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HomeMy WebLinkAboutnewsletter 2004 FallENFIELD TOWN NEWS FALL 2004 Community Involvement :zonth der,the Enfield Town Board meetings held on the 2`' Weduesdav of each starting at 7:00 p.m• in the Communitv Buildinn. Please join us! Meetings of the Town Board � t the July 14'k meeting several residents from Van Dom and Gray Roads attended. r learning that other neighborhood residence attended a previous Town Board meeting to complain about noise in the area, they asked for clarification on procedures that would be involved if the Town were to take steps to adopt a noise ordinance. Other topics included the appointment of Amy Lynch [pg. 31 as Dog Enumerator, a tire collection day [pg. 51, and Town Court's confirmation of a SARA grant for $1,247 for records' maintenance which must be completed by June 2005. Several resolutions were adopted relating to the Town's Policies and Procedures Manual, and the vandalism of the Code Enforcement vehicle was reported. At the August I Ith meeting, an open public hearing was held to consider The Society for the Prevention of Cruelty to Animals (S.P.C.A.)4-year contract for dog control in Enfield [pg. 71, the approval of the purchase of anti -virus software for Town computers, and several resolutions and budget amendments were acted upon. At the August 19' Snecial Town Board meeting, the Enfield Community Council's 3-year contract was reviewed and considered with some minor changes. [pg. 7.) Supervisor Fisher was to go over these changes with a Community Council representative. An Open public hearing was scheduled for the September 8" Town Board meeting to consider the proposed contract At the Sentember 8" meeting, an open public hearing was held to consider the Enfield Community Council's 3-year contract. Vice President Carol Givin was available to answer any questions. Amy Bonn gave a brief United Way of Tompkins County overview. Other topics included departmental and committee updates, the Board's approval of an agreement to allow the Highway Department to use Capital Highway Improvement Program Funds towards work being accomplished on Aiken Road, approval of budget amendments, discussions of NYS Retirement Payment and Unemployment Insurance reserve fiords, and a budget workshop for board members. County Legislators' Report eter Penniman reported at the July 10 Town Board meeting that the fiscal year is looking a little better than it has for the last couple of years. For the next two years, the County has set a goal of only increasing spending by 3% per year, which for most people, will represent a reduction in tax rates because of assessments being up more than that around the county. Sales -tax revenue was up 10% and the state budget is uncertain. The County is trying to work with the state on a cooperative network for an Emergency Radio System. . Dan Winch reported at the August 11" Town Board meeting that the County Administrator was charged with reviewing department budgets and sending a budget proposal to the legislators who are now responsible for reviewing all department budgets, one department at a time and asking staff to justify their needs. Jail expansion is an issue. A 2 Meetings * Services Information * Notices number of County employees have been reduced over the last four -to -five years. Some programs are hurting because of it. Winch sits on the Facility and lnfiasbucture Committee and reports that he is personally concerned about the shape of County roads. Funding for road and bridge infiastructure has not been enough to maintain our roads. Approximately S418,000 earmarked for road repairs this year has been cancelled due to cost increases of materials and products. Town Court/Justices Report assi=ces Betty Poole and James Vatricehio, with ce from the NYS Unified Courts System, would like to inform the Enfield community about the Small Claims Court, how to use the system and how to start a claim. The Small Claims Court is an informal court where a person or business can sue for monetary damages only, up to $3,000, without a lawyer. An individual or business cannot sue in Small Claims Court to compel a person or business to repair damages. A person may also sue for money damages arising out of false advertising or deceptive practices but cannot sue to require the performance of the act promised in an advertisement. Anyone 18 years of age can bring an action in Small Claims Court. If younger than 18, a parent or guardian may file on their behalf. Corporations, partnerships, associations or assignees cannot sue but can be sued in Small Claims Court. If you are presenting or filing the action, then you are the claimant or plaintiff. If you are being sued, then you are the defendant or respondent. If you choose, you can be represented by an attorney at your own expense but it is not necessary. The Small Claims Court is meant to be a "people's court" where claims may be tried speedily, informally, and inexpensively. The town court clerks can assist you with the procedures for bringing a small claim. However, you first must file a statement of your claim, called a notice of claim/complaint which is a brief statement of the facts that form the basis of your claim. You must bring the action in the court in which the defendant lives, works or has a place of business. You will be required to pay a filing fee of $10.00 if your claim is for $1,000 or less and $15.00 if your claim is more than $1,000. When the claim is filed, the clerk will tell you when your case will be heard The clerk will then send the notice of claim to the defendant by both certified mail and ordinary first- class mail. The notice of claim tells the defendant when the case is scheduled to be heard, gives a brief statement of your claim and the amount of money you are seeking. If the claim sent by ordinary mail has not been returned as undeliverable within 21 days, the defendant is presumed to have been served even if the claim sent by certified mail has not been returned. If the defendant feels he/she has a claim against you, he/she may file a counterclaim in the same case for up to $3,000 in money damages. The defendant must show up in court prepared to prove the counterclaim. The claimant has the right to reply to the counterclaim. The defendant should file his/her counterclaim with the court prior to the court heating date but has until the hearing date to do so for a filing fee of $3.00 plus the cost of mailing the counterclaim to the claimant. If filed at the time of the hearing, the judge may either proceed or adjourn the hearing date. At the time of the hearing, you should be prepared to try both your own case and the counterclaim. On the trial date, you should be prepared to present or defend your case before the judge by gathering all evidence necessary, including photographs, written agreements, itemized bills or invoices, written estimates of the cost of the service or repairs, receipts, canceled checks and correspondence. If you are relying on estimates to prove your case, you need to submit at least two different written itemized estimates. Merchandise that is in dispute should be brought to court. Testimony from someone who witnessed your transaction, an expert witness or yourself is also evidence. 3 Meetings * Services Once in Court, the claimant presents his/her case first after being sworn in. All papers and evidence should be shown at this time. When the claimant is finished presenting his/her case, the judge or defendant may ask questions of clarification. After this, the defendant has the opportunity to present his/her case and related evidence after being sworn in. The judge and claimant will then be able to ask questions of the defendant and his/her witnesses. After all of the evidence and testimony has been presented, the judge will consider the matter and render a decision. The decision will be mailed to the parties within 30 days of the hearing. In some cases, the decision may be announced immediately after the trial. If the claimant is late to court to present his/her case, the case can be dismissed. If the defendant is late, a default judgment may be granted in favor of the claimant. Whenever possible, parties to an action should try to settle their differences prior to court and if it has been settled, the clerk should be notified. No appearance will be necessary by either party in court if the case has been settled. If the judge's decision was not in your favor, you may appeal the decision. If you elect to appeal, a notice of appeal needs to be filed and the required fee paid within 30 days after the decision was entered. If the claimant wins his/her case, the court will enter a money judgment. A "Guide to Small Claims Court" can be obtained at the Town Court office, free of charge. For further information on Small Claims or other court related matters, contact the Enfield Town Court at 273-0363. Dog Enumerator Report Amy Lynch was hired on July 19, 2004 by the Town of 40 Enfield as the Town's Dog Enumerator to take a dog census count. Information * Notices Her work is nearly completed and she estimates that Enfield has approximately 700 dogs. She found that a lot of residents didn't know that their dog(s) had to be licensed. Dogs are requited to be liNN9 every ye9. Town of Enfield Dog Control Law - Local Law No. 2 of the Year 2000 BE IT ENACTED, by the Town Board of the Town of Enfield as follows: This law is adopted pursuant to Article 7 of the Agriculture and Markets Law of the State of New York. SECTION 1. PURPOSE. The purpose of the law is to promote the public health, safety, and welfare of the community, including the protection and preservation of the property within the Town of Enfield and its inhabitants, and for the peace and good order therein by regulating and controlling activities of dogs within the Town of Enfield and providing for enforcement thereof. SECTION 2. PROHIBITED ACTS. Any owner of a dog or any other person who harbors any dog in the Town of Enfield shall be in violation of this law if such dog: A. Is not restrained by an adequate collar and leash or under full control of a responsible person, when not on the property of the owner, or any other person harboring or having custody or control of the dog. B. Engage in habitual loud howling or barking. C. Causes damage or destruction to property, or repeatedly defecates, urinates or otherwise commits a nuisance other than on the premises of the person owning or harboring such dog. D. When not on the property of the owner, chases or otherwise harasses any person in such a manner as reasonable to cause intimidation or put such person in reasonable apprehension of bodily harm or injury. E. When not on the property of the owner chases, barks at, leaps on or otherwise harasses any bicycle, motorcycle, motor wagon, carriage or 4 Meetings * Services Information * Notices any other vehicle or device used by persons for travel or as a conveyance, or any riders or occupants thereof, or any horses or animal including any rider thereon, or any cat, dog, or domestic animal. F. If it is not wearing a valid and current New York State dog license while off the owners property, whether or not restrained by an adequate collar and leash. G. Is unlicensed when six months of age or older or when a dog license has not been renewed pursuant to the Agriculture and Markets Law, Article 7. SECTION 3. ENFORCEMENT. Any person or persons, who are or may be lawfully authorized by the Town shall, and all peace officers may, administer and enforce the provisions of this Law, and for such purpose shall have the authority to issue appearance tickets in accordance with Section 126 of the Agriculture and Markets Law. SECTION 4. FILING OF COMPLAINTS. Any person who observes a dog in violation of any acts prohibited by this Law may file a signed complaint, under oath, with a Town Justice of the Town of Enfield specifying the objectionable conduct of the dog, the date thereof, the damage caused or the acts constituting violation of this Law and including the place or places where such conduct occurred and the name and residence, if known, of the owner or other person harboring such dog. SECTION 5. MINOR OWNER: RESPONSIBILITY OF HEAD OF HOUSEHOLD If any dog in violation of this Law is owned by a person under 18 years of age, the head of household in which said person resides shall be deemed to be the owner or person harboring such dog and shall be responsible for the acts of said dog for the purpose of this Law. SECTION 6. PRESUMPTION. The fact that a dog is not restrained or controlled in the Town of Enfield elsewhere than on the premises of the owner or person harboring such dog shall be presumptive evidence that the dog has been permitted to be unrestrained or uncontrolled with the knowledge of the owner or person harboring the dog. SECTION 7. VIOLATIONS. No person shall hinder, resist, or oppose the dog warden, peace officer, or other person authorized to administer or enforce the provision of this Law of the Town of Enfield in the performance of the officer's duties under this Law. SECTION 8. PENALTIES. A violation of this Law shall constitute a violation as defined in the Penal Law of the State of New York, and shall be punishable by a penalty of not more than $25.00 for the first violation, not more than $50.0 for the second violation, and not more than $75.00 for the third and all subsequent violations, or by imprisonment for a term not to exceed five days, for each violation. These penalties shall be in addition to any other penalty provided by law. SECTION 9. VALIDITY. If any section, paragraph, subdivision, clause, phrase, or provision of this Law shall be judged invalid or held unconstitutional, it shall not affect the validity of this Law as a whole or any part of provision thereof other than the part so decided to be invalid or unconstitutional. SECTION 10. PRIOR DOG CONTROL LAW. This law revokes Local Law #1 effective July 16, 1985. SECTION 11. EFFECTIVE DATE. This Law became effective upon filing in the Office of the Secretary of State. 2004 Community Yard Sales This event appeared to be a success! A total of 19 yard sales were scheduled for Saturday and 10 were scheduled for Sunday. Hopefully we can make this an annual event to be scheduled for the second week of August. Donations were very helpful and appreciated. Participants donated a total of $83.00. 5 Meetings * Services Information * Notices Total advertising and copying expenses were $116.50 with Councilperson Small contributing the balance. A special note of appreciation goes out to Dan and Diane Achilles for allowing us to use their store for the distribution of information, to Enfield residents who participated, and to Clerk Laue and Councilperson Small for their assistance in making this year's Community Yard Sales event a success! Tire Collection Day he Tompkins County Soil and Water Conservation District (TCSWCD) in cooperation with the Town Highway Department is proud to announce a tire collection day scheduled for Saturday. October 30.2004 from 8:00 a.m. to 1:30 n.m. You do not need to be a resident to participate in this collection. Tractor tires will no longer be accepted Tractor -trailer and oversize tires will be at a fee of $2.00/tire. Regular road vehicle tires will remain at $1.00/tire. All lead weights need to be removed, rims can be on the tires, and any tires with an outside diameter larger than 48" need to be cut in half If you have any questions, please call TCSWCD at 257-2340. Any and all quantities are welcome. Of the $1.00 - $0.40 goes to Nucor, $0.25 to the Town Highway Department for trucking and the remaining $0.35 goes to TCSWCD for manning the project and advertising. Enfield One -Room School House Reunion T his event was held July 31". Councilperson Hubbell reported that this annual event was well received with approximately 60 individuals in attendance. Entertainment was provided by Harold Bush. Everyone thought it was one of the best reunions ever. Jack and Peggy Hubbell filled in when Chairperson Blanch Stout took ill. Cemetery Committee News ouncilperson Hubbell reported that $100 was donated for use in Budd Cemetery for stone repair. Work at Budd Cemetery will commence next summer. Presently, about 25 stones in Christian Cemetery will be repaired over the winter and reset in the Spring. The Committee is also finishing up a plot -owners manual that was started a few years ago, which would list lot costs, including upkeep if that is applicable and another booklet for the general public on how they should be treating cemeteries. Recreation Partnership Due to budgetary constraints; the Town of Enfield passed a resolution at the August 11* Town Board meeting instructing the Board's appointed representatives to the Recreation Partnership Board to implement four unaccomplished goals before the end of 2005: (1) to form a not -for -profit agency to obtain additional funding resources other than local tax dollars for recreational activities and to allow donations by individuals and corporations to be tax deductible; (2) to seek out providers other than the City of Ithaca to assure activities offered are meeting the needs of our citizens, that fees are affordable, programs are accessible, and requests for proposals will be solicited; (3) to coordinate with other municipalities to utilize the expertise of the paid recreation personnel from the Towns of Ithaca, Dryden, Lansing and the City of Ithaca so they can provide assistance with recommendations and guidance towards the restructuring of the Board; and (4) consider allowing the Town of Lansing to join the partnership on a trial basis utilizing their expertise, staff, programs and facilities towards facilitating the above goals and to open up opportunities to young people as an in -kind contribution Economic Clearing House Committee As a result of the Economic Development Strategy Presentation held earlier this year, five major potential strategies were determined for the Town. One of those strategies was to establish and develop a town business directory of all small business owners and home -based businesses in Enfield. Councilperson Lanning has been asked to update our list of area businesses. The list is to include the business name, owner's name, business address, telephone number and e-mail address. If you want to be 6 Meetings * Services included in this directory, please contact Councilperson Lanning at 256-7476. Town Hall/Community Building & Highway Facility Development councilperson Stevenson submitted a report at the Julv 10 Town Board meeting giving a brief synopsis on past activities. The report included preliminary floor plans, elevations and a landscaping study as submitted by Charles Hoover Architect of Ithaca. It is anticipated that the Town Board will begin to form a committee to continue the work that has been started in the past. Enfield Volunteer Fire Company Councdperson Lanning reported that the Enfield Volunteer Fire Company (EVFC) purchased a 2004 pickup truck to be converted into an emergency first aid equipment vehicle. Members of the Fire Company have installed a radio, slide out extend -a -bed and cap. Compartments will be built to hold equipment and supplies. Some of the Company's trucks will be on display at the Enfield Harvest Festival, September 25te . If you are interested in becoming a member of the Fire Company, contact President Hubbell or Fire Chief Stilwell at 273-8757. Town Historian News Town Historian Sue Thompson is currently taking pictures of local bams and outbuildings and placing an inventory number on them with bits of information. She has recorded part of the north side of Enfield, totaling about 50 barns. Sue is also working with the Municipal Historians of Tompkins County on putting together a bibliography of books, articles, and newspapers involving individual towns throughout Tompkins County and also additions to the time line which was in the Enfield Book. Anyone with any additional information regarding current events which effect the community (organizations, weather, etc.) are encourage to call Sue at 272-6412 or a -mail her at sdtlna.cornell.edu. Copies of the book entitled "Place Names of Tompkins County" are now available for $6.00. This is a book about names of streets, roads and Information * Notices regions of Tompkins County. It was written by the Municipal Historians of Tompkins County. If you would like to purchase a copy, contact Historian Thompson. Code Enforcement News - Winter Time Safety ter time is not that far away. Are you )Keep inking about adding supplemental heat to your toes toasty warm? Or how about changing your present heating system to a solid fuel burner? (A furnace or wood stove using wood, coal or other solid fuel.) These are usually good systems when installed properly. There are a few things you must keep in mind. You do need to have a Building Permit. The Solid Fuel Burner must be inspected for verification of proper installation. A major concern is fire safety. Every winter all fine departments respond to: 1) chimney fires, 2) house or mobile home fires, 3) Carbon Monoxide in the dwelling, 4) over heated solid fuel burner, 5) grass fires, 6) injury or death caused by one of the above. You read about these in the newspapers every year. The sad thing is that you do not read about ALL the incidents as they are not "news worthy items" for the newspaper because it was not a major incident, even if people have to go to the hospital and there has been structural damage. Keep in mind that the Fire Department MUST notify the Code Enforcement Office of any incident involving structures. The Code Enforcement Office will follow up on these incidents to try and reduce any future occurrence. Homeowners, landlords or tenants need to be aware that all solid fuel burners must be inspected. A Building Permit is required prior to installation, and an inspection will be done after installation and if everything is in proper order, you will be issued a Certificate of Compliance and a record will be kept in the Code Enforcement Office. Remember, plan ahead! Fire safety is a primary concern! Stay safe this fall and winter! If you would like further information, contact the Code Enforcement Office @ 277-0571 (Ron Clark) or 275-3651 (Ed Hetherington). 7 Meetings * Services Information * Notices 2005 Budget Process September begins the budget process with department estimates being submitted to the supervisor by September 20, the supervisor then prepares a tentative budget and other documentation to be filed with the town clerk by September 30, the town clerk submits the tentative budget to the town board at a regular or special meeting on or before October 5, the town board discusses the tentative budget, making changes if necessary. The tentative budget as modified becoming the preliminary budget to be filed with the town clerk. A public hearing on the preliminary budget must be held by November 4, with the final budget being adopted by November 20. S.P.C.A. Contract At the August 11t6 Town Board meeting sevemal changes to the SPCA contract were presented and discussed. SPCA representatives were at the meeting to answer any questions and to facilitate any changes to the contract. For the year 2005, the Town will pay the SPCA $7,281.00 with subsequent years increasing relative to the Consumer Price Index. Their services include pick up of stray dogs, dangerous dogs, enforcement of NYS Ag. & Markets dog law, licensing compliance, compliance with the Town dog control law, and maintaining a shelter for lost and stray cats/dogs. The Town Board will consider increasing license and impound fees at a future Town Board meeting to help offset the cost of dog control and to reduce the incidence of repeated offenders. The SPCA provides a host of other services to address animal control issues. For more information on their services, call them at 257-1822. Enfield Community Council Contract At a Special Town Board meeting held Auggst 19", the Enfield Community Council (ECC) presented a 3-year contact beginning January 2005 and ending December 2007. For 2005 the Town will pay ECC $32,710 (which is comprised of $27,446 town tax, $2,877 county municipal jobs program and $2,387 state funds). Services provided to Town youth consist of community recreational classes, activities, programs and other services. There are three major program focus areas: (1) Youth Programs in which a full-time program manager is responsible for developing youth programs for youth in grades 4-12, youth employment to develop employee skills and first time employment opportunities, and community trips; (2) Summer Camp which is offered six weeks during July and August from 8:45 am. through 2:00 p.m. Annually, about 100 Enfield youth attend the camp which offers nature/outdoor activities, sports, arts and crafts, drama, swimming, a variety of field trips and theme days; (3) Enfield Community Currents newsletter which is published three times a year and offers town news, community updates, camp registration forms and community service activity schedules. Being subsidized by Town funds enables ECC to access the State, County and United Way allocations. Handicap Parking Permits If you are an Enfield resident and need a handicap parking permit, contact the Town Clerk's Office (273-8256) for information on obtaining a flee handicap parking permit. Upcoming Events/Calendar Enfield Harvest Festival: Saturday, Sentember 25th from 10:00 a.m. - 4:00 u.m an. Enfield School. Proceeds benefit Enfield Community Council which funds Day Camp and other youth activities. Come join in the fun! Something for everyone! Contact Pat Gumaer @ 272-5245 or e-mail @ oataumacr(&hotmail.com for more information. Enfield Tire Collection Dav: Saturday. October 30, 2004 from 8:00 a.m. -1:30 o.m. across the street from the Town Highway Facility. See page 5 for more information. The Enfield Communitv Council (ECC) meets the 2sd Monday of each month at the Communitv Building. 8 Meetings * Services The meetings begin at 6:00 p.m. All meetings are open to the public. If you are interested in learning more about the Council, please call President, Bob Ainslie at 273-2258 or Secretary, Vera Howe -Strait at 273-1413. Date to be Determined: The Historical Society and the Enfield Grange are planning a slide show in the future about Arlington National Cemetery. Councilperson Hubbell will be advised as the event progresses and may be contacted for further information at 273-6470. A Flu Vaccine Clinic is scheduled for Thursday. November 4.2004 from0 n.m 4:00 n.m. to 5:3. at Enfield Elementary School. 20 Enfield Main Road, Ithaca, New York. Town of Enfield 168 Enfield Main Road Ithaca, New York 14850 Information * Notices REGISTER TO VOTE If you are not registered to vote but want to, there will be a voter's registration table at the Enfield Harvest Festival, September 25, 2004. General Election - Tuesday, November 2, 2004 Last day to register to vote is October 8, 2004. Voting Place: Enfield Community Building 182 Enfield Main Road Ithaca, New York 14850 Hours: 6:00 am. - 9:00 p.m. If you want to be removed or added to the Enfield Town News, contact Pat Dougherty @ 272-7095 or Sandra Small @ 272-1855. -F Presorted Standard US Postage Paid Permit No. 4 Newfield, NY 14867 Mr. & Mrs. Morey and Peggy Hubbell 134 Hubbell Drive Ithaca, NY 14850