As Amended
The Town Board of the Town of Clayton met
in the Town Board Room with the following present:
Robert W. Cantwell, Jr. George Kittle,
Justin Taylor, Donald Turcotte, Bonnie Rose, Bob Boulton, Kathy
LaClair, Nicole Cornaire, Keith Wood, Jude Seymour, Steve Dorr,
Rob Campany, Mike Badour, Dave Clark, Les Drake
Supervisor Cantwell opened the regular
meeting at 5:00 PM.
Town Clerk:
Correspondence:
- Judge Clarence
Giles report for April 2006. (See attached report.)
- Judge
Clifford James report for April 2006. (See attached report.)
- Memo from
Jim Lawrence, Jefferson County Highway Superintendent has
closed to traffic Bridges G010, G011, on
Depauville Road over Buttermilk Creek, Town
of Clayton. (See attached.)
- Memo from Clayton
Volunteer Fire Department, Inc. inviting Board
members to sit on the reviewing
stand, Sunday, June 11th @ 1PM for the
Northern New York Volunteer Fireman’s
Convention parade. (See
attached.)
- Received the Town
of Clayton Fire District meeting agenda for 5/10/06
and minutes from their
previous meeting. (See attached.)
- Clayton Opera House
Events Schedule for 2006. (See attached.)
- Memo from
Town off Henderson looking for interested parties in
Digital Towpath Web site.
(See attached.)
- Notice of Funding
Award/Request for Proposals for the 2006 Home
Program from North Country HOME
Consortium with $1.453 million
available. (See attached.)
- Insurance
Services Office, Inc. resurveying communities and areas
which have public fire
protection. Looking to gather information needed to
determine a public protection
classification, which may be used to develop
property insurance premium calculations. (See attached.)
- Letter from Devine
Tarbell & Associates, Inc. dated 4/21 on behalf of Erie
Boulevard Hydropower L.P., Licensee for the
Black River Project. They submitted
audio recordings. (See attached.)
- Letter from G.
Jeffrey Haber, Executive Director of Associations of
Towns informing us of a policy
regarding the participation of State
Troopers in the plea bargain process of traffic tickets in town
justice courts. Assoc. of Towns is
urging us to register our objection to this
mid- budget year policy change
and urge its suspension until its fiscal impact on
local budgets can be measures and
ameliorated. (See attached.)
- Letter from
Jefferson County Youth Bureau dated 5/1/06 for applying for
funding for 2007 in addition to
the annual allocation. Application needs to be
completed and returned to Youth Bureau by 6/16/06. (See
attached.)
- Letter dated
5/9/06 from USDA-Rural Development Manager Carol
McDonald in regards to Civil Rights
Compliance Review.
Minutes:
Motion made by George Kittle, 2nd
Bonnie Rose, to approve minutes of the April 26, 2006. Motion
carried.
Points of Interest:
-
Dan Murdie, PPM representative will be addressing the
Board at our Workshop meeting on May 24th.
-
Several persons have inquired of the possibilities of a
sewer district on the Alexandria Bay – NYS Route 12 extension.
-
Received a call from Direct Energy who is an approved
National Grid energy affiliate.
Recreation Park ¾ Ton Pickup:
Supervisor Cantwell stated that Board
action is need to ratify the expense of $21,157.00 for the
purchase of the Rec. Park ¾ Ton Pickup from State Contract. The
only additional expense would be a hitch, 2nd battery
and a snow plow.
Motion by George Kittle, 2nd
by Don Turcotte to purchase a 3/4-Tonpickup from State
Contract. Motion carried.
Resolution #31 of 2006 offered by
George Kittle, 2nd by Bonnie Rose to approve filing a
grant application with the NYS Office of Parks, Recreation and
Historic Preservation for funds to assist in the Clayton Opera
House Renovation. Robert W. Cantwell aye, George Kittle aye,
Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.
(See Resolution Book.)
Resolution #32 of 2006 offered by
Donald Turcotte, 2nd by George Kittle, to approve
filing a grant application with the NYS Department of State
(Division of Coastal Resources) for funds to assist in the
Clayton Opera House Renovation. Robert W. Cantwell Jr. aye,
George Kittle aye, Justin Taylor aye, Donald Turcotte aye and
Bonnie Rose aye. (See Resolution Book.)
Resolution #33 of 2006 offered by
Bonnie Rose, 2nd by Donald Turcotte, to take action
on an Environmental Quality Review Action (SEQRA) short form for
the Clayton Opera House HVAC project. Robert W. Cantwell Jr.
aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye,
and Bonnie Rose aye. (See Resolution Book.)
Resolution #34 of 2006 offered by
George Kittle, 2nd by Bonnie Rose, to recognize Town
of Clayton employees, who all belong to the New York State
Retirement System. Robert W. Cantwell Jr. aye, George Kittle
aye, Justin Taylor aye, Donald Turcotte, and Bonnie Rose aye.
(See Resolution Book.)
Public:
Mike Badour stated he had
dialog with the Zoning Enforcement Officer (ZEO) on April 23rd
concerning outdoor furnaces. Mr. Badour takes exception that a
zoning permit is needed for outdoor furnaces. ZEO LaClair
stated his (LaClair) interpretation of the Zoning ordinance
indicated that a permit is required. ZEO LaClair advised Mr.
Badour to go ahead with his project until a legal interpretation
was received form the Town Attorney. If the attorney agreed
with the ZEO’s interpretation, ZEO LaClair would and did send
paperwork for Mr. Badour to complete and submit for his permit.
Mr. Badour indicated that he is not against permits, but doesn’t
see anything pertaining to outdoor furnaces in the ordinance and
doesn’t feel a permit is warranted. Mr. Badour also stated that
there are approximately 10 others with outdoor furnaces that
have not received a permit, and feels that he is being singled
out. He has located his furnace way past any setbacks so as not
to be encroaching on his neighbors. Mr. Badour feels he
shouldn’t be required to spend $30.00 to get a permit when
others don’t have a permit.
ZEO LaClair had given each board member a
packet concerning this problem, of which a copy was also sent to
Mr. Badour. (See attached.)
Supervisor Cantwell indicated to Mr. Badour
that he was not the first to have to comply. In 1997 Mt. Zion
Church in Depauville applied for a variance to place an outdoor
furnace closer to the lot line than was allowed by the ordinance
and also obtained a permit. Supervisor Cantwell also stated the
information received from the ZEO also indicated that if the
furnace was put in a legal existing out building, a permit would
not be required.
Councilman Taylor indicated that this board
should ask the Planning Board to look into and give a good
definition of outside furnaces as an amendment to the Zoning
ordinance.
Les Drake wanted clarification
that the resolution the Town Board was doing, was to set a
public hearing date for a Moratorium on Wind Turbines & Wind
Towers.
Recreation Park Chiller:
Rob Campany of Bernier, Carr & Associates
stated that last year at the start up of the chiller at
Recreation Park, there had been many problems. The Town Board
authorized a temporary fix. This chiller is the original that
was installed in 1973/74. It is now time to update and look at
changing the type of refrigerant. Mr. Campany presented some
preliminary figures to the board. An estimate is approximately
$275,000. Some of this might be refundable thru NYSERDA if we
apply. The timeline for replacement is about 23-24 weeks.
Motion made by Donald Turcotte, 2nd
by Bonnie Rose, to proceed with the bidding process, short of
awarding a contract and also make application for the NYSERTA
funding. Motion carried.
Resolution #35 of 2006 offered by
Justin Taylor, 2nd by George Kittle, to set a public
hearing date for June 14, 2006 @6:30 PM, to hear all persons in
regard to setting a 180-Day (6 Months) Moratorium on Wind
Turbine & Wind Farms in the Town of Clayton so that a clear
definition and guidelines can be established for inclusion in
the Town Zoning Ordinance. Robert W. Cantwell Jr. Aye, George
Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie
Rose aye. (See Resolution Book.)
Waiving Death Certificate Fee:
Motion by George Kittle, 2nd
by Justin Taylor, to waive the $10.00 fee to Jefferson County
District Attorneys Office for a death certificate needed for a
criminal investigation. Motion carried.
Supervisor’s Report:
Motion by George Kittle, 2nd
by Bonnie Rose, to approve the Supervisor’s Report for April
2006 as presented. Motion carried. (See attached.)
Bills:
Motion by George Kittle, 2nd
by Bonnie Rose, to approve abstract #5 of 2006 as amended;
paying voucher #519 thru #638 in the amount of $100,427.11.
Motion carried. (See Abstract .)
Interim Office Space Discussion:
Supervisor Cantwell stated he inquired at
Northern Physical Therapy. They have 1300 sq. ft. of space with
an access on Webb Street. This could be costly as petitions and
floor covering would be needed. Prior meetings, Supervisor
Cantwell had indicated that he had checked with Justice Giles on
the Municipal Building for the Justices and there had been no
headway for that space. He has also put a call in to the
Knights of Columbus Grand Knight, but so far they have not
connected.
Board member Taylor indicated that a face
to face discussion should be made with the Village Mayor on a
possible temporary relocation at their facility.
Supervisor Cantwell stated he had no
problem with a preliminary talk with the Mayor on that topic.
Highway Superintendent:
1.
Back at Frink’s today removing concrete. It takes 2-21/2
minutes to load a truck. We have Town of Clayton, Brownville
and Orleans trucks hauling the concrete.
2.
Currently have one (1) truck left to get back on line.
3.
Trailer bid did go to Walldroff. The trailer should be
here end of June.
4.
Dig Safely Seminar will be 5/17 in Canton. We will be
sending Candie. Motion by Bonnie Rose, 2nd by
Donald Turcotte, to approve Candie Pecor to attend this school
and allow reimbursement for mileage. Motion carried.
5.
Superintendent Boulton is spear heading a letter writing
campaign for an unfounded mandate that is currently a bill in
the Assembly asking to set up a commission under the DEC to
govern material that gets dispensed on the highways and
materials that must be covered.
6.
Road Tour – Everything went well. Superintendent Boulton
stated that it is good the Board sees what has been completed
and what funds will be needed on roads to be done in the future.
7.
Have put an ad in the paper for an employee. Four (4)
responses have been received. Three (3) didn’t have CDL
licenses or equipment expertise, one (1) did and has been
hired. Steve Busby has been hired.
Motion by Bonnie Rose, 2nd by George Kittle, to
hire Steve Busby at $11.50 per hour and also approve the
health premium to start and be paid on the June abstract.
Motion carried.
8.
Zipper demonstration will be 9 AM at the County Highway
Garage tomorrow, then following we will be working at County
Route 125.
Committee Reports:
Bonnie
Rose: - Nothing to report from the Paynter Senior
Center.
- Hawn Memorial Library –
Police Chief Kevin Patenaude,
Officer Robin Pierce
and Cosmo held a Drug Awareness
Program for a dozen or so people.
- Highway Dept. speaking of
Zipper demonstration, Town
of Lisbon has
one. Also she enjoyed the road tour as it
was very informative.
George
Kittle: - Chamber of Commerce rescheduled their
meeting to next
Thursday the 18th.
- Youth Commission: Kyle
Barton is resigning as of the 1st
of June.
- Clarification was needed:
Is it alright for the youth
commission to go
ahead with the creation of a Booster
Club. Yes. A booster
club needs their own by-laws as
they’re a stand alone
entity unlike the Youth
Commission, which is a part of the
Town & Village.
- Also wondering if Keith
Wood or his staff can paint the
lines on the
fields as opposed to using lime. Supervisor
Cantwell
indicated that the Youth Commission should
check directly
with Mr. Wood.
- How does the Village
re-appointments of one year to the
Zoning & Planning
Boards affect us? We have appointed
are members according to the
current Intermunicipal
Agreement. We don’t believe any other appointments
contrary to
the IMA would be legal.
Justin
Taylor: - GIS: Nothing heard yet.
- Discussion with Jim Kenney
at CFS in Depauville, they
would be willing
to help us with training, etc. with the
GIS.
- Asset Disposal: Haven’t
completed anything more. Might
want to explore quoting steel pickup at the Transfer Site
on a 6 months
fee basis.
- Consolidation: $200,000
award should be here in May.
Hoping to make the
best use of the award.
- Inquiry of any surveys
having been returned for the NYS
Route 12E/Bartlett
Point. Discussion.
- Dock Committee Report:
The Village will be entering
into a 25
year lease for $200,000 with the Seaway
Authority. Bids are out and due back to the Village on
5/23. They’re hoping to
award the 1st week of June and
be done by the
1st of January 2007.
Donald
Turcotte: - Heritage Heights Sewer District
functioning properly.
- Depauville Sewer District:
completed a walking tour, of
the collection
system, three (3) manholes and
bed #1.
Good for another 30/40 years.
- Depauville Community
Center: Library Board getting
ready to
renovate the bathrooms. The Town will provide
specs and code and remove
debris to landfill.
- Rec. Park/T. Site: Getting
pool ready to open. Transfer
Site doing a
great job.
- Land next to the landfill,
we should enter into a discussion
about purchasing this. Negotiate closure of that mine.
Workshop
Meeting: Dan Murdie – Wind Turbines & Wind Farms
Motion
by Bonnie Rose, 2nd by George Kittle, to adjourn this
regular meeting at 7:30 PM. Motion carried.
______________________________
Kathleen E. LaClair, Town Clerk
