Lyme School Dist IV Request

7/30/2019 Lyme School Dist IV Request

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FERRARA. FIORENZA. LARRISON. BARRETT S REITZ. P.c.BENJAMIN J. FERRARANICHOLAS J. FIORENZAMARC H. REITZHENRY F. SOBOTASUSAN T. JOHNSCRAIG M. ATLASJOSEPH C. SHIELDSDONALD E. BUDMENCOLLEEN W. HEINRICHMILES C. LAWLORMICHAEL L. DODDERIC J. W,LSONBRIAN J. SMITH

Via E-Mail OnlyHon. Jeffrey CohenActing Secretary

ATTORNEYS AND COUNSELORS AT LAW5010 CAMPUSWOOD DRIVE

EAST SYRACUSE. NEW YORK 13057

TELEPHONE, (315) 437-7600

FACSIMILE, (315) 437 - 7744 '*NOT FOR SERVICE OF PROCESS

[email protected] 10, 2013

NYS Board on Electric GenerationSiting and the Environment3 Empire State Plaza

Albany, New York 12223Re: Lyme Central School District Request for Interveuor Funds

SENIOR COUNSEDENNIS T. BARRETCHARLES E. SYMON

KATHERINE E. CAVETCHRISTOPHER M. MILITELLO

JOSEPH J. BUFANHEATHER M. COLBRIAN HARTMAN

Case No. 12-F-0410: Application of Cape Vincent Wind Power, LLC, fo r aCertificate of Environmental Compatibility and Public Need to Const ructand Approximately 200-285 Megawatt Wind Electric Generating Facility inthe Town of Cape Vincent, New YorkDear Mr. Cohen:

Our office is general counsel to the Lyme Central School District. Attached please findthe School District 's request for intervenor funds in the above-referenced matter. Please notethat biographies of the attorneys retained by the School District are attached as Exhibit "A".Additionally, documents relevant to the appointment of our law firm as counsel to the SchoolDistrict are attached as Exhibit "B".

Thank you for your courtesies.Very truly yours,

FERRARA, FIORENZA, LARRISON, BARRETT & REITZ, P.C.

JGS:camAttachmentscc: Paul Agresta, Presiding Examiner (via e-mail)Richard F. Chandler, Director, Business Development, BP (via e-mail)Karen Donahue, Superintendent of Schools (via e-mail)


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Form RFIF (2/12/13)Request for Intervenor Funds

Instructions : Provide all applicable information by filling in the text boxes as indicated.If necessary, attach additional information in a separate document.This request is to be submitted either electronically (preferred) or by regular mail.To submit this request electronically, save your changes and attach it to an e-mail sent to:

[email protected] submit this request by regular mail, print it and mail it to:

Secretary,NYS Board on Electric GenerationSiting and the Environment3 Empire State PlazaAlbany, NY 12223

Copies must also be submitted to the Presiding Examiner and other parties to the proceeding.

TO THE SECRETARY:I hereby provide a request for intervenor funds in the following Article 10 case before the NYS Board on

Electric Generation Siting and the Environment:Case Number:Title of Case:

Name of Party:Contact Person:

Firm Name:Contact Address:

Contact Telephone Number:Contact E-mail Address:

Amount of Funds Requested:

12-F-0410

Application of Cape Vincent Wind Power, LLC, for a Certificate of EnvironmentalCompatibility and Public Need to Construct and Approximately 200-285 Megawatt WindElectric Generating Facility in the Town of Cape Vincent, New York

Lyme Central School DistrictKaren Donahue, Superintendent of Schools

P.O. Box 21911868 Academy StreetChaumont, New York 13622

(315) 649-2417

[email protected]

$15.000

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IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN A SEPARATE DOCUMENT.The basis of eligibility for intervenor funds is as follows: (Check one)

o

oi(a)

Eligible Municipal Party [County, city, town or village located in New York State that may be affected by the proposedmajor electric generating facility)Eligible Individual Local Party (Person residing In a community who may be Individually affected by the proposed majorelectric generating facility)Eligible Group Local Party [Persons residing in a community who may be collectively affected by the proposed majorelectric generating facility)Provide a statement of the number of persons the requesting party represents:The Lyme Central School District submits this request In the Interests of its taxpayers, The School District serves 365 students In gradesPre-K through 12, and its boundaries include all or portions of the following municipalities: the Town of Lyme, the Village of Chaumont. theTown of Clayton, the Town of Cape Vincent, and the Town of Brownville.

i(b) Provide a statement of the nature of the interests the requesting party represents:The Lyme Central School District submits this request in the Interests of its taxpayers, who would benefit from a Board of Education morefully informed of the Article 10 process, and additional resources to faciUtate tho negotiation of an equitable payment In lleu of taxes (PILOT)agreement between the School District and BP.

2(a) Provide a statement of the efforts that have been made to obtain funds from other sources:There are no known funding sources outside of taxpayer funds.

2(b) Provide a statement of the availability of funds from the resources of the requesting party:The resources of the Lyme Central School District are limited, The total proposed budget for the 2013-2014 ~ c h o o l year, beginning on July 1,2013,Is $7,712,330. Of that, the School District has aliotted only $7,500 to "Contractual-Attorney Fees". ASide from advice related to theArticle 10 process and the possible negotiation of a PilOT agreement, such funds must cover legal services provided pUfliiuant to otherIssues that regularly arise during the course of the year. The School District is further limited in its ability to raises taxes by a 2% tax capimposed by law.

2(c) Provide a statement of the availability of funds from the resources of sources other than therequesting party:

3(a)

o

There are no known funding sources outside of taxpayer funds.

Indicate the type of funds being sought: (Check one)PreApplicatlon Stage Funds [Generally available upon the filing by the project Applicant of a Preliminary SeopingStatement (PSS))Application Stage Funds [Generally available upon the filing by the Project Applicant of an Article 10 Application)

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IF NECESSARY, ATIACH ADDITIONAL INFORMATION IN ASEPARATE DOCUMENT.3(b) State the amount of funds being sought:

The Lyme Central School District seeks intervenor funds in the amount of $15,000.

4(a) If expert witnesses, consultants, attorneys, or others are to be employed, provide to the extentpossible, the name and qualifications of each person to be employed:The Lyme Central School District has retained the law firm of Ferrara, Fiorenza, Larrison, Barrett & Reitz, p.e. of East Syracuse, New York.The firm consists of twenty-one attorneys, and has extensive experience representing municipalities and school districts in a variety of legalmatters, including, but not limited to, PILOT negotiations, real property transactions, and tax certiorari proceedings. Matters relevant to theproposed Cape Vincent Wind Farm will be handled primarily by attorneys Marc H. Reitz, Joseph G. Shields, Char les E. Symons, ChristopherM. Militello, and Brian Hartmann. Brief biographies of these individuals stating thei r credentials are atlached hereto as Exhibit "A".

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IF NECESSARY, ATIACH ADDITIONAL INFORMATION IN ASEPARATE DOCUMENT.4(b) If expert witnesses, consultants, attorneys, or others are to be employed and it Is not possible toprovide the name of each person to be employed, provide for each person that cannot be named astatement of the necessary professional qualifications for the person:

NIA

5 Provide, if known, the name of any other interested person or entity who may, or Is Intending to,employ any such expert witnesses, consultants, attorneys, or others:The School District is not aware of any other Interested party who may, or Is intending to, employ Ferrara, Fiorenza, Larrison, Barrett & ReitzP.C. with regard tcthis matter. '

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IF NECESSARY, ATIACH ADDITIONAL INFORMATION IN ASEPARATE DOCUMENT.6(a) For all expert witnesses, consultants, attorneys, or others to be employed, provide a detailedstatement of the services to be prOVided:

Ferrara, Fiorenza, Larrison, BarreH & Reitz, P.C. will be educating Board members and relevant Lyme Central School District officialsregarding the Article 10 prQcsss, reviewing the PSS, and negotiating stipuletlons to ttle extent necessary and permissible.Additonally, the firm will be engaged In securing an equitable PILOT agreement with BP, should the project move forward. In so doing, thefirm will be engaged in consulting with representatives of the Lyme Central School District and obtaining data relevant to detennining theterms and conditions of the proposed PILOT agreement, negotiating such terms with BP, preparing the PILOT agreement, and arranging forIhe execution of the same.

6(b) For all expert witnesses, consultants, attorneys, or others to be employed, provide a detailed basis forthe fees requested, including hourly fee, wage rate, and expenses:Ferrara, Fiorenza, Larrlson, Barrett & Reitz, P.C. provides legal services to the School D IstrIct at rates of $195.00 per hour for servIcesrendered by partners and senior associates, and rates of between $150 and $175 per hour for less senior associates. Given the breadth andnovelty of the Article 10 process, significant legal research and document revIew Is reqllired in order to appropriately advh:ie the SchoolDistlict. Additionally, it has been the experience of the law firm that the length and complextty of PILOT negotiations veny, but may becomeprotracted. The School District and the law firm believe between 75 and 80 hours may be necessary to undertake the services listed In 6(a)of this request.

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IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN ASEPARATE DOCUMENT.6(c) For all expert witnesses, consultants, attorneys, or others to be employed during the Pre-Appli cation

Stage, provide a detailed statement specifying how such services and expenses will make an effectivecontribution to review of the Preliminary Scoping Statement and the development of an adequatescope of appropriate studies for the application to be submitted and thereby provide early andeffective public involvement:Pursuant to 16 N,Y.C.R.R. 1000.27, BP's application must contain an estlmate of the incremental school district operating andinfrastructure costs due to the c o n s t r u c ~ o n and operation of the proposed facility, as well as estimates of the incremental amount of annualtaxes imposed by and PILOT payments made to each taxing jurisdiction affected by lhe Wind Farm.The preliminary seaping statement, however, gives IItle attention to thesa Issues. Section 2.27 on pages 171 through 177 of the PreliminarySeaplng Statement discusses the potential socioeconomic effects of the proposed Cape Vincent Wind Farm Project, stating that "the projectwill provide revenues to the local communities through property taxes or through payments In lieu of taxas (PILOT) arrangements, [and]Increased municipal revenues will benefit the School District's emergency salVices and essenllallnfrastructure,- To date, however, therehave been no discussions regarding a potential PILOT agreement.The Lyme Central School District Is small and rural, with limited opportunities to secure funding to support Its essential programs, As a result,negotiating an equitable PILOT agreement with BP would help to ensure the viability of the School District and the quality of the education Itprovides. There Is potential for the Cape Vincent Wind Farm Project to benefit the School District, but this can only be done by ensuring thatthe terms of a PILOT agreement are equitable.The School District Is Interested In allowing Its attorneys. who have substantial experience In such matters. to take appropriate action innegotiating and preparing a PILOT agreement in the event the Project moves forward. However, given the size and resources of the SchoolDistrict, the legal fees involved In doing so would be substantial and burdensome. By securing intervenor funds to be \Ised for suchpurposes, taxpayers would be ensured that BP wlll make appropriate co ntrlbutlons to essential public institutions. The execution of a PILOTagreement would also allow BP to firmly state the ex.tent of the proposed Wind Farm's socioeconomic impact on affected municipalities andschool districts.Moreover. as the School District's governing bo dy Is the publicly elected Board of Education, which holds regular meetings open to thepublic, the education and active participation of Board members would foster public discussion and involvement in the rBview of the PSS andthe development of a more complete and considered application.

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IF NECESSARY, ATIACH ADDITIONAL INFORMATION IN ASEPARATE DOCUMENT.6(d) For all expert witnesses, consultants, attorneys, or others to be employed during the Application Stage,provide a detailed statement specifying how such services and expenses will contribute to th ecompilation of a complete record as to the appropriateness ofthe site and facility and wili facilitatebroad participation In the proceeding.

N/A

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IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN ASEPARATE DOCUMENT.7(a) For any study to be performed, a description of the purpose of the study:

N/A

7(b) For any study to be performed, a description ofthe methodology and a statement of the rationalesupporting the methodology:N/A

7(c) For any study to be performed pursuant to any proposed methodology that is.new or original,explaining why pre-existing methodologies are insufficient or inappropriate:N/A

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IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN ASEPARATE DOCUMENT.7(d) For any study to be performed, provide a description of the timing for completion of the study and astatement of the rationale supporting the timing proposed:

N/A

8(a) For any study to be performed, a statement as to the result of any effort made to encourage theapplicant to perform the proposed studies or evaluations and the reason it is believed that anindependent study is necessary:N/A

9 For all expert witnesses, consultants, attorneys, or others to be employed, provide a copy of anycontract or agreement or proposed contract or agreement with each such expert witness, consultant,attorney, or other person.

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IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN ASEPARATE DOCUMENT.10 Provide a statement of any additional justification for the funding request not already addressed

above:

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EXHIBIT A


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Marc H. ReitzMarc H. Reitz graduated from the Wharton School ofFinance and Commerce, University ofPennsylvania, with a Bachelor of Science in Economics. He pursued graduate work at SyracuseUniversity's Maxwell School ofCitizenship and Administration the following year. He thenbegan work for the City of Syracuse, serving first as a Senior Budget Analyst, and for three yearsas Personnel Director for the City of Syracuse. In 1974, he continued his career with theOswego County BOCES, where he served as Director ofEmployerlEmployee Relations,negotiating labor contracts and working on grievance administration for the various componentschools in Oswego County. While working at the Oswego BOCES, Mr. Reitz also attendedSyracuse University College ofLaw. He received his J.D. degree, cum laude, in December1977. Since June of 1978, he has practiced law, concentrating primarily on Public SectorEmployment Law and Education Law. For the past 20 years, he has also been an adjunctProfessor ofEducational Administration at SUNY Cortland and Oswego. He is admitted topractice in all New York Courts, and in the Federal District Courts for the Northern District ofNew York.

Joseph G. ShieldsJoseph G. Shields, a partner and member of the firm's Management Committee, has over 20years of experience in representing school districts and private sector clients in complex legalmatters. Mr. Shields represents school districts in all aspects ofEducation Law, including allphases of capital construction projects from preparation of the bid documents, selection ofresponsible bidder to dispute resolution or litigation. Mr. Shields also counsels clients onprotecting school districts' real property tax base by defending complex commercial taxcertiorari proceedings and negotiating payment in lieu of tax ("PILOT") agreements on behalfofschool district clients.Mr. Shields represented the West Genesee Central School District in its successful tax certiorariappeal before the Court ofAppeals in the Allied v. Town ofCamillus and the West GeneseeCentral School District, 80 NY2d 351 (1992). Mr. Shields was one of eight attorneys to handlethe defense of the CSXT v. State ofNew York, et al. defendant class action involving thevaluation of railroad property in the State ofNew York and the assessment of over four hundredmunicipalities throughout the State. Mr. Shields and Mr. Barrett successfully represented allMonroe County Districts in litigation against Monroe County (51 AD 3d 125 (AD 4th 2008) toretain over $29 Million Dollars of sales tax revenue.In addition to his practice, Mr. Shields lectures on matters relating to Education Law and othertopics throughout the state. Mr. Shields serves on the Board ofDirectors of the New York StateAssociation of School Attorneys, is a member of the New York State Bar Association and isadmitted before the New York State Courts and Federal District Courts.


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Charles E. SymonsCharles E. Symons graduated magna cum laude from Saint Lawrence University in 1998 andreceived his law degree in 200 I from the University of Cincinnati, College of Law. Mr. Symonsis admitted in all state courts in New York. Mr. Symons is also admitted in the Federal DistrictCourts for the Northern and Western Districts in New York, and the U.S. Court of Appeals fo rthe Second Circuit. Since 2002, Mr. Symons' practice has focused on the defense of schooldistricts in state and federal courts, at both the trial court and appellate court levels. Prior tojoining the Ferrara Fiorenza Law Firm, Mr. Symons also represented school districts inproceedings before the New York State Division of Human Rights, the New York StateEducation Department, the New York State Employment Relations Board, the U.S. EqualEmployment Opportunity Commission, and various other administrative agencies. Mr. Symonsis a member of various professional associations including the American Bar Association, theNew York State Bar Association, the Bar Association for the Federal District Court for theNorthern District of New York, the Onondaga County Bar Association and the New York StateSchool Boards Association. Mr. Symons ' primary practice areas are labor and employment law,education law, constitutional law, and related civil litigation.

Christopher M. MilitelloChristopher M. Militello is a graduate of St. Bonaventure University (B.A. 1990), CanisiusCollege (M.S. 1992) and Syracuse University College of Law (J.D. 2000). While at Syracuse,Mr. Militello was the Notes & Comments Editor for the Syracuse Law Review. He is admitted topractice in all New York State Courts.

.Prior to joining the Ferrara, Fiorenza law firm, Mr. Militello was the Princ iral Law Clerk to aNew York State Supreme Court Justice and a Support Magistrate for the 6t Judicial District.Mr. Militello has also served as a staff attorney for the Utica National Insurance Group. Hiscurrent practice includes representing school districts and private employers in labor relations,construction, real property tax and general litigation matters. Mr. Militello is a member oftheNew York State and Oneida County Bar Associations.

Brian HartmannBrian Hartmann is a graduate of Canisius College (B.A. 2006, summa cum laude) and the StateUniversity of New York at Buffalo (M.A. 2008, J.D. 2011). He supports the Firm's practice ineducation law, labor and employment law, constitutional law, and related civil litigation. Mr.Hartmann was admitted to the New York State Bar in 2012.


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EXHIBITB


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LYME CENTRAL SCHOOLRE-ORGANIZATIONAL MEETINGBOARD OF EDUCATIONJuly 12, 2012Opening: Clerk Missy Holmes called the meeting to order at 6:00 PM. The Oath of FaithfulPerformance was administered to Superintendent Karen Donahue. Present were Terry Countryman,Kathy Dyer, Gary Nicholson, Deanna Lothrop, Brian Peters, Donna Stevenson, and Lynn Reichert.Also present were Barry Davis, Pat Gibbons, Sandy Rooney, Jennifer Docteur and Michele Bariteau.Election of Officers: Clerk Missy Holmes accepted nominations for PresidentPresident: Gary Nicholson was nominated without opposition, motion by Deanna Lothrop, secondedby Donna Stevenson. The vote was (7-0) in favor.The clerk administered the Oath of Faithful Performance to the President.President Gary Nicholson accepted nominations for Vice President.Vice President: Deanna Lothrop was nominated without opposition as Vice President, motion byKathy Dyer, seconded by Donna Stevenson. The vote was (7-0) in favor.The clerk administered the Oath of Faithful Performance to the Vice President.The clerk administered the Oath of Faithful Performance to the remaining Board of Educationmembers.Appointment of Officers:Motion by Donna Stevenson, seconded by Deanna Lothrop with all in favor (7-0)A. Clerk of the Board -Melissa Holmes -paid at her hourly rate for the 2012-2013 school yearB. District Treasurer - Anne Knight - Stipend $6,443District Tax Collector - Vicky Barbour - Stipend $2,206Other Appointments:Motion, except for items K & L, by Kathy Dyer, seconded by Lynn Reichert with all in favor (7-0)A. School Physician - Dr. Alfred Gianfagna - Stipend $8,500B. School Attorney - Marc Reitz of Ferrara. Fiorenza, Larrison, Barrett & Reitz. P,C.C. Attendance Officer - Christine LachenauerD. Independent Auditor - Poulsen and Podvin C.P.A., P.C.E. Internal Auditor- Stackel &Navarra, C.P.A . P.CF. Internal Claims Auditor- Steven Lambert - $25.00/hourG, Records Access Officer - Melissa HolmesJuly 12,2012 I


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July 19, 2012

Ferrara, Fiorenza, Larrison, Barrett, &Reitz5010 Campuswood DriveEast Syracuse, NY 13057

Dear Mr. Reitz,

KAREN M. DONAHUE, SUPERINTENDENT

The Board of Education appointed you to the position of School Attorney at theJuly 12, 2012 meeting. Thank you so much for assisting the district during the2012-13 school year.

We look forward to working with you. Please contact me if you have anyquestions.

Sincerely,

Karen M. DonahueSuperintendent

KD:mh

BOARD OF EDUCATION.........,M!l..GtRtj"l'i1pFlQ]'SOi'l,P!lliSJ.PENT . M ~ . I ) N N A , L o T ~ R Q P e : ' t p l P R E s m E N T .MIi.TERRY COUNTRYMAN

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FERRARA. FIORENZA. LARRISON. BARRETT f} REITZ. P.c.ATTORNEYS AND COUNSELORS AT LAW

BENJAMIN J. FERRARANICHOLAS J. FIORENZADENNIS T. BARRETTMARC H. REITZHENRY F. SOBOTASUSAN T. JOHNSCRAIG M . ATLASJOSEPH G. SHIELDSDONALD E. BUDMENCOLLEEN W. HEINRICHMILES G. LAWLORMICHAEL L. DODDERIC J. W,LSONBRIAN J. SMITH

5010 CAMPUSWOOD DRIVEEAST SYRACUSE. NE W YORK 13057

TELEPHONE, (315) 437-7GOO

FACSIMILE, (315) 437-7744**NOT FOR SERVICE OF PROCESS

MHRelt;@FerraraFirm.comJuly 20,2012

Karen M. Donahue, SuperintendentLyme Central School District11868 Academy StreetP.O. Box 219Chaumont, New York 13622Dear Karen:

CHARLES E. SYMONSKATHERINE E. GAVETT

CHRISTOPHER M. MILITELLOJOSEPH J. BUFANOBRIAN HARTMANN

OF COUNSELDAVID W. LARRISONNORMAN H. GROSS

Thank you for your letter of July 19, 2012 confirming that the Board has reappointed ourfmn as School Attorney for the 2012-13 school year.We are pleaSed to continue to be of service to you and your Board ofEducation, andappreciate your support and confidence in our fum's ability to provide professional counsel and

representation.We look forward to continuing our relationship for many years to come.

Very truly yours,FERRARA, FlOREN

MHRIwsp

Lyme School Dist IV Request

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