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HomeMy WebLinkAboutDecember_8,_2010_Regular_Meeting[1].pdf Town of Enfield Public Hearing and Regular Town Board Meeting Minutes Enfield Community Building December 8, 2010 6:45 p.m. Present: Town Supervisor Roy Barriere, Town Councilperson Chris Hern, Town Councilperson Jean Owens, Town Councilperson Debbie Teeter, Town Highway Superintendent Barry Rollins, Town Clerk Alice Linton Absent: Town Councilperson Stephanie Gaynor Town Supervisor Barriere opened the public hearing and meeting at 6:45 p.m. by leading the assemblage in the Pledge of Allegiance to the Flag. Supervisor Barriere read the legal notice that was published in the Ithaca Journal for the public hearing on the dog control law and senior citizen contract. Public Hearing on Dog Control Law: A letter was received from Sagedust Kennel encouraging the town to continue offering purebred licenses. Barry Rollins asked who would enforce this law. Supervisor Barriere responded complaints would be filed with the SPCA since we contract with them, and town justices would issue fines. There being no further comments, the public hearing was closed at 6:50 p.m. The public hearing for the senior citizen contract was then opened. This is identical to last year’s contract except that it will now be a 5 year contract and $100 will be added onto the annual allowance for the last 4 years ($2,100 for 2011, $2,200 for 2012, 2013, 2014 and 2015). There being no comments, the public hearing was closed at 6:51 p.m. Presentation by Dan Kaim Deferred Compensation: Mr. Kaim explained the deferred compensation plan which is available to municipalities and school districts. It is a 457B supplemental retirement plan. Employees contributions are pre- tax dollars, money can be drawn out at any time when an employee leaves service, the cost is free to the town, there are no minimum number of employees that must enroll, payments are made through payroll deduction either as a dollar amount or as a percentage, full and part time public officials are eligible. Correspondence: Notice of Ithaca-Tompkins County Transportation Council meeting to be held December 21 from 2:00-4:00 p.m. at 737 Willow Avenue. Second and third quarter report from the Enfield Community Council was received. Notice of workshop on “The Loss of Open Space in Upstate New York… Does It Matter?” to be held January 20, 2011 at the Ovid Federated Church, Ovid, NY. Five Year Progress Report on Tompkins County Comprehensive Plan Implementation and 2009 Annual Report from the Tompkins County Department of Planning was received. Enfield Town Board Meeting, December 8, 2010 - 2 - Privilege of the Floor: No one wished to speak. Approval of Minutes: Councilperson Owens moved, with a second by Councilperson Hern to approve the minutes of the November 10, 2010 regular town board meeting and the November 17, 2010 special town board meeting. Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere aye. Councilperson Gaynor absent. Carried Warrant Amendments: Resolution #2010-54 Resolution Amending Warrant #10 – 2010 Whereas, Voucher #158 from Warrant #10 for the Highway Fund had already been paid in September on Voucher #225, Warrant #9, now therefore be it Resolved, that Warrant #10 for the Highway Fund be amended to delete Voucher #158, which was in the amount of $160.00 to G&H Extinguishers, and further be it Resolved, that the total of Warrant #10 for the Highway Fund be amended to $86,136.82. Supervisor Barriere moved to accept Resolution #2010-54, with a second by Councilperson Teeter. Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere aye. Councilperson Gaynor absent. Carried Audit Claims: Councilperson Owens moved, with a second by Councilperson Teeter to authorize the supervisor to pay General Fund vouchers #307-335 dated December 8, 2010 in the amount of $24,989.61, and Highway Fund vouchers #189-204 dated December 8, 2010 in the amount of $40,854.83. Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere aye. Councilperson Gaynor absent. Carried County Legislator’s Report: Dave McKenna reported the county legislator was in favor of a proposed BJs Wholesale Club store, senior housing and a created wetland site project for the Village of Lansing next to the Shops at Ithaca Mall. This would potentially bring increased sales tax revenue to the county. Arrowhead Ventures wants to develop this site and receive a payment-in-lieu-of-taxes incremental financing agreement. Resolution #2010-55 Whereas the Town of Enfield recognizes the potential for increased sales tax revenues and Enfield Town Board Meeting, December 8, 2010 - 3 - Whereas the Town of Enfield also recognizes the potential increase from property tax for development of the proposed BJs Wholesale Club and Whereas we recognize the need for the approximate 70 projected jobs associated with the BJs Wholesale Club and Whereas we recognize the need for diversity of needs of senior housing Therefore be it resolved that the Town Board of the Town of Enfield urges the Tompkins County Industrial Development Agency to vote in favor of the proposed Arrowhead Development Group’s BJs Wholesale Club Project. Councilperson Teeter moved, with a second by Supervisor Barriere to approve Resolution #2010-55. Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere aye. Councilperson Gaynor absent. Carried This Resolution is to be passed on to Mike Stan of the Tompkins County Industrial Development Agency. Councilperson Owens urged Dave McKenna to look at priorities for next year’s budget and make sure that some areas aren’t over target while others take cuts. She asked that basic services for youth and those in need be looked at carefully as these are extremely important. Proposed Resolution for December 16, 2010 Special Meeting: Supervisor Barriere has asked town attorney Guy Krogh to put together a resolution to establish a new fund for future building of a town hall. Anytime a new special fund is started, it is subject to a permissive referendum. Highway Superintendent’s Report: Highway Superintendent Buddy Rollins asked if there could be a special budget line for gravel that is hauled for the new highway facility road, use of the trucks, etc. Supervisor Barriere will look into this. Nancy Oltz from TCAT contacted Buddy asking about adding a Park and Ride at either the old or new highway facility. She would be more than willing to come and speak to the board about this. An area could be built up with extra crusher run next to Route 327 at the new facility. The board discussed advantages to each site and will keep this in mind for future plans. Supervisor Rollins reported they are ready for winter. They had their first test Saturday and everything worked well. The recent hard rain washed out 2 driveways a little bit – they were plugged with leaves. One shoulder on Harvey Hill got washed out a little also. Code Enforcement Officer’s Report: Alan Teeter reported that things slowed down a little in November. Five building permits were issued, which brings the total for the year to seventy. Three certificates of occupancy were issued, along with four certificates of completion. Fourteen building inspections, eleven Enfield Town Board Meeting, December 8, 2010 - 4 - progress checks, one fire inspection for general occupancy, and one fire inspection requested by an owner were completed. Committee Reports: Planning Board: Councilperson Teeter reported that in lieu of a meeting, the entire board went to a training at TC3 in Dryden with the exception of Keith Smith. This was a four hour training with a break for dinner. This was not a particularly good training – Ann Chaffee suggested that everything covered in the first section could have been put in a pamphlet and provided to new members. There was some good information on grants, but overall it was not worth the expense of $25 per person. Health Insurance Consortium: Supervisor Barriere reported that the joint committee is being put together – Herb Masser will represent the Town of Enfield. Enfield Community Council: Councilperson Teeter attended the last meeting. They are looking for a new president for next year. There is someone who has expressed an interest in the position. At their meeting they brainstormed what role the Community Council should play – they came up with a couple dozen ideas for programs and supporting current efforts. Supervisor Barriere reminded the board that at the beginning of the year they found out they would not get the funding from Tompkins County for the employment part – about $3,750. Typically the town matches that. The town decided that even though the county was not going to fund their portion of it, we would still match that $3,750. Now the Community Council is asking us to do that again. However, because of other cuts that they’ve received, they are asking us to consider paying the county’s portion also - $3,750. Supervisor Barriere will meet with the Community Council at their first meeting of the year in January and he will recommend amending the contract and increasing the figure covering the county portion. Councilperson Teeter mentioned that once again the summer program will not be able to use Enfield School and the state park system will not budge on giving a reduced rate. Another thing to take note of is Enfield has a full time youth educator. The ECC needs to look at all their programs and determine if they can continue with a full time programmer or if we should go to a ¾ time youth educator. Maybe some community programs can be added. Enfield Volunteer Fire Company: Supervisor Barriere read the report as Art Howser was unable to attend the board meeting. In November there were 25 calls – 15 EMS, 1 carbon monoxide detector investigation, 1 investigation of a strong odor, 1 grass fire, 1 smoke condition, 1 mutual aid to Trumansburg, 4 tree and/or wires down, 1 illegal burning of mattresses. Chicken BBQs will start in January and continue through April. Facilities Manager: Councilperson Hern had two estimates for a furnace in the Town Hall. Based on price and time frame, Chris recommended we contract with Hull Heating and Plumbing. Hopefully the furnace will be up and running by next week. Councilperson Hern moved, with a second by Councilperson Teeter to accept the proposal of Hull Heating and Plumbing for installation of a Miller Gun Oil Fired Furnace at the Town Hall in the amount of $2,800.00 and authorize the supervisor to sign acceptance of the proposal. Enfield Town Board Meeting, December 8, 2010 - 5 - Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere aye. Councilperson Gaynor absent. Carried Councilperson Hern has received communication from the exercise group that uses the Community Building that the furnace isn’t warming the area up. He reset the furnace this week and has been keeping an eye on it. If it continues to be a problem, something further may need to be done. Supervisor Barriere has sent a letter off to HALCO letting them know we weren’t satisfied with their service, along with pictures. The furnace pipes were stuffed with nests and other material in the Town Hall. Councilperson Hern reported he went to the Maine Source store and was able to purchase supplies for the town at a very reasonable price. If we enroll with them, we’ll get a 5% discount. Councilperson Owens moved, with a second by Councilperson Teeter, to authorize the town supervisor to set up an account with Maine Source. Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere aye. Councilperson Gaynor absent. Carried Supervisor Barriere asked Councilperson Hern, if possible by the February meeting, to start a feasibility study on leaving the Town Hall where it is now as opposed to moving it to the Community Building, once the new highway facility is complete. We may not want to maintain that building, but it needs to be looked into. Communication Access Committee: Councilperson Hern has sent another e-mail to Chuck Bartosch and he responded that we were overlooked in the grant money, but he is applying for another grant with the federal government. Councilperson Hern will try to attend their meetings which are held the 4th Monday of each month per Dave McKenna. Facilities Development: Councilperson Owens reported there will be a special board meeting scheduled for all parties to review the final highway facility design. Personnel Committee: Nothing to report except information on the deferred compensation plan. Tompkins County Council of Governments: Supervisor Barriere mentioned that we received our first bill, due in January, for the month of January, for the Health Consortium. It is a little less expensive than what we had anticipated paying. Another item was a resolution for the Council’s reserve fund. It is a voluntary fund for each municipality to contribute. This fund can be used for purposes such as renting a facility for public hearings. There was also an update on the gas drilling task force. Minutes from the task force are on the TCCOG web site. Enfield Town Board Meeting, December 8, 2010 - 6 - There was also a discussion on development of an emergency disaster plan for municipalities. Each municipality will be asked to form a committee to update their plan. Old Business: Deferred Compensation Update: The only impact this should have on the town would be with our bookkeeper who would need to add and make changes to each employee’s paycheck if they join the plan. Councilperson Teeter will set up a meeting with Dan Kaim and notify all town employees of the meeting after the first of the year. Supervisor Barriere stated he’d like to have all the town’s public officials invited to the presentation. Resolution #2010-56 Adoption of the State of New York Deferred Compensation Plan WHEREAS, the Town of Enfield wishes to adopt the Deferred Compensation Plan for Employees of the State of New York and Other Participating Public Jurisdictions (the “Plan”) For voluntary participation of all eligible employees; and WHEREAS, the Town of Enfield is a local public employer eligible to adopt the Plan pursuant to Section 5 of the State Finance Law* and WHEREAS, the Town of Enfield has reviewed the Plan established in accordance with Section 457 of the Internal Revenue Code and Section 5 of the State Finance Law of the State of New York; and WHEREAS, the purpose of the Plan is to encourage employees to make and continue careers with the Town of Enfield by providing eligible employees with a convenient and tax-favored method of saving on a regular and long-term basis and thereby provide for their retirement; NOW, THEREFORE, it is hereby: RESOLVED, that the Town of Enfield hereby adopts the Plan for the voluntary participation of all eligible employees; and it is further RESOLVED, that the appropriate officials of the Town of Enfield are hereby authorized to take such actions and enter such agreements as are required or necessary for the adoption, implementation, and maintenance of the Plan; and it is further RESOLVED, that the Administrative Services Agency is hereby authorized to file copies of these resolutions and other required documents with the President of the State of New York Civil Service Commission. * A local public employer eligible to adopt the Plan pursuant to Section 5 of the State Finance Law includes: a county, city, town, village or other political subdivision as defined in Section 131 of the retirement and Social Security law or civil division of the State; a school district or other governmental entity operating a public school, college, or university; a public improvement or special district, a public authority, commission, or public benefit Enfield Town Board Meeting, December 8, 2010 - 7 - corporation; or any other public corporation, agency or instrumentality or unit of government which exercises governmental powers under the laws of the State. Councilperson Owens moved, with a second by Councilperson Teeter to accept Resolution #2010-56. Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere aye. Councilperson Gaynor absent. Carried Discuss and Approve Dog Law: Town Clerk Alice Linton stated a letter had been received regarding purebred licenses from Sagedust Kennel. If we keep the purebred licenses it would save the few owners with purebred licenses some money – fees proposed were $25 for less than 10 dogs. Keeping the purebred license is more work for the town clerk’s office, but they are willing to do it if the board would like to keep these licenses. Supervisor Barriere asked if we keep purebred licenses what recommendation the clerk would have on the number of dogs. Clerk Linton responded a minimum of 3-5 would be acceptable. Councilperson Teeter suggested the monetary issue is the main concern for most purebred license holders. Dogs don’t need to be licensed until they are 4 months old, and owners have 30 days in which to license dogs – this would help with those being adopted. Councilperson Owens moved to accept Enfield Local Law #3 for 2010, with a second by Councilperson Teeter. Councilperson Owens feels licensing fees are meant to offset dog control. If you have more dogs, there is more of a responsibility for the town to maintain dog control. She feels that if a dog is a purebred or a mutt doesn’t matter – each of those animals presents a dog control issue potentially. She doesn’t see the case of accepting other types of establishments that might potentially make money, like selling purebred dogs - that cost is part of doing business and can be passed on to the consumer when purchasing puppies. She likens this to other fees that we have, such as registering our vehicles – it is a user fee to use the roads. If someone has two trucks and a van they need to pay for each of those vehicles. She is in support of all dogs being treated fairly and equally. Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere aye. Councilperson Gaynor absent. Carried Rescind Resolution #2010-53, “Dog Licensing Fees”: Since we now have a law that includes fees, we need to rescind this resolution that was passed last month. Supervisor Barriere moved to rescind Resolution #2010-53 that was passed last month dealing with dog licensing fees. Councilperson Hern seconded the motion. Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere aye. Councilperson Gaynor absent. Carried Discuss and Approve Senior Citizen Contract: Supervisor Barriere spoke with Senior Citizen President William Eishenhardt so he is aware of the proposed five year contract. Enfield Town Board Meeting, December 8, 2010 - 8 - Councilperson Teeter moved, with a second by Councilperson Owens to accept and authorize the supervisor to sign the Senior Citizen Five Year Contract. Discussion: Councilperson Teeter encouraged the senior citizens to consider becoming part of the Enfield Community Council Program. At this time, they have no insurance and from time to time that creates a problem. They could also work with youth in programs. Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere aye. Councilperson Gaynor absent. Carried Discuss and Approve TCCOG Funding Resolution: Resolution #2010-57 Resolution to Assist TCCOG with Establishing Funds for Their 2011 Budget WHEAERAS, on occasion, the Tompkins County Council of Governments (TCCOG) needs a modest source of funding for projects that are of mutual benefit to the majority of municipalities within TCCOG and, WHEREAS, a quick funding response to projects that arise unplanned in not currently possible because of the nature of TCCOG that requires each member to return to each of their municipal boards with funding requests, a process that can take months, and results in uneven and unpredictable funding amounts, and WHEREAS the continued sense of volunteerism and mutual interest that has been important to TCCOG is still encouraged and highly valued, and WHEREAS, funding proposals should be oriented toward projects that serve the broadest interests of all TCCOG members rather than the unique interests of a minority of members, and WHEREAS, projects are of a one-time nature rather than recurring, now therefore be it RESOLVED, that the Town of Enfield contributes the $250 fee for the 2011 TCCOG budget. Supervisor Barriere moved, with a second by Councilperson Owens to accept Resolution #2010-57. Discussion: Supervisor Barriere mentioned this may not be an annual need. Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere aye. Councilperson Gaynor absent. Carried New Business: None Announcements: Supervisor Barriere recognized two people for their service to the Town of Enfield. Keith Smith, who served on the Planning Board in 2010, is retiring and leaving Enfield Town Board Meeting, December 8, 2010 - 9 - Enfield, so he is resigning his position. If anyone is interested in serving on the Planning Board, they should let Supervisor Barriere know. Jean Owens has served on the town board and was thanked for her wealth of knowledge and all her help. The nomination for the Volunteer Recognition Program goes to Linda and Larry Stilwell this month. They have volunteered for almost 50 years each. While raising and caring for their family, they have volunteered for the Enfield Fire Company, have helped with the Enfield Food Distribution, and are incredible assets to the community. Adjournment: Supervisor Barriere moved, with a second by Councilperson Hern to adjourn at 8:45 p.m. Motion passed unanimously. Respectfully submitted, Alice Linton Enfield Town Clerk