October 17, 2016


          Due to the limited notice of the Public Hearing that was to be held, a time for Public Comments was held regarding provision of water to residences that are outside of the Village limits.  Present for this time were Mayor Kevin J. Flint, Trustee Edward A. Harvey, Trustee Louis A. Guido, Jr., Clerk-Treasurer Amy Herr, Martin Tillapaugh, Esq., Katherine Spitzhoff, David Cadwalader, Allen Whitman, Jeff Stiles, Pamela Plymell, Charles Plymell, K. Don Brigham, Joan Helm Noonan and Kathleen Taylor.  Dennis Laughlin, Village Attorney arrived later.  This was opened at 7:00 PM.

          Martin Tillapaugh discussed the contracts that were made that originally provided water to these residences.  He stated that unilaterally invalidating the contracts is not correct.  He feels that there needs to be a negotiation with the parties involved to possibly renegotiate the contracts.  He has some case law that he would like to provide to Attorney Laughlin in regards to these contracts. 

          Katherine Spitzhoff brought up that the Village has been providing water year round for many years so therefore there is an implied contract to provide the water on a year round basis as opposed to the original contract of May 1st to November 1st each year.  She stated that there should be a fund to cover damages to the pipes.

          Joan Helm Noonan agreed with Katherine Spitzhoff on the contract being year round at this time as it has been provided that way for a length of time. 

          Charles Plymell brought up that the Creamery was getting free water for many years until a leak was discovered.  Why not charge them for the water that was used that was not metered or billed for.

          Pamela Plymell asked about the clause in the contract for no water between November 1st and May 1st

          Don Brigham brought up that in the past, possibly 20 years ago, the Village drilled a well for the McGrath’s (Old Spencer farm) to end the Village responsibility to provide water to the residence. 

          Martin Tillapaugh stated that drilling wells would resolve the contract.

          Jeff Stiles clarified that permits may be needed to drill wells and a certain flow is required before drilling is allowed.

          There being no further comments from the public, the public comment period was closed at 7:24 PM.


          The regular monthly meeting was opened by Mayor Kevin J. Flint at 7:25 PM.  In attendance were Mayor Kevin J. Flint, Trustee Edward A. Harvey, Trustee Louis A. Guido, Jr., Clerk-Treasurer Amy Herr, Dennis Laughlin, Village Attorney, Katherine Spitzhoff, David Cadwalader and Pamela Plymell.

The first item on the agenda was approval of the minutes as members received in written form.  It was upon motion of Trustee Guido, seconded by Trustee Harvey, unanimously carried, to accept the minutes as written.


Checking Account

10/01/16 Balance


Total Fund

Trust & Agency

Savings Accounts

10/01/16 Balance
Water System Repair Reserve

$ 2,896.80
Cemetery Capital Reserve

Unemployment Insurance Reserve

Water Debt Service Reserve

Parks & Recreation Reserve

Sidewalk Repair & Replacement Res

James Wait Basketball Court Fund

Taxes Unpaid 9/1/16
Water Unpaid 9/1/16

Billed in September

Paid in September
Unpaid 10/1/16

It was upon motion of Trustee Harvey, seconded by Trustee Guido,
unanimously carried,
RESOLVED, to accept the report as given.


          The application is in the process of being completed. 


No report as Dave Hajczewski, Interim DPW Superintendent was not present.


          Trustee Guido asked if there were any receipts provided for the Mirabito bill.  Advised that some were turned in today and had notes on them as to what they are for.


          No action taken on changes to provision of water outside of the village limits.


          The cemetery gates will be closed on Halloween night.  The cemetery will officially close on November 15, 2016.  Approval may be given by the Mayor for burials after that date, if requested, dependent on the weather.

          Eugene Thaw has made an offer to donate a new iron fence for the front of the cemetery that is visible from Alden Street.  A proposal for the fence was provided by Mr. Thaw from Raulli’s Iron Works, Inc. showing the fence that Mr. Thaw will be donating.  The donation is contingent on the Village using the design that Mr. Thaw has selected and the services of Raulli’s Iron Works, Inc.  Mr. Thaw will provide the funds to the Village to pay for the installation of the fence.  Motion made by Trustee Guido, seconded by Trustee Harvey, unanimously carried,
RESOLVED to accept the donation from Eugene Thaw for an iron fence to be placed on either side of the main cemetery gate with the understanding that the donation is contingent on contracting for the installation of the fence with Raulli’s Iron Works, Inc for the fence described in the estimate provided as Style #1 at a total cost of $31,000.00.


          Trustee Guido presented information of a proposal for installation of a solar project by Monolith Solar out of Rensselaer that would power the street lights in the village and all village buildings.  The solar panels would be placed on village owned properties.  The total cost for the system to be installed would be $365,000.00 after a NYSERDA incentive of $35,000.00.  The estimated positive 20 year cash flow is $342,162.00.  Trustee Guido will be looking into other companies for estimates.  Monolith Solar is willing to set up a meeting to discuss this further.


          As Mayor Flint’s and Trustee Guido’s terms will expire on the first Monday of April, 2017, it was upon motion of Trustee Harvey, seconded by Trustee Guido, unanimously carried
          RESOLVED that the Board of Trustees designates the following offices vacant at the end of the official year, March 31, 2017 without primary election:

Trustee - four year term
Mayor - four year term

          The polling place for the Village Election is at the Clerk’s Office, 2 Genesee Street, Cherry Valley, NY and will be held on March 21, 2017, hours 12 noon to 9 PM. 


          Information was received from the Department of Environmental Conservation regarding actions that need to be taken by the Board to be in compliance with the FEMA Flood Hazard/National Flood Insurance Act of 1968.  The information packet was given to Attorney Laughlin to review what needs to be done by the Board to be in compliance. 


          Information was received from the USDA regarding a Village Policy on Limited English Proficiency as the Village has a Federal loan through them and a policy is required for the continuance of the loan.  Attorney Laughlin has a document for the Board to review.  Attorney Laughlin requested that the Clerk check to see if there was any policy previously written on this subject.


          It has been reported that garbage that was not generated in the Village is being brought into the Village for pick up on Thursday’s at 14 Main Street.  A notice will be sent to the owner, Robert Millner, to notify his tenant that garbage cannot be brought into the Village that was not generated within the Village limits.


          Complaints have been received about brush not being picked up in the Village in a timely manner.  Brush in the Village should be picked up throughout the day on Monday’s.  Mayor Flint will discuss this with Interim DPW Supervisor Hajczewski to have the DPW check the Village at the end of the day to make sure all of the brush has been picked up. 


          Trustee Guido stated that he has been approached by Wayde Clapper about the placement of the headstones at the Duesler plot and the surrounding plots.  This will be checked on to see if any of the stones need to be moved to be in the proper locations.


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

General Fund
Ch #’s 12075 - 12117
Water Fund                                     
Total Fund

Trust and Agency Fund
Ch #’s 1887
& auto deductions- Social Security, Medicare, Federal, Retirement

Budget Amendments
From                                          To                                  To                           
American Power & Gas                     A5182.4          $171.73         A2770         $171.73
Eugene Thaw                                      A8810.4          $31,000.00    A2705         $31,000.00

Budget Modifications
To                                                        From                                                   
A5110.3          $1729.10                                 A1990.4          $1729.10
A3089             $297.00                                   A3001             $297.00        


          The meeting adjourned at 8:36 PM upon motion of Trustee Guido, seconded by Trustee Harvey.

Respectfully Submitted,

Amy S. Herr

October 24, 2016