Town could be leaving energy co-op after 10 years
Muir Woods close to vote
by JESSICA L. FINCH Associate Editor

Supervisor Satish Mohan said the Town of Amherst is not definitely leaving the Amherst Utility Cooperative, but he wants to see more competitive prices.

The AUC, formed in 1998, includes the town, the Village of Williamsville, the town's three public school districts and three fire districts.

Although the AUC was founded as a way to save on energy costs, Mohan said he doesn't think that is the case.

"Last October, we invited bids, and they were for $60 a megawatt hour. The market rate was $50," he said.

Since Mohan started researching the possibility of leaving the cooperative, concern about the future of the AUC has been circulating among those involved.

Council Member Dan Ward attempted to re-engage the town through a resolution at the town's Nov. 19 meeting, but his motion was not allowed to be presented.

"It's an issue of authority," Ward said. "He used his power to unilaterally pull the town out after 10 years."

Ward added that the AUC was founded in good faith as a form of regionalism. To make the decision without holding a meeting with the Town Board was not how Mohan should have addressed the issue, Ward said.

While Ward is in favor of exploring possible changes if lower prices can be found, the council member said Mohan's actions were an attempt to micromanage.

When the resolution was presented on Nov. 19, Mohan said it was out of order and wouldn't allow it to be presented. Ward called Mohan's actions a "stunt," saying he should have been able to present his resolution for a vote.

The Williamsville Central School District has addressed the issue, concerned about how the town's leaving the AUC would affect the schools.

A letter signed by three district administrators was sent to Roger Cominsky of Hiscock and Barclay, LLP, the attorney for the AUC. In it they stated that Mohan had withheld energy bill payments.

"The recent decisions by representatives of the Town of Amherst concerning how it participates in the AUC have all but eliminated the ability of the cooperative to function as intended," the letter stated.

The letter went on to ask Cominsky to contact the town, asking it to participate as an equal member of the AUC.

Village of Williamsville Trustee Basil Piazza has been the liaison to the AUC and said Mohan's actions are risky.

The town is currently part of the AUC's gas contract, but not for electricity.

"The AUC rate is locked in but now the town rate depends on the market, which changes daily," he said. "He's taking a risk."

He estimated that an un unexpected rise in the market rate could cost $40,000-$50,000 a month.

Piazza said he doesn't understand why Mohan doesn't trust the AUC, which is given wholesale prices by buying directly from distributors. Each year the AUC considers new bids.

"The key to the savings, is we are a wholesale purchaser," he said.

Piazza said the issues started in April 2007 when Mohan caused a delay in accepting a contract and then refused to accept the bids in October for electric.

"The AUC is unhappy with how (Mohan) is controlling how we go out to bid," he said. "I don't know why he doesn't think we are doing a good job."

He estimates the AUC has saved $4 million in utility costs since its founding.

Piazza said a meeting is set for 10 a.m. Tuesday, Dec. 11 at the town's engineering department for the AUC.

The town pays $3.8 million a year in gas and energy utilities, and Mohan said a 20 percent difference in the bill is an issue. According to Mohan, the town is approximately 50 percent of the AUC, and it manages the program and then bills the separate groups for their portions.

He added that if the bid prices for the AUC are higher than market value then he will go directly to market.

In other matters, the Planning Department presented an update in regard to the Muir Woods project at Monday's work session.

After six years of work, the Town Board could be ready to issue the findings statement on Monday. The motion is necessary before the proposed use of the land can be amended.

The multi-use development has been scaled back from 1.8 million square feet of development to 700,000 of commercial space, on 110 acres. The original proposal was for 144 acres of development. Residential units were reduced from 200 units to 136.

The development will have four sites - A through D, comprising multi-use functions, office space, retail and residential.

If developed, Muir Woods will be located between Dodge and North French roads, west of Campbell Boulevard.

An Environmental Impact Statement, part of the State Environmental Quality Review Act, was submitted by the developer and then subject to comment. That became the Draft Environmental Impact Statement and then the Final Draft Environmental Impact Statement, both of which have been accepted by the Town Board.

Main issues addressed were traffic, wetlands and drainage. The studies recommend extending John James Audubon Parkway to North French Road and building an alternate access to Campbell Boulevard - necessary for emergency safety.

It stated that 16.5 acres of state wetlands would be impacted.

The developer will be required to clean and debrush town ditches and provide easements and to maintain any ponds and sand filters.

The Planning Department is scheduled to submit the draft finding statement to the Town Board today, allowing for review before Monday's meeting. The document is available for residents to review in the council office in Town Hall, 5583 Main St., Williamsville.

The board did not decide on Monday whether or not it planned to vote at the Dec. 3 meeting, but several members indicated a preference to hold the vote prior to the start of a new board after the first of the year.

Muir Woods was first proposed in 2002 as part of the 3,000-acre Audubon New Community Development area. Ciminelli Development Company Inc. is the sponsor of the project.

Sean Hopkins of Hopkins, Garas & Sorgi, PLLC, who is representing the developer, said the findings statement is similar to declaring a negative impact. The project would then be subject to site plan approvals through the Planning Board, which includes additional public hearings.