HomeMy WebLinkAbout12-13-06 Regular Meeting TB.pdf
TOWN OF ENFIELD
REGULAR TOWN BOARD
MEETING MINUTES
WEDNESDAY, DECEMBER 13, 2006
7:00 P.M.
The regular monthly meeting of the Town of Enfield Town Board was held Wednesday, December 13,
2006 at 7:00 p.m. at the Enfield Community Building, 182 Enfield Main Road, Ithaca, New York with
Supervisor Owens presiding.
Present: Supervisor Jean Owens, Councilperson Jennifer Fisher, Councilperson Peggy Hubbell,
Councilperson Sandra Small, Councilperson Robert Harvey and Town Clerk Alice Laue.
Others Present: Doug Willis, Peg Willis, Calvin Rothermich, Doris Rothermich, Amber Achilles,
Jerry Achilles, Mildred Achilles, Bertha Hubbell, David Dimmick, DianeAramini, Mary Eckert, Roy
Wollney, Pat Dougherty, Kay Miles, Judith Mace, Sheila Robideau, Gregory Robideau, Charles Elrod,
Whitney Elrod, Jack Hubbell, Debbie Teeter, Alan Teeter, John Rancich, Jolee Carlisle, Marguerite
Wells, Mary Jo Lovelace, Eugene Lovelace, Bill Mather, Byron Smith, Gary Fisher, Jim Dennis, Greg
Stevenson, Jim Rohan, Carolyn Tschanz
Pledge of Allegiance:
Supervisor Owens led the assemblage in the Pledge of Allegiance to the Flag.
Unity House:
Liz Warner, District Director for Unity House reported that their organization provides services to
people with disabilities. They wish to open a group home at 216 Sheffield Road, Town of Enfield.
Town Board’s response to the opening of that house needs to be one of three responses: (i) approve
the site, (ii) suggest one or more suitable houses within the town that could accommodate the
community residences, or (iii) object to the establishment of the facility of the kind described because
to do so would result in a concentration of community residential facilities in the area and would
substantially alter the character and nature of the neighborhood and community.
Sheffield Road residents Judy Mace, Kay Miles, Sheila and Gregory Robideau expressed their
concerns and questioned the proposed Unity House in their neighborhood. Concerns discussed were
meeting code requirements/building construction, ownership history, further construction of a privacy
fence, number and type of residents, safety, lowering of their property value, property being tax
exempt, lack of supervision, invading private property.
Unity staff members responded by saying that the facility is supervised 24/7, only 6 disabled people
plus staff would live there, would not lower property values, Unity House occupants would be good
neighbors.
Councilperson Small expressed concern that although Unity House wrote a letter to the Town’s
Supervisor on November 15, 2006 asking for approval for Unity House to occupy the Sheffield Road
Regular Town Board Meeting Minutes – December 13, 2006 2
property on or about December 25, 2006, tonight was the first she knew about it and felt the Board
needed more time to review this matter.
Privilege of the Floor:
John Rancich (363 Hines Road): Spoke about the proposed wind tower farm on Black Oak Road. It
was suggested that he talk with the Planning Board.
Approval of the Minutes:
Regular Town Board Meeting – November 8, 2006
Public Hearing Meeting Minutes – November 9, 2006
Special Town Board Meeting Minutes – November 11, 2006
Special Town Board Meeting Minutes – November 27, 2006
Motion made by Councilperson Harvey, seconded by Councilperson Fisher that the Town Board
approve the adoption of the November 8, 2006, November 9, 2006, November 11, 2006 and the
November 27, 2006 minutes.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Communications/Correspondence:
Supervisor Owens read the correspondence received from the Attorney for the Town, Tim
Mattison, dated December 8, 2006 with respect to fire contract negotiations.
Department of Assessment will begin enforcing on 1/1/2007 Agriculture land conversion
penalty outlined in Ag and Markets Law, Section 305/306.
Responses to letters sent to neighboring fire companies inquiring if they would provide fire
protection if there was no contract. Mecklenburg responded they would continue to respond
when dispatched to any emergency event on a mutual aid basis. Trumansburg not interested in
providing fire protection. Newfield not able to provide services requested. City of Ithaca no
response.
Tompkins County Legislature:
Greg Stevenson (Enfield/Newfield) – Iradell and Black Oak on County 2007 schedule for road work
planned. Ag exemption - information due March 1, 2007.
Jim Dennis (Enfield/Ulysses) – He is county liaison to the Environmental Conservation Committee
and their meetings conflict with our town board meetings. Mr. Dennis spoke on need for the Town
Board and the Fire Company to negotiate and offered his assistance.
Committees/Boards Reports:
Highway Department: No report.
Regular Town Board Meeting Minutes – December 13, 2006 3
Cemetery Committee: No report.
Code Enforcement: Code Enforcement Officer Ron Clark submitted a written report and highlighted
on same. He added that Orson Ledger is converting Massy Ferguson building into apartments. Unity
House needs to be changed to commercial residential and needs to implement a fire alarm system.
Request was made from Greg Robideau that the use of the house not change from what it is being used
for.
Enfield Community Council: Carolyn Tschanz, ECC President invited board members and the
public to attend the after-school group. There will be a photography exhibit 12/15/06 at Cornell
Cooperative Extension. Enfield youths are participating.
Personnel: Councilperson Small reported that a notice about looking into health insurance coverage
was sent to highway employees and retirees. Gathering information from local municipalities. Will
arrange a meeting on health insurance coverage in the near future.
Planning Board: Councilperson Hubbell reported that Planning Board member Jim McConkey’s term
expires this month and the Planning Board unanimously requests that he be reappointed to the
Planning Board for a seven-year term ending in 2013.
Motion made by Councilperson Hubbell, seconded by Supervisor Owens that the Town Board
reappoint Jim McConkey to a seven year Planning Board term of office, term ending 2013.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Calvin Rothermich added that he was pleased the Board reappointed Mr. McConkey to serve another
seven years and appreciated his vigor and enthusiasm.
Tompkins County Council of Governments (TCCOG): - Supervisor Owens reports that the Council
continues to talk about deer problems – who picks up dead deer and reducing population. Lee Shurtleff
gave a presentation on Emergency Services Communications. The Council is looking for a meeting
place for the January meeting.
Old Business:
Authorization for Supervisor to Sign Terms of Engagement with Ciaschi, Dietershagen, Little,
Mickelson, LLP Certified Public Accountants and Consultants: Councilperson Small reported
audit being done because of EVFC refusing to show much documentation and felt it an abuse of
taxpayers dollars to have to go to this expense when all the Fire Company had to do is cooperate.
Small reported that she was not satisfied with only 80% of EVFC funds being documented in the
report. Small would like to see it completed on 100% of all expenditures. Small forwarded an email
to the auditor on this and has not heard back. When the audit firm originally prepared the letter of
engagement, the firm was under the impression that they would review all of the Fire Company’s
accounts and then later found out it was only the Town’s share of the contract - $230,000 in 2005. If
the audit firm is not doing 100%, Small felt the quoted $4,000 should be prorated accordingly.
Councilperson Small did not feel comfortable authorizing the Supervisor to sign the Terms of
Engagement letter at this point until further clarification is obtained. Board agreed.
Regular Town Board Meeting Minutes – December 13, 2006 4
Enfield Volunteer Fire Company, Inc. Contract: Councilperson Small felt the need to talk with the
Attorney for the Town as a Board absent the Fire Company’s attorney and Fire Company members.
Supervisor Owens asked if the Board wanted her to call the Attorney for the Town. Councilperson
Small said that she would because of the appearance of a conflict of interest. Supervisor Owens
suggested recessing this meeting at the end until meeting with Attorney for the Town. Councilperson
Small to arrange a meeting with the Board and Attorney for the Town as soon as possible.
New Business:
Unity House: Consensus of the Board was to hold off until systems needed for compliance are done.
If the Town of Ithaca needs to be notified, then it may take another 40 days before approved.
Supervisor Owens to follow up.
Recreational Partnership Contract Extension:
Resolution #34: “2006 Town of Enfield One-Year Recreational Partnership Agreement Extension”
WHEREAS, the Inter-municipal Recreational Partnership has successfully served thousands of young
people throughout Tompkins County operating under a five year agreement that expires December
2006, and
WHEREAS, the Recreational Partnership’s Governing Board has begun, but not yet concluded its
internal reflection and process of seeking input from all municipal partners to evaluate and update the
Partnership Agreement for the next five-year period, NOW, THEREFORE be it
RESOLVED that Tompkins County upon recommendation of the Health and Human Services
Committee agrees to extend the current Inter-municipal Recreation Partnership Agreement through
December 31, 2007, and be it further
RESOLVED that the current conditions and financial commitments related to the agreement remain in
place through December 31, 2007, and be it further
RESOLVED that Tompkins County will take prompt action on the purposed agreement for period
2008-2012 to be prepared by the Recreation Partnership’s Governing Board by May 2007.
Moved by Supervisor Owens, seconded by Councilperson Harvey.
Discussion: Trying to get a one-year contract going so they can continue discussions with the County.
Councilperson Fisher will make every effort to attend these meetings at 4:00 p.m. on the fourth
Tuesday of every month.
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Resolution carried.
Budget Amendment:
Because of extending additional funds from the Building-Contractual account for work being done at
the Community Building, Supervisor Owens moved:
Resolution #35: “Town of Enfield 2006 Budget Amendment #13 – Increasing Building Contractual”
WHEREAS, the Town Board has authorized renovations to the Enfield Community Building, NOW,
THEREFORE be it
Regular Town Board Meeting Minutes – December 13, 2006 5
RESOLVED, that General Fund appropriations, titled Building-Contractual A1620.4 be increased
from $38,843.50 to $42,843.50 and General Fund appropriation titled “Contingency Account –
Contractual” A1990.4 be decreased from $17,038.79 to 13,038.79.
Resolution moved by Supervisor Owens, seconded by Councilperson Hubbell.
Discussion: Councilperson Small asked when the Beautification check was going to arrive.
Supervisor Owens thought by the end of the year. Debbie Teeter to check into it.
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Resolution carried.
Audit of Claims:
Supervisor Owens presented monthly bills and vouchers for payment. Motion made by Councilperson
Fisher, seconded by Councilperson Hubbell that the Town Board authorizes the Supervisor to pay:
- General Fund Vouchers #226-246 in the amount of $8,452.77.
- Highway Fund Vouchers #126-134 in the amount of $5,540.39.
Discussion: Steve Givin’s check for window replacement, installation and trimming for the
Community Building renovation work will be issued and noted as a prepaid in the amount of
$2,097.26. Supervisor Owens explained Home Depot’s and Lowe’s billing cycle with that of the
Town’s and believes they are set up now so as to avoid late fees being charged and then credited back.
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Privilege of the Floor:
Residents in attendance comments were:
Is there fire protection?
Appreciation of services provided by Fire Company.
Financial responsibilities a separate matter.
Supervisor has a conflict of interest and shows incompetence in negotiating skills.
Potential contracts should be done 10-14 months before expiration date.
Leverage – if the Fire Company cannot come to the table they have violated the contract.
Funds can be withheld from the Fire Company to show leverage.
Town Board’s job is to be advocates for the taxpayers.
Supervisor needs to represent the Town not the Fire Company.
No checks and balances with present system – fire company members negotiated and voted
on their own contract.
Enfield assessments are $.40 higher than similar communities with similar dynamics.
Supervisor is considered the Financial Officer for the Town and yet it was made public that
her own property taxes were delinquent.
Supervisor not doing anything to make the Fire Company come to the table.
Legal posting for a fire truck in the amount of $290,000 was posted in an Elmira paper and
not a local paper.
When was a three/six-month extension of the fire contract discussed?
Asked for a vote of confidence or no confidence on the part of the Supervisor.
Regular Town Board Meeting Minutes – December 13, 2006 6
Fire Company attorney told the Fire Department not to meet with the Town Board without
attorney being present.
When and why the language protecting the Town with respect to providing money for the
purchase of equipment was eliminated from the contract?
What happens when the Fire Company sells a piece of equipment? What account does the
sale of equipment go into?
Should not be paying bills off from monthly statements – should be paying off of invoices.
When it comes to negotiations, parties should be able to work through the issues and then
have attorneys do the fine tuning. Lawyers are being used as an excuse not to negotiate.
We can have a Cemetery Committee but we cannot seem to have a committee for the
biggest dollar amount spent in the Town and that is fire protection. Need a Fire Protection
Committee.
There are standard accounting procedures that should show where funds are.
Fire Company is a non-profit organization that has a standard accounting requirement
procedure, the Fire Company is not providing the Town documentation for the dollars given
to them.
People urged to volunteer. There is a shortage of volunteers.
Firemen pay taxes too.
Sadden that Supervisor Owens resigned from the Fire Department – EMT’s are needed.
Need to work together as a community.
Need to communicate not criticize.
Community needs the Fire Company and the Fire Company needs the community.
Fire Company is open every Thursday at 7:00 p.m. All are welcome.
Contract for $200,000 is adequate.
Fire Company should do more fundraising.
Fire Company leadership is not acting in good faith when it comes to contract negotiations.
Board is supposed to be serving the community and Sheffield Road residents needs should
come before an outside organization.
Unity House residents are people too. They won’t hurt you. You could have worse
neighbors.
What is the Town Board going to do to bring Fire Company to the table?
Offer of services to the Board to help negotiate a contract were offered.
Supervisor Owens refused to recuse herself. Will continue to operate as she was elected to
operate as Town Supervisor. Although it can be unpleasant at times, she will remain to do
her job.
Recess:
Motion made by Councilperson Harvey, seconded by Councilperson Fisher that the December 13,
2006 regular Town Board meeting recess until a meeting with Attorney for the Town is scheduled.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Meeting recessed at 9:30 p.m.
Respectfully submitted,
Alice Laue, Town Clerk