PUBLIC HEARING – AUGUST 11, 2008

LOCAL LAW NO. 3 OF THE YEAR 2008

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

TOWN OF CHAZY
NOTICE OF PUBLIC HEARING
August 11, 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 11^th day of August in the year 2008 at 7:00 o’clock p.m. in the evening of that day on proposed Local Law establishing a No Parking zone on the Gonyea Rd in Sciota.

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: July 14, 2008 TOWN OF CHAZY (S) ___Leo J. Oliver___________
By: Leo J. Oliver
Town Clerk

Proof of notice having been furnished, the public hearing to consider a new proposed local law establishing a No Parking regulation along the bounds of the Gonyea Road, 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 7:01 PM.

DATE: August 11, 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 (X) ( )

Councilor - Jerry Deno (X) ( )

Councilor - Cathy Devins (X) ( )

Councilor - Donald J. Trombly (X) ( )

Clerk - Leo J. Oliver ( ) (X)

Attorney - William Favreau (X) ( )

Hwy. Supt. - Richard Lewis (X) ( )

Alt. Clerk - Susan Patnode (X) ( )

OTHERS PRESENT: T. Dashnaw, R. Peterson, J. Bosley, T. Sears, J. Kanoza and J. Ross.

CALL MEETING TO ORDER

Supervisor Staub Spiegel called the 08/11/08 Regular Town Board meeting to order at 7:02 PM.

MINUTES

Councilor Donald Trombly made a motion that the minutes of the 07/14/08 regular Town Board meeting and the 07/04/08 Work Session meeting be approved as submitted by the Town Clerk, seconded by Councilor Cathy Devins.

5 ayes, 0 noes. Motion carried. Ayes - Councilor Christopher Latremore, 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 June monthly reports submitted to Board for review and filed.

The DCO, David Underwood, July monthly report submitted to Board for review and filed.

PUBLIC COMMENT

RENEE’ PETERSON

Reneé Peterson asked if the chlorine level in the Town water could be lowered. Water Supt. David Siskavich will check it out.

JAMES BOSLEY

James Bosley was introduced to the Board as the person that will be entering GIS mapping data.

HEALTH DEPT. ON FLUORIDE

John Kanoza and Judy Ross of the Clinton County Health Department gave a presentation about adding fluoride in Town water. Also noted, that grants could be available.

ATTORNEY FOR THE TOWN REPORT

Attorney William Favreau discussed:

· The Gonyea Road No Parking Law.

· The $2,000.00 DEC fine assessed to Sewer Supt. David Siskavich and the possibility of an added $8,000.00 fine if the required building at the sewer plant is not finished by 10/31/2008 and a maintenance manual not completed by 09/30/2008.

· The issue of reimbursement to the Town for payment of the Sara Gonyo sewer hookup problem. Bernier Carr has agreed to the reimbursement.

· Having receiving information back from Pittsburgh Tank and that he was satisfied with what he received.

HIGHWAY SUPERINTENDENT REPORT

Highway Supt. Richard Lewis reports:

· About the possible sale of surplus trailer for reasonable price of $1,000 and requests approval to sell.

· The Parker Road has been paved.

· The Ratta Road has yet to be paved. Uncertain how much will be done because of costs of black top.

· Mowing of roadsides is being done.

· Having wood from Miners woods from storm damage.

· The need of a new generator for aux. power with auto start.

BID OPENING/SALE OF SURPLUS OFFICE EQUIPMENT

One bid was received and opened for the surplus office equipment. The one bid received from Scott Bechard was for three (3) computers and two (2) printers for a total of $325.00. The decision to accept the bid was tabled as the cost of cleaning the hard drives at $300.00 and the advertisement $33.95 for a total cost of $333.95 is more than the bid. If the cost of cleaning the hard drives cannot be reduced, then the Town will look into other ways of disposing of the equipment.

LOCAL LAW NO. 3 OF THE YEAR 2008/A LOCAL LAW ESTABLISHING A NO PARKING REGULATION ALONG THE BOUNDS OF THE GONYEA ROAD

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esolution No. 90 - 08/11/2008

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

Any Discussion -

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

WHEREAS, the Town Board having called a public hearing on June 9, 2008, notice of which was given by publication thereof in the official newspaper of said Town 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 establishing a No Parking Regulation along the bounds of the Gonyea Road.

TOWN OF CHAZY

Local Law No. 3 of the Year 2008

A LOCAL LAW OF THE TOWN OF CHAZY ESTABLISHING A NO PARKING REGULATION ALONG THE BOUNDS OF THE GONYEA ROAD

WHEREAS, the Town Board of the Town of Chazy is concerned that the shoulder areas along Gonyea Road in the vicinity of Sciota Park within the Town remain free and clear for the safety of local residents, users of Sciota Park and the general public; and

WHEREAS, from time to time the Town Board of the Town of Chazy has been informed that vehicles are parked along Gonyea Road within the vicinity of Sciota Park in the Town of Chazy, resulting in a congested unsafe condition; and

WHEREAS, it has been determined to be in the best interest of the Town, to allow for the regulation and enforcement of No Parking stipulations in and about shoulder areas located on the Gonyea Road within the Town of Chazy;

NOW, BE IT ENACTED by the Town of Chazy as follows:

Section I VEHICLE PARKING:

Parking shall be prohibited along certain shoulder and paved areas of the Gonyea Road in the vicinity of Sciota Park within the Town of Chazy, which areas are more particularly described as follows:

1) There shall be no parking along the northeasterly bounds of Gonyea Road commencing from the intersection of the northeasterly bounds of Gonyea Road with centerline of the Miner Farm Road, and thence extending along the northeasterly bounds of Gonyea Road in a northwesterly direction a distance of 468’ +feet.

2) There shall be no parking along the southwesterly bounds of Gonyea Road from the intersection of the southwesterly bounds of Gonyea Road with the northwesterly bounds of Miner Farm Road, traveling in a northwesterly direction along the southwesterly bounds of the Gonyea Road a distance of 895’feet.

Park or parking for purposes of this statute is hereby defined as “the stopping, standing or parking of a vehicle whether occupied or not for any purpose”.

Section II SEVERABILITY:

If any provision of this Local Law is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this Local law shall remain in full force and effect.

Section III REPEAL OF PRIOR ORDINANCES OR LAWS:

All ordinances or laws, or parts of ordinances or laws of the Town of Chazy, inconsistent with the provisions of this Law, are hereby repealed, provided however, that such repeal shall be only to the extent of such inconsistency, and in all other respects this Law shall be in addition to the ordinances or laws regulating and governing the subject matter covered by this law.

Section IV PENALTY FOR VIOLATIONS:

Any violation of this Law shall be a traffic infraction, Any person(s) violating any provision of this Law, shall be punishable for the first offense by a fine of not more than Fifty Dollars ($50.00); on the second offense by a fine of not more than One Hundred Dollars ($100.00), or imprisonment for not more than fifteen (15) days. The third or any subsequent offense within one year shall be punishable by a fine not exceeding One Hundred Fifty Dollars ($150.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment.

Section V EFFECTIVE DATE:

This Law shall be in full force and effect upon its approval and filing with the New York State Secretary of Stale.

RESOLUTION THAT T/J DUNLOP AND T/J GAGNIER ANNUAL 2007 REPORTS WHERE REVIEWED

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esolution No. 91 - 08/11/2008

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

Any discussion -

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

WHEREAS, the State of New York Unified Court System requires a resolution acknowledging that the 2007 annual reports from both T/J Dunlop and Gagnier were reviewed by the Chazy Town Board; and

WHEREAS, the minutes of the February 11, 2008 shows that both judges 2007 annual reports were reviewed by the board;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby verify that the 2007 annual reports of T/J Robert Dunlop and T/J James Gagnier were reviewed by the Chazy Town Board at the regular Town Board meeting held on February 11, 2008 as noted in the minutes of that date.

RESOLUTION AUTHORIZING SALE OF DUAL AXLE EQUIPMENT TRAILER

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esolution No. 92 - 08/11/2008

Councilor Christopher Latremore made a motion to adopt the following resolution, seconded by Councilor Jerry Deno.

Any discussion –

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

WHEREAS, a single bid of $501.00 was received and determined to be to low at the June 9, 2008 meeting for a surplus dual axle equipment trailer; and

WHEREAS, an offer of $1,000.00 has since been received from Michael Boulerice; and

WHEREAS, Hwy. Supt. Richard Lewis requests acceptance of the offer;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize Hwy. Supt. Richard Lewis to accept an offer of $1,000.00 for a surplus dual axle equipment trailer from Michael Boulerice.

RESOLUTION AUTHORIZING PURCHASE OF GIS SOFTWARE

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esolution No. 93 - 08/11/2008

Councilor Christopher Latremore made a motion to adopt the following resolution, seconded by Councilor Jerry Deno.

Any discussion – The expense should come out of Water and Sewer District funds as well as General funds.

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

WHEREAS, Planning Board Chairman, Thomas Dashnaw, requests that the Town of Chazy purchase GIS software; and

WHEREAS, it can be purchased from ESRI, Inc. per New York State Contract;

NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize the purchase of GIS software for $1,244.00 from Environmental systems Research Institute, Inc., 380 New York Street, Redlands, CA 92373-8100, pricing & terms per New York State Contract, PT63832, payment to be split between General, Water & Sewer District Funds.

RESOLUTION AUTHORIZING GIS DATA ENTRY BY JAMES BOSLEY

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esolution No. 94 - 08/11/2008

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

Any discussion -

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

WHEREAS, Planning Board Chairman, Thomas Dashnaw, recommends James V. Bosley to enter GIS data as a student intern that was previously authorized is not available;

NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize that the Supervisor contract James V. Bosley, 27 Jarvis Rd., Peru, NY 12972 to enter GIS data for the Town of Chazy for $3,500.00 previously authorized by Resolution No. 59 – 04/21/2008.

RESOLUTION AUTHORIZING REIMBURSEMENT TO JASON GOODSPEED

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esolution No. 95 - 08/11/2008

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

Any discussion -

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

WHEREAS, Jason Goodspeed fixed horseshoe pits at George E. Deno Memorial Park for $38.44; and

WHEREAS, Supervisor Staub Spiegel, requests that he be reimbursed;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize that Jason Goodspeed be reimbursed $38.44 for fixing the horseshoe pits at George E. Deno Memorial Park (West Chazy Rec. Park).

RESOLUTION AUTHORIZING PITTSBURGH TANK & TOWER CO. INC. TO PROVIDE SIGNS, SCREEN AND CLEAN WATER TANK

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esolution No. 96 - 08/11/2008

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

Any discussion -

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

WHEREAS, Bernier & Carr recommend installing a “Confined Space Entry” sign; and

WHEREAS, Bernier & Carr recommend installing a “Fall Protection” sign; and

WHEREAS, Bernier & Carr recommend having a new screen installed on the overflow to prevent the ingress of contaminants into the water supply in accordance with TSS; and

WHEREAS, two quotes for cleaning the tank, were received, one from Pittsburgh Tank & Tower Co. Inc., at $4,200.00 and one from Kessler Tank Co. for $4,600.00;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize Supervisor Staub Spiegel to enter into contract with Pittsburgh Tank & Tower Co. Inc., at the lower quote of $4,200.00 to furnish all labor, materials, equipment and insurance necessary to complete the clean out of the 200,000 Gallon Sphere tank in order to more accurately determine the condition of the interior floor as well as prevent contamination issues associated with the excessive sedimentation buildup; and further

RESOLVED, that Pittsburgh Tank & Tower Co. Inc. will also provide and post a “Confined Space Entry” sign for $25.00, a “Fall Protection” sign for $25.00 and provide and install a new screen on the overflow to prevent the ingress of contaminants into the water supply in accordance with TSS for $550.00.

AUTHORIZING NEIL CAREY TO SURVEY CHAZY TOWN HALL PROPERTY

A resolution authorizing Neil Carey to survey the Chazy Town Hall property was tabled until a cost estimate was received.

2008 BUDGET TRANSFERS

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esolution No. 97 - 08/11/2008

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

5 ayes, 0 noes. Motion carried. Ayes - Councilor Christopher Latremore, 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 2008 budget transfers:

From: Amount: To:

1990.01.004.00 Contingent $736.00 1620.01.001.16 Part Time

1990.01.004.00 Contingent $33.00 5680.01.004.00 Truck

7140.05.002.39 Gn. Bld. Type Cap Rs. $5,357.00 5031.01.000.00 Transfer

5031.01.000.00 Transfer $5,357.00 7140.01.002.39 Rec. Pk. Bld.

1990.01.004.00 Contingent $47.00 7510.01.004.21 Supplies

1990.01.004.00 Contingent $35.00 1670.01.004.23 Serv. Contract

PAYMENT OF CLAIMS

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esolution No. 98 - 08/11/2008

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

5 ayes, 0 noes. Motion carried. Ayes - Councilor Christopher Latremore, 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 for abstract No. 8 totaling $68,520.77:

General Fund claims #257 – 281, in the amount of $13,325.61

18091 – 18093, 18095

Highway Fund claims #136 – 149, in the amount of $40,842.26

18090, 18092 - 18094

Light Districts claim #14, 15 in the amount of $2,870.17

Sewer District claims #76 – 84, in the amount of $5,590.54

10741074 – 10761076

Water District claims #59 – 67, in the amount of $3,680.63

1076 - 1078

T & A claims #7364 – 7368, 7380, 7401 in the amount of $2,211.56

RESOLUTION CORRECTING RESOLUTION NO 76 – 07/14/2008

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esolution No. 99 - 08/11/2008

Councilor Jerry Deno made a motion to adopt the following resolution, seconded by Councilor Christopher Latremore.

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

WHEREAS, Resolution No. 76 – 07/14/2008 was incorrectly worded as having been requested by Hwy. Supt. Richard Lewis;

NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize that the wording of resolution no. 76 – 07/14/2008 be corrected to show that Local Law No. 3/No Parking Gonyea Road was requested by the Town Board and not Hwy. Supt. Richard Lewis.

RESOLUTION AUTHORIZING PURCHASE OF GENERATOR FOR THE HIGHWAY GARAGE USING GENERAL EQUIPMENT TYPE CAPITAL RESERVE FUNDS SUBJECT TO PERMISSIVE REFERENDUM

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esolution No. 100 - 08/11/2008

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

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

WHEREAS, the Hwy. Superintendent, requests authorization to use up to $20,000.00 of General Equipment Type Capital Reserve Funds to purchase a new generator for the Highway Garage;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the Hwy. Superintendent to purchase a new generator for the Town Garage for up to $20,000.00, of which would come from the General Equipment Type Capital Reserve Fund, subject to permissive referendum; and

FURTHER RESOLVED, that the Town Clerk advertise, in the Press-Republican a notice of adoption of resolution subject to permissive referendum, authorizing use of General Equipment Type Capital Reserve Funds to purchase a new generator not exceeding $20,000.00.

ADJOURNMENT

Councilor Cathy Devins made a motion, seconded by Councilor Jerry Deno to adjourn the 08/11/08 Regular Town Board meeting at 8:45 PM.

As submitted by Susan Patnode alternate Clerk of the Board.

Respectfully yours,

Leo J. Oliver

Leo J. Oliver

Clerk of the Board