DRAFT

 

YEAR END MEETING

TOWN OF YATES

DECEMBER 28,2015

 

The meeting was called to order by the Supervisor at 10:00 A.M. at the Town Hall, 8 South Main Street Lyndonville, NY

 

Those Officers Present: John Belson ,Supervisor

                                          Jim Whipple, Councilman

                                          Bradley Bentley,Councilman

                                          Wes Bradley, Councilman

                                          Brenda Donald, Town Clerk

                                   

OTHERS:                        Andrew Meier, Attorney

                                          Dan Wolfe, Code and Zoning

                                          Dan Spitzer, Attorney

                                          Deb and Tom Arlington

                                          Donna Bane

                                          Jim Hoffman

                                          Russ Martino

                                          Jim and Paula Simon

                                          Harvey and Sue Campbell

                                           Carla Woodworth

                                           Jim Bansbach

                                          Taylor Qualres

                                           Tom Rivers

                                           Kathy Evans

                                           Chris Crafts

                                           Richard Pucher

                                           John and Donna Riggi

                                           Kathy Bane Dinse

                                           Paul Lauricella Jr.

 

 

RESOLITION NO.100-12/15

 

RESOLUTION TO ACCEPT THE MINUTES  

 

RESOLVED, to accept the minutes of the   December,10 2015 meeting as presented to each Board Member.

 

Offered by Councilman Bentley who moved its adoption

Seconded by Councilman  Whipple

Adopted.  4ayes; 0 nays; 

 

RESOLUTION NO. 101-12/15

 

RESOLUTION AUTHORIZING BOOKKEEPER TO MAKE YEAR END ADJUSTMENTS FOR YEAR ENDING DECEMBER 31,2015

 

WHEREAS, the independent auditors have recommended that the Bookkeeper request a “blanket resolution” to allow for any budget adjustments that may be required at year end; be it

 

RESOLVED, that this Town Board authorizes the Bookkeeper to  make the necessary budget adjustments and inter-fund transfers, and furnish a copy of said adjustments to the Town Supervisor when completed.

 

Offered by  Councilman Whipple who moved its adoption

Seconded by Councilman Bentley

 

Adopted.  4ayes; 0 nays 

 

RESOLUTION NO.102-12/15

 

 

Town Clerk presented a letter of resignation effective December 30th 2015 at Midnight.

 

 

RESOLUTION ACCEPTING BRENDA DONALD’S RESIGNATION

 

WHEREAS, Brenda Donald, Our town clerk is resigning as of Midnight December 30th, 2015, because of retirement, be it

 

RESOLVED this Board accepts Brenda’s resignation with regret

 

Offered by Councilman Bentley who moved its adoption

Seconded by Councilman Whipple

 

Adopted. 4 ayes: 0 nays

 

RESOLUTION NO. 103-12/15

 

 

RESOLUTION TO ACCEPT YEAREND WATER 4 AND WATER 2

 

WHEREAS , the year 2015 has been closed attached is a printout of money received from Water 2 and Water 4 by the Clerk’s Office

 

2015

 Metered Water

 Penalty

  hookups

 Village

 Ridgeway

 

WATER 4

 Income

 Income

 and hydrant fees

 payments

 Payments

January

                     12,125.19

            95.68

            2,276.93

    194.58

February

                       5,697.34

          177.42

               181.90

March

                       1,917.92

          165.95

               110.00

      14,568.40

April

                     16,727.56

            30.30

            2,885.40

    152.28

May

                       4,271.28

          190.07

            3,050.00

June

                       1,768.17

          164.39

               700.00

      20,163.50

July

                     13,762.53

            18.10

            2,900.00

    234.60

August

                     10,741.91

          426.92

               100.00

September

                       1,745.08

          158.38

            1,150.00

      26,974.50

October

                     15,833.48

            53.38

            3,380.00

    831.90

November

                     14,898.05

          288.46

               750.00

December

                       1,386.10

          121.31

20090

TOTAL 

                   100,874.61

       1,890.36

          17,484.23

      81,796.40

 1,413.36

TOTAL INCOME

                  120,249.20

COST

                     83,209.76

                     37,039.44

Dated

12/28/2015

 Supervisor Belson

 

 

 Councilman Whipple

 

 

 Councilman Bentley

 

 

 Councilman Bradley

 

 

2015

 Metered Water

 Penalty

 FEES

 Barker

WATER 2

 Income

 Income

 Income

 Payments

January

                       9,854.87

          131.08

               300.00

        9,562.20

February

                          830.10

            12.10

March

453

47.35

April

                       9,894.69

              9.00

May

                          930.64

            12.80

9689.35

June

                          272.50

            27.25

July

                     16,524.50

            15.45

August

                       1,117.20

            46.93

15927.52

September

                          247.00

            18.70

October

                     19,295.10

            14.81

November

                       1,364.75

            41.40

18343.32

December

                          287.50

            33.65

                     61,071.85

          410.52

               300.00

      53,522.39

TOTAL

INCOME

                     61,782.37

COST

                     53,522.39

                       8,259.98

Dated

12/28/2015

 Supervisor Belson

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Councilman

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Councilman

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Councilman

 

 

 

 

 

 

RESOLVED the Town Board accepts the yearend report for Water 2 and Water 4

Beit further resolved a signed copy shall be attached to these minutes.

 

Offered by Councilman Whipple   who moved its adoption

Seconded by Councilman Bentley

Adopted. 4 ayes: 0 nays

 

 

 

 

 

 

RESOLUTION NO.104-12/15

 

RESOLUTION TO ACCEPT TOWN CLERK’S YEAR END REPORT FOR 2015

 

WHEREAS there will be no further business for the Clerk’s office this year and the Board has been presented with a yearend report from the Town Clerk for the year 2015, be it

 

RESOLVED the Town Board accepts the report as presented, be it further

 

RESOLVED a Copy of the signed report shall be attached to these minutes.

 

Offered by Councilman Whipple who moved its adoption

Seconded by Councilman Bentley

 

Adopted 4 ayes:0 nays

 

 

 

RESOLUTION NO.105-12/15

 

RESOLUTION AUTHORIZING NOTICE OF OPT-OUT OF RPTL. SECTION 487 TO THE DEPARTMENT OF TAXATION AND FINANCE AND THE PRESIDENT OF NYSERDA

 

WHERES, the Town of Yates adopted Local Law No. 1 of 2008. A Local Laww Governing Wind Energy Facilities in the Town Of Yates, opting out of RPTL 487(Section 591.41) of the Local Law and

 

WHEREAS, it does not appear Notice of the Local Law was given to the Commissioner of Taxation and Finance and the President of the New York State Energy research and development authority (NYSERDA) as is required by RPTL 487(8)(a)

 

NOW THEREFORE BE IT RESOLVED BY THE TOWN OF YATES TOWN BOARD as follows:

 

1.The Town Board of the Town of Yates hereby directs the special counsel for the Town, Hodgson Russ, LLP to file a copy of Local Law No. 1 of 2008, A LOCAL LAW GOVERNING WIND ENERGY FACILITIES IN THE TOWN OF YATES, opting out of RPTL 487, with the Commissioner of Taxation and the President of NYSERDA

 

2.This Resolution is effective immediately

 

 

Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Bentley

Adopted. 4 ayes0 nays

 

RESOLUTION NO.106-12/15

 

RESOLUTION TO RELEASE SURVEY RESULTS

 

Town of Yates Town Board

 Resolution Authorizing Release of Survey Results

And Issuing a Related Press Release

Regarding the Lighthouse Wind LLC Application for a Certificate of

Environmental Compatibility and Public Need

 

            WHEREAS,  Lighthouse Wind LLC has applied to the NYS Board on Electric Generation Siting and the Environment (the “Siting Board”)  for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the NY Public Service Law for a wind energy generating project (herein the “Project”) which would be located in part in the Town of Yates; and

            WHEREAS, the Town Board of the Town of Yates wishes to insure that the community has a full and active voice in the process and therefore the Town Board conducted a survey of all  registered voters and non-registered voters who own taxable property in the Town to determine the community’s views on the Project and determine any specific concerns; and

            WHEREAS, to insure the com munity’s values and opinions are fully known and considered, the Town Board wants the full survey and all results released to the public, the press, and submitted to the Siting Board

..

            NOW THEREFORE BE IT RESOLVED BY THE TOWN OF YATES TOWN BOARD as follows:

 

            1.  The Town Board of the Town of Yates hereby releases the attached survey and issues the attached Press Release regarding the same.

            2.  The Town Board calls upon the Siting Board, Orleans County IDA, and any other approving entity to fully consider the values and opinions of the community in the application review.

            3.The Town Board directs the special counsel for the Town, Hodgson Russ,  LLP, to file this Resolution, the survey results and the Press Release with the Siting Board and the Orleans County IDA.

            4.This Resolution is effective immediately.

 Offered by Councilman Bradley,who moved its adoption

Seconded by Councilman Bentley

Adopted 4 ayes; 0 nays

 

 

 

 

Town of Yates Town Board Releases Results of the

Survey on the Lighthouse Wind LLC Project

 

Yates, NY, December 28, 2015.  On December 28, 2015, the Town of Yates Town Board released results of a survey taken on the Lighthouse Wind LLC Project showing that more than 65% of survey respondents oppose the project.  Thirty percent of respondents are in favor, while approximately 4% have no opinion.  The survey also revealed the respondents' concerns over potential adverse environmental impacts from the project, including visual impacts.  The Town Board commissioned the survey to obtain the community's input, as part of its evaluation of local wind development. The Town Board firmly believes that Yates residents should decide the zoning, planning, and development goals of the community.  Since the Lighthouse Wind LLC Project has the potential to drastically change the character of the community for more than a generation, the community's voice on this dramatic change must be heard. 

The Yates survey was carefully constructed with assistance from Lighthouse Wind and Save Ontario Shores, a local citizen’s group, to ensure there was no bias in the process.  The Survey was mailed to all 2608 registered voters and non registered voters who own taxable property in the Town, and achieved a very high return of a public survey of 46.57%.  Unlike other local surveys, the process was designed to gauge overall opinions as well as address specific concerns in order to guide the New York State Board on Electric Generation Siting and the Environment (the “Siting Board”) as it reviews the Lighthouse Wind LLC Project Application.  Based on the survey, the Siting Board should especially consider within the review process, for example, possible effects on the operations at the Niagara Falls Air Reserve Station, impacts on wildlife, and the potential for Community Energy projects under recent Public Service Commission initiatives, whereby the local community could benefit from reduced energy costs, thereby matching project impacts with benefits.

Pursuant to Article 10 of the New York Public Service Law, the Siting Board has ultimate approval authority over the Lighthouse Wind LLC Project. Lighthouse Wind LLC has submitted an application to the Siting Board for a Certificate of Environmental Compatibility and Public Need to Construct the 201 MW Wind Energy Facility in the Towns of Yates and Somerset.  Lighthouse Wind LLC has recently filed a Preliminary Scoping Statement (“PSS”) on the Project, and public comment on the PSS is being accepted through January 12, 2016.  The Town Board is submitting comments that reflect the recent survey and other concerns.

The Siting Board must take the community's vision for its future into account.  One of the Guiding Principles of the 2015 NY State Energy Plan is Community Engagement.  Specifically in regard to the State’s ground-breaking “Reforming the Energy Vision” (REV) process, the State Plan commands that “communities and their trusted local leaders and stakeholders will serve as important communication and delivery channels to community

 

Councilman Bradley spoke on the survey and thanked the Lake Country Pennysaver, Shelly Harling, Cathie Hogan, Karen Breeze, Doug Hedges Russ Martino, Jan Nowak, Rita Wolfe, Darrel Oakes, and Brenda Donald for all the help with the surveys

 

There were 2608 surveys mailed out, 59 were undeliverable returns were 1,187 for a 46.57 return rate.

 

Councilman Bradley also spoke on his own behalf stating that he was disappointed with NYS Senator Rob Ortt,  and House of Representative Chris Collins for making statements not wanting the Lighthouse Wind with out ever contacting the Town of Yates.. I was also very upset with our Orleans County Legislatures for making a Resolution against Lighthouse Wind without contacting the Town. So much for Home Rule

 

Councilman Bentley felt the same way

 

 

RESOLUTION NO.107-12/15

 

Resolution Authorizing Submittal of Comments on the Preliminary Scoping Statement

For the Lighthouse Wind LLC Application for a Certificate of

Environmental Compatibility and Public Need

 

            WHEREAS,  Lighthouse Wind LLC has applied to the NYS Board on Electric Generation Siting and the Environment (the “Siting Board”)  for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the NY Public Service Law for a wind energy generating project (herein the “Project”) which would be located in part in the Town of Yates; and

            WHEREAS, Lighthouse Wind has submitted a Preliminary Statement Scoping (“PSS”) and the Town Board of the Town of Yates wishes to comment on the PSS   the motions submitted relative to the PSS.

..

            NOW THEREFORE BE IT RESOLVED BY THE TOWN OF YATES TOWN BOARD as follows:

 

            1.  The Town Board of the Town of Yates hereby directs the special counsel for the Town, Hodgson Russ,  LLP, to file this Resolution and the attached comments on the PSS, and comments on the Motion to Strike or resubmit  and authorizes the special counsel to participate in all proceedings relative to the PSS.

            2.This Resolution is effective immediately.

 

Offered by Councilman Bentley who moved its adoption

Seconded by Councilman Bradley

Adopted 4 ayes; 0 ayes

 

RESOLUTION NO.108-12/15

Town of Yates Town Board

Resolution Authorizing Retention of GHD Consulting Services Inc.

to Assist the Town in Reviewing the Lighthouse Wind LLC Application for a Certificate of

Environmental Compatibility and Public Need

 

            WHEREAS,  Lighthouse Wind LLC has applied to the NYS Board on Electric Generation Siting and the Environment (the “Siting Board”)  for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the NY Public Service Law for a wind energy generating project (herein the “Project”) which would be located in part in the Town of Yates; and

            WHEREAS, the Town Board of the Town of Yates wishes to insure that it retains appropriate experts to assist in the review of the Project; and

 

            WHEREAS GHD Consulting Services Inc.  has significant experience representing municipalities in similar projects.

.

            NOW THEREFORE BE IT RESOLVED BY THE TOWN OF YATES TOWN BOARD as follows:

 

            1.  The Town Board of the Town of Yates hereby retains GHD Consulting Services Inc.  as engineering consultant for the Town and to participate in any conferences or meetings related to the funding request held by the Siting Board.

            2.  the Town supervisor is authorized to sign the attached proposal GHD.

            3. This Resolution is effective immediately.

            Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Bentley

Adopted 4 ayes; 0 nays

 

RESOLUTION NO 109-12/15

 

Town of Yates Town Board

 Resolution Authorizing Submittal of Funding Request

Application of Lighthouse Wind LLC for a Certificate of

Environmental Compatibility and Public Need

 

            WHEREAS,  Lighthouse Wind LLC has applied to the NYS Board on Electric Generation Siting and the Environment (the “Siting Board”)  for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the NY Public Service Law for a wind energy generating project (herein the “Project”) which would be located in part in the Town of Yates; and

            WHEREAS, the Town Board of the Town of Yates wishes to insure that adequate funding is available for review by the Town’s consultants and to insure that the Town’s interests are fully considered in the review process; and

            WHEREAS, Lighthouse Wind has deposited funds with the Siting Board for use by the Town and other intervenors and the Town wishes to apply for a share of those funds.

 

            NOW THEREFORE BE IT RESOLVED BY THE TOWN OF YATES TOWN BOARD as follows:

 

            1.  The Town Board of the Town of Yates hereby authorizes the special counsel for the Town, Hodgson Russ LLP, to submit the attached request for intervenor funds to the Siting Board, and to participate in any conferences or meetings related to the funding request held by the Siting Board.

            2. This Resolution is effective immediately.

Offered by Councilman Bentley who moved its adoption

Seconded by Councilman Bradley

Adopted 4 ayes; 0 nays

*      

*     December 21, 2015 Reference No. 11033702

*     John Belson, Supervisor

Town of Yates

Post Office Box 474

Lyndonville, New York 14098

Dear Mr. Belson:

Re: Professional Engineering Services Proposal

Town of Yates, New York

Lighthouse Wind Project

GHD Consulting Services Inc. (GHD) is pleased to submit this proposal to the Town of Yates to

provide professional engineering and environmental support services related to the proposed

development of an approximately 200 MW wind-powered electric generating station known as the

Lighthouse Wind Project (Project). The Project developer is Apex Clean Energy of Charlottesville,

Virginia.

Beginning in 2007, GHD has provided similar technical support to a large number of towns in New

York State, and has a highly experienced staff of engineers and scientists in its Buffalo office who are

very familiar with the engineering and environmental issues associated with wind energy projects.

GHD is currently providing technical services to the Town of Arkwright related to the Arkwright Summit

wind energy project.

Since the exact scope of work cannot be determined at this time, GHD proposes to offer our services

on a time and materials basis in accordance with the attached 2015/2016 USA Fee Schedule plus

expenses reimbursed at cost.

Should this proposal meet with your approval, please sign the attached Standard Terms for

Professional Services and return a copy to us for our files.

11033702-Belson-1 2

Thank you for the opportunity to submit this proposal. If you have any questions or require additional

information, please call me at 716.856.2142.

Sincerely,

GHD Consulting Services Inc.

Robert G. Adams, PE

Senior Project Manager

RGA/las/1

Attachments

cc: Daniel Spitzer, Esq. – Hodgson Russ LLC

 

RESOLUTION TO PAY BILLS

 

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

 

RESOLVED to pay bills as per abstract

 

 

A-Account                                14,915.79

B-Accounts                                    386.46

DA-Accounts  Highway             7,691.42

DB-Accounts  Highway               6,107.16

Water 4                                       4,415.57

Water 2                        

Youth-                                          

 

 TOTAL     33,516.40

 

Offered by Councilman  Bentley, who moved its adoption

Seconded by Councilman Whipple

Adopted  4 ayes; 0 nays 

 

 

Adjournment

 

Moved by Councilman Whipple, Whereas there is no new business to be brought before the Board that the meeting be adjourned at 10:35

Seconded by Councilman Bentley

Adopted 4 ayes; 0 nays   

 

 

Town of Yates

 

 

 

Brenda Donald

Town Clerk