ORGANIZATIONAL - Town of Malone, NY minutes/2007minutes.pdfcash, for town board review, as required by town law. salary schedule: * on the motion of councilor caplan with a second

1

THE 2007 ORGANIZATIONAL MEETING OF THE TOWN OF MALONE WAS

HELD ON WEDNESDAY, JANUARY 10th

2007 AT THE TOWN OFFICES, 27

AIRPORT ROAD, MALONE, NEW YORK, COMMENCING AT 6:00 PM, AND

PRECEDED BY A PUBLIC HEARING AT 5:55PM.

PRESENT: SUPERVISOR HOWARD MANEELY

DEPUTY SUPERVISOR PAUL WALBRIDGE

COUNCILOR LOUISE TAYLOR

COUNCILOR IRVING CAPLAN

COUNCILOR JACK SULLIVAN

ALSO PRESENT: SUSAN HAFTER, TOWN CLERK

LILLIAN ANDERSON DUFFY, TOWN ATTORNEY

ANDREA STEWART, SECRETARY/BOOKKEEPER

TOM SHANTY, DEPUTY HIGHWAY SUPERINTENDENT

MARK BESIO, HIGHWAY CLERK

HOWARD CAIN, MALONE DARCY FARGO, MALONE TELEGRAM

PUBLIC HEARING

AT 5:55PM, WITH NOTICE PROVIDED, SUPERVISOR MANEELY OPENED A

PUBLIC HEARING FOR THE PURPOSE OF GATHERING PUBLIC INPUT ON THE

PROPOSED TOWN OF MALONE WEST SIDE SEWER DISTRICT #1.

HOWARD CAIN OF MALONE ASKED THE RATE FOR SEWER SERVICE IN THE

DISTRICT. CLERK HAFTER REPLIED THAT IT WOULD BE FIGURED AT 1.6

TIMES THE INSIDE VILLAGE RATE, ACCORDING TO VILLAGE CODE.

AT 6:03 PM, WITH NO FURTHER COMMENTS FROM PUBLIC OR BOARD,

SUPERVISOR MANEELY LEFT THE PUBLIC HEARING OPEN WHILE OPENING

THE 2007 ORGANIZATIONAL MEETING.

ORGANIZATIONAL

AT 6:03 PM SUPERVISOR MANEELY OPENED THE 2007 ORGANIZATIONAL

MEETING OF THE TOWN BOARD.

SUPERVISOR’S APPOINTMENT: SUPERVISOR MANEELY ANNOUNCED HIS

APPOINTMENT OF PAUL WALBRIDGE TO THE POSITION OF DEPUTY

SUPERVISOR FOR 2007. TOWN CLERK HAFTER ADMINISTERED THE OATH

OF OFFICE.

DESIGNATIONS, SCHEDULES, APPOINTMENTS:

* ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE WITH A SECOND

THERETO BY COUNCILOR CAPLAN TO DESIGNATE THE MALONE

TELEGRAM AS THE OFFICIAL NEWSPAPER FOR THE TOWN OF MALONE

FOR 2007. MOTION CARRIED WITH ALL MEMBERS VOTING IN FAVOR (5-0).

* ON THE MOTION OF COUNCILOR TAYLOR WITH A SECOND THERETO BY

COUNCILOR SULLIVAN TO NAME COMMUNITY BANK, KEY BANK,

HSBC, CHARTER ONE BANK, JP MORGAN-CHASE AND NBT AS THE

OFFICIAL DEPOSITORIES FOR THE TOWN OF MALONE FOR 2007. THE

MOTION CARRIED WITH ALL MEMBERS VOTING IN FAVOR (5-0).

* ON THE MOTION OF COUNCILOR CAPLAN WITH A SECOND THERETO BY

COUNCILOR TAYLOR SET THE OFFICIAL TOWN BOARD MEETING

SCHEDULE FOR 2007AS THE SECOND AND FOURTH WEDNESDAYS OF

EACH MONTH COMMENCING AT 6:00 PM. THE MOTION CARRIED WITH

ALL MEMBERS VOTING IN FAVOR (5-0).

2

01/10/2007

* ON THE MOTION OF COUNCILOR SULLIVAN WITH A SECOND THERETO

BY COUNCILOR TAYLOR TO SET THE MILEAGE REIMBURSEMENT RATE

FOR THE TOWN OF MALONE AT $.40 PER MILE FOR 2007. THE MOTION

CARRIED WITH ALL MEMBERS VOTING IN FAVOR (5-0).

*ON THE MOTION OF COUNCILOR TAYLOR WITH A SECOND THERETO BY

DEPUTY SUPERVISOR WALBRIDGE TO AUTHORIZE THE HIGHWAY

SUPERINTENDENT TO EXPEND UP TO $1500.00 FOR THE PURCHASE OF

SMALL TOOLS IN 2007. THE MOTION CARRIED WITH ALL MEMBERS

VOTING IN FAVOR (5-0).


THERETO BY COUNCILORCAPLAN TO DESIGNATE THE FRANKLIN

COUNTY HISTORICAL SOCIETY AS THE TOWN OF MALONE HISTORIAN

FOR 2007. MOTION CARRIED WITH ALL MEMBERS VOTING IN FAVOR (5-0).

- SUPERVISOR MANEELY THE HIGHWAY SUPERINTENDENT’S

APPOINTMENT OF THOMAS SHANTY TO THE POSITION OF DEPUTY

SUPERINTENDENT OF HIGHWAYS FOR 2007. TOWN CLERK HAFTER

ADMINISTERED THE OATH OF OFFICE.


COUNCILOR TAYLOR TO RE-APPOINT HIGHWAY SUPERINTENDENT

LIVERNOIS TO THE POSITION OF LANDFILL OVERSEER FOR 2007. THE



THERETO BY COUNCILOR SULLIVAN TO ADOPT THE “SUBJECT MATTER

LIST” FOR FOIL REQUESTS (RECORDS RETENTION SCHEDULE) FOR 2007 AS

RECOMMENDED BY RMO HAFTER. THE MOTION CARRIED WITH ALL

MEMBERS VOTING IN FAVOR (5-0).

SUPERVISOR’S COMMITTEE APPOINTMENTS:

SUPERVISOR MANEELY ANNOUNCED THE FOLLOWING TOWN BOARD

COMMITTEES FOR 2007, WITH THE FIRST NAME LISTED DENOTING THE

CHAIRMAN:

HIGHWAY & AIRPORT - MANEELY/WALBRIDGE

BLDGS., PARKS & GROUNDS- WALBRIDGE/SULLIVAN

GOLF CLUB - CAPLAN/SULLIVAN

RECREATION - WALBRIDGE/TAYLOR

LANDFILL - TAYLOR/WALBRIDGE

ASSESSMENT, TAXES,

ZONING & CODE - MANEELY/WALBRIDGE

REC.TAXES, CLERK,COURT,

BINGO INSP./CONSTABLE - TAYLOR/SULLIVAN

DOG CONTROL - TAYLOR/ CAPLAN

HISTORIAN - WALBRIDGE/TAYLOR

FIRE PROTECTION - WALBRIDGE/SULLIVAN

POLICY - CAPLAN/SULLIVAN

NEGOTIATIONS - SULLIVAN/CAPLAN

RECORDS MANAGEMENT - TAYLOR/WALBRIDGE

CABLE FRANCHISE - TAYLOR/CAPLAN

3

01/10/2007

SUPERVISOR’S ANNOUNCEMENT: ANNUAL STATEMENTS AND RECORDS

HAVE BEEN MADE AVAILABLE BY ALL DEPARTMENTS WHICH HANDLE

CASH, FOR TOWN BOARD REVIEW, AS REQUIRED BY TOWN LAW.

SALARY SCHEDULE:


COUNCILOR TAYLOR TO ADOPT THE SALARY SCHEDULE FOR 2007 AS

BUDGETED AND AS FOLLOWS:

SUPERVISOR $13,750.00

COUNCILOR (4@) 5,500.00

TOWN JUSTICE (2@) 14,000.00

SUPT. OF HIGHWAYS 38,000.00

LANDFILL OVERSEER 10,000.00

DEPUTY SUPT. OF HWYS. 6,000.00

SECRETARY/BOOKKEEPER 29,024.00

BUDGET OFFICER 7,800.00

ASSESSOR (20 HOURS) 26,100.00

ASSESSMENT ASSISTANT 18,578.00

CODE SECRETARY 3,280.00

TOWN CLERK 18,033.00

RECEIVER OF TAXES 11,865.00

RECORDS MANAGEMENT OFFICER 1,100.00

DEPUTY/FLOATER CLERK 22,858.00

HWY.ACCT. CLERK/LABORER 31,316.00

AIRPORT MANAGER 3,500.00

JUSTICE COURT CLERK 21,358.00

ZONING/CODE OFFICER (35 HRS.) 27,911.00

BINGO INSPECTOR 850.00

TOWN CONSTABLE 150.00

TOWN ATTORNEY 12,000.00

HEALTH OFFICER 750.00

DATA COLLECTOR 10.85 HR./24 HRS. PER WK

$2,000.00 STIPENDS, TO COVER ALL WATER DISTRICT WORK FOR THE EAST

SIDE AND WEST SIDE WATER DISTRICTS, TO THE ASSESSOR, ASSESSMENT

ASSISTANT, TOWN CLERK/TAX RECEIVER, DEPUTY /FLOATER CLERK,

BOOKKEEPER/BUDGET OFFICER AND HIGHWAY SUPERINTENDENT.

HIGHWAY RATES, IN ACCORDANCE WITH CSEA CONTRACT ENDING

12/31/2006:

MEO $ 14.35 PER HOUR

HEO 14.65 PER HOUR

MECHANIC 15.05 PER HOUR

LABORER ONE 12.60 PER HOUR

LABORER TWO 14.35 PER HOUR


REGULAR MEETING

MINUTES & REPORTS:


THERETO BY COUNCILOR TAYLOR TO ACCEPT THE MINUTES OF THE

REGULAR MEETING OF DECEMBER 13th

2006 AS PRESENTED AND PLACE ON

FILE. THE MOTION CARRIED WITH ALL MEMBERS VOTING IN FAVOR (5-0).

4

01/10/2007


THERETO BY COUNCILOR SULLIVAN TO ACCEPT THE FOLLOWING

REPORTS AS PRESENTED AND PLACE ON FILE: JUSTICE COURT FOR

NOVEMBER 2006; AND TOWN CLERK, REGISTRAR AND SUPERINTENDENT

OF HIGHWAYS FOR DECEMBER 2006. THE MOTION CARRIED WITH ALL


OLD BUSINESS:

BENNETT PLANE – ATTORNEY ANDERSON-DUFFY REPORTED THAT THE

BILL OF SALE AND REPOSSESSION LETTERS HAVE BEEN SENT TO BENNETT

AND HE HAS SUPPOSEDLY SENT HIS LOG BOOK TO THE FINANCE

COMPANY, ALLOWING FOR THE PLANE TO BE SOLD.

SUPERVISOR REPORTS:

SNOW REMOVAL EQUIPMENT BUILDING –


BY DEPUTY SUPERVISOR WALBRIDGE:

RESOLUTION #1-2007

Authorizing acceptance of a grant offer from the New York State Department of

Transportation (NYSDOT) for work at the Malone-Dufort Airport

described as Snow Removal Equipment Building, Pin 7901.28 (the “Project”)

WHEREAS, the NYSDOT has offered a matching grant to federal grant FY-06; and

WHEREAS, the Town of Malone desires to advance the Project by committing funds for

the local match, the funding shares being: Federal (FAA) - $459,800.00; State -

$12,100.00, Local – $12,100.00 and Total - $483,800.00; and

WHEREAS, the Town of Malone and the FAA notify the NYSDOT the Town of

Malone has requested and received an increase in Federal funding for the Project based

on increased eligible costs and has authorized the proportionate increase in local funding,

the State share noted above shall be increased proportionately up to a maximum increase

of 15%;

NOW, THEREFORE, BE IT

RESOLVED: that the Malone Town Board does hereby approve the above subject

Project; and it is hereby further

RESOLVED: that the Supervisor of the Town of Malone be and is hereby authorized to

execute all necessary Agreements on behalf of the Town of Malone with the NYSDOT in

connection with the Project; and it is further

RESOLVED: that a Certified copy of this Resolution be filed with the New York State

Commissioner of Transportation by attaching it to any necessary Agreement in

connection with the Project: and it is further

RESOLVED: that this Resolution shall take effect immediately.


DOG CONTROL AGREEMENT – A DOG CONTROL AGREEMENT FOR 2007

HAS BEEN PREPARED FOR BOARD REVIEW AND FOR CONSIDERATION AT

THE NEXT REGULAR MEETING.

5

01/10/2007

SUPERINTENDENT OF HIGHWAYS REPORTS: ACTING SUPERINTENDENT,

SHANTY REPORTED THAT ALL IS RUNNING SMOOTHLY AT THE HIGHWAY

DEPARTMENT. THE FLAGPOLE AT THE TOWN OFFICE HAS BEEN REPAIRED

AND A NEW FLAG WILL BE PUT UP TOMORROW. A NEW EMPLOYEE,

MICHAEL ANDREWS, JR., WAS HIRED AS A LABORER II, PENDING RESULTS

OF PHYSICAL AND DRUG TESTING.

BOARD MEMBER/COMMITTEE REPORTS: COUNCILORS CAPLAN AND

TAYLOR CONTINUE TO WORK WITH THE DOG/CAT COMMITTEE AND ARE

LOOKING FOR MONEY TO PURCHASE CAGES.

COUNCILOR SULLIVAN REPORTED THERE IS NO NEW PROGRESS ON

NEGOTIATIONS WITH THE HIGHWAY DEPARTMENT.

CORRESPONDENCE:

- FROM NYS COMPTROLLER 2007 COST THRESHOLDS FOR SPECIAL

DISTRICTS.

- FROM COMPUTER SUPPORT & TRAINING, TOWN OF MALONE WEB SITE

INFORMATION NEEDED. THEY HAVE REQUESTED BIOS FROM BOARD

MEMBERS.

- FROM FRANKLIN COUNTY LEGISLATURE 2007 TAX RATE WORK SHEETS,

RATES & EQUALIZATION TABLE.

- FROM THE CHURCH OF THE LATTER DAY SAINTS, SEQR FORM FOR

UNLISTED ACTION. THE DEC, DOH, VILLAGE OF MALONE AND FRANKLIN

COUNTY ARE IDENTIFIED AS INVOLVED AGENCIES. THE SEQR PROCESS

WILL CONTINUE THROUGH THE VARIANCE PROCESS. A VARIANCE MAY BE

GRANTED PENDING FINAL SEQR APPROVALS.

NEW BUSINESS:

NYSAT CONFERENCE REQUESTS – DEPUTY SUPERVISOR WALBRIDGE

AND ASSESSMENT ASSISTANT COFFEY HAVE REQUESTED PERMISSION TO

ATTEND THE NYSAT CONFERENCE. SUPERVISOR MANEELY HAS DECIDED

NOT TO GO, DUE TO BUDGET CONSTRAINTS.


COUNCILOR SULLIVAN TO ALLOW DEPUTY SUPERVISOR WALBRIDGE TO

ATTEND THE NYSAT CONFERENCE IN NEW YORK CITY FEBRUARY 18TH

-

21ST

2007, WITH ALL NECESSARY EXPENSES TO BE PAID BY THE TOWN.


IT WAS DETERMINED TO DENY THE ASSESSMENT ASSISTANT’S REQUEST

DUE TO BUDGET CONSTRAINTS AND THE AVAILABILITY OF OTHER

TRAINING MORE DIRECTLY RELATED TO HER JOB.

* ON THE MOTION OF SUPERVISOR MANEELY WITH A SECOND THERETO

BY COUNCILOR TAYLOR TO DESIGNATE DEPUTY WALBRIDGE AS VOTING

DELEGATE FOR THE TOWN OF MALONE AT THE 2007 NYCOM CONFERENCE.

THE MOTION CARRIED WITH ALL MEMBERS VOTING IN FAVOR.

TRAINING REQUEST –


COUNCILOR SULLIVAN TO ALLOW CODE OFFICER CROSSMAN TO ATTEND

THE NORTHERN ADIRONDACK CODE ENFORCEMENT OFFICIALS

CONFERENCE IN LAKE PLACID MARCH 5TH

– 8TH

2007, AS HE HAS

REQUESTED WITH ALL NECESSARY EXPENSES TO BE PAID BY THE TOWN.

THE CODE OFFICER WILL RECEIVE CREDITS FROM THE CONFERENCE. THE


6

01/10/2007

EXECUTIVE SESSION:

* AT 6:35PM, ON THE MOTION OF SUPERVISOR MANEELY WITH A SECOND

THERETO BY DEPUTY SUPERVISOR WALBRIDGE TO ENTER INTO

EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING LITIGATION WITH

ALL BOARD MEMBERS AND THE TOWN ATTORNEY TO BE IN ATTENDANCE.

THE MOTION CARRIED WITH ALL MEMBERS VOTING IN FAVOR (5-0).

AT 7:10 PM, THE EXECUTIVE SESSION ENDED AND THE REGULAR MEETING

RESUMED WITH NO ACTION TAKEN.

SUPERVISOR REPORT: PLOW TRUCK – SUPERVISOR MANEELY NOTED THAT THE 2007 BUDGET

INCLUDES $65,000.00 FOR A PLOW TRUCK, AND THAT THE BOARD HAD

DECIDED TO TAKE ANOTHER $65,000.00 FROM THE EQUIPMENT RESERVE

FUND FOR A TOTAL OF $130,000.00. A CURRENT QUOTE FOR THE STATE

CONTRACT PRICE IS $153,000.00. A SECOND QUOTE WAS ALSO HIGH.


BY COUNCILOR CAPLAN TO PUT ASIDE THE PURCHASE OF NEW PLOW

TRUCK UNTIL THE 2008 BUDGET YEAR. THE MOTION CARRIED WITH ALL


BILLS:


THERETO BY COUNCILOR TAYLOR THAT THE FOLLOWING BILLS,

VOUCHERS #767 - 791 HAVING BEEN AUDITED, BE PAID:

2006 GENERAL FUND - $ 8,605.53

PART TOWN GENERAL - 250.32

HIGHWAY DA - 24.14

HIGHWAY DB FUND - 20,064.03

SUB-TOTAL: $ 34,944.42

2007 GENERAL - $ 9,013.39


EAST SIDE WATER FUND - ________288.10

SUB-TOTAL: $ 9,316.49

TOTAL: $ 44,260.91


TABLED ITEM:

ASSESSOR REQUEST-


BY COUNCILOR SULLIVAN TO DENY THE REQUEST BY ASSESSOR

CASHMAN FOR PURCHASE OF A COPIER FOR HIS OFFICE. THE MOTION


ADJOURN:

* AT 7:14PM, ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE

WITH A SECOND THERETO BY COUNCILOR TAYLOR, THERE BEING NO

FURTHER BUSINESS TO COME BEFORE THE BOARD, THAT IT DULY

ADJOURN, WITH THE NEXT REGULAR MEETING TO BE HELD ON

WEDNESDAY, JANUARY 24TH

2007, COMMENCING AT 6:00PM. THE MOTION


RESPECTFULLY SUBMITTED,

________________________________

SUSAN M. HAFTER, TOWN CLERK

FEBRUARY 7, 2007

7

STATE OF NEW YORK

COUNTY OF FRANKLIN SS:

I, Susan M. Hafter, Clerk of the Town of Malone, County and State aforesaid do hereby certify

that the foregoing resolution was duly adopted by the Malone Town Board at a regular meeting

held on January 10th 2007; and that the same is a true and correct copy of the record on file in my

office.

In witness whereof, I have hereunto set my

Hand and Seal this 12th day of January 2007.

RESOLUTION #2-2007

Authorizing acceptance of a grant offer from the New York State Department of

Transportation (NYSDOT) for work at the Malone-Dufort Airport

described as T-Hangar Taxilane (Design Only) - Pin 7901.29 (the “Project”)

WHEREAS, the NYSDOT has offered a matching grant to federal grant FY-06; and

WHEREAS, the Town of Malone desires to advance the Project by committing funds for

the local match, the funding shares being: Federal (FAA) - $29,450.00; State - $775.00,

Local – $775.00 and Total - $31,000.00; and

8

WHEREAS, the Town of Malone and the FAA notify the NYSDOT the Town of

Malone has requested and received an increase in Federal funding for the Project based

on increased eligible costs and has authorized the proportionate increase in local funding,

the State share noted above shall be increased proportionately up to a maximum increase

of 15%;

NOW, THEREFORE, BE IT

RESOLVED: that the Malone Town Board does hereby approve the above subject

Project; and it is hereby further

RESOLVED: that the Supervisor of the town of Malone be and is hereby authorized to

execute all necessary Agreements on behalf of the town of Malone with the NYSDOT in

connection with the Project; and it is further

RESOLVED: that a Certified copy of this Resolution be filed with the New York State

Commissioner of Transportation by attaching it to any necessary Agreement in

connection with the Project: and it is further

RESOLVED: that this Resolution shall take effect immediately.

STATE OF NEW YORK

COUNTY OF FRANKLIN SS:

I, Susan M. Hafter, Clerk of the Town of Malone, County and State aforesaid do hereby certify

that the foregoing resolution was duly adopted by the Malone Town Board at a regular meeting

held on January 10th 2007; and that the same is a true and correct copy of the record on file in my

office.

In witness whereof, I have hereunto set my

Hand and Seal this 12th day of August 2007.

______________________________________

A REGULAR MEETING OF THE MALONE TOWN BOARD WAS HELD ON

WEDNESDAY JANUARY 24TH

2007, AT THE MALONE TOWN OFFICES, 27

AIRPORT ROAD, MALONE, COMMENCING AT 6:00 PM.




COUNCILOR JOHN SULLIVAN



ANDREA STEWART, BUDGET OFFICER/BOOKKEEPER


SUPERVISOR MANEELY CALLED THE MEETING TO ORDER AT 6:00 PM.

MINUTES & REPORTS:

MINUTES FROM THE MEETING OF JANUARY 10TH

2007 WERE WAIVED.


THERETO BY COUNCILOR TAYLOR TO ACCEPT THE RECEIVER OF TAXES

REPORT FOR JANUARY 1 – 15/2007 AND THE CODE OFFICER’S REPORT FOR

DECEMBER 2006 AS PRESENTED AND PLACE ON FILE. THE MOTION


OLD BUSINESS:

DOG CONTROL – COUNCILORS TAYLOR AND CAPLAN REPORTED THAT

AGREEMENT FOR DOG CONTROL FOR 2007 WILL BE VIRTUALLY THE SAME

AS LAST YEAR. THE AMOUNT OF THE CONTRACT IS $14,500.00, BASED ON

2006 DOG LICENSING. SUPERVISOR MANEELY STATED THAT THE DCO HAS

NOT BEEN SUBMITTING SOME OF THE REPORTS REQUIRED. THE BOARD

AGREED TO DELAY APPROVAL OF THE CONTRACT UNTIL THE DCO

PROVIDES A CERTIFICATE OF INSURANCE FOR THE SHELTER.

SUPERVISOR REPORTS: BELLMONT LAW – A COPY OF THE TOWN OF BELLMONT’S LOCAL LAW #1

FOR 2007, REGARDING WIND POWER FACILITIES HAS BEEN RECEIVED FOR

BOARD REVIEW.

SEWER DISTRICT #1 –

RESOLUTION #2-2007

Authorizing creation of the Route 11 West Sewer District #1

WHEREAS, a resolution on the motion of the Town Board, pursuant to Article 12-A of

the Town Law has been duly presented by the Town Board of the Town of Malone,

Franklin County, New York for the creation of ROUTE 11 WEST SEWER DISTRICT #1

to provide sewer service to properties located within such district; and

WHEREAS, an Order was duly adopted by the Town Board of the Town of Malone on

December 13, 2006 reciting the filing of said Resolution, the District proposed, and the

boundaries of the ROUTE 11 WEST SEWER DISTRICT #1, and specifying the 10th

day

of January, 2007 as the date, and the town Hall of the Town of Malone as the place where

the Board would meet and consider the proposed establishment of the ROUTE 11 WEST

SEWER DISTRICT #1 and hear all persons interested in the subject thereof concerning the

same; and

WHEREAS, a Hearing on the matter was duly held by the Town board on the 10th

day of

January 2007, commencing at 5:50PM, in the Town Hall of the Town of Malone, and

discussion upon the matter having been had, and all persons desiring to be heard, having

been heard; and

WHEREAS, the Town Board acted as lead agency for the purpose of conducting a

coordinated environmental review of the project, which constitutes an Unlisted Action

01/24/2007

under the New York State Environmental Quality Review Act (“SEQRA”), and determined

that the project will not result in the presence or creation of any adverse environmental

impacts; and

WHEREAS, all requirements of the State Environmental Quality Review Act have been

complied with

NOW, upon the evidence given at such Hearing it is

RESOLVED AND DETERMINED, that:

a) notice of said Haring was duly published and posted as required by law, and was

otherwise sufficient,

b) the property and the property owners within the proposed District are benefited

thereby,

c) the property and the property owners benefited are included within the limits of the

proposed District, and

d) the establishment of the District is in the public interest; and it is further

RESOLVED, DETERMINED AND ORDERED, that the creation of the ROUTE 11

WEST SEWER DISTRICT #1 to provide sewer service to properties within the district is

hereby authorized, subject to permissive referendum; and it is further

RESOLVED, DETERMINED AND ORDERED, hat the ROUTE 11 WEST SEWER

DISTRICT #1 is bounded and described as follows:

- INSERT PROPERTY DESCRIPTION -

01/24/2007

and it is further

RESOLVED, DETERMINED AND ORDERED, that the cost of the creation of the

district and the construction of the sewer main and related improvements shall be borne

by Wal-Mart, Inc. pursuant to a mutually acceptable agreement between Wal-Mart, Inc.

and the Town of Malone and will not involve the expenditure of public funds or result in

any debt to be allocated among the owners of real property located within the district; and

it is further

RESOLVED DETERMINED AND ORDERED, that each property owner within the

district shall be responsible for the cost associated with connecting to the sewer facilities;

and it is further

RESOLVED, DETERMINED AND ORDERED, that the annual cost of the district to

the typical property shall be calculated by the Village of Malone in accordance with its

Sewer Rents; and it is further

RESOLVED AND ORDERED that following the expiration of time for filing a petition

requesting that the matter be submitted to a referendum of the property owners of the

proposed district, or if such a petition was filed and the district was approved at a

referendum, the Town Clerk of the Town of Malone shall prepare and file in the Office of

the Clerk of the County of Franklin and of the State Department of Audit and Control a

certificate sating that no petition was filed, or a certificate stating that a petition was filed

and a referendum was held and certifying the vote on the proposition submitted,

whichever is applicable.

THE MOTION CARRIED ON A ROLL CALL VOTE, AS FOLLOWS: SUPERVISOR

MANEELY – AYE; DEP. WALBRIDGE - AYE; COUNCILOR TAYLOR- AYE;

COUNCILOR SULLIVAN – AYE; COUNCILOR CAPLAN – AYE (5-0).

NORTH COUNTRY LIFE FLIGHT –


THERETO BY COUNCILOR SULLIVAN:

RESOLUTION #3-2007

WHEREAS, North Country Life flight, Inc. is a not-for-profit, tax-exempt corporation

which is responsible for all aspects of patient care by providing medical equipment,

training, medical personnel and administering the medical portion utilizing the New York

State Police helicopter based in Saranac Lake and private fixed-wing aviation resources;

and

WHEREAS, the New York State Police and private fixed-wing aviation resources do not

provide a medically trained team or medical equipment for patient transports; and

WHEREAS, the people of Clinton, Essex, Franklin, Hamilton and St. Lawrence

Counties receive a vital emergency medical service which is free of charge to critically ill

and seriously injured patients, and therefore municipal governments are asked to pledge

monies for this worthwhile program;

NOW, THEREFORE, BE IT RESOLVED: that the Town Board of the Town of

Malone hereby authorizes the supervisor to enter into a contract with North Country Life

Flight, Inc. for the purpose of operating the medical component of the medevac program,

which will serve its residents and visitors, and paying the amount of $2,500.00 which

represents the Town’s share for 2007; and be it

FURTHER RESOLVED: that the sum of $2,500.00 is hereby appropriated to Account

No. A1989.4 for payment to North Country Life Flight, Inc.


01/24/2007

STREET LIGHT REQUEST – THE TOWN BOARD HAS RECEIVED PHONE

CALLS FROM ESTHER REOME (REPRESENTING THE RESIDENTS ALONG A

CERTAIN PORTION OF RT. 30 NORTH) AND NATIONAL GRID

REQUESTING ADDITIONAL STREET LIGHTING.


BY COUNCILOR CAPLAN THAT IN RESPONSE TO REQUESTS FROM

RESIDENTS AND NATIONAL GRID , THE TOWN HAVE INSTALLED, AT NO

COST, AN ADDITIONAL STREET LIGHT ON ROUTE 30 NORTH, WITH THE

ANNUAL COST OF LIGHTING TO BE APPROXIMATELY $100.00. THE MOTION


FISH & GAME CLUB REQUEST –

RESOLUTION #4-2007

Relating to application for Grant Funding

to construct a Fishing Access Site on the Salmon River in Malone

WHEREAS, the New York State Department of Environmental Conservation sponsors a

grant program through the Wildlife Habitat Stamp Program, and

WHEREAS, the Franklin County Legislature and the Franklin County Federation of Fish

& Game Clubs have agreed to work cooperatively to sponsor an application under this

program, and if funded, the administration and implementation of said grant program,

and

WHEREAS, the chosen project is the construction of a Fishing Access Site on the

Salmon River in Malone, which would be accessible to all individuals including those

with physical disabilities; and

WHEREAS, the chosen site, a Town parcel (98.-1-15), located on Lower Park Street has

been removed from tax sale auction process and ownership is being transferred to New

York State, and

WHEREAS, the Malone Town Board has reviewed the proposed project and approves

and recommends the same, as it complements and furthers ongoing efforts by Town,

Village and community action groups toward Salmon River and waterfront

improvements;

NOW, THEREFORE, BE IT RESOLVED: that the Malone Town Board does heartily

and enthusiastically support efforts by the Franklin County Federation of Fish and Games

Clubs and the Franklin County Legislature to obtain the necessary grant funding to bring

this worthwhile project to fruition.


BOARD MEMBER/COMMITTEE REPORTS:

COUNCILOR CAPLAN REPORTED THAT THE DOG AND CAT COMMITTEE

HAS NO FUNDING TO MOVE FORWARD WITH PROJECTS. HE ASKED

WHETHER MONIES COLLECTED FOR DOG LICENSING COULD BE UTILIZED.

CLERK HAFTER EXPLAINED THAT THE TOWN PORTION OF THE MONIES

COLLECTED IS USED TO OFFSET THE COST OF DOG CONTROL, AS

INTENDED BY STATUTE. SUPERVISOR MANEELY SUGGESTED THAT THE

COMMITTEE AND THE SPCA APPEAL TO FRANKLIN COUNTY FOR FUNDING

SINCE THE DOG/CAT POPULATION IS A COUNTY CONCERN AND THE SPCA

IS A COUNTY-WIDE GROUP.

COUNCILOR CAPLAN SAID HE WOULD LIKE TO CONTINUE THE DIALOGUE

BETWEEN TOWN AND VILLAGE REGARDING POSSIBLE CONSOLIDATION OF

THE JUSTICE COURTS AND CODE OFFICES.

01/24/2007

SUPERVISOR MANEELY REPORTED THAT HE AND MAYOR STEWART ARE

MEETING WITH COMLINKS REPRESENTATIVES TOMORROW TO DISCUSS A

POSSIBLE JOINT APPLICATION FOR AN ECONOMIC DEVELOPMENT GRANT

AIMED AT SMALL BUSINESS.

COUNCILOR SULLIVAN ASKED WHETHER THERE HAD BEEN ANY

PROGRESS TOWARD THE INSTALLATION OF A MOTION-SENSITIVE SAFETY

LIGHT SAFETY AT THE END OF THE TOWN OFFICE BUILDING ADJACENT TO

THE PILOT BUILDING. THE SUPERVISOR SAID THAT THE NEW HIGHWAY

EMPLOYEE MIGHT BE ABLE TO TAKE CARE OF THAT JOB.

CORRESPONDENCE:

- FROM DEC NYS, RE: PROCEDURES FOR OBTAINING NECESSARY PERMITS

FOR “ROADS BY USE” FOR CLEARING/CLEANING/CREATING DITCHES AND

REPLACING CULVERTS ALONG OR ADJACENT TO DEC MANAGED LAND

AND FOREST RESERVE LANDS.

- FROM THE FRANKLIN COUNTY TREASURER, NOTICE OF SURPLUS DOG

MONIES FOR 2006 IN THE AMOUNT OF $1,655.90, TO BE USED FOR

ENUMERATION PURPOSES, AS PER AGREEMENT.

- FROM COMPUTER SUPPORT AND TRAINING PROPOSALS AND PRICING

FOR UPDATES/SERVICE AGREEMENT.


BY COUNCILOR CAPLAN TO OPT FOR THE YEARLY UPDATE SERVICE FROM

COMPUTER SUPPORT AND TRAINING AT AN ANNUAL PRICE OF $432.00 TO

BE SPLIT AMONG ALL DEPARTMENTS. THE MOTION CARRIED WITH ALL


NOTE: ATTORNEY ANDERSON-DUFFY ANNOUNCED THAT SHE WILL BE

ABSENT FOR THE MONTH OF FEBRUARY, DUE TO HER HUSBAND’S

MEDICAL TREATMENT IN FLORIDA. SHE WILL ASK ATTORNEY BRIAN

STEWART TO ACT ON HER BEHALF IN THE EVENT OF A THE TOWN HAVING

A LEGAL EMERGENCY.

BILLS:


DEPUTY SUPERVISOR WALBRIDGE, THAT THE FOLLOWING BILLS,

VOUCHERS #56 – 89, HAVING BEEN AUDITED, BE PAID:

2006 HIGHWAY DB FUND - $ 9,939.35

2007 GENERAL - 18,696.92


HIGHWAY DB - 885.33

TRUST & AGENCY - 150,268.72

FIRE PROTECTION - 139,442.00

TOTAL: $ 319,864.35


* AT 7:40 PM, ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE WITH

A SECOND THERETO BY COUNCILOR SULLIVAN THERE BEING NO


ADJOURN WITH THE NEXT REGULAR MEETING TO BE HELD AT 6:00 PM,

WEDNESDAY FEBRUARY 14TH

2007. THE MOTION CARRIED WITH ALL



______________________________


FEBRUARY 12, 2007

1


WEDNESDAY, FEBRUARY 28TH



PRESENT: DEPUTY SUPERVISOR PAUL WALBRIDGE




ABSENT: SUPERVISOR HOWARD MANEELY



MARK BESIO, HIGHWAY CLERK

DAN WILLS, MALONE BRUCE BURDITT, MALONE

DEPUTY SUPERVISOR WALBRIDGE CALLED THE MEETING TO ORDER AT

6:00 PM.

ADDRESS TO BOARD:

JOE LUCY, MALONE RESIDENT AND STUDENT PILOT, HAD ASKED TO

SPEAK TO THE BOARD ABOUT SOME AIRPORT CONCERNS. AS HE WAS NOT

PRESENT AT 6:00PM, DAN WILLS ADDRESSED SOME ISSUES. HE ASKED

WHY THE AIRPORT HAD NOT BEEN PLOWED FOR SEVERAL DAYS AFTER

THE MAJOR STORM FEBRUARY 14TH

2007. COUNCILOR TAYLOR SAID SHE

WAS NOT AWARE OF THE SITUATION UNTIL THE TUESDAY AFTER THE

STORM, AND THAT SHE WAS SHOCKED. SHE WAS CONCERNED WHAT

MIGHT HAVE HAPPENED IN THE CASE OF EMERGENCY. MR. WILLS SAID

HE UNDERSTOOD THAT THE TOWN ROADS COME FIRST, BUT THE TOWN

HAS AN OBLIGATION TO THE AIRPORT TOO. HE SAID FAA FUNDING IS

DEPENDENT ON THE TOWN KEEPING THE AIRPORT OPEN AND

MAINTAINED. BUDGET OFFICER STEWART NOTED THAT WHILE THIS IS

TRUE, FAA MONIES ARE USED AS SPECIFIED, AND CANNOT BE USED FOR

MAINTENANCE. COUNCILOR SULLIVAN SAID THE HIGHWAY DEPARTMENT

IS COMPENSATED FOR PLOWING FROM AIRPORT FUNDS. DEPUTY

SUPERVISOR WALBRIDGE SAID THAT SOMETHING HAD BEEN SAID ABOUT

NOT ALLOWING AIRPORT PLOWING TO CREATE OVERTIME. BRUCE

BURDITT, A LOCAL PILOT, SAID THE AIRPORT SHOULD BE PLOWED

WHETHER OR NOT IT CREATES OVERTIME. MARK BESIO, AIRPORT

MANAGER AND HIGHWAY CLERK, SAID THAT WHEN SUPERINTENDENT

LIVERNOIS IS HERE HE PLOWS THE AIRPORT HIMSELF (AS A SALARIED

OFFICIAL, HE RECEIVES NO OVERTIME). THE SUPERINTENDENT IS

VACATIONING IN FLORIDA FOR SEVERAL WEEKS, AND DIRECTED HIS

DEPUTY, TOM SHANTY, TO NOT CREATE OVERTIME FOR AIRPORT

PLOWING DURING HIS ABSENCE. DEPUTY SUPERVISOR WALBRIDGE SAID

THAT IF SUCH A CIRCUMSTANCE OCCURRED AGAIN, THE PILOTS SHOULD

LET ANY ONE OF THE BOARD MEMBERS KNOW AT ONCE. THE BOARD

WILL CONFER WITH THE SUPERINTENDENT, AND WITH LEGAL COUNSEL IF

NECESSARY THERE IS A PROBLEM. COUNCILOR SULLIVAN SAID THAT

SINCE THE SUPERINTENDENT, DEPUTY SUPERINTENDENT, SUPERVISOR

AND ATTORNEY ARE NOT PRESENT, THE ISSUE SHOULD BE TABLED.

AT 6:18 PM, MR. LUCY ARRIVED AND THE DISCUSSION CONTINUED. MR.

LUCY NOTED THAT THERE IS INSUFFICIENT AND INCORRECT

INFORMATION ABOUT THE MALONE-DUFORT AIRPORT ON THE INTERNET

AND IN DIRECTORIES. HE SAID THE TOWN SHOULD PROMOTE THE

AIRPORT AND I.D.A. PARK MORE AND OFFER AIRPLANE FUEL. HE

SUGGESTED PLOWING ALTERNATIVES FOR THE AIRPORT, SUCH AS

HAVING THE TOWN OF BANGOR OR A PRIVATE CONTRACTOR DO IT. HE

OFFERED HIS PERSONAL SERVICES WITH A SNOW-BLOWER. DEPUTY

SUPERVISOR WALBRIDGE THANKED MR. LUCY FOR HIS COMMENTS.

2

02/28/2007

MINUTES & REPORTS:

DEPUTY SUPERVISOR WALBRIDGE WAIVED ACCEPTANCE OF THE

MINUTES FOR THE SPECIAL MEETING OF FEBRUARY 15TH

2007,

AS A QUORUM FROM THAT MEETING IS NOT PRESENT TONIGHT.

OLD BUSINESS:

DOG CONTROL CONTRACT – COUNCILOR CAPLAN SAID THE CONTRACT

FOR DOG CONTROL FOR 2007 HAS BEEN HELD UP AWAITING CERTIFICATE

OF INSURANCE FROM NORTH COUNTRY ANIMAL SHELTER, INC.

SUPERVISOR REPORTS:

SEWER DISTRICT -


COUNCILOR SULLIVAN THAT THE BOARD APPROVES, THE FINAL

RESOLUTION AND ORDER TO CREATE WEST-SIDE SEWER DISTRICT #1, TO

BE RATIFIED AT THE NEXT REGULAR MEETING. CARRIED WITH ALL

MEMBERS PRESENT VOTING IN FAVOR (4-0).


COUNCILOR CAPLAN REPORTED THAT THE DOG CONTRACT FOR 2007 HAS

STILL NOT BEEN SIGNED AS THERE IS A HOLD-UP ON GETTING AN

INSURANCE CERTIFICATE FROM THE DCO/SHELTER.

CORRESPONDENCE:

- FROM LARRY MUNDY PERTAINING TO THE COMPREHENSIVE PLAN

COMMITTEE’S PROPOSED LAKE TITUS ZONING CHANGES.

NEW BUSINESS:

MALONE CALL FIREMEN, INC. –


BY COUNCILOR TAYLOR:

RESOLUTION #6-2007

RESOLVED: that the Malone Town Board encourages the participation of the Malone

Call Firemen, Inc. in the Franklin County Mutual Aid Plan as now in force and as

amended from time to time and certifies to the Franklin County Mutual Aid Plan as now

as now in force and as amended from time to time and certifies to the Franklin County

Board of Legislators through its County Fire Coordinator that no restrictions exist against

“outside” service by such fire department within the meaning of section 209 of the

General Municipal Law, which would affect the power of such fire department to

participate in such plan.

CARRIED WITH ALL MEMBERS PRESENT VOTING IN FAVOR (4-0).

EXECUTIVE SESSION:

* AT 6:45 PM, ON THE MOTION OF COUNCILOR TAYLOR WITH A SECOND

THERETO BY COUNCILOR CAPLAN, TO ENTER INTO EXECUTIVE SESSION

FOR THE PURPOSE OF DISCUSSING A PERSONNEL ISSUE REGARDING A

SPECIFIC PERSON AND THE POSITION OF HEALTH OFFICER, AND ALSO FOR

DISCUSSING CONTRACT NEGOTIATIONS, WITH ALL BOARD MEMBERS,

TOWN CLERK AND BUDGET OFFICER TO BE IN ATTENDANCE. THE MOTION


AT 7:20PM, THE EXECUTIVE SESSION ENDED AND THE REGULAR

MEETING RESUMED WITH NO ACTION TAKEN.

02/28/2007

3

NEW BUSINESS:

HEALTH OFFICER –


COUNCILOR SULLIVAN,

BE IT RESOLVED: THAT THE MALONE TOWN BOARD DOES HEREBY

CREATE AN APPOINTED POSITION OF MALONE TOWN HEALTH OFFICER,

WITH THE TERM OF SAID POSITION TO BE FOUR YEARS. CARRIED WITH

ALL MEMBERS PRESENT VOTING IN FAVOR (4-0).


THERETO BY COUNCILOR TAYLOR TO APPOINT DR. GLEN CHAMPAGNE TO

THE POSITION OF HEALTH OFFICER FOR THE TOWN OF MALONE FOR A

TERM ENDING 11/20/2009. CARRIED WITH ALL MEMBERS PRESENT VOTING

IN FAVOR (4-0).

BILLS:


COUNCILOR CAPLAN THAT THE FOLLOWING BILLS, VOUCHERS

#166 -192 HAVING BEEN AUDITED, BE PAID:

GENERAL FUND - $ 2,999.41


TRUST & AGENCY – 22,342.81

AIRPORT CAPITAL PROJ. – 36,812.50

HIGHWAY DA - 120.00

HIGHWAY DB - 3,419.41

TOTAL: $ 65,856.09


ADJOURN:

* AT 7:28 PM, ON THE MOTION OF COUNCILOR SULLIVAN WITH A SECOND

THERETO BY COUNCILOR TAYLOR THERE BEING NO FURTHER BUSINESS

TO COME BEFORE THE BOARD, THAT IT DULY ADJOURN, WITH THE NEXT

REGULAR MEETING TO BE HELD ON WEDNESDAY, MARCH 14TH

2007

COMMENCING AT 6:00PM. CARRIED WITH ALL MEMBERS PRESENT

VOTING IN FAVOR (4-0).


________________________________


MARCH 12, 2007

1


WEDNESDAY MARCH 14TH



PRESENT: DEPUTY SUPERVISOR PAUL WALBRIDGE




ABSENT: SUPERVISOR MANEELY




DEPUTY SUPERVISOR WALBRIDGE CALLED THE MEETING TO ORDER AT

6:00 PM, WITH A PLEDGE TO THE FLAG.

Ken Carre, Malone Revitalization Committee – Had asked to address the Board

regarding the Local Waterfront Revitalization Plan (LWRP), but was not in attendance.

MINUTES & REPORTS:


COUNCILOR SULLIVAN TO WAIVE THE MINUTES OF THE SPECIAL MEETING

OF FEBRUARY 14TH

2007 (LACK OF QUORUM )AND ACCEPT THE MINUTES

OF THE REGULAR MEETING OF FEBRUARY 28TH

2007 AS PRESENTED AND

PLACE ON FILE. CARRIED WITH ALL MEMBERS PRESENT VOTING IN FAVOR

(4-0).


BY COUNCILOR CAPLAN TO ACCEPT THE FOLLOWING REPORTS FOR

FEBRUARY 2007 AS PRESENTED AND PLACE ON FILE: TOWN CLERK,

REGISTRAR, RECEIVER OF TAXES, SUPERVISOR, CODE OFFICER, DEPUTY

SUPERINTENDENT OF HIGHWAYS, AIRPORT MANAGER AND JUSTICE

COURT. CARRIED WITH ALL MEMBERS PRESENT VOTING IN FAVOR (4-0).

OLD BUSINESS:

Dog Control Agreement 2007 - The agreement with North Country Animal Control

Center/ DBA North Country Animal Shelter, for 2007 Dog Control Services, in the

Amount of $14,500, as budgeted, was presented by the Town Attorney on 1/10/07 for

review by the Board. This matter has been put on hold by the Board on 1/24/07, 2/15/07

and 2/28/07, pending the receipt of the certificate of insurance from the Shelter. The

certificate has not yet been provided. The matter remains on hold.

Plowing Issues – Deputy Supervisor Walbridge contacted vacationing Highway

Superintendent Livernois in regard to Malone-Dufort Airport plowing issues. The

Superintendent had directed Deputy Superintendent Shantie to not plow the airport if it

resulted in overtime. After a discussion with Deputy Supervisor Walbridge about safety

and legal concerns, the Superintendent agreed to allow the Airport to be plowed as

needed, as long as the men had adequate break time for food and sleep, and with the

Town reimbursing Highway funds, as always. When the Superintendent returns from

vacation, the Board and he will formulate a more permanent, formal agreement on this

problem.

2

03/14/2007

SUPERVISOR REPORTS:

WEST SIDE SEWER DISTRICT #1 -

*ON THE MOTION OF COUNCILOR SULLIVAN WITH A SECOND THERETO BY

COUNCILOR TAYLOR, TO ADOPT THE FOLLOWING

RESOLUTION #8 2007

Final Resolution and Order

Ratifying the Establishment of the Route 11 West

Sewer District #1

WHEREAS, a resolution on the motion of the Town Board, pursuant to Article 12-A of

the Town Law has been duly presented by the Town Board of the Town of Malone,

Franklin County, New York for a final order and resolution ratifying the resolution adopted

by the Town Board on February 28, 2007 that authorized the creation of ROUTE 11 WEST

SEWER DISTRICT #1; and

WHEREAS, a resolution on the motion of the Town board, pursuant to article 12-A of

the Town Law, was duly presented by the town Board of the Town of Malone, Franklin

county, New York, for the creation of the Route 11 West Sewer district #1 to provide

sewer service to properties located within such district, together with the necessary map

and plan attached thereto; and

WHEREAS, an Order was duly adopted by the Town Board of the Town of Malone on

December 13, 2006 reciting the filing of said Resolution, the district proposed, and the

boundaries of the Route 11 West Sewer District #1, and specifying the 10th

day of

January 2007 as the date, and the Town Hall of the Town of Malone as the place where

the said Board would meet and consider the proposed establishment of the Route 11 West

Sewer District #1 and hear all persons interested in the subject thereof concerning the

same; and

WHEREAS, a Hearing in the matter was duly held by the Town Board on the 10th

day of

January , 2007 commencing at 5:50PM in the Town Hall of the Town of Malone, and

discussion upon the matter having been had, and all persons desiring to be heard, having

been heard; and

WHEREAS, the Town Board has acted as lead agency for the purpose of conducting a

coordinated environmental review of the project, which constitutes an Unlisted action

under the New York State Environmental Quality Review Act (“SEQRA”), and

determined that the project will not result in the presence or creation of any adverse

environmental impacts; and

WHEREAS, all requirements of the State Environmental Quality Review Act were

complied with; and

WHEREAS, a Resolution, subject to permissive referendum, was duly adopted by the

town Board of the Town of Malone on the 24th

day of January, 2007, approving the

creation of the Route 11 West Sewer District #1; and

WHEREAS, a Notice of Permissive Referendum was duly published and posted

pursuant to section 90 of the Town Law of the State of New York; and

3

03/14/2007

WHEREAS, the Town Clerk of the Town of Malone has duly filed with the Franklin

County Clerk a Certificate of No Permissive Referendum certifying that no petition has

been filed with the Town Clerk of the Town of Malone protesting against such

Resolution or requesting that it be submitted to the qualified electors of the Town for

their approval or disapproval:

NOW, upon the evidence given at such Hearing and the previous action taken by the

town board it is

RESOLVED AND ORDERED, that the creation of the Route 11 West Sewer District

#1 to provide sewer service to properties within the district is hereby authorized; and it is

further

RESOLVED AND ORDERED, that the Route 11 West Sewer District #1 is bounded

and described as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the

Town of Malone, County of Franklin and State of New York

And being more specifically described as follows:

Insert legal description

4

3/14/2007

and it is further

RESOLVED AND ORDERED, that the cost of the creation of the district and the

construction of the sewer main and related improvements shall be borne by Wal-Mart,

Inc. pursuant to a mutually acceptable agreement between Wal-Mart , Inc. and the Town

of Malone and will not involve the expenditure of public funds or result in any debt to be

allocated among the owners of real property located within the district; and it is further

RESOLVED AND ORDERED, that each property owner within the district shall be

responsible for the cost associated with connecting to the sewer facilities; and it is further

RESOLVED AND ORDERED, that the annual cost of the district to the typical

property shall be calculated by the Village of Malone in accordance with its Sewer Rents;

and; and it is further

RESOLVED AND ORDERED, that the foregoing resolution authorizing the creation of

the route 11 west Sewer Disrtict#1, which was adopted on February 28, 2007, is hereby

ratified; and it is further

RESOLVED AND ORDERED, that the Town Clerk of the Town of Malone shall

within ten (10) days after the adoption of the Resolution and Order, cause a certified copy

of this Resolution to be recorded in the Office of the Clerk of the County of

Franklin and the State Department of Audit and Control.

CARRIED WITH ALL MEMBERS PRESENT VOTING IN FAVOR (4-0)

COMPREHENSIVE PLAN – Deputy Supervisor Walbridge reported that copies of the

Town of Malone Comprehensive Plan are available for review. The next Committee

meeting is scheduled for March 22nd

2007.

AFMC -

* On the motion of Councilor Sullivan with a second thereto by Councilor Taylor to

allow the Adirondack Farmers’ Market Co-Op use of the Town Pavilion on Wednesdays,

June 6 – Oct. 10th

2007 from 12 – 4:30 PM. Carried with all members present voting in

favor (4-0).


COUNCILORS CAPLAN AND SULLIVAN REPORTED THAT AN AGREEMENT

HAS BEEN REACHED ON THE HIGHWAY CONTRACT.

COUNCILOR TAYLOR REPORTED THAT AN ORGANIZATIONAL MEETING OF

THE COMMITTEE PLANNING THE “PET WALK” WILL BE HELD THIS

WEEKEND.

CORRESPONDENCE:

From Pat Sullivan, Malone resident: expressing concerns with the extended vacation of

an elected town official.

From Carl J. Madonna – on behalf of the Town of Brandon, notice of a public hearing for

3/19/07, for the proposed extension of a Wind Energy Moratorium Law for that

township.

5

03/14/2007

BILLS:


COUNCILOR CAPLAN THAT THE FOLLOWING BILLS, VOUCHERS # 195 - 260

HAVING BEEN AUDITED, BE PAID:

General Fund $ 10,772.89

Part Town General Fund $ 1,102.31

Highway Townwide $ 10,227.91

Highway Outside $ 8,893.37

Airport Capital Project $ 52,645.92

Trust & Agency $ 1,602.68

East Side Water $ 528.56 TOTAL: $85,773.64


BASKETBALL TEAMS- DEPUTY SUPERVISOR WALBRIDGE OFFERED

CONGRATULATIONS AND BEST WISHES TO THE LADY HUSKIES AND THE

CHATEAUGAY BULLDOGS BASKETBALL TEAMS IN THE QUARTER FINALS

TO BE HELD LATER THIS WEEK.

ADJOURN:




REGULAR MEETING TO BE HELD ON WEDNESDAY, MARCH 28TH

2007

COMMENCING AT 6:00PM. CARRIED WITH ALL MEMBERS PRESENT VOTING

IN FAVOR (4-0).


________________________________


-THE MOTION CARRIED AND THE RESOLUTION ADOPTED BY A

UNANIMOUS VOTE OF THOSE MEMBERS PRESENT: DEPUTY SUPERVISOR

PAUL WALBRIDGE – AYE; COUNCILOR LOUISE TAYLOR – AYE; COUNCILOR

JOHN SULLIVAN –AYE; COUNCILOR IRVING CAPLAN – AYE (4-0).

1


WEDNESDAY APRIL 25TH

2007, AT THE MALONE TOWN OFFICES, 27 AIRPORT

ROAD, MALONE, COMMENCING AT 6:00 PM.









ALVIN LIVERNOIS, HIGHWAY SUPERINTENDENT

NANCY LEGACY, MALONE GILES LEGACY, MALONE

MICHAEL HELLIJAS, MALONE MARK PRAIRIE, MALONE

KEN DISOTELLE, MALONE

SUPERVISOR MANEELY CALLED THE MEETING TO ORDER AT 6:00 PM.

MOMENT OF SILENCE: Supervisor Maneely called for a moment of silence in

remembrance of those who died in the Virginia Tech massacre; and also for State

Trooper Brinkerhoff who was killed in Duchess County, while in the line of duty.

MINUTES: for review & approval: * On the motion of Councilor Taylor with Councilor Sullivan to accept the minutes of

the regular meeting of April 11th

2007 as presented and place on file.

Carried with all members voting in favor (5-0).

OLD BUSINESS:

Dog Control Contract -

Councilor Caplan said he has left a message for DCO Morton with NCAS assistant,

Penny, but he has not yet received the certificate of insurance.. The Board has had under

consideration the decision to allow for the Supervisor to sign the agreement with North

Country Animal Control Center/DBA North Country Animal Shelter for 2007 Dog

Control Services, for $14,500.00 as budgeted. The issue has been put on hold 1/24, 2/15,

2/28, 3/14, 3/28 & 4/11 pending proof of insurance as required.

The decision is put on hold again tonight.

SAND & GRAVEL BIDS – BIDS FOR SAND, GRAVEL AND SURPLUS

VEHICLES AND MATERIAL WERE OPENED AT 9:00 AM THIS MORNING.

SUPERINTENDENT LIVERNOIS AND SUPERVISOR MANEELY HAVE

REVIEWED THE SAND AND GRAVEL BIDS, AND HAVE SPOKEN WITH TITUS

MT., INC. AND LEGTON, INC. TO COME TO A RECOMMENDATION.


THERETO BY COUNCILOR CAPLAN TO ACCEPT THE BID FROM TITUS MT.

INC. IN THE AMOUNT OF $1.15 PER YARD FOR 8,000 – 10,000 YARDS OF

GRAVEL, TO BE PROCESSED BY THE TOWN OF MALONE; AND TO ACCEPT

THE BID FROM LEGTON, INC. IN THE AMOUNT OF $1.49 PER YARD FOR

BANK RUN GRAVEL IN THE QUANTITY NEEDED FOR WORK ON THE

WEBSTER STREET PROJECT IN 2007.



THERETO BY COUNCILOR TAYLOR TO ACCEPT THE BID FROM TITUS MT.

INC. IN THE AMOUNT OF $1.00 PER YARD FOR 4,000 TO 6,000 YARDS OF

BANK RUN SAND, TO BE PROCESSED ON SITE BY THE TOWN.


SURPLUS VEHICLES & MATERIALS BIDS –


BY COUNCILOR SULLIVAN TO ACCEPT THE BID FROM FRANCIS HELM, JR.,

HELM SALVAGE & TRUCKING FOR SURPLUS LOT #1, 1979 MACK PLOW

2

04/25/2007

TRUCK IN THE AMOUNT OF $1,102.00.



BY DEPUTY SUPERVISOR WALBRIDGE TO ACCEPT THE BID FROM FRANCIS

HELM, JR., HELM SALVAGE & TRUCKING FOR LOT #2, 1986 CHEVY1/2 TON

PICK-UP TRUCK IN THE AMOUNT OF $150.00.



BY DEPUTY SUPERVISOR WALBRIDGE TO ACCEPT THE BID FROM FRANCIS

HELM, JR., HELM SALVAGE & TRUCKING FOR LOT #3, 1989 FORD ¾ TON

PICK-UP TRUCK IN THE AMOUNT OF $100.00.



BY COUNCILOR SULLIVAN TO ACCEPT THE BID FROM FRANCIS HELM, JR.,

HELM SALVAGE & TRUCKING FOR LOT #4, 1989 FORD 150 PICK-UP TRUCK

IN THE AMOUNT OF $150.00.



THERETO BY COUNCILOR TAYLOR TO ACCEPT THE BID FROM FRANCIS

HELM, JR., HELM SALVAGE & TRUCKING FOR LOT #5, METAL SCRAP PILE,

ASSORTED IN THE AMOUNT OF $975.00.


SUPERVISOR REPORTS:

TAXI LANE - SUPERVISOR MANEELY REPORTED ON THE RECEIPT FROM

C&S ENGINEERS OF CONTRACT DRAWINGS, SPECS AND COST ESTIMATES

FOR THE T-HANGAR TAXI LANE PROJECT. HE SAID THE COST ESTIMATE IS

TOO HIGH AND C & S WILL “GO BACK TO THE DRAWING BOARD”.

ADULT CENTER FUNDING –


DEPUTY SUPERVISOR WALBRIDGE TO SIGN INTO AGREEMENT WITH

MALONE ADULT CENTER AND WITH MALONE GOLDEN AGE CLUB FOR

FUNDING FOR 2007 AS BUDGETED.


ADDRESS TO BOARD:

STONE ROAD – MIKE HELLIJAS, MARK PRAIRIE AND KEN DISOTELLE

RESIDENTS OF STONE ROAD, MALONE, ADDRESSED THE BOARD WITH

CONCERNS ABOUT THE CONDITION OF THE ROAD. MR. HELLIJAS READ A

STATEMENT AND PRESENTED A PETITION SIGNED BY 11 RESIDENTS OF

THE ROAD ASKING FOR THEIR ROAD TO BE REBUILT AND PAVED.

SUPERVISOR MANEELY THANKED THE GENTLEMEN FOR THEIR

COMMENTS AND NOTED THAT THE ROAD PROJECTS FOR THIS YEAR ARE

IN PLACE. HE SAID STONE ROAD WILL BE SCHEDULED FOR WORK LATER.

SUPERINTENDENT OF HIGHWAYS REPORTS: SUPERINTENDENT

LIVERNOIS REPORTED SPRING PATCHING/ CLEAN-UP IS IN PROGRESS.

SEWER LINE ACCESS ROAD -

SUPERINTENDENT LIVERNOIS AND COUNCILORS SULLIVAN AND CAPLAN

WALKED THE SEWER LINE FROM THE IDA PARK TO SAWYER AVE.

INSPECTING THE HYDRANTS AND LAY OF THE LAND. SUPERINTENDENT

LIVERNOIS NOTED THAT THERE IS NO DOUBT AN ACCESS ROAD MUST BE

BUILT TO ALLOW FOR VILLAGE EQUIPMENT TO SERVICE OR REPAIR THE

3

04/25/2007

LINE. HE SAID THE PROJECT WILL REQUIRE CULVERTS, FILL AND

GRADING. HE WOULD LIKE TO USE A “STONE BOAT” TO DRAG EQUIPMENT

ACROSS THE MEADOW AREA, RATHER THAN BUILDING ROADWAY THERE.

HE ADDED THAT THE TOWN STONE BOAT IS NOT LONG ENOUGH TO

ACCOMMODATE THE FLUSHER AND WOULD HAVE TO BE MODIFIED.

SUPERVISOR MANEELY NOTED THAT THE ORIGINAL AGREEMENT, DRAWN

UP BETWEEN PREVIOUS TOWN AND VILLAGE BOARDS IN 1997, CALLED

FOR THE ROAD TO BE BUILT, AND THAT THE PROJECT IS NOW PRIORITY.

THE TOWN IS UNDER CONSENT ORDER, SUBJECT TO HEAVY DAILY FINES,

TO COMPLETE A SEWER PROJECT THAT PROPERLY ADDRESSES THE

HIGHWAY GARAGE ISSUES, AND THE VILLAGE WILL NOT ACCEPT

ADDITIONS TO THE SEWER AGREEMENT WITHOUT THIS ROAD BUILT. HE

SAID HE WILL ASK THE MAYOR ABOUT THE POSSIBILITY OF USING A

STONE BOAT FOR THE MEADOW. SUPERVISOR MANEELY HE SAID ALSO

MANY OF THE HYDRANTS ARE TOO LOW, ALLOWING GROUND WATER TO

ENTER THE SYSTEM. SUPERINTENDENT LIVERNOIS SAID THAT THIS ROAD

WORK WAS NOT PLANNED FOR THIS YEAR, AND IN ORDER TO GET IT

DONE, OTHER PROJECTS THAT WERE SCHEDULED MAY HAVE TO WAIT.


BY COUNCILOR SULLIVAN THAT THE TOWN 1) BEGIN WORK ON THE TOWN

SEWER LATERAL ACCESS ROAD, BEGINNING WITH THE 4TH

MANHOLE AND

THROUGH THE WOODS TOWARD SAWYER AVE., 2) TO ASK THE VILLAGE

TO ALLOW FOR THE USE OF A “STONE BOAT” TO PULL EQUIPMENT

THROUGH THE MEADOW RATHER THAN BUILDING ROAD THERE, AND

3) TO RESCHEDULE SOME OF THIS SEASON’S WORK UNTIL NEXT YEAR.



COUNCILOR CAPLAN SAID THAT HE TOOK THE SEWER LINE WALK WITH

SUPERINTENDENT LIVERNOIS AND COUNCILOR SULLIVAN.

COUNCILOR TAYLOR REPORTED “NO NEWS” FROM ANIMAL COMMITTEE.

DEPUTY SUPERVISOR WALBRIDGE COMPLIMENTED SUP’T. LIVERNOIS

FOR NEGOTIATIONS WITH TITUS MT. AND LEGTON RE: GRAVEL BIDS.

CORRESPONDENCE:

- FROM HITE, O’DONNELL &BEAUMONT, NOTICE OF ENTRY AND

ACQUISITION IN REGARD TO EMINENT DOMAIN PROCEEDINGS ON BEHALF

OF FRANKLIN COUNTY VS. WILLIAM & MARY WOODRUFF.

- FROM MICHELLE SHUMACHER, DIRECTOR YMCA REQUEST FOR

PERMISSION TO APPLY FOR A GRANT THROUGH THE HISTORIC

PRESERVATION FUND FOR NEW ROOF AND WINDOWS AT THE ARMORY.


COUNCILOR SULLIVAN THAT THE TOWN OF MALONE AUTHORIZE AND

SUPPORT A GRANT APPLICATION BY THE MALONE YMCA TO THE

HISTORIC PRESERVATION FUND, TO REPLACE THE ROOF AND WINDOWS

OF THE TOWN OWNED ARMORY BUILDING, PROVIDING THE PROJECT IS

APPROVED BY SHPO.


NEW BUSINESS:

TAG DAY –


DEPUTY SUPERVISOR WALBRIDGE TO AUTHORIZE A TAG-DAY, PER

REQUEST FROM LISA CORYEA, AT WAL-MART ON MAY 26th

and 27th

TO

4

04/25/2007

RAISE MONEY FOR THE FRANKLIN ACADEMY JUNIOR HUMANE SOCIETY’S

SPAY/NEUTER PROGRAM.


MOWING SERVICES –


COUNCILOR CAPLAN THAT THE TOWN ADVERTISE FOR MOWING SERVICES

IN THE MALONE TELEGRAM AS FOLLOWS:

The Town of Malone is requesting quotes for grass mowing and trimming services for

spring through fall 2007. Areas included are: 1)Lawns surrounding Town Office

Building; 2)Rt. 11 Roadside area, around Town sign; 3)Farmers’ Market area; 4) I.D.A

Park; Creighton Rd.; 5)Houndsville Rd. Cemetery and 6)Kimpton Cemetery, Co. Rt. 25.

Proposals for these services are to include equipment and fuel. Proof of insurance is

required. Sealed quotes will be accepted at the Office of the Town Clerk, 27 Airport

Road, Malone, New York during normal business hours until 1:00 PM, Wednesday, May

9th

2007, at which time they will be opened and read aloud. All quotes must be

accompanied by a Certificate of Non-collusion. The Malone Town Board reserves the

right to waive any informalities and /or to reject any and all quotes.


EXECUTIVE SESSION:

* AT 6:50 PM, ON THE MOTION OF SUPERVISOR MANEELY WITH A SECOND


EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING CONTRACT

NEGOTIATIONS WITH ALL BOARD MEMBERS TO BE IN ATTENDANCE.



RESUMED, WITH NO ACTION TAKEN.

BILLS:


THERETO BY COUNCILOR SULLIVAN THAT THE FOLLOWING BILLS,

VOUCHERS # 336-378 HAVING BEEN AUDITED, BE PAID:

DISCUSSION – A NATIONAL GRID BILL, FOR THE SNOW REMOVAL

EQUIPMENT BUILDING (SREB), WAS PULLED AS THE BUILDING HAS NOT

YET BEEN TURNED OVER TO THE TOWN. THE BILL WILL BE FORWARDED

TO C & S ENGINEERS.

GENERAL FUND - $ 22,379.79


TRUST & AGENCY – 1,910.63

AIRPORT CAPITAL PROJ. – 102,575.29

LANDFILL CAPITAL PROJ. - 3,750.00

HIGHWAY DA - 115.12

HIGHWAY DB - __ 4,608.64

TOTAL: $ 135,370.47


ADJOURN:

*ON THE MOTION OF COUNCILOR TAYLOR WITH A SECOND THERETO BY

COUNCILOR CAPLAN, THERE BEING NO FURTHER BUSINESS TO COME

BEFORE THE BOARD, THAT IT DULY ADJOURN, WITH THE NEXT REGULAR

MEETING TO BE HELD WEDNESDAY, MAY 9TH

2007, COMMENCING AT

6:00PM.

CARRIED WITH ALL MEMBERS VOTING IN FAVOR 9(-0).


________________________________


5

May 10th

2007

1


WEDNESDAY MAY 9TH











6:00 PM - CALL TO ORDER - PLEDGE TO THE FLAG SUPERVISOR MANEELY CALLED THE MEETING TO ORDER AT 6:00 PM.

MINUTES: for review & approval:

Approval of the minutes of the April 25, 2007 regular meeting was waived, as they

were not yet ready.

REPORTS: for review & approval:

* On the motion of Councilor Taylor with a second thereto by Councilor Sullivan, to

accept the following reports as presented and place on file: Justice Court – April – 2007,

Supervisor – 4/2007, Airport Manager – 4/07, Supt. of Highways – 4/07, Town

Clerk/Registrar – 4/07, Code Officer – 4/07, Receiver of Taxes – 4/07 and the 2007 Tax

Reconciliation report. Carried with all members voting in favor (5-0).

OLD BUSINESS:

Dog Control - Councilor Caplan said he has left a message for DCO Morton with

NCAS assistant, Penny, but he has not yet received the certificate of insurance. The

Board has had under consideration the decision to allow for the Supervisor to sign the

agreement with North Country Animal Control Center/DBA North Country Animal

Shelter for 2007 Dog Control Services, for $14,500.00 as budgeted. The issue has been

put on hold 1/24, 2/15, 2/28, 3/14, 3/28, 4/11 & 4/25 pending proof of insurance as

required. A decision is put on hold again tonight.

Mowing Services - Bids were opened at 1:00 pm today, 5/9/07 for the mowing of

town properties. One bid only was received – from Rick Yelle.

* On the motion of Supervisor Maneely, with a second thereto by Councilor Taylor

to accept the bid from Rick Yelle and contract with him town mowing services on Town

owned properties for the 2007 season in the amount of $3,000.00, with 5 payments of

$600.00 each, one payment in advance. Carried with all members voting in favor (5-0).

SUPERVISOR REPORTS: MIREP Racetrack - Frank Cositore, of UICC, a potential buyer of the former MIREP

Racetrack has inquired of the Town as to requirements to put the place back in business.

Attorney Anderson-Duffy has researched the issue and found that, since the MIREP

project was subject to SEQR and was originally approved, another SEQR is not required,

if the operation is to remain the same. Opening the track again would require a building

permit (for replacement of bleachers, etc.) and a Certificate of Occupancy. Neither of

these ministerial actions triggers a SEQR. Councilor Sullivan said he has heard rumors

that the track will be used for drag racing as well. Code Officer Crossman said a change

in operation may require a review, but for now nothing further is needed.

Malone Soccer Club - The Malone Soccer Club has requested topsoil & Highway crew

delivery of same. Supervisor Maneely said that the Highway Department is too busy with

other projects to offer assistance this year, but the Club may have the soil. Deputy

Supervisor Walbridge asked that a letter of explanation be sent to the club.

2

05/09/2007

Farmers Market – The Adirondack Farmers’ Market Co-Operative will use the Town

Pavilion on Wednesdays again this year, beginning June 6th

, with longer hours from

12:00 noon to 4:30 pm, and with a new manager, Vicki Lesniak.

Airport Snow Equipment Building –A final walk-through for the Airport Snow

equipment building is scheduled for 10:00 am, Friday, 5/11/07.

Route 11 West Sewer – * On the motion of Deputy Supervisor Walbridge with a second thereto by Councilor

Caplan that the Town accept and approve for signature the Notice to Proceed for Fiacco

& Riley Construction Co. for the Rt. 11 West Sewer Project. Carried with all members

voting in favor (5-0).

Supervisor Maneely noted that the Town and Village need to meet to create a new or

modified agreement regarding sewer issues. He also noted that the Consent Order

deadline, for installation of 2 oil/grease separators at the Highway garage is 5/15/2007.

He will call to ask for an extension of time.

The Supervisor reported that another back-up and overflow has occurred at one of the

manholes along the sewer line, behind the Highway garage. He has authorized overtime

for the highway crew to build a temporary access road, as the village flusher truck cannot

get to the problem area. Attorney Anderson-Duffy asked what type of sewage is causing

the trouble, noting that in Buffalo the sewer authority imposed pre-treatment regulations

and limits on type and volume of waste entering the system. She said the Village should

survey the users of the line to determine the cause. Supervisor Maneely said that last time

it was determined to be a large volume of paper towels.

Superintendent Livernois is anxious to start the access road work, and asked whether the

Village will allow the use of a “stone boat” in the meadow area. The answer from Mayor

Stewart is “no”, but he added that the whole road does not have to be built this year.

Supervisor Maneely spoke of the $50,000.00 grant, obtained for the Town of Malone by

Senator Little, toward the cost of a pump station to expand the service in the west end

sewer district. He said another $50,000.00 is needed to complete the project, and

suggested to the Board that the Town consider and research bonding for the remainder,

with the responsibility for repayment to be on the district users. Tim Burley will calculate

how much it would cost per user. The calculations can be done based on assessment or by

EDU’s. Either way would trigger a public hearing and permissive referendum. The

Board members agreed to pursue the idea of bonding.

Training Request –

* On the motion of Supervisor Maneely with a second thereto by Deputy Supervisor

Walbridge to give Assessment Assistant Coffey permission to attend a continuing

education for certified assessors course, which pertains to Advanced RPSV4 Report

Writing and Using the ORPS Internet Site in Utica, August 1-2, 2007 with all necessary

expenses to be paid by the Town. Carried with all members voting in favor (5-0).

BOARD MEMBER /COMMITTEE ITEMS: Councilor Caplan said he will continue trying to get in touch with Shirley Morton

regarding an insurance certificate, so that the Dog Control Agreement can be finalized.

The Councilor mentioned the ongoing dialogue with the Village regarding a “merger of

Justice Courts and Code Offices. Clerk Hafter said she has been in touch with the

Comptroller’s Office to set up a meeting with them on this topic.

CORRESPONDENCE: - From Governor Spitzer – pertaining to the creation of a Commission on Local

Government Efficiency and Competitiveness.

- From NYS - information on CHIPS funding, and the International Codes Forum

3

05/09/2007

- From Town Planning Board minutes from 2/5/07 and 3/5/07 for Board information

(rec’d on 5/8/07)

- From Hite, O’Donnell & Baumont, PC regarding the just compensation monies

deposited with the Supreme Court as part of the eminent domain proceedings – County of

Franklin vs:Sandra Debyah; vs Calvert Lamitie; vs Leila Perry Asselin

NEW BUSINESS: State DOH Survey - Town Clerk/Registrar Hafter reported that Jim O’Conner of the

NYS Dept. of Health has selected Malone as one of 20 participants state-wide for study

being conducted by independent consultants for the DOH, regarding Registrar

procedures. They will visit the offices on May 24th

2007.

EXECUTIVE SESSION:

* At 6:48 pm, on the motion of Supervisor Maneely with a second thereto by Deputy

supervisor Walbridge to enter into executive session for the purpose of discussing

contract negotiations, with all Board Members to be in attendance. Carried with all

members voting in favor (5-0). At 6:55 pm the executive session ended and the regular

meeting resumed.

* On the motion of Councilor Sullivan with a second thereto by Councilor Caplan to

accept the draft agreement between with the Town of Malone and CSEA Local 1000

AFSCME/AFL-CIO (Unit 6858-00 of Franklin County Local 817) for Highway

Department Employees; and to forward the same to the Bargaining Unit for their

approval. Discussion – supervisor Maneely thanked Councilors Sullivan and Caplan for

their work, but said they did not obtain any concessions from the Union.

Vote - Carried with the members voting as follows: Deputy Supervisor Walbridge – Aye;

Councilor Taylor – Aye; Councilor Caplan – Aye; Councilor Sullivan – Aye; Supervisor

Maneely – Nay (4-1).

BILLS FOR AUDIT & PAYMENT: * On the motion of Deputy Supervisor Walbridge with a second thereto by Councilor

Taylor that the following bills, having been audited, be paid: Vouchers #383-425 & 428

General Fund $ 6,588.30 (plus 392.61)

Part Town General Fund $ 145.83

Highway DA Fund $ 955.43

Highway DB Fund $19,320.62

East Side Water $ 343.07


Grand Total: $ 28,955.93 (plus 392.61)


ADJOURN: * On the motion of Deputy Supervisor Walbridge with a second thereto by Councilor

Taylor, there being no further business to come before the Board, that it duly adjourn,

with the next regular meeting to be Wednesday, May 23rd

2007 commencing at 6:00 pm.


Respectfully Submitted,

___________________________

Susan M. Hafter, Town Clerk

May 15th

2007

4

1


WEDNESDAY MAY 23, 2007 AT THE MALONE TOWN OFFICES, 27 AIRPORT






ABSENT: COUNCILOR LOUISE TAYLOR





JACK McCARTHY, MALONE DENISE RAYMO, PRESS-REPUBLICAN

SHELLEY LIVERNOIS, MALONE TELEGRAM

DANNY STONE, MALONE TELEGRAM

6:00 PM - CALL TO ORDER - PLEDGE TO THE FLAG SUPERVISOR MANEELY CALLED THE MEETING TO ORDER AT 6:00 PM.

MINUTES:


BY COUNCILOR SULLIVAN TO ACCEPT THE MINUTES OF THE REGULAR

MEETING OF APRIL 25TH

2007 AND THE REGULAR MEETING OF MAY 9TH

2007

AS PRESENTED AND PLACE ON FILE.


OLD BUSINESS:

DOG CONTROL – This issue was put on hold 1/24, 2/15, 2/28, 3/14, 3/28, 4/11, 4/25 & 5/9/07 pending

proof of insurance, as required. Supervisor Maneely received this today by fax.

* On the motion of Councilor Caplan with a second thereto by Councilor Sullivan to sign

into agreement with North Country Animal Control Center/DBA North Country Animal

Shelter for 2007 Dog Control Services at $14,500.00 as budgeted, with proof of insurance

naming the Town as other insured, having been provided.


SUPERVISOR REPORTS: Airport Snow Equipment Building - A “walk-through” of the new building was

conducted was held 5/11/07, with representatives of C&S Engineers, JT Erectors and the

Town. Code Officer Crossman has issued a Certificate of Occupancy. Formal acceptance

of the project is expected within the next week.

Mortgage Discharge –

* On the motion of Councilor Sullivan with a second thereto by Deputy Supervisor

Walbridge that the board authorize a discharge of mortgage (related to a town HUD

Project) for Jeffrey and Irene Collier, 50 Creighton Road.


West Side Sewer Line – A Pre-Construction meeting was held at 10:00am this

morning at the Town Offices, regarding the Route 11 West Sewer Line. In attendance

were representatives from the NYSDOT and Fiacco & Riley Construction, Tim Burley of

Burley and Guminiak Engineers, Superintendent of Highways Livernois, Supervisor

Maneely, Councilor Caplan, Budget Officer Stewart and Clerk Hafter. The project is

ready to go and is expected to be completed before the 120 day allowance. Fiacco &

Riley will provide an estimate for the gas/oil separator work required at the Town

Highway Garage.

2

05/23/2007

* On the motion of Deputy Supervisor Walbridge with a second thereto by Councilor

Caplan to authorize Supervisor Maneely to negotiate with the Village of Malone for the

tap on off the Town highway garage to the sewer system.


JACK McCARTHY OF RT. 11 MALONE ASKED ABOUT THE RECENT SEWER

LINE PROBLEMS. SUPERVISOR MANEELY EXPLAINED THAT THERE HAVE

BEEN A COUPLE OF BACK-UPS THAT NEEDED CLEARING. ALL USERS OF

THE SYSTEM HAVE BEEN CAUTIONED ABUT THE TYPE AND AMOUNT OF

DEBRIS PUT INTO THE SYSTEM. ONE OF THE CLOGS WAS DETERMINED TO

BE PAPER TOWELS, WHILE THE OTHER IS THOUGHT TO BE CONSTRUCTION

DEBRIS, AS THE LINE WAS OPEN FOR A TIME. MR. McCARTHY ASKED

ABOUT POSSIBLE BACK-UP INTO HOMES. THE SUPERVISOR TOLD HIM

THERE ARE CHECK VALVES THAT CAN BE INSTALLED BY THE RESIDENTS,

TO PREVENT THAT PROBLEM. MR. McCARTHY ASKED IF THERE IS GOING

TO BE A SEWER DISTRICT CHARGE TO THE RESIDENTS AS FOR THE WATER

DISTRICT. THE SUPERVISOR SAID THIS IS YET TO BE DETERMINED, AS THE

TOWN HAS TO FUND ABOUT $50,000.00 TOWARD THE PUMP STATION.

SUPERINTENDENT OF HIGHWAYS REPORTS: - SUPERINTENDENT LIVERNOIS REPORTED THAT WORK ON THE REC PARK

SOCCER/SOFTBALL FIELD IS COMPLETE. HE ASKED THAT A LETTER OF

THANKS BE SENT TO PETE POUPORE FOR HIS ASSISTANCE IN HARROWING

THE FIELD. - THE HIGHWAY CREW HAS BEEN CLEANING DITCHES. - SEWER

ACCESS ROAD WORK BEGAN YESTERDAY. THE SUPERINTENDENT SAYS IT

WILL BE “A LONG ROW TO HOE”. HE IS USING GRAVEL FROM THE PARK

STREET PIT AND WHATEVER OTHER MATERIALS HE CAN ACQUIRE

WITHOUT EXCESSIVE COST. - THE SUPERVISOR IS ALSO MOVING INTO THE

TITUS MT. PIT TO CRUSH GRAVEL FOR ROAD PROJECTS.

BOARD MEMBER /COMMITTEE ITEMS: COUNCILOR CAPLAN REPORTED THE DOG CONTROL CONTRACT IS

COMPLETED. HE ALSO MENTIONED THAT VILLAGE AND TOWN

REPRESENTATIVES WILL BE MEETING SOON REGARDING JUSTICE COURTS.

DEPUTY SUPERVISOR WALBRIDGE SAID THE MALONE SOCCER CLUB IS

READY TO BEGIN WORK ON THE NEW FIELDS. HE ASKED WHERE THEY

MAY PICK UP SOIL AND HOW MUCH THEY MAY TAKE FROM THE HIGHWAY

DEPARTMENT.

JACK McCARTHY SAID THE FIELDS IN QUESTION HAVE BEEN TILED FOR

DRAINAGE BY THE POUPORE FARM. THE SOCCER CLUB COULD DO

DAMAGE TO THE SYSTEM IF THEY DIG TOO DEEPLY. DEPUTY SUPERVISOR

WALBRIDGE WILL TELL THE CLUB TO CHECK WITH PETE POUPORE

BEFORE BEGINNING.

CORRESPONDENCE: - From NYS Real Property Services – Tentative Equalization rate of 89.14%

- From Time Warner Cable – draft franchise renewal agreement for a ten year period.

Supervisor Maneely suggested the Town continue to partner with the Village on the

Time-Warner franchise issue. He noted that despite lengthy negotiations, nothing

changed one way or another for lack of an agreement.

NEW BUSINESS: Training Request - Assessor Cashman submitted a request to attend a training course,

providing certification credit, on the subject of Waterfront Properties, to be given by the

NYS Assessors Association in Lake Placid, , June 1st 2007.

SUPERVISOR MANEELY TABLED THE REQUEST.

3

05/23/2007

BILLS FOR AUDIT & PAYMENT: * ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE WITH A SECOND


VOUCHERS # 430-453, HAVING BEEN AUDITED, BE PAID




Chips $ 1,413.82

Trust & Agency $22,756.74

Grand Total: $ 39,231.19


SUMMER SCHEDULE – *ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE, WITH A SECOND

THERETO BY COUNCILOR SULLIVAN THAT THE TOWN BOARD ALTER THE

REGULAR MEETING SCHEDULE FOR SUMMER 2007, CONDUCTING ONE

MEETING PER MONTH AS FOLLOWS: WEDNESDAY, JUNE 13TH

;

WEDNESDAY, JULY 18TH

AND WEDNESDAY, AUGUST 15TH

, WITH ALL

MEETINGS TO BEGIN AT 6:00PM, AND WITH THE OPTION OF CALLING FOR

SPECIAL MEETING(S) IF NEEDED.


ADJOURN: * AT 6:24PM, ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE,

WITH A SECOND THERETO BY COUNCILOR CAPLAN, THERE BEING NO


ADJOURN. The next regular Town Board meeting date June 13th

6:00 PM


_______________________________


May 24th

2007

1


WEDNESDAY June 13th











DENISE RAYMO, PRESS-REPUBLICAN DANNY STONE, MALONE TELEGRAM

CALL TO ORDER - PLEDGE TO THE FLAG SUPERVISOR MANEELY CALLED THE MEETING TO ORDER AT 6:00 PM.

MINUTES:


THERETO BY COUNCILOR CAPLAN TO ACCEPT THE MINUTES OF THE

REGULAR MEETING OF May 23, 2007 AS PRESENTED AND PLACE ON FILE.


REPORTS:



REPORTS AS PRESENTED AND PLACE ON FILE:

Supervisor – 5/2007

Town Clerk/Registrar – 5/2007 Supt. of Highways – 5/2007

Airport Manager – 5/07 Code Officer – 5/07


OLD BUSINESS: Tabled request (from 5/23/07 by Supervisor Maneely) –

RE: request from Wayne Cashman for permission to attend 6/1/07 Assessor training

on Waterfront Properties by the NYS Assessors Assoc. held in Lake Placid.

* ON THE MOTION OF COUNCILOR CAPLAN TO REIMBURSE ASSESSOR

CASHMAN FOR COST OF TRAVEL FOR ATTENDANCE AT THE TRAINING ON

WATERFRONT PROPERTIES HELD IN LAKE PLACID ON JUNE 1ST

2007.

DISCUSSION – SUPERVISOR MANEELY WANTS TO WAIT FOR PROOF OF

THE ASSESSOR’S ATTENDANCE AT TRAINING BEFORE DECIDING WHETHER

TO PAY MILEAGE, AS THE ASSESSOR HAS DECEIVED THE BOARD

PREVIOUSLY IN REGARD TO TRAINING.

THERE WAS NO SECOND TO THE MOTION. THE BOARD AGREED TO WAIT

FOR A CERTIFICATE OF ATTENDANCE.

SUPERVISOR REPORTS: FLAG DAY - SUPERVISOR MANEELY SAID ALL ARE ENCOURAGED TO

ATTEND Malone Lodge of Elks Flag Day Ceremonies ON 6/14/07 @ 4PM.

CHAMBER OF COMMERCE –


COUNCILOR TAYLOR RO AUTHORIZE THE SUPERVISOR TO SIGN INTO

AGREEMENT WITH THE Malone Chamber of Commerce for Publicity Funding

FOR 2007, IN THE AMOUNT OF $6,000.00 AS BUDGETED.

CARRIED WITH ALL MEMBERS VOTING IN FAVOR (5-0)

2

06/13/2007

SUPERINTENDENT OF HIGHWAYS REPORTS: SUPERVISOR MANEELY REPORTED THAT HE AND THE SUPERINTENDENT

DROVE THE SEWER ACCESS ROAD FROM THE HIGHWAY GARAGE TO

SAWYER AVE. SUPERVISOR MANEELY COMMENDED SUPERINTENDENT

LIVERNOIS ON A JOB WELL DONE. ALL SEWER CLEAN-OUTS ARE NOW

ACCESSIBLE BY TRUCK, BUT THE SUPERINTENDENT SAID THERE ARE

FINISHING TOUCHES TO BE DONE.

BOARD MEMBER /COMMITTEE ITEMS: REVALUATION -

COUNCILOR CAPLAN RECOMMENDED THE TOWN GO FORWARD WITH

PLANS FOR A TOWN WIDE ASSESSMENT REVALUATION FOR 2009 AS

PROPOSED BY ASSESSOR CASHMAN. HE SAID THAT WAITING TOO LONG

BETWEEN REVALS RESULTS IN GREATER ADJUSTMENTS AND INEQUITY OF

ASSESSMENT. HE NOTED THAT AN EARLIER MALONE REVAL, WHICH WAS

CONDUCTED 13 YEARS AFTER THE ONE PRIOR, RESULTED IN 23 DAYS OF

GRIEVANCE HEARINGS.

SUPERVISOR MANEELY DIFFERED WITH THE COUNCILOR SAYING THAT

AFTER THE MOST RECENT REVALUATION THE TOWN RECEIVED ONLY A

PARTIAL YEAR OF AID AS A RESULT. HE SAID THE COST TO THE TOWN

DOES NOT JUSTIFY DOING ANOTHER REVAL, AND SUGGESTED THAT

COUNTY, SCHOOL AND VILLAGE GOVERNMENTS SHOULD SHARE IN THE

COST OF THE PROCESS.

COUNCILOR SULLIVAN SAID THAT TWO YEARS AFTER THE LAST

REVALUATION THE TOWN TENTATIVE EQUALIZATION RATE IS BACK

DOWN TO 89.14%. HE ADDED THAT ACCORDING TO A LISTING PROVIDED

TO HIM BY THE ASSESSOR, OTHER TOWNS ARE EXPERIENCING THE SAME

TROUBLE. THE SUPERVISOR AND DEPUTY SUPERVISOR SAID THEY HAD

NOT RECEIVED THAT INFORMATION.

DEPUTY SUPERVISOR WALBRIDGE, NOTING THAT THE ASSESSOR’S

PROPOSAL CALLS FOR THE COST OF A CONSULTANT, RECOMMENDED THE

TOWN BOARD DO A COST COMPARISON BETWEEN THE ASSESSOR’S

OFFICE AND AN OUTSIDE CONSULTANT PERFORMING THE ENTIRE

REVALUATION.

COMPREHENSIVE PLAN -

COUNCILOR CAPLAN REPORTED THAT DR. LAMB HAS THE

COMPREHENSIVE PLAN 95% COMPLETE AND. DR. LAMB HE WILL BE HERE

TO PRESENT IT AT A PUBLIC FORUM ON 07/09/2007.


COUNCILOR SULLIVAN THAT THE TOWN PAY DR. LAMB $6,500.00 (OF THE

REMAINING $7,000.00 ON THE CONTRACT) FOR WORK TO DATE ON THE

TOWN OF MALONE COMPREHENSIVE PLAN, AS HE HAS REQUESTED.

DISCUSSION – SUPERVISOR MANEELY RECOMMENDED THAT THE BOARD

WAIT UNTIL AFTER THE PUBLIC FORUM TO PAY THAT MUCH TOWARD THE

CONTRACT, BUT SUGGESTED A $5,000.00 PAYMENT BE MADE NOW.

COUNCILOR CAPLAN AMENDED HIS MOTION AND COUNCILOR SULLIVAN

HIS SECOND TO A MAKE PAYMENT OF $5,000.00 TO DR. LAMB.

CARRIED, AS AMENDED, WITH ALL MEMBERS VOTING IN FAVOR (5-0).

CORRESPONDENCE: - FROM NYSDOT Response to the River Road speed zone request, creating two

separate zones, along with recommendations for signage, and guard rails.

3

06/13/2007

- FROM NYSDEC – Petroleum Bulk Storage Tank transfer application (to transfer the

tanks from the NYS Armory to the Town of Malone/YMCA; $100 fee required)

THE BOARD MEMBERS AGREED THE TOWN WOULD DO PAPERWORK FOR

THE TRANSFER, BUT REQUIRE THE YMCA TO PAY THE ANNUAL FEE.

- FROM Assessor Cashman - request for Board consideration of a Town-wide

revaluation project for assessment roll year 2009.

EXECUTIVE SESSION:

* AT 6:15 PM ON THE MOTION OF SUPERVISOR MANEELY WITH A SECOND

THERETO BY COUNCILOR SULLIVAN TO ENTER INTO EXECUTIVE SESSION

FOR THE PURPOSE OF DISCUSSING CSEA CONTRACT NEGOTIATIONS WITH

ALL BOARD MEMBERS TO BE IN ATTENDANCE.


AT 6:30 PM THE EXECUTIVE SESSION ENDED AND THE REGULAR MEETING

RESUMED, WITH NO ACTION TAKEN.

SUPERVISOR NOTES: - THE SUPERVISOR HAS NOT YET RECEIVED A COST QUOTE FROM FIACCO

& RILEY, AS REQUESTED, FOR AN OIL WATER SEPARATOR NEEDED AT THE

HIGHWAY GARAGE. HE SAID TIM BURLY WILL CONTACT THEM DIRECTLY

FOR THE QUOTE.

- A DERELICT HOUSE ON RT. 11 WEST, OWNED BY WILLIAM McCLAIN HAS

BEEN DEMOLISHED. NEIGHBOR JOHN MCCARTHY HAD BEEN ASKING FOR

THIS EYESORE TO BE REMOVED FOR MANY YEARS.

BILLS FOR AUDIT & PAYMENT: *ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE WITH A SECOND

THERETO BY COUNCILOR TAYLOR, THAT THE FOLLOWING BILLS, Vouchers

#460 – 519 HAVING BEEN AUDITED, BE PAID:


Part Town General Fund 3,805.00

Highway DB Fund 30,257.26

West Side Water 6,459.00

East Side Water 6,655.78

Landfill Capital Project 10,765.00

Chips 618.51

Trust & Agency 24,010.50

Grand Total: $110,369.40


ADJOURN:


THERETO BY COUNCILOR TAYLOR, THERE BEING NO FURTHER BUSINESS


REGULAR MEETING TO BE HELD ON WEDNESDAY, JULY 18TH

2007

COMMENCING AT 6:00PM.



_______________________________


JUNE 15TH

2007

4

1

A REGULAR MEETING OF THE MALONE TOWN BOARD WAS HELD ON WEDNESDAY,

JULY 18, 2007, AT THE MALONE TOWN OFFICES, 27 AIRPORT ROAD, MALONE,

COMMENCING AT 6:00 PM.










MARK BESIO, HIGHWAY CLERK. COMMISSION MALONE

PAT MAGUIRE, SID SPEAR, AGENCY GORDIE HALLEY, MALONE

CAROL PERRY, MALONE JESSICA PERRY, MALONE

MALCOLM MINER, MALONE JACK McCARTHY, MALONE

SHARON DISOTELLE, MALONE DONNA BRUNELLE, MALONE

ElAINE LESTER, MALONE FRAN NELIGAN, MALONE

COLLINS FAMILY, MALONE MICHAEL J. FISH, MALONE

CRYSTAL PERRY, MALONE MARY ARMSTRONG, MALONE

BRUCE BOGETT, MALONE BONNIE BOGETT, MALONE

COREY MANEELY, MALONE DANIEL MANEELY, MALONE

MARIA TIRONE, MALONE CARLA GERBER, MALONE

TERRY COLLINS, MALONE DENISE RAYMO, PRESS-REPUBLICAN

LESLEY PAYNE, MALONE DARCY FARGO, MALONE TELEGRAM

6:00 PM - CALL TO ORDER - PLEDGE TO THE FLAG SUPERVISOR MANEELY OPENED THE MEETING AND ADVISED THE AUDIENCE OF

RULES OF ORDER FOR ADDRESSING THE BOARD.

ADDRESS TO BOARD:

INSURANCE - Pat Maguire, Sid Spear Agency addressed the Board regarding the Town of

Malone Insurance policies for the period 8/1/2007 – 7/31/2008. He said the most economical

choice this year for the Town is Trident Insurance. Although the Town has increased coverage in

some areas and added a new building, the premium has gone down, with the total cost for the year

to be $47,663.37. He noted that the pavilion is covered at $75,000.00, but with this year’s

improvements the amount can be “bumped up”.


THERETO BY COUNCILOR SULLIVAN TO ACCEPT THE INSURANCE QUOTE FROM

TRIDENT INS. , AS PRESENTED BY PAT MAGUIRE, FOR TOWN OF MALONE

COVERAGE FOR THE YEAR AUGUST 1ST

2007 TO JULY 31ST

2008.


RIVER ROAD - Elaine Lester, Malone resident, addressed the Board regarding River Road

safety issues. She spoke for a group of concerned residents of the south end of River Road, many

of whom were present. She thanked the Board for having Speed Zones established on River Road,

but says there are still problems. She asked that the Town request increased State Police coverage

of the road, noting that drivers are not obeying the speed limit or the stop sign at Thomas Hill

Road. She said her major concerns are for children playing in the neighborhood and walkers,

joggers and bicyclists. Sharon Disotelle, who owns property on River Road, commented on the

disproportionate number of accidents (10 in 9 years) on a stretch of River Road. She said vehicles

have flown off the road into trees, structures and ditches on her property. She would like to see a

T-stop constructed at the juncture of Thomas Hill and River Roads, forcing drivers to slow to a

stop or go straight into a field. Daniel Maneely, whose house is at the corner of River and

Teboville Roads said that visibility to the left at that stop sign is not good, as there is a “dip” to the

bridge. Terry Collins added his concern for children, walkers and runners, and remarked that

speed bumps might be an answer. Supervisor Maneely said the Town does not have its own

police force but he will ask the State Troopers to patrol the area more frequently. He will also

contact the Franklin County Safety Board for their assistance and for use of the speed trailer

(SCAT).

2

07/18/2007

STOP SIGN REQUEST - In a closely related issue, Carol Perry of Malone, who lost her

husband in a fatal accident at the River Road /Thomas Hill juncture, addressed the Board. She had

submitted a letter, received June 20th

2007, requesting a stop sign on River Road, instead of

Thomas Hill Road, where they meet. She said her concerns are the same as the other people who

spoke.. Highway Clerk Besio said that a State study showed the average speed on river Road to be

66mph. Supervisor Maneely said he will likely request a three-way stop. He mentioned how well

the stop signs at the Brand Rd./Bare Hill Rd. have worked to reduce speed on those roads. He said

requests for speed zones and road changes will go through the Franklin County Highway

Superintendent and then to the NYS DOT for approval .He thanked all who came to speak.

JOINT REC. - Malcolm Miner and Gordie Halley updated the Board regarding Malone

Recreation Park matters. They noted that the Commission meets the 2nd

Tuesday of each month.

They thanked the Town Board and Highway department for the work on the ball field. Some new

playground equipment has been installed, with more scheduled for next year, and the wooden

structure is to be stained. They presented plans done by Mike Reynolds of Beardsly Design, for

refurbishing and adding on to the Kelly Pavilion. The Commission will try to raise funds for this

major project, but asks for approval to use unexpended fund balance to make up the difference if

they fall short. Mr. Halley said that last month the Rec Park saw more than 10,000 registered

visitors, playing sports, swimming and using pavilions: this figure not including unannounced

visitors. The Park offers swim lessons and lifeguard training and serves 100 free lunches per day.

There was discussion about the possibility of putting a pool at the Park. Mr. Miner said the

Commission could not afford to support it even if it were built for free. Lesley Payne of Malone

suggested charging for use of the pool, as other communities do. The Commission is looking for

funding to dredge the pond. Commission member Bess Hanna is to work on a series of articles for

the newspaper, highlighting Rec Park activities and encouraging donations. The Supervisor

thanked Mr. Halley and Mr. Miner for their presentation.

* On the motion of Deputy Supervisor Walbridge with a second thereto by Councilor Taylor that

the Town Board supports the renovation and addition to the Kelly Pavilion and authorizes the

commission to utilize unexpended fund balance to cover any shortfall after fundraising proceeds

are used.


WEBSTER STREET ROAD – Carla Gerber an owner of land on Webster Street Road addressed

the board with concerns about the rough conditions on that road. She said it is suitable for “horse

and buggy”, but not for cars. She has spoken to the board about this before and the board at that

time told her the road would become a priority, but little has been done. She appealed for

immediate action and presented a petition signed by neighboring property owners. Supervisor

Maneely explained that the project was scheduled to begin this spring, but the Town has been

confronted with some unexpected and immediate concerns, including the sewer access road, River

Road safety issues and some powerful storms. He advised Mrs. Gerber that the work would be

done as soon as the Superintendent can.

MINUTES:


COUNCILOR SULLIVAN TO ACCEPT THE MINUTES OF THE REGULAR MEETING OF

June 13, 2007 WITH THE FOLLOWING CORRECTION: (Page #1, under OLD BUSINESS –

Re: Motion to reimburse Assessor Cashman for travel expenses for attendance at a June1st 2007

training held in Lake Placid Assessors, the text should read “ON THE MOTION OF

COUNCILOR CAPLAN WITH A SECOND THERETO BY COUNCILOR SULLIVAN . . . ” ,

and “NO ACTION WAS TAKEN” to replace “THERE WAS NO SECOND TO THE

MOTION”.) AND OTHERWISE AS PRESENTED AND PLACE ON FILE.


REPORTS:


COUNCILOR SULLIVAN TO ACCEPT THE FOLLOWING REPORTS FOR JUNE 2007 AS

PRESENTED AND PLACE ON FILE: Supervisor, Town Clerk, Registrar, Supt. of

Highways, Airport Manager, Code Officer, Justice Court.


3

07/18/2007

OLD BUSINESS:

Tabled Item /Training Request (from 5/23/07) - A request from Wayne Cashman for

permission to attend 6/1/07 Assessor training on Waterfront Properties by the NYS Assessors

Assoc. held in Lake Placid with expenses t be paid by Town.


COUNCILOR SULLIVAN THAT THE BOARD REIMBURSE ASSESSOR CASHMAN FOR

MILEAGE EXPENSES RELATED TO HIS DOCUMENTED ATTENDANCE AT TRAINING

IN LAKE PLACID ON JUNE 1ST 2007.

CARRIED WITH THE MEMBERS VOTING AS FOLLOWS: COUNCILOR CAPLAN –

AYE; COUNCILOR SULLIVAN – AYE; COUNCILOR TAYLOR – AYE; DEPUTY

SUPERVISOR WALBRIDGE – AYE; SUPERVISOR MANEELY – ABSTAIN (4 -0-1).

Revaluation 2009 - Assessor request for Board consideration of a Town-wide revaluation

project for assessment roll year 2009. SUPERVISOR MANEELY SAID THE SUBJECT OF

REVALUATION WILL BE DISCUSSED AT BUDGET TIME.

West Side Sewer Issues -

PUMP STATION - JACK McCARTHY OF RT. 11 WEST, SHARED HIS CONCERNS

ABOUT THE SEWER PUMP STATION PROJECT. HE SAID SOME NEIGHBORING

PROPERTIES HAVE HAD PROBLEMS WITH THEIR SEPTIC SYSTEMS BECAUSE OF

THE NEW CONSTRUCTION. SUPERVISOR MANEELY SAID THAT THERE SHOULD BE

NO CONCERN FOR MR. McCARTHY AS HIS PROPERTY IS IN THE GRAVITY FEED

AREA, AND NOT DEPENDENT ON THE PUMP STATION (TO BE COMPLETED AT A

LATER DATE). THE SUPERVISOR EXPECTS TO HAVE A NEW AGREEMENT WITH THE

VILLAGE WITHIN THE NEXT MONTH. MR. McCARTHY SHOULD BE HOOKED ONTO

THE SYSTEM AFTER THAT. FIACCO AND RILEY HAVE COMPLETED THEIR WORK ON

THE SEWER LINE TOWARD MEEHAN RD. SUPERVISOR MANEELY REPORTED THAT

THE TOTAL COST OF THE PLANNED SEWER PUMP STATION PROJECT, INCLUDING

“COMMUNICATION” WITH THE PUMP THE IDA PARK, IS TO BE ABOUT $185,000.00.

THE TOWN HAS BEEN AWARDED A $50,000.00 GRANT BY SENATOR LITTLE’S

OFFICE TOWARD.


COUNCILOR TAYLOR TO AUTHORIZE A CHANGE ORDER TO ALLOT $31,000.00 OF

$50,000.00 GRANT MONEY (ALLOCATED TO THE SEWER PUMP STATION PROJECT)

TO BE EXPENDED NOW ON INSTALLATION OF THE PRE-CAST BASE FOR THE

STATION, THEREBY SAVING ON FUTURE MOBILIZATION COSTS.


HIGHWAY GARAGE –


THERETO BY COUNCILOR TAYLOR TO AUTHORIZE THE EXPENDITURE OF

$15,000.00 T0 $18,000.00 FOR THE INSTALLATION OF AN OIL/WATER SEPARATOR,

WITH TWO 3,000 GALLON TANKS, AT THE TOWN HIGHWAY GARAGE, AS ORDERED

BY THE NYS DOT, AS WELL AS A LATERAL FROM THE GARAGE TO THE SEWER

LINE.


SUPERVISOR MANEELY SAID HE WILL ARRANGE FOR A MEETING WITH THE

VILLAGE IN REGARD TO A SEWER AGREEMENT, NOTING THAT THE AGREEMENT

WILL INCLUDE SEWER HOOK UP TO THE PAVILION BATHROOMS CURRENTLY

UNDER CONSTRUCTION. ATTORNEY ANDERSON DUFFY ASKED IF THE

AGREEMENT IS TO BE HANDLED BY WAL-MART’S ATTORNEY AND AT THEIR COST.

SUPERVISOR MANEELY ANSWERED THAT THE WAL-MART ESCROW “WELL IS

RUNNING DRY”, AND THAT THEY LIKELY WON’T BE DOING THE LEGAL WORK FOR

THE AGREEMENT.

4

07/18/2007

Invitation – SUPERVISOR MANEELY HAS RECEIVED AN INVITATION FOR MEMBERS

OF THE BOARD TO PARTICIPATE IN THE 10TH

ANNUAL BURLEY-GUMINIAK/CLIENT

GOLF TOURNAMENT TO BE HELD ON AUGUST 3RD

2007.

SUPERVISOR REPORTS:

Draft Comprehensive Plan and Zoning - A PUBLIC MEETING WAS HELD

REGARDING THE COMPREHENSIVE PLAN AND ZONING ON JULY 9TH

2007.

A SECOND PUBLIC MEETING WILL BE HELD ON AUGUST 16TH

2007 AT 7:00PM.

State of Emergency - THE SUPERVISOR REPORTED THAT HE WAS CALLED AWAY

FROM THE MEETING DUE TO A MAJOR RAIN STORM WHICH CAUSED FLOODING

AND WASH-OUT CONDITIONS. SUPERVISOR MANEELY DECLARED A STATE OF

EMERGENCY FOR THE KIMPTON AND BULL RUN ROADS AREA, IN THE TOWN OF

MALONE, FROM 8:00 PM to 8:00 AM JULY 9TH

/ 10TH

2007. HE THANKED FRANKLIN

COUNTY EMERGENCY SERVICES AND MALONE CALL FIREMEN FOR THEIR ACTION

DURING THE EMERGENCY. DENISE RAYMO OF THE PLATTSBURGH PRESS-

REPUBLICAN ASKED THE TOWN’S PROCEDURE FOR NOTIFYING LOCAL MEDIA OF

A DECLARATION OF A STATE OF EMERGENCY, NOTING THAT THE MEDIA CAN BE

IMPORTANT IN GETTING INFORMATION TO PEOPLE IN NEED. HE RESPONDED

THAT FRANKLIN COUNTY EMERGENCY SERVICES TAKES CHARGE, BUT IN THE

FUTURE NEWSPAPERS WILL BE NOTIFIED OF SUCH SITUATIONS.

NYS Department of State Training – A training session will be conducted Sept 13th

and

27th

2007 in Plattsburgh, for Town officials, regarding the powers and duties of planning boards

and zoning boards of appeals and the importance of board procedures for both Planning and

Zoning Boards.

SUPERINTENDENT OF HIGHWAYS REPORTS:

Sewer Access Road - SUPERINTENDENT LIVERNOIS REPORTED THAT THE SEWER

ACCESS ROAD HAS BEEN COMPLETED AT A COST OF “ABOUT” $68, 492.45. MAYOR

STEWART HAS INSPECTED AND APPROVED THE ROAD, AND IS TO SEND A LETTER

OF APPROVAL.

Pavilion - THE HIGHWAY SUPERINTENDENT HAS ASSIGNED TWO MEN TO WORK

ON THE BATHROOM ADDITION TO THE TOWN PAVILION.

Roads – THE HIGHWAY CREW HAS PICKED UP MORE DEAD DEER FROM THE SIDE

OF THE ROAD THAN IN MOST YEARS. ALSO, RECENTLY THERE HAVE BEEN

NUMEROUS HEAVY RAIN STORMS CAUSING WASH OUTS AND FLOODING.

River Road – THE NYS DOT RECENTLY APPROVED NEW SPEED ZONES FOR RIVER

ROAD. HIGHWAY CREWS HAVE ERECTED SIGNAGE AND ARE WORKING ON GUARD

RAILS AS RECOMMENDED BY THE DOT.

BOARD MEMBER /COMMITTEE ITEMS:

Councilor Caplan HAS SPOKEN WITH DR. LAMB ABOUT CHANGING THE ZONING

OF BARE HILL ROAD. HE SUGGESTED THE TOWN CREATE CG1 (COMMERCIAL

GENERAL) AND CG2 DESIGNATIONS. THIS WOULD GIVE THE TOWN MORE ZONING

FLEXIBILITY OVERALL. BARE HILL ROAD WOULD BE CG2 WHICH WOULD ONLY

ALLOW FOR CERTAIN ENTERPRISES.

THE COUNCILOR HAS RECEIVED A COMPLAINT ABOUT BARKING DOGS FROM A

RESIDENT NEAR THE ANIMAL SHELTER. THE RESIDENT ASKED FOR SOME SORT OF

SOUND BARRIER. SUPERVISOR MANEELY SUGGESTED THE USE OF ELECTRONIC

CONTROL COLLARS ON THE DOGS.

Councilor Sullivan SPOKE OF HIS CONCERNS ABOUT WIND TOWER DEVELOPERS

IN NEIGHBORING TOWNS BEING ALLOWED TO BUILD SO CLOSE TO BORDERS AND

ROADS. SUPERVISOR MANEELY SAID HE HAS RECEIVED NOTIFICATION FROM THE

NYS ASSOCIATION OF TOWNS THAT THE STATE IS TO TAKE OVER WIND POWER

FACILITIES REGULATION, SUPERSEDING ANY LOCAL LAWS.

5

07/18/2007

Councilor Taylor SPOKE OF A ¼ MILE (APPROXIMATELY) SECTION OF CARGIN

ROAD THAT SHE WOULD LIKE PAVED.

CORRESPONDENCE: From Franklin County Emergency Services A request for updated plan information and

contacts to be sent to Malcolm Jones, for inclusion in the Comprehensive Emergency Management

Plan. Supervisor Maneely created an Emergency Services Committee and appointed Councilors

Taylor and Caplan to it. They will respond to Mr. Jones’ request.

From Brian Paige, CSEA Labor Relations Specialist – a request to schedule a meeting (after

7/9/07) with the Board to discuss contract language issues. The Supervisor asked Councilors

Caplan and Sullivan to meet with him before bringing the issue to the Board.

From NYS DOT – Official notification of speed zone designations on River Road.

From Bruce Santy – a petition from Webster Street Road area residents for a speed zone from the

electric substation to the Village line on Webster road. The request will be sent on to the County

Highway Superintendent for submission to the NYS DOT.

From Carol Perry – a request to the Town Board for consideration of her proposal for the

reconfiguration of the Thomas Hill Road stop sign to the River Road.

From NYS Unified Court Systems – Section 2019-a, of the Uniform Justice Court Act, requires

court be audited by the Town Board, with documentation and resolution to be submitted to the

state. Supervisor Maneely has inspected the books and asked the Councilors to go into court soon

to do the same.

From Susan Hafter – Clerk Hafter reported that she has received notification from the

Governor’s Commission on Local Government Efficiency and Competitiveness (LGEC) that the

Town and Village of Malone proposal for consolidation of Justice Courts and Code Offices has

been selected as one of 200 statewide local projects for direct assistance by State agencies. “The

initiatives will receive expedited technical assistance, legal and logistical help to facilitate their

implementation.” The agencies will also direct the municipalities to whatever financial assistance

may be available. Deputy Supervisor Walbridge spoke of other towns where municipal highway

departments share equipment, and suggested that we try to do the same, especially with the

Village. Supervisor Maneely asked the Deputy to chair a committee to look into this and Deputy

Caplan asked Councilor Caplan to serve with him.

From Pizza Hut – Notice of intent to renew their liquor license.

From NYS Real Property Services – a reminder that the term for Town Assessor expires on

September 30, 2007; information pertaining to the job of Assessor; minimum qualification

standards; and noting that it is a six year term from 10/1/07 through 9/30/2013.

From Malone Planning Board – a recommendation

* On the motion of Councilor Sullivan with a second thereto by Deputy Supervisor Walbridge to

accept the Planning Board recommendation from the 7/1/07 Planning Board meeting to approve a

building application from New Energy Building Products for a 32’ x 36’ building (no other

information provided).


NEW BUSINESS:

Training Request – * On the motion of Councilor Taylor with a second thereto by Councilor Caplan to allow Justice

Marsden and Court Clerk Leberge to attend training SUNY Potsdam, July 23rd

and 24th

, with all

necessary expenses to be paid by the Town. Discussion – Deputy Supervisor Walbridge recommends that the motion be altered to

6

07/18/2007

include a requirement for proof of attendance. He would like this to hold true for future employee

requests for training as well. Vote- Councilor Taylor altered the motion and as such it was

seconded by Councilor Caplan, to include requirement for proof of attendance.

CARRIED, AS MODIFIED, WITH ALL MEMBERS VOTING IN FAVOR (5-0).

EXECUTIVE SESSION:

* At 7:45PM on the motion of Supervisor Maneely with a second thereto by Deputy Supervisor

Walbridge to enter into Executive Session to discuss a particular personnel issue with all Board

Members to be in attendance.


At 7:50PM the Executive Session ended and the regular meeting resumed.

* On the motion of Councilor Caplan with a second thereto by Deputy Supervisor Walbridge to

advertise in the Malone-Telegram, Press-Republican, Watertown Times, and Johnson Publications

for candidates for the position of sole, appointed Town of Malone Assessor; with hours, salary and

benefits to be negotiated; and with applications to be accepted until September 12th

2007.


BILLS FOR AUDIT & PAYMENT: * ON THE MOTION OF, DEPUTY SUPERVISOR WALBRIDGE WITH A SECOND

THERETO BY COUNCILOR TAYLOR, THAT THE FOLLOWING BILLS, VOUCHERS #

527 - 589, HAVING BEEN AUDITED BE PAID: General Fund $32,245.64




Chips $ 97.10


Grand Total: $ 101,883.32 CARRIED WITH ALL MEMBERS VOTING IN FAVOR (5-0).

WESTELCOM –

* ON THE MOTION OF SUPERVISOR MANEELY WITH A SECOND THERETO BY

DEPUTY SUPERVISOR WALBRIDGE TO AUTHORIZE THE SUPERVISOR TO SIGN INTO

A ONE YEAR PHONE SYSTEM MAINTENANCE AGREEMENT WITH WESTELCOM .

CARRIED WITH ALL MEMBERS VOTING IN FAVOR(5-0).

ADJOURN: *ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE WITH A SECOND THERETO

BY COUNCILOR CAPLAN, THERE BEING NO FURTHER BUSINESS, THAT THE BOARD

ADJOURN. THE NEXT REGULAR TOWN BOARD MEETING WILL BE HELD ON

AUGUST 15TH

2007 C0OMMENCING AT 6:00PM.



_________________________________


AUGUST 6TH

2007

1


WEDNESDAY AUGUST 15, 2007, AT THE MALONE TOWN OFFICES, 27 AIRPORT











DARCY FARGO, MALONE TELEGRAM

6:00 PM - CALL TO ORDER - PLEDGE TO THE FLAG

Before beginning the meeting, Supervisor Maneely called for a moment of

silence in honor and memory of recently deceased Jayne Crossman, wife of

County Legislator Gordon Crossman.

MINUTES for review & approval:


THERETO BY COUNCILOR SULLIVAN TO ACCEPT THE MINUTES OF THE

REGULAR MEETING OF July 18, 2007 AS PRESENTED AND PLACE ON FILE.


* ON THE MOTION OF COUNCILOR SULLIVAN WITH A SECOND THERETO BY

COUNCILOR TAYLOR TO ACCEPT THE FOLLOWING REPORTS FOR JULY

2007 AS PRESENTED AND PLACE ON FILE: Supervisor – 7/2007; Town Clerk/Registrar

– 7/2007; Supt. of Highways – 7/2007; Airport Manager – 7/07; Code Officer – 7/07; Justice

Court – 7/07


OLD BUSINESS:

Reminder - Draft Comprehensive Plan and Zoning second information session set for

August 16th

at 7:00 PM.

SUPERVISOR REPORTS:

Animal Shelter Inspection – Supervisor Maneely met with DCO Morton

subsequent to an inspection done at the North country Animal Shelter, which

cited some concerns, but gave an overall satisfactory rating to the facility. An

article in today’s Malone Telegram provided the DCO’s explanation of the

violations and the corrective measures underway. Supervisor Maneely said

another inspection is due in October.

Certiorari Proceeding – Aldi Inc. New York VS Town of Malone Supervisor Maneely said

Aldi files every year. Attorney Anderson-Duffy and Assessor Cashman will handle this.

Time Warner – Petition for Determination of Effective Competition and Special Relief from

the FCC: pertaining to satellite providers as it relates to the Town of Malone subscribers.

Supervisor Maneely handed the document over to Attorney Anderson-Duffy and asked her to

report on it at the next meeting.

Restore NY – Round Two – The Town of Malone was unsuccessful in the application for

Restore New York-Round One. Supervisor Maneely and Budget Officer Stewart attended a

meeting in Plattsburgh last week to get information on this new round of funding. Also in

attendance from Malone were Brad Jackson and Ron Barney, representing the Franklin

2

08/15/2007

County IDA, and a representative from Com Links. For this round of funding, the Intent to

apply must be submitted no later than August 20th

2007. The Supervisor distributed to the

Board a proposal for this grant application, as prepared by Beardsley Design. The proposal

calls for sewer main construction associated with Windmill Estates on Porter Road, and

continuing east on Rt. 11 to Houndsville Road, Houndsville Rd. to the intersection of Elm

Street (Junction Road), then west along Elm Street to the village border. The construction

would promote development in the Town’s east side, and also the Village’s eastern “annex”.

RESOLUTION #11-2007

* Upon the motion of Councilor Taylor with a second thereto by Deputy Supervisor

Walbridge:

BE IT RESOLVED: That the Malone Town Board authorizes the Supervisor to submit an

Empire State Development Corporation (EDSC) application under the Restore New York

Communities Initiative of the ESDC Municipal Grant Program to fund a single municipality

–sponsored project in an amount not to exceed $2,500,000.00 more fully described in the

ESDC application; and

BE IT FURTHER RESOLVED: That the Malone Town Board finds that the Proposed

Project is consistent with the existing local or regional plan; the proposed financing is

appropriate for the specific facility or project: the project facilitates effective and efficient

use of existing and future public resources so as to promote both economic development and

preservation of community resources: and where applicable, the project develops and

enhances the infrastructure and/or other facilities in a manner that will attract, create, and

sustain employment opportunities.

Carried with Board Members voting as follows: Supervisor Maneely – Aye; Deputy

Supervisor Walbridge – Aye; Councilor Louise Taylor – Aye; Councilor Irving Caplan

– Aye; Councilor John Sullivan – Aye (5-0).

The Restore New York application will be prepared by ComLinks. Budget

Officer Stewart reminded the Board that the Town will need to conduct a Public

Hearing on this issue by the end of September, before submitting an application.

Supervisor Maneely has received a request from Ron Barney of Malone

Housing and Rehabilitation Office for Town endorsement for a project for the

Franklin County I.D.A., under Restore New York. The project would involve

demolition of the old Great American Shopping Center and construction of a

new building. The estimated cost of the project is over $12 million. The limit

for Restore New York applications is $2.5 million. Supervisor Maneely said the

program is municipal, and each Town can endorse only one project, which will

be the East-End Sewer Project. He suggested the project be considered for the

next round of funding. The Board concurred.

Salmon River Inspection – Supervisor Maneely and Superintendent Livernois,

along with other Town Councilors, and representatives from the regional DEC

offices and the Army Corps of Engineers will meet at the Town Offices

10:00AM, Wednesday August 22nd

2007, followed by an inspection of the

Salmon River from Ballard Mill to Lower Park Street dam. Attorney Anderson-

Duffy spoke of the build-up of sediment in the river. Superintendent Maneely

said that it is the result of Niagara Mohawk’s work at Chasm Falls in 1997. He

said he will ask the state to dredge the river, as the Town should not be

responsible for the cost.

3

08/15/2007

West Side Sewer -

* On the motion of Councilor Caplan with a second thereto by Councilor

Sullivan to pay Fiacco and Riley $86,863.63, as requested, from the Wal-Mart

Escrow Fund for work on the sewer line to the west of Wal-Mart.


Supervisor Maneely noted that Fiacco & Riley will be doing restoration work at

the site; working at the Highway Garage to install an oil/water separator and

related work.


Webster Street Culvert Issues – Superintendent Livernois spoke of the need

for a major project on Webster Road, to repair a bridge and culvert. He has

conferred with Jeff Smith (in his previous capacity as County Superintendent),

and they have devised a plan that should save the bridge. One of the biggest

problems is to divert the flow of water while conducting the repairs. The

Superintendent said that as this project is an immediate and major concern, he

will not be able to do any actual road work on Webster Road.

River Road Improvements – Superintendent Livernois said the changes to

River Road, as suggested by the State DOT, have been completed. The highway

crew has installed and relocated guard rails along about 9/10’s of a mile road,

and cut back shoulders for better visibility and wider a safety area.


Councilor Sullivan – In regard to the Comprehensive Plan, Dr. Lamb said that

the committee has not yet addressed Sub-Division Law. He offered to do an

update for $500.00. Supervisor Maneely said that a few years ago the Town

Board rescinded the then existing Local Law on Sub-Division and determined

to go with the NYS regulations only, as they are less restrictive.

Councilor Caplan – In regard to the Comprehensive Plan, Dr. Lamb has

divided the Bare Hill area into “A & B” (CG1 & CG2) sections and will have it

shown on the new zoning map.

Court Committee –(Taylor & Sullivan): Supervisor Maneely asked the Committee

whether they had conducted an audit of Town Court, with documentation of same, and

prepared a Town Board resolution to be submitted to the state, as required section 2019-a of

the Uniform Justice Court Act. They indicated they are not sure how to proceed.

Clerk Hafter said that there is a form that can be obtained through Office of

Court Administration that will guide the audit.

EMS Committee (Taylor & Caplan): Supervisor Maneely asked about the progress of the

Comprehensive Emergency Management Plan update. They said are working on it.

Councilor Sullivan: Resolution proposal, to oppose amendments to Title X of the Public

Service Law which would put in place a new State Permit for the siting of power plants,

including wind farms)


COUNCILOR TAYLOR,

4

08/15/2007

RESOLUTION #12-2007

Whereas, Article X of the Public Service Law provides a streamlined siting permit

procedure for certain power generation facilities and the law expired December 31, 2002; and

Whereas, since January 1, 2003 power generation facilities have been sited via local zoning

and state DEC review; and

Whereas, there is currently a proposal by Governor Spitzer before the Legislature to renew

and revise Article X of the Public Service Law that would also include the siting of

windmills; and

Whereas, this inclusion essentially eliminates local zoning control over windmills and has an

impact on community host payments; and

Whereas, the Town of Malone, along with numerous municipalities throughout New York

State, has undergone considerable time and expense to develop and implement windmill

siting policies that best fits our community;

Now, Therefore, be it Resolved, that the Town Board of the Town of Malone is opposed to

any inclusion of the siting of windmills in Article X of the Public Service Law as it removes

local control of our landscape and violates the principles of Home Rule that have been the

guiding force of our state; and

It is further Resolved that the Town Board of the Town of Malone encourages any revision

of Article X to address health and environmental issues for those who live and work near

power generation facilities; and

Be it further Resolved that the Town Clerk forward copies of this resolution to Governor

Eliot Spitzer and elected officials


CORRESPONDENCE: From Franklin County Personnel Office – Information and form regarding Cancer

Screening Leave Program, as ordered by Governor Spitzer.

* On the motion of Councilor Caplan with a second thereto by Councilor Taylor

to accept and endorse the policy established by Governor Spitzer for annual breast & prostate

cancer screening leave, at 4 hours each, for state and local government officials.


From Barney’s Wagon Wheel – Liquor license renewal notice

From Amvets – Liquor license renewal notice

From Titus Mountain, Inc. – Liquor license renewal notice

From NYSDOT – Notice for the reduced speed zone (45mph) for NYS Route 11, west of

the Village of Malone to Meehan Road

From NYSDEC – Notice for a mining permit issued to Bryan Duquette for Lower Park St.

NEW BUSINESS:

Water Service request – The Town Board is expecting, but has not yet

received, a request from Church of the Latter Day Saints for water service to

5

08/15/2007

their building under construction in the East Side Water District. No action was

taken as no written request has been received.

Training Request - from Code Officer Crossman

* On the motion of Councilor Caplan with a second thereto by Councilor Sullivan to allow

Code Officer Crossman to attend a three day seminar pertaining to soil analysis, and the

installation and inspection of onsite wastewater treatment systems; to be held in Glens Falls,

NY on October 1-3, 2007, with all necessary expenses to be paid by the Town.


BILLS FOR AUDIT & PAYMENT: * ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE, WITH A SECOND

THERETO BY COUNCILOR TAYLOR, THAT THE FOLLOWING BILLS, VOUCHERS

# 597 - 662, HAVING BEEN AUDITED BE PAID:

General Fund $66,769.10




Chips $ 192.00

Airport Capital Project $19,862.71



CARRIED WITH ALL MEMBERS VOTING IN FAVOR (5-0)).

ADJOURN: * AT 6:45PM, ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE WITH A

SECOND THERETO BY COUNCILOR SULLIVAN, THERE BEING NO FURTHER

BUSINESS TO COME BEFORE THE BOARD, THAT IT DULY ADJOURN WITH THE

NEXT REGULAR MEETING SCHEDULED FOR SEPTEMBER 12TH

2007 AT 6:00 PM. CARRIED WITH ALL MEMBERS VOTING IN FAVOR (5-0).


________________________________


AUGUST 23, 2007

1


WEDNESDAY SEPTEMBER 12, 2007, AT THE MALONE TOWN OFFICES, 27











BOB CROSSMAN, CODE OFFICER

TAMMY LaVALLEY, VILLAGE CLERK JOHN TENBUSCH, ST. LAWRENCE CO.

DON BARNEY, BRUSHTON BOB BESSETTE, CHATEAUGAY

KEN NEPHEW, MALONE DARCY FARGO, MALONE TELEGRAM

DENISE RAYMO, PRESS-REPUBLICAN

6:00 PM - CALL TO ORDER , BY SUPERVISOR MANEELY - PLEDGE TO FLAG

ADDRESS TO THE BOARD: Mr. John Tenbusch, St. Lawrence County Planning Office,

addressed the Board regarding the 2010 census, and the LUCA (Local Update of Census

Addresses) process leading up to it. Mr. Tenbusch urged the Town of Malone’s participation,

as accurate statistics make for appropriate Federal & State funding and services. He

commented that we are in danger of losing a Congressional seat, so we need to be sure

everyone counted. He described the LUCA process briefly: the first step is to appoint a

review committee and complete and return forms, which were sent out August, by the end of

November. There are levels of participation from which to chose, and different methods of

compiling and comparing the data. He said committees typically consist of the Clerk and/or

Assessor and two or three others who have information or expertise to share. Confidentiality

is top priority. Supervisor Maneely and Clerk Hafter volunteered and Code Officer

Crossman was appointed. Other possible appointments are Data Collector Hoit and HEO

McCarthy. The Town and Village will work together when possible and will have limited

availability to each others’ confidentiality. Mr.Tenbusch will also be a team member. A

training session will be held in Canton on September 27th

2007 for all review team members

able to attend.

EXECUTIVE SESSION:

*At 6:30PM, on the motion of Supervisor Maneely with a second thereto by Deputy

Supervisor Walbridge to enter into Executive Session for the purpose of discussing three (3)

particular personnel matters and CSEA contract negotiations.


At 6:42PM, the Executive Session ended and the regular meeting resumed; no action taken.

AT 6:42 PM COUNCILOR CAPLAN EXCUSED HIMSELF FROM THE REMAINDER

OF THE MEETING.

MINUTES & REPORTS:


DEPUTY SUPERVISOR WALBRIDGE TO ACCEPT THE MINUTES OF THE

REGULAR MEETING OF AUGUST 15TH

2007 AS PRESENTED AND PLACE ON FILE.



THERETO BY COUNCILOR SULLIVAN TO ACCEPT THE FOLLOWING REPORTS

FOR AUGUST 2007 AS PRESENTED AND PLACE ON FILE: TOWN CLERK,

REGISTRAR, AIRPORT MANAGER, JUSTICE COURT, SUPERVISOR,

SUPERINTENDENT OF HIGHWAYS AND CODE OFFICER.


2

09/12/2007

OLD BUSINESS:

Request for Water Service (East Side Water District) from Church of Latter Day Saints,

(from 8/15/07)

* ON THE MOTION OF COUNCILOR SULLIVAN, WITH A SECOND THERETO BY

DEPUTY SUPERVISOR WALBRIDGE TO APPROVE A REQUEST BY CHURCH OF

THE LATTER DAY SAINTS FOR WATER SERVICE IN THE EAST SIDE WATER

DISTRICT.


Report on Time Warner– Petition for Determination of Effective Competition and Special

Relief to from the FCC: pertaining to satellite providers as it relates to the Town of Malone

subscribers (from 8/15/07, Town Attorney to report)

ATTORNEY ANDERSON-DUFFY HAS REVIEWED THE DOCUMENT AND

DETERMINED THAT TIME WARNER WANTS EXEMPTION FROM RATE

REGULATION, BECAUSE THERE ARE TWO OTHER SERVICE PROVIDERS,

DIRECT TV AND ECHO STATE, THAT EACH PROVIDE AT LEAST 15% OF THE

SERVICE. ACCORDING TO FEDERAL LAW, WHEN COMPETITION EXISTS AT

THIS LEVEL, THE COMPANIES ARE EXEMPT FROM RATE REGULATION. THE

ATTORNEY WILL SPEAK TO THE PUBLIC SERVICE COMMISSION AND THE

CONSUMER PROTECTION BOARD AND REPORT AGAIN.

Court Audit- Court Committee – Councilors Taylor & Sullivan: to conduct an audit of

Town Court, with documentation of same, and a Town Board resolution to be submitted to

the State, as required section 2019-a of the Uniform Justice Court Act (from 7/18/07 &

8/15/07)

COUNCILORS TAYLOR & SULLIVAN NOW HAVE THE FORMS TO CONDUCT THE

AUDIT AND WILL SCHEDULE IT.

Emergency Management Plan update - EMS Committee (Taylor & Caplan) –

Comprehensive (from 7/18/07 & 8/15/07. Note – a second request notice was sent by

Malcolm Jones on 9/5/07)

COUNCILOR TAYLOR REPORTED THAT THE UPDATE IS ALMOST COMPLETE

AND SHOULD BE READY BY THE NEXT MEETING.

SUPERVISOR REPORTS:

Sewer Pump-


THERETO BY COUNCILOR SULLIVAN:

RESOLUTION #13-2007

Authorizing the signing of a State Contract for an Aid to Localities Project,

under the appropriate Laws of New York State

Whereas, the Town of Malone herein called the “Municipality”, after thorough consideration

of the various aspects of the problem and study available data, and hereby determined that

certain work, as described in the State contract, herein called the “Project” is desirable in the

public interest, and is required in order to study and/or implement the local project or

program; and

Whereas, under chapter 50, section 1, of the Laws of 2007 relating to the Local Assistance

Budget, the Legislature has authorized financial assistance to localities for services and

expenses related to local projects, programs and studies by means of a written agreement;

and

Whereas, the Municipality has examined and duly considered Chapter 50, Section 1, of the

Laws of 2007 related to the Local Assistance Budget and deems it to be in the public interest

and benefit under this law to enter into a contract therewith,

Now, therefore, Be It

3

09/12/2007

Resolved by the Town Board of the Town of Malone

1. That the Town Supervisor is directed and authorized as the official representative to act in

connection with any contracts between the Municipality and the State, and to provide such

additional information as may be required.

2. That one (1) certified copy of this Resolution be prepared and sent to the New York State

Department of Environmental Conservation, Albany, New York, together with the State

Contract.

3. That this Resolution takes effect immediately.


Restore NY – Round Two –

* On the motion of Deputy Supervisor Walbridge with a second thereto by Councilor Taylor,

that the Town Board of the Town of Malone will conduct a Public Hearing at 5:45PM,

Wednesday, September 26th

2007, for the purpose of gathering public input on a proposed

application to the Restore New York, Round 2 Grant Program.

Public Notice

Town of Malone East End Route 11 Sewer District

Empire State Development Corporation Municipal Grant Program

The Town Board of the Town of Malone will conduct a Public Hearing at 5:45PM,

Wednesday, September 26th

2007, for the purpose of gathering public input on a proposed

application to the Restore New York, Round 2 Grant Program.

The Town of Malone wishes to apply for funding under the Restore NY Communities

Initiative of the Empire State Development Corporation’s Municipal Grant Program. Funds if

awarded will be used to construct a new municipal sewer line along State Route 11 East from

approximately the Porter Road to the Houndsville Road with a lateral connection on the

Porter Road to support commercial and residential development along this strategic corridor.

Funds will also be requested to demolish the former VFW structure located on State Route

11. This municipal initiative will promote both economic development and preservation of

community resources and will enhance infrastructure in a manner that will attract, create and

sustain employment opportunities. An inventory of properties affected by this program

follows: Porter Road – 113.-1-7, 113.-1-3.1, 113.-1-3.2, 113.-1-1

State Route 11 East – 99.2-33, 99.2-85, 99.2-32.1, 99.2-31, 99.2-24.1, 99.2-30.2, 99.2-22.3,

99.1-68, 99.1-67, 99.1-70.2

Houndsville Road – 99.1-10, 99.1-9.1, 99.-1-81, 993-1-80.


Salmon River Inspection with DEC and Army Corp of Engineers – Update

SUPERVISOR MANEELY REPORTED ON THE RECENT INSPECTION (AND

SUBSEQUENT MEETING) REGARDING THE SALMON RIVER, WITH

REPRESENTATIVES FROM THE DEC AND THE ARMY CORPS OF ENGINEERS. HE

SAID THIS IS THE FIRST TIME THEY HAVE ACKNOWLEDGED THAT WE HAVE A

PROBLEM WITH SEDIMENT AND SHOAL BUILD-UP THAT CAUSES FLOODING;

AND THAT THE RELEASE OF SILT FROM CHASM FALLS, BY NIAGARA-

MOHAWK IN 1997, IS A CAUSE. THE REPRESENTATIVES ADVISED THE

TOWN AND VILLAGE SEND A JOINT LETTER TO THE ARMY CORP OF

ENGINEERS, TO OUTLINE THE PROBLEM AND HISTORY, AND TO ASK FOR

CORRECTION OF THE SITUATION.

Town Office Boiler – SUPERVISOR MANEELY REPORTED THAT TOWN OFFICE

BOILER IS NOT FUNCTIONING. HE ACQUIRED A QUOTE FROM ADIRONDACK

ENERGY FOR A NEW BOILER, LARGE ENOUGH TO HANDLE EXISTING

STRUCTURE AND A FUTURE ADDITION (EXPECTED FOR JUSTICE COURT).


4

09/12/2007

THERETO BY COUNCILOR SULLIVAN TO PURCHASE FROM ADIRONDACK

ENERGY A 300,000 BTU BOILER AT A COST OF $9,989.00 TO REPLACE THE NON-

FUNCTIONING BOILER IN THE TOWN OFFICE BUILDING.


Malone Golden Age Club – SUPERVISOR MANEELY ACKNOWLEDGED AND

COMMENDED THE MALONE GOLDEN AGE CLUB ON THE OCCASION OF THEIR

40th

ANNIVERSARY. HE SAID WAS UNABLE TO ATTEND THE OPEN HOUSE BUT

WILL STOP BY TO PERSONALLY CONGRATULATE THE ORGANIZATION.


Webster Street Road Bridge & Culvert – SUPERINTENDENT LIVERNOIS REPORTED

THAT THE EXTENSIVE REPAIR OF THE BRIDGE/CULVERT ON WEBSTER ROAD

IS NEARLY COMPLETE. THE DIVERTED STREAM SHOULD BE RUNNING

NORMALLY AGAIN TOMORROW.

THE HIGHWAY CREW WILL BEGIN GEARING UP FOR WINTER.


DEPUTY SUPERVISOR WALBRIDGE SPOKE ABOUT THE POSSIBILITY OF

PAVING A SMALL PORTION (APPROX. 2/10 MILE) OF CARGIN ROAD WITHIN

THE TOWN OF MALONE, THAT LEADS TO THE BRIDGE IN CONSTABLE. HE

NOTED THAT THIS WILL BE A MAJOR ROUTE FOR DOC PERSONNEL DURING

THE RECONSTRUCTION OF THE BRAND ROAD BRIDGE. SUPERVISOR MANEELY

ADDED THAT THERE IS A CORNER IN THAT ROAD THAT SHOULD COME OUT.

SUPERINTENDENT LIVERNOIS AGREED THAT THE TOWN SHOULD OBTAIN

THAT LAND AND TAKE OUT THE CURVE. HE SAID OTHERWISE THERE WILL BE

PEOPLE SPEEDING TO WORK ON A ROAD WITH A DANGEROUS CURVE.

CORRESPONDENCE:

- From the Adirondack Chapter of the DAR, an invitation to High Tea, a fund raiser for

restoration of the historical Webster Street Cemetery.

- From Malone Town Variance Board, announcement of the appointment of a new

Chairman, Frank Purdy. A letter of thanks will be sent to John Glazier who is stepping down

from the Chair.

- From St. Lawrence County Planning Office, LUCA (Census) information and

notification of a training session to be held in Canton 9/27/07

- From NYS Dept. of State – Shared Service application due 12/14/07

- From NYS Public Service Commission , notice of the Temporary Operating Authority

extension given to Time Warner Cable from prior expiration date of 9/15/07 to 3/15/2008.

-From Town of Harrietstown, pertaining to county assessing/coordinated and or

consolidated assessing

- From Plattsburgh/North Country Chamber of Commerce, – Shared Services Initiatives

From North Country Community College Resolution Proposal, for Board consideration,

honoring the 40th

Anniversary of the College.

*On the motion of Deputy Supervisor Walbridge with a second thereto by Councilor Taylor

RESOLUTION #14-2007

Whereas, North Country Community College, a unit of the state University of New York

was established in 1967 and is celebrating its 40th

anniversary throughout 2007; and

Whereas, North Country Community College has conferred approximately 9,500 associate

5

09/12/2007

degrees and certificates upon its graduates since its inception; and

Whereas, North Country Community College has proven itself to be an integral part of the

quality of life, economic growth and innovation in Essex and Franklin Counties; and

Whereas, North Country Community College enriches the community with its three

strategically-located campuses in Saranac Lake, Malone and Ticonderoga, providing an

affordable, qualitative and accessible education; and

Whereas, North Country Community College is committed to improving the lives and

education of residents of Essex and Franklin Counties through its support of numerous

events including but not limited to sporting and recreational events, art shows and programs,

speaker series, workforce education and partnerships;

Now Therefore, Be It

Resolved that the Malone Town Board hereby supports and unites with the North Country

Community College Board of Trustees by declaring the week of October 7th

through 13th

2007 as North Country Community College Week; and

Be It Further

Resolved that the Town Board of the Town of Malone encourages the Franklin County

Board of Legislators, the Essex County Board of Supervisors, other towns, villages and

business establishments within Franklin and Essex Counties to designate and publicly

announce the week of October 7th

through 13th

2007 as North Country Community College

Week.


- From Hiscock & Barclay – invitation to the 2007 Labor & Employment Law Symposium

9/26/07 from 11:30 – 4:30 @ Skaneateles

- From Hiscock & Barclay – Request for a Wal-Mart Conflict of Interest Waiver by the

Town of Malone.

* ON THE MOTION OF SUPERVISOR MANEELY WITH A SECOND THERETO BY

COUNCILOR TAYLOR TO AUTHORIZE A WAIVER FROM CONFLICT OF

INTEREST TO HISCOCK & BARCLAY IN ORDER FOR THEM TO REPRESENT

WAL-MART IN ANOTHER AREA.


- From Senator Little and Assemblywoman Duprey, resolution acknowledgements

pertaining to the opposition of proposed Title X siting legislation

- From US Dept. of the Army, pertaining to the construction of a 40 foot bridge over

Winslow Brook (by Carla Gerber)

NEW BUSINESS:

Training Requests

*On the motion Deputy Supervisor Walbridge with a second thereto by Councilor Sullivan to

allow Supervisor Howard Maneely, Budget Officer Stewart, Town Clerk Hafter, Assessor

Cashman, Deputy Clerk Gonyea and Councilor Sullivan to attend the Merwin Local

Government Conference in Potsdam on October 9, 2007 with all necessary expense to be

paid by the Town.


Snow Removal Building – Supervisor Maneely reported that there has been a project change

order for the installation of a carbon monoxide monitor to the Snow Removal Equipment

Building.

6

09/12/2007

Vacancy -


THERETO BY COUNCILOR TAYLOR THAT THE TOWN ADVERTISE IN THE

MALONE TELEGRAM FOR CANDIDATES FOR THE POSITION OF ASSESSMENT

ASSISTANT; THE APPOINTMENT TO BE TEMPORARY AND PROVISIONAL

PENDING SUCCESSFUL PLACEMENT ON THE CIVIL SERVICE TEST LIST.


Training Request -


THERETO BY COUNCILOR TAYLOR TO ALLOW CODE OFFICER CROSSMAN

TO ATTEND TRAINING IN PLATTSBURGH, WEDNESDAY, SEPTEMBER 19TH

2007

WITH ALL EXPENSES TO BE PAID BY THE TOWN.


Executive Session –

* AT 7:40PM, ON THE MOTION OF SUPERVISOR MANEELY WITH A SECOND

THERETO BY DEPUTY SUPERVISOR WALBRIDGE THAT THE BOARD ENTER

INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING THE ALDI

CERTIORARI PROCEDURES WITH ALL BOARD MEMBERS AND TOWN

ATTORNEY TO BE IN ATTENDANCE.


AT 7:50PM, THE EXECUTIVE SESSION ENDED AND THE REGULAR MEETING

RESUMED.

* ON THE MOTION OF COUNCILOR SULLIVAN WITH A SECOND THERETO BY

DEPUTY SUPERVISOR WALBRIDGE TO AUTHORIZE ATTORNEY ANDERSON-

DUFFY TO NEGOTIATE A SETTLEMENT WITH ALDI IN THE CERTIORARI CASE

AGAINST THE TOWN.


BILLS:



VOUCHERS # 669 - 733, HAVING BEEN AUDITED BE PAID:


Part Town General Fund $ 1,144.82

Highway DA $ 153.53

Highway DB Fund $ 23,595.23

West Side Water $ 10,000.00


Chips $ 5,055.30

Airport Capital Project $ 222.01


Total: $ 70,046.25

ADJOURN: * At 7:55, On the motion of Deputy Supervisor Walbridge and a second thereto by Councilor

Taylor, there being no further business to come before the Board that it duly adjourn, with

the next regular meeting to be held September 26th

2007 at 6:00 PM, with a Public Hearing

preceding it at 5:45pm.

Carried with all members present voting in favor (4-0).


_________________________


September 21, 2007

7

1


WEDNESDAY SEPTEMBER 26TH

2007, AT THE MALONE TOWN

OFFICES, 27 AIRPORT ROAD, MALONE, COMMENCING AT 6:00 PM

AND PRECEDED BY A PUBLIC HEARING AT 5:45 PM.









BRENT STEWART, VILLAGE MAYOR

DARCY FARGO, MALONE TELEGRAM

DENISE RAYMO, PRESS REPUBLICAN

5:45 PM – Public Hearing - Supervisor Maneely opened the Public Hearing

regarding the Town of Malone application for funding under the Restore NY

Communities Initiative of the Empire State Development Corporation’s

Municipal Grant Program (Round 2), that would provide for a new municipal

sewer line along State Rt. 11 East, from approximately Porter Rd. to Houndsville

Rd., with a lateral connection to Porter Rd., to support residential and commercial

development; and to demolish the former VFW building to make way for new

development.

- Denise Raymo of the Press-Republican asked whether anyone had come

forward in regard to saving the old VFW building as an historic structure. No one

present had heard any such comment or concern.

AT 5:58 PM, WITH NO FURTHER COMMENTS FROM THE PUBLIC OR

BOARD, THE SUPERVISOR CLOSED THE PUBLIC HEARING.

6:00 PM - THE SUPERVISOR CALLED THE MEETING TO ORDER

WITH A PLEDGE TO THE FLAG.

MINUTES & REPORTS:

THERETO BY COUNCILOR TAYLOR TO ACCEPT THE MINUTES OF

THE REGULAR MEETING OF SEPTEMBER 12TH

2007 AS PRESENTED

AND PLACE ON FILE. CARRIED WITH ALL MEMBERS VOTING IN

FAVOR (5-0).

* ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE, WITH A

SECOND THERETO BY COUNCILOR TAYLOR TO ACCEPT THE

JUSTICE COURT REPORT FOR AUGUST 2007 AS PRESENTED AND

PLACE ON FILE.


OLD BUSINESS:

**From 7/18/07; 8/15/07; 9/12/07: Court Committee – Councilors Taylor &

Sullivan were to conduct an audit of Town Court, with documentation of same,

and a Town Board resolution to be submitted to the state, as required section

2

09/26/2007

2019-a of the Uniform Justice Court Act: This item has been put on hold, pending

a NYS Comptroller audit to be conducted in the near future.

**From 7/18/07 & 8/15/07; 9/12/07: EMS Committee, Councilors Taylor and

Caplan, are to review and update, if necessary, the Town’s Comprehensive

Emergency Management Plan. A second request notice was sent by Malcolm

Jones on 9/5/07. Councilor Taylor reported that the review is in process.

SUPERVISOR REPORTS:

McDonald’s Restaurant – Supervisor Maneely commented that the local

McDonald’s management and employees have taken it upon themselves to

clean up the neighboring abandoned property, previously owned by Alaskan Oil.

He said some people have a habit of using the parking area as a rest stop and

scatter trash and garbage. The clean-up has made a nice difference in the area’s

appearance. The Board will direct a thank-you letter to the restaurant’s manager.

Restore NY grant application -

* Upon the motion of Supervisor Howard Maneely with a second thereto by

Deputy Supervisor Paul Walbridge:

RESOLUTION #15-2007

BE IT RESOLVED: That the Malone Town Board authorizes the

Supervisor to submit an Empire State Development Corporation (ESDC)

application under the Restore New York Communities Initiative of the

ESDC Municipal Grant Program to fund a single municipality sponsored

project in an amount not to exceed $2,500,000.00 more fully described in the

ESDC application: and

BE IT FURTHER RESOLVED: That the Malone Town Board finds that

the Proposed Project is consistent with the existing local or regional plan;

the proposed financing is appropriate for the specific facility or project; the

project facilitates effective and efficient use of existing and future public

resources so as to promote both economic development and preservation of

community resources: and where applicable, the project develops and

enhances the infrastructure and/or other facilities in a manner that will

attract, create, and sustain employment opportunities.

The Motion was carried with the Board Members as follows:

Supervisor Maneely – Aye

Deputy Supervisor Walbridge – Aye

Councilor Louise Taylor – Aye

Councilor Irving Caplan – Aye

Councilor John Sullivan – Aye

* ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE WITH A

SECOND THERETO BY COUNCILOR CAPLAN, THAT THE BOARD

APPROVE THE EXPENDITURE OF $250.00 FOR THE RESTORE NEW

YORK, ROUND 2 APPLICATION FEE.


3

09/26/2007


COUNCILOR CAPLAN REPORTED THAT HE BROUGHT AN UNNAMED

VISITOR TO THE NORTH COUNTRY ANIMAL SHELTER. SHE WAS VERY

IMPRESSED WITH THE FACILITY AND GAVE A MONETARY DONATION

AND PLEDGED MORE IN THE FUTURE.

COUNCILOR SULLIVAN ASKED WHO RECENTLY INSTALLED

GUARDRAILS NEAR HIS HOME. THE TOWN OF MALONE DID NOT.

THE COUNCILOR ALSO SAID THE ENGINEER FOR THE CARGIN

ROAD/BRIDGE WORK ASKED HIM WHETHER MALONE WILL BE

PAVING THE PORTION OF CARGIN ROAD IN MALONE. THE ENGINEER

SAID THAT LUCK BROTHERS CONSTRUCTION IS ASSISTING THE

TOWN OF CONSTABLE, AND MAY BE ABLE TO WORK WITH MALONE

AS WELL.

ATTORNEY REPORT:

ATTORNEY ANDERSON-DUFFY REPORTED ON THE ALDI

CERTIORARI SETTLEMENT. WITH BOARD AGREEMENT, NO

INTEREST WILL BE CHARGED IF THE REFUND IS PAID WITHIN 60

DAYS. THE BOARD AGREED THAT THIS CAN BE DONE.

CORRESPONDENCE:

- From James and Anne Price a request that the Town of Malone confer with the

Town of Brandon, to ensure the unobtrusive location of any wind towers that

may be built near municipal boundaries. Supervisor Maneely has reminded the

Town of Brandon Supervisor that the Town of Malone, as an adjacent

municipality is to be formally notified when the required Public Hearing on the

wind facility is held.

- From Malone Planning Board (rec’d 9/13/07) – agenda for 9/4/07; minutes for

8/6/07; agenda for 8/6/07; minutes from 7/2/07

- From Assemblywoman Duprey – Resolution acknowledgement and agreement

with Town of Malone supporting St. Lawrence Gas Distribution System into

Franklin County.

- From NYS Ag & Markets – information pertaining to the availability of grants

to develop Farmland Protection Plans.

NEW BUSINESS:

PLANNED DEVELOPMENT – LOCAL REALTOR AND BUSINESSMAN,

CHRIS LaBARGE, SPOKE TO THE BOARD IN REGARD TO A PROPOSED

PROJECT THAT WILL DEVELOP THE EAST SIDE VILLAGE ANNEX,

BEGINNING WITH THE PERIMETER. THE TOWN’S RESTORE NEW

YORK, ROUND 2 APPLICATION WOULD FACILITATE THE PLAN,

PROVIDING SEWER TO THE AREA. THE PLANS INCLUDE

RESIDENTIAL CONSTRUCTION ALONG JUNCTION RD. AND

HOUNDSVILLE RD, WITH SOME BUSINESS DEVELOPMENT ON RT.11.

4

09/26/2007

2008 TENTATIVE BUDGET – BUDGET OFFICER STEWART PRESENTED

THE TENTATIVE BUDGET FOR 2008, WHICH WAS FILED WITH THE

TOWN CLERK EARLIER TODAY. SHE READ A BUDGET MESSAGE,

TELLING THE BOARD THAT SHE IS NOT HAPPY WITH THE BUDGET AS

IS, AND THAT SOME OF THE DEPARTMENTAL REQUESTS SEEM TO

HAVE BEEN MADE IN A CAVALIER MANNER. SHE NOTED THAT IF

THIS BUDGET WERE TO BE ADOPTED AS IS, THERE WOULD BE AN

INCREASE IN 2008 OF $.10 PER THOUSAND FOR THE VILLAGE RATE,

MAKING IT $2.77; AND AN INCREASE OF $2.49 PER THOUSAND

OUTSIDE THE VILLAGE, MAKING IT $10.01

SUPERVISOR MANEELY SAID THAT THE 2007 HAS BEEN A TOUGH

YEAR FINANCIALLY FOR THE TOWN, DUE TO UNEXPECTED

EXPENSES SUCH AS A NEW BOILER FOR THE OFFICE BUILDING, THE

SEWER ACCESS ROAD, AND THE BRIDGE/CULVERT REPAIR ON

WEBSTER ROAD. HE ASKED THAT ALL BOARD MEMBERS TAKE THE

BUDGET HOME AND STUDY IT TO PREPARE FOR A WORK SESSION.

THE FIRST BUDGET WORK SESSION IS SET FOR 3:00PM ON

WEDNESDAY, OCTOBER 10TH

2007. DEPUTY SUPERVISOR

WALBRIDGE THANKED BUDGET OFFICER STEWART FOR HER WORK

ON THE BUDGET AND HER CANDOR IN THE PRESENTATION.

BILLS FOR AUDIT & PAYMENT:

* ON THE MOTION OF, DEPUTY SUPERVISOR WALBRIDGE WITH A

SECOND THERETO BY COUNCILOR TAYLOR, THAT THE FOLLOWING

BILLS, VOUCHERS # 736 - 758, HAVING BEEN AUDITED BE PAID:






Grand Total $ 59,520.31

ADJOURN: * AT 6:35PM, ON THE MOTION OF COUNCILOR TAYLOR WITH A

SECOND THERETO BY COUNCILOR SULLIVAN, THERE BEING NO



WEDNESDAY, OCTOBER 10TH

2007,COMMENCING AT 6:00PM, WITH

AN IDA MEETING TO PRECEDE IT AT 5:45, AND A BUDGET SESSION

AT 3:30PM.



________________________________


October 3rd

2007

1


WEDNESDAY OCTOBER 10TH











ALVIN LIVERNOIS, HIGHWAY SUPERINTENDENT KENNETH NEPHEW, MALONE JOHN FELLION, MALONE

MARY FREDENBURGH, MALONE GERALD LANDRY, MALONE

6:00 PM – SUPERVISOR MANEELY CALLED THE MEETING TO

ORDER WITH A PLEDGE TO THE FLAG.

EXECUTIVE SESSION: * AT 6:00 PM, ON THE MOTION OF SUPERVISOR MANEELY WITH A SECOND


EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING A PARTICULAR

PERSONNEL ISSUE, WITH ALL BOARD MEMBERS, TOWN ATTORNEY AND

GERALD LANDRY TO BE IN ATTENDANCE.




ADDRESS TO BOARD:

Gerry Landry, Malone resident, former Town Councilor and current

candidate for the Town Board, addressed the Board concerning the Town

Highway Department. He asked whether the Superintendent was paid a full

salary last year. The Supervisor replied “yes”. Mr. Landry then said that, as

an official, you take an oath of office that says you “will faithfully perform

the duties of office”. He said that Superintendent Livernois did not

faithfully perform his duties this year as he was gone for 12 weeks of

vacation during the winter months, the busiest time of year for the Highway

Department. He suggested that both the Superintendent and the Town Board

are guilty of poor ethics and possibly misappropriation of funds. He also

complained about plowing service last winter. He said “When I negotiated

the Town Highway contract, I allowed for a 12 hour shift if the Union

wanted to go that way or also made plans for people coming in at 4:00 in the

morning, 5:00 whatever may be, and getting done early. So there’s plans for

both ways – read the Highway contract.” In regard to the 2008 tentative

budget, Mr. Landry objected to the $7,000.00 salary increase requested by

Superintendent Livernois. He said that two months salary should be

deducted from the Superintendent’s 2008 salary, and perhaps given to the

Deputy Superintendent. He referenced the $10,000.00 the Superintendent

receives as Landfill Overseer, saying that since he couldn’t perform the job

while away; his deputy should be paid for that, too. Attorney Anderson-

Duffy remarked that Mr. Landry’s comments, “under the guise of making a

presentation to the Board”, are designed to present his platform and bolster

his candidacy for Town Board; and that if he is to be allowed to speak in

front of the board, perhaps all candidates should have equal time. She said

this is the only available gathering place where the press reports and Mr.

2

10/10/2007

Landry is taking advantage of it. Darcy Fargo of the Malone Telegram noted

that all candidates are given an opportunity to lay out their platform in the

newspaper. Supervisor Maneely also corrected the Attorney, saying that any

citizen is allowed to address the Board. In the more than 10 years he has

been Supervisor no one has been denied the opportunity.

MINUTES:


THERETO BY COUNCILOR TAYLOR TO ACCEPT THE MINUTES OF THE

REGULAR MEETING OF SEPTEMBER 26TH

2007 AND PLACE ON FILE.


REPORTS:


COUNCILOR SULLIVAN TO ACCEPT THE FOLLOWING REPORTS FOR

2007 AS PRESENTED AND PLACE ON FILE: Supervisor – 9/2007

Town Clerk/Registrar – 9/07 Supt. of Highways – 9/07

Airport Manager – 9/07 Code Officer – 9/07 CARRIED WITH ALL MEMBERS VOTING IN FAVOR (5-0).

OLD BUSINESS: From 7/18/07 & 8/15/07; 9/12/07; 9/26/07: EMS Committee (Taylor & Caplan) -

Comprehensive Emergency Management Plan (status report)

COUNCILOR TAYLOR REPORTED THAT SHE HAS A COPY OF THE 2001 PLAN

AND A PROGRAM GUIDE FROM TOWN FILES. SHE WILL WORK FROM THAT.

SUPERVISOR REPORTS: Welcome to Malone signs – SUPERVISOR MANEELY SAID THAT IT HAS COME

TO ATTENTION THAT THE “WELCOME TO MALONE” SIGNS, ERECTED FIVE

(5) YEARS AGO, DEPICT A FARM SCENE FROM VERMONT. A BURLINGTON

FREE PRESS REPORTER WROTE A STORY ABOUT THE SIGNS, AND THE

STORY WAS PICKED UP BY OTHER MEDIA AS WELL. THE SUPERVISOR

EXPLAINED THAT THE DESIGN HAD BEEN CHOSEN BY A COMMITTEE

THROUGH A CONTEST, AND NEITHER THE COMMITTEE NOR THE BOARD

KNEW THE LOCATION OF THE FARM IN THE PHOTO. HE APOLOGIZED FOR

THE HONEST BUT EMBARRASSING ERROR. IF THERE IS A PUBLIC OUTCRY

OR DEMAND FROM VERMONT THE SIGNS MAY BE TAKEN DOWN.

YMCA –


COUNCILOR SULLIVAN TO ALLOW THE YMCA PERMISSION TO REMOVE

CANNON ABUTMENTS AT THE ARMORY BUILDING.


SPCA–


Taylor to grant permission to the Supervisor, to sign an agreement with

Franklin County SPCA, to allow for the distribution of 2007 budgetary

funds in the amount of $1500, to assist with public safety by reducing the

feline over-population in our area. CARRIED WITH ALL MEMBERS VOTING IN FAVOR (5-0).

SNOW REMOVAL EQUIPMENT BUILDING –

* On the motion of Deputy Supervisor Walbridge with a second thereto by

Councilor Taylor to approve, for SEQR purposes, a categorical exclusion as

required by the FAA, for discretionary funds for the proposed acquisition of

3

10/10/2007

snow removal equipment for Malone-Dufort Airport.


BOARD VACANCIES:

Planning Board member, Barry Collins’ 7-year term, expired 9/8/07. He

will be contacted to determine if he is interested in serving another term.

Board of Variance & Appeals member Thomas Arnold’s 5-year term

expires 11/18/07. He will be asked if he is interested in serving another term.

Board of Assessment Review member, Carolyn McNamara’s 5-year term,

expired 9/30/07. She has expressed her willingness to continue.


Taylor to appoint Carolyn McNamara to another 5-year term on the Town of

Malone Board of Assessment Review, to expire September 30th 2012.



Superintendent Livernois said that he has been busy and working hard all

summer long, but that some people don’t seem to appreciate it.


Councilor Sullivan has written a letter to the Brandon Town Supervisor and

Board members requesting a one mile set-back from the Malone town line

for the placement of any wind towers to be built in their municipality.

CORRESPONDENCE:

From Attorney Duffy – Stipulation of Settlement and Order regarding Aldi

vs Town of Malone.

From NYSDOT – pertaining to the Town’s request for a reduced speed zone

on Webster Street from the village line to the electrical substation.

Permission was granted for a 45MPH buffer speed limit from the existing

Village line and speed zone (35MPH) to approximately ½ mile south.

From Bruce Mallette, Highway Dept. employee - a request for the Board to

consider amending the Town of Malone insurance policies to allow for

coverage to be extended for domestic partnerships. The issue was tabled

until the next contract negotiations.

From Town Clerk Hafter – a reminder that, as per New York State law,

four (4) hours of annual training is required of Planning & Zoning officials.

NEW BUSINESS:

* On the motion of Councilor Taylor with a second thereto by Deputy

Supervisor Walbridge to approve the recommendation from Budget Officer

Stewart for the following transfer:

From A1990.4 contingency to A1620.4 - $9895.00


BILLS FOR AUDIT & PAYMENT: * ON THE MOTION OF COUNCILOR TAYLOR WITH A SECOND

THERETO BY DEPUTY SUPERVISOR WALBRIDGE THAT THE

4

10/10/2007

FOLLOWING BILLS, VOUCHERS # 764 – 801, HAVING BEEN

AUDITED, BE PAID. General Fund $ 39,042.50


Highway DB Fund $ 25,000.00

East Side Water $ 10,684.62

Airport Capital $ 10,781.55

Landfill Capital $ 3,900.00


TOTAL: S 92,024.05


ADDRESS TO BOARD:

FORMER TOWN COUNCILOR AND CURRENT CANDIDATE FOR

VILLAGE TRUSTEE, JOHN “BOB” FELLION ADDRESSED THE

BOARD TO SAY THAT HIGHWAY SUPERINTENDENT LIVERNOIS

HAS A HISTORY OF TAKING LESS VACATION THAN ALLOTTED.

He SAID IT IS ONLY RECENTLY THAT HE HAS BEEN TAKING

SEVERAL WEEKS. HE SAID HE THOUGHT HE SHOULD BRING IT

TO THE BOARD’S ATTENTION.

THE SUPERVISOR WELCOMED A COLLEGE STUDENT AND HIS

FATHER, ALEXANDER AND DENNIS MURRAY, WHO ATTENDED

THE MEETING AS OBSERVERS.

MARY FREDENBURG , WHO OWNS PROPERTY IN THE EAST SIDE

WATER DISTRICT ASKED THE BOARD WHETHER THE DISTRICT

RATES WOULD BE GOING UP AGAIN. SAID SHE SHOULD NOT BE

PENALIZED IN HER WATER RATES, TO MAKE UP FOR THOSE WHO

DO NOT PAY THEIRS. SHE ALSO NOTED THAT SHE IS PAYING A

LOT LESS TO THE VILLAGE FOR WATER NOW THAT HER METER

IS READ. MS. FREDENBURGH, WHO NOTED THAT SHE HAS

SERVED IN THE PAST AS SUPERVISOR FOR THE TOWN OF

FRANKLIN, ALSO SAID SHE STRONGLY OBJECTS TO THE

REQUESTED $7,000.00 RAISE FOR HIGHWAY SUPERINTENDENT

LIVERNOIS. SUPERVISOR MANEELY ASSURED HER THAT THIS

PRELIMINARY BUDGET WOULD NOT BE THE FINAL BUDGET.

ADJOURNMENT: * AT 6:50 PM, ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE

WITH A SECOND THERETO BY COUNCILOR TAYLOR, THERE

BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD,

THAT IT DULY ADJOURN, WITH THE NEXT REGULAR MEETING

TO BE HELD ON WEDNESDAY, 10/24/-2007 COMMENCING AT

6:00PM.



_______________________________


November 16, 2007

1


WEDNESDAY OCTOBER 24TH 2007, AT THE MALONE TOWN OFFICES, 27

AIRPORT ROAD, MALONE, COMMENCING AT 6:00 PM AND WAS PRECEDED

BY A BUDGET WORK SESSION AT 5:30PM.









RICK YELLE, HIGHWAY DEPARTMENT

RICKY MARSHALL, HIGHWAY DEPARTMENT

MARK LAMONDIE, HIGHWAY DEPARTMENT

GERALD LANDRY, MALONE DARCY FARGO, MALONE TELEGRAM

5:30 PM – A budget work session on the proposed 2008 budget was held.

AT 6:00 PM, SUPERVISOR MANEELY CALLED THE MEETING TO ORDER.

ADDRESS TO BOARD: Ken Carre, of the Malone Revitalization Foundation, had requested time to address the

Board concerning LWRP activities. He did not show up.

MINUTES & REPORTS:

* ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE, WITH A SECOND

THERETO BY COUNCILOR SULLIVAN TO ACCEPT THE MINUTES OF THE

REGULAR MEETING OF OCTOBER 10, 2007 AND PLACE ON FILE.



THERETO BY COUNCILOR TAYLOR TO ACCEPT THE JUSTICE COURT

REPORT FOR SEPTEMBER 2007 AS PRESENTED AND PLACE ON FILE.


OLD BUSINESS: Comprehensive Emergency Management Plan (status report) from 7/18; 8/15; 9/12;

9/26; & 10/10/07: EMS Committee (Taylor & Caplan) Councilor Taylor reported the

report has been updated and is ready to be typed and filed.

SUPERVISOR REPORTS: 2008 Budget

Supervisor Maneely reported that the Board has completed the Town of Malone 2008

Preliminary Budget. The rates have gone down for both inside village and town outside.


BY COUNCILOR CAPLAN THAT AT 6:00PM, WEDNESDAY NOVEMBER 7TH

2007 THE TOWN BOARD CONDUCT A PUBLIC HEARING ON THE 2008

PRELIMINARY BUDGET; THE INSIDE VILLAGE TAX RATE TO BE $2.44 PER

THOUSAND OF ASSESSMENT, (A DECREASE OF $.23 FROM THE CURRENT

YEAR) AND TOWN OUTSIDE TAX RATE TO BE $7.45 PER THOUSAND OF

ASSESSMENT( A DECREASE OF $.07 FROM THE CURRENT YEAR).


Supervisor Maneely thanked Budget Officer Stewart and Board Members for their work

on this budget, saying it is a good one. He added that the taxpayers should be happy.

2

10/24/2007

2008 East Side Water District


BY DEPUTY SUPERVISOR WALBRIDGE THAT AT 5:30PM, WEDNESDAY

NOVEMBER 7TH

2007 THE TOWN BOARD CONDUCT A PUBLIC HEARING ON

THE 2008 EDU RATES FOR THE EAST SIDE WATER DISTRICT, PROJECTED TO

BE $143.30, A DECREASE OF $23.35 FROM 2007.


2008 West Side Water District


BY COUNCILOR TAYLOR THAT AT 5:45PM, WEDNESDAY NOVEMBER 7TH

2007 THE TOWN BOARD CONDUCT A PUBLIC HEARING ON THE 2008 EDU

RATES FOR THE WEST SIDE WATER DISTRICT, PROJECTED TO BE $77.59, AN

INCREASE OF $.75 OVER THE CURRENT YEAR.


Board Vacancies –


DEPUTY SUPERVISOR WALBRIDGE TO APPOINT NANCY MARCH TO THE

MALONE TOWN PLANNING BOARD FOR ANOTHER 7-YEAR TERM, TO

EXPIRE SEPTEMBER 8TH

2014; AND TO ACCEPT THE RESIGNATION OF

BARRY COLLINS FROM THE PLANNING BOARD, BUT TO RETAIN HIM AS AN

ALTERNATE.

CARRIED WITH ALL MEMBERS VOTING IN FAVOR. (5-0)


THERETO BY COUNCILOR CAPLAN TO APPOINT THOMAS ARNOLD WHOSE

TERM EXPIRES NOVEMBER 18TH

2007 TO ANOTHER 5-YEAR TERM ON THE

MALONE TOWN BOARD OF VARIANCE AND APPEALS, TO EXPIRE

NOVEMBER 18TH

2012.


Highway Equipment –


BY DEPUTY SUPERVISOR WALBRIDGE TO APPROVE THE EXPENDITURE OF

$65,000.00 FROM DB5130.2, HIGHWAY EQUIPMENT TO THE CAPITAL

RESERVE FOR HIGHWAY EQUIPMENT, AS PER DISCUSSIONS DURING THE

OCTOBER 15th

BUDGET WORK SESSION.

DISCUSSION – GERRY LANDRY ASKED WHEN THE LAST HIGHWAY

EQUIPMENT WAS PURCHASED AND HOW MUCH MONEY IS BEING PUT INTO

THE CAPITAL RESERVE EACH YEAR. THE SUPERVISOR RESPONDED THAT

IT HAS BEEN THREE OR FOUR YEARS SINCE THE LAST PURCHASE AND

THAT $25,000.00 PER YEAR IS CURRENTLY BEING PUT INTO THE RESERVE.


Bill King Park –

SUPERVISOR MANEELY REPORTED THAT JIM BESSETTE, NEIL SEYMOUR

AND A CREW OF OTHER VOLUNTEERS GOT TOGETHER TO CLEAN UP TOWN

OWNED BILL KING PARK. THE TOWN HIGHWAY DEPARTMENT PROVIDED A

TRUCK, AND THREE LOADS OF BRUSH AND DEBRIS WERE REMOVED FROM

THE AREA. THE SUPERVISOR EXPRESSED HIS THANKS TO ALL WHO

PARTICIPATED.


Councilor Caplan said he attended the spaghetti dinner held at the K of C in support of

North Country Animal Shelter. He reported that four (4) dogs were adopted at the event.

Councilor Taylor reported that the updated Emergency Operations Plan is ready to be

typed and submitted.

3

10/24/2007

Deputy Supervisor Walbridge said that work has begun on the women’s and youth

soccer fields. He said he would like to work with the community to find funding to

provide lights to the Town’s athletic fields.

NEW BUSINESS: Budget Transfer –

* UPON THE RECOMMENDATION OF BUDGET OFFICER STEWART AND THE

MOTION OF DEPUTY SUPERVISOR WALBRIDGE WITH A SECOND BY

COUNCILOR CAPLAN TO TRANSFER $2,389.30 FROM A1990.4, CONTINGENCY

TO A1930.4, JUDGMENT & CLAIMS TO COVER THE ALDI CERTIORARI

SETTLEMENT ORDER OF $6,389.30, AS ONLY $4,000.00 WAS BUDGETED FOR

THE LINE ITEM FOR 2007.


CORRESPONDENCE: - From Gerald Landry - Freedom of Information request and the reply from Budget

Officer Stewart, for Board information.

- From Town Clerk Hafter – regarding the need for the upgrading of certain computer

components for the Deputy Clerk station & a request for permission to purchase.


COUNCILOR SULLIVAN TO AUTHORIZE THE EXPENDITURE OF $987.87

FROM THE 2007 CLERK AND/OR TAX COLLECTOR CONTRACTUAL BUDGET

ALLOTMENT FOR THE PURCHASE OF NEW COMPUTER HARDWARE FOR

THE DEPUTY CLERK’S STATION.


EXECUTIVE SESSION: * AT 6:19PM, ON THE MOTION OF SUPERVISOR MANEELY WITH A SECOND


EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING TWO PARTICULAR

PERSONNEL MATTERS AND UNION CONTRACT NEGOTIATIONS, WITH ALL

BOARD MEMBERS TO BE PRESENT.


AT 6:28PM, EXECUTIVE SESSION AND REGULAR MEETING RESUMED.

CSEA Contract –


BY COUNCILOR CAPLAN TO ACCEPT THE 3-YEAR (2007 - 2009) CSEA

CONTRACT FOR THE TOWN HIGHWAY DEPARTMENT AS PRESENTED.


Appointment –

*ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE WITH A SECOND

THERETO BY COUNCILOR CAPLAN TO APPOINT ANN MARLOWE TO THE

POSITION OF DATA COLLECTOR, EFFECTIVE OCTOBER 22nd

2007, ON A

FULL-TIME, PROVISIONAL BASIS (PENDING CIVIL SERVICE TEST).


Training –


THERETO BY COUNCILOR TAYLOR TO AUTHORIZE DATA COLLECTOR

MARLOWE TO ATTEND TRAINING IN LAKE PLACID OCTOBER 23RD

2007,

WITH ALL NECESSARY EXPENSES TO BE PAID BY THE TOWN.

CARRIED WITH LL MEMBERS VOTING IN FAVOR (5-0).

4

10/24/2007

Appointment –

*ON THE MOTION OF COUNCILOR CAPLAN WITH A SECOND THERETO BY

COUNCILOR SULLIVAN TO EXTEND THE WAYNE CASHMAN’ TERM AS

ASSESSOR FOR ONE YEAR, WHILE THE COUNTY DETERMINES WHETHER IT

WILL TAKE OVER ASSESSMENT.




THERETO BY COUNCILOR TAYLOR, THAT THE FOLLOWING BILLS, VOUCHERS # 805 – 859, HAVING BEEN AUDITED BE PAID:

General Fund $16,448.67




West Side Water $ 1,269.05

East Side Water $ 3,789.06

Chips $ 556.28




ADJOURN: * ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE WITH A SECOND


TO COME BEFORE THE BOARD, THAT IT DULY ADJOURN, WITH PUBLIC

HEARINGS WATER DISTRICT RATES AND THE 2008 TOWN BUDGET TO BE

HELD ON WEDNESDAY NOVEMBER 7TH

2007 COMMENCING AT 5:30; 5:45

AND 6:00 PM; AND THE NEXT REGULAR TOWN BOARD MEETING TO BE

HELD NOVEMBER 14TH

2007 COMMENCING AT 6:00PM.



____________________________________


October 29th

2007

1


WEDNESDAY, NOVEMBER 14TH












ROBERT GLEASON, MALONE JOHN FELLION, MALONE

JOHN BRITELL, MALONE DONALD DUMAS, MALONE

JOSEPH PITT, MALONE RICK YELLE, MALONE


MINUTES & REPORTS:


BY COUNCILOR TAYLOR TO ACCEPT THE MINUTES OF THE REGULAR

MEETING OF October 24, 2007 AS PRESENTED AND PLACE ON FILE.



THERETO BY COUNCILOR TAYLOR TO ACCEPT THE FOLLOWING REPORTS

FOR OCTOBER 2007 AS PRESENTED AND PLACE ON FILE:

Town Clerk/Registrar report for 10/2007 Code Officer – 10/2007

Airport Manager – 10/2007 Highway Superintendent – 10/2007


ADDRESS TO BOARD:

Armory Building - Mr. Jim Britell, of Community Energy Services addressed the Board

with results of an energy audit performed of the Armory building. He said with the high

cost of utilities, the building should be made more energy efficient. He suggested

insulating the roof, as there is open space above the rafters, and the improvement would

not change the character of the building in any way. Supervisor Maneely said that the

Town is not responsible for the upkeep of the building. In accordance with the lease with

the YMCA, any improvements would be funded by them. If the time comes that they

cannot financially survive, town would turn the building back to the state. Mr. Britell said

that ComLinks and NYSERTA will sit down with the YMCA to work out a money and

energy saving plan. The Supervisor thanked Mr. Brittel for his presentation..

SUPERINTENDENT OF HIGHWAYS REPORTS: Highway Superintendent

Livernois reported that the crew has been cutting shoulders, putting up makers and in

general getting ready for winter plowing. He reported one complaint from a pilot who

said the markers at the airport will be an obstacle to larger planes. Airport Manager Besio

said he could research the possibility of flexible, orange markers.


Councilor Caplan reported a large donation from Teri Paumier to North Country

Animal Shelter. The facility passed a recent state inspection with “flying colors”.

Councilor Sullivan visited the Cargin Road bridge work-site: the sides are not up yet.

2

11/14/2007

CORRESPONDENCE:

- From Luke Griffin – Notice of application for an on-premises liquor license for CG’s

Sport’s Bar at 3066 State Route 11 in Malone.

-From Franklin County Treasurer – Town of Malone Chargebacks for 2008 warrant

- From Franklin County Treasurer – Notices of Foreclosure of 2003 Tax Liens and

2004 Tax Liens

- From Anne Marlowe - Resignation letter: from the data collector position (appointed

on 10/22 – resigned 10/25th

)

- From Joe Lucy - Request for permission to move the Air North Flying Club fuel tank

from the present location, to a location as determined by the Code Enforcement Officer

* On the motion of Councilor Caplan with a second thereto by Councilor Sullivan to

allow Joe Lucy to move the Air North Flying Club fuel tank to another location, on the

far side of the T-Hangar, as approved by the Code Officer to be in compliance with all

laws.


- From ANCA - Notice of Annual Meeting to be held 12/6/07 from 10:00 AM to 3:15

PM @ Lake Placid Hilton

NEW BUSINESS:

Copier –

* On the recommendation of Budget Officer Andrea Stewart and upon the motion of

Councilor Taylor with a second thereto by Deputy Supervisor Walbridge to contract with

Symquest for a new Kyocera copier, with new options available under state contract, at a

lower price and better technology than the current copier, which lease is to expire 2/2008.


Budget Transfers -

* Upon the recommendation of Budget Officer Stewart and upon the motion of Deputy

Supervisor Walbridge with a second thereto by Councilor Sullivan to make the following

budgetary amendments to reflect the revenues and expenditures associated with the

following grant awards:

Debit:

A410 State Aid: $70,856

$50,000 – Member Item (pump station)

$20,856 – Farmer’s Market improvements

Credit:

Revenue codes:

A3989 – State Aid / Home & Community Services:

$50,000

A3789 – State Aid/ Economic Assistance & Opportunity:

$20,856

Credit:

A960 Appropriations: $70,856

Debit:

Expenditure codes:

A1420.4 – Attorney contractual: $ 9,100

A5132.4 – Garage contractual: $ 1,900

A8189.4 – Pump Station contractual $31,000

A8020.4 – Engineering fees: $ 8,000

A1620.4 – Buildings contractual - Farmers Market $20,856


3

11/14/2007

EXECUTIVE SESSION:

* At 6:20 PM, on the motion of Supervisor Maneely with a second thereto by Deputy

Supervisor Walbridge to enter into Executive Session for the purpose of discussing a

particular personnel issue and contract negotiations.


At 6:50 PM the executive session ended and the regular meeting resumed.

APPOINTMENT-

* On the motion of Councilor Caplan with a second thereto by Deputy Supervisor

Walbridge to appoint Wayne Cashman to a 6-year appointment as Sole Assessor of the

Town of Malone to expire September 30, 2013.


WATER REQUEST –

*On the motion of Deputy Supervisor Walbridge with a second thereto by Councilor

Sullivan, to allow Jerry Langdon to tap into the West Side Water District for a residence

he is refurbishing on Route 11B; providing the Village also approves.


RESIGNATION –

Supervisor Maneely reported that he has received a letter of resignation, effective

October 25th

, from Anne Marlowe regarding the position of data collector, for which she

was appointed on October 22nd

2007.

APPOINTMENT -


Taylor to appoint Amy Hewitt to the position of Data Collector, beginning 12/03/2007, at

a pro-rated annual salary of $23,858.00 for the remainder of 2007, and with the same

percentage raise in the 2008 budget as all other town .employees. CARRIED WITH ALL MEMBERS VOTING IN FAVOR (5-0).

SALARY ADJUSTMENT –

* On the motion of Councilor Taylor with a second thereto by Deputy Supervisor

Walbridge to raise the salary of Court Clerk Laberge by $1,000.00 FOR 2008, in order

for it to be greater than that of new hire, Amy Hewitt.

SUPERVISOR REPORTS:

Comprehensive Plan Committee - A meeting is to be held on 11/15/07 @ 7:00 PM.

Supervisor Maneely asked why this meeting was necessary, as the draft document has

already been reviewed by the Board and sent for legal review. Councilor Caplan replied

that there are a few issues, regarding Lake Titus, that need to be addressed.

2008 East Side Water –


Sullivan, a Public Hearing having duly conducted on November 7th

2007, that the rate for

the Town of Malone East Side Water District be approved and applied at $143.30 per

EDU (Equivalent Dwelling Unit).


2008 West Side Water –


Walbridge, a Public Hearing having duly conducted on November 7th

2007, that the rate

for the Town of Malone West Side Water District be approved and applied at $77.59 per

EDU (Equivalent Dwelling Unit).


2008 Town Budget – Supervisor Maneely spoke of the Town’s 2008 Preliminary

Budget, saying that it is a good one with tax rates going down. He added that the only

changes made to the budget since the Public Hearing are adjustments to the salaries for

Data Collector and Court Clerk.

4

11/14/2007


Taylor to accept and adopt the 2008 Preliminary budget, with adjustments to Court Clerk

and Data Collector salaries as noted above.

Discussion – Bob Gleason of Malone, a former Town Councilman asked about the

Cargin Road project to be done in 2008, while putting off other previously scheduled

projects. Hw said that the Town of Constable is getting state aid to fix their portion of

Cargin Road, while the bridge is being built with state and federal funds. He suggested

the Town out this project aside until Malone can also get outside funding. Supervisor

Maneely replied that it is important to get the Cargin Road done as the road will be a

major route of travel for prison employees while the major Brand Road/ Bridge project is

being done. He said Constable’s funding was a member item from Betty Little and he

will try to acquire similar for Malone.

Donald Dumas of Malone, a former Town Councilor asked whether the $10,000 donation

which was requested by the YMCA was included in the town budget. Supervisor

Maneely replied that no changes have been made to the budget presented at Public

Hearing other than salary adjustments, as noted.

Vote – CARRIED WITH ALL MEMBERS VOTING IN FAVOR (5-0).

Meeting Schedule for December 2007 –

Supervisor Maneely announced that the meeting schedule for December is to be altered,

holding just one meeting at 6:00 PM, Wednesday, December 19th

2007, to be preceded by

a meeting of the Town IDA at 5:45 PM.

Appointment –

* On the motion of Councilor Caplan with a second thereto by Deputy Supervisor

Walbridge to appoint Village Justice Michael Lamitie to the position of Town Justice,

immediately for the remainder of 2007 (filling the vacancy created by the death of

Thomas Wilson) at a pro-rated salary, with a copy of this action to be sent to Todd

Webber, New York State Supreme Court.


* ON THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE, WITH A SECOND

THERETO BY COUNCILOR TAYLOR, THAT THE FOLLOWING BILLS,




Highway DA Fund $27,494.48






ADJOURN:


WITH A SECOND THERETO BY COUNCILOR SULLIVAN, THERE BEING NO



WEDNESDAY, November 28th

2007 COMMENCING AT 6:00PM.



_______________________________


5

1


WEDNESDAY NOVEMBER 28TH











Alexander Murray, Malone Dennis F. Murray, Malone


MINUTES & REPORTS:


DEPUTY SUPERVISOR WALBRIDGE TO ACCEPT THE MINUTES OF THE

REGULAR MEETING OF November 14, 2007 AND PLACE ON FILE.



THERETO BY COUNCILOR SULLIVAN TO ACCEPT THE OCTOBER 2007

SUPERVISOR REPORT AND JUSTICE COURT REPORT AND PLACE ON FILE.


SUPERVISOR REPORTS: Malone Comprehensive Plan Committee - Dr. Lamb submitted the final draft of the

Comprehensive Plan, final draft of updated Zoning Code, and draft Junk Law, on

11/21/07 for Town Board, Planning Board, and/or Legal review. Supervisor Maneely said

that this is the second time a “final” draft has been submitted for review.

ANCA Planning Proposal – The Supervisor reported on a meeting among

representatives of theTown, Village, ANCA, MRF and Sen. Little’s Office, with

Consultant Rob Camoin. The group is spearheading an effort to provide planning services

for Malone. Franklin County provided some seed money for this purpose, to include also

the Towns of Tupper Lake and Harriettstown. Grant money recently become available.

* On the Motion of Deputy Supervisor Walbridge with a second thereto by councilor

Caplan:

RESOLUTION # 16-2007

WHEREAS, the NYS Office for Small Cities is making available funding for the

Technical Assistance Grant Program, and

WHEREAS, there is a particular need to identify additional economic and community

development opportunities within the Town and Village of Malone; and

WHEREAS, The Village of Malone is seeking financial assistance for the preparation of

a community development strategic plan to address the needs of the region; and

WHEREAS, the only affordable means of financing such a project is to secure funding

through the Community Development Block Grant Program, and

WHEREAS, the Village and Town of Malone are eligible applicants under the

Community Development Block Grant Small Cities Program in New York State and are

therefore eligible for financial assistance; and

WHEREAS, the Town of Malone fully supports a Village of Malone’s application to

request technical assistance for the completion of a joint Town and Village Economic

Development Strategic Plan, on behalf of both municipalities.

2

11/28/2007

NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the

Supervisor, Howard Maneely, to support the Village of Malone’s application for up to

$25,000 to the NYS Office for Small Cities for a technical assistance grant; to act in

connection with the submission of the application; and to provide such additional

information as may be required.


Salmon River – The NYS DEC has received the final inspection report on the Salmon

River Flood Control Program, and the Town can expect to receive it soon. The Army

Corp of Engineers will schedule a meeting with the Town of Malone in the near future.


Councilor Sullivan reported on Town of Burke’s proposed law regarding wind Energy

Facilities which may allow towers to be built up to the Malone line. He suggested

a letter be sent, as was to the Town of Brandon, expressing Malone’s concern.


Walbridge that Town Board send letters to the Towns of Burke and Bellmont asking that,

in their Local Laws on Wind Energy Facilities, it be provided that no wind towers are to

be built closer that one mile from the Malone town line.


Councilor Caplan has spoken with County Treasurer Varin and Legislator Lavoie

regarding assistance to the YMCA. He said they favor the County offering in-kind

services. However, a high efficiency boiler is needed the roof should be replaced and

insulated. The YMCA Board is to meet tomorrow and will talk about these issues then.

Supervisor Maneely would like to advertise for bids for plowing services at the Malone-

Dufort Airport, rather than the Highway Department doing it. He has information for

Board Member review. The Supervisor also reported that CSEA representative, Brian

Paige is to come to the office tomorrow at 3:30PM to sign the Highway contract.

BILLS:


THERETO BY COUNCILOR TAYLOR, THAT THE FOLLOWING BILLS,


BILLS FOR AUDIT & PAYMENT: General Fund $ 64,082.25

Part Town General Fund 280.00

Highway DA Fund 794.75

Highway DB Fund 774.23

Walmart Escrow Fund 21,324.36

Airport Capital Project 16,447.03


Grand Total $126,571.40


ADJOURN:


Caplan, there being no further business to come before the Board, that it duly adjourn

with the next regular Board meeting to be held December 19th at 6:00 PM.



________________________________


November 29th

2007

3

1


WEDNESDAY December 19th






ABSENT:






HIGHWAY SUPERINTENDENT LIVERNOIS

CODE OFFICER CROSSMAN

STEVE BAILEY, MALONE


ADDRESS TO THE BOARD: Steve Bailey of the Chamber of Commerce addressed

the Board regarding the upcoming (January ’08) SnoCross Races in Malone. As chairman

of the event, Mr. Bailey is asking the Town and Village of Malone along with Franklin

County to assist the Chamber’s Sno Cross event by providing manpower and machinery.

He said there are 1,500 people from the race circuit, and 6000 spectators expected to visit

Malone and use our hotels, shops and restaurants. The business generated assists the

municipalities and therefore they should assist with the event. Specifically he needs 2

loaders and drivers on Wednesday, Thursday and Friday mornings, as well as a grader on

Monday. Superintendent Livernois said that he doesn’t mind assisting if the Town Board

wants him to, but he expressed concerns about liability and the advisability of helping a

private entity. Supervisor Maneely said that because the Chamber is sponsoring the

event, it is not considered private enterprise. Attorney Anderson-Duffy said that the

sponsor would have to have insurance with the Town named as additional insured.

Supervisor Maneely warned that in the event of an appreciable snow fall, Town

assistance would be withdrawn to allow for Town road maintenance.


THERETO BY COUNCILOR SULLIVAN TO AUTHORIZE HIGHWAY

SUPERINTENDENT LIVERNOIS, AT HIS DISCRETION, TO ASSIST WITH

PREPARATION FOR SNO-CROSS EVENTS TO BE HELD AT THE FRANKLIN

COUNTY FAIR GROUNDS, JANUARY 2008.


Mr. Bailey thanked the Board and said that he will be in touch with the Superintendent to

coordinate times with the other municipalities.

MINUTES & REPORTS:


THERETO BY COUNCILOR SULLIVAN TO ACCEPT MINUTES OF THE

MEETING OF November 28, 2007 AS PRESENTED AND PLACE ON FILE..




REPORTS AS PRESENTED AND PLACE ON FILE:

Supervisor report – 11/2007 Justice Court – 11/07

Town Clerk/Registrar – 11/07 Code Officer – 11/07

Supt. of Highways – 11/07 Airport Manager – 11/07


2

12/19/2007

SUPERVISOR REPORTS: Air 99 Grant - Information has been received regarding available funding for certain

airport projects. Supervisor Maneely said that the Town of Malone has applied but not

been awarded these projects in the past, including fuel station, security and lighting.

Liquor License – Intent to renew application for liquor license received from Steve

Fitzpatrick for The Pines.

Burke Wind law – The Town of Burke has scheduled a Public Hearing January 3rd

2008,

in regard to their proposed Wind Facilities Regulations. The Malone Town Board sent a

letter of concern to the Town of Burke because of the lack of set-back limits for the

Malone-Burke town line in the proposed law. Their response was to ask for research data

supporting the concern. Town Attorney Anderson Duffy will work with Councilor

Sullivan to prepare comment for the Public Hearing.

Water Service –


BY DEPUTY SUPERVISOR WALBRIDGE THAT THE TOWN BOARD APPROVE

WATER SERVICE TO ARLINGTON TROMBLEY IN THE TOWN OF MALONE

EAST SIDE WATER DISTRICT; AS REQUESTED BY MR. TROMBLEY AND

APPROVED BY THE VILLAGE OF MALONE.


Salmon River Inspection Report -The Dept. of the Army has provided the final report

on the 2007 inspection of the Salmon River. A meeting will be scheduled in the near

future to discuss what has to be done.

YMCA Issues – Supervisor Maneely reported that the YMCA’s bill for boiler inspection,

due June 14th

2007, was finally paid today.

- Fran Goodrow requested and received from Budget Officer Stewart, a listing of the

annual payments made by the Town of Malone to contracting, not-for-profit entities.

Dog Control -Supervisor Maneely reminded the Board that the contract for dog control

will be coming up for renewal in January. The Town Attorney will prepare an updated

contract for review.


- SUPERINTENDENT LIVERNOIS SAID THE CREW IS REPAIRING EQUIPMENT.

- HE SAID HE WILL CONTINUE TO PLOW THE AIRPORT; THAT THE BOARD

NEED NOT GO OUT TO BID FOR THE SERVICE. HE MADE IT CLEAR THAT

THE AIRPORT PLOWING COMES AFTER THE ROADS.

- THE SUPERINTENDENT HAS PROVIDED THE BOARD MEMBERS WITH

SPECS FOR A NEW PLOW TRUCK HE INTENDS TO PURCHASE.


BY DEPUTY SUPERVISOR WALBRIDGE TO APPROVE THE PURCHASE OF

A 2007 STERLING LT9511 CAB AND CHASSIS AND A TENCO BODY AND

PLOW EQUIPMENT PACKAGE, FROM TRACEY ROAD EQUIPMENT, OFF

STATE CONTRACT #PC62376, FOR A TOTAL PRICE OF$167,404.00, AS PER

SPECS AND AS BUDGETED.


CORRESPONDENCE:

- FROM THE TOWN OF CHAZY, BUS INFORMATION IN REGARD TO THE 2008

ANNUAL ASSOCIATION OF TOWNS CONFERENCE IN NEW YORK CITY.

REMINDER– Attendance request forms for the NYS Assoc. of Towns meeting in NYC

Feb. 17-20, 2008 must be submitted as soon as possible, to meet registration deadlines

(see Towns & Topics info).

3

12/19/2007

NEW BUSINESS: TRAINING REQUEST –


THERETO BY COUNCILOR SULLIVAN TO AUTHORIZE TOWN JUSTICE

COURT PERSONNEL TO ATTEND TRAINING OFFERED BY THE NYS UCS ON

COURT SOFTWARE AND LAPTOP COMPUTERS, IN LAKE PLACID JANUARY

9TH

2008, WITH ALL NECESSARY EXPENSES TO BE PAID BY THE TOWN.


BUDGETARY TRANSFER –

* UPON THE RECOMMENDATION OF BUDGET OFFICER STEWART AND ON

THE MOTION OF DEPUTY SUPERVISOR WALBRIDGE WITH A SECOND

THERETO BY COUNCILOR SULLIVAN TO AUTHORIZE THE FOLLOWING

BUDGETARY TRANSFER: FROM A1990.4, CONTINGENCY $1,204.46 TO

A5132.1, GARAGE PERSONNEL SERVICES, FOR VACATION BUY-BACK.


EXECUTIVE SESSION:

* AT 6:34PM ON THE MOTION OF SUPERVISOR MANEELY WITH A SECOND


EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING A CONFIDENTIAL

MATTER, WITH THE BOARD AND CODE OFFICER CROSSMAN.


AT 6:43PM, THE EXECUTIVE SESSION ENDED AND THE REGULAR MEETING




BY DEPUTY SUPERVISOR WALBRIDGE, THAT THE FOLLOWING BILLS,

VOUCHERS #954 - 1035, HAVING BEEN AUDITED BE PAID:


Part Town General Fund 5,314.85

Highway DA Fund 9,105.35

Highway DB Fund 8,362.99

East Side Water 1,312.75

West Side Water 1,000.00




REORGANIZATION MEETING:

SUPERVISOR MANEELY STATED THAT THE 2008 REORGANIZATION/

REGULAR MEETING FOR THE TOWN OF MALONE WILL BE HELD 6:00 PM,

WEDNESDAY JANUARY 9TH

2008, WITH THE REGULAR TOWN I.D.A.

MEETING TO PRECEDE IT AT 5:45 PM.

ADJOURN:


WITH A SECOND THERETO BY COUNCILOR SULLIVAN, THERE BEING NO



WEDNESDAY, January 9, 2008 COMMENCING AT 6:00PM.



________________________________


DECEMBER 27TH

2007

4

Documents

ORGANIZATIONAL - Town of Malone, NY minutes/2007minutes.pdfcash, for town board review, as required by town law. salary schedule: * on the motion of councilor caplan with a second