TOWN OF YATES

PUBLIC HEARING AND

REGULAR MEETING

APRIL 9, 2015

 

The Public Hearing on the Special Permit for a Met Tower on Property of Donna Bane 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

                                                 Wes Bradley, Councilman

                                                 Steve Freeman-Councilman

                                                 Jim Whipple-Councilman

                                                 Brenda Donald-Town Clerk 

                                                 Michele Harling-Assessor

                                                 Dan Wolfe-Code and Zoning

                                                 Andrew Meier-Attorney

 

 

 The Public Hearing was officially transcribed by a stenographer and will be placed in the  official minutes on completion in this area along with a list of persons present.

 

Notice of Public Hearing on Special Use permit was posted in the Batavia Newspaper on April 2, 2015

There were letters received as follows:

 

1-      Anne Smith

11081 Lakeshore Road

 Lyndonville, NY

I am here tonight to voice my opposition to erecta met tower on Donna Bane’s property. I am opposed to the erection of a met tower anywhere in the Town of Yates You have repeatly told us that the wind turbines project is out of your hands. Well this vote to place a met tower in the town is in your hands. Please vote no.

2-      Pam Shirback

Lowerlake Road Pratt Lane

Lyndonville, NY

I am here to give my opinion regarding the turbine farms,the met tower on Donna Bane’s land. I am 100% against the met tower. We have not enough info on what  this met tower is measuring how high,etc. I want no tower erected in the Town of Yates.  We have been given to believe that the Town Board has no input in whether this permit is given Please stand up for you constituents Vote No.

3-      Tanis C. Bolick

11064 Pratt Lane

Lyndonville, NY

I am adamantly opposed to the installation of a met tower until such time as APEX & this Board are more forthcoming about the intention of the information collected from this tower is given to the public.

 

   4-Cynthia Hellert

      11061 Pratt Lane

      Lyndonville, NY

      I am opposed to the issuance of a Special Use Permit for the erection of a met tower

anywhere in the Town of Yates.  I am not convinced that this Yown Board has adequately

studied the negative impact of an Industrial Wind Farm.  This permit should therefore be

denied until all data is presented to the public.

 

 

  5-Judy Breed,Tamara Breed, Nadia Wiltry,IoneBissonnette

10665 West Lake Road

Lyndonville, NY

 

My name is Judy Breed. I represent myself and family who own a seasonal-use cottage at 10665 Lakeshore Rd.  We are aware of the Banes/APEX special use permit application.  We are opposed to the permit application and to the erection of a MET Tower anywhere in the Town of Yates.

 

 

  6-Shelley Reid Salmons

     11367 Wescott Lane

Lyndonville,NY full-time resident

 

opposed  planned to retire here Please table your vote until you are educated on this issue.                      Review the lease to the farmers.

 

7- Donna R. Bane

1167 Marshall Road

Lyndonville, NY

 

Mike Heschke is attending this public hearing as I have another commitment.  He and my children have talked abut the wind project many times and he knows my wishes.

I have signed an application for the Met Tower and I am well aware that this is a tower constructed to do various testing for approximately 2 years.  Many people have stated why they don’t want the wind turbines to go up.  I heard the remark they do not even want a test tower in our town or anywhere in Orleans County.  There will be multiple testing going on and I for one would like some answers to all the “what if” questions.  These questions cannot be answered without testing.  Having been a permanent resident of this town and paid taxes for 49 years, it is my right to go forward with this project.  I urge the Town Board to approve the application to put a test tower on my property.

 

 

RESOLUTION NO.44-4/15

 

RESOLUTION TO CLOSE PUBLIC HEARING ON SPECIAL USE PERMIT FOR A MET TOWER.

 

WHEREAS, all persons requesting to be heard wer allowed to speak and letters were received by the Town Board and placed in these minutes, be it

 

RESOLVED, the Public Hearing on the Special Use permit for a met Tower be closed at 7:25 P.M.

 

Offered by Councilman Wes Bradley who moved its adoption.

Seconded by Councilman Freeman

 

Adopted 4 ayes: 0 nays; 1 absent (Bentley)

 

Regular meeting opened at 7:25 P.M.

 

RESOLUTION NO. 45-4/15

 

RESOLUTION TO APPROVE MINUTES

 

RESOLVED , to approve the minutes of the March 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 Bentley) 1 abstain (Bradley)

 

RESOLUTION NO.46-4/15

 

Whereas, the Real Property Office in Albion has let the Town of Yates now that Ann Marie Hollands term on the Assessment review Board needs to be renewed, be it

 

RESOLVED, that Ann Marie Holland be appointed to the Board of Assessment review for a term of five years  retroactive from October 1, 2014 thru September 30,2019.

 

Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Whipple

Adopted 4 ayes; 0 nays 1 absent (Bentley)

 

 

RESOLUTION NO.47-4/15

 

RESOLUTION  IN SUPPORT OF ORLEANS COUNTY RESOLUTIONS NUMBER 98,107 and 120

 

WHEREAS Orleans County has requested the Town of Yates support   3 Resolutions as follows:

 

COUNTY RESOLUTION NO. 98-315

 

RESOLUTION OF THE ORLEANS COUNTY LEGISLATURE PETITIONING GOVERNOR CUOMO AND THE STATE LEGISLATURE TO DELAY PROPOSED LEGISLATION WHICH WOULD MOVE THE STAR EXEMPTION FROM A REAL PROPERTY TAX EXEMPTION TO A PERSONAL INCOME TAX CREDIT

 

WHEREAS, included in the 2015/2016 New York State Budget is a proposal to convert the STAR real property tax exemption to a Personal Income Tax (PIT) credit; and

 

WHEREAS, this transition is supported by both the New York State Assessors Association and the New York State Association of County Directors of Real Property Tax Services as New York State is better equipped to ensure the accuracy of this exemption; and

 

WHEREAS, this transition to a PIT credit would start with any STAR exemption that was granted for property owners that were not eligible as of March 3, 2014; and

 

WHEREAS, this transition would result in much confusion to the local property owner who has been under the assumption that they would be eligible for the exemption since they applied with their local Assessor; and

 

WHEREAS, when additional confusion is added to an already complicated property tax system taxpayers become more frustrated with the whole tax system; and

 

WHEREAS, this transition will require the Assessors’ offices in Orleans County to send out approximately 276 denial letters for this exemption which will increase the amount of phone calls, letters, and foot traffic to explain why the denial has to occur when an approval was already sent out; and

 

WHEREAS, this transition will result in either a shortage in their escrow account which would then have to be made up in double for the next escrow payment year or their anticipated tax bill will be approximately $600 more with Basic STAR and $1,400 more with Enhanced STAR than they budgeted on their own; and

 

WHEREAS, this additional tax amount might disqualify potential buyers of real property as it will put them over the 43% Debt to Income ratio established in the provisions of DODD FRANK that became effective January 2014; now therefore be it

 

RESOLVED, that the Orleans County Legislature on recommendation of the Finance Committee petitions New York State to delay this transition to any STAR exemption that was granted after the 2015 Assessment Roll to more adequately inform the public of this important change in their taxes; and be it

 

FURTHER RESOLVED, that the Clerk of this Board shall forward copies of this resolution to Governor Andrew M. Cuomo, New York State Senator Robert Ortt, New York State Assemblyman Stephen Hawley, Assemblywoman Jane Corwin,  New York State Association of Counties, and all others deemed necessary and proper.

 

 

COUNTY RESOLUTION NO.  107-315

 

OPPOSING NEW STATE’S PLAN TO CLOSE SKILL DEVELOPMENT CENTERS AND WORK CENTERS

 

            WHEREAS, this Legislature believes that  people have the right to participate in their community to their full ability; that people have the right to a supportive network of friends and advocates and that people have the responsibility to care for themselves and their neighbors in a safe, holistic, healthy community; and

 

            WHEREAS people with intellectual and other developmental disabilities currently receive funding for employment in sheltered workshops also know as skill development centers.  This means that a student transitioning out of high school with a disability are able to pursue employment and a paycheck in this vocational setting upon graduation; and

 

WHEREAS, the Orleans Enterprises (OE) workshop at 215 Washington Street opened in 1981 providing employment to hundreds of individuals leading with a mission to promote community inclusion through community based supported employment; and

 

            WHEREAS, new vocational service recipients start in sheltered, many were found through vocational evaluation funded by VESID (Vocational and Education Services for Individuals with Disabilities a branch of State Ed now known as ACCESS-VR) to be appropriate for community based employment.  Some individuals have chosen to stay in sheltered work, which is the right of every American to choose where they want to work and they are provided support and information to choose other options on a regular basis through case reviews; and

 

            WHEREAS, the State’s plan to close vocational workshops like the one operated by the ARC of Orleans will force those employed now to either stay home or participate in a Day Care program, thus removing the dignity associated with employment and taking away a vital step to community based employment; and

 

            WHEREAS, The U.S. Supreme Court’s decision in Olmstead v. L.C. recognized the right of the individual with developmental disabilities who are currently in a sheltered workshop to remain in that setting if they wish to do so; now be it

 

            RESOLVED, that the Orleans County Legislature does hereby oppose the New York State’s plan to close SKILL DEVELOPMENT CENTERS AND WORK CENTERS, thus removing this important step towards Community Based supported employment; and be it

 

            FURTHER RESOLVED, that the Orleans County Legislature is requesting this plan to close the Center Based workshops to be rescinded and allow the funding of these Work Centers to continue allowing them to stay open and continue giving those working there the self-advocacy of choosing where they want to work; and be it

 

            FURTHER RESOLVED, that certified copies of this Resolution be forwarded to Governor Cuomo, Lieutenant Governor Kathy Hochul, Senator Robert Ortt, Assemblyman Stephen Hawley, Assemblywoman Jane Corwin, New York State Association of Counties, Inter-County of Western New York, all Orleans County Towns and Villages, ARC of Orleans County, NYSARC, OPWDD and all others deemed necessary and proper.

 

 

 

 

COUNTY RESOLUTION NO. 120-315

 

SUPPORTING THE NEW YORK STATE COUNTY HIGHWAY SUPERINTENDENT'S ASSOCIATION’S IDENTIFIED NEED TO IMMEDIATELY FUND HIGHWAY AND BRIDGE FUNDING

 

            WHEREAS, Governor Cuomo calls for a direct linkage between tourism, agriculture, and marketing the Upstate New York region as a whole in order to foster economic development; and

 

            WHEREAS, Upstate New York relies solely upon safe and secure roads and bridges to move products to markets, produce food and fiber, and to receive tourists; and

 

WHEREAS, the lack of state and federal aid has impacted both the New York State Department of Transportation and local municipalities abilities to maintain and replace infrastructure, and

 

            WHEREAS, aging bridges have been flagged, load posted, or restricted due to lack of funding; and

 

            WHEREAS, such restrictions on the state highway system have had an impact on the delivery of agricultural products and good movements in general; and

 

WHEREAS, impacts have been realized in the form of ticketed vehicles or added time to deliver goods on long detours on local roads not intended for such heavy vehicles; and

 

WHEREAS, a significant investment has been made by the Governor's Office to support the expansion of agricultural products such as yogurt, barley, and wine as the hallmark of economic recovery in Upstate New York; and

 

WHEREAS, stagnant highway and bridge funding at the state level, especially for rural counties, has a significant impact on the Governor's plans for recovery and threatens the investment made in agriculture; and

 

WHEREAS, federal highway and bridge funding available for use by counties in New York has been reduced significant by the emphasis placed on interstate highways under the Moving Ahead for Progress in the 21st Century (MAP-21) Act and further impacted by the New York State Department of Transportation decision to allocate available federal construction funding towards the preservation of the state highway and bridge system; now, therefore be it

 

RESOLVED, that the Orleans County Legislature does hereby request that the Governor and the State Legislature immediately fund highway and bridges as to meet the needs identified by the New York State County Highway Superintendent's Association which calls for $615 million in annual CHIPs funding and a $500 million local road and bridge program funded over 5 years with funds to be distributed through the CHIPS formula; and be it

 

FURTHER RESOLVED, that the Orleans County Legislature does hereby request that Senator Schumer, Senator Gillibrand, and Congressman Collins work toward repairing the Dedicated Highway and Bridge Trust Fund and amending MAP-21 or its reauthorization to allow for more concentration of funding on Off-System Bridges rather than interstate maintenance; and  be it

 

 

FURTHER RESOLVED, that copies of this resolution be sent to Senators Schumer and Gillibrand, Congressman Collins, Governor Cuomo, State Senator Ortt, Assemblyman Hawley, Assemblyman Corwin, NYSAC, Intercounty of WNY, NY Agriculture Society, and all Town and Village Highway/Public Works Superintendents.

 

 

 

BE IT RESOLVED the Town of Yates Town Board supports all of these County resolutions.

 

Offered by Councilman Whipple who moved its adoption.

Seconded by Councilman Bradley

Adopted 4 ayes; 0 nays;1 absent (Bentley)

 

 

 

 

RESOLUTION NO.48-4/15

 

LYNDONVILLE YOUTH BASEBALL DONATION

 

 

WHERES the Lyndonville baseball youth league has requested a donation for the league, and there is money in the youth program for this purpose be it

 

RESOLVED, the Town of Yates shall pay $500.00 for the Lyndonville youth baseball league.

 

Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Freeman

 

Adopted 4 ayes; 0 nays; 1 absent (Bentley)

 

Report of Town Officers

 

Michele Harling Assessor will be attending schooling in Batavia on April 16th

 

Dan Wolfe: Fire inspections and open building permits being done

 

Councilman Bradley- Legislature has been working to open a e-waste shed in the county , Hoping for June or July

 

John Belson supervisor- Received letter from school commending the Highway on keeping the roads cleared this winter.

 

Councilman Freeman- have found a way to post  draft minutes

 

RESOLUTION NO. 49-4/15

 

RESOLUTION TO PAY BILLS

 

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

 

RESOLVED to pay bills as follows:

 

A-Account                              23,579.30                                                            

B-Accounts                              1,394.58   

DA-Accounts  Highway       12,585.70    

DB-Accounts  Highway           4,947.38                     

Water   4                                    3,718.69                 

Fire                               

 TOTAL                                 46,225.65

 

Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Whipple

 

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

 

 

 

Adjournment

 

Moved by Councilman  Bradley  , Whereas there is no new business to be brought before the Board that the meeting be adjourned at  7:40.M.

Seconded by Councilman  Whipple

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

 

 

 

Town of Yates

 

Brenda B. Donald

Town Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOWN OF YATES

WORKSHOP MEETING

MAY 11,2015

 

Supervisor called the meeting to order at 3:30 P.m. at the Yates Town Hall 8 South main Street, Lyndonville,NY

 

Those Present :    John Belson Supervisor

                             Bradley Bentley, Councilman

                             Wes Bradley, Councilman

                             Steve Freeman, Councilman

                             Jim Whipple, Councilman

                             Andrew Meier, Attorney

                             Brenda Donald, Clerk

                             Glenn Maid, Property Owner

Richard Pucher, Resident

 

Motion made by Councilman Bentley to convene an executive session to confer with counsel regarding proposed, pending or current litigation.  Seconded by Councilman Bradley.  Voted 5;ayes 0 nays

 

Motion at 4:30pm by Councilman Freeman to return to open session.Seconded by Councilman Bradley.Voted 5 ayes, 0 nays.

 

Moved by Councilman Whipple to adjourn at 4:30 P.M.

Seconded by Councilman Freeman Vote 5 ayes:0 nays

 

 

 

 

 Brenda B. Donald

 

Town Clerk

Town of Yates