Town of Mount Hope Town Board Meeting August 3rd, 2020
The regular meeting of the Town Board of the Town of Mount Hope was held at Town Hall on August 3, 2020 at 7:30pm with the following present: Supervisor Chad Volpe, Councilman Matt Howell, Councilman Brian Carey, Councilman Jim Jennings, Councilman Christopher Furman and Kathleen Myers, Town Clerk.
OFFICIALS PRESENT: Chief P. Rickard, Deputy Chief M. Maresca, Town Attorney D. Bavoso, Highway Supt. D. Hassenmayer.
Supervisor Volpe called the public hearing for proposed local law #5-2020 “Creating Regulations for the Installation & Use of Battery Energy Storage Systems” to order at 7:30PM, following the Pledge of Allegiance.
7:30PM: PUBLIC HEARING FOR PROPOSED LOCAL LAW #5-2020 CREATING REGULATIONS FOR THE INSTALLATION AND USE OF BATTERY ENERGY STORAGE SYSTEMS:
Supervisor Volpe called the public hearing to order following the Pledge of Allegiance at 7:30pm. Town Clerk noted the legal ad is on the table. Supervisor stated we will leave the meeting open for 2 weeks because of COVID-19 and the Times Herald Record not putting the ad in when they promised us. He spoke with David (attorney) we will hold the public hearing but leave it open to receive comments. Attorney: This is a new phenomenon with the increase in the # of solar arrays that are popping up in the communities. There’s been a need for storage of the excess energy that’s generated. This is not for battery sites that are together with an array. This is more for stand alone facility. He would liken it to a warehouse just for battery storage. They may be taking energy from arrays in the town but the only use on that property would be that energy storage. This is creating rules/regulations and a framework for that. The reasons why we’ve done this is because in other towns many of these have gone to the ZBA to see how to treat them whether they are warehousing or essential services – something like that. Councilman Jennings asked what zones this would be in. Attorney: that’s the question for the board. That’s the only blank in the zoning law is what districts you would want them to go into. When you make that determination, I can consolidate that in to the law. Supervisor: wouldn’t want it in regular residential areas. Councilman Howell: we have 2 business districts outside a residential – the major area is residential agricultural (RA) then SR, which is a high dense area. Then RP-1, RP-2 – those are ridge preservation zones. I don’t know if you want this type of warehouse in this ridge zone. There are 2 separate commercial business districts, LB-1, LB-2. Supervisor: we have to take the public in to consideration – if you bought property in a commercial zone, you might expect this. If you live in a residential neighborhood, perhaps you wouldn’t think a battery plant would go next to you. He asked the board their thoughts on that. Board agreed. Supervisor: if an applicant wanted to put it somewhere else, that would trigger the ZBA? Attorney: yes, they would have to get a use variance. Councilman Howell: asked about flood plain hazard permitting. Is that an area we can exempt that from? I don’t see how water and electricity mix. Attorney: yes. That would be an impact of SEQR review anyway. Board agreed on no battery storage in a flood plain zone. Councilman Howell asked if setbacks could be added. Attorney: yes you could put a specific one otherwise you would go by the district regulations. Councilman Howell asked about the ‘berming’ like with the solar panels. Attorney: that could be added if the board would like. Councilman Howell: in terms of the setbacks and comparing them to the solar arrays, is that something we should get recommendations from our planning and zoning boards before we adopt the law? Attorney: yes. After you adopt it, it takes another local law to change it. Supervisor: ZBA has a meeting Wednesday, so it would be great to get feedback from there. Councilman Furman will talk with ZBA. Councilman Jennings will talk to planning board. He asked if our fire dept will need special chemicals for this. Supervisor: yes & training. Attorney: it’s gonna operate like any other planning board applications. They’ll have to be very specific as to what they’re doing. They still have to meet all other zoning requirements. Councilman Howell: Jim has a good point with the tools/things needed for the fire services. Is that something the developer would furnish? Attorney: generally, no. He thinks that with the increase in # of arrays, they probably have undergone some training for the battery because usually those arrays have some sort of battery storage on site as well. Typically, no I don’t think they provide it. Usually as part of the planning board process applicants will work with the local fire dept to make sure the access is there & what they need to see is there. Supervisor: I know the only battery that is being currently installed, Otisville fire has been there several times. I don’t know the ins/outs of what they’ve discussed but I believe there was actually something with the one on Finchville where they needed the fire chief to sign off on it. He had a conversation with the building dept because it was unique to him. Attorney: fire codes would apply. Hopefully, I can get you an update Wednesday/Thursday. Mary Beth Horzepa: The Willis farm already has in their plans that the battery storage facility is in with their application. Kowalczik has application in front of planning board now for battery storage separate from the solar array. There’s another in front of us on the Marcy-South lines near one of the reservoirs.
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PUBLIC HEARING CONTINUED:
Diane Loeven asked if the updated draft will be put on website. Supervisor: sure. Once we have it, we will put it on website. Ms. Horzepa asked the attorney with the ones in front of the planning board if they would be subject to this new local law. Attorney: no because they had their applications in before. Ms. Loeven asked the law that the board is talking about is only on free standing – so if there was another solar array that went in other than in the business district, they would be allowed to have the storage system on site. Attorney: pursuant to that portion of the zoning – yes.
MOTION TO ADJOURN PUBLIC HEARING TO NEXT BOARD MEETING AUGUST 17, 2020:
MOTION offered Councilman Howell 2nd Councilman Carey to adjourn this public hearing until the next board meeting on August 17, 2020. All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.
MOTION TO ACCEPT PRIOR MEETING MINUTES:
MOTION offered Councilman Jennings 2nd Councilman Howell to accept the minutes from the July 20, 2020. All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.
CORRESPONDENCE:
- Thank you note from Rose Phillips re: resource room (read into record)
- Resignation from Laura Sedita from the Board of Assessment Review effective July 16, 2020
- Budget modification from supervisor’s office
- Letter from Glen Plotsky, Atty re: Borrego Solar resolution
- Complaint re: 190 Spruce Road
- Boy Scout Troop 169 request to use pavilion on Friday nights for August & September
COMMITTEE REPORTS:
COUNCILMAN JENNINGS: village meeting is 8-6-2020 at 7pm. Planning board meets 8-19-2020 at 7pm. He spoke with the judges about the board’s findings for using the court house. He was ok with it. He reached out to him about the wand over the metal detector. He said it was feasible to use it but not recommended. Temporarily they will use it until things go back to normal. Little league called toad. They’re having their meeting this Thursday at 7pm. He and Brian will try to attend. Jim will be a little late because he will be at the village meeting at 7.
COUNCILMAN HOWELL: Had a good grand opening to the new youth center. Had a little hiccup with the fire alarm system which has been corrected. Now we are 100% operational. He received a letter from Mayor Wona in the village re: what he sent to the village and county offices about the Highland Avenue bridge replacement. He (Wona) is scheduled to have a meeting with the county specific to the project. He will address the letter with them – the necessity with what we discussed with the detour to keep things here in the village. Now it seems to be on everybody’s radar. He spoke with Leg. Sutherland at the youth center opening. She taking it to the DPW, making sure they have – the local concern that we need to get the best solution for this bridge replacement. At this point it looks like we are in good shape. Let’s keep the momentum moving forward.
COUNCILMAN FURMAN thanked Mike Romano for the fireworks display. It was pretty awesome. It was nice to honor our 1st responders in our community. The ZBA is Aug. 5th 7pm. Update for HV sewer: they did some smoke testing in the lines – weren’t able to find anything. They’ll do more testing as we get more rain to see if there’s anymore intrusion. So far there’s been nothing. We’ll be moving some compressors hopefully and the generator to cut down on the noise. Mike Romano will look at some other things to see what that’s gonna entail. The concert series – I was gonna send out letters but figured it was easier to go out on social media about asking local non-profits on our town to sell snack items at the concerts. MV Rotary will be doing it on August 4th. Otisville fire will do it on August 11th. We’ve been getting updates all day long – We’re supposed to be getting a bad storm tomorrow night & Wednesday. Looks like O&R has got there plans in place. At our grand opening – I know the board saw it – our 2 county legislators came, Tom Faggione & Janet Sutherland, they presented a plaque to us. (He read the plaque.) Wooden plaque. He will give it to Dean to hang.
COUNCILMAN CAREY: The concert tomorrow night is cancelled and pushed to Sept 1st. He thanked Mike Romano for the fireworks. He thanked Raquel & Tia Millwood for singing the Star-Spangled Banner. Hunting licenses go on sale starting Monday, August 10th. EZ passes can be purchased also at the town clerk’s office. Board of elections is looking for election inspectors. He posted those on the facebook page. He asked if the BAR opening should be posted. Supervisor would like it posted. Whoever the board picks, will fill the vacancy created by Laura Sedita. Councilman Carey asked how the BAR hearing went this year. Town Clerk Myers stated there was one. He reminded people to register to vote. He wished Councilman Furman and his wife, Haydee, a happy 7th anniversary.
SUPERVISOR VOLPE thought the grand opening went great. It was hot. He thanked the highway department for their work. More & more people are asking for the cards. He has the Rose Phillips plaque for Dean to hang. The band scheduled for tomorrow is rescheduled for 9-1-2020. He asked Brian to post this.
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HIGHWAY DEPARTMENT:
H’way Supt. Hassenmayer reported we have a tropical storm coming tomorrow. The guys spent the whole day today checking waterways, ditches, catch basins – we are prepared as can be. Everything else is going smooth.
POLICE DEPARTMENT:
Chief Rickard requested executive session for a contractual issue. Police awards will be on October 5th.
VILLAGE OF OTISVILLE:
Trustee Loeven reported they will have an opening on their planning board. Anyone interested should call Diane. Matt mentioned the meeting with the county about the bridge. They had it last week. It was a teleconference done at the attorney’s office. The mayor and deputy mayor were both there. Everything seems to be moving along as we had hoped it would. They are going to be drawing up an intermunicipal agreement to have the village help with the pre & post operation. They want to do the major part of the work themselves. They’re the ones doing the agreement. They’re going to do a little onsite visit 1st. She thanked Matt.
BOY SCOUT TROOP 169 PAVILION USE REQUEST FOR AUGUST/SEPTEMBER:
Supervisor Volpe received a letter today from Troop 169 – I think the board is not really gonna have a problem with them meeting. I think the biggest problem is they have to reach out to Dean to see if it’s actually available. They’re looking to do Friday evenings in August & September at the pavilion to have boy scout meetings. They are formally asking the board but he has no idea about rentals. Dean stated he knows Amy spoke to them this morning. He doesn’t think there are any rentals scheduled as of now. But do we want to lose any revenue that we could get? Supervisor: is it possible, I honestly think they only have 8 or 9 people. Could they use the little pavilion? Dean: the last thing we told them was to call every week. Supervisor: ok. It’s at the pleasure of the board if we want to leave it in Dean’s hands for them to call for availability. Dean will call them tomorrow and let them know we’ll go 2 weeks out with them. The board is ok with this.
COMMERCIAL MORATORIUM:
Supervisor Volpe stated he has questions and sent David an email on commercial solar. He knew a long time ago a local law was set up. And then somehow it slipped through the cracks. Then we had to do the local law again. He had somebody ask him and he thought there was still a moratorium on it. Kathleen did a little research and she said it expired. Attorney Bavoso explained that the updated zoning had a very large section on solar applications. Supervisor: I don’t know if that’s anything we needed to look at. Matt would know what’s best as far as what we changed, what we did, how we are protecting everyone. Councilman Howell: one of the main things is it allowed for specific zoning districts for the commercial zoning arrays to go. Also, part of that was recommendation at the comprehensive plan and zoning meetings to increase the setbacks. That’s why I had asked for the battery storage – if this would follow suit as along the lines of the recommendation of the solar arrays. There was a lot of specific items. David had mentioned and Jim training for the fire departments and different things specific to the solar arrays whether on a house or free standing. There was really nothing before that. Attorney: it was my understanding that the moratorium was in place because there was no solar ordinance at the time. It was kind of an emergency measure to stop those from coming in before there was something to regulate them. When we were doing the comprehensive plan & the zoning process, there was a lot of interest on the solar. We ended up with a pretty comprehensive ordinance just to take care of the solar. Unless, I don’t necessarily see a need other than if the board finds there’s something defective in that, that part of the zoning that needs to be fixed, but as I recall it was kind of a stop gap until we had at an original version and then that version was in effect until we replaced it with a product of the zoning committee. Supervisor: Matt, you spent 2 years on that. We’re covered the way it’s written? Councilman Howell: maybe some type of possibility – the screening or berming of the vegetation blocking. I don’t know if that’s a recommendation of the planning board or if it’s a mechanism of the law. Attorney: I thought it was specifically provided in there that it had to be screened and it had to be satisfactory to the planning board. But he will look at it. Councilman Howell: with the battery storage we discussed, the local law proposal is for stand alone, primary use of the batteries. If the battery system was an accessory to the solar panel, that just falls under….Attorney: that’s covered by that ordinance. Those are typically much smaller. Those are to keep what that array is producing. The facilities that the new law is contemplating is potentially taking it in from multiple sources and storing it there. It’s not tied to a specific array. Supervisor added it to the agenda to make sure we were good.
MOTION TO ACCEPT RESIGNATION FROM LAURA SEDITA B.A.R. MEMBER:
MOTION offered Councilman Carey 2nd Councilman Furman to accept the resignation from Laura Sedita from the Board of Assessment Review effective July 16, 2020. All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.
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MOTION TO APPROVE BUDGET MODIFICATION:
MOTION offered Councilman Furman 2nd Councilman Howell to approve the modification:
Increase revenue line A1255 Clerk Fees by $125 and Increase expense line A1410.4 Town Clerk c/e by $125. (Return of registration fee for town clerk conference which was cancelled.) All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.
MOTION TO AUDIT THE CLAIMS:
MOTION offered Councilman Furman 2nd Councilman Carey to approve Abstract #30 & #31:
ABSTRACT #30:
GENERAL A: #426-439 $ 76,953.94
GENERAL B: #64 $ 5,077.74
HIGHWAY: #117-119 $ 184,877.64
SEWER: #61 $ 1,086.27
AND
ABSTRACT #31:
GENERAL A: #440-445 $ 3,872.50
GENERAL B: #65-66 $ 121.50
SEWER: #62-63 $ 2,051.10
All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.
2021 BUDGET LETTERS:
Supervisor informed the board that the budget letters have gone out to the department heads. Everything is due back to him August 21, 2020.
PUBLIC PARTICIPATION:
Diane Loeven spoke re: front page of Times Herald Record. Article was on underserviced areas for high-speed internet and the negative impact it is having on people that are working from home. She asked if there was any movement on Kohler Road Spectrum issue. Attorney stated there was not any movement. He will take a look at it again.
MOTION TO ENTER INTO EXECUTIVE SESSION:
MOTION offered Councilman Carey 2nd Councilman Howell to enter into executive session at 8:11pm to discuss a police contractual issue. All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.
MOTION TO RECONVENE REGULAR MEETING FROM EXECUTIVE SESSION:
MOTION offered Councilman Furman 2nd Councilman Howell to reconvene the regular meeting from executive session at 8:40pm. NO ACTION WAS TAKEN IN THIS EXECUTIVE SESSION. All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.
DISCUSSION RE: AXON – BODY CAMERAS FOR POLICE OFFICERS:
Chief Rickard had a proposed to enter into a 5-year agreement with Axon Enterprises Inc. for body cameras. Cost for year one: $15, 475.00. Years 2, 3, 4, 5 will be $6,780.00 each year. Total = $42,595.00. First year equipment purchase $15,475.00 to be taken out of capital reserve. The money from the district attorney’s office who’s gonna partially fund will be reverted back into capital reserve fund.
MOTION TO APPROVE 5-YEAR CONTRACT WITH AXON ENTERPRISES FOR BODY CAMERAS FOR POLICE OFFICERS:
MOTION offered Councilman Jennings 2nd Councilman Furman to approve entering into 5-year agreement with Axon Enterprises Inc. for $42,595.00 for body cameras. Cost for year one: $15,475.00. Years 2, 3, 4, 5 will be $6,780.00 each year. Total = $42,595.00. First year equipment purchase, $15,475.00, to be taken out of capital reserve. The money from the district attorney’s office who’s partially funding this will be reverted back into capital reserve fund. All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.
BOARD COMMENTS:
Councilman Carey asked for the date for the newsletter. Supervisor: 14th. Councilman Carey: we passed a law where if you’re a resident of T/O Mount Hope you can bring alcohol into the senior center and youth center. He verified that you have to have proof that you’re a resident. Supervisor: correct, non-residents cannot rent either hall. If you are a resident, proof of insurance ($1 million liability) and you sign the agreement that the town is not liable. You also have to have the amendment on the insurance for the alcohol. You would get this from your homeowner’s insurance. You bring this in with your completed application. It will be verified and then that particular resident will be allowed to have alcohol served at both facilities. Councilman Carey verified that we will use the same schedule that the town clerk’s office came up with for checking the halls after weekend rentals. Supervisor agreed.
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Councilman Carey noted the we have to come up with a checklist for the youth center ie: equipment (kid’s stuff) – missing paddles and check the resource room for the chrome books. Supervisor: at the grand opening a few of us board members were talking about getting a price on having the kitchen card accessed. We need a microwave. The AED is on order for the building. He wants to get the locks that go over the thermostats. He can’t find them online. Chief suggested to get them from Steve Dodd. If anyone thinks of anything else, get in touch with him. Councilman Jennings asked if there’s been anything said yet about the gyms re-opening. Supervisor was on a new conference call today but nothing was mentioned. Now the topic has been on the school’s re-opening.
Councilman Furman: no report. The supervisor wished him a happy anniversary.
Councilman Howell: Come enjoy the concerts starting August 11th.
Councilman Jennings: Happy anniversary Chris. He thanked Mike for the fireworks display. The courts will use the current location for now. Court will re-open this Thursday. Chief added that the courts have asked the police to push back their tickets to the end of December to manage the back log.
Town Clerk Myers added that there have been questions from people picking up their access cards – are they allowed to bring friends/family that do not live in the town with them to use the center. Supervisor: I sent a text – you all looked at it a little differently. He is in the process of writing rules/regulations. You have to be 14 & above or with an adult. Kathleen did ask me and I sent the text. We have to have a uniformed decision on this. I don’t want to isolate anyone from going. My only concern would be that (for example) Brian brings a couple of friends up there and now I can’t go up and exercise because they’re all being occupied. Councilman Carey doesn’t have a problem with someone bringing a guest. Councilman Howell agrees. Councilman Furman agrees. Chief Rickard thinks because they are there that they would get some of these complaints. We are concerned with (for example) there’s 4 kids in there 2 or 3 of which don’t live in the town and then someone comes knocking on our door saying those kids have been on the treadmill for the last 2 hours. These are the things we are worried about. We will just be referring them down to you. He is looking for reserved parking spots for the officers especially when there is large parties ie: POLICE PARKING ONLY SIGNS. Councilman Jennings asked about the occupancy sign(s). Supervisor Volpe: according to the engineer it is upwards of 800 people. It is 144 in the senior center. It is not posted but by law you can only have 50 people in there right now. He will make sure a sign gets posted. He further added that he did a supplement for the senior center/youth center/pavilion rental under NYS forward law, saying yes we are going to rent this facility to you but you also have to – we are in phase 4 – which means the guidelines are 50 and below per gathering. They’re also getting that documentation when they fill out that application. That is to cover us. Town Clerk asked about the spray bottles and towels for all the machines. She didn’t see any there and someone asked about that. Supervisor: there’s a lot of stuff on order. I have some in stock.
MOTION TO ADJOURN MEETING:
MOTION offered Councilman Carey 2nd Councilman Howell to adjourn the meeting at 8:58pm. All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.
The next meeting is scheduled for August 17, 2020 at 7:30pm.
Respectfully submitted,
Kathleen Myers, Town Clerk
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