DEP Solar Farm Cellular Coverage Questions Answered - Loophole In Acquisition, Officials Say

ARKVILLE - The Coalition of Watershed Towns (CWT) welcomed Shylo Williams, NYC Department of Environmental Protection (DEP) assistant commissioner to the regular meeting on Dec. 16.

Williams came into the position roughly five months ago moving to NY from South East Alaska. Williams has over 20 years of experience in water quality agreements most recently working with the city of Sitka's water treatment operations. Williams notes that the water approach in Sitka is similar to NYC's Filtration Avoidance Determination (FAD) and agreements with the watershed communities.

CWT Chair Ric Coombe and Catskill Watershed Corporation (CWC) Executive Director Jason Merwin complimented Williams on her ability to listen to concerns and engage in necessary discussion.

Williams reported on the preliminary phases of DEP's desire to expand cellular coverage around reservoirs and introduce solar arrays on city-owned property. Both projects are in their infancy and not much information is available, she explained. 

Williams noted that increased cellular would enrich DEP operations by eliminating some of the dead zones. Large cellular towers are not necessarily needed, she said. DEP will explore the use of microcells that attach to the sides of structures.

CWT Vice Chair Kavid Kukle asked if a sub-committee including town officials could be developed to discuss challenges with cellular coverage and tower regulations.

"That sounds like a great idea that I can bring forward," said Williams.

The solar arrays would be installed by private companies and the DEP will issue an RFI (request for information) to gauge interest, Williams reported.

In a previous conversation with DEP Commissioner Rohit Aggarwala, Coombe reports it is DEPs intent to permit community solar operations to benefit local residents. "Maybe there is a twist," Coomb noted, but current transmission lines can't transport solar energy well and it is best used locally. It is a mutual benefit because the initiative would also support the State's zero emissions goals, he added. 

CWT Committee Member William Federice, representing Schoharie County, noted recent litigation issues in Conesville regarding a solar farm. He said a PILOT program essentially took the town's assessment rights away, decreasing the property value by roughly 80%. 

CWT Treasurer and Andes Supervisor Wayland Gladstone asked DEP to consider conserving viable farmland for the rental program when implementing the solar array installations. Currently, DEP rents properties to farmers for utilization.

Williams said it is her understanding that in reviewing potential areas for the solar program all currently rented farmland was eliminated from being considered.

In another discussion, CWT Committee Member and Middletown Supervisor Glen Faulkner noted the importance of the land swap conversation. Watershed towns have been advocating to trade land with DEP to introduce viable developable land back into the communities. Lack of housing is a major issue for most communities, he said. Currently, Middletown is working with DEP to swap the property across the street from the Catskill Recreation Center in Arkville. 

Williams assured the board the DEP is having land swap conversations. Since this would require development of a new program, Williams noted it might take time to put into action.

CWT committee members also discussed finalizations of the FAD program negotiations with NYC. CWT Attorney Jeff Baker asked the board to review the section which permits town boards to approve sale of property to DEP for the CSAP acquisition program. 

Following lengthy discussions and advocacy by Watershed officials to eliminate acquisition in priority areas 3 and 4, DEP has agreed to this revision. Baker reports that Delaware County Chair Tina Molè and Roxbury Supervisor Allen Hinkley see the town board approval provision as a loophole to DEP acquisition and do not believe officials should be in the position to permit sales. They have advocated for the condition to be removed.

Many council members expressed a desire to reserve the right for towns to permit sales. 

Kukle offered an example of where this provision would be beneficial for Hunter. A property owner with a large parcel was looking to sell and the town worked with them to subdivide buildable portions. Those subdivisions were quickly sold and housing developments were built benefiting the community, he explained. The large portion behind those developments is mostly wetlands and individuals living in the community could benefit from it becoming DEP-protected with walking trails and other recreational uses, Kukle explained.

Baker will explore leaving the provision for towns that want it and eliminating it for those that it benefits. Baker explained that this provision could be reviewed every five years.

On another note, Gladstone brought up issues with stewardship on City-owned land. He said his farm and barns have been flooded out one too many times by the stream on DEP land. "Enough is enough," he stated. 

Other board members chimed in noting similar issues and arguing for better stewardship programs and implementation of BMPs (best management practices).

Merwin said in some cases CWC might be able to assist with projects upstream on private properties. 

The next CWT meeting is scheduled Monday, Jan. 20 at 6:15 p.m.