HomeMy WebLinkAbout01-11-17 Regular Meeting (1).pdf
Town of Enfield
Regular Town Board Meeting
Enfield Community Building
Wednesday, January 11, 2017
6:30 p.m.
Present: Town Supervisor Ann Rider, Town Councilperson Virginia Bryant, Town Councilperson
Mike Carpenter, Town Councilperson Henry Hansteen, Town Councilperson Beth McGee, Town
Highway Superintendent Buddy Rollins, Town Clerk Alice Linton
Supervisor Rider lead the assemblage in the Pledge of Allegiance to the Flag at 6:35 p.m.
Supervisor Rider stated all items under Old Business regarding the Black Oak Wind Farm (BOWF)
would be pulled from the agenda along with the Snow Plow Resolution. She added an executive
session to the agenda.
Privilege of the Floor:
Robert Tesori of Enfield thanked Beth McGee for taking a seat on the town board. He questioned,
since the BOWF agenda items were pulled, if the plan was going to be as the EIS states. He also
thanked the town board for their work on the budget to keep the tax increase low this year.
Judith Perkins of Enfield thought a letter was sent by a group of residents to the town board asking
them to have BOWF address concerns by the end of January so the town board can move forward, or
not, depending on whether these issues were addressed. If this is discussed, she would like it to be
done publically. Regarding the FOIL resolution which addresses past costs for review of the BOWF
project, she feels the 2010 BOWF Developer's Agreement states the town should be held harmless and
she is in favor of BOWF paying FOIL expenses.
Jude Lemke of the Town of Enfield submitted a number of items to be part of the permanent record
regarding BOWF. She has resubmitted her October comments, revised comments on the plan that
Marcus Gingerich submitted, and the letter Judith Perkins just referenced. She believes the
interconnection rules require the sub-station to be transferred to NYSEG and that can't be done if it is
on leased property. Collection lines would need to cross Rich Teeter's property that is not part of the
lease. Also, there is a 10' private driveway easement, the access road going up between that piece of
property and John Rancich's property, up to Turbine 4. Presumably that access road would infringe on
his easement. That will be changed from a private use to a commercial use, so he would be able to
raise concerns about them using that access road across his driveway easement. Also, BOWF is in the
hole approximately $8,000 in their escrow agreement with the town.
Mimi Mehaffey of Enfield stated Marguerite Wells indicated BayWa would be buying the BOWF.
Would the wind farm still be monitored 24/7? She asked who would then be responsible for operating
the wind farm and what kind of record they have.
Theresa Guler of Enfield thanked the town board for their work. During this process she has met many
friendly neighbors who are trying to build up one another in this small beautiful community.
Mark Waterman of Enfield stated many have spoken, and now BOWF needs to prove they can build
the project.
Marcus Gingerich of Enfield stated letters have been requested from BOWF. It has been mentioned 5
or 6 times that a letter from Rich Teeter would be requested to confirm that the BOWF could actually
be built. A draft letter was prepared, and he questioned if a letter had been sent. He encouraged the
town board to follow up on these items. In minutes of past meetings there is often mention of things to
be done, but the town board doesn't always follow up. He has concerns about the Decommissioning
Enfield Town Board Regular Meeting January 11, 2017 2
Plan. BOWF is not required to dig up conduits and wires - this is a major expense - will the town want
to pay for this if BOWF doesn't? He questioned if the Decommissioning and Landscaping Plans would
take care of run-off. He also questioned what if there was a catastrophic failure - would this be covered
in the Road Use Agreement and Landscaping Plan?
Association of Towns' Letter: Town Clerk Alice Linton read a portion of a letter received from the
Association of Towns inviting town board members to their annual conference in New York City in
February. Councilperson McGee stated she would like to attend this conference.
Consent Agenda: Supervisor Rider asked to amend Resolution #2017-1 to include Councilperson
Beth McGee as an alternate delegate to the Annual Association of Towns Meeting. Supervisor Rider
asked if anyone wanted to pull anything from the Consent Agenda. Councilperson Carpenter asked to
have the Organizational Resolutions pulled, and the audit claims as they were not all signed at this
time.
Supervisor Rider moved, with a second by Councilperson Carpenter to approve the Consent Agenda
items of approval of minutes, budget amendments and Resolution #2017-1 as follows.
Minutes of regular meeting of December 14, 2016, special meetings of December 21, 2016 and
December 27, 2016
Budget Amendment #2017-1 Attorney - Contractual
WHEREAS, expenses have exceeded the budget in General Fund line A1420.4 entitled “ Attorney -
Contractual” now therefore be it
RESOLVED, that line A1110.410 entitled “Justices – Conference and Mileage” be reduced by
$583.37 and line A1420.4 be increased by $583.37.
Budget Amendment #2017-2 Administration - Contractual
WHEREAS, expenses have exceeded the budget in General Fund line A3010.4 entitled
“Administration – Contractual” now therefore be it
RESOLVED, that line A3010.2 entitled “Administration – Equipment – Contractual” be reduced by
$11.77, line A1220.13 entitled “Supervisor – Deputy” be reduced by $500.00, line A1316.41 entitled
“Bookkeeper – Contractual” be reduced by $471.21, line A1316.43 entitled “Bookkeeper- Stamps” be
reduced by $28.41 and line A3010.4 be increased by $1,011.39
Budget Amendment #2017-3 Buildings - Contractual
WHEREAS, expenses have exceeded the budget in General Fund line A5182.4 entitled “Street
Lighting-Contractual” now therefore be it
RESOLVED, that line A1620.4 entitled “Buildings Contractual” be reduced by $53.30 and line
A5182.4 be increased by $53.30.
Budget Amendment #2017-4 Beautification - Contractual
WHEREAS, expenses have exceeded the budget in General Fund line A7555.4 entitled
“Beautification – Contractual” now therefore be it
RESOLVED, that Line A7555.1 entitled “Beautification - Personnel Services” be reduced by $3.04
and line A7555.4 be increased by $3.04.
Enfield Town Board Regular Meeting January 11, 2017 3
Budget Amendment #2017-5 Planning - Escrow (Black Oak Wind Farm)
WHEREAS, expenses have exceeded the budget in General Fund line A8020.41 entitled “Planning -
Escrow” now therefore be it
RESOLVED, that the following lines be reduced:
A1010.1 $ .16 A1670.4 $ 1.72
A1010.4 3.05 A1910.4 9.80
A1110.4 9.43 A1990.4 .78
A1110.22 2,294.96 A3310.4 687.04
A1110.410 16.63 A3510.4 63.00
A1110.420 165.00 A5010.2 .04
A1110.489 2,430.00 A5010.4 19.35
A1220.2 .59 A5132.4 933.10
A1220.41 95.08 A7310.4 .04
A1316.11 3.50 A7320.4 3.00
A1613.42 2.00 A7510.4 23.50
A1316.43 136.59 A7555.1 55.46
A1330.4 .04 A8020.12 16.38
A1410.12 118.11 A8020.4 354.99
A1410.4 19.80 A8810.1 .32
A1460.4 21.46 A8810.2 27.00
A1620.1 412.92 A8810.4 45.61
A1620.4 103.16 TOTAL $ 8,073.61
and line A8020.41 be increase by $8,073.61.
Budget Amendment #2017-6 Workers' Compensation
WHEREAS, expenses have exceeded the budget in General Fund line A9040.8 entitled “Workers'
Comp “now therefore be it
RESOLVED, that the following lines be reduced:
A9010.8 $ 2.65 A9055.8 $ 21.60
A9020.8 7.19 A9060.81 54.04
A9030.8 3.15 A8810.4 154.39
A9050.8 1.80 TOTAL $ 244.82
And line A9040.8 be increased by $244.82.
Resolution #2017-1 Appointment of Delegates to NYS Association of Towns Annual Meeting
WHEREAS, the Town of Enfield is a member of the Association of Towns of the State of New York,
and
WHEREAS, the Annual Business Session is being held on February 22, 2017, at the Astor Ballroom
of the New York Marriott Marquis, and
WHEREAS, Supervisor Ann S. Rider and Councilperson Beth McGee will attend the Association of
Towns Annual Meeting, now
THEREFORE, be it resolved that Supervisor Ann S. Rider be duly designated as the Town of Enfield
delegate and Councilperson Beth McGee as alternate in the absence of Supervisor Ann S. Rider, to the
Enfield Town Board Regular Meeting January 11, 2017 4
NYS Association of Towns Annual Meeting on February 22, 2017 and to cast the vote for the Town of
Enfield, pursuant to Section 6 of Article III of the Constitution and Bylaws of said Association.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Organizational Resolutions:
Discussion: Councilperson Carpenter stated he would like to eliminate or modify the sentence from the
General Rules for Procedure and Guidelines for Public Comment: Board members are not
required to rise but must be recognized by the presiding officer before making motions and speaking.
This rule isn't always followed and he prefers, if there are rules, that they are followed. Councilperson
Bryant suggested stating how board members must be recognized. Councilperson McGee suggested
changing the wording to state board members are not required to rise, but are authorized to speak
respectfully. Supervisor Rider stated she will be certain to enforce this in the future. Councilperson
Carpenter feels the sentence should be worded to have everyone be able to speak in their turn and not
limit their rights to speak. Councilperson McGee learned at a conflict workshop that the person
presiding over a meeting should be a facilitator, not a leader. Councilperson Bryant suggested between
this meeting and the next she would look for wording to be used.
Councilperson Carpenter moved, with a second by Councilperson Hansteen to amend this resolution to
delete the sentence "Board members are not required to rise but must be recognized by the presiding
officer before making motions and speaking" from the 2017 General Rules of Procedure and
Guidelines for Public Comment.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider nay. Carried
Supervisor Rider moved, with a second by Councilperson Bryant to approve Resolution #2017-2.
Resolution #2017-2 Town Board Meeting Dates
Resolved, the regular meeting of the Enfield Town Board shall be held monthly on the 2nd Wednesday
of each month, at 6:30 pm, at the Enfield Community Building,182 Enfield Main Road, Ithaca, NY
14850.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Supervisor Rider moved, with a second by Councilperson Carpenter to approve Resolution #2017-3.
Resolution #2017-3 Town Board Regular Meeting Outline
Resolved, the order for conducting business at the regular Town Board meetings is as follows:
Call Meeting to Order
Pledge of Allegiance
Privilege of the Floor (Limited to 3 minutes)
Consent Agenda*
Communications
County Legislator’s Report
Highway Superintendent's Report
Code Enforcement Officer's Report
Supervisor’s Report
Committee Reports
Enfield Town Board Regular Meeting January 11, 2017 5
Old Business*
New Business*
Announcements
Privilege of the Floor (Limited to 3 minutes)
Adjournment
Further resolved, the order for conducting any special meetings is as follows:
Call Meeting to Order
Pledge of Allegiance
Privilege of the Floor (Limited to 3 minutes)
Consent Agenda*
Old Business*
New Business*
Announcements
Adjournment *Action Items
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Supervisor Rider moved, with a second by Councilperson Carpenter to approve Resolution #2017-4.
Resolution #2017-4 General Rules for Procedure and Guidelines for Public Comment
Resolved, in an effort to foster an orderly meeting process, the following rules and guidelines will be
used and enforced at all Town Board meetings:
GENERAL RULES OF PROCEDURE
The Supervisor shall preside at meetings. In the Supervisor’s absence the Deputy Supervisor shall
preside.
The presiding officer may debate, move and take other action that may be taken by other members of
the Board.
A member, once recognized shall not be interrupted when speaking unless it is to call him/her to order.
If a member, while speaking, be called to order, they shall cease speaking until the question of order is
determined, and, if in order, he shall be permitted to proceed.
There is no limit to the number of times a board member may speak on a question.
Motions to close or limit debate may be entertained but shall require a two-thirds vote.
GUIDELINES FOR PUBLIC COMMENT
The public shall be allowed to speak only during the Public Comment / Privilege of the Floor period
of the meeting or at such other time as a majority of the Board shall allow.
Speakers must step to the front of the room.
Speakers must give their name, address and organization, if any.
Speakers must be recognized by the presiding officer.
Speakers must limit their remarks to 3 minutes on a given topic.
Enfield Town Board Regular Meeting January 11, 2017 6
Speakers may not yield any remaining time they may have to another speaker.
Board members may, with the permission of the Supervisor, interrupt a speaker during their
remarks, but only for the purpose of clarification or information.
All remarks shall be addressed to the Board as a body and not to any member thereof.
Speakers shall observe the commonly accepted rules of courtesy, decorum, dignity and good taste.
Interested parties or their representatives may address the Board by written communications.
AMENDMENTS TO THE RULES OF PROCEDURE
The foregoing procedures may be amended from time to time by a majority vote of the Board.
Discussion: Councilperson McGee suggested an amendment to this resolution.
Councilperson McGee moved, with a second by Councilperson Bryant to add wording to General
Rules of Procedure as follows:
Board members are not required to rise. Members shall not be interrupted when speaking unless it is to
call him or her to order. If a member, while speaking, be called to order, they shall cease speaking until
the question of order is determined, and, if in order, he or she shall be permitted to proceed.
Vote on amendment: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson
Hansteen aye, Councilperson McGee aye, Supervisor Rider aye. Carried
Councilperson Carpenter moved, with a second by Councilperson Bryant to modify the sentence
"Speakers must step to the front of the room" from Guidelines for Public Comment to read "Speakers
are requested to stand when able".
Vote on amendment: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson
Hansteen aye, Councilperson McGee aye, Supervisor Rider aye. Carried
Vote on resolution: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson
Hansteen aye, Councilperson McGee aye, Supervisor Rider aye. Carried
Supervisor Rider moved, with a second by Councilperson Carpenter to approve Resolution #2017-5.
Resolution #2017-5 Department Hours
Resolved, the Town Board hereby establishes the work hours of the:
Highway Department to be from 6:00 AM to 2:30 PM, Monday through Friday.
Town Clerk to be from 3:00 PM to 6:00 PM Monday through Thursday.
During January there are additional hours of Tuesday, Thursday and Saturday from 9:00 AM to noon.
Code Enforcement Office to be from 8:30 AM to 11:00 AM Monday through Thursday and
Wednesday from 5:00 PM to 7:00 PM.
Town Court to commence at 5:00 PM on Mondays unless it is a holiday.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Supervisor Rider moved, with a second by Councilperson Hansteen to approve Resolution #2017-6.
Resolution # 2017-6 Bi-Weekly Pay Periods
Enfield Town Board Regular Meeting January 11, 2017 7
Resolved, the Town Board hereby establishes the following bi-weekly pay periods (ending at
midnight) for this year. Checks are available the following Friday unless it is a holiday when they will
be available a day earlier. Payroll frequency will be biweekly.
January 6, 2017
January 20, 2017
February 3, 2017
February 17, 2017
March 3, 2017
March 17, 2017
March 31, 2017
April 14, 2017
April 28, 2017
May 12, 2017
May 26, 2017
June 9, 2017
June 23, 2017
July 7, 2017
July 21, 2017
August 4, 2017
August 18, 2017
September 1, 2017
September 15, 2017
September 29, 2017
October 13, 2017
October 27, 2017
November 10, 2017
November 22, 2017
December 8, 2017
December 20, 2017
January 5, 2018
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Supervisor Rider moved, with a second by Councilperson Carpenter to approve Resolution #2017-7.
Resolution #2017-7 Paid Holidays
Resolved, that the Town Board hereby establishes the following paid holidays for employees. Town offices
will be closed on these dates:
January 1, 2017 New Year’s Day September 4, 2017 Labor Day
January 16, 2017 Martin Luther King Day October 9, 2017 Columbus Day
February 20, 2017 President’s Day November 10, 2017 Veteran’s Day
May 29, 2017 Memorial Day November 23, 2017 Thanksgiving Day
July 4, 2017 Independence Day December 25, 2017 Christmas Day
(One) Floating Holiday
Discussion: Highway Superintendent Rollins reminded the town board that paid holidays are listed in the
town policy manual.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Supervisor Rider moved, with a second by Councilperson Hansteen to approve Resolution #2017-8.
Resolution #2017-8 Town E-Mail Accounts
Resolved, the Town Board has official e-mail accounts for all Town employees and elected officials for use
in their official capacities. These e-mail accounts will be connected to our official website domain,
townofenfield.org. Ownership of and access to these communications will be with the Town of Enfield. All
employees and elected officials will set up accounts with Sue Thompson, webmaster, and use their account
for Town business after it is set up for as long as they work for or serve the Town of Enfield.
Discussion: Councilperson McGee mentioned this policy has not been enforced in the past, but feels it
should be followed. Supervisor Rider stated she has a new resolve to enforce this policy.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Supervisor Rider moved, with a second by Councilperson Bryant to approve Resolution #2017-__.
Enfield Town Board Regular Meeting, January 11, 2017 8
Resolution #2017-___ Town Board Appointments
Discussion: It was felt the board should vote on the Planning Board appointment before approving this
Resolution. The Resolution was pulled at this time.
Councilperson Carpenter moved, with a second by Supervisor Rider to approve Resolution #2017-9.
Resolution #2017-9 Attorney for the Town – salary at $200.00/hour, paid monthly
Whereas, the Town Board specifically waives the requirement that the Town’s Attorney be a resident of the
Town, now therefore, be it
Resolved, the Town Board appoints Mr. Guy Krogh, Esq. to fill this position and the Supervisor is
authorized to sign a one year contract.
Discussion: Supervisor Rider stated she will get 3 bids or make a different procurement policy for
specialized jobs. Councilperson Carpenter asked if the town board should get 3 bids before voting on this
resolution. Supervisor Rider stated it was ok to vote on this resolution now.
Councilperson McGee mentioned some other towns have their town attorney present at regular town board
meetings. This prevents items from being put off to wait for a discussion with the town attorney. She
suggested having part of the contract state the town attorney will attend monthly town board meetings. This
would save time when legal advice is needed. This could be negotiated into the contract. Supervisor Rider
responded this expense was not allocated in the 2017 budget. Councilperson Carpenter felt this was worth
considering. Councilperson McGee suggested planning for an attorney at town board meetings when this is
put out for bid.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Councilperson Carpenter moved, with a second by Supervisor Rider to approve Resolution #2017-10.
Resolution #2017-10 Official Newspaper
Resolved, The Ithaca Journal, a newspaper regularly published and having general circulation in the
Town, is hereby designated as the Official Newspaper for the Town of Enfield and further
Resolved, the Town will send a newsletter to all residents in conjunction with the Enfield Community
Council “Currents” Newsletter 4 times per year sharing costs of production, printing and mailing.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Councilperson Carpenter moved, with a second by Councilperson Bryant to approve Resolution #2017-11.
Resolution #2017-11 Policies and Procedures
Resolved, the Town Board adopts the listed Policies and Procedures, an Appendix to the Employee
Handbook:
Policy 100.1 - Banking Institutions with the change in the Town’s bank is Tompkins Trust Co.
Policy 100.2 - Payroll Activities
Policy 100.3 - Vacation and Holiday Policy
Policy 200.1 - Sick Leave Policy
Enfield Town Board Regular Meeting, January 11, 2017 9
Policy 200.2 - Health Insurance Policy
Policy 400.1 - Investment Policy
Policy 400.2 - Prepayment of Certain Bills
Policy 400.3 - General Policy on Procurement
Policy 400.4 - Mileage Reimbursement with this year’s rate being $.53.5/mile according to IRS
Policy 510.1 - Cemetery Fees
Policy 600.1 - Transcription Tape Retention
Discussion: Councilperson Carpenter asked about prepayment of certain bills. Supervisor Rider stated she
and Councilperson Bryant plan to overhaul the handbook and work on some of the procedures.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Councilperson Carpenter moved, with a second by Councilperson Hansteen to approve Resolution #2017-
12.
Resolution # 2017-12 Code of Ethics
Resolved, all Public Officials, appointees, and employees for the Town of Enfield are subject to the Code
of Ethics as adopted by the Town which is written in the Policies and Procedures Manual in the Employee
Handbook.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Councilperson Carpenter moved, with a second by Councilperson Hansteen to approve Resolution #2017-
13.
Resolution #2017-13 Records Access Officer
Resolved, that the Town Clerk, Alice Linton, shall be appointed as the Town's Record Access Officer and
further
Resolved, that she will serve as the person who receives all FOIL requests.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Councilperson Carpenter moved, with a second by Councilperson Hansteen to approve Resolution #2017-
14.
Resolution #2017-14 Town Bookkeeper – salary at $8,385.52/year, paid bi-weekly
Resolved, the Supervisor is hereby authorized to designate a Town Bookkeeper, and
Further resolved, the Supervisor is authorized to list the Bookkeeper on the Town Security Insurance
Policy, and further
Resolved, the Supervisor appoints Deborah Kelley to fill this position.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Enfield Town Board Regular Meeting, January 11, 2017 10
Councilperson Carpenter moved, with a second by Councilperson Hansteen to adopt Resolution #2017-
15.
Resolution #2017-15 Assistant Town Bookkeeper – salary at $16.13/hr., paid monthly
Resolved, the Supervisor is hereby authorized to designate an Assistant Town Bookkeeper to pay bills,
prepare payroll, handle the books for at least 2 continuous weeks during the calendar year and other related
duties in the absence of the Bookkeeper and further
Resolved, the Supervisor appoints Cortney Bailey to fill this position.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Councilperson Carpenter moved, with a second by Councilperson Hansteen to adopt Resolution #2017-16.
Resolution #2017-16 Deputy Town Supervisor – salary at $800/year, paid quarterly
Resolved, the Town Board establishes the Office of Deputy Supervisor to act for and in place of the
Supervisor in his/her absence, and further
Resolved, the Supervisor appoints Vera Howe-Strait to fill this position.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Councilperson Carpenter moved, with a second by Councilperson Bryant to adopt Resolution #2017-17.
Resolution #2017-17 Deputy Highway Superintendent – $.75 differential to current hourly wage,
paid bi-weekly
Resolved, the Town Board establishes the Office of Deputy Highway Superintendent to act for and in place
of the highway Superintendent in his absence, and further
Resolved, the Highway Superintendent appoints Brandon McGee to fill this position.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee abstain, Supervisor Rider aye. Carried
Councilperson Carpenter moved, with a second by Councilperson Bryant to adopt Resolution #2017-18.
Resolution #2017-18 Deputy Town Clerk – salary at $14.63/hour, paid monthly
Resolved, the Town Board establishes the Office of Deputy Town Clerk to assist the Town Clerk in
Records Management, tax collection, producing meeting minutes, and to act for and in place of the Town
Clerk in her absence, and
Further resolved, the Town Clerk appoints Susan Thompson to fill this position.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Councilperson Carpenter moved, with a second by Councilperson Bryant to adopt Resolution #2017-19.
Enfield Town Board Regular Meeting, January 11, 2017 11
Resolution #2017-19 Planning Board Clerk – salary at $14.63/hour, paid monthly
Resolved, the Town Board establishes the Office of Planning Board Clerk to act as the secretary for the
Planning Board, to keep minutes and schedule meetings and other support functions the Board may need or
require and
Further resolved, the Town Board appoints Susan Thompson to fill this position.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Councilperson Carpenter moved, with a second by Councilperson Bryant to adopt Resolution #2017-20.
Resolution #2017-20 Code Enforcement Officer – salary at $28,213.53/year, paid monthly
Resolved, the Town Board appoints Alan Teeter to fill the position of Code Enforcement Officer.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Councilperson Carpenter moved, with a second by Councilperson McGee to adopt Resolution #2017-21.
Resolution #2017-21 Court Clerk – salary at $11,298.72/year, paid monthly
Resolved, the Town Justice appoints Tiffany Poole to fill this position.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Councilperson Carpenter moved, with a second by Councilperson McGee to adopt Resolution #2017-22.
Resolution #2017-22 Cemetery Grounds Keepers (2 individuals) – salary at $1,846.04 each/year,
paid monthly in June, July, August, and September
Resolved, the Town Board appoints Wayne A. Snyder and Wayne C. Snyder to fill these positions.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Councilperson Carpenter moved, with a second by Councilperson Bryant to adopt Resolution #2017-23.
Resolution #2017-23 Comprehensive Plan Writing Committee Clerk – salary at $14.63/hour, paid
monthly
Resolved, the Town Board establishes the position of Planning Board Clerk to act as the secretary for the
Comprehensive Plan Writing Committee, to keep minutes and schedule meetings and other support
functions the Committee may need or require and
Further resolved, the Town Board appoints Susan Thompson to fill this position.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Councilperson Carpenter moved, with a second by Councilperson McGee to adopt Resolution #2017-24.
Enfield Town Board Regular Meeting, January 11, 2017 12
Resolution #2017-24 Town Hall Custodian – salary of $25/week paid monthly/
Community Building Custodian – salary of $14.63/hour, paid monthly
Resolved, the Town Board appoints Alice Linton and Zachary Snyder to fill these positions.
Discussion: Supervisor Rider stated she is working with Zachary Snyder and if there is a recommendation
to change personnel she will bring information to the town board.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Councilperson Carpenter moved, with a second by Councilperson Hansteen to adopt Resolution #2017-25.
Resolution #2017-25 Public Officials/Town Employees Pay Schedule
Resolved, the following salaries and pay schedule for all Town Officials and employees, is approved for
2017:
Town Supervisor - $16,561.08/year; paid monthly
Town Councilpersons - $2,950.57 each/year; paid quarterly
Town Clerk - $16,561.08/year; paid monthly
Town Justice - $15,422.40/year; paid monthly
Highway Superintendent - $55,942.20/year; paid monthly
Laborers- Hiring Rate-$14.93/hr. paid bi-weekly
Machine Equipment Operator - Motor Equipment Operator – Hiring rate - $14.93/ hour; after 90
days, rate will be increased to the working rate $15.91/ hour. MEOs with three years or less of time in
service, will receive an additional $1.00 per hour on his/her anniversary date of hire until reaching a
minimum of $18.97/hr. Maximum rate for MEOs - $22.19/hour; paid bi-weekly
Part time and seasonal employees will have a hire rate of $14.63/hr.-$16.00/hr.
Merit Increases – An employee may receive a pay increase based upon the employee’s past
performance. The merit increase will be granted at the discretion of the Town Board.
Discussion: Councilperson McGee asked about the councilperson salary. Councilperson Carpenter
recalled there was discussion about not increasing salaries. Supervisor Rider stated there was no vote taken
regarding not raising salaries of councilpersons.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Supervisor Rider moved, with a second by Councilperson Carpenter to approve Resolution #2017-26.
Resolution #2017-26 Town Planning Board Position
WHEREAS, the Enfield Town Board has asked for letters of interest regarding a vacancy on the Town of
Enfield Planning Board and
WHEREAS, the Enfield Town Board received one letter of interest from Rob Tesori of 570 Black Oak
Road,
NOW THEREFORE, it is recommended to appoint Rob Tesori to the Enfield Planning Board with a term
ending December 31, 2021.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Enfield Town Board Regular Meeting, January 11, 2017 13
Councilperson Carpenter moved, with a second by Councilperson Hansteen to approve Resolution #2017-
27.
Resolution #2017-27 Town Board Appointments
Resolved, the Town Board hereby makes the following Advisory Committee/Position appointments (chair
is noted in bold print):
Town Historian Sue Thompson
Town Webmaster Sue Thompson
Cemetery Committee Sue Thompson, Wayne C. Snyder, Jessica Elliot, Ed
Thompson, John Linton, Wayne A. Snyder, Supervisor
Rider - Liaison
Beautification Committee Supervisor Ann Rider, Helen Hetherington
Community Council Liaison Councilperson Virginia Bryant
County Youth Board Barbara Sadovnic, Supervisor Ann Rider - Liaison
Recreation Partnership Carolyn Tschanz, Supervisor Ann Rider - Liaison
County Environmental Mgmt Council Poney Carpenter
Advisory Board of Assessment Review Peg Willis Kim Falstick, David Wailes
Facilities Development Committee Supervisor Ann Rider, Councilperson Mike Carpenter,
Highway Superintendent Buddy Rollins, Alan Teeter
Personnel Committee Councilperson Virginia Bryant, Supervisor Ann Rider,
Town Clerk Alice Linton, Highway Superintendent Buddy
Rollins, Employee Representative Gabe Newhart
To. Co. Council of Governments Supervisor Ann Rider, alternate Councilperson Henry
Hansteen
Health Insurance Consortium
Board Director ____________________, alternate Supervisor Ann Rider
Emergency Planning Committee Supervisor Ann Rider, Roger Lauper, Art Howser, Alan
Teeter, Highway Superintendent Buddy Rollins, Larry
Stilwell, Enfield Elem. Principal Lisa Rieger, School
Liaison Vera Croft
Comprehensive Plan Writing Councilperson Beth McGee, Dan Walker, Poney
Committee Carpenter
Planning Board Dan Walker (2020), Poney Carpenter (2017), Ann
Chaffee (2018) Steve Given (2019), Rob Tesori (2021)
Discussion: Councilperson McGee asked to add that Rob Tesori's appointment to the Planning Board is per
Resolution #2017-26.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Carried
Correspondence: None
County Legislator's Report: None
Highway Superintendent Report: Highway Superintendent Rollins reported he plans to purchase a new
box needs for the 2009 truck and the box from the 2009 truck will be put on the 2001 truck. A price
estimate is between $4,400 and $5,500, plus painting. He presented the 284 Agreement for maintenance of
roads for town board approval.
Supervisor Rider stated the town board will review the Agreement and get back to Superintendent Rollins
at the next meeting.
Enfield Town Board Regular Meeting, January 11, 2017 14
Superintendent Rollins stated until the 284 Agreement for maintenance of roads is approved, he will be
unable to buy any materials for road work or do any road repair work.
Superintendent Rollins stated GFI breakers have been put in at the highway facility. There are problems
with the one for the exhaust fans and gas monitor. The east wall could not be done because they are 3 wire
outlets.
Code Enforcement Report: Code Enforcement Officer Alan Teeter reported in December there were 5
building permits issued, bringing the year to date total to 69, with 6 for new homes. He issued 2 Certificates
of Completion and completed 3 fire and safety inspection.
He presented his Annual Report for 2016. There were 69 building permits issued or renewed with 8 being
for new homes. He issued 11 solar permits, 4 Certificates of Occupancy, 22 Certificates of Completion, 1
Certificate of Compliance. He completed 15 foundation inspections, 18 framing inspections, 10
insulation/energy code inspections, 11 plumbing inspections, 21 final inspections, 140 progress checks, 12
fire inspections. He issued 1 operating permit and 3 address numbers. He estimated the total value of
improvements at $1,375,150 and the total value of solar projects at $5,368,792.
He reported Norm Smith has estimated the cost to replace two lights at town hall, that are not working, with
LED lights would be about $250 each, plus installation. He will talk to Justice Poole about replacing the
roof outside the town court door.
Supervisor's Report: Supervisor Rider reported she attended a TCCOG meeting; attended a committee
meeting on Community Choice Aggregation; met with Zachary Snyder regarding cleaning the Community
Building and getting him on payroll; held 2 special meetings to pass budget amendments for end of the year
line overruns; worked with the bookkeeper to start to close out the books at the end of 2016.
Committee Reports:
Planning Board: Chairperson Dan Walker reported there are 3 public hearings scheduled for the February
1, 2017 meeting. One is for a solar farm on Aiken and Podunk Roads, one for a cell tower on Fish Road,
and one for a retail building on Mecklenburg Road, just west of the Dandy Mart. There are concerns with
the driveway location on Mecklenburg Road for the retail building that will need to be addressed. The
construction of a cell tower on Fish Road should increase band width coverage in the hamlet area.
Councilperson Carpenter questioned if there would be a negative impact from the cell tower. Dan Walker
replied the property is being leased and there is nothing in the fall zone of the tower.
Councilperson McGee asked about the height of the cell tower. Dan Walker thought it would be about 110
feet tall, which is about the same as the new tower going up in the Town of Ithaca on Mecklenburg Road.
He didn't feel there would be much of a visual impact.
Councilperson Carpenter reminded everyone that Planning Board members do not get paid, so they should
be commended for all the work they do.
Dan Walker stated he continues to work on the Site Plan Review Law.
Recreation Partnership: Carolyn Tschanz reported 2017 is the year when the Recreation Partnership
Agreement needs to be renewed. The town has the option to appoint an alternate to the Recreation
Partnership who could attend if Carolyn is unable to be at a meeting. She mentioned the IPlay Book is now
in a smaller magazine style. Baseball and softball programs have really taken off. The Partnership is
looking at new recreation ideas for children and parent pairs, such as tag rugby. February 28 is their next
meeting.
Enfield Town Board Regular Meeting, January 11, 2017 15
Councilperson Carpenter asked if there could be some informal programs where parents would
volunteer. Ms. Tschanz suggested this might be something the Community Council could work on, but she
will check with the Recreation Partnership and report back to the town board.
Supervisor Rider stated if anyone would like to serve as an alternate on this board, they should contact her.
Enfield Community Council: No report
Enfield Volunteer Fire Company: Chief Roger Lauper submitted his report showing there were 26 calls in
December of which16 were EMS calls, 5 MVA - 1 with injuries and 4 without injuries, 1 mutual aid given
to Trumansburg, 1 good intent call and 3 service calls. There were 297 calls for 2016. January trainings
will include chimney fires, OSHA mandatory training and air pack training. A blood drive is scheduled for
January 17.
Facilities Manager: No report
Comprehensive Plan Writing Committee: Councilperson McGee reported the Plan is in the editing phase.
She hopes to wrap this up in the next month or two and present it to the town board.
Tompkins County Council of Governments: Supervisor Rider reported the Council is working on filling
leadership positions for 2017. There is interest by many municipalities on aggregate choice and cooperating
on lighting deals and other cooperation deals.
Old Business:
FOIL Payment Resolution: Councilperson Hansteen moved, with a second by Councilperson Carpenter to
adopt the following resolution:
WHEREAS, on the 8th day of March, 2010, The Town of Enfield and Black Oak Wind, LLC (the Project
Sponsor) signed a Developer's Agreement intended to "indemnify and hold the Town harmless, to the
fullest extent permitted by law, from and against all third party claims, expenses, losses, liabilities,
damages, judgments, suits, and legal proceedings, and any and all costs and expenses arising in connection
therewith (including attorneys' and experts' fees), arising out of or in any manner connected with this
Agreement and the Project"; and
WHEREAS, the Developer's Agreement defines Project Review Costs as, "Any and all reviews by the
Town and its engineer and attorneys, the costs and expenses thereof (excluding any outside of Tompkins
County travel time), and all other reasonable and necessary expenses of the Town"; and
WHEREAS, the Developer's Agreement states that "Such determination of what expenses are reasonable
and necessary shall be made by the Town in its sole discretion"; and
WHEREAS, the Developer's Agreement states that The Developer shall pay for such Review Costs,
NOW THEREFORE, be it resolved, that the Town of Enfield, using the sole discretion granted in the
Developer's Agreement, hereby determines that reviews by the Town and its engineer and attorneys of any
and all FOIL requests regarding the Black Oak Wind, LLC project referenced in the aforementioned
Developer's Agreement, fall into the category of "any and all reviews by the Town and its engineers and
attorneys". Therefore, all past, present, and future costs of reviews by attorneys of Project FOIL requests
shall be paid by the Project in accordance with terms as defined in the Developer's Agreement, and the
Town is indemnified and held harmless with respect to same.
Discussion: Councilperson Hansteen stated he has no personal interest or significant personal relationships
with either BOWF developers, investors or any of the local residents, although he has met some of them.
Enfield Town Board Regular Meeting, January 11, 2017 16
He considers himself to be impartial and unbiased. If he were an investor who in good faith invested time
and money with the intent to do his small part to reduce carbon emissions and hopefully make a profit, he
would not want to see the project die. On the other hand, given what he's learned about the negative health
effects suffered by some people with homes in close proximity to industrial wind turbines, he would be
deeply troubled if they were proposed to be built within 1,000 feet of his home. Given the controversial and
divisive nature of this project, as a board member, he feels that following the laws and agreements as
closely as possible should be a very high priority. The point of the resolution is to follow the laws and not
make exceptions. Given the never ending shortage of funds and the desire to keep taxes as low as possible,
he is deeply troubled that the town has already spent tens of thousands of dollars on legal reviews of BOWF
related FOIL requests, with more likely to come. Our Developer's Agreement clearly states that any and all
project related review costs by engineers and attorneys are to be paid by the project. The Developer's
Agreement does not state that project related FOIL requests are exempt. Since the legal process and
approval includes public input, and the public needs to be informed in order to provide this input, it is
expected that the public will request project related documents from the town. If these project related
documents need to be reviewed by our engineers and attorneys prior to being released to the public, it
seems clear to him that these costs are covered under the Developer's Agreement. Obviously the town
would not have incurred these costs absent the BOWF project. Two attorneys hired by the town stated this
is a gray area of the law and could be challenged in court. Law is not like math. Often there is no right or
wrong answer. Regarding his position that the project should pay the costs of project related FOIL review
costs, one of our attorneys stated that "reasonable minds may disagree". So it's not a cut and dried yes or no
answer. Another attorney stated "I'm not saying you're wrong". A third attorney told him the town has a
strong case for demanding payment for project related FOIL review costs. Personally he thinks that the
Developer's Agreement with the words "any and all" make it clear that they are supposed to pay for these
legal fees.
Supervisor Rider stated she has listened to the same lawyers and disagrees. She feels it is clear in NYS law
that the cost of FOIL requests are born by the town. This does not change her belief and she feels the town
is treading on slippery ground for recovery of costs of FOIL. She is very sure it states in SEQR regulations
that the town cannot unendingly demand review costs. She believes in NYS the SEQR law limits how
much money a municipality can demand for a project or for environmental review costs.
Councilperson Hansteen asked if at some point the town would be responsible for all legal fees related to
the project? Supervisor Rider stated yes. Councilperson Hansteen asked what the number was. Supervisor
Rider stated she will have to do further research.
Councilperson Carpenter is concerned the town could be taken to court on this resolution. Judges can
follow precedent already set, but precedent can be changed. He admires Councilperson Hansteen's and the
town board's courage in this matter. He has had conversations with the town's attorney, Guy Krogh, and it
appears that at some point the town board can decide BOWF has not complied with the request for
information and the town board can tell BOWF their application is null and void and they would have to
reapply to continue with the project. The town board would need to decide when to do this. He feels the
town board is getting close to that point, or may be there already. The town board has asked BOWF to
submit information for Donny Gunning's proposed wind turbine and for Rich Teeter's proposed wind
turbine. A larger question is if NYSEG can put a sub-station on Rich Teeter's land. This information was
requested of BOWF two or three months ago. He wonders if this resolution might better be dealt with in a
different way. It is his understanding that money is still being spent for reviews by LaBella. He hopes the
town will be able to get that money back. He feels communication with BOWF might be a way to prevent
going to court. He suggested BOWF might come to a meeting and discuss what is happening.
Councilperson Bryant agrees that it would be best if BOWF comes to the table. She is concerned that
BOWF has not come back with what was asked for - letters and documents.
Councilperson McGee stated unless she knows more about the 1/2 of 1% rule, she would not be
comfortable voting on a resolution. She feels the town board works for residents, not BOWF. Other issues
Enfield Town Board Regular Meeting, January 11, 2017 17
have been neglected because so much energy has been spent on BOWF. The town board has moved
through the process and done the work. She is pleased the process has gone through as it has. She does not
want the town to incur any more expense on this project. She feels the application may now be out-of-date
and has information that is no longer applicable. Requested documents have not been provided. She would
like to have an official from NYSEG come before the town board and tell them directly what they would
require for this project. She questioned when does the town board say it is not up to the town to pay for the
BOWF project to be successful, or to be found as not compatible, with our community. The law has been
there, and BOWF knows what is required of them.
Supervisor Rider stated Guy Krogh said FOILs are part of open government law and are a cost born by the
town. She doesn't think the Developer's Agreement trumps this and she doesn't think this resolution will
trump the SEQR law.
Councilperson Hansteen suggested the town not spend any more money on reviews by LaBella or attorneys
until BOWF brings their escrow balance up to where it needs to be.
Councilperson McGee had understood that no more work was to be done when the escrow account was in
the hole.
Supervisor Rider stated that when there was money in the BOWF escrow fund, more work was ordered.
She has written a demand letter to BOWF to replenish the escrow account.
Councilperson Carpenter suggested getting advice from Guy Krogh on the legal ramifications of notifying
BOWF the town board would be cancelling their existing application because of no response, and they will
have to reapply in the future to continue with the project. He suggested tabling this resolution until an
answer is received from Guy Krogh. He would still like to give it a try to get the FOIL expenses back, but
he feels it would be helpful to wait until the next meeting and ask Guy Krogh to give the town board legal
advice on how to go about telling BOWF that they needed to reapply for a permit and the current
application would be null and void.
Councilperson Carpenter moved, with a second by Councilperson Hansteen, to table this resolution.
Discussion: Councilperson McGee would like to continue the conversation regarding the application under
New Business. Councilperson Hansteen suggested asking LaBella to stop work on the project until the
escrow account is replenished. He questioned if all FOIL requests had to be sent to an attorney for review
before they could be released. Town Clerk Alice Linton responded that FOIL requests asking for
correspondence between attorneys and other parties needs to be provided by attorneys, and they bill for
their time in providing or denying that information.
Councilperson McGee felt this was a great resolution, but the town board needs to know the maximum
costs and problems involved.
Councilperson Hansteen feels the town board should determine how close to the limit BOWF is. However,
if the project has moved beyond the SEQR process, the 1/2 of 1% rule may not apply.
Vote to table resolution: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson
Hansteen aye, Councilperson McGee aye, Supervisor Rider aye. Carried
Wind Farm Law Advisory Report: Councilperson Carpenter suggested waiting on this discussion due to the
late hour.
New Business:
2017 Plan of Work: – Highway Building Renovations, Cyber-Security Plan, Town Emergency Management
Enfield Town Board Regular Meeting, January 11, 2017 18
Plan, completion of Comprehensive Plan, updating of Town Procedures and Policies Manual
Supervisor Rider stated she felt the town board got off track in 2016. Her plan for the next meeting is to
see if board members will take on certain subject matters.
Councilperson McGee suggested the Employee Handbook would be important to review in 2017. She
would also like to see work on a renewable energy moratorium until there is a Road Use Agreement and
Comprehensive Plan in place.
Councilperson Carpenter would like to finalize a revised wind farm law. He would also like a solar farm
law incorporated into the Site Plan Review Law. He feels the town board may want to wait on the Site Plan
Review Law until the Comprehensive Plan is complete.
Councilperson Bryant left at this time - 9:45 p.m.
Audit Meeting: Supervisor Rider moved, with a second by Councilperson Carpenter to set the annual audit
meeting for January 25, 2017 at 5:30 at the Enfield Town Hall.
Vote: Councilperson Carpenter aye, Councilperson Hansteen aye, Councilperson McGee aye,
Supervisor Rider aye. Councilperson Bryant excused. Carried
Executive Session: Supervisor Rider moved, with a second by Councilperson Hansteen to move into
Executive Session under Public Officer's Law Section 102 #3 for the purposes of discussing pending
litigation entitled Cindy Gibbs v. Town of Enfield. She further moved that Highway Superintendent Buddy
Rollins and Town Clerk Alice Linton be included in this Executive Session.
Discussion and Further New Business:
Councilperson Carpenter asked to have Privilege of the Floor prior to the Executive Session.
Councilperson Hansteen stated he would call town attorney Guy Krogh regarding the 1/2 of 1% rule and
the Environmental Impact Statements to determine if the rule still applies, and how to send a letter to
BOWF saying the permit has now expired because they haven't complied with information that has been
asked from them. He will ask Guy Krogh for a written opinion. Supervisor Rider stated she will stop
LaBella work as of January 12, 2017.
Councilperson McGee suggested giving 60 days to receive requested items from BOWF, or otherwise there
would be a denial of the application. She would like to know what information the town board would need
to have in order to put forth such a denial, and how that would be drafted. She would also like to know,
from NYSEG, and whoever would be the point person for this scale project, what BOWF would be
required to do.
Announcements: There will be a blood drive at the Enfield Volunteer Fire Company next Tuesday from
1:00 to 6:30.
Privilege of the Floor:
Cliff Newhart of Enfield suggested keeping ideas for a plan of work open ended for several months in case
more ideas come to mind.
Jude Lemke of Enfield mentioned she had passed out a paper of why she believes the BOWF's ascertation
of 30% credit is not correct. As of December 31 they dropped down to 80% of their credit. This is
important as it goes to their financing, and she feels one of the questions that has not been answered is
whether BayWa is really committed to buying this project. She feels the town board should explore if
Enfield Town Board Regular Meeting, January 11, 2017 19
BOWF really has financing. A lot of time and energy has been spent when there are a lot of other
important things to do. She supports the idea of putting a moratorium in place while the town board
considers the Comprehensive Plan. She recommended, if the town is looking for another lawyer, to talk to
the Town of Newfield. Their town attorney is Tom Smith of Harris Beach.
Judy Perkins of Enfield asked if it would be possible to have attorney Guy Krogh invited to attend the next
town board meeting. It seems there are quite a few questions to ask him. She would like to hear first person
what he has to say. She questioned why the town board is talking about BOWF reapplying for a permit.
Councilperson McGee responded the town can't limit BOWF's ability to apply with a new application, but a
moratorium can be put in place until new laws are in place. Councilperson McGee also had a question
about Guy Krogh coming to the next meeting. She felt the first line of questions should be from the town
board, maybe in executive session, because it may not be good to discuss potential strategy in front of
BOWF people that might be in the room. She would like Guy Krogh to be invited so he can be asked
questions, possibly in executive session.
Tammy Alling of Enfield feels that having no zoning in Enfield has a double edge - structures can be put up
after property is purchased. She wants to be sure decommissioning agreements are in place for solar farms.
The owners of the solar farm may just walk away, after they get their money. She questioned where are
people helping others.
Theresa Guler of Enfield questioned when there is a permit with the town for a project, is there a particular
expiration date. That might be something to think about for the future.
Marcus Gingerich of Enfield doesn't feel the 1/2 of 1% applies to BOWF now as the application is beyond
the SEQR. He likes the idea of having an attorney at meetings as it can save additional time of going to talk
to the attorney after the meeting. He feels the town board should consider putting in a moratorium sooner,
rather than later. He is somewhat familiar with the manufacturing process of solar panels and
decommissioning raises a question in his mind. He questioned if anyone had information on what
decommissioning entails. The metal would be fairly easy to get rid of, but he wonders about the rest of the
materials.
Vote to move into Executive Session: Councilperson Carpenter aye, Councilperson Hansteen aye,
Councilperson McGee aye, Supervisor Rider aye. Councilperson Bryant excused. Carried
Executive Session: The town board moved into executive session at 10:25 p.m.
During Executive Session Supervisor Rider moved, with a second by Councilperson Carpenter to retain the
recordings of all town board meetings held in December 2016 until further notice.
Vote: Councilperson Carpenter aye, Councilperson Hansteen aye, Councilperson McGee aye,
Supervisor Rider aye. Councilperson Bryant excused. Carried
Adjournment: The town board moved out of executive session and adjourned the regular meeting at 10:40
p.m.
Respectfully submitted,
Alice Linton, Enfield Town Clerk