HomeMy WebLinkAbout8-13-14-Regular-Meeting.pdf
Town of Enfield
Regular Town Board Meeting Minutes
Enfield Community Building
Wednesday, August 13, 2014
6:30 p.m.
Present: Town Supervisor Ann Rider, Town Councilperson Virginia Bryant, Town Councilperson
Mike Carpenter, Town Councilperson Beth McGee, Town Clerk Alice Linton. Excused: Town
Councilperson Vera Howe-Strait.
Supervisor Rider opened the meeting at 6:30 p.m. by leading the assemblage in the Pledge of
Allegiance to the Flag.
Privilege of the Floor: Marnie Kirchgessner of 191 Enfield Main Road read the following
statement:
First I want to applaud the Town’s website and the comprehensive information about the Town &
community available there. Second I want to publically acknowledge the due diligence that is
occurring by the comprehensive plan writing committee. Open and inclusive leadership of that
committee assures me that the many and diverse voices of Enfield residents will be heard. What
concerns me is a seeming lack of coordination between the Facilities Development Committee,
which I understand is community members reviewing Town properties, their current usefulness
and possible future use options with the committee lead by Virginia Bryant that is supposed to
address the future of Enfield’s hamlet center both in terms of esthetics and growth possibilities.
The February newsletter stated “Progress reports of all these committees will be made regularly at
our monthly Board meetings held on the 2nd Wednesday of each month starting at 6:30 pm in the
upstairs of the Community Building” A review of published minutes doesn’t reflect reports yet a
special meeting was held in July and further action may occur here tonight. My request is for
public dialogue on any decisions that will affect the character of the Center. We have opportunities
here that may be lost in a rush to accomplish something. I suspect budget concerns could be
driving these decisions. I have any number of questions about the budget. First and foremost is
how did the adopted budget that shows a 5% tax increase become a 9.4% increase on my tax bill?
Why are there differences in modified budget line appropriations between January & February, of
this year, with no corresponding board actions recorded that I could find. What I found in the
minutes was “Supervisor Rider stated that she did not have the needed input from the Highway
Supervisor to address the highway budget amendments. She would therefore like to table these
amendments.” I appreciate you can move funds between expenditure lines when they’re exceeded
as in Town’s retirement expense that as of the May 31, 2014 budget report was over 55 thousand
dollars in excess of the budgeted amount, but I’ve never heard of changing the adopted budget
amount. Budgets set policy. Concerns about planning are irrelevant if our financial house isn’t in
order. A board’s fundamental responsibility is fiduciary. Another budget planning cycle has begun
for most towns, and the approaches to the process vary, but it is essential that current year to date
spending information be available. What I found on line was only the first 4 months of the year
with any number of contradictions so as a beleaguer taxpayer please become knowledgeable and
involved in the process. Thank you!
Approval of Minutes: Supervisor Rider moved, with a second by Councilperson McGee to accept
the minutes of the July 9, 2014 meeting.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson McGee aye,
Supervisor Rider aye. Councilperson Howe-Strait absent. Carried.
Enfield Town Board Regular Meeting, August 13, 2014 2
Supervisor Rider moved, with a second by Councilperson McGee to accept the minutes of the July
23, 2014 special meeting.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson McGee aye,
Supervisor Rider aye. Councilperson Howe-Strait absent. Carried.
Correspondence: Notification of annual fee to join the Association of Towns for 2015, which was
the same as the fee for 2014.
Budget Amendments:
Supervisor Rider moved, with a second by Councilperson Bryant to approve Budget Amendment
#2014-26.
BA#2014-26 Cemeteries
WHEREAS, expenses have exceeded the budget line A8810.4 entitled “Cemeteries-Contractual”,
now therefore be it
RESOLVED, that the General Fund Account, line item A1990.4, entitled “Contingent Fund”, be
decreased by $650.00 and General Fund Account, line item A8810.4 be increased by $650.00.
Discussion: Councilperson McGee asked why this line was overdrawn, since a local funeral home
reimbursed the town for the opening of a cemetery plot. She questioned why funds would be
transferred from the Contingency Fund when the funds from the funeral home should have covered
the burial expense.
Sue Thompson, chair of the Cemetery Committee, stated she could find no evidence of where the
check was deposited. She doesn't feel the account should be overdrawn.
Supervisor Rider withdrew the motion and will ask the bookkeeper where the $750 from the funeral
home was deposited.
Audit Claims:
Councilperson Carpenter moved, with a second by Councilperson McGee to authorize the
supervisor to pay General Fund vouchers #208 to #234 dated August 13, 2014 in the amount of
$17,110.29 and Highway Fund vouchers #132 to #135 and #137 to #149 dated August 13, 2014 in
the amount of $55,344.54.
Discussion: Councilperson McGee remarked that Voucher #220 would put the Black Oak Wind
Farm escrow line item in the red by about $4,000.00.
Supervisor Rider stated she has given the Black Oak Wind Farm notice that more funds need to be
forwarded to the town for that escrow account.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson McGee aye,
Supervisor Rider aye. Councilperson Howe-Strait absent. Carried.
County Legislator's Report: No report.
Enfield Town Board Regular Meeting, August 13, 2014 3
Highway Superintendent's Report: No report.
Code Enforcement Report: Code Enforcement Officer Alan Teeter reported in July there were 9
building permits issued, with 3 being for new homes, bringing the year to date total to 38. There
were 5 certificates of occupancy issued, 9 inspections completed, 18 progress checks completed, 1
complaint resolved and 1 letter of voluntary compliance sent.
Town Supervisor's Report: Supervisor Rider stated she attended a TCCOG meeting, a dog
meeting, and a shared services meeting. She opened new accounts at Tompkins Trust Company,
wrote to state officials regarding the look-back period for shared services, attended the IDA public
hearing on the Black Oak Wind Farm, worked on a road use agreement, met with TCAT and John
Rancich about the Park and Ride, completed paperwork for youth services money, attended a
cemetery committee meeting, attended a dinner sponsored by NYMIR and asked the Tompkins
County Assessment Department to do an up-to-date assessment of certain parcels of town land.
Committee Reports:
Planning Board: Sue Thompson reported the board discussed the Subdivision Regulations and fee
schedule. They recommended a fee of $50 for both Minor and Major Subdivisions. The Subdivision
Regulations are a back-up to the Site Plan Review Law. The Subdivision Regulations were
previously passed in July 2013, with a fee schedule to be added.
Supervisor Rider stated she would put the matter of adopting revised Subdivision Regulations and a
fee schedule on the September agenda.
Cemetery Committee: Sue Thompson reported the committee met and recommended Jessica Elliott,
Tucker Snyder, John Linton and Ed Thompson be added to the committee. Both John and Ed took a
class on stone repair for cemeteries. There may be a few vacant spaces in the Budd Cemetery, a few
vacant spaces in the Rolfe Cemetery, no spaces in the Presbyterian Cemetery, and many spaces in
the Christian Cemetery. Wayne and Tucker Snyder, who are currently employed by the town to
mow the cemeteries, have requested a new lawn mower be purchased. The Committee voted and
recommended a mower be purchased for use in the cemeteries at a price between $4,000 and
$6,000. At a future date the committee will discuss repairing cemetery stones.
Supervisor Rider is obtaining bids for a lawn mower and would like a future discussion on raising
the prices of a cemetery lot. The current cost is $300.
Comprehensive Plan Writing Committee: Councilperson McGee reported their next meeting will be
August 20.
Enfield Community Council: No report.
Recreation Partnership: No report.
County Youth Board: No report.
Enfield Volunteer Fire Company: Chief Roger Lauper was not present, but submitted his report
showing there were 29 calls in July which included 1 fire, 17 EMS, 2 MVA, 2 hazardous conditions
(power lines), 7 service calls. Trainings for August are Driver/Pump Training, EMS, Training with
G. Stillwell.
Enfield Town Board Regular Meeting, August 13, 2014 4
Tompkins County Health Insurance Consortium: No report.
Facilities Manager: Councilperson Carpenter reported Norm Smith will be installing a new metal
exterior door at the town clerk's office. Supervisor Rider added she had Norm Smith run a phone
line upstairs at the Community Building for the Department of Social Services to use when they are
meeting with clients twice a month.
Aquifer Study Fundraising Group: No report.
Facilities Development Committee: Supervisor Rider stated the committee hasn't met, as a
committee, since February.
Tompkins County Council of Governments: Supervisor Rider stated most area supervisors are
concerned about Governor Cumo's look-back period for shared services. They will be having a
deeper discussion to look at combining courts, highway facilities and towns in Tompkins County to
see if there are cost saving benefits.
Old Business:
Park and Ride: Supervisor Rider stated she met with John Rancich and he is interested in
acquiring town owned property across from the town hall. He would then consider a 40 year lease
with TCAT for a Park and Ride on that property. He would want to be held harmless from all prior
activities at the site. Supervisor Rider also met with Nancy Oltz, of Tompkins Consolidated Area
Transit (TCAT), who will go to her Board of Directors to discuss the proposal.
Councilperson Carpenter asked about upkeep of the area, such as snow removal. Supervisor Rider
feels John Rancich would want this included in his lease with TCAT.
Councilperson McGee asked about a timeline. Supervisor Rider stated she would like this
completed by the end of the year. She has contacted our town attorney and requested paperwork be
drawn up. She has the property description which she will provide to the town attorney and TCAT.
Supervisor Rider mentioned municipal law states you have to have a buyer before you can claim
you are going to sell property. Until there is a buyer for property, the sale is not subject to a
referendum.
Alarm System for Town Clerk's Office: A copy of an estimate from Alarmtech Systems in the
amount of $1,573.88 was provided to board members. Code Enforcement Officer Teeter stated this
system would be transferrable to other locations. Councilperson McGee questioned if we could
receive a discount for annual service since we already have the system in two other town buildings.
Councilperson Carpenter will provide Supervisor Rider with the name of another company so she
can obtain another estimate.
Policy Regarding Cutting Firewood From Town Property: Councilperson McGee stated she
would advertise that the firewood would be delivered within a 10 mile radius of the new highway
facility, on free social media, if someone would prepare the exact wording. Supervisor Rider stated
she will provide the wording.
Enfield Town Board Regular Meeting, August 13, 2014 5
Wind Farm FEIS Progress:
Supervisor Rider stated the Final Environmental Impact Statement should be ready soon so the
board can give feedback, hopefully by the September town board meeting. The Black Oak Wind
Farm is required to put up a security financial agreement to cover the cost of taking down the
towers. A surety bond is the usual way, but it is up to the town board and wind farm to make the
agreement. A road use agreement will also be needed, which Supervisor Rider is working on. Her
concern is the mechanism to determine road conditions prior to construction starting.
Councilperson Carpenter suggested checking with other towns where wind farms are located to see
what they have used.
Councilperson McGee stated her disappointment that the public hearing on the Payment In Lieu of
Taxes was held at 4 p.m. when most residents were at work and unable to attend.
New Business:
Appointment of Vera Howe-Strait as Alternate to TCCOG:
Supervisor Rider moved, with a second by Councilperson Carpenter, to adopt Resolution #2014-37.
Resolution #2014-37 Alternate Appointee to TCCOG
Whereas, from time to time the Supervisor is unavailable to attend Tompkins County Council of
Government (TCCOG) meetings on the 4th Thursdays of the month, now therefore be it
Resolved, that Vera Howe-Strait is authorized to attend TCCOG meetings and represent the Town
of Enfield.
Discussion: Councilperson Howe-Strait has expressed her willingness to be appointed to this
position.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson McGee aye,
Supervisor Rider aye. Councilperson Howe-Strait absent. Carried.
Sale of Town Owned Items:
Supervisor Rider stated there are items in the old highway facility, such as two old gas pumps and
two wagon wheels, that she would like to sell. Sue Thompson, town historian, has not signed off on
these items.
Councilperson Bryant will look into these items to establish a value once Supervisor Rider provides
a typed list of the items.
Public Hearing for Local Law to Override the Tax Cap Limit:
Supervisor Rider moved, with a second by Councilperson Carpenter to adopt Resolution #2014-38.
Resolution #2014-38 Public Hearing for Tax Cap Override
Enfield Town Board Regular Meeting, August 13, 2014 6
Whereas, New York State has instituted a law that local municipalities should not adopt a budget
increasing property taxes more than 2%, and
Whereas, it is unknown at this time what our 2015 budget will look like, now therefore be it
Resolved, that a public hearing on the matter of passing a local law to override the 2% tax increase
be scheduled for Wednesday, September 10, 2014 at 6:00 p.m.
Discussion: Councilperson Carpenter feels it is important to let the public have a say in this process.
He would like information on utility costs, by building, for both 2013 and 2014 to help in planning
the budget for next year.
Councilperson McGee stated this law protects the town, even if they don't mean to go over the
limit, but have an error in their calculations. She mentioned it might be helpful to have someone
from the county present an educational component to provide accountability, such as Jay Franklin
from the Tompkins County Assessment Office. Supervisor Rider suggested Don Barber, Town of
Caroline Supervisor, might be able to give information on county-wide problems. Councilperson
McGee felt that Jay Franklin was at the county level, so might be a better choice, but felt Don
Barber could be invited to another meeting.
Supervisor Rider reminded the board if the local law isn't passed, the town would be required to
stay under the tax cap. Even if the town meant to stay under the tax cap and an error was made,
without this law in place the town would be penalized.
Supervisor Rider moved, with a second by Councilperson McGee to amend the original resolution
to remove the paragraph that included language on possible increased costs to the town in 2015 and
to hold the public hearing at 6:00 p.m.
Discussion: Since the 2015 budget has not yet been determined it was premature to state what
increased costs would be.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson McGee aye,
Supervisor Rider aye. Councilperson Howe-Strait absent. Carried.
The vote was then called on Resolution #2014-38.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson McGee aye,
Supervisor Rider aye. Councilperson Howe-Strait absent. Carried.
Cemetery Committee Recommendations:
Supervisor Rider moved, with a second by Councilperson Carpenter to add Jessica Elliott, Tucker
Snyder, John Linton and Ed Thompson to the Enfield Cemetery Committee.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson McGee aye,
Supervisor Rider aye. Councilperson Howe-Strait absent. Carried.
Supervisor Rider moved, with a second by Councilperson Carpenter to adopt Resolution #2014-39.
Resolution #2014-39 Purchase of Lawn Mower
Enfield Town Board Regular Meeting, August 13, 2014 7
Whereas, the Cemetery Committee has recommended that the Town of Enfield purchase a
commercial grade zero turn lawn mower to simplify the maintenance of the Town of Enfield
maintained cemeteries, and other town uses, now therefore be it
Resolved, that the Enfield Town Board authorizes the supervisor to research, evaluate and purchase
a commercial grade zero turn lawn mower, in keeping with the Town of Enfield Policy 400.4 -
General Policy on Procurement as outlined in Appendix A of the Employee Handbook, not to
exceed $6,000; such equipment to be stored in Town of Enfield facilities.
Discussion: Supervisor Rider stated she has contacted 3 vendors that handle the desired lawn
mower, which is commercial grade. She has a firm price from Agway of $6,000, but is waiting to
hear from the other 2 vendors.
Supervisor Rider further stated there are currently three cemetery reserve accounts, but when the
funds are transferred to the Tompkins Trust Company they will no longer be named reserve because
they are not legal reserve accounts but merely savings accounts. She would like to consolidate the
funds into one account. There is a total of approximately $21,000 in these three accounts.
Since Supervisor Rider would like the new lawn mower to be used for mowing around the
Community Building, she would like the town to pay for a portion of the lawn mower and the
cemetery funds to pay for a portion.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson McGee aye,
Supervisor Rider aye. Councilperson Howe-Strait absent. Carried.
Disposing of Excess Town Properties:
Supervisor Rider stated she has talked to the town attorney and we have to have a buyer before a
sale can be pursued. She has found a buyer for the property across the road from the town hall -
John Rancich. She will ask Guy Krogh, town attorney, to start the process for selling this property.
Attorney Krogh has advised the supervisor the first step is to actually enter into an agreement to sell
the land or personal property, but make sure that the terms of sale ensure that the transfer is subject
to permissive referendum. Fair value of the property sold needs to be achieved. This is different
than fair market value. Adequate consideration may take the form of public benefits or services
rendered. She feels there will need to be a mandatory referendum on the November ballot and the
public will be informed of the benefit of selling this parcel.
Councilperson Carpenter asked if a price had been discussed with John Rancich. Supervisor Rider
stated he would be willing to allow a Park and Ride on the property for 40 years if he didn't pay the
town for the property. Supervisor Rider feels that is fair value as it is a lot of value to the
community.
Councilperson McGee feels the property is not useful to the town. Also, the maintenance of the
property will not fall to the town if it is purchased by John Rancich.
Sue Thompson asked what would happen to the old town hall which is now located on the property.
Supervisor Rider stated part of the contract with John Rancich would be the town is allowed three
years to obtain a grant to move the building to a new site.
Enfield Town Board Regular Meeting, August 13, 2014 8
The gravel pit sale has not been pursued yet, although Supervisor Rider stated an adjacent land
owner may be interested in the property. An appraiser may need to be hired to establish a fair value.
Councilperson McGee feels there should be an information session on selling these properties prior
to the referendum.
Supervisor Rider will check to see what date information is needed so the referendum can be on the
November 2014 ballot.
The old highway facility was discussed next. It appears the Enfield Volunteer Fire Company is not
interested in the building at this time.
Councilperson McGee stated she feels it is not in the best interest of taxpayers to put money into the
building and maybe someone else would be interested in purchasing the building. She feels this
should be pursued.
Councilperson Carpenter felt he would like to further negotiate with the fire company. He
suggested the town could pay to have a lease drawn up and address other concerns they might have.
Alan Teeter who is a member of the EVFC Board of Directors, stated there were a lot of small
issues that added up to the decision not to pursue a lease.
Supervisor Rider will discuss this further with the Enfield Volunteer Fire Company Board of
Directors and check with our attorney, Guy Krogh, on how precise information has to be for a
mandatory referendum.
Supervisor Rider stated if the building was leased, the town would want use of the north end of the
building for three years. Councilperson Bryant agreed with this. She feels it is not good for the
building to just sit there empty.
Councilperson McGee asked if the town board should sit down with the EVFC to discuss this issue.
If the EVFC is not interested at this time, the board would like to move forward and the issue
should be put on the ballot so the community can make a decision.
Alan Teeter felt the EVFC is not interested at this time, but if they were presented with a proposed
lease they might revisit the issue.
Audit of Town Books:
Councilperson McGee asked where the audit of town books stood. Supervisor Rider stated she has
not yet contacted the Office of the State Comptroller in Binghamton to get the process started.
Adjournment: Supervisor Rider moved, with a second by Councilperson Carpenter to adjourn at
9:10 p.m. Carried.
Respectfully submitted,
Alice Linton, Enfield Town Clerk