PINE PLAINS — The controversial solar farm project at Pulvers Corners will come before a judge in state Supreme Court in Carmel on Tuesday, March 19, where a group of residents is seeking an injunction prohibiting work on the site.
The group, Preserve Pine Plains, filed an Article 78 action against the town Planning Board and certain property owners and developers of the project, which envisions a 10MW Tier 3 solar complex consisting of 24,000 solar panels on farmland at Pulvers Corners and located at 454 Bean River Road.
Article 78 proceedings put the action of an official or agency under review by a court.
Carson pilot program
Meanwhile, the Town Board on Thursday, Feb. 22, held a special meeting at Town Hall to discuss a pilot program with Carson Power LLC, the New York City firm proposing the Tier 3 solar farm, that would amount to a “payment in lieu of taxes” to the town.
Town Supervisor Brian Walsh said the program would provide a payment to the town “above and beyond land taxes.”
At Thursday’s board meeting, the board members voted against accepting the initial monetary terms of the pilot agreement with Carson, and said they plan to retain an independent consultant to assess the situation.
Meantime, the board voted to halt any tree clearing on the site until there is a signed pilot agreement.
According to a primer published by the American Bar Association, payment in lieu of taxes agreements are gaining popularity with alternative energy projects like wind and solar. Under them, governments can assign tax liabilities based on the assessed value, or amount of electricity generated, or based on a rate per megawatt.
Another path is for local taxing authorities to negotiate a payment agreement. Walsh indicated that the pilot program with Carson could lead to a yearly payment.
March 19 court date
The future of the Pulvers Corners project will be the subject of oral arguments before Supreme Court Justice Gina C. Capone on March 19, following filing of memorandums scheduled through the beginning of March by sets of attorneys involved in the case.
Mindy Zoghlin, of the Zoghlin Group LLC in Rochester, who represents Preserve Pine Plains, filed in support of the group’s petition Friday, Feb. 16.
The group claims the Town Board failed to take a “hard look” at “significant adverse impacts” with respect to community character and town planning documents. It also claims the Planning Board failed to take a “hard look” at the project’s impacts on plants and animals and on aesthetic resources and “ignored identified areas of environmental concerns.”
Those named in the suit, besides the Planning Board, are Pulvers Corner Solar 1 LLC, Pulvers Corners Solar 2 LLC, Nexamp Inc., Carson Power, Carol Giardino, Diane Weck, Lucie M. Giardino and John Does.
The town is represented by Warren S. Replansky, and is expected to file a response Monday, March 4.
Early this month, New York State’s Office of Renewable Energy Siting denied Hecate Energy LLC’s bid to build a 60MW solar farm, known as Shepherd’s Run, at the at the intersection of routes 23 and 7 in the Town of Copake. In the denial, the agency granted the Town of Copake’s move to stop the project because the company had lost control of land initially included in the project. Hecate may reapply to build a smaller 42MW facility.
POUGHKEEPSIE — New mental health care access is coming to Northern Dutchess County as the demand for mental health services has been increasing.
Family Services Inc., an outpatient mental health clinic, has outgrown their facility, which was located at Northern Dutchess Hospital in Rhinebeck. Now, the incorporation is upgrading to a much larger location in Rhinebeck that is expected to open late this year.
“They’ll be working on being able to accommodate seeing children there as well. It’ll be basically like individual therapy or counseling sessions for youth and adults.” said Mental Health Commissioner Jean-Marie Niebuhr. “It will also be group therapy. There’ll be some opportunities for medication management, psychotropic medication management for mental health conditions.”
Family Services currently has eight locations, five of which are within Dutchess County and can be found in Millbrook, Rhinebeck, Beacon, Eastern Dutchess and Poughkeepsie.
The new facility will bring more resources and expand access to adults, and will now house the new children’s behavioral health program. This program will provide children up to the age of 17 with services that could include: comprehensive evaluation, crisis intervention, individual or family therapy, psychiatric evaluation and medication management, according to the Dutchess County website.
As well as this, Family Services can provide group or individual therapy with integrated needs for adults over the age of 18.
Therapy, individual and group, at Family Services is provided through licensed therapists and counselors, who have been trained in how to approach each individualistic situation. They also have a team of experienced psychiatrists, psychiatric nurse practitioners and nurses, if someone is seeking medication or medical needs.
“There’s five, and those are public mental health clinics, which means that they should be able to accommodate people with any type of insurance, or no insurance,” said Niebuhr. “They also take, of course, Medicaid and Medicare.”
Regardless of a person’s income or insurance coverage, Family Services works hard to provide for anyone in need. Their goal is to ensure the community can have access to quality behavioral health support, without any sort of stigma attached to it.
Dutchess County’s Department of Mental Health has provided $205,000 in funding to support Family Services’ new location and bringing mental health services to the northern part of the county. According to the Dutchess County’s government website, this funding was part of a contract amendment, redirecting previous funds that Family Services received and to repurpose the funding in order to establish the much needed children’s behavioral health services in their new Northern Dutchess location.
If Dutchess County residents are unable to access any of their local facilities, there is an option to get services online. Telehealth amenities can be obtained through Zoom, based on the individual’s needs and an assessment done by the clinical team.
Currently, the insurances that Family Services accepts are: Medicaid, Medicare, Aetna, Beacon Health Options, Blue Cross Blue Shield, CDPHP, Empire Plan, Fidelis, MVP, UBH Optum and Wellcare. However, the insurance being accepted can be subject to change at any time, and should be checked prior to any appointment.
“I envision the clinics being sort of the backbone of our mental health system. And accessing that type of care is really important because if you’re getting care, you’re much less likely to end up in a crisis,” said Niebuhr. “And of course, we want to do everything we can to avoid a crisis. So if people can easily get the help they need when things aren’t as bad, then hopefully we would prevent them from ever being in a mental health crisis.”
To schedule an intake appointment, call 845-276-4600 or the non-urgent email: intake@familyservicesny.org.
Cumberland Farms gas station on Route 343 in downtown Amenia.
AMENIA — Expanding the capacity for wastewater handling at the Cumberland Farms site along Route 343, the Planning Board at its regular meeting on Wednesday, Feb. 12, discussed the plans and referred the project on to Dutchess County officials for decision.
Representing Cumberland Farms was Caryn Mlodzianowski, project engineer for Bohler Engineering of Albany, specialists in engineering challenging sites.
Mlodzianowski described plans to replace the current inadequate septic system at the site with a larger capacity system installing four tanks that would collect, settle, pump and process, all on-site. A two-foot retaining wall on the western side is included in the plan. She was seeking site plan approval.
“The project is for construction of a new wastewater treatment facility,” explained John Andrews, Planning Board engineer, noting that the project is classed as a “minor improvement,” and therefore not subject to a public hearing.
“The site is subject to flooding and located in a floodway,” Andrews noted. “When you seek to fill in a floodway, the site needs to be examined by county officials.
Although bog turtles were said to be absent from the site, Planning Board member Ken Topolsky asked for documentation of the possible effects of any disturbance within the site’s wetlands.
Agreeing that there is a substantive flood potential on the site, Planning Board member Nina Peek also noted the absence of promised landscaping along the Route 343 frontage between the current parking lot and the road.
An application to allow for a private driveway to one of the lots that are part of the Tower Hill Subdivision was detailed by Rich Rennia of Rennia Engineering.
Terming it a “slight change in the map,” Rennia said that the plans were originally approved in June 2023, revised in January 2024, and re-approved the following month.
“One of the lots is now looking for a private driveway,” Rennia said.
The new proposal only adjusts a lot line, Andrews noted, but a public hearing on the change would be needed.
The Planning Board agreed to schedule a public hearing on the lot line change for their regular meeting on Wednesday, March 12.
MILLERTON — The Town of North East held a board meeting on Thursday, Feb. 13, to create a “memorandum of understanding” contract between the Village of Millerton and the town, explaining how the town will assist the village after its Highway and Water Department building caught fire on Feb. 3.
“The resolution authorizes the town superintendent of highways to assist the Village of Millerton and its highway department with plowing, repair and maintenance of the village highways,” supervisor Chris Kennan said. “Pursuant to provisions of section 142e of the Highway Law, during the period of the Village’s state of emergency.”
Village mayor Jenn Najdek was in attendance to share updates on the status of the investigation and village needs after the fire. “Everyone did a really good job, under extremely stressful circumstances, to figure out a path moving forward,” Najdek said, explaining the support from the town, county, state and surrounding communities has been beneficial and remains appreciated.
“We’re pretty fortunate. It makes you realize what a special place this is to live in,” Najdek said. “When all those resources all of a sudden show up at your door when you need them, that’s pretty cool.”
The town has unanimously accepted a bid for the installation of the Highway garage’s fencing, working with the company Fesco Fence.
For this project, the town received eight different bids from potential contractors with the ranging costs of $166,000 to $328,676. Fesco Fence was the lowest bid submitted, which included the company’s 10% contingency allowance of $15,090.91.
During the meeting Kennan spoke briefly about a new cell tower slated to be built in Ancram. He is receptive to feedback on the topic which has elicited a mixed response from residents. “It’s not in our town, but it’s right on our border and we are familiar with things like the Transfer Station that was placed in the Town of Salisbury,” Kennan said. “I think it’s important that we at least note this so we have an opportunity to talk about it.”
As of Thursday night, the town had collected 37% of taxes, and paid off the Fire District’s budget, according to Tilly Strauss. Along with taxes, the board created a flyer to send out with every receipt to show the community where their money will be going.
Amenia has now been certified as a pro-housing community and has completed the proper paperwork to show its updated zoning and/or building permits, councilwoman Meg Winkler said. “We will be getting into that next year, maybe the end of this year,” Winkler said.
The new Town Hall is now taking its first baby steps, Kennan said, he spent most of Thursday morning at the new building where he was working with a HVAC company to get the system up and running.
“It has been out of service for several years, so there are a couple pieces of equipment in those units that are not working,” Kennan said. “It’s really a first step in our process of getting the work underway, is to get that system working properly.”
Village of Millerton offices on Route 22
MILLERTON — On Monday, Feb. 10, a board meeting was held, largely centered on the impact of the Feb. 3 fire that destroyed the Village Water and Highway building located on Route 22. In addition to the loss of the building, vehicles, equipment and tools were also destroyed.
“If we go back to the cause, it is still undetermined,” said mayor Jenn Najdek, who stated foul play had been ruled out. She also confirmed the garage remained off-limits as the investigation is still ongoing.
Alongside the Mayor, village trustees expressed their concern regarding rumors as to the cause of the fire. According to trustee David Sherman, transparency with the public is key to distinguishing fact from fiction. “I think we should, through whatever releases we can make, make it abundantly clear what that status is so we can squelch these kinds of rumors that are oozing up in the community,” said Sherman.
The Village is working with Nordic Environment Finance Corporation, an independent cause and origin investigation company, to determine the cause of the blaze. According to Najdek, once the investigation is complete, investigators will greenlight the premises for entrance. Najdek also emphasized while investigators are working toward determining a cause, one may or may not be found, contingent on what the investigation yields.
According to Najdek, the Town of East Fishkill sent their engineer the morning of the fire to assist Village’s water operators in setting up a system to ensure drinking water would continue to flow. The village’s supply of drinking water has been continuously evaluated by the New York State Department of Environmental Conservation as well as the Board of health to ensure fitness for human consumption.
With one of the wells being destroyed in the fire, the Village’s water will be conditioned as required and pumped from well no. 1, known as the “doghouse,” to a holding tank as a temporary solution.
“Well no. 2 that was in the building, we can selectively demo around it, secure it, get a semi permanent structure,” Najdek said. “We don’t know what that’s going to be. There’s one hundred different solutions for that, and we will know more after this week.”
The Village trustees showed interest in an acting structure which resembles a “plug and play” system, where all water operating equipment will be housed. “We will be meeting with the engineer, the water operator and Pete [Dellaghelfa, Village’s Superintendent of Public Works], this week on-site and we will start looking for the immediate, short-term solution,” said Najdek.
Previously, the Millerton Water Department housed two 10-inch diameter wells in an unconsolidated aquifer that allowed filtration through 50 feet of sand and gravel. The water then gets pumped into an elevated holding tank, where it is treated and chlorinated before being distributed to residents.
Currently, well no. 1 is being operated by a generator while the power lines to the building are in the midst of being fixed. The intent of these lines, according to Najdek, is to potentially serve electricity to both of the wells and the baseball field lighting.
With the loss of vehicles and equipment, the village is hoping to be indemnified once insurance claims are settled. “We’ve incurred a lot of expenses so far,” Najdek said, explaining her confidence in village insurer New York Municipal Insurance Reciprocal. “I feel pretty good about them being able to handle our needs in a timely manner.”
The Village will have a three-month window to borrow vehicles or equipment as needed from the town, county or the state. “God forbid the county’s truck hits the bed, we can ask the state ‘Do you have any trucks that you could loan us?’” Najdek said.
The mayor requested the Highway and Police department compile a wish list of vehicles and equipment for immediate needs. The village hopes to avoid buying used trucks and equipment, hopefully avoiding any problems that come with them, said public works superintendent Dellaghelfa. “It’s not that I’m against used. I just want to see that the village is getting their money’s worth.”
Once Najdek has confirmation from the insurance company, the village will start moving forward with the “wish-lists” from both the Highway and Police Departments. At this time, patience is what’s needed most, explained Najdek. “For those who have never been through a fire, this is a marathon. It’s not a sprint,” she said. “Sometimes answers don’t come into the third mile or fourth mile. It’s not something where information comes quickly from insurance companies everyday, so there will potentially be no updates.”
The village’s state of emergency declaration, which went into effect the morning of the fire, remains in place.
During the meeting, trustee Sherman provided updates on where the village stands for the Community Development Block Grant. The village is planning to use this grant to replace a few sections of sidewalks which need improvement.
“Some things are going to require some engineering input to see how we can rebuild this area,” Sherman said. “The aim is to put some estimates together and have the board’s consideration for our next meeting to approve making a CDBG application for this 2025 year and keeping it with a total cost under the $200,000 level, which is the max.”
According to Sherman, the focus will be on the sidewalks near John Street, also known as Smith Court and North Center Street. The Village needs to submit its request for the grant by Monday, March 3, to be considered.
