TOWN BOARD MINUTES – December 19, 2002

The Town of St. Johnsville Town Board held a regular town board meeting on December 19, 2002, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Cynthia Nagele, Councilwoman; Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent

Absent:  Dominick Stagliano, Supervisor; Randy Dygert, Councilman

Public:  M. Rapacz (The Evening Times) Kathy Button (Courier-Standard-Enterprise)

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – Stagliano and Dygert absent

Adoption of Agenda – Motion by Millington, seconded by Hezel; passed 3-0. (Res. #02-124)

Town Clerk’s Minutes – Motion by Hezel, seconded by Millington to accept the minutes of November 21 and December 2, 2002; passed 3-0. (Res. #02-125)

Departmental Reports – Motion by Millington, seconded by Nagele to accept the Town Clerk’s & Planning Board minutes; passed 3-0. (Res. #02-126)

Correspondence – a letter distributed from Anita Smith, Historian regarding the care of cemeteries within the township.

Old Business

A.       St. Johnsville/Palatine Road Contract – Attorney Mastromoro informed the board that he has not received anything from Attorney Kirkpatrick to date.  Approval by the County would be necessary for the Town of St. Johnsville to take over plowing and sanding for what was previously assigned to the Town of Palatine.  Peter Battisti, Highway Superintendent stated that he has been informed that it has been approved and Attorney Kirkpatrick will be in contact with Attorney Mastromoro.

B.       Adelphia Franchise – Attorney Mastromoro stated that under Federal Franchise Law, the community served has to be given an opportunity for input regarding services, etc.  Attorney Mastromoro has been in contact with John Mucha who is willing to come to the Town Board sometime in the Spring and work out the particulars.  A free consultant is available to work on Franchise Renewal Agreements.

C.       Other – none.

New Business

A.             Truck Purchase – Peter Battisti, Highway Superintendent presented pictures and specifications that he is proposing.  He indicated that something needs to be done soon; he is concerned about one of our old trucks being down.  He also stated that he would rather purchase a truck instead of a loader if only one piece of equipment can be purchased.  It was agreed that the Town Clerk would contact Councilman Dygert to possibly set up a special meeting that he would be able to attend, since he is currently working 2^nd shift.  Motion by Hezel, seconded by Millington to table any further discussion until a full board is present; passed 3-0. (Res. #02-127)

B.             County Road Work – Peter Battisti, Highway Superintendent, informed the board that there was a problem with ice control on Clay Hill Road.  He stated that water continues to run down the roadway because the ditches are plugged.  He contacted the County requesting that they dig out the ditches to alleviate the problem; they said they couldn’t do anything about it.  Peter said he would go up and see what he could do.  He tried digging it out by hand but was unable to, so he used the loader and cleaned the ditches so that the water now runs in the ditches and not down the roadway.  Supervisor Stagliano stated that he did not want Peter doing any work on County roads.  However, Pete feels he did what falls under the Montgomery County Snow & Ice Contract, and wanted the board to be aware of the situation.

C.             Organization Meeting – a date will be set by Supervisor Stagliano.

Public Comment – none

Audit – (6:37 p.m. - 6:47 p.m.) Motion to accept the audit by Hezel, seconded by Nagele; passed 3-0. (Res. #02-128)  Voucher #12-297 through #12-323

Adjourn – Motion by Hezel, seconded by Millington to adjourn; passed 3-0. (Res. #02-129)  Meeting adjourned 6:47 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – November 21, 2002

The Town of St. Johnsville Town Board held a regular town board meeting on November 21, 2002, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; Randy A. Dygert, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Cynthia Nagele, Councilwoman; Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent

Public:  M. Rapacz (The Evening Times); Kathy Button (C-S-E); Floyd Stever, Code Enforcement Officer; Paul Flanders, Planning Board; Wiley Ford (Cingular Wireless)

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – all present

Adoption of Agenda – Motion by Nagele, seconded by Dygert; passed 5-0. (Res. #02-110)

***Bid Opening for Diesel, Plus Gas & Propane Bids***

Brandow Gas (Propane)  $1.05/gal. (fixed)

Amerigas Co. (Propane)   $1.012/gal (fluctuating)

Agway Co. (Propane)       $ .9180/gal. (fixed)

Agway Co. (Diesel)           $ .8439/gal. (fluctuating)

Agway Co. (Plus Gas)      $ .9149/gal. (fluctuating)

Town Clerk Minutes – Motion by Hezel, seconded by Millington to accept the minutes of October 17, 2002; passed 5-0. (Res. #02-111)

Departmental Reports – Motion by Nagele, seconded by Hezel to accept the Town Clerk’s, Code Enforcement Officer’s & Planning Board’s monthly reports; passed 5-0. (Res. #02-112)

Old Business

A.      Proposed Contract between the Town of St. Johnsville and the Town of Palatine – Attorney Mastromoro updated the town board stating that he has spoken with our insurance carrier, Doug Jones and there would be liability coverage.  Attorney Mastromoro suggested the need for approval by Montgomery County since the plowing agreement does involve a County road.

B.      Cemetery Request – town board is currently working on a solution to abandoned cemeteries.

New Business

A.      Awarding of Bids – Motion by Hezel, seconded by Millington to award the bid for propane to Agway Co. at a fixed price of $.9180/gal.; passed 5-0. (Res. #02-113)  Motion by Millington, seconded by Dygert to award the bid for plus gas to Agway at a fluctuating bid price of $.9149/gal.; passed 5-0. (Res. #02-114)  Motion by Millington, seconded by Dygert to award the bid for diesel to Agway Co. at a fluctuating bid price of $.8439/gal.; passed 5-0. (Res. #02-115)

B.      2003 Budget – Revisions made on November 18, 2002, included a change in the Highway Fund to $1.50/thousand, reduced from the proposed $2.85/thousand.  Motion by Stagliano, seconded by Millington to accept as the Preliminary Budget, passed 5-0. (Res. #02-116)  Motion by Nagele, seconded by Stagliano to hold a Public Hearing on the 2003 Preliminary Budget on December 2, 2002, at 12:00 noon, followed by a special meeting to adopt budget; passed 5-0. (Res. #02-117)

C.      Planning Board – Paul Flanders addressed the board stating that they would like to make the town board aware that Cingular Wireless will be applying to the Planning Board to install an antennae on an existing silo located on the Lazaroff property on Klock Road in the Town of St. Johnsville.  Wiley Ford, of Cingular Wireless gave a brief presentation of the proposed project.  The town board has directed the process to be handled by the Planning Board as per Local Law No. 1 of 1998.  The next Planning Board meeting will be held on December 10, 2002..

D.      Montgomery County Snow & Ice Contract 2002/2003 – Motion to approve the contract at $3,000/mile, with the total contract price of $39,750.00 by Hezel, seconded by Nagele; passed 5-0. (Res. #02-118)

Audit – Motion to enter into audit by Hezel, seconded by Nagele; passed 5-0. (Res. #02-119) (7:15 pm)  Motion to accept the audit by Hezel, seconded by Nagele; passed 5-0. (Res. #02-120) (7:34 pm) (Voucher #11-254 through 11-296; General $4,732.97, Part-Town $7,236.32, $11,258.31, Total $23,227.60)

Adjournment – Motion by Stagliano, seconded by Dygert; passed 5-0. (Res. #02-121)  Meeting adjourned 7:40 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – October 17, 2002

The Town of St. Johnsville Town Board held a regular town board meeting on October 17, 2002, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Randy A. Dygert, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Cynthia Nagele, Councilwoman; Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent

Absent:  Dominick Stagliano, Supervisor

Public:  M. Rapacz (The Evening Times) Floyd Stever, Code Enforcement Officer

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – Supervisor Stagliano absent.

Adoption of Agenda – Motion by Hezel, seconded by Millington; passed 4-0. (Res. #02-099)

Public Comment – none

Minutes – September 10, 2002, motion to approve by Hezel, seconded by Dygert; passed 4-0.  (Res. #02-100)

Departmental Reports – Motion by Hezel, seconded by Dygert to accept the Town Clerk’s, Code Enforcement Officer’s, Recreation Commission and Town of St. Johnsville Planning Board’s Monthly Reports; passed 4-0. (Res. #02-101)

Correspondence – distributed to all board members for review.

Old Business

A.      Fuel Bids – Motion by Hezel, seconded by Millington to reject all bids from last month on advice from Attorney Mastromoro because they do not meet the requirements of the notice (no non-collusion statements); passed 4-0. (Res. #02-102)  Motion by Hezel, seconded by Millington to re-advertise the bid specifications again for next month; passed 4-0. (Res. #02-103)

B.      Planning Board – Dean Handy addressed the board regarding the results of the survey.  A summary was presented to the board and a request for approval for the Town of St. Johnsville to contact the Montgomery County Planning Board to employ their services to create a Comprehensive Master Plan, with the next step to integrate the Land Use Laws into one usable packet with color coded mapping indicating zoned areas of Residential, Commercial and Industrial.  Motion by Hezel, seconded by Dygert to have the Town of St. Johnsville Planning Board contact Montgomery County Planning Board regarding particulars such as costs, etc. for creation of a Master Plan; passed 4-0. (Res. #02-104)

C.      Cemeteries – a letter was received last month from Beverly A. Kimball-Wright regarding an abandoned cemetery located on STHWY 67 in the Town of St. Johnsville.  Discussion followed with a motion by Hezel, seconded by Nagele to have the Town Clerk send a letter to Ms. Wright informing her that the board is looking into this matter further and will get back to her with their findings; passed 4-0. (Res. #02-105)  Motion by Hezel, seconded by Dygert to table this matter for further investigation; motion failed with a tie vote, Nagele and Hezel voting no, Dygert and Millington voting yes.  (Res. #02-106)

New Business

A.      Proposal for Snow Plowing Agreement with the Town of St. Johnsville and the Town of Palatine – Motion by Hezel, seconded by Millington to have Attorney Mastromoro contact Attorney Kirkpatrick (Town of Palatine attorney) with concerns of insurance coverage and Montgomery County approval; passed 4-0. (Res. #02-107)

B.      Culvert Request – Councilman Dygert asked Hwy. Superintendent Battisti about the request for a culvert pipe on Thumb Rd. on property owned by Michael Battisti.  Peter Battisti said that he was told the pipe is coming.

Public Comment – Peter Battisti, Hwy. Superintendent, presented three salt quotes to the board.  He informed the board that he ordered salt from Cargill at $28.80/ton.  He also informed the board that he will be ordering two scanners for the office and his home to monitor accident requests, etc.

Audit – Motion by Hezel, seconded by Nagele, to accept Voucher #’s 10-232 through 10-253, General Fund $2,044.69, Part-Town Fund $4,395.97 & Highway Fund $4,053.44, Total Abstract $10,494.10; motion passed 4-0. (Res. #02-108).

Adjournment – Motion by Dygert, seconded by Millington; passed 4-0. (Res. #02-109)  Meeting adjourned 7:21 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES - September 19, 2002

The Town of St. Johnsville Town Board held a regular town board meeting on September 19, 2002, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

 

Present: Dominick Stagliano, Supervisor; Randy A. Dygert, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Cynthia Nagele, Councilwoman; Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent

 

Public:   M. Rapacz (The Evening Times); Robert Smith (Courier-Standard-Enterprise); Floyd S. Stever, Code Enforcement Officer; William Putman & Ralph George

Meeting called to order 6:00 p.m.

 

Opening of Fuel Bids Brandow Oil co. Inc. for low sulfur diesel at $1.0540/gal. and Gasoline at $1.0455/gal. Brandow Gas Company for propane at $1.05/gal. Motion by Hezel to accept bids and have Attorney Mastromoro review, seconded by Nagele; passed 5-0. (Res. #02-091)

 

Salute to the flag Roll Call — all present

 

Adoption of Agenda — Motion by Nagele, seconded by Hezel; passed 5-0. (Res. #02-092) Public Comment — Ralph George said he obtained copies of correspondence regarding Fulmont Ready-Mix, Inc. from the Town Clerk, and feels that no one cares about the dust concerns he has since no one has been up to see the operations in five years. He also indicated that he has been in contact with NYSDEC and they took some tests; he suggested that the town contact them to find out the results. Floyd Stever, CEO addressed the board stating that he has contacted the St. Johnsville Nursing Home regarding the comment that Mr. George made last month that they cannot even bring residents outside because of the excessive dust. The Nursing Home said that they have not had any problems for three years with dust. He also reported to the board that he has provided Steven Damin with the necessary paperwork to complete should he wish to make a residence out of the trailer that he has parked on his property along west STHWY 5.

 

Minutes — Motion by Hezel, seconded by Millington to accept the minutes of August 15, 2002; passed 5-0. (Res. #02-093)

 

Departmental Reports — Motion by Dygert, seconded by Millington to accept the Code Enforcement Officer’s Report and the Town of St. Johnsville Planning Board minutes; passed 5-0.    (Res. #02-094) The Town Clerk’s Monthly Report was not available to date, due to problems with the new Decals System.

 

Correspondence — A letter was received from Beverly A. Kimball-Wright of Apache Jct, Arizona regarding her concern for a cemetery that is located on the Sponable Family lands. Attorney Mastromoro is to get with Pete Battisti to discuss this issue.

 

Old Business — none.

 

New Business

A. Fuel Bids — Attorney Mastromoro to review and include on agenda for next month.

B. Fall Clean-Up — Motion by Hezel, seconded by Nagele to hold Fall Clean-Up October l0th through October 12th from 6:00 am to 6:00 pm, with same stipulations as previous clean-ups; passed 5-0. (Res. #02-095)

C. Loader Proposal — information was presented from William Putman, Deputy Highway Superintendent, regarding the purchase of a new CAT Loader at a cost of $68,679 with $20,000 trade in, for a town cost of $48,679. It was agreed that this proposal should be included as part of the Highway Department 2003 budget request.

D. Screened Sand Purchase — three written estimates were received as follows for 1,500 yards:2

               Donald Baker               $2.50/yd. = $3,750.00

               EJ  Simek Gen. Cont.  2.75/yd. = $4,125.00

               Rifenburg                    $4.50/yd. = $6,750.00

Motion by Milling, seconded by Dygert to buy locally from Rifenburg at a cost of $4.50/yd.; passed 5-0. (Res. #02-096)

E.  Inventory — Peter Battisti submitted a physical inventory. Supervisor Stagliano stated that the board needs to raise the level of the fixed assets for inventory purposes.

F.  Street Light Requests — Motion by Hezel, seconded by Nagele to have Town Clerk contact Niagara Mohawk Power Corporation regarding blown bulbs in various street lights and to erect a street light on an existing pole located at the intersection of Crum Creek Road and Kennedy Road; passed 5-0. (Res. #02-097)

G.  Culvert — Councilman Dygert voiced a concern regarding a culvert on Thumb Road for the Battisti property; Hwy. Superintendent Peter Battisti said that it has been ordered. Dygert also commented that the trees look good cut out by the Thumb Road bridge.

H.    Montgomery County DPW — Supervisor Stagliano stated that it is a possibility that the maintenance of all County roads within the townships would be taken over by the towns, with paving still to be done by the County. He asked the Town Board to be thinking about this should it come up at the Montgomery County budget workshops.

Public Comment — Floyd Stever, CEO stated that he would like to see guardrail installed on the stretch of County roads of Vedder Road (from Special Place to Vedder Road) and along Clay Hill Road.

Audit — (6:38 pm-6:45 pm) Motion by Nagele, seconded by Hezel to accept the audit; passed 5-0. (Res. #02-098) Voucher #‘s 09-210 through 09-231 General $3,944.18! Part-Town $3,171.86! Highway $7,482.61/TOTAL $14,598.65

Adjournment — Motion by Hezel, seconded by Nagele to adjourn; passed 5-0. (Res. #02 -098) Meeting adjourned 6:46 pm

Submitted by: Lynn M. Stever, Town Clerk

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TOWN BOARD MINUTES – August 15, 2002

The Town of St. Johnsville Town Board held a regular town board meeting on August 15, 2002 at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; Randy A. Dygert, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Lynn M. Stever, Town Clerk; Peter Battisti, Highway Superintendent

Public: Ralph George & Louis Capece

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – Cynthia Nagele and Norman Mastromoro absent

Adoption of Agenda – Motion by Hezel, seconded by Millington to amend and accept agenda to include under New Business-Bids for Fuel; passed 4-0. Res. #02-083

Public Comment – Louis Capece addressed the board regarding the Macri property.  He feels that the barn is not housing cattle and therefore is attracting rodents, the pond they dug is a mosquito trap and the dirt bike paths they have made are creating a lot of dust.  Ralph George addressed the board regarding Fulmont Ready-Mix, saying that it continues to be a problem with noise and dust and he wants a letter from the Town Board stating that there is no problem with the operation at Fulmont Ready-Mix.

Minutes – Motion by Hezel, seconded by Dygert to accept the minutes of July 18, 2002; passed 4-0. (Res. #02-084)

Monthly Reports – Motion by Millington, seconded by Hezel to accept the Town Clerk’s & Code Enforcement Officer’s Monthly Reports; passed 4-0. (Res. #02-085)

Correspondence – a letter of resignation was received by Joseph M. Kuntzsch, Land Use Enforcement Officer.  Motion to accept with regret by Stagliano, seconded by Millington; passed 4-0. (Res. #02-086)

Old Business

A.      Dog Ordinance – remains tabled.

B.      Other – none.

New Business

A.       Land Use Enforcement Officer Position – previously accepted resignation of Joseph M. Kuntzsch.  Motion to appoint Floyd S. Stever as Land Use Enforcement Officer at an annual salary of $600.00 by Hezel, seconded by Millington; passed 4-0. (Res. #02-087)

B.       NYS Snow & Ice Agreement 2003/2004 – Peter Battisti, Hwy. Superintendent recommended to the board to wait on approving because the State will be inspecting the materials we use first.

C.       Fuel Bidding – Motion by Hezel, seconded by Millington to advertise for bid the diesel, propane and plus gas, returnable for September 19^th meeting; passed 4-0. (Res. #02-088)

D.       Mill Rd. Complaint – Councilman Hezel reported that he received a complaint from a resident on Mill Road regarding a neighboring home that has been vacated.  He would like to report that the problem has been remedied by our Highway Superintendent and Code Enforcement Officer, and would like to thank them for their response.

E.       Suits – a small shed has been erected on the Suits property.  The previous Land Use Enforcement Officer, Joseph M. Kuntzsch, said he wasn’t sure whether the structure is permanent or being built on site to be moved.  It was discussed and agreed that the situation will be monitored.

F.        Assessors – discussion on whether the town should change to one appointed assessor since currently only two of the three assessors are contributing towards the workload.  Supervisor Stagliano is to contact Brandt Rostohar, Chairman of the Assessors for his opinion and also to check with other towns what the necessary steps are and if it is working for them.

G.      Thumb Rd. – Councilman Dygert reported that trees are growing up next to the creek and asked if the Highway Department could clear them out.  Peter Battisti, Hwy. Superintendent said that August is the only month that you can work on it, however, a permit is needed from the County (he also stated that the last permit he obtained took one year to get).  Peter said that two years ago the County was suppose to open it all up, but to date, has not.  Peter will check to see if he can do anything.

H.       Other – none

Public Comment – Floyd S. Stever, Code Enforcement Officer, stated that he agrees that the dust created by the dirt bike paths on the Macri property is bad, and as Land Use Enforcement Officer, he will speak to the Macri’s to see if they can at least water the paths down.

Audit – (6:30 p.m.–6:38 p.m.)Motion by Hezel, seconded by Dygert to accept the audit (Vouchers #08-190 through 08-209); passed 4-0. (Res. #02-089)  General Fund $1,306.28/Part-Town Fund $3,226.24/Highway Fund $3,568.53  Total Abstract $8,101.05

Adjournment – Motion by Hezel, seconded by Dygert; passed 4-0. (Res. #02-090)  Meeting adjourned 6:38 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – July 18, 2002

The Town of St. Johnsville Town Board held a regular town board meeting on July 18, 2002 at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; Randy A. Dygert, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Cynthia Nagele, Councilwoman; Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town

Public:  M. Rapacz (The Evening Times); Dick Hency (Courier-Standard-Enterprise)

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – all present

Adoption of Agenda – Motion by Hezel, seconded by Dygert; passed 5-0. (Res. #02-074)

Public Comment – none.

Minutes – Motion by Nagele, seconded by Millington to accept the minutes of June 20, 2002; passed. 5-0. (Res. #02-075)

Departmental Reports – Motion by Millington, seconded by Nagele to accept the Town Clerk’s, Code Enforcement Officer’s, Dog Control Officers monthly reports and the Town of St. Johnsville Planning Board Minutes; passed. 5-0. (Res. #02-076)

Old Business

A.      Dog Ordinance – remains tabled.

B.      Other – none.

New Business

A.      Code Enforcement Officer’s Position – Motion by Nagele, seconded by Millington to enter into an executive session to discuss two applications for the position of Code Enforcement Officer; passed 5-0. (Res. #02-077) 6:08 p.m.  Returned to regular session 6:15 p.m.  It was reported that two applicants for the position of Code Enforcement Officer are Floyd S. Stever of St. Johnsville and John Jeannette of the Town of Danube.  Motion by Dygert, seconded by Hezel to appoint Floyd S. Stever as Code Enforcement Officer for the balance of the term, which expires December 31, 2002; passed 5-0. (Res. #02-078)

B.     NYS Snow & Ice Agreement 2002/2003 – Motion by Millington, seconded by Hezel to accept; passed. 5-0. (Res. #02-079) *See Attached Resolution

Public Comment – none.

Audit – Motion by Nagele, seconded by Hezel to accept Voucher #07-170 through #07-189, (General $838.47/ Part-Town $8415.16/ Highway $1792.56); passed 5-0.  6: 20 p.m. – 6:27 p.m. (Res. #02-080)

Budget Amendment – Motion by Stagliano, seconded by Nagele to approve budget amendments; passed 5-0. (Res. #02-081)

Adjourn – Motion by Hezel, seconded by Nagele; passed 5-0. (Res. #02-082)  Meeting adjourned 6:28 p.m.

Submitted by: Lynn M. Stever - Town Clerk

NYS Snow & Ice Agreement 2002/2003 Resolution #02-079

WHEREAS, the State of New York Department of Transportation has proposed an “Agreement To Extend Fixed Lump Sum Municipal Snow & Ice Agreement D005382” with the Town of St. Johnsville to expire June 30, 2003; and,

WHEREAS, the proposed extension is in the best interests of the Town of St. Johnsville,

NOW, this 18^th day of July, 2002, be it

RESOLVED, that the Town of St. Johnsville accept the proposed agreement to extend and the Supervisor be authorized to execute all necessary documents.

Motion by Councilman Millington, seconded by Councilman Hezel

Motion carried:

Supervisor Stagliano       Aye

Councilman Dygert          Aye

Councilman Hezel  Aye

Councilman Millington     Aye

Councilwoman Nagele     Aye

TOWN BOARD MINUTES – June 20, 2002

The Town of St. Johnsville Town Board held a regular town board meeting on June 20, 2002, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Randy A. Dygert, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Cynthia Nagele, Councilwoman; Lynn M. Stever, Town Clerk

Absent:  Dominick Stagliano, Supervisor; Peter Battisti, Hwy. Superintendent

Public:  M. Rapacz (The Evening Times); Dick Hency (Courier-Standard-Enterprise); Dean Handy & Jim King of the Town of St. Johnsville Planning Board

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – Dominick Stagliano, Supervisor & Peter Battisti, Hwy. Superintendent absent.

Adoption of Agenda – Motion by Hezel, seconded by Millington; passed 4-0. (Res. #02-067)

Public Comment – Dean Handy addressed the board regarding the Planning Board’s concerns that Land Use Permits are not being issued, and that the Code Enforcement Officer is issuing permits without the Land Use Officer’s approval.  He informed the board that it is the belief of the Town Planning Board that NO building permit can be issued without prior approval from the Land Use Officer.

Minutes – Motion by Hezel, seconded by Dygert, to accept the minutes of May 16, 2002; passed 4-0. (Res. #02-068)

Departmental Reports – Motion by Millington, seconded by Hezel to accept the Town Clerk’s & Code Enforcement Officer’s Monthly Reports, and the Town of St. Johnsville Planning Board minutes; passed 4-0. (Res. #02-069)

Correspondence:  The following was distributed to all board members – May 2002 Sales Tax Distribution, Letter from Scott & Jeanne Bruce regarding an abandoned camp (Abeling) on Beardslee Rd., and a resignation from the Code Enforcement Officer.

Old Business

A.      Dog Ordinance – Attorney Mastromoro reported that the state has preemption on the NYS Agriculture & Markets Law, Article 7.  Attorney Mastromoro will obtain sample laws from Ag & Mkts and the Town Clerk will obtain sample laws from area towns for the board to review next month.

B.      Land Use Application & Checklist – Attorney Mastromoro reviewed sample forms given to the board by the Planning Board.  Discussion followed, with a decision to table.

New Business

A.            Resignation of Code Enforcement Officer – resignation from Charles Chapman was received, effective June 30, 2002.  Motion by Millington, seconded by Nagele to accept with regret; passed 4-0. (Res. #02-070)  Motion by Millington, seconded by Hezel to have the Town Clerk advertise this vacancy in the papers, with the same ad that ran previously; passed 4-0. (Res. #02-071)

B.            Other – none

Public Comment – Dean Handy said the Town Planning Board is still in need of a two-drawer filing cabinet.

Audit – Motion by Hezel, seconded by Nagele; passed 4-0. (Res. #02-072) Voucher #06-141 through #06-169 $20,302.62

Adjournment – Motion by Hezel, seconded by Millington; passed 4-0. (Res. #02-073)  Meeting adjourned 7:19 p.m.

Submitted by: Lynn M. Stever - Town Clerk

TOWN BOARD MINUTES – May 16, 2002

The Town of St. Johnsville Town Board held a regular town board meeting on May 16, 2002 at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; Randy A. Dygert, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Cynthia Nagele, Councilwoman; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent

Public:  M. Rapacz (The Evening Times); Dick Hency (Courier-Standard-Enterprise); Charles Chapman, Code Enforcement Officer; Dean Handy, Chairman of the Planning Board

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – Lynn Stever absent

Adoption of Agenda – Motion by Dygert, seconded by Millington, passed 5-0. (Res. #02-060)

Public Comment – none

Minutes – Motion to accept minutes of April 18, 2002, by Hezel, seconded by Millington; passed 5-0.  (Res. #02-061)

Departmental Reports – Motion by Hezel, seconded by Millington to accept the Town Clerk’s, Code Enforcement Officer’s, Historian’s and Town of St. Johnsville Planning Board’s monthly reports; passed 5-0. (Res. #02-062)

Correspondence – Margaret Reaney Library Invitation

-        Sales Tax Distribution

-        J. Berry, Assessor Interim Certificate

-        NYSDEC Rifenburg Construction Permit

Old Business – none

New Business

A.      Dog Impound Fees – Beverly Puznowski, Dog Control Officer, is recommending that the board increase the fines in the ordinance.  Motion by Hezel, seconded by Stagliano to have the Attorney research and suggest fine/penalties limits; passed 5-0. (Res. #02-063)

B.      Planning Board – Dean Handy, Chairman of the Town of St. Johnsville Planning Board addressed the board regarding their need for a two-drawer filing cabinet and a key to the front door. Other items discussed were “what constitutes a sub-division” and an application for land use inspection, which was given by Handy to the Attorney to review.

C.      Other – none.

Public Comment – none.

Audit – (7:00 p.m. – 7:13 p.m.)  Motion by Hezel, seconded by Nagele to add Voucher #05-140 (the Town Clerk’s Computer) to the audit; passed 5-0. (Res. #02-064)

Motion to accept the audit (Voucher #05-113 through #05-140); passed 5-0. (Res. #02-065)

General                  $  3,543.30

Part-Town              $  3,229.55

Highway                 $  6,713.10

 TOTAL                  $ 13,485.95

Adjournment – Motion by Hezel, seconded by Dygert; passed 5-0. (Res. #02-066)  Meeting adjourned 7:14 p.m.

Submitted by: Lynn M. Stever - Town Clerk (taken from notes kept by Cynthia Nagele)

TOWN BOARD MINUTES – April 18, 2002

The Town of St. Johnsville Town Board held a regular town board meeting on April 18, 2002 at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; Randy A. Dygert, Councilman; Ronald Millington, Councilman; Cynthia Nagele, Councilwoman; Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent & Ronald Hezel, Councilman (arriving 6:27 p.m.)

Public:  M. Rapacz (The Evening Times); Dick Hency (Courier-Standard-Enterprise); Charles Chapman, Code Enforcement Officer

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – all present

Adoption of Agenda – Motion by Nagele, seconded by Millington; passed 4-0. (Res. #02-052)

Public Comment – none.

Minutes – Motion by Dygert, seconded by Nagele to accept the March 21, 2002, minutes; passed 4-0. (Res. #02-053)

Departmental Reports – Motion by Nagele, seconded by Millington to accept the Town Clerk’s, Code Enforcement Officer’s, Dog Control Officer’s & Town Recreation Commission’s Monthly Reports; passed 4-0. (Res. #02-54)

Old Business – none.

New Business

A.      Planning Board Appointments – Motion by Millington, seconded by Nagele to appoint James King (term expiration 12/31/05, Sandra Macri (term expiration 12/31/04) & Melanie Shuster (term expiration 12/31/03) to the Town of St. Johnsville Planning Board; passed 4-0. (Res. #02-055)  Motion by Nagele, seconded by Dygert to appoint Alan Littrell to the Land Use Board of Appeals (term expiration 12/31/04 ) if interested; passed 4-0. (Res. #02-056)

B.     Recycling Local Law – plans are to have Montgomery County adopt a Local Law, which would encompass all townships.

C.     Spring Clean-Up – Motion by Dygert, seconded by Millington to have the Town Clerk obtain quotes for dumpsters to be made available May 9^th-11^th 6:00 a.m. through 6:00 p.m., with stipulation that waste must be deposited at MOSA, and awarded to lowest responsible bidder; passed 4-0. (Res. #02-057)

D.     2001 Financial Report – Town Clerk to advertise legal notice in papers.

E.      Other – none.

Public Comment – none

Audit –(6:20 p.m.-6:40 p.m.) Motion by Nagele, seconded by Hezel to accept the following; passed 4-0. (Res. #02-058)

          Vouchers # 04-088 through 04-112

          General                  $ 2,183.44

          Part-Town              $ 4,398.16

          Highway                 $ 2,843.41

             TOTAL                $ 9,425.01

Adjournment – Motion by Nagele, seconded by Hezel; passed 5-0. (Res. #02-059)  Meeting adjourned 7:05 p.m.

Submitted by: Lynn M. Stever - Town Clerk

TOWN BOARD MINUTES – March 21, 2002

The Town of St. Johnsville Town Board held a regular town board meeting on March 21, 2002, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Randy A. Dygert, Councilman; Ronald A. Hezel, Councilman; Cynthia Nagele, Councilwoman; Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town

Absent:  Dominick Stagliano, Supervisor; Ronald Millington, Councilman; Peter D. Battisti, Sr., Hwy. Superintendent

Public:  M. Rapacz (The Evening Times); Charles Chapman, Code Enforcement Officer

***5:45 p.m. Interview for applicant to Planning Board - Alan Littrell***

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – D. Stagliano & R. Millington absent

Adoption of Agenda – Motion by Hezel, seconded by Dygert; passed 3-0. (Res. #02-043)

Public Comment – none.

Minutes – Motion by Hezel, seconded by Nagele to accept the minutes of February 21, 2002; passed 3-0. (Res. #02-044)

Departmental Reports – Motion by Hezel, seconded by Dygert to accept the Town Clerk’s, Code Enforcement Officer’s, Dog Control Officer’s and Town Recreation Commission’s Monthly Reports; passed 3-0. (Res. #02-045)

Old Business – none

New Business

A.      Planning Board Vacancies – all applicants have been interviewed.  Motion by Hezel, seconded by Nagele to table appointments until the April 2002 meeting; passed 3-0. (Res. #02-046)

B.     Agreement to Spend Highway Money – Motion by Hezel, seconded by Nagele; passed 3-0. (Res. #02-047)

C.     NYS Snow & Ice Agreement – Motion by Hezel, seconded by Nagele to table; passed 3-0. (Res. #02-048)

D.     NIMYR Insurance Proposal – Motion by Hezel, seconded by Nagele to accept; passed 3-0. (Res. #02-049)

E.      Recycling Local Law – Attorney Mastromoro has attempted to speak with the Attorney General to see if we would be required to adopt a Local Law, since we contract for recycling, however he has not been able to reach him yet.

F.      Conrail Assessment – a notice of claim against their assessment has been filed.  Brandt Rostohar, Chairman of the Assessors, feels we should stay with the class action suit, rather than to file separately through our own attorney.

Public Comment – none

Audit – (6:20 p.m.-6:35 p.m.) Motion by Nagele, seconded by Dygert to accept and approve for payment Vouchers #03-066 through #03-086; passed 3-0. (Res. #02-050) General Fund $1,437.19; Part-Town $3,215.00; Highway $3,288.99; Total $7,941.18

Adjournment – Motion by Hezel, seconded by Nagele; passed 3-0. (Res. #02-051)  Meeting adjourned 6:35 p.m.

Submitted by: Lynn M. Stever - Town Clerk

TOWN BOARD MINUTES - February 21, 2002

The Town of St. Johnsville Town Board held a regular town board meeting on February 21, 2002 at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; Randy A. Dygert, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Cynthia Nagele, Councilwoman; Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent

Public:  M. Rapacz (The Evening Times); Dick Hency (Courier-Standard-Enterprise); Charles Chapman, Code Enforcement Officer;  Joseph Kuntzsch & Jim Blackman, NYS Dept. of Transportation

*Planning Board Interviews were held 5:00 p.m. - 6:00 p.m.

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call - all present

Adoption of Agenda - Motion by Hezel, seconded by Millington; passed 5-0. (Res. #02-029)

NYS Dept. of Transportation Presentation - Jim Blackman addressed the board regarding the 2003/2004 Snow & Ice Agreement.  He said that NYS does not want to take back the winter maintenance; however, if the town feels it is not advantageous to them to continue the agreement, they will.  If this should happen, they would take both townships (St. Johnsville & Palatine).  Forms have been given to Peter Battisti and Lynn Stever, which would possibly allow the town to receive and increase in the 2003/2004 Snow & Ice Agreement.

Public Comment - Peter Battisti, Hwy. Superintendent has designated William Putman as Deputy Highway Superintendent.

Minutes - January 3rd & 17th; motion by Nagele, seconded by Hezel to accept; passed 5-0. (Res. #02-030)

Departmental Reports - Town Clerk's, Dog Control Officer, Code Enforcement Officer's and Annual Historian's Reports were received; motion by Hezel, seconded by Dygert to accept; passed 5-0. (Res. #02-031)

Correspondence - Resignation of Harvey J. Brundage; motion to accept by Hezel, seconded by Dygert; passed 5-0. (Res. #02-032)  Montgomery County Planning Board Minutes; State Controller's Audit Recommendation Letter; Tri-Valley Armed Forces Day Letter; motion to accept by Nagele, seconded by Hezel; passed 5-0. (Res. #02-33)

Old Business

A.  Linter Road - Attorney Mastromoro said Niagara Mohawk Power Corporation has sent a copy of a deed for Linter Rd. to him, (in 1926 Adirondack Power & Light deeded Linter Rd. to the Town of St. Johnsville, but the deed wasn't recorded, and the original cannot be located).  The town needs title to that property in order to settle the Pollitt land claim.  Attorney Mastromoro will record the quick claim deed and then the town can sign a portion of that road to the Pollitt's, based on the November 2001 resolution.  Descriptions of each land transfer have been provided by the surveyor. 

B.  Other - none.

New Business

A.  Planning Board Vacancies - interviews have been conducted, however one applicant is currently out of town, and that interview will be held at 5:45 p.m. on March 21, 2002, prior to the regular March meeting.  Motion by Hezel, seconded by Millington to table any decisions until the final applicant is interviewed; passed 5-0. (Res. #02-034)

B.  NYS Snow & Ice Agreement 2003/2004 - Motion by Hezel, seconded by Millington, to table and review at March 2002 meeting; passed 5-0. (Res. #02-035)

C.  Ayres Memorial Animal Shelter Contract - Motion by Hezel, seconded by Nagele to remove from the table; passed 5-0. (Res. #02-036)  Supervisor Stagliano stated that Judge Best has ruled and an agreement has been reached that one individual from each party oversees the financial records, with the annual meeting of the shelter in April and officers will be decided by members.  Motion by Hezel, seconded by Nagele to pay shelter contract for 2002; passed 5-0. (Res. #02-037)

D.  Recycling Law - Attorney Mastromoro stated that since MOSA rescinded its recycling, the Attorney General has sent a sample law to all townships, and would like each township to adopt a recycling law.  Attorney Mastromoro will contact the Attorney General's office and inform them that the Town of St. Johnsville contracts for recycling, and will clarify at the next board meeting.

E.  NYS Canal Corporation - Attorney Mastromoro recommended that the town let the state be the lead agency on the bike trail, it was agreed.

F.  DEC Understanding of Agreement for Waterways - requesting to be kept on notice should any work be done on any waterways within the township.  Attorney Mastromoro to review and address at next month's meeting.

G.  Executive Session for Personnel Matters - Motion by Stagliano, seconded by Hezel; passed 5-0. (Res. #02-038)  Motion by Hezel, seconded by Dygert to return to regular session with no decisions made on personnel matters; passed 5-0. (Res. #02-039)

H.  Purchasing Policy - Supervisor Stagliano proposed, on a recommendation of the auditor, that the Purchasing Policy be changed to improve dollar amounts under competitive bidding as per General Municipal Law 104B.  Motion by Stagliano, seconded by Dygert that the Purchasing Policy be changed under the Public Purchase Contracts to read "Under $300 no quotes required; $300-$3,000 minimum two verbal quotes; over $3,000-$9,999 three written quotes, etc.; passed 5-0. (Res. #02-040)

Public Comment - none.

Audit - 7:55 p.m.-8:30 p.m.  Motion by Hezel, seconded by Nagele to accept Voucher #02-030 through 02-065; passed 5-0. (Res. #02-041)

Adjournment - Motion by Hezel, seconded by Millington; passed 5-0.  (Res. #02-042)  Meeting adjourned 8:45 p.m.

Submitted by: - Lynn M. Stever - Town Clerk

TOWN BOARD MINUTES – January 17, 2002

The Town of St. Johnsville Town Board held a regular town board meeting on January 17, 2002 at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; Randy A. Dygert, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Cynthia Nagele, Councilwoman; Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent

Public:  M. Rapacz (The Evening Times); Dick Hency (Courier-Standard-Enterprise); Joseph Kuntzsch

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – all present

Adoption of Agenda – Motion by Hezel, seconded by Dygert; passed 5-0. (Res. #02-021)

Public Comment – none.

Minutes – Motion by Dygert, seconded by Hezel to accept the minutes of 11/21, 11/23, 12/20/01; passed 5-0. (Res. #02-022)

Departmental Reports – Motion by Hezel, seconded by Nagele to accept the monthly reports from the Town Clerk, Dog Control Officer and the Code Enforcement Officer, and also the annual report from the Code Enforcement Officer; passed 5-0. (Res. #02-023)

Old Business

A.      Suits – Attorney Mastromoro prepared a letter regarding the Suits violations and sent it to the Montgomery County Treasurer as per their request.

B.     Linter Rd. – Attorney Mastromoro is waiting for Niagara Mohawk Power Corporation send him a copy of the original deed, since no recording was ever made of the land transfer to the Town of St. Johnsville.

New Business

A.      Planning Board Vacancies – the town board will conduct interviews on February 21, 2002, beginning at 5:00 p.m. for four applicants.  Each interview will be scheduled for 15 minutes.

B.     Employee Assistance Program – Motion by Millington, seconded by Hezel to accept the contract at a cost of $150.00/annually; passed 5-0. (Res. #02-024)

C.     NYS Snow & Ice Agreement 2003/2004 – Motion by Hezel, seconded by Millington to include on the February agenda; passed 5-0. (Res. #02-025)

D.     Ayres Animal Shelter – Motion by Hezel, seconded by Millington to include on the February agenda; passed 5-0. (Res. #02-026)

E.      Other – it was agreed to allow additional time to the Highway Superintendent to appoint a Deputy Highway Superintendent.

Public Comment – none.

Audit – Motion by Nagele, seconded by Hezel to accept the audit; passed 5-0. (Res. #02-027) Voucher #01-001 through #01-029

General                            $    493.65

Part-Town                        $ 3,251.49

Highway                           $ 8,242.19

TOTAL                             $16,825.33

Adjourn – Motion by Hezel, seconded by Nagele; passed 5-0. (Res. #02-028)  Meeting adjourned 6:25 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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