Town of Saint Johnsville 2004 Minutes Archive

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The Town Board of St. Johnsville

Minutes Archive - 2004

 

TOWN BOARD MINUTES – December 16, 2004

The Town of St. Johnsville Town Board held a regular town board meeting on December 16, 2004, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; William Farber, 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), D. Hency (C-S-E), Brandt Rostohar, Assessor & Robert Bauer, Code Enforcement Officer

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – all present

Adopt Agenda – Motion by Hezel, seconded by Millington; passed 5-0. (Res. #04-119)

Public Comment – none.

Minutes – Motion by Farber, seconded by Nagele to accept the minutes of November 18, 2004; passed 5-0. (Res. #04-120)

Departmental Reports – Motion by Farber, seconded by Millington to accept the Town Clerk’s, Assessor’s verbal report and the Planning Board’s Monthly Reports; passed 5-0. (Res. #04-121)

Old Business – none

New Business

A. Assessors – Brandt Rostohar, Chairman of the Assessors addressed the board regarding some severe computer problems that they are currently having.  He stated that it is currently working, however, if he should continue to experience problems, he will need a replacement in a hurry.  Motion by Farber, seconded by Stagliano to have Brandt Rostohar and Ronald Hezel get together to purchase, if it is an emergency, a Dell computer ($1,400 state bid) for the best deal and price; passed 5-0. (Res. #04-122)

B. Comprehensive Plan – Supervisor Stagliano said he has reviewed it and feels it is well done, and suggested Councilman Hezel review it and make any grammatical changes necessary and prepare an index.  Then we will have copies made.

C. Planning Board Meeting Date Change – the regularly scheduled meetings of the Town of St. Johnsville Planning Board has been changed to the 2nd Tuesday of each month at 7:00 p.m.

D. Board of Assessment Review – Motion by Hezel, seconded by Millington to table and address at the Organizational Meeting; passed 5-0. (Res. #04-123)

E.  Dog Ordinance – Attorney Mastromoro to review.

Public Comment – Peter Battisti, Hwy. Superintendent suggested that bidding for fuels and garbage are done in the spring, rather than making any changes during the winter months.

Audit – (6:20 p.m. – 6:30 p.m.) Motion by Farber, seconded by Hezel to accept the audit (Voucher #04-243 through #04-04-256); passed 5-0. (Res. #04-124)  Judge Brian Haak recommended to pay voucher #04-243 in the amount of $390.65 to the Fort Plain Animal Hospital, then to seek restitution through the courts from the two parties involved.

Adjournment – Motion by Farber, seconded by Hezel, passed 5-0. (Res. #04-124)  Meeting adjourned 6:30 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – November 18, 2004

The Town of St. Johnsville Town Board held a regular town board meeting on November 18, 2004, 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

Absent:  William Farber, Councilman; Peter Battisti, Hwy. Superintendent

Public:  M. Rapacz (The Evening Times), D. Hency (C-S-E), Robert Bauer, CEO, Linda Kellett, Dean Handy, Shelly Arduini, Dean Handy

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – Farber & Battisti absent

Adopt Agenda – Motion by Nagele, seconded by Millington; passed 4-0. (Res. #04-110)

Public Comment – Robert Bauer reported that Bernard Masi needs a variance for a building permit that has been rejected.  Shelly Arduini reported that water is running across the roadway of Allen Heights Rd.  Supervisor Stagliano said that he will have the Montgomery County DPW look into it.

Minutes – Motion by Nagele, seconded by Hezel to accept the minutes of 10/21 & 10/28/04; passed 4-0. (Res. #04-111)

Departmental Reports – Motion by Millington, seconded by Hezel to accept the Town Clerk’s and Supervisor’s Monthly Reports; passed 4-0. (Res. #04-112)

Old Business

A. Land Use Board of Appeals – Motion by Hezel, seconded by Millington to appoint the following people to the Land Use Board of Appeals; passed 4-0. (Res. #04-113)  Philip Brown (5 yr. term), Olivia David, (4yr. term), Julia King (3yr. term), Robert Smith (2yr. term) & Timothy Smith (1yr. term).  Motion by Hezel, seconded by Nagele to appoint James McGowan to the Planning Board; passed 4-0. (Res. #04-114)  The Town Clerk is to notify the Land Use Board of Appeals that they have an appeal pending and a meeting must be set as soon as possible.

New Business

A. 2005 Budget – Motion by Hezel, seconded by Millington to accept; passed 4-0. (Res. #04-115)

B. Code Enforcement Officer – Robert Bauer gave a report to the board regarding his duties from the last month.  He reported that Wayne Smith’s chimney has been raised as requested, the car display lot on the Bret Jones’ property is being addressed, he will be continuing to monitor the need for a fence around a swimming pool located on Arthur Shuster’s property, as well as monitoring the Suits property and the old Johnson Plastic’s property.

C. Land Use Board of Appeals – Motion by Stagliano, seconded by Millington to appoint Olivia Davi as Chairman; passed 4-0. (Res. #04-116)

D. Comprehensive Plan – the Town of St. Johnsville needs to present a copy of their resolution accepting the Comprehensive Plan to the Town Board, the board will review it and set a date for a public hearing.

E.  Other – none.

Public Comment – none.

Audit – (6:35 pm – 6:45 pm) Motion by Hezel, seconded by Nagele to accept the voucher #’s 04-212 through #04-242 & DB04-102, but not a voucher presented for $390.65 from the Fort Plain Animal Hospital for euthanasia of a dog as a result of a dog fight on Baum Rd.  The board stated that the owners of the dogs involved should be responsible, not the town. (Res. #04-117)

Adjournment – Motion by Hezel, seconded by Nagele; passed 4-0. (Res. #04-118)  Meeting adjourned 6:45 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – October 28, 2004

The Town of St. Johnsville Town Board held a special town board meeting on October 28, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

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

Absent:  Norman Mastromoro, Attorney for the Town & Peter Battisti, Highway Superintendent

Public:  M. Rapacz (The Evening Times), K. Button (C-S-E), Robert Hoyer, George Matis, Sr., Michelle Davis & MaryAnn Davis

Meeting called to order 6:00 p.m.

Public Comment – George Matis, Sr. addressed the board regarding consolidation of both the Town and Village governments.  He feels it is something that the Town should look into in an effort to save money and duplication of services.

Discussion took place regarding the 2005 Preliminary Budget.  The budget calls for tax rates as follows:

          General Fund  $2.750/thousand  (down .04)

          Part-Town Fund  $1.498    (up .16)

          Highway Fund $2.288  (down .24)

          Fire Protection $1.733    (up .06)

The Town Clerk brought up a request from the Highway Superintendent, who was unable to attend this meeting, to move $32,000.00 from DB 5130.2 to DB 5112.2, and to increase A 5010.4 from $450.00 to $550.00.  The board agreed that for the present time, no change would be made regarding the $32,000.00; however, a motion by Councilman Hezel, seconded by Councilman Farber to decrease A 1340.4 by $100.00 and increase A 5010.4 by $100.00 to $550.00; passed 5-0. Res. #04-107)

Discussion followed regarding a proposed salary increase for the Highway Superintendent.  Councilman Farber moved to reduce A 5010.1 to $26,000.00, seconded by Councilman Millington; defeated 3-2. Vote:  Supervisor Stagliano-no, Councilwoman Nagele-no, Councilman Farber-yes, Councilman Hezel-no & Councilman Millington-yes. (Res. #04-108)

Discussion followed regarding proposed salary changes for all individuals, with Councilman Millington stating that everyone should get an across the board increase of 2.5%; no decisions were made. Further discussion will take place at the regularly scheduled meeting for November 18, 2004, at 6:00 p.m., at which time final adoption will be held. 

Adjourn:  Motion by Councilman Hezel, seconded by Councilwoman Nagele; passed 5-0. (Res. #04-109)  Meeting adjourned 6:59 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN SPECIAL BOARD MINUTES – October 7, 2004

The Town of St. Johnsville Town Board held a special town board meeting on October 7, 2004, at 5:30 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

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

Public:  M. Rapacz (The Evening Times), R. Lindsay (C-S-E)

Meeting called to order 5:30 p.m.

Supervisor Stagliano presented the 2005 Tentative Budget, and explained and answered questions on any changes from last year. 

Motion by Farber, seconded by Nagele to adopt the 2005 Tentative Budget as the 2005 Preliminary Budget; passed 5-0. (Res. #04-097)  Supervisor Stagliano said there is not much of a tax increase, but will calculate the figures when he receives the necessary figures from the Assessors.

Motion by Nagele, seconded by Millington to hold a public hearing on October 21, 2004, at 5:45 pm; passed 5-0. (04-098)

Adjourn – Motion by Farber, seconded by Hezel; passed 5-0. (Res. #04-099)  Meeting adjourned 6:25 pm

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – September 16, 2004

The Town of St. Johnsville Town Board held a regular town board meeting on September 16, 2004, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; William Farber, 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), Robert Bauer, Code Enforcement Officer & Brandt Rostohar, Assessor

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – all present

Adopt Agenda -  Motion by Farber, seconded by Millington; passed 5-0. (Res. #04-086

Public Comment – none.

Minutes – Motion by Nagele, seconded by Farber to accept the minutes of August 19, 2004; passed 5-0. (Res. #04-087)

Departmental Reports – Motion by Farber, seconded by Millington to accept the Town Clerk’s, Planning Board’s, Supervisor’s, Code Enforcement Officer’s and the Highway Inventory; passed 5-0. (Res. #04-088)

Correspondence – letter from the Association of Towns regarding traffic violation fees with a sample resolution to retain monies in each municipality.  Also received was a letter notifying us that Triumpho Road bridge is now open for traffic as of September 13, 2004.

Old Business

A.  Land Use Board of Appeals – received letters of interest from Olivia Davi and James McGowan.  Motion by Hezel, seconded by Farber to table and work on getting more people before appointing anyone; passed 3-2, Stagliano and Nagele voting no, stating that they feel these appointments should be made and a continuing effort to find three additional people.

B. NYS Snow & Ice Contract – Motion by Farber, seconded by Millington to accept the 2004/2005 contract, with necessary documentation to apply for an increase from $4,4849.35 to $5,516.25; passed 5-0. (Res. #04-089)  A spreadsheet of hourly wages from 1991 through 2004 will also be submitted, showing the labor increases.

C. Fire Contract – Motion by Hezel, seconded by Nagele to enter into a 3-yr. agreement with the Village of St. Johnsville for fire protection (2005-$26,919.9, 2006-$27,458.29, 2007-$28,007.45); passed 5-0. (Res. #04-090)

New Business

A. Sand/Salt Purchases – Peter Battisti, Hwy. Superintendent presented prices for sand; he does not have salt prices to date.  Rifenburg $5.00/yd., Simek $2.50/yd. Baker-$2.50/yd.  Motion by Farber, seconded by Millington to purchase sand from Rifenburg at a cost of $5.00/yd., providing it meets state specifications, not to exceed $9,999.00; passed 5-0. (Res. #04-091)  Peter requested that a budget transfer be made to cover the cost of sand, salt and fuel, and said that with tonight’s bills DB 5130.4 will be approximately $4,300 short.  Motion by Farber, seconded by Millington to transfer $17,000.00 from DB 5130.2 to DB 5142.4 ($4,500.00), DB 5148.4 ($4,500.00) & DB 5130.4 ($8,000.00); passed 5-0. (Res. #04-092).

B. Fall Clean-Up – Motion by Farber, seconded by Millington to hold Fall Clean-Up October 15th & 16th, from 9-4 pm; passed 5-0. (Res. #04-093)

C. Resolution to Support Restoration of Traffic Fine Revenues – Motion by Farber, seconded by Nagele to accept the sample resolution as provided by the Association of Towns and forward to Tonko and Farley on town letterhead; passed 5-0. (Res. #04-094)

D. Other – none.

Public Comment – none

Audit – (7:19 pm-7:24 pm) Motion by Farber, seconded by Hezel to pay Voucher #04-173 through 04-192, along with the remainder of DB 04-100 and DB 04-101 held out for approval by Supervisor Stagliano because they were purchased prior to the signing of the Highway Agreement; passed 5-0. (Res. #04-095)

Adjourn – Motion by Hezel, seconded by Nagele; passed 5-0. (Res. #04-096)

Meeting adjourned 7:25 pm

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – August 19, 2004

The Town of St. Johnsville Town Board held a regular town board meeting on August 19, 2004, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  William Farber, 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), K. Button (C-S-E), George Matis

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – Supervisor Stagliano absent

Adopt Agenda – Motion by Hezel, seconded by Farber to accept the agenda with the addition of the NYS Snow & Ice Contract under Old Business; passed 4-0. (Res. #04-074)

Public Comment – George Matis again addressed the board regarding the duplication of services by having both Town & Village governments.  He feels this is unnecessary and a waste of taxpayer money.  He asked that the board look into consolidation of these two governments.

Minutes – Motion by Millington, seconded by Hezel to accept the minutes of July 15, 2004; passed 4-0. (Res. #04-075)

Departmental Reports – Motion by Farber, seconded by Hezel to accept the Town Clerk, Planning Board & Code Enforcement Officer’s monthly reports; passed 4-0. (Res. #04-076)

Correspondence – Motion by Hezel, seconded by Millington to include the 2005 Fire Contract on next month’s agenda; passed 4-0. (Res. #04-077)

Old Business

A. Street Lighting – Motion by Hezel, seconded by Millington to remove from the table the topic of street lighting; passed 4-0. (Res. #04-078)  Councilman Farber presented some options that he feels the board has regarding street lighting.  Following a lengthy discussion by the board as to the possible options, a motion was made by Farber, seconded by Millington to leave all street lights on that are currently on with Niagara Mohawk either removing the remaining street light fixtures or leaving them on the poles; passed 4-0. (Res. #04-079)  It was also agreed that the board will look into who pays for lights on state and county roadways in other townships.

B. Land Use Board of Appeals – Motion by Farber, seconded by Nagele to table until next month’s meeting; passed 4-0. (Res. #04-080)

C. NYS Snow & Ice Contract 2004/2005 – motion by Farber to sign the 2004/2005 contract with the necessary paperwork to be filed now for the 2005/2006 contract; motion failed with a tie vote of 2-2.  Vote:  Nagele-yes, Farber-yes, Millington-no, Hezel-no. (Res.#04-081)  Discussion followed regarding the paperwork that must be filed to receive an increase.  Councilman Farber and Millington  will work on the paperwork and put on the agenda for signature next month, along with a letter hoping to receive the increase for the 20004/2005 contract.  Motion by Farber, seconded by Hezel to table until next month; passed 4-0. (Res. #04-082)

New Business

A. Sand and Salt Purchases – Peter Battisti, Hwy. Superintendent, addressed the board regarding what the board wants to do regarding the purchase of sand and salt.  He presented prices of sand at Hanson - $5.00/yd., Simek $2.50/yd., and Baker $2.50/yd.  He indicated that he usually hauls 200 loads.  He said he does not have any prices on salt yet.  It was agreed to put this issue on the agenda for next month’s meeting.

Public Comment – none.

Audit – (6:53 pm-7:08 pm) Motion by Farber, seconded by Millington to pay vouchers #04-156 thru #04-172; passed 4-0. (Res. #04-083)  At the Highway Superintendent’s request, the board reviewed vouchers that he has approved for payment to the Supervisor (Voucher #DB04-100 thru #DB04-101).  Upon the advice of the Attorney, who stated that based only on statute, not opinions or case law, it does not appear to prohibit the authorization of payment of the previously held vouchers for accounts DB 5110.4.  Motion to approve vouchers #04-092, 093, 094, 095B, 122 & 123 by Farber, seconded by Nagele; passed 4-0. (Res. #04-084)

Adjournment – Motion by Millington, seconded by Farber; passed 4-0. (Res. #04-085)  Meeting adjourned 7:14 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – July 15, 2004

The Town of St. Johnsville Town Board held a regular town board meeting on July 15, 2004, 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:  William Farber, Councilman

Public:  M. Rapacz (The Evening Times), K. Button (C-S-E), Robert Bauer, George Matis, Sr.

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – Councilman Farber absent

Adopt Agenda – Motion by Nagele, seconded by Hezel; passed 4-0. (Res. #04-065)

Public Comment – George Matis, Sr. addressed the board regarding consolidating both the Village and Town governments.  He said the school is currently looking into consolidating with another district, resulting from a recent favorable poll (78% in favor of), and feels the board should look into consolidation to save tax dollars.

Town Clerk Minutes – Motion by Millington, seconded by Hezel to accept the minutes of June 17, 2004; passed 4-0. (Res. #04-066)

Departmental Reports – Motion by Nagele, seconded by Hezel to accept the Town Clerk’s Monthly Reports for May and June 2004, the Supervisor’s Monthly Report and the Planning Board Minutes for June & July; passed 4-0. (Res. #04-067)

Old Business

A. Street Lighting – motion by Hezel, seconded by Nagele to table until next month; passed 4-0. (Res. #04-068)

B. Planning Board Request – the request received from the Planning Board to reword the Land Use Law has been reviewed by Attorney Mastromoro.  The Attorney has presented the board with a checklist of items to be considered and consulted prior to any changes to zoning.  Attorney Mastromoro suggested the board seek assistance through the state and counties and also indicated that he would be able to provide the Planning Board with some agencies for them to consult with, such as the Association of Towns.

C. Highway Agreement – the proposed Highway Agreement as previously presented was brought to the table again for the board’s consideration.  After a lengthy discussion it was agreed to include the following wording under General Repairs “including, but not limited to, a culver extension on Mosher Road, gravel/crusher run, trees removed and repair or replacement (money providing) of two culverts on Klock Road, and grading of Linter Road.  Motion by Hezel, seconded by Nagele to add the above paragraph after “thereof & including” and then sign agreement; passed 3-1, Stagliano voting no. (Res. #06-069)  Supervisor Stagliano said that bills for Accounts DB 5110.4 and DB 5112.4 will no longer need to be audited by the board; they will go directly to the Supervisor for payment.

D. Land Use Board of Appeals – Attorney Mastromoro informed the board that Village and Town of St. Johnsville residents may be on the Board of Appeals.  He also stated that Planning Board members cannot be on the Town Board; therefore, it would appear that the Town Board cannot serve as the Board of Appeals.  The Board of Appeals currently has five vacancies, and town board members to present names at next month’s meeting.

New Business

A. Code Enforcement Officer/Land Use Enforcement Officer – Motion by Hezel, seconded by Millington to appoint Robert Bauer to fill the current vacancy for a period of 7/15/04 through 12/31/04 at a prorated salary of $3,600/year; passed 4-0. (Res. #04-069)

B.NYS Snow & Ice Agreement 2005/2006 – no increase in amount per mile is indicated because the necessary paperwork has not been completed.  Councilman Millington said he won’t vote for it without an increase.  Motion by Millington, seconded by Hezel to table; passed 4-0. (Res. #04-070)

C. Budget Transfers – Motion by Nagele, seconded by Hezel to transfer $3,000 from DB 5130.1 to DB 5140.1; passed 3-1.  Stagliano voting no.  (Res. #04-071)

D. Other – it was agreed to have Randy Snell clean the carpets in the offices at a cost of $150.00, and order light bulbs for office lights.

Public Comment – Supervisor Stagliano stated that he agreed with George Matis regarding the consolidating of Town and Village governments.

Audit – (7:44 p.m. – 7:50 p.m.) Motion by Hezel, seconded by Nagele to pay vouchers #04-136 through #04-155; passed 4-0. (Res. #04-072)

Adjournment – Motion by Millington, seconded by Nagele; passed 4-0.  (Res. #04-073)  Meeting adjourned 7:50p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – June 17, 2004

The Town of St. Johnsville Town Board held a regular town board meeting on June 17, 2004, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

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

Absent:  Peter Battisti, Hwy. Superintendent

Public:  M. Rapacz (The Evening Times), Dean Handy, George Matis, Robert Bauer & Joseph Kuntzsch

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – all present

Adopt Agenda - Motion by Hezel, seconded by Millington; passed 5-0 (Res. #04-056)

Public Comment – George Matis addressed the board stating that he feels the Village and Town governments should consolidate into one board.  He stated that it should be studied and put to the voters for a vote.

Minutes – Motion by Farber, seconded by Hezel to accept the minutes of May 20, 2004; passed 5-0 (Res. #04-057)

Departmental Reports – Motion by Farber, seconded by Millington to accept the Supervisor’s Annual Report and the Monthly Report for May 2004; passed 5-0 (Res. #04-058)  Town Clerk’s Monthly Report for April will be presented next month.

Correspondence – May 2004 Mortgage Tax Distribution

-        Village request for the Town to help fund the Village Summer Concerts

-        Town of St. Johnsville Planning Board Land Use Change Recommendations

-        NIMIR 2003 Annual Report

-        Land Use Board of Appeals options presented by Councilman Farber

Old Business

A. Street Lighting – Councilman Farber will take the surveys completed by NIMO and the Town Clerk and review them and make recommendations at the July 2004 meeting.

B. Other – none.

New Business

A. Highway Agreement –discussion took place regarding the proposed Highway Agreement as presented previously by Hwy. Superintendent, Peter Battisti.  Councilman Farber proposes the $20,000 for General Repairs, however, would like a list of anticipated projects, the board agreed.  Councilman Farber said he will speak with Peter Battisti regarding this agreement.

B. CEO/LUEO – Supervisor Stagliano stated that a local resident has expressed an interest in this vacant position.  Robert Bauer presented a letter of interest to the Town Board for this vacancy.  Supervisor Stagliano suggested that the board wait another one or two weeks for any additional letters of interest and then conduct interviews for the position.

C. Town of St. Johnsville Planning Board – recommendations were presented to the Town Board from the Planning Board to change the Land Use Law, so as not to discourage development.  He stated that the Planning Board is in the process of doing a Master Plan with approximately ¾ of it completed.  Motion by Hezel, seconded by Millington to accept the recommendations as presented by the Town of St. Johnsville Planning Board for further review, and to direct Attorney Mastromoro to make recommendations to the Town Board and the Planning Board regarding the legal aspects; passed 5-0. (Res. #04-059)  The proposed wording from the Planning Board is “amending Land Use Law, Section 9 A2, Part B #5; and those commercial ventures in keeping with parameters established in our ongoing revisions to our comprehensive plan”.  Attorney Mastromoro will provide a checklist of items regarding this proposal for review by the Town Board and the Planning Boards.

D.  Zoning Board of Appeals Vacancies – Councilman Farber suggest various options to fill the vacant Zoning Board of Appeals.  Option 1:  make a local law superceding Town Law Section 267-3 which prohibits a Town Board from appointing one of it’s board members to another board; Option 2:  make a local law superseding the Public Officer Law Section 3 and Town Law Section 23 superceding the residency requirement; Option 3: Town Board Members get out and talk to Town residents to find qualified people that will fill these positions.    It was agreed that Town Board members will look at Option 3 and Attorney Mastromoro will review the other options.

E.  Village Summer Concert Funding Request – it was requested by the Village of St. Johnsville Parks & Recreation Commission that the Town of St. Johnsville help fund the Summer Concert series in the amount of $900.00.  Supervisor Stagliano said that we would have the funding available since no salary has been paid to a CEO/LUEO. Motion by Farber, seconded by Nagele; passed 5-0. (Res. #04-060)  $900.00 to be transferred from B 3620.1 to B 7560.4

Public Comment – Dean Handy thanked the board for the opportunity to speak and their input regarding the proposed changes to the Town of St. Johnsville Land Use Law.

A request by Town Clerk, Lynn Stever for the town to purchase a dehumidifier and flowers for the planters out front of the offices and to have the carpets professionally cleaned was presented.  Motion by Farber, seconded by Millington to have Councilman Hezel purchase a dehumidifier, with the size to be determined by him, flowers not to exceed $40.00, and to follow the purchasing policy regarding the carpet cleaning; passed. 5-0 (Res. #04-061)

Joseph Kuntzsch addressed the board regarding the Town of St. Johnsville Land Use Law.  He stated that you cannot make changes to the law without having a comprehensive plan in place.  He also stated that the culverts that are raised up on Klock Road need to be fixed and that the sides of the road are eroding.  He also said that a dead elm tree hangs over the road by Klock Road Extension and doesn’t want anyone to get hurt.

Audit – Motion by Hezel, seconded by Millington to enter into audit (7:20 pm-7:30 pm); passed 5-0. (Res. #04-062)  Motion by Farber, seconded by Nagele, to accept the audit, with no vouchers to be paid from Account DB 5110.4; passed 5-0. (Res. #04-063) Voucher #’s 04-121 thru #04-04-135

Audit – Motion by Farber, seconded by Hezel; passed. 509. (Res. #04-064)  Meeting adjourned 7:30 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – May 20, 2004

The Town of St. Johnsville Town Board held a regular town board meeting on, May 20, 2004, 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:  William Farber, Councilman

Public:  M. Rapacz (The Evening Times), B. Rostohar, Assessor

Meeting called to order 6:00 p.m.

*Moment of Silence for past Supervisor W. Revere Dockey*

Salute to the flag

Roll Call – all present

Adopt Agenda – Motion by Nagele, seconded by Millington; passed 4-0. (Res. #04-050)

Public Comment – none

Minutes – Motion by Nagele, seconded by Hezel to accept the minutes of April 15, 2004; passed 4-0. (Res. #04-051)

Departmental Reports – Motion by Millington, seconded by Nagele to accept the Town Clerk’s, Supervisor’s & Planning Board’s reports; passed 4-0. (Res. #04-052)  Brandt Rostohar, Chairman of the Assessors addressed the board regarding various items such as, Grievance Day is May 25, 2004, 6pm-10pm, Tentative Roll is filed 5/1/04, with legal ads in the CSE & The Evening Times, Citizen’s Telecom is requesting a reduction in their special franchise assessments (OORPS sets the assessments) from $281,026 to $70,257; financial disclosure law exempts assessors making less than $20,000; railroad ceiling reduction of $14,861; equalization rate is 42.16%, last year was 50%.

Old Business

A. Niagara Mohawk Street Lighting – NIMO provided a street light survey map of all street lights for the board to review.  The Town Clerk is to spot lights compared to a survey completed by the Clerk and have ready for board review next month.

B. Other – none

New Business

A. Highway Agreement – Peter Battisti, Hwy. Superintendent presented a highway agreement showing $20,000 in General Repairs for 14.75 miles of town highways, with no money in the budget for Capital Improvements, no money was proposed for roadwork.  Supervisor Stagliano said that the town received $18,456.31, not $34,000 as the Highway Superintendent said we had banked in the CHIPS.  The difference was taken out of fund balance to pay for the paving of Baum Road.  Pete said he would check with CHIPS to see why we did not receive the $34,000.  Actual money received in 2003 from FEMA was $5,501, which was more than the $3,400 reported to be received.  A heated discussion took place regarding the proposed Highway Agreement, with a motion by Hezel, seconded by Millington to table until the June board meeting; passed 4-0. (Res. 04-053)  Supervisor Stagliano said no bills will be paid until the agreement is signed. 

B. Code Enforcement Officer/Land Use Officer – no applicants to date.  Supervisor Stagliano suggested that the board restructure the fee schedule.

C. Re-Zoning Request – The Town Planning Board is requesting that a section of the town be rezoned from Ag. 1 to Commercial.  This section would run west from Snell Road to the Damin Property along STHWY 5.  Town resident Randy Fitzpatrick would like to purchase a section of property located along that section to build an automotive garage.   Currently it is not a permitted use, however, that section’s primary use is Commercial.  The Planning Board is to propose the change to the Montgomery County Planning Board for their approval. 

D. Other – it was approved that Beverly Puznowski, Dog Control Officer be allowed to purchase a dog crate with the cost not to exceed $100.

Public Comment – none

Audit – (8:00 pm-8:14pm)  Motion by Nagele, seconded by Millington to pay vouchers #04-106 thru 04-120, with Voucher #’s 04-92, 93, 94, 95 (1/2), 121,122 & 123 being held out for payment until the Highway Agreement is signed; passed 4-0. (Res. #04-054)

Adjournment – Motion by Hezel, seconded by Millington; passed 4-0. (Res. #04-055)  Meeting adjourned 8:14 pm

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – April 15, 2004 

The Town of St. Johnsville Town Board held a regular town board meeting on, April 15, 2004,  at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; William Farber, 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)

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – all present

Adopt Agenda – Motion by Nagele, seconded by Farber; passed 5-0. (Res. #04-039)

Public Comment – none

Town Clerk Minutes – Motion by Farber, seconded by Nagele to accept the minutes of March 18, 2004; passed 5-0. (Res. #04-040)

Departmental Reports – Motion by Hezel, seconded by Farber to accept the Town Clerk’s, Code Enforcement Officer’s, Planning Board, Justice & Supervisor’s Quarterly Report by Hezel, seconded by Farber; passed 5-0. (Res. #04-041)

Old Business

A. Voucher #04-055 – Discussion regarding the computer purchase by Supervisor Stagliano for $2,224.29 took place.  The board questioned why the voucher was added after audit and that he did not first come to the board with request for purchase.  Supervisor Stagliano stated that it was necessary that he upgrade for payroll purposes and that the County specked out the purchase.  Dell hold the state bid, with the computer costing $1,400 without the software and upgrades he required.  He indicated that 95% of the money for this purchase is in the budget, with the grant money obtained by the Justice Department to be applied to the purchase and the old computer turned over to the Justice.  Supervisor Stagliano said he will pull the voucher #04-055 and resubmit for the software only, he will personally purchase the computer. 

B. Street Lighting – A continued discussion regarding the street light survey and costs took place.  It was agreed to ask Niagara Mohawk Power Corp. to mark all poles and  they said they would, and then the board can make a decision on what lights they want on and what lights should be removed.  The Town Clerk is to contact Keith Andrews with this request.

New Business

A. Spring Clean-Up – Motion by Farber, seconded by Hezel to hold Spring Clean-Up May 13th, 14th & 15th from 9AM to 3PM; passed 5-0.  (Res. #04-041)  The Town Clerk is also directed to contact the Village to see if they are interested in combining clean-up days with both Village and Town dumpsters available at the Town barn. 

B. School Fuel Request – a request was received from the school, looking into the possibility that the town and school combine on the purchase of fuels, with the town to house the tanks.  It was discussed and at the present time, we do not have large enough tanks to accommodate the amounts needed; however, a motion by Stagliano, seconded by Farber that in the event that the school secures the necessary funding through grants for larger tanks  with a catch basins, that are state compliant, the town would agree; passed 5-0. (Res. #04-042)

C. Annual Update Document – Supervisor Stagliano submitted the annual update document to the town board.  Town Clerk is to publish legal notice.

D. Local Law 1 of 2004 – (Wind Energy Deriving Towers) Attorney Mastromoro reviewed the proposed law and had some recommendations and concerns.  He stated that the Town does not to date have a comprehensive plan, and he also questioned whether the town wants to be that specific over and above the Land Use Law.  A motion by Millington, seconded by Farber, to send this law back for further review by Attorney Mastromoro; passed 5-0. (Res. #04-043)

E. CEO/LUEO – Motion by Farber, seconded by Millington to accept with regrets the resignation of Floyd S. Stever as CEO/LUEO as of April 1, 2004; passed 5-0. (Res. #04-044)  The Town Clerk was directed to advertise the vacancy and include on the May 2004 agenda.  Motion by Farber, seconded by Hezel to have Supervisor Stagliano sign permits in the interim; passed 5-0. Res. #04-045)

F. Speed Limit Reduction Request – Motion by Millington, seconded by Nagele to have Attorney Mastromoro and the Town Clerk file the necessary paperwork for a speed limit study on the upper part of Mill Rd.; passed 5-0. (Res. #04-046)

G. Land Donation – Jean Peterson, (SBL#9.-5-31) who owns a small parcel of land along STHWY 5 in the Town of St. Johnsville is interested in donating it to the Town  for them to use in the best interest of the public.  Motion by Hezel, seconded by Millington to send this request to the Planning Board; passed 5-0. (Res. #04-047)

Audit – (7:00 pm – 7:22 pm) Motion by Farber, seconded by Hezel to pay vouchers #04-086 through #04-105, with the exception of Vouchers #92, 93, 94, & ½ of 95, because Supervisor Stagliano said he cannot pay these vouchers without a signed Highway Agreement (Accts. DB 5110.4 & 5112.4); passed 5-0. (Res. #04-048)  Voucher #04-055 Supervisor Stagliano is withdrawing and resubmitting just the cost of the software, he will personally pay the $1,400 for the computer.

Public Comment – Ralph George questioned the purchase of the computer, and Supervisor Stagliano explained he will be paying for the new computer, the town will pay for only the software and his old computer will be going to the court. 

Adjournment – Motion by Nagele, seconded by Millington; passed 5-0. (Res. #04-049)  Meeting adjourned 7:22 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – March 18, 2004

The Town of St. Johnsville Town Board held a regular town board meeting on March 18, 2004, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

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

Absent:  Dominick Stagliano, Supervisor; Ronald Millington, Councilman

Public:  M. Rapacz (The Evening Times), K. Button (C-S-E), Floyd Stever, Code Enforcement Officer; Brandt Rostohar, Assessor; & Phil Brown

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – Supervisor Stagliano & Councilman Millington absent

Adopt Agenda – Motion by Hezel, seconded by Farber, passed 3-0. (Res. #04-027)

Public Comment – Floyd Stever, CEO/LUEO presented a proposed local law from the Town of St. Johnsville Planning Board regarding Wind Energy Deriving Towers for the Town Board’s review and acceptance.

Town Clerk’s Minutes – Motion by Hezel, seconded by Farber to accept the minutes of February 19, 2004; passed 3-0. (Res. #04-028)

Departmental Reports – Motion by Farber, seconded by Hezel to accept the monthly reports of the Town Clerk, Code Enforcement Officer and the Town Planning Board; passed 3-0. (Res. #04-029)

Old Business

A.  Ayres Memorial Animal Shelter Contract – A letter was received from Attorney Reynolds stating that the contract that was sent to us previously was in error, and that the Town of Carlisle’s cost per dog is much less because they have their own primary shelter and only excess dogs that they cannot accommodate are sent to the Ayres Shelter, whereas Ayres is the primary shelter for the Town of St. Johnsville.  Motion by Farber, seconded by Hezel to accept the annual contract at a cost of $4,000.00 and authorize the Deputy Supervisor or Supervisor to sign the agreement; passed 3-0. (Res. #04-030)

New Business

A.  Niagara Mohawk Power Corporation – Brandt Rostohar, Chairman of the Assessor’s addressed the board regarding a request in assessment reduction by NIMO.  He stated that the state will not back the towns because they have come up with the same figures, and that to fight this request would cost more.  The last time the town attempted to fight their assessment reduction was in 1993.  It was eventually solved in 2000 with the town losing the case.  He recommends to the board that they accept this settlement, and that NIMO has agreed to an 80% reduction from the 2004 roll and 20% from the 2005 roll.  The Assessor’s temporary roll must be filed by April 12, 2004.  Motion by Farber, seconded by Hezel to the 80%/20% reduction with no further reductions for a period of three years; passed 3-0. (Res. #04-031)

B.  Street Lighting – Motion by Farber, seconded by Hezel to have the Town Clerk ask for an extension of time regarding any decisions on street lighting until next month and to table until the April 15th meeting; passed 3-0. (Res. #03-032)

C.  Spring Clean-Up – it was discussed to possibly hold a joint Village/Town Clean-Up at the town highway garage with separate dumpsters for Village and Town residents; it was agreed to put this item on the April 15th agenda.

D.  School Fuel Request – Councilman Farber stated that at present we do not have the capacity to fulfill this request; therefore, a motion by Hezel, seconded by Farber to table was passed 3-0. (Res. #04-033)

E.  Annual Update Document – Motion by Hezel, seconded by Farber to include on the April 15th agenda; passed 3-0. (Res. #04-034)

F.  Energetix CDL Drug & Alcohol Testing – Motion by Farber, seconded by Hezel to accept the contract  at a cost of $39.90 for drug testing and $25.00 for alcohol testing; passed 3-0. (Res.#04-035)

G.  Local Law 1 of 2004 (Wind Energy Deriving Towers) – presented to the board from the Town Planning Board for their review.  It was agreed to have Attorney Mastromoro review and tabled until April 15th meeting; passed 3-0. (Res. #04-036)

Public Comment – Floyd Stever, CEO/LUEO stated that he is submitting his resignation as of April 1, 2004.  He stated that problems still exist at the Town such as the deterioration of the salt shed, mold in the offices and the lack of required windows for ventilation and natural light in the offices. 

Audit – (6:58 p.m.–7:10 p.m.) Motion by Hezel, seconded by Farber to pay vouchers #04-056 through #04-085; passed 3-0. (Res. #04-037)  Voucher #04-055, which had been added to Abstract #02 by the Supervisor after the 2/04 audit was not approved for payment by the Town Board, it was agreed that this voucher will be discussed at the April 15th regular town board meeting, and that it should not have been paid without prior board approval.

Adjournment – Motion by Hezel, seconded by Farber; passed 3-0. (Res. #04-038)  Meeting adjourned 7:10 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – February 19, 2004 

The Town of St. Johnsville Town Board held a regular town board meeting on February 19, 2004, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

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

Absent: Ronald Millington, Councilman

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

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – R. Millington absent

Adopt Agenda – Motion by Hezel, seconded by Farber; passed 4-0 (Res. #04-020)

Public Comment – Sal Davi addressed the town board regarding a local runner named John Geesler, that has competed and set numerous records in long distance running accomplishments.  He would like the board to do something to honor his accomplishments.  Supervisor Stagliano said that a proclamation could be made and put on the Town of St. Johnsville’s web site, and additional things might be done through the Chamber of Commerce and the Youth Recreation Commission.

Town Clerk’s Minutes – Motion by Hezel, seconded by Farber to accept the minutes of 1/5/04 Organization Meeting and 1/15/04 Regular Meeting; passed 4-0. (Res. #04-021)

Departmental Reports – Motion by Farber, seconded by Hezel to accept the Town Clerk,  CEO, & Planning Board’s monthly reports and the draft copy of the 12/31/03 Supervisor’s Trial Balance; passed 4-0. (Res. #04-022)

Correspondence – Motion by Nagele, seconded by Farber to accept a letter from the Town of St. Johnsville Planning Board, which was received from John Dohne who is interested in selling a portion of the former Knox Property located on STHWY 5 to the Town of St. Johnsville to be kept as “forever green space”.(Res. #04-023)  This correspondence was directed back to the Town of St. Johnsville Planning Board with no direction from the Town Board.

Old Business

A. Ayres Memorial Animal Shelter – Motion by Hezel, seconded by Nagele to accept the contract received from the Shelter @ $50.00/dog, and authorizing Supervisor Stagliano to sign; passed 4-0. (Res. #04-034)

B. Board of Assessment Review – Attorney Mastromoro reported that he checked with the Association of Towns regarding having an Assessor’s wife appointed to the BAR.  Their recommendation was to check with the  Town’s Code of Ethics.  Town Clerk, Lynn Stever, reported that currently no vacancy exists on the BAR.

C. NIMO – A letter was received from NIMO including an inventory of all streets lights that are on.  The Stever’s will conduct a road by road survey of all street lights in the Town of St. Johnsville and a response will be made to NIMO by 3/20/04.

New Business

A. Annual Update Document – Supervisor Stagliano said that it will be filed on time and discussed at the March 2004 meeting.

Public Comment – none

Audit – (bills were audited during meeting) Motion by Hezel, seconded by Nagele to accept the audit; passed 4-0. (Res. #04-025) (Voucher #04-025 thru #04-054) (Supervisor Stagliano added #04-055 to abstract, but it will be audited at the March 2004 meeting.

Adjournment – Motion by Farber, seconded by Nagele; passed 4-0. (Res. #04-026)  Meeting adjourned 6:22 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – January 15, 2004

The Town of St. Johnsville Town Board held a regular town board meeting on January 15, 2004, at 6:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; William Farber, 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, Code Enforcement Officer & Brandt Rostohar

Meeting called to order 6:00 p.m.

Salute to the flag

Roll Call – all present

Adopt Agenda – Motion by Hezel, seconded by Millington; passed 5-0. (Res. #04-013)

Public Comment – none

Town Clerk Minutes – Motion by Hezel, seconded by Farber to accept the minute of December 18, 2003; passed 5-0. (Res. #04-014)

Departmental Reports – Motion by Hezel, seconded by Farber to accept the Town Clerk, Code Enforcement Officer, Historian, and Planning Board & Assessor’s Monthly Reports; passed 5-0. (Res. #04-015)

Correspondence – none

Old Business – none

New Business:

A. Truck Repair – once again Highway Superintendent reported to the board that one of the big truck’s cam shaft went.  Peter presented cost options to the board for their approval.  (1)  $6,000+ to rebuild with a new crankshaft, piston and sleeve, (2) $11,193 + $3,500 labor for a rebuilt motor, with a 10 day time down, or (3) $11,193 for a rebuilt motor + $2,500 labor to have Lane Construction put it in.  He also reminded the board that they currently have $1,300 invested in it already from tearing it apart to examine it.  Motion by Hezel, seconded by Farber to repair the motor at the estimated cost of $6,000+; passed 5-0 (Res. #04-016)  Peter Battisti also presented three quotes for new trucks to the board, stating that the Town of Palatine has the exact same truck that he is interested in, and invited the board members to take a look at it.

B. Assessor’s Report – Brandt Rostohar, Chairman updated the board members regarding the operations of the Assessor’s Office.

C. Board of Assessment Review – Motion by Farber, seconded by Nagele to appoint Roberta Button as a member of the Board of Assessment Review; passed 5-0. (Res. #04-107)  The Clerk will also contact Joseph Kuntzsch to find out if he is still interested in his position on the BAR.

D. Board of Appeals – a small box ad will run in both the Evening Times and the C-S-E asking for any interested individuals who would be willing to serve on this board.  The Clerk will also ask Robert Button if she would be interested in serving on this board also.

Public Comment – none

Audit – (6:25 p.m. – 6:34 p.m.)  Motion by Hezel, seconded by Nagele to accept the audit Voucher #04-001 thru #04-024; passed 5-0. (Res. #04-018)

Adjournment – Motion by Hezel, seconded by Nagele; passed 5-0. (Res. #04-019)  Meeting adjourned 6:34 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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06.06.15

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