DATE: May 8, 1995 KIND OF MEETING: Regular Town Board Meeting

DATE: November 6, 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, R. Peterson, W. Bixler and L. Ferrante.

CALL MEETING TO ORDER

Supervisor Staub Spiegel called the 11/06/08 Regular Town Board meeting to order at 7:00 PM.

Supervisor requested an executive session to discuss Water and Sewer finances.

EXECUTIVE SESSION

esolution No. 131 - 11/06/2008

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:

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

MOTION CARRIED.

Board went into Executive Session at 7:00 PM.

Board returned from Executive Session at 7:14 PM.

No action taken therefore no minutes.

PUBLIC HEARING - THE ADOPTION OF THE 2009 TOWN OF CHAZY BUDGET

A legal notice was placed in the official newspaper on Monday, October 27, 2008 as follows:

NOTICE OF PUBLIC HEARING

UPON PRELIMINARY BUDGET FOR THE YEAR 2009

NOTICE IS HEREBY GIVEN that the preliminary budget for the fiscal year beginning January 1, 2009, has been completed and filed in the office of the Town Clerk at Chazy, NY, where it is available for inspection by any interested persons at all reasonable hours. Please present any questions on the budget to the Town Clerk during office hours prior to the date of the public hearing.

FURTHER NOTICE is hereby given that the Town Board of the Town of Chazy will meet and review said Preliminary Budget and hold a Public Hearing thereon at the Town Hall in Chazy, NY, on Thursday, November 6, 2008 at 7:00 PM, and at such hearing any person may be heard in favor or against any item or items therein contained. PURSUANT TO SECTION 113 OF TOWN LAW, the proposed salaries of the following Town elected Officers are hereby specified as follows: Supervisor, $14,500; Councilors, 4 @ $3,600 each; 2 Town Justices, @ $17,5000 each; Town Clerk/Tax Collector/Registrar/RMO combined, $19,760; and Highway Superintendent, $41,000.

All interested citizens are invited to attend and make written or oral comments if desired.

NOTICE IS ALSO GIVEN that the regular monthly meeting for the month of November of the Chazy Town Board, will be on Thursday November 6, 2008 rather than the usual night, the second Monday of the month, after the public hearings.

By order of the Chazy Town Board

Dated at Chazy, NY

October 14, 2008

Leo J. Oliver

Town Clerk, T/Chazy

Proof of notice having been furnished, Supervisor Staub Spiegel called the public hearing on adoption of the 2009 Town of Chazy Budget, to order at 7:14 PM.

Supervisor Staub Spiegel presented the preliminary 2009 Town of Chazy budget for adoption. He requested any questions or comments.

No questions or comments received.

All persons desiring to be heard were heard.

Supervisor Staub Spiegel closed the public hearing at 7:15 PM.

PUBLIC HEARING - FOR THE TOWN OF CHAZY 2009 FIRE PROTECTION CONTRACTS/BUDGET

A legal notice was placed in the official newspaper on Monday, October 27, 2008 as follows:

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board, Town of Chazy, Clinton County, New York on Thursday November 6, 2008, immediately following the public hearing on the 2009 preliminary budget at 7:05 PM, at the Chazy Town Hall, for the purpose of considering contracts for the year 2009 with the Chazy and West Chazy Fire Districts, each of which said contracts shall be for fire protection to Town of Chazy Fire Protection District, said contracts to be upon the following general terms:

(a) Chazy and West Chazy Fire Districts shall answer and attend all fire calls in said District.

(b) For such services, Chazy Fire District shall be paid the sum of $123,600 and West Chazy Fire District shall be paid the sum of $74,260.

(c) Chazy Fire District shall maintain and operate fire station at 9666 Rte 9 Chazy, NY. West Chazy Fire District shall maintain and operate fire station at 7656 Rte 22 West Chazy, NY.

(d) Each fire company shall insure all of its equipment against all liability and shall protect the Town of Chazy from liability for any accident in which any fire company vehicle may be involved.

(e) Each contract shall continue until December 31, 2009.

(f) Such other incidental terms as may be necessary or proper.

All interested persons will be heard at the meeting noticed above.

By order of the Chazy Town Board

Dated at Chazy, NY

October 14, 2008

Leo J. Oliver

Town Clerk, T/Chazy

Proof of notice having been furnished, Supervisor Staub Spiegel called the public hearing on the 2009 fire protection contracts/budget to order, at 7:15 PM.

Supervisor Staub Spiegel presented the proposed 2009 Chazy & West Chazy fire protection contracts/budget. He requested any questions or comments.

No questions or comments received.

All persons desiring to be heard were heard.

Supervisor Staub Spiegel closed the public hearing at 7:16 PM.

PUBLIC HEARING – THE ADOPTION OF THE 2009 HAMLET OF CHAZY SEWER DISTRICT BUDGET

A legal notice was placed in the official newspaper on Monday, October 27, 2008 as follows:

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board, Town of Chazy, Clinton County, New York on Thursday November 6, 2008, following the public hearing on the 2009 preliminary budget at 7:10 PM, at the Chazy Town Hall, on the Hamlet of Chazy Sewer District preliminary budget for the year 2009.

All interested persons will be heard at the meeting noticed above.

By order of the Chazy Town Board

Dated at Chazy, NY

October 14, 2008

Leo J. Oliver

Town Clerk, T/Chazy

Proof of notice having been furnished, Supervisor Staub Spiegel called the public hearing on 2009 Hamlet of Chazy Sewer District Budget to order at 7:16 PM.

Supervisor Staub Spiegel presented the proposed 2009 Hamlet of Chazy Sewer District Budget. He requested any questions or comments.

No questions or comments received.

All persons desiring to be heard were heard.

Supervisor Staub Spiegel closed the public hearing at 7:17 PM.

PUBLIC HEARING – THE ADOPTION OF THE 2009 HAMLET OF CHAZY WATER DISTRICT BUDGET

A legal notice was placed in the official newspaper on Monday, October 27, 2008 as follows:

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board, Town of Chazy, Clinton County, New York on Thursday November 6, 2008, following the public hearing on the 2009 preliminary budget at 7:15 PM, at the Chazy Town Hall, on the Hamlet of Chazy Water District preliminary budget for the year 2009.

All interested persons will be heard at the meeting noticed above.

By order of the Chazy Town Board

Dated at Chazy, NY

October 14, 2008

Leo J. Oliver

Town Clerk, T/Chazy

Proof of notice having been furnished, Supervisor Staub Spiegel called the public hearing on 2009 Hamlet of Chazy Water District Budget to order at 7:17 PM.

Supervisor Staub Spiegel presented the proposed 2009 Hamlet of Chazy Water District Budget. He requested any questions or comments.

No questions or comments received.

All persons desiring to be heard were heard.

Supervisor Staub Spiegel closed the public hearing at 7:18 PM

MEETING RECONVENED

Supervisor Staub Spiegel reconvened the regular Town Board meeting at 7:18 PM.

MINUTES

Councilor Christopher Latremore made a motion that the minutes of the 10/14/08 regular Town Board meeting be approved as submitted by the Town Clerk, seconded by Councilor Cathy Devins.

REPORTS

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

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

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

PUBLIC COMMENT

LOUIE FERRANTE/NO PARKING/ROUTE 22

Louie Ferrante, 18 Pine Tree Way, West Chazy, NY12992, addressed the Board about the intersection of Fiske Road, Church Street and State Route 22 regarding a safety concern. This concern stems from vehicles parking close range of the intersection. There is only one no parking sign anywhere near that intersection, and none when coming from the other directions. He requested that the issue be addressed with all pertinent agencies to insure the proper procedures can be implemented.

Supervisor Staub Spiegel will contact NYS DOT on the issue.

RENATE PETERSON/TOWN HALL UPDATE

Renate Peterson asked for an update on when a meeting would be held by the Committee to remodel the present one or build a New Town Hall.

Supervisor advised that a meeting was scheduled for 6 pm next Wednesday.

ATTORNEY FOR THE TOWN REPORT

Attorney William Favreau reports:

That he sent a request for an extension to NYS DEC, needed for the completion of the Sewer Maintenance manual.

HIGHWAY SUPERINTENDENT REPORT

Highway Supt. Richard Lewis reports:

· That the sand and salt pile was finished.

· That some ditching and shoulder work is being done on the Ratta Road.

TOWN COUNCIL ITEMS

Councilor Christopher Latremore Discussed The Following With The Board:

· Councilor Latremore thanked Councilor Cathy Devins for her work in setting up venders for the Community Day program at the School.

· Councilor Latremore congratulated Carolyn Meseck-Pratt and Robert Dunlop for being elected Town Justices.

· The status of the burned out house on the Miner Farm Road.

· The status of the JCEO installation of a furnace and insulation at the West Chazy town hall. Furnace has been installed.

· The status of sign installation at the Rec. Parks. Hwy Supt. Lewis will install in spring.

· The status of Blind person sign on Rt. 22. Request has been sent to NYS DOT.

· The status of septic tank replacement at West Chazy Rec. Park. Still waiting to be done.

· The status of salt storage building at the Highway Garage. Waiting for a new grant to make application.

· The status of NYSEG sending out a survey to determine if natural gas can be installed in Hamlet of Chazy area. NYSEG still planning to send survey out in near future.

Councilor Cathy Devins Discussed The Following With The Board:

· The Status of the new sewer building.

· The Status of the new bath rooms at the Chazy Rec. Park.

· The Status of the holiday decorations. Will go up after Thanksgiving.

· Congratulations to the two justices being elected.

Councilor Donald Trombly Discussed The Following With The Board:

· Community Day at the school. Thanked Councilor Devins for putting the project together.

SUPERVISOR ITEMS

Supervisor Staub Spiegel reports:

· That Veronica Brasdat has accepted the position of Clerk for both of the Judges.

· That a dog was removed from a pool in West Chazy by Volunteer Firemen and brought to Palmers Veterinary Clinic and the town was sent a bill of $236.20. Would like to have a resolution to clarify the Town’s responsibility for future situations like this.

· Chazy Orchards reported by Water Supt. to be in violation of section 25 of the Water Code. Attorney for the Town asked to help in determining what steps are to be taken against such violations.

· Highway men contract signed.

· Receiving a two year snow removal contract from the County.

AUTHORIZATION FOR HIGHWAY SUPT. TO ADVERTISE FOR BIDS ON A NEW GENERATOR FOR THE HIGHWAY GARAGE

esolution No. 132 - 11/06/2008

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

Discussion -

WHEREAS, Hwy. Supt. Richard Lewis requests authorization to go out to bid for the purchase of a new generator for the Highway Garage; and

WHEREAS, General Equipment Type Capital Reserve Funds in the amount not to exceed $20,000.00 has been approved by Resolution No. 100 – 08/11/08 for such purpose;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the Hwy. Supt. to receive bids for the purchase of a new generator for the Highway Garage at a cost not to exceed $20,000.00 of which would come from the General Equipment Type Capital Reserve Fund; and

FURTHER RESOLVED, that the Town Clerk advertise, in the Press Republican, a request for bids, for a new generator. The bids are to be opened at the regular meeting on Monday December 8, 2008 at 7:00 pm at the Chazy Town Hall.

RESOLUTION ADOPTING ANNUAL TOWN BUDGET FOR 2009

esolution No. 133 - 11/06/2008

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

Discussion -

WHEREAS, the Chazy Town Board having, on 11/06/2008 commencing at 7:14 PM, duly held public hearings on the preliminary budget approved by this Board and filed with the Town Clerk for the fiscal year commencing 2009, including the light districts budgets for 2009, fire protection district budget for 2009, Hamlet of Chazy Water District budget for 2009, Hamlet of Chazy Sewer District budget for 2009 and Dodge Library District for 2009 and having heard all persons desiring to be heard in the matter of the budget for this Town for such fiscal year having been fully discussed and considered;

NOW, THEREFORE, BE IT RESOLVED, that the 2009 preliminary budget be approved and filed as aforesaid, including the Light District budgets for 2009, Fire Protection District budget for 2009, Hamlet of Chazy Water District budget for 2009, Hamlet of Chazy Sewer District budget for 2009 and Dodge Library District for 2009, is hereby adopted and established as the annual budget for this Town for the fiscal year beginning 01/01/2009 and that such annual budget as so adopted is detailed in the minutes of the proceedings of this Town Board, and be it

FURTHER RESOLVED, that the Town Clerk of this Town shall prepare and certify as provided by law, duplicate copies of said annual budget hereby adopted, and deliver one of such copy to the Supervisor of the Town, and that he shall present such copy to the Board of Legislators of the County as required by law.

RESOLUTION ADOPTING CHAZY FIRE PROTECTION CONTRACT - CHAZY DISTRICT

esolution No. 134 - 11/06/2008

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

Discussion -

WHEREAS, the Chazy Town Board having, on 11/06/2008 commencing at 7:15 PM, duly held a public hearing on the preliminary budget for the Fire Protection District of the Town approved by this Board and filed with the Town Clerk for the fiscal year commencing 2009, and having heard all persons desiring to be heard in the matter of the budget for this district of the Town for such fiscal year having been fully discussed and considered;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the 2008 Chazy Fire Protection Contract to appropriate $123,600 for the Chazy Fire District; and

FURTHER RESOLVED, that the Supervisor be authorized to sign the contract.

RESOLUTION ADOPTING CHAZY FIRE PROTECTION CONTRACT - WEST CHAZY DISTRICT

esolution No. 135 - 11/06/2008

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

Discussion -

WHEREAS, the Chazy Town Board having, on 11/06/2008 commencing at 7:16 PM, duly held a public hearing on the preliminary budget for the Fire Protection District of the Town approved by this Board and filed with the Town Clerk for the fiscal year commencing 2009, and having heard all persons desiring to be heard in the matter of the budget for this district of the Town for such fiscal year having been fully discussed and considered;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the 2009 Chazy Fire Protection Contract to appropriate $74,260 for the West Chazy Fire District; and

FURTHER RESOLVED, that the Supervisor be authorized to sign the contract.

RESPONSIBILITY FOR CHARGES INCURRED IN FINDING STRAY ANIMALS

esolution No. 136 - 11/06/2008

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

Discussion -

WHEREAS, some residents, upon finding stray animals, take it upon themselves to bring the animal to a veterinary clinic of their choice;

NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby let it be known that the Town of Chazy will not be responsible for charges incurred on stray animals taken to a Veterinary Clinic by the resident finding the stray animal, unless under the direction of the Town Dog Control Officer; and further

RESOLVED that Veterinary Clinics will be advised that persons bringing in animals for emergency services will be responsible for all charges, or turned over to the Chazy Dog Control officer; and further

RESOLVED that also, let it be known that should the Dog Control Officer reunite the animal with its rightful owner after such veterinary care has taken place, that the owner of said animal will be responsible for all charges incurred.

TD BANKNORTH COLLATERAL AGREEMENT

esolution No. 137 - 11/06/2008

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

Discussion -

WHEREAS, Supervisor Staub Spiegel, requests authorization to enter into a new collateral agreement with TD Banknorth. The collateral will be in the form of an Irrevocable Stand-by Letter of Credit issued by the Federal Home Loan Bank of Pittsburgh, at no cost to the Town. The previous collateral investments were made in a Fannie Mae Pool with Brown Brothers Harriman & Co.

NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize the Supervisor to enter into a new collateral agreement with TD Banknorth.

SUSAN PATNODE/AUTHORIZED TD BANKNORTH CONTACT PERSON

esolution No. 138 - 11/06/2008

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

Discussion -

WHEREAS, Supervisor Staub Spiegel, requests that Susan Patnode, Secretary to the Supervisor, be authorized to be the contact person with TD Banknorth on the collateral dollar amounts that are required several times a year to continually keep the appropriate collateral dollar amounts current;

NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize Susan Patnode to be the contact person with TD Banknorth on the collateral dollar amounts.

AGREEMENT FOR SNOW REMOVAL/CLINTON COUNTY HIGHWAY DEPT./2008-2009, 2009-2010 SNOW AND ICE SEASONS

esolution No. 139 - 11/06/2008

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

Further discussion by Councilor Christopher Latremore, noting his lack of confidence with the County.

WHEREAS, the Supervisor has received from Clinton County Highway Dept., the snow removal, sanding and treating of County roads agreement for 2008-2009 and 2009-2010 snow and ice seasons;

NOW, THEREFORE BE IT RESOLVED, that the Chazy Town Board does hereby authorize Supervisor Staub Spiegel to sign the Clinton County Highway Department and Town of Chazy Agreement for Snow Removal, Sanding, and Treating of County Roads during 2008-2009 and 2009-2010 Snow and Ice Seasons, that, in consideration of the agreed services to be performed by the TOWN OF CHAZY, the COUNTY OF CLINTON agrees to pay the following sums to the TOWN OF CHAZY for all services rendered on County Roads outside the “snowbelt” area and for those County Roads inside the “snowbelt” area as described in the said resolutions of the Clinton County Board of Legislators adopted on November 12, 1969, February 27, 1985 and November 12, 1992. The total payment for each Snow and Ice Season is as follows:

RATE FOR RATE FOR AMOUNT PAID TO

YEAR REGULAR ROADS SNOWBELT ROADS TOWN PER SEASON

2008-2009 $4,221 $5,136 $142,162

2009-2010 $4,475 $5,444 $150,708

2008 BUDGET TRANSFERS

esolution No. 140 - 11/06/2008

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

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

From: Amount: To:

1990.01.004.00 Contingent $543.00 3620.01.001.14 Assist.

1990.01.004.00 Contingent $50.00 1220.01.004.21 Supplies

1990.01.004.00 Contingent $1,500.00 1620.01.002.00 Equip.

1990.01.004.00 Contingent $9.00 1450.01.004.19 Phone

1990.01.004.00 Contingent $105.00 7310.01.004.31 Maint.

1990.01.004.00 Contingent $578.00 9010.01.008.00 Ret.

1990.01.004.00 Contingent $76.00 5680.01.004.00 Truck Maint.

1990.01.004.00 Contingent $223.00 1670.01.004.23 Contract

1990.01.004.00 Contingent $14.00 3620.01.004.21 Supplies

1990.01.004.00 Contingent $99.00 1920.01.004.59 Dues

5130.03.002.00 Equip. $17,570.00 5142.03.004.69 Salt

5130.03.004.56 Maint. $11,666.00 5142.03.004.69 Salt

5130.03.004.56 Maint. $4,337.00 5110.03.004.31 Maint

5130.03.004.42 insurance $3,100.00 5110.03.004.45 Gas

5110.03.004.43 Rental $1,726.00 9010.03.008.00 Ret.

5130.03.004.56 Maint. $252.00 9010.03.008.00 Ret.

PAYMENT OF CLAIMS

esolution No. 141 - 11/06/2008

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

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

General Fund claims #358-383, 18265- in the amount of $27,161.58

18273

Highway Fund claims #182-195, 18269- in the amount of $86,522.99

18273

Light Districts claim #19 in the amount of $1,980.37

Sewer District claims #105-118, 10861086 in the amount of $3,031.66

-10871087

Water District claims #91-101, 1087-1088 in the amount of $3,899.28

T & A claims #7519,7520, 7523, in the amount of $5,485.49

7545-7552

EXECUTIVE SESSION

esolution No. 142 - 11/06/2008

Councilor Donald Trombly 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 Cathy Devins seconded.

Roll Call Vote:

MOTION CARRIED.

Board went into Executive Session at 8:18 PM.

Board returned from Executive Session at 8:44 PM.

No action taken therefore no minutes.

RETURN FROM EXECUTIVE SESSION

esolution No. 143 - 11/06/2008

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

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

RESOLUTION AUTHORIZING THE WATER SUPT. TO PROCEED WITH ADMINISTRATIVE ENFORCEMENT

esolution No. 144 - 11/06/2008

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

WHEREAS, Chazy Orchards Inc. has been found in violation of section 25 of the Water Code;

NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize the Water Supt. to proceed with administrative enforcement against Chazy Orchards Inc. for violation of the Town of Chazy Water Code.

ADJOURNMENT

Councilor Cathy Devins made a motion, seconded by Councilor Christopher Latremore to adjourn the 11/06/08 Regular Town Board meeting at 8:55 PM.

Respectfully yours,

Leo J. Oliver

Clerk of the Board