HomeMy WebLinkAbout12-19-2006 Special Meeting TB.pdf
TOWN OF ENFIELD
SPECIAL TOWN BOARD
MEETING MINUTES
TUESDAY, DECEMBER 19, 2006
7:00 P.M.
A Special Town Board Meeting was held Tuesday, December 19, 2006 at the Enfield Community
Building, 182 Enfield Main Road, Ithaca, New York at 7:00 p.m. with Supervisor Owens presiding.
The meeting was called initially for the purposes of a meeting between the Town Board and the
Attorney for the Town to discuss the 2007 Fire Protection Contract and related issues.
Present: Supervisor Jean Owens, Councilperson Peggy Hubbell, Councilperson Jennifer fisher,
Councilperson Sandra Small, Councilperson Robert Harvey, Attorney for the Town Tim Mattison
and Town Clerk Alice Laue.
Others Present: Pat Dougherty, Michele Baker, John Baker, David Owens, Roger Lauper,
Larry Stilwell, Linda Stilwell, Carol Barriere, Roy, Barriere, Aaron Barriere, Anne Owens, Mark
Roach, James Whittaker, Ed Hetherington, Kirk VanDee, Jim Rohan, Michelle King, Judy
Hetherington, Larry Lanning, Charles Sheffield, Arthur Howser, Jr., Karen Stevenson, Carolyn
Monroe, Shirley Hubbell, Bertha Hubbell, Amber Achilles, Mildred Achilles, Jerry Achilles, Ben
Giles, Scott Turcsik, Patrick Paolangeli, Ray Hubbard, Carolyn Tschanz, Fern Ferris, Roxie
Carman, Greg Stilwell, Sheila Robideau, Greg Robideau, Alan Teeter, Debbie Teeter, Annemich
Hanalson, Betty Tompkins, Diane Aramini, Margaret Willis, Doug Willis, Peter Meskill, Mary
Hubbell, Lee Shurtleff, Denise Hubbell, Tom Gunningsmith, Gary Fisher, Marnie Kirchgesssner.
Meeting was partially videotaped by Greg Stilwell.
Pledge of Allegiance:
Supervisor Owens led the assemblage in the Pledge of Allegiance to the Flag.
Welcome & Introductions:
Supervisor Owens welcomed everyone and introduced Attorney for the Town Tim Mattison
announcing that he has asked for a few minutes to meet with the Board in Executive Session.
Motion made by Supervisor Owens, seconded by Councilperson Small that the Town Board move
into Executive Session for the purpose of seeking legal counsel.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye,
Councilperson Harvey aye, Supervisor Owens aye. Motion carried.
Moved into Executive Session at 7:05 p.m.
Motion made by Councilperson Fisher, seconded by Councilperson Harvey that the Town Board
move out of Executive Session.
Special Town Board Meeting Minutes – December 19, 2006 2
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye,
Councilperson Harvey aye, Supervisor Owens aye. Motion carried.
Moved out of Executive Session at 7:45 p.m.
Supervisor Owens announced that the Town Board and its attorney wished to meet in Executive
Session with five members of the Enfield Volunteer Fire Company’s Board of Directors and its
attorney for the purpose of contract discussions.
Mark Butler, Attorney with Harris Beach, representing the Enfield Volunteer Fire Company, Inc.
introduced himself and thought it a good idea as well to meet in Executive Session with members of
the Fire Company.
Supervisor Owens stated that comments from the floor would be heard until 8:00 p.m. and asked
that a timekeeper be appointed to limit individual comments to three minutes, no one was
appointed.
Privilege of the Floor:
Denny Hubbell, President of the Enfield Volunteer Fire Company, Inc.: Reported that the
intent of the Fire Company is to get the contract settled, that the Fire Company is willing to
negotiate with the Town Board and it is the Fire Company’s intent to continue to provide the
services they have for the town and hopes that in good faith the two attorneys can reach a
settlement.
Gary Fisher (Buck Hill Road): Concerned about the contract in terms of fire department
expenditures on equipment. The Fire Company keeps referring to the fact that the Town Board gave
them a verbal agreement to purchase a new fire truck every five years and asked Supervisor Owens
if she had done so because he was not aware of such an arrangement. Supervisor Owens indicated
that she did not agree to a replacement plan while being Supervisor for the Town. Fisher reported
that even if that were the case, a Town Board cannot commit a future Town Board to such an action
or agreement and even if it were done, it would hold no weight. He believes the Fire Company
needs to take a good look at their replacement policy.
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Supervisor Owens thanked everyone for coming and invited the Fire Company attorney and five
members of the Fire Company to join the Town Board in Executive Session for purposes of
discussing the fire protection contract.
Those attending the Executive Session: Supervisor Owens, Councilperson Hubbell, Councilperson
Fisher, Councilperson Small, Councilperson Harvey, Attorney for the Town Tim Mattison. Fire
Company members: President Denny Hubbell, Vice President Larry Stilwell, Board of Directors
members Greg Stilwell and Larry Lanning, Fire Chief R. J. Switzer, Fire Company Attorney Mark
Butler.
Special Town Board Meeting Minutes – December 19, 2006 3
Executive Session:
Motion made by Councilperson Fisher, seconded by Councilperson Hubbell that the Town Board
and the Enfield Volunteer Fire Company representatives move into Executive Session to discuss the
fire protection contract.
Discussion: Councilperson Hubbell asked if there would be further Privilege of the Floor.
Supervisor Owens inserted that she wanted to allow sufficient time to conduct discussion and added
that the Board may meet in Executive Session for a lengthy period of time and left it to the public’s
discretion if they wanted to hang around.
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye,
Councilperson Harvey aye, Supervisor Owens aye. Motion carried
Moved into Executive Session at 8:10 p.m.
Motion made by Councilperson Hubbell, seconded by Councilperson Fisher that the Town Board
and Enfield Volunteer Fire Company representatives move out of Executive Session.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye,
Councilperson Harvey aye, Supervisor Owens aye. Motion carried.
Moved out of Executive Session at 9:34 p.m.
It was agreed that another Special Town Board Meeting in Executive Session be scheduled for
Tuesday, January 9, 2007 at 6:30 p.m. for purposes of further fire protection discussions.
Attorney for the Town Tim Mattison proposed the following resolution:
The Town Board hereby resolves and agrees to enter into an addendum to the existing fire service
contract with the Enfield Volunteer Fire Company whereby the current contract will be extended or
reflected in such addendum for a period of thirty days from January 1, 2007 to January 31, 2007
with said contract addendum to provide for the payment from the Town of Enfield to said Fire
Company in the amount of $25,000.00, and
Further, that said addendum will include an extension if not re-negotiated by January 31, 2007 to
February 28, 2007 with a payment to the Enfield Volunteer Fire Company in a prorated amount
equal to an annual figure of $225,000.00 or $18,750.00, and
All other terms of the current agreement to remain in full force and effect throughout said period
covered by the addendum.
Motion moved by Supervisor Owens, seconded by Councilperson Hubbell.
Discussion: Fire Company to submit their quarterly reports ending December 31, 2006.
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye,
Councilperson Harvey aye, Supervisor Owens aye. Motion carried.
Summary for Media: Ithaca Journal – Reporter Michelle King
Tim Mattison, Attorney for the Town reported that he believed it was fair to say that there was
significant progress made in terms of an ultimate resolution and most certainly, progress was made
in terms of a short term solution. Mark Butler, EVFC Attorney concurred and added that there was
Special Town Board Meeting Minutes – December 19, 2006 4
good discussion. He highlighted that the parties agreed to an extension of the current agreement in
order to give sufficient time to work out the remaining details. He felt everyone walked away with
a sense of accomplishment.
Unity House:
Supervisor Owens asked for authorization to sign letter of approval with Unity House. Owens
spoke with Mrs. Miles and her daughter and their primary concern was that a privacy fence be
erected the full length of the property. Unity House said they would be willing to do that and had
intended to do it because of the close proximity of her house. The other provision included and
agreed to by Unity House was that the individualized residential alternative would be open for
individuals with mental retardation and developmental disabilities. Mr. Robideau asked that this be
a requirement and that Unity House not take in any other types of clients at this Sheffield Road
residence.
Motion made by Councilperson Small, seconded by Councilperson Fisher that the Town Board
authorizes the Supervisor to sign the Letter of Approval with Unity House at 216 Sheffield Road.
Discussion: Councilperson Harvey asked if everything was brought up to code and Code
Enforcement Officer Clark reported that everything is brought up to code. Ron Clark further
reported that according to a 1960 law called the Padiman (?) Law that came out to protect unity
houses, said that as long as they stay under 14 residents, it has to be treated as a normal single
family residential. The only thing they had to do was to make sure the smoke detectors were
interconnected because it was built under the new residential code. Code Enforcement Officer
Clark believes they will be putting in a fire alarm system. Councilperson Small asked about the
construction concerns. Ron Clark reported that he had stamped prints from an architect that said
what the contractors were doing was sufficient enough to bring that building back. Councilperson
Small asked if Unity House needed to obtain approval from the Town of Ithaca. Supervisor Owens
said the law states the municipality in which the facility is being built in has jurisdiction. Gary
Fisher added that is true for approval purposes but in most cases anytime there is zoning, housing
and/or development issues along a municipal boundary line all municipalities are notified so they
can have input. Councilperson Hubbell noted that no taxes would be collected on the property.
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye,
Councilperson Harvey aye, Supervisor Owens aye. Motion carried.
Audit of Claim:
Councilperson Harvey asked that the bill for the eight replacement windows that were already
installed in the community building be paid.
Motion made by Councilperson Harvey, seconded by Councilperson Hubbell that the Town Board
authorizes the Supervisor to pay General Fund voucher #246 in the amount of $2,097.26.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye,
Councilperson Harvey aye, Supervisor Owens aye. Motion carried
Special Town Board Meeting Minutes – December 19, 2006 5
Special Year-End Town Board Meeting:
Supervisor Owens reported that the Special Year-End Town Board meeting be scheduled for
Wednesday, December 27, 2006 at 7:00 p.m.
Letter of Engagement - Ciaschi, Dietershagen, Little & Mickelson, LLP – Certified Public
Accountants and Consultants:
Supervisor Owens asked for authorization to sign the Letter of Engagement with the certified public
accountants and consultants of Ciaschi, Dietershagen, Little, Mickelson & Company, LLP for a
basic audit as it relates to the Town’s 2005 contract with the Enfield Volunteer Fire Company, Inc.
for the period January 1, 2005 through December 31, 2005.
Motion made by Councilperson Small, seconded by Councilperson Fisher that the Town Board
authorizes the Supervisor to sign the Letter of Engagement with the auditors.
Discussion: Councilperson Small reported that she had a concern with only 80% of the
expenditures being examined. Although 100% of the expenditures have been documented, only
80% were reviewed. She noted most of the big items were reviewed leaving some of the smaller
ones unexamined. She read from an email she received from Patrick Jordan of Ciaschi,
Dietershagen in that most of “the expenditures were pretty straightforward with the exception of the
credit card/charge accounts which include several items that are split across several accounts. The
Board could then let us know if they would like us to look at or explain the expenditures in further
detail. I could go back and get more information if they would like. We are right about at our
preliminary cost estimate.”
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye,
Councilperson Harvey aye, Supervisor Owens aye. Motion carried.
Adjournment:
Motion made by Councilperson Hubbell, seconded by Councilperson Fisher that the December 19,
2006 Special Town Board Meeting adjourn.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye,
Councilperson Harvey aye, Supervisor Owens aye. Motion carried.
Meeting adjourned at 10:05 p.m.
Respectfully submitted,
Alice Laue
Town Clerk