Minutes, News and Notes from the February 12th, 2009 Town Board Meeting:
you may also get full, approved copies of the minutes by visiting the Town Hall
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Meeting was called to order at 6:59 PM
Supervisor Jackson led us in the Pledge to the Flag.
Supervisor Jackson asked for a moment of silence for William Tart.
On roll call Board Members present were Councilman LaForest, Supervisor Jackson, Councilman Wrisley and Councilman Sayward. Councilwoman LaPine arrived at 7:34 PM. Also present was Audrey Hoskins, Town Clerk and Lois Sayward.
Visitors present were Rod Boula, Hospital Administrator and Bonnie Bigelow Quality Assurance Manager from Elizabethtown Hospital. Lori Lincoln-Spooner Supervisor of Willsboro, Ann Ruzow Holland and Maryanne Schultz.
Supervisor Jackson offered the courtesy of the floor and Ann Ruzow Holland was the first to speak. Ms, Holland gave an overview of the Farmland Protection Grant which Willsboro would like Essex to partner with them in apply for the grant. Ms. Holland
explained an advantage of two Towns applying for the grant means more grant money can be requested. Ms. Holland stated the cost to the Town would be $1667 in matching cash and up to $6666 in additional in-kind services. The purpose of the grant is to work on protecting the economic viability of farmlands in communities across the State. Also they want to try and make sure farmland stays farmland where ever possible. The grant would be used to analyze community concerns, farming concerns and agricultural concerns about the lands to be protected. The information gathered then would be used to determine the best ways to accomplish the goal of protecting the farmland. The grant calls for up to $50,000 for two communities that apply. The Towns have 2 years to finish the project. Ms. Holland would prepare and submit the grant pro bono with the understanding that if the Towns receive the grant that she will be given the job of preparing the joint Willsboro/Essex Farmland Protection Plan. Ms Holland has prepared a draft resolution authorizing submission of grant application authorizing cash match.
Councilman LaForest asked how much land would this impact. Ms. Holland stated all farmland in Town would be impacted. Councilman Sayward asked if there would be a census for the farmland in the Town and Ms Holland said it would. Supervisor Jackson asked how this affects the Ag District. Ms. Holland stated that this does not substitute for the Ag District. The plan will incorporate the Ag District into the plan and will respect the boundaries of the Ag District. This plan works under the same law as the Ag District. They are complimentary to each other. Supervisor Jackson asked what will this plan do that the Ag District does not do. Ms. Holland stated the recommendations that come from the plan will go into the Comprehensive plan of the Town.
The Ag district was discussed and how it pertains to the farmers and farmland in Essex.
Mr. Boula gave an update on the Elizabethtown Hospital expansion. Mr. Boula stated the project is 80% completed. The new Emergency Room is well equipped and the staff is very good. Audrey Hoskins, Town Clerk stated the new Emergency was very well equipped and the staff was excellent. Mr. Boula stated that a new procedure room has been added. The entire project is expected to be completed in June. Mr. Boula stated the hospital has a starting date of September for chemo therapy. In the chemo therapy room they will be able to use tela-medicine and the patients doctor can see the patient and hospital staff and they can see the doctor. They will start the project with CVPH. The hospital has also added digital mammography. The hospital is hoping to add a mobile MRI this year. When phase 4 is started at the Health Center the billing dept will be moved to the hospital and that area will be renovated for physical therapy. They have hired a new family practice physician, Dr. Neal Caputo who will start on March 1st. He will be working at the Health Center with Dr. DeMuro. Dr. Caputo has an interest in sport medicine. Dr. Davis oversees the prisons, does coverage for the PA in ER and he oversees Wilmington clinic. Councilman LaForest asked the status of the VA clinic. Mr. Boula stated there are problems that need to be worked out. The trend with VA clinics is to leave the hospital setting and have their own clinic sites.
Approving minutes
Motion to approve 1/8/2009 Regular Board Meeting minutes as presented made by
Councilman LaForest. Seconded by Councilwoman LaPine. Roll call Councilwoman
LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes
and Councilman Sayward-yes.
Motion to approve 1/12/2009 Special Water Meeting minutes as presented made by Councilman LaForest. Seconded by Councilman Sayward. Roll call Councilwoman
LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-
yes and Councilman Sayward-yes.
Motion to approve 1/26/2009 Special Water Meeting as presented made by Councilwoman LaPine. Seconded by Councilman Wrisley. Roll call Councilwoman
LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-
yes and Councilman Sayward-yes.
Planning Board no report this month.
Zoning Officer’s Report
From January 7, 2008 to February 11, 2009 the following permits were issued:
· 1-15-08 A-772 Building permit for a new chimney to Rick Dalton at 2 Beggs Point St. $35.00
· 1-26-08 B-773 Building permit for renovations and alterations to Smith House LLC at 2885 Essex Road $100.00
· 1-27-09 A-774 Building permit for ACAP up-grades to Greg VanDuesen at 1345 NYS Route 22 $30.00
I continue to make inspections of on-going projects.
Respectfully submitted, David Lansing
Supervisor Jackson informed Supervisor Lincoln-Spooner that Councilwoman LaPine would be attending the Highway Lobby Day in Albany on March 11, 2009.
Supervisor’s County Report
Supervisor Jackson discussed the incident at the County Jail. The Federal prisoners caused a riot. Four CO were treated for injuries and none of the prisoners were injured. Supervisor Jackson stated that the problem was gang related.
The County passed a resolution to give back to the Towns ¼ of 1% of the sales tax Revenue. This will be instituted in 2010. The County is concerned about the State not wanting to pay taxes on State owned land. This will case a substantial decrease in revenue for the County, Towns and School systems.
Correspondence
Supervisor Jackson stated we have the easement and contract from the Fire District.
Sam Hendren of Ausable Grange has requested the Town Board consider the establishment of a farmers market in Essex on Sunday from 10 to 2. Councilwoman LaPine asked where they would set up. Supervisor Jackson said the back lawn at the Town Hall. The time of the market was discussed and there were concerns about the time as it would coincide with the church service and parking is limited at this time of day. The Board feels that a time change needs to be discussed with Mr. Hendren.
The initial easement has been written for the Stone Church with Terry McKenna. There will be no problem with access or drainage. Mr. McKenna has requested the paving be dug up and stone be put in its place. The Essex Inn basically owns to the back door of the church and they are willing to give us an easement to tear down the back stairs and replace them. The easement with ECHO for the parking lot is not settled yet The ECHO Board voted in favor of the easement, but after Mr. Comeau drafted the easement, Echo wanted two conditions added. One condition is a small problem but the other condition is a major problem. There also needs to be some different wording. ECHO stated they would not sign until the subdivisions were completed with the APA and the Town, which at the earliest will be March 17. Another problem is how long such an easement will be in effect. The idea of pumping the sewer to Willsboro was brought up again. Supervisor Jackson stated that the DEC would not approve the sewer project if pumping to Willsboro was included in the project.
Unfinished Business
Farm Land Protection Grant was discussed by the Board. Councilman Wrisley feels it
may be a counter move against the Ag District. The Ag District is in place to protect the farmers. Councilman Wrisley also stated it is nice to protect the land, but questioned what happens when there are no farmers left to farm the land what happens then. Councilman LaForest asked what the point of the Farm Land Protection Plan is. Supervisor Jackson stated that the purpose of this is that when the Town updates its comprehensive plan the Farm Land Protection plan will be added. Councilman Sayward said it is a doubled edged sword it can help the farmers or it can hurt them. He also said the last thing farmers need is more regulations. Councilman Sayward also stated if it helps set up a land trust to protect farm land that would be good. Councilman Sayward stated he has 2 development sites left and he would like to see them remain farm land. Councilman LaForest wondered if the Farm Protection Plan would give added protection. The Board Members discussed the pros and cons of the Farm Land Protection Plan. The Board Members felt it would be a good idea to get the farmers to meet and discuss the plan.
Maryanne Schultz asked if there could be a breakdown of how the grant money for the Farm Land Protection Plan will be used by Ms. Holland. Supervisor Jackson thought that was a good idea.
Councilman LaForest stated he would support the Farm Land Protection Plan application as long as the Town was not tied down to doing it and could just treat it as an information package. Councilman LaForest stated that the discussion the Board Member had was very informative. Councilman LaForest moved that the joint applicant with Willsboro in support of the resolution authorizing submission of grant application, but we needed more details before we sign on the dotted line, such as what we can expect from Ms. Holland and signing be contingent upon our reviewing the final submission of the grant. We would also like a better explanation of in-kind services. Seconded by Councilman Wrisley. Roll call Councilwoman LaPine-yes. Councilman LaForest-yes, Supervisor Jackson-yes,
Councilman Wrisley-yes and Councilman Sayward-yes.
Supervisor Jackson stated in regards to the Water System we were about as far as we can go without the funding. We have the contract in place and the easement with the Fire District. Supervisor Jackson sated that the Town started out for both water and sewer at the same place on the IUP list. Our projects were submitted which we hoped to do, but we did not have a firm start date. The stimulus package starts with Towns on the ready list. We are lucky with our sewer project because in NYS there are three projects on the D list which is the hardship list which we are not on the ready list. The yearly report is being amended and we are being moved to the ready list. Chances are we very good that we will receive funding for our sewer project.
The water funding recipients are being selected by DOH as opposed to Environmental Facilities.
The Town still has a lot of work to do for the sewer project. Supervisor Jackson asked the Board to meet Tuesday, February 17th to work on the SEQR long form for the sewer project and the water project and the Town needs to request it be the lead agency on the sewer project. Vic Putnam will do the rest of the SERP. Supervisor Jackson explained to the Board what still needs to be done for the sewer project and this was discussed by the Board.
Councilman Sayward asked about the deed to the Close property and supervisor Jackson stated that the deed can not be filed until the subdivision is done.
Motion to amend the Town Clerk’s report of December 2008 as presented was made by
Councilman Sayward. Seconded by Councilman Wrisley. Roll call Councilwoman
LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes
and Councilman Sayward-yes.
Supervisor Jackson informed the Board that there were six applications for Planning Board Secretary. Three from Essex and three from Willsboro. The applicants from Essex were Lauren Murphy, Heather Lamb and Carrie Holland. Councilman LaForest moved to go into Executive Session. Seconded by Councilwoman LaPine. Roll call Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes. Entered Executive Session at 8:58 PM
Resumed Regular Meeting at 9:05PM.
Motion to hire Heather Lamb as the Planning Board Secretary was made by Councilwoman LaPine. Seconded by Councilman LaForest. Roll call Councilwoman
LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes
And Councilman Sayward-yes.
Motion made to give Supervisor Jackson permission to sign County Maintenance contract
by Councilman LaForest. Seconded by Councilman Sayward. Roll call Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Motion made to give permission to Supervisor Jackson to sign County Iceland Snow contract by Councilwoman LaPine. Seconded by Councilman LaForest. Roll call
Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes,
Councilman Wrisley-yes and Councilman Sayward-yes.
Motion made to give permission to Supervisor Jackson to sign the Youth Commission
Contract by Councilman Wrisley. Seconded by Councilman Sayward. Roll call
Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes,
Councilman Wrisley-yes and Councilman Sayward-yes.
Motion to give Supervisor Jackson permission to sign with Fire District #1 for wells by Councilman Sayward. Seconded by Councilman Wrisley. Roll call Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Motion to give Supervisor Jackson permission to sign application for funding from DWSRF for wells project by Councilman Sayward. Seconded by Councilman Wrisley. Roll call Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes,
Councilman Wrisley-yes and Councilman Sayward-yes.
Motion to give Supervisor Jackson permission to sign application for funding from CWSRF for wastewater system made by Councilwoman LaPine. Seconded by Councilman Wrisley. Roll call Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Resolution No.1 February 12,, 2009
Regular Meeting
RESOLUTION INTRODUCING PROPOSED
LOCAL LAW NO. 1 OF 2009
The following resolution was offered by Councilperson LaForest, who moved its adoption Upon the passage of a motion to consider from the floor, and the same appearing proper and necessary.
BE IT RESOLVED that the Town of Essex hereby introduces proposed Local Law No. 1 of 2009, providing cash payments in lieu of health insurance coverage for any eligible employee and elected official in the Town of Essex who is eligible to receive health insurance benefits under Town of Essex’s Personnel Policy or under any Collective Bargaining Agreement of which the Town of Essex is a party, as follows:
"TOWN OF ESSEX LOCAL LAW NO.1 OF 2009"
A local law providing cash payments in lieu of health insurance coverage for any eligible employee and elected official in the Town of Essex who is eligible to receive health insurance benefits under the Town of Essex’s Personnel Policy or under any Collective Bargaining Agreement of which the Town of Essex is a party.
BE IT ENACTED by the Town Board of the Town of Essex as follows:
§1. Title.
This local law shall be known as the “Local Law providing an alternative to health insurance benefits”.
§2. Purpose.
The Town Board finds that some of its eligible employees and elected officials who could otherwise receive health insurance coverage through the Town’s group health insurance provider for themselves and/or their families may already have health insurance coverage available to them from another source. In cases such as this, the Town Board finds that it is an unnecessary expense for the Town of Essex to provide such employee health insurance coverage for an otherwise eligible employee of the Town already has sufficient health insurance coverage available from another source. It is therefore the intent of this local law to authorize the Town of Essex employees and appointed or elected officials who already have health insurance coverage available to them outside of the Town to elect cash payments in lieu of the Town providing health insurance coverage for them and/or their families as set forth more fully below.
§3. Legislative Authority.
This chapter is inactive pursuant to §10, (1) (ii) a (1), of the Municipal Home Rule Law of the State of New York and is intended to the inconsistent therewith to supercede the provisions of General Municipal Law §92-a and 93, Civil Service Article XI and Town Law §27.
§4. Cash Payments for Non-participation of Plan.
(a) Full-time Town employees, part-time with benefits employees and appointed and elected officials of the Town of Essex who are eligible for health insurance coverage paid for by the Town shall have the option of either receiving Town paid health insurance or money in lieu of health insurance coverage set forth below.
(b) Non collective bargaining Employees, appointed and elected officials who are so entitled to family or individual plan health insurance coverage through the Town and opt to drop that coverage, said employee shall be entitle yearly to $1,000.00, subject to proportional calculation in the event the employee makes his/her election other than at the beginning of the Town’s fiscal year.
(c) Union Employees who are so entitled to family or individual health insurance coverage through the Town, said employees shall be entitled yearly to $1,500.00 subject to proportional calculation in the event the employee makes his/her election other than at the beginning of the Town’s fiscal year.
(d) Cash payments will be made the first non payroll Friday in December each year.
(e) In order to obtain the health insurance buy-out, the employee must document to the Town that other health insurance is available and the employee must sign a release to the Town waiving any rights to health insurance coverage and releasing the Town from any other health insurance related liability.
(f) If an employee who has elected the buy-out option loses his/her health insurance coverage, he/she must immediately notify the personnel office and his/her coverage will be reinstated upon the employee making the appropriate payment of the premium, if such premium is due, and otherwise satisfies any eligibility requirements.
(g) Any future changes to the hereinabove recited cash payments will be established from time to time by resolution of the Town of Essex and/or by Collective Bargaining Unit Agreement. The amount of such cash payment will never exceed the Town of Essex actual cost of providing an eligible employee health insurance coverage through the Town of Essex’s health insurance programs and providers.
§5. Effect on Income Tax.
An employee receiving payments pursuant to this chapter shall be fully responsible for any income taxes that may be payable with respect to such payments, and the Town may withhold any amounts required by any applicable tax laws, federal or state, that relate to or require such withholding on payments of such nature.
§6. Definitions.
Employee. Includes all past, current and future employees of the Town of Essex who are eligible under the Town’s policy for payments of all or portion of their health insurance premiums, and any past, current and future officers of the Town that otherwise eligible for partial or complete health insurance coverage.
§7. This local law shall take effect immediately upon filing in the Office of the Secretary of State.
AND BE IT FURTHER RESOLVED that the Town of Essex shall hold and conduct a public hearing on the foregoing proposed local law on March 12, 2009 at 6:30 p.m. of that day, to hear any and all persons concerning the same.
This resolution was duly seconded by Councilman Sayward, and adopted upon a roll-call vote as follows:
YES: 5 votes
NO: 0 votes
ABSENT: 0 votes
Councilwoman LaPine asked if Judge Kupperman had gotten any more
information on the fines status. Supervisor Jackson stated that Judge Kupperman
was contacting the State Comptroller for clarification. Supervisor Jackson felt there was a misunderstanding about the revenue we could receive from each fine. It appears the Town can only collect on Town roads not State or County roads.
The Town has received AES Northeast bill, the lawyer’s bill and photographs. We need to loan the sewer fund money. The transfer will be from the General Fund. This loan will be paid back from the Pataki Grant and interest
will be paid.
RESOLUTION # 2 of 2009
February 12, 2009
THE FOLLOWING RESOLUTION WAS OFFERED BY Councilman LaForest, WHO MOVED ITS ADOPTION.
BE IT RESOLVED that the Town of Essex Transfer $16,850.98 from the General Fund Account A9050.8 to the Sewer Fund Loan account.
THIS RESOLUTION WAS DULY SECONDED BY Councilman Sayward AND WAS ADOPTED.
ROLL CALL:
Jackson yes
LaPine yes
Sayward yes
Wrisley yes
LaForest yes
Motion made by Councilman LaForest to appoint Gayle Perry to the BRASS Board.
Seconded by Councilwoman LaPine. Roll call Councilwoman LaPine-yes, Councilman
LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and CouncilmanSayward-
Yes.
A liquor license renewal was issued for the Old Dock House.
Supervisor Jackson requested the approval of a fifty dollar contribution to defray the cost of the bus for transportation to Albany for Highway Lobby Day. Councilwoman LaPine will be attending as the representative for the Town. Councilwoman LaPine moved to spend the fifty dollar on the bus. Seconded by Councilman Wrisley. Roll call Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Motion to transfer $5000 to the Capital Reserve Fund made by Councilman LaForest.
Seconded by Councilman Sayward. Roll call Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Motion to transfer $5000 to the Wrights Inn Fund made by Councilman Wrisley. Seconded by Councilman Sayward. Roll call Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Motion made to advertise the Capital Fund Reserve transfer to pay for Highway furnace made by Councilman LaForest. Seconded by Councilwoman LaPine. Roll call Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Motion to transfer $15,000 to the Highway Reserve Fund made by Councilman LaForest. Seconded by Councilman LaPine. Roll call Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Committee Meeting
Tuesday February 17, 2009 at 7PM was set as the date for Special Meeting to do SEQR (long form) for the Wastewater System and the well/pump house for the Water System.
Bills
Supervisor Jackson explained the added cost of the furnace and the Board agreed to add it the bills.
General Fund $22,406.99
Highway 21,876.12
Water 11,737.89
Street Lights 599.95
Transfer Station 1,694.30
Sewer Loan 16,850.98
General Pre Pay 1,091.50
Water Pre Pay 15.49
Motion to approve bills as presented made by Councilman LaForest. Seconded by Councilwoman LaPine. Roll call Councilwoman LaPine-yes, CouncilmanLaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Supervisor’s Financial Report
Motion to accept Town Clerk’s report as presented made by Councilman LaForest. Seconded by Councilwoman LaPine. Roll call Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Motion to accept Water Rents Report made by Councilman LaForest. Seconded by Councilwoman LaPine. Roll call Councilwoman LaPine-yes, Councilman LaForest- Yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Motion to accept Supervisor’s Report made by Councilwoman LaPine. Seconded by Councilman LaForest. Roll call Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Councilman LaForest moved to adjourn. Adjourned at 9:57.
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