HomeMy WebLinkAbout11-19-19 Public Hearing and Special MeetingTown of Enfield
Public Hearing and Special Town Board Meeting
Enfield Community Building
Tuesday, November 19, 2019
6:30 p.m.
Present: Town Supervisor Beth McGee, Town Councilperson Virginia Bryant, Town Councilperson Mike
Carpenter, Town Councilperson Mimi Mehaffey, Town Councilperson Becky Sims, Town Clerk Alice
Linton.
Supervisor McGee called the Public Hearing to order at 6:35.
Public Hearing on Wind Energy Facilities Local Law: Supervisor McGee stated this is the second public
hearing on the proposed local law. Notice has been posted on the Town website and at the Town Hall. It was
sent to Tompkins County for a 239 review. Responses were received from the County and the Town has
prepared responses to the County.
Elizabeth Allen of Enfield stated she supports the revised wind farm law.
Robert Lynch, Enfield Councilperson-Elect, stated one week ago at a Town Board meeting he urged
compromise. He urged the Board to adopt, in their entirety, the ten recommendations advanced by Tompkins
County’s Department of Planning and Sustainability. He felt they would moderate the Law’s more extreme
elements and bring it into closer conformance with “inter-community and county-wide” renewable energy
priorities. If all recommendations were embraced, he would support the law. The Town Board did not
embrace all the changes, so he doesn’t support the law. He feels this law would be an effective ban. No one
in Enfield should be forced to sell their home because the turbine makes them sick. He recommends a
professional consultant be retained to determine a safe distance from turbines. He asked the Town Board to
think carefully as there is still room for compromise.
Melinda Tesori of Enfield stated she is one of the people who would have been imposed on if the Black Oak
Wind Farm was approved. This does affect her and her home. She supports the adoption of the wind law
wholeheartedly. She believes this will be a good law to protect everyone and everything.
Theresa Guler of Enfield is in support of the new wind law that will protect residents from health risks of
wind turbines. It is not enough to measure setbacks from homes, they need to be from property lines. There
should be no restrictions on land use by an owner. This law sets out clear rules for decommissioning so the
Town is not responsible and is protected from extra costs. This new law protects homes, properties and
landowners. This is what this Town needs. She thanked the Town Board for all the time and hard work they
put into this law.
Gabe Newhart of Enfield stated he is in full support of the law
Cliff Newhart of Enfield stated he is in full support of the law. Adjustments needed to be made to the old
wind law.
Jude Lemke of Enfield stated any wind energy facility will disproportionally impact the Connecticut Hill
neighborhood. Residents that have come from that area have been overwhelmingly in support of the law.
This law has strong setbacks, noise, and enforcement provisions. It also addresses many of the
administrative problems with the old law. The County has largely failed to provide support for its
recommendations regarding this law other than to indicate that it makes it harder for a developer to build a
project. The Board’s role is to protect the Town and its residents; not help the developer build a project.
Adopting the County’s recommendations in full is not compromise; it is capitulation. She further stated she
felt the Town had produced a fair and just law and thanked them for the support given to the community.
Enfield Town Board Public Hearing and Special Meeting November 19, 2019
Marcus Gingerich of Enfield stated he is in support of the proposed law. He thinks the old law had some
serious deficiencies. He thinks that the Town Board’s first and foremost priority should be the health and
safety of residents. The concept of making the law fit the needs of industrial installation goes against that,
and it doesn’t make sense to have a law made to do that. There are more and more municipalities in the news
who are realizing there is a problem, and they are increasing the setbacks and making them more stringent.
This law improves things such as decommissioning. This law is strengthening protection for the residents.
He thanked the Town Board for all their hard work.
Nancy Spero of Enfield is in support of the law as it is currently written. She does not live in the
neighborhood of Connecticut Hill. She does support the idea of wind turbines, but is also in support of this
law. She has been to many Town Board meetings and has seen compromise as the law was rewritten. It is
amazingly well researched. Changes in technology are happening. Waivers and variances are built in. She is
in support of the law, and she doesn’t like hearing it is created as a ban as she doesn’t believe that.
Ron Riddle of Enfield is in strong support of the wind law. He thinks the people that should have the vote
should be the people who will be affected by it.
Carolyn McMaster of Enfield stated this Town has gone through an enormous of amount of work and
research already. She is fully in favor of this wind law and does not think the Town should have to go
through all this research again with an expert in the field as the Town has already done that. She lives on
Griffin Road, so she may have been impacted by the Black Oak Wind Farm, and she feels this addresses all
the concerns the community had.
Beverly Gingerich sent an email thanking the Town for all the time they – and the Renewable Energy
Committee members – have invested into making much-needed updates to the Local Wind Law. From what
she has read and heard, living near Wind Turbine Generators causes negative health effects in more than a
few people, so she sincerely appreciates the increased setbacks that are specified in the proposed new Law.
She supports the revisions and encourages the Board to vote to pass the new Wind Energy Facilities Local
Law.
Supervisor McGee closed the public hearing at 6:58 p.m.
Special Meeting:
Supervisor McGee called the special meeting to order at 6:58 p.m. Town Clerk Linton led the assemblage in
the Pledge of Allegiance to the Flag.
Privilege of the Floor: No one wished to speak.
Old Business:
Supervisor McGee stated that last week she moved to adopt the Capital Plan and Fund Balance Policy, but
since these are significant policies, and it is much easier to search for resolutions than motions, she would
like to adopt these as resolutions.
Capital Plan:
Supervisor McGee moved, with a second by Councilperson Bryant, to adopt Resolution #2019-59.
Resolution #2019-59 Adoption of 2020-2029 Capital Plan
WHEREAS, in the coming years, equipment and buildings owned and operated by the Town of Enfield will
require substantial capital investments as costs to obtain and maintain these assets at both a substantial and
an unpredictable rate; and
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Enfield Town Board Public Hearing and Special Meeting November 19, 2019
WHEREAS, too often, local governments have not properly prepared to ensure that capital is available for
the acquisition and maintenance of the large assets leaving those municipalities to acquire additional, and
sometimes unnecessary debt; and
WHEREAS, the Town Board of the Town of Enfield recognizes the importance of planning for the Town’s
future capital costs, in an effort to prevent additional debt.
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Enfield hereby adopts the
Capital Plan for the ten-year period of 2020-2029.
Vote: Councilperson Bryant aye, Councilperson Carpenter, Councilperson Mehaffey aye,
Councilperson Sims aye, Supervisor McGee aye. Carried
Fund Balance Policy:
Supervisor McGee moved, with a second by Councilperson Carpenter to adopt Resolution #2019-60.
Resolution #2019-60 Fund Balance Policy
A RESOLUTION OF THE TOWN OF ENFIELD, NY, PROVIDING FOR A FUND BALANCE
POLICY RELATING TO GOVERNMENTAL ACCOUNTING STANDARDS BOARD (GASB)
STATEMENT NO. 54; ADOPTING A FUND BALANCE POLICY COVERING
THE GENERAL FUND AND HIGHWAY FUND
WHEREAS, the Town of Enfield may not expend funds in excess of their appropriations, (NY Town Law
§117); and
WHEREAS, the Town Supervisor must make prompt payments of debts and obligations, (Town Law
§125); and
WHEREAS, the New York State Comptroller’s Office recommends maintaining a fund balance that
enables the Town to meet debts and obligations when due; and
WHEREAS, the Governmental Accounting Standards Board (GASB) has adopted Statement 54 (GASB
54), a new standard for governmental fund balance reporting and governmental fund type definitions that
became effective in governmental fiscal years starting after June 15, 2010; and
WHEREAS, the Town Board has determined minimum and maximum fund balance needs for the Town of
Enfield General Fund and Highway Fund to meet financial obligations in accordance with the law, now
therefore be it
RESOLVED, that the Town of Enfield hereby adopts the Town of Enfield Fund Balance Policy, adopted in
Resolution #2019-60. Further,
RESOLVED, this Resolution shall be in full force and effective immediately upon its adoption and
approval.
Vote: Councilperson Bryant aye, Councilperson Carpenter, Councilperson Mehaffey aye,
Councilperson Sims aye, Supervisor McGee aye. Carried
Supervisor McGee gave an update on the highway fund and the importance of building fund balance to
make sure all payroll can be met at the end of the year. At this time there is $78,206 left in the highway fund
savings. There are 3 payrolls of over $10,000 to be met, plus other bills to be paid. She expects this fund to
be very close to empty by the end of the year.
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Enfield Town Board Public Hearing and Special Meeting November 19, 2019
Councilperson Mehaffey asked when CHIPS funds were expected to be received. Supervisor McGee stated
if the electronic transfer goes through, they should be received by December 15.
Tree Estimate: Supervisor McGee obtained estimates for tree removal in Presbyterian Cemetery. She
checked to see if the estimates included cleaning up the tree and removing all debris. The estimate received
from KJ’s Property Care included cleaning the area. They would need access to the neighbor’s property.
That estimate was for $2,475.00. The other estimate did not include cleaning up the tree and removing all
debris and was for $2,200 to $2,400.
Councilperson Sims moved, with a second by Councilperson Bryant to hire KJ’s Property Care to remove
the tree in Presbyterian Cemetery according to the estimate received.
Vote: Councilperson Bryant aye, Councilperson Carpenter, Councilperson Mehaffey aye,
Councilperson Sims aye, Supervisor McGee aye. Carried
Wind Energy Facilities Law SEQR Long Environmental Assessment Form: Supervisor McGee pointed out
that this Board agreed to complete a full environmental assessment form to determine if an Environmental
Impact Statement was needed.
Councilperson Mehaffey stated a lot of the form was filled in by the Town Attorney, Guy Krogh. Supervisor
McGee added that Attorney Krogh has made recommendations about what should be considered with these
answers. Some pages don’t need an answer.
The Town Board went through the Part I – Project and Setting form and made minor changes. Mapping
corresponds with items mentioned in Section E. Supervisor McGee stated flood mapping isn’t complete and
Councilperson Sims suggested answers relating to that should be no.
Councilperson Mehaffey stated that because the Town Board members didn’t have the draft wind law in
their hands for at least 7 days prior this meeting, there won’t be a vote tonight on the wind law. There will be
another meeting in order to do the vote.
Part 2 – Identification of Potential Project Impacts – was then reviewed. Answers to all questions was no,
and comments from Attorney Krogh were noted.
Supervisor McGee stated this document will be filed with the Department of Environmental Conservation
and a copy needs to be kept in the Town Clerk’s office for 10 years. Including comments will help to
understand why the Town answered as they did.
Part 3 – Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance.
It was determined this project will result in no significant adverse impacts on the environment, and,
therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is
issued.
Supervisor McGee moved, with a second by Councilperson Mehaffey to make a negative declaration of the
SEQR for the wind energy facilities law.
Vote: Councilperson Bryant aye, Councilperson Carpenter, Councilperson Mehaffey aye,
Councilperson Sims aye, Supervisor McGee aye. Carried
Councilperson Mehaffey prepared a draft resolution to adopt and approve the Town of Enfield Wind Energy
Facilities Local Law. She stated she had questions on two things in particular. Do the Town Board need to
establish why they needed to rewrite/or revise the law, and where to place comments.
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Enfield Town Board Public Hearing and Special Meeting November 19, 2019
Discussion followed regarding how to arrange paragraphs to make the most sense. Councilperson
Mehaffey will reword the resolution and have it available for the Town Board to review.
The Town Board set a meeting for November 26, 2019 at 6:30 p.m. in order to vote on a resolution to adopt
the proposed wind law.
New Business:
Executive Session – Personnel Issue
Supervisor McGee moved, with a second by Councilperson Sims, to go into executive session at 8:27 p.m.
to discuss a personnel issue.
Vote: All in favor.
The Town Board moved out of executive session at 9:11 p.m.
Announcements: None
Adjournment: Supervisor McGee adjourned the meeting at 9:12 p.m.
Respectfully submitted,
Alice M. Linton, RMC
Enfield Town Clerk
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