HomeMy WebLinkAboutMarch_31,_2010_Public_Hearing_&_Special Regular_Meeting[1].pdfTown of Enfield
Public Hearing and
Special Town Board Meeting Minutes
Enfield Community Building
Wednesday, March 31, 2010
6:00 p.m.
Present: Town Supervisor Roy Barriere, Town Councilperson Chris Hern, Town Councilperson Jean
Owens, Town Councilperson Debbie Teeter, Town Clerk Alice Linton, Attorney for Town of Enfield Guy
Krogh
Absent: Town Highway Superintendent Barry Rollins
Excused: Town Councilperson Stephanie Gaynor
Supervisor Barriere opened the public hearing by leading the assemblage in the Pledge of Allegiance to
the Flag.
A public hearing on the proposed Mass Gathering Law and the proposed Road Construction Law was
held Wednesday, March 31, 2010 at 6:00 p.m. at the Enfield Community Building, 182 Enfield Main
Road, Ithaca, New York with Supervisor Barriere presiding.
Supervisor Barriere read the notice of the public hearing published in the Ithaca Journal.
Mass Gathering Law
Councilperson Hern questioned what appeared to be a contradiction between the insurance requirements
in Article E and the issuance requirements in Article F. He suggested taking out the discretionary part of
Article F, Section 4. Guy Krogh suggested to change the wording in that sentence to read: In the event the
Code Enforcement Officer makes a determination of the existence of any potential liability, loss, or
expense, the Town Board, as a prior condition to the issuance of any permit, may require that the
applicant provide a bond and/or other undertaking, together with the insurance as stated in Section E, and
insurance as required above, to protect the Town from and against any such potential liability, loss, or
expense.
Councilperson Teeter asked whether the Code Enforcement Officer would be the one to make a
determination of the existence of any potential liability, loss or expense.
Several small typos were mentioned that will be corrected. A fee schedule will be attached to the
application.
Guy Krogh recommended that the Local Law authorize the restatement of a fee schedule by the Town
Board as a resolution each January.
Road Construction Law
Supervisor Barriere had asked Highway Superintendent Rollins for his comments previously. His only
concern was that we have permits in place, but we could use the county’s forms as samples to get us
started. Supervisor Barriere is working with Guy Krogh to put together a Road Preservation Law which
will marry up with the Road Construction Law, similar to what other towns in the area are working on.
Enfield Town Board Public Hearing and Special Town Board Meeting March 31, 2010
2
Councilperson Teeter mentioned that we should be working with Ag and Markets on the companion
piece, unless there is specific language that exempts agricultural operations.
Attorney Guy Krogh explained that this law is not written to stop gas drilling, but it may alert the town to
areas where drilling is planned.
Councilperson Hern asked about Section 5C. Guy Krogh explained that some roads are highways by use,
and therefore the town owns the road and owns the right-of-way but the surrounding property owners own
to the center line. So the town would technically be in a position where it would be issuing a permit to do
work on private property because the underlying land is not actually owned by the town. The idea behind
this section of the law is to show that the owner of the adjacent land says you can be on it.
Councilperson Hern also asked about Section 10B – within 20 days of the date the Permit is issued. He
felt the language should be within 20 days of the date stated upon the Permit. All agreed the change would
be appropriate.
Councilperson Teeter moved to close the public hearing at 6:45 p.m. with a second by Councilperson
Hern.
Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere,
aye.
SPECIAL TOWN BOARD MEETING MINUTES
A special Town Board meeting was held directly after the close of the public hearing with Supervisor
Barriere presiding.
Broadband support letter for Clarity Connect:
Chuck Bartosch is finishing up work on a grant and requested a letter of support. All had agreed
previously to support the grant, but Supervisor Barriere asked for a formal motion.
Councilperson Teeter moved with a second by Councilperson Hern to authorize Supervisor Barriere to
send the letter in support.
Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere,
aye.
Budget amendments for the Highway Fund:
Resolution #2010-30 BA# 2010-4
WHEREAS expenses have exceeded the budget in highway fund account line item DA5130.4 titled
Machinery Contractual, now THEREFORE be it resolved that the highway fund account DA5110.4 titled
General Repairs Contractual be decreased by $20,000.00 and highway fund account DA5130.4 titled
Machinery Contractual be increased by $20,000.00.
Supervisor Barriere moved with a second by Councilperson Owens moved to accept the budget
amendment.
Enfield Town Board Public Hearing and Special Town Board Meeting March 31, 2010
3
Discussion: Councilperson Hern asked that we look at the 2011 budget early this year so there will be
plenty of time to work on the budget.
Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere,
aye.
Resolution #2010-31 BA#2010-5
WHEREAS hearing tests are now OSHA mandated as noted by the Highway Superintendent, and
WHEREAS those funds are generally taken out of line item DA5110.4 titled Miscellaneous Expenses
according to the office of The State Comptroller, now THEREFORE be it resolved that the Highway
Fund Account DA5110.4 titled General Repairs Contractual be decreased by $500 and Highway Fund
Account DA5140.4 titled Miscellaneous Expenses be increased by $500.
Supervisor Barriere moved with a second by Councilperson Teeter to accept the budget amendment.
Discussion: The amount is based on approximately $80 per person as presented previously by Highway
Superintendent Rollins.
Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere,
aye.
Warrant amendment resolution for first quarter warrants:
Resolution #2010-32 BA#2010-6
WHEREAS the line items have been established for the Wind Farm Escrow Account and expenses related
to the Wind Farm at the March 10, 2010 General Town Board Meeting, and WHEREAS legal expenses
pertaining to the Wind Farm were incurred from January 1 through March 10, 2010 and taken out of the
General Fund Account line item A1420.4 titled Attorney Contractual, now THEREFORE be it resolved
that the following warrants and vouchers be amended as follows: Warrant #1, voucher #13 total amount
of $5,202.49 move all from line item A1420.4 titled Attorney Contractual to line item A8020.41 titled
Home Community Services Planning Contractual Escrow Account; Warrant #2, voucher #41 total amount
of $2,200.00 move all from line item A1420.4 titled Attorney Contractual to line item A8020.41 titled
Home Community Services Planning Contractual Escrow Account; Warrant #2, voucher #54 total amount
of $2,490.00 move $900.00 from line item A1420.4 titled Attorney Contractual to line item A8020.41
titled Home Community Services Planning Contractual Escrow Account; Warrant #3, voucher #85 total
amount of $1,380.00 move $540.00 from line item A1420.4 titled Attorney Contractual to line item
A8020.41 titled Home Community Services Planning Contractual Escrow Account.
Councilperson Owens moved with a second by Councilperson Hern to accept the budget amendment.
Discussion: The vouchers where only a portion was transferred are the portion from Thaler and Thaler
that is Wind Farm related.
Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere,
aye.
Enfield Town Board Public Hearing and Special Town Board Meeting March 31, 2010
4
Announcements:
Councilperson Teeter attended a meeting at TC3 on municipal preparedness for emergencies and felt we
should follow up and have an emergency plan. Councilperson Owens noted the town had worked on a
plan previously. The Town Supervisor has the authority to declare a state of emergency. The town should
be prepared to go for 3-4 days without outside help if necessary. The fire department is first responder.
Adjournment:
Councilperson Owens moved with a second by Councilperson Hern to adjourn at 7:15 p.m.
Vote: Councilperson Hern aye, Councilperson Owens aye, Councilperson Teeter aye, Supervisor Barriere,
aye.
Respectfully submitted,
Alice Linton
Town Clerk