Lyme to conduct new survey on wind power views

THREE MILE BAY — It's back to the future for the Lyme Town Council.

While it began reviewing a draft zoning law for wind power development, the council agreed to conduct a new survey of town residents on their attitudes toward allowing such development to occur.

"I don't think we have room for any turbines in the town," Councilwoman Anne M. "Boo" Harris said during the work session Tuesday night. "But I will be glad to abide by a survey. I will abide by what the majority says."

The last survey, conducted in 2007, found that 52 percent of respondents wanted wind power facilities in the town.

"There has been a lot of information given out in the last three years," Supervisor Scott G. Aubertine said.

The council will continue to tweak a zoning law proposal to prepare if the survey shows a majority of residents support wind power development. The council wants the survey done and a law adopted before the wind power moratorium runs out in October.

Two council members opposed conducting another survey.

"My objection to a survey is that the outcome depends on which side knocks on more doors and talks to the most people," Councilman Donald R. Bourquin said.

Councilman Warren A. Johnson agreed. "Only if we can't come to a consensus here should we have another survey," he said.

Councilman Michael P. Countryman said he would have liked to see the wind law discussion concluded before he resigned, which he expects to do after the July council meeting. He voted for the survey, saying he had always wanted to see the question go to a public referendum.

The council will discuss putting a small committee together to agree on the question or questions to be asked and how to conduct the survey at its next regular meeting.

At the beginning of the meeting, Planning Board member Albert H. Bowers III challenged Mr. Bourquin's and Mr. Countryman's participation in the discussion.

"I object to continuing with the work session with people on the council who have conflicts," Mr. Bowers said.

Mr. Aubertine told him that comments from the floor were not allowed during the work session and that he should sit down or leave.

Town Attorney Mark G. Gebo said that under general municipal law, government officers should recuse themselves when they have direct or indirect monetary benefits coming to themselves, spouses or dependents.

"It's up for that board member to determine that there is a conflict," he said. The state attorney general's Wind Industry Ethics Code, which many developers have agreed to, includes disclosures of benefits for relatives of government officers.

"They do not have the force of law and they're not intended to regulate town and village law," he said.

The two councilmen have brothers with leases for a transmission line for projects in Cape Vincent.

"I feel I'm OK," Mr. Countryman said. "With a power line, we have no choice where they put the power line. But I don't want to put the town in jeopardy at all."

Mr. Bourquin said, "Our zoning law would not affect my brother at all."

Mrs. Harris asked if Mr. Gebo would request an opinion from the attorney general's office.

"It's more a matter of public perception than anything else," she said. "This has caused a rift in every community around here."

Mr. Gebo said the attorney general's office spoke to him after Cape Vincent's supervisor asked for an opinion on two councilmen's participation in their zoning discussion.

The council agreed unanimously that the zoning law should not allow industrial wind turbines south of Route 12E. They also agreed to add language that the total height of turbines cannot exceed 425 feet.

The next work session will be at 6:30 p.m. June 29 at the Three Mile Bay Fire Hall on Route 12E.