March 2021 Meeting 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.




Checking Account


03/01/21 Balance







Total Fund



Trust & Agency



Savings Accounts     


03/01/21 Balance

Water System Repair Reserve



Cemetery Capital Reserve



Unemployment Insurance Reserve



Water Debt Service Reserve



Parks & Recreation Reserve



Sidewalk Repair & Replacement Res



General Fund Savings






Taxes Unpaid 2/1/2021

Water Unpaid 2/1/2021




Paid in February



Billed in February



Unpaid 3/1/2021




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




            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.




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





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




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




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



            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.




            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




            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.




            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


Water Fund                                            

Ch. #’s 14484-14522


Total Fund

Ch. #’s 14484-14522


Trust and Agency Fund

Ch. #’s 1965 & Auto deductions




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                                             





            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

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