HomeMy WebLinkAbout2006 Feb 15 Special TBMApproved April 12, 20o6
Enfield Town Board
SPECUL Meeting
February 15, 2oo6 at 7:00 IM
Enfield Community Building -- 182 Wield Mali Road, Ithaca, lY 14850
Meeting called to order by Supervisor Jean Owens at 7:00 PM.
Present: Supervisor Jean Owens
Councilperson Peggy Hubbell
Councilperson Sandra Small
Councilperson Jennifer Fisher
Councilperson Rob Harvey
Town Clerk Alice Laue
Others present: Deputy Town Clerk Pat Dougherty, Special Guest Bill Stewart, NYS
Codes Division Regional Manager, Code Enforcement Officers, Ron Clark and Ed
Hetherington, Bookkeeper Pat Podufalski and Frank Podufalski, David B. and Rachel
Jacobsen, Helen Jackson Hetherington, Carol and. Roy Barriere, Dave Owens, Harry
Wright, Robert Oliver, Jane Murphy, Jim and Mary Linton, Bruce Rumsey, Jack
Rumsey, Phyllis Radke, Arthur and Sue Howser
Pledge of Allegiance:
Supervisor Owens led the assemblage in the Pledge of Allegiance.
Special Guest:
After the failure of the re -appointment of Ed Hetherington as an Enfield Code
Enforcement Official at the February 8, 20o6 Town Board meeting, a Special Code
meeting was called by Supervisor Owens. It was held on February 11th, Saturday, at the
Enfield Community Building. After that meeting, it was recommended that Bill Stewart,
NYS Codes Division Regional Manager, talk to the entire Board.
Supervisor Owens introduced :Bill Stewart and asked him to explain the
relationship between State Code Enforcement and the Town Board. Stewart gave a brief
history of how building codes were adopted. Its official name is The New York State
Uniform Fire Prevention and Building Codes. This building code act was passed in 1981
and went into effect on January 1, 1984. This code remained in effect until 2003 when
the Governor asked NYS to adopt the International Codes Council series of Building
Codes.
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February 15, 2006 -- SPECIAL Town Board Meeting
Municipalities/town/cities were directed to appoint Code Enforcement Officials.
They are required to enforce the NYS Uniform Fire Prevention Building Codes and
should, on a monthly basis, report on their activities to the Town Board. They are
directed by the Town Supervisor according to Stewart. "The Town Board is not their
boss." The Board can emphasize areas that need to be looked at. The Board was
informed that all codes are available in the Code Enforcement Office in a book that cost
the Town about $600. It's hard for lay people to understand.
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Frank Podufalski asked about handicapped persons' requirements. Bill Stewart
said Chapter i1 in the Building Codes of NY deals with handicap assessable buildings.
As far as the Community Building is concerned there's an Appendix K: 604 in Chapter 1i
related to meeting handicap requirements.
Privilege of the Floor:
Phyllis Radke stressed the amount of time it has taken to train Code Official
Hetherington, as well as the amount of money expended. She holds a similar office with
the City of Ithaca and stated how important it is to have someone with this amount of
training working for the Town.
Supervisor Owens explained that at the February 8, 20o6 Regular Town Board
meeting a vote to re -appoint Code Official Ron Clark passed. However, a vote to re-
appoint Code Official Ed Hetherington failed. Owens called the Association of Towns
and found that the Town needs a local law to fire an employee of the Town.
Councilperson Harvey pointed out that Hetherington has not been fired. He has not
been reappointed.
Art Howser, an Enfield Volunteer Fireman, spoke of Enfield being on an upward
curve, some of it because code enforcement has been beneficial in the clean-up and fire
prevention areas.
Bill Stewart suggested that the Town continue with this situation, as it exists,
until March 22, 20o6 when Mary Russell, the Attorney for the Town becomes official.
Councilperson Small said she would like to hold an executive session immediately and
get this resolved.
A motion was made to hold a Public Hearing on March 8, 20o6 at 7:00 PM at the
Enfield Community Building to discuss the 20o6 Small Cities Program.
Motioned: Councilperson Hubbell
Seconded: Councilperson Fisher
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February 15, 2006 -- SPECIAL Town Board Meeting
Discussion:
Vote: Supervisor Owens ... aye. Councilperson Fisher ... aye. Councilperson
Harvey ... aye. Councilperson Hubbell ... aye. Councilperson Small ... aye.
Motion carried.
A motion was made to move into executive session with Code Enforcement
Officers Ron Clark and Ed Hetherington to discuss personnel issues.
Motioned: Councilperson Small
Seconded: Councilperson Harvey
Discussion:
Vote: Supervisor Owens ... aye. Councilperson Fisher ... aye. Councilperson
Harvey ... aye. Councilperson Hubbell ... aye. Councilperson Small ... aye.
Motion carried.
A motion was made to move out of executive session.
Motioned: Councilperson Hubbell
Seconded: Councilperson Fisher
Discussion:
Vote: Supervisor Owens ... aye. Councilperson Fisher ... aye. Councilperson
Harvey... absent. Councilperson Hubbell ... aye. Councilperson Small..aye.
Motion carried.
A motion was made to rescind the motion of February 8, 2006 for the non -
appointment of Ed Hetherington until the Attorney for the Town comes on board with
legal advice regarding the non -appointment. This discussion will resume at the April
12, 2006 Town Board meeting. Ed Hetherington will continue in his Code Enforcement
position until the situation is resolved.
Motioned: Supervisor Owens
Seconded: Councilperson Hubbell
Discussion:
Vote: Supervisor Owens ... aye. Councilperson Fisher ... aye. Councilperson
�. Harvey... absent. Councilperson Hubbell ... aye. Councilperson Small...aye.
Motion carried.
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February 15, 2006 -- SPECIAL Town Board Meeting
Adiournment: At 10:06 PM
Motioned: Councilperson Hubbell
Seconded: Councilperson Small
Discussion:
Vote: Supervisor Owens ... aye. Councilperson Fisher ... aye. Councilperson
Harvey... absent. Councilperson Hubbell...aye. Councilperson Small ... aye.
Motion carried.
Minutes transcribed by Deputy Town Clerk N. Pat Dougherty.
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