TB MEETING DECEMBER 14, 2023

 TB MEETING DECEMBER 14, 2023

 

The regular meeting of the Town Board of Cherry Valley was held on Thursday December 14, 2023 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

Jim Johnson-Councilperson P

Ed VanDerwerker-Councilperson P  

Mark Cornwell-Councilperson P

Holly Waterfield-P

Highway Superintendent Marty Field P

Mary Beth Flint-P

 

Reading of last month’s minutes will be dispensed of and minutes accepted as presented and revised and or corrected.    

 

Presentation of invoices and payments:

 

HEALTH CENTER FUND

104 Spectrotel $294.16pd

105 American Wholesalers $53.35pd

106 National Grid $154.32pd

107 Constellation Newenergy Inc $109.61pd

108 Ricoh USA Inc $72.86pd

109 Medicare Part A $74.86pd

110 Quill Corporation $516.97pd

111 Quill Corporation $18.59pd

112 Quill Corporation $42.18pd

 

GENERAL FUND

231 Elan Financial Services $102.60pd

232 Miller’s Cleaning Service $842.40pd

233 State Comptroller $1,791.00pd

234 Hummel’s Office Plus $46.31pd

235 Bruce Hall Corp $25.96pd

236 RL Parsons Inc $3,423.38pd

237 State Comptroller $2,697.00pd

238 Spectrotel $397.79pd

239 Charter Communications $84.95pd

240 Charter Communications $99.95pd

241 National Grid $295.10pd

242 Constellation Newenergy Inc $157.57pd

243 Cintas Corporation #121 $353.36pd

244 Hometown Hauling $43.25pd

245 Excellus BC/BS $312.68pd

246 United Healthcare $17.65pd

247 Amy Garretson $480.00pd

 

Highway Vouchers:

Item 1 (289-293)

Item 3 (689-699)

Item 4 (202-205)

 

Councilperson VanDerwerker made a motion to accept the invoices and payments as presented, Councilperson Waterfield seconded the motion.  The invoices and payments have been presented and accepted.   All in favor 5 yes 0 no

 

Presentation of Invoices and Payments:

• Budget reviewed as well as NBT Account balances

 

Misc. information to the Town Clerk:

• Otsego County Sales Tax for the month of OCT $8,457.21
• Otsego County Mortgage Tax $6,592.56

 

Community Center Alden Field and Park:

• Biddy basketball has begun
• Modified practices have also begun
• Red Cross Blood Drive is scheduled for December 21

 

Dog situation:

 

• Supervisor Garretson spoke with Elizabeth Holmes at NYS Ag and Markets and the Town is doing everything we possibly can.  Beginning in 2025 Rescue sites will be part of the States annual inspections.  Supervisor Garretson also spoke with Stacy Haynes and the Town Attorney and everything has been done that can be done at this point.
• Liz Keller has her own codes and is filing her taxes like she should be.  She is on record.

 

Village:

• Town and Village Board Minutes and info- www.cherryvalleyny.us

 

Town Planning:

• Supervisor Garretson spoke with Howard Young and he is looking into placing 400-500 acres into the Otsego Land Trust
• Frank McGrath asked if Supervisor Garretson has spoken to the Mayor of the Village regarding the combined WIFI.  Supervisor will be pursuing this after the first of the year to revamp WIFI and phone service through Spectrum.
• Frank was at a meeting with NYSERDA and there is quite a bit of money available for

• programs that don’t require up front money.  For example, the Village and or the Town encourage upgrades to save energy and make improvements monies are available by submitting a form to NYSERDA.

 

Highway Department:

• HSField reported on the annual 284 form allowing highway superintendent to allocate money for roads through the year.  This form needs to submitted every year for this purpose. 
• Freightliner is currently back in Albany for service.
• Specs for another new truck is submitted to the board.
• Chipper will be here Tuesday.
• Filed paperwork to replace the bridge on Mill Road

 

Federal/State/County

• None

 

Resolution 2023-6 Section 284 Expenditures of Highway Monies

On file at the Town Clerk’s office.

 

Motion to adopt Resolution 2023-6 is made by Councilperson Cornwell and 2^nd by Councilperson VanDerwerker all in favor 5-yes 0-no.  Roll call vote:  Supervisor Garretson-yes, Councilperson Johnson-yes, Councilperson VanDerwerker-yes, Councilperson Cornwell-yes and Councilperson Waterfield-yes.  5-yes 0-no

 

Public Questions, Comments and concerns…………..2 minute limit per request

Andy Minnig stated he is disappointed the Town Attorney is in attendance at tonight’s meeting.  Mr. Minnig also presented 2 affidavits from an employer of the Dog Rescue.  Mr. Minnig also states the Town Dog Ordinances is not being enforced.

 

Motion made by Councilperson Cornwell to adjourn the meeting 2^nd by Councilperson Waterfield

 

There being no further business meeting adjourned at 7:48PM.

 

Next Town Board meeting and organizational meeting will be Thursday, January 11, 2024 7:00PM

 

Respectfully submitted,

Mary Beth Flint, Town Clerk

Town Board meeting was recorded

 

 

 

                                                                                                                       

 

 

 

 

 

TB MEETING November 09, 2023 REVISED 11/29/2023

PUBLIC HEARING NOVEMBER 09, 2023

 

Motion made by Councilperson Johnson to open the Public Hearing for the Town of Cherry Valley 2024 Budget at 6:4\56PM 2^nd by Councilperson Waterfield.  All in favor 5-yes 0-no

 

No discussion from the public present.

 

Motion to close the Public Hearing made by Councilperson VanDerwerker 2^nd by Councilperson Waterfield.  All in favor 5-yes 0-no 

 

No comments by the public present

 

Motion to close the Public Hearing made by Councilperson Cornwell 2^nd by Councilperson VanDerwerker.  Closed at 7:00PM

 

Public hearing closed at 7:00PM

 

TB MEETING November 09, 2023  REVISED 11/29/2023

 

The regular meeting of the Town Board of Cherry Valley was held on Thursday November 09, 2023 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

Jim Johnson-Councilperson P

Ed VanDerwerker-Councilperson P  

Mark Cornwell-Councilperson P

Holly Waterfield-P

Highway Superintendent Marty Field P

Mary Beth Flint-P

 

Reading of last month’s minutes will be dispensed of and minutes accepted as presented and or corrected.    

 

Presentation of invoices and payments:

 

HEALTH CENTER FUND

91 Bassett Healthcare $52,723.87pd

92 Medicare Part A $74.00pd

93 Ricoh USA Inc $72.86pd

94 Ricoh USA Inc $19.00pd

95 Spectrotel $316.56pd

96 Quill Corporation $184.75pd

97 Constellation Newenergy Inc $113.66pd

98 National Grid $150.87pd

99 Quill Corporation $311.97pd

100 National Association of Rural Health Centers $450.00pd

101 Ricoh USA Inc $19.00pd

102 Public Goods Pool $401.00pd

103 Bassett Healthcare $50,671.10pd

 

GENERAL FUND

213 Hummel’s Office Plus $165.16pd

214 Otsego County Code Enforcement $75.00pd

215 Miller’s Cleaning Service $842.00pd

216 Community Planning Environmental Services $69.67pd

217 The Daily Star $44.89pd

218 Hometown Hauling $43.35pd

219 Charter Communications $84.95pd

220 Charter Communications $99.95pd

221 Spectrotel $403.24pd

222 Hummel’s Office Plus $51,84pd

223 Constellation Newenergy Inc $150.64pd

224 National Grid $307.03pd

225 Cintas Corporation #121 $353.36pd

226 Hummel’s Office Plus $44.12pd

227 Martin Field $9.65pd

228 Excellus BC/BS $312.68pd

229 United Healthcare $17.65pd

230 Hummel’s Office Plus $119.71pd

Voided check 15307

 

Highway Vouchers:

Item 1 (285-288)

Item 3 (678-688)

Item 4 (198-201)

 

Councilperson Cornwell made a motion to accept the invoices and payments as presented, Councilperson Waterfield seconded the motion.  The invoices and payments have been presented and accepted.   All in favor 5 yes 0 no

 

Presentation of Invoices and Payments:

• Budget reviewed as well as NBT Account balances

 

Misc. information to the Town Clerk:

• Otsego County Sales Tax for the month of SEP $14,579.76

 

Community Center Alden Field and Park:

• Modified basketball practice will begin on December 4 and run through February.
• Biddy basketball program will begin.
• Several rentals for the Month of November including Veteran’s Day Run/Walk this Saturday.

 

Village:

• Town and Village Board Minutes and info- www.cherryvalleyny.us

 

Town Planning:

• Lisa Hershey as submitted her resignation from the Joint Planning Boad
• A Manual Projection Screen 96x96 wall mount, ceiling mount will be ordered for the JPB to use during their monthly meetings.

 

Highway Department:

• Superintendent Field reports all is good and ready for winter.
• Richfield Springs snowmobile club contacted Superintendent Field to ask of the culvert on Porth road could be replaced.

 

Federal/State/County

• Dave Bliss County rep is present at tonight’s meeting.

 

Presentation of Town of Cherry Valley 2024 budget.  Motion made by Councilperson Cornwell to adopt the 2024 Town of Cherry Valley Budget 2^nd by Councilperson Waterfield

 

All in favor 5-yes 0-no 2024 Town of Cherry Valley Budget is adopted.

 

Public Questions, Comments and concerns…………..2 minute limit per request

 

Andy Minnig reported about a class action suit being brought by a downstate attorney against Elizabeth Keller of Rescue Dogs Rescue Soldiers and Mossy Creek Kennels for fraud and another suit that stems by a September visit by the Sherrif’s for the abuse and neglect of the animals in her care and on her properties.  This information is available with the director of the Susquehanna SPCA.  The Sherrif’s deputy found a great deal of neglect, abuse and filth and the situation has not been resolved.  Mr. Minnig reports dogs are howling 24/7.  In accordance with the Town of Cherry Valley’s dog law Mr. Minnig has the right to peace and tranquility on his property and he is not experiencing this currently. Liz Keller is not doing anything about the animals.

 

Mr. Minnig presents a letter sent to him via email from a case filed by plaintiff Arelene Dean.   

Mr. Minnig presents a copy of the letter to the Town Board for their review. 

 

Councilperson Cornwell asked if the Town is being sued?  Mr. Minnig does not think that is the

case.  He believes the Town is being reminded of its liabilities because of the Town’s Dog law requirements for licensing and vaccinating dogs.

 

Mr. Minnig is beseeching the Town to do something about this.  He feels he is living in an untenable situation and an unsafe. 

 

Councilperson Waterfield inquired when Mr. Minnig spoke with the director of the SPCA was it indicated they were going to do something about the problem?  Mr. Minnig stated he was directed to the DA’s office.  Mr. Minnig reported the DA feels they do not have sufficient cause to pursue the issue.    To recap the SPCA director wrote a letter to the Sheriff, which is a matter of public record, advising him of concern shared with her by a client that there might be a problem up at the Dog Rescue.  The SPCA director asked the sheriff to investigate the complaint and she offered to go with him.  That led to a finding that the conditions were unsatisfactory and needed remediation.  One of the requests was that she get all the dogs licensed and vaccinated and that was not done.

 

Councilperson Waterfield asked if this is now in the Sheriff’s court because Ms. Keller didn’t follow through with the request.  Mr. Minnig read a letter sent to the Sheriff’s office regarding the conditions at the Dog Rescue.  The letter came from someone on Barringer Road.  After the Sheriff came to visit she put a chain across the property.

 

Councilperson Johnson inquired if this is a dog adoption facility and do people go there?  (Liz Keller) claims she trains dogs for military persons suffering from PTSD and she advertises dogs are running free. 

 

Mr. Minnig has concerns she has numerous people living on the property as well.

 

Supervisor Garretson will contact the Town Attorney and the Dog Control Officer to see what the next step should be. 

 

Dave Bliss, Otsego County Board representative stated he has received emails regarding this issue the Sherrif has been there and the investigation has been closed.  The SPCA stated the lady will not let them on the property.  SPCA cannot legally go on anyone’s property.  Does the Dog Warden have the authority to go on someone’s property to investigate an animal situation?  

 

Mr. Minnig stated when the problem began when she took a large number of dogs after an abuse case from Utica years ago.  At the time Ms. Keller stated it was temporary, but this was not the case. 

 

Mr. Minnig asked if Mr. Bliss, as his District 7 rep, would be following up with the DA and or the Sherrif?  Mr. Bliss stated they did follow up with the Sherrif and was told the case was closed.  He will follow up with them again.  Mr. Minnig feels the Sherrif should make another visit again.

 

Supervisor Garretson states perhaps the process needs to be started over again.

 

Motion made by Councilperson Cornwell to adjourn the meeting 2^nd by Councilperson VanDerwerker

 

There being no further business meeting adjourned at 7:58PM.

 

Next Town Board meeting will be Thursday, December 14, 2023 7:00PM

 

Respectfully submitted,

Mary Beth Flint, Town Clerk

Town Board meeting was recorded