Public Hearing for the Tax Cap Override and DRAFT ONLY TB MEETING OCTOBER 10, 2024

 

Motion to open the Public Hearing for the Tax Cap Override is made by Councilperson VanDerwerker 2^nd by Councilperson Cornwell.  Public Hearing opened at 6:40PM

 

No public comment

 

Motion made by Councilperson Cornwell to close the public hearing for the Tax Cap Override 2^nd by Councilperson Johnson.

 

Public hearing closed at 7:00PM

 

DRAFT ONLY TB MEETING OCTOBER 10, 2024

 

The regular meeting of the Town Board of Cherry Valley was held on Thursday October 10, 2024 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

Jim Johnson-Councilperson P

Ed VanDerwerker-Councilperson p  

Mark Cornwell-Councilperson P

Holly Waterfield-p

Highway Superintendent Marty Field-Excused

Mary Beth Flint-P

 

Reading of last month’s minutes will be dispensed of and minutes accepted as presented and or corrected.   

 

Presentation of invoices and payments:

HEALTH CENTER FUND

83 Bassett Healthcare $57,593.08pd

84 Ricoh USA Inc $77.86pd

85 Optimizer Systems Inc $283.52pd

86 National Grid $485.15pd

87 Spectrotel $378.03pd

88 Quill Corporation $43.99pd

89 American Wholesalers $425.24pd

90 Leona Johnson $120.00pd

91 Leona Johnson $65.00pd

92 Quill Corporation $497.90pd

93 Bassett Healthcare $83,926.24pd

94 Quill Corporation $41.99pd

 

GENERAL FUND

191 Elan Financial Services $21.59pd

DRAFT ONLY TB MEETING OCTOBER 10, 2024

 

192 State Comptroller $6,992.00pd

193 Nan Stolzenburg $466.77pd

194 Millers Cleaning Services $842.40pd

195 Hometown Hauling $43.25pd

196 Charter Communications $279.98pd

197 Charter Communications $84.95pd

198 National Grid $462.39pd

199 Spectrotel $385.74pd

200 Tri-County Communications Inc $179.10pd

201 Cintas Corporation #121 $365.08pd

202 Excellus BC/BS $329.09pd

203 National Grid $16.63pd

204 American Wholesalers $102.89pd

205 Jeff Stiles Construction $1,699.18pd

206 United Healthcare $17.65pd

207 Hummels Office Plus $41.17pd

 

Highway Vouchers:

Item 1 (327-333)

Item 3 (787-791)

Item 4 None

 

Councilperson Waterfield made a motion to accept the invoices and payments as presented, Councilperson VanDerwerker seconded the motion.  The invoices and payments have been presented and accepted.   All in favor 5 yes 0 no

 

Presentation of Invoices and Payments:

•         Budget reviewed as well as NBT Account balances

 

Misc. information to the Town Clerk:

•         Otsego County Sales Tax for the month of SEP $10,650.90

•         The Cherry Valley Fire Department Emergency Squad Closure Plan is distributed to the Town Board.  After January 01, 2025 all calls will be handled by Otsego County Ambulance service.

 

Community Center Alden Field and Park:

• No new business.  Rentals are starting to come in for the fall and winter months.

 

Health Center:

• Supervisor Garretson is working with Senator Oberacker and Elise Stefanik to see if we can get some rural health center money.

 

Village:

•         Town and Village Board Minutes and info- www.cherryvalleyny.us

DRAFT ONLY TB MEETING OCTOBER 10, 2024

 

Highway Department:

• Working on getting CHIPS paperwork completed to get reimbursement from the State for snow and ice.

 

Supervisor Garretson distributed the Preliminary 2025 Budget to the Board members for their review.

 

Local Law 2024-1 Tax Levy Override is introduced by Supervisor Garretson:

 

Local Law to Override Tax Levy Limit

 

Section 1.  Legislative Intent

 

It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Cherry Valley pursuant to General Municipal Law 3-c.,and to allow the Town of Cherry Valley to adopt a budget for the fiscal year 2025 that requires  real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law 3-c.

 

Section 2.  Authority

 

This local law is adopted pursuant to subdivision 5 of the General Municipal Law 3-c, which expressly authorizes the town board to override the tax levy limit by the adoption of a local law approved by vote of sixty percent (60%) of the town board.

 

Section 3.  Tax Levy Limit Override

 

The Town Board of the Town of Cherry Valley, County of Otsego is hereby authorized to adopt a budget for the fiscal year 2025 that requires a real property tax levy in excess of the amount otherwise proscribed in General Municipal Law, 3-c.

 

Section 4.  Severability

 

If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

 

Section 5.  Effective Date

 

This local law shall take effect immediately upon filing with the Secretary of State.

 

DRAFT ONLY TB MEETING OCTOBER 10, 2024

 

Motion made by Councilperson Cornwell to adopt Local Law 2024-1 Tax Levy Override 2^nd by Councilperson Johnson.  All in favor 5- yes 0-neh motion carried.

Roll Call Vote is taken:  Supervisor Garretson-yes, Councilperson Johnson-yes, Councilperson VanDerwerker-yes, Councilperson Cornwell-yes and Councilperson Waterfield-yes.  5-yes   0- Neh.  Local Law 2024-1 Tax Levy Override is passed.

 

Resolution 2024-5 Support of America250 is introduced by Supervisor Garretson from Otsego County Historian.  Motion made by Councilperson VanDerwerker to approve Resolution 2024-5 Support of America250 as presented, 2^nd by Councilperson Johnson. All in favor 5-yes 0-neh.  Roll Call Vote is taken:  Supervisor Garretson-yes, Councilperson Johnson-yes, Councilperson VanDerwerker-yes, Councilperson Cornwell-yes and Councilperson Waterfield-yes.  5-yes   0- Neh. Resolution 2024-5 Support of America250 is duly carried.

 

Public Questions, Comments and concerns…………..2 minute limit per request

 

Tax Levy Override is explained to public present.

 

Motion made by Councilperson Cornwell to adjourn the meeting 2^nd by Councilperson Waterfield.

 

There being no further business meeting adjourned at 7:28PM.

 

Next Town Board meeting will be Thursday, November 14, 2024 7:00PM

 

Respectfully submitted,

Mary Beth Flint, Town Clerk

Town Board meeting was recorded

 

 

 

                                                                                                                       

 

 

 

 

 

TB MEETING SEPTEMBER 12, 2024

 

TB MEETING SEPTEMBER 12, 2024

 

The regular meeting of the Town Board of Cherry Valley was held on Thursday September 12, 2024 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

Jim Johnson-Councilperson P

Ed VanDerwerker-Councilperson p  

Mark Cornwell-Councilperson P

Holly Waterfield-p

Highway Superintendent Marty Field-P

Mary Beth Flint-P

 

Reading of last month’s minutes will be dispensed of and minutes accepted as presented and or corrected.   

 

Presentation of invoices and payments:

HEALTH CENTER FUND

73 Public Goods Pool $388.00pd

74 Ricoh USA Inc $72.86pd

75 US Postal Service $375.50pd

76 Spectrotel $349.76pd

77 Quill Corporation $262.55pd

78 Leona Johnson $90.00pd

79 Quill Corporation $358.33pd

80 Ricoh USA Inc $24.60pd

81 National Grid $571.75pd

82 Quill Corporation $197.99pd

 

GENERAL FUND

174 Elan Financial Services $21.59pd

175 Susquehanna SPCA $300.00pd

176 Millers Cleaning Service $842.00pd

177 Hometown Hauling $43.25pd

178 The Daily Star $90.96pd

179 Spectrotel $382.06pd

180 Cintas Corporation #121 $449.91pd

181 Us Postal Service $84.00pd

182 NYS Association of Towns $900.00pd

183 Charter Communications $474.99pd

184 Charter Communications $84.95pd

185 State Comptroller $2,854.00pd

186 Excellus BC/BS $329.09pd

187 National Grid $639.98pd

188 United Healthcare $17.65pd

189 Hummels Office Plus $436.96pd

190 April Armini $218.11pd

 

Highway Vouchers:

Item 1 (318-326)

Item 3 (780-786)

Item 4 (218)

 

Councilperson Johnson made a motion to accept the invoices and payments as presented, Councilperson VanDerwerker seconded the motion.  The invoices and payments have been presented and accepted.   All in favor 5 yes 0 no

 

Presentation of Invoices and Payments:

•         Budget reviewed as well as NBT Account balances

 

Misc. information to the Town Clerk:

•         Otsego County Sales Tax for the month of AUG $10,657.75

•         Supervisor Garretson handed out copies of the Health Center History for information only

 

Community Center Alden Field and Park:

• Kite Fest September 27 & 28
• Several rentals for September 

 

Village:

•         Town and Village Board Minutes and info- www.cherryvalleyny.us

 

Highway Department:

• Paving is done
• Prepping Salt Springville Road for paving for next year
• Mowing tractor is back and there has been much mowing happening

 

Supervisor Garretson distributed the tentative 2025 Budget to the Board members for their review.  Tax levy is going up due to the Health Center is not bringing in as much revenue as it used to.

 

Town Planning:

Resolution 2024-4 Interpretation of Certain Provisions of Town Solar Law is presented and read by Councilperson Cornwell before the Resolution is read Attorney Matt Liponis, attorney for Carson Power LLC, made a statement that this is interpreted as a Local Law and not a Resolution.  Supervisor Garretson corrected Mr. Liponis that this is a Town Board making a resolution to the current Local Solar Law. 

•  Councilperson Cornwell stated this is not a Public Hearing this is a regular Town Board Meeting.  Mr. Liponis would like to go on record making their objections known that this is a Local Law and procedurally defective and it this moves forward Article 78 will be pursued.  Supervisor Garretson reiterated this is a Resolution and not a Local Law.

 

RESOLUTION 2024-4 Interpretation of Certain Provisions of Town Solar Law will be on file with the Town Clerk for public view.

Motion made by Councilperson Cornwell to adopt Resolution 2024-4 Interpretation of Certain Provisions of Town Solar Law and 2^nd by Councilperson Waterfield

Roll Call Vote is taken:  Supervisor Garretson-in favor, Councilperson Johnson-in favor, Councilperson VanDerwerker-in favor, Councilperson Cornwell-in favor and Councilperson Waterfield-in favor.  5 in favor   0 Neh.  Resolution 2024-4 is duly carried.

 

Public Questions, Comments and concerns…………..2 minute limit per request

Owen Hooper, Carson Solar LLC stated they submitted a letter explain their position in what they see the impact of the Resolution will be.  Bottom line following all the rules of the Resolution you cannot build a Solar Plant in the Town of Cherry Valley.  Following the rules of the resolution the maximum acreage of panels is 6.3 acres; this is 4 acres under a viable Community Solar Project.  We see this as a zoning band on a Solar project.

 

Kayleigh Furth, Carson Solar LLC stated the issue isn’t with the Planning Board the issue is with the interpretation of the Resolution.  The frustration is with all the planning since March with the Planning Board making sure Carson Solar LLC is in compliant with the Law.  Many months of time and money for everyone involved.  It’s a bit frustrating to get a question of interpretation so late and that also the feedback we have given did not seem to be incorporated or really considered in the Resolution just passed.  It’s just disappointing to see such opposition to a well sited project. We did not get a resolution on the disturbed AG land?  Councilperson Waterfield stated this information is not ready yet.

 

Matt Liponis, attorney for Carson Solar LLC, presented a map of the unicorn parcel that does not exist in the Town of Cherry Valley for a solar project.

 

Councilperson Waterfield stated we provided our interpretation of the law as it is written.  We are not judging this project in particular.  We were asked to provide clarification and interpretation of the law as it is written.  We did not feel we were making substantial changes to the law that is not the intent of the purpose.  It is not a reflection on your project.  We are clarifying the law.  If the law needs to be modified in the future that will be a different discussion than the one we are having right now.

 

Matt Liponis attorney for Carson Solar LLC would like to state this is against the Comprehensive Plan of the Town.

Jeff Hollister, Town resident of County Hwy 34A.  Swartys Campground has purchased 18 acres of land across the street from the Campground and are planning to put in 100 dry campers.  There has been no DEC, Mr. Hollister has never been notified of these plans.  He is wondering if this is going to happen?  Cierra Utter, Joint Planning Board chairperson stated nothing has come before the Planning Board regarding this issue.

 

Cierra Utter inquired if there is an update on a Code Enforcement Officer?  There is no update.

 

Frank McGrath stated without a code enforcement officer our Laws are not enforceable.

 

Andy Minnig inquired how are the Town Laws enforced now because our Local Laws references  enforcement officer.  Supervisor Garretson stated typically enforcement falls back to the Town Board.

 

Dave Bliss, County Representative stated County Code enforces building laws.  Zoning enforcement falls back to the Town Board.  These are two completely different positions.

 

Phil Durkin updated East Hill illegal fireworks issues. Currently the fireworks have been moved away from his residence.

 

Motion made by Councilperson Cornwell to adjourn the meeting 2^nd by Councilperson VanDerwerker.

 

There being no further business meeting adjourned at 7:44PM.

 

Next Town Board meeting will be Thursday, October 10, 2024 7:00PM

 

Respectfully submitted,

Mary Beth Flint, Town Clerk

Town Board meeting was recorded