REGULAR TOWN BOARD MEETING May 13, 2004
On Thursday, May 13, 2004 at 7:30 p.m., Town Supervisor Gordon Ireland called to order the regular session of the Spafford Town Board. Councilors Jeffrey Ireland and Joyce Barnett were present. Highway Superintendent Carl Wiers, Accountant Thomas Chartrand, and Town Clerk Lisa Valletta were also present. Councilor Fred Chappell arrived at 7:53 p.m. Councilor Billy Vinzant was absent.
New York State Codes Division
Mr. Richard Thomson of the New York State Department of State, Codes Division presented the final report of the Building/Codes Department Audit. Mr. Thomson explained the attachment of the response written by Councilor Vinzant to the draft copy. He found it to be well written and worthy of inclusion. He gave a brief review of the timeline of the audit, and then explained that at this time, it is now up to the Town of Spafford to outline a plan of action for making the necessary corrections to procedures and policies. Said plan of action is to be sent to Mr. Thomson by June 15, 2004. Mr. Thomson explained that due to the overwhelming public interest in the audit, he is willing to return to Spafford for a “round table” discussion prior to the June 15th deadline.
Mr. Thomson read the following letter:
May 13, 2004
Honorable
Gordon Ireland
Supervisor
Town of
Spafford
1984 Route 174
Skaneateles, NY
13152
Re:
Uniform Code Enforcement
Town of Spafford
Onondaga County
Dear Supervisor
Ireland:
Pursuant to the authority granted the
Department of State by Section 381(3) of the Executive Law, the Division of
Code Enforcement and Administration has conducted a program review of the
administration and enforcement of the New York State Uniform Fire Prevention
and Building Code in the Town of Spafford.
A copy of our report is enclosed.
Our investigation has revealed a number of
issues involving both the Town’s program and its local law. These have been noted in the report and will
require corrective action by the Town.
Where appropriate, we have provided guidelines for the Town to consider
for implementation.
It is our intent to continue to work with
the Town throughout the remediation process.
Please provide a plan for implementing the noted deficiencies to our
office at your earliest convenience, but in no event later than June 15, 2004.
Please contact us at (518) 427-9231, if
you have any questions or concerns regarding this matter. Thank you for your cooperation.
Sincerely,
Richard
Thomson
Regional
Code Specialist
cc: W R Scott
Mr. Thomson explained the report takes two forms, “the Town shall” and “the Town must” are indicative of items that must be addressed by the Town. Where the words “it is strongly recommended” are used in the report, Mr. Thomson asks that the Town consider addressing those concerns.
Mr. Thomson explained whether or not to hold a “round table” discussion is a decision for the Town Board. Requests for a meeting were made, but Supervisor Ireland advised the report be read to determine if a meeting is needed.
A question was asked about the proposed unsafe building law. Mr. Thomson explained there is nothing in New York State regulations dictating the Town adopt a law stronger than the New York State Uniform Fire Prevention and Building Code, (Uniform Code). The Uniform Code states that unsafe buildings must be vacant until the Code Enforcement Officer determines they are safe. The NYS regulations will be changing before the end of this year. Mr. Thomson recommends the Town of Spafford wait to make changes to the Local Law for enforcement of the Uniform Code, if any are needed, until the new regulations are available and all changes can be made in one action by the Town Board. Mr. Thomson stated that one of the requirements that will be in the new regulations is that the Town must adopt a procedure for dealing with unsafe buildings. The regulations will not provide a description of a procedure, they just dictate that one must be adopted. Mr. Thomson departed at 7:37 p.m.
Change in Meeting Time
Supervisor Ireland requested a change in the starting time for the Town Board meetings. He would like to have the monthly meetings begin at 7 p.m. and use the additional 30 minutes for public comment. Supervisor Ireland explained that comments should be kept brief and it would not be a time for debating with your neighbors. A motion to change the start time of the regular monthly meetings from 7:30 p.m. to 7 p.m. was made by Supervisor Ireland and seconded by Councilor J. Ireland. The motion PASSED - AYES - 3, NAYS - 0. Voting aye - G. Ireland, J. Ireland, and Barnett.
Joseph
Vecchio
Mr. Joseph Vecchio, 1850 East Lake Road, had requested an opportunity to speak before the Board. Mr. Vecchio explained that he kept track of the water level in the tank during the past winter. The highest level of the water came to within one inch of the bottom of the fuse box. Mr. Vecchio stated the water level is currently six inches below the box and seems to be going down. He does not believe a sump pump will be necessary at the site.
Regarding the proposed Borodino Landing project, Mr. Vecchio volunteered to keep any current information and make it available to any one interested.
Mr. Vecchio asked that clarification be made regarding the published comment “Spafford Area Historical Society, (SAHS), will not be able to meet the demands of the Town Board members”. Supervisor Ireland commented he did not know what the demands were; a memorandum of understanding between the Town of Spafford and SAHS has been presented to SAHS for approval. The memorandum is necessary for the grant. There was a discussion of the situation.
Frank Moran
Mr. Moran, 2708 Nunnery Road, provided an
update on the proposed Borodino Landing project. The right-of-way is 49.5 feet wide to the lake. A survey was going to be done, but Town
Attorney Reagan advised a title search be conducted prior to the survey. A resident of the Town offered to conduct
the search. He went back to 1947. The property is described as belonging to
the State of New York from the high water line to the lake edge.
Mr. Moran suggests the Town Board send a letter to Mr. Merrill Denslow, the owner of the property bordering the right-of-way, to determine if he is interested in selling a portion of his land to the Town. Mr. Moran explained he has learned there is grant money available for the development of parks. Mrs. Kathleen Kelley, 2291 Bockes Road, asked where funding would come from to police the area should the Landing project become a reality. Currently, the residents of the Borodino Landing area take the responsibility for cleaning up the litter and deterring trouble. It is not likely the neighboring residents would be as willing if the site is more developed. Mr. Moran believes a committee of volunteers could be formed to take care of the site. It was mentioned that the fire departments use Borodino Landing as an access to the lake for water. That would need to be considered and allowed for in any plans for development. There was a discussion of the possible problems that could arise if the site is developed as proposed.
Mr.
Moran stated he is seeking direction regarding the letter to Mr. Denslow. Supervisor Ireland stated he has many
concerns with the project but he is in favor of a letter being sent to Mr.
Denslow. There are many issues to be
addressed. There was further discussion
of the proposed project.
Councilor Fred Chappell
arrived at 7:53 p.m.
Grace Grenga
Mrs.
Grace Grenga, 1872 Route
174, requested an opportunity to speak.
Mrs. Grenga asked Councilor Barnett about her references to “getting
along” and “respect for one another” in a letter written by Councilor Barnett
that was published in the Skaneateles
Press. Mrs. Grenga commented that
Councilor Barnett seemed to blame her fellow Town Board members for the
friction arising in the Town. Mrs.
Grenga asked why Councilor Barnett does not show respect to her fellow Board
members. Councilor Barnett responded
that she does show respect for them.
Mrs.
Grenga mentioned other items of dispute with Councilor Barnett; including a
letter sent to the Board of Elections following the November 2003 election and
the response sent by the Democratic Election Inspectors Chairperson of Election
District #2. Supervisor Ireland called
for an end to the discussion.
Mr. Peter
Payntar, 1940 East Lake Road, stated that Councilor Barnett represents the
Spafford Party and received the most votes at the November 2003 election.
Mr.
Vecchio commented on circumstances in the Town. Supervisor Ireland again called for an end to the discussion.
Mr. Jody
Fisher, 694 Route
41, stated that he and others vote in regards to the way the Town is being
run. If there are no problems, he is
comfortable voting for those who are doing the job.
Adelphia Cable
Mr. Ken
Lieberman, 2208 Olanco Road, provided an update on the cable expansion plans
for the Town of Spafford. Adelphia
began running new cables about one week ago and instead of the originally
planned 26 miles, there will be only 12 miles in the expansion. Mr. Lieberman gave a description of the
areas included and stated he has requested a map from Adelphia showing the
areas that will be in the expansion. He
explained that if anyone is near an ending point for the cable line they can
call Mr. Bill Kaiser at Adelphia to try and negotiate an extension to the
line.
Proposed Water District
Supervisor
Ireland provided an update on the proposed water district for the neighborhood
along Route 174 near Otisco Lake. He met
recently with Assemblyman Bill McGee, from the North Country, and Assemblyman
McGee has agreed to sponsor a bill in the Assembly to allow Onondaga County
Water Authority to build the water line.
This action could save as much as 20 – 30% of the cost, but equipment
may increase an equal amount. Some
residents of the Town of Otisco are losing interest in the proposal. Due to the schedule of the NYS Revolving
Fund grant, there will be a one year delay on the project.
Bills
The following bills were presented for approval,
(Machinery and Snow bills are included in the Highway bills):
FUND VOUCHER #’S TOTAL MOTION SECOND CARRIED
General
137-140
& 142-164 $ 12,136.69 J. Ireland Chappell
aye
Highway 89-105 $ 27,993.63 Chappell J. Ireland aye
Tort Reform
Supervisor
Ireland explained support is being sought to reduce liability to municipalities
in tort cases. Many times unjust
payment to the plaintiff occurs.
Several towns have already signed in support for the adoption of the Collateral
Source Bill, (S.622/A.3483) which addresses this concern and Supervisor Ireland would
like the Town of Spafford to join them.
Supervisor Ireland asked if there were any questions regarding the Collateral
Source Bill. There were none. A motion for the Town of Spafford to add their support to the
Collateral Source Bill, (S.622/A.3483) was made by Councilor J. Ireland and seconded by
Councilor Chappell. The motion PASSED –
AYES – 4, NAYS -0. Voting aye – G.
Ireland, Chappell, J. Ireland, Barnett.
April 8, 2003 Town Board
Meeting Minutes
Mowing
Supervisor
Ireland explained he had spoken with Mr. Julian Corsello, the individual
awarded the contract for mowing the cemeteries and additional parcels of land
in the Town of Spafford. Mr. Corsello
stated he was having difficulty keeping up with the mowing due to the weather
conditions, (heat and frequent rain), but he will be sure to have the areas
neat for the Memorial Day week-end.
Memorial Day Ceremony
There
will be a parade followed by a ceremony on May 30, 2004. The parade will begin at the Borodino Fire
House and proceed to the Veterans Memorial on the corner of Route 41 and
Nunnery Road. The ceremony will be held
at the Veterans Memorial. All are
welcome to attend and all veterans are welcome to join the parade.
Voting by Town Board Members
The
comment was made that abstention on a vote by a Councilmember is allowed. There was a discussion of the Town Law
regarding abstentions.
A
comment was made regarding Supervisor Ireland’s vote on the audit of the Town
Supervisor’s records for 2003. Mr.
Peter Pirnie, 1572 Tracy Drive, believes it is illegal for the Supervisor to
vote on the audit. Mr. Pirnie further
stated that paired with Councilor Barnett’s abstention, the vote did not pass.
Comments
Councilor
Barnett pointed out her comments in regards to the Code of Ethics were not
included in the April 8, 2004 minutes.
The comments were as follows:
“I am concerned that
numerous citizens have expressed their concern that having the son of the
Supervisor as the Ethics Chair is an apparent conflict of interest in their
opinions. I discussed this concern with
an attorney in the Association of Towns office who confirmed that the
appearance of impropriety is a problem, even though it is not illegal to have
this appointment.”
Councilor
Barnett requested her comments about interpretations regarding proper procedure
also be included in the minutes.
Supervisor Ireland requested Councilor Barnett produce copies of the
interpretations for the Board members.
There
was a discussion of the minutes as presented.
A motion
to approve the minutes of the April 8, 2004 Town Board meeting was made by
Supervisor Ireland and seconded by Councilor J. Ireland. The motion FAILED. AYES - 2, NAYS – 1.
Voting aye – G. Ireland and J. Ireland.
Voting nay – Barnett. Councilor Chappell abstained.
Town Supervisor’s April
2004 Report & Statement
Accountant
Thomas Chartrand presented the April 2004 Town Supervisor’s Report &
Statement. The receipts and
disbursements are as expected. The Tax
Collector has turned over all monies taken in to the Town. There was approximately $1,000.00 more than
expected.
The snow
removal expenses are understandably high due to the severity of the weather at
the beginning of the year. How early
winter comes at the end of the year and the severity of the onset of the winter
weather will determine whether or not the snow removal expenses will stay
within the budgeted amount.
Contractually, the snow fund is in good shape. A motion to accept the Town Supervisor’s Report & Statement
as presented was made by Councilor Chappell and seconded by Councilor J.
Ireland. The motion PASSED. AYES – 4, NAYS – 0.
Health Insurance Bill
The
following bill has
not yet been received: Excellus
Insurance (June
2004 coverage for health insurance for the Highway Superintendent and Highway
employees)
A motion
to pay the Excellus Insurance bill upon receipt was made by Councilor J.
Ireland and seconded by
Councilor Chappell.
The motion PASSED - AYES - 4, NAYS - 0.
Voting aye – G. Ireland, Chappell, J. Ireland, and Barnett.
403B Plan
Mr. Chartrand described again the 403B plan being made available to municipal employees. It is a retirement plan similar to the 401K in the private sector. There is no cost to the Town for employees to participate in the plan and it does not affect the current State retirement. The plan is available to anyone on the Town payroll. Some of the highway employees are interested in participating in the plan.
RESOLUTION # 8-2004
Town of Spafford Adoption of the State of New York Deferred Compensation Plan
WHEREAS, the Town of Spafford is a local public employer eligible to adopt the Plan Pursuant to Section 5 of the State Finance Law and,
WHEREAS, the Town of Spafford has reviewed the Plan established in accordance with Section 457 of the Internal Revenue Code and Section 5 of the State Finance Law of the State of New York; and
WHEREAS, the purpose of the Plan is to encourage employees to make and continue careers with the Town of Spafford by providing eligible employees with a convenient and tax favored method of saving on a regular and long-term basis and thereby provide for their retirement;
WHEREAS, the Town of Spafford wishes to adopt the Deferred Compensation Plan for Employees of the State of New York and Other Participating Public Jurisdictions (The “Plan”) for the voluntary participation of all eligible employees;
NOW THEREFORE, it is hereby:
RESOLVED, on a motion by Supervisor Gordon Ireland and seconded by Councilor Jeff Ireland that the Town of Spafford hereby adopts the Plan for the voluntary participation of all eligible employees; and it is further
RESOLVED, that the appropriate officials of the Town of Spafford are hereby authorized to take such actions and enter such agreements as are required or necessary for the adoption, implementation, and maintenance of the Plan; and it is further
RESOLVED, that the Administrative Services Agency is hereby authorized to file copies of these resolutions and other required documents with the President of the State of New York Civil Service Commission.
Gordon Ireland, Town Supervisor aye Fred Chappell, Councilor aye
Jeff Ireland, Councilor aye Joyce Barnett, Councilor aye
Adopted the 13th day of May, 2004, at a meeting of the Spafford Town Board.
I hereby certify that the Town of Spafford is a local public employer within the meaning of Section 5 of the State Finance Law and that the adoption of the Plan has received all required approvals of any local governing body or officer and otherwise complies with local law.
Lisa M. Valletta, Town Clerk
Town of Spafford
Purchase of
Kissane-Dunphy Property
Permission for using the $50,000.00 grant to purchase of the property at 1865 East Lake Road has been granted by the Community Development Division. The negotiated purchase price is $65,000.00. Councilor Barnett asked where the additional $15,000.00 would come from. Supervisor Ireland explained it would come out of the General Fund budget. The purpose of the purchase of this property is to alleviate the space and parking problems at the Grange building. One of the contingencies of the purchase is that the property be vacated prior to purchase. This action is the responsibility of the current owners.
Councilor Barnett asked if the buildings have been inspected and what their condition. Supervisor Ireland explained that neither of the buildings on the property are in good condition. The intent is to raze the small outbuilding. There has been no inspection by an engineer; two individuals from the Town inspected the exterior and interior of the house. Supervisor Ireland contacted Mr. Richard Lord of New York State Historic Preservation Office, (SHPO), regarding any historic value of the house. Mr. Lord indicated there was none. Councilor Chappell explained the center support beam of the house was cut in half several years ago. He believes it is not worth the expense of an engineer’s inspection report. There was a discussion of the intended use of the property and the proposed purchase.
Councilor Barnett asked what other contingencies were involved in the purchase besides vacating the property. Supervisor Ireland stated that both owners must sign the documents associated with the sale; Mr. Dunphy lives in England. Councilor Barnett asked if there were any other contingencies. Supervisor Ireland stated to his knowledge there were no others. Councilor Barnett stated she would not vote in favor of the purchase. She would like to see the purchase agreement before it is finalized.
RESOLUTION # 9-2004
WHEREAS, the Town of Spafford has determined that the purchase of the property located at 1865 East Lake Road, currently owned by Mr. Timothy Kissane and Mr. Dunphy, would be advantageous to the restoration of the Borodino Grange building, and
WHEREAS, the Town of Spafford has negotiated a purchase price and conditions of purchase with the current owners,
NOW THEREFORE, on a motion made by Councilor Jeff Ireland and seconded by Councilor Chappell Town Supervisor Gordon Ireland is authorized to finalize the purchase of the property located at 1865 East Lake Road should all contingencies of the agreement be fulfilled.
Gordon Ireland aye Fred Chappell aye
Jeff Ireland aye Joyce Barnett nay
I, Lisa M. Valletta, Clerk of the Town of Spafford, County of Onondaga, State of New York, do hereby certify that the foregoing was duly adopted by the Town Board of the Town of Spafford, County of Onondaga, State of New York, at their regular monthly meeting held on the 13th day of May, 2004, a quorum being present.
In witness whereof, I have hereunto set my hand and affixed the seal of my office.
Dated: ________________________
_______________________________
Lisa M. Valletta, Town Clerk of the Town of Spafford
Proposed Unsafe Building Law
Supervisor Ireland asked if any members of the Town Board were willing to support the proposed unsafe building law. Mrs. Mary Pirnie, 1572 Tracy Drive, read a statement regarding the efforts of the Citizens for Spafford in writing the proposal and bringing it before the Town Board. Supervisor Ireland repeated his question regarding support for the proposal by a member of the Board. Councilor Barnett commented that she was the only member of the Spafford Town Board to attend a planning meeting for the five towns surrounding Skaneateles Lake. The intent of the meeting was to encourage the five towns to write comprehensive plans. Councilor Barnett reminded her fellow Board members that at the January Town Board meeting she requested the Town Board consider developing a comprehensive plan. Of the five towns surrounding Skaneateles Lake, only the Town of Skaneateles has such a plan. Councilor Barnett again suggests the Town Board consider form a master comprehensive plan for the Town of Spafford. There were comments made regarding the different characteristics of the Town of Spafford and the Town of Skaneateles. Mrs. Pirnie requested a meeting be scheduled with Mr. Richard Thomson of the New York State Department of State, Codes Division. Supervisor Ireland stated that if a meeting was deemed necessary, it would be scheduled; but the report should be read first to determine if there is a need. Supervisor Ireland repeated his question regarding support for the proposal by a member of the Board. Councilor Barnett repeated her request that the Town Board consider developing a comprehensive master plan. Supervisor Ireland asked if there was any support on the Town Board for pursuit of the proposed unsafe building law. There was none.
Town
Clerk’s April 2004 Report
Town Clerk Lisa Valletta presented her report of fees taken in during the month of April 2004. A total of $3,824.76 was realized for the Town. A motion to accept the Town Clerk’s report as presented was made by Councilor J. Ireland and seconded by Councilor Chappell. The motion PASSED - AYES - 4, NAYS - 0. Voting aye - G. Ireland, Chappell, J. Ireland, and Barnett.
Building Department Clerk
Mrs. Rita Marcheterre, Building Department Clerk/Z.B.A. secretary sent a letter to Supervisor Ireland requesting an immediate leave of absence, effective April 22, 2004. Mrs. Kim Read, custodian for the Town Hall, has some familiarity with the procedures in the Building Department and offered to assist Mrs. Valletta in keeping the Building Department functional during Mrs. Marcheterre’s absence.
At this time, Mrs. Valletta asks the Town Board consider compensating Mrs. Read for the hours she has worked as well as any future hours. There was a discussion of the need for someone in the Building Department to maintain the timely issuance of permits and other related documents. The discussion included Mrs. Read’s qualifications; the number of hours involved; the expected future hours Mrs. Read would work; the pay scale for her time; and the consideration of Civil Service requirements. A motion to compensate Mrs. Read at a rate of $10.00 per hour for the 23.5 hours she has worked and to allow compensation for up to 8 hours per week for any future work was made by Councilor Chappell and seconded by Councilor J. Ireland. The motion PASSED – AYES – 4, NAYS – 0. Voting aye – G. Ireland, Chappell, J. Ireland, and Barnett.
A motion to stop Mrs. Marcheterre’s salary during her absence was made by Councilor Chappell and seconded by Councilor J. Ireland. The motion PASSED – AYES – 4, NAYS – 0. Voting aye – G. Ireland, Chappell, J. Ireland, and Barnett.
Highway Superintendent’s Report
New Pick Up Truck
The new pick up has been ordered and will be available in July.
Paving
Moon Hill Road and Church Road will be re paved during the end of June and early July.
Spafford Landing Road
Several of the trees intended for removal along Spafford Landing Road came down due to the recent weather conditions, rain and strong winds.
Timothy Buhl,
P.E.
Mr. Buhl is still working on the engineering plans for the project on Becker Road and for the project on Spafford Landing Road.
Chain Saw
The chain saw purchased in 1986 ceased to function. There was a discussion regarding repair over purchasing a new saw. This saw has been repaired twice. It was recommended that a new chain saw be purchased.
Fire Safety
Inspection
The fire safety inspector from Life Safety Consultants, Inc. performed fire safety inspections of both the Town Hall and the Highway Garage. In the Town Hall, the evacuation maps need to be more visible and an outlet in the kitchen needs to be converted to a ground fault intercept outlet. In the Highway Garage, some of the outlets needed to be replaced with ground fault intercept outlets. Mr. Wiers has purchased the ground fault intercept outlets and will make the replacements. Mrs. Valletta will post evacuation maps near all exits from the Town Hall.
Adjournment
A motion to adjourn the meeting at 9:40 p.m. was made by Supervisor Ireland and seconded by Councilor J. Ireland. The motion PASSED - AYES - 4, NAYS - 0. Voting aye - G. Ireland, Chappell, J. Ireland, and Barnett.
Next meeting to be held Respectfully submitted by,
June 10, 2004 @ 7:30 p.m
@ Spafford Town Hall Lisa M. Valletta
There will be an half-hour open session Town Clerk
for public comment prior to the meeting. Town of Spafford