HomeMy WebLinkAbout12-11-19 Regular Meeting
Town of Enfield
Regular Town Board Meeting
Enfield Community Building
Wednesday, December 11, 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 meeting to order at 6:40 p.m. Town Clerk Linton led the assemblage in the
Pledge of Allegiance to the Flag.
Announcements: None
Changes to the Agenda: Supervisor McGee stated she had information about the removal of an additional
tree in the cemetery that was problematic, and would like to add that to the agenda. She asked to have a
letter of support to the Grants Administrator of the Parks and Trails New York for the Finger Lakes Trail
Conference added to the consent agenda. She also asked to move Committee Reports to before the Quarterly
Reports and remove the Association of Towns resolution from this agenda and add it to the January agenda.
Privilege of the Floor:
Julie Schroeder of Enfield thanked the outgoing Board members for their hard work. She appreciated their
research and work on tricky topics.
Jude Lemke of Enfield thanked the Board for their dedication and is excited to get the wind law passed after
many years of hard work.
Marcus Gingerich of Enfield thanked Councilperson Carpenter and Councilperson Sims for their efforts.
Since the public hearing on the wind law, two articles of interest have come out: in the November 22, 2019
issue of the Post Journal in Chautauqua County, New York, it was stated health officials will recommend
that all cities, towns and villages within the county pass a proper wind law that restricts industrial wind
towers from being constructed within a mile and a half of any residence and generate 35 or fewer decibels in
sound frequency; and in the Marion County Record in Kansas it was stated that a wind farm has sent letters
offering settlement to plaintiffs who filed a lawsuit opposing the project and was offering various
settlements, some as much as buying their property for 1 ½ times its value for those who live within the
footprint of the wind farm.
Nancy Spero of Enfield thanked Councilperson Carpenter and Carpenter Sims for their hard work on the
board. She also reminded everyone there will be an Old-Time Square Dance to benefit the Enfield Valley
Grange on December 13 at 7 p.m. at the Grange.
Theresa Guler of Enfield thanked the Board for their hard work. She also thanked Town Clerk Linton for the
time spent at meetings and preparing minutes as it’s nice to know what is said is taken into consideration.
Councilperson Mike Carpenter of Enfield stated this wind farm law was a participatory democracy. There
was a lot of discussion, but in the end, it was an example of something very positive that can happen in this
town, state, and country. He really appreciated everyone that came to all the meetings which is really what
made it work for him. He encouraged the public to attend meetings and speak when they have something to
say.
Joe Dawson of Enfield stated this was a great team and will be missed. We are a community of people so he
believes outgoing members will still be seen around the town.
Enfield Town Board Regular Meeting, December 11, 2019 2
Councilperson Becky Sims thanked Town Clerk Linton for her time as clerk, and for welcoming her and
her husband when they were new to the Town. She also thanked Town Board members for being such a
pleasure to work with. She feels it’s really about the people who live in this Town, and that says a lot for a
small community who care about the place they live.
Supervisor Beth McGee stated the Renewable Energy Committee and the Board have worked hard to
prepare the wind law that is being considered at this meeting. When she was first elected in 2013, she was
given a copy of the Environmental Impact Statement of the Black Oak Wind Farm, which was a staggering
1,488 pages, in order to consider just one application for a Wind Energy Facility in Enfield that would come
under the purview of the law the Board is considering at this meeting. The law under consideration now is a
mere 50 pages of actual law which she feels is a reasonable review of the needs of this Town and its
authority to govern and protect itself. Any request to this Board that they vote no on this law is a request to
ignore the over 60 resources and studies cited regarding human health and many that outline the financial
and environmental consequences should the Town not require decommissioning assurances and financial
protections. She has chosen to heed the hundreds of residents who’ve appealed to the Town Board to protect
them, and to trust the experience and knowledge gained through listening to our community and taking our
duty as a governing board seriously. She also thanked the concerned and committed residents, the
Renewable Energy Advisory Committee, and this Town Board for all they’ve given to the development of
the law. She’s proud of the work that has been accomplished together.
Correspondence: Letter dated November 27, 2019 from Haefele Connect stating Basic Cable will
increase $2.25 per month and Digital Cable will decrease by $1.00 per month as of 1/1/20. Local station fees
will increase as of 1/1/20 as per negotiated contracts.
Wind Energy Facilities Law – Resolution to Adopt:
Councilperson Mehaffey moved, with a second by Supervisor McGee to adopt Resolution #2019-61.
Resolution #2019-61 RESOLUTION ADOPTING AND APPROVING TOWN OF ENFIELD
WIND ENERGY FACILITIES LOCAL LAW
LOCAL LAW #4 OF 2019
WHEREAS, since the original adoption of the Town of Enfield’s 2009 Local Law #1 WIND ENERGY
FACILITIES LOCAL LAW (the “current law”), there have been substantial developments in the
understanding of the health, safety and property rights issues related to wind energy facilities that are not
adequately addressed in the current law;
WHEREAS, the current law was found to contain deficiencies and ambiguities with respect to the processes
and deadlines to be followed when reviewing a wind energy facilities project that need to be addressed;
WHEREAS the current law did not adequately protect the Town from incurring costs that should have been
borne by the applicant; and
WHEREAS, the current law did not protect the Town from further financially adverse impacts by
adequately addressing items such as decommissioning costs, damaged roads and infrastructure;
WHEREAS, the Town Board formed a committee of public officers, employees, and citizens to study
alternative energy, and such committee worked with several agencies and persons to develop and propose
revisions to the wind law, including enhanced requirements for large-scale facilities: and
Enfield Town Board Regular Meeting, December 11, 2019 3
WHEREAS, this matter was duly referred under General Municipal Law § 239-l, et, seq, and the
Tompkins County Department of Planning and Sustainability duly responded making ten official
recommendations, and the Town Board has responded as follows:
1. Tompkins County recommendation:
ARTICLE I l - PERMITS
1) Page 9, Section 2B, Agricultural Use Exemption. We recommend that the setback from
property lines for wind facilities of a scale suited to support agricultural operations on a
single farm be reduced from 2 times the total height of the installation to 1.5 times the
total height of the installation. We recommend that setbacks from existing RESIDENCES
(as defined in the proposed law) be 2 times the total height of the installation unless the
affected adjoining property owner agrees otherwise in writing.
Enfield response: No change. The County has failed to provide any support for this
recommendation. The Town Board, on the other hand, has debated at some length regarding the
use of setbacks to protect Town residents’ health and safety. Given concerns regarding ice
throw, blade throw, component separation and/or disintegration, turbine collapse, fires and other
potential adverse events, the Board believes that setbacks from property lines that are 2 times the
total height of the installation for wind facilities of a scale suited to support agricultural
operations on a single farm constitute reasonable provisions to protect neighboring properties and
any persons on those properties. Defining setbacks in relation to residences instead of in relation
to property lines may result in uncompensated easements by non-participating landowners who
may be deprived of the free use of their property due to safety and health concerns. Use of
property lines for setbacks mitigates this concern.
2. Tompkins County recommendation:
ARTICLE Ill - PERMITS AND PERMITTING PROCESS
1) Page 13, Section 1A14, Environmental Monitoring Plan. We recommend that all bird and bat
studies be performed in accordance with NYSDEC guidelines: Guidelines for Conducting Bird
and Bat Studies at Commercial Wind Energy Projects (June 2016), and that the geographic
extent of those studies comply with the recommendations in those guidelines.
Enfield response: The draft law states that “All studies will conform to applicable state and
federal agency guidelines.” To address the County’s concerns, the Board will add the following
sentence to the end of the section: “Should these guidelines conflict with the geographic extent
outlined in this 2019 Local Law, the greatest of the geographic extent of this 2019 Local Law, the
applicable federal law or the applicable state law shall apply.”
3. Tompkins County recommendation:
ARTICLE Ill - PERMITS AND PERMITTING PROCESS
3) Page 15, Section 1C, WEF Economic Impact Study. We recommend deleting this requirement as
a prerequisite for submitting an application. If the Town, in conducting the environmental review
of a proposed WEF under SEQRA, identifies the need to address potential economic impacts as
Enfield Town Board Regular Meeting, December 11, 2019 4
part of the scope of its environmental review, that would be the appropriate time for the applicant
to submit an Economic Impact Study.
Enfield response: No change. First, the draft law specifically provides that the study is to be
done “following the submission of a completed application and as a condition to the issuance of
any Wind Energy Permit for a WEF” under the law. Thus, it is not a prerequisite for the
submission of an application.
Secondly, this provision is not intended to address environmental issues; it is intended to address
economic issues. The purpose of a SEQRA review is only to identify and explore environmental
issues but there are many other impacts of a wind energy facility beyond those that a SEQRA
review is intended to address. While consideration of environmental issues are critical when
reviewing a wind energy facility project, it is equally important to weigh any adverse economic
impacts on the Town and/or its residents against the economic benefits of the project to the Town
and/or its residents as part of any decision to approve a project. This cost/benefit analysis is
particularly important since, according to ratings generated by the National Renewable Energy
Laboratory (the principal research laboratory for the U.S. Department of Defense’s Office of
Energy Efficiency and Renewable Energy), most of Enfield has wind resource ratings of Class 1 or
2, with a small area rated as Class 3. Generally, wind resources below Class 4 are considered not
economical to develop.
4. Tompkins County recommendation:
ARTICLE Ill - PERMITS AND PERMITTING PROCESS
4) Page 17, Section 1E, Environmental Studies. We recommend deleting this section, as the
appropriate studies would be identified as part of any Environmental Impact Statement scoping
process. We believe that is the appropriate forum to identify a need for such studies.
Enfield response: No change. While we agree that these provisions will be addressed as part of
the scoping process, we believe it is important for the Town’s law to require certain minimum
provisions be addressed as part of that scoping document. The Town has a very limited window to
produce a scoping document which then becomes the controlling document for any environmental
analysis of the project under the SEQRA process. We want to be sure that in that very limited
window, the Town Board has clear minimum guidelines for what must be included in the scoping
document.
5. Tompkins County recommendation:
ARTICLE IV - STANDARDS FOR WIND ENERGY FACILITIES
5) Page 26, Section 5, Visual Impact Mitigation. We recommend modifying item (iv) to state that
Large WTGs shall be subject to a preliminary (and, if indicated, a more comprehensive)
shadow flicker analysis and that, if shadow flicker will occur for more than 30 hours per year
on any one nearby residence or facility, mitigation steps will be required.
Enfield response: No change. First of all, there is no scientific basis for the 30 hour per year
standard that is recommended by the County although it is commonly recommended in many wind
laws today. Furthermore, available technology makes it feasible to automatically stop turbine
operation for the minutes at sunrise and sunset where exposure is calculated to occur with very
limited economic impact to the operator. And, with this provision, Article VI.C.1 (complaints and
enforcement) then has a legal basis for enforcing complaints about shadow flicker. Zero exposure
Enfield Town Board Regular Meeting, December 11, 2019 5
is simpler and easier to enforce; the Town can allow reasonable compromise to occur in a dialogue
among the violator, the code enforcement officer and the complainant during the complaint
resolution process.
The U.S. Department of Interior - Bureau of Land Management notes that flickering effect may be
considered an annoyance. The World Health Organization defines annoyance as “a feeling of
discomfort which is related to adverse influencing of an individual or a group by any substances or
circumstances. Annoyance expresses itself by malaise, fear, threat, trouble, uncertainty restricted
liberty experience, excitability or defenselessness.” Given that current technology will allow a
complete mitigation of flicker, we see no reason not to require it in our Town’s law.
6. Tompkins County recommendation:
ARTICLE IV - STANDARDS FOR WIND ENERGY FACILITIES
6) Page 29, Section 17A, Sound Levels. We recommend adopting noise standards that do not vary
between night and day as wind movement is outside the control of the applicant and it is more
difficult for the Town to enforce standards that vary based on time of day. We recommend
either of two options: a) establishing a setback of 1,150 feet from residences, schools, churches
and libraries to account for potential noise impacts and to make enforcement and
administration of the local law more manageable, or b) adopting the following noise standards
and clarify that measurements be taken at RESIDENCES, not property lines:
a design goal of 40 dBA;
a long-term average sound limit of 45 dBA; and
a short-term (10-20 minute) maximum sound limit of 50 dBA;
Enfield response: No change. The noise levels chosen were based upon a careful evaluation of
noise guidelines from the World Health Organization (“WHO”), the U.S Environmental Protection
Agency (“EPA”) and the New York State Department of Environmental Conservation (“NYDEC”)
as well as data from noise studies done in Enfield, NY and Chautauqua County, NY and a review of
the available literature in this area.
The WHO recently published its “Environmental Noise Guidelines for the European Region
(2018).” For average noise exposure, the report conditionally recommends reducing noise levels
produced by wind turbines below 45 dB Lden (Day/Evening/Night levels), as wind turbine noise
above this level is associated with adverse health effects. No recommendation is made for average
night noise exposure of wind turbines because the quality of evidence of night-time exposure to
wind turbine noise is too low to allow a recommendation. Furthermore, the report stressed that
there might be an increased risk for annoyance below this noise exposure level, but it could not state
whether there was an increased risk for the other health outcomes below this level owing to a lack of
evidence. The report also specifically identifies infrasound as an area of concern and recommends
further studies to determine the impacts of wind turbines on the health of residents in the area given
the paucity of available studies.
Next, we turned to NYDEC’s Program Policy: “Assessing and Mitigating Noise Impacts” which
provides that an increase in sound pressure (dB) above the local ambient noise level of 5-10 dB is
intrusive; of 10-15 dB is very noticeable; of 15-20 dB is objectionable; and above 20 dB is
intolerable. That policy also states: “Most objective attempts to assess nuisance noise adopt the
technique of comparing the noise with actual ambient sound levels or with some derived criterion.”
It also states: “The property line should be the point of reference when adjacent land use is
proximal to the property line.” A noise study conducted by the Noise Pollution Clearinghouse,
Montpelier, VT in April 2016 in the vicinity of the Connecticut Hill area of Enfield resulted in
daytime ambient noise measurements between 30.1 and 35.9 dBA and nighttime ambient noise
measurements between 25.2 and 37.3 dBA. A noise study conducted by Cassadaga Wind LLC in
Enfield Town Board Regular Meeting, December 11, 2019 6
April 2016 in the vicinity of the company’s wind project in Chautauqua County, New York
resulted in daytime ambient noise measurements between 21 and 32 dBA and nighttime ambient
noise measurements between 19 and 32 dBA, and found the area measured “is typical of rural use.”
We note that the EPA’s recommendation of 55 dBA which is found in the NYSDEC criterion of
significance, is a recommendation for urban residential neighborhoods. For Enfield, New York, one
would subtract 10 dBA from 55 because it is a quiet rural area, 5 dBA because it has no prior
experience with wind turbine noise, and 5 dBA because of the character of turbine noise. Thus,
under EPA guidelines, a noise level of 35 dBA is necessary to protect the rural area.
But the more important criterion of significance in the NYSDEC document is the 6 dBA increase
criterion. The EPA noted that, “[its] data… indicates that widespread complaints may be expected
when the normalized value of the outdoor day-night sound level of the intruding noise exceeds that
existing without the intruding noise by approximately 5 dB, and vigorous community reaction may
be expected when the excess approaches 20 dB. The standard deviation of these data is 3.3 dB about
their means and an envelope of +5 dB encloses approximately 90 percent of the cases. Hence, this
relationship between the normalized outdoor day-night sound level and community reaction appears
to be a reasonably accurate and useful tool in assessing the probable reaction of a community to an
intruding noise and in obtaining one type of measure of the impact of an intruding noise on a
community.” (EPA, 1974, D-20.)
When we put all this together along with the precautionary approach in assessing risk management,
we concluded:
Noise measurements should be made at the property line – not the residence, especially in
light of the reasons outlined in the responses in this letter to recommendations number 1 and
7;
Noise limits should be differentiated between night-time and day-time because the ambient
sound levels vary significantly between night and day;
Noise measurements should include limitations on infrasound as well as audible sound; and
Using the NYDEC guidelines, noise limits should not exceed measurements above the
local ambient noise level of 5-10 dB for audible sound.
7. Tompkins County recommendation:
ARTICLE IV - STANDARDS FOR WIND ENERGY FACILITIES
7) Page 29, Section 17B, Paragraphs 1 and 2, Setbacks. The setbacks included in this section
would effectively ban large WTG in the Town, contrary to the stated intent of the law.
Namely:
o There is no property within the Town of Enfield that would be allowed to be developed for
Large WTG under the current setback proposal, as it is not possible to site a tower within
the proposed setbacks from public, seasonal and limited use roadways in Enfield.
o There is no individual property within the Town of Enfield that would be allowed to be
developed under the current setback proposal of 2,640 feet from property lines without
the developer establishing agreements with all property owners within a given "block" in
the Town.
We recommend that the following standards replace the requirements listed above.
o Large WTG Towers should be set back from lot lines 1.5 times the total height of the
tower.
Enfield Town Board Regular Meeting, December 11, 2019 7
' Towers should be set back from neighboring RESIDENCES 2 times the
total height of the tower, unless the affected adjoining property owner
agrees otherwise in writing.
In addition, establishing a standard setback from all Unique Natural Areas (UNAs)
does not make sense as the distinctive characteristics of each UNA vary greatly, with
some not being affected if located immediately adjacent to a wind turbine and others
possibly requiring greater distances. The potential impact on nearby UNAs should be
evaluated on a case by case basis as part of the SEQRA review process to determine
appropriate setback requirements.
Enfield response: To address the County’s comment regarding the proposed setbacks from
public, seasonal and limited use roadways, the proposed law will be modified provide for a
minimum setback for Large WTG’s from public, seasonal and limited use roadways of 2
times the Total Height of the WTG.
With respect to the County’s comment that “there is no individual property within the Town
of Enfield that would be allowed to be developed under the current setback proposal of 2,640
feet from property lines without the developer establishing agreements with all property
owners within a given ‘block’ in the Town,” we acknowledge that this is true. But we
dispute that this equates to an effective ban on Large-Scale WEF’s within Enfield. As the
County points out, the developer will need to establish agreements with all property owners
within a given “block” to meet the setback requirements which means that a developer will
have to offer compensation that makes it worthwhile for those landowners to enter into
agreement if the developer wants to piece together the property they need for the project.
This may make the project more expensive but does not constitute a ban. The Town Board
has a responsibility to protect its residents’ rights and well-being; not to meet project needs
for developers. This provision will require the developer to engage with non-participating
landowners to make sure they are adequately compensated.
There are a number of justifications for the setback distance of 2,640 feet. First and
foremost, setbacks are designed to provide safety zones for landowners (and others) to
protect against bodily harm and property damage in the event something goes wrong with a
WTG. The types of events that could occur include ice throw, blade throw, component
separation and/or disintegration, turbine collapse, and fires.
Peer reviewed studies have shown that the potential safety zone for ice throw and blade
throw could be quite large (i.e., up to 1,950 feet in the case of the GE 2.3MW-107 turbines
proposed by the Black Oak Wind Farm). The German turbine manufacturer, Vestas, advices
its workers to stay back at least 400 meters (~1,300 feet) from an operating turbine in its
safety regulations. And, while GE’s literature recommends much shorter setbacks from
property lines (i.e., 1.1 times the blade length), it is specifically limited to vacant areas of
land “where there is a remote chance of any future development or inhabitance during the life
of the wind farm.” Residents in Enfield use their property extensively for hiking, camping,
hunting, and other recreational uses. They also frequently build secondary housing on their
lands for family members and hunting lodges. Short setbacks such as the County is
proposing effectively deprive non-participating landowners of the use of portions of their
property with no compensation as a result of the risk of bodily harm and property damage.
Enfield Town Board Regular Meeting, December 11, 2019 8
In addition to protecting residents from bodily harm and property damage, the setbacks serve
as a backstop measure for enforcing the noise limitations under the law. Noise limits can be
expensive and difficult to enforce, with complaints oftentimes dragging on for months and
even years with unsatisfactory resolutions. Setbacks, on the other hand, are straightforward
and simple to enforce as part of the project approval process. Based upon work done in
Enfield by a noise expert during the Black Oak Wind Farm project, a half-mile setback from
property lines roughly equates to a noise measurement of 35 dBA at the property line which
is in line with the noise limitations proposed in this law.
With respect to UNA’s, we note that there are relatively few UNA’s in the Town of which
only Robert Treman Park and the Connecticut Hill Wildlife Management Area are material
and the waiver provisions under the law can be used to modify or waive provisions with
respect to the other UNA’s, if necessary.
8. Tompkins County recommendation:
ARTICLE IV - STANDARDS FOR WIND ENERGY FACILITIES
8) Page 29, Section 17B. Setbacks. We note that the ordinance is silent on placement of Large-Scale
Wind Energy Systems near streams. We recommend that individual Wind Turbine Generators be
prohibited within 100 feet from the edge of perennial streams and 50 feet from the centerline of
intermittent streams.
Enfield response: We agree with this comment and have incorporated it into the setback
requirements.
9. Tompkins County recommendation:
ARTICLE VIII - SMALL WTG
9) Page 51, Section 4A, Setbacks. We recommend that Setbacks from lot lines for Small WTG
systems should be the total height of the installation plus 10 feet, unless the affected adjoining
property owner agrees otherwise in writing.
Enfield response: No change for all the reasons outlined above regarding setbacks. We point out
that ice throw and blade throw distances are, in fact, an even larger concern with respect to smaller
turbines because the controlling factor is tip speed and the tip speed of smaller turbines is faster than
that of larger commercial turbines.1 Therefore, we believe that 2 times the height of the turbine is a
minimum distance for setbacks for Small WTG’s.
1 J. Rogers, N. Slegers, and M. Costello, “A method for defining wind turbine setback standards,” Wind Energy, vol. 15,
no. 2, pp. 289–303, Apr. 2011, and S. Evans, D. Bradney, and P. Clausen, “ Unsteady structural behaviour of small
wind turbine blades,” The University of Newcastle, NSW, Australia, North American Wind Energy Academy 2015
Symposium.
Enfield Town Board Regular Meeting, December 11, 2019 9
10. Tompkins County recommendation:
ARTICLE VIII - SMALL WTG
10) Page 51, Section 4B, Noise. We recommend deleting this section, as we do not recommend
establishing noise standards for Small WTG systems.
Enfield Response: With respect to the issue of noise standards, we acknowledge the County’s
concern regarding the application of these standards to Small WTG’s but we are concerned about
how to protect neighboring residents from the adverse impacts of noise. We are removing the
requirement in Article VIII, Section 4.B. to conduct a noise study in accordance with Appendix A
but the maximum noise levels outlined in this section shall still apply.
WHEREAS, the /Town Board as Lead Agency, has duly noted the potential impacts that may or could arise
from the implementation of a local law that regulated land uses and facilities thereupon, but needs to be
mindful that the action herein being reviewed is the potential passage of a local law to regulate wind energy
facilities, not the placement of permitting of wind facilities: and
WHEREAS, a negative declaration was duly issued under SEQRA by the Lead Agency; and
WHEREAS, a proposed final draft of such law has been duly presented to the Town Board by the Town
Supervisor, and notices of Public Hearings were published and posted in accord with law and public
hearings were duly held upon October 16, 2019 and November 19, 2019 whereat the public was invited to
comment upon the proposed local law and speak in favor of or against such local law, or any part thereof,
and whereat all persons interested in the subject were duly heard and all evidence taken; and upon and in
consideration of comments received thereat and upon due consideration thereupon, the Town Board of the
Town of Enfield has hereby found that adoption of this local law is in the public interest of the Town of
Enfield and, accordingly, the Town Board of the Town of Enfield has duly
RESOLVED, that the Town Board of the Town of Enfield be and hereby is redeclared to be the Lead
Agency: and further
RESOLVED AND DETERMINED, that this declaration is made in accord with Article 8 of the
Environmental Conservation Law of the State of New York and the New York State Environmental Quality
Review Act SEQRA, and the Regulations promulgated there under, and accordingly, the Town Board of the
Town of Enfield, based upon (i) its thorough review of LEAF, and any and all other documents prepared and
submitted with respect to this proposed action and its environmental review, and the hearing held hereupon,
and all testimony and evidence presented thereat, if any, (ii) its thorough review of the potential relevant
areas of environmental concern to determine if the proposed action may have a significant adverse impact on
the environment, including, but not limited to, the criteria identified in 6 NYCRR §617.7(c), and (iii) its
completion of LEAF, Part II, including the findings noted thereon (which findings are incorporated herein as
if set forth at length), hereby makes a negative determination of environmental significance (“Negative
Declaration”) in accordance with SEQRA for the above referenced proposed action, and determines that no
Environmental Impact Statement will be required: and it is further
RESOLVED, that the Responsible Officer of the Town Board of the Town of Enfield is hereby authorized
and directed to complete and sign, as required, the determination of significance confirming the foregoing
Negative Declaration, which fully completed and signed LEAF and the contained and declared
determination of significance shall be incorporated by reference in this Resolution: and it is further
RESOLVED, that the Town Clerk deliver and/or file a copy of this Resolution with the following persons
and agencies:
1. The Town Clerk of the Town of Enfield.
Enfield Town Board Regular Meeting, December 11, 2019 10
2. The Town Supervisor of the Town of Enfield.
3. All Involved and Interested Agencies.
4. Any person requesting a copy:
and further, that this Resolution be posted and published in accord with law, including delivery of a copy of
this Resolution to the Environmental Notice Bulletin, NYS Department of Environmental Conservation, 625
Broadway, 4th floor, Albany, NY 12233-1750.
RESOLVED, that in accord with Town Law and §§ 21 and 27 of the Municipal Home Rule Law the final
adopted version of this Local Law shall be spread upon or attached to the Minutes of this Meeting and,
within 20 days after the final adoption of this Local Law, the Town Clerk shall file a certified copy of this
Local Law with New York State Secretary of State, State Records and Law Bureau, Department of State, 41
State Street, Albany, New York 12231 and it is further
RESOLVED, that Local Law #4 of 2019, entitled “Wind Energy Facilities Local Law”, be and hereby is
approved and adopted in the form as presented to this meeting, and in such form “be it so enacted”.
Discussion: Councilperson Carpenter stated that, as well as the town people taking part in a constructive
way, the Town Board did a good job of dealing with the process of the Black Oak Wind Farm with
forethought, care and consideration of everyone involved. They looked at the facts, studied, and came up
with a law that was fair and equitable to everyone in the Town.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Mehaffey aye,
Councilperson Sims aye, Supervisor McGee aye. Carried
Quarterly Reports:
Environmental Management Council: Maureen Bolton reported the Unique Natural Area boundary revision
is done after a 10-year cycle. Copies are available at every local library. A project that is coming up is a free
bag giveaway. Food banks and libraries will help with the changeover from plastic to reusable bags. Town
halls may be another place for distributing free, reusable bags. Brian Eden announced he is stepping down as
chair of the Council and they are looking for more members. Anyone interested should contact Tom Shelley
at tjs1@cornell.edu or Regi Teasley at ritcayuga@gmail.com.
Enfield Food Pantry: Jean Owens was not present to give her report.
Tompkins Health Insurance Consortium: Ann Rider reported they passed the budget at their annual meeting
in October. The rates have been set – about a 5% increase. Recently four new municipalities were added to
the Consortium. The Consortium continues to encourage people to sign up for Telemedicine. There will be
some leadership changes in committees.
Supervisor McGee asked if telecommuting for meetings would be allowed. Ann Rider responded yes;
arrangements would just need to be made prior to the meeting.
Rec Partnership: Councilperson Mehaffey reported there was a lot of discussion regarding regulations that
are being handed down which make it difficult to apply for financial aid because camps need to adhere to the
strictest guidelines, such as mandating that many trainings be attended. Some background checks and
fingerprinting may be required. This is making it hard for the most vulnerable people. The Rec Partnership
put together a letter of support saying these would be hardships. The regulations will be in effect this year –
coming down from the federal government. The group may look for more scholarships, so less aid will be
needed. The final meeting of the year will be next week.
Cayuga Lake Watershed IO: Councilperson Sims stated they been engaged in the grant from the
Department of State to make them more effective and involve the municipalities (about 43). There has been
interest in reaching out to the Park Foundation to assist with some of their projects. There has also been
Enfield Town Board Regular Meeting, December 11, 2019 11
interest in getting a part time staff person on board to help with grant funding. The group is in the process
of having municipalities submit ideas for water quality improvement projects. Hillary Lambert, director, has
been looking at some other large groups and reaching out to see if the Cayuga Lake Watershed
Intermunicipal Organization can learn from them.
Monthly Reports
County Legislator: Anne Koreman thanked those elected officials who are leaving for their service –
Councilperson Carpenter, Councilperson Sims and Town Clerk Linton. She reported the county legislature
had a hearing on residency requirements for department heads. There is an initiative to not have department
heads live in the county, although at this time they do have to be residents. They passed a fee on carry-out
paper bags that will start March 1. An idea that was suggested was to have a place inside stores where extra
bags could be put for reuse by others. There will be a hearing for a 10-million-dollar bond for the airport for
their expansion which would be paid back by airport usage charges. The legislature is forming a task force
on landlord issues and affordable housing – trying to support landlords and not just tenants for affordable
housing. Last year the county suspended local assessment review boards, and no one complained, so they
have a further 3-year trial of not having the local boards.
Highway Superintendent: No report
Planning Board: Chairman Dan Walker sent information that the January meeting will be the 3rd Wednesday
of the month and other meetings during the year will be the 1st Wednesday of the month. There are no
projects before the Planning Board at this time.
Planning Board Appointments: Supervisor McGee expressed concern that Steve Given, whose term is up,
has had several absences over the past few years. Dan Walker spoke with him and learned he is committed
to attending every meeting in the coming year, and has submitted a letter of interest for continuing on the
Planning Board. Mike Carpenter has submitted a letter of interest for joining the Planning Board either as a
member or an alternate. These appointments will be on the organizational meeting agenda.
Code Enforcement Officer: Code Officer Alan Teeter reported he issued 3 permits in November, which
brings the total to 60 for the year. There were no complaints received this month. He has written a couple of
letters for code compliance for older houses in which he just states they have not been inspected because the
house was built before Enfield did inspections. He met with a contractor at 61 N. Applegate Road and it
looks like the whole building may need to come down since there was a lot of fire damage. He has put up
quite a few of the green house number signs recently and he prepared a list of complaints on tenant houses –
there were just 7 in the last year.
Enfield Volunteer Fire Company (EVFC): Alan Teeter, 2nd Assistant Chief stated in November there
were 24 calls as follows: 19 EMS, 2 MVA, 2 service calls, and 1 fire in Enfield. The next officer’s
meeting will be December 30. Line officers for 2020 will be Chief, Roger Lauper, Deputy Chief, Wayne
Lauper, 1st Assistant Chief, Alan Teeter, 2nd Assistant Chief, Jamie Stevens and Captain, Ryan Cartner.
Staff officers will be President, Denny Hubbell, Vice President, Greg Stevenson, Secretary, Ellen
Woods, and Treasurer, Debbie Teeter.
Town Clerk: Ellen Woods, town clerk elect, reported she will advertise for a deputy town clerk widely. She
contacted Tompkins County and the job listing will need to be on their website. She will also have it posted
on the town website and other places to get widespread interest. A suggestion was made to her to keep the
job description information simple. The deputy town clerk must reside within the Town of Enfield and will
be appointed at the January Town Board meeting.
Enfield Town Board Regular Meeting, December 11, 2019 12
Supervisor McGee questioned having a requirement of a college degree or 3 years office experience. She
feels this could limit the pool of candidates. She also suggested that if the deputy will be updating the
website, that might need to be done from home, so some flexibility would be needed.
Councilperson Sims asked for hiring plans. Ellen stated she would try to get 3 candidates and do interviews
after advertising as much as possible. She is looking for someone who is trustworthy and willing to commit
to the job.
Supervisor McGee asked if any thought had been given to the Planning Board secretary. Ellen stated she will
delegate that duty to the deputy clerk, in addition to taking minutes at some special town board meetings.
She will pare down the minimum qualifications and add taking Planning Board minutes to the job
description. Supervisor McGee also mentioned that a resolution by the Town Board would need to be made
if office hours will change after March.
Supervisor Report: Supervisor McGee reported that in addition to her regular duties she: Met with
Bookkeeper, Debby Kelley, for audit preparation; Facilitated the town audit; Submitted Comprehensive Plan
for County review; Began work on SEQR GEIS Scoping document for Comprehensive Plan; Attended
Homeland Security Tier III Emergency Management Certification Training; Finalized SEQR documents for
Wind Law; Met with TC Assessor, Jay Franklin, and Councilperson Mehaffey regarding PILOTS and Town
of Enfield tax issues; Facilitated two board meetings; Worked with Jean Owens regarding Food Pantry
concerns and emergency weather issues; Made website repairs; Communicated with the Public Safety
Committee and Sheriff Osborn regarding Satellite issues; Worked with Comp Alliance on a two-year
Worker’s Comp plan; Obtained frames for the Comp Plan wall maps; Obtained and moved a desk for the
Town Historian; Began cleaning the Community Building office; Worked with Norm Smith to begin Town
Hall back office work.
Facilities: Supervisor McGee reported Norm Smith installed the window today in the extra office at town
hall. The county is interested in taking advantage of the space for a sheriff’s substation, but they are not
willing to pay for improvements to the space aside from furniture and furnishings for the deputies to use.
She suggested paring down the list of repairs and upgrades. The heating and cooling unit upgrade could be
delayed, and reevaluated at the end of 6 months. The Town could do the lighting, fire door and the window,
but put off painting. At this time, the Public Safety Committee is the only group the proposal has gone
before, and there was no vote. Anne Koreman felt this could still be on the table with the county. She will
advocate for continued discussion and support for this.
Councilperson Carpenter suggested changing out the electric heater if a heat pump isn’t installed. If the
county doesn’t contribute, maybe air conditioning shouldn’t be installed. Anne Koreman suggested putting
a timer on the thermostat. Councilperson Sims suggested that although the Town instigated this, there would
be benefits to the county, and it would be appropriate for them to contribute something.
Supervisor McGee mentioned the county contributed a lot to the Rothermich Road culvert so believes the
Town should be willing to contribute something for the county, but may want to scale back on the project at
this time. We are all in a shared service agreement, and a lot of that saves money for Enfield. The issue is
what do we want to do if they don’t want to contribute anything.
Councilperson Mehaffey suggested not just giving up, but continue to negotiate. The Town should continue
to ask, and mention we’re providing the space, utilities, and other safety improvements. She agrees a heat
pump should not be installed by the Town at this time.
Councilperson Carpenter suggested upgrading the facility and fixing it up so it can continue to be used. He
also suggested upgrading the Community Building with a heat pump. He would be happy to have Supervisor
McGee continue to negotiate with the county.
Enfield Town Board Regular Meeting, December 11, 2019 13
Cemetery Tree: Supervisor McGee stated KJ’s Property Care gave an initial estimate for removing a tree
in the Presbyterian Cemetery of $2,475 and this was approved by the Town Board. By adding the removal of
an additional tree, the new total would be $4,310, which is still below the $5,000 requirement for obtaining 3
estimates.
Supervisor McGee moved, with a second by Councilperson Bryant to accept the estimate provided by KJ’s
Property Care to cut down two trees in the Presbyterian Cemetery at a cost of $4,310.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Mehaffey aye,
Councilperson Sims aye, Supervisor McGee aye. Carried
Comprehensive Plan: Supervisor McGee stated she and Councilperson Sims met and went over the process
for completing and adopting the Plan. The SEQRA process is quite long. Tonight there is a resolution
declaring the Town as lead agency. Then the draft scope document needs to be prepared. The SEQRA is on
the Comprehensive Plan itself, not on items in the Plan. Once the draft scope is developed it will be brought
to the Town Board for review, hopefully in January. Once the draft scope is accepted, a 20-day comment
period can be observed and then the final scope will be developed based on the comments received, and then
presented to the Board to accept. Then there are more steps for accepting the GEIS and completing a Finding
Statement. This process is why she is asking to have Matt Johnston assisting the Town. The Board budgeted
$5,000 for him and spent $2,595 over 2 years. Supervisor McGee asked to continue contracting with him
through April and Councilperson Sims has agreed to continue reviewing the work and help with wording. A
new Service Agreement with changes has been prepared stating compensation will not exceed $1,000.
Finance Committee: Supervisor McGee stated there was no meeting this month. They will meet again in
January and maybe work with legislative grants. Councilperson Mehaffey suggested they look into interest
bearing accounts and an investment policy since we get money all at once and spend it throughout the year.
Consent Agenda:
Supervisor McGee moved, with a second by Councilperson Sims, to approve the Consent Agenda as
follows:
Audit Claims: The Town Board authorizes the Supervisor to pay:
General Fund vouchers #290 to 312 dated December 11, 2019 in the amount of $14,495.68 and
Highway Fund vouchers #222 to 243 dated December 11, 2019 in the amount of $34,848.70.
Approval of Minutes of November 6, 2019 Special, November 12, 2019 Special, November 13, 2019
Regular, and November 19, 2019 Public Hearing and Special Town Board meetings
Budget Amendment #2019-19 Encumber Funds for Outstanding Bills for 2019
Be it RESOLVED, that the Town of Enfield encumber funds necessary for the payment of
outstanding financial obligations of 2019, heretofore approved, and appropriations be adjusted to
cover those expenditures until paid in full.
Budget Amendment #2019-20 Move Funds for Cemetery Contractual
WHEREAS the expense for Cemetery Contractual has exceeded the amount budgeted, therefore
be it
RESOLVED the Town Board authorizes the Town Supervisor to decrease line A8810.1-
Cemeteries- Personnel Services by $350.00 and increase line A8810.4 – Cemeteries- Contractual by
$350.00.
Enfield Town Board Regular Meeting, December 11, 2019 14
Budget Amendment #2019-21 Move Funds for Planner
WHEREAS the expense for Planning has exceeded the amount budgeted, therefore be it
RESOLVED the Town Board authorizes the Town Supervisor to decrease line A1220.4-
Supervisor-Contractual by $40.00 and increase line A8020.1 – Planner- Personnel Services by
$40.00.
Budget Amendment #2019-22 Move Funds for Court Fines and Fees
WHEREAS Justice Court fines and fees have been paid to the State Comptroller, and;
WHEREAS, fines and fees have been received as revenue, therefore be it
RESOLVED, the Town Board authorizes the Town Supervisor to decrease line A2610 by $6,621.00
and increase line A1110.489 by $6,621.00.
RESOLUTION #2019-62 Authorizing an Information Notice to be Sent With Tax Bills
WHEREAS, New York State allows for certain notices to be sent to property owners with their tax
bills by resolution by the Town Board, and;
WHEREAS, the Town would like to utilize this method of informing residents of permits, fees,
budget and contact information, and;
WHEREAS, the Town Board has reviewed the notice and approves of its content, therefore be it
RESOLVED, the Town Board authorizes the Supervisor to prepare a notice with this information
to include with the tax bills sent to residents in December of 2019.
RESOLUTION – #2019-63 Authorizing the Supervisor to Proceed as Facility Manager
WHEREAS, the New York Town Law Section 64 directs that the Town Board shall have the
management, custody, and control of all town lands, buildings and property of the town and keep
them in good repair, therefore be it
RESOLVED, the Town Board appoints Town Supervisor, Beth McGee, the Facility Manager to
oversee such management and repair, and further
RESOLVED, the Town Board authorizes the Town Supervisor to make purchases for products
and services for such maintenance and repair under $1,000.00 without prior Town Board input, as
afforded by the Town of Enfield Procurement Policy, and further
RESOLVED, the Town Board authorizes the Town Supervisor to make decisions regarding
building maintenance and repair in the best interest of the town without prior Town Board
approval.
RESOLUTION #2019-64 Authorizing Supervisor to sign Contract Extension for Planner
Matthew Johnston
Enfield Town Board Regular Meeting, December 11, 2019 15
WHEREAS the Town of Enfield contracted with Matthew Johnston for review services for the
Comprehensive Plan, and;
WHEREAS, the Town of Enfield wishes to continue utilizing his services until the Plan is
complete, therefore be it
RESOLVED, the Town Board authorizes the Supervisor to sign a contract extending these services
through April 2020.
RESOLUTION #2019-65 Authorizing Supervisor to Sign Letter of Support for Finger Lakes
Trail Grant Opportunity
Vote on Consent Agenda: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson
Mehaffey aye, Councilperson Sims aye, Supervisor McGee aye. Carried
Old Business:
Comprehensive Plan Scope and Generic Environmental Impact Statement:
Resolution Declaring the Enfield Town Board Lead Agency on the Comprehensive Plan and associated
SEQR:
Supervisor McGee moved, with a second by Councilperson Sims, to adopt Resolution #2019-66.
Resolution #2019-66 SEQRA NOTICE OF INTENT TO SERVE AS LEAD AGENCY FOR THE
ADOPTION OF THE TOWN OF ENFIELD COMPREHENSIVE PLAN
WHEREAS, the Town of Enfield is developing a Comprehensive Plan; and
WHEREAS, the Comprehensive Plan Committee has developed the Town’s Comprehensive Plan and
environmental documentation in support of same; and
WHEREAS, accordance with the provisions of 6 NYCRR Part 617, the Enfield Town Board intends to
serve as Lead Agency for the SERQA review of this Type 1 Action, and, in this capacity, will determine if
the proposed action will have a significant effect on the environment; and
WHEREAS, the Lead Agency will undertake a coordinated review of this action, now therefore, be it
RESOLVED, that the Enfield Town Board hereby designates its intention to serve as Lead Agency for the
SEQRA Coordinated Review of this Type 1 Action, and will circulate the Lead Agency Notice on the
TownofEnfield.org website and in the Enfield Town Hall, and
RESOLVED, that paper or digital copies of the draft Comprehensive Plan, as well as a link on the
TownofEnfield.org website wherein draft Comprehensive Plan is located will be provided for public review
by the Town Clerk, and
RESOLVED, the Comprehensive Plan and the Draft Generic Environmental Impact Statement will be sent
to Tompkins County Planning for their review per GML §239. There are no other interested agencies.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Mehaffey aye,
Councilperson Sims aye, Supervisor McGee aye. Carried
Enfield Town Board Regular Meeting, December 11, 2019 16
RPTL 487 Opt Out Local Law – Discussion, Set Possible Public Hearing Date: Supervisor McGee stated
the Board rescinded the wind law this evening so we are officially opted in under RPTL 487. The other
option is to opt out again and the developer can go to the IDA and get a PILOT agreement for up to 20 years.
It’s really questionable if its’s feasible to stay opted in and do our own PILOTs. If we opt out again, we have
to do it as a separate local law that would be for any type of renewable energy.
Councilperson Mehaffey feels in the not too distant future the Town may have to separate non-commercial
from commercial facilities. As of now, there is no differential between those two for tax purposes. At this
point it may not make a big difference, but in the future it might.
Supervisor McGee suggested sitting on this and remaining opted in. If a renewable energy facility comes
here, and we recognize we don’t get much, we could opt out. She suggested tabling this for now. She will
reach out to Attorney Krogh and see if we need to do anything officially. The default is opt in.
Resolution to sign two-year agreement with Comp Alliance for Worker’s Compensation: Supervisor McGee
stated a two-year plan was presented for the Town with only a $406 increase for the second year. Once
agreed on, there would be no correction. There are alternate payment plans – quarterly or yearly. The cost
would be $102,626 for two years for both Town and Fire Worker’s Compensation. Councilperson Mehaffey
suggested that if there are no fees attached, the bill should be paid quarterly.
Supervisor McGee moved with a second by Councilperson Sims to authorize the town supervisor to enter
into a 2-year agreement with the Comp Alliance for the Town and the fire company worker’s compensation
insurance.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Mehaffey aye,
Councilperson Sims aye, Supervisor McGee aye. Carried
Letter for Tax Bills: Supervisor prepared a draft letter to be included with the 2020 Town and County tax
bills. Highway Superintendent Rollins asked to switch the first paragraph with the second so it wouldn’t
appear the highway department was blamed for the tax increase. The Town, highway and fire company all
were increased. Supervisor McGee will make that change, and get the letters printed and folded so they can
be put in envelopes with tax bills.
Supervisor McGee moved, with a second by Councilperson Bryant to accept the Town levy letter with
changes as proposed.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Mehaffey aye,
Councilperson Sims aye, Supervisor McGee aye. Carried
Salt Barn: Supervisor McGee stated she put together packets of information for current board members and
members-elect Stephanie Redmond and Bob Lynch. These include fact sheets on the grant, which has a
minimum applicant match of $170,320. The next step is the project work plan and budget guidance.
Supervisor McGee stated she would like to have this on the agenda for the January meeting. She put together
a draft salt storage work plan which is a chart of the general process. It can be modified throughout the
process. The grant can also be declined at any time. She feels the Town needs to look at what they’re willing
to spend. The Town has until April of 2023 to complete the project if it’s contracted by April of 2020. There
is also flexibility if we’re almost done to extend the contract – they are very flexible. If the grant is declined,
we might not get it again.
The Town needs to submit a work plan and proposed budget and be ready to contract by February so we are
solid and can make a decision by April. The timeline in the draft puts us into completing the project at the
end of the year after that. If we were to bond the remainder, by that time the additional funds of the
unassigned funds that are being used to build the highway fund could be reallocated in that direction.
Enfield Town Board Regular Meeting, December 11, 2019 17
Solar RFP Update: Supervisor McGee stated she has received no proposals yet, but she received 3 e-mails
from installers saying they will submit. The deadline is the 16th. No one has requested a site visit.
Audit Update: Supervisor McGee stated the audit has been taking place for the last 3 days and has been
going well. She feels the auditors will provide a comprehensive report of recommendations.
Speed/Safety Traffic Policy: Supervisor McGee provided a draft policy. On the second page are comments
from David Orr of the Cornell Local Roads Program about reviews being done. The only authority the Town
has over roads is to submit a request to the county for a speed assessment at a particular place. The Town
Clerk can then be asked to submit the TE 9a form that requests New York State do a review, and they have
full authority over that. She suggested having no petitioning. Any resident can come in and request us to ask
the county to do a review. This will provide a process for the resident to move through.
Supervisor McGee moved with a second by Councilperson Mehaffey to adopt the speed limit policy, and to
include a written request stating the location and reason for the request, and remove E.a., the petition
requirement of 65% of residents.
Vote: Councilperson Bryant aye, Councilperson Carpenter aye, Councilperson Mehaffey aye,
Councilperson Sims aye, Supervisor McGee aye. Carried
Smoking Policy: This item will be on next week’s special meeting agenda
New Business:
Special Meeting – Comprehensive Plan: There is a public hearing scheduled for December 18 at 6:30.
Committee Nominations – 2020: Supervisor McGee would like Town Board members to help fill the
positions. Appointments will need to be done by the Town Board at the organizational meeting in January.
Supervisor McGee went through the list to see who might be interested in committee appointments.
Privilege of the Floor: Anne Koreman stated she was in communication with Jason Molino, and talked to
Rich John, chairperson of the Public Safety Committee, and feels they can come up with a little money for
upgrades for the sheriff substation. She also mentioned the County Planning Department is working on a
proposal to help out with certain projects as advisors or consultants; they are looking at up to $5,000 worth
of time, but it is only a proposal at this time.
Bob Lynch, Councilperson-elect, stated he was at the meeting of the Public Safety Committee and he felt
they didn’t have enough information. He suggested that if the supervisor attends their meeting, and gives
concrete figures, they may negotiate. He commended Councilperson Sims and Councilperson Carpenter for
their years of service. He also thanked Town Clerk Linton for her 10 years of service.
Councilperson Mike Carpenter stated for the last couple of years he has enjoyed the ability to find consensus
and be able to talk through issues. Better answers have been found to questions by talking, and it has been
enjoyable. He commended Supervisor McGee on the job she has done for the past two years.
Announcements: None
Adjournment: Supervisor McGee adjourned the meeting at 10:20.
Respectfully submitted,
Alice M. Linton, RMC
Enfield Town Clerk