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