Minutes, News and Notes from the April 21st, 2009 Public Hearing:
you may also get full, approved copies of the minutes by visiting the Town Hall
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The meeting was called to order at 7 PM.
Deputy Supervisor LaForest led us in the Pledge to the Flag.
Board Members present on roll call were Councilwoman LaPine, Councilman LaForest, Supervisor Jackson, Councilman Wrisley and Councilman Sayward. Also present was Audrey Hoskins, Town Clerk and Lois Sayward.
Visitors included Vic Putman, Wayne Ryan of AES Northeast, Sharon Boisen, Edward Monoski, Bonnie Monoski, Jan TerLouw, Jan Eakins, Pat Burnes, John Ferry, Patricia French, Sally Johnson, Carol Bechta, Don Bechta, Russ Shaprio, Donna L. Sonnett, Tom Duca, Lauren Murphy, Wayne Gryk and Denise Wilson.
The Public Hearing was opened at 7:01 PM.
Sharon Boisen asked if the Town knew the status of the grant. Supervisor Jackson stated we had not heard anything new. Sharon also asked where the confidence came from about the Town receiving a grant. Vic Putman answered this question. Vic stated he had spoken to Environmental Facilities Corporation which oversees the Clean Water State Revolving Fund. The Town of Essex is on the intended use plan is proposed to receive funding in this round of stimulus. The intended use plan was amended recently to allow up to an 80% grant of total project cost with a maximum amount of four million dollars. The total project cost is about nine million dollars. The other funding entity the Town is applying to is the USDA Rural Development Agency Rural Utility Service formally called Farmer’s Home Administration. They have a water waste disposal loan up to 75% of the grant. Vic stated that as of now no one is sure how much stimulus money we could receive. The State Director wants the wastewater project in Essex funded. The State Director is waiting for Environmental Facilities Corp. to make a determination how much funding they are giving the Town so he can make up the difference Vic stated there is still a targeted service charge of $562. The target service charge includes payment of principal, operation and manitance of the sewer plant and facilities. The average one or two family residential unit would be charged $562 per year to pay off the principal and that principal with Environmental Facilities Corp would be a thirty year loan with zero interest. Ms Boisen asked what is the maximum the government allows to be charged. According to the Bond Counsel the Town retains it is $769. If you exceed this number the Town would have to get the State Comptroller to approval to form the district or to incur the debt. If you are under that number you still have to apply to the State Comptroller for district approval, but you do not have to have his approval to form the district.
Sharon Boisen asked if someone owns more than one parcel of land will they pay the $562 for each parcel of land. Vic Putman said the Comptroller has stated all Sewer districts will be created on a benefit basis. If you have a single family unit your
benefited one unit. If you have a two family dwelling you are considered two units. The final formula will have to be determined by the Town Board.
Sally Johnson asked if you have two units do you get two votes. Vic Putman stated no. The other caveat is vacant lands is also benefited, but not necessarily a full unit. This will be decided by the engineer and the Town Board.
Sharon Boisen asked if would be better to vote on the maximum amount of $769. Vic Putman said no because what you want to do is optimize the grant funds.
Supervisor Jackson stated that when we vote on the referendum it is to borrow up to one million dollars at this time and if we do not receive the grant money we will not be borrowing any money.
Sharon Boisen asked where the money was coming from to cover the expenditures the Town has already made toward the sewer system. Supervisor Jackson stated that the one million dollar grant received from Governor Pataki administration will cover the expense so far and the Town would be applying for reimbursement for the monies spent to date. The money will be applied for in three separate applications. Supervisor Jackson stated if we had not spent this money we would not have been able to have applied for the Stimulus package monies.
The question was asked if AES Northeast would be getting the bid for the project. Wayne Ryan stated this was the Town responsibility to get competitive bids for the project. Mr. Ryan stated that the project would be contracts for the building portion, the waste plant and the ECHO parking lot pump station. There will be a contractor that will Do the sewer mains. There maybe another contractor that will do the laterals. Mr. Ryan also stated that it is required we use American made products. If this is not done then the project can be audited the monies returned, and the Town would have to pay for any foreign made products used. Rural Development had given the language that has to be used to Mr. Ryan. Mr. Ryan stated that what needs to be to Rural Development by June 1st is the Environmental Report, update Form E (project cost) and the grants will be awarded by June 17.
Mr. Ryan also stated that there are some green designs for the plant. This will not be with the original application. They are going to be alternates.
Sally Johnson asked if there were any provisions made for local labor. Mr. Ryan stated that it would be in the best interest of contractors to have local suppliers and labors, we can not control who they hire. Councilman LaForest stated it would be a recommendation of the Board.
Sharon Boisen asked how the nine million dollar project coast was determined. Wayne Ryan, AES Northeast stated that based on his knowledge and experience of twenty years with this type project and working with contractors is how it was determined.
Sally Johnson asked if the cost could change in the middle of the project. Supervisor Jackson stated that it could change before the project starts, but once the bids are in and awarded and the project started the cost can not change.
The question was asked as to what makes up the waste water district. Supervisor Jackson stated the district is basically the old water district. It starts at Library Brook, up to Kempster, up to the old school house and up the hill to Sally Johnson’s houses. The only place outside of the district is the Library, which DEC insisted be put on the sewer line. Another question asked how many parcels are in the district. Supervisor Jackson stated there are 150 parcels and the $562 would be charged for a single family home per year. Businesses and empty lots will be charged differently. The maintenance cost is included the first year and the cost should not go up significantly after the first year. about six to eight percent. The borrowed percentage is fixed.
Barbara Kunzi asked how much of the project cost is grant money and how much is loan. Supervisor Jackson stated one million is loan and eight million is grant money. We have one and a half million already and will need six and one half million more. Supervisor Jackson stated that the $562 charge is your tax and operating cost. The reason we have The $562 is because we are still considered a hardship community. Jan Eakins asked about the ongoing operation cost for the waste water treatment plant. What kind of personnel needed to maintain this kind of system and will we be hiring someone to do this job. Supervisor Jackson stated that we would need a licensed operator. The Supervisor of Chesterfield stated that he would allow Essex to use his person who is fully licensed water and sewer. Chesterfield only has enough work to keep hi m busy part-time. The person’s name is Tuck Winter. Ms. Eakins wanted to k now if the operators’ cost is included in the $562. Supervisor Jackson stated yes. Supervisor Jackson stated that this would be a part-time position.
Tom Duca asked what the expected life time of this system is. Mr. Ryan stated a mimumin of thirty years. Mr. Duca asked since there are different places using different amounts of water, will that be prorated some how according to the water that comes in on the water meters. Vic Putman stated that the meters can be used it is a benefit bases. There are different formulas that will need to be dealt with make it equitable. The fairest use guide is water in.
Sally Johnson asked if the water meters have been read. Supervisor Jackson stated that the meters have been read. There are a couple of meters that still need to be installed and that will be done before construction starts.
Jan Eakins asked what the date referendum is. Supervisor Jackson stated the referendum would be after the hearings. A date will probably be set at our May Town Board Meeting. We want to get all the information out to the waste water district residents, so they can make an informed decision when voting. Supervisor Jackson feels the referendum will at the end of May.
Sharon Boisen asked if the Town is still pursuing funding for the water. Supervisor Jackson stated that he has given Vic Putman almost everything he needs for Rural Development and we have applied to Environmental Facilities. Supervisor
Jackson stated the he feels if we are funded for the water then it will not be until October.
Mr. Ryan stated that Rural Development and EFC have their drop dead dates; this means they have to execute a contract for construction before the end of the year. They are checking to see if communities are ready and with their experience they feel you are not then you will be passed by this year. Supervisor Jackson stated that if you are not funded in the first round then it will be extremely difficult to receive funding as time goes on.
Supervisor Jackson stated that he would like to get the information the committee is working on and the minutes of this meeting out to the resident as soon as possible.
Mr. Ryan gave an overview of the project to date. Easements are in place. We have the Close/Mallett property which was donated for the waste water treatment plant. We are close to having all the paper work ready for our grant applications. We have
been working with APA. We have most of the mapping of pipe line layouts done.
Supervisor Jackson stated that if we had not started on this project in 2002 we would not have the bond act money one-half million and with the help from Assemblywoman Sayward in securing the Pataki grant of one million is the reason we are not play catch-up.
These funds allowed the Town to get to the point we are at today with the waste water treatment project.
Me. Ryan stated and Supervisor Jackson agreed with him that if we do not receive the stimulus money the plant will never be built.
The question was asked if the pumping station or the waste water treatment plant would be built first
The project will be done simultaneously. Construction will be one year to eighteen months. The project should start in the fall, so the Town will not have torn up roads during the summer months. In September of 2010 the Town will have the contractor come back to start hooking up the sewer lines to the residents. Supervisor Jackson stated that all the old sewers will crushed and filled in the back yards of residents. Supervisor Jackson stated that is no fee to the resident for hooking into the sewer lines as long as they have cast iron or plastic pipe. If it is other pipe then the resident will have to pay to get it through the wall. This fee is included in the borrowing and bonding.
Mr. Ryan stated to try to minimize the cost of the project we are redesigning some of the laterals and some of the smaller collector mains
Supervisor Jackson stated that each resident will need to sign an easement so the sewer line can cross their property.
Mr. Duca asked if people could refuse to have the sewer lines cross their property. Mr. Ryan said they could. Supervisor Jackson stated that DEC is a big believer in eminent domain when it comes to health issues. The Town is on a consent order, DEC has been very patient with us. DEC could be fining the Town, or in this case the homeowner.
Vic Putman stated that the funding agencies, specifically Rural Development require mandatory hookups. The Town will have to adopt an ordnance. This will be one of many sewer laws. Supervisor Jackson stated that nothing will be shoved down your throat. AES Northeast will work with the residents to make them as happy as possible.
All persons desiring to be heard, having been heard, the Hearing was terminated at 7:56 PM.
Councilman LaForest stated that there will be three informational meetings on the sewer district.
- May 14th at 6:30 prior to the regular Board Meeting.
- May 16th at 1 PM.
- May 19th at 7 PM.
Councilman LaForest asked Vic Putnam, Essex County Community Development & Planning Director to discuss the latest information . Mr. Putnam stated he has tried to contact the Town’s bond counsel to see if he could prepare a resolution for the Town Board to consider, since the Town is proposing to have a mandatory referendum, not a permissive referendum and to also schedule additional informational meetings. Right now the way Town law for establishing special districts, the prevailing method is schedule a Public Hearing for the increase in maximum amount proposed to be expended The Public Hearing was just held. The Town Board then can convene a Board Meeting to act on the resolution increasing the maximum amount. What normally happens is the Public Hearing is done, the Town Board adopts the resolution increasing the maximum and then that notice is published in the paper and there is a thirty day period after publishing wherein the public has an opportunity to petition the Town Board for a referendum vote. Because in this situation the Town is considering a mandatory referendum that changes the normal process. The Town’s Bond Counsel would like to prepare the necessary resolution for the Board’s consideration and he would like to include the mandatory referendum date in this resolution. The other issues is that if another Public Hearing is scheduled and called as Public Hearing to increase the maximum that changes the time frame. Mr. Putnam’s suggestion was to have three informational meetings not Public Hearings. Only one Public Hearing is needed to increase the maximum amount. Mr. Putnam stated that the Town did not want to jeopardize the funding. Another Public Hearing at the end of May will change the publishing schedule. Estoppel notice has to run for a period of 30 days after publishing even though there is a mandatory referendum. Supervisor stated that because the Town wants to have more meetings, more changes for people to get information and give everybody an opportunity to vote it is making it more complicated. Supervisor Jackson feels this is still the best way to proceed.
The question was asked what is the difference between a permissive and a mandatory Referendum. Mr. Putnam stated that a permissive referendum is where the Town Board is petitioned, a petition is circulated among the waste water resident petitioning the Town Board to schedule a vote. a vote. Supervisor Jackson stated that because of timing people are not here to participate in that process. We are assuming that people will want to vote so we are just establishing it so that everyone will have the chance to vote.
Mr. Putnam will get the information from the comptroller’s office on who is eligible to vote in the district and this will be included in the package sent to the residents.
Sally Johnson asked to see a map of where the sewer lines and the pumping stations will be located. Mr. Ryan said that could be included in the package. Ms. Johnson asked to have a large map posted in the Town Hall that resident could come in and look at. Mr. Ryan stated the map is being updated due to sensitive areas that need to be avoided. The archeologist will be back to look over some more areas where the line has been moved to.
Russ Shapiro stated the project sounds great in fact almost too good too be true. He asked why any one would vote against the project. Supervisor Jackson stated that no matter how good the project is there will be people who will vote against the project.
The question was asked as to how many people need to vote for the project for it to be approved; Vic Putnam stated 51% of the owners of the total assessed value will need to vote for the project. Mr. Putnam stated it is a weighted vote based on your assessed value of your property. A discussion on the fact that in order to weight the vote, how a person voted would need to be known, so this would not be a secret vote it would be a public vote. Vic Putnam stated that this voting statement was almost right. The Town Clerk has to certify the vote and however a person votes yes or no is added to a column. Before you vote your name is checked off a list just like any other election day. Supervisor Jackson stated this is Town law and they are very particular on special district voting.
Councilman LaForest recommended resolution #11 be tabled until after the informational meetings have been held. Supervisor Jackson is hoping to have the referendum the end of May or the beginning of June. Motion seconded by Councilman Sayward. Roll call Councilwoman LaPine-yes. Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes Councilman and Sayward-yes.
Motion to have informational meeting on the sewer project on the following dates:
Thursday, May 14th at 6:30 PM prior to the Regular Board Meeting Saturday, May 16th at 1PM
Tuesday, May 19th at 7 PM 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.
Resolution #12 Municipal Agricultural and Farmland Protection Plan Development was discussed and there were a number of questions that needed to be answered by Ann Ruzow Holland. The resolution was tabled and the Board decided to have an Emergency Meeting Wednesday the 22nd at 7PM to meet with Ms. Holland and discuss this resolution. Motion to table Resolution #12 was made by Councilwoman LaPine. Seconded by Councilman Wrisley. Roll Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Meeting adjourned at 8:23 PM
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