PUBILC HEARING – July 9, 2007

LOCAL LAW NO. 2 OF THE YEAR 2007

 

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

 

TOWN OF CHAZY
NOTICE OF PUBLIC HEARING
July 9, 2007

 

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 9th day of July in the year 2007 at 7:00 oÕclock p.m. in the evening of that day on a proposed local law for Flood Damage Prevention as authorized by the New York State Constitution, Article IX, Section 2, and Environmental Conservation Law, Article 36.

            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: June 11, 2007                                                 TOWN OF CHAZY                                                                                                                                                                                                                                                                                         (S)____Leo J. Oliver_____
                                                                                    By:       Leo J. Oliver
                                                                                                Town Clerk

Proof of notices having been furnished, the public hearing to consider new proposed local law for Flood Damage Prevention as authorized by the New York State Constitution, Article IX, Section 2, and Environmental Conservation Law, Article 36, 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 7:04 PM.

 

PUBILC HEARING – July 9, 2007

LOCAL LAW NO. 3 OF THE YEAR 2007

 

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

 

TOWN OF CHAZY
NOTICE OF PUBLIC HEARING
July 9, 2007

 

            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 9th day of July in the year 2007 at 7:05 oÕclock p.m. in the evening of that day on a proposed local law to safeguard potable water supplies from potential contamination by preventing back flow from a water userÕs 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: June 11, 2007                                                 TOWN OF CHAZY                                                                                                                                                                                                                                                                                         (S)____Leo J. Oliver_____
                                                                                    By:       Leo J. Oliver
                                                                                                Town Clerk

Proof of notices having been furnished, the public hearing to consider new proposed local law to safeguard potable water supplies from potential contamination by preventing back flow from a water userÕs system into the public water system, was called to order at 7:05 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 7:08 PM.

 

DATE:            July 9, 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, P. Ayer, K. Rodolakis, C. Latremore, J. Latremore, T. Dashnaw, and R. Peterson. 

 

CALL MEETING TO ORDER

 

Supervisor Staub Spiegel called the 07/09/07 Regular Town Board meeting to order at 7:09 PM.

 

MINUTES

 

Councilor Donald Trombly made a motion that the minutes of the 06/11/07 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 June monthly reports were submitted and filed.

 

T/J Dunlop and T/J Gagnier monthly reports from January thru June 2007 were submitted and filed.

 

PUBLIC COMMENT

 

            EXTENSION OF WATER AND SEWER

 

            Kelly Rodolakis, 1187 Fiske Rd. questioned the Board about the possibility of     extending the water and sewer district on Fiske Rd. Advised that no funds are     available at this time.

 

            REQUEST FOR SPEED ZONE/FISKE ROAD

 

            Kelly Rodolakis, 1187 Fiske Rd. submitted a petition requesting a lower speed   zone in the area from the end of the existing 35 mph zone on Fiske Road for       approx. one half mile to the Ratta Road intersection.

 

REQUEST FOR SPEED ZONE / FISKE ROAD / CHAZY

 

R

esolution No. 66 - 07/09/2007

 

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, a request and petition, for the extension of the 35 mph speed zone on Fiske Road out of the Hamlet of Chazy to the Ratta Road intersection a           distance of approx. one half mile, was received from Kelly Rodolakis, 1187 Fiske           Rd., Chazy, NY 12921;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize that the request (Form TE 9a) for a reduced speed in the approx. one half mile area, defined as from the end of the current 35 mph zone on Fiske Road to the Ratta Road intersection, Chazy, NY, be forwarded to the NY State Department of Transportation to determine if one is justified.

ATTORNEY FOR THE TOWN REPORT

 

            Attorney William Favreau reports:

 

            Two local laws will need to be voted on.

 

HIGHWAY SUPERINTENDENT REPORT

 

            Highway Supt. Richard Lewis reports:

 

¯    The Minkler Road between North Farm Road and Miner Farm Road will be designated as a seasonal road with no services between December 1 and April 1 of each year.

¯    Stumps and brush will be cleared on Slosson Road between Fiske Road and State Rt. 22 prior to paving.

¯    Town Garage parking lot to be resurfaced.

¯    Duprey Road between State Rt. 9 and Fiske Road to be resurfaced.

¯    Cemetery Road in West Chazy will be paved after the Rail Road crossing is finished.

¯    Esker Road to be paved if there is any money left after other projects.

¯    Requesting approval to use up to $73,000.00 of Hwy. Equipment Type Capital Reserve Funds to purchase a new back hoe that can also be used for work in the water and sewer districts.

 

RESOLUTION AUTHORIZING THE HIGHWAY SUPERINTENDENT TO PURCHASE A NEW BACK HOE USING HIGHWAY EQUIPMENT TYPE CAPITAL RESERVE FUNDS SUBJECT TO PERMISSIVE REFERENDUM

 

R

esolution No. 67 - 07/09/2007

 

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

 

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

           

            WHEREAS,   the Hwy. Superintendent, requests authorization to use up to           $73,000.00 of Highway Equipment Type Capital Reserve Funds to purchase a   new back hoe;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the Hwy. Superintendent to purchase a new back hoe for up to $73,000.00, of which would come from the Highway 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 Highway Equipment Type Capital Reserve Funds to purchase a new back hoe not exceeding $73,000.00.

 

TOWN COUNCIL ITEMS

 

            Councilor Jerry Deno questioned:

 

¯    The status of the Recreation Park signs.

¯    Possibility of some sidewalk repairs.

 

            Councilor Cathy Devins requested:

 

¯    An update on reconstruction of Chazy Rec. Park bath rooms.

 

SUPERVISOR ITEMS

 

            Supervisor Staub Spiegel reports:

 

¯    Receiving a letter from Chazy Orchards noting that they thought that the bill sent to them by the Town requesting payment of 50% was excessive and that they enclosed a check for only 25% of the bill. The Board requested the Attorney for the Town to follow up with a letter to require the other 25% as Tre Green had originally agreed to 50% payment.

¯    That He would like the Town Board to authorize Melissa Mc Manus to file a 50/50 grant application, with NY State, for a salt storage building at the Highway Garage.

 

AUTHORIZATION TO PURSUE A 50/50 GRANT WITH NYS FOR SALT STORAGE BUILDING         

 

R

esolution No. 68 - 07/09/2007

 

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, the Town would like to build a salt storage building; and

 

            WHEREAS, the possibility of a 50/50 grant exists; and

            WHEREAS, Melissa Mc Manus has expressed an interest to pursue the grant for            the Town at a cost of $50 per hour;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize Supervisor Staub Spiegel to enter into agreement with Melissa Mc Manus to make application for a 50/50 grant from NY State for a fee of $50.00 per hour. The purpose of which is to erect a salt storage building.

                                                ­                                                           

 

            Supervisor Staub Spiegel reports: Continued

 

¯    That the Dodge Library in West Chazy would like signage on State Rt. 22.

 

RESOLUTION REQUESTING THE NYS DOT TO ERECT DODGE LIBRARY SIGNS ON ROUTE 22

 

R

esolution No. 69 - 07/09/2007

 

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, the Dodge Library, in West Chazy would like signs erected on State            Rt. 22;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the Supervisor to make written request to NYS DOT that signs to the Dodge Library be erected on State Rt. 22.

 

                                                                                                           

 

            Supervisor Staub Spiegel reports: Continued

 

¯    That the AssessorÕs term will be terminating as of September 30, 2007 and asks to be re-appointed.

 

RE-APPOINTMENT OF TOWN ASSESSOR

 

R

esolution No. 70 - 07/09/2007

 

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, the current appointment for assessor of the Town of Chazy expires on September 30, 2007; and

 

            WHEREAS, current assessor Patricia Ayer consented to another six year term,

 

            NOW, THEREFORE BE IT RESOLVED, that the Chazy Town Board does hereby re-appoint Patricia Ayer sole Town assessor, the term will run from October 1, 2007 to September 30, 2013.

 

                                                                                                                       

 

            Supervisor Staub Spiegel reports: Continued

 

 

¯    The need for discussion on instituting an interest rate for unpaid water and sewer bills. Subject discussed.

 

RESOLUTION AUTHORIZING INTEREST RATE ON UNPAID WATER AND SEWER BILLS

 

R

esolution No. 71 - 07/09/2007

 

Councilor Jerry Deno 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, the Town Board requests a 5% interest charge on unpaid water and            sewer bills;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize a quarterly charge of 5% interest on past due Water and Sewer District bills effective January 1, 2008.

 

                                                                                                                       

 

            Supervisor Staub Spiegel reports: Continued

 

¯    That question, is there a need for special use permit fees has been asked. A discussion ensued between Town Board members and Planning Board Chairman Thomas Dashnaw. It was decided that the Supervisor would confer more with the Codes Officer on what was needed.

¯    That a letter was received from Anna Cesar, 1320 Fiske Road, requesting a refund for sewer and water charges. Attorney for the Town, William Favreau will respond.

¯    That He would like Attorney for the Town to look into the legality of the Town to contribute an annual $250 to the City of Plattsburgh for help with their annual 4th of July festivities.  Mr. Favreau will check into it.

¯    The need for properties to be cleaned up through out the Town. There are several burned out buildings and unsightly trash or junk on various properties that should be made to clean up. A discussion ensued between the Board and Planning Board Chairman Thomas Dashnaw. It was the consensus of the Town Board to have Code Officer, Robert West, pursue more enforcement.

 

LOCAL LAW NO. 2 OF THE YEAR 2007/A LOCAL LAW FOR FLOOD DAMAGE PREVENTION AS AUTHORIZED BY THE NEW YORK STATE CONSTITUTION, ARTICLE IX, SECTION 2, AND ENVIRONMENTAL CONSERVATION LAW, ARTICLE 36

 

R

esolution No. 72 - 07/09/2007

 

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, the Town Board having called a public hearing on July 9, 2007, 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 2007

 

 

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

 

A Local Law for Flood Damage Prevention as authorized by the New York

State Constitution, Article IX, Section 2, and Environmental Conservation

Law, Article 36

 

SECTION 1.0

STATUTORY AUTHORIZATION AND PURPOSE

 

1.1    FINDINGS

 

         The Town Board of the Town of Chazy finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Chazy and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life.  In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this local law is adopted.

 

1.2   STATEMENT OF PURPOSE

 

         It is the purpose of this Local Law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

 

                        (1) regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

 

                        (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

 

                        (3) control the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;

 

                        (4) control filling, grading, dredging and other development which may increase erosion or flood damages;

                        (5) regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands, and;

 

                        (6) qualify and maintain for participation in the National Flood Insurance Program.

 

1.3   OBJECTIVES

 

              The objectives of this Local Law are:

 

                        (1) to protect human life and health;

 

                        (2) to minimize expenditure of public money for costly flood control projects;

 

                        (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

 

                        (4) to minimize prolonged business interruptions;

 

                        (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard;

 

                        (6) to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

 

                        (7) to provide that developers are notified that property is in an area of special flood hazard; and,

 

                        (8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

 

SECTION 2.0

DEFINITIONS

 

          

               Unless specifically defined below, words or phrases used in this Local Law shall be interpreted so as to give them the meaning they have in common usage and to give this Local Law its most reasonable application.

 

ÒAppealÓ means a request for a review of the Local AdministratorÕs interpretation of any provision of this Local Law or a request for a variance.

 

ÒArea of shallow floodingÓ means a designated AO, AH or VO Zone on a communityÕs Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident.  Such flooding is characterized by ponding or sheet flow.

 

ÒArea of special flood hazardÓ is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.  This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30.  It is also commonly referred to as the base floodplain or 100-year floodplain.  For purposes of this Local Law, the term Òspecial flood hazard area (SFHA)Ó is synonymous in meaning with the phrase Òarea of special flood hazard.Ó

 

ÒBase floodÓ means the flood having a one percent chance of being equaled or exceeded in any given year.

 

ÒBasementÓ means that portion of a building having its floor subgrade (below ground level) on all sides.

 

ÒBuildingÓ see ÒStructureÓ

 

ÒCellarÓ has the same meaning as ÒBasementÓ.

 

ÒCrawl SpaceÓ means an enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor.  The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade.  The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatis forces which would be experienced during periods of flooding.

 

ÒDevelopmentÓ means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.

 

ÒElevated buildingÓ means a non-basement building (I) built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood.  In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, Òelevated buildingÓ also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.  In the case of Zones V1-V30, VE, or V, Òelevated buildingÓ also includes a building otherwise meeting the definition of Òelevated buildingÓ, even though the lower area is enclosed by means of breakaway walls that meet the federal standards.

 

ÒFederal Emergency Management AgencyÓ means the Federal agency that administers the National Flood Insurance Program.

 

ÒFloodÓ or FloodingÓ means a general and temporary condition of partial or complete inundation of normally dry land areas from:

 

                        (1) the overflow of inland or tidal waters;

 

                        (2) the unusual and rapid accumulation or runoff of surface waters from any source.

 

ÒFloodÓ or ÒfloodingÓ also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (1) above.

 

ÒFlood Boundary and Floodway Map (FBFM)Ó means an official map of the community published by the Federal Emergency Management Agency as part of a riverine communityÕs Flood Insurance Study.  The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study.

 

ÒFlood Elevation StudyÓ means an examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.

 

ÒFlood Hazard Boundary Map (FHBM)Ó means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.

 

ÒFlood Insurance Rate Map (FIRM)Ó means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

 

ÒFlood Insurance StudyÓ see Òflood elevation studyÓ.

 

ÒFloodplainÓ or ÒFlood-prone areaÓ means any land area susceptible to being inundated by water from any source (see definition of ÒFloodingÓ).

 

ÒFloodproofingÓ means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

 

ÒFloodwayÓ has the same meaning as ÒRegulatory FloodwayÓ.

 

ÒFunctionally dependent useÓ means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities.  The term does not include long-term storage, manufacturing, sales, or service facilities.

 

ÒHighest adjacent gradeÓ means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

 

ÒHistoric structureÓ means any structure that is: