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
| 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 |
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, (œWater 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:
BOND RESOLUTION DATED JULY 9, 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 œType 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, (œWater 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:
__Sharon Boisen, Supervisor_______________________ VOTING ____yes_______
Mark Wrisley, Councilman_____________________ VOTING ____yes_______
Claire LaPine, Councilwomen__________________VOTING ___yes________
________________________________________ VOTING ___________
________________________________________ VOTING ___________
The resolution was thereupon declared duly adopted.
* * * * * *
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 9th, 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 4th of July was a wonderful event. The web site was extremely busy on the 4th weekend.
The meeting was adjourned at 10:45 PM.
Respectfully submitted
Audrey Hoskins, Town Clerk
