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
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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.
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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
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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.
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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).
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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