July 18, 2011 Minutes

July 18, 2011

The meeting of the Cherry Valley Village Board opened at 7:00 p.m. with Mayor Jeffrey S. Stiles presiding. In attendance were Trustee Kevin J. Flint, Trustee Edward A. Harvey, Village Attorney Dennis B. Laughlin, Clerk-Treasurer Dorothy E. Johnson, Interim Superintendent David R. Hajczewski, and residents George Alverson, Matt Begley, and Dan McCamley.


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 Harvey, seconded by Trustee Flint, and unanimously carried,
RESOLVED, to dispense with the reading of the minutes and approve as written.


Checking Account 7/1/11 Balance
General $123,408.18
Water 162.44
Total Fund $123,570.62
Trust & Agency -0-

Savings Accounts 7/1/11 Balance
Water System Repair Reserve $ 2,286.54
Cemetery Capital Reserve 12,964.66
Unemployment Insurance Reserve 4,864.27
Equipment Reserve 3,095.85
Water Debt Service Reserve 39,456.18
Parks & Recreation Reserve 7,429.00
Sidewalk Repair & Replacement Reserve 732.75

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

WATER LINE REPAIR – G. Alverson/Glimmerglass Opera & Harvey

Mr. Alverson attended the meeting to discuss the legalities of the village or others accessing the water line through his property to the Harvey and Opera properties, to make necessary repairs. Attorney Laughlin has found nothing recorded saying a change was made or right of way extinguished, after a deed dated 1986 saying there is a 30ft. wide right of way. Mr. Alverson insists that he has a deed saying that there is no longer a right of way for the village or electric company.
Previously Mr. Alverson had been back and forth as to whether
anyone would be allowed to enter the land to do the repairs. Mr. Harvey has
donated the repairs (materials and labor) to date, as it is still not clear who is
responsible for the line. The other end of the line should have plastic pipe
put in as well to keep the line from breaking. Also, an additional meter
should be put in at the Glimmerglass Opera house, to help keep better track
of what each property uses in the event that there are future problems with
leaks. At this point Mr. Alverson will not allow anyone on the property to
complete these jobs unless they sign a waiver. Though, he does want the
village to clean up the gravel that was dug and left a hole, as it is not safe.
Mayor Stiles said Mr. Hajczewski will do the necessary work to make the
area safe
After discussion, it was upon motion of Trustee Flint, seconded by
Trustee Harvey, unanimously carried,
RESOLVED, to install an additional meter at the Glimmerglass Opera
property and it was,
FURTHER RESOLVED to lower the water bill to $600.00, a one
time reduction, provided the bill is paid by July 31, 2011, as it is unclear
who is responsible for the leak
Further discussion will be held on this matter after Attorney Laughlin
has time to do more research on new information Mr. Alverson brought.

Brockman Water Meter

While reading water meters, Mr. Hajczewski found water running at the Richard Brockman, a new resident at 28 Lancaster Street. The water line was out back and unknown to anyone, though all being metered. After discussion it was upon motion of Trustee Harvey, seconded by Trustee Harvey, unanimously carried,
RESOLVED, to lower Mr. Brockman’s bill to $200, provided it is paid no later than July 31, 2011 or it reverts back to the original bill.

Artworks Water Bill

Mr. McCamley asked why Artworks got a water bill for $135.00. The Clerk explained that this is the minimum, as they do not yet have a meter in the building. Mr. McCamley said they shut the water off in the winter so expected not to be billed. Normally, if the water is shut off by the village, there is no or a partial bill for that period. Otherwise, the resident will be charged a minimum charge. In this case, there outside shut off, so it has to be done inside. Therefore, if it is indeed shut off inside, for the winter, and the village clerk is notified, the bill will be adjusted as so.

Water Meters

Mayor Stiles said that he wants all meters checked against the readers to make sure they have the same reading, as when the outside reader stops, the inside reader can be used for the reading. This will begin in the fall/winter.

NOISE COMPLAINTS - Hurwitz/Rose & Kettle

Mr. Begley, manager of the Rose and Kettle Restaurant attended the meeting as asked to discuss the noise problems between the neighbors and their business. Mr. Begley said he has tried to reduce the impact on his neighbors and has some additional ideas to try to buffer the noise. Mayor Stiles said he has noticed a good difference in the past three weeks, though according to Mr. Begley, the State Police have been called. Trustee Harvey explained that it is not in violation of a village law, but a state one, which is in effect at 11 pm. Mr. Begley assured the board that he would make every effort to comply with the noise regulation so as not to disturb the neighbors.


The deed was signed to the American Legion, as proposed at the last meeting.

Granite Markers

Mr. Lou Guido has offered to provide granite markers to re-mark the
cemetery lots as the lot sizes have been increased over the years due to
regulations (concrete vaults). The map will be redone to reflect the changes,
as well.


Mayor Stiles, as Mr. Lillian Hayes and Mr. William Wilson
commended Mr. Hajczewski and Mr. VanDerwerker on the work they have been doing and their positive attitudes.

TALL GRASS – Draft Local Law

The Planning Board presented a draft local, Tall Grass and Weed Ordinance to be reviewed. After review and discussion, it was upon motion of Trustee Flint, seconded by Trustee Harvey, unanimously carried,
RESOLVED to hold a public hearing on Local Law # 1, 2011, Tall Grass and Weed Ordinance, an ordinance regulating the height of tall grass, weeds, poisonous or harmful vegetation within the Village of Cherry Valley, and it was,
FURTHER RESOLVED the, hearing will be held on Monday, August 15, 2011 beginning at 7 pm, at the Clerk’s Office, 2 Genesee Street, Cherry Valley, New York.


National Grid proposed installing a pole to replace the tree to anchor the wires, near the Martin Field residence. Mr. Field and village officials are opposed to this proposal. National Grid will research the matter further and hopefully come up with a new proposal.

FENCE – Maple Lane

The fence on the Sapinsky, Maple Lane property has still not been taken down, as discussed prior to them purchasing the home. According to Attorney Laughlin, if the fence is in violation and in the village right of way, it needs to be taken down. All present will re-look at the fence, to get a better idea of what is what and Mrs. Sapinsky will be asked to attend the next meeting to discuss the matter.


Mr. McCamley reported on the status of the Artworks building. They still have $4,092.04 left to spend in grant funds. This will go toward a new furnace, according to Mr. McCamley.

Certificate of Occupancy

It was questioned as to whether Artworks has their Certificate of Occupancy yet. Also, as the Village’s is ultimately responsible, and they were to provide a certificate of insurance to the village, the Clerk will ask for one at this time.

MOSA Withdrawal

Mayor Stiles signed a letter that was requested by Otsego County Board Representative Sam Dubben in support of Bill S4555-A, Otsego County’s request to end its participation as a member of the three county authority known as MOSA (Montgomery-Otsego-Schoharie Authority). For the past 23 years the residents, businesses, and institutions of Otsego County have been subject to higher than average prices for solid waste services due to the county’s commitment to meet the Authority’s Guaranteed Annual Tonnage requirement, per the letter.


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

General Fund Ch #’s9036 – 9090 $24,954.97
Water Fund “ “ 4,139.73
Total Fund $29,094.70
Trust & Agency Fund Ch #’s 1669 – 1673 $ 1,185.45
EFTPS payment 2,039.70
Retirement online 166.86
Total T&A $ 3,392.01

Budget Amendment
From To To
Cemetery Savings A2770 $1,840.00 A8810.4 $1,840.00


It was upon motion of Trustee Harvey, seconded by Trustee Flint, unanimously carried to close the meeting at 9:35 pm.

Respectfully Submitted,

Dorothy E. Johnson
Clerk-Treasurer July 25, 2011

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