Resolution # 2009-10

Resolution of the Cherry Valley Town Board



Proposed Action: Comments to NYSDEC on Gas Well Drilling Concerns

Please see the attached document for details



Resolution # 2009-10 December 10th 2009

Resolution # 2009-9

Resolution of the Cherry Valley Town Board

Proposed Action: State Financial Assistance for Reappraisal Project

Whereas, The State of New York will provide financial assistance to the Town for the implementation of a system of Real Property Tax Administration which conforms to the standards established pursuant to Subdivision 1 of #1570 of the Real Property Tax Law, and

Whereas, The Cherry Valley Town Board is in full support of a full reappraisal of the Town of Cherry Valley, and

Now therefore be it resolved, The Town of Cherry Valley hereby requests State assistance, specifically from the Office of Real Property Services of the State, to assist in a reappraisal project to achieve and maintain a uniform standard of assessment for the 2011 assessment roll in accordance with section 305 of the Real Property Tax law, and

Further be it resolved, The Supervisor is hereby authorized and directed to expend the necessary funds for the preparation of said plan and the establishment and maintenance of the Real Property Improvement Program and to make application to the State Board of Real Property Services for financial assistance therefore pursuant to #1573 of the New York State Real Property Tax Law.

Resolution # 2009-9 December 10th 2009

Resolution # 2009-8

Resolution of the Cherry Valley Town Board


PROPOSED ACTION: Installment Bond for the Town of Cherry Valley to purchase a 2010 Volvo Dump Truck. Said bond is in the amount of $192,196.35 payable to NBT Bank.



Please see the attached document for the details of the agreement:




Resolution # 2009-8 November 12th 2009

Resolution # 2009-7

Resolution of the Cherry Valley Town Board


PROPOSED ACTION: Agreement for the control of snow and ice on county roads commencing Jan 1st 2010 and ending December 31st 2010



Please see the attached document for the details of the agreement:




Resolution # 2009-7 November 12th 2009

Resolution # 2009-6

Resolution of the Cherry Valley Town Board


PROPOSED ACTION: Required annual examination and audit of town justice court records and dockets

WHEREAS: Section 2019-a of the Uniform Justice Court Act requires that town justices annually provide their court records and dockets to their respective town auditing boards, and that such records then be examined or audited and that fact be entered into the minutes of the board’s proceedings; and

WHEREAS: The town justice has presented the court records and dockets to the town board for examination and audit; and

WHEREAS: Record of this examination, audit and resolution will be forwarded to Dennis W. Donnelly, Director of Internal Audit, NYS Office of Court Administration, 98 Niver Street, Cohoes, NY 12047 ; and

NOW, THEREFORE, BE IT RESOLVED: The town board conducted the required examination and audit of the court records and dockets of the town justice on January 8th 2009


Resolution # 2009-6 September10th 2009

Resolution # 2009-5

Resolution of the Cherry Valley Town Board


Proposed Action: Amendment to change the Snow and Ice Agreement signed on November 8th 2007

Whereas, due to the severity of the winter and the high cost of fuel during the 2008 / 2009 season, this municipality request that the Municipal Snow and Ice Agreement estimated expenditure be revised to reflect the additional lane miles of state roads that were plowed and or treated during the afore mentioned season, and the additional costs associated with the higher fuel prices, and

Whereas, all terms and conditions of the original contract extension remain in effect except the original estimated expenditure of $47,690.38 will have an additional adjustment of $16,716.85 for a revised estimated expenditure of $64,407.23, and

Now, therefore be it resolved, this board authorizes Thomas Garretson - Supervisor to enter into amendment B which will adjust the 2008 / 2009 snow and ice contract for a revised payment factor with the New York State Department of Transportation

Resolution # 2009-5 July 9th 2009

Resolution # 2009-4

Resolution of the Cherry Valley Town Board

Proposed Action: Snow and Ice Contract Extension 2009/2010 - between NYS DOT and the Town of Cherry Valley

Whereas, the NYS DOT and the Town of Cherry Valley have entered into agreement # D010680 entitled “ Indexed Lump Sum Snow and Ice Agreement between the New York State Department of Transportation and the Town of Cherry Valley dated January 14th 1997, and

Whereas, the present term of the agreement as previously extended, expires June 30th 2009, and

Whereas, the said agreement provides for an annual update of the estimated expenditure to be determined by NYS DOT, and

Now, therefore be it resolved: The aforementioned agreement between the NYS DOT and the Town of Cherry Valley is hereby extended for a period of one year; now to expire on June 30th 2010, and

Further be it resolved: The estimated expenditure of the agreement shall be $3957.74 per lane mile for 12.6 lane miles for a total of $49,867.52 for the 2007/2008 season and for the reminder of the term of the agreement, unless changed by a future update.

Resolution # 2009-4 April 9th 2009

Resolution # 2009-3

Resolution of the Cherry Valley Town Board

Proposed Action: Designation of a qualified person to stand in for the Town Assessor on Grievance Day

Whereas, the town assessor is required to be present with the board of assessment review on grievance day, the fourth Tuesday in May 2009, and

Whereas, the town assessor is expecting to give birth to her first child on or about the fourth Tuesday in May 2009, and

Whereas, the town assessor has the right to appoint a qualified person to a supervisory role to stand in and answer any questions that the board of review may have, and

Whereas, the town assessor has asked to have George Cade appointed to a supervisory role to the board of assessment review, in the event that the town assessor is giving birth on the fourth Tuesday in May 2009, and

Whereas, George Cade is an assessor and has the qualifications to fill this role, and

Now, therefore be it resolved, the Cherry Valley Town Board appoints George Cade to stand in for the town assessor as needed on the forth Tuesday in May 2009.

Resolution # 2009-3 March 19th 2009

Resolution # 2009-2

Resolution of the Cherry Valley Town Board


Proposed Action: Amendment to change the Snow and Ice Agreement signed on November 8th 2007


Whereas, due to the severity of the winter and the high cost of fuel during the 2007/ 2008 season, this municipality request that the Municipal Snow and Ice Agreement estimated expenditure be revised to reflect the additional lane miles of state roads that were plowed and or treated during the afore mentioned season, and the additional costs associated with the higher fuel prices, and

Whereas, all terms and conditions of the original contract extension remain in effect except the original estimated expenditure of $ 34,990.54 will have an additional adjustment of $ 21,447.68 for a revised estimated expenditure of $ 56,438.21, and

Now, therefore be it resolved, this board authorizes Thomas Garretson - Supervisor to enter into amendment B which will adjust the 2007 / 2008 snow and ice contract for a revised payment factor with the New York State Department of Transportation


Resolution # 2009-2 January 8th 2009

Resolution # 2009-1

Resolution of the Cherry Valley Town Board


Proposed Action: Annual Organizational Meeting of the Town of Cherry Valley

Whereas, by state law an annual organizational meeting should be held as soon as possible after the new year begins, or as part of the first regularly scheduled monthly board meeting of the new year, and

Whereas, by state law the annual organizational meeting information is required to be presented and available to the public, and

Now, therefore be it resolved, The Annual Organizational Meeting of the Town of Cherry Valley has been conducted, and the information will be available to the public upon request of the town clerk.


Resolution # 2009-1 January 8th 2009

TB Mtg November 12, 2009

Public Hearing for the 2010 Preliminary Budget is opened @ 7:01PM. There being no public input by the public present a motion was made by Councilperson Cornwell to close the Public Hearing motion seconded by Councilperson Johnson Public Hearing was closed @ 7:05PM.

TB Meeting November 12, 2009

The regular meeting of the Town Board of Cherry Valley was held on Thursday, November 12, 2009 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
Ed VanDerWerker Highway Superintendent P
Mary Beth Flint Town Clerk P

Minutes of the October 2009 meeting were read. Supervisor Garretson approved the minutes as corrected.

Bills for the month of November 2009 are presented:
410 Time Warner Cable Business $69.95pd
411 Verizon Wireless $96.22pd
412 RBS Inc $250.00pd
413 Cherry Valley Hardware $70.97pd
414 Cordia Communications $106.74pd
415 Donald R. Magill $11.00pd
416 Logical Net $17.95pd
417 Cintas Corporation #121 $252.00pd
418 US Postal Service $1,247.60pd
419 Postmaster $152.40pd
420 Ikon Office Supply $69.04pd
421 Transcription Associates $955.80pd
422 Public Goods Pool $473.00pd
423 Casella Waste Services $69.58pd
424 Ikon Financial Services $196.91pd
425 Edward VanDerWerker $60.32pd
426 Jaird Johnson $56.00pd
427 Thompson Electric and Plumbing $1,708.00pd
428 National Grid $884.23pd
429 William T. Ryan Associates $5,066.23pd
430 Verizon $200.26pd
431 NYS Unemployment Insurance $220.81pd
432 RBS Inc $150.00pd
433 US Postal Service $506.60pd
434 Quill Corporation $434.88pd
435 Medical Arts Press $293.83pd
436 Postmaster $40.00pd
437 MVP Health Care, Inc $3,750.76pd
438 Time Warner Cable Business $74.95pd
439 Excellus BC/BS $222.47pd
440 Bassett Healthcare $30,881.71pd
441 Hughesnet $86.59pd
442 Quill Corporation $32.24pd
443 Paraco Gas $12.19pd
444 Susquehanna SPCA $77.00pd

Highway Vouchers:
Item 1 (36-39)
Item 3 (123-142)
Item 4 (16)

Councilperson Johnson made a motion to accept the invoices and payments as read Councilperson Cornwell seconded the motion. The invoices and payments have been presented and accepted. All in favor 3 yes 0 no. Motion carried.

Information presented to the Town Clerk by Supervisor Garretson is as follows:
Town share of monthly County sales tax collected for the month of August 2009 is $6577.
Updates:
Community Center/Alden Field and Park:
Revenue for Oct was $1350 and Expenses were $1062.
Need to meet with the Community Center Board to discuss new meeting room schedule and fee.
The Community Center Director will handle 2010 youth commission meeting in the spring.

Miscellaneous Information:
Insurance waiver form presented for the Town Clerk files. This form is an opt-out option for Town Employees providing they have documentation of other coverage.
There is a teleconference being offered for newly elected officials in December.
Michelle Wickwire newly elected Town Justice will be attending certification course before she takes the bench.

Health Center:
Revenue for Oct $34,814 and Expenses for Oct was $39,329
Copy of signed HIPPA agreement of former health center board member on file with the Town Clerk. The discrepancies found in the Audit had to do with the Medicaid report.

Town Facilities:
Carpet has been installed in the new town boardroom and the room is completed.

Village:
Town and Village board minutes online @www.cherryvalleyny.us
American Legion/Run Walk was on Veteran’s Day Weekend November 7, 2009 and it was a big success.

Visitor’s Center:
This is a slow process. Councilperson Cornwell will look into more grant money for solar panels.
Additional surveying information is needed for Foit-Albert.

Community Facilities Corp:
A joint meeting is planned with Sam, Jeff and Tom to review the expense and revenue reports.

Highway Department:
Town Barn dumpster has been changed from Vet’s/Casella to Wheelock Disposal.
New 2010 Volvo Truck and plow is here.

Planning Board
Road Preservation Law is still in progress
No Business before the board at this time. Walter Buist attended a FEMA meeting and presented handouts for the Flood Plains in the Town of Cherry Valley. Final maps will be available in January.
Sealed bids for town wide assessment re-eval project need to be received by the end of November 2009.

Federal/State/County:
Centerline and fog lines have been completed on County route 32.
County Rep Sam Dubben stated the gap in the County budget is due to the low sales tax revenue.

Land Use Committee:
Land Use regulation document will need to go to the Town Attorney for review and then put in public areas for all to view.

Alternative/Renewable Energy Committee:
NYS wind law setbacks document to be competed by year-end.

Resolution 2009-7: Snow and Ice Control on County Roads for 2010- PROPOSED ACTION: Agreement for the control of now and ice on county roads commencing Jan 1st 2010 and ending December 31st 2010- See attached document for the details of the agreement filed in the Town Clerk Office. Motion made by Councilperson Cornwell to approve Resolution 2009-7 seconded by Councilperson Johnson. Roll call vote is taken: Supervisor Garretson-yes Councilperson Cornwell-yes Councilperson Johnson-yes. 3 yes 0 no Motion is duly carried.

Resolution 2009-8: Installment Bond for the 2010 Volvo Truck and Plow. Motion to approve Resolution 2009-8 by Councilperson Johnson seconded by Councilperson Cornwell. Roll call vote is taken: Supervisor Garretson-yes Councilperson Cornwell-yes Councilperson Johnson-yes 3-yes 0-no motion is duly carried.

Adoption of the 2010 Preliminary Budget: Motion made by Councilperson Cornwell to adopt the 2010 Preliminary Budget for the Town of Cherry Valley seconded by Councilperson Johnson Roll call vote is taken: Supervisor Garretson-yes Councilperson Cornwell-yes Councilperson Johnson-yes 3-yes 0-no The 2010 budget for the Town of Cherry Valley is adopted as presented.

Question and comments from the public present:
Mr. Minnig inquired about the deficiencies of the GEIS? Mr. Minnig also inquired about the draft of the road regulation will this include noise regulations as well in the same law? What is the time frame for the selection for the individuals for the proposed re-eval for next year? Will the fees for the Health Center be increased to cover the $15,000 deficit?

Councilperson Johnson asked about the Town parking lot on Genesee Street being used as a storage spot for vehicles etc.?

There being no further business before the board a motion is made by Councilperson Cornwell to adjourn the meeting, seconded by Councilperson Johnson meeting adjourned at 8:26PM.

Respectfully submitted,

Mary Beth Flint, Town Clerk