DATE:            August 13, 2007                 KIND OF MEETING:           Regular Town                                                                                                                                  Board Meeting

 

WHERE HELD: Chazy Town Hall           PRESIDING OFFICER:      Staub Spiegel

                                                                                                                        Supervisor

 

MEMBERS PRESENT:                              MEMBERS ABSENT:

Councilor      - Marinus Rovers                                        

Councilor      - Jerry Deno

Councilor      - Cathy Devins

Councilor      - Donald J. Trombly

Clerk              - Leo J. Oliver

Attorney         - William Favreau

Hwy. Supt.     - Richard Lewis

OTHERS PRESENT:          S. Patnode, N. Coolidge, T. Dashnaw, Tpr. A. Atwood, R. West, S. & K. Rogers, J. & J. Langlois, J. Brubaker, T. Green, E. & M. Dossin, R. & K. OÕConnor, R. Bryson, L. Fortsch, and K. Mulligan.

 

CALL MEETING TO ORDER

 

Supervisor Staub Spiegel called the 08/13/07 Regular Town Board meeting to order at 7:00 PM.

 

MINUTES

 

Councilor Donald Trombly made a motion that the minutes of the 07/09/07 regular Town Board meeting be approved as submitted by the Town Clerk, seconded by Councilor Cathy Devins.

 

5 ayes, 0 noes.  Motion carried.  Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel.  Noes - 0.

 

REPORTS

 

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

 

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

 

PUBLIC COMMENT

 

            COMPLAINT OF POSSIBLE ZONING LAW VIOLATION

 

            Nina Coolidge read a prepared letter to the Board about a residential home, next           door, being rented out by a third party numerous times, sometimes on a daily    basis.  She would like the Town to address the issue, as it is creating noise,   traffic congestion and other possible health problems.

 

            Jason Langlois read letters from Robert Church and George and Rita Stevens    that also addressed the problem.

 

            Mary and Ernie Dossin, Shawn Rogers, Tom Dashnaw, William Favreau and      Robert West all further discussed the issue.

 

            Tpr. A. Atwood advised the residents to call the Troopers when a situation arises            and they will help sort out any violations.

 

ATTORNEY FOR THE TOWN REPORT

 

                        No report

 

HIGHWAY SUPERINTENDENT REPORT

 

            Highway Supt. Richard Lewis reports:

 

¯    That he would like the Board to add to the TownÕs Road Policy that a road be black topped before being accepted by the Town.

¯    Would like to have Resolution No. 68 – 07/09/07 be revised with different wording.

¯    Requests permission to go out for bid for a new back hoe.

 

AUTHORIZATION FOR HIGHWAY SUPT. TO ADVERTISE FOR BIDS ON A NEW BACK HOE

 

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esolution No. 77 - 08/13/2007

 

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

 

4 ayes, 1 noe.  Motion carried.  Ayes - Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel.  Noes - Councilor Marinus Rovers.

 

            WHEREAS, Hwy. Supt. Richard Lewis requests authorization to purchase a new            backhoe; and

 

            WHEREAS, the Town Board has already authorized the use of Highway   Equipment Type Capital Reserve Funds in the amount not to exceed $73,000.00        by passing Resolution No. 67 – 07/09/2007 for such purpose;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the Hwy. Supt. to receive bids for the purchase of a new backhoe at a cost not to exceed $73,000.00 of which would come from the Highway Equipment Type Capital Reserve Fund.

 

            FURTHER RESOLVED, that the Town Clerk advertise, in the Press Republican, a request for bids, for a new backhoe. The bids are to be opened at the regular meeting on Monday September 10, 2007 at 7:00 pm at the Chazy Town Hall.

 

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¯    Requests authorization to purchase a used 20 ton trailer for $2,500.00.

 

AUTHORIZATION TO PURCHASE A USED 20 TON TRAILER

 

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esolution No. 78 - 08/13/2007

 

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

 

5 ayes, 0 noes.  Motion carried.  Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel.  Noes - 0.

 

            WHEREAS, Hwy. Supt. Richard Lewis has found a used 20 ton trailer for sale;    and

 

            WHEREAS, he requests permission to purchase it for $2,500.00 with use of         funds from the Highway equipment account;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize Hwy. Supt. Richard Lewis to purchase a used 20 ton trailer for $2,500.00 if found to be in acceptable condition, with use of Highway equipment fund account.

 

TOWN COUNCIL ITEMS

 

            Councilor Marinus Rovers reports:

 

¯    Having gone to Sunnywood and met with owners, plus Sen. Betty Little and Assemblywoman Janet Duprey to discuss the issue of high assessment and high taxes. Also the need to get involved in shared services.

 

            Councilor Jerry Deno:

 

¯    Questioned if the Rec. Park signs had been checked on. Answer was no.

¯    Questioned if a grant could be applied for to purchase new Rec. Park equipment. To look into it.

¯    Advised that he heard that the Dog Control Officer was resigning and questioned if it were true. Not to anyoneÕs knowledge at the Town Offices.

¯    Questioned the Attorney for the Town if the Kinsley Road Bridge transfer was completed. Advised that waiting on the County.

 

            Councilor Donald Trombly:

 

¯    Asked how it was going with sidewalk cleanup in removing grass. Some of the sidewalks have been cleaned.

 

SUPERVISOR ITEMS

 

            Supervisor Staub Spiegel reports:

 

¯    The need to have the Water Tank inspected.

 

AUTHORIZATION TO HAVE THE WATER DISTRICT WATER TANK INSPECTED

 

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esolution No. 79 - 08/13/2007

 

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

 

5 ayes, 0 noes.  Motion carried.  Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel.  Noes - 0.

 

            WHEREAS, the Water District water tank needs to be inspected;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize Supervisor Staub Spiegel to enter into and sign an agreement with Pittsburg Tank and Tower Co. Inc. to inspect the Chazy Water DistrictÕs water tank for $1,300.00.

_____________________________________________________________

 

¯    Senior Citizen group requests donation from the Town for assistance with various activities. Attorney Favreau will check into the possibility of adding a budget item.

¯    Having received a request for No Parking signs along the Lake Shore Road just North of Dunn road.

¯    The possible need for actual permits to be issued when a conditional use has been approved.

¯    Historian requests an updated computer for her office. To be looked into further.

¯    Having received a letter from Mary Tisdale advising that they are having to install a new raised bed septic system and would like to know if she could look into the cost of hooking up to the Sewer District as an outside user to see if it would be cheaper.

 

RESOLUTION AUTHORIZING MARY TISDALE TO LOOK INTO THE POSSIBILITY OF BECOMING AN OUTSIDE USER OF THE CHAZY SEWER DISTRICT

 

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esolution No. 80 - 08/13/2007

 

Councilor Donald Trombly made a motion to adopt the following resolution, seconded by Councilor Jerry Deno.

 

5 ayes, 0 noes.  Motion carried.  Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel.  Noes - 0.

 

            WHEREAS, Mary Tisdale request permission to look into the cost of becoming    an outside user of the Chazy Sewer District;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby, authorize Mary Tisdale, 763 Miner Farm Road, to look into hooking up to the Chazy Sewer District sewer line, as an outside user, with all costs to be paid by her.

 

 

¯    That, there is no time limits on the present building permits and a discussion ensued as to adding some. Will check further with Code Officer.

¯    That the zoning law now permits single wide homes to be installed in hamlet commercial and would like the Planning Board to look into changing that.

¯    The TownÕs new web site is now up and running. www.townofchazy.com

 

BID OPENING OF SURPLUS EQUIPMENT

 

            One bid was received for the Konica 7033 Copier for $50.00 from Davis Ingham, 775 St. Regis Ave., Bloomingdale NY 12913.

 

BID REFUSAL

 

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esolution No. 81 - 08/13/2007

 

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

 

5 ayes, 0 noes.  Motion carried.  Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel.  Noes - 0.

 

            WHEREAS, one bid was received for the Konica 7033 copier for only $50.00;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby refuse to accept the bid from Davis Ingham, 775 St. Regis Ave., Bloomingdale, NY, as more than $50.00 can be obtained for the Konica 7033 copier.

 

ENVIRONMENTAL PROTECTION FUND ARTICLE 17-14 ENVIRONMENTAL CONSERVATION LAW NONAGRICULTURAL NONPOINT SOURCE PROJECTS MUNICIPAL RESOLUTION

 

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esolution No. 82 - 08/13/2007

 

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

 

5 ayes, 0 noes.  Motion carried.  Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel.  Noes - 0.

 

Resolution authorizing the items listed below pursuant to the Environmental Protection Fund (EPF) funding.

 

            WHEREAS, The Town of Chazy herein called the ÒMunicipalityÓ, after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the ÒProjectÓ, is desirable, is in the public interest, and is required in order to implement the Project; and

 

            WHEREAS, ECL Article 17-14 authorizes State assistance to municipalities by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith;

 

            NOW, THEREFORE, BE IT RESOLVED BY the Chazy Town Board

 

1.         That Supervisor Staub Spiegel, or such personÕs successor in office, is the           representative authorized to act in behalf of the MunicipalityÕs governing body in   all matters related to State assistance under ECL Article 17-14 The        representative is also authorized to make application, execute the State             Assistance Contract, submit Project documentation, and otherwise act for the      MunicipalityÕs governing body in all matters related to the Project and to State       assistance;

 

2.         That the Municipality agrees that it will fund its portion of the cost of the Project    and that funds will be available to initiate the ProjectÕ field work within twelve (12) months of written approval of its application by the Department of Environmental       Conservation;

 

3.         That one (1) certified copy of this Resolution be prepared and sent to the Albany            office of the New York State Department of Environmental Conservation together      with the Application for State Assistance Payments;

 

4.         That this Resolution take effect immediately.

 

            Further that this Resolution replace the previously adopted Resolution No. 68 – 07/09/2007.  

 

RESOLUTION AUTHORIZING ASSESSOR PATRICIA AYER TO ATTEND A COURSE ArcGIS

 

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esolution No. 83 - 08/13/2007

 

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

 

5 ayes, 0 noes.  Motion carried.  Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel.  Noes - 0.

 

WHEREAS, Patricia Ayer requests authorization to attend the two day course, ArcGIS I to be held in Plattsburgh, NY;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize Patricia Ayer to attend the two day course, ArcGIS I, to be held August 9 & 10, 2007 at SUNY Plattsburgh NY; and further

           

            RESOLVED, that mileage and the course fee will be paid out of her school appropriation account.

 

RESOLUTION AUTHORIZING TOWN SECRETERY SUSAN PATNODE TO ATTEND A 2007 MUNICIPAL EMPLOYER SEMINAR

 

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esolution No. 84 - 08/13/2007

 

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

 

5 ayes, 0 noes.  Motion carried.  Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel.  Noes - 0.

 

WHEREAS, Susan Patnode requests authorization to attend the 2007 Municipal Employer Seminar put on by Burnham Financial;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize Susan Patnode to attend the 2007 Municipal Employer Seminar to be held August 23, 2007 at Lake Placid Hilton, Lake Placid NY; and further

           

            RESOLVED, that mileage and the course fee will be paid out of her school appropriation account.

 

REQUEST FOR NO PARKING SIGNS / LAKESHORE ROAD / CHAZY

 

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esolution No. 85 - 08/13/2007

 

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

 

5 ayes, 0 noes.  Motion carried.  Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel.  Noes - 0.

 

            WHEREAS, Supervisor Staub Spiegel received a request for ÒNo Parking            SignsÓ            along the Lake Shore Road from Ronald Brunelle, Raymond Cash, Real       Magnum and Shawn Farrell; and

            WHEREAS, the request was that ÒNo parking signsÓ be erected along the Lake   Shore Road starting at end of Dunn Road going North near 807 Lake Shore             Road;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize that this resolution requesting the County erect ÒNo Parking SignsÓ along the Lake Shore Road from the end of Dunn Road, North near 807 Lake Shore Road, be forwarded to the Clinton County Highway Dept. to determine if it is justified.

 

AUTHORIZATION TO APPLY FOR 2007 JUSTICE COURT ASSISTANCE PROGRAM GRANT

 

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esolution No. 86 - 08/13/2007

 

Councilor Marinus Rovers made a motion to adopt the following resolution, seconded by Councilor Jerry Deno.

 

5 ayes, 0 noes.  Motion carried.  Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel.  Noes - 0.

 

            WHEREAS, T/J Robert Dunlop requests permission to apply for a grant from the             2007 Justice Court Assistance Program for a new updated computer;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize T/J Robert Dunlop to apply for a grant from the 2007 Justice Court Assistance Program for a new updated computer for the Town Court.

 

RESOLUTION AUTHORIZING THE PURCHASE OF DIESEL FUEL AT STATE CONTRACT PRICES

 

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esolution No. 87 - 08/13/2007

 

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

 

5 ayes, 0 noes.  Motion carried.  Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel.  Noes - 0.

 

            WHEREAS, Vaincourt Fuels of Malone, NY will supply diesel fuel at State            contract prices;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the purchase of diesel fuels from Vaincourt Fuels, 4381 State Rte. 37, Malone, NY, at State Contract prices.

 

2007 BUDGET TRANSFERS

 

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esolution No. 88 - 08/13/2007

 

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

 

5 ayes, 0 noes.  Motion carried.  Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel.  Noes - 0.

 

            RESOLVED, that the Chazy Town Board does hereby authorize the following 2007 budget transfers:

 

From:                                                              Amount:                     To:

                                                                                   

5132.05.002.00 Gen. Const. Type Cap R. $55.00        5031.01.000.00 Transfer

5031.01.000.00 Transfer                             $55.00         5132.01.002.00 T/Gar.

1990.01.004.00 Contingent                        $11.00         1110.01.004.19       Fax.

1990.01.004.00 Contingent                        $54.00         1670.01.004.58 Paper

1990.01.004.00 Contingent                      $430.00         1220.01.004.48 Computer           

                             

PAYMENT OF CLAIMS

 

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esolution No. 89 - 08/13/2007

 

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

 

5 ayes, 0 noes.  Motion carried.  Ayes - Councilor Marinus Rovers, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel.  Noes - 0.

 

            RESOLVED, that the Chazy Town Board does hereby authorize payment of the following claims:

            General Fund claims  #236-272, 17292,      in the amount of          $16,469.39

                                 17295-17298, 17300-17302

            Highway Fund claims #125-141, 17292,      in the amount of          $23,041.99

                                                           17296-17299

            Light Districts claim                     #15 & 16      in the amount of            $2,568.70

            Sewer District claims #75-83, 1043-1047     in the amount of            $4,801.95

            Water District claims #61-68, 1047-1049      in the amount of            $2,753.96

            T & A claims    #6688-6690, 6705-6706,      in the amount of            $5,562.74

                                       6718-6722, 6735 & 6736

           

ADJOURNMENT

 

Councilor Donald Trombly made a motion, seconded by Councilor Cathy Devins to adjourn the 08/13/07 Regular Town Board meeting at 10:04 PM.

 

Respectfully yours,

Leo J. Oliver

Leo J. Oliver

Clerk of the Board