TB Meeting November 10, 2011

Public Hearing November 10, 2011


Public Hearing for proposed Local Law 2011-4 Override Tax Levy Law was opened at 6:58PM.

Public comment:
Richard Mark opposes the current proposed Law. He feels the current budget cap is adequate. The economy is not getting better and this is not the time to increase the levy to exceed the 2% cap once this law is passed.

Town Attorney Green stated if the State determines the budget is over 2% then the Board will have a safety net for the Town.

No further comments from the public present.

Public hearing closed at 7:05PM.

Public Hearing for the 2012 Preliminary Budget is opened at 7:05PM.
Richard Mark stated the Community Center is losing money and costing the Town to operate. He does not wish to see the Center Closed, but merely pointing out the money situation.

Matt Utter asked what fund the Re-eval was paid from. Supervisor Garretson answered the General Fund.

No further comments from the public present.

Public hearing closed at 7:07PM

TB meeting November 10, 2011
The regular meeting of the Town Board of Cherry Valley was held on Thursday, November 10, 2011 with meeting called to order at 7:10PM 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
Tim Horvath Councilperson P
Chris Barown Councilperson P
Ed VanDerwerker Highway Superintendent P
Mary Beth Flint Town Clerk P

Minutes of the October 2011 meeting were read. Supervisor Garretson approved the minutes as corrected.

Bills for the month of November 2011 are presented:
383 M Wheelock Disposal $44.50pd
384 Postmaster $297.00pd
385 Time Warner Cable Business $69.95pd
386 Cherry Valley Fireman’s Auxiliary $100.00pd
387 RBS Inc. $250.00pd
388 Hummel’s Office Plus $76.65pd
389 DCH Enterprises $880.80pd
390 Verizon Wireless $109.09pd
391 Cherry Valley Hardware $30.73pd
392 Medical Arts Press $268.08pd
393 RL Parsons Inc $730.62pd
394 Cintas Corporation #121 $227.08pd
395 State Comptroller $3,020.50pd
396 Cornerstone Telephone Company $385.89pd
397 Ikon Financial Services $196.91pd
398 National Grid $1,000.48pd
399 US Postal Serviced $255.60pd
400 National Grid $530.04pd
401 United Healthcare $142.34pd
402 Spectra Environmental Group IN $732.83pd
403 Edward VanDewerker $141.26pd
404 Medical Arts Press $92.95pd
405 Time Warner Cable Business $74.95pd
406 Excellus BC/BS $140.20pd
407 Bassett Healthcare $29,366.18pd
408 Hughesnet $64.99pd
409 Postmaster $42.00pd
410 MVP Health Care Inc. $821.98pd
411 Public Goods Pool $597.00pd
412 M Wheelock Disposal $44.50pd
413 RBS Inc. $250.00pd
414 Time Warner Cable Business $69.95pd
415 Michael Fassett $396.00pd

Highway Vouchers:
Item 1 (40-49)
Item 3 (151-159)
Item 4 (17)

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

Information presented to the Town Clerk by Supervisor Garretson is as follows:
• Budget reviewed as well as NBT Account balances.
• Town share of monthly County sales tax collected for the month of Aug 2011 is $8,908.49
• NYS Department of Taxation and Finance transportation department $32,086.34 for Snow and Ice.
• Dog Control Officers monthly reports for the months of March-October 2011
• Received a Thank You note from the Fireman’s Auxiliary for the donation

Community Center/Alden Fields and Park:
• Nothing new to report.

Miscellaneous updates:
• County Equalization Rates for 2012 Tax Roll list presented to the Town Clerk. Cherry Valley is at 100%

Health Center:
• 2012 Adopted Budget $425,000 (2011 adopted budget $415,000)

Village:
• Town and Village board minutes online @ cherryvalleyny.us

Town Planning:
• Otsego Soil and Water monitoring water quality is being done at 50 county testing sites

Highway Department:
• FEMA-3341-EM Tropical Storm Irene-Designation and Assistance update. Highway Superintendent Ed VanDewerker stated the Town’s estimated cost for repairs is approximately $60,000.

Proposed Local Law 2011-4 Local Budget Override Law is presented to the Board. Motion to accept the proposed Local Law 2011-4 is made by Councilperson Barown and seconded by Councilperson Cornwell. Roll call vote is taken: Supervisor Garretson-yes, Councilperson Johnson-yes, Councilperson Barown-yes, Councilperson Cornwell-yes and Councilperson Horvath-yes.
5 yes 0 no Local Law 2011-4 is duly enacted.

Preliminary Budget is presented to the Board. Motion to accept the Budget as presented by Councilperson Johnson. Seconded by Councilperson Horvath. 2012 Town of Cherry Valley Budget passed.

Resolution 2011-9 County Snow and Ice Agreement for 2012 is presented to the Board. Motion to accept Resolution 2011-9 is made by Councilperson Barown. Seconded by Councilperson Johnson. Roll call vote is taken: Supervisor Garretson-yes, Councilperson Johnson-yes, Councilperson Barown-yes, Councilperson Cornwell-yes and Councilperson Horvath-yes. 5 yes 0 no. Duly carried.

Resolution 2011-10 American Tower Corporation is presented to the Board. A discussion ensued between the Board and the Town Attorney, Lynn Green, regarding the inactive Tower assessment being reduced and what happens if the Tower is sold. Attorney Green spoke with the Assessor about the inactive Tower. The assessment could be reduced. Attorney Green requires an authorization letter from the Board to sign a stipulation for the entry of the court order. American Tower Corporation will continue to pay taxes on the Tower. If the Tower is sold substantially above the assessment there will be a new appraisal.
Motion to accept Resolution 2011-10 made by Councilperson Horvath, seconded by Councilperson Barown. Roll call vote is taken: Supervisor Garretson-yes, Councilperson Johnson-yes, Councilperson Barown-yes, Councilperson Cornwell-yes and Councilperson Horvath-yes. 5 yes 0 no Duly carried.

The aforementioned Local Law, 2012 Budget and Resolutions are filed in the Town Clerk’s office for public viewing.

Question and comments from the public present:
Matt Utter inquired about Councilperson Horvath’s eligibility to still be active on the Town Board in regards to his current residency? The potential vacancy has been advertised for the Spring of 2011.

Kevin Flint inquired if the Town has any By-Laws to refer to regarding the issue of impending vacancies on the Board?

A discussion ensued among the public present. Attorney Green will have to research the issue.
A motion is made by Councilperson Johnson to go into Executive session. Seconded by Councilperson Cornwell.

Motion to leave Executive session and adjourn the meeting made by Councilperson Barown and seconded by Councilperson Cornwell.

There being no further business meeting adjourned at 8:36PM

Respectfully submitted,
Mary Beth Flint, Town Clerk