TOWN OF LISBON

BOARD MEETING

APRIL 12, 2006

LISBON TOWN HALL

Present: Supervisor Roger Watters, Councilman Michael Duprey, Town Clerk Donna McBath, Councilman Thomas Schneller, Highway Superintendent Timothy Dow, Councilman C. Roger Shoen, Attorney Charles Nash, esq.

Absent: Councilman C. Joseph Collins

Guest: Heather Swanson - Ogdensburg Journal

Virginia Wescots - Lisbon

Mark Mills - Lisbon

Ron Sanderson - Lisbon

Steve & Cindy Major - Ogdensburg

Lester Martin - Lisbon

Stephen Wallace - Lisbon

1. Meeting Called to Order

Supervisor Roger Watters called the meeting to order at 6:30 PM.

• Approval of Meeting Minutes for March 8 and March 30, 2006

Councilman Duprey made a motion, and was seconded by Councilman Schneller, to approve the meeting minutes for March 8, 2006 Ayes - 4 Nays - 0

Councilman Duprey made a motion, and was seconded by Councilman Shoen, to approve the Public Meeting minutes for March 30, 2006. Ayes - 4 Nays - 0

• Approval of Town Clerks Report

Councilman Duprey made a motion, and was seconded by Councilman Shoen, to approve the Town Clerk's Report for March 2006.

Councilman Duprey questioned Town Clerk McBath if the Junk Yard License that was sold was the same as last month. Town Clerk McBath informed the board that this is another license that was sold to Leora White. Ayes - 4 Nays - 0

• Approval of Supervisor Report

Councilman Duprey made a motion, and was seconded by Councilman Shoen, to approve the Supervisor Report for March 2006.

Supervisor Watters informed the board that he would be checking into the expense submitted from the Medical Group. He thought it was for apiece of equipment that Al Whiney requested to purchase, and was approved at the last meeting. This item should be deducted from the Medical Center account. This account originated from money donated to the Medical Center.

Ayes - 4 Nays - 0

• Highway Superintendent Report

Highway Superintendent Dow received 2 quotes for piping for the Dezell Road. The same size piping is needed for the Sanderson Road for emergency repair. The price for the piping for one would be $8642.92. If we purchase two, one for each road, it would be $16,869.84.

The Sanderson Road needs to be on emergency repair as the bridge is damaged. St. Lawrence County has now put a weight limit of 3 tons on the road. The piping needs to be inspected every 24 hours by Lisbon Highway Superintendent or a Lisbon Highway employee, to make sure it is safe. St. Lawrence County Highway Department has offered to assist Lisbon Highway Department in completing the paper work for the DEC and Corps of Engineers.

Supervisor Watters asked for the board's opinion on the request for assistance from St. Lawrence County Highway Department.

Councilman Duprey made a motion, and was seconded by Councilman Schneller, to ask St. Lawrence County Highway Department for their assistance in the emergency repairs of the Sanderson Road. Highway Superintendent Dow was to directed to order the piping for the Sanderson Road and the Dezell Road at the cost of $16,869.84 to be delivered to the site. Delivery is included in the price.

A verbal vote was taken:

Councilman Duprey Aye Councilman Shoen Aye

Councilman Schneller Aye Councilman Collins Absent

Supervisor Watters Aye

Highway Superintendent Dow informed the board that S & S Salvage of Watertown is willing to deliver a roll off dumpster to the town barn. The town would compose a Harmless Clause stating that the Town of Lisbon would not be responsible for anything that is placed in the dumpster. At the present time metal S & S Salvage will pay $40 per ton. We could even designate a day in the spring and/or fall to have residents bring in old appliances to dispose of free of charge.

6. Approval of Abstracts

Councilman Duprey made a motion, and was seconded by Councilman Shoen, to approve the abstracts for March 2006.

a. General	$8,908.27
b. Highway	$14,723.70
c. Water	$50.00
d. Sewer	$595.68
e. Library	$ 1,719.37
Total	$25,997.02

Ayes - 4 Nays - 0

7. Old Business

A. Martin Ryan - Did not attend the meeting.

B. Sidewalks - authorizations - Supervisor Watters requested the board to approve payment of $6,000 to Tisdel Associates to draw up the survey for the sidewalks. Councilman Duprey inquired if this could be put on hold until April 27 (to be tabled at that time). Councilman Schneller agreed with Councilman Duprey. He also commented that he wanted to know where the funds for the sidewalk would be coming from.

C. Land Survey - Medical Group - this will be put on hold to be tabled on April 27 meeting.

• NYPA - Meeting April 20, 2006. There will be a NYPA Meeting held on April 20 at Louisville Fire Station. Supervisor Watters will not be able to attend. He has asked Councilmen Collins and Duprey to attend the meeting.

• Old Agway Building - Supervisor Watters inquired if the building could be removed in order to construct a road from there to the Prey Road. Attorney Nash stated that if we received the building, then we would be responsible for all environmental issues of that building. He also stated details concerning the building should be investigated in more depth. Having the building tested for environmental issues would cost approximately $15,000.

F. Primer Wireless Contract - this will be put on hold to be tabled at the April 27 meeting.

8. New Business

A. Plants for around town - Town Clerk McBath asked if the board would like to have plants put on the poles, as it was done last year. The board has requested that Town Clerk McBath look into on how many plants were put up last year and the cost from last year. How much would it cost this year? Details would be presented at the April 27 meeting.

• Emergency Road Repair on Sanderson Road - See Highway Superintendent Report

C & D. Resignation

C. Ed Sisk Deputy of Water and Sewer due to his present employment. Scott Skiff was appointed Deputy of Water & Sewer. Jan Felt Sport Coordinator, resigned due to health reasons. The recreation committee is looking for someone to fill the Sport Coordinator position.

• Roof Repair on Library - Supervisor Watters is requesting quotes for the roof at the Library. The insurance company requires 2 quotes. Our procurement policy states that we need to ask for 3 quotes.

• Resolution # 7 - Authorizing Chief Executive Officer to Sign a Contract for Shared Highway Services and Department of Public Works on Behalf of the Town of Lisbon

Councilman Duprey made a motion, and was seconded by Councilman Shoen, to approve

Resolution #7.

Resolution 7-2006

AUTHORIZING CHIEF EXECUTIVE OFFICER TO SIGN A CONTRACT FOR SHARED HIGHWAY SERVICES AND DEPARTMENT OF PUBLIC WORKS ON BEHALF OF THE TOWN OF LISBON

At a meeting of the Town Board of the Town of Lisbon duly held at 6:30 p.m. in such Town on the 12 th day of April 2006.

The following resolution was offered by adoption by Supervisor Roger Watters and agreed upon by all Councilmen.

Resolution authorizing the Chief Executive Officer to sign a contract on behalf of the Town to permit the highway department to share services with the highway departments and department of public works in other municipalities who possess similar authorization for the borrowing or lending of materials and supplies and the exchanging, leasing, renting or maintaining of machinery and equipment, including the operators thereof, for the purposed of adding the highway department head in the performance of his duties.

Whereas, all municipalities, including the Town of Lisbon have the power and authority to contract for the purposed of renting, leasing, exchanging, borrowing or maintaining of machinery and equipment, with or without operators, with other municipalities, and

Whereas, all municipalities, including the Town of Lisbon have the power and authority to borrow or lend materials and supplies to other municipalities, and

Whereas, it is hereby determined that the Town of Lisbon and other municipalities have machinery and equipment which is not used during certain periods, and

Whereas, it is hereby determined that the Town of Lisbon and other Municipalities often have materials and supplies on hand which are not immediately needed, and

Whereas, it is determined that by renting, borrowing, exchanging, leasing or maintaining highway machinery and equipment and the borrowing or lending of materials and supplies, the Town of Lisbon and the other municipalities may avoid the necessity of purchasing certain needed highway machinery and equipment and the purchasing or storing a large inventory of certain extra materials and supplies, thereby saving the taxpayers money, and

Whereas, it is incumbent upon each municipality to design a simple method whereby materials and supplies, equipment and machinery, including the operators thereof, may be obtained or maintained with a minimum of paperwork and inconvenience and with a swift approval process, and

Whereas, it is the intent of this Town of Lisbon to give the heads of both the highway department and department of public works the authority to enter into renting, exchanging, borrowing, lending or maintaining arrangements with the persons serving in similar capacities in other municipalities without the necessity of obtaining the approval of the Town governing board prior to the making of each individual arrangements, and

Whereas, a standard contract has been prepared which is expected to be adopted and placed into effect in other municipalities, and will grant the person holding the position comparable to that of the head of the highway department, authority to make similar arrangements, and

Whereas, it is hereby determined that it will be in the best interests of the Town of Lisbon to be a party to such share services arrangements,

NOW THEREFORE BE IT RESOLVED that the chief executive officer of Lisbon is hereby authorized to sign on behalf of the Town, the following contract:

• For the purposes of this contract, the following terms shall be defined as follows:

• "Municipality: shall mean any city, county, town or village which has agreed to be bound by a contract for shared services or equipment similar in terms and effect with the contract set forth herein and has a copy of said contract with the clerk of the undersigned town.

• "Contract" shall mean the text of this agreement which is similar in terms and effect with comparable agreements, notwithstanding that each such contract is signed only by the chief executive officer of each participating municipality filing the same, and upon such filing municipality accepts the terms of the contract to the same degree and effect as if each chief executive officer had signed each individual contract.

• "Shared Services" shall mean any service provided by one municipality for another municipality that is consistent with the purposed and intent of this contract and shall include but not limited to:

• The renting, exchanging, or lending of highway machinery, tools and equipment, with or without operators;

• The providing of a specific service;

• The maintenance of machinery or equipment.

• "Superintendent" shall mean, in the case of a city, the head of the department of public works' in the case of a county, the county superintendent of highways, or the person having the power and authority to perform the duties generally performed by county superintendents of highways; in the case of a town, the town superintendent of highways and/or public works; in the case of a village, the superintendent of public works.

• The undersigned municipality has cause this agreement to be executed and to bind itself to the terms of this contract and it will consider this contract to be applicable to any

municipality which is approved a similar contract and filed such contract with the clerk of the undersigned municipality.

• The undersigned municipality by this agreement grants unto the superintendent, the authority to enter into any shared service arrangement with any municipality or other municipalities subject to the following terms and conditions;

• The Town of Lisbon agrees to rent or exchange or borrow from any municipality any and all materials, machinery and equipment, with or without operators, which it may need for the purposed of the Town of Lisbon. The determination as to whether such machinery, with or with out operators, is needed by the Town of Lisbon shall be made by the respective department head. The valve of the materials or supplies borrowed from another municipality under this agreement may be returned in the form of similar types and amounts of materials or supplies, or by the supply of equipment or the giving of services of equal valve, to be determined by mutual agreement of the respective superintendents.

• The Town of Lisbon agrees to rent or exchange or lend to any municipality any and all materials, machinery and equipment, with or without operators, which such municipality may need for its purposes. The determination as to whether such machinery is available for renting, exchanging or lending shall be made by the superintendent. In the event the superintendent determines that it will be in the best interest of the Town of Lisbon to lend to another municipality, the department head is hereby authorized to lend to another municipality. The value of supplies or materials loaned to another municipality may be returned to the town of Lisbon by the borrowing municipality in the form of similar types and amounts materials or supplies, or by the use of equipment or receipt of services of equal valve, to be determined by the respective superintendents.

• The Town of Lisbon agrees to repair or maintain machinery or equipment for any city/county/town/village under terms that may be agreed upon by the superintendent.

• An operator of equipment rented or loaned to another municipality, when operating such equipment for the borrowing municipality, shall be subject to the direction and control of the superintendent of the borrowing municipality in relation to the manner in which the work is to be completed. However, the method by which the machine is to be operated shall be determined by the operator.

• When receiving the service of an operator with a machine or equipment, the receiving superintendent shall make no request of any operator, which would be inconsistent with any labor agreement. All machinery and the operator, for the purposed of workers' compensation, liability and other relationships with third parties, shall be considered the machinery of, and the employee of the municipality owning the machinery and equipment.

• The lending municipality shall be liable for any negligent acts resulting from the operation of its machinery or equipment by its own operator.

• Each municipality shall remain fully responsible for its own employees, including but not limited to, salary, benefits and workers' compensation.

• The renting, borrowing or leasing, repairing or maintaining of any particular piece of machinery or equipment, or the exchanging or borrowing of materials or supplies, or the providing of a specific service shall be evidenced by the signing of a memo by the superintendent. Such memo may be delivered to the other party via mail, personal delivery, facsimile machine, or any other method of transmission agreed upon.

• In the event any shared service arrangement is made without a memo at the time of receipt of the shared service, the superintendent receiving the shared service shall within five days thereof, send to the provider a memo identifying the type, time and date of the acceptance of the repair or maintenance shared service. In the event that such shared service is supplies, related supplies and time and place of delivery shall be set forth in a memorandum.

• In the event a municipality wishes to rent machinery or equipment from another municipality or in the event a municipality wisher to determine the value of such renting for the purposes of exchanging shared services or a comparable valve, it is agreed that the valve of the shared service shall be set forth in the memorandum.

• In the event machinery or equipment being operated by an employee of the owning municipality is damaged or otherwise in need of repair while working for another municipality, the municipality owning the machinery or equipment shall be responsible to make or pay for such repairs. In the event machinery or equipment is operated by an employee of the borrowing, receiving or renting municipality, such municipality shall be responsible for such repairs.

• Records shall be maintained by each municipality setting forth all machinery rentals, exchanges borrowing, repair or maintenance and other shared services. Such records will be available for inspection by any municipality which has shared services with such municipality.

• In the event a dispute arises relating to any repair, maintenance or shared service, and such dispute cannot be resolved between the parties, such dispute may be resolved through mediation or arbitration.

• Any municipality, which is party to this contract, may revoke such contract by filing a notice of revocation. Upon the revocation of such contract, any outstanding obligations shall be submitted within thirty days of such revocation.

• Any action taken by the superintendent pursuant to the provisions of this contract shall be consistent with the duties of such official and expenditures incurred shall not exceed the amounts set forth in the Town budget for highway purposes.

• The records of all transactions taken place as a result of the Town of Lisbon participating in the service afforded by his contract shall be kept by the superintendent and a statement thereof, in a manner satisfactory to the Town governing board, shall be submitted to the Town semiannually on or before the first day of June and on or before the first day of December of each year following the filing of the contract, unless the Town Board requests the submission of records at different times and dates.

• Any provision of this contract is deemed to be invalid or inoperative for any reason, that part may be modified by the municipalities which are a party to this contract to the extent necessary to make it valid and operative, or it if cannot be so modified, then severed, and the remainder of the contract shall continue in full force and effects as if the contract has been signed with the invalid portion so modified or eliminated.

• This contract shall be reviewed each year by the town of Lisbon at its annual meeting and authorized the chief executive officer to sign it.

• Copies of this contract shall be sent to the clerk and the Superintendent/department head of each municipality with which the superintendent/department head anticipates engaging shared services. No shared services shall be conducted by the superintendent except with the

Superintendent of a municipality that has completed a shared service contract and has sent a copy thereof to the clerk of his or her municipality and the superintendent.

IN WITNESS THEREOF, the said Town of Lisbon has be order of the Town Board, caused these presents to be subscribed by the Chief Executive Officer, and the seal of the Town to be affixed and attested by the clerk thereof, this 12 th day of April, 2006.

Town of Lisbon

The Town Clerk is authorized and directed to file a copy of the contract set forth in this resolution with the executive officer of the following municipalities:

Town of Brasher Town of Hammond Town of Parishville

Town of Canton Town of Hermon Town of Piercefield

Town of Clare Town of Hopkinton Town of Pierrepont

Town of Clifton Town of Lawrence Town of Pitcairn

Town of Colton Town of Louisville Town of Potsdam

Town of DeKalb Town of Macomb Town of Rossie

Town of Depeyster Town of Madrid Town of Russell

Town of Edwards Town of Massena Town of Stockholm

Town of Fine Town of Morristown Town of Waddington

Town of Fowler Town of Norfolk St. Lawrence County Highway Department

Town of Gouverneur Town of Oswegatchie

This resolution shall take place immediately.

The vote having been taken upon such a resolution the results was as follows:

Councilman Michael Duprey Aye Councilman C. Roger Shoen Aye

Councilman Thomas Schneller Aye Councilman C. Joseph Collins Absent

Supervisor Roger Watters Aye

There being a majority of the Town Board voting to approve the resolution, the resolution was declared by the Supervisor to have been adopted.

I, Clerk of the Town of Lisbon, hereby certify that the above is a correct text of the resolution adopted by the Board of Lisbon on the 12 th day of April 2006.

• Resolution # 8 - Holding Harmless the County of St. Lawrence for Providing Services for the Town of Lisbon.

Councilman Duprey made a motion, and was seconded by Councilman Schneller to approve Resolution # 8 for Holding Harmless the County of St. Lawrence for Providing Services for the Town of Lisbon.

RESOLUTION # 8 of 2006

HOLDING HARMLESS THE COUNTY OF ST. LAWRENCE FOR PROVIDING SERVICE FOR THE TOWN OF LISBON

WHEREAS, the Town of Lisbon is desirous of having St. Lawrence County provide engineering and other services to the Town of Lisbon, and

WHEREAS, both the Town of Lisbon and the County of St. Lawrence are desirous of promoting cooperation for the safety of the traveling public in St. Lawrence County, and

WHEREAS, the Town is aware that the County may incur liability in the providing of the services and wishes to indemnify the County in this regard,

WHEREAS, the Town has indicated an interest to participate in such an effort,

NOW THEREFORE, BE IT RESOVLED that the Town of Lisbon hereby agrees to defend, indemnify and hold harmless the County of St. Lawrence from and against liability, loss, damage, claim or action resulting from the work performed by St. Lawrence County Department of Highways. The Town of Lisbon does not indemnify and hold harmless the County for any liability, loss, damage, claim, or action which arises during actual performance of services by the St. Lawrence County Department of Highways. Said St. Lawrence County Department of Highways and the County of St. Lawrence Department of Highways assumes the liability for losses, and claims for the actual physical performance of the work, and

BE IT FURTHER RESOLVED that the following request for General Liability (GL) coverage is as follows:

General Liability Insurance

On an "Occurrence" basis, with the following limits:

$1,000,000 Each Occurrence

$2,000,000 General Aggregate

Property Damage $500,000 per occurrence; $1,000,000 Aggregate

$1,000,000 Personal Injury per occurrence; $2,000,000 Aggregate

$ 50,000 Fire Damage Legal Liability

$ 5,000 Medical Payment Expense

BE IT FURTHER RESOLVED, that St. Lawrence County shall be an additional insured on the GL Policy, via ISO endorsement CG 2026.

This resolution shall take place immediately.

The vote having been taken upon such a resolution the results was as follows:

There being a majority of the Town Board voting to approve the resolution, the resolution was declared by the Supervisor to have been adopted.

I, Clerk of the Town of Lisbon, hereby certify that the above is a correct text of the resolution adopted by the Board of Lisbon on the 12 th day of April 2006.

This resolution shall take place immediately.

The vote having been taken upon such a resolution the results was as follows:

Councilman Michael Duprey Aye Councilman C. Roger Shoen Aye

Councilman Thomas Schneller Aye Councilman C. Joseph Collins Absent

Supervisor Roger Watters Aye

• Lisbon Beach and Campground - Supervisor Watters stated that he and Campground Director Mike O'Neil have discussed some issues concerning the beach and campground.

Beach

• Bring in sand that is not blow sand and deposited on top of the existing sand. Is there any other option that could help control the sand that is there? Highway Superintendent Dow said he would look into prices for sand and dirt for this project.

• Supervisor Watters stated that the highway crew has already been at the beach to get it ready for the summer months.

Entrance

• Road needs either patching or resurfacing.

• Need authorization to purchase a building for a tollbooth.

Campground

• Authorization for tree removal

• Boat docks need to be put in water for the season. Scott Akins has done the job in the past and has submitted an estimate to put them back in for the summer season.

• NYPA has been notified concerning problems on the wet sites from last year. The board wanted to know what could be done to correct this problem.

• Add additional lighting by each campsite. Mike O'Neil, Campground Director, suggested burying a line down through with popup wires to 16' wooden pressure treated post by each site, with automatic turn on & off sensors. It would not be connected to present lighting district so we can turn them off without being charged extra.

• Extend sewer hookups. Large demand for full season sites with complete hookups.

• Interviews for summer positions will start next week.

J. 4 th Annual North Country Symposium - Supervisor Watters brought to the attention of the board members regarding registration of the North Country Symposium. If any of the board members were interested in attending, please inform him.

• Recognition of Guest

Virginia Wescot and Mark Mills asked what was happening with the NYPA land. Supervisor Watters informed them that he had hopes that the last details were being worked out. Mr. Mills asked about his private driveway. People have built homes and are using this private driveway at his expense. He wanted to know what the procedures are to turn his private driveway over to the town. Highway Superintendent Dow informed him that the driveway had to be brought up to town specification before anything could take place.

Heather Swanson from the Ogdensburg Journal inquired on the resolution that the Town of Oswegatchie had done concerning the welcoming of the Village of Heuvelton into the joint water district. She also wanted to know where we were on the process of the water district.

Supervisor Watters informed her that he did not know that the Town of Oswegatchie had brought in the Village of Heuvelton.

Councilman Schneller made a motion, and was seconded by Councilman Duprey to approve the Village of Heuvelton into the Joint Water District. Ayes - 4 Nays - 0

Cindy and Steve Major inquired on what was taken place concerning the violation of having a shooting range at the St. Lawrence Valley Sportsman Club. Cindy Major said, "The club was told not to have a shooting range for guns, but they have one anyway."

Chairman Stephen Wallace informed her that the club needed to do a site plan review, which they had but it was not completed to the Planning Board Specification.

There was further discussion between Attorney Nash, the Majors, and the board regarding the range.

Lester Martin had no comments.

Stephen Wallace asked who was paying for the sidewalks to be installed in the Village of Lisbon, the people in the village or Lisbon Tax Payers? Who was going to take care of the sidewalks, the people that the sidewalks were in back of or the Highway Department? Supervisor Watters had no answers for him as it was still in the preliminary stages. Mr. Wallace stated that there should be a sidewalk district made up. He was advised to attend our work session meeting since this was one of the items to be discussed.

He also stated that he wanted to go into executive session with the board concerning the St. Lawrence Valley Shooting Range.

Ron Sanderson informed the board that he agreed with Steve Wallace concerning the creation of a sidewalk district. He proposed that the village pay for this expense. He also wanted to join Steve Wallace in executive session.

10. Executive Session

Councilman Duprey made a motion, and was seconded by Councilman Shoen to go into executive session for the purpose of legations at 7:52 PM. Ayes - 4 Nays - 0

Councilman Duprey made a motion, and was seconded by Councilman Schneller to return to the regular meeting at 9:00 PM. Ayes - 4 Nays - 0

11. Adjournment

Councilman Shoen made a motion, and was seconded by Councilman Schneller to adjourn the meeting at 9:01 PM. Ayes -4 Nays - 0

Respectfully Submitted,

Donna D. McBath

Town Clerk