ESSEX TOWN BOARD
Regular Meeting
May 17, 2012
7:00 p.m.
Supervisor Boisen opened the meeting at 7:00 p.m. with the Pledge of Allegiance.
Present:
Sharon Boisen Supervisor
Claire LaPine Councilwoman
Dr. James LaForest Councilman
Mark Wrisley Councilman
Absent: Harold MacDougal Councilman
Also Present: Catherine DeWolff Town Clerk
David Sayre Chairman Board of Assessors
Dianne Lansing Assessor
H. Nicholas Muller III Planning Board Member
David Hislop Planning Board Member
Lauren Murphy Zoning/Code Enforcement Officer
Guests: Katherine Clark, Dr. Colleen Van Hoven, Rick Dalton, Bonnie Monoski, Jane TerLouw, Mary Anne Schultz, Jan TerLouw, Julie Martin, Bill Bateman, Michael E. Pratt
Councilwoman LaPine offered a moment of silence on the passing of David Hance.
The Supervisor thanked Deputy Sheriff Rice for coming tonight.
Guest Speaker Julie Martin of BRASS
Ms. Martin spoke to the Board about the Bouquet River Watershed program with the five towns along the river: Elizabethtown, Lewis, Westport, Essex and Willsboro. She gave an overview of the grant project and of BRASS itself. She described the Watershed Project and the steps being implemented to facilitate it on behalf of the five towns.
Ms. Martin handed out a Planning Questionnaire to the Board and audience. The Supervisor suggested that copies of the questionnaire be available in the Town Hall so that residents can fill it out and return it to BRASS. The questionnaire’s results will be an important step in implementing the Watershed plan. With no questions from the Board, the Supervisor thanked Julie Martin.
Approval of Minutes
The minutes of the April 10th and April 13th Special Meetings of the Town Board were considered with April 19th’s tabled until next month.
Resolution 84 – 2012
Resolution Accepting the Minutes of April 10, 2012 and April 13, 2012
On a motion by Councilwoman LaPine to approve and accept the minutes of April10,2012 and April 13, 2012 Special Meetings of the Essex Town Board, seconded by Councilman Wrisley, the Resolution is ADOPTED: Yes-4 No-0
Zoning Officer’s Report – April 2012
Lauren Murphy presented her April report to the Town Board.
Supervisor’s County Report
Supervisor Boisen briefed the Board on the Horace Nye committee. There was a discussion of the bidding process for the Horace Nye home.
The Supervisor added that there will be no beer at the Essex County Fair this year.
Old Business
Old Stone Church – The Supervisor advised the Board that we discussed this last month and that she has looked at the Grange Hall as a possibility for re-locating the Senior’s program. Councilwoman LaPine asked if there would be a conflict with them cooking at the Grange since they have already leased out their kitchen. Councilwoman wanted this point to be clear if the Seniors would be using the Grange. There was a discussion about getting the ball rolling on declaring the Old Church building as a redundancy to the Town. There was a discussion of whether or not the building could still be used for events by the public as well as if there were any existing easements to the building. It was determined that there are no longer any easements on the building. However, there is a Preservation Covenant on the property which would require State approval of the sale as well as condition any new owner of the property. The Supervisor advised that the Town will be obtaining a professional appraisal of the property and that proper procedures will be followed including that the sale of the property will be subject to a permissive referendum. Rick Dalton, owner of the Essex Inn and CFES, spoke about the mission of College for Every Student and their desire to purchase the Old Stone Church.
Resolution 85 -2012
Resolution Declaring the Old Stone Church Building No Longer Useful to the Town of Essex
On a motion by Councilman LaForest to start the process and deem the Old Stone Church as no longer useful to the Town of Essex, seconded by Councilwoman LaPine, the resolution is ADOPTED:
Yes – 4 No – 0
There was a discussion of getting the appraisal for the Old Stone Church building. It was agreed that the minimum starting bid for the sale of the building would start with whatever the appraisal came in at. Further, it was agreed that there would be a Special Meeting of the Town Board, forthcoming, to discuss and accept the appraisal process.
ACAP Agreement – There was a discussion of signing the annual contract with ACAP for the Senior Center.
Resolution 86 – 2012
Resolution Authorizing the Supervisor to Sign the ACAP Contract
On a motion by Councilman LaForest authorizing the Supervisor to sign the annual ACAP contract, seconded by Councilman Wrisley, the resolution is ADOPTED:
Yes – 4 No -0
Resolved that the Supervisor is authorized to sign the ACAP Contract.
There was a discussion of the Senior Van that has now died. The Supervisor advised that there is $12-13,000.00 in the Reserve fund for the van and that there may still be a matching grant available for the replacement of the van.
Resolution 86 – 2012
Resolution Authorizing the Supervisor to Apply for a Grant for Replacement of the Old Senior Van, if such a grant is still available
On a motion by Councilman Wrisley, seconded by Councilman LaForest, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that the Supervisor is given authorization to apply for a matching grant to replace the Senior Van, if such a grant is still available.
Water Capital Project update – There was a discussion of where the Town was at regarding the new contracts that the Supervisor had drawn up to contract with the Fire Department regarding the wells for water on the Fire Department property. Frank Walls, Chairman of the Fire Commissioners advised the Town Board that the Fire Department already has a contract with the Town dated from 2009 and that is the only contract that they will honor. Councilpersons expressed their concern over the conflict surrounding the contract. It was agreed that the issue would be revisited at a Special Meeting and that the agreement must satisfy the Town as well as the Fire Department. The Supervisor said that she would advise the Fire Department of when the Special meeting would be.
Audit of Town Clerk, Zoning Officer, and Justice financial records for 2011 –
The Supervisor asked the Councilpersons who did the audit if they were satisfied with the audits that they conducted. Further, she advised them that they needed a resolution to pass that the audit had been completed and that it was in the packets that they initially received. Councilpersons LaPine and LaForest expressed that they were ready to sign on off on the audits that they conducted, however, they did not have the proper resolution before them. It was agreed that this would be tabled until the resolution could be drawn up using the official language needed.
Surplus Auction update – The Supervisor advised that Haroff Auctions, who are auctioning the Highway surplus, are behind and the site was not up yet. There was a discussion of the advertising for the auction in the local papers. The Supervisor said that she would find out and let the Board know.
BAR update – Supervisor Boisen advised that the date for Grievance Day has been changed to June 12, from 4-8 p.m. because the Town does not have a Board of Assessment Review in place at this time. She introduced the Chairman of the Board of Assessors, David Sayre, who read a statement on how the tentative assessments had been figured, which is included here:
Insert David’s letter here
Dianne Lansing, Assessor, advised that the Assessors have met with at least 50 people and have made compromises in these instances and have had those people sign compromise or stipulation agreements. Councilman LaForest asked if the Assessors were finished sitting with the roll. Mrs. Lansing said no, but people simply need to call them and they can come in anytime.
Councilman Wrisley asked how are we going to notify residents of the change? The Supervisor responded that we are going to advertise it. Dianne Lansing said that we don’t know who is coming in on that day and that she would like some kind of low cost mail out to everyone for that. Further she said that if it is the County’s responsibility, they should do it. Councilwoman LaPine asked why we can’t put out a simple notice that the date has been changed to June 12? Councilman LaForest moved for a mailing to all parcel owners. The Supervisor advised that no resolution was needed for a mailing.
New Business
McCauliff Road abandonment – The Supervisor advised that we don’t have an attorney to look at this letter from Bill Finucane, the attorney for the Conways. She spoke with Jim (Morgan) and he was under the impression that this was abandoned approximately 30 years ago and again in 2002. Guest Mike Pratt added that the Town should not totally abandon the road. The Supervisor said that we have to maintain storm drainage on the road but we don’t have to plow it. The Highway Department wants to fully abandon the road. Councilwoman LaPine said that it sounds like the Conways are concerned with the road because of the CATS organization promoting it as a hiking area and more people will be encouraged to use it. The Supervisor said that there is no way to get emergency vehicles in there. Councilman Wrisley explained that qualified abandonment of the road is full abandonment. Mr. Pratt said that if you give up that road, you will never get it back. There was a discussion of the abandonment of the McCauliff Road. Code Enforcement Officer, Lauren Murphy said that people go up there all the time. Councilman Wrisley suggested that the Town talk to John Deming to recommend an attorney and talk about it. The Supervisor said that she would contact Mr. Deming.
Consideration of Contract with HACH – The Supervisor advised the Board that they need a resolution authorizing her to sign the contract with HACH. Councilman LaForest asked if the amount of the contract fluctuates from year to year. The Supervisor responded that we also have a Sewer contract with HACH, but that we will double up on that next year when that contract comes up.
Resolution 87 – 2012
Resolution Authorizing the Supervisor to sign the HACH Contract
On a motion by Councilman Wrisley, seconded by Councilman LaForest, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that the Supervisor is authorized to sign the contract with HACH.
Resolution creating a water capital project with $50,000 from budgeted funds - The Supervisor said that we need a resolution to create a Water Capital Project to seek well water. We have been paying on the water project for many years. We need to create a “Water Capital Project”. Councilwoman LaPine asked if it was in the budget. The Supervisor responded that yes, it was in the contractual expenses on the third line down.
Resolution 88 – 2012
Resolution creating a Water Capital Project
On a motion by Councilman Wrisley to create a Water Capital Project, seconded by Councilwoman LaPine, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that the Essex Town Board has created a Water Capital Project budgeted for on line item W8310.
Consideration of Bill Bateman for ZBA – The Supervisor advised the Board that Bill Bateman has presented a letter of interest for the Zoning Board of Appeals and asked for a motion to appoint him.
Resolution 89 – 2012
Resolution of Appointment of Bill Bateman to the Zoning Board of Appeals
On a motion by Councilman Wrisley, seconded by Councilman LaForest, to appoint Mr. Bateman to the ZBA, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that Bill Bateman is a member of the Town of Essex Zoning Board of Appeals.
Supervisor Boisen related that Emily Phillips brought in a letter of interest for the ZBA.
Resolution 90 – 2012
Resolution of Appointment of Emily Phillips to the ZBA
On a motion to appoint by Councilman LaForest, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that Emily Phillips is appointed to the Town of Essex Zoning Board of Appeals.
The Supervisor asked Mr. Bateman if he was interested in Chairing the ZBA and Mr. Bateman answered in the affirmative. She then asked Mrs. Phillips if she would be the Secretary to the ZBA, and Mrs. Phillips agreed that she would.
911 Mailing – After some discussion, the Board agreed to use the Town bulk mail permit to mail the 911 disaster preparedness letters to the residents. The Supervisor said that she will contact Danny Benoit about the mailing. Councilwoman LaPine asked who was going to do the printing. Dianne Lansing advised that the County would print the information.
Supervisor Boisen said that she had spoken with Jim Morgan, the Highway Superintendent about a vehicle that he needs to have replaced for plowing for approximately $200,000.00. She advised the Board that she and Jim spoke with
M.A. Jerry about a lease with the savings passed on to the purchaser. The old vehicle has been repaired to the point of not being safe any longer. There was a discussion of a new vehicle and the need to consider other options as there is no money for this vehicle. The Supervisor asked if there was any other new business to bring up.
Councilman LaForest said that the Town people want to recognize retiring Postmaster, Gail Drinkwine and others, Dave Lansing and Lois Sayward, for their contributions to the Town. The Supervisor said that the Resolution of Appreciation for the Postmaster is appropriate and she would move that. However, the other two people would have to be discussed in executive session because of legal matters whereby a Resolution of Appreciation would not be appropriate.
Resolution 91 – 2012
Resolution of Appreciation of Gail Drinkwine, Retiring Essex Postmaster
On a motion by Supervisor Boisen, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that the Town Board recognizes Gail Drinkwine for her service to the people of the Town of Essex in her role as Postmaster for the last six years.
Audit of the Bills
Councilwoman LaPine questioned the bills that she had audited for payment earlier and asked the Supervisor about the accounts that some were charged to. Supervisor Boisen assured the Councilwoman that the correct account codes were being used. Councilwoman LaPine also questioned the bills paid in advance and advised that she had checked with the Bookkeepers’ trainer, Cathy Persons, on these issues. She said that she is trying to figure out the new bookkeeping system we are using. There was a discussion of what gets “pre-paid” and what does not as well as a discussion of what represented a capital project.
Councilman LaForest said that he had a letter from the Teamsters for a one-time payment to the Highway crew. He advised that he would bring the letter in. There was a discussion of the one-time payment.
The Supervisor asked for a motion to approve the bills for payment.
Resolution 92 – 2012
Resolution to Approve the Bills
On a motion by Councilman LaForest, seconded by Councilman Wrisley to approve the bills as presented for payment, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that the bills on Abstract 2012-5
PUT IN VOUCHER #’s and Fund AMOUNTS
Councilman Wrisley asked Tina Gardner, the Sewer Operator, about her monthly operating expenses particularly for propane purchases as he was just trying to get a general idea of it. Mrs. Gardner advised him that she has to run the generators once a week using propane and that some months she might pay more for chemicals.
Financial Reports
Town Clerk’s report – The Town Clerk’s report for April was reviewed and accepted.
Resolution 93 – 2012
Resolution to Accept the Town Clerk’s Monthly Report
On a motion by Councilman LaForest, seconded by Councilwoman LaPine to accept the Town Clerk’s monthly report as presented, the resolution is
ADOPTED: Yes – 4 No – 0
Water and Sewer Rents Report – The Water and Sewer Rents Report was presented by the Town Clerk as the last page in the Town Clerk’s report packet. The Water and Sewer Rents Report was reviewed and accepted.
Resolution 94 – 2012
Resolution to Accept the Water and Sewer Rents Report
On a motion by Councilman LaForest to accept the Water and Sewer Rents Report, seconded by Councilwoman LaPine, the resolution is ADOPTED: Yes – 4 No – 0
Supervisor’s Report – The Supervisor’s Report was reviewed. Councilwoman LaPine advised the Supervisor that there was a mistake at the bottom totals. Supervisor Boisen said that she would have LeeAnn check and correct it.
Resolution 95 – 2012
Resolution to Accept the Supervisor’s Report
Councilman LaForest moved to accept the Supervisor’s Report as corrected, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes – 4 No – 0
With nothing further to come before the Essex Town Board, the meeting is adjourned at 9:24 p.m.
Respectfully submitted by
Catherine DeWolff, Town Clerk
ESSEX TOWN BOARD
Regular Meeting
May 17, 2012
7:00 p.m.
Supervisor Boisen opened the meeting at 7:00 p.m. with the Pledge of Allegiance.
Present: Claire LaPine Councilwoman
Dr. James LaForest Councilman
Mark Wrisley Councilman
Sharon Boisen Supervisor
Absent: Harold MacDougal Councilman
Also Present: Catherine DeWolff Town Clerk
David Sayre Chairman Board of Assessors
Dianne Lansing Assessor
H. Nicholas Muller III Planning Board Member
David Hislop Planning Board Member
Lauren Murphy Zoning/Code Enforcement Officer
Guests: Katherine Clark, Dr. Colleen Van Hoven, Rick Dalton, Bonnie Monoski, Jane TerLouw, Mary Anne Schultz, Jan TerLouw, Julie Martin, Bill Bateman, Michael E. Pratt
Councilwoman LaPine offered a moment of silence on the passing of David Hance.
The Supervisor thanked Deputy Sheriff Rice for coming tonight.
Guest Speaker Julie Martin of BRASS
Ms. Martin spoke to the Board about the Bouquet River Watershed program with the five towns along the river: Elizabethtown, Lewis, Westport, Essex and Willsboro. She gave an overview of the grant project and of BRASS itself. She described the Watershed Project and the steps being implemented to facilitate it on behalf of the five towns.
Ms. Martin handed out a Planning Questionnaire to the Board and audience. The Supervisor suggested that copies of the questionnaire be available in the Town Hall so that residents can fill it out and return it to BRASS. The questionnaire’s results will be an important step in implementing the Watershed plan. With no questions from the Board, the Supervisor thanked Julie Martin.
Approval of Minutes
The minutes of the April 10th and April 13th Special Meetings of the Town Board were considered with April 19th’s tabled until next month.
Resolution 84 – 2012
Resolution Accepting the Minutes of April 10, 2012 and April 13, 2012
On a motion by Councilwoman LaPine to approve and accept the minutes of April10,2012 and April 13, 2012 Special Meetings of the Essex Town Board, seconded by Councilman Wrisley, the Resolution is ADOPTED: Yes-4 No-0
Zoning Officer’s Report – April 2012
Lauren Murphy presented her April report to the Town Board.
Supervisor’s County Report
Supervisor Boisen briefed the Board on the Horace Nye committee. There was a discussion of the bidding process for the Horace Nye home.
The Supervisor added that there will be no beer at the Essex County Fair this year.
Old Business
Old Stone Church – The Supervisor advised the Board that we discussed this last month and that she has looked at the Grange Hall as a possibility for re-locating the Senior’s program. Councilwoman LaPine asked if there would be a conflict with them cooking at the Grange since they have already leased out their kitchen. Councilwoman wanted this point to be clear if the Seniors would be using the Grange. There was a discussion about getting the ball rolling on declaring the Old Church building as a redundancy to the Town. There was a discussion of whether or not the building could still be used for events by the public as well as if there were any existing easements to the building. It was determined that there are no longer any easements on the building. However, there is a Preservation Covenant on the property which would require State approval of the sale as well as condition any new owner of the property. The Supervisor advised that the Town will be obtaining a professional appraisal of the property and that proper procedures will be followed including that the sale of the property will be subject to a permissive referendum. Rick Dalton, owner of the Essex Inn and CFES, spoke about the mission of College for Every Student and their desire to purchase the Old Stone Church.
Resolution 85 -2012
Resolution Declaring the Old Stone Church Building No Longer Useful to the Town of Essex
On a motion by Councilman LaForest to start the process and deem the Old Stone Church as no longer useful to the Town of Essex, seconded by Councilwoman LaPine, the resolution is ADOPTED:
Yes – 4 No – 0
There was a discussion of getting the appraisal for the Old Stone Church building. It was agreed that the minimum starting bid for the sale of the building would start with whatever the appraisal came in at. Further, it was agreed that there would be a Special Meeting of the Town Board, forthcoming, to discuss and accept the appraisal process.
ACAP Agreement – There was a discussion of signing the annual contract with ACAP for the Senior Center.
Resolution 86 – 2012
Resolution Authorizing the Supervisor to Sign the ACAP Contract
On a motion by Councilman LaForest authorizing the Supervisor to sign the annual ACAP contract, seconded by Councilman Wrisley, the resolution is ADOPTED:
Yes – 4 No -0
Resolved that the Supervisor is authorized to sign the ACAP Contract.
There was a discussion of the Senior Van that has now died. The Supervisor advised that there is $12-13,000.00 in the Reserve fund for the van and that there may still be a matching grant available for the replacement of the van.
Resolution 86 – 2012
Resolution Authorizing the Supervisor to Apply for a Grant for Replacement of the Old Senior Van, if such a grant is still available
On a motion by Councilman Wrisley, seconded by Councilman LaForest, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that the Supervisor is given authorization to apply for a matching grant to replace the Senior Van, if such a grant is still available.
Water Capital Project update – There was a discussion of where the Town was at regarding the new contracts that the Supervisor had drawn up to contract with the Fire Department regarding the wells for water on the Fire Department property. Frank Walls, Chairman of the Fire Commissioners advised the Town Board that the Fire Department already has a contract with the Town dated from 2009 and that is the only contract that they will honor. Councilpersons expressed their concern over the conflict surrounding the contract. It was agreed that the issue would be revisited at a Special Meeting and that the agreement must satisfy the Town as well as the Fire Department. The Supervisor said that she would advise the Fire Department of when the Special meeting would be.
Audit of Town Clerk, Zoning Officer, and Justice financial records for 2011 –
The Supervisor asked the Councilpersons who did the audit if they were satisfied with the audits that they conducted. Further, she advised them that they needed a resolution to pass that the audit had been completed and that it was in the packets that they initially received. Councilpersons LaPine and LaForest expressed that they were ready to sign on off on the audits that they conducted, however, they did not have the proper resolution before them. It was agreed that this would be tabled until the resolution could be drawn up using the official language needed.
Surplus Auction update – The Supervisor advised that Haroff Auctions, who are auctioning the Highway surplus, are behind and the site was not up yet. There was a discussion of the advertising for the auction in the local papers. The Supervisor said that she would find out and let the Board know.
BAR update – Supervisor Boisen advised that the date for Grievance Day has been changed to June 12, from 4-8 p.m. because the Town does not have a Board of Assessment Review in place at this time. She introduced the Chairman of the Board of Assessors, David Sayre, who read a statement on how the tentative assessments had been figured, which is included here:
Insert David’s letter here
Dianne Lansing, Assessor, advised that the Assessors have met with at least 50 people and have made compromises in these instances and have had those people sign compromise or stipulation agreements. Councilman LaForest asked if the Assessors were finished sitting with the roll. Mrs. Lansing said no, but people simply need to call them and they can come in anytime.
Councilman Wrisley asked how are we going to notify residents of the change? The Supervisor responded that we are going to advertise it. Dianne Lansing said that we don’t know who is coming in on that day and that she would like some kind of low cost mail out to everyone for that. Further she said that if it is the County’s responsibility, they should do it. Councilwoman LaPine asked why we can’t put out a simple notice that the date has been changed to June 12? Councilman LaForest moved for a mailing to all parcel owners. The Supervisor advised that no resolution was needed for a mailing.
New Business
McCauliff Road abandonment – The Supervisor advised that we don’t have an attorney to look at this letter from Bill Finucane, the attorney for the Conways. She spoke with Jim (Morgan) and he was under the impression that this was abandoned approximately 30 years ago and again in 2002. Guest Mike Pratt added that the Town should not totally abandon the road. The Supervisor said that we have to maintain storm drainage on the road but we don’t have to plow it. The Highway Department wants to fully abandon the road. Councilwoman LaPine said that it sounds like the Conways are concerned with the road because of the CATS organization promoting it as a hiking area and more people will be encouraged to use it. The Supervisor said that there is no way to get emergency vehicles in there. Councilman Wrisley explained that qualified abandonment of the road is full abandonment. Mr. Pratt said that if you give up that road, you will never get it back. There was a discussion of the abandonment of the McCauliff Road. Code Enforcement Officer, Lauren Murphy said that people go up there all the time. Councilman Wrisley suggested that the Town talk to John Deming to recommend an attorney and talk about it. The Supervisor said that she would contact Mr. Deming.
Consideration of Contract with HACH – The Supervisor advised the Board that they need a resolution authorizing her to sign the contract with HACH. Councilman LaForest asked if the amount of the contract fluctuates from year to year. The Supervisor responded that we also have a Sewer contract with HACH, but that we will double up on that next year when that contract comes up.
Resolution 87 – 2012
Resolution Authorizing the Supervisor to sign the HACH Contract
On a motion by Councilman Wrisley, seconded by Councilman LaForest, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that the Supervisor is authorized to sign the contract with HACH.
Resolution creating a water capital project with $50,000 from budgeted funds - The Supervisor said that we need a resolution to create a Water Capital Project to seek well water. We have been paying on the water project for many years. We need to create a “Water Capital Project”. Councilwoman LaPine asked if it was in the budget. The Supervisor responded that yes, it was in the contractual expenses on the third line down.
Resolution 88 – 2012
Resolution creating a Water Capital Project
On a motion by Councilman Wrisley to create a Water Capital Project, seconded by Councilwoman LaPine, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that the Essex Town Board has created a Water Capital Project budgeted for on line item W8310.
Consideration of Bill Bateman for ZBA – The Supervisor advised the Board that Bill Bateman has presented a letter of interest for the Zoning Board of Appeals and asked for a motion to appoint him.
Resolution 89 – 2012
Resolution of Appointment of Bill Bateman to the Zoning Board of Appeals
On a motion by Councilman Wrisley, seconded by Councilman LaForest, to appoint Mr. Bateman to the ZBA, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that Bill Bateman is a member of the Town of Essex Zoning Board of Appeals.
Supervisor Boisen related that Emily Phillips brought in a letter of interest for the ZBA.
Resolution 90 – 2012
Resolution of Appointment of Emily Phillips to the ZBA
On a motion to appoint by Councilman LaForest, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that Emily Phillips is appointed to the Town of Essex Zoning Board of Appeals.
The Supervisor asked Mr. Bateman if he was interested in Chairing the ZBA and Mr. Bateman answered in the affirmative. She then asked Mrs. Phillips if she would be the Secretary to the ZBA, and Mrs. Phillips agreed that she would.
911 Mailing – After some discussion, the Board agreed to use the Town bulk mail permit to mail the 911 disaster preparedness letters to the residents. The Supervisor said that she will contact Danny Benoit about the mailing. Councilwoman LaPine asked who was going to do the printing. Dianne Lansing advised that the County would print the information.
Supervisor Boisen said that she had spoken with Jim Morgan, the Highway Superintendent about a vehicle that he needs to have replaced for plowing for approximately $200,000.00. She advised the Board that she and Jim spoke with
M.A. Jerry about a lease with the savings passed on to the purchaser. The old vehicle has been repaired to the point of not being safe any longer. There was a discussion of a new vehicle and the need to consider other options as there is no money for this vehicle. The Supervisor asked if there was any other new business to bring up.
Councilman LaForest said that the Town people want to recognize retiring Postmaster, Gail Drinkwine and others, Dave Lansing and Lois Sayward, for their contributions to the Town. The Supervisor said that the Resolution of Appreciation for the Postmaster is appropriate and she would move that. However, the other two people would have to be discussed in executive session because of legal matters whereby a Resolution of Appreciation would not be appropriate.
Resolution 91 – 2012
Resolution of Appreciation of Gail Drinkwine, Retiring Essex Postmaster
On a motion by Supervisor Boisen, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that the Town Board recognizes Gail Drinkwine for her service to the people of the Town of Essex in her role as Postmaster for the last six years.
Audit of the Bills
Councilwoman LaPine questioned the bills that she had audited for payment earlier and asked the Supervisor about the accounts that some were charged to. Supervisor Boisen assured the Councilwoman that the correct account codes were being used. Councilwoman LaPine also questioned the bills paid in advance and advised that she had checked with the Bookkeepers’ trainer, Cathy Persons, on these issues. She said that she is trying to figure out the new bookkeeping system we are using. There was a discussion of what gets “pre-paid” and what does not as well as a discussion of what represented a capital project.
Councilman LaForest said that he had a letter from the Teamsters for a one-time payment to the Highway crew. He advised that he would bring the letter in. There was a discussion of the one-time payment.
The Supervisor asked for a motion to approve the bills for payment.
Resolution 92 – 2012
Resolution to Approve the Bills
On a motion by Councilman LaForest, seconded by Councilman Wrisley to approve the bills as presented for payment, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that the bills on Abstract 2012-5
PUT IN VOUCHER #’s and Fund AMOUNTS
Councilman Wrisley asked Tina Gardner, the Sewer Operator, about her monthly operating expenses particularly for propane purchases as he was just trying to get a general idea of it. Mrs. Gardner advised him that she has to run the generators once a week using propane and that some months she might pay more for chemicals.
Financial Reports
Town Clerk’s report – The Town Clerk’s report for April was reviewed and accepted.
Resolution 93 – 2012
Resolution to Accept the Town Clerk’s Monthly Report
On a motion by Councilman LaForest, seconded by Councilwoman LaPine to accept the Town Clerk’s monthly report as presented, the resolution is
ADOPTED: Yes – 4 No – 0
Water and Sewer Rents Report – The Water and Sewer Rents Report was presented by the Town Clerk as the last page in the Town Clerk’s report packet. The Water and Sewer Rents Report was reviewed and accepted.
Resolution 94 – 2012
Resolution to Accept the Water and Sewer Rents Report
On a motion by Councilman LaForest to accept the Water and Sewer Rents Report, seconded by Councilwoman LaPine, the resolution is ADOPTED: Yes – 4 No – 0
Supervisor’s Report – The Supervisor’s Report was reviewed. Councilwoman LaPine advised the Supervisor that there was a mistake at the bottom totals. Supervisor Boisen said that she would have LeeAnn check and correct it.
Resolution 95 – 2012
Resolution to Accept the Supervisor’s Report
Councilman LaForest moved to accept the Supervisor’s Report as corrected, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes – 4 No – 0
With nothing further to come before the Essex Town Board, the meeting is adjourned at 9:24 p.m.
Respectfully submitted by
Catherine DeWolff, Town Clerk
ESSEX TOWN BOARD
Regular Meeting
May 17, 2012
7:00 p.m.
Supervisor Boisen opened the meeting at 7:00 p.m. with the Pledge of Allegiance.
Present: Claire LaPine Councilwoman
Dr. James LaForest Councilman
Mark Wrisley Councilman
Sharon Boisen Supervisor
Absent: Harold MacDougal Councilman
Also Present: Catherine DeWolff Town Clerk
David Sayre Chairman Board of Assessors
Dianne Lansing Assessor
H. Nicholas Muller III Planning Board Member
David Hislop Planning Board Member
Lauren Murphy Zoning/Code Enforcement Officer
Guests: Katherine Clark, Dr. Colleen Van Hoven, Rick Dalton, Bonnie Monoski, Jane TerLouw, Mary Anne Schultz, Jan TerLouw, Julie Martin, Bill Bateman, Michael E. Pratt
Councilwoman LaPine offered a moment of silence on the passing of David Hance.
The Supervisor thanked Deputy Sheriff Rice for coming tonight.
Guest Speaker Julie Martin of BRASS
Ms. Martin spoke to the Board about the Bouquet River Watershed program with the five towns along the river: Elizabethtown, Lewis, Westport, Essex and Willsboro. She gave an overview of the grant project and of BRASS itself. She described the Watershed Project and the steps being implemented to facilitate it on behalf of the five towns.
Ms. Martin handed out a Planning Questionnaire to the Board and audience. The Supervisor suggested that copies of the questionnaire be available in the Town Hall so that residents can fill it out and return it to BRASS. The questionnaire’s results will be an important step in implementing the Watershed plan. With no questions from the Board, the Supervisor thanked Julie Martin.
Approval of Minutes
The minutes of the April 10th and April 13th Special Meetings of the Town Board were considered with April 19th’s tabled until next month.
Resolution 84 – 2012
Resolution Accepting the Minutes of April 10, 2012 and April 13, 2012
On a motion by Councilwoman LaPine to approve and accept the minutes of April10,2012 and April 13, 2012 Special Meetings of the Essex Town Board, seconded by Councilman Wrisley, the Resolution is ADOPTED: Yes-4 No-0
Zoning Officer’s Report – April 2012
Lauren Murphy presented her April report to the Town Board.
Supervisor’s County Report
Supervisor Boisen briefed the Board on the Horace Nye committee. There was a discussion of the bidding process for the Horace Nye home.
The Supervisor added that there will be no beer at the Essex County Fair this year.
Old Business
Old Stone Church – The Supervisor advised the Board that we discussed this last month and that she has looked at the Grange Hall as a possibility for re-locating the Senior’s program. Councilwoman LaPine asked if there would be a conflict with them cooking at the Grange since they have already leased out their kitchen. Councilwoman wanted this point to be clear if the Seniors would be using the Grange. There was a discussion about getting the ball rolling on declaring the Old Church building as a redundancy to the Town. There was a discussion of whether or not the building could still be used for events by the public as well as if there were any existing easements to the building. It was determined that there are no longer any easements on the building. However, there is a Preservation Covenant on the property which would require State approval of the sale as well as condition any new owner of the property. The Supervisor advised that the Town will be obtaining a professional appraisal of the property and that proper procedures will be followed including that the sale of the property will be subject to a permissive referendum. Rick Dalton, owner of the Essex Inn and CFES, spoke about the mission of College for Every Student and their desire to purchase the Old Stone Church.
Resolution 85 -2012
Resolution Declaring the Old Stone Church Building No Longer Useful to the Town of Essex
On a motion by Councilman LaForest to start the process and deem the Old Stone Church as no longer useful to the Town of Essex, seconded by Councilwoman LaPine, the resolution is ADOPTED:
Yes – 4 No – 0
There was a discussion of getting the appraisal for the Old Stone Church building. It was agreed that the minimum starting bid for the sale of the building would start with whatever the appraisal came in at. Further, it was agreed that there would be a Special Meeting of the Town Board, forthcoming, to discuss and accept the appraisal process.
ACAP Agreement – There was a discussion of signing the annual contract with ACAP for the Senior Center.
Resolution 86 – 2012
Resolution Authorizing the Supervisor to Sign the ACAP Contract
On a motion by Councilman LaForest authorizing the Supervisor to sign the annual ACAP contract, seconded by Councilman Wrisley, the resolution is ADOPTED:
Yes – 4 No -0
Resolved that the Supervisor is authorized to sign the ACAP Contract.
There was a discussion of the Senior Van that has now died. The Supervisor advised that there is $12-13,000.00 in the Reserve fund for the van and that there may still be a matching grant available for the replacement of the van.
Resolution 86 – 2012
Resolution Authorizing the Supervisor to Apply for a Grant for Replacement of the Old Senior Van, if such a grant is still available
On a motion by Councilman Wrisley, seconded by Councilman LaForest, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that the Supervisor is given authorization to apply for a matching grant to replace the Senior Van, if such a grant is still available.
Water Capital Project update – There was a discussion of where the Town was at regarding the new contracts that the Supervisor had drawn up to contract with the Fire Department regarding the wells for water on the Fire Department property. Frank Walls, Chairman of the Fire Commissioners advised the Town Board that the Fire Department already has a contract with the Town dated from 2009 and that is the only contract that they will honor. Councilpersons expressed their concern over the conflict surrounding the contract. It was agreed that the issue would be revisited at a Special Meeting and that the agreement must satisfy the Town as well as the Fire Department. The Supervisor said that she would advise the Fire Department of when the Special meeting would be.
Audit of Town Clerk, Zoning Officer, and Justice financial records for 2011 –
The Supervisor asked the Councilpersons who did the audit if they were satisfied with the audits that they conducted. Further, she advised them that they needed a resolution to pass that the audit had been completed and that it was in the packets that they initially received. Councilpersons LaPine and LaForest expressed that they were ready to sign on off on the audits that they conducted, however, they did not have the proper resolution before them. It was agreed that this would be tabled until the resolution could be drawn up using the official language needed.
Surplus Auction update – The Supervisor advised that Haroff Auctions, who are auctioning the Highway surplus, are behind and the site was not up yet. There was a discussion of the advertising for the auction in the local papers. The Supervisor said that she would find out and let the Board know.
BAR update – Supervisor Boisen advised that the date for Grievance Day has been changed to June 12, from 4-8 p.m. because the Town does not have a Board of Assessment Review in place at this time. She introduced the Chairman of the Board of Assessors, David Sayre, who read a statement on how the tentative assessments had been figured, which is included here:
Essex Assessment Project
We began our Reassessment Project for the 2012 Tentative Assessment Roll in the spring of 2011 with inventory data collection for every property in the Town of Essex. Consistency and uniformity for every parcel was a key part of this project. We looked at 3 areas to achieve this:
1. Land characteristics, such as lot size, use, and disirability
2. Improvement characteristics, such as SFLA, year built, construction quality and outbuildings
3. Location, particularly market area and neighborhood
The importance of current and accurate data cannot be overemphasized. More than anything else, the success of systematic analysis and the accuracy and uniformity of assessments rests on accurate data as of March 1, 2012 which is taxable status date. All properties in NYS are assessed as to their physical condition and use on this date. Any changes in data after this date are reflected on the next years assessment roll.
In the next phase of the project we analyzed 5 years worth of sales. Any sales that were not arms length (willing seller and a willing buyer) were removed from the study. We also looked at the inventory on the sales to make sure that it reflected it as it was at the time that it sold. Older sales were time adjusted to bring them to the price they would sell for as of July 1, 2011 which is valuation date as required by Section 301 of the RPTL.
Next we conducted a sale ratio study to determine what the relationship was between assessments at the time of sale and what they actually sold for to determine a level of assessment.
A land schedule was developed based on the sales. Then it was applied to the sales to make sure it was reflecting the sale price to see if any further adjustments were needed.
Once these adjustments were made it was then applied to all properties in town along with the building value to obtain an estimate of value using the computer aided mass appraisal software developed by NYS ORPTS. These were analyzed for consistency within various strata groupings, such as building style, location, age of homes, etc.
The next step in this process is to arrive at an estimate of value based on comparable sales. Properties were chosen as comparables based on their similarity but were adjusted for their differences.
From this process an assessed value was derived and notices were ent out to all property owners reflecting last years assessment compared to the 2012 tentative assessed value. Dates and times were set up to meet with property owners to discuss their updated inventory and assessment.
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Dianne Lansing, Assessor, advised that the Assessors have met with at least 50 people and have made compromises in these instances and have had those people sign compromise or stipulation agreements. Councilman LaForest asked if the Assessors were finished sitting with the roll. Mrs. Lansing said no, but people simply need to call them and they can come in anytime.
Councilman Wrisley asked how are we going to notify residents of the change? The Supervisor responded that we are going to advertise it. Dianne Lansing said that we don’t know who is coming in on that day and that she would like some kind of low cost mail out to everyone for that. Further she said that if it is the County’s responsibility, they should do it. Councilwoman LaPine asked why we can’t put out a simple notice that the date has been changed to June 12? Councilman LaForest moved for a mailing to all parcel owners. The Supervisor advised that no resolution was needed for a mailing.
New Business
McCauliff Road abandonment – The Supervisor advised that we don’t have an attorney to look at this letter from Bill Finucane, the attorney for the Conways. She spoke with Jim (Morgan) and he was under the impression that this was abandoned approximately 30 years ago and again in 2002. Guest Mike Pratt added that the Town should not totally abandon the road. The Supervisor said that we have to maintain storm drainage on the road but we don’t have to plow it. The Highway Department wants to fully abandon the road. Councilwoman LaPine said that it sounds like the Conways are concerned with the road because of the CATS organization promoting it as a hiking area and more people will be encouraged to use it. The Supervisor said that there is no way to get emergency vehicles in there. Councilman Wrisley explained that qualified abandonment of the road is full abandonment. Mr. Pratt said that if you give up that road, you will never get it back. There was a discussion of the abandonment of the McCauliff Road. Code Enforcement Officer, Lauren Murphy said that people go up there all the time. Councilman Wrisley suggested that the Town talk to John Deming to recommend an attorney and talk about it. The Supervisor said that she would contact Mr. Deming.
Consideration of Contract with HACH – The Supervisor advised the Board that they need a resolution authorizing her to sign the contract with HACH. Councilman LaForest asked if the amount of the contract fluctuates from year to year. The Supervisor responded that we also have a Sewer contract with HACH, but that we will double up on that next year when that contract comes up.
Resolution 87 – 2012
Resolution Authorizing the Supervisor to sign the HACH Contract
On a motion by Councilman Wrisley, seconded by Councilman LaForest, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that the Supervisor is authorized to sign the contract with HACH.
Resolution creating a water capital project with $50,000 from budgeted funds - The Supervisor said that we need a resolution to create a Water Capital Project to seek well water. We have been paying on the water project for many years. We need to create a “Water Capital Project”. Councilwoman LaPine asked if it was in the budget. The Supervisor responded that yes, it was in the contractual expenses on the third line down.
Resolution 88 – 2012
Resolution creating a Water Capital Project
On a motion by Councilman Wrisley to create a Water Capital Project, seconded by Councilwoman LaPine, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that the Essex Town Board has created a Water Capital Project budgeted for on line item W8310.
Consideration of Bill Bateman for ZBA – The Supervisor advised the Board that Bill Bateman has presented a letter of interest for the Zoning Board of Appeals and asked for a motion to appoint him.
Resolution 89 – 2012
Resolution of Appointment of Bill Bateman to the Zoning Board of Appeals
On a motion by Councilman Wrisley, seconded by Councilman LaForest, to appoint Mr. Bateman to the ZBA, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that Bill Bateman is a member of the Town of Essex Zoning Board of Appeals.
Supervisor Boisen related that Emily Phillips brought in a letter of interest for the ZBA.
Resolution 90 – 2012
Resolution of Appointment of Emily Phillips to the ZBA
On a motion to appoint by Councilman LaForest, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that Emily Phillips is appointed to the Town of Essex Zoning Board of Appeals.
The Supervisor asked Mr. Bateman if he was interested in Chairing the ZBA and Mr. Bateman answered in the affirmative. She then asked Mrs. Phillips if she would be the Secretary to the ZBA, and Mrs. Phillips agreed that she would.
911 Mailing – After some discussion, the Board agreed to use the Town bulk mail permit to mail the 911 disaster preparedness letters to the residents. The Supervisor said that she will contact Danny Benoit about the mailing. Councilwoman LaPine asked who was going to do the printing. Dianne Lansing advised that the County would print the information.
Supervisor Boisen said that she had spoken with Jim Morgan, the Highway Superintendent about a vehicle that he needs to have replaced for plowing for approximately $200,000.00. She advised the Board that she and Jim spoke with
M.A. Jerry about a lease with the savings passed on to the purchaser. The old vehicle has been repaired to the point of not being safe any longer. There was a discussion of a new vehicle and the need to consider other options as there is no money for this vehicle. The Supervisor asked if there was any other new business to bring up.
Councilman LaForest said that the Town people want to recognize retiring Postmaster, Gail Drinkwine and others, Dave Lansing and Lois Sayward, for their contributions to the Town. The Supervisor said that the Resolution of Appreciation for the Postmaster is appropriate and she would move that. However, the other two people would have to be discussed in executive session because of legal matters whereby a Resolution of Appreciation would not be appropriate.
Resolution 91 – 2012
Resolution of Appreciation of Gail Drinkwine, Retiring Essex Postmaster
On a motion by Supervisor Boisen, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that the Town Board recognizes Gail Drinkwine for her service to the people of the Town of Essex in her role as Postmaster for the last six years.
Audit of the Bills
Councilwoman LaPine questioned the bills that she had audited for payment earlier and asked the Supervisor about the accounts that some were charged to. Supervisor Boisen assured the Councilwoman that the correct account codes were being used. Councilwoman LaPine also questioned the bills paid in advance and advised that she had checked with the Bookkeepers’ trainer, Cathy Persons, on these issues. She said that she is trying to figure out the new bookkeeping system we are using. There was a discussion of what gets “pre-paid” and what does not as well as a discussion of what represented a capital project.
Councilman LaForest said that he had a letter from the Teamsters for a one-time payment to the Highway crew. He advised that he would bring the letter in. There was a discussion of the one-time payment.
The Supervisor asked for a motion to approve the bills for payment.
Resolution 92 – 2012
Resolution to Approve the Bills
On a motion by Councilman LaForest, seconded by Councilman Wrisley to approve the bills as presented for payment, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that the bills on Abstract 2012-5
Resolution to Approve the Bills
On a motion by Councilman LaForest, seconded by Councilman Wrisley to approve the bills as presented for payment, the resolution is ADOPTED: Yes – 4 No – 0
Resolved that the bills on Abstract 2012-5, voucher #223 and 225 to 286, are approved for payment.
Fund Prepaid Unpaid
General $13,984.79 $15,621.24
Highway $13,938.17 $20,891.95
Water $1,731.33 $2,997.41
Water Dist Ext#1 $0.00 $4,332.00
Essex Lights $690.96 $315.98
Whallonsburgh Lights $164.24 $155.31
Sewer Operating $89.33 $3,375.96
Sewer Capital $0.00 $11,992.40
T&A $650.80 $0.00
Totals $29,518.29 $59,682.25
Councilman Wrisley asked Tina Gardner, the Sewer Operator, about her monthly operating expenses particularly for propane purchases as he was just trying to get a general idea of it. Mrs. Gardner advised him that she has to run the generators once a week using propane and that some months she might pay more for chemicals.
Financial Reports
Town Clerk’s report – The Town Clerk’s report for April was reviewed and accepted.
Resolution 93 – 2012
Resolution to Accept the Town Clerk’s Monthly Report
On a motion by Councilman LaForest, seconded by Councilwoman LaPine to accept the Town Clerk’s monthly report as presented, the resolution is
ADOPTED: Yes – 4 No – 0
Water and Sewer Rents Report – The Water and Sewer Rents Report was presented by the Town Clerk as the last page in the Town Clerk’s report packet. The Water and Sewer Rents Report was reviewed and accepted.
Resolution 94 – 2012
Resolution to Accept the Water and Sewer Rents Report
On a motion by Councilman LaForest to accept the Water and Sewer Rents Report, seconded by Councilwoman LaPine, the resolution is ADOPTED: Yes – 4 No – 0
Supervisor’s Report – The Supervisor’s Report was reviewed. Councilwoman LaPine advised the Supervisor that there was a mistake at the bottom totals. Supervisor Boisen said that she would have LeeAnn check and correct it.
Resolution 95 – 2012
Resolution to Accept the Supervisor’s Report
Councilman LaForest moved to accept the Supervisor’s Report as corrected, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes – 4 No – 0
With nothing further to come before the Essex Town Board, the meeting is adjourned at 9:24 p.m.
Respectfully submitted by
Catherine DeWolff, Town Clerk