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HomeMy WebLinkAbout2006 Nov 27 Special Meeting TB.pdf APPROVED December 13, 2006 TOWN OF ENFIELD SPECIAL TOWN BOARD MEETING MINUTES MONDAY, NOVEMBER 27, 2006 7:00 P.M. A Special Town Board Meeting was held Monday, November 27, 2006 at 7:00 p.m. at the Enfield Community Building, 182 Enfield Main Road, Ithaca, New York with Supervisor Owens presiding. The meeting was called to discuss Fire Company related issues. Present: Supervisor Jean Owens, Councilperson Peggy Hubbell, Councilperson Sandra Small, Councilperson Robert Harvey and Town Clerk Alice Laue. Absent: Councilperson Jennifer Fisher. Others Present: Doug Willis, Peg Willis, Calvin Rothermich, Doris Rothermich, David Dimmick, Jerry Achilles, Mildred Achilles, Amber Achilles, Diane Aramini, Shirley Hubbell, Betty Tompkins, Linda Gunning, Tom Gunningsmith, Rebecca Gunningsmith, Gary Fisher, Louis Loiselle, Ann Owens, Brian Durfee, Melinda Durfee Pledge of Allegiance: Supervisor Owens led the assemblage in the Pledge of Allegiance to the Flag. Enfield Volunteer Fire Company, Inc.: Councilperson Harvey started off the meeting by expressing that it is a shame that the Town has to spend money out of the Town’s budget towards accountability purposes on behalf of the Fire Company. He proposed that in order to move fire contract negotiations further along, without waiting for an audit of the fire company’s 2006 financial records, that an audit of their 2005 financial records were in order. A motion was made by Councilperson Harvey, seconded by Councilperson Hubbell that the Town Board set aside $8,500 ($4,000 for the accountant and $4,500 for Town Board approved documented expenses incurred by the EVFC per 2006 contract) from the Contingency Account Contractual A1990.4 and create another line item numbered A1990.41 titled EVFC Audit Expenses for an audit of Enfield Volunteer Fire Company Inc.’s 2005 financial records to assist in the negotiation of the 2007 Fire Protection Contract. Discussion: Motion should be amended to include the $5,000 that was set aside and approved at a prior Board meeting for a 2006 audit of the Fire Company’s financial records. Budget amendment is needed to create the line for the audit and then what is not used could be encumbered for 2007. Councilperson Small asked if the Fire Company was going to consent to the audit. Supervisor Owens noted that in prior discussions, she has not heard of any objections to an audit. Councilperson Harvey asked Supervisor Owens to follow up with the Fire Company. Councilperson Small to email Supervisor Owens with the name of accountant who will be doing the audit. Details as to the Special Town Board Meeting Minutes – November 27, 2006 2 scheduling of the audit need to be worked out between the Fire Company and the Town Board before contacting the accountant. Need to move quickly on 2005 audit. Motion amended by Councilperson Harvey, seconded by Councilperson Hubbell that the Town Board set aside $13,500 ($4,000 for the accountant for 2005, $5,000 for the accountant for 2006 and $4,500 for Town Board approved documented expenses incurred by the EVFC per 2006 contract) from the Contingency Account Contractual A1990.4 and create another line item numbered A1990.41 titled EVFC Audit Expenses for an audit of Enfield Volunteer Fire Company Inc.’s 2005 and 2006 financial records to assist in the negotiation of the 2007 Fire Protection Contract. Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor Owens aye. Councilperson Fisher was absent. Motion carried. ---------------------------------------------------- Councilperson Harvey reported that he had made a few phone calls and said that the State Comptroller’s Office and Senator Winner recommended that the Town Board send letters out to other fire companies requesting assistance in the interim for back up fire protection until a contract is signed as well as asking the Enfield Volunteer Fire Company if they would provide the Town with fire protection during contract negotiations. He further added that after the present contract expires, the Town could contract with any entity for fire protection. Motion made by Councilperson Harvey, seconded by Councilperson Hubbell that the Town Board authorizes the Town Supervisor to sign letters requesting 2007 interim fire protection assistance from neighboring fire companies (Trumansburg, Newfield, Mecklenburg and the City of Ithaca) absent a signed fire contract with Enfield Volunteer Fire Company, Inc. Town Clerk to mail letters, receive responses, and is to share responses with the Town Board. Discussion: Supervisor Owens felt that without a fire protection contract the fire company would not have any insurance coverage. Councilperson Harvey stated that according to the State Comptroller’s office, he was under the impression that even though the Fire Company may not have a fire contract with the Town of Enfield, the Enfield Fire Company remains a valid fire company. If the Fire Company chose not to pay for their liability insurance, then they would lose their insurance. However, because Enfield Fire Company remains a fire company, then the mutual aid agreement would still be in effect. If a call was to go out and Enfield Fire Company did not answer the call, others could under the mutual aid contract. Councilperson Small felt that regardless of a contract, it would seem as though volunteers would want to respond. Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor Owens aye. Councilperson Fisher was absent. Motion carried. ------------------------------------------------------- Motion made by Councilperson Harvey, seconded by Councilperson Hubbell that the Town Board authorizes the Town Supervisor to sign the letter addressed to Enfield Volunteer Fire Company, Inc. inquiring as to their availability to provide fire protection for the Town absent a signed 2007 fire contract. Town Clerk to mail letters, receive responses, and is to share responses with the Town Board. Special Town Board Meeting Minutes – November 27, 2006 3 Discussion: Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor Owens aye. Councilperson Fisher was absent. Motion carried. Other Business: 2006 December Payroll Supervisor Owens reported that the Bookkeeper asked if the Town Board wished to move General Fund salaried employee payroll to December 15, 2006 or leave it December 31, 2006, a procedure that has been done in the past because of the holidays. Councilperson Hubbell thought it to be illegal. Consensus of the Board was to leave it December 31, 2006. Supervisor Owens to notify Bookkeeper of Board’s decision. 2007 Town of Enfield Final Budget Error: Councilperson Small asked if the 2007 Final Town Budget had been submitted to the County and if so, there appears to be an error in the final budget. Supervisor Owens responded that it had been filed. Councilperson Small pointed out a budget error in the Highway Fund summary sheet (page 13). $105,592.46 is shown as the total to be raised in taxes when it should actually show $105,872.29, an error of $279.83. Supervisor Owens to correct budget and resubmit to County. Health Insurance: Councilperson Small reported that she had contacted a few municipalities inquiring as to their policies on employee health insurance. She has contacted several municipalities and will be contacting others. Supervisor Owens reported that Town of Caroline Supervisor Barber is doing a health insurance survey, which should be available by the end of December for sharing. Councilperson Small at the request of the Supervisor Owens will circulate a memo to Town employees stating that the Board will be looking at the Town’s health insurance coverage and policies and that possible changes may be forthcoming. Audit Claims: Supervisor presented General Fund bills and vouchers for payment. Motion made by Councilperson Harvey, seconded by Councilperson Hubbell that the Town Board authorizes the Supervisor to pay General Fund vouchers #216-225 in the amount of $1,047.62. Discussion: Councilperson Hubbell asked what Thomson was and Clerk Laue said that appropriation account code should be changed to the Court’s line – A1110.4. Clarification of the Office Depot bill in the amount of $35.20 was explained. Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor Owens aye. Councilperson Fisher was absent. Motion carried. Privilege of the Floor: David Dimmick (466 Fish Road): Applaud Councilperson Harvey’s efforts and spoke about the lack of Supervisor leadership. He felt that the Town Supervisor should have the Fire Company Board of Special Town Board Meeting Minutes – November 27, 2006 4 Directors and Town Board meeting together negotiating a contract. He spoke on the Supervisor’s alliance with the Fire Company, realizing that she has been involved with the Fire Company for years and that many are friends but believes the Supervisor should recuse herself from contract negotiations and voting. Maybe the Board should seek clarification from the Attorney for the Town on the matter. He believes the Board has tried to get the Fire Company to the table and the Fire Company has refused. People of the Town are tired of taxes going up. He does not believe the Fire Company needs to be as elaborate as it is. The Town cannot afford it. He would like to see a change in the way the process is being handled. The 2007 fire contract should already be signed. Citizens have a right to see where their tax dollars are being spent. The Fire Company does not seem to want to be members of the community. If the Fire Company needs $250,000, show the community why. Raising taxes is not the answer. Supervisor Owens: Commented that she has been struggling to get the Town Board and the Fire Company’s BOD to sit down to work through all of the issues over the years. She highlighted that the conflict has been going on for a lot of years – 25 years. It continues to grow deeper and deeper and she cannot get the parties together in any kind of a reasonable fashion. The emotional level has grown. There are suspicions on everybody’s part. All parties are paying for attorneys to conduct discussions, which should be accomplished without an attorney. She hopes the attorneys will be able to have a third party discussion and then go back to their respective party to give legal advice and guidance. Without third party legal advice, a contract might not get signed, fire protection might not be in place, questions might not get answered and she believes it will take some time until a contract is signed to resolve all of these issues. She reports that she cannot give an answer to these questions because there is nothing seemingly she can do to stop both sides from digging further and further intrenched in opinion. Jerry Achilles (121 S. Applegate Road): Sorry to say but maybe the people running the Fire Company need to step down and new people need to step in and run the Fire Company; those people might be able to work with the Town Board. There seems to be problems within their own organization. Tom Gunningsmith (27 Waterburg Road): Mr. Gunningsmith reports that there are tremendous people working for the Fire Company. Their service, commitment and dedication have to be recognized. However, separating their commitment and dedication with fiduciary responsibility are two separate matters. He believes that one of the problems is that the Fire Company’s budget is 57% of the Town’s budget and the Town Board has no leverage or accountability over that budget, which is absolutely unacceptable to the taxpayers. He feels that part of the reason there is no leverage is a conflict of interest in the community since 1992 with the Town Supervisor and Board members serving on both the Fire Company and Town Board. This is unacceptable and a conflict of interest. He adds that a conflict of this nature would not be acceptable in Federal Government, State Government and should not be acceptable at a town level and feels it borders on a resignation. If arguing over $30,000 this year, that could be another Town Board room, Highway Department building. He wonders how much money has been wasted since 1990 on this whole project. He believes that personalities need to be removed - there are no personalities in a pick up truck. He adds that there is one letter missing – a letter to Mecklenburg and Newfield Town Fire Departments for a contract bid for one year. The Town should not be catering to the EVFC – it’s a competitive world. There is too much of a connection between the Supervisor and the Fire Department – the Supervisor should recuse herself and appoint someone to negotiate. The process has to change and the Fire Company cannot have 57% of the Town’s budget without leverage. Not submitting public financial records is an insult to everyone. Special Town Board Meeting Minutes – November 27, 2006 5 There has been a severe failure in leadership. Take personalities out of it, put the bids out there, take the cheapest bidder just like you would a pick up truck. Diane Aramini (120 S. Applegate Road): Enfield Fire Company has been in breach of their contract since Supervisor Owens has been in office. Did they send in quarterly reports on time? As Supervisor you should have held monies back until they made themselves accountable and does not believe the reports that have been submitted show accountability. The Supervisor should step up and tell the Fire Company their reports were not acceptable. She adds that she is not sure that Fire Company members know what is really going on and does not believe their Board of Directors have informed them. Gary Fisher (S. Buck Hill Road): In reference to the situation between the Town Board and the Fire Company going on for 25 years is just about like yesterday. He adds that those serving on the Town Board today are none of the same people who served on it 25, 20 or even 10 years ago. When he looks at the Fire Department he sees the same structure at the top that have been there for 25 years with a rotation of the same people. He agrees that there is a problem but does not believe it is with the Town Board, but rather the Fire Company. He reported also that he has issues with the 2007 final budget. He reports that he is appalled that errors were pointed out that were not corrected before they were submitted to the County and that the budget submitted did not meet the requirements of Town Law. The money for the SARA grant was never included. Social Security and Medicare figures are still inaccurate as well as other mistakes that were not corrected. Mr. Fisher also noted that the Town’s health insurance has been very good and does not know of any other entity that pays as well toward health insurance benefits as the Town of Enfield and agrees this should be looked at. He added that there are a lot of people out there that cannot pay their own health insurance let alone contribute to someone else’s health insurance. Shirley Hubbell (33 Harvey Hill Road): Thanked the Town Board for doing a tremendous job compared to anything she has seen during the past twenty years. Louis Loiselle (250 Connecticut Hill Road): In agreement with Mr. Gunningsmith. He adds that when he was a Fire Company member the Town dictated to the Fire Company what the Fire Company budget would be and it was accepted as such. If there was a disagreement, they sat down and talked with the Town Board, but he notices now that the Fire Company dictates to the Town what the budget is going to be. Glad to see representatives on the Town Board looking out for the taxpayers and not the Fire Company. He also commended the Town Board. Councilperson Peggy Hubbell: Highlighted that it is the same people and the same issues that have been going on since 1983 and does not understand how the Fire Company cannot show documentation. David Dimmick: Knows that there is a Town Ethics Manual and believes it should be updated. A committee of community members needs to be formed to rework the Town’s Ethics Manual (Town’s Ethics Manual dated 1970). Councilperson Sandra Small: Asked Supervisor Owens if she put an editorial in the Ithaca Journal and if so had she a copy to share? Supervisor Owens acknowledged that she submitted an editorial, which she ran by Lee Shurtleff, Denny Hubbell as a representative of the Fire Company, and Jennifer Special Town Board Meeting Minutes – November 27, 2006 6 Fisher as the Board member least involved in the issues. Her intent in writing the article was to be totally impartial and only to inform the public that there is discussion going on and that there is a problem. Tom Gunningsmith: Commented that running the article by Denny Hubbell does not show impartiality. Jerry Achilles: Public should have been told two months ago that negotiations were going on, not now when it is almost to the deadline when it would scare everybody. He believes that scaring the public is what is intended by the article and believes the article will show that the Town Board is not negotiating with the Fire Company. This incident shows that the Supervisor should recuse herself. Gary Fisher: Asked if anyone on the Town Board knew about the editorial before it was published? Only Jennifer Fisher. Mr. Fisher highlighted that obviously if the Town Supervisor felt there was sufficient reason or an appearance of a conflict of interest to resign from the Fire Department then there is sufficient reason to recuse herself and take no further part in Fire Company contract negotiations. He felt that the Supervisor should step aside and that somebody on the Town Board should be appointed as the head person to negotiate the contract with the Fire Department. Doug Willis (Black Oak Road): Asked about the Deputy Town Supervisor and added that this is the first time in many years that the majority of the Town Board has not been Fire Company members. He added that everyday he hears of another 911 rescue call where Enfield Fire Company does not respond. Bangs makes it before Enfield does. Councilperson Robert Harvey: Added that during 911 the firemen ran into the building to get the people out and did not talk to their commander first to ask if they were under contract. Contract or no contract, they did what they had to do. He believes that if the gentlemen in Enfield are firemen, contact or no contract, we will have fire protection. Adjournment: Motion made by Councilperson Hubbell, seconded by Councilperson Small that the November 27, 2006 Special Town Board Meeting adjourn. Discussion: Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor Owens aye. Councilperson Fisher was absent. Motion carried. Meeting adjourned at 8:25 p.m. Respectfully submitted, Alice Laue Town Clerk