HomeMy WebLinkAbout2006 Nov 8 Regular Meeting TB.pdfAPPROVED December 13, 2006
TOWN OF ENFIELD
REGULAR TOWN BOARD
MEETING MINUTES
WEDNESDAY, NOVEMBER 8-2006
7:00 P.M.
The regular monthly meeting of the Town of Enfield Town Board was held Wednesday, November 8,
2006 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, Larry Saulsgiver, Arleen Saulsgiver, Linda Stilwell, Carol
Barriere, Roy Barriere, Jerry Achilles, Mildred Achilles, Betty Tompkins, Mike Carlison, Kris
Carlison, Bill Mather, Ed Hetherington, Helen Hetherington, Gary Fisher, Charles Hubbell, Joe Brand,
Karen Brand, Gail Eddy, Jon Hubbell, David Dimmick, Byron Smith, Diane Aramini, Bertha Hubbell,
Amber Achilles, Louis Loiselle, Calvin Rothermich, Brian Durfee, Amber Dew, Jolee Carlisle, Bill
Eisenhardt,, Adam Premo, Chris Conian, Ron Clark, Pat Dougherty.
Pledge of Allegiance:
Supervisor Owens led the assemblage in the Pledge of Allegiance to the Flag.
Privilege of the Floor:
No one wished to speak.
Approval of October 11, 2006 Regular Town Board Meeting Minutes:
Motion made by Councilperson Fisher, seconded by Councilperson Hubbell that the Town Board
approve the adoption of the October 11, 2006 regular Town Board Meeting minutes.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Approval of October 14, 2006 Special Town Board Meeting Minutes, October 23, 2006 Special
Town Board Meeting Minutes, October 28, 2006 Special Town Board Meeting Minutes and the
November 2, 2006 Emergency Special Town Board Meeting Minutes:
Motion made by Councilperson Hubbell, seconded by Councilperson Small that the Town Board
approve the adoption of the October 14, 2006 Special Town Board Meeting minutes, October 23, 2006
Special Town Board Meeting minutes, October 28, 2006 Special Town Board Meeting minutes and the
November 2, 2006 Emergency Special Town Board Meeting minutes.
Regular Town Board Meeting Minutes – November 8, 2006 2
Discussion: Supervisor Owens announced that she and Town Clerk Laue had a discussion with respect
to the inclusion of verbatim minute reporting when people ask if they can go on record and supports, in
terms of liability for the town and length of minutes, that presentations from now on should be
summarized.
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Attorney for the Town – Tim Mattison, Esq.
Attorney Mattison introduced himself to the Town Board and the public. Practiced law for twenty-
three years in Elmira, has a general practice, self-concentration in municipal law, attorney of nine
towns and two villages. Role as Attorney for the Town is to advise the Town Board on issues of law
and to prosecute on behalf of the Town certain legal actions and defend the Town if it should be sued
in certain areas.
Attorney Letter of Agreement:
Motion made by Councilperson Hubbell, seconded by Councilperson Fisher that the Town Board
authorizes the Supervisor to sign the Letter of Agreement employing Attorney Tim Mattison as
Attorney for the Town.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Communications/Correspondence:
Cornell Cooperative Extension letter designating November as the annual 30-day period for
landowners to request their land be added to an agricultural district.
Survey from Cornell Cooperative Extension sent to farmers and rural landowners on use of
land. Survey due back to Cooperative Extension by 11-3-06.
Letter from TCAT seeking TCAT Advisory Group applicants.
Committee/Board Reports:
Tompkins County Legislator: Greg Stevenson
October meeting spent an inordinate amount of time discussing pros and cons of a resolution
suggesting to our Federal Government Officials a withdrawal from Iraq. The budget for fiscal year
2007 is available for public comment. Formal Public Hearing scheduled for Tuesday, November 14,
2006 at 7:00 p.m. at the County Courthouse in Legislators Chambers.
Bill Mather asked if something could be done with respect to fixing the first block of Iradell Road
between Route 96 and the Enfield Town line. He said it is no longer passable with at least 8 feet of
good asphalt. One side of the road is Ulysses and the other side is Ithaca and nobody lays claim to
fixing anything. County Legislator Stevenson said he would check into it.
Regular Town Board Meeting Minutes – November 8, 2006 3
Highway Department: Submitted a written report. The Department has been servicing the trucks for
winter, tightened chains in the spreaders and put them in the trucks, replaced hydraulic hoses that have
been spliced or worn bad on trucks. We dug some ditch, patched potholes and cut some brush, also
been hauling cinders.
Code Enforcement: Code Officer Ron Clark distributed his monthly report prior to meeting and
highlighted on same.
Personnel: Councilperson Small presented the following resolution with respect to the hiring of a
records clerk on a temporary basis for indexing of Town Board meeting minutes to fulfill the
requirement of the approved SARA grant. Resolution was moved and amended by Councilperson
Small, seconded by Councilperson Harvey.
RESOLUTION #31 - 2006
Authorizing the Hiring of Records Clerk on a Temporary Basis
WHEREAS, the Town of Enfield was awarded a State Archives and Records Administration Grant
(SARA) for the period 7-1-2006 to 6-30-2007. It was announced that the SARA grant was approved
for $3,276 with an expiration date of June 30, 2007, and
WHEREAS, the application provided for the hiring of a Records Clerk to index the Enfield Town
Board minutes from 1996 to the present, and
WHEREAS, this position will be reinstated by the Tompkins County Personnel Department as a Typist
(part-time), a non-competitive position.
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Enfield has previously authorized the establishment
of the Typist (part-time) position; and be it further
RESOLVED, that the Town Board hereby authorizes and requests the Town Supervisor to take steps
necessary to fill this position and to execute and return to the Tompkins County Personnel Department
the forms necessary to complete this process.
Discussion: Councilperson Hubbell pointed out a mistake in the first paragraph noting that the grant
application was not submitted on November 8, 2006 but rather in December of 2005. Resolution was
amended to reflect the grant period of 7/1/06-6/30/2007 with an expiration date of June 30, 2007.
County Personnel Office Form MSD-428 for the hiring of Leslie Phelps as Typist for the project was
signed by Supervisor Owens.
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Resolution carried.
Planning Board: Planning Board member Calvin Rothermich reported that the Planning Board is
working on a Noise Ordnance that can be enforced.
Tompkins County Council of Government (TCCOG): Supervisor Owens reported that the
committee discussed deer control in the city and country and that the health insurance grant has been
submitted.
Old Business:
Naming of 20 East Enfield Center Road for 911 Purposes: Supervisor Owens reported on the need
for naming of the private drive for 911 purposes only and that it will not be adopted as a Town
Regular Town Board Meeting Minutes – November 8, 2006 4
highway. One individual proposed Carlison Drive, 4-Wheel Drive, Labrador Drive and two individuals
proposed Hedgerow Drive. Supervisor Owens checked with the 911 Center and there was no other
Hedgerow Drive in the County.
Motion made by Supervisor Owens, seconded by Councilperson Small that for the purposes of naming
private roads for public safety, present 20 East Enfield Center Road will be renamed Hedgerow Drive.
The Enfield Code Officer will issue street numbers to residents. Hedgerow Drive is not being accepted
as a Town of Enfield road but remains a private driveway with multiple residences.
Discussion: Code Enforcement Officer Clark reported that after further research, Hedgerow Drive
will be used for postal service delivery. The Hedgerow Drive address will cross reference 20 East
Enfield Center. Residence will have to change their address. Mr. Clark will be making up the 911
signs.
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
New Business:
Health Insurance for Retirees - Medicare Supplemental Part B
Supervisor Owens introduced Jon Hubbell who retired from the Town after 35 years. She explained
that a situation had come up and she had convened a meeting with all retirees and their families,
Highway representatives Miller and Dew, and Pat Dougherty. Councilperson Hubbell was also in
attendance. She explained that once a retiree has reached the age of 65, they are eligible for Medicare
supplemental insurance. The three Town retirees are on different plans – Plan A, B and C. At this
meeting, Jon Hubbell presented that he is on Plan A and that every time he went to the hospital he had
to pay over $900. A retiree on Plan B has that coverage paid for by the Town. A person on Plan C has
hospitalization and long term care coverage paid for by the Town. Out of this meeting, the group
would like to see the Town provide Plan B for all Town retirees with the exception of the one retiree
that is presently on Plan C. Supervisor Owen then presented the Board with the following resolution
for consideration.
RESOLUTION # - 2006
Amendment of Town of Enfield Employee Handbook Section 800-7
WHEREAS, the Town of Enfield reimburses eligible retirees for the cost of the Medicare Part B
premium; and
WHEREAS, there are presently six plans for retirees at Excellus BlueCross Blue Shield, Central New
York Region to choose from which has resulted in retirees enrolling in differing plans resulting in
unequal benefits to the retirees.
NOW, THEREFORE, be it
RESOLVED, that the Town of Enfield Employee Handbook Section 800-7, under “Supplemental
Medicare Policy (Medicare Part B)” be amended to read, “The Town will reimburse an eligible retiree
for the cost of the Medicare Part B premium. Effective November 8, 2006, all eligible retirees will be
reimbursed at Excellus BlueCross Blue Shield, Central New York Region, Medicare Supplemental
Plan B rates. The eligible retiree who is presently receiving Plan C benefits is grandfathered and will
continue to receive Plan C benefits without interruption.
Resolution moved by Supervisor Owens, seconded by Councilperson Harvey.
Regular Town Board Meeting Minutes – November 8, 2006 5
Discussion: Councilperson Small asked for more time to research the issue because she didn’t think it
was $952 per hospital visit and thought maybe it was a yearly deductible. She also mentioned that she
has issues with the Town paying higher premiums for a retiree on Plan C that worked for the Town for
a short period of time. Pat Dougherty said the way she interpreted Plan A was that it is a deductible of
$952/quarter, out of pocket. She also added that the person on Plan C had worked for the County for
over 30 years and was Highway Superintendent for two terms and that the Town Board at the time
retired him on the Town’s insurance on Plan C. At one time his insurance was dropped for a whole
year and then it was reinstated. He is now 79 years old and is not in good health, he was encouraged to
retire under the Town’s policy. He could have retired under the County’s policy. Councilperson
Hubbell added that back then there was not a concrete policy in place. Supervisor Owens said that at
this point the man is retired under the Town’s health insurance and that is what he is depending upon
for the rest of his life and to discontinue that at this point just did not seem fair. Councilperson Small
also added that not only should the resolution make reference to the Employee Handbook 800 -7 but it
should also make reference to the Town’s Policies and Procedure Manual Policy 200.2C
Vote: No vote taken. Resolution was withdrawn pending further research. Item to be discussed at a
future Town Board meeting.
Public Hearing:
A Public Hearing will be held tomorrow night, Thursday, November 9, 2006 on the Preliminary
Budget at 7:00 p.m. with a Special Town Board Meeting following the public hearing.
Amend Abstract #10 – Voucher #114
Motion made by Supervisor Owens, seconded by Councilperson Hubbell that the Town Board approve
the amending of voucher #114, appropriation account code DA9060.81 from $492.12 to $429.12 and
2006 Abstract #10, page 2, total from $103.402.95 to $103,339.95.
Discussion: Supervisor Owens explained that on last month’s abstract she had reversed some numbers
with respect to the payment that was sent out to cover health insurance and that this motion is to
correct that error.
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Budget Amendments:
RESOLUTION # - 2006
Town of Enfield 2006 Budget Amendment No. 11
Increasing Highway Fund CHIPS Appropriation and Unexpended Balance
WHEREAS, the Town of Enfield Highway Superintendent didn’t expend $12,831.14 in 2005 CHIPS
fund received from New York State during 2005, and
WHEREAS, those fund have been expended in 2006 as allowed by New York State CHIPS funding.
NOW, THEREFORE, be it
RESOLVED, that the Highway Fund appropriation DA5112.2 titled “CHIPS – Contractual” be
increased by $12,831.14 from $64,400.00 to $77,231.14 and the 2006 Unexpended Highway Fund
Balance be increased from $25,000.00 to $37,831.14.
Regular Town Board Meeting Minutes – November 8, 2006 6
Resolution moved by Supervisor Owens, seconded by Councilperson Fisher.
Discussion: Gary Fisher interrupted and said that this amount of money was included in the
$64,400.00 that was carried over. Supervisor Owens withdrew her motion until further research was
made.
Vote: No voted taken, resolution was withdrawn.
RESOLUTION #32 – 2006
Town of Enfield 2006 Budget Amendment No. 12
Increasing General Fund Building Personal Services
WHEREAS, the Town Board has hired a cleaner for the Town Hall and Community Building, and
WHEREAS, the $300.00 budgeted for cleaning services has been expended.
NOW, THEREFORE, BE IT
RESOLVED that the General Fund appropriation titled, “Buildings – Personal Services” A1620.1 be
increased from $300.00 to $500.00 and General Fund appropriation titled, “Contingency Account –
Contractual” A1990.4 be decreased from $17,238.79 to $17,038.79.
Resolution moved by Supervisor Owens, seconded by Councilperson Hubbell.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Resolution carried.
RESOLUTION #33 – 2006
Adoption of the Tompkins County Drug and Alcohol Consortium Substance Abuse Policy
WHEREAS, the Town of Enfield desires to participate in the Tompkins County Drug and Alcohol
Testing Consortium, and
WHEREAS, the Town Board agrees to the content of the Tompkins County Drug and Alcohol Testing
consortium Federal Motor Carrier Safety Administration (FMCSA) Substance Abuse Policy (for
commercial driver’s license employees),
NOW, THEREFORE BE IT
RESOVLED that the Town of Enfield hereby adopts the Tompkins County Drug and Alcohol Testing
Consortium Federal Motor Carrier Safety Administration (FMCSA) Substance Abuse Policy, and
further be it
RESOLVED that the Supervisor is authorized to sign the Tompkins County Drug and Alcohol Testing
Consortium Statement of Acceptance
Resolution moved by Supervisor Owens, seconded by Councilperson Small.
Discussion: Supervisor Owens reported that a couple of changes were made. This is essentially the
same contract except for the omission of one redundancy and the removal of the section relating to
prescribed medication, which probably was removed because of the new privacy regulations.
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Resolution carried.
Regular Town Board Meeting Minutes – November 8, 2006 7
Superior Disposal Contract: Supervisor Owens asked for authorization to sign a one-year renewal
contract with Superior Disposal. Rates increased from $78.06 to $85.00. Motion made by
Councilperson Small, seconded by Councilperson Fisher that the Town Board authorizes the
Supervisor to sign a one-year renewal contract with Superior Disposal effective immediately.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Resubmission of Housing Rehabilitation Grant: Supervisor Owens asked the Board for some
guidance with respect to resubmission of the housing rehabilitation grant and stated that the cost of
reapplying is up to $2,500 but that she could inquire to specific areas of the application that needed
reworking. Councilperson Small added that $5,700 was initially spent and with the addition of another
$2,500 it would bring the total to $8,200 with no guarantee the Town would get the grant.
Councilperson Hubbell suggested that Supervisor Owens check to see what was wrong with the
Town’s application and maybe it would not cost as much as $2,500 to resubmit. Board felt more
information was needed before resubmission.
Audit Claims:
Supervisor Owens presented bills for payment. Motion made by Councilperson Fisher, seconded by
Councilperson Small that the Town Board authorizes the Supervisor to pay:
General Fund vouchers #198-215 in the amount of $10,767.18, and
Highway Fund vouchers #115-125 in the amount of $13,592.84.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Other Business:
Councilperson Small asked if reimbursement had been received with respect to the
Beautification Committee projects. Supervisor Owens reported that they are in the process of
submitting copies of bills for payment along with hours served and that payment should be
received shortly.
Councilperson Small asked if Supervisor Owens had an update with respect to the 2007 Fire
Protection Contract. Supervisor Owens reported that the Fire Company has retained Attorney
Mark Butler from the firm of Harris, Beach. Supervisor Owens had received a phone call from
Mr. Butler who suggested that he would like to meet with Supervisor Owens, the Attorney for
the Town, himself and the President of Fire Company. She suggested that a better avenue
would be to talk with all of the Board members. She left it with him that he would be
contacting the Board members in developing a plan for discussion to take place. Mr. Butler did
suggest to Supervisor Owens that because it is a contract discussion with possible litigation that
the Board could meet as a Board with the Attorney for the Town in Executive Session She is
not sure if that is what will be proposed and that is as far as their discussion went.
Councilperson Small said she did not see the need for an Executive Session and felt the
meeting should take place as an open meeting. With permission from the Board,
Regular Town Board Meeting Minutes – November 8, 2006 8
Councilperson Small handed Mr. Mattison a copy of the Board’s 2007 proposed Fire Protection
Contract. Mr. Mattison added that not knowing the situation, whether it be a public meeting or
Executive Session is clearly an option for the Board and he was unclear as to what the possible
litigation might be. Supervisor Owens thought it appropriate and with permission from the
Board, to suggest to Mr. Butler that he contact Mr. Mattison directly. The Board and Mr.
Mattison were in agreement.
Councilperson Small asked for confirmation on the figure proposed in the 2007 Budget for
street lighting. After some discussion, Councilperson Hubbell clarified that the amount of
$1,000 was accurate.
Councilperson Harvey distributed a checklist that could be used in reviewing the Fire
Company’s financial records along with a sheet highlighting the differences between fire
protection districts and fire districts.
Councilperson Small asked Supervisor Owens for an update with respect to the item that was
discussed at the last regular Town Board in Executive Session or if the Board should move into
Executive Session for the update. Supervisor Owens reported that payment should be taken
care of shortly and by the end of December.
Announcements:
11/15/06 Cayuga Watershed Septic System Clinic – 7:00 p.m. Community Building.
11/30/06 Cayuga Watershed Well Water Clinic – 7:00 p.m. Community Building.
Privilege of the Floor:
Gary Fisher (South Buck Hill Rd.): Finds it is not in the Town’s interest to vote on the Preliminary
Budget after the Public Hearing.
Adjournment:
Motion made by Councilperson Hubbell, seconded by Councilperson Small that the November 8, 2006
regular Town Board Meeting recesses until Thursday, November 9, 2006 after the scheduled Public
Hearing.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye,
Councilperson Harvey aye, Supervisor Owens aye. Motion carried.
Meeting recessed at 9:00 p.m.
Respectfully submitted,
Alice Laue
Town Clerk