Arkwright took that idiom to heart when it comes to solar zoning.

At a recent meeting of the Arkwright Town Council, members of the board re-voted on a proposed solar zoning law to regulate solar energy systems in the town. After the law did not pass in December, Town Supervisor Brian McAvoy brought the issue before the board again in February to re-vote. This time, the law passed with three votes in favor.

“My view is, we’re not courting anybody. The town is not in the solar business. If a private landowner is talking to a developer about community solar, I want us to have guidance on how we’d like it done in our town,” said McAvoy. “Anybody I’ve talked to says ‘you should have zoning.'”

See ARKWRIGHT,

Arkwright Town Councilwoman Lynn Bedford abstained from a vote on a solar zoning law for the Town of Arkwright at a recent meeting.

McAvoy voted in favor of the law — titled Local Law 1 of 2023 — as did Councilman Larry Ball, who was absent at the last vote. After deliberating, Councilman Chris Jackson reluctantly voted yes, despite voting no last time because of issues he had with the setback requirements. Councilman Bruce Gustafson was absent for the vote.

Councilwoman Lynn Bedford, who voted against the law the first time, chose to abstain from the vote. Her refusal to vote became a source of contention throughout the rest of the meeting.

Councilman Ball said, “As an elected official, I believe our constituents deserve an up and down vote – either we are for something or we are against something. I do not believe that declining or abstaining has any business in town business.”

During public comment at the end of the meeting, Larry Wilcox shared his objection to Bedford’s abstention.

“There was an abstention on a local law tonight. I’m really amazed at that because, as public officials, you’re elected by the residents of the town to say yes or no,” Wilcox said. “You’re elected to represent the people. Say yes or no.”

McAvoy responded, “You’re preaching to the choir. I get your point, but what am I supposed to do? I can’t force somebody to say something they don’t want to say.”

Wilcox also questioned the board on if it knows whether or not board members can legally abstain from a vote without having a conflict of interest warranting them to do so.

After McAvoy reached out to Town Attorney Joe Calimeri, he shared with the board and The OBSERVER that board members can in fact refuse to vote, but as it pertains to a majority perspective, an abstention from a vote is treated the same as a vote against what is being proposed.

“I would have definitely voted ‘No’ on that issue, but because my predecessors have declined votes before me, I chose to do it that way,” Bedford said.

The board is also planning to further discuss a law short-term rental law in the coming months.

“My stance on it is don’t deny somebody the opportunity to have a legal business on their own property … but it has to be done safely and it has to be done in respect to their neighbors,” McAvoy said. “That’s really all I’m looking for.”

Bedford believes that a law regulating short-term rental properties would infringe upon constitutional rights. She does not want to regulate short-term rental properties at all. “That’s my opinion,” she said.