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