DRAFT MINUTES OF JUNETOWN OF YATES
REGULAR MEETING
JUNE 11 2015
The meeting 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
Bradley Bentley,Councilman
Jim Whipple-Councilman
Brenda Donald-Town Clerk
Daniel Wolfe-Code and Zoning
Andrew Meier-Attorney
OTHERS: Larry Wolfe
Deborah Arlington
Thomas Arlington
Edith Rupe
Bob Rupe
Richard Pucher
Taylor Quarles
Bill Crafts
Mary Crafts
Peg Schwald
Dan Lewicki
Jim Krenick
Steve Kenyon
William Jurinich
Doug Pratt
Valerie Pratt
Phill Zimmerman
Floyd Kramer
Walt Smiley
Anne Smiley
Sharon Markel
Jeff Skinner
Brad Erck
Kate Krenner
Kathy Evans
Chris Crafts
Susan Dudley
Richard Sanderson
Sue Sanderson
Kathleen Punch
Vicky Shingleton
Paul Lauricella Jr.
John Champlin
Barb Champlin
Robert Williams
Donna Riggi
Jim Simon
Paula Simon
Donna Bane
Richard Hellert
E. John DeFilipps
Richard Hellert
Cynthia Hellert
Paul Mullane
Floyd Kramer
Frank McGorray
Ann Smith
Jim Bansbach
Dan Fitzgerald
Dick Fisk
Linda Fisk
Georgette Stockman
Privilage of the floor:
Richard Pucher-read his concerns on about the wind energy
Debbie Arlington –read and presented concerns
Dawn Riggi brought a visual what the turbine would look like against a 2 story home (30 ft) House
Mike Basil reported his feeling on Wind Turbines
Valerie Pratt- 4 generations against wind turbines
Kate Krenner request reviewing wind turbines
Jim Simon against Met Tower needs committee to explore
Tom Arlington asked if Fire Company could take care if there was a fire?
Robert Williams owns runway could be a navigation hazard
Faith Basil – Town needs to table decision
Donna Bane- commented on pros and cons of Met Tower commented that Building Permit application meets Zoning
Taylor Quarles -Apex
1st of 5 stages of Article 10
Tower study for wind and wildlife all data received will be presented to the public.
William Jurinich-If we shut the door what will other companies think
RESOLUTION NO.57-6/15
RESOLUTION TO APPROVE MINUTES
RESOLVED , to approve the minutes of the May 14, 2015 regular meeting as presented to each Board member.
Offered by Councilman Bentley, who moved its adoption
Seconded by Councilman Bradley
Adopted. 4 ayes; 0 nays;
RESOLUTION NO.58-6/15
RESOLUTION TO SUPPORT ORPTS
FOR 2016 REASSESSMENT
RESOLVED, that the Town of
Yates hereby supports New York State ORPTS to proceed with reassessment for 2016
Offered by Councilman Bradley
who moved its adoption
Seconded by Councilman
Whipple
Adopted, 4 ayes 0 nays
RESOLUTION NO.59-6/15
RESOLUTION ON SPECIAL USE PERMIT FOR MET TOWER
Resolution on the Application of APEX Clean Energy, Inc. for
a Special Use Permit for a MET Tower in the Town of Yates
WHEREAS, the Town Board of the Town of Yates has received an application from APEX Clean Energy, Inc (“APEX”) for a 60 meter tall Wind Measurement Tower pursuant to Section 591.21 of the Town Zoning Regulations on Tax Parcel 2-1-40, located SW of the intersection of Marshall Road and West Lakeshore Road; and
WHEREAS the Town Board has reviewed the application, including the Short Form Environmental Assessment Form submitted with the Application pursuant to the State Environmental Quality Review Act (“SEQRA”); and
WHEREAS the Town Board has received input from the public, including comments received at a duly noticed public hearing and written comments; and
WHEREAS, the Town Board required APEX to address questions raised by the public, and based on public input required that APEX amend its Decommissioning Plan and received written confirmation that APEX is in compliance with and will continue to comply with the Attorney General’s Wind Code of Conduct; and
WHEREAS, the Application was referred to the County Planning Board which recommended approval with conditions.
NOW THEREFORE BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF YATES AS FOLLOWS:
1. The proposed Wind Measurement Tower is determined to be a
Type II Action under SEQRA. Under 6
N.Y.C.R.R. §617.5(18) “information
collection including basic data collection and research, water quality and
pollution studies, traffic counts, engineering studies, surveys, subsurface
investigations and soils studies that do not commit the agency to undertake,
fund or approve any Type I or Unlisted action” is a Type II action. The purpose of the MET tower is to gather
information needed for the design of the Lighthouse Windfarm, and to collect
data on bat populations in the area.
Approval of the MET tower cannot commit the Town to approve a Type I
action – specifically here, the Lighthouse Windfarm – because under Article 10
of the Public Service Law only the State Siting Board has approval authority
over the Windfarm. Also indicative of
the preliminary nature of the MET tower is that Article 10 requires the MET
tower data as part of the Article 10 application (16 NYCRR 1001.16(d)). The DEC SEQRA Handbook provides as an example
of a Type II actions under subparagraph 18 “meteorological towers to gather
atmospheric data.”Nor is this segmented review because Article 10 establishes
its own environmental review process and exempts large-scale windfarms from
SEQRA.
2. The
APEX Special Use Permit Application is approved for a period of two years with
the conditions recommended by the County Planning Board, specifically, that the
tower shall have nighttime lighting and full tower paint in accordance with FAA
standards. The Code Enforcement Officer
may issue the permit upon the posting of the Decommissioning Plan Security.
3. This Resolution is effective immediately.
Offered by Councilman Bradley who moved its adoption
Seconded by Councilman Bentley
Adopted 3 ayes 1 nay
PASSED
AND ADOPTED BY THE TOWN BOARD OF THE TOWN OF YATES on the 11th of
June, 2015..
John Belson: aye Brad Bentley:
aye
Wesley
Bradley: aye James Whipple: nay
RESOLUTION NO. 60-6/15
RESOLUTION TO APPROVE AMENDMENT B TO THE
2015/16 SNOW AND ICE CONTRACT EXTENSION
WHEREAS the State of New York
Transportation has notified the Town of Yates of Amendment B as follows:
AMENDMENT B
Contract # |
Muncipality |
Current Ext |
Region # |
|
|
Season |
|
D009747 |
Town Of Yates |
2014/15 |
4 |
|
Orleans County |
|
|
Beginning Contract Period |
7/1/1994 |
Ending Contract period |
6/30/2015 |
AMENDMENT TO CHANGE THE ESTIMATED EXPENDITURE FOR SNOW AND ICE AGREEMENT
Due to the severity of the winter during 2014/15 the MUNICIPALITY requests that the Municipal Snow and Ice Agreement estimated expenditures be revised to reflect the additional lane miles of state roads that were plowed/treated during the winter season. All the terms and conditions of the original contract extension remains in effect except as follows:
ADDITIONAL S & I OPERATIONS
J-Mile Base |
14/15 J-Miles |
S & I LM Base |
14/15 LM |
Pay Factor 1 |
Original Est Exp |
163,017 |
221,630 |
494 |
517 |
1,299 |
116,110.08 |
Pay Factor 1=(1415 J-miles/(14/15
LM) (J-Mile Base/S & I LM Base)
Fixed Cost 2 |
Adjusted Estimated Expenditure 3 |
Index Adjustment 4 |
1,257.77 |
114,852.31 |
34,340.84 |
Fixed Cost 2=Salt Storage (Barns), Snow Fence
Adjusted Est. Expenditure 3= Original Estimated
Expenditures- Fixed Cost 2
Index Adjustment 4 = (Adjusted Estimated Expenditures3
*Pay Factor 1)-Adjusted Est. Expenditure
TOTAL REVISED ESTIMATED EXPENDITURE
Original Estimated Expenditure |
Index Adjustment 4 |
Revised Estimated Expenditure 5 |
116,110 |
34,341 |
150,450.92 |
Revised Estimated Expenditure 5 = Original Estimated
Expenditure + Index Adjustments4
BE IT RESOLVED, the
Supervisor is authorized to sign the Admendment as
presented to the Town of Yates
Offered by Councilman Whipple
who moved its adoption.
Seconded by Councilman
Bentley
Adopted 4 ayes; 0 nays
RESOLUTION NO.61-6/15
RESOLUTION ON PUBLIC
INVOLVEMENT FOR APEX CLEAN ENERGY
WHEREAS, Apex Clean
Energy has submitted a Public Involvement Plan to the Public Service Commission
for a potential Wind Energy Project in the Towns of Somerset and Yates; and
WHEREAS, following the
Public Involvement Plan period, Apex Clean Energy may submit a Preliminary
Scoping Statement prior to its full Application; and
WHEREAS, this Town Board
believes strongly that concerned residents and the general public deserve a
fair and reasonable period of time to offer comments, scientific research and
points of view on such significant major electric generating facility projects
throughout the entire process; and
WHEREAS, Section
1000.5(g) of the Regulations Implementing Article 10 of the Public Service Law as enacted by Chapter 388, Section 12, of the Laws of 2011
states that “within 21 days after the filing of the preliminary scoping
statement, any person, agency or municipality may submit comments on the
preliminary scoping statement by serving such comments on the applicant and
filing a copy with the Secretary (and) within 21 days after the closing of the
comment period, the applicant shall prepare a summary of the material comments
and its reply thereto…”; and
WHEREAS, the Preliminary
Scoping Statement is the first glimpse that the residents and general public
will have regarding the specific description of the proposed project and the
environmental and health impacts that they must consider among other things;
and
WHEREAS, this Town Board
strongly believes that a 21 day comment period following the filing of the
preliminary scoping statement is completely and utterly an unreasonable and
unfair period of time for concerned residents and the general public to
properly digest such a voluminous and highly technical document and to then
properly offer comments to said statement; and
WHEREAS, this Town Board
strongly believes that this 21 day comment period is unfair to all residents of
the State of New York and this said comment period should be extended for all
Article 10 Proposed Siting Projects being considered in the State of New York,
not just the Lighthouse Wind Energy Project if a preliminary scoping statement
is presented affecting the Towns of Somerset and Yates;
NOW THEREFORE BE
IT RESOLVED, that in the event a preliminary scoping statement is filed for the
Lighthouse Wind Project in the Towns of Somerset and Yates, this Town Board of
the Town of Yates demands the Department of Public Service and its New York
State Board on Electric Generation Siting and the Environment extend the
current 21 day comment period at minimum to a 90 day comment period following
the filing of the preliminary scoping statement; and be it further
RESOLVED, that this Town
Board of the Town of Yates urges the Department of Public Service and its New
York State Board on Electric Generation Siting and the Environment extend the
current 21 day comment period at minimum to a 90 day comment following the
filing of the preliminary scoping statement for all Article 10 Proposed Siting
Projects in the State of New York; and be it further
RESOLVED, that certified
copies of this resolution be mailed by the Town Clerk to Governor Andrew M.
Cuomo, New York State Senator Robert G. Ortt, New
York State Assemblywoman Jane Corwin, New York State Assemblyman Stephen
Hawley, the Chair of the NYS Department of Public Service (DPS), the
Commissioner of the NYS Department of Environmental Conservation (DEC), the
Commissioner of the NYS Department of Health (DOH), the Chair of the New York
State Energy Research and Development Authority (NYSERDA) and the Commissioner
of NYS Economic Development (Empire State Development); and be it further
RESOLVED, that the Town of
Yates Town Board directs the Town Clerk to provide a certified copy of this
resolution to the Town of Somerset Town Board for its information and review.
Offered by Councilman Bentley who moved its adoption.
Seconded by Councilman Whipple.
Adopted 4 ayes; 0 nays
Report of Town Officers
Dan Wolfe—will be doing
property maintenance
Councilman Bradley as of 6/1/15
the E-waste shed is open, Thank you to the County for funding this.
Supervisor Belson Ambulance
contract will be re-written
Town Clerk- a couple of water customers have not paid bills in the last 60
days
RESOLUTION NO. 62-6/15
RESOLUTION TO ALLOW WATER
SHUT-OFF
WHEREAS, there a few water
customers that have not paid the water bill in more than 60 days and
WHEREAS our water regulations
state that if water billing is 60 days past due the water can be shut-off and
the bill plus a fifty dollar fee must be paid be fore
water is turned back on,
BE IT RESOLVED that notices be
posted on the residence with overdue water bills and water be shut offif not paid.
Offered by Councilman Bradley,
who moved its adoption
Seconded by Councilman Bentley
Adopted 4 ayes; 0 nays
RESOLUTION NO. 63-6/15
RESOLUTION TO PAY
BILLS
WHEREAS, bills have been reviewed by the Town Board, be it
RESOLVED to pay bills as follows:
A-Account 26,762.18
B-Accounts 4,480.37
DA-Accounts Highway – 5,350.30
DB-Accounts Highway 9,289.55
Water 4
30,166.06
Water2 0
TOTAL 76,048.46
Offered by Councilman
Whipple who moved its adoption.
Seconded
by Councilman Bentley.
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 8:08 P.M.
Seconded by Councilman Bradley
Adopted.4 ayes: 0 nays;
Town of Yates
Brenda B. Donald
Town Clerk