Wind panel to meet secretly

CLAYTON — The newly formed Wind Law Review Committee will meet in secret for several months before it makes recommendations to the Town Council regarding wind turbine noise and setbacks.

The 10-member committee plans to hold its first meeting in January. The group will gather community input and also discuss potential health risks related to wind farms.

The Planning Board and Town Council hope the committee will submit its recommendations for a revised Local Law No. 1 of 2007, which sets noise limits for wind turbines and establishes setbacks for wind farms, by the end of April, although Planning Board Chairman Roland A. "Bud" Baril said there is no deadline.

Mr. Baril said the meetings will be closed to prevent outside influences from steering the committee's decision-making process.

"Those meetings will not be open to the public. We don't want to stifle and make them uncomfortable or pressured," he said.

Mr. Baril said that committee members also are prohibited from disclosing information about the meetings to the public and the media.

According to the state Committee on Open Government, as an advisory body, the committee is not subject to the Open Meetings Law.

"Because this is an advisory body and it is not consisted solely of members of the council, Planning Board and Zoning Board, this kind of group, based on judicial law, is not required to have open meetings," said Robert J. Freeman, the committee's executive director.

However, that doesn't mean the board should hold closed meetings, he said, adding that there is also no legal grounds to enforce a gag order that prevents committee members from talking to the public or media.

"It's shortsighted and silly," he said.

The town of Clayton and the joint village and town Planning Board named all 10 members for the committee. Duane C. Hazelton will represent the joint town and village Planning Board, Robert W. Cantwell III the Town Council, Leslie E. Drake the Zoning Board of Appeals and Lori K. Durand the Clayton Local Development Corp.

Citizen members will be Patricia Patchen, Samuel J. Matthews, Edward A. Oliver, Thomas M. Brennan, Dr. John W. Jepma and Jamie Lee.

Richard R. LeClerc, director of the Center for Community Studies at Jefferson Community College, Watertown, will facilitate the wind law committee.

Mr. Cantwell said Tuesday he was not aware the meetings were closed sessions and agreed with Mr. Freeman that it would be beneficial for the committee to open its meetings to the public.

"I don't have any idea why it would be closed," Mr. Cantwell said. "It's got to be open."

Mr. LeClerc, the facilitator, said the meetings are closed to the public to have more productive and focused work sessions.

"Since the committee is not a decision-making body, the closed sessions will allow a more focused participation. I think that's the town's intention," he said.

The meeting rules draw a stark contrast with a neighboring town's wind law committee. While the town of Cape Vincent's wind committee does not allow the public to speak up at its meetings, community members can attend.

Mr. Baril said that the two towns are in different stages of wind development and that it would be unfair to compare the procedures of the two committees.

"We are a lot further than they are. We already have a wind law," he said. "Also, we are suspended and they are proceeding."

Iberdrola Renewables suspended its application for the 62-turbine Horse Creek Wind Farm in June.

Although the meetings are closed, the committee may decide to invite guest speakers or wind experts to make presentations.

"It's a fair way to have some input without heated feelings," Mr. Baril said.

Also, because the committee sets its own rules, the meeting dates will be set internally and it may even decide to open up the meetings to the public.

"That's certainly an option for the facilitator with the consent of the committee members," Mr. Baril said.

Although the Town Council and the Planning Board do not set goals for the committee, Mr. Baril said he hopes it will reach a conclusion that would not completely "zone out" wind development.

"You can't decide to zone something so that it could not happen. There has to be some ground that everyone can stand on. We don't have to satisfy the wind companies but we have to satisfy our community," he said.

The secretary of the committee, Candie L. Pecor, will keep records of the meetings. The records will be available only for the committee members and Mr. LeClerc.