TB Meeting Minutes December 13, 2007

TB Meeting December 13, 2007

The regular meeting of the Town of Cherry Valley Town Board was held on Thursday, December 13, 2007 with meeting called to order at 7:06PM by Supervisor Garretson.

Pledge to the Flag was said.

Roll call of Officers was taken:
Tom Garretson Supervisor P
Mark Cornwell Councilperson P
Jim Johnson Councilperson P
Ed VanDerWerker Highway Superintendent P
Mary Beth Flint Town Clerk P

Minutes of the November 2007 meeting were read and corrections were made. Supervisor Garretson approved the minutes as corrected.

Bills for the month of December were presented:
414 AFLAC New York $166.80pd
415 Cherry Valley Hardware $62.61pd
416 Medical Arts Press $13.17pd
417 Broadview Networks $283.17pd
418 Quill Corp. $12.83pd
419 Pro Vantage $60.80pd
420 Dorothy E. Johnson $7.65pd
421 Lisa Fassett $14.95pd
422 The Daily Star $51.35pd
423 Dan Kiesow $67.50pd
424 Rural Business Services $500.00pd
425 NBT Bank, N.A. $7,475pd
426 Otsego County Code Enforcement $50.00pd
427 Coca Cola Enterprises $148.05pd
428 Logical Net $17.95pd
429 Hummel’s Office Supply $93.77pd
430 Alberta Deselets $150.00pd
431 Jaird Johnson $64.99pd
432 Verizon Wireless $94.01pd
433 Us Postal Service $2.55pd
434 JGB Factoring GMBH, LLC Merc. $12.27pd
435 Ikon Office Solutions $67.99pd
436 National Grid $1,172.41pd
437 Vets Disposal $56.98pd
438 Rury’s Food Store $132.00pd
439 Lisa Fassett $13.80pd
440 Transcription Associates $781.80pd
441 Cordia Communications $88.89pd
442 RBS Inc. $149.00pd
443 Ikon Financial Services $196.91pd
444 Medical Arts Press $238.00pd
445 Excellus BC/BS $487.78pd
446 Excellus BC/BS $5,085.39pd
447 Verizon $183.08pd
448 NYS Association of Towns $700.00pd
449 William T. Ryan Associates $1,180.93pd
450 Community Planning and Envir. Assoc. $509.08pd
451 Suburban Propane $1,857.69pd
452 Bassett Healthcare $29,037.74pd

Highway Vouchers:
Item 3 (158-173)
Item 4 (20-22)

Councilperson Cornwell made a motion to accept the invoices and payments as read Councilperson Johnson seconded the motion. The invoices and payments have been presented and accepted. All in favor 3 yes 0 no. Motion carried.

Town share of monthly sales tax collected for the month of September 2007 is $4,486.74.

Dog Control Officers report for September, October and November will be on file in the Town Clerks office.

Updates:
Community Center report given by Mary Beth Flint: The Community Center is being fully utilized with Scouts, Senior Exercise, Biddy Basketball, Men’s Basketball, Adult Soccer as well as private parties and fund raising functions.

Health Center report given by Supervisor Garretson: Expenses for November 2007 are $38,755.00 and Revenues are $28,632.00. Supervisor Garretson provided the Board with a break down of visits from surrounding Towns and Counties at the Health Center. Correspondence received from the State of New York Department of Health Re: Annual AHCF-1 Report. Supervisor Garretson appointed Richard Marks to the Health Center Board of Directors.

Village Shared Services: Supervisor Garretson received correspondence from Phil Giltner from Kirsten Gillabrand’s office regarding a $44,000 grant for turn out gear for the Cherry Valley Volunteer Fire Department.

Cherry Valley Facilities Corp: There has been a problem with the boiler breaking down resulting in no heat and the bathrooms being out of order for the Village and Town Clerk office. Supervisor Garretson has dropped off the lease agreement to Lynn Green to look
over with consideration of pulling the offices out of the building.

Town Facilities: The Supervisor’s office now has high-speed Internet connection.

Visitor Center: Correspondence from the County committing to the $25,000 match for the Visitor Center. Supervisor Garretson is prepared to take over the reins for the visitor center because current plans are moving to slow.

Highway Department: Correspondence for review from Maggie Gage at Gates Cole Insurance Agency regarding the insurance on the Town Equipment. A question was raised regarding doing a Town Tire Collection day? Supervisor Garretson will get in touch with Terry Bliss from the County Planning Department. Highway Superintendent VanDerWerker was told by the County Highway Department, the County is currently out of Salt for the Town.

Land Use Committee: Jim Johnson reported the committee met in November and reviewed a couple of different Land Use Plans from surrounding Townships. There will be no meeting in December.

Alternative/Renewable Energy Committee: Mark Cornwell reviewed the talk Keith Pitman from Empire Wind gave at the Community Center. The meeting was well attended. Other topics discussed were, where does the School purchase their apple supply? Are they using local growers? The Farmer’s Market being held at the Gazebo is being looked into. The land is privately owned, however the Town held the insurance on the land. The Town has dropped this insurance for the land the Gazebo sits on. The Cherry Valley Chamber of Commerce has picked up the insurance. NYSERDA is being contacted to find out about incentives for individuals who make their homes energy efficient.

Resolution 2007-8 American Tower Corporation Assessment Agreement

Resolution of the Cherry Valley Town Board:

Proposed Action: Town settlement of agreed assessment with American Tower Corporation

Whereas, American Tower Corporation came before the Town Assessor and the Board of Assessment Review of the Town of Cherry Valley on May 22nd 2007 to request a correction and reduction of valuation of said assessed property, and

Whereas, the Board of Assessment Review acknowledged the request for correction and reduction of value of said property, and

Whereas, American Tower Corporation has filed a notice of petition stating that the
assessment of $115,000 is unlawful and unfair, and

Whereas, American Tower Corporation has sought to have the assessment reduced by $97,026 to a sought assessment of $17,974, and

Whereas, The law office of Green and Green, acting on behalf of the Town of Cherry Valley has met with the town assessor and the County Director of Real Property Tax Service, and together have reached a settlement with American Tower Corporation, and

Whereas, that settlement is for an agreed assessment of $61,500, and

Now, therefore be it resolved, the Cherry Valley Town Board authorizes the Law Offices of Green and Green to sign a stipulation accomplishing this settlement.

A discussion ensued by the Board; currently the Tower on East Hill is deactivated; will the assessment go up if the Tower becomes activated? Supervisor Garretson will inquire with Lynn Green, Town Attorney to address this concern with a written letter.

Councilperson Johnson, made a motion to accept Resolution 2007-8 American Tower Corporation Assessment Agreement, Councilperson Cornwell seconded the motion. A roll call of votes is taken: Supervisor Garretson-yes, Councilperson Johnson-yes, and Councilperson Cornwell-yes. 3 yes 0 no. Duly carried.

Councilperson Johnson will swear in newly elected as well as re-elected town officials at the January Town Board meeting. The Organizational meeting will also be held at the January Town Board meeting.

Supervisor Garretson received a letter and photographs from Sally Landers-Supervisor for the Town of Exeter. The photographs were from the Cherry Valley Centennial.

A discussion was held regarding the need to do a re-assessment of all properties in the Town of Cherry Valley.

Motion to adjourn is made by Councilperson Johnson and seconded by Councilperson Cornwell.

There being no further business the meeting was adjourned at 8:27PM.

Respectfully submitted,


Mary Beth Flint
Town Clerk

TB Meeting November 8, 2007

TB Meeting November 8, 2007
The regular meeting of the Town of Cherry Valley Town Board was held on Thursday, November 8, 2007 with meeting called to order at 7:06PM by Supervisor Garretson.
Pledge to the Flag was said.
Roll call of Officers was taken:
Tom Garretson Supervisor P
Mark Cornwell Councilperson P
Jim Johnson Councilperson P
Ed VanDerWerker Highway Superintendent P
Mary Beth Flint Town Clerk P
Minutes of the October 2007 meeting were read and corrections were made. Supervisor Garretson approved the minutes as corrected.
Bills for the month of November presented:
381CherryValley $200.00pd
382 Lyman & James Johnson $200.00pd
383 NYS Employment Taxes $515.21pd
384 United States Treasurer $49.55pd
385 AFLAC New York $166.80pd
386 Rural Business Service $250.00pd
387 Dan Kiesow $52.50pd
388 US Postal Service $4.00pd
389 Broadview Networks $314.18pd
390 Cordia Communications $94.78pd
391 Bruce Hall Corp $63.45pd
392 Logical Net $17.95pd
393 Medical Arts Press $141.98pd
394 Transcription Associates $794.55pd
395 Calendars $24.67pd
396 Susquehanna SPCA $154.00pd
397 Verizon Wireless $94.07pd
398 Postmaster $82.00pd
399 Andrew Criscola $24.36pd
400 Postmaster $36.00pd
401 Public Goods Pool $624.00pd
402 Ikon Financial Services $196.91pd
403 Time Warner $209.85pd
404 Verizon $203.32pd
405 Vets Disposal $56.51pd
406 National Grid $936.24pd
407 Suburban Propane $1,091.95pd
408 Keith McCarty $1,875.50pd
409 Bassett Healthcare $26,130.71pd
410 Excellus BC/BS $487.78pd
411 Excellus BC/BS $5,085.39pd
412 Suburban Propane $280.70pd
413 Lisa Fassett $14.10pd
414 Time Warner of Albany $69.95pd
Highway Vouchers:
Item 1 (39-40)
Item 3 (144-157)
Item 4 (18-19)
Councilperson Johnson made a motion to accept the invoices and payments as read Councilperson Cornwell seconded the motion. The invoices and payments have been presented and accepted. All in favor 3 yes 0 no. Motion carried.
Town share of monthly sales tax collected for the month of August $8,059.90.
Dog Control Officers report for July and August will be on file in the Town Clerks office.
Updates:
Community Center report given by Mary Beth Flint: Nothing new to report the schedule is going well.
Alden Field report give by Supervisor Garretson: Soccer season is over and the soccer fields have been flagged for the spring season.
Health Center report given by Supervisor Garretson: Expenses for October 2007 are $33,290.00 and Revenues are $19,534.00. The Medicare reimbursement problem has been fixed.
Village Shared Services: The Town Assessor, Kassandra Cade Laymon, will work out of the Town Clerk’s office.

Cherry Valley Facilities Corp. The pavement on the ramp leading into the Village/Town offices has been smoothed up.
Town Facilities: Boiler fixed in the Community Center as well as the leak in the roof and the 2 outside lights.
County Representative Phil Durkin asked Andy Minnig to speak on his behalf. Mr. Durkin is unable to attend the Board Meeting due to a conflict in his schedule. The County Board will be reviewing next years budget on November 14 at 6:00PM.
Visitor Center: June Barwick reports a decision is made to use a pre-approved architect from a list the State provides. Monies received from the County for the Visitor Center will go into the Town General Fund and earmarked for the Visitor Center.
Planning Board: Walter Buist reports the Elexico gas company is seeking gas leases on private properties.
Highway Department: Highway Superintendent Ed VanDerWerker reports the Town will receive $63,000 from the CHIPS program in December.
Land Use Committee: Walter Buist reports the regular meeting was held on October 18. The committee talked with Terry Bliss, County Planning Board representative, on revisions to the Town’s sub-division law. Mr. Bliss recommends extracting two amendments made to the sub-division law made in 1984 & 1992 regarding Mobile Homes and have these amendments as stand alone amendments.
Alternative/Renewable Energy Committee: Mark Cornwell states the Committee has not met formally this past month due to the elections. Keith Pitman from Empire Wind will be speaking next Tuesday at 7:00PM at the Community Center.
Resolution 2007-7 NYS DOT Snow and Ice Agreement is presented:
Resolution of the Cherry Valley Town Board:
Proposed Action: Snow and Ice Agreement between NYS DOT and the Town of Cherry Valley.
Whereas, the New York State Department of Transportation and the Town of Cherry Valley have entered into agreement #D010680 entitled "Indexed Lump Sum Snow and Ice Agreement between the New York State Department of Transportation and the Town of Cherry Valley dated January 14th 1997, and
Whereas, the present term of the agreement as previously extended, expires June 30th 2007, and
Whereas, the said agreement provides for an annual update of the estimated expenditure to be determined by NYS DOT, and
Now, therefore be it resolved: The aforementioned Indexed Lump Sum Snow and Ice Agreement between the New York State Department of Transportation and the Town of Cherry Valley is herby extended for a period of one year; now to expire on June 30th2008, and
Further be it resolved: The indexed lump sum estimated expenditure of the aforementioned agreement shall be $2777.03 per lane mile for 12.6 lane miles for a total of $34,990.54 for the 2005-2006 season and for the reminder of the term of the agreement, unless changed by a future update.
Councilperson Johnson, made a motion to accept Resolution 2007-7 NYS DOT Snow and Ice Agreement, Councilperson Cornwell seconded the motion. A roll call of votes is taken: Supervisor Garretson-yes, Councilperson Johnson-yes, and Councilperson Cornwell-yes. 3 yes 0 no. Duly carried.
At 7:45PM the Public Hearing for the Preliminary Budget 2008 for the Town of Cherry Valley is called to order. The Preliminary 2008 budget is presented and discussed by the Town Board and the public present. The Public Hearing is closed at 8:54PM.
Councilperson Cornwell motioned to accept the Budget for 2008 as presented Councilperson Johnson seconded the motion. A roll call of votes is taken: Supervisor Garretson-yes, Councilperson Johnson-yes, and Councilperson Cornwell-yes. 3 yes 0 no The 2008 Budget for the Town of Cherry Valley is adopted.
Motion to adjourn is made by Councilperson Johnson and seconded by Councilperson Cornwell.
There being no further business the meeting was adjourned at 8:56PM.
Respectfully submitted,

Mary Beth Flint
Town Clerk

TB Meeting June 14, 2007

TB Meeting June 14, 2007

The regular meeting of the Town of Cherry Valley Town Board was held on Thursday, June 14, 2007 with meeting called to order at 7:00PM by Supervisor Garretson.

Pledge to the Flag was said.

Roll call of Officers was taken:
Tom Garretson Supervisor P
Mark Cornwell Councilperson P
Jim Johnson Councilperson P
Ed VanDerWerker Highway Superintendent P
MaryBeth Flint Town Clerk P

Minutes of the May 2007 meeting were read and corrected. Supervisor Garretson approved the minutes as corrected.

Bills for the month of June are presented:
185 Fredy Herr 102.55
186 Coca-Cola Bottling Co. 157.30
187 Post Office Box rent 96.00
188 Tri-County Communications Inc. 179.10
189 J B Supply 117.21
190 Aflac NY 166.80pd
191 Iron String Press, Inc. 21.66pd
192 The Daily Star 67.23pd
193 Russell Johnson 55.29pd
194 The Copy Shop 793.25pd
195 Excellus 5,273.53pd
196 Excellus 487.78pd
197 WilliamsLawBookCo. 171.00pd
198 Hummel's Office Supply 143.68pd
199 Thomas Garretson 7.40pd
200 Andrew Criscola 43.62pd
201 Edward Harvey 267.00pd
202 Deb Whiteman 15.00pd
203 ThePennysaver 56.40pd
204 Bassett Healthcare - 25,626.50pd
205 Lisa Fassett-HC 5.00pd
206 Logical Net-HC 17.95pd
207 Pomco-HC 7.20pd
208 Rural Business Services-HC 250.00pd
209 Quill Corp-HC 60.98pd
210 MedicalArtsPress-HC 53.60pd
211 Lisa Fassett-UC 44.60pd
212 Medical Arts Press-HC 81.96pd
213 Rural Business Service-HC 250.00pd
214 NYS Public Goods-HC 898.00pd

Highway Vouchers: ;
Item 1 (14-20)
Item 3 (75-90)

Councilperson Johnson made a motion to accept the invoices and payments as read. Councilperson Cornwell seconded the motion. The invoices and payments have been presented and accepted. All in favor 3 yes 0 no. Motion carried.

Town share of monthly sales tax collected for the month of March 2007 is $4,573.85.

Mortgage Tax collected for 10/1/06-3/31/07 is $7,159.79

The Cherry Valley American Legion presented a new Flag to the Town of Cherry Valley. The new flag will be on display in the shared off ces of the Village Clerk and the Town Clerk.

Updates:

Community Center update given by Mary Beth Flint: Currently there are a few private parties being booked for the summer months.

Alden Field: Supervisor Garretson reports he is still currently lining the soccer fields for spring soccer league.

Health Center: Supervisor Garretson reported the expected income for the Health center is $33,232.00 and the current income is $31,264.00.

Town Facilities report given by Supervisor Garretson. Maintenance contracts have been received from Suburban Propane. Currently Jeff Stiles maintains all the boilers for all the Town Facilities.

Cherry Valley Facilities Corp report given by Marion Holmes: Unpaid bills for this month are $9,635.16 this total is down $153.00 from last month. As far as Marion knows the $20,000 grant from Senator Seward has not been received yet.

Supervisor Garretson reported the Village received correspondence from State Assemblyman Mr. Walker with concerns of the newly installed traffic light in the center of town.

Village shared services: Supervisor Garretson reported 6 new phone lines have been installed and on June 22 the Village telephone lines will be transferred.

Visitor Center: Supervisor Garretson has submitted the last piece of paperwork. The Land purchase is still in limbo.

Planning Board report given by Walter Buist. Continuing discussion on Elexcico. Approval given for a subdivision.

County Representative Phil Durkin presented a booklet entitled: Energy Initiatives. The next County Board meeting will be June 30 ~ 3:00pm. The Board will be voting on Tax refunds. Key bank has donated the checks for free. The county fell short of the 200 tons of waste with Mosa.

Supervisor Garretson received correspondence from Jim Devine, President of Advanced Energy Panels. Empire Wind who is interested in meeting with the Town Board and School also contacted supervisor Garretson. Supervisor Garretson will be working with both Councilmen to form two committees one for Empire Wind and the other committee will be for Land use.

New Business: Resolution No. 2007-3, Town of Cherry Valley Comprehensive Plan. Motion to adopt Resolution No. 2007-3 is made by Councilperson Cornwell and seconded by Councilperson Johnson. A roll call vote is taken: Supervisor Garretson-yes, Councilperson Johnson-yes and Councilperson Cornwell-yes. Yes votes-3 No votes-0. Motion carried.

Supervisor Garretson received and read a Courtesy Correspondence from the Town of Sharon Springs regarding a new Verizon Tower being installed.

Questions and Comments were entertained by the public present.

There being no further business the meeting was adjourned at 8:08PM

Respectfully submitted,

Mary Beth Flint
Town Clerk

TB Meeting April 12, 2007

TB Meeting April 12, 2007

The regular meeting of the Town of Cherry Valley Town Board was held on Thursday, April 12, 2007 with meeting called to order at 7:04PM by Supervisor Garretson.

Pledge to the Flag was said.

Roll call of Officers was taken:
Tom Garretson Supervisor P
MarkCornwell Councilperson P
Jim Johnson Councilperson P
Ed VanDerWerker Highway Superintendent P
Mary Beth Flint Town Clerk P

Minutes of the March 2007 meeting were read and corrections were made. Supervisor Garretson approved the minutes as read.

Bills for the month of March were presented:
93 Mary Beth Flint-TC Computer $654.29pd
94 Excellus 487.78pd
95 Excellus 5,273.53pd
96 Bill Garretson 1,755.00pd
97 Jodi Grover 15.00pd
98 Jodi Grover 5.09pd
99 Standard Security Life Ins. 65.37pd
100 Suburban Propane 958.83pd
101 Leadership Conference 25.00pd
102 National Grid 1,44.22pd
103 Verizon 66.06pd
104 Vets 55.30pd
105 Cordia Communications 93.86pd
106 Thompson Electric and Plumbing 819.79pd
107 Youth Center-Daisy Ford 250.00pd
108 Alberta Deselets 150.00pd
109 Jaird Johnson 4.64pd
110 Suburban Propane 520 39pd
111 Broadview Networks 416 06pd
112 Otsego County Treasurer 202 50pd
113 Williamson Law Book Co.- 180.58pd
114 Suburban Propane 1,279 23pd
115 George Cade 300.00pd
116 Wells Fargo Bank 250.00pd
117 Recon Trust Co. 350.00pd
118 Cherry Valley Hardware 38.55pd
119 Cherry Valley Facilities Corp 200.00pd
120 Lyman and James Johnson $200.00pd
121 Dan Kiesow 52.50pd
122 Haggerty Hardware 2795pd
123 Aflac 166.80pd
HEALTH CENTER
124 Bassett Healthcare 23,85563pd
125 Logical Net 36.15pd
126 Lisa Fassett 8.10pd
127 NYS Public Goods Pool 400.00pd
128 Ikon Office Solutions 62.00pd
129 Lisa Fassett 6.56pd
130 NYS Public Goods Pool 288.00pd
131 Medical Arts Press 329.83pd
132 Ikon Office Solutions 62.00pd
133 Transcription Associates 633.15pd
134 Quill Corp. 18.42pd
135 Rurys Food Store 92.56pd
136 NYS Medicaid Inspector General 391.42pd
137 William T Ryan Associate's 27250pd

Highway Vouchers:
Item 1 7-8
Item 3 44-56
Item 4 9-10

Councilperson Cornwell made a motion to accept the invoices and payments as read. Councilperson Johnson seconded the motion The invoices and payments have been presented and accepted. All in favor 3 yes 0 no. Motion carried.

Town share of monthly sales tax collected for the month of January 2007 is $3,549.63

Updates:

Community Center update given by Mary Beth. The Circus was a success and the indoor ; activities are winding down.

Alden Field is currently under water from the latest snowfall.

Health Center: Nothing to report.

Building report unavailable.

Cherry Valley Facilities Corp received a $20,000 grant to use for general fund. The Current tuition charged for Daycare students is not meeting the expenses for the current teachers on staff.

Supervisor Garretson reported the Village shared services had a joint meeting to discuss the Community Center. All present felt the Health Center is a good model to work off of for the Community Center. The current Board members are Larry Carson, Chairperson, Helen Stiles, Laurie Spencer, Judy Wertenbaker and Mary Beth Flint, Director/Scheduler. Tom Garretson stepped down from the board. Supervisor Garretson will be showing the budget on a separate line on the monthly Town financial report It was agreed to reappoint Board members on a yearly term basis.

Scenic byway visitor center: Warren Stannard's Hop Barn has been donated for the Visitor Center. The barn will need to be relocated.

Planning Board report given by Walter Buist. Subdivisions have been approved. Elexico Gas was given approval for exploratory test drilling. This company is exempt from site plan law they are regulated by DEC.

County Representative Phil Durkin was unable to attend the Town Board meeting.

The Comprehensive Planning Committee-Walter Buist presented the Draft Comprehensive Plan to the Town Board Copies of the Draft will be available at the Library, Town Clerk, Gates Cole, Bank as well as several other locations yet to be determined.

Effective January 1, 2008 elected Planning Board Members will be required to have 4 hours of educational training.

Miscellaneous Information: Lynn Green, Town Attorney broke his leg. We wish him a speedy recovery. New email address is available for the Town Supervisor through the new Town website Historic preservation award applications are available. There will be an upcoming conference at the Otesaga in Cooperstown the topic is Agriculture District Law 3Q5A.

Question and Comments were received by the public present.

Concerns were raised about the availability of the Draft Comprehensive Plan to be accessible to all Town residents.

There being no further business the meeting was adjourned at 8:25PM

Respectfully submitted,

Mary Beth Flint

TB Meeting March 8, 2007

TB Meeting March 8, 2007

The regular meeting of the Town of Cherry Valley Town Board was held on Thursday, March 8, 2007 with meeting called to order at 7:06PM. By Supervisor Garretson.

Pledge to the Flag was said.

Roll call of Officers was taken:
Tom Garretson Supervisor P
Mark Cornwell Councilperson P
Jim Johnson Councilperson P
Ed VanDerWerker Highway Superintendent P
Mary Beth Flint Town Clerk P

Minutes of the February 2007 meeting were read. Supervisor Garretson approved the minutes as read.

Bills for the month of February were presented:
63 Coca Cola $ 153.15pd
64 The Copy Shop Plus 144.72pd
65 NYS Associates of Magistrates Court 25.00pd
66 Cherry Valley Fire District 79,755.00pd
67 Excellus 487.78pd
68 Suburban Propane 1,031.73pd
69 Excellus 5,273.53pd
70 Rural Business Services 352.00pd
71 Labella Associates, P.C. 97.50pd
72 Verizon Wireless 11.19pd
73 Verizon 65.85pd
74 Suburban Propane 61.33pd
75 Susquehanna SPCA 154.00pd
76 Association of Towns NYS 700.00pd
77 Otsego Co. Magistrates Association 40.00pd
78 Dan Kiesow 67.50pd
79 Cordia Communications 93.86pd
80 National Grid 1,452.68pd
81 Vets Disposal 55.78pd
82 NYS Association of Magistrates Court 25.00pd
83 Gates Cole Associates 26,866.38pd
84 Bassett Healthcare-llC 11,645.50pd
85 Transcription Associates-HC 1,003.20pd
86 Quill Corp.-HC 116.87pd
87 Ikon Office Solutions-HC 28.59pd
88 Ikon FinancialServices-HC 393.82pd
89 Medical Arts Press-HC 45.80pd
90 Rural Business Services-HC $250.00pd
91 Quill Corp.-HC 659.66pd
92 Postmaster-HC 48.00pd

Highway Vouchers:

Item3 27-70
Item 1 5&6
Item 4 5-7

Councilperson Johnson made a motion to accept the invoices and payments as read. Councilperson Cornwell seconded the motion. The invoices and payments have, been presented and accepted. All in favor 3 yes 0 no. Motion carried.

Town share of monthly sales tax collected for the month of December 2006 is $4,302.10.

Updates:

Community Center update given by Mary Beth. Circus will be in town on
Wednesday March 21. There will be two showings 5:30 and 7:30PM.

Health Center: Supervisor Garretson reported there is currently negotiation contract with Ikon for a multi-purpose copier.

Building report given by Supervisor Garretson. Renovations are continuing on the Girls and Boys locker rooms to turn this space into a meeting room. Cherry Valley Facilities Corp Valentines Day dinner was cancelled due to lack of reservations.

Supervisor Garretson reported the Village shared services is still a work in progress. The scenic by-way is waiting for communication from Barbara Thomas.

Planning Board report given by Walter Buist. No pressing business to report. Andy Carson and Bob Loucks presented subdivision plans.

County Representative Phil Durkin was unable to attend the Town Board meeting. He did provide an email stating he was appointed to the County Planning Board.

Supervisor Garretson received correspondence from Jeff Wait. Mr. Wait is stepping down as Chairman for the Town Planning Board. Motion made by Councilperson Johnson to appoint Walter Buist as Chairman and Russell V. Flint as Co-Chairman for the remainder of 2007. Seconded by Councilperson Cornwell. A vote of yes and no was taken: Garretson-yes, Johnson-yes, and Cornwell-yes.

The Comprehensive Planning Committee Public llearing was rescheduled from February 26, 2007 to Monday, March 12, 2007 at 7:00PM in the Cherry Valley Facilities Corp. Cafe. The Draft Comprehensive Plan will be presented to the Town Board in April. Another Public Hearing will be held. The Comprehensive Plan will tentatively be voted on at the May Town Board meeting. The Draft Comprehensive Plan can be viewed at the Cherry Valley Library, Gates Cole or the Internet at district7Otsego.com. The Town Clerk asked for a copy of the Draft and Walter Buist stated the Town Clerk did not need a copy before it is presented to the Town Board.

Miscellaneous Information: Lynn Green is working on the technicalities of increasing the Town Board from 2-4 members. Supervisor Garretson also thought it would be a good idea to increase the Supervisors term from 2 years to 4 year. These items will be a proposition on the November ballot.

FOIL request for individual invoices will not be filled, however, a copy of the warrants as proof of payment may be requested and filled.

Supervisor Garretson will be selecting a Renewable/Alternative Energy Committee in the future.

There being no further business the meeting was adjourned at 8:00PM

Respectfully submitted,

Mary Beth Flint
Town Clerk

TB February 9, 2006

TB Meeting February 9, 2006

The regular meeting of the Town of Cherry Valley Town Board was held on Thursday February 9, 2006 with meeting called to order at 7:12pm by Supervisor Garretson.

Pledge to the Flag.

Roll Call was taken:

Tom Garretson Supervisor P
Fabian Bressett Councilperson A
Jim Johnson Councilperson P
Ed VanDerwerker Highway Superintendent P
Mary Beth Flint Town Clerk P

Minutes of the January 2006 meeting were read and approved.

Bills for the month of February presented:

31. Suburban Energy Services $ 513.83pd
32. Thomas Garretson 260.43pd
33. Verizon 4.30pd
34. Stamp Fulfillment Services 1,541.75pd
35. National Grid 8.94pd
36. The Daily Star 14.40pd
37. Vets Disposal 54.55pd
38. Cobleskill Vet Clinic 77.00pd
39. Cordia Communications 95.71pd
40. National Grid 1,412.40pd
41. Broadview Networks 90.09pd
42. Verizon 24.32pd
43. Verizon Wireless 10.80pd
44. Verizon 29.31pd
45. NYS Assoc. of Magistrates Court 25.00pd
46. Jaird Johnson 32.76pd
47. Mary Beth Flint 55.99
48. Williamson Law Book Co. 81.26

HEALTHCENTER
49. Bassett Health Center $14,073.92pd
50. Transcription Associates 619.71pd
51. Broadview Networks $ 281.38pd
52. Logical Net 35.90pd
53. Ikon Office Solutions 126.83pd
54. Rural Business Services 250.00pd
55. Medical Arts Press 155.00pd
56. Quill Corp. 220.03pd
57. NYS Public Goods Pool 713.00pd
58. Bassett Healthcare Mike Sweet l8,055.67
59. American Heart Assoc. 150.00pd
60. Broadview Networks 27.84pd
61. Suburban Energy Services S12.73pd
62. Rods Welding 115.70
63. American Asphalt 1,996.18
64. Roger Cecce 162.50

HIGHWAY VOUCHERS:
Item 4 vouchers 4-6
Item3 vouchers 18-35

Motions made by Johnson second by Supervisor Garretson that the bills be paid as presented. Motion carried.

Towns share of monthly county sales tax collected for the month of November 2005 is $6,661.18

Dog Control Officer's report not unavailable.

Motion made by Supervisor Garretson to accept resignation letter from Thomas Garretson for Board of Review and appoint Lou Guido to finish out term. Second Johnson. Carried.

Motion made by Supervisor Garretson to appoint Walt Buist to fill Chris Ottman's term on the Town Planning Board. Second Jobuson. Carried.

Supervisor Garretson contacted the Board of Elections regarding voting machine ownership and it seems the Town will still be using the current Voting machines for future elections due to the newer voting machines are not yet available.

Enhanced Star Program applications are available through the Town Assessor, Town Clerk and Town Supervisor.

David Little of Reunion Power presented an update on the wind activities for East Hill. Mr. Little has agreed to present updates every other month. 60 days from today's date.

Questions were entertained from the public present.

Next months presenter will be Andrew Criscolo and Steve Childs regarding General Property Tax.

There being no further business the meeting was adjourned at 8:12pm.

Respectfully submitted,

MaryBeth Flint
Town Clerk

TB January 12, 2006

TB Meeting Janurary 12, 2006

The regular meeting of the Town of Cherry Valley Town Board was held on Thursday January 12, 2006 with meeting called to order at 7:07pm by Supervisor Garretson.

Pledge to the Flag.

Roll Call was taken:
Tom Garretson Supervisor P
Fabian Bressett Councilperson P
Jim Johnson Councilperson P
Ed VanDerwerker Highway Superintendent P
Mary Beth Flint Town Clerk P

Minutes of the December 2005 meeting were read and approved.

Bills for the month of January presented:

1. Bassett Healthcare-HC $18,055.67
2. Ikon Office Supplies-HC 24.86
3. Logical Net-lIC 17.95
4. Rural Business Service-HC 250.00
5. Smile Makers-HC 44.64
6. Medical Arts Press-HC 25.59
7. Rurys Food Store -HC 149.94
8. Post Master-HC 126.00
9. Broadview Networks-HC 270.18
10. Transcription Associates-HC 850.46 3
11. Dorothy Johnson 15.00pd
12. Verizon 10.80pd
13. Verizon 24.55pd
14. National Grid 21.78pd
15. Suburban Energy Services-Health Center 265.3S
16. Suburban Energy Services-Town 641.62
17. Otsego County Superintendent 120.00
18. R.H. Crown Co. 156.69
19. Association of Towns 699.00
20. Thomas Garretson 150.00
21. Thompson Electric 2,538.44
22. William T. Ryan Associates 1,457.27
23. Fabian Bressett III 76.00
24. Robert James Co. 124.51
25. Otsego County Town Supervisors 50.00
26. National Pastime $ 306.00
27. Russell C. Flint 33.47
28. Mary Beth Flint 310.56
29. Terri Adams 43.16
30. Suburban Energy Services-Community Center 1,660.01
31. Dan Kiesow 52.50

Highway Vouchers:
Item 1 vouchers 1-3
Item 3 vouchers 1-17
Item 4 vouchers 1-4

Motion made by Bressett seconded by Johnson that the bills be paid as presented. Motion carried.

Towns share of monthly county sales tax collected for the month of October 2005 is $4,268.61.

Dog Supervisor Garretson read Dog Control Officers report.

Old Business:

Town Recognized retiring Supervisor Robert C. Loucks and Town Clerk Russell C. Flint at a gathering at the Cherry Valley Community Center this past weekend. Senator Jim Seward made presentations to both Bob and Russell for their many years of dedicated service to the Community of Cherry Valley.

Cub Scout Pack 34 donated $1,000 towards the installation of a new kitchen in the Community Center.

Mike Fassett from Boy Scout Troup 47 presented to the Board of Directors for the Community Center/Alden Field, his Eagle Scout Project, Planter Benches for Alden Field. The Benches will be built and installed this spring at Alden Field.

There will be a Spaghetti Dinner on February 18, 2006 at the Cherry Valley Community Center from 5-7:30pm to benefit the equipment fund.

Margaret Lunzman gave an update on the Scenic By-Way. A grant was applied for Funds for a Tourist Center Building. The grant was denied. Motion made by Bressett seconded by Johnson to re-apply for the Grant to fund a Tourist Center Building for the Scenic ByWay.

Margaret also reported the Route 20 Association is holding a contest to design street sign logos. There is an Otsego 2000 preservation event coming up. Margaret also reminded all in attendance to read and or submit information for the Community Calendar, which hangs in the entrance to the Post Office.

New Business:

Annual Organizational meeting was held; rules and procedures for the monthly Town Board meetings for 2006 will include the basic agenda as follows:

Call to Order
Pledge to the Flag
Roll Call of the Town Board Officers
Minutes of the last meeting
Presentation of the monthly bills
Presentation of the Town's share of monthly county sales tax
Presentation of the Dog Control Officers Report
Old Business and updates
New Business and updates
Questions, comments and concerns with a 3-minute limit per speaker

The Town Board Meetings will start at 7:00pm and will be held on the 2nd Thursday of the month. If the second Thursday falls on a holiday, it will be held on the 3rd Thursday of that month.

There will be 96 hours prior notice to the Supervisor, for consideration to appear on the agenda.

The following Town positions have been appointed:
Town Health Officer Maureen Kuhn
Registrar of Vital Statistics Mary Beth Flint
Town Historian Susan Miller

The following Town positions have been appointed and /or hired.
With the position, individual and annual compensation as follows:

Town Attorney Lynn Green $ 3,600.00
Town Assessor Andrew Criscola $ 8,100.00
Town Dog Control Officer Jaird Johnson $ 3,000.00
Community Center Director Mary Beth Flint $ 3,000.00
Community Center Custodian Dan Keisow $ 3,600.00
Health Center Custodian Per Hour $ 10.00
Health Center Receptionist Split 2 ways $49,504.00
Town Highway Employees Per Hour $ 13.50

The official Town newspapers will be The Freeman's Journal, The Richfield Mercury and The Daily Star.

The official Town Bank will be the Cherry Valley branch of NBT.

Town business travel reimbursement will be 42 cents per mile.

A petty cash fund in the amount of $200 will be granted to the Town Clerk, to be reconciled on a quarterly basis.

The Superintendent of Highways is authorized to purchase small tools and equipment prior to monthly board approval, not to exceed $500.

The Supervisor of the Town is authorized to pay insurance, utility and communication bills prior to the monthly Town Board meeting.

The following positions and annual salaries are as follows:
Town Supervisor $10,500
Town Clerk $ 9,000
Town Council Person-total split two ways $ 5,000
Town Justice-total split two ways $16,000
Town Tax Collector $ 2,115
Town Superintendent of Highways $40,300

The Board of Assessment Review will consist of the following individuals with terms expiring on the following dates:

Derwin Utter Jan 2007
Tom Garretson Jan 2008 (To resign later this month)
Edward Harvey Jan 2009

The Town Planning Board will consist of the following individuals with terms expiring on the following dates:

Chris Ottman Jan 2006
Russell V. Flint Jan 2007
Jeff Waite Jan 2008
Liz Plymel Jan 2009
Linda Francese Jan 2010
Marion Holmes Jan 2011
Edward Garretson Jan 2012

Motion to accept the organizational meeting as read was made by Johnson seconded by Bressett. Carried.

Philip Durkin, County Representative gave and update on County Board Business.

There being no further business the meeting was adjourned at 7:40pm.

Respectfully submitted,
Mary
Beth Flint

TB Meeting October 11, 2007

TB Meeting October 11, 2007

The regular meeting of the Town of Cherry Valley Town Board was held on Thursday, October 11, 2007 with meeting called to order at 7:00PM by Supervisor Garretson.
Pledge to the Flag was said.
Roll call of Officers was taken:
Tom Garretson Supervisor P
Mark Cornwell Councilperson P
Jim Johnson Councilperson P
Ed VanDerWerker Highway Superintendent P
Mary Beth Flint Town Clerk P
Minutes of the September 2007 meeting were read and corrections were made. Supervisor Garretson approved the minutes as corrected.
Bills for the month of September were presented:
335 Thomas Garretson $247.32pd
336 Harold Couse $50.00pd
337 Hyde Clarke $50.00pd
338 RBS $89.00pd
339 Dan Kiesow $110.00pd
340 Ed Dubben $350.00pd
341 Jo Weaver $170.00pd
342 AFLA NY $166.80pd
343 Transcription Associates $923.10pd
344 Rury’s Food Store $100.24pd
345 Dan Kiesow $67.50pd
346 Medical Arts Press $46.68pd
347 Quill Corp. $86.76pd
348 Cherry Valley Hardware $22.33pd
349 Broadview Networks $119.65pd
350 RBS, Inc. $1,166.00pd
351 RBS $500.00pd
352 Ed VanDerwerker $150.00pd
353 Standard Security Life $65.37pd
354 Logical Net $17.95pd
355 Mercury Media (JGB Factoring LLC) $2.70pd
356 Mary Beth Flint $29.88pd
357 Tri-County Communications Inc. $179.10pd
358 Alberta Deselets $150.00pd
359 Rury’s Food Store $57.72pd
360 JB Supply $143.08pd
361 Verizon Wireless $41.30pd
362 Bassett Healthcare $21,886.84pd
DRAFT ONLY TB Meeting October 11, 2007
363 Regen, LLC Kevin Yerdon $830.00pd
364 Excellus Blue Cross Blue Shield $487.78pd
365 Excellus $5,085.39pd
366 Clark Sports Center $500.00pd
367 Cordia Communications $95.58pd
368 National Grid $1,007.71pd
369 Vets Disposal $56.51pd
370 Verizon $169.51pd
371 Broadview Networks $166.11pd
372 Ikon Financial Services $196.91pd
373 Lisa Fassett $41.00pd
374 Richard Spellman Jr. $55.00pd
375 Hummel’s Office Plus $135.99pd
376 Medical Arts Press $140.85pd
377 Quill Corp. $43.53pd
378 US Postal Services $234.05pd
379 A Rose is A Rose $54.00pd
380 Lisa Fassett $16.95pd
Highway Vouchers:
Item 1 (35-38)
Item 3 (133-143)
Item 4 (17)
Councilperson Cornwell made a motion to accept the invoices and payments as read Councilperson Johnson seconded the motion. The invoices and payments have been presented and accepted. All in favor 3 yes 0 no. Motion carried.
Town share of monthly sales tax collected for the month of July $5,230.74.
Updates:
Community Center report given by Mary Beth Flint. Work on the locker room will be addressed after the Holiday’s.
Alden Field report give by Supervisor Garretson. Nothing new. Tom will be lining the soccer fields until the end of the fall soccer season.
Health Center report given by Supervisor Garretson. Expenses for September 2007 are $28,662.00 and Revenues are $22,493.00. Accounts Receivable reports the Medicare and BC/BS system could not generate revenue coming back to the Health Center. The problem has been fixed.
Village/Shared services report given by Supervisor Garretson. The Town will pay Justices.
Cherry Valley Facilities Corp. Parking lot paved and Handicapped parking identified.
County Representative Phil Durkin reported County Board is busy getting the budget ready. The second batch of checks will have the Tax ID # printed on them. The board is forming a Committee to research how much it will cost to upgrade the Telecommunications system within the next 5 years. Mr. Durkin introduced Tex Seamon, Otsego County Veterans Director. Mr. Seamon presented information regarding newly passed NYS Law on Property Tax exemption Law amending existing Law to include "Cold War Veterans". The County has adopted the law not to exceed $8,000.00. The Town Assessor, Kassandra Cade will work with Steve Childs of the County Planning Board regarding this Law.
Supervisor Garretson received a letter from the State stating Kassandra Cade meets all the qualifications to be the Town’s Assessor.
Supervisor Garretson read correspondence, a Thank You Letter from Dorothy Johnson, Village Clerk, thanking Kelly Wright, Village Superintendent, for his help on a recent project.
Jim Johnson reported on the Land Use Committee: Terry Bliss answered questions the committee had regarding good subdivision plans versus bad subdivision plans. Next meeting will be October 18, 2007.
Mark Cornwell and Matt Utter reported the Alternative/Renewable Energy Committee: The committee met on October 2. They discussed Gene Marners talk. The committee has decided to invite Keith Pitman CEO of Empire Wind to come and give a talk to the residents of Cherry Valley on Tuesday, November 13 at 7:00pm at the Community Center on Genesee Street, Cherry Valley. The next meeting will be cancelled because it falls on Election Day.
The 2008 Tentative Budget is presented. Discussion followed regarding the Cherry Valley Museum expenses. This would be for the upkeep of the building. Dog Control Officer’s salary was questioned. It was suggested to compare with other Towns Dog Control Officer’s salaries.
Councilperson Cornwell made a motion to accept the tentative budget for 2008 and Councilperson Johnson seconded the motion. Motion carried.
Question and Comments were received by the public present.
Motion to adjourn is made by Councilperson Cornwell and seconded by Councilperson Johnson.

There being no further business the meeting was adjourned at 8:43PM.
Respectfully submitted,

Mary Beth Flint
Town Clerk

TB Meeting September 13, 2007

TB Meeting September 13, 2007
The regular meeting of the Town of Cherry Valley Town Board was held on Thursday, September 13, 2007 with meeting called to order at 7:06PM by Supervisor Garretson.
Pledge to the Flag was said.
Roll call of Officers was taken:
Tom Garretson Supervisor P
Mark Cornwell Councilperson P
Jim Johnson Councilperson P
Ed VanDerWerker Highway Superintendent P
Mary Beth Flint Town Clerk P
Minutes of the August 2007 meeting were read and corrected. Supervisor Garretson approved the minutes as corrected.
Bills for the month of August are presented:
298 Thomas Garretson $96.12pd
299 AFLAC $166.80pd
300 Lisa Fassett-HC $4.80pd
301 RBS, Inc. $250.00pd
302 NYS Public Goods Pool $323.00pd
303 Logical Net $17.95pd
304 Jaird Johnson $57.23pd
305 Broadview Networks $277.62pd
306 Dan Kiesow $60.00pd
307 Lisa Fassett-HC $35.63pd
308 Transcription Associates $758.70 pd
309 The Copy Shop $163.19pd
310 Andrew Criscola $75.60pd
311 The Daily Star $9.45pd
312 Cordia Communications $95.58pd
313 Tiffany Thompson $150.00pd
314 Courtney VanBrink $75.00pd
315 Nick Traficante $75.00pd
316 Christian McGrath $150.00pd
317 Ryan Schukis $75.00pd
318 Mallory Garretson $75.00pd
319 Vets Disposal $56.51pd
320 Verizon Wireless $196.53pd
321 US Postal Service $232.60pd
322 Hummel’s Office Supply $1,566.70pd
323 Bassett Healthcare-HC $18,295.93pd
324 Excellus BC/BS $487.78pd
325 Verizon $115.32pd
326 Excellus $5,085.39pd
327 National Grid $1,181.76pd
328 Ikon Financial Services $196.91pd
329 Lisa Fassett-US Postal Service $13.80pd
330 Postmaster $108.00pd
331 Quill Corp. $150.80pd
332 Smile Makers-HC $81.32pd
333 Mary Beth Flint -Petty cash $50.00pd
334 US Postal Service $36.00pd
Highway Vouchers:
Item 1 (30-34)
Item 3 (117-132)
Item 4 (15-16)
Councilperson Johnson made a motion to accept the invoices and payments as read Councilperson Cornwell seconded the motion. The invoices and payments have been presented and accepted. All in favor 3 yes 0 no. Motion carried.
Town share of monthly sales tax collected for the month of June 2007 is $5,568.85.
Information presented to the Town Clerk by Supervisor Garretson is as follows:
Correspondence received from the Town Attorney, Lynn Green, regarding Liquor License for the Triangle Tavern.
Supervisor Garretson received a telephone call from Elizabeth Trever Buchinger regarding grant writing.
Updates:
Alden Field: Supervisor Garretson contacted Sherry France, reminding her to find someone to line the soccer fields for next season.
Health Center: Supervisor Garretson reported the expected income for the month of August at the Health center is $27,262.00 and the current income is $20,708.00. .
Town Facilities report: Courtesy notification from the Town of Sharon Springs regarding a Verizon Tower being installed on Route 10.
Land Use Committee report given by Walter Buist. Lou Guido was replaced with Carol Minich and Julie Barrone has also joined the committee. Introductory meeting was held on August 16, 2007. Reviewed the Land Use in the Comprehensive Plan as well as the past survey conducted. They also referred to the
Book, American Farmland Trust. The next meeting will be September 24, 2007 with Terry Bliss attending from the Otsego County Planning Board.
Alternative Renewable Energy Committee: Councilman Cornwell states the Committee met on September 4. There was a unanimous vote to invite Empire Wind and Tom Golisano to speak to the Alternative Renewable Energy Committee.
The talk at the Community Center was well attended and went well.
County Rep Phil Durkin reports the tax refund checks are going out on September 28, 2007. The NYS Courts will be taking over the Annex Building in Cooperstown. The Oneonta Courts will be closing and moving to Cooperstown. Verizon would like to put up 6 cell towers. The County Board opted to table hiring a Budget Advisor. Mr. Durkin’s next constituents night will be September 27 5-7pm.
Planning Board: Walter Buist stated there was not a quorum at the August meeting. Elexico finished drilling at the Schekels property and there were no incidences.
Highway Department: Ed and Tom reviewed the Snow and Ice contract and they do not feel the reimbursement from the State will be enough to cover expected expenses.
Primary Day is Tuesday, September 18, 2007 from noon to 9:00pm.
Dan Gallagher contacted supervisor Garretson by e-mail to offer the front lawn of the Tryon to be used for a Farmer’s market.
Supervisor Garretson asked for a motion to accept Resolution 2007-5, Proposed action to increase the Town Board from 3 to 5 members; Councilperson Cornwell made such motion and Councilperson Johnson second the motion. A discussion took place before the Roll Call vote was taken. Question: Did Lynn Green, Town Attorney, word the Resolution? Answer: Supervisor Garretson worded the Resolution. Supervisor Garretson stated the Resolution is subject to permissive referendum. A petition can be presented with the next 30 days opposing the resolution.
Roll call vote was taken: Supervisor Garretson-yes, Councilperson Johnson-yes, and Councilperson Cornwell-yes. 3 yes votes and 0 no votes. Resolution 2007-5 is duly carried.
Supervisor Garretson asked for a motion to accept Resolution 2007-6, September 13, 2007 proposed action support of Home Rule in regards to proposed amendments to Article X; Councilperson Johnson made such motion, Councilperson Cornwell second the motion. Roll call vote was taken: Supervisor Garretson-yes,
Councilperson Johnson-yes, and Councilperson Cornwell-yes. 3 yes votes and 0 no votes. Resolution 2007-6 is duly carried.
Supervisor Garretson received one letter of interest for the position of Town Assessor. Councilperson Cornwell made a motion to accept Kassandra Cade as the new Town Assessor, Councilperson Johnson second the motion. All present were in favor with no objections. Motion carried. Kassandra Cade will begin her 6-year term on October 1, 2007. Term will expire on September 30, 2013.
Questions and Comments were entertained by the public present.
Andy Minnig asked Supervisor Garretson to go over the mechanics of the permissive referendum definition for Resolution 2007-5 increasing the Town Board members from 3 to 5?
Donna Latella co-owner of The Teepee asked if the grant received for the proposed visitor center is site specific or can the grant be used at any location? Ms. Latella presented a petition from Cherry Valley residents as well as visitors to her business to not block the panoramic view.
Margaret Lunzman did give an update regarding the visitor center; June Barwick is working on a RFB for a consultant. The style of the building has not been decided as of yet. A hop style barn as been suggested. An Architect would need to check out the land. There will need to be handicapped access to the whole building.
Councilperson Johnson made a motion to adjourn Councilperson Cornwell seconded the motion.
There being no further business the meeting was adjourned at 8:26pm.
Respectfully submitted,

Mary Beth Flint
Town Clerk

TB Meeting August 9, 2007

TB Meeting August 9, 2007
The regular meeting of the Town of Cherry Valley Town Board was held on Thursday, August 9, 2007 with meeting called to order at 7:05PM by Supervisor Garretson.
Pledge to the Flag was said.
Roll call of Officers was taken:
Tom Garretson Supervisor P
Mark Cornwell Councilperson P
Jim Johnson Councilperson P
Ed VanDerWerker Highway Superintendent Excused
Mary Beth Flint Town Clerk P
Minutes of the July 2007 meeting were read and corrected. Supervisor Garretson approved the minutes as corrected.
Bills for the month of July are presented:
248 Thomas Garreston $14.60pd
249 Patrick Shelley III $7,000.00pd
250 Lyman & James Johnson $200.00pd
251 Cherry Valley Facilities Corp. $200.00pd
252 Broadview Networks $180.97pd
253 Andrew Criscola $34.35pd
254 AFLAC $166.80pd
255 Dan Kiesow $324.00pd
256 Tiffany Thompson $150.00pd
257 Mallory Garretson $150.00pd
258 Courtney VanBrink $30.00pd
259 Ryan Shukis $45.00pd
260 Nick Traficante $150.00pd
261 Christian McGrath $60.00pd
262 NYS Commissioner of Tax/Fin $443.00pd
263 Verizon $336.98pd
264 Jaird Johnson $56.80pd
265 Vets Disposal $56.38pd
266 Cordia Communications $95.66pd
267 National Grid $1,142.80pd
268 NYS Town Clerks Assoc. $50.00pd
269 Alberta Deselets $150.00pd
270 Iron String Press Freemans Journal $30.00pd
271 United States Treasury $57.90pd
272 Thomas Garretson $8.20pd
273 Douglas Gustafson $37.25pd
274 Hummels Office Plus $66.38pd
275 Excellus BC/BS-Syracuse $487.78pd
276 Excellus BC/BS-Utica $3,768.44pd
277 Christian McGrath $150.00pd
278 Ryan Shukis $75.00pd
279 Tiffany Thompson $75.00pd
280 Mallory Garretson $45.00pd
281 Courtney VanBrink $120.00pd
282 Nick Traficante $150.00pd
283 William T. Ryan Assoc.-HC $285.00pd
284 NYS Public Goods Pool-HC $340.00pd
285 Logical Net-HC $17.95pd
286 Cherry Valley Hardware-HC $1.60pd
287 Medical Arts Press-HC $64.23pd
288 Transcription Associates-HC $636.45pd
289 Rurys Food Store-HC $127.81pd
290 RBS, Inc.-HC $250.00pd
291 United States Post Office-HC $924.00pd
292 Ikon Financial Services-HC $196.91pd
293 Ikon Office Solutions-HC $62.00pd
294 Bassett Healthcare-HC $21,099pd
295 Lisa Fassett-HC $9.20pd
296 Ikon Office Solutions-HC $31.00pd297 Medical Arts Press-HC $37.48pd
298 Quill-HC $258.22pd
Highway Vouchers:
Item 1 (27-28)
Item 3 (105-115)
Item 4 (13-15)
Councilperson Johnson made a motion to accept the invoices and payments as read Councilperson Cornwell seconded the motion. The invoices and payments have been presented and accepted. All in favor 3 yes 0 no. Motion carried.
Town share of monthly sales tax collected for the month of May 2007 is $6,647.54.
Information presented to the Town Clerk by Supervisor Garretson is as follows:
Dog Control Officers report
Legal notice regarding: Completion of Final Assessment Roll by the Town Assessor, Andy Criscola.
Updates:
Community Center update given by Mary Beth Flint: The Community Center received 5 new tables.
Alden Field: Supervisor Garretson reports he notified Sherry France, fall and Spring Soccer organizer, he will no longer be lining the soccer fields.
Health Center: Supervisor Garretson reported the expected income for the month of July at the Health center is $28,831.00 and the current income is $30,971.00. Medicare fee increased from $61.00 to $63.00.
Town Facilities report: Supervisor Garretson reports the new computer for the Supervisor is in and will be installed on Monday August 13, 2007. Road Runner has been installed at the Town Clerk’s office. Town Clerk informed the Town Board about current software that can be purchased in the future to process reports and forms currently hand written by the Town Clerk.
Supervisor Garretson asked that the January 11, 2007 meeting minutes be amended to read: The Town Board conducted the required examination and audit of the court records and dockets of the Town Justices, January 11, 2007.
Town Clerk was served with a petition from Verizon regarding recent assessment. The petition will go to our Legal Council, Lynn Green.
Letter from Association of Towns suggesting Towns submit Resolution to Governor and Senator concerning Article 10. Supervisor Garretson will respond with local government is adequate. Councilperson Cornwell made a motion to compose a resolution concerning Article 10 Councilperson Johnson seconded the motion. Motion carried. Councilperson Cornwell will contact Lynn Green, Town Attorney, on the correct wording of the Resolution. Supervisor Garretson has access to other Town’s Resolutions concerning Article 10 as a sample.
Land Use Committee is waiting for Walter Buist to return from vacation. Supervisor Garretson received and e-mail from Lou Guido stating he will not be able to serve on the Land Use Committee at this time.
Alternative Renewable Energy Committee: Councilman Cornwell presented the agenda and meeting minutes of the first meeting the AREC had. Rabbit Goody and Stacey Michael have been added to the committee. On September 12 there will be a presentation at the Community Center by Gene Marner a citizen from Franklin. Supervisor Garretson suggested not opening the meeting up to public comment at this early stage of the Committee getting organized. Supervisor Garretson also mentioned Empire Wind has contacted him.
County Rep Phil Durkin reports the County passed the sex offender law. The refund checks are in the mail. Mr. Markey is back at the Otsego Manor as the manager.
Councilman Johnson made a motion to approve Resolution #4-2007, required annual examination and audit of town justice court records and dockets, Councilperson Cornwell second the motion. A roll call vote was taken Supervisor Garretson-yes, Councilperson Johnson-yes, and Councilperson Cornwell-yes. Yes votes-3 and 0 no votes. Resolution #4-2007 is approved and carried.
Current Assessor’s term will expire on 9/30/07. The Town Board will either reappoint or appoint a new assessor.
Supervisor Garretson received information from Todd Balantine, , regarding increasing the Town Board from 2-5 members. A resolution is needed and is subject to permissive referendum. A special election could be held in the spring of 2008 for Town Law-a, increasing the Town Board from 2-5, two get the two new members in office and active.
Supervisor Garretson contacted Linda Jarvis regarding voting machines remaining at the Town Barn this election season.
Questions and Comments were entertained by the public present.
Lynn Marsh wondered if the referendum is needed because of the classification of the Town? 2nd class versus 1st class.
Donna Latella co-owner of The Teepee asked if the proposed visitor center could be moved West on the current land being considered, which is directly across from the Teepee’s location. Could the building be a low profile building versus the hop barn style that is being consisered?
Councilperson Cornwell made a motion to adjourn Councilperson Johnson seconded the motion.
There being no further business the meeting was adjourned at 8:17pm.
Respectfully submitted,

Mary Beth Flint
Town Clerk

TB Meeting May 10, 2007

TB Meeting May 10, 2007
The regular meeting of the Town of Cherry Valley Town Board was held on Thursday, May 10, 2007 with meeting called to order at 7:10PM by Supervisor Garretson.
Pledge to the Flag was said.
Roll call of Officers was taken:
Tom Garretson Supervisor P
Mark Cornwell Councilperson P
Jim Johnson Councilperson P
Ed VanDerWerker Highway Superintendent P
Mary Beth Flint Town Clerk P
Minutes of the April 2007 meeting were read and corrections were made. Supervisor Garretson approved the minutes as read.
Bills for the month of April were presented:
138 NYS Employee Taxes $639.73 pd
139 NBT Bank $9,448.69 pd
140 AFLAC $166.80 pd
141 Dan Kiesow $60.00 pd
142 Suburban Propane $1,007.21 pd
143 Broadview Networks $368.11 pd
144 Excellus $487.78 pd
145 Excellus $5,273.53 pd
146 NBT Bank $33,504.00 pd
147 US Postal Service $234.05 pd
148 William T. Ryan Associates $2,325.30 pd
149 Cordia Communications $93.91 pd
150 Otsego County $13.70 pd
151 JGB Factoring GMBHLC RS Merc. $5.60 pd
152 Broadview Networks $381.49 pd
153 Smile Makers $66.87 pd
154 Lisa Fassett $8.30 pd
155 Otsego Telephone System Inc. $75.00 pd
156 Postage and mileage $42.30 pd
157 MVLAR Conference $100.00 pd
158 United States Treasury $49.82 pd
159 Bruce Hall Home Center $117.14 pd
160 National Grid $1,657.48 pd
161 Verizon $69.80 pd
162 RH Crown Co. $143.09 pd
163 Tri-County Communications $143.09 pd
164 Jaird Johsnon $32.98 pd
165 Otsego County Treasurer $50.00 pd
166 Vets Disposal $55.54 pd
167 Dorothy Johnson $32.16 pd
168 Suburban Propane $644.27 pd
169 US Postal Service $222.05 pd
170 Gates Cole Associates $1,002.00 pd
171 NYS Public Goods Pool-HC $393.00 pd
172 Medical Arts Press-HC $43.11 pd
173 Quill Corp.-HC $27.85 pd
174 Highmark Medical Services-HC $487.00 pd
175 Medical Arts Press-HC $175.51 pd
176 Transcription Associates-HC $818.40 pd
177 Bassett Healthcare-Hc $17,623.00 pd
178 Logical Net-HC $17.95 pd
179 Cherry Valley Hardware-HC $122.39 pd
180 Suburban Propane-HC $511.10 pd
181 Otsego Telephone System Inc.-HC $240.00 pd
182 Ikon Financial Services-HC $196.91 pd
183 RBS, Inc.-HC $250.00 pd
184 Quill Corp.-HC $84.49 pd
Highway Vouchers:
Item 1 9-13
Item 3 57-74
Item 4 11
Councilperson Johnson made a motion to accept the invoices and payments as read Councilperson Cornwell seconded the motion. The invoices and payments have been presented and accepted. All in favor 3 yes 0 no. Motion carried.
Town share of monthly sales tax collected for the month of February $5,564.24.
Updates:
Community Center update given by Mary Beth Flint. Spring sports have ended and will start again in the fall. Scouts are currently still using the facility.
Alden Field report give by Supervisor Garretson. Concession stand is open for the soccer and Little League season.
Health Center report given by Supervisor Garretson. The fee schedule has been modestly increased. AED equipment is being purchased by Bassett to install at the Health Center. $3,200 was raised for the Heart/Run walk.
Building report by Supervisor Garretson. Heat alarms need to be updated. ABS will be contacted.
Cherry Valley Facilities Corp. report given by Marion Holmes. The Facilities Corp. is operating with an approximate $22,371.87 deficit. Fund raising efforts are currently being worked on.
Village report given by Supervisor Garretson. Correspondence from Time Warner was read.
Shared services: Verizon is going to run 6 new telephone lines for the new Clerks’ office.
Land Purchase for Visitor Center is progressing.
Planning Board report given by Walter Buist. Subdivisions approved for Rob Lee. Walter spoke with DEC regarding a citation given to Planning Board by Elexico is valid. Elexicao needs to abide by local road weight limitations.
County Representative Phil Durkin reported the Tax refund is a 4-part step with two of the steps being complete. Its all Good Health Food Store in Cherry Valley has been approved for an IDA industrial Loan. Emergency Communications infrastructure needs to be updated. May 26 from 9-11am at the Cherry Valley Town Barn will be constituent’s day.
Supervisor Garretson reported more copies of the Comprehensive Plan were made available to the general public of the Town.
Special Town Board Meeting Minutes for April 30, 2007 were read and approved.
Karen Sullivan of the County Planning Board handed out information entitled What the Comprehensive Plan is and isn’t!
A work session for the Comprehensive plan will be Tuesday, May 29, 2007 at 6:00pm at the Town Barn, Cherry Valley.
There will be a seminar at the Otesega, Cooperstown, NY on June 1, 2007 the topic will be Local Land Use Law.
Highway Superintendent Ed VanDerwerker reported the culverts are in which were purchased through the State contract. The Town saved approximately $1,000.00.
Supervisor Garretson stated the parking lot to the shared Clerk’s office will be paved and the offices will be handicapped accessible in the near future. The Basketball court at Alden field will need to be paved as well.
Supervisor Garretson received correspondence from a concerned citizen regarding the accumulating litter on County Route 54 and State Route 166. Kevin Flint, Deputy
Superintendent of County the County Highway Department was present at the Town Board meeting and stated the County has an Adopt a Highway program for all County Roads. Any organization interested in adopting a County Highway needs to contact his office and the County Highway department will supply everything they need to do the clean up of the road. State highway 166 would have to be done through the State highway department.
Supervisor Garretson stated he met with two local politicians, Kirsten Gillibrand and Marc Butler, to discuss what they might be able to do for Cherry Valley in the future in respect to a septic system, health insurance, finishing the basketball court at Alden field, little league dugouts and alternative renewable energy.
Correspondence:
Letter received from the NYSDOT Master Federal-Aid and Local-Aid Project Agreement to perform the Design, Right-of-way, Construction and Construction Supervision and Inspection work for the Cherry Valley Tourist Center, Route 20 Scenic Byway. S-Garretson stated the Town would not incur any expenses. Funding is in place for reimbursement to the Town in 4-6 weeks of each stage of the project. Grant monies are in place for operational costs. The Tourist center is designed to be open 12 months out of the year.
Letter received from ECC Technology Co. specializing in renewable energy.
RESOLUTION for Cherry Valley Tourism Center
RESOLUTION NO. 2007-1
WHEREAS, a Project for the Cherry Valley Tourism Center P.I.N. 9009.17 (the Project) is eligible for funding under Title 23 U.S. code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 49.84% Federal funds and 20.16% non-federal funds; and
WHEREAS, the Town of Cherry Valley desires to advance the project by making a commitment of 100% of the Federal and non-Federal share of the costs of the Construction, Construction Supervision and Inspection work.
NOW, THEREFORE, the Town of Cherry Valley Board, duly convened does hereby
RESOVED that the Town of Cherry Valley hereby approves the above-subject project; and it is hereby further
RESOLVED that the Town of Cherry Valley Board hereby authorizes the Supervisor of Cherry Valley to pay in the first instance 100% of the Federal and non-Federal share of the cost of Construction and Construction Supervision and Inspection work for the Project or portions thereof; and it is further
RESOLVED, that the Supervisor of the Town of Cherry Valley is hereby
authorized to execute all necessary Agreements, Certifications or reimbursement request for Federal Aid and /or Marchiselli Aid on behalf of the Town of Cherry Valley with the New York Stat Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid eligible. Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further
RESOVED, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project and it is further
RESOLVED, that this Resolution shall take effect immediately.
Councilperson Cornwell made a motion to adopt Resolution No. 2007-1 entitled Cherry Valley Tourism Center. Councilperson Johnson seconded the motion. A vote of yes and no was taken: Supervisor Garretson-Yes, Councilperson Johnson-Yes, and Councilperson Cornwell-Yes. 3Yeses 0 No’s. The resolution is adopted.
Question and Comments were received by the public present.
Motion to adjourn is made by Councilperson Cornwell and seconded by Councilperson Johnson.
There being no further business the meeting was adjourned at 8:31PM
Respectfully submitted,

Mary Beth Flint
Town Clerk

TB Meeting July 12, 2007

TB Meeting July 12, 2007
The regular meeting of the Town of Cherry Valley Town Board was held on Thursday, July 12, 2007 with meeting called to order at 7:03PM by Supervisor Garretson.
Pledge to the Flag was said.
Roll call of Officers was taken:
Tom Garretson Supervisor P
Mark Cornwell Councilperson P
Jim Johnson Councilperson P
Ed VanDerWerker Highway Superintendent P
Mary Beth Flint Town Clerk P
Minutes of the June 2007 meeting were read and corrected. Supervisor Garretson approved the minutes as corrected.
Bills for the month of July are presented:
215 Dorothy Johnson $73.69
216 Postmaster $96.00pd
217 Fredy Herr $102.55pd
218 Tri-County Communications, Inc. $179.10pd
219 JB Supply $117.21pd
220 Excellus $5,273.53pd
221 Excellus $487.78pd
222 National Grid $1,060.75pd
223 Verizon $497.00pd
224 CASEBP $103.70pd
225 Dan Kiesow $60.00pd
226 The Daily Star $20.70pd
227 Thomas Garretson $27.99pd
228 Cordia Communications $93.88pd
229 Vet’s Disposal $56.38pd
230 NYS Association of Towns $110.00pd
231 AFLAC $166.80pd
232 Bond Schoeneck and King, PLLC $40.00pd
233 United States Treasury $214.28pd
234 Cherry Valley Hardware $48.27pd
235 Broadview Networks $114.63pd
236 Green and Green Attorneys at Law $517.00pd
237 Norm Crowley $95.01pd
238 Coca Cola Enterprises $157.30pd
239 Bassett Healthcare-HC $23,469.37pd
240 Ikon Financial Services-HC $196.91pd
241 Logical Net-HC $17.95pd
242 Transcription Associates-HC $1,037.95pd
243 Medical Arts Press-HC $213.12pd
244 Quill Corp.-HC $100.81pd
245 RBS, Inc-HC $179.00pd
246 Lisa Fassett-HC $30.22pd
247 Postmaster-HC $134.00pd
Highway Vouchers:
Item 1 (21-26)
Item 3 (91-104)
Item 4 (11-12)
Councilperson Johnson made a motion to accept the invoices and payments as read Councilperson Cornwell seconded the motion. The invoices and payments have been presented and accepted. All in favor 3 yes 0 no. Motion carried.
Town share of monthly sales tax collected for the month of April 2007 is $4,957.40.
Updates:
Community Center update given by Mary Beth Flint: The Community Center is in need of bumpers for the bottoms of the chairs to protect the gym floor and approximately 5 more tables should be ordered to accommodate large functions.
Alden Field: Supervisor Garretson reports spring soccer league is over.
Health Center: Supervisor Garretson reported the expected income for the month of June at the Health center is $29,905.00 and the current income is $31,066.00.
Town Facilities report given by Supervisor Garretson. A new computer has been ordered for the Town Supervisor with updated software through RBS.
Cherry Valley Facilities Corp report given by Supervisor Garretson: The daycare director has resigned effective July 13, 2007.
Village shared services: Supervisor Garretson reported the Flag donated by the American Legion at the last Town Board meeting is displayed in the Village/Town Clerks Office. Supervisor sent the Legion a letter of thanks and appreciation. Supervisor Garretson will be checking on a Fire Proof file cabinet for the Town Clerk’s Office.
Visitor Center: Supervisor Garretson reports the paperwork is with the State.
Planning Board report given by Walter Buist: Planning Board received permit from the DEC for Elexico for drilling on Schekles property.
Land Purchase is ½ complete. Supervisor Garretson will contact Ryan Associates regarding the fencing to be installed.
County Representative Phil Durkin reported refund checks would be in the mail. Upcoming topics will be Social Services Sex Offender Law. There will be a Public Hearing Wednesday, July 19, 2007
Highway Department Superintendent VanDerWerker will contact Keith McCarty to get an estimate for paving the handicapped entrance into the new-shared offices. Superintendent VanDerWerker will also inquire about the Basketball Court at Alden Field.
Dog Control Officers report for the months of April and May are on file with the Clerk’s office.
New Business: Resolution stating the Justice’s Books has been audited.
Selection of Citizen Committees for recommendation and advice on the following topics:
· Land Use
· Alternative Energy
The following names have been appointed to the Land Use Committee: Jim Johnson-Chairman, Walt Buist, Richard Page, Lou Guido and Tom McCarthy. Motion made by Councilperson Jim Johnson to accept the names as read for the Land Use Committee. Councilperson Cornwell second the motion. Motion carried.
The following names have been appointed to the Alternative/Renewable Energy Committee: Mark Cornwell-Chairman, Ed Harvey, Kim Thompson, Paul Mendolsen and Matt Utter. Motion made by Councilperson Cornwell to accept the names as read for the Alternative/Renewable Energy Committee. Councilperson Johnson seconded the motion. Motion carried.
Footnote: Ed VanDerWerker will serve as an unofficial member of the Land Use Committee.
Rolls of both Committee’s are exploratory and advisory. Both of these Committee’s must adhere to the Open Meetings Law.
Correspondence received and read by Supervisor Garretson:
A petition was served to the Town Clerk to be distributed to the Board of Review (BAR), Town of Cherry Valley and the Town Assessor from American Tower Corp. The petition is in regards to the assessment on their property. Supervisor Garretson presented the petition to Lynn Green the Town Attorney.
Time Warner is extending their temporary operating authorization until December 2007.
Memorandum received from Terry Bliss, Planning Director for the County in regards to the Town’s recyclable bins being used for items other than recyclables.
Memorandum received from Joy Bailey, Administrative Assistant at the County, in regards to Household Hazardous Waste Collection Event. This will take place on September 7 and 8 at the NYS DOT Work Yard in the City of Oneonta on NYS Route 7. Saturday, September 8 from 8am-2pm will be County Households and on Friday, September 7 from12-2pm will be Small businesses. Poster will be displayed in the Town Clerk’s bulletin Board. Copies will also be given to the Village Clerk to have available.
Supervisor Garretson will be placing letters around town at local Businesses explaining the Town Board meetings and how to contact him with questions or concerns.
Questions and Comments were entertained by the public present.
Councilperson Cornwell made a motion to adjourn Councilperson Johnson seconded the motion.
There being no further business the meeting was adjourned at 7:45pm.
Respectfully submitted,

Mary Beth Flint
Town Clerk

Wind Energy Facility Law

Local Law No.___ of 2006 – Revised 11-09-06

Be it hereby enacted by the Town Board of the Town of Cherry Valley as follows:

SECTION 1: Local Law No.___ of 2006, entitled "WIND ENERGY FACILITIES," is hereby adopted to read in its entirety as follows:

WIND ENERGY FACILITIES

Article I

§1 Title

This Local Law may be cited as the "Wind Energy Facility Law of the Town of Cherry Valley, New York."

§2 Purpose.

The Town Board of the Town of Cherry Valley adopts this Local Law to promote the effective and efficient use of the Town's wind energy resource through Wind Energy Conversion Systems (WECS), and to regulate the placement of such systems so that the public health, safety, and welfare will not be jeopardized.

§3 Authority

The Town Board of the Town of Cherry Valley enacts this Local Law under the authority granted by

1. Article IX of the New York State Constitution, §2(c)(6) and (10).

2. New York Statute of Local Governments, § 10 (1) and (7).

3. New York Municipal Home Rule Law, § 10 (1)(i) and (ii) and §I0 (1)(a)(6), (11), (12), and (14).

4. New York Town Law §130(1)(Building Code), (3)(Electrical Code), (5)(Fire Prevention), (7)(Use of streets and highways), (7-a)(Location of Driveways), (11)(Peace, good order and safety), (15)(Promotion of public welfare), (15-a)(Excavated Lands), (l6)(Unsafe buildings), (l9)(Trespass), and (25)(Building lines).

5. New York Town Law §64(17-a)(protection of aesthetic interests), (23)(General powers).

6. The State Environmental Quality Review Act (“SEQRA”).

§4. Findings.

A. The Town Board of the Town of Cherry Valley finds and declares that

1. Wind energy is an abundant, renewable and nonpolluting energy resource of the Town and its conversion to electricity may help reduce dependence on nonrenewable energy sources and decrease the air and water pollution that results from the use of conventional energy sources.

2. The generation of electricity from properly sited wind turbines, including small systems, can be cost effective, and in many cases existing power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other users, or energy consumption at that location can be reduced.

3. Regulation of the siting and installation of wind turbines is necessary for the purpose of protecting the health, safety, and welfare of neighboring property owners and the general public.

4. Wind Energy Facilities have the potential to cause significant aesthetic impacts if not properly sited, because of their large size, lighting, and shadow flicker effects.

5. If not properly regulated, installation of Wind Energy Facilities have the potential to create drainage problems through erosion, lack of sediment control for facility, access road sites and harm farmlands through improper construction methods.

6. Wind Energy Facilities may present a risk to bird and bat populations if not properly sited.

7. If not properly sited, Wind Energy Facilities have the potential to adversely impact neighboring properties, including the property values of such properties.

8. Wind Energy Facilities are potentially significant sources of noise, and if such facilities are unregulated or improperly sited, or if such impacts are inadequately mitigated, they can negatively impact adjoining properties.

9. Without proper planning, construction of Wind Energy Facilities can create traffic problems and damage local roads.

10. If improperly sited, Wind Energy Facilities can interfere with various types of communications.

§5. Review of Wind Energy Facilities

A. The Town of Cherry Valley Planning Board is hereby authorized to review applications and recommend to the Town Board either approval, approved with conditions, or disapproval of applications for Wind Energy Facilities.

B. In the event financial offsets are offered, the Town Board of the Town of Cherry Valley shall act as the review board of said offsets.

§6. Permits Required; Transfer; Modifications

A. No Wind Energy Facility shall be constructed, reconstructed, modified, or operated in the Town of Cherry Valley except in compliance with this Local Law.

B. No WECS shall be constructed, reconstructed, modified, or operated in the Town of Cherry Valley except with a Wind Energy Facility Permit approved pursuant to this Local Law.

C. No Wind Measurement Tower shall be constructed, reconstructed, modified, or operated in the Town of Cherry Valley except pursuant to a Wind Energy Facility Permit issued pursuant to this Local Law.

D. No Small Wind Energy Conversion System shall be constructed, reconstructed, modified, or operated in the Town of Cherry Valley except pursuant to a Wind Energy Permit issued pursuant to this Local Law.

E. This Local Law shall apply to all areas of the Town of Cherry Valley.

F. Exemptions. No permit or other approval shall be required under this Local Law for mechanical, non electrical WECS utilized solely for agricultural operations.

G. Transfer. No transfer of any Wind Energy Facility or Wind Energy Permit, nor sale of the entity owning such facility including the sale of more than 30% of the stock of such entity (not counting sales of shares on a public exchange), may occur without prior approval of the Town of Cherry Valley, which approval shall not be unreasonably withheld upon written acceptance of the transferee of all obligations of the transferor under such permit and this Local Law. No transfer shall eliminate or modify the liability of any permitee or applicant, nor of any other party under this Local Law.

H. Notwithstanding the requirements of this Section, replacement in kind or modification of a Wind Energy Facility may occur without Town Planning Board and Town Board approval when (1) there will be no increase in Total Height; (2) no change in the location of the WECS; (3) no additional lighting or change in facility color; and (4) no increase in noise produced by the WECS.

§7 Definitions.

As used in this Local Law, the following terms shall have the meanings indicated:

AMBIENT SOUND LEVEL – also referred to as Ambient Noise Level and Ambient Sound Pressure Level, means the background (exclusive of the development proposed) Sound Level (L(90)) found to be exceeded 90 percent of the time over which sound is measured in a noise analysis. Unless indicated otherwise, frequency weighting according to the A-weighting scale is understood to be applicable.

EAF - Environmental Assessment Form used in the implementation of the SEQRA as that term is defined in Part 617 of Title 6 of the New York Codes, Rules and Regulations.

RESIDENCE - means any dwelling suitable for human habitation existing in the Town of Cherry Valley on the date an application is received. For purposes of this definition suitable for habitation shall mean that its primary purpose is for private occupancy and it has both electrical service and a connection to an on-site or off-site potable water supply and wastewater treatment/disposal system on a full-time basis. A residence may be part of a multi-dwelling or multipurpose building, but shall not include buildings such as hunting camps, hotels, hospitals, motels, dormitories, sanitariums, nursing homes, schools or other buildings used for educational purposes, or correctional institutions.

SEQRA - the New York State Environmental Quality Review Act, as codified in Article 8 of the New York State Environmental Conservation Law and its implementing regulations in Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York, Part 617 et seq. (6 NYCRR §617).

SOUND LEVEL – also referred to as Noise Level, means the statistical sound pressure level expressed as the sound pressure level that is exceeded for a given proportion of the time over which sound is measured. L(10) shall mean the standard abbreviation for the sound pressure level that is exceeded for 10 percent of the time over which the sound is measured. L(90) shall mean the standard abbreviation for the sound pressure level that is exceeded for 90 percent of the time over which the sound is measured. Unless indicated otherwise, frequency weighting according to the A-weighting scale is understood to be applicable.

SOUND PRESSURE LEVEL – means the quantity in decibels measured by a sound level meter satisfying the requirements of the American National Standards Specification of Sound Level Meters, S1.4-1971 according to a frequency-weighted decibel scale. Decibels shall mean 20 times the logarithm to the base ten of the ratio of the root mean squared pressure of a sound to a reference pressure of 20 micropascals. dB shall mean the standard abbreviation for decibels. Frequency-weighting of the sound pressure level is obtained with the standardized dynamic characteristic “fast” or “slow” and weighting A, B or C; unless indicated otherwise, the A-weighting is understood to be applicable. dBA shall mean the standard abbreviation for the A-weighted sound pressure level in decibels.

SITE - The parcel(s) of land where a Wind Energy Facility is to be placed. The Site can be publicly or privately owned by an individual or a group of individuals controlling single or adjacent properties. Where multiple lots are in joint ownership, the combined lots shall he considered as one for purposes of applying setback requirements. Any property which has a Wind Energy Facility or has entered an agreement for said Facility or a setback agreement shall not be considered off-site.

SMALL WIND ENERGY CONVERSION SYSTEM ("Small WECS") - A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW and which is intended to primarily reduce consumption of utility power at that location.

TOTAL HEIGHT -- The height of the tower and the furthest vertical extension of the WECS.

WIND ENERGY CONVERSION SYSTEM ("WECS") - A machine that converts the kinetic energy in the wind into a usable form (commonly known as a "wind turbine" or "windmill").

WIND ENERGY FACILITY - Any Wind Energy Conversion System, Small Wind Energy Conversion System, or Wind Measurement Tower, including all related infrastructure, electrical lines and substations, access roads and accessory structures.

WIND MEASUREMENT TOWER - a tower used for the measurement of meteorological data such as temperature, wind speed and wind direction.

WIND ENERGY PERMIT - A permit granted pursuant to this Local Law granting the holder the right to construct, maintain and operate a Wind Energy Facility.

§8. Applicability

A. The requirements of this Local Law shall apply to all Wind Energy Facilities proposed, operated, modified, or constructed in the Town of Cherry Valley after the effective date of this Local Law, including any Wind Energy Facility, applied for but not yet approved prior to the date of this Local Law.

B. Wind Energy Facilities for which a required permit has been properly issued and upon which construction has commenced prior to the effective date of this Local Law, shall not be required to meet the requirements of this Local Law; provided, however, that

1. Any such preexisting Wind Energy Facility which does not provide energy for a continuous period of twelve (12) months shall meet the requirements of this Local Law prior to recommencing production of energy.

2. No modification or alteration to an existing Wind Energy Facility shall be allowed without full compliance with this Local Law.

3. Any Wind Measurement Tower existing on the effective date of this Local Law shall be removed no later than twenty-four (24) months after said effective date, unless a Wind Energy Permit for said Wind Energy Facility is obtained.

§§9 Reserved for Future Use

Article II

Wind Energy Conversion Systems

§10 Applications for Wind Energy Permits for Wind Energy Conversion Systems

No application for a Wind Energy Permit shall be complete until the following materials are received by the Planning Board, in acceptable form, unless specifically waived by the Planning Board. Such information shall be in addition to and not instead of any information required by the Town of Cherry Valley, under any related Local Law or Ordinance, including but not limited to the Town of Cherry Valley Site Plan Law:

A. Name, address, telephone number of the applicant. If the applicant is represented by an agent, the application shall include the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the representation.

B. Name, address, telephone number of the property owner. If the property owner is not the

applicant, the application shall include a letter or other written permission signed by the property owner (i) confirming that the property owner is familiar with the proposed applications and (ii) authorizing the submission of the application.

C. Address, or other property identification, of each proposed tower location, including Tax

Map section, block and lot number.

D. A description of the project, including the number and maximum rated capacity of each WECS.

E. A plot plan prepared by a licensed surveyor or engineer drawn in sufficient detail to clearly describe the following.

1. Property lines and physical dimensions of the Site;

2. Location, approximate dimensions and types of major existing structures and uses on the Site, public roads, and adjoining properties within five hundred (500) feet of the boundaries of the proposed WECS Site.

3. Location and elevation of each proposed WECS.

4. Location of all above ground utility lines on the Site or within one radius of the Total Height of the WECS, transformers, power lines, interconnection point with transmission lines, and other ancillary facilities or structures.

5. Location and size of structures above 35 feet within a five-hundred-foot radius of the proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open lattice towers are not considered structures.

6. To demonstrate compliance with the setback requirements of this Article, circles drawn around each proposed tower location equal to:

(i) One and a halftimes the tower height.

(ii) Five hundred foot perimeter.

(iii) One thousand foot perimeter.

(iv) One thousand five hundred foot perimeter.

(v) Two thousand foot perimeter.

7. Location of the each residential structure, both on the Site and off the Site, that is located within two thousand five hundred feet from the nearest individual Wind Energy Facility, as well as the specific distance from the nearest individual Wind Energy Facility to each residential structure.

8. All proposed facilities, including access roads, electrical lines, substations, storage or maintenance units, and fencing.

F. Vertical drawing of the WECS showing Total Height, turbine dimensions, tower and turbine colors, ladders, distance between ground and lowest point of any blade, location of climbing pegs, and access doors. One drawing may be submitted for each WECS of the same type and Total Height.

G. Landscaping Plan depicting existing vegetation and describing any areas to be cleared and the specimens proposed to be added, identified by species and size of specimen at installation and their locations.

H. Lighting Plan showing any FAA-required lighting as well as all other proposed lighting. The application should include a copy of any determination by the Federal Aviation Administration to establish required markings and/or lights for each structure that is part of the facility, but if such determination is not available at the time of the application, no building permit for any lighted facility may be issued until such determination is submitted.

I. List of property owners, with their mailing address, within 500 feet of the boundaries of the proposed Site.

J. Decommissioning Plan: The applicant shall submit a decommissioning plan, which shall include the following information at a minimum: 1) the anticipated life of the WECS; 2) the estimated decommissioning costs in current dollars; 3) how said estimate was determined; 4) the method of ensuring that funds will be available for decommissioning and restoration; (5) the method, such as by annual re-estimate by a licensed engineer, that the decommissioning cost will be kept current; and 6) the manner in which the WECS will be decommissioned and the Site restored, which shall include at a minimum, the removal of all structures and debris to a depth of 3 feet, restoration of the soil, and restoration of vegetation (consistent and compatible with surrounding vegetation), less any fencing or residual minor improvements requested by the landowner.

K. Complaint Resolution: The application will include a complaint resolution process to address complaints from nearby residents. The process may use an independent mediator or arbitrator and shall include a time limit, of no more than 180 days, for acting on a complaint. The applicant shall make every reasonable effort to resolve any complaint.

L. An application shall include at a minimum, the following information relating to the construction/installation of the wind energy conversion facility:

1. A construction schedule describing commencement and completion dates; and

2. A description of the routes to be used by construction and delivery vehicles, the gross weights and heights of those loaded vehicles.

M. Completed Part 1 of the Full EAF.

N. Applications for Wind Energy Permits for Wind Measurement Towers subject to this Local Law may be jointly submitted with the WECS application.

O. For each proposed WECS, include make, model, picture and manufacturer's specifications, including noise decibels data. Include Manufacturers' Material Safety Data Sheet documentation for the type and quantity of all materials used in the operation of all equipment including, but not limited to, all lubricants and coolants.

P. If the applicant agrees in writing in the application that the proposed WECS may have a significant adverse impact on the environment and submits a Draft Environmental Impact Statement (“DEIS”), the Town Board shall issue a positive declaration of environmental significance.

Q. The following information must be submitted by the applicant, either with the application, or, in the event of a positive declaration under SEQRA, as part of any DEIS submitted by the applicant with respect to the application for a Wind Energy Facility:

1. Shadow Flicker: The applicant shall conduct a study on potential shadow flicker. The study shall identify locations where shadow flicker may be caused by the WECSs and the expected durations of the flicker at these locations. The study shall identify areas where shadow flicker may interfere with residences and/or commercial businesses and must describe measures that shall be taken to eliminate or mitigate the impacts of shadow flicker on such residences, including but not limited to operational measures to stop rotation at such times when modeling predicts that shadow flicker will impact neighboring residences.

2. Visual Impact: Applications shall include a visual impact study of the WECS as proposed, which should include, at a minimum, a computerized photographic simulation demonstrating any visual impacts from strategic vantage points, including visual impacts associated with both the facility itself, as well as any proposed above-ground collection or transmission components. Color photographs of the proposed Site from at least two locations accurately depicting the existing conditions shall be included. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence. In addition, such visual impact study must address, among others, the visual impact of any proposed facility upon New York State Route 20, and Otsego County Route 54, which have been approved for designation in the State of New York’s Scenic Byway Program. Such Visual Impact analysis should conform to DEC guidelines where relevant.

3. Fire Protection and Emergency Response: Applications shall include a fire protection and emergency response plan, created in consultation with the fire department(s) having jurisdiction over the proposed Site.

4. Noise Assessment: Applications shall include a Noise Impact Assessment conducted by a reputable acoustical consultant documenting the noise levels associated with the proposed WECS and its impact on humans. Such Noise Impact Assessment should be conducted in accordance with the criteria recommended by the New York State Department of Environmental Conservation’s Program Policy guidance document entitled: “Assessing and Mitigating Noise Impacts”, utilizing adjacent property lines as receptor locations. Such Noise Assessment must also describe measures that shall be taken to eliminate or mitigate the impacts of noise on nearby receptors.

5. Avian Analysis: Applications shall include an Avian Analysis assessing the reasonably anticipated impacts of the WECS upon bird and bat species. The scope of such analysis should be developed in consultation with the New York State Department of Environmental Conservation and the United States Fish and Wildlife Service, and must at a minimum consist of a literature survey for threatened and endangered species and provide relevant information on critical flyways, and shall describe the potential impacts of any proposed facilities on bird and bat species, and an avoidance or mitigation plan to avoid or mitigate such impacts to the extent practicable. The applicant should also identify plans for post-construction monitoring or studies to assess actual operational impacts of the WECS upon birds and bats.

6. Property Values: Applications shall include a property value analysis prepared by a licensed appraiser in accordance with industry standards, regarding the potential impact of values of properties neighboring WECS Sites. Such analysis should include actual data concerning the impacts of previously constructed facilities in the State of New York on property values. This analysis shall be presented to the Town Board for its consideration.

7. Electromagnetic Interference: Applications shall include an assessment of potential electromagnetic interference from the proposed facility with microwave, radio, television, personal communication systems and other wireless communication.

8. Transportation Plan: Applications shall include a transportation plan describing routes to be used in delivery of project components, equipment and building materials and those to be used to provide access to the site during construction. Such plan should also describe any anticipated improvements to existing roads, bridges or other infrastructure, as well as the measures which will be taken to restore damaged or disturbed access routes following construction.

9. Groundwater Impact Study: Applications shall include a study relating to the potential impacts to groundwater related specifically to excavation and/or blasting during the construction phase of the project.

10. Cultural Resource Study: Applications shall include a study describing the potential impacts of the project upon cultural resources as identified by the Planning Board and NYSOPRHP. Such study should be conducted in coordination with the New York State Office of Parks, Recreation and Historic Preservation (“NYSOPRHP”). Such study should include any follow-up study or assessment recommended in the initial study itself, or by NYSOPRHP.

R. The applicant shall, prior to the receipt of a building permit, provide proof that it has executed an Interconnection Agreement with the New York Independent System Operator and the applicable Transmission Owner.

S. A statement, signed under penalty of perjury, that the information contained in the application is true and accurate.

T. In addition to the materials required in accordance with this section, complete applications should include any additional study or assessment determined to be required by the lead agency during review of the project pursuant to SEQRA. No application shall be determined to be complete until the SEQRA review with respect to such application is concluded.

§ 11 Application Review Process

A. Applicants may request a pre-application meeting with the Town Planning Board or with any consultants retained by the Town Planning Board for application review. Meetings with the Town Planning Board shall be conducted in accordance with the Open Meetings Law.

B. Six copies of the application shall be submitted to the Town Clerk or designee. Payment of all application fees shall be made at the time of application submission. If any waivers are requested, waiver application fees shall be paid at the time of the receipt of the application. In addition, the applicant shall provide the Planning Board, free of charge, with a reasonable number of additional copies necessary to coordinate review with involved agencies and interested parties, pursuant to SEQRA.

C. Town staff or Town designated consultants shall, within 30 days of receipt, or such longer time if agreed to by the applicant, determine if all information required under this Article is included in the application, unless the Town Board waives any application requirement, no application shall be considered complete and ready for final action until deemed complete and until either a negative declaration is issued under SEQRA, or, a Final Environmental Impact Statement and SEQRA Findings are issued by the lead agency.

D. If the application is deemed incomplete, the Town Planning Board or its designated reviewer shall provide the applicant with a written statement listing the missing information. No refund of application fees shall be made, but no additional fees shall be required upon submittal of the additional information unless the number of WECSs proposed is increased.

E. Upon submission of a complete application, including the grant of any application waiver by the Planning Board, the Town Clerk shall transmit the application to the Town Planning Board.

F. The Planning Board shall hold at least one public hearing on the application. Notice shall be provided by first class mail to property owners within 500 feet of the boundaries of the proposed WECSs, and published in the Town's official newspaper, no less than ten nor more than twenty days before any hearing, but, where any hearing is adjourned by the Town Planning Board to hear additional comments, no further publication or mailing shall be required. The applicant shall prepare and mail the Notice of Public Hearing prepared by the Planning Board, and shall submit an affidavit of service. The assessment roll of the Town shall be used to determine mailing addresses. .

G. The public hearing may be combined with any other public hearing required, including public hearings held pursuant to SEQRA.

H. Referral shall also be made, when applicable, to the Otsego County Planning Board, pursuant to General Municipal Law §§239-1 and 239-m.

I. SEQRA review. Applications for WECS shall be deemed Type I projects under SEQRA. The

Town of Cherry Valley Planning Board shall be responsible for the review of the proposed project under SEQRA, shall where appropriate, act as lead agency under SEQRA and shall coordinate its review with all other involved agencies having discretionary approval over any aspect of the proposed project in accordance with the requirements of SEQRA.

J. The Planning Board shall require an escrow agreement for the engineering and legal review of the applications and any environmental impact statements before commencing its review.

K. At the completion of the SEQRA review process, if a positive declaration of environmental significance has been issued and an environmental impact statement prepared, the Town Planning Board shall issue a Statement of Findings, which Statement may also serve as the Town's decision on the applications.

L. Upon receipt of the recommendation of the County Planning Board (where applicable), the holding of the public hearing, and the completion of the SEQRA process, the Town Board may approve, approve with conditions, or deny the applications, in accordance with the standards in this Article and applicable law.

§12 Standards for WECS

The following standards shall apply to all WECS, unless specifically waived by the Planning Board.

A. All power transmission lines from the tower to any building or other structure shall be located underground to the maximum extent practicable.

B. No television, radio or other communication antennas may be affixed or otherwise made part of any WECS, except pursuant to the Town Code. Applications may be jointly submitted for WECS and telecommunications facilities.

C. In order to minimize any visual impacts associated with Wind Energy Facilities, no advertising signs are allowed on any part of the Wind Energy Facility, including fencing and support structures.

D. Lighting of tower. No tower shall be lit except to comply with FAA requirements. Minimum security lighting for ground level facilities shall be allowed as approved on the Wind Energy Facility development plan.

E. All applicants shall use measures to reduce the visual impact of WECSs to the extent possible. WECSs shall use tubular towers. All structures in a project shall be finished in a single, non-reflective matte finished color or a camouflage scheme. WECSs within a multiple WECS project shall be constructed using wind turbines whose appearance, with respect to one another, is similar within and throughout the Project, to provide reasonable uniformity in overall size, geometry, and rotational speeds. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.

F. The use of guy wires is disfavored. A WECS using guy wires for tower support shall incorporate appropriate measures to protect the guy wires from damage which could cause tower failure.

G. No WECS shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems can be reasonably expected to produce electromagnetic interference with signal transmission or reception. No WECS shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation. If it is determined that a WECS is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, or resolution of the issue with the impacted parties. Failure to remedy electromagnetic interference is grounds for revocation of the Wind Energy Permit for the specific WECS or WECSs causing the interference.

H. All solid waste and hazardous waste and construction debris shall be removed from the

Site and managed in a manner consistent with all appropriate rules and regulations.

I. WECSs shall be designed to minimize the impacts of land clearing and the loss of open space areas. Land protected by conservation easements shall be avoided when feasible. The use of previously developed areas will be given priority wherever possible.

J. WECSs shall be located in a manner that minimizes significant negative impacts on rare animal species in the vicinity, particularly bird and bat species.

K. Wind energy conversion facilities shall be located in a manner consistent with all applicable state and Federal wetlands laws and regulations.

L. Storm-water run-off and erosion control shall be managed in a manner consistent with all applicable state and Federal laws and regulations.

M. The maximum Total Height of any WECS shall be 410 feet.

N. Any substation used in conjunction with a WECS shall be sited in a manner that will have the least intrusive impact upon adjacent residences and shall be sheltered and/or screened with a physical barrier and/or vegetation in a matter to eliminate its views from such residences. The Planning Board shall assess such siting in accordance with the requirements of this Local Law and the Town’s Site Plan Law.

O. Construction of the WECS shall be limited to the hours of 7 a.m. to 7 p.m., Monday through Friday, unless the prior written approval of the Planning Board is received to allow deviation from such hours.

P. In processing any application for a WECS or in reviewing such project under SEQRA, the Planning Board shall consider any applicable policy or guideline issued by the New York State DEC (i.e., visual impacts, noise impacts).

Q. Turbine blades shall pass no closer than thirty (30) feet to the ground during operation of the facility.

§13 Required Safety Measures

A. Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the rotor blade so it does not exceed the design limits of the rotor.

B. Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. A sign shall be posted on the entry area of fence around each tower or group of towers and any building (or on the tower or building if there is no fence), containing emergency contact information. The Town Board may require additional signs based on safety needs.

C. No climbing pegs or tower ladders shall be located closer than twelve (12) feet to the ground level at the base of the structure for freestanding single pole or guyed towers.

D. The minimum distance between the ground and any part of the rotor or blade system shall be in compliance with all state standards but in no case, less than thirty (30) feet.

E. WECSs shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked at all times.

§14 Traffic Routes

A. Construction of WECSs poses potential risks because of the large size construction vehicles and their impact on traffic safety and their physical impact on local roads. Construction and delivery vehicles for WECSs and for associated facilities shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include (1) minimizing traffic impacts from construction and delivery vehicles, including impacts on local residential areas; (2) minimizing WECS related traffic during times of school bus activity; (3) minimizing wear and tear on local roads; and (4) minimizing impacts on local business operations. Wind Energy Permit conditions may limit WECS-related traffic to specified routes, and include a plan for disseminating traffic route information to the public.

B. The applicant is responsible for repair of all damages to Town Roads occurring during the construction or maintenance of a WECS. A public improvement bond shall be posted prior to the issuance of any building permit in an amount, determined by the Planning Board, sufficient to compensate the Town for any damage to local roads.

§15 Setbacks and Noise Standards for Wind Energy Conversion Systems

A. Due to the non-industrial character of the Town of Cherry Valley, the Sound Level statistical sound pressure level (L(90)) shall not exceed the Ambient Sound Level by more than 6dBA at the nearest property line to any proposed WECS. Sites can include more than one property and the requirement shall apply to the combined properties. In the event the Ambient Sound Level exceeds 50dBA, the standard shall be the Ambient Sound Level plus a maximum of 5 dBA. Independent certification shall be provided before and after construction demonstrating compliance with this requirement.

B. In the event audible noise due to Wind Energy Facility operations contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in subparagraph A. of this subsection shall be reduced by five (5) dBA. A pure tone is defined to exist if the one-third (1/3) octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one third (1/3) octave bands by five (5) dBA for center frequencies of five hundred (500) Hz and above, by eight (8) dBA for center frequencies between one hundred and sixty (160) Hz and four hundred (400) Hz, or by fifteen (15) dBA for center frequencies less than or equal to one hundred and twenty-five (125) Hz.

(1) These standards may be varied by the Planning Board but never to a standard less than the DEC recommended standards in effect at the time of review.

C. The Ambient Sound Level shall be expressed in terms of the highest whole number Sound Level in dBA. Ambient Sound Levels shall be measured at the exterior of potentially affected existing residences, schools, hospitals, churches and public libraries when considering specific receptors. Ambient Sound Level measurements shall employ all practical means of reducing or compensating for the effect of wind generated noise artifacts at the microphone so as to measure the actual sound level most accurately. Ambient Sound Level measurements should be performed when wind velocities aloft are sufficient to allow wind turbine operation and should report Ambient Sound Levels for wind speeds aloft corresponding to turbine cut-in as well as the wind speed aloft corresponding to production of the greatest noise.

D. Any noise level falling between two whole decibels shall be the lower of the two.

E. The following minimum standards shall apply to any tower, turbine, windmill, building housing mechanical components or electrical substation that is part of any Wind Energy Conversion System or Facility, unless specifically waived or varied by the Planning Board as part of a permit. The following minimum standards do not apply to the transmission or collection system components of such WECS or Facility, except for electrical substations. Each WECS shall be setback from Site boundaries, measured from the center of the applicable component part of the WECS:

1. Twelve hundred (1,200) feet from the nearest Site boundary property line.

2. Twelve hundred (1,200) feet from the right of way of State Route 20 or County Route 54.

3. Five hundred (500) feet from the right of way of all other public roads.

4. Two thousand (2,000) feet from the nearest off-site residence, school or church, measured from the exterior of such residence, whether or not said residence is located in the Town of Cherry Valley.

5. One and a half times the Total Height of the WECS from any non- residential structure (other than a school or church) or any above-ground utilities, unless waived by the utility companies.

§16 Noise and Setback Easements

A. In the event a Wind Energy Facility does not meet a setback requirement or exceeds noise or other criteria established in this Local Law as it existed at the time the Wind Energy Permit is granted, a waiver may be granted from such requirement by the Planning Board in the following circumstances:

1. Written consent from the affected property owners has been obtained stating that they are aware of the Wind Energy Facility and the noise and/or setback limitations imposed by this Local Law, and that consent is granted to (1) allow noise levels to exceed the maximum limits otherwise allowed or (2) setbacks less than required; and

2. In order to advise all subsequent owners of the burdened property, the consent, in the form required for an easement, has been recorded in the County Clerk's Office describing the benefited and burdened properties. Such easements shall be permanent and shall state that they may not be revoked without the consent of the Town Board, which consent shall be granted upon either the completion of the decommissioning of the benefited WECS in accordance with this Article, or the acquisition of the burdened parcel by the owner of the benefited parcel or the WECS.

B. Waivers granted under this Section differ from waiver requests under Article V of this Local Law in that no Article V waiver is required if a waiver is given under this Section, and a Article V waiver must be sought rather than a waiver under this Section if the adjoining property owner will not grant an easement pursuant to this Section.

§ 17 Issuance of Wind Energy Permits

A. Upon completion of the review process, the Town of Cherry Valley Planning Board shall, upon consideration of the standards in this Local Law and the record of the SEQRA review, issue a written decision with the reasons for approval, conditions of approval or disapproval fully stated.

B. If approved, the Planning Board will direct the Town Clerk to issue a Wind Energy Permit upon satisfaction of all conditions for said Permit, and direct the building inspector to issue a building permit, upon compliance with the Uniform Fire Prevention and Building Code and the other pre-construction conditions of this Local Law.

C. The decision of the Planning Board shall be filed within five days in the office of the Town Clerk and a copy mailed to the applicant by first class mail.

D. If any approved Wind Energy Facility is not substantially commenced within one year of issuance of the Wind Energy Permit, the Wind Energy Permit shall expire.

§18 Abatement

A. If any WECS remains non-functional or inoperative for a continuous period of 1 year, the applicant agrees that, without any further action by the Planning Board, the applicant shall de-commission and remove said system at its own expense. Removal of the system shall include at a minimum the removal of the entire above ground structure, including transmission equipment and fencing, from the property. This provision shall not apply if the applicant demonstrates to the Planning Board that it has been making good faith efforts to restore the WECS to an operable condition, but nothing in this provision shall limit the Town's limit the ability to order a remedial action plan after public hearing.

B. Non-function or lack of operation may be proven or inferred by reports to the Public Service Commission, NYSERDA, New York Independent System Operator, or by lack of income generation. The applicant shall make available (subject to a non-disclosure agreement) to the Town Board and Planning Board all reports to and from the purchaser of energy from individual Wind Energy Conversion Systems, if requested necessary to prove the WECS is functioning, which reports may be redacted as necessary to protect proprietary information.

C. Decommissioning Bond or Fund. The applicant, or successors, shall continuously maintain a fund or bond payable to the Town of Cherry Valley, in a form approved by the Town Attorney, for the removal of non-functional towers and appurtenant facilities, in an amount to be determined by the Town, for the period of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed-financial institution. All costs of the financial security shall be borne by the applicant. All decommissioning bond requirements shall be fully funded before a building permit is issued. The amount of the bond or security fund shall be no less than 125% of the cost of removal of the facilities and the restoration of the Site.

§19 Limitations on Approvals; Easements on Town Property

A. Nothing in this Local Law shall be deemed to give any applicant the right to cut down surrounding trees and vegetation on any property to reduce turbulence and increase wind flow to the Wind Energy Facility. Nothing in this Local Law shall be deemed a guarantee against any future construction or Town approvals of future construction that may in any way impact the wind flow to any Wind Energy Facility. It shall be the sole responsibility of the Facility operator or owner to acquire any necessary wind flow or turbulence easements, or rights to remove vegetation.

B. Pursuant to the powers granted to the Town to manage its own property, the Town may enter into noise, setback, or wind flow easements on such terms as the Town Board deems appropriate, as long as said agreements are not otherwise prohibited by state or local law.

§20 Permit Revocation

A. Testing fund. A Wind Energy Permit shall contain a requirement that the applicant fund periodic noise testing by a qualified independent third-party acoustical measurement consultant, which may be required as often as bi-annually, or more frequently upon request of the Town Planning Board in response to complaints by neighbors. The scope of the noise testing shall be to demonstrate compliance with the terms and conditions of the Wind Energy Permit and this Local Law and shall also include an evaluation of any complaints received by the Town. The applicant shall have 90 days after written notice from the Town Planning Board or Town Board, to cure any deficiency. An extension of the 90 day period may be considered by the Town, but the total period may not exceed 180 days.

B. Operation. A WECS shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all noise requirements and other permit conditions. Should a WECS become inoperable, or should any part of the WECS be damaged, or should a WECS violate a permit condition, the owner or operator shall remedy the situation within 90 days after written notice from the Town Planning Board or Town Board. The applicant shall have 90 days after written notice considered by the issuer of the notice, to cure any deficiency. An extension of the 90 day period may be considered by the Town Planning Board, but the total period may not exceed 180 days.

C. Notwithstanding any other abatement provision under this Local Law, , and consistent with § 19(A) and §21 (B), if the WECS is not repaired or made operational or brought into permit compliance after said notice, the Town Planning Board may, after a public meeting at which the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance, (I) order either remedial action within a particular timeframe, or (2) order revocation of the Wind Energy Permit for the WECS and require the removal of the WECS within 90 days. If the WECS is not removed, the Town Planning Board shall have the right to use the security posted as part of the Decommission Plan to remove the WECS.

Article III

Wind Measurement Towers

§21 Wind Site Assessment

As a wind site assessment is typically conducted to determine the wind speeds and the feasibility of using particular Sites, installation of Wind Measurement Towers, also known as anemometer ("Met") towers, shall be permitted in accordance with this Article.

§22 Applications for Wind Measurement Towers

An application for a Wind Measurement Tower shall include

A. Name, address, telephone number of the applicant. If the applicant is represented by an agent, the application shall include the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the representation.

B. Name, address, telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner (i) confirming that the property owner is familiar with the proposed applications and (ii) authorizing the submission of the application.

C. Address of each proposed tower location, including Tax Map section, block and lot number.

D. Proposed Development Plan and Map.

E. Decommissioning Plan, including a security bond for removal.

§23 Standards for Wind Measurement Towers

A. The distance between a Wind Measurement Tower and the property line shall be at least one and a half times the Total Height of the tower. Sites can include more than one piece of property and the requirement shall apply to the combined properties. Exceptions for neighboring property are also allowed with the consent of those property owners.

B. Wind Energy Permits for Wind Measurement Towers may be issued for a period of up to two years. Permits shall be renewable upon application to the Town Planning Board in accordance with the procedure of § 1-20.

Article IV

Small Wind Energy Conversion Systems

§24 Purpose and Intent

The purpose of this Article is to provide standards for small wind energy conversion systems designed for home, farm, and small commercial use on the same parcel, and that are primarily used to reduce consumption of utility power at that location. The intent of this Article is to encourage the development of small wind energy systems and to protect the public health, safety, and community welfare.

§25 Applications.

Applications for Small WECS Wind Energy permits shall include:

A. Name, address, telephone number of the applicant. If the applicant will be represented by an agent, the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the agent to represent the applicant.

B. Name, address, telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner (i) confirming that the property owner is familiar with the proposed applications and (ii) authorizing the submission of the application.

C. Address of each proposed tower location, including Tax Map section, block and lot number.

D. Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.

E. A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Uniform Fire Prevention and Building Code.

F. Sufficient information demonstrating that the system will be used primarily to reduce consumption of electricity at that location.

G. Written evidence that the electric utility service provider that serves the proposed Site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant does not plan, and so states so in the application, to connect the system to the electricity grid.

H. A visual analysis of the Small WECS as installed, which may include a computerized photographic simulation, demonstrating the visual impacts from nearby strategic vantage points. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence.

§26 Development Standards.

All small wind energy systems shall comply with the following standards. Additionally, such systems shall also comply with all the requirements established by other sections of this Article that are not in conflict with the requirements contained in this section.

A. A system shall be located on a lot a minimum of one acre in size, however, this requirement can be met by multiple owners submitting a joint application.

B. Only one small wind energy system tower per legal lot shall be allowed, unless there are multiple applicants, in which their joint lots shall be treated as one lot for purposes of this Article.

C. Small Wind energy systems shall be used primarily to reduce the on-site consumption of electricity.

D. Tower heights may be allowed as follows:

1. 65 feet or less on parcels between one and five acres.

2. 80 feet or less on parcels of five or more acres.

3. The allowed height shall be reduced if necessary to comply with all applicable Federal Aviation Requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports.

E. The maximum turbine power output is limited to residential WECS size deemed appropriate by the Planning Board.

F. The system's tower and blades shall be painted a non-reflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate non-reflective surfaces to minimize any visual disruption.

G. The system shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas.

H. Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration.

I. All on-site electrical wires associated with the system shall be installed underground except for "tie- ins" to a public utility company and public utility company transmission poles, towers and lines. This standard may be modified by the decision-maker if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors.

J. The system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.

K. At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. No brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner

L. Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:

1. Tower-climbing apparatus located no closer than 12 feet from the ground.

2. A locked anti-climb device installed on the tower.

3. A locked, protective fence at least six feet in height that encloses the tower.

M. Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any above-ground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three to eight feet above the ground.

N. Construction of on-site access roadways shall be minimized. Temporary access roads utilized for initial installation shall be re-graded and re-vegetated to the pre-existing natural condition after completion of installation.

O. To prevent harmful wind turbulence from existing structures, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a 250 foot radius. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.

P. All small wind energy system tower structures shall be designed and constructed to be in compliance with pertinent provisions of the Uniform Fire Prevention and Building Code.

Q. All small wind energy systems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacture.

R. The Planning Board may require SEQR review.

§27 Standards

A Small Wind Energy System shall comply with the following standards:

A. Setback requirements. A Small WECS shall not be located closer to a property line than one and one half times the Total Height of the facility

B. Noise. Except during short-term events including utility outages and severe wind storms, a Small WECS shall be designed, installed, and operated so that noise generated by the system shall not exceed ambient noise levels (exclusive of the development proposed) by more than 6 dBA at the nearest property line to any proposed Small WECS. Sites can include more than one piece of property and the requirement shall apply to the combined properties. In the event the ambient sound pressure level exceeds 50 dBA, the standard shall be ambient dBA plus a maximum of 5 dBA. Independent certification shall be provided before and after construction demonstrating compliance with this requirement.

§28 Abandonment of Use

A Small WECS which is not used for twelve (12) successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any building permit shall constitute grounds for the revocation of the permit by the Town Planning Board.

B. All Small WECS shall be maintained in good condition and in accordance with all requirements of this section.

Article V

Waivers

§29 Waivers.

A. The Town Planning Board may, after a public hearing (which may be combined with other public hearings on Wind Energy Facilities, so long as the waiver request is detailed in the public notice), grant a waiver from the strict application of the provisions of this Local Law if, in the opinion of the Town Planning Board, the grant of said waiver is in the best interests of the Town of Cherry Valley. The Planning Board may consider as reasonable factors in evaluating the request, which may include, when applicable, the impact of the waiver on the neighborhood, including the potential detriment to nearby properties, the benefit to the applicant, feasible alternatives, and the scope of the request.

B. The Planning Board may attach such conditions as it deems appropriate to waiver approvals as it deems necessary to minimize the impact of the waiver.

C. The Town Planning Board has no authority to waive any provision dealing with fiscal responsibility or financial offsets that effect the budgetary responsibilities of the Town Board. Application for this type of waiver must be directed to the Town Board.

Article VI

Miscellaneous

§30 Fees

A. Non-refundable Application Fees:

1. WECS Wind Energy Permit

2. Wind Measurement Towers Wind Energy Permit

3. Small WECS Wind Energy Permit

4. Wind Measurement Tower Wind Energy Renewal Permit,

shall all be set by resolution of the Town Board from time to time.

B. Building Permits. The Town believes the review of building and electrical permits for Wind Energy Facilities requires specific expertise for those facilities. Accordingly, the permit fees for such facilities shall be $25 per permit request for administrative costs, plus the amount charged to the Town by the outside consultant and/or attorney hired by the Town of Cherry Valley to review the plans and inspect the work. In the alternative, the Town and the applicant may enter into an agreement for an inspection and/or certification procedure for these unique facilities. In such case, the Town and the applicant will agree to a fee arrangement and escrow agreement to pay for the costs of the review of the plans, certifications or conduct inspections as agreed by the parties.

C. Nothing in this Local Law shall be read as limiting the ability of the Town to enter into Host Community agreements with any applicant to compensate the town for expenses or impacts on the community. The Town shall require any applicant to enter into an escrow agreement to pay the engineering and legal costs of any application review, including the review required by SEQRA.

§31 Tax Exemption

The Town hereby reserves the right to opt out of the Tax Exemption provisions of Real Property Tax Law §487, pursuant to the authority granted by paragraph 8 of that law, or by any other provision of law.

§32 Inspections

A. The owner of each Wind Energy Facility shall submit a bi-annual inspection report to the Town Board or its designee on the structural and operational integrity of the facility. Such report shall be prepared by or under the direction of a Professional Engineer licensed by the State of New York. If such report recommends that repairs or maintenance measures be undertaken, the owner shall provide with such report a written schedule for undertaking such repairs or maintenance.

B. Wind Energy Facilities shall not begin operation until all approvals required under this law are obtained and all required certifications are provided.

C. Following the issuance of any approval required under this local law, the Town Board or its designee shall have the right to enter onto the Site upon which a Wind Energy Facility has been placed, at reasonable times in order to inspect such facility and its compliance with this Local Law.

D. After undertaking such inspection, the Town Board or its designated representative shall provide notice of any non-compliance with the terms of this Local Law or the conditions of approval of any permit issued hereunder, and shall provide the owner or applicant with a reasonable time frame to cure such violation, such timeframe to be determined based upon the seriousness of the violation, its impact upon public safety, and the impact of the violation upon residents of the Town.

§33 Construction Related Damage

The owner of every Wind Energy Facility constructed pursuant to this law shall, to the extent practicable, repair or replace all real or personal property, public or private, damaged during the construction of such facility.

§34 Enforcement; Penalties and remedies for violations.

A. The Town Board and/or Planning Board shall appoint such Town staff or outside consultants as it sees fit to enforce and implement this Local Law.

B. Any person owning, controlling or managing any building, structure or land who shall undertake a Wind Energy Facility in violation of this Local Law or in noncompliance with the terms and conditions of any permit issued pursuant to this Local Law, or any order of the enforcement officer, and any person who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $350 or to imprisonment for a period of not more than six months, or subject to both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amount of $350 for each violation and each week said violation continues shall be deemed a separate violation.

C. In case of any violation or threatened violation of any of the provisions of this local law, including the terms and conditions imposed by any permit issued pursuant to this local law, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation, to prevent the illegal act.

§35 Fiscal Responsibility

A. The Planning Board may, at its discretion, request the most recent annual audited financial report of the permittee prepared by a Certified Public Accountant, licensed by the State of New York, during the review process. If such report does not exist, the Planning Board may, in its sole discretion, require a suitable alternative to demonstrate the financial responsibility of the applicant and its ability to comply with the requirements of this Local Law. All financial documents and reports shall be delivered to the Town Board before final recommendations of Planning Board.

B. No transfer of any Wind Energy Facility or permit, or sale of the entity owning such facility, including the sale of more than 30% of the stock of such entity (not counting sale of shares on a public exchange) shall occur without prior approval of the Town of Cherry Valley, which approval shall occur upon demonstration of fiscal responsibility by such entity and written acceptance by such entity of the obligations of the permittee under this Local Law and the terms of the permit. Any such transfer shall not eliminate the liability of any entity for any act occurring during its ownership or status as permittee.

§36 Certification.

Prior to operation of any approved and constructed Wind Energy Conversion Facility, the applicant must provide a certification that the project complies with applicable codes, industry practices and conditions of approval (where applicable).

SECTION 2: Severability

Should any provision of this Local Law be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

SECTION 3: Effective Date

This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law.