There was a regular meeting of the Board of Trustees of the Village of Clayton on Monday, February 12, 2007, at 6:30 p.m. in the Municipal Building.

PRESENT:

                        Dale Kenyon, Mayor

                        Joe Orobona, Trustee

                        Shauna Sherboneau, Trustee

                        Norma Zimmer, Trustee

ABSENT:

                        Tim Pacific, Trustee

OTHERS:

                        Geneva Phelps Miller, Clerk-Treasurer

                        Kevin Patenaude, Chief of Police

                        Dana Pledger, DPW Superintendent

                        Ralph Downey, Water-Sewer Supervisor

COMMUNITY RESIDENTS:

                        See Sign-In Sheet (on file in Clerk’s Office)

Pledge of Allegiance/Call to Order:

            Mayor Kenyon led the Pledge of Allegiance and called the meeting to order.

Police Report:

            The Police Department Activity Report for January 22, 2007 through February 11, 2007 was presented.  Mooring permit application letters will be mailed this week.  The harbor management law provides for annual surface inspection of the moorings.  Chief Patenaude suggested Jack Varno of Carleton Island Construction inspect the moorings when the marker buoys are placed in the spring, and provide a written status report of the moorings, including any deficiencies.  The Board agreed.

            Chief Patenaude is working with members of the U.S. Coast Guard office in Massena to develop an acceptable facility security operations plan for the 1000 Islands Regional Dock.  He anticipates the plan could be in place by spring.

            Chief Patenaude again reminded the public that snow must be removed from the sidewalks within 24 hours of falling, and it is against Village law to blow or plow snow into the streets.

            Chief Patenaude will act on Trustee Zimmer’s request for a second handicapped parking space located near the Antique Boat Museum.

            Trustee Zimmer inquired whether there is anything that can be done about skateboarders downtown.  The Veterans’ Memorial Monument will be repaired in the spring, and she is concerned about possible damage to the restored monument.  Chief Patenaude suggested posting “no skateboarding” signs, and increased enforcement by his department.

DPW Report:

            A list of work completed and in progress was presented.  Superintendent Pledger presented an engineering services proposal by Bernier, Carr & Associates in connection with sewer and water lines on Strawberry Lane Brooks Drive.  Trustee Orobona presented a MOTION to approve the engineering services agreement for improvements to the Strawberry Lane sewage collection system, water distribution system, and the Brooks Drive water main extension as set forth in correspondence from Bernier, Carr & Associates, dated February 9, 2007, to include plan preparation and details, engineering report preparation, survey verification and on-site supervision during constructions, as well as assistance with testing, for a total of $5,730.00.  Trustee Zimmer seconded; the motion was carried.

            Several calls have been received regarding the low‑lift rental apartment.  There are no appliances in the apartment at this time.  Supt. Pledger will price a stove and refrigerator for discussion at the February 26, 2007 regular meeting.  An advertisement will be placed in the Fort Drum Blizzard, and on Newzjunky’s website.

Action Items:

            Approval of Minutes from January 22, 2007 Regular Meeting:  Trustee Zimmer requested a correction to Page 3 of the minutes.  Under Planning, delete the words “to review applications for sidewalk pavers.”  The architectural review board is to review applications as per the LWRP and the sidewalk law.  Trustee Zimmer presented a MOTION to accept the minutes of the January 22, 2007 regular meeting, as corrected.  Trustee Sherboneau seconded; the motion was carried.

            Approval of Abstract #17, Eastside Sewer Project Abstract #46 (Final), Payroll #18, Payroll #19, 2006 Justice Court Annual Report, and January 2007 Justice Court Report:  Trustee Orobona presented a MOTION, 2^nd by Trustee Zimmer, to approve Abstract #17, Eastside Sewer Project Abstract #46 (Final), Payroll #18, Payroll #19, 2006 Justice Court Annual Report, and the January 2007 Justice Court Report, as follows:

The motion was carried.

Historian Report:

            The Board accepted Norm Wagner’s 2006 Annual Historian Report.

Public Comment (Non-Agenda Items):

            Les Drake, member of the Zoning Board of Appeals, addressed the Board regarding his question at the January 22, 2007 regular meeting concerning the Board’s understanding of LWRP application, stating that he did not intend to put anyone on the spot or cause embarrassment.

Clerk-Treasurer Report:

            Health & Hospital Fund Participate Agreement:  The agreement expires May 31, 2007.  Pending contract negotiations, an interim agreement can be executed, and must be submitted to NYS Teamsters prior to April 30, 2007.

            Heritage Heights Sewer District:  Trustee Orobona presented a MOTION to approve the 2007 Memorandum of Understanding with the Town of Clayton for sewer service to the Heritage Heights Sewer District (32 homes, $452.50 each), for a total due of $14,480.00.  Trustee Sherboneau seconded; the motion was carried.

            Local Government Conference:  The Board approved the requests of Trustee Zimmer and Trustee Sherboneau to attend the 18^th Annual Local Government Conference on March 29, 2007 at Jefferson Community College, at a fee of $40 each.

            Strawberry Lane/Brooks Drive Road Improvement Project:  The following resolution was offered by Trustee Orobona, who moved its adoption, seconded by Trustee Sherboneau, to wit:

RESOLUTION #2007-01

A RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS

NOT EXCEEDING $1,037,000.00 FOR THE HIGHWAY IMPROVEMENTS

TO STRAWBERRY LANE AND BROOKS DRIVE IN SAID VILLAGE

            BE IT RESOLVED, by the Village Board of the Village of Clayton, Jefferson County, New York, as follows:

            Section  1.  The highway improvements to Strawberry Lane and Brooks drive, is hereby authorized at a maximum cost of $1,037,000.00.

            Section  2.  It is hereby determined that the period of probable usefulness of the aforesaid renovations is fifteen (15) years; pursuant to subdivision (a)(20) of Section 11.00 of the Local Finance Law.  It is further determined that no down payment is required pursuant to Section 107(d)(3)(d) of the Local Finance Law.

            Section  3.  The plan for the financing of such estimated cost is by the issuance of serial bonds not exceeding $1,037,000.00 of said Village, hereby authorized to be issued therefore pursuant to the Local Finance Law.

            Section  4.  The faith and credit of the Village of Clayton, Jefferson County, New York is hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. 

            Section  5.  Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the statutory installment bonds herein authorized, including renewal of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer.  Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law.

            Section  6.  The validity of such bonds and bond anticipation notes may be contested only if:

            (1) Such obligations are authorized for an object of purpose for which said Village is not authorized to expend money, or

            (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit of proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or

            (3) Such obligations are authorized in violation of the provisions of the Constitution.

            Section  7.  Upon this resolution taking effect, the same be published in full in the Thousand Islands Sun, the official newspaper of said Village for such purpose, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

            Section  8.  This resolution is subject to permissive referendum, pursuant to Local Finance Law.

            The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

The resolution was thereupon declared duly adopted.

            Westside Sewer Project (Phase II):  The following resolution was offered by Trustee Zimmer, who moved its adoption, seconded by Trustee Orobona, to wit:

RESOLUTION #2007-02

AMENDED BOND RESOLUTION

AUTHORIZING THE ISSUANCE OF SERIAL BONDS NOT EXCEEDING $3,700,000.00

FOR THE CONSTRUCTION OF THE WESTSIDE SEWER EXTENSION (PHASE II)

            BE IT RESOLVED, by the Village Board of the Village of Clayton, Jefferson County, New York, as follows:

            Section  1.  The construction of the Westside Sewer Extension Project (Phase II), in the Village of Clayton, is hereby authorized at a maximum cost of $3,700,000.00.  This is an increase of $1,714,000.00 from a previous bond resolution dated March 22, 2004.

            Section  2.  It is hereby determined that the period of probable usefulness of the aforesaid renovations is forty (40) years; pursuant to subdivision (a)(4) of Section 11.00 of the Local Finance Law.  It is further determined that no down payment is required pursuant to Section 107(d)(3)(d) of the Local Finance Law. Assistance in financing from the United States Department of Agriculture/Rural Development, and New York State Environmental Facilities Corporation is anticipated.

            Section  3.  The plan for the financing of such estimated cost is by the issuance of serial bonds not exceeding $3,700,000.00 of said Village, hereby authorized to be issued therefore pursuant to the Local Finance Law, for a period in excess of five (5) years.

            Section  4.  The faith and credit of the Village of Clayton, Jefferson County, New York is hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  There shall annually be levied on all sewer users of said Village, sewer rents sufficient to pay the principal of and interest of such bonds as the same become due and payable.

            Section  5.  Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the statutory installment bonds herein authorized, including renewal of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer.  Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law.

            Section  6.  The validity of such bonds and bond anticipation notes may be contested only if:

(1)                 Such obligations are authorized for an object of purpose for which said Village is not authorized to expend money, or

(2)                 The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit of proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or

            (3) Such obligations are authorized in violation of the provisions of the Constitution.

            Section  7.  Upon this resolution taking effect, the same be published in full in the Thousand Islands Sun, the official newspaper of said Village for such purpose, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

            Section  8.  This resolution is subject to permissive referendum, pursuant to Local Finance Law.

            The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

The resolution was thereupon declared duly adopted.

            1000 Islands Regional Dock (Phase I):  Reimbursement requests have been submitted to all grant funding sources.  Clerk‑Treasurer Miller reported she is continuing to provide information as it is requested by the various agencies.

            1000 Islands Regional Dock (Phase II):  Clerk‑Treasurer Miller completed the Village portion of the USDA Community Facilities Loan/Grant program pre-application, and forwarded it to Aubertine & Currier for completion.

            Municipal Building Improvement Project:  Clerk‑Treasurer Miller completed the Senator Wright CCAP grant application and forwarded it to Empire State Development.

            EAP 2006 Annual Report:  The 2006 Northern Employee Assistance Services annual report shows 70% utilization for the year.  Several seminars are offered, and a list will be provided to department heads.

            Joint Town/Village GIS Project:  Clerk‑Treasurer Miller attended a GIS project work session last week.  Map overlays will be prepared for the Village and Town of Clayton for on‑line access, to include street locations, 911 addresses, water and sewer main locations, and many other useful infrastructure information.  The current project is financed through a New York State Archives and Records Administration (SARA) grant, but future costs will need to be provided for in each municipal budget.

            Request for Use of Frink Park:  The Board approved the Riverside Theater request to use Frink Park for their “Sunset Concert Series” on Sunday evenings in July and August.

            Westside Sewer Project (Phase II):  A short-form SEQR was reviewed.  Trustee Orobona presented a MOTION to declare this a Negative Declaration.  Trustee Sherboneau seconded; the motion was carried.  Mayor Kenyon will sign the SEQR and it will be forwarded to Stearns & Wheler.

            Moving Wall – Vendor Inquiries:  Clerk-Treasurer Miller requested a procedure for responding to vendors inquiring about setting up during the time the Moving Wall is in Clayton.  Trustee Zimmer reported there will be a question and answer session on February 28, 2007, held at the Antique Boat Museum, at 7:00 p.m.  Russ Marceau and other Legion members will be present, and Trustee Zimmer urged Board members to attend, as well.  Trustee Sherboneau will contact the Chamber of Commerce for their input.  The matter will be addressed at a future meeting.

            U.S. Census 2010:  Preparations for the 2010 census are underway, beginning with a workshop on Wednesday, March 7, 2007 at Best Western Carriage House Inn, Watertown, from 2:00 to 5:00 p.m.  The Board approved Clerk-Treasurer Miller’s request to designate either Connie Ingerson or Pam Pavao to be responsible for coordinating the Village of Clayton’s census data.

            2006-2007 Budget Revisions:  Clerk-Treasurer Miller presented copies of proposed revisions to the 2006‑2007 budget for consideration and action at the February 26, 2007 regular meeting.

            2007‑2008 Budget:  A budget workshop is scheduled for Tuesday, February 20, 2007 from 6:00 to 8:00 p.m. at the Municipal Building.  Future dates will be scheduled at that session.

Committee Reports:

            Chamber of Commerce:  Trustee Sherboneau reported the Chamber is working on parking availability during the Moving Wall week and the Food & Wine Festival weekend.  The pork dinner benefiting the Moving Wall held at the American Legion on February 2^nd was a great success.

            Sewer-Water:  Trustee Orobona and Supervisor Downey have reviewed short‑term and long‑term budget goals for the Water Department, and will discuss the Sewer Department budget this week.  Carrie Tuttle of DANC will be here later this week to meet with Supervisor Downey and tour the plant.  The initial meeting with Mike Aubertine has been held regarding mapping of the water and sewer mains in the Village.

            Labor Relations:  Trustee Orobona and Trustee Pacific have completed their review of the current contracts, as well as salary information received from NYCOM.

            CLDC:  Some concern was expressed at the last meeting regarding the approved LWRP, i.e., whether it must be ratified in our law, or whether the environmental quality review law covers its implementation.  Trustee Orobona requested permission to obtain a legal opinion from Village Attorney Russell.  The Board agreed.

            Steps for a Healthy Community Grant:  Trustee Zimmer will meet with Chris Bogenschutz, Riverside Media Group, regarding updating the walking tour map.

            Veterans’ Memorial Monument:  Trustee Zimmer submitted $5,000 more in donations for the restoration project.

            Community Newsletter:  Trustee Zimmer reported the community newsletter will be out next week.

            Sign Committee:  Trustee Zimmer announced the first meeting will be held at T.I. Land Trust on February 27, 2007 at 6:30 a.m.  Gail Richardson will chair the committee.

Unfinished Business:

            Joint ZEO Agreement:  Trustee Orobona recommended adopting the revised agreement, pending Town approval.  Trustee Orobona met with ZEO LaClair to discuss the concerns expressed in his recent correspondence.  After discussion, Trustee Sherboneau presented a MOTION to accept the intermunicipal agreement as presented, subject to approval by the Town of Clayton Council.  Trustee Orobona seconded; the motion was carried.

            In connection with the assistant zoning enforcement officer, the Village Board agreed training should be well underway prior to beginning evening hours, perhaps six months or so.  The Board will monitor the utility of scheduled evening hours and will make adjustments as necessary.  A mileage allotment for field work should be discussed during budget negotiations.

            Proposed Local Law #1 of 2007:  Revisions have not yet been received from Attorney Russell.  This matter was tabled until the February 26, 2007 regular meeting.

            Mandatory Training for Planning and Zoning Boards:  Mayor Kenyon noted the Jefferson County Planning Board is developing guidelines and requirements, which they will share with local governments.  The Village Board agreed to table discussion on this matter pending receipt of the County’s plan.

New Business:

            Zoning Law:  Trustee Orobona reminded the Board of the Planning Board’s request to revise the zoning law concerning public notification of public hearings.  Recently, 77 letters were required to be mailed to neighboring parcels of a special use permit application.  The Planning Board wishes to revise the law to allow for a posted signboard placed on the property to serve as legal notice of public hearings.

Mayor’s Report:

            ZEO Review Process:  A committee has been formed to review applications and conduct interviews of applicants for the Assistant ZEO position.  The committee will furnish its recommendations to the Town and Village Boards for consideration.

            LS-1A:  Mayor Kenyon reported the engineers and contractors have met, materials have been ordered, and construction is anticipated to commence mid‑August 2007, with completion set for December 2007.

            Architectural Review Board:  Aaron Vogel has agreed to develop a plan of action as requested by Mayor Kenyon.

            Westside Sewer Project (Phase II):  Mayor Kenyon provided a copy of the plan and layout to Village Attorney Russell, who will prepare the easements.  A form letter outlining the project, and approved by the Village attorney, the engineer and the Village Board, will be mailed to affected residents this week.  The plan and layout will be available for review in the Village Clerk’s office.

            Strawberry Lane/Brooks Drive Improvement Project:  A form letter will be sent to area residents advising them of the project schedule, and requesting they discuss any major repairs that could affect the project with Superintendent Pledger.

            Justice Court:  Mayor Kenyon met with Judge Giles and Bernier, Carr & Associates regarding the pending justice court project.  The engineer will continue to work with the State on the design.

            Office Space Lease Agreement:  Mayor Kenyon and Supervisor Cantwell have executed the office space lease agreement.  A copy will be furnished to Senator Wright in connection with the 1000 Islands Regional Dock Project CCAP grant.

            Registrar of Vital Statistics:  Trustee Zimmer presented a MOTION to approve Mayor Kenyon’s appointment of the Town Clerk as Registrar of Vital Statistics for the Village of Clayton from 01/01/07 through 12/31/07.  Trustee Sherboneau seconded; the motion was carried.

            Burning within Village Limits:  In connection with the issue of burning in the Village limits during Fire Department training exercises, Mayor Kenyon has been unable to obtain a model law through a call to NYCOM, but will continue to research the matter.

Public Comments:

            There was no public comment.

Executive Session:

            Trustee Orobona presented a MOTION to enter executive session at 8:20 p.m. to discuss a pending legal matter.  Trustee Sherboneau seconded; the motion was carried.

            Trustee Orobona presented a MOTION to close executive session at 8:22 p.m.  Trustee Sherboneau seconded; the motion was carried.

Adjournment:

            Trustee Orobona presented a MOTION to adjourn at 8:23 p.m.  Trustee Zimmer seconded; the motion was carried.

__________________________________________

Geneva Phelps Miller, Clerk-Treasurer