HomeMy WebLinkAboutTown-Board-Meeting-March-11-2009-Resolution-13.pdfRESOLUTION 13 OF 2009
RESOLUTION RESCINDING RESOLUTION OF
FORMATION OF TOWN OF ENFIELD FIRE DISTRICT
(RESOLUTION 41 OF 2008)
At a Regular Meeting of the Town Board of the Town of Enfield, held in and for
the Town of Enfield at the Enfield Community Center on the __th day of March,
2009, with the following members being present: Frank Podufalski, Supervisor;
Robert Harvey, Councilperson; Roy Barriere, Councilperson; Herb Masser, Jr.,
Councilperson; and Stephanie Gaynor, Councilperson; and the following
members being absent: none; and the following motion for a Resolution was duly
made by motion of Stephanie Gaynor, and was duly seconded by Roy Barriere;
and the vote was as follows: Frank Podufalski - aye; Robert Harvey – aye; Roy
Barriere – aye, Herb Masser, Jr., – aye; and Stephanie Gaynor – aye; and the
following Resolution therefore passed 5-5, and was duly adopted:
WHEREAS, the Town Board considered and passed a Resolution on December
10, 2008, declaring the formation of a Fire District for the whole of the territorial
areas encompassed by the political boundaries of the Town of Enfield (said
Resolution being Numbered Resolution 41 of 2008); and
WHEREAS, such resolution was passed subject to permissive referendum, even
though not subject to referendum by law; and for which the Town was and is not
legally empowered or authorized to conduct a referendum; and
WHEREAS, there was submitted a petition and signatures that otherwise would
have qualified to require a referendum; said petition and signatures being
sufficient in form and having the requisite number of signatures; and
WHEREAS, an attorney representing disgruntled residents opined and advised
the Town Board that the manner of creation of the Fire District was infirm as it
did not follow the statutory requirements and disenfranchised voters who may
have opted to decline to dissolve the Fire Protection District; and the dissolution
of a Fire Protection District is subject to a permissive referendum; and
WHEREAS, after directing research and an opinion upon these matters, and
several related matters, from the Town’s Counsel, and after consulting with such
counsel and the New York State Comptroller’s Office concerning these several
matters, it was determined that the district may not have been properly formed
and that the same could interfere with the future funding and operation of the
proposed Fire District, such that it was determined, and hereby is declared, to be
in the public interest to rescind the formation of the Fire District and re -start such
district formation process at a future time; and
WHEREAS, with deliberation upon the foregoing, and in consideration of the
recommendations of the Attorney for the Town and the New York State
Comptroller’s Office of Legal Counsel, the Town Board of the Town of Enfield
has hereby:
RESOLVED, that Resolution 41 of 2008, entitled “Resolutions of Approval of
Creation of Enfield Fire District” be and hereby is rescinded, and such
Resolutions and the Certificate of Filing thereof are hereby declared to be void
and of no force or effect.
SEQRA: Type II.