TOWN OF YATES

REGULAR MEETING
MARCH 12,2015

The Meetings was called to Order by the Supervisor at 7:00 P.M. at the Town Hall 8 South Main Street, Lyndonville NY

THOSE OFFICERS PRESENT: John Belson-Supervisor

James Whipple-Councilman

Bradley Bentley-Councilman

Steve Freeman-Councilman

Brenda Donald-Town Clerk

Michele Harling-Assessor

Dan Wolfe-Code and Zoning

Andrew Meier-Town Attorney

OTHERS: Larry Wolfe-resident

Donna Bane- Property Owner

Bonnie Hartway-Property Owner

Donald Lamay-Property Owner

Chris Crafts-Property Owner

Bob Burke-Property Owner

Shelley & Paul Salmons Property Owners

Donna Riggi-Property Owner

John Riggi-Property Owner

Mary Hayes-Property Owner

Roger Barth-Property Owner

Georgette Stockman

Glen Maid-Property Owner

Kate Kremer

Paul Mullane-Property Owner

William & Susan Davis-Somerset

Susan Dudley-Property Owner

Ruth Doughty-Property Owner

Richard Pucher-Property Owner

Kathleen Evans-Property Owner

Lynne Wright

Doug Pratt-Property Owner

Dan Fitzgerald-APEX

Kathy Orr

Tayler-Quarles-APEX

Privilege of the Floor

Mary Hayes- Town law states that minutes be ready 2 weeks after meeting.

Would the Town look into a more transparent Website

Would it be possible utilize recording equipment?

Glen Maid , presented the Board with a Presentation as follows:

Presentation – Town of Yates March 12, 2015

Glenn Maid

10367 Chaffee Lane - Fire Lane 65

(PO Box 31 – Lyndonville)

Yates, NY 14098

The Yates Town Board and the property owners are not adversaries. We are your neighbors, your co-workers, and friends. The PEOPLE are in conflict with APEX Lighthouse Wind LLC and their plan to erect mammoth Industrial Wind Turbines in our beautiful town. The Board just happens to be the third party in the fight.

In the past few months, the downside and pitfalls of this project have been demonstrated to the Board. I feel that the Board may have an inkling by now that a lot of people don’t want this.

oIf Industrial wind turbines are so wonderful, why is it that everywhere they are proposed, there is no community support and always a fight to stop them ?

Years ago, there were thoughts to build a hazardous waste site, and possibly a nuclear power plant on the Morrison property. After some analysis, they were determined to be bad ideas. Common sense won out. This plan is no different.

The community is now asking for your support in stopping the installation of some of the largest industrial wind turbines built to date.

When the next phase of the process comes along, the Preliminary Scoping Statement, residents and landowners strongly encourage you to advise the NYS Siting Board of all areas of noncompliance and raise objections over the plan, and demand that APEX comply with all present applicable laws. As stated previously, you have the authority, responsibility and obligation to ensure any proposed development is in accordance with the laws, rules, and most of all character of our Town.

oThe PIP, as written, raises a multitude of questions and concerns in the following areas: Lack of public outreach &Non-adherence to Laws

 Local Waterfront Revitalization Plan

 Western Orleans Comprehensive Plan

 Yates Local Law 1

 Yates Town Zoning

 NYS Environmental Conservation Law

 NYS Article 10 – Siting Requirements

 Approximately 12 Federal

We invite the Board to work WITH us to advise the State Siting Board of these concerns before this project continues into its next phases. We invite the Board to hold meetings with us.

We strongly urge the Board not to change any laws to accommodate APEX Lighthouse Wind. The exact opposite should happen. Just like anybody else, APEX is the one who should have to adapt, not the Town.

Additionally, we ask the Board to renew its February 2012 resolution against the “Power NY Act of 2011”, the State legislation that created Article 10. This resolution was made because the Board felt that it infringed on their home rule powers. Take back your power. You can say no to the Siting Board for cause in so many areas. The Board’s recommendations carry significant weight with the State.

To date, according the Public Service Commission, there has been no correspondence from the Yates Town leadership concerning the APEX Public Involvement Plan filed October 31, 2014, or its two subsequent revisions. We would love to see that change. They need to hear from you. You have a huge say in this.

At this point in the process, the public cannot accept assertions by any Board that they don’t know much about this project and the “State Siting Board makes the decisions”. Nothing could be farther from the truth. We want you to know everything there is to know about the plan, the process, and what you as a local government can do to influence the outcome for your residents.

We need open, transparent government, particularly regarding projects that have such significant impact on the community. We ask that you work WITH the community. Make informed decisions based on facts, and what is best for all, not just the few.

Feels that APEX should adapt to the Town not the Town adapt to APEX

Roger Barth

I am not against wind energy but I feel 570 ft. industrial wind turbines do not belong in residential areas Need to re-instate Resolution No 30 of 02/2012 (OPPOSING THE POWER NY ACT OF 2011)

Also I suggest joining the Public Involvement Plan

William Davis stated he was approached to sign a contract stated he will not sign. The contract states loss of livestock or crops are not covered Provided information on 2 websites

NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS

Guidelines for Agricultural Mitigation for Wind Power Projects

http://www.agriculture.ny.gov/AP/agservices/WindFarm Guidelines.pdf

Wind Energy Development in New York State: Issues for Landowners-EB-2005-04

http://aem.cornell.edu/outreach/extensionpdf/2005/Cornell AEM eb0504.pdf

Susan Dudley-do not support the turbines ,there is carbon monoxide emissions, parts are made in China they do not care, only care about the money. Cape Vincent turned them down the Town Board and the Town people worked together to do this.

Kate Kremer presented the Town Board with information on Wind turbine noise and the problem of killing bats, shoreline has the highest habitat value for migrating and nesting birds. Michigan has a 3 mile set back from the Lakeshore.

There has not been a substantial study into health problems caused by wind turbines.

Letter was read from Matthew Jost who could not attend

RE: APEX windfarm project

Dear Sirs: I am a property owner in the Town of Yates NY. I am aware of the potential development of a wind farm in the towns of Somerset and Yates. I am aware that the Lake Ontario shoreline is the major flyway of North America. I have witnessed huge flocks of Canadian Geese fly over my property in search of the wetlands of the Alabama swamps just south of us. They stop at lakes and ponds on their migration to the south, and again on the return trip. I agree that the bird migration will be negatively impacted by 570 foot wind turbines in the area. The fresh water streams are the breeding fround for salmon and other fish that feed into the lake.

Research has been done on the negative effects on wildlife including the endangered golden eagle and short eared owl.

Research has also been done on the buried transmission lines interfering with cattle.

There are no long term local jobs created. History of wind farms has shown that once constructed the jobbers leave. The companies many times sell off the investment to leave the structures behind with no responsibility if they breakdown. History of windfarms has also shown that the landowners who sign the leases, take their money, leave town and leave structures behind where they do not have to look at at the turbines or any potential environmental impact down the road.

I believe that the local residents will not benefit from the electricity generated. I believe that the electricity will be shipped and sold to other markets, leaving us to look down at the scarred ground and look up into the sky and see towers rather than the birds flying overhead, and block our beautiful vistas of sky stars ,sun and moon.

The question is why here in our town? Less people to put up a fight?

Please see the bigger picture for us all, and not just what wind farm is promising the town in the form of payments, trips, gifts, or other short term gain. Leasees are getting a great deal of money. How does that benefit the rest of us or protect our shorelines, birds, ground water ,cattle.

Sincerely

Matthew A. Jost

Ruth Doughety- I oppose the wind farms we need to think of future generations.

John Riggi-Have heard APEX is requesting a Special Permit for a Met Tower. I oppose any towers

Paul Mullane- would like to commend the Supervisor on Article 10 recommendation for representatives.

Cathy Orr former Wyoming County these wind farms will destroy the community I have seen it first hand. I am willing to take anyone to Wyoming County and have them talk to the people it has hurt.

Mary Hayes- isn’t Dan Spitzer pro wind farms?

Supervisor Belson-that is who helped with are laws on windmills and who we chose.

RESOLUTION NO.37-3/15

RESOLUTION TO APPROVE MINUTES

RESOLVED , to approve the minutes of the February 12,2015 regular meeting as presented to each Board member.

Offered by Councilman Whipple who moved its adoption

Seconded by Councilman Freeman

Adopted. 3ayes; 0 nays; 1 absent (Bradley) 1 abstain (Bentley)

RESOLUTION NO.38-3/15

RESOLUTION TO ISSUE JUNKYARD LICENSES

WHEREAS, 3 applications for junkyards have been received for renewal, and

WHEREAS, the Code Officer has inspected each of these Junkyards, be it

RESOLVED, that Junkyard license shall be issued to Terry Chaffee-1859 Murdock Road, Brenda Dunn - 1848 Goodwin Road and Paul,Sandra, Leonard, Rachel & Vanessa Lauricella- 12469 Roosevelt Highway

Offered by Councilman Bentley who moved its adoption.

Seconded by Councilman Whipple

Adopted 4 ayes; 0 nays 1 absent (Bradley)

RESOLUTION NO.39-3/15

SUPPORTING REFORM OF THE AID AND INCENTIVE FOR MUNICIPALITIES (AIM) FORMULA IN ORDER TO DISTRIBUTE THE NEW AID TO LOCAL GOVERNMENTS

WHEREAS, unrestricted state aid to local governments – formerly known as revenue sharing, now known as Aid and Incentive for Municipalities, or AIM – is general purpose state aid provided to all of New York’s cities (outside of New York City), villages and towns; and

WHEREAS, since the late 1980s, the original “revenue sharing” formula – intended to provide property tax relief by redistributing the state’s progressive tax revenues to municipalities that do not have the tax base or the taxing authority to generate these revenues on their own – has been annually disregarded and various constraints have been imposed on the overall level of state aid to local governments; and

WHEREAS, the original “revenue sharing” formula has not been utilized for decades and, since that time, various additional aid categories have been targeted to specific municipalities based on no particular economic or demographic factors, the current allocation of unrestricted aid (AIM) fails to accurately reflect the fiscal need and capacity of its recipient cities, villages and towns; and

WHEREAS, unrestricted State aid to local governments is a clear and proven way to provide property tax relief, when sufficiently funded; and

WHEREAS, a strong and growing state-local fiscal partnership is essential to generating economic vitality in all regions of our State; and

WHEREAS, local governments are limited by the 2% cap on property tax levies, growth in unrestricted State aid is critical; now, therefore be it

RESOLVED, that the Town of Yates calls on the Governor and the State Legislature to implement a multiyear phased 50% increase in the AIM program funding and a reform of the AIM formula in order to distribute the new aid to local governments in a fair and objective manner, and would account for local fiscal capacity and need; and be it

FURTHER RESOLVED, that the new program’s formula components, at a minimum, should include population, population density, poverty and public safety services and the formula should also consider the amount of tax-exempt property a municipality has within its boundaries, as this has a significant effect on a community’s ability to raise revenue; and be it

FURTHER RESOLVED, that the Clerk of the Legislature shall forward copies of this resolution to Governor Andrew M. Cuomo, Lieutenant Governor Kathy Hochul, Senator Robert Ortt, Assemblyman Steve Hawley, Assemblywoman Jane Corwin, NYSAC, InterCounty of Western New York, Orleans County Towns and Villages, and all others deemed necessary and proper.

Offered by Councilman Whipple, who moved its adoption

Seconded by Councilman Freeman

Adopted. 4 ayes 0 nays 1 absent (Bradley)

RESOLUTION NO40-3/15

SUPPORTING LEGISLATION TO REPEAL THE NEW YORK SECURE AMMUNITION AND FIREARMS ENFORCEMENT (SAFE) ACT OF 2013

WHEREAS, Senate bills S511-2015 and S1193-2015 have been introduced to the New York State Senate by Senators Michael Nozzolio and Katherine Marchione respectively, which would repeal all or part of the New York Secure Ammunition and Firearms Enforcement Act of 2013; and

WHEREAS, this Legislative Body has long advocated for the protection of the rights afforded our citizens under the Constitution, which has for generations guided our Nation and served as a framework to our republic and society; and

WHEREAS, the Second Amendment of the United States provides for the “right of the people to keep and bear arms” and further states that this right “shall not be infringed”; and

WHEREAS, members of the Town of Yates Board, being elected to represent the people of the Town of Yates, are duly sworn by their oath of office to uphold the Constitution of the United States; and

WHEREAS, members of the New York State Assembly and the New York State Senate, being elected by the people of New York State, are duly sworn by their oath of office to uphold the Constitution of the United States; and

WHEREAS, the Civil Rights Law of the State of New York states in Article 2 Section 4, “ Right to keep and bear arms. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.”; and

WHEREAS, the lawful ownership of firearms is a recreational benefit to our residents through hunting and target shooting, along with an economic and environmental benefit to our region with several locally owned and operated gun/sporting businesses; and

WHEREAS, the New York State Secure Ammunition and Firearms Enforcement (NY SAFE Act) of 2013 which was rushed to passage by the New York State Senate, Assembly and Governor, will have a detrimental effect on hunters, sportsmen and legal gun owners, creating a hostile environment both for them and for the sale and manufacture of legal firearms; and

WHEREAS, the legislation prohibits the sale of firearm magazines with a capacity larger than seven (7) rounds and, those firearm magazines with a capacity larger than seven (7) rounds, which are authorized to be retained by existing owners, may only be loaded with seven (7) rounds and eventually must be permanently altered to only accept seven (7) rounds or be disposed of; and

WHEREAS, few or no low capacity (seven (7) rounds or less) magazines currently exist for many of the firearms commonly possessed by law-abiding residents of New York State; and

WHEREAS, the legislation severely impacts the possession and use of firearms now employed by the residents of Orleans County for the defense of life, liberty and property; and

WHEREAS, the legislation severely impacts the possession and use of firearms now employed for safe forms of recreation including, but not limited to hunting and target shooting; and

WHEREAS, while there are some areas of the legislation that the Orleans County Legislature finds encouraging, such as the strengthening of Kendra’s Law and Marks’s Law, as well as privacy protections for lawful permit holders, we find the legislation fails to offer little meaningful solutions to gun violence and places undue burdens where they don’t belong, squarely on the backs of law abiding citizens; and

WHEREAS, there are many parts of this legislation that place an unfunded mandate on the local Sheriff Departments, County Clerk’s Office and County Judges, while tax payers are crying out relief; and

WHEREAS, there will be significant financial impact due to the approximately 4,850Orleans County pistol permits that will have to be renewed requiring additional manpower and computer systems; and

WHEREAS, requiring law-abiding gun owners to verify ownership of certain types of firearms every five years, in addition to registering them on permits, which now also must be renewed every five years, does not increase the safety of the public and is unnecessarily burdensome to the residents of New York State; and

WHEREAS, this legislation effectively treats countless New York State law abiding gun owners as criminals; and

WHEREAS, the enactment of the NY SAFE Act has engendered significant controversy over both the process by which it was enacted and certain provisions contained within; and

WHEREAS, the manner in which this legislation was brought forward for vote in the State Legislature is deeply disturbing to the Orleans County Legislature; and

WHEREAS, this legislative body unanimously voted to oppose the New York Secure Ammunition and Firearms Enforcement Act of 2013 for all reasons stated above in RESOLUTION NO.39-3/13 of the Town of Yates proceedings now be it

RESOLVED, that the Town of Yates does hereby support Senators Michael Nozzolio’s and Katherine Marchione’s bills S511-2015 and S1193-2015 to repeal all or part of the New York Secure Ammunition and Firearms Enforcement Act of 2013; and be it

FURTHER RESOLVED, that this Board supports the introduction of an Assembly bill which calls for the repeal of the New York Secure Ammunition and Firearms Act of 2013; and be it

FURTHER RESOLVED, that this legislature supports efforts by the New York State Legislature to remove funds for enforcement of the New York Secure Ammunition and Firearms Act of 2013 from the New York State Budget; and be it

FURTHER RESOLVED, that certified copies of this Resolution be forwarded to the Governor of the State of New York, Senator Robert Ortt, Assemblyman Stephen Hawley, Assemblywoman Jane Corwin, New York State Association of Counties, InterCounty of Western New York, all Orleans County Towns and Villages, and all others deemed necessary and proper.

Offered by Councilman Bentley who moved its adoption

Seconded by Councilman Freeman

Adopted 4 ayes; 0 nays 1 absent (Bradley)

RESOLUTION NO.41-3/15

RESOLUTION TO AUTHORIZE SUPERVISOR TO SEND LETTER TO CHARLES NESBITT ABOUT INTEREST IN SHARED SERVICES

WHEREAS, Charles Nesbitt Chief Administrative Officer for Orleans County has contacted the Towns in Orleans County about shared services, be it

RESOLVED the Town board authorizes the Town Supervisor to contact Charles Nesbitt showing the Town of Yates interest in shared services.

Offered by Councilman Whipple who moved its adoption.

Seconded by Councilman Bentley

Adopted. 4 ayes;0nays; 1 absent (Bradley)

Attorney Andrew Mier - The Town has received a Special Use Permit application for a 60 meter meteorlogical tower to be placed on property owned by Donna Bane on parcel # 2.-1-40 SW of Marshall Road/ W of Lakeshore Road.

This will need a Public Hearing

RESOLUTION NO.42-3/15

RESOLUTION TO HOLD PUBLIC HEARING ON METEORLOGICAL TOWER

WHEREAS, A Special Use Permit has been submitted to the Town of Yates and a public hearing needs to be scheduled, be it

RESOLVED that a public hearing be set for April 9, 2015 at 7:00 P.M. at the Town Hall 8 South Main Street, Lyndonville, NY

Offered by Councilman Freeman who moved its adoption.

Seconded by Councilman Whipple

Adopted 4 ayes;0nayes 1 absent (Bradley)

Michelle Harling-Assessor

Exemptions are complete all but 6 renewed

Aged scale increase gained 1 lost one in Village

Lost 2 in town

Dan Wolfe- Code and Zoning when waeather breaks will be doing property maintenance

Checks.

Brad Bentley questioned picking up recycling someone was saying everything goes in 1 truck. Steve freeman stated some trucks have 2 different compartments.

RESOLUTION NO. 43-3/15

RESOLUTION TO PAY BILLS

WHEREAS, bills have been reviewed by the Town Board, be it

RESOLVED to pay bills as follows:

A-Account-General 48,787.78

B-Account-General 916.74

DA-Account 36,444.13

DB-Account 1,455.98

Fire 35,350.00

Water 4 Account 16,097.47

$

TOTAL 139,052.10

Offered by Councilman Bentley who moved its adoption

Seconded by Councilman Whipple

Adopted. 4 ayes’ 0 nays 1 Absent (Bradley)

Supervisor Belson has contacted the public service Commission to schedule a meeting at the end of March.

Adjournment

Moved by Councilman Whipple , Whereas there is no new business to be brought before the Board that the meeting be adjourned at 8:05.M.

Seconded by Councilman Freeman

Adopted.4 ayes: 0 nays; 1 absent (Bradley )

Town of Yates

Brenda B. Donald

Town Clerk