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Rose Town Board meeting minutes February 16, 2021

by WayneTimes.com
March 18, 2021

Approved minutes from Town Clerk, February 16meeting

A Monthly Meeting Of The Rose Town Board Was Held At The Rose Town Office Building, 5074 North Main Street, North Rose, Wayne County, New York State On Tuesday, February 16, 2021 At 7:30 pm With Supervisor Richard A. Lasher Presiding. Present:  Richard A. Lasher, Supervisor, Scott J. Converse, Councilman,  Henry D. Dunphy, Councilman,  Duane F. Shipley, Councilman, L. Paul Wilson, Councilman, Absent: None  Also Present:  Water Treatment Plant Operator Mike Sehm, Highway Superinten-dent Jeff Jay, Codes Enforcement Officer Christine Abrams, Mark Humbert, Jennifer Murphy and Town Clerk Christine Smith.  PRESENT ON ZOOM: Historian Melanie Maybe, Daryl VerStraete, Mike Virts, Attor-ney Dwight Kanyuck and Sr. Account Clerk Suzanne Milliman.  The meeting was called to order at 7:30 pm by Supervisor Lasher, who then led the Pledge of Allegiance to the Flag.

 Codes Enforcement Officer Christine Abrams handed the Board her resignation.  Motion was made by Councilman Wilson, seconded by Councilman Shipley and agreed upon unanimously to accept all the monthly reports as previously given to the Town Board.

  Voucher number 46 on the General Abstract and voucher 31 on the  Water Abstract were questioned this evening.  Motion was then made by Councilman Shipley, seconded by Councilman Dunphy and agreed upon to accept the Abstracts as presented and pay the bills.  Motion was made by  Councilman Dunphy, seconded by  Councilman Shipley and agreed upon unanimously to accept the minutes from January 5, 2021 and January 19, 2021 the accepted change in listing who is present on Zoom.

 Motion was made by Councilman Wilson, seconded by Councilman Dunphy and agreed upon to accept the Supervisor’s Report for the month of January as presented. 

 Supervisor Lasher reported that he had received a letter regarding the First Responders  Zoom meeting on Monday, March 15, 2021 at 7:00pm.

Supervisor Lasher received notification from J.W. Young informing him that the furnace in the town office building needs to be replaced as the condensation trap is leaking.

There will be a Hearing on March 3, 2021 at 7:00pm  for a special permit to establish a park on Glenmark Road on the land that was given to the town by Gary Marshall.  

 The following resolution was resolved by Councilman Wilson, moved by Councilman Dunphy and seconded by Councilman Converse.

RESOLUTION NO.7-2021  - AUTHORIZATION TO MAKE PAYMENT TO RANSCO PIPELINE, INC. FOR PAYMENT APPLICATION NO.4.

RESOLVED, that the Town Board of the Town of Rose does hereby accept payment application No.4 from Randsco Pipeline in the amount of $759,211.50, and does authorize payment to them.

ADOPTED. AYES from Councilman Converse, Councilman Shipley,                      Councilman Dunphy, Councilman Wilson, and Supervisor Lasher 

The next resolution was resolved by Councilman Wilson, moved by Councilman Shipley and seconded by Councilman Dunphy.

RESOLUTION NO.8-2021 - AUTHORIZATION TO WAIVE LATE CHARGES ON WATER BILLING QUARTER ENDED 12/31/2020.

WHEREAS, during the switch over of the water billing program a problem occurred with the program and it would not recognize any post office boxes. As a result of this the following is RESOLVED, by the Town Board of the Town of Rose that it does hereby waive all late charges for the water billing quarter ended 12/31/2020, which is currently out for payment.

ADOPTED. AYES from Councilman Converse, Councilman Shipley,                      Councilman Dunphy, Councilman Wilson, and Supervisor Lasher 

Motion was made by Councilman Lasher, seconded by Councilman Shipley and agreed upon to publish the approved minutes in the town’s official newspaper the Times of Wayne County. Motion was made by Supervisor Lasher, seconded by Councilman Dunphy and agreed upon to place 10 copies of the approved minutes in both Post Offices and the Library.

Councilman Wilson will be speaking with Dan DeLisio about the website for the town. Motion was made by Councilman Converse seconded by Councilman Wilson  and agreed upon to accept Christine Abrams resignation with regrets and a Thank You for serving the Town of Rose residents as Codes Enforcement Officer.

 Motion was made by Councilman Dunphy, seconded by Councilman Converse and agreed upon to advertise the opening for a Codes Enforcement Officer.

 Board Members talked via Zoom to Dwight Kanyuck an attorney at Knauf Shaw about the proposed change to the town’s zoning law with the new solar law. Both Mark Humbert and Mike Virts commented thru zoom about what the foreseea-ble future would look like for cleanup of the solar panels & equipment.  What would the cost be ad who would be responsible for this when the project is no longer functioning?

The following resolution was resolved by Councilman Wilson, moved by Councilman Shipley and seconded by Councilman Converse.    

RESOLUTION NO.9-2021 - INTRODUCING THE PROPOSED LOCAL LAW NO.1 OF 2021 AND RELATED SEQRA EAF FOR REVIEW, ESTABLISHING SEQRA LEAD AGENCY, REFERRING PROPOSED LOCAL LAW NO. 1 OF 2021 TO THE TOWN AND WAYNE COUNTY PLANNING BOARDS AND SETTING A PUBLIC HEARING. WHEREAS, the Town Board of the Town of Rose (“Town”) commissioned a team (the “Solar Law Review Team”), consisting of members of the Town Board, Planning Board, and Zoning Board of Appeals, Code Enforcement Officer and other members of the community, to review and propose revisions to the existing local law regulating solar energy systems, known as Local Law No.2 of 2018 (the “Existing Solar Law”); and  WHEREAS, the Solar Law Review Team recommended, and the Town Board agreed that its mission be expanded to include the development of regulations for battery energy storage systems; and WHEREAS, the Solar Law Review Team has developed a proposed Local Law No. 1 of 2021, annexed hereto as Exhibit A (the “Proposed Local Law”), entitled A Local Law to Annul the Town of Rose Solar Energy Systems Law and Amend the Town of Rose Zoning Law to Add Regulations for Solar Farms and Battery Energy Storage Systems; and WHEREAS, the Proposed Local Law would: (1) annul the Existing Solar Law; (2) amend the Town of Rose Zoning Law No. 2 of 2005, as amended (the “Zoning Law”), to add a new Article X to provide regulations for the review and approval of solar farms (the “Proposed Solar Farm Regulations”); and (3) amend the Zoning Law to add a new Article XI to provide regulations for the review and approval of battery energy storage systems (the “Proposed Energy Storage Regulations”); and WHEREAS, the proposed Solar Farm Regulations are guided by the NYSERDA model solar energy local law, the Central New York Regional Planning & Development Board Model Ordinance for Solar Photovoltaic Systems, provisions adopted by other towns in Wayne County and other counties in Western New York, and the Town’s Compre-hensive Plan, and recommend substantive changes as compared to the Existing Solar Law with respect to application requirements, design standards, protection of agricultural resources and adjacent non-participating properties, and decommissioning plans, and WHEREAS, the Proposed Energy Storage Regulations provide regulations for the siting, construction, operation and decommissioning of battery energy storage systems within the Town and is based on the Model Battery Storage Law developed by NYSERDA for New York municipalities and has been tailored to be consistent with the siting standards set forth in the Proposed Solar Farm Regulations; and WHEREAS, adoption of the Proposed Local Law could be considered a Type 1 action under the State Environmental Quality Review Act (“SEQRA”), pursuant to 6 N.Y.C.R.R. ss617.4(b)(2), because it may be considered to be changing the allowed uses within an area of more than 25 acres within the Town; and WHEREAS, Part 1 of a Long Form SEQRA Environmental Assessment Form (“EAF”),Annexed hereto as Exhibit B, has been prepared for the proposed Local Law; and WHEREAS, the Proposed Local Law is required to be referred to the Wayne County Planning Board pursuant to General Municipal Law ss 239-m; and WHEREAS, the Proposed Local Law is required to be referred to the Town Planning Board for an advisory report pursuant to Zoning Law ss 105; and WHEREAS, the Proposed Local Law is subject to the notice and hearing requirements of Town Law ss 264. NOW, THEREFORE, IT IS RESOLVED that the Proposed Local Law is introduced for consideration by the Town Board; and RESOLVED, that, pursuant to 6 N.Y.C.R.R. ss617.6(b)(3)(i), the Town Board shall serve as Lead Agency for the SEQRA review of the Proposed Local Law; and RESOLVED, that the Town Board accepts and directs the Town Supervisor to sign EAF; and RESOLVED, that the Town Board directs the Town Supervisor to arrange for the re-ferral of the Proposed Local Law, EAF, and Existing Solar Law to the Wayne County Planning Board for review pursuant to General Municipal Law ss 239-m; and  RESOLVED, that the Town Board directs the Town Supervisor to arrange for the referral of the Proposed Local Law and EAF to the Town Planning Board for an advisory opinion pursuant to Zoning law ss 105; and  IT IS HEREBY FURTHER RESOLVED, that a public hearing before the Town Board at the Rose Town Hall regarding the Proposed Local Law and the SEQRA review for the Proposed Local Law is set for March 16, 2021 at 7 PM; and RESOLVED, pursuant to Town Law ss 264, notice of the time and place of the public hearing shall be published in the Times of Wayne County at least ten days  prior to the date of the public hearing; and  RESOLVED, pursuant to Town Law ss 264, at least ten days prior to the date of the public hearing, written notice of the Proposed Local Law shall be mailed or personally delivered to the Town Clerks of the Towns of Galen, Lyons, Sodus, Huron and Butler.

ADOPTED. AYES from Councilman Converse, Councilman Shipley,                      Councilman Dunphy, Councilman Wilson, and Supervisor Lasher 

There being no further business and upon motion made by Councilman Shipley, seconded by Councilman Dunphy and agreed upon to adjourn the meeting at 9:18 pm.

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