HomeMy WebLinkAbout8- 8-12 Regular Meeting.pdf
Town of Enfield
Regular Town Board Meeting Minutes
Enfield Community Building
Wednesday, August 8, 2012
6:30 p.m.
Present: Town Supervisor Roy Barriere, Town Councilperson Chris Hern, Town
Councilperson Vera Howe-Strait, Town Councilperson Debbie Teeter, Town Councilperson
Ann Rider, Town Highway Superintendent Barry Rollins, Deputy Town Clerk Sue
Thompson.
Supervisor Barriere opened the meeting at 6:30 p.m. by leading the assemblage in the
Pledge of Allegiance to the Flag.
Ed Bugliosi, USGS Presentation: Ed Bugliosi, representative from USGS gave a
presentation on Aquifer Studies in Tompkins County. Joan Jurkowich, Tompkins County
Planning Department, was also there to answer questions on the Aquifer Study.
The reason for conducting an Aquifer Study is to better define what lies in the Aquifer area.
The cost for a 3 year study would be split between the county, town and USGS at 35%, the
cost to the town would be $90,245.00.
Councilperson Rider asked about the total cost of the study and if it perhaps could be
spread out for a longer period of time
.
Ed Bugliosi responded yes that it could be spread out to a longer period of time.
Councilperson Rider asked if the total amount would stay the same. Ed Bugliosi responded
yes the total cost would stay the same. Councilperson Teeter stated she thought the Town
of Caroline spread the cost of their study out for 5 years.
Beverly Rollins of Applegate Road, asked why were the studies done before, what is the
benefit to the citizens for that amount of money. Ed Bugliosi answered that the study was
basically done to understand the water resource, where the water comes from, where it
recharges. Beverly Rollins asked if the study was done to help in the planning of more
housing developments. Ed Bugliosi responded it was for however the local government
officials wanted to use the information. In Dryden arsenic was found in a well. They went
back to the Dryden study and discovered that the water was elevated to begin with.
Councilperson Rider stated that the Town of Dryden provides municipal water. Ed Bugliosi
answered the Village provides water not the Town. Councilperson Rider stated if a
municipality provides water to their constituents they want to insure the safety of the water.
Public officials would want technical information such as an Aquifer Study. The Town of
Caroline does not have public water but they might be thinking about i t. Ed Bugliosi agreed
they don’t have a public water system, but each individual is using a part of the Aquifer
system.
Councilperson Teeter asked if any municipalities have found any additional sources of
funding. Joan Jurkowich answered that Danby has some money from the State and other
sources of money for their study. The Town of Newfield did not have to come up with any
Enfield Town Board Regular Meeting, August 8, 2012
2
money from the town because of the State money. The State wanted to study Catatonk so
they funded the study. They have not put the funding for drilling in the studies. They have a
cooperative agreement with the USGS so it costs less to the town.
Councilperson Howe-Strait stated that even if the community doesn’t plan on providing
municipal water having an aquifer study done and understanding the water below us, does
benefit every individual property owner and their water use. Ed Bugliosi answered yes. He
stated that getting a study started is easy with USGS. Their matching money comes in
every year. It is based on a first come first serve basis. In October USGS may not have
money depending on the projects. Councilperson Teeter asked if there was anyone else in
line ahead of Enfield. Ed Bugliosi answered no t that he was aware of. June Jurkowich
stated that they have had two other inquiries but they are not as ahead in their thinking as
Enfield. Councilperson Teeter asked if the Town could do a cycle of 5 years to start with
and if additional funding is found, could we speed up the payment process. The answer was
yes.
Supervisor Barriere asked what would be the minimum amount of money needed to start
with. Ed Bugliosi answered that there is no set amount. Although a good amount would be
$10,000. The initial process is collecting the data so they could work with smaller amounts
of money. Once they get more into the study they do seismic work and they need more
money to do that.
Councilperson Teeter asked if the Town commits to the actual project and they use $10,000
out of this year’s budget to start, when the actually drilling process would start. Ed Bugliosi
answered the drilling process does not start until the second year after they have collected
the data the first year.
Councilperson Teeter asked if they could actually commit in October to start in the new
fiscal year. Ed Bugliosi answered they could sign the agreement to start in the USGS fiscal
year in October. The Town’s fiscal year begins in January. The overlapping fiscal years
actually help with the funding of the project. So if you sign an agreement to start in October
even though you don’t have funding until December or January you can use the USGS’s
funding.
Supervisor Barriere thanked Ed Bugliosi and June Jurkowich for their presentation.
Privilege of the Floor:
Beth McGee of 173 Tucker Road stated she has really enjoyed getting to know the people
here in the last 2 years. She really appreciates the Town Board and the respect they pay to
the community. She has attended a couple of Planning Board meetings and is completely
stumped that standard is not met at those meetings. She is concerned about the content of
the Planning Board. The State provides training on how to create a Comprehensive Plan to
educate the Board on how to put one together. There have been several comments at
Planning Board meetings that they don’t think they should be doing that. There have been
some comments about community members, it is very disturbing. The State does provide
that a Special Board could be created to create a Comprehensive Plan. If the Planning
Board is not going to make the effort into making it a quality document that can be used for
applying for grants and funding, perhaps that Board could be created. If there are lots of
community members and some Planning Board members that want to be a part of that
process then the state does allow for a special board to be created. They would report to
Enfield Town Board Regular Meeting, August 8, 2012
3
the Planning Board regularly. Maybe they can work on not such a limited time table like the
Planning Board does. It feels like the whole process is incomplete, and she would like to
ask the Board to consider doing this.
Marcie Finlay of 277 Enfield Main Road thanked the Town Board in moving forward and
scheduling the presentation tonight. She encourages the Board to take advantage of the
study while there is federal and county money available. She reiterated that there are
several members of the community that would like to help the Town Board to search for that
extra funding.
Mary Jo Lovelace of 2504 Mecklenburg Road stated she is very pleased with the
presentation today and encourages the Board to go ahead with the funding for the Aquifer
Study as soon as they can. This study is needed if the town gets involved in the fracking.
She was pleased to see the e-mail out to the community to come to the meeting August 14
to help with the Comprehensive Plan. She stated in the past the Planning Board has been
a good Board. She said she had not heard about a Comprehensive Plan Board, it sounds
like a good idea. She also would like to see postcards sent out to individual community
members regarding the August 14 meeting. This is so community members can’t say they
didn’t know anything about the meeting and Comprehensive Plan . Perhaps articles in
Tompkins Weekly and Ithaca Journal to invite people to help with the Comprehensive Plan
would be good.
Nancy Spero of 68 North VanDorn Road would like to thank Virginia Bryant for setting up
the USGS presentation on the Aquifer Study. She would like to voice support to go ahead
with the Aquifer Study. She thinks it is great information for many future projects and for
protecting our water. There are funding opportunities available for this and there are
community members who like to donate to this. She wondered if there was a community
organization to give money to that is specifically ear marked f or an Aquifer Study for Enfield.
This could involve tax deductible contributions and she would be happy to help with this.
Approval of Minutes: Councilperson Teeter moved, with a second by Councilperson Hern
to approve the minutes of the July 11, 2012 regular board meeting.
Vote: Councilperson Hern aye, Councilperson Howe-Strait aye, Councilperson Rider aye,
Councilperson Teeter aye, Supervisor Barriere aye. Carried
Correspondence: The August 21, 2012 meeting of the ITCTC Policy Committee has been
canceled. The next committee meetings are Planning Committee, 10 am September 4 and
the Policy Committee, 2 pm October 16.
Budget Amendments:
Supervisor Barriere moved, with a second by Councilperson Rider to approve Resolution
#2012-36.
Resolution #2012-36
Resolution Amending Warrant #7 – 2012
Enfield Town Board Regular Meeting, August 8, 2012
4
WHEREAS, Voucher #113 from Warrant #7 for the General Fund, was not included
with the packet to be approved by the Board, and
WHEREAS, that voucher number (#113) was duplicated, now therefore be it
RESOLVED, that the approved voucher #’s 113 through 125 be renumbered to #’s
114 through 126, and further it be
RESOLVED that the total amount of Warrant #7 for the General Fund be increased
from $66,116.84 to $66,328.82, to include voucher #113.
Discussion: Supervisor Barriere stated that on last month’s warrant there was one prepaid
voucher that did not get submitted with the bills. It was voucher 113 so no one saw it. It is
with the bills this time, so everyone has seen it. This changes all the voucher numbers to
increase by one number and increases the voucher amount by $211.98. This was the extra
amount that was received from Workman’s Compensation for the death benefit and this was
paid over to the beneficiary. This resolution earlier in the year was approved.
Vote: Councilperson Hern aye, Councilperson Howe-Strait aye, Councilperson Rider aye,
Councilperson Teeter aye, Supervisor Barriere aye. Carried
Budget Amendment #2012-13
Supervisor Barriere moved, with a second by Councilperson Hern to approve Budget
Amendment #2012-13.
WHEREAS, expenses have exceeded the budget in the Highway Fund Account, line item
DA5130.4, titled “Machinery - Contractual”, now therefore be it
RESOLVED, that the Highway Fund Account, line item DA5142.1, titled “Snow Removal –
Personnel Services”, be decreased by $6,000.00 and Highway Fund Account, line item
DA5130.4, titled “Machinery - Contractual”, be increased by $6,000.00.
Vote: Councilperson Hern aye, Councilperson Howe-Strait aye, Councilperson Rider aye,
Councilperson Teeter aye, Supervisor Barriere aye. Carried
Audit Claims:
Councilperson Howe-Strait moved, with a second by Councilperson Rider to authorize the
Supervisor to pay General Fund vouchers #224 to #245 dated August 8, 2012 in the amount
of $10,246.92, Highway Fund vouchers #127 to #144 dated August 8, 2012 in the amount of
$29,696.07. There were no Fire Department Fund Vouchers:
Discussion: Councilperson Rider questioned if there was a duplicate billing, with the
amount being the same and delivery the same. There were two vouchers on one bill but
they were the same with no duplicate charges.
Vote: Councilperson Hern aye, Councilperson Howe-Strait aye, Councilperson Rider aye,
Councilperson Teeter aye, Supervisor Barriere aye. Carried
Enfield Town Board Regular Meeting, August 8, 2012
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County Legislator’s Report: Dave McKenna, County Legislator, said that the Mayor of
Ithaca reported to the Tompkins County Legislators of improvements to the City of Ithaca
including the new apartments going in where the Women’s Community building was located.
They will be scheduling a public hearing regarding the redistricting. The city did back off of
the redistricting problems. There was discussion on contracts and grants involving the
airport. They will start holding meetings in September regarding the budget. They are
disappointed in the fact that a Criminal Justice Unit can not be placed in Center Ithaca; the
location was rented to another group.
Highway Superintendent’s Report: No Report. Supervisor Barriere asked if there was
any word regarding the Enfield Creek Project. Superintendent Rollins reported no and the
hydro seeder is not available. Councilperson Teeter asked if the hydro seeder was
available from the County. Superintendent Rollins answered that the only problem with
using the County’s or Newfield’s is the town would have to buy the material. Soils and
Water would normally give everything to the Town. He thinks they do not have the staff to
run the new machine.
Code Enforcement Officer's Report: Code Enforcement Officer Alan Teeter reported in
July there were 8 building permits issued, 1 for a new house, which brings the year to date
total to 42, with 5 being new homes. 7 Certificates of Completion issued. There were 29
inspections and progress checks, 1 valid complaint received, 1 fire and safety inspection, 1
property number issued, and 1 house number installed.
Committee Reports:
Planning Board: Virginia Bryant, Chairperson of the Planning Board, said she came to
hear the presentation on the Aquifer Study. She reported that there will be a Special
Planning Board meeting regarding the Comprehensive Plan on August 14. Notice has been
placed on the web site. She has already received e-mails regarding input for the Plan from
community members. She is looking forward to the process of the Plan. If the decision is
made to have a separate committee for working on the Plan she would like to be included
on that committee. She feels the majority of the committee is committed to working on the
Plan. She remembers the process from 1998 and she would like to see that same process
repeated for the envisioning with as many people as possible involved. They will have
Planning Board members attend various meetings within the Town to collect community
input for the Plan. Supervisor Barriere asked if the notice had been submitted to the Ithaca
Journal and other local papers. Sue Thompson, Sec retary to the Planning Board answered
yes.
Health Insurance Consortium: No report. Councilperson Teeter reported she had been
following along with the Consortium and it looks like Herb Masser has been attending the
meetings according to the minutes.
Enfield Community Council: Councilperson Rider reported summer camp was being run
for about 100 campers and a staff of 20. Total payroll is under $30,000 and all their
employees except for 2 reside in the Town of Enfield. The Ha rvest Festival is being planned
and they are looking for volunteers. There is no report for Youth Board because they meet
quarterly.
Enfield Town Board Regular Meeting, August 8, 2012
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Enfield Volunteer Fire Company: Supervisor Barriere gave the Fire Company report in the
absence of Art Howser. April calls 76, May calls 32, June calls 37, and July calls 31, Year
to Date 308 calls. Supervisor Barriere stated the calls were more than average. There was
a motor vehicle accident at Valley Corners which caused power outage for people for about
9 hours. Traffic was diverted around the 4 corners during that time. Pet Masks have been
purchased and are on the rescue vehicles. They are looking into expanding Enfield School
education this fall for students. There were many calls for open burning investigations.
Democratic and Republican primaries went very well. Possibly another primary is coming
up on September 13. Thanks to all who supported the Blood Drive on July 17. There will be
another Blood Drive on September 18.
Facilities Manager: No Report. Supervisor Barriere asked Councilperson Hern if he would
like to be on the Broad Band Committee. Councilperson Hern answered if they meet during
the day, during the week, it is very difficult for him to make the meetings. Supervisor
Barriere thought they could be flexible on meetings.
Personnel Committee: Councilperson Teeter reported the Committee met this month.
They finished looking through the Personnel Handbook and she will work with Alice Linton
to compile a list of topics they discussed and any recommendations.
Tompkins County Council of Governments: Supervisor Barriere could not attend the
meeting so Councilperson Rider went in his place. Councilperson Rider reported the Chair
of the Tompkins County Board of Reps, Martha Robertson went to Albany. She had a
meeting with Mr. Cuomo’s Budget Director and they specially talked about the regulations
for hydro-fracking in NYS. The Budget Director did not really have a plan on how to assess
fees for permits. They had not yet decided on how they were going to measure the gas. In
Pennsylvania the drilling companies measured the gas. There is some feeling in New York
State that might not be the most prudent person to be in charge of measuring. New York
State has no severance tax. This means the state isn’t going to share any of the fees
collected from removal of nonrenewable resources, oil, gas, etc. We only have ad-valorem
taxes, which mean there is a big time lag on assessment under this process. Tompkins
County is the only small county that has 100% assessment and professional tax assessors.
The Time Warner contract has been expired for years so they are going to negotiate a new
contract. Supervisor Barriere stated that most of the municipalities have contracts. There
was a presentation on Broad Band. If you went to the meeting on Broad Band here in town
there was not much added to that. They still haven’t decided if they are going to write a
request to do a preliminary study which they have to do by September. Councilperson
Rider said she urged them to include Enfield and Mr. Haefele.
Old Business:
Update on Road Preservation Plan: Supervisor Barriere reported that was no update.
Dan Walker, Enfield Planning Board member, did go to the last meeting that was held in the
Town of Caroline. It was a very productive meeting but they still don’t have anything
concentrate to move forward with on a town road preservation law. He is hoping to get
together with Dan Walker, and work on the law. The Town still has to keep in mind to stay
in line with the other municipals on the road preservation law.
Park-and-Ride Update: Supervisor Barriere reported he did not hear anything from Nancy
Oltz, except they are just now sending out information for a survey. Councilperson Teeter
Enfield Town Board Regular Meeting, August 8, 2012
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wants to clarify that there is still no Park-and-Ride at the Enfield Town Hall. Supervisor
Barriere answered no there was not. Councilperson Rider reported she did a very
unscientific study on the Park-and-Ride. She was there one night when the bus came and
asked the riders if they would like the Park-and-Ride at the Town Hall. They said no
because they come from Mecklenburg.
Aquifer Study Discussion: Supervisor Barriere stated the Board does not need to act on
the Study tonight. By the September meeting the Board will know where they stand
financially for the year. Then they will know if they can go ahead and commit to a plan for 3
or 5 years. He thought maybe they could put some funds aside just to get things started.
Councilperson Howe-Strait asked if the Community Foundations only deadline is
September. Councilperson Rider answered they have different deadlines but the category
the Town falls under is September. They only want a one page letter and they technically
give on the low side perhaps $4,000.00. Councilperson Teeter suggested writing a letter to
Barbara Lifton. Councilperson Rider talked about the Park Foundation. It was thought the
Town of Caroline received some of their funding from there. Councilperson Rider
suggested that Supervisor Barriere ask TCOG about outside source funding.
Councilperson Teeter stated the Town needs to make a commitment to seek funding. The
state cap is 2%, maybe we can get a figure from assessment on what the increase of the
assessed value is going to be. Supervisor Barriere stated he will not hear anything
regarding the assessments for another couple of months. There was discussion on the
assessment and the fact that it probably would not grow that much from last year.
Councilperson Teeter said she did a quick calculation on a small 2% salary increase for the
permanent employees and that it would be in the neighborhood of $10,000 which does not
take in account for the any kind of benefit increase. The costs of a lot of things have gone
up so are we going to need to increase the budget to stay even so we don’t have to cut
services? Supervisor Barriere recommended the town pass the 2% cap like last year just
in case they make a mistake on the form. He said the one big item he will not have is the
retirement benefit. This is the one that has been hitting the Town hard that and
compensation insurance. Councilperson Teeter asked what the law time limit is on passing
a budget. Supervisor Barriere answered the final is November 20 and the budget is
presented in early October. The public hearing will be early November for the budget and
could be held as a separate meeting. The Board needs to make a decision on the Study in
September. Councilperson Rider will contact Barbara Lifton regarding the funding of the
Aquifer Study. The Aquifer Study will be on the agenda for next month.
Site Plan Review
Supervisor Barriere stated everything looks good for the most part from all of the interested
and involved agencies as stated in the Resolution 2012-#32 in the June 13, 2012 Town
Board Minutes. He did receive two notices, one from NYS Department of Transportation
(DOT) and they had 3 recommendations which he incorporated into the Site Plan Review
Law that he sent out.
NYS DOT Recommendations:
Section 2.3.G. To clarify intent and to insure that the State and County Highway
Departments, the Planning Board and DOT work together on locating driveway. The
wording of the first sentence is suggested to read as follows: For parcels within 200’ of any
intersection or situated upon any highway or grade or curve the location of the driveway …
Enfield Town Board Regular Meeting, August 8, 2012
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comments thereupon by the Town Highway Superintendent, Fire Department Chief, and if
applicable, the County Highway Department and NYSDOT.
Section 2.3.H. Suggestion is made to include the County Highway Department when
applicable. Which is also Section 2.2.A.3 suggestion is made to include similarly wording as
follows, at the end of section of 2.3.H, which is to include the pedestrian facilities for both
sites and public right-of-ways shall be provided to assure foundations. That was also
included in that section.
Section 3.B.2. Strike A and replace with The, which is dealing with the scale of the
drawings.
The only other comments were community and county wide impacts of the suggestion of
adding County Highway Planning to that one section that was stated by NYS DOT Section
2.2.2.
Supervisor Barriere stated there were two resolutions concerning the Site Plan Law.
Councilperson Teeter stated that was a small type-o in Resolution 12-37 – Environmental
Impact. Page 3 “Whereas, the only foreseeable impacts upon the environmental related”
should be environment related.
Supervisor Barriere asked if everyone had reviewed the Environmental Assessment form.
All Board members answered yes.
Supervisor Barriere moved, with a second by Councilperson Teeter to approve Resolution
#2012-37 with the change as noted by Councilperson Teeter on page 3, the first Whereas,
changed environmental to environment.
RESOLUTION 2012-37
RESOLUTION DECLARING ENVIRONMENTAL SIGNIFICANCE AND MAKING
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS IN RELATION TO TOWN
OF ENFIELD SITE PLAN REVIEW LOCAL LAW - LOCAL LAW #2 OF 2012
At a Regular Meeting of the Town Board of the Town of Enfield, held in and for the Town of
Enfield at the Enfield Community Building, 182 Enfield Main Rd., upon the 8th day of
August, 2012, the following Town Board members were present:
Chris Hern, Councilperson;
Vera Howe-Strait, Councilperson;
Ann Rider, Councilperson;
Debbie Teeter, Councilperson; and
Roy Barriere, Supervisor;
Upon discussion and deliberation thereupon, the following resolutions were duly made by
motion of Supervisor Barriere, and duly seconded by Councilperson Teeter; and the vote
was as follows:
Enfield Town Board Regular Meeting, August 8, 2012
9
Chris Hern, Councilperson; Aye
Vera Howe-Strait, Councilperson; Aye
Ann Rider, Councilperson; Aye
Debbie Teeter, Councilperson; and Aye
Roy Barriere, Supervisor; Aye
And, accordingly, the following resolutions were therefore duly approved and so adopted:
WHEREAS, since 2008 the Planning Board and the Town Bo ard have been working
cooperatively to develop a site plan review local law for the Town of Enfield to review certain
land uses and applications so as to preserve and protect the Town, its environment, and
residents from the potential negative impacts that certain developments can present or
cause; and
WHEREAS, a proposed final draft of such law has been duly presented to the Town Board
by the Town Supervisor, as drafted, reviewed, and revised by the Planning Board; and
public input thereupon was duly sought; and
WHEREAS, the New York State Environmental Quality Review Act (“SEQRA”) expresses a
desire that projects, including laws and rules that impact land use planning, be subject to
review as soon as is practicable. Accordingly, the SEQRA Long -Form Environmental
Assessment Form (“LEAF”), together with supporting information, was submitted for review
in relation to the proposed Site Plan Review Local Law, and such LEAF was deemed
complete and the Town Board, as lead agency, duly issued a notice of inte nt in relation to
the environmental review thereof, and also issued a General Municipal Law § 239 -l, -m, and
-n referral to the Tompkins County Planning Department; and
WHEREAS, the Town Board classified the action of adopting this Local Law as a Type I
SEQRA action pursuant to, inter alia, 6 NYCRR Part 617.4(b)(1), had identified Involved or
Interested Agencies, and had declared its intent to act as Lead Agency for SEQRA review;
and
WHEREAS, the following potential impacts were duly identified in the LEAF:
i. Site Planning will likely require an examination of development within sensitive
environmental areas such as steep slopes, gorge areas, wetlands, stream areas and
existing parks and parklands. However, without site planning such natural features
could not otherwise be effectively protected from the impacts of development, such that,
in context, any future impacts are deemed mitigated by the parameters of review and the
requirements of the site plan review law such that this impact is deemed non -significant;
ii. Site Planning will potentially affect the quantity or quality of existing or future open
spaces and recreational opportunities. While land development necessarily opts for one
land use over another, without site planning there would be no review of the potential
impacts upon recreational opportunities and open spaces. Thus, site planning provides
the Town of Enfield with the ability to protect, preserve, and promote the use and
creation of open spaces and recreation opportunities within the Town of Enfield, such
that this impact is deemed mitigated and non-significant;
Enfield Town Board Regular Meeting, August 8, 2012
10
iii. Site Planning will also potentially affect community growth and character, including by
setting precedents on how to develop land within the Town. Again, however, without site
plan review unregulated development could occur in a manner that could potentially be
detrimental to the character and orderly growth of the community. Such growth could
also negatively impact important Town resources, such as natural areas, parks, open
spaces, and agriculture. Thus, site planning seeks to preserve important community
features and characteristics in the face of growth, and thus mitigates this impact and
makes it non-significant; and
WHEREAS, two replies were received in relation to this review, including one from County
Planning and one from NYSDOT; and in relation to these comments the Town Board, after
duly considering these letters of input, has determined as follows:
i. County Planning has determined that this proposed local law has no negative inter-
community or county-wide impacts. Accordingly, the Town of Enfield has made no
changes to the proposed local law as a result of this § 239 review response from County
Planning; and
ii. NYSDOT issued comments about certain site planning aspects of roadway,
intersection, and traffic controls when addressing properties upon or near County or
State highways. Changes to the local law have been made in response thereto that
incorporate all the suggestions of NYSDOT. However, in respect of these changes, th e
Town Board finds that the suggestions made by NYSDOT were, when viewed in context,
mere clarifications of existing standards and rules within the site plan review local law.
Thus, the Town Board finds that the changes did not present the Town Board with any
need to effect any material or significant change in the local law or the site plan approval
or review processes as already under consideration therein; and
WHEREAS, the only foreseeable impacts upon the environmental related to the adoption of
site plan review standards are positive impacts as site planning will require a review of uses
and proposals that are deemed likely to have negative impacts, and will thus provide an
opportunity to mitigate such future impacts. Without site planning, such impact s could not be
effectively reviewed, reviewed in a single integrated process, and/or mitigated by review
recommendations as to land development. Thus, this local law will enhance and protect
natural and community environments such that the Town Board of th e Town of Enfield has
determined that it will issue a negative declaration of environmental impacts; and
WHEREAS, and after weighing: (i) the probability of each potential impact occurring; (ii) the
duration of each potential impact; (iii) the irreversibi lity of each potential impact, including
permanently lost resources of value; (iv) whether each potential impact can or will be
controlled or mitigated by permitting or other processes; (v) the regional consequences of
the potential impacts; (vi) the potential for each impact to be or become inconsistent with the
Town’s master plan and/or Comprehensive Plan and local needs and goals; and (vii)
whether any known objections to the Project relate to any of the identified potential impacts,
the Town Board found that these factors did not cause any potential impact to be or be likely
to become significant; and
WHEREAS, after due deliberation upon this matter and a review and analysis of each and all
potential environmental impacts, and the input from each and all Involved and Interested
Agencies, if any, the Town Board of the Town of Enfield, as Lead Agency, has hereby
Enfield Town Board Regular Meeting, August 8, 2012
11
RESOLVED, that the Town Board of the Town of Enfield be and hereby is again declared to
be the Lead Agency; and it is further
RESOLVED AND DETERMINED, that this declaration is made in accord with Article 8 of the
Environmental Conservation Law of the State of New York and the New York SEQRA Act,
and the Regulations promulgated there under, and accordingly, the Town Board of the
Town of Enfield, based upon (i) its thorough review of the LEAF, and any and all other
documents prepared and submitted with respect to this proposed action and its
environmental review, and all testimony and evidence presented in relation hereto, and the
comments of Involved and Interested Agencies, if any, (ii) its thorough review of the
potential relevant areas of environmental concern to determine if the proposed action may
have a significant adverse impact on the environment, including, but not limited to, the
criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the LEAF, including the
findings noted thereon (which findings are incorporated herein as if set forth at length),
hereby makes a negative determination of environmental signific ance (“Negative
Declaration”) in accordance with SEQRA for the above referenced proposed action, and
determines that an Environmental Impact Statement is therefore not required; and it is
further
RESOLVED, that a Responsible Officer of the Town Board of t he Town of Enfield is hereby
authorized and directed to complete and sign, as required, the determination of significance,
confirming the foregoing Negative Declaration, which fully completed and signed EAF and
determination of significance shall be incorporated by reference in this Resolution; and it is
further
RESOLVED that the Town Clerk submit the Environmental Notice Bulletin publication notice
and deliver and/or file a copy of this Resolution with the following persons and agencies:
1. The Town Clerk of the Town of Enfield.
2. The Town Supervisor of the Town of Enfield.
3. All Involved and Interested Agencies.
4. Any person requesting a copy.
Discussion: Councilperson Rider referred to the Site Plan Law, Page 12, Section 5.2 there
is an asterisk. The asterisk does not refer as anything. The asterisk was taken out of the
Section.
Vote: Councilperson Hern aye, Councilperson Howe-Strait aye, Councilperson Rider aye,
Councilperson Teeter aye, Supervisor Barriere aye. Carried
Supervisor Barriere stated the second resolution is adopting the law.
Supervisor Barriere moved, with a second by Councilperson Howe-Strait to approve
Resolution #2012-38.
RESOLUTION 2012-38
RESOLUTION ADOPTING AND APPROVING TOWN OF ENFIELD
SITE PLAN REVIEW LOCAL LAW - LOCAL LAW #2 OF 2012
Enfield Town Board Regular Meeting, August 8, 2012
12
At a Regular Meeting of the Town Board of the Town of Enfield, held in and for the Town of
Enfield at the Enfield Community Building, 182 Enfield Main Rd, upon the 8th day of August,
2012, the following Town Board members were present:
Chris Hern, Councilperson;
Vera Howe-Strait, Councilperson;
Ann Rider, Councilperson;
Debbie Teeter, Councilperson; and
Roy Barriere, Supervisor;
Upon discussion and deliberation thereupon, the following resolutions were duly made by
motion of Supervisor Barriere, and duly seconded by Councilperson Howe-Strait; and the
vote was as follows:
Chris Hern, Councilperson; Aye
Vera Howe-Strait, Councilperson; Aye
Ann Rider, Councilperson; Aye
Debbie Teeter, Councilperson; and Aye
Roy Barriere, Supervisor; Aye
And, accordingly, the following resolutions were therefore duly approved and so adopted:
WHEREAS, since 2008 the Planning Board and the Town Board have been working
cooperatively to develop a site plan review local law for the Town of Enfield to review certain
land uses and applications so as to preserve and protect the Town, its environment, and
residents from the potential negative impacts that certain developments can present or
cause; and
WHEREAS, a proposed final draft of such law has been duly pre sented to the Town Board
by the Town Supervisor, as drafted, reviewed, and revised by the Planning Board; and
WHEREAS, the Town Board, as lead agency, conducted an environmental review of this
action under and pursuant to SEQRA and its implementing regula tions and issued a
negative declaration of environmental impacts; and
WHEREAS, referral to the Tompkins County Planning Department was timely made in
accord with General Municipal Law §§ 239-l, -m, and –n, and County Planning identified no
negative inter-community or county-wide impacts related to the proposed site plan revi ew
local law; and
WHEREAS, notice of a public hearing was published and posted in accord with law and a
public hearing was duly held upon August 8, 2012, whereat the public was invited to
comment upon the proposed local law and speak in favor of or again st such local law, or
any part thereof, and whereat all persons interested in the subject were duly heard and all
evidence taken; and upon and in consideration of comments received during the SEQRA
process, the public hearing, and otherwise, and upon due consideration thereupon, the
Town Board of the Town of Enfield has hereby found that adoption of this local law is in the
public interests of the Town of Enfield and, accordingly, the Town Board of the Town of
Enfield has duly
RESOLVED, that Local Law Number 2 of 2012, entitled “Site Plan Review Law,” be and
Enfield Town Board Regular Meeting, August 8, 2012
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hereby is approved and adopted in the form as presented to this meeting, and in such form
“be it so enacted”; and it is further
RESOLVED, that in accord with Town Law and §21 of the Municipal Home Rule Law the
final adopted version of this Local Law shall be spread upon or attached to the Minutes of
this Meeting and presented to the Supervisor for approval; and it is further
RESOLVED, that upon such approval by the Supervisor (or other approval occurrin g
pursuant to said §21 of the Municipal Home Rule Law), and within 20 days after the final
adoption of this Local Law, the Town Clerk shall file a certified copy of this Local Law,
together with the required certifications, as follows: (i) in the Office of the Town Clerk; and
(ii) with the New York State Secretary of State as required by Municipal Home Rule Law §27
(said filing may be made by delivery to the State Records and Law Bureau, Department of
State, 41 State Street, Albany, New York 12231).
Discussion: Councilperson Hern noted that on Page 2, the public hearing was not held on
August 8, but on May 9. Councilperson Rider noted that the next word whereat is not a
word, it should be whereas and part thereof, and whereat should as read whereas.
Supervisor Barriere moved, with a second by Councilperson Howe-Strait to approve
Resolution #2012-38 with the corrections as noted on page 2 the date of the public hearing
should be changed from August 8, 2012 to May 9, 2012 and the word immediately after
changed as whereas.
Vote: Councilperson Hern aye, Councilperson Howe-Strait aye, Councilperson Rider aye,
Councilperson Teeter aye, Supervisor Barriere aye. Carried
New Business:
Supervisor Barriere reported the town received the franchise agreement from Haefele and
forwarded it on to the Town Attorney. He had a few recommendations and then he
forwarded the agreement on to Jeff Golden, and they were going to review the changes. He
has not heard back from them. What the Board could do is set a date for the public hearing
at the September meeting. If the Board does not get the agreement back before the 10 day
deadline we won’t have the public hearing.
Supervisor Barrier moved that a public hearing be held at the September 12, 2012 Board
meeting for the Franchise Agreement with Haefele at 6:30 pm. Councilperson Teeter
seconded the motion.
Vote: Councilperson Hern aye, Councilperson Howe-Strait aye, Councilperson Rider aye,
Councilperson Teeter aye, Supervisor Barriere aye. Carried
Announcements: Councilperson Rider reported they have 10 or 15 Cornell volunteers
coming out Tuesday to do volunteer work at the Fire Company. They are going to build
games for the Harvest Festival/ ECC and wash doors at the Fire Hall. There is going to be
a Safe Medical Disposal event in Enfield on September 29 at the old highway facility. There
is a signup sheet, they need 6 volunteers. It is from 9:00 am to 2:00 pm. The Town of
Caroline got 100 customers when then did it in April.
Enfield Town Board Regular Meeting, August 8, 2012
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Councilperson Teeter thanked Councilperson Rider for arranging the Cinema in the Center
event. August 31 is the next one, a double feature, a child’s movie and the old Foot Loose
movie will be shown.
.
Supervisor Barriere reported that the Town’s budget process has started and letters have
gone out to all department heads.
Volunteer of the Month: Two volunteers were submitted in one nomination letter. The
letter came from Vera Howe-Strait nominating Nancy Spero and Judy Hyman as Community
Volunteers of the Month. Nancy has been a resident of Enfield since 2000 and Judy since
1996. They have donated their time to a Square Dance Fund raiser for the Enfield School
Age Program. Please know that Nancy and Judy do not have children or family members in
the school. The fund raiser was successful.
Adjournment: Supervisor Barriere moved, with a second by Councilperson Teeter to
adjourn at 8:15 p.m.
Respectfully submitted,
Sue Thompson
Enfield Deputy Town Clerk