DATE: May 8, 1995 KIND OF MEETING: Regular Town Board Meeting

PUBLIC HEARING – APRIL 14, 2008

LOCAL LAW NO. 2 OF THE YEAR 2008

A legal notice was placed in the official newspaper as follows:

TOWN OF CHAZY
NOTICE OF PUBLIC HEARING
April 14, 2008

PLEASE TAKE NOTICE that the Town Board of the Town of Chazy will hold and conduct a Public Hearing at the Town Hall of the Town of Chazy located on 9631 Route 9 in the Town of Chazy, Clinton County, New York, on the 14^th day of April in the year 2008 at 7:00 o’clock p.m. in the evening of that day on a proposed local law to amend Local Law No. 3 – 07/09/2007, to safeguard potable water supplies from potential contamination by preventing back flow from a water user’s system into the public water system.

PLEASE TAKE FURTHER NOTICE that at said Public Hearing, to be held at a time and place set forth above, the Town Board shall consider the proposed Local Law and hear all persons interested thereon concerning same.

Dated: March 10, 2008                                               TOWN OF CHAZY                                                                                                                                                                                                                                                                                         Leo J. Oliver___________________
                                                                                    By:       Leo J. Oliver
                                                                                                Town Clerk

Proof of notices having been furnished, the public hearing to consider a new proposed local law to amend Local Law No. 3 – 07/09/2007, to safeguard potable water supplies from potential contamination by preventing back flow from a water user’s system into the public water system, was called to order at 7:00 PM by Supervisor Staub Spiegel.

Supervisor S. Spiegel asked for any questions or comments on the proposed new Local Law.

No comments or questions were asked.

All persons desiring to be heard were heard.

Supervisor S. Spiegel closed the public hearing at 7:03 PM.

DATE: April 14, 2008 KIND OF MEETING: Regular Town Board Meeting

WHERE HELD: Chazy Town Hall PRESIDING OFFICER: Staub Spiegel

Supervisor

MEMBERS PRESENT: MEMBERS ABSENT:

Councilor - Christopher Latremore Clerk - Leo J. Oliver

Councilor - Cathy Devins Councilor - Jerry Deno

Councilor - Donald J. Trombly

Attorney - Heidi Dennis for William Favreau

Hwy. Supt. - Richard Lewis

Alt. Clerk - Susan Patnode

OTHERS PRESENT: R. West, T. Dashnaw, R. Peterson, S. Rasco and S. Castine

CALL MEETING TO ORDER

Supervisor Staub Spiegel called the 04/14/08 Regular Town Board meeting to order at 7:04 PM.

MINUTES

Councilor Donald Trombly made a motion that the minutes of the 03/10/08 regular Town Board meeting be approved as submitted by the Town Clerk, seconded by Councilor Cathy Devins.

4 ayes, 0 noes, 1 absent. Motion carried. Ayes - Councilor Christopher Latremore, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel. Noes - 0. Absent - Councilor Jerry Deno,

REPORTS

The Supervisor and Town Clerk March monthly reports submitted to Board for review and filed.

T/J Dunlop and T/J Gagnier February monthly reports submitted to Board for review and filed.

PUBLIC COMMENT

None

ATTORNEY FOR THE TOWN REPORT

Heidi Dennis spoke about Kalvaitis mine.

HIGHWAY SUPERINTENDENT REPORT

Highway Supt. Richard Lewis reports:

· About last snow/ice storm and cleaning of roads.

· About heavy use of sand/salt and rebuilding salt quantity.

· That the sand pit application has been submitted and discussed the balance of sand left.

· Giving Heidi Dennis a copy of the Clinton County Highway Department and Town of Chazy agreement for snow removal, sanding and treating of County roads with specific items marked for William Favreau to review.

· Roadside cleanup has started.

TOWN COUNCIL ITEMS

COUNCILOR CHRISTOPHER LATREMORE DISCUSSED THE FOLLOWING WITH THE BOARD:

· Thanked Richard Lewis for winter clean up on roads, good job.

· Dog Control officer is doing well, good reports

· Talked about more salt in sand.

· Talked about gas pipe line branching off to Chazy etc.

· Talked about dams for possible green energy.

· Could the Minkler Road be plowed during winter, per farmer’s request?

· Talked about persistent violators of Town residents – and access of building permits.

COUNCILOR CATHY DEVINS DISCUSSED THE FOLLOWING WITH THE BOARD

· The recreation park bathrooms renovation and how it is progressing.

SUPERVISOR ITEMS

Supervisor Staub Spiegel reports:

· Receiving a letter from the Planning Board requesting the Planning Board remain at five (5) persons.

· That a Tax Website be put on the Town Website.

· An update on Pat Ayers being put on the CPTAP Committee for Real property Services. Not to be during our business hours.

· Letters sent to Rouses Point and Champlain for shared service agreement for water in case of emergency.

· Tanker trucks for water emergency to be gotten through Clinton County Emergency Services. The Town to pay costs for tanker trucks.

· Special meeting to be held April 21, 2008 at 4 pm with Bernier & Carr to discuss water and sewer issues and a wish list to be addressed.

· Anthony Guillily retiring as WC Fire Chief. To be honored on May 1, 2008 at 7:30 pm at the WC Fire House.

· Possible direct deposit for payroll.

· Discussing a letter from the Planning Board on Stove pipe height re: Steve Rasco complaint.

TOWN OF CHAZY YOUTH PROGRAM/SUMMER SWIM PROGRAM 2008

esolution No. 44 - 04/14/2008

Councilor Christopher Latremore made a motion to adopt the following resolution, seconded by Councilor Cathy Devins.

Any further discussion.

WHEREAS, the Town of Chazy and Chazy Central Rural School have agreed on a summer swim program for 2008 using the School swimming pool,

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the Town Supervisor to enter into an agreement with Chazy Central School Rural School for use of the swimming pool for the Town of Chazy Youth Swim Program’s Summer Swim Program 2008.

AUTHORIZATION FOR THE GREAT CHAZY RIVER MEMORIAL POST 1418 TO SELL BUDDY POPPIES

esolution No. 45 - 04/14/2008

Councilor Christopher Latremore made a motion to adopt the following resolution, seconded by Councilor Cathy Devins.

Any further discussion.

WHEREAS, the Great Chazy River Memorial Post 1418 requests a proclamation be signed by the Supervisor urging citizens to purchase Buddy Poppies on May 11 - 17, 2008;

NOW, THEREFORE BE IT RESOLVED, that the Chazy Town Board does hereby authorize the sale of Buddy Poppies by the Great Chazy River Memorial Post 1418 during the week of May 11 - 17, 2008; and

FURTHER RESOLVED, that Supervisor Staub Spiegel is authorized to sign the following Proclamation:

A PROCLAMATION

WHEREAS, the annual sale of BUDDY POPPIES by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by the governmental leaders since 1922, and

WHEREAS, VFW BUDDY POPPIES are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans and the widows and orphans of deceased veterans, and

WHEREAS, the basic purpose of the annual sale of BUDDY POPPIES by the Veterans of Foreign Wars is eloquently reflected in the desire to “Honor the Dead by Helping the Living”; therefore I, Staub Spiegel, SUPERVISOR of the TOWN OF CHAZY do hereby urge the citizens of this community to recognize the merits of this cause by contributing generously to its support through the purchase of BUDDY POPPIES on the days set aside for the distribution of these symbols of appreciation for the sacrifices of our honored dead.

I urge all patriotic citizens to wear a BUDDY POPPY as mute evidence of our gratitude to the men and women of this country who have risked their lives in the defense of the freedoms, which we continue to enjoy as American citizens.

(S) Staub Spiegel

Supervisor

LOCAL LAW NO. 2 OF THE YEAR 2008/A LOCAL LAW TO AMEND LOCAL LAW NO. 3 OF THE YEAR 2007 A LOCAL LAW TO SAFEGUARD POTABLE WATER SUPPLIES FROM POTENTIAL CONTAMINATION BY PREVENTING BACK FLOW FROM A WATER USER’S SYSTEM INTO THE PUBLIC WATER SYSTEM

esolution No. 46 - 04/14/2008

Councilor Donald Trombly made a motion to adopt the following resolution, seconded by Councilor Christopher Latremore.

Any further discussion

WHEREAS, the Town Board having called a public hearing on April 14, 2008, notice of which was given by publication thereof in the official newspaper of said Town at least ten days before the hearing, and the Board having duly convened and held said hearing;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby adopt the following Local Law:

TOWN OF CHAZY

Local Law No. 2 of the Year 2008

A LOCAL LAW PROVIDING FOR

BACK FLOW PREVENTION FOR WATER LAW

ARTICLE I

LEGISLATIVE INTENT

The purpose of this Local Law is to safeguard potable water supplies from potential contamination by preventing back flow from a water user’s system into the public water system. It is the intent of this Local Law to recognize that there are varying degrees of hazard and to apply the principal that the degrees of protection should be commensurate with the degrees of hazard. Further, it is the intent of the Town of Chazy, New York, to comply with the requirements of the New York State Sanitary Code. Part 5. Section 5-1-31 which said section mandates the requirement that the supplier of water protect their water system in accordance with procedures acceptable to the Commissioner of Health. These mandated requirements are as set forth in the Cross Connection Control Manual published by the New York State Department of Health (NYSDOH) and to that extent, the terms, conditions and provisions of the New York State Sanitary Code. Part 5, Section 5-1-31 and the Cross Connection Control Manual are incorporated in this Local Law by reference as if more fully stated.

ARTICLE II

CHAZY BACKFLOW PREVENTION CODE

A.) Protect the public potable water supply of the Town of Chazy from the possibility of contamination by isolating within its customer’s internal distribution system or its customer’s private water system such contaminations or pollutants which could backflow into the public water supply system.

B.) Comply with the requirements of the New York State Sanitary Code 5-1.31.

Definitions and Word Usage

For the purpose of this Article, unless it is plainly evident from the context that different meaning is intended, certain terms used herein are defined as follows:

Air Gap Separation - A physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, and in no case less than one (1) inch.

Approved Check Valve - A check valve that seats readily and completely. It must be carefully machined to have free-moving parts and assured water tightness. The face of the closure element and valve seat must be bronze, composition or other non-corrodible material, which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be bronze or other non-corrodible, non-sticking material, machined for easy, dependable operation. The closure element (aeg. clapper) shall be internally weighted or otherwise internally equipped to promote rapid positive closure in all sizes where this feature is obtainable.

Approved Double-Check Valve Assembly - An assembly of at least two (2) independently acting approved check valves, including tightly closing shutoff valves on each side of the check valve assembly and suitable test cocks, plus connections, available for testing the water tightness of each check valve.

Approved Reduced-Pressure Principal Back-Flow Prevention Device - A device incorporating two (2) or more check valves and an automatically operating differential relief valve located between the two (2) checks, two (2) shutoff valves, and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two (2) check valves, less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between the check valves shall be less than the supply pressure. In case of leakage of either valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. To be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the device will be submerged.

Approved Water Supply - Any water supply approved by or under the public health supervision of a public health agency of the State of New York or the Town of Chazy. In determining what constitutes an “approved water supply,” the Department of Public Health of the State of New York (herein called the “State Health Department”) shall have the final judgment as to its safety and potability.

Auxiliary Water Supply - Any water supply on or available to the premises other than the town water supply.

Consumer - Any person to whom water is sold and furnished from the Town of Chazy.

Contamination - An impairment of the quality of the town water supply by the presence of any foreign substance (organic, inorganic, radiological or biological) to a degree which creates a hazard to the public health.

Cross Connection - Any unprotected connection between any part of the town waterworks system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption.

Nontoxic Substance - Any substance of a nonpoisonous nature that may create a moderate or minor hazard to the water supply system.

Person - Any natural person, firm, association, organization, partnership, trust or association of persons, joint venture, corporation or company and includes the United States, the State of New York, and the County of Clinton, any special purpose district and any officer or agent thereof.

Premises - Integrated land area, including improvements thereon, undivided by public thoroughfares or water distribution mains of the Town of Chazy and where all parts of the premises are operated under the same management and for the same purpose.

Protective Device - Any of the following devices:

1. Air gap separation

2. Approved reduced-pressure principal backflow prevention device

3. Approved double-check valve assembly.

Service Connection - Terminal end of a service connection from the town water supply at its point of delivery to the consumer. If a meter is installed, “service connection” means the downstream end of the meter. No protected takeoffs from the service line ahead of any meter or backflow protective device located at the point of delivery to the consumer shall be permitted.

Superintendent - Superintendent of Public Works of the Town of Chazy, or his authorized representative.

Town - The Town of Chazy.

Town Water Supply - Approved water supply sold and delivered to consumers’ premises through the waterworks system of the Town of Chazy.

Toxic Substance - Any substance (liquid, solid or gaseous), including raw sewage and lethal substances, that when introduced into the water supply system creates or may create a danger to the health and well being of the consumer.

“Shall” is mandatory: “may” is permissive.

Vacuum Breaker - Pressure Type and Non-Pressure Type - A vacuum breaker which can only be used for internal plumbing control and, therefore, is not acceptable as a containment device.

Water Consumer - The term “water consumer” means the consumer or a person on the premises charged with the responsibility of complete knowledge and understanding of the water supply piping within the premises and for maintaining the consumer’s water system free from cross connections and other sanitary defects, as required by this Local Law and all other required regulations and laws.

Certified Back Flow Prevention Device Tester - The term “certified back flow prevention device tester” is an individual who has successfully completed a New York State Department of Health approved course in the testing of back flow prevention devices and has been issued a certificate by the New York State Department of Health.

ARTICLE III

A.) Where Protection is Required - The water system shall be required to maintain a degree of protection commensurate with the degree of hazard regardless of whether the hazard is immediate of potential. To that extent, the Cross Connection Control Manual published by NYSDOH shall be used, as a guide, to determine where protection is required. It shall be the responsibility of the water user to provide and maintain such required protection devices and such devices shall be of a type acceptable to the New York State Department of Health.

B.) Type of Protection - The protective device required shall depend on the degree of hazard as tabulated below:

1) At the service connection to any premises where there is an auxiliary water supply handled in a separate piping system with no known cross connection, the public water supply shall be protected by an approved reduced pressure zone device.

2) At the service connection to any premises on which a substance that would be objectionable (but not necessarily hazardous to health if introduced into the public water supply) is handled so as to constitute a cross connection, the public water supply shall be protected by an approved double check valve assembly.

3) At the service connection to any premises on which a substance of unusual toxic concentration or danger to health is or may be handled: (but not under pressure), the public water supply shall be protected by an air gap separation of an approved reduced pressure zone back flow prevention device. If an air gap is installed, it shall be located as close as practical to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible.

4) At the service connection to any premises on which any material dangerous to health, or toxic substance and toxic concentration, is or may be handled under pressure, the public water supply shall be protected by an approved reduced pressure zone device and it shall be located as close as possible to the property line.

5) At the service connection to any sewage treatment plant or sewage pumping station, the public water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the water meter and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot be reasonable met, the public water supply shall be protected by and approved reduced pressure zone back flow prevention device and it shall be located as close as possible to the property line.

C.) Frequency of Inspection of Protective Devices - It shall be the duty of the water user on any premises on account of which back flow protective devices are installed, to have competent inspections made at least once a year, or more often in instances where successive inspections indicate repeated failure. Devices shall be repaired, overhauled or replaced at the expense of the water user whenever they are found to be defective. These tests shall be performed by a qualified back flow prevention device tester and all test results will be provided to the water user within 72 hours after the test is made. Records of such tests, repairs and overhaul shall also be kept and made available to the water user and the local health department upon request. One copy of the report shall be sent to the Town and one copy to the local health Department.

D.) Auxiliary Water Supply.

(1) If the auxiliary water supply is handled in a separate piping system with no known cross connection, the town water supply shall be protected by an approved double check valve assembly installed at the service connection to the premises. When the auxiliary water supply may be contaminated, the Superintendent may order the town water supply protected by an air gap separation or an approved reduced-pressure principal backflow prevention device installed at the service connection to the premises. When the auxiliary water supply may be contaminated the Superintendent may order the town water supply protected by an air gap separation or an approved reduced-pressure principal backflow prevention device installed at the service connection.

(2) If the auxiliary water supply is handled in a separate piping system and cross connections are known to exist between the town water supply and the auxiliary water supply which cannot presently be eliminated, the town water supply shall be protected by an approved reduced-pressure zone device at the service connection to the premises. When the auxiliary supply may be contaminated, the Superintendent may order the town water supply protected by an air gap separation installed at the service connection.

E.) Toxic or Hazardous Substances - Should a facility be rated hazardous, a reduced-pressure zone device would be required independent of a separate system handling the auxiliary water system. We would also require a reduced-pressure zone device if the facility were rated “nonhazardous” and the auxiliary water system did not meet the water quality requirements of the Sanitary Code.

F.) Nonhazardous Substances - At the service connection to any premises on which a substance that would be objectionable (but not necessarily hazardous to health) if introduced into the town water supply is handled in such a manner as to constitute a cross connection, the town water supply shall be protected by an approved double-check valve assembly.

G.) Nonhazardous to Hazardous - In the event that a facility is rated nonhazardous and on such a date becomes hazardous, notification of at least thirty (30) days shall be given to the Superintendent before the change takes place. Protection by the use of a reduced pressure zone device as required premises using on hazardous substances must be installed within 30 days of change in status.

H.) Sewage Treatment Plant and Pumping Stations - At the service connection to any sewage treatment plant or sewage pumping station, the town water supply shall be protected by an air gap separation. The air gap shall locate as close as practicable to the service connection, and all piping between the service connection and receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the town water supply shall be protected with an approved reduced-pressure principal backflow prevention device, provided that this alternative is acceptable to the Superintendent. A final decision will be provided by the Town of Chazy with consultation with NYSDOH.

I.) Fire System - At the service connection to any premises in which a fire protection system is installed, the town water supply shall be protected based on the water source and arrangement of supplies in accordance with the following classifications.

* Please note that to following class system is used only as guidance by the NYSDOH*.

(1) Class 1.

(a) Source: Direct connection from public water mains only; no pumps, tanks or reservoirs; no physical connections from auxiliary water supplies; no antifreeze or other additives of any kind; all sprinkler drains discharging to atmosphere, dry wells or other safe outlets.

(b) Protection: Single-check valve assembly if not already installed in the system.

(2) Class 2.

(a) Source: Same as Class 1 except booster pumps may be installed in the connections from the street mains.

(b) Protection: Single-check valve assembly if not already installed in the system.

(3) Class 3.

(a) Source: Direct connection from public water supply main, plus one (1) or more of the following: elevated storage tanks; fire pump taking suction from aboveground covered reservoirs or tanks; and pressure tanks.

(b) Protection: Double-check valve assembly.

(4) Class 4.

(a) Source: Directly supplied from public mains similar to Classes 1 and 2 and with an auxiliary water supply on or available to the premises, or an auxiliary supply may be located within one thousand seven hundred (1,700) feet of the pumper connection.

(b) Protection: Air gap or reduced pressure principal backflow prevention device.

(5) Class 5.

(a) Source: Directly supplied from public mains and interconnected with auxiliary supplies, such as pumps taking suction from reservoirs exposed to contamination, or rivers and ponds; driven wells; mills or other industrial water systems; or when antifreeze or other industrial water systems; or where antifreeze or other additives are used.

(b) Protection: Air gap or reduced-pressure principal backflow prevention device.

(6) Class 6.

(a) Source: Combined industrial and fire protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks.

(b) Protection: Determined by the Superintendent upon review of engineering drawings of the system.

J.) Lawn Sprinkling Systems - At the service connection to any permanently installed lawn sprinkling system, the town water supply shall be protected by an approved double-check valve assembly. If the lawn sprinkling system handles liquid fertilizers or other chemicals, the town water supply shall be protected by an approved reduced-pressure principal backflow prevention device.

ARTICLE IV

CUSTOMER RESPONSIBILITY

It shall be the responsibility of each consumer, at his own expense, to furnish, install and keep in good working order and safe condition any and all protective devices required in this chapter. The town shall not be responsible for any loss or damage directly or indirectly resulting from or caused by improper or negligent installation, operation, use, repair or maintenance of, or interfering with, any protective device by any consumer or any other person.

ARTICLE V

MAXIMUM PROTECTION REQUIRED WHERE CONFLICTS EXIST

Whenever two (2) or more conditions exist on any premises for the correction of which different protective devices are required in this chapter, the consumer shall be required only to install the protective device which, in the opinion of the Superintendent, affords the maximum protection to the town water supply.

ARTICLE VI

INSPECTION AND RECORDS; COSTS OF REPAIR OR REPLACEMENT

The consumer on whose premises any protective device is installed shall have each such device inspected annually. If successive inspections disclose repeated failures in the operation of any device, the Superintendent may require more frequent inspections. Each device shall be repaired, overhauled or replaced at the expense of the consumer whenever it is found to be defective. Records of such tests, repairs and overhauls shall be kept and a copy of such records forwarded to the Superintendent on an annual basis. The Superintendent shall have the duty of determining that the inspections required herein are performed properly. If following demand therefore, the consumer fails to have any of the inspections made as required herein or to make the above-described records available, the Superintendent shall have the right to inspect the device, and the consumer shall pay the cost thereof.

ARTICLE VII

DISCONTINUANCE OF SERVICE

A.) No water service connection shall be installed on the premises of any consumer unless the town water supply is protected as required by this chapter.

B.) Delivery of water to the premises of any consumer may be discontinued by the Superintendent if any protective device required by this chapter has not been installed, inspected, tested and maintained or is defective or has been removed or bypassed.

C.) Discontinuance of Service.

(1) Delivery of water shall be discontinued immediately and without notice to the consumer if the Superintendent determines that:

(a) The town water supply is being contaminated or is in immediate danger of contamination;

(b) A protective device required by this chapter has not been installed or is defective or has been removed or bypassed; and

(2) Delivery of water shall not be resumed until any protective device required by this chapter and approved by the Superintendent has been properly installed or until conditions at the consumer’s premises causing the contamination or danger of contamination have been abated or corrected to the satisfaction of the Superintendent.

D.) Notification.

(1) Except as provided in Subsection C, delivery of water shall not be discontinued until written notice thereof has been given to the consumer. The notice shall state:

(a) The conditions or defects which must be corrected;

(b) The manner in which the stated conditions or defects are to be corrected and

(c) The date on or after which delivery of water will be discontinued, and which shall not be less than fifteen (15) nor more than ninety (90) days following the date of delivery or mailing of the notice. The Superintendent may grant the consumer an extension of an additional period not to exceed ninety (90) days if he determines the consumer has exercised due diligence but has been unable to comply with the notice within the time originally allowed.

(2) The notice shall be given by delivering the same to the consumer, the manager or agent thereof or any person in charge of or employed in the place of business of the consumer or, if the consumer has no place of business, than at the place of residence or the consumer, if known, or by leaving the notice at either the place of business or the residence of the consumer. If the consumer cannot be found and service of the notice shall be mailed, postage fully prepaid, addressed to the consumer at the place of business or residence set forth in the application of consumer for water service in the records of the town.

(3) Once discontinued, delivery of water shall not be resumed until any protection device required by this chapter and approved by the Superintendent has been properly installed or until the conditions at the consumer’s premises creating the need for a protective device have been abated or corrected to the satisfaction of the Superintendent.

ARTICLE VIII

RIGHT OF ENTRY FOR INSPECTIONS

For the purpose of making any inspections or discharging the duties imposed by this chapter, the Superintendent shall have the right to enter upon the premises of any consumer. Each consumer, as a condition of continued delivery to his premises of water from the town water supply shall be considered as having stated his consent to the entry upon his premises of the Superintendent for the purposes stated herein.

ARTICLE IX

PRESENTLY INSTALLED DEVICES

All presently installed prevention devices which do not meet the requirements of this chapter but were approved devices for the purposes described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under Article: Inspection & Records; Costs of Repair or Replacement, be excluded from the requirements of these rules so long as the Superintendent is satisfied that they will satisfactorily protect the town’s water supply. Whenever the existing device is moved from the present location or requires more than minimum maintenance which constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this chapter.

ARTICLE X

VIOLATIONS

A.) Violations: It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any premises in violation of any provision of this chapter or to fail in any manner to comply with a notice, directive or order of the Superintendent of Water, Sewer and Solid Waste, the Town Building Inspector or the designee of any one of them, requiring compliance with this chapter.

ARTICLE XI

PENALTIES AND RECOURSE FOR NON-COMPLIANCE

A.) No water service connection to any premises shall be installed or maintained by the water user, unless the water supply is protected as required by this Local Law and such other applicable local, state and federal laws, rules and regulations.

B.) If any facility served by a water system denies a water department person access to their premises for the purposes of determining if protection to the public water system is necessary, then the maximum protection condition shall be imposed with the requirement that the number of devices shall equal the number of service lines.

C.) The following penalties shall be applicable for violation of this Local Law:

1.) Failure to install the appropriate back flow prevention device within a prescribed time frame after first notice:

$500.00

2.) Failure to install the appropriate back flow prevention device within prescribed time frames after second notice:

Termination of Service

3.) Failure to at least annually test the back flow prevention device:

$500.00 and/or termination of water service

4.) Failure to replace or repair a back flow prevention device as required:

$1,000.00 and/or termination of water service

ARTICLE XII

REPEAL OF LOCAL LAW NO. 3 OF THE YEAR 2007

This Local Law shall supercede Local Law #3 of the year 2007, which Local Law is hereby repealed and of no further force and effect.

ARTICLE XIII

EFFECTIVE DATE

This Local Law shall take effect upon filing with the New York State Department of State.

APPLICATIONS FOR JUNK YARD LICENSE RENEWAL

esolution No. 47 - 04/14/2008

Councilor Donald Trombly made a motion to adopt the following resolution, seconded by Councilor Cathy Devins.

Any further discussion.

WHEREAS, three (3) applications for junkyard license renewals have been received, two (2) from B & B Salvage and one (1) from Alan Mooney; and

WHEREAS, Code Enforcement Officer Robert West advised that the junk yards are in compliance;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby approve the renewal of the following Junk Yard licenses:

1. B & B Salvage, for the place of business on the East side of Rte 9 South of the Hamlet of Chazy. Tax Map # 94.-1-32.1

2. B & B Salvage, for the Old Dump site on the North side of the Macadam Rd. Tax Map # 92.-1-14.1

3. Alan Mooney, for the property on Bugby Road at end of Washington Ave. Tax Map # 93.-1-41

RESOLUTION AUTHORIZING PAYROLL DIRECT DEPOSIT

esolution No. 48 - 04/14/2008

Councilor Cathy Devins made a motion to adopt the following resolution, seconded by Councilor Christopher Latremore.

Any further discussion.

WHEREAS, the Town has received requests for payroll direct deposits;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the direct deposit of payroll checks upon the request of any Town employee.

SPECIAL TOWN BOARD MEETING

esolution No. 49 - 04/14/2008

Councilor Donald Trombly made a motion to adopt the following resolution, seconded by Councilor Christopher Latremore.

Any further discussion.

WHEREAS, Supervisor Staub Spiegel requests a special Town Board meeting to meet with Engineer Bernier Carr over Water and Sewer issues;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby agree to a special Town Board meeting to be held at the Chazy Town Hall 9631 Rt. 9 on Monday April 21, 2008 at 4:00 p.m. The purpose of said meeting is to review issues of the Water and Sewer Districts with engineer Bernier Carr; and

FURTHER RESOLVED, that the Town Clerk advertise the special meeting in the official Town newspaper, the Press-Republican, to be held on Monday April 21, 2008 at 4:00 p.m. at the Chazy Town Hall.

ANNUAL MEMORIAL DAY PARADE

esolution No. 50 - 04/14/2008

Councilor Cathy Devins made a motion to adopt the following resolution, seconded by Councilor Christopher Latremore.

Any further discussion.

WHEREAS, a request was received, from Commander Steven W. Bowman, for permission to conduct the Annual Memorial Day Parade;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the Russell B. Childs Post 769, American Legion, Chazy, NY to conduct the Annual Memorial Day Parade, scheduled for Sunday, May 25, 2008 at 12:00 noon.

RESOLUTION THANKING ANTHONY GUILLILY FOR YEARS OF SERVICE

esolution No. 51 - 04/14/2008

Councilor Christopher made a motion to adopt the following resolution, seconded by Councilor Cathy Devins.

Any further discussion.

WHEREAS, Anthony Guillily is stepping down as Fire Chief for the West Chazy Fire Dept.;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby thank Anthony Guillily for his twenty one (21) years of service as Fire Chief of the West Chazy Fire Department.

2008 BUDGET TRANSFERS

esolution No. 52 - 04/14/2008

Councilor Cathy Devins made a motion to adopt the following resolution, seconded by Councilor Christopher Latremore.

Any further discussion.

RESOLVED, that the Chazy Town Board does hereby authorize the following 2008 budget transfers:

From: Amount: To:

1410.01.004.14 School $800.00 1410.01.004.21 Supplies

1620.05.004.56 Gn. Bld. Type Cap Rs. $9812.00 5031.01.000.00 Transfer

5031.01.000.00 Transfer $6069.00 1990.01.004.00 Contingent

5031.01.000.00 Transfer $3743.00 1620.01.004.56 Maint.

1110.01.002.00 Equip. $195.00 1110.01.004.48 Computer

RESOLUTION FOR CREDIT CARD PROCEDURES

esolution No. 53 - 04/14/2008

Councilor Cathy Devins made a motion to adopt the following resolution, seconded by Councilor Christopher Latremore.

Any further discussion.

WHEREAS, the Town of Chazy states that all credit cards remain in the Supervisor office;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby state that all Town of Chazy credit cards will remain in the Supervisors office unless requested for approved purchases. After a purchase is made, the credit card and the receipt will be returned to the Supervisor’s office either the same day or the next morning. Purchases will be made during the normal business hours of the Town of Chazy.

RESOLUTION TO PAY THE FOLLOWING SUPPLIERS

esolution No. 54 - 04/14/2008

Councilor Cathy Devins made a motion to adopt the following resolution, seconded by Councilor Christopher Latremore.

Any further discussion.

WHEREAS, the following bills to be paid prior to audit of the May 2007 Board Meeting;

NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby approve the payment of the following bills: Sam’s Club $397.63, St. Armand’s Service $314.75, West Auto Repair $21.00, Robert Dunlop $206.99, Finance Schooling $200.00, NAPA Auto $438.58.

RESOLUTION FOR FINANCE SCHOOL

esolution No. 55 - 04/14/2008

Councilor Cathy Devins made a motion to adopt the following resolution, seconded by Councilor Christopher Latremore.

Any further discussion.