HomeMy WebLinkAbout2-15-07 TBM.pdf
TOWN OF ENFIELD
REGULAR TOWN BOARD
MEETING MINUTES
THURSDAY, FEBRUARY 15, 2007
7:00 P.M.
The regular monthly meeting of the Town of Enfield Town Board scheduled for Wednesday, February
14, 2007 was canceled and postponed (due to a winter snow storm) and held Thursday, February 15,
2007 at the Enfield Town Hall at 7:00 p.m. with Supervisor Owens presiding.
Present: Supervisor Jean Owens, Councilperson Peggy Hubbell, Councilperson Sandra Small,
Councilperson Robert Harvey and Town Clerk Alice Laue. Councilperson Jennifer Fisher was absent.
Others Present: County Legislator Greg Stevenson, Jolee Carlisle, Diane Aramini, David Dimmick,
Art Howser, and Debbie Teeter.
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 December 13, 2006 Regular Town Board Meeting Minutes, December 19, 2006
Special Town Board Meeting Minutes, December 27, 2006 Special Town Board Meeting
Minutes, December 28, 2006 Emergency Special Town Board Meeting Minutes, January 9, 2007
Executive Session Town Board Meeting Minutes, January 10, 2007 Regular Town Board
Meeting Minutes, and the January 17, 2006 Special/Audit Town Board Meeting Minutes:
Motion made by Supervisor Owens, seconded by Councilperson Small that the Town Board approve
the adoption of the December 13, 2006 Regular Town Board Meeting Minutes, December 19, 2006
Special Town Board Meeting Minutes, December 27, 2006 Special Town Board Meeting Minutes,
December 28, 2006 Emergency Special Town Board Meeting Minutes, January 9, 2007 Executive
Session Town Board Meeting Minutes, January 10, 2007 Regular Town Board Meeting Minutes, and
the January 17, 2006 Special/Audit Town Board Meeting.
Discussion: Councilperson Small asked that copies of these minutes as well as future minutes be sent
to Tim Mattison, the Attorney for the Town
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor
Owens aye, Councilperson Fisher was absent. Motion carried.
Communications/Correspondence: None reported.
Committees/Board Reports:
Tompkins County Legislature: Greg Stevenson
(a) Left a flyer for the Town Clerk on Tompkins RX cards, which is a prescription discount program
that the Legislature negotiated for folks that do not have insurance, Medicaid or any other way to
receive discount prescriptions. It saves an average of 20% on prescriptions.
Regular Town Board Meeting Minutes – February 15, 2007 2
(b) County Legislature’s Public Information Advisory Board has worked in conjunction with the
Budget Committee and are having some community forums. One of the goals is to get meetings out of
the city and into the rural parts of the community. Saturday, March 10, 2007 meeting at Enfield
Elementary School from 9:30 a.m.-12:30 p.m.
(c) Some additional things the County Legislature has been working on include: they are receiving a
fair amount of input on wind energy, the County is working to try to keep Lakeside Nursing Home
open, Tobacco 19 is being talked about but does not appear to have much support, and the Health
Department Building Site Committee is still doing research on its location and affordability. Mr.
Dimmick asked if there was any news with respect to Black Oak Road. County Legislator Stevenson
responded that there are plans in place and it is supposed to happen. Stevenson reported that he will be
serving on the Facility and Infrastructure Committee this year and that if he gets any new news, he will
let Mr. Dimmick know as well as share it with the Town Board.
Beautification Committee: Jolee Carlisle (a new member to the Committee) presented to the Board a
two-thirds scale model from Mr. DeGroat showing what the two “Welcome to Town of Enfield” signs
would look like. Signs are to be six feet in diameter and made from white cedar. The letters, trees,
fields, church, etc. will all be raised. He would like to paint the letters and leave the background
natural with a protective coating. Ms. Carlisle reported that there was an error in the cost for the
carving of the signs as previously presented to the Town Board. Mr. DeGroat refigured the project and
also included not only painting the letters but inside the letters as well. The bid is $1,725 for one sign
with 20% off on the second sign for a total of $3,105. A “Letter of Engagement” was presented to the
Board for approval, which outlined that Mr. DeGroat needed a deposit of $1,300 as start-up and
material money, that he agrees to have the signs completed on or before May 31, 2007, that $805 will
be delivered upon completion of the first sign, and that the balance of $1,000 is to be paid after
delivery of the second sign.
Motion made by Councilperson Small, seconded by Councilperson Hubbell that the Town Board
authorizes the Supervisor to sign the proposed “Letter of Engagement” with Mr. DeGroat in the
amount of $3,105.
Discussion: Councilperson Harvey suggested that the Committee explore staining the letters as
opposed to painting them. Councilperson Small asked Ms. Teeter if Cooperative Extension had ever
reimbursed the Town for the $750+ from 2006. Ms. Teeter said she believed so. Neither she nor
Supervisor Owens knew for sure and both indicated they would check on it. Supervisor Owens to
forward the engagement letter and deposit to Mr. DeGroat.
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor
Owens aye, Councilperson Fisher was absent. Motion carried.
Cemetery Committee: Councilperson Hubbell reported the need to increase cemetery plot fees and
will propose something at a later date. Enfield looks to be the lowest in the County.
Code Enforcement: No one present, no report.
Enfield Community Building: Councilperson Harvey reported work is moving along. Downstairs is
open for use. Restrooms are not open and are anticipated to be open by March 1. ECC may be able to
move back in at that time. Supervisor Owens added that the asbestos has been removed and air quality
tests cleared.
Regular Town Board Meeting Minutes – February 15, 2007 3
Enfield Community Council: No one present, no report.
Enfield Volunteer Fire Company: Deputy Fire Chief Art Howser presented the Town Clerk with the
Fire Company’s January 2007 Call List and a list of trainings for the months of February, March and
April and highlighted on same. Town Clerk Laue to make copies and circulate to Board members. He
added that Alan and Debbie Teeter are new Fire Company members.
Ethics Committee: Committee Chair, David Dimmick reported that the Committee met in January.
Committee members are Doris Rothermich, Diane Aramini, David Dimmick, Virginia Bryant, and
Tom Gunningsmith. It was reported that Marnie Kirchgessner had expressed interest in serving on the
Committee but when contacted, she declined. The Committee is working on redrafting the Town’s
Code of Ethics Local Law and a new disclosure statement. The Committee expressed interest in
changing the name of the Committee to Board of Ethics, which will be in the draft document soon to
be presented to the Board.
Highway Department: No report - pretty obvious they have been busy plowing.
Personnel Committee:
(a) Typist and Cleaner Positions: Councilperson Small reported that a correction needs to be made
on the Tompkins County’s Payroll Certification submitted last month for Typist Leslie Phelps who had
been hired in November for indexing of Town Board meeting minutes. The January 10, 2007
Organizational Resolution indicates the hourly rate of $16/hour and it was approved back at the
November 8, 2006 regular Town Board meeting for $20/hour. Also, the Town’s Cleaner position was
left off the Payroll Certification.
Motion made by Councilperson Small, seconded by Councilperson Hubbell that Wayne C. Snyder be
reappointed on a temporary basis as the Town’s Cleaner to clean the Town Hall for 2007 at the rate of
$10.00 an hour.
Discussion: Councilperson Small said these two titles should be included in the future on the January
Organizational Resolution. Councilperson Harvey said cleaning needs to be done on a regular basis
and suggested that once the Community Building is finished, the Town should consider a professional
cleaner/custodian. He added that once the Courts open up at the Community Building, the Board
needs to revisit the situation.
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor
Owens aye, Councilperson Fisher was absent. Motion carried.
Motion made by Councilperson Small, seconded by Councilperson Harvey that the Payroll
Certification salary rate for Typist Leslie Phelps be changed from $16 to $20 an hour and that
Councilperson Small can verbally notify the Tompkins County Personnel Office of such change.
Discussion: Councilperson Small noted that the 20 hours already submitted and paid at the rate of $16
would need to be adjusted. Councilperson Small asked Supervisor Owens to inform Bookkeeper
Podufalski of change as well as to include an additional $80 in Ms. Phelps’ next paycheck ($4 x 20
hours). Town Clerk Laue will notify Ms. Phelps of correction.
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor
Owens aye, Councilperson Fisher was absent. Motion carried.
Regular Town Board Meeting Minutes – February 15, 2007 4
(b) Health Insurance Informational Meeting: Councilperson Small reported that on February 8,
2007 she arranged for an Excellus BC/BS account consultant to come out to explore different options
for full-time highway employees. She reported that it was a very good meeting and it looks like the
Town can lower its premiums and yet offer pretty much the same services. Small is looking into
having another representative come out to discuss health insurance options for retirees and added that
once these meetings have taken place, then the Committee will look over the options and make
recommendations to the Board.
(c) Councilperson Small reported that since the Town no longer has any employees receiving money
in lieu of health insurance, she recommends the Town Board consider discontinuing that option and
read the following resolution for consideration:
RESOLUTION NUMBER 2007-9
DISCONTINUANCE OF TOWN OF ENFIELD’S MONEY IN LIEU OF HEALTH INSURANCE
POLICY 200.3 OF THE POLICIES & PROCEDURES MANUAL AND
SECTION 806 MEDICAL INSURANCE BUY-OUT OF THE EMPLOYEE HANDBOOK
WHEREAS, the Enfield Town Board has determined that since no employees are currently receiving
money in lieu of health insurance, it wishes to discontinue its offering.
NOW, THEREFORE, be it
RESOLVED, that effective February 15, 2007, the Town of Enfield Employee Handbook, Section
806 entitled “Medical Insurance Buy-Out” is deleted in its entirety; and it is further
RESOLVED, that effective February 15, 2007, the Town of Enfield Policies and Procedures
Manual Policy 200.3 entitled “Money in Lieu of Health Insurance” is deleted in its entirety; and it is
further
RESOLVED, that the form entitled “Affidavit of Intent to Participate in the Health Insurance Buy-
Out” associated with said policies is no longer valid.
Resolution moved by Councilperson Small, seconded by Councilperson Hubbell.
Discussion: Councilperson Harvey asked for clarification. Supervisor Owens explained that if a
spouse has insurance through their place of employment then the Town will reimburse $250 to the
Town’s employee if that person elects not to go on the Town’s insurance. Councilperson Small said it
works out to be an additional $3,000 a year as extra income for the employee.
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor
Owens aye, Councilperson Fisher was absent. Resolution carried.
Planning Board: There was no Planning Board meeting this month, nothing to report.
Tompkins County Council of Government (TCCOG): Councilperson Harvey reported that the
meeting was a continuation of previous discussions. Next meeting February 22, 2007 at the Town of
Ithaca Town Hall.
Regular Town Board Meeting Minutes – February 15, 2007 5
Old Business:
Housing Rehabilitation Grant Application 2007: Supervisor Owens reported that the Board needs
to decide if it wants to resubmit the Housing Rehabilitation Grant Application for an amount up to
$2,000. Two public hearings need to be set. The first public hearing is on community improvement
projects, housing rehabilitation and the second focuses on activities to be included in the 2007 Small
Cities Application. Better Housing to publish notices of public hearings. Deadline is April 2, 2007.
Supervisor Owens reported that it is basically the same application with issues and statistic addressed
and updated and that it benefits at least 20 homeowners. Councilperson Hubbell said she would like to
know what the issues are and felt Better Housing should do a better job at screening individuals.
Motion made by Supervisor Owens and seconded by Councilperson Harvey that the Town Board
approve the resubmission of the Housing Rehabilitation Grant 2007 and that the cost for resubmission
be no more than $2,000.
Discussion: Supervisor Owens explained that it is a $400,000 grant. The Town hires Better Housing
to administer the program. The Town does not have the staff to take the applications. Better Housing
have construction managers that go out and monitor the progress and make sure the punch list takes
place but no housing rehab is done until it goes to the Oversight Committee that is comprised of
individuals from the Town Board, Better Housing and County Planning. Better Housing does all of the
information gathering from the homeowners. The Town keeps files and authorizes payment. The
money passes through the Town. Local Enfield contractors are kept in the loop so they can put in bids.
When there is a problem with the contractor’s poor workmanship, the complaint goes before the
Oversight Committee and, if proven, the contractor is deleted from the list. Supervisor Owens
encouraged any board member to participate on the Oversight Committee.
Vote: Councilperson Hubbell no, Councilperson Small aye, Councilperson Harvey aye, Supervisor
Owens aye, Councilperson Fisher was absent. Motion carried.
Motion made by Councilperson Harvey, seconded by Councilperson Hubbell that the Housing
Rehabilitation Grant Application 2007 Public Hearings be scheduled for March 14, 2007. First hearing
to be at 7:00 p.m., second hearing to be at 7:15 p.m. Better Housing to advertise public hearings.
Discussion: Supervisor to check with Better Housing to see if its possible to hold two public hearings
on housing rehabilitation the same night.
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor
Owens aye, Councilperson Fisher was absent. Motion carried.
New Business:
(a) A Local Law Providing for the Administration and Enforcement of the NYS Uniform Prevention
and Building Code was discussed. The consensus of the Board was to send it to the Attorney for the
Town, Tim Mattison for his review and if okay, to hold a public hearing at the Town Board’s April
meeting. Councilperson Small said she would forward a copy to the attorney since Supervisor Owens
was leaving to go on vacation. Public hearing to be set at the March meeting.
(b) Lee Diminishing Lien: Supervisor Owens explained that the situation is such that it appears that
the Town would receive nothing or very little on the property. The Town is not the first lienholder.
The potential buyer falls within the income guidelines and the buyer is willing to assume the lien,
which would allow a family to own their own housing. There is a mortgage firm that is willing to
Regular Town Board Meeting Minutes – February 15, 2007 6
carry them on a mortgage. The Town Board asked and has received from the Town’s attorney an
appropriately worded four-page resolution so that the Town’s interest will be recognized in the change
of the owner of the property and that the new property owner adhere to all of the requirements for a
low income homeowner for a housing rehab grant. [Although the resolution was not read at the Town
Board meeting because of its length, it is included in the minutes for reference.]
RESOLUTION NUMBER 2007-10
WHEREAS, the Town of Enfield entered into a Diminishing Lien Agreement through its Community
Development Block Grant Program providing one Shimene Lee with funds for repairs to premises
located at 2435 Mecklenburg Road, Ithaca, New York, by agreement dated September 29, 2005, and
WHEREAS, the Town of Enfield has existing as of this date a lien on said premises in the amount of
eighty percent (80%) of the original grant of $19,634.00 or $15,707.20, and
WHEREAS, the Town of Enfield has been duly served with a foreclosure complaint in an action
brought by the United States of America versus said Shimene Lee and naming the Town of Enfield as
a party to such foreclosure litigation seeking to foreclose the valid first lien on said premises held by
the United State of America, and
WHEREAS, the Town of Enfield has been made aware that there is a proposal made by one Lisa M.
Utter to purchase the subject premises in lieu of the foreclosure action going forward, and
WHEREAS, the Town of Enfield has been informed by Tompkins County Community Housing that
said Lisa M. Utter does in fact qualify under its income and asset guidelines for a grant for home repair
and rehabilitation pursuant to the Community Development Block Grant Program, and
WHEREAS, the Town of Enfield is desirous of protecting its lien on the subject premises while
enabling Lisa M. Utter to own and occupy said premises in the place and stead of the aforementioned
Shimene Lee, and
WHEREAS, the Town Board of the Town of Enfield finds that it is in the best interest of the residents
of the Town of Enfield to have property such as the subject premises rehabilitated and repaired in order
to maintain the Town’s tax base and the living environment of the Town’s residents, and
WHEREAS, the Town of Enfield has been informed that Lisa M. Utter would be willing to assume the
position of the aforementioned Shimene Lee immediately upon assuming ownership of the subject
property in a like manner as provided for in the Diminishing Lien Agreement between the Town of
Enfield and said Shimene Lee dated September 26, 2005, immediately upon assuming ownership of
the subject premises, and
WHEREAS, the Town of Enfield has been informed that the purchase of the subject premises by Lisa
M. Utter may only be accomplished if in fact the Town releases the existing balance of the lien
pursuant to the Diminishing Lien Agreement aforementioned dated September 26, 2005, and
WHEREAS, the Town of Enfield agrees to release said lien only in the event, and upon the condition,
that it is replaced by a subsequent lien in an amount not less than $15,707.20 pursuant to a Diminishing
Lien Agreement to be executed by the Town of Enfield and Lisa M. Utter, and
Regular Town Board Meeting Minutes – February 15, 2007 7
IT IS HEREBY RESOLVED:
That the Town Supervisor of the Town of Enfield is hereby authorized to execute any and all necessary
documents in order to release and extinguish the lien of the Town of Enfield on premises located at
2435 Mecklenburg Road, Ithaca, New York 14850, pursuant to the Diminishing Lien Agreement
entered into September 26, 2005 between the Town of Enfield and Shimene Lee, and
IT IS, FURTHER RESOLVED:
That the Town Supervisor shall execute said necessary documents in order to release the
aforementioned lien only after the Town has been assured that the prospective new owners of the
subject premises Lisa M. Utter will execute with and in favor of the Town of Enfield a new
Diminishing Lien Agreement providing for the Town to hold a diminishing lien on said premises in an
amount not less than $15,707.20 with said lien to diminish at the same rate as that provided for by the
Diminishing Lien Agreement entered into between the Town of Enfield and the aforementioned
Shimene Lee on September 26, 2005, and
IT IS, FURTHER RESOLVED:
That the Town Supervisor shall be authorized to execute the aforementioned Diminishing Lien
Agreement between the Town of Enfield and Lisa M. Utter, only after the aforementioned Lisa M.
Utter shall sign a copy of this Resolution indicating her agreement to execute the aforementioned
Diminishing Lien Agreement to be put into place replacing that of the September 26, 2005 as above
referenced.
Motion made by Councilperson Harvey, seconded by Supervisor Owens that the Town Board approve
the Lee Diminishing Lien and authorizes the Supervisor to send the resolution to the buyer’s attorney
for the buyer’s signature. Lien not to be signed by Supervisor until buyer has signed same and signed
lien returned to the Town.
Discussion: Supervisor Owens will call buyer’s attorney for buyer’s signature on resolution. Owens
to stop by Mr. Parks office on her way out of town.
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor
Owens aye, Councilperson Fisher was absent. Resolution carried.
(c) Budget Amendment No. 2 – Money in Lieu of Health Insurance Transfer: Supervisor Owens
read a budget amendment that would correct a bookkeeping error with respect to an underpayment for
health insurance cash in lieu of amount due Highway employee Ray Poole for 2006. Budget
amendment was seconded and withdrawn. Councilperson Small interrupted that she had reworked the
budget amendment into a resolution and expressed the need to explain what happened in more detail
for tracking purposes.
RESOLUTION NUMBER 2007-11
TOWN OF ENFIELD BUDGET AMENDMENT NO. 2
MONEY IN LIEU OF HEALTH INSURANCE TRANSFER
WHEREAS, due to a bookkeeping error when figuring 50% of single health insurance coverage
premium as outlined in the Town’s policy, Highway employee Raymond Poole is due to receive the
balance of $174.24 in 2006 account code D9060.831 titled “Health Insurance Cash in Lieu – Poole”,
Regular Town Board Meeting Minutes – February 15, 2007 8
NOW, THEREFORE, be it
RESOLVED, that the 2007 appropriation for expenditure account code DA9060.833, titled “Health
Insurance Cash in Lieu underpaid – Poole 2006”, is added as a 2007 Highway appropriations
account in the amount of $174.24, and be it further
RESOLVED, that account code DA9060.831 “Health Insurance Cash in Lieu – Poole” be decreased
from $3,000.00 to $2,825.76 and that account code DA9060.833 titled “Health Insurance Cash in
Lieu underpaid – Poole 2006” be increased from $-0- to $174.24.
Resolution made by Councilperson Small, seconded by Supervisor Owens.
Discussion: Councilperson Small added that the 50% was calculated using the 2005 premium and had
it been calculated using the 2006 premium, Mr. Poole would owe the Town money.
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor
Owens aye, Councilperson Fisher was absent. Resolution Carried.
(d) Beautification Committee: Motion made by Supervisor Owens, seconded by Councilperson
Small.
Motion to increase General Fund appropriations account code A7550.4 titled, “Celebrations-
Contractual” from $0.00 to $1,300.0 and decrease General Fund appropriations account code A1990.4
titled, “Contingency Account” from $31,500.00 to $30,200.00.
Discussion: Supervisor Owens said that when reimbursement comes back in, it goes into the
Contingency account because you cannot pay out of Contingency
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor
Owens aye, Councilperson Fisher was absent. Motion Carried
Audit Claims:
Supervisor Owens presented monthly bills and vouchers for payment. Motion made by Councilperson
Hubbell, seconded by Councilperson Harvey that the Town Board of the Town of Enfield authorizes
the Supervisor to pay:
- General Fund Vouchers #18-50 dated 2-15-07 in the amount of $21,117.30
- Highway Fund Vouchers #1-4 dated 2-15-07 in the amount of $6,972.74.
Discussion: Councilperson Small asked that the Fire Company voucher be pulled from the pile
because of their lack of continuing with contract negotiations.
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor
Owens aye, Councilperson Fisher was absent. Motion carried.
Enfield Volunteer Fire Company Voucher SF-2 in the amount of $18,750.00.
Motion made by Councilperson Harvey, seconded by Councilperson Hubbell that the Town Board
authorizes the Supervisor to pay Enfield Volunteer Fire Company voucher SF-2 in the amount of
$18,750.00 with the stipulation that the check is to be mailed by the Bookkeeper to the Town Clerk for
delivery to the Enfield Volunteer Fire Company no sooner than February 28, 2007.
Regular Town Board Meeting Minutes – February 15, 2007 9
Discussion:
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor
Owens aye, Councilperson Fisher was absent. Motion carried.
Announcements: There were none.
Privilege of the Floor:
David Dimmick (Fish Road): Expressed his unhappiness with Fire Company contract negotiations.
He does not feel any headway has been made and questioned why minutes were not provided when the
Board meets in Executive Session. Supervisor Owens responded that minutes of Executive Session are
not required by law. If action is taken, then the Board moves out of Executive Session to vote on the
action taken. That part is recorded and minutes are taken.
Adjournment:
Motion made by Councilperson Harvey, seconded by Councilperson Hubbell that the February 15,
2007 Regular Town Board meeting adjourn.
Discussion:
Vote: Councilperson Hubbell aye, Councilperson Small aye, Councilperson Harvey aye, Supervisor
Owens aye, Councilperson Fisher was absent. Motion carried.
Meeting adjourned at 8:40 p.m.
Respectfully submitted,
Alice Laue
Town Clerk