MINUTES
October 17, 2016
PUBLIC COMMENT
PERIOD
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.
MINUTES
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.
TREASURER’S REPORT
|
Checking Account
|
|
10/01/16 Balance
|
|
General
|
|
$180,050.92
|
|
Water
|
|
$34,391.86
|
|
Total Fund
|
|
$214,442.78
|
|
Trust & Agency
|
|
$106.94
|
|
Savings Accounts
|
|
10/01/16 Balance
|
|
Water System Repair
Reserve
|
|
$
2,896.80
|
|
Cemetery Capital Reserve
|
|
10,828.66
|
|
Unemployment Insurance
Reserve
|
|
2,638.81
|
|
Water Debt Service
Reserve
|
|
20,910.58
|
|
Parks & Recreation
Reserve
|
|
3,570.72
|
|
Sidewalk Repair &
Replacement Res
|
|
238.54
|
|
James Wait Basketball
Court Fund
|
|
0.86
|
|
|
Water
|
Taxes
|
|
Taxes Unpaid 9/1/16
Water Unpaid 9/1/16
|
$9,641.46
|
$18,824.87
|
|
Billed in September
|
$80.00
|
|
|
Paid in September
|
$1360.00
|
$2,373.99
|
|
Unpaid 10/1/16
|
$8,361.46
|
$16,450.88
|
|
|
|
|
It was upon motion of Trustee
Harvey, seconded by Trustee Guido,
unanimously carried,
RESOLVED, to accept
the report as given.
ART WORKS GRANT
The application is in the process of being completed.
DPW
No
report as Dave Hajczewski, Interim DPW Superintendent was not present.
GAS
RECEIPTS
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.
WATER
OUTSIDE VILLAGE LIMITS
No action taken on changes to
provision of water outside of the village limits.
CEMETERY
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.
SOLAR ENERGY
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.
ELECTION
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.
FEMA
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.
USDA
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.
GARBAGE FROM OUTSIDE
VILLAGE
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.
BRUSH PICKUP IN VILLAGE
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.
CEMETERY STONES
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.
AUDIT OF CLAIMS
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
|
$20,713.07
|
|
Water Fund
|
"
|
16,335.35
|
|
Total Fund
|
|
$37,048.42
|
|
Trust and Agency Fund
|
Ch #’s 1887
& auto deductions- Social Security, Medicare,
Federal, Retirement
|
$83.00
$3754.94
$3837.94
|
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
ADJOURNMENT
The meeting adjourned at 8:36 PM upon motion of Trustee Guido,
seconded by Trustee Harvey.
Respectfully Submitted,
Amy S. Herr
Clerk-Treasurer
October 24, 2016
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