TB meeting December 08, 2011

TB meeting December 08, 2011

The regular meeting of the Town Board of Cherry Valley was held on Thursday, December 08, 2011 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
Mark Cornwell Councilperson P
Jim Johnson Councilperson P
Tim Horvath Councilperson Resigned
Chris Barown Councilperson P
Ed VanDerwerker Highway Superintendent P
Mary Beth Flint Town Clerk P

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

Bills for the month of December 2011 are presented:
416 NBT Bank $6,695.00pd
417 Otsego County Assessors Association $45.00pd
418 NYS Association of Towns $800.00pd
419 Verizon Wireless $99.74pd
420 Cherry Valley Hardware $28.25pd
421 Cornerstone Telephone Company $373.44pd
422 DCH Enterprises $1,051.05pd
423 Cintas Corporation #121 $236.08pd
424 Foit-Albert Associates, P.C. $1,823.84pd
425 Paraco Gas $39.58pd
426 Hummel’s Office Plus $240.90pd
427 NBT Bank $27,277.32pd
428 Gates Cole Associates $425.00pd
429 State Comptroller $4,325.00pd
430 Michelle Wickwire $492.37pd
431 Spectra Environmental Group In $97.81pd
432 Ikon Financial Services $196.91pd
433 First Rehab Life $36.00pd
434 Time Warner Cable Business $74.95pd
435 National Grid $707.53pd
436 Excellus BC/BS $140.20pd
437 Public Goods Pool $548.00pd
438 MVP Health Care Inc $821.98pd
439 M Wheelock Disposal $44.50pd
440 Jaird Johnson $114.50pd
441 Medical Arts Press $411.96pd
442 Hughesnet $64.99pd
443 Bassett Healthcare $27,274.65pd
-Upon review Councilperson Johnson asked for clarification on the unallocated funds paid. This is for Gates Cole Insurance and First Rehab Life Disability Policy-Supervisor Garretson stated this is the Town’s new carrier for Disability Insurance.

-Councilperson Barown asked if we are done paying Foit-Albertson because there is another $1,800 submitted. Supervisor Garretson stated this was for a subcontractor who submitted their invoice late. Supervisor Garretson will be addressing this later in the meeting.

Highway Vouchers:
Item 1 (50-52)
Item 3 (160-171)
Item 4 (18-19)

Councilperson Johnson made a motion to accept the invoices and payments as read Councilperson Barown 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. Supervisor Garretson stated we are amazingly close to budget. Revenue’s up a little bit and expenses are up a little bit. Once the Town receives the salt and sand revenue the budget will be better off going into 2012. A CHIPS check as well as a snow and ice check from the State is expected in the amount of $56,000, which is a partial payment and then the Town will receive the remaining $40,000 at a later date as well as any other adjusted payments. There are usually 3 different installments from the State.
• Town share of monthly County sales tax collected for the month of Sept 2011 is $5,053.56
• Supervisor Garretson presented the Budget for the Health Center to be on file at the Clerk’s Office.
• Received a duplicate Thank You note from the Fireman’s Auxiliary for the donation.
• Supervisor Garretson received a letter from the State Department of Ag & Markets regarding dog licenses, which basically states The Department for Agriculture and Markets’ enforcement of provisions in Article 7 of the Agriculture and Markets Law (AML) relating to municipal shelters and Dog control officers has been under review in recent months. The Department is reviewing its focus on Article 7 requirements working with municipalities. Violations at municipal shelters or by dog control officers can result in monetary penalties as authorized in AML sections 39-40.
• Fire Department budget is presented. Councilperson Barown asked if we received a dollar amount from them. Supervisor Garretson stated we did and it has gone up a fraction of what it was last year to $88,000 and last year it was at approximately $87,000.
• Supervisor Garretson stated after last months Board meeting he called Councilperson Horvath; he did not wait for Attorney Green’s response, and asked him for his resignation. Councilperson Horvath was more than willing to give Supervisor Garretson the resignation letter considering it was brought up at the last Town Board meeting. Resignation letter is on file at the Town Clerk’s Office.
• A lady from the State Comptroller’s office contacted Supervisor Garretson to set up a time to meet with the following individuals Superintendent of Highway, Justices, Town Clerk and the Town Supervisor. She wants to conduct a risk assessment of the Town in regards to the Town’s buildings and make sure they are safe and that notices are posted where they need to be exit signs are functioning things of this nature.

Community Center/Alden Fields and Park:
• Winter Carnival is planned for the first weekend in March. Biddy Basketball has started.

Town Facilities:
• Supervisor Garretson contacted Jeff Stiles and they are going to do a walk through of the Town Buildings and even if we don’t get the $30,000 grant Supervisor Garretson wants to do something with the Town Court area of the Town Barn to make it more presentable for the Justices. This will occur after the first of the year.

• Town and Village board minutes online @ cherryvalleyny.us

Highway Department:
• Councilperson Barown asked the FEMA inspection was done yet. Highway Superintendent VanDerwerker stated the FEMA inspection has been completed. The FEMA representatives came around and checked out the sites of the work that has been done and what needs to be done yet. There is no time frame as to when the Town will be receiving FEMA dollars. Highway Superintendent VanDerwerker stated the damage was so wide spread there is only four FEMA inspectors for the whole area thus why the delay. Councilperson Barown asked if the budget for 2012 was under the assumption we are not getting any money? Supervisor Garretson stated no the budget for 2012 is under the assumption we will be getting FEMA money.

Going into next year Supervisor Garretson would like the following:
-Councilperson Cornwell to work close with Tavis Austin, Planner, providing he is still willing to work with us and be our eyes and ears in regards to planning.
-Councilperson Barown to look at the Town’s website and make it more user friendly.
-Councilperson Johnson to sit with Supervisor Garretson and rethink the Visitor Center project going forward.

The annual organizational meeting is scheduled for next month. Councilperson Barown stated he will not be here next month due to personal obligations.

Re-elected positions will be sworn in at the January Town Board meeting.

Attorney Green presented the Draft Road Protection Program-Program Manual by Delta Engineers subject to a couple of changes. Attorney Green was going to ask to schedule a public hearing tonight for the next meeting but since Delta is going to make changes to the draft we can not schedule the Public Hearing yet. Attorney Green presented what has been worked up by Delta and the draft not only has the proposal of the Law it has a stop order language to it. In light of this a Public Hearing can not be scheduled until the Town receives the Technical Manual. Delta is incorporating a reference to the Technical Manual and Attorney Green has been asking for over a month and half to get the Technical Manual from Delta; however Delta is stating there are copyright issues. Attorney Green stated there is also FOIL issues in regards to the copyright issues stated by Delta. Attorney Green stated if anyone wishing to come into the Town to do work and they ask for a copy of the Technical Manual the Town Clerk has to issue it at a cost of $.25 per copy. Councilperson Cornwell asked if Delta was trying to protect some kind of trade secret in the law he doesn’t understand. Attorney Green responded with Delta is worried that if the Town’s changed the manual then they, Delta, would be held liable for the rewording. Attorney Green stated this could be solved with a simple disclaimer from Delta right at the beginning of the Manual. Councilperson Cornwell stated that is why we paid them for their expertise why would we, the Board, change the wording.

Town Clerk Flint asked if Walter, Planning Board Chairman, will be putting the Planning Board application on the website as well for people to download when they need to submit their plans to the Planning Board. Councilperson Barown stated he gave my e mail to Walter and he plans on getting the application on the website. Town Clerk Flint stated the application should be on a Town letter head and should reflect the address where to submit the application as well as Planning Board representatives and fee schedule.

Question and comments from the public present:

Richard Page asked what is going to be done with Councilperson Horvath’s seat. Supervisor Garretson stated he does no know at this point and that the seat will have to be filled eventually. Mr. Page stated the seat should have been filled along time ago and what does eventually mean? Supervisor Garretson stated we are not going to fill the seat tonight. Mr. Page asked why not and is there intent to fill it. Supervisor Garretson stated yes we do intend to fill it.

Matt Utter stated this has gone on along time now for 6,8,9 months now and you have 3 names of people interested in the seat. Councilperson Johnson stated no it has only been a month. Mr. Utter stated the Board has known about this way back in the spring. Attorney Green stated the law says Elector and Councilperson Horvath was still registered to vote in the Town of Cherry Valley. Mr. Utter stated I cannot deny that. Mr. Page stated who cares we got to fill the seat. Attorney Green stated it has to be done on an orderly basis. Mr. Page stated the seat should have been on the Ballot and are we going to wait two more years? Attorney Green stated the seat will be on the Ballot next year for sure. Councilperson Barown stated even if we appointed someone tonight there is an election in November 2012 for sure. The appointment would only be until December of 2012. Mr. Page asked nothing? Supervisor Garretson stated not tonight no. Mr. Page: well when? Supervisor Garretson: when we decide who we want to appoint. We just got a resignation letter. Mr. Page: well you knew this was coming. Mr. Utter stated: otherwise you wouldn’t have advertised for it the advertisement wouldn’t have been on the board this is nothing new and I, you can dance around this all you want, but you guys have had plenty of time. The responsible thing---interrupted by Mr. Page stating “I have seen things happen awful fast when you need them to like heavy industry laws get passed through all of a sudden just like that a lot faster than this. This is a Board seat. Supervisor Garretson: I’m not the only one on the Board if someone wants to make a motion to appoint somebody. Councilperson Barown stated he is not prepared to appoint somebody. Supervisor Garretson stated he doesn’t feel he is either. Mr. Andy Minnig stated he would like to point out for many many decades we had a Town Board consisting of two members often one or both of them being absent and Supervisor sitting alone and the problem with Tim’s resignation was really addressed several years ago when the Board was expanded to four Councilman so that we would always have a sufficient number of Councilmen present regardless of what might happen. Supervisor Garretson stated he agrees with that. Mr. Page: You put the other two on we got by with less for the 40 years that I have been here now all of sudden you need two more. Supervisor Garretson asked do we need to fill that position or don’t we? Mr. Page stated I think we should. Supervisor Garretson: you said that we didn’t need to. Mr. Page: well then you need to fire somebody else.

Supervisor Garretson asked were there any other questions? Mr. Page asked what our tax rate is going to be. Mr. Utter do we know that yet dollar per thousand? Supervisor Garretson will have look into that question because the County sets the rate and those taxes are not in yet.

Motion to adjourn-Councilperson Barown Seconded by Councilperson Cornwell.

There being no further business meeting adjourned at 7:36PM

Respectfully submitted,

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