ALICE E. ROKER REGISTRAR OF VITAL STATISTICS TOWN CLERK TELEPHONE 914 962-5722 EXT. 209 FAx 914 962-6591 [email protected]

TOWN OF YORKTOWN 363 UNDER HILL AVENUE, P.O. BOX 703 YORKTOWN HEIGHTS, N.Y. 10598

TO: NYS Governor David A. Paterson US Senator Kirsten Gillibrand US Senator Charles E. Schumer US Congressman John Hall NYS Senate Majority Leader John L. Sampson NYS Senate President Pro Tern Malcolm A. Smith Chairman Kevin Burke of Consolidated Edison, Inc. NYS Public Service Commission NYS Department of Environmental Conservation Members of the State Legislature Members of the Westchester County Legislature Local Municipalities

FROM: Alice E. Roker Town Clerk

RE: A resolution adopted by the Town Board of the Town of Yorktown At its April 20, 2010 meeting

DATE: April 20, 2010

Enclosed please find a resolution passed by the Town Board of the Town of Yorktown reaffirming its requests that Consolidated Edison of New York cease implementation of the New York State Public Service Commission's "Enhanced Transmission Right of Way Management Practice" rules and further reaffirming its request that the New York State Public Service Commission rescind or undertake a review of same.

If you have any questions, please do not hesitate to contact the Town Clerk's Office at 914-962- 5722 ext. 208. ALICE E. ROKER REGISTRAR OF VITAL STATISTICS TOWN CLERK TELEPHONE 914 962-5722 EXT. 209 FAx 914 962-6591 [email protected]

TOWN OF YORKTOWN 363 UNDERHILL AVENUE, P.O. BOX 703 YORKTOWN HEIGHTS, N.Y. 10598

This is a resolution adopted by the Town Board of the Town of Yorktown at its meeting held on April 20, 2010.

WHEREAS, the Yorktown Town Board continues to receive numerous complaints from property owners throughout the Town of Yorktown on whose property, or adjacent to whose property, Consolidated Edison Company of New York, Inc., ("Con Edison") has an easement or right-of-way for the erection and maintenance of high voltage towers and wires, concerning the cutting and/or removal of trees and other vegetation thereon by Con Edison and/or by contractor(s) hired by Con Edison for that purpose; and

WHEREAS, Con Edison has asserted that its tree clearing activities are mandated by rules adopted by the New York State Public Service Commission ("PSC") "Requiring Enhanced Transmission Right of Way Management Practices by Electric Utilities" in Case 04-E-0822 issued and effective June 20, 2005 ("PSC's Rules"); and

WHEREAS, the tree clearing activities allegedly mandated by the PSC's Rules have been implemented in an arbitrary and intermittent manner; and

WHEREAS, Con Edison's interpretation and implementation of PSC's Rules has resulted in the unlawful and unreasonable cutting of trees in such a way that often amounts to unnecessary clear-cutting, excessive and unsightly debris piles, and extreme vegetation removal that exposes bare soil in the entire easement area and beyond resulting in a "scorched earth" appearance (hereinafter referred to as "Scorched Earth Practice"); and

WHEREAS, Con Edison has not provided adequate public notice of its plans to implement the PSC Rules, including failure to properly survey affected properties and failure to communicate with affected property owners regarding the work that is to be performed by contractors of Con Edison; and

WHEREAS, a lack of an appropriate communication and complaint handling protocol between Con Edison, its contractors, PSC and the public has caused significant frustration and exacerbated the problem; and

WHEREAS, the PSC has failed to properly oversee Con Edison's implementation of its transmission vegetation management plan, resulting in unnecessary economic, environmental, and aesthetic harm to numerous property owners and communities; and

WHEREAS, the PSC's Rules were not accompanied by a fair and adequate environmental review, as only a limited, inaccurate review was conducted, with little notification to the affected public; and WHEREAS, the PSC's Rules remain unrevised, even though the North American Electric Reliability Corporation ("NERC"), under authority provided by Congress in the Energy Policy Act of 2005, has developed national transmission vegetation management standard FAC- 003-1 in 2007 and as of January 2010 is reviewing a revised standard FAC-003-2; and

WHEREAS, the Yorktown Town Board has consulted with experts that believe that given the size and location of many of the trees being removed, the trees are not now, nor in the future, likely to reach or otherwise interfere with Con Edison's transmission lines and towers; and

WHEREAS, the Yorktown Town Board believes that the PSC's Rules, to the extent the Rules actually mandate the Scorched Earth Practice being employed by Con Edison and/or Con Edison's interpretation of the regulations far exceed those steps reasonably required to protect Con Edison's transmission assets and the legitimate public interest in maintaining an uninterrupted flow of power through the region; and

WHEREAS, the Yorktown Town Board believes that Con Edison's scorched earth practice, as it is being implemented in Westchester County's densely populated suburban communities, violates the real property rights of the immediately affected property owners and otherwise adversely affects the legitimate land use interests of the residents of Westchester County, resulting in unsightly visual impacts, unnecessary and uncontrolled erosion due to denuded land, and the virtual decimation of carefully planned and maintained buffers; and

WHEREAS, there are equally important town, county and state laws that must be enforced and honored, which regulate land usage, zoning, permits, land preservation, easement agreements, trespassing outside of legal easements and right-of-ways, that are being violated and ignored by the Public Service Commission and Con Edison in the adoption and implementation of this Scorched Earth Practice; and

NOW THEREFORE BE IT RESOLVED, that the Yorktown Town Board reaffirms its resolution dated March 2, 2010 demanding that the New York State Public Service Commission direct Con Edison to immediately cease its Scorched Earth Practice, until such time as there has been a full, open public examination by the PSC, within the communities affected, as to the conditions that exist and the management steps required to be taken in Westchester County, to ensure compliance with town, county and state law and to revisit the PSC Rules as being interpreted by Con Edison and to make adjustments to same so that certain goals can be achieved, including but not limited to (i) preservation of non-offensive vegetation, (ii) control of erosion and run-off, (iii) retention and maintenance of sight lines and integrity of the residential appearance, (iv) retention and maintenance of vegetation providing noise abatement, (v) preservation of woodland and wetland habitats to the greatest extent possible, (vi) avoidance of herbicide use for vegetation management, but if required, that only herbicides approved by NYS DEC for use along wetlands and watercourses be utilized, and (vii) compliance with local and state laws; and that the Yorktown Town Board:

FURTHER REAFFIRMS that Con Edison should further be directed to implement a full mitigation plan, establish a proper plan of public notification of future work sites, establish a management plan that requires it to properly remove and dispose of all debris generated by its clearing and/or cutting activities within three weeks, including but not limited to the remnants of any tree cut or cleared from its easements or other right-of-ways, as well as to develop a replanting plan whereby any tree removed as undesirable is replaced with a more desirable and right-of-way compatible species and not by seedlings but rather more mature trees. Such replanting plan should apply both going forward and to those areas already affected by Con Edison's clearing activities; and be it further

RESOLVED, that the Yorktown Town Board further reaffirms that Congress enact legislation requiring the North American Electric Reliability Corporation to include proper environmental review, dispute resolution, and mitigation and restitution measures in the revision of its transmission vegetation management standard; and be it further

RESOLVED, that the Town of Yorktown Attorney continues to see what actions can be taken with regard to the PSC's Rules and the way these have been implemented in Westchester County and to take whatever actions may be necessary to achieve the goals stated herein, including but not limited to initiating litigation against Con Edison or bringing a proceeding against the Public Service Commission on behalf of the Town of Yorktown citizens; and be it further

RESOLVED, that the Town of Yorktown Clerk be and is hereby authorized and directed to once again send a certified copy of this resolution to U.S. Senators Charles Schumer and Kirsten Gillibrand; U.S. Representative John Hall; New York State Governor ; New York State Senator Vincent L. Leibell, III; New York State Assembly Member Gregory Ball; the President Pro Tem of the New York State Senate; the Speaker of the New York State Assembly; the Majority and Minority Leaders of New York State Senate and Assembly; Westchester County Executive Robert Astorino, Westchester County Board of Legislators Chairman Kenneth Jenkins, Westchester County Legislators Michael Kaplowitz and John Testa, Chairman Kevin Burke of Consolidated Edison, Inc.; the New York State Public Service Commission; the New York State Department of Environmental Conservation and to such other persons as the Clerk, in his discretion, may deem proper in order to effectuate the purpose of this resolution.

Date: April 22, 2010

To: NYS Governor David A. Paterson cc: US Senator Kirsten Gillibrand US Senator Charles E. Schumer US Congressman John Hall NYS Senate Majority Leader John L. Sampson NYS Senate President Pro Tem Malcolm A. Smith NYS Senator Eric L. Adams NYS Senator Joseph P. Addabbo Jr. NYS Senator James S. Alesi NYS Senator Darrel J. Aubertine NYS Senator John J. Bonacic NYS Senator Neil D. Breslin NYS Senator John A. DeFrancisco NYS Senator Ruben Diaz Sr. NYS Senator Martin Malave Dilan NYS Senator Thomas K. Duane NYS Senator Pedro Espada Jr. NYS Senator Hugh T. Farley NYS Senator John J. Flanagan NYS Senator Brian X. Foley NYS Senator Charles J. Fuschillo Jr. NYS Senator Martin J. Golden NYS Senator Joseph A. Griffo NYS Senator Kemp Hannon NYS Senator Ruth Hassell-Thompson NYS Senator Shirley L. Huntley NYS Senator Craig M. Johnson NYS Senator Owen H. Johnson NYS Senator Jeffrey D. Klein NYS Senator NYS Senator Carl Kruger NYS Senator Andrew J. Lanza NYS Senator William J. Larkin Jr. NYS Senator Kenneth P. LaValle NYS Senator Vincent L. Leibell III NYS Senator Thomas W. Libous NYS Senator Elizabeth C. O'Connor NYS Senator Carl L. Marcellino NYS Senator George D. Maziarz NYS Senator Roy McDonald NYS Senator NYS Senator Thomas P. Morahan NYS Senator Michael F. Nozzolio NYS Senator George Onarato NYS Senator Suzi Oppenheimer NYS Senator Frank Padavan NYS Senator Kevin S. Parker NYS Senator Bill Perkins NYS Senator Michael H. Ranzenhofer NYS Senator Joseph E. Robach NYS Senator Stephen M. Saland NYS Senator John L. Sampson NYS Senator Diane J. Savino NYS Senator Eric T. Schneiderman NYS Senator Jose M. Serrano NYS Senator James L. Seward NYS Senator Dean G. Skelos NYS Senator Malcolm A. Smith NYS Senator Daniel Squadron NYS Senator William T. Stachowski NYS Senator NYS Senator Antoine M. Thompson NYS Senator David J. Valesky NYS Senator Dale M. Volker NYS Senator George H. Winner Jr. NYS Senator Catherine M. Young NYS Senator / Committee on Local Government, Andrea Stewart-Cousins NYS Assemblyman Peter J. Abbate Jr. NYS Assemblyman Marc S. Alessi NYS Assemblyman Tom Alfano NYS Assemblyman George Amedore NYS Assemblyman Carmen E. Arroyo NYS Assemblyman Jeffrion L. Aubry NYS Assemblyman Jim Bacalles NYS Assemblyman NYS Assemblyman William A. Barclay NYS Assemblyman Bob Barra NYS Assemblyman Inez D. Barron NYS Assemblyman NYS Assemblyman Michael Benjamin NYS Assemblyman Jonathan L. Bing NYS Assemblyman William F. Boyland Jr. NYS Assemblyman Philip Boyle NYS Assemblyman James F. Brennan NYS Assemblyman Richard L. Brodsky NYS Assemblyman Alec Brook-Krasny NYS Assemblyman Daniel J. Burling NYS Assemblyman Marc W. Butler NYS Assemblyman Kevin A. Cahill NYS Assemblyman Nancy Calhoun NYS Assemblyman Karim Camara NYS Assemblyman Ron Canestrari NYS Assemblyman Ann-Margaret Carrozza NYS Assemblyman Robert J. Castelli NYS Assemblyman Nelson L. Castro NYS Assemblyman Joan K. Christensen NYS Assemblyman Barbara M. Clark NYS Assemblyman NYS Assemblyman James D. Conte NYS Assemblyman Vivian E. Cook NYS Assemblyman Jane L. Corwin NYS Assemblyman Marcos A. Crespo NYS Assemblyman Clifford W. Crouch NYS Assemblyman NYS Assemblyman NYS Assemblyman Francine DelMonte NYS Assemblyman Michael G. DenDekker NYS Assemblyman RoAnn M. Destito NYS Assemblyman NYS Assemblyman Janet L. Duprey NYS Assemblyman NYS Assemblyman Joseph A. Errigo NYS Assemblyman Adriano Espaillat NYS Assemblyman Herman D. Farrell Jr. NYS Assemblyman Ginny Fields NYS Assemblyman NYS Assemblyman Michael J. Fitzpatrick NYS Assemblyman Denis H. Gabryszak NYS Assemblyman Sandra Galef NYS Assemblyman David F. Gantt NYS Assemblyman Michael N. Gianaris NYS Assemblyman Vanessa L. Gibson NYS Assemblyman Joe Giglio NYS Assemblyman Deborah J. Glick NYS Assemblyman Tim Gordon NYS Assemblyman Richard N. Gotfried NYS Assemblyman Aileen M. Gunther NYS Assemblyman NYS Assemblyman Jim Hayes NYS Assemblyman Carl E. Heastie NYS Assemblyman NYS Assemblyman Dov Hikind NYS Assemblyman Earlene Hooper NYS Assemblyman Sam Hoyt NYS Assemblyman Janele Hyer-Spencer NYS Assemblyman Rhoda Jacobs NYS Assemblyman Ellen Jaffee NYS Assemblyman Hakeem Jeffries NYS Assemblyman Susan V. John NYS Assemblyman Tony Jordan NYS Assemblyman Brian Kavanagh NYS Assemblyman NYS Assemblyman Brian M. Kolb NYS Assemblyman David Koon NYS Assemblyman Rory I. Lancman NYS Assemblyman George S. Latimer NYS Assemblyman Charles D. Lavine NYS Assemblyman Joseph R. Lentol NYS Assemblyman Barbara Lifton NYS Assemblyman Peter D. Lopez NYS Assemblyman Vito J. Lopez NYS Assemblyman Donna A. Lupardo NYS Assemblyman William Magee NYS Assemblyman William B. Magnarelli NYS Assemblyman Alan Maisel NYS Assemblyman Margaret M. Markey NYS Assemblyman Nettie Mayersohn NYS Assemblyman David G. McDonough NYS Assemblyman John J. McEneny NYS Assemblyman Tom McKevitt NYS Assemblyman Grace Meng NYS Assemblyman Joel M. Miller NYS Assemblyman Michael Miller NYS Assemblyman Joan L. Millman NYS Assemblyman Marcus Molinaro NYS Assemblyman Joseph D. Morelle NYS Assemblyman Dean Murray NYS Assemblyman NYS Assemblyman Daniel J. O'Donnell NYS Assemblyman Thomas F. O'Mara NYS Assemblyman Bob Oaks NYS Assemblyman Felix Ortiz NYS Assemblyman William L. Parment NYS Assemblyman NYS Assemblyman Crystal D. Peoples-Stokes NYS Assemblyman Jose R. Peralta NYS Assemblyman N. Nick Perry NYS Assemblyman Audrey I. Pheffer NYS Assemblyman Adam Clayton Powell, IV NYS Assemblyman J. Gary Pretlow NYS Assemblyman Jack Quinn NYS Assemblyman Annie Rabbit NYS Assemblyman Andrew P. Raia NYS Assemblyman Phil Ramos NYS Assemblyman Bill Reitch NYS Assemblyman Bob Reilly NYS Assemblyman Jose Rivera NYS Assemblyman NYS Assemblyman Peter M. Rivera NYS Assemblyman Annette Robinson NYS Assemblyman Linda B. Rosenthal NYS Assemblyman Addie J. Russell NYS Assemblyman Joseph S. Saladino NYS Assemblyman Teresa R. Sayward NYS Assemblyman William Scarborough NYS Assemblyman Michelle Schimel NYS Assemblyman NYS Assemblyman Mark J. F. Schroeder NYS Assemblyman Dede Scozzafava NYS Assemblyman Frank K. Skartados NYS Assemblyman Mike Spano NYS Assemblyman Al Stirpe NYS Assemblyman Robert K. Sweeney NYS Assemblyman James Tedisco NYS Assemblyman Fred W. Thiele, Jr. NYS Assemblyman NYS Assemblyman Michele R. Titus NYS Assemblyman Lou Tobacco NYS Assemblyman Darryl C. Towns NYS Assemblyman David R. Townsend NYS Assemblyman Helene E. Weinstein NYS Assemblyman Harvey Weisenberg NYS Assemblyman Mark Weprin NYS Assemblyman Keith L. T. Wright NYS Assemblyman Kenneth Zebrowski NYS Speaker of the Assembly, Westchester County Executive Westchester County Legislator John G. Testa Westchester County Legislator Michael B. Kaplowitz Westchester County Legislator Peter Harckham Westchester County Legislator John Norma Westchester County Legislator William J. Ryan Westchester County Legislator Martin Rogowsky Westchester County Legislator Judith A. Myers Westchester County Legislator William E. Burton Westchester County Legislator Vito J. Pinto Westchester County Legislator Alfreda A. Williams Westchester County Legislator James Maisano Westchester County Legislator Thomas J. Abinanti Westchester County Legislator Lyndon Williams Westchester County Legislator Bernice Spreckman Westchester County Legislator Gordon A. Burrows Westchester County Legislator Ken Jenkins, Chairman Westchester County Legislator Jose I. Alvarado Westchester County Clerk Timothy Idoni Yorktown Town Supervisor Susan Siegel Bedford Town Supervisor Lee V.A. Roberts Eastchester Town Supervisor Anthony S. Colavita Greenburgh Town Supervisor Paul J. Feiner Harrison Town Supervisor / Mayor Joan B. Walsh Lewisboro Town Supervisor Charles Duffy Mamaroneck Town Supervisor Valerie Moore O'Keefe Mount Kisco Town/Village Mayor J. Michael Cindrich Mount Pleasant Town Supervisor Joan Maybury New Castle Town Supervisor Barbara S. Gerrard North Castle Town Supervisor William Weaver North Salem Town Supervisor Warren J. Lucas Ossining Town Supervisor Catherine A. Borgia Pound Ridge Town Supervisor Marianne Vitelli Rye Town Supervisor Joseph Carvin Somers Town Supervisor Mary Beth Murphy File STATE OF NEW YORK COUNTY OF WESTCHESTER Office of the Clerk of the ss: TOWN OF YORKTOWN

This is to certify, that I, Alice E. Roker, Town Clerk of the Town of Yorktown in the said

County of Westchester, have compared the foregoing copy of the RESOLUTION passed by the

Town Board of the Town of Yorktown at its April 20, 2010 meeting, with the original now on file in this office, and that the same is a correct and true transcript of such affidavit.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this 22nd day of APRIL, 2010.

(SEAL)