Saturday, December 2, 2023

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



Motion made by Councilperson Johnson to open the Public Hearing for the Town of Cherry Valley 2024 Budget at 6:4\56PM 2nd 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 2nd 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 2nd 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:



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



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.




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.



  • 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 2nd 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 2nd 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











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