DRAFT TB meeting October 09, 2014

PUBLIC HEARING OPENED AT 7:00PM FOR LOCAL LAW 2014-1 TAX LEVY LIMIT OVERRIDE

No public comment by the public present.

Motion made by Councilperson Barown to close the public hearing and seconded by Councilperson Cornwell. All in favor 4 yes 0 no.

Public hearing closed at 7:07PM

DRAFT TB meeting October 09, 2014

The regular meeting of the Town Board of Cherry Valley was held on Thursday, October 09, 2014 with meeting called to order at 7:07PM 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
Chris Barown-Councilperson P
Ed VanDerwerker-Excused
Mary Beth Flint-Town Clerk P
Jared Johnson-DCO-P
Town Attorney Green-P

Reading of last months minutes will be dispensed of and minutes accepted as presented.
Any corrections can be made to the Town Clerk.

Presentation of invoices and payments:
265 Verizon Wireless $162.90pd
266 Cherry Valley Hardware $23.79pd
267 Tri-County Communications Inc $179.10pd
268 State Comptroller $769.00pd
269 RBS Inc $250.00pd
270 CDPHP Universal Benefits $824.95pd
271 Cornerstone Telephone Company $409.24pd
272 Cintas Corp #121 $327.08pd
273 Medical Arts Press $361.39pd
274 Ricoh USA $87.00pd
275 Optimizer Systems Inc $250.00pd
276 Susan Schaffer $75.00pd
277 National Grid $875.22pd
278 Time Warner Cable Business $74.95pd
279 Casella Waste Services $45.95pd
280 Excellus BC/BS $140.20pd
281 Otsego Electric Cooperative Inc $49.99pd
282 NYS Association of Towns $800.00pd
283 Bassett Healthcare $32,821.98pd
284 William T. Ryan Associates $836.84pd
285 NYS Unemployment Insurance $443.69pd
286 Time Warner Cable Business $79.95pd

Highway Vouchers:
Item 1 (39-43)
Item 3 (137-150)

Councilperson Cornwell made a motion to accept the invoices and payments as read Councilperson Johnson seconded the motion. The invoices and payments have been presented and accepted. All in favor 4 yes 0 no. Motion carried.

Presentation of Invoices and Payments:
• Budget reviewed as well as NBT Account balances.

Misc. information to the Town Clerk:
• Sales tax for the month of August $ 6,825.46

Community Center/Alden Fields and Park:
• American Legion Run/walk on November 8

Village:
• Town and Village board minutes online @ cherryvalleyny.us
• Mayor Flint is in attendance and states there is nothing pressing at this time

Federal/State/Count:
• County Rep Beth Rosenthal gave an update of County Board Business

Local Law 2014-1 of the year 2014 Town of Cherry Valley, Count of Otsego
Tax Levy Limit Override

A local law to override the tax levy limit established in General Municipal Law 3-c
Section 1. Legislative Intent
It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Cherry Valley, County of Otsego pursuant to General Municipal law 3-c, and to allow the Town of Cherry Valley, County of Otsego to adopt a town budget for (a) town purposes (b) fire protection districts and (c) any other special or improvement district governed by the town board for the fiscal year 2015 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law 3-c

Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law 3-c, which expressly authorizes the town board to override the tax levy limit by the adoption of a local law approved by vote of sixty percent (60%) of the town board.

Section 3. Tax Levy Limit Override
The Town Board of the Town of Cherry Valley, County of Otsego is hereby authorized to adopt a budget for the fiscal year 2015 that requires a real property tax levy in excess of the limit specified in General Municipal Law 3-c.

Section 4. Severability
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional such order or judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, firm or corporation, or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 5. Effective date
This local law shall take effect immediately upon filing with the Secretary of State.

Local Law 2014-1 Tax Levy Limit Override is reviewed by the Town Board
Motion to accept Local Law 2014-1 Tax Levy Limit Override is made by Councilperson Barown seconded by Councilperson Cornwell All in favor 4-yes 0-no Local Law 2014-1 Tax Levy Limit Override is enacted.

Preliminary Budget is being proposed to the Town Board. Extra copies are available in the Town Clerk’s office.

Resolution 2014-8 Audit of Town Justice Court Records and Dockets. Motion to adopt Resolution 2014-8 is made by Councilperson Cornwell seconded by Councilperson Barown. Roll call vote is taken Supervisor Garretson-yes, Councilperson Johnson-yes, Councilperson Barown-yes, Councilperson Cornwell-yes 4 yes 0 no Resolution 2014-8 is duly carried.

Resolution 2014-9 NYS snow and Ice Contract Extension 2014/2015
Proposed Action: Snow and Ice Contract Extension 2014-2015-between NYSDOT and the Town of Cherry Valley

Whereas, the NYSDOT 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 2014, and

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

Now, therefore be it resolved: The aforementioned agreement between the NYSDOT and the Town of Cherry Valley is hereby extended for a period of one year; now to expire on June 30th 2015, and

Further be it resolved: The estimated expenditure of the agreement shall be $5,105.39 per lane mile of 12.6 lane miles for a total of $64,327.87 for the 2012/2013 season and for the remainder of the term of the agreement, unless changed by a future update.

Motion to adopt Resolution 2014-9 is made by Councilperson Johnson and seconded by Councilperson Barown. Roll call vote is taken: Supervisor Garretson-yes, Councilperson Johnson-yes, Councilperson Barown-yes and Councilperson Cornwell-yes 4 yes 0 no Duly carried.

Keith Schue a local resident who works with Otsego 2000 presented information to the Town Board on the Dominion Pipeline Project and how their project implicates Otsego County.

Question and comments by the public present:

Tammy Saba came to discuss the potential dog problem in the Village and is concerned with the public safety issue at large.

Motion to adjourn-Councilperson Barown Seconded by Councilperson Johnson. There being no further business meeting adjourned at 8:07pm.

Respectfully submitted,
Mary Beth Flint, Town Clerk
Town Board minutes were recorded.