ESSEX TOWN BOARD
Regular Meeting
July 19, 2012
7:00 p.m.
Supervisor Boisen called the meeting to order at 7:00 p.m. and began with the Pledge of Allegiance.
Roll Call
Present: Sharon Boisen Supervisor
Harold MacDougal Councilman
Claire LaPine Councilwoman
Dr. James LaForest Councilman
Mark Wrisley Councilman
Also Present: Catherine DeWolff Town Clerk
James Van Hoven Planning Board Chairman
Olive Alexander Planning Board/Town Webmaster
Guests: Dr. Ann Ruzow Holland, Mary Anne Schultz, Helen Goetz, Philip Goetz
Approval of Minutes
A conflict arose with regard to revisions of the minutes at such a late time as not giving the Board enough time for review. It was agreed to table the minutes of June 14, 2012 Special Meeting and June 21, 2012 Regular Meeting so that the revisions could be made and reviewed.
Resolution 115-2012
Resolution to Table the Minutes of June 14, 2012 Special Meeting and June 21, 2012 Regular Meeting
On a motion to table the minutes made by Councilwoman LaPine, seconded by Councilman MacDougal the resolution is ADOPTED: Yes-5 No-0
Resolved that the Town Board of Essex has agreed to table the minutes from June’s meetings.
Zoning Officer’s Report – June
Having just received the Zoning Officer’s report and not having had a chance to review it, the Board decided to table the Zoning Officer’s report until it could be reviewed.
Resolution 116-2012
Resolution to Table the Zoning Officer’s Report for June
On a motion by Supervisor Boisen to table the Zoning Officer’s report, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes-5 No-0
Resolved that the Essex Town Board has agreed to table the Zoning Officers’ report for June.
Supervisors County Report
Supervisor Boisen advised the Board that the County has approved a slaughterhouse in Ticonderoga and that possibly there will be one in Plattsburgh. Councilman LaForest commented on the decision of the County to disallow beer at the fair.
Old Business
Resolution issuing a Negative Declaration of proposed Zoning Law revision –
The Supervisor gave an overview of the work done by Drs. Van Hoven and Holland and advised that the Board now needs to pass a resolution to accept the negative declaration resolution. Dr. Van Hoven gave an overview of the progress to date and the lengthy SEQR process that Dr. Holland prepared for the town. Dr. Van Hoven advised the Board that once they adopt the resolution before them, the next step is to hold another public hearing. Dr. Holland reviewed the SEQR documents before the Board indicating the changes made particularly with regard to Ag. She advised the Board that the full document needs to go on the website and that tomorrow we have to send out the full documents to everyone on the interested parties list.
Resolution 117-2012
Resolution Issuing a Negative Declaration on the proposed Zoning Law revisions as presented by James Van Hoven and Ann Ruzow Holland, schedule the Public Hearing and send out the notices
On a motion by Supervisor Boisen, seconded by Councilman MacDougal the resolution is ADOPTED: Yes-5 No-0
WHEREAS, the Town Board prepared and is in the process of adopting amendments to its
Zoning Law, and
WHEREAS,the Town Board prepared Parts 1,2,&3 of the Full Environmental Assessment form, reviewed Town Law and SEQRA regulations, and made the determination that the Proposed Action is a “Type I” Action under the State Environmental Quality Review Act (SEQRA) and
WHEREAS, the Town Board made the determination that they wish to serve as Lead Agency and there are no other involved agencies under SEQRA for the purposes of this Action, and
WHEREAS, the Town Board, according to SEQRA, completed a Full Environmental Assessment Form for Type I Actions of this kind that will serve as the basis of the Town’s determination of the environmental significance of this Action, and
NOW THEREFORE LET IT BE
RESOLVED that pursuant to SEQRA Regulation 617.7, the Town has made a Determination of the Significance of the Action and by this resolution issues a Negative Declaration. In coming to this determination, the Town of Essex considered areas of environmental concern, such as: topography/soils; vegetation, wildlife, and wetlands; surface and groundwater/hydrology and drainage; utilities; transportation; historical and archaeological; municipal services; presences of an Agricultural District; and land use and zoning. Based on the information available, and in consultation with New York State Department of Agriculture and Markets and the Essex County Farmland Protection Program, the Town has determined that a Negative Declaration is hereby adopted because the impacts of the Action are individually and collectively minor in scale and scope and not environmentally significant.
RESOLVED, that the Town of Essex will circulate its Notice of Determination of Significance, and Negative Declaration, and supporting Full EAF to interested agencies pursuant to the SEQRA regulations.
*****
Councilman LaForest commented that Ann and Jim should be congratulated on their completion of this as it has been going on for a long time.
Dr. Holland said that zoning laws are a work in progress and should be addressed every 3-5 years.
Resolution 118-2012
Resolution of Appreciation to Dr. Ann Ruzow Holland
On a motion by Supervisor Boisen to recognize Ann Holland for all of her hard work on the zoning revision, seconded by Councilman MacDougal, the resolution is ADOPTED:
Yes-5 No-0
Resolved that the Essex Town Board recognizes Dr. Ann Ruzow Holland for all of her hard work in completing the necessary documents for the Town’
s Zoning Law revision in conformance with NYS SEQRA.
Dr. Van Hoven suggested that the Board consider some way of increasing compensation for Dr. Holland as much of her work was pro-bono. The Supervisor added that the Adirondack Council paid Dr. Holland in full and the Town of Essex had not paid anything to Dr. Holland.
There was a discussion of the Board as to when to hold the public hearing on the proposed Zoning Law revision. It was agreed that since the Board was changing their August meeting to a short bill paying session on Thursday, August 23rd, that the public hearing will be held prior to that meeting at 6:00 p.m.
The Supervisor thanked Ann and Jim.
Water Capital Project Update – The Supervisor advised the Board that a resolution was needed to authorize her to sign the amendment with AES. Councilman Wrisley questioned the amendment. The Supervisor advised that in the original contract from 2002 for the test wells, the town contracted on their own with Hydrosource and did not hire AES in the initial testing.
Resolution 119-2012
Resolution Authorizing the Supervisor to Sign the Amendment to Contract for Wells with AES
On a motion by Councilman Wrisley and seconded by Councilman MacDougal to authorize the Supervisor to sign the amended contract with AES to contract with the geologist for the drilling of the wells, the resolution is ADOPTED: Yes-5 No-0
Resolved that the Essex Town Board hereby gives the Town Supervisor the authority to sign the amended contract with AES for wells.
Insurance RFP Update – Councilman LaForest advised that his is still working on this but it is near completion. The Supervisor asked the Board when it should hold the bid opening. The Supervisor suggested holding the opening on Tuesday, August 21 at 3:00 p.m. and awarding the proposal after the public hearing for the Zoning revision on the 23rd.
Old Stone Church Update – The appraisal has not yet been received by the town.
Councilman LaForest said that the appraiser assured him that we would have the appraisal in time for this meeting. Further he related that any written documents we receive should be considered at the public hearing.
Helen Goetz asked about the ownership of the Old Stone Church.
Water and Sewer Rates Correspondences – The Supervisor said that there have been a lot of concerns regarding the rates. Most people are understanding, however, we have received written correspondence and I have responded to those. Councilman MacDougal questioned the debt service. The Supervisor responded that by 2013 the debt service will be ad valorem and the O&M will be based on usage. Councilwoman LaPine said that she remembers when it was on the tax bills. Supervisor Boisen advised that it couldn’t be corrected mid-year, but it will be resolved.
Transfer Site Contract – There was a discussion of the contract between the towns of Essex and Willsboro for the Transfer Station located in Essex. The Supervisor said that the town is losing money on the Transfer site and suggested a change in the cost of a punch ticket by 10%. Councilwoman LaPine referred to the Enterprise fund and said that an inter-municipal agreement made her nervous. She said when we are talking about an agreement between two towns, we have to be super careful. The Supervise said that it was her understanding that in 1995 Willsboro was supposed to share the costs – this hasn’t happened since I have been here. Councilman MacDougal said that the tickets should be paying for the costs. There was a discussion of raising the price of the punch tickets. Councilwoman LaPine said that she would like to see a printout of the Transfer Station fund. The Supervisor asked the Board what they thought about the contract with Willsboro. Councilman MacDougal said he thought the contract was fine the way it was, but we need to charge for the expenses we incur. Mary Anne Schultz commented that the costs and impact of the transfer station on the town. Councilman MacDougal said that we should be putting more money into the fund every year. Councilman LaForest said that the contract has been automatically renewed since 2000 and that we have been derelict in not having a reserve fund. The Supervisor said that we could budget it for next year and that she would run it by Dan Manning.
New Business
- a) There was a discussion of the stumpage fees received by the Town and Willsboro School getting $702.57 as their portion of the stumpage fees.
Resolution 120 – 2012
Resolution to increase revenues by Budget Amendment of Line item 2652.1 in the amount of $2,107.72, and Appropriations, Line item 8370.4.1 in the amount of $702.57, for Forestry.
On a motion by Councilwoman LaPine, seconded by Councilman MacDougal, the resolution is ADOPTED: Yes-5 No-0
Resolved that the Essex Town Board hereby gives the Town Supervisor the authority to increase revenues by budget amendment of line item 2652.1 in the amount of $2,107.72 and appropriation line item 8370.4.1 in the amount of $702.57 for forestry receipts.
- b) The Supervisor advised the Board that in her research she found that monies were not repaid from the water extension and that this will require a budget amendment resolution as well. There was a discussion of the funds not being paid back from the water extension.
Resolution 121-2012
Resolution to Pay Back $58,828.88 from the Water Extension, 9901.9.12, a loan from the years 2002 thru 2005, to the General Fund line item 2701.1 and a Budget Amendment increasing Appropriations and Revenues of the same.
On a motion by Councilman MacDougal, seconded by Councilman LaForest, the resolution is ADOPTED: Yes-5 No-0
Resolved that the Essex Town Board hereby gives the Town Supervisor the authority to pay back $58,828.88 from the Water Extension, 9901.9.12, from a loan from the years 2002 thru 2005, to the General Fund line item 2701.1 and a budget amendment increasing appropriation and revenues of the same.
- c) There was a discussion of the transfer of funds from the Transfer Site account to the Highway account in the amount of $25,000 to reimburse Highway for a loader.
Resolution 122-2012
Resolution to transfer $25,000.00 from the Transfer Site Fund, 8160.4.1, to the Highway fund, 2650.3, and Budget Amendment increasing Appropriations and Revenues for the same.
On a motion by Councilman Wrisley to transfer the funds, seconded by Councilman MacDougal, the resolution is ADOPTED: Yes-5 No-0
Resolved that the Essex Town Board hereby gives the Town Supervisor the authority to transfer $25,000.00 from the Transfer Site Fund 8160.4.1, to the Highway Fund 2650.3 and a budget amendment increasing appropriations and revenues for the same for equipment.
Mary Anne Schultz advised the Board that she sent in two pieces of correspondence and urged the Board to take them under consideration, particularly with regard to the town owned properties. Councilman MacDougal said that the Building and Grounds Committee has not yet met this year. The Supervisor replied that perhaps a committee meeting could occur in August.
Audit of the Bills
Councilwoman LaPine asked where we were at with the McCauliffe Road situation. The Supervisor responded that she had sent the letter. Councilwoman LaPine asked the Supervisor what the total was on the overruns on the painting. The Supervisor responded that we agreed to $10,400 and $2,300 more. Councilwoman LaPine expressed her concern about the overruns and wanted contractors to stick to the contract that they sign. There was a discussion of add-ons and overruns. Councilman LaForest responded that we need a trained clerk of the works and we cannot afford that. Councilman Wrisley responded that it is a catch-22 and even if you bid a certain price, there are still cost overruns.
Councilwoman LaPine asked what happened with MaryBeth and that she had been made aware that Greystone has an apartment they rent. The Supervisor responded that they are being charged for that. Councilman MacDougal said that if Greystone has an apartment, it should have come before Planning for a permit.
The Supervisor called for a motion to accept the bills as presented. Councilwoman LaPine expressed that she had some further questions. She asked how much we pay for internet here, I understand that the sewer plant has to have it. The Supervisor responded that she feels strongly that we should have a combined rate, but that they told me no so we will have four accounts. They consider any place with a bathroom a separate account. There was a discussion of cable and rates. Supervisor Boisen advised the Board that if they want to make changes, she would not be opposed to that. We are paying $100 per month each. Councilman LaForest said that we should buy cell phones and get rid of he internet. The supervisor responded that Verizon Wireless is coming in August to talk about that. There was a discussion of free access for our computers as well as a discussion of the sewer plant internet usage.
There was a discussion of the paint used on the Town Hall project. The Supervisor advised that we cannot specify a brand of paint that we would like used when going out to bid. Councilman LaForest commented that we could put equal to or better but not specify which brand. The Supervisor said that was correct. Councilwoman LaPine asked about a bill from Hiscock & Barclay. The Supervisor said we can discuss this in executive session. Councilwoman asked about prepaying the contractor saying she thought these bills were to be paid in our regular monthly meetings. Supervisor Boisen explained the pre-pay saying it was 50% of the amendment which is 100% finished.
There was a discussion of putting a ladder on the new dock at Begg’s.
The bills were reviewed.
Resolution 123-2012
Resolution to Accept the Bills as presented on Abstract 2012-7 for Payment
On a motion by Councilman LaForest, seconded by Councilman MacDougal, the resolution is ADOPTED: Yes-5 No-0
Financial Reports
Town Clerk’s Report
Resolution 124-2012
Resolution Accepting the Town Clerk’s Report for June 2012
On a motion by Councilwoman LaPine to accept the Town Clerk’s report, seconded by Councilman LaForest, the resolution is ADOPTED: Yes-5 No-0
Water and Sewer Rents Report
Resolution 125-2012
Resolution to Accept the Water and Sewer Rents Report
On a motion by Councilwoman LaPine to accept the Water and Sewer Rents report of the Town Clerk, seconded by Councilman Wrisley, the resolution is ADOPTED:
Yes-5 No-0
Councilman Wrisley asked the Supervisor how it was going for Tina (Gardner), the Sewer Plant Operator. The Supervisor responded that it is going well and that we need reed beds that are hard to get right now. The Supervisor advised the Board that we have closed out a lot of the contracts but not entirely and that the DEC is impressed with the plant. It is a very sophisticated plant. Councilwoman LaPine said that when you are smelling sewer, it is likely to be liquid fertilizer that is being spread on farm fields and if the wind is blowing just right, we really get the smell of it here in the town.
Supervisor’s Report
There was a discussion of last month’s report and the Supervisor presented a breakdown of where the money was coming from as requested by the board.
Resolution 126-2012
Resolution Accepting the Supervisor’s Report
On a motion by Councilman Wrisley to accept the Supervisor’s Report as presented, seconded by Councilman LaForest, the resolution is ADOPTED: Yes-5 No-0
Councilwoman LaPine questioned the Supervisor further about her report and questioned the enterprise fund. There was a discussion of the enterprise fund.. Councilman Wrisley clarified the question by adding what you are asking is does the fund you are using qualify as an enterprise fund? The Supervisor said that she will research this and contact the OSC and Association of Towns.
Councilwoman LaPine queried the Supervisor on the money market accounts. The Supervisor explained that the excess monies are put into money market accounts.
The Supervisor asked if the Board wanted to go into Executive Session to discuss anything.
On a motion to enter into Executive Session by Supervisor Boisen, seconded by Councilman Wrisley, the Board entered into Executive Session at 9:31 p.m. to discuss a legal matter.
On a motion by Supervisor Boisen, seconded by Councilman MacDougal, to exit the Executive Session and re-enter the Regular Meeting, the meeting was re-entered at 9:50 p.m., the motion carries.
With nothing further to come before the Board, on a motion by Councilman LaForest to adjourn the meeting, seconded by Councilman MacDougal, the motion carries and the meeting is adjourned at 9:52 p.m.
Catherine DeWolff, Town Clerk
