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HomeMy WebLinkAboutJuly-28-2021-Public-Hearing-and-Special-Town-Board-Meeting 1 Town of Enfield Public Hearing & Town Board Meeting Wednesday July 28, 2021 at 6:00 p.m. at the Enfield Town Courthouse and virtually via the Zoom Platform Present: Town Supervisor Stephanie Redmond, Town Councilperson Robert Lynch, Town Councilperson Jude Lemke, Town Clerk Mary Cornell Excused: Town Councilperson Bryant Absent: Town Councilperson Ricks Call to order - Supervisor Redmond 7:01 pm. Privilege of the floor: Marcus Gingerich a comment he is not sure what happened but he used to get notices from the Town but has not recently. He is torn with the presented laws, he understands the importance of needing more time, the problem comes in if you have a supervisor that is really not doing a good job, there is not option of removing them other than illegal activity. For a two-year term an incumbent is likely to still stay in office and will not be as challenging as someone who is looking to unseat an incumbent. He tends to lean towards a two-year term for safety’s sake. Supervisor Redmond stated that if this passed it would not take effect until after this general election. Marcus Gingerich then stated that he thinks that it should go before town residents. Councilperson Lynch spoke for former Town Clerk Ellen Woods at her request. It is a 4-part packet, and a copy was submitted to the Town Clerk. Ellen woods objects to the proposed local laws. Motion to close the public hearing. Supervisor Redmond closed the Public Hearing. 7:32 Special Town Board Meeting Supervisor Redmond opened the meeting at 7:32 pm. Present: Town Supervisor Stephanie Redmond, Councilperson Jude Lemke, Councilperson Robert Lynch, Town Clerk Mary Cornell. Excused: Town Councilperson Bryant. Absent: Town Councilperson James Ricks. Privilege of the Floor: Councilperson Lynch – Are all of the town employees vaccinated. Supervisor Redmond stated we are not allowed to ask if employees are not vaccinated. Councilperson Lynch may propose a vaccination resolution at the August meeting. Supervisor Redmond stated that vaccinated individuals may be equally vulnerable and we may move to require masks. Additions or changes to the Agenda: Councilperson Lynch do we want to consider setting a stage or public hearing on overriding the tax cap. Supervisor Redmond will look into it. Councilperson Lynch stated it is a formality and would like to set the hearing for either August or September. Supervisor Redmond would look into it and Councilperson Lynch stated we should vote in August to set it in September. Consent Agenda: General fund vouchers numbers 152-173 dated July 28, 2021 in the amount of $14,525.02 Highway fund vouchers numbered 113-114 dated July 28, 2021 in the amount of $449.32 2 Resolution #74 Local Law #1 Town Supervisor from 2-4 year term. Supervisor Redmond moved and Councilperson Lemke seconded. Discussion: Councilperson Lynch has some objections and would like to change some of the proposed verbiage for both the Local Law #1 and the Resolution. Councilperson Lynch proposed his changes. Councilperson Lynch motioned and Supervisor Redmond seconded the amended changes. Further discussion: Councilperson Lynch’s concerns tonight that the comments from the public had been underwhelming. One comment from a former Town Clerk and another from a resident. He thinks that the public does not care whether the Town Supervisors term should be more than two years. He states that there is not a lot of input or push to put it on the ballot. Supervisor Redmond stated that residents can weigh in on the choice at the ballot. As the language has changed for the law’s he is more optimistic. Supervisor Redmond stated that Virginia Bryant would vote for this to be on the ballot. Councilperson Lynch stated he has a problem with a 4 -year supervisor term with those when elected to office the only performance review is by the voter. By state law councilpersons only have that review every 4 years and with low voter turnout it may not be a represented view of how they vote. Councilperson Lemke can confirm that Virginia would be in support of these laws going on the ballot. Councilperson Bryant is adamant that with how long it takes to come up to speed that your term would be over when you started to get your feet under you. Per the comprehensive plan some residents would like it to be on the ballot. Councilperson Lynch does not want to be like the people in Washington and throw sand in the fixture. Local Law No. 1 Of the Year 2021 LOCAL LAW INCREASING THE TERM OF OFFICE OF THE TOWN SUPERVISOR FROM TWO (2) to FOUR (4) YEARS BE IT ENACTED: by the Town Board of the Town of Enfield, as follows: Section 1- Purpose: The purpose of this Local Law is to extend the term of the elected office of the Enfield Town Supervisor from two (2) to four (4) years. The Town Board believes an extended term will provide greater continuity to the office and thus believes the extended term is in the public’s best interest. Section 2- Statutory Authority: This Local Law is adopted pursuant to the provisions of the Municipal Home Rule Law Sections 10(1)(ii)(a) and 23 (2)(e) of the State of New York. Section 3- Increase in Term of Office: The term of office of the elected Town Supervisor shall be four years. Such four year term shall apply to the person elected in the next biennial General Election after January 1, 2022 provided a proposition submitted pursuant to Section 4 below is approved. Section 4- Mandatory Referendum: This Local Law is adopted subject to a Mandatory Referendum and shall be submitted for approval of the qualified voters of the Town of Enfield at the General Election to be held on November 2, 2021. A proposition in the following form shall 3 be included in the ballot at such General Election and the increased term of office shall not take effect until the next regular biennial General Election held after January 1, 2022, and only upon such proposition being approved by the majority vote of the qualified voters voting thereon. (Shall Local Law No. 1 of 2021 entitled “Local Law Increasing the Term of Office of the Town Supervisor from two (2) Years to four (4) Years” be approved?) Section 5- Supersession: This Local Law shall supersede Town Law §24 relating to the term of office for Town Supervisor of the Town of Enfield. Section 6- Effective Date: This Local Law shall become effective upon January 1, 2022 upon being filed in the office of the Secretary of State after approval by the qualified voters. Resolution #2021- 74 Move to Adopt Local Law #1 of 2021- “LOCAL LAW INCREASING THE TERM OF OFFICE OF THE TOWN SUPERVISOR FROM TWO (2) to FOUR (4) YEARS” On Motion of Supervisor Redmond Seconded by Councilperson Lemke WHEREAS, upon proper notice a Public Hearing was held on the 28th day of July, 2021, where all persons wishing to speak regarding proposed Local Law #1 of 2021 were heard by the Enfield Town Board, and WHEREAS, after consideration of all information presented and available, it is the determination of the Enfield Town Board that the Town will be best served by allowing the Town of Enfield’s electorate to decide whether to extend the term of the elected office of the Enfield Town Supervisor from two (2) to four (4) years upon referendum and approval by the electors of the Town of Enfield at the General Election on November 2, 2021. THEREFORE, BE IT RESOLVED, that the Enfield Town Board hereby enacts Local Law No. 1 of 2021, a Local Law increasing the term of the elected office of the Enfield Town Supervisor from two (2) to four (4) years. BE IT FURTHER RESOLVED, that said Local Law shall take effect immediately upon filing with the Secretary of State and after approval of a majority of the electors voting thereon, in accordance with the requirements of Municipal Home Rule Law §23, at the General Election on November 2, 2021. Such four year term shall apply to the person elected in the next biennial General Election after January 1, 2022 provided a proposition submitted pursuant to Section 4 below is approved. Duly put to a vote: EXCUSED Councilperson Virginia Bryant AYE Councilperson Robert Lynch ABSENT Councilperson James Ricks AYE Councilperson Jude Lemke AYE Town Supervisor Stephanie Redmond 4 Adoption of Local Law #1 -Carried. Resolution #75 Local Law #2 Town Highway Superintendent from 2-4 year term Supervisor Redmond moved and Councilperson Lemke seconded. Discussion: Discussion: Councilperson Lynch has some objections and would like to change some of the proposed verbiage for both the Local Law #2 and the Resolution. Councilperson Lynch proposed his changes. Councilperson Lynch motioned and Supervisor Redmond seconded the amended changes. Local Law No. 2 of the Year 2021 LOCAL LAW INCREASING THE TERM OF OFFICE OF THE TOWN HIGHWAY SUPERINTENDENT FROM TWO (2) YEARS to FOUR (4) YEARS BE IT ENACTED: by the Town Board of the Town of Enfield, as follows: Section 1- Purpose: The purpose of this Local Law is to extend the term of the elected office of the Enfield Town Highway Superintendent from two (2) to four (4) years. The Town Board recognizes that the Office of Town Highway Superintendent is an operational position within Town Government, not one of general legislative policy formulation. Since Highway Operational matters are by their nature less political in nature and may not require the frequency of voter affirmation and review as do those of some other Town Offices, the public may benefit from the greater permanence and continuity of a four-year Highway Superintendent’s position while still retaining their ultimate electoral control over the office. Section 2 - Statutory Authority: This Local Law is adopted pursuant to the provisions of the Municipal Home Rule Law Sections 10(1)(ii)(a) and 23 (2)(e) of the State of New York. Section 3- Increase in Term of Office: The term of office of the elected Town Highway Superintendent shall be four years. Such four year term shall apply to the person elected at the first regular biennial General Election after January 1, 2022 provided a proposition submitted pursuant to Section 4 below is approved. Section 4- Mandatory Referendum: This Local Law is adopted subject to a Mandatory Referendum and shall be submitted for approval of the qualified voters of the Town of Enfield at the General Election to be held on November 2, 2021. A proposition in the following form shall be included in the ballot at such General Election and the increased term of office shall not take effect until the next regular biennial General Election held after January 1, 2022, and only upon such proposition being approved by the majority vote of the qualified voters voting thereon. (Shall Local Law No. 2 of 2021 entitled “Local Law Increasing the Term of Office of the Town Highway Superintendent from two (2) Years to four (4) Years” be approved?) 5 Section 5- Supersession: This Local Law shall supersede Town Law §24 relating to the term of office for Town Highway Superintendent of the Town of Enfield. Section 6- Effective Date: This Local Law shall become effective on January 1, 2022 upon being filed in the office of the Secretary of State after approval by the qualified voters. Resolution #2021-75 Move to Adopt Local Law #2 of 2021- “LOCAL LAW INCREASING THE TERM OF OFFICE OF THE HIGHWAY SUPERINTENDENT FROM TWO (2) to FOUR (4) YEARS” On Motion of Supervisor Redmond Seconded by Councilperson Lemke WHEREAS, upon proper notice a Public Hearing was held on the 28th day of July, 2021, where all persons wishing to speak regarding proposed Local Law #2 of 2021 were heard by the Enfield Town Board, and WHEREAS, after consideration of all information presented and available, it is the determination of the Enfield Town Board that the Town will be best served by allowing the Town of Enfield’s electorate to decide whether to extend the term of the elected office of the Enfield Highway Superintendent from two (2) to four (4) years upon referendum and approval by the electors of the Town of Enfield at the General Election on November 2, 2021. THEREFORE, BE IT RESOLVED, that the Enfield Town Board hereby enacts Local Law No. 2 of 2021, a Local Law increasing the term of the elected office of the Enfield Highway Superintendent from two (2) to four (4) years. BE IT FURTHER RESOLVED, that said Local Law shall take effect immediately upon filing with the Secretary of State and after approval of a majority of the electors voting thereon, in accordance with the requirements of Municipal Home Rule Law §23, at the General Election on November 2, 2021. Such four year term shall apply to the person elected in the next biennial General Election after January 1, 2022 provided a proposition submitted pursuant to Section 4 below is approved. Duly put to a vote: EXCUSED Councilperson Virginia Bryant AYE Councilperson Robert Lynch ABSENT Councilperson James Ricks AYE Councilperson Jude Lemke AYE Town Supervisor Stephanie Redmond Adoption of Local Law #2 – CARRIED. Resolution #76 Local Law #3 Town Clerk from 2-4 year term. Supervisor Redmond moved and Councilperson Lemke seconded. 6 Discussion: Discussion: Councilperson Lynch has some objections and would like to change some of the proposed verbiage for both the Local Law #2 and the Resolution. Councilperson Lynch proposed his changes. Councilperson Lynch motioned and Supervisor Redmond seconded the amended changes. Local Law No. 3 of the Year 2021 LOCAL LAW INCREASING THE TERM OF OFFICE OF THE TOWN CLERK FROM TWO (2) YEARS to FOUR (4) YEARS BE IT ENACTED: by the Town Board of the Town of Enfield, as follows: Section 1- Purpose: The purpose of this Local Law is to extend the term of the elected office of the Enfield Town Clerk from two (2) to four (4) years. The Town Board recognizes that the Office of the Town Clerk may benefit from the greater permanence and continuity of a four-year Town Clerk’s position while still retaining the voters’ ultimate electoral control over the office. Section 2 - Statutory Authority: This Local Law is adopted pursuant to the provisions of the Municipal Home Rule Law Sections 10(1)(ii)(a) and 23 (2)(e) of the State of New York. Section 3- Increase in Term of Office: The term of office of the elected Town Clerk shall be four years. Such four year term shall apply to the person elected at the first regular biennial General Election after January 1, 2022 provided a proposition submitted pursuant to Section 4 below is approved. Section 4- Mandatory Referendum: This Local Law is adopted subject to a Mandatory Referendum and shall be submitted for approval of the qualified voters of the Town of Enfield at the General Election to be held on November 2, 2021. A proposition in the following form shall be included in the ballot at such General Election and the increased term of office shall not take effect until the next regular biennial General Election held after January 1, 2022, and only upon such proposition being approved by the majority vote of the qualified voters voting thereon. (Shall Local Law No. 3 of 2021 entitled “Local Law Increasing the Term of Office of the Town Clerk from two (2) Years to four (4) Years” be approved?) Section 5- Supersession: This Local Law shall supersede Town Law §24 relating to the term of office for Town Clerk of the Town of Enfield. Section 6- Effective Date: This Local Law shall become effective on January 1, 2022 upon being filed in the office of the Secretary of State after approval by the qualified voters. 7 Resolution #2021- 76 Move to Adopt Local Law #3 of 2021- “LOCAL LAW INCREASING THE TERM OF OFFICE OF THE TOWN CLERK FROM TWO (2) to FOUR (4) YEARS” On Motion of Supervisor Redmond Seconded by Councilperson Lemke WHEREAS, upon proper notice a Public Hearing was held on the 28th day of July, 2021, where all persons wishing to speak regarding proposed Local Law #3 of 2021 were heard by the Enfield Town Board, and WHEREAS, after consideration of all information presented and available, it is the determination of the Enfield Town Board that the Town will be best served by allowing the Town of Enfield’s electorate to decide whether to extend the term of the elected office of the Enfield Town Clerk from two (2) to four (4) years upon referendum and approval by the electors of the Town of Enfield at the General Election on November 2, 2021. THEREFORE, BE IT RESOLVED, that the Enfield Town Board hereby enacts Local Law No. 3 of 2021, a Local Law increasing the term of the elected office of the Enfield Town Clerk from two (2) to four (4) years. BE IT FURTHER RESOLVED, that said Local Law shall take effect immediately upon filing with the Secretary of State and after approval of a majority of the electors voting thereon, in accordance with the requirements of Municipal Home Rule Law §23, at the General Election on November 2, 2021. Such four year term shall apply to the person elected in the next biennial General Election after January 1, 2022 provided a proposition submitted pursuant to Section 4 below is approved. Duly put to a vote: EXCUSED Councilperson Virginia Bryant AYE Councilperson Robert Lynch ABSENT Councilperson James Ricks AYE Councilperson Jude Lemke AYE Town Supervisor Stephanie Redmond Adoption of Local Law #3 – CARRIED Announcements: Councilperson Lynch - his cat is missing. If you see a stray tiger striped cat let him know. Nikki has been missing for two weeks. Event this Sunday an Open House and Ribbon Cutting. Louellas space at the old Stella’s barn 1348 Elmira Rd. 1:30-5:30. Highway Superintendent Rollins. Financing of the New Town Truck, he hadn’t heard anything. Will the board be willing to discuss it? The Town Board needs to allow the Highway Superintendent to finance the truck. There are several trucks on state bid. Councilperson Lynch - Why is the choice a Western Star and is this truck more of what we want? Superintendent Rollins we looked at the counties trucks and several local towns which have bought some new trucks recently. This truck has a cummings engine and there is an engine shop in Horseheads. The Western Star is in the middle and comparing this to the international. An International does not offer a cummings motor. The international motors do not have a good reputation. Councilperson Lynch stated the Highway Superintendent Rollins is making a wise decision. What is the advantage of locking it in now? There is a year lead time on a truck, in order to replace it for next year we 8 have to order it now. It will be delivered either this time next year or later depending on how far behind they are. Councilperson Lynch asked if this truck is part of the capital plan? Yes, it is. What kind of down payment is required? No down payment is required. Councilperson Lemke moved and Councilperson Lynch seconded a motion to authorize the purchase of the truck by Highway Superintendent Rollins and that Supervisor Redmond can sign the financing to purchase the 2023 Western Star 10-wheeler truck for the highway department. Councilperson Lynch Aye, Councilperson Lemke Aye, Supervisor Redmond Aye, Carried. Motion to adjourn - Councilperson Lemke motioned and Councilperson Lynch seconded. Adjourned 8:32 pm. Respectfully Submitted, Mary Cornell Town clerk