D R A F T

Regular Board Meeting

7/18/2013

The meeting was called to order at 7PM.

Supervisor Boisen led us in the Pledge to the Flag.

On roll call Board Members present were Councilman Wrisley, Councilwoman

LaPine, Councilman MacDougal, Councilman Garvey and Supervisor Boisen.

Also present was Audrey Hoskins, Town Clerk.

Attendees were Jane Terlouw, Sandy Vance, Martha Smiles, Lauren Murphy,

Ed Hatch, Supervisor, Town of Willsboro.

A moment of silence was requested by Councilwoman LaPine for Ethel Bernard and Kelly McKenna.

Courtesy of the floor was offered.

Supervisor Hatch addressed the Board on the Youth Program contract.  He explained that the contract covers the summer program as well as other youth programs during the year.   How the money is spent was discussed.  The ski program was discussed. The Board agreed to support the Youth Program. Councilwoman LaPine asked if it would be possible to have a representative from Essex on the Youth Board. Supervisor Hatch did not think this would be a problem.  Children that are home schooled are eligible to participate in the Youth Program.

Supervisor Boisen stated that Nextel contract will now be with Sprint. Motion

to give Supervisor Boisen permission to sign an agreement with Sprint

was made by Councilman MacDougal.  Seconded by Councilwoman LaPine.

Roll call Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman

MacDougal-yes, Councilman Garvey-yes and Supervisor Boisen-yes.

Approval of minutes.

Motion to accept June 20^th minutes was made by Councilwoman LaPine.  Seconded by Councilman Wrisley. Roll call Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman MacDougal-abstain, Councilman Garvey –yes and Supervisor Boisen-yes.

Motion to accept June 28^th minutes made by Councilman Wrisley.  Seconded by

Councilman MacDougal.  Roll call Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman Garvey-yes and Supervisor Boisen-yes.

Motion to accept PH minutes of July 9^th made by Councilman Wrisley.  Seconded by Councilwoman LaPine. .  Roll call Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman MacDougal-abstain, Councilman Garvey-abstain and Supervisor Boisen-yes.

Motion to accept Special Meeting minutes of July 9^th was made by Councilman Wrisley.  Seconded by Councilwoman LaPine. Roll call Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman MacDougal-abstain, Councilman Garvey-abstain and Supervisor Boisen-yes.

Zoning Officer’s Report

April, May and June reports were discussed.  Motion to approve Zoning

Officer reports made by Councilman Wrisley.  Seconded by Councilman

MacDougal. Roll call Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman Garvey-yes and Supervisor Boisen-yes.

Supervisor’s County Report – no report this month.

Old Business

Ground Water Capital Project – We have received another violation. Supervisor

Boisen will scan the notice and email it to the Board. A notice will be sent to the

residents.

The 1.5million grant and loan of 3.75 million it looks like we may have secured the funding today. The 2007contract with AES was never signed. AES did work based on that contract and were paid.  We are going to be allowed to have an amendment to the 2009 contract which will pick up the work on the unexecuted 2007 contract. A resolution was discussed.

Resolution # 49

Amendment #2

7/18/2013

The following resolution was offered by Councilman MacDougal, who moved its adoption.

Be it resolved the Town Board of Essex authorizes Supervisor Boisen to sign

Amendment # 2 to the 2009 water contract with AES.

The resolution was duly seconded by Councilman Garvey and adopted.

Roll Call

Councilman Wrisley-yes

Councilwoman LaPine-yes

Councilman MacDougal-yes

Councilman Garvey-yes

Supervisor Boisen-yes

The Goff family has decided they do not want the wells on their property.

Our options are limited. We could consider eminent domain.  We could consider

the Jackson property. We are at the end of our choices for well water and we are now at the point of a new water treatment plant at a cost of 6 million dollars.  We have to secure the funding so that we do not lose the 1.5 million dollar grant and our hardship status. Once the grant is funded even if we do not get a successful well we can keep the grant money and can use it for a water treatment plant.

Internet service providers was tabled.

The bids for the wall were discussed.  Low bidder was Luck Brothers at $189,000.

The lake is high and they will not be able to do the work on the Lake side.

The cap is stored at the highway garage.  The facing on the wall is thinner than

the original facing and there may be a problem getting the cap to fit properly.  We have

a $90,000 matching grant.  That leaves us with $100,000 needed to meet the low bid.

The County is filing a reimbursement grant application out for us. We will know in December if we will receive any money from the reimbursement grant.

It was discussed last year selling the Old Stone Church.  We had it appraised and is appraised at $86,000.  We cannot sell it for less than appraised value. We could use

money from the sale to complete the wall.  The seniors could meet at the Grange Hall.

The Town would set the minimum bid.  Supervisor Boisen stated that the Town would use Haroff for the auction. Councilwoman LaPine was concerned about awarding the

bid without having the money to pay the contractor.  We have 45 days to award the bid.

Last year we had a number of people interested in the Old Stone Church and hopefully

some of those people are still interested in purchasing it.

Awarding the bid was tabled until Supervisor Boisen can get more information

from the low bidder about a start date and see if they will hold the bid until spring.

Old Stone Church – Councilman LaPine is in favor of selling it.  Councilman Wrisley stated we need to see what is the best way to sell the property. Supervisor Boisen

will check into this. Bill Kissel was working with an interested party that wanted to purchase the Old Stone Church and Supervisor Boisen will contact him to see if the

person is still interested.  The perseveration covenant was discussed and as far as

the Town knows it has expired.

Trash and recycle containers were discussed. Last month we had talked about buying three containers.  They are very expensive. Prices range from $400 to $800 per container.  Supervisor Boisen feels that the containers should provide both trash and recycling.  Supervisor Boisen stated she had talked with the merchant that had requested the container and that it would be there responsibility to take the trash to the dump.  The merchant was not happy.  Councilman MacDougal asked if there has been a problem with trash and Supervisor Boisen stated she picks up trash all the time.

Councilwoman LaPine asked if they will be used.  She said she has been at Beggs and picked up trash and the garbage can is empty.  Councilman Wrisley said should the

tax payers pay for this or should it be the merchants.  The pickup of trash was discussed

and how it would be paid for.  Councilman Garvey will do a letter to be sent to the businesses to see how they feel about trash and recycle containers.

A resolution was discussed for accepting WWTP Capital Project as complete.

The final bills that are needed were discussed.

Resolution # 45

7/18/2013

The following resolution was offered by Councilman Garvey who moved its adoption.

Be it resolved the Town Board of Essex accepts the WWTP Capital Project as complete and recommends final payment be made.

The resolution was duly seconded by Councilman Wrisley and was adopted.

Roll Call

Councilman Wrisley –yes

Councilwoman LaPine-yes

Councilman MacDougal-yes

Councilman Garvey-yes

Supervisor Boisen-yes

An amendment to the sewer contract was discussed.

Resolution #46 of 2013

Amendment # 15

The following resolution was offered by Councilman Wrisley who moved its adoption.

Be it resolved the Town Board of Essex authorizes amendment 15 to the sewer contract

for $16,080 for the Vulnerability Assessment Plan and $13,160 for the Emergency Response

Plan.

The resolution was duly seconded by Councilman Garvey and was adopted.

Roll Call

Councilman Wrisley –yes

Councilwoman LaPine-yes

Councilman MacDougal-yes

Councilman Garvey-yes

Supervisor Boisen-yes

New Business

Supervisor Boisen asked if anyone had noticed the bench out front. The family of Wes Vanderhorst

had it made and have asked if it can be placed permanently in front of the Town Hall. The Board had no objection.

The introduction of Local Law #2 Allowing a public vote on changing from three elected assessors

to one appointed assessor. This change was discussed and the Board felt that there should be Public

Meetings to give the public a chance to voice their opinions. Two meetings have been scheduled. One on August 6^th at the Town Hall at 6PM.  The second meeting is scheduled for August 8^th at the Grange Hall at 6PM.

Construction of a shelter to keep the men and the recyclables out of the elements at the Transfer Site was discussed.   Supervisor Boisen has talked with Jim Morgan and he said he could let one of his men help with the construction. Councilman MacDougal said engineered plans will be needed to build a

shelter.  Pre-engineered buildings can be purchased that have certified plans. Supervisor Boisen will talk with the Transfer Site crew and see exactly what their needs are for a shelter. Prices can then be checked for a shelter that will meet their needs.

Committee Reports

Grange Hall Committee-Councilwoman LaPine reported she had called Bill Kissel about whether or

not if money spent on renovations could be used toward the purchase price.  Mr. Kissel will get back to Councilwoman LaPine with an answer.

Personnel Committee – The last scheduled meeting was postponed.

Building and Grounds- have not met.

Long Range Strategic Plan Committee- met and we talked a lot about what people come to the community for and talked about the farmer’s markets.  The little piece of property on Rt. 22 was discussed and how it could be used.

Bills were discussed and Motion to pay as presented was made by Councilman MacDougal.  Seconded

Councilman Garvey. Roll call Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman Garvey-yes and Supervisor Boisen-yes.

Town Clerk’s Report was reviewed and motion to accept as presented was made by Councilman MacDougal.  Seconded by Councilman Wrisley. . Roll call Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman Garvey-yes and Supervisor Boisen-yes.

The Water/Sewer Rents Report was reviewed and motion to accept as presented was made by

Councilwoman LaPine.  Seconded by Councilman Wrisley.  Roll call Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman Garvey-yes and Supervisor Boisen-yes.

Supervisor’s  Report was discussed and motion to accept as presented was made by Councilman

MacDougal.  Seconded by Councilman Wrisley. Roll call Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman Garvey-yes and Supervisor Boisen-yes.

Councilwoman LaPine said that she had heard Headstart would no longer be at the old school in Whallonsburg.  She was concerned about the key they have for gas. Supervisor Boisen will check

and get the key back if they are no longer at the old school.

Motion to enter executive session at 9:32 PM to discuss Lewis Family Farm litigation and employee

history of the Code Officer was made by Councilman Garvey.  Seconded by Councilwoman LaPine.

Roll call Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman Garvey-yes and Supervisor Boisen-yes

Motion to exit executive session and reenter Regular Board Meeting at 10 PM was made by Councilman Garvey. Seconded by Councilman MacDougal.  Roll call Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman Garvey-yes and Supervisor

Boisen-yes.

The Zoning Revision was discussed. The Board Members will review the changes and proceed

from there.

As there was no further business to come before the Board the meeting was adjourned.

Adjourned at 10:23 PM.

Respectfully submitted                                                                  Audrey Hoskins, Town Clerk

The Boquet River Association (BRASS) is a membership-based, volunteer-oriented organization dedicated to enhancing the quality of water and life in the 280-square mile watershed, which runs from the Adirondack High Peaks to Lake Champlain. Visit us at www.boquetriver.org and on Facebook.

julie

Julie A. Martin

Executive Director

Boquet River Association, Inc.

PO Box 782

Willsboro, NY 12996

Office #: 518-873-3250

$25.00 Thursday Carload Sale (3 PM – 9 PM) – Includes Carnival Rides

For a Full Schedule visit: www.essexcountyfair.org

Zoning/Codes Officer

June 3 – July 14, 2013

Essex Town Board

Essex Planning Board

Week of June 3, 2013:

• Revised PB agenda
• PB applications compiled, copied and distributed to board members
• 500 foot abutters lists drawn up (Schmitt and McGraw)
• Site visits to Orberg, Fortune, Ierardi, and French projects
• PB meeting 6/6/13
• Additional complaint of rats @ Crowningshields in Whallonsburgh
• Reviewed CFES parking plan with Karen Judge
• Filing of older permits

Week of June 10, 2013:

• Answered request for copies of the subdivision application and building permit for 1743 NYS Route 22 (Keene property) in Whallonsburgh
• Site visit to McGraw house on Lakeshore Road re. demolition work
• Review Town of Willsboro zoning and PB forms and procedures
• Permit issued to Gerry Spooner for addition @ Country Store property (Smead)
• Site visits to Cannon Point re. concrete footers and foundation wall pours
• Permit application/site visit to Larry Deso re. front porch renovations
• Site visit to Belden Noble Library with Sandy Vance (sidewalk, balcony, bolts)
• Permit application to John Doyle for McGraw demolition work, poured slabs in cellar, interior framing.
• SPR application to John Doyle for exterior changes and garage at McGraw property in Shoreline Overlay District – for July PB meeting.
• Research code files for building permit for Kevin Fullington (The Edge, Lakeshore Road) and drop off certificate of completion

Week of June 17, 2013:

• Site visit re. new pole barn at Scott & Darcy Hurlburt’s in Whallonsburgh
• Review APA JIF for Mike Pratt re. new single family home on Alden Road
• Permit for demolition, concrete, interior framing, electrical and plumbing work to John Doyle for McGraw project on Lakeshore Road
• Site plan review application gone over with John Doyle for exterior changes and new one-car garage at McGraw’s
• Site visit to John Orberg’s project re. new concrete work, interior plumbing and electrical, drainage, etc.
• Site visit to Ierardi camp in Crater Club re. new fireplace flue and firebox work
• Monthly board report
• Call John Blaise at DEC re. illegal dumping on Cook Road
• Building permit info to Rich Reis re. work at Jaquish house on Main Street
• Site visit to Ted Cornell’s for review of Art Farm signage/Planning Board opinions on sign permitting re. same
• Copy monthly report for both boards
• Town Board meeting

Week of June 23, 2013:

• Talked to John Blaise re. illegal dumping
• Talked to prospective buyer of Chartrand land on Jersey Street re. building permit process, plans, septic, etc.
• Issued sign permit for Ted Cornell for Art Farm on Walker Road
• Researched pole building setbacks at Hurlburts in Whallonsburgh
• Site visit to Jim Schmitt’s re. emergency water line work
• Site visits to Klipper, Ierardi and Fortune projects with architect, Mark Hall
• SPR application materials to Jim and Kelly Schmitt for rebuild of small 1930s addition to the east side of the house on Beggs Street
• Building permit to Jim Schmitt for sill and siding repairs to house on Beggs Street
• Building permit for Grange Hall renovations (bathrooms on main floor, office and lobby remodels)
• Reviewed SPR application for Jim and Kelly Schmitt for Beggs Street house addition
• SPR application to Greenhorns (Will Harron) for home office permit at Lakeshore Road rental

Week of July 1, 2013:

• Inspect concrete forms for footer at Mike Pratt’s, Alden Road
• Mike Pratt info on boundary line adjustment between 2 parcels on Alden Road
• Permit issued to Darcy and Scott Hurlburt for pole barn in Whallonsburgh
• John Durant question about overhead street light on Main Street
• Looked into Anita Shapiro’s request for a temporary storage unit (POD) at their house on Main Street during a fall construction project
• Met with contractor Sean Kullman re. Schmitt addition project and SPR review & site visit to look at roof and window options, code issues
• Worked on 500’ abutters lists for PB meeting applications (Schmitt and McGraw)

Week of July 8, 2013:

• Temporary sign permit for Iroquois Lodge ETC play production
• Building permit, worksheets to Sean Kullman for Schmitt project on Beggs St.
• Fire door rating info to Ed Monoski re. egress between house and garage
• Review NYS Fire Code worksheet to use for review of building permit applications
• Moderate Intensity (R-II) district and subdivision guidelines to Gert Thorn
• PB meeting agenda, minutes and project files copied and put in board members boxes
• Researched R-value/thickness of foam insulation for under slab and on walls of concrete foundation for Mike Pratt’s new house on Alden Road
• Schedule visit with Bob Rice to Shelley Wing’s farm
• PB materials scanned and sent to Olive Alexander for posting on website
• Reviewed and copied APA Local Gov’t Day materials from Sharon
• Proxy for Sean Kullman to represent Jim and Kelly Schmitt
• Look into legality of Willsboro Farmer’s Market off-premise sign by Essex ferry landing on NYS Route 22
• Review and copy architectural drawings of Schmitt house by Mark Hall for PB meeting
• Check McGraw properties for past APA permits – none found
• Research past building and septic permits for Howard Berlin’s on Albee Road for owner
• Planning Board meeting 7/11/13
• Fill out JIF with John Doyle for APA NJ determination
• Manse driveway needs yellow “no parking” spray paint on curb to prevent people from parking RENEW employees in to the off-street parking space

June Receipts:

Codes -  $240.00 for building/sign permits

Zoning – $ 75.00 for SPR application fees

Respectfully submitted,

Lauren Murphy

Essex Zoning/Codes Officer

7/16/2013

Public Hearing

Bond Resolution for Ground Water Capital Project

7/9/2013

The Public Hearing was called to order at 9 AM.

Board Members present were Councilman Wrisley, Councilwoman LaPine, and Supervisor Boisen. Also present was Audrey Hoskins, Town Clerk.

In attendance were Sally Johnson, Steve Phillips, Tina Gardner, Coleen Van Hoven, Jim

Van Hoven, Dianne Lansing, and Jim Dougan.

We have a remedy to the water situation. We seem to have to send a letter every quarter informing our residents that we have carcinogens in the water. Supervisor Boisen stated that today we need the Board to pass a bond resolution for $3,075,000 for the purpose of maintaining our hardship status. We also do not want to lose the $1.5 million in grants and loans we have currently been approved for. Tomorrow is the deadline for submitting the paperwork.

We would like to hear from the public. Mr. Van Hoven asked what the status is. Supervisor

Boisen stated that we have approached a number of residents whose property was deemed a possible well site by the hydrologist. A number of resident are not willing to have a well on their property.  The fire department was willing, a test well was drilled, and it did not produce enough water for the Town. Ron Jackson is willing to allow a test well but his land is near the old dump property and the court of public opinion is this site was not acceptable.

The Goff property on Blockhouse Road has been deemed a site for the wells. We are in negations with the family. The original sites on the property are areas that the

Goff family does not want the Town to use. They have suggested other areas on the property.

We will need to see what the hydrologist report says about the area.

Today we need to secure the funding. Once we lose the funding, we have no money.

Jim Dougan stated that if the wells do not work and we have to with surface water the

Cost will be more than the 3 million. A letter was received 2 years ago declaring us a

hardship status community. We have to close on the short term financing before the 2 years are up or we will lose the funding. Jim also stated that if we lose the funding we could also

lose our status as a hardship community. We are hopeful that we can come to an agreement with the Goff family. We need a 4-acre site for the wells and a one-story house about 1500 square foot building.

There was discussion on putting the equipment under ground or even at a different site.

Sally Johnson asked if there would be lighting and noise problems. Jim Dougan stated the wells would only come on when the storage tanks get to a certain level. The generator will be tested once a week. Jim Van Hoven asked if existing pipe would be used. Jim Dougan said yes.

Dianne Lansing asked about chlorine use in the wells. The use of chlorine was discussed and how it will affect the water. Supervisor Boisen stated the goal is to have fewer chemicals in our water.

Dianne Lansing wanted to know if the water tower is in good enough condition to be used with the wells. Jim Dougan stated the tower passed inspection. Its age is a concern.

Sally Johnson asked how the water would get to the tower. Jim Dougan stated we could use the existing piping. This is called floating on the system. The water will flow in both directions.

Sally Johnson wanted to know the cost of the plans and specs. Jim Dougan stated the cost in 2009 was $109,000 for ground water.

Jim Van Hoven asked what was the bottom line to get the wells up and running. Jim Dougan

stated that the cost is 1.6 million. Jim Van Hoven asked is there a plan B. Ground water source is a decision the Board will need to make. Ron Jackson’s site has a couple of potential locations and it is not too far out of Town. Other sites that have been identified the land owners have said no. The Board will have to decide on ground water or surface water. If it is surface water there are potential site for a filter plant. One would be at the storage tank, the other is Beggs

Park. There was a site in Bouquet that is a good site according to hydrologist. There would be miles of pipe that would need to be installed. The pipe needed would be very expensive.

The cost of operating a new filter plant would be expensive.

The DOH tends to work with Towns, but they can bring the EPA into Town and if that happens the Town could be fined $34,000 a day.

The filter plant technology the Town has does not adequately treat against what is known as a

carcinogen. The Town has been notified by the DOH a number of times that the carcinogen is being produced at a higher rate than what DOH says is acceptable.

Sally Johnson stated that the residents were told about the carcinogen and that it was not a problem.

Jim Van Hoven stated that he disagrees with anyone who wants to keep going along with what we have as a water source. He said he was not in favor of higher taxes but let’s face it we need

a better system. Jim said he a lot faith of in Jim Dougan, he seems to know what he is talking about, and the dollars make sense. Trying to maintain a crappy old system is just going to keep costing more and more money. The only frustration I have is it is taking so long. Jim Van Hoven stated by all means pass your resolution today.

Tina Gardner asked what testing was done on Ron Jackson’s property. Jim Dougan stated           years ago Ron’s well was tested and the levels were fine. The concern is what has been buried at the old landfill site. There is a lot of clay and it works as a barrier, which works better than

a lot of today’s plastic.

Whallons Bay was discussed and the bottom line is it would be very expensive to get the water into Town. Supervisor Boisen stated that increasing the district would have to be done after

this project is finished. The property owners in that area did not want the wells on their property.

Councilwoman LaPine stated there are two wells near Blockhouse Rd. one for the fitness center and one at the church. She wanted to know if either one of those had been checked. Jim Dougan stated that they have not been checked.

The Public Hearing was closed at 9:53 AM.

The special meeting was called to order at 10 AM.

Board Members present were Councilwoman LaPine, Councilman Wrisley, and Supervisor Boisen.

In attendance were Sally Johnson, Steve Phillips, Tina Gardner, Coleen Van Hoven, Dianne Lansing, and Jim Dougan.

At a regular meeting of the Town Board of the Town of Essex, Essex County, New York, held at the Town Hall, in Essex, New York in said Town, on July 9, 2013, at 9 o’clock A.M., Prevailing Time.

PRESENT:                                        Resolution #42 of 2013

Sharon Boisen

Supervisor

Mark Wrisley

Councilman

Claire LaPine

Councilwoman

_____________________________________

Councilman

_____________________________________

Councilman

WHEREAS, the Town Board of the Town of Essex, Essex County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202‑b of the Town Law, relating to the proposed increase and improvement of the facilities of Water District No. 1, in the Town of Essex, Essex County, New York, (“Water District No. 1”), being the construction of new water supply, treatment and storage facilities, and construction and reconstruction of the water distribution system, as well as original furnishings, equipment, machinery, apparatus, appurtenances, land or rights in land, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $3,075,000; and

WHEREAS, at a meeting of said Town Board duly called and held on June 20, 2013, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of Water District No. 1 in said Town at a maximum estimated cost of $3,075,000, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Essex, New York, in said Town, on July 9, 2013, at 9:00 o’clock A.M., Prevailing Time; and

WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and

WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT

ORDERED, by the Town Board of the Town of Essex, Essex County, New York, as follows:

Section 1.        Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of Water District No. 1, in the Town of Essex, Essex County, New York, being the construction of new water supply, treatment and storage facilities, and construction and reconstruction of the water distribution system, as well as original furnishings, equipment, machinery, apparatus, appurtenances, land or rights in land, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $3,075,000

Section 2.        This Order shall take effect immediately.

The question of the adoption of the foregoing Order was duly put to a vote on roll, which resulted as follows:

Supervisor_Boisen_________________________VOTING     yes

Councilman Wrisley_______________________ VOTING         yes

Councilwoman LaPine_______________________VOTING      yes

_______________________________________  VOTING  ___________

_______________________________________  VOTING  ___________

The Order was thereupon declared duly adopted.

*     *     *     *     *

BOND RESOLUTION

Resolution # 43 of 2013

At a regular meeting of the Town Board of the Town of Essex, Essex County, New York, held at the Town Hall, in Essex, New York, in said Town, on the 9th day of July, 2013, at _9_____ o’clock A. M., Prevailing Time.

The meeting was called to order by _Supervisor Boisen, and upon roll being called, the following were

PRESENT:

Sharon Boisen, Supervisor

Mark Wrisley, Councilman

Claire LaPine, Councilwoman

ABSENT:

Harold MacDougal, Councilman

Bryan Garvey, Councilman

The following resolution was offered by Councilperson _Wrisley who moved its adoption, seconded by Councilperson Councilwoman LaPine to‑wit:

Supervisor Boisen stated she has two candidates for attorney on the Ground Water Capital Project.  The first one is Matt Fuller from Glens Falls.  He is currently working on Ti water project.  His fee is $145/hr. The other candidate is  Oksana Ludd from Hiscock and Barclay in

Albany.  We used them for the Sewer Project.  The fee will be $255/hr.  The attorneys

were discussed and Supervisor Boisen stated she would prefer to go with Hiscock and Barclay. The Board agreed to go with Hiscock and Barclay.

Resolution # 44 of 2013

July 9^th, 2013

THE FOLLOWING RESOLUTION WAS OFFERED BY Councilwomen LaPine, WHO MOVED

IT’S ADOPTION.

BE IT RESOLVED that the Town of Essex authorizes Supervisor Boisen to sign a letter

of engagement for the Ground Water Capital Project with Hiscock and Barclay.

RESOLUTION WAS DULY SECONDED BY Councilman Wrisley AND WAS ADOPTED.

Supervisor Boisen         yes

Councilman Wrisley       yes

Councilwoman LaPine   yes

The Summer Youth Program came up for discussion.  Supervisor Boisen checked with Supervisor Hatch to see if there was a deadline for signing up for the Summer Youth Program. According to Supervisor Hatch there is no deadline.  Supervisor Boisen was told that 9 Essex children have signed up.  WE need to know what programs the

Money we send covers.  Supervisor Hatch told  Supervisor Boisen that he just needed

to know if Essex was going to pay or not.  Councilwomen LaPine stated if we are going to participate then we need a new contract the spells out exactly what we are paying for.

We need attendance records to know if the children go to the program each day.

Councilwoman LaPine stated it would be good to know exactly what we are paying

for.  Councilman Wrisley stated he wanted a list of everything the money covers.

Supervisor Hatch said the cost per child is about $700.  Councilwomen LaPine said she wants a contract with full disclosure. Supervisor Boisen will send a letter to Willsboro and ask for

facts and figures on the way the money is spent.

Councilman Wrisley asked if the librarian should be a Town employee since some of the money they receive is from the Town.  Dianne Lansing stated the Towns owns the building and library is a separate entity.  The money the Town receives is put in a general fund and used to pay

bills and the librarian’s salary. Dianne said they do not separate the money that comes in.

The Grange wants to be the same as the library and they are talking about hiring a manger.

Supervisor Boisen said she did not mean to cause conflict when she said if you want to treated

like the library then act like them.  Both provide the community with a lot of good.  The library

does not have a contract that says we will give them $10,000 every year.  Supervisor Boisen

said we have no idea where the budget is going to go this year.  It is not an answer that can

be given until we start the budget process for 2014.

Councilman Wrisley said he has a feel for this and that taxes are going to be high next year.

Councilwomen LaPine said she feels that the Grange wants a guarantee and we cannot give them one. She said we need to support both places, but we can only give what we can afford.

Dianne Lansing said a letter requesting funds from the Town for the fireworks this year was not sent because they had sufficient funds. Supervisor Boisen stated the 4^th of July was a wonderful event.  The web site was extremely busy on the 4^th weekend.

The meeting was adjourned at 10:45 PM.

Respectfully submitted                                           Audrey Hoskins, Town Clerk

Lake Street Wall

6/27/13

The bid opening was conducted at 3 PM.

Present for the bid opening was Jim Dougan, AES Northeast, Steven Borgerson, from

Riznick, James Currier from Luck Brothers.  Also present was Audrey Hoskins, Town Clerk.

Luck Brothers

73 Trade Road

Plattsburgh, NY 12901

Bid – $189,000

All required paperwork included.

Riznick Construction Corp.

1270 SW 26 Avenue

Fort Lauderdale, FL 33312

Bid –  $220,560

All required paperwork included.

Mid-State Industries, LTD.

1105 Catalyn Street

Schenectady, NY  12303-1836

Bid – $360,000

All required paperwork included.

Ganem Contracting Corp.

P. O. Box 1349

Clifton Park, NY 12065

Bid – $282,000

All required paperwork included.

The bids were opened and read.

Bid opening closed at 3:15 PM.

Respectfully submitted                                                      Audrey Hoskins, Town Clerk

D R A F T

Regular Board Meeting

6/20/2013

Supervisor Boisen called the meeting to order at 7 PM.

Supervisor Boisen led us in the Pledge to the Flag.

On roll call Board members present were Councilman Wrisley, Councilwoman LaPine,

Councilman Garvey and Supervisor Boisen.  Also present was Audrey Hoskins, Town Clerk.

Attending the meeting were Sandy Vance, Tom Mangans, Rita Fitzgerald, Lauren Murphy, Pat Tivnan, Jane Terlouw and Gert Thorn.

Councilwoman LaPine asked for a moment of silence for Chantal Paradis and Michael Bedoin.

Courtesy of the floor was offered and Sandy Vance spoke on behalf of the Library.

This is about the second phase of improving the facade of the library.  We are requesting approval to have the screen door painted, outside trim for the windows and we would like to replace the concrete slab in front of the library so that is handicapped accessible. We received two bids for the painting.  The low bid was from Terry Cross.   The Board asked Sandy to check with each bidder and see what they are doing for the bid they sent. Sandy stated they have contacted several people regarding the replacement of the concrete slab.  Mark Caulkins of McConcrete gave a bid of $792 to the concrete work. Sandy and Supervisor Boisen have talked about the sidewalk in front of the library and the needed repairs. The library and the Town could share the cost of sidewalk repairs. Supervisor Boisen and Jim Morgan are meeting with the State about the drainage problem. A diamond pane ramp by Jeffords Steel and Engineering Co. at a cost of $200 will complete the ramp.  Sandy said the library has received a generous grant from the Essex Community Fund which will cover the cost.

Resolution #33

6/20/2013

THE FOLLOWING RESOLUTION WAS OFFERED BY Councilman Wrisley.

BE IT RESOLVED, that the Town Board of the Town of Essex hereby accepts the resignation of James VanHoven from the Planning Board with regret and thanks for his many years of service to the Town.

THIS RESOLUTION WAS DULY SECONDED BY Councilman Garvey and WAS ADOPTED.

ROLL CALL:

Councilman Wrisley           yes

Councilwoman  LaPine      yes

Councilman Garvey            yes

Supervisor Boisen              yes

Resolution #34

6/20/2013

THE FOLLOWING RESOLUTION WAS OFFERED BY Councilman Wrisley.

BE IT RESOLVED, that the Town Board of the Town of Essex hereby appoints

Pat Tivnan as Chairperson of the Planning Board.

THIS RESOLUTION WAS DULY SECONDED BY Councilman Garvey and Councilwoman LaPine and WAS ADOPTED.

ROLL CALL:

Councilman Wrisley           yes

Councilwoman  LaPine      yes

Councilman Garvey            yes

Supervisor Boisen              yes

The Vice Chair for Planning Board was discussed and the position is being left vacant for the present.

Minutes for May 16^th, 2013 were presented to the Board.  Motion to accept minutes as presented was made by Councilman Wrisley.  Seconded by Councilwoman LaPine.  Roll call

Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman Garvey-yes and Supervisor Boisen-yes.

Zoning Officer Report – Supervisor Boisen stated she had questions on the April report. Supervisor Boisen asked if bullet points could be used to make it easier to read. Supervisor Boisen stated that personal information does not need to be in the report.  It should be just the facts. Supervisor Boisen said she would like to go over April with Lauren when they are both here.

The blasting permit that had been issued was discussed. Any further blasting was discussed and what the Code Officer’s role would be.

Resolution #35

6/20/2013

The following resolution was offered by Councilman Garvey.

Be it resolved the Town Board of the Town of Essex rescinds blasting permit #A1068 issued

to Cloudsplitter Carpentry on 4/30/13.as the Town is not the regularity agency and has no authority to issue blasting permits issue blasting permits. Be it further resolved that the $50 fee

collected will be returned to Cloudspliter Carpentry.

The resolution was duly seconded by Councilman Wrisley and was adopted.

ROLL CALL:

Councilman Wrisley           yes

Councilwoman LaPine       yes

Councilman Garvey            yes

Supervisor Boisen               yes

The Supervisor’s County report – The bar hours were approved and can now only serve alcohol until 3 AM.  Fema is moving forward with forty properties in the area that had Irene storm damage.

The County has assessors that they are allowing to work in County towns.  The towns of Elizabethtown, Westport and Willsboro are considered one Town and have a sole assessor. They have asked to contract with a County assessor, since their assessor’s contract is up.  Moving forward this could be an option for other Towns in the County. More assessors would have be hired if the Towns want to contract with the

County. What would need to be done to go to a sole assessor was discussed.

Ground Capital Water Project- We have a lot of work to secure funding of 1.5 million

that we have was discussed.

Town of Essex

RESOLUTION #36 of 2013

New York State Environmental Quality Review Act – Water District #1 Facilities Improvement Project- DWSRF Project #17629

The following resolution was offered by Councilperson Wrisley, and seconded by Councilperson LaPine, and adopted.

Whereas, the Town of Essex operates and maintains the Essex Water System also known as Water District #1 located in the Town of Essex; and

Whereas, the Essex Water System does not comply with the Federal Safe Drinking Water Act; and

Whereas, the Town of Essex was issued an enforcement action by the NYS Department of Health for the existing water supply which is deemed to be directly influenced by surface water and is not filtered; and

Whereas, the Town of Essex has previously received a commitment of funding for the Essex Water District from the NYS Drinking Water State Revolving Fund Hardship grant and zero interest loans to finance the proposed improvements, and

Whereas, the Town of Essex did retain AES Northeast, PLLC a duly licensed engineering firm in the State of New York, to develop a map, plan and report for the proposed improvements that incorporated the development of a new groundwater supply for the Essex Water System, and

Whereas, the engineering report recommends the construction of new facilities including two new wells, and fire flow improvements to existing waterlines on Main Street (County Route 22), Beggs Point Rd and School Street, and

Whereas, the filtration plant components on Beggs Point Rd is planned to be dismantled upon the development of the two new wells, and

Whereas, the proposed improvements to the Essex Water System and Water District #1 are necessary improvements to protect the public health and welfare; and

Whereas, the Town is required to comply with the New York State Environmental Quality Review Act (SEQR) 6 NYCRR Part 617, prior to undertaking any improvements; and

Whereas, on June 4, 2013  the Town issued a Notice requesting Lead Agency Status and that pursuant to 617.4(b) 28 of SEQR that the original proposed action would be considered a TYPE I Action as the proposed project includes a non-agricultural use occurring within an agricultural district as well as improvements to an existing system within the Town of Essex Historic District; and

Whereas, the Town has issued a Jurisdictional Inquiry Form to the regulatory agency, the Adirondack Park Agency, and

Whereas, the Town will comply with the Adirondack Park Agency requirements, and

Whereas, the Town of Essex intends to comply with any other environmental review and permitting requirements as necessary to address the need to minimize adverse environmental impacts, and

Whereas, any adverse environmental impact to disturbed areas associated with development of the proposed project as currently proposed will be mitigated through authorizing permit conditions and appropriate construction technology including restoration of all disturbed areas to be included by the project plans and specifications under preparation by AES Northeast, PLLC; and,

Whereas, all involved agencies were provided an opportunity to comment on the potential environmental impacts associated with implementation of the Essex Water System Improvements as currently proposed, and

Whereas, in response to said Notification of Request to be Lead Agency dated June 4, 2013, no other entity has superseded the Towns request, now

Whereas, the New York State Department of Health has approved the Lead Agency Request dated June 14, 2013 to develop new wells and replace the failing surface water filtration system, and

Whereas, the Essex County Department of Public Works approved the Lead Agency Request dated June 17, 2013 and the Town will provide project plans to comply with permit requirements, and

Whereas, the Town will continue to work with the New York State Historic Preservation Office to mitigate any potential threats to historic resources, and

Whereas, the Town of Essex received no response from NYS Agriculture and Markets department and has determined that compliance with the department will be necessary and will comply with permit requirements, and

Therefore Be It Resolved, that the Town Board of the Town of Essex acknowledges that the Town Supervisor did issue a Notification of Request for Lead Agency Status on June 4, 2013 pursuant to 617.6(b)(3)i and has reviewed the Environmental Assessment Form as well as the AES Northeast PLLC engineering report dated December 8, 2011, and

Be it Further Resolved, the Town of Essex is hereby the Lead Agency of the proposed Water System Facility Improvements, and

Be It Further Resolved, that following review of 617.7(c) criteria for determining significance, referenced documents and correspondence from involved agencies that the proposed project incorporating water supply improvements for the Essex Water System will not result in any long term adverse impacts to the natural or human environment, that identified adverse impacts are temporary resulting from project construction, and

Be It Further Resolved, that the proposed improvements to the Essex Water District #1 have been subject to the environmental assessment process in accordance with Section 617.7 under SEQR and that the Town Board hereby has determined that an environmental impact statement will not be prepared and that any adverse impacts associated with the project, including noise of construction equipment, dust from disturbed soils, minor traffic disruptions are temporary impacts only for the duration of the construction period, will not result in any long-term, adverse impacts to the environment and that a Negative Declaration is hereby authorized.  

Dated June 20^th, 2013

VOTING

Present:           Boisen,            Supervisor

Wrisley,           Councilperson

LaPine,            Councilperson

Garvey,           Councilperson

RESOLUTION # 37 of 2013

At a regular meeting of the Town Board of the Town of Essex, Essex County, New York, held at the Town Hall, in Town of Essex, New York on June 20, 2013, at 7 o’clock P.M., Prevailing Time.

PRESENT:

Sharon Boisen

Supervisor

Mark Wrisley

Councilman

Claire LaPine

Councilman

Bryan Garvey

Councilman

CALLING

PUBLIC

HEARING

WHEREAS, the Town Board of the Town of Essex, Essex County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of Water District No. 1 in the Town of Essex, Essex County, New York (the “Water District No. 1”), being the construction of new water supply, treatment and storage facilities, and construction and reconstruction of the water distribution system, as well as original furnishings, equipment, machinery, apparatus, appurtenances, land or rights in land, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $3,075,000; and

WHEREAS, said capital project has been determined to be a “Type I Action” pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act (“SEQRA”), the implementation of which as proposed, the Town Board has determined will not result in a significant environmental effect and the documentation relating to SEQRA, including a full Environmental Assessment Form, is available in the office of the Town Clerk for inspection during normal office hours; and

WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Water District No. 1, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202‑b of the Town Law; NOW, THEREFORE, IT IS HEREBY

ORDERED, by the Town Board of the Town of Essex, Essex County, New York, as follows:

Section 1.        A public hearing will be held in the Town Hall on Main Street, in the Town of Essex, New York, in said Town, on July 9^th, 2013, at 9 o’clock A.M., Prevailing Time, on the question of the increase and improvement of the facilities of Water District No. 1 in the Town of Essex, Essex County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law.

Section 2.        The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing.

Section 3.        The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof.

Section 4.        This Order shall take effect immediately.

The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows:

Supervisor, Sharon Boisen                  VOTING        Yes

Councilman, Mark Wrisley                 VOTING        Yes

Councilwoman, Claire LaPine            VOTING        Yes

Councilman, Bryan Garvey                VOTING        Yes

The order was thereupon declared duly adopted.

*     *     *     *     *     *     *

The need for an attorney for the Ground Capital Water Project was discussed.

The Board authorized Supervisor Boisen to search for an attorney for the Ground Capital

Water Project.  Councilman Wrisley stated that he would like someone local if possible.

He also wanted someone versed in this kind of law as did Councilwoman LaPine and

Councilman Garvey.

Supervisor Boisen discussed the correspondence from EFC and the list of items they required sent to them.  The properties that have been considered for the wells was discussed. There are a number of issues that need to be dealt with in order to secure funding for the project. Randy

Douglas, Supervisor of Jay will write a letter in our behalf to help secure funding.

Resolution #38

6/20/2013

THE FOLLOWING RESOLUTION WAS OFFERED BY Councilman Wrisley, WHO MOVED

IT’S ADOPTION.

BE IT RESOLVED that the Town of Essex authorizes Supervisor Boisen to sign a contract with Orrick  (Bond Counsel).

THIS RESOLUTION WAS DULY SECONDED BY Councilwomen LaPine AND WAS ADOPTED.

Supervisor Boisen         yes

Councilman Wrisley       yes

Councilwoman LaPine   yes

Councilman Garvey       yes

The Summer Youth Program was discussed. Supervisor Hatch was informed that Essex would not be participating in the summer program this year. Supervisor Boisen was informed by Bev Moran, Town Clerk in Willsboro that 4 Essex children have signed up for the summer program.

Supervisor Boisen was informed that the $6000 is also spent on sports.  The Board members stated that they had not been informed that the money was also spent on sports. Councilwoman LaPine stated the problem is the contract has never had anything other than summer youth program in the contract.  Councilman Wrisley stated he is not happy with the

run around the Town gets when asking for attendance records for the Summer program. Supervisor Boisen stated that we could pay for the individual child and see if Willsboro is willing

to accept this plan.  Councilman Wrisley said he would like a different contract.  Councilwoman

LaPine said that she agrees that the contract needs to more specific.  The Board members agreed they did not want to pay $6000 for four children. Councilman Garvey stated that we

should offer them $400 per child and see what the response will be. Supervisor Boisen stated she would find out the deadline for signing up and call that day and see how many children from Essex have signed up and that would be the number we pay for. The Board agreed to this.

Supervisor Boisen  gave an update on the status of the Proposed Zoning Revisions.  Jim

Van Hoven told Supervisor Boisen that he felt that Bill Kissel should go over the revisions again since there have been changes since the last time he reviewed them.  Supervisor Boisen stated she feels the Town Board should review the revisions again before it is brought up for a vote.

Councilman Wrisley stated there are questions that need answers since some of the wording is vague. Supervisor Boisen will get a copy of what Bill Kissel reviewed and email it to the Board for their review. Then we will need to hold public hearings.

New Business

Resolution of appreciation to Jim Van Hoven

Resolution # 39 of 2013

The following resolution was offered by Supervisor Boisen who moved its adoption.

Be it resolved the Essex Town Board authorizes Supervisor Boisen to compose a Resolution of Appreciation for the many years of service given to the Town by James VanHoven.

The resolution was duly seconded by Councilman Wrisley and adopted.

Roll call

Councilman Wrisley yes

Councilwoman LaPine yes

Councilman Garvey yes

Supervisor Boisen.

The hiring of a certified WWTP operator as per DEC requirements was discussed. The $4000 in

the sewer budget can be used to pay for this. The Board discussed the situation and the best way to handle it.

Resolution #40

6/20/2013

The following resolution was offered by  Councilman Wrisley who moved its adoption.

Be it resolved the Essex Town Board in order to meet DEC regulation appoints Tracey Smith certified WWTP operator to cover the position of certified WWTP operator when Tina Gardner is unavailable to work.

The resolution was duly seconded by Councilman Garvey and was adopted.

Roll call

Councilman Wrisley yes

Councilwoman LaPine yes

Councilman Garvey yes

Supervisor Boisen yes

Supervisor Boisen informed the Board that we received unexpected revenue from the Mortgage Tax.

Resolution # 41

The following resolution was offered by Councilman Wrisley who moved its adoption.

Be it resolved the Town Board of Essex approves a budget amendment increasing revenues in the amount of $3,711.18 to account number A3005 from unexpected revenue from Mortgage Tax.

The resolution was duly seconded by Councilman Garvey and was adopted.

Roll call

Councilman Wrisley yes

Councilwoman LaPine-yes

Councilman Garvey yes

Supervisor Boisen yes

Discussion of summer office hours. The Board discussed closing the Town Hall on Fridays

from 7/5/13 to 8/30/13.  The Town Clerk’s office is closed on Fridays after Taxes are returned to the County.  LeeAnn would like to take vacation days on Fridays.  Councilman Garvey said he did not have a problem unless complaints were received.   Councilman Wrisley said to try it, but

if there are a number of complaints it would need to be revisited.  Councilwoman LaPine said

to try it and see what happens.  Supervisor Boisen will have it advertised and see how it works.

Consideration of George Moore versus Met-Recy metal proposals was discussed. Met-Recy pays $125 per ton. Supervisor Boisen stated that she has tried to contact Met-Recy and the number is out of service. Supervisor Boisen has spoken with Tanner at George Moore they

Would pay $150 a ton this does fluctuate with the market.   Copper, aluminum, brass or other

nonferrous metals are paid at 75% of scale price and have their own weight tickets. Supervisor Boisen stated she tried to call Atkinson and their phone is disconnected.  Councilwoman LaPine

stated that Atkinson was out of business and George Moore has purchased the business.

Councilman Garvey stated he had no problem going to Moore if we are going to make more money. The Board discussed the best way to have Met-Recy’s container picked up. Supervisor Boisen will send a letter to Met-Recy and hopefully will get a response so she can discuss the

situation with them.

Committee Reports

Grange Hall Committee-MOU was updated by Councilman Wrisley. The Civic Assoc. extended the MOU.  Supervisor Boisen stated that the Town did not agree to an extension of the MOU. The representatives from the Grange want a payment of $10,000. They wanted Councilman Wrisley and Councilwoman LaPine to support the $10,000 payment and neither one did.    Councilman Wrisley wants to see what happens with the budget process for 2014 before a decision can be made about the Grange request. Councilwoman LaPine stated that we need to look at the long range plan and we have many buildings that have to be considered in the 2014 budget.  Councilwoman LaPine stated that they have not received a real budget and she has asked for one many times.   The Grange committee members have basically said if they don’t get the $10,000 they can not operate. Councilwoman LaPine asked for other options, one was the $10,000, two we stay with the MOU, three purchase of the building.  Supervisor Boisen asked if one of the Board members on the committee would contact Bill Kissel for a legal opinion on whether or not monies that have been spent by the Civic Assoc. on the building can be considered as payment to purchase the Grange. Supervisor Boisen stated she has many concerns as to rules the Town Board has implemented and are not being enforced at Grange events. The Board discussed the alcohol issue on Town property.

Personnel Committee up date was given by Councilman Wrisley.  The committee has been working on the policy manual. There are a number of issue we have worked on. We have worked on the insurance for the Town employees.  Drug testing was discussed and who should be tested. Salaries will be worked on at our next personnel committee meeting.

Long Range Strategic Plan Committee met and will be meeting again on June 25^th, 2013.

The Board discussed the properties the Town owns and what can be done with them.

Buildings and Grounds Committee

The Pink Pig has requested that the Town place trash containers in the downtown area and

maintain them. Super visor Boisen said we would need to budget for them in next year’s budget.  Councilwoman LaPine stated when she was in Begs Park that there was a trash can there and there still was trash on the ground.   The Board discussed how the trash would be paid for and the suggestion was the businesses in Town would pay.  The Town would be willing to pay for three trash containers to place along Main Street.  The pickup of the trash was discussed.  Supervisor Boisen will look into the price for trash containers.

Councilwoman LaPine stated that the swings at Begs Park need a layer of chips placed under them.

Councilwoman LaPine asked if one of the picnic tables could be placed down by the Library where it has been mowed.

The bills were presented to the Board.  Motion to accept and pay bills was made by Councilwoman LaPine.  Seconded by Councilman Wrisley. Roll call Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman Garvey-yes and Supervisor Boisen-yes.

Councilman Wrisley wanted to know what type of safety gear the transfer site, the sewer

plant operator and the water superintend need to have and how will this be paid for. These issues were discussed. Councilman Wrisley will take this to the Personnel committee for more discussion.

Water Sewer rents report was presented to the Board.  Overdue bills were discussed. A late fee will be added. Motion to accept report as presented was made by Councilman Garvey.  Seconded by Councilman Wrisley. Roll call Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman Garvey-yes and Supervisor Boisen-yes.

Supervisor’s report was presented and discussed.  Motion to accept report as presented was made by Councilman Wrisley.  Seconded by Councilwoman LaPine. Roll call Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman Garvey-yes and Supervisor Boisen-yes.

As there was no further business to come before the Board the meeting was adjourned.

Motion to adjourn at 10:30 PM was made by Councilman Garvey.  Seconded by Councilman Wrisley. Roll call Councilman Wrisley-yes, Councilwoman LaPine-yes, Councilman Garvey-yes and Supervisor Boisen-yes.

Respectfully submitted,                                                                    Audrey Hoskins, Town Clerk

TOWN OF ESSEX PLANNING BOARD

Minutes of Public Hearing and Regular Meetings of June 6,2013

PUBLIC HEARING #1

Call to Order:    Acting Chair Pat Tivnan called the public hearing to order at 7 PM.

Present:             Gerry Spooner, Lauren Murphy, Ken Hughes, Mike Sherman, Bill Bateman,  Janet Kuhl ,John Olberg, and Tom Stransky.

Attendance:       Present: Olive Alexander, H. Nicholas Muller Ill, Pat Tivnan, Mark Walker, and David Hislop.

Absent: Derrick Wrisley.

Special Use Permit: Tax map #40.73-2-9.000.. Application by Ken Hughes to create a computer business in the front section of 2307 Main St. owned by Stransky Family LLC.  The front part of this building has not been in commercial use for 9 years, and this permit will approve reinstating that use.  The remainder of the building is going to stay residential.  The building is in the Essex Hamlet and Historic Overlay District.

There were no public comments.

Motion to close the Public Hearing was made by Nicholas Muller III and seconded by Olive Alexander. The motion carried unanimously, none abstained, Derrick Wrisley absent.

Public Hearing # 2

Call to Order:    Acting Chair Pat Tivnan called the public hearing to order at 7:05 PM.

Present:             Gerry Spooner, Lauren Murphy, Ken Hughes, Mike Sherman, Bill Bateman,  Janet Kuhl ,John Olberg, and Tom Stransky.

Attendance:       Present: Olive Alexander, H. Nicholas Muller Ill, Pat Tivnan, Mark Walker, and David Hislop.

Absent: Derrick Wrisley.

Site Plan Review:  Application by owner, John Orberg, to construct a deck and stairs and do minor exterior renovations and landscaping at 2268 Lakeshore Road.  The building is in the Essex Hamlet and Historic Overlay District.

There were no public comments.

Motion made to close the public hearing was made by Nicholas Muller III and seconded by David Hislop.

Motion to close the public hearing was approved unanimously by all in attendance, none abstained, Derrick Wrisley absent.

Public Hearing # 3

Call to Order:    Acting Chair Pat Tivnan called the public hearing to order at 7:10 PM.

Present:             Gerry Spooner, Lauren Murphy, Ken Hughes, Mike Sherman, Bill Bateman,  Janet Kuhl ,John Olberg, and Tom Stransky.

Attendance:       Present: Olive Alexander, H. Nicholas Muller Ill, Pat Tivnan, Mark Walker, and David Hislop.

Absent: Derrick Wrisley.

Site Plan Review: Tax Map #40.3-2-8.111.  Application by owner, Larry Smead, to construct an architecturally- compatible wood frame addition on the south side of the old Country Store building north of Essex village for the storage of vehicles. The building is in the Essex Hamlet and Historic Overlay District.

There were no public comments

Motion made by Nicholas Muller III and seconded by Olive Alexander to close the public hearing, which was approved unanimously by all in attendance, none abstained, Derrick Wrisley absent.

REGULAR  MEETING

Call to Order:    Acting Chair Pat Tivnan called the regular meeting to order at about 7:15 PM.

Present:              Gerry Spooner, Lauren Murphy, Ken Hughes, Mike Sherman, Bill Bates, Janet KuhI, John Olberg, and Tom Stransky.

Attendance:               Present: Olive Alexander, H. Nicholas Muller Ill, Pat Tivnan, Mark Walker, and David Hislop Absent: Derrick Wrisley

Approval of Minutes of May 2, 2013 Meeting of the Planning Board:

Nicholas Muller moved that the minutes be approved Seconded by Mark Walker

Motion abstained by David Hislop, absent last month.

Motion carried unanimously by remainder of Planning Board,Derrick Wrisley absent.

Old  Business:

Special Use Permit: Tax map #40.73-2-9.000.  Application by Ken Hughes to create a computer business in the front section of 2307 Main St. owned by Stransky Family LLC.  The front part of this building has not been in commercial use for 9 years, and this permit will approve reinstating that use.  The remainder of the building is going to stay residential.  The building is in the Essex Hamlet and Historic Overlay District.

.

A short form SEQR for the project was reviewed. Motion to approve negative SEQR findings made by Olive Alexander, seconded by David Hislop.  All approved, none abstained, Derrick Wrisley absent”.

Motion to approve the draft permit was made by Nicholas Muller III, seconded by David Hislop.

A brief  discussion was had on any parking concerns (expectation of 8-10 students per course). Motion to approve the permit passed unanimously, none abstained, Derrick Wrisley absent.

Site Plan Review:  Tax Map #40-73-6-7.000.

Site Plan Review:  Application by owner, John Orberg, to construct a deck and stairs and do minor exterior renovations and landscaping at 2268 Lakeshore Road.  The building is in the Essex Hamlet and Historic Overlay District.

A short form SEQR for the project was reviewed. Motion to approve negative SEQR findings was made by Nicholas Muller III,  seconded by David Hislop. All approved, none abstained, Derrick Wrisley absent.

Motion to approve the draft permit was made by Nicholas Muller III,  seconded by Olive Alexander

A correction was made to the draft permit to change Tim Sherman to Mike Sherman.

Motion to approve the permit passed unanimously, none abstained, Derrick Wrisley absent.

Site Plan Review: Tax Map #40.3-2-8.111. Application by owner, Larry Smead, to construct an architecturally- compatible wood frame addition on the south side of the old Country Store building north of Essex village for the storage of vehicles. The building is in the Essex Hamlet and Historic Overlay District.

A short form SEQR for the project was reviewed. Motion to approve negative SEQR findings made by Mark Wrisley and seconded by Olive Alexander. All approved, Derrick Wrisley absent, none abstained..

Motion to approve the draft permit was made by Nicholas Muller III, seconded by Olive Alexander

Discussion regarding the desire to ensure no future lighting would shine into nearby residents – the draft permit was modified to include “Any future lighting shall be shielded to minimize impacts on nearby residences”.

Motion to approve the draft permit as amended was made by David Hislop,  seconded by Olive Alexander. Motion passed unanimously, Derrick Wrisley absent, none abstained.

New Business:

Special Use Permit: Tax map #40.65-3-5.2000. John Doyle (owner) and Deb Schrodt (lessee). Motion to approve the draft permit amendment was made by Nicholas Muller Ill and seconded by Mark Walker.

.

Ms Schrodt wishes to expand the menu of food offerings at the “Pink Pig” store, which could perhaps make her establishment a restaurant. The building is in the Essex Hamlet and Historic Overlay District.

Discussion followed on what was being requested here.  The planning board noted that the request was clear no food was to be prepared on the premises, so decided not to require a restaurant change of use for the building.  The draft permit was modified to say, “ Add the sale of baked goods , coffee, bagels, and light prepared foods, with the provision that food will not be prepared on premises”. All such food must meet the requirements of the Essex County Board of Health, the New York State Dept of Health regulations, and all other applicable codes and regulations. Any significant change in food service offerings or preparation will require a new application to the Essex Planning Board,. This action takes effect immediately.  Resolution to approve the amended permit amendment was moved by Nicholas Muller Ill and seconded by Mark Walker. All approved, none abstained,   Derrick Wrisley absent.

.

Joe Dinapoli- Artist-in Residence at the Adirondack Art Association (Summer-Fall 2013), Main Street, Essex Hamlet. Questioned if he could do pottery work on the sidewalk outside the building as he waits for customers.  He would talk and show people how potters create their products.

: The Board agreed no permit was required as creating art at the Art Gallery did not require any change of use.

Report of Acting Planning Board Chair:  Acting Chair Pat Tivnan read a resolution of appreciation for Dr James Van Hoven written by Nicholas Muller III .  It will be copied and sent to Dr Van Hoven and added to June minutes.

Resolution  moved by Nicholas Muller III and seconded by Mark Walker. All approved, none abstained, Derrick Wrisley absent.

Report of Zoning Officer: Lauren Murphy – no verbal report.  Did question if she needed a permit to hang a Realtor sign on her  home.  Acting Chair Pat Tivnan with David Hislop assistance found Sign permit regulation # 4.28.2.3 that states home business sign does not require a permit.

Adjournment: Nicholas Muller III moved the meeting be adjourned.  Seconded by Mark Walker All approved, none abstained, Derrick Wrisley absent.  Meeting adjourned at 8:00 PM.

Submitted by

Mary Hopkins

Planning Board Secretary

Notice is Hereby Given that the Town Board of the Town of Essex, Essex County, New York , will meet at the Town Hall, 2313 Main Street in Essex New York, on July 9th, 2013, at 9 o’clock AM, Prevailing Time, for the purpose of conducting a public hearing, upon a certain map, plan and report, including an estimate of cost, in relation to the proposed increase and improvement of the facilities of Water District Number 1 in said Town, being the construction of new water supply, treatment and storage facilities, and construction and reconstruction of the water distribution system, as well as original furnishings, equipment, machinery, apparatus, appurtenances, land, or rights in land, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $3,075,000.  The Town has determined this capital project to be a “Type 1 Action” pursuant to the regulations of the New York State Department of Environmental Conservation Quality Review Act (“SEQRA”), the implementation of which as proposed, the Town Board, has determined, will not result in a significant environmental effect. SEQRA compliance documentation, including a full Environmental Assessment Form is available in the Office of the Town Clerk where it may be inspected during normal business hours. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Essex, New York, June 29, 2013. BY THE ORDER OF THE TOWN BOARD OF TOWN OF ESSEX, ESSEX COUNTY NEW YORK.

Zoning/Codes Officer

May 1 – May 30, 2013

Essex Town Board

Essex Planning Board

5/1/13 – Site visit Cannon Point, blasting permit for foundation and septic installation.  Copy materials for planning board meeting.  Klipper SPR amendment for exterior changes at the Estus House (dormers and windows).

5/2/13 –  Look up old pool house permit for Gary Heurich and make copies.  Reissue for 2013.  Talk to Sandy Lewis re. septic field completion at farm housing site in Whallonsburgh…hook up other two houses to system, enlarge leach field, etc.  500’ abutters list for Country Store project and deed.  Put together project files for PB meeting.  Meeting with Karen Judge and Jim Van Hoven re. parking availability in the village.  Karen will draw up a map and key to parking places and post on CFES website as part of the conference addition project.  PB meeting in evening.

5/3/13 – Not in office.

5/6/13 – Take documentary photos before blasting work at Cannon Point.  Meet with Jim Van Hoven re. PB permits to be written up.  Talked to Richard Aberle about vacant trailer on Leaning Road (Benway).  David Graves is going to purchase the lot and have the trailer removed this summer.  Spoke with John Klipper about a few aspects of the zoning ordinance revisions that effected his properties on School and Elm Streets.  Easement list update from David Hislop at ECHO for files.  Spoke to Mike Hance re. his garage operation on Sayre Road and possible sites for his expanding hauling business.  Directed him to the SBA office in Plattsburgh to help put together a business plan and to look for grants/loans, etc.

5/7/13 –  Copy 2013 building permits for assessors.  Site visit to the French house on Daniels Road, second phase of construction work beginning. Check on Fiegl garage project on Jersey Street.  Inspect blasting at Cannon Point project.

5/8/13 –Draw up list of annual inspections for fire & safety codes.  Research temporary storage container regulations for possible adoption by Town of Essex.

5/9/13 – Answered complaint about large-scale dumping of household and construction waste on a property in Whallonsburgh.  Called John Blaise at DEC to investigate.  Met with Mike Hance and SBA rep from Plattsburgh re. business plan, grants and possible relocation of his garage business from his home to an existing commercial location.

5/10/13 – Septic system design and permit to Mike and Cindy Pratt.  Site visit to new house location on Alden Road.  Site visit to Klipper project on South Main Street re. deck installation and new windows.

5/13/13 – Asssist with fillng out APA JIF for Mike and Cindy Pratt for new house project on Alden Road.  Work on board report.  Site visit to Klipper project on Elm Street.

5/14/13 – Inspection at Cannon Point project re. underground electrical and septic installations for new camp.  Work on board report.  Make list of potential property maintenance violations in Essex village to investigate.

5/15/13 – Researched question from Racey Bingham about height and construction of a new stair railing needed for their farmhouse entrance re. insurance company request.  Researched handicap access requirements for ramps, doorways and bathrooms and print out specs and diagrams to give to contractors.  Site visit to Ierardi project on Lakeshore Road.

5/16/13 – Talked to Emily Gardner about plans for her home studio in the barn on Elm Street and for renovations to the house on the same site, including specs needed for building permit and planning board permit applications.  Finished monthly report.  Talked to Deb Schrodt re. a possible loading zone in front of her store for antique pick-up, etc.  Town Board meeting in pm.

5/17/13 – Building permit for Mike Pratt’s new house foundation and site work.  Building permit for a board fence out behind the old Country Store building north of the village.  Letter to Jane Klaus-Scarborough re. height of fence in her side yard and impact on a neighboring property.

5/20/13 – Sign for Chez Ray and Lynn at the Essex Shipyard re. conformance with sign ordinance in village, consult with PB members.  Deteriorated fence along Shipyard driveway taken down by Bessboro Builders during Orberg project (thank you!)  Inspect site work at Cannon Point re. prep for concrete foundation work.

5/21/13 –  Copy of Scarborough letter to Linda Coffin.  Discussion of scope of landscaping work at Quarry Cottage and resolution of driveway issue with neighbor.  Look into property maintenance issues at Ames house (South Main St.), Estus house (School Street) and Sweatt House (Route 22) for possible action.  Two houses may be in foreclosure, making it hard to get anything taken care of.

5/22/13 – Out of Office – Drs. appt in VT.

5/23/13 – Talked to David Graves re. his purchase of the Benway property on Leaning Road, trailer demolition, water and septic separation distances, footprint of new house, building code requirements, distance from the river, etc.  Site visit to property to look at actual separation distances for water and septic and footprint of new house re. setbacks from front and side lot boundaries and the Boquet River.  Talked to contractor re. brick repair work at Norma Goff’s on Beggs.  Talked to John Blaise at DEC who had investigated an active dumping site near the Boquet River in Whallonsburgh and next steps.

5/24/13 – Out of Office (New Jersey)

5/27/13 –  Out of Office (New Jersey)

5/28/13 –  Review Stransky and Orberg draft permits for PB meeting.

5/29/13 – Meet with Jim Van Hoven re. PB agenda for 6/6 meeting.  Copies of short form EAF for 3 public hearings.  Mike Pratt building permit.  Talked to Mike MacNamara at APA re. Pratt and Pataki projects re. “subdivision of sites” and principal building counts on a large property.  Refund for blasting permit Cannon Point.  Town does not have an ordinance nor wants the responsibility of one…just check that any blasting outfit is properly licensed and has insurance prior to blasting. Inspect Barbara Kunzi’s house for C. of O.

5/30/13 –Discussion of Town buying and installing 3-4 garbage containers in the village by stores as brought up by Deb Schrodt at the Pink Pig.  C. of O. for Barbara Kunzi’s new house on Bull Run.  PB agenda updated.  Ok for Ray for sign by road at Chez Ray and Lynn.  Review and comment on  draft parking plan from Karen Judge.  Talked to Kay Scarborough re. height of fence at her Whallonsbay Camp and steps to resolve zoning violation.

5/31/13 – Finalize PB meeting agenda.  Copy meeting/permit materials for PB members.  Schedule site visits to Ierardi and Fortune projects with Mark Hall.  Revision made to parking plan and submitted for PB review by Karen Judge.  Emails with Todd Goff re. treehouse project at his Main Street house.

Building Permit Fees (May 2013):    $290.00

Cloudsplitter Carpentry (Blasting Permit) – $50.00

Mike Pratt (New House) – $120.00

Meredith Hanna (Renovations) – $40.00

Mike Pratt (Septic Permit) – $40.00

Cloudsplitter Carpentry (Foundation Work) – $40.00

Zoning Permit Fees (May 2013):   $25.00

Deborah Schrodt (Special Use Permit) – $25.00

Total Fees:  $315.00

Respectfully submitted,

Lauren Murphy

Essex Zoning/Codes Officer

4/15/2013