Town of Lisbon,
St. Lawrence County, Lisbon,
New York, 13658

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TOWN OF LISBON

BOARD MEETING

June 13, 2007

LISBON TOWN HALL

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

Guest: Mike Morgan, Sally & John Sullivan, Vince Jordan, Neil Duvall, Jesse Donaldson, April LaGrow, Raymond Bowdish, Trish McMahon, Bryant Sandburg, Don Strader, Russ Finley

1.       Meeting Called to Order

Supervisor Roger Watters called the meeting to order at 6:32 PM.

•  Pledge Allegiance

•  Approval of Meeting Minutes for May 24, 2007

Councilman Collins made a motion, seconded by Councilman Shoen to approve the minutes for May 24, 2007.                                                       Ayes - 5       Nays - 0

            Approval Telephone Quotes for May 31, 2007

Councilman Collins made a motion, seconded by Councilman Winters to approve the telephone quotes minutes for May 21, 2007                   Ayes - 5       Nays - 0

•  Approval of Town Clerks Report

Councilman Collins made a motion, seconded by Councilman Winters to approve the Town Clerk's Report.                                                 Ayes - 5     Nays - 0

•  Approval of Transfers

Councilman Schneller made a motion, and was seconded by Councilman Shoen, to the transfers as follows:

                              General - To transfer $1.09 to 9050.8 from 7110.4

                                                            Ayes - 5     Nays - 0

Councilman Collins made a motion, and was seconded by Councilman Schneller to transfer money from General to Highway Department for the purchase of a dump box.                               

                              Highway - To Transfer $27,300.00 to 2650.03 from 2650.01

                                          Ayes - 5       Nays - 0

•  Approval of Abstracts

Councilman Collins made a motion, seconded by Councilman Schneller to approve the abstracts from May 2007.  

Councilman Collins had a question concerning the invoices for corrugated metal and plastic piping.   Highway Superintendent Dow informed the board that the State Bid was cheaper on the plastic             piping and the County was cheaper on the metal piping.   By purchasing on State Bid we had to get a full truckload as per bid.

Councilman Collins questioned the paving at the beach by Town of Madrid and Waddington.   Highway Superintend Dow explained that was the price arrangement to lay the blacktop.

Councilman Collins inquired about the installation of the docks at the beach.   He felt that the price kept increasing, and should be looked in the fall.   Supervisor Watters stated that Mike O'Neil gets Scott Akins each year because he has the equipment to do this job.   Councilman Collins stated that there was a price increase of 25% from last year.

a.   General

$65,298.84

b.   Highway

$94,377.88

c.   Water

$268.02

d.   Sewer

$1,102.25

e.   Library

$1,661.59

Total

$162,708.58

                                                            Ayes - 5     Nays - 0

•  Approval of Supervisor Report

Councilman Collins made a motion, seconded by Councilman Winters to approve the Supervisor Report with the transfers.                                 Ayes - 5       Nays - 0

•  Highway Superintendent Report

•  Beach blacktopping was done under quote amount.

A.       Gas Quotes on Gasoline for 2000 gallons gasoline

Town Clerk McBath informed the board that Kunoco Oil called and wanted to know if anyone else was quoting off of State Bid.   She informed them that four other companies were requested to submit a bid.   Quotes are as stated:

Kunoco Oil                                     $2.3085

Griffith Energy                         $2.3955 / base

MX Petroleum                                     $2.4500

No Replies from:

Valero Energy Corporation

FK Gailey

Councilman Collins made a motion, seconded by Councilman Schneller to accept the bid from Kunoco Oil for 2000 gasoline for $2.3085 per gallon          Ayes - 5       Nays - 0

                  B.                   Dump Box quotes for New Tandem

Route 11 was the lowest bid. This is where we got the last dump box a year ago.   The cost for last year's dump box was est. $23,000. This year it is $27,300.   Superintendent Dow had requested that the payment for this dump box come from the revenue received from the General of the Surplus Equipment Sales.

Councilman Schneller made a motion, seconded by Councilman Winters to purchase a dump box off of State Bid from Route 11 for $27,259.00.                        Ayes - 5                   Nays - 0

C.         Resolution # 4 - Hold Harmless Contract with SLC

RESOLUTION # 4 of 2007

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 of Highways providing shared services such as engineering such as paving, shoulder widening, signage, road stripping, blasting and other routine maintenance activities 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:

Councilman C. Joseph Collins             Councilman C. Roger Shoen                        

Councilman Thomas Schneller             Councilman Vincent Winters                        

Chief Executive Officer - Supervisor Roger Watters                        

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 13 th day of June 2007.

Councilman Winters made a motion, seconded by Councilman Collins to accept the Holding Harmless the County of St. Lawrence for Providing Service for the Town of Lisbon Town Clerk.   Verbal Roll call was taken:       Councilman Collins       Aye                  Councilman Winters               Aye

                  Councilman Shoen       Aye                  Councilman Schneller              Aye

                   Supervisor Watters       Aye

            D.       Surplus Equipment Monies - Has been discussed previous in the minutes.          

•  Legislator's Report

•  Legislator Forsythe informed the board that the legislators have named the new Administer to be Karen St. Hilaire.   He also stated that he opposed it, along with several others. He felt that she was a great girl and great at what she does, but just didn't feel that she was qualified for this position.

•  Legislator Forsythe also stated that there was a vote to open a new position for a grant writer.   First this grant writer to is to secure grants for the county.   Second, they are to secure grants for small town.

•  The legislators want to set up a review system committee.   They want to set up a capital fund for highways.   It is unknown if this is going to take place or not.

•  The County is going to set up 54 new positions in the county.

•  Sally Sullivan and/or Dave Burwell

There is an unnamed road, that crosses Sally Sullivan and Dave Burwell's road that has been abandoned many years. This road is between the Tracy Road and Fulton Road.   On the Tracy Road end, Mrs. Sullivan and Mr. Burwell own both sides of the road. There are a couple of people that would like to open the road back up.   Mr. Burwell is asking if this can be done or could the road be completely closed?    Highway Superintendent Dow informed Mrs. Sullivan and Mr. Burwell that the road would not be opening in the future, as it is not up to specification. He informed them that they could put up a fence and close it, but it cannot be locked.   If someone goes through the gate at their property road, without closing it, they could be charged. Even if the road is abandoned, the public could use it to get to their land.

Attorney Nash advised the property owners of the land that borders the abandoned road to put up a gate, and lock it so that the public cannot use it.   The land now belongs to the landowners that border the road.

•  Old Business       

                  A.       Power Authority Monies - Sparrow Hawk Point

Supervisor Watters informed the board that he had not heard anything from the Power Authority and Sparrow Hawk Point.   The last he knew everything was moving forward.

•  Mike Morgan - Premier Wireless

About a year ago Mr. Morgan approached the Lisbon Town Board about installing a wireless antenna on the water tower.   At that time the board wanted rent, which Premier could not afford, so they thought it was a dead issue. Town Clerk McBath contacted Mr. Morgan and asked where he stood on the issue at this time.   He informed her that he would love to come into Lisbon, but couldn't afford the rent.  

When he heard that Ridgeview had approached Lisbon, he would like to board to reconsider his bid. He reminded the board that he is a local company, lives five miles from Lisbon, and his family has been in the field of communication for twenty-eight years.   At this time he is providing wireless Internet service to Canton, Madrid, Morley and a certain area of Lisbon.   They were local paid taxes, and hired locally. Don't we want our tax money to stay in the county? Local businesses should be supported and encourages to remain in this area.

Mr. Morgan would like the board to reconsider his contract, or at least put it up for bid.

Supervisor Watters commented that at the time Mr. Morgan first presented this contract to the town, Primier could only provide service to a certain amount of customers.   Mr. Morgan said at that time they were only with the Town of Canton. They have expanded somewhat since then. Mr. Morgan also commented that Primier could provide all the other services that anyone else can.   Primier is currently investigating the possibility of providing cable television and security systems over their systems.

A resident commented that he has worked with Primier for 2 years within his business and home.   As with any company, there were problems. However, Primier was able to correct them.

Another resident commented that when he moved into his home, he didn't have Internet service.   He notified Primer a year ago concerning the Internet and was informed that they were working on it and hadn't heard from them since.   He didn't care who provided the Internet service as long as they got it in.

•  Construction on building on playground

•  Playground has been marked out

•  Playground has been seeded for the second time, as the first didn't take.

•  When seeding has taken then the backstop will be moved.

•  Renovation at the Beach

•  The new sites have been completed and already been rented.

•  Repair to the old bathhouse is originally part of the Power Authority agreement.   When they discovered the cost of the septic system of the new bathhouse, the renovation of the old bathhouse was dropped.   Our limitation regarding our education law 7209 states that we have to have engineer plans and to put it out to bid.   The floor and toilets desperately need repair.   Mr. Nash stated that we would need engineer plans if the work were over $5,000.   If the project were over $20,000 we would need to have a public bid.   At this time, the repairs that need to be done total to $31,000.   The board wishes to do the repairs before the current camping season started. Attorney Nash stated that we would need an engineer and a clerk of the works to watch over the job, along with the job being put out for bid.   There is no way of getting around it.  

•  Civil Practice Law and Rules

            This law is when sued by employees in personal injury actions, the bill would provide public employers with the same protections already granted to private employers, and everyone else, by having jury awards against them for lost future earnings offset by any accident disability pension or other source of compensation that the public employee would receive to replace those very same lost earnings.

Councilman Schneller made a motion, seconded by Councilman Winters to support this bill and have a letter be sent to Assemblywoman Dierdre Scozzafava, Senator James Wright and Senator Joseph A. Griffo to asked for there support in this bill.       Ayes - 5 Nays - 0

•  Wireless Contract

Vince Jordan from RidgeviewTel requested to speak.   He informed the board that his company came to this area to help get wireless Internet service here.   His intention was not to affect local business. He would like to withdraw RidgeviewTel from a request for wireless Internet.

Supervisor Watters asked Mr. Morgan from Primer what we can expect from them.   Mr. Morgan asked the same question back.   He informed the board that he could not afford the rent, but would give the government office, town barn, fire department, and beach office services free.   Campers that are there for a season could get hooked up to wireless for a fee.   Monthly subscription would be from $20.00 to $40.00.   Everything is in the contract that we received last year with the exception of the beach, which will be added.

Attorney Nash also wanted the board to know that he represented Mike Morgan with Premier Wireless, and has worked with him on this contract.   He commented that he felt that Mike knew what he was doing.   Councilman Schneller asked if there were any termination fees.   We are not signing a contract with Premier Wireless for the Internet.   We will be signing a contract for the usage of the water tower. Councilman Schneller asked if we could work with both Time Warner and this system at the same time, since we have a contract with Time Warner.   Mr. Morgan responded yes, they could work with both as Canton did the same thing.

•  Water leak at the corner of Maiden Lane and CR 10

Highway Superintendent Dow stated that the Highway Department and Doug Smith would be working on it on Monday morning, June 18.   They will also find the shut off valve for the museum, so that when the County comes in to pave, that will be ready.

•  Beach Bath House - previously discussed in Old Business - Renovation at the Beach

     

   12. New Business

•  Advertising for Assessor

Councilman Collins made a motion, seconded by Councilman Schneller to advertise for the Assessor position.                                               Ayes - 5     Nays - 0

                  Town Clerk McBath asked:

•  What papers do you want it advertised in, Ogdensburg and Watertown?

•  Legal Ad - Councilman Schneller suggested that wouldn't it be better to advertise it in the Professional work wanted section. It was agreed.

•  How many days would the ad run?

•  Resume in by July 9 th .

•  Town Clerk Hours

Town Clerk McBath informed the board that the Town Clerk Summer hours will begin on June 18 until the Tuesday after Labor Day.   The hours will be 7:00 AM to Noon, with allowances for special appointments.   The Court Clerk and Supervisor Secretary will follow suite with the Town Clerk.   Councilman Collins asked if this was the same as last year.   Town Clerk McBath said it was not the same as last year.   The time was 8:30 AM to 2:00 PM with time off for lunch.   Time changed, as the public commented that they were unable to get in to the Town Clerk's office. It was open after they started work, and closed before they got out of work.   It was then decided to open at 7:00 AM, with the same amount of hours.

•  Second Metting of the Month

Councilman Schneller requested to suspend the second meeting for June, July and August as the board always has questions for Attorney Nash, and he would not be there.   Also, they don't get much accomplished. If anything comes up and needs to be taken care of, there would be an emergency meeting.

Councilman Schneller made a motion, seconded by Councilman Shoen to suspend the second meeting of the month for June, July and August.                  Ayes - 5       Nays - 0

•  Recreation Committee

The Recreation Committee has requested that Scott Wilhelm be appointed as a member to the Recreation Committee.

Councilman Collins made a motion, seconded by Councilman Schneller to appoint Scott Wilhelm to the Recreation Committee.                              Ayes - 5       Nays - 0

•  Junk Yard Local Law

The planning board would like to amend the Junk Yard Local Law under the recommendation of Michael Linden. Supervisor Watters stated that he would like to add the amendment to the Junk Yard Local Law now.   There was a discussion.   It was decided that we would amend the Junk Yard Local Law on the July 11, 2007 at 7:30 PM

•  Wages for Lifeguards

Mike O'Neil had sent in a request for a pay raise for the lifeguards.   He is requesting

            $7.65 starting

            $7.65 plus $.25 for each year they return

            $7.65 plus $.25 for each year they return, plus $1.00 for being a WSI

Councilman Collins made a motion, seconded by Councilman Winters to increase the lifeguards' wages as requested.                                       Ayes - 5       Nays - 0

•  Library Elevator

Supervisor Watters asked Councilman Shoen if he had heard anything concerning the elevator for the Library.   Councilman Shoen informed him he hadn't.

•  CR 10 in Lisbon: Supervisor Watters asked Highway Superintendent Dow if SLC Highway Superintendent Dashnaw had gotten back to him concerning the widening of the road and sidewalks.   He informed Supervisor Watters that he had not heard anything back, and did not know if anyone came to measure the road.

•  Don Strader - Code Officer

Councilman Collins brought to the attention of the board that Don Strader has completed his 6 months probation, and should be put on permanent.

Councilman Collins made a motion, seconded by Councilman Winters that Mr. Strader would be taken off probation and would become permanent.

                                                            Ayes - 5       Nays - 0

      12. Recognition of guest

•  Trish McMahon from the Ogdensburg Journal asked what was the land from Sparrow Hawk Point that we were getting it back.   Supervisor Watters informed her that the DEC thought they were getting this land.   Supervisor Watters proved to the DEC that the town was to get this land, which we are.

•  Jessie Donaldson asked if we had any problems with the Amish as Morristown has?   Supervisor Watters stated that the Town is getting along with the Amish in our area.

•  Russ Finley - Supervisor Watters explained to Mr. Finley on outhouses.   The state requires so many feet for living space, but anyone could have an outhouse.   Mr. Finley stated that he had gone to the State. They informed him that he had to go by the regulation that the State requires.   He asked that if he wanted to build, would he have to install electric or plumbing in his home? Mr. Strader said there were exception. There was much more discussion on this matter.

      13.       Executive Meeting

                  No Executive Meeting

      14.       Adjournment

Councilman Collins made a motion, seconded by Councilman Winters to adjourn the meeting at 7:40 PM.                                                      Ayes - 5       Nays - 0

Respectfully Submitted,

Donna D. McBath

Town Clerk

Gouverneur
Heuvelton
Madrid
Massena
Morley
Norfolk
Norwood
Ogdensburg
Potsdam
Waddington
St. Lawrence Co.
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Lake Placid
Saranac Lake
Malone
Alexandria Bay
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