SPECIAL TOWN BOARD MINUTES – December. 14, 2006

The Town of St. Johnsville town Board held a special town board meeting on December 14, 20056, at 7:00 p.m., at the Town  Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Brian R. Haak, Supervisor; William Farber, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Hillary Hart, Councilwoman; Lynn M. Stever, Town Clerk; Peter Battisti, Hwy. Superintendent; Norman Mastromoro, Attorney for the Town

Public:  James Castrucci, Matthew Rapacz

*6:50 p.m. Public Hearing on extending Local Law #2 “Adult Entertainment Moratorium: for an additional six months.  Clerk read the notice, no one from the public spoke, hearing closed 6:55 p.m.

6:55 p.m. Previously adjourned public hearing on the Town of St. Johnsville Comprehensive Plan.  The Planning Board has presented to the Town Board for their review tonight the SEQR, no one from the public spoke, hearing adjourned until January 4, 2007, at 6:55 p.m.

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call-all present

Adopt Agenda – Motion by Haak, seconded by Farber to add Local Law No. 4 (“Adult Entertainment Moratorium”) under New Business and approve agenda; passed 5-0. (Res. #06-169)

Public Comment – none

Minutes – Motion by Farber, seconded by Hart to approve the minutes of November 2^nd & November 9^th; passed 5-0. (Res. #06-170)

Departmental Reports – Motion by Farber, seconded by Millington to accept the Town Clerk’s, Planning Board and Dog Control Officer’s Monthly Reports; passed 5-0. (Res. #06-171)

Communications – Town of St. Johnsville Comprehensive Plan SEQR, MVP Renewal and BAR appointment.

Committee Reports – The Audit Committee will make their recommendation during Audit.  The Hwy. Committee reported that Mill Rd., is crumbling along the edges.  Supervisor Haak said he will pass on the information to the County DPW.  Pete presented a quote from VanBortel Ford regarding a new vehicle purchase.  Supervisor Haak reported that any damage received from the November 16, 2006 raining and flooding, should be reported because Mont. Co. has been declared a disaster area again.  Pete said we did not receive any damage.

Old Business

A.   Comprehensive Plan – public hearing has been adjourned until 1/4/07 at 6:55 p.m.

B.   Suits Property – the CEO has been looking into the situation.  Hezel also complained about property owned by Damin along STHWY 5 west, saying it looks pretty bad and whether or not a building permit had been issued for this trailer.

C.   Highway Equipment – currently waiting for prices to be faxed to use and will discuss at next meeting.

New Business

A.   Year End Meeting – has been set for December 28, 2006, at 7:00 p.m.

B.   Organizational/Regular Meeting – has been set for January 4, 2007,at 7:00 p.m.  This will take the place of the regular January meeting.

C.   Adult Entertainment Moratorium – Motion by Haak, seconded by Farber approving Local Law No. 4 of 2006, which is a 6-month extension on the Adult Entertainment Moratorium; passed 5-0. (Res. #06-172)

Public Comment – Peter Battisti said he will provide the Supervisor with a list of any outstanding bills to be encumbered at the 12/28/06 meeting.

Executive Session – Motion by Hart, seconded by Farber to enter into an executive session for the purpose of discussing employment history of an individual; passed 5-0. (Res. #06-173)  7:22 p.m. – 7:35 p.m.)  Motion by Farber, seconded by Hart to come out of executive session with no action taken; passed 5-0. (Res. #06-174)

Audit – On the recommendation of the Audit Committee, a motion was made by Farber, seconded by Hart to pay vouchers #06-242 through #06-261; passed 5-0. (Res. #06-175)

Adjournment – Motion by Hart, seconded by Millington; passed 5-0. (Res. #06-176) Meeting adjourned 7:37 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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SPECIAL TOWN BOARD MINUTES – November 18, 2006

The Town of St. Johnsville town Board held a special town board meeting on November 18, 2006, at 9:30 a.m., at the Town  Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Brian R. Haak, Supervisor; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Hillary Hart, Councilwoman; Lynn M. Stever, Town Clerk; Peter Battisti, Hwy. Superintendent

Absent:  William Farber, Councilman

Public:  Brand Rostohar, Joshua Thomas (CSE)

Meeting called to order at 9:30 a.m. to discuss highway equipment and other issues and the 2007 Preliminary Budget.

Discussion followed regarding the purchase of a new truck for the Highway Department.  Pete said that state bids will not be out until January or February of 2007.  He has obtained a copy of the specs used by the Village of St. Johnsville, and it was agreed that the Highway Committee would meet with Pete to draft a set of specs for bid as soon as possible.  Pete also stated that Orange Motors in Albany has a 2007 F 550 4WD diesel in stock.

Motion by Hart, seconded by Hezel to approve paying vouchers for NYS Retirement and Hanson Aggregates for Kennedy  Road; passed 4-0. (Res. #06-166)

2007 Preliminary Budget – Motion by Millington, seconded by Hart to accept the Preliminary Budget as amended as the Adopted 2007 Town of St. Johnsville Budget; passed 3-1.  Haak, Hart and Millington voting yes and Hezel voting no. (Res. #06-167)

Adjournment – Motion by Hezel, seconded by Hart; passed 4-0. (Res. #06-168)  Meeting adjourned 9:40 a.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – November 2, 2006

The Town of St. Johnsville Town Board held a special town board meeting on November 2, 2006, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Brian R. Haak, Supervisor; William Farber, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Hillary Hart, Councilwoman; Lynn M. Stever, Town Clerk; Peter Battisti, Highway Superintendent

Public:  none

Meeting called to order 7:00 p.m.

The Preliminary Budget was handed out to the board for their review.  Discussion took place regarding the purchase of a truck for the Highway Department.  It was agreed that the board is interested in purchasing a new F550 with wing, plow & sander.  Peter Battisti, Hwy. Superintendent is to get Village specs., check on state bid price and vendor and check with dealerships regarding availability.  The 1989 International currently has the box removed and the sander on, like they did with the other truck last year.  Pete would like to replace the box and fix the frame out of the 2007 budget. 

Meeting adjourned 7:20 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN SPECIAL BOARD MINUTES – October 26, 2006

The Town of St. Johnsville Town Board held a special town board meeting and budget workshop October 26, 2006, at 6:30 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Brian R. Haak, Supervisor; Hillary Hart, Councilwoman; Ronald Hezel, Councilman; Ronald Millington, Councilman; Lynn M. Stever, Town Clerk; Peter Battisti, Hwy. Superintendent

Absent:  William Farber, Councilman

Public:  M. Rapacz

Meeting called to order 6:30 p.m.

Salute to the flag

Roll Call – Councilman Farber

A petition was received regarding the proposed Dollar General store, which was referred to the Planning Board.

Motion by Millington, seconded by Hart to authorize Supervisor Haak to sign, with approval of Attorney, the Thumb Rd. contract with Delaney Construction; passed 4-0. (Res. #06-153)

Regarding the request received from the Village of St. Johnsville on storing their sand/salt for the 2006/2007 winter, Supervisor Haak feels that since it would be a highway fund charge, the town should charge the Village for any labor involved. 

2007 Tentative Budget – discussion on the proposed budget took place.  The $30,000 line item for a reval was discussed, as to whether they should budget for a reval or decrease the amount, etc.  Supervisor Haak moved to remove it from the budget, no second was received.  Councilman Hezel said he would like to decrease it to $15,000, which would still be putting away towards a reval but would not burden the taxpayer as much.  Councilman Millington and Councilwoman Hart felt $20,000 would be a better amount.  Motion by Millington, seconded by Hart to decrease A 9950.9 by $10,000 and decrease A 1001 by $10,000; motion passed 3-1 with Councilman Hezel voting no. (This motion was then rescinded).

Motion by Hezel, seconded by Millington to increase DB 5130.2 by $5,285.00 and increase DB 1001 by $5,285.00; passed 4-0. (Res. #06-154)  Motion by Millington, seconded by Hart to decrease A 9950.9 by $10,000 and reduce the fund balance by $10,000; passed 3-1, Councilman Hezel voting no. (Res. #06-155)

Motion to accept the Tentative Budget with above amendments as the 2007 Preliminary Budget and hold a public hearing on November 9, 2006, at 6:45 p.m.; passed 3-1, Councilman Hezel voting no. (Res. #06-156)

Motion by Millington, seconded by Hezel to allow the Town of St. Johnsville to haul sand for the Village of St. Johnsville and store a sand/salt mixture for them at the Town Highway Department as per the Village’s request on the approval of Peter Battisti, Hwy. Superintendent, since we are sharing equipment and services and helping each other as needed; passed 4-0. (Res. #06-157)   Motion by Millington, seconded by Hezel to set another meeting for t he purposes of discussing a truck purchase with the Highway Superintendent and the 2007 Preliminary Budget on November 2, 2006, at 7:00 p.m.; passed 4-0. (Res. #06-158)

Adjournment – Motion by Hezel, seconded by Haak, passed 4-0. (Res. #06-159)  Meeting adjourned 8:25 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – October 12, 2006

The Town of St. Johnsville Town Board held a regular town board meeting on October 12, 2006, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Brian R. Haak, Supervisor; William Farber, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Hillary Hart, Councilwoman; Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent

Public:  M. Rapacz; James Castrucci, DCO; Floyd Stever

**6:45 p.m. – Public Hearing on proposed changes to the Town of St. Johnsville Dog Ordinance.  No one from the public spoke, Public Hearing closed 6:46 p.m. **

**6:50 p.m. – Continuation of an adjourned Public Hearing on proposed Local Law No. 3 of 2006, “Firefighter’s Tax Exemption”.  Floyd Stever addressed the board regarding this proposed exemption and presented the board with copies of letters he recently sent to our elected state and federal officials asking for their support for an exemption for volunteer firefighters directly through their income tax, rather than an exemption through their assessment which would require all other residents to absorb the cost of their exemption.  Public hearing closed 6:54 p.m.**

**6:55 p.m. – Continuation of an adjourned Public Hearing on the Town of St. Johnsville proposed “Comprehensive Plan”.  We are currently waiting for the Town of St. Johnsville Planning Board to present a SEQR to the Town Board.  No one from the public spoke.  Public Hearing adjourned 6:56 p.m. and will be continued on November 9, 2006, at 6:55 p.m.**

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – all present

Adopt Agenda – Motion by Farber, seconded by Hart to add under Old Business, Adoption of Dog Ordinance; passed 5-0. (Res. #06-142)

Public Comment – none

Minutes – Motion by Hart, seconded by Millington to accept the minutes of September 14, 2006, with the correction of all votes to reflect 4 votes, not 5 since Eleanor Weaver, Deputy Supervisor does not have a vote; passed 4-1, Supervisor Haak abstaining since he was absent for that meeting. (Res. #06-143)

Departmental Reports – Motion by Haak, seconded by Farber to accept the Town Clerk’s, Dog Control Officer’s, Planning Board & Chamber of Commerce reports; passed 5-0. Res.#06-144)

Committee Reports – A pre-construction meeting with Delaney Construction & Earthtek will be held at the Town Offices on October 13, 2006, at 10:00 a.m. for the Thumb Rd. Project.  This project has a 90 day completion with the exception of paving which will take place in the Spring.  Also, a letter was received from the Village of St. Johnsville asking the Town to store their sand on Town property (approximately 700 yards).  Motion by Farber, seconded by Millington to approve this request with the approval of the Peter Battisti, Hwy. Superintendent; passed 5-0. (Res. #06-145)  Attorney Mastromoro informed the board and presented a copy of the “Notice of Claim” against the NYS Canal Corporation as a result of the June flooding.  The Highway Committee will get together with Peter Battisti, Hwy. Superintendent to discuss the particulars of the sand/salt storage with the Village.

Old Business

A.      Comprehensive Plan – continues to be adjourned.

B.      Firefighter’s Tax Exemption – Supervisor Haak said that he would abstain from voting to pass this Local Law since he would directly benefit from its adoption.  Motion by Farber, seconded by Hezel to adopt Local Law #3 of 2006 “A Firefighter’s Tax Exemption”; passed 4-1 with Supervisor Haak abstaining. (Res. #06-146)

C.      Insurance Contribution – remains tabled.

D.      Dog  Ordinance – Motion by Hezel, seconded by Hart to adopt; passed 5-0. (Res. #06-147)

New Business

A.       Mont. Co. Snow Removal Contract (2 yr. $5,000/mile) – Motion authorizing Supervisor to sign after review by Attorney Mastromoro; passed 5-0. (Res. #06-148)

B.       Justice Grant Award – The Town of St. Johnsville has received a grant for $3,547.00 for the Justice Court.  Motion by Hezel, seconded by Millington to set up a special capital project account for this grant money; passed 5-0. (Res. #06-149)

C.       2007 Proposed Budget – Supervisor Haak presented the board with a 2007 Tentative Budget, which includes 3% raises for all employees.  Motion by Farber, seconded by Millington to set a special meeting date of October 26, 2006, at 6:30 p.m. to discuss the Village’s request for sand/salt storage and to work on the 2007 budget.  A motion by Farber, seconded by Millington to set the public hearing on the 2007 Preliminary Budget for November 9, 2006, at 6:45 p.m.; passed 5-0. (Res. #06-150)

D.       Kennedy Road Project – Peter Battisti, Hwy. Superintendent said that the paving will be done in two weeks. 

Public Comment – none

Audit – the Audit Committee recommends paving voucher #’s 06-201 through #06-219.  Motion to approve payment by Hart, seconded by Farber; passed 5-0. (Res. #06-151)

Adjourn – Motion by Farber, seconded by Hezel; passed 5-0. (Res. #06-152)  Meeting adjourned 7:40 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – September 14, 2006

The Town of St. Johnsville Town Board held a regular town board meeting on September 14, 2006, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Eleanor Weaver, Deputy Supervisor; William Farber, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Hillary Hart, Councilwoman; Lynn M. Stever, Town Clerk; James Castrucci, Dog Control Officer;  Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent

Absent:  Brian Haak, Supervisor

Public:  M. Rapacz, Floyd Stever, Michelle Bell

*6:50 p.m. Public Hearing on Proposed Local Law No. 4 “Firefighter’s Tax Exemption” was held.  Floyd Stever addressed the board asking why the board does not put this on the ballot in November as a proposition, letting the public make the decision as to whether they approve or disapprove of an increase in their taxes to cover exemptions granted to volunteer firemen.* It was agreed to adjourn the public hearing until October 12, 2006 at 6:50 p.m. to discuss further.

*6:55 p.m. Continuation of adjourned public hearing on the Town of St. Johnsville Comprehensive Plan.  No one from the public spoke, public hearing adjourned until October 12, 2006, at 6:55 p.m.*

*7:00 p.m. Bid Opening of Fuel Bids – no bids were received.

Meeting called to order 7:03 p.m.

Salute to the flag

Roll Call – Supervisor Haak absent

Adopt Agenda – Motion by Farber, seconded by Hart; passed 5-0. (Res. #06-125)

Public Comment – Floyd Stever addressed the board regarding the computer that was purchased by the previous Supervisor and not approved by the board for payment; he questioned who it belongs to.

Minutes – Motion by Hart, seconded by Millington to accept the minutes of August 10^th & August 29, 2006 meeting; passed 5-0. (Res. #06-126)

Departmental Reports – Motion by Farber, seconded by Hart to accept the Supervisor’s, Town Clerk’s, CEO’s, DCO’s & Planning Board’s monthly reports; passed 5-0. (Res.#06-127)

Committee Reports – The Highway Committee had nothing new to report.  Eleanor Weaver, Deputy Supervisor informed the board for Supervisor Haak that grant funds likely be available again this year for a joint salt storage shed, and if the board would like to pursue it, it can be discussed at the October meeting.  She also informed the board that in 2007 an increased payment for the snow removal contracts with Montgomery County will be made.  Motion by Farber, seconded by Millington to have the Highway Committee meet with the Village on the joint salt storage building grant, as well as shared services for fuel; passed 5-0. (Res. #06-128)

Old Business

A.       Comprehensive Plan – nothing received from either the Planning Board or the Montgomery County Planning Board regarding SEQR to date, public hearing adjourned to October 12, 2006, at 6:55 p.m.

B.       Dog Control – Attorney Mastromoro proposed amendments were reviewed by the board.  Motion by Hezel, seconded by Farber to adopt for the purposes of a public hearing and to set that public hearing on October 12, 2006, at 6:45 p.m.; passed 5-0. (Res. #06-129)

C.       Thumb Road – Motion by Millington, seconded by Hezel to approve the capital project for the Thumb Rd. slope repair and have Brian Haak, Supervisor/CFO set up a special capital fund; passed 5-0. (Res. #06-130)  Motion by Farber, seconded by Hart to authorize the Supervisor to sign agreement with Earthtek Engineering, upon the approval of the Attorney, FEMA & SEMA; passed 5-0. (Res.#06-131)  Motion by  Millington, seconded by Hezel to award this project to the lowest bidder, Delaney Construction, Mayfield, NY, at a cost of $324,324.00, with the exception of the blacktopping which would need to be completed by Delaney in the Spring of 2007; passed 5-0. (Res. #06-132)  Eleanor also reported for Supervisor Haak that the board should consider having the Attorney file a notice of claim again the Canal Corporation as a result of the 6/28/06 flooding.  Motion by Hezel, seconded by Millington authorizing Attorney Mastromoro to file a “notice of claim” again the NYS Canal Corporation, which would allow the Town of St. Johnsville to file a claim at a later date if they see fit; passed 5-0. (Res. #06-133)

D.       Firefighter’s Tax Exemption – adjourned public hearing until October 12, 2006, at 6:50 p.m.

E.       Insurance Contribution – table until next month’s meeting.

F.       Fuel Oil Bids – no bids have been received.  Discussion took place as to whether or not to re-bid.  It was agreed to have the Highway Committee look into a possible joint purchase with the Village of St. Johnsville.

New Business

A.       Budget Transfer – Motion by Farber, seconded by Hart to transfer $1,017.00 from A 9060.8 to A 1910.4 to cover the increased insurance coverage; passed 5-0. (Res. #06-134)

B.       Chamber of Commerce Membership – Motion by Farber, seconded by Millington to renew the Town’s membership at a cost of $65.00; passed 5-0. (Res. #06-135)

C.       Office for the Aging Funding Request – they are requesting the Town include a $2,000.00 contribution in their 2007 budget.  Motion by Farber, seconded by Hezel to table this request; passed 5-0. (Res.#06-136)

D.       Budget Transfer – Peter Battisti, Hwy. Superintendent requested that a transfer of $3,000.00 be made from DB 5110.1 to DB 5130.1.  Motion by Farber, seconded by Hart; passed 5-0. (Res. #06-137)  He also reported that next month a budget transfer will need to be made to cover the cost of schooling which he will be attending next week.

Public Comment – Michelle Bell addressed the board regarding the erosion of her land as a result of the June 28^th flooding.  She stated that the repairs to her yard will cost $18,755.45.  She is asking the Town what they plan to do to repair her yard.  Peter Battisti, Hwy. Superintendent stated, that is private property and the town cannot fix or spend taxpayer’s money on private property repairs; the Town Board and the Attorney agreed.

Audit – (7:48 p.m.) Motion by Farber, seconded by Hezel to enter into audit; passed 5-0. (Res. #06-138)  Motion to exit the audit by Hezel, seconded by Farber; passed 5-0. (Res. #06-139) (7:53 p.m.)  Motion by Farber, seconded by Hart to accept the audit, and directs the Supervisor to pay voucher #06-184 through #06-200; passed 5-0. (Res. #06-140)

Adjourn – Motion by Farber, seconded by Hart; passed 5-0. (Res. #06-141)  Meeting adjourned 7:54 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN SPECIAL BOARD MINUTES – August 29, 2006

The Town of St. Johnsville Town Board held a special town board meeting on August 29, 2006, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Brian R. Haak, Supervisor; William Farber, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Hillary Hart, Councilwoman; Lynn M. Stever, Town Clerk

Absent:  Norman Mastromoro, Attorney for the Town

Public:  none

The purpose of this meeting is to authorize the advertisement of bids for the Thumb Road Reconstruction Project.

Meeting called to order 7:00 p.m.

Salute to the flag – agreed to dispense with

Roll Call – all present

Motion by Hezel, seconded by Millington to have the Town Clerk advertise for bids on the Thumb Road Reconstruction Project, with specifications provided by Earthtek, returnable by September 13, 2006, at 1:00 p.m. at which time bids will be publicly opened and read aloud; passed 5-0. (Res. #06-123)  The cost for bid specifications will be $50.00 non-refundable, and $60.00 non-refundable if mailing of specifications is required.

Adjournment – Motion by Hezel, seconded by Hart; passed 5-0. (Res. #06-124)  Meeting adjourned 7:10 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – August 10, 2006

The Town of St. Johnsville Town Board held a regular town board meeting on August 10, 2006, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Brian R. Haak, Supervisor; William Farber, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman;  Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent

Absent:  Hillary Hart, Councilwoman

Public:  M. Rapacz, William Battisti, Cody Battisti, Larry Smith, Becky Hagadorn, Larry Gray, Roy & Margie Biechy, Peter DaVanzo & James Castrucci

*6:55 p.m.* Continuation of adjourned public hearing on the Town of St. Johnsville Comprehensive Plan.  No one from the public spoke, public hearing adjourned.

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – Councilman Hart absent

Adopt Agenda – Motion by Farber, seconded by Hezel to adopt the agenda with the following additions under New Business (Budget Transfer, Fuel Oil Bids, Mill Road & Board of Appeals); passed 4-0. (Res. #06-108)

Public Comment – Peter DaVanzo addressed the board regarding the increase traffic on Vedder Road.  Supervisor Haak said that unfortunately there is no money in the budget for repairs to Vedder Road and FEMA only covers actual damage received from the flood.  Becky Hagadorn addressed the board regarding telephone lines that are currently draped across her driveway.  Peter Battisti, Hwy. Superintendent said that the phone company is in the processing of fixing them.  William Battisti addressed the board regarding increased police patrol for Thumb Road since they are forced to leave their vehicles at the turn around area and walk to their homes.  Supervisor Haak said he will request both the Village and Sheriff’s about increased patrols.

Minutes – Motion by Farber, seconded by Hezel to accept the minutes of July 13, 2006; passed 4-0. (Res. #06-109)

Departmental Reports – Motion by Farber, seconded by Millington to accept the Town Clerk’s, Dog Control Officer’s and Planning Board’s Monthly Reports; passed 4-0. (Res.#06-110)  Supervisor Haak stated that the Town of St. Johnsville Planning Board has rejected the building permit request for Dollar General because they could not meet setback requirements.

Correspondence – Letter received from Michael Yerzeinski applying for a position on the Town of St. Johnsville Board of Appeals, and a request from the Montgomery County Office for the Aging for a $2,000.00 contribution in 2007.

Committee  Reports – the Audit Committee did not meet prior to the meeting due to no quorum present.  The Highway Committee reported that Ronald Millington, Peter Battisti & Lynn Stever met with FEMA representatives regarding damages received from the flood, and paperwork was provided for material, time and equipment used for repairs. 

Old Business

A.      Comprehensive Plan – waiting for SEQR report from Planning Board.

B.      Shared Services Agreement – nothing to report, remove from Agenda for now.

C.      Dog Control – Attorney Mastromoro reported to the board that he has researched the issue of the DCO having to actually witness violations.  He said the law needs to be amended to reference the DCO to criminal procedure law, giving him more specific guidelines.  Motion by Hezel, seconded by Farber to include in the ordinance covering statements and accusatory statements; passed 4-0. (Res. #06-111)

D.      Thumb Road – Supervisor Haak said that on August 22^nd Montgomery County will be awarding the bid on the retaining wall on Crum Creek Rd.  He also reported that he has met with FEMA and Earthtek regarding bid documents for Thumb Rd., stating that they can be ready in two weeks and a special meeting would be needed to authorize Earthtek to prepare bid documents.  Motion by Hezel, seconded by Millington to have Earthtek prepare bid documents and Supervisor Haak will call a special meeting; passed 4-0. (Res. #06-112)  Motion by Hezel, seconded by Haak directing Attorney Mastromoro to prepare a right-of-entry for Village property and private property including a “held harmless” clause; passed 4-0. (Res. #06-113)  Supervisor Haak said that Peter Battisti, Hwy. Superintendent needs to price the cost of the turnaround on Thumb Rd. as soon as possible.

New Business

A.        Firefighter Tax Exemption – Motion by Farber, seconded by Millington to hold a public hearing on Local Law No. 4 on September 14, 2006, at 6:50 p.m.; passed 4-0. (Res. #06-114)

B.       Insurance Contribution – discussion regarding any new hires contributing to the cost of their health insurance took place.  Currently the Town of St. Johnsville pays 100% of their health insurance.  The board was asked to think this over and it will be discussed again at the September 14^th meeting under Old Business.

C.       Budget Transfer – Motion by Farber, seconded by Millington to transfer $32,000.00 from DB 5130.2 to DB 5130.4 on the recommendation of Peter Battisti, Hwy. Superintendent to pay for the truck box and turnaround on Thumb Rd.; passed 4-0. (Res. #04-115)

D.       Board of Appeals – Motion by Hezel, seconded by Farber to appoint Michael Yerzienski as a Town of St. Johnsville Board of Appeals member with a term expiration of 12/31/2010; passed 4-0. (Res. #04-116)  It was also requested that Attorney Mastromoro draw up a list of duties and conduct to be given to all members.

E.        Fuel Oil Bids – Motion by Farber, seconded by Millington to advertise for fuel oil bids (gas, diesel& propane) using previous specifications, with a contract date of October 1, 2006 through September 30, 2007, and returnable September 13, 2006, at 1:00 p.m., with bids opened at the regular scheduled meeting on September 14, 2006, at 7:00 p.m.

F.        Mill Road – Councilman Hezel stated that Mill Road has been receiving increased traffic due to road closures.  He asked if there was a way to detour large trucks to Kennedy Road.  Supervisor Haak will request the Sheriff’s Office and the NYS Police Department to patrol more frequently to help with speed control, however, we cannot  detour or restrict large trucks from using Mill Road since it is a County road.

G.       Fall Clean-Up – Motion by Hezel, seconded by Millington to hold a fall clean-up October 12^th, 13^th & 14^th  from 8:00 a.m.-5:00 p.m., with dumpsters available at the Town Highway Department; passed 4-0. (Res. #06-118)

H.       Other – none.

Public Comment – William Battisti asked if there was anyway to open Thumb Road bridge.  Peter Battisti, Hwy. Superintendent said he will put up barriers and let the Battisti’s in their driveway.  He also stated that the phones lines are scheduled to be moved shortly.  Mr. Battisti also questioned who will be required to keep the road clear in front of their homes and who will be held liable if someone were to get hurt. 

Audit – (8:20 p.m.-8:28 p.m.) Motion by Millington, seconded by Hezel to pay voucher’s #06-162  through #06-183, with the exception of Voucher #06-174.  It was stated that Voucher #06-174 is the Village’s responsibility and should be covered under FEMA.  Motion passed 4-0. (Res. #06-119)  Motion by Hezel, seconded by Farber to come out of audit; passed 4-0. (Res. #06-121) (8:28 p.m.)

Adjournment – Motion by Millington, seconded by Farber; passed 4-0. (Res. #06-122)  Meeting adjourned 8:29 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – July 13, 2006

The Town of St. Johnsville regular Town Board meeting held July 13, 2006, at 7:00 p.m. at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Brian R. Haak, Supervisor; William Farber, Councilman; Ronald Hezel, Councilman; Ronald Millington, Councilman; Lynn Stever, Town Clerk; Peter Battisti, Hwy. Superintendent; James Castrucci, DCO; Norman Mastromoro, Attorney for the Town; Eleanor Weaver, Deputy Supervisor

Absent:  Hillary Hart, Councilwoman

Public:  William Battisti, Cody & Penny Battisti, Darren Bellen, Larry Smith, Peter DaVanzo, Becky Hagadorn, Roy & Margie Biechy, Matthew Rapacz & Linda Kellett

*6:50 p.m. Public Hearing on proposed changes to dog ordinance*  No one from the public spoke, public hearing closed 6:51 p.m.

*6:51 continuation of adjourned public hearing on the Town of St. Johnsville Comprehensive Plan.  Attorney Mastromoro stated that we are currently waiting for a SEQR from the Town Planning Board.  No one from the public spoke, public hearing closed 6:52 p.m.*

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call - Councilwoman Hart absent

Adopt Agenda - Motion by Hezel, seconded by Millington; passed 4-0. (Res. #06-099)

Public Comment - Various members of the public spoke regarding damages from the recent flooding. Peter DaVanzo stated that his driveway is washed away at 1602 Kringsbush Rd.  Supervisor Haak will contact the Mont. Co. DPW for necessary repairs.  Darren Bellen stated that he has received considerable damage due to the flooding.  Supervisor Haak stated that he is trying to get dumpsters for the Town residents from FEMA, however he has not been able to get them to date, but is still working on it.  Supervisor Haak also suggested that anyone having trouble with filing forms, etc. with FEMA to contact Paul Tonko's office for assistance.  The residents of Thumb Road (Becky Hagadorn, Roy & Margie Biechy, Larry Smith, William Battisti & Cody & Penny Battisti addressed the board regarding the collapse of the portion of Thumb Rd., as to what is being done.  Supervisor Haak said that progress is being made however it will be a very slow process, we are currently awaiting a report for the engineer on the project and he will keep the residents informed, but asked that they be patient.

Minutes - Motion by Hezel, seconded by Farber to accept the minutes of June 8th & June 22, 2006; passed 4-0. (Res. #06-100)

Departmental Reports - Motion by Farber, seconded by Hezel to accept the Supervisor's, Town Clerk's, Dog Control Officer's Monthly Reports; passed 4-0. (Res. #06-101

Communications - NYS Retirement System received and approved the enhancement for Tier I on June 12, 2006; Justice Court grant application has been received; St. Mary's EAP has reported that no services have been provided for the Town; a letter from Anita Smith, Historian thanking the board for their support of the Irish Festival; Montgomery County is offering a free tetanus clinic of July 18th at the County Annex Building from 9:30-11:30 am; & the Town of St. Johnsville Planning Board Minutes were presented.  Peter Battisti, Hwy. Superintendent stated that he would like to upgrade the radios if possible, this was referred to the Highway Committee.

Committee Reports - Audit Committee will make their recommendation during Audit & the Highway Committee has nothing to report to date.

Old Business

A.  Comprehensive Plan - No SEQR has been presented to date.  The public hearing will be adjourned until August 10, 2006, at 6:55 p.m.

B.  Shared Services Agreement - nothing to date.

C.  Dog Control - discussion took place regarding the jurisdiction of the Dog Control Officer.  Attorney Mastromoro stated that the DCO is currently limited for petty offenses, stated that the violation has to be committed in his presence.  For a more serious offense, sworn statements and tickets can be issued without the DCO witnessing the violation.  Motion by Farber, seconded by Millington to adopt the proposed dog ordinance as presented for tonight's public hearing; passed 4-0. (Res. #06-102)  Attorney Mastromoro is to further research the appearance ticket procedures.

New Business

A.  Budget Transfer - Motion by Farber, seconded by Millington to transfer $1,215.50 from A. 1990.4 to A 1910.4 to pay for enhancements to our insurance coverage; passed 4-0. (Res. #06-103)

B.  Thumb Road - discussion followed regarding the repairs to Thumb Road.  Supervisor Haak said that he would need to see the report from the Engineering study to see the repairs necessary and the cost of the project.  Councilman Farber recommends persuing the opening of Thumb Road and feels the cost of repairs should be covered by Federal or State with disaster money, seconded by Hezel; passed 4-0. (Res. #06-104)  The Village will be meeting on July 17th and Supervisor Haak will contact the Mayor to see if that date would work for a joint meeting between the two boards or if a special meeting would be better.  Peter Battisti asked Brian to contact Frontier to move the phone lines so that he can create a large turnaround for the residents.

C.  Flooding - Supervisor Haak thanked everyone involved with the necessary clean-up efforts and stated that he has never been prouder of this Community.  To mention a few, the St. Johnsville Volunteer Fire Dept., Montgomery County DPW, Town of St. Johnsville Highway Department, The Village of St. Johnsville DPW, as well as our Legislators.  A motion by Hezel, seconded by Millington to authorize Supervisor Haak to contact Emergency Management tomorrow regarding the necessary dumpsters, if not successful he is authorized to contact Sunset Refuse Service for a dumpster and bill the County; passed 4-0. (Res.#06-105)

D.  Board of Appeals - Three letters of resignation were received (Olivia Davi, Philip Brown & Timothy Smith), which leaves two remaining members.  The Town Board is to actively seek replacements for these three vacancies.  If an appeal should come before the board, it would not be able to be heard without a quorum.

E.  Other - none

Public Comment - Peter Battisti, Hwy. Superintendent stated that he gives alot of credit to Supervisor Haak for the excellent job he and the other elected officials have done.

Audit - (Voucher #06-142 through #06-161)  Motion by Hezel, seconded by Millington to pay on the recommendation from the Audit Committee; passed 4-0. (Res. #06-106)

Adjournment - Motion by Millington, seconded by Hezel; passed 4-0. (Res. #06-107)  Meeting adjourned 8:09 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN SPECIAL BOARD MINUTES – June 22, 2006

The Town of St. Johnsville Town Board held a special town board meeting on June 22, 2006, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Brian R. Haak, Supervisor; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Hillary Hart, Councilwoman; Lynn M. Stever, Town Clerk

Absent:  William Farber, Councilman

Public:  none

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – Councilman Farber absent

Purpose of this special meeting is to address Personnel Issues.  A resignation from Robert Bauer, Code Enforcement Officer/Land Use Enforcement Officer was received, effective June 20, 2006.  Motion by Supervisor Haak, seconded by Councilman Hezel to accept with regret; passed 4-0. (Res. #06-194)   Supervisor Haak will send a letter to Mr. Bauer thanking him for his service.

Motion by Supervisor Haak, seconded by Councilman Millington to appoint Michael Carney  (the current Village of St. Johnsville CEO) as CEO/LUEO for the Town of St. Johnsville at a salary outlined in the budget, until a permanent CEO/LUEO is found, and to have the Town Clerk advertise in the papers for any interested individuals for this position to apply through the Clerk’s Office; passed 4-0. (Res. #06-195)  Motion by Supervisor Haak, seconded by Councilman Hezel, to enter into an executive session regarding personnel issues; passed 4-0. (Res. #06-196) (7:04 p.m.)

Motion by Councilman Hezel, seconded by Councilman Millington to return to regular session; passed 4-0. (Res.#06-197) (7:13 p.m.)  No action was taken at this time. (7:14 p.m.)

Adjournment – Motion by Hart, seconded by Millington; passed 4-0. (Res. #06-198)   Meeting adjourned 7:15 p.m.

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TOWN BOARD MINUTES – June 8, 2006

The Town of St. Johnsville Town Board held a regular town board meeting on June 8, 2006, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Brian R. Haak, Supervisor; William Farber, Councilman; Ronald A. Hezel, Councilman; Hillary Hart, Councilwoman; Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent; James Castrucci, DCO; Robert Bauer, CEO

Absent:  Ronald Millington, Councilman

Public:  M. Rapacz

**A moment of silence was observed in memory of past

 Supervisor,  George Matis, Sr.*

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – Councilman Millington absent

Adopt Agenda – Motion by Hezel, seconded by Farber; passed 4-0. (Res. #06-087)

Public Comment – none

Minutes – Motion by Hezel, seconded by Hart to accept the minutes of May 11, 2006; passed 4-0. (Res. #06-088)

Departmental Reports – Motion by Farber, seconded by Hezel to accept the Code Enforcement Officer’s and Dog Control Officer’s Monthly Reports; passed 4-0. (Res. #06-089)

Committee Reports – Audit Committee will make their recommendations later during audit and nothing new to report from the Highway Committee.

Old Business

A. Comprehensive Plan – will be addressed at the regular meeting in July.

B. Shared Services Agreement – waiting for recommendations from the Highway Committee.

C. Dog Control – Motion by Farber, seconded by Hezel to have the Attorney amend the Town’s Dog Ordinance in certain aspects, to reflect Village laws and introduce as a new ordinance, with a public hearing to be held July 13, 2006, at 6:50 p.m.; passed 4-0. (Res. #06-090)

New Business

A. Retirement Incentive – (previous adoption was rejected by NYS Retirement) the NYS Retirement System said that the retirement incentive resolution regarding Tier I employees cannot be retroactive; therefore, Motion by Farber, seconded by Hezel to adopt the Retirement Incentive Resolution effective June 12, 2006; passed 4-0. (Res. #06-091)

B. Mancini Letter – Supervisor Haak received a letter regarding property owned by Michael Mancini at 7473 STHWY 5, St. Johnsville stating that he spoke with the Board of Appeals Chairman, Olivia Davi.  Mrs. Davi said that she was misquoted regarding their conversation.  Supervisor Haak pointed out that no appeal is pending, so no communication should be taking place between the Mancini’s and any BOA member, until such appeal is filed.  A current building permit application is pending, due to the acquisition of additional land to meet all land use requirements such as setbacks, septic and parking.  Until this pending building permit application is either approved or denied by the Code Enforcement Officer, no further discussion between the Mancini’s and the Board of Appeals shall take place.  Supervisor Haak will respond to the Mancini’s letter stating this, and caution them not to contact the BOA without an appeal pending.

C. Other – none

Public Comment – none

Audit – (7:25 p.m. – 7:35 p.m.)  On a recommendation from the Audit Committee to pay vouchers #06-122 through #06-140, a motion to accept the audit was made by Farber, seconded by Hart directing Supervisor Haak to pay the above vouchers; passed 4-0. (Res. #06-192)

Adjournment – Motion by Farber, seconded by Hart; passed 4-0. (Res> #06-193)  Meeting adjourned 7:35 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – May 11, 2006

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

Present:  Brian R. Haak, Supervisor; William Farber, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Hillary Hart, Councilwoman; Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent

Public:  M. Rapacz

*6:45 p.m. – Public Hearing on Local Law No. 2 of 2006, “A Moratorium on Adult Entertainment in the Town of St. Johnsville” was held.  No one from the public spoke.  Public Hearing closed 6:46 p.m.*

*6:50 p.m. – Public Hearing on Local Law No. 3 of 2006, “The Town of St. Johnsville Comprehensive Plan” was held.  No one from the public spoke.  Public Hearing was adjourned at 6:51 p.m.  It was agreed to continue the public hearing at the regularly scheduled meeting on July 13, 2006.

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – all present

Adopt Agenda – Motion by Hezel, seconded by Millington to add Dog Ordinances and Flowers under New Business; passed 5-0. (Res. #06-077)

Public Comment – none

Minutes – Motion by Hart, seconded by Millington to accept the minutes of 4/20/06; passed 5-0. (Res. #06-077A)

Departmental Reports – Motion by Farber, seconded by Hezel to accept the Supervisor’s, Town Clerk’s, Dog Control Officer’s, & Code Enforcement Officer’s monthly reports; passed 5-0. (Res. #06-078)

Committee Reports – Supervisor Haak questioned the Highway Superintendent about the voucher for tire disposal.  Pete stated that it was from the tires that they have had to pick up along the town roads, and suggested that the board look into a solution for tires for the Fall Clean-Up.  The Audit Committee met prior to the meeting to review the vouchers.  The Highway Committee had nothing new to report.

Old Business

A.  Local Law No. 2 of 2006, “The Town of St. Johnsville Comprehensive Plan” – Attorney Mastromoro reported that a SEQR would still need to be done prior to adopting the Comprehensive Plan.  Final action cannot take place until this is completed.  Motion by Farber, seconded by Hart to have the Town Board be lead agency and delegate the Town of St. Johnsville Planning Board to complete the SEQR review process; passed 5-0. (Res. #06-079)

B. Local Law No. 3 of 2006, “Adult Entertainment Moratorium” – Motion by Haak, seconded by Farber to accept; passed 5-0.  (Res. #06-080)  Supervisor Haak will send a letter to the Planning Board for their review and recommendations.

C. Town Justice Request – Motion to approve the request from the Village of St. Johnsville to allow Justice Dye to serve as interim Justice for the Village of St. Johnsville until their next election; passed 5-0. (#06-081)  Compensation will be made from the Village to the Town and then the Town will pay Justice Dye.  Village Clerk, Karen Crouse is to contact the District Judge to obtain final approval.

D. Shared Services Agreement – on hold for now.

New Business

A.  Budget Transfer – Motion by Farber, seconded by Millington to approve the following transfer; passed 5-0. (Res. #06-082) Decrease A1990.4 by $488.73 and increase A1670.4 by $338.73 & A9089.8 by $150.00.

B.  Budget Transfer – Motion by Hart, seconded by Millington to approve the following transfer; passed 5-0. (Res. #06-083)  Decrease SF9040.8 by $1.00 and increase SF3410.4 by $1.00.

C.  Celtic Music Festival – Supervisor Haak reminded everyone that this will take place on June 4, 2006, at 5p.m. at the Marina, and is sponsored by the Village, Town and Chamber of Commerce

D.  Dog Ordinance – Supervisor Haak presented a packet of information he received from the Village of St. Johnsville last night at his home regarding dog ordinances that the Village would like the Town to adopt so that the DCO can enforce the Village ordinances.  Currently the DCO cannot handle dog calls within the Village limits.  It was agreed that there was not enough time for the board to review this material and agreed that it will be addressed at the next regular board meeting on June 8, 2006.  The Town Clerk will photocopy the ordinances and mail then to all board members for their review, to be addressed at the 6/8/06 meeting.

E.        Flowers – The Town Clerk requested approval to purchase flowers (not to exceed $50.00) for the planters out front.  Motion by Haak, seconded by Millington; passed 5-0. (Res. #06-084)

Public Comment – none.

Audit – (Voucher #’s 06-099 through #06-122)The Audit Committee recommends to the board to pay all vouchers presented.  Motion by Haak, seconded by Hart; passed 5-0. (Res. #06-085)

Adjournment – Motion by Millington, seconded by Hart; passed 5-0. (Res. #06-086)  Meeting adjourned 7:40 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – April 20, 2006

The Town of St. Johnsville Town Board held a regular town board meeting on April 20, 2006, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Brian R. Haak, Supervisor; William Farber, Councilman; Ronald Millington, Councilman; Hillary Hart, Councilwoman; Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent; Robert Bauer, CEO; James Castrucci, DCO; Eleanor Weaver, Deputy  Supervisor

Absent:  Ronald Hezel, Councilman

Public:  M. Rapacz & B. VanGorder (Mang Insurance)

*Public Hearing on proposed Comprehensive Plan opened at 6:50 p.m.  No comments from the public, hearing closed 6:53 p.m.  * Public Hearing on Local Law No. 1 of 2006, Historic Barn Tax Exemption opened at 6:55 p.m.  No comments from the public, hearing closed 6:56 p.m.*

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – Councilman Hezel absent

Adopt Agenda – Motion by Farber, seconded by Hart to add Adult Entertainment Moratorium and Spring Clean-Up under New Business; passed 4-0. (Res. #06-061)

Public Comment – none

An Insurance renewal presentation was made by William VanGorder of Mang Insurance.  Motion by Farber, seconded by Millington to accept the proposal with the addition of boiler and public official’s coverage; passed 4-0. (Res. #06-062)

Minutes – Motion by Hart, seconded by Farber to accept the minutes of March 9, 2006; passed 4-0. (Res. #06-063)

Departmental Reports – Motion to accept the Supervisor’s, Town Clerk’s, Dog Control Officer’s, Code Enforcement Officer’s & the Planning Board’s monthly reports by Haak, seconded by Millington; passed 3-1.  Councilman Farber stepped out of the meeting for a period. (Res. #06-064)

Old Business

A.  Local Law No. 1 of 2006 (Historic Barn Tax Exemption) – Motion by Haak seconded by Millington to adopt; passed 4-0. (Res.#06-066)

B.  Comprehensive Plan – Motion by Farber, seconded by Millington to introduce the Comprehensive Plan as Local Law No. 3 of 2006 and set a public hearing for May 11, 2006 at 6:45 p.m.; passed 4-0. (Res.#06-067)

C.  Other – none 

*Lynn Stever, Town Clerk had to leave meeting and Eleanor Weaver, Deputy Supervisor took over the minutes*

New Business

A.  Justice Court Grant – Motion by Farber, seconded by Hart to approve; passed 4-0. (Res. #06-068)

B. Town Justice – a request has been made from the Village to have the Town of St. Johnsville Justice Bruce Dye serve as acting Justice for the Village of St. Johnsville, no action taken.

C.  Budget Transfer – Motion by Millington, seconded by Farber to increase $165.00 for (CEO $100.00 and Chamber membership $65.00) and to decrease street lighting by $165.00; passed 4-0. (Res. #06-069)

D.  Shared Services Agreement – referred to Highway Committee to report back to board.

E.   Youth Recreation Agreement – Motion by Farber, seconded by Millington to have Supervisor Haak work up a resolution  to be presented to the Village of St. Johnsville.  Attorney Mastromoro will review prior to any agreement; passed 4-0. (Res.#06-070)

F.  Annual Highway Agreement – discussion took place between the board and Peter Battisti, Highway Superintendent.  Peter said that Kennedy Road is in need of urgent care and is planning to do this year.  He also said that Richards Rd. (1^st), Palatine Church Rd.(2^nd) and Vedder Rd. (3^rd) will also be needing attention in the near future.  Peter plans to go out for bid for Kennedy Road from the intersection of Rte. 331 south as far as money allows.  Motion by Millington, seconded by Farber to accept the agreement as presented; passed 4-0. (Res. #06-071)

G. Discussion of Revaluation – the board will continue to look into a revaluation with the estimated cost of $90,000.

H.  Spring Clean-Up – Motion by Farber, seconded by Millington to hold Spring Clean-Up on May 5^th & 6^th from 8:00 a.m.-5:00 p.m.; passed 5-0. (Res. #06-072)

I.   Posting of Signs – The Highway Committee will discuss the posting of signs “No Large Trucks” for Kennedy Road.

J. Proposed Moratorium for Adult Entertainment – Motion by Haak, seconded by Millington to hold a public hearing on Local Law No. 2 of 2006 (A Moratorium for Adult Entertainment) on May 11, 2006, at 6:50 p.m.; passed 4-0. (Res. #06-073)

K. Other – none

Public Comment – none 

Audit – (8:27 p.m.) It was recommended by the Audit Committee to pay all vouchers (#06-072-#06-098).  Motion by Hart, seconded by Farber; passed 4-0. (Res. #06-074)  Motion by Hart, seconded by Farber to return to regular session at 8:29 p.m.; passed 4-0. (Res. #06-075)

Adjournment – Motion by Millington, seconded by Farber; passed 4-0. (Res. #06-076)  Meeting adjourned 8:29 p.m.

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TOWN BOARD MINUTES – March 9, 2006

The Town of St. Johnsville Town Board held a regular town board meeting on March 9, 2006, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Brian R. Haak, Supervisor; William Farber, Councilman;  Ronald A. Hezel, Councilman; Hillary Hart, Councilwoman; Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent; Brandt Rostohar, Assessor; James Castrucci, DCO; Robert Bauer, CEO

Absent:  Ronald Millington, Councilman

Public:  M. Rapacz

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – Councilman Millington absent

Adopt Agenda – Motion by Farber, seconded by Hart; passed 4-0. (Res. #06-052)

Public Comment – none

Town Clerk Minutes – Motion by Farber, seconded by Hart to accept the minutes of February 9, 2006; passed 4-0. (Res. #06-053)

Departmental Reports – Motion by Hart, seconded by Hezel to accept the Town Clerk’s, Planning Board’s, Dog Control Officer’s, Code Enforcement Officer’s, Supervisor’s & Historian’s Reports; passed 4-0. (Res. #06-054)

Committee Reports – none

Old Business

A. No Parking Zone – Attorney Mastromoro reported that the situation discussed at last meeting has been resolved.

B. Historic Barn Tax Exemption – Motion by Haak, seconded by Farber to accept the proposed tax exemption law and to advertise a public hearing on Local Law No. 1 of 2006 for April 20, 2006, at 6:55 p.m.; passed 4-0. (Res. #06-055)

New Business

A. April Meeting Date – Motion by Hart, seconded by Farber to change the regular April meeting date to April 20, 2006; passed 4-0. (Res. #06-056)

B. Dog Control Officer – questions have been raised regarding the DCO handling dog problems within the Village of St. Johnsville limits, due to the fact that the DCO is also a Trustee for the Village.  The Village will handle dog problems within their limits.

C. EAP Agreement – Motion by Farber, seconded by Hart to accept the annual agreement, not to exceed $150.00/yr.; passed 3-1, Haak abstained. (Res. #06-057)

D. Annual Highway Agreement – The proposed highway agreement presented by Peter Battisti, Hwy. Superintendent, has been sent to the Highway Committee for their review and discussion with Peter.

E. Comprehensive Plan – Motion by Haak, seconded by Farber to hold a Public Hearing on the proposed Town of St. Johnsville Comprehensive Plan on April 20, 2006 at 6:50 p.m.; passed 4-0. (Res. #06-058)

Public Comment – none

Audit – (7:28 p.m.-7:35 p.m.)Motion by Farber, seconded by Hezel to accept the audit (Voucher #’s 06-054 through #06-072); passed 4-0. (Res. #06-059)

Adjournment – Motion by Hezel, seconded by Farber; passed 4-0. (Res. #06-060)  Meeting adjourned 7:35 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – February 9, 2006

The Town of St. Johnsville Town Board held a regular town board meeting on February 9, 2006, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Brian R. Haak, Supervisor; William Farber, Councilman; Ronald A. Hezel, Councilman; Hillary Hart, Councilwoman; Lynn M. Stever, Town Clerk; Norman Mastromoro, Attorney for the Town; Peter Battisti, Highway Superintendent; Robert Bauer, Code Enforcement Officer

Absent:  Ronald Millington, Councilman

Public:  M. Rapacz, James Castrucci, Eleanor Weaver

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – Councilman Millington absent

Adopt Agenda – Motion by Hart, seconded by Hezel; passed 4-0. (Res. #06-044)

Public Comment – none

Town Clerk’s Minutes – Motion by Farber, seconded by Hezel to accept the minutes of 1/3/06 Org. Mtg., 1/12/06 Reg. Mtg., & 1/30/06 Spec. Mtg.; passed 4-0. (Res. #06-045)

Departmental Reports – Motion by Farber, seconded by Hart to accept the Planning Board, Code Enforcement Officer, Assessor’s & Historian’s Reports; passed 4-0. (Res. #06-046)

Old Business

A. No Parking Zone – discussion took place about the possibility of designating a “No Parking Zone” just east of the Village of St. Johnsville in front of the entrance to the Soldiers & Sailors Memorial Park along State Highway 5.  Complaints have been received that a tractor trailer is parking there occasionally and creating poor visibility.  It is believed that the situation has been handled through the Village Police Department.

B. Other – none

New Business

A. Audit Committee – Motion by Haak, seconded by Hezel to create a two-member committee with the Supervisor as an ex-officio member, to conduct a thorough audit the bills prior to the regular audit held during the meeting; passed 4-0.  (Res. #06-047)  Supervisor Haak appointed Councilwoman Hart and Councilman Farber to this committee.

B. Historic Barn Tax Exemption – a request has been received from one of the Assessors, that the board consider a Historic Barn (built prior to 1936 who complete restoration work) to receive an exemption based on the additional value of the barn with a step-down scale.  Attorney Mastromoro was directed to draft a Local Law for the board’s review.

C. Chamber of Commerce – Motion by Farber, seconded by Hart to joint the St. Johnsville Chamber of Commerce, with Councilman Hezel to act as the Town’s liaison; passed 4-0. (Res. #06-048)

D. Other – none

Public Comment – none

Audit – Motion by Farber, seconded by Hart to enter into audit; passed 4-0. (Res. #06-049)  (7:21 p.m. – 7:39 p.m.)  Motion by Farber, seconded by Hart to accept the audit, Voucher #06-029 through #06-052; passed 4-0. (Res. #06-050)

Adjournment – Motion by Farber, seconded by Hart; passed 4-0. (Res. #06-051)  Meeting adjourned 7:30 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN SPECIAL BOARD MINUTES – January 30, 2006

The Town of St. Johnsville Town Board held a regular town board meeting on January 30, 2006, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Brian R. Haak, Supervisor; William Farber, Councilman; Ronald A. Hezel, Councilman; Hillary Hart, Councilwoman; Lynn M. Stever, Town Clerk

Absent:  Ronald Millington, Councilman

Public:  Beverly Puznowski, James Castrucci

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – Councilman Millington absent

Adopt Agenda - Motion by Hezel, seconded by Hart; passed 4-0. (Res. #06-038)

Montgomery County Snow & Ice Contract - $39,750 for the 2005-2006 seasons, motion by Farber, seconded by Hart to approve and authorize Supervisor to sign contract; passed 4-0. (Res. #06-039)

Dog Control Officer/Rabies Response Agent – Beverly Puznowski and James Castrucci have applied for this position.  Motion by Hezel, seconded by Farber to enter into an executive session to interview applicants (7:08 p.m.); passed 4-0. (Res. #06-)  Motion by Hezel, seconded by Farber to exit executive session (8:04 p.m.); passed 4-0. (Res. #06-040)

Motion by Farber, seconded by Hart to appoint James Castrucci to the position of DCO/RRA at an annual salary of $1,200.00 and $100/case for rabies calls; passed 4-0. (Res. #06-041)  Motion by Farber, seconded by Haak expressing deep appreciation for the years of dedicated service Beverly Puznzowski has provided the town in the position of DCO/RRA; passed 4-0. (Res. #06-042)  Town Clerk is to contact Mrs. Puznowski regarding the transfer of town records and equipment, and to contact Public Health to determine any requirements needed for James Castrucci. 

Adjournment – Motion by Hezel, seconded by Farber; passed 4-0. (Res. #06-043)  Meeting adjourned 8:08 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES – January 12, 2006

The Town of St. Johnsville Town Board held a regular town board meeting on January 12, 2006, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Brian R. Haak, Supervisor; William Farber, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Hillary Hart, Councilwoman; Lynn M. Stever, Town Clerk; Peter Battisti, Highway Superintendent

Public:  M. Rapacz, R. Bauer, B. Rostohar & Bonnie Brownrigg (Jacksland Agency)

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – all present

Adopt Agenda – Motion by Farber, seconded by Hart to add the Appointment of Attorney for the Town; passed 5-0 (Res. #06-024)

Public Comment – none

Minutes – Motion by Farber, seconded by Millington to accept the minutes of 11/21/05 Special Meeting and 12/15/05 Regular Meeting; passed 5-0. (Res. #06-025)

Departmental Reports – Motion by Farber, seconded by Millington to accept the Town Clerk’s 12/05 Report, Supervisor’s Monthly Report (12/05), Code Enforcement, Assessor; passed 5-0. (Res. #06-026)

Old Business –

A. Attorney for the Town – Motion by Farber, seconded by Haak to reappoint Norman L. Mastromoro, Esq. as Attorney for the Town at a rate of $2,500/yr.; passed 4-0. Hezel voting no, stating that in his opinion a new contact should be made for the board’s review, as to whether a savings could be made if the Attorney was not required at each meeting. (Res. #06-027)

B. BAR – Motion by Farber, seconded by Millington to appoint Donald Hoffman (08) and reappoint Roberta Button (10); passed 5-0. (Res. #06-028)

C. Planning Board – Motion by Hezel, seconded by Farber to reappoint James King (10); passed 5-0. (Res. #06-029)

D. Board of Appeals – Motion by Hezel, seconded by Millington to reappoint Timothy Smith (10); passed 5-0. (Res. #06-030)

E. Health Insurance – Motion by Farber, seconded by Millington to contract with Jacksland Associates for Health Insurance through MVP 24/40 Plan beginning 2/1/06; passed 5-0. (Res. #06-031)

F. 2006 Wages Highway Employees – Motion by Farber, seconded by Millington to approve an increase of 4.25%; passed 5-0. (Res. #06-032)

G. Board of Assessor’s Chairman Salary – it was determined that a Local Law would be needed to amend the salary of the Chairman of the Assessors.  It was agreed to wait until the next budget process.

H. Highway Committee – Motion by Haak, seconded by Farber to appoint a two-member committee consisting of Councilman Hezel and Councilman Millington; passed 5-0. (Res. #06-033)

New Business

A. No Parking Zone – Supervisor Haak has been approached regarding a No Parking Zone (located on STHWY 5 in front of the Solder's & Sailor’s Park).  He will contact Attorney Mastromoro for his input. 

B. Amish Signs - Peter Battisti, Hwy. Superintendent stated that they have been order through Mont. Co., however, they have not come in to date.

C. Ayres Memorial Animal Shelter – Motion by Farber, seconded by Hezel approving contract in the amount of $4,500/yr. and authorizing Supervisor to sign; passed 5-0. (Res. #06-034)

D. Sunset Refuse Service – the board has been informed of a rate increase of $107.40 annually.

E. DCO/RRA – two applicants (Beverly Puznowski & James Castrucci) have applied for this position.  It was agreed to hold a special meeting on January 30, 2006, at 7:00 p.m. to interview applicants.  Clerk is to advertise meeting.

F. NYS Retirement – Motion by Hezel, seconded by Millington to approve and accept the enhanced benefit for Tier I employees; passed 5-0. (Res. #06-035)

Public Comment – Councilman Hezel hopes Montgomery County does not raise sales tax to easily fix their budget problems.  He also feels the bed tax if ridiculous, and is bad for business.  He stated that a few miles away over the County line no bed tax is charged.

Supervisor Haak stated that the Shared Services Grant will not be applied for this time.  The deadline of 1/13/06 did not allow the necessary time needed for us to complete all the required information.

Audit – (8:02 p.m.-8:17 p.m.) Motion by Hezel, seconded by Farber to accept Voucher #’s 06-001 through #06-028; passed 5-0. (Res. #06-036)

Adjournment – Motion by Hezel, seconded by Hart; passed 5-0. (Res. #06-037) Meeting adjourned 8:17 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD ORGANIZATIONAL MINUTES – January 3, 2006

The Town of St. Johnsville Town Board held an organizational meeting on January 3, 2006, at 7:00 p.m., Town Hall, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Brian R. Haak, Supervisor; William Farber, Councilman; Ronald Millington, Councilman; Ronald A. Hezel, Councilman; Hillary Hart,  Councilwoman; Lynn M. Stever, Town Clerk; Peter Battisti, Highway Superintendent

Public:  M. Rapacz, B. Rostohar

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – all present

Adopt Agenda - Motion by Hezel, seconded by Millington; passed 5-0 (Res. #06-001)

Public Comment – none

*2006 Wage & Appointment Schedule*

Motion #06-002 – Motion by Millington, seconded by Farber to accept elected officials salaries as advertised; passed 5-0.

Motion #06-003 – Motion by Hezel, seconded by Farber to accept the highway employees hourly salaries at the current rates of $10.86/hour and $16.29/hour for overtime; they will revisit this issue at a later date; passed 5-0.

Motion #06-004 – Motion by Haak, seconded by Millington to charge $.25/copy for photocopies (1st four copies free & n/c if town is requesting copies); passed 5-0.

Motion #06-005 – Motion by Hezel, seconded by Millington to appoint Lynn Stever as Registrar with compensation at $10.00/copy; passed 5-0.

Motion #06-006 – Motion by Haak, seconded by Hart to appoint Brandt Rostohar as Chairman of the Assessor’s with an additional wage of $800.00/annually; passed 5-0.

Motion #06-007 – Motion by Hezel, seconded by Millington to appoint Robert Bauer as Code Enforcement Officer at a salary of $3,000.00 annually; passed 5-0

Motion #06-008 – Motion by Hezel, seconded by Farber to appoint Robert Bauer as Land Use Enforcement Officer at a salary of $600.00 annually; passed 5-0.

Motion #06-009 – Motion by Hezel, seconded by Farber to appoint Beverly Puznowski as Dog Control Officer at a salary of $1,200/yr. and Rabies Response Agent at $100/case for an interim period through 1/31/06, with Town Clerk to advertise for any other interested individuals for this position; passed 5-0.

Motion #06-010 – Motion to accept the appointment made by Supervisor Haak of Anita Smith as Historian at a salary of $200.00/yr; passed 5-0.

Motion #06-011 – Motion by Hezel, seconded by Farber to set the wage of BAR members and BOE workers at minimum wage ($6.75/hr.); passed 5-0.

Motion #06-012 – Motion by Farber, seconded by Hart to set the mileage reimbursement at $.405/mile; passed 5-0.

Motion #06-013 – Motion by Farber, seconded by Farber to accept the appointment made by Hwy. Superintendent Battisti of William Putman as Deputy Highway Superintendent at a salary of $.50/hr. additional; passed 5-0.

Motion #06-014 – Motion by Farber, seconded by Hezel to set the copy fee of the Land Use Document and Subdivision Regulations at $10.00/copy each; passed 5-0.

Appointments – Anita Smith, Historian (Supervisor Haak), Eleanor Weaver, Deputy Supervisor (Supervisor Haak), Timothy Smith, Mont. Co. Planning Board  Representative (Supervisor Haak), Virginia Fox and George Stever, Deputy Town Clerk/Tax Collectors (Town Clerk Stever), William Putman, Deputy Highway Superintendent (Hwy. Superintendent Battisti)

Motion #06-015 – Motion by Haak, seconded by Farber to appoint Floyd S. Stever to another 5-year term on the Recreation Commission; passed 5-0.

The following appointments will be made at the January regular meeting:  two BAR members, one Planning Board member, one Board of Appeals member.

Motion #06-016 – Motion by Haak, seconded by Farber to appoint the C-S-E and The Recorder as the Town’s official newspapers; passed 5-0.

Motion #06-017 – Motion by Hezel, seconded by Millington to appoint NBT Bank of St. Johnsville as the official depository; passed 5-0.

Motion #06-018 – Motion by Farber, seconded by Millington to allow Brian R. Haak or Eleanor Weaver to sign all accounts; passed 5-0.

Motion #06-019 – Motion by Millington, seconded by Hezel to set the petty cash funds for the Town Clerk and Justice at $100.00 each.  Supervisor Haak to make adjustments to establish the Justice petty cash fund; passed 5-0.

Motion #06-020 – Motion by Haak, seconded by Millington to set the regular monthly meeting dates as the second Thursday of each month at 7:00 p.m.; passed 5-0.  Justice Dye has established the 2nd & 4th Wednesdays of each month at 7:00 p.m. as court dates.

Motion #06-021 – Motion by Farber, seconded by Hezel to accept the Annual Update Document as the Town Report; passed 5-0.

Health Insurance - Town Clerk is to contact both health insurance agents to determine if rates and coverage as the same, and report to the board at the regular January meeting.

Purchase Orders – Supervisor Haak would like to implement a new purchase order system for department heads for prior approval to avoid expenditures exceeding revenues.  Peter Battisti, Hwy. Superintendent stated that his accounts are in the red for 2005, as a result of the board approving expenditures of $60,000 to repair one of the trucks.  Supervisor Haak suggested a Highway Committee consisting of two board members would help to solve this expenditure problem.

Shared Services Grant – The Department of State is offering grants for shared services/projects with funding at 90%.  It is being considered whether a joint sand/salt storage shed could be built on Town property to be shared by both the Village and Town of St. Johnsville.  The deadline is January 13, 2006.  Motion by Farber, seconded by Hezel to give Supervisor Haak the approval to apply for this Joint Services Grant; passed 5-0. (Motion #06-022)

Public Comment – none

Adjournment – Motion by Hezel, seconded by Millington; passed 5-0. (Res. #06-023)  Meeting adjourned 7:55 p.m.  Next meeting date is 1/12/06 at 7:00 p.m.

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