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HomeMy WebLinkAbout5-10-2006 Regular Meeting TB.pdfA P P R O V E D June 14, 2006 Enfield Town Board Regular Meeting May 10, 2006 at 7:00 PM Enfield Community Building -- 182 Enfield Main Road, Ithaca, NY 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: Legislator James Dennis, Deputy Town Clerk Pat Dougherty, Frank and Pat Podufalski, Code Enforcement Officer Ron Clark, Calvin Rothermich, Wynn Maxwell, Jim Linton, Amy Linton, Jessica Creswell, Larry and Linda Stilwell, Ed and Helen Hetherington, Dave, Ann and Laura Owens, Ron Switzer, Mary Cornell, Louis Loiselle, Larry and Arleen Saulsgiver, Roy and Carol Barriere, Milica Raduta, Matthew Griffin, Bari Berger, Laurel Garber, Art and Susan Howser, Debbie Teeter, Doug and Peg Willis, Bertha Hubbell, Ann Rider Pledge of Allegiance: Supervisor Owens led the assemblage in the Pledge of Allegiance. Privilege of the Floor: There was no one who wished to speak. Approval of Minutes: A motion was made to approve the minutes of the April 12, 2006 Town Board Meeting. May 10, 2006 - Enfield Town Board Meeting 2 Motioned: Councilperson Small Seconded: Councilperson Hubbell Discussion: Vote: Supervisor Owens…aye. Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Motion carried. Correspondence: Supervisor Owens received a letter from the Town of Ithaca Transportation Committee regarding a public discussion on the Recommendations from the pending Town Transportation Plan at 7:00 p.m. on May 18th at Town Hall…215 N. Tioga Street in Ithaca, NY Sprague Insurance: John Keuhn (sp), liaison, gave the Board a brief overview of the two programs the Town participates in via NYMIR. They are the Property and Casualty Program and the Workmen’s Compensation Program. Councilperson Hubbell asked about groups that use the Community Building. Keuhn said they need their own insurance. Councilperson Harvey asked what kind. Keuhn said General Liability. Committee Reports: Tompkins County Board of Representatives. Greg Stevenson (Enfield/Newfield) said that preparation of the 2007 County budget is well underway and a 0% levy is hoped for. Assessment grievances are completed. Supervisor Hubbell noted that the County will only give Jack Hubbell 15 garbage bags for all the garbage he picks up along the road side every year. He needs at least 75. Stevenson said he would “work on it.” Highway Department. There was no report. Supervisor Owens noted that clean-up week was in process at this time. Business Directory. Councilperson Small reported that Keith Kubarek was doing the layout of the directory. She hopes to get it to him within a week. At the next Board meeting she would like some ideas as to whom to distribute it to. May 10, 2006 - Enfield Town Board Meeting 3 Cemetery Committee. Councilperson Hubbell reported that Clark Marshall was coming to look at the tipped stones in Christian Cemetery. She has the Veteran’s flags ready to go on graves. Clean-up Week. Councilperson Small reported that things were going well and we were taking in about the same amount of stuff as we did last year. Code Enforcement. Ron Clark presented his monthly report. A demolition permit has been issued for the burned out Allen property on the Mecklenburg Road. The Muse Fest will hold its 7th annual event August 4, 5, 6, 2006. He asked for authorization from the Board to issue a permit. A motion was made to authorize Code Enforcement Office Ron Clark to issue a permit for the Muse Fest to be held August 4, 5, 6, 2006. Motioned: Councilperson Hubbell Seconded: Councilperson Small Discussion: Vote: Supervisor Owens…aye. Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Motion carried. Enfield Community Council. [ECC] Ann Rider, Vice President of the Enfield Community Council, noted that the Enfield Summer Day Camp will be held July 5th through August 11th this year. The Harvest Festival is September 23rd. ECC will be sponsoring the community garage sale this year. Ellen Cole is the new Editor for Enfield “Currents” Newsletter, replacing Kim Albrecht who resigned. “Currents” is mailed to 0ver 950 Enfield residents. Enfield Volunteer Fire Company. Ron Switzer, Fire Chief, submitted their quarterly report. It’s been a busy year. Switzer thanked the public for their support at the Chicken Barbecues. Councilperson Small reported that she and Councilperson Hubbell had attended their recent Board of May 10, 2006 - Enfield Town Board Meeting 4 Directors’ meeting wherein she had asked for copies of their quarterly reports and thanked the Fire Company for providing same. Facilities. Supervisor Owens reported that a list of accomplishments and needs has been identified. Next meeting is May 22nd at 7:00 PM. Councilperson Harvey said “all are welcome.” Wayne A. “ Tucker” Snyder is the Town’s new cleaner. A motion was made to appoint him to this position. A motion was made to appoint Wayne A. (Tucker) Snyder as Cleaner for the Enfield Town Hall and the Enfield Community Building at the rate of $10/hour. Motioned: Councilperson Hubbell Seconded: Councilperson Small Discussion: Supervisor Owens has been working on getting the chlorine to its correct level in the Community Building. The Health Department will do a reinspection on May 12th. Councilperson Harvey asked where the funds were coming from for the hiring of Mr. Snyder. Supervisor Owens said, perhaps “Buildings”…she’ll check. Harvey would also like a monthly statement and/or a voucher to date. Definite hours have not yet been established for Tucker. Supervisor Owens also noted that she had left Mr. Snyder a message about completing his employment application for the position and expects to have it soon. Vote: Supervisor Owens…aye. Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Motion carried. Personnel. Councilperson Small stated that she filed the MSD 428 reflecting the personnel change in the code enforcement department with the County Personnel Office. Planning Board. Councilperson Hubbell stated that the Planning Board would like a tw0-drawer, locking file cabinet. Code Enforcement Officer, Ron Clark, thought he could get a surplus one from Ithaca College. May 10, 2006 - Enfield Town Board Meeting 5 Old Business: Subdivision Regulations Hearing Set. A motion was made to set a public hearing on the Enfield Subdivision Regulations for 7:00 PM on June 14, 2006 at the Enfield Community Building. Motioned: Councilperson Fisher Seconded: Councilperson Small Discussion: Vote: Supervisor Owens…aye. Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Motion carried. Reappoint David Bock Deputy Town Supervisor. David Bock was appointed Deputy Town Supervisor at the February 8th Regular Town Board Meeting. However, previously appointed Deputy Town Supervisor, Frank Podufalski did not get his letter of resignation in until March 7th. Therefore, there was no vacancy at the time of Bock’s original appointment. A motion was made to reappoint David Bock as Deputy Town Supervisor. Motioned: Councilperson Fisher Seconded: Councilperson Harvey Discussion: Vote: Supervisor Owens…aye. Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Motion carried. Amend 2006 Voucher #78. A motion was made to amend the amount of 2006 Voucher #78 from $74.25 to $84.25 and 2006 Abstract of Audited Vouchers #4, Page 3 total from $10,196.78 to $10,206.78. Motioned: Councilperson Fisher Seconded: Councilperson Hubbell Discussion: May 10, 2006 - Enfield Town Board Meeting 6 Vote: Supervisor Owens…aye. Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Motion carried. Lease Agreement. Thor Oechsner, an organic farmer, wants to contract with the Town to” farm” the Town-owned property on Enfield Main Road. A motion was made to authorize Supervisor Jean Owens to sign the “Farm Rental Contract” allowing Thor Oechsner to “farm” the property owned by the Town of Enfield on Enfield Main Road for one year, which shall continue from year to year thereafter, until written notice of termination is given by either party. Motioned: Councilperson Small Seconded: Councilperson Hubbell Discussion: Councilperson Small noted there was no Exhibit A (map) attached as noted in the agreement and asked for a signed copy of the agreement once executed with the map attached. Vote: Supervisor Owens…aye. Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Motion carried. Court Computer. A motion was made to authorize Supervisor Jean Owens to order a new computer for the courts. There was an increase in the cost of the computer from the time of the first motion to order it. The cost is now $1,272.30. Motioned: Councilperson Small Seconded: Councilperson Hubbell Discussion: Vote: Supervisor Owens…aye. Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Motion carried. Reimbursement of 2003 Funds. May 10, 2006 - Enfield Town Board Meeting 7 Councilperson Small turned over to Supervisor Owens a check in the amount of $836 from the Hilton Inn in NYC, for reimbursement of conference funds. Councilperson Greg Stevenson and Ron Switzer were unable to get to the December 2003 Town Officials’ conference. Councilperson Small and Peggy Hubbell were able to track down the refund. Councilperson Small asked where this reimbursement would be credited. Bookkeeper Pat Podufalski said Account 1010.4, “Town Board Contractual.” New Business: Highway Cooperative Agreement. Resolution 2006 - #21 Highway Shared Services Authorization WHEREAS, Highway Law #142.D allows co-operative agreements for highway services and sharing of labor equipment and supplies; and WHEREAS, General Municipal Law Article 5-G allows and encourages municipal co-operations, by joint or contract basis, performance of powers and duties among themselves; and WHEREAS, it is deemed beneficial to the Town of Enfield to allow for shared highway agreements of equipment and services with other municipal highway departments; NOW THEREFORE BE IT RESOLVED THAT the Enfield Town Board authorizes the Town Supervisor pursuant to Highway Law #283 to enter into agreements for shared services and equipment with other municipalities and authorize, within existing budget constraints, the Town Highway Superintendent pursuant to Highway Law #284 to take such action to implement said agreements consistent with Town highway needs and availability, and maintain sufficient liability coverage to protect the Town in such joint efforts. Motioned: Councilperson Small Seconded: Councilperson Fisher Discussion: Vote: Supervisor Owens…aye. Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Resolution carried. May 10, 2006 - Enfield Town Board Meeting 8 Attorney for the Town Resolution. Supervisor Owens gave each Board member a copy of an “engagement letter” for Mary Russell, Attorney for the Town, to officially be brought on board. Councilperson Small made substantial alterations to the letter and then presented the following resolution. Resolution 2006 - #22 Majority Vote or Canvass of the Town Board of the Town of Enfield will Govern When the Attorney for the Town is asked to Render Legal Advice on an As Needed or on an Upon Request Basis WHEREAS, the Town Board of the Town of Enfield wishes to establish and define procedures for permitting the Attorney for the Town to render and provide “legal advice” on an “as needed” or on an “upon request” basis: and WHEREAS, by so doing, it would help eliminate the duplication of legal services and the overstepping of boundaries with that of the Town’s liability insurance provider in avoiding unnecessary legal advice and/or research; and WHEREAS, it would assist the Town in staying within the budgeted amount appropriated for the “attorney – contractual” account. NOW, THEREFORE, be it RESOLVED, that such “legal advice” on an “as needed” or on an “upon request” basis will only be permitted and authorized by a vote or canvass of the majority of the Town of Enfield’s Town Board; and it is further RESOLVED, that without said majority vote or canvass, the Attorney for the Town is not to offer any legal advice to any supervisor, councilperson, elected officials and/or officers of the Town including justices, highway superintendent, code enforcement officers and/or clerks, past or present. Motioned: Councilperson Small Seconded: Councilperson Fisher Discussion: Supervisor Owens noted that this resolution might not be legal. May 10, 2006 - Enfield Town Board Meeting 9 Councilperson Small noted that if the Board approves payment of the attorney’s bill, the Board would be doing so against a prior resolution concerning the reappointment of a code official. Vote: Supervisor Owens…no. Councilperson Fisher…no. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Resolution carried. Bill from the Attorney for the Town. A motion was made to authorize the supervisor to sign the “engagement letter” for legal services with Mary Russell, Attorney for the Town, with corrections/additions as so noted by Councilperson Small. Motioned: Councilperson Fisher Seconded: Councilperson Harvey Discussion: Supervisor Owens will retype the “engagement letter” to reflect changes. Councilperson Hubbell expressed concerned over the bill submitted by Mary Russell, the Attorney for the Town. She felt it was astronomical! Hubbell asked if the bill would be discussed tonight and Owens said it would be. Vote: Supervisor Owens…aye. Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…no. Councilperson Small…aye. Motion carried. Audit Claims: It was motioned that Supervisor Owens, on behalf of the Town Board of the Town of Enfield, be authorized to pay the following: - General Fund vouchers #81 - # 101 dated May 10, 2006 in the amount of $12,670.32. - Highway Fund vouchers #32 - #45 dated May 10, 2006 in the amount of $34,683.63 - Enfield Volunteer Fire Company #4 dated May 10, 2006 in the May 10, 2006 - Enfield Town Board Meeting 10 amount of $105,769. MOTIONED: Councilperson Fisher SECONDED: Councilperson Hubbell Discussion: Councilperson Harvey asked where the bills go after they’re approved. Supervisor Owens said she was sharing the code office and the supervisor’s working files are located there. Councilperson Hubbell noted that the State Comptroller’s Office says you have to voucher for health insurance. Councilperson Small mentioned that the copier was producing “dirty” copies. Supervisor Owens said she was going to have IBM look at it. Vote: Supervisor Owens…aye. Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Motion carried. Announcements: Supervisor Owens said “clean-up week” would continue until Saturday. Town Clerk Laue reminded everyone that there was a free rabies clinic coming up in Enfield on the 11th of May [Thursday] from 7:00 pm until 9:00 pm at the Highway Garage. Councilperson Small asked if there was any way the Board could get a spread sheet. Supervisor Owens said “she’s working on it”…meaning the Bookkeeper and she is in the process of reviewing it. Councilperson Hubbell noted that it’s been four [4] months since one has been provided. Supervisor Owens said it would be available at the June meeting. Privilege of the Floor: Frank Podufalski. What is the $ amount for Thor Oechsner using the Town Property. Supervisor Owens said it was on a “reciprocal” basis. He’ll keep the land cleaned and cleared for using it. Podufalski then asked who would pay the taxes. Supervisor Owens said Oechsner would pay taxes, if there were any, but by signing a one-year lease, taxes are precluded. Executive Session. May 10, 2006 - Enfield Town Board Meeting 11 A motion was made to move in to executive session to discuss an employee/ personnel issue at 8:40 PM. Motioned: Councilperson Harvey Seconded: Councilperson Small Discussion: Supervisor Owens did not anticipate any votes being taken after the executive session was over. Vote: Supervisor Owens…aye. Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Motion carried. A motion was made to close the executive session at 9 PM. Motioned: Councilperson Hubbell Seconded: Councilperson Fisher Discussion: Vote: Supervisor Owens…aye. Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Motion carried. Adjournment: At 9:05 PM Motioned: Councilperson Harvey Seconded: Councilperson Fisher Discussion: Vote: Supervisor Owens…aye. Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Motion carried. ************* Minutes transcribed by Deputy Town Clerk N. Pat Dougherty .