Town of Essex New York

Unofficial

Informal Summary of the Town Board Meeting June 12, 2014

Edward Gardner, Supervisor

William Morgan, Town Clerk

Councilmen: Claire LaPine, Bryan Garvey, Harold MacDougal, Mark Wrisley

(All Board Members were Present)

May Meeting Minutes were summarized aloud by the town clerk and approved to accept with an amendment. Copy has not been made available to the public.

Proposed Resolution to Allow Alcohol Consumption at the Whallonsburgh Grange Hall: Tabled, Special Meeting to be held June 26 at 6 PM. Lengthy discussion included comments by Andy Buchanan, Whallonsburg Civic Association, transpired.
Resolution Adopted to provide public health and safety to the public by deeming all town property tobacco, alcohol and illegal substance free. Discussion led to inserting a clause to exclude the Grange Hall from this health and safety regulation.

Resolution to Amend Individual Water/Sewer Rates: Discussed and Tabled Pending a Special Water Committee Meeting. No date set for this Meeting.

Resolution to allow highway superintendent to pave roads from budgeted funds which will be reimbursed by the state after work is complete. Resolution Passed.

Resolution to sign lease agreement with Kathleen and Elizabeth Sharp for property for a well water site. Lease offered would be $3000 annually for 99 years. This is subject to permissive referendum and will be signed 30 days from date of this meeting. All of the posting required by a permissive referendum will be done by the town clerk. Attached following is an overview of what a permissive referendum entails.

Resolution to sign agreement with Bill Kissell to work on the water capital project in the amount of $275/hr. plus expenses. Resolution Passed.

Request for Support of C.E.V.E. Signage for Brochures: Emily Phillips requested support from the town board for a brochure kiosk on town property near the sidewalk behind the town hall. Support granted and a letter will be provided.

Motion to Accept: Supervisor Report, Town Clerk Report, Zoning Officer Report all accepted by Resolutions. No supporting documents or discussion were provided for the public

Motion to approve Bills, Councilwoman LaPine questioned the town clerk why they have a bill for green dump tickets, stating we do not use green currently. The town clerk explained that he didn’t see the benefit of having different colors for the town of Essex and the town or Willsboro. Mrs. LaPine stated she was not happy with this and attempted to have the town clerk provide a satisfactory explanation. Resolution passed to pay bills as presented. However, it was not clear, and no resolution was offered to change the transfer site tickets.

Motion to enter into executive session….resident Jane Terlouw questioned why was executive session on the agenda before public comment. Most of the public leaves when they go into executive session. The board allowed Mrs. Terlouw to speak, timing of public comment was her concern, feeling the public is being “shut out”. Subsequently Sharon Boisen asked if she too could ask a few quick questions. Mrs. Boisen was allowed the floor. The first question asked if public comments were made part of the official meeting minutes. The town clerk stated that they would not be if she spoke for 45 minutes. Mrs. Boisen advised the town clerk that there is a 3 minute time limit and she wants her comments on the record from now on. Mrs. Boisen then advised the board that they indeed are billing more than 91 properties for sewer. In two different meetings she has heard this same number and it is not correct. Tina Gardner, town sewer operator, stated that they were billing 92 single family users for sewer. Mrs. Boisen advised the board that they have multi family, large and small businesses, and nonprofits to add to the 92 figure resulting in the actual total of all being billed.

The board went into executive session and no further recording was made.

A recording for this meeting was made and available upon request. The meeting was approximately 2 hours in length.

Attachment: Permissive Referendum

Whenever this chapter shall expressly provide that an act or resolution of the town board is subject to a permissive referendum, such act or resolution shall be subject to a referendum on petition as set forth in the next section, unless a proposition therefor shall have been adopted at a town election. Within ten days after the adoption by the town board of any resolution which is subject to a permissive referendum as above defined, the town clerk, in the same manner as provided for notice of a special election, shall post and publish a notice which shall set forth the date of the adoption of the resolution and contain an abstract of such act or resolution concisely stating the purpose and effect thereof. The notice shall specify that such resolution was adopted subject to a permissive referendum. – See more at: http://codes.lp.findlaw.com/nycode/TWN/7/90#sthash.NMwiyz2C.dpuf

Any such resolution or act of the town board as set forth in the preceding section shall not take effect until thirty days after its adoption; nor until approved by the affirmative vote of a majority of the qualified electors of such town or district affected, voting on such proposition, if within thirty days after its adoption there be filed with the town clerk a petition signed, and acknowledged or proved, or authenticated by electors of the town qualified to vote upon a proposition to raise and expend money, in number equal to at least five per centum of the total vote cast for governor in said town at the last general election held for the election of state officers, but which shall not be less than one hundred in a town of the first class nor less than twenty-five in a town of the second class, protesting against such act or resolution and requesting that it be submitted to the qualified electors of the town or district affected, for their approval or disapproval. If such petition be so filed not more than seventy-five days nor less than sixty days prior to a biennial town election, a proposition for the approval of such act or resolution shall be submitted at such biennial town election. If a petition be so filed at any other time, a proposition for the approval of such act or resolution shall be submitted at a special town election to be held not less than sixty nor more than seventy-five days after the filing of such petition. The petition may be made upon separate sheets and the signatures to each sheet shall be authenticated in the manner provided by the election law for the authentication of nominating petitions. The several sheets so signed and authenticated when fastened together and offered for filing shall be deemed to constitute one petition. If, within five days after the filing of such petition, a written objection thereto be filed with the town clerk, and a verified petition setting forth the objections be presented by the person so filing such objections to the supreme court or any justice thereof of the judicial district in which such town is located, such court or justice within twenty days shall determine any question arising thereunder and make such order as justice may require. Such proceeding shall be heard and determined in the manner prescribed by section 16-116 of the election law. – See more at: http://codes.lp.findlaw.com/nycode/TWN/7/91#sthash.cZNn1eig.dpuf.dpuf

A proposition for the submission of any such act or resolution of the town board to the approval of the qualified electors pursuant to this chapter, shall contain an abstract of such act or resolution concisely stating the purpose and effect thereof. The town clerk shall prepare such abstract with the advice of the town attorney, if there be one, and forthwith transmit the proposition to the town board in the form in which it is to be submitted at such annual or special election in accord with the provisions of this chapter. If there be more than one such proposition to be voted upon at such election, each proposition shall be separately and consecutively numbered. Each proposition for raising, appropriating or expending money or incurring any liability which shall be a charge wholly against a district or a portion of the town shall be submitted upon a separate ballot. – See more at: http://codes.lp.findlaw.com/nycode/TWN/7/92#sthash.vkePJ6DX.dpuf

The town board, upon its own motion, may cause to be submitted for the approval of the electors any act or resolution of such board against which a petition could be filed as provided in this chapter and the proceedings thereon shall be the same as if such petition had been filed in accord with the provisions of this chapter. – See more at: http://codes.lp.findlaw.com/nycode/TWN/7/94#sthash.Kdcl2mlE.dpuf