Saturday, April 6, 2024

TB MEETING March 14, 2024


TB MEETING March 14, 2024

The regular meeting of the Town Board of Cherry Valley was held on Thursday March 14. 2024 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 Excused

Holly Waterfield-P

Highway Superintendent Marty Field-P

Mary Beth Flint-Town Clerk-P


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


Presentation of invoices and payments:


11 Ricoh USA Inc $72.86pd

12 Ricoh USA Inc $11.50pd

13 Quill Corporation $55.17pd

14 Quill Corporation $74.22pd

15 National Grid $156.17pd

16 Spectrotel $334.55pd

17 Constellation Newenergy Inc $176.78pd

18 Quill Corporation $40.04pd

19 NYSDOH $200.00pd

20 Ricoh USA Inc $20.33pd

21 US Postal Service $812.65pd

22 Public Goods Pool $131.00pd

23 US Postal Service $405.75pd



32 Miller’s Cleaning Service $842.40pd

33 Elan Financial Services $123.12pd

34 Hometown Hauling $39.79pd

35 State Comptroller $3,159.00pd

36 Bruce Hall Corp. $179.65pd

37 RL Parsons Inc $4,201.28pd

38 Charter Communications $99.95pd

39 Charter Communications $84.95pd

40 The Daily Star $85.04pd

41 National Grid $462.88pd

42 Spectrotel $417.27pd

43 Cintas Corporation #121 $435.46pd

44 Emerson Testing LLC $65.00pd

45 Cherry Valley Fire District $101,309.00pd

46 Sue Miller Historian $370.00pd

47 Cherry Valley Emergency Squad $300.00pd

48 American Legion Post 1360 $560.00pd

49 Cherry Valley Historical Association $10,300.00pd

50 Cherry Valley Fireman’s Auxiliary $150.00pd

51 CV Fish and Game Club $300.00pd

52 Cherry Valley Fire Department Co. 1 $300.00pd

53 Cherry Valley Facilities Corp. $3,600.00 pd

54 Artworks $2,050.00pd

55 Lyman and James Johnson $3,000.00pd

56 Deb Whiteman Coordinator $1,000.00pd

57 Shelter Point Lif Insurance Co. $696.00pd

58 Constellation Newenergy Inc $385.43pd

59 Excellus BC/BS $312.68PD

60 Otsego Computer Experts $250.00pd

61 United Healthcare $17.65pd

62 Otsego County Town Supervisor Association $100.00pd

Voided check #15492


Highway Vouchers:

Item 1 (294-295)

Item 3 (718-730)

Item 4 (211-212)


Councilperson Waterfield made a motion to accept the invoices and payments as presented, Councilperson seconded the motion.  The invoices and payments have been presented and accepted.   All in favor 4 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 JAN $3,596.29
  • Otsego County Sales Tax for the month of JAN $5,393.49 (Traffic Diversion Program)


Health Center:

  • The HC is implementing a new billing system.


Community Center/Alden Fields and Park:

  • Biddy basketball season has ended.  All went well.
  • Rentals are up



Town Planning:



Highway Department:

  • Prices for paving reviewed by TB members.  CHIPS has not been finalized by the State yet.
  • Drains in the Town Barn are crumbling and need to be replaced
  • Broom will be here on 4/5/24


Resolution 2024-2 Required annual examination and audit of Town Justice Court records and dockets.


PROPOSED ACTION:  Required annual examination and audit of town justice court records and dockets


WHEREAS:  Section 2019-a of the Uniform Justice Court Act requires that town justices annually provide their court records and dockets to their respective town auditing boards, and that such records then be examined or audited and that fact be entered into the minutes of the board’s proceedings; and


WHEREAS:  The town supervisor on behalf of the town justices has presented the court records and dockets to the town board of examination and audit; and


WHEREAS:  Record of this examination, audit and resolution will be forwarded to Daniel Johnson, Director of Internal Audit Services, NYS Unified Court System, 185 Jordan Road, Suite 1, Troy, NY  12180; and


NOW, THEREFORE, BE IT RESLOVED:  The town board has conducted the required examination and audit of the court records and dockets of the Town of Cherry Valley for the fiscal year ending December 31, 2023


Motion made to adopt Resolution 2024-2 by Councilperson Johnson and 2nd by Councilperson VanDerwerker all in favor 4-yes opposed 0-no.


Roll call vote is taken:  Supervisor Garretson-yes, Councilperson Johnson-yes, Councilperson VanDerwerker-yes, Councilperson Waterfield-yes  Councilperson Cornwell-Abscent


Resolution 2024-2 duly carried.


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

Andy Minnig quoted the Town Dog Control Law and Land Use Regulation law. 


Dog Control Law


“Section 5 says It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to engage in habitual and loud howling, barking, crying or whining or conduct as to unreasonably and habitually disturb the comfort or repose of any person other than of such dog.  Chase jump upon or at or otherwise harass any person in such manner as to reasonable cause intimidation or fear or to put such person in reasonable apprehension of bodily harm.”


“Section 6 All dogs all dogs in the Town of Cherry Valley must be licensed with the Town Clerk, not some but all……….section F of section 6 service dogs will not require a license will not require a license.”


Miss Keller has not been able to demonstratively show that any of her dogs have ever been adopted by any soldier at any time.


Mr. Minnig also states the document continues at length about procedures for seizures of dogs.  The law is an incredibly comprehensive law. 


He quotes the Land Use regulation as well:


Land Use regulation Law


 “section 5 In no case is a use permitted in any district, that’s the agricultural residential districts, that by reason of noise, dust, odor, appearance, deleterious substance, or other objectionable factor creates a nuisance hazard or other substantial adverse effect on the reasonable enjoyment of the surrounding property and/or the safety and health of the residents etc…………Article 9 which deals with administration and enforcement.  This Local Law shall be enforced by the Enforcement Officer who shall be appointed by the Town Board, we don’t have an enforcement officer……….. To act upon any and all complaints and to serve a written notice of violation upon the owner or occupant of the premises where there appears to exist a violation of any provision of this Local Law”


He states the Town has a set of laws that are not being implemented.


Motion made by Councilperson Waterfield to adjourn the meeting 2nd by Councilperson VanDerwerker

There being no further business meeting adjourned at 7:33PM.



Town Board meeting will be Thursday, April 11, 2024 7:00PM


Respectfully submitted,

Mary Beth Flint, Town Clerk

Town Board meeting was recorded










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