HomeMy WebLinkAbout10-12-11 Regular Meeting.pdf
Town of Enfield
Regular Town Board Meeting Minutes
Enfield Community Building
Wednesday, October 12, 2011
6:45 p.m.
Present: Town Supervisor Roy Barriere, Town Councilperson Ron Clark, Town Councilperson
Chris Hern, Town Councilperson Jean Owens, Town Councilperson Debbie Teeter, Town Highway
Superintendent Barry Rollins, Town Clerk Alice Linton.
Supervisor Barriere opened the meeting at 6:45 p.m. by leading the assemblage in the Pledge of
Allegiance to the Flag.
Presentation on Hydraulic Fracturing by Dave Bock of Enfield Neighbors for Safe Air and Water
(ENSAW): Dave Bock thanked the board for a chance to present to the board a petition with 864
signatures by Enfield residents opposing high volume hydraulic fracturing in Enfield. He presented
graphs showing signers were from all areas of the town, of different political parties and that almost
twice as many residents signed the petition as vote.
Asa Redmond, a local business owner, spoke about his concerns for the future of Enfield if
hydraulic fracturing is allowed. He said residents that he approached to sign the petition were well
informed and eager to sign.
Norm Smith, a 48 year resident of Enfield, has read the Enfield Comprehensive Plan and noted
one of its goals is to preserve the rural character of the town and recreational assets.
Phil White, a 52 year resident of Enfield, owns a tree farm on Applegate Road. He is concerned
with the possibility of water becoming contaminated and of the damage that can be done to roads
due to hydraulic fracturing.
Yvonne VandeMark, a 46 year resident of Enfield and co-owner of Sandy Creek Trailer Park,
spoke about her concerns for possible water contamination and road damage. She stressed the
importance of looking to the future for the next generation.
Dave Bock mentioned that there were owners of 42 parcels of land currently under lease that
signed the petition, totaling almost 3,000 acres in the town. He feels this is a critical issue for the
town and time is short as it appears the DEC will be ready to issue permits early in 2012. He stated
ENSLAW is asking the Town Board to adopt a resolution inviting town attorney Guy Krogh and
David and/or Helen Slottje of the Community Environmental Defense Council to make
presentations at a public meeting so Town of Enfield residents can understand the issues.
Beth McGee of Tucker Road, whose family has lived on the same property for many generations,
hopes her children and grandchildren can enjoy and live gently on the land. She is concerned
industrial drilling in Enfield will invite dangers, pollution, road damage, high costs to residents and
changes in the nature of homes that will permanently erase the security her family has enjoyed in
Enfield for almost 200 years.
Kim Falstick has lived in Enfield Center for 15 years with property close to protected wetlands,
Enfield Creek. She is concerned that the rural character of the community is at risk.
Enfield Town Board Meeting, October 12, 2011 2
Privilege of the Floor: Joanna Green of Woodard Road spoke regarding the residents who
signed the petition regarding hydraulic fracturing. She stated few people did not want to sign – she
found overwhelming support by those she visited.
Approval of Minutes: Councilperson Teeter moved, with a second by Councilperson Hern to
accept the minutes of the September 14, 2011 regular town board meeting and the September 22
special town board meeting.
Vote: Councilperson Clark aye, Councilperson Hern aye, Councilperson Owens aye,
Councilperson Teeter aye, Supervisor Barriere abstain. Carried
Correspondence: Invitation to the 92nd Veterans Parade for Tompkins County, Sunday, November
6, 2011 at 2:00 p.m. and 92nd Veterans Day Ceremony in Dewitt Park, Friday, November 11, 2011
at 11:00. The organizers are looking for participants from Enfield.
Notice of Ithaca-Tompkins County Transportation Council meeting to be held October 18, 2011 at
737 Willow Avenue from 2-4 p.m.
Resolution #2011-31
RESOLUTION TO AMEND WARRANT #9
WHEREAS, voucher #4 for warrant #9 of the H-Fund was a duplicate payment already approved in
warrant #8, now therefore be it
RESOLVED, that warrant #9 of the H-Fund be amended to delete voucher #4 and reduce the total
sum of all vouchers approved in warrant #9 of the H-Fund by $12,186.98.
Resolution #2011-31 was moved by Supervisor Barriere and seconded by Councilperson Owens.
Vote: Councilperson Clark aye, Councilperson Hern aye, Councilperson Owens aye,
Councilperson Teeter aye, Supervisor Barriere aye. Carried
Audit Claims: Councilperson Clark moved, with a second by Councilperson Teeter to authorize
the supervisor to pay General Fund vouchers #262 to #284 dated October 12, 2011 in the amount
of $7,861.38, Highway Fund vouchers #159 to #164 dated October 12, 2011 in the amount of
$3,740.95 and H-Fund vouchers #12 to #21 dated October 12, 2011 in the amount of $226,694.85.
Vote: Councilperson Clark aye, Councilperson Hern aye, Councilperson Owens aye,
Councilperson Teeter aye, Supervisor Barriere aye. Carried
Supervisor Barriere mentioned the H-Fund is the bond money for the new highway facility.
County Legislator’s Report: No report.
Highway Superintendent’s Report: Highway Superintendent Buddy Rollins reported rain and
leaves have slowed down work, but he hopes to oil and stone Harvey Hill Road, Fish Road and ½
mile on Enfield Center Road, along with Hubbell Drive. Ditching will continue until it snows.
Superintendent Rollins asked the board if they would like him to purchase an air compressor for
the new facility. He obtained 3 price quotes and found the best price, with a good warranty, was for
an Ingersoll Rand 7 ½ hp air compressor with an 80 gallon tank for $2,000 at TSC.
Enfield Town Board Meeting, October 12, 2011 3
Supervisor Barriere moved, with a second by Councilperson Teeter to authorize Highway
Superintendent Rollins to purchase the desired air compressor at Tractor Supply Company.
Vote: Councilperson Clark aye, Councilperson Hern aye, Councilperson Owens aye,
Councilperson Teeter aye, Supervisor Barriere aye. Carried
Highway Superintendent Rollins mentioned the building at the old highway facility around the fuel
tanks will need to be moved, at least partially, for the fuel tanks to be removed. His crew can take
the building apart and move it to the new facility.
Councilperson Owens will check to see if the building should be moved to the new facility.
Code Enforcement Officer’s Report: Alan Teeter reported that for the month of September there
were 8 new building permits issued, bringing the year to date total to 45. There were 2 certificates
of occupancy issued, 2 certificates of completion issued and 10 inspections completed. There
were 8 progress checks and 2 meetings with owners/builders. There were 2 valid complaints
received, and 1 letter of voluntary compliance sent. There was 1 fire inspection for a public
assembly completed.
Committee Reports:
Planning Board: Councilperson Clark reported the committee went over the site plan
review as there were some agriculture issues raised. Parts of the plan will be assigned to each
committee member to delve into issues further. Town attorney Guy Krogh had some comments
also.
Health Insurance Consortium: No report.
Enfield Community Council: Ann Rider, ECC treasurer, thanked Rhoda Linton for her
work in starting the Community Council 38 years ago. The Council continues to sponsor adult
recreation activities and 4th-5th grade basketball programming. The Enfield Harvest Festival was
held September 18 and the report for the Celebrations Grant is almost completed. The fall school
programming has begun. Next year’s county budget looks grim, especially for youth programming.
Enfield Volunteer Fire Company: The third quarter financial report was received. The
EVFC is funding the Enfield after school basketball program.
Facilities Manager: Councilperson Hern reported the furnaces in the Town Hall and
Community Building are scheduled for annual servicing this week. He will look into a replacement
storm window for the clerk’s office. Highway Superintendent Buddy Rollins mentioned the fuel oil
tank for the Town Hall furnace has been filled.
Communication Access Committee: No meeting was held.
Facilities Development: Councilperson Owens reported the project is going well and is
coming in under budget. The work is scheduled to be completed by the end of the month.
Everyone has worked together and the project has been very smooth.
Personnel Committee: No report.
Tompkins County Council of Governments: Supervisor Barriere reported the Tompkins
County Area Development Council would like towns to increase their funding. We now budget
Enfield Town Board Meeting, October 12, 2011 4
$750 a year. Councilperson Teeter mentioned the group is not interested in funding agriculture
projects. TCCOG heard a presentation by the Susquehanna River Basin group.
Old Business:
Update on Facility Consolidation Plan: Councilperson Teeter reported Chuck Fezali of
Resource Associates is working on numbers for possible uses for the facilities.
Update on 5-Year Facilities Development Plan: Councilperson Owens reported we are
waiting for figures from Chuck Fezali of Resource Associates on this matter also.
Update on Road Preservation Plan: Supervisor Barriere spoke with Guy Krogh, town
attorney, regarding a Town Road Preservation Plan similar to what the county has passed. His
cost to put this together would be about $1,500, which would include a Road Use Agreement.
Supervisor Barriere would like Highway Superintendent Rollins and several board members to sit
down with Guy Krogh to discuss this. We would want the engineering to be done right before the
project starts so the developer would foot the bill.
Councilperson Teeter asked if we could work with other towns to share the cost of Guy Krogh’s
work.
Supervisor Barriere responded we could possibly work with Caroline.
Councilperson Owens mentioned this Road Preservation Plan will be needed before the wind farm
project starts.
Update on Dog Control Budget: No updates.
New Business:
Move tentative budget to preliminary budget and set public haring for the preliminary
budget: Supervisor Barriere explained in his preliminary budget there are no salary increases, a
decrease in the Code Enforcement Officer’s hours, a reduction in the hours of the Deputy Town
Clerk and a reduction in the attorney line. Line item 1620.41 is new which breaks out the actual
bond payment. There are two increases: employee retirement and worker’s compensation. As it
stands now, the preliminary budget would mean a tax levy increase of 2.96%. The funds set aside
for new buildings have been decreased to $10,000. The highway fund has a decrease in
equipment reserve from $46,000 to $30,000. A public hearing on the preliminary budget needs to
be held by the end of October.
Councilperson Owens moved, with a second by Councilperson Teeter to accept the tentative
budget, as presented, as the preliminary budget and set a public hearing date and time of
Tuesday, October 25 at 6 p.m.
Discussion: Councilperson Teeter saw no other places to make changes. Councilperson Hern
asked if we need two justices. Supervisor Barriere replied he will look into that for the future, but it
can’t be changed this year.
Vote: Councilperson Clark aye, Councilperson Hern aye, Councilperson Owens aye,
Councilperson Teeter aye, Supervisor Barriere aye. Carried
Enfield Town Board Meeting, October 12, 2011 5
Set public hearing for proposed local law allowing the Town to exceed the 2012 levy limit as
it pertains to the NYS 2% Tax Cap Law
Supervisor Barriere explained we are very close to the tax cap set by New York State. However,
since we are very close and the formula is complicated, he recommends passing a local law to
cover the town in case there is a small discrepancy in our figures. Also, if after the public hearing it
is determined the budget should be raised, this would cover that possibility. This proposed local
law has been sent to our attorney Guy Krogh. If a public hearing is held immediately following the
public hearing for the budget, the board could decide at a later time whether to adopt this law or
not.
Councilperson Teeter moved, with a second by Councilperson Hern to hold a public hearing on this
proposed local law to override the tax levy limit established in General Municipal Law section 3-C
on October 25, 2011 immediately following the public hearing on the Town of Enfield budget.
Vote: Councilperson Clark aye, Councilperson Hern aye, Councilperson Owens aye,
Councilperson Teeter aye, Supervisor Barriere aye. Carried
Discuss the EVFC contract – possible extension: Supervisor Barriere approached both
the Enfield Community Council and the Enfield Volunteer Fire Company to see if it was possible for
them to reduce their budget. If this were to happen, their contracts would need to be amended. At
this time, both are under a five year contract. The ECC is in their third year, and nothing has been
received from them indicating they can reduce their contract. The EVFC did send a letter from
Dennis Hubbell, president, stating that financially they are unable to decrease the percentage and
understands the town cannot increase the percentage. They are interested in renewing for another
five years which would help with long range financial planning through 2016 – currently their
contract ends in 2014. The EVFC Board of Directors would be willing to sign a new five year
contract changing only the dates of the term, while leaving the annual percentage increase at 2%.
The term would begin January 1, 2012 and run through December 31, 2016.
Supervisor Barriere explained the board has two options: keep the contract as is through 2014 or
do another 5 year contract and extend it until 2016 at 2%. No decision has to be made this month.
Resolution presented by ENSAW:
Supervisor Barriere explained this resolution was presented from the ENSAW Committee. Guy
Krogh, town attorney, was contacted and will be available to come for a presentation to the board
to advise the board as to what it can do – what are the options.
Helen Slottje, with the Community Environmental Defense Council, explained that Guy Krogh
consults with them so he is technically the Slottje’s lawyer, as what they do is run by him. So the
town can pay Guy Krogh to attend, or the Slottjes will attend for free. The Slottjes can give a
presentation and if the town then has questions, they can run those by Guy Krogh. Options would
be presented and the town could then decide what they want to go with.
Supervisor Barriere asked if sample laws are available that would work for Enfield.
Helen Slottje responded that each town is different. Roads are mapped and the law is tied to the
Comprehensive Plan. Examples of laws from other towns are available. The point of the
presentation is to present options and explain how they work legally and see what sounds best for
Enfield. A draft would then be put together for the board to look at.
Enfield Town Board Meeting, October 12, 2011 6
Councilperson Owens would like to have Guy Krogh present as there will be interaction and, since
he represents the interest of the town, he could answer questions that the board might have.
Councilperson Teeter agreed that she would like Guy Krogh to be present.
Resolution #2011-32
WHEREAS, Enfield citizens have presented the Enfield Town Board with a petition bearing over
860 witnessed signatures of adult residents and landowners, stating:
“We the undersigned residents and landowners of the Town of Enfield, urge the Town Board to
ban gas extraction using high-volume, slickwater, hydraulic fracturing in the Town of Enfield. The
methods used and the intensity of industrial development threaten our clean air, clean water, soil,
rural landscapes, and health, as well as our social and economic well-being”; and
WHEREAS, in Tompkins County alone, the Towns of Danby, Dryden, Ithaca, and Ulysses have
already passed local ordinances prohibiting high-volume hydraulic fracturing; and
WHEREAS, there are important legal questions with respect to the Town’s rights and risks in taking
such action,
BE IT RESOLVED THAT the Town Board hereby instructs the Town Supervisor to invite both the
Town’s attorney Guy Krogh and David and/or Helen Slottje of the Community Environmental
Defense Council to make presentations exploring legal issues inherent in the possible adoption of
a local law that would prohibit within the Town unconventional gas drilling and associated high-
impact activities, including but not limited to: high-volume hydraulic fracturing, injection wells for the
disposal of hydraulic fracturing waste, treatment plants to process waste from hydraulic fracturing,
natural gas compressor stations, and hydraulic fracturing chemical storage and processing
facilities.
Supervisor Barriere moved Resolution #2011-32 as written, with a second by Councilperson
Owens.
Discussion: Councilperson Teeter would like to strike the natural gas compressor stations clause
because this petition deals only with hydraulic fracturing, not natural gas compressor stations.
Supervisor Barriere stated that could be eliminated if it was ok with all board members.
Councilperson Hern mentioned that the resolution is only to talk about the possibilities.
Councilperson Teeter would also like to leave open the possibility of having other attorneys involved in
this matter and speak to us. Following Community Environmental Defense Council add “and/or other
experienced/knowledgeable attorneys”.
The board decided to leave “natural gas compressor stations” as written.
Councilperson Owens questioned the mechanics of the presentation: will the public be invited and
what spaces will this entail.
Supervisor Barriere stated the location and date will be confirmed before notifying the public of the
presentation. He will also check with Guy Krogh for his availability.
Vote: Councilperson Clark aye, Councilperson Hern aye, Councilperson Owens aye,
Councilperson Teeter aye, Supervisor Barriere aye. Carried
Enfield Town Board Meeting, October 12, 2011 7
Announcements:
Volunteer of the Month: Susan Thompson was nominated for her volunteer work as the
town historian and town webmaster by Alice Linton. Sue has written articles for the Enfield
Newsletter, worked with groups of students, and answered questions from the public on Enfield’s
history. She has been the town webmaster since 2005 and has always responded promptly to
requests for adding information to the site, including town board minutes, meeting notices, and
town newsletters.
Adjournment: Supervisor Barriere moved, with a second by Councilperson Owens to
adjourn at 8:20 p.m.
Respectfully submitted,
Alice M. Linton
Enfield Town Clerk