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Present:
Supervisor Anthony P. LeBarge, Councilman Roger Watters ,
Town Clerk Donna McBath, Councilman Michael Duprey,
Highway Superintendent Timothy Dow, Councilman Steven Jemison,
Attorney Charles Nash, esq., Councilman Christopher O’Brian

Guest: Gary Madlin – Ogdensburg
William LaRock – Lisbon
Cliff Bice – Lisbon
Rob Dean - Lisbon

1. Meeting Called to Order
Supervisor Anthony LeBarge called the meeting to order at 6:30 PM

Approval of Minutes
On a motion from Councilman Duprey and seconded by Councilman Jemison to approve the February 24, 2005 minutes.
Discussion from Highway Superintendent Dow in the Old Business Section Item A.
The paragraph has changed to:
New Tractor/Backhoe – When decision was made to order the John Deere Tractor/Backhoe from Nortrax at the February 9, 2005 meeting the cost of the backhoe was to be $45,693.00. Nortax final quote dated February 10, 2005 was $49,279.00 that was sent in by fax. At that time the order was put on hold.
The board then decided to look at the quotes from the New York State Bids; New Holland tractor/backhoe that was quoted on February 23, 2005 was $48,311.00 with the extended warranty.
Supervisor LeBarge commented that he would prefer purchasing without the extended warranty and the ride control.
Councilman Duprey commented that he would prefer purchasing with the extended warranty and without the ride control.
The remainder of the board felt the same as Councilman Duprey because if anything went wrong the extended warranty would pay for itself.
The tractor/backhoe comes with a one-year/1500hours warranty. There is an extended warranty that covers the powertrain and hydraulic for an additional two-year/1500hrs.
Superintendent Dow also felt that he should have been consulted on the switch before the final order was made. “He did not know why the board went against his better judgment.”
He also stated buying the machine without ride control was wrong. To keep control of the tractor without a load in the bucket was very hard to do without the ride control.

The minutes were approved with the amendment
Ayes – 5
Nays – 0

Town Board Minutes
March 9, 2005
Page 2

Approval of Town Clerks Report
On a motion from Councilman Watters and seconded by Councilman Duprey to approve the February 2005 Town Clerks Report. Ayes – 5
Nays – 0

Approval of Supervisors Report
Supervisor LeBarge informed the board that the value of the fuel that was used by the Highway Department indicated in the .4 appropriations was what had been actually use up to March 3.
On a motion from Councilman Watters and seconded by Councilman Duprey to approve the Supervisors Report. Ayes – 5
Nays – 0

Report on Audit Committee and Approval of Abstracts
Councilman Duprey questioned why Rita Scott Insurance was listed with the Highway Department. Supervisor LeBarge inform him it was a misprint.

Superintendent Dow informed the board when the last bid for fuel that was done on February 9, 2005 board meeting the quote was given as $1.4525. When delivery was made we were charged $1.4975. The board had then asked why did Superintendent Dow sign the voucher with that amount on it. His reply was that he was bringing it up to the board at this time. Superintendent Dow informed the board it was a different grade of fuel than what was originally ordered. Councilman Watters indicated that his signature on the voucher meant he had reviewed the voucher to indicate that Superintendent Dow’s signature was present and therefore that the proper fuel was delivered. At the time Superintendent Dow informed Councilman Watters that he (Superintendent Dow) had to do his work and the board’s also. It was decided to pay the only agreed upon price of $1.4525 per gallon until further resolution of the discrepancy.

*On a motion from Councilman Watters and seconded by Councilman O’Brian to approve the abstract with the amendment. (The difference in the fuel bill and additional abstracts were added in from the Recreation Committee) Ayes – 5
Nays – 0
Highway Superintendents Report
No report as he felt he indicated he spoke enough earlier in the meeting.

7. Recognition of Guest
No comments

Town Board Minutes
March 9, 2005
Page 3

8. New Business
Bids for the Tractor/Backhoe

*
On a motion from Councilman Duprey and seconded by Councilman Jemison to approve the selling the Tractor/Backhoe to Fred Amo for $15,750.00.

Resolution 6
Councilman Duprey has suggested that the Tractor/Backhoe is to be sold to Fred Amo for $15,750.00. If he decides not to accept the tractor it is to be sold to next highest bidder through the next highest 4 bidders.

On a motion from Councilman Jemison and seconded by Councilman Duprey to accept the Resolution 6. Ayes – 5
Nays – 0

The motion was fully carried to sell the Tractor/Backhoe to Fred Amo with the amendment.
Ayes – 5
Nays – 0
Town Clerk McBath is to notify Mr. Amo that he received the bid.

B. Former Agway Store
Donna Thompson, daughter to Bill Schaefer, would like to donate the former Agway Store to the Town of Lisbon. Supervisor LeBarge had informed the board that he did not know what is involved with the building and what the cleanup might be required. Attorney Nash recommended that the board not take possession of the building unless the present owner would have a phase 1 environmental assessment done. Supervisor LeBarge will be talking with Donna Thompson on what she would like to do.

Town Board Minutes
March 9, 2005
Page 4
D. Empire Zone
RESOLUTION # 4

A RESOLUTION SUPPORTING THE CONTINUATION OF THE NEW YORK STATE EMPIRE ZONE PROGRAM AND URGING THE NEW YORK STATE LEGISLATURE TO FULLY FUND LOCAL ADMINISTRATIVE FUNDING FOR THE PROGRAM

WHEREAS, the New York State Empire Zones Program is slated to sunset on March 31, 2005, and

WHEREAS, Ogdensburg is a designated Empire Zone and has a proven, successful track record with administering the program to create new jobs and retain existing jobs, and

WHEREAS, these solid results are exemplified by the recent expansion of BreconRidge, Inc., that will create 100 new jobs; with the recent attraction of MaxSys USA, Med-Eng, Inc., Classic Dental Labs, DEW Engineering and Development, Inc., and Ahava Foods, Inc., that have created an addition 100 new jobs and are projected to create up to 300 jobs when fully-operational; and with the retention projects at Acco Brands, Inc., and ANSEN, Inc., that have retained over 200 jobs and created over 100 new jobs,

NOW, THEREFORE, BE IT RESOLVED that in light of the outstanding local success of this program, and the success of the program statewide, that the Town of Lisbon Board hereby urges the Governor and the New York State Legislature to extend the life of this successful economic development program, and

WHEREAS, local administrative funding grants for the program have been recommended for elimination in the most-recent state budget, and

WHEREAS, the success of the program to date and the future success of the program is a direct result of local administration of the program which cannot be proved without adequate State assistance,

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town of Lisbon Board hereby urges its state representatives and the New York State Legislature to adequately fund all Zones at the original grant level of $50,000 per Zone to ensure the continued success of the program, and

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to Governor George Pataki; Assembly Speaker Sheldon Silver, New York State Senate Majority Leader Joseph Bruno, Senator James W. Wright; Assemblyman Darrel Aubertine; Assemblyman Robin Schimminger, Chairman, New York State Assembly Economic Development, Job Creation, Commerce and Industry Committee; and Senator James S. Alesi, Chairman New York State Senate Commerce, Economic Development and Small Business Committee.

On a motion from Councilman Jemison and seconded by Councilman Duprey to accept the Resolution 4. Ayes – 5
Nays - 0

Town Board Minutes
March 9, 2005
Page 5

D. Home Consortium Reauthorization
A proposed resolution from the Associations of Town regarding property taxes and the funding of local government services including public education was presented but no action was taken.
Resolution for Computel Consultants
RESOLUTIONS 5

WHEREAS, the New York State Public Service Commission instituted formal proceedings to consider the past billings and other issues, claims or disputes in connection with the rendering of street lighting service by Niagara Mohawk Power Corporation (“Niagara Mohawk”), and

WHEREAS, the Town of Lisbon intervened in such proceedings; and

WHEREAS, the Town of Lisbon engaged Computel Consultants (“Computel”) as its authorized representative in regard to all issues, claims or disputes pertaining to street lighting services rendered by Niagara Mohawk to the Town of Lisbon, including, but not limited to, its past Niagara Mohawk street lighting bills; and

WHEREAS, negotiations between Niagara Mohawk and Computel have resulted in a settlement agreement and release between Niagara Mohawk and the Town of Lisbon; and

WHEREAS, Computel has recommended the acceptance of such settlement agreement and release.

NOW THEREFORE BE IT RESOLVED, THAT THE Town Supervisor Anthony LeBarge is authorized and directed to execute a settlement agreement and release with and to deliver the same to Niagara Mohawk.

On a motion from Councilman Watters and seconded by Councilman Duprey to allow Supervisor LeBarge to sign the settlement agreement with Niagara Mohawk.
Ayes – 5
Nays – 0
Tax Rolls for the Internet
St. Lawrence County Treasurer’s Department is asking how the town would like to see the tax roll put in on the Web Site e.g.. by owners name or without the owners name, only the tax ID number.
On a motion from Councilman Watters and seconded by Councilman Duprey to asked the Treasurer’s Office to put the owners name and tax map number on the web site.
Ayes – 5
Nays – 0

Town Board Minutes
March 9, 2005
Page 6

Resolution for Cooperation Agreement
RESOLUTION # 7

At the meeting of the Municipal Governing Board of the Town of Lisbon, held on the 09 day of March, 2005, governing Board Member Anthony P. LeBarge offered the following:

Whereas, the national Affordable Housing Act of 1990 created new initiatives to produce and preserve affordable housing including the HOME Investment Partnerships Program (HOME), and

Whereas, the HOME Investment Partnerships Program will provide monies to states and local governments to fund affordable housing strategies, and

Whereas, Section 216 (2) of the National Affordable Housing Act provides that a consortium of geographically contiguous units of general local government may apply for funding under the HOME Program, and

Whereas, the Town of Lisbon has determined that it is desirable and in the public interest to cooperate with the County of St. Lawrence, in order to participate in the North Country HOME Consortium comprised of the County of Jefferson, County of Lewis, and the County of St. Lawrence, to receive funding under the HOME program.

Now, Therefore, Be It Resolved that the Municipal Governing Board authorizes its Chief Elected Official to execute, on behalf of the Town of Lisbon, a cooperation agreement with the County of St. Lawrence to undertake or assist in undertaking housing assistance activities for the HOME Investment Partnerships Program.

On a motion from Councilman Watters and seconded by Councilman Duprey to accept resolution # 7. Ayes – 5
Nays - 0

Local Law # 2
Attorney Nash asked for permission to draw up Local Law # 2 consisting of allowing the Animal Control Officer to seize and confine, for observation purposes, apparently healthy dogs, cats, domesticated ferrets and domestic livestock whish may have potentially exposed a person to rabies and which the owner wishes to avoid euthanizing and testing said animal.

On a motion from Councilman Duprey and seconded by Councilman Jemison to allow Attorney Nash to draw up the Local Law # 2. Ayes – 5
Nays – 0

The board has asked for the Town Clerk to notify the Animal Control Officer Paul Gravelle to attend April 13, 2005 meeting.

Town Board Minutes
March 9, 2005
Page 7

9. Committees Report
Code Enforcement Report For February – attached
Homecoming Report - attached

Other Concerns and Questions

Supervisor LeBarge informed the Town Board that the paint, mortar and caulking was chipping of the Town Barn. Supervisor LeBarge will be notifying Steve Barr from Ace Hardwood concerning the problems.

Councilman Watters was notified from the Lisbon Recreation Committee that they had three vouchers that they wished to be paid this month. Upon verification by Supervisor of required appropriation vouchers were approved as submitted.

Supervisor LeBarge informed the Town Board that Superintendent Dow and his crew were working on the ventilation at the Town Barn.

Supervisor LeBarge informed the Town Board that Barler Corporation would be able to post a bid for then next fuel delivery.

Supervisor LeBarge has contacted the prison on drawing up specs for the new pavilion at the beach.

Supervisor LeBarge will be notifying Carol Simpson from the Power Authority to ask her to attend the next meeting to give us the status on completion of the beach, and the return of the land along the river.

Bill LaRock asked why we did not get the ride control on the backhoe. He felt it would be in our best interest of safety to have the feature included on the tractor.

Cliff Bice (Highway employee) felt the same way since the Highway Department travels a lot over the road and if they hit a bump it is sometimes difficult to control the tractor.

Councilman Duprey commented that if the tractor was doing a lot of bouncing on the road then the tractor was traveling too fast for conditions. However in light of the higher than expected bids on the old backhoe he had no objections to include the ride control option.

Councilman O’Brian comment was that the board should reconsider purchasing the ride control on the tractor.

On a motion from Councilman Watters and seconded by Councilman Duprey to add the option of the ride control onto the tractor. Ayes – 5
Nays – 0

Town Board Minutes
March 9, 2005
Page 8

10. Executive Session
On a motion from Councilman Duprey and seconded by Councilman O’Brian to go into executive session at 8:20 PM to discuss Pending Litigation in State representing to whom it may concern and Union Contract. Ayes – 5
Nays – 0
On a motion from Councilman O’Brian and seconded by Councilman Jemison to return to regular meeting at 8:45 PM. Ayes – 5
Nays – 0

Other Concerns
Insurance has come due through NYMIR. Supervisor LeBarge had asked for the board approval for him to sign and return to NYMIR. The board gave full approval.

Bowdish Sand Pit
RESOLUTION # 8
Be it resolved that the Town of Lisbon will pay $23,500.00 in full satisfaction of the Bowdish Lease. Town Attorney Nash will draft appropriate legal documentation. Lease will be voided.

On a motion from Councilman Duprey and seconded by Councilman Jemison to accept Resolution # 8. Ayes – 5
Nays - 0

Adjournment
On a motion from Councilman Watters and seconded by Councilman Duprey to adjourn the meeting at 9:00 PM. Ayes – 5
Nays – 0

Respectfully Submitted,

Donna D. McBath
Town Clerk