Shift To Sole Assessor Moratorium On Solar Projects In Middletown

MIDDLETOWN - Middletown board members met for their regular monthly meeting on June 11, where they discussed transitioning to a sole assessor and adopting legislation for solar farms.

Sole Assess or Elect

Currently, the town has three elected town assessors - MegAnne Balcom, Kenneth Taylor, and Joseph Todd. However, Todd resigned from the position in April.

Supervisor Glen Faulkner said the desire to consolidate the department came after the development of a committee tasked with reviewing the assessors' needs. After several discussions over the past year, Faulkner stated that it was determined that, along with a reevaluation and software updates, it would be best to transition to a sole assessor.

Neighboring towns, including Walton and Roxbury, no longer have elected assessors. With one vacancy and little interest in the position, the board is increasingly in favor of appointing a sole assessor.

A public hearing regarding assessor transition took place just before the meeting, where Town Attorney Nicholas Cortese of Caughlin & Gerhart presented the facts. New York State began advocating for towns to consolidate their assessment functions in the 1970s. If the town adopts this model, the position will be officially created in June 2026 and will be effective as of January 2027. The delay provides some time to transition away from elected assessors, said Cortese. An appointed assessor will have a term of six years, as mandated by State law.

A transition would allow for more control over the assessment office by seeking a professional, noted Cortese. Elected officials do not need experience and instead take required training once in office.

The town also has the option to switch to one elected assessor. "If you are going to switch," said Cortese, "I would suggest just moving to an appointed one." He added that elected assessors are a relic of the past.

In favor of a sole assessor, Councilmember Robbin Williams noted that the position is one that really "impacts people and their livelihoods," and should be operated by someone with the appropriate skill set.

The board is expected to pass a local law transitioning to an appointed assessor at the next regular meeting on Wednesday, July 9, at 6 p.m.

Solar Legislation

In another discussion, Faulkner asked Cortese if the town should develop a solar farm law regulating the permitting process. The question was evoked after the planning board received an application from Abundant Solar for a project along Route 28 near Oakley's Wood-Fired Pizza & Grill. While this application is in its final stages of approval, Faulkner felt a moratorium for future applications would be necessary as a law is developed. He noted that Abundant Solar has worked well with the town in developing a PILOT (payment-in-lieu-of-taxes) agreement.

The significant issues with large solar projects, which should be addressed through legislation, explained Cortese, include requirements for aesthetic appeal and the need for decommissioning funds. Solar projects typically have a lifespan of approximately 20 to 30 years. Decommissioning regulations would require builders to set aside funds to dismantle the project when it becomes obsolete. Cortese provided the board with an 18-page solar law he developed for Laurens in Otsego County for review.

In State real property tax law, there is a provision that makes all solar projects tax-exempt. The town can opt out of that provision, making them no longer eligible for a PILOT agreement. However, the State social assessment model, which helps municipalities tax solar projects, is currently being challenged in the courts, explained Cortese. If the town were to tax these projects, he said, they should expect to be sued immediately. Cortese advised the board to refrain from opting out of this provision until the court has made a decision. He added that the PILOT agreement allows the town to gain non-monetary benefits.

The board unanimously approved the moratorium on any future applications pending the development of solar legislation. A public hearing is scheduled for 6 p.m., immediately preceding the regular monthly meeting on July 9.

In other business

The board commented on the safety issues related to Oakley's parking lot in connection with their pending liquor license application. Faulkner explained that the parking lot size requires visitors to back their cars onto Route 28. Town officials later noted that at least one accident has been reported annually at Oakley's, with one being fatal. The application, with town comments, will be sent to the New York State Liquor Authority.

The council adopted a Community Rating System (CRS) for participation in the National Flood Insurance Program (NFIP). The program recognizes involvement in flood improvement plans and public outreach. By participating, the town is eligible for a lower rating, which provides higher savings for individuals with flood insurance through NFIP. Middletown is working to achieve a Level 6 designation, offering 20% savings. For more information, visit fema.gov/floodplain-management/community-rating-system. Margaretville is currently a level 8, and Fleischmanns is a level 9.

A motion was approved to continue shared code enforcement services with Margaretville for another month.

All bids received for mowing of the town cemeteries were rejected as incomplete. The town will hire on a case-by-case basis to mow.

The Highway Department received an additional $40,000 in CHIPS funds this year.

Following an executive session, the board motioned to hire a deputy code enforcement officer at $35 per hour, pending the availability of Code Officer Hiram Davis.