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
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