Regular Board Meeting
2/21/2013
The meeting was called to order at 7:06PM.
Supervisor Boisen led us in the Pledge to the Flag.
On roll call the Board members present were Councilwoman LaPine, Councilman MacDougal, Councilman Wrisley and Supervisor Boisen.
Visitors present at the meeting were Bonnie Monoski, Jane Terlouw,
Olive Alexander and John Bingham.
Councilwoman LaPine asked for a moment of silence for Anne Akeret.
Courtesy of the floor
John Bingham- Mr. Bingham wanted to address the Board about KFO. While reviewing the Comprehensive Plan for the Town he noticed that KFO was not addressed. He is concerned about this with what is going on in the dairy industry.
There seems to be a rush to expand KFO dairies. We are seeing dairies coming into this area from Canada because they can do more faster. He feels this could be dangerous to the Champlain Valley on both sides of the Lake. The Governor of NYS is proposing they go from 199 animals to 299 animals without changing the waste manage and all other aspects of the feed lots. Mr. Bingham feels the
Town should anticipate and put as much regulation on the KFO as it can under the law. In the case of public safety issues the Town can put more regulations on
than the State does. The Champlain Valley needs to be aware that this could happen put constraints on before the KFO happens here. He asked the Board to consider this issue and decide what their options are. Mr. Bingham said he would be happy to be on a committee to study this issue.
Approve Minutes
The January 21, 2013 Regular Board meeting minutes were tabled.
Approval of bills
The bills were discussed and a motion to accept bills as presented was made by Councilwoman LaPine. Seconded by Councilman Wrisley. Roll call Councilwoman
LaPine-yes, Councilman MacDougal-yes, Councilman Wrisley-yes and Supervisor
Boisen-yes.
Zoning Officer Report was tabled.
Supervisor County’s report
A casino is being considered for Essex County. Alcohol is being considered again at the fair grounds in Westport. The hiring of new employees is brought to the Board now, so that they know what positions are being filled. Horace Nye the contract is closer to being signed. The County is spending a lot of money on
Horace Nye to meet regulations.
Grange Hall committee met. Councilwoman LaPine stated that before anything can be done at the Grange, the Building and Grounds committee will need to meet and decide what needs to be done at each Town building. The Building
And Grounds committee will need to decide where and how much money can
be spent. Supervisor Boisen stated that the full Grange committee should meet and make recommendations as to what they feel is needed. Councilwoman LaPine requested a clearer report on their finances.
The construction debris the Town paid for was from the Grange Hall renovations.
$368 was the cost for disposal of the debris. There was trash in the debris and the
Highway men were reprimanded for having trash in with the debris. The Grange will need to be told only construction debris no trash.
The Personnel committee met tonight. Another meeting was scheduled for 3/14/2013 at 6PM.
Old Business
Resolution #21
Local Law #1 of 2013
The following resolution was offered by Councilman MacDougal, who moved its
adoption.
Be it resolved that the Town Board of the Town of Essex, Essex, NY adopts Local Law #1 of 2013 to supersede the incompatibility of the positions of Deputy Town Clerk and Bookkeeper; due to lack of people in Town with the skill sets, the willingness and availability necessary for the position of Deputy Town Clerk.
This resolution was duly seconded by Councilman Wrisley and was adopted.
Roll Call
Councilwoman LaPine-no
Councilman MacDougal-yes
Councilman Wrisley-yes
Supervisor Boisen-yes
Town Clerk, Audrey Hoskins appointed LeeAnn Hoskins Deputy Town
Clerk effective 1/1/2013.
ACAP has agreed to pay us $200 monthly rental for the Sr. Center.
Julie Napper who replaced Dennis has had to quit because of health reasons.
They are looking for someone to replace Julie, until then someone from ACAP
will cover each day until someone new is hired.
Resolution 22 of 2013
The following resolution was offered by Councilman Wrisley, who moved its adoption.
Be it resolved that the Town Board of the Town of Essex, NY authorizes Supervisor Boisen to sign the ACAP contract.
This resolution was duly seconded by Councilwoman LaPine.
Roll Call
Councilwoman LaPine-yes
Councilman MacDougal-yes
Councilman Wrisley-yes
Supervisor Boisen-yes
Resolution #23 of 2013
Life Flight Contract
Dated: 2/21/2013
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 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 Essex 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 $500.00 which represents the Town’s share for 2013; and be it
Further resolved: That the sum of $500.00 is hereby appropriated to Account No. 4540.4.1 for payment to North Country Life Flight, Inc.
Offered by Councilman Wrisley. Seconded by Councilman MacDougal and
was adopted.
Roll Call
Councilwoman LaPine-yes
Councilman MacDougal-yes
Councilman Wrisley-yes
Supervisor Boisen-yes
Bids for the tractor for Highway were opened on 2/20/2013. We received only one bid from Mountain View equipment, LLC in Plattsburgh, NY. The bid with a canopy was in the amount of $37,393.00. Jim Morgan went over the bid and decided to go with the tractor with a canopy. Without the canopy the price was $36,717.60.
Resolution # 24 of 2013
The following resolution was offered by Councilman MacDougal, who moved its adoption.
Be it resolved that the Town Board of Essex, NY awards the bid for a new tractor to Mt. View Equipment with a bid of $37,393.00.
The resolution was duly seconded by Councilman Wrisley, and was adopted.
Roll call
Councilwoman LaPine-yes
Councilman MacDougal-yes
Councilman Wrisley-yes
Supervisor Boisen-yes
New Business
The Comprehensive Plan was discussed. The grant usually pays for 75% of the work needed to update the plan. The Town would be responsible for about $6,000. The State wants Towns to update their plan every five years.
Resolution #25 of 2013
The following resolution was offered by Councilman MacDougal, who moved its adoption.
Be it resolved that the Town Board of the Town of Essex, NY authorizes Supervisor Boisen to apply for a grant to update the Town’s Comprehensive Plan.
This resolution was duly seconded by Councilwoman LaPine, and was adopted.
Roll Call
Councilwoman LaPine-yes
Councilman MacDougal-yes
Councilman Wrisley-yes
Supervisor Boisen-yes
The Board discussed John Bingham’s request and it was decided that further investigation as to what rights the Town has in the matter of KFO.
Resolution #26 of 2013
The following resolution was offered by Councilman Wrisley, who moved its adoption.
Be it resolved that the Town Board of the Town of Essex, NY authorizes Supervisor Boisen to sign the County Road Maintenance contract.
This resolution was duly seconded by Councilman MacDougal, and was adopted.
Roll Call
Councilwoman LaPine-yes
Councilman MacDougal-yes
Councilman Wrisley-yes
Supervisor Boisen-yes
The Town Board acknowledged the application to NYS for a license to sell alcohol by the Essex Shipyard Marina and Restaurant.
Resolution #27
Re: Town of Essex, Essex County, New York
Reimbursement Resolution – Water District No. 1 as Extended
REIMBURSEMENT INTENT RESOLUTION
At a regular meeting of the Town Board of the Town of Essex, Essex County, New York, held at Town Hall in Essex, New York, in said Town, on February 21, 2013 at 7o’clock PM Prevailing Time.
The meeting was called to order by Supervisor Boisen, and upon roll being called, the following were
PRESENT: Councilwomen LaPine, Councilman MacDougal, Councilman Wrisley
and Supervisor Boisen
ABSENT: Councilman Garvey
The following resolution was offered by Town Board Councilman MacDougal, who moved its adoption, seconded by Town Board Councilwoman La Pine, to‑wit
RESOLUTION DATED February 21, 2013.
RESOLUTION OF INTENT REGARDING THE TEMPORARY EXPENDITURE OF GENERAL FUND MONIES PRIOR TO THE PROPOSED SALE AND ISSUANCE OF GENERAL OBLIGATION BONDS AND/OR NOTES OF THE TOWN OF ESSEX, ESSEX COUNTY, NEW YORK, IN THE AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $132,360.00 FOR THE INVESTIGATION OF CONDITIONS IN CONNECTION WITH AN INCREASE AND IMPROVEMENT OF THE FACILITIES OF WATER DISTRICT NO 1, AS EXTENDED IN AND FOR SAID town.
WHEREAS, the Town of Essex, Essex County, New York (the “Town”), has the power and authority to issue general obligation bonds of the Town for the purpose of, among other things, paying the cost of the construction of a new well-based water supply system, including the installation of a water main/lateral together with water transmission lines, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, pursuant to the provisions of the Local Finance Law of the State of New York (the “Act”); and
WHEREAS, the Board of the Town is considering to proceed under the provisions of the Act to authorize, sell and issue its general obligation bonds and/or notes in anticipation thereof, to pay a portion of the cost of said purpose relating to investigation of conditions prior to determination of the water supply sites or sites, subject to the terms and conditions to be set forth in one or more bond resolutions in an aggregate principal new money amount expected at this time not to exceed $2,983,957 to be adopted thereafter in accordance with requirements of the Act; and
WHEREAS, the Internal Revenue Code of 1986, as amended, and the United States Treasury Department regulations promulgated there under (together, the “Code”) require that an issuer who intends to reimburse itself for monies to be advanced and expended for a capital project from the proceeds of a debt obligation of the issuer, adopt a declaration of official intent to so reimburse not later than sixty days after the payment of any such original expenditures paid with such advanced monies; and
WHEREAS, the Code provides that such declaration may be made in the form of a resolution of the issuer;
NOW, THEREFORE, BE IT RESOLVED, by the Board of the Town of Essex, Essex County, New York, as follows:
Section 1. The Town Board of the Town hereby finds and determines:
(a) By virtue of the Act, the Town has been vested with all powers necessary and convenient to carry out and effectuate the purposes and provisions of the Act and to exercise all powers granted to it under the Act.
(b) It is the intent of the Town to authorize, sell and issue its general obligation bonds and/or notes in the aggregate new money principal amount presented not to exceed $2,983,957 (the “Bonds” and the “Notes”) for the purpose of paying the cost of the investigation of the water supply conditions in connection with an increase and improvement of the facilities of Water District No. 1, as extended (the “Project”), pursuant to the provisions of the Act.
(c) It is expected that under Section 149(e) of the Code, interest on the Bonds and/or Notes will not be includable in gross income for federal income tax purposes.
(d) In anticipation of the issuance of the Bonds and/or Notes, the Town hereby states its intention to reimburse general fund monies of the Town heretofore and hereafter expended in an amount not to exceed $132,360.00 in connection with the Project including expenditures for the test well through the issuance of the Bonds and/or Notes, such reimbursement allocations to be made not later than eighteen months after the date the original expenditure is paid and such expenditure of general fund monies is hereby authorized pursuant to resolutions of this Town Board authorizing said Project.
Section 2. A copy of this resolution shall be placed on file in the office of the Town Clerk where the same shall be available for inspection during business hours.
Section 3. This resolution shall take effect immediately.
The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Councilwoman LaPine_________________ VOTING yes
Councilman MacDougal_______________ VOTING yes
Councilman Wrisley__________________ VOTING yes
Supervisor Boisen___________________ _VOTING yes
This resolution was thereupon declared duly adopted.
* * * * * * *
Valerie Mace and Calvin Cumm are agreeable to talk about test wells on their property. Braidlea Farm also agreeable to talk to us about a test well on their property on Block House Rd. We will need to study these properties to see which one the best option for our next test well. Supervisor Boisen asked to have the site where our water tower is to be checked to see if it is a site that might for the wells. This piece of property is owned by the Town.
Resolution #28 of 2013
The following resolution was offered by Councilman MacDougal, who moved its adoption.
Be it resolved that the Town Board of Essex, NY authorizes Supervisor Boisen to request USDA RD to de-obligate the Town of Essex Water District from its $100,000 loan and requests EFC to pay the loan off with funds the Town received from EFC.
This resolution was duly seconded by Councilman Wrisley, and was adopted.
Roll Call
Councilwoman LaPine-yes
Councilman MacDougal-yes
Councilman Wrisley-yes
Supervisor Boisen-yes
Supervisor Boisen stated that when homes are taken for taxes the County or
even I could not get information for an easement for a Town property. This
will help get the information that we have been unable to get.
Resolution#29 of 2013
The following RESOLUTION was adopted by the Town Board of the Town of Essex
At a regular meeting held on 2/21/2013:
Resolution 29
SUPPORT FOR NYS-CONTACT INFORMATION FOR VACANT STRUCTURES
On a motion made by Councilman MacDougal, seconded by Councilman Wrisley, the following was
ADOPTED AYES # 4 Councilwoman LaPine, Councilman MacDougal
Councilman Wrisley, Supervisor Boisen
NAYES #0
Resolved to support New York State regarding the proposed laws concerning contact information for vacant structures.
WHEREAS, vacant, abandoned and foreclosed homes and structures have proliferated throughout New York State over the last five years; and
WHEREAS, vacant structures that are not maintained for months at a time degrade and depreciate the value of the vacant structure as well as the value of surrounding properties; and
WHEREAS, lending institutions that hold mortgages on said vacant structures do not always provide the contact information of a responsible party; and
WHEREAS, Assembly Bill A.88 and Assembly Bill A.824, currently pending, would make it mandatory for lending institutions to provide contact information of responsible parties regarding vacant structures; and require good faith in obtaining a foreclosure; and
WHEREAS, the Town of _Essex Town Board supports the passage of said Bills.
NOW THEREFORE, BE IT RESOLVED that the town of Essex, NY hereby supports the passage of said Bills and respectfully requests that the State Representatives who represents constituents in the Town of Essex, NY support the passage of said Bills.
Copies of this resolution to be forwarded to Senator Betty Little, Assemblyman Dan Stec.
I, _Audrey Hoskins Town Clerk DO HEREBY CERTIFY, that the foregoing is a true copy of a Resolution passed by the Town Board of the Town of Essex, NY at its regular meeting held on 2/21/2013, and members of the Town Board had due notice of said meeting, and further that such resolution has been fully recorded in the Town Clerks books.
In Witness thereof, I have hereunto set my hand the 21st. day of February, 2013
Audrey Hoskins Town Clerk
Town of Essex, NY
Town Clerk – Tax Collector
The Town Clerk report was reviewed. The Tax Collector report was reviewed.
Motion to accept Town Clerk and Tax Collector reports was made by Councilman Wrisley. Seconded by Councilman MacDougal. Roll call Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman Wrisley-yes and Supervisor Boisen-
yes.
The Supervisor’s report was discussed. Councilwoman LaPine would like to talk to LeeAnn about the report. Supervisor Boisen advised Councilwoman LaPine that the report has not changed and asked to provide us with a copy of the report she likes as an example.
Motion to accept the supervisor’s report as presented was made by Councilman MacDougal. Seconded by Councilman Wrisley. Roll call Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman Wrisley-yes and Supervisor Boisen-yes.
The dormers that have been installed on the apartment at South Farm were discussed. Concerns were made about whether or not this had been brought before the Planning Board for approval.
Supervisor Boisen concerned that the assessor who works for South Farm also does the assessment. It seems this would be a conflict of interest.
Councilwoman LaPine asked why the checks from the Tax Collector were written to the Supervisor rather than being written to the individual accounts. Supervisor Boisen stated that OSC says that is the correct procedure to write checks.
The purchase of program to do a revenue report will cost $300. This was discussed and it will not be purchased.
There are corrections that need to be done to the water/sewer bills. LeeAnn
is working on getting the posting done, so the corrections can be made.
The pump stations will need to be cleaned this spring. A water source will need to be available to do the clean outs.
We will need to start saving money each year to build up a reserve fund for the
Waste Water Treatment Plant for repairs and replacement of equipment.
The heater at the lower building and the cost of propane was discussed.
The meeting was adjourned at 9:08PM.
Respectfully submitted Audrey Hoskins, Town Clerk
