Special Board Meeting

8/6/2013

The meeting was called to order at 7:05 PM.

Board Members present were Councilman Wrisley, Councilwoman LaPine,

Councilman MacDougal, Councilman Garvey and Supervisor Boisen.

Also present was Audrey Hoskins, Town Clerk.

Attendees were Olive Alexander, Rita-Ann Fitzgerald, Alexandra Noble,

June Lawrence, Ben and Anne Brewster, Kevin Delaughter, Bill Poppino, Stephen Phillips, Jan Terlouw, Pat Tivnan, Gary Heurich, Mike Pratt, Sylvia Tospann,

Anita Shapiro and Bob Ackert.

Bob Ackert and Gary Heurich addressed the Board on the speed limit on Albee Lane. They are requesting the speed limit of 35 mph be reduced to 20 mph.  The

issue of safety on the road was discussed. The residents are concerned with the speed that people go on this road and the safety of walkers on the road.  Mr. Ackert and Mr. Heurich asked if they would need to get a petition signed by the residents on Albee Lane.  Supervisor Boisen did not think this would be necessary.

Supervisor Boisen stated that the speed limit was lowered in 2010 to 35 mph.

Resolution #50 of 2013

Reduction of speed limit on Albee Lane.

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

Be it resolved, that the Town Board of the Town of Essex  requests from

The Department of Transportation, pursuant to Section 1622.1 of the Vehicle and Traffic Law, to establish a maximum speed of 20 mph at which vehicles may proceed on Albee Lane, a dead end Town Road between Lakeshore Road and  the dead end.

This resolution was duly seconded by Councilwoman LaPine and was duly adopted.

Roll call

Supervisor Boisen – yes

Councilman Wrisley – yes

Councilwoman LaPine – yes

Councilman Garvey – yes

Councilman MacDougal- yes

 

The Public Interest Order for the Water Capital Project was discussed.

RESOLUTION 51 of 2013

54053399.01                                                                                                                            42631-2-5

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 August 6th, 2013, at 7 o’clock P.M., Prevailing Time.

PRESENT:

_____________________________________

Supervisor Sharon Boisen

_____________________________________

Councilman Mark Wrisley

_____________________________________

Councilwoman Claire LaPine

_____________________________________

Councilman Harold MacDougal

_____________________________________

Councilman Bryan Garvey

In the Matter of The Increase and Improvement of Facilities of Water District No. 1 in the Town of Essex, Essex County, New York

PUBLIC INTEREST ORDER RESOLUTION #51 of 2013

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^th, 2013 at 9:00 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___

Councilman MacDougal                                 VOTING                    Yes___

Councilman Garvey                                        VOTING                    Yes___

The Order was thereupon declared duly adopted.

*     *     *     *     *

The Bond resolution for the Water Capital Project was discussed.

Form E Budget BOND RESOLUTION # 52 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 6th day of August, 2013, at 7 o’clock P.M., Prevailing Time.

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

PRESENT: Supervisor Boisen, Councilman Wrisley, Councilwoman LaPine, Councilman MacDougal, Councilman Garvey

ABSENT:

The following resolution was offered by Councilperson Wrisley who moved its adoption, seconded by Councilperson  LaPine to‘wit:

BOND RESOLUTION DATED August 6, 2013.

A RESOLUTION AUTHORIZING THE ISSUANCE OF $3,075,000 BONDS OF THE TOWN OF ESSEX, ESSEX COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF WATER DISTRICT NO. 1, IN THE TOWN OF ESSEX, ESSEX COUNTY, NEW YORK.

WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202‘b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of Water District No. 1, in the Town of Essex, Essex County, New York, at a maximum estimated cost of $3,075,000; and

WHEREAS, the capital project hereinafter described, as proposed, 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, which as proposed, the Town Board has determined will not have a significant effect on the environment; NOW, THEREFORE, BE IT

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

Section 1.        For the specific object or purpose of paying the cost of the increase and improvement of 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, which specific object or purpose is hereby authorized at said maximum estimated cost, there are hereby authorized to be issued $3,075,000 bonds of said Town pursuant to the provisions of the Local Finance Law.

Section 2.        It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $3,075,000 bonds of said Town authorized to be issued pursuant to the provisions of this bond resolution.

Section 3.        It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law.  It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years.

Section 4.        The faith and credit of said Town of Essex, Essex County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  To the extent not paid from monies raised from said Water District No. 1 in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

Section 5.        Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer.  Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.

Section 6.        The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds.  The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money.

Section 7.        All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town.  Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law.

Section 8.        The Supervisor is hereby further authorized, at her sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Health and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation.

Section 9.        The power to issue and sell notes to the New York State Environmental Facilities corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor.  Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law.

Section 10.      The intent of this resolution is to give the Supervisor sufficient authority to execute those applications, agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds and/or notes without resorting to further action of this Town Board.

Section 11.      The validity of such bonds and bond anticipation notes may be contested only if:

1)         Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2)         The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3)         Such obligations are authorized in violation of the provisions of the Constitution.

Section 12.      This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2.  Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long‘term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section 13.      This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

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

Supervisor Boisen                                                       VOTING                    Yes__

Councilman Wrisley                                                    VOTING                    Yes__

Councilwoman LaPine                                                VOTING                    Yes__

Councilman MacDougal                                             VOTING                    Yes__

Councilman Garvey                                                    VOTING                    Yes__

The resolution was thereupon declared duly adopted.

*      *       *       *       *      *

Supervisor Boisen gave a brief update on the well situation.  I believe we have exhausted all possibility of having a well water source.  The cost of a new treatment plant will be about six million.  We will apply for more grants to fund this project.  The cost of both projects was discussed.  The rates we are charging resident is to low according to the DOH.  We need to increase the rates for water.

RESOLUTION #53 of 2013

8/6/2013

Resolution authorizing the Supervisor to move Budget Funds on the USDA Rural Development as follows:

Deduct            $1,974.93 from Budget for Legal Expenses

Deduct $1,751.00 from Budget for Bonding Expenses

Deduct $55,000.00 from Budget for Net Interest Expenses

Deduct $12,000.00 from Budget for Bookkeeping/Reporting Expenses

Add $4,330.34 to Budget for Lands and ROW Expenses

Add $10,987.91 to Budget for Miscellaneous Expenses

Deduct $5,000 from Budget for Single Audit Expenses

Add $60,497.68 to Budget for Contingency

On a motion by Councilman MacDougal  and seconded by Councilman Wrisley the Resolution is ADOPTED Yes_- 5      No – 0.

Resolved that the Town Board of Essex has agreed to allow Supervisor Boisen to move these budgets for the purpose of finalizing the actual amounts to be spent in each budget category.

The ice and snow contract was discussed.

Resolution 54 of 2013

August 6, 2013

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

Be it resolved that the Town Board of Essex, NY authorize Supervisor Boisen to sign the Ice and Snow agreement for January 1, 2013 to December 31, 2013 with Essex County.

This resolution was duly seconded by Councilman Wrisley and adopted.

Roll Call

Councilman Wrisley -yes

Councilwoman LaPine -yes

Councilman MacDougal -yes

Councilman Garvey -yes

Supervisor Boisen -yes

The auctioning off of the Old Stone Church was discussed.  It will be included in the County Tax sale this fall.  Where the senior center could be moved to was discussed.

Resolution # 55 of 2013

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

Be it resolved the Town Board of Essex   authorizes Supervisor Boisen to contract with Haroff

Auctions and Realty Inc. to auction off the Old Stone Church located at 11 Church St., Essex, NY. Parcel number 40.73-2-13.000. Opening bid will be set at a minimum of $86,000 the appraised value of the property. This property will be included in the County Tax sale this fall.

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

Roll call

Councilman Wrisley – yes

Councilwoman LaPine – yes

Councilman MacDougal – yes

Councilman Garvey – yes

Supervisor Boisen – yes

The facing of the wall was discussed.  Grants were discussed. Planting a vine that would cover the wall was discussed as a temporary fix. Supervisor Boisen wanted to award the bid.  Councilwoman LaPine was not in favor of awarding the bid, because we do not have the money to pay for the wall facing in hand.  She stated we need to have the necessary money before we award the bid.  Councilman Garvey and Councilman MacDougal agreed with Councilwoman LaPine.  The awarding of the bid was tabled.  Supervisor Boisen to check on the remaining balance in the budget for legal fees. She would like to use this balance toward facing the wall.

Consideration of consent for Adirondack Community Fund Action Program raffle was discussed.

Motion to give consent 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.

Supervisor Boisen stated the Board could meet on August 15^th to pay the bills.

Bradley French is running for Highway Superintendent and after the 20^th we will know if he is

Running unopposed.  Jim Morgan is retiring August 6^th.  Bradley would like to be appointed at that time. We can vote on this in September at our meeting.

The County asked the Towns to pass a resolution of condolence to the family of G. Jeffery Haber.

Resolution No. 56 of 2013                                                                                                                 

RESOLUTION OF CONDOLENCE TO THE FAMILY OF

1. JEFFREY HABER

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

WHEREAS, G. Jeffrey Haber of Schodack, New York passed away on July 26, 2013; and

WHEREAS, in 1974 he was elected to the Schodack Town Board and four years later served four consecutive terms as Supervisor of the Town of Schodack; and

WHEREAS, in 1985, G. Jeffrey Haber was selected the Executive Director and Treasurer of the Association of Towns of the State of New York, a position he held for 27 years until his retirement in 2012: and

WHEREAS, G. Jeffrey Haber was a founder of the New York Municipal Insurance Reciprocal (NYMIR) the largest property casualty insurer of municipalities in New York State, and of the municipal workers compensation alliance which provides coverage to municipalities in the state.

BE IT RESOLVED, that the Town of Essex hereby express and extend their deepest sympathy and condolences to the family of G. Jeffrey Haber; and

BE IT FURTHER RESOLVED, that this resolution be spread upon the minutes of the Town of Essex, with a suitably embossed copy thereof to be forwarded to the Haber family.

This resolution was unanimously seconded and duly adopted.

Councilwoman LaPine stated she feels that the position at the Transfer Station should be advertised.  Supervisor Boisen would like to discuss this at our September meeting.  Don

Christian is willing to work at the Transfer Station on Saturday.   Jeremy Doyle is handling the money. Ed Gardner is not interested in handling the money or working more hours than he already does.  Don Doyle only wants to work on Saturday.  Scott Hayes is also willing to help out at the Transfer Site.  We will need to see if there a need for more than one person at the

Transfer Site are the summer resident leave.

A shelter was discussed to keep the recyclables and the Transfer Site employees out of elements when working on recycling.  The Board discussed the different types of portable shelters.  The Board decided to spend no more than $2,500.  Supervisor Boisen will check into the types of shelter available and the cost.

As there nothing further to come before the Board the meeting was adjourned at 8:39 PM.

Respectfully submitted

Audrey Hoskins, Town Clerk