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.
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 |
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WATER 4 |
Income |
Income |
and hydrant fees |
payments |
Payments |
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January |
12,125.19 |
95.68 |
2,276.93 |
194.58 |
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February |
5,697.34 |
177.42 |
181.90 |
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March |
1,917.92 |
165.95 |
110.00 |
14,568.40 |
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April |
16,727.56 |
30.30 |
2,885.40 |
152.28 |
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May |
4,271.28 |
190.07 |
3,050.00 |
|||
June |
1,768.17 |
164.39 |
700.00 |
20,163.50 |
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July |
13,762.53 |
18.10 |
2,900.00 |
234.60 |
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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 |
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December |
1,386.10 |
121.31 |
20090 |
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TOTAL |
100,874.61 |
1,890.36 |
17,484.23 |
81,796.40 |
1,413.36 |
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TOTAL INCOME |
120,249.20 |
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COST |
83,209.76 |
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37,039.44 |
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Dated |
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12/28/2015 |
Supervisor Belson |
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Councilman Whipple |
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Councilman Bentley |
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Councilman Bradley |
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2015 |
Metered Water |
Penalty |
FEES |
Barker |
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WATER 2 |
Income |
Income |
Income |
Payments |
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January |
9,854.87 |
131.08 |
300.00 |
9,562.20 |
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February |
830.10 |
12.10 |
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March |
453 |
47.35 |
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April |
9,894.69 |
9.00 |
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May |
930.64 |
12.80 |
9689.35 |
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June |
272.50 |
27.25 |
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July |
16,524.50 |
15.45 |
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August |
1,117.20 |
46.93 |
15927.52 |
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September |
247.00 |
18.70 |
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October |
19,295.10 |
14.81 |
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November |
1,364.75 |
41.40 |
18343.32 |
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December |
287.50 |
33.65 |
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61,071.85 |
410.52 |
300.00 |
53,522.39 |
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TOTAL |
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INCOME |
61,782.37 |
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COST |
53,522.39 |
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8,259.98 |
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Dated |
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12/28/2015 |
Supervisor Belson |
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Councilman |
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Councilman |
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Councilman |
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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