DRAFT
Regular Board Meeting
4/14/2011
The meeting was called to order 7:03 PM.
Supervisor Boisen led us in the Pledge to the Flag.
On roll call Board members present were Councilwoman LaPine, Councilman MacDougal, Councilman LaForest, Councilman Wrisley and Supervisor Boisen.
Also present was Audrey Hoskins, Town Clerk.
Visitors included Tina Gardner, Jim Morgan, Highway Superintendent, Patty Bashaw, Kevin Shaw, Catherine DeWolff, Deb Bridge, Steve Phillips, Norma Goff, Jane TerLouw, Bonnie Monoski, Craig Jackson, Grace Drummond, Janice Moran, Dianne Lansing, James Garvey, Jan Terlouw and Bill James.
Patty Bashaw, President of Elizabethtown-Lewis Emergency Squad and Kevin Shaw, Captain of the Essex Rescue Squad, discussed the ambulance issue. Billing for ambulance services was discussed. How billing rates are set was discussed. Coverage issues were discussed. Daytime coverage is becoming a problem. A response of ten minutes is required or it gets sent to another Town. We need more volunteer EMTS. State requirements and costs were discussed. The current solution that has been talked about is, creating an Ambulance agency not an ambulance district. Establish 5013C origination between Willsboro and Essex Rescue squads. Functionally consolidate the ambulances so they can operate as one district for the two towns. Transfer from a NYS Certificate of need to operate in the two towns. Tap unused income potentially billing through insurance to generate revenue for operating costs, future equipment and vehicle purchases. Provide same service by the same people and work on recruitment and retention. The Towns will contract with the ambulance service for provision of emergency medical and ambulance services with Willsboro-Essex Rescue Squad. Patty said the next step is for the two squads to get all their facts together and come back and present it to the two Towns. Kevin said this still a work in progress. Supervisor Boisen asked to be kept updated.
Approving minutes
Motion to approve the 3/10/11 Informational Sewer meeting and the 3/10/11 Regular Board meeting was made by Councilman Wrisley. Seconded by Councilman MacDougal. Roll call Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman LaForest-yes, Councilman Wrisley-yes and
Supervisor Boisen-yes.
Discussion of Bills
General Fund $ 9,548.86
Highway 40,556.98
Water 436.61
Street Lights 532.59
Transfer Station 2,911.92
Sewer Fund 21,088.11
Sewer Fund Contractors 1,002,183.51
General Prepay 5,152.84
Highway Prepay 7,665.03
Water Prepay 31.36
RESOLUTION # 7 of 2011
4/14/2011
THE FOLLOWING RESOLUTION WAS OFFERED BY Councilman Wrisley, WHO MOVED ITS ADOPTION.
BE IT RESOLVED that the Town of Essex Transfer $2131.00 from the Supervisor’s Personal service Account A1220.10 to Unemployment Account
A9050.8.
THIS RESOLUTION WAS DULY SECONDED BY Councilman MacDougal AND WAS ADOPTED.
ROLL CALL:
Boisen yes
Wrisley yes
LaPine yes
LaForest yes
MacDougal yes
RESOLUTION # 8 of 2011
4/14/2011
THE FOLLOWING RESOLUTION WAS OFFERED BY Councilman Wrisley, WHO MOVED ITS ADOPTION.
BE IT RESOLVED that the Town of Essex Transfer $197.28 from the Assessor CE Account A1355.4 to Assessor EQ Account A1355.2.
THIS RESOLUTION WAS DULY SECONDED BY Councilman MacDougal AND WAS ADOPTED.
ROLL CALL:
Boisen yes
Wrisley yes
LaPine yes
LaForest yes
MacDougal yes
Motion to accept bills as presented made by Councilman Wrisley. Seconded by Councilman MacDougal. Roll call Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman LaForest-yes, Councilman Wrisley-yes and
Supervisor Boisen-yes.
Zoning Officer Report
During the month of March, I issued the following permit:
3-3-11 CC-959 A certificate of compliance to Essex Farms of 2503 NYS Route 22 for a solar array. No charge.
3-16-11 CO-960 A certificate of occupancy to Essex Inn of 2297 Main Street [Tax Map # 40.73-2-12] for A2 restaurant, B business, & R1 hotel for transients. No charge.
3-29-11 CC-961 A certificate of compliance to Josh
Schwartzberg of 607 Middle Road [Tax Map #40.3-2-14.2] for a solar array. No charge.
3-30-11 S-962 A building permit to Nelson Riley of 545 Middle Road [Tax Map #40.3-2-14.1] for alterations to existing building for indoor storage units. Fee: $100
In addition to issuing permits, some of my other activities have been:
3-1-11 Worked on filing by tax map number. Inspected Essex Inn with concerns about a door off the bar room. General thought is that it isn’t needed for egress. Issues are snow build-up and general winter access.
3-2-11 Worked on filing. Inspected projects at Clint Allen’s and 4 Elm Street (former Anderson residence).
3-3-11 Met with Planning Committee and A.P.A. regarding zoning map changes. Met with electricians at Essex Inn to discuss lighting of exit signs.
3-3-11 Stopped at Eric Brant’s. No one was at home.
3-4-11 Went to County for supplies.
3-5-11 Worked on monthly report.
3-7 & 3-8-11 Snowstorm
3-9 & 3-10-11 Attended codes conference in Lake Placid. Commuted both days.
3-11-11 Out of town for family wedding
3-14-11 Worked on filing.
3-15-11 Inspected renovation project at 4 Elm St.
3-16-11 Prepared certificate of occupancy for Essex Inn. Worked on filing.
3-17-11 Stopped to see Eric Brant. Evident that he had moved.
3-21-11 Met with Brian Trzacos to begin application process for special use permit. Continued work on filing. Evening phone consultation with Brian Trzacos from my home.
3-22 & 3-23-11 Worked on filing.
3-24-11 Phone conversation with Jim VanHoven regarding our sign ordinance.
3-28-11 Met with Brian Trzacos to clarify questions regarding his application.
3-28-11 Met with contractor regarding application for work on 4 Elm Street.
3-29-11 Met with Jim Barrett and Doug West to discuss proposed minor sub-division on Jim Barrett’s property.
3-29-11 Inspected 4 Elm Street project.
3-29-11 Called Mary O’Dell at A.P.A. regarding wetlands on Jim Barrett property.
3-30-11 Worked on filing.
Respectfully submitted David S. Lansing
Motion to accept Zoning Officer report made by Councilwoman LaPine. Seconded by Councilman MacDougal. . Roll call Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman LaForest-yes, Councilman Wrisley-yes and Supervisor Boisen-yes.
Planning Board report
Supervisor Boisen introduced Cathy DeWolff, candidate for Planning Board secretary. Jim Van Hoven interviewed Cathy and recommends she be appointed.
Motion to appoint Cathy DeWollf as Planning Board secretary was made by
Councilman LaForest. Seconded by Councilman Wrisley. Roll call Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman LaForest-yes, Councilman Wrisley-yes and Supervisor Boisen-yes.
Supervisor’s County report
Supervisor Boisen said Sheriff Cutting told her there is summer youth camp program for child who are from low income families. Eight spaces still open.
Councilman LaForest asked about the bed tax. How will it affect our Town B & B. Supervisor Boisen said she would get information for Jim on this subject. The renaming of the jail was discussed. Supervisor Boisen said the committee for this decided not to rename the jail. A plaque is being considered for Henry Hommes and other in law enforcement that have died.
Old Business
Consideration of wastewater treatment plant operator was discussed. Supervisor Boisen said she feels we need to create this position. Councilman LaForest asked if we have any job decryption for the position. Supervisor
Boisen said she has the job description from the DEC. Councilman MacDougal said from our discussion of this position at the Sewer meeting we will just do wastewater treatment plant operator. I f we want to combine the two positions
Water & wastewater down the road we discuss it at that time. The applicant will need to work with a licensed operator for one year and they can be working on their certification during this time.
Motion to create a wastewater treatment plant operator part time position made by Councilman LaForest. Seconded by Councilman MacDougal. Roll call Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman LaForest-yes, Councilman Wrisley-yes and Supervisor Boisen-yes.
Consideration of sewer ordinance and the scheduling of a public hearing were discussed. The rate per gallon to be charged was discussed. All benefited users in the sewer district will repay debt service. Debt service repayment per benefited user is about $235.00 per year. The basic charge per year will be about 534.10 per year. A charge of five cents per gallon will be charged for usage over 3000 gallons per quarter. These charges may have to be adjusted after the fist year of operation.
Supervisor Boisen said we will have expenses this year. A certified operator and an operator in training and there is a possibility of a loan payment due at the end of this year. We will have other operating expenses that we will have to pay. Supervisor Boisen said we really need to start charging now for the sewer. Councilman LaForest said as long as it’s legal he does not have a problem with this. Councilwoman LaPine asked when should we start billing. Supervisor Boisen said as soon as possible. We should not borrow from the general fund to cover these costs. We will need a lawyer to go over the ordinance and then schedule a public hearing. Supervisor Boisen said that we could work out a payment plan for this year 2011. We need to move forward with the billing so that we can pay our bills for the sewer district.
A public hearing to be schedule for June 21st, 2011 at 6 PM to discuss the sewer ordinance.
Supervisor Boisen responded to Mr. TerLouw˜s question about general fund money used for the sewer project. She said that money form the general fund has been used to cover expenses for the last ten years. The general fund is owed over a quarter of a million dollars from the sewer fund. The hope is that at the end of the project this money will be paid back to the general fund. The operating cost of the sewer plant can not be paid for with grant monies. Supervisor Boisen said that at the of the project if there are no funds to pay back the general fund, the sewer district resident would be responsible for the money owed to the general fund. This money has to be paid back to the general fund.
Councilman Wrisley said that the Board was told for the last ten years that this money would be paid back.
Easement update – The lateral easements are coming along thanks to Bonnie Monoski and Jane TerLouw. Then have been working diligently on this.
NYSERDA Grant – Town Hall update – Mr. Spooner finished the energy efficiency work on the Town Hall which was funded by the NYSERDA grant last Friday. It is much warmer in here now.
Building and Grounds update – Councilwoman LaPine said the RFP has been in the paper for the well at the Highway Department. Scotty Ginn is working on a spreadsheet showing all the Town property. We are getting organized. Norma Goff asked the status of Beggs dock. Councilwoman LaPine said we have not gotten to this project yet. Supervisor Boisen said the there is $3605 that has come from fund raisers and $2500 the Town budgeted for this project. Councilwoman LaPine was concerned with the sewer work on Beggs this summer if the park would be usable and safe. Supervisor Boisen will check on this. Councilwoman LaPine said we have many things that need immediate attention such as the dock, the Octagon School, the library roof which has a leak.
The buildings and grounds committee needs to be notified of the leak in the roof at the library. Katherine Cross needs to be notified that we will have the leak fixed.
The mowing will need to be done and Eugene is willing to do the mowing again this year. Don Doyle will mow at the Octagonal school.
Union negotiations committee
Supervisor Boisen would like to meet in executive session and then have a committee of two take our guidelines and meet with the negotiating team from the Highway and union. Then the committee of two will come back to the Town with the results of these negotiations.
New Business
A Public Hearing to appoint Audrey Hoskins as Water Rent Clerk. The Town
Board appointed Audrey and in order to pay her the Water Rent Clerk salary we need to have a Public Hearing. Public Hearing was scheduled for Thursday, April 28th at 6PM at the Town Hall.
The purchase of two new trucks for the Highway Department was discussed. The money will come from the Highway Reserve fund. An RFP will be placed
in the paper. Jim Morgan will get the spec to the Town Clerk.
The contract with the Town of Willsboro for the summer youth program was discussed. Willsboro refused the contract that was signed saying the Deputy
Supervisor did not have the authority to sign the contract. Willsboro is asking for $6000. In the budget we the line item for the youth program is $4000. We felt they would cut their payment to the Senior Center, they did not they sent us $3000. Councilman MacDougal asked how many attended last year. It was 4 or
5 children attended. Only 2 attended full time. A registration fee paid to the Town was discussed.
The Senior Center was discussed.
Councilwoman LaPine said she would like to pay for the summer youth program the same way we pay for the ski program on an indivual basis at a set fee per child. The parent also contributes. The Board members all agreed this is just too expensive when we have such low attendance. Supervisor Boise said she would contact Willsboro and say that we will pay them the $4000 and send 10 or less children this year. If they are not happy with this then we will void the contract and not signing another. Councilman Wrisley said we need another plan; we can not afford the $6000 each year for the low attendance rate.
The amendment to the parking law section 4 (see below) was discussed.
SECTION 4. Penalties: The Town of Essex Highway Superintendent or his deputy is hereby authorized to order any vehicle parked in violation of this Local Law can be removed from the highway. If the owner of said vehicle cannot be readily ascertained, or if the ascertained does not comply, the Town of Essex Highway Superintendent or his deputy shall promptly contact a towing service and order the vehicle removed at the owners expense…The owner of said vehicles shall be subject to a minimum fine of $250.00 and up to 10 days in jail for the first violation and a minimum fine of $350.00 and up to 15 days in jail for the second offence and on subsequent offences a minimum increase of $100.00 fine and 5 days in jail.
Resolution # 9
Amendment to Parking Law #2 of 2009
4/15/2011
THE FOLLOWING RESOLUTION WAS OFFERED BY Councilman LaForest, WHO MOVED ITS ADOPTION.
BE IT RESOLVED that the Town of Essex amends section four to read as
SECTION 4. Penalties: The Town of Essex Highway Superintendent or his deputy is hereby authorized to order any vehicle parked in violation of this Local Law can be removed from the highway. If the owner of said vehicle cannot be readily ascertained, or if the ascertained does not comply, the Town of Essex Highway Superintendent or his deputy shall promptly contact a towing service and order the vehicle removed at the owners expense…The owner of said vehicles shall be subject to a maximum fine of $250.00 and up to 10 days in jail for the first violation and a maximum fine of $350.00 and up to 15 days in jail for the second violation and on subsequent violations a maximum increase of $100.00 fine and 5 days in jail.
THIS RESOLUTION WAS DULY SECONDED BY Councilman Wrisley AND WAS ADOPTED.
Roll call
Councilwoman LaPine-yes
Councilman MacDougal-yes
Councilman LaForest-yes
Councilman Wrisley
Supervisor Boisen-yes
Amendments #10 & 11 were discussed at the sewer information meeting. The request increased mileage charges was discussed further by the Board. Supervisor Boisen said she felt they are both legitimate requests and we have asked for a lot of extras during this project, including the Beggs Park error on our part from our Planning Board and Town Board. They have made additional trips here whenever we have asked them to meet with us. Motion to give Supervisor Boisen permission to sign the amendments with AES made by Supervisor Boisen. Seconded by Councilman Wrisley. Roll call Councilwoman LaPine-yes, Councilman MacDougal-no, Councilman LaForest-yes, Councilman Wrisley-yes and Supervisor Boisen-yes.
The relocation of the Essex Town Historian to the Historic Essex Building was discussed. Supervisor Boisen said she has concerns about moving the historic records. Councilman MacDougal said he had voiced concerns to Councilman LaForest about the security of the records. Councilwoman LaPine said the records to be moved are family archival records. Norma Goff said she had donated a number of this type of record as have other families in Town.
Supervisor Boisen wanted to know how these records would be displayed and was concerned about public access to these historic records. Councilman LaForest said there will be two rooms one for archival with special heating and one for display. Volunteers will be there to man the display room when it is open.
Supervisor Boisen said she is concerned with insurance issues for off site
Historical records. Supervisor Boisen said she would like a proposal from the historian outline security and storage of records. There was a discussion as to whether or not the family records were Town property or not. There are a number of unknowns that need to be addressed. The Town Clerk will contact
Shirley LaForest, Town historian, and arrange a meeting about the records.
The Grange Hall œnormal costs for heat and electricity were discussed. The
Memorandum of agreement is rather vague as to who is responsible for the yearly cost of the heat and electricity. The Town paid $1292.63 for lights, $372.34 for phone and $1955.13 for heating in 2010 at the Grange Hall.
Supervisor Boisen asked the Board what their thoughts were on this matter. The costs will go up with more use of the Hall. Councilman Wrisley will meet with Ray Wrisley, President of the Civic Association to discuss the energy costs at the Grange Hall.
Financial Reports
Motion to accept Town Clerk’s report as presented made by Councilman MacDougal. Seconded by Councilman Wrisley. . Roll call Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman LaForest-yes, Councilman Wrisley-yes and Supervisor Boisen-yes.
Motion to accept water rents as presented made by Councilwoman LaPine. Seconded by Councilman MacDougal. Roll call Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman LaForest-yes, Councilman Wrisley-yes and Supervisor Boisen-yes.
Motion to accept Supervisor’s report as presented made by Councilman MacDougal. Seconded by Councilman Wrisley. Roll call Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman LaForest-yes, Councilman Wrisley-yes and Supervisor Boisen-yes.
Motion to enter executive session at 9:53 PM made by Councilman Wrisley. Seconded by Councilman MacDougal.
Councilman LaForest said he would like to have a sort discussion on the exploratory wells for the Town before we enter executive session. He said that he feels we need to have two Board members to investigate the situation. A motion was made by Councilman LaForest to have two Board members Harold MacDougal and Mark Wrisley to investigate and determine the best quick feasibility about a well. Supervisor Boisen said we are not a hardship case based on the qualifications to a hardship case. Councilman MacDougal said we still need to move on this since we still have an older water system in Town. The cost of a test well was discussed and the cost is $60,000. Councilman MacDougal said that some of the problems with the water are that the system has not been maintained over the years.
Roll call was taken at 10:05 PM to enter into executive session. Roll call Councilwoman LaPine-yes, Councilman MacDougal-yes, Councilman LaForest-yes, Councilman Wrisley-yes and Supervisor Boisen-yes.
Exited executive session at 11:17 PM.
Reentered the Regular Board Meeting at 11:20 PM.
Supervisor Boisen said no action was taken in executive session.
Supervisor Boisen said that at this time we have nothing to respond to. The lawyer and insurance company have the information. We are waiting for a response from the insurance company on this matter. Mr. James asked what the insurance company has to do with this matter. Supervisor Boisen said our insurance company is making a determination if this is a covered claim.
Mr. James questioned why it was sent to the insurance company. Supervisor Boisen said our attorney advised us to. Supervisor Boisen said she has been told that whenever there is a possible claim against the Town the insurance company needs to be notified immediately. Mr. James said the insurance company has no role in the decision the Town makes. If you are sued based on your decision then you present a claim to your insurance company. At this point what we are asking for is for the Town to make a decision to interpret the policy. Supervisor Boisen said our lawyers have discussed making the determination as to what the policy meant. We discussed why we would spend the money making this determination when Lois Sayward is not eligible to retire at this time and may not for twenty years. Supervisor Boisen has since asked them to make this determination. I am waiting for an answer from our attorney. Mr. James asked if they had been given past practices of the Town and the history of who has received that sort of things. Supervisor Boisen said they not asked for that, they have discussed the need for that. Mr. James asked how much the Town was paying for the lawyer. Supervisor Boisen said she did not have that information with her. Mr. James said I’m sure you do know what that is. I’m sure you are paying them $250 to $300 per hour. Supervisor Boisen said I do not have that information. Mr. James said you have bills. Supervisor Boisen said she does not have bills from the attorney for this case. Mr. James said they are charging you a flat rate, there is a letter from the attorney telling you how much they are charging you per hour for their services. Mr. James said you should have an engagement letter telling how much they will be charging and if you are using an Albany firm then you are paying $250 to $300 per hour. Now quite frankly if they have not asked you yet what the practices of the Town has been and they have not asked you those things they either have not started the work or they have not been given enough information. Supervisor Boisen said we will work together with our attorney as best we can. Mr. James said you have had the notice of claim for two weeks. Supervisor Boisen said she believe the Town has ninety days to respond. Mr. James said the bottom line is we have asked you for a determination, Mrs. Sayward can retire in November and we would like to have an answer so that we can move forward. Supervisor Boisen said we will give you an answer as soon as we have it. Mr. James said that when attorneys have had things on their desk for two weeks I begin to wonder because quite frankly I turn over my work a lot faster than that. I was here a month ago and your attorney has not gotten back to you and perhaps does not have sufficient information so that worries me a little. Councilman LaForest said he did not understand about the insurance. Mr. James said they may step in to defend you in a lawsuit but that have no role in the Town’s decision as to what the policy says. The Town’s attorneys in Albany are the ones to help you interrupt the policy. Supervisor Boisen said the notice of claim is simply notification where by a claim may arise or may not within one year and three months. This is simply a notice. Mr. James said the reason the notice of claim was filed is because the is a limited period which you give a municipality notice so that evidence is not lost or people move away.
Supervisor Boisen said she would be willing to talk with Mr. James at any time during business hours.
Mr. James said she may have other claims, but to resolve it she is willing to accept when she retires (insurance paid by Town) and starts receiving her retirement. If we have this locked in it will be the end of it and it won’t cost anyone any more money.
Councilwoman LaPine said you are telling me this go on for another year and three months. Supervisor Boisen stated yes it could. Mr. James said no it does not need to.
The insurance was brought up again by Councilman LaForest. Mr. James said
You put them on notice that a claim has been filed. They have no interest or do not get involved in reading the policy, determining what should be done or anything else. They just know there is a claim. If we come to an agreement and have this thing resolved they will never have anything else in their file.
They will just have the notice of claim. If we do not agree and Lois decides to go forward with a lawsuit to determine what her rights are then the question will be, will the insurance company step in and defend the Town against the lawsuit.
There are a number of decisions they will make.
Supervisor Boisen said she does not see where a wrong decision can be made.
I have said all along we will met our policy. There is no wrong decision. The determination is what that policy intends or is interrupted.
Councilman MacDougal said we have to make the decision on our policy, that the insurance will not make the decision is this correct. Mr. James responded exactly. The insurance is not there to interrupt the personnel policy. They are there in the event the Town is sued.
Supervisor said that as soon as she has information from our lawyer she will get it to the Board and to Mr. James.
Mr. James said if we come an agreement he will put it in writing and have Mrs. Sayward sign it saying she waives that claim we filed and she will have a piece of paper when she retires, she will come in and say has received her first check and say she would like to have her insurance paid for. She would have no further claims against the Town.
Supervisor Boisen said there will be no written response at this time. When we have additional information from our attorneys or our insurance company we will let you know.
Meeting was adjourned at 11:42 PM.
Respectfully submitted Audrey Hoskins, Town Clerk
