The Town Board of the Town of Clayton held a Special Meeting at the Village Municipal Building with the following present:

 Robert W. Cantwell Jr., George Kittle, Justin Taylor, Donald Turcotte, Bonnie Rose, Kathy LaClair, Jeff Baker (Atty.-PPM), Jenny Burke (PPM), Robert Wingerath, Pat Patchen, William Moore (PPM, Charles K. Harwood, Paul E. Heckmann, Henry LaClair, ZEO, Bud Baril, Sharie Derrickson (TI Sun), Todd R. Hopper, Shawn Briggs, Frank  Giaquinto, Dan Murdie (PPM), Waring Blackburn, Scott McDonald (PPM), Neil Habig (PPM), Kelly Vadney (WDT)

Joseph Russell (Town Atty.)(5:15 PM)

Supervisor Cantwell opened the regular meeting at 5:00 PM.

Supervisor Cantwell stated the purpose for this meeting is for the Town Board to review a draft Local Law, which has been produced by Atty. Russell.  This is not a public hearing, only a work session for the Town Board.  Interested parties can listen.  Any meeting has a public session and if anyone wants to make a statement during that time they may do so.

Supervisor Cantwell indicated that this board needs to get a document in a reasonable form in order to set a public hearing.  The Town currently is in a six (6) month Moratorium that will end on or about 1/10/07 or 1/15/07.

Atty. Russell stated that he had drafted a one (1) page proposed amendment to the Town Ordinance and it would refer to Local Law #1 of 2007 covering Wind Turbines.

Atty. Russell stated that in fact he had two (2) documents:  (1) being an Amendment to the Zoning Ordinance that establishes an area that is appropriate to place wind turbines; and (2) a local law that establishes an overlay district for Wind turbines.

Atty. Russell redistributed to Town Board members the Amendment with a boundary correction for a parallel line running 2000’ North of Co.Rt.12, the Over Bluff Road.

Atty. Russell reviewed with the Board the draft Local Law noting numerous changes in the second draft from the first draft.

Discussion concerning price per megawatt hour; The feeling from Mr. Heckmann, Chairman of the Wind Turbine Committee is that lots of expenses may be incurred and therefore the zoning application fee per megawatt should be adjusted upwards.

Atty. Baker stated that appropriate coverage for costs associated with the application process will be covered with an escrow agreement.

ZEO LaClair stated that if we go by the current building construction fee schedule, a Wind Turbine Company would only pay $30 as measured by the square footage of the base.

Supervisor Cantwell asked Atty. Russell to get a determination from Lowville, Harrisburg & Martinsburg as to what their zoning application fees were.

Atty. Russell state he had no problem with the Town Board moving forward on the Local Law process with this portion up in the air at this time.

Discussion followed on procedure to move forward.  When County Planning reviews, they have to respond or thirty (30) days has to lapse before you move forward.  Co. Planning will next meet on 12/26/06.  SEQRA for adoption can be completed the night of the public hearing.  When the applicant makes application, another SEQRA needs to be done.

Public Comments:

            Paul Heckmann:  Are any minimum qualifications needed?  Do we have adequate problem solving in this document? (i.e.: to loud- turn off- do we have the flexibility to ask).  Citizens Committee is sensitive to protect sound.  We started at 40/45 decibels, now we’ve gone to 50 decibels and cut back footage for setbacks.  NYS Rte. 12 setback is needed.  Decommissioning – Not a huge risk if company went broke as we have a bond in place.  Did we cover insurance & liability?  Do wind rights go with the owner or property?  Discussion followed with Atty. Russell stating he doesn’t feel the Town should dictate this.

            Bud Baril:  An issue – developers hire sub-contractors.  Promises are made by the applicant, but has little control if sub-contract doesn’t follow through.  We should be cautious of this.

Atty. Russell indicated that the applicant needs to put this into their contracts with the sub-contractor.

Mr. Baril also stated that both the Town/ Village Board need to consider bring in a Planner and Secretary for the future.  As a volunteer he is spending entirely to much time and feels a planner would be more efficient.

Being no one further to speak, the public section was closed.

Motion by George Kittle, 2^nd by Donald Turcotte, to approve the amended draft proposed Local Law #1.  Cantwell – Aye; Kittle – Aye; Taylor – Aye; Turcotte – Aye; Rose – aye.

Motion by Bonnie Rose, 2^nd by Justin Taylor, to set a public hearing date & time of January 3, 2007 @ 6:00 PM for Local Law #1 of 2007.  Cantwell – Aye; Kittle – Aye, Taylor – Aye; Turcotte – Aye; Rose – Aye.

Motion by Justin Taylor, 2^nd by George Kittle, to approve the proposed Zoning Amendment as amended.  Cantwell – Aye; Kittle – Aye; Taylor – Aye; Turcotte – Aye; Rose – Aye.

Motion by Donald Turcotte, 2^nd by Bonnie Rose, to set a public hearing date & time for January 3, 2007 @ 6:00 PM for the proposed zoning amendment establishing a Wind Overlay District.  Cantwell – Aye; Kittle – Aye; Taylor – Aye; Turcotte – Aye; Rose – Aye.

Motion by Bonnie Rose, 2^nd by Donald Turcotte, authorizing Atty. Joseph Russell to send both the Amendment establishing a Wind Overlay District and Local Law #1 of 2007 to County Planning for their review and comment.  Cantwell – Aye; Kittle – aye; Taylor – Aye; Turcotte – Aye; Rose – Aye.

Motion by Bonnie Rose, 2^nd by Donald Turcotte, to adjourn this Special meeting at 7:00 PM.  Motion carried.

Kathleen E. LaClair, Town Clerk