stevenson aye, Town Councilperson Hubbell aye, Town Councilperson Lanning aye, Town Councilperson Small aye. Motion carried. Town Justice Monthly Reports and Filing Justice Poole gave the board background on electronic filing of the justices monthly reports. Justice Poole writing a grant to update court computer and printer. 7 New Business RESOLUTION #18 Titled: Approval of the Town of Enfield 2004 Tompkins County Youth Services Program Contract Resolution made by Supervisor Fisher, seconded by Town Councilperson Stevenson Whereas, the Town of Enfield desires to participate in the Tompkins County Youth Services Program and, whereas the Town Board agrees to the content of the Town of Enfield 2004 Tompkins County Youth Services Program Contract, now therefore be it resolved that the Town of Enfield 2004 Tompkins County Youth Services Program Contract is approved, and further be it resolved that the Supervisor is authorized to sign the Town of Enfield 2004 Tompkins County Youth Services Program Contract. Discussion Vote – Supervisor Fisher aye, Town Councilperson Hubbell aye, Town Councilperson Lanning aye, Town Councilperson Small aye, Town Councilperson Stevenson aye. Resolution carried. RESOLUTION #19 “Town of Enfield 2004 Budget Amendment No. 8.” Resolution made by Supervisor Fisher, seconded by Town Councilperson Stevenson. WHEREAS, the Town of Enfield contracted with Beam Mack to purchase a 2004 Mack dump truck and, whereas the truck is expected to be delivered to the Town of Enfield during March 2004 and, whereas the cost of the 2004 Mack Dump truck is $ 134,900.00 and, whereas no financing was arranged by the Town Board to pay for the truck when the truck was ordered and, whereas insufficient funds were appropriated in the 2004 Town of Enfield Highway Fund Budget Expenditure Account Code DA5130.2, titled “Equipment,” to pay for the 2004 Mack dump truck, and where as the Highway Fund Expenditure Account Code DA5130.2 currently has a balance of $50,000.00, now therefore be it resolved that the Town Supervisor is authorized to transfer $94.900.00 from the Highway Fund Equipment Reserve Account to the Highway Fund Expenditure Account Code DA5130.2 thereby increasing the balance in DA5130.2 to $144,900.00 and leaving $66.40 plus accumulated interest remaining in the Highway Fund Equipment Reserve Account, and further be it resolved that the $134,900.00 cost of 2004 Mack dump truck shall be paid, subject to permissive referendum, with the $94,900 transferred from the Highway Fund Equipment Reserve Account, and the remaining $40,000.00 due shall be paid from the $50,000.00 appropriation in the 2004 Highway Fund Budget Expenditure Account Code DA5130.2 which will leave a balance of $10,000.00 in the 2004 Highway Fund Budget Expenditure Account Code DA5130.2. 8 Discussion Vote – Supervisor Fisher aye, Town Councilperson Stevenson aye, Town Councilperson Small aye, Town Councilperson Lanning aye, Town Councilperson Hubbell aye. Resolution carried. RESOLUTION #20 “Town of Enfield 2004 Budget Amendment No. 9.” Resolution made by Supervisor Fisher, seconded by Town Councilperson Hubbell. WHEREAS, the Town of Enfield 2004 Budget Joint Youth Project Expenditure Account Code A7320.4 should reflect the amount appropriated for the Recreation Partnership and the Youth Program Expenditure Account Code A7310.4 should reflect the amount appropriated for the Community Council Contract, now therefore be it resolved that the Youth Program Expenditure Account Code appropriation be increased from $2612.00 to $33695.00 and further be it resolved that the Joint Youth Project Expenditure Account Code appropriation be decreased to $2612.00 from $33695.00. Discussion Vote – Supervisor Fisher aye, Town Councilperson Small aye, Town Councilperson Hubbell aye, Town Councilperson Stevenson aye, Town Councilperson Lanning aye. Resolution carried. RESOLUTION #21 “Town of Enfield 2004 Budget Amendment No. 10 Resolution made by Supervisor Fisher, seconded by Town Councilperson Stevenson. WHEREAS, the Town of Enfield 2004 Budget Joint Youth Project Expenditure Account Code A7320.4 now reflects the amount appropriated for the Recreation Partnership and the Youth Program Expenditure Account Code A7310.4 now reflects the amount appropriated for the Community Council Contract, and whereas the Youth Program Expenditure Account Code appropriation was increased to from $2612.00 to $33695.00 and, whereas the Joint Youth Project Expenditure Account Code appropriation was decreased to $2612.00 from $33695.00, now therefore be it resolved that the January 2004 and February 2004 Community Council Contract payments (Voucher Numbers 10 and 47, respectively) charged against the Joint Youth Project Expenditure Account Code A7320.4 be reversed and charged against the Youth Program Expenditure Account Code A7310.4. Discussion Vote – Supervisor Fisher aye, Town Councilperson Lanning, aye, Town Councilperson Hubbell aye, Town Councilperson Small aye, Town Councilperson Stevenson aye. Resolution carried. 9 RESOLUTION #22 “Town of Enfield 2004 Budget Amendment No. 11.” Resolution made by Supervisor Fisher, seconded by Town Councilperson Hubbell. Whereas the Town of Enfield Town Board approved the 2004 Highway Fund 284 Agreement which specifies the expenditure of Capital Highway Improvement Program Funds (CHIPS) on Buck Hill Road South and on Shudaben Road, and whereas the anticipated expenditures exceed funds available from CHIPS and will require an additional expenditure of local funds, now therefore be it RESOLVED that Highway Fund Capital Improvement Expenditure Code DA5112.21 titled “CHIPS Buck Hill Road South” be changed to DA5112.211 and Highway Fund Capital Improvement Expenditure Code DA5112.22 titled “CHIPS Shudaben Road”, be changed to DA5112.221 and, further be it RESOLVED that the 2004 Town of Enfield Budget be amended to add Highway Fund Capital Improvement Expenditure Code DA5112.212, titled “Buck Hill Road South – Local Funds” and further be it RESOLVED that the 2004 Town of Enfield Budget be amended to add Highway Fund Capital Improvement Expenditure Code DA5112.222, titled “Shudaben Road – Local Funds.” Discussion Vote- Supervisor Fisher aye, Town Councilperson Stevenson aye, Town Councilperson Small aye, Town Councilperson Hubbell aye, Town Councilperson Lanning aye. Resolution carried. RESOLUTION #23 Titled: Modification of the Town of Enfield Highway 284 Agreement Resolution made by Supervisor Fisher, seconded Town Councilperson Lanning. Whereas, the Town of Enfield 2004 Highway Capital Improvement Plan agreement between the Town of Enfield Highway Superintendent and the Town Board specifies 1700’ of Shudaben Road will be improved in 2004 and, whereas the actual length of Shudaben Road that is planned for improvement is 2652’, and whereas materials and costs have changed since the 2004 Town of Enfield Highway 284 Agreement was approved and signed by the Enfield Town Board on January 14, 2004, now therefore be it resolved that the Town of Enfield 284 Agreement be revised to specify that one half plus or minus miles of Shudaben Road will be improved in 2004 and, further be it resolved that there shall be expended not over the sum of $23,000 on Shudaben Road and that $8,250 of the $23,000 will be come from local funds if needed and, further be it resolved that there shall not be expended over the sum of $46,000 on Buck Hill Road South and that $6,000 of the $46,000 will come from local funds if needed, and further be it resolved that the $14,250 in local capital improvement funds will be transferred from expenditure account code DA5110.4 in the amount of $14,250, if needed. 10 Discussion Vote – Supervisor Fisher aye, Town Councilperson Hubbell, aye, Town Councilperson Lanning aye, Town Councilperson Small aye, Town Councilperson Stevenson aye. Resolution carried. Policy 200.3 Money In Lieu of Health Insurance – IRS Liability Payment In Lien of Health Insurance paid to Raymond Poole, tax liability tTown has because taxes weren’t withheld. Still need to resolve this issue with IRS. Town Clean Up Money appropriated in the budget to provide for town clean up. Week of May 10th-15th. Popular program. Positive program that benefits the Town. Paul Tunision watched it during the day last year and was paid by the highway department and the highway department was reimbursed by General Fund for the time he worked. Jack Hubbell and Bill Eisenhart were volunteer workers. Check on Insurance – Supervisor Fisher, Roll Offs Town Councilperson Small, Personnel Highway Superintendent Miller, Tires Town Councilperson Stevenson. County Comprehensive Plan would like a meeting in April. Meeting would be a public meeting from 5-7 and the Town Board and the Planning Board would meet with the County from 7-8 p.m. Appointments Supervisor Fisher asked that the following people be appointed to the Town Planning Board. Douglas Willis (term expires 2008). Richard Neno (term expires 2009) Calvin Rothermich – Agriculture Member (term expires 2008). Motion made by Supervisor Fisher, seconded by Town Councilperson Hubbell that the Town Board approve the appointment of the following people to the Town Planning Board. Douglas Willis (term expires 2008). Richard Neno (term expires 2009) Calvin Rothermich – Agriculture Member (term expires 2008). Discussion Vote – Supervisor Fisher aye, Town Councilperson Stevenson aye, Town Councilperson Small aye, Town Councilperson Hubbell aye, Town Councilperson Lanning aye. Motion carried. 11 Local Assessment Review Board Supervisor Fisher asked that Doris Rothermich be appointed to the Local Assessment Review Board. Motion made by Supervisor Fisher, seconded by Town Councilperson Stevenson that the Town Board approve the appointment of Doris Rothermich to the Local Assessment Review Board. Discussion Vote – Supervisor Fisher aye, Town Councilperson Stevenson aye, Town Councilperson Small aye, Town Councilperson Lanning aye, Town Councilperson Hubbell aye. Motion carried. Audit Claims Supervisor Fisher presented bills for payment. Motion made by Town Councilperson Lanning, seconded by Town Councilperson Hubbell that the Town Board of the Town of Enfield authorizes the Supervisor to pay General Fund vouchers #48-69, dated 3/10/04, in the amount of $8195.94. Highway Fund vouchers #32-40, dated 3/10/04, in the amount of $5551.46. Community Development Grant vouchers #5-6, dated 3/10/04, in the amount of $6,285.01. Enfield Volunteer Fire Company voucher SF-1 #3, dated 3/10/4, in the amount of $25,000.00. Discussion Vote – Supervisor Fisher aye, Town Councilperson Stevenson aye, Town Councilperson Small aye, Town Councilperson Hubbell aye, Town Councilperson Lanning aye. Motion carried. Trainings Town Clerk would like Town Board approval to attend the NY State Town Clerk Conference April 18th – April 21, 2004. Registration fee $60.00. Supervisor Fisher would like to attend an accounting school April 20th – 21st, 2004. Registration fee $65.00. Motion made by Town Councilperson Stevenson, seconded by Town Councilperson Small that the Town Board approve the attendance of the Town Clerk at the NY State Town Clerk Conference, April 18th- 21st, 2004 paying registration and lodging fees and approve the attendance of the Supervisor at accounting school April 20th-21st, 2004 paying registration fee of $65.00 and mileage. Discussion Vote – Supervisor Fisher abstained, Town Councilperson Stevenson aye, Town Councilperson Hubbell aye, Town Councilperson Small aye, Town Councilperson Lanning aye. Motion carried. 12 Privilege of the Floor Robert Lisk asked about annual yard sales.Capital Improvements Capital Improvements Town Councilperson Lanning – Money set aside for new highway facility, are we going to get something started? Supervisor Fisher -Along lines of things needing to be done is purchasing accounting software. Adjournment Motion made by Town Councilperson Hubbell, seconded by Town Councilperson Lanning that the regular monthly meeting of the Town of Enfield Town Board adjourn. Discussion Vote – Supervisor Fisher aye, Town Councilperson Hubbell aye, Town Councilperson Small aye, Town Councilperson Lanning aye, Town Councilperson Stevenson aye. Motion carried. Meeting adjourned at 10:20 p.m. Respectfully submitted, Alice Laue Town Clerk