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

DATE: October 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 Attorney - William Favreau

Councilor - Jerry Deno

Councilor - Cathy Devins

Councilor - Donald J. Trombly

Clerk - Leo J. Oliver

Hwy. Supt. - Richard Lewis

OTHERS PRESENT: S. Patnode, J. LaForest, S. Southwick, V. Brasdat.

CALL MEETING TO ORDER

Supervisor Staub Spiegel called the 10/09/07 Regular Town Board meeting to order at 7:00 PM.

MINUTES

Councilor Cathy Devins made a motion that the minutes of the 09/10/07 regular Town Board meeting and the 10/03/07 special meeting be approved as submitted by the Town Clerk, seconded by Councilor Jerry Deno.

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 September monthly reports submitted to Board for review and filed.

PUBLIC COMMENT

DOG CONTROL

Jay Laforest Jr., 69 Laforest Rd., West Chazy, NY (Sciota), expressed his concern that the Dog Control Officer was not doing his job. Supervisor Spiegel advised that the present Dog Control Officer is resigning as of the end of the year and that the Town of Mooers is presently reviewing applications for his replacement.

STEVE SOUTHWICK

Steve Southwick, outside plant engineer for Primelink appeared before the Board to explain that they wish to bury a fiber optic cable within the ROW on the west side of the Ridge Road so as to connect Wyeth of Chazy with Wyeth of Rouses Point.

ATTORNEY FOR THE TOWN REPORT

None

HIGHWAY SUPERINTENDENT REPORT

Highway Supt. Richard Lewis reports:

Ø That the parking lot at the Town garage is complete.

Ø That sand piling is mostly complete.

Ø That over 600 tons of salt is in.

Ø He has found a 1989 20 ton trailer that he would like permission to purchase for $5,000.00.

AUTHORIZATION TO PURCHASE A USED 20 TON TRAILER

esolution No. 98 - 10/09/2007

Councilor Marinus Rovers 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 Hwy. Supt. was unable to acquire the trailer as was authorized by Resolution No. 78 – 08/13/07; and

WHEREAS, Hwy. Supt. Richard Lewis has found another used 20 ton trailer for sale; and

WHEREAS, he requests permission to purchase it for $5,000.00 with use of funds from the Highway equipment account;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize Hwy. Supt. Richard Lewis to purchase a used 20 ton trailer for $5,000.00 from Carl Nephew if found to be in acceptable condition, with use of Highway equipment fund account.

Ø That he recommends that the Town Board authorize him to accept the Back hoe bid from Nortrax NE, LLC, for $72,933.00 for the John Deere Model 410J.

AWARDING OF BID FOR 2007 BACKHOE

esolution No. 99 - 10/09/2007

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 Town Board has received three bids, one from Nortrax NE LLC for $72,933.00, a second from Tracey Road Equipment for $66,889.00 and a third from Liftech Equipment Companies for $70,524.00; and

WHEREAS, Highway Supt. Richard Lewis recommends the Board accept the $72,933.00 bid from Nortrax NE, LLC because Tracey Road Equipment and Liftech Equipment Companies were unable to meet some of the requested specifications;

NOW, THEREFORE BE IT RESOLVED, that the Chazy Town Board does hereby award the bid to Nortrax NE, LLC,60 Trade Rd., Plattsburgh, NY 12901 for a 2007 John Deere Model 410J Backhoe w/5 year/1500 hours full machine warranty at the price of $72,933.00 delivered to the Town of Chazy Highway Department. The lower bid from Tracey Road Equipment was unable to meet many of the specifications. Horse power lower than specifications required and backhoe arm reach too short. Liftech Equipment Companies was unable to meet all specifications as the backhoe arm reach is too short.

TOWN COUNCIL ITEMS

Ø Councilor Marinus Rovers advised that he had advised William Ashley to contact the Town Attorney to sign paperwork for the Kinsley Road bridge transfer. Supervisor Spiegel advised that the paper work has been signed and the transfer complete.

Ø Councilor Jerry Deno requested clarification as to when the Town could purchase the new computer equipment. Advised that if will be done after the 30 days required subject to permissive referendum. Reference Resolution No. 97 – 10/03/07.

Ø Councilor Donald Trombly advised that he was in contact with Mr. Kalvaitis about the possibility of being interested to become a dog control officer. He requested more information.

SUPERVISOR ITEMS

Supervisor Staub Spiegel reports:

Ø That Hwy. Supt. Richard would like to go out to bid for an outside Woodstove for the Town Garage.

AUTHORIZATION FOR HIGHWAY SUPT. TO ADVERTISE FOR BIDS ON A NEW OUTSIDE WOODSTOVE USING GENERAL EQUIPMENT TYPE CAPITAL RESERVE FUNDS SUBJECT TO PERMISSIVE REFERENDUM FOR SUCH PURPOSE

esolution No. 100 - 10/09/2007

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, Hwy. Supt. Richard Lewis requests authorization to go out to bid for the purchase of an outside woodstove; and

WHEREAS, General Equipment Type Capital Reserve Funds in the amount not to exceed $17,000.00 would be used 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 outside woodstove at a cost not to exceed $17,000.00 of which would come from the General 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 General Equipment Type Capital Reserve Funds to purchase an outside woodstove not exceeding $17,000.00 for such purposes; and

FURTHER RESOLVED, that the Town Clerk advertise, in the Press Republican, a request for bids, for a new outside woodstove. The bids are to be opened at the regular meeting on Thursday November 8, 2007 at 7:00 pm at the Chazy Town Hall.

Ø That the salt storage grant application is on hold.

Ø That the 2008 Tentative Budget was presented to the Board at a meeting on October 3, 2007 and discussed a few more changes needed to be made before it was to become the Preliminary Budget.

Ø That a letter was received from the State of New York DOT advising that the department’s conclusion, on the request for a lower speed zone on Fiske Road between the end of the 35 MPH Zone and the Ratta Road, is to post a 45 MPH buffer speed limit from the existing 35 MPH Speed Zone south, around the curve, to a point just past the Ratta Road intersection.

Ø Having received a letter from Smithelectrics noting his requests for a new contract. Supervisor Spiegel requested authorization to send a letter to negotiate several of the requests by Smithelectrics.

RESOLUTION AUTHORIZING SUPERVISOR TO NEGOTIATE WITH SMITHELECTRICS

esolution No. 101 - 10/09/2007

Councilor Jerry Deno 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, Supervisor Staub Spiegel requests authorization to negotiate with Smithelectrics for a new contract;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize Supervisor Staub Spiegel to negotiate a new contract with Smithelectrics.

Ø That a letter was received from Janice Merry requesting some relief from her water and sewer bill of $1,802.80 as she had a hot water tank leak in her cellar and that she used a sump pump to extract the water and did not send it in the sewer line. After discussion the consensus of the Board was not to authorize any relief as was the case of several other past requests.

COUNTY LEGISLATOR REPORT

Clinton County Leg. Tom Sears reports:

Ø That sales tax receipts are still up.

Ø That the EPA will soon mandate salt storage buildings, so continue to pursue and work on the grant application.

Ø That more news will be released soon on the possibility of another airline to service Plattsburgh International Airport.

INDEMNIFICATION FOR DOG DAMAGE

esolution No. 102 - 10/09/2007

Councilor Jerry Deno 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, Assessor Patricia Ayer requests the Town Board designate in writing an individual to determine dog damage claims;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby designate the Dog Control Officer for the Town of Chazy to be responsible for any dog damage claims as per Agriculture and Markets Law Section 125-4.

SIX-YEAR PLAN FOR RE-INSPECTION, RE-APPRAISAL & MAINTAINING ASSESSMENTS

esolution No. 103 - 10/09/2007

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 Plan for Re-inspection, Reappraisal and Maintaining Assessments at 100% on an Annual Basis needs the Boards approval;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby agree to enter into maintaining the six year plan for Assessment at 100% on annual basis with New York State and does authorize the Supervisor to sign the Plan for Re-inspection, Reappraisal and Maintaining Assessments at 100% on an Annual Basis.

RESOLUTION APPROVING PRELIMINARY BUDGET FOR 2008 AND DIRECTING PUBLIC HEARING THEREON

esolution No. 104 - 10/09/2007

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.

The Town Board of the Town of Chazy, duly convened in special session October 3, 2007, does hereby resolve as follows:

SECTION 1. Pursuant to and in accordance with the provisions of Section 106 of the Town Law and other applicable provisions of law, the tentative detailed statement of estimated expenditures and revenues, with certain changes made, be and the same hereby is approved and adopted as the preliminary budget of the Town of Chazy for the fiscal year beginning January 1, 2008. Such preliminary budget shall be filed forthwith in the office of the Town Clerk of the Town of Chazy where it shall be available for public inspection.

SECTION 2. The Town board of the Town of Chazy shall meet at the Town Hall at 9631 Route 9, Chazy, NY, on November 8, 2007 at 7:00 PM and then and there hold a public hearing upon such preliminary budget.

SECTION 3. The Town Clerk of the Town of Chazy shall give notice of such public hearing by publishing notice thereof in the Press-Republican, the official newspaper of the Town of Chazy, at least five (5) days prior to November 8, 2007 and shall cause a copy of said notice to be posted on the signboard of the Town of Chazy not later than five (5) days before November 8, 2007.

SECTION 4. This Resolution shall take effect immediately.

NOTICE OF PUBLIC HEARING FOR THE CHAZY & WEST CHAZY FIRE PROTECTION CONTRACTS FOR 2008

esolution No. 105 - 10/09/2007

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

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 Chazy and West Chazy fire districts have submitted their 2008 Fire Protection budget requests,

NOW, THEREFORE BE IT RESOLVED, that the Chazy Town Board does hereby authorize the Town Clerk to advertise, in the official newspaper, Notice of Public Hearing on the Chazy fire protection contract with the Chazy and West Chazy Fire Districts to be held at the Chazy Town Hall on Thursday Nov. 8, 2007 at 7:05 PM.

NOTICE OF PUBLIC HEARING FOR THE HAMLET OF CHAZY SEWER DISTRICT 2008 BUDGET

esolution No. 106 - 10/09/2007

Councilor Marinus Rovers 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.

The Town Board of the Town of Chazy, duly convened in special session October 3, 2007, does hereby resolve as follows:

SECTION 1. Pursuant to and in accordance with the provisions of Section 106 of the Town Law and other applicable provisions of law, the tentative detailed statement of estimated expenditures and revenues, with certain changes made, be and the same hereby is approved and adopted as the preliminary budget of the Hamlet of Chazy Sewer District for the fiscal year beginning January 1, 2008. Such preliminary budget shall be filed forthwith in the office of the Town Clerk of the Town of Chazy where it shall be available for public inspection.

SECTION 2. The Town board of the Town of Chazy shall meet at the Town Hall at 9631 Route 9, Chazy, NY, on November 8, 2007 at 7:10 PM and then and there hold a public hearing upon such preliminary budget.

NOTICE OF PUBLIC HEARING FOR THE HAMLET OF CHAZY WATER DISTRICT 2008 BUDGET

esolution No. 107 - 10/09/2007

Councilor Marinus Rovers 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.

The Town Board of the Town of Chazy, duly convened in special session October 3, 2007, does hereby resolve as follows:

SECTION 1. Pursuant to and in accordance with the provisions of Section 106 of the Town Law and other applicable provisions of law, the tentative detailed statement of estimated expenditures and revenues, with certain changes made, be and the same hereby is approved and adopted as the preliminary budget of the Hamlet of Chazy Water District for the fiscal year beginning January 1, 2008. Such preliminary budget shall be filed forthwith in the office of the Town Clerk of the Town of Chazy where it shall be available for public inspection.

SECTION 2. The Town board of the Town of Chazy shall meet at the Town Hall at 9631 Route 9, Chazy, NY, on November 8, 2007 at 7:15 PM and then and there hold a public hearing upon such preliminary budget.

EMPLOYEE ASSISTANCE SERVICES/SERVICE AGREEMENT 10/01/2007 THRU 09/30/2008

esolution No. 108 - 10/09/2007

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, it is time to re-new the Town’s Employee Assistance Services, Service Agreement with Behavioral Health Service North, Inc.

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the Town to enter a Service Agreement for Employee Assistance Services with Behavioral Health Service North, Inc. for 10/01/07 thru 09/30/08; and

FURTHER RESOLVED, that Supervisor be authorized to sign the Service Agreement.

ANNUAL MAINTENANCE PERMITS FOR UTILITY INSTALLATIONS WITHIN COUNTY R.O.W.

esolution No. 109 - 10/09/2007

Councilor Marinus Rovers 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, Clinton County Highway Department requires the Town of Chazy to acquire an annual maintenance permit for activities that the Town conducts with water and sewer lines installed within the right-of-way along County roads within the Town of Chazy;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the Supervisor to file, with the Clinton County Highway Department, an annual application for a maintenance permit, required for maintenance activities that the Town conducts with water and sewer lines within the County roads right-of-ways,

2007 BUDGET TRANSFERS

esolution No. 110 - 10/09/2007

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

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.

RESOLVED, that the Chazy Town Board does hereby authorize the following 2007 budget transfers:

From: Amount: To:

1220.01.004.12 School $200.00 1220.01.004.21 Supplies

1990.01.004.00 Contingent $60.00 1450.01.004.19 Phone

1990.01.004.00 Contingent $129.00 5680.01.004.00 Truck

1990.01.004.00 Contingent $891.00 5132.01.004.56 Maint.

1990.01.001.00 Contingent $560.00 1410.01.004.48 Computer

8020.01.001.00 Per. Serv. $2.00 8020.01.004.21 Supplies

PAYMENT OF CLAIMS

esolution No. 111 - 10/09/2007

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.

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

General Fund claims #309-340, 6818, in the amount of $16,363.89

17369, 17426-17428, 17430

Highway Fund claims #162, 181, 6818, in the amount of $100,914.15

17428, 17430

Light Districts claim 19 in the amount of $2,232.07

Sewer District claims #92-99, 1049-1051 in the amount of $3,423.74

Water District claims #75-81, 1052, 1053, in the amount of $7,099.17

1055

T & A claims #6803, 6804, 6817, 6819, in the amount of $5,384.60

6820-6822, 6836, 6837

ADJOURNMENT

Councilor Cathy Devins made a motion, seconded by Councilor Jerry Deno to adjourn the 10/09/07 Regular Town Board meeting at 8:35 PM.

Respectfully yours,

Leo J. Oliver

Clerk of the Board