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HomeMy WebLinkAbout11-14-18 Regular Meeting Town of Enfield Regular Town Board Meeting Enfield Community Building Wednesday, November 14, 2018 6:30 p.m. Present: Town Supervisor Beth McGee, Town Councilperson Virginia Bryant , Town Councilperson Mike Carpenter, Town Councilperson Mimi Mehaffey, Town Councilperson Becky Sims, Town Clerk Alice Linton Town Clerk Linton lead the assemblage in the Pledge of Allegiance to the Flag at 6:40 p.m. Additions and Removals from the Agenda: Supervisor McGee asked if anyone would like an item added to or removed from the agenda. She added two budget amendments under the Consent Agenda, a discussion on moratorium extension, discussion on whether funds should go into reserve to pay off the excavator after the budget discussion is complete, and a discussion regarding Medicare insurance at the end of Old Business. Privilege of the Floor: No one wished to speak. Correspondence: Letter from the NYS Department of Public Service asking for help in their education and outreach effort by having brochures available on issues such as how to take simple, low-cost energy savings measures to reduce energy use, what to do if utility service is interrupted and rights and protections of electric and natural gas customers. Invitation from SPCA to their Holiday Sweater Party to be held December 9, 2018 from 2:00-4:00 p.m. A second check for mortgage tax in the amount of $17,255, which brings the yearly total to about $5,000 more than budgeted. Annual meeting notice from the Association of Towns. Monthly Reports: County Legislator Report: Dave McKenna reported the county passed their budget and capital plan. Some new items were added and the solid waste fee was increased from $55 to $58 per year. The county accepted a $27,000 grant from NYSERDA for charging stations for electric vehicles. The paving of the county part of Black Oak Road will not be completed until the spring of 2019. Highway Superintendent's Report: No report. Code Enforcement Officer's Report: Alan Teeter, Code Officer, reported he issued 5 building permits in October. Work on his daughter’s house is complete and the Code Officer who issued the building permit signed off. This home qualified as an Energy Star Home. The owner of a home on Mecklenburg Road that suffered damage from a motor vehicle accident plans to repair the house. Alan met with Norm Smith about completing the downstairs bathroom at the Community Building. The trailer park on Applegate Road has a party interested in purchasing it. Alan would like to purchase plaquards for abandoned houses – they would be red signs that warn firefighters that the building is unsafe to enter. The cost would be about $20 each. Enfield Volunteer Fire Company: Alan Teeter, 2nd Assistant Chief, reported there were 25 calls in October. There were 21 EMS calls, 1 service call, 1 fire alarm and 2 fire calls. The next officer’s meeting will be held December 4 and a blood drive will be held November 20. Town Clerk's Report: Alice Linton, Town Clerk, reported material from the vault continues to be scanned and put on the laser fiche site, notary public services have become very popular lately and more hunting Enfield Town Board Regular Meeting, November 14, 2018 2 licenses have been sold than usual. It appears that putting information on the new sign outside town hall has been helpful, such as a reminder that hunting licenses can be purchased at town hall. Supervisor's Report: Supervisor McGee reported she cleaned the Community Building upstairs and downstairs two times; continued working on painting projects for the Community Building; prepped and held two budget meetings; researched sexual harassment law changes and policies; coordinated maintenance for all heating appliances in town buildings; organized direct deposit for CHIPS payments; attended a TCCOG meeting; met with insurance agent to discuss the renewal of town property/liability policies; researched health insurance policy history; held a Comprehensive Plan meeting; completed budget preparations at Town Board request. Planning Board: Planning Board Chair Dan Walker reported the Board met last week but there were no reviewable actions in front of them. There was no reported activity on the Delaware Solar project. The Board reviewed the sub-division regulations and felt numbers were needed for a minimum lot size. Committee Reports: Comprehensive Plan Writing Committee: Supervisor McGee reported the Committee met and is gathering data charts and figuring out how to display information. They are done with information gathering. There is still about $3,400 in budgeted funds left for a Planner. Supervisor McGee would like to encumber these funds and use them to finish the project. In the 2019 proposed budget there is a line with $1,000 for someone to format and finalize the Comprehensive Plan. She has the names of several who have been recommended by Matt Johnston to do this. She asked if the Town Board would like to review the Plan before or after the formatting is complete. Councilperson Mehaffey suggested having the unformatted Plan available for a set number of days and then format it into the final form for the Board to again review. Supervisor McGee feels the Plan will be ready for review by the Town Board and Planning Board by December 15. Councilperson Carpenter felt if there were comments from either Board there might need to be some discussion time. Finance Committee: Supervisor McGee reported the Committee plans to meet in December. Renewable Energy Advisory Committee: Councilperson Carpenter reported he worked with Code Officer Alan Teeter and they feel they will be able to keep the old permit format. Councilperson Mehaffey stated Jude Lemke, member of the Committee, talked with Town Attorney Guy Krogh and will put his suggested changes together and e-mail to the Town Board. The draft will include flow charts and an application form. Supervisor McGee asked the Board if they would like to extend the moratorium on large scale solar and wind facilities beyond December 31, 2018, the date it will expire. Councilperson Carpenter stated he would like to extend the moratorium. Councilperson Mehaffey stated she would also like to extend the moratorium. Councilperson Carpenter moved, with a second by Councilperson Mehaffey to extend the existing moratorium on large scale solar and wind facilities, with all the existing caveats, for eight months beyond the current expiration date of December 31, 2018, with a public hearing to be scheduled for 6:30 p.m. at the regular December 12 Town Board meeting. Discussion: Councilperson Mehaffey stated PILOT and Host Agreements still need to be drafted to work with the proposed laws. Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Mehaffey aye, Councilperson Sims aye, Supervisor McGee aye. Carried Supervisor McGee will ask Town Attorney Guy Krogh to prepare a legal notice to be published in the Ithaca Journal for the public hearing, a Local Law and Resolution. Enfield Town Board Regular Meeting, November 14, 2018 3 Consent Agenda: Supervisor McGee moved, with a second by Councilperson Bryant to approve the Consent Agenda as follows: Audit Claims: The Town Board authorizes the Supervisor to pay: General Fund Vouchers #238 to 268 dated November 14, 2018, 2018 in the amount of $15,219.93 and Highway Fund Vouchers #223 to 248 dated November 14, 2018 in the amount of $76,984.52. Approval of Minutes of October 3, 2018 Special Meeting, October 10, 2018 Regular Meeting and Public Hearings, October 15, 2018 and October 30, 2018 Special Meetings Resolution #2018-46 The Town of Enfield Recommends that the Tompkins County Legislature Enact a Local Law to Protect and Enhance its Natural Environment by Banning the Distribution of Single-use Carry-out Plastic Bags in Retail Stores WHEREAS, more than 100 billion single-use plastic bags are used and disposed of annually in America, which equals about 307 bags per person per year (1), and WHEREAS, even though a 2009 New York State law requires large businesses to provide consumers with plastic bag recycling receptacles, less than one percent of plastic bags are recycled (2), and WHEREAS, improper disposal results in plastic bags becoming litter on our streets, parks, and beaches, clogging our storm drains and sewers, and degrading into our soils and waterways, and WHEREAS, plastic bags that are blown or washed into our rivers, waterfalls, and lakes may threaten the lives of avian and marine species through entanglement, choking, or by toxicity, and WHEREAS, plastic bags that are land-filled take about 1,000 years to biodegrade (3), while those that remain in the environment as litter photo-degrade in about a year into micro particles that may be consumed by wildlife thus diminishing and contaminating a part of our food chain (4), and WHEREAS, a 2018 study found that 93% of bottled water, from 11 major brands sold across the world, contains particles of plastic (5), and WHEREAS, plastic bags must be screened out of yard waste collections, have contaminated food scrap composting facilities, and have jammed the mechanical parts of recycling balers and sewage treatment systems, and WHEREAS, the impacts of plastic bag use and pollution have ignited a global movement to dramatically reduce the amount of disposable plastic bags distributed, and WHEREAS, the state of California and Puerto Rico, along with more than 200 cities, towns, and counties across the United States, and more than 15 municipalities in New York State have legislation limiting the free distribution of single use plastic bags (6), and WHEREAS, the Town of Enfield is committed to protecting our natural environment through conservation efforts such as the reduction of plastic manufacturing and reduction of disposal of such single-use products, now therefore be it, RESOLVED, that the Town of Enfield recommends that the Tompkins County Legislature enact a local law with their legal authority pursuant to New York State Municipal Home Rule Law (Sec.10(1)(ii)(a)(11)), banning the distribution of single-use carry-out plastic bags in retail stores as an efficient and cost effective measure to address the issues of plastic litter, soil and water pollution, and micro-plastic contamination, and further Enfield Town Board Regular Meeting, November 14, 2018 4 RESOLVED, that the Town of Enfield recommends that retailers be required to charge a $0.10 fee, which they may retain, for recyclable paper bags provided for carry-out purposes, and further RESOLVED, that a copy of this resolution be sent to the members of the Tompkins County Legislature. Sources: 1- Earthday Network https://www.earthday.org/2018/03/29/fact-sheet-single-use-plastics/#_ftn6 2- NY DEC https://www.dec.ny.gov/chemical/50058.html 3- Waste Management Northwest http://www.wmnorthwest.com/guidelines/plasticvspaper.htm 4- NOAA Sea Grant https://seagrant.noaa.gov/News/Article/ArtMID/1660/ArticleID/251/The-Global- Plastic-Breakdown-How-Microplastics-Are-Shredding-Ocean-Health 5- CBC news https://orbmedia.org/stories/plus-plastic/ 6- BagLaws.org http://www.baglaws.com/legislation.php?state=New+York Resolution #2018-47 Authorizing Supervisor to Sign Proposal from Municipal Solutions WHEREAS the Town of Enfield has engaged with Municipal Solutions for guidance with municipal bonds, such as for the Enfield Highway Department building, and; WHEREAS complicated filings with the SEC are required from time to time for these bonds, and; WHEREAS Municipal Solutions has the expertise to complete these filings for the Town as needed and to provide other services upon request, and has sent a proposal to provide these services, therefore be it; RESOLVED the Town Board authorizes the Supervisor to sign the proposal from Municipal Solutions for these services, payable upon the filing of these instruments as necessary. Resolution #2018-48 Authorizing the Supervisor to Sign the Comp Alliance Membership Participation Agreement WHEREAS the Town of Enfield obtains Worker’s Compensation benefits through the New York State Municipal Workers’ Compensation Alliance, and; WHEREAS the renewal of the agreement with the Comp Alliance has been sent to the Town, therefore be it RESOLVED, the Town Board authorizes the Supervisor to sign the Membership Participation Agreement renewal. Resolution #2018-49 2019 Agreement for Legal Representation with Guy Krogh, Esq. WHEREAS the Town of Enfield has need of an attorney, and waives the requirement that the Town attorney be a resident, and; WHEREAS attorney Guy Krogh, Esq. has provided a renewal agreement for his legal services at a rate of $225.00 per hour, and; WHEREAS the Town Board is satisfied with Guy Krogh’s legal counsel for the Town, therefore be it; RESOLVED, the Town Board authorizes the Supervisor to sign the agreement for legal counsel provided by Guy Krogh for 2019. Enfield Town Board Regular Meeting, November 14, 2018 5 Budget Amendment #2018-13 Move Funds for Cemetery Personal Services WHEREAS payroll for cemetery maintenance has exceeded the amount anticipated for work this year, therefore be it RESOLVED, the Town Board authorizes the Supervisor to decrease line A1990.4, “Contingent Account” by $400.00 and increase line A8810.1, “Cemeteries-Personal Services” by $400.00. Budget Amendment #2018-14 Move Funds for Cemeteries Contractual WHEREAS burial services and excavation were necessary for a funeral in Rolfe Cemetery in September, exceeding the amount budgeted for these services, therefore be it RESOLVED, the Town Board authorizes the Supervisor to decrease line A1990.4, “Contingent Account” by $521.47 and increase line A8810.4, “Cemeteries-Contractual” by $521.47. Budget Amendment #2018-15 Move Funds for Office Supplies WHEREAS, a purchase for office supplies was placed against an incorrect line in a previous abstract, therefore be it RESOLVED, the Town Board authorizes the Supervisor to decrease line A1410.4, “Town Clerk- Contractual” by $167.25 and increase line A1410.2, “Town Clerk-Equipment” by $167.25. Budget Amendment #2018-16 Move Funds for Diesel and Gas WHEREAS the expenses for Diesel and Gas have exceeded the amount budgeted, therefore be it RESOLVED, the Town Board authorizes the Supervisor to decrease line DA5142.4, “Snow Removal- Contractual” by $7000.00 and increase line DA5130.45, “Diesel and Gas Fuel” by $7000.00. Budget Amendment #2018-17 Move Funds for Municipal Dues WHEREAS the expenses for Municipal Dues have exceeded the amount budgeted, therefore be it RESOLVED, the Town Board authorizes the Supervisor to decrease line A1990.4, “Contingent” by $99.00 and increase line A1920.4, “Municipal Dues” by $99.00. Vote on Consent Agenda: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Mehaffey aye, Councilperson Sims aye, Supervisor McGee aye. Carried Old Business: Budget: Supervisor McGee moved, with a second by Councilperson Bryant, to move the 2019 preliminary budget to the 2019 final budget with the following changes: • Added $200.00 to a new line under Highway Building Bond A9710.8 for SEC Filing Fees to Municipal Solutions • Changed Disability under A Fund to $50.00 from $600.00 because only one employee is covered under that fund and the total for them is less than $50.00 • Changed Unassigned fund balance of $10,000 from budget summary of Highway Fund to $0.00 • Changed Unassigned fund balance of $20,000 from budget summary of General Fund to $10,000.00 • Cut Town Board Training (Contractual) by $1,000.00 to $2,000.00 Enfield Town Board Regular Meeting, November 14, 2018 6 • Removed $15,000 from Highway Contractual-from $200,000 to $185,000 • Added line A1030 Omitted Tax for $625 under Town Revenue. This is money the town will receive as a result of property that changes hands that had exemptions with the prior owners, but none with the new owners. It was recommended by the Office of State Comptroller that we check this each year with the Assessment office and that we can expect it as Revenue. The Town will get it. If the new property owner doesn’t pay it, the County has already made us whole and they must collect from the property owner. • Added $102,500 to the Highway Equipment Reserve to pay off the excavator in January 2019. • Removed $10,000 from the Interfund Transfer to Building Reserve line A9950.9. • Removed line DA9710.6 in the amount of $46,366.55 and line DA9710.7 in the amount of $4,882.69. Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Mehaffey aye, Councilperson Sims aye, Supervisor McGee aye. Carried Supervisor McGee moved, with a second by Councilperson Sims to adopt the 2019 final budget. Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Mehaffey aye, Councilperson Sims aye, Supervisor McGee aye. Carried Councilperson Sims moved, with a second by Supervisor McGee to adopt Resolution #2018-50. Resolution #2018-50 Authorizing the Supervisor to Pay Off the 2018 Volvo Excavator WHEREAS, the Town of Enfield purchased a 2018 Volvo Excavator in August of 2018 under a purchase contract, and; WHEREAS, the Town Board has determined during its budget discussions that paying off this equipment sooner would benefit the Town by thousands of dollars in interest savings, and; WHEREAS, The Town Board has appropriated funds in the 2019 budget Highway Equipment Reserve fund to pay off this equipment early, therefore be it RESOLVED, the Town Board authorizes the Supervisor to pay off the 2018 Excavator by January 31st, 2019 by wire transfer or by check to KS State Bank, in the amount of $239,090.26 or lesser amount as determined by KS State Bank prior to the payoff date. Discussion: Supervisor McGee stated she would follow-up on what type of installment loan this was to make sure the actual payoff is $8,000 above the original amount, considering the loan was held for less than six months. Budget Discussion: Councilperson Mehaffey stated many Enfield residents use the local food pantry and over 70% of students at Enfield Elementary School qualify for free or reduced meals. She didn’t base her budget decisions just on people verbalizing, but what she sees happening in the community. Supervisor McGee stated she feels the highway budget is low and it will be difficult to provide needed services. The Enfield Highway Department saves the Town thousands of dollars each year. She urged Town Board members to go to the highway department and see what they do. Highway Superintendent Rollins is given a budget and he stays within it and saves the Town a lot of money. He looks for the most efficient and cost-effective way to do things. Councilperson Mehaffey stated she feels Highway Superintendent Rollins does a good job and doesn’t feel he is under budgeted. Enfield needs the same equipment as towns with more road miles. Enfield Town Board Regular Meeting, November 14, 2018 7 Councilperson Sims would like to see the Town utilize more shared services, especially with equipment. Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Mehaffey aye, Councilperson Sims aye, Supervisor McGee aye. Carried Clean Energy Communities Grant Update: Supervisor McGee stated the Town received a contract, but she and Councilperson Carpenter had questions about it. The time line is flexible, but payment is not. The contract requires 25% up front and the final payment at the end. The time line starts once the contract is finalized. Once started, it’s a matter of a couple of months. Payment will be received digitally. Councilperson Mehaffey stated it appears the first step is to put together an RFP. Councilperson Carpenter felt the Board needs to take into consideration where the panels will be placed and who will be asked to bid. Supervisor McGee will e-mail information so the Board can determine the course forward for the December meeting. Solar Law Update: An update was provided under the Renewable Energy Advisor Committee report. Contract Update with Enfield Volunteer Fire Company (EVFC): Supervisor McGee stated the contract is ready for a public hearing. Supervisor McGee moved, with a second by Councilperson Bryant to set a public hearing for December 12, 2018 at 6:30 for the two-year contract between the Town of Enfield and the Enfield Volunteer Fire Company. Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Mehaffey aye, Councilperson Sims aye, Supervisor McGee aye. Carried Community Building Renovation: Supervisor McGee reported Alan Teeter is working with Norm Smith to make a plan for the handicap accessible bathroom with remaining grant funds. The grant funds should cover all the materials, but approximately another $2,000 will be needed to pay for installation expenses. Supervisor McGee moved, with a second by Councilperson Bryant to authorize a budget not to exceed $2,000 for Norm Smith to install a handicap accessible bathroom in the downstairs of the Community Building. Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Mehaffey aye, Councilperson Sims aye, Supervisor McGee aye. Carried Medicare Supplement Plan: Supervisor McGee moved, with a second by Councilperson Sims to adopt Resolution #2018-51. Resolution #2018-51 Rescind Resolution #2018-40 and Affirm Resolution #2007-16 Participation in Medicare Supplement Plan WHEREAS, Enfield Town Policy #807 states the Town will provide insurance throughout retirement for employees who retire according to the stipulations of the policy, and WHEREAS, the Town Board approved offering the Consortium Medicare Supplement plan effective January 1, 2019 in Resolution #2018-40 on September 12, 2018, and; WHEREAS, upon further exploration of Enfield Town Policy, it has become clear that the Town Board resolved on May 9, 2007 that the Town would provide Excellus BC/BS Medicare Blue PPO for retirees aged 65 and older, and; Enfield Town Board Regular Meeting, November 14, 2018 8 WHEREAS, the practice of the Town has been to provide the Excellus BC/BC Medicare Blue PPO plan for current retirees over aged 65, therefore be it RESOLVED, the Town Board hereby rescinds Resolution #2018-40 approving participation in the Greater Tompkins County Municipal Health Insurance Consortium Medicare Supplement plan, and further RESOLVED, the Town Board re-affirms the policy change set forth in Resolution #2007-16 that designates the provision of Excellus BC/BS Medicare Blue PPO for retirees aged 65 and older by the Town, and will be effective beginning February 1, 2019, providing all paperwork can be completed for enrollment in that time. Further RESOLVED, retirees and employees will be notified of this benefit by December 1, 2018 to comply with a two-month notification requirement in Enfield Town Policy #807. Further RESOLVED, Town Policy #807, Medical Insurance for Retirees is amended as follows: Supplemental Medicare Policy- The Town of Enfield will provide Excellus BC/BS Medicare Blue PPO- Plan Three supplemental insurance, or comparable plan, as determined by the Town Board, for retirees age 65 and older. Such provision of insurance will cease upon the death of the retiree. The Town Board may, through resolution and in compliance with applicable insurance plan documents, modify or eliminate this reimbursement for any retiree. The Town Board will provide a two-month written notice of such change. Discussion: Supervisor McGee stated a presentation at the Association of Towns Annual Meeting recommended Towns utilize Medicare Supplement plans to decrease cost and potentially increase benefits for Medicare eligible retirees. The Town may also not have to pay additionally for dental insurance as dental is likely covered under the BC/BS Medicare Supplement plan. Town payments will go from $657 per month to $155 per month. Councilperson Mehaffey has been asked to sit in during meeting with retirees to explain this new program. Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Mehaffey aye, Councilperson Sims aye, Supervisor McGee aye. Carried New Business: Sexual Harassment Policy/Procedures: Councilperson Mehaffey suggested adopting a policy similar to New York State policy. Supervisor McGee moved, with a second by Councilperson Bryant to have Town Attorney Guy Krogh or his assistant prepare a Town Policy as close to the New York State Policy as possible, with a complaint form. Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Mehaffey aye, Councilperson Sims aye, Supervisor McGee aye. Carried Highway Bond Evaluation: Supervisor McGee reported refinancing the highway bond would not be viable at this time, as the $16,000 savings would be eaten up by fees. Workplace Violence Training Dates: Supervisor McGee stated the Town of Dryden has an upcoming training that the Town of Enfield has been invited to attend. She will also plan to provide a training using on-line videos at the next Enfield Planning Board meeting on the first Wednesday of December at 7:00 p.m. Encumbrance of Funds from 2018 Budget: Supervisor McGee will prepare a list of items for the December meeting which will likely include salary for a Town Planner, completion of the Community Building bathroom and a heat pump for Town Hall. There should be approximately $20,000 left in the Enfield Town Board Regular Meeting, November 14, 2018 9 General Fund which could be earmarked for energy upgrades. She also suggested tables and chairs for downstairs in the Community Building could be purchased for around $1,500. County Legislator Dave McKenna reminded the Board there are park grants available of up to $5,000 for towns. He suggested putting in a request early. One possible use of these funds could be for a community garden. Privilege of the Floor: No one wished to speak. Announcements: Supervisor McGee announced she would be out of town for the Thanksgiving Holiday. Adjournment: Supervisor McGee adjourned the meeting at 9:45 p.m. Respectfully submitted, Alice M. Linton, RMC Enfield Town Clerk