DRAFT
ESSEX TOWN BOARD
Regular Meeting
April 19, 2012
7:00 p.m.
Present: Claire LaPine Councilwoman
Dr. James LaForest Councilman
Mark Wrisley Councilman
Sharon Boisen Supervisor
Absent: Harold MacDougal Councilman
Also Present: Catherine DeWolff Town Clerk
Shirley LaForest Town Historian
Dianne Lansing Assessor
Patricia Gardner Assessor
Dr. James Van Hoven Planning Board Chairman
- Nicholas Muller III Planning Board Member
David Hislop Planning Board Member
Lauren Murphy Zoning/Code Enforcement Officer
Guests: Dr. Ann Ruzow Holland, Dr. Colleen Van Hoven, MaryNell Bachman, Kim Calhoun, Karen Dalton, Rick Dalton, Bill Kissel, Bonnie Monoski, Jane TerLouw, Ted Cornell, Andy Wekin
Supervisor Boisen opened the meeting at 7:01 p.m. with the Pledge of Allegiance.
Shirley LaForest, Town Historian
The first speaker was Shirley LaForest, Town Historian, who advised the Board that she expected to be moving the Historical Collection from the Town Hall to her office at the ECHO building where her archives room is fireproof and climate controlled. Mrs. LaForest thanked the Town Board for supporting her and thanked Sally Johnson for the purchase of the fire and alarm system. She said that Mr. Slinger, the State Historical representative has inspected her rooms and she is on the right track. He did suggest, however, that Mrs. LaForest obtain a resolution saying that the Town is placing the Historical Collection on permanent loan to the Town Historian.
Supervisor Boisen asked for a motion to authorize her signing the annual contract with the Town Historian, moved by Councilman Wrisley and seconded by Councilwoman LaPine, the Resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0
Resolution 67 – 2012
Resolution Authorizing the Supervisor to Sign the Annual Contract with the Town Historian
Resolved that by unanimous vote of the Essex Town Board, Supervisor Boisen is authorized to sign the annual contract with the Town Historian, Shirley LaForest.
On a motion by Councilwoman LaPine as requested by the Town Historian, that the Town agrees to place the Historical Collection on permanent loan to the Town Historian, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0
Resolution 68 -2012
Resolution that the Town’s Historical Records be Placed on Permanent Loan to the Town Historian
Resolved that the Essex Town Board has unanimously voted that the Town of Essex, NY, Historical Collection be placed on permanent loan to Shirley LaForest, Town Historian.
Rick Dalton, College for Every Student – Re: Old Stone Church
The next guests to speak were Rick and Karen Dalton of CFES, College for Every Student, regarding the potential purchase of the Old Stone Church. Their attorney, Bill Kissel, was also in attendance. Mr. Dalton described CFES’s mission along with his wish to purchase the neighboring Old Stone Church property, owned by the Town, to use as a conference center for CFES. The site is currently used daily by the senior citizens.
The Dalton’s described the benefits to the community if they were able to purchase the property in the creation of jobs and the improvement of the space. There was a discussion of where the seniors would meet, the existing easements from grants on the building, and parking considerations. Councilman LaForest motioned in favor of investigating the process to declare the property surplus to the Town.
Bill Kissel advised the Board that they, the Town Board, need to study the facts for a potential resolution, not necessarily tonight, declaring the property as surplus, investigate the process, including an appraisal, timeline, and to keep the subject on the agenda for next month. Councilwoman LaPine emphasized that we need the facts – we don’t know the valuation or the restrictions on the property. Rick Dalton told the Board that he appreciated the Town Board considering the process. There was discussion of obtaining the appraisal. Supervisor Boisen said that an appraisal shouldn’t take long. David Hislop said that we can’t control who would buy the property. Ann Holland advised that the same rules apply for private and non-profit bidders. Bill Kissel said that the appraisal will establish a fair market value and enable the Town to start the process. Supervisor Boisen asked if there were further questions. Councilman LaForest withdrew his earlier motion.
Nick Muller asked if the Town’s bargaining process included the appraisal. The Supervisor answered yes. She thanked CFES saying that they would be in touch.
Ted Cornell, Whallonsburg Civic Association – Grange Hall
Ted Cornell was recognized as the next speaker, who introduced Mary Nell Bachman, Vice President of the Whallonsburg Grange Civic Association. Mrs. Bachman described the goings on at the Grange Hall and how the community is served by the Grange Hall. She told how, by their strong volunteer base, they have renovated the space and continue to have impressive and wide-ranging activities. She further described that in the aftermath of hurricane Irene, the Grange became the center of our community and raised $38,000.00 for the relief effort as well as providing an emergency shelter.
Supervisor Boisen thanked the Grange officials for working with the American Red Cross in providing the town with an emergency shelter. Councilman LaForest added that he was very proud of the way things were handled by the Grange in the aftermath of the destruction of hurricane Irene.
Supervisor Boisen advised that a new memorandum of understanding between the Town and the Grange Hall needed to be updated. Ted Cornell said that the contract the Grange has with the Town is self-sustaining and doesn’t require any particular action and that the MOU ends in 2013 not 2012 and will rollover automatically. Councilwoman LaPine brought up the fact that the utility bills are going up as a result of the all of the activity at the Grange. Councilwoman LaPine expressed her concern of the rising utility bills for the Grange Hall. There was a discussion of the bills incurred by the Grange as being modest in comparison to the capital benefit to the Town. Supervisor Boisen said that a monthly report from the Grange would be helpful.
Supervisor Boisen recognized Andy Wekin who advised that the Grange had four different quotes to do the flooring, with the lowest being Kim’s Karpets in Lewis, and that Kim was actually willing to comp the moulding for the project. He asked the board for a resolution to award the bid to the lowest bidder. The bids were:
Gateway Flooring $2,813
Jack’s Flooring $3,460
Plattsburgh Carpets $2,854
Kim’s Karpets $2,430
There was a general discussion of the re-tiling of the floor at the Grange Hall.
On a motion by Councilman Wrisley to award the lowest bid for the re-tiling of the floor at the Grange Hall, seconded by Councilwoman LaPine, the resolution is ADOPTED:
Yes-4 LaPine, LaForest, Wrisley, Boisen No-0
Resolution 69 – 2012
Resolution to Award the Grange Hall Flooring Bid to Kim’s Karpets
Resolved that by unanimous vote of the Essex Town Board the bid for the re-tiling of the floor at the Grange Hall be awarded to the lowest bidder, Kim’s Karpets of Lewis, NY, for $2,430.00.
The Supervisor thanked the officials of the Grange Hall for coming and for all of their good work.
Jim Van Hoven and Ann Ruzow Holland – Zoning Revision SEQRA process
Next to speak were Jim Van Hoven and Ann Ruzow Holland regarding the Zoning Revision process. Dr. Van Hoven described the process of the Zoning Revision that was started approximately 4-5 years ago by his committee, and where we are at presently with the draft Environmental Assessment Form. He related that Ann Holland is an expert in this matter and has been working with him to complete this document and how they now needed a resolution by the Board to permit the distribution of the materials as required by law. He said that we are not asking that the Board adopt or endorse the revision only to proceed to culminate the process of the final zoning law revision. He praised Dr. Holland for her efforts in this regard saying that he personally thinks that she has done a terrific job.
Dr. Holland addressed the Board and the public describing the SEQRA process and how they have met the criteria for deeming the Environmental Assessment Form a negative declaration in conformance with SEQRA law. She advised the Board that they needed a resolution by the Board to accept the EAF that she prepared and advise the County Planning Board as well as Ag and Markets with copies of same. This will allow for a 30-day comment period and if no changes, the Board may accept the final draft. She further advised that process is straightforward and does not require additional public hearings until the Board is ready to adopt the law. There was a discussion of a wildlife assessment and getting State inventory databases correct. Councilman LaForest suggested a motion to accept the draft EAF as described by Dr. Holland.
On a motion by Councilwoman LaPine, seconded by Councilman Wrisley, to accept the draft Environmental Assessment Form as prepared by Dr. Ann Ruzow Holland, the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0
Resolution 70 – 2012
Resolution to Adopt the Draft EAF with Attachments as Prepared by Ann Ruzow Holland for the Town of Essex Zoning Revision
Resolved that the Town Board of Essex has by unanimous vote agreed to accept the draft Environment Assessment Form with Attachments, proposing a negative declaration for the Town of Essex Zoning Law Revision, as prepared and submitted by Dr. Ann Ruzow Holland.
The Supervisor advised the public that this document is on the Town website and offered the Courtesy of the Floor. With no further comment from the public, the meeting continued with the approval of the minutes.
On a motion by Councilman LaForest to adopt the minutes of the March 15, 2012, Regular, Beggs Point Bid Opening, and Public Hearing on Local Law 1 of 2012, as well as the Special Meeting of March 22, 2012, seconded by Councilwoman LaPine, the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0
Resolution 71 – 2012
Resolution Adopting the Minutes of the Three March 15, 2012 meetings and the March 22, 2012 Special Meeting
Resolved that the Essex Town Board approves and adopts the minutes as presented by the Town Clerk.
There being no Zoning Officer report, the Town Board welcomed Lauren Murphy as the new Zoning and Code Enforcement Officer. Dr. LaForest asked if Ms. Murphy had yet resigned as Chairman of the Zoning Board of Appeals.
On a motion by Councilman LaForest to accept the resignation of Lauren Murphy as Chairman of the Zoning Board of Appeals, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0
Resolution 72- 2012
Resolution to Accept the Resignation of Lauren Murphy from the ZBA
Resolved that the Essex Town Board accepts the resignation of Lauren Murphy as Chairman from the Zoning Board of Appeals by unanimous vote.
Supervisor’s County Report – The Supervisor described what was going on with the sale of the Horace Nye Nursing Home and that the moving forward could take as long as another year and a half. Councilwoman LaPine asked about the $5 per parcel issue and whether it was likely the Town might receive that. The Supervisor advised that it was unlikely as the pool of money is very small and we will get very little of it, if any.
Old Business
Water Project Update – The Supervisor advised that the Town Board has received the revised contracts for the Fire Department. Dianne Lansing, Town Assessor and a Commissioner of Fire District #1, said that they would like a workshop to sit down and discuss the contract with the Town. Supervisor Boisen said that she talked to Frank Walls and suggested to him that they construct a contract that each could present to their Board. When we hear from the Fire Department on the contract, we can talk about them.
Councilman LaForest asked about the existing easement agreement with the Fire Dept. The Supervisor said that the easement was never filed with the County and had some other deficiencies. Dr. LaForest said that if there was an underlying agreement, we have a problem with this.
Mrs. Lansing said that they would like to clarify maintenance and other things.
Councilman Wrisley asked about the timeline and when are we going to get the drillers up there. The Supervisor responded that it is going to take a little time or you can authorize me to sign the agreement as it is. We would definitely want the contract in place to do the test wells.
There was a discussion of the 200’ radius required as protection for each well and where those areas might be with relation to surrounding properties with the Tart property being of primary interest. Councilwoman LaPine advised that she had spoken with Eleanor and while she had to talk about it with her girls, she felt that they were not interested.
Dock Update – Supervisor Boisen said that they looked at the third layer down that the public said needed to be replaced. There are six beams that need to be replaced three layers down. It will be $1400 to have them put in, but we have no choice. We are up to $11,600 with the beams. There was a discussion of using grout or leveling lubricant agent for an additional sum of $2,250. Councilman Wrisley said that because they are using fresh sawn hemlock, the wood will shrink and that we should let it shrink and then address the issue. There was a discussion of the shrinking of the timbers.
On a motion by Councilman Wrisley to add the six beams to the Dock Repair project for an additional $1,400, seconded by Councilman LaForest, the resolution is ADOPTED:
Yes-4 LaPine, LaForest, Wrisley, Boisen No-0
Resolution 73 – 2012
Resolution to Add Six Beams at a cost of $1,400 to the Dock Repair Project
Whereas, the Essex Town Board upon discovering rotted beams at the third level in the Dock Repair project have
Resolved to add six beams to replace said rotten beams for an additional cost of $1,400.
Summer Youth Program – There was a discussion of signing the Summer Youth Program contract with Willsboro and spending $6,000 to send an unlimited number of Essex children to the summer youth program. The benefits versus the cost and how many children actually go and who could go were discussed. The Supervisor said that she would like to see the attendance records.
On a motion to sign the Summer Youth contract with Willsboro by Supervisor Boisen, seconded by Councilman LaForest, the resolution is ADOPTED:
Yes – 4 LaPine, LaForest, Wrisley, Boisen No – 0
Resolution 74 – 2012
Resolution to Sign the Summer Youth Program Contract with the Town of Willsboro
Resolved that the Essex Town Board agrees to sign the Summer Youth contract with the Town of Willsboro allowing an unlimited number of Essex children to attend for the cost of $6,000 to the Town of Essex. The attendance records must be provided to the Town of Essex for inspection.
New Business
Supervisor Boisen indicated the need for a resolution increasing Revenues and Appropriations by $2,000 on line A8020.4 for the zoning revision. On a motion by Councilman Wrisley, seconded by Councilwoman LaPine, the resolution is ADOPTED:
Yes – 4 LaPine, LaForest, Wrisley, Boisen No – 0
Resolution 75 – 2012
Resolution Increasing Revenues and Appropriations by $2,000 for the Zoning Revision
Resolved the Essex Town Board agrees to increase Revenues and Appropriations on line A8020.4 for the zoning revision by $2,000.
Highway CHIPS-2012 – The Supervisor advised the Board that each of them needed to sign and that Jim Morgan has agreed to working on Daniels Road and Jersey Street.
Letter from Beth Schiller – CV Wireless, LLC – Beth Schiller would like access to the top of the water tower in order to provide internet access to more of our community. There was a discussion of competition with Nextel and the cost to lease including rising clauses. Supervisor Boisen said that she will check the lease with Nextel for exclusivity and find out exactly what Beth wants to do. There was a discussion of what to charge Ms. Schiller for leasing the spot. It was agreed that $20,000 increasing 3-5% yearly was fair depending on what she wants.
Award the bid for Town Hall repair – The bids were opened at 3:00 today with the following results:
Repairs
- Larry Blanchard: $3,916
- S&R Construction: $28,200
- Anna Restoration: $4,000
- DE Siteworks: $5,200
- Keith Stay: $22,250 (combined jobs)
Scraping and Painting
- Larry Blanchard: $30,446
- Anna Restoration: $34,250
- DE Siteworks: $10,680
- Keith Stay: $22,250 (combined jobs)
None of the low bidders described the project.
There was a discussion of the bids. The lowest responsible bidder for Repairs is Larry Blanchard and second is Anna Restoration. The lowest responsible bidder for the Painting is DE Siteworks. Councilman LaForest thought that the Town might make out better by using Keith Stay, who combined the jobs, but was worthy of consideration.
On a motion by Councilman LaForest to award Larry Blanchard, the lowest responsible bidder, for Repairs to the Town Hall, seconded by Councilwoman LaPine the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0
Resolution 76 – 2012
Resolution to Award the Town Hall Repair Job to Larry Blanchard
Resolved that the Essex Town Board agrees to award the repair bid for the Town Hall to Larry Blanchard, the lowest responsible bidder, for $3,916.
On a motion by Councilman Wrisley to award the Painting and Scraping Job to DE Siteworks, the lowest responsible bidder, for $10,680, seconded by Councilwoman LaPine the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen
No – 0
Resolution 77 – 2012
Resolution to Award the Town Hall Painting/Scraping Job to DE Siteworks
Resolved that the Essex Town Board agrees to award the painting and scraping of the Town Hall to the lowest responsible bidder, DE Siteworks, for $10,680.
The Supervisor brought up that Michael Schoenig had to be out of town but would like to be on the Zoning Board of Appeals and it would be great if we could appoint him. She further related that without a Board of Assessment Review, the task of Grievance Day falls on the Chairman of the Board of Supervisors. Councilman LaForest suggested Dave Lansing for the ZBA. The Supervisor advised that that would only be discussed in executive session.
On a motion by Supervisor Boisen to appoint Michael Schoenig to the Zoning Board of Appeals for the term that expires last, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes-4 LaForest, LaPine, Wrisley, Boisen No-0
Resolution 78 – 2012
Resolution to Appoint Michael Schoenig to the Zoning Board of Appeals
Resolved that Michael Schoenig is appointed to the ZBA by unanimous vote of the Essex Town Board for a term that will expire the latest.
The Supervisor advised the Board that we need propane at the Sewer Plant. Tina called Suburban and I just got contracts from them. There was a discussion of propane for the sewer plant and getting the lowest price.
Audit of the Bills
The Town Clerk presented the bills for payment on Abstract #2012-4. The bills were discussed and approved for payment. Councilwoman LaPine expressed concern with the different electrical contractors and wanted to be certain there were licenses. The Supervisor advised that we have copies of their licenses.
On a motion by Councilman Wrisley to pay the bills as presented, seconded by Councilman LaForest, the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0
Resolution 79 – 2012
Resolution to Pay the Bills on Abstract #2012-4
Resolved that the Town Board of Essex authorizes payment of the bills as presented on Abstract #2012-4:
Fund Prepaid Unpaid
General $10,207.86 $16,195.85
Highway $6,843.69 $3,899.67
Water $210.99 $3,565.06
Essex Lights $0.00 $341.98
Whallonsburgh Lights $0.00 $0.00
Sewer Operating $1,513.94 $3,702.54
Groundwater Capital $0.00 $850.00
Sewer Capital $0.00 $28,984.59
Totals $18,776.48 $57,539.69
Financial Reports
Town Clerk’s Report – On a motion to accept the Town Clerk’s March Report by Councilman LaForest, seconded by Councilwoman LaPine, the resolution is ADOPTED:
Yes-4 LaForest, LaPine, Wrisley, Boisen No-0
Resolution 80 – 2012
Resolution to Accept the Town Clerk’s March Report
Resolved that the Essex Town Board has accepted the March monthly report of the Town Clerk.
Water and Sewer Rents Report – On a motion to accept the Town Clerk’s Water and Sewer Rents Report by Councilman LaForest, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0
Resolution 81 – 2012
Resolution Accepting the Water and Sewer Rents Report
Resolved that the Essex Town Board accepts the Water and Sewer Rents Report as presented by the Town Clerk.
Supervisor’s Report – The Supervisor advised that the circled amount was incorrect on the February Report and asked it be accepted as revised. On a motion by Councilwoman LaPine to accept the revised February Supervisor’s Report, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes-4 LaPine, LaForest, Wrisley, Boisen No-0
Resolution 82 – 2012
Resolution Accepting the Supervisor’s Revised February Report
Resolved that the Essex Town Board accepts the Supervisor’s February Report as revised.
On a motion by Councilwoman LaPine to accept the Supervisor’s March Report, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes-4
LaPine, LaForest, Wrisley, Boisen No-0
Resolution 83 – 2012
Resolution Accepting the Supervisor’s March Report
Resolved that the Essex Town Board accepts the Supervisor’s March Report as presented.
On a motion to enter into executive session to discuss a legal matter, by Supervisor Boisen, seconded by Councilman Wrisley, the Board entered into executive session at 10:12 p.m. The Town Board re-entered the regular meeting at 10:49 p.m. with no action taken.
Councilman LaForest proposed that there should be a way of making the minutes shorter and that he and the Town Clerk will sit down to address this.
There being nothing further to come before the Essex Town Board, the meeting is adjourned at 10:50 p.m.
Catherine DeWolff
Town Clerk
