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HomeMy WebLinkAbout6-8-2005 Regular Meeting TB.pdfAPPROVED August 10, 2005 Enfield Town Board Regular Meeting June 8, 2005 at 7:00 PM Enfield Community Building -- 182 Enfield Main Road, Ithaca, NY 14850 Meeting called to order by Supervisor Gary Fisher at 7:00 PM. Present: Supervisor Gary Fisher Councilperson Peggy Hubbell Councilperson Sandra Small Councilperson Greg Stevenson Councilperson Jean Owens Absent Town Clerk Alice Laue Others present: Deputy Town Clerk: Pat Dougherty, Peter Penniman: Tompkins Co. Legislature, Tom Doheny: Time Warner Cable, Lee Haefele: Haefele TV, Darise Jean- Baptiste: Ithaca Journal reporter, Ann Rider & Carol Givin & Carolyn Tschanz: Enfield Community Council, Eugene and Mary Jo Lovelace, Cris McConkey Pledge of Allegiance: Supervisor Fisher led the assemblage in the Pledge of Allegiance. Privilege of the Floor: Peter Penniman (Tomp. Co. Legislature), Tom Doheny (Time Warner) and Lee Haefele (Haefele TV) were present to discuss the possibilities of bringing Tompkins County Legislature meetings (the Government Channel) to Enfield via Haefele TV. Time Warner can’t just “plug” in to Haefele. This has been looked at for several years. Supervisor Fisher asked Haefele to look into Web Casting. Doheny said running a direct line would cost between $20,000 and $30,000 per mile. Doheny asked to come back to another meeting to discuss a right-of-way on a section of the Sheffield Road near Iradell Road where there are several houses. It would require placing three or four poles on the Enfield side of the road. County Legislator’s Report: Peter Penniman was instrumental in bringing Doheny and Haefele to the meeting. He stated that he can start sending tapes to Lee Haefele to investigate further options. Penniman attended the Enfield assessment review and noted that the Town had less of an increase than other towns. There will be a rate decrease because assessments are up so much. Supervisor Fisher noted that we were on the top end of increases last year with 20%. Approval of Minutes: 2 ** Special Town Board Meeting on January 5, 2005 (Organizational Resolutions) [Owens abstained] ** Special Town Board Meeting on February 18, 2005 [Owens and Stevenson abstained] ** Special Town Board Meeting March 16, 2005 ** Regular Town Board Meeting April 13, 2005 ** Special Town Board Meeting April 19, 2005 ** Special Town Board Meeting April 27, 2005 ** Regular Town Board Meeting May 11, 2005 All motions for approval were carried. Motions and seconds are listed on the individual minutes. Councilperson Small asked about the November and December 2004 minutes. Supervisor Fisher said they will be done. She asked that her request be included in the minutes. Communications: * SPCA report for May 2005. No impoundment fees received. * 1st Quarterly sales tax revenues are down 7% from previous year. Received a check for $137,932. There were approximately $100,000 more in adjustments then there were in 2004 which negatively impacted the amount received countywide. * Town of Ithaca Transportation Committee meeting June 9th at 5:30 PM at Ithaca Town Hall. * Mortgage tax distribution down 7% in Town of Enfield and 7% county wide. 2004 = $17,169. 2005 = $15, 890. * Copy of contract with Tompkins County for historical marker to be placed near Baker homestead site. * Solid Waste Management mentioned violations an individual was cited for. * MBIA changing name of investment fund via a “naming” contest. * Odessa/Montour School District elected Alice Learn as a new Board of Education member. * Tompkins County Area Development meeting coming up. * Cooperative Extension broadcasting “Open Space and Farm Land Conservation” June 21st. Peggy suggested that the announcement be passed on to the Planning Board. 3 * Tompkins County Legislature passed a resolution in support of municipalities directly initiating annexation. * Received Municipal Officers Guide to Forestry in NYS. * Next Municipal Officers meeting will be June 21, 2005 at the Ichobod. Committee Reports: Code Enforcement. Ron Clark and Ed Hetherington submitted a written report. Councilperson Stevenson, liaison, met with Ron and Ed recently. Items discussed were time management and open communication lines between the Town Board, the Planning Board and the Code Enforcement Officers. Having meetings quarterly was also discussed. All Town Board members received a copy of the minutes from this meeting. Stevenson will ask the different entities to supply the Code Enforcement Officers with minutes to their meetings. Highway Superintendent. Supervisor Fisher reported that Highway Superintendent, David Miller, was away at a highway school. The workers have been ditching, spreading gravel, grading and working on Shudaben Road. Personnel. Councilperson Small noted that Roger Laue’s salary should be $589 annually instead of $552 which was previously acted on by the Board. Roger mows the Christian cemetery. Technology Committee. Supervisor Fisher reported that the committee has not met yet to work on Town website web pages. Waiting for new software. The Town needs a recommended “domain name” and Technology Committeeperson Gene Lovelace will check into that. Cemetery Committee. Councilperson Hubbell said that a sign stating “For Cemetery Use Only” has been installed at the Budd cemetery. However, vehicles are still parking there. It was noted that Ithaca High School still owns the front portion of the Budd cemetery. There was a school on the property up until the 1950’s. Wayne Snyder (senior) is recovering from a heart attack. Not sure if other mowers can fill in for him at the Presbyterian Cemetery during his recovery. Economic Committee. Councilperson Owens will be calling a committee meeting to discuss doing a mailing in the near future to see what people want. Facilities Committee. Supervisor Fisher has called a meeting for June 30, 2005 at 7 PM. They have toured all facilities in the Town and came up with questions for perusal. Feedback from departments on space requirement will be forthcoming. Fisher asked Councilperson Owens if the Town Hall had ever had a water test. She said yes, but it had been some time ago. A petroleum test is needed, as are deeds and property line definitions. 4 Planning Board. Councilperson Hubbell, who has been attending the Planning Board meetings, told the Town Board that a 1994 draft of subdivision rules is presently being studied. The Board was told to go home and start making notes on their thoughts. Old Business House Numbers. Supervisor Fisher gave Bill Eisenhardt the recently received house numbers. Bill will be putting them up. Supervisor Fisher thanked the code officers for their efforts in putting up house numbers and said that Bill’s work will help free up more time for code enforcement priorities. Community Building. Supervisor Fisher recharged the water system. A new fire alarm panel was installed June 7, 2005. An Enfield teen group will paint a new mural on the side of the building. Councilperson Small inquired as to who mowed the Community Building grass. Councilperson Owens said the Town paid Tucker Snyder an hourly rate in the past. The Board concurred and it was motioned that $10/hour was an appropriate wage. Councilperson Hubbell will ask Tucker if he can do it. Be it hereby motioned that someone be hired to mow and weed eat the grass around the town hall, the highway garage and the community building, giving preference to current Town employees at a rate of $10/hour. MOTIONED: Councilperson Stevenson SECONDED: Councilperson Small Discussion: Vote: Supervisor Fisher…aye. Councilperson Hubbell…aye. Councilperson Owens…aye. Councilperson Small…aye. Councilperson Stevenson…aye. Motion carried. Website – Digital Towpath. See Technology Committee. Town Clean-up/Recycling . Councilperson Stevenson reported that positive feedback from constituency regarding the clean up deemed it a big success. Councilperson Small said that Superior had 16 roll offs and Weitsman had two. Supervisor Fisher stated that expenditures last year were $6,118.38 and $6,621.91 this year. Bill Eisenhardt and Jack Hubbell were commended for their excellent service and dedication. The Town needs a Budget Amendment to reimburse the highway department for Bill’s pay. Jack worked as a volunteer. Farm Land Lease. Supervisor Fisher said that liability issues were discussed with the Town’s insurance agent, John Keuhn of Sprague Insurance, who recommended that the Town be named as an additional insured in the amount of $1,000,000. The potential lessee, Thor Oechsner, has named the Town of Enfield as an additional insured in the amount of $1,000,000 for liability coverage. 5 Dog Control Law. Supervisor Fisher spoke with the Association of Towns about licensing fees and whether such fees must be established by Local Law. They can be incorporated by resolution. No Local Law is needed. Councilperson Small had previously circulated a draft of the present Local Law to Justices Poole and Varricchio for their review and comments. Justice Poole has since finished her review and retyped the Local Law highlighting changes she felt should be made. Fisher announced that Poole’s draft has been put in Board members mailboxes and added that the Board will take a closer look at this issue at a future Town Board meeting. Local Laws. Town Clerk, Alice Laue, received a list of Enfield’s Local Laws from the Secretary of State. Supervisor Fisher perused the list and felt that all of Enfield’s Local Laws were not included. Enfield Community Council (ECC). Carolyn Tschanz, Carol Givin and Ann Rider were present on behalf of the ECC. Carolyn Tschanz, ECC President, again requested additional funding to help with the liability insurance coverage and supplied all Board members with a copy of a draft proposal. The program will be approximately $3,000 short this year as things now stand. They will need a subsidy to continue programming as planned to this point. Councilperson Owens asked what the consequences of that shortage would mean to the program. The representatives said they might have to cut one newsletter (which they deem a very necessary and promotional entity that is mailed to approximately 990 Enfield residents three times a year), they might have to cut some transportation and there would be a definite negative impact on the after-school programs. Field trips could be impacted. Supervisor Fisher asked what the committee’s plans were to make up the $3, 000 deficit. They responded that they might have to increase fees this year. In the future, they can hope for an increase in profits from the Harvest Festival and ask the United Way for a bigger chunk next year. (The United Way’s budget year is July 1 – June 30 and funds have been allocated for this year.) They will need to meet as a full committee and study their options. Councilperson Stevenson has heard feedback on how important the summer camp has been over the years for Enfield children. He felt that increasing fees was not the answer. He made a motion that the Town underwrite the ECC shortage in the amount of $2,749. Be it hereby motioned that the Town Board of the Town of Enfield fund the Enfield Community Council for the purchase of general liability insurance in the amount of $2,749 for 2005 only. MOTIONED: Councilperson Stevenson SECONDED: Councilperson Owens Discussion: Supervisor Fisher acknowledged that what the Board was proposing will mean a modification to the contract. He’s not sure it can be done without a public 6 hearing, but will check into it and get back to the Board with his findings. He also noted that the Town’s sales tax and mortgage tax revenue are down and he isn’t sure where any additional monies, not already allocated, would come from. He noted that the Town has about $1,500 appropriated for the Recreation Partnership that will not be needed since the County kicked in for 2005 and this might be used in off setting the insurance cost. Supervisor Fisher then made a motion to table Councilperson Stevenson’s motion. The motion was seconded and voted upon. Motioned: Supervisor Fisher Seconded: Councilperson Hubbell Vote: Supervisor Fisher…aye. Councilperson Hubbell…aye. Councilperson Owens…nay. Councilperson Small…aye. Councilperson Stevenson…nay. Motion to table carried. Oil Lease. The attorney for the Town has the lease and states that it’s the standard lease. We can add language to it if we want to. There is a woman now working with our area who has also provided a draft lease for Presbyterian cemetery leases. New Business Councilperson Stevenson (in behalf of the Code Enforcement Officers) said an application for a mass gathering for the Muse Fest at Newhart’s Lodge has been received, along with a cover letter and the appropriate fee. A certificate of insurance is still needed. The Code Enforcement officers have been educating the organizers of the fest for a few years now and things get better each year. Anticipated participation could be up to 3,500 people (which is the maximum allowed) with parking for 500 autos. A motion was made that a permit be issued upon receipt of the appropriate insurance certificate naming the Town of Enfield as an additional insurer for the Muse Fest mass gathering to be held at Newhart’s Lodge beginning at 8 PM on Friday, September 2nd and ending at midnight on Sunday, September 4, 2005. MOTIONED: Councilperson Stevenson SECONDED: Councilperson Hubbell Discussion: this is the Fest’s fifth year in Enfield. Vote: Supervisor Fisher…aye. Councilperson Hubbell…aye. Councilperson Owens…aye. Councilperson Small…aye. Councilperson Stevenson…aye. Motion carried. Councilperson Stevenson requested approval for Code Enforcement Officer Ed Hetherington to attend a 3-day NYS Building Officials Conference training at Alexandria Bay. The amount needed was included in the budget. 7 Be it hereby motioned that by August 14, the registration, lodging fee and cost of meals, not to exceed $500. be appropriated for Code Enforcement Officer Ed Hetherington to attend a 3-day NYS Building Officials Conference training at Alexandria Bay on September 13 – 16, 2005. Mr. Hetherington will receive 17 of the 24 continuing education credits he needs for his New York State Certification. MOTIONED: Councilperson Stevenson SECONDED: Councilperson Owens Discussion: Councilperson Stevenson noted that Code Enforcement Officer, Ron Clark, will be underwritten by Ithaca College. Vote: Supervisor Fisher…aye. Councilperson Hubbell…aye. Councilperson Owens…aye. Councilperson Small…aye. Councilperson Stevenson…aye. Motion carried. Resolution Number 2005-35 Pleated Fans Budget Amendment No 12 WHEREAS, the Town Board of Enfield authorized the purchase of patriotic pleated fans to be hung on six light poles in the Town of Enfield at its May 2005 regular Town Board meeting, now therefore be it RESOLVED that the appropriation account code A8997.4 titled “Other Home and Community Services, Equipment, and Capital Outlay – Contractual” is added to the 2005 town of Enfield General Fund Budget and further be it resolved that the appropriation for A8997.4 is increased by $131.35 from $0.00 to $131.35, and further be it RESOLVED that the appropriation account code A1990.4, titled “Contingency” is decreased by $131.35. MOTIONED: Supervisor Fisher SECONDED: Councilperson Hubbell Discussion: Vote: Supervisor Fisher…aye. Councilperson Hubbell…aye. Councilperson Owens…aye. Councilperson Small…aye. Councilperson Stevenson…aye. Resolution carried. Councilperson Stevenson mentioned concerns about Cynthia Percey, a former Town of Enfield Bookkeeper, who was charged with stealing funds from a local business. Supervisor Fisher explained that he monitored all of Ms. Percey’s work and that she had 8 absolutely no access to Town monies of any kind. Stevenson wanted assurance that Town funds have not been misappropriated and via the following resolution, requested a third- party audit within 60 days. Resolution Number 2005-36 Audit of Previous Bookkeeper Whereas Cynthia Ann Percey has previously served as Bookkeeper for the Town of Enfield during at least a portion of the time period between April 2004 and April 2005, and Whereas Cynthia Ann Percey was charged by the New York State Police with second-degree grand larceny, a class C felony, and Whereas State police allege that Percey stole more than $83,000 from an undisclosed business in the Town of Covert between April 2004 and April of this year, and Whereas; the Town Board of the Town of Enfield wishes to assure, to the best of its ability, that public funds have not been stolen or otherwise misappropriated, now therefore be it; Resolved that the Town Board of the Town of Enfield hereby authorizes and orders a third-party audit of all of the books and accounts of the Town of Enfield to assure that all funds are secure, and that no funds have been stolen or misappropriated, and further be it; Resolved that the Supervisor and Bookkeeper commence and facilitate this audit within 60 days of the approval of this resolution. MOTIONED: Councilperson Stevenson SECONDED: Councilperson Owens Discussion: Councilperson Small noted that this might have been handled differently if Board members had responded to an earlier e-mail Stevenson sent as a head’s up to his concern. Vote: Supervisor Fisher…nay. Councilperson Hubbell…nay Councilperson Owens…aye Councilperson Small…nay. Councilperson Stevenson…aye. Resolution defeated. Recreation Partnership. Councilperson Owens has been unable to attend the Recreation Partnership meetings because they fall at the same time as the food program 9 which she participates in. She said that Marnie Kirschgessner will be the Town’s “reporter” if the Town appoints her. Supervisor Fisher stated he would prefer a Board member. Audit Claims: It was motioned that Supervisor Fisher, on behalf of the Town Board of the Town of Enfield, be authorized to pay the following: - General Fund Vouchers #99-#121 dated June 8, 2005 in the amount of $17,112.39. -Highway Fund voucher #37-#53 dated June 8, 2005 in the amount of $13,778.21. -Community Development Grant voucher #6 and #7 dated June 8, 2005 in the amount of $9,244.92. - Enfield Volunteer Fire Company has been paid off. MOTIONED; Councilperson Owens SECONDED: Councilperson Small Discussion: Vote: Supervisor Fisher…aye. Town Councilperson Hubbell…aye. Town Councilperson Owens…aye. Town Councilperson Small…aye. Town Councilperson Stevenson…aye. Motion carried. Announcements. Privilege of the Floor: Chris McConkey of 402 Aiken Road recommended that in the future we move groups like the Enfield Community Council up further on the agenda. They are all volunteers and should not have to sit in the room so long. McConkey also suggested a meeting, in person or via e-mail, to further discuss the Government Channel cable TV issue. Adjournment: At 10.20 PM. MOVED: Councilperson Hubbell SECONDED: Councilperson Small Discussion: Vote: Supervisor Fisher…aye. Councilperson Hubbell…aye. Councilperson Owens…aye. Councilperson Small…aye. Councilperson Stevenson…aye. Motion carried. ************* Minutes transcribed by Deputy Town Clerk N. Pat Dougherty .