resolution #1 - january 5, 2010 - mr. morehouse presented ... · carried. ayes-3 (goodspeed,...

Town of Johnsburg Town Board Resolutions for 2010 (compiled by Jo Ann Smith, Town Historian 2018)

Resolution #1 - January 5, 2010 - Mr. Morehouse presented the following resolution and

moved its passage with a second from Mr. Stevens to accept the minutes of the December 15,

2009 regular Town Board Meeting as written. With 5 members voting in favor the resolution is

declared carried. Ayes-5 (Arsenault Morehouse, Stevens, Vanselow, Goodspeed) Nays - 0

Resolution #2 - January 5, 2010 - Mr. Stevens presented the following resolution and moved

its passage with a second from Mr. Arsenault that the Town of Johnsburg Zoning Enforcement

Officer will be Christopher May for the year of 2010. With 5 members voting in favor the

resolution is declared carried. Ayes-5 (Arsenault Morehouse, Stevens, Vanselow, Goodspeed)

Nays - 0

Resolution #3 - January 5, 2010 - Mr. Vanselow presented the following resolution and

moved its passage with a second from Supv. Goodspeed that the Town of Johnsburg Town

Board authorizes the Town Clerk to advertise for two weeks in the North Creek News

Enterprise, for letters of interest in filling a vacancy in the position of Animal Control Officer

for the year of 2010. With 3 members voting in favor and 2 opposed the resolution is declared

carried. Ayes-3 (Goodspeed, Stevens, Vanselow) Nays - 2 (Arsenault, Morehouse)


moved its passage with a second from Mr. Stevens that the Town of Johnsburg Attorney for the

Town of Johnsburg will be J. Anthony Jordan for the year of 2010. With 5 members voting in

favor the resolution is declared carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow,

Goodspeed) Nays - 0


moved its passage with a second from Mr. Morehouse to appoint Dr. John Rugge as Town of

Johnsburg Health Officer for a term to begin January 1, 2010 and end on December 31, 2014.

With 5 members voting in favor the resolution is declared carried. Ayes-5 (Arsenault

Morehouse, Stevens, Vanselow, Goodspeed) Nays - 0


its passage with a second from Mr. Arsenault to acknowledge the appointment of Jo Ann Smith

as 1st Deputy Town Clerk for the year of 2010 and as Deputy Registrar for 2010 through

December 31, 2011. With 5 members voting in favor the resolution is declared carried. Ayes-5

(Arsenault Morehouse, Stevens, Vanselow, Goodspeed) Nays - 0

Resolution #7 - January 5, 2010 - Mr. Arsenault presented the following resolution and moved

its passage with a second from Mr. Morehouse to acknowledge the appointment of Donald

Moore as Deputy Superintendent of Highways for 2010. With 5 members voting in favor the

resolution is declared carried. Ayes-5 (Arsenault Morehouse, Stevens, Vanselow, Goodspeed)

Nays – 0



its passage with a second from Mr. Arsenault to designate the following handicapped accessible

polling place in the Town of Johnsburg for the year of 2010: District # 1: Wevertown

Community Center, Wevertown, NY; District # 2: Wevertown Community Center, Wevertown,

NY; District # 3: Wevertown Community Center, Wevertown, NY - With 5 members voting in


Goodspeed) Nays - 0

Resolution #9 - January 5, 2010 - Mr. Arsenault presented the following resolution and moved

its passage with a second from Mr. Stevens to designate the North Creek News-Enterprise as

the official newspaper for the Town of Johnsburg for the year of 2010. With 5 members voting

in favor the resolution is declared carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow,

Goodspeed) Nays - 0


moved its passage with a second from Mr. Stevens to designate the following banks as official

depositories for the Town of Johnsburg for the year of 2010: Community Bank, N.A., North

Creek, NY; T.D. Bank North, Warrensburg, NY; Glens Falls National Bank, Warrensburg,

NY - With 4 members voting in favor the resolution is declared carried. Ayes-4 (Morehouse,

Stevens, Vanselow, Goodspeed) Nays - 0 Abstained -1 (Arsenault)

Resolution #11 - January 5, 2010 - Mr. Arsenault presented the following resolution and

moved its passage with a second from Mr. Stevens to adopt the salaries of elected and

appointed officials as per the final adopted budget for 2010. With 5 members voting in favor

the resolution is declared carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow,

Goodspeed) Nays - 0


moved its passage with a second from Mr. Morehouse to set the compensation for mileage for

Town Business at 45 cents per mile for the year of 2010. With 5 members voting in favor the

resolution is declared carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed)

Nays-0


moved its passage with a second from Mr. Arsenault to adopt the Town Officers Bond for the

year of 2010, with the addition of Deputy Town Clerk Jo Ann Smith. With 5 members voting


Goodspeed) Nays - 0



its passage with a second from Mr. Vanselow to authorize the payment in advance of audit of

claim for Public Utility Services and Postage for the year of 2010. With 5 members voting in


Goodspeed) Nays - 0


moved its passage with a second from Mr. Morehouse to authorize the Supervisor to extend the

unexpended balances in their respective accounts for the purpose of encumbering monies during

the year of 2010. With 5 members voting in favor the resolution is declared carried. Ayes-5

(Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays - 0


its passage with a second from Mr. Arsenault to authorize Town Officers to purchase necessary

supplies to carry on official duties, in amounts not to exceed the budget during the year of 2010.

With 5 members voting in favor the resolution is declared carried. Ayes-5 (Arsenault,

Morehouse, Stevens, Vanselow, Goodspeed)


moved its passage with a second from Supv. Goodspeed to authorize the Supervisor to pay the

annual dues of the N.Y.S. Association of Towns and the Adirondack Association of Towns and

Villages, when due during the year of 2010. With 5 members voting in favor the resolution is

declared carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays - 0


moved its passage with a second from Mr. Morehouse to authorize the Town Clerk to publish,

in two issues, a summary of the 2009 Annual Report of the Supervisor of the Town of

Johnsburg. With 5 members voting in favor the resolution is declared carried. Ayes-5



moved its passage with a second from Mr. Morehouse to authorize the placing of Town monies

in interest bearing accounts when this can be done without interfering with the operation of

Town government. With 5 members voting in favor the resolution is declared carried. Ayes-5

(Arsenault, Morehouse, Stevens, Vanselow, Goodspeed)


its passage with a second from Mr. Vanselow to schedule as follows two regular Town Board

meetings per month in 2010, except in April, where there is only one scheduled meeting: Town

of Johnsburg Town Board Meetings for 2010: January 5 – Wevertown; January 19 – Library;

February 2 – Wevertown; February 16 – Library; March 2 – Wevertown; March 16 – Library;


Only one meeting in April!! – April 20 – Library; May 4 – Wevertown; May 18 – Library; June

1 – Wevertown; June 15 – Library; July 6 – Wevertown; July 20 – Library; August 3 –

Wevertown; August 17 – Library; September 7 – Wevertown; September 21 – Library; October

5 – Wevertown; October 19 – Library; November 4 – Wevertown (Thurs); November 16 –

Library; December 7 – Wevertown; December 21 – Library; Regular meetings begin at 7:00

p.m.; First & third Tuesday (Unless noted) With 5 members voting in favor the resolution is

declared carried. Ayes – 5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays - 0


moved its passage with a second from Mr. Arsenault to adopt the following Town Board

Standing Committees: 2010 STANDING COMMITTEE JOHNSBURG TOWN BOARD:

COMMITTEE: Highway MEMBERS: Gene Arsenault, Arnold Stevens; COMMITTEE: Solid

Waste Management MEMBERS: Gene Arsenault, Arnold Stevens; COMMITTEE: Fire

MEMBERS: Gene Arsenault, Frank Morehouse, Jr.; COMMITTEE : Water MEMBERS:

Frank Morehouse, Jr., Ron Vanselow; COMMITTEE: Planning & Zoning MEMBERS: Gene

Arsenault, Ron Vanselow; COMMITTEE: Buildings, Parks & Recreation MEMBERS: Arnold

Stevens, Ron Vanselow; COMMITTEE: Cemeteries MEMBERS: Frank Morehouse, Jr.,

Arnold Stevens; COMMITTEE: Library MEMBERS: Frank Morehouse, Jr, Arnold Stevens;

COMMITTEE: Chester Coordination MEMBERS: Ron Vanselow, Arnold Stevens;

COMMITTEE: Energy & Lighting MEMBERS: Ron Vanselow, Frank Morehouse, Jr.;

COMMITTEE: Johnsburg Pride Coordination MEMBERS: Frank Morehouse, Jr., Gene

Arsenault; COMMITTEE: Cable TV MEMBERS: Ron Vanselow, Arnold Stevens;

COMMITTEE: Personnel MEMBERS: Ron Vanselow, Frank Morehouse, Jr; COMMITTEE:

Insurance MEMBERS: Ron Vanselow, Frank Morehouse, Jr; With 5 members voting in favor


Goodspeed) Nays - 0


moved its passage with a second from Mr. Stevens to authorize the use of a copy of the

Supervisor’s Annual Report to the New York State Comptroller in lieu of accounting for the

year of 2010. With 5 members voting in favor the resolution is declared carried. Ayes-5

(Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays – 0


moved its passage with a second from Supv. Goodspeed that the following certified bills which

have been reviewed by the board members be paid: General Fund- Warrant #1G/Claims #1-9;

Highway Fund- Warrant #1H/Claims #1-6; North Creek Water Dist.- Warrant #1W/Claim#1.




Resolution #24 - January 19, 2010 - Mr. Morehouse presented the following resolution, and

moved its passage with a second from Mr. Vanselow, to accept the minutes of the January 5,

2010 Organizational Town Board meeting as written. With 5 members voting in favor, the


Nays - 0

Resolution #25 - January 19, 2010 - Mr. Morehouse presented the following resolution, and

moved its passage with a second from Mr. Arsenault, to authorize Supv. Goodspeed to execute

the contract with Delaware Engineering to operate the North Creek Water District for the year

of 2010. With 5 members voting in favor, the resolution is declared carried. Ayes-5


Resolution #26 - January 19, 2010 - Mr. Vanselow presented the following resolution, and

moved its passage with a second from Mr. Arsenault, to authorize Supv. Goodspeed to issue a

letter to the developers of the Top Ridge project which will release the lines of credit which the

Town Board had required to guarantee the proper construction of the water supply and

wastewater systems for the project. With 5 members voting in favor, the resolution is declared

carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays - 0

Resolution #27 - January 19, 2010 - Mr. Arsenault presented the following resolution, and

moved its passage with a second from Mr. Vanselow, that the Town Board conceptually

approves of the following Parks Department and Transfer Station changes as outlined by Supv.

Goodspeed: Town buildings checks will be done by other Town employees instead of Parks

Department employees; Mr. James Jones has been contacted to clear fire hydrants in place of

the Parks Department employees; on weekends the Transfer Station hours will be expanded to

9:00am to 5:00pm and that additionally; the Parks Department scheduling may need further

adjustment during the spring season as it will become even busier. With 5 members voting in

favor, the resolution is declared carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow,

Goodspeed) Nays - 0


moved its passage with a second from Supv. Goodspeed to continue with the advertising

process for Animal Control Officer up to February 2, 2010 and to schedule interviews prior to

the next Town Board meeting on February 2, 2010. With 2 members voting in favor, and 3

voting against the resolution is declared not to be carried. Ayes-2 (Vanselow, Goodspeed) Nays

- 3 (Arsenault, Morehouse, Stevens)

Resolution #29 - January 19, 2010 - Mr. Stevens presented the following resolution, and

moved its passage with a second from Mr. Morehouse to rescind Resolution Number 3 of 2010

and to appoint Mr. William Mosher as Animal Control Officer for 2010 with the condition of a

meeting between Mr. Mosher and either the personnel committee or the full Town Board in


executive session to discuss concerns regarding the performance of the job of Animal Control

Officer. With 2 members voting in favor, and 3 voting against the resolution is declared not to

be carried. Ayes-2 (Morehouse, Stevens) Nays - 3 (Arsenault, Vanselow, Goodspeed)


moved its passage with a second from Supv. Goodspeed that the Town Board meet with Mr.

William Mosher in executive session to discuss his performance as Animal Control Officer

following the regular portion of the Town Board meeting on February 2, 2010 and to then

determine whether Mr. Mosher should be appointed as Animal Control Officer for 2010. With

3 members voting in favor, and 2 voting against the resolution is declared carried. Ayes-3

(Arsenault, Vanselow, Goodspeed) Nays - 2 (Morehouse, Stevens)


moved its passage with a second from Mr. Arsenault that the Town Board authorizes the Town

Supervisor to sign the land use agreement to allow Galusha & Sons to use the Town property

located on Goodman Road as a staging area for lumbering operations on an adjoining lot once

the correct dates are determined. With 5 members voting in favor, the resolution is declared

carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed)

Resolution #32 - January 19, 2010 - Supv. Goodspeed presented the following resolution and


Supervisor to sign the housing agreement between the Town of Johnsburg and the Johnsburg

Emergency Squad when it is produced by the Town Attorney. With 5 members voting in favor,


Goodspeed) Nays - 0

Resolution #33 - January 19, 2010 - Supv. Goodspeed presented the following resolution and

moved its passage with a second from Mr. Arsenault that the Town Board authorizes and

acknowledges the appointment of Accounts Clerk Candace Lomax as the Town of Johnsburg

Petty Cash Officer for the year of 2010. With 5 members voting in favor the resolution is


Resolution #34 - January 19, 2010 - Mr. Vanselow presented the following resolution, and

moved its passage with a second from Mr. Morehouse that the Town Board increase the

previously award to the Hudson River White Water Derby in the amount of $900.00 for the

purpose of advertising the Annual Hudson River White Water Derby by $300.00 to a total of

$1200.00 in order to correct the misunderstanding by that committee on how to correctly apply

for the Occupancy Tax funding. With 5 members voting in favor, the resolution is declared




moved its passage with a second from Mr. Morehouse to authorize the Town Supervisor to

execute the annual service contract for the H.V.A.C. system at the Tannery Pond Community

Center with Thermal Associates at a cost of $3400.00 for 2010 and additionally, the service

contract for the Library/Town Hall in the amount of $300.00 for 2010. With 5 members voting


Goodspeed) Nays – 0


moved its passage with a second from Mr. Arsenault, to approve of the Agreements to Spend

Highway Funds (284) submitted by Highway Superintendent Daniel Hitchcock for the purpose

of replacing road signage on Town roads and a second (284) Agreement regarding work on

Barney Hill Road, Stewart Road and culvert replacement in general. With 5 members voting in


Goodspeed) Nays - 0


moved its passage with a second from Mr. Arsenault to allow the North Country Hardship

Fund, Inc. the use of the Ski Bowl Park in the area of the pavilion on August 6th through 8th,

for the purpose of conducting their Waynestock fundraiser event and allowing associated

cleanup to occur at that time; and further, and on August 7, 2010, to extend the park curfew

through the hour of midnight for the event. With 5 members voting in favor, the resolution is


Resolution #38 - January 19, 2010 - Mr. Stevens presented the following resolution and

moved its passage with a second from Mr. Arsenault that the Town Board of the Town of

Johnsburg approves the appointment of Mr. Steve Tomb to the Town of Johnsburg Library

Board of Trustees as requested by that Board for a term to expire on December 31, 2012; and

further, that the Town Board acknowledges that the officers of the Town of Johnsburg Library

Board of Trustees shall be as follows: President-Jeff Fosdick, Vice President-Brendan Hanley,

Secretary-Denise Conti and Treasurer-Kate Nightingale. With 5 members voting in favor, the


Nays - 0


moved its passage with a second from Mr. Stevens that the following certified bills which have

been reviewed by the board members be paid: General Fund- Warrant #2G/Claims #10-45;

Highway Fund- Warrant #2H/Claims #7-23; North Creek Water Dist.- Warrant #2W/Claims#2-

7; Johnsburg Fire Protection District- Warrant #1JFPD/Claim #1; Library Fund-Warrant

#1L/Claims#1-7. With 5 members voting in favor the resolution is declared carried. Ayes-5



Resolution #40 - February 2, 2010 - Mr. Arsenault presented the following resolution and

moved its passage with a second from Mr. Morehouse to adopt the Workplace Violence

Program: Whereas, New York State Labor Law Section 27(b), as amended by the 2006 New

York State Legislature, now requires that public employers are to evaluate the safety of their

workplace and implement workplace safety training for all employees, now, therefore, be it

Resolved, that the Town Board of the Town of Johnsburg (hereinafter “Town”) hereby

approves and authorizes the implementation of the Workplace Violence Prevention Program for

the Town, annexed to this resolution (pages 2a through 2g following) and presented at this

meeting, with a review of said program to be made on an annual basis by the Town Board, and

be it further Resolved, that said Program shall take effect immediately and will be available for

review by any Town employee at each Department and the Town Hall. With 5 members voting


Goodspeed) Nays - 0

Resolution #41 - February 2, 2010 - Mr. Stevens presented the following resolution and

moved its passage with a second from Mr. Arsenault to authorize the Town Supervisor to sign

the notification to National Grid that the Town Board has no objection to the use of the National

Grid power line property by the Thurman Connection Snowmobile Club and further, to

authorize the Supervisor to write a letter in support of the snowmobile club use of the power

line. With 5 members voting in favor the resolution is declared carried. Ayes-5 (Arsenault,




write a letter to the granting agency explaining the nature of the relationship between the Town

of Johnsburg and the Johnsburg Emergency Squad. With 5 members voting in favor the


Nays - 0

Resolution #43 - February 2, 2010 - Mr. Vanselow presented the following resolution and

moved its passage with a second from Mr. Stevens to appoint Ms. Janet M. Ramos to the

Zoning Board of Appeals for a term to expire on through December 31, 2014. With 5 members

voting in favor the resolution is declared carried. Ayes-5 (Arsenault, Morehouse, Stevens,

Vanselow, Goodspeed) Nays - 0

Resolution #44 - February 2, 2010 - Mr. Morehouse presented the following resolution and


Johnsburg agrees to extend the branding project, the website update and the annual directory

projects for filing through February 28, 2010. With 3 members voting in favor the resolution is

declared carried. Ayes-3 (Arsenault, Morehouse, Goodspeed) Nays – 2 (Stevens, Vanselow)



moved its passage with a second from Mr. Morehouse - Budget Amendments February 2, 2010;

Transfer between Accounts: From Contingent A1990.4 to Muni dues A1920.4 $49.00; Increase

Appropriated fund Balance (A599) $32041.06; Increase Appropriations (A960) $32041.06;

Engineering Deposits: Frontstreet Mt. develop $993.13 A8020.41; Tall Timbers 1943.31

A8020.41; to re appropriate engineering fees held in escrow for FSMD and TT; Occupancy Tax

A6410.4 29104.62 to re appropriate unexpended occupancy tax; Increase estimated revenue

A510; Increase Appropriations A960; The Ledges A2115.5 1500 A8020.44 to establish a

planning & development escrow account for Greg Taylor project – the Ledges - With 5

members voting in favor the resolution is declared carried. Ayes-5 (Arsenault, Morehouse,

Stevens, Vanselow, Goodspeed) Nays - 0


moved its passage with a second from Mr. Arsenault that the Town Board acknowledges and

supports the raffle to be conducted by the Friends of the Town of Johnsburg Parks with a target

of $4000.00 in ticket sales, with $1750.00 paid out in prizes, for a net of $2250.00, for the

purpose of paying the cost of renting the larger equipment necessary to complete the pipeline to

supply water to the swimming area at the Ski Bowl Park, and further, subject to the agreement

of the Town Attorney. With 5 members voting in favor the resolution is declared carried.

Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays - 0


moved its passage with a second from Mr. Stevens to raise the cost of fifty five gallon drums,

delivered to the Transfer Station by the Johnsburg Central School, to $5.00 each from $3.00

each to put the cost of the fifty five gallon drums in line with the new cost of the thirty three

gallon trash bags, and further, this change is subject to the Town working out budget cycle

issues with the Johnsburg Central School. With 5 members voting in favor the resolution is


Resolution #48 - February 2, 2010 - Supv. Goodspeed presented the following resolution and

moved its passage with a second from Mr. Arsenault to require the building use fee and waiving

the ten percent of the gate fee for the use of the Tannery Pond Community Center for a Cheerful

Crickets Preschool fundraiser on February 16, 2010. With 3 members voting in favor the

resolution is declared carried. Ayes-3 (Arsenault, Morehouse, Goodspeed) Nays - 2 (Stevens,

Vanselow)


moved its adoption with a second from Mr. Vanselow to direct and authorize the Highway

Superintendent to post Town Highways according to Subdivision II of Section 1660 of Vehicle

and Traffic Law that all Town Roads will be temporarily closed upon posting to all vehicles


having a gross weight of over four (4) tons. Further notice is hereby given that any person or

persons violating this order shall be subject to punishment as provided in Section 1800 of the

Vehicle and Traffic Law; and further that the Town Clerk is authorized to notice said posting in

the North Creek News-Enterprise for two (2) weeks. With 5 members voting in favor the


Nays - 0




Highway Fund- Warrant #3H/Claims #24-29; North Creek Water Dist.- Warrant

#3W/Claims#8-11. With 5 members voting in favor the resolution is declared carried. Ayes-5



moved its passage with a second from Mr. Morehouse to reappoint Mr. William Mosher as

Animal Control Officer for 2010 with the following contingencies: a sixty day review; written

monthly reports to the Town Board including specific calls received and the responses

including actions taken; and that all written, verbal, and telephone requests will be answered

within twenty four hours; and that these contingencies are in addition to all required procedures

currently required by New York State law and by contract. With 3 members voting in favor

the resolution is declared carried. Ayes-3 (Arsenault, Morehouse, Stevens) Nays - 2

(Goodspeed, Vanselow)

Resolution #52 - February 16, 2010 - Mr. Morehouse presented the following resolution, and

moved its passage with a second from Mr. Arsenault, to accept the minutes of the January 19,

2010 regular Town Board meeting as written. With 5 members voting in favor, the resolution is


Resolution #53 - February 16, 2010 - Mr. Morehouse presented the following resolution, and

moved its passage with a second from Mr. Stevens, to accept the minutes of the February 2,



Resolution #54 - February 16, 2010 - Mr. Arsenault presented the following resolution, and

moved its passage with a second from Mr. Stevens, to authorize Highway Superintendent

Daniel Hitchcock to remove the current dugouts and concession stands at the baseball fields in

North Creek and Sodom and to generally support the replacement of the current buildings with

materials donated by Okemo Log Homes and construction of replacement dugouts and

concession stands by Reidinger & Sons. With 5 members voting in favor, the resolution is



Resolution #55 - February 16, 2010 - Mr. Stevens presented the following resolution, and

moved its passage with a second from Mr. Arsenault: Whereas, the economic impact of North

Country transportation improvement is a key component of the North Country Transportation

Study, and Whereas, the economic development impact analysis has measure the value to the

regional economy of efficiency gains through user benefits such as reduction in travel time,

reductions in operating costs, and reductions in accidents due to improved safety, and Whereas,

the gains through increased social and economic development opportunities due to improved

transportation access will reduce unemployment rates, reduce government transfers payments

such as social welfare and unemployment insurance, and increase employment in the region,

and Whereas, the transportation improvements can enhance access to labor, customer, tourism

and supplier markets, as well as to intermodal transportation facilities, making the overall

region more attractive to transportation-dependent industries, and Whereas, the construction of

a four lane highway within the boundaries of St. Lawrence, Franklin, Lewis, Jefferson and

Clinton counties will begin to address the transportation improvement necessary to foster such

economic growth, and Whereas, our elected New York and Congressional representatives can

be assured that the Johnsburg Town Board adamantly supports such four lane highway

construction, Now, Therefore, Be it Resolved, that the Johnsburg Town Board urges acting

New York State Commissioner of Transportation, Mr. Stanley Gee, to cooperate with local

transportation task force groups to push for the construction of a four lane highway within the

boundaries of St. Lawrence, Franklin, Lewis, Jefferson and Clinton counties, and Be It Further

Resolved, that a copy of this resolution be forwarded to the Northern Corridor Transportation

Group. With 3 members voting in favor, the resolution is declared carried. Ayes-3 (Arsenault,

Stevens, Goodspeed) Nays – 2 (Morehouse, Vanselow)


moved its passage with a second from Mr. Vanselow that the Town Board authorizes the

appointment of the following individuals to represent the Town in working on an update to the

First Wilderness Heritage Corridor Action Plan with the Warren County Planning Department:

Michelle SanAntonio, Helen Miner, David Bulmer and JoAnne (Smith) Rugge. With 4

members voting in favor, the resolution is declared carried. Ayes-4 (Arsenault, Stevens,

Vanselow, Goodspeed) Nays – 0 Abstention – 1 (Morehouse)

Resolution #57 - February 16, 2010 - Mr. Morehouse presented the following resolution and

moved its passage with a second from Mr. Arsenault that the Town Board authorizes enrollment

in the NYS Department of Motor Vehicles License Event Notification Service (LENS) program

as there is no charge to government agencies and municipalities. With 5 members voting in


Goodspeed) Nays - 0


Resolution #58 - February 16, 2010 - Mr. Vanselow presented the following resolution, and

moved its passage with a second from Mr. Arsenault, that the Town Board of the Town of

Johnsburg acknowledges and authorizes that the only authorized signer on the three following

accounts for which the Town Clerk is responsible, be the Town Clerk, William E. Rawson: Tax

Collection account, Town Clerk Trust and Agency account and the D.E.C. license account;

these accounts are at the Community Bank, N.A., North Creek, NY. With 5 members voting in


Goodspeed) Nays - 0


moved its passage with a second from Mr. Arsenault that the following certified bills which

have been reviewed by the board members be paid: General Fund- Warrant #4G/Claims #71-

93; Highway Fund- Warrant #4H/Claims #30-42; North Creek Water Dist.- Warrant

#4W/Claims#12-14; Johnsburg Fire Protection District- Warrant #2JFPD/Claims #2-3; Library

Fund-Warrant #2L/Claims#8-12, and further, the Town Board acknowledges that on Warrant

#2JFPD that claims number 2 and 3 replace claim number 1 (JFPD #1 by Resolution 39 of

2010) where the Johnsburg Vol. Fire Company had previously paid the Workman’s

Compensation and therefore is being reimbursed and the balance of the bill is being paid to

Warren County Self Insurance. With 5 members voting in favor the resolution is declared


Resolution #60 - March 2, 2010 - Mr. Stevens presented the following resolution, and moved

its passage with a second from Mr. Arsenault, to accept the minutes of the February 16, 2010

regular Town Board meeting as written. With 4 members voting in favor, the resolution is

declared carried. Ayes-4 (Arsenault, Stevens, Vanselow, Goodspeed) Nays - 0

Resolution #61 - March 2, 2010 - Mr. Vanselow presented the following resolution and moved

its passage with a second from Mr. Arsenault to authorize the creation of a Wastewater

Committee with the following members: Michael Bowers, Mike Pratt, Joel Beaudin and Ronald

Vanselow, and that further the Town Board authorizes the Wastewater Committee to seek out

and apply for funding opportunities and to hold public meetings to discuss the progress of the

project. With 5 members voting in favor the resolution is declared carried. Ayes-5 (Arsenault,


Resolution #62 - March 2, 2010 - Mr. Stevens presented the following resolution and moved

its passage with a second from Mr. Arsenault to not apply any grant funds to the water pipeline

project in the Ski Bowl Park and further, that the funds already expended be reallocated to

expense lines not associated with the Ski Bowl Park grant; and also that the Town Board

recognizes that proceeds from the raffle operated by the Friends of the Town of Johnsburg

Parks will be applied to future costs. With 5 members voting in favor the resolution is declared



Resolution #63 - March 2, 2010 - Mr. Arsenault presented the following resolution, and

moved its passage with a second from Mr. Morehouse, that the standard work day be six (6)

hours per day for the Supervisor, Councilman, Town Justice and North Creek Water District

Clerk; that the standard work day for the Town Clerk be seven (7) hours per day; and that the

that the standard work day for the Superintendent of Highways be eight (8) hours per day; and

further, that this is a reaffirmation of Resolution 121 of 2009. With 5 members voting in favor,


Goodspeed) Nays - 0


moved its passage with a second from Mr. Morehouse, that Councilman be credited with 10.83

days per month; that the North Creek Water District Clerk be credited with 6 days per month;

and that the Supervisor, Town Clerk and Superintendent of Highways be reported at full time;

and further, that this is a reaffirmation of Resolution 122 of 2009. With 5 members voting in


Goodspeed) Nays - 0

Resolution #65 - March 2, 2010 - Mr. Morehouse presented the following resolution and

moved its passage with a second from Mr. Arsenault that the Town Board does authorize

Zoning Enforcement Officer, Christopher May to attend an onsite wastewater design training

session in Lake George, NY on Thursday, March 25, 2010 from 8:00am to 5:00pm at a cost of

$40.00 registration, including breakfast and lunch, plus mileage. With 5 members voting in


Goodspeed) Nays - 0


its passage with a second from Mr. Arsenault that the Town Board does authorize the Town

Clerk and Deputy Town Clerk to attend the educational N.Y.S. Town Clerk Convention April

25th thru 28th at Saratoga Springs at an anticipated cost to the Town of approximately $270.00

and not to exceed $300.00. With 5 members voting in favor the resolution is declared carried.

Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays – 0


its passage with a second from Mr. Arsenault that the following certified bills which have been

reviewed by the board members be paid: General Fund- Warrant #5G/Claims #94-114;


#5W/Claims#15-17; and further, the Town Board acknowledges that on Warrant #4H that claim

number 42 was incorrectly typed for the amount tendered and not the amount paid; in order to

correct this claim number 42 on Warrant number 4H will be adjusted to pay $82.39 instead of


$100.04 and the warrant is to be corrected. With 5 members voting in favor the resolution is


Resolution #68 - March 16, 2010 - Mr. Vanselow presented the following resolution, and

moved its passage with a second from Mr. Arsenault, to accept the minutes of the March 2,


declared carried. Ayes-4 (Arsenault, Stevens, Vanselow, Goodspeed) Nays - 0


its passage with a second from Mr. Arsenault to authorize the Town Clerk to issue the Gore Mt.

Region Chamber of Commerce a blanket vending permit for April 30 through May 2 for the

Adirondack Adventure Weekend and further, that the North Creek Farmers Market on the

Hudson be exempt from the fee for said vending permit. With 4 members voting in favor, the

resolution is declared carried. Ayes-4 (Arsenault, Stevens, Vanselow, Goodspeed) Nays - 0


moved its passage with a second from Mr. Stevens to authorize the Town Supervisor to execute

upon the approval of the Town Attorney, an agreement to be drafted by Front Street Mountain

Development Corporation attorney Daniel Smith, between Front Street Mountain Development

Corporation and the Town of Johnsburg to transfer the Front Street Mountain Development

easement from inside the Ski Bowl Park to outside the park area at the Front Street Mountain

Development road site in return for the Town of Johnsburg receiving the Front Street easement

inside the park area. With 4 members voting in favor, the resolution is declared carried. Ayes-

4 (Arsenault, Stevens, Vanselow, Goodspeed) Nays - 0


its passage with a second from Mr. Arsenault: That two public hearings will be held by the

Warren County Planning Department at the Wevertown Community Center, Wevertown, NY

on the 1st day of April, 2010, at 6:00 PM and at the Town Hall, Library, North Creek, NY on

the 20th day of April, 2010, at 6:30 PM, to: 1) solicit public comment regarding the use of

CDBG Small Cities funds for community development. CDBG funds of Six Hundred

Thousand ($600,000) have been requested by Warren County for eligible activities; and, 2) The

purpose of the hearing is to enhance public accountability by: a) furnishing citizens information

concerning the eligible community development and housing activities; and, b) obtaining views

of citizens concerning the activities of the proposed amendment. The procedure to be followed

will be to: a) explain Federal and State Regulations; b) review eligible and proposed program

activities; and, 3) review citizen comment and recommendations. The hearing will also include

an overview of the local policy to minimize displacement of persons from their homes and

neighborhoods as a result of proposed grant activities and the Community Development Plan

covering the period of the proposed funding. Both of these are required of all Community

Development Block Grant Applications. Citizens are urged to attend and participate in the


hearing. With 4 members voting in favor the resolution is declared carried. Ayes-4 (Arsenault,



its passage with a second from Mr. Arsenault that the Town Board accepts and authorizes the

use conveyance of one of the Widlund’s free event dated at the Tannery Pond Community

Center to the Millennium Chorus for that organization’s free concert. With 4 members voting

in favor the resolution is declared carried. Ayes-4 (Arsenault, Stevens, Vanselow, Goodspeed)

Nays - 0


its passage with a second from Mr. Arsenault: PROCLAMATION - WHEREAS, adults who

provide alcohol to those below the legal drinking age of 21 are placing those youth at risk for

health, safety and legal problems, and WHEREAS, alcohol kills 6.5 times more young people

than ALL other illicit drugs combined, and usage among teens often accompanies traffic

fatalities and other high risk behaviors such as unsafe sexual activity, tobacco an other drug use,

and contributes to illegal activity such as vandalism and theft, and WHEREAS, it is illegal to

give or allow teens other than your own, to drink alcohol in your home, even with their parent’s

permission, and WHEREAS, anyone found guilty of providing alcohol to youth can face up to a

$1,000 fine and six months in jail, in addition to any civil action that can be brought as a result

of damages or injury related to the offense, and WHEREAS, any citizens who are aware of

underage drinking at teen house parties are responsible to report such activity to their local law

enforcement agency by calling their local law enforcement agency, WHEREAS, adults have the

authority and responsibility to our youth to provide them with alternative opportunities by

creating alcohol free activities, and WHEREAS, New York Parents For Drug Free Youth,

through the Parents Who Host, Lose The Most Campaign provides the education materials to

raise community awareness regarding this illegal and unhealthy practice, and WHEREAS,

parents and the community must take responsibility to give teens the clear message that there is

no safe way to drink alcohol, and WHEREAS, Johnsburg encourages residents to refuse to

provide alcoholic beverages to underage youth and to take the necessary steps to discourage the

illegal and unhealthy practice, including the reporting of underage drinking by calling your

local police, and NOW, THEREFORE, be it resolved that Johnsburg not only discourages the

use of alcohol by those below the legal age of consumption but also exhorts all residents of

Johnsburg to refuse to provide alcoholic beverage to those underage youth, and will continue to

take the necessary steps to discourage this illegal and unhealthy activity. NOW, THEREFORE,

I, Sterling Goodspeed, Supervisor of Johnsburg, State of New York do hereby proclaim, the

month of April 2010 to be: Parents Who Host, Lose the Most Month 2010. With 3 members

voting in favor the resolution is declared carried. Ayes-4 (Arsenault, Stevens, Goodspeed)

Nays – 1 (Vanselow)



its passage with a second from Mr. Vanselow that the Town Board authorized the re-allocation

of the North Creek Railway Depot Preservation Association (NCRDPA) Occupancy Tax award

of $1,000.00 for a tenth anniversary event (Resolution Number 236-2009) to the grand opening

of the newly designed Ski Room Exhibit planned for July 9, 2010. With 4 members voting in

favor the resolution is declared carried. Ayes-4 (Arsenault, Stevens, Vanselow, Goodspeed)

Nays - 0


its passage with a second from Mr. Arsenault to authorize Highway Supt. Daniel Hitchcock to

further investigate and purchase a used screening plant for the Highway Department at a cost of

$62,000.00. With 4 members voting in favor the resolution is declared carried. Ayes-4

(Arsenault, Stevens, Vanselow, Goodspeed) Nays - 0


moved its passage with a second from Mr. Stevens to authorize the payment of the following

bills prior to the April 20, 2010 scheduled Town Board meeting as there is no scheduled Town

Board meeting for the first Tuesday in April: Robert Lavergne, Jr. (garbage collection), M.V.P.

Health Care, Inc. (health insurance), Blue Shield Of Northeastern N.Y. (health insurance),

Empire Health Choice H.M.O., Inc. (health insurance), North Country Storage, L.L.C. (storage)

With 4 members voting in favor the resolution is declared carried. Ayes-4 (Arsenault, Stevens,


Resolution #77 - March 16, 2010 - Mr. Vanselow presented the following resolution and

moved its passage with a second from Mr. Arsenault to allow Town Historian Jo Ann Smith

and also Buildings and Parks Supt. Matt Olden, if he would find the workshop useful, to attend

the workshop on Monument Restoration led by Jonathan Appell, a professional conservator,

and organized by the Town of Thurman to be held on June 5, 2010 at a cost of $30.00 per

person and mileage. With 4 members voting in favor the resolution is declared carried. Ayes-4


Resolution #78 - March 16, 2010 - Mr. Arsenault presented the following resolution and




#6W/Claims#18-23; Capital Projects Fund- Warrant #1CPF/Claim #1; Library Fund-Warrant



Resolution #79 - April 20, 2010 - Mr. Morehouse presented the following resolution, and

moved its passage with a second from Mr. Stevens, to accept the minutes of the March 16, 2010


regular Town Board meeting as written. With 5 members voting in favor the resolution is


Resolution #80 - April 20, 2010 - Mr. Vanselow presented the following resolution, and

moved its passage with a second from Mr. Arsenault, to authorize Supv. Goodspeed to send a

letter to Governor Patterson urging that the CHIPS funds be included in emergency funding

bills to allow CHIPS funds reimbursements to be released to local municipalities. With 5



Resolution #81 - April 20, 2010 - Mr. Stevens presented the following resolution and moved

its passage with a second from Mr. Arsenault to authorize the extension of the current garbage

collection contract which is scheduled to expire on May 13, 2010, through June 1, 2010 for the

purpose of examining the bid packet for necessary changes. With 5 members voting in favor


Goodspeed) Nays - 0.


its passage with a second from Mr. Vanselow to allow camping at the Ski Bowl Park on

Saturday night only; with the planning groups (White Water Derby/Chamber of Commerce and

Mr. Mark Schmale) meeting to create a composite set of camping guidelines and to set a fee for

camping and to report their decisions to the Town Supervisor as soon as possible. With 5




its passage with a second from Mr. Arsenault that the Town Board prohibits alcoholic

beverages in Ski Bowl Park for the White Water Derby/Adirondack Adventure Weekend (April

30-May 2) for the purpose of assisting in crowd control for the weekend. With 5 members



Resolution #84 - April 20, 2010 - Mr. Arsenault presented the following resolution and moved

its passage with a second from Mr. Morehouse to authorize the extension of the end date of the

Occupancy Tax funds contract between the Gore Mt. Region/Town of Johnsburg Chamber of

Commerce and the Town of Johnsburg regarding the production of the area directory be

extended for thirty days from today, April 20, 2010. With 4 members voting in favor, the

resolution is declared carried. Ayes-4 (Arsenault, Stevens, Goodspeed) Nays – 1 (Vanselow).


its passage with a second from Mr. Stevens to hold open the position of Mr. William Mosher


for ninety (90) days, with a review at that time, and to terminate his insurance as of May 1, with

an offer of COBRA, which historically has been done. With 5 members voting in favor the


Nays - 0


its passage with a second from Mr. Morehouse to authorize the Town Supervisor to execute a

Work Experience Program (W.E.P.) contract with the Warren County Department of Social

Services to allow the Town to acquire additional help for the Parks Department for cemetery

mowing or other similar activities. With 5 members voting in favor the resolution is declared


Resolution #87 - April 20, 2010 - Mr. Morehouse presented the following resolution and

moved its passage with a second from Mr. Arsenault to authorize the purchase of a refrigerator,

to replace the failed one at Tannery Pond Community Center, from either Sears or K-Mart

depending upon availability at a cost of $548.99. With 5 members voting in favor the


Nays – 0


its passage with a second from Mr. Morehouse to allow Mr. James J. Lomax to place a

geocache in Ski Bowl Park with the understanding that the placing of the item will cause no

sizable disturbance in the park. With 5 members voting in favor the resolution is declared



its passage with a second from Mr. Arsenault to authorize Highway Superintendent Daniel

Hitchcock to attend the 2010 Highway School at Ithaca College June 7 through 9, 2010, with

the costs expected to be as follows: registration of $90.00, lodging approximately $387.00 and

the mileage reimbursement for the trip at $.45 per mile. With 5 members voting in favor the


Nays – 0

Resolution #90 - April 20, 2010 - Supv. Goodspeed presented the following resolution and

moved its passage with a second from Mr. Arsenault to authorize the Town Clerk to issue the

White Water Derby, Inc a blanket vending permit for their sponsored event the Adirondack

Adventure Festival to be held April 30 through May 2, 2010 and further, that the White Water

Derby, Inc be exempt from the fee for said vending permit. With 5 members voting in favor the


Nays –0



moved its passage with a second from Mr. Morehouse to authorize the Town Clerk to issue the

North Creek Farmers Market Association, Inc. a blanket vending permit for their sponsored

events during the 2010 year and further, that the North Creek Farmers Market Association, Inc.

be exempt from the fee for said vending permit. With 5 members voting in favor the resolution

is declared carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays –0



Johnsburg authorizes the Town Supervisor and/or Town Clerk to sign all necessary documents

to initiate a request for a reduction of the speed limit on South Johnsburg Road in the area of

Hudson Street due to the danger to children playing near the road presented by vehicles

traveling at the current speed limit. With 5 members voting in favor the resolution is declared

carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays –0


its passage with a second from Mr. Morehouse that the following certified bills which have





(Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays –0

Resolution #94 - May 4, 2010 - Mr. Arsenault presented the following resolution and moved

its passage with a second from Mr. Stevens to authorize the Town Clerk to advertise for one

week on in the North Creek News Enterprise for the collection of garbage with the contract to

run from June 2, 2010 through June 1, 2011, with the bids to be opened at 7:00pm at a regular

meeting of the Town Board to be held at the Wevertown Community Center, Wevertown, NY

on Tuesday, June 1, 2010; and further, that the language requiring the collection be done with a

compactor truck be omitted from the bid specifications. With 5 members voting in favor the


Nays- 0


its passage with a second from Mr. Morehouse to retroactively authorize the Town Supervisor

to execute the application for the CDBG Small Cities funds grant to provide funding, with a

maximum of $400,000.00 for a new building to house the Johnsburg EMS. With 5 members




Resolution #96 - May 4, 2010 - Mr. Stevens presented the following resolution and moved its

passage with a second from Mr. Morehouse to authorize Highway Superintendent Daniel

Hitchcock to purchase the following requested equipment for the Highway Department by using

funds from a surplus in the 2009 Highway operations budget line: a plazma cutter

(approximately $1839.00), a stainless steel sander (approximately $13,620.00-$16,000.00) and

a pickup truck (approximately $20,000.00) for an approximate total of $37,850.00. With 5



Resolution #97 - May 4, 2010 - Mr. Arsenault presented the following resolution, and moved

its passage with a second from Mr. Morehouse, that the Town of Johnsburg will increase the

beautification contract from eight hundred dollars to twelve hundred dollars to be drawn from

the current Occupancy Funds budget line and the flowers are to be displayed in hanging baskets

in front of Main Street businesses which agree to accept responsibility for their care. With 4

members voting in favor, the resolution is declared carried. Ayes-4 (Arsenault, Morehouse,

Vanselow, Goodspeed) Nays – 1 (Stevens)


its passage with a second from Mr. Vanselow to reappoint Mr. Timothy Record to the Town of

Johnsburg Planning Board, as a full-time member, for a term to expire February 1, 2017. With

5 members voting in favor the resolution is declared carried. Ayes-5 (Arsenault, Morehouse,


Resolution #99 - May 4, 2010 - Mr. Stevens presented the following resolution and moved its

passage with a second from Mr. Arsenault that the following certified bills which have been



#8W/Claims#31-33. With 5 members voting in favor the resolution is declared carried. Ayes-5


Resolution #100 - May 18, 2010 – Mr. Arsenault presented the following resolution, and

moved its passage with a second from Mr. Morehouse, to accept the minutes of the April 20,

2010 regular Town Board meeting as written. With 4 members voting in favor the resolution is

declared carried. Ayes-4 (Arsenault, Morehouse, Vanselow, Goodspeed) Nays - 0

Resolution #101 - May 18, 2010 - Mr. Morehouse presented the following resolution, and

moved its passage with a second from Mr. Arsenault, to accept the minutes of the May 4, 2010


declared carried. Ayes-4 (Arsenault, Morehouse, Vanselow, Goodspeed) Nays - 0


Resolution #102 - May 18, 2010 - Mr. Arsenault presented the following resolution, and

moved its passage with a second from Mr. Morehouse, to authorize the Town Clerk to advertise

for one week in the North Creek News Enterprise that the Town Board will conduct an

information/discussion/input session to be held on June 15, at the Town Hall (Library) at 7:00

pm at the start of the regular Town Board meeting to discuss possible solutions to the loss of the

bridge crossing Johnson Brook on Harrington Road. With 4 members voting in favor the

resolution is declared carried. Ayes-4 (Arsenault, Morehouse, Vanselow, Goodspeed) Nays - 0

Resolution #103 - May 18, 2010 - Supv. Goodspeed presented the following resolution and

moved its passage with a second from Mr. Arsenault to retroactively authorize the polled

response of the Town Board to remove the performance bond or lett4er of credit requirement in

the bid specifications for the garbage collection bid. With 3 members voting in favor the

resolution is declared carried. Ayes-3 (Arsenault, Morehouse, Goodspeed) Nays – 1

(Vanselow).


its passage with a second from Mr. Vanselow to reappoint Mr. Vincent Schiavone to the Town

of Johnsburg Youth Committee, for a term to expire May 10, 2015. With 4 members voting in

favor the resolution is declared carried. Ayes-4 (Arsenault, Morehouse, Vanselow, Goodspeed)

Nays - 0


its passage with a second from Mr. Morehouse to grant conceptual approval to extend the

duration of the Summer Youth Program by one hour on Tuesdays, Wednesdays and Thursdays

to allow for the inclusion of additional swimming instruction, and further, to authorize the

advertisement of the position of swimming instructor for the Summer Youth Program. With 4


Vanselow, Goodspeed) Nays – 0


moved its passage with a second from Mr. Arsenault to allow the construction of a compost pile

by the master gardener group working in the butterfly/memorial garden in the Ski Bowl Park,

under the coordination of Mrs. Judy Brown; said compost pile to be situated across Dump Road

from the butterfly/memorial garden in Ski Bowl Park. With 4 members voting in favor the

resolution is declared carried. Ayes-4 (Arsenault, Morehouse, Vanselow, Goodspeed) Nays - 0


moved its passage with a second from Mr. Vanselow to allow camping near the swimming area

by a small group from the Johnsburg Central School Class of 1970 on the weekend of July 31

through August 1, and further, that the regulations covering the activity would be the same as

those in force for the camping allowed during the 2010 White Water Derby. With 4 members


voting in favor the resolution is declared carried. Ayes-4 (Arsenault, Morehouse, Vanselow,

Goodspeed) Nays - 0

Resolution #108 - May 18, 2010 - Mr. Vanselow presented the following resolution and moved






(Arsenault, Morehouse, Vanselow, Goodspeed) Nays –0

Resolution #109 - June 1, 2010 - Mr. Arsenault presented the following resolution, and moved

its passage with a second from Mr. Morehouse, to accept the minutes of the May 18, 2010



Resolution #110 - June 1, 2010 - Mr. Vanselow presented the following resolution and moved

its passage with a second from Mr. Arsenault to authorize the extension of the current garbage

collection contract due to expire on June 1, 2010 through July 31, 2010 to allow the Town

Board time to study the bids and the options available to residents if the Town Board decides

not to continue the municipal garbage collection. With 5 members voting in favor the


Nays - 0

Resolution #111 - June 1, 2010 - Mr. Arsenault presented the following resolution and moved

its passage with a second from Mr. Morehouse to the plan for the Ski Bowl Park, entitled

Vision 2020, as the conceptual plan for that park. With 4 members voting in favor the

resolution is declared carried. Ayes-4 (Arsenault, Morehouse, Stevens, Goodspeed) Nays – 1

(Vanselow)

Resolution #112 - June 1, 2010 - Mr. Stevens presented the following resolution and moved its

passage with a second from Mr. Arsenault to authorize the Town Clerk to advertise for one

week on in the North Creek News Enterprise that the Town Board will conduct a Public

Hearing on proposed amendments to the North Creek Water District regulations resulting from

the elimination of references to obsolete positions and systems and the clearing up of some

technical language and clarifying the rate schedule; said Public Hearing to be held on June 15,

at the Town Hall (Library), North Creek, NY, at 6:30 pm. With 5 members voting in favor the


Nays - 0



passage with a second from Mr. Arsenault to authorize the Town Attorney to move forward

with and present possible methods of dealing with the proposal from Neil Shaw in which he

requests to be allowed to purchase from the Town a small strip of property to the north and west

of the Town Hall parking lot which adjoins his property so as to make some improvements to

the property. With 5 members voting in favor the resolution is declared carried. Ayes-5



passage with a second from Mr. Morehouse that the following certified bills which have been



#10W/Claim#40. With 5 members voting in favor the resolution is declared carried. Ayes-5


Resolution #116 - June 15, 2010 - Supv. Goodspeed presented the following resolution and

moved its passage with a second from Mr. Vanselow to enact the proposed amendments as part

of North Creek Water District Regulations immediately, as of June 15, 2010 (The North Creek

Water District Regulations follow on pages 2a through 2e.). With 5 members voting in favor the


Nays - 0

Resolution #117 - June 15, 2010 - Mr. Morehouse presented the following resolution, and

moved its passage with a second from Mr. Stevens, to accept the minutes of the June 1, 2010



Resolution #118 - June 15, 2010 - Mr. Stevens presented the following resolution and moved

its passage with a second from Mr. Arsenault to allow the contract to be drawn for the following

Occupancy Tax Request with the Business Alliance in the amount of $1609.60 for the purpose

of supporting the advertising of the “Cruise Nights” event. With 5 members voting in favor, the


Nays – 0.


its passage with a second from Mr. Stevens to accept Occupancy Tax Fund requests for review

during the mid-year only if there are funds available and the application is from a first-time

applicant or is a first-time event. With 5 members voting in favor, the resolution is declared

carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays – 0


Resolution #120 - June 15, 2010 - Supv. Goodspeed presented the following resolution and


create the position of Water Safety Instructor contingent upon the position being funded from

sources outside the Town of Johnsburg budget and further, that the Town Supervisor is

authorized to create the position of Assistant Water Safety Instructor contingent upon the

position being funded from sources outside the Town of Johnsburg budget. With 5 members

voting in favor, the resolution is declared carried. Ayes-5 (Arsenault, Morehouse, Stevens,


Resolution #121 - June 15, 2010 - Mr. Arsenault presented the following resolution, and

moved its passage with a second from Mr. Stevens to authorize the hiring of the following

individuals for the listed positions and at the listed pay rates for the Johnsburg Youth Program:

Anna Goodman $9.00/hr. for Counselor, 61.00 a day Route Rate, 17.50 Trip Hr. Rate, 15.25

After 8 Hours – Hour Rate; Cherie Hayes $8.00/hr.; Noah Dingman $7.50/hr.; Keri Cleveland

$7.25/hr.; Martina Svrchek $7.50/hr.; Cali Powell $7.25/hr.; Samantha Cleveland $7.50/hr.;

Adrian Veldman $9.25/hr.; Ann Dingman $5938.56/yr.; Phil Goodman $3022.00/yr. With 5


Stevens, Vanselow, Goodspeed) Nays – 0

Resolution #122 - June 15, 2010 - Mr. Morehouse presented the following resolution and

moved its passage with a second from Mr. Stevens:

General Fund

Increase Estimated Revenues Increase Appropriations

A510 A960

Youth Programs A3820 $840.00 Youth

A7310.

4

LARAC grant for the Johnsburg Youth Program

Tall Timbers A2115.4 1500.00

A8020.4

3

Front Street Mt.

Develop A2115.2 6000.00

A8020.4

1

To record the receipt of Planning & Development fees.

Transfer between accounts

FROM: TO:

A1990.

4 Contingent 500.00

A1440.

4 Town Engineer

Highway Fund

DA599 DA960

Increase Appropriated Fund Balance Increase Appropriations

62000.0

0

62000.0

0

Machinery Equipment

DA5130.2


To increase the machinery equipment budget to purchase a

screening plant.

With 5 members voting in favor, the resolution is declared carried. Ayes-5 (Arsenault,

Morehouse, Stevens, Vanselow, Goodspeed) Nays – 0

Resolution #123 - June 15, 2010 - Mr. Stevens presented the following resolution, and moved

its passage with a second from Mr. Arsenault: Whereas, Governor Patterson has proposed the

New York State Department of Agriculture & Markets role in dog licensing be eliminated; and

Whereas, this change will abandon the single centralized data management and license renewal

system resulting in the costly development of over 900 different data management and license

renewal systems to be maintained and operated by each locality; and Whereas, this action will

require numerous mailing and wasteful license renewal notices to dog owners who have new

residences; and Whereas, the State will no longer purchase and stamp dog tags in bulk,

requiring each of the hundreds of localities to separately design, purchase and produce dog tags

in smaller quantities; and Whereas, this proposed system will result in higher local share costs

and greater bureaucratic burdens; therefore let it be Known, that the Town of Johnsburg Town

Board is opposed to Governor Patterson’s proposed changes in the elimination of the New York

State Department of Agriculture & Markets’ role in dog licensing requirements, and be it

further Moved, that the Clerk of the Town of Johnsburg is hereby directed to send certified

copies of this resolution to Governor David Patterson, Senate Majority Leader Pedro Espada,

Jr., Minority Leader Dean Skelos, Assembly Speaker Sheldon Silver, Senator Elizabeth

O’Conner Little, Assemblywoman Teresa Sayward. With 5 members voting in favor, the


Nays - 0

Resolution #124 - June 15, 2010 - Mr. Stevens presented the following resolution and moved

its passage with a second from Mr. Arsenault that the Town Board authorizes the Town Clerk to

advertise for one week in the North Creek News Enterprise for letters of interest in filling the

position of Zoning Enforcement Officer, with interviews to be scheduled at a future date. With




its passage with a second from Mr. Stevens to authorize the Town Clerk to advertise for one

week on in the North Creek News Enterprise for the purchase of one (1) Municipal Material

Spreader, with the bids to be opened at 7:00pm at a regular meeting of the Town Board to be

held at the Town Hall (Library), 219 Main Street, P.O. Box 7, North Creek, NY, on July 20,

2010. With 5 members voting in favor the resolution is declared carried. Ayes-5 (Arsenault,




its passage with a second from Mr. Stevens that the following certified bills which have been



#11W/Claims#41-45; Capital Projects Fund- Warrant #4CPF/Claims #4-6; Library Fund-

Warrant #6L/Claims#40-47. With 5 members voting in favor the resolution is declared carried.

Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays –0

Resolution #127 - July 6, 2010 - Mr. Morehouse presented the following resolution, and

moved its passage with a second from Mr. Stevens, to accept the minutes of the June 15, 2010



Resolution #128 - July 6, 2010 - Mr. Arsenault presented the following resolution, and moved

its passage with a second from Mr. Morehouse, to accept the minutes of the June 15, 2010

Public Hearing on the proposed amendments to the North Creek Water District Rules and

Regulations as written. With 5 members voting in favor the resolution is declared carried.


Resolution #129 - July 6, 2010 - Supv. Goodspeed presented the following resolution and

moved its passage with a second from Mr. Vanselow that the Town Board of the Town of

Johnsburg rejects all bids for the Garbage Collection Bid opened on June 1, 2010 and further,

by rejecting all bids for garbage collection that the Town Board concludes its operation of

municipally funded garbage collection by July 31, 2010; and further, that the Town Board will

seek to provide as much appropriate education as possible regarding the ending of this service.



Resolution #130 - July 6, 2010 - Mr. Vanselow presented the following resolution and moved

its passage with a second from Mr. Arsenault that the Town Board approved in general to move

forward with the process of the

Town of Johnsburg accepting title to the Kellogg (Waddell) property in the hamlet of North

Creek from the Open Space Institute. With 4 members voting in favor the resolution is declared

carried. Ayes-4 (Arsenault, Morehouse, Vanselow, Goodspeed) Nays – 1 (Stevens)

Resolution #131 - July 6, 2010 - Mr. Arsenault presented the following resolution and moved

its passage with a second from Mr. Stevens that the Town Board accepts the recommendations

of the Johnsburg Youth Committee and authorizes the hiring of Lindsay Yandon as Water

Safety Instructor; Susan Hayden as Recreational Specialist; Noah Dingman as Tennis

Instructor. With 5 members voting in favor the resolution is declared carried. Ayes-5



Resolution #133 - July 6, 2010 - Mr. Stevens presented the following resolution and moved its

passage with a second from Mr. Arsenault:




passage with a second from Mr. Arsenault that the Town Board authorize the removal of the

tree which hangs over the walkway at the new rear entry to the Town of Johnsburg Library at

the request of the Library Board of Trustees. With 5 members voting in favor the resolution is



its passage with a second from Mr. Morehouse that the Town Board authorize the Town

Highway crew to move the cobblestone and dig down about six inches to allow leveling for the

placement of an approximately five ton garnet rock in the Ski Bowl Park between the Ski Hut

(old pavilion) and the new pavilion; and further, that the Town Highway Department is

authorized to supply the cobblestone if any is available from the Highway sand sifting

operations. With 5 members voting in favor the resolution is declared carried. Ayes-5



its passage with a second from Mr. Stevens that the Town Board authorizes the hiring Mr. Steve


Barilli (Barilli Heating Service) to assist Parks and Buildings Supt. Matthew Olden in

dismantling the furnace in the Emergency Squad portion of the Sodom Community Building

(Scout Hall) to assess the damage. With 5 members voting in favor the resolution is declared



passage with a second from Mr. Morehouse:

6-15-2010 Status of Projects, Johnsburg Capital Projects

Fund

TOTAL Appropriations 594107

Anticipated Revenues 547253

Appropriated Fund

Balance 36218.22 =*

Unfunded

Amounts 12000

Capital Projects Fund

Balance 97478.23

Unallocated

Balance 49260.01

SkiBowl Park

Total

Appropriations 103075.6 * Total Revenues 103075.6

Admin. Fees 3886.66

SkiBowl Rec.

Grant 57910

Tennis Courts 3098.93 Inkind/Volunteer 17900

Adven.

Playground 51000 Appropr. Bal. 15265.59 *

Trails 5490

Skateboard

Equip. 22100 Unfunded Amount 12000

Dock 17500

Big Dig -1364.2 Unfunded Amount 1364.2

Butterfly Garden 529.24 *

Appropriated

Balance 529.24 *

Wevertown Community Center 6692 * Approp. Bal. 6692 *

Property

Revaluation 10222 * Approp. Bal. 10222 *

Landfill Closure 617 Approp. Bal. 617 *


Special Recreation

Fees 2892.39 * 2892.39 *

1st Wilderness Heritage

Implementation 471443 * FWH Grant 1 57469

1st Wilderness Heritage

Connection FWH Grant 2 413974

With 5 members voting in favor, the resolution is declared carried. Ayes-5 (Arsenault,


Resolution #137 - July 6, 2010 - Mr. Vanselow presented the following resolution and moved

its passage with a second from Mr. Arsenault that the Town Board accepts the resignation of

Mr. Christopher May from the position of Zoning Enforcement Officer. With 5 members




its passage with a second from Mr. Stevens that the Town Board will allow the Summer Youth

Program to paint box ball lines on the floor of the beach pavilion. With 5 members voting in




its passage with a second from Mr. Stevens that the Town Board of the Town of Johnsburg

authorizes the Town Supervisor and/or Town Clerk to sign all necessary documents to initiate a

request for a reduction of the speed limit on State Route 8 from the traffic light in the hamlet of

Wevertown west to the hamlet of Johnsburg as the current speed of traffic presents a danger to

children playing near the road. With 5 members voting in favor the resolution is declared

carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays –0


its passage with a second from Mr. Stevens that the following certified bills which have been



#12W/Claims #46-48; Capital Projects Fund- Warrant #5CPF/Claim #7. With 5 members



Resolution #141 - July 27, 2010 - Mr. Morehouse presented the following resolution, and

moved its passage with a second from Mr. Arsenault, to accept the minutes of the July 6, 2010


declared carried. Ayes-4 (Arsenault, Morehouse, Stevens, Goodspeed) Nays - 0



its passage with a second from Mr. Stevens, to accept the minutes of the July 20, 2010

Municipal Sander/Spreader Bid Opening as written. With 4 members voting in favor the

resolution is declared carried. Ayes-4 (Arsenault, Morehouse, Stevens, Goodspeed) Nays - 0


its passage with a second from Mr. Morehouse, to authorize the Town Supervisor to continue

efforts with Federal Emergency Management Agency (FEMA) and with Engineer Carl Schoder

regarding both the temporary and a permanent solution to the replacement of the bridge

crossing Johnson Brook on Harrington Road which was damaged in the March 2010 flooding

event. With 4 members voting in favor the resolution is declared carried. Ayes-4 (Arsenault,

Morehouse, Stevens, Goodspeed) Nays - 0

Resolution #144 - July 27, 2010 - Mr. Stevens presented the following resolution, and it was

moved with a second from Mr. Morehouse to authorize the Town Supervisor to hire Steve

Barilli to replace the furnace in the Johnsburg Emergency Squad portion of the Sodom

Community Building (Scout Hall) at an expected cost of approximately three thousand dollars

subject to the approval by the Town Attorney under the Town of Johnsburg purchasing policy.


Morehouse, Stevens, Goodspeed) Nays – 0


its passage with a second from Mr. Stevens: RESOLUTION AUTHORIZING EXECUTION

OF AN INTERMUNICIPAL AGREEMENT BETWEEN THE TOWN OF JOHNSBURG

AND WARREN COUNTY CONCERNING GRANT FUNDING FROM THE LOCAL

WATERFRONT REVITALIZATION PROGRAM, YEAR 2007-2008 - WHEREAS, the Town

of Johnsburg is committed to the development of the First Wilderness Corridor Program

promoting the Communities along the Rail Line and the Hudson River to further enhance

quality of life, recreation, economic development and environmental character, and

WHEREAS, the Town of Johnsburg and the Corridor communities along with the partnership

of Warren County have agreed to provide the matching funds for projects within the Town of

Johnsburg, a grant application to the New York State Department of State to fund a Local

Waterfront Revitalization Strategy Plan, and NOW THEREFORE BE IT RESOLVED, the

Town of Johnsburg Town Board hereby authorizes and directs the Supervisor, to execute an

Intermunicipal Agreement with Warren County to coordinate community involvement and to

allow Warren County to act on behalf of the Town of Johnsburg regarding said grant. With 4


Stevens, Goodspeed) Nays – 0



its passage with a second from Mr. Morehouse to approve the size, wording and colors of the

signs; and further, the use of the Town of Johnsburg logo; and further, that it is understood that

the funding for the purchase following signs is to be borne by the “Friends of the Town of

Johnsburg Parks” and that the signs are as follows:


Morehouse, Stevens, Goodspeed) Nays – 0

Resolution #147 - July 27, 2010 - Mr. Stevens presented the following resolution and moved





#7L/Claims#48-56; Johnsburg Fire protection District Warrant #3JFPD/Claims #4-10. With 4


Stevens, Goodspeed) Nays – 0

Resolution #148 - August 3, 2010 - Mr. Arsenault presented the following resolution and

moved its passage with a second from Mr. Morehouse that the Town Board will ask Delaware

Operations to work for the Town of Johnsburg with Engineer Carl Schoder and the Federal

Emergency Management Agency (FEMA) to determine the best possible temporary and

permanent bridge solutions in reopening Harrington Road to through traffic. With 5 members




Resolution #149 - August 3, 2010 - Mr. Morehouse presented the following resolution and

moved its passage with a second from Mr. Arsenault that the Town Board approves the three

following requests, having received recommendations of approval for all three requests from the

Tannery Pond Community Center Association: to allow the Tannery Pond Community Center

Association to display a history of Tannery Pond Community Center on the wall of the main

entrance to the building; to accept the North Creek Methodist Church offer to donate a church

pew to the Tannery Pond Community Center and to authorize its placement in the Widlund

Gallery of the building; and to allow the Gore Mountain Region Chamber of Commerce request

to make improvements to the outside of the Tannery Pond Community Center with flower

boxes and to perform maintenance to the Chamber sign and relocate it to a metal post at the

north end of the building and allow outdoor brochure display racks. With 5 members voting in


Goodspeed) Nays - 0

Resolution #150 - August 3, 2010 - Mr. Vanselow presented the following resolution and

moved its passage with a second from Mr. Stevens that the Town Board approves the North

Country Hardship Fund request to allow The North Country Helicopter Flight Co. to give

helicopter rides at their Waynestock III fundraiser at the Ski Bowl Park on August 7, 2010 with

an insurance certificate showing the Town of Johnsburg as an additional insured from both the

North Country Hardship Fund for the fundraiser on August 7, 2010, and also, from The North

Country Helicopter Flight Co. for August 7, 2010 if they will be giving helicopter rides. With 5



Resolution #151 - August 3, 2010 - Mr. Stevens presented the following resolution and moved

its passage with a second from Mr. Arsenault that the Town Board of the Town of Johnsburg

accepts the recommendation of Highway Superintendent Daniel Hitchcock accept the bid from

Viking Cives in the amount of $13,665.00 for the Town of Johnsburg to purchase and to pick

up in Saratoga Springs, NY a Tarco brand municipal spreader/sander; as the bidder was not the

lowest responsible bidder the reasons for accepting the Viking Cives bid are as follows: the

Highway Department has other Tarco brand sanders that work very well, the Highway

Department currently stocks some parts for Tarco sanders, the Tarco sander (8.5cubic yards)

holds more material than the Air-Flo sander (7.5 cubic yards), the Tarco sander (10ga.) is built

with thicker material than the Air-Flo sander (12ga.), and the Tarco sander has a replaceable

wear slide (chain guide) under the conveyor and the other two brands do not. Highway Supt.

Hitchcock, therefore, recommends that the Town Board not accept the lowest bidder and instead

accept the bid from Viking Cives for the Tarco brand sander; he added that he expects the Tarco


brand sander to outlast the other two brands. With 5 members voting in favor the resolution is


Resolution #152 August 3, 2010 - Supv. Goodspeed presented the following resolution and

moved its passage with a second from Mr. Vanselow that the Town Board having conducted

interviews with candidates for the position of Zoning Enforcement Officer that the Town Board

appoints Mr. John M. Dwyer as the Zoning Enforcement Officer for the Town of Johnsburg for

the balance of the year 2010, effective immediately. With 5 members voting in favor the


Nays - 0


moved its passage with a second from Mr. Stevens that the Town Board of the Town of

Johnsburg approves the submission of a water supply application to the NYS Department of

Environmental Conservation for the expansion of the water service area within the North Creek

Water District which will provide water to Phase 1A Residential plan of Front Street Mountain

Development, conditional upon approval by all governing agencies and the Town engineers

(Delaware Operations) and further, authorizes the Town Supervisor to execute all necessary

documents. With 4 members voting in favor the resolution is declared carried. Ayes-4

(Arsenault, Morehouse, Stevens, Goodspeed) Nays – 1 (Vanselow)


moved its passage with a second from Mr. Morehouse that the Town Board of the Town of

Johnsburg accepts the dirt from Comlinks which was stored at the site of the former Great

Eastern Lumber Co. for use by the Ski Bowl Park Committee and further, that the Town Board

authorizes the Town Superintendent of Highways to transport the dirt to the site of the former

leaf dump at the Transfer Station for storage. With 5 members voting in favor the resolution is

declared carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays –0

Resolution #155 August 3, 2010 - Mr. Arsenault presented the following resolution and moved

its passage with a second from Mr. Stevens that the Town Board of the Town of Johnsburg

authorizes the Town Historian to purchase the Heritage Collector Suite computer program to

help preserve and organize photographs in the possession of the Town of Johnsburg at a cost of

$84.95. With 5 members voting in favor the motion is carried. Ayes-5 (Arsenault, Morehouse,



moved its passage with a second from Mr. Morehouse that the Town Board of the Town of

Johnsburg authorizes the North Creek Water District, under the Town of Johnsburg

Procurement Policy, to hire Mr. James Harrison to repair the roof of Well House 4R at a cost of

$834.12 for materials and a cost of not more than $1600.00 for labor. With 5 members voting


in favor the motion is carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed)

Nays - 0

Resolution #157 - August 3, 2010 - Mr. Vanselow presented the following resolution and




#14W/Claim #54. With 5 members voting in favor the resolution is declared carried. Ayes-5


Resolution #158 - August 17, 2010 - Mr. Morehouse presented the following resolution, and

moved its passage with a second from Mr. Arsenault, to accept the minutes of the July 27, 2010


declared carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays – 0

Resolution #159 - August 17, 2010 - Mr. Arsenault presented the following resolution, and

moved its passage with a second from Mr. Stevens, to accept the minutes of the August 3, 2010



Resolution #160 - August 17, 2010 - Mr. Stevens presented the following resolution, and

moved its passage with a second from Mr. Vanselow, to authorize Delaware Operations to

move forward with designs to construct a temporary bridge across Johnson Brook on

Harrington Road, and further, to research the costs of such a construction through the use of the

Town of Johnsburg Highway Department to perform as much of the construction work as

possible. With 5 members voting in favor the resolution is declared carried. Ayes-5 (Arsenault,



moved its passage with a second from Mr. Morehouse, to authorize the Town of Johnsburg

Youth Committee to apply for a Lower Adirondack Regional Arts Council (LARAC) grant for

the purpose of sponsoring four after school art programs. With 5 members voting in favor the


Nays – 0


moved its passage with a second from Mr. Arsenault, to authorize the extension of the North

Creek Farmers Market Board Occupancy Tax funding contract, for the promotion of a Farmers

Market brunch, through September 30, 2010 due to the rescheduling of the brunch from mid-

August to September 12, 2010. With 5 members voting in favor the resolution is declared




moved its passage with a second from Mr. Morehouse, to set a deadline of noon on the day

prior to the Town Board meeting for the delivery of vouchers for payment at that Town Board

meeting, due to the work necessary in verifying the vouchers and obtaining the proper

departmental approvals. With 5 members voting in favor the resolution is declared carried.



moved its passage with a second from Mr. Morehouse, to terminate, effective immediately,

Amber Dasaro for misconduct in her job. With 5 members voting in favor the resolution is


Resolution #165 - August 17, 2010 - Mr. Stevens presented the following resolution and




#15W/Claims#55-62; Capital Projects Fund- Warrant #7CPF/Claims #9-10; Library Fund-

Warrant #8L/Claims#57-63. With 5 members voting in favor the resolution is declared carried.


Resolution #166 - September 7, 2010 - Mr. Morehouse presented the following resolution, and

moved its passage with a second from Mr. Stevens, to accept the minutes of the August 17,



Resolution #167 - September 7, 2010 - Mr. Stevens presented the following resolution, and

moved its passage with a second from Mr. Morehouse, to authorize the Town Clerk to purchase

a “Small Town Clerk Licensing System” from BAS (Business Automation Services) at a total

cost of $980.00 installation cost of $280.00 and a recurring annual maintenance fee of $300.00.



Resolution #168 - September 7, 2010 - Mr. Stevens presented the following resolution and

moved its passage with a second from Mr. Vanselow that, in consideration of the appearance of

the resignation of Zoning Enforcement Officer John Dwyer, the Town Board authorizes the

advertisement for two weeks in the North Creek News Enterprise of a vacancy in the Zoning

Enforcement Officer position; and further, that the Town Board sets the date for interviews for

the position as October 5, 2010. With 5 members voting in favor the resolution is declared




moved its passage with a second from Mr. Vanselow, to approve of the Agreement to Spend

Highway Funds (284) submitted by Highway Superintendent Daniel Hitchcock for the purpose

of reclaiming Durkin Road through the double chip seal process at a cost of $59,784.22. With 5



Resolution #170 - September 7, 2010 - Mr. Stevens presented the following resolution and


Johnsburg agrees to fund signage for pedestrian crossings the intersections of Thirteenth Lake

Road with Harvey Road and Old Farm Road at a cost of five hundred to six hundred dollars

with the funding coming from the contingency fund line of the budget. With 5 members voting


Goodspeed) Nays –0

Resolution #171 - September 7, 2010 - Mr. Arsenault presented the following resolution and


Johnsburg agrees to the following settlement of a matter of litigation in Warren County

Supreme Court; that the Town Attorney will negotiate to establish a reduction of the market

value of parcel 99.-1-41 for the tax year (2009) to $233,000.00 and further, that the Town Board

will be reimbursing the owners for the overpayment of town taxes pursuant to Real Property

Tax Law. With 5 members voting in favor the resolution is declared carried. Ayes-5

(Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays –0


moved its passage with a second from Mr. Morehouse that the following certified bills which



#16W/Claim #63; Capital Projects Fund- Warrant #8CPF/Claim #11; Library Fund-Warrant

#9L/Claims#64-70; Johnsburg Fire protection District Warrant #4JFPD/Claim #11. With 5



Resolution #173 - September 21, 2010 - Mr. Morehouse presented the following resolution,

and moved its passage with a second from Mr. Arsenault, to accept the minutes of the

September 7, 2010 regular Town Board meeting as written. With 5 members voting in favor the


Nays -0


moved its passage with a second from Mr. Arsenault to accept Thermal Associates quote of


$1,800.00 for the replacement of a compressor at TPCC. With 5 members voting in favor the


Nays -0


moved its passage with a second from Mr. Arsenault to amend the 2010 budget with the

following amendments:

Transfer within accounts

FROM: TO:

Youth A7310.4 208.00 Youth A7310.1 208.00

Assessor A1355.4 150.00 Assessor A1355.1 150.00

Transfer between accounts

FROM: TO:

Insurance A1910.4 3508.00

Town Clerk A1410.1

(other) 863.00

Town Clerk A1410.4 1410.00

Personnel A 1430.1 600.00

Highway A5010.4 435.00

Historian A7510.4 200.00

3508.00

JOHNSBURG FIRE

PROTECTION DISTRICT

Increase Appropriated Fund

Balance SF599 Increase Appropriations SF960

Contract SF3410.4 8701.00 8701.00


Morehouse, Stevens, Vanselow, Goodspeed) Nays -0


moved its passage with a second from Mr. Vanselow to accept the August 5, 2010 written

response as a corrective action and submit the corrective action to the State Comptroller. With


Stevens, Vanselow, Goodspeed) Nays -0


moved its passage with a second from Mr. Arsenault to publish the following notice: Notice is

hereby given that the fiscal affairs of the Town of Johnsburg tax Collector for the period

beginning on 2007 and ending on 2009 have been examined by the Office of the State

Comptroller and that the report of the examination prepared by the Office of the State


Comptroller has been filed in my office where it is available as a public record for inspection by

all interested persons. Pursuant to section thirty-five of the general Municipal Law, the Town

of Johnsburg town board has authorized the preparation of a written response to the report of

examination prepared by the Office of the State Comptroller and will file such response, when

completed, in my office as a public record for inspection by all interested persons not later than

November 20, 2010. William Rawson, Town Clerk.


Morehouse, Stevens, Vanselow, Goodspeed) Nays -0

Resolution #178 September 21, 2010 - Mr. Vaneslow presented the following resolution and

moved its passage with a second from Mr. Morehouse to accept Mr. John Dwyer’s letter of

resignation for the Building and Zoning Enforcement Office position. With 5 members voting


Goodspeed) Nays -0

Resolution #179 September 21, 2010 - Mr. Arsenault presented the following resolution and

moved its passage with a second from Mr. Morehouse to support the submission of two grant

applications to LARAC by the Johnsburg Youth Committee, on behalf of the Town, for the

Johnsburg Youth Program: 1- after school art in the amount of $1400, 2-Community Art in the

amount of $2000. With 5 members voting in favor the resolution is declared carried. Ayes-5

(Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays -0

Resolution #180 September 21, 2010 - Mr. Arsenault presented the following resolution and

moved its passage with a second from Mr. Stevens to allow the SBPAC to address the issue via

Kathy Suozzo and work with Kathy to research solutions for the pond. With 4 members voting

in favor the resolution is declared carried. Ayes-4 (Arsenault, Morehouse, Stevens, Goodspeed)

Nays -1 (Vaneslow).

Resolution #181 September 21, 2010 - Mr. Stevens presented the following resolution and

moved its passage with a second from Mr. Arsenault that the following certified bills, which

have been reviewed by the board members be paid: General Fund-Warrant #17G/Claims#352-

367; Highway Fund -Warrant#17H/Claims 185-199; North Creek Water District-Warrant

#17W/Claims#64-66; Capital Projects Fund-Warrant #9 Claim12. With 5 members voting in

favor the resolution is declared carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vaneslow,

Goodspeed) Nays -0.

Resolution #182 October 5, 2010 - Mr. Vanselow presented the following resolution, and

moved its passage with a second from Mr. Arsenault, to accept the minutes of the September

21, 2010 regular Town Board meeting as written. With 5 members voting in favor the


Nays – 0


Resolution #183 October 5, 2010 - Mr. Arsenault presented the following resolution and

moved its passage with a second from Mr. Morehouse to grant conceptual approval of the

mosaic project for the retaining wall on Main Street, North Creek, opposite from Café Sara as

presented by Ms. Kate Hartley and authorizing the Town Supervisor to write a letter of support

for the project. With 5 members voting in favor the resolution is declared carried. Ayes-5


Resolution #184 October 5, 2010 - Supv. Goodspeed presented the following resolution and

moved its passage with a second from Mr. Stevens to grant approval of the relocation only of

the tanks associated with the temporary hold and haul system of Front Street Mountain

Development as inspected by Engineer James Hutchins and further, that all conditions imposed

by the original authorization granted in Resolution Number 132 enacted on July 21, 2009

continue in full force and effect. With 4 members voting in favor the resolution is declared

carried. Ayes-4 (Arsenault, Morehouse, Stevens, Goodspeed) Nays – 1 (Vanselow)

Resolution #185 October 5, 2010 - Mr. Morehouse presented the following resolution and

moved its passage with a second from Mr. Arsenault to approve the acceptance from Front

Street Mountain Development of a $10,000.00 escrow for payment of professional fees

associated with the review of the wastewater system pursuant to NYS Transportation

Corporation Law. The escrow fund to be replenished to $10,000, when it has been depleted to

$2000.00. With 5 members voting in favor the resolution is declared carried. Ayes-5


Resolution #186 October 5, 2010 - Mr. Stevens presented the following resolution and moved

its passage with a second from Mr. Vanselow to declare the repair and replacement of the

bridge on Harrington Road over Johnson Brook an emergency and to commence immediately

the repair work necessary to protect the health welfare and safety of the citizens of the Town of

Johnsburg. The basis for this declaration includes the lack of availability of emergency medical

and fire services available to the residents living on Harrington Road and due to the onset of

inclement weather which will halt the ability to continue work on the project. As such will

proceed with three quotes instead of the formal bidding process. Ayes-5 (Arsenault,



moved its passage with a second from Mr. Stevens to accept the lowest quote, in the amount of

$33,990.00 from Gallup Concrete, for the construction of abutment footings and abutments for

the bridge over Johnson Brook on Harrington Road, in the amount of $33,990.00. Ayes-5



Resolution #188 October 5, 2010 - Mr. Vanselow presented the following resolution and

moved its passage with a second from Supv. Goodspeed that the Town of Johnsburg sponsor

the shuttle bus for Saturday of the Columbus Day Weekend at a cost of $400.00 from

Occupancy Tax funds and with the Main Street Merchants performing the necessary record

keeping for the project. With 5 members voting in favor the resolution is declared carried.



moved its passage with a second from Mr. Morehouse that the Town Board accepts the

resignation of Mrs. Jo Ann Smith from position of cleaner for Tannery Pond Community Center

and further, that the Town Board authorizes the advertisement for one week in the North Creek

News Enterprise for position of cleaner for Tannery Pond Community Center. With 5 members




moved its passage with a second from Mr. Stevens to authorize the advertising of two-part time

positions of wing operator for the Highway Department for the 2010 through

2011(approximately October through April) winter snow plowing season for one week in the

North Creek News-Enterprise. With 5 members voting in favor the resolution is declared



moved its passage with a second from Mr. Stevens that the Town Board of the Town of

Johnsburg ratifies the contract between the Town of Johnsburg and the Town of Johnsburg

Highway Employees Association for a five year period with pay increases of 3% each year for

the first three years and 4% in the fourth year and 5% in the fifth year and a cap of 25% on the

Highway employees contribution for health insurance for the duration of the contract and

further, the Town Board authorizes the Town Supervisor to execute said contract. With 5


Stevens, Vanselow, Goodspeed) Nays –0

Resolution #192 October 5, 2010 - Mr. Morehouse presented the following resolution and

moved its passage with a second from Mr. Vanselow that the Town Board authorizes the Town

Supervisor to sign a notice to abate a health hazard at a trailer at the Hudson River Trailer Park.


Morehouse, Stevens, Vanselow, Goodspeed) Nays –0






#18W/Claims #67-71. With 5 members voting in favor the resolution is declared carried.


Resolution #238 December 21, 2010 - Mr. Morehouse presented the following resolution,

and moved its passage with a second from Mr. Arsenault, to accept the minutes of the October

5, 2010 regular Town Board meeting as written. With 5 members voting in favor the resolution

is declared carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays – 0

Resolution #. 195 - December 21, 2010- Mr. Vanselow presented the following resolution,

and moved its passage with a second from Mr. Arsenault, to accept the quoted cost of $6750.00

and a 5 year warranty on parts from Thermal Associates to replace the damaged heat pump at

the Tannery Pond Community Center. With 5 members voting in favor the resolution is


Resolution #. 196 - December 21, 2010 - - Mr. Vanselow presented the following resolution,

and moved its passage with a second from Mr. Stevens, that the Town Board having conducted

interviews with candidates for the position of Zoning Enforcement Officer that the Town Board

appoints Ms. Danae Tucker as the Zoning Enforcement Officer for the Town of Johnsburg

effective immediately. With 5 members voting in favor the resolution is declared carried.


Resolution #197 - December 21, 2010 - Mr. Morehouse presented the following resolution and

moved its passage with a second from Mr. Arsenault as follows: WHEREAS, the Budget

Officer’s Tentative Budget for the fiscal year of 2011 was filed with the Town Clerk on

September 30, 2010 as mandated by law, and WHEREAS, at a meeting conducted on October

19, 2010, the Tentative Budget was presented, and NOW THEREFORE, BE IT RESOLVED,

that the Budget Officer’s Tentative Budget for 2011 be adopted as a Preliminary Budget for

2011, BE IT FURTHER RESOLVED, to amend the budget by the addition of the list of

exemptions received from the Town Assessor since the presentation of the tentative budget.



Resolution #198 - December 21, 2010 - Mr. Stevens presented the following resolution and

moved its passage with a second from Mr. Arsenault as follows: NOTICE of a Public Hearing

on the Preliminary Budget for the Town of Johnsburg, Warren County, New York for the year

of 2011, NOTICE IS HEREBY GIVEN that the Preliminary Budget of the Town of Johnsburg,

Warren County, New York for the fiscal year beginning January 1, 2011 has been completed

and filed in the Town Clerk’s office in the hamlet of North Creek in said Town, where it is

available for inspection by any interested person at all reasonable hours; FURTHER NOTICE


IS HEREBY GIVEN that the Town Board will meet and review said Preliminary Budget and

hold a Public Hearing thereon at 6:30pm on November 4, 2010 at the Wevertown Community

Center, Wevertown, New York and that at such time and place any person may be heard in

favor of or against any item or items therein contained. After closing the Public Hearing, the

regular Town Board meeting will continue, AND FURTHER NOTICE IS HEREBY GIVEN,

Pursuant to Section 108 of the Town Law, that the following are the proposed yearly salaries of

the Town Officers: Supervisor - $23,225.00; Justice of the Peace - $12,720.00; Councilpersons

(4) - $ 4,147.00; Town Clerk/Tax Collector - $21,465.00; Highway Superintendent -

$42,961.00. With 5 members voting in favor the resolution is declared carried. Ayes-5



moved its passage with a second from Mr. Arsenault to authorize the Town Clerk to advertise

for one week and publish notice in the North Creek News-Enterprise on October 30, 2010 for a

Public Hearing to be held at the Wevertown Community Center, Wevertown, New York on

Thursday, November 4, 2010 at 6:00pm to hear the pros and cons on the Fire Contracts for the

Johnsburg Fire Protection District with the North Creek Fire District and the six companies of

North River Vol. Fire Co., Garnet Lake Vol. Fire Co., Bakers Mills/Sodom Vol. Fire Co.,

Johnsburg Vol. Fire Co., Wevertown Vol. Fire Co., and the Riverside Vol. Fire Co. With 5



Resolution #200 - December 21, 2010 - Mr. Vanselow presented the following resolution and

moved its passage with a second from Mr. Stevens: WHEREAS, the economic impact from the

railroad is in excess of eight hundred thousand dollars annually, and WHEREAS, the potential

new operators wish to add freight and passenger service to the railroad operations which should

increase the economic impact, and WHEREAS, Warren County has issued a request for

proposal in order to seek a new operator for the railroad, and WHEREAS, the date for the

opening of the request for proposal is imminent; THEREFORE, BE IT RESOLVED, that the

Town Board of the Town of Johnsburg urges the Warren County Board of Supervisors to

review the request for proposal and to award the contract in a timely manner so as to allow the

new operator to begin their preparation for the 2011 season of operation as soon as possible,

and BE IT ADDITIONALLY RESOLVED, that the Town of Johnsburg Town Clerk forward a

copy of this resolution to the Warren County Board of Supervisors. With 5 members voting in


Goodspeed) Nays - 0

Resolution #201 - December 21, 2010 - Mr. Arsenault presented the following resolution, and

moved its passage with a second from Mr. Morehouse, that the Town of Johnsburg Town Board

accepts the gift of twelve electrical powered led lighted snowflakes for placement on electric

poles on Main Street in North Creek as a decoration for the three month ski season; the


anticipated cost of operating these lights is $475.20 for the three month lighting season. With 5


Stevens, Vanselow, Goodspeed) Nays – 0


moved its passage with a second from Mr. Arsenault:

Highway Fund

Increase Revenues DA510

Increase Appropriations

DA960

CHIPS

DA3501 31,821.38 Cap Outlays DA5112.2

to record chips funding

increase

Increase Appropriated Balance DA599

Increase

Appropriations DA960

Machinery

DA5130.4 36,179.52

to apply funding for a truck and sander

purchase

transfers between accounts

FROM: TO:

General repairs DA5110.1 12,000.00 Cap Outlays DA5112.2 22,000.00

Unemployment DA9050.8 10,000.00

22,000.00 22,000.00

Library Fund

Increase Appropriated Fund Balance

Increase

Appropriations

L599 5,730.00 L960

Contract

L7410.4



Resolution #203- December 21, 2010 - Mr. Stevens presented the following resolution and




#19W/Claims#72-77; Capital Projects Fund- Warrant #10CPF/Claim #13; Library Fund-

Warrant #10L/Claims#71-75. With 5 members voting in favor the resolution is declared



Resolution #204 November 4, 2010 - Mr. Vanselow presented the following resolution and

moved its passage with a second from Mr. Arsenault to authorize the issuance of a letter to

waive the thirty day time period for a license application for 7SKI, Inc. d/b/a Basil & Wick’s at

3195 State Route 28, North Creek. With 4 members voting in favor, the resolution is declared

carried. Ayes -4 (Arsenault, Morehouse, Vanselow, Goodspeed) Nays – 0

Resolution #205 November 4, 2010 Supv. Goodspeed presented the following resolution,

and moved its passage with a second from Mr. Morehouse that the Town Board acting as the

Board of Health will approve the addition of a second and final hold and haul system with an

expiration date of May 31, 2011 and further, that the Town Board will require a $10,000.00

cash deposit and further, that the original hold and haul system which is conditioned to expire

on December 31, 2010 will have its expiration date extended to May 31, 2011 and that all other

conditions imposed by the original authorization granted in Resolution Number 132 enacted on

July 21, 2009 continue in full force and effect; and that these approvals are granted under the

following conditions: that the units will not be sold unlawfully occupied and that this Town

Board permission will be withdrawn if the developer applies for a certificate of occupancy for

the units served by the second hold and haul system. With 3 members voting in favor the

resolution is declared carried. Ayes-3 (Arsenault, Morehouse, Goodspeed) Nays – 1

(Vanselow)

Resolution #206 November 4, 2010 Mr. Vanselow presented the following resolution, and

moved its passage with a second from Mr. Arsenault that the Town Clerk is instructed to

advertise in one issue of the North Creek News-Enterprise that the Town Board will conduct a

Public Hearing regarding the proposed Local Law #1 of 2010 to be known as “Control and

Licensing of Dogs Local Law of the Town of Johnsburg”; said Public Hearing to be held on

Tuesday, December 7, 2010, at 6:45pm, at the Wevertown Community Center, Wevertown,

NY. With 4 members voting in favor, the resolution is declared carried. Ayes -4 (Arsenault,

Morehouse, Vanselow, Goodspeed) Nays – 0

Resolution #207 November 4, 2010 Supv. Goodspeed presented the following resolution,

and moved its passage with a second from Mr. Arsenault to authorize the extension of the

deadline for the receipt of Occupancy Tax funding request applications to November 7, 2010.

With 4 members voting in favor, the resolution is declared carried. Ayes -4 (Arsenault,

Morehouse, Vanselow, Goodspeed) Nays – 0 Ayes-4 (Arsenault, Morehouse, Vanselow,


Resolution #. 208 November 4, 2010 Supv. Goodspeed presented the following resolution,

and moved its passage with a second from Mr. Arsenault to authorize the striking out of the

phrase “if a money-making venture” from the guidelines in granting contract amounts from

Occupancy Tax funds. With 4 members voting in favor, the resolution is declared carried.

Ayes -4 (Arsenault, Morehouse, Vanselow, Goodspeed) Nays – 0


Resolution #209 November 4, 2010 Mr. Arsenault presented the following resolution and

moved its passage with a second from Mr. Morehouse that the Town Board elects to be

included under the Warren County bid pricing for No. 2 Fuel Oil; the 2011 County bid price

differential for No. 2 Fuel Oil is $0.1885 per gallon over the base price (Main Brothers Oil Co.,

Inc.). With 4 members voting in favor, the resolution is declared carried. Ayes -4 (Arsenault,


Resolution #210 November 4, 2010 - Mr. Arsenault presented the following resolution and

moved its passage with a second from Mr. Morehouse that the Town Board elects to be

included under the 2011 Warren County bid pricing for kerosene and 50/50mix; the County bid

price differential for Kerosene is $.3500 per gallon over the base price (G. A. Bove & Sons,

Inc.) and the kerosene bid price differential of $.3500 per gal over the base price (G. A. Bove &

Sons, Inc.). With 4 members voting in favor, the resolution is declared carried. Ayes -4

(Arsenault, Morehouse, Vanselow, Goodspeed) Nays – 0


moved its passage with a second from Mr. Morehouse to authorize the Town Clerk to advertise

for one week on in the North Creek News Enterprise for the removal of scrap metal from the

Town of Johnsburg Transfer Station, with the contract to run from December 1, 2010 through

November 30, 2011, with the bids to be opened at 7:00pm at a regular meeting of the Town

Board to be held at the Wevertown Community Center, Wevertown, NY on Tuesday, December

7, 2010, at 7:00pm. With 4 members voting in favor, the resolution is declared carried. Ayes -

4 (Arsenault, Morehouse, Vanselow, Goodspeed) Nays – 0



execute with Standard Medical Services renewal of the contract for drug and alcohol testing for

Town employees driving Town equipment for the year of 2011. With 3 members voting in

favor, the resolution is declared carried. Ayes -3 (Arsenault, Morehouse, Goodspeed) Nays – 1

(Vanselow)

Resolution #213 November 4, 2010 - Supv. Goodspeed presented the following resolution and


execute with Thermal Associates a renewal of the contract for the maintenance of the HVAC

(heating and air conditioning) system at the Tannery Pond Community Center for the year of

2011. With 4 members voting in favor, the resolution is declared carried. Ayes -4 (Arsenault,



moved its passage with a second from Mr. Morehouse to authorize the Town Clerk to advertise


for one week, in the North Creek News Enterprise to solicit bids for Senior Citizen

Transportation from the Town of Johnsburg to Glens Falls and return, one day per week for the

year of 2011, with the bids to be opened at 7:00pm at a regular meeting of the Town Board to

be held at the Wevertown Community Center, Wevertown, NY on Tuesday, December 7, 2010,

at 7:00pm. With 4 members voting in favor and none opposed the resolution is declared carried.

Ayes-4 (Arsenault, Morehouse, Vanselow, Goodspeed) Nays - 0


moved its passage with a second from Mr. Morehouse to allow the Upper Hudson Festivals, Inc

the use of the Ski Bowl Park August 16, 2011, through August 22, 2011 for the Bluegrass

Festival; and further, the Town authorizes the

Town Clerk to issue a blanket vending permit for the aforesaid event; and further, the Town

Board grants permission to the Upper Hudson Festivals, Inc to display their Bluegrass Festival

banner August 18, through August 21, 2011. With 4 members voting in favor and none opposed

the resolution is declared carried. Ayes-4 (Arsenault, Morehouse, Vanselow, Goodspeed) Nays

- 0





#20W/Claims #78-82; and additionally, the Town Board acknowledges that Voucher #386 of

General Fund Warrant 19G in the amount of $1071.00 was a duplicate of Voucher #345 of

General Fund Warrant 16G and payment was requested accidentally. The check for payment of

this account has been voided. With 4 members voting in favor and none opposed the resolution

is declared carried. Ayes-4 (Arsenault, Morehouse, Vanselow, Goodspeed) Nays - 0

Resolution #217 November 16, 2010 - Mr. Vanselow presented the following resolution, and

moved its passage with a second from Mr. Arsenault, to accept the minutes of the November 4,



Resolution #218 November 16, 2010 - Mr. Arsenault presented the following resolution, and

moved its passage with a second from Mr. Morehouse, to accept the minutes of the November

4, 2010 Public Hearing on the 2011 Town of Johnsburg Budget as written. With 5 members

voting in favor, the resolution is declared carried. Ayes-5 (Arsenault, Morehouse, Stevens,



moved its passage with a second from Mr. Morehouse, to accept the minutes of the Public

Hearing on the 2011 Johnsburg Fire Protection Contracts for the Johnsburg Fire Protection


District as written. With 5 members voting in favor, the resolution is declared carried. Ayes-5


Resolution #. 220 November 16, 2010 - Mr. Arsenault presented the following resolution, and

moved its passage with a second from Mr. Morehouse, that the Town Board having received a

recommendation following interviews with three candidates for the position of cleaner at the

Tannery Pond Community Center that the Town Board authorizes the hiring of Ms. Karen

Wright as the cleaner at the Tannery Pond Community Center. With 5 members voting in favor




moved its passage with a second from Mr. Arsenault to accept the Tentative Budget for 2011

which was filed in the Town Clerk’s office on September 30, 2009, the Preliminary Budget in

which was included the following change: the addition of the list of exemptions received from

the Town Assessor added to the Preliminary Budget, on which a Public Hearing was held on

November 4, 2010, at 6:30pm, at the Wevertown Community Center, Wevertown, NY:

THEREFORE, the Preliminary Budget, is to be accepted as the Final Budget for the Town of

Johnsburg for the year to begin January 1, 2011; and it is further resolved that pursuant to a

Public Hearing on the 2011 Johnsburg Fire Protection Contract for the Johnsburg Fire

Protection District having been held on Thursday, November 4, 2010, at 6:00pm at the

Wevertown Community Center, Wevertown, NY; the Town Board approves of the 2010

Johnsburg Fire Protection Contract for the Johnsburg Fire Protection District including an

additional seven hundred and fifty dollars to be paid to the following companies: North River

Vol. Fire Co., Garnet Lake Vol. Fire Co., Bakers Mills/Sodom Vol. Fire Co., Johnsburg Vol.

Fire Co., Wevertown Vol. Fire Co., and Riverside Vol. Fire Co. With 5 members voting in

favor the resolution is declared carried. Ayes-5 (Arsenault, Morehouse, Stevens, Goodspeed,

Vanselow) Nays – 0

Resolution #. 222 November 16, 2010 - Mr. Stevens presented the following resolution and

moved its passage with a second from Mr. Morehouse that the Town Board moves to adopt the

following as the proposed Local Law #1 of 2010 entitled A Local Law Of The Town Of

Johnsburg, Warren County, New York, Relating to the Control and Licensing of Dogs and to

reaffirm that the Town Board will conduct a public hearing on the aforesaid proposed local law

at the Wevertown Community Center, Wevertown, NY on Tuesday, December 7, 2010, at

6:45pm. A LOCAL LAW OF THE TOWN OF JOHNSBURG, WARREN COUNTY, NEW

YORK,

RELATING TO THE CONTROL AND LICENSING OF DOGS Be it enacted by the Town

Board of the Town of Johnsburg as follows: Section 1 Title: This Local Law shall be known

and cited as the “Control and Licensing of Dogs Local Law of the Town of Johnsburg.” Section

2 Statutory authority: This Article is enacted pursuant to the provisions of Article 7 of the


Agriculture and Markets Law of the State of New York, as amended by Chapter 59, Part T, of

the laws of 2010, and as may be subsequently amended or revised. Section 3 Purpose: The

purpose of this Article shall be to preserve public peace and good order in the Town of

Johnsburg and to promote the public health, safety and welfare of its people by enforcing

regulations and restrictions on the activities of dogs that are consistent with the rights and

privileges of dog owners and the rights and privileges of other citizens of the Town of

Johnsburg. Section 4 Definitions: As used in this Article, the following terms shall have the

meanings indicated: AT LARGE -- Off the premises of the owner. DOG WARDEN/ANIMAL

CONTROL OFFICER -- A person or persons appointed by the Town for the purpose of

enforcing this Article. LEASHED -- Restrained by a leash, attached to a collar or harness of

sufficient strength to restrain the dog and which shall be held by a person having the ability to

control the dog. OWNER – The person entitled to claim lawful custody and possession of a dog

and who is responsible for purchasing the license for such dog unless the dog is or has been lost

and such loss was promptly reported to the Dog Warden/Animal Control Officer, or any peace

officer, and a reasonable search has been made. If a dog is not licensed, the term "owner" shall

designate and cover any person or persons, firm, association or corporation who or which at any

time owns or has custody or control of, harbors or is otherwise responsible for any dog which is

kept in, brought into or comes within the Town. Any person owning or harboring a dog for a

period of one week prior to the filing of any complaint charging a violation of this article shall

be held and deemed to be the "owner" of such dog for the purpose of this article. In the event

that the "owner" of any dog found to be in violation of this article shall be under 18 years of

age, any head of the household in which said minor resides shall be deemed to have custody and

control of said dog and shall be responsible for any acts of the said dog in violation of this

article. Section 5 Prohibited acts: It shall be unlawful for any owner of a dog in the Town of

Johnsburg to permit or allow such dog to: A. Run at large, unless the dog is restrained by an

adequate leash or unless it is accompanied by its owner or a responsible person and under the

full control of such owner or person. For the purpose of this Article, a dog or dogs hunting in

company of a hunter or hunters shall be considered as accompanied by its owner. B.

Engage in habitual loud howling, barking or whining or to conduct itself in such a

manner as to habitually annoy any person other than the owner or harborer of the dog. C. Cause

damage or destruction to public or private property, defecate, urinate or otherwise commit a

nuisance upon the property of other than the owner or harborer of the dog. D. Bite, chase,

jump upon or otherwise harass any person in such a manner as to cause intimidation or to put

such a person in reasonable apprehension of bodily harm or injury. E. Chase, leap on or

otherwise harass bicycles or motor vehicles. F. Kill or injure any dog, cat or other household

pet. G. Be unlicensed when four months of age or older. H. Not have a current and valid Town

of Johnsburg identification tag on its collar while at large, whether or not restrained by an

adequate leash. Section 6 Female dogs: All female dogs shall be confined to the premises of

their owner while such are in season (heat) and may not be left outside unattended. Any owner

not adhering to this rule will be subject to having the dog seized by the Dog Warden/Animal

Control Officer, or any peace officer, and removed to a safe place of confinement. Section 7


Conditions for keeping dogs: All premises occupied or used by dogs shall be kept in a clean,

sanitary condition. Failure to provide adequate food, water or space shall subject dogs to seizure

and confinement. "Adequate" shall mean sufficient for age, size and number of dogs on the

premises. Upon conviction of the owner or harborer, the dogs become the property of the Town

of Johnsburg to be released to an authorized humane society, veterinarian or kennel for adoption

or euthanasia. Section 8 Licensing of dogs; fees: A. License required. All dogs in the Town of

Johnsburg shall be licensed with the Town Clerk by the age of four months, and any person

applying for a dog license shall present a current certificate of rabies vaccination at the time of

making application for a license or for the renewal of an existing license. B. Expiration of

license. All dog licenses shall be valid for a period of one year and shall expire at the end of the

month one year from the date of issuance. C. License fees. The fee for a spayed or neutered dog

shall be $3.50, which fee includes the assessment of a surcharge of $1 for the purpose of

carrying out a program of animal population control. The fee for an unspayed or unneutered dog


carrying out a program of animal population control. Replacement tag fees shall be $2.00. The

fee for a Purebred License as provided for in Paragraph (E) below shall be as follows: i) 0-10

dogs a fee of $25 plus a surcharge of $3 per dog; ii) 11-25 dogs a fee of $50 plus a

surcharge of $3 per dog; and, iii) 26+ dogs a fee of $100 plus a surcharge of $3 per dog.

The surcharge shall be for the purpose of carrying out a program of animal population

assessment and control. The fees provided for in this paragraph C shall be reviewed by the

Town Board periodically and may be changed by resolution of the Town Board, as necessary.

D. Enumeration fee. When the Town Board determines the need for a dog enumeration, a

fee of $5 will be assessed to the owner of any dog found unlicensed or for which the license has

not been renewed at the time the enumeration is conducted. E. Purebred license. (a) The owner

of one or more purebred dogs registered by a recognized registry association may make an

application annually for a purebred license, in lieu of or in addition to the individual licenses

required by subdivision (A) of this section. A purebred license shall be valid for a period of one

year beginning with the first day of the month following the date of issuance and shall be

renewable annually thereafter prior to the expiration date. (b) Such application shall be made

to the person specified in paragraph (A) of section eight of this Article. (c) The application

shall state the name, address and telephone number of the owner; the county and city, town or

village where such dogs are harbored; the sex, breed, registry name and number of each

purebred registered dog over the age of four months which is harbored on the premises; and the

sex of each purebred dog over the age of four months which is harbored on the premises and

which is eligible for registration. The application shall also include a statement by the owner

that all purebred dogs over the age of four months which are harbored on the premises have

been listed. (d) The application shall be accompanied by the license fee prescribed by

paragraph (C) of section Eight of this Article and a certificate of rabies vaccination or statement

in lieu thereof, as required by paragraph (A) of this section. (e) Upon receipt of the foregoing

items, the clerk or authorized dog control officer shall assign a license number, which shall be

reserved for the sole use of the named owner, and shall issue a purebred license. Once a


purebred license has been issued, no refund therefore shall be made. (f) No purebred

license shall be transferable. Upon change of ownership of any dog licensed under a purebred

license, such dog shall become subject to the licensing provisions of subdivision one of this

section, except when the new owner holds a valid purebred license. F. Service dogs. The Town

of Johnsburg shall require a license for any guide dog, service dog, hearing dog or detection

dog, the license fee will be waived as those terms are defined by Article 7 of the Agriculture

and Markets Law. G. Shelters. The Town of Johnsburg does not allow the licensing of dogs

by a shelter. The shelter shall send the adoptive dog owners to the Clerk of the town or city in

which the dog will be harbored for licensing or to the Town Clerk of the Town of Johnsburg

where the shelter is located for the purchase of the license for adoption purposes. H. All

dog licenses shall be purchased in person at the Town offices or by regular mail. If licensing or

renewing a license by mail, the appropriate fee shall accompany the forms. There shall be no

refund of fees. I. No tags will be included with the purebred licenses. If the owner wants a

tag for their dogs they shall be responsible for purchasing the tags, at their own expense. These

tags must be imprinted with the same number as the purebred license. These tags may be used

only on dogs owned and harbored by the holder of the purebred license. J. All fees shall be

used in funding the administration of the Dog Control Law of the Town of Johnsburg. Section

9 Seizure of dogs; redemption; disposition; impoundment fee: The Dog Warden/Animal

Control Officer, or any peace officer, shall seize any unlicensed dog whether on or off the

owner’s premises and/or any dog not wearing a tag, not identified and not on the owner’s

premises. A. If a dog seized is not wearing an identification tag (license tag), it shall be held for

a period of no less than five days. B. If a dog seized is wearing an identification number, the

owner shall be promptly notified either in person or by certified mail. If the owner is notified in

person, the dog shall be held for a period of no less than seven days; if notified by mail, no less

than nine days.

C. The fees for any seizure and impoundment of each dog in violation of Article 7 of the

Agriculture and Markets Law or of Article III of this chapter are as follows: (1) For the first

impoundment: $45 plus the prevailing charge to the Town of Johnsburg for each day of

impoundment. (2) For the second impoundment: $60 plus the prevailing charge to the town of

Johnsburg for each day of impoundment. (3) For the third impoundment: $90 plus the prevailing

charge to the Town of Johnsburg for each day of impoundment. D.If not redeemed, the owner

shall forfeit all title to the dog and it shall be released to an authorized humane society or kennel

to be adopted or euthanized. Section 10 Record of seizure: Upon taking custody of any animal,

the Dog Warden/Animal Control Officer, or any peace officer, shall make a record of the

matter. The record shall include date of pickup, breed, general description, sex, identification

numbers, time of pickup, location or release and name and address of owner, if any. Section 11

Complaints: Any person who observes a dog in violation of any section of this article may file a

signed complaint, under oath, with a Justice of the Town of Johnsburg or with the authorized

Dog Warden/Animal Control Officer or any peace officer, specifying the violation, the date of

violation, the damage caused and including place(s) violation occurred and the name and

address of the dog owner, if known. Section 12 Enforcement: The Dog Warden/Animal Control


Officer of the Town of Johnsburg shall, and all peace officers may, administer and enforce the

provisions of this article and for that purpose shall have the authority to issue appearance tickets

and to seize dogs, either on or off the owner's premises, if witnessed to be in violation of this

article. Section 13 Impeding Dog Warden/Animal Control Officer unlawful: No person shall

hinder, resist or oppose the Dog Warden/Animal Control Officer or peace officer authorized to

administer or enforce the provisions of this article in the performance of the officer's duties

under this article. Section 14 Disclaimer of liability: The owner or harborer of any dog so

destroyed under the provisions of this article, whether destroyed by a Dog Warden/Animal

Control Officer or peace officer or released to an authorized humane society or veterinarian,

shall not be entitled to any compensation, and no action shall be maintainable thereafter to

recover the value of such dog or any other type of damage.

Section 15 Penalties for offenses: Any violation of this article shall be punishable, for each

violation, by a fine of not more than $250 or imprisonment for not more than 15 days, or both.

Section 16 Repealer: All local laws or ordinances and parts thereof inconsistent with this local

law are hereby repealed. Section 15 Severability: If any clause, sentence, paragraph, section,

article or part of this local law shall be adjudged by any court of competent jurisdiction to be

invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be

confined in its operation to the clause, sentence, paragraph, section, article or part thereof

directly involved in the controversy in which such judgment shall have been rendered. Section

16 when effective: This local law shall take effect January 1, 2011, after filing with the

Secretary of State of the State of New York.


Morehouse, Stevens, Goodspeed) Nays – 1 (Vanselow)


moved its passage with a second from Mr. Vanselow to authorize the Town Supervisor to

execute all documents to renew the current Blue Shield Traditional Medicare Advantage health

insurance plan for Medicare eligible employees or retirees for 2011 at the increased rate of

$321.10 dollars per individual per month. With 5 members voting in favor, the resolution is


Resolution #224 November 16, 2010 - Supv. Goodspeed presented the following resolution,

and moved its passage with a second from Mr. Vanselow, that the Johnsburg Town Board

authorizes National Grid to move forward to install the outlets on their poles necessary to allow

the Town to place on said poles the snowflake decorations (as accepted by the Town on October

19, 2010); and additionally, that the Town Board authorizes no further action at this time. With


Vanselow, Goodspeed) Nays – 1 (Stevens)






#21W/Claims#83-87; Library Fund-Warrant #11L/Claims#76-81. With 5 members voting in



Resolution #226 December 7, 2010 - Mr. Morehouse presented the following resolution, and

moved its passage with a second from Mr. Arsenault, to accept the minutes of the November

16, 2010 regular Town Board meeting as written. With 5 members voting in favor the


Nays – 0

Resolution #227 - December 7, 2010 - Mr. Vanselow presented the following resolution, and

moved its passage with a second from Mr. Stevens to authorize the payment of the registration

fees for any member of the Planning Board and Zoning Board of Appeals and the Zoning

Enforcement Officer who wish to attend the Adirondack Local Government Day Conference on

March 22 and 23, 2011, in Lake Placid, NY. With 5 members voting in favor the resolution is



moved its passage with a second from Mr. Morehouse, to accept the minutes of the October 19,



Resolution #229 - December 7, 2010 - Mr. Stevens presented the following resolution, and

moved its passage with a second from Mr. Vanselow, to approve the minutes of the October 5,

2010 regular Town Board meeting as they stand. With 5 members voting in favor the resolution

is declared carried. Ayes-5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays – 0


moved its passage with a second from Mr. Arsenault to award the bid for Senior Citizens

Transportation to Glens Falls and return one day per week for the year of 2011, to Warren

Hamilton ACEO, Inc. 190 Maple Street, Glens Falls, NY 12801, in the amount of $9,945.00for

trips during the calendar year of 2011. With 5 members voting in favor the resolution is



moved its passage with a second from Mr. Stevens to award the Scrap Metal Bid to East Side

Metals Recycler, 2323 State Route 149, Fort Ann, NY, 12839, in the amount of $$190.00 per

net ton to purchase and remove the scrap metal from the Town of Johnsburg Transfer Station

between December 1, 2010 and November 30, 2011. With 5 members voting in favor the



Nays - 0


moved its passage with a second from Mr. Arsenault to authorize payment for a website

presence and an informational kiosk associated with the Quadricentennial Program and in the

amount of $3641.00. With 5 members voting in favor the resolution is declared carried. Ayes-

5 (Arsenault, Morehouse, Stevens, Vanselow, Goodspeed) Nays – 0

Resolution #233 - December 7, 2010 - Mr. Arsenault presented the following resolution and


Johnsburg having held earlier today a Public Hearing on proposed Local Law #1 of 2010,

moves to adopt as presented the proposed Local Law #1 of 2010 entitled Control and Licensing

of Dogs Local Law of the Town of Johnsburg to be Town of Johnsburg Local Law #1 of 2010

(text as follows) A LOCAL LAW OF THE TOWN OF JOHNSBURG, WARREN COUNTY,

NEW YORK, RELATING TO THE CONTROL AND LICENSING OF DOGS Be it enacted

by the Town Board of the Town of Johnsburg as follows: Section 1 Title: his Local Law shall

be known and cited as the “Control and Licensing of Dogs Local Law of the Town of

Johnsburg.” Section 2 Statutory authority: This Article is enacted pursuant to the provisions of

Article 7 of the Agriculture and Markets Law of the State of New York, as amended by Chapter

59, Part T, of the laws of 2010, and as may be subsequently amended or revised. Section 3

Purpose: The purpose of this Article shall be to preserve public peace and good order in the

Town of Johnsburg and to promote the public health, safety and welfare of its people by

enforcing regulations and restrictions on the activities of dogs that are consistent with the rights

and privileges of dog owners and the rights and privileges of other citizens of the Town of

Johnsburg. Section 4 Definitions: As used in this Article, the following terms shall have the

meanings indicated: AT LARGE -- Off the premises of the owner. DOG WARDEN/ANIMAL

CONTROL OFFICER -- A person or persons appointed by the Town for the purpose of

enforcing this Article. LEASHED -- Restrained by a leash, attached to a collar or harness of

sufficient strength to restrain the dog and which shall be held by a person having the ability to

control the dog. OWNER – The person entitled to claim lawful custody and possession of a dog

and who is responsible for purchasing the license for such dog unless the dog is or has been lost

and such loss was promptly reported to the Dog Warden/Animal Control Officer, or any peace

officer, and a reasonable search has been made. If a dog is not licensed, the term "owner" shall

designate and cover any person or persons, firm, association or corporation who or which at any

time owns or has custody or control of, harbors or is otherwise responsible for any dog which is

kept in, brought into or comes within the Town. Any person owning or harboring a dog for a

period of one week prior to the filing of any complaint charging a violation of this article shall

be held and deemed to be the "owner" of such dog for the purpose of this article. In the event

that the "owner" of any dog found to be in violation of this article shall be under 18 years of

age, any head of the household in which said minor resides shall be deemed to have custody and


control of said dog and shall be responsible for any acts of the said dog in violation of this

article. Section 5 Prohibited acts: It shall be unlawful for any owner of a dog in the Town of

Johnsburg to permit or allow such dog to: A. Run at large, unless the dog is restrained by an

adequate leash or unless it is accompanied by its owner or a responsible person and under the

full control of such owner or person. For the purpose of this Article, a dog or dogs hunting in

company of a hunter or hunters shall be considered as accompanied by its owner. B. Engage in

habitual loud howling, barking or whining or to conduct itself in such a manner as to habitually

annoy any person other than the owner or harborer of the dog. C. Cause damage or destruction

to public or private property, defecate, urinate or otherwise commit a nuisance upon the

property of other than the owner or harborer of the dog. D. Bite, chase, jump upon or otherwise

harass any person in such a manner as to cause intimidation or to put such a person in

reasonable apprehension of bodily harm or injury. E. Chase, leap on or otherwise harass

bicycles or motor vehicles. F. Kill or injure any dog, cat or other household pet. G. Be

unlicensed when four months of age or older. H. Not have a current and valid Town of

Johnsburg identification tag on its collar while at large, whether or not restrained by an

adequate leash. Section 6 Female dogs: All female dogs shall be confined to the premises of

their owner while such are in season (heat) and may not be left outside unattended. Any owner

not adhering to this rule will be subject to having the dog seized by the Dog Warden/Animal

Control Officer, or any peace officer, and removed to a safe place of confinement. Section 7

Conditions for keeping dogs: All premises occupied or used by dogs shall be kept in a clean,

sanitary condition. Failure to provide adequate food, water or space shall subject dogs to seizure

and confinement. "Adequate" shall mean sufficient for age, size and number of dogs on the

premises. Upon conviction of the owner or harborer, the dogs become the property of the Town

of Johnsburg to be released to an authorized humane society, veterinarian or kennel for adoption

or euthanasia. Section 8 Licensing of dogs; fees: A. License required. All dogs in the Town of

Johnsburg shall be licensed with the Town Clerk by the age of four months, and any person

applying for a dog license shall present a current certificate of rabies vaccination at the time of

making application for a license or for the renewal of an existing license. B. Expiration of

license. All dog licenses shall be valid for a period of one year and shall expire at the end of the

month one year from the date of issuance. C. License fees. The fee for a spayed or neutered dog


carrying out a program of animal population control. The fee for an unspayed or unneutered dog


carrying out a program of animal population control. Replacement tag fees shall be $2.00. The

fee for a Purebred License as provided for in Paragraph (E) below shall be as follows: i) 0-10

dogs a fee of $25 plus a surcharge of $3 per dog; ii) 11-25 dogs a fee of $50 plus a surcharge of

$3 per dog; and, iii) 26+ dogs a fee of $100 plus a surcharge of $3 per dog. The surcharge shall

be for the purpose of carrying out a program of animal population assessment and control. The

fees provided for in this paragraph C shall be reviewed by the Town Board periodically and

may be changed by resolution of the Town Board, as necessary. D. Enumeration fee. When the

Town Board determines the need for a dog enumeration, a fee of $5 will be assessed to the


owner of any dog found unlicensed or for which the license has not been renewed at the time

the enumeration is conducted. E. Purebred license. (a) The owner of one or more purebred dogs

registered by a recognized registry association may make an application annually for a purebred

license, in lieu of or in addition to the individual licenses required by subdivision (A) of this

section. A purebred license shall be valid for a period of one year beginning with the first day

of the month following the date of issuance and shall be renewable annually thereafter prior to

the expiration date. (b) Such application shall be made to the person specified in paragraph (A)

of section eight of this Article. (c) The application shall state the name, address and telephone

number of the owner; the county and city, town or village where such dogs are harbored; the

sex, breed, registry name and number of each purebred registered dog over the age of four

months which is harbored on the premises; and the sex of each purebred dog over the age of

four months which is harbored on the premises and which is eligible for registration. The

application shall also include a statement by the owner that all purebred dogs over the age of

four months which are harbored on the premises have been listed. (d) The application shall be

accompanied by the license fee prescribed by paragraph (C) of section Eight of this Article and

a certificate of rabies vaccination or statement in lieu thereof, as required by paragraph (A) of

this section. (e) Upon receipt of the foregoing items, the clerk or authorized dog control officer

shall assign a license number, which shall be reserved for the sole use of the named owner and

shall issue a purebred license. Once a purebred license has been issued, no refund therefore

shall be made. (f) No purebred license shall be transferable. Upon change of ownership of any

dog licensed under a purebred license, such dog shall become subject to the licensing provisions

of subdivision one of this section, except when the new owner holds a valid purebred license.

F. Service dogs. The Town of Johnsburg shall require a license for any guide dog, service dog,

hearing dog or detection dog, the license fee will be waived as those terms are defined by

Article 7 of the Agriculture and Markets Law. G. Shelters. The Town of Johnsburg does not

allow the licensing of dogs by a shelter. The shelter shall send the adoptive dog owners to the

Clerk of the town or city in which the dog will be harbored for licensing or to the Town Clerk

of the Town of Johnsburg where the shelter is located for the purchase of the license for

adoption purposes. H. All dog licenses shall be purchased in person at the Town offices or by

regular mail. If licensing or renewing a license by mail, the appropriate fee shall accompany the

forms. There shall be no refund of fees. I. No tags will be included with the purebred licenses.

If the owner wants a tag for their dogs they shall be responsible for purchasing the tags, at their

own expense. These tags must be imprinted with the same number as the purebred license.

These tags may be used only on dogs owned and harbored by the holder of the purebred license.

J. All fees shall be used in funding the administration of the Dog Control Law of the Town of

Johnsburg. Section 9 Seizure of dogs; redemption; disposition; impoundment fee: The Dog

Warden/Animal Control Officer, or any peace officer, shall seize any unlicensed dog whether

on or off the owner’s premises and/or any dog not wearing a tag, not identified and not on the

owner’s premises. A. If a dog seized is not wearing an identification tag (license tag), it shall be

held for a period of no less than five days. B.If a dog seized is wearing an identification

number, the owner shall be promptly notified either in person or by certified mail. If the owner


is notified in person, the dog shall be held for a period of no less than seven days; if notified by

mail, no less than nine days. C. The fees for any seizure and impoundment of each dog in

violation of Article 7 of the Agriculture and Markets Law or of Article III of this chapter are as

follows: (1) For the first impoundment: $45 plus the prevailing charge to the Town of

Johnsburg for each day of impoundment. (2) For the second impoundment: $60 plus the

prevailing charge to the town of Johnsburg for each day of impoundment. (3) For the third

impoundment: $90 plus the prevailing charge to the Town of Johnsburg for each day of

impoundment. D. If not redeemed, the owner shall forfeit all title to the dog and it shall be

released to an authorized humane society or kennel to be adopted or euthanized. Section 10

Record of seizure: Upon taking custody of any animal, the Dog Warden/Animal Control

Officer, or any peace officer, shall make a record of the matter. The record shall include date of

pickup, breed, general description, sex, identification numbers, time of pickup, location or

release and name and address of owner, if any. Section 11 Complaints: Any person who

observes a dog in violation of any section of this article may file a signed complaint, under oath,

with a Justice of the Town of Johnsburg or with the authorized Dog Warden/Animal Control

Officer or any peace officer, specifying the violation, the date of violation, the damage caused

and including place(s) violation occurred and the name and address of the dog owner, if known.

Section 12 Enforcement: The Dog Warden/Animal Control Officer of the Town of Johnsburg

shall, and all peace officers may, administer and enforce the provisions of this article and for

that purpose shall have the authority to issue appearance tickets and to seize dogs, either on or

off the owner's premises, if witnessed to be in violation of this article. Section 13 Impeding Dog

Warden/Animal Control Officer unlawful: No person shall hinder, resist or oppose the Dog

Warden/Animal Control Officer or peace officer authorized to administer or enforce the

provisions of this article in the performance of the officer's duties under this article. Section 14

Disclaimer of liability: The owner or harborer of any dog so destroyed under the provisions of

this article, whether destroyed by a Dog Warden/Animal Control Officer or peace officer or

released to an authorized humane society or veterinarian, shall not be entitled to any

compensation, and no action shall be maintainable thereafter to recover the value of such dog or

any other type of damage. Section 15 Penalties for offenses: Any violation of this article shall

be punishable, for each violation, by a fine of not more than $250 or imprisonment for not more

than 15 days, or both. Section 16 Repealer: All local laws or ordinances and parts thereof

inconsistent with this local law are hereby repealed. Section 15 Severability: If any clause,

sentence, paragraph, section, article or part of this local law shall be adjudged by any court of

competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the

remainder thereof but shall be confined in its operation to the clause, sentence, paragraph,

section, article or part thereof directly involved in the controversy in which such judgment shall

have been rendered. Section 16 when effective: This local law shall take effect January 1, 2011,

after filing with the Secretary of State of the State of New York. With 5 members voting in





moved its passage with a second from Mr. Stevens that the Town Board authorizes the issuance

of the 2011 Transfer Station Cleanup Cards which will include the following fee changes Tires

at three dollars each, VCR at three dollars each, box spring and mattress at nine dollars each,

carpet (12x12) at nine dollars each for a total value of the card of one hundred and eight dollars;

and also to balance the costs to the sticker price the following Transfer Station Rates will be

changed: compressed waste at forty-eight dollars per cubic yard, large barrel or bag (55gal.) of

waste at six dollars each, and a full size pickup truck (2.5 cubic yards) of construction debris at

seventy-five dollars per load . With 5 members voting in favor the resolution is declared


Resolution #235 - December 7, 2010 - Mr. Arsenault presented the following resolution and

moved its passage with a second from Mr. Morehouse:

GENERAL FUND transfer between accounts

FROM: TO:

A1990.4 Contingent 30,700.00 A1410.1 Town Clerk (other)

100.00

A1420.4 Attorney 2,000.00

A1430.1 Personnel 560.00

A3510.4 Animal Control 200.00

A7110.4 Parks Dept 3,000.00

A8090.4 Recycs 2,000.00

A8160.1 Refuse 3,000.00

A9061.8 Eye & Dent & Deducts 19,840.00

Totals 30,700.00 30,700.00

to balance expense accounts

Increase Estimated Revenues (A510) Increase Appropriations (A960)

A2115.2 Frontstreet Mountain Development A8020.41

15,000.00

A2115.5 The Ledges A8020.44 379.00

15,379.00

HIGHWAY FUND

transfer between accounts

DA5130.2 Equipment DA5120.4 Bridges 15,000.00

DA8760.2 FEMA 5,000.00

DA8760.4 FEMA 45,000.00

65,000.00

Increase Estimated Revenues (DA510) Increase Appropriations

(DA960)


DA1120 County Sales Tax 20,000.00 DA9061.8 Eye & Dent & Deducts

20,000.00

LIBRARY FUND


L599 3,500.00 L960

L7410.1 Payroll 300.00

L7410.4 Contract 1,500.00

L9060.8 Health Deducts 1,700.00

3,500.00

Cap Projects


H599 6,364.20 H960

H7110.27 SBP Pipeline 1,364.20

Increase Estimated Revenues H8160.2 Landfill Closure

5,000.00

H510 185.00 H7110.21 Memorial/Butterfly Garden 185.00

H2705 Misc Gifts

(Garden donation) 6,549.20 6,549.20





Supervisor to sign the program application to request Youth Program reimbursement for the

2011 budget cycle. With 5 members voting in favor the resolution is declared carried. Ayes-5






#22W/Claims #88-90; Capital Projects Fund- Warrant #11CPF/Claim #14; Library Fund-

Warrant #12L/Claims#82-87. With 5 members voting in favor the resolution is declared


Resolution #238 - December 21, 2010 - Mr. Morehouse presented the following resolution,


December 7, 2010 regular Town Board meeting as written. With 5 members voting in favor the


Nays – 0


Resolution #239 - December 21, 2010 - Mr. Morehouse presented the following resolution,


December 7, 2010 Public Hearing on proposed Local Law #1 of 2010 entitled Control and

Licensing of Dogs Local Law of The Town Of Johnsburg as written. With 5 members voting in




moved its passage with a second from Supv. Goodspeed, that the Town Board approve as

received the following Occupancy Tax Funding recommendations from the Occupancy Tax

Committee:




moved its passage with a second from Mr. Arsenault to allow the extension of the funding

award to the Johnsburg Trails organization originally given for 2009 Occupancy Tax Funding

through the 2011 funding cycle. With 4 members voting in favor the resolution is declared

carried. Ayes-4 (Arsenault, Morehouse, Stevens, Goodspeed) Nays – 1 (Vanselow)

Resolution #242 - December 21, 2010 - Mr. Morehouse presented the following resolution and

moved its passage with a second from Mr. Stevens that the Town Board sets the date of the

2011 Organizational Meeting of the Town Board of the Town of Johnsburg as follows: January

4, 2011 at the Wevertown Community Center, Wevertown, NY at 7:00pm. With 5 members





moved its passage with a second from Mr. Vanselow, to allow the Johnsburg Emergency

Medical Squad to modify the interior of the Emergency Squad headquarters in the Sodom Scout

Hall in order to create additional sleeping space for overnight crews and also to build additional

storage shelves. With 5 members voting in favor the resolution is declared carried. Ayes-5


Resolution #244 - December 21, 2010 - Mr. Stevens presented the following resolution, and

moved its passage with a second from Mr. Arsenault, to carry forward with the short term

solutions to increasing the daily permitted water availability for the North Creek Water District

to levels acceptable by the NYS Department of Health through the redevelopment of Well #5 at

a estimated cost of about $35,000.00 with Delaware Operations donating its engineering fees

for the project and further, that the Town Board conceptually approves of moving forward with

the following long term solutions for the North Creek Water District: moving the controls at

the pump station above ground, a new building for the pump station, a chlorine booster pump

for the customers in the Top Ridge area, cleaning and resealing of a water storage tank and the

installation of water meters to help spot water leaks. With 5 members voting in favor the


Nays - 0


moved its passage with a second from Mr. Morehouse, to authorize Supv. Goodspeed to

execute the contract with Delaware Engineering to operate the North Creek Water District for

the year of 2011. With 4 members voting in favor, the resolution is declared carried. Ayes-4

(Arsenault, Morehouse, Stevens, Vanselow,) Nays – 0 Abstentions – 1 (Goodspeed)


moved its passage with a second from Mr. Vanselow to accept the liability and property

insurance quote from NYMIR, through the Merriam Agency for the fiscal year of 2011 and to

authorize the Town Supervisor to sign the 2011 insurance binder. With 5 members voting in


Goodspeed) Nays - 0

Resolution #247 - December 21, 2010 - Mr. Morehouse presented the following resolution

and moved its passage with a second from Mr. Arsenault:

GENERAL

FUND

transfers between accounts


FROM: TO:

Contingent A1990.4 1,000.00 Attorney A1420.4 1000.00

Parks (other) A7110.1 1,000.00 Refuse A8160.1 1,000.00

Increase Estimated Revenues (A510) Increase Appropriations (A960)

Occupancy

Tax A1113 7352.80 Tourism Promotion A6410.42

HIGHWAY

FUND


FROM: TO:

FEMA DA8760.4 40,000.00 Bridges DA5120.4 40,000.00

LIBRARY

FUND


FROM: TO:

Payroll L7410.1 50.00 SS L9030.8 25.00

Medical L9060.8 25.00






529; Highway Fund- Warrant #23H / Claims #266-278; North Creek Water Dist.- Warrant

#23W / Claims #91-94. With 5 members voting in favor the resolution is declared carried.


resolution #1 - january 5, 2010 - mr. morehouse presented ... · carried. ayes-3 (goodspeed,...

Documents