ESSEX TOWN BOARD

REGULAR MEETING

MARCH 15, 2012

7:00 p.m.

Supervisor Sharon Boisen called the meeting to order at 7:00 p.m., and led us in the Pledge of Allegiance.

PRESENT: Sharon Boisen Supervisor

Harold MacDougal Councilman

Claire LaPine Councilwoman

Dr. James LaForest Councilman

ABSENT: Mark Wrisley Councilman

ALSO PRESENT: Catherine DeWolff, Linda Carson, Olive Alexander, Jonathan Pribble, Wayne Gryk, Sally Johnson, Myrna Mandeville, Dave Lansing, Lauren Murphy, Tina Gardner and Dianne Lansing

Councilwoman LaPine requested a moment of silence for Mr. Sid Couchey, Mrs. Margaret Pooler, and Mr. Wallace Hill.

Courtesy of the Floor

Supervisor Boisen offered the courtesy of the floor to the public.

Jonathan Pribble asked about the Codes Officer position and spoke in favor of Dave Lansing. Further, he said that he is the former employer of some of the applicants. Supervisor Boisen advised Mr. Pribble that the Board could not discuss a personnel issue in a public meeting.

Sally Johnson said that after last spring’s flooding, we have to look at flood plains and keep people out of them.

Approval of Minutes

There was a discussion of the minutes presented for approval. Councilwoman LaPine advised the Town Clerk of minor typographical errors to be corrected.

On a motion to accept and approve the minutes by Councilman LaForest subject to the changes requested by Councilwoman LaPine and said motion seconded by Councilman MacDougal, the minutes of 1/12/12, 2/15/12, 2/15/12 Water Informational, 2/28/12 are accepted by roll call vote:

Yes-4 LaPine, LaForest, MacDougal, Boisen No-0

Zoning Report

There was a discussion of the Code Enforcement Officer, David Lansing’s, revised February report. Councilwoman LaPine asked about the work being done over the old theater. Mr. Lansing responded that the owner, Ron Albee, hired Jerry (Spooner) to rip out the floor in the back and it’s all new.

Councilman LaForest asked what an œOrder to Remedy was. Mr. Lansing said that it is the initial way to ask someone to correct a problem before legal action is made. They are issued for violations of our Zoning Law or State Building Codes.

Supervisor’s Report

Supervisor Boisen spoke about what is going on at the County level particularly with the Horace Nye Nursing Home. She said that she believes it will end up costing more in the long run to care for the 100 residents spread out across the county or state than it would under one roof. Further, we owe it to the residents of Essex County to care for them. I worry about that, however, I am only one small part of the voting system that we’re going to be using.

The Supervisor further advised that Essex County did waive its’ residency requirements for employees. In cases of elected officials and their deputies and appointed positions such as Sheriff. They must live within Essex County. However, for all other employees it is no longer a requirement.

Supervisor Boisen asked if there were any comments or questions. Dr. LaForest said that as he understood it, that because bids have been received the County is obligated to paying the registering realty firm a fee whether or not they are accepted? Supervisor Boisen said that she could not speak about the bids received or the procedure thereof, but regarding the bidding process, should bids come in that meet the requirements of the bid specs and you don’t award any of them, then yes, you pay the brokerage fee.

Old Business

1. Resolution 51 – 2012

Resolution to Adopt Local Law #1 of 2012

An Amendment of Local Law #2 of 2009 – The Parking Law

Supervisor Boisen called for a Resolution adopting Local Law #1 of 2012 which is the Amendment of Local Law #2 of 2009, also known as the Parking Law. She discussed the changes in the wording of minimum to maximum and why we need to adopt this law.

On a motion by Councilman LaForest and seconded by Councilman MacDougal the Resolution is ADOPTED by roll call vote: Yes-4 LaPine, LaForest, MacDougal, Boisen No-0

RESOLVED that the Town Board of the Town of Essex, NY, has adopted Local Law #1 of 2012 as follows:

TOWN OF ESSEX LOCAL LAW #1 OF 2012

TOWN OF ESSEX PARKING LAW

SECTION 1. PURPOSE: The Town Board of the Town of Essex finds that the parking of vehicles on public highways, sidewalks, or public areas within the Town of Essex, interferes with repairs, obstructs construction, creates a hazard for passing motorists and interferes with snow removal.

SECTION 2. DEFINITIONS: For the purpose of this Local Law, the term œauthorized representative shall mean The Town of Essex Highway Superintendent or his deputy and the term œpublic highway shall mean any highway or street maintained by the Town of Essex Highway Department. The definitions contained in the Vehicle and Traffic Law of the State of New York shall apply to this article in all respects.

SECTION 3. PROHIBITED PARKING: The parking of any vehicle is hereby prohibited on public highways and sidewalks in the Town of Essex.

SECTION 4. PENALTIES: The Town of Essex highway Superintendent or his deputy is hereby authorized to order any vehicle parked in violation of this Local Law to be removed from the highway. If the owner of said vehicle cannot be readily ascertained, or if the ascertained does not comply, the Town of Essex Highway Superintendent or his deputy shall promptly contact a towing service and order the vehicle removed at the owner’s expense. The owner of said vehicle shall be subject to a maximum fine of $250.00 and up to 10 days in jail for the first violation and a maximum fine of $350.00 and up to 15 days in jail for the second offense, and on subsequent offenses, a maximum increase of $100.00 fine and 5 days in jail.

SECTION 5. STATUTORY AUTHORITY: This Article is adopted pursuant to the provisions of the Municipal Home Rule Law of the State of New York and Section 1660 of the Vehicle and Traffic Law of the State of New York.

SECTION 6. EFFECTIVE DATE: This Local Law shall take effect immediately upon filing with the Secretary of State of New York in accordance with the provisions of the Municipal Home Rule Law.

*****

1. Water Capital Project Update

The Supervisor advised that she had e-mailed everyone that the hydro-geologist is expecting to do the low frequency testing behind the Fire Department possibly by next week, the week of the 19th. As far as the Bond Resolution, we had a special meeting to come up with the amount of the Bond Resolution, the figure was $2.9M, I apologize that I don’t have the exact figure in front of me. I called the Bond Counsel and he said okay, but then called again a couple of days later to say that we needed to go through SEQR as well as other requirements. This is different than what happened with previous projects. So, we are trying to sort that out. Essex County will provide services for SEQR, we don’t have to hire an engineer or professional for that. Essex County and I are working on that process and I would imagine by April we should have better clarity on that. There was a discussion of the difference between the Water District and the Sewer District and why a SEQR should be required for the Water District since we are not creating a new District only a new source for water in that district. The Supervisor advised the Board that when she had a better understanding of this she would let them know. Supervisor Boisen spoke of the $45,000 grant money – EFC sent a letter saying we have grant from 2002, that we didn’t use all of it, and did we want to or did we just want to give it up because we were thru with the project. It was the project where the meters were not completely installed. We can spend $45,000 or I might find $45,000 of bills that didn’t got sent in for reimbursement. We have $8,000 +/- now that has never been submitted for reimbursement. So, we’re going to keep investigating that. Dr. LaForest asked about what happened with using the surplus funds to do the meters. The Supervisor said no – that could not be done, it was not an option. She further related that the Water Project that we are working on now started in 2007. I wanted to get all the bills from that so that we could submit what we needed to for reimbursement and I would know the exact amount we needed for the Bond Resolution. I think some of it came out of the water account and some of it came out of the general fund, so there is still some sorting out, but approximately $25,000 worth of work has already been spent on this project. We’ll get it all up to date bookkeeping wise. Councilman MacDougal asked if this would affect our deadlines for the project. The Supervisor said that we are already a little bit behind. Dr. LaForest said that he did not have a hard copy of the minutes from the Water Informational Meeting.

1. Audit of the Records of 2011

Next on the Agenda was the necessary audit of the records of the Town Clerk, Zoning Officer and Justice for 2011. The Supervisor asked Councilman LaForest if he would help Claire (Councilwoman LaPine) audit the records. There was a discussion of who gets audited and who should do the auditing. It was agreed that Councilpersons LaPine and LaForest would handle the audits.

1. Grange Hall MOU Update

Supervisor Boisen said she had met with Ted and Andy and I know they were going to come tonight but asked to come to the April meeting so that they could have more time to work on it and I am happy to work with him on it to see what we have to do to update the Memorandum of Understanding between the Town and the Grange Hall. I emailed all of you on the cost involved with the Grange Hall. I did forget to add the insurance – we do pay insurance on the building – that might be another 1/10 of 1% on the taxes per $100,000. It is fairly insignificant. Ted knows that he needs to get his records to us on a regular basis and he will comply. There was a discussion of what was going on at the Grange and the costs to the Town in running it. Linda Carson asked about liability issues.

Councilman Wrisley joined the meeting at 7:27 p.m.

The Supervisor advised that Ted (Cornell) will be here in April to give a presentation so everybody will understand clearly what they are doing out there, what it costs to operate, and if they are renting it to people, they know they need insurance and I would presume that they have it, however, we don’t have any evidence of that and the Town needs to have that. Ted understands this and again, he will comply.

1. Surplus Update

Supervisor Boisen said that she looked at the website that Mark (Councilman Wrisley) sent, Auctions International. I’d be happy to pay Haroff Auctions 10% to do it all because I know I can’t do the photography and descriptions. Dr. LaForest said that we have always in the past just put the surplus items up for bid. There was a discussion about auctioning off the surplus through Haroff Auctions who will do all the work at no charge to us except that they will charge the buyer a 10% premium to cover their costs. Councilman Wrisley advised that the Town has a digital camera, however, no one knew where the camera might be. The Supervisor asked if we agree to contact Haroff and just let them deal with all of it.

Resolution 52 – 2012

Resolution to Contract with Haroff Auctions to Sell the Highway Surplus

On a motion to contract with Haroff Auctions to sell the surplus highway equipment made by Councilman MacDougal and seconded by Councilman Wrisley the Resolution is

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

Whereas, by unanimous vote of the Town Board of the Town of Essex, NY, the Resolution to contract with Haroff Auctions to sell the highway surplus is approved.

New Business

1. Old Landfill Monitoring Update: The Supervisor said we have good news on the monitoring of the landfill that we have less monitoring because we are doing so well and saving a couple of thousand dollars a year, which is nice. I just need authorization to sign the two contracts.

Resolution 53 – 2012

Resolution Authorizing the Supervisor to Sign the Landfill Contracts as Submitted

On a motion by Councilman MacDougal and seconded by Councilman LaForest the Resolution is ADOPTED Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisent No-0

Resolved that by unanimous approval the Supervisor is granted the authority to sign the two Landfill contracts as submitted.

1. Ann Holland Pro-bono: We had an agreement with the Zoning Revision Committee for the revision of the Zoning Law with Ann Ruzow Holland doing the SEQR. There was a discussion on Mrs. Holland’s bill, which was already close to the amount agreed to pay her with her still having more work to do. The Supervisor said that she did not feel good about someone doing a lot of work and not getting paid for it. There was a further discussion of the bill. The Supervisor advised that she, Mrs. Holland, has generously donated over 150% at this point over what she actually charged us and she’s not finished yet.
2. Repairs to the Town Hall Update: The Supervisor advised that we have approval to go out to bid for the job but Lauren Murphy was kind enough to put together a cost estimate for me and suggested we go out to bid for the repair work separately and then for the painting. I wanted you to see what roughly Lauren thought it might cost. Lauren and I will write up the two RFP’s and get some bids and hopefully get that done in the spring to repair this poor building. That amount was about $16,000 and that is Lauren’s educated opinion. So sometime soon Lauren and I can get that done. Thank you Lauren.
3. Letter from CFES requesting purchase of Old Stone Church: The Supervisor told the Board that they all have a copy of the letter from CFES requesting to purchase the stone church building on Church Street. Councilwoman LaPine said that we need tons more information. She further said that I don’t think we can look at this letter and say ok we will sell it to you. First we have to look at the appraisal, it’s in the Historic District,. Lauren Murphy said it is a surplus property. The Supervisor described that the process is that you need to decide whether the Town Board deems that property useful. If we do, then there is no further discussion. If we deem the property is not needed for Town use, that is the first step. I wouldn’t ever think we would just sell property to anyone who wants to buy it. If we deemed it not needed for Town use, I would think we would go and obtain sealed bids after you have an appraisal done. Councilman MacDougal concurred saying we can’t give only one person the option to buy it. Councilman LaForest said he would like more time to think this through but that the Supervisor had touched on the main point which is does the Town really want to sell it. Is it important to us to keep it within our control or do we want to lease it to people like up in Whallonsburgh. That may be an alternative to actually selling it. We need more time to talk to other folks and among ourselves about this. I would personally like to see it come up for a referendum and let the whole town decide. I am not comfortable with just a straight sale. There was a discussion of the possibility of selling the property. Sally Johnson said an auction of the property would be the best solution. Supervisor Boisen queried each Council Member on how they felt about selling the property irregardless of the existing letter. She further advised the Board that she spoke with CFES and they are not interested in leasing the building at all. I understand that the first step is whether the Town deems this property useful. Lauren Murphy said there have been many grants on the building and they would have to be checked to make sure there are no easements attached to the grants so that we can know what we are responsible for. Myrna Mandeville asked how many seniors use the building. The Supervisor responded that sometimes the Town has only one because some have passed away recently. Dr. LaForest responded there are about 20 total – most come from Willsboro. Mrs. Mandeville than asked how often they use the center. The Supervisor responded that they use it every day. She further added that the cost to the Town annually is approximately $20,000. Olive Alexander asked if in the tax code, isn’t there an option of requesting payment in lieu of tax for a non-profit? There was a discussion of getting this on or off the tax rolls, who owned what and whether CFES was a tax exempt organization. Supervisor Boisen asked if anyone was willing to make a motion to deem the property no longer needed for Town use. We could start with that, she advised – it would not commit the Town to any decision for leasing or keeping. Sally Johnson asked if you could sell it and give the Seniors two years to move out? Supervisor Boisen responded in the negative saying the buyers are not willing to wait and further she was not certain if there were any time limits associated with such action as deeming the property not of use to the Town. Myrna Mandeville said first you would have to discuss what everything is worth before you made any kind of decision. The Supervisor said that we cannot sell it for any less than the appraisal, that’s the law. It was agreed that Supervisor Boisen would let CFES know that the Town Board would like more time to consider this and that they will be discussing it further at the April meeting.
4. Resolution to Protect Residents Against the Danger Posed by Rabies: Supervisor Boisen said that she and Scott Hayes, the Animal Control Officer, met with Kathy Daggett of Essex County Public Health, and she recommended this resolution to protect the Town from liability with regard to the rampant rabies epidemic. Councilwoman LaPine said that this appeared to be an ordinance not a resolution. There was a discussion of rabid animals and what kind of animals needed to be vaccinated. Further, the

Supervisor advised that this resolution releases the Town from liability and asked if someone would move the resolution. Myrna Mandeville said that the Town should start with the strays as they are the ones most likely not to be vaccinated. Dianne Lansing asked what the Town would do to protect its residents against rabies. The Supervisor said she will give Mrs. Lansing a copy of the resolution. There was a discussion of strays and what the impact of the resolution would be. Councilman Wrisley said that while it would protect the Town, it would be difficult to enforce. Dr. LaForest brought a motion accepting the resolution, however, lacking a second, Supervisor Boisen advised that the resolution be tabled. On that advice Dr. LaForest withdrew his motion. Supervisor Boisen said that she can have Kathy Daggett come and do a presentation on the proposed

Department of Health Resolution. The Resolution is tabled.

1. Consideration of Champlain Paddlers Club Site Use Contract: Councilwoman LaPine asked if this was the same contract as last year. Supervisor Boisen answered in the affirmative. They come in and use Beggs Park on their excursions. Councilman Wrisley questioned who was going to keep an eye on things down there. Councilwoman LaPine added that if we don’t like the way things look after they have been there, we cancel the contract. There was a discussion of the supervision of the club as the Town no longer has a dockmaster. Councilwoman LaPine asked if we pay $45 to join their organization. Supervisor Boisen replied, yes.

Resolution 54 – 2012

Resolution Authorizing the Supervisor to sign the Champlain Paddlers Site Use Contract

On a motion by Councilman MacDougal authorizing the Supervisor to sign the contract with Champlain Paddlers and seconded by Councilwoman LaPine the Resolution is ADOPTED: Yes-4 LaPine, MacDougal, Wrisley, Boisen No-1 LaForest

Resolved that by a majority vote of the Essex Town Board, Supervisor Boisen is authorized to the sign the contract with the Champlain Paddlers Club.

1. Consideration of Town Dock bids: Supervisor Boisen advised that the bids were opened at the Bid Opening Meeting earlier this afternoon.

The Dock Doctors bid was to remove what is already there and put in a floating dock system at a cost of $59,845.00, with an option of a wave wall of $18,750. They were the highest bid.

The Supervisor continued that we also have a bid from Jonathan Pribble for a total of $16,089.60 and that was to repair the dock, stair area, the wall separating the the beach from the lake should be removed and not replaced, removal of timbers, top two concrete stairs should be removed and repoured.

The third bid was from DE Siteworks Plus for a total of $8650.00 and that is to remove approximately two top courses of existing 8×8 timbers, install new 8×8 hemlock timbers, drill and pin top course to existing concrete wall, remove and replace existing timbers on each side of the of the concrete tab at the entrance, and clean up and remove all debris associated with the project.

There was a discussion of the Town Dock at Beggs Point, it s viability, use and whether or not we need a town dock. Supervisor Boisen said that we have only one bid that fits our budget. She further advised that the Board does have the option of throwing out all bids. Dale’s bid is the lowest cost. Jonathan’s goes further than that. The Supervisor asked that the Town Board take a look at this so that they were more knowledgeable. Jonathan Pribble described how he would do the project. He dove the site and said that the deeper you go, the better the dock looks because of the cold water preserving the submerged timbers and felt that removing the top two courses would solve the immediate safety issue with the dock. Myrna Mandeville asked if the dock was used to tie up boats overnight. The Supervisor answered, no, there is no overnight mooring.

Councilman Wrisley suggested a site visit so the Board would have a better understanding of the work that needs to be done. The Supervisor asked if they wanted to schedule with each contractor. Councilwoman LaPine said not Dock Doctors for $59,000. Councilman LaForest asked if we even need a town dock. Supervisor Boisen said that on a verbal quote, the cost to remove the dock was $40,000.00. There was further discussion of the repair of the Town Dock, including timber locks and how the timbers would be fastened. Dr. LaForest said we should look at the two approaches and signify which fits us better and perhaps go out to re-bid if necessary. Wayne Gryk asked about the cleats on the dock and explained that they are gone as is the ladder once there that has been washed away. Supervisor Boisen said that she will have to look into the liability of having cleats and a ladder, questioning how boats will tie up with no cleats.

Discussion of Bills

Councilman LaForest asked how much money was in the Wright’s Inn account. The Supervisor responded that it is $30,649.00. Unrelated, Dr. LaForest asked about water testing as he wanted to check e-coli in his well. Tina Gardner advised that Endyne the company that tests the water is in Plattsburgh on the old AF Base.

The Supervisor asked if there were any questions regarding the bills. Councilwoman LaPine said that she thought it was strange that the dog catcher has business cards. Supervisor Boisen said that he gives them out to people who have problems. The Supervisor asked the Board for a motion to accept the bills.

Resolution 55 – 2012

Resolution Accepting the Bills on Abstract 2012-3

On a motion by Councilman LaForest with a second from Councilman Wrisley the resolution to Aceept the Bills as presented for approval on Abstract 2012-3 is ADOPTED: Yes-5 LaPine, LaForest, MacDougal, Wrisley, Boisen No-0

Resolved that the bills as presented on Abstract 2012-3 are approved and accepted for payment by the Supervisor.

Financial Reports

1. The Town Clerk Report: Councilwoman LaPine asked where we with the taxes. The Town Clerk replied that the Town Warrant was paid in full and we were still paying on the County portion. Mrs. LaPine asked approximately how much more we owed the county. The Town Clerk replied that it was approximately $350,000.00 still owed on the County Warrant. There was a discussion of where Jerry (Spooner) was working and what he was building. Supervisor Boisen asked the Board about requiring notarization of the Town Clerks report as it is not a requirement of law. Further, she asked if there was a motion to accept the Town Clerks report.

Resolution 56 – 2012

Resolution to Accept the Town Clerks Report

On a motion by Councilman LaForest and seconded by Councilman MacDougal the Town Clerks report for February is approved and accepted and resolution is ADOPTED:

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

1. Water and Sewer Rents Report: The Supervisor advised that we will have water and sewer bills going out again soon. Dianne Lansing, Town Assessor, asked about the billing methodology within the Water and Sewer districts and if there are delinquencies how that is addressed. The Supervisor said that there was some complications last year with the water billing software, but we are working on getting that straightened out.

Resolution 57 -2012

Resolution to Accept the Water and Sewer Rents Report

On a motion by Councilman LaForest to accept the Water and Sewer Rents Report, seconded by Councilwoman LaPine, the Resolution is ADOPTED:

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

Resolved that the Water and Sewer Rents Report is accepted as presented by the Town Clerk.

1. The Supervisor’s Report: The Supervisor related that as she was saying to Claire, the January report formulas were off, but you have a highlighted version of what is different with actually the correct totals, it has been corrected. She asked the Board for a motion to accept the January’s Supervisor’s Report as corrected. Councilwoman LaPine questioned the December report.

Resolution 58 – 2012

Resolution to Accept the Supervisor’s Report

On a motion by Councilman MacDougal and seconded by Councilman Wrisley the resolution to accept the corrected January Supervisor’s Report is ADOPTED: Yes-4 LaForest, MacDougal, Wrisley, Boisen No-0 Abstain-1 LaPine

Resolution 59 – 2012

Resolution to Accept the Supervisor’s Report

On a motion to accept the Supervisor’s February Report as presented by Councilman MacDougal and seconded by Councilman LaForest, the resolution to accept the Supervisor’s Report is ADOPTED: Yes-4 LaForest, MacDougal, Wrisley, Boisen No-0 Abstain-1 LaPine

Resolved that by a majority roll call vote as stated above the Supervisor’s Report for February is duly approved and accepted with Councilwoman LaPine abstaining from the votes.

Supervisor Boisen asked Tina Gardner the status of the repair to her truck. Mrs. Gardner, the Sewer Operator, described the situation with the truck.

There was a discussion of the vacancies of the various Boards and whether we had any applications or persons willing to fill the vacancies. Supervisor Boisen advised that we have advertised these jobs several times, the training is in April and we haven’t gotten any responses and if the Board had any suggestions of whom they might recruit. There was further discussion of training of the boards

Supervisor Boisen asked if there was anything further to come before the Board.

Councilman Wrisley asked if the Board would be going into Executive Session as he would appreciate an update.

On a motion to enter into Executive Session to discuss a personnel matter, and seconded by Councilwoman LaPine, the Board entered into Executive Session at 9:15 by unanimous vote.

The Board re-entered the regular meeting at 10:21 p.m. with no action taken in Executive Session.

Resolution 60 – 2012

Resolution to Advertise for the Code Enforcement Officer Position

On a motion by Councilman Wrisley to advertise again for the Code Enforcement position and seconded by Councilman LaForest the Resolution is

ADOPTED Yes – 5 LaPine, LaForest, MacDougal, Wrisley, Boisen No – 0

Resolved that the Essex Town Board has agreed to advertise in the newspapers for the Code Enforcement Officers’ position.

With nothing further to come before the Town Board of Essex, NY, Supervisor Boisen adjourned the regular meeting at 10:23 p.m.

Catherine DeWolff, Town Clerk