HomeMy WebLinkAboutTown-Board-Minutes 2013 7 10 pdf
Town of Enfield
Regular Town Board Meeting Minutes
and Public Hearing Minutes
Enfield Community Building
Wednesday, July 10, 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.
Town 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: Nancy Spero stated there will be an information table at the GrassRoots
Festival for the Aquifer Study. She is looking for folks to help staff the table.
Approval of Minutes: Councilperson Howe-Strait moved, with a second by Councilperson Hern to
approve the minutes of the June 13, 2013 regular town board meeting.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter abstain, Supervisor Rider aye. Carried
Correspondence: Memorandum from Cornell University announcing the termination of the Local
Technical Assistance Program, the outreach program of the Cornell Local Road Program.
Notice of the Tentative State Equalization Rate for the 2013 Assessment Roll from the New York
State Department of Taxation and Finance. The tentative rate remains at 100%.
Highway Superintendent's Report: Buddy Rollins reported there were very few problems with the
recent rain - just a few small washouts. The chip sealing is done on Enfield Center, Bostwick and
Shudaben Roads. He reminded the board the amended 284 Form still needs to be signed and returned.
The 10 wheeler lost its motor and they should be receiving an estimate on that soon.
Superintendent Rollins again asked for air conditioners in the office and break rooms. He suggested
cutting a hole in the walls and installing regular air conditioners which would be less expensive than
installing commercial units. That way they would be secure and out of the way. A cover could be put
on them during the winter. Also, fans in the bay area on the ceiling would help in the winter and
summer. There were fans in the old building, so they probably got overlooked in the new construction
project.
Supervisor Rider stated she will come down to measure the rooms Thursday or Friday and will meet
with Resource Associates next week and get the paperwork to close out the project. She then stated
she received a couple of calls from residents regarding the piles of road material across from the town
hall. She was given to understand that one of the considerations for the placement of the new highway
facility was to not be in the center of town.
Superintendent Rollins responded the materials were there as the property is still owned by the town
and the cold storage building is still used. Instead of hauling materials all the way from the new
facility, this is the closest place to Enfield Center and Shudaben Roads, so that is why it was
Enfield Town Board Regular Meeting, July 10, 2013 2
stockpiled there. They also store materials on town property on Waterburg Road to be used when
working on that section of town. The materials are just there for the jobs.
Supervisor Rider stated it's an attractive nuisance (for kids) and also when the new building was
planned and constructed, there was a dust consideration from those piles and a health concern.
Superintendent Rollins responded if he is told not to use the area for further storage, he won't use it
any more.
Councilperson Teeter asked when the summer work is done if piles of materials could be avoided
across from the town hall.
Superintendent Rollins stated the purpose of storing materials close to the job is to save hauling time.
The materials do not stay long term. The dust at the new highway facility is also a problem.
Councilperson Teeter asked if the materials put on dirt roads for dust could be applied to the new
facility driveway.
Superintendent Rollins stated he could, but there is no money in his budget to apply magnesium, as it
would take material away from the public roads. Nine miles of dirt road were done with magnesium,
and it cost almost $18,000 to spray it one time.
Councilperson Carpenter asked how long the magnesium lasts for.
Superintendent Rollins replied in the shade areas it lasts most of the summer. Where there is no shade,
it dries up and blows away. It all depends on the weather and where it is. Last year oil was applied at
the highway barn, but it goes away after a year.
Councilperson Carpenter suggested if the town could give him an extra $500 he could apply
magnesium at the new facility road.
Councilperson Teeter remarked that there are a lot of things that happen in town, and it can't be
perfect for everyone. There is dust for all reasons all around town, but it would look nicer if the piles
weren't there. There are a lot of young people around town and no one wants to see a pile collapse on
them. When this job is done, it would be appreciated to try to avoid storing materials in town.
Supervisor Rider questioned the projects listed on the amended 284 Form.
Superintendent Rollins stated the work doesn't change, just more CHIPS money will be used and less
town money for those projects. Therefore, there is more money for regular road maintenance.
Audit Claims: Councilperson Carpenter moved, with a second by Councilperson Teeter to authorize
the supervisor to pay General Fund vouchers #165 to #190 dated July 10, 2013 in the amount of
$20,647.70, and Highway Fund vouchers #122 to #136 dated July 10, 2013 in the amount of
$28,715.47.
Discussion: Councilperson Carpenter stated he would like to see if funds can be provided to control
dust at the new highway facility. He asked about how many miles of road are unpaved. Superintendent
Rollins stated about nine miles.
Enfield Town Board Regular Meeting, July 10, 2013 3
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried
County Legislator's Report: Dave McKenna reported the TC3 budget was passed. The Tompkins
County Clerk's Office received an award for digitalizing records. There has been discussion on a
living wage. The new legislative chambers should be ready for use by August 6.
Public Hearing: The public hearing on the Draft Environmental Impact Statement for the Black Oak
Wind Farm was opened at 7:00 p.m.
Dave Bock of 109 Porter Hill Road spoke in favor of the Black Oak Wind Farm.
Taylor Peck of 6315 State Road, Alpine, spoke in favor of the Black Oak Wind Farm.
Gene Tighe of 423 West Enfield Center Road spoke of his concerns regarding wind turbine syndrome.
Nancy Spero of 68 North VanDorn Road stated she supports wind power, but was concerned about
effects on wildlife and the health and well being of residents who live close to the turbines.
Cris McConkey of 402 Aiken Road spoke in favor of the Black Oak Wind Farm.
JoAnne Cipolla-Dennis of Dryden spoke in favor of the Black Oak Wind Farm.
Deborah Cipolla-Dennis of Dryden spoke in favor of the Black Oak Wind Farm.
Sam Law of 16 Muriel Street, Ithaca, spoke in favor of the Black Oak Wind Farm.
The public hearing was closed at 7:27 p.m. by Supervisor Rider.
Code Enforcement Officer's Report: Code Enforcement Officer Alan Teeter reported in June there
were 12 building permits issued or renewed, 1 for replacement of a mobile home, which brings the
year to date total to 34. One certificate of completion was issued. There were 21 inspections and
progress checks completed. A meeting was held with the Tompkins County Clerk regarding the
Shared Services Electronic Records Repository. All building permits have been scanned by Challenge
Industries, so they will be available electronically through this shared repository.
Code Enforcement Officer Teeter notified the board he had received a letter stating concerns of
residents living on Hedgerow Drive. They would like the road widened to make a fire access road.
This is not a town road. The houses built there should not have been built on that part of the road. The
residents do not want to pay for the road but are concerned emergency vehicles would not be able to
get to their home if necessary.
Committee Reports:
Planning Board: Alan Teeter reported Virginia Bryant stated she will put the Comprehensive Plan
together from various committee reports. There was one site plan approval for George VanValen.
Health Insurance Consortium: No report.
Enfield Community Council: Councilperson Howe-Strait reported the quilt to be raffled at the
Harvest Festival is being quilted and raffle tickets are available. The ECC will be selling food at the
Grassroots Festival to help fund the proposed new Community Building. Summer camp has started
with 98 campers and 15 counselors-in-training, which are 14 and 15 year olds.
Recreation Partnership: Carolyn Tschanz stated the partnership is working with municipalities and
the county to create a budget for 2014 that does not cut programs. The City of Ithaca is committed to a
living wage and this will affect the budget. Baseball programs have been merged and chess classes
Enfield Town Board Regular Meeting, July 10, 2013 4
have been cut, along with a skate boarding class. In 2013 Enfield contributed $4,951 to the
partnership. The tentative budget would call for Enfield to contribute $4,974 in 2014. Transportation
issues are still being addressed to make it easier for Enfield youth to attend programs.
Youth Board: No report.
Enfield Volunteer Fire Company: No report.
Facilities Manager: No report.
Aquifer Study Fundraising Group: Nancy Spero reminded everyone she is looking for help at the
Grassroots Festival where there will be a table promoting the Enfield Aquifer Study.
Personnel Committee: Supervisor Rider stated she and Councilperson Teeter met to work on the
Workplace Violence Prevention Policy.
TC Council of Governments: Supervisor Rider reported she did not attend the last meeting.
Old Business:
Discussion of FAA Regulations Regarding Lights on Towers: Chuck Bartosch of Clarity Connect
stated there are currently 907 unserved households that do not have access to high speed internet in
the town. Clarity Connect will be able to cover 887 of these households by erecting a tower on
Mecklenburg Road. A state grant was awarded for all towns in Tompkins County except Enfield and
Caroline, so funding has been obtained from other sources. He checked and was told the FAA feels
having a light on a tower less than 200' could be a safety hazard for pilots who expect lights to be on
towers 200' and higher. If the $15,000 light is added to the tower, there would be 54 households in
Enfield that would not be served because of less funds being available. The loss of available funds
would mean one pole would be deleted from the project. In the original grant, which was not
received, Enfield had agreed to cover electric costs.
Councilperson Teeter stated Clarity Connect has agreed to put the light on the tower. She questioned
why Clarity Connect waited until they were ready to put up the tower before talking to the Code
Enforcement Officer about building permits and site plan review. Because Clarity waited until the day
they wanted to put the tower up, there has been a lot of pressure on the Planning Board and the Town
Supervisor and this board. She doesn't feel the Town of Enfield should bear the brunt of this error.
Churck Bartosch replied when he originally inquired about zoning, he was told there was no zoning.
He had six months to build the project, but no awards were given until early March, so they had to
move fast.
Councilperson Teeter stated she understands this tower needs to be 160' and there is a possibility it
may be up to 195', exactly 5' below what the FAA requires a light on.
Chuck Bartosch stated the reason for the 195' tower was to have space for other carriers such as cell
phone carriers. He assumed Enfield would want this. If those are not needed, the tower could be as
low as 180'. As long as no one else wants to use the tower, it will remain at 180'. He stated he will put
the light on the tower, but he wants it understood that there will be a cost to Enfield. Unless Enfield
chooses to pay for the light, or decides not to require the light, 54 households will not have service,
which is about 6% of the unserved households.
Enfield Town Board Regular Meeting, July 10, 2013 5
Supervisor Rider stated she would like the Planning Board to revisit this question with additional
information from FAA consultants as they may not have done this before requiring a light be placed
on top of the tower. If the FAA didn't require a light, she is not sure why the Planning Board required
the light.
Councilperson Teeter agreed the Planning Board did not research this, but she feels the reason was
because Clarity Connect agreed to put the light on top of the tower and that was the end of it. Now
Mr. Bartosch is back saying he's agreed to do it, but some of the residents won't be served and the
residents who are served will be charged more.
Lee Haefele of Haefele TV stated when the original grant was applied for, which was ultimately not
awarded, he entered into an agreement with Clarity Connect and Chuck Bartosch that the grant was
split up and he was doing the Enfield section and Clarity was doing the other towns. He feels the
agreement may still be valid and Haefele should be included in discussions. He asked why he was not
advised of the plans for a new tower with Clarity Connect providing service, as he's invested a lot in
the town. He feels if Clarity Connect and the town had consulted with him they could be working
together.
Councilperson Hern stated it makes sense to him that if a light, which was not included in the original
budget, is required on the tower, there would be cuts in other areas. If the FAA doesn't require a light,
it would make sense not to have a light on the tower.
Councilperson Howe-Strait stated at the Planning Board meeting it was made clear that the FAA did
not require a light, but members of the Planning Board urged for the light for safety of the planes
coming in, not knowing that tower was there. However, at the meeting when Clarity Connect said they
would put up a light, she wondered why Clarity Connect didn't state what would happen. She wonders
if that would have changed the flow of that conversation. The Planning Board was not aware that
putting up a light would prevent 54 households from getting service. She asked Chuck Bartosch if his
intent in the future is to provide service so that 100% of households are served.
Mr. Bartosch responded probably not.
Supervisor Rider will ask the Planning Board to put this on their agenda and discuss this in light of
factual information that has come up.
Councilperson Carpenter stated it would make sense, if the Planning Board revisits this, to do some
research and see what the safest option is.
Mr. Bartosch stated he had until the end of August before the light would need to go on the tower, if
needed. He can have the extra pole set, and then if the 54 homes won't be served, the pole would
stand with no equipment on it.
Dan Walker of the Planning Board stated there was concern for safety of emergency personnel at the
small landing strip close to the tower. The tower is not on the flight line for the Tompkins Regional
Airport, and local pilots would know where the tower was.
Workplace Violence Training: Supervisor Rider scheduled two sessions for the mandatory training for
all employees, boards, and organizations that we have contracts with such as the Enfield Volunteer
Fire Company and Enfield Community Council for Tuesday, July 30 from 6:30 to 8:30 p.m. and
Wednesday, August 7 from 4:00 to 6:00 p.m., both at the Community Building.
Enfield Town Board Regular Meeting, July 10, 2013 6
New Business:
Approval of Subdivision Regulations Prepared by Enfield Planning Board in 2007: Supervisor Rider
stated the Subdivision Regulations prepared by the Planning Board in 2007 were never approved by
the Town Board. In addition, since the new town Site Plan Review Law was passed there are several
inconsistencies between the new law and the old Subdivision Regulations.
Councilperson Teeter moved, with a second by Councilperson Carpenter to approve the draft Town of
Enfield Subdivision Regulations approved by the Enfield Planning Board in 2007, with recent
amendments to clarify inconsistencies as presented.
Code Enforcement Officer Alan Teeter stated the Subdivision Regulations apply when subdividing
property into two, three, or four parcels. The Site Plan Review Law applies to multiply housing and
large buildings and business. There are several places where the two documents refer to each other.
For a cluster development, the subdivision would be approved first, and then the Site Plan Review
Law would be used for development.
Dan Walker of the Planning Board explained for minor subdivisions, you can put restrictions on
individual lots as far as building size or lot coverage as part of the subdivision process. As long as you
don't exceed the thresholds in the Site Plan Law you shouldn't have to have a site plan review. If you
subdivided 5 lots and 3 of them had typical one family homes on them, but one lot you put a building
with 4 units in it, that lot would be created by the subdivision, but you'd have to get a site plan
approval for putting the 4 unit building on that lot. The subdivision is dividing the land, not building
anything on it. Once you create the lot, you look at the Site Plan Review Law to see if you exceed the
threshold. The Subdivision Regulations refers to subdividing property, what you do with the property
is covered by the Site Plan Review Law.
Councilperson Teeter amended her motion to include, under Article 2: Subdivision Regulations,
Section 201 Declaration of Policy, last sentence "have been adopted by the Planning Board in 2007
and approved by the Town Board on July 10, 2013" and to correct grammatical errors.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried
Reduction of a Town Justice of the Peace Position: Councilperson Teeter moved, with a second by
Councilperson Howe-Strait to adopt Resolution #2013-27.
RESOLUTION # 2013-27 TO REDUCE NUMBER OF TOWN JUSTICES FROM TWO TO ONE
WHEREAS, the Town Board of the Town of Enfield has determined that it would be in the best
interest of the Town to reduce the number of town justices from two to one to consolidate and
streamline town government functions and reduce expenses and
WHEREAS, a position can only be reduced at the end of a term and
WHEREAS, Town Justice Betty Poole, whose term of office expires 12/31/13, has been consulted and
agrees,
NOW, THEREFORE, BE IT RESOLVED, pursuant to the provisions of subparagraph 2 of section
60-a of the Town Law of the State of New York as follows:
Enfield Town Board Regular Meeting, July 10, 2013 7
1. The number of town justices of the Town of Enfield shall be reduced from two to one effective
January 1, 2014.
2. In accordance with the provisions of paragraph 2 of section 60-a of the Town Law, this resolution
shall not become operative or effective unless and until thirty days have elapsed after its adoption and
no petition protesting against this local law signed and authenticated as required by law has been filed
with the Town Clerk of the Town of Enfield, or if such petition is so filed, a proposition for approval
of this resolution has been submitted at the next general election or a special election for that purpose
pursuant to said section and received the affirmative vote of a majority of the voters voting thereon.
Discussion: Supervisor Rider feels by taking action now, any candidates for the position will be
informed. History over the past years has shown that one judge has predominately handled the
majority of the work. No public hearing is needed for this resolution. This move would save the town
money. If one judge became unable to serve, the state will pay other justices to fill in. If we continue
to have two justices, both would be four year terms beginning January 1, 2014.
Discussion: Supervisor Rider explained the history in Enfield over the past 20 years is that one justice
has predominately handled the work. There was a concern expressed that if one justice is unable to
fulfill their role there would be no coverage. She stated that if a town has no justices able to serve, the
state will pay other justices around the county to come in and serve. By moving from two justices to
one, it would save the town money. She stated the town would not save half of what is paid now to
two justices, but some money would be saved. If there is a permissive referendum, it would be on the
ballot this fall.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried
Amicus Brief Supporting Town of Dryden's Appeal: Councilperson Teeter moved, with a second by
Councilperson Hern to support Resolution #2013-28.
RESOLUTION #2013-28 TO APPROVE BECOMING AN AMICUS CURIAE IN
ACTIONS INVOLVING MUNICIPAL HOME RULE IN THE COURT OF APPEALS OF THE
STATE OF NEW YORK
WHEREAS, the Towns of Middlefield and Dryden have recently revised their zoning laws to prohibit
heavy industrial uses (including natural gas drilling) in their communities and such laws were challenged
in court by opponents claims that the Towns did not have the power to regulate natural gas drilling as a
land use through zoning; and
WHEREAS, the Town of Ulysses filed an amicus curiae or “friend of the court” brief in both
lawsuits in support of its sister Towns in order to reassert the right of each municipality throughout New
York State to determine what land uses are appropriate in its community through municipal home rule law
powers granted by the NYS Constitution and the NYS Municipal Home Rule Law; and
WHEREAS, the Town of Enfield joined with the Town of Ulysses and a coalition of over 50
other municipalities from across the State to file these amicus curiae briefs in the Appellate Division,
Third Department in 2012; and
WHEREAS, the Appellate Division, Third Department, ruled in favor of the Towns of Dryden
and Middlefield in the matters of Norse Energy Corporation USA v. Town of Dryden et al., and
Cooperstown Holstein Association v. Town of Middlefield; and
Enfield Town Board Regular Meeting, July 10, 2013 8
WHEREAS, the Norse Energy Corporation and the Cooperstown Holstein Association (“Appellants”)
recently filed motions for leave to appeal each decision to the Court of Appeals – the State’s highest court;
and
WHEREAS, if the Appellants are granted leave to appeal to the Court of Appeals, the Town of
Ulysses will seek leave to file amicus curiae brief(s) with the Court and will file such brief(s) if leave is
granted; and
WHEREAS, the Town of Ulysses has requested that other municipalities in the State consider joining
the municipal coalition supporting the Ulysses’ amicus brief(s) to send a powerful statement to the Court
of Appeals, the NYS Department of Environmental Conservation and the NYS Legislature about t he
importance of protecting municipal home rule in New York State and a municipality’s right to decide, for
itself, whether natural gas drilling - or any other land use - is appropriate for its citizens.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Town of Enfield hereby determines that it is in the public interest of the citizens of the Town to
support municipal home rule by joining in the amicus brief(s) being filed in the Court of Appeals by the
Town of Ulysses and a coalition of municipalities from across the State and
2. The Town of Enfield hereby authorizes and directs the Supervisor to complete or cause to be completed
any and all such further documents and papers in the name and on behalf of the Town of Enfield as the
Supervisor deems necessary or appropriate to carry into effect the foregoing resolution.
3. The Town Clerk will promptly send a certified copy of this adopted resolution to the Town of Ulysses,
10 Elm Street, Trumansburg, NY 14886.
Discussion: Supervisor Rider stated the Town of Ulysses has asked for our support. They feel strongly
about this and they are bearing the cost of the preparation of the brief.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried
Support for Tompkins County Clerk's Grant Application: Supervisor Rider moved, with a second by
Councilperson Teeter to approve Resolution #2013-29
Resolution #2013-29: Support for the Tompkins County Clerk’s Application for Funding
from the New York State Consolidated Funding Application for Shared Services Under the
Local Government Efficiency Grant
Whereas the Tompkins County Clerk’s Office intends to apply for funding through the New York
State Consolidated Funding Application (CFA) for monies to continue its efforts to increase
efficiencies in local services delivery of services and through shared services and support related to
records management systems and
Whereas the Town Board has supported the County Clerk’s Office in previous funding applications
and looks forward to future opportunities for shared services and intermunicipal cooperation which
result in savings for its constituents and
Whereas the Town anticipates cooperating with and joining in future shared services offered and/or
supported by the County whenever feasible.
Enfield Town Board Regular Meeting, July 10, 2013 9
Now Therefore be it Resolved that the Town Board does hereby fully support the Tompkins County
Clerk’s Office in its pursuit and application for funding for shared services through a Local
Government Efficiency Grant.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried
Authorization to Enter Into 5-Year Agreement for TSSERR: Supervisor Rider moved, with a second
by Councilperson Howe-Strait to approve Resolution #2013-30.
Resolution #2013 -30: Authorization for the Town Clerk to Enter into a 5-Year Agreement with
Tompkins County for the Tompkins Shared Services Electronic Records Repository (TSSERR)
Whereas Tompkins County has initiated and secured grants for the Tompkins County Shared
Services Electronic Records Repository (TSSERR) which is a shared service hosted by the County
and made available to all municipalities within the County and
Whereas the Town Board supported the grant application for TSSERR in 2013 and
Whereas the participating members of the TSSERR have drafted a set of By-Laws and a Group
Agreement which have been presented to its members and the Tompkins County Operations
Committee and
Whereas the Town Clerk has presented and discussed the TSSERR agreement and by-laws with the
Town Board
Now Therefore be it Resolved that the Town Board does hereby authorize the Town Clerk to enter
into the Tompkins County Shared Services Electronic Records Repository Group Agreement on
behalf of the Town subject to the approval of the Attorney for the Town.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried
Resolution Designating Town Clerk to Receive Notices of Filings from Secretary of State: Supervisor
Rider moved, with a second by Councilperson Teeter to adopt Resolution #2013-31.
Resolution #2013-31 Designating Secretary of State as Limited Agent for Receipt of Certain
Notices of Claims Against the Town of Enfield, and Designating Alice Linton, Town Clerk, to
Receive Notices of Filings from Secretary of State Under General Municipal Law § 53
WHEREAS, General Municipal Law (“GML”) § 53 requires towns to file a certificate with the
Secretary of State designating the Secretary of State as an agent for service of certain notices of
claims, mainly those arising under GML § 50-e; and
WHEREAS, GML § 53 requires the said certificate to include: (i) the applicable time limit for filing
the applicable notice of claim; and (ii) the name, post office address, and electronic mail address of
the officer or person designated to receive the transmittal of notices of claim from the Secretary of
State whenever the same are served upon the Secretary of State as the Town’s agent; and
Enfield Town Board Regular Meeting, July 10, 2013 10
WHEREAS, pursuant to GML § 50-e(1)(a) the applicable time limit for the filing of a notice of claim
upon a town is 90 days after the claim arises, or in the case of a wrongful death action 90 days from
the appointment of a representative of the decedent’s estate; and
WHEREAS, GML § 53 only applies to tort and related notices of claims servable under GML § 50 -e
and does not apply to other notices of claim that may relate to other claims against the Town, such as
those sounding in contract as governed by Town Law § 65(3), pre-existing condition notices arising in
relation to highway, culvert or bridge defects or conditions (Town Law § 65-a), or claims for damages
for compensation for property taken by condemnation (see generally, Town Law § 67(3) and the NY S
Eminent Domain Proceedings Law); and
WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Enfield has hereby
RESOLVED, that the Town of Enfield designates Alice Linton, the Clerk of the Town of Enfield, and
his/her successors in office, to receive notices of claims served upon the Secretary of State, as follows:
(i) By mail at 168 Enfield Main Rd., Ithaca, NY 14850;
(ii) By electronic notice via email at enfieldclerk@hotmail.com; and
(iii) By facsimile at the following number: (607)277-2639;
and it is further
RESOLVED, that the Town Clerk be and is hereby directed to file the required certificate with the
Secretary of State informing such state officer of the Town’s designation on or before July 14, 2013.
Such filing may be accomplished electronically by filing through the following URL:
https://appext20.dos.ny.gov/noc_public/f?p=800:8:16021256766912; and paper form filings may be
made and delivered to: Department of State, Division of Corporations, State Records and Uniform
Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany
Discussion: Supervisor Rider stated there is a filing fee for these Notices of Claim, and if this
resolution is passed, the town will get half of the filing fee. If we don't approve this resolution, the
state will keep the entire filing fee.
Vote: Councilperson Carpenter aye, Councilperson Hern aye, Councilperson Howe-Strait aye,
Councilperson Teeter aye, Supervisor Rider aye. Carried
Announcements: There will be a Blood Drive at the Enfield Volunteer Fire Company on July 16. The
next Movies in the Middle night is July 12 at the town hall.
Adjournment: Supervisor Rider moved, with a second by Councilperson Teeter, to adjourn at 9:35
p.m. Carried.
Respectfully submitted,
Alice Linton, Enfield Town Clerk