DATE: July 14, 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. Patnode, S. Castine and T. Dashnaw (7:10).          

 

CALL MEETING TO ORDER

 

Supervisor Staub Spiegel called the 07/14/08 Regular Town Board meeting to order at 7:00 PM.

 

MINUTES

 

Councilor Donald Trombly made a motion that the minutes of the 06/09/08 regular Town Board meeting and the 06/23/08 Town Board Work Session 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 June monthly reports submitted to Board for review and filed.

 

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

 

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

 

PUBLIC COMMENT

 

RESOLUTION DISPENSING WITH PUBLIC COMMENT

 

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esolution No. 75 - 07/14/2008

 

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.

 

            WHEREAS, there was no one in attendance;

 

            NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby dispense with the Public Comment portion of the regular Town Board meeting as there was no one in attendance.

 

ATTORNEY FOR THE TOWN REPORT

 

            Attorney William Favreau reports:

 

The need for an executive session at the end of the regular meeting to discuss current litigation.

 

SUPERVISOR ITEMS

 

            Supervisor Staub Spiegel reports:

 

á      That the Board is in agreement that the Council members would bring up their items for discussion at work session meetings.

á      Some changes to the proposed No Parking Law for the Gonyea Road and will require another Public Hearing.

 

PUBLIC HEARING ON LOCAL LAW NO. 3/NO PARKING GONYEA ROAD

 

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esolution No. 76 - 07/14/2008

 

Councilor Donald Trombly 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.

 

WHEREAS, the Town Board requests a Local Law establishing a No Parking regulation along the bounds of the Gonyea Road;           (Corrected by R#99 – 08/11/2008)                                                                                                                        (LJO)

            NOW THEREFORE BE IT RESOLVED, that a public hearing will be held on said proposed Town of Chazy Local Law No. 3 of the Year 2008 on the 11th day of August, 2008 at 7:00 oÕclock PM at the Town Hall, 9631 Route 9, Town of Chazy, Clinton County, New York; and it is hereby further

 

            RESOLVED, that the Town Clerk is hereby authorized, and directed to publish and post a Public Hearing Notice to be published in the Press-Republican and on the sign board of the Town maintained pursuant to Town Law ¤30(6), the publication thereof, and said posting to be not less than ten (10) days, nor more than twenty (20) days, before the date set for such Public Hearing.

                                                                       

 

            Supervisor continues report:

 

á      That Maint. Man, Conrad Bechard advised that the cover on the septic tank at the West Chazy Rec. Park has been secured.

á      That Beekmantown Central School reports checking into whether or not they can find a use for the West Chazy Elementary School or if they will sell it. They will conduct a walk through for the Town Board on request to see if the Town would be interested should they decide to sell it. It was decided to have the walk through at 5:00 pm Monday August 4, 2008, and then hold a work session meeting following at 6:00 pm.

 

WORK SESSION MEETING AUGUST 4, 2008

 

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esolution No. 77 - 07/14/2008

 

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, Supervisor Staub Spiegel requests a Town Board work session meeting;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby agree to a Town Board Work Session meeting to be held at the Chazy Town Hall 9631 Rt. 9 on Monday August 4, 2008 at 6:00 p.m. The purpose of said meeting is to discuss various issues of Town business; and

 

FURTHER RESOLVED, that the Town Clerk advertise the work session meeting in the official Town newspaper, the Press-Republican, to be held on Monday August 4, 2008 at 6:00 p.m. at the Chazy Town Hall. The public is welcome to observe.

                                                                                   

 

            Supervisor continues report:

 

á      That information received from Dave Lightie of NYSEG that due to the many requests received for natural gas in Chazy that Chazy has been placed on a list to pursue commitments in the near future, from residents to heat their homes. Then it will be determined if natural gas will be implemented in Chazy.

á      Part Time employee Thomas Roberts request a pay raise from $12/hr to $14/hr. Mr. Roberts advised that it will be considered at budget time.

á      JCEO  conducted an energy audit of the West Chazy Town Hall and is attempting to acquire a grant to help install a new furnace and make the building more energy efficient.

á      Clinton County Dept. of health requests to give a presentation. They will be placed on the August 11, 2008 regular Town Board meeting agenda.

á      Two estimates received for cleaning the Water Tank. $3,500.00 from Pittsburgh Tank and $4,600.00 from Kessler. Spiegel recommends going with Pittsburgh Tank with the lower estimate. The contract provided by Pittsburgh Tank turned over to the Attorney for the Town, William Favreau, for inspection.

á      Boy Scout Troop 45 requests permission to paint the picnic tables at the West Chazy Rec. Park.

á      Would like permission to have David Dominy, Telephone Maintenance, clean off the hard drives of several old computers for $300.00 prior to advertizing for bids.

 

AUTHORIZE CLEANING OF OLD COMPUTER HARD DRIVES

 

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esolution No. 78 - 07/14/2008

 

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

 

Discussion – Councilor Christopher Latremore suggested destroying the computer hard drives rather than spending $300.00 that will more than likely not be recovered in the sale of the computers.

The Board then was in consensus that computers should be advertized for sale before spending the $300.00 to see if it would be worth spending that money.

 

0 ayes, 5 noes.  Motion not carried.  Ayes – 0. Noes -. Councilor Christopher Latremore, Councilor Jerry Deno, Councilor Cathy Devins, Councilor Donald Trombly and Supervisor Staub Spiegel.

 

WHEREAS, David Dominy offered to clean the hard drives of old surplus computers;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize David Dominy to clean the hard drives of old surplus computers at a cost of $300.00.

 

Motion for Resolution No. 78 not carried.

                                                                                                                                                           

 

ADVERTISE FOR BIDS ON TOWN SURPLUS OFFICE EQUIPMENT/COMPUTERS

 

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esolution No. 79 - 07/14/2008

 

Councilor Donald Trombly 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.

 

Discussion –

 

WHEREAS, the Town of Chazy has surplus office equipment; to wit, old computers and a dot matrix printer;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the Town Clerk to advertise, in Press-Republican, the official newspaper, a request for sealed bids on surplus office equipment; to wit, old computers and a dot matrix printer. The equipment may be seen at the Chazy Town Hall, 9631 State Route 9, Chazy, NY. Items are in Òas is-where isÓ condition and the computer hard drives will be purged prior to pick-up.

 

            Supervisor continues report:

 

á      Youth Commissioner John Munson requests a storage shed be placed by the West Chazy ball field.

á      DEC letter advised that the reporting is now what it should be and that a shed at the Sewer Plant is to be built by October 14, 2008. So the fine will be dropped from the original $15,000.00 to $2,000.00 for which the Water and Sewer Supt., David Siskavich, is liable for paying as per his contract.

 

AUTHORIZE EXECUTION OF CONSENT ORDER AND PAYMENT OF DEC FINE

 

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esolution No. 80 - 07/14/2008

 

Councilor Christopher Latremore 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.

 

Discussion –

 

            WHEREAS, a DEC consent order needs to be executed; and

 

WHEREAS, the Town of Chazy has been assessed a $2,000.00 fine of which Water and Sewer Supt. David Siskavich is liable per contract;

 

            NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize Supervisor, Staub Spiegel, to execute a DEC consent order; and

 

            FURTHER, RESOLVED that the Town pay the $2,000.00 fine and then withhold payments from Water and Sewer Supt., David SiskavichÕs contractual payments totaling $2,000.00 to the end of his present contract ending 12/31/2008 of which by the contract he is liable.

                                                                                               

            Supervisor continues report:

 

á      A resolution is needed to authorize the Supervisor to execute the Undertaking in Connection with Highway Permits Issued by NYS DOT agreement.

 

HIGHWAY SUPERINTENDENT REPORT

 

            Highway Supt. Richard Lewis reports:

 

á      Requesting the Attorney for the Town to look into the possibility of abandonment of a portion of the Kinsley Road.

á      Receiving an offer of $1,000.00 for the dual axle equipment trailer of which a $500.00 bid was refused as not enough. Attorney for the Town to check if it can be accepted or if it has to go out for bid again.

á      The Parker Road due to be grinded next week prior to paving.

 

THANK YOU TO HIGHWAY DEPT.

 

            Supervisor Staub Spiegel thanked Hwy. Supt. Richard Lewis and the Highway Dept. for getting the area of the Chazy Rec. Park ready for the installation of the new bathroom building.

 

JOYCE SAMONEK TO BE PRESENTED WITH PLAQUE

 

            Supervisor Staub Spiegel advised that he has a plaque for Joyce Samonek of which he had hoped to present to her at this meeting, but the fact that she was not able to be present, the Supervisor will see that she gets it. The plaque was honoring her for her work as editor of the Town of Chazy newspaper ÒTown TalkÓ.

 

AUTHORIZED USERS OF TOWN OF CHAZYÕS LOWES CREDIT CARD

 

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esolution No. 81 - 07/14/2008

 

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.

 

Discussion –

 

WHEREAS, the Town of Chazy needs to control the use of the Lowes credit card;

 

            NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize Conrad Bechard, Richard Lewis and John Patnode to use the Lowes credit card for Town purchases.

 

BID ACCEPTED FOR HIGHWAY SURPLUS EQUIPMENT

 

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esolution No. 82 - 07/14/2008

 

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.

 

Discussion –

 

WHEREAS, 1 bid was received for the following Highway surplus equipment: steam jenny, Honda pressure washer, dual axle equipment trailer, 4 truck tires on rims, dump box with hoist and two 55 gallon barrel racks from John Auto Crushing, Ausable Forks NY; and

 

WHEREAS, Highway Supt. Richard Lewis refuses the bid on the dual axle equipment trailer and dump box with hoist as being worth more to the Town than the bid.

 

            NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby accept the only bid for a total of $101.00 from John Auto Crushing, Ausable Forks NY for the Steam Jenny ($51.00), Honda pressure washer ($10.00), 4 – 11.00R 20 truck tires on rims ($20) and 2 – 55 gallon barrel racks ($20.00).

 

APPROVAL OF REQUEST FOR STORAGE SHED

 

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esolution No. 83 - 07/14/2008

 

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

 

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

 

Discussion – Councilor Latremore stated that the existing building at the West Chazy Rec. Park should be sufficient to use as storage.

 

WHEREAS, Town of Chazy Youth Commissioner, John Munson, requests storage shed to be used at the West Chazy baseball field;

 

            NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize Conrad Bechard to construct storage shed for West Chazy baseball field not to exceed $800.00.

 

APPROVAL OF ÒCHAZY TOWN HALLÓ SIGN/TABLED

 

            A draft resolution authorizing approval for the purchase and installation of ÒChazy Town HallÓ lettering from Modern Neon Sign Co. at a quote of $1,167.00 was tabled in hopes to be incorporated in any future remodeling of the Town Hall.

 

UNDERTAKING IN CONNECTION WITH HIGHWAY PERMITS ISSUED BY NYS DOT AGREEMENT

 

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esolution No. 84 - 07/14/2008

 

Councilor Christopher Latremore 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 Town of Chazy from time to time receives permits from the Department of Transportation (DOT) to temporarily obstruct, install, construct, maintain, operate or replace any facilities within the bounds of a State highway right-of-way, and

 

WHEREAS, the Town of Chazy is required by NYS DOT to indemnify or hold harmless agencies and/or officials of the State of New York for such temporary obstructions, installations, construction or maintenance,

 

            NOW, THEREFORE BE IT RESOLVED that the Chazy Town Board does hereby authorize Staub Spiegel, in his capacity as Supervisor of the Town of Chazy, to execute the Undertaking in Connection With Highway Permits Issued by NYS DOT agreement.

 

BOY SCOUTS TO PAINT PICNIC TABLES

 

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esolution No. 85 - 07/14/2008

 

Councilor Christopher Latremore 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.

 

WHEREAS, Troop 45 Boy Scouts wish to paint the picnic tables at the West Chazy Recreation Park,

 

            NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize Troop 45 Boy Scouts to paint picnic tables at West Chazy Recreation Park on August 15th as part of a Community Service Project.

 

DIG SAFELY NEW YORK POLYGON / IMPORT RELEASE DISCLAIMER

 

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esolution No. 86 - 07/14/2008

 

Councilor Donald Trombly 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.

 

            WHEREAS, a Polygon / Import Release Disclaimer needs to be signed,

 

            NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize Supervisor, Staub Spiegel to sign the Dig Safely New York, Polygon / Import Release Disclaimer.

 

2008 BUDGET TRANSFERS

 

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esolution No. 87 - 07/14/2008

 

Councilor Cathy Devins 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.

 

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

 

From:                                                             Amount:                     To:

                                                                                   

1220.01.004.11 School                             $200.00         1220.01.004.21 Supplies

8010.01.004.26 School                               $95.00         7510.01.004.21 Supplies 

1990.01.004.00                                Contingent               $197.00               1220.01.004.48 Computer

1990.01.004.00 Contingent                      $179.00         1110.01.004.48 Computer

7140.05.002.39 Gn. Bld. Type Cap Rs. $4,557.00        5031.01.000.00 Transfer

5031.01.000.00 Transfer                       $4,557.00         7140.01.002.39 Rec. Pk. Bld.

                             

PAYMENT OF CLAIMS

 

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esolution No. 88 - 07/14/2008

 

Councilor Donald Trombly 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:

            General Fund claims #220-256, 17954,      in the amount of          $25,541.88

                 17961, 18020, 18021, 18023-18029,

                                                        18032 & 18033

            Highway Fund claims #118-135, 17961,      in the amount of          $17,453.90

                                              18021, 18026-18029

            Light Districts claim      #12 & 13, 18024      in the amount of            $3,249.45

            Sewer District claims      #63-75, 18022,      in the amount of            $7,060.28

                                             10721072, 10731073

            Water District claims #51-58, 1074 7 1075  in the amount of            $3,717.85

            T & A claims               #7283, 7297-7300,      in the amount of            $6,159.79

                                           7326-7333,7347-7349

 

EXECUTIVE SESSION

 

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esolution No. 89 - 07/14/2008

 

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 Donald Trombly seconded.

 

Roll Call Vote:

 

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.

 

MOTION CARRIED.

 

Board went into Executive Session at 8:20 PM.

 

Board returned from Executive Session at 8:35 PM.

 

No action taken therefore no minutes.

 

ADJOURNMENT

 

Councilor Cathy Devins made a motion, seconded by Councilor Jerry Deno to adjourn the 07/14/08 Regular Town Board meeting at 8:35 PM.

 

Respectfully yours,

 

Leo J. Oliver

Leo J. Oliver

Clerk of the Board