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Town of Enfield
Regular Town Board Meeting Minutes
Enfield Community Building
Wednesday, April 13, 2016
6:30 p.m.
Present: Town Supervisor Ann Rider, Town Councilperson Virginia Bryant, Town Councilperson
Mike Carpenter, Town Councilperson Henry Hansteen, Town Councilperson Michael Miles, Town
Clerk Alice Linton, Town Highway Superintendent Buddy Rollins.
Supervisor Rider opened the regular meeting at 6:30 p.m. by leading the assemblage in the Pledge of
Allegiance to the Flag.
Supervisor Rider stated she would be pulling the Resolution on Future Intent Relative to Moratoria
and Amendments or Updates to the Wind Farm Local Law from the agenda.
Privilege of the Floor:
Jude Lemke of Enfield spoke about the sale of Black Oak Wind Farm to Onyx, the decommissioning
bond for the Black Oak Wind Farm, and her feeling that LaBella did not previously address all
comments made on the Draft Environmental Impact Statement.
Mimi Mehaffey of Enfield asked the town board to take a hard look at the impact of changes to the
Black Oak Wind Farm Draft Supplemental Environmental Impact Statement (DSEIS). She has
asked, and continues to ask, for raw data from the noise reports on turbines. Time is needed to
analyze the data.
Dawn Drake of Enfield stated she appreciates all the work the Wind Farm Advisory Committee has
done. However, she doesn't feel concerns have been addressed. She asked what compensation
residents can expect who live in the area of the wind turbines. She would like to see a moratorium
put in place.
Marcus Gingerich of Enfield reiterated Black Oak Wind Farm documents state initial construction
began 3 years ago, commencing with the excavation of road access for the wind farm which was
completed in December of 2013, and also recently completed excavation of a foundation hole for a
permanent meteorological tower. He feels by their own documentation Black Oak Wind Farm has
circumvented the SEQRA process. He would like the town board to consider a moratorium so the
issues being raised can be addressed.
Tom Fucillo, Esq. of Syracuse stated he represents Jude Lemke. He feels the SEQRA process has
not been completed and the project cannot be started until the process is complete. If construction
has not legally been started, there are no vested rights. He suggested the Town of Enfield Wind
Farm Law should be modified, especially on the issue of noise. He feels there is no need to rush this
project through. LaBella had indicated in documents that there were additional comments to the
DSEIS that needed to be addressed. He would like to see the town board involved in the process and
not just rubber stamp it.
Marguerite Wells of Enfield, project manager of the Black Oak Wind Farm, stated a hole was dug to
qualify for federal tax credits. A $600,000 electrical transformer has been purchased that cannot be
returned, and if sold will only bring pennies on the dollar. She hears the fears of residents, but feels
Enfield Town Board Regular Meeting, April 13, 2016 2
the fear of losing property values aren't borne out by actual data. Enfield has no zoning, and there is
no reason to penalize one business over another.
Beverly Gingerich of Enfield read an article about the Hardscrapple Wind Farm in Madison
Township, PA where residents are having issues with noise and flicker from wind turbines. She
asked if the town wants an industrial energy facility or a place to raise families. She thanked the
town board for giving residents time to address concerns.
Consent Agenda: Supervisor Rider asked if anyone would like an item removed from the Consent
Agenda for discussion. No request was made. She asked Councilperson Carpenter to read the audit
claim motion out loud and she asked that "town board" and "attorney" be capitalized on pages 2 and
3 of the March 16 minutes.
Supervisor Rider moved, with a second by Councilperson Miles to approve all items on the Consent
Agenda as follows:
Approval of Minutes of the Enfield Town Board Regular Meeting of March 9, 2016, the
Special Meeting of March 16, 2016 and the Special Meeting of March 25, 2016.
Budget Amendment #2016-12
WHEREAS, bills cannot be paid from budget line DA9950.9 titled “Transfers to Capital Funds
Equipment Reserve”, but have to paid from an active budget line, now therefore be it
RESOLVED, that Highway Fund line DA9950.9 be decreased by $150,000.00 and Highway Fund
line item DA5130.2 titled “Machinery-Equipment” be increased by $150,000.00.
Audit Claims: The Town Board authorizes the Supervisor to pay General Fund vouchers #99 to
#138 dated April 13, 2016 in the amount of $41,276.20, and Highway Fund vouchers #52 to #76
dated April 13, 2016 in the amount of $41,021.97.
RESOLUTION # 2016-44 Bond Payment
WHEREAS, The Town of Enfield borrowed funds to construct a highway facility in 2012 and
WHEREAS, this money has to be repaid, now therefore be it
RESOLVED, the bookkeeper is authorized, prior to April 15, 2016, to wire $65,000.00 in principal
and $19,284.38 in interest to the bank holding the bonds.
RESOLUTION #2016-45 Acceptance of Bid to Paint the Town Hall
WHEREAS, the Town of Enfield put out a bid to paint the Town Hall on March 3, 2016 and
WHEREAS, a legal notice was placed in the Ithaca Journal on March 4, 5, and 7, 2016 and
WHEREAS, bids were received on March 23, 2016 and opened at 5:00 p.m. at the Enfield Town
Hall in front of the Town Clerk and
WHEREAS, the following bids were received for painting the Enfield Town Hall:
Enfield Town Board Regular Meeting, April 13, 2016 3
First General Property and Restoration Specialists, Endwell, NY $ 13,536.78
James and Sons Construction Co., Inc, Skaneateles, NY $ 24,300.00
Blue Spruce Painting & Decorating, Inc., Ithaca, NY $ 23,735.00
Wright Bros. Painting, Trumansburg, NY $ 13,500.00
Marchuska Bros. Construction, LLC, Endicott, NY $ 14,800.00 and
WHEREAS, references were sought for Wright Bros. Painting, First General and Marchuska Bros.
and they were all favorable, now therefore be it
RESOLVED, that the lowest responsible bid is awarded to Wright Bros. Painting, 6211 Burr Rd.,
Trumansburg, NY 14886 and the Supervisor is authorized to enter into a contract for this work with
Wright Bros. Painting to begin after May 1, 2016 and be completed by November 1, 2016.
Vote on Consent Agenda: Councilperson Bryant aye, Councilperson Carpenter aye,
Councilperson Hansteen aye, Councilperson Miles aye, Supervisor Rider aye. Carried
Correspondence: Letter from NYS Department of Taxation and Finance with a Notice of Tentative
Telecommunications Ceiling for the 2016 assessment role and Notice of Tentative Special Franchise
Full Value.
Tompkins County Youth Services Department update.
Press release from Tompkins Consolidated Area Transit asking for stakeholders to push for better
funding at the state level to meet passenger demand.
Notice from the NYS Department of Public Service of public statement hearings regarding proposed
increases to delivery rates for NYSEG and Rochester Gas and Electric Corporation.
Presentation by Jay Franklin of the Tompkins County Board of Assessment: Mr. Franklin
stated each taxing jurisdiction can choose what exemptions they would like to offer. He explained
how the county determines income levels and that residents need to apply each year. The Town of
Enfield is the only town in Tompkins County that doesn't currently offer a disability exemption. He
also explained how the tax burden would shift if exemptions were increased. A change would need
to be done by local law and would take effect on the 2017 assessments, which would be reflected in
2018 tax bills.
County Legislator Report: Dave McKenna stated the County Legislator accepted a homeland
security grant of $27,500 for the Tompkins County Sheriff's Office. He announced Tompkins
County Soil and Water will be accepting old tires on April 23 from 11 a.m. until 2 p.m. at the
Lansing Town Barns. There will be a charge for the old tires.
Highway Superintendent Report: Highway Superintendent Buddy Rollins reported the crew is
getting ready for summer work. They have replaced a pipe on Teeter Road with help from the Town
of Ithaca. He asked if the money had been budgeted for clean-up week and if there were plans to
schedule it. He suggested June 7-11 with hours of Tuesday through Friday from 12-5 and Saturday
from 7-12. Supervisor Rider stated money was budgeted and she will arrange advertising.
Superintendent Rollins will arrange for dumpsters. He asked if there was a franchise agreement with
Clarity Connect and if they had permission to install a pole in the Town of Enfield right -of-way on
the last mile of Fish Road. Supervisor will research this. Superintendent Rollins stated Local Law #2
of 2010, Excavation and Construction in Municipal Roadways, needs a permit application in order to
Enfield Town Board Regular Meeting, April 13, 2016 4
be enforced. Fees would need to be determined for the permit. Superintendent Rollins asked how
the Park and Ride work was done without board approval. He stated he will provide an updated
vehicle replacement chart in September as he does each year.
Code Enforcement Report: Code Enforcement Officer Alan Teeter reported in March there were
6 building permits issued or renewed bringing the year to date total to 10. There were 2 solar permits
issued bringing the year to date total to 4. He issued 1 certificate of completion, completed 1
foundation inspection, 2 framing inspections, 3 plumbing inspections and 1 final inspection. He
completed 11 progress checks, and received 1 valid complaint. He completed 1 fire and safety
inspection and issued 1 house number. He stated new building codes came out last week and new
code books will be provided for free by New York State.
Councilperson Miles asked how much construction could be done on the Black Oak Wind Farm
without a permit. Officer Teeter replied no structure could be built. Roads are governed by the
Department of Environmental Conservation - if over 1 acre is disturbed a permit would be needed,
but cutting trees is not included.
Supervisor's Report: Supervisor Rider reported she attended the monthly TCCOG meeting, a
meeting on solar power, a TCAD board meeting, a Wind Farm Advisory Committee meeting and a
meeting of the Health Consortium's Joint Committee on Plan Structure and Design. She wrote an
article for the Currents Community Newsletter, met with Anna Long regarding an Enfield Town
Flag Policy, met with Laura Shawley, Danby Deputy Supervisor and Carl Seamon, Danby Highway
Superintendent. She held 3 special town board meetings on wind farm matters, opened paint bids,
arranged 2 public hearings and had a meeting regarding cyber-security.
Committee Reports:
Wind Farm Advisory Committee: Councilperson Miles stated the written report of the committee
has been submitted. The town board can use it as they see fit. Each section has conclusions and
guidance. The committee met almost weekly since being formed, and spent a lot of time reading and
researching. They could have spent more time, but wanted to get information to the town board
during the public comment period for the DSEIS. The next step for the committee could be to make
recommendations on changes to the Town of Enfield Wind Farm Law.
Councilperson Bryant stated for the record that she appreciated all the work done by the committee.
Supervisor Rider thanked the committee for their diligence. Councilperson Hansteen also thanked
the committee.
Councilperson Miles briefly went over some of the sections in the written report.
Planning Board: Chair Dan Walker reported the board did not meet this month as there were no
actions in front of the planning board. They will be going through the Site Plan Review Law as there
are concerns about thresholds for businesses. He noted that the law regarding membership on the
planning board allows for 2 alternate members. A formal process for determining those 2 members
is not stated. Dan Walker will write up something that can go on the town's website.
Councilperson Bryant moved, with a second by Councilperson Carpenter to accept letters of interest
for 2 alternate members to the Enfield Planning Board until June 15, 2016.
Enfield Town Board Regular Meeting, April 13, 2016 5
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen
aye, Councilperson Miles aye, Supervisor Rider aye. Carried
Recreation Partnership: No report.
Enfield Volunteer Fire Company: There were 31 calls in March of which 17 were EMS calls, 7
service calls, 2 false alarms, 3 fires and 2 good intent calls. Trainings in April will include vehicle
extrication scene safety and Treman Park rescues. There will be an open house at the fire station on
April 23 from 10:00 a.m. until 2:00 p.m. It was noted a burning ban is in place until May 15.
Supervisor Rider moved, with a second by Councilperson Bryant to adopt Resolution #2016-46.
Resolution #2016-46 Approval of the "Approval of Borrowing" for the Enfield
Volunteer Fire Company
RESOLVED, that the undersigned members of the Town Board of the Town of Enfield, Tompkins
County, New York upon reading the Appointment of Hearing Officer executed by Ann Rider,
Supervisor dated March 9, 2016; the Notice of Public Hearing published on March 14, 2016 in the
Ithaca Journal; and the Report of Hearing Officer dated March 29, 2016 for the Public Hearing held
on March 29, 2016 at 7:00 p.m.; hereby approve the "Approval of Borrowing" attached hereto and
further direct that the Enfield Town Supervisor execute such "Approval to Purchase" on behalf of
the Enfield Town Board.
Ann Rider, Town Supervisor
Michael Carpenter, Councilperson
Virginia Bryant, Councilperson
Henry Hansteen, Councilperson
Michael Miles, Councilperson
Approval of Borrowing by Elected Representative of Political Subdivision Contracting for Firefighting Services
I, Ann Rider, Supervisor of the Town of Enfield in accordance with the requirements o f section 147 and related sections
of, and regulations under, of the Internal Revenue Code, and in reliance upon certain recommendations and other
information submitted to me, and subsequent to a dully conducted public hearing concerning the matter, do her eby
approve borrowing and the issuance of an obligation evidencing such indebtedness by the Enfield Volunteer Fire
Company, Inc. (the "Volunteer Fire Department") from the Bank of Greene County to refinance the existing mortgage
and finance certain improve ments of the fire station facility by such Volunteer Fire Department, which fire station
facility is located at 172 Enfield Main Road, Enfield, New York.
The proposed refinancing of the existing mortgage and finance certain improvements of the fire statio n facility located at
172 Enfield Main Road, Enfield, New York, which is used for housing and storage of firefighting apparatus, vehicles
and related equipment as well as for training, administrative and related faci lities in order to render fire protection
service to the Town of Enfield pursuant to a contract for the period January 1, 2013 through December 31, 2017 between
the Volunteer Fire Department and the Town of Enfield. The proposed refinance will be in the maximum face amount of
$612,000.00. The Enfield Volunteer Fire Company, Inc. is the owner, operator and manager of the fire station facility
described herein.
Execution of this document in no way creates liability on the part of the Town of Enfield and the Town of Enfield is not
responsible for the repayment of any bonds issued pursuant thereto.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson Miles aye, Supervisor Rider aye. Carried
Enfield Town Board Regular Meeting, April 13, 2016 6
Facilities Manager: Supervisor Rider stated she has been receiving frequent calls from Alarm
Tech. Highway Superintendent Rollins remarked whenever the phone line has a glitch, the alarm
goes off. Supervisor Rider stated Haefele agreed to meet with her about this problem, but they have
never followed through. She will make one more attempt to meet with Haefele regarding this
problem. Highway Superintendent Rollins mentioned a power surge in the building a few weeks ago
blew all the fuses for the overhead doors. Councilperson Carpenter will check with the NYSEG
engineer for this area and see what they can do about power surges that may be causing this.
Old Business:
Update on Broadband: Supervisor Rider stated residents who are interested in receiving broadband
service from Clarity Connect need to sign up.
Solar Farm Law Update: Supervisor Rider stated she has sent information to town board members,
but the information has not been made available to the public yet, so there was no discussion.
Town Solar Panel Installation Update: The Town of Danby will be contacted to see how their
system is set up.
Update on the Park and Ride: Supervisor Rider stated at the March 9, 2016 regular town board
meeting no vote was taken on this subject after a motion was made. She suggested a solution would
be to revisit the motion.
Councilperson Miles felt 2 quotes were needed according to the procurement policy. It was
questioned whether the price of materials should be included in the total cost.
Highway Superintendent Rollins stated his crew could have done the job for about $500, not
including the expensive of the large rocks. Supervisor Rider stated she e-mailed Superintendent
Rollins about doing the job. Superintendent Rollins stated he only received an e-mail asking about
using logs for delineation. He felt this was an unnecessary use of taxpayer's dollars.
Councilperson Carpenter asked if the work was already done. Supervisor Rider stated that the job
was completed.
Councilperson Bryant moved, with a second by Councilperson Miles to hire Patrick Head to do the
preparation work for a Park and Ride and Jeff Juber to haul the materials for the Park and Ride, and
to pay Patrick Head and Jeff Juber for their work.
Discussion: Councilperson Hansteen asked for clarification that the work had already been
completed. Supervisor Rider stated it had, but the work still needed to be authorized.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson Miles aye, Supervisor Rider aye. Carried
Councilperson Bryant moved, with a second by Councilperson Miles to pay Patrick Head per his
contracted amount, not to exceed $4,999.00.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson Miles aye, Supervisor Rider aye. Carried
Enfield Town Board Regular Meeting, April 13, 2016 7
Councilperson Bryant suggested there should be better communication between elected officials in
the future so a situation like this doesn't come up again.
Highway Superintendent Rollins asked why 2 quotes weren't obtained for the work since the cost
was $7,800 without the gravel.
Supervisor Rider stated she will ask the town attorney what should be done about this situation.
Highway Superintendent Rollins stated if he had been given seasonal help as he originally requested,
the painting of the town hall could have been done for approximately $8,000. The town is now going
to pay $14,000 for the job to be done.
Highway Building Assessment: Supervisor Rider stated a bill has been received, but no report has
been presented. Dan Walker will check into the progress of the report from LaBella.
Setting a Public Hearing on Local Law #1 of 2016 "Senior and Disabled Citizens" Real Property
Partial Tax Exemptions: Supervisor Rider stated the local law has not been looked at for many
years. In order to update the local law, a public hearing needs to be held.
Councilperson Bryant moved, with a second by Councilperson Carpenter to adopt Resolution
#2016-47.
Resolution #2016-47 Public Hearing on Local Law # 1 of 2016 - Senior and
Disabled Citizens' Real Property Partial Tax Exemptions
WHEREAS, the Town of Enfield passed a local law in 1990 providing certain exemptions from
Real Property Tax to persons 65 and older, pursuant to Section 467 of the New York Real Property
Law and
WHEREAS, Enfield has never granted an income exemption to low income disabled landowners
and
WHEREAS, these limits have not been reviewed in several years and after review of other
municipalities income limits, and
WHEREAS, a Public Hearing has to be held on any proposed new Local Law, now therefore be it
RESOLVED that a Public Hearing be held on May 11, 2016 at 6:30 p.m. at 182 Enfield Main. Rd.,
Ithaca, New York on the proposed LOCAL LAW # 1 OF 2016 - SENIOR AND DISABLED
CITIZENS' REAL PROPERTY PARTIAL TAX EXEMPTIONS which is attached and made a part
of this resolution. The Town Board further directs the town clerk to advertise this public hearing and
file and circulate this resolution to the extent required by any applicable ordinance, statute or
regulation.
TOWN OF ENFIELD, TOMPKINS COUNTY, NEW YORK
LOCAL LAW NUMBER __ OF 2016
SENIOR AND DISABLED CITIZENS’ REAL
PROPERTY PARTIAL TAX EXEMPTIONS
SECTION 1: Repealer and Effective Date: All prior local laws, ordinances, resolutions and other prior
Enfield Town Board Regular Meeting, April 13, 2016 8
legislation of the Town of Enfield relating to senior citizen and disabled citizen tax exemptions, as allowed
under and pursuant to the authority granted to the Town of Enfield as a taxing authority by and through the
New York State Real Property Tax Law § 467, be and hereby are repealed and superseded hereby. In the event
of any irreconcilable conflict between this local law and the New York State Real Property Tax Law, such state
statutes shall govern. This local law shall take effect immediately upon adoption.
SECTION 2: Authority and Purposes: Pursuant to the provisions of § 467 of the Real Property Tax
Law of the State of New York, real property located in the Town of E nfield, County of Tompkins, owned by
one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife,
one of whom is 65 years of age or over, or real property owned by persons with disabilities, shall be partially
exempt from taxation by said Town of Enfield for the applicable taxes specified in said § 467 based upon the
qualifications and income of the owner, or the combined income of the owners, pursuant to the provisions of
this local law as set forth herein.
SECTION 3: Exemption Tables: Such partial exemption shall be to the extent set forth in the
following schedule:
Annual Income Percentage of Assessed Valuation of Property Subject to Exemption
Up to $24,000 50%
More than $24,001, but less than $24,999 45%
More than $25,000, but less than $25,999 40%
More than $26,000, but less than $26,999 35%
More than $27,000, but less than $27,899 30%
More than $27,900, but less than $28,799 25%
More than $28,800, but less than $29,699 20%
More than $29,700, but less than $30,599 15%
More than $30,600, but less than $31,499 10%
More than $31,500, but less than $32,399 5%
SECTION 4: Qualifications: The partial exemption provided by this local law shall be limited to
such property and persons as meet the conditions, qualifications, exclusions, and limitations set forth in § 467
of the Real Property Tax Law of the State of New York. This Local Law shall be administered in accordance
with the Real Property Tax Law, as now adopted and as may be amended from time to time.
SECTION 5: Application Procedures: Application(s) for such exemption(s) must made by the owner
or all of the owners of the property on forms prescribed by New York State as furnished by and to th e Tompkins
County Assessment Department. All of said owners shall furnish the required information and execute the
forms in the manner required by in such forms. Such completed form(s) shall be filed in the Tompkins County
Assessment Department’s office on or before the appropriate, applicable, or required taxable status date.
SECTION 6: False Statements and Penalties: In addition to any other provision of law generally, or
the New York State Penal Law specifically, any willfully false statement made in (or in relation to) any
application for an exemption shall also be punishable by a civil penalty of not more than $500.00 to be recovered
by the Town in a civil action. For purposes of this local law the Justice Court of the Town of Enfield is hereby
vested and imbued with jurisdiction to hear and adjudicate allegations relating to the civil violation of this local
law. In addition: (i) making any willfully false statement in connection with any application for an exemption
shall disqualify the applicant(s) from seeking any of the exemptions provided by this local law for a period of
five years; and (ii) the making of any false statement in connection with any application for an exemption may
disqualify the applicant(s) from seeking any such exemptions for a period of five years. Such determinations
shall be reasonably made and, without creating any right of review or action that does not already exist in law
or equity, such determination may be subject to review under Article 78 of the Civil Practice Laws and Rules.
Nothing herein precludes the imposition of other actions, determinations, penalties, losses, or sanctions from
other governmental agencies arising from or in relation to the making or transmittal of any false information
in or in relation to any application, and no remedy or penalty specified in this local law shall be the exclusive
remedy available to address any violation of, or non-compliance with, the requirements of this local law.
Enfield Town Board Regular Meeting, April 13, 2016 9
SECTION 7: Effective Tax Years and Amendments: This Local Law shall apply to each of the several
next successive tax years, and the exemption levels for this local law may be updated by the Town of Enfield
by amending the tables or schedules of this local law in any manner as allowed by law.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson Miles aye, Supervisor Rider aye. Carried
USDA Grant for New Town Hall: Councilperson Bryant stated she has not looked into this grant
yet, but will do so now.
Next Steps in SEQRA Process: Supervisor Rider stated the public comment period was extended
until April 22, 2016 and there was a second public hearing held April 12, 2016. The public and
interested and involved agencies have until April 22, 2016 to comment. She asked the board if they
wanted to be active in the preparation of the Final Supplemental Environmental Impact Statement
(FSEIS). Councilperson Miles, Councilperson Hansteen and Councilperson Carpenter all stated they
want the board to be active.
Supervisor Rider noted the town board members do not have technical expertise. Dan Walker stated
often the consultants will meet with town boards so they can work together to develop the final
document. Councilperson Miles noted the FSEIS is ultimately the town board's responsibility.
LaBella Associates have stated they would be willing to work with, and meet with, the town board.
Councilperson Miles asked if communication between Black Oak Wind Farm and LaBella can be
public. He feels the town has hired LaBella so the communications should be available. He would
like to see copies of all documents copied to the town board and the town clerk so they would be
public and transparent.
Councilperson Carpenter stated the town board is the client and they should be able to waive
confidentiality.
Councilperson Bryant felt information should be public and transparent. Both LaBella and Frank
Pavia of Harris Beach are working for the town board so their communications should be
transparent.
Councilperson Carpenter asked if the report of the Wind Farm Advisory Committee would be
submitted as a public comment, including his comments. It was determined the document would be
regarded as a public comment to be submitted.
Supervisor Rider asked if there should be another special town board meeting called before the end
of the comment period. Other board members felt there was no need for another special meeting.
Councilperson Carpenter commented the town should be part of the writing of the FSEIS and that
there should be communications between the town board, LaBella and Black Oak Wind Farm. He
wants to be part of the process of developing the FSEIS. Attorney Fucillo stated The Findings
Statement can issue conditions based on the record.
Councilperson Miles moved, with a second by Councilperson Bryant that all communications
between the Enfield Town Board, LaBella Associates, Frank Pavia of Harris Beach, and the Black
Enfield Town Board Regular Meeting, April 13, 2016 10
Oak Wind Farm be public, with the town board copied on all communications, and they will be
made public.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson Miles aye, Supervisor Rider nay. Carried
Councilperson Bryant left the meeting at this time.
Councilperson Carpenter asked for a discussion of the Town of Enfield Wind Law, page 17, Article
V, Section 3.
Supervisor Rider stated part of the law is the administrative process. Administrative appeals may be
in opposition to town law. There has been some litigation on it. Advice of counsel is, under the local
law, it would be prudent that if an appeal came to Supervisor Rider she would deny it and it would
go straight to an Article 78 and be decided on. One possible decision is it could be referred back to
go through the administrative appeals process. The other decision would be it could stay in Supreme
Court.
Councilperson Carpenter asked if it went immediately to court, and if the court denied the appeal,
would it come back to the town and would the process take effect. He would like a written opinion
for the file. He is concerned about making an incorrect determination.
Supervisor Rider will pass on the e-mail regarding this to see if this will be sufficient for the town
board records for the future.
Dan Walker stated the appeals process would normally go to someone not a part of the original
discussion.
New Business:
Flag Policy: Councilperson Miles moved, with a second by Councilperson Carpenter to adopt a
Resolution regarding a town flag policy.
Resolution Town Flag Policy
WHEREAS, the Town of Enfield has no United States Flag Policy; and
WHEREAS, United States Flag Code (Chapter 1 of Title 4 of the United State Code) establishes
advisory rules for display and care of the national flag; and
WHEREAS, a community member, Anna Long, Buck Hill Rd., N, Trumansburg, NY has
volunteered to carry out the United States Flag Policy; now therefore be it
RESOLVED, that the Town of Enfield adopts the United States Flag Code and the flag will be flown
in accordance with the Federal Law and will be flown at ½ staff on the following days:
May 15: Peace Officers Memorial Day (unless it is the third Saturday in May, Armed Forces
Day then full-staff)
• Last Monday in May: Memorial Day (until noon)
• July 27: National Korean War Veterans Armistice Day
Enfield Town Board Regular Meeting, April 13, 2016 11
• September 11: Patriot Day
• First Sunday in October: Start of Fire Prevention Week, in honor of the National Fallen
Firefighters Memorial Service.
• December 7: National Pearl Harbor Remembrance Day
• For 30 days: Death of a president or former president
• For 10 days: Death of a vice president, Supreme Court chief justice/retired chief justice, or
speaker of the House of Representatives.
• From death until the day of interment: Supreme Court associate justice, member of the
Cabinet, former vice president, president pro tempore of the Senate, or the majority and
minority leaders of the Senate and House of Representatives. Also for federal facilities within
a state or territory, for the governor.
• On the day of and the day after the death of: Senators, members of Congress, territorial
delegates or the Resident Commissioner of the Commonwealth of Puerto Rico.
• In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at
half-staff according to Presidential instructions or orders.
Discussion: Councilperson Miles asked about lowering the flag for the death of a local person.
Supervisor Rider stated a list of such people would need to be provided to add to the resolution.
Councilperson Miles tabled his motion.
Vote to table the motion: Councilperson Bryant aye, Councilperson Carpenter aye,
Councilperson Hansteen aye, Councilperson Miles aye, Supervisor Rider aye. Carried
Beautification Grant Agreement: Supervisor Rider moved, with a second by Councilperson Carpenter
to adopt Resolution #2016-48.
Resolution #2016-48 Beautification Grant Agreement
WHEREAS, the Town of Enfield has applied for a Beautification Grant available through the room
tax money of Tompkins County in the amount of $3,075.00 and
WHEREAS, Cooperative Extension of Tompkins County, the supervising agency for this grant, will
be forwarding an Agreement and
WHEREAS, this grant pays for labor and a volunteer coordinator/supervisor, now therefore be it
RESOLVED, the Supervisor be authorized to sign this Agreement and
RESOLVED, that Zachery Snyder be hired at $10/hr. for up to 15 hours this season and
RESOLVED, that Michael Predmore be hired at $10/hr. for up to 15 hours this season and
RESOLVED, that Sam Hubbell be hired at $10/hr. for up to 15 hours this season and
RESOLVED, that Justin McNeal be hired at $12/hr. for up to 25 hours this season.
Discussion: Supervisor Rider stated funds for the grant come from a portion of room tax money in
Tompkins County. The town would be reimbursed for all expenditures which usually include plants
in planters around town, lights and wreaths at Christmas, and flags. The patriotic flags will need to be
Enfield Town Board Regular Meeting, April 13, 2016 12
replaced this year as they are becoming worn.
Councilperson Carpenter asked what the expected grant would be. Supervisor Rider stated around
$2,000. Councilperson Carpenter stated he would like to see the expenditures kept under the cap.
Councilperson Miles asked what work would be done. Supervisor Rider answered the kids weed
whack, help maintain the "Welcome to Enfield" signs and memorial garden at Enfield School, and
plant barrels.
Vote: Councilperson Carpenter aye, Councilperson Hansteen aye, Councilperson Miles aye,
Supervisor Rider aye. Councilperson Bryant excused. Carried
Decommissioning Bond for Black Oak Wind Farm: Supervisor Rider moved, with a second by
Councilperson Hansteen to adopt the following resolution:
RESOLUTION ESTABLISHING AMOUNT AND TERMS OF DECOMMISSIONING
BONDS AND OTHER SECURITY FOR FUTURE PERFORMANCE OF
DECOMMISSIONING AND REMMOVAL OBLIGATIONS OF DEVELOPER
WHEREAS, the Town’s Wind Farm Law requires a decommissioning bond, or equivalent security
as approved by the Town Board, to be determined in amount for each tower in relation to each permit,
but not less than $125,000 per tower as delineated in Article I § 1(10) and Article VI §§ 1(D through
F); and
WHEREAS, a permit application and review are in progress and while no permits have issued to
erect towers, it is necessary to attend to many details, including decommissioning costs and
securitization of the developer’s obligation to decommission and deconstruct towers and facilities
upon obsolescence, loss, closure, and other like circumstances; and
WHEREAS, the general form of a decommissioning bond, written as a surety bond guaranteeing
developer’s performance, has been generally, but not specifically, reviewed and approved by the town
attorney pursuant to said Articles I, § 1(10) and IV, §§ 1(D),(E), and (F) of the local law; and
WHEREAS, engineering estimates, duly reviewed by the Town, establish a cost per tower for
decommissioning and deconstruction, and such amount of $125,000 be and hereby is established as
the gross initial decommissioning amount that developer shall duly guarantee or securitize in a
manner as approved by the Town, with such amount to be applied severally in proportional allotments
to each tower; and
WHEREAS, the developer has proposed a plan whereby it may, in the future, displace bonds with
cash deposits (and pledged accounts) and, subject to approval of the same at such future time as
substituted security is proposed, and the approval of the terms and amounts thereof by the Town
Board per Article VI § 1, it is agreed in principal that the developer may replace the initial bonds with
a cash escrow or similar pledge accounts in the amount of $875,000.00 to securitize the
decommissioning obligations of developer; and
WHEREAS, upon due consideration and deliberation thereupon by the Town Board of the Town of
Enfield,
BE IT RESOLVED AS FOLLOWS:
1. The amount of $875,000 be and hereby is set and approved as the gross project
Enfield Town Board Regular Meeting, April 13, 2016 13
decommissioning cost, and a proportionate amount must be securitized by surety bond for each
tower permit issued. Such amount is subject to change over the life of the tower and facilities as
periodic reviews of the decommissioning costs may hereafter occur under the local law.
2. Subject to the approval of the Town Board as to the terms and amounts of such escrow or
other pledge, the developer may substitute cash or cash-based accounts in lieu of, and in replacement
of, surety bonds, upon such schedule and at such times as developer may elect. For this purpose the
sum of $875,000 be and is hereby set as the initial cash or depository pledge amount to securitize the
future decommissioning costs and removal obligations of the developer. Such amount is subject to
change over the life of the tower and facilities as periodic reviews of the decommissioning costs may
hereafter occur under the local law.
Discussion: Councilperson Miles asked what the difference was between surety bonds and other
forms of a guaranty.
Supervisor Rider stated a surety bond is an instrument bought on the financial market as insurance. A
3rd party guarantees the amount and the bond has to be redone every year. It is a cheaper way to
guarantee the decommissioning for a beginning company. As the company progresses in growth they
are able to put cash aside and not have recurring costs of buying surety bonds.
Councilperson Miles asked if there was a risk to the town board. He questioned what would happen if
in 3 years the bond is denied because the bond company is not satisfied with the financial condition
of the wind farm. If the bond expires and no one will issue a new one, that is a risk for the town. He
suggested maybe there should be a time frame so that before one bond expires, a new one would be
in place. He questioned if that should be part of the language of the resolution.
Councilperson Carpenter questioned where Article I § 1(10) was in the Town of Enfield Wind Law.
He asked what the procedure would be to keep track of whether the bonds were always in place.
Also, what would be the procedure if the bond is not in place. What is the recourse? He would like
legal advice on this so there is language to protect the town. He would like to be able to raise the
amount over $125,000 if necessary. He would also like someone with financial expertise to look at
the bond form. He would like to understand the process more before signing off.
Supervisor Rider moved to table the resolution, with a second by Councilperson Hansteen.
Vote: Councilperson Carpenter aye, Councilperson Hansteen aye, Councilperson Miles aye,
Supervisor Rider aye. Councilperson Bryant excused. Carried
Road Use Agreement with Black Oak Wind Farm: Supervisor Rider submitted the following
resolution:
APPROVING ROAD USE AGREEMENT AND GENERAL ROADWAY RESTORATIVE
PLAN IN COORDINATION WITH TOMPKINS COUNTY
WHEREAS, the Town’s Wind Farm law requires as part of the permit review process that adequate
roadway protection and restoration obligations be met by the developer to restore, replace, or
otherwise ensure the viability of public highways used, affected, or altered during the project
construction phase (and future construction phases), and the requirements therefore are set forth in
Article IV § 16 and address traffic, road condition, roadway impacts, roadway remediation and like
issues by regulating, specifically, traffic routes, traffic controls, and roadway remediation; and
Enfield Town Board Regular Meeting, April 13, 2016 14
WHEREAS, the SEQRA EIS and, as applicable the SEIS (once and if adopted), have implemented
a mitigation plan more specifically requiring a road use agreement to securitize and define the
roadway obligations of the developer so as to protect the Town’s roadway infrastructure, guarantee its
maintenance and restoration, and to otherwise effect mitigation of potential roadway impacts; and
WHEREAS, a road use agreement (RUA) has been developed in a draft but now near-final form,
and the same addresses obligations of developer for various types of roadway charges and restoration
obligations as based upon the current condition and structural integrity of the roadway, the need to
upgrade or change the road, the need for ongoing maintenance during project construction phases,
and the need to repair and restore and resurfacing or rebuild of the base and subbase of the roadway;
and
WHEREAS, part of the highway system to be utilized by the developer includes Tompkins County
public highways, and the Town has endeavored to coordinate with the County, to the extent possible
(given that the County has a road use law and the Town does not), to ensure that the roadways are
built and restored in one coordinated process to ensure proper oversight, save costs, and minimize
disruption to road usage; and
WHEREAS, the town attorney and special town counsel for the wind farm SEQRA review have
reviewed the RUA as drafted and have generally approved the same; and
WHEREAS, subject to minor amendments to calculate the roadway reconstruction costs payable by
the developer, the county, and town relative to a whole-road reconstruction and resurfacing at project
completion in accord with the roadway plan developed by the County, to be implemented by and for
the Town, among and along with other goals, through the RUA, and all with the town’s costs not to
exceed $____________, the Town Board wishes to move forward and approve the RUA; and
WHEREAS, upon due consideration and deliberation thereupon by the Town Board of the Town of
Enfield,
BE IT RESOLVED AS FOLLOWS:
1. The RUA as submitted to this meeting be and hereby is approved and adopted in its general
form.
2. The Town Supervisor be and hereby is authorized to sign and execute the same by, for, in the
name of, and on behalf of the Town, once and after the final changes are made to the form of such
agreement to implement the developer-county-town restoration plan in language and a form as
approved by the town attorney and the Town Highway Superintendent.
Discussion: Councilperson Miles stated he had no opportunity to read the Road Use Agreement.
Councilperson Carpenter asked if LaBella had looked at the Road Use Agreement. Supervisor Rider
stated they hadn't, but town attorney Guy Krogh had drafted it. There would be a similar agreement
between Black Oak Wind Farm and Tompkins County.
Councilperson Carpenter stated he wanted to be sure Highway Superintendent Rollins, our lawyer
and the engineering firm would be comfortable with it before voting.
Dan Walker felt the document was more of a law than a Road Use Agreement.
Enfield Town Board Regular Meeting, April 13, 2016 15
Supervisor took the item off the agenda as an action item.
Adjournment: Supervisor Rider moved with a second by Councilperson Hansteen to adjourn at
10:25 p.m. Motion carried.
Respectfully submitted,
Alice Linton, Enfield Town Clerk