The Town of Essex, NY » Meeting Minutes — The Town of Essex, NY

June 14, 2012 Special Town Board Meeting Minutes (Draft) (Attached)

olive — Sun, 15 Jul 2012 16:38:13 +0000

DRAFT

ESSEX TOWN BOARD

Special Meeting

June 14, 2012

7:00 p.m.

Supervisor Boisen opened the meeting at 7:00 p.m.

Present: Sharon Boisen Supervisor

Harold MacDougal Councilman

Claire LaPine Councilwoman

Dr. James LaForest Councilman

Mark Wrisley Councilman

Also Present: Catherine DeWolff Town Clerk

Guests: Jim Dougan, Reg Bedell, Fire Commissioners of District #1: Frank Walls, Barbara Kunzi, Kristin Kimball, Dianne Lansing, and 1Craig Jackson

Supervisor Boisen opened the Special Meeting at 7:00 p.m. The purpose of the meeting is to discuss the contract/easement agreement between the Town of Essex and Fire District #1 for the testing of and placement of wells on the Fire District’s property. There was a discussion between the Town Board and Fire Commissioners present from District #1 about signing the contract. The Fire Commissioners did not like the 10,000 gallon limit of tap water initially presented in the contract and were agreeable to the contract as presented except for the 10,000 limit.

Jim Dougan from AES described that a better figure might be 100,000 per year based on the usage of a single family home.

There was a discussion of a scenario of a state of emergency and if 100,000 per year would be enough in that type of situation.

It was agreed between the Town Board and the Fire Commissioners of Fire District #1 that the 100,000 gallons of free tap water per year added to the contract was sufficient.

Supervisor Boisen suggested that the Fire Commissioners pass a resolution accepting the contract. The Fire Commissions questioned whether the meeting was posted. Supervisor Boisen responded in the affirmative and that the notice made clear that both Boards were meeting.

Resolution by the Fire Commissioners of Fire District #1 Accepting the Contract with the Town of Essex for Wells.

On a motion by District 1 Fire Commissioner Craig Jackson, seconded by Commissioner Dianne Lansing, the resolution is ADOPTED by unanimous vote of the Fire Commissioners of District one: Yes-5 Wall, Kimball, Kunzi, Lansing, Jackson No-0

Resolved that the Fire Commissioners of District #1 in the Town of Essex accept the contract/lease agreement as presented by the Town of Essex including the change of 10,000 (ten thousand) gallons to 100,000 (one hundred thousand) per year of free tap water.

Resolution 101 – 2012

Resolution Accepting the Contract for Wells with Fire District #1

The Supervisor called for a resolution to accept the contract with Fire District #1 and change the wording to say 100,000 gallons of free tap water per year. So moved by Councilman Harold MacDougal, seconded by Councilman James LaForest, as well as authorizing the Supervisor to sign the contract with Fire District #1 the resolution is ADOPTED: Yes-5 LaPine, MacDougal, LaForest, Wrisley, Boisen No-0

Resolved that the Town of Essex has negotiated in good faith with and has agreed and accepted the contract with Fire District #1 for wells as amended to 100,000 gallons of tap water per year and which is made part of these minutes.

Frank Walls, Chairman of the Fire Commissioners of District #1 told Jim Dougan of AESNE that when the contractors are hired to do the work, the Commissioners would like a written contract with the contractors. Mr. Dougan agreed.

Attorney Reg Bedell brought up the question of what would happen if the Fire Dept. moved from that location, would they still be entitled to the free water and if the new owner of the property would also be entitled to free water. There was a discussion of whether the contract went with the Fire District’s property or with the Commissioners and Department who could sell the land and building and move to another location. There was a discussion of easements on the property. Reg Bedell suggested that those clarifications should be made part of the contract. Frank Walls said that as long as the Fire District moved within the Water District, they should get the free water. Councilman Mark Wrisley stated that if the Fire District dissolves, the taxpayers paid for that, it would have to come to the Town Board. It would be a new contract.

Supervisor Boisen told the Town Board that we are agreeing to this now and what happens later we will re-consider. Both Boards agreed.

The Supervisor clarified with Jim Dougan that all four potential wells would be on the Fire District property. Mr. Dougan responded, yes. There was a discussion of the 200’ circumference of well protection. Mr. Walls asked if that was just a buffer zone for the wells. Supervisor Boisen said yes, there has to be a 200’ circumference from the septic system.

With no further discussion, the Supervisor thanked the Fire Commissioners for coming and resolving the contract issues. The Fire Commissioners left the meeting at 7:45 p.m.

Supervisor Boisen advised the Town Board that they needed to discuss wells further.

Jim Dougan of AES said that the Fire District had a poor contract with the contractors while they were on their property during the sewer project; however, it was not AES’s fault. They, the Fire Commissioners, need to negotiate a good contract next time.

Supervisor Boisen relayed that she has spoken to Bond Council and we need a resolution for $75,000 (+/-) to borrow from the General Fund to pay for the test wells as finance law requires it.

Councilman LaForest queried that we want a resolution for an amount that may or may not be the amount we need for the test wells?

The Supervisor advised the Board that we passed the Resolution of Intent for the $2.9 M. We need to transfer money from one account to another to get the process going. The $75,000 figure should be enough to get that process started.

Resolution 102 – 2012

Resolution Authorizing the Supervisor to Transfer $75,000 from the General Fund to the Water Capital Project Fund for the test wells. On a motion by Councilman James LaForest, seconded by Councilman Harold MacDougal, the resolution is ADOPTED: Yes – 5 LaPine, MacDougal, LaForest, Wrisley, Boisen No-0

Resolved that the Supervisor is given the authority to transfer the funds described to start the process of securing the test wells.

There was a discussion that a resolution was needed authorizing AESNE to proceed with the RFP for the test wells.

Resolution 103 – 2012

Resolution Authorizing AESNE to proceed with the Request for Proposals for the Test Wells at the Fire District #1 property.

On a motion by Councilman Mark Wrisley, seconded by Councilwoman Claire LaPine, the resolution is ADOPTED: Yes-5 LaPine, MacDougal, LaForest, Wrisley, Boisen No-0

Resolved that the Town Board authorizes AESNE to proceed on their behalf with the request for proposals for the well drillers.

Dr. LaForest asked Jim Dougan if we had specs for the job. Mr. Dougan responded in the affirmative and that they will be getting a well driller very soon and the specs will eliminate some applicants. There was a discussion of the depth of the wells necessary which would preclude some drillers from the job. Further, he advised that AESNE will start developing the plans right away and be ready to go when the Town is ready.

The Supervisor brought up the rates for water. She advised that from the years 2003 to 2006 the debt service was billed ad valorem on the tax bills. She advised that we are researching this to see if this must occur and if so, we will make it right for 2013. Supervisor Boisen explained further that we cannot find when it changed to a billing procedure, but it is a project we are working on. There was a discussion of the rights of the APA.

With nothing further to come before the Essex Town Board, the Supervisor adjourned the meeting at 8:00 p.m.

Catherine DeWolff, Town Clerk

June 21, 2012 Town Board Meeting Minutes (Draft) (Attached)

olive — Sun, 15 Jul 2012 16:33:52 +0000

DRAFT

TOWN OF ESSEX

REGULAR MEETING

JUNE 21, 2012

7:00 p.m.

Supervisor Sharon Boisen called the meeting to order at 7:04 p.m.

PRESENT:

Supervisor Sharon Boisen

Councilman Mark Wrisley

Councilman Harold MacDougal

Councilman Dr. James LaForest

Councilwoman Claire LaPine

ALSO PRESENT: Catherine DeWolff – Town Clerk, Tina Gardner – Waste Water Treatment Plant Operator, Dianne Lansing – Assessor

GUESTS: Andrew Conte, Norma Goff, Chris Maron

Guest, Andrew Conte, a health expert working with Dr. Josh Schwartzberg and Champlain Medical Associates, gave an informative talk about healthy work places, occupational health, making sure employees are physically qualified to do the job before they are hired and costly claims that could be prevented through education, particularly for the senses, such as hearing. Mr. Conte spoke about drug testing in the workplace as well as how diabetics and epileptics are not qualified to be drivers. With no questions from the Town Board, Mr. Conte advised that he could be reached through Dr. Schwartzberg’s office.

The Supervisor offered the Courtesy of the Floor to the guests present. Norma Goff presented a letter from her son, Todd, giving copies to the Board, regarding Todd Goff’s involvement with the Old Stone Church. Todd Goff is currently serving overseas with the military and sent his letter via email. The Board told Mrs. Goff that they would consider Todd’s letter and corresponding report with regard to moving forward with the Old Stone Church.

There was a discussion of the minutes of the last three Town Board meetings of 4/19/12 Regular Meeting, 5/17/12 Regular Meeting and 5/31/12 Special Meeting. The Supervisor advised that Board that there were several minor revisions to the draft minutes that were corrected by the Supervisor and Town Clerk. The Board reviewed the revisions and accepted the minutes as revised.

Resolution 104 of 2012

Resolution Accepting the Minutes

On a motion by Councilman Mark Wrisley to accept the minutes of April 19, 2012, May 17, 2012 and May 31, 2012 and seconded by Councilwoman Claire LaPine, the resolution is ADOPTED: Yes – 5 LaPine, LaForest, MacDougal, Wrisley, Boisen

No – 0

Zoning Officer’s Report for May 2012 – The Supervisor advised the Town Board that the Zoning Officer’s report will be from meeting to meeting, but that the financials will be from month to month. There was a discussion of the report.

Resolution 105 of 2012

Resolution Accepting the Zoning Officer’s Report from May 2012

On a motion by Supervisor Sharon Boisen, seconded by Councilman Mark Wrisley, the Report of the Zoning Officer is accepted by unanimous vote and the resolution is ADOPTED: Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen No – 0

Supervisor’s County Report – The Supervisor related that the County will be conducting a storm drain test in the Town of Essex and will be working with an engineer to accomplish this. She further advised that next month we would have more information on it. There will be a vortex treatment of the water before it goes into the lake. There was a discussion of the treatment. Councilwoman Claire LaPine asked if they were sure that they wouldn’t be digging into the sewer lines. The Supervisor responded that it should be clear to them where the sewer lines are – we have “as built” plans. They will be tearing up the road, however, it should not affect any houses. Supervisor Boisen advised the Board that she would be happy to have them give a talk about it at a Town Board meeting. The County owns our storm drains and we are lucky to get this. It is important to let them know how the water flows here. There was a discussion of how the water runs down the streets after a storm, a rain barrel program, and disaster radios and how the new system will allow more communication in a disaster.

Old Business

Employee Policy Committee Update – Councilman Mark Wrisley advised the Board that it is on hold as they haven’t had the chance to meet yet.

Water Capital Project Update – There was a discussion of the 99 years lease. The Supervisor advised that Frank (Walls) had picked up the contract today and as soon as we have that, we will be all set.

Water/Sewer Rents Update – The Supervisor advised that we have some homeowners with dual purpose properties. Some of these people have expressed the opinion that it is not fair that they be charged as a multi-family house as their assessment shows that they are a single family property, however, with an accessory apartment. There was a discussion of this. Councilwoman Claire LaPine said that there is still two separate units – they rent it out. The Board agreed that even a mother-in-law apartment is still an additional unit and should be charged. The Supervisor said that she advised the homeowners that she would bring the issue before the Board for consideration and if you are happy with the rates the way they are, then I will let them know. Councilman Mark Wrisley said that if it was a hardship case, we would consider it, but if they are renting, they should be charged. Councilman LaForest indicated that he felt that mother-in-law apartments should not be treated as a separate unit as long as the user is not paying rent. Councilman Harold MacDougal advised that if it is two units, they should be charged. Further, if we get the meters working, that will no longer be a problem. The Supervisor asked if the Board wanted to consider a multi-family house with immediate family living in the other unit a single family rate. There was a discussion of discounts and hardship cases. Supervisor Boisen advised that the other water rent situation that has been brought to our attention was that when the bills went out in the past, that the debt service was being billed ad valorem based on assessed value. So, we went back, with the help of Cathy DeWolff and the County Clerk and we found that going back, we used to bill that way but we are still researching it. We have tried to find out exactly what happened in years’ past, however, the paperwork is missing from our records as well as out at the County level. We will get it right for the 2013 budget. We are figuring it out.

Dianne Lansing expressed that she is still in favor of water meters. Norma Goff asked if any of the meters were working. Supervisor Boisen explained that the meter project was never completed. We were of the understanding that all of the meters were working, but that is not the case. There are a lot that don’t work. We spent a lot of money on them, it has been awhile and we are still working on it. There was a discussion of the meter situation and how technology has advanced since the original project. Tina Gardner suggested that Rural Water be contacted in this regard.

Surplus Update – There was a discussion of the completed auction of the Highway surplus. Councilman Mark Wrisley expressed that there should have been more advertising done by the auctioneer in local papers. Supervisor Boisen said that we could do ourselves next time on Craig’s List.

Old Stone Church Appraisal Update – Councilman James LaForest related that the man doing the appraisal was ill with bronchial pneumonia but that he was sending an assistant out to do it. We have paperwork and he claims he can have a quick turnaround. There was a discussion of once we have the appraisal public hearings will have to be scheduled. Dr. LaForest further advised that the assessed value of the church is $162,000.00, so we know it will be right around that. The Supervisor explained that Parks and Recreation have first right of refusal on the property since that is where the Town got the money from to make improvements. Do we want a resolution to see if they want the property or should we get a letter from them saying they don’t want it? Dianne Lansing asked if Todd Goff’s letter would be made part of the minutes of this meeting. Dr. LaForest advised that when we have the public hearing, it will be a part of the testimony. Norma Goff said that we don’t want to do something that will get us into trouble with any group. There was further discussion. Supervisor Boisen said that the American Legion did dictate how the use would be. We will need an attorney to advise us on this process. Councilwoman Claire LaPine said that we need to hear from the people who gave us the money – I know Lauren said there was not a problem but I think we need to talk to these people first. Dr. LaForest said that we need to sign off on the reversion clause and we need clearance from the grantors and Parks and Recreation. Councilman LaForest requested that the Supervisor write to Parks and Recreation seeking a write-off. He said that the grant to fix the building would not have happened if there was not the reversion clause. The Supervisor advised that we need a letter to Parks and Recreation as to their interest. Further, she said that she will assure that we will do our due diligence in the best interest of the Town and the public. We could put a stipulation in a purchase contract with the agreement that the building should be used for the public. There was a discussion of leasing the building.

Resolution 106 of 2012

Resolution to Proceed with the Inquiry of the Old Stone Church

On a motion by Councilman James LaForest, seconded by Councilman Harold MacDougal, the resolution is ADOPTED: Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen No – 0

Resolved that the Town Board of Essex has unanimously agreed to authorize the Supervisor to proceed with the inquiry process with the grantors in regard to their interests in the Old Stone Church.

Board of Assessment Review – There was a discussion of reducing the number of members on the BAR from 5 to 3. It was decided that this action would be tabled until further discussion with the County.

McCauliffe Road Update – Councilman Mark Wrisley gave an explanation on qualified abandonment as being able to keep our options open as to what we want to use the road for in the future as opposed to full abandonment whereby the Town no longer has an interest and leaves the Town out of it. Fishing rights of the area were discussed. Councilman James LaForest said that he and Jim Morgan drove it and the culvert there was ok but the fence or gate can be there but that can’t be locked. They have installed giant beams across the road so that you can’t access the area toward Willsboro.

Chris Maron of Champlain Area Trails read the law on abandonment. Dr. LaForest asked Chris Maron about the legal implications if someone hiking on a CATS trail there gets hurt. There was a discussion that landowners are under no obligation to keep their property safe. Mr. Maron described CATS mission and showed the Town Board where their trails were in the area. He described how the trail on McCauliffe Road was one of the more easy and accessible trails in the system. He felt that the landowner in this situation is strongly opposed to having the trails near him. Further, Mr. Maron advised the Board that there is a benefit to the community in staying with the qualified abandonment of the road. He said that CATS volunteers clear trash and keep the trails maintained people support it.

Supervisor Boisen said that she will talk with Ed Hatch, Willsboro Supervisor, and send Attorney Finucane a letter saying that we would like to keep it a qualified abandoned road. She asked the Board if all agree to keep the road qualified abandoned and there was agreement by the Board.

Councilman LaForest noted that while the gate on the Willsboro end was unlocked, no vehicle, horse, snowmobile, etc., could pass because there was two giant beams across the gate, nor could the gate even open outwards. There was a discussion of the timbers blocking the Willsboro side and the Supervisor advised that will be in her letter. Assessor Dianne Lansing said that the Conways came to them for a possible remedy of this situation. Councilman Mark Wrisley asked if we want to get a lawyer involved to remove the timbers. Councilman Harold MacDougal said there is no need to get a lawyer. Let them know in a letter that they are blocking the road illegally and leave it at that.

Evacuation Education Consideration – The Supervisor advised that it would be nice to settle this tonight. Dr. LaForest asked if they are doing this in every town. The Supervisor responded, no that it appears we are the only ones being asked. Dr. LaForest wanted to find out if other fire departments are supporting this. If we are the only ones, then I don’t get it. Dianne Lansing said that it is coming from Dan Benoit who is the Fire Safety Coordinator. Councilman Harold MacDougal said that on the record, I think this is a waste of time and money. There was a discussion of whether or not other towns were doing this. The Supervisor said that that bottom line is do we want to use our bulk mail permit for this or not?

(Guest, Beth Schiller arrives in the meeting at 9:15 p.m.)

Dr. LaForest said let’s contact the fire departments to see if they are in support of this and if they both support it, I move the resolution for it.

Resolution 107 of 2012

Resolution to Approve the Use of the Town Bulk Permit and the Cost of $165 for the Evacuation Information only if the Fire Departments Support it

On a motion by Councilman James LaForest to approve the cost of $165 to print and mail the fire safety evacuation education information only if the fire departments support it, seconded by Councilman Mark Wrisley, the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-1 MacDougal

Town Hall Update – The Supervisor advised that Larry Blanchard had come back to fix what was discussed and his final bill is in the bills to be paid. Further, she said that she had learned that we need to use galvanized nails, which are more costly and they need to be painted over and spackled. The painters are finding rot where they are scraping. It will cost approximately $4-500 to fix the nail holes only. I think we should have them fix the siding as they find it while painting. It would be a better way to go than having it be part of the RFP for the rot. There was a discussion of lead paint. The Supervisor said that the crew went to lead paint abatement school. Dr. LaForest said that the $500 is not a lot of money for all that work to get done. There was a discussion of the galvanized nails and of the work that has already been done. Councilman Harold MacDougal expressed that under closer inspection he would think that $2,000 would be a better figure. The Supervisor clarified that it would be the $2,000 plus the $500 for nail holes. Would you agree that I could negotiate with him the amount not to exceed $2,500? I feel they are doing an excellent job and I am cringing about the rot they are finding. Councilwoman Claire LaPine said it should be $2,000 for the entire job.

Resolution 108 of 2012

Resolution Authorizing the Supervisor to Negotiate for Extra Replacement of Rotted Boards and the Filling of Nail Holes for the amount not to exceed $2,000

On a motion by Councilwoman LaPine, seconded by Councilman Harold MacDougal, the resolution is ADOPTED: Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen

No-0

The Supervisor advised the Board that Beth Schiller was here to talk about internet access from the water tower. Beth described her project would help those people who don’t have internet or satellite. It is a wireless technology used in third world countries. It would be a benefit to our community. She said she thought the top of the water tower might be a good opportunity, a good first start. The device used would be unobtrusive and not use a lot of electricity. Further, she said it would be a monthly service like anything else. The cost and the contract with Nextel were discussed as well as the speeds that would be provided subscribers. Councilman LaForest said he did not want to see different rates for Tower users and that he did not want to risk the Nextel contract when they found out that different rentals would be charged. Ms. Schiller said that cost is an issue and that she is not Nextel. She would be providing a community service and if there is a large rent bill, it would not work. Councilman Harold MacDougal advised that we need to investigate this first and go from there.

New Business

Resolution to congratulate Peter Schultz and colleagues for their receiving the IEEE Award for the Invention of Optical Fiber

Resolution 109 of 2012

Resolution of Congratulations to Essex Resident Peter C. Schultz for Receiving the Prestigious Milestone Award in Electrical Engineering and Computing for the Invention of Low Loss Optical Fiber

On a motion by Supervisor Sharon Boisen, seconded by Councilman Mark Wrisley, the resolution is ADOPTED: Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen No-0

Whereas the Town of Essex feels it appropriate and necessary to honor its residents for their superlative accomplishments, the Town Board, representing the residents of the Town of Essex hereby proudly and unanimously recognizes and applauds

Dr. Peter C. Schultz for receiving the IEEE Milestone Award for Low Loss Fiber Optics along with his co-inventors, Dr. Robert Maurer and Dr. Donald Keck, an invention that has impacted and changed the way the world communicates for the betterment and advancement of mankind.

Resolution authorizing RFP for insurance – The bi-annual insurance has come due and has prompted some discussion about renewal. The Supervisor expressed her dissatisfaction with Select and told the Board that NYMIR might be a better choice as they specialize in municipal insurance needs. There was a discussion of authorizing a RFP for insurance. There was a discussion of a cancellation clause and Dr. LaForest asked to see a copy of the RFP.

Resolution 110 of 2012

Resolution Authorizing a RFP for Insurance

On a motion by Councilman James LaForest, seconded by Councilman Mark Wrisley, the resolution to authorize Requests for Proposals for Insurance is ADOPTED: Yes-5

LaPine, LaForest, MacDougal, Wrisley, Boisen No-0

Resolved that the Essex Town Board has authorized the Supervisor to RFP for the town insurance.

Electronics and brush at Transfer Station discussion – The Supervisor advised that we don’t take accept electronics and don’t have any means of getting rid of it. The Transfer Station have been sending people to Westport, however, this week Dan Connell passed a resolution no longer accepting electronics from other towns. There was a discussion of options. The Supervisor said there is a company that will pick up the electronic waste but they have to have, and we have to provide, a covered storage area on site but other than that the service was free. We will have to let Puss know that they can no longer send anybody to Westport to get rid of their electronics.

There was a discussion of burning brush at the transfer station site of perhaps chipping it. The Supervisor advised that there are programs for community composting. During the discussion about chipping, Councilman LaForest suggested we could rent a chipper rather than buying. Councilwoman Claire LaPine said that they should talk to the guys who work up there. The Supervisor said that she will plan a meeting with Puss and what might work for them. There was a discussion of who will do the burning.

Discussion of the Bills

The Town Board having completed their Audit of the Claims on Abstract 2012-6 approve voucher #’s 287 to 343 with 343 replacing voided #324 for payment with no total change.

FUND Prepaid Paid

General $10,606.98 $18,243.28

Highway $0 $10,131.32

Water $17.77 $3,336.33

Essex Lights $298.27 $0

Whallonsburgh Lights $149.30 $0

Sewer Operating $0 $2,783.73

(Continued from page 7)

Sewer Capital $0 $2,449.50

Ground Water Capital $0 $1,378.50

Wrights Inn $2,035.50 $2,035.50

T&A $800.80 $0_______________

TOTALS $13,908.62 $40,358.16

Councilwoman Claire LaPine asked about the unemployment insurance. There was a discussion of the unemployment insurance. Councilman James LaForest questioned April’s Hiscock and Barclay bill for drawing up the fire district contracts. The Supervisor agreed that it was high, but didn’t know how to get around it as she didn’t know that we were well served by our local representation.

Resolution 111 of 2012

Resolution Authorizing the Payment of the Bills on Abstract 2012-6

On a motion by Councilman James LaForest, seconded by Councilman Harold MacDougal, the resolution to authorize the Supervisor to pay the bills on Abstract 2012-6 is ADOPTED: Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen No-0

Financial Reports

Town Clerk’s Report –

Resolution 112 of 2012

Resolution Accepting the Town Clerk’s Report

On a motion by Councilman James LaForest to accept the Town Clerk’s report as presented, seconded by Councilwoman Claire LaPine, the resolution is ADOPTED:

Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen No-0

Water and Sewer Rents Report –

Resolution 113 of 2012

Resolution Accepting the Water and Sewer Rents Report

On a motion by Councilman James LaForest to accept the Water and Sewer Rents report as presented, seconded by Councilman Mark Wrisley, the resolution is ADOPTED:

Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen No-0

Supervisor’s Report – There was a discussion of the Supervisor’s report and of the withdrawals and balances. Councilwoman Claire LaPine said that some of the figures aren’t adding up. Councilman Mark Wrisley advised that the figures need to be broken down further. The Supervisor said that she and LeeAnn will work on it.

Resolution 114 of 2012

Resolution Accepting the Supervisor’s Report

On a motion to accept the Supervisor’s Report as presented by Councilman James LaForest and seconded by Councilwoman Claire LaPine, the resolution is ADOPTED:

Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen No-0

Councilman LaForest said that a leasing agreement is something we should look at to buy the truck.

There was a discussion of the Close/Mallett family with regard to water. The Supervisor asked if a resolution was needed by Board to waive the water rents but not the sewer. Further she advised that if the funding agency dictates that they need a meter, we won’t read it. Councilman Mark Wrisley said that even if we don’t charge them for water, we need to read the meter and we should keep a record of it. The Supervisor passed out copies of the Nextel lease to the Board members. There was a discussion of Nextel.

On a motion by Councilman James LaForest to enter into executive session to discuss a legal matter, seconded by Supervisor Boisen, the Essex Town Board entered into executive session at 11:10 p.m.

On a motion to re-enter the regular meeting by Supervisor Boisen, seconded by Councilman James LaForest, the Town Board re-entered the regular meeting at 11:30 p.m. with no action taken.

With nothing further to come before the Board, the Supervisor adjourned the Regular Meeting of the Essex Town Board at 11:33 p.m.

Respectfully submitted by

Catherine DeWolff, Town Clerk

May 31, 2012 Special Town Board Meeting Minutes

olive — Tue, 03 Jul 2012 21:29:59 +0000

ESSEX TOWN BOARD

Special Meeting

May 31, 2012

3:00 p.m.

Supervisor Boisen opened the meeting at 3:00 p.m.

Present:

Sharon Boisen Supervisor

Harold MacDougal Councilman

Claire LaPine Councilwoman

Dr. James LaForest Councilman

Mark Wrisley Councilman

Also Present:

Catherine DeWolff Town Clerk

Dianne Lansing Assessor

Water Capital Project

The Town Council discussed the new contracts that had been drawn up with Fire District #1. It was agreed that the new contact/lease agreement would be acceptable to both parties. The Fire Commissioners will consider it at their June 5^th meeting. The Supervisor advised that as soon as the contract is signed, we can move forward with the test wells and that the Tarts are willing to offer well site easements on their property. She also advised the need to hire an attorney for the project. The Supervisor asked for a motion authorizing her to sign the contracts and move forward with the test wells.

Resolution 96 – 2012

Resolution Authorizing the Supervisor to Sign the Contract/Lease Agreement with Fire District #1

On a motion by Councilman MacDougal, seconded by Councilman Wrisley the resolution is ADOPTED: Yes – 5 No – 0

Resolved that Supervisor Boisen is authorized to sign the contract/lease agreement with Fire District #1 upon acceptance.

Resolution 97 – 2012

Resolution Authorizing the Supervisor to Move Forward with the Test Wells

On a motion by Councilman MacDougal, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes – 5 No – 0

Resolved that the Supervisor is given the authority to move forward with the test well process of the Water Capital Project.

Supervisor Boisen brought up the need for hiring an attorney for the project and suggested Hiscock & Barclay, a firm she is currently working with. Councilman LaForest suggested that the attorney be local. The Supervisor advised that she will try to find someone local in the next several weeks.

The Supervisor brought up the Water Rents and that she has been working diligently on getting the billing rates correct so that the bills could go out to the benefited users. It had been discovered that none of the benefited users had ever been charged for the Debt Service and that the Town needed to charge for this. The Supervisor presented a rate schedule for water and sewer based on qualifying classifications such as residential, small business, and large businesses. There was a discussion of the rates that will be charged for water and sewer according to the qualifying classifications. The impact of the marinas with regard to the water and sewer was discussed.

It was agreed that a letter should go out with the bills for water and sewer describing the rates being charged. There was a discussion of what the letters would say and because the 1^st quarter billing is late, whether both 1^st and 2^nd quarter bills should be combined on one bill rather than separately, a month apart.

Dianne Lansing brought up the question of the water meters and that when those are all in place the water billing will be fair and according to usage.

Resolution 98 – 2012

Resolution Setting Water and Sewer Rates

On a motion by Councilman MacDougal, seconded by Councilman Wrisley setting the Water and Sewer rates as presented by the Supervisor, the resolution is ADOPTED:

Yes – 5 No – 0

Resolved that the Water and Sewer Rates are accepted as presented on the qualifying classification schedule as presented by the Supervisor and attached hereto.

Consideration of Appraisal of Old Stone Church

Councilman LaForest advised that he called several appraisers, Rosenbaum, Gerard, Haffner and Fontana and they were all coming in at $1,500.00. David Fontana in Clifton Park was willing to do it for $1,200.00 and could start in a week. There was a discussion of hiring David Fontana to do the appraisal of the Old Stone Church. Councilman LaForest said that he would contact Mr. Fontana.

Resolution 99 – 2012

Resolution Authorizing the Supervisor to Contract with David Fontana, Armstrong Appraisals

On a motion by Councilman LaForest, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes – 4 No – 0 Abstain – 1 LaForest

Resolved that the Supervisor is authorized to contract with David Fontana of Armstrong Appraisals for a fee of $1,200.00, for an appraisal of the property owned by the Town of Essex known as the Old Stone Church.

Supervisor Boisen told the Board that she needed authorization to sign the painting contract with DE Siteworks Plus and to be able to pay the contractor according to the contract which might constitute a “pre-pay” billing situation. There was a discussion of what kind of paint was going to be used for the exterior of the building. The Supervisor said that she is concerned about the rot that was discovered during Larry Blanchard’s repair work. Further she advised that some of the repair work was unacceptable and would have to be fixed before final payment.

Councilman LaForest said that he did not want to add on to Blanchard’s contract to fix the rot. Councilwoman LaPine said that rot repair work has to be an RFP, Request for Proposal, rather than going out to bid. The Supervisor concurred that we will put out an RFP for the rot work.

Resolution 100 – 2012

Resolution Authorizing Requests for Proposals of the Rot Repair to the Town Hall

On a motion by Councilman MacDougal, seconded by Councilwoman LaPine, the resolution is ADOPTED: Yes – 5 No – 0

Resolved that the Town of Essex shall accept RFP’s for the repair of the recently uncovered existing rot to the exterior of the Town Hall.

Regarding the Supervisor’s request to pay DE Siteworks Plus as a pre-pay, there was a discussion of what bills can be pre-paid (paid in advance of Town Board audit of monthly bills) and which cannot in accordance with municipal law. Capital projects and projects over one year period of time can be paid in advance and without prior authorization.

The Supervisor asked that when a project is awarded and there is a resolution to award, that the resolution duly authorize the Supervisor to also sign the contract. The Council agreed this should be so and added to the wording of the resolutions.

Councilman LaForest said that he would like to write a grant to get a memorial flagpole installed on Beggs Point. The Board thought that an excellent idea.

There was a discussion of the meeting on June 4 between counsel and the appraisers in Albany and if there was any advantage to going to the meeting. The Supervisor advised that this was a normal process to hear the case so that each side can come to an agreement. Councilman MacDougal said that the Board should at least know what they are negotiating before the meeting as we have not seen the appraisal. Councilwoman LaPine asked if appraisers for both sides had access to all properties. The Supervisor responded yes.

On a motion to enter into executive session at 4:30 p.m. to discuss a legal matter by Councilwoman LaPine, seconded by Councilman LaForest

On a motion to re-enter the meeting at 4:42 p.m. by Councilman LaForest, seconded by Councilwoman LaPine, the Board re-entered the Special Meeting with no action taken.

Supervisor Boisen asked if there was anything further to come before the Board tonight.

With nothing further to come before the Essex Town Board, the Special Meeting is adjourned at 4:43 p.m.

Respectfully submitted by

Catherine DeWolff, Town Clerk

May 17, 2012 Town Board Meeting Minutes

olive — Tue, 03 Jul 2012 21:17:39 +0000

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 10^th and April 13^th Special Meetings of the Town Board were considered with April 19^th’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

Approval of Minutes

The minutes of the April 10^th and April 13^th Special Meetings of the Town Board were considered with April 19^th’s tabled until next month.

Resolution 84 – 2012

Resolution Accepting the Minutes of April 10, 2012 and April 13, 2012

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

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

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.

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.

Audit of Town Clerk, Zoning Officer, and Justice financial records for 2011 –

Insert David’s letter here

New Business

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 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.

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

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

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

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

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

Approval of Minutes

The minutes of the April 10^th and April 13^th Special Meetings of the Town Board were considered with April 19^th’s tabled until next month.

Resolution 84 – 2012

Resolution Accepting the Minutes of April 10, 2012 and April 13, 2012

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

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

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.

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.

Audit of Town Clerk, Zoning Officer, and Justice financial records for 2011 –

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.

***************

New Business

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 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.

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

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

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

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

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

June 7, 2012 Draft Minutes Planning Board Public Hearing and Regular Meeting

olive — Thu, 28 Jun 2012 16:32:56 +0000

DRAFT

TOWN OF ESSEX PLANNING BOARD

PUBLIC HEARINGS

JUNE 7, 2012

7:00 p.m.

Call to Order

Acting Chairman David Hislop called the Public Hearing to Order at 7:00 p.m.

Attendance

Derrick Wrisley, David Hislop, Mark Walker, Olive Alexander, H. Nicholas Muller III.

Excused absence: Pat Tivnan, James Van Hoven, Chairman

Also in Attendance: Catherine DeWolff, Town Clerk and Lauren Murphy, Zoning and Code Enforcement Officer

Guests: William R. Poppino, Jan Fortune, Andrea Green, Kevin Hall, Meredith Hanna, Joe Hanna, Sharp Swan, Deb Schrodt, Fred Schrodt

An email in regard to the actions before the Planning Board by absent Planning Board member, Pat Tivnan, was read and discussed and considered.

Fortune – Tax Map #49.15-1-13.000 – Site Plan Review application for an addition to the residence at 30 Albee Lane. Mrs. Fortune was in attendance to answer any questions about her project. A question arose about the proposed new septic. Lauren Murphy, Zoning/Code Officer advised the Board that the septic was part of the project and that all work will go through her. Mrs. Fortune told the Planning Board that she had filed the application for jurisdictional determination with the APA. The Board agreed that the results and any conditions and or restrictions are made part of the permit for this action. There were no further comments. On a motion by H. Nicholas Muller, III to close the Fortune public hearing, seconded by David Hislop, the motion carries by unanimous vote of the Town of Essex Planning Board.

Green – Tax Map #49.7-4-10.00 – Site Plan Review application to replace an existing cabin on Cannon Point and located at 1996/2006 Lakeshore Road. Andrea Green was in attendance as co-owner and authorized representative for Michael Green and Judy Gibson Noyes, co-owners and legal representatives. Acting Chairman David Hislop advised that he, Pat Tivnan and Code Officer Lauren Murphy visited the site and it was confusing about which building was the one being replaced. Ms. Green said it was the Ice House building being replaced but several buildings in the seasonal camp complex had been damaged by the micro-burst storm and cleaned up. Mr. Hislop asked about the septic and whether it would be pumped up hill. Ms. Green advised that her brother was designing the system. Sharp Swan said that he did the work out there and that Michael Green did the septic lower down so that it would not go up the hill. It was agreed that the design for the tie-in should be on file with Lauren Murphy, Town of Essex Code Enforcement Officer. Acting Chairman David Hislop asked about trees being cut down. Andrea Green responded that they do limb the trees but don’t cut down any trees. They will keep it private. There was a discussion of the footprint of the building and the screening of it from the lake. It was agreed that the current screening was sufficient and that the building will blend into the environment without any additional requirements. However, the APA non-jurisdictional determination #J2010-571 dated October 8, 2010 shall become part of the Planning Board permit and any conditions or restrictions set forth shall supercede, only if more restrictive, the determinations of the Town of Essex Planning Board. With no further comments, Mr. Muller motioned to close the Green public hearing, seconded by Derrick Wrisley and carried by unanimous vote of the Town of Essex Planning Board.

Hayes – Tax Map #48.2-1-10.2 – A Minor Subdivision application for the property at 187 Leaning Road. Kevin Hall, Land Surveyor and legal representative for the applicant, Austen Hayes, gave an overview of the minor three-lot subdivision. Mr. Muller asked whether the APA had approved that the third lot being conveyed with either Lot 1 or 2. Kevin Hall responded that yes, the APA did approve it.

Meredith and Joe Hanna spoke as neighbors of the project and advised the Town Board of the washouts that occur on the Leaning Road. Their concern was for the development of the lots and whether that would contribute to further erosion and washouts of the road. Acting Chairman David Hislop advised the Hanna’s that the action before the Planning Board was only for the subdivision of the property. Any future development will have to come before the Board when it occurs and at which time those kind of issues would be considered.

On a motion by H. Nicholas Muller, III to close the Hayes public hearing, seconded by David Hislop, the motion carries by unanimous vote of the Town of Essex Planning Board.

On a motion to close the Public Hearing Meeting of the Town of Essex Planning Board by Mark Walker, seconded by H. Nicholas Muller, III, the motion carries by unanimous vote of the Town of Essex Planning Board. The Public Hearing meeting is closed at 7:30 p.m.

Catherine DeWolff, Town Clerk

Recording Secretary

TOWN OF ESSEX PLANNING BOARD

REGULAR MEETING

JUNE 7, 2012

7:30 P.M.

Call to Order

Acting Chairman David Hislop called the Regular Meeting of the Essex Planning Board to Order at 7:30 p.m.

Attendance

Derrick Wrisley, David Hislop, Mark Walker, Olive Alexander, H. Nicholas Muller III

Excused Absence: Pat Tivnan, James Van Hoven, Chairman

Also in Attendance: Catherine DeWolff, Town Clerk and Lauren Murphy, Zoning and Code Enforcement Officer

Guests: William R. Poppino, Jan Fortune, Andrea Green, Kevin Hall, Meredith Hanna, Joe Hanna, Sharp Swan, Deb Schrodt, Fred Schrodt

Review and Acceptance of the Minutes of May 3, 2012. On a motion to accept the minutes of the May 3, 2012 meeting by Mark Walker, seconded by Olive Alexander, the motion carries majority vote with Derrick Wrisley abstaining.

Old Business

The Town of Essex Planning Board reviewed SEQRA and considered the draft permits on the completed applications presented as follows:

Draft Permit Project #2012-5 – Fortune – Tax Map #49.15-1-13.000 – Site Plan Review. The long form EAF was read and considered by the Planning Board in conformance with the State of New York Department of Environmental Conservation SEQRA Law and unanimously deemed a negative declaration on a motion by Derrick Wrisley and seconded by Olive Alexander.

The draft permit as presented by the secretary was read and considered.

On a motion by H. Nicholas Muller to adopt the draft permit as presented, seconded by Derrick Wrisley, the resolution carries by unanimous roll call vote: Aye 5 – Wrisley, Hislop, Walker, Alexander, Muller No – 0

Draft Permit Project #2012-6 – Green – Tax Map #49.7-4-10.000 – Site Plan Review

The long form EAF was read and considered by the Planning Board in conformance with the State of New York Department of Environmental Conservation SEQRA Law and unanimously deemed a negative declaration on a motion by H. Nicholas Muller III, seconded by Olive Alexander.

The draft permit as presented by the secretary was read and considered.

On a motion to accept the draft permit by H. Nicholas Muller III, seconded by Olive Alexander and put to a roll call vote, the resolution is adopted unanimously and the permit is accepted for issuance with the APA conditions applying. Vote: Aye 5 – Wrisley, Hislop, Walker, Alexander, Muller No – 0

Draft Permit Project #2012-7 – Hayes – Tax Map #48.2-1-10.2 – Minor Subdivision

The draft permit as presented by the secretary was read and considered. Acting Chairman Hislop read the permit conditions aloud and asked if the Board had any comments. There being none, David Hislop motioned to accept the draft permit as presented, seconded by Mark Walker and put to a roll call vote, the resolution is adopted unanimously. Vote: Aye 5 – Wrisley, Hislop, Walker, Alexander, Muller No – 0

Kevin Hall, L.S., asked about any restrictions with regard to the length of time that he had to file the map as he may have a delay. It was agreed that this would not be a problem.

New Business

Site Plan Review – Sign Permit Application – The Pink Pig, Lessee

Tax Map #40.65-3-5.200 John Doyle, Owner

The Planning Board considered the sign application of the Pink Pig, Lessee of John Doyle’s building at 2750 Essex Road, and deemed the application complete by unanimous vote on a motion by H. Nicholas Muller III and seconded by Derrick Wrisley.

There was a discussion of whether or not the applicant had to come back to Planning for the draft permit. It was agreed that the secretary shall draw up and issue the permit, waiving the draft, for the signs Pink Pig and Pink Petal as described in the application (21”H x 26” L).

On a motion by H. Nicholas Muller III to issue the permit, seconded by Derrick Wrisley, the resolution is adopted by unanimous vote: 5-Aye No-0. Resolved that the secretary shall issue the sign permit without the applicant having to come back to Planning Board to vote the acceptance of the draft permit.

Report of the Chairman

None

Report of the Zoning and Code Enforcement Officer

Lauren Murphy’s report was read by the Board.

Public Comment

None

With nothing further to come before the Town of Essex Planning Board,

H. Nicholas Muller III motioned to adjourn, seconded by Derrick Wrisley, by unanimous vote the regular meeting is adjourned at 8:00 p.m.

Catherine DeWolff, Town Clerk

Recording Secretary

May 3, 2012 Draft Planning Board Meeting Minutes

olive — Fri, 25 May 2012 22:20:42 +0000

DRAFT

Town of Essex Planning Board

Regular Meeting

May 3, 2012

7:00 p.m.

Call to Order

Chairman Van Hoven called the regular meeting of the Town of Essex Planning Board to order at 7:00 p.m. and led the attendees in the Pledge of Allegiance.

Attendance

PRESENT: David Hislop, James Van Hoven, Pat Tivnan, Olive Alexander, Mark Walker, H. Nicholas Muller III

ABSENT: Derrick Wrisley

ALSO PRESENT: Town Clerk, Catherine DeWolff and Lauren Murphy, Code Enforcement Officer

GUESTS: Jan Fortune, Kevin Hall, LLS., Judy Noyes, Paul Noyes

New Business

On a motion by Mr. Muller to deem the application complete, seconded by Mrs. Alexander, the application is approved: Aye – 6 No – 0

Mrs. Fortune, the applicant, advised the Board that they will have to move the septic system at some point. Chairman Van Hoven advised her to work with the Code Enforcement Officer, Lauren Murphy, on that and to add documentation that it is appropriate and adequate to the project.

On a motion to set the Public Hearing on the application for the next meeting of the Planning Board of June 7, 2012, at 7:00 p.m., by Mr. Muller, seconded by Mr. Hislop, the Public Hearing on the application is approved: Aye – 6 No – 0

Green – Tax Map #49.7-4-10.00 – Site Plan Review application to replace a cabin on Cannon Point. Mr. and Mrs. Noyes were in attendance as legal representatives to describe the project and presented the plans.

On a motion by Mr. Muller to deem the application complete, seconded by Ms. Tivnan, the application is approved: Aye – 6 No – 0

Mrs. Noyes answered questions from the Board including the orientation of the new building, whether the windows would be non-reflective glass and what kind of septic system would be used. Mrs. Noyes responded that the windows would not be non-reflective, however, the view is hidden by large trees and not visible from the lake. She advised that the building would parallel the shoreline. The septic would tie into an existing new system on the property.

On a motion to set the Public Hearing on the application for the next meeting of the Planning Board of June 7, 2012, at 7:00 p.m., by Mr. Muller, seconded by Ms. Tivnan, the Public Hearing on the application is approved: Aye – 6 No – 0

Hayes – Tax Map #48.2-1-10.2 – Minor Subdivision application for the property at 187 Leaning Road.

Kevin Hall, Surveyor, presented as the legal representative for Austen Hayes, the owner/applicant, and described the project to the Planning Board as a minor two-lot subdivision with a “conveyance” parcel that could be sold with either one of the lots to be subdivided and that the parcel has no building rights.

There was a discussion by the Planning Board of whether or not the conveyance parcel should be considered a lot and if this was actually a three-lot subdivision rather than the two as applied for. Chairman Van Hoven advised Kevin Hall that the Board thinks this should be a three-lot subdivision and asked if that posed a problem for the applicant. Mr. Hall responded that no, he can easily amend the application to become a minor three-lot subdivision and that the Board will have the revision in a few days. He further advised that he spoke with the APA today and they will approve a letter of non-jurisdiction on the project.

On a motion by Chairman Van Hoven to deem the application complete as agreed amended to a minor three-lot subdivision, seconded by Mrs. Alexander, the application is APPROVED: Aye – 6 No – 0

On a motion to set the Public Hearing on the application for the next meeting of the Planning Board of June 7, 2012, at 7:00 p.m., by Mr. Hislop, seconded by Ms. Tivnan, the Public Hearing on the application is approved: Aye – 6 No – 0

There was a discussion of whether a site visit was necessary and it was agreed that no visit to the site was necessary.

Stransky – Tax Map #40.73-2-9.000 – Special Use Permit to change zoning from residential to commercial at 2307 Main Street.

Chairman Van Hoven advised the Board that the applicant wishes to have the property rezoned to commercial to make the property more desirable to a potential purchaser. He felt that it was inappropriate for the Board to act until the Board knows what the use may be. Mr. Hislop advised that a new owner will have to submit the application, not the seller, but under historic guidelines we promote businesses that have a historic commercial nature. The Chairman said that he would write a letter to the applicant noting that the Board may look favorably on a commercial use of the property, as it has historically been a commercial use in the past. That letter is attached to these minutes.

Report of the Chairman

Chairman Van Hoven told the Board that he would like them to approve a resolution adopting the changes the Zoning Revision Committee proposed to the Town Board of the Zoning Law as a result of the public hearings from last summer. There was a discussion by the Board of the changes that were made and what was considered adequate utilities. Mrs. Alexander said that she had a concern with there not being adequate phone or internet coverage and that the draft EAF draws the conclusion that adequate utilities exist. There was further discussion of the Zoning Law revision.

At this point it was discovered that the Board did not have the most recent revision of October 25, 2011. The Chairman advised that the Board that these changes are outlined in his memo to the Board of April 27, 2012 that supersedes the revision currently in their possession.

Town of Essex Planning Board

Resolution to Recommend the Adoption of Amendments to the

Town of Essex Zoning Law Revision

On a motion by Chairman Van Hoven and seconded by Olive Alexander, that the Town of Essex Planning Board adopts the Zoning Law Revision dated May 20 and August 10, 2011, as well as the latest revision of October 25, 2011, the proposed changes being made following public hearings of the Essex Town Board during the summer of 2011 and summarized in a memo to the Planning Board from Chairman Van Hoven dates April 27, 2012. More specifically:

Essex Hamlet

It is recommended that the westward expansions of the Hamlet as originally proposed remain, but that the area have a density of 42.7 acres per principal dwelling. (The current Essex zoning for most of this area is 1.3 acres per principal dwelling). It is also recommended that the Hamlet be expanded to the north and south, with those new areas having a density of 1.3 acres per principal dwelling, the same as at present.

The Committee believes this larger Hamlet, with three separate densities (the original Hamlet will have the current .5 acre density) is appropriate as it represents a geographically and culturally cohesive collection of structures. Since the whole area will also be the Historic District, it will be subject to the rigorous zoning rules in the law designed to preserve the unique nature of the Hamlet. The larger Hamlet will also include almost the entire existing water district and the entire new sewer district. Any future expansion of the latter will most likely occur within the expanded hamlet.

(See Schedule D)

Critical Environmental Areas (CEAs)

The Committee recommends keeping these areas as a separate land use classification with more restrictive use, given their topography. (Its original recommendation was to eliminate them.) It worked with a local surveyor to more clearly define the boundaries of these areas and added one. A revised map and coordinates are included in the law revisions. (See Schedule G).

=APA Suggestions

The Committee agreed to substitute APA definitions for those currently in the Zoning Law, and add several. It also made some wording changes in the revised law to better clarify APA jurisdiction over several areas, and incorporated APA regulations regarding setbacks on walls and fences in the Shoreline District and Schedule E.

The foregoing resolution is ADOPTED: Aye – 6 Hislop, Van Hoven, Tivnan, Alexander, Walker, Muller No – 0

**********

Report of the Zoning Officer

Lauren Murphy, the Town of Essex Zoning Officer, questioned the Board about the zoning issues in the new revision of the Zoning Law. There was a discussion of the Provisions Deli renting another space in the old Fire Station as a retail space and whether it constituted a change of use. Mr. Muller said that he didn’t think the Planning Board should be adjudicating competition. After discussion, it was agreed that there was no change of use in this circumstance.

Public Comment

None

Adjournment

On a motion by Mr. Muller to adjourn the meeting, seconded by Mr. Hislop, the regular meeting of the Town of Essex Planning Board is adjourned at 8:25 p.m.

Catherine DeWolff

Town Clerk

May 16, 2012 The NYS DEC Announced the Release of a Draft Unit Management Plan for the Taylor Pond Wild Forest (Link to Document is Attached)

olive — Sun, 20 May 2012 21:02:15 +0000

http://www.dec.ny.gov/lands/75834.html

Public Comments will be accepted until June 23 and may be sent to:

Dan Levy
Senior Forester
NYSDEC
PO Box 296
Ray Brook
NY 12977
or emailed to [email protected]

As of May 11, 2012, the Essex Town Clerk is in receipt of the Annual Financial Report for the Town of Essex for the year ending 12/31/11

olive — Wed, 16 May 2012 11:04:03 +0000

Annual Financial Report Town of Essex

April 19, 2012 Draft Town Board Meeting Minutes

olive — Wed, 02 May 2012 21:56:30 +0000

DRAFT

ESSEX TOWN BOARD

Regular Meeting

April 19, 2012

7:00 p.m.

Present: Claire LaPine Councilwoman

Dr. James LaForest Councilman

Mark Wrisley Councilman

Sharon Boisen Supervisor

Absent: Harold MacDougal Councilman

Also Present: Catherine DeWolff Town Clerk

Shirley LaForest Town Historian

Dianne Lansing Assessor

Patricia Gardner Assessor

Dr. James Van Hoven Planning Board Chairman

H. Nicholas Muller III Planning Board Member

David Hislop Planning Board Member

Lauren Murphy Zoning/Code Enforcement Officer

Guests: Dr. Ann Ruzow Holland, Dr. Colleen Van Hoven, MaryNell Bachman, Kim Calhoun, Karen Dalton, Rick Dalton, Bill Kissel, Bonnie Monoski, Jane TerLouw, Ted Cornell, Andy Wekin

Supervisor Boisen opened the meeting at 7:01 p.m. with the Pledge of Allegiance.

Shirley LaForest, Town Historian

The first speaker was Shirley LaForest, Town Historian, who advised the Board that she expected to be moving the Historical Collection from the Town Hall to her office at the ECHO building where her archives room is fireproof and climate controlled. Mrs. LaForest thanked the Town Board for supporting her and thanked Sally Johnson for the purchase of the fire and alarm system. She said that Mr. Slinger, the State Historical representative has inspected her rooms and she is on the right track. He did suggest, however, that Mrs. LaForest obtain a resolution saying that the Town is placing the Historical Collection on permanent loan to the Town Historian.

Supervisor Boisen asked for a motion to authorize her signing the annual contract with the Town Historian, moved by Councilman Wrisley and seconded by Councilwoman LaPine, the Resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0

Resolution 67 – 2012

Resolution Authorizing the Supervisor to Sign the Annual Contract with the Town Historian

Resolved that by unanimous vote of the Essex Town Board, Supervisor Boisen is authorized to sign the annual contract with the Town Historian, Shirley LaForest.

On a motion by Councilwoman LaPine as requested by the Town Historian, that the Town agrees to place the Historical Collection on permanent loan to the Town Historian, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0

Resolution 68 -2012

Resolution that the Town’s Historical Records be Placed on Permanent Loan to the Town Historian

Resolved that the Essex Town Board has unanimously voted that the Town of Essex, NY, Historical Collection be placed on permanent loan to Shirley LaForest, Town Historian.

Rick Dalton, College for Every Student – Re: Old Stone Church

The next guests to speak were Rick and Karen Dalton of CFES, College for Every Student, regarding the potential purchase of the Old Stone Church. Their attorney, Bill Kissel, was also in attendance. Mr. Dalton described CFES’s mission along with his wish to purchase the neighboring Old Stone Church property, owned by the Town, to use as a conference center for CFES. The site is currently used daily by the senior citizens.

The Dalton’s described the benefits to the community if they were able to purchase the property in the creation of jobs and the improvement of the space. There was a discussion of where the seniors would meet, the existing easements from grants on the building, and parking considerations. Councilman LaForest motioned in favor of investigating the process to declare the property surplus to the Town.

Bill Kissel advised the Board that they, the Town Board, need to study the facts for a potential resolution, not necessarily tonight, declaring the property as surplus, investigate the process, including an appraisal, timeline, and to keep the subject on the agenda for next month. Councilwoman LaPine emphasized that we need the facts – we don’t know the valuation or the restrictions on the property. Rick Dalton told the Board that he appreciated the Town Board considering the process. There was discussion of obtaining the appraisal. Supervisor Boisen said that an appraisal shouldn’t take long. David Hislop said that we can’t control who would buy the property. Ann Holland advised that the same rules apply for private and non-profit bidders. Bill Kissel said that the appraisal will establish a fair market value and enable the Town to start the process. Supervisor Boisen asked if there were further questions. Councilman LaForest withdrew his earlier motion.

Nick Muller asked if the Town’s bargaining process included the appraisal. The Supervisor answered yes. She thanked CFES saying that they would be in touch.

Ted Cornell, Whallonsburg Civic Association – Grange Hall

Ted Cornell was recognized as the next speaker, who introduced Mary Nell Bachman, Vice President of the Whallonsburg Grange Civic Association. Mrs. Bachman described the goings on at the Grange Hall and how the community is served by the Grange Hall. She told how, by their strong volunteer base, they have renovated the space and continue to have impressive and wide-ranging activities. She further described that in the aftermath of hurricane Irene, the Grange became the center of our community and raised $38,000.00 for the relief effort as well as providing an emergency shelter.

Supervisor Boisen thanked the Grange officials for working with the American Red Cross in providing the town with an emergency shelter. Councilman LaForest added that he was very proud of the way things were handled by the Grange in the aftermath of the destruction of hurricane Irene.

Supervisor Boisen advised that a new memorandum of understanding between the Town and the Grange Hall needed to be updated. Ted Cornell said that the contract the Grange has with the Town is self-sustaining and doesn’t require any particular action and that the MOU ends in 2013 not 2012 and will rollover automatically. Councilwoman LaPine brought up the fact that the utility bills are going up as a result of the all of the activity at the Grange. Councilwoman LaPine expressed her concern of the rising utility bills for the Grange Hall. There was a discussion of the bills incurred by the Grange as being modest in comparison to the capital benefit to the Town. Supervisor Boisen said that a monthly report from the Grange would be helpful.

Supervisor Boisen recognized Andy Wekin who advised that the Grange had four different quotes to do the flooring, with the lowest being Kim’s Karpets in Lewis, and that Kim was actually willing to comp the moulding for the project. He asked the board for a resolution to award the bid to the lowest bidder. The bids were:

Gateway Flooring $2,813

Jack’s Flooring $3,460

Plattsburgh Carpets $2,854

Kim’s Karpets $2,430

There was a general discussion of the re-tiling of the floor at the Grange Hall.

On a motion by Councilman Wrisley to award the lowest bid for the re-tiling of the floor at the Grange Hall, seconded by Councilwoman LaPine, the resolution is ADOPTED:

Yes-4 LaPine, LaForest, Wrisley, Boisen No-0

Resolution 69 – 2012

Resolution to Award the Grange Hall Flooring Bid to Kim’s Karpets

Resolved that by unanimous vote of the Essex Town Board the bid for the re-tiling of the floor at the Grange Hall be awarded to the lowest bidder, Kim’s Karpets of Lewis, NY, for $2,430.00.

The Supervisor thanked the officials of the Grange Hall for coming and for all of their good work.

Jim Van Hoven and Ann Ruzow Holland – Zoning Revision SEQRA process

Next to speak were Jim Van Hoven and Ann Ruzow Holland regarding the Zoning Revision process. Dr. Van Hoven described the process of the Zoning Revision that was started approximately 4-5 years ago by his committee, and where we are at presently with the draft Environmental Assessment Form. He related that Ann Holland is an expert in this matter and has been working with him to complete this document and how they now needed a resolution by the Board to permit the distribution of the materials as required by law. He said that we are not asking that the Board adopt or endorse the revision only to proceed to culminate the process of the final zoning law revision. He praised Dr. Holland for her efforts in this regard saying that he personally thinks that she has done a terrific job.

Dr. Holland addressed the Board and the public describing the SEQRA process and how they have met the criteria for deeming the Environmental Assessment Form a negative declaration in conformance with SEQRA law. She advised the Board that they needed a resolution by the Board to accept the EAF that she prepared and advise the County Planning Board as well as Ag and Markets with copies of same. This will allow for a 30-day comment period and if no changes, the Board may accept the final draft. She further advised that process is straightforward and does not require additional public hearings until the Board is ready to adopt the law. There was a discussion of a wildlife assessment and getting State inventory databases correct. Councilman LaForest suggested a motion to accept the draft EAF as described by Dr. Holland.

On a motion by Councilwoman LaPine, seconded by Councilman Wrisley, to accept the draft Environmental Assessment Form as prepared by Dr. Ann Ruzow Holland, the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0

Resolution 70 – 2012

Resolution to Adopt the Draft EAF with Attachments as Prepared by Ann Ruzow Holland for the Town of Essex Zoning Revision

Resolved that the Town Board of Essex has by unanimous vote agreed to accept the draft Environment Assessment Form with Attachments, proposing a negative declaration for the Town of Essex Zoning Law Revision, as prepared and submitted by Dr. Ann Ruzow Holland.

The Supervisor advised the public that this document is on the Town website and offered the Courtesy of the Floor. With no further comment from the public, the meeting continued with the approval of the minutes.

On a motion by Councilman LaForest to adopt the minutes of the March 15, 2012, Regular, Beggs Point Bid Opening, and Public Hearing on Local Law 1 of 2012, as well as the Special Meeting of March 22, 2012, seconded by Councilwoman LaPine, the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0

Resolution 71 – 2012

Resolution Adopting the Minutes of the Three March 15, 2012 meetings and the March 22, 2012 Special Meeting

Resolved that the Essex Town Board approves and adopts the minutes as presented by the Town Clerk.

There being no Zoning Officer report, the Town Board welcomed Lauren Murphy as the new Zoning and Code Enforcement Officer. Dr. LaForest asked if Ms. Murphy had yet resigned as Chairman of the Zoning Board of Appeals.

On a motion by Councilman LaForest to accept the resignation of Lauren Murphy as Chairman of the Zoning Board of Appeals, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0

Resolution 72- 2012

Resolution to Accept the Resignation of Lauren Murphy from the ZBA

Resolved that the Essex Town Board accepts the resignation of Lauren Murphy as Chairman from the Zoning Board of Appeals by unanimous vote.

Supervisor’s County Report – The Supervisor described what was going on with the sale of the Horace Nye Nursing Home and that the moving forward could take as long as another year and a half. Councilwoman LaPine asked about the $5 per parcel issue and whether it was likely the Town might receive that. The Supervisor advised that it was unlikely as the pool of money is very small and we will get very little of it, if any.

Old Business

Water Project Update – The Supervisor advised that the Town Board has received the revised contracts for the Fire Department. Dianne Lansing, Town Assessor and a Commissioner of Fire District #1, said that they would like a workshop to sit down and discuss the contract with the Town. Supervisor Boisen said that she talked to Frank Walls and suggested to him that they construct a contract that each could present to their Board. When we hear from the Fire Department on the contract, we can talk about them.

Councilman LaForest asked about the existing easement agreement with the Fire Dept. The Supervisor said that the easement was never filed with the County and had some other deficiencies. Dr. LaForest said that if there was an underlying agreement, we have a problem with this.

Mrs. Lansing said that they would like to clarify maintenance and other things.

Councilman Wrisley asked about the timeline and when are we going to get the drillers up there. The Supervisor responded that it is going to take a little time or you can authorize me to sign the agreement as it is. We would definitely want the contract in place to do the test wells.

There was a discussion of the 200’ radius required as protection for each well and where those areas might be with relation to surrounding properties with the Tart property being of primary interest. Councilwoman LaPine advised that she had spoken with Eleanor and while she had to talk about it with her girls, she felt that they were not interested.

Dock Update – Supervisor Boisen said that they looked at the third layer down that the public said needed to be replaced. There are six beams that need to be replaced three layers down. It will be $1400 to have them put in, but we have no choice. We are up to $11,600 with the beams. There was a discussion of using grout or leveling lubricant agent for an additional sum of $2,250. Councilman Wrisley said that because they are using fresh sawn hemlock, the wood will shrink and that we should let it shrink and then address the issue. There was a discussion of the shrinking of the timbers.

On a motion by Councilman Wrisley to add the six beams to the Dock Repair project for an additional $1,400, seconded by Councilman LaForest, the resolution is ADOPTED:

Yes-4 LaPine, LaForest, Wrisley, Boisen No-0

Resolution 73 – 2012

Resolution to Add Six Beams at a cost of $1,400 to the Dock Repair Project

Whereas, the Essex Town Board upon discovering rotted beams at the third level in the Dock Repair project have

Resolved to add six beams to replace said rotten beams for an additional cost of $1,400.

Summer Youth Program – There was a discussion of signing the Summer Youth Program contract with Willsboro and spending $6,000 to send an unlimited number of Essex children to the summer youth program. The benefits versus the cost and how many children actually go and who could go were discussed. The Supervisor said that she would like to see the attendance records.

On a motion to sign the Summer Youth contract with Willsboro by Supervisor Boisen, seconded by Councilman LaForest, the resolution is ADOPTED:

Yes – 4 LaPine, LaForest, Wrisley, Boisen No – 0

Resolution 74 – 2012

Resolution to Sign the Summer Youth Program Contract with the Town of Willsboro

Resolved that the Essex Town Board agrees to sign the Summer Youth contract with the Town of Willsboro allowing an unlimited number of Essex children to attend for the cost of $6,000 to the Town of Essex. The attendance records must be provided to the Town of Essex for inspection.

New Business

Supervisor Boisen indicated the need for a resolution increasing Revenues and Appropriations by $2,000 on line A8020.4 for the zoning revision. On a motion by Councilman Wrisley, seconded by Councilwoman LaPine, the resolution is ADOPTED:

Yes – 4 LaPine, LaForest, Wrisley, Boisen No – 0

Resolution 75 – 2012

Resolution Increasing Revenues and Appropriations by $2,000 for the Zoning Revision

Resolved the Essex Town Board agrees to increase Revenues and Appropriations on line A8020.4 for the zoning revision by $2,000.

Highway CHIPS-2012 – The Supervisor advised the Board that each of them needed to sign and that Jim Morgan has agreed to working on Daniels Road and Jersey Street.

Letter from Beth Schiller – CV Wireless, LLC – Beth Schiller would like access to the top of the water tower in order to provide internet access to more of our community. There was a discussion of competition with Nextel and the cost to lease including rising clauses. Supervisor Boisen said that she will check the lease with Nextel for exclusivity and find out exactly what Beth wants to do. There was a discussion of what to charge Ms. Schiller for leasing the spot. It was agreed that $20,000 increasing 3-5% yearly was fair depending on what she wants.

Award the bid for Town Hall repair – The bids were opened at 3:00 today with the following results:

Repairs

1. Larry Blanchard: $3,916

2. S&R Construction: $28,200

3. Anna Restoration: $4,000

4. DE Siteworks: $5,200

5. Keith Stay: $22,250 (combined jobs)

Scraping and Painting

1. Larry Blanchard: $30,446

2. Anna Restoration: $34,250

3. DE Siteworks: $10,680

4. Keith Stay: $22,250 (combined jobs)

None of the low bidders described the project.

There was a discussion of the bids. The lowest responsible bidder for Repairs is Larry Blanchard and second is Anna Restoration. The lowest responsible bidder for the Painting is DE Siteworks. Councilman LaForest thought that the Town might make out better by using Keith Stay, who combined the jobs, but was worthy of consideration.

On a motion by Councilman LaForest to award Larry Blanchard, the lowest responsible bidder, for Repairs to the Town Hall, seconded by Councilwoman LaPine the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0

Resolution 76 – 2012

Resolution to Award the Town Hall Repair Job to Larry Blanchard

Resolved that the Essex Town Board agrees to award the repair bid for the Town Hall to Larry Blanchard, the lowest responsible bidder, for $3,916.

On a motion by Councilman Wrisley to award the Painting and Scraping Job to DE Siteworks, the lowest responsible bidder, for $10,680, seconded by Councilwoman LaPine the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen

No – 0

Resolution 77 – 2012

Resolution to Award the Town Hall Painting/Scraping Job to DE Siteworks

Resolved that the Essex Town Board agrees to award the painting and scraping of the Town Hall to the lowest responsible bidder, DE Siteworks, for $10,680.

The Supervisor brought up that Michael Schoenig had to be out of town but would like to be on the Zoning Board of Appeals and it would be great if we could appoint him. She further related that without a Board of Assessment Review, the task of Grievance Day falls on the Chairman of the Board of Supervisors. Councilman LaForest suggested Dave Lansing for the ZBA. The Supervisor advised that that would only be discussed in executive session.

On a motion by Supervisor Boisen to appoint Michael Schoenig to the Zoning Board of Appeals for the term that expires last, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes-4 LaForest, LaPine, Wrisley, Boisen No-0

Resolution 78 – 2012

Resolution to Appoint Michael Schoenig to the Zoning Board of Appeals

Resolved that Michael Schoenig is appointed to the ZBA by unanimous vote of the Essex Town Board for a term that will expire the latest.

The Supervisor advised the Board that we need propane at the Sewer Plant. Tina called Suburban and I just got contracts from them. There was a discussion of propane for the sewer plant and getting the lowest price.

Audit of the Bills

The Town Clerk presented the bills for payment on Abstract #2012-4. The bills were discussed and approved for payment. Councilwoman LaPine expressed concern with the different electrical contractors and wanted to be certain there were licenses. The Supervisor advised that we have copies of their licenses.

On a motion by Councilman Wrisley to pay the bills as presented, seconded by Councilman LaForest, the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0

Resolution 79 – 2012

Resolution to Pay the Bills on Abstract #2012-4

Resolved that the Town Board of Essex authorizes payment of the bills as presented on Abstract #2012-4:

Fund Prepaid Unpaid

General $10,207.86 $16,195.85

Highway $6,843.69 $3,899.67

Water $210.99 $3,565.06

Essex Lights $0.00 $341.98

Whallonsburgh Lights $0.00 $0.00

Sewer Operating $1,513.94 $3,702.54

Groundwater Capital $0.00 $850.00

Sewer Capital $0.00 $28,984.59

Totals $18,776.48 $57,539.69

Financial Reports

Town Clerk’s Report – On a motion to accept the Town Clerk’s March Report by Councilman LaForest, seconded by Councilwoman LaPine, the resolution is ADOPTED:

Yes-4 LaForest, LaPine, Wrisley, Boisen No-0

Resolution 80 – 2012

Resolution to Accept the Town Clerk’s March Report

Resolved that the Essex Town Board has accepted the March monthly report of the Town Clerk.

Water and Sewer Rents Report – On a motion to accept the Town Clerk’s Water and Sewer Rents Report by Councilman LaForest, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0

Resolution 81 – 2012

Resolution Accepting the Water and Sewer Rents Report

Resolved that the Essex Town Board accepts the Water and Sewer Rents Report as presented by the Town Clerk.

Supervisor’s Report – The Supervisor advised that the circled amount was incorrect on the February Report and asked it be accepted as revised. On a motion by Councilwoman LaPine to accept the revised February Supervisor’s Report, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0

Resolution 82 – 2012

Resolution Accepting the Supervisor’s Revised February Report

Resolved that the Essex Town Board accepts the Supervisor’s February Report as revised.

On a motion by Councilwoman LaPine to accept the Supervisor’s March Report, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes-4

LaPine, LaForest, Wrisley, Boisen No-0

Resolution 83 – 2012

Resolution Accepting the Supervisor’s March Report

Resolved that the Essex Town Board accepts the Supervisor’s March Report as presented.

On a motion to enter into executive session to discuss a legal matter, by Supervisor Boisen, seconded by Councilman Wrisley, the Board entered into executive session at 10:12 p.m. The Town Board re-entered the regular meeting at 10:49 p.m. with no action taken.

Councilman LaForest proposed that there should be a way of making the minutes shorter and that he and the Town Clerk will sit down to address this.

There being nothing further to come before the Essex Town Board, the meeting is adjourned at 10:50 p.m.

Catherine DeWolff

Town Clerk

April 13, 2012 Special Town Board Meeting Minutes

olive — Thu, 26 Apr 2012 18:13:30 +0000

ESSEX TOWN BOARD

SPECIAL MEETING

APRIL 13, 2012

8:30 a.m.

Present: Sharon Boisen Supervisor

Harold MacDougal Councilman

Claire LaPine Councilwoman

James LaForest Councilman

Mark Wrisley Councilman

Also

Present: Catherine DeWolff Town Clerk

Guests: Norma Goff, Donna Lou Sonnett, Lauren Murphy

Supervisor Boisen opened the meeting at 8:30 a.m.

Norma Goff asked to speak to the Board before they go into executive session to discuss a personnel matter. The Supervisor asked the applicant if she minded that. Lauren Murphy said no, she did not mind.

Mrs. Goff was offered the courtesy of the floor where she expressed her concerns for the repairs being done at the Town Dock. She said that while the job looks great, she was concerned that the timbers are rolled, cracked and rotted, and not in good enough condition to hold what would be replacing it. Mrs. Goff suggested that more money be raised for the dock to have a better job done that will last longer rather than just have it adequate and safe. She proposed a fundraiser to raise enough money to do a better job. Donna Sonnett said that she thought it to be a relatively simple job to take off another tier and the contractor could give us an estimate for doing that.

Supervisor Boisen said that she goes down to the dock a lot to monitor the progress and it looks a thousand times better than it did. She explained that the contractor and the Board think that we can get down to the third level for an additional sum that will include replacing the rotted timbers and that the bid was now at $10,200. The Supervisor advised the Board that she would email them with the cost figures for the expenditure of the additional funds. She said that the Board may need to amend the Resolution awarding the bid to reflect the changes. Mrs. Goff said that they need to look at the outside corner, which is clearly rotted.

There was a discussion of the repairs to the Town Dock. Donna Sonnett spoke about the bowed out section of the dock saying that it was part of the old dock that is under water. The Supervisor said that she talked with Steve McKenna and Steve said he is happy to help the contractor. Mrs. Goff reiterated that funds could be raised to help with the cost.

Supervisor Boisen said that she felt that the public should not have to raise any more money for the dock. She said that a new flagpole is needed there as the old one is rotted.

The Supervisor thanked the guests for their comments and moved that the Board enter into executive session, seconded by Councilman MacDougal – with unanimous agreement by the Board, the Essex Town Board entered into executive session at 8:45 a.m. to discuss a personnel matter.

At 9.55 a.m. the Board exited executive session with no action taken and re-entered the Special meeting.

On a motion to appoint Bill Ball as the new Code Enforcement Officer by Supervisor Boisen, seconded by Councilman Wrisley, the resolution is DEFEATED: Yes-2 Boisen, Wrisley

No-3 MacDougal, LaPine, LaForest

Amendment #3 of the NYSERDA grant was discussed. The Supervisor advised the Board that we must sign Amendment #3 to get our money.

On a motion by Councilman MacDougal, seconded by Councilman LaForest, to give the Supervisor authorization to sign Amendment #3 of the NYSERDA grant, the Resolution is ADOPTED: Yes-5

Boisen, MacDougal, LaPine, Wrisley, LaForest No-0

Resolution 63 – 2012

Resolution Authorizing the Supervisor to Sign Amendment #3 of the NYSERDA Grant

Resolved that the Essex Town Board grants the Supervisor the authority to sign Amendment #3 of the NYSERDA grant by unanimous vote.

There was a discussion of the need by Champlain Bank to have the Town of Essex discharge a lien that was part of grant whereby the Town was the lien holder on properties receiving grants. After living in the house for an amount of time, the owners did not have to pay anything back to the Town. The property is being sold and the bank needs to show that the Town has discharged the lien on the mortgage. The Supervisor said that the County has provided the paper work, however, we do need a resolution to authorize the discharge.

On a motion by Councilman LaForest, seconded by Councilman MacDougal, to Discharge the Mortgage Agreement, the Resolution is ADOPTED: Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen No-0

Resolution 64 – 2012

Resolution to Sign the Discharge of Mortgage Agreement

Resolved that the Essex Town Board authorized the Discharge of Mortgage Agreement as presented.

There was a discussion of the contract received by Haroff Auctions to sell the Highway surplus equipment. The Supervisor advised that Haroff wants the Town Attorney to sign off on the contract. The Supervisor asked if we really want to have an attorney look at the contract and if agreeable to Haroff, she would sign the contract.

Councilman LaForest said that he would like to see the contract.

On a motion by Councilman LaForest, seconded by Councilman MacDougal, authorizing the Supervisor to sign the contract with Haroff Auctions, the Resolution is ADOPTED: Yes-5 MacDougal, LaPine, LaForest, Wrisley, Boisen No-0

Resolution 65 – 2012

Resolution Authorizing the Supervisor to Sign the Contract with Haroff Auctions

Whereas the Essex Town Board sees the need to surplus excess Highway equipment using the firm of Haroff Auctions to accomplish this task at no cost to the Town;

Resolved that the Supervisor is authorized to sign the contract with Haroff Auctions to sell the Highway Departments’ surplus items.

Supervisor Boisen asked if there was anything further to come before the Board.

On a motion by Councilwoman LaPine to appoint Lauren Murphy as the new Code Enforcement/Zoning Officer, seconded by Councilman LaForest, the Resolution is ADOPTED: Yes-3 LaPine, MacDougal, LaForest Abstain-2 Wrisley, Boisen

Resolution 66 – 2012

Resolution to Appoint Lauren Murphy the Code Enforcement/Zoning Officer

Resolved that Lauren Murphy is appointed the new Code Enforcement/Zoning Officer of the Town of Essex for the remainder of the year of 2012.

With nothing further to come before the Essex Town Board, the Special meeting is adjourned at 10:07 a.m.

Catherine DeWolff

Town Clerk