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HomeMy WebLinkAbout6-14-2006 Regular Meeting TB.pdfA P P R O V E D July 12, 2006 Enfield Town Board Regular Meeting June 14, 2006 at 7:00 PM Enfield Community Building -- 182 Enfield Main Road, Ithaca, NY 14850 Public Hearing. At 7:00 PM, Supervisor Owens opened the Public Hearing by reading the Town of Enfield Subdivision Regulations Public Hearing Notice that appeared in the Ithaca Journal. James McConkey, co-chair of the Enfield Planning Board, summarized the work that went into, and the culmination of, the subdivision regulations as they now stand. Some in the audience felt they didn’t have enough information. Supervisor Owens noted that the regulations were at the Town Clerk’s Office in full form for the public to review. The Public Hearing was closed at 7:10 PM 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 Greg Stevenson (Enfield/Newfield), Deputy Town Clerk Pat Dougherty, Calvin Rothermich, Larry and Aileen Saulsgiver, Mary Linton, Town Historian Sue Thompson, Gerhardt and Amber Achilles, Charles Hubbell, Ed and Helen Hetherington, Bertha Hubbell, Eugene Lovelace, Lloyd Shisler, Songm Lee, Ann Rider, Roy and Carol Barriere, Larry and Linda Stilwell Pledge of Allegiance: Supervisor Owens led the assemblage in the Pledge of Allegiance. Privilege of the Floor: Gerhardt Achilles, who requested that his comments be on the record, spoke of coming to the May 9th food pantry to pick up food for an 80-year old woman. He was told it was already picked up. Achilles followed up with the woman only to find out that she never got food. He went back to the food pantry on May 23rd and complained about June 14, 2006 - Enfield Town Board Meeting 2 the woman not getting her food and asked what was going to be done about it. He said he was told to “shut your mouth, get through the line, we don’t care.” Achilles questioned at length the food pantry policy. He was told by Supervisor Owens, that someone else inadvertently picked up the woman’s bag of food by mistake. Achilles noted that mistakes happen but the 80-year old should have been given food one way or another. He added that to not check out who took the 80-year old’s food and whether or not she got any food that day, was immoral and unethical. Also, the person who took the food needed to be spoken to so it wouldn’t happen again. He asked who the officers of the food bank were. No names were mentioned. He referred to a fund-raising letter that Enfield residents received stating that it takes $90,000 to support the Enfield program. He then asked if people could pick up food for other people. He asked who sponsored the food pantry. Supervisor Owens said it was under the auspices of the Enfield Baptist Fellowship, that it has to be covered by a charitable organization but that it was under the Food Bank of the Southern Tier. Achilles asked if she meant the Baptist Church North of the Town Hall. She said no. He also asked about the liability insurance for the food bank. Owens responded as follows: ** Neighbors/friends can pick up food for others. ** The 80-year old woman should have contacted Owens when she didn’t get her food. Owens would have made sure she got it. She has not dealt with the person who picked up the food. ** The food pantry does not have its own liability insurance. If anyone is injured, the Town will be named first as responsible. They (the Town of Enfield) have deep pockets. We live in a “sue happy” society. No case has ever been argued successful in any law suit. The food pantry is a necessary program. It’s protected by the Samaritan Law. Amber Achilles asked to be on the record. She questioned whether or not only Enfield residents were eligible for the food. Owens said there were 15 pantries in the County. People outside of Enfield can get food; however, all monies received from the fund-raising in Enfield go to the Enfield food pantry. Owens said that because the food pantry receives state and federal foods, they cannot turn people away that come to a pantry and say they are in need of food. Ann Rider passed out a sign-up sheet for the August yard sales in Enfield that the Enfield Community Council (ECC) is sponsoring. Lloyd Shisler said he has been dealing with the Town since 2000 to get the property (1611 Mecklenburg Road) next door to his business/property (1650 Mecklenburg Road cleaned up. For the past two years, he has been receiving responses June 14, 2006 - Enfield Town Board Meeting 3 from the Code Officials that come spring, they will work on getting the property cleaned up. He added that he has been trying to go through proper channels but has been unsuccessful and thought he would come and voice his concern at tonight’s Board meeting. He noted that the County had no problem raising his assessment 40% this year. There have been rats and skunks and other vermin on the property. Last year the property burned and it has never been cleaned up. A demolition permit was issued by the Town a few months ago…but nothing has been done. He spoke on behalf of others in his neighborhood. Approval of Minutes: A motion was made to approve the minutes of the May 10, 2006 Town Board Meeting. Motioned: Councilperson Small Seconded: Councilperson Fisher Discussion: “ Planning Board” was inserted above Councilperson Hubbell’s report on page 4. Double wording was eliminated on page 9. Vote: Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Supervisor Owens…aye. Motion carried. Correspondence: ** Supervisor Owens received a letter from the Tompkins County Board of Elections stating the Enfield Community Building does not meet the accessibility requirements of HAVA. The Town was informed that because the Enfield Community Building does not meet the requirements of HAVA, it will not be used as a polling site this year. The voters will now vote at the Enfield Elementary School at 20 Enfield Main Road. The Tompkins County Board of Elections will send notification of this change to all of the affected voters, shortly. ** An invitation to the grand opening of the expanded and renovated Tompkins County Chamber of Commerce June 20th was received. June 14, 2006 - Enfield Town Board Meeting 4 ** Councilperson Small announced that Robert Freeman, Executive Director of the Committee on Open Government will speak at the Ithaca Town Hall on June 22nd at 6:30 PM. Town Historian: Susan Thompson reported on a brochure which will include the Town of Enfield…similar to a “walking/driving tour of the Town.” A grant has been obtained for the publication. Financial support is needed for the printing and publication of the brochure and Thompson asked for $200 from the Town of Enfield. A motion was made to authorize Supervisor Owens to sign a form which will give $200 to the Town Historian, Susan Thompson, for commercial/promotional tourism advertising. Motioned: Councilperson Fisher Seconded: Councilperson Harvey Discussion: The money will be needed by late 2006 or early 2007. Vote: Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Supervisor Owens…aye. Motion carried. Beautification Committee Report: Ann Rider spoke on a proposed resolution agreement for beautification funding for the Town of Enfield. On the committee are Debbie Teeter, Ann Rider and Helen Hetherington. Rider said that some of the priorities the committee saw were (i) replacing some plants that have died around the light poles along Main Street, (ii) adding barrels with perennials for instant color, and (iii) include signage at both ends of the hamlet of Enfield. Rider felt that this may be an ongoing project offered to outlying towns. She added that both herself and Teeter have experience with grant supervision and claiming and urges the Board to pass the recommendation to apply for the $5,000 grant from the County Legislatures. Resolution 2006 - #23 Agreement for Beautification Funding For the Town of Enfield Whereas, the Town of Enfield has been selected to receive a beautification grant of up to $5,000, to be used for the purchase of materials as identified in the Beautification Plan including a $5,000 matching grant, therefore be it resolved June 14, 2006 - Enfield Town Board Meeting 5 that the Town Supervisor be authorized to sign the agreement for beautification funding. The beautification grant can only be used for materials and not for salaries or staff time. Staff and volunteer time may be applied to the matching requirement of the grant. The Town will receive reimbursement for these items when receipts have been submitted to the Tompkins County Beautification Program and the project has been inspected by the Beautification Coordinator. Sales tax cannot be reimbursed. The beautification funds are administered by Cornell Cooperative Extension Association of Tompkins County (CCETC). CCETC has a frequent check writing schedule. Towns should expect reimbursement of properly documented expenses within two to three weeks after a successful site inspection. The Town is required to match the grant with paid or volunteer labor to implement and maintain the project. The federal government established in-kind value of volunteer labor at $17.55 (2004). Use the latest federal rate when calculating the value of volunteer time donated to the project. A maintenance plan must be submitted, particularly with landscape plantings, to ensure that they will be properly watered and weeded in future years. The projects should be completed by the end of the calendar year in which the grant is awarded. A contact person (project coordinator) for the project will be designated to ensure adequate coordination and communication with the Beautification Program. . . Town Supervisor or Board President Date ___________ ________________________________________________________ Town Project Coordinator Date ___________ _________________________________________________________ Cornell Cooperative Extension – Executive Director Date ___________ June 14, 2006 - Enfield Town Board Meeting 6 A motion was made to authorize Supervisor Owens to sign the resolution. Motioned: Councilperson Owens Seconded: Councilperson Small Discussion: There will be no cost to the Town. Vote: Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…nay. Councilperson Small…aye. Supervisor Owens…aye. Resolution carried. Committee Reports: Tompkins County Board of Representatives. Greg Stevenson (Enfield/Newfield) said that there is a new deputy administrator, Paula Younger. The County now has two deputy administrators and Stevenson said that he will not support a second deputy administrator when it comes to the floor for approval. The Legislature recently debated the establishment of a fiscal goal for 2007 which includes a tax levy of a 3% increase which would result in a 0.2% tax rate increase. He also talked a little about Tompkins County’s 20-year capital plan and indicated a new Health Department Facility will be discussed around 2008 or a little before. Gene Lovelace asked Stevenson who makes the final decision on the proposed new style voting machines. Stevenson said Election Commissioners Steve DeWitt and Elizabeth Cree at the Board of Election would probably be the ultimate decision makers. Highway Department. Highway Superintendent, David Miller, wrote…”Last month we put dust oil on, spread patch on some bad spots. We dug ditches and have been mowing.” Business Directory. Councilperson Small reported that there are 135 businesses in the directory and Keith Kubarek had submitted a layout design of the proposed directory to the committee. Discussion ensued on how many copies need to be printed, where will they be distributed and where the funds will come from. Small suggested using the funds presently in the “newsletter” account. It was ascertained that we still have our Bulk Postage Permit at Newfield. June 14, 2006 - Enfield Town Board Meeting 7 Cemetery Committee. Councilperson Hubbell reported that Budd, Rolf and Presbyterian cemeteries didn’t get mowed until late on Saturday of the Memorial Day weekend. She stated that George Laue has been doing a good job with mowing and asked that he be officially hired by the Town. Burials are paid for by the funeral directors. A motion was made to hire George Laue to perform burials in the Town of Enfield cemeteries. Motioned: Councilperson Hubbell Seconded: Councilperson Small Discussion: Vote: Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Supervisor Owens…aye. Motion carried. Code Enforcement. A code enforcement report was distributed to the Town Board members. 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. Beth Bannister has been doing a lot of work with the youth in Enfield. ECC will be sponsoring the community garage sale this year in August. The Harvest Festival is September 23rd. The seniors have completed a quilt for the Festival. Town Clerk, Alice Laue, asked Rider about the ECC spear heading an effort to get the flashing light at the school replaced. It’s been gone for six months. Rider was not sure what role the ECC could play. Supervisor Owens said she would send an email to Principal Mary Bertless alerting her to the concern for the summer school children attending day camp. Facilities. Supervisor Owens discussed the proposed specifications for the Enfield Community Building. The committee will meet next on June 19th. They will be looking June 14, 2006 - Enfield Town Board Meeting 8 at what needs to be done at the Town Clerk’s office. Owens toured a couple of other sites and will be bringing her findings back to the committee. Personnel. Councilperson Small stated that she spoke with County Personnel and the cleaner position is exempt from Civil Service. Supervisor Owens indicated that Wayne A. Snyder (Tucker) is having some difficulties and she thought that Wayne C. Snyder (his father) would be willing to step in and perform the duties as cleaner and to take on the added mowing responsibilities. A motion was made to hire Wayne C. Snyder at the rate of $10/hr. to be the Town of Enfield cleaner in place of Wayne A. “Tucker” Snyder due to personal reasons on Wayne A. Snyder’s part and that Councilperson Small with follow up with the County Personnel Office to see what paperwork is needed. Motioned: Councilperson Harvey Seconded: Councilperson Hubbell Discussion: Councilperson Hubbell will talk with Wayne C. to see if he can perform all the needed duties, which include two cemeteries. Hubbell expressed concern that for liability reasons, only Town employees should be mowing and/or weed eating. Vote: Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Supervisor Owens…aye. Motion carried. Old Business: Agreement for Legal Services Authorization to sign. Councilperson Small wanted a phrase added in. A motion was made to add “from March 22, 2006 until the end of the year” to the agreement for legal services. Motioned: Councilperson Small Seconded: Councilperson _______________ June 14, 2006 - Enfield Town Board Meeting 9 Discussion: Councilperson Small noted that she approved of the sentence that Attorney Russell requested be inserted in her letter of engagement which was to include the names of at least three board members who were authorizing attorney attendance at various Town meetings. Vote: A vote was never taken. Subdivision Regulations. A motion was made to adopt the Town of Enfield Subdivision Regulations as revised February 2006. Motioned: Councilperson Fisher Seconded: Councilperson Hubbell Discussion: Vote: Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Supervisor Owens…aye. Motion carried. New Business: Purchase trash bags for roadside clean up. Jack Hubbell, who has been cleaning up Enfield’s road sides for some time could only receive 15 trash bags from the County this year and that’s not enough to do the job properly. Councilperson Hubbell asked Ann Rider if there were monies available for this through the Beautification Committee. Rider will take it to the ECC. Tompkins County Council of Governments - (TCCOG). A resolution was passed to appoint Supervisor Owens and Councilperson Harvey to TCCOG. Resolution 2006 - #24 Approval of the Tompkins County Council of Governments (TCCOG) Interim Bylaws and Appointment to the TCCOG. June 14, 2006 - Enfield Town Board Meeting 10 WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting to discuss ways the local governments could work together to reduce costs to the residents; and WHEREAS, the Committee discovered that other Counties have created a Council of Governments made up of local government officials; and WHEREAS, the Tompkins County Council of Governments would be an association of local governments organized to provide a forum for discussion and negotiation leading to agreements for more efficient and fiscally responsible delivery of government services; and WHEREAS, the Town of Enfield desires to be a member of the Tompkins County Council of Governments, and has reviewed the Interim Bylaws; Now, therefore be it RESOLVED, the Town of Enfield does hereby approve becoming a member of the Tompkins County Council of Governments and agrees to the terms outlined in the Interim Bylaws, and be it further RESOLVED that Supervisor, Jean Owens, is appointed as the voting member and Councilperson, Rob Harvey, as the alternate member. Motioned: Councilperson Owens Seconded: Councilperson Hubbell Discussion: Supervisor Owens added that although she wasn’t sure of what was on the agenda for those meetings, she felt this would be an interesting opportunity to at least have discussion on issues that affect us all, that everyone would have a vote, and it would be a good opportunity for better communication. Vote: Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Supervisor Owens…aye. Resolution carried. Budgeting Correction for Budget Amendment #4. June 14, 2006 - Enfield Town Board Meeting 11 Resolution 2006 –No. 25 Budgeting Correction Budget Amendment #5 WHEREAS, uniforms provided for highway employees are not classified as employee benefits according to the NYS Comptroller’s Office, therefore BE IT RESOLVED that expenditure account code DA9089.8 titled, “Uniforms”, be decreased by $2,050.00 and that expenditure account code A5132.4 titled “Garage Contractual” be increased by $2,050.00, and revenue account code DA1120 titled “Sales Tax” be decreased by $2,050.00 and revenue account code A1120 titled “Sales Tax” be increased by $2,050.00. Motioned: Councilperson Owens Seconded: Councilperson Harvey Discussion: Supervisor Owens added that Councilperson Hubbell pointed out that uniforms should be charged to the General Fund and that what would happen to fix this is that since there has been four months that have been charged to the Highway account, there will be a journal entry made and a check written to the Highway Fund to transfer those dollars back in. Vote: Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Supervisor Owens…aye. Resolution carried. Increase in Health Insurance. Resolution 2006-No. 26 Increase in Health Insurance Budget Amendment #6 WHEREAS, Health insurance premiums for 2006 have increased, BE IT RESOLVED that expenditure account code A9060.822 titled “Health Insurance – Thall” be increased $32.60 to $1,932.60 and expenditure account code A1990.4 titled “Contingency Account – Contractual” be decreased by $32.60 to $17,938.67. Motioned: Councilperson Owens June 14, 2006 - Enfield Town Board Meeting 12 Seconded: Councilperson Hubbell Discussion: Vote: Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Supervisor Owens…aye. Resolution carried. Attorney’s Bill. Councilperson Small asserted that she did not feel comfortable paying what she calculated to be approximately $1,956 of the attorney’s bill for services related to the non-reappointment of a code official because she felt it was going against Board Resolution. Small was willing to pay $500 of the approximately $3,200 revised bill. Councilperson Harvey agreed noting that things need to be hashed out. Supervisor Owens agreed to delete Voucher #111 from tonight’s audit for approximately $3,200 and discuss it in Executive Session. 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 #102 - #119, excluding #111, dated June 14, 2006 in the amount of $17,303.74. - Highway Fund vouchers #46 - #58 dated June 14, 2006 in the amount of $28,612.54. MOTIONED: Councilperson Fisher SECONDED: Councilperson Hubbell Discussion: Vote: Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Supervisor Owens…aye. Motion carried. Announcements: Councilpersons Hubbell and Harvey will attend a joint planning meeting with Tompkins and Cortland counties. Privilege of the Floor: June 14, 2006 - Enfield Town Board Meeting 13 Ann Rider commended the Enfield Town Board for joining the Tompkins County Council of Governments. She added she would like to urge the Board to look for new monies and to work with other municipalities in sharing information. Pat Dougherty asked for clarification of which Baptist Church sponsored the food distribution program. It’s the Enfield Baptist Fellowship which does not have its own church but meets in people’s homes. Bertha Hubbell asked if the water supply was still contaminated. Supervisor Owens says it has passed inspection and the signs “do not drink” will be removed from the water fountain as soon as the official notice is received from the Health Department. Executive Session. A motion was made to move in to executive session to discuss a personnel issue at 8:50 PM. Motioned: Councilperson Small Seconded: Councilperson Hubbell Discussion: Vote: Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Supervisor Owens…aye. Motion carried. A motion was made to close the executive session. Motioned: Councilperson Hubbell Seconded: Councilperson Fisher Discussion: Vote: Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Supervisor Owens…aye. Motion carried. Payment of Attorney’s Bill. A motion was made to authorize the Supervisor to pay General Fund Voucher #111 in the amended amount of $1,804. Motioned: Councilperson Small Seconded: Councilperson Fisher June 14, 2006 - Enfield Town Board Meeting 14 Discussion: Vote: Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Supervisor Owens…aye. Motion carried. Adjournment: At 9:15 PM Motioned: Councilperson Hubbell Seconded: Councilperson Fisher Discussion: Vote: Councilperson Fisher…aye. Councilperson Harvey…aye. Councilperson Hubbell…aye. Councilperson Small…aye. Supervisor Owens…aye. Motion carried. ************* Minutes transcribed by Deputy Town Clerk N. Pat Dougherty .