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HomeMy WebLinkAbout01-22-2020 Special Town Board Meeting Town of Enfield Special Town Board Meeting Enfield Community Building January 22, 2020 6:30 pm. Present: Town Supervisor Beth McGee, Town Councilperson Virginia Bryant, Town Councilperson Robert Lynch, Town Councilperson Mimi Mehaffey, Town Councilperson Stephanie Redmond. Town Clerk: Ellen Woods Call Meeting to Order​: Supervisor McGee called the meeting to order at 6:35 p.m. Changes to the Agenda Privilege of the Floor Dave Dimmick States that he lives in Enfield and would like to Speak on Pledge of Allegiance. He is a Vietnam Veteran and former Army Officer. Wants to talk about the Origin of the Pledge of Allegiance in the 1800s. States that the Pledge of Allegiance is a sign of respect for the Flag and a sign of Allegiance to the Flag. Under God was added in 1954. Believes each individual has the right to say the Pledge of Allegiance as they see fit and that is perfectly acceptable to do. Asks the Board to institute the Pledge of Allegiance back as an opening in each and every board meeting. Carol Woods States that she lives in Enfield Would like to protest the Pledge of Allegiance removal and especially the way it was Accomplished. ‘Did you take the time to take the pulse of other Enfield Residents on this issue?’ She understands the desire to be welcoming and inclusive. Carol Woods reads a written statement. Will follow up with a letter to the Board. Supervisor McGee Supervisor McGee asks if anyone else would like to speak for Privilege of the Floor. Supervisor McGee invites the crowd to recite the Pledge of Allegiance. Many residents recite the Pledge of Allegiance 2 DRAFT MINUTES Enfield Town Board Special Meeting, January 22, 2020 Supervisor McGee In response to this, as you can see, no one has banned the Pledge of Allegiance from these proceedings. You could have 20 people recite it during the privilege of the floor. It is a fact of personal liberty. Justice does not lead the proceedings with the Pledge of Allegiance. The Highway Department does not start their day with the Pledge of Allegiance. Anyone is free to recite the Pledge of Allegiance in Enfield meetings. It has not been banned. Dave Dimmick Concern that Board members will forget what the Flag means to the people of the Town. States that his fear is that the Flag will be removed next. The thought that the Flag removed next scares him. Believes saying the Pledge of Allegiance as a sign of respect is the right thing to do. States that he Swore an Oath to protect and defend the Constitution of the United States. Suggests that maybe the Board should discuss it more. Recommends the Board could say the words ‘Add the words Under God or not, as you desire.’ Councilperson Mahaffey would like to open the meetings so that we are all on the same page. Would like to say Oath of Office at the beginning of each meeting. ‘We ​do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of New York, and that we will faithfully discharge the duties of the office of Councilperson, according to the best of our ability.” Councilperson Mehaffey states that she would say the Oath of Office at every meeting, every week. Would like people to think about that and consider making a motion at the next meeting. Will consider making a motion at the next meeting. Supervisor McGee States that she values the work of the people who serve on the board. They do hundreds of hours of work for $3,500 a year. States that if Councilpeople were not committed to serving the Town they would not be there. Affirms that the Pledge of Allegiance is welcome in the Community Space but does not want to make a motion enforcing it. Councilperson Mahaffey Twice the Supreme Court found that compulsory Pledge of Allegiance was Unconstitutional. Councilperson Mehaffey states that she took an Oath to uphold the Constitution. States that she believes Patriotism is more than reciting 31 words. 3 DRAFT MINUTES Enfield Town Board Special Meeting, January 22, 2020 States that Serving on the Board is Patriotic Councilperson Bryant States that Thomas Jefferson wanted a barrier between Church & State. Speaks of turning down grant opportunities because it was illegal for her organization to take funds from a religious organization. Councilperson tells board that her son is a Captain in the Navy. She has spoken to her son about how they honor their country and they do not recite the Pledge of Allegiance during their work day. Supervisor McGee States that her husband is a Marine Corps Veteran. He has stated that he was never once required to say the Pledge of Allegiance in the course of his duties as a Marine. Dave Dimmick States that he does not believe saying the Pledge of Allegiance was a requirement. Remarks that he has been in a country where he looked to the United States Flag as a sign of safety. Agrees that he was never required to say the Pledge of Allegiance in the Military. Councilperson Mehaffey Discusses individual liberty versus coecian. Encourages the public to say the Pledge of Allegiance at every meeting! Believes there is a difference between government leaders leading the Pledge of Allegiance and a member of the public leading the Pledge of Allegiance. Councilperson Lynch Attended Cornell class. Councilperson Lynch discusses ‘agency’ of government leaders. Believes elected representatives do not have individual agency so much as they represent the agency of those they represent. Expresses concern that when you ask a Citizen to use their privelege time to say the Pledge of Allegiance, that may take away their time. Councilperson Redmond Remarks that the Board received emails from those grateful for removing the Pledge of Allegiance. States that the Board represents everyone. Believes it is also our job in government to also speak to the minority. Has to consider everyone’s point of view but also consider how it is affecting people. Councilperson Lynch states that he does not believe anyone should be forced to say the Pledge of Allegiance but rather given the opportunity to say the Pledge of Allegiance. Dave Dimmick suggests compromise of Supervisor inviting people to say the Pledge of Allegiance. Asks the Board to ask ‘is there anyone here who would like to say the Pledge of Allegiance’. 4 DRAFT MINUTES Enfield Town Board Special Meeting, January 22, 2020 Suggests that there are alternatives and that no one should feel coerced whether to say it or not to say it. Supervisor McGee asks Dave if he feels he has a respectful conversation with the Board tonight. He agrees he did but wants to see some action outcome. Supervisor McGee suggests that it is possible that the Board heard him but that may not reach consensus on an outcome. Dave Dimmick states that there are people who believe in the Pledge of Allegiance and he is one of them. Understands and respects the reason of those who are uncomfortable. Believes he would like the Board to invite the public to say the Pledge of Allegiance as a compromise. Carol Wood Hopes that she did not give the impression that she did not value the work of the Board. She does and marvel at the work, dedication, and commitment it takes to serve. Appreciates the solution that was suggested. States that she would be very happy if everyone who wants to say the Pledge of Allegiance would be given the opportunity. Dave Dimmick Appreciates the opportunity to express his opinion to the Board. Believes that the Board conversations are respectful and ‘a far cry from what it used to be’. Old Business​: Highway Law §284 Agreement* Supervisor McGee notes that 284 agreement. Has asked that Buddy be at the meeting and he is not at the meeting Councilperson Mehaffey states that the conflict that Aiken Road was on Cornell Roads program from 100,000 dollars. It is on 284 for 160,000. Why? Very helpful. She was ready to sign when her question about the other two roads was answered. Supervisor McGee states that the Board needs to have a conversation about additional 60,000. If the Town has the information during budget time, they can provide appropriate funding. Board would like to have it at least a week before, but would really love to have it at budget time. If the Board has the 284 at Budget Time, they can have real information. We know that promises were made about Rockwell road. Beause it is the purview of the Town Board to figure out funding for things, states that the Board would like the opportunity to do so. 5 DRAFT MINUTES Enfield Town Board Special Meeting, January 22, 2020 Councilperson Mehaffey Councilperson Mehaffey believes we can ask that question and still sign the agreement. Does not want a power struggle. Power struggles cost the board money. Councilperson Mehaffey believes in the past that power struggles have cost the town money in the past. Supervisor McGee reminds Board that in the last two years all that was expended from 284 in the first 3 months was hauling crusher run. This can be hired out and is comparable in price. Supervisor McGee does not want to put off these conversations or be pressured to sign an agreement. Compares this situation to the Fire Company saying the school is going to shut down if there is no contract. Councilperson Lynch met with Highway Superindent Monday January 20, 2020. Superintendent Rollins stated that just because AikenRoad is on the 284, does not mean they may not get to Rockwell road. May be able to put Rockwell in 144 general maintenance. Councilperson Lynch suggested that Highway Superintendent Rollins could come to Board in December. Superintendent Rollins decides what roads are to be done. Councilperson Lynch suggested that Superintendent Rollins come to Board in December, but even better at Budget time. Councilperson Lynch does not want to be pushed into a situation in January. Councilperson Lynch is prepared to sign tonight based on his conversation with Highway Superintendent Rollins. Councilperson Redmond asks Councilperson Lynch if they discussed increased cost from delaying repair of the other two roads. Councilperson Lynch suggests Councilperson Redmond would have to contact Superintendent Rollins. Suggests that the answer may depend on weather conditions in the Spring. Councilperson Bryant would like to see Superintendent Rollins coming to the Board in late November. Councilperson Byrant does not think this should happen again. Councilperson Mehaffey 6 DRAFT MINUTES Enfield Town Board Special Meeting, January 22, 2020 We need to be clear about our expectations going forward with what we expect and when we expect it. Suggests that she does not believe the Board has been sufficiently clear. It is an elected position and we do need to respect that. Estimates that 80% of all taxes that come in go to the Highway Department. Almost 80% of every dollar that goes in, goes out to the Highway Department. We have not had decision making authority. Huge part of the budget. Does not know why Buddy is not here, hopes it is not part of a power struggle. Does not want to start the year in that situation. Supervisor McGee clarifies that we do have the decision making authority. Councilperson Mehaffey states that it is a huge responsibility to the Town. Supervisor McGee clarifies that the 284 agreement can be amended at any time by the Highway Superintendent. The 284 agreement also can be amended by the Board at any time. Supervisor McGee hopes that she provided as much information as she could for the Board: Capital Plan, Superintendent Rollins’ letters, the Budget, and opinion from the NYS Comptroller. Supervisor McGee passes the 284 agreement to the Board, stating that whoever would like to sign may sign the agreement. Councilperson Lynch asks if this should be the Resolution. Supervisor McGee clarifies that it does not need to be a Resolution. Councilperson Redmond asks if we will have an opportunity to discuss the overall budget with the Highway Superintendent Rollins and whether we will need to raise taxes to fix the roads. Councilperson Mehaffey states that Highway Superintendent Rollins is on the Finance Committee. Supervisor McGee states that we now have a Capital Plan. Action event:​ 284 Agreement is signed by the Board Solar Installation RFP* Terry Carrol. Works for Cornell Cooperative Extension. Clean Energy Actions. Lists 10 actions. Enfield received $50,000 in grant funding because we accomplished 4 of those 10 actions. 7 DRAFT MINUTES Enfield Town Board Special Meeting, January 22, 2020 Enfield is designated as a clean energy community. New Board Members and Town Clerk introductions Councilperson Mehaffey believes new RFP is needed. Councilperson Mehaffey wants to know deadlines that we have. States that this was the Board’s first Solar RFP. States that it was not fair to either bidder to compare Apples & Oranges. Councilperson Mehaffey would like to still see it built this year. Supervisor McGee believes this is do-able. Councilperson Mehaffey discusses Remote Net Metering compared to Net Metering. The bids are too different. Counciperson Mehaffey would like to propose that batteries are not included in the bid and not complicate the bid. Councilperson Bryant Spoke with director of Community Services from Tompkins Community Action for input and agrees she would like the Board to start the process again. Councilperson Lynch went to Olin library to look at bids. Councilperson Lynch agrees it is comparing apples and oranges. Councilperson Lynch agrees with Councilperson Mehaffey that we should reject all bids and rebid. Highway Superintendent Rollins believes he can get a used generator for $6,000. Councilperson Redmond suggests based on her experience that generators are better for backup power systems. Councilperson Mehaffey states that issuing a new RFP is cleaner ethically. A previous Board Member’s daughter submitted one of the bids and stated in a meeting that he helped to write the bid. Terry Carrol agrees with the Board that comparing the bids was comparing apples to oranges. Math did not always clearly add up. The new RFP should be very clear on how companies valuing the energy. Terry Carrol disucsses Net metering vs Value Stack valuation. Other things to be aware of NYSERDA incentive. It is possible this would be reduced from 45 cents a watt. This may be a reason to expedite the process. Batteries perform a different function to a generator would for a highway garage. If it is keeping the lights on or keeping computers on, a Battery could be better. If it running large equipment, a generator is preferred. 8 DRAFT MINUTES Enfield Town Board Special Meeting, January 22, 2020 If Board is looking at a new RFP situation, advises they really spell requirements out as much as they can. Councilperson Mehaffey asks Terry to define Value Stack vs Net Metering. Terry Carrol discusses Residential Bills. These include Supply Charges and Delivery Charges. Municipal Bills have an additional element which is Demand Charges and can be the majority of the Bill in some cases. Unclear if the bid is covering Demand and Metering Charges. Value stack has an improved chance of offsetting Demand and Metering charges. Terry Carrol advises that if the Board ask for a depiction of the new bill including ALL charges from bidders.Councilperson Mehaffey asks Terry Carroll to help with this apsect of new RFP. Councilperson Mehaffey states the advantage of remote net metering would be the ability to add on to the system later. States that her hope is that all community buildings may be powered this way someday. Councilperson Redmond asks can we eventually add batteries later with either system? Terry Carrol states that it is possible but may not be as easy with Remote Net Metering. Councilperson Mehaffey states that Batteries may be more appropriate for a Municipal System. Councilperson Lynch believes we may get a lower price if we reject all bids and remove the battery system from new RFP because we may get more bidders. Councilperson Mehaffey states that her understanding that a requirement for the grant is displacing a certain amount of carbon. Terry states that 20 year payback is requird and has be an issue for other towns and may be more of a challenge. Terry states that State looks at EPA EGrid numbers. Breaks the state into three different territories. We are amongst the cleanest grids in the Country. Suggests that it is not as localized as Councilperson imagined. Beth only one provided signed statement that they commit to adiding by NYSERDA’s regulations. 9 DRAFT MINUTES Enfield Town Board Special Meeting, January 22, 2020 Supervisor McGee moves that we reject all bids Councilperson Lynch seconds the motion. Discussion Supervisor McGee asks Board ‘when we would do that?’ Councilperson Lynch suggests that we do it as soon as we can Supervisor McGee would like added language about best value law and language about rejecting all bids Councilperson Lynch suggests that Supervisor takes the lead on the project. Supervisor McGee states that she does not wish to. Councilperson Redmond volunteers to take the lead. Councilperson Mehaffey asks if we should do $58,000 for the new Bid? Supervisor McGee would like to keep it at $50,000 for the Bid. Board discusses whether the new RFP will require Remote Net Metering Councilperson Redmond likes Remote Net Metering. Councilperson Mehaffey likes Remote Net Metering because it makes the system more expandable. Councilperson Mehaffey discusses the option of letting citizens buy in to the System. Terry Carrol states that Remote Net Metering will allow this in the future. Councilperson Lynch volunteers to help with project. Supervisor McGee is not taking it on because she already does all reporting to NYSERDA and that is a large project. Action item:​ Supervisor McGee will send NYSERDA timeline to the Board. VOTE: Councilperson Bryant, Aye, Councilperson Lynch, Aye, Councilperson Mehaffey, Aye, Councilperson Redmond, Aye, Supervisor McGee, Aye, 10 DRAFT MINUTES Enfield Town Board Special Meeting, January 22, 2020 Action Item: ​Supervisor McGee will communicate with bidders. Action Item: ​Councilperson Redmond will communicate with Terry Carrol. Business card discussion: Councilperson Mehaffey asks if Terry Carrol has a business cards. Councilperson Lynch states that he wished he had had business cards at the Association of Towns training. Supervisor McGee states Councilperson Lynch can order business cards and charge to contractual line. New Business​: Comprehensive Plan Draft Scope for Draft Generic Environment Impact Statement* Supervisor McGee presents the Draft Scope of Comprehensive Plan to the Board If we accept it as a draft, we can start timeline on it. Board can set the timeline. Worked with Councilperson Sims and pulled out aspects that may require additional input. Once those issues are incorporated into the Draft, the Draft becomes the Final. Once the Draft is available and the Board accepts the Draft Enviromental Impact Statement. Then the 30 days begins. Incorporate any questions or concerns. That becomes the Final Generic Impact Statement. Outline of Environmental Impact Statement based on SEQR guidanace. Supervisor McGee states that as of January this year, a Scope is required. All this is, is an outline of how we are going to do the Generic Impact Statement. Based on the SEQR guidance. New requirement as of January of this year. Supervisor reminds the Board they not have to act tonight, however then the 20 day period starts at the next meeting, instead of this one. Councilperson Mehaffey thinks it is great, Councilperson Bryant agrees, ready to accept. Councilperson Lynch just has a correction on the first page. Councilperson McGee makes change and accepts. Supervisor McGee asks if there are any objections, there are none. 11 DRAFT MINUTES Enfield Town Board Special Meeting, January 22, 2020 Supervisor McGee states once the Environmental Impact Statement is done, we still have to do a Short Environmental Assessment Form. 10 days after EIS is done needs to put together a finding statement. Board discusses updating the data after the 2020 Census as an addendum. Supervisor McGee moves that we accept the draft scope for the draft Generic enviromental impact statement for the 2020 Comprehensive Satement. Councilperson Mehaffey seconds the motion. Action item​: Beth will meet with Matt do work on the draft EIS. Supervisor McGee asks if there is any more discussion. VOTE: Councilperson Bryant, Aye, Councilperson Lynch, Aye, Councilperson Mehaffey, Aye, Councilperson Redmond, Aye, Supervisor McGee, Aye. Announcements: Councilperson Lynch: Point of information. Tompkins County legislature is still without a permanent chair. Second ballot for Chair Tuesday, Januaray 21: Mike Sigler continues as temporary chair. If it goes 30 days from initial balloting, after meeting on 4th of February, County Clerk gets to appoint a leader. Councilperson Lynch states he learned from Mike Sigler that his voice was on CNN. Supervisor McGee makes a motion to Adjorn, Councilperson Lynch seconds the motion. Adjournment​ 7:58