DRAFT

TOWN OF ESSEX

REGULAR MEETING

JUNE 21, 2012

7:00 p.m.

Supervisor Sharon Boisen called the meeting to order at 7:04 p.m.

PRESENT:

Supervisor                   Sharon Boisen

Councilman                 Mark Wrisley

Councilman                 Harold MacDougal

Councilman                 Dr. James LaForest

Councilwoman            Claire LaPine

ALSO PRESENT:  Catherine DeWolff – Town Clerk, Tina Gardner – Waste Water Treatment Plant Operator, Dianne Lansing – Assessor

GUESTS:  Andrew Conte, Norma Goff, Chris Maron

Guest, Andrew Conte, a health expert working with Dr. Josh Schwartzberg and Champlain Medical Associates, gave an informative talk about healthy work places, occupational health, making sure employees are physically qualified to do the job before they are hired and costly claims that could be prevented through education, particularly for the senses, such as hearing.  Mr. Conte spoke about drug testing in the workplace as well as how diabetics and epileptics are not qualified to be drivers.  With no questions from the Town Board, Mr. Conte advised that he could be reached through Dr. Schwartzberg’s office.

The Supervisor offered the Courtesy of the Floor to the guests present.  Norma Goff presented a letter from her son, Todd, giving copies to the Board, regarding Todd Goff’s involvement with the Old Stone Church. Todd Goff is currently serving overseas with the military and sent his letter via email.  The Board told Mrs. Goff that they would consider Todd’s letter and corresponding report with regard to moving forward with the Old Stone Church.

There was a discussion of the minutes of the last three Town Board meetings of 4/19/12 Regular Meeting, 5/17/12 Regular Meeting and 5/31/12 Special Meeting.  The Supervisor advised that Board that there were several minor revisions to the draft minutes that were corrected by the Supervisor and Town Clerk.  The Board reviewed the revisions and accepted the minutes as revised.

Resolution 104 of 2012

Resolution Accepting the Minutes

On a motion by Councilman Mark Wrisley to accept the minutes of April 19, 2012, May 17, 2012 and May 31, 2012 and seconded by Councilwoman Claire LaPine, the resolution is ADOPTED:  Yes – 5      LaPine, LaForest, MacDougal, Wrisley, Boisen

No – 0

Zoning Officer’s Report for May 2012 – The Supervisor advised the Town Board that the Zoning Officer’s report will be from meeting to meeting, but that the financials will be from month to month.  There was a discussion of the report.  The Zoning Officer’s report is attached to and made a part of these minutes.

Resolution 105 of 2012

Resolution Accepting the Zoning Officer’s Report from May 2012

On a motion by Supervisor Sharon Boisen, seconded by Councilman Mark Wrisley, the Report of the Zoning Officer is accepted by unanimous vote and the resolution is ADOPTED:  Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen               No – 0

Supervisor’s County Report – The Supervisor related that the County will be installing a storm drain system in the Town of Essex and are working with an engineer to accomplish this.  She further advised that next month we would have more information on it.  There may be a vortex treatment of the water before it goes into the lake.  There was a discussion of the treatment.  Councilwoman Claire LaPine asked if they were sure that they wouldn’t be digging into the sewer lines.  The Supervisor responded that it should be clear to them where the sewer lines are – we have œas built plans.  They will be tearing up the road, however, it should not affect any houses.  Supervisor Boisen advised the Board that she would be happy to have them give a talk about it at a Town Board meeting.  The County owns the storm drains in Essex and we are lucky to get this done.  It is important to let them know how the water flows here.  There was a discussion of how the water runs down the streets after a storm, a rain barrel program, and disaster radios and how the new system will allow more communication in a disaster.

Old Business

Employee Policy Committee Update – Councilman Mark Wrisley advised the Board that it is on hold as they haven’t had the chance to meet yet.

Water Capital Project Update – There was a discussion of the 99 years lease.  The Supervisor advised that Frank (Walls) had picked up the contract today and as soon as we have that, we will be all set.

Water/Sewer Rents Update – The Supervisor advised that we have some homeowners with dual purpose properties.  Some of these people have expressed the opinion that it is not fair that they be charged as a multi-family house as their assessment shows that they are a single family property, however, with an accessory apartment.  There was a discussion of this.  Councilwoman Claire LaPine said that there is still two separate units – they rent it out.  The Board agreed that even a mother-in-law apartment is still an additional unit and should be charged.  The Supervisor said that she advised the homeowners that she would bring the issue before the Board for consideration and if you are happy with the rates the way they are, then I will let them know.  Councilman Mark Wrisley said that if it was a hardship case, we would consider it, but if they are renting, they should be charged.  Councilman LaForest indicated that he felt that mother-in-law apartments should not be treated as a separate unit as long as the user is not paying rent.  Councilman Harold MacDougal advised that if it is two units, they should be charged.  Further, if we get the meters working, that will no longer be a problem.  The Supervisor asked if the Board wanted to consider a multi-family house with immediate family living in the other unit a single family rate.  There was a discussion of discounts and hardship cases.  Supervisor Boisen advised that the other water rent situation that has been brought to our attention was that when the bills went out in the past, that the debt service was being billed ad valorem based on assessed value.  So, we went back, with the help of Cathy DeWolff and the County Clerk and we found that going back, we used to bill that way but we are still researching it.  We have tried to find out exactly what happened in years’ past, however, the paperwork is missing from our records as well as out at the County level.  We will get it right for the 2013 budget.  We are figuring it out.

Dianne Lansing expressed that she is still in favor of water meters.  Norma Goff asked if any of the meters were working.  Supervisor Boisen explained that the meter project was never completed.  We were of the understanding that all of the meters were working, but that is not the case.  There are a lot that don’t work.  We spent a lot of money on them, it has been awhile and we are still working on it.  There was a discussion of the meter situation and how technology has advanced since the original project.  Tina Gardner suggested that Rural Water be contacted in this regard.

Surplus Update – There was a discussion of the completed auction of the Highway surplus.  Councilman Mark Wrisley expressed that there should have been more advertising done by the auctioneer in local papers.  Supervisor Boisen said that we could do ourselves next time on Craig’s List.

Old Stone Church Appraisal Update – Councilman James LaForest related that the man doing the appraisal was ill with bronchial pneumonia but that he was sending an assistant out to do it.  We have paperwork and he claims he can have a quick turnaround.  There was a discussion of once we have the appraisal public hearings will have to be scheduled.  Dr. LaForest further advised that the assessed value of the church is $162,000.00, so we know it will be right around that.  The Supervisor explained that Parks and Recreation have first right of refusal on the property since that is where the Town got the money from to make improvements.  Do we want a resolution to see if they want the property or should we get a letter from them saying they don’t want it?  Dianne Lansing asked if Todd Goff’s letter would be made part of the minutes of this meeting.  Dr. LaForest advised that when we have the public hearing, it will be a part of the testimony.  Norma Goff said that we don’t want to do something that will get us into trouble with any group.  There was further discussion.  Supervisor Boisen said that the American Legion did dictate how the use would be.  We will need an attorney to advise us on this process.  Councilwoman Claire LaPine said that we need to hear from the people who gave us the money – I know Lauren said there was not a problem but I think we need to talk to these people first. Dr. LaForest said that we need to sign off on the reversion clause and we need clearance from the grantors and Parks and Recreation.  Councilman LaForest requested that the Supervisor write to Parks and Recreation seeking a write-off.  He said that the grant to fix the building would not have happened if there was not the reversion clause. The Supervisor advised that we need a letter to Parks and Recreation as to their interest.  Further, she said that she will assure that we are doing our due diligence in the best interest of the Town and the public.  We could put a stipulation in a purchase contract with the agreement that the building should be used for the public. There was a discussion of leasing the building.

Resolution 106 of 2012

Resolution to Proceed with the Inquiry of the Old Stone Church

On a motion by Councilman James LaForest, seconded by Councilman Harold MacDougal, the resolution is ADOPTED:  Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen               No – 0

Resolved that the Town Board of Essex has unanimously agreed to authorize the Supervisor to proceed with the inquiry process with the grantors in regard to their interests in the Old Stone Church.

Board of Assessment Review – There was a discussion of reducing the number of members on the BAR from 5 to 3.  It was decided that this action would be tabled until further discussion with the County.

McCauliffe Road Update – Councilman Mark Wrisley gave an explanation on qualified abandonment as being able to keep our options open as to what we want to use the road for in the future as opposed to full abandonment whereby the Town no longer has an interest and leaves the Town out of it.  Fishing rights of the area were discussed.  Councilman James LaForest said that he and Jim Morgan drove it and the culvert there was ok but the fence or gate can be there but that can’t be locked.  They have installed giant beams across the road so that you can’t access the area toward Willsboro.

Chris Maron of Champlain Area Trails read the law on abandonment.  Dr. LaForest asked Chris Maron about the legal implications if someone hiking on a CATS trail there gets hurt.  There was a discussion that landowners are under no obligation to keep their property safe.  Mr. Maron described CATS mission and showed the Town Board where their trails were in the area.  He described how the trail on McCauliffe Road was one of the more easy and accessible trails in the system.  He felt that the landowner in this situation is strongly opposed to having the trails near him.  Further, Mr. Maron advised the Board that there is a benefit to the community in staying with the qualified abandonment of the road.  He said that CATS volunteers clear trash and keep the trails maintained people support it.

The Board asked Supervisor Boisen to send Attorney Finucane a letter saying that we would like to keep it a qualified abandoned road.  She asked the Board if all agree to keep the road qualified abandoned and there was unanimous agreement by the Board.

Councilman LaForest noted that while the gate on the Willsboro end was unlocked, no vehicle, horse, snowmobile, etc., could pass because there was two giant beams across the gate, nor could the gate even open outwards. There was a discussion of the timbers blocking the Willsboro side and the Supervisor advised that will be in her letter.  Assessor Dianne Lansing said that the Conways came to them for a possible remedy of this situation.  Councilman Mark Wrisley asked if we want to get a lawyer involved to remove the timbers.  Councilman Harold MacDougal said there is no need to get a lawyer. Let them know in a letter that they are blocking the road illegally and leave it at that.

Evacuation Education Consideration – The Supervisor advised that it would be nice to settle this tonight.  Dr. LaForest asked if they are doing this in every town.  The Supervisor responded, no that it appears we are the only ones being asked.  Dr. LaForest wanted to find out if other fire departments are supporting this.  If we are the only ones, then I don’t get it.  Dianne Lansing said that it is coming from Dan Benoit who is the Fire Safety Coordinator.  Councilman Harold MacDougal said that on the record, I think this is a waste of time and money.  There was a discussion of whether or not other towns were doing this.  The Supervisor said that that bottom line is do we want to pay the cost of this or not – they have approval from the Supervisor to use our bulk mail permit.

(Guest, Beth Schiller arrives in the meeting at 9:15 p.m.)

Dr. LaForest said let’s contact the fire departments to see if they are in support of this and if they both support it, I move the resolution for it.

Resolution 107 of 2012

Resolution to Approve the Use of the Town Bulk Permit and the Cost of $165 for the Evacuation Information only if the Fire Departments Support it

On a motion by Councilman James LaForest to approve the cost of $165 to print and mail the fire safety evacuation education information only if the fire departments support it, seconded by Councilman Mark Wrisley, the resolution is ADOPTED:  Yes-4  LaPine, LaForest, Wrisley, Boisen       No-1 MacDougal

Town Hall Update – The Supervisor advised that Larry Blanchard had come back to fix what was discussed and his final bill is in the bills to be paid.  Further, she said that she had learned that we need to use galvanized nails, which are more costly and they need to be painted over and spackled.  The painters are finding rot where they are scraping.  It will cost approximately $4-500 to fix the nail holes only.  I think we should have them fix the siding as they find it while painting.  It would be a better way to go than having it be part of the RFP for the rot.  There was a discussion of lead paint.  The Supervisor said that the crew went to lead paint abatement school.  Dr. LaForest said that the $500 is not a lot of money for all that work to get done.  There was a discussion of the galvanized nails and of the work that has already been done.  Councilman Harold MacDougal expressed that under closer inspection he would think that $2,000 would be a better figure.  The Supervisor clarified that it would be the $2,000 plus the $500 for nail holes.  Would you agree that I could negotiate with him the amount not to exceed $2,500?  I feel they are doing an excellent job and I am cringing about the rot they are finding.  Councilwoman Claire LaPine said it should be $2,000 for the entire job.

Resolution 108 of 2012

Resolution Authorizing the Supervisor to Negotiate for Extra Replacement of Rotted Boards and the Filling of Nail Holes for the amount not to exceed $2,000

On a motion by Councilwoman LaPine, seconded by Councilman Harold MacDougal, the resolution is ADOPTED:  Yes-5  LaPine, LaForest, MacDougal, Wrisley, Boisen

No-0

The Supervisor advised the Board that Beth Schiller was here to talk about internet access from the water tower.  Beth described her project would help those people who don’t have internet or satellite.  It is a wireless technology used in third world countries.  It would be a benefit to our community.  She said she thought the top of the water tower might be a good opportunity, a good first start.  The device used would be unobtrusive and not use a lot of electricity.  Further, she said it would be a monthly service like anything else.  The cost and the contract with Nextel were discussed as well as the speeds that would be provided subscribers.  Councilman LaForest said he did not want to see different rates for Tower users and that he did not want to risk the Nextel contract when they found out that different rentals would be charged.  Ms. Schiller said that cost is an issue and that she is not Nextel.  She would be providing a community service and if there is a large rent bill, it would not work.  Councilman Harold MacDougal advised that we need to investigate this first and go from there.

New Business

Resolution to congratulate Peter Schultz and colleagues for their receiving the IEEE Award for the Invention of Optical Fiber

 

Resolution 109 of 2012

Resolution of Congratulations to Essex Resident Peter C. Schultz for Receiving the Prestigious Milestone Award in Electrical Engineering and Computing for the Invention of Low Loss Optical Fiber

On a motion by Supervisor Sharon Boisen, seconded by Councilman Mark Wrisley, the resolution is ADOPTED:  Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen     No-0

Whereas the Town of Essex feels it appropriate and necessary to honor its residents for their superlative accomplishments, the Town Board, representing the residents of the Town of Essex hereby proudly and unanimously recognizes and applauds

Dr. Peter C. Schultz for receiving the IEEE Milestone Award for Low Loss Fiber Optics along with his co-inventors, Dr. Robert Maurer and Dr. Donald Keck, an invention that has impacted and changed the way the world communicates for the betterment and advancement of mankind.

Resolution authorizing RFP for insurance – The bi-annual insurance has come due and has prompted some discussion about renewal.  The Supervisor expressed her dissatisfaction with Select and told the Board that NYMIR might be a better choice as they specialize in municipal insurance needs.  There was a discussion of authorizing a RFP for insurance.  There was a discussion of a cancellation clause and Dr. LaForest asked to see a copy of the RFP.

Resolution 110 of 2012

Resolution Authorizing a RFP for Insurance

On a motion by Councilman James LaForest, seconded by Councilman Mark Wrisley, the resolution to authorize Requests for Proposals for Insurance is ADOPTED:  Yes-5

LaPine, LaForest, MacDougal, Wrisley, Boisen                     No-0

Resolved that the Essex Town Board has authorized the Supervisor to RFP for the town insurance.

Electronics and brush at Transfer Station discussion – The Supervisor advised that we don’t take accept electronics and don’t have any means of getting rid of it.  The Transfer Station have been sending people to Westport, however, this week Dan Connell passed a resolution no longer accepting electronics from other towns.  There was a discussion of options.  The Supervisor said there is a company that will pick up the electronic waste but they have to have, and we may have to provide, a covered storage area on site but other than that the service was free.  We will have to let Puss know that they can no longer send anybody to Westport to get rid of their electronics.

There was a discussion of burning brush at the transfer station site of perhaps chipping it.  The Supervisor advised that there are programs for community composting.  During the discussion about chipping, Councilman LaForest suggested we could rent a chipper rather than buying.  Councilwoman Claire LaPine said that they should talk to the guys who work up there.  The Supervisor said that she will plan a meeting with Puss and what might work for them.  There was a discussion of who will do the burning.

Discussion of the Bills

The Town Board having completed their Audit of the Claims on Abstract 2012-6 approve voucher #’s 287 to 343 with 343 replacing  voided #324 for payment with no total change.

FUND                                                 Prepaid                                    Paid

General                                                $10,606.98                              $18,243.28

Highway                                             $0                                            $10,131.32

Water                                                  $17.77                                     $3,336.33

Essex Lights                                        $298.27                                   $0

Whallonsburgh Lights                         $149.30                                   $0

Sewer Operating                                 $0                                            $2,783.73

(Continued from page 7)

Sewer Capital                                      $0                                            $2,449.50

Ground Water Capital                                    $0                                            $1,378.50

Wrights Inn                                         $2,035.50                                $2,035.50

T&A                                                    $800.80                                   $0_______________

TOTALS                                             $13,908.62                              $40,358.16

Councilwoman Claire LaPine asked about the unemployment insurance.  There was a discussion of the unemployment insurance.  Councilman James LaForest questioned April’s Hiscock and Barclay bill for drawing up the fire district contracts.  The Supervisor agreed that it was high, but didn’t know how to get around it. There was a discussion of using local Council for future work.

Resolution 111 of 2012

Resolution Authorizing the Payment of the Bills on Abstract 2012-6

On a motion by Councilman James LaForest, seconded by Councilman Harold MacDougal, the resolution to authorize the Supervisor to pay the bills on Abstract 2012-6 is ADOPTED:  Yes-5  LaPine, LaForest, MacDougal, Wrisley, Boisen         No-0

Financial Reports

Town Clerk’s Report –

Resolution 112 of 2012

Resolution Accepting the Town Clerk’s Report

On a motion by Councilman James LaForest to accept the Town Clerk’s report as presented, seconded by Councilwoman Claire LaPine, the resolution is ADOPTED:

Yes-5  LaPine, LaForest, MacDougal, Wrisley, Boisen                     No-0

Water and Sewer Rents Report –

Resolution 113 of 2012

Resolution Accepting the Water and Sewer Rents Report

On a motion by Councilman James LaForest to accept the Water and Sewer Rents report as presented, seconded by Councilman Mark Wrisley, the resolution is ADOPTED:

Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen                      No-0

Supervisor’s Report – There was a discussion of the Supervisor’s report and of the withdrawals and balances.  Councilwoman Claire LaPine said that some of the figures aren’t adding up.  Councilman Mark Wrisley advised that the figures need to be broken down further.  The Supervisor said that she and LeeAnn will work on it.

Resolution 114 of 2012

Resolution Accepting the Supervisor’s Report

On a motion to accept the Supervisor’s Report as presented by Councilman James LaForest and seconded by Councilwoman Claire LaPine, the resolution is ADOPTED:

Yes-5  LaPine, LaForest, MacDougal, Wrisley, Boisen                     No-0

Councilman LaForest said that a leasing agreement is something we should look at to buy the truck.

There was a discussion of the Close/Mallett family with regard to water.  The Supervisor asked if a resolution was needed by Board to waive the water and sewer rents.  Further she advised that if the funding agency dictates that they need a meter, we won’t read it.  Councilman Mark Wrisley said that even if we don’t charge them for water, we need to read the meter and we should keep a record of it.  The Supervisor passed out copies of the Nextel lease to the Board members.  There was a discussion of Nextel.

On a motion by Councilman James LaForest to enter into executive session to discuss a legal matter, seconded by Supervisor Boisen, the Essex Town Board entered into executive session at 11:10 p.m.

On a motion to re-enter the regular meeting by Supervisor Boisen, seconded by Councilman James LaForest, the Town Board re-entered the regular meeting at 11:30 p.m. with no action taken.

With nothing further to come before the Board, the Supervisor adjourned the Regular Meeting of the Essex Town Board at 11:33 p.m.

Respectfully submitted by

Catherine DeWolff, Town Clerk

 

 

DRAFT

TOWN OF ESSEX

REGULAR MEETING

JUNE 21, 2012

7:00 p.m.

Supervisor Sharon Boisen called the meeting to order at 7:04 p.m.

PRESENT:

Supervisor                   Sharon Boisen

Councilman                 Mark Wrisley

Councilman                 Harold MacDougal

Councilman                 Dr. James LaForest

Councilwoman            Claire LaPine

ALSO PRESENT:  Catherine DeWolff – Town Clerk, Tina Gardner – Waste Water Treatment Plant Operator, Dianne Lansing – Assessor

GUESTS:  Andrew Conte, Norma Goff, Chris Maron

Guest, Andrew Conte, a health expert working with Dr. Josh Schwartzberg and Champlain Medical Associates, gave an informative talk about healthy work places, occupational health, making sure employees are physically qualified to do the job before they are hired and costly claims that could be prevented through education, particularly for the senses, such as hearing.  Mr. Conte spoke about drug testing in the workplace as well as how diabetics and epileptics are not qualified to be drivers.  With no questions from the Town Board, Mr. Conte advised that he could be reached through Dr. Schwartzberg’s office.

The Supervisor offered the Courtesy of the Floor to the guests present.  Norma Goff presented a letter from her son, Todd, giving copies to the Board, regarding Todd Goff’s involvement with the Old Stone Church. Todd Goff is currently serving overseas with the military and sent his letter via email.  The Board told Mrs. Goff that they would consider Todd’s letter and corresponding report with regard to moving forward with the Old Stone Church.

There was a discussion of the minutes of the last three Town Board meetings of 4/19/12 Regular Meeting, 5/17/12 Regular Meeting and 5/31/12 Special Meeting.  The Supervisor advised that Board that there were several minor revisions to the draft minutes that were corrected by the Supervisor and Town Clerk.  The Board reviewed the revisions and accepted the minutes as revised.

Resolution 104 of 2012

Resolution Accepting the Minutes

On a motion by Councilman Mark Wrisley to accept the minutes of April 19, 2012, May 17, 2012 and May 31, 2012 and seconded by Councilwoman Claire LaPine, the resolution is ADOPTED:  Yes – 5      LaPine, LaForest, MacDougal, Wrisley, Boisen

No – 0

Zoning Officer’s Report for May 2012 – The Supervisor advised the Town Board that the Zoning Officer’s report will be from meeting to meeting, but that the financials will be from month to month.  There was a discussion of the report.  The Zoning Officer’s report is attached to and made a part of these minutes.

Resolution 105 of 2012

Resolution Accepting the Zoning Officer’s Report from May 2012

On a motion by Supervisor Sharon Boisen, seconded by Councilman Mark Wrisley, the Report of the Zoning Officer is accepted by unanimous vote and the resolution is ADOPTED:  Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen               No – 0

Supervisor’s County Report – The Supervisor related that the County will be installing a storm drain system in the Town of Essex and are working with an engineer to accomplish this.  She further advised that next month we would have more information on it.  There may be a vortex treatment of the water before it goes into the lake.  There was a discussion of the treatment.  Councilwoman Claire LaPine asked if they were sure that they wouldn’t be digging into the sewer lines.  The Supervisor responded that it should be clear to them where the sewer lines are – we have œas built plans.  They will be tearing up the road, however, it should not affect any houses.  Supervisor Boisen advised the Board that she would be happy to have them give a talk about it at a Town Board meeting.  The County owns the storm drains in Essex and we are lucky to get this done.  It is important to let them know how the water flows here.  There was a discussion of how the water runs down the streets after a storm, a rain barrel program, and disaster radios and how the new system will allow more communication in a disaster.

Old Business

Employee Policy Committee Update – Councilman Mark Wrisley advised the Board that it is on hold as they haven’t had the chance to meet yet.

Water Capital Project Update – There was a discussion of the 99 years lease.  The Supervisor advised that Frank (Walls) had picked up the contract today and as soon as we have that, we will be all set.

Water/Sewer Rents Update – The Supervisor advised that we have some homeowners with dual purpose properties.  Some of these people have expressed the opinion that it is not fair that they be charged as a multi-family house as their assessment shows that they are a single family property, however, with an accessory apartment.  There was a discussion of this.  Councilwoman Claire LaPine said that there is still two separate units – they rent it out.  The Board agreed that even a mother-in-law apartment is still an additional unit and should be charged.  The Supervisor said that she advised the homeowners that she would bring the issue before the Board for consideration and if you are happy with the rates the way they are, then I will let them know.  Councilman Mark Wrisley said that if it was a hardship case, we would consider it, but if they are renting, they should be charged.  Councilman LaForest indicated that he felt that mother-in-law apartments should not be treated as a separate unit as long as the user is not paying rent.  Councilman Harold MacDougal advised that if it is two units, they should be charged.  Further, if we get the meters working, that will no longer be a problem.  The Supervisor asked if the Board wanted to consider a multi-family house with immediate family living in the other unit a single family rate.  There was a discussion of discounts and hardship cases.  Supervisor Boisen advised that the other water rent situation that has been brought to our attention was that when the bills went out in the past, that the debt service was being billed ad valorem based on assessed value.  So, we went back, with the help of Cathy DeWolff and the County Clerk and we found that going back, we used to bill that way but we are still researching it.  We have tried to find out exactly what happened in years’ past, however, the paperwork is missing from our records as well as out at the County level.  We will get it right for the 2013 budget.  We are figuring it out.

Dianne Lansing expressed that she is still in favor of water meters.  Norma Goff asked if any of the meters were working.  Supervisor Boisen explained that the meter project was never completed.  We were of the understanding that all of the meters were working, but that is not the case.  There are a lot that don’t work.  We spent a lot of money on them, it has been awhile and we are still working on it.  There was a discussion of the meter situation and how technology has advanced since the original project.  Tina Gardner suggested that Rural Water be contacted in this regard.

Surplus Update – There was a discussion of the completed auction of the Highway surplus.  Councilman Mark Wrisley expressed that there should have been more advertising done by the auctioneer in local papers.  Supervisor Boisen said that we could do ourselves next time on Craig’s List.

Old Stone Church Appraisal Update – Councilman James LaForest related that the man doing the appraisal was ill with bronchial pneumonia but that he was sending an assistant out to do it.  We have paperwork and he claims he can have a quick turnaround.  There was a discussion of once we have the appraisal public hearings will have to be scheduled.  Dr. LaForest further advised that the assessed value of the church is $162,000.00, so we know it will be right around that.  The Supervisor explained that Parks and Recreation have first right of refusal on the property since that is where the Town got the money from to make improvements.  Do we want a resolution to see if they want the property or should we get a letter from them saying they don’t want it?  Dianne Lansing asked if Todd Goff’s letter would be made part of the minutes of this meeting.  Dr. LaForest advised that when we have the public hearing, it will be a part of the testimony.  Norma Goff said that we don’t want to do something that will get us into trouble with any group.  There was further discussion.  Supervisor Boisen said that the American Legion did dictate how the use would be.  We will need an attorney to advise us on this process.  Councilwoman Claire LaPine said that we need to hear from the people who gave us the money – I know Lauren said there was not a problem but I think we need to talk to these people first. Dr. LaForest said that we need to sign off on the reversion clause and we need clearance from the grantors and Parks and Recreation.  Councilman LaForest requested that the Supervisor write to Parks and Recreation seeking a write-off.  He said that the grant to fix the building would not have happened if there was not the reversion clause. The Supervisor advised that we need a letter to Parks and Recreation as to their interest.  Further, she said that she will assure that we are doing our due diligence in the best interest of the Town and the public.  We could put a stipulation in a purchase contract with the agreement that the building should be used for the public. There was a discussion of leasing the building.

Resolution 106 of 2012

Resolution to Proceed with the Inquiry of the Old Stone Church

On a motion by Councilman James LaForest, seconded by Councilman Harold MacDougal, the resolution is ADOPTED:  Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen               No – 0

Resolved that the Town Board of Essex has unanimously agreed to authorize the Supervisor to proceed with the inquiry process with the grantors in regard to their interests in the Old Stone Church.

Board of Assessment Review – There was a discussion of reducing the number of members on the BAR from 5 to 3.  It was decided that this action would be tabled until further discussion with the County.

McCauliffe Road Update – Councilman Mark Wrisley gave an explanation on qualified abandonment as being able to keep our options open as to what we want to use the road for in the future as opposed to full abandonment whereby the Town no longer has an interest and leaves the Town out of it.  Fishing rights of the area were discussed.  Councilman James LaForest said that he and Jim Morgan drove it and the culvert there was ok but the fence or gate can be there but that can’t be locked.  They have installed giant beams across the road so that you can’t access the area toward Willsboro.

Chris Maron of Champlain Area Trails read the law on abandonment.  Dr. LaForest asked Chris Maron about the legal implications if someone hiking on a CATS trail there gets hurt.  There was a discussion that landowners are under no obligation to keep their property safe.  Mr. Maron described CATS mission and showed the Town Board where their trails were in the area.  He described how the trail on McCauliffe Road was one of the more easy and accessible trails in the system.  He felt that the landowner in this situation is strongly opposed to having the trails near him.  Further, Mr. Maron advised the Board that there is a benefit to the community in staying with the qualified abandonment of the road.  He said that CATS volunteers clear trash and keep the trails maintained people support it.

The Board asked Supervisor Boisen to send Attorney Finucane a letter saying that we would like to keep it a qualified abandoned road.  She asked the Board if all agree to keep the road qualified abandoned and there was unanimous agreement by the Board.

Councilman LaForest noted that while the gate on the Willsboro end was unlocked, no vehicle, horse, snowmobile, etc., could pass because there was two giant beams across the gate, nor could the gate even open outwards. There was a discussion of the timbers blocking the Willsboro side and the Supervisor advised that will be in her letter.  Assessor Dianne Lansing said that the Conways came to them for a possible remedy of this situation.  Councilman Mark Wrisley asked if we want to get a lawyer involved to remove the timbers.  Councilman Harold MacDougal said there is no need to get a lawyer. Let them know in a letter that they are blocking the road illegally and leave it at that.

Evacuation Education Consideration – The Supervisor advised that it would be nice to settle this tonight.  Dr. LaForest asked if they are doing this in every town.  The Supervisor responded, no that it appears we are the only ones being asked.  Dr. LaForest wanted to find out if other fire departments are supporting this.  If we are the only ones, then I don’t get it.  Dianne Lansing said that it is coming from Dan Benoit who is the Fire Safety Coordinator.  Councilman Harold MacDougal said that on the record, I think this is a waste of time and money.  There was a discussion of whether or not other towns were doing this.  The Supervisor said that that bottom line is do we want to pay the cost of this or not – they have approval from the Supervisor to use our bulk mail permit.

(Guest, Beth Schiller arrives in the meeting at 9:15 p.m.)

Dr. LaForest said let’s contact the fire departments to see if they are in support of this and if they both support it, I move the resolution for it.

Resolution 107 of 2012

Resolution to Approve the Use of the Town Bulk Permit and the Cost of $165 for the Evacuation Information only if the Fire Departments Support it

On a motion by Councilman James LaForest to approve the cost of $165 to print and mail the fire safety evacuation education information only if the fire departments support it, seconded by Councilman Mark Wrisley, the resolution is ADOPTED:  Yes-4  LaPine, LaForest, Wrisley, Boisen       No-1 MacDougal

Town Hall Update – The Supervisor advised that Larry Blanchard had come back to fix what was discussed and his final bill is in the bills to be paid.  Further, she said that she had learned that we need to use galvanized nails, which are more costly and they need to be painted over and spackled.  The painters are finding rot where they are scraping.  It will cost approximately $4-500 to fix the nail holes only.  I think we should have them fix the siding as they find it while painting.  It would be a better way to go than having it be part of the RFP for the rot.  There was a discussion of lead paint.  The Supervisor said that the crew went to lead paint abatement school.  Dr. LaForest said that the $500 is not a lot of money for all that work to get done.  There was a discussion of the galvanized nails and of the work that has already been done.  Councilman Harold MacDougal expressed that under closer inspection he would think that $2,000 would be a better figure.  The Supervisor clarified that it would be the $2,000 plus the $500 for nail holes.  Would you agree that I could negotiate with him the amount not to exceed $2,500?  I feel they are doing an excellent job and I am cringing about the rot they are finding.  Councilwoman Claire LaPine said it should be $2,000 for the entire job.

Resolution 108 of 2012

Resolution Authorizing the Supervisor to Negotiate for Extra Replacement of Rotted Boards and the Filling of Nail Holes for the amount not to exceed $2,000

On a motion by Councilwoman LaPine, seconded by Councilman Harold MacDougal, the resolution is ADOPTED:  Yes-5  LaPine, LaForest, MacDougal, Wrisley, Boisen

No-0

The Supervisor advised the Board that Beth Schiller was here to talk about internet access from the water tower.  Beth described her project would help those people who don’t have internet or satellite.  It is a wireless technology used in third world countries.  It would be a benefit to our community.  She said she thought the top of the water tower might be a good opportunity, a good first start.  The device used would be unobtrusive and not use a lot of electricity.  Further, she said it would be a monthly service like anything else.  The cost and the contract with Nextel were discussed as well as the speeds that would be provided subscribers.  Councilman LaForest said he did not want to see different rates for Tower users and that he did not want to risk the Nextel contract when they found out that different rentals would be charged.  Ms. Schiller said that cost is an issue and that she is not Nextel.  She would be providing a community service and if there is a large rent bill, it would not work.  Councilman Harold MacDougal advised that we need to investigate this first and go from there.

New Business

Resolution to congratulate Peter Schultz and colleagues for their receiving the IEEE Award for the Invention of Optical Fiber

Resolution 109 of 2012

Resolution of Congratulations to Essex Resident Peter C. Schultz for Receiving the Prestigious Milestone Award in Electrical Engineering and Computing for the Invention of Low Loss Optical Fiber

On a motion by Supervisor Sharon Boisen, seconded by Councilman Mark Wrisley, the resolution is ADOPTED:  Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen     No-0

Whereas the Town of Essex feels it appropriate and necessary to honor its residents for their superlative accomplishments, the Town Board, representing the residents of the Town of Essex hereby proudly and unanimously recognizes and applauds

Dr. Peter C. Schultz for receiving the IEEE Milestone Award for Low Loss Fiber Optics along with his co-inventors, Dr. Robert Maurer and Dr. Donald Keck, an invention that has impacted and changed the way the world communicates for the betterment and advancement of mankind.

Resolution authorizing RFP for insurance – The bi-annual insurance has come due and has prompted some discussion about renewal.  The Supervisor expressed her dissatisfaction with Select and told the Board that NYMIR might be a better choice as they specialize in municipal insurance needs.  There was a discussion of authorizing a RFP for insurance.  There was a discussion of a cancellation clause and Dr. LaForest asked to see a copy of the RFP.

Resolution 110 of 2012

Resolution Authorizing a RFP for Insurance

On a motion by Councilman James LaForest, seconded by Councilman Mark Wrisley, the resolution to authorize Requests for Proposals for Insurance is ADOPTED:  Yes-5

LaPine, LaForest, MacDougal, Wrisley, Boisen                     No-0

Resolved that the Essex Town Board has authorized the Supervisor to RFP for the town insurance.

Electronics and brush at Transfer Station discussion – The Supervisor advised that we don’t take accept electronics and don’t have any means of getting rid of it.  The Transfer Station have been sending people to Westport, however, this week Dan Connell passed a resolution no longer accepting electronics from other towns.  There was a discussion of options.  The Supervisor said there is a company that will pick up the electronic waste but they have to have, and we may have to provide, a covered storage area on site but other than that the service was free.  We will have to let Puss know that they can no longer send anybody to Westport to get rid of their electronics.

There was a discussion of burning brush at the transfer station site of perhaps chipping it.  The Supervisor advised that there are programs for community composting.  During the discussion about chipping, Councilman LaForest suggested we could rent a chipper rather than buying.  Councilwoman Claire LaPine said that they should talk to the guys who work up there.  The Supervisor said that she will plan a meeting with Puss and what might work for them.  There was a discussion of who will do the burning.

Discussion of the Bills

The Town Board having completed their Audit of the Claims on Abstract 2012-6 approve voucher #’s 287 to 343 with 343 replacing  voided #324 for payment with no total change.

FUND                                                 Prepaid                                    Paid

General                                                $10,606.98                              $18,243.28

Highway                                             $0                                            $10,131.32

Water                                                  $17.77                                     $3,336.33

Essex Lights                                        $298.27                                   $0

Whallonsburgh Lights                         $149.30                                   $0

Sewer Operating                                 $0                                            $2,783.73

(Continued from page 7)

Sewer Capital                                      $0                                            $2,449.50

Ground Water Capital                                    $0                                            $1,378.50

Wrights Inn                                         $2,035.50                                $2,035.50

T&A                                                    $800.80                                   $0_______________

TOTALS                                             $13,908.62                              $40,358.16

Councilwoman Claire LaPine asked about the unemployment insurance.  There was a discussion of the unemployment insurance.  Councilman James LaForest questioned April’s Hiscock and Barclay bill for drawing up the fire district contracts.  The Supervisor agreed that it was high, but didn’t know how to get around it. There was a discussion of using local Council for future work.

Resolution 111 of 2012

Resolution Authorizing the Payment of the Bills on Abstract 2012-6

On a motion by Councilman James LaForest, seconded by Councilman Harold MacDougal, the resolution to authorize the Supervisor to pay the bills on Abstract 2012-6 is ADOPTED:  Yes-5  LaPine, LaForest, MacDougal, Wrisley, Boisen         No-0

Financial Reports

Town Clerk’s Report –

Resolution 112 of 2012

Resolution Accepting the Town Clerk’s Report

On a motion by Councilman James LaForest to accept the Town Clerk’s report as presented, seconded by Councilwoman Claire LaPine, the resolution is ADOPTED:

Yes-5  LaPine, LaForest, MacDougal, Wrisley, Boisen                     No-0

Water and Sewer Rents Report –

Resolution 113 of 2012

Resolution Accepting the Water and Sewer Rents Report

On a motion by Councilman James LaForest to accept the Water and Sewer Rents report as presented, seconded by Councilman Mark Wrisley, the resolution is ADOPTED:

Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen                      No-0

Supervisor’s Report – There was a discussion of the Supervisor’s report and of the withdrawals and balances.  Councilwoman Claire LaPine said that some of the figures aren’t adding up.  Councilman Mark Wrisley advised that the figures need to be broken down further.  The Supervisor said that she and LeeAnn will work on it.

Resolution 114 of 2012

Resolution Accepting the Supervisor’s Report

On a motion to accept the Supervisor’s Report as presented by Councilman James LaForest and seconded by Councilwoman Claire LaPine, the resolution is ADOPTED:

Yes-5  LaPine, LaForest, MacDougal, Wrisley, Boisen                     No-0

Councilman LaForest said that a leasing agreement is something we should look at to buy the truck.

There was a discussion of the Close/Mallett family with regard to water.  The Supervisor asked if a resolution was needed by Board to waive the water and sewer rents.  Further she advised that if the funding agency dictates that they need a meter, we won’t read it.  Councilman Mark Wrisley said that even if we don’t charge them for water, we need to read the meter and we should keep a record of it.  The Supervisor passed out copies of the Nextel lease to the Board members.  There was a discussion of Nextel.

On a motion by Councilman James LaForest to enter into executive session to discuss a legal matter, seconded by Supervisor Boisen, the Essex Town Board entered into executive session at 11:10 p.m.

On a motion to re-enter the regular meeting by Supervisor Boisen, seconded by Councilman James LaForest, the Town Board re-entered the regular meeting at 11:30 p.m. with no action taken.

With nothing further to come before the Board, the Supervisor adjourned the Regular Meeting of the Essex Town Board at 11:33 p.m.

Respectfully submitted by

Catherine DeWolff, Town Clerk