Town of Croghan Town Board Meeting 04-15-2024
The Meeting of the Town Board of the Town of Croghan, County of Lewis and the State of New York was held at the Town Municipal Building, 9882 State Route 126 Beaver Falls, on the 15th day of April, 2024.
Town Officers Present: Larry F. Boliver, Supervisor
Yvonne Hamlin-Boliver, Councilmember
David Hardy, Councilmember
Richard Meyer, Councilmember
Alex Virkler, Councilmember
Kevin Zehr, Highway Superintendent
Megan E. Simpson, Clerk
Attended by: 25 Individuals
Supervisor Boliver called the meeting to order at 6:00pm with the Pledge of Allegiance.
RESOLUTION NO. 39 OF 2024
APPROVAL OF MINUTES
On a motion by Councilmember Hamlin-Boliver, seconded by Councilmember Meyer, the following resolution was
ADOPTED Ayes (5) Boliver, Hamlin-Boliver, Hardy, Meyer, Virkler Nays (0)
RESOLVED, the minutes of the March meeting are approved.
PRIVILEGE OF THE FLOOR
Numerous residents of the Beartown Road were present to convey their frustration over the removal of a beaver dam. Superintendent Zehr took responsibility for his decision to remove the dam and stated he would communicate with residents surrounding various jobs moving forward.
Legislator Kalamas provided a written report to the Board on updates within the County.
Legislator Frost was present to introduce himself to the Board.
Mickey with RACOG was present and stated the latest happenings within RACOG. The next meeting is May 30th at 6pm in the Town of Wilna.
FINANCIAL REPORT
Supervisor Boliver reported the following as of March 31, 2024:
Community Bank Checking: $57,368.27
Community Bank Savings: $28,558.21
NYClass Checking: $1,925,230.63
NYClass Savings: $321,874.42
Total: $2,333,706.53
RESOLUTION NO. 40 OF 2024
APPROVAL OF FINANCIAL REPORT
On a motion by Councilmember Meyer, seconded by Councilmember Hamlin-Boliver, the following resolution was
ADOPTED Ayes (5) Boliver, Hamlin-Boliver, Hardy, Meyer, Virkler Nays (0)
RESOLVED, the financial report is approved as submitted.
RESOLUTION NO. 41 OF 2024
TRANSFER OF FUNDS
On a motion by Councilmember Hardy, seconded by Councilmember Virkler, the following resolution was
ADOPTED Ayes (5) Boliver, Hamlin-Boliver, Hardy, Meyer, Virkler Nays (0)
RESOLVED, increase ARPA income account A4089.2 by $730.00 and increase account 9901.9. Also increase ARPA SS5031 by $730.00 and increase expenditure account 8120.22 (Equip. – San. Sewers).
RESOLUTION NO. 42 OF 2024
TRANSFER OF FUNDS
On a motion by Councilmember Meyer, seconded by Councilmember Hamlin-Boliver, the following resolution was
ADOPTED Ayes (5) Boliver, Hamlin-Boliver, Hardy, Meyer, Virkler Nays (0)
RESOLVED, pull from the fund balance $150.00 and increase expenditure account A1920.4 (Municipal Dues).
DOG CONTROL
DCO Steiner has been on 7 calls since the last meeting 4 of them being lost dogs. He would like to purchase a catch pole. The Board agreed and he will turn the receipt into Megan for reimbursement.
HISTORIAN REPORT
Nick reported he and Laurie have been working on recent requests and researching areas within the Town.
TOWN CLERK
Megan reported the following for March 2024:
Total: $625.00
Town Share: $548.50
NYS Ag & Mkts: $54.00
NYS Dept. of Health: $22.50
RESOLUTION NO. 43 OF 2024
APPROVAL OF CLERK REPORT
On a motion by Councilmember Hamlin-Boliver, seconded by Councilmember Meyer, the following resolution was
ADOPTED Ayes (5) Boliver, Hamlin-Boliver, Hardy, Meyer, Virkler Nays (0)
RESOLVED, the Clerk report is approved as submitted.
TAX COLLECTION
Megan stated since January 1st 2024 the total amount collected is $3,059,012.42 which is approximately 71% of the total to be collected. In the beginning of April, 401 late tax notices were mailed to land owners.
RESOLUTION NO. 44 OF 2024
APPROVAL OF TAX COLLECTION REPORT
On a motion by Councilmember Meyer, seconded by Councilmember Hamlin-Boliver, the following resolution was
ADOPTED Ayes (5) Boliver, Hamlin-Boliver, Hardy, Meyer, Virkler Nays (0)
RESOLVED, the Tax Collection report is approved as submitted.
HIGHWAY
Superintendent Zehr stated two crews have been picking up sand. The new tractor has arrived.
NEW BUSINESS
RESOLUTION NO. 45 OF 2024
AMEND TOWN OF CROGHAN EMERGENCY PLAN
On a motion by Councilmember Hamlin-Boliver, seconded by Councilmember Virkler, the following resolution was
ADOPTED Ayes (5) Boliver, Hamlin-Boliver, Hardy, Meyer, Virkler Nays (0)
RESOLVED, amend Town of Croghan Emergency Plan to state “As of July 31, 2024, any Town employee sick with COVID will have to use their personal sick time.”
RESOLUTION NO. 46 OF 2024
INTRODUCITON OF LOCAL LAW, SETTING PUBLIC HEARING AND DIRECTING TOWN CLERK TO CAUSE PUBLICATION
Councilmember Meyer introduced the following proposed local law, to be known as:
Proposed Local Law 1 of 2024, entitled:
“Establishing a Townwide Six (6) Month Moratorium
For all Renewable Energy Facilities and Battery Energy Storage Systems”
ARTICLE I INTENT
Due to clean energy desires and technological changes, there is an increased
possibility of development of Renewable Energy Facilities within the Town of Croghan.
The potential for such development within the Town is not fully addressed by the current
zoning laws. The Town Board, in order to consider, formulate, and potentially amend both
the Town of Croghan Zoning Law, and/or uses authorized within the Town and to
safeguard the public health, safety and general welfare of its population, determines it to
be reasonably necessary to provide a Moratorium for six (6) months to perform a review
of the same.
ARTICLE II DEFINITIONS
BATTERY ENERGY STORAGE SYSTEMS – One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone twelve-volt car battery or an electric motor vehicle. A battery
energy storage system is classified as a small, medium, or large battery energy storage system as follows:
(1) Small battery energy storage systems have an aggregate energy capacity
less than or equal to 200 kWh and, if in a room or enclosed area, consist of
only a single energy storage system technology.
(2) Medium battery energy storage systems have an aggregate energy capacity
greater than 201 kWh to 600 kWh or are comprised of more than one
storage battery technology in a room or enclosed area.
(3) Large battery energy storage systems have an aggregate energy capacity
greater than 600 kWh or are comprised of more than one storage battery
technology in a room or enclosed area.
PERMIT/APPROVAL – No Renewable Energy Facilities or Battery Energy Storage Systems shall be constructed, reconstructed, modified or operated in the Town of Croghan, except in compliance with the Zoning Law.
RENEWABLE ENERGY FACILITIES – An electrical energy facility composed of a combination of both solar panels and solar energy equipment.
This provision applies equally to Wind Energy Conversion Systems and Solar Energy
Conversion Systems, however those renewable energy systems may be defined.
ARTICLE III APPLICATION
This Local Law shall apply to all areas within the Town of Croghan.
ARTICLE IV DURATION
This law shall be in effect for a period of six (6) months from the effective date of
this Local Law. It may be terminated by a Town Board Resolution.
ARTICLE V PROHIBITIONS
Neither the Town of Croghan Zoning Enforcement Officer, nor the Zoning Board
of Appeals, nor the Town of Croghan Planning Board nor any other officer/agent who
administers the Town’s Zoning Laws shall process, review, render any determination, nor
grant any variance, or any approval, in respect to any Renewable Energy Facilities and
Battery Energy Storage Systems within the Town during the duration of this Moratorium.
No person shall construct a new Renewable Energy Facilities or establish a Renewable
Energy Facilities activity anywhere within the Town during the duration of this Moratorium
unless municipal approval was granted in advance of the effective date of this local law.
ARTICLE VI ENFORCEMENT
This Local Law shall be enforced by the Town of Croghan Zoning Enforcement
Officer or any other person so designated by the Town Board.
ARTICLE VII VIOLATIONS
Any person violating any provision of this Local Law shall be guilty of an offense,
and upon conviction thereof be punishable by a fine not to exceed Two Hundred Fifty
Dollars ($250) or imprisonment for a period not to exceed fifteen (15) days or both. Each
week’s continued violation after notice shall constitute a separate and additional violation.
ARTICLE VIII SEVERABILITY
Should any portion of this Local Law be declared invalid, such decision shall not
affect the validity of the remaining portions of this Local Law.
ARTICLE IX EFFECTIVE DATE
This Local Law shall become effective after filing in the Office of the NYS Secretary of State.
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that a Local Law has been introduced by the Town Board of the Town of Croghan to establish a Town Wide Six (6) Month Moratorium on all Renewable Energy Facilities and Battery Energy Storage Systems.
The Local Law prohibits any Enforcement Officer, the Zoning Board of Appeals, or the Planning Board, from processing, reviewing, rendering any determination, granting any variance, or approval with respect to any Renewable Energy Facilities and Battery Energy Storage Systems during the duration of the Moratorium.
The Local Law declares that a violation shall be punishable by a fine not exceeding $250 and/or imprisonment for a period not to exceed fifteen (15) days.
PLEASE TAKE NOTICE that a public hearing upon the Local Law will be held at the Town Offices, 9882 NYS Route 126 Castorland, NY on May 1, 2024 at 6:00 p.m. and that an opportunity to be heard in regard thereto will then and there be given to all persons.
Dated: April 15, 2024
BY ORDER OF THE TOWN BOARD
Megan E. Simpson, Town Clerk
The foregoing resolution was adopted on a motion by Councilmember Hardy, seconded by Councilmember Virkler, the following resolution was
ADOPTED Ayes (5) Boliver, Hamlin-Boliver, Hardy, Meyer, Virkler Nays (0)
SUPERVISOR REPORT
Supervisor Boliver would like to begin looking into updating the Town of Croghan Mobile Home Law.
RESOLUTION NO. 47 OF 2024
APPROVAL OF SUPERVISOR REPORT
On a motion of Councilmember Hardy, seconded by Councilmember Virkler the following resolution was
ADOPTED Ayes (5) Boliver, Hamlin-Boliver, Hardy, Meyer, Virkler Nays (0)
RESOLVED, the Supervisor’s report is approved as submitted.
RESOLUTION NO. 48 OF 2024
AUDIT OF CLAIMS
On a motion of Councilmember Hardy, seconded by Councilmember Virkler the following resolution was
ADOPTED Ayes (5) Boliver, Hamlin-Boliver, Hardy, Meyer, Virkler Nays (0)
RESOLVED, Supervisor Boliver is authorized and directed to pay on Abstract 04 of 2024 in the following amounts:
General Vouchers 36-44 $3,917.79
Highway Vouchers 35-41 $214,645.93
BF Sewer Voucher 7 $90.00
UPCOMING MEETING (s)
The next regular meeting will be on May 20, 2024 at 6pm.
Public Hearing on proposed Local Law 1 of 2024 – May 1, 2024 at 6pm.
With no further business, on a motion by Councilmember Virkler, seconded by Councilmember Hamlin-Boliver, the meeting adjourned at 7:39pm. Carried unanimously.
_________________________________
Megan E. Simpson, Clerk
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