DATE: December 8, 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)                               (  )

 

OTHERS PRESENT:          S. Castine and W. Bixler.  

 

CALL MEETING TO ORDER

 

Supervisor Staub Spiegel called the 12/08/08 Regular Town Board meeting to order at 7:00 PM.

 

MINUTES

 

Councilor Jerry Deno made a motion that the minutes of the 11/06/08 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 Jerry Deno, Councilor Cathy Devins and Supervisor Staub Spiegel.  Noes - 0. Absent - Councilor Donald Trombly.

 

REPORTS

 

The Town Clerk November monthly report submitted to Board for review and filed.

 

T/J DunlopÕs October and November monthly reports submitted to Board for review and filed.

 

The DCO, David UnderwoodÕs, November monthly report submitted to Board for review and filed.

 

PUBLIC COMMENT

 

None

 

OPENING OF BID FOR NEW GENERATOR

 

One bid was received from SMITHelectrics, 468 Ratta Rd., Chazy, NY 12921 for a new Kohler model 25RZGB generator for $18,170.75 installed. The freight charges are the responsibility of the Town. A non-collusive bidding certificate was attached. Given to Hwy. Supt. Richard Lewis for review.

 

ATTORNEY FOR THE TOWN REPORT

 

            Attorney William Favreau reports:

 

á      Sending a follow up letter to DEC advising that the new building at the Sewer Plant was complete and that an operations manual is still being developed.

á      Requests an executive session to discuss possible litigation.

 

HIGHWAY SUPERINTENDENT REPORT

 

            Highway Supt. Richard Lewis reports:

 

á      Wood storage building has been started.

á      Roadside brush being cut back.

á      Snow fence, purchased by Wyeth has been installed. Wyeth to purchase new posts as the original ones where too weak and were blown over by strong winds.

á      Snow removal at the Town Hall was discussed. May need to be trucked out.

 

TOWN COUNCIL ITEMS

 

Councilor Christopher Latremore Discussed The Following With The Board:

 

á      Received thanks from Mr. Baker for having a blind person sign installed on Rt. 22.

á      Possible No Parking signs in West Chazy. Letters sent to County and NYS DOT.

á      Palmer Vet. bill.

á      Town of Chazy Emergency Disaster Response Plan.

á      Snow removal at various intersections.

á      Resolution No. 124 – 10/14/08 that was denied. Replacement filters for water lines to be the responsibility of the property owner. Waiting for full contingent of the Town Board.

á      Wishes everyone a happy holiday and happy new year.

 

Councilor Jerry Deno Discussed The Following With The Board:

 

á      Having received good feedback on the installation of Christmas decorations.

 

Councilor Cathy Devins Discussed The Following With The Board:

 

á      Decorations look nice.

á      Wishes everyone a happy holiday.

 

SUPERVISOR ITEMS

 

            Supervisor Staub Spiegel reports:

 

á      Having spoken to Dave Lighty of NYSEG and will send the Town a letter for survey for Natural Gas hookup interest.

á      Thanks to NYSEG for all their help with installation of Christmas decorations in all hamlets.

á      A revised Comprehensive Emergency Management Plan is to be looked over before next meeting. This will replace the Town of Chazy Emergency Disaster Response Plan Resolution No. 88 date 12/93.

á      Receiving confirmation from NYS DOT that they will erect ÒState Law, Yield to the BlindÓ sign on Route 22.

á      Sewer Building complete.

á      The need to schedule a year end meeting.

 

APPROVAL OF SINGLE GENERATOR BID

 

Hwy. Supt. Richard Lewis advised that he reviewed the single bid received from SMITHelectrics and that it met the specifications and would like the Town Board to approve the bid.

 

 

 

 

 

RESOLUTION TO ACCEPT CONTRACT WITH TOWN OF MOOERS FOR THE SHARED SERVICES OF DOG CONTROL OFFICER DAVID UNDERWOOD

 

R

esolution No. 145 - 12/08/2008

 

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

 

Discussion -

 

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

 

WHEREAS, the Town of Mooers agrees to share the Dog Control Service of David Underwood for $7,450.00 a year;

 

            NOW, THEREFORE BE IT RESOLVED, that the Chazy Town Board does hereby authorize the Supervisor to sign a contract with the Town of Mooers for sharing Dog Control Officer David Underwood for the amount of $7,450.00 a year.

 

BOARD OF ASSESSMENT REVIEW APPOINTMENT/WILLIAM RELATION

 

R

esolution No. 146 - 12/08/2008

 

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

 

Discussion -

 

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

           

WHEREAS, William Relation agrees to re-appointment to the Board of Assessment Review; 

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby re-appoint William Relation, 1986 Miner Farm Rd., Altona, NY to a five year term of the Board of Assessment Review due to expire September 30, 2013.

 

ZONING BOARD OF APPEALS APPOINTMENT/BRUCE LADUE

 

R

esolution No. 147 - 12/08/2008

 

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

 

Discussion -

 

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

 

            WHEREAS, the term of Zoning Board of Appeals member Bruce LaDue  expires on 12/31/08; and

 

            WHEREAS,   Bruce LaDue has agreed to another five year term;

 

            NOW, THEREFORE BE IT RESOLVED, that the Chazy Town Board does hereby appoint Bruce LaDue to a five (5) year term on the Town of Chazy Zoning Board of Appeals.  The term will expire on 12/31/13.

 

COURT CLERK/APPOINTMENT/VERONICA BRASDAT

 

R

esolution No. 148 - 12/08/2008

 

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

 

Discussion – Councilor Jerry Deno discussed her hours.

 

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

 

WHEREAS, T/J Robert Dunlop requests that the Town Board appoint, Veronica Brasdat, to the position of Town of Chazy Court Clerk for the two presiding judges;             

 

NOW, THEREFORE BE IT RESOLVED, that the Chazy Town Board does hereby approve the appointment of Veronica Brasdat as Town of Chazy Court Clerk for the two presiding judges, to become effective January 1, 2009.

 

HIGHWAY EMPLOYEE TWO YEAR AGREEMENT/2009AND 2010

 

R

esolution No. 149 - 12/08/2008

 

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

 

Discussion -

 

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

 

            WHEREAS, the Highway employees agreement expires on 12/31/2008;

 

            NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize the Town of Chazy to enter into an agreement with the Town of Chazy Highway employees, the term of which agreement shall commence on January 1, 2009 and extend through December 31, 2010, at the following wage schedule:

Position                                                        

Hourly Wage                                     2009 Rate                             2010 Rate

 

Heavy Equipment Operator           $17.14                                   $17.83

Truck Driver                                      $16.74                                   $17.41

Mechanic                                           $19.44                                   $20.22

Laborer/PT help                               $12.00                                   $12.00

 

RESOLUTION AWARDING BID FOR NEW GENERATOR

 

R

esolution No. 150 - 12/08/2008

 

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

 

Discussion – Councilor Christopher Latremore discussed that the Hwy. Supt. should have more time to go over the single bid that was received. Hwy. Supt. Richard Lewis felt that he had enough time and that he approved the bid.

 

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

 

WHEREAS, only one bid was received for a new generator in the amount of $18,170.75 from SMITHelectrics and accompanied by a non-collusive bidding certificate;

 

            NOW, THEREFORE BE IT RESOLVED, that the Chazy Town Board does hereby award the bid to purchase a new generator for the Highway garage to the single bidder, SMITHelectrics, 468 Ratta Rd., Chazy, NY 12921 in the amount of $18,170.75. The generator will be a model 25 RZGB Kohler 25 KW. The purchase is contingent that the shipping fee does not exceed $500.00.

 

YEAR END MEETING

 

R

esolution No. 151 - 12/08/2008

 

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

 

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

 

            RESOLVED, that the Chazy Town Board does hereby authorize a Town Board Year End meeting, the Town Clerk to advertise the year end Town Board meeting in the official Town newspaper, the Press-Republican, to be held on Monday December 29, 2008 at 3:00 PM at the Chazy Town Hall.  The purpose of the meeting is to audit year end claims and any other business that should come up.

 

AUTHORIZATION OF TOWN OFFICIALS TO ATTEND THE ANNUAL ASSOCIATION OF TOWNS MEETING IN NYC

 

R

esolution No. 152 - 12/08/2008

 

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

 

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

           

      WHEREAS, Code Officer Robert West, Town Clerk Leo Oliver, request to attend the 2009 Association of Towns Annual Meeting Feb. 15-18, 2009 in NYC;

 

            NOW, THEREFORE BE IT RESOLVED that the Chazy Town Board does hereby authorize Code Officer Robert West and Town Clerk Leo Oliver to attend the Association of Towns Annual Meeting Feb. 15-18, 2009 in NYC; and further

 

            RESOLVED, that the registration, meals, transportation and hotel fees be paid from their appropriation accounts.

 

ORGANIZATIONAL MEETING JANUARY 2009

 

R

esolution No. 153 - 12/08/2008

 

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

 

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

             

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board authorizes the 2009 Organizational meeting to be held on Monday January 12, 2009, the Town Clerk to advertise the meeting to be held at the Chazy Town Hall at 7:00 PM in the official Town newspaper, the Press-Republican.

 

2008 BUDGET TRANSFERS

 

R

esolution No. 154 - 12/08/2008

 

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

 

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

 

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

 

From:                                                             Amount:                     To:

                                                                                   

1110.01.004.49 supplies                          $435.00         1110.01.004.05 School

1990.01.004.00 Contingent                      $101.00         1110.01.004.05 School

1010.01.004.01 School                             $472.00         1110.01.004.06 School

1990.01.004.00 Contingent                      $161.00         1220.01.004.21 Supplies

1990.01.004.00 Contingent                      $129.00         1410.01.004.21 Supplies

5132.01.004.67 Fuel oil                         $1,176.00         1620.01.001.16 PT

1110.01.004.19 Phone                                $32.00         1450.01.004.19 Phone

1990.01.004.00 Contingent                        $38.00         1670.01.004.58 Paper

1010.01.004.01 School                             $274.00         1670.01.004.23 Contract

1990.01.004.00 Contingent                        $55.00         1920.01.004.60 Dues

1990.01.004.00 Contingent                        $15.00         1920.01.004.64 Historian

3620.01.004.22 Mileage                              $20.00         3620.01.001.14 Office Assist.

1010.01.004.02 School                             $598.00         7140.01.004.40 Rec. Pk

1990.01.004.00 Contingent                        $22.00         3620.01.004.21 Supplies

1010.01.004.01 School                               $16.00         8160.01.004.00 Refuse

1990.01.004.00 Contingent                        $54.00         8160.01.004.00 Refuse

1010.01.004.03 School                             $255.00         8510.01.004.21 Com. Enhanc.

1010.01.004.02 School                             $508.00         9010.01.008.00 Retirement

5110.03.001.00 Per. Serv.                     $4,348.00         5110.03.004.45 gas

5110.03.001.00 Per. Serv.                        $248.00         5110.03.004.31 Rd. Repair

                             

NO HUNTING POLICY/TOWN PROPERTY

 

R

esolution No. 155 - 12/08/2008

 

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

 

Discussion – Councilor Christopher Latremore felt that the property was purchased with taxpayerÕs money so they should be allowed to hunt on Town property.

 

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

 

            WHEREAS, the Supervisor requests a no hunting policy for Town property,

 

            NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize, that due to liability purposes, a no hunting policy on all Town property be placed in effect immediately.

 

PAYMENT OF CLAIMS

 

R

esolution No. 156 - 12/08/2008

 

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

 

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

 

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

            General Fund claims #384-422, 18317-      in the amount of          $12,492.81

                                                        18323, 118316     

            Highway Fund claims #197-218, 18321,      in the amount of          $14,028.94

                                                                        18323

            Light Districts claim      #20 & 21, 18319      in the amount of            $3,440.16

            Sewer District claims #119-127, 10881088 in the amount of            $5,305.39

                                                              & 10891089

            Water District claims    #102-108, 1089,      in the amount of            $3,651.19

                                                                       & 1090

            T & A claims #7567-7571, & 7611-7613      in the amount of            $2,765.81

 

EXECUTIVE SESSION

 

R

esolution No. 157 - 12/08/2008

 

Councilor Cathy Devins moved to adopt a resolution calling an Executive Session pursuant to Section 100(1) (d) of the Public Officers Law to discuss proposed, pending or current litigation. Councilor Jerry Deno seconded.

 

Roll Call Vote:

 

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

 

MOTION CARRIED.

 

Board went into Executive Session at 8:05 PM.

 

Board returned from Executive Session at 8:45 PM.

 

No action taken therefore no minutes.

 

RETURN FROM EXECUTIVE SESSION

 

R

esolution No. 158 - 12/08/2008

 

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

 

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

 

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

 

REQUEST FOR SPECIAL MEETING

 

R

esolution No. 159 - 12/08/2008

 

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

 

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

 

WHEREAS, the Supervisor requests a special meeting on December 18, 2008 at 3:00 PM;

 

            NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize a special meeting of the Town Board to be held at 3:00 PM Thursday December 18, 2008 at the Chazy Town Hall, the purpose of the meeting is to go into executive session to discuss pending litigation; and further

 

            Resolved, that the Town Clerk advertize the meeting in the official newspaper.

 

ADJOURNMENT

 

Councilor Cathy Devins made a motion, seconded by Councilor Jerry Deno to adjourn the 12/08/08 Regular Town Board meeting at 8:48 PM.

 

Respectfully yours,

 

Leo J. Oliver

Leo J. Oliver

Clerk of the Board