lyme request for iv funding

7/30/2019 Lyme Request for IV Funding

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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 fo r intervenor funds in the following Article 10 case before the NYS Board on

Electric Generation Siting and the Environment:Case Number: 12-F-0410Title of Case: App 1 i cati on of Cape Vi ncent Wi nd Power, LLC for a Certi fi catof Environmental Compatability and Public Need to constructan approximate 200-285 Mega Watt WInd Energy Facility in the

Town of Cape Vincent, New York.Name of Party: Town of Lyme

Contact Person: Scott Aliberti ne, Supervisor or Mark G. Gebo, Esq;;Firm Name: Town of Lyme

Contact Address: PO Box 66Chaumont, New York" 13622Hrabchak, Gebo &Lanonge, PC216 Washington Street, STE 30Watertown, New York 13601

Contact Telephone Number: (315) 649-2788 (315) 788-5900Contact E-mail Address:[email protected]@gebolaw.com

Amount of Funds Requested: Up to the Maximum of:$ 3,000.008,000.00$11,000.00

Legal ServicesEngineering ServicesFor Assistance with the PSS and stipulation phase.Page RFIF-1


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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)

ool(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 communi ty who may be collectively affected by the proposed majorelectric generating facility]Provide a statement of the number of persons the requesting party represents:The Town of Lyme is representing itself.

l(b) Provide a statement of the nature of the interests the requesting party represents:The Town of Lyme has been granted intervenor status. The Town of Lyme is affected by the project due to the proximity of the proposedtowers to the Town boundaries and the fact that the transmission line for the power generated will be located in the Town of Lyme.

2(a) Provide a statement of the efforts that have been made to obtain funds from other sources:The Town of Lyme has no separate agreement with the Oeveloper to reimburse it as no application has been made to the Town of Lyme.The only other source of funds available would be tax payer money as surplus funds in the Town budget

2(b) Provide a statement of the availability of funds from the resources of the requesting party:As a municipality, the Town of Lyme is subject to a 2% tax cap. As a small municipality, the funds requested would raise the tax rate of theTown over 1% by itself. The Town cannot do this and stay within the 2% tax cap without exhausting its reserves. This would leave the Townand its citizens at risk.

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

3(a)

o

None known other than the intervenor funds.

Indicate the type offunds being sought: (Check one)PreApplication Stage Funds [Generally available upon the filing by the Project Applicant of a Preliminary ScopingStatement (PSS))Appli cation Stage Funds [Generally available upon the filing by the Project Applicant of an Article 10 Application]

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

up toup to $ 3,000 for Legal Services8,000 for Engineering Services$11.000 To!a!

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:1) Legal Services by Mark G. Gebo, Esq., of Hrabchak, Geba & Langone, PC. Contract and resume attached at Exhibit "A"2) Engineering services by Kris Dimmick of Bernier, Carr & Associates. Contract and resume attached as Exhibit "8".

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IF NECESSARY, ATTACH 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 astatement of the necessary professional qualifications for the person:N/A

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:Bernier, Carr & Associates is also providing services to the Town of Cape Vincent. Separate application is made by the Town of Lyme as theTown of Lyme issues are distinct from the Town of Cape Vincent. Cape Vincent is focused on the towers. Lyme is focused on thetransmission line.

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IF NECESSARY, ATTACH 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:See Exhibit "A" and "6"

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:See Exhibit "A" and "6"

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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 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:The Town of Lyme is a small Town with no prior experience with the Article X process. The Town Board consists of five elected officials forwhom Board membership is a part time pursuit. None of the Board Members or other employees of the Town have experience or expertisesufficient to analyze and understand the processes and procedures or to conduct a detailed review of the Preliminary Seoping Statement(PSS).Legal Services are needed to assure understanding of and compliance with procedures. Counsel wi!! also be consulted as to legal issuesinvolving the project as a whole and compliance with focal, State and Federal Rules and Regulations. Legal services wi!! be utilized to helpdraft, review and/or advise on responses to the PSS and other instruments required during the PSS review process.Engineering services are needed to help review technical elements of the PSS for adequacy and to advise the Town Board on anydeficiencies or corrections needed. The engineers wfll assist the Town in preparation of responses to the PSS. The engineers will also helpeducate Board Members as to engineering and design options as they might affect the Town.

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IF NECESSARY, ATTACH 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 wil l contr ibute to thecompilation of a complete record as to the appropriateness of the site and facility and will facilitatebroad participation in the proceeding.The consultants to be employed by the Town of Lyme wi!! help to provide as complete a record as possible for the Siting Board. By analyzingand commenting on the issues that affect the Town of Lyme, particularly with the transmission line, it will help to give the Siting Board a fullpicture of the overall impacts of this project, not just the towers. Becau se of the length of the transmission line and sensitive areas which itwill cross, including valuable and scenic waterfront properties and vistas, it is believed that the Town of Lyme's input wi!! provide perspectivethat other intervenors will not. By having the Town of Lyme consultants focus on these issues, it will provide a full and complete discussion ofconcems that arise based from the transmission lines location in the Town of Lyme

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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:

None planned at this time.

7(b) For any study to be performed, a description of the methodology and a statement of the rationalesupporting the methodology:See 7a.

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:See 7a.

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IF NECESSARY, ATIACH 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 a

statement of the rationale supporting the timing proposed:See 7a.

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:None planned at this time. In response to the PSS, the Town of Lyme identified several areas requiring more study. It is hoped that theSiting Board will direct the applicant to perfonn these studies which can then be further analyzed by the Town.

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.

See Exhi bits "A" & "B"

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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:

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"A"


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HRABCHAK, GEBO & LANGONE, P.C.ATTORNEYS AT LAW

MARK G. GEBOEUGENE J. LANGONE, JR.

Apr i l 30, 2013

Scot t Aubert ine, SupervisorTown of LymePO Box 66Chaumont, New York 13622

216 WASHINGTON STREETSUITE 300

WATERTOWN, NEW YORK 13601(315) 788-5900TELECOPIER (315) [email protected]

ROBERT R.I-lRABCHAK(1957-1995)

Re: Town of Lyme - A rt i c l e X - Cape Vincent Wind FarmDear Mr. Aubert ine:

This w i l l confirm t h a t t h i s o f f i ce has agreed to o f fe r l ega lcounsel se rv ices re l a t ive to ass i s tance in review of thePre l iminary Scoping Statement (PSS) for the Cape Vincent WindFarm. I t i s our understanding t h a t our se rv ices in t h i s regards h a l l inc lude1. Review of the PSS;2. Formulat ing comments on the PSS;3. Meeting with Town Off ic ia l s and Consul tants on reviewo f PSS;4. Rendering advice on procedura l i s sues re l a t ive to the

PSS; and5. Being avai lab le fo r t e lephone conferences and meetingsand needed.This o f f i ce ac ts as genera l counse l to over t h i r t y (30)communities in Northern New York and more pa r t i cu la r ly withre spec t to Wind Farms, Mr. Gebo served as genera l counsel to theTown o f Martinsburg and Harr isburg in Lewis County with respectto th e development the Maple Ridge Wind Pro jec t and the RoaringBrook Wind Pro jec t in th e Town of Martinsburg. Mr. Gebocur ren t ly ac t s as sp ec i a l counsel to the Town of Denmark withr e spe c t to the Copenhagen Wind Farm p ro j ec t and has providedserv ices to the Town of Cape Vincent with re spec t to the S t.Lawrence Wind p ro j ec t and i s capable t he re fore , of providing these rv ices r equ i r ed .

Rates w i l l be charged a t $135.00 per hour fo r the counselse rv ices provided and Legal Assi s t an t t ime w i l l be charged a t$ 60.00 per hour with a maximum of $3,000.00. Bi l l s wil l berendered on a monthly bas i s with payment expected within th i r ty(30) days . Each b i l l w i l l conta in a deta i led l i s t i n g of every


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HRABCHAK, GEBO & LANGONE, P.C.ATTORNEYS AT LAW

date on ,"hich "ork i s performed, a descr ip t ion of the workperformed on t h a t date , the person performing the work and thet ime it took to perform t h a t task . Out of pocket expenses wil la lso be b i l l ed on a cos t bas is . Out of pocket expenses include,but are not l imi ted to : postage, photocopies, long distancetelephone ca l l s , mileage, recording charges, abst ract ing fees,etc-. These wi l l also be de ta i led in each monthly b i l l , withpayment expected within th i r ty (30) days, unless some otherarrangement i s made.I f these terms are agreeable to the Town, please so indicateby countersigning and returning one copy of th i s l e t t e r where

indicated .

MGG:decEnclosureRead and agreed to----1- day of V V l a . ~ t h i s2013.

B Y : ~ ~

Very t ru ly yours ,

Scot t Aubertine, Supervisor

P.c.


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EDUCATION:REGISTRATION/CERTIFICATION:

CLIENTRESPONSIBILITIES:

CORPORATERESPONSIBILITIES:

EXPERIENCE:

CIVIC AND PUBLICAFFILIATIONS:

Mark G. Gebo, Esq.Hrabchak, Gebo & Langone, P.e.

State University at Albany, BA 1974Cornell Law School JD 1977

Member ofNew York State BAR AssociationMember of Jefferson County BAR AssociationAdmitted to Practice State of New York since 1978.

Mr. Gebo conducts a general practice law focusing on representingmunicipalities. He has represented municipalities since 1980. Assuch, he has represented municipalities as both general and specialcounsel in a wide variety of topics including land use topics. . Mr.Gebo also is a Red Book listed bond counsel providing services tothe communities in Northern New York. The firm cUlTentiy servesas general counsel to over thirty towns and villages and acts asspecial counsel to many others.

The finn of Hrabchak, Gebo & Langone, P.C., is a firm consistingof two attorneys. Mr. Gebo is the only remaining foundingmember and the President of the finn which formed initially asHrabchak & Gebo, P.C. in June of 1991.More specifically to wind projects, Mr. Gebo served as generalcounsel to the Town of Martinsburg and Harrisburg in LewisCounty with respect to the development and pennitting of theMaple Ridge Wind Project and the Roaring Brook Wind Project inthe Town ofMartinsburg. Mr. Gebo currently acts as specialcounsel to the Town of Denmark with respect to the CopenhagenWind Fmm project and has provided services to the Town of CapeVincent with respect to the St. Lawrence Wind project

Big Brothers/Big Sisters ofNorthern New York, Past PresidentUnited Way ofN0l1hern New York, Past PresidentGreater Watertown North Country Chamber of Commerce, PastPresidentAlcohol & Substance Abuse CouncilNeighbors of Watertown, PresidentFlower Memorial Library, Past PresidentJefferson County Historical Society


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"B"


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BERNIER, CARR & ASSOCIATESEngineers, Architects, and Surveyors327 Mullin StreetWatertown, New York 13601Phone (315) 782-8130' Fax (315) 782-7192

AUTHORIZATION FOR PROFESSIONAL SERVICESDATE: April 23, 2013 BC&A Project No: 2013-061PROJECTNAME: Assistance in Review of the PreliminalY Scoping Statement (PSS) for the Cape Vincenl WindFarm.OWNER:ADDRESS:

Town of Lyme12175 NYS Route 12EChaumont, New York 13622

I hereby requesl and authori2e Bernier, Carr & Associates, Engineers, Architects & Surveyors (FIRM) to perform thefollowing services:SCOPE: Assisl the Town wllh Ihe review of the PSS; assist Ihe Town in underslanding the sufficiency andcompleleness of he application; inform the Town on the potenlial impacts of he projecta. proposed

10 the residenl and properly; and assist the Town as an intervenor under Ihe Article 10 Legislation.COMPENSATION: Hourly per the Standard Rate Schedule shown on Page 2 of this document with a no l to exceedamount of $ 8,000.COMMENTS: NlAServices covered by this authori2ation shall be performed in aceanianc. with PrOVisions stated on the back of Ihis form.

PROVISIONS1. Authorization to' Proceed

Signfng this form shaU be construed as authorization by heOWNER for the FIRM to proceed with the work,2. Salary Costs

The FIRM'S Salary Costs shall be the amount ofsalariespaid the FiRM's employees for work performed on theOWNER'S project plus a stipulated percentage of suchsalaries to cover all payroll-related taxes, payments,premiums and benetils,

3. Per Diem RatesThe FIRM'S Per Diem Rates are those pubfished in theFIRM'S office, Which are charged for work perfonned ontha OWNER'S project by the FIRM'S employees of thefndicated cfessificatlons.

4. Direct ExpensesThe FIRM'S Direct Expenses shall be those costsincurred on ordirecUy for the OWNER'S project, includingbut not limited to: necessarytransponation costs includingmileage at the FIRM'S current rate, meals and lodging,laboratory lests & analyzes, computer services, printfngand binding charges. Reimbursement forthese expensesshall be on the basis ofactual charge.When fUrnished bycommercial sources and on the basis of standardcommercial charges when furnished by the FIRM.

5. Professional standardsThe FIRM shall be responsible, to the level ofcompetency presenUy maintained by other practicingProfessional Engineers, Architects, and Surveyors in thesame type of work in the OWNER'S community, for theprofessional and technical soundness, accuracy andadequacy of all deSigns, drawings and speCifICations andother work and materials furnished under thisAuthorization.

The FIRM makes no otherwarranty. express or impJred.6. TerminationEither the OWNER or Ihe FIRM may terminale thisAuthorization by giving wriuen notice to the other party. Insuch e v e n ~ the OWNER shall pay the FIRM in full fur al/work previouslYauthonzed and performed priorto effectivedate of termination. If no notice of termination is given,relationships and obligations created bythfs Authorizationshall be terminated upon complefion of all applicablereqUirements of this Authorization.7. Paymentlo the ARM. Monthly invoices will be iSSUed by the FIRM for all workperformed under the terms of this agreement lnvofees aredue and peyable within 45 days upon receipt8, limitation of liability

The FIRM'S liability to the OWNER for any cause orcombination of causes S, in the aggregate, limited to anamount no greater than the fee earned under thrsagreement9. IndemnificationA. Asbestos - For services invoMng or relating toasbes!os as part ofthis g " , e m e n ~ " i s further agreedthat Ihe OWNER shall Indemnify and hold harmlessthe FIRM and their conSUltants. agents andempfoyees from and against af! claims, damages,losses and expenses, direct and indirect. orconsequential damages, incJucffng but not fimited tofees and charges of attorneys and court arbitraUoncosts, arising out of or resuHing from Ihe performanceof the work by the FIRM, or claims against the FIRMarising from the work. of others. (elated to asbestosactivities.


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8. Hazardous Waste - Forservices involvingor relatedto hazardous waste elements of his agreement. itisfurther agreed Ihat he OWNER shall indemnify andhold harmless Ihe FIRM and their consultants.agents. and employees from and against all claims,damages, losses and expenses, direct and indirect.or consequential damages, included but not limitedto fees and charges of attorneys and court andarbitration cos1s, arising oul of or resulfing from theperformance of the work by the FIRM. or claimsagainst the FIRM arising from the work of others.related to hazardous waste.

c. The above iodemnffication provision extends toclaims against the FIRM which arise out of, arerelated to, or are based upon, the dispersal,discharge. escape, release or safuration of smoke.vapors, soot, fumes, acids, alkalis, toxic chemicals,liqUids, gases or any other material, irritant.contaminant or pot/utant In or into the atmosphere,or on, onto, upon, in or into the surface ors,,?sUrface (a) 5011. (b) waler or water-coulses. (c)objects. or (d) any tangIble or ntangible mailer.O. Design professional shall use hislher best efforts toconform the construction document to therequirements of any legislaUon protecting thedisabled, including the Americans With DisabilitiesAct and regulations thereunder (collectiVely"disabled legislation"). However, the standards fordesign practice under disabled legislation are stiUevolving. Therefore, the deSign professionals shalf

not be responsible jf any aspect of he design doesnot conform to disabled legislation and suchInterpretation was nof generafly known to Similarlysituated professionals when the plans wereprepared:.

A P p r ~ o e d fWNEBy: - - - -Title:

Date:

Standard Rate Schedule:Senior Principal .............................................. $160perhourPrincipal .............................................. $140perhourAssoclale ........................................................ $120 per hourExpert Witness Testimony............................. 8200 per hourSenior Structural Engineer ............................ $175 per hourSenior ArchifeetJEngineer .......................... . $120 perhourInlern Engineer (I.E.) ...................................... $ 90 perhourArchitecturaVEngineering Designer ............... $ 90 perhourArchltectlEngineer Technologist .................... $ 75 per hourArchitect/Engineer - Summer Intern ........"... $ 50 per hourProject Development SpeCialist .......... , ..".... $ 95 per hourSenior Project Representative ....................... $ 95 per hourProject Representative ................................... $ 75 per hourSenior C.A.D. Draftsperson ........ " .... ,. $ 75 per hourCAD. Draftsperson ....................................... $ 65 per hourField Survey Crew (t-man. N'r"S prevalfing mte) ,. $180 per hourFlerd Sunrey Crew 2.fm11l, reguIarti!l!e:) ............... $110 per hourSurvey Technician (office) ... ......................... $ 75 perhourEnvironmental Analys t ................................... $ 175per hourCode Compliance Speclalisl .......................... $175 per hourGPS Equipmenl ............................................. $ 60 per hourSupport Services ............................................ $ 50 per hour

In addition to the fees stipulated above. we shalf be reimbursedfor travel and incidental expenses as follows:Travel by Air .... , ................................................... actual costTravel by AUIo (per mile) .............. as per IRS Standard RateTravel by Field TrucWSurvsy ................................ as per IRSVehicle (per mile) Standard Rale X1.25Other Expenses ....................................... Direct Cost -+ 15%

Additional and non-customary services provided beyond theScope shall be invoiced for payment in accordance "vith theabove schedule.

Accepted for Bernier, Carr & AssociatesEngineers , r c h i t e c t s ~ and SurveyorsBy:

Title:

Date;


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Kris D. Dimmick, P.E., PWLFVice President of Operations

Education

RegistrationlCertification

ClientResponsibilities

CorporateResponsibilities

Experience

ProfessionalAffiliations

SUNY College of Environmental Science and Fo restryMaster of Science -Environmental Resource Engineering, 1991Professional Engineer: New York (License No . 067230)Public Works Leadership Fellow - Donald C. Stone Center for LeadershipExcellence in Public Works (APWA), September 2011Mr. Dimmick is responsible for all aspects of municipal and public worksengineering including water supply, treatment, and distribution; sanitarywastewater collection and treatment; transportation; storm watermanagement; site development; environmental permitting; rate studies; assetmanagement; consulting as Town Engineer to Planning Boards for land useplanning ; residential subdivision review; commercial site plans ; andoperational issues.Mr. Dimmick is responsible for client relations, new business development,quality control, coordination of cl ient service teams, managing outsidebusiness support consultants, contract consistency, and managing operationsconsistent with overall corporate goals and objectives.Mr. Dimmick started his career in 1985, became licensed in 1990, and joinedBernier Carr & Associates in 1991 . Mr. Dimmick has specific expertise incommunity assistance and project development, funding, design, construction,and operations of Public Works.National Society of Professional Eng ineersAmerican Society of Civil EngineersAmerican Public Works AssociationAmerican Consulting Engineering CouncilNYS Chapter Director and Alternate Delegate - American Public WorksAssociationPast Chair - CNY Branch of the American Public Works Association (2010 & 2011 )Evaluator - NYS PIE (#M000166-E04)

ERNIER CARR & ASSO CIATES327 Mullin StreetWatertown, New York 13601T (31 5) 782-8 130 F (3 15) 78 2-7192www .thebcgroup .com


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Kris D. Dimmick, P.E., PWLFVice President of OperationsCivic/PublicAffiliations

Publications

Affiliate Member - FDRLOAffiliate - AUSAGraduate - 2005 Tug Hill Leadership InstituteMember - NYS Board of Electrical Generation Siting and the EnvironmentMember - SUNY ESF Environmental Resource Engineering Advisory CouncilMember - Public Management & Finance Program, Environmental FinanceCenter, Syracuse Center of ExcellencePast Member - Town of Hounsfield Republican CommitteeParticipant - Eisenhower Series College Program, March 28, 2008, inWatertown, New YorkParticipant - 55th Annual National Security Seminar, US Army War College,June 2009Assistant Coach (Fall 2010 to 2012) - Watertown Pop Warner FootballScholarship Coordinator - Watertown Pop Warner FootballGeotextile Edge Drain DeSign and Specification by Expert System, 1991"Town of LeRay Commercial Corridor Planning - How a Small Town in NNY isGetting What They Planned For"; APWA REPORTER, June 2011"Integrating Green Infrastructure into a Wastewater Treatment Plant Project inSackets Harbor, New York"; APWA Reporter, January 2012

327 Mullin StreetWatertown, New York 13601

lyme request for iv funding

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