Notice of Highway Defects
LOCAL LAW NO. 1 of the year 2004
A local law providing for written notification of defects and obstructions on town highways, bridges, streets, sidewalks, crosswalks and culverts in the Town of Masonville
Be it enacted by the Town Board of the Town of Masonville
Section 1. No civil actions shall be maintained against the town or town superintendent of highways for damages or injuries to person or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous, or obstructed condition of such highway, bridge, street, sidewalk, crosswalk or culvert was actually given to the town clerk or town superintendent of highways, and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of. No such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk or culver, unless written notice thereof, specifying the particular place, was actually given to the town clerk or town superintendent of highways and there was failure or neglect to cause such snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
Section 2. The town superintendent of highways shall transmit in writing to the town clerk within ten days after the receipt thereof all written notices received pursuant to this local law and subdivision 2 of section 65-a of the Town Law. The town clerk shall cause all written notices received pursuant to this local law and subdivision 2 of section 65-a of the Town Law, to be presented to the town board within ten days of the receipt thereof or at the next succeeding town board meeting whichever shall be sooner.
Section 3. This local law shall supersede in its application to the Town of Masonville subdivisions 1 and 3 of section 65-a of the Town Law.
Section 4. This local law shall take effect immediately upon its filing in the office of’ the Secretary of State. Please note that Town Law 65-a, Subdivision 4, requires the Town Clerk to keep a separate indexed record of all such notices received. In the event of litigation, the Town will be expected to demonstrate compliance with this provision.

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

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