Speaking via a Microsoft Teams webcast, Kaylen Olwin and Wendy Kingsland, project managers, and Katie Chapman, senior project manager, said the Houston, Texas-based renewable energy company is in the early stages of the process of developing the solar farm.

Anticipated to be operational in 2025, the project would fall under the NYS Office of Renewable Energy Siting Section 94-c guidelines (a revamped version of the former Article 10).

About 24 people were on last night’s videoconference, including Town of Alabama board members, residents and the company officials.

Olwin said EDP Renewables currently has 58 wind and nine solar projects in North America, with five wind systems in New York producing 704.65 megawatts of power and 66 permanent jobs. She said the Alabama Solar Park Project would create 250 construction jobs and four permanent positions.

A look at the map presented last night shows the project covering several roads, including Batavia-Oakfield Townline, Galloway, Macomber, Maple, Gorton, Hutton, Wight, Judge, Morgan and Knowlesville, plus the vicinity of Maple Avenue.

Olwin said the company has 2,000 acres under lease at this time but the current plan is to have 940 acres of solar panels “inside the fence.” She added that EDP Renewables plans to comply with state and town setback regulations – up to 300 feet from homeowners’ property lines.

“Putting solar panels too close to homes is not a good thing,” she said.

The timeline for 2022 as proposed lists completion of land leasing – they did not disclose the current number of leasing agreements – as well as commencement of project design and finalizing environmental studies pertaining to winter grassland raptor surveys, breeding bird surveys, wetland delineations, archaeological studies and geotechnical studies.

The EDP Renewables reps said they plan to conduct quarterly meetings, preferably in person, while waiting for completion of the New York Independent System Operator study.

If all goes according to plan, an application to ORES would happen in 2023, construction would start in 2024 and the project would be online in 2025, they said. Olwin said the financial benefits to the Town of Alabama, Oakfield-Alabama School District, and Genesee County have yet to be determined.

Similar solar farms in Byron and Oakfield/Elba are at various stages, also as part of the Article 10/ORES process.

Contacted by The Batavian this morning, Alabama Town Supervisor Robert Crossen said the Town Board has been communicating with the three EDP Renewables’ managers for more than two years about the project.

He said EDP Renewables was one of three solar companies that provided input into the town’s solar law that was adopted in 2020.

While not opposed to the project, Crossen said he and the board are aware of the power granted to ORES to override any local solar regulations.

“The biggest thing the town board is wrestling with is the (compatibility with) our Comprehensive Plan and the loss of farmland – prime farmland and prime farmland when drained,” he said. “There could be up to 25 to 50 percent more land needed than what is inside the fence.”

Crossen said the major question is “how do we rectify agriculture and our Comprehensive Plan and the loss of farmland? It’s contrary to that plan.”

One provision of the town’s solar law is that it puts a cap of 2,500 acres for solar panels.

“We figured if we made it less than that, they (ORES) would just throw it out,” he said.

While the town does allow for more than 50 percent of prime farmland for solar, the law stipulates that if the solar developer exceeds that percentage, then it has to go somewhere else in the town and purchase development rights on a farm so it can’t be used for anything other than farming, Crossen added.

“We’re hoping that 94-c won’t throw that out,” he said.

Crossen said he understands that EDP Renewables “is serious” about this project as at least one of the three project managers attends each of the board’s monthly meetings.

Photo from EDP Renewables website.

Previously: In the hopes of curbing some state power over solar farms, Town of Alabama adopts solar ordinance

Meadville Road between Lewiston Road and Owen Road in the Town of Alabama will be closed beginning Monday, May 24^th  through approximately Aug. 30^th, for a bridge replacement project.

The road will not be passable to regular traffic or emergency vehicles.

The public will be notified when it reopens.

“I’ve been involved on the sidelines in local politics for a long time. I grew up in the Town of Alabama and my grandfather, Joe Cassidy, was on the town board for a number of years,” O’Donnell said. “I spent time with him when I was very young -- stuffing envelopes and helping out with fundraisers and things like that – and kind of caught the bug that way.”

That was about 20 years or so ago, said O’Donnell, now a Batavia resident who has been the chair of the City of Batavia Democratic Party for the past three years.

She has completed the petitioning process and will be on the ballot in November seeking one of three open Councilperson-At-Large spots. She will be facing three Republican incumbents: Jeremy Karas, Robert Bialkowski and City Council President Eugene Jankowski Jr.

The current makeup of City Council is 100-percent Republican, a fact not lost upon O’Donnell.

“I think it is time to get some diverse and fresh ideas, and I think I would bring that to Council,” she said, noting that she is all for supporting businesses and activities that will attract young families to buy homes and settle in Batavia.

She said she has been “very lucky” that her husband, Patrick, is able to commute to his job in Rochester because it is affordable to live in Batavia. The couple bought a home in the city’s Fifth Ward in 2012, and since then have had two children, Lila, 7, and Connor, soon to be 5.

“When we purchased the house, I said to a good friend, ‘You sent your kids to the school district here. You lived here your whole life. What do think about raising kids in the city?’ ” she recalled. “And she said the best advice I can give you is to get involved. Get to know your neighbors, go to meetings – get involved. That’s what I have been trying to do and encourage everyone to do.”

O’Donnell said she realizes that Genesee County and Batavia have an aging population, and would love to see millennials purchase some of the “beautiful historic houses being chopped up into apartments or just crumbling.”

“I think we could do more to attract young people,” she said.

Along those lines, she said she is happy the city received the $10 million Downtown Revitalization Initiative award from New York State – “that is a huge success and I give a lot of credit to City Council and former City Manager Jason Molino for that,” she offered – but had hoped more of the funds were directed elsewhere.

“I would like to have seen more of that money put towards retail and things to attract people downtown,” she said. “The YMCA and Healthy Living Campus are going to be wonderful -- and both of my kids have benefitted from preschool at the Y -- but that was a big chunk of money that went to nonprofit groups. There are other things that would have been my favorites for that money.”

O’Donnell said she is in favor of an expansion of the city-owned ice arena on Evans Street, possibly including an indoor recreation facility nearby.

“I think the city should make some type of investment there,” she said. “Not necessarily take it over but give some support to encourage (the use of the facility).”

She pointed to the outdoor soccer fields off Bank Street Road as a prime example of a successful venture for youth that brings revenue into the city.

“If you drive by there during a soccer tournament, there are vehicles everywhere. If we put some sort of indoor sports facility in the city – maybe near the ice rink -- the businesses would no doubt benefit hugely from those types of tournaments and events. People come from all over and it’s packed,” she said.

Her thoughts on some other issues in the city:

Construction of a new police station

“It was actually when I started getting involved several years ago when they formed the police task force. At the time, that was such a huge deal and it was covered so heavily in the media. I understand that their first choice is no longer an option (Swan Street), so that certainly was my first choice. Obviously, I think it would be beneficial to have more police presence on the Southside. Alva Place, which is where they’re looking at now, was their second choice. I think that is the best thing to do – listen to the citizens – and go where it was recommended.”

COVID-19’s impact on city finances

“I’m concerned more about the ability to spend compared to the (Council’s) willingness to spend. So much of what we’re going to be able to do is going to depend upon aid from the state and aid from the federal government. COVID really through a wrench in everybody’s plans going forward, and who knows for how long – probably generations. We’re going to have to come up with some pretty creative solutions to be able to spend.”

Government meetings via Zoom, YouTube

“We’ve learned a lot in the past year as a society and I think there are some things that we can take away and keep, including the transparency that allows us to have those meetings streamed live or even a couple hours after the fact. It’s difficult to make it to all those meetings, whether it’s the legislature or board meetings. Also, there is so much going on with my kids at school that it’s nice to be able to watch the school board meetings to keep up with everything.”

The city manager hiring process

“While I think Rachael Tabelski is doing a good job and was the obvious choice for city manager. I am glad that we went through the whole process of interviewing. I think that is the correct and transparent way of hiring someone for a position such as that. But I’m glad that she ended up with the job, and am sure she will do a great job going forward.”

O’Donnell said going door to door to get signatures for her petition was a valuable experience and she’s looking ahead to meeting more people in the coming months.

She conceded that the past two years have been a bit hectic with “nonstop elections” but thought “that the best way to get other people involved was to lead by example and jump in myself.”

In closing, she shared that Joe Cassidy is still the chair of the Town of Alabama Democratic Committee and is her biggest supporter.

“He’s definitely a proud grandfather,” she said.

Joe Cassidy sent us these photos he took at about 7 p.m. Friday on Lewiston Road in the Town of Alabama.

Monday night, the town board approved a local ordinance that will allow the town to set some parameters on solar farms and perhaps keep the largest of them off good farmland.

"The planning board struggled with this over the months and months," said Supervisor Robert Crossen. "The town board did, too. None of us are about losing farmland but we with Article 10 saying this will happen, I guess my view is that this is part of what you have to do to stay in the game. If we don't participate in it, then we won't have a lot to say."

In other words, without adding Section 624 to the town code, the town won't have any say in the planning and siting of solar farms in the town.

Article 10 of the Public Service Law, passed in 2011, lays out the process for permitting new major electric-generating facilities, giving the responsibility for permitting and siting resides with the State Energy Siting Board. Without local building codes, local jurisdictions have no say in the size, scope, location, setbacks, visual screens, or decommissioning plans for the facilities.

"Our regulation attempts to put a footprint in the sand and say this is what we’d like to see," Crossen said after the meeting.

While the new law sets code standards for small installations for the personal use of solar energy on residential, commercial, and farm property, the key aspects of the new law cover what are considered Tier 3 and Tier 4 solar farms.

A Tier 3 installation is one of up to 1,500 square feet but generates more than 110 percent of the electricity used by the property it is installed on.

A Tier 4 installation is more than 50 acres in size.

Crossen said the town hopes it can use the new law to avoid large industrial installations but indicated the final decision will be part of the Article 10 process.

The town put in place a moratorium on new solar farms while it reviewed its options and Crossen said now that the new law is in place, he expects to see applications flowing in.

"We are well aware that there are many companies that are ready to propose many projects," Crossen said.

There are potential economic benefits to the town, in the form of fees (perhaps as much $5,500 per megawatt), as well as the county and the school district, for any commercial solar projects installed in the town.

The new ordinance also requires large projects to negotiate a host community agreement that should generate additional revenue for the town.

The sole resident to speak at the public hearing prior to Monday's town board meeting was resident Dave Bencic who questioned the town's commitment to protecting farmland by enacting a law that would permit solar farms on prime farmland.

Trustee Kevin Fisher recalled all the work that went to creating the town's farmland protection regulations but conceded town officials were hemmed in by state law.

"So much for home rule," Fisher said.

"So much for home rule, correct," Crossen said. He then called for the motion to adopt the new law. It passed unanimously.

The legislature’s Ways & Means Committee this afternoon unanimously approved the appointment pursuant to the county’s Local Law No. 1, 1967. The term takes effect on June 10 – when Klotzbach is expected to be sworn in at a meeting of the full legislature – and runs through Dec. 31.

Klotzbach was endorsed by both the Town of Alabama and Oakfield Republican committees at meetings last month.

 “I’ve been interested in this type of service for a while after learning about the inner workings (of government) through my involvement with the (Town of Alabama) planning board and STAMP (Western New York Science & Technology Advanced Manufacturing Park) in the Town of Alabama,” Klotzbach said.

A 2006 Oakfield-Alabama Central School graduate, Klotzbach is managing partner of Alleghany Farm Services in Basom, a family business started by his father, Drew, in the early 1980s. The company specializes in commercial construction site work and agricultural drainage across New York State.

Klotzbach earned his civil engineering degree from Clarkson University in Potsdam, where he was a competitive swimmer, before obtaining a master in business administration degree from Canisius College in Buffalo.

Currently, he is a member of the Town of Alabama Planning Board that is in the middle of a zoning update.

Asked to introduce himself at the Zoom meeting, Klotzbach, 31, said he interacts with residents of the district on a regular basis through his business and the planning board.

“I’ve done a lot of surveys and chatting with people in the town, so I have a pretty good status of what is going on in the town at the moment, what the forward thoughts are and where people want to see it going,” he said.

Klotzbach also said he enjoys working with and encouraging young entrepreneurs in the area.

“Just as it’s super important to bring in new businesses to the county, I also think it’s a better idea to foster and kind of encourage the students that we have – the younger people – to build their businesses and mentor them.”

The vacancy on the board was created when Hilchey resigned from the position on May 14, citing “risks of possible negative impact upon his employer.”

The District No. 1 seat will be up for election in November, which gives Klotzbach and any others interested in serving on the legislature, an opportunity to get on the ballot.

November's victor would serve in 2021 and then -- provided that he or she wishes to continue -- would run again in November 2021 when that seat goes for a four-year term.

In other action, the committee:

-- Approved an agreement between the county and Prospect Hill Consulting LLC of Buffalo to coordinate a Comprehensive Planning Process and create a County Recreation plan.

The project is designed to foster interagency cooperation and a smooth flow of information, starting with the vision of community residents about land use and developing into a policy that can be monitored by the legislature, County Planning Director Felipe Oltramari said.

Oltramari said the $100,000 project will be funded by a $40,000 award the county received in 2019, along with a $45,000 cash match from a previously established county project to create the County Recreation Plan and a $15,000 in-kind contribution.

Legislator Chair Rochelle Stein said she is excited about the prospects of working with Prospect Hill Consulting, which she said will “provide a youthful look at the county and our natural resources.”

“I can not wait for them to meet with our leadership partners – the towns, villages and city – to bring us into 2050,” she said. “It’s going to be a tremendous task, but the plan will make a big difference in Genesee County.”

-- Approved a retail lease agreement between the Town of Bergen and the Monroe County Water Authority for the operation and maintenance of the town’s Water Improvement Benefit Area No. 1.

Highway Superintendent Tim Hens said authorization by the legislature is required in agreements such as this one, adding that this will enable the town to have the “paperwork to get their district going.”

Residents using water in the new benefit area are subject to the full surcharge to the County Water Fund per a water supply agreement with the Town of Bergen dated June 13, 2018, Hens said.

-- Approved a 2.3 percent raise for Jay Lazarony, the GLOW Workforce Development Board manager, retroactive to April 1. The $1,508 increase bumps his salary to $66,271 and is covered by the GLOW WDB. County Manager Jay Gsell said that no county funds have ever been allocated to the organization.

-- Commended Legislative Clerk Pamela LaGrou following a review of the administrative office.

“We’re extremely pleased to have you sitting in that seat (at the Old Courthouse) and minding the fort for us,” Stein said.

A public hearing is scheduled for 6:30 p.m. next Monday (Feb. 24) at the Town Hall on Judge Road to get feedback concerning the adoption of Proposed Local Law 2-2020 Town of Alabama Zoning Law Article IV Section 622, Part C7 Noise, amendment.

“This was actually started as a request from a citizen, who proposed the wording, and it was sent to the (Town) planning board and then back to the Town Board,” said Town Supervisor Rob Crossen, who took office on Jan. 1.

Crossen said he knew of one windmill in the southeast corner of the town that wasn’t functioning properly and emitted a loud noise that bothered several neighbors, but said that it has been repaired “to my knowledge.”

Windmills (not large wind turbines) are in operation at various locations in the Town of Alabama, including some on Macomber and Townline roads and on farms on Ledge Road and Maple Avenue.

Crossen also made it clear that he has no opinion on the matter at this point.

“I want to hear what the public has to say,” he said.

The current noise regulation states the following:

7. Noise. Audible noise due to the operation of any part of a Non-Commercial Wind Energy System shall not exceed 50 decibels (dBA) for more than 5 minutes out of any one-hour time period, when measured at any neighboring property line not owned by the applicant.

If the amendment is passed, a key revision would require residents filing a “legitimate complaint” to bear the cost of “independent third-party professional sound testing.”

The proposed amended ordinance reads as follows:

7. Noise. Audible noise due to the operation of any part of a Non-Commercial Wind Energy System shall not exceed 50 decibels (dBA) for more than 5 minutes out of any one-hour time period. An exemption shall be made when the National Weather Service issues a high wind advisory or warning.

Any sound testing shall only be done due to a legitimate complaint and shall be conducted in closest neighboring inhabited dwelling. The cost of this independent third-party professional sound testing shall be borne by the complainant. If the testing at complainant’s inhabited dwelling shows sound level exceeding allowable limits, the wind turbine owner must address and remedy the situation in coordination with the Town of Alabama Zoning Enforcement Officer.

-- A wind advisory is issued when the following conditions are expected: sustained winds of 31 to 39 mph for an hour or more; and/or wind gusts of 46 to 57 mph for any duration;
-- A high wind warning is issued when the following conditions are expected: sustained winds of 40 mph or higher for one hour or more; and/or wind gusts of 58 mph or higher for any duration.