Neighbor Seeks Resolution Under Gilboa's Right to Farm Law

GILBOA – Gilboa Town Board members passed a resolution to urge Schoharie County to reopen the closed section of Flat Creek Road, during their regular meeting on Monday. The town will also pursue establishing a committee to help resolve a dispute between a local farming operation and a neighbor who claims his property values are being destroyed by the operation.

The resolution to reopen Flat Creek Road follows a special meeting last month to weigh all the options. Supervisor Terry said town and county highway officials, along with herself and engineers from GSL, a geological survey company that also contracts work and installs soil spikes, toured the section of Flat Creek Road that needs repair.

The resolution points to the impact the road's closure has on the New York Power Authority, the county's largest taxpayer, emergency services, Gilboa-Conesville Central School with on street parking, as well as businesses and homes that generate property tax, sales and occupancy tax for Schoharie County. The town board is urging short-term repairs to get the road reopened as soon as possible and urges development of a long-term solution and development of a project funding plan by the county. 

A proposal from GSL was expected by April 17. Soil spikes are a way of stabilizing embankments.

Resident Karl Mason spoke during privilege of the floor. For the second month he lodged a complaint against a neighboring farming operation. Mediation was offered last month through the New York State Agricultural Mediation Program, but was declined by the farm owner. At Monday's meeting Mason asked the town board to establish a three-member committee to help resolve the dispute as outlined in the town's Right to Farm Law. He said he and his wife have listed their property for sale and while it received 750 online hits, there have been no inquiries. He alleges that is due to the nearby farming operation. He promised to make his appeal in writing to the town board under the local law which provides for resolution of disputes.

The law reads: Should any controversy arise regarding any inconveniences or discomfort occasioned by agricultural operations which cannot be settled by direct negotiation between the parties involved, either party may submit the controversy to a dispute resolution committee in an attempt to resolve the matter prior to the filing of any court action and prior to a request for a determination by the Commission or Agriculture and Markets.  

The committee shall be composed of three (3) members from the town selected by the town board, as the need arises, including one representative from the farm community, one person from town government and one person mutually agreed upon by both parties involved in the dispute. The effectiveness of the committee as a forum for the resolution of disputes is dependent upon full discussion and complete presentation of all pertinent facts concerning the dispute in order to eliminate any misunderstandings. The parties are encouraged to cooperate in the exchange of pertinent information concerning the controversy and shall be presented to the committee by written request of one of the parties within the time limits specified. 

Thereafter, the committee may investigate the facts of the controversy but must, within twenty-five (25) days, hold a meeting at a mutually agreed place and time to consider the merits of the matter and within five (5) days of the meeting render a written decision to the parties. At the time of the meeting, both parties shall have an opportunity to present what each considers to be pertinent facts. No party bringing a complaint to the committee for settlement or resolution may be represented by counsel unless the opposing party is also represented by counsel. The time limits provided in this subsection for action by the committee may be extended upon the written stipulation of all parties in the dispute. Any reasonable costs associated with the function of the committee process shall be borne by the participants.    

The town highway crews have completed sweeping of town roadways. They have been stripping trucks, painting plow frames and preparing to haul stone. Superintendent John Wyckoff said they have been doing work on Kniskern Road and preparing to pave that roadway. However, like all towns, Gilboa is waiting for the passage of the state budget to determine how much money will be received this year for Comprehensive Highway Improvement Program (CHIP) projects. He said he may have to amend the list of roads submitted under the 284 agreement. He is hoping to have that information by the next meeting. 

In her report, Supervisor Terry said Falina Marshall has agreed to serve as the Summer Youth Camp coordinator.

She also reported work has been halted on the salt/sand shed for a second time regarding the metal roofing and is awaiting word from the town's consulting engineer.

She said the Catskill Watershed Corporation (CWC) has released its Community Vitality Study and has learned that New York City commissioned its own study, but is hesitant to release it. The CWC has FOILED the city to release the report.

The town board is also continuing to review the list of Revolutionary War veterans from the town. The town board approved purchase of a paver brick through the DAR for the upcoming 250th anniversary celebration. Two of the names on the list already have bricks, but there are several other candidates. They will continue to study the list, the bricks are $50 for a 4 x 5 inch and $100 for an 8 x 5 inch brick.

The town board approved May 16 as Tire Collection Day.

The next meeting of the Gilboa Town Board will be held on May 11.