April 2013 Minutes

STATE OF NEW YORK April 3, 2013



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”.


Supervisor: Mike Spaccaforno

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

Town Clerk: Pamela Walker

Hwy. Supt.: Chuck Smith


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


  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.


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


  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.


  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.


  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.


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


  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


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.


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




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



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


Pamela Walker, Town Clerk

Resolution 17 2014TOWN 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: 03/ September/2014

                                                    REGULAR BOARD MEETING

                                   RESOLUTION # 017


Docket ID No. EPA–HQ–OW–2011–0880


            WHEREAS, the Town of Masonville supports the reasonable protection of natural resources and acknowledges progress achieved under the Clean Waters Act in protecting water quality and

            WHEREAS, the Town of Masonville also supports the protection of private property rights; and

            WHEREAS, the ACOE and EPA are  proposing to change the definition of “navigable waters  of the United States from, “the waters of the United States, including the territorial seas” [33 U.S.C.A. § 1362 (7)] to read in section (a) of the proposed rule for all sections of the CWA to  “traditional navigable waters; interstate waters, including interstate wetlands; the territorial seas; impoundments of traditional navigable waters, interstate waters, including interstate wetlands, the territorial seas, and tributaries, as defined, of such waters; tributaries, as defined, of traditional navigable waters, interstate waters or the territorial seas”; and

WHEREAS, this would include all intermittent water bodies, wetlands, floodplains, ponds and waters with or without a visible surface connection to a navigable water; and


            WHEREAS, the implications of this rulemaking at the local level is beyond the practical understanding by federal bureaucrats in Washington D.C.; and

            WHEREAS, the proposed rulemaking by the EPA and ACOE to expand their jurisdiction over all waters by changing the definition of navigable waters in the United States under the premise of significantly improving water quality protection under the Clean Waters Act , of which  measurable change is questionable  while interfering with and delaying day to day activities of landowners, business development, municipalities and commerce at an undetermined cost to those affected; and 


WHEREAS, past attempts to accomplish complete control over all waters have been unsuccessful in the Supreme Court; and

            WHEREAS, the jurisdiction sought will cost not only property owners more money for compliance on properties with water features on them, including standing water on a crop field, but all citizens of the County and the municipalities they reside in, with increased costs of compliance associated with transportation infrastructure, such as ditch maintenance, road repair such as potholes, bridge and culvert sites and other unintended consequences, via increased taxes; and

            WHEREAS, the Town of Masonville, Delaware County and New York State Farm Bureaus oppose this rulemaking due to its potential impact on crop and pasture land activities; and

            WHEREAS, the US Congress has failed to fulfill its responsibility to legislate on such important issues and therefore by default leave such attempts to make the changes through rulemaking by unaccountable federal bureaucracies to pursue this expansion of jurisdiction; and

            WHEREAS, wetlands and water bodies are currently regulated extensively, relative to land disturbance and improvements near surface water features for the protection of water quality, particularly in the New York City watershed; and

            WHEREAS, the implementation and enforcement of the  proposal is impractical and would  require hiring more staff for enforcement, resulting in more bureaucratic oversight with un-foretold and imprecise costs to United States taxpayers.


            NOW, THEREFORE, BE IT RESOLVED that the Town Board of Masonville strongly opposes this rulemaking as it is an unnecessary, additional bureaucratic and costly burden for questionable results in the name of  water quality protection, since water is currently regulated aggressively across the country, even more so in New York State and the New York City watershed and as demonstrated  in this County, water quality has improved substantially and continues to do so, as a result of existing regulatory oversight and voluntary programs.  This attempt at rulemaking is an act of federal agency overreach and as proposed, is not acceptable.  Actions such as this should be legislated by congress not through rulemaking by faceless and unaccountable federal bureaucrats with unfettered enforcement prerogatives from Washington DC. 

BE IT FURTHER RESOLVED that a certified copy of this resolution be sent to U.S. Senators Charles Schumer and Kirsten Gillibrand, Congressman Chris Gibson, Committee Members of the U.S. Senate Committee on the Environment and Public Works, The House of Representatives Committee on Science, Governor Cuomo, NYS Senators Bonacic, Seward and Libous and NYS Assembly Members Crouch, Lopez and Tenny, US EPA Administrator, the Army Corps of Engineers, National and State Associations of Counties, New York State Farm Bureau and the Delaware County Farm Bureau. State of New York


Pamela Walker

Masonville Town Clerk

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