TB meeting March 8, 2012

March 8, 2012-PUBLIC HEARING for Local Law 2012-1 Local Road Use Law is opened at 7:00PM

Public comment:
Question by Dennis Laughlin on concentrated traffic, who defines or has it been defined what the normal wear and tare of thresholds is?  Supervisor Garretson deferred the answer to Lynn Green, Town Attorney.  Mr. Green stated the Delta Firm has made a survey of all the Town roads of the Town of Cherry Valley and is on file so if anything exceeds the normal that is in the Delta report this can be addressed.  There are two manuals from Delta one is a technical manual and the other is a program manual and these are on file in the Clerk’s office with all the specs and appropriate references as you read down through the law and the manuals very clearly exhaust and define each one of these terms and what the levels are.  Letter K on page 6 an applicant can appeal to the Town Board.  Attorney Green stated the Engineering Firm would be around to help the Town interpret the appeal.  The Town Board’s decision is final and then the next option is an Article 78.
Mr. Laughlin asked is there any process to maintain that study report?  Attorney Green stated that is the standard and anyone coming in to use the roads will need to apply for a permit and will have to do a GEEIS in order to determine what the impact would be.  Councilperson Cornwell added basically they would have to pay out of their own pocket for any additional studies that will basically characterize their use of the road after the normal condition.

Jack Palmenteri asked how the enforcement of this law would be done?  Attorney Green stated the first enforcement would be through the Highway Superintendent the second level would be through any codes enforcement officer that the Town may have.  There is training offered for such an individual.

Andy Minnig stated he would like to thank the Board for their pro efforts on behalf of the Town.

The Public Hearing is closed at 7:10

TB meeting March 8, 2012

The regular meeting of the Town Board of Cherry Valley was held on Thursday, March 8, 2012 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
Chris Barown                                      Councilperson                                    P         
Ed VanDerwerker                               Highway Superintendent                     P
Tracy Laughlin                                    Councilperson                                    P
Mary Beth Flint                                   Town Clerk                                       Excused
Kevin Flint                                          Deputy Town Clerk                           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:
90 Time Warner Cable Business                                      $69.95pd
91 RBS Inc                                                                     $250.00pd
92 Paraco Gas                                                                $641.48pd
93 Cherry Valley Fire District                                          $88,065.00pd
94 Cherry Valley Hardware                                             $80.66pd
95 DCH Enterprises                                                        $959.10pd
96 Verizon Wireless                                                         $101.45pd
97 RL Parsons                                                                 $3,090.46pd
98 Cintas Corporation #121                                              $254.97pd
99 Cornerstone Telephone Company                                 $388.89pd
100 Dorothy Johnson                                                        $29.94pd
101 Postmaster                                                                 $44.00pd
102 State Comptroller                                                        $1,805.00pd
103 Ikon Financial Services                                                $196.91pd
104 Amber Emerson Testing                                              $175.00pd
105 Bassett Healthcare                                                     $26,339.15pd
106 National Grid                                                              $1182.94pd
107 Time Warner Cable Business                                      $74.95pd
108 Tavis Austin                                                               $160.00pd
109 Town Tax Collector                                                    $98.98pd
110 Gates Cole Associates                                                $352.00pd
111 Excellus BC/BS                                                         $140.20pd
112 Thomas Garretson                                                      $9.00pd
113 Paraco Gas                                                                $814.51pd
114 MVP Health Care, Inc.                                              $821.98pd
115 M Wheelock Disposal                                                $44.50pd
116 Smile Makers                                                            $66.78pd
117 McBee Systems Inc                                                  $209.20pd
118 Public Goods Pool                                                     $526.00pd
119 Dorothy Johnson                                                       $19.98pd
120 Paraco Gas                                                               $130.44pd
121 Hughesnet                                                               $64.99pd
122 First Rehab Life                                                       $220.20pd
123 William T. Ryan Associates                                      $1,590.23pd

Highway Vouchers:
Item 1 (3)
Item 3 (32-43)
Item 4 (6-8)

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

Presentation of Invoices and Payments:
  • Budget reviewed as well as NBT Account balances.
Miscellaneous Information presented to the Town Clerk by Supervisor Garretson is as follows:
  • Town share of monthly County sales tax collected for the month of Dec 2011 is $5,708.02
  • NYS Taxation and Finance REASM’T AID $5,340.00
  • NYS Taxation and Finance JCAP GRANT 824 $25,215.00
  • Otsego County Treasurer Snow & Ice $11,131.45
  • Thank you card from the Roseboom Area Senior Citizens Club for the donation from the Town Board.
  • A letter from Dan Crowell, Otsego County Treasurer, stating the County underpaid and or overpaid Sales Tax for the month of November 2011 due to January sales tax checks were mailed out before the 2011 Advisory Rate was entered into the system.  The Town of Cherry Valley is reimbursed for the underpayment.  Nov 2011 $8,256.01, Adjustment $510.84, Dec 2011 $5,197.18, Check Amt: $5,708.02.
  • Annual dues to the Supervisor Association invites anyone interested in attending their monthly meetings are welcome.
Town Facilities:
  • Health Center, Ryan and Associates put spray foam in the wall that was cold.  Fire Code inspection passed no violations.  Office furniture for the new Court Room has been ordered.
Cherry Valley Facilities Corp.
  • Supervisor Garretson asked for an update from Jim Johnson, who is on the Board of the Facility Corp.  Jim had nothing new to report with the exception of the roof getting replaced recently.
  • Town and Village board minutes online @ cherryvalleyny.us
  • Kevin asked if all the Board members got a copy of the Lease for the Facility Corp.  Everyone stated they did.  Supervisor Garretson asked about the current two leases if everyone has a copy of the second Lease, which covers the Clerk’s office.
Planning Board:
  • Tavis was not able to make tonight’s meeting due to a prior engagement.
  • Walter Buist, chairman for the Planning Board, is in attendance tonight and stated he received a request from T-Mobile who wanted to put another antenna on the Tower on East Hill.  The Tower was approved for 5 antennas in the original site plan and adding the T-Mobile antenna would be 3 antennas’ currently on the Tower.
  • Walter received two letters of interest for the vacancy on the Planning Board.
Highway Department: 
  • Ed spoke with Kevin, Village Trustee, about getting the parking lot paved before June.
  • Still waiting for the FEMA checks.
Resolution 2012-2 Supervisor Garretson asked to have a motion to classify the Local Law number one as a type two action under SEQR needing no further review.  Councilperson Cornwell makes the motion and Councilperson Johnson seconded the motion.  All members of the Board present are in favor of the motion.  Motion carried.  Roll call vote is taken:  Councilperson Barown-yes, Councilperson Johnson-yes, Councilperson Cornwell-yes, Councilperson Laughlin-yes and Supervisor Garretson-yes. 5 yes 0 no  Resolution 2012-2 is duly carried.

Motion to enact Local Law 1 Local Road Use and Preservation Law, Councilperson Barown makes the motion Councilperson Laughlin seconds the motion.  All Board members present are in favor of the motion.  Roll call vote is taken:  Councilperson Barown-yes, Councilperson Johnson-yes, Councilperson Cornwell-yes, Councilperson Laughlin-yes and Supervisor Garretson-yes. 5 yes 0 no  Local Law 2012-1 is enacted.
Kassie, Assessor is in the process of finishing up filing exemptions.  Grievance day is the fourth Tuesday in May.  Kassie’s office hours are Tuesday’s 2-4

Question and comments from the public present:
Andy Minnig inquired if the Local Law #1 will be online shortly.

Motion to adjourn-Councilperson Barown Seconded by Councilperson Cornwell.

There being no further business meeting adjourned at 7:50PM

Respectfully submitted,
Kevin Flint, Deputy Town Clerk
Town Board minutes were recorded.