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TOWN BOARD MINUTES - July 10, 1997

The regular Town Board meeting of the Town of St. Johnsville was held July 10, 1997, at 7:00 p.m., Town Hall, 7431 STHWY 5,  St. Johnsville, NY 13452

Present:  Rose Jubar, Supervisor; Clifford Heroth, Councilman; Randy Dygert, Councilman; George Matis, Sr., Councilman;  Ronald Hezel, Councilman; Lynn Stever, Town Clerk

Absent:  Peter Battisti, Sr., Highway Superintendent

Public:  Mat Rapacz, Linda Kellett, George Jubar, Frances Matis, Dick & Debbie Mosher, Ralph George, Donnalyn Shuster, Joseph Kuntzsch, Glenn Chandler, and representatives from New York State Electric & Gas, Nicki Murphy, Bruce D. Rolosor and Cris Given.

Meeting called to order 7:00 p.m.

Salute to the Flag.

Roll Call - all present.

Adopt Agenda - motion by Matis to accept, then withdrawn.  Motion by Hezel, seconded by Matis to add the following to the agenda, under Old Business-Small Claims and under New Business-Fulmont Ready Mix, Inc.  Motion passed 4-1, Jubar voting no. (Res. #97-222)

Public Comment - Martin DuBrava said  FRM, Inc. on Monday at 5:30 p.m. had so much dust from the silo and loading cement that he thought there was a fire.  He confronted one of the employees and he ignored Mr. DuBrava and drove away.  He said the dust is a constant problem, and it is the second time this has happened this year.  Supervisor Jubar asked him to get a truck number if it happens again, and call the manager.   DuBrava also said that the diesel smoke from the trucks and the front end loader  continue to be a problem.   Councilman Heroth asked whether they are using the driveway next to his home and whether they are wetting down the driveways.  DuBrava said they do not use the driveway next to his home, however, they are not keeping the roadways watered down. 

Ralph George read a newspaper article to the board regarding the covering of trucks for transporting trash, etc. with $1,000 fines, and asked why  the trucks who pass through St. Johnsville are not covered and nothing is done.  He also stated that Fulmont Ready Mix, Inc. is starting at 5:30 a.m.; he feels the “Quiet Time” in the Land Use Law should be changed to allow work between 7:00 a.m. and 5:00 p.m. on weekdays, and 7:00 a.m. through 12:00 p.m. on Saturdays.  George also stated that he contacted Joseph Sokol, Planning Board, on changing the quiet time, but Sokol never got back to him.

Richard  Mosher addressed the board regarding Benchmark violating the “Quiet Time” starting work at 4:05 a.m. and working until 8:00 p.m.

Presentation from representatives of New York State Electric & Gas Co. - Nicki Murphy, Bruce Roloson  & Cris Given gave a  presentation on the benefits of a natural gas franchise for the Town of St. Johnsville.  They stated that they have been contacted by a large company located within the Village limits who is interested in natural gas.  If a franchise is granted, they  would come into the village the first year with further expansion as needed over five years.  They are requesting that the Town of St. Johnsville grant them  a public hearing for a possible natural gas franchise in the Town.  They stated that they will be meeting with the village for a presentation next week, and if agreeable with both the Town and the Village, a joint public hearing could take place.  The board addressed various questions to the representatives regarding the franchise, and a decision on granting a public hearing will be discussed later in the meeting. 

Clerk Minutes/Correspondence - minutes of June 12, 1997; Jubar requested that the clerk change the minutes to show a remark made by Hezel is incorrect, that the Highway Superintendent, to her knowledge, has not been tested twice by Newport Alliance.  Hezel objected saying that he did make that statement, and the clerk cannot change a statement made by him, whether his statement was correct or incorrect.  Motion by Hezel, seconded by Matis to accept as written, passed 4-1, Jubar voting no. (Res. #97-223)

Correspondence -

-June 1997 Town Clerk’s Monthly Report & Check to Supervisor.

-Board of Appeals decision #003/97, Bradt & Moore granted.

-Board of Appeals decision #004/97, Nugent denied.

-Planning Board Minutes of 6/3/97 & 6/24/97.

-7/1/97 Certified letter from Adirondack-Appalachian Emergency Medical Service  for helicopter service to Montgomery County.

-7/1/97 letter from New York State Electric & Gas regarding a natural gas franchise.

-Final Conrail judgment.

-Abstract A-6 & DB-6 have been changed by the Supervisor in the amount of $72.94 representing the Highway Superintendent’s telephone charges.  Board approved charging account A5010.4, however, Supervisor changed it to DB5110.4 but did not enter her changes on the Town Clerk’s abstract copies.  (DB-6 check #2717).

-Clerk reported that the Highway Superintendent would not be coming tonight, however, he asked  for her to bring to the board his request to attend the Highway Superintendent’s conference in the Catskills in September.

-7/10/97 letter from Norman Mastromoro regarding Fulmont Ready Mix, Inc. proposal.

Code Enforcement Officer’s Report - distributed and read by the C.E.O.  In the opinion of the Supervisor another building permit should not have been issued to Bradt and Moore after the Board of Appeals granted variance #003/97.  The C.E.O. disagreed, saying that the original permit was issued by Cyrus Frasier when he was not the Code Enforcement Officer, and the original permit stated a greenhouse only,  and the variance was granted for a greenhouse & coffee/sandwich shop.

Highway Superintendent’s Report - none, absent.

Planning Board Report - none, absent.

Supervisor - 6/97 report & check to Clerk and board members.

-6/97 Trial Balance to board members.  Hezel asked for an explanation on why the Supervisor did not include the account names on the account numbers.  Supervisor Jubar said she did not do it because it is more work and for Hezel to look in the budget.  Hezel said the account numbers are not the account numbers in the adopted budget; Jubar said they are the account numbers in the Budget Officer’s  budget.

-Town Historian report update.

Old Business

·       Transfer P/T  $700.00 - Supervisor Jubar reported that the Evening Times called and wants to know when they will be paid.  Hezel stated that account B6410 as stated on the proposed transfer is not an account number in the budget, nor is it an approved state code number.  Jubar stated that B6410 has been the publicity account for Part-Town in the Town of St. Johnsville’s budgets for many years.  She also stated that she is the Fiscal Officer and is responsible for the correct account numbers to be charged and the board’s responsible for money only.  Motion by Heroth,  to approve the attached transfer, no second received. 

·       Cost of Perk Testing - Code Enforcement Officer, Joseph M. Kuntzsch had previously requested that the Town of St. Johnsville split the cost of perk testing with the property owner 50/50.  Discussion followed with Jubar stating she feels the cost is the property owner’s responsibility; Dygert stating that he agrees; and Hezel stating that he is in favor of a 50/50 split between the Town and the property owner because it would encourage development, and that on the County level they subsidize for garbage and feels it would benefit the Town.  Motion by Dygert, seconded by Heroth to accept the contract with the Montgomery County Soil & Water Conservation for perk testing, with the cost the responsibility of the property owner, passed 3-2, Hezel & Matis voting no. (Res. #97-224)

New Business

·       Street Light - request by Leo Mancini to turn on street light pole #538.  Hezel requested to also turn on the street light located on the curve by the West St. Johnsville Cemetery on STHWY 5, and he will get the pole number for the Clerk.  Motion by Jubar to turn all street lights on in the Town of St. Johnsville that have been turned off, no second received.  Motion by Dygert, seconded by Hezel, to turn on street light #538 as requested by Leo Mancini and the street light as requested by Hezel by the West St. Johnsville Cemetery curve along STHWY 5, passed 5-0. (Res. #97-225)

·       NYS Electric & Gas Franchise - discussion followed.  Motion by Matis, seconded by Hezel to grant a public hearing for the Town of St. Johnsville regarding a franchise with New York State Electric & Gas on August 14, 1997, at 6:30 p.m., Town Hall; passed 5-0. (Res. #97-226)  Motion by Hezel, seconded by Matis  to amend the above resolution that the Town of St. Johnsville welcomes the Village of St. Johnsville to hold a joint public hearing with the Town; with the date and time to be set by the Mayor and the Supervisor, if a joint meeting is agreeable; passed 5-0. (Res. #97-227) 

·       Highway Superintendent’s Conference - motion by Hezel, seconded by Dygert, to approve the Highway Superintendent to attend the annual Superintendent’s Conference in the Catskills in September 1997; passed 5-0. (#Res. #97-228)

·       *Hezel’s additions to the agenda*

Old Business

·       Small Claims - motion by Hezel, seconded by Dygert, to have the Clerk notify Attorney Mastromoro to represent the Town Board on the small claims brought against the town by the Code Enforcement Officer, Joseph M. Kuntzsch, regarding nonpayment for his services for the first half year he worked, even though the board approved payment, to insure justice is done and the Code Enforcement Officer is paid in full; passed 4-1, Heroth abstained. (Res. #97-229)

New Business

·       Fulmont Ready Mix, Inc. - Board of Health Commissioner, Ronald Hezel, presented copies of a letter he received by FAX from Norman Mastromoro regarding Fulmont Ready Mix, Inc. Resolution of Pending Litigation.  Motion by Hezel, seconded by Dygert, that as Commissioner, he be authorized to notify Norman Mastromoro that the Town Board agrees with the changes as Attorney Mastromoro suggested and if acceptable with Fulmont, for Hezel, as Board of Health Commissioner, to sign the Stipulation & Order #960669, passed 3-2, Heroth & Jubar abstained. (Res. #97-230)

Discussion - none.

Other - none.

Public Comment - George Jubar suggested that the Town Board ask Niagara Mohawk Power Corporation to do an audit on the street lights in the Town of Johnsville, because if they are so concerned about taxpayer’s dollars, there are lights on that the Town is not paying for.  

Glenn Chandler, Board of Appeals Member, spoke regarding the variance granted on Appeal #003/97 for Todd Bradt & Sandra Moore.  He stated that initially the original permit was for a greenhouse, and that the coffee/sandwich shop was added later.  Supervisor Jubar believes that the second building permit should not have been issued, because the variance was granted.  Joseph Kuntzsch, Code Enforcement Officer,  said he does not believe Cyrus Frasier was the Code Enforcement Officer at the time he issued the first permit.   Councilman Hezel stated that the variance granted okays the owner to build;  however,  Bradt must now obtain a building permit for that from the Code Enforcement Officer.  He also stated that a variance does not speak about safety and building codes, the variance only states that Bradt can build the proposed greenhouse & coffee/sandwich shop, but the Code Enforcement Officer must then issue a building permit and follow codes. 

Ralph George addressed the board again about the quiet time in the Town of St. Johnsville.  He stated that this is the second meeting he has brought this up along with the trucks not being covered and excessive speed along STHWY 5,  and would like something done.

Motion to audit by Heroth, seconded by Dygert, no vote taken.

Motion by Hezel to accept all bills as presented on abstracts, no second received.

Heroth requested to review the bills, with Hezel stating that he had all week to come in and review the bills.  Supervisor Jubar and Councilman Heroth reviewed the abstracts and vouchers.

Motion to accept the audit by Heroth, seconded by Dygert, passed 3-0*. (Res. #97-231)  *Hezel & Matis left the meeting.

Audit:         Abstract A7    (106-119)    $ 2,118.10    (+$589.96 Pd. Prior To Audit)

                  Abstract B7    (32-36)         $ 3,484.85

                  Abstract DB7 (86-102)       $ 5,121.15    (+$619.92 Pd. Prior To Audit)

*Bills Received from Supervisor Jubar at 7/10/97 meeting, to be on August 1997 Abstracts:

     Blue Cross/Blue Shield      A 9060.8  Ck#12412   $557.96 Pd. Prior To Audit

     Niagara Mohawk               B 3620.2  Ck#7093     $226.55 Pd. Prior To Audit

     Blue Cross/Blue Shield    DB 9060.8  Ck#2722    $619.92 Pd. Prior To Audit

     Mohawk Valley Tire               -                 -           $ 70.00

Motion to accept the audit by Heroth, seconded by Dygert, passed 3-0* (Res. #97-232) *Hezel & Matis left meeting prior. 

Motion to adjourn by Dygert, seconded by Heroth, passed 3-0* (Res. #97-233) *Hezel & Matis left meeting prior.

Meeting adjourned 9:30 p.m.

Submitted by: Lynn M. Stever Town Clerk

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TOWN BOARD MINUTES - June 12, 1997

The regular Town Board meeting of the Town of St. Johnsville was held June 12, 1997, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, New York

Present:  R. Jubar, Supervisor; C. Heroth, Councilman; R. Dygert, Councilman; G. Matis, Sr., Councilman; R. Hezel, Councilman; L. Stever, Town Clerk; P. Battisti, Highway Superintendent

Public:  Linda Kellett, Mat Rapacz, George Jubar, Ralph George, Martin DuBrava, Todd Bradt & Boy Scout Troop #72

Meeting called to order 7:05 p.m. immediately following quarterly Board of Health Meeting.

Salute to the flag.

Roll Call - all present.

Adopt Agenda - motion by Hezel, seconded by Matis, to include the following additions to the agenda:  (Old Business) Capital Account, Code Money, Financial Report, Investment Record, Investment Policy, Codes Law, Small Claims & Budget Stipend; (New Business) Note, Audit, Newport Alliance, Workday-Superintendent, Teleconference-Wed. 6/11/97, Schedule of Expenditures, Street Light, Creek, Budget, Trash,  & Land Use (if not covered on Supervisor’s proposed agenda).  No discussion, motion passed 3-2, Jubar and Heroth voting no. (Res. #97-209)

Public Comment - none.

Minutes - Motion by Hezel, seconded by Matis to accept.  Discussion followed with Supervisor Jubar stating that on page 2 it states that she was given a check from Peter Battisti, Hwy. Superintendent;  however, she said the check was given to her by the Town Clerk.  Motion passed 3-2, with Jubar & Heroth voting no. (Res. #97-210)

Correspondence -

-5/97 Town Clerk’s Report & Check to Supervisor.

-5/13/97 letter from Mont. Co. Planning & Development to R. Hezel regarding zoning amendments to the Land Use Law.

-5/21/97 Zoning Coordination Referral.

-6/5/97 NYS Electric & Gas letter regarding the possibility of a natural gas franchise in the Town of St. Johnsville.

Code Enforcement Officer’s Report - copies of report distributed to board members and clerk and read by the CEO.  Discussion followed regarding the proposed changes of a reduction in the fee for septic permits to $10.00 (currently $25.00), and the Town of St. Johnsville to share the cost of perk testing with the property owner.  Jubar stated that not a town in the county shares the expense of perk testing with the property owner and that in her opinion, it is entirely the developers responsibility and would not be a good economical stance for the town to take.  Kuntzsch said he feels it would benefit the town because it has never been done right, and if done right from the beginning, it would benefit the township.  Kuntzsch also stated that Cyrus Frasier,  the ex-CEO, could not perform perk tests legally.  Jubar stated that he was a certified CEO and could perform perk tests; she asked if he had any complaints that they were not done properly and can he substantiate what he is saying.  Jubar also asked Kuntzsch who performed his perk test; Kuntzsch said he didn’t know if it was even done, to ask Cyrus Frasier.  Motion by Matis to table any further discussion.  Supervisor Jubar said he cannot table because there is no motion, it was only discussion.

Hwy. Superintendent’s Report - nothing to report.

Planning Board Report - none, Sokol absent.

Supervisor’s Report -

-5/97 Monthly Report to Clerk & Board Members.

-5/97 Financial Statement to Board Members. 

-Letter from the Town of Manheim, planning Bi-Centennial Celebration 7/25-7/27/97 and are asking participation by the Town of St. Johnsville.

-Zoning Referral (dated 5/15/97)

-Letter dated 5/13/97 from M. Kayes, Mont. Co. Planning & Development to Ron Hezel.

Old Business

·       Motion by Jubar, seconded by Heroth to rescind Resolution #97-196; discussion followed regarding the recommendations from Montgomery County Planning & Development regarding the procedure for the Amendment to the Land Use Law.   Supervisor Jubar said the County Planning Board recommends to rescind the resolution, since it should have gone to Montgomery County Planning & Development first.   Mr. Bradt can file for an appeal with the Board of Appeals, then as soon as the Board of Appeals receives the application form from Mr. Bradt and holds a public hearing, they will render a decision.  Jubar stated that a variance will only grant him to continue his business, but does not grant a district change.  Councilman Hezel disagreed, he stated that from what he has heard the Board of Appeals will deny a variance and then Mr. Bradt would have no recourse.   Hezel feels the Board of Appeals has no recourse but to turn Mr. Bradt down according to the Land Use Law, and that the Town Board should not be penalized.   Hezel also feels, that although a longer process,  the path the town tried first is a safer path; he feels it should go back to the Town of St. Johnsville Planning Board for tuning up and be presented again, through the proper procedure.  CEO, J. Kuntzsch said that if the prior CEO had followed procedure, we wouldn’t be in this situation.  Kuntzsch also stated that Mr. Bradt knows his options and believes a variance is the way to go, but he cannot make the decision, Mr. Bradt has to.   Motion passed 4-1, Hezel abstained (Res. #97-211)

New Business

·       Budget Transfer (see attached) of $700.00 from the Appropriated Fund Balance to the Publicity Account B6410  to pay outstanding legal advertising vouchers - discussion followed with Hezel stating that account B6410 is not in the budget.  Supervisor Jubar said it is the publicity account for Part-Town and that Hezel’s budget is not correct, and that the board is not responsible for accounting procedures, only money.  Hezel stated that it is the adopted budget, not his budget.  Motion failed 3-2, with Hezel and Matis voting no and Dygert voting no with the statement that he agreed to the adopted budget.  (Res. #97-212)

Old Business (Hezel’s additions)

·       Capital Account ($40,390.80) - Hezel is still asking the Supervisor what this is for.  Jubar stated that he has been told several times and no change; it is a Capital Account for machinery purchases (new equipment only).  Hezel requested that he see it in writing.  Jubar stated that she was not clerk when it was established, and does not have it.

·       Code Money - Hezel questioned the Supervisor whether the ex-CEO returned money he was paid after being let go.  Jubar stated that it is not on the monthly report.

·       Financial Report - Hezel stated that the January 1997 report is not complete, he questioned the Supervisor where the money is located and wants to see the original documents.  Jubar stated that he has them.  Hezel said they are not the original documents and the photocopies have the bottoms cut off.

·       Investment Record - Hezel stated that through a motion the town asked, as per Audit and Control,  for a record of all investments.  Jubar stated that the board has it and the town has no investments.  Hezel asked if she does not consider Money Market Accounts investments, and wants to see the original documents as the auditors do.

·       Codes Law - Hezel stated that the town passed only a temporary codes law and they need a permanent one.

·       Small Claims - Hezel stated that the small claims case brought against the board by the Code Enforcement Officer, Joseph Kuntzsch, is for non-payment of his services while he was CEO.  He stated that the Supervisor says she pays the bills, and asked if she has paid Mr. Kuntzsch.  Jubar responded do you see it on the report.  Hezel also commented that the board passed a resolution last month which requires account names and numbers be on a financial records, but the Supervisor has not done it, and by her own admission, she changes the numbers and will not do as the board requests.

·       Budget Stipend - Hezel stated that the $1,200 bonus for Budget Officer which the board ruled not to pay has been paid by the Supervisor to herself; Hezel questioned if she has returned the money.  Jubar stated that it is not a bonus, that it is a salary paid to the Budget Officer and it is in the budget.

New Business

·       Hezel stated that in 1996, 24 resolutions dealing with financial actions were ignored by the Supervisor/Budget Officer and he feels this is a town travesty and a mockery of town law.  Jubar stated that she will not follow actions of the board if they are illegal.

·       Audit - Hezel reported that at a teleconference he attended recently,  they said  a board can request to audit all financial records of the town.  Motion by Hezel, seconded by Matis that the Supervisor/Fiscal Officer bring to the July 10, 1997, meeting all financial records and account information that she has in her possession, and the board will review, study and copy the information and plan a course of action to get  the financial condition of the town in order, discussion followed with Jubar stating that she would like the resolution in writing, that Robert’s Rules of Order says all resolutions must be in writing and presented to the Supervisor.  Hezel said it will be in the minutes.  Motion passed 3-2, Jubar and Heroth voting no. (Res. #97-213)

·       Newport Alliance - Hezel asked Jubar where the records are for drug & alcohol testing.  Jubar said  she is the Personnel Officer and the contact person and the information is in the personnel files.  Hezel said their is no such thing as Personnel Officer.  Motion by Hezel, seconded by Dygert to reaffirm Resolution #96-179 (Reference Attorney Opinion #1996-8) dated 6/4/96, discussion followed with Jubar stating that it will not be done, that it is illegal, and that this is finished.  Hezel continued with his motion with a second from Dygert to have Town Clerk send a letter and FAX  to Newport Alliance.  Jubar stated that this would create a problem on the County level.  Dygert asked the Hwy. Superintendent who is the contact person in others towns and he said some are the Supervisor, the Town Clerk or the Hwy. Superintendent.  Hezel said that the board may designate who is in charge of this program, and that the testing is random selection, however,  everyone in this town has been tested and the Hwy. Superintendent has been tested twice.  Hezel stated that another way for testing to take place is if someone calls in a suspicion, then they will be called for a test.  Motion passed 3-2, Jubar and Heroth did not vote. (Res. #97-214)

·       Workday-Hwy. Superintendent - Peter Battisti, Hwy. Superintendent presented a sample of hours worked March 1-March 31, 1997, as requested by the NYS Retirement.  Jubar stated that he received a certified letter from the NYS Retirement requesting this information.

·       Teleconference - Hezel reported that he recently attended a teleconference on the Highway Superintendent and the Town Board responsibilities and that it was a shame that Jubar and Heroth did not attend.

·       Schedule of Expenditures - Mr. Morris from the teleconference said a friendly rapport between the Hwy. Superintendent/Supervisor/Town Board is ideal.  Hezel also stated that Res. #96-116 stated that the Hwy. Superintendent and all Board Members would receive a schedule of expenditures each month.  Jubar said she did give the Hwy. Superintendent this in 1996 and it would be no problem for 1997.    Motion by Hezel, seconded by Dygert, to reaffirm Res. #96-116, no discussion, passed 3-2, Heroth voting no and Jubar not voting.  (Res. #97-215)

·       Street Light - motion by Hezel, seconded by Dygert to turn on street light located across from Palombi’s Garage on STHWY 5 (Pole #54-1), motion passed 5-0 (Res. #97-216)

·       Creek - motion by Hezel, seconded by Matis that the Hwy. Superintendent clean out the creek bed,  when time permits, as requested by Manikas and Palombi.(Res. #96-229 & Town Law 64-11A), discussion followed with Heroth stating that written permission for the town to go on private property is needed, motion passed 3-2, Jubar voting no and Heroth abstaining. (Res. #97-217)

·       Budget - Hezel stated the Supervisor made 21 illegal changes to the adopted budget.  Motion by Hezel, seconded by Matis that the Supervisor follow the Town of St. Johnsville budget as recorded in Fonda, passed 3-2, Jubar and Heroth voting no. (Res. #97-218)

·       Trash - Spring clean-up was very successful and would like to hold a fall clean-up if money permits.  Motion by Hezel, seconded by Matis to have the Town Clerk advertise for bids for a Fall Clean-up using same specifications as for the Spring Clean-up, scheduled for the first week in October; bids to be advertised in August returnable for the September meeting; motion passed 5-0 (Res. #97-219)

·       Land Use - will pass, discussed previously.

Discussion - none

Other - none

Public Comment - Joseph Kuntzsch questioned  if Rose Jubar is the Records Access Officer.  Jubar said no; Hezel responded that is not true, to check the records and it shows three, (Supervisor, Town Clerk & Hwy. Superintendent).

Ralph George said he would like to see the NYS Department of Transportation checking the trucks for coverings and speed  along STHWY 5 west of the village.  He also suggested a speed limit of 30 MPH not 40 MPH from the village to Capece’s warehouse.  He reported that he had two windows broken on two cars from flying stone.

George Jubar stated that he is glad he doesn’t pay town taxes because even though the Spring Clean-Up was a  success, he feels the taxpayers would be better served with a house-to-house pick-up.  Hezel said he also thinks that is a good idea, but the bid received for a house-to-house pick-up was too high.  Jubar suggested possibly putting it on the ballot for November.

Audit - Town Clerk asked what account number to charge $14.53 for the C-S-E, what account number for a MOSA voucher for $287.30 and what to do with the additional bills received today, after the preparation of the abstract.  Abstracts and vouchers reviewed by Heroth & Jubar.  George Jubar requested, as a taxpayer,  that the Town Clerk contact the C-S-E and the Recorder about being charged by the line for legal ads and they are using too large of type and are not filling each line.

Motion to accept the audit by Hezel, seconded by Matis, passed 4-1, Jubar voting no. (Res. #97-220)

Abstract #6A     (Vouchers #   96 - 105)                         $   840.58

Abstract #6B     (Vouchers #    29 - 31)                          $  2983.87

Abstract #DB-6 (Vouchers #    74 - 85)                          $ 3739.16

Adjournment - motion by Dygert, seconded by Heroth, passed 5-0 (Res. #97-221).

Meeting adjourned 8:50 p.m.

Submitted by: Lynn M. Stever - Town Clerk 

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BOARD of HEALTH MINUTES - May 22, 1997

The Town of St. Johnsville Board of Health held a special meeting on May 22, 199?, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, New York.

Present: R. Hezel, Commissioner

G. Matis, Sr., Deputy Commissioner

R. Dygert

C. Heroth

R. Jubar

L. Stever, Secretary

N. Mastromoro, Attorney

Public: Mat Rapacz, Linda Kellett, George Jubar, Carl & Tina Shuster, Donnalyn Shuster, Melanie Shuster, Ralph George & Joseph Mento

Meeting-called to order 7:00 p.m.

Salute to the Flag

Roll Call - all present

Adoption of Agenda - motion to adopt the agenda by Dygert, seconded by Matis, passed 3-2, Heroth abstained and Jubar voting no. (Res. #H97-026)

Public Comment - Ralph George would like the quiet time in the Land Use Law changed to 5:00 p.m. through 7:00 a.m.  Commissioner Hezel suggested that Mr. George attend the Planning Board meeting and suggest the change since they are currently reviewing the Land Use Law, then they will bring any recommendations for changes to the Town Board.  Martin DuBrava is still concerned about the diesel smoke this year when Fulmont Ready Mix, Inc. starts up for the season.  Melanie Shuster asked the board if she should have the Code Enforcement Officer come to her home to document that all her windows have been repaired from the blasting prior to the blasting at the quarry for this year.  Commissioner Hezel said that would be entirely up to her.

Minutes - distributed and read by the Secretary for 4/24/97; Jubar stated that they should read immediately following the Public Hearing, not a Special Meeting.  Motion to accept as written by Matis, seconded by Dygert, passed 3-2, Heroth abstained and Jubar voting no. (Res. #H97-027)

 Correspondence - 3/14/97 letter from Mastromoro to NYS Dept. of Health

- 4/18/97 letter from Mastromoro to Breakell & Couch, P.C.  (F.R.M., Inc.)

- 4/25/97 letter from Mastromoro to Breakell & Couch, P.C.  (F.R.M. , Inc.)

- 5/5/97 letter from Mastromoro to Board Members Re: F.R.M., Inc.

Committee Reports - none.

Commissioner's Comments - none.

Old Business - none.

New Business -

·       Fulmont Ready Mix, Inc. - Commissioner Hezel reported that the meeting held in Judge Best's chambers on May 14, 1997 at 9:30 a.m. was attended by R. Hezel, G. Matis, R. Jubar, J. Kuntzsch & N. Mastromoro. Commissioner Hezel reported that it was a good meeting with everyone talking, cooperating & understanding each other's problems.  Motion by Matis, seconded by Dygert to the following four part resolution:

1. To give Fulmont Ready Mix, Inc. proposal a try; moving sand piles back in the pit, check on different muffler style, fix air bags that filter out dust, and move stone 50-60' further away from neighboring property lines.

2. Board of Health to withdraw 2/97 resolution,

3. Fulmont Ready Mix, Inc. to drop pending litigation against the Board of Health.

4. Without waiver of any rights of the Board of  Health to perform it's duties.

Motion passed 3-2, Heroth abstained and Jubar voting no.(Res. #H97-028)

·       Hezel asked Attorney Mastromoro if Fulmont Ready Mix, Inc. refuses this, can the board take action now instead of calling another meeting Mastromoro suggested that the board draw up a resolution directing him what to do.  Hezel moved that Mastromoro inform F.R.M., Inc. as part of communication with above, that if they have a problem with this resolution, they are invited to attend the quarterly meeting of the Board of Health on June 12, 1997, at 6:30 PM., seconded by Dygert, passed 3-2, Heroth abstaining and Jubar voting no. (Res. #H97-029)

Other - none.

Public Comment - Martin DuBrava spoke regarding the fuel injectors in the equipment, saying he believes that they have never been changed. He also stated that cement is being dumped into the trucks and it goes all over.  Joseph Mento feels Mr. DuBrava is right about the injectors and also said that when the trucks exit the F.R.M. , Inc. property, they get a lot of dust from the roadway.  Ralph George said he would still like the quiet time changed. Motion by Dygert seconded by Matis to adjourn passed 5-0.(Res. /1H97-030)Adjourned 7:59 p.m.

Submitted by: Lynn M. Stever - Board of Health Secretary

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TOWN BOARD MINUTES - May 8, 1997

The Regular Town Board meeting of the Town of St. Johnsville was held May 8, 1997, at 7.00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY

Present: R. Jubar, Supervisor

C.    Heroth, Councilman

R.    Dygert, Councilman

G.    Matis, Sr., Councilman

R.    Hezel, Councilman

L.    Stever, Town Clerk

Absent: P. Battisti, Hwy. Superintendent

Public: Mat Rapacz, Linda Kellett, Ralph & Lila George, Martin DuBrava, Joseph Kuntzsch, Sandra Moore, Todd Bradt, Frank Bradt, George Jubar, Donnalyn Shuster, Melanie Shuster & Marcel Falcon

Meeting called to order 7:00 p.m.

Salute to the Flag.

Roll Call

Adoption of Agenda - Councilman Hezel proposed the following additions to the Agenda:  (Old Business) Capital Account, Code Money, Audit Report, Financial Report, Town Records, Investment Record, Mining, Investment Policy, Codes Law; (New Business) Fulmont Ready Mix, Inc, Small Claims, Resolutions 96-323 & 324, Niagara Mohawk Power Corporation, Financial Report 3/31/97, & Other.  Motion to approve agenda with above additions by Matis, seconded by Dygert, passed 3-2, Heroth & Jubar voting no. (Res. #97-194)

Public Comment - Martin DuBrava said he is still concerned about the diesel smoke from Fulmont Ready Mix, Inc. & the sand pile is 3/4 of the way down the driveway.  Melanie Shuster expressed her pleasure that three members of the board agreed not to hold an executive session with FRM and also questioned where the town's money is if they have no investments.

Clerk Minutes/Correspondence - Minutes of 4/10/97 & 4/24/97; motion by Hezel, seconded by Matis to accept.  Supervisor Jubar stated that the 4/24/97 meeting was a public hearing not a special meeting.  Vote passed 3-2, Jubar voting no and Heroth abstaining (Res. #97-195)

Correspondence:

·       4/97 Town Clerk's Monthly Report & Check to Supervisor.

·       $609.44 refund check #080-528242 from Agway presented to Supervisor from P. Battisti, Hwy. Superintendent.

·       Sale of scrap metal $101.70.

·       Summons for small claims court (Joseph M. Kuntzsch vs. the Town Board) scheduled for 5/28/97 7:00 p.m.

·       Board of Appeals (Anthony Kerzic) agreed to an appointment of another term.

·       Planning Board (Paul C. Flanders) declined another term, unless they are unable to replace him.

·       Montgomery County Soil & Water Conservation Contract for Perk Testing; letter from Joseph M. Kuntzsch, C.E.O. requesting to hold off on signing contract. 

Code Enforcement Officer's Report - dated 5/14/97, distributed and read by C.E.O.

Hwy. Superintendent's Report - none, absent.

Planning Board - none, absent.

Supervisor -

·       Monthly Statement for 4/97 to Clerk & Board Members.

·       Financial Statement 4/30/97 to Board Members.

·     Letter to Norman Mastromoro from Supervisor Jubar, with copies to Clerk & Board Members dated 5/6/97 regarding the small claims case brought against the board by Joseph M. Kuntzsch, stating that Justice Circhirillo will be requesting Judge Sise to refer this to another court and that Attorney Mastromoro will be representing the Town of St. Johnsville in this case.

·     Letter dated 5/7/97 from Justice Circhirillo to Supervisor Jubar regard­ing the change of court request sent to Judge Sise.

Old Business

·       Resolution Amending Land Use Law of 1993 - Motion by Dygert, seconded by Matis to accept.  Discussion followed, vote passed 4-1, with Jubar voting no, with a notation by Hezel that the procedure for the County Planning Board be checked; whether it should go to them first for their approval & then back for the town's vote, or if the town votes first. Supervisor Jubar stated that she feels this resolution does not help these people because they are still required to obtain a variance. Motion attached; (Res. #97-196)

·       Montgomery County Soil & Water Conservation Contract for Perk Testing - motion to table signing of the contract, as requested by C.E.O., until June to allow the C.E.O. to obtain further information, motion by Dygert, seconded by Matis, passed 5-0. (Res. #97-197)

New Business

·       Marcel Falcon - Supervisor Jubar said a letter dated 5/1/97 from Michael Kayes, Montgomery County Planner to the Planning Board and Marcel Falcon was not read as correspondence by the Clerk.  A lengthy discussion took place between the Town Board & Mr. Falcon regarding land use restric­tions in his deeds and other deeds for property owners on Matis Rd. Supervisor Jubar said the town does not restrict areas of the town for certain types of homes, the Planning Board reviews the Land Use Law and proposes any changes.  Mr. Falcon feels the resolution passed tonight amending the Land Use Law is the same as deed restrictions.  Hezel stated that the resolution passed tonight was passed as a legislative body, however, what Mr. Falcon is asking the town to do is enforce individual deed restrictions.  It was agreed that Mr. Falcon & the board will look into this matter further.  Mr. Falcon did state that if the town allows another trailer in the Matis Road subdivision, he will bring legal suit against the town.  Supervisor Jubar stated that land was subdivided prior to November 1993, when the town adopted regulations governing subdivisions and at that time, subdivisions were filed with the county only for tax mapping purposes.

·       Resolution Supporting the City of Little Falls in their efforts to Keep the J.C. Penny Store Open -  motion by Jubar, seconded by Heroth, discussion followed with Dygert asking when Heroth seconded the motion. Supervisor Jubar said she sponsored it and called Councilman Heroth & he agreed to second it, prior to the meeting.  Councilman Matis suggested removing Jubar's & Heroth's name as sponsoring this resolution and he would Sponsor it, so it was done at this meeting.  Supervisor Jubar said no, the motion will remain sponsored by Jubar and seconded by Heroth, vote passed 5-0. (Res. #97-198).  Clerk -to forward to J. C. Penny Co. Corporate office and to City Clerk, Little Falls, NY.

Additions to the Agenda:

Old Business:

·       Capital Account - $40,226.84, Hezel questioned whether the Fiscal Officer came up with any more information regarding this account.  Hezel stated that on 1/4/90 the Supervisor transferred the town's money to savings accounts without board approval.  Supervisor Jubar said she is not the keeper of the records for the Town of St. Johnsville, that the lock was changed on the records room and she does not have the records.

·       Code Money - Hezel questioned the Supervisor whether the money she paid Cyrus Frasier has been returned to the Town.

·       Audit Report - Hezel stated that an official response is requested and he questioned whether anyone is doing anything or just ignoring it.

·       Financial Report - Hezel said the report filed in January 1997 is not complete, the Supervisor must supply all records to substantiate the report. 

·       Town Records - in a previous resolution the board requested that all financial records and other records be returned to the Clerk.  Supervisor Jubar said the Clerk gets copies of all letters and contracts.  Hezel quoted a newspaper article from 1988 when Jubar stated the office should not be in the home.  Jubar said at the time she  was speaking of the Town Clerk's office, not the Supervisor's office.  Jubar also stated she does not have any town records.

·       Investment Record - Hezel said he has yet to see any money market accounts.  Audit & Control said a Money Market is an investment & if the board requests to see them, they can.  Supervisor Jubar said they are not Money Market Accounts, they are Community Development Accounts.  Hezel asked if the bank sends the Supervisor a statement for interest.  Supervisor Jubar did not answer and moved on to the next topic.

·       Mining - Hezel questioned the status of Rifenburg's Property.  Sup­ervisor Jubar said he was asking the wrong person.  Hezel said the Supervisor has a copy of the site plan and asked if she would share it with the other board members; Supervisor Jubar said no it's not the board's jurisdiction.  Hezel said it is a town record and you just said you don't have any town records.

·       Investment Policy - Audit & Control said there should be a revision to the Investment Policy.

·       Codes Law - the Town Board passed a "Stop Gap Codes Law" enabling the C.E.O. to enforce the law, with the idea that the board would be working towards an enabling law.  Supervisor Jubar requested a copy of the "Stop Gap Codes Law".

New Business:

·       Fulmont Ready Mix, Inc. - Hezel brought up correspondence received

    from Attorney Mastromoro regarding F.R.M., Inc.

          -4/25/97 letter from Mastromoro to Breakell & Couch

          -5/5/97 letter from Mastromoro to Town Board suggesting possible pre-trial                   compromise in Judge Best's chambers 5/14/97 9:30 a.m.

          -Motion by Hezel, seconded by Dygert to send at least two people, Ronald Hezel as the Board of Health Commissioner & Rose Jubar as the Town Supervisor, to           represent the Town, to deal with problems of Fulmont Ready Mix, Inc. Also to           request the C.E.O./H.J.I, Joseph Kuntzsch to be in attendance, if recommended      by attorney and to additionally ask for George Matis, Sr. as an alternate in case           one cannot make it, passed 4-1, with Heroth voting no. (Res. #97-199)

·       Small Claims Case - Joseph Kuntzsch vs. the Town of St. Johnsville Town Board.  Hezel questioned why the C.E.O. wasn't paid when approval of audit was 5-0 and also the attorney wasn't paid.  Hezel said the Supervisor had no authority to direct Attorney Mastromoro to handle this small claims case without board approval, correspondence received from Attorney Mastromoro said that Joseph Kuntzsch should be paid as C.E.O. so why would the Super­visor ask that he represent the town.  Supervisor Jubar said all that business was done at an illegal meeting and she will not pay the C.E.O.

·       Res. #96-323 & 324 - Hezel said the board passed a resolution trans­ferring $1,200 to the Contingency Account from the Budget Officer's salary for the 1997 budget; however, Supervisor Jubar paid herself as Budget Officer $300 as of the last trial balance.  Supervisor Jubar said it was an illegal transfer.  Motion by Hezel, seconded by Matis that Res. #96-323 & 324 are effective today, that this board has and will not provide the Supervisor with bonus money of $1,200 for Budget Officer.  Supervisor Jubar said the motion is illegal based on what information she has, vote passed 3-2, with Hezel, Dygert and Matis voting yes, while the Supervisor stated they are out of order.  Hezel said the Chairman cannot prevent a board member from speaking.  Jubar and Heroth did not vote. (Res. #97-200).

·       Niagara Mohawk Power Corp. - Hezel addressed the accusations made by a member of the public at the last meeting, stating that Hezel lowered the budget by using the $36,000 refund from NI-MO.  Hezel stated that the budget was completed prior to the Supervisor notifying the board of this $36,000 refund.  Hezel also questioned how a vendor can overcharge all these years and the Supervisor not  be aware of it, and also how the C.E.O. can’t get paid, but Cyrus Frasier does get paid even when the board says no, and also how she pays herself as Budget Officer when the board said no.

·        Financial Report - Hezel questioned account #'5 A1355.l in the budget as $2,800; however, it jumped up to $6,934.00 on account sheet #3 of April. Hezel said the account numbers and amounts have been adopted as the Final Budget for 1997 and cannot be changed.  Supervisor Jubar said that budget is not the Budget Officer's budget.  Hezel said last month (4/97) money was transferred to A35lO.2 which is equipment;  Supervisor Jubar said no it is the animal shelter contract.  Hezel said the Supervisor/Budget Officer must use the adopted budget for the Town and  cannot change account numbers without board approval.  Motion by Hezel, seconded by Matis that anytime a budget account code number is used, it must also include the title of that account, including monthly reports, passed 3-2, Heroth abstained & Jubar did not vote. (Res. #97-201)  Hezel said B3620.2 is C.E.O. Equipment and should be zero; Jubar said it is street lighting and she has the authority to change it. Hezel stated that there are twenty-one illegal changes in appropriations and only God and Jubar know where the revenues are.  He also publicly stated that he will be running for the position of Supervisor for the Town of St. Johnsville in November and asked for the support of the people.

Public Comment - Melanie Shuster stated it is entirely illegal for the Supervisor to change account numbers in an adopted budget.  The Supervisor's proposed budget would have raised taxes 700%; with Hezel reworking the budget, it was reduced to a 100% increase over 1996, and she feels she can live with that.  She also stated that the audit report criticizes the entire board as a whole.  The $36,000 refund for overcharges from NI-MO came about as a result of Ralph George and Joseph Mento requesting NI-MO information. She also asked the board who the keeper of the records is.  She also stated that the funds in Community Development are not covered by F.D.I.C., and feels Supervisor Jubar is not qualified to reinvest the town's money from CD's paying 12% to Savings Accounts paying 1%.

Joseph Kuntzsch questioned the board whether it will be necessary to make a budget transfer for him to be paid.  Supervisor Jubar said yes, if you get paid.

Motion by Heroth, seconded by Dygert to audit, passed 5-0. (Res. #97-202)

Motion by Hezel, seconded by Matis to accept the audit.  Supervisor Jubar said the bills were not audited; Hezel said yes they were according to last month's resolution regarding audit procedure, board members  are to stop in the Clerk's office to review the vouchers and the vote will be on the prepared abstracts.  Vote passed 3-2 to accept the audit, Heroth & Jubar voted no. (Res. #97-203)

Motion by Hezel, seconded by Matis to audit the additional bills that came in after Wednesday, May 7, 1997, passed 4-1, Heroth voting no. (Res. #97-204)

Motion by Dygert, seconded by Matis to accept the additional bills for audit, passed 3-2, Heroth & Jubar voting no. (Res. #97-205)

Motion by Hezel, seconded by Dygert to go back into Regular Session, passed 3-2, Heroth & Jubar not voting. (Res. #97-206) Supervisor Jubar stated they cannot go back into Regular Session that the meeting is adjourned and a vote to adjourn is not needed.

Motion by Dygert, seconded by Hezel to accept the contract with Waste Management for Spring Clean-Up as presented, passed 3-0, Heroth & Jubar did not vote, they left the meeting. (Res. #97-207)

Motion to adjourn by Hezel, seconded by Matis, passed 3-0. (Res. #97-208)

Meeting adjourned at 9:30 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES - April 10, 1997

The regular Town Board meeting of the Town of St. Johnsville was held April 10, 1997, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, New York.

Present:  Rose M. Jubar, Supervisor; Clifford M. Heroth, Councilman; Randy A. Dygert, Councilman; George Matis, Sr., Councilman; Ronald A. Hezel, Councilman; Lynn M. Stever, Town Clerk; Peter D. Battisti, Sr., Highway Superintendent

Public:  George Jubar, Sandra Moore, Todd Bradt, Ali & John MacDonald, Ralph & Lila George, Melanie Shuster, Leo Mancini, Joseph Sokol, Martin DuBrava, Julie Becker, Frank Bradt, John Dohne, Mat Rapacz &

Meeting called to order 7:00 p.m.

Salute to the Flag

Roll Call - all present.

Adoption of Agenda - Hezel moved to amend the agenda with these changes, Old Business:  Abstract, Capital Account, Code Money, Audit Report, Financial Report, Investment Record, Mining, Investment Policy.  Under New Business:  Fulmont Ready Mix, Inc., State Comptroller & Other, seconded by Dygert, passed 3-2, Heroth & Jubar voting no. (Res. #97-173)

Public Comment - Melanie Shuster again addressed the board regarding the transfer of town money on 4/1/90 without board approval, the money paid to the ex-CEO Cyrus Frasier by the Supervisor, vouchers not paid last month (Ayres Memorial Animal Shelter, Joseph Kuntzsch, CEO), etc. and asked that her letter be put in the minutes for official record. 

Ali MacDonald addressed the board regarding a previous letter which appeared in the Courier-Standard-Enterprise from Councilman Hezel, in her opinion, she was denied a rebuttal from the C-S-E and is responding  to Hezel’s letter tonight and provided the Clerk with copies for  the public’s information.

Clerk Minutes - Minutes of March 13, 1997, Regular Town Board Meeting and the March 27, 1997, Special Town Board meeting  passed with a motion by Hezel, seconded by Matis, passed 3-2, Heroth & Jubar voting no. (Res. 97-174.   Supervisor Jubar stated she feels a lot was missing from the minutes of the Special Meeting/Public Hearing on March 27, 1997.

Correspondence: 

-March 1997 Town Clerk’s Monthly Report & Check to Supervisor.

-April 3, 1997 letter from Attorney Mastromoro to Supervisor Jubar regarding vouchers.

-April 2, 1997 letter from Attorney Mastromoro to Supervisor Jubar regarding payment of vouchers.

-April 2, 1997 letter from Attorney Mastromoro regarding pending Code Enforcement issues.

-Board of Appeals & Planning Board term expirations, (Anthony Kerzic 4/13/97 and Paul Flanders 4/13/97).

Code Enforcement Officer’s Report - copies presented to all board members by Clerk.

Highway Superintendent’s Report - Highway Agreement for 1997 presented (Kennedy Rd.).  Request to attend Highway Schooling in Ithaca.  Request to purchase  a torque drive for the roller at a cost of $2,900 (old one has been fixed twice, at a cost of $1,500,  and still cannot figure out why it keeps breaking.   Informed the board that they are currently installing new box bottoms on the big trucks ($1,700 for new steel).

Planning Board - Chairman, Joseph Sokol presented a new resolution to the Town Board changing parcel #’s 9.-5-6.2 Bradt, and 9.-5-6.7 Amerigas to a new district called Ag.1/Commercial 1 District.  This resolution is requesting the Town Board to amend the Land Use Document, which would correct past errors and allow these parcels to come into compliance. 

Supervisor - March 1997 Monthly Report to Clerk and Board Members.  March 1997 Trial Balance to Board Members.

Old Business

Waste Management Proposal for Spring Clean-Up - Motion by Dygert, seconded by Matis not to allow tires for Spring Clean-Up, passed 5-0. (Res. #97-175)  Motion by Dygert, seconded by Heroth to have Peter Battisti contact Crews or Valley Waste to set a dumpster at the town for “white goods” and metal products, passed 5-0. (Res. #97-176)  Motion by Dygert, seconded by Hezel, to set the Spring Clean-Up for April 28, 1997, through May 3, 1997, Monday through Saturday, 7:00 a.m. through 3:30 p.m. with dumpsters available at the town highway garage  for Town of St. Johnsville Residents Only (Town Outside Village), no tires, no construction or demolition material, and dumping will be at the discretion of the monitor with residency verified, to be advertised in the Courier-Standard-Enterprise, The Evening Times & The Pennysaver, passed 5-0, (Res. #97-177)

Tabled Resolution Regarding Land Use District Change; motion by Hezel, seconded by Matis to remove from the table, no discussion, passed 5-0. (Res. #97-l78)  Prior resolution submitted by Planning Board was rejected on March 27, 1997.   Motion by Matis, seconded by Dygert to accept new  resolution from the Planning Board, to include further refining of uses, by time of public hearing, passed 5-0. (Res. #97-179)  Motion by Matis, seconded by Dygert, to hold a public hearing on the proposed Land Use District Change  from Ag.1 to Ag.1/Commercial 1 for parcel #’s 9.5-6.1 (Bradt) and 9.5-6.2 (Amerigas Co.) on April 24, 1997, at 7:00 p.m., passed 5-0. (Res. #97-180)  Clerk to send notices of public hearing to surrounding landowners.

Montgomery County Soil & Water Proposal; (perk tests) motion by Dygert,  seconded by Matis to contract with Montgomery County Soil & Water for perk tests for the Town of St. Johnsville, at a minimum charge of $100.00 to be paid by landowner (two holes $50.00/hole), passed 5-0 (Res. #97-181) Rose will get a copy of contract and sign for Clerk and County.

New Business

General Fund Transfer  of $1,000.00 for 1997 Animal Shelter Contract, not enough allowed in the budget; motion by Heroth, seconded by Dygert, passed 4-1, Hezel abstained. (Res. #97-182)

Palatine Settlement request; they will be going on a bus trip and are requesting to park their vehicles at the town highway garage.  Motion to approve by Matis, seconded by Dygert (if okay with Pete), passed 5-0. (Res. #97-183)

Village of Fonda request; they are requesting a donation from  the Town of St. Johnsville  for the American Wind Symphony Orchestra that will be entertaining in Fonda on July 18, 1997.  It was agreed  that individual donations could be made; however, taxpayer money should not be used for this. 

Other - Motion by Hezel, seconded by Matis to accept as proposed  the 1997 Highway Agreement (see attached), passed 4-1, Jubar abstained. (Res. #97-184)  Work will be done on Kennedy Road, starting at the intersection of Crum Creek Road to possibly Feagles.  Motion to have the Highway Superintendent attend Highway School in Ithaca, NY 6/2-6/4/97, by Dygert, seconded by Hezel, no discussion, passed 5-0. (Res. #97-185)  Motion to approve the purchase of a torque drive for the roller at a cost of $2,900.00 by Matis, seconded by Hezel, no discussion, passed 5-0. (Res. #97-186)  Motion by Heroth, seconded by Hezel to approve new box bottoms in big trucks at a cost of $1,700.00, no discussion, passed 5-0. (Res. #97-187) 

**Hezel’s Additions to Agenda**

Old Business

Abstract - letter received from Attorney Mastromoro stating that it is not necessary for each  Town Board member to sign vouchers, they can be accepted through the  audit or abstract.  Motion by Hezel, seconded by Matis, to start next month that all bills for payment must be submitted to the Clerk on Wednesday and put on an abstract for the meeting (signing of vouchers is optional), with a vote taken to approve the abstract, with any objections to individual vouchers noted in the minutes, no discussion, passed 3-2, Heroth & Jubar voting no. (Res. #97-188)

Capital Account - Hezel again questioned the Supervisor as to whether she researched this capital account.  Supervisor Jubar said it is a Capital Account to be used for machinery or buildings, the resolution is on the books and when she became Supervisor in 1990 she inherited it.  Hezel stated that some money was used for the construction of offices and it did not have a public referendum.  Supervisor Jubar said no public approval is needed for building use. 

Code Money - Hezel questioned the Supervisor as to whether any money has been returned from Cyrus Frasier.  Supervisor Jubar said no.

Audit Report - Hezel reported that he attended a teleconference regarding audits and provided the board members with copies of handouts.  He reported that to date, the State is waiting for an official response from the Supervisor.  Supervisor Jubar disagrees.

Financial Report - Hezel reported that the Financial Report is still not complete and is requesting to see the original records.

Investment Record - Hezel reported that last money the Supervisor  was asked to give the Board Members records of investments each month, and questioned why she has not done it.  Supervisor Jubar responded that the town does not have any, they only have municipal government checking accounts, and the board will not be getting Investment Records as they requested.

Mining - Hezel questioned what the status of Rifenburg is.  Supervisor Jubar said she has nothing to do with it, that the Planning Board has it.  J. Sokol reported that he has received no responses from DEC or the Town Attorney and no formal application by Rifenburg.  J. Sokol said that the Planning Board has been told that the application will be approved by DEC with or without a town permit.

Investment Policy - Hezel reported that the State suggested the Investment Policy should be revised and asked the Fiscal Officer if she has any suggestions.  Supervisor Jubar said no.

New Business

Fulmont Ready Mix, Inc. - Due to correspondence received from Attorney Mastromoro, Hezel moved , seconded by Matis, to hold a special Board of Health meeting immediately following tonight’s regular meeting, no discussion, passed 3-2, Heroth & Jubar voting no. (Res. #97-189)

Comptroller - Hezel reported that the Supervisor does not have the authority to prevent items from being on the agenda unless given that authority by the town board.

Planning Board & Board of Appeals - motion by Dygert, seconded by Heroth to have the Town Clerk contact Anthony Kerzic (BOA 4/13/97) and Paul Flanders (PB 4/13/97) to see if they are interested in being re-appointed to another term, no discussion, passed 5-0. (Res. #97-190)

Standard Work Day Hours Set - Dygert questioned the Supervisor whether the State has been notified of the adoption of 6 Hours for the Standard Work Day for the Town of St. Johnsville.  Supervisor Jubar said special meetings can only be for what they are called for.

Public Comment - Melanie Shuster asked the Supervisor why a budget transfer approval was requested tonight, when she moves all town money without board approval.  She also questioned whether the town’s money is insured by F.D.I.C.  Supervisor Jubar responded that she does not have to answer.  Todd Bradt addressed the board stating he was given a “Stop Work Order” on the greenhouse also, after he was told he could continue with the greenhouse, he questioned whether it was okay to continue.  Hezel said that would be the determination of the Code Enforcement Officer.  Joseph Sokol said Todd Bradt’s permit is illegal.  Bradt responded that the original permit issued by Cyrus Frasier said greenhouse, but the attached drawing shows a sandwich shop and greenhouse.  Supervisor Jubar said a building permit was given to her along with the required fee, and was filed with the Assessors.   Discussion followed on what constitutes a sub-division, and that Bradt did not sub-divide, he purchased from John Shostek who sub-divided and sold to Bradt and Amerigas.  Dygert questioned whether the “Stop Work Order” can be removed from Bradt’s property; Sokol said as far as he knows, the C.E.O. can.  Frank Bradt said the codes violations must be listed on the “Stop Work Order”, and they are not.  Frank Bradt said the greenhouse is a manufactured structure that meets codes and a building permit should be issued. 

Motion to audit by Heroth, seconded by Dygert, passed 5-0. (Res. #97-191)

Motion to accept the audit by Heroth, seconded by Matis, passed 5-0. (Res. #97-192)

Motion to adjourn by Heroth, seconded by Matis, passed 5-0. (Res. #97-193) Meeting adjourned 10:42 p.m.

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SPECIAL TOWN BOARD MINUTES - March 27, 1997

A Special meeting of the Town of St. Johnsville was held March 27, 1997, at 7:00 p.m.,  Town Hall, 7431 STHWY 5, St. Johnsville, New York 13452

·       Present: Rose M. Jubar, Supervisor

              Randy A. Dygert, Councilman

              George Matis, Sr., Councilman

              Ronald A. Hezel, Councilman

              Lynn M. Stever, Town Clerk

              Joseph M. Kuntzsch, Code Enforcement Officer

·       Absent: Clifford M. Heroth, Councilman

·       Public: Mat Rapacz, Ralph & Lila George, George Jubar, Martin DuBrava, Geraldine Damin, Robert  Smith, Sandra Moore, Todd Bradt, Linda Keller, John Dohne, Marilyn Martin, Joseph Sokol & Steven Smith/Mont. Co. Soil & Water Conservation

·       Bid Opening on Proposals for 40-yard dumpsters for Spring Clean-Up 7:00 p.m.   Legal notice read by the Clerk.  One bid received from Waste Management (Hauling Charge $80.00/dumpster and Disposal Charge at $65.00/ton).  Discussion followed.  Motion by Dygert, seconded by Matis to address the issue of a Spring Clean-Up at the April 10, 1997, Regular Town Board meeting; motion passed 4-0. (Res. #97-165)

·       Public Hearing on Land Use Classification change from Ag. 1 to Commercial on Parcel #9.5-6.1 held at 7:15 p.m.  Legal notice read by the Clerk.  No one from the public spoke, public hearing closed at 7:16 p.m.

·       Meeting called to order 7:16 p.m.

·       Roll Call - Councilman Heroth absent.

·       Statement of Purpose of Meeting - Supervisor Jubar stated  this meeting is held for the purpose of a public hearing regarding land use district classification change, addressing spring clean-up bid proposals, and a presentation from Steven Smith of the Montgomery County Soil & Water Conservation. 

·       Presentation from Steven Smith regarding percolation testing.  The purpose of this presentation is for the Town Board to consider contracting with the Montgomery County Soil & Water Conservation Department to conduct perk tests within the Town of St. Johnsville. 

·       Discussion followed regarding the proposed land use district classification change from Ag. 1 to Commercial on the Todd Bradt property (SBL# 9.5-6.1).  Motion by Matis to make the classification change as proposed by the Planning Board; motion withdrawn by Matis.  Discussion continued with the feelings that this could be considered “spot zoning”.  Motion by Hezel, seconded by Matis to table until the April 10, 1997, regular town board meeting; motion passed 4-0. (Res. #97-166)

·       Supervisor Jubar asked for a motion to adjourn but did not receive one; she then said the meeting is adjourned. Code Enforcement Officer, Joseph Kuntzsch questioned why the other items that he asked for, were not on the agenda, such as a planned drive-through for code violations, which he has planned for May. Supervisor Jubar said nothing else can be discussed at this special meeting and left the meeting at 8:08 p.m.

·       Hezel made a motion to have Councilman Matis chair the remainder of the meeting, seconded by Dygert, passed 3-0. (Res. #97-167)

·       Motion by Hezel, seconded by Matis to amend the agenda to include Codes Issues brought up by the Code Enforcement Officer; motion passed 3-0. (Res. #97-168)

·       Motion by Hezel, seconded by Dygert to have the Town Clerk put a news items in the three papers informing the public that the Code Enforcement Officer will be making an inspection of the Town of St. Johnsville for code violations and violations to the Land Use Laws; motion passed 3-0.  (Res. #97-169)

·       Councilman Hezel stated that the agenda that the Supervisor used for tonight’s meeting was not the agenda format approved for all meetings by  Judge Best, and that the Supervisor, according to law, cannot prevent items from being placed on the agenda, unless given that authority by the board.

·       Motion by Hezel, seconded by Dygert, to approve a Standard Workday of 6 hours for elected and appointed officials; motion passed 3-0.  (Res. #97-170)

·       Motion by Hezel, seconded by Dygert,  that from this point on, minutes of meetings will not be read, they will continue to be handed out to all board members in advance, and will be available to the public; motion passed 3-0. (Res. #97-171)

·       Public Comment - Martin DuBrava questioned the land use classification of Commercial where he lives and there is a farm located within that area.  It was explained that if anything like residences or farms located within the Commercial area were their prior to 1993, they would be grand-fathered. Ralph George feels the quiet time in the Land Use Document should be changed.  Joseph Kuntzsch feels that the suggestion during discussion on the Bradt situation possibly changing the area from the Village line to Fox Rd. to Commercial is encompassing too much farm land.

·       Motion to adjourn by Hezel, seconded by Matis; passed 3-0.  (Res. #97-172)

·       Meeting adjourned  8:45 p.m.

·       Submitted by: Lynn M. Stever - Town Clerk 

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TOWN BOARD MINUTES – March 13, 1997

The Regular Town Board meeting of the Town of St. Johnsville was held March 13, 1997, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present: Rose M. Jubar - Supervisor, Clifford M. Heroth - Councilman, Randy A. Dygert - Councilman,  George Matis Sr. - Councilman, Ronald A. Hezel - Councilman, Lynn M. Stever - Town Clerk, Peter D. Battisti, Sr., Hwy. Superintendent

Public: Mat Rapacz, Alan Krutz, Ralph & Lila George, Melanie & Stanley Shuster, Martin DuBrava, Louis Capece, Sr., George Jubar,  Sandra Moore, Todd Bradt, David Briggs/Harvey Triumpho Agency, Joseph Sokol, Jack Pollitt, Charles Chapman, & Anthony Manikas

Meeting called to order 7:00 p.m.

Salute to the Flag

Roll Call - all present.

Adopt Agenda - Motion by Hezel, seconded by Dygert, to add to the agenda under Old Business, Senior Citizens , Capital Account, Code Money, Audit Meeting.  Under New Business, Abstract, Financial Report, Mining, Appeals Board, Canal Corridor, Street Lights, Spring Clean-up; motion passed 3-2, Heroth & Jubar voting no. (Res. #97-150).

Insurance renewal presentation by David Briggs of the Harvey-Triumpho Agency with proposed figures of $8,391.19 plus Public Officials Liability at $2,020.00.

Public Comment - letter read by Melanie Shuster to the board regarding the Supervisor  transferring the town money in 1996 to money  market accounts without board approval.  Anthony Manikas requested that a street light along STHWY 5, in front of his business (Parkside Drive-In) be turned on.  Charles Chapman also requested that this same street light be turned on . 

Clerk Minutes/Correspondence -  Minutes from 2/13/97 regular meeting distributed and read by the clerk; motion to approve by Dygert, seconded by Matis, passed 4-1, Jubar voting no. (Res. #97-151).

Correspondence - Town Clerk’s monthly report & check to Supervisor. - Letter dated 3/6/97 from Ralph Weir on behalf of the Senior Citizens.-Letter dated 3/10/97 from Norman Mastromoro regarding State Auditor’s meeting.-Letter dated 2/24/97 from State Comptroller’s office regarding State Auditor’s meeting.- Letter dated 3/12/97 from Glen Chandler applying for vacancy on the Board of Appeals. - Letter dated 3/13/97 from Melanie Shuster applying for vacancy on Board of Appeals. - Animal Shelter letter regarding non-pmt.  of voucher for 4^th quarter of 1996. - Letter dated 3/7/97 from Montgomery County Planning & Development regarding a Master Plan for the Town of St. Johnsville.

Code Enforcement Officer’s Report - Joseph Kuntzsch absent; board provided with copies of his report.

Highway Superintendent’s Report - Peter Battisti  had nothing new  to report.

Planning Board - To be addressed under New Business.

Supervisor -

  -February 1997 Monthly report to Clerk & Board Members.

  -February 1997 Monthly Financial Statement  to Board Members.

  -Letter dated 2/24/97 from N. Y. S. Retirement  regarding Standard   Workday Resolution.

Old Business:

·       Motion establishing Standard Workday by Jubar, no second received.  Motion to table by Dygert, seconded by Hezel, passed 4-1, Jubar voting no. (Res. #97-152).

·       Other - none.

New Business:

·       Resolution for General Fund for $49.65; motion by Heroth, seconded by Matis, passed 4-1, Hezel voting no.  (Res. #97-153). Additional money received from Mont. Co. Treasurer.

·       Joseph Sokol, Chairman, Planning Board Regarding Resolution - Discussion took place between the town board and Mr. Sokol regarding the Todd Bradt property.  Sokol stated that the ex-CEO should have referred Mr. Bradt to the Planning Board since this did involve a Subdivision, with no permit being issued; however, a building permit  was issued and Mr. Bradt has been proceeding in good faith.  According to the Code Enforcement Officer,  the Board of Appeals Chairman, Marilyn Martin feels the applicant (Mr. Bradt), could not meeting the criteria to be granted a variance; therefore, the Planning Board is requesting that the town board make a classification change on parcel SBL# 9.5-6.1 from Ag. 1 to Commercial, allowing Mr. Bradt’s greenhouse/coffee shop to be legal.  In order to start the correction process, a “Stop Work Order” has been issued to Mr. Bradt with him being allowed to enclose the roof.  Motion by Jubar, seconded by Hezel, for the Town of St. Johnsville to hold a public hearing on the Planning Board  recommendation of a proposed district change from Ag. 1 to Commercial on the Bradt property SBL# 9.5-6.1 on March 27, 1997, at 7:00 p.m.  This  meeting will also be held at the request of Joseph Kuntzsch, CEO regarding codes along with a presentation from Steve Smith, Montgomery County Water Quality Committee. Motion passed 5-0. (Res. #97-153)    Joseph Sokol of the Planning Board asked that notice of  the public hearing be sent to the three adjoining property owners of Bradt , and to Robert Smith from across STHWY 5. Hezel stated that he feels the attorney for the town should check the Bradt situation for legality.  J. Sokol recommended that it first be checked out by the Montgomery County Land & Development and if they feel it is a concern then go to an attorney specializing in Land Use.

·       Other - (street light requests) motion by Heroth, seconded by Matis to turn on street lights as requested previously by L . Capece (5) and one light requested by Manikas and Chapman.  Light Numbers 37/19, 35/17, 33/15, 31/13, 29/11 and #544 located on north side of STHWY 5 East, in front of the Chapman property, passed 5-0. (Res. #97- 154).  Matis also requested the clerk to include in the letter to Niagara Mohawk, that street lights in front of Heroth’s residence and James Christman’s residence on Kringsbush Road be checked because they are on all day.

Old Business:

·       Senior Citizen’s - money has been paid for 1996 balance and $2,000 for 1997.

·       Capital Account - Hezel requested more information again on the $39,000 Capital Account.  Supervisor Jubar stated it can be used for machinery or building but needs a public referendum for use.  Hezel then questioned how the money was spent in 1990 on offices without a public referendum.  Jubar said permission of the public was not needed for offices.

·       Code Money - Hezel questioned the Supervisor whether any money has  been returned from ex-CEO Cyrus Frasier.  Jubar said no she doesn’t know if any money was returned, and that Frasier was the CEO and was paid as the CEO.  Hezel objected saying he was dismissed by the majority of the board and was not the CEO.

·       Audit Meeting - Hezel questioned the Supervisor why she did not make the board aware of the Comptroller’s office response letter with available dates for a meeting.  Jubar said she was sent a copy of the response letter to Attorney Mastromoro and the board had requested Mastromoro to handle this so the response should come directly from Mastromoro. The letter she received addressed to her was her personal response and she answered her letter.

New Business (Hezel’s additions to agenda):

·       Abstract - 2/97 abstract voucher #6 for Joseph Kuntzsch for $1,168.76 as CEO in 1996, not paid by Supervisor.  Jubar said that voucher did not have three signatures for payment at audit, Matis came down at a later date and signed the voucher, and he will not get paid.  She also reduced the payment to Kuntzsch to $28.19 on another voucher because she took out mileage to Fonda because he was not to file his papers in Fonda, they were to be filed with her.  He also stated that Blue Cross/Blue Shield was paid prior to audit and voucher for John Puznowski, Dog Control Officer was reduced from $184.00 to $100.00.  Supervisor Jubar said she denied his mileage for 1996 because mileage has to be paid monthly.  Hezel said he is now submitting vouchers for mileage monthly; however, he should not be penalized for the previous year’s mileage.

·       Financial Report - Hezel said the Supervisor’s Financial Report is not complete, he wants to see the actual transfer of money on April 1, 1996, to Community Development Money Market Accounts.  He stated he has only copies of the statements, not supporting documents.

·       Mining - Hezel questioned Supervisor Jubar if she has any maps from Rifenburg.  She said no, the Planning Board has maps.  Hezel then asked John Dohne of Rifenburg’s if the only copy of the map was given to the Planning Board; he responded no, he gave maps to the Planning Board and Supervisor Jubar.

 Board  of Appeals - Hezel stated that two openings exist on the Board of Appeals, Hoyer ‘s term expired 4/13/96 and Byron Walrath never filed an oath of office.  Motion by Hezel, seconded by Matis, that Glen Chandler be appointed to the Board of Appeals replacing Walrath with term expiration of 4/13/1998 and Melanie Shuster replacing Hoyer with term expiration of 4/13/2001, passed 3-2, with Heroth abstaining and Jubar voting no. (Res. #97-155)  Supervisor Jubar said she feels Hoyer and Walrath should be given the opportunity to remain.

*10:03 p.m. Councilman Matis left meeting..     Mileage for Dog Control Officer and 4^th Quarter Shelter Voucher - motion by Dygert, seconded by Heroth, to transfer $194.00 from Contingency Fund to A3510.4 to cover ($84.00 DCO milage and $110.00 shelter fees), passed 3-1, Hezel abstained. (Res. #97-159).

·       Canal Corridor - discussion followed with Supervisor Jubar stating that she has no jurisdiction in the Village and Hezel disagreeing, stating that she represents the whole township.  *10:03 p.m. Councilman Matis left the meeting.  Motion by Hezel, seconded by Dygert to have the Town Clerk write a letter to the Montgomery County Planning Board requesting all correspondence given to the Supervisor or the Town Representative, George Jubar, also be sent to the Town Clerk for distribution to the Town Board, motion failed with a tie vote 2-2, Heroth and Jubar voting no and Hezel and Dygert voting yes. (Res. #97-156).

·       Spring Clean-Up - motion by Dygert, seconded by Hezel to include bid opening  on cost proposals for 40-yard dumpsters for a Spring Clean-Up at the Special Meeting March 27, 1997, at 7:00 p.m.; motion passed 3-1, Jubar voting no. (Res. #97-157).

·       Insurance - motion by Dygert, seconded by Heroth to accept the renewal proposal from Harvey-Triumpho Agency for $8,391.19; motion passed 3-1, Hezel voting no.  (Res. #97-158)  Hezel said he will pursue the conflict of interest with Supervisor Jubar voting because she has her personal insurance through the Harvey-Triumpho Agency.  Motion by Heroth, seconded by Dygert to include the Public Official’s Liability at a cost of $2,020.00; motion passed 3-1, Hezel voting no. (Res. #97-159).

·       Mileage for Dog Control Officer and 4^th Qtr. Shelter Voucher - motion by Dygert, seconded by Heroth to transfer $194.00 from the Contingency Fund to A3510.4 to cover ($84.00 DCO mileage and $110.00 to the Animal Shelter); motion passed 3-1, Hezel      abstained. (Res. #97-160)

·       Other - (Conrail) Clerk to contact Attorney Vincinanzo regarding litigation received on Conrail Proposed Settlement.  Planning Board expirations - Robert Feagles, Sr. Term expiration 4/13/96; motion to table by Hezel, no second received.  Motion by Jubar, seconded by Heroth to reappoint Robert B. Feagles, Sr. to another five year term (4/13/96-4/13/2001); motion passed 3-1, Hezel abstained. (Res. #97-161)  Clerk to contact Mr. Feagles.

Public Comment - Ralph George said he is in an Ag. District and he had previously asked why they could not be changed to Residential, and was told it cannot be done.

Motion to audit by Heroth, seconded by Dygert; motion passed 3-1, Hezel abstained. (Res. #97-162)

Motion to accept the audit by Heroth, seconded by Dygert, passed 4-0.  (Res. #97-163)

Motion to adjourn by Heroth, seconded by Dygert, passed 4-0. (Res. #97-164).

Meeting adjourned 11:08 p.m.

Submitted by: Lynn M. Stever - Town Clerk

L. Other - Conrail - Clerk to contact Attorney Vincinanzo regarding litigation received on Conrail proposed settlement.

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BOARD of HEALTH MINUTES - March 13, 1997

The regular Town of  St. Johnsville Board of Health quarterly meeting was held March 13, 1997, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY l3452.

·       Present:  R. Hezel, Commissioner; G. Matis, Sr., Deputy Commissioner; R. Jubar, R. Dygert ; Stever, Secretary; N. Mastromoro, Attorney                                                   

·       Absent:  C. Heroth

·       Public:  Mat Rapacz, Alan Krutz, Ralph & Lila George, Martin DuBrava, George Jubar, Melanie &  Stanley Shuster,  Eunie Davis

·       Meeting called to order 6:00 p.m.

·       Salute to the Flag.

·       Roll Call -  C. Heroth absent.

·       Adopt Agenda - Secretary questioned the opening of the bids; Hezel stated it will be addressed under New Business.  Motion to adopt the agenda by Dygert, seconded by Matis, passed 3-1, Jubar voting no.(Res. #H97-013)

·       Public Comment - none.

·       Minutes - February 20, 1997, minutes of a special meeting were distributed and read by the Secretary; motion to approve by Dygert, seconded by Matis, passed 3-1, Jubar voting no. (Res. #97-014)

·       Correspondence:  March 7, l997 Health Investigator’s Report.   March 7, l997 Letter from Attorney Mastromoro with proposed Board of Health Regulations.   March 6, l997 Order to Show Cause-Fulmont Ready Mix, Inc.

·       Committee Reports none.

·       Commissioner’s Comments - Hezel spoke regarding the purpose of the Board of Health, by law,  is to deal with the concerns of the public and hope to alleviate these health concerns.  Money for the Board of Health comes out of the money the  people who reside outside the village pay; therefore, we must listen to their concerns.  Hezel also feels differences of opinions between the board members are good and should be brought out in the open and brought to a consensus and voted upon.  Hezel feels the Board of Health should be working together for the common cause.

·       Old Business:  (Pending Matters)

·       Chaplinski:  Dygert said St. Johnsville Fire Department said the burn will be in March ’97.

·       Suits:  Health Investigator letter giving until 5/1/97 to comply with regulations. Bids (Seymour): Hezel reported he spoke with the County and they are planning to take possession of the property on 4/14/97 for County auction on 5/17/97, and were not aware of any code violations. Motion by Hezel, seconded by Matis, that Hezel forward to the County all records regarding the Seymour property violations to be included in the report for sale, passed 3-1, Jubar voting no. (Res. #H97-015).

·       *Board of Health rejected all bids submitted for the Seymour property clean-up.*

·       Other:  Attorney Mastromoro reported that a copy of an order and judgment for first court appearance regarding Fulmont Ready Mix, Inc. was filed 2/20/97, and if an appeal, notice must be within 30 days (3/22/97).  Letter to District Attorney regarding Fulmont Ready Mix, Inc. inadvertently did not go out; however, it will be mailed tomorrow.

·       New Business:

·       Fulmont Ready Mix, Inc. Appearance - Attorney Mastromoro served an “Order To Show Cause” on 3/6/97.  Attorney Mastromoro was served another restraining order against the Board of Health regarding Fulmont proceeding scheduled for tonight, stating that the Board of Health violated the first court decision and order of Judge, claiming civil contempt and costs.  Fulmont is also claiming the Board of Health does not have the jurisdiction to do what they are doing.  They feel the Board of Health is trying to make people comfortable with these regulations, which are not health concerns, stating the Board of Health has no devices to measure air quality, etc.  Options given to the board by  Attorney Mastromoro  were:  Choose to do nothing, Consider an appeal of the first ruling by Judge Best, Argue new proceedings by 4/1/97, or Pass new regulations.

·       **6:40 p.m. Rose Jubar left meeting**

·       Motion by Matis, seconded by Dygert, that Attorney Mastromoro proceed with returning the “Order To Show Cause” dated 3/12/97 to be heard in Fulton County Courthouse on 4/7/97, passed 3-0. (Res. #H97- 016)

·       Health Investigator Reports Received:  none.

·       Action on Health Reports/Complaints:

·       Warnings - none.

·       Notice of Violations - E. Davis spoke regarding the unsafe structure on this property, agreeing to it being burned down if she is still the owner; however, she believes that the County took it over in January.  She also stated that the garbage located in the back of the parcel is from the neighboring trailer park.  She stated that she received a letter from Montgomery County on 1/3/97 stating that she no longer owns the property,  that the County redeemed it for back taxes.  Board of Health Secretary is to check on this with the County and get back to Ms. Davis at 573 E. Ganesvoorst Street, Little Falls, NY  l3365 (315) 823-1391 after 3:00 p.m.  If Ms. Davis is the owner of the property, the Code Enforcement Officer is to be in contact with her.

·       Hearings on Notice of Violations - none.

·       Adoption of Health Regulations Updates -

·       1997-1 “Air Pollution”; Motion to accept by Matis, seconded by Dygert, passed 3-0. (Res. #H97-016)

·       1997-2 “Noisome and Unwholesome Substances or Business on or Near Public Highway”; Motion to accept by Matis, seconded by Dygert, passed 3-0. (Res. #H97- 017)

·       1993-3 “Noises and Odors”; Motion to accept by Matis, seconded by Dygert, passed 3-0. (Res. #H97-018)

·       Board Review Ride Around - Motion by Hezel, seconded by Matis that the Health Investigator/Code Enforcement Officer do the same and make a report, passed 3-0. (Res. #H97-019)

·       Other Meetings - Quarterly meeting scheduled for June 12, 1997, at 6:30 p.m., with special meetings as announced.

·       Public Comment - none.

·       Adjournment - Motion by Dygert, seconded by Matis, passed 3-0. (Res. #H97-020)  Meeting adjourned 6:57 p.m.

·       Submitted by: Lynn M. Stever - Board of Health Secretary

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TOWN BOARD MINUTES - February 13, 1997

The Town of St. Johnsville held a regular town board meeting on February 13, 1997, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Rose M. Jubar, Supervisor; Randy A. Dygert, Councilman; Clifford M. Heroth, Councilman; Ronald A. Hezel, Councilman; George Matis, Sr., Councilman; Peter D. Battisti, Sr., Highway Superintendent; Lynn M. Stever, Town Clerk.

Public:  Mat Rapacz, Alan Krutz, Louis Capece, Sr., Melanie Shuster, John Dohne, George Jubar, Ralph & Lila George, Martin DuBrava, A. Joyce Berry, Dorothy Lull, Dawn Capece & Reverend Russell Camp

Meeting called to order 7:00 p.m.

Adoption of Agenda - Motion by Hezel, seconded by Matis to add the following items to the agenda:  Minutes of 1/7/97 and under Old Business:  Senior Citizens, Audit, Capital Account, Code Money, Audit Report & Agenda.  Under New Business:  Special Meeting, Computer, World Wide Web, Financial Report Investment Record, Mining, Planning Board/Board of Appeals, Deputy, Canal Corridor, Investment Policy, Light Refund and Other.  No discussion, vote passed 3-2, Heroth & Jubar voting no. (Res. #97-124).

Public Comment - Dawn Capece, Director of the Margaret Reaney Memorial Library addressed the board regarding the activities of the library and encouraged everyone to visit the library and show their support.  Louise Capece, Sr., requested that the street lights along Route 5 from his residence to the West St. Johnsville Cemetery be turned on.  Melanie Shuster addressed the board regarding the Deputy Supervisor position being abolished and the Supervisor swearing in Councilman Heroth as Deputy.

Town Clerk’s Minutes/Correspondence -

-Minutes of 1/7/97; motion by Hezel, seconded by Dygert, to accept; passed 3-2, Heroth & Jubar abstained (Res. #97-125).

-Minutes of 1/9/97; motion by Hezel, seconded by Dygert, to accept; passed 3-2, Heroth abstaining and Jubar voting no. (Res. #97-126).

-Minutes of 1/16/97; Supervisor Jubar stated that Assessors John Allen & Brandt Rostohar were not in attendance at this meeting.  Motion by Dygert to accept with the above statement to be checked & corrected by the Clerk, seconded by Heroth, passed 4-1, Hezel voting no (Res. #97-127).

Correspondence -

-January 1997 Town Clerk’s Monthly Report & Check to Supervisor.

-1/31/97 letter from Attorney Mastromoro regarding 1/23/97 decision of Judge Best regarding Dygert, Matis & Hezel vs. Jubar.

-1/18/97 letter from Attorney Mastromoro regarding Rifenburg Pit #2 to Angelo Marccucio, NYS DEC regarding Lead Agency.

-1/7/97 letter from NYS DOT regarding the request for a lower speed limit on Richards Road denied.

-Emergency Snow & Ice Control Directory from NYS DOT.

-Capital District Physician’s Health Plan letter dated 1/20/97.

-Letter dated 2/12/97 requesting to be placed on tonight’s agenda from Joseph Sokol, Chairman of the Planning Board.

-Planning Board & Board of Appeals terms expired.

Historian’s Report - the 1996 Annual Historian’s Report was read by the Supervisor and given to the Clerk.

Highway Superintendent’s Report - none.

Supervisor’s Report -

-1/97 Monthly Report to Clerk & Board Members.

-1/97 Financial Report to Board Members.

-Annual Financial Report to the State presented to the Clerk.

-Proclamation that March 1, 1997, will be declared John Geesler Day in the Village and Town of St. Johnsville.

-Letter from Joseph Sokol, Chairman of the Planning Board requesting to be on tonight’s agenda.

-Letter dated 2/12/97 to Clerk & Board Members regarding Judge Best’s decision.

Old Business -

·       DEC Permit-Rifenburg Construction - Councilman Hezel questioned the Supervisor about a comment made at a meeting held 1/24/95 when she stated that she had a packet of information on a mining permit for someone in the Town of St. Johnsville, as to whether it was for Rifenburg.  Supervisor Jubar said the board did not want to proceed, it never transpired and it does not have anything to do with this project. 

·       Joseph Sokol, Chairman of the Planning Board addressed the board regarding construction by Todd Bradt on Route 5, stating that the Planning Board’s concern is if they have been in contact with the Montgomery County Planning Board for input, and they said it has to have a classification change by the Board of Appeals, not the Planning Board, he stated that this was through a telephone conversation and has received nothing in writing to date.

·       Regarding the Rifenburg Construction DEC Application, the Planning Board has received a Site Plan and the full Planning Board has not reviewed it yet.  A meeting has been set for 2/25/97 at 7:30 p.m.  Sokol distributed a list of questions for DEC that the Planning Board has as preliminary concerns drawn up by Sokol as a result of Rifenburg’s Application.

·       Sokol requested from the Town Board a large scale map for Planning Board use, and also to pre-number and finalize the Subdivision Applications.

·       Motion by Hezel, seconded by Matis that the Town Board appreciates & supports the work of the Planning Board and very seriously considers its recommendations and concerns.  Further that the Clerk will check with the Attorney for the exact structure of powers between the Planning Board and the Town Board, whether it is dual powers or only advisory.  The same will be asked of the Montgomery County Planner, with answers requested as soon as possible and forwarded to Joseph Sokol, passed 5-0 (Res. #97-128).

·       Joseph Sokol also feels that the Planning Board should come up with the Master Plan for the Town of St. Johnsville and has recently received a packet from the State for the framework needed to start.

·       Motion by Hezel, seconded by Matis that the Clerk contact in writing the Montgomery County Planning Department and formally request their help and expertise formulating a Master Plan for the Town of St. Johnsville.  Also that Hezel is to act as the liaison between the board and the County Planning Department, along with Joseph Sokol, attending all meetings and answering any concerns and report back to the Town Board ; passed 5-0. (Res. #97-129).

·       Motion by Hezel, seconded by Dygert, to place an advertisement in the official newspapers, including the Courier-Standard-Enterprise stating the following:  “Permits are needed for the following in the Town of St. Johnsville:” Code Enforcement Building Permits & Fees, Logging, Subdivision, Planning & Development.  Individuals must contact the CEO, Joseph M. Kuntzsch at 568-7414.  The Town of St. Johnsville does have Land use Rules & Regulations and will aggressively enforce such; passed 5-0. (Res. #97-130).

·       Motion by Hezel, seconded by Matis, that the list of preliminary concerns presented by Sokol, and Councilman Hezel’s personal opinion that he is personally against any expansion by Rifenburg, along with any other town board member’s concerns, be given to the attorney to be forwarded to DEC.  Hezel amended this resolution to include that he is vehemently against this mining permit expansion.  Councilman Matis also expressed his feelings against the expansion.  Motion passed 3-2, Heroth abstaining and Jubar voting no. (Res. #97-131). 

·       Supervisor Jubar stated that she will continue with the regular agenda and then go back to the additions made by Councilman Hezel.

New Business

·       Resolution Amending General Fund $250.00; motion by Heroth, seconded by Jubar to approve transfer for additional money received in court funds for 1996, passed 4-1, Hezel abstaining. (Res. #97-132).

·       Resolution Amending P/T Fund $8,766.40; motion to approve by Heroth, seconded by Dygert, for additional sales tax received for the fourth quarter of 1996, passed 3-2, Hezel abstaining and Matis voting no. (Res. #97-133).

·       Resolution establishing Standard Work Day; motion by Jubar, no second received.

·       Discussion regarding a letter received from the Assessors requesting that the funds received from Niagara Mohawk on an overcharge of street lighting be used for the cost of a revaluation.  Discussion followed, no action taken.

**Additions to the Agenda Proposed by Hezel**

Old Business

·       Senior Citizen’s - questioned whether the $2,000 for 1997 has been paid to the Senior Citizens yet.  Clerk stated that a voucher is being presented through audit tonight.  Supervisor Jubar said the balance for 1996 should be added to that voucher, will call with exact figure.

·       Audit - regarding a voucher #2, 1/97 to Lawyer’s Cooperative a charge of $29.35 was slid through by the Supervisor after the board refused payment of this voucher previously.

·       Capital Account - $39,778.00 Hezel stated that he researched this account.  He questioned the Supervisor on the reduction in 1/90 from $43,000 to $39,000.  Supervisor Jubar said he did not research it far enough, that the money was used right here and can be used for capital and building improvements.

·       Codes Money - Hezel suggested the attorney be directed to go to court action against the previous CEO and the Supervisor.   Hezel questioned the Supervisor whether the money has been returned.  Supervisor Jubar said she was not answering.  Motion by Hezel, seconded by Matis, that the attorney be apprised of the situation and advise immediately, whether to continue to small claims court, with Hezel representing the town in small claims court to save attorney fees.  Discussion followed with Councilman Dygert asking if Frasier had returned any money.  Supervisor Jubar said no he did not.  Motion passed 3-2, Heroth & Jubar abstaining. (Res.97-134).

·       Agenda - motion by Hezel, seconded by Dygert, that the Supervisor’s letter dated 2/12/97 regarding Judge Best’s decision and the agenda be given to the Attorney to send to Judge Best for his ruling, passed 3-2, Heroth voting no, and Jubar abstaining. (Res. #97-135).

·       Audit Report - Hezel questioned the Supervisor whether anything was received from the Comptroller’s office; Supervisor Jubar said she received a copy of a letter sent to Attorney Mastromoro and he will respond to the board.

New Business

·       Special Meeting - motion by Hezel, seconded by Matis to hold a special Board of Health meeting on February 20, 1997, at 7:00 p.m., passed 3-2, Heroth & Jubar voting no. (Res. #97-136).

·       Computer - Hezel moved to accept a quote for a FAX (Stock No. 4301202) at a cost of $199.99 from Radio Shack in Dutchtown Plaza, Palatine Bridge.  Supervisor Jubar questioned who authorized him to seek out bids.  Motion by Hezel that he is allowed to submit figures to the board for prices for a computer and a FAX, seconded by Dygert, passed 3-1, Jubar voting no and Heroth not present for the vote. (Res. #97-137).

·       Motion by Hezel, seconded by Matis, to accept a quote for a FAX (Stock No. 4301202) at a cost of $199.99 from Radio Shack in Dutchtown Plaza, Palatine Bridge, NY, passed 3-1, Jubar voting no, and Heroth not present for the vote. (Res. #97-138).

·       Motion by Hezel, seconded by Matis, to purchase a Computer P166MMX Tech Media as per the attached quote from Pelletier’s Printers & Peripherals, Nelliston, NY at a cost of $3,092.53; passed 3-2, Heroth & Jubar voting no. (Res. #97-139).

·       World Wide Web - motion by Hezel, seconded by Matis to set up through Telnet at a cost not to exceed $15.00/month, with help designing a Web Page and an E-mail address at no charge (stjohntn) with Hezel to be the liaison to post activities, board meetings, B.O.H. meeting, etc. free of charge, passed 3-2, Heroth abstained and Jubar voted no. (Res. #97-140).

·       Financial Report - Hezel thanked the Supervisor for completing the financial report on time, however stated that it is not complete.  He questioned why the salt barn is still separate when the board voted to remove it.  He also stated that some account numbers are cut off on the copies and he is missing one.  He has Acct. #11996 and #90223.  He also stated that the Supervisor did not have board approval to move the town’s money on April 1, 1996 to money market accounts.

·       Motion by Hezel, seconded by Matis that the Supervisor, as Fiscal Officer, provide a report of record of investments on a monthly basis in addition to her regular monthly reports, passed 3-2, Heroth & Jubar voting no. (Res. #97-141).

·       Investment Record - done above.

·       Mining - done previously.

·       Planning Board/Board of Appeals - motion by Hezel, seconded by Matis to combine these two boards into one.  This motion is to be forwarded to the attorney to advise how to do this, discussion followed.  Supervisor Jubar moved to table for more information, seconded by Heroth, defeated 3-2, Dygert, Hezel & Matis voting no. (Res. #97-142).  Hezel’s original motion continued with a vote of 3-2, passed, Heroth & Jubar voting no. (Res. #97-143).

·       Deputy - Hezel decided to pass on this due to time.

·       Canal Corridor - motion by Hezel, seconded by Dygert that the Town of St. Johnsville is for the Canal Corridor Initiative and needs every ones thoughts and ideas to get together to come up with ways to benefit St. Johnsville, with possibly a meeting at the library.  Discussion followed with Supervisor Jubar stating that the funding is basically loans, Hezel responded that it is both grants and loans, vote passed 4-1, Jubar abstained. (Res. #97-144).

·       Light Refund - Supervisor Jubar stated that the money refunded to the town from street lighting cannot be used for a revaluation because street lighting is from the Part-Town Fund.

·       Other - Investment Policy - motion by Hezel, seconded by Dygert, to amend the Investment Policy for the Town of St. Johnsville by adding on page 1, in the place of Supervisor, to read Supervisor and other town board member, passed 3-2, Heroth & Jubar voting no. (Res. #97-145).

·       Other - Motion by Dygert, seconded by Heroth, to have maps enlarged for the Planning Board through the Montgomery County Planning Department, passed 5-0. (Res. #97-146).

·       Public Comment - Melanie Shuster addressed the board asking them if it bothers them that the money is not accounted for and suggested the board hire an independent auditing firm.  George Jubar questioned the Supervisor whether they had an audit in 1996, and whether anything was wrong or cited.   Supervisor Jubar said they did have an audit and nothing was wrong or cited. 

·       Motion to audit by Heroth, seconded by Dygert, passed 4-0, Matis absent. (Res. #97-147).  Motion to accept the audit by Heroth, seconded by Dygert, passed 3-1, Hezel abstained, Matis absent. (Res. #97-148). 

·       Motion to adjourn by Heroth, seconded by Dygert, passed 4-0. (Res. #97-149).  Meeting adjourned 11:45 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES - January 16, 1997

The Town of St. Johnsville held a special town board meeting on January 16, l997, at 7:00 p.m.,  Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Rose M. Jubar, Supervisor; Randy A. Dygert, Councilman; Clifford M. Heroth, Councilman; Ronald A. Hezel, Councilman; Lynn M. Stever, Town Clerk; Joseph M. Sokol, Chairman Planning Board; A. Joyce Berry, Planning Board; R. Feagles, Sr., Planning Board; J. Kuntzsch, Code Enforcement Officer; Norman L. Mastromoro, Attorney for the Town; Steven Damin, Assessor

Absent:  George Matis, Sr., Councilman

Public:  George Jubar, Ralph & Lila George, Melanie Shuster, John Dohne, Mike Dunn-Environmental Manager for Rifenburg Construction, Annette Scalece, Mat Rapacz, Alan Krutz, Louis Capece, Sr., & Montgomery County Sheriff’s Deputy Tracy Durfee

Meeting called to order 7:00 p.m.

Salute to the Flag.

Roll

Statement of Purpose of Meeting - Lead Agency Coordination Request-Rifenburg Pit #2.

Discussion took place between the board and the public.  Mike Dunn the Environmental Manager for Rifenburg Construction explained that the property that they are applying for a mining permit is owned by John Dohne and Rifenburg Construction has the mineral rights to the property.  Various concerns were voiced by the public and the board concerning the expansion of the Rifenburg Company Mining Permit.

Motion by Councilman Hezel, seconded by Councilman Dygert, to have Norman Mastromoro, Attorney for the Town, research and interface The Town of St. Johnsville Land Use Rules and Regulations, Planning Board responsibilities, Town Board responsibilities, DEC responsibilities and any implications and report to the Town Board before January 24, 1997.  After discussion with Attorney Mastromoro stating that he recently spoke with Andy Marcuccio of the NYS DEC and the determination on lead agency needs to be done soon, DEC would contest the Town of St. Johnsville’s decision to be Lead Agency, that whatever rights under the Mine Reclamation Act would not be lost, nor would any authority locally be lost, state law will not change and a letter could be sent to the DEC indicating the Town of St. Johnsville’s concerns; the above motion was withdrawn by Councilman Hezel.

Motion by Hezel that based on the recommendations from Attorney Mastromoro, the town board allows NYS DEC to be Lead Agency in this project and include in missive that a following letter will be forthcoming outlining the concerns that the town might have regarding this project.  Attorney Mastromoro will also include that the town has Land Use Rules and Regulations governing this project, seconded by Dygert, motion passed 4-0, Matis absent. (Res. #97-122).

Councilman Hezel requested that the town board be gathering the concerns of the public and address this issue at next month’s meeting, or if need be, hold a special meeting.

Attorney Mastromoro will call Andy Marcuccio, NYS DEC and follow-up with a letter and if he  needs the concerns by next Friday, or if time permits, he will contact the Clerk or the Supervisor if a special meeting is needed with the Planning Board.

The Planning Board said they do not have enough information concerning this project.  Mike Dunn agreed to get a packet of information to them as soon as possible for their review and then meet again for questions and a public hearing.

Motion to adjourn by Heroth, seconded by Dygert, passed 4-0, Matis absent. (Res. #97-123).

Meeting adjourned 9:04 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES - January 9, 1997

The Town of St. Johnsville held a regular town board meeting on January 9, 1997,  at 7:00 p.m.,  Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Rose M. Jubar, Supervisor; Randy A. Dygert, Councilman; Clifford M. Heroth, Councilman; Ronald A. Hezel, Councilman; George Matis, Sr., Councilman;  Lynn M. Stever, Town Clerk; Joseph M. Kuntzsch, Code Enforcement Officer.

Absent:  Peter D. Battisti, Sr., Highway Superintendent

Public:  Mat Rapacz, Ralph & Lila George, Phyllis Carter, Joseph Mento, Martin DuBrava, A. Joyce Berry & George Jubar.

Meeting called to order 7:00 p.m.

Supervisor Jubar stated that this is the Organizational Meeting for 1997 and the attached resolution designating meeting dates and times, agenda format, depository and official newspapers.  Motion by Heroth, seconded by Jubar that the meetings will be the 2^nd Thursday of each month at 7PM, Using the Agenda Format in Place, Depository will be Central National Bank, Official Newspapers will be the Courier-Standard-Enterprise and the Little Falls Evening Times, motion failed 3-2, with Dygert, Hezel and Matis voting no. (Res. #97-100).  Objections were stated and it was agreed to vote on each item separately.  Item #1:  Meetings to be held the second Thursday of each month at 7PM; motion by Matis, seconded by Hezel, passed 5-0.  (Res. #97-101).  Item #2:  Agenda Format in Place; motion by Hezel to table until a sample copy of the agenda is presented, seconded by Matis, passed 3-2, Heroth & Jubar voting no. (Res. #97-102).  Item #3:  Depository - Central National Bank; motion by Heroth, seconded by Jubar, motion failed 3-2, with Dygert, Matis and Hezel voting no. (Res. #97-103).  Item #4:  Official Newspapers as The Courier-Standard-Enterprise and The Little Falls Evening Times; motion by Heroth, seconded by Jubar, failed 3-2, with Dygert, Hezel & Matis voting no. (Res. #97-104).  Motion by Hezel, seconded by Matis, that the Official Newspapers should be The Amsterdam Recorder and The Little Falls Times, passed 3-2, with Heroth & Jubar voting no. (Res. #97-105).

Adopt the Agenda - It was agreed to add Code Enforcement Officer’s Report above Superintendent’s Report.  Motion by Hezel, seconded by Dygert, to add under New Business-Codes and under Old Business-Codes, passed 5-0. (Res. #97-106).

Public Comment - Joseph Mento requested clarification on the official newspapers.  Mr. Mento also reported that the street light is on across from his house as requested, and that it makes a big difference and thanked the board.

C.E.O. Report - Joseph Kuntzsch distributed copies to the clerk and all board members and read the attached reported dated January 8, 1997, along with proposed forms needing town board approval.

Highway Superintendent’s Report - none, absent.

Supervisor’s Report -

-Monthly Report for December 1996 to the Clerk and Board Members.

-Monthly Financial Statement to Board Members.

-NYS Department of Environmental Conservation letter dated December 11, 1996, regarding Rifenburg Application for Mining presented to Clerk & Board.

Town Clerk’s Minutes/Correspondence -

-Minutes of December 12, 1996, regular meeting distributed and read by the Clerk; motion to approve by Hezel, seconded by Dygert, passed 4-1, Jubar voting no. (Res. #97-107).

-Minutes of December 19, 1996, special meeting distributed and read by the Clerk; motion to approve by Hezel, seconded by Matis, passed 3-2, Heroth & Jubar voting no. (Res. #97-108).

Correspondence -

-December 1996 Monthly Report & Check to Supervisor.

-1996 Town Clerk’s Annual Report.

-Association of Towns annual letter.

-Attorney Mastromoro letter dated 1/6/97 regarding Audit & Resolution #96M-415.

-Cyrus Frasier’s returned CEO items in sealed box and envelope addressed to Supervisor and Town Board.

-Waste Management letter dated 12/19/96 regarding bids they submitted for rubbish removal for the Town of St. Johnsville.

Old Business

·       Standard Work Day - motion to remove from the table by Jubar, seconded by Heroth, discussion followed; motion failed 4-1, with Dygert, Heroth, Hezel & Matis voting no. (Res. #97-109).

·       Other/Codes - Hezel addressed the Supervisor regarding Res. #96-3-1 requiring the Fiscal Officer to give a report to the Board Members on funds paid to Cyrus Frasier as Code Enforcement Officer since June 1996, asking if she has the report.  Supervisor Jubar said no, that the board has it, just divide out $3,500 annually.

·       Other/Capital Account - Hezel addressed the Supervisor regarding the Capital Account ($39,000+) whether she researched it and has a report for the board.  Supervisor Jubar said she does not have that information available to her, that it is a Capital Account for Machinery and cannot be spent unless there is a referendum.  Supervisor Jubar said it is in an interest bearing checking account earning 3%, which paid more than a Certificate of Deposit.  They came to her as expired CD’s and the Auditor said to put them in Savings Accounts.

Councilman Hezel questioned figures and accounts on the Supervisor’s Trial Balance for clarification.

Councilman Matis questioned the Supervisor regarding interest earned on Trial Balance, why the town’s money is not put in CD’s.  Supervisor Jubar said CD’s weren’t paying that much and the money has to be tied up.

New Business

·       NYS DEC request dated 12/11/96 regarding an application from Rifenburg Construction.  The Supervisor stated that she received after the December 1996 meeting and wrote the DEC requesting more time and they agreed.  Motion by Hezel, seconded by Matis, that the board allow him to FAX Attorney Mastromoro this letter asking him what this means in layman’s terms and contact the parties and get back to the Clerk as soon as possible, and since time is of the essence, that we will have an emergency meeting a.s.a.p. to deal with this, motion passed 3-2, with Heroth & Jubar abstaining.  (Res. #97-110).

Motion by Hezel, seconded by Matis, that in the future, any letters or information sent to the Supervisor or any Board Member which requires action by the board, be brought to the Town Clerk so to inform other members, passed 3-2, with Jubar and Heroth abstaining (Res. #97-111).

Motion by Hezel, seconded by Matis to accept the permit fee schedule as submitted by Joseph M. Kuntzsch, Code Enforcement Officer as follows:

-New Home or structure built on site               $100

-Modular Home/Mobile Home (Double Wide) $ 50

-Mobile Home (Single Wide)                            $ 25

-Garage (One & Two Stalls)                              $ 25

-Garage (Three or More Stalls)                         $ 50

-Additions to existing structures:

   Living space, porches or decks,

   remodeling, etc. (if required)                        $ 15

-Septic Systems                                                 $ 25

Motion by Hezel, seconded by Matis, to approve the Subdivision Application and $25.00 application fee as received from Joseph Sokol, Chairman of the Planning Board at the January 7, 1997 special meeting, passed 5-0. (Res. #97-113).

Motion by Hezel, seconded by Matis, to approve the packet of forms as presented by Joseph M. Kuntzsch, Code Enforcement Officer to include:

-Application for Construction Inspection

-Building Permit

-Certificate of Occupancy

-Permit Application Septic System Supplement

-Construction Inspection Report

-Stop Work Order

Motion passed 5-0. (Res. #97-114).

Discussion took place regarding the Supervisor’s Organizational meeting yearly appointments.  Councilman Hezel stated that the position of Deputy Supervisor has been eliminated as of December 31, 1996.  Supervisor Jubar said that cannot be done without a referendum.  Motion by Hezel, seconded by Dygert, for John Puznowski as Dog Control Officer and Rabies Response Agent for 1997, passed 5-0 (Res. #97-115).  Motion by Hezel, seconded by Matis, that the attached list as presented by the Supervisor with Elected Officials, Appointed Officials and Highway Employees for 1997 is not an official piece of paper of the Town Board, and it carries no weight, vote continued and passed 3-2 with Heroth & Jubar voting no. (Res. #97-116).

Motion by Hezel that money collected by the CEO be turned in with documentation to the Clerk.  Clerk & Supervisor objecting to this, stating that CEO money should go to the Supervisor.  Supervisor Jubar stated that she received no money from Joseph Kuntzsch; however, his last report showed he collected $100.00.  Councilman Hezel changed motion to contact the attorney for legal suggestion and law on how money from the CEO will be received from the Town, seconded by Matis, passed 3-2, with Heroth & Jubar voting no. (Res. #97-117). 

Councilman Hezel questioned the Supervisor as to why the change in the order of voting, since 1988 the vote has started at Hezel’s end of the table.  Supervisor Jubar said to be different.  Motion by Hezel, seconded by Matis to continue with past practice of voting procedure from Clerk’s end of table towards the Supervisor.  Tie vote with Heroth & Jubar voting no and Hezel and Matis voting yes, and Dygert abstaining because he has no objection as to what order the vote takes place. (Res. #97-118).

Councilman Dygert asked if Joseph Kuntzsch will get papers turned in by Cyrus Frasier.  Supervisor Jubar said that after the Clerk gets papers and material logged in,  Joseph Kuntzsch can have necessary books and papers.

Councilman Dygert questioned the Board of Health Secretary’s pay.  Supervisor Jubar stated that she will be paid quarterly.  Councilman Dygert also questioned whether the Town has a Board of Health; Supervisor Jubar responded, I don’t know, the Town Board is suppose to be the Board of Health.

Councilman Matis asked the Supervisor if the Senior Citizen’s were paid the $2,000.00  Supervisor Jubar said no, no voucher was received.

Councilman Matis commented on what this board has accomplished during 1996.

Councilman Heroth questioned what the Clerk said in her minutes of the special meeting on December 19, 1996, whether she said Deputy Supervisor.  Hezel responded that he said Chairman.

Councilman Heroth also discussed the money spent on Matis and Klock Roads, stating that the stone and gravel were extra and each road cost more than the Highway Superintendent proposed.  Councilman Hezel responded that the Highway Superintendent is absent, and let him answer these allegations.

Councilman Heroth asked Supervisor Jubar the approximate amount of money spent on lawyer fees for 1996.  Supervisor Jubar responded $20,000.00

Public Comment - Joseph Mento questioned whether or not Cyrus Frasier knew he was terminated in June of 1996; Councilman Hezel responded that he was informed by letter in June.  Mr. Mento also feels that the town should not keep spending money on highways.

Lynn Stever, Town Clerk, reported that her deputies for 1997 will be Virginia Fox and Virginia Brundage.

Ralph George thanked the board for the street light being turned on.

Motion to audit by Heroth, seconded by Dygert, passed 3-2, Matis and Hezel voting no. (Res. #97-119).

Motion to accept the audit by Heroth, seconded by Dygert, passed 5-0. (Res. #97-120).

Motion to adjourn by Dygert, seconded by Heroth, passed 5-0. (Res. #97-121).

Meeting adjourned 9:45 p.m.

Submitted by: Lynn M. Stever - Town Clerk  

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TOWN BOARD MINUTES - January 7, 1997

The Town of St. Johnsville held a special town board meeting on January 7, 1997, at 7:00 p.m.,  Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Randy A. Dygert, George Matis, Sr., Ronald A. Hezel, Councilman; Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town; Joseph M. Kuntzsch, Code Enforcement Officer; John Allen, Brandt Rostohar & Steven Damin, Assessors; Joseph Sokol, Chairman of the Planning Board; Robert Feagles, Sr., Paul Flanders & A. Joyce Berry, Planning Board.

Absent:  Rose M. Jubar, Supervisor; Clifford M. Heroth, Councilman; Deanna Campione, Planning Board.

Public:  Mat Rapacz, Ralph George

Meeting called to order 7:05 p.m. by the board for informal discussion on codes.

Discussion followed.  It was agreed that the first contact should be with the Code Enforcement Officer.  Another idea presented was to make the public aware of the need for Planning Board approval through the local newspapers.  Another idea was to ask that the County Clerk be the first red flag, if no Planning Board form, deed cannot be recorded.

The Planning Board requested the following items:

-Needs pre-numbered Subdivision Applications.

-Large Scale Map of St. Johnsville (Assessors will provide subdivisions to the Planning Board).

-Each member of the Planning Board to receive completed Subdivision and Land Use Booklets.

-Flow chart for permit applications.

-Requested a meeting with the Montgomery County Planner (Michael Kayes).

Meeting adjourned 9:08 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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