FERRARA. FIORENZA. LARRISON. BARRETT S REITZ. P.c.

BENJAMIN J. FERRARA
NICHOLAS J. FIORENZA
MARC H. REITZ
HENRY F. SOBOTA
SUSAN T. JOHNS
CRAIG M. ATLAS
JOSEPH C. SHIELDS
DONALD E. BUDMEN
COLLEEN W. HEINRICH
MILES C. LAWLOR
MICHAEL L. DODD
ERIC J. W,LSON
BRIAN J. SMITH
Via E-Mail Only
Hon. Jeffrey Cohen
Acting Secretary
ATTORNEYS AND COUNSELORS AT LAW
5010 CAMPUSWOOD DRIVE
EAST SYRACUSE. NEW YORK 13057
TELEPHONE, (315) 437-7600
FACSIMILE, (315) 437-7744'
*NOT FOR SERVICE OF PROCESS
jshields@ferrarafirm.com
May 10, 2013
NYS Board on Electric Generation
Siting and the Environment
3 Empire State Plaza
Albany, New York 12223
Re: Lyme Central School District Request for Interveuor Funds
SENIOR COUNSEL
DENNIS T. BARRETT
CHARLES E. SYMONS
KATHERINE E. CAVETT
CHRISTOPHER M. MILITELLO
JOSEPH J. BUFANO
HEATHER M. COLE
BRIAN HARTMANN
Case No. 12-F-0410: Application of Cape Vincent Wind Power, LLC, for a
Certificate of Environmental Compatibility and Public Need to Construct
and Approximately 200-285 Megawatt Wind Electric Generating Facility in
the Town of Cape Vincent, New York
Dear Mr. Cohen:
Our office is general counsel to the Lyme Central School District. Attached please find
the School District's request for intervenor funds in the above-referenced matter. Please note
that 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 School
District are attached as Exhibit "B".
Thank you for your courtesies.
Very truly yours,
FERRARA, FIORENZA, LARRISON, BARRETT & REITZ, P.C.
JGS:cam
Attachments
cc: 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)
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:
secretary@dps.ny.gov
To submit this request by regular mail, print it and mail it to:
Secretary,
NYS Board on Electric Generation
Siting and the Environment
3 Empire State Plaza
Albany, 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 Environmental
Compatibility and Public Need to Construct and Approximately 200-285 Megawatt Wind
Electric Generating Facility in the Town of Cape Vincent, New York
Lyme Central School District
Karen Donahue, Superintendent of Schools
P.O. Box 219
11868 Academy Street
Chaumont, New York 13622
(315) 649-2417
kdonahue@lymecsd.org
$15.000
Page RFIF-1
IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN A SEPARATE DOCUMENT.
The basis of eligibility for intervenor funds is as follows: (Check one)
o
o
i(a)
Eligible Municipal Party [County, city, town or village located in New York State that may be affected by the proposed
major electric generating facility)
Eligible Individual Local Party (Person residing In a community who may be Individually affected by the proposed major
electric generating facility)
Eligible Group Local Party [Persons residing in a community who may be collectively affected by the proposed major
electric 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 grades
Pre-K through 12, and its boundaries include all or portions of the following municipalities: the Town of Lyme, the Village of Chaumont. the
Town 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 more
fully 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 the
Article 10 process and the possible negotiation of a PilOT agreement, such funds must cover legal services provided pUfliiuant to other
Issues 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 cap
imposed by law.
2(c) Provide a statement of the availability of funds from the resources of sources other than the
requesting 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 Seoping
Statement (PSS))
Application Stage Funds [Generally available upon the filing by the Project Applicant of an Article 10 Application)
Page RFIF2
IF NECESSARY, ATIACH ADDITIONAL INFORMATION IN A SEPARATE 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 extent
possible, 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 legal
matters, including, but not limited to, PILOT negotiations, real property transactions, and tax certiorari proceedings. Matters relevant to the
proposed Cape Vincent Wind Farm will be handled primarily by attorneys Marc H. Reitz, Joseph G. Shields, Charles E. Symons, Christopher
M. Militello, and Brian Hartmann. Brief biographies of these individuals stating their credentials are atlached hereto as Exhibit "A".
Page RFIF-3
IF NECESSARY, ATIACH ADDITIONAL INFORMATION IN A SEPARATE DOCUMENT.
4(b) If expert witnesses, consultants, attorneys, or others are to be employed and it Is not possible to
provide the name of each person to be employed, provide for each person that cannot be named a
statement 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 & Reitz
P.C. with regard tcthis matter. '
Page RFIF-4
IF NECESSARY, ATIACH ADDITIONAL INFORMATION IN A SEPARATE DOCUMENT.
6(a) For all expert witnesses, consultants, attorneys, or others to be employed, provide a detailed
statement of the services to be prOVided:
Ferrara, Fiorenza, Larrison, BarreH & Reitz, P.C. will be educating Board members and relevant Lyme Central School District officials
regarding 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, the
firm will be engaged in consulting with representatives of the Lyme Central School District and obtaining data relevant to detennining the
terms and conditions of the proposed PILOT agreement, negotiating such terms with BP, preparing the PILOT agreement, and arranging for
Ihe execution of the same.
6(b) For all expert witnesses, consultants, attorneys, or others to be employed, provide a detailed basis for
the fees requested, including hourly fee, wage rate, and expenses:
Ferrara, Fiorenza, Larrlson, Barrett & Reitz, P.C. provides legal services to the School DIstrIct at rates of $195.00 per hour for servIces
rendered by partners and senior associates, and rates of between $150 and $175 per hour for less senior associates. Given the breadth and
novelty of the Article 10 process, significant legal research and document revIew Is reqllired in order to appropriately advh:ie the School
Distlict. Additionally, it has been the experience of the law firm that the length and complextty of PILOT negotiations veny, but may become
protracted. 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.
Page RFIF5
IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN A SEPARATE DOCUMENT.
6(c) For all expert witnesses, consultants, attorneys, or others to be employed during the Pre-Application
Stage, provide a detailed statement specifying how such services and expenses will make an effective
contribution to review of the Preliminary Scoping Statement and the development of an adequate
scope of appropriate studies for the application to be submitted and thereby provide early and
effective 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 and
infrastructure costs due to the and operation of the proposed facility, as well as estimates of the incremental amount of annual
taxes imposed by and PILOT payments made to each taxing jurisdiction affected by lhe Wind Farm.
The preliminary sea ping statement, however, gives IItle attention to thesa Issues. Section 2.27 on pages 171 through 177 of the Preliminary
Seaplng Statement discusses the potential socioeconomic effects of the proposed Cape Vincent Wind Farm Project, stating that "the project
will 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, there
have 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 It
provides. There Is potential for the Cape Vincent Wind Farm Project to benefit the School District, but this can only be done by ensuring that
the 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 in
negotiating and preparing a PILOT agreement in the event the Project moves forward. However, given the size and resources of the School
District, the legal fees involved In doing so would be substantial and burdensome. By securing intervenor funds to be \Ised for such
purposes, taxpayers would be ensured that BP wlll make appropriate contrlbutlons to essential public institutions. The execution of a PILOT
agreement would also allow BP to firmly state the ex.tent of the proposed Wind Farm's socioeconomic impact on affected municipalities and
school districts.
Moreover. as the School District's governing body Is the publicly elected Board of Education, which holds regular meetings open to the
public, the education and active participation of Board members would foster public discussion and involvement in the rBview of the PSS and
the development of a more complete and considered application.
Page RFIF-6
IF NECESSARY, ATIACH ADDITIONAL INFORMATION IN A SEPARATE 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 the
compilation of a complete record as to the appropriateness ofthe site and facility and wili facilitate
broad participation In the proceeding.
N/A
Page RFIF-7
IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN A SEPARATE 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 rationale
supporting 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
Page RFIF-8
IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN A SEPARATE DOCUMENT.
7(d) For any study to be performed, provide a description of the timing for completion of the study and a
statement 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 the
applicant to perform the proposed studies or evaluations and the reason it is believed that an
independent study is necessary:
N/A
9 For all expert witnesses, consultants, attorneys, or others to be employed, provide a copy of any
contract or agreement or proposed contract or agreement with each such expert witness, consultant,
attorney, or other person.
Page RFIF-9
IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN A SEPARATE DOCUMENT.
10 Provide a statement of any additional justification for the funding request not already addressed
above:
Page RFIF-10
EXHIBIT A
Marc H. Reitz
Marc H. Reitz graduated from the Wharton School of Finance and Commerce, University of
Pennsylvania, with a Bachelor of Science in Economics. He pursued graduate work at Syracuse
University's Maxwell School of Citizenship and Administration the following year. He then
began work for the City of Syracuse, serving first as a Senior Budget Analyst, and for three years
as Personnel Director for the City of Syracuse. In 1974, he continued his career with the
Oswego County BOCES, where he served as Director of EmployerlEmployee Relations,
negotiating labor contracts and working on grievance administration for the various component
schools in Oswego County. While working at the Oswego BOCES, Mr. Reitz also attended
Syracuse University College of Law. He received his J.D. degree, cum laude, in December
1977. Since June of 1978, he has practiced law, concentrating primarily on Public Sector
Employment Law and Education Law. For the past 20 years, he has also been an adjunct
Professor of Educational Administration at SUNY Cortland and Oswego. He is admitted to
practice in all New York Courts, and in the Federal District Courts for the Northern District of
New York.
Joseph G. Shields
Joseph G. Shields, a partner and member of the firm's Management Committee, has over 20
years of experience in representing school districts and private sector clients in complex legal
matters. Mr. Shields represents school districts in all aspects of Education Law, including all
phases of capital construction projects from preparation of the bid documents, selection of
responsible bidder to dispute resolution or litigation. Mr. Shields also counsels clients on
protecting school districts' real property tax base by defending complex commercial tax
certiorari proceedings and negotiating payment in lieu of tax ("PILOT") agreements on behalf of
school district clients.
Mr. Shields represented the West Genesee Central School District in its successful tax certiorari
appeal before the Court of Appeals in the Allied v. Town of Camillus and the West Genesee
Central School District, 80 NY2d 351 (1992). Mr. Shields was one of eight attorneys to handle
the defense of the CSXT v. State of New York, et al. defendant class action involving the
valuation of railroad property in the State of New York and the assessment of over four hundred
municipalities throughout the State. Mr. Shields and Mr. Barrett successfully represented all
Monroe County Districts in litigation against Monroe County (51 AD 3d 125 (AD 4th 2008) to
retain over $29 Million Dollars of sales tax revenue.
In addition to his practice, Mr. Shields lectures on matters relating to Education Law and other
topics throughout the state. Mr. Shields serves on the Board of Directors of the New York State
Association of School Attorneys, is a member of the New York State Bar Association and is
admitted before the New York State Courts and Federal District Courts.
Charles E. Symons
Charles E. Symons graduated magna cum laude from Saint Lawrence University in 1998 and
received his law degree in 200 I from the University of Cincinnati, College of Law. Mr. Symons
is admitted in all state courts in New York. Mr. Symons is also admitted in the Federal District
Courts for the Northern and Western Districts in New York, and the U.S. Court of Appeals for
the Second Circuit. Since 2002, Mr. Symons' practice has focused on the defense of school
districts in state and federal courts, at both the trial court and appellate court levels. Prior to
joining the Ferrara Fiorenza Law Firm, Mr. Symons also represented school districts in
proceedings before the New York State Division of Human Rights, the New York State
Education Department, the New York State Employment Relations Board, the U.S. Equal
Employment Opportunity Commission, and various other administrative agencies. Mr. Symons
is a member of various professional associations including the American Bar Association, the
New York State Bar Association, the Bar Association for the Federal District Court for the
Northern District of New York, the Onondaga County Bar Association and the New York State
School Boards Association. Mr. Symons' primary practice areas are labor and employment law,
education law, constitutional law, and related civil litigation.
Christopher M. Militello
Christopher M. Militello is a graduate of St. Bonaventure University (B.A. 1990), Canisius
College (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 to
practice in all New York State Courts.
.
Prior to joining the Ferrara, Fiorenza law firm, Mr. Militello was the Princiral Law Clerk to a
New York State Supreme Court Justice and a Support Magistrate for the 6
t
Judicial District.
Mr. Militello has also served as a staff attorney for the Utica National Insurance Group. His
current practice includes representing school districts and private employers in labor relations,
construction, real property tax and general litigation matters. Mr. Militello is a member ofthe
New York State and Oneida County Bar Associations.
Brian Hartmann
Brian Hartmann is a graduate of Canisius College (B.A. 2006, summa cum laude) and the State
University of New York at Buffalo (M.A. 2008, J.D. 2011). He supports the Firm's practice in
education law, labor and employment law, constitutional law, and related civil litigation. Mr.
Hartmann was admitted to the New York State Bar in 2012.
EXHIBITB
LYME CENTRAL SCHOOL
RE-ORGANIZATIONAL MEETING
BOARD OF EDUCATION
July 12, 2012
Opening: Clerk Missy Holmes called the meeting to order at 6:00 PM. The Oath of Faithful
Performance 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 President
President: Gary Nicholson was nominated without opposition, motion by Deanna Lothrop, seconded
by 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 by
Kathy 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 Education
members.
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 year
B. District Treasurer - Anne Knight - Stipend $6,443
District Tax Collector - Vicky Barbour - Stipend $2,206
Other 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 $8,500
B. School Attorney - Marc Reitz of Ferrara. Fiorenza, Larrison, Barrett & Reitz. P,C.
C. Attendance Officer - Christine Lachenauer
D. Independent Auditor - Poulsen and Podvin C.P.A., P.C.
E. Internal Auditor- Stackel & Navarra, C.P.A .. P.C
F. Internal Claims Auditor- Steven Lambert - $25.00/hour
G, Records Access Officer - Melissa Holmes
July 12,2012 I
July 19, 2012
Ferrara, Fiorenza, Larrison, Barrett, & Reitz
5010 Campuswood Drive
East Syracuse, NY 13057
Dear Mr. Reitz,
KAREN M. DONAHUE, SUPERINTENDENT
The Board of Education appointed you to the position of School Attorney at the
July 12, 2012 meeting. Thank you so much for assisting the district during the
2012-13 school year.
We look forward to working with you. Please contact me if you have any
questions.
Sincerely,
Karen M. Donahue
Superintendent
KD:mh
BOARD OF EDUCATION
......... ,M!l..GtRtj"l'i1pFlQ]'SOi'l,P!lliSJ.PENT .MIi.TERRY COUNTRYMAN
'<' ............ .
FERRARA. FIORENZA. LARRISON. BARRETT f} REITZ. P.c.
ATTORNEYS AND COUNSELORS AT LAW
BENJAMIN J. FERRARA
NICHOLAS J. FIORENZA
DENNIS T. BARRETT
MARC H. REITZ
HENRY F. SOBOTA
SUSAN T. JOHNS
CRAIG M. ATLAS
JOSEPH G. SHIELDS
DONALD E. BUDMEN
COLLEEN W. HEINRICH
MILES G. LAWLOR
MICHAEL L. DODD
ERIC J. W,LSON
BRIAN J. SMITH
5010 CAMPUSWOOD DRIVE
EAST SYRACUSE. NEW YORK 13057
TELEPHONE, (315) 437-7GOO
FACSIMILE, (315) 437-7744*
*NOT FOR SERVICE OF PROCESS
MHRelt;@FerraraFirm.com
July 20,2012
Karen M. Donahue, Superintendent
Lyme Central School District
11868 Academy Street
P.O. Box 219
Chaumont, New York 13622
Dear Karen:
CHARLES E. SYMONS
KATHERINE E. GAVETT
CHRISTOPHER M. MILITELLO
JOSEPH J. BUFANO
BRIAN HARTMANN
OF COUNSEL
DAVID W. LARRISON
NORMAN H. GROSS
Thank you for your letter of July 19, 2012 confirming that the Board has reappointed our
fmn as School Attorney for the 2012-13 school year.
We are pleaSed to continue to be of service to you and your Board of Education, and
appreciate 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