PUBLIC HEARING MARCH 14, 2013 PUBLIC HEARING FOR LOCAL LAW 2013-1 SEASONAL TOWN ROAD LIMITED IMPROVEMENT is opened at 7:00PM by Supervisor Garretson. Public Comment: None The Public Hearing is closed at 7:06PM TB meeting March 14, 2013 The regular meeting of the Town Board of Cherry Valley was held on Thursday, March 14, 2013 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 Chris Barown Councilperson P Ed VanDerwerker Highway Superintendent Excused Tracy Laughlin Councilperson P Mary Beth Flint Town Clerk P Town Attorney Lynn Green is present Reading of last months minutes will be dispensed of and minutes accepted as presented. Any corrections can be made to the Town Clerk. Presentation of invoices and payments: 98 Time Warner Cable Business $69.95pd 99 RBS Inc $250.00pd 100 Edward VanDerWerker $70.92pd 101 Richoh USA Inc $37.50pd 102 Medical Arts Press $229.59pd 103 Dorothy Johnson $26.97pd 104 Cherry Valley Hardware $58.97pd 105 Verizon Wireless $102.84pd 106 Cintas Corporation #121 $354.03pd 107 RL Parsons Inc $4,176.07 108 DCH Enterprises $800.70pd 109 The Daily Star $59.40pd 110 Postmaster $44.00pd 111 Richoh USA Inc $87.00pd 112 Medical Arts Press $41.93pd 113 State Comptroller $2,675.00pd 114 Paraco Gas $830.75pd 115 Casella Waste Services $44.50pd 116 First Rehab Life $96.60pd 117 Cornerstone Telephone Company $575.71pd 118 Time Warner Cable Business $74.95pd 119 National Grid $1,536.39pd 120 Public Goods Pool $499.00pd 121 Bassett Healthcare $26,170.31pd 122 JB Supply $93.90pd 123 Otsego Electric Cooperative In $49.99pd 124 Excellus BC/BS $140.20pd 125 CDPHP Universal Benefits $658.74pd Highway Vouchers: Item 3 (34-50) Item 4 (7-9) Councilperson Barown a motion to accept the invoices and payments as read Councilperson Laughlin seconded the motion. The invoices and payments have been presented and accepted. All in favor 5 yes 0 no. Motion carried. Presentation of Invoices and Payments: • Budget reviewed as well as NBT Account balances. Miscellaneous Information presented to the Town Clerk by Supervisor Garretson is as follows: • Town share of monthly County sales tax collected for the month of December 2012 is $5384.97 • Treasurer of Otsego County Snow & Ice $21,018.73 • Town Clerk can now accept credit card payments with the new nCourt account. This is the same account the Town Court uses. Community Center/Alden Fields and Park: • Spring Fling basketball, dodge ball and dance will be held the first weekend in April. Proceeds to benefit the Community Center and Village Children’s Christmas. • There will be a Psychic Fair the second weekend in April. Sue Miller is the organizer and it sounds like it will be a big event. Miscellaneous Information: • Gates Cole Representative met with Tom for policies for new employees, such as harassment policies etc. Tom asked Lynn if he could send him a copy of policies he has written for other Towns and then he can draft policies curtailed to Cherry Valley Town Employees. Health Center: • Bassett Healthcare EPIC Implementation. Councilperson Barown updated that the System is up and running and staff is using it. The transition has been somewhat ruff due to Bassett not having any personnel available to assist with issues as they arose. • Any bills received from contractors hired to do work for the EPIC transition should be forwarded to Bassett. Bassett will pay the individual directly. These payments are coming from a grant Bassett received to transition to EPIC. Town Facilities: • Michelle Wickwire, Town Justice, applied for a $6,240 grant to install security camera’s and to purchase fireproof file cabinets, copy/fax machine and fire alarms. Justice Wickwire already ordered a nice Cherry Valley Town Court sign to go behind the desk where the Justices sit. Community Facilities Corp/Old School • Meeting is currently going on simultaneously to the Town Board meeting. Village: • Town and Village board minutes online @ cherryvalleyny.us Town Assessor: • Kassie is present for meeting. She reports since the exemption deadline has passed she has been getting less phone calls now. Finishing Assessor’s processing and entering all the data into the computer. She is ready to go out and look at all the new building permits and see if anything is new. Board of review is the 4th Tuesday in May. Town Planning: • Councilperson Barown states the only thing he needs to do is get the numbers for the Census updated. He recently attended a Planning Board meeting and they are looking to form a committee to review and clean up the laws. The intention is not to change the laws but to review the Land Use Regulations and the Site Plan regulations and make sure they are clear and there are no redundancies in the two regulations. The Planning Board would like concise information as to what the Laws are to give to the public when they present with questions. Councilperson Barown would like to give the Town Board’s approval to go ahead with the committee. It is agreed at this meeting to proceed with the Planning Boards idea of a review committee. Highway: • Truck is getting the plow equipment installed Federal/State/County: • County Rep Rosenthal is attending the Roseboom Town meeting tonight. She will be having a District 7 meeting on Wednesday March 20 at 7:00PM at the Old School Café, Cherry Valley. At this time 7:40PM Supervisor Edward VanDerWerker has joined the meeting. Local Law 2013-1 LIMITING THE CONTRUCTION OF PERMEANENT OR YEAR ROUND RESIDENCES ON SEASONAL TOWN OF CHERRY VALLEY ROADS Section 1-Title This Law shall be known as the “Local Law Limiting the Construction of Permanent or Year Round Residences on Seasonal Town of Cherry Valley Roads.” Section 2-Legislative Authority This Local Law is enacted pursuant to Section 10, Subdivision 1. (ii) a. of the Municipal Home Rule Law of the State of New York is intended, to the extent inconsistent therewith, to supplement and /or supersede the provisions of the New York State General Municipal Law. Section 3-Purpose The purpose of this Local law is to control and limit the issuance of building permits for the construction of permanent residences on Town roads which are, or which have in the preceding year, been designated as a seasonal road, so as to enable the Town to better control the Town’s cost an obligation to open a specific portion of an existing road for only one of for a few residences. Section 4-Limitation on Issuance of Permit A. A permit may be issued (provided the applicant agrees in writing to the Savings Provision in Section 5) to construct, modify or otherwise cerate any structure intended to be, or suitable as, a permanent or year round residence on any Town road which is, or during the preceding year, has been designated as a seasonal road unless the driveway or other means of access to the parcel upon which the said structure is to be constructed or modified intersects the seasonal road upon which it is situated, no more than 500 feet distant from that section or portion of the road which is year round (i.e. non-seasonal) road, B. In the event a residence or a Town road is built or improved so as to enable it to be used as a permanent or year round residence, the Town upon request shall improve or otherwise open the seasonal road a maximum of five hundred (500) feet per year so as to eventually enable year round access to the permanent year round residence. Section 5-Savings Provision Notwithstanding the foregoing provisions nothing herein shall prohibit an individual from constructing or improving a structure upon a seasonal road or residing upon a seasonal road, as long as said individual is willing to acknowledge and accept the limited, underdeveloped, un-maintained seasonal nature of the road and accept the responsibility and liability for providing and maintaining their own ingress and egress to their property and structure, under the supervision and written approval of the Highway Superintendent of the Town of Cherry Valley. A discussion was held regarding the wording of Section A as it pertains to permits. Motion to accept Local Law 2013-1 LIMITING THE CONTRUCTIONN OF PERMEANENT OR YEAR ROUND RESIDENCCES ON SEASONAL TOWN OF CHERRY VALLEY ROADS is made by Councilperson Cornwell and seconded by Councilperson Laughlin. Roll call vote of officers: Supervisor Garretson-yes, Councilperson Johnson-yes, Councilperson Barown-yes Councilperson Cornwell-yes Councilperson Laughlin-yes. 5-yes 0 no. Local Law 2013-1 is adopted. Question and comments by the public present: None Motion to adjourn-Councilperson Johnson Seconded by Councilperson Cornwell There being no further business meeting adjourned at 7:57pm. Respectfully submitted, Mary Beth Flint, Town Clerk Town Board minutes were recorded.