ESSEX TOWN BOARD
REGULAR MEETING
SEPTEMBER 20, 2012
7:00 p.m.
Call to Order
The meeting was called to order at 7:00 p.m. by Supervisor Sharon Boisen who led the attendees in the Pledge of Allegiance.
Roll Call Attendance
Present: Councilwoman Claire LaPine
Councilman Harold MacDougal
Councilman James LaForest
Councilman Mark Wrisley
Supervisor Sharon Boisen
Also present: Catherine DeWolff, Town Clerk, Donna Haynes, Deputy Town Clerk, and Lauren Murphy, Code Enforcement Officer
Guests: Ted Cornell, Rita Fitzgerald, Mary Nell Bockman, Margie Reuther, Andy Buchanan, Jane TerLouw, Bonnie Monoski, Paul Gray, Helene Gray, Audrey Hoskins, Liz Rapalee, Laurie Davis, Kathy Scott, Norma Goff
Mary Anne Schultz, Tina Gardner, Denise Wilson-Davis, Susie Trzaskos, Jan Fortune, Gary Heurich
Moment of Silence
Introduction of Guests
Andy Buchanan of the Whallonsburg Grange Hall / Whallonsburg Civic Association:
Andy Buchanan addressed the Board and Guests. He advised that in the article in Adirondack Life that listed the monies raised for the victims of Hurricane Irene, the Grange Hall was second on the list. If the commercial kitchen was in place at that time, the response could have been even better he added. Mr. Buchanan elaborated on the commercial kitchen at the Grange Hall and its’ benefit to the community especially in creating jobs. He gave an over view in general of the things going on at the Grange and discussed the Memorandum of Understanding Agreement with the Town of Essex.
Ted Cornell submitted a profit and loss statement of the Grange Hall to the Board for their perusal stating that they were changing the format to match the calendar year.
The Supervisor stated the possibility of the Senior Center meeting at the Grange and suggested that the election night for both districts could be held there. Regarding the kitchen, she further stated, it allows young people to begin a business in the area allowing them to live in town. In the past we agreed to revisit the Memorandum of Understanding in the spring. Supervisor Boisen requested that the board take the next few months to decide what direction they want the Town to go in and see that the Grange supports that goal.
Mary Anne Schultz spoke in favor of the Grange and requested that the Memorandum of Understanding be reviewed by a lawyer to clarify the actual uses allowed on town owned properties.
Councilman LaForest stated they did have the legal counsel from the NYS Granges look at it and he didn’t give us any negative input on it. The only condition is that they don’t want the product being made there sold at the Grange. We kept it in the present form so that they could due non-profit activities. We went over it very carefully. It was based on what other Granges do.
Mary Nell Bockman: One of the things we want the town to decide is the rent question, and is this a benefit to the town?
Andy Buchanan stated that they recognize that the Grange is a very different place from when the MOU was drawn up. There are some substantial issues that need to be addressed.
Councilwoman LaPine stated her concern is that the Grange is vastly different than when the MOU was written. We need to sit down as a group and decide if this still applies today or does it not.
Ted Cornell: A good place to start is to have those bills. We have never seen any of those utility bills.
Supervisor Boisen: We will get you the bills and form a committee.
Supervisor Boisen: Without any further questions regarding the commercial kitchen, I will appoint a committee. We will send the bills every month so that you will have them.
Resolution 137 of 2012
Resolution Approving the Minutes of June 14 and June 21, 2012
On a motion by Councilman LaForest seconded by Councilman MacDougal to accept the minutes of June 14th and June 21st of 2012 as corrected, the resolution is ADOPTED: Yes-5 No-0
Resolution 138 of 2012
Resolution Approving the Minutes of July 19, 2012
On a motion by Councilman LaForest to approve the minutes of July 19, 2012, as originally prepared, seconded by Councilwoman LaPine, the resolution is ADOPTED: Yes-4 LaPine, MacDougal, LaForest, Wrisley Abstain-1 Boisen
Resolution 139 of 2012
Resolution Approving the Minutes of the August 9, 2012 Test Well Bid Opening Meeting
On a motion by Councilman LaForest seconded by Councilwoman LaPine to approve the minutes, however, adding œTest Well Proposal to the Title and that Layne Christensen met the bid specs and Ormsby did not meet the bid specs, the resolution is ADOPTED: Yes-3 LaPine, MacDougal, LaForest
Abstain-2 Wrisley, Boisen
Resolution 140 of 2012
Resolution Accepting the Minutes of August 8, 2012 Special Meeting on Alcohol on Town Property
On a motion by Councilman MacDougal to accept the minutes of the Special Meeting of August 8, 2012 as written, seconded by Councilwoman LaPine, the resolution is ADOPTED: Yes-3 LaPine, MacDougal, LaForest
Abstain-2 Wrisley, Boisen
Resolution 141 of 2012
Resolution Accepting the Minutes of the August 23, 2012, Public Hearing on the Proposed Zoning Law Revision with attachments
On a motion by Councilman MacDougal to accept the minutes of the Public Hearing of the proposed zoning law revision including the Shirley letter as an attachment, seconded by Councilwoman LaPine, the resolution is ADOPTED: Yes-5 No-0
Resolution 142 of 2012
Resolution Accepting the Minutes of August 23, 2012, Special Bill Paying Meeting
On a motion to accept the minutes of August 23, 2012, Special Bill Paying meeting as written by Councilman MacDougal, seconded by Councilman LaForest, the resolution is ADOPTED: Yes-4 No-1 Boisen
Approval of the Bills
Resolution 143 of 2012
Resolution Accepting the Bills on Abstract 2012-9
On a motion by Councilman Wrisley, seconded by Councilman MacDougal accepting the bills as presented, the resolution is ADOPTED: Yes-5 No-0
Fund Prepaid Unpaid
General $1,651.67 $11,148.21
Highway $0 $12,308.83
Water $0 $ 1,707.41
Essex Lights $0 $ 315.10
Whallonsburg Lts $0 $ 155.07
Sewer Operating $0 $ 3,418.17
Sewer Capital $0 $88,077.95
Ground Water Cap $0 $ 5,372.25
T&A $ 500.80 $0
Wrights Inn Cap $5,466.00 $ 26.72
Resolution 144 of 2012
Resolution Accepting the Zoning Officer’s Reports
On a motion to accept the reports of the Zoning Officer for the following periods: 6/18/12 to 7/19/12, 7/20/12 to 8/23/12 and 8/24/12 to 9/19/12 by Councilman Wrisley, seconded by Councilman MacDougal, the resolution is ADOPTED: Yes-5 No-0
Supervisor’s County Report
Supervisor Boisen: As of September 17th sales tax is up half a million dollars from last year.
Additionally, we need to be aware that the STAR exemption for property owners affected by Irene needs to be taken off their taxes. There are 60+- persons applying for the FEMA buyout “ that is a concern.
Mary Anne Schultz: Do we know what caused the impact of the ½ million on sales tax?
Supervisor Boisen: Tourism is up and they are spending money.
Norma Goff: Do they have a record by town?
Supervisor Boisen: Yes, they do.
Mary Anne Schultz asked the Supervisor if she would get a copy of the record for comparison purposes.
Old Business
- a)Resolution to waive water and sewer rent to Hickory Hill Essex, LLC, parcel #40.3-3-13.110 in appreciation of their generous contribution to the town for water and sewer infrastructures is so moved by Councilman MacDougal. There was much discussion of what a fair compensation might be and for how long and to whom.
Councilman MacDougal withdraws his motion on Hickory Hill until more specifics are known.
Resolution 145 of 2012
Resolution Considering Tina Gardner for the Appointment as Assistant Water Operator
On a motion by Councilman MacDougal, seconded by Councilwoman LaPine, resolution to consider Tina Gardner as the assistant Water Operator is ADOPTED: Yes-5 LaPine, MacDougal, LaForest, Wrisley, Boisen No-0
Resolution 146 of 2012
Resolution Accepting the Resignation of Catherine DeWolff as the Water Rents Clerk
On a motion by Councilman LaForest to accept the resignation of Catherine DeWolff as the Water Rents Clerk with regret, seconded by Councilman MacDougal, the resolution is ADOPTED: Yes-5 LaPine, MacDougal, LaForest, Wrisley, Boisen No-0
Resolution 147 of 2012
Resolution Appointing Donna Haynes as the Water and Sewer Rents Clerk for the remainder of the year
On a motion by Councilman Laforest, seconded by Councilman MacDougal to appoint Donna Haynes as the Water and Sewer Rents Clerk for the remainder of the 2012 year, said resolution is ADOPTED: Yes-5 LaPine, MacDougal, LaForest, Wrisley, Boisen No-0
Resolution 148 of 2012
Resolution Recognizing October as Bullying Awareness Month
On a motion by Councilwoman LaPine, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes-5 LaPine, MacDougal, LaForest, Wrisley, Boisen No-0
Resolution 149 of 2012
Resolution Adopting the Comprehensive Emergency Management Plan as Amended
On a motion by Councilwoman LaPine, seconded by Councilman Wrisley, the resolution adopting the Comprehensive Management Plan as Amended is ADOPTED: : Yes-5 LaPine, MacDougal, LaForest, Wrisley, Boisen No-0
Resolved that the Essex Town Board adopts the Comprehensive Emergency Management Plan as Amended by unanimous roll call vote.
Resolution 150 of 2012
Resolution to Amend Abstract 2012-7
On a motion by Councilman MacDougal to combine all of the changes to Abstract 2012-7, seconded by Councilman Wrisley, the resolution is ADOPTED: Yes-5 LaPine, MacDougal, LaForest, Wrisley, Boisen No-0
Resolved that the Essex Town Board has agreed to the following changes on Abstract 2012-7:
Voucher #349 is voided and replaced with #388 to AES for $2,424; Voucher #350 is voided and replaced with #389 to AES for $893.64; Voucher #366 is voided and replaced with #390 to Hiscock & Barclay for $175.
Resolution 151 of 2012
Resolution to Pay the Registrar of Vital Statistics
On a motion by Councilman LaForest, seconded by Councilman MacDougal to reimburse the fees collected by the Registrar back to the Registrar as required under Public Health Law, the resolution is ADOPTED: Yes-3 LaPine, LaForest, MacDougal No-2 Wrisley, Boisen
Resolution 152 of 2012
Resolution That the Town Clerk Be the Town Notary Public
On a motion by Councilman LaForest that the Town Clerk be the Town Notary Public at no cost to the town, however the town will reimburse the notarial costs of the seal and supplies of the clerk, seconded by Councilman MacDougal, the resolution is ADOPTED: Yes-5 No-0
Resolution 153 of 2012
Resolution of the Minutes
On a motion by Councilman MacDougal, seconded by Councilwoman LaPine, the resolution is ADOPTED: Yes-5
No-0
Resolved that the Town Board of Essex expects a reasonable, fair, consistent, and accurate record of all Town of Essex public body meetings;
Therefore, as supported by SS106 of Open Meetings Law, Town Law SS30, subdivision 1, Article 4-SS63 of the Town Law, the Essex Town Board hereby requests of the Town Clerk that the minutes of all public bodies of the Town of Essex clearly state the meeting title, date, and time; includes attendees; and reco4rds an accurate account of all pr9oposals, resolutions, actions taken, and any other matter formally voted on of each member, and nothing more.
Resolution 154 of 2012
Resolution to Pay the Town Clerk
On a motion by Councilman LaForest, seconded by Councilwoman LaPine, to pay the Town Clerk the money held in abridgement and reimburse her the $500 she has paid her deputy to help her before the week is out, the resolution is ADOPTED: Yes-4 LaPine, MacDougal, LaForest, Wrisley
No-1 Boisen
Resolution 155 of 2012
Resolution Accepting the Water and Sewer Rents Report of the Town Clerk
On a motion by Councilwoman LaPine, seconded by Councilman MacDougal, the resolution is ADOPTED: Yes-5 No-0
Resolution 156 of 2012
Resolution to Accept the Report of the Supervisor
On a motion by Councilman LaForest, seconded by Councilman Wrisley accepting the Supervisors Report, the resolution is ADOPTED: Yes-5 No-0
The Supervisor asked if there was anything further to come before the Board.
On a motion to enter into Executive Session to discuss the litigation of the Sandy Lewis lawsuit by Councilwoman LaPine, seconded by Councilman MacDougal, the motion is adopted by unanimous vote to enter at 10:20 p.m.
On a motion by Councilwoman LaPine, seconded by Councilman MacDougal to exit Executive Session and re-enter the regular meeting at 10:40 p.m.by motion is adopted by unanimous vote with no action taken.
With nothing further to come before the Board, the Supervisor adjourned the meeting at 10:42 p.m.
Catherine DeWolff, Town Clerk
Edited by Sharon Boisen, Supervisor
