CLERMONT TOWN BOARD MEETING
PUBLIC HEARING
AUGUST 1, 2016
The Clermont Town Board held its regular meeting on Monday, August 1, 2016 at 6:45 P. M. Those in attendance were Supervisor Raymond Staats, Councilman Robert Desmond, Councilwoman Dawn Brownson and Councilman Evan Hempel and Councilman Kris Gildersleeve.. Others present were Town Attorney Andy Howard and seven residents.
Supervisor Staats opened the Public Hearing.
PUBLIC HEARING ON LOCAL LAW NO. 1 OF 2016: The Town Clerk read the public notice establishing a three month moratorium to allow agencies of the Town to look at regulations that are currently in place in the zoning ordinance relating to Solar Energy Facilities and/or Solar Farms. Our attorney, Andy Howard, explained that the purpose of the Local Law is to allow the Town Board and other boards of the town to look at the regulations currently in place and consider amendments for non-residential solar.
There are regulations for residential ground mounted solar and roof mounted solar in the zoning ordinance.
PUBLIC COMMENT:
Mary Howard: Mary has read both zoning and local law and we do not have solar farm in our zoning. If it is not in our zoning law it is not an allowed use.
Supervisor Staats said that this is a gray area and has been interpreted in both ways. The zoning does not address a Community Supported Array in which community residents and owner can use the power.
Councilman Desmond’s interpretation is that they are not allowed. Others feel that it is because we have ground mounted solar in the zoning and that a solar farm would be allowed.
The Supervisor said that we don’t want to discourage solar, but encourage it, and we want regulations that will put the best interest of all involved. Councilman Hempel stated that it is discouraging to have a moratorium at all. He feels that we could have done this in the past two months, without holding someone up with a project. There were no other comments.
A motion was made to close the public hearing by Councilman Desmond, seconded by Councilman Gildersleeve. All in favor. So carried.
TOWN BOARD MEETING
AUGUST 1, 2016
Supervisor Staats opened the meeting with the salute to the flag. The Town Clerk read a summary of the proposed Local Law.
Councilman Hempel asked our attorney what would have to be done to stop the moratorium? Andy Howard answered that if you enact a local law to adopt changes to the zoning or decide to make no changes that would end the moratorium.
Jessie Cutaia of Hudson Valley Clean Energy has been through the process for ground mounted solar in the town and he believes the existing zoning laws would prevent large solar farms from coming into Clermont. He suggests that instead of a moratorium on all ground mounted solar, limit the scope so as not to prevent smaller ground mounts from coming into town. Councilman Gildersleeve said that is one of the things that we are going to look at to define what is large and what is small. Councilman Desmond said that ground mounted solar is allowed for residential. Jessie suggests that ¼ acre is too small and he thinks to go up to an acre and with proper screening before putting in a blanket moratorium. Councilman Desmond said there are provisions for relief by coming to the town board. There are projects that are in place and would like to move forward and this would put a three-month hold on anything being done.
Councilman Desmond said that when zoning was amended to add wind and solar power it was written for on-site use. The larger farms or facilities are not in keeping with the master plan. He would like to see more restrictions for solar facilities or farms for solar power off-site. Councilman Hempel feels like the boards are aware of the screening issues and will take care of that. He doesn’t feel that we have to do a moratorium, disrupt the process, we are discouraging solar. He asked Andy Howard that if we don’t pass the moratorium, but we decide that we want to tighten up the law would it apply to in process applications. Andy said the issue to be looked at would be at an application that has been deemed substantially complete. Otherwise an action by town board could be applied.
Supervisor Staats: This is a three-month moratorium and there is relief to the applicant.
Councilman Desmond: if we can schedule a workshop in the next few weeks, we could possibly have it complete by the October meeting. Supervisor Staats said we are not trying to stop anything.
Andy Howard suggested to provide clarity to the law for those looking to develop. It may be that there is no opposition by neighboring residents. A neighbor could take this to litigation, which would result in a longer process for the applicant.
Councilman Gildersleeve thinks we can also make it a positive thing and asked Jessie Cutaia to join in on any future discussions. Jessie thinks that this would be good idea. Councilwoman Brownson brought in an article on what is considered a large or small solar farm. Councilman Gildersleeve thanked Councilwoman Brownson for the article which discussed the difference between large and small solar farms. He believes positive things can come out of this and he is in support of the moratorium and to revise the zoning as soon as possible, thereby making the motion to approve Local Law No. 1 of 2016, seconded by Councilman Desmond. A roll call vote was as follows:
Councilman Desmond, aye; Councilwoman Brownson, aye; Councilman Hempel, nay; Councilman Gildersleeve, aye; Supervisor Staats, aye. Motion carried.
Phyllis Heiko handed out information on Solar Farms also.
MINUTES: A motion was made by Councilwoman Brownson to accept the July minutes, seconded by Councilman Desmond. All in favor. So carried.
TOWN CLERK’S REPORT: The Town Clerk read the July Town Clerk’s report. Checks were presented to the Supervisor for the General Fund, $1,857.50 and Trust and Agency, $1,275.00. A motion was made to accept the Town Clerk’s report by Councilman Hempel, seconded by Councilman Desmond. All in favor. So carried.
CORRESPONDENCE:
- A resolution was received from the Town of Saugerties proposing an amendment to re-designate certain properties in the high density residential district to moderate residential or Recreational Business district.
- The Supervisor provided copies of the Budget and Revenue reports ending July 31, 2016 to the Board.
- New York Municipal Insurance Reciprocal: Received an acknowledgement that Highway Superintendent James Potts and Patrick Dempsey attended a seminar on May 24 relating to Parks.
- The Supervisor of Taghkanic thanked our Highway Department for helping Taghkanic’s highway employees putting up their salt shed.
- Web Committee: There was no correspondence.
COMMITTEE REPORTS:
- ZONING ORDINANCE: The workshop for amending the Zoning Ordinance will be held on Tuesday, August 9, 2016 at 7:00 P.M.
- CLERMONT COMMUNITY DAY: Councilman Brownson reminded everyone that the Community Day is Saturday, August 13th. She said that volunteers are still needed.
OLD BUSINESS:
- DEC: Supervisor Staats said that work was supposed to start this week but we have not had an update at this time. We may be looking at September 1st. Councilman Desmond did talk to our engineer today and he will give them a few days and call again.
- SALES TAX REVENUE: Supervisor Staats reported that the 2nd quarter sales tax received was $84,541.38. He suggested buying in Columbia County because it really helps with our budget. The average received is $77,000.00.
- SEPTEMBER BOARD MEETING: Because of the Labor Day Holiday the September meeting will be held on Tuesday, September 6th at 7:00 P.M.
SUPERVISORS REPORT:
- Thanked the Highway Department for all they have been doing.
- Clermont Village Green BBQ: Saturday, August 13th, seatings are at 4:00 and 5:30 P.M.
- Banner Permit for the Village Green will be hung this week with help from G-Tel.
- Columbia County has not passed the legalization of buying minor fireworks in the County. Supervisor Staats brought this up again at the committee because there are a fair amount of Supervisors who would vote for it.
- County Highway has been working on roads and bridges in the County. There will be further work on Pleasantvale Road Bridge and it will be replaced in the future. There is grant money available for roads and bridges and the County is applying for these funds.
ABSTRACTS:
A motion was made to pay General abstract #8, vouchers #200-227 in the amount of $5,674.68 by Councilman Gildersleeve, seconded by Councilwoman Brownson. All in favor. So carried.
A motion was made to pay Trust and Agency abstract #7, vouchers #16-17 in the amount of $342.00 by Councilman Desmond, seconded by Councilman Gildersleeve. All in favor. So carried.
A motion was made to pay Highway abstract #8, vouchers #85-100 in the amount of $20,052.61 by Councilman Hempel, seconded by Councilwoman Brownson. All in favor. So carried.
PUBLIC COMMENT:
- The Town Clerk has tickets for the BBQ.
- Sarah Takacs: Asked that more information be put on the website regarding upcoming issues.
A motion was made by Councilman Desmond, seconded by Councilman Gildersleeve to adjourn at 7:45 P.M.
Respectfully submitted,
Mary Helen Shannon, RMC
Town Clerk.