May 2010 Minutes

May 17, 2010

The meeting of the Cherry Valley Village Board opened at 6:30 p.m. with Mayor Jeffrey S. Stiles presiding. In attendance were Trustee Kevin J. Flint, Trustee Edward A. Harvey, Clerk-Treasurer Dorothy Johnson, DPW maintenance worker David R. Hajczewski, Board members Tim Horvath, Tom Garretson, Jim Johnson, Town Clerk MaryBeth Flint, Town Highway Superintendent Ed VanDerwerker, Village Planning board member, Dennis Laughlin, representatives from some of the churches Karen Walker, Ruth Snyder, and Susan Ethington, and resident Jim Kosinski.


The first item on the agenda was the approval of the minutes, as sent to all board members in written form.
It was upon motion of Trustee Flint, seconded by Mayor Stiles, unanimously carried,
RESOLVED, to dispense with the reading of the minutes and approve as written.


Fund Checking Account Balance
Village General Fund $86,446.41
Water Fund 18,551.48
Total Fund $104,997.89
Trust & Agency Fund -0-

Fund Savings Account
Water System Repair Reserve $ 1,265.82
Cemetery Capital Reserve 12,749.10
Unemployment Insurance Reserve 6,949.56
Equipment Reserve 2,880.70
Capital Water Debt Service Reserve 39,409.27
Parks & Recreation Reserve 4,864.94
Sidewalk Repair/Replacement 531.83

Unpaid Water

Unpaid 4/1/10 $13,102.20
Paid in Apr. 3,718.73
Unpaid 5/1/10 $ 9,383.47

It was upon motion of Trustee Flint, seconded by Trustee Harvey, unanimously carried to accept the Treasurer’s report as read.


Mrs. Walker, Snyder, and Ethington asked permission to have a
Crèche (Nativity Scene) in the village park in front of the Health Center,
beginning on the first Sunday of Advent (usually the last Sunday in
November) until January 6th. The structure will be built so it can be taken
apart to store.
They are looking for a commitment from the local churches to be
responsible for setting up and taking it down and for some of the funding.
Board members agreed that it can be lit with the Christmas tree, it would be
covered by village insurance, and can be stored in the DPW garage. They
also plan to have a fundraiser to help pay for the manger and figure, selling
memorial ornaments for the tree.


DPW Foreman Dave Hajczewski inquired about purchasing materials to build a dump trailer for use in the cemetery. It was decided to make this a winter project provided funding is available.
The DPW will erect a wall/flower box (out of 6x6 lumber), on the northern side of the village parking lot. This will protect the adjacent home as well as make the lot more attractive.


Mr. David Carpenter, Sr. has inquired about the Assembly of God Church and others using the ball field and to have a cookout on a Sunday in August. Board members agreed there will be no problem with this as we welcome to use the park.


Sidewalk replacement is scheduled to begin in June. Montgomery Street sidewalk from the Catholic Church to the Young residence and from the Catholic Church to Kateri Hall on Church Street will be the first areas to be done. Also scheduled is a portion of Lancaster Street, from the Rose and Kettle to past the Lyman Johnson residence.

Mrs. Snyder asked when the sidewalk in front of her Main Street home would be done as she has concerns with it. Mayor Stiles said he would have the men check it over on the day after the meeting to determine if there are any defects in it and repair them immediately if so. It was again brought up that if the homeowner pays for the concrete, with the village doing the work, those sidewalks would be moved to the top of the list for replacement. It is estimated that about 25 foot can be done for about $100.


Per request of Gas Tem USA, it was upon motion of Trustee Flint, seconded by Trustee Harvey, unanimously agreed,

WHEREAS, the Village of Cherry Valley owns and operates the village waterworks, and
WHEREAS, the village waterworks has a surplus supply of water and
WHEREAS, the village has been asked to sell water by Gas Tem USA, It is RESOLVED that the Village be authorized to sell up to 110,000 gallons of water on the following term and conditions;
1. That Gas Tem USA shall draw no more than 8,000 gallons of water on any day.
2. That Gas Tem USA shall only draw water between the hours of 7 am and 2 pm.
3. That Gas Tem USA shall not draw water on Saturday and Sunday.
4. That the access for drawing water shall be the hydrant behind the firehouse; not other hydrant shall be used.
5. That Gas Tem USA agrees to pay for the repair of any damage to lawns, street parking lot, fire hydrant or any other item caused by the acquisition of the water from the village.
6. That Gas Tem USA shall notify the Cherry Valley Village Department of Public Works 24 hours before any draw.
7. That all draws shall be metered at the hydrant.
8. That Gas Tem USA shall purchase the meter.
9. That Gas Tem USA shall pay the village $12.00 per thousand gallons up to 80,000 gallons; for all gallons above 80,000 the charge shall be $15.00 per thousand or portion thereof. Payment shall be made within 15 days of acquisition. Failure to pay on time shall incur a $2.00 per thousand gallon penalty per week.
10. That the Village of Cherry Valley shall have the right to rescind the privilege of drawing water at any time without any necessity to give reason.
11. The Village of Cherry Valley does not promise that any future agreements shall be made for sale of water.
12. That Gas Tem USA agrees to indemnify the Village of Cherry Valley for any damages or the defense of an action arising from the agreement to sell water to Gas Tem USA including but not limited top attorneys fees.
13. That this resolution shall take effect passage and signing of an agreement by Gas Tem USA agreeing to the terms herein.

CEMETERY – Tree Carving

Trustee Flint spoke to a person who does the wood carvings about
possibly carving into one of the trees in the cemetery. He said he would like
to come to see the tree to make sure it will last as with some trees the
carvings do not last. Mayor Stiles said since it was Mr. Perry’s idea that he
should decide what would be carved, if we do have it done.


Stark Electric has completed the work at the well house and paid with
funds from the New York Power Authority.


It was decided that brush pickup will be on Mondays, beginning after
the Memorial Day weekend until September, unless special arrangements
are made or work load doesn’t permit.

KOSINSKI - Compliments DPW

Mr. Kosinski complimented the men saying they have been terrific
and are great to be around. He also complimented the village board on the
nice job they are doing.


Mayor Stiles complimented the Clerk on the recent newsletter. The
Clerk has sent letters of appreciation to Dee Mahalick and Sarah Mancuso
for their help with folding and delivering.
The Fire Department for washing our streets at their recent drill are
also to be thanked.


Board members discussed the lease between the Village, Town, and
Cherry Valley Community Facilities Corporation of the gymnasium and
adjacent areas. Copies will be made for village board members to review.
Upkeep/maintenance of the parking lot and grounds were discussed. It was
decided to line the parking lot to create more parking spaces. The Town will
continue to do a section of paving each year.

Tim Horvath, Town Board member had previously brought up the
idea of the possibility of the town and village creating a septic system, with a
treatment plant on the outskirts of the village. This was again discussed. It
was explained that, though the village is still applying for grant money
(through the Environmental Facilities Corporation) it is not likely to have a
village or town-wide sewer system, but individual systems. Both boards
agreed that it is very unlikely that the residents can afford to fund such

It was brought up to again bring up the plan of a path from the
Genesee Street parking lot to Alden Field. Former Trustee Lou Guido had
been working on this project. He will be asked to continue on with the

Discussion was held regarding having a community board put in
Genesee Street parking lot. The Firemen’s Auxiliary plans to donate funds
toward this project, as well as others. Memorial Day weekend profits from
members of the village board, community center, and fire department
selling food may help out with this also.


After review by the board, it was upon motion of Trustee Harvey, seconded Trustee Flint, unanimously carried,
Resolved, to make payment on bills, transfer appropriations and amend the budget as follows:

General Fund Ch #’s 8350 - 8392 $13,902.93
Water Fund “ “ 10,989.36
Total Fund $24,892.29
Trust & Agency Fund Ch #’s 1562 - 1569 $ 2,131.85

Transfer of Appropriations

From To

A1990.4 $172.26 A1325.4 $172.26
A1990.4 12.86 A1450.4 12.86

F1990.4 93.17 F8310.4 93.17

Budget Amendments

From To To
Town of Cherry Valley A2770 $ 357.75 A1325.4 $ 357.75
Unemployment Savings A2770 2,091.24 A9050.8 2,091.24
New York Power Authority A2770 30,321.25 A1620.4 30,321.25
New York Power Authority F2770 1,978.75 F8340.4 1,990.75


It was upon motion of Trustee Flint, seconded by Trustee Harvey, unanimously carried to close the meeting at 8:55 pm.

Respectfully Submitted,

Dorothy E. Johnson
May 29 2010