April 2021 Meeting Minutes

 MINUTES

April 19, 2021

 

Meeting opened at 6:30 PM by Mayor Guido with the Pledge to the Flag. In attendance were Mayor Louis A. Guido, Trustee Edward Harvey, Trustee Ian Feulner, Amy Herr, Clerk-Treasurer, Linda Bouck, Deputy Clerk-Treasurer, Taylor Miles, DPW Superintendent and Hyde Clarke, Attorney.  Also in attendance were Michael Nelson and Planning Board Members Cierra Utter, Stephen Thomas, Ashlee Cornelia, Wendy Reich, Dave Cornelia and Bill Compton.

 

Approval of the March minutes and Organizational Meeting minutes as members received in written form.  It was upon motion of Trustee Feulner, seconded by Trustee Harvey, unanimously carried, to accept the minutes as written.

 

Motion made by Trustee Harvey, seconded by Trustee Feulner, unanimously carried to open the Public Hearing on Local Law #1 of 2021, Abandoned Property Law at 6:31 PM.  Attorney Clarke reviewed the history of the law and made suggestions for some modifications to be made.  He stated that the previous referral to the county is good for this modification of the law.  The Board agreed to the changes that were suggested by Attorney Clarke.  There were no other comments or concerns addressed.  Motion made by Trustee Feulner, seconded by Trustee Harvey, unanimously carried to close the Public Hearing at 6:50 PM.

 

TREASURER’S REPORT 

 

Checking Account

 

04/01/21 Balance

General

 

$116,105.78

Water

 

$38,370.14

Total Fund

 

$154,475.92

Trust & Agency

 

                 $367.96

Savings Accounts      

 

04/01/21 Balance

Water System Repair Reserve

 

$2,899.46

Cemetery Capital Reserve

 

$10,838.33

Unemployment Insurance Reserve

 

$2,640.97

Water Debt Service Reserve

 

$20,929.49

Parks & Recreation Reserve

 

$3,573.92

Sidewalk Repair & Replacement Res

 

$238.72

General Fund Savings

 

$25,034.64

                                               

Water

Taxes

Taxes Unpaid 3/1/2021

Water Unpaid 3/1/2021

$12,030.19

$0.00

Paid in March

$2,048.18

$0.00

Billed in March

$84.00

$0.00

Unpaid 4/1/2021

$10,066.01

$0.00

 

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

 

ABANDONED PROPERTY LAW

 

            Motion made by Trustee Harvey, seconded by Trustee Feulner, unanimously carried,

            RESOLVED that Local Law #1 of 2021, Abandoned Property Law be passed as amended.

 

PLANNING BOARD

 

            All members of the Planning Board were sworn in and signed their Oath of Office.  They were all given a copy of the Village Sexual Harassment Policy.

 

 

DPW

 

            DPW Superintendent Miles reported that he is meeting this week with Nate Waterfield to check on trees in the Village that need to be trimmed or removed.  The DPW will be flushing hydrants on April 22nd and have begun sweeping streets.  The streets and sidewalks will be checked to see what ones need to be repaired with the CHIPs money this year.

 

ELECTION

 

            The election was held on March 16, 2021.  Louis Guido was elected as Mayor and Edward Harvey was elected as Trustee.  Both terms are until March 31, 2025.

 

BUDGET

 

            No further amendments to the budget were requested.  Motion made by Trustee Feulner, seconded by Trustee Harvey, unanimously carried to approve the 2021-2022 budget as presented at the Budget Hearing.

 

TAX REPORTS

 

            The Constitutional Tax Cap and Tax Limit reports have been submitted as required.

 

TRAINING

 

            Request has been made for DPW Superintendent Miles and Dave Hajczewski, backup water system operator to attend a webinar training offered by New York Rural Water on Tuesday, May 18, 2021 to obtain continuing education credits for their water licenses.  Motion made by Trustee Harvey, seconded by Trustee Feulner, unanimously carried to approve payment for this training.

 

OTHER BUSINESS

 

            Michael Nelson asked about planting trees between the sidewalk and street.  He was advised that the village will not be doing this at this time.  If he wants to plant a tree he should check with National Grid on the recommended trees that will not interfere with the power lines.  He also asked if the village was going to reseed that area where the excess dirt was removed a few years ago.  DPW Superintendent Miles advised that the village will be reseeding where necessary.  Michael Nelson also inquired if during the spring there would be additional days that brush would be picked up as he has a large amount to be picked up.  Mayor Guido advised that if it would be easier for him that arrangements can be made to have the dump truck left at his house over the weekend for him to load his own brush and then it would be picked up on Monday morning.

 

            Jon Ackerman may have money to donate through his job at Walmart.  This will be reviewed with him further to see if the donation can be made to the village.

 

AUDIT OF CLAIMS

 

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

 

General Fund

Ch. #’s 14523-14574 & EFT#12 & 13

$13,347.01

Water Fund                                            

Ch. #’s 14523-14574 & EFT#12 & 13

$5,697.08

Total Fund

Ch. #’s 14523-14574 & EFT#12 & 13

$19,071.09

Trust and Agency Fund

Ch. #’s 1966 & 1967 & Auto deductions

$2,840.06

 

 

Budget Modifications

To                                                                    From                                                              

A5132.4                      $2000.00                     A5187.2                      $2000.00

Budget Amendments

From                                       To                                            To                                             

None

 

ADJOURNMENT

 

            The meeting adjourned at 7:16 PM upon motion of Trustee Feulner, seconded by Trustee Harvey, unanimously carried.

 

Respectfully Submitted,

 

 

Amy S. Herr, Clerk-Treasurer

April 20, 2021 
 

2021 Organizational Meeting Minutes

 

ANNUAL ORGANIZATIONAL MEETING AND BUDGET HEARING

April 5, 2021

 

Meeting opened at 6:30 PM by Mayor Louis A. Guido with the Pledge to the Flag.  Mayor Louis A. Guido, Trustee Ian M. Feulner, Trustee Edward A. Harvey, Clerk-Treasurer Amy S. Herr, DPW Superintendent Taylor B. Miles and Dep. Clerk-Treasurer Linda Bouck present.  Also present was JoAnn Guido.

 

Budget Hearing

Motion made by Trustee Feulner, seconded by Trustee Harvey, unanimously carried to open the Budget Hearing at 6:31 PM.

 

Motion made by Trustee Feulner, seconded by Trustee Harvey to close the budget hearing at 6:47 PM.  Motion carried.

 

Proposed - Appointments as of 4/1/2021 and Salaries as of 6/1/2021

Mayor – Louis Guido, elected to 4/25                                                                 $1925.00 annual

Trustee – Edward Harvey, elected to 4/25                                                           $1650.00 annual

Trustee – Ian Feulner, elected to 4/22                                                                 $1650.00 annual

Deputy Mayor – Ian Feulner, appointed to 4/22                                                   $100.00 annual

Attorney – Hyde Clarke, attorney with the law firm Young/Sommer                     $4000.00 annual

Clerk-Treasurer, Records Keeper, Tax Collector - Amy Herr

Appointed to 4/25 – w/benefits, no health ins.                                                     $25,581.60 for

1248 hours annually

Registrar of Vital Statistics – Amy Herr, appointed to 4/25                                   $250.00

Deputy Clerk-Treasurer & Deputy Registrar – Linda Bouck

appointed to 4/22                                                                                               $15.50/hour

DPW Superintendent – Taylor Miles       ,                                                           $37,584.00 annually

app. annually w/benefits, no health ins. 

Maintenance Worker – Andrew Booth, w/benefits and health ins.                         $16.50/hour     

Part-time Cemetery Worker – Darvey Bosma and Dylan Huff                              up to $14.00

Other Part-time laborers- hired as needed                                                            up to $13.00/hour

Election Inspectors – none needed                                                                     

Public Health Officer – Maureen Kuhn, FNP Shared with Town                           $0.00

Historian – Susan Miller – Appointed annually                                                    $200.00

Building Inspector – Jeff Stiles- Appointed annually                                            $250.00

 

The above noted Appointments were made by Mayor Guido.  Motion made by Trustee harvey, seconded by Trustee Feulner, unanimously carried to approve the appointments and associated salaries as listed.

 

Proposed - POLICIES AND PROCEDURES

Official Bank – NBT Bank of Norwich, Cherry Valley Branch

Official Newspaper- Daily Star, Oneonta

Official Board Meeting- 3rd Monday of each month at 6:30 p.m.

Authorization for Clerk to pay utilities, gasoline, garbage contract, insurances, postage, water bonds/ interest on water bonds, small items to run office and equipment as needed prior to board meeting approval

Interest Rate Charge- 5% first month, with 1% added each month thereafter.

Copies - $ .25 each

Classes/work related meetings to be reviewed as requested at a Regular Meeting of the Board.

Work related travel – Reimbursed at current IRS rate.

Meals- If not included with class/conference $45.00 per day.

Bounced check fee- $20.00

County Sales Tax receipts – 75% to General Fund. 25% to Water Fund

All Employees- Offered NYS Retirement (required for Full-time employees) & Deferred Compensation Plan

Policies – Investment, Procurement, Code of Ethics, Sexual Harassment, Drug Free Work Place, Meal Reimbursement, Emergency Preparedness Plan, Water Restriction During Drought Emergency, Hazardous Mitigation Plan, Limited English Proficiency Plan, Clerk/Deputy Clerk Segregation of Duties, DPW Guidelines, Public Health Emergency Operations Plan

Cemetery Charges & Rules

Water Charges/Rules

 

Motion made by Trustee Feulner, seconded by Trustee Harvey, unanimously carried to accept and continue the above Policies and Procedures.

 

Other Business

 

Clerk-Treasurer Herr advised that payroll is done bi-weekly on Thursday for employees and for Board members on the fourth (4th) Thursday of the month. 

 

Motion made by Trustee Harvey, seconded by Trustee Feulner, unanimously carried to reinstate the Village Planning Board.  Mayor Guido appointed Steve Thomas, Ashley Cornelia, Wendy Reich, Cierra Utter and Dave Cornelia to be members of the Planning Board.  Mayor Guido appointed Bill Compton as alternate member of the Planning Board.  Motion made by Trustee Feulner, seconded by Trustee Harvey, unanimously carried to approve these appointments.

 

Resolution motion made by Trustee Harvey, seconded by Trustee Feulner, unanimously approved to hold a Public Hearing on the amendments to the Housing Law on Monday, April 19, 2021 at 6:30pm.

 

Motion made by Trustee Feulner, seconded by Trustee Harvey to add Deputy Clerk-Treasurer Linda Bouck as a signatory on all bank accounts held at NBT Bank.

 

Proposed Budget

Total                                        General                                    Water

Appropriations                          $439,226.44                              $301,321.44                              $137,905.00

Revenues Other than                  $192,740.00                              $  58,835.00                              $133,905.00

Real Property Taxes                       

Appropriated Fund Balance        $  33,987.44                              $  30,987.44                              $    3,000.00

Transfer from Savings               $  21,000.00                              $  20,000.00                              $    1,000.00

Balance to be raised by

Real Property Taxes                  $191,499.00                              $191,499.00

Total Revenue                           $739,226.44                              $301,321.44                              $137,905.00

 

Proposed Tax Rate 6.1641per thousand                                                   Proposed Water Rate $8.40 per thousand gallons

0.1423 per thousand increase                                                                                      $0.00 increase

 

Motion made by Trustee Feulner, seconded by Trustee Harvey unanimously carried to schedule the next Organizational Meeting for the Village of Cherry Valley on Monday, April 4, 2022 at 6:30 PM at the Village Office.

 

Motion made by Trustee Feulner, seconded by Trustee Harvey, unanimously carried to adjourn the meeting at 7:02 PM.

 

Respectfully submitted,

 

 

Amy S. Herr, Clerk-Treasurer

April 7, 2021

March 2021 Meeting Minutes

 

 MINUTES

March 15, 2021

 

Meeting opened at 6:30 PM by Mayor Guido with the Pledge to the Flag. In attendance were Mayor Louis A. Guido, Trustee Edward Harvey, Amy Herr, Clerk-Treasurer, Linda Bouck, Deputy Clerk-Treasurer, Taylor Miles, DPW Superintendent and Andrew Booth, Maintenance Worker.  Also in attendance were Cierra Utter, Rick DeAngelo and Jennifer Larrabee, Home Town Hauling.  Trustee Ian Feulner arrived at 6:46 PM.

 

Approval of the February minutes as members received in written form.  It was upon motion of Trustee Harvey, seconded by Mayor Guido, unanimously carried, to accept the minutes as written.

 

TREASURER’S REPORT 

 

Checking Account

 

03/01/21 Balance

General

 

$127,945.06

Water

 

$78,628.98

Total Fund

 

$206,574.04

Trust & Agency

 

                 $311.90

Savings Accounts     

 

03/01/21 Balance

Water System Repair Reserve

 

$2,899.41

Cemetery Capital Reserve

 

$10,838.15

Unemployment Insurance Reserve

 

$2,640.93

Water Debt Service Reserve

 

$20,929.13

Parks & Recreation Reserve

 

$3,573.86

Sidewalk Repair & Replacement Res

 

$238.71

General Fund Savings

 

$25,031.55

                                               

Water

Taxes

Taxes Unpaid 2/1/2021

Water Unpaid 2/1/2021

 

$20,280.61

$0.00

Paid in February

$8,306.42

$0.00

Billed in February

$56.00

$0.00

Unpaid 3/1/2021

$12,030.19

$0.00

 

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

 

DPW

 

            DPW Superintendent Miles made a request for internet at the shop.  Mayor Guido will send a request to Spectrum to see about a hookup.  DPW Superintendent Miles has received costs for garage door openers.  Motion made by Trustee Harvey, seconded by Trustee Feulner, unanimously approved to purchase garage door openers from Blair Doors.  DPW Superintendent Miles requested to purchase a sweeper.  Motion made by Trustee Feulner, seconded by Trustee Harvey, unanimously approved to purchase a used sweeper from White’s.  DPW Superintendent Miles has received pricing for a carport at the shop.  Motion made by Trustee Feulner, seconded by Trustee Harvey, unanimously carried to purchase an 18 X 21 carport for $1830.00.

 

            There is surplus equipment at the Village Shop.  Motion made by Trustee Harvey, seconded by Trustee Feulner, unanimously approved to declare the following equipment as surplus:  Backhoe, snowblower, spreader, dozer blade and air jackhammer.

 

ANNUAL WATER REPORTS

 

            The Annual Water Quality and Water Withdrawal reports have been completed and submitted.  The Water Quality report was approved by the Department of Health.

 

 

BENCHMARKING

 

            The Annual Benchmarking Report was provided to the Board as per the Benchmarking Resolution.

 

BUDGET REVIEW

 

            The proposed budget was reviewed.  Changes from last the February meeting were made.  Tax increase is at the Tax Cap limit.

 

ANNUAL MEETING AND BUDGET HEARING

 

            The Annual Meeting and Budget Hearing were scheduled for Monday, April 5, 2021 at 6:30 PM.

OPENING OF REFUSE REMOVAL BIDS AND AWARDING OF CONTRACT

 

            Four bids were received. The bids were as follows:

                        On-Time Waste                      $93,300.00

                        Home Town Hauling              $95,800.00

                        Waste Recovery Enterprises  $104,000.00

                        Casella Waste Management   $87,048.00

           

Motion made by Trustee Feulner, seconded by Trustee Harvey, unanimously carried to award the Refuse Removal Contract to Casella Waste Management.

 

PROPERTY TRANSFER

 

            Motion made by Trustee Harvey, seconded by Trustee Feulner, unanimously carried to declare the Village Board as the lead agency for purposes of SEQR.

            Motion made by Trustee Feulner, seconded by Trustee Harvey, unanimously carried to declare a negative declaration as the sale of the property will have no adverse impact on the environment.

           

            WHEREAS, the Village owns a parcel of vacant land, which is designated as Tax Map No. 58.13-1-34.01, located in the Village of Cherry Valley, New York 13320; and

 

WHEREAS, the Village has determined that a portion of the property is no longer needed for Village use; and

 

WHEREAS, the Village received two (2) offers to purchase the parcel and accepted the high bid from Cherry Valley Hardware, which is set forth in a proposed contract of purchase and sale, entitled “Contract of Sale,” dated March 2021 (“Contract”), which is subject to certain conditions; and

 

WHEREAS, the Village is selling only a portion of the lot, which must be surveyed and subdivided at the cost of the Purchaser; and

 

WHEREAS, per the vesting deed dated September 22, 2020, the proposed sale requires that the Village provide notice to the Town of Cherry Valley to give the Town 30 Days’ notice of first refusal on part or all of the lot is being sold. This proposed contract to sale is subject to that provision.

 

WHEREAS, consistent with 6 NYCRR 617.7, the Village Board thoroughly considered the reasonably foreseeable potential environmental effects resulting from the proposed sale of the vacant land; and

 

WHEREAS, the Village Board considered an Environmental Assessment Form (“EAF”), carefully considered the criteria set forth in 6 NYCRR 617.7, and has identified the relevant areas of environmental concern; and

 

WHEREAS, the Village Board has considered all the questions in Parts 1 and 2 of the EAF, and has determined that the EAF identified and addressed all areas of concern and none of the potential environmental impacts associated with the proposed sale are significant.

 

NOW, THEREFORE, BE IT RESOLVED, that based upon: the Village Board’s review of the EAF and the conditions set forth in the proposed contract; the Village Board’s independent analysis of the proposed sale; and evaluation of the criteria for determining significance found at 6 NYCRR Part 617.7, the Village Board hereby finds that the Action will not have a significant impact on the environment; and,

 

BE IT FURTHER RESOLVED, that this determination of significance shall be considered a Negative Declaration made pursuant to Article 8 of the Environmental Conservation Laws and the Village hereby determines that the requirements of the regulations promulgated under SEQRA at 6 NYCRR 617.7 have been met; and it is

 

FURTHER RESOLVED, that the Village Board hereby determines that the sale of the .24 acre portion of Tax Map Parcel No. 58.13-1-34.01 will not result in significant adverse environmental effects, and that no environmental impact statement or further SEQRA consideration is required; and it is

 

FURTHER RESOLVED, that the facts and reasons supporting this determination are as follows:

 

1.     There will be no change in the intensity of the use;

2.     The sale will promote maintenance of the site;

3.     The proposed sale of the land:

(a)             is consistent with the community character;

(b)             will not change traffic levels or have a negative impact on infrastructure;

(c)             will not impact public or private wells or water supplies or septic systems;

(d)             will not impact historic, archaeologic, architecture or aesthetic resources;

(e)             will not have an adverse impact on natural resources (wetlands, waterbodies, etc.);

(f)              will not result in an increase in erosion, flooding or drainage;

(g)             will not cause a hazard to environmental resources or human health;

(h)             will not have an adverse impact on any Critical Environmental Area or the environmental characteristics of the neighborhood.

 

BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately.

 

WHEREUPON, this Resolution was declared adopted by the Village Board of the Village of Cherry Valley:

 

            Trustee Harvey so moved; Trustee Feulner Seconded, and the Village Board voted as follows:

 

Trustee Ian Feulner                            Yes

Trustee Edward Harvey                      Yes

Mayor Louis A. Guido                       Yes

 

OTHER BUSINESS

 

            Rick DeAngelo discussed his concerns about the speeding that is happening at the entrance to the Village.  Motion made by Trustee Feulner, seconded by Trustee Harvey, unanimously carried to request the New York State Department of Transportation (NYSDOT) to do a study of the speeds coming into the Village on State Highway 166.

           

Mayor Guido reported that there was not enough interest in the Community Garden therefore it will not be done this summer. 

Mayor Guido would request that Attorney Clarke draw up an agreement for Greg Noonan to have a right of way up the drive to the Water Tank to access his property. Additionally he requested to have him complete the transfer on the property from the Presbyterian Church to the Village for an extension of the cemetery.

 

Mayor Guido would like to have new No Parking, No Snowmobiles on Sidewalk, Cemetery, Handicap and Hydrant Flushing signs made.

Mayor Guido reported that the Outdoor Games competitions will be held, but no spectators will be allowed.  They will provide their own security to make sure that no one enters the area during the games that is not authorized to be there.

Mayor Guido would like to have an ordinance to not allow tractor trailers on Montgomery and Church Streets except for local deliveries.

Mayor Guido would like to reinstate the Village Planning Board.  This will be done at the Annual Meeting.  There are three volunteers for it at this time, Ashlee Cornelia, Wendy Reich and Steve Thomas.

Mayor Guido is going to contact NYSDOT about the traffic lights at the intersection on State Highway 166.

 

Susan Mattice has requested to have the weekend cemetery fees waived for a cremation burial to be done in June, 2021.  The family will fill in the burial site following the burial of the cremains.  Motion made by Trustee Harvey, seconded by Trustee Feulner to waive the weekend fees for this burial as no Village staff will need to be available at the time of the burial.

 

Martha Sherwood is not available to act as an Election Inspector at the Election on March 16, 2021.  Motion made by Trustee Feulner, seconded by Trustee Harvey, unanimously carried to appoint Ashley Clements and Dorothy Reiberg as Election Inspectors.

 

AUDIT OF CLAIMS

 

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

 

General Fund

Ch. #’s 14484-14522

$12,769.76

Water Fund                                            

Ch. #’s 14484-14522

$6,301.33

Total Fund

Ch. #’s 14484-14522

$19,071.09

Trust and Agency Fund

Ch. #’s 1965 & Auto deductions

$2,007.44

 

 

Budget Modifications

To                                                                    From                                                              

A9060.8                      $900.00                       A1990                         $900.00

FX9060.8                    $300.00                       FX1990                       $300.00

FX8330.4                    $3200.00                     FX1990                       $3200.00

Budget Amendments

From                                       To                                            To                                             

None

 

ADJOURNMENT

 

            The meeting adjourned at 7:44 PM upon motion of Trustee Feulner, seconded by Trustee Harvey, unanimously carried.

 

Respectfully Submitted,

 

 

Amy S. Herr, Clerk-Treasurer

March 18, 2021