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HomeMy WebLinkAbout2007 Enfield Volunteer Fire Company documents part 3FAX TRANSMISSION PER30IUS LAW FIRM 150 Lake Street - PO Box 146 Elmira, Now York 14902-0146 607-734-5204 Fax: 607-734-5206 DATE: February 28, 2007 TO: Town Hoard, Town of Enfield Sandy Small FAX NO.: 277-2639; 272-8606 FROM: TIMOTHY K. 2tATTZSON, ESQ./SHER.I # OF PAGES: 5 (including cover page) SUBJECT: Town of Enfield/Enfield Volunteer Fixe Company COMMENTS: Attached please find a copy of the response letter from Attorney Mark Butler, with regard to the above matter. Please review and advise as soon as possible. as always, if you have any questions, please do not hesitate to contact my office. WE ARE TRANSMITTING FROM (607)734-5206 PLEASS GALL (607)734-5204 IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMITTAL, THIS MESSAGE IS INTENDBD ONLY FOR THE USE OF THE INDIVTDJAL OR ENTITYTOWEIM IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT LS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. If the reader of this message is nog. the intended recipient or an employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissi-,mination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us by mail. Thank you. February 26, 2007 VIA ELECTRONIC MAIL, ppmpb@aol. corn VIA FACST ,E AM HEGU'LAR MAIL Timothy K. Mattison, Esq. Personius, Prechtl, Mattison & Palmer 312 Lake Street P_ 0- Box 146 Elmira., New York 14902 Town of Enfield and Enfield Volunteer Fire Company Re: Dein Tim: HARRIS BEACH 4 ATTORNEYS AT LAW LAftgN AT EXCHANGE 726 EXCHANGE STREET, SLATE 1000 BUFFALO, NEW YoRK 14210 (716) 200.5050 MARK C- BUTLER, ESQ. DiRecr: (716) 200-5131 FAX: (716) 300-5204 MBvder@NwrisBeech.com i Thank you for your kind correspondence of January 18, 2007; 1 appreciate: its thoroughness and thoughtfulness as a means of serving as a rteinorialization of our discussions and as a jumping-off point 1`or our further -work- together. I apologize for the delay in this response; no disrespect was intended to you or the Board. Between my schedule and giving the Board and membership adeq,!atc time to review, comment and gain consensus, soiree greater time has passed than we would have lived. Again, no disrespect was intended. With regard to the particulars of your correspondence, I offer the following in response, as well as a bit of refinement for our mutual understanding. - I . Town Audit. '1'he Fire Company certainly has no objection to a separate audit of the Fire Company's contract monies at the Town's expense (in addition to the new statutory audit that the Fire Company -will have to perform at the end of 2007), 1 wou d suggest; however that the audit be conducted on an annual basis, given the regular reporting which will be done -by the l=ire Company to the Town as we have discussed. 2. Monthly Reports from the Fite Company. There are two elements to this provision; first, an agreement that the Fire Company, by either the chief presi&nt or a member of the Board of Directorswill appear for a report at a monthly Town Board meeting for a report of the Fire Company's activities for the past month, as wtll as planned and future activities. It was my understanding finm our first meeting that we agreed that the Fire Company's regular Cnancial reporting will be done on a quarterly basis and that the farm of the report would be agreed upon and attached to the contract as an exhibit. Given the nature of the expenditures, Letter to Timothy K. Mattison, Esq, HARRIS BEACH February _6, 2007 Page 2 ATTORNEYS AT LAw which arc essentially somewhat repetitive on a monthly basis, we agreed that quarterly reporting would be a more efficient and meaningful way of discussing the Fire Company's finances. Additionally, the Fire Company proposes that the financial report would be made available to the Town Board (through the Town Clerk) at least seven days prior to the regularly scheduled monthly Town Board meeting to afford Board members the opportunity to review the docwnert prior to the meeting. 3. Procurement Poliev As we discussed at our last meeting, the l=ire Company is undertaking to formalize its procurement policies which would reflect it great extent the rNk reznents under General Municipal Law for municipal entities. We are currently ;nrorkimg on a policy, including a worksheet for purchases by the Fire Company. I would hope t1liat we would have a policy in place shortly and expect to share *hat with the Town Board as soon as it has been finalized by the Board of Directors_ 4. Fire Connnanv Board Mectinus. The Fire Company is certainly most interested in open and regular commuz►ication with the Town Hoard. May we suggest that the designated representative of the Town Board appear at the beginning of each regular monthly meeting of the Board of Directors for a designated period for the purpose of shared and mutual communication_ The Board of Directors will make an Agenda Item specifically to facilitate Town_ Board member attendance at the beginning of the Board of Director's meetings, so that Town Board 14ernber's time is respected. After that designated period of time, the Board of Directors meetings would then be closed in order to preserve the various fiduciary responsibilities the Board owes to its members. May we also suggest that, since the meetings of the Board of Directors and the Town Board are on back-to-back nights, that we alternate the meetings., so that there is not a repetition of meetings f=rom uric night to the next, again to use everyone's dine wisely. A suggestion night be that the Town Board attend meetings of the Board on even-ntunbered months and the fire Company representative attend the 'Town Board meeting on odd -numbered months. Fire Aopuratus, The proposal .for a schedule of the Fire Company's fire apparatus including financial information as you described is certainly a very achievable objective. May I suggest that a date certvin be established for its submission, such as on July 1 st of each year, which follows the generation of the Tire Company's audit under the new state law. I would also suggest that an agreed-upon format for the schedule be similarly created and attached to the contract as an a chibit, as with the gttarterly reporting (Paragraph 2, above). Our suggestion pertaining to a date certain (and the date of July 1st is suggested because the (ire company's statutory audit) is to recognize the enormous work thet occurs at the end and 3 Letter to Timothy K. Mattison, Esq. February 26, 2007 HARRIS BEACH a Page 3 ATTORNM AT LAIN beginning of each fiscal and ,calendar year: and that a schedule or this nature might be better presented at the beginning of the third quarter of the year and would be timely for consideration by the Board in preparation of contract negotiations_ The suggestion for the creation and designation of a "capital reserve fund" is a. splendid idea and I look forward to discussing that with you further, particidarly as to the funding of that account. Certainly a reduction in debt service, the establishment 0, such a futtd;is, clearly a priority as should its funding-. 6. Contract veeatiations. The Fire Company embraces the idea of early c .tract negotiations, may�wc suggest a bate certain for the commencement of such (givers the reguireanent that flue;cortttitcts ergo each year on December 31 st) that those discussions begin no lateAugust list of each yeor, The Fire Company believes that negotiations for a fire contract are statutorily the direct responsibility of the Town Board on behalf of the taxpayers and the Board of Directors on behalf of the Fire Company. Certainly the public involvement is well -considered with the necessity for a public hearing prior to the adoption of a Fre service contract. , i. hall. As indicated at our last meeting, the plans for an: open ,house, and dernonstration of the Fire Company's importance to the community through various activities is planned and will be expanded. Of course, given the several challenges that we -eve faced in ;the Mast, we are always open to suggestions for increased public contract wick► the Fire `Company. We appreciate the issues and their clarification as set folth your correspondence as well as the refinement contained herein` Obviously, the necessity- for full funding ' has been demonstrated and I look l'onvard to our further discussions regarding the appropriate funding of Fire Company operations. We are currently investigating funding options and -current interest rates; 1 will try " vigorously to have those figures available shortly but 1 am somewhat constrained by the requirements of our several banks in responding to our inquiries, Nevertheless, we are moving toward the consolidation of -debt -as a means of reducing the sire of out debt:.scvvicr, both in relationship to inteicst paid w well as' amortization_ I have also explored with you the potential for formation of a fire district whereby the Town Board would no longer be responsible for fire protection= in ih,e Tom n of Enfield. t strongly believe that the formation of a fire district would eliminate most it' not all or the 'sown Board's concerns, given the nature of a fire district. The obvious 'liability which currently exists Later to Timothy K. Mattison, Esq, HARRIS BEACH 4 February 26, 2007 Page 4 ATTORNEYS AT LAW for fire department operations residing in the Town also creates substantial incentive for that to occur as well. I would appreciate our *ank- and open discussion of that issue as well. I too have been encouraged by the progress of our discussions and the increasing openness betwocn both the Town Board and the Fire Company. I invite your telephone call to advance ail of the issues here presented and moving to a closer position of common understanding and agreement. Very truly yours, TO- Alice Laue 0 Town of Enfield FAX NO.; 277-2639 FROM -z TIMOTHY X. MATTISON, ESQ./SHERI # OF PAGES! 5 (including cover. page) SUBJECT- Resolution/Tovm of Ezitiold/Lisa M. utter 2435 Mecklenburg R61d, Ithaca, Now York COMMENTS: Attached Please fired the proposed Resolution, with regard to the above matter. As always, if you have any questions, please do not hesitate to contact my office. WE ARE TRANSMITTING FROM (697) 734-52 D6 PLEASE CALL (607)734-5204 IF YOU HAVE AW PROBLEMS WITH THIS TRANSMITTAL THIS MESSAGE IS INTEMED1 Oh"LY FOR THE USE OF THE IND}iVZDUA.L GR ENTITY TO WHICH IT IS AMDF—ESSED AND i++MY CONTAIN IN&GRMATIOIL THAT IS PRIV-TLEGP'D,"cox=- ENTiAL AND EXE<'IPT FROM D_sChC3T7R8. 3f the ruder of this messa e is notthe intended recipient or an emp2ayee or agent responsible for delivering the message -to the . intended recipient, you are hereby notified that any dl -$semination, distribution, or copying of this comm.unicatioa is strictly prohibited If you . have received this comlnunicatiga in error, phase notify us i diately by telephone and return the original message to us by mail. Thank you- 02/13/2007 TUE 15:53 PAX m002/OQ5 RESOLUTION OF TOWN OF ENFIELD RESOLUTION NO. WHEREAS, the Town of Enfield entered into a Diminishing Lien Agreement through its Community Development Flock Grant Program providing one Shimene Lee with funds for repairs to premises located at 2435 Mecklenburg Road, Ithaca, New York, by agreement dated September 26, 2005,.and WHEREAS, the Town of Enfield has existing as of this date a lien on said premises in the amount of eighty percent (80%) of the original grant of $19,634.00 or $15,707.20, and WHEREAS, the Town of Enfield has been duly served with a foreclosure complaint in an action brought by the United States of America versus said S"himene Lee and naming the Town of Enfield as a party to such foreclosure litigation seeking to foreclose the valid first lien on said premises held by the United States of America, and WHEREAS, the Town of Enfield has been made aware that there is a proposal made by one Lisa V11. utter to purchase the subject premises in lieu of the foreclosure action going forward, and WHEREAS, the Town of Enfield has been informed by Tompkins County Community Housing that said Lisa M. Utter does in fact qualify ander its income and asset guidelines for a grant for home repair and rehabilitation pursuant to the Community Development Block. Grant Program, and WHEREAS, the Town of Enfield is desirous of protecting its lien on the subject premises; while enabling Lisa M. Utter to ovAm aforementioned Shimene Lee, and WHEREAS, the Town Board of the Town of Enfield finds that it is in the best interest of the residents of the Town of Enfield to have property such as the subject premises rehabilitated and repaired in order to maintain the Town°s tax base and the living environment of the Town's residents, and WHEREAS, the Town of Enfield has been informed that Lisa M. Utter would be willing to assume the position of the aforementioned Shimene Lee immediately upon assuming ownership of the subject property in a like manner as provided for in the Diminishing Lien Agreement between the: 'IOWA of :-:nf ield and said Shimene Lee dated September 26, 2005, immediately upon assuming ownership of the subject premises, and WHEREAS, the Town of Enfield has been informed that the purchase of the subject premises by Lisa M. Utter may only be accomplished if in fact -that own releases the existing balance of the lien pursuant to the Diminishing Lien Agreement Aforementioned dated September 26, 2005, and WHEREAS, the Town of Enfield agrees to release said lien only in the event, and upon the condition, that it is replaced by a subsequent lien in an amount not less than $15,707.20 pursuant to a Diminishing Lien Agreement to be executed by the Town of Enfield and Lisa M. Utter, and 2 02/13/20101 TUE 15:55 FAX - IT 12 HEREBY RESOLVED: •�0�4/405 That the Town Supervisor of the Town of Enfield is hereby authorized to execute any and all necessary documents in order to release and extinguish the lien of the To,,n of Enfield cn Premises located at 2435 Mecklenburg Road, Ithaca, New York 14850, pursuant to the Diminishing Lien Agreement entered into September 25, 2005 between the Town of Enfield and Shimene Lee, and IT Is, FURTHER RESOLVED: That the Toxin. Supervisor shall execute said necessary documents in order to release the aforementioned lien only after the Town has been assured that the pro5pecti;re new owners of the subject premises Lisa M. Utter will execute with and in favor of the Town of Enfield a new Diminishing Lien Agreement provid_ng for the Town to hold a diminishing lien on said premises in a amount not less than $15,707.20 with said lien to diminish at the same rate as that provided for by the Diminishing Lien Agreement entered into between the Town of Enfield and the aforementioned Shimene Lee on September 26, 2005, and IT IS, FURTHER RESOLVER: That the Town Supervisor shall be authorized to execute the aforementioned Diminishing Lien Agreement between the Town of Enfield and Lisa M. Utter, only after the aforementioned Lisa M. Utter shall sign a copy of this Resolution indicating her 4 Page 1 of 2 Subj: Fw: Re: Enfield story Date: 3/14/2007 5:18:54 R.M. Eastern Daylight Time From: Kevin.McCabe(`a�c(am_be...stat..ny1s. To: jowe,_,j$1Ij aoj.com Page 2 of 2 •There will be no community use of Enfield School. •A phone call will be made to all Enfield families between 5:00 - 5:40 a.m. Thursday if this contingency plan must be activated. •Also, the usual radio and television stations will announce the implementation of the plan. •If fire protection services are not available on Friday, March 16, parent/teacher conferences will be cancelled to another date. If there is fire protection after 12:01 a.m. March 15, then the above contingency plan will not be activated. It is my sincere hope that fire protection will be available and our children will be receiving instruction in their home school. Several years ago, Belle Sherman and BIM students and faculty were transported to other schools because of safety issues at their home schools. The students and staff of all the involved schools made it a positive learning experience. I am confident that, if the need should arise for Enfield children to attend BIM or Fall Creek on Thursday, they will have an excellent day. Thank you for your patience. I hope this contingency plan will be unnecessary. Sincerely, Judith C. Pastel Wednesday, March 14 2007 America Online: JOwens I l March 14, 2007 VIA EMAIL ONLY Timothy K. Mattison, Esq. Personius, Prechtl, Mattison & Palmer 312 Lake Street P. O. Box 146 Elmira, New York 14902 Re: Town of Enfield Fire Contract Dear Tim: HERR S BEr G� ATTORNEYS AT ----:-n A1N LARKIN AT EXCHANGE - 726 EXCHANGE STREET, SUITE 1000 BUFFALO, NEW YORK 14210 (716) 200-5050 - MARK C. BUTLER, ESQ. DIRECT: '(716) 200-5131 FAX: (116) 200-5204 . Wutler@HorrisBeachxom Following our conversation this.. morning, I offer the following as a further means of resolving the contract issues with the Fire Company. Previously, the Fire Company stated that for the Fire Company to continue operation after midnight tonight, the Fire Cornpany:requires the Town Board's agreement to the following: 1 _ That the fire contract between the Fire Company and the Town of Enfield will be payable at the 2006 rate ($240,769) and payment schedule; 2. That th& Town Board commits to forming a fire district in the Town, of Enfield by July 1, 2007; and ` 3. Commitment by the Town Board to pay for fire services through --December 31; 2008 -to the new Fire District at the 2007 rate plus 3%. Additionally, the Fire Company requires immediate payment of the sum -of $92,750.00 (reflective of last year's compensation schedule), in order to meet its immediate financial obligations. As we discussed this morning, I am advised that the Town has appropriated only the sum of $230,000 for fire contract purposes for 2007. In order to reach the 2006 contract rate, I have suggested this morning that the Town fully appropriate the $230,000 and then make a further appropriation from the Town's General Fund (or other revenue source) for an additional $10,769 for the purpose of funding VF13L insurance payment (which is a statutory Town obligation). This appropriation is consistent with the requirements of Town Law 117. Obviously the remaining items above must be met; to that end, am prepared to provide the necessary resolution to you for the Town Board to set a public hearing- fdr the formation of a fire district, which resolution may be passed this evening. I once again pledge my time and resources to assist in resolving this matter, for the purpose of continuing uninterrupted emergency services in the Town.