RIPLEY — At their meeting Jan. 13, Ripley Town Board members were asked to rescind the resolution passed on Dec. 30 for approval of a Host Community Agreement for the South Ripley Solar Project.

Board members chose not to do so.

On Dec. 30, Doug Bowen, town supervisor, along with several board members voted in favor of a resolution after having reviewed the draft Host Community Agreement provided by ConnectGen. The agreement would guarantee yearly payments to the town for 30 years after the project commences operation, with payments totaling $36,870,374 over the life of the agreement.

Julie Rice, a newly elected and sworn-in board member, made a motion to rescind the resolution based on the fact that the newest members of the board had not been able to review it. She also said that the Ripley Fire Department was not invited to review the final agreement, and she said the agreement takes away the right of residents to have a say in the outcome. The motion was seconded by Don Henry, who was also just sworn in as a board member.

Attorney Ben Wisniewski, who attended the meeting via Zoom and had provided updates on the South Ripley Solar Project, responded that the town is not bound to the fire department and, furthermore, the agreement does not directly involve the fire department.

“From a legal perspective, I would disagree that it takes away the rights of citizens,” he said. “This agreement does not affect the people. All it does is establish a payment stream.”

Wisniewski also said the resolution could not be rescinded and he did not believe it would be legal to do so.

“The previous board members reviewed this agreement many times,” Wisniewski said. “This agreement only sets up a payment stream to the town if the project is accepted,” by the state.

Wisniewski went on to emphasize that the town does not have the power to approve or reject the South Ripley Solar Project. The resolution states that the town’s approval of the HCA does not approve the 94-c application or provide ConnectGen with the 94-c permit required to construct and operate the project, he added.

Because Rice’s motion had been made and seconded, the board was obliged to take a vote. The motion was defeated by a vote of 3 to 2.

In a related matter, the town board accepted a letter of resignation from Rice.

Board members also approved a resolution to award the bid contract for the installation of the Sewer Plant UV disinfectant system to STC Construction of Springville. Bowen told the board that the town received three qualified bids, and the one from STC construction was the lowest. The other two bids came in at $665,000 and $690,000, he said.

Bowen told board members that the town’s architects, Clark, Patterson, Lee, reviewed all bids and recommended STC Construction. The contract to replace the chlorine disinfectant system with an ultraviolet system is for $494,800.

In other business, the board set a public hearing for a proposed tax exemption for persons with disabilities whose income is under $25,760. The hearing is set for Thursday, Feb. 10, at 7:15 p.m., just prior to the regular board meeting.

Wisniewski also updated the board on the application for a solar garden at 5246 route 76 by Clean Choice Energy. He said the engineering firm, LaBella Associates, is “taking a hard look at the application and will present it to the town Planning Board.”

In terms of the proposed battery storage law, Wisniewski said they are still determining whether periodic soil testing should be required. “And we need to conform the decommissioning process to New York state law,” he said.

Wisniewski noted that he feels the law is almost prepared. “I think we are on track to introducing the law at the next meeting,” he said.

Wisniewski also updated board members on the South Ripley Solar Project, noting that they are still waiting for an updated and amended application. The application must be filed by Jan. 24.

Wisniewski said the amended application allows ConnectGen to redesign the substation which is on the North East-Sherman Road, near the Pennsylvania border. He said that ORES considers this a minor amendment.

The amended application also allows ConnectGen to address the deficiencies cited by ORES in October.

“We will be sitting tight and waiting until we get the amended application,” he said. “Then work will begin in earnest.”