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

DATE: October 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 - Heidi Dennis (x) ( )

Hwy. Supt. - Richard Lewis (x) ( )

OTHERS PRESENT: S. Patnode, S. Castine, J. Gagnier, C. Gagnier, C. Brean, G. Brean, R. Peterson and W. Bixler.

CALL MEETING TO ORDER

Supervisor Staub Spiegel called the 10/14/08 Regular Town Board meeting to order at 7:00 PM.

MINUTES

Councilor Cathy Devins made a motion that the minutes of the 09/08/08 regular Town Board meeting and the 09/22/08 and 10/06/08 special Town Board meetings be approved as submitted by the Town Clerk, seconded by Councilor Christopher Latremore.

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

REPORTS

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

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

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

PLAQUE PRESENTATION

Supervisor Staub presented a plaque to both retired Town Justice James Mike Gagnier and retired Court Clerk Constance Gagnier for their years of service from 1990 thru 2008.

PUBLIC COMMENT

Warren Bixler questioned the board as to whether Brookside Road was a private or public road. Advised that it was a private road.

ATTORNEY FOR THE TOWN REPORT

Attorney Heidi Dennis reports:

That Mr. Favreau sent a letter to NYS DEC requesting a 30 day extension for the completion of the Sewer Maintenance manual.

HIGHWAY SUPERINTENDENT REPORT

Highway Supt. Richard Lewis reports:

· Sand and salt are now being mixed.

· That he is still getting more info and prices for a generator for the T/Garage.

TOWN COUNCIL ITEMS

Councilor Christopher Latremore Discussed The Following With The Board:

· The request for a blind person sign on Rt. 22.

· Are there health issues in the Town and are they being checked by Code Officer Robert West.

· Rec. Park bathroom progress.

· Sewer building update.

· Authorized snow mobile roads and signs.

Councilor Jerry Deno Discussed The Following With The Board:

· Report on furnace at West Chazy Town Hall.

· T/Garage door update.

· Letter to Chazy Orchard’s possibly being sent by David Siskavich about the water situation.

· Septic update at the West Chazy Rec. Park (George Deno Memorial Park).

· The hiring of a Court Clerk.

Councilor Cathy Devins Discussed The Following With The Board:

· An update on a Community Day at CCRS cafeteria on October 25, 2008.

SUPERVISOR ITEMS

Supervisor Staub Spiegel reports:

· Results on the fluoride survey. 42 % returned the survey. 21 yes and 66 no.

· Code officer Robert West requests that Philip Fortsch be allowed to sign off on building permits of which would pose a conflict of interest to Mr. West.

_________________________________________________________

AUTHORIZATION FOR PHILIP FORTSCH TO SIGN BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY

esolution No. 112 - 10/14/2008

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

WHEREAS, Code Officer, Robert West requests that Philip Fortsch be authorized to sign building permits and certificates of occupancy;

NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorizes Philip Fortsch to sign building permits and certificates of occupancy.

· Filter replacement at Leo Cote property.

· JCEO replacing furnace and installing insulation at West Chazy Town Hall.

______________________________________________________________

JCEO AUTHORIZED TO REPLACE FURNACE AND INSTALL INSULATION AT WEST CHAZY TOWN HALL

esolution No. 113 - 10/14/2008

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

WHEREAS, JCEO has obtained a grant to replace the furnace and install insulation at the West Chazy Town Hall with the Town’s share of the cost to be $1,500.00;

NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize JCEO to replace the furnace and install insulation at the West Chazy Town Hall and agree to pay $1,500.00 as the Town’s share.

_________________________________________________________________

· Town Historian Robert Cheeseman to attend a school on October 18, 2008 with the only cost will be the mileage.

EXECUTIVE SESSION

esolution No. 114 - 10/14/2008

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 Jerry Deno seconded.

Roll Call Vote:

MOTION CARRIED.

Board went into Executive Session at 7:44 PM.

Board returned from Executive Session at 7:53 PM.

No action taken therefore no minutes.

RESOLUTION APPROVING PRELIMINARY BUDGET FOR 2009 AND DIRECTING PUBLIC HEARING THEREON

esolution No. 115 - 10/14/2008

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

The Town Board of the Town of Chazy, duly convened in special session October 6, 2008, 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, 2009. 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 6, 2008 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 6, 2008 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 6, 2008.

SECTION 4. This Resolution shall take effect immediately.

NOTICE OF PUBLIC HEARING FOR THE CHAZY & WEST CHAZY FIRE PROTECTION CONTRACTS FOR 2009

esolution No. 116 - 10/14/2008

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

WHEREAS, the Chazy and West Chazy fire districts will submit their 2009 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. 6, 2008 at 7:05 PM.

NOTICE OF PUBLIC HEARING FOR THE HAMLET OF CHAZY SEWER DISTRICT 2009 BUDGET

esolution No. 117 - 10/14/2008

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

The Town Board of the Town of Chazy, duly convened in special session October 6, 2008, 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, 2009. 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 6, 2008 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 2009 BUDGET

esolution No. 118 - 10/14/2008

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

The Town Board of the Town of Chazy, duly convened in special session October 6, 2008, 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, 2009. 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 6, 2008 at 7:15 PM and then and there hold a public hearing upon such preliminary budget.

EMPLOYEE ASSISTANCE SERVICES/SERVICE AGREEMENT 10/01/2008 THRU 09/30/2009

esolution No. 119 - 10/14/2008

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

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 10/01/08 thru 09/30/09; 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. 120 - 10/14/2008

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

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,

SUPPLEMENTAL SALARY FOR T/J ROBERT DUNLOP FOR BALANCE OF THE YEAR 2008

esolution No. 121 - 10/14/2008

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

WHEREAS, T/J Robert Dunlop requests supplemental salary for himself due to the extra workload to finish out 2008, as T/J James Gagnier retired on 09/16/08;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize an increase in salary for T/J Robert Dunlop amounting to the balance of the year 2008 for T/J James Gagnier due to the extra work load; and

FURTHER RESOLVED that the salary for T/J Robert Dunlop will revert to his regular budgeted salary for 2009.

SUPPLEMENTAL SALARY FOR COURT CLERK CAROLYN MESECK-PRATT FOR BALANCE OF THE YEAR 2008

esolution No. 122 - 10/14/2008

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

WHEREAS, Court Clerk Carolyn Meseck-Pratt requests supplemental salary for herself due to the extra workload to finish out 2008, as Court Clerk Constance Gagnier retired on 09/16/08;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize an increase in salary for Court Clerk Carolyn Meseck-Pratt amounting to the balance of the year 2008 for Court Clerk Constance Gagnier due to the extra work load; and

FURTHER RESOLVED that the salary for Court Clerk Carolyn Meseck-Pratt will revert to her regular budgeted salary for 2009.

RESOLUTION AUTHORIZING THE PURCHASE OF TWO SUN CLOUD HEATERS

esolution No. 123 - 10/14/2008

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

WHEREAS, Supervisor Staub Spiegel request authorization to purchase two Sun Cloud Heaters;

NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize the Supervisor to purchase of two Sun Cloud heaters at a cost not to exceed $900.00.

RESOLUTION NOTING THAT THE REPLACEMENT FILTERS FOR WATER LINES TO BE THE RESPONSIBILITY OF THE PROPERTY OWNER

esolution No. 124 - 10/14/2008

Supervisor Staub Spiegel made a motion to adopt the following resolution, seconded by Councilor Cathy Devins.

WHEREAS, replacement filters will be needed for those installed on certain water lines;

NOW, THEREFORE, BE IT RESOLVED that the Chazy Town Board does hereby authorize that the replacement filters on certain installed water lines will be the responsibility of the property owners.

2 ayes, 2 noes, 1 absent. Motion not carried. Ayes - Councilor Cathy Devins and Supervisor Staub Spiegel. Noes - Councilor Christopher Latremore and Councilor Jerry Deno. - Absent - Councilor Donald Trombly.

The above resolution No. 124 was denied as the motion was not carried.

AUTHORIZATION TO APPLY FOR 2008 JUSTICE COURT ASSISTANCE PROGRAM GRANT

esolution No. 125 - 10/14/2008

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

WHEREAS, T/J Robert Dunlop requests permission to apply for a grant from the 2008 Justice Court Assistance Program for a new shredder, a Judicial robe and a safe for the Court room;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize T/J Robert Dunlop to apply for a grant from the 2008 Justice Court Assistance Program for a new shredder, a Judicial robe for the new Judge and a safe for the Court room;

SENIOR HOUSING GRANT APPLICATION APPROVAL

esolution No. 126 - 10/14/2008

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

WHEREAS Senior Housing is filing an application for a grant;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby give their approval to Senior Housing filing for a grant.

2008 SEWER DISTRICT FUND BUDGET MODIFICATION

esolution No. 127 - 10/14/2008

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

WHEREAS, an appropriation account needs to be modified;

NOW, THEREFORE, BE IT RESOLVED, that the Chazy Town Board does hereby authorize the following Sewer district fund, 2008 Budget modification, to show an added unexpended balance of $8,773.00 and add $8,773.00 to appropriation account 8110.09.004.00.

2008 BUDGET TRANSFERS

esolution No. 128 - 10/14/2008

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

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

From: Amount: To:

7140.05.002.39 Gen bld cap reserve $1,034.00 5031.01.000.00 Transfer

5031.01.000.00 Transfer $1,034.00 7140.01.002.39 Rec Pk bld

1990.01.004.00 Contingent 176.00 1220.01.004.21 Supplies

1990.01.004.00 Contingent 86.00 8160.01.004.00 Refuge

1990.01.004.00 Contingent $444.00 1670.01.004.23 Serv Contract

1990.01.004.00 Contingent $38.00 8020.01.004.21 Supplies

1990.01.004.00 Contingent 24.00 7310.01.004.31 maint.

1990.01.004.00 Contingent 44.00 3620.01.004.21 Supplies

5110.03.004.43 Rental $6,161.00 5110.03.004.31 Road Repairs

5110.03.004.43 Rental 2,113.00 5110.03.004.45 gas

8110.22.004.00 Type Cap Res. $12,000.00 5031.09.000.00 Transfer

5031.09.000.00 Transfer $12,000.00 8110.09.004.00 Maint.

PAYMENT OF CLAIMS

esolution No. 129 - 10/14/2008

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 #324-357, 18200- in the amount of $21,151.59

18210

Highway Fund claims #164-181, 18200- in the amount of $173,040.38

18202, 18205-19209

Light Districts claim #17 & 18 in the amount of $3,617.47

Sewer District claims #95-104, 10811081- in the amount of $9,266.05

10851085

Water District claims #80-90, 1083-1086 in the amount of $6,726.46

T & A claims #7452, 7453, 7555-7457, in the amount of $7,695.73

7473, 7474, 7485-7491, 7505 & 7506

SECOND EXECUTIVE SESSION

esolution No. 130 – 10/14/2008

Roll Call Vote:

MOTION CARRIED.

Board went into Executive Session at 8:12 PM.

Board returned from Executive Session at 8:25 PM.

No action taken therefore no minutes.

ADJOURNMENT

Councilor Cathy Devins made a motion, seconded by Councilor Jerry Deno to adjourn the 10/14/08 Regular Town Board meeting at 8:25 PM.

Respectfully yours,

Leo J. Oliver

Clerk of the Board