STATE OF NEW YORK March 6, 2013



The regular meeting of the Town Board for the Town of Masonville was called to order at 7:30 p.m.

PRESENT: Absent: Steve Roff

Supervisor: Mike Spaccaforno

Council members: Jeri Brayman, Betty Scott, Craig DuMond

Town Clerk: Pamela Walker

Hwy. Superintendent: Chuck Smith


Al Williams, Bob Basile, Ron Longwell, Ernst Keidel, Kathy Ryan, Everett Burrows, Tom Klehr and Neil Brayman


Motion by Jeri Brayman to accept minutes as presented, seconded by Betty Scott, all in favor carried


  1. Kathy Ryan spoke on her concerns with Steam Mill Road and said it is bad. Kathy said many have cars drove into the ditch and have had to be pulled out of it. Kathy wonder way the job was ½ done on Steam Mill as to leave it in the condition it is in now. Kathy also said she could have lived with the potholes compared to this. Kathy wanted the Board to know the condition of the road. The School bus has had problems with the road and her garbage was unable to be picked up. Kathy asked if the Supervisor has gotten any calls on the Road, Mike said no one has called about a problem since early November, when the Highway crew put more stone down.


  1. Plowed and sanded roads as needed

  2. The roads are softening with the weather, as a result one plow dug in causing road and plow damage. The men repaired the plow and the road. Both are in service again.

  3. The Town purchased a sweeper/vacuum truck from the federal surplus program. If it performs as well expected, then the 1988 Mack w/ the broom can be sold as surplus. The Town paid $2,500.00 for the sweeper. It was appraised for $10,000.00. Everett drove the sweeper back to the Town, saving us about $1900.00 in trucking cost.

  4. We replaced front springs on 1999 plow truck. We made the repairs ourselves. If we sent it out to a shop to repair, it would have cost the Town $800.00. Repairs made to the sand spreader and equipment trailer were also made in the shop by the Highway crew. This also saved the Town the expense of sending it out to be repaired.


  1. Jeri asked about dog enumerations and said they have not been started and asked what was going on. Mike said he would contact Mike Ellis to find out just what he is doing about the enumerations. Betty said that maybe after the weather clears up things would get started again. Jeri asked that maybe the Board could get a once a month report from Dog Control Officer to keep us up to date.


  1. Mike read the CEO report for the month of February.


Mike said he went to a conference for the NYS Association of Counties and that he was trying to get together a coalition against the continuous State unfunded mandates that is being passed down to the Towns and Counties. Mike said that about 25 to 30 heads of Counties were extremely interested in what he had to say. Together they presented their plan to the NYSAOC director, who was very responsive.

  1. Mike said that there was a meeting in Delhi last week. Gov. Cuomo’s representative did the presentation. She said there were no tax increases in his new budget. Mike told her there were no because all of the increases were passed down to the Towns and Counties. (another unfunded mandate from the State) Mike also said the Governors’ Office wants to stop all plea-bargaining in the County and Town courts and send all fines to the State. This will destroy the local courts in most of the towns. (another unfunded mandate from the State)

  2. Mike said that the Emergency services has received 3.4 million in grants but over a 2 year period has received over 5 million in grants. The project will cost 10 million to do and these grants do help. (another unfunded mandate from the State)

  3. Mike spoke on the County Medical Examiner. The ME told the County that he wanted to retire a year ago, due to size of the county and being on call 24/7. The County advertised in several venues, both local and national. There was only a minimal response to the ads. The County has been debating whether to go back to a coroner type system or continue with the ME set-up. If we went back to a coroner system, we would need the legislature from the State to pass a bill authorizing it. We finally found a doctor locally who was willing to do it part time. This would enable the two doctors to split the time and duties between each other. The doctor who wanted to retire was agreeable to this and now would not mind staying on the job.

  4. Mike said the County passed a resolution in Opposition to the New York State Safe Act. This is the law that Gov. Cuomo had passed that would turn tens of thousands of legal gun owners into felons if they do not register specific types of rifles. This law also mandates that all the Counties keep records and must do background checks every five years on all who register. The Counties will not be compensated monetarily for any of these changes. (another unfunded mandate from the State)


  1. Upon the recommendation of the Town Supervisor; the Town hold a public hearing on April 3, 2013 at 7:30 p.m. at the Masonville Town Hall. The purpose of said hearing will be to discuss The Right to Farm Law. So moved by Betty Scott, seconded by Jeri Brayman, all in favor carried.


Resolution # 11- Opposition to the New York State Safe Act (right to bear arms)

So moved by Craig DuMond, seconded by Betty Scott, all in favor carried. Copy Attached

Motion by Betty Scott to pay all audited bills, seconded by Jeri Brayman, all in favor carried.


26. Edson Jones 80.00

27. Tammy Byrnes 35.00

28. Susan Earl 35.00

29. Dorothy Esposito 35.00

30. By the Books 779.33

31. Frontier 92.56

32. The Walton Reporter 8.16

33. Selective 84.00

34. NYSEG 246.57

35. NYSEG 823.74

36. Edson Jones 100.00

37. The Walton Reporter 8.16

38. Time Warner Cable 341.39

39. Paraco 659.53

40. Laing Trucking 35.00

41. Time Warner Cable 341.54

42. Laurie Burpoe 600.00

43. Empire Computer 321.50

44. Mike Spaccaforno 208.45

45. Joe Reynolds 113.12




34. Cobra Industries 166.08

35. Fastenal 198.89

36. McAdams 96.80

37. Unadilla Bolt & Nut 91.87

38. Jess F. Howes 37.77

39. Kimball Midwest 279.30

40. Cook Brothers Truck Parts 3.11

41. Allied Spring & Services 1222.04

42. Steel Sales Inc. 494.52

43. Champlain Oil Co. 115.37

44. Mirabito 7027.62

45. NYS Office of General Services 2500.00

46. Dags Auto Parts 62.74

47. D&D 3.38

48. G&L Auto Supply 225.97

49. Tepco 10.00

50. Utica Mack 1070.77

51. John F. Winn 191.44



The Meeting was adjourned at 7:55 p.m.



Walker, Town Clerk


1890 State Highway 206 Web Site-

Masonville, NY 13804

Phone: 607-265-4010

Fax: 607-828-4025

DATE: 06/MARCH/2013




WHEREAS, the Second Amendment to the Constitution of the United States states:

A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed; and

WHEREAS, the right of the people to keep and bear arms for defense of life, liberty, and property is regarded as an inalienable right by the people of Delaware County and the Town of Masonville; and

WHEREAS, the lawful ownership of firearms is, and has been, a valued tradition in the Town of Masonville, and the rights protected by the Second Amendment to the United States Constitution are exercised by many of our residents and visitors; and

WHEREAS, it is estimated that over 60 million individuals, representing over half of the households in America, have chosen to exercise that right by owning one or more firearms; and

WHEREAS, gun bans, registration, and licensing of firearms and their owners, has had little or no effect in such urban areas such as New York City, California, Chicago and Washington, D.C. and has not prevented violent criminals from obtaining firearms illegally and committing crimes; and

WHEREAS, the people of Masonville derive economic and environmental benefits from all safe forms of recreation involving firearms, including, but not limited to, hunting and target shooting while utilizing all types of firearms available under the Constitution of the United States; and

WHEREAS, members of the Masonville Town Board, being elected to represent the people of Masonville, are duly sworn by their oath of office to uphold the Constitution of the United States; and

WHEREAS, members of the New York State Assembly and the New York State Senate, being elected by the people of New York State, are duly sworn by their oath of office to uphold the Constitution of the United States; and

WHEREAS, the enactment of the NY SAFE Act (Chapter I of the Laws of 2013) has engendered significant controversy over both the process by which it was enacted and certain provisions contained within it; and

WHEREAS, it is our understanding that many State Legislators had less than an hour to read the legislation, which contained approximately twenty-five thousand words, before being forced to vote on it; and

WHEREAS, having reviewed the legislation and time constraints, it is our conclusion that there is no possible way any individual could have read the entire bill and understood its full implications prior to voting on it; and

WHEREAS, our State Legislators most certainly could not have had the time to request, and receive, the input of their constituents regarding this matter; and

WHEREAS, this legislation has 60 sections, of which only three take effect immediately and in our opinion, there was no reason for the Governor to use a message of necessity to bring this bill to vote immediately and bypass the three-day maturing process for all legislation; and

WHEREAS, law-abiding gun owners are required to verify ownership of certain types of firearms every five years, in addition to registering them on their permits, which now also must be renewed every five years, does not increase the safety of the public and is unnecessarily burdensome to the residents of New York State; and

WHEREAS, there will be a significant negative financial impact due to the approximately 14,000 Delaware County permits that will have to be renewed requiring additional manpower and computer systems and is another un-funded mandate; and

WHEREAS, this legislation prohibits the sale of firearm magazines with a capacity larger than seven rounds. Those firearm magazines with a capacity larger than seven rounds, which are authorized to be retained by existing owners, may only be loaded with seven rounds and eventually must be permanently altered to only accept seven rounds or be disposed of, thus constituting a seizure of legally-owned personal property with no provision for compensation; and

WHEREAS, few or no low capacity (7 rounds or less) magazines currently exist for many of the firearms commonly possessed by law-abiding residents of New York State; and

WHEREAS, Governor Cuomo has proposed spending $36 million dollars in his 2013- 2014 Executive budget for the implementation of the NY SAFE Act at a time when New York State residents are crying out for tax relief; and

WHEREAS, Delaware County Sheriff Tomas E. Mills has said that he "fully understands his constitutional obligations and the concerns of his citizens" and further states "under this new legislation, if called upon to go door to door to confiscate newly classified assault weapons, will not do so"; and

WHEREAS, while there are some areas of the legislation such as privacy protections for certain of pistol permit holders, by-and-large, we find the legislation does little more than negatively impact lawful gun ownership; and

WHEREAS, this legislation fails to offer any meaningful solutions to gun violence and places increased burdens where they do not belong, squarely on the backs of law-abiding citizens. This legislation effectively turns countless New York State law-abiding gun owners into criminals; and

WHEREAS, the manner in which this legislation was brought forward for vote in the State Legislature is deeply disturbing to the Masonville Town Board; and

NOW, THEREFORE, BE IT RESOLVED that the Masonville Town Board does hereby oppose, and request the repeal of, any legislation, including the sections within the NY SAFE Act (Chapter I of the Laws of 2013), which infringe upon the right of the people to keep and bear arms; and

BE IT FURTHER RESOLVED that the Masonville Town Board considers such laws to be unconstitutional and beyond lawful legislative authority granted to our State representatives; and

BE IT FURTHER RESOLVED that the Masonville Town Board strongly encourages members of the New York State Legislature to hold public hearings to address the issue of gun violence in a way that will produce meaningful results; and

BE IT FURTHER RESOLVED that the Masonville Town Board requests the members of the New York State Senate and Assembly who represent all, or part of, Delaware County to reply, in writing, with their views on, and actions taken, in support of, or opposition to, the NY SAFE Act; and

BE IT FURTHER RESOLVED that a copy of this resolution be sent to President Barack Obama, Vice President Joseph Biden, Governor Andrew Cuomo, Senator Charles Schumer, Senator Kirsten Gillibrand, Congressman Chris Gibson, New York State Majority Coalition President and Leader Dean Skelos, New York State Senator Jeffrey Klein, New York State Senators James Seward, John J. Bonacic, Assembly Speaker Sheldon Silver, New York State Assembly Minority Leader Brian Kolb, New York State Senate Assembly members Cliff Crouch, Claudia Tenney , and Peter Lopez.