DATE: August 10, 2009                  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)                              (  )

 

OTHERS PRESENT:          S. Castine, R. West, K. & T. Girard and M. M-Quiles.  

 

CALL MEETING TO ORDER

 

Supervisor Staub Spiegel called the 08/10/09 Regular Town Board meeting to order at 7:00 PM.

 

MINUTES

 

Councilor Donald Trombly made a motion that the minutes of the 07/13/09 regular Town Board meeting and 07/29/09 Special 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.

 

 

PUBLIC HEARING – AUGUST 10, 2009

LOCAL LAW NO. 1 OF THE YEAR 2009

 

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

 

TOWN OF CHAZY
NOTICE OF PUBLIC HEARING
August 10, 2009

 

            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 10th day of August in the year 2009 at 7:00 oÕclock p.m. in the evening of that day on proposed Local Law providing for the use of alternate members to the Planning Board and Zoning Board of Appeals in the Town of Chazy.

            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 13, 2009                                       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, providing for the use of alternate members to the Planning Board and Zoning Board of Appeals in the Town of Chazy, was called to order at 7:01 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 7:05 PM.

 

                                                                                                                                                           

 

REPORTS

 

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

 

T/J Dunlop & T/J Meseck-Pratt June monthly reports submitted to Board for review and filed.

 

The J.C.E.O. Community Outreach July monthly report submitted to Board for review and filed.

 

PUBLIC COMMENT

 

            DOG COMPLAINT/GIRARD REITERATED

 

Kevin and Tracey Girard of 828 Slosson Rd., West Chazy, NY appeared before the Board and reiterated their complaint of having problems with the neighborÕs dogs.    Sup. Spiegel will contact Dog Control Officer.

 

ATTORNEY FOR THE TOWN REPORT

 

Attorney William Favreau requests the Board go into Executive Session later in the meeting for potential personnel and contract litigation.

 

HIGHWAY SUPERINTENDENT REPORT

 

            Highway Supt. Richard Lewis reports:

 

á      Andrew Abdallah has been hired by Supervisor for preliminary engineering services to fulfill the requirement for applying for a grant for a salt storage building.

á      Approx. ½ mile of the Ratta Rd. and approx. 4,700 ft. of the Ridge road north to the Town line has been paved. Paving on the North Farm Road will depend on the amount of funds available.

 

TOWN COUNCIL ITEMS

 

Councilor Christopher Latremore Discussed The Following With The Board:

 

á      Update on Ingraham speed zone request. No new information available.

á      Pedestrian signs for Rt. 9 and Miner Farm road. Received permit for State Route 9, still waiting for County on Miner Farm Road.

á      Update on bath room at Chazy Rec. Park. Mostly complete. Electric entrance still to be changed over.

á      Water meter on Fiske Rd. in need of being lowered. Investigation found that it has never been used, therefore it will be removed.

á      Sidewalk growth. They have been trimmed.

á      Trees on West Church Street in West Chazy in need of removal. County Road therefore County responsibility.

á      Update on Burned out home on Miner Farm Road. Code Officer needs to take further action.

 

Councilor Jerry Deno Discussed The Following With The Board:

 

á      That the new signs at the Rec. Parks look good.

á      Tennis court at the West Chazy Rec. Park need to be sprayed for weeds along the fencing.

á      Suggests the possibility of using the old building between the ball fields as a pavilion by removing the walls if the owner, West Chazy Fire Dept., would give the building to the Town. To be looked into.

á      Would it be alright for volunteers to finish painting the buildings at the West Chazy Rec. Park as the prisoners were unable to finish. Yes.

á      The need to better notify the public of the summer swim program.

 

Councilor Cathy Devins Discussed The Following With The Board:

 

á      Water and Sewer, are there any problems? Just the continuation of the problem of brown water in the area of the MayoÕs and CoteÕs property. Supervisor will check to see if a camera could be used.

á      New bath room looks nice. Suggested a lock be placed on the doors and installation of a mirror.

 

Councilor Donald Trombly Discussed The Following With The Board:

 

á      Suggested that some kind of screening be put in place so as not to be able to see in the new bath rooms when the door is opened.

á      Repair of sidewalk on Route 9 by the underpass should be a priority.

 

SUPERVISOR ITEMS

 

            Supervisor Staub Spiegel reports:

 

á      Having received a certificate of thanks from Margaret Sweet Dodds for the Town help with the celebration of the installation of the marker at Chazy Landing at the site of the old ferry crossing.

á      Having been in contact with Altona Supervisor Larry Ross about the possible name change of the Atwood road. They were having a Town Board meeting this evening and would discuss it.

á      Having received a letter of request from Westelcom about the availability of stimulus money for upgrading broadband in the County and requested a letter of approval from the Town. One will be sent.

á      Some sidewalk repair will take place shortly in the Town.

á      Open house at the Chazy Town Hall from 9:00 am to 12:00 pm (noon) August 22, 2009.

á      Received letter from Weathercock noting they are renewing their liquor license.

á      Time to remove burned out house on Miner Farm Rd. and bill owner and if refuses to pay, then add bill to taxes.

á      The American Legion in Chazy requests the old bath room building be turned over to them for storage if the Town no longer has use for it.

 

OLD BATHROOM BUILDING TO BE GIVEN TO AMERICAN LEGION

 

Resolution:   09-93             08/10/2009

 

Motion by:      Councilor Cathy Devins

 

WHEREAS, the Town will have no more use for the old bathroom building at the Chazy Rec. Park once the electrical is transferred over to the new bathroom;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize giving the old bathroom building from the Chazy Rec. Park to the American Legion in Chazy, as long as they make arrangements for removal from the Park after the Town is finished with it.

 

Seconded by:           Councilor      Donald Trombly

 

Discussion:              None

                                                                                                            Yes                 No

Roll Call:        Christopher Latremore                             X

                        Jerry Deno                                                   X

                        Cathy Devins                                                X                   

                        Donald Trombly                                           X

                        Staub Spiegel                                              X                   

 

Carried:                     Yes

 

 

á      The survey has been completed on the Town Hall property by Dean Lashway and maps are now on file showing the boundaries of the Town Hall.

á      Having met with Mr. & Mrs. Burke, Richard West and Robert Cheeseman about the disposition of the buildings of the estate of the late Dr. George Clark. The doctorÕs office to be given to the Chazy Library, and the house to be given to the Miner Museum. The Miner Museum at this time is not sure it wants to keep it. Supervisor Spiegel asked the Board to ask around to see if the Town should be interested in the house if Miner Museum doesnÕt want it and would in turn give it to the Town. It includes $300,000.00 to go towards the maintenance of the building.

á      That Centennial Abstract found no record of the Ingraham Road ever being transferred to the Town of Chazy.

 

TOM ROBERTS JR. AS 2010 CHAZY BASEBALL COORDINATOR

 

Resolution:   09-94             08/10/2009

 

Motion by:                  Councilor Cathy Devins

 

WHEREAS, Jim Lucas has notified the Town Supervisor that he will not be able to be Chazy Baseball Coordinator for the 2010 season; and

 

WHEREAS, the position was advertised in the newspaper; and

 

WHEREAS, Tom Roberts Jr. was the only one to apply;

 

            NOW, THEREFORE, BE IT RESOLVED that Chazy Town Board does hereby appoint Tom Roberts Jr. as Chazy Baseball Coordinator for the 2010 season and will work with Jim Lucas for the remainder of the 2009 season so as to be able to take over this responsibility next year.

 

Seconded by:           Councilor Christopher Latremore

 

Discussion:              Position was advertised in paper. Tom was only one to apply.

                                                                                                            Yes                 No

Roll Call:        Christopher Latremore                             X

                        Jerry Deno                                                   X

                        Cathy Devins                                                X                   

                        Donald Trombly                                           X

                        Staub Spiegel                                              X                   

 

Carried:                     Yes

 

LOCAL LAW NO. 1 OF THE YEAR 2009/A LOCAL LAW PROVIDING FOR THE USE OF ALTERNATE MEMBERS TO THE PLANNING BOARD AND ZONING BOARD OF APPEALS IN THE TOWN OF CHAZY

 

Resolution:   09-95             08/10/2009

 

Motion by:                  Councilor Christopher Latremore

 

WHEREAS, the Town Board having called a public hearing on August 10, 2009, 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:

 

Seconded by:           Councilor Jerry Deno

 

Discussion:              Yes

                                                                                                            Yes                 No

Roll Call:        Christopher Latremore                             X

                        Jerry Deno                                                   X

                        Cathy Devins                                                X                   

                        Donald Trombly                                           X

                        Staub Spiegel                                              X                   

 

Carried:                     Yes

 

 

TOWN OF CHAZY

LOCAL LAW NO. 1 OF THE YEAR 2009

 

Providing for the use of alternate members to the Planning Board and Zoning Board of Appeals in the Town of Chazy.

 

Be it enacted by the Town of Chazy as follows:

 

 

Section 1 - Short Title and Applicability

 

Alternate Planning Board and Zoning Board of Appeal Members Act - This local law shall apply to the appointment, terms, functions and powers of alternate member appointed to serve on the Planning Board and Zoning Board of Appeals in the Town of Chazy.

 

Section 2 - Declaration of Policy

 

It is sometimes difficult to maintain a quorum on the Planning Board and Zoning Board of Appeals because members may be ill, on extended vacation or find they have a conflict of interest situation on a specific matter before such board.  In such instances, official business cannot be conducted which may delay or impede adherence to required timelines.  The use of alternate members in such instances is hereby authorized pursuant to the provisions of this local law.

 

Section 3 - Definitions

 

A.             Planning Board, means, the Planning Board of the Town of Chazy as established by the Town Board by local law or ordinance pursuant to the provisions of ¤271 of the Town Law.

 

B.             Zoning Board of Appeals, means the Zoning Board of Appeals of the Town of Chazy as established by the Town Board by local law or ordinance pursuant to the provisions of ¤267 of the Town Law.

 

C.            Regular Member, means an individual appointed by the Town Board to serve on the Town Planning Board or Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Planning Board or Zoning Board of Appeals.

 

D.            Alternate Member, means an individual appointed by the Town Board to serve on the Town Planning Board or Zoning Board of Appeals when a regular member is absent or unable to participate on an application or matter before the respective board as provided herein.

 

Section 4 - Authorization / Effect

 

A.             The Town Board of the Town of Chazy hereby enacts this local law to

provide a process for appointing Òalternate members of Planning Boards and Zoning Boards of Appeal.  These members would serve when regular members are absent or unable to participate on an application or matter before the respective board.

 

B.             Alternate members of the Planning Board and Zoning Board of Appeals shall be appointed by the Town Board or other duly authorized appointing authority, for a term of up to seven (7) years.

 

C.            The Town Board shall appoint no more than three (3) alternate members to the Planning Board, and no more than three (3) alternate members to the Zoning Board of Appeals.

 

D.            The chairperson of the Planning Board and Zoning Board of Appeals may

designate an alternate member to substitute for a regular member for any application, matter, or period of time such member is absent or unable to participate on an application or matter before the board.  When so designated, the alternate member shall possess all the powers of a regular member of the board.  Such designation shall be entered into the minutes of the initial Planning Board or Zoning Board of Appeals meeting at which the substitution is made.

 

E.             Any decision or determination of the Planning Board or Zoning Board of

Appeals which includes the vote of one or more alternate Planning Board or Zoning Board of Appeals members shall have equal force and effect as determinations made solely by a vote of the regular members of said Planning Board or Zoning Board of Appeals.

 

Section 5 - Supersession of Town Law

 

This local law is hereby adopted pursuant to the provisions of ¤10 of the NYS Municipal Home Rule Law and ¤10 of the NYS Statute of Local Governments.  It is the intent of the Town Board pursuant to ¤10 of the NYS Municipal Home Rule Law, to supersede the provisions of ¤267 and ¤271 of the Town Law relating to the appointment of members to the Town Planning Boards and Zoning Boards of Appeal.

 

Section 6 - Severability

 

If any provisions of this local law are held to be unconstitutional or otherwise invalid by any court or competent jurisdiction, the remaining provisions of the local law shall remain in effect.

 

 

Section 7 - Effective Date

 

This local law shall take effect upon filing same with the Secretary of State.

 

RESOLUTION ACCEPTING CLINTON COUNTY CONTRACT TO SUPPLY AND DELIVER DIESEL FUEL, UNLEADED GASOLINE AND HEATING OIL

 

Resolution:   09-96             08/10/2009

 

Motion by:                  Councilor Cathy Devins    

 

WHEREAS, it has been determined that the Town of Chazy can save by contracting with Clinton County to have MX Petroleum supply and deliver diesel fuel, unleaded gasoline and heating oil;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the Supervisor to accept Clinton County contract to supply and deliver diesel fuel, unleaded gasoline and heating oil from MX petroleum immediately through December 31, 2011.

 

Seconded by:           Councilor Donald Trombly

 

Discussion:              Will be less cost/gal., and can change anytime.

 

                                                                                                            Yes                 No

Roll Call:        Christopher Latremore                             X

                        Jerry Deno                                                   X

                        Cathy Devins                                                X                   

                        Donald Trombly                                           X

                        Staub Spiegel                                              X                   

 

Carried:                     Yes

 

GEORGE E. DENO MEMORIAL PARK CHAIRPERSON/APPOINTMENT

 

Resolution:   09-97             08/10/2009

 

Motion by:                  Councilor Christopher Latremore

 

WHEREAS, John Munson has resigned as Chairperson of the George E. Deno Memorial Park in West Chazy; and

 

WHEREAS, Thomas Tetreault, has agreed to the appointment as Chairperson of the George E. Deno Memorial Park;

 

NOW, THEREFORE BE IT RESOLVED, that the Chazy Town Board does hereby approve the appointment of Thomas Tetreault, 66 Parker Rd. West Chazy, NY as Chairperson of the George E. Deno Memorial Park for the Town of Chazy; and further

 

RESOLVED, that the person reserving the use of the park be allowed to make a donation of their choice for the use of the park.

 

Seconded by:           Councilor Jerry Deno

 

Discussion:              None

 

                                                                                                            Yes                 No

Roll Call:        Christopher Latremore                             X

                        Jerry Deno                                                   X

                        Cathy Devins                                                X                   

                        Donald Trombly                                           X

                        Staub Spiegel                                              X                   

 

Carried:                     Yes

 

APPOINTMENT OF ALTERNATE ZONING BOARD OF APPEALS PERSON/RICKY LAURIN

 

Resolution:   09-98             08/10/2009

 

Motion by:      Councilor Donald Trombly

 

WHEREAS, the Town Zoning Board of Appeals has requested an appointment be made for an alternate Zoning Board of Appeals person, and that this person shall attend all Zoning Board of Appeals meetings and have voting rights should the Zoning Board of Appeals not have a quorum on any given night; and

 

WHEREAS, Local Law No. 1 of the year 2009 has been enacted to allow the use of alternate members on the Zoning Board of Appeals in the Town of Chazy;

 

            NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize the Chazy Town Supervisor to appoint Ricky Laurin to a seven (7) year term as the alternate member of the Zoning Board of Appeals ending on December 31, 2015.

 

Seconded by:           Councilor Christopher Latremore           

 

Discussion:              Noted that the law had the term of seven years for the position.

 

                                                                                                            Yes                 No

Roll Call:        Christopher Latremore                               X

                        Jerry Deno                                                     X

                        Cathy Devins                                                 X                  

                        Donald Trombly                                             X

                        Staub Spiegel                                                X                  

 

Carried:                     Yes

 

PRIVATE ROAD NAME CHANGE TO HOOVER DAM WAY/911 LISTING

 

Resolution:   09-99             08/10/2009

 

Motion by:      Councilor Cathy Devins

 

WHEREAS, Kelly Donoghue, Assistant Director for Clinton County Emergency Services, requests that Hoover Dam Road, a private road be officially renamed Hoover Dam Way;

 

            NOW, THEREFORE BE IT RESOLVED, that the Chazy Town Board does hereby authorize changing Hoover Dam Road to ÒHoover Dam WayÓ, a private road off Lake Shore Road, on the Town List of private roads for 911 purposes.

 

Seconded by:           Councilor Donald Trombly

 

Discussion:              None

                                                                                                            Yes                 No

Roll Call:        Christopher Latremore                               X

                        Jerry Deno                                                     X

                        Cathy Devins                                                 X                  

                        Donald Trombly                                             X

                        Staub Spiegel                                                X                  

 

Carried:                     Yes

 

2009 BUDGET TRANSFERS

 

Resolution:   09-100           08/10/2009

 

Motion by:      Councilor Cathy Devins

 

            RESOLVED, that the Chazy Town Board does hereby authorize the following 2009 budget transfers:

 

From:                                                             Amount:                     To:

                                                                                   

1620.01.001.15 Pers. Serv.                   $1,960.00         1620.01.001.16       Pt time

1990.01.004.00 Contingent                  $1,140.00         7140.01.004.39       Maint.

1990.01.004.00 Contingent                      $434.00         7140.01.002.39 Equip.

1990.01.004.00 Contingent                      $170.00         1220.01.004.48 Computer

1990.01.004.00 Contingent                        $77.00         1620.01.004.21 Supplies

1990.01.004.00 Contingent                      $128.00         1110.01.004.05 School

 

Seconded by:           Councilor Jerry Deno

 

Discussion:              None

 

                                                                                                            Yes                 No

Roll Call:        Christopher Latremore                             X

                        Jerry Deno                                                   X

                        Cathy Devins                                                X                   

                        Donald Trombly                                           X

                        Staub Spiegel                                              X                   

 

Carried:                    Yes

 

PAYMENT OF CLAIMS

 

Resolution:   09-101           08/10/2009

 

Motion by:      Councilor Christopher Latremore

 

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

            General Fund claims #275-312, 11154,      in the amount of          $19,873.27

                                              18855, 18859-18867

            Highway Fund claims #123-137, 18857,      in the amount of       $137,795.33

                                                           18862-18866

            Light Districts claim                    #13 & 14      in the amount of            $1,885.37

            Sewer District claims #71-76, 11081108-    in the amount of            $2,550.91

                                                                 11101110

            Water District claims #59-63, 1108-1110     in the amount of            $1,620.41

            T & A claims    #8002-8005, 8024-8030,      in the amount of            $4,839.51

                                                                8044-8046

                                                                                          TOTAL:                       $168,564.80

 

Seconded by:           Councilor Donald Trombly

 

Discussion:              None

                                                                                                            Yes                 No

Roll Call:        Christopher Latremore                             X

                        Jerry Deno                                                   X

                        Cathy Devins                                                X                   

                        Donald Trombly                                           X

                        Staub Spiegel                                              X                   

 

Carried:                     Yes

 

CHANGE ELECTRICITY CONTRACT TO AGWAY ENERGY SERVICES

 

Resolution:   09-102           08/10/2009

 

Motion by:      Councilor Cathy Devins

 

WHEREAS, the Town has been approached by Agway Energy Services to join their electricity program;

 

            NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize the Supervisor to enroll in the variable priced Smart Rate Program offered by Agway Energy Services for the delivery of electricity and will replace NYSEG Solutions that currently provides electricity to the Town.

 

Seconded by:           Councilor Christopher Latremore

 

Discussion:              None

                                                                                                            Yes                 No

Roll Call:        Christopher Latremore                             X

                        Jerry Deno                                                   X

                        Cathy Devins                                                X                   

                        Donald Trombly                                           X

                        Staub Spiegel                                              X                   

 

Carried:                     Yes

 

EXECUTIVE SESSION

 

Resolution:   09-103           08/10/2009

 

Motion by:      Councilor Christopher Latremore

 

Moved to adopt a resolution calling an Executive Session pursuant to Section 100(1) (d) of the Public Officers Law to discuss potential personnel litigation and contract litigation.

 

Seconded by:           Councilor Jerry Deno

 

Discussion:              None

                                                                                                            Yes                 No

Roll Call:        Christopher Latremore                             X

                        Jerry Deno                                                   X

                        Cathy Devins                                                X                   

                        Donald Trombly                                           X

                        Staub Spiegel                                              X                   

 

Carried:                    Yes

 

Board went into Executive Session at 8:32 PM.

 

Board returned from Executive Session at 8:45 PM.

 

No action taken therefore no minutes.

 

RETURN FROM EXECUTIVE SESSION

 

Resolution:   09-104           08/10/2009

 

Motion by:      Councilor Donald Trombly

 

            RESOLVED, that the Town Board move to come out of executive session.

 

Seconded by:           Councilor Cathy Devins

 

Discussion:              None

                                                                                                            Yes                 No

Roll Call:        Christopher Latremore                             X

                        Jerry Deno                                                   X

                        Cathy Devins                                                X                   

                        Donald Trombly                                           X

                        Staub Spiegel                                              X                   

 

Carried:                     Yes

 

ADJOURNMENT

 

Councilor Cathy Devins made a motion, seconded by Councilor Jerry Deno to adjourn the 08/10/09 Regular Town Board meeting at 8:47 PM.

 

Respectfully yours,

 

Leo J. Oliver

Leo J. Oliver

Clerk of the Board