HomeMy WebLinkAbout8-9-2006 Regular Meeting TB.pdfAPPROVED September 13, 2006
TOWN OF ENFIELD
REGULAR TOWM BOARD
MEETING MINUTES
WEDNESDAY, AUGUST 9, 2006
7:00 P.M.
The regular monthly meeting of the Town of Enfield Town Board was held Wednesday, August 9,
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 Sandra Small, Councilperson Peggy Hubbell,
Councilperson Jennifer Fisher, Councilperson Robert Harvey and Town Clerk Alice Laue
Others Present: Philip Grover, Susan Howser, Art Howser, Larry Saulsgiver, Arleen Saulsgiver, Roy
Barriere, Carol Barriere, Diane Aramini, Gerhardt Achilles, Amber Achilles, Mildred Achilles, David
Dimmick, Byron Smith, James Linton, Calvin Rothermich, Doris Rothermich, Jolee Carlisle, Larry
Stilwell, Bertha Hubbell, Betty Tompkins, Valerie Albanese, Ed Hetherington, Helen Hetherington,
Rose Poole, Kirk VanDee.
Pledge of Allegiance:
Supervisor Owens led the assemblage in the Pledge of Allegiance to the Flag.
Privilege of the Floor:
Gerhardt Achilles (121 S. Applegate Road): Requested his statement be on the record. He was
mowing lawn and trimming at the Grange Hall on Tuesday, August 8th and had a problem with the
people working at the Food Bank harassing him. He was told he had to move his vehicle from the
Grange parking lot. He would like to know why he had to move his vehicle from the Grange parking
lot - people from the Food Bank do not own that property. People from the Food Bank did not need to
harass him when he was mowing and trimming the lawn on the Grange property. The Grange parking
lot is not their permanent parking spot nor do they need to park their vehicles there all day long. This
area should be kept open for people, especially senior citizens, coming to pick up their food. Workers
should be parking out back.
Rose Poole (11 Rumsey Hill Road): Commented that the Food Bank has been going on for 15 years
or more in Enfield, she has participated in it for two years. Program supplements her groceries
anywhere from $50 - $100 plus a month. She believes individuals are trying to cause problems and
from what she understands a non-profit organization may not be required to carry insurance because it
is non-profit and money going towards this insurance could be better applied to food for community.
There are anywhere from 200 to 400 people coming through this program and for 15 years there has
been no problems until now.
Diane Aramini (120 S. Applegate Road): Appreciated what was being said, however, stated liability
insurance is for protecting taxpayers, has nothing to do with the Food Bank per say. She added that the
Food Bank does not have to be run out of a community building and understands it is a non-profit but
Regular Town Board Meeting Minutes – August 9, 2006 2
usually churches run the Food Bank through their liability insurance. Enfield’s is being run in a town
facility at taxpayer’s expense.
Valerie Albanese (130 Griffin Road): For the record. Distributed to the Board copies of her complaint
regarding this year’s Musefest. She highlighted that she has been a property owner for 11 years and
just recently moved back to this area. She said that the event has been a total nightmare for her health,
animals and family. The event went on for five days, 24 hours a day. She feels it is unacceptable, that
it is too big and doesn’t need to be in a residential area. This year it escalated out of control with no
one being in control. She had problems with noise levels, trespassing and harassment from Musefest
participants. She feared for the safety of her home and for the safety of her dogs and felt like she was a
prisoner in her own home. She requested that the Town Board look into moving it and putting some
ordinances in place before it is permitted to return next year. She also attached to her complaint
samples of noise ordinances.
Supervisor Owens reported she has asked the Planning Board to look at developing a noise ordinance
at their September meeting and that Co-chair Bryant is also researching noise ordinances.
Approval of the Minutes:
July 12, 2006 Regular Town Board Meeting Minutes: Motion made by Councilperson Hubbell,
seconded by Councilperson Fisher that the Town Board approve the adoption of the July 12, 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.
July 19, 2006 Special Town Board Meeting Minutes: Motion made by Councilperson Fisher,
seconded by Councilperson Harvey that the Town Board approve the adoption of the July 19, 2006
Special Town Board Meeting minutes.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
August 3, 2006 Special Town Board Meeting Minutes: Motion made by Councilperson Hubbell,
seconded by Councilperson Harvey that the Town Board approve the adoption of the August 3, 2006
Special Town Board Meeting minutes.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Communications/Correspondence:
Farm City Day Event – Saturday, August 12, 2006, 11a.m. – 4 p.m. Pollack Family’s Clear
View Dairy, 104 W. Groton Road, Lansing.
Regular Town Board Meeting Minutes – August 9, 2006 3
Committee/Board Reports:
Tompkins County Legislature: County Legislators Stevenson and Dennis were unable to attend.
However, Stevenson provided a written report, which was read by Supervisor Owens. Stevenson’s
report is on file at the Town Hall. Highlights from the report include: (i) a decision to delay voting on
an increase in County tax on real estate transfers (charged to the sellers of real property) since state
legislation enabling the local tax has not yet been signed by the Governor; (ii) by unanimous consent,
the Legislature formalized the Rural Small Business Loan Program as an ongoing activity of the
Tompkins County Economic Development Revolving Loan Fund which would provide low-interest
loans of up to $25,000 to small entrepreneurs located in rural areas; (iii) budget preparations for 2007
continue; and (iv) work begins on the infrastructure portion of the County’s new Public Safety
Communications System.
Highway Department: Town Clerk Laue reported that this month the Highway Department did
ditching, patching and chipping. The Auto-Car Truck parked behind the Highway Garage was sold for
a junk value of $850.
Councilperson Small checked with Highway Superintendent Miller on the Lynch request to make a
section of Gray Road one way. Miller advised that trucks would never make the turn and then they
would be slow to pull out. Possible solution would be to have the State cut back farther taking some of
the curve out or maybe to make a bend on the end of Gray Road so drivers would have to slow down.
Speed limit sign is an option but probably drivers won’t comply with it. Would need cooperation from
the State.
Business Directory: Councilperson Small reported that the directory is ready to be printed. Suggested
printing 1500 directories for about $1,650. 1000 directories to be mailed, difference to be sent to other
municipalities, libraries, stores, post offices and be handed out from the Town Hall.
Motion made by Supervisor Owens, seconded by Councilperson Harvey that the Town Board approve
the printing of 1500 Business Directories and authorizes the Supervisor to renew the Town’s bulk
mailing permit with the Newfield Post Office.
Discussion: Supervisor Owens said she is really proud of the number of businesses in the directory.
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Cemetery Committee: Councilperson Hubbell received and turned over a $50 check for stone repairs
at Budd Cemetery to Supervisor Owens.
Code Enforcement: Written report distributed. Code Enforcement Officer Clark was not in
attendance.
Enfield Community Council: No one in attendance to give a report.
Facilities Committee: Councilperson Harvey reported on the work that had been started and
completed on the Community Building to bring it up to code and ADA accessible. He thanked Chuck
Bellieau of C. B. Construction, Leo Cron of B & L Home Repairs, Ken Hoover of Hoover’s Black
Topping, Sandra Small, Peggy Hubbell, Don Parker, and Charlie Hubbell for helping out.
Councilpersons Small and Hubbell complimented Councilperson Harvey for his hard work, time and
Regular Town Board Meeting Minutes – August 9, 2006 4
determination in bringing the Community Building up to ADA compliance and were glad that progress
was being made towards renovating the building. Harvey reported that the next steps were to replace
the windows, and to paint the outside of the building.
Supervisor Owens reported that Dan Walker is working on putting together two requests for bids and is
borrowing some samples of work done by the Town of Ithaca. The first project to take place would be
at the new property, in order to build there needs to be a site plan. The second, request for bids would
be for the highway facility. When Walker gets that done, Supervisor Owens will bring it to the Board.
Supervisor Owens is trying to get some hard dollar bid amounts.
Councilperson Small asked when it would go to the public for their input and vote. Supervisor Owens
explained by saying that when the Town gets the request for bid, we can reserve the right to refuse any
and all bids or to consider a bid. There are different ways of funding a project – one is go to Bond.
Owens said she has talk with both Chase Bank and the Tompkins Trust Company to see what the
interest rates look like and reported that they are actually less than the inflation rate and added that
right now, money gains in value if we invest in construction versus saving at this point. If we decide to
go to Bond, rates would be received from three institutions, the Town would provide information to the
Banks on how much we want to bond and what period of time we want to bond for. Owens added that
it is best to seek interest rates within a few weeks/month of when the Town would like to start the
project because interest rates are lower at that time. Interest rates range anywhere from 3.85% to 5%
or 5.5%, if you decide to go for a ten year. An annual renewal Bond is where the interest rates are
lower. Supervisor Owens went on to explain that the Town has money in a capital improvement fund
and if the Town were to decide to use money out of that fund, then that part would be subject to a
permissive referendum, a petition needs to be signed and filed within a certain time period in order to
go on the ballot for voting. She added that that time has passed for this year.
Councilperson Small added that if the Board voted to go to permissive referendum, the petition step
could be avoided. Small said she would like public input and would like to see the question of a new
facility on the ballot for next year.
Supervisor Owens added that if and when the Town goes out to Bond, the Town attorney needs to be
involved.
Personnel: Councilperson Small said she had nothing to report and noticed that the facilities had not
been cleaned for two weeks or so.
Supervisor Owens reported that Wayne C. Snyder went out of town a couple of times and that he
would be taking over water testing of the Community Building.
Planning Board: Councilperson Hubbell said she had nothing to report and said the next meeting of
the Planning Board will be 9/6/2006.
Supervisor Owens talked with Co-chair Bryant about 20 E. Enfield Center Road. Bryant to talk with
Code Officer Clark on issue. Planning Board to be looking at Noise Ordinances and Mobile Park
Ordinance.
Beautification Committee: No one in attendance to give a report.
Regular Town Board Meeting Minutes – August 9, 2006 5
Tompkins County Council of Governments (TCCOG): Supervisor Owens attended the TCCOG
meeting and found Steve Whicher’s presentation on health insurance interesting and noted that a lot of
it is making individuals aware of ways they can save. Steve Whicher reported talking with Cornell
who is considering paying for overhead costs for public safety and EMS in terms of the radios and
monitors in the amount of several million dollars. Will be electing officers at their next meeting. For
now, it is one vote per municipality and the meetings are the last Thursday of a month.
Enfield Volunteer Fire Company, Inc.: Supervisor Owens reported that after Councilperson Small’s
resignation as liaison to the Fire Company, she contacted the Fire Company to encourage them to
submit the Fire Company’s 2007 budget proposal which she had and distributed copies to Board
members for their review and consideration.
Old Business:
Town of Enfield Dog Control Law – Local Law #1 for the Year 2006: Supervisor Owens reviewed
and discussed with the Board the revised changes made to the Dog Control Local Law last updated in
2000.
Under Section 2A – Prohibited Acts - wording was added to address multiple family dwelling
units and owners being responsible for maintaining full control of their animals.
Page 2 - Licensing age was changed from six months to four month. This was a change made
by the State Ag and Markets.
Page 2 – Dog warden was changed to dog control officer.
Page 3 – License Fees and Impoundment Fees have been incorporated into the Dog Control
Law.
Public Hearing: Motion made by Councilperson Small, seconded by Councilperson Hubbell that the
Town Board hold a public hearing on the Town of Enfield’s Dog Control Local Law #1 for the Year
2006 at the September 13, 2006 regular Town Board meeting at 7:00 p.m. at the Enfield Community
Building and that a copy of the Dog Control Law be sent to the Attorney for the Town prior to the
public hearing/meeting for his review.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Volunteers: Supervisor Owens spoke with Don Barber who is on the NYMIR Board of Directors,
about the Town’s concerns regarding volunteers, use of volunteers and Town’s liabilities. He advised
her that NYMIR takes good care of the Town as a municipality in terms of the Town’s use of
volunteers. The Town of Caroline has no policy and no concern about coverage for any volunteer.
Because of the fact that NYMIR specifically writes insurance for municipalities, Mr. Barber said
NYMIR well knows the ways of a municipality and thus, the municipality is well taken care of as far
as volunteers are concerned.
Food Pantry Building/Liability Insurance: Supervisor Owens also spoke with Mr. Barber about
building insurance. Caroline is similar to Enfield in that the Caroline Food Pantry operates in the
Brooktondale Community Center and the town does not require them to have any insurance. Owens
said that providing insurance is not a common practice.
Regular Town Board Meeting Minutes – August 9, 2006 6
Councilperson Small asked if the Caroline Food Pantry contracts with their municipality and if the
Food Pantry contributes anything toward utility costs. Supervisor Owens stated she would have to ask
the director of that pantry if they contribute and added that she has $750 to transfer over to the Town of
Enfield toward utility costs for 2006. Small also suggested that Owens check with Mr. Kuehn of
Sprague Insurance regarding an insurance waiver in case the Town was to be sue and added that when
Mr. Kuehn gave a presentation at a previous Town Board meeting this issue came up. Councilperson
Harvey was not sure if this waiver would apply towards the Food Pantry being operated out of the
Community Building. Owens said she would follow up.
New Business:
Former Attorney Mary Russell’s Final Payment: Councilperson Small felt that the $1,804 was
sufficient for Russell’s March/April bill and would like to consider her May bill at this time. Propose
that the Board offer $927 for her May bill as amended by Ms. Russell. Motion made by Councilperson
Small, seconded by Councilperson Harvey that the Town Board offer a final payment of $927 to
Attorney Mary Russell for her May 2006 statement for services rendered. With this payment and the
previous payment, the Town has paid Ms. Russell a total of $2,731 for a nine week period, leaving a
balance in the attorney account line of $969. Supervisor Owens to email Ms. Russell.
Discussion: If Attorney Russell agrees to the $927 as final payment, Supervisor Owens is authorized
to issue a check. Files in the possession of Russell need to be returned to the Town. Councilperson
Small asked that in the Supervisor’s email to Ms. Russell that it be noted what files had been turned
over and what files still need to be turned over to the Town.
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Letter of Agreement for the Attorney for the Town: Attorney Tim Mattison is to be invited to the
September meeting at which time the Letter of Agreement will be signed and exchanged. Supervisor
Owens to contact Attorney Mattison.
Budget Amendment #8 – 2006: Need to pay Beautification Grant bill out of celebrations account.
Councilperson Small asked if the Town has received reimbursement for last month’s expenditures.
Supervisor Owens said she spoke with Ms. Teeter and the agency would like us to accumulate a few
bills before seeking reimbursement so as not to pay so frequently. Ms. Teeter is checking into what
dollar amount the Town needs to reach before putting in for reimbursement. Councilperson Small
asked how these amounts would be reflected on the spreadsheets. Supervisor Owens responded that it
would be reflected in the Contingency Contractual line with the Celebrations Contractual line as being
a pass-through. In terms of actual bookkeeping, it would be a journal entry.
Motion made by Councilperson Fisher, seconded by Councilperson Harvey that the Town Board
approve decreasing General Fund appropriation account code A1990.4 titled “Contingency
Contractual” by $245.58 and increasing General Fund Appropriation Account Code A7550.4 titled
“Celebrations Contractual” by $245.58.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Regular Town Board Meeting Minutes – August 9, 2006 7
Audit Claims:
Supervisor Owens presented bills and vouchers for payment. Motion made by Councilperson Fisher,
seconded by Councilperson Small that the Town Board authorizes the Supervisor to pay:
General Fund Vouchers #143-159 dated August 9, 2006 in the amount of $15,129.62.
Highway Fund Vouchers #74-83 dated August 9, 2006 in the amount of $9,753.17.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Announcements
Senator George Winner will hold a community visit at the Community Building on October 3,
2006 from 3-3:30 p.m.
Councilperson Small asked about the Shisler complaint. Supervisor Owens reported tickets will
probably continue to be issued until situation is remedied.
Privilege of the Floor:
Diana Aramini (120 S. Applegate Road): Reported on the record that on the website for Food Pantry
network lists Caroline, Brooktondale and Slaterville are out of the Caroline Food Pantry, Baptist
Church. Enfield – Jean Owens Enfield Food Pantry - Baptist Church. These need to be updated. She
added that she is not aware of how Caroline operates their program but felt that the Town Board should
be listening to their community residents on the issue of liability insurance especially when there is an
outside organization using a town building. She feels strongly that the Enfield Food Pantry should
have liability insurance given the fact that there are so many people who are coming in and out of the
building. She also added that she does not want to have an increase in taxes should someone sue the
Town. Ms. Aramini handed Supervisor Owens a petition amounting to 100 signatures from
community residents along with a FOIL request signed by seven community residents requesting
records of the Enfield Food Distribution Program to include 99EZ- 99 Tax Reports for the years 2003,
2004, 2005 through June 2006 and some form of bookkeeping that tells Federal and State Grants
received for years 2003, 2004, 2005 through July 2006. A two-week response to this request was
asked.
Byron Smith (496 Fish Road): Reported on the record that he felt there was a need for a formation of
a committee to evaluate the proposed budget of the Fire Company and the direction of the Fire
Company. He would like to see public participation on this committee since this is the single most
expensive line item in the budget and it is costing the taxpayers more to run then the entire Town. He
would like to see the committee consider why the Town would not compete the services of the Fire
Company. In looking at the cost of surrounding towns, he felt that Enfield pays a healthy fee for the
Town’s fire protection.
Regular Town Board Meeting Minutes – August 9, 2006 8
Arleen Saulsgiver (455 E. Enfield Center Road): Noted that the Women’s Exercise Class as reported
in the August 3, 2006 Special Town Board Meeting Minutes should be referred to as the Senior
Citizen’s Group.
Gerhardt Achilles (121 S. Applegate Road): Asked if the Food Pantry had obtained liability
insurance or any price quotes. Supervisor Owens responded “no”.
Art Howser (17 S. VanDorn Road): Reported that the Enfield Baptist Fellowship has checked into
liability insurance information for the Food Pantry and the minimum cost would be $500 or more a
year.
Councilperson Peggy Hubbell added that she spoke with the Sprague Insurance Office toda y (the
Town’s insurance provider) and received clarification that technically it is not law that insists
insurance is needed. Sprague Insurance and NYMIR highly recommend that the food distribution
program have their own insurance. The Town Board is supposed to be representing everybody in the
Town not just one group and has to cover the Town for risk management purposes and felt that the
food distribution program needs to have insurance.
Kirk VanDee (161 Jacobs Drive): Asked if there has ever been any injuries on town property?
Supervisor Owens responded “no”.
David Dimmick (466 Fish Road): For the record, he sees a conflict of interest with Ms. Owens being
the Town Supervisor and Director of the Food Pantry. He sees a need for her to recuse herself on any
votes on liability insurance and sees it as a direct conflict of interest. Does not see how Ms. Owens
could vote on this issue seeing that she would be representing both the Town and the Food Pantry at
the same time.
Diane Aramini (120 S. Applegate Road): Added that nothing says the Food Bank has to be held in
the Town’s community building. It can be relocated. She made it clear that she does not want to see
the Food Bank to go away and agrees it is a good thing. She noted that the taxpayers are paying for the
utilities, fuel, etc. She stressed that the Town is at risk when you have people walking in and out and
noted that it only takes one person to sue.
Adjournment:
Motion made by Councilperson Harvey, seconded by Councilperson Small that the August 9, 2006
regular Town Board Meeting adjourn.
Discussion:
Vote: Councilperson Fisher aye, Councilperson Hubbell aye, Councilperson Small aye, Councilperson
Harvey aye, Supervisor Owens aye. Motion carried.
Meeting adjourned at 8:35 p.m.
Respectfully submitted,
Alice Laue
Town Clerk