D R A F T
WATER INFORMATIONAL MEETING
ESSEX TOWN BOARD
FEBRUARY 15, 2012
6:00 p.m.
Supervisor Sharon Boisen opened the Water Informational Meeting at 6:00 p.m.
PRESENT: Sharon Boisen Supervisor
Claire LaPine Councilwoman
Harold MacDougal Councilman
Mark Wrisley Councilman
ABSENT: Dr. James LaForest Councilman
OTHERS PRESENT: Jim Dougan, AES Representative, Susan Kennedy, Dept. of Health Representative, Todd Hodgson, AES Representative, Catherine DeWolff, Town Clerk.
MEMBERS OF THE PUBLC: Kevin DeLaughter, Norma Goff, Frank Walls, Steve Phillips, Grace MacLeod, Sandra Vance, Lee Ackley, Donna Lou Sonnett, Cara F. Isley, Stephen Masselli, David Hislop, Karen East, Anita Shapiro, Pat Tivnan, Katherine Cross, Sally Johnson, Jim and Colleen Van Hoven, Dianne Lansing, Linda Carson, Jonathan Pribble, Carol and Nick Muller.
Jim Dougan of AES addressed the public in attendance of his firm’s proposal for the Town of Essex public water system. Mr. Dougan described the options available to the Town of surface water vs. ground water (wells) sources, including the costs associated with either decision. Susan Kennedy of the Department of Health described for the public the health issues associated with the water and how the Town is at a critical point in providing potable water to its residents as well as disinfection and distribution issues. Every member of the public asked questions of the representatives including the costs associated with the project, the locations of possible sites for wells, the pollution factor surrounding ground water vs. a cleaner, more viable solution with wells. Todd Hodgson of AES addressed the questions of the quality of the water in our area, including hard, sulfur (smelly) and iron water. Susan Kennedy addressed the issue of hydrogen deposits in the shale along Lake Champlain and how municipal wells were different from residential wells. The funding for the project was discussed including possible grants available to the Town as well as low interest loans. Todd Hodgson discussed with the public the processes that the hydro-geologists would use to find suitable wells and the costs associated.
The Public was allowed an open forum and asked the following questions of the representatives:
Sally Johnson asked if there was already a contract for water. Jim Dougan said yes, there is a contract from 2009. Mrs. Johnson asked what does it cover, what is it for? Mr. Dougan replied that yes, we have a contract to design a ground water source. The Supervisor responded that yes, there was one signed in 2009 with Ron (Jackson).
Colleen Van Hoven asked Susan Kennedy about when Ms. Kennedy spoke several years ago the currently used surface water did not comply with the Department of Health at that time Ms. Kennedy described that she has grave concerns for the current plant. She said that the DOH did a comprehensive performance evaluation in 2007 at the water plant and that there were many deficiencies with the system. Boil water issues had been issued and the Town is making efforts to at least provide potable water. She continued that the Dept of Health took action against the Town for maximum contamination level violations for disinfection by products and are formed when you have natural organic matter in the water and add chlorine to it, the by products form and they are carcinogens. The filters have gone past their prime and the current filter is in grave condition. She said that it is not a good plant and that she will always be a proponent of a ground water source, as it the best and most reasonable cost wise.
Pat Tivnan asked about the disinfection of a ground water source and was advised that there is disinfection for a ground water source but much less chlorine is used in the distribution system and that ultra violet disinfection is an option. Public water systems (community) must always be disinfected. Jim Dougan said we have UV as an alternate, but that is built into the cost of the system, but we need the test wells first before we even look at the best way to treat it. He said it would be the ideal to find a well that would produce 150 gallons per minute. However, if there were sulfur or other issues, you might not want it. Testing will provide the answers and there is a risk in finding the wells. Ms. Kennedy expressed that there is a cost associated with finding the wells and it is money well spent.
Councilman MacDougal commented that it is not really an alternate then, it is a supplement. Ms. Kennedy said that the engineers have a lot of work ahead of them. She discussed storage of the water and the electricity costs of a UV system.
Jim Van Hoven, said that when the representatives were here a couple of years ago, the best place to drill for a well was behind the Fire House. Susan Kennedy responded that a geologist had ID’d the area but more tests would have to be done. Supervisor Boisen told Mr. Van Hoven that the report was here and it is also online. Mr. Van Hoven asked about the costs associated with that. Jim Dougan discussed the cost options including how the treatment level is the difference in the cost options and the geologists report from that time. He developed a plan of identified production wells. The Fire Dept. site at that time was one location and there were other sites. Filtering systems were discussed as well as building costs and control systems. Mr. Dougan said the project could go higher than the estimated $1.5 M for ground water. With the surface water option you are looking at $4 million but closer to $5 million. Those numbers are pretty accurate. Mr. Van Hoven asked what explains the huge variations in those options. Mr. Dougan replied that is the treatment levels associated with surface water. Recharge rates were discussed and could be disappointing.
Steven Maselli questioned the stability of capacity for how many years and whether there could be ugly surprises. Jim Dougan advised, yes, that is the risk of ground water vs. surface water. We are not looking at sand and gravel wells that are more susceptible to drought. The Town would be better off with a bedrock well that would draw from a larger area. At 500 feet down you may be tying into an aquifer that is part of Lake Champlain. Drilled wells have a better water quality. Eventual deterioration of the wells was discussed. Ms. Kennedy offered that she has not seen deterioration in the water quality from wells. Sometimes sediments build up and they need to be cleaned out. We need the information from the test wells to make determinations.
Norma Goff asked about the degree of satisfaction with the water project recently completed in Wadhams, hardwater and softening systems and town property vs. private property. Susan Kennedy responded that the DOH is very pleased with Wadhams, that there are no issues with performance and samples are coming back clean. Supervisor Boisen added that the Dogwood Bakery people are happy and have no problems. The hardwater issue could be a good reason not to choose a site. DOH does not allow individual treatment at homes – that that kind of treatment is done on-site. The Supervisor added that on site treatment is also the most cost effective. Jim Dougan said that private properties are indicated in AES’s report. The Town has contacted the private parties who are only interested if is the last resort.
Lee Ackley said that they have wells and they have a strong sulfur smell and asked how that would be remedied. Todd Hodgson responded about the contamination factor that sulfur presented was usually at rock interfaces where there are other contaminants. He advised that this would be discussed in the hydro-geologists report in the test well phase.
Sally Johnson asked if a private place is chosen, how is that decided and is there a lot of money to be made? Jim Dougan responded that the Town would ask for a donation first and if not they can only pay assessed value. Mr. Dougan added that a 4-5 acre site would be the best area and that there is a minimum of 200 feet radius around the wells for the protection of the wells.
Kara Isley asked about aquifers that are fed from the lake and the contaminants from the lake. Jim Dougan said that they will test to make sure groundwater is not under the influence of contaminants. Ms. Isley asked about former dump sites. There is potential for contamination at these sites. Ms. Isley said that she had heard of residential wells that have gone bad and asked if those were the sand and gravel wells. Susan Kennedy advised that municipal wells are different from residential wells and that they will be steering away from those areas where hydro-sulfide occurs.
Jim Van Hoven emphasized the question of cost. Roughly $1.5 Million estimate for this ground water source. Jim Dougan said that with the funding that Susan alluded to, you have funding, they will give you 1.1 M in grants and the remaining is a zero percent loan for 30 years. EFC, Environmental Facilities Corporation, is tied in with the DEC and is considered the State’s funding source. Susan Kennedy said that communities struggle with the new mandates but there is a State match, too. $1.146 M and $376,000.00 in interest free loans. Supervisor Boisen said that that is all the funding we know of. Mr. Van Hoven asked if the Board would be approving this tonight. The Supervisor responded that they would like to approve the test well phase. Mr. Van Hoven asked if he could drink the water. Susan Kennedy said that there is no boil water order right now. Mr. Van Hoven asked how long the process would take. Jim Dougan said that the Town has signed on to a schedule of remedy rather than be fined by the DOH, with the first part being done, and next is the construction documents for review.
Kevin Delaughter asked about the replacement costs of the service saddles and other cost options that are not included in the $1.5 M cost estimate, that could be exceeded by an additional $3M. Jim Dougan said yes, that is true. We have a tribunal order and we are trying to match the dates. Those items are not specific in the tribunal order. Some of the items on the list are replacement saddles ($225,146), installation of new meters ($560,678), new water tank ($568,864) and build for ISO fire-flow ($1,471,490) would all be additional costs to the $1.5 M rough estimate.
Susan Kennedy said that the pipe in the ground is ancient and deteriorating.
Councilman MacDougal said that the ground water option is the way to go, it is certainly the most cost effective of the two options. The chances of good water quality is better with ground water than with the lake (surface).
David Hislop questioned that the Town had signed a contract and if the Town has already decided on wells. Supervisor Boisen that in 2009 there was a contract with AES for a groundwater source and advised that the system is on-going and if there are no viable test wells, then we would have to move forward with the lake option (surface water). Somehow we would have to afford that, yes. Right now we are at the point that we have to go with test wells as a viable option. Councilman Wrisley said the next step is to start drilling, that the sewer project has taken center stage and we are just now picking up where we left off in 2009.
Karen East was concerned about the site behind the Fire House. There is an active farm up hill from the site. Jim Dougan responded that it is a concern but that an organic farm is a good thing vs. one that uses pesticides but they definitely want to watch that. Surface water is more impacted by a farm than a ground water source. He discussed the geology of the area. Heavy clay allows organisms to go directly into the lake.
Sally Johnson expressed her concern about how in the history of this land the valley was used to dump septic waste. The standard of the Essex Farm, it was a large working farm at the time and it was not the cleanest. That section has had hard use for 100 years. Mr. Dougan said that is a legitimate concern. Sally questioned the cost of each test well when you move to another area. Mr. Dougan advised that the next step would be for the hydro geologists, Todd Hodgson said that they would use high frequency devices to find the fissures. . It looks like surveying equipment. The cost to just find the fissures using ground penetrating radar are approximately $3,500.00. Drilling a single test well could be from $35,000 and that is a relative estimate. The initial water testing would be from $5-15,000. All together you are talking about anywhere from $35 to $55,000 per test well site. So the goal is the do the best you can the first time around.
Mr. Hislop asked if there would be a new structure at the well site and Mr. Dougan answered in the affirmative. How big would that be? 800 to 1,000 square feet was the reply.
Sandy Vance asked if the site near the Fire House is a wash, would we try other sites? Councilman MacDougal said that we don’t know. As a last resort, we may do it.
Donna Sonnett expressed that she was excited about having potable ground water.
Anita Shapiro asked Susan Kennedy about the contaminants in the water particularly arsenic and phenols. Ms. Kennedy said that they test for those including principal organics but there was none of significance. She said that they don’t test for pharma or bluegreen algae. Susan Kennedy told Mrs. Shapiro not to worry about the arsenic.
The Supervisor thanked the public for attending with special appreciation to the presenters/representatives for their time.
The Water Informational Meeting was closed at 7:35 p.m. with all persons being heard.
REGULAR MEETING
ESSEX TOWN BOARD
FEBRUARY 15, 2012
7:48 p.m.
Supervisor Sharon Boisen called to order the Regular Meeting of the Essex Town Board at 7:48 p.m., with the Pledge of Allegiance and a moment of silence with respect to the passing away of Patty James and Robert Fletcher.
PRESENT: Sharon Boisen Supervisor
Claire LaPine Councilwoman
Harold MacDougal Councilman
Mark Wrisley Councilman
ABSENT: Dr. James LaForest Councilman
ALSO PRESENT: Catherine DeWolff, Town Clerk, David Lansing, Code Enforcement Officer, Dianne Lansing, Assessor, Andy Buchanan for the Grange Hall, Sally Johnson, Jon Pribble and Linda Carson.
The Supervisor offered Courtesy of the Floor to Andy Buchanan, representative of the Grange Hall. Supervisor Boisen related that Ted Cornell had called about the approval of bids for work at the Grange and he has sent Andy to talk about that. Andy described the work being done at the Grange Hall and while much of the work there was done by volunteers, there are specific areas which need professionals to finish. There was a discussion of the bids to do the finish work with Jim Lee coming in with the lowest bid.
RESOUTON 39-2012
Resolution to Award Bid to Jim Lee for Grange Hall Work
On a motion made by Harold MacDougal, seconded by Claire LaPine the Resolution is
ADOPTED Yes-4 LaPine, MacDougal, Wrisley, Boisen No-0
Resolved that the Town of Essex has accepted the low bid of $1,500 from contractor, Jim Lee, for work to be finished at the Grange Hall.
Councilwoman LaPine brought up the Memorandum of Understanding the Town has with the Grange Hall and how the Town can no longer be burdened with the high expenses of running the Grange. The Supervisor said that the MOU expires this year and that would be addressed.
There was a discussion of the minutes of five meetings up for the Board’s approval. Mr. MacDougal asked about the draft minutes being on the website and suggested that the draft wording be larger.
RESOLUTION 40-2012
Resolution Accepting Minutes of Last 5 meetings: 11/17/11 – Public Hearing, 11/17/11 Budget Workshop, 12/28/11 Regular Meeting, 12/29/11 Year End Meeting and 1/3/12 Organizational Meeting.
On a motion by Mark Wrisley and seconded by Harold MacDougal the Resolution is
ADOPTED Yes-4 LaPine, MacDougal, Wrisley, Boisen No-0
Resolved that the Town Board accepts the draft minutes of the last five meetings.
The Zoning Officer’s reports for December and January were read and discussed.
RESOLUTION 41-2012
Resolution to Accept the Zoning Officer’s reports
On a motion made by Harold MacDougal and seconded by Claire LaPine, the Resolution is ADOPTED Yes-4 LaPine, MacDougal, Wrisley, Boisen No-0
Resolved that the Town Board of Essex accepts the reports of the Zoning and Code Enforcement Officer, David Lansing.
The Board queried David Lansing about what was going on down at Whallons Bay and there was a discussion of the permits required and the inclusion of permitting by the Town Planning Board for actions along the shoreline, as well as the timeline for such permitting being of one year. Jon Pribble, contractor, asked about existing projects that need repair. There was a discussion of what includes a repair.
Supervisor’s Report – The Town Supervisor, Sharon Boisen advised the Board of what was going on at the County level and the question of residency requirements. The Supervisor said that they will amend and remove residency requirements at the County to enable them to hire the best qualified person for the job. The Supervisor discussed DPW, road safety after Hurricane Irene and signage.
Old Business:
Water – There was a discussion about the water issue and how proper debt service was never billed to the benefited users. It was agreed that there would be a Special meeting on Tuesday, February 28th, at 5:00 p.m. to address the Water Capital Project.
RESOLUTION 42-2012
Resolution to Hold a Special Meeting on February 28, 2012, to address the Water Capital Project
On a motion by Mark Wrisley and seconded by Harold MacDougal the Resolution is
ADOPTED Yes-4 LaPine, MacDougal, Wrisley, Boisen No-0
Resolved that the Town Board will hold a Special Meeting on February 28, 2012 for the purpose of discussing the Water Capital Project.
The Supervisor advised the Board that the contract the Town has with the Fire Department for water was never filed with the County and that we will have an attorney review it.
New Business:
Sewer Capital Project – the Supervisor advised that a Resolution was needed to move $25,000 from the Sewer Capital Project contingency fund to the SCP miscellaneous fund to purchase items necessary and recently approved by the funding agency.
RESOLUTION 43-2012
Resolution authorizing the Supervisor to move $25,000 from the Sewer Capital Contingency Fund to the Sewer Capital Miscellaneous Fund
On a motion by Mark Wrisley and seconded by Harold MacDougal, the Resolution is
ADOPTED Yes-4 LaPine, MacDougal, Wrisley, Boisen No-0
Resolved that the Town Board of Essex has agreed to allow Supervisor Boisen to move $25,000 from the Sewer Capital Contingency Fund to the Sewer Capital Miscellaneous Fund for the purpose of purchasing of items necessary and approved by the funding agency.
Schedule of Audits – There was a discussion of auditing the financial records of the Town Clerk, Justice and Zoning Officer for the year of 2011.
Resignation of Deputy Town Clerk, Audrey Hoskins. On a motion by Sharon Boisen and seconded by Harold MacDougal, the resignation of Mrs. Hoskins is accepted by unanimous vote.
Appointment of new Deputy Town Clerk, Donna Haynes, with Resolution to add Mrs. Haynes to the Town Clerk and Tax Collector bank accounts.
RESOLUTION 44-2012
Resolution to Appoint the new Deputy Town Clerk, Donna Haynes, and add her to the bank accounts of the Town Clerk and Tax Collector and remove former deputy town clerk, Audrey Hoskins from the accounts
On a motion by Mark Wrisley, seconded by Harold MacDougal the Resolution is
ADOPTED Yes-4 LaPine, MacDougal, Wrisley, Boisen No-0
Resolved that the Town Board of Essex has agreed to appoint the Town Clerk’s new Deputy, Donna Haynes, and add her to the Town Clerk and Tax Collector Bank Accounts, thereby removing the former deputy, Audrey Hoskins from said accounts.
Bills:
There was a discussion of the bills on Abstract #2 of 2012. Mrs. LaPine advised the Board that she and Mr. MacDougal went through the bills. Mrs. LaPine asked about reimbursing Assessor, Dianne Lansing, for the tax she paid in connection with the on-line purchase of software for the Town Clerk. Supervisor Boisen advised the Board that the Town never pays sales tax no matter what the circumstance and that it would not be paid in this instance.
There was a discussion of the Teamsters Health and Hospital plan and researching whether Scott (Hayes) could stay on. Mrs. LaPine said that the Town is not obliged to provide health insurance to a part-time employee. Mr. MacDougal advised that we should get it in writing from the Teamsters so that they cannot use it as a bargaining tool in the future. The Supervisor said that COBRA is the only other plan available.
Supervisor Boisen brought up her request for a chair for her office, which was agreed upon by the Board at the last meeting. The Supervisor wanted the record to show that she did not ask the Board to purchase the chair outright and suggested options for the purchase and ordinarily, an employer would provide seating for their employees. Further, she said that she was surprised to get Claire’s email the next day after meeting approval. Mrs. Boisen related that there are extreme inconsistencies in purchasing and that it needs to stop. The Supervisor continued that she believed this would not have occurred if it were somebody else. Mrs. LaPine said that she did not object to providing a chair, but that her objection was to the cost of the chair and questioned that if part of it were for health reasons that that should be considered. Mr. MacDougal said for him was about the cost, it was too much for a chair. Mr. Wrisley said that he still does not have a problem with the chair. There was further discussion of the Supervisor’s chair and what is fair with regards to purchasing needed office equipment to do our jobs. Supervisor Boisen added that consistency with regard to purchasing is imperative.
RESOLUTION 45-2012
Resolution to Accept the Bills on Abstract #2 of 2012
On a motion by Harold MacDougal and seconded by Mark Wrisley, the Resolution is
ADOPTED Yes-4 LaPine, MacDougal, Wrisley, Boisen No-0
Resolved that the bills presented on Abstract #2 for 2012 are duly reviewed and accepted for payment.
Financial Reports:
RESOLUTION 46-2012
Resolution to Accept the Town Clerk’s Report
On a motion by Harold MacDougal and seconded by Claire LaPine the Resolution is
ADOPTED Yes-4 LaPine, MacDougal, Wrisley, Boisen No-0
Resolved that the Town Board of Essex has accepted the Town Clerk’s report.
RESOLUTION 47-2012
Resolution to Accept the Water Rents Report
On a motion by Harold MacDougal and seconded by Claire LaPine the Resolution is
ADOPTED Yes-4 LaPine, MacDougal, Wrisley, Boisen No-0
Resolved that the Town Board of Essex accepts the Water Rents Report
RESOLUTON 48-2012
Resolution to Accept the Supervisor’s Report
On a motion by Claire LaPine and seconded by Harold MacDougal the Resolution is
ADOPTED Yes-4 LaPine, MacDougal, Wrisley, Boisen No-0
Resolved that the Town Board of Essex accepts the Supervisor’s Report.
Adjournment:
On a motion by Claire LaPine, seconded by Harold MacDougal the vote is unanimous to adjourn the meeting.
There being nothing further to come before the Town Board of Essex, the Regular Meeting of February 15, 2012 is adjourned at 10:27 p.m.
Respectfully submitted by
Catherine DeWolff
Town Clerk