TOWN BOARD MINUTES December 17, 2009

 A regular meeting of the Town of St. Johnsville was held on December 17, 2009, at 7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; Ronald Hezel, Councilman; Hillary Hart, Councilwoman; Lynn Stever, Town Clerk; Peter Battisti, Hwy. Sup.

Absent: Ronald Millington, Councilman; William Farber, Councilman

Public: Floyd Stever, Jordan Sela, Whitney Masi, Wayne & Susan Handy & James Castrucci, DCO/LUEO,

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – Millington and Farber absent

Public Comment – none

Minutes – Motion by Hezel, seconded by Hart to accept the minutes of November 12, 2009; passed 3-0. (Res. #09-200)

Departmental Reports – Motion by Hart, seconded by Hezel to accept the Town Clerk’s, Justice, CEO/LUEO & DCO monthly reports; passed 3-0. (Res. #09-201)

Old Business

1. Proposed Land Use Law – remains tabled.
2. Suits Property – James Castrucci, CEO and Norman Mastromoro, Attorney for the Town updated the board regarding the ongoing issues with this property.  A tentative timeline has been proposed by the CEO, with 4/1/2010 Contractor name to be provided to town for cleanup, 5/1/2020 the trailer is to be removed and the only remaining building will be a 6’ X 6’ shed; a court date of 1/13/10 is scheduled to finalize this agreement.

New Business

1. 2010 Mont. Co. Brush & Weeds Contract – Motion by Hezel, seconded by Hart to accept at a cost of $4,637.50 which remains the same as 2009; passed 3-0. (Res. #09-202)
2. 2010 Organizational Meeting – Motion by Hezel, seconded by Hart to set the Organizational Meeting for 1/7/10 at 7:00 p.m.; passed 3-0. (Res. #09-203)

Audit – Motion by Hezel, seconded by Hart to authorize the Supervisor to pay voucher #09-259 through #09-283, with the exception of #09-270 street lighting portion; passed 3-0. (Res. #09-204)

Adjournment – Motion by Hart, seconded by Hezel; passed 3-0. (Res. #09-205)  Meeting adjourned 7:27 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES November 12, 2009

A regular meeting of the Town of St. Johnsville was held on November 12, 2009, at 7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; Ronald Hezel, Councilman;  Hillary Hart, Councilwoman; William Farber, Councilman; Ronald Millington, Councilman;Lynn Stever, Town Clerk; Peter Battisti, Hwy. Sup.; James Castrucci, DCO/CEO

Public:  Floyd Stever, Tim Smith, Susan and Wayne Handy, Kathy Kline & James Castrucci, DCO/LUEO

Public Hearing held at 6:45 p.m. on the 2010 Preliminary Budget; Supervisor Stagliano addressed the public regarding the budget and the hearing was closed at 7: 15 p.m.

Meeting called to order 7:15 p.m. and dispensed with formalities

Public Comment – Wayne Handy addressed the board stating that he feels that the proposed budget is too much of a tax increase.

Minutes – Motion by Hezel, seconded by Farber to accept the October 9^th and October 19^th minutes; passed 5-0. (Res. #09-091)

Departmental Reports – Motion by Hezel, seconded by Millington to accept the Town Clerk’s, Code Enforcement Officer’s, Dog Control Officer’s and Justice’s monthly reports; passed 5-0. (Res. #09-092)

Old Business

1. Suits Property – scheduled for town court on Wednesday, November 18^th, because the conditions of the 1998 Supreme Court Order has not been complied with and that the Town is entitled to exclusive possession (not title) of the property, as per Attorney Mastromoro.

New Business

1. 2010 Preliminary Budget – discussion took place regarding the proposed budget.  Motion by Hezel, seconded by Farber to use $10,000 from the General Fund Un-appropriated Fund Balance to offset the tax rate; passed 5-0. (Res. #09-193) Motion by Stagliano, seconded by Millington use $10,000  from Un-appropriated Fund Balance to offset the tax rate; passed 5-0. (Res. #09-194)  Motion by Hezel, seconded by Farber to adopt the 2010  Budget as amended; passed 5-0. (Res. #09-195)
2. Land Use Law Revisions – questions arose regarding minor and major subdivisions and Supervisor Stagliano stated that he feels more clarification is needed before the board can adopt the proposed law.  Motion by Hezel, seconded by Farber to table; passed 5-0. (Res. #09-196)  Supervisor Stagliano stated that the Attorney is available to answer questions and attend meetings of the Planning Board to answer questions if necessary.
3. Code Enforcement Forms – James Castrucci, CEO provided various forms that other townships use for building permits and asked for the board’s consideration to update our forms in the upcoming year during our Organizational Meeting in January.
4. Phone System Battery Back-Up – Motion by Hezel, seconded by Farber to purchase a phone system battery back-up system from Communications Solutions at a cost of $350.00; passed 5-0. (Res. #09-197)

Audit (7:45 p.m.-8:05 p.m.) – Motion by Farber, seconded by Hezel to accept vouchers #09-230 through #09-258 for payment and authorize the Supervisor to pay; passed 5-0. (Res. #09-198)

Adjournment – Motion by Farber, seconded by Hezel; passed 5-0. (Res. #09-199)  Meeting adjourned 8:10 p.m.

Submitted by: Lynn M. Stever - Town Clerk 

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TOWN BOARD MINUTES October 19, 2009

 A special budget workshop/meeting of the Town of St. Johnsville was held on October 19, 2009, at  7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; Ronald Hezel, Councilman;  Hillary Hart, Councilwoman; William Farber, Councilman; Ronald Millington, Councilman; Lynn Stever, Town Clerk

Absent: Peter Battisti, Hwy. Superintendent

Public: none

Meeting called to order 7:00 p.m.

Supervisor Stagliano went over the 2010 Tentative Budget with the board members.  The following changes were made:

A 9010.8                 $  8,030.00

DB 9010.8              $11,967.00

DB 5110.1              $15,000.00

DB 5110.4              $12,000.00

DB 5130.1              $12,000.00

DB 5130.4              $14,000.00

DB 9730.6              $60,540.00

$7,500 to be used from the Highway Fund Balance.

A public hearing is set for November 12, 2009, at 6:45 p.m.

Workshop adjourned 8:15 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES October 08, 2009

 A regular meeting of the Town of St. Johnsville was held on October 8, 2009, at 7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; Ronald Hezel, Councilman;  Hillary Hart, Councilwoman; William Farber, Councilman; Ronald Millington, Councilman; Lynn Stever, Town Clerk; Peter Battisti, Hwy. Sup.

Absent: Norman Mastromoro, Attorney for the Town

Public:  Floyd Stever, Darren Bellen, Timothy Smith, Marcel Falcon, Dean Handy, Chairman Planning Board & James Castrucci, DCO/LUEO

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – Attorney Mastromoro absent

Public Comment – Floyd Stever questioned whether the board will approve R Permits for Kennedy Road to reduce the amount of heavy truck traffic, he also questioned the status of the request for a lower speed limit on Kennedy Road.

Minutes – Motion by Farber, seconded by Hezel to accept the minutes of September 9, 2009; passed 5-0. (Res. #09-086)

Departmental Reports – Motion by Hezel, seconded by Millington to accept the Town Clerk’s, Dog Control Officer’s, Code Enforcement Officer’s and Justice reports; passed 5-0. (Res. #09-087)

Correspondence – a letter was received from the NYS DOT regarding our request for a lower speed limit survey for Kennedy Road.

Committee Reports – none

Old Business

1. Suits – court date is set for October 14, 2009.
2. Other – none

New Business

1. Proposed LL# 1 of 2009 (Land Use Law/Subdivision Revisions) – Dean Handy, Chairman of the Planning Board addressed the board regarding the procedure for the town to take over a road on a new subdivision.  A proposed subdivision by Marcel Falcon, located off of Matis Road involves his request that the town take over a road in name only, he would maintain it until the final house is done, so that National Grid can run lines without the entire cost falling on him.  A lengthy discussion followed between Dean Handy, the board and Marcel Falcon regarding subdivisions within the Town of St. Johnsville.  Supervisor Stagliano stated that he needs clarification from the Planning Board regarding sub-developments.  He stated that any subdivision should be submitted to the Planning Board with the entire proposed subdivision plan, including phases and timelines to be set and agreed upon.  Subdivision considerations need to include roadways and paving,, sidewalks, drainage, water & sewer set backs, fire protection, etc.  Once received it should be reviewed by the Planning Board and the Attorney for the Town.  Supervisor Stagliano said he will contact Norman Mastromoro and have him get in touch with the Planning Board for further direction.  It was agreed to include this topic on next month’s agenda.
2. 2010 Tentative Budget – the Supervisor presented the budget to the board members for their review.  Motion by Farber, seconded by Millington to set a budget workshop/meeting for October 19, 2009, at &;00 p.m.; passed 5-0. (Res. #09-088)  It was asked that Peter Battisti find out on CHIPS money reimbursement.
3. Other – none

Audit – (8:15 p.m.)  Motion by Farber, seconded by Hezel to accept Voucher #09-211 through #09-229 and authorize the Supervisor to pay; passed 5-0. (Res. #09-089)

Adjournment – Motion by Hezel, seconded by Hart; passed 5-0. (Res. #09-090)  Meeting adjourned 8:15 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES September 09, 2009

 A regular meeting of the Town of St. Johnsville was held on September 9, 2009, at 7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; Ronald Hezel, Councilman;  Hillary Hart, Councilwoman; William Farber, Councilman; Ronald Millington, Councilman; Lynn Stever, Town Clerk; Peter Battisti, Hwy. Sup.; James Castrucci, DCO/CEO

Public: Justice; James Castrucci, DCO/LUEO, Gary & Joanne Hogan & Marcel Falcon

*6:45 p.m. Public hearing held on the Proposed Local Law No. 1 of 2009 (Land Use Law).  Legal notice read, no one from the public spoke; closed 6:55 p.m..

*6:55 p.m. Bid opening on paving of Kennedy Rd., Triumph Rd., Richards Rd., and Vedder Rd.  One bid received from Hanson Aggregates, Inc. in the amount of  $57,915.00 for Kennedy; $28,957.50 for Richards Rd.; $48,262.50 for Triumpho Rd.; and $81,375.00 for Vedder Rd..  Bid opening closed 7:05 p.m.

Meeting called to order 7:05 p.m.

Salute to the flag

Roll Call – all present

Public Comment – none

Minutes – Motion by Farber, seconded by Millington to accept the minutes of August 13, 2009; passed 5-0. (Res. #09-079)

Departmental Reports – Motion by Farber, seconded by Hart to accept the Town Clerk’s, Justice’s, Code Enforcement Officer’s and Dog Control Officer’s monthly reports; passed 5-0. (Res. #09-080)

Correspondence -  a copy of a letter sent to NYMIR  was received from a Town of St. Johnsville resident, Carrie Caringi stating that she received damage to her car after hitting a two foot deep pot hole on Triumpho Rd.; NYMIR is denying the claim.

Old Business

1. Suits Property – it was reported by the Attorney that the Suits’ have been served and appeared in local court on September 9, 2009.  An adjournment until October 14, 2009, was granted to allow the Suits’ time to obtain counsel.   Attorney Mastromoro asked that the Code Enforcement Officer come up with a proposed time line for clean-up of this site.
2. Bell/Moore Property – CEO reported that he has been informed by the mortgage company that the mortgage has been paid off in full.
3. Burial Grounds (Mastromoro) – Attorney Mastromoro reported that he received from the Historian a 1900 lawsuit survey map showing the burial grounds.  He also reported that the Town would have to have the property appraised (at a cost pd by the Mastromoro’s) and sell the property if they want no interest in it.  The Town Board agreed to go forward and have the property appraised.

New Business

1. Local Law No. 1 of 2009 – (Land Use Law) several issues need to be discussed with the Planning Board.  The Town Clerk is to call and ask that the Planning Board meet with them.  Motion by Stagliano, seconded by Hezel to table; passed 5-0. (Res. #09-081)
2. Paving Bids – Attorney Mastromoro reviewed the bids received from Hanson Aggregates, Inc. for Richards ($28,957.5), Triumpho ($48,262.5), Kennedy ($57,915.00), and Vedder  ($81,375) Roads for a total of $220,020.00. Motion by  Millington, seconded by Hart to award the bid for paving of the above four roads to Hanson Aggregates, Inc. at a cost of $220,020.00; passed 5-0.  (Res. #09-082)  Motion by Farber, seconded by Millington to approve the borrowing of $250,000.00 in a bond anticipation note; passed 5-0. (See attached) (Res. #09-083)
3. 2010 Budget – Supervisor Stagliano handed out budget requests to all department heads.
4. Budget Transfers – Peter Battisti, Hwy. Superintendent stated that account DB 5110.4 is over and would like the board to do a budget transfer.  Supervisor Stagliano stated that he will get totals and do transfers next month.

Audit –(8:07 p.m.-8:10 p.m.)  Motion by Farber, seconded by Hezel to accept vouchers #09-192 through #09-210 and authorize the Supervisor to pay; passed 5-0, (Res. #09-084)

Adjournment – Motion by Farber, seconded by Hezel; passed 5-0. (Res. #09-085)  Meeting adjourned 8:11 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES August 13, 2009

 A regular meeting of the Town of St. Johnsville was held on August 13, 2009, at 7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; Ronald Hezel, Councilman;  Hillary Hart, Councilwoman; William Farber, Councilman; Ronald Millington, Councilman; Lynn Stever, Town Clerk; Peter Battisti, Hwy. Sup.

Public: Floyd Stever, James Castrucci, Darren Bellen, Paul Flanders, Melanie Shuster, Timothy Smith, Susan Handy and Gordon Brownell

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – all present

Public Comment – Timothy Smith addressed the board asking if anything will be done about the garage sales within the Town that operate seven days/week all summer long.  He feels it is hurting his business and he is required to follow regulations.  Melanie Shuster and Paul Flanders were here to answer any questions the board may have regarding the proposed Land Use Ordinance.  They stated that garage sales are addressed in this ordinance.  Susan Handy questioned the board why so much time was allowed for roadwork bids that are returnable at the September meeting.

Minutes – Motion by Hezel, seconded by Millington to accept the minutes of July 9, 2009; passed 5-0. (Res. #09-071)

Departmental Reports – Motion by Farber, seconded by Hezel to accept the Town Clerk’s, Justice’s, Code Enforcement Officer’s, and Dog Control Officer’s monthly reports; passed 5-0. (Res. #09-072)

Correspondence – Resignation from James King as a Planning Board member, and a letter from Attorney Mastromoro to Robert Madsen regarding Agriculture Assessments.

Old Business

1. Suits Property – Attorney Mastromoro stated that papers are prepared that will bring this matter to town court on August 26, 2009, at 7:00 p.m.  He stated that the Town is required to pay a $20.00 filing fee.  Attorney Mastromoro will get in touch with James Castrucci to serve papers; the original will be filed with the court and a copy will be given to Castrucci as Code Enforcement Officer.  He also stated that two notices have already been given to property owners starting in June with no response to date.
2. Land Use Ordinance – Motion by Councilman Farber, seconded by Councilman Millington, that the June 2009 Final Draft of the proposed document submitted by the Planning Board and presently titled Land Use Ordinance be adopted for presentation as Local Law No. 1 of 2009 at a public hearing to be held 6:45 p.m. on September 10; and the Planning Board revise the Final Draft of the Land Use Ordinance to replace the word “ordinance” with the words “local law” throughout the proposed document; and, the Attorney for the Town prepare, and the Town Clerk publish, an appropriate legal advertisement for this matter; passed 5-0. (Res. #09-073)
3. Mastromoro Property – Attorney Mastromoro reported to the board that an old burial ground located on his nephew’s property (which was previously his parents) exists and he attempting to have the land the cemetery is located on to the town by the means of a quit claim deed.  He has been working with Anita Smith on this matter and will report back to the board regarding any further information.
4. Paving Bids – Motion by Millington, seconded by Farber to have Peter Battisti, Hwy. Superintendent prepare specifications for the paving of Richards Rd., Triumpho Rd., Vedder Rd., and Kennedy Rd., and the Town Clerk to advertise for bids returnable September 9^th by 1:00 p.m., to be publicly opened at the regular meeting scheduled for September 10, 2009, at 6:55 p.m.; passed 5-0. (Res. #09-074)

New  Business

1. Fall Clean-Up – motion by Farber seconded by Hezel to hold Fall Clean-Up on October 2^nd and October 3^rd, with Peter Battisti, Hwy. Superintendent to set the hours; passed 5-0. (Res. #09-075)
2. Resignation – Motion by Hezel, seconded by Millington, to accept with regret the resignation of James King as a member of the Town of St. Johnsville Planning Board; passed 5-0. (Res. #09-076)
3. Mill Rd., (Bell Property) – James Castrucci, Code Enforcement Officer, reported to the board that Michelle Bell/Moore does not respond to any contact from him, and that he is keeping an eye on the property.
4. Permit Fee Schedule – Supervisor Stagliano asked James Castrucci, CEO to bring a proposal to the board regarding any fee changes.

Audit – (7:42 p.m.-7:44 p.m.) – Motion by Farber, seconded by Hart to accept the audit of voucher #09-159 through #09-191; passed 5-0. (Res. #09-077)

Adjournment – Motion by Hart, seconded by Millington; passed 5-0. (Res. #09-078)  Meeting adjourned 7:47 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES July 09, 2009

A regular meeting of the Town of St. Johnsville was held on July 9, 2009, at 7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor;  Ronald Hezel, Councilman; Ronald Millington, Councilman; Lynn Stever, Town Clerk; Peter Battisti, Hwy. Sup; Norman Mastromoro, Attorney for the Town.

Absent: Hillary Hart, Councilwoman

Public: Wayne & Susan Handy, Dean Handy, Robert Madsen, Gordon Brownell, John & Kathy Kline

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – Hillary Hart absent

Public  Comment – Robert Madsen addressed the board regarding his Agriculture Assessments.  He said he has a problem with the amount of time the  Assessor puts in her job, stating that she is never here and questioned her vacation time, etc.  He also suggested that he purchase a time clock and donate it to the town so employees would have to punch a clock.  Supervisor Stagliano said no, and that the town board does not set the hours of the officer’s of the town, and that the Assessor’s job is governed by state requirements.  A lengthy discussion continued between Mr. Madsen, the board and the Attorney regarding various accusations by Mr. Madsen.  In conclusion Supervisor Stagliano asked what Mr. Madsen wants the board to do.  Mr. Madsen stated that he wants the board to direct the Assessor to accept his Agricultural Assessment papers, even though he missed the deadline for filing of March 2^nd; Supervisor Stagliano said that Mr. Madsen stated that he mailed his forms, dropped them off in the mail slot, and that he slid them under the door, there is no way to track what he did and Mr. Madsen does not have any proof, therefore, the answer is no.  Wayne & Susan Handy addressed the board regarding what roadwork is being planned.  Discussion took place regarding Triumpho Road, Kennedy Road, Richards Road and Vedder Road, which are all in need of work.  Peter Battisti, Hwy. Superintendent stated that ditching and sweeping of Richards Road has been done, because he believed that the paving of Richards Road would be done last month.

Minutes – Motion by Farber, seconded by Millington to accept the minutes of June 11, 2009; passed 4-0. (Res. #09-064)

Departmental Reports – Motion by Farber, seconded by Millington to accept the Town Clerk’s, Justice, CEO & DCO; passed 4-0. (Res. #09-065)

Correspondence – a letter was distributed to all board members from LeighAnne Loucks, Sole Assessor regarding Mr. Madsen’s Agricultural Assessments.

Old Business

1. Suits Property – James Castrucci, CEO stated that papers were served in mid June and they have 30 days to comply with the Supreme Court Order.  Step 2 would be to serve a 2^nd notice for an approach to bring action into local court.  The CEO will serve the second notice on his return from vacation on Monday.

New Business

1. Justice Court Resolution – Motion by Farber, seconded by Hezel authorizing the Town Justice to apply for a grant from the Justice Court Fund for a maximum amount of $3,000; passed 4-0. (Res.# 09-066)
2. Planning Board – Dean Handy, Chairman of the Planning Board presented the final draft of the Land Use Ordinance for the board’s review.  He stated that a new map will be done when the Ordinance is adopted.  It was agreed to include on the August 13^th agenda the adoption and hearing date of September 10, 2009.  Dean Handy also stated that James King has resigned from the Planning Board.  The board requested that he resign in writing to the Town Clerk and that she advertise vacancies on all boards in the CSE.
3. Road Projects – Peter Battisti, Hwy. Superintendent will prepare figures for bid sheet for the specifications for paving of Kennedy Road, Triumpho Road, Vedder Road and Richards Road, to be advertised in the CSE & Recorder and returnable by September 9^th at 1:00 p.m., to be opened at the regular scheduled meeting on September 10, 2009.
4. Kennedy Road – Town Clerk reported for Councilwoman Hart that she would like to issue no “R” Permits and request a speed limit reduction survey.  Motion by Hezel, seconded by Millington to request that the NYS DOT request that a speed limit reduction survey be conducted on the section of Kennedy Road beginning at the intersection of Hillabrandt Road and continuing to the intersection of Crum Creek Road; passed 4-0. (Res. #09-068)

Audit – Motion by Farber, seconded by Millington to accept the audit of voucher #09-135 through #09-158, and authorize the Supervisor to pay these vouchers; passed 4-0. (Res. #09-069)

Adjournment – Motion by Farber, seconded by Hezel; passed 4-0. (Res. #09-070)  Meeting adjourned 9:02 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES June 11, 2009

A regular meeting of the Town of St. Johnsville was held on June 11, , 2009, at 7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor;  Hillary Hart, Councilwoman; Ronald Millington, Councilman; Lynn Stever, Town Clerk; Peter Battisti, Hwy. Sup.

Absent: William Farber, Councilman; Ronald Hezel, Councilman

Public: Bruce Dye, Justice; James Castrucci, DCO/LUEO; Floyd Stever, Robert Madsen

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – Farber & Hezel absent

Public Comment – Robert Madsen addressed the board stating that he “was having a problem with the tax assessor”.  He stated that he turned in his Agricultural Exemption forms and does not know what happened to them.  He was told by the Assessor that they were never received in her office and therefore he missed the deadline of March 2, 2009, and would be eligible for the exemption.  He stated that he dropped them off in the mail slot of the front door, then he later stated that he put them under her door.  He said that he spoke with Mark Twentyman from ORPS (518) 455-8521, and he told Mr. Madsen that the Supervisor could correct this situation.  He also filed a grievance with the Board of Assessment Review and they stated that they were unable to change this because he missed the deadline.  LeighAnne Loucks, Assessor told Mr. Madsen in writing that if he provided her with written documentation from Mark Twentyman that she should in fact ignore the deadline and allow Mr. Madsen’s exemption, she would accept it; however, she also stated that there are other taxpayers that this would apply to who also missed the deadline and she would be forced to also allow those exemptions.  Supervisor Stagliano informed Mr. Madsen that he does not have the authority to override a decision made by the Assessor’s Office; however, he would be in contact with Mr. Twentyman personally.  Mr. Madsen also stated that he feels if the Assessor is not willing to work with the people she should be terminated.

Minutes – Motion by Hart, seconded by Millington to accept the minutes of May 14, 2009; passed 3-0. (Res. #09-058)

Departmental Reports – Motion by Millington, seconded by Hart to accept the Town Clerk, Dog Control Officer, Code Enforcement Officer and Justice reports; passed 3-0. (Res. #09-059)

Old Business

1. Suits Property – Attorney Mastromoro has prepared two documents for James Castrucci, CEO to serve Suits.  The first being a Notice of Violation of the 1999 Court Judgment, putting them on notice (30 days) that the Town has a right to seize the property.  The second a notice of eviction, not to occupy (a landlord/tenant law), which would then allow them to proceed in local court.
2. Land Use Law – a revised Land Use Law has been presented to the Town Board for their review from the Planning Board.

New Business

1. Road Projects – a discussion regarding roadwork was held between the board and the Highway Superintendent, as to what roads need to have work done.   Peter presented price quotes from Hanson Aggregates, Inc. Kennedy Rd. $45,720.00 (1.5” top), and Richards Rd. $33,375.00 (1.5” top) or $40,160.00 (2: top).  Peter stated that Kennedy Rd., Richards Rd., Vedder Rd., and Triumpho Rd. are all in poor shape.  He would like to borrow the money to do Kennedy Rd. and use the CHIPS money ($39,000.00) to do Richards Rd.  He stated that Kennedy Rd. is very bad and something needs to be done, otherwise he feels he would need to shut down the road for safety reasons.  Supervisor Stagliano stated that he feels that the roads are not getting the proper base and ditching they need prior to paving because they do not last the ten years as required by the use of CHIPS money.  Supervisor Stagliano will make his recommendation at the July 9^th board meeting, after consulting with soil engineers.  It was agreed for Pete to do what is necessary to temporarily fix the roadways.
2. Entrance Door – Motion by Millington, seconded by Hart to approve the purchase of a new front entrance door from Fulton County Glass at a cost of $1,730.00, not to exceed $2,000.00; passed 3-0. (Res. #09-060)

Audit – (8:25 p.m.-8:30 p.m.) Motion by Hart, seconded by Millington to pay voucher #09-105 through #09-134; passed 3-0. (Res. #09-061)

Adjournment – Motion by Hart, seconded by Millington; passed 3-0. (Res. #09-061) Meeting adjourned 8:30 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES May 14, 2009

 A regular meeting of the Town of St. Johnsville was held on May 14, 2009, at 7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; Ronald Hezel, Councilman;  Hillary Hart, Councilwoman; William Farber, Councilman; Ronald Millington, Councilman; Lynn Stever, Town Clerk; Peter Battisti, Hwy. Sup.; James Castrucci, DCO/CEO

Public: James Castrucci, DCO/LUEO, John Kline, Susan & Wayne Handy, John Nichols & Gordon Brownell

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – all present

Public Comment –The Handy’s, Nichols’ & Kline all residents of Triumpho Road addressed the Town Board regarding the poor shape of both Richards Road and Triumpho Road and requested that the board authorize paving of Richards Road.  A lengthy discussion took place between the residents, the board and the Highway Superintendent.  Supervisor Stagliano stated to the public that it is up to the Highway Superintendent to recommend what roadwork needs to be done and it is the board’s responsibility to determine if and where the money would come from and approve the roadwork recommended.  Robert Madsen addressed the board regarding the CEO/DCO.  He stated that Mr. Castrucci came to his property and said he needed a building permit for an above ground pool, while there he also asked if his dog was licensed.  Mr. Madsen said it was, however Mr. Castrucci said he did not need to see the license.  The CEO stated that he needs a 4’ fence around his pool, to which Mr. Madsen said he does not.  Mr. Madsen questioned the board as to why some people need permits and some people do not.  He also stated that Mr. Castrucci requested that his neighboring Amish farmers obtain a building permit for their barn that was already built, when building for agricultural use does not need a permit.

Minutes – Motion by Hezel, seconded by Farber to accept the minutes of April 9, 2009; passed 5-0.  (Res. #09-051)

Departmental Repots – Motion by  Hezel, seconded by Farber to accept the Town Clerk, Code Enforcement Officer, Dog Control Officer, Justice and Assessor’s monthly reports; passed 5-0. (Res. #09-052)

Old Business

1. Roadwork – Discussion again took place regarding the need for paving of Richards Road, Triumpho Road and Kennedy Road.  Supervisor Stagliano stated that we are in need of a road program, needing an evaluation of the fifteen miles of road in order to start a road program and then funding can be obtained and a road program can begin.  He stated that it is Pete’s job to come up with what he believes the roads need, and the board to come up with the money.
2. Suits Property -  Attorney Mastromoro suggested issuing a notice of violation to the Suits, giving 30 days to remedy the violations, then if no progress, to proceed under the Supreme Court Order.  The Highway Department or a third party would take over the clean-up process and costs would be applied to the property.  An eviction proceeding could be handled in local court.  Motion by Hezel, seconded by Farber that Norman Mastromoro, Attorney for the Town, and James Castrucci, CEO/LUEO proceed immediately in accordance with the 1999 Supreme Court Order & Judgment, and other applicable law to remove all occupants from the Suits premises as soon as legally possible; passed 5-0. (Res. #09-053)
3. Bell/Moore Codes Violations – CEO/LUEO has served  through certified mail two tickets for non-compliance of property maintenance law, however they have not been picked up to date.

New Business

1. Codes Fee Schedule – not addressed this month.
2. Building Permits – a question from the Code Enforcement Officer as to whether all contractors are required to hold Worker’s Compensation Insurance.  Supervisor Stagliano stated that all contractors must hold this insurance.
3. Budget Amendments – Motion by Farber, seconded by Millington to amend the 2009 budget as follows:  (+) DB 3501 $39,000.00 and (+) DB 5112.2 $39,000.00; passed 5-0. (Res. #09-054)

Audit – (9:00 p.m.- 9:05 p.m.) Motion by Hezel, seconded by Hart to pay voucher #09-088 through #09-104, with the exception of #09-094 (Verizon Wireless); passed 5-0. (Res. #09-055)  Motion by Hezel, seconded by Millington to cancel cell phones; passed 5-0. (Res. #09-056)

Adjournment – Motion by Hezel, seconded by Hart; passed 5-0. (Res. #09-057)  Meeting adjourned 9:05 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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TOWN BOARD MINUTES April 09, 2009

A regular meeting of the Town of St. Johnsville was held on April 9, 2009, at 7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present:  Dominick Stagliano, Supervisor; Ronald Hezel, Councilman; Ronald Millington, Councilman; Lynn Stever, Town Clerk; James Castrucci, DCO/CEO

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

Public: James Castrucci, DCO/LUEO, John Kline Wayne & Susan Handy and Floyd Stever

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call – Hart & Farber absent

Public Comment –Kline & Handy’s, who are residents of Triumpho Road in the Town of St. Johnsville addressed the board regarding the deterioration of Richards and Triumpho Road and requested that the Town fix the road.  The current fix of cold patch is not working and is actually making it worse.  They feel they pay enough in taxes that the roads should be drivable

Minutes – Motion by Hezel, seconded by Millington to accept the minutes of March 12, 2009; passed 3-0. Res. #09-045).

Departmental Reports – Motion by Hezel, seconded by Millington to accept the Town Clerk’s, Justice, Dog Control Officer’s, and Code Enforcement Officer’s monthly reports; passed 3-0. (Res. 09-046)

Old Business – none

New Business

1. NYMIR Insurance Renewal – Motion by Hezel, seconded by Millington to accept in the amount of $8,836.50; passed 3-0. (Res. #09-047)
2. Spring Clean-up – Motion by Hezel, seconded by Millington to set the dates of 5/22 & 5/23 from 7-5 p.m.; passed 3-0.( Res. #09-048)

Audit – Motion by Hezel, seconded by Millington to pay vouchers #09-067 through #09-087; passed 3-0 (Res. #09-049)

Adjournment – Motion by Hezel, seconded by Millington; passed 3-0. (Res. #09-050)  Meeting adjourned 7:36 p.m.

Submitted by: Lynn M. Stever - Town Clerk

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