April 2013 Minutes

STATE OF NEW YORK April 3, 2013

COUNTY OF DELAWARE

TOWN OF MASONVILLE

The Public Hearing of the Town Board of the Town of Masonville was called to order at 7:30 p.m. Regular meeting to follow.

Subject of such hearing is Local Law #2 “The Right To Farm Law”.

PRESENT:

Supervisor: Mike Spaccaforno

Council members: Jeri Brayman, Craig DuMond, Steve Roff, Betty Scott

Town Clerk: Pamela Walker

Hwy. Supt.: Chuck Smith

PUBLIC:

Vince Warner, Barbara Roth, Nick Genovese, Ernst Keidel, Neil Brayman, Neita VanValkenburg, Doug Earl, Tom Klehr, Steve Tiska, Melissa Thomas, Collin Frost

FLOORTIME:

  1. Steve Tiska asked about the Local Law and asked if it was an upgrade. He thought that there was one in place. Mike said if there is then yes, it will be.

  2. Steve Roth thought that Section B- item 2, should have aquaculture also noted there, but that it is listed further in the law. Mike said that it is listed in Section E, item #9 in the specifics of the law.

There were no further questions. The Public hearing was closed at 7:35 p.m. and the regular meeting was opened.

MINUTES:

Motion by Craig DuMond was made to accept the minutes as presented, seconded by Jeri Brayman, all in favor, carried.

FLOORTIME:

  1. Nick Genovese asked if McMullen Road was still in the works to be done. Chuck said, as far as he knows, yes.

  2. Steve Tiska asked about the status of Church Street Bridge. Mike said that Wayne Reynolds came and inspected it with Chuck and Wayne should have a full report by next meeting.

  3. Steve Tiska read something about fresh water fishing, which became interesting so he did some digging. Steve said that if your land is traveled through to get to a fishing spot that it needed to be cleaned up. It could become a liability to the landowner if someone should get hurt. Steve also said that the bridge does not fall under this. Steve said that the bridge should be inspected to be protected. Mike said the bridge was inspected by the Dept. of Public Works, and he is waiting for the written report.

  4. Steve Tiska asked how Mike was making out with getting the Cemetery grass being mowed. Mike said he asked the County for records. He didn’t receive them yet, but he doesn’t think anything will change.

  5. Tom Klehr asked if Mike has worked on the plaque for the bridge. Mike said no, because it is done and in his office. The Hwy. Dept. will install it as soon as it warms up.

  6. Tom Klehr asked about a presentation on fracking that was promised maybe for February or March. Mike said he has been very busy with insurance and contracts and has not been working on this. Fracking has taken a back burner with the State. It does not look like they will approve it for years, if at all.

  7. Nick Genovese asked Chuck about the speed limit sign that needs to be replaced. Chuck said he seen it and will get it done.

CORRESPONDENCE:

  1. Mike said he received two quotes on insurance for the Town that he just got he will open t needs time to look at and no discussion on this tonight.

HIGHWAY REPORT:

  1. Plowing and sanding as needed

  2. Hauling sand to the stock pile

  3. Maintenance and repairs on the new sweeper

  4. Serviced and preventative maintenance on Fire Department Trucks

  5. Custom fabricating wing plow conversion to hydraulic lifting system on Truck #4 to eliminate previous problems

  6. State of NY passed an increase to the CHIPS program. Mike will explain this in the Supervisors report.

COMMITTEE REPORT:

  1. Craig read the CEO report for the Month of March.

SUPERVISORS REPORT:

  1. Mike reported on the State Budget and said that the CHIPS money has not been increased in the last 6 years. Mike said that over those years the Towns and the Counties had absorbed the extra cost of road repairs and maintenance. No increase in the CHIPS funding just meant more UNFUNDED MANDATES for all of us. In the last six years the cost of fuel to run the Town trucks increased by 190%, the cost of asphalt for our roads increased by 206% and all highway related materials by a minimum of 57%. We, as a Town, had to absorb all of this and try to hold a 2% property tax cap. It is impossible to do this. Mike said that this year the increase to CHIPS will be $25,700.00 and next year would be $25,000.00. It is still not enough to cover road repair, but it will help.

  2. Mike reported that last month Jeri asked about dog enumerations and if they were being done. Mike said that he has spoken with the Dog Control Officer and that now that the weather is better he will start getting out.

  3. Mike spoke on the Bridge and said that Wayne Reynolds took measurements and pictures of the bridge and was there for about an hour and a half. He will have a written report very soon.

  4. Mike said he went to a meeting in Delhi where Governor Cuomo’s representative was there and spoke on how the budget had only a 2% increase and how great it was. Mike said he interrupted her and told her that all the State increases were made mandates and have been passed down to the County and Town level. That is why the State budget looks so good. Then he started giving her examples. She said she was going to look into this and get back to him. As of this date, Mike has not heard back from her. He has called her several times.

  5. Mike said that he received a notice about the Star program and in order to get the rebate, people under 65 years old have to reapply this year. Mike said that if anyone has any questions they can call 518-457-2036

MOTIONS:

Upon recommendation of the Town Supervisor, the Town Board adopts Local Law #2 of 2013 The Town of Masonville Right to Farm Law. So moved by Craig DuMond, seconded by Betty Scott, all in favor carried. (The Town of Masonville Right to Farm Law is attached.)

Motion by Betty Scott top pay all audited bills, seconded by Craig DuMond, all in favor carried.

GENERAL:

46. By the Books 733.33

47. Frontier 93.10

48. Selective 174.00

49. NYSEG 455.30

50. Paraco 1171.61

51. Time Warner Cable 682.93

52. Quill Corp. 395.92

53. Tri-Town News 4.62

54. Pamela Walker 33.74

55. Edson Jones 80.00

56. Cornell Local Rds Programs 50.00

57. Jess F. Howes 20.86

58. Wal-Mart 60.21

59. Mike Spaccaforno 569.96

60. Main Heating LLC 30.00

61. Laurie Burpoe 690.00

62. Joe Reynolds 131.80

__________

5,327.38

HIGHWAY:

52. Tepco 21.00

53. Quality Craft Tools 369.00

54. Ben Funk 185.10

55. Fleetpride 156.04

56. Horton Hardware 58.94

57. Utica Mack Inc. 219.24

58. Cobra Ind. LLC 117.00

59. J&J Equipment 116.44

60. Babcock Municipal Supply 50.00

61. Cook Brothers Truck 104.23

62. G&L Auto Supply Inc. 407.56

63. Tallmadge Tire 368.00

64. Zee Medical Inc. 93.23

65. Advanced Fire Protection Inc. 207.00

66. Interstate Batteries 219.90

67. Mirabitos 3828.25

68. E&R Popes Excavating LLC 2457.00

69. Dags Auto Parts 126.14

70. D&D of Walton 368.62

_____________

9,472.69

The meeting was adjourned at 8:00 P.M.

_____________________________

Pamela Walker, Town Clerk

TOWN OF MASONVILLE  

Michael Spaccaforno, Supervisor  
                                                                              E-mail-        forno100@aol.com

1890 State Highway 206                                                                                                                                                                                                                                                 Web Site-       http://www.masonville-ny.us/                                                                                                

Masonville, NY 13804

  Phone: 607-265-4010

  Fax: 607-828-4025                                                                                                                                                                                     

                                                                                            DATE: 07/JANUARY/2015 

                               ORGANIZATIONAL & REGULAR BOARD MEETING

                              RESOLUTION # 001

TITLE:            TOWN SUPERVISOR POWERS AND DUTIES

 

WHEREAS, As the Town Supervisor as Chief Executive Officer for the Town, it only seems appropriate such Supervisor be delegated administrative duties by the Town Board. 

THEREFORE, BE IT RESOLVED, the Town Board delegates to the Supervisor the powers and duties of administration and supervision of the Town on behalf of such Board. 

 

 

 

________________________________

Pamela Walker

Masonville Town Clerk

 Motion By:                                                               

 

Seconded By:                                                 

 

All in Favor:              

 

Opposed:                    

 

Carried (y/n):             

*********************************************

    TOWN OF MASONVILLE  

Michael Spaccaforno, Supervisor                                                                                       E-mail-        forno100@aol.com

1890 State Highway 206                                                                                                Web Site-       http://www.masonville-ny.us/                                                                                                

Masonville, NY 13804

  Phone: 607-265-4010

  Fax: 607-828-4025                                                                                                                                                                                     

                                                                                            DATE: 07/JANUARY/2015 

                               ORGANIZATIONAL & REGULAR BOARD MEETING

                             RESOLUTION # 002

TITLE:            AUTHORIZATION TO PURCHASE

 

WHEREAS, The Highway Department at times needs to make essential purchases to maintain continuity of services and perform functions associated with the Department.

THEREFORE, BE IT RESOLVED, to authorize the Highway Superintendent the authority to make purchases for essential items, without prior approval, up to the amount of $2,000.00.  Essential purchases above $2,000 between meetings must have the approval of both the Highway Committee and Supervisor. 

 

 

_________________________________

Pamela Walker

Masonville Town Clerk

 Motion By:                                                   

 

Seconded By:                                                             

 

All in Favor:              

 

Opposed:                    

 

Carried (y/n):             

*********************************************

    TOWN OF MASONVILLE  

Michael Spaccaforno, Supervisor                                                                                       E-mail-       forno100@aol.com

1890 State Highway 206                                                                                                Web Site-       http://www.masonville-ny.us/                                                                                                

Masonville, NY 13804

  Phone: 607-265-4010

  Fax: 607-828-4025                                                                                                                                                                                     

                                                                                                DATE: 07/JANUARY/2015

                              ORGANIZATIONAL & REGULAR BOARD MEETING

                             RESOLUTION # 003

TITLE:            AUTHORIZATION TO ATTEND SCHOOLS, TRAININGS & CONFERENCES

 

WHEREAS, Elected and appointed officials are required, mandated or elect to attend needed training to continue to develop their skills in accordance with their official duties to best serve the Town.

THEREFORE, BE IT RESOLVED, to authorize elected and appointed officials to attend such activities, in accordance with their official duties, with audited expenses will be covered by the Town as authorized by State Law and proper Town Charges.

 

________________________________

Pamela Walker

Masonville Town Clerk

 Motion By:                                                               

 

Seconded By:                                                             

 

All in Favor:              

 

Opposed:                    

 

Carried (y/n):              

*********************************************

    TOWN OF MASONVILLE  

Michael Spaccaforno, Supervisor                                                                                       E-mail-       forno100@aol.com

1890 State Highway 206                                                                                                 Web Site-       http://www.masonville-ny.us/                                                                                                

Masonville, NY 13804

  Phone: 607-265-4010

  Fax: 607-828-4025                                                                                                                                                                                     

                                                                                                  DATE: 07/JANUARY/2015 

                             ORGANIZATIONAL & REGULAR BOARD MEETING

                             RESOLUTION # 004

 

TITLE:            REGULAR TOWN BOARD MEETINGS.

 

WHEREAS, the Town is required to establish regular Town Board meetings for the purposes of conducting Town business.

NOW, THEREFORE BE IT RESOLVED, The regular meeting of the Town of Masonville Board will be conducted on the 1st Wednesday of each month at 7:30 pm at the Masonville Town Hall.

_________________________________

Pamela Walker

Masonville Town Clerk

 

Motion By:                                                               

 

Seconded By:                                                            

 

All in Favor: 

 

Opposed:                  

 

Carried (y/n):                       

*********************************************

    TOWN OF MASONVILLE  

Michael Spaccaforno, Supervisor                                                                                       E-mail-       forno100@aol.com

1890 State Highway 206                                                                                                Web Site-       http://www.masonville-ny.us/                                                                                                 

Masonville, NY 13804

  Phone: 607-265-4010

  Fax: 607-828-4025                                                                                                                                                                                     

                                                                                              DATE: 07/JANUARY/2015

                           ORGANIZATIONAL & REGULAR BOARD MEETING

                            RESOLUTION # 005

TITLE:            AUTHORIZATION OF MILEAGE.

 

WHEREAS, The Town is required to establish mileage reimbursement rates for the 2015 calendar year for Town officers who utilize their personal vehicle in accordance with official Town duties and/or business.

NOW, THEREFORE BE IT RESOLVED, Town employees be reimbursed at a rate of .55 cents per mile for personal vehicle use while on official Town business for the 2015 calendar year.

 

 

_________________________________

Pamela Walker

Masonville Town Clerk

 

Motion By:                                        

 

Seconded By:                                                 

 

All in Favor:              

 

Opposed:                    

 

Carried (y/n):             

*********************************************

    TOWN OF MASONVILLE  

Michael Spaccaforno, Supervisor                                                                                       E-mail-        forno100@aol.com

1890 State Highway 206                                                                                                Web Site-       http://www.masonville-ny.us/                                                                                                

Masonville, NY 13804

  Phone: 607-265-4010

  Fax: 607-828-4025                                                                                                                                                                                     

                                                                                             DATE: 07/JANUARY/2015

                             ORGANIZATIONAL &REGULAR BOARD MEETING

                              RESOLUTION #006

TITLE:            PAYMENT OF UTILITIES.

 

WHEREAS, the Town is required to pay utilities and postage in a timely and efficient manner.

NOW, THEREFORE BE IT RESOLVED, the authorization of advance payment for utilities and postage, however, such payments shall be audited at the following Board meeting. 

 

_________________________________

Pamela Walker

Masonville Town Clerk

 

 

Motion By:                                                                

 

Seconded By:                                                             

 

All in Favor               

 

Opposed:                    

 

Carried (y/n)              

*********************************************

    TOWN OF MASONVILLE  

Michael Spaccaforno, Supervisor                                                                                       E-mail-        forno100@aol.com

1890 State Highway 206                                                                                                Web Site-       http://www.masonville-ny.us/                                                                                                 

Masonville, NY 13804

  Phone: 607-265-4010

  Fax: 607-828-4025                                                                                                                                                                                     

                                                                                               DATE: 07/JANUARY/2015 

                    ORGANIZATIONAL &REGULAR BOARD MEETING

                             RESOLUTION # 007

TITLE:            PARTICIPATION IN STATE AND COUNTY BID PRICES

 

WHEREAS, it is in the best interest of the Town to obtain products, supplies, services, etc. at the lowest available price to the taxpayer.

NOW, THEREFORE BE IT RESOLVED, the Highway Superintendent be allowed to make authorized purchases, not subject to competitive bidding, at the State and County bid price, or lower price, whichever is lowest.

 

 

_________________________________

Pamela Walker

Masonville Town Clerk

 

 

Motion By:                                                                

 

Seconded By:                                                             

 

All in Favor:              

 

Opposed:                    

 

Carried (y/n):              

*

    TOWN OF MASONVILLE  

Michael Spaccaforno, Supervisor                                                                                       E-mail-        forno100@aol.com

1890 State Highway 206                                                                                                Web Site-       http://www.masonville-ny.us/                                                                                                 

Masonville, NY 13804

  Phone: 607-265-4010

  Fax: 607-828-4025                                                                                                                                                                                     

                                                                                               DATE: 07/JANUARY/2015

                                ORGANIZATIONAL & REGULAR BOARD MEETING

                             RESOLUTION # 008

 

TITLE:            DEPUTY HIGHWAY SUPERINTENDENT

 

WHEREAS, it is in the best interest of the Town to appoint a Deputy Highway Superintendent to carry out the duties of the Highway Superintendent in his absence.

NOW, THEREFORE BE IT RESOLVED, Gordon Finch Jr., be appointed Deputy Highway Superintendent with an annual pay adopted in the 2015 budget.

_________________________________

Pamela Walker

Masonville Town Clerk

Motion By:                                                                

 

Seconded By:                                                             

 

All in Favor:              

 

Opposed:                    

 

Carried (y/n):             

********************************************

    TOWN OF MASONVILLE  

Michael Spaccaforno, Supervisor                                                                                        E-mail-        forno100@aol.com

1890 State Highway 206                                                                                                Web Site-       http://www.masonville-ny.us/                                                                                                 

Masonville, NY 13804

  Phone: 607-265-4010

  Fax: 607-828-4025                                                                                                                                                                                     

                                                                                                   DATE: 07/JANUARY/2015

                              ORGANIZATIONAL & REGULAR BOARD MEETING

                              RESOLUTION # 009

TITLE:            DISBURSEMENT OF HIGHWAY MONIES

 

WHEREAS, it is necessary to disburse highway monies in accordance with the adopted fiscal budget, as well as State Law.

NOW, THEREFORE BE IT RESOLVED, for the expenditure of highway monies as budgeted in the Town of Masonville adopted 2015 fiscal budget.

 

_________________________________

Pamela Walker

Masonville Town Clerk

Motion By:                                                    

 

Seconded By:                                                             

 

All in Favor:              

 

Opposed:                    

 

Carried (y/n):              

*********************************************

    TOWN OF MASONVILLE  

Michael Spaccaforno, Supervisor                                                                                       E-mail-        forno100@aol.com

1890 State Highway 206                                                                                                Web Site-       http://www.masonville-ny.us/                                                                                                 

Masonville, NY 13804

  Phone: 607-265-4010

  Fax: 607-828-4025                                                                                                                                                                                     

                                                                                             DATE: 07/JANUARY/2015 

                            ORGANIZATIONAL & REGULAR BOARD MEETING

                             RESOLUTION # 010

TITLE:            CONFIDENTIAL SECRETARY / BOOKKEEPER

 

WHEREAS, the Town Supervisor is authorized to appoint a Confidential Secretary / Bookkeeper.

NOW, THEREFORE BE IT RESOLVED, Karen Kropp, be appointed Confidential Secretary / Bookkeeper on a contractual basis as stipulated in the adopted 2015 Town Budget.

 

_________________________________

Pamela Walker

Masonville Town Clerk

Motion By:                                                                

 

Seconded By:                                                             

 

All in Favor:              

 

Opposed:                    

 

Carried (y/n):             

*********************************************

    TOWN OF MASONVILLE  

Michael Spaccaforno, Supervisor                                                                                       E-mail-        forno100@aol.com

1890 State Highway 206                                                                                                Web Site-       http://www.masonville-ny.us/                                                                                                 

Masonville, NY 13804

  Phone: 607-265-4010

  Fax: 607-828-4025                                                                                                                                                                                     

                                                                                             DATE: 07/JANUARY/2015 

                            ORGANIZATIONAL & REGULAR BOARD MEETING

                             RESOLUTION # 011

TITLE:            TOWN ATTORNEY

 

WHEREAS, the Town Supervisor is authorized to appoint a Town Attorney to confer with on any legal matter that may have an impact on the Town.

NOW, THEREFORE BE IT RESOLVED, the Cowen Law Firm, be appointed Town Attorney on a contractual basis as stipulated in the adopted 2015 Town Budget.

 

_________________________________

Pamela Walker

Masonville Town Clerk

Motion By:                                                                

 

Seconded By:                                                             

 

All in Favor:              

 

Opposed:                    

 

Carried (y/n):              

*********************************************

 TOWN OF MASONVILLE  

1890 State Highway 206                                                                                               Web Site- http://www.masonville-ny.us/                                                                                                 

Masonville, NY 13804                                                                                                 Michael Spaccaforno, Supervisor

  Phone: 607-265-4010                                                                                                     E-Mail -     forno100@aol.com

  Fax: 607-828-4025                                                                                                                                                                                     

                                                                                              DATE: 07/JANUARY/2015

                                                    REGULAR BOARD MEETING

                               RESOLUTION # 12

            AGREEMENT FOR CDL DRUG & ALCOHOL TESTING

THIS AGREEMENT made this 7 day of January, 2015 by and between the County of Delaware (hereinafter called "County") acting by its Commissioner of Public Works (hereinafter referred to as "Commissioner") and the Town of Masonville (hereinafter called "Town/Village") acting by its Governing Body's representative as follows:

Whereas the Federal Highway Administration (FHWA) has adopted and published regulations at 49 C.F.R. Part 382, entitled "Controlled Substances & Alcohol  Use and Testing" and

Whereas these regulations apply to all Public Employees holding CDL licenses and who perform safety sensitive functions and

Whereas the regulations require the testing of all personnel who are covered, and

Whereas the regulations allow for Consortiums to be formed by groups of employers to administer the regulations as a single entity and

Whereas the County of Delaware has agreed to administer a consortium for all the Towns and Villages in the County

           Notherefore be it  agreed: County             Responsibilities

The County will administer the consortium in accordance with the requirements of the regulations.

The County will annually enter into an agreement with a Third Party testing firm to provide professional services to the consortium required to meet the letter and intent of the regulations.  The service provider will be selected by the County annually by December    15th.

The contract will require the service provider to do the following work in accordance with the regulations:

Set up the consortium

Maintain an accurate up to date list of all the entities in the consortium and a list of all the employees working for those entities

Set up a random selection process to identify the employees to be tested Travel to testing locations around the County to take the   samples.

Contract with a lab to analysis the samples Provide for a Medical Review officer

Respond in a timely manner to requests for Post-accident and pre-employment tests Perform all reporting to the Federal Government

Perform any required training

The County will notify all employers in the consortium of the selection of the service provider by December 31st

of each year.  This notification will include the testing and service rates for the coming year.

Based on the regulations current requirements for percentages of employees to be tested for each substance and the service providers cost to sample, the County will send each agency member of the consortium a bill for the year for the random testing.  All pre-employment, reasonable suspicion and post-accident testing and training will be billed directly to the requesting agency by the vendor.  The bill will be sent annually to the employer agencies by June 30th.  The bill will be based on the agency supplied list (referenced in member responsibilities) provided to the County and any updates received prior to June 1st_

The County will pay for all random testing throughout the   year.

The County and service provider will cooperate fully with any Federal or State investigation involving the regulations on behalf of the member entities. The County and service provider will provide all necessary records associated with the regulations to the investigating or auditing    entity.

Consortium agency member responsibilities:

Based on the County's notification letter of the service provider and testing costs, make a decision as to whether  they are going to stay with the County consortium  or not.  Annually,  obtain governing board approval to enter into a contract with the County for the testing services.  The resolution and notice to the County shall be provided to the County by January 31st.

Provide a list of all the current covered employees to the County's Vendor by January 31st. Make payment to the County within 45 days of receipt of invoice for annual testing.

Notify the County in writing within 15 business days of any new hires or employees who have left the employ of the agency.

Cooperate with the service provider to have employees available at the appointed testing site at the scheduled time. Do not unreasonably withhold agreement with the service provider on a scheduling time or location.

Make direct payment to the service provider for all missed scheduling appointments within 30 days of receipt of the invoice.

Coordinate directly with the service provider to get pre-employment tests, reasonable suspicion tests and post-accident tests in accordance with the regulations. Make payments directly to the service provider within 30 days of receipt of invoice for these services.

Breach of Contract:

If a consortium member agency fails to uphold any of its responsibilities within the timeframes included herein, the agency will be considered in violation of this contract.  The violation will be documented in writing by the County within 30 days of the violation.  If the consortium member does not correct the violation within 30 days of the notification, the agency will be notified in writing by the County that

they are no longer considered part of the consortium. There will be no refunds of the annual payment as the money will be required to meet the testing requirements of the regulations. The agency will then be in violation of the regulations until they find another service provider.

The parties further agree:

The term of this agreement shall be for the term commencing with the execution of the agreement and shall have a term of one (1) year. This agreement shall be automatically renewed for successive one year terms; provided that either  party  hereto  may terminate  this  agreement  at any time with  or without  cause on thirty

(30) days prior written notice to the other party.

This agreement shall bind the successors, assigns and representatives of the parties hereto.

IN WITNESS WHEREOF, this agreement has been executed by the County of Delaware acting by and through the Commissioner of Public Works and the Town of Masonville acting by and through the governing body’s representative, on the day and year first above written.

COUNTY OF DELAWARE (L.S.)

County Superintendent of Highways Town of Masonville (L.S.)

By:  ------- --------

Chuck Smith, Highway Superintendent

STATE OF NEW YORK   )

) S.S.:

COUNTY OF DELAWARE          )

On this         day of                                               20_, before me personally came Wayne D. Reynolds, to me known and known to me to be the Delaware County Commissioner of Public Works, the person described as such in and who executed the foregoing instrument and he duly acknowledged to me that he executed the same as such Delaware County Commissioner of Public Works for the purpose therein   mentioned.

                                                            Notary Public

                

STATE OF NEW YORK              )

) S.S.:

COUNTY OF DELAWARE          )

On this         day of                                20       , before me personally came Chuck Smith to me known and known to me to be the Highway Superintendent of the Town of Masonville described as such in and who executed the foregoing instrument and he duly acknowledged to me that he executed the same as such Highway Superintendent of the Town of Masonville for the purpose therein mentioned

 

                                                                _____________________________   Notary Public

 



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