HomeMy WebLinkAbout7-12-2006 Regular Meeting TB.pdf
APPROVED AUGUST 9, 2006
TOWN OF ENFIELD
REGULAR TOWN BOARD
MEETING MINUTES
WEDNESDAY, JULY 12, 2006
7:00 PM
The regular monthly meeting of the Town of Enfield Town Board was held Wednesday, July 12,
2006 at the Enfield Community Building - 182 Enfield Main Road, Ithaca, NY at 7:00 p.m. with
Supervisor Owens presiding.
Present: Supervisor Jean Owens, Councilperson Peggy Hubbell, Councilperson Sandra Small,
Councilperson Robert Harvey, Town Clerk Alice Laue
Absent: Councilperson Jennifer Fisher
Others Present: County Legislator Greg Stevenson (Enfield/Newfield), Deputy Town Clerk Pat
Dougherty, Calvin Rothermich, Gerhardt Achilles, Amber Achilles, Mildred Achilles, Ed
Hetherington, Helen Jackson, Bertha Hubbell, Larry Stilwell, Linda Stilwell, Eric Hanville, Gary
Fisher, David Owens, David Dimmick, Diane Aramini, Debbie Teeter, Jolee Carlisle, Art
Howser
Pledge of Allegiance:
Supervisor Owens led the assemblage in the Pledge of Allegiance to the Flag.
Privilege of the Floor:
Diane Aramini (120 S. Applegate Road): Asked the Supervisor and Councilpersons to explain
what their interpretation of the phrase “the Town has deep pockets” used by Supervisor Owens at
the June meeting. Supervisor Owens responded in her opinion, what was meant was people
looking to sue. Municipalities are targets as well as businesses and are perceived in that manner,
not that the Town has a lot of money. Councilperson Hubbell responded that Enfield is
perceived as having a lot of poverty stricken people and the Town certainly doesn’t have deep
pockets nor does it need to have its taxes increased in an appreciable amount. Councilperson
Small responded that the phrase is based on one’s own interpretation and felt that the phrase was
not meant negatively. Supervisor Owens apologized for the misunderstanding of the deep
pockets statement she made at the June meeting.
David Dimmick (46 Fish Road): Commented that he was a fairly new resident to Enfield and
inquired if copies of financial statements and the Town’s budget were available to the public.
Supervisor Owens advised that he stop by the Town Clerk’s Office for the documents and
information.
Regular Town Board Meeting Minutes - July 12, 2006 2
Gerhardt Achilles (121 S. Applegate Road): Requested that his comments be on the record,
presented Supervisor Owens, as Director of the Food Pantry, Sue Howser, Food Pantry Treasurer
and the Town Board with a written Freedom of Information request for the Food Pantry’s
financial records for the years 2003, 2004, 2005 and through June 2006, stating that charitable
organization’s records should be public information.
Amber Achilles (121 S. Applegate Road), reading for Gerhardt Achilles: Attorney for Town
researching a potential lawsuit against the Town. Food distribution downstairs and Food Pantry
has no liability insurance. He asked why the Supervisor (as Director of the Food Pantry and as
the Town Supervisor) wasn’t protecting the Town against potential lawsuit(s) due to lack of
liability insurance if someone should fall or get hurt. Food Pantry needs a liability insurance
policy before opening their doors downstairs.
David Dimmick (46 Fish Road): Asked if the Food Pantry was open to all citizens in the
county. Supervisor Owens responded that the Pantry is open to all Enfield residents and is open
on an emergency basis to anyone in need of food.
Approval of Minutes:
Motion made by Councilperson Harvey, seconded by Councilperson Hubbell that the Town
Board approve the adoption of the June 14, 2006 regular Town Board meeting minutes.
Discussion:
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye,
Councilperson Fisher absent, Supervisor Owens aye. Motion carried.
Communications/Correspondence:
* Councilperson Small distributed a letter she received from Michael and Darlene Lynch of
Trumbulls Corners Road asking for Board’s consideration of possibly making the short section
of Gray Road a one-way street because of the bad curve. The Board briefly discussed different
alternatives and it was suggested to share the letter with Highway Superintendent Miller with
Councilperson Harvey following up with Miller.
* Councilperson Small noted the article that was posted in the June 24th edition of the Ithaca
Journal wherein the NYS Archives approved a Records Management Improvement Fund grant
that former Supervisor Fisher and Board had applied for in 2005 in the amount of $3,269 for use
toward indexing 10 years of Town Board meeting minutes. A motion to sign the acceptance
form is addressed later in the minutes.
* Councilperson Small announced that on June 22, 2006 she had attended a brief presentation
given by Robert Freeman, Executive Director of the NYS Committee on Open Government on
the Freedom of Information Law and the Open Meetings Law. Because of an issue that had
Regular Town Board Meeting Minutes - July 12, 2006 3
arisen after the May 10th regular Town Board meeting, she asked whether a volunteer fire
company’s board of directors meeting were open to the public and if advance notice was
required before attending. Mr. Freeman said that in his opinion, they are open to the public and
that no advance notice is required because a volunteer fire company falls within the definition of
a public body and contracts with a municipality. He also said that because they perform as a
governmental function, their records are subject to rights of access granted by the Freedom of
Information Law. The same information was supplied in a letter addressed to Councilperson
Small with a copy being mailed to the Enfield Volunteer Fire Company. Small distributed a
pamphlet that was provided at the presentation to the Board. Councilperson Small also
mentioned that to go into Executive Session simply by saying personnel or litigation is
inadequate and that boards should be more specific. Small had copies of portions taken from the
Town Law Manual for anyone requesting a copy.
* Councilperson Small communicated that the Board had received a letter from the County
Health Department saying that the water at the Community Building is now drinkable.
Committee Reports:
Tompkins County Legislature: County Legislator Stevenson reported on the adoption of a 20-
year capital plan. Action taken on TC3 budget. Both Tompkins and Cortland Counties approved
a 5% increase in TC3 budget. Budget preparations continue. Departments being asked to figure
some of negotiated salaries and fringe money into their existing budgets. County website is
“tompkinscounty.org”
Highway Department: Supervisor Owens reported that last month the Highway Department
cleaned around town buildings and old dump, cleaned scrap metal, trucked it to Champions and
received $974.55 in revenues which was turned over in cash to the Supervisor.
Business Directory: Councilperson Small reported that a lot of typos and a few layout
adjustments were corrected. Sent a follow-up email to the layout designer and received a reply
saying we were on the right track. A few phone calls were made to town employees/elected
officials to see if they were willing to have their home phone numbers listed in the directory.
Need to hold a committee meeting to discuss clipart placement and hopes to have a final proof
for Board approval next month before sending it to the printer.
Cemetery Committee: No report.
Code Enforcement: The Code Enforcement written report was distributed prior to the Town
Board meeting. Code Enforcement Officer Clark was not in attendance.
Enfield Community Council: No one in attendance to give a report.
Facilities: Meeting held 6/19/2006. Preliminary information presented at meeting is now on the
Town’s website – “townofenfield.org”. Councilperson Harvey added he is putting together a
plan to move courts to the community building as well as bringing the facility up to code and
ADA compliance
Regular Town Board Meeting Minutes - July 12, 2006 4
Personnel: Councilperson Small stated that she spoke with County Personnel on the cleaner
position (the quitting of Wayne A. Snyder and the hiring of Wayne C. Snyder) to confirm that a
paper trail needs to be shown. She added that she met with Wayne C. Snyder about a week ago
to make sure he wanted to take on the added responsibilities and duties and to complete an
employment application for the position. The paperwork showed Wayne A. Snyder being hired
on May 13 and his last employment date of May 22, with Wayne C. Snyder’s starting date of
June 17. With the Board in agreement, Supervisor Owens signed the required change forms
necessary for filing with the County Personnel Office. Small stated that Wayne C. mentioned
that he was not willing to take on any added mowing if Wayne A. should quit.
Councilperson Small added that in the future, potential employees need to complete an
application first for submission to the County Personnel Office and then start work.
Beautification Committee Report: Debbie Teeter spoke on the progress made to date. The
barrels are all done and in place. A few bush plantings still need to be made. They had a great
showing of volunteers. Next they will be focusing on two signs welcoming travelers to Enfield.
The Committee will be submitting their receipts soon and anticipate reimbursement quickly.
Planning Board: Councilperson Hubbell reported that the Committee has not met for the past
couple of months. The Town’s Mobile Home Ordinance is an item for future review and asked
if there was anything else the Board wanted them to focus on. Councilperson Harvey suggested
the issue of renumbering 20 East Enfield Center Road be put on their agenda.
Old Business:
Amend 2006 General Fund Voucher #107 and 2006 Highway Fund Abstract #06
Motion made by Supervisor Owens, seconded by Councilperson Small that the Town Board
approve to:
Amend the amount of 2006 General Fund Voucher #107 from $5,610.00 to $1,853.90 and amend
General Fund Abstract Number 06, page 2 TOTAL from $17,303.74 to $13,547.64, and
Add to 2006 Highway Fund Abstract Number 06, page 2, Voucher #59, Claimant “Excellus”,
Appropriation Account Code DA9060.81 in the amount of $2,633.26 and Appropriation Account
Code DA9060.821 in the amount of $1,122.84 for a total of $3,756.10, and amend Highway
Fund Abstract Number 06, page 2 TOTAL from $28,612.54 to $32,368.64
Discussion: Supervisor Owens explained that she had made a mistake and this motion was
necessary to correct it. She further added that Account Code DA9060.821 is a Health Insurance
Retiree account.
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye,
Councilperson Fisher absent, Supervisor Owens aye. Motion carried.
Regular Town Board Meeting Minutes - July 12, 2006 5
New Business:
Annual Williamson Town Clerk’s Software Support Contract:
Supervisor Owens presented the annual Williamson Town Clerk’s contract for authorization to
sign. Motion made by Councilperson Small, seconded by Councilperson Hubbell that the Town
Board authorizes the Supervisor to sign the annual Williamson Town Clerk’s Software Support
Contract.
Discussion:
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye,
Councilperson Fisher absent, Supervisor Owens aye. Motion carried.
Local Government Records Management Improvement Fund (LGRMIF) Grant:
Supervisor Owens presented LGRMIF Acceptance form for authorization to sign. Motion made
by Councilperson Hubbell, seconded by Councilperson Small that the Town Board authorizes
the Town Clerk/Records Management Officer to sign the LGRMIF Acceptance form.
Discussion:
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye,
Councilperson Fisher absent, Supervisor Owens aye. Motion carried.
Attorney Letter of Engagement/May Bill:
Motion made by Councilperson Hubbell, seconded by Councilperson Harvey to terminate the
appointment of Mary Russell as Attorney for the Town effective July 12, 2006.
Discussion: Supervisor Owens expressed her concern regarding the amount of Attorney
Russell’s May bill and thought maybe the Town could not afford her. Councilperson Harvey
didn’t appreciate the fact that the letter of engagement keeps getting revised. Councilperson
Small presented the Board with a list of concerns, including the reference to the Attorney
General’s review of a prior Board resolution, attorney charging to discuss a bill, that over 10
hours was billed for the development of a two-page land use agreement, that the attorney’s
letter/bill was dated June 30 and the Board received copies on July 11, that the attorney was
disputing the Board’s prior June payment, and that Small would be willing to entertain a motion
to terminate Russell’s appointment with the Town.
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye,
Councilperson Fisher absent, Supervisor Owens aye. Motion carried.
Regular Town Board Meeting Minutes - July 12, 2006 6
Audit Claims:
Motion made by Councilperson Hubbell, seconded by Councilperson Harvey that the Town
Board authorizes the Supervisor to pay:
- General Fund vouchers #120 - #136 dated July 12, 2006 in the amount of $7,483.41.
- Highway Fund vouchers #60 - #73 dated July 12, 2006 in the amount of $30,083.95.
Discussion:
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye,
Councilperson Fisher absent, Supervisor Owens aye. Motion carried.
Announcements/Other:
Spring Clean Up: Councilperson Small reported that Superior will be submitting another bill to
the Town because the last four pulls did not include the landfill fee of $65 and once that bill has
been paid, the total for this year’s clean up is around $5,546.68, total tonnage of 45.33, down
about 10 tons from last year.
Website: Although Town Historian Thompson was not present, Councilperson Small expressed
delight with the continued addition of information being posted on the website and added that
she had sent some information and photos of elected officials. Small also felt that the website
renewal was up this month.
Baker Marker: Councilperson Small asked the status of putting up the marker. Councilperson
Hubbell commented that she spoke with Town Historian Thompson earlier and suggested that
she contact Dale Laue to make arrangements.
Town Hall Copy Machine: Councilperson Small noted that the copy machine is still making bad
copies and wondered what was being done to fix it. Supervisor Owens said she had been looking
into the option of getting it repaired versus the cost of purchasing a new one. Small added that
she had spoke to Judge Poole and the Justices were willing to contribute.
Shisler Complaint: Councilperson Small asked if anyone followed up on the Shisler complaint
that was made at the June Board meeting. Supervisor Owens responded that she called Mr.
Shisler and believed that two tickets had been issued.
Town Computer Virus/Firewall Protection: Councilperson Small noted that after last month’s
Board meeting Supervisor Owens commented that the previously approved virus/firewall
protection software had not arrived and was contemplating a stop payment on the check and
purchasing the software from Staples – Small asked what the status was. Supervisor Owens
reported that Town Clerk Laue found the software in the office and there was no need to stop
payment on the check or to purchase anything from Staples.
Regular Town Board Meeting Minutes - July 12, 2006 7
Privilege of the Floor:
David Dimmick: Asked if some legal issues were to come up, what would the Town Board do
without an attorney on board? Supervisor Owens responded there are other agencies that can
assist and that the Association of Towns is available.
Diane Aramini: Attorney for the Town’s bill is outrageous, suppose some one gets hurt
downstairs at food distribution, shouldn’t this be a concern?
Bertha Hubbell (406 Enfield Main Road): Expressed concern over Supervisor Owens’
misrepresentation of the Good Samaritan Law saying this law only protects against someone
getting sick on the food not liability protection if someone get injured.
Debbie Teeter (71 Gray Road): Urged the Board to remember the community is of limited
resources and if the Board approved a resolution that the Food Pantry needs to have liability
insurance in addition to what the Town is carrying, that is money we don’t have to do something
else of importance.
Gerhardt Achilles: Requested his comments be on record, noted that as a taxpayer, if someone
falls downstairs, gets hurt, sues the town and they win their lawsuit our taxes go up and thus,
house payments go up.
Amber Achilles: Requesting her comments be on record, asked Supervisor Owens when the
Enfield Baptist Fellowship became a legal entity and asked about their Title 501C3.
The Town Board urged Supervisor Owens to look into various options available with respect to
liability insurance for the Food Pantry, to contact Sprague Insurance for their opinion and to
revisit and add the matter to the August regular Town Board meeting agenda for an update.
Adjournment:
Motion made by Councilperson Hubbell, seconded by Councilperson Harvey that the July 12,
2006 regular Town Board Meeting adjourn.
Discussion:
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye,
Councilperson Fisher absent, Supervisor Owens aye. Motion carried.
Meeting adjourned at 8:30 p.m.
Respectfully submitted,
Alice Laue, Town Clerk