TPB SEPTEMBER 2006

DRAFT MINUTES OF THE SEPTEMBER 2006 MEETING

TOWN OF CHERRY VALLEY PLANNING BOARD

Cherry Valley Town Barn Sept. 19, 2006

Cherry Valley, NY 7:30 pm

Members present: Jeff Wait, Liz Plymell, Russ Flint, Bud Garretson, Walter Buist, Leonard Press and Marion Holmes

Advisors present: Carol Minich, Eric Miller

Time was given for any Public questions from the audience.

Meeting was called to order at 7:35 pm

Reading of the Minutes

All those present approved the minutes of the July 2006 meeting.

Misc. Business

Welcome Leonard Press to the planning Board.

Welcome Eric Miller as an advisor to the Planning Board.

Correspondences read: Filing notice received for the Albert Kilmeyer subdivision.

Town of Sharon request interested party status during wind turbine process.

Payment received for FOIL information given to the Advocates

For Cherry Valley in the amount of $5.

1st Item of Business

Stan Urban representing NYSEG. They will be placing antenna on the SBA tower on East Hill as well as placing an emergency structure and generator. All of which will be in the confines of the existing fenced site. Members voted unanimously to waive a Site Plan Review. All that will be required will be a building permit from the county.

There will be a special work session meeting Wednesday October 11th at 6pm in the Village Hall.

Meeting adjourned at 8:20.

Respectfully Submitted,

Elizabeth Plymell, Secretary

TPB SPECIAL SEPT 6th WORK SESSION

MINUTES OF THE SPECIAL SEPT 6th WORK SESSION

TOWN OF CHERRY VALLEY PLANNING BOARD

Cherry Valley Town Barn September 6, 2006

Cherry Valley, NY 5:00 pm


The special work session of the Town of Cherry Valley Planning Board was called to order at 5:05 pm in the Cherry Valley Town Barn, Cherry Valley, NY.

Members present: Liz Plymell, Russ Flint, Bud Garrettson, Walter Buist and Marion Holmes

Members Absent: Jeff Wait

Advisors present: Carol Minich

Motion was made, seconded and carried to accept the minutes of the August special work session.

Motion was made, seconded and approved to go into executive session to discuss applications for planning board membership. Executive session ended at 5:50.

Motion was made seconded and approved to recommend Carol Minich, Leonard Press and Richard Mark as the top three candidates for the vacant board position.

Resolution to present proposed draft local wind law was moved by L. Plymell, seconded by R. Flint and carried by all those present.

Motion to adjourn at 7:40 seconded and carried.

Respectfully Submitted,

Elizabeth Plymell, Secretary

TPB JULY 2006

MINUTES OF THE JUNE 2006 MEETING

TOWN OF CHERRY VALLEY PLANNING BOARD

Cherry Valley Town Barn July 18, 2006

Cherry Valley, NY 7:30 pm

Members present: Jeff Wait, Liz Plymell, Russ Flint, Bud Garretson, Walter Buist and Marion Holmes

Members absent: Linda Franzese

Time was given for any Public questions from the audience.

Meeting was called to order at 7:35 pm

Reading of the Minutes

The minutes of the June 2006 meeting were given to members in paper format and approved by all those present.

1st Item of Business

Minor subdivision of property owned by Robert Loucks tax map 45.00-1-2.01. All required documents were presented. Motion made by R. Flint to accept as final seconded and carried. A fee of $25 was paid in cash.

2nd Item of Business

Sketch plan conference with Reunion Power represented by David Little in regards to proposed East Hill Wind Farm. Questions raised by the board were in regards to offers made by Reunion for the PILOT program and a reduction in residents electrical bill. Also, setting of substation, staging area, what pesticides will be used, which wetland will be affected, and what scenic views will be affected.

Misc. Business

Informational meeting with Laura Horvath representing Tim Horvath regarding possible subdivision on Vandewerker Road.

Respectfully Submitted,

Elizabeth Plymell, Secretary

TPB SPECIAL AUG 9TH WORK SESSION

MINUTES OF THE SPECIAL AUG 9TH WORK SESSION

TOWN OF CHERRY VALLEY PLANNING BOARD

Cherry Valley Town Barn August 9, 2006

Cherry Valley, NY 5:00 pm


The special work session of the Town of Cherry Valley Planning Board was called to order at 5:00 pm in the Cherry Valley Town Barn, Cherry Valley, NY.

Members present: Liz Plymell, Jeff Wait, Russ Flint, Bud Garrettson, Walter Buist and Marion Holmes

Advisors present: Carol Minich and Jerry Waller

1st Item of Business

Discussion was held in regards to the wind ordinance and any adjustments thereof. A motion was made seconded and carried to hold setback of wind towers at 2000 ft from nearest residence outside of the project area and 1200 ft from lot line of properties outside of the project area.

Motion to adjourn meeting was made and seconded.

Meeting adjourned at 7:30 pm.

Respectfully Submitted,

Elizabeth Plymell, Secretary

***Note: There was not a regular monthly meeting in August due to a lack of Quorum.

TPB JUNE 2006

MINUTES OF THE JUNE 2006 MEETING

TOWN OF CHERRY VALLEY PLANNING BOARD

Cherry Valley Town Barn June 20, 2006

Cherry Valley, NY 7:30 pm

Members present: Jeff Wait, Liz Plymell, Russ Flint, Bud Garretson, Walter Buist and Marion Holmes

Members absent: Linda Franzese

Time was given to any Public input from the audiences

Meeting was called to order at 7:34 pm

Reading of the Minutes

The minutes of the May 2006 meeting were given to members in paper format and approved by all those present.

1st Item of Business

Preliminary plat presented by Erin Flint regarding minor subdivision of 3.99 acres from property located at tax map 45.00-1-31.00.

R. Flint abstained from voting on the following motions.

Motion made by L. Plymell to accept as preliminary, seconded and carried by all those present.

Motion made by L. Plymell to waive Public hearing, seconded and carried by all those present. Neighbors to the property were asked about heir opinion of this subdivision, all present were favorable.

Motion made by L. Plymell to accept Mylar as final plat, seconded and carried by all present.

A fee of $25 cash was paid to Secretary Plymell.

Misc. Business

Discussion was made regarding amendments to the Subdivision Regulations and the Site Plan Law.

A draft of the wind ordinance was presented to the members of the board.

Chairperson Wait brought to the board a request for the Planning Board to ask the Town board to enact a moratorium on all projects needing a full environmental assessment in order for the Town Comprehensive Plan to be completed within 6 months and for a complete review and revision of the Town subdivision regulations, land use regulations and site plan review law which is expected to take 12 months.

A motion was made by B. Garretson to request from the Town Board such a moratorium, seconded and carried by all those present.

R. Flint suggested that the Planning Board meet an additional day per month to complete the revisions. It was decided the first such day would be Wednesday July 12 at 5:15 pm.

Respectfully Submitted,

Elizabeth Plymell, Secretary

TPB APRIL 2006

DRAFT

MINUTES OF THE APRIL 2006 MEETING

TOWN OF CHERRY VALLEY PLANNING BOARD

Cherry Valley Town Barn April 18, 2006

Cherry Valley, NY 7:30 pm

L. Franzese made a motion to open the Whipple Preliminary Plat Public Hearing at 7:30, seconded and approved. H. Whipple answered questions from the public. Motion was made to close the hearing by L. Franzese at 7:50 P.M., seconded and approved.

The regular meeting of the Town of Cherry Valley Planning Board was called to order at 7:50 pm in the Cherry Valley Town Barn, Cherry Valley, NY.

Members present: Jeff Wait, Linda Franzese, Liz Plymell, Russ Flint, Bud Garretson and Marion Holmes

Members absent: Walter Buist

Reading of the Minutes

The minutes of the February 2006 meeting were read approved by all those present. The March meeting was not held.

1st Item of Business

Reunion Power will be putting up 2 additional Meteorological towers on the properties of Robert Bernard and Joel Bornt.

Chairperson Wait spoke with the County planning Board to confirm that this did not need to go in front of the county.

Motion was made and approved to send the County Code office a copy of these minutes.

2nd Item of Business

Henry Whipple, Spring Hollow Farm, Neilson Rd. Preliminary plat represented. A check for $1100 dollars was paid to the Town Clerk. The SEQR review found that the property was wholly within the Lindsay Patent and that because of this care should be made to insure minimal disturbance to any existing land markers such as stonewalls.

Motion was made and approved to accept as plat as preliminary for a major subdivision.

A public hearing will be held for the final plat during the May meeting on May 16th at 7:30 P.M.

Misc. Business

L. Franzese made a suggestion that the Town Lawyer be present during the meetings.

L. Plymell brought up County Code permitting and enforcement. A letter will be sent to the Count Code Office requesting that any future permits abide by Town Regulations and Laws. A request will be made to the Town Board that they also send a letter to the Code Office.

Motion to adjourn meeting was made at 9:45 pm carried by all those present.

Respectfully Submitted,

Elizabeth Plymell, Secretary

TPB FEB. 2006

MINUTES OF THE FEB. 2006 MEETING

TOWN OF CHERRY VALLEY PLANNING BOARD

Cherry Valley Town Barn February 21, 2006

Cherry Valley, NY 7:30 pm

The regular meeting of the Town of Cherry Valley Planning Board was called to order at 7:30 pm in the Cherry Valley Town Barn, Cherry Valley, NY.

Members present: Walter Buist, Liz Plymell, Jeff Wait, Bud Garretson and Marion Holmes

Members absent: Russ Flint, Linda Franzese

Reading of the Minutes

The minutes of the January 2006 meeting were read approved by all those present.

1st Item of Business

Henry Whipple, Spring Hollow Farm, Neilson Rd. Preliminary plat presented. Corrections to map had been made has asked. Motion to accept as preliminary made by B. Garretson seconded by L. Plymell. Carried by all those present.

2nd Item of Business

Tammy Silvestri of Century 21 representing the estate of Lillie Mae Oglesby. Final mylar presented with ROW added. Motion to accept has final made by M. Holmes seconded by W. Buist carried by all those present. Fee of $25 paid in cash.

Misc. Business

Walter Buist was welcomed to the board has the newest member.

Discussion about a Vice-Chairperson was held. L. Franzese had indicated she would like to carry out the duties at the Feb meeting. It was decided to appoint her as Vice-Chaiperson.

Motion to adjourn meeting was made at 8:12pm carried by all those present.

Respectfully Submitted,

Elizabeth Plymell, Secretary

Addendum to minutes: The March 2006 meeting was cancelled by Vice-Chairperson Linda Franzese because Village Elections were held on the same day in the Town Barn. Vice-Chair Franzese spoke with Henry Whipple in regards to his public hearing. He approved the hearing to be rescheduled for the April 18th meeting.

TPB JAN. 2006

MINUTES OF THE JAN. 2006 MEETING

TOWN OF CHERRY VALLEY PLANNING BOARD

Cherry Valley Town Barn January 16, 2006

Cherry Valley, NY 7:30 pm


The regular meeting of the Town of Cherry Valley Planning Board was called to order at 7:30 pm in the Cherry Valley Town Barn, Cherry Valley, NY.

Members present: Chris Ottman, Liz Plymell, Jeff Wait, Linda Franzese

Members absent: Russ Flint, Bud Garrettson and Marion Holmes

Reading of the Minutes

The minutes of the November 2005 meeting were read approved by all those present.

1st Item of Business

James & Mary Ann Shearer lot line adjustment. Notification to adjacent landowners has been sent. Motion to accept as preliminary made by L. Franzese, seconded by J. Wait, carried by all those present. Continued to final plat. Motion made to accept as final made by L. Franzese, seconded by L. Plymell, carried by all present. Twenty-five dollar fee paid.

2nd Item of Business

Tammy Silvestri of Century 21 representing the estate of Lillie Mae Oglesby. Held over until next meeting. Mylar needed with right of way added.

3rd Item of Business

Rob Lee representing E. Deckers Ayers for minor subdivision of Property on County Route 33. New proposal presented. A property trade will be done with Mr. Franzen Clough to remove by deed the existing 30 ft ROW in exchange for 60 ft wide by 196 ft deep parcel. Motion to accept as preliminary made by L. Franzese seconded by J. Wait carried by all those present.

4th Item of Business

Henry Whipple, Spring Hollow Farm, Neilson Rd. Sketch plan presented. Mr. Whipple was asked to change “Center of Ditch” to “Center of Stream” and add FEMA flood zone to the map. Motion to accept as sketch made by L. Franzese seconded by J. Wait. Carried by all those present.

Misc. Business

Mr. Andrew Minnig addressed the Board regarding comments made during the November meeting. He indicated that comments made at the County Board meeting were confined to County only and particularly to the Industrial development agency. The Town of Cherry Valley nor any officials of said town were mentioned.

Election of new chairperson was held. Jeff Wait will be the new chairperson.

Chris Ottman will not be seeking reappointment.

Motion to adjourn meeting was made by L. Franzese, seconded by C. Ottman.

Meeting adjourned at 8:30 pm.

Respectfully Submitted,

Elizabeth Plymell, Acting Secretary

TPB November 15, 2005

MINUTES OF THE NOV. 2005 MEETING

TOWN OF CHERRY VALLEY PLANNING BOARD

Cherry Valley Town Barn November 15, 2005

Cherry Valley, NY 7:30 pm


The regular meeting of the Town of Cherry Valley Planning Board was called to order at 7:30 pm in the Cherry Valley Town Barn, Cherry Valley, NY.

Members present: Chris Ottman, Liz Plymell, Jeff Wait, Russ Flint, Bud Garrettson and Marion Holmes

Members absent: Linda Franzese

Advisors present: Carol Minich and Jerry Waller

Reading of the Minutes

The minutes of the October meeting were read and approved by all those present.

1st Item of Business

Rob Lee representing E. Deckers Ayers for minor subdivision of Property on County Route 33. Survey map submitted for pending final acceptance as voted on during the July 19th meeting. Map signed by Chairperson Ottman. Application check given to Secretary Plymell to be given to Town Clerk Flint

2nd Item of Business

Joann Crum, Surveyor, representing James & Mary Ann Shearer, gave an informal presentation requesting a lot line adjustment. The Shearer’s would like to adjust the line separating their adjacent lots in order to have their entire house in one lot. This will be held over till the next meeting pending notification of adjacent landowners.

3rd Item of Business

Preliminary Plat presented by Tammy Silvestri of Century 21 representing the estate of Lillie Mae Oglesby. This is a division of existing parcel bisected by Palmer Road into two separate parcels.

Motion made to accept as preliminary made by R. Flint, seconded by B. Garretson, and approved by all those present.

4th Item of Business

Henry Whipple, Spring Hollow Farm, Neilson Rd. still does not own property. Held over until next meeting.

Misc. Business

Russell Flint asked to address Board regarding statements made at County Board Meeting. Statements made implied that members of the Cherry Valley Town and Planning Boards were holding “secret meetings”. R. Flint stated that if such statements continue to be made perhaps legal action should be taken.

The December meeting of the Planning Board was cancelled.

Motion to adjourn meeting was made by R. Flint, seconded by J. Wait.

Meeting adjourned at 8:05pm.

Respectfully Submitted,

Elizabeth Plymell, Acting Secretary

TB Meeting December 14, 2006

TB Meeting December 14, 2006

The regular meeting of the Town of Cherry Valley Town Board was held on Thursday December 14, 2006 with meeting called to order at 7:12PM by Supervisor Garretson.

Pledge to the Flag said.

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 November 2006 meeting were read. Additions made to minutes to include place of meeting held at the Cherry Valley Community Center. Supervisor Garretson approved the minutes as read.

Bills for the month of November presented:

304 Vets Disposal $ 55.66pd

305 The Daily Star 94.62pd

306 Dan Kiesow 60.00pd

307 Suburban Propane 659.45pd

308 Hummels Office Supply 31.38pd

309 US Postal Service 874.05pd

310 R.S. Mercury and Rte 20 Pulse 10.62pd

311 National Grid 837.62pd

312 Jaird Johnson 79.80pd

313 Dan Kiesow 60.00pd

314 The Center for Economic/Comm. Dev. 300.00pd

315 Cordia Communications 93.86pd

316 Williamson Law Book Co. 280.44pd

317 The Freeman’s Journal 56.62pd

318 Suburban Propane 695.21pd

319 Rury’s Food Store 63.93pd

320 Vets Disposal 55.90pd

321 Logical Net-HC 18.49pd

322 Broadview Networks-HC $ 284.20pd

323 Hummels Office Plus-HC 31.38pd

324 Ikon Office Solutions-HC 28.59pd

325 RBS-HC 250.00pd

326 Transcription Associates-HC 817.60pd

327 Rurys Food Store-HC 128.45pd

328 Quill Corp.-HC 48.93pd

329 Suburban Propane -HC 255.62pd

330 Cherry Valley Hardware-HC 37.97pd

331 Medical Arts Press-HC 51.25pd

332 Ikon Office Solutions-HC 141.69pd

333 Pennysaver-HC 47.00pd

334 Medical Arts Press-HC 139.90pd

335 Quill-HC 348.59pd

Highway Vouchers

Item 3 (156-167)

Item 4 (18-19)

Motion made by Councilperson Johnson second by Councilperson Bressett to pay the bills as presented. Motion carried.

Town share of monthly sales tax collected for the month of September 2006 is $4,870.13.

Dog Control Officers report will be on file with the Town Clerk.

Tom Fucillo from MRT Counselors at Law read the following:

§ 617.20 Appendix A State Environmental Quality Review Full Environmental Assessment Form (21 pages)

§ State Environmental Quality Review Act Negative Declaration Notice of Determination of Non-Significance (4 pages)

Mr. Fucillo read a prepared Resolution for the Town Board.

At a regular meeting of the Town Board of the Town of Cherry Valley held at the Cherry Valley Community Center, 2 Genesee Street, Cherry Valley, New York 13320, on December 14, 2006, at 7:00 p.m. there were

Present:

Thomas Garretson, Supervisor;

James Johnson, Councilmember;

Fabian Bressett, Councilmember;

Absent:

None;

RESOLUTION #7 SEQRA Full Environmental Assessment Form

WHEREAS, the Town Board of the Town of Cherry Valley is considering the enactment of a Local Law to provide review and a permitting process along with minimum standards for the siting, approval, construction and operation of Wind Energy Facilities within the Town of Cherry Valley (hereafter referred to as the “Action”); and

WHEREAS, prior to taking final action with respect to such Action, it is the intention of the Town Board to comply with the provisions of the State Environmental Quality Review Act (“SEQRA”); and

WHEREAS, the Town Board has reviewed a long form or “Full” Environmental Assessment Form prepared by Special Counsel to the Town Board; and

WHEREAS, the Town Board has reviewed a draft Negative Declaration/Notice of Determination of Non-Significance prepared by Special Counsel to the Town Board in accordance with the criteria for determining significance of an action set forth at 6 NYCRR 617.7 ©; and

WHEREAS, having considered the Action and the potential environmental impacts associated with the Action;

NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Cherry Valley that the proposed Action is subject to SEQRA; and

BE IT FURTHER RESOLVED, that the Action appears to be an “unlisted” action pursuant to SEQRA because it does not directly exceed any Type 1 threshold, however, it will be treated by the Town Board as a Type 1 action through the exercise of caution; and

BE IT FURTHER RESOLVED, that the Town Board is the only agency with jurisdiction by law to fund, approve or directly undertake

this Action, and therefore coordinated review of the Action under SEQRA is neither required nor necessary; and

BE IT FURTHER RESOLVED, the Town Board of the Town of Cherry Valley shall be the lead agency for the Action under SEQRA; and

BE IT FURTHER RESOLVED, that the Town Board as lead agency adopts the findings, conclusions and rationale relating to the probable environmental impacts of the Action contained within the attached EAF and Negative Declaration/Notice of Determination of Non-Significance, and authorizes the Town Supervisor to execute the EAF and file the Negative Declaration/Notice of Non-Significance in accordance with the applicable provisions of law; and

BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately.

A motion to adopt the foregoing resolution was made by Councilperson Bressett and seconded by Councilperson Johnson, and upon a roll call vote of the Board was duly adopted as follows:

Supervisor Thomas Garretson-YES

James Johnson-YES

Fabian Bressett, III-YES

Mr. Fucillo read a prepared resolution for the Town Board

RESOLUTION #8 Local Law #2 Wind Energy Facilities

WHEREAS, Local Law Number 2 of 2006, entitled “Wind Energy Facilities”, was introduced by a member of the Town Board at a regular meeting thereof held on September 14, 2006, and a public hearing thereon was scheduled for September 25, 2006, at 6:00 p.m.; and

WHEREAS , notice of the public hearing was duly published and posted as required by law, and on September 25, 2006 at 6:00 p.m. a public hearing was held to consider Local Law No. 2 of 2055, and all person interested therein were provided an opportunity to be heard; and

WHEREAS, based upon the comments received at such public hearing, a modified version of Local Law No. 2 of 2006, entitled “Wind Energy Facilities”, was introduced by a member of the Town Board at a regular meeting thereof held on November 9, 2006, and a public hearing thereon was scheduled for November 20, 2006, at 6:00 p.m.; and

WHEREAS, notice of the second public hearing was duly published and posted as required by law, and on November 20, 2006 at 6:00 p.m. a public hearing was held to consider Local Law No. 2 of 2006, as modified, and all persons interested therein were provided an opportunity to be heard; and

WHEREAS, in an abundance of caution, Local Law No. 2 of 2006 was referred to the Otsego County Planning Board following its initial introduction on September 14, 2006, pursuant to Section 239-m of the General Municipal Law; and

WHEREAS, By letter dated September 22, 2006, the Otsego County Planning Director advised the Town of Cherry Valley that the Otsego County Planning Board would not entertain such referral because it believed that referral was not required pursuant to Section 239-m of the General Municipal Law; and

WHEREAS, based upon that previous rejection of the referral by the County Planning Board, the modified version of Local Law No. 2 of 2006 was not referred to the Otsego County Planning Board; and

WHEREAS, a Negative Declaration relating tot the enactment of Local Law No. 2 of 2006 has been issued by the Town Board, by prior resolution, thereby completing the review of the proposed enactment under the Tate Environmental Quality Review Act;

NOW, THEREFORE, be it resolved by the Town Board of the Town of Cherry Valley as follows:

1. It is hereby determined by the Town Board that Local Law No. 2 of 2006 promotes the effective and efficient use of the Town’s wind energy resource through Wind Energy Conversion Systems (WECS), while at the same time regulating the siting, approval, construction and operation of such systems to better protect the public health, safety, and welfare of the citizens of the Town of Cherry Valley.

2. Based upon the foregoing, Local Law No. 2 of 2006 is hereby adopted and approved, the Clerk is directed to file a copy thereof in the office of the Town Clerk and with the Secretary of State as required by the Municipal Home Rule Law, and forward a copy thereof for codification.

A motion to adopt the foregoing resolution was made by Councilperson Bressett and seconded by Councilperson Johnson, and upon a roll call vote of the Board was duly adopted as follows:

Supervisor Thomas Garretson-YES

James Johnson-YES

Fabian Bressett, III-NO

Supervisor Garretson made a statement that the Board supports a Wind Energy project and the Town will have one by adopting Local

Law No. 2. We would rather err on the side of caution and proceed from there.

Updates:

Community Center/Alden Field: The Biddy Basketball program will begin in January and run through February. Locker room demolition is still in its early phases. Supervisor Garretson stated the policy there will be not pets allowed in the Community Center. Service dogs will be allowed.

Cherry Valley Community Facilities Corporation report given by Carl Waldman: The Courtroom entrance is being overhauled. The Facilities Corp. will be hosting a Valentines Day Dinner in February.

Village Board report not available, however Supervisor Garretson received a letter from the Village regarding a Walking Path project. Supervisor Garretson will respond with a letter of agreement.

Comprehensive Planning Committee Report given by Walter Buist and Paul Solomon: An informal draft document should be produced for the Planning Board’s next meeting in November.

Planning Board report given by Liz Plymell: Signed Mylar’s for 2 residents site plan review. There will be no December meeting.

County Representative, Phil Durkin reports there will be a 2.7% tax increase. Capital reserve fund passed. There will be a 2-4% bed tax increase. Resolution passed for optical scanners for voting machines.

Supervisor Garretson made an announcement he will have a new e-mail address as soon as the Town of Cherry Valley’s website is completed. Supervisor Garretson will only be responding to messages left on his Home office telephone number, which is (607) 264-9045.

Supervisor Garretson received correspondence from the NYCLU (New York Civil Liberties Union) re: petitions. Supervisor Garretson contacted Katherine Levitan-NYCLU-CRC Attorney by telephone and

stated he will not refuse petitions, but would rather have written statements.

Supervisor Garretson asked to have the Town Board meetings moved back to the Town Barn on Main Street. Motion made by Councilperson

Johnson to move the Town Board meetings back to the Town Barn, Main Street, Cherry Valley, motion second by Councilperson Bressett. Motion carried.

Councilperson Bressett officially submits his letter of resignation from the Town Board.

Supervisor Garretson received 15 letters of interest for the impending vacancy on the Town Board. Supervisor Garretson made a motion to select Fabian Bressett’s replacement with Mark Cornwell. Motion seconded by Councilperson Bressett.

Supervisor Garretson thanked and presented Mr. Bressett with a plaque for his 33 years of public service to the Town.

Questions and comments were entertained by the public present.

There being no further business a motion was made by Councilperson Bressett to adjourn, motion second by Councilperson Johnson, meeting adjourned at 8:55PM.

Respectfully submitted,

Mary Beth Flint

Town Clerk

November 9, 2006

TB Meeting November 9, 2006

The regular meeting of the Town of Cherry Valley Town Board was held on Thursday November 9, 2006 with meeting called to order at 7:15PM by Supervisor Garretson.

Pledge to the Flag said.

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 October 2006 meeting were read. Motion made by Councilperson Johnson second by Councilperson Bressett to approve the minutes as read. Carried.

Bills for the month of October presented:

281 Andrew Criscola $ 91.17pd

282 National Grid 641.84pd

283 Cordia Communications 93.86pd

284 The Daily Star 118.62pd

285 Vets 56.52pd

286 Verizon 55.32pd

287 Verizon Wireless 12.18pd

288 Cherry Valley Fire District 50.00pd

289 Alberta Deselets 150.00pd

290 Otsego County Assessors Association 25.00pd

291 Jodi Grove 116.00pd

292 Cherry Valley Hardware 27.97pd

293 The Daily Star 10.80pd

294 JGB Factoring GMBH,LLC 9.75pd

295 The Freemans Journal 8.74pd

296 William T. Ryan Associates 5,254.49pd

HEALTH CENTER

297 Bassett Healthcare $17,672.29pd

298 Cherry Valley Hardware 5.78pd

299 Otsego Telephone Systems, Inc. 140.00pd

300 Suburban Energy Service 166.09pd

301 CASEB 94.97pd

302 Logical Net 17.95pd

303 William T. Ryan Associates 1,475.69pd

Highway Vouchers

Item 1 (34-37)

Item 3 (141-155)

Item 4 (16-17)

Motion made by Councilperson Johnson second by Councilperson Bressett to pay the bills as presented. Motion carried.

Town share of monthly sales tax collected for the month of August 2006 is $7,718.78

Dog Control Officers report will be on file with the Town Clerk.

Updates:

Community Center/Alden Field: Tom reported the fall soccer season has ended. The concession stand is also closed up for the season and the workday at the Community Center was a success.

Cherry Valley Community Facilities Corporation report given by Liz Plymell. The Corporation welcomed 3 new members. A committee was formed to review mission statement and provide a plan for the building.

Village Board report not available, however June Barwick made the following presentation on the Boards behalf: June is applying for a grant on a feasibility study of the benefits and costs of merging the Village with the Town. An outside consultant should be hired to review the process and the grant would provide the funding for the fee.

Comprehensive Planning Committee Report given by Walter Buist and Paul Solomon: An informal draft document should be produced for the Planning Board’s next meeting in November.

Planning Board report given by Liz Plymell: No pressing issues to report.

County Representative, Phil Durkin reports Otsego County Department of Health is having a presentation on November 29 from 1-3pm at the Meadows on rabies in Otsego County. There will be a 2.5-3% tax increase for a reserve fund for future emergencies in the county. On November 29 the County Budget will be presented and the budget will be voted on at the December 6 meeting. Presentation on Voting machines will be made at the next night meeting of the County Board, November 15 @ 6:00pm.

Facilities report: Supervisor Garretson reported there was a problem with the boiler at the Community Center and is being resolved. Town Clerk is almost completed.

Margaret Lunzman and June Barwick reported the Town is recipients of several grants:

$135,000 grant for the construction of the visitor center on Route 20.

$7,500 grant to the Cherry Valley Chamber of Commerce for the reproduction of a 1930’s brochure about the road and its communities.

$285,200 grant from the Federal Highway Administrations Transportation Enhancement program to construct the tourism booth.

To move forward on these projects a motion is made by Supervisor Garretson and seconded by Councilperson Bressett to adopt the following resolution:

RESOLUTION #6

SCENIC BYWAYS GRANTS 2006

RESOLVED, that the Cherry Valley Town Board at its meeting on November 9, 2006, authorized

1. Supervisor Thomas Garretson to submit the paperwork to the NYS Department of State to begin the processing of a $35,000 legislative grant for the tourism booth.

2. Margaret Lunzman and/or June Barwick to represent the Town of Cherry Valley at a meeting at the NYS department of Transportation Region 9 office to learn about next steps for the TEP grant.

A vote of AYES and NO’S was taken: Supervisor Garretson-Aye, Councilperson Johnson-Aye, and Councilperson Bressett-Aye.

Public Hearing for the 2007 Town Budget is opened at 7:30pm.

Questions were taken from the public present regarding the proposed budget for the Town. Supervisor Garretson answered all questions. Questions and answers on file with the Town Clerk.

Supervisor Garretson made a motion to adopt the Town Budget as proposed. Councilperson Johnson seconded the motion. Motion carried. The budget will have the county seal applied and will be filed with the following individuals: Laura Childs, Otsego County Clerk’s office, Margaret Gage, Gates Cole Insurance and the Town Clerk.

Supervisor Garretson introduced the revised Local Law #2 Wind Energy Facility Law. Supervisor Garretson made a motion to accept the proposed revisions as read be added to Local Law #2. Councilperson Bressett seconded the motion.

Supervisor Garretson proposed a Public Hearing be held on Local Law #2 be on Monday, November 27, 2006 at 7:00pm at the Cherry Valley Community Center. Supervisor Garretson proposed a Special Town Board meeting be held on Monday, November 27, 2006 at 7:00pm at the Cherry Valley Community Center.

Supervisor Garretson proposed a Public Hearing to extend Local Law #1 moratorium on Wind Development on November 27, 2006 @ 7:00pm at the Cherry Valley Community Center. Proposed a Special Town Board meeting for November 27, 2006 at 7:00pm at the Cherry Valley Community Center.

Councilperson Bressett seconded the proposals.

A question regarding the acceptance of petitions was raised regarding the public hearings. Supervisor Garretson stated petitions would not be accepted.

Barbara Perry read a statement of concerns and asked this letter be submitted for public record.

Questions and comments were entertained by the public present.

There being no further business a motion was made by Supervisor Garretson to adjourn, motion second by Councilperson Bressett, meeting adjourned at 8:55PM.

Respectfully submitted,

Mary Beth Flint

Town Clerk

October 12, 2006

TB Meeting October 12, 2006

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

Pledge to the Flag said.

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 September 2006 meeting were read. Corrections to minutes were made. Motion made by Bressett second by Johnson to approve the minutes as read. Carried.

Bills for the month of September presented:

261 RS Mercury $ 11.69pd

262 Calendars 24.78pd

263 Dan Kiesow 60.00pd

264 The Freeman’s Journal 29.26pd

265 Bruce Hall 343.32pd

266 Cordia 94.56pd

267 National Grid 672.05pd

268 Hummel’s Office Supply 84.87pd

269 National Pastime 284.50pd

270 Williamson Law Book 134.82pd

271 Coca Cola Bottling Co. 110.00pd

272 Verizon 54.67pd

273 Vets Disposal 56.50pd

Health Center

274 Broadview Networks $ 299.61pd

275 Transcription Associates 768.90pd

276 Ikon Office Solutions 48.42pd

277 Rury’s Food Store 122.11pd

278 Rural Business Services $ 250.00pd
279 Cherry Valley Hardware 11.75pd
280 Bassett Healthcare 18,749.67pd
281 Mary Beth Flint 65.98

Highway Vouchers

Item 1 (29-33)

Item 3 (127-140)

Item 4 #15

Motion made by Bressett second by Johnson to pay the bills as presented. Motion carried.

Town share of monthly sales tax collected for the month of July 2006 is $5,304.50.

Dog Control Officers report will be on file with the Town Clerk.

Updates:

Community Center/Alden Field: Mary Beth Flint reported the events currently scheduled at the Community Center. There will be a workday coming up in November to clean out the locker rooms to prepare them for the future meeting rooms. All volunteers are welcomed. There will be a Spaghetti Dinner with a dance to follow on October 28. This fundraiser will benefit the window fund for the Community Center.

Comprehensive Planning Committee Report given by Walter Buist:

The final draft of the Comprehensive Plan should be ready by the end of the year. Paul Solomon stated the Comprehensive Planning Committee needs to meet more frequently to be able to produce a report to be viewed hopefully in November.

Planning Board report given by Liz Plymell: The Planning Board is seeking to get Verizon to either turn on the current cell tower or remove it. NYSEG will be placing a small building near the tower. Antennas will be placed on the tower for emergency communications.

County Representative: Phil Durkin reports the County Board is in the midst of Budget time and it is also a CSEA contract year. Night meetings will convene for the County Board. The new Human Resource director for the County starts next week. Constituents’ night for Cherry Valley will be next month.

Supervisor Garretson introduced John and Carol Higgins representatives from Otsego County Project Recovery. FEMA grant available to help local residents suffering with mental health problems due to the recent flooding in the area. Resources are available for physical needs, crops, buildings etc. The close out date for FEMA is Monday October 16, 2006.

Supervisor Garretson read the tentative 2007 budget for the Town of Cherry Valley. Motion to accept the tentative 2007 budget was made by Councilperson Bressett and second by Councilperson Johnson. Motion carried.

Motion made by Supervisor Garretson to have Public Hearing for the Preliminary Budget for 2007 for the Town of Cherry Valley on Thursday, November 9, 2006 at 7:30PM. Councilperson Bressett second the motion. Motion carried.

Supervisor Garretson made a motion to have a work-session for the Town Board members on Monday, October 23, 2006 at 6:00PM at the Town Barn, Cherry Valley. Councilperson Johnson second the motion. Motion carried.

Question and comments were entertained by the public present.

Supervisor Garretson spoke with Lynn Green, the Town Attorney regarding Councilperson Fabian Bressett’s letter of resignation from the Cherry Valley Town Board. Mr. Green advised the Mr. Bressett could announce his resignation, however, his letter will be good for 30 days. The Town Board may accept letters from interested resident of the Town of Cherry Valley. Letters will be accepted now through

November 30, 2006 to fulfill the remainder one (1) year of Councilperson Bressett’s four (4) year term. A new Councilperson will be appointed January 2007.

There being no further business a motion was made by Supervisor Garretson to adjourn, motion second by Councilperson Johnson, meeting adjourned at 9:06PM.

Respectfully submitted,

Mary Beth Flint

Town Clerk

Cherry Valley Wind Ordinance - narrative for revisions

WIND ENERGY FACILITIES

TOWN OF CHERRY VALLEY

[narrative for revisions]

§4 (5) I have revised grammar.

§5 is revised to conform with section 11 K and L. A new section (b) is added to deal with financial offsets which are the statutory responsibility of the Town Board.

§6 H add “Town Planning Board” and add “be”

§7 Residence – add “human”

Article II: K – added time frame; Q (3) Typo corrected

6. Property values: The report requested was not addressed in the review process how it was intended to be used. Assessments and property values are the concern of the assessor and taxing authority, so the delivery of this documentation to the Town Board (the fiscal body of the Town), is the appropriate place for the property values information.

10. The addition authorizes the Planning Board to identify “cultural resources” rather than only deal with NYSOPRHP.

§11 changes are clarification that the Planning Board is doing the review process and shall require an escrow agreement. The escrow agreement is not an option.

§13 D. phrase added to allow greater safety distance if standards increased during review.

§15 B. (1) added clause enabling Planning Board to vary standards so long as minimum DEC recommendations were met. If future requirements are greater, we do not want to be locked into lesser standards.

§16. correctly identifying Article V

§20 B. clarifying notices as to violation of permit.

§23 Applications for renewal to Planning Board

§26 - Change section to allow Planning Board to determine appropriate size

- Adding authority to require SEQR review

Article V – Waiver

New section added: The statutory responsibility shall remain with the Town Board; i.e., road repair, etc.

Fees – These are taken out of local law and authority given to the Town Board to establish and change the fee structure from time to time.

§30 added “be”

September 14, 2006

TB Meeting September 14, 2006

The regular meeting of the Town of Cherry Valley Town Board was held on Thursday September 14, 2006 with meeting called to order at 7:05PM 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 August 2006 meeting were read. Motion made by Bressett second by Johnson to approve the minutes as read. Carried.

Bills for the month of August presented:

#213 Cherry Valley Hardware $ 38.70

214 Cherry Valley Hardware 17.92

215 Ivan Rosengrant 50.00

216 Tom Wintermute 50.00

217 Joe Weaver 50.00

218 John Kokell 50.00

219 Ed Dubben-CV Pony League 446.00

220 Village of Cherry Valley 118.89

221 Quill 85.48

222 National Pastime 284.50

223 Helen Stiles-Reimbursement 177.50

224 William T. Ryan Associates 4,366.72

225 Debra Whiteman 222.05pd

226 Sarah Child 2,500.00pd

227 National Grid 745.98pd

228 The Pennysaver 34.50pd

229 Cordia 94.56pd

230 Verizon 27.19pd

231 Vets $ 56.50pd

232 Alberta Deselets 150.00pd

233 Dan Kiesow 60.00pd

234 The Daily Star 105.03pd

235 The Freeman’s Journal 29.65pd

236 Broadview Networks 82.08pd

237 Quill corp.-Health Center (HC) 145.87pd

238 Ikon-HC 62.00pd

239 Ikon Office Solutions-HC 80.41pd

240 Brian W. Bowen Plumbing and Heating-HC 60.69pd

241 Medical Arts Press-HC 176.38pd

242 Logical Net-HC 17.95pd

243 Transcription Associates-HC 728.26pd

244 Smile Makers-HC 58.00pd

245 Quill-HC 120.97pd

246 Verizon-HC 30.35pd

247 Medical Arts Press-HC 35.96pd

248 National Grid-HC 359.14pd

249 Suburban Energy Serv.-HC 59.95pd

250 Ikon Office Solutions-HC 27.99pd

251 Rury’s Food Store-HC 73.25pd

252 Broadview Networks-HC 294.99pd

253 Stamp Fulfillment Services-HC 874.05pd

254 RBS-HC 250.00pd

255 Medical Arts Press-HC 115.94pd

256 Transcription Associates-HC 769.20pd

257 Bassett Healthcare-HC 18,025.44pd

258 Tri-County 79.10

259 The Copy Shop Plus 773.28

260 Post Office Box Fee Community Center 26.00

Highway Vouchers

Item 1 (25-29)

Item 3 (117-126)

Item 4 #14

Motion made by Bressett second by Johnson to pay the bills as presented. Motion carried.

Town share of monthly sales tax collected for the month of June 2006 is $5,587.94.

Dog Control Officers report is read for the months of July and August.

Updates:

Community Center/Alden Field: Mary Beth Flint reported the Community Center is being well utilized. Supervisor Garretson reported the soccer fields are doing well and there is a lost and found bin at the concession stand which will have lost spikes and shin guards available for any youth to take if needed.

Supervisor Garretson reported that National Grid is offering reimbursement for individuals planting trees away from power lines.

Comprehensive Planning Committee Report given by Walter Buist:

Preliminary results of the recent survey taken in the village were presented. There will be and informational meeting planned for September 26 at the Community Center. Report on file with the Town Clerk.

Planning Board report given by Liz Plymell: August meeting was cancelled due to lack of a forum. A recent working meeting of the Town Planning Board was held shortly thereafter the cancelled meeting.

Facilities Report submitted by Jeff Stiles and read by Supervisor Garretson. Report on file with the Town Clerk.

County Representative: Phil Durkin reports the County Board has not received any bids for the Annex building as of this date. Legionnaires Disease is under control at the Manor. New codes for installing new or used manufactured homes. Must be installed by a certified installer and structure must bear the seal of the certified installer. Issues at the

forefront of the county board will be affordable housing and preliminary budget time.

Butch Jones will be offering NIMS (National Incident Management system) training for all local officials, fire departments, elected officials, etc.

Supervisor Garretson proposed resolution #5 Whereas the Town Highway Superintendent needs to maintain a dependable fleet of trucks and machinery. Whereas: the current Ford F550 has reached the end of its dependable life and will need to be replaced. Resolved: a new 2007 GMC 5500 has been approved an ordered and will be financed through NBT bank with a $60,673 installment bond not to exceed 4.5% annual interest and that will mature 3 years from the date of issue (09-15-06) and will be paid in 3 equal annual installments. Supervisor Garretson made a motion to adopt Resolution #5, seconded by Councilperson Bressett. A vote of Ayes and noyes was taken: Garretson-Aye, Bressett-Aye, Johnson-Aye. Resolution #5 adopted.

Supervisor Garretson read correspondence from Eric Miller, Executive Director of the Otsego County Conservation Association offering his expertise to the Town Board during the recruitment for a vacancy on the Town Board. Supervisor Garretson made a motion to accept Mr. Miller’s offer to be a consultant to the Town Board for the time frame of present to January 2007. Councilperson Bressett seconded the motion. Motion carried.

Supervisor Garretson read a letter from the Town Planning Board regarding the applications they have received for the vacancy on the Planning Board. The board narrowed down the list of eleven (11) applicants to three (3). The three (3) candidates are, Carol Minich, Leonard Press and Richard Mark. Supervisor Garretson made a motion to appoint Leonard Press to the Planning Board, Seconded by Councilperson Johnson. Motion carried.

Supervisor Garretson read a letter from the Planning Board regarding the proposed Local Law #2 to properly regulate Wind Energy Facilities. Letter on file with the Town Clerk.

Councilperson Bressett received a telephone call from Planning Board members disturbed that they did not have a say in the Local Law and that it was already written and presented to the Planning Board members. Supervisor Garretson responded with the proposed Local Law needs to go to a Public Hearing, revisions if necessary and then to another Public Hearing.

Supervisor Garretson stated the petitions handed in regarding moving from a 3 to 5 man board did not go unnoticed at the August Town Board meeting. This is being worked into the comprehensive plan and

is an involved process. More information will be coming from the attorney.

Supervisor Garretson made a motion to have a Special Town Board meeting on Monday, September 25, 2006 to be held at the Community Center with a start time of 6:00PM. Councilperson Johnson seconded the motion. Motion carried.

Supervisor Garretson made a motion to have Public Hearing to be held Monday, September 25, 2006 at the Community Center with a start

time of 6:00PM. Councilperson Bressett seconded the motion. Motion carried.

The Town Clerk will place legal notices in the Town papers.

Copies of the proposed Local Law #2 Wind Energy Facilities will be available at the Town Clerk’s office and the Otsego County Representatives website.

There was a question raised from the floor will petitions be allowed at the Public Hearing. Supervisor Garretson stated petitions will not be accepted. Individuals will be allowed to address the Board verbally or in written letterform.

Supervisor Garretson introduced representatives from MRT, Attorneys at Law and Labella Associates, Engineering Firm.

Due to the number of community members attending the Town Board meetings Supervisor Garretson made a motion to move the Town Board meetings to the Community Center starting in October. Seconded by Councilperson Bressett. Motion carried. Town Board meeting time will remain at 7:00PM.

The Attorney and Engineer present from MRT and Labella Associates addressed question, Comments and Concerns brought forth by the public present. Mr. Fucillo-MRT suggested the Public Hearing be kept

open for a period of 10 business days following the Public Hearing for written response.

There being no further business a motion was made by Councilperson Bressett to adjourn, seconded by Councilperson Johnson, meeting adjourned at 8:57PM.

Respectfully submitted,

Mary Beth Flint

Town Clerk