HomeMy WebLinkAbout12-12-12 Regular Meeting.pdf
Town of Enfield
Regular Town Board Meeting Minutes
Enfield Community Building
Wednesday, December 12, 2012
6:30 p.m.
Present: Town Supervisor Roy Barriere, Town Councilperson Chris Hern, Town Councilperson Vera
Howe-Strait, Town Councilperson Ann Rider, Town Clerk Alice Linton. Absent: Town
Councilperson Debbie Teeter, Town Highway Superintendent Barry Rollins
Supervisor Barriere opened the meeting at 6:30 p.m. by leading the assemblage in the Pledge of
Allegiance to the Flag.
Black Oak Wind Farm Presentation: Supervisor Barriere introduced Marguerite Wells of Black
Oak Wind Farm and Frank Pavia, an attorney from Harris Beach advising the Town of Enfield on the
Black Oak Wind Farm proposed project.
Ms. Wells explained the wind farm project is moving along. Environmental studies are being
compiled into a Draft Environmental Impact Statement (DEIS). As a result of the environmental
process, some of the layouts have been changed.
Ben Brizell and Jim Pippin of edr Companies, the group overseeing the environmental review of the
project, gave a brief overview of what has happened to date and the steps left of the State
Environmental Quality Review Act (SEQRA) process with the town being the lead agency. The
future steps anticipated are: February, 2013 complete all necessary support studies; March, complete
DEIS and issue for public/agency comment; April-May, Public Comment Period on DEIS, will
include DEIS public hearing; July, issue Final Environmental Impact Statement (FEIS); August, issue
SEQRA Findings Statement.
In 2010 the plan was for 13 turbines and studies began. Detailed analyses revealed a potential adverse
impact due to operational noise. Prior to release of the DEIS, an alternative layout was identified
which avoids/minimizes potential noise impacts. This 2012 layout includes 7 turbines. Ultimately the
DEIS will be based on the 7 turbine layout, will be compliant with SEQRA regulations, will be
compliant with the Final Scoping Document and will contain numerous supporting studies and
information.
The DEIS content will include supporting studies/information on Acoustic (noise) study, agency
correspondence, agricultural protection measures, avian and bat risk assessment, communications
studies, cultural resources study, ecological survey, geotechnical analysis, invasive species
management plan, preliminary Storm Water Pollution Prevention Plan (SWPPP), preliminary switch
yard and substation design, shadow flicker analysis, transportation route evaluation, and visual
impact assessment.
County Legislator Jim Dennis asked what the cost would be now that the turbines have been reduced
from 13 to 7. Ms. Wells responded it will be a roughly 30 million project. She also mentioned that
Enfield Energy sold the project to Black Oak Wind Farm. The hope is to keep this a community
owned project. The Town of Enfield, Tompkins County and the Ithaca City School District will be
entitled to payment in lieu of taxes once the SEQRA process is finished. Also, returns on the project
will go back to investors.
Enfield Town Board Regular Meeting, December 12, 2012 2
Councilperson Rider asked if the Wind Farm was on track for financing. Ms. Wells responded yes,
they are. They are in a no comment period until January 1, so can't discuss financing now.
Attorney Frank Pavia reminded the board the town has a wind ordinance law with specific
conditions, factors and criteria. If the project is built, funds will be set aside to take the turbines down
when the time comes. The DEIS will analyze potential economic benefits and community benefits
and the public will have an opportunity to comment on that as part of the process.
Ms. Wells estimated there will be about 75 construction jobs created during project construction time
and 1 or 2 jobs long-term. A road use agreement is being developed with Tompkins County. There is
only about 1/2 mile of Black Oak Road that is owned by the town.
Councilperson Hern asked when the beginning of construction was planned. Ms. Wells responded in
the fall of 2013 or spring of 2014 is the plan.
Attorney Pavia stated LaBella, engineer for the project and Harris Beach, will review the DEIS
once final, then the information will go to the public for a two month period with a public hearing
during which time all comments will be accepted for the final impact statement. If the town board
deems findings are complete, a finding statement will be issued. So there will be other opportunities
for the public to review, provide comments, and participate.
Privilege of the Floor: Marnie Kirchgessner of 191 Enfield Main Road thanked Supervisor Barriere
for his leadership and the solid position the town is in and expressed her interest in the job of town
supervisor. She stated her qualifications for the job.
Mary Jo Lovelace of 2504 Mecklenburg Road thanked the board for starting the move from a
moratorium to a ban on hydrofracking, starting an aquifer study and progressing with a road study
plan.
Approval of Minutes: Councilperson Rider moved, with a second by Councilperson Howe-Strait to
approve the minutes of the November 14, 2012 regular town board meeting and public hearing.
Vote: Councilperson Hern aye, Councilperson Howe-Strait aye, Councilperson Rider aye, Supervisor
Barriere, aye. Councilperson Teeter absent. Carried
Correspondence: Letter from Community Foundation of Tompkins County notifying the Town of
Enfield that their grant request for aquifer study funding was denied.
Notice of Meeting of Ithaca-Tompkins County Transportation Council on Tuesday, December 18
from 2-4 p.m. at 737 Willow Avenue, Ithaca.
Copy of letter from Tompkins County Water Resources Council to New York State Department of
Environmental Conservation requesting an extension of the public comment period for revised
regulations 6 NYCRR Parts 52, 190, 550-556, 560, and 750.
Resolution #2012-40
Supervisor Barriere moved, with a second by Councilperson Rider to approve Resolution #2012-40.
RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS TO TOWN HALL RESERVE ACCOUNT
Enfield Town Board Regular Meeting, December 12, 2012 3
WHEREAS, the Town Board allocated funds for capital reserve in the 2012 General Fund
budget, now therefore be it
RESOLVED, that the Town Board authorizes the Town Supervisor to transfer the unused
balance of $10,000.00 from A9950 to the General Fund Town Hall Reserve Account.
Discussion: Supervisor Barriere explained there is a separate savings account set up for these funds
and they can only be used for renovations on the old town hall or construction of a new town hall.
Vote: Councilperson Hern aye, Councilperson Howe-Strait aye, Councilperson Rider aye, Supervisor
Barriere, aye. Councilperson Teeter absent. Carried
Resolution #2012-41
Supervisor Barriere moved, with a second by Councilperson Rider to approve Resolution #2012-41.
RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS TO EQUIPMENT RESERVE
WHEREAS, the Town Board allocated funds for equipment reserve in the 2012 Highway
Fund budget, now therefore be it
RESOLVED, that the Town Board authorizes the Town Supervisor to transfer the unused
balance of $30,000.00 from DA9950.9 to the Highway Fund Equipment Reserve Account, and
further it be
RESOLVED, that this transfer is contingent upon the receipt of the full budgeted amount of
the 2012 CHIPS funds.
Discussion: Supervisor Barriere stated that the 2012 CHIPS funds have not yet been received.
Vote: Councilperson Hern aye, Councilperson Howe-Strait aye, Councilperson Rider aye, Supervisor
Barriere, aye. Councilperson Teeter absent. Carried
Budget Amendments:
Supervisor Barriere moved, with a second by Councilperson Howe-Strait to approve Budget
Amendment #2012-19.
Budget Amendment #2012-19
Supervisor Barriere moved, with a second by Councilperson Hern to approve Budget Amendment
#2012-19.
WHEREAS, expenses have exceeded the budget in the General Fund Account, line item A7550.4,
titled “Celebrations - Contractual”, now therefore be it
RESOLVED, that the General Fund Account, line item A7550.1, titled “Celebrations – Personnel”,
be decreased by $100.00 and General Fund Account, line item A7550.4, titled “Celebrations -
Contractual”, be increased by $100.00.
Discussion: Supervisor Barriere stated this is still within the $1,800 beautification grant.
Enfield Town Board Regular Meeting, December 12, 2012 4
Vote: Councilperson Hern aye, Councilperson Howe-Strait aye, Councilperson Rider aye, Supervisor
Barriere, aye. Councilperson Teeter absent. Carried
Audit Claims:
Councilperson Howe-Strait moved, with a second by Councilperson Hern to authorize the supervisor
to pay General Fund vouchers #329 to #350 dated December 12, 2012 in the amount of $13,685.84,
and Highway Fund vouchers #193 to #211 dated December 12, 2012 in the amount of $10,405.86,
the Highway Fund vouchers contingent upon receipt of CHIPS funds.
Discussion: Councilperson Hern asked how much the CHIPS funds were for 2012. Supervisor
Barriere responded around $80,900.
Councilperson Rider asked if payment was received one time per year. Supervisor Barriere responded
vouchers can be submitted quarterly and payment is made after they are received. In the past, the
final CHIPS funds have been received around December 20.
Vote: Councilperson Hern aye, Councilperson Howe-Strait aye, Councilperson Rider aye, Supervisor
Barriere, aye. Councilperson Teeter absent. Carried
County Legislator’s Report: Jim Dennis reported the Tompkins County Legislature passed their
budget with a 3.69% tax levy which was the exact amount of their tax cap. Results of the Southern
Tier Regional Grant should be announced in late December. He has been involved in meetings
dealing with payment in lieu of taxes regarding the Black Oak Wind Farm. A host agreement would
benefit the Town of Enfield as it will cover the town first, and whatever is left over will be divided
among the town, school district and county. He thanked Roy for the work he has done as town
supervisor for the past three years.
Highway Superintendent's Report: No report.
Code Enforcement Officer's Report: Code Enforcement Officer Alan Teeter reported in
November there were 8 building permits issued or renewed, which brings the year to date total to 68,
with 11 being new homes. There were 3 certificates of occupancy issued, 1 certificate of completion
issued, 1 certificate of compliance issued. There were 25 building inspections and progress checks, 1
valid complaint received and resolved, 1 letter of voluntary compliance sent, and 3 orders to remedy.
Committee Reports:
Planning Board: Planning Board member Dan Walker reported they continue to work on the
Comprehensive Plan and are making progress.
Health Insurance Consortium: No report.
Enfield Community Council: Councilperson Rider reported the Council is looking into the feasibility
of building a new community building and wrapping up year-end business.
Recreation Partnership: Councilperson Rider reported they did not meet this month.
Enfield Town Board Regular Meeting, December 12, 2012 5
Youth Board: Representative Marnie Kirchgessner reported the board is developing new priorities
which affect funding for local municipalities. They were successful in getting the county board to add
additional funding for municipalities.
Enfield Volunteer Fire Company: No report.
Facilities Manager: Councilperson Hern reported he is waiting for estimates on new windows for the
Town Hall and an awning for the Community Building.
Communication Access Committee: No report.
Facilities Development: No report.
Personnel Committee: No report.
Tompkins County Council of Governments: Supervisor Barriere reported there will be a nomination
for vice-chair announced next week. A copy of the TCCOG reserve fund accounting is on file in the
town clerk's office. There was a Tompkins County Animal Control meeting where they discussed
issues involving service animals and having dog enumerations rotating through each town every 3 to
5 years for consistency in budgets. The next meeting will be February 15 at the Ithaca Town Hall.
Old Business:
Update on Road Preservation Plan: Planning Board member Dan Walker reported he is meeting with
the Caroline Road Committee. They are evaluating thresholds appropriate for different roads in
towns, with a 30 ton limit as a reasonable threshold for requiring permits on town roads. The thought
is to craft a town law modeled after the county law.
New Business:
Discuss Proposal to Possibly Move Forward On A Ban against Hydrofracking: Supervisor Barriere
reported he has contacted the Slottjes to draft a local law. After the draft is received from them, it will
be passed on to our town attorney Guy Krogh for his review. The draft law should probably be ready
for the town board's review at the January meeting.
Review and Possibly Approve Legal Agreement for 2013: Guy Krogh has presented a draft
Agreement to the town with no rate increase for 2013.
Councilperson Rider asked if the Agreement is the same as last year's. Supervisor Barriere responded
yes, it is.
Councilperson Rider moved, with a second by Councilperson Hern, to authorize the supervisor to
sign the 2013 Agreement as to Legal Representation as presented between the Town of Enfield and
Guy K. Krogh, Esq.
Vote: Councilperson Hern aye, Councilperson Howe-Strait aye, Councilperson Rider aye, Supervisor
Barriere, aye. Councilperson Teeter absent. Carried
Discuss Funding for Aquifer Study and Agreement: Supervisor Barriere explained the 2013 budget
includes $5,000 for an aquifer study, with funds added from USGS and the county. USGS and the
Enfield Town Board Regular Meeting, December 12, 2012 6
county feel that for the first year it will be difficult to do any work if they only match the $5,000. He
proposed taking $2,000 from line item A1620.4 to go towards the aquifer study since there are extra
funds in that line item for 2012. That would bring the total to $7,000 and hopefully before the end of
the federal fiscal year, September 30, the board may see they have additional funds available that can
be put towards the aquifer study. They would like a minimum of $10,000 to start the study.
Councilperson Rider moved, with a second by Councilperson Hern to authorize the supervisor to
request an invoice for the Town of Enfield Aquifer Study from USGS for $2,000, to be paid with
2012 funds from line item A1620.4.
Vote: Councilperson Hern aye, Councilperson Howe-Strait aye, Councilperson Rider aye, Supervisor
Barriere, aye. Councilperson Teeter absent. Carried
Councilperson Howe-Strait announced the Enfield Aquifer Study Group, working with Social
Ventures to raise funds for the aquifer study, has put information into a letter, together with a
donation request, and this information will be in the next town newsletter. The information will also
be posted on the town website and a flyer will be going out.
Nancy Spero stated Social Ventures is ready to go. Hillary Lambert of the Cayuga Lake Watershed
Network is doing research on other grants that might be available for the aquifer study.
Supervisor Barriere stated the USGS Agreement has been signed and sent to the Troy office.
Schedule Special Meeting for End of Year Bills: Supervisor Barriere stated he would like to set
another meeting date to take care of last minute bills and budget amendments. December 20, 2012 at
6:30 p.m. at the Community Building was agreed on.
Early payroll: Councilperson Howe-Strait moved, with a second by Councilperson Rider to authorize
the final general fund payroll of 2012 for December 21 instead of December 31 so it would not fall
between the holidays.
Vote: Councilperson Hern aye, Councilperson Howe-Strait aye, Councilperson Rider aye, Supervisor
Barriere, aye. Councilperson Teeter absent. Carried
Request for Additional Comment Period Time on High Volume Hydraulic Fracturing: Supervisor
Barriere moved, with a second by Councilperson Rider to approve Resolution #2012-42.
Resolution #2012-42
Requesting an Extension of Time for Review of the Revised Regulations for High Volume
Hydraulic Fracturing
WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has filed a Notice
of Continuation with the Department of State to extend the rulemaking process by 90 days in order to give
New York State Commissioner of Health Dr. Nirav Shah time to complete his review of the draft
Supplemental Generic Environmental Impact Statement (dSGEIS) on the Oil, Gas, and Solution Mining
Regulatory Program: Well Permit Issuance for Horizontal Drilling and High-Volume Hydraulic Fracturing to
Develop the Marcellus Shale and Other Low-Permeability Gas Reservoirs, and
Enfield Town Board Regular Meeting, December 12, 2012 7
WHEREAS, NYSDEC has established a 30-day public comment period on the revised draft regulations from
December 12, 2012 through January 11, 2013, and
WHEREAS, the documents released for public review by NYSDEC number 338 pages including the revised
regulations 6 NYCRR Parts 52, 190, 550 - 556, 560, 750.1, and 750.3; a summary and assessment of public
comments; and additional analyses and impact statements, and
WHEREAS, Dr. Shah is providing a review, in consultation with outside experts, of whether NYSDEC has
adequately addressed potential impacts to public health, but the DEC’s pre-mature release of the proposed
regulations with a mere 30-day comment period prohibits inclusion of the results of the independent review in
the regulations that have been presented for public review, and
WHEREAS, many substantive comments on health issues were included among the thousands of public
comments on NYSDEC’s dSGEIS and it is unclear if the “outside experts” have been given sufficient time to
consider these comments as part of their review, and
WHEREAS, the 30-day review period is completely inadequate for a thoughtful and thorough public review
of the released documents and encompasses a period of time with major religious and national holidays, and
WHEREAS, but due to Open Meeting Law requirements for advance public notice of agendas and supporting
materials, the 30-day comment period essentially eliminates or severely hinders the ability for county Boards
of Health, municipal boards, and similar regulatory or advisory organizations to review the released documents
and draft, approve, and issue comments.
NOW THEREFORE BE IT RESOLVED that:
1. The NYSDEC should extend the public comment period on the revised regulations to a minimum of
90 days, and
2. The NYSDEC should also allow public comment on the results of the independent review of
potential public health impacts during the same 90-day period, and
3. No final decision whether to allow fracking in New York State should be made without full
consideration of said public comment on the regulations, the health impact review, and the revised
SGEIS as well. Also,
RESOLVED, that a certified copy of this resolution be sent to: Governor Andrew Cuomo; New York State
Department of Environmental Conservation Commissioner Joe Martens, New York State Department of
Health Commissioner Nirav Shah, New York State Association of Counties, New York State Association of
Towns, New York State Association of State County Health Officials (NYASCHO), Tompkins County Board
of Health, New York State Conference of Environmental Health Directors, Tompkins County Health
Department, New York State Senator Thomas O’Mara, New York State Assemblywoman Barbara Lifton,
EPA Region 2 Administrator Judith Enck, EPA Director Lisa Jackson, New York Senators Kirsten Gillibrand
and Charles Schumer, New York State Congressman Thomas Reed.
SEQR ACTION: TYPE II
Vote: Councilperson Hern aye, Councilperson Howe-Strait aye, Councilperson Rider aye, Supervisor
Barriere, aye. Councilperson Teeter absent. Carried
Announcements: Deputy Town Clerk Sue Thompson invited everyone to stay after the meeting for
cake, coffee and cider as a thank you to Supervisor Barriere for all the hard work he put in for the
town.
Enfield Town Board Regular Meeting, December 12, 2012 8
Supervisor Barriere announced the board will appoint someone to fill his position. This could be done
as early as December 20 at the special town board meeting. This new appointment would not start
until January 1, 2013, or the board could wait until January to make the appointment. If the board
appoints a current board member as supervisor, the board would appoint someone to fill the vacant
councilperson seat for a one year term, ending December 31, 2013.
Volunteer of the Month: Art Howser, Jr. was nominated by Roy Barriere as the December Volunteer
of the Month. Art has been very active with the Enfield Food Bank for over 20 years, providing
assistance in any way he can. He has also been active with the Enfield Volunteer Fire Company for
approximately 15 years. He served as a line officer and an EMT for more than two-thirds of that time,
and for the past 4 years he has served as the Enfield Volunteer Fire Company's chief. During his
tenure as chief, the retention and recruiting rate has been one of the highest in the volunteer fire
service in the county, and possibly the state. He leads by example, responding to a vast majority of
calls and frequently follows up on emergencies he responds to. Because of his dedication and positive
attitude, Art is the December Volunteer of the Month.
Adjournment: Supervisor Barriere moved, with a second by Councilperson Howe-Strait to adjourn
at 7:58 p.m. No one opposed.
Respectfully submitted,
Alice Linton
Enfield Town Clerk