TOWN BOARD MEETING - December 10, 2020

A regular meeting of the Town of St. Johnsville was held on December 10, 2020, at 7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present: Dominick Stagliano, Supervisor; Ronald Hezel, Councilman; Martha Mancini, Councilwoman; George Haines, Councilman; Louise Robusto, Councilwoman; Lynn Stever, Town Clerk; Norman Mastromoro, Attorney for the Town of St. .Johnsville Absent: none

Public: Michael Mancini

*6:45 p.m. Public Hearing on Local Law #4 of 2020 (Flood Plan) No one from the public spoke, hearing closed 6:57 p.m.

Meeting called to order 7:00 p.m.

Salute to the flag

Roll Call - all present, with Louise Robusto newly elected member to fill vacancy left by the passing of Councilman Ronald Millington

Public Comment - none

Minutes - Motion by Hezel, seconded by Mancini to accept the minutes of November 12, 2020; passed 5-0. (Res. #20-104)

Departmental Reports - Motion by Hezel, seconded by Haines to accept the Town Clerk, Justice, Code Enforcement Officer & Dog Control Officer's monthly reports; passed 5-0. (Res. #20-105)

Correspondence - Excellus letter quoting new lower insurance rates. Old Business

A.     Flood Plan - Proposed Local Law No. 4 of 2020 Motion by Hezel, seconded by Mancini to accept the proposed Flood Plan Local Law No. 4 of 2020 for enactment, and directing the Town Clerk to send to the State for filing; passed 5­0. (Res. #20-106) Attorney Mastromoro will send to the NYS DEC and FEMA once it has been filed with the State.

B.    Edmunds House-Vedder Rd. - Attorney Mastromoro is still working on contacting the bank for clean-up of the burned debris.

New Business

A.     2021 Fire Contract $38,027.00 - Motion by Mancini to accept as budgeted for $38,027.00, seconded by Haines; passed 5-0. (Res. #107)

B.    Other - Supervisor Stagliano reported that the courts are shut down again. Councilwoman Mancini suggested a committee for Economic Development to attract business to St. Johnsville. Supervisor Stagliano asked everyone to think about this and will discuss in 2021. Councilwoman Mancini also questioned what the board plans to do about appointing a Chairman of the Planning Board since Louise Robusto is now on the Town Council. She stated that she would like to see Mariah Decker be appointed as Chairman. Supervisor Stagliano said that will be on the January 2021 appointments and she can make her suggestion then.

A regular meeting of the Town of St. Johnsville was held on November 12, 2020, at 7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present: Dominick Stagliano, Supervisor; Ronald Hezel, Councilman; Martha Mancini, Councilwoman; George Haines, Councilman; Lynn Stever, Town Clerk; Norman Mastromoro, Attorney for the Town of St. .Johnsville

Absent: none

Public: Michael Mancini, Ethan Winters of Cypress Creek Renewables

*6:45 p.m. Public Hearing on 2021 Tentative Budget* Motion by Hezel, seconded by Haines to close the public hearing, no one from the public spoke; passed 4-0. (Res. #20­094)

Meeting called to order 7:00 p.m. Salute to the flag

Roll Call - all present

Public Comment - none

Minutes - Motion by Hezel, seconded by Haines to approve the minutes of October 8, 2020; passed 4-0. (Res. #20-095)

Departmental Reports - Motion by Hezel, seconded by Haines to accept the Town Clerk's, Justice's, Dog Control Officer's and Code Enforcement Officer's monthly reports; passed 4-0. (Res. #20-096

Correspondence - Walrath & Damin Subdivisions approved by Planning Board and CHIPS letter

Old Business

A.     Flood Plan - Attorney Mastromoro provided proposed law. Motion by Hezel, seconded by Haines to adopt for presentation at a public hearing to be held on December 10, 2020, at 6:45 p.m.; passed 4-0. (Res. #20-097)

B.    NYS Retirement Resolution - Motion by Haines, seconded by Mancini to approve 5.56 days/month for Leighanne Loucks, Assessor as directed by NYS Retirement; passed 4-0. (Res. #20-098)

New Business

A.     2021 Tentative Budget - Motion by Hezel, seconded by Haines to accept the 2021 Preliminary Budget as the 2021 Adopted Budget; passed 4-0. (Res. #20-099)

B.    Tayandenega Solar PILOT - Motion by Hezel, seconded by Haines to authorize the Town Supervisor to execute a payment in lieu of taxes in connection with the Tayandenega Solar, LLC Utility-Scale Solar Energy System for a fixed amount of $20,650 per year for a period of 15 years; passed 4-0. (Res. #20-100)

C.    2020-2021 Montgomery County Snow & Ice Agreement - Motion by Hezel, seconded by Haines to authorize the Supervisor to sign the above agreement for $5,930/mile for a total of $78,572.50; passed 4-0. (Res. #20-101)

TOWN BOARD MEETING - September 10, 2020

A regular meeting of the Town of St. Johnsville was held on September 10, 2020, at 7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present: Dominick Stagliano, Supervisor; Ronald Hezel, Councilman; Martha Mancini, Councilwoman; George Haines, Councilman; Lynn Stever, Town Clerk; Norman Mastromoro, Attorney for the Town of St. .Johnsville

Absent: none

Public: Michael Mancini and James Castrucci, CEO/DCO

Meeting called to order 7:00 p.m. Salute to the flag

Roll Call - all present

Public Comment - none

Minutes - Motion by Hezel, seconded by Mancini to accept the minutes of August 13, 2020; passed. 4-0. (Res. #20-079)

Departmental Reports - Motion by Hezel, seconded by Haines to accept the Town Clerk, Justice, Code Enforcement Officer, Dog Control Officer & Supervisor's monthly reports; passed 4-0. (Res. #20-080)

Correspondence - NYS DOT letter approving speed reduction on Lassellsville Road.

Old Business

A. Flood Plan Update - Attorney Mastromoro said DEC did get back to him and requested he resubmit.

B. Cypress Creek PILOT - Both special permits have been approved by the Planning Board. Still on course for PILOT 4/11/19, Res. #19-053

New Business

A. 2021 Budget - Supervisor will be distributing budget requests shortly.

B. Fall Clean-Up - Motion by Mancini, seconded by Haines to hold clean-up on October 9th & 10th  (same as the Village) from 6AM - 2PM; passed 4-0. (Res. #20­081)

C. Court Security - the court has requested to hire the Montgomery County Sheriffs Department for ten ADA nights at approximately 3-4 hours each night, at $45.00/hr., approximately totaling $2,000/year. In the past a Village of St. Johnsville Police Officer covered security at no charge, however, they can no longer provide this coverage. Motion by Hezel, seconded by Haines to approve the transfer of $2,000 from the Contingency Account to the Justice Contractual Account; passed 4-0. (Res. #20-082)

D. Board of Assessment Review - to be addressed next month.

E. Village of St. Johnsville Fire Department - Supervisor Stagliano reported that he discussed with Mayor Straney his concept of creating a fire district. The Supervisor explained that they would have elected members with borrowing and taxing authority, and the Town would contract with them. Everyone agreed that this was not a good idea.

A regular meeting of the Town of St. Johnsville was held on August 13, 2020, at 7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present: Dominick Stagliano, Supervisor; Ronald Hezel, Councilman; Martha Mancini, Councilwoman; George Haines, Councilman; Lynn Stever, Town Clerk; Norman Mastromoro, Attorney for the Town of St. .Johnsville

Absent: none

Public: Michael Mancini & Leighanne Loucks, Assessor

*6:45 p.m. Public hearing held on Local Law No. 1 of 2020 (repealing LL2 of 2016) Local Law No. 2 of 2020 (new PILOT Program)

Local Law No. 3 of 2020(6 month moratorium on utility solar projects)

Leighanne Loucks, Assessor spoke regarding a class of the valuation of commercial solar projects. She stated that the solar company is mandated to do an appraisal and the governing body is listed as an interested company, thereby having access to all figures. She also stated that the figure of 3-5 million/megawatt is the norm.

Motion by Hezel, seconded by Haines to close the public hearing at 7:00 p.m.; passed 4­0. (Res. #20-069)

Meeting called to order 7:00 p.m. Salute to the flag

Roll Call - all present

Public Comment - none

Minutes - Motion by Hezel, seconded by Mancini to accept the minutes of July 9, 2020; passed 4-0. (Res. #20-070)

Departmental Reports - Motion by Hezel, seconded by Haines to accept the Town Clerk, Justice, Dog Control Officer, Code Enforcement Officer and Planning Board's monthly reports; passed 4-0. (Res. #20-071)

Correspondence - Ag. & Markets Shelter Report and EAP Contract

Old Business

A.  Flood Plan Update - Attorney Mastromoro reported that he has not heard anything to date.

B.    Other — none

New Business

A.     LL#1 of 2020 - (repealing LL#2 of 2016) Motion by Mancini, seconded by Hezel to adopt for enactment; passed 4-0. (Res. #20-072)

B.    LL#2 of 2020 - (new PILOT program) Motion by Mancini, seconded by Hezel to adopt for enactment; passed 4-0. (Res. #20-073)

A regular meeting of the Town of St. Johnsville was held on July 9, 2020, at 7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present: Dominick Stagliano, Supervisor; Ronald Hezel, Councilman; Martha Mancini, Councilwoman; George Haines, Councilman; Lynn Stever, Town Clerk; Norman Mastromoro, Attorney for the Town of St. .Johnsville

Absent: none

Public: William Putman, Highway Superintendent & Michael Mancini

*6:45 p.m. Bid opening for paving of Klock Road

Two bids were received. Hanson Aggregates at a cost of $73,050 ($73.50/ton @1,000 tons) and Cobleskill Stone at $64.50 (the total cost of the project was not listed, nor was the tons to be used). Both bids were given to Attorney Mastromoro for his review.

Meeting called to order 7:00 p.m. Salute to the flag

Roll Call - all present

Public Comment - none

Minutes - Motion by Mancini, seconded by Haines to accept the minutes of June 11, 2020; passed 4-0. (Reg.920-062)

Departmental Reports - Motion by Hezel, seconded by Haines to accept the Town Clerk, Justice, Dog Control Officer and Code Enforcement Officer's monthly reports; passed 4­0. (Res. #20-063)

Correspondence - A request from Leighanne Loucks to attend a Solar Training Class, and a letter from Little Falls Fuel wanting to service our fuel needs.

Old Business

A.     Flood Plan Law Update - Attorney Mastromoro has followed up with DEC, but to date has not had a response.

B.    Solar PILOT Program Update - Supervisor Stagliano said the Town did not opt out by Local Law, however a PILOT has been set by Local Law.

C.    Solar PILOT Law - discussion regarding the best way to change Local Law No.2 of 2016 setting a PILOT for Solar Farms. It was agreed it would be better to repeal LL 2 of 2016, then rewrite a new law LL  of 2020 on fixed figures, removing paragraphs 5 & 6 which states 50% of assessment with increases of 50,10 each year. Motion to present at a public hearing on August 13, 2020, at 6:45 p.m. proposed Local Law No. 1 of 2028, repealing Local Law No. 2 of 2016, and proposed Local Law No. 2 of 2020 establishing a Solar PILOT Program based on a fixed figure not an assessment by Hezel, seconded by Mancini; passed 4-0 (Res. #20-06.4)

A regular meeting of the Town of St. Johnsville was held on June 11, 2020, at 7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present: Dominick Stagliano, Supervisor; Ronald Hezel, Councilman; Martha Mancini, Councilwoman; George Haines, Councilman; Lynn Stever, Town Clerk; Norman Mastromoro, Attorney for the Town of St. .Johnsville

Absent: none

Public: Michael Mancini, William Putman & Leighanne Loucks

Meeting called to order 7:00 p.m. Salute to the flag

Roll Call - all present

Public Comment - none

Minutes - Motion by Hezel, seconded by Haines to accept the minutes of May 14, 2020; passed 4-0. (Res. #20-058)

Departmental Reports - reports accepted from the Town Clerk, Justice, Dog Control Officer and Code Enforcement Officer, as well as the Planning Board minutes of March 10, 2020.

Correspondence - Supervisor Stagliano reported to the board that there has been an increase in positive CO-VID19 test results among the Amish community.

Old Business

A.     Solar PILOT Programs - Leighanne Loucks addressed the board regarding our current PILOT, which is based on an assessment. She stated that the board set a dollar amount as an assessment to base the PILOT on, when all assessments must be set by the Assessor. She is not happy with the board agreeing on a figure (assessment) that she feels is too low based on similar solar projects in the Town of Florida, and if the assessment is challenged in court she will be required to defend it. Supervisor Stagliano said until the Assessor puts an assessment on it, it will remain as is. Cypress Creek needs to meet with the Assessor to discuss and notify that a possible moratorium is in the works. Attorney Mastromoro or Supervisor Stagliano will notify Cypress Creek. Councilwoman Mancini stated that the Planning Board needs to meet with Cypress Creek to determine the reason for the start delay of these projects as well as a definite start date.

B.    Board of Assessment Review - Leighanne Loucks, Assessor reported to the board that only one case was heard by the Board of Assessment Review. She also reported that BAR member, Terry Swartz was contacted by a board member prior to grievance, being pressured about choosing a Chairman. Leighanne stated that town board members should not be contacting the Board of Assessment Review members trying to persuade decisions. Supervisor Stagliano stated that if Mr. Swartz has an issue, he should be bringing it to the town board's attention either personally or in writing. Supervisor Stagliano said he received a call the night of grievance regarding a split decision on choosing a Chairman. He said on a split 2‑2 decision, the previous Chairman, Joseph Sokol, would remain Chairman as a holdover. Supervisor Stagliano distributed to all town board members a training manual for members of the Board of Assessment Review, clearly stating that a town board member cannot serve on the Board of Assessment Review. Terms of office for the BAR run 10/1 through 9/30; therefore that would leave two vacancies beginning October 1,2020. It was agreed to put BAR appointments on the September agenda.

A regular meeting of the Town of St. Johnsville was held on February 13, 2020, at 7:00 p.m., at the Town Offices, 7431 STHWY 5, St. Johnsville, NY 13452

Present: Dominick Stagliano, Supervisor; Ronald Hezel, Councilman; Martha Mancini, Councilwoman; George Haines, Councilman; Lynn Stever, Town Clerk; Norman Mastromoro, Attorney for the Town of St. .Johnsville

Absent: none

Public: Michael Mancini and Louise Robusto

Meeting called to order 7:00 p.m. Salute to the flag

Roll Call - all present

Public Comment - none

Annual review of Justice Court Records - Bruce Dye, Town Justice presented his books for the Town Board's review. Motion by Stagliano, seconded by Mancini, that all records were found to be in order and balanced; passed 4-0. (Res. #20-038)

Minutes - Motion by Mancini, seconded by Haines to accept the minutes of January 9, 2020; passed 4-0. (Res. #20-039)

Departmental Reports - Motion by Hezel, seconded by Mancini to accept the Town Clerk, Justice, Code Enforcement Officer and Dog Control Officer's monthly reports; passed 4-0. (Res. #20-040)

Correspondence - letter from the NYS Retirement and a thank you letter from the St. Johnsville Senior Citizen's

Old Business

A.     Update to Flood Plan Law - Attorney Mastromoro reported to the board that he is still working on it.

B.    Highway Prior Written Notice Law - Attorney Mastromoro presented to the board sample laws for their review.

C.    Other -none

New Business

A.     Vacancies - four application letters were received for various positions with the town. As agreed last month, the board has decided not to fill the vacant position on the Town Board. Any interested individuals would need to file a petition for the next General Election. Motion to appoint Julie Erno to the Planning Board, with a term expiration of 2021, by Hezel, seconded by Haines; passed 4-0. (Res. #20-041) Motion by Hezel, seconded by Haines to appoint Michael Mancini to the Planning Board, with a term expiration of 2024; passed 4-0. (Res. #20-042)

B.    Cypress Creek Renewables Motion by Mancini, seconded by Haines to accept the 1.5 million decommission bond for the Kennedy Road Project; passed 4-0. (Res. #20-043) Louise Robusto asked that Attorney Mastromoro contact Cypress Creek and request that they come before the Planning Board to explain why they haven't started the Drinkwater Project, so that the Planning Board can make an informed decision as to whether it is a valid reason to extend the permit. It was agreed that Attorney Mastromoro attend the Planning Board meeting which will be the first Tuesday in March.