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 2nd 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 2nd 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
