Minutes, News and Notes from the February 9th, 2006 Town Board Meeting:

you may also get full, approved copies of the minutes by visiting the Town Hall


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Proof of Notice having been furnished; the Public Hearing on the Local Law #1, providing for the use of alternative members on the Planning Board was called to order at 6:15 PM in the Town Hall by Supervisor Jackson.

Supervisor Jackson, Councilwoman LaPine, Councilman Wrisley, Councilman Sayward and Councilman LaForest represented the Town Board.
Others present were Joe Hanna, Meredith Hanna, Michele Cassidy, Joan Stephan, Sally Johnson and John Bingham and Kate List, Town Clerk.

Supervisor Jackson explained the objective of the Public Hearing was to allow for an alternate member to be appointed by the Town Board, for a term of one year, to serve on the Planning Board when the absence of a regular member requires it.  In response to query posed by Joan Stephan, Supervisor Jackson said the Alternate would be expected to attend those pertinent meetings that would provide sufficient knowledge to vote on an issue, or be obliged to abstain.

All persons desiring to be heard, having been heard, the Hearing was terminated at 6:30 P.M.

Proof of Notice having been furnished, the Supervisor called The Public Hearing, on the purchase and use of the Whallonsburg Grange, to order at 6:30 P.M.

The Town Board was still present in its entirety.
The public consisted of the above mentioned names along with Jim VanHoven, Colleen VanHoven, Karen Brinckmann, Arlene J. Mason, Richard Brinckmann, Tony Leerkes, Norma Goff, Todd Goff, Diane Lansing, Liz Wilson, Bruce Stephan, Barbara Kunzi, Marshall Crowningshield, Fred Watrous, Lois Sayward and Suzanne Perley.

The Supervisor explained the purpose of the hearing was to allow citizens to consider the potential benefits or to voice objections to the purchase of the Whallonsburg Grange.

The Floor was opened to Public Comment, which prompted dialog.
Considerations included future use of the building by seniors, ACAP, Headstart, Theater Groups, and Town elections, celebrations and productions.  Limitations included the lack of adequate sewer, crack in the cistern with subsequent need to drill a well, health code issues if food is served, completion of the handicap ramp, poor insulation, insurance cost and safety.  Grange member Arlene said that, although the State Grange had given the go ahead, all local members (35) need to vote their approval and would be doing so March 1st at Reber Church.  In addition, the State Headquarters said there should be stipulated in resolution the continued use of the building by the local Grange for its meetings.

All persons desiring to be heard, having been heard, the Hearing was terminated at 7:15 PM.

Regular Monthly Meeting of the Town Board of the Town of Essex held February 9th, 2006 at the Town Hall commencing at 7:00 P.M.

Present: Supervisor Ron Jackson, Councilwoman Claire LaPine, Councilman Mark Wrisley, Councilman Steve Sayward, and Councilman Jim LaForest.

Also present : Joe Hanna, Meredith Hanna, Michele Cassidy, Joan Stephan, Sally Johnson Jim VanHoven, Colleen VanHoven, Karen Brinckmann, Arlene J. Mason, Richard Brinckmann, Tony Leerkes, Norma Goff, Todd Goff, Diane Lansing, Liz Wilson, Bruce Stephan, Barbara Kunzi, Marshall Crowningshield, Fred Watrous, Lois Sayward, Suzanne Perley, John Bingham and Kate List, Town Clerk.

The Supervisor called the meeting to order with the pledge to the flag. Afterwards, he asked for a moment of silence for Donald Hathaway, Jane Garvey and Coretta Scott King.

Motion was made by Councilman LaForest, seconded by Councilman Sayward that the Minutes of December 29, 2006, as submitted by previous Town Clerk Barbara Kunzi, be approved.

On roll call:  Ayes - 4 - Jackson, Sayward, Wrisley, LaForest with Councilwoman LaPine abstaining.  Minutes were accepted.
                          
Motion was made by Councilman LaForest, seconded by Councilwoman LaPine that the Minutes of January 12, 2006 as submitted by Town Clerk, Kate List, be approved.
On roll call - Ayes -5- Jackson, Sayward, Wrisley, LaForest, LaPine.   Minutes accepted.

ESSEX PLANNING BOARD MEETING REPORT of January 19, 2006

The following applications have been submitted:

John & Trish Walker/Jack Halpin Special Use Permit for Old Dock House.  The applicants are applying for a Special Use Permit for the Old Dock House.  The Walkers will operate the marina/restaurant serving lunch and dinner seven days a week from 11 a.m. to 10:30 p.m. The application was deemed complete with the public hearing scheduled for February 16, 2006.

Miriam Lane & David Martin/Robert Burley Special Use Permit: The applicants are applying for a Special Use Permit for a Café and Wine Store.  The applicants asked the Department of Health what would be needed in order to operate a seasonal restaurant at this location for 60 to 80 seats that would include both inside and outside dining. Based upon this seating number, an additional restroom is needed and more importantly the need to find out what the building has for an on-site septic system before they could issue a Food Service permits.  If there is a holding tank, they could issue a Food Service permit for the same seating capacity (26) that the previous operator had.

The second room will be used as a Wine and Liquor Store and will not open until 2007.

The Board suggested that Dave Lansing certify that the deck structure facing the Lake be certified safe.

The application was deemed complete with the public hearing scheduled for February 16, 2006 contingent upon receiving the necessary information regarding the septic system.

PLEASE NOTE:  THE APPLICANTS HAVE CHANGED TO OPERATING A GOURMET GROCERY STORE AND DELI AND WINE STORE.

Submitted by:  Loretta M. Surprenant, Secretary

ZONING OFFICER’S REPORT

On January 11, 2006 I made a fire safety inspection of Headstart facilities in Bouquet.

From January 11, 2006 to February 8, 2006 I issued the following permits:
1-27-06 to Emmett Coonrod – zoning permit for a garage
1-27-06 to Emmett Coonrod – building permit for a garage
1-27-06 to Frank Hain – zoning permit for a new house
1-27-06 to Frank Hain building permit for a new House

I also processed one Site Plan Review for Mark and Erin Hall for a front porch on their new home on Bull Run in the historic district.

I continue to make inspections of on-going projects.

Respectfully submitted,
David Lansing, Code Enforcement Officer

SUPERVISOR’S REPORT

The Horace Nye facility has been running a little over a $3 million a year loss.   If downsized to 80 beds the revenue loss would increase to almost $3.5 million a year.   Other types of services might bring revenue into the facility such as adult day care and assisted living where they need more care, but not at the level that is provided at Horace Nye. 
A facility in this area with a 40 bed dementia and 40 bed skilled units along with an assisted living facility run by an independent provider, there would be 98% occupancy, and yet cost less money. Cost would drop substantially as less would be spent on nursing for people that don’t need it. 
The Office of the Aging might benefit from moving into the new Nursing Home. Lewis

CORRESPONDENCE

• Alan Wardle wrote Supervisor Jackson continuing their interchange about the ramifications of the Kupperman Project.
• Water Test results were all good.  Zinc test will be performed when ordered meter arrives.
• Sara Hurlburt requests help to participate in a 20-day Project of Hope.  Tuition is $5,559.  
• The intersection of Tyrrell St. and Whallons Bay Road has been designated to have a stop sign for traffic control.
• Dale Ferris sent a letter regarding his certification and availability to act as a substitute Code Enforcement Officer, should it be necessitated by Mr. Lansing’s absence.

UNFINISHED BUSINESS

Essex Help for Heat Funds donated are over 15,000.00.  So far, one family has been a recipient.

Engineer Janet Null has provided Mrs. Perley an estimate on the work needed to bring the Stone Church to Code.  At $200,000.00, it prohibits matching the grant of $50,000.00 that Mrs. Perley successfully filed for. 
                           
LOCAL LAW # 1 of 2006

Local Law # 1 of 2006 Providing for the use of Alternate Members of the Planning Board and the Zoning Board of Appeals in the Town of Essex, New York.

Be it enacted by the Town of Essex as follows:
Section 1. Short Title and Applicability.

Alternate Planning Board and Zoning Board of Appeals Members Act. This Local Law shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board and Zoning Board of Appeals in the Town of Essex.

Section 2 Declaration of Policy.

It is sometimes difficult to maintain a quorum on the Planning Board and Zoning Board of Appeals, because members are ill, are on extended vacation or find they have a conflict of interest situation on a specific matter before such board. In such instances, official business cannot be conducted which may delay or impede adherence to required timeliness The use of alternate members in such instances is hereby authorized pursuant to the provisions of this Local Law.

Section 3. Definitions.

A. "Planning Board" means, the planning board of the Town of Essex as established by the Town by local law or ordinance, pursuant to the provisions of §271 of the Town Law.

B. "Zoning Board of Appeals" means, the zoning board of appeals of the Town of Essex as established by the Town Board by local law or ordinance, pursuant to the provisions of §267 of the Town Law.

C. "Member", means an individual appointed by the Town Board to serve on the Town Planning Board or the Town Zoning Board of Appeals pursuant to the provisions of the Local Law or Ordinance, which first established such Planning Board and Zoning Board of Appeals.

D. "Alternate Member," means an individual appointed by the Town Board to serve on the Planning Board or the Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective board, as provided herein.

Section 4. Authorization / Effect

A. The Town Board hereby enacts this Local Law to provide a process for appointing "alternate" members of the Planning Board and Zoning Board of Appeals. These individuals would serve when members are absent or unable to participate on an application or matter before the respective board.

B. Alternate members of the Planning Board and Zoning Board of Appeals shall be appointed by the Town Board for a term of one year. If more than one alternate member is appointed to the Planning Board or the Zoning Board of Appeals at any time, the alternate members shall be seated in the order that they were appointed by the Town Board.

C. The Chairperson of the Planning Board and Zoning Board of Appeals may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the respective Board in accordance with Section B above. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board and Zoning Board of Appeals meeting at which the substitution is made.

D. All provisions of state law relating to Planning Board and Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law and local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.

Section 5. Authority of Town Law.

This local law is hereby adopted pursuant to the provisions of:
(1) Section 271 of the Town Law relating to the appointment of members to Town Planning Boards; and/or
(2) Section 267 of the Town Law relating to the appointment of members to Town Zoning Boards of Appeals.

Section 6. Severability.

If any provisions of this Local Law are held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the Local Law shall remain in effect.

Section 7. Effective Date.

This Local Law shall take effect upon filing with the Secretary of State.

On a motion by Councilman LaForest seconded by Councilman Wrisley, Janice Moran is hereby appointed as member of the Board of Assessment Review, replacing Councilwoman LaPine.  On roll call, the motion passed.
Ayes - 5 - Jackson, Sayward, Wrisley, LaForest and Lapine

BRASS appointment advertisement in the Valley News received no interested parties, though Meredith Hanna spoke up that, as she presently serves on the Bouquet River Association Board, she would speak to Cordelia about representing Essex.  For the present, the appointment was tabled.

Fire Alarm Systems for the Town Hall and Town Shed were tabled, after the Board agreed it needed further study.

John and Patricia Walker formally announced application for a Liquor License for Dock House Restaurant in the Valley News.

Bicentennial Update was provided by Jim LaForest.  After expenses, the committee shows $3,303.09.   The last event will include “Adirondack Holidays” documentary combined with the ceremonial opening of the Whallonsburg Bridge, already in use.

Supervisor Jackson and Councilman LaForest conducted audits with Town Clerk Kunzi and Justice Kupperman, finding them up-to-date, balanced and signed.

NEW BUSINESS

Motion was made by Councilman Wrisley and seconded by Councilman Sayward for Permission to Sign the County Ice and Snow Contract. 
On roll call the motion passed. 
Ayes 5 - Jackson, Sayward, Wrisley, LaForest and Lapine.

 RESOLUTION # 3 of 2006

THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR JACKSON, WHO MOVED ITS ADOPTION.

WHEREAS, on February 24, 2006 Geraldine VanOrnam will celebrate her 100th Birthday, and

WHEREAS, Geraldine VanOrnam is the oldest living resident of the Town of Essex, and

WHEREAS, Geraldine VanOrnam was born in the Town of Essex, raised in the Town of Essex, attended the Octagon School in Boquet, graduated from Essex High School (with Golda Tucker in a class of two), and has lived in the Town of Essex all of her life, and

WHEREAS, Geraldine VanOrnam has a tremendous knowledge of the history of the Town of Essex, and

WHEREAS, the Town of Essex is proud and honored to call Geraldine VanOrnam a resident of our Town, therefore 

BE IT RESOLVED that the Town of Essex declares February 24, 2006 Geraldine VanOrnam day, and

BE IT FURTHER RESOLVED that the Town of Essex Town Board, and all of residents of the Town of Essex, wishes Geraldine VanOrnam a happy and joyous Birthday and the hope for 100 more Birthdays to follow.

THIS RESOLUTION WAS UNANIMOUSLY SECONDED AND WAS ADOPTED.

ON ROLL CALL: AYES 5 - Jackson, Sayward, Wrisley, LaForest and Lapine

On a Motion by Councilwoman LaPine, seconded by Councilman LaForest
Michelle McCray has permission to reserve Beggs Park for her wedding June 24th, 2006.  Moved on roll call: Ayes 5 - Jackson, Sayward, Wrisley, LaForest and Lapine.

On a Motion by Councilwoman LaPine, seconded by Councilman Sayward
Kate List is hereby appointed Record Management Officer, retroactive to January 1st, 2006.  Passed on unanimous roll call.
Ayes 5 - Jackson, Sayward, Wrisley, LaForest and Lapine
 
RESOLUTION # 2 OF 2006

THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN LAFOREST.

Whereas, the State of New York has amended Section 110 of the Agriculture and Markets Law, effective January 15, 2006, to allow the issuance of multiple year dog licenses for up to three (3) years; and

Whereas, the authority to issue multiple year licenses is at the option of the issuing municipality; and

Whereas, it will be in the best interests of the residents of the Town of Essex to be able to purchase dog licenses for multiple years, up to three (3) years.

NOW THEREFORE, in consideration of the foregoing, it is hereby

RESOLVED, that as of January 15, 2006, the Town of Essex is hereby authorized to issue multiple year dog licenses for up to three (3) years on such terms and conditions as are set forth in Section 110 of the Agriculture and Markets Law of the State of New York, effective January 15, 2006.

THIS RESOLUTION WAS DULY SECONDED BY COUNCILWOMEN LAPINE AND WAS ADOPTED UPON A ROLL CALL VOTE
Ayes 5 - Jackson, Sayward, Wrisley, LaForest and Lapine

RESOLUTION # 1 of 2006

RESOLUTION INTRODUCING PROPOSED LOCAL LAW #2
OF 2006 PROVIDING FOR AND IMPLEMENTING THE
ALTERNATIVE VETERAN’S EXEMPTION PROVISION OF REAL
PROPERTY TAX LAW SECTION 458-A

THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN SAYWARD, WHO MOVED ITS ADOPTION.

BE IT RESOLVED that the Town of Essex HEREBY INTRODUCES PROPOSED LOCAL Law No. 2 of the year 2006 – a local law providing for and implementing the Alternative Veteran’s Exemption Provisions of Real Property Tax Law Section 458-A as follows:
TOWN of ESSEX LOCAL LAW #2 of 2006

A local law providing for and implementing the Alternative Veteran’s Exemption Provisions of Real Property Tax Law Section 458-A.

• Pursuant to the provisions of New York State Real Property Law Section 458-A (2)(d)(ii), the maximum exemption allowable pursuant to Real Property Tax Law Section 458(a)(2)(a) shall be $15,000.00 (fifteen thousand dollars), the maximum exemption allowable to Real Property Tax Law Section 458 (a)(2)(b) shall be $10,000.00 (ten thousand dollars) and the maximum exemption under Real Property Tax Law 458 (a)(2)(c) shall be $50,000.00 (fifty thousand dollars).

• Section 2 of Local Law #1 of 1991 entitled “A Local Law to repeal Local Law #1 of 1984 and provide for the Alterative Veteran’s Tax Exemption under Real Property Tax Law Section 458-A” is hereby amended as set forth in Paragraph 1 above.

• This Local Law shall take effect immediately upon filing with the Office of the Secretary of State and shall apply to qualifying residential real property and qualified owners who have applied for and been granted exemptions in accordance with Real Property Tax Law Section 458-A commencing with the assessment roll prepared for the Town of Essex taxable status date of March 1, 2006, and thereafter.

AND BE IT FURTHER RESOLVED that the Town of Essex Town Board shall hold and conduct a public hearing on the foregoing proposed local law on the 23rd day of February, 2006, at 7:00 o’clock in the evening of that day, to hear any and all persons concerning the same.

 AND BE IT FURTHER RESOLVED that the Town Clerk of the Town of Essex shall publish a notice of such hearing at least five (5) days prior to said hearing.

THIS RESOLUTION WAS DULY SECONDED BY COUNCILMAN WRISLEY WAS ADOPTED UPON A ROLL-CALL VOTE

AYES - 5 - JACKSON, LAPINE, SAYWARD, WRISLEY, LAFOREST

 BILLS

The Town Clerk presented the Bills in Abstract #2 with the following totals: General - vouchers 17-42, (pre-paid – 1,2), total $ 4,572.95; Highway – vouchers 10-20, total $5,143.24; Water – vouchers 4-6, total $4,132.61;
Street Lights – vouchers 1, $576.40; Transfer Station – vouchers 2-5, $1,840.24.

The bills were approved for payment on motion by Councilman LaForest and seconded by Councilman Sayward.
Roll call: Ayes - 5, Sayward, Wrisley, Jackson, LaForest, LaPine
Town Clerks Report:  Motion made by Councilman LaForest to accept the Town Clerk's Report, seconded by Councilwoman LaPine                                                                  Roll Call: Ayes - 5, Sayward, Wrisley, Jackson, LaForest, LaPine
Water Rents Report:  January 2006 received total $4,321.21 Motion by Councilman LaForest, second Councilman Sayward report was accepted on unanimous vote.
Supervisors Report:                                                                                      Motion made by Councilman LaForest to accept the Supervisors Report, seconded by Councilwoman LaPine                                                                               Roll Call: Ayes  5,  Sayward, Wrisley, Jackson, LaForest, LaPine
With no further business, the meeting was adjourned at 8:56 PM.

 

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