HomeMy WebLinkAboutTown-Board-Minutes 2013 11 13.pdf
Town of Enfield
Regular Town Board Meeting Minutes
Enfield Community Building
Wednesday, November 13, 2013
6:30 p.m.
Present: Town Supervisor Ann Rider, Town Councilperson Mike Carpenter, Town Councilperson
Chris Hern, Town Councilperson Vera Howe-Strait, Town Councilperson Debbie Teeter, Town
Highway Superintendent Barry Rollins, Town Clerk Alice Linton.
Supervisor Rider opened the meeting at 6:30 p.m. by leading the assemblage in the Pledge of
Allegiance to the Flag.
Privilege of the Floor: Beth McGee of 173 Tucker Road stated she felt it was not a responsible move
for the town board to include salary increases for elected officials in the budget when they are looking
at a tax cap override.
Approval of Minutes: Councilperson Teeter moved, with a second by Councilperson Howe-Strait, to
approve the minutes of the October 9, 2013 meeting.
Vote: Councilperson Carpenter aye, Councilperson Hern abstain, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried.
Councilperson Teeter moved, with a second by Councilperson Carpenter, to approve the minutes of
the October 30, 2013 public hearings and special budget working session.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait abstain,
Councilperson Teeter aye, Supervisor Rider aye. Carried.
Supervisor Rider stated she would be adding an item to new business: Changing Waste Removal
Companies.
Correspondence: Letter from NYSEG with service classification information.
Letter from NYS Ag and Markets stating the SPCA was out of compliance for not obtaining assigned
dog license numbers from municipalities when the SPCA forwarded payment for same.
Budget Amendments: Supervisor Rider moved, with a second by Councilperson Teeter to adopt
Budget Amendment #2013-10.
Budget Amendment #2013-10
WHEREAS, expenses have exceeded the budget in the General Fund Account, line item A1420.4,
titled “Attorney - Contractual”, now therefore be it
RESOLVED, that the General Fund Account, line item A9710.6, titled “Serial Bond Payment”, be
decreased by $3,000.00 and General Fund Account, line item A1420.4, titled “Attorney -
Contractual”, be increased by $3,000.00.
Discussion: Supervisor Rider explained due to the Black Oak Wind Farm and a landlord problem,
legal fees were more than expected for this year.
Enfield Town Board Regular Meeting, November 13, 2013 2
Councilperson Teeter stated she felt Black Oak Wind Farm costs were to go through an escrow
account and be paid by the Black Oak Wind Farm.
Supervisor Rider stated that is true, but this expense is for our town attorney who on certain occasions
during the past 10 months was asked to be present, in addition to our attorney for wind farm matters.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried.
Supervisor Rider moved, with a second by Councilperson Teeter to adopt Budget Amendment #2013-
11.
Budget Amendment #2013-11
WHEREAS, expenses have exceeded the budget in the General Fund Account, line item A1910.4,
titled “Unallocated Insurance”, now therefore be it
RESOLVED, that the General Fund Account, line item A9710.6, titled “Serial Bond Payment”, be
decreased by $1,000.00 and General Fund Account, line item A1910.4, titled “Unallocated
Insurance”, be increased by $1,000.00.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried.
Supervisor Rider moved, with a second by Councilperson Teeter to adopt Budget Amendment #2013-
12.
Budget Amendment #2013-12
WHEREAS, expenses have exceeded the budget in the General Fund Account, line item A1110.210,
titled “Justices – Equipment” now therefore be it
RESOLVED, that the General Fund Account, line item A1110.22 titled “Justices - JCAP Grant” be
decreased by $158.96 and General Fund Account, line item A1110.210, titled “Justices - Equipment
be increased by $158.96.
Discussion: Supervisor Rider stated this expense was covered by a grant Justice Poole had received.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried.
Supervisor Rider moved, with a second by Councilperson Teeter to adopt Budget Amendment #2013-
13.
Budget Amendment #2013-13
WHEREAS, expenses have exceeded the budget in the General Fund Account, line item A1110.4,
titled “Justices – Contractual” now therefore be it
Enfield Town Board Regular Meeting, November 13, 2013 3
RESOLVED, that the General Fund Account, line item A1110.22 titled “Justices - JCAP Grant” be
decreased by $669.80 and General Fund Account, line item A1110.4, titled “Justices - Contractual be
increased by $669.80.
Discussion: Supervisor Rider stated this expense was covered by a grant Justice Poole had received.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried.
Supervisor Rider moved, with a second by Councilperson Teeter to adopt Budget Amendment #2013-
14.
Budget Amendment #2013-14
WHEREAS, expenses have exceeded the budget in the General Fund Account, line item A1220.41,
titled “Supervisor - Contractual”, now therefore be it
RESOLVED, that the General Fund Account, line item A1450.4, titled “Elections - Contractual”, be
decreased by $600.00 and General Fund Account, line item A1220.41, titled “Supervisor -
Contractual”, be increased by $600.00.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried.
Supervisor Rider moved, with a second by Councilperson Teeter to adopt Budget Amendment #2013-
15.
Budget Amendment #2013-15
WHEREAS, expenses have exceeded the budget in the General Fund Account, line item A1220.42,
titled “Supervisor - Contractual (Bookkeeper)”, now therefore be it
RESOLVED, that the General Fund Account, line item A9710.6, titled “Serial Bond Payment”, be
decreased by $500.00 and General Fund Account, line item A1220.42, titled “Supervisor - Contractual
(Bookkeeper)”, be increased by $500.00.
Discussion: Supervisor Rider stated the bookkeeper's printer failed and had to be replaced.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried.
Audit Claims: Councilperson Howe-Strait moved, with a second by Councilperson Hern to authorize
the supervisor to pay General Fund vouchers #273 to #313 dated November 13, 2013 in the
amount of $17,002.10 and Highway Fund vouchers #189 to #207 dated November 13, 2013 in the
amount of $31,894.84.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried.
County Legislator's Report: No representative was present.
Enfield Town Board Regular Meeting, November 13, 2013 4
Highway Superintendent's Report: Highway Superintendent Rollins reported Fish Road is now
open. The Town of Ithaca helped with their excavator. The crew is getting ready for winter service.
Harvey Hill Road work continues. The wall is set for Hubbell Drive and ready to backfill. The county
set the rock. Resident’s yards will be filled with ditch dirt and crusher run will be used on the
turnaround at Hubbell Drive.
Code Enforcement Officer's Report: Code Enforcement Officer Alan Teeter reported for October
there were 11 building permits issued or renewed with 1 being for a new home, which brings the total
for the year to 62. There was 1 certificate of occupancy issued, 2 certificates of completion issued, and
1 certificate of compliance issued. There were 10 inspections completed, 16 progress checks, and 1
valid complaint received and resolved. There were 2 fire and safety inspections completed and 1
house number sign installed. He has signed up for a NYSERTA workshop on December 2. If the town
adopts the NYSERTA solar permitting process, we will receive up to $2,500.
Supervisor's Report: Supervisor Rider reported she attended a road use meeting with Black Oak
Wind Farm, Dan Walker and Highway Superintendent Rollins and attended the monthly TCCOG
meeting. She conferred with the Association of Towns regarding the 2014 town budget, with the State
Comptroller's Office regarding the tax levy limit, and spoke with the NYS Retirement System
regarding the town's bill for 2014. She attended 2 professional development sessions and a county
meeting regarding animal control issues.
Committee Reports:
Planning Board: Planning Board Chairperson Virginia Bryant stated the board is on the cusp of a
final draft of the Comprehensive Plan. More statistics are needed and she has asked committees to
finish their work.
Health Insurance Consortium: No recent meeting.
Enfield Community Council: No representative present.
Recreation Partnership: No report.
County Youth Board: Representative Marnie Kirchgessner reported she will be resigning as of
December 31, 2013 and would like the town board to appoint someone to take her place.
Enfield Volunteer Fire Company: No report.
Facilities Manager: Councilperson Hern stated 2 new windows have been installed at the town hall to
replace the single pane windows that were in poor condition. A new fuel tank has been installed inside
the garage area, so the old fuel tank can now be removed. He will look into how best to have the tank
removed.
Communications Access Committee: Councilperson Hern stated the committee has not met, but noted
that Haefele TV was doing work on Black Oak and Griffin Roads. Beth McGee felt it might be useful
for this committee to continue next year and give reports on broadband.
Aquifer Study Fundraising Group: Nancy Spero stated there is a matching grant for $1,000, but only if
the goal can be reached by the end of the year.
Enfield Town Board Regular Meeting, November 13, 2013 5
Facilities Development: Councilperson Hern stated, to his knowledge, there have been no meetings
held this year. Supervisor Rider would like to move forward on this matter starting in January.
Personnel Committee: No report.
TC Council of Governments: Supervisor Rider reported deer management was discussed at the last
meeting. Councilperson Teeter attended a meeting regarding the deer situation where there was
discussion on damage done by deer and how land owners and hunters can find each other, with some
sort of screening process.
Old Business:
Adoption of a Local Law to Override the Tax Levy Limit:
Supervisor Rider moved, with a second by Councilperson Teeter to adopt Local Law #2 of 2013.
Local Law #2 of 2013
TOWN OF ENFIELD
LOCAL LAW # 2 FOR THE YEAR 2013
A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED
IN GENERAL MUNICIPAL LAW §3-C
Be it enacted by the Town Board of the Town of Enfield as follows:
Section 1. Legislative Intent: It is the intent of this local law to override the limit on the amount
of real property taxes that may be levied by the Town of Enfield pursuant to General Municipal Law §3-c,
and to allow the Town of Enfield to adopt a budget for the fiscal year beginning January 1, 2014 and
ending December 31, 2014 that requires a real property tax levy in excess of the “tax levy limit” as
defined by General Municipal Law §3-c.
Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General Municipal
Law §3-c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a
local law approved by vote of at least sixty percent (60%) of the town board.
Section 3. Tax Levy Limit Override: The Town Board of the Town of Enfield, County of
Tompkins is hereby authorized to adopt a budget for the fiscal year 2014 that requires a real property tax
levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.
Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of this Local
Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by
any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy in which such judgment or order
shall be rendered.
Section 5. Effective date: This local law shall take effect immediately upon filing with the
Secretary of State.
Enfield Town Board Regular Meeting, November 13, 2013 6
Discussion: Supervisor Rider stated passing the law would be a precautionary measure. If the budget
goes over the tax cap, there would be severe penalties.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried.
New Business:
Adoption of 2014 Final Budget:
Supervisor Rider stated she felt it was bad practice to have a raise for employees but not elected
officials. The budget, as presented, would mean a $43.60 increase for a property assessed at
$128,000, which is the average property assessment in the Town of Enfield. She felt her predecessors
did a disservice to the town during the years they had a 0% increase in the budget. It has made it very
difficult for the town to keep up with raising expenses now.
Councilperson Teeter feels everyone should share in the cost of services, not just employees. She also
feels it is important for anyone who serves in the town to be paid commiserate for the work they do.
Although some can afford not to get adequate compensation, it will exclude an economic class of
people who cannot afford to work for next to nothing who would like to serve the town.
Supervisor Rider moved with a second by Councilperson Teeter to adopt Resolution #2013-35.
RESOLUTION #2013-35 CHANGES MADE FROM THE 2014 PRELIMINARY
BUDGET TO THE FINAL BUDGET
WHEREAS, new information has been gathered during the budgeting process, the following
changes were made in line items to the 2014 Final Budget:
General Fund Expenditures
A1110.1 reduced by $5,625.00
A1220.13 reduced by 586.00
A1480.4 reduced by 400.00
A5010.1 reduced by 9.88
A7550.4 reduced by 1,600.00
A7555.1 reduced by 600.00
A7555.4 reduced by 1,250.00
General Fund Estimated Revenues
A1001 increased by $22,279.00
A2705 decreased by 5,000.00
A4989 decreased by 3,450.00
Unexpended balance decreased by 25,000.00
The amount of taxes that need to be raised will be $1,041,186.88. This is $22,299.10 more than in the
Preliminary Budget.
WHEREAS, the Town of Enfield Board wants to present a full and realistic 2014 budget to the
residents of Enfield, now
Enfield Town Board Regular Meeting, November 13, 2013 7
THEREFORE, BE IT RESOLVED that the above changes be incorporated into the 2014 Final
budget.
Discussion: Councilperson Carpenter stated this budget was in keeping with other towns our size.
Caroline and Danby both have about a 5% increase. Some towns have cut highway funds, which we
didn't do. He would like the board, over the next year, to think about increased costs of highway
equipment and start developing a plan early in the year.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried.
Supervisor Rider moved, with a second by Councilperson Teeter to adopt the 2014 preliminary budget
as the 2014 final budget with the changes stated in Resolution #2013-35.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried.
Call for vitas to fill Planning Board Vacancies:
Supervisor Rider stated due to Planning Board Chair Virginia Bryant being elected to the town board
and the ending of Marie VandeMark’s term, there will be 2 openings on the Planning Board as of
January 1, 2014. The replacement for Virginia's term would be for 3 years and Marie's for 7 years. She
is asking anyone who is interested in serving on the board to submit notice of their interest to her by e-
mail or hard copy at the town clerk’s office by the first Wednesday of December.
Councilperson Carpenter stated a 7 year term can be daunting to anyone wishing to join the board. It
is a little problematic keeping track of when everyone's term ends also. He suggested a shorter term
might work better.
Beth McGee checked the New York State website which states the term is based on the number of
members on the board. There is 1 agriculture representative required to be on the board.
Councilperson Hern stated the number of Planning Board members could be changed to 5 and then
the terms would be 5 years long.
Supervisor Rider stated there could be a committee assigned next year to look into this matter.
Councilperson Teeter moved with a second by Councilperson Hern to adopt Resolution #2013-36 and
authorize Town Clerk, Alice Linton, to sign the Agreement with DECALS, and authorize the Deputy
Town Clerk to be the Assistant Licensing Agent.
Resolution to Authorize Entering Agreement with DECALS:
Resolution #2013-36 Authorization to Enter Into Agreement with New York State
Department of Environmental Conservation for Automated Licensing System and Appointing a
Licensing Agent and Assistant Licensing Agent
WHEREAS, the New York State DEC is authorized by § 11-0713 of the Environmental
Conservation Law, and applicable DEC rules and regulations, to appoint agents to issue licenses for
the privilege of hunting and fishing in New York State; and
Enfield Town Board Regular Meeting, November 13, 2013 8
WHEREAS, the Town Clerk of the Town of Enfield was previously appointed as the License Issuing
Agent for the Town of Enfield; and
WHEREAS, the License Issuing Agent has applied to the Department for appointment as such a
License Issuing Agent and the DEC has determined that the License Issuing Agent is qualified to be
appointed as a License Issuing Agent and has submitted a contract pertaining to the license issuing
responsibilities, functions, and authorities, which contract contains the following material terms:
1. DEFINITIONS
As used in this Agreement, the following terms shall have the meaning provided herein:
License Issuing Agent – shall mean both the License Issuing Agent and the License Issuing
Officer as provided in 6 NYCRR § 177.1 (f) and (g) of the Department regulations and shall also
mean the duly appointed owner, municipal clerk, or manager set forth above.
Assistant License Issuing Agent – shall mean the individual appointed by the Licensing Issuing
Agent to receive Department sponsored training for the purpose of issuing sportsman licenses and to
be the point of contact of any Department inquires.
Approved Location – shall mean the business’ or municipality’s address as set forth in the
beginning of this Agreement.
2. APPOINTMENT
A. The Department hereby appoints the License Issuing Agent and their duly appointed
Assistant License Issuing Agent to be an agent issuing hunting, trapping, and fishing licenses at the
approved location.
B. The License Issuing Agent for the Town of Enfield shall be Alice Linton, Town Clerk, and
she hereby appoints Susan Thompson, Deputy Town Clerk as the Assistant License Issuing Agent.
3. DEPARTMENT REPRESENTATIONS
The Department hereby agrees that it will:
A. Provide the License Issuing Agent with a license printer (and necessary supplies) at the
approved location for the sale and reporting of hunting and fishing licenses and provide necessary
support for the printer.
B. Pay a commission to the License Issuing Agent for each license sold as prescribed in
Department laws, rules and regulations.
C. Provide appropriate training and training materials to the License Issuing Agent, including a
toll free telephone “help desk” service to answer questions and assist with problems.
D. Provide informational materials for use at the approved location for the License Issuing
Agent and their authorized employees to distribute to hunters, anglers, etc., regarding regulatory
requirements for all authorized licenses issued.
4. AGENT REPRESENTATIONS
The Agent hereby agrees that it will:
A. Provide authorization attached hereto as Attachment “A” for the Department to access a bank
account for electronic fund transfers to pay for all licenses sold. Fund transfers shall be scheduled on
a regular basis as determined by the Department.
B. Provide reasonable and necessary security to protect equipment and supplies from damage
and unauthorized use.
C. Ensure that all Department license issuing equipment is maintained in good working
condition and returned to the Department when license sales are no longer provided at the approved
location.
D. Pay all amounts due to the Department. Failure to maintain an adequate balance in the
License Issuing Agent’s account may result in immediate termination of this Agreement.
E. The License Issuing Agent must provide a compatible computer system including a plain
paper printer and access to the internet at no charge to the Department.
Enfield Town Board Regular Meeting, November 13, 2013 9
F. The License Issuing Agent agrees that it will indemnify and save harmless the Department
and the State of New York from and against all losses from claims, demands, payments, suits, actions,
recoveries and judgments of every nature and description brought or recovered against it in a court of
competent jurisdiction, to the extent such loss is attributable to a negligent omission or tortuous act of
the License Issuing Agent, its agents or employees in the performance of this Agreement.
G. The License Issuing Agent is solely responsible for the supervision and direction of the
performance of this Agreement by the Assistant License Issuing Agent and other authorized license
issuing employees other than as specifically provided herein.
5. AGENT RESPONSIBILITY
A. General Responsibility: The License Issuing Agent shall at all times during the Agreement
term remain responsible. The License Issuing Agent agrees, if requested by the Commissioner or his
or her designee, to present evidence of its continuing legal authority to do business in New York State,
integrity, experience, ability, prior performance, and organizational and financial capacity.
B. Suspension of Work (for Non-Responsibility): The Commissioner or his or her designee, in
his or her sole discretion, reserves the right to suspend any or all activities under this Agreement, at
any time, when he or she discovers information that calls into question the responsibility of the
License Issuing Agent. In the event of such suspension, the License Issuing Agent will be given
written notice outlining the particulars of such suspension. Upon issuance of such notice, the License
Issuing Agent must comply with the terms of the suspension order. Agreement activity may resume at
such time as the Commissioner or his or her designee issues a written notice authorizing a resumption
of performance under the Agreement.
6. LICENSE ISSUING CONDITIONS
A. All licenses authorized to be sold pursuant to this Agreement may only be sold by the
Assistant License Issuing Agent or authorized employees of the License Issuing Agent at the
approved location set forth in this Agreement.
B. All employees authorized to issue licenses by the License Issuing Agent pursuant to
paragraph “A” of this section, shall be appropriately trained in the use of the license issuing system by
the Assistant License Issuing Agent prior to using the issuance system.
C. The Assistant License Issuing Agent must receive recurring training sponsored by the
Department at least once every three years or sooner as circumstances warrant as determined by the
Department.
D. The License Issuing Agent and its employees who are authorized to issue licenses pursuant to
this Agreement must abide by the New York State Regulations 6 NYRRP Part 177
(www.dec.ny.gov/regs/3936.mtml) and 6 NYCRR Part 183 (www.dec.ny.gov/regs/393l.html).
E. All personal data provided by customers shall be kept confidential to the extent required by
Law.
F. All documents considered returnable documents as well as all voided licenses for which credit
is requested must be returned to the Department within one month of the transaction.
G. All funds received from the sale of licenses, less the commission fee established by the
Department, will be held in trust for the Department. Monies collected from the sale of licenses are
Department funds and any other use of such funds is prohibited. The License Issuing Agent accepts
the responsibility and duties of trustee for all funds collected for the benefit of the Department under
this Agreement.
H. No license may be sold for a fee in excess of or less than the amount established by the
Department.
I. The complete catalog of sportsman licenses must be available for sale at the License Issuing
Agent’s approved location as designated in this Agreement.
7. USE OF EQUIPMENT AND SUPPLIES
Enfield Town Board Regular Meeting, November 13, 2013 10
A. Supplies and equipment assigned to the License Issuing Agent for the printing of licenses are
to be used for that purpose only, unless prior approval for such use is provided by the Department.
Equipment is not transferable to other license issuing agent locations.
B. In the event that defective equipment is replaced, the License Issuing Agent shall return the
defective equipment immediately to the specified repair center. The License Issuing Agent shall pay
for any such equipment not returned, or equipment that shows obvious abuse. Failure to remit
payment for abused or unreturned equipment may result in the immediate termination of this
Agreement.
8. CHANGE IN OWNERSHIP
In the event of a change in ownership of the License Issuing Agent’s business, the Department must
be notified 30 days in advance of any such change, and this Agreement becomes immediately
terminated at the time of such change in ownership. At the time of termination, all Department-
provided licensing equipment must be returned to the Department or the Department’s representative.
The License Issuing Agent’s appointment is not transferable and shall apply only to the License
Issuing Agent’s appointment to sell hunting and fishing licenses.
9. CHANGE IN MUNICIPAL CLERK
In the event of a change in municipal clerk from that who entered into this Agreement, the Department
must be notified within 30 days of such change and this Agreement will become void at the time of
such change. To avoid a disruption in service, a new Agreement should be submitted in advance of
such change signed by the new municipal clerk. If the municipality intends to submit a new
Agreement, Department-provided equipment does not need to be returned.
10. COMPLIANCE INSPECTIONS
The Department reserves the right to inspect the approved location for the purpose of determining
compliance with this Agreement.
11. TERMINATION
In addition to any termination event appearing elsewhere in this Agreement, or provided in the
applicable Department regulations, the following shall apply:
A. This Agreement may be terminated for cause if the Department determines that any false
statements or omissions were made on the License Issuing Agent’s application.
B. This Agreement may be terminated for cause for failure to comply with the terms of the
Agreement at any or all approved locations at any time by the Department.
C. Either party may terminate this Agreement for convenience by 15 days written notice to the
other party.
D. In the event of termination of this Agreement, the License Issuing Agent shall pay for all
licenses sold and not previously paid for and return all equipment and supplies to the Department
within 30 days of such termination.
E. Termination for Non-Responsibility: Upon written notice to the License Issuing Agent, and
a reasonable opportunity to be heard with appropriate Department officials or staff, the Agreement
may be terminated by the Commissioner or his or her designee at the License Issuing Agent’s expense
where the License Issuing Agent is determined by the Commissioner or his or her designee to be non-
responsible. In such event, the Commissioner or his or her designee may complete the contractual
requirements in any manner he or she may deem advisable and pursue available legal or equitable
remedies for breach.
F. In the event of a change in the appointment of the Assistant License Issuing Agent, the
License Issuing Agent shall notify the Department of such change within 15 business days by
submitting to the Department a completed revised License Issuing Agent Application Form attached
hereto as Attachment “B” which shall provide, among other things, the name and title of the newly
appointed Assistant Licensing Issuing Agent. In the Department’s sole discretion, this agreement may
be suspended or terminated in the event the Department is not notified of any change in appointment
of the Assistant License Issuing Agent as provided herein.
Enfield Town Board Regular Meeting, November 13, 2013 11
12. TERM
This Agreement shall remain in effect from the date execution until such termination.
13. APPLICABLE LAWS
A. This Agreement shall be governed by the laws of the State of New York.
B. All licenses shall be issued in accordance with the provisions of the New York Codes, Rules
and Regulations of the State of New York (http://www.dec.ny.gov/regs/2494.html) and New York
State Law and the policies and procedures of the Department.
14. TOTAL AGREEMENT
This Agreement together with any laws, documents and instruments herein referenced, shall constitute
the entire agreement and any previous communication pertaining to this Agreement is hereby
superseded.
15. CONTRACT AMENDMENT
Any agreement revisions, including payment adjustments or time extensions, shall be made by a
written amendment to the agreement, signed by both parties.
WHEREAS, upon due consideration thereupon, the Town Board of the Town of Enfield has hereby:
RESOLVED, that Alice Linton, Town Clerk, be and hereby is affirmed and reappointed as the
License Issuing Agent for the Town of Enfield, Tompkins County, New York; and it is further
RESOLVED, that the agreement with NYSDEC be and hereby is authorized and approved, and that
the Town Clerk be and hereby is authorized to execute the New York State Department of
Environmental Conservation (DEC) License Issuing Agent Agreement and file it with the Game
Management, NYS DEC, 625 Broadway, Albany, NY 12214-0334; and it is further
RESOLVED and DIRECTED, that the License Issuing Agent attend the required training that is
needed for the privilege to sell licenses on December 2, 2013 at the Hilton Garden Inn, 130 E Seneca
Street, Ithaca, New York from 8:30 a.m. to 3:30 p.m.; and it is further
RESOLVED, that the License Issuing Agent hereby appoints Susan Thompson, Deputy Town Clerk
as the Assistant License Issuing Agent.
Discussion: Town Clerk Alice Linton explained that our town attorney, Guy Krogh, reviewed the
Agreement and felt it was satisfactory. She stated that it is a service to residents to sell licenses and the
town makes a small amount of money on each license sold.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried.
Changing Waste Removal Companies:
Supervisor Rider stated Alternative Waste Services can provide waste removal services for $50 per
month with weekly pick up. Our current provider, Casella, picks up every two weeks at a cost of $80
per month.
Councilperson Teeter moved with a second by Councilperson Hern to change waste handler
companies as of January 1, 2014 from Casella to Alternative Waste Services.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried.
Enfield Town Board Regular Meeting, November 13, 2013 12
Clarification of Town Subdivision Regulations:
Councilperson Howe-Strait moved with a second by Councilperson Teeter to adopt Resolution #2013-
37.
Resolution #2013-37 Resolution to Amend Subdivision Regulations
WHEREAS, the Town of Enfield Planning Board has, on an on-going basis, requested clarifications
within the Subdivision Regulations, be it hereby
RESOLVED, that the following sentence, "A simple one parcel to two parcel division does not
need approval of the Planning Board" be added into the Enfield Subdivision Regulations Section
103 Subdivision Definitions #103.2 Minor Subdivisions sentence #4 and added into Section 204
Types of Subdivision Procedures #204.2 Minor Subdivisions.
Discussion: Code Enforcement Officer Alan Teeter stated this would clarify the wording to help avoid
confusion.
Councilperson Teeter stated she feels one subdivision should not trigger a long and involved process.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried.
Announcements: The Enfield Volunteer Fire Company will sponsor a blood drive on November 19
from 1 to 6 p.m. at the fire station. They are hoping to break their record of 30 donations.
Adjournment: Supervisor Rider moved, with a second by Councilperson Teeter, to adjourn at 8:07
p.m. Carried.
Respectfully submitted,
Alice Linton, Enfield Town Clerk