TOWN BOARD MINUTES – December 18, 2003

The Town of St. Johnsville Town Board held a regular town board meeting on December 18, 2003, 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; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent

Absent:  Cynthia Nagele, Councilwoman

Public:  M. Rapacz (The Evening Times); K. Button (C-S-E); Floyd Stever, Code Enforcement Officer; & William Farber

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – Councilwoman Nagele absent

Adopt Agenda – Motion by Hezel, seconded by Millington; passed 4-0. #Res. #03-124

Public Comment – none

Town Clerk Minutes – Motion by Dygert, seconded by Millington to accept the minutes of November 20, 2003; passed 4-0. (Res. #03-125)

Departmental Reports – Motion by Hezel, seconded by Dygert to accept the Town Clerk’s and Code Enforcement Officer’s Monthly Reports; passed 5-0. (Res. #03-126)

Correspondence – Motion by Hezel seconded by Millington to accept the two letter of application for positions on the Board of Assessment Review and to discuss action at the January organizational meeting; passed 5-0. (Res. #03-127)

Old Business

A.            Adelphia Cable – Attorney Mastromoro reported that the Town has received a Proof of Claim and if the Town wants to file a claim it must be done by January 9, 2004; the Town declined stating that the taxes are paid directly to the County and the franchise fees are up to date with the Supervisor.

New Business

A.         Bids for Propane, Plus Gas & Diesel – Agway was the only bidder and Attorney Mastromoro said that the bids to conform to the specifications.  Motion by Hezel, seconded by Millington to accept the bid for Propane at $.9145; passed 4-0. (Res. #03-128)  Motion by Millington, seconded by Dygert to accept the bid for Diesel at $1.1261; passed 4-0. (Res. #03-129)  Motion by Dygert, seconded by Hezel to accept the bid for Plus Gas at $1.1385; passed 4-0. (Res. #03-130)

B.         Matis Road – A request has been received from a potential landowner that an abandoned section of Matis Rd. be reopened if they were to purchase the parcels and build on them.  It was agreed that this request be forwarded to the Planning Board for their review.

C.         Organizational Meeting – Motion by Stagliano, seconded by Millington to hold the 2004 Organizational Meeting on January 5, 2004, at 6:00 p.m., at which time raises for the Highway employees will be addressed; passed 4-0. (Res. #03-131)

D.         Assessors Financial Disclosure – the three Assessors were suppose to attend this meeting to address the board regarding new legislation that would require them to file a financial disclosure statement. 

Public Comment – Councilman Dygert stated that he has enjoyed working with them over his terms of office, and the board in turn thanked him for his years of service to the town.

Audit – (6:40 p.m. – 6:50 p.m.)  Motion by Hezel, seconded by Dygert to accept the audit (Voucher #03-270 through 03-294; passed 4-0. (Res. #03-132)

Adjournment – Motion by Hezel, seconded by Millington; passed 4-0. (REs. #03-133)  Meeting adjourned 6:50 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – November 20, 2003

The Town of St. Johnsville Town Board held a regular town board meeting on November 20, 2003, 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

Absent:  Ronald Hezel, Councilman

Public:  M. Rapacz (The Evening Times); K. Button (C-S-E), Floyd Stever, Code Enforcement Officer

***6:00 pm Bid Opening for Propane, Plus Gas & Diesel***

Agway was the only bidder for all three fuels:

Propane - $ .9145, Plus Gas $1.1385 and Diesel $1.1261

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – Ronald Hezel, absent.

Adopt Agenda – Motion by Dygert, seconded by Millington; passed 4-0. (Res. #03-116)

Public Comment - none.

Town Clerk’s Minutes – Motion by Nagele to accept the minutes of 10/16/03, 10/23/03, 10/30/03 & 11/6/03, seconded by Dygert; passed 4-0. (Res. #03-117)

Departmental Reports – Motion to accept Town Clerk’s Monthly Report for 0/03 and 10/03 by Dygert, seconded by Millington; passed 4-0. (Res. #03-118)

Correspondence – Motion by Dygert, seconded by Millington for Supervisor Stagliano to send a letter to the Village of St. Johnsville that the 2004 Town Budget is in place and the requested 3% increase would have to be addressed next budget year; passed 4-0. (Res. #03-119)

Old Business – none.

New Business

A.        Fuel Bids – Motion by Nagele, seconded by Stagliano to accept the three bids received from Agway and send to Attorney Mastromoro for review; passed 4-0. (Res. #03-120)

B.       Supervisor Stagliano to handle the requested increase from the Village of St. Johnsville for fire protection; notification of any increase must be made by September of the budget year.

C.       Other – none.

Public Comment – none.

Audit – (6:10 p.m.-6:30 p.m.) Motion by Nagele, seconded by Stagliano to enter into audit; passed 4-0. (Res. #03-121)  Motion to accept the audit by Nagele, seconded by Millington; passed 4-0. (Res. #03-122) (Voucher #03-227 through #03-269)

Adjournment – Motion by Nagele, seconded by Millington; passed 4-0. (Res. #03-123)  Meeting adjourned 6:30 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN SPECIAL BOARD MINUTES – November 6, 2003

The Town of St. Johnsville Town Board held a Public Hearing and special town board meeting on November 6, 2003, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452, on the 2004 Preliminary Town Budget

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

Public:  none

Public Hearing opened at 6:00 p.m.  No one from the public spoke.  Motion by Nagele, seconded by Stagliano to close the public hearing at 6:07 p0.m.; passed 5-0. (Res. #03-113)

Motion by Nagele, seconded by Millington to adopt the 2004 Preliminary Budget as the 2004 Town of St. Johnsville Budget; passed 4-1, Dygert voting no. (Res. #03-114)

Adjournment – Motion by Stagliano, seconded by Nagele; passed 5-0. (Res. #03-115)  Meeting adjourned 6:10 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN SPECIAL BOARD MINUTES – October 30, 2003

The Town of St. Johnsville Town Board held a special town board meeting on October 30, 2003, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452, for 2004 budget purposes.

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

Public:  M. Rapacz (The Evening Times), K. Button (CSE)

Meeting called to order 6:00 p.m.

Supervisor Stagliano presented expenditures as of 10/31/03 to all board members.  Discussion took place regarding 2004 Tentative Budget as presented.  It was agreed that no capital project be done for 2004 and CHIPS money be rolled over for the following year.

Motion by Nagele, seconded by Millington to make the following changes:

A 9060.8                 Reduced to $ 8,300

DB 5110.1              Reduced to $10,000

DB 5110.4              Reduced to $10,000

DB 5112.2              Reduced to 0

DB 5130.1              Increased to $26,000

DB 5130.2              Increased to $27,262

DB 5130.4              Increased to $28,000

DB 5140.1              Increased to $ 8,000

DB 5142.1              Increased to $15,500

DB 5142.4              Reduced to $15,000

DB 5148.1              Increased to $15,500

DB 5148.4              Reduced to $15,000          TOTAL TRANS.  $172,762.00

DB 9030.8              Reduced to $ 4,650

DB 9035.8              Reduced to $ 1,013

DB 9060.8              Reduced to $14,100  TOTAL DB 9000  $ 35,141

TOTAL HIGHWAY FUND APPROPORATIONS (OUTSIDE VILLAGE)

CHANGED TO $210,203; PASSED 5-0. (Res. #03-109)

Motion by Millington, seconded by Nagele to accept the budget as amended as the 2004 Preliminary Budget; passed 5-0. (Res. #03-110)

Motion by Millington, seconded by Dygert to hold a Public Hearing and Special Meeting on the 2004 Preliminary Budget on November 6, 2003, at 6:00 p.m.; passed 5-0. (Res. #03-111)

Adjournment – Motion by Hezel, seconded by Nagele; passed 5-0. (Res. #03-112)  Meeting adjourned 7:06 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN SPECIAL BOARD MINUTES – October 23, 2003

The Town of St. Johnsville Town Board held a special town board meeting on October 23, 2003, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452, for 2004 budget purposes.

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

Public:  M. Rapacz (The Evening Times), K. Button (CSE)

Meeting called to order 7:00 p.m.

Discussion followed on ways to trim the Tentative Budget and the proposed tax increases.  Councilman Dygert presented that we adopt the same figures as 2003, except the mandated increases, such as retirement, health insurance, etc.  Supervisor Stagliano explained the 2004 Tentative Budget as presented line by line.  Motion by Stagliano, seconded by Nagele to hold another special meeting for budget purposes on October 30, 2003, at 6:00 p.m.; passed 5-0 (Res. #03-107)

Adjournment – Motion by Hezel, seconded by Nagele; passed 5-0. (Res. #03-108)  Meeting adjourned 8:10 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – October 16, 2003

The Town of St. Johnsville Town Board held a regular town board meeting on October 16, 2003, 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), K. Button (C-S-E), Floyd Stever, CEO

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – all present

Adopt Agenda – Motion by Dygert, seconded by Millington; passed 5-0 (Res. #03-095)

Public Comment – none.

Town Clerk’s Minutes – Motion to accept the minutes of 9/18/03 by Dygert, seconded by Hezel; passed 5-0. (Res. #03-096)

Departmental Reports – Motion by Nagele, seconded by Dygert to accept the Code Enforcement Officer’s Monthly Reports for August and September; passed 5-0. (Res. #03-097)

Correspondence – the following correspondence was distributed to all town board members:

-Town Clerk’s letter to Mont. Co. DPW regarding guardrails on Old State Road and the intersection with Clay Hill Rd.

-Board of Elections letter appointing Alice Jean Thompson & Dorothy Yacowenia as Nursing Home Absentee Ballot Voting Inspectors

-A printout of STAR aid presented by the Assessors

-Letter from Mont. Co. Data Processing stating that they will be charging additional fees for processing BAS Tax Collections

Old Business

A.  Baum Road – Supervisor Stagliano asked Tom from Hanson Aggregates to put in writing their concerns regarding Baum Road because he was unable to attend.  (Copy of letter attached)  Discussion took place regarding the overage charged from the bid price of $42,538.50.  Councilman Dygert said he feels that the board should authorize payment of the original bid price, once the road cracks are fixed.  Hwy. Superintendent Battisti feels the board should wait until the road cracks are fixed.  Supervisor Stagliano stated that 67 tons overage was used and it was used not only in the intersection.  Motion by Dygert, seconded by Stagliano to pay the $42,538.50 when the road cracks are fixed, motion failed 3-2.  Vote:  Stagliano-yes; Dygert-yes; Hezel-no; Millington-no; Nagele-no. (Res. #03-098)  Motion by Millington, seconded by Nagele, to pay the entire bill of $44,854.14;           amended to include “after repairs are completed”, seconded by Hezel;  both motion and amendment were withdrawn by Councilman Millington. (Res. #03-099)  Councilman Hezel feels we should wait until the road is fixed and pay next month as Superintendent Battisti advised.  Hwy. Superintendent Battisti clarified a portion of Hanson’s letter stating that Hanson has asked to use the Town Gradall (when speaking of assisting), but Hanson will be doing the repairs.  Motion by Millington, seconded by Nagele to pay the bill the entire bill of $44,854.14, when repairs are completed and approved by the Highway Superintendent; passed 3-2.  Vote: Stagliano-no; Millington-yes; Hezel-yes; Dygert-no; Nagele-yes. (Res. #03-100)

New Business

A.  Montgomery County Snow & Ice Contract 2003/2004 – ($3,000/mile=$39,750.00) Motion to accept and authorize Supervisor Stagliano to sign agreement by Dygert, seconded by Nagele; passed 4-1, Millington voting no.  (Res. #03-101)

B.  2004 Budget – Supervisor Stagliano presented what he has as the present time; NYS Retirement figures and Health Insurance costs are yet to be finalized.  He also stated that the newspapers constantly have disagreements between himself and the Highway Superintendent, so this year he is presenting the Highway Budget as requested, which would amount to $6.26/thousand for the Town outside the Village.  Last year’s rate was $1.50/thousand.  The Tentative Budget as presented would include tax rates of General-$2.79/thous. (up $.03); Part-Town-$1.34/thous. (up $.16); Highway-$6.265/thous. (up $4.765); Fire District would remain the same at $1.67/thous.  Motion by Hezel, seconded by Millington to hold a budget workshop on October 23, 2003 at 7PM; passed 5-0. (Res. #03-102

C.   Propane, Diesel & Gas Bids – Motion by Nagele, seconded by Hezel to advertise for bids using specifications from last year; passed 5-0. (Res. #03-103)

Audit – Motion by Millington, seconded by Dygert to enter into audit; passed 5-0. Res. #03-104) (7:04-7:15 pm)  Motion by Nagele, seconded by Millington to accept the audit (Vouchers #03-205 through #03-227 $12,615.37); passed 5-0. (Res. #03-105)

Adjournment – Motion by Nagele, seconded by Stagliano; passed 5-0. (Res. #03-106)  Meeting adjourned 7:20 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – September 18, 2003

The Town of St. Johnsville Town Board held a regular town board meeting on September 18, 2003, 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; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent

Absent:  Cynthia Nagele, Councilwoman

Public:  M. Rapacz (The Evening Times); K. Button (C-S-E); Floyd Stever, Code Enforcement Officer

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – Councilwoman Nagele absent.

Adopt Agenda – Motion by Hezel, seconded by Dygert; passed 4-0. (Res. #03-088)

Public Comment – none

Town Clerk Minutes – Motion by Dygert, seconded by Millington to accept the minutes of August 21, 2003; passed. 4-0. (Res. #03-089)

Departmental Reports – Motion by Dygert, seconded by Millington to accept the Town Clerk’s Monthly Report and the Town of St. Johnsville Planning Board’s monthly minutes; passed 4-0. . #03-090)

Correspondence – Motion by Dygert, seconded by Millington to accept the following correspondence; passed 4-0. (Res. #03-091)

-Peter Battisti, Hwy. Sup. Presented budget figures to town board,  showing overages in some accounts.

-Copies of letters regarding the request for a lower speed limit for Crum Creek Rd. and Richards Road.

-NYS Thruway letter regarding lead agency for the bike path.

-A. Joyce Berry completed the necessary training for Assessor position.

-H.C. Smith Benefit Club is renewing their liquor license.

Old Business

A.           Sand – Board directed Town Clerk to provide a copy of the revised Purchasing Policy to the Highway Superintendent and to follow the guidelines provided.

B.           Baum Road – Motion by Stagliano to pay the balance of $4,485.41 to Hanson Aggregates, motion withdrawn.  Peter Battisti, Hwy. Sup. Recommended not paying remainder of the bill until the road is fixed right.  It was agreed that Supervisor Stagliano should contact Hanson and ask them to come to a meeting to discuss the concerns of cracks on Baum Rd. and the additional costs over bid price.  It was agreed to hold the remainder of the bill until the October 2003 meeting.

New Business

A.         Fall Clean-Up – Motion by Dygert, seconded by Millington to hold Fall Clean-Up October 17^th & 18^th from 9-3pm; passed 4-0. (Res. #03-092)

B.         2004 Town Budget - Supervisor Stagliano will be providing the budget late due to the proposed increase in health insurance costs, etc.  The County is attempting to find comparable insurance at a lower cost.  The Supervisor also asked that the board also look into some insurance alternatives.

C.         Other – none

Public Comment – none

Audit – (7:04-7:12 pm) Motion to accept the audit by Hezel, seconded by Millington; passed 4-0. (Res. #03-093) Voucher #03-187 thru #03-204

Adjourn – Motion by Millington, seconded by Dygert; passed 4-0. (Res. #03-094)  Meeting adjourned 7:15 pm

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – August 21, 2003

The Town of St. Johnsville Town Board held a regular town board meeting on August 21, 2003, 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:  K. Button (C-S-E), Floyd Stever, CEO

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – all present

Adopt Agenda – Nagele, seconded Millington; passed 5-0 (Res. #03-076)

Public Comment – none.

Minutes – July 17, 2003 & July 31, 2003; motion to accept by Nagele, seconded by Hezel; passed 5-0. (Res. #03-077)

Departmental Reports – Motion by Dygert, seconded by Dygert to accept the Town Clerk’s & Code Enforcement Officer’s monthly reports; passed 5-0. (Res. #03-078)

Correspondence:  Motion by Nagele, seconded by Hezel to accept the following; passed 5-0 (Res. #03-079)

-        Letter from Hugh Farley, dated 7/31/03, regarding codes violations within the Town of St. Johnsville

-        Equalization rate 50.0

Old Business

A.         Street Lighting – it was agreed that a survey of street lights needs to be updated.  Motion by Hezel, seconded by Millington giving the Town Clerk authorization to handle any power and lighting concerns with Niagara Mohawk Power Corporation; passed 5-0. (Res. #03-080)

B.        Richards Road Speed Limit Reduction Request – Motion by Millington, seconded by Hezel to request a speed limit reduction study from NYS DOT for Crum Creek Road from the Village limits to Mill Road, and all of Richards Road; passed 5-0. (Res. #03-081)

C.        Purchasing Policy – Motion by Nagele, seconded Hezel to change wording in Public Works to read:  Under $1000, $1000-$5000 and Over $5000-$19999; passed 5-0. (Res. #03-082)

New Business

A.       Sand – Supervisor Stagliano will make a comparison sheet and distribute to board members for a special meeting.

B.      Canal Corridor – NYS wants to be lead agency.  Motion by Hezel, seconded by Millington agreeing to have the State of New York be lead agency but would like an additional comment made that the Town of St. Johnsville would like the bike path to be paved from Minden to Lock 17 in Little Falls; passed 5-0. (Res. #03-083)

C.      NYS Snow & Ice Agreement – Motion by Hezel, seconded by Nagele to accept the contract for $4,849.35 ($932.57/mile X 5.2 miles); passed 5-0. (Res. #03-084)

D.      Baum Road – Discussion took place regarding some concerns with the paving on Baum Rd. by Hanson Aggregates, Inc.  Some spots are only ½” thick and one area has cracked.  Peter Battisti was directed to mark all spots that do not meet the specifications and Hanson will be contacted regarding a solution.

Public Comment – none

Audit – (7:00 p.m.-7:15 p.m.) Motion by Hezel, seconded by Nagele to exclude the Hanson Aggregates (Voucher #177A) from audit and to accept the audit of Voucher #03-164 through #03-183 for payment; passed 4-1, Supervisor Stagliano voting no. Res. #03-085)  Motion by Hezel, seconded by Nagele to pay Voucher 177A Hanson Aggregates at 90% of the $44,854.14, with the balance to be paid when the Highway Superintendent is satisfied with completion as to specifications; passed 4-1, Councilman Dygert voting no; passed 4-1. (Res. #03-086)

Adjournment – Motion by Millington, seconded by Dygert; passed 5-0. Res. #03-087) Meeting adjourned 7:17 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN SPECIAL BOARD MINUTES – July 31,2003

The Town of St. Johnsville Town Board held a special town board meeting on July 31, 2003, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452, for the purpose of Opening and Awarding Baum Road Paving Bids, Revising Purchasing Policy and Highway Issues

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)

Meeting called to order 6:00 p.m.

Opening Bids for Paving of Baum Road –

1.     Hanson Aggregates NY, Inc. – 1.4 miles with one 18’ wide pass @ $34.25/ton of Type 6 Top

a.     2 ½” top = $70,276.50

b.    1 ½” top = $42,538.50

Motion by Hezel, seconded by Millington to accept the bid for consideration and Attorney Mastromoro to review; passed 5-0. (Res. #03-071)  Motion by Hezel, seconded by Millington to award the bid to Hanson Aggregates NY, Inc. for $42,538.50, of Type 6 top 1 ½” with one 18’ wide pass; passed 5-0. (Res. #03-072)  The Highway Superintendent and Hanson are to coordinate time frame to allow for preparation work to Baum Road.

Purchasing Policy – Motion by Hezel, seconded by Millington to amend the Purchasing Policy to include wording as provided by Attorney Mastromoro, to include under “Contracts for Public Works”, to read *”Each public officer or official engaged in purchasing shall take all deliberate care to document his/her steps, especially the securing of quotations.  Such documentation shall include telephone log and notes and, as may be applicable to obtain the purchase, the providing of the cost of utilizing (a) town employee labor at the full hourly rate otherwise in effect, and, (b) town vehicles/equipment at current Montgomery County Department of Public Works Rental Rates established by Montgomery County Department of Public Works for the Town of St. Johnsville.  The cost of town employee labor and, as applicable, shall be considered an additional factor to determine the actual quote for the purchase”; passed 5-0. (Res. #03-073)  Motion by Millington, seconded by Hezel to include under Purchase Contracts, the wording “as projected on an annual basis”; passed 5-0. (Res. #03-074)

Highway Issues – discussion took place as to the role/responsibility of the Highway Superintendent and the Town Board.  Attorney Mastromoro informed the board that basically the Town Board’s responsibility is to set the wages and budget, “the power of the purse”, and the Highway Superintendent’s responsibility is to have the power over his employees, utilization of employees (such as hiring, firing, setting hours, etc.) while adhering to the fiscal limitations imposed by the Town Board and by following the procurement policy.  The Highway Superintendent is also responsible for the repair and maintenance of the town highways however, the power to execute this duty is limited by the funds set by the Town Board.  One exception may be snow removal because it is an unknown and emergency decisions may need to be made by the Highway Superintendent.

Public Comment – none.

Adjournment – Motion by Hezel, seconded by Millington, passed 5-0. (Res. #03-075)  Meeting adjourned 6:53 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – July 17, 2003

The Town of St. Johnsville Town Board held a regular town board meeting on July 17, 2003, 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

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – all present

Adoption of Agenda – Motion by Hezel, seconded by Nagele to add Street Lighting under Old Business; passed 5-0 (Res. #03-063)

Public Comment - none

Minutes – Motion by Hezel, seconded by Millington to accept the minutes of May 15^th and June 19, 2003; passed 5-0 (Res. #03-064)

Departmental Reports – Motion by Dygert, seconded by Hezel to accept the Town Clerk’s and Code Enforcement Officer’s Monthly Reports; passed 5-0. (Res. #03-065)

Correspondence –

          MOSA letter dated 6/25/03 regarding GAT

          Speed Limit Reduction Request for Richards Road

          Waste Hauling-Mohawk Valley Organics LLC Permit

          NIMYR Risk Management

Old Business

A.      Street Lighting – Councilman Hezel spoke with Mr. Wind at Niagara Mohawk Power Corporation regarding an inventory of all town street lights.  Hezel reported that he will be meeting with Mr. Wind and Keith Andrews of NIMO next week in an attempt to remedy this situation, and will report back to the board next month.

B.      Rifenburg Reclamation of Gravel Pit – it has been reported to the Code Enforcement Officer that they have been hauling material from Mohawk Valley Organics and filling in their pit located off of Snell Road.  The NYSDEC has been contacted and the CEO has inspected the site and will follow-up.

New Business

A.      Baum Road Paving Specifications – Supervisor Stagliano said the County is supposed to be providing the town with specs, but has received nothing to date.  The length of Baum Road to be paved is 1.4 miles.  Peter Battisti, Hwy. Superintendent said that we have $36,000+ in CHIPS money and $3,400 from the FEMA storm reimbursement, for a total of $39,400.  Attorney Mastromoro was directed to look into the possibility of piggyback biding with bid done by the Town of Palatine, if not a copy of their specs will be used for our bid specs.  Motion by Hezel, seconded by Millington to amend the Highway Agreement to $42,000 for (#2) Capital Improvements; passed 5-0. (Res. #03-066)  Motion by Stagliano, seconded by Nagele, that in the event that Attorney Mastromoro determines that we cannot piggyback bid with Palatine, bids would be returnable by July 31, 2003, 6:00 p.m.; passed 5-0. (Res. #03-067)

B.      Sand – the board directed Peter Battisti, Hwy. Superintendent to obtain three written quotes and indicate screen size on each quote.  He stated that he plans to haul 1,500 yards (approx. 125 loads).  Prices that he verbally quoted to the board were Seismic $3.00/yd., Rifenburg $4.50/yd., and Baker $2.50/yd.

C.      Richards Road Speed Limit Reduction – Motion by Millington, seconded by Hezel to direct Attorney Mastromoro to make a formal speed limit reduction request for Richards Road and Crum Creek Road; passed 5-0. (Res. #03-068)

D.      MOSA – it was agreed that all waste in the Town of St. Johnsville be disposed of at MOSA to help with the GAT.

Public Comment – none.

Audit – (7:05-7:20) Motion by Millington, seconded by Hezel to accept the audit (Vouchers#03-143 thru #03-163 $11,736.03); passed 5-0. (Res. #03-069)

Adjournment – Motion by Millington, seconded by Dygert; passed 5-0. (Res. #03-070)  Meeting adjourned 7:25 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – June 19, 2003

The Town of St. Johnsville Town Board held a regular town board meeting on June 19, 2003, 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; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent

Absent:  Cynthia Nagele, Councilwoman

Public:  M. Rapacz (The Evening Times), K. Button (C-S-E), Floyd Stever, Code Enforcement Officer

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – Cynthia Nagele, absent

Adoption of Agenda – Motion by Stagliano, seconded by Hezel, passed 4-0. (Res. #03-057)

Public Comment – none.

Minutes – minutes of 5/15/03 will be presented next month (copier not working)

Departmental Reports – Motion by Dygert, seconded by Hezel, to accept the Town Clerk’s, Code Enforcement Officer’s & Planning Board minutes; passed 4-0. (Res. #03-058)

Correspondence:  was distributed to all board members.

-State Dept. of Equalization Letter-AJ Berry removal for non-qualifications as assessor

-Sales Tax Distribution 4/03

-FEMA Payment for winter storms $3,345.55

-Franchise Assessments

Old Business

A.        Street Lighting – Councilman Hezel completed a drive around survey of all street lights located within the Town of St. Johnsville.  He indicated that it is impossible to determine what lights are supposed to be on and what lights we are paying for.  It was agreed to have Councilman Hezel contact Mr. Wind and NIMO regarding a solution to this problem.

New Business

A.  Agreement to Spend Highway Funds – Motion by Stagliano to accept the highway agreement for $35,000 General Repairs for 14.75 miles, seconded by Dygert; motion withdrawn by Stagliano.  Discussion took place regarding the proposed paving of Baum Road.  Highway Superintendent, Peter Battisti, presented the following price quotes to the board:  $24,705.28 for a double seal (Cady Co.), $33,566.62 for blacktop with 1 ½” top (Cady Co.), and $42,228.00 for blacktop Type 6 State Top (Hanson Aggregates).  It was agreed that a double seal would not be the choice.  Motion by Stagliano, seconded by Hezel, to amend the Agreement to Spend Highway Funds to $29,000 (#1) General Repairs for 14.75 miles and $34,000 (#2) in Capital Improvements.  The Capital Improvement project would consist of blacktopping Baum Road a distance of 1 ¼ miles from the Oppenheim town line to Burrell Road, with the town budget amended to reflect these amounts and; passed 4-0.  (Res. #03-059)  It was agreed to have the Supervisor sign this agreement and to also provide specifications.

B.        Town Recreation Commission – the town board was informed that the Recreation Commission has purchased mosquito larvae dunks and have distributed them in the swampy areas at the Soldiers & Sailors Memorial Park and other areas of the town to hopefully control the mosquito population.

C.        Junk Highway Broom – Highway Superintendent informed the board that the Town of Cherry Valley is interested in our old broom.  Peter said the broom is of no use to us is not necessary or usable to us and would like the board to consider giving it to the Town of Cherry Valley for parts.  Motion by Dygert, seconded by Millington; passed. 4-0. (Res. #03-060)

Public Comment – none

Audit – (6:55 p.m. – 7:10 p.m.)Motion by Hezel, seconded by Stagliano to accept the audit; passed 4-0. (Res. #03-061) General $1,744.77/ Part-Town $9,923.91/ Highway $52,356.94, Totaling $64,025.62

Adjournment – Motion by Hezel, seconded by Stagliano to adjourn; passed 4-0. (Res. #03-062)  Meeting adjourned 7:10 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – May 15, 2003

The Town of St. Johnsville Town Board held a regular town board meeting on May 15, 2003, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

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

Absent:  Ronald Millington, Councilman; Peter Battisti, Hwy. Superintendent

Public:  M. Rapacz (The Evening Times); Kathy Button (C-S-E); Floyd Stever, Code Enforcement Officer

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – Millington & Battisti absent

Adoption of Agenda – Motion by Nagele, seconded by Dygert; passed 4-0. (Res. #03-052)

Public Comment – none

Minutes – Motion by Dygert, seconded by Nagele to accept the minutes of April 17, 2003; passed 4-0. (Res. #03-053)

Reports – Motion by Hezel, seconded by Dygert to accept the Town Clerk’s and Code Enforcement Officer’s Reports; passed 4-0. (Res. #03-054)

Correspondence – none

New Business

A.      Street Lighting – discussion again this month of what lights are on in the town and what lights we are being billed for.  It was agreed to have Councilman Hezel do an inventory of street lights not on in the township.

B.      Land Use Complaints – Town Clerk reported that she has received anonymous calls with stating health concerns about their belief that Dibble Construction is hauling hazardous waste from the Town of Minden and mixing it with topsoil on property behind the town.  It was agreed that the Attorney for the Town will contact the Consolidated Board of Health with this issue.  Floyd Stever, Code Enforcement Officer, brought two complaints that he has received regarding junk cars along the roadway of Vedder Road and junk lawnmowers located on property of Clay Hill Road.  The Attorney for the Town and the Code Enforcement Officer will discuss and handle.

C.      Highway Raises – Motion by Dygert to give the Highway Department employees a $.30/hr. raise, retroactive to January 1, 2003; no second received. 

D.      Board of Appeals Vacancy – Councilman Hezel  brought to the board the interest from Joshua Battisti to serve on this board.  Norman Mastromoro stated that anyone over the age of 18 may serve or run for office.  It was agreed to wait for a letter of application from Joshua.

Public Comment – none

Audit –   (7:28 p.m.–7:40 p.m.) Motion by Hezel, seconded by Nagele to accept the audit; passed 4-0. (Res. #03-055) (Voucher #03-085 thru #03-108 totaling $23,857.81

Adjourn – Motion by Stagliano, seconded by Nagele; passed 4-0. . #03-056 Meeting adjourned 7:41 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – April 17, 2003

The Town of St. Johnsville Town Board held a regular town board meeting on April 17, 2003, 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

Absent:  Ronald Hezel, Councilman; Peter Battisti, Sr., Hwy. Superintendent

Public:  M. Rapacz (The Evening Times); Kathy Button (Courier Standard Enterprise); & Floyd Stever, Code Enforcement Officer

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – Hezel & Battisti absent

Adoption of Agenda – Motion by Millington, seconded by Nagele; passed 4-0. (Res. #03-045)

Public Comment – none

Minutes – Motion to accept the minutes of March 20, 2003, by Nagele, seconded by Dygert; passed 4-0. (Res. #03-046)

Reports – Motion by Dygert, seconded by Millington to accept the Town Clerk’s, Code Enforcement Officer’s, and Planning Board’s Monthly Reports; passed 4-0. (Res. #03-047)

Old Business – none

New Business

A.      Spring Clean-Up – Motion by Dygert, seconded by Millington to hold a Spring Clean-Up May8th through May 10^th 8am-6pm, gate off west entrance, and strictly enforce only Town of St. Johnsville resident’s dumping; passed 4-0. (Res. #03-048)  It was also agreed to look into a possible curbside pick-up for the Fall Clean-Up

B.      Election Districts – Motion by Dygert, seconded by Millington to accept the boundary descriptions as provided by the Montgomery County Board of Elections; passed 4-0. (Res. #03-049)

C.      Trial Balance – Supervisor Stagliano presented a 12/31/2002 Trial Balance to all board members.

D.      Highway Raises – agreed to be on agenda for May 2003.

E.      Adelphia Cable Franchise – it was agreed to hold off for another month.

F.      Zoning – Supervisor Stagliano stated that the Village of St. Johnsville is looking to rework their zoning ordinance and suggested that the Town and Village Planning Boards might meet to discuss common interests and goals.  Supervisor Stagliano said he will pursue the matter.

Public Comment – none

Audit – (6:37 pm-7:10 pm) Motion by Nagele, seconded by Dygert to accept the audit (Vouchers #03-060 through #03-084 totaling $22,435.90); passed 4-0. (#03-050)

It was brought to the board’s attention that Peter Battisti, Hwy. Superintendent ordered an extra tire and rim for the new CAT Loader; however, it was agreed that Supervisor Stagliano cancel it.

Adjournment – Motion by Stagliano, seconded by Dygert; passed 4-0. (Res. #03-051)  Meeting adjourned 7:20 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – March 20, 2003

The Town of St. Johnsville Town Board held a regular town board meeting on March 20, 2003, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; 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:  Randy Dygert, Councilman

Public:  M. Rapacz (The Evening Times); K. Button (Courier-Standard-Enterprise); Floyd Stever, Code Enforcement Officer; William Putman & Robert Hoyer

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – R. Dygert absent

Adoption of Agenda – Motion by Hezel, seconded by Nagele; passed 4-0. (Res. #03-034)

Public Comment – none

Town Clerk Minutes – Motion by Hezel, seconded by Millington to accept January 16, 23^rd and February 20^th minutes; passed 4-0. (Res. #03-035)

Departmental  Reports – Motion by Nagele, seconded by Hezel to accept the Town Clerk’s & Code Enforcement Officer’s Monthly Reports, Planning Board’s Minutes and Historian’s Annual Report; passed 4-0. (Res. #03-036)

Correspondence – distributed to all board members with a motion to accept by Hezel, seconded by Millington; passed 4-0. (Res. #03-037)

Old Business

A.      St. Johnsville/Palatine Road Contract – is complete, copy to be given to Highway Superintendent.

B.       Adelphia Franchise – has filed Chapter 11 and is continuing to operate.  Attorney Mastromoro to get information to the town board and a meeting is to be scheduled for sometime in May.

C.      Street Lightings – getting street lights turned on and billing questions continue to be a concern.  Supervisor Stagliano is to contact Keith Andrews of Niagara Mohawk Power Corp on March 21^st at 9:00 am and report back to the board.

New Business

A.      Highway Equipment Purchase – discussion took place regarding what should be purchased.  Supervisor Stagliano proposed that the town purchase a front end loader, with 2003 budget money and supplement with balance from capital reserve fund).  Stagliano said the auditor said that money was mixed and open ended and so old that it could be used for whatever is needed.  The purchase of a front end loader would need no borrowing with $68,700 cost with $20,000 trade-in, $23,700 payable from 2003 budget and balance of $25,000 from the capital reserve account.  Peter Battisti, Highway Superintendent, said that he feels we don’t need a loader right now, he would rather have a dump with a plow and wing.  He said the town has just spent $3,000 on front rims for trucks and the front ends on the trucks aren’t good.  He said the trucks aren’t holding up and three studs have broken on the rims.  He questioned the board as to what they want to do with the front ends on the trucks.  Motion by Stagliano, seconded by Nagele to purchase a CAT 924G front end loader for $48,679 (NYS bid price)with trade in, financed by transfer of $25,000 from capital reserve to highway equipment DB 5130.2; passed 4-0. (Res. #03-038)

B.      2003 Attorney for the Town Agreement – motion by Nagele, seconded by Millington to accept and authorize Supervisor Stagliano to sign; passed 4-0. (Res. #03-039)

C.      Code Enforcement Officer – Floyd Stever, CEO reported that he has rejected a building permit from Wayne Smith for an addition to his home, which would put the addition 15’ from the side yard property line.  This violates the 20’ side yard requirement as listed in the Land Use Law.  A variance is needed and currently a Land Use Board of Appeals does not have enough members to have a quorum.  It was questioned whether the town board could act at the BOA, however, that would not be legal.  Attorney Mastromoro is to determine BOA eligibility.  Motion by Nagele, seconded by Hezel to appoint William Putman as a member of the Board of Appeals; passed 4-0. (Res. #03-040)

D.      FEMA – figures for storms of Christmas and New Year’s must be filed by March 27, 2003.

E.      DEC Resolution – Motion by Hezel, seconded by Nagele to accept resolution urging legislature to increase fee retained by municipalities issuing hunting and fishing licenses under decals program; passed 4-0. (Res. #03-041)

F.      Montgomery County Tourism Committee – currently the Town of St. Johnsville is not represented and Councilman Hezel would be interested in serving on this committee.  Supervisor Stagliano stated that someone is also need for the Bed Tax Committee, which Hezel said he would also be interested in.   Supervisor Stagliano will contact Bill Heisert, Committee Chair for further information.

Public Comment – none

Audit – (7:13 p.m.-7:25 p.m.) Motion by Hezel, seconded by Nagele to accept the February bills; passed 4-0. (Res. #03-042) (Voucher #03-024 thru #03-059)

Motion by Nagele, seconded by Hezel to accept the March bills; passed 4-0. (Res. #03-043) (Voucher #03-060 thru #03-082)

Adjournment – Motion by Hezel, seconded by Nagele; passed 4-0. (Res. #03-044)  Meeting adjourned 7:25 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – February 20, 2003

The Town of St. Johnsville Town Board regular scheduled for February 20, 2003, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452 was not held due to lack of a quorum

Present:  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 A. Dygert,  Councilman; Ronald Millington, Councilman

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

Submitted by: Lynn M. Stever - Town Clerk

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TOWN SPECIAL BOARD MINUTES – January 23, 2003

The Town of St. Johnsville Town Board held a special town board meeting on January 23, 2002, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452, for the purpose of purchasing highway equipment

Present:  Dominick Stagliano, Supervisor; 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:  Randy A. Dygert, Councilman

Public:  M. Rapacz (The Evening Times); Kathy Button, (C-S-E); Robert Borst & Robert Hoyer

Meeting called to order 6:00 p.m.

Discussion began regarding what should be purchased as equipment for the Highway Department.  Supervisor Stagliano stated that he feels a loader and a one ton truck should be purchased; Councilwoman Nagele agreed.  Councilman Hezel stated that he feels taxes are too high now and that we should be looking for a used truck to purchase.  Highway Superintendent stated that he feels either a new or used truck should be purchased, not a loader.  He also stated that he would like a truck somewhere between the one ton and the 10-wheelers that we have now; he feels the problem is with getting parts for the big trucks, however, parts are available for our loader.

Attorney Mastromoro stated that a 2/3 vote (4 out of 5 town board members) is needed to pass a purchasing/borrowing agreement.

Supervisor Stagliano stated that he will propose a resolution at the February 2003 regular meeting.

Adjournment – Motion by Nagele, seconded by Hezel; passed 4-0 (Res. #03-033)  Meeting adjourned 6:29 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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