Minutes, News and Notes from the June 8th, 2006 Town Board Meeting:

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


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The Regular Meeting of the Town Board was held in the Essex Town Hall on June 8, 2006.

The Supervisor called the meeting to order at 7:00 PM with a salute to the flag.

Supervisor Jackson requested a moment of silence for George White and Marie Wrisley, relatives of Essex residents.

Present on roll call were Supervisor Jackson, Councilman Sayward, Councilman Wrisley, Councilwoman Lapine and Councilman LaForest.   Also present were Town Clerk Kate List, Highway Superintendent James Morgan and resident Jamie Phillips.

The Supervisor offered the courtesy of the floor, with no response.

A motion was made by Councilman LaForest to accept the minutes of the May 11th, 2006 Town Board Meeting; seconded by Councilwoman Lapine and passed on roll call:
Ayes 5 – Jackson, LaForest, Sayward, Wrisley and LaPine.

A motion was made by Councilman LaForest to accept the minutes to the Special Town Board Meeting held on May 25th 2006; seconded by Councilman Wrisley and passed on roll call:
Ayes 5 – Jackson, LaForest, Sayward, Wrisley and LaPine.

Planning Board The resignation of Marika Fine-Lease was received.  It was suggested by Councilman LaForest that the position be widely advertised, not only on the Town Clerks and Town Boards, but on the local cable station and more descriptively in the Valley News.  The Supervisor directed the Town Clerk to put an ad in the Valley News for the position.

ZONING OFFICERS REPORT

From May 10, 2006 to June 8, 2006 I have issued the following permits:

· 5-17-06   Certificate of occupancy to Sally Holloway, 30 Spire Way
· 5-24-06   Demolition permit to Paula Dennis of house on Mark Wrisley property, 199 Clark Road
· 6-8-06     Certificate of occupancy to George McNulty, 2783 Essex Road.

I have processed two Site Plan Reviews for the Planning Board and I continue to make inspections of on-going projects.

Respectfully submitted, David S. Lansing

Supervisor Jackson, reporting on the County, said a compromise has finally been achieved on funding formula based on assessed valuation.  Most towns went down some, most significantly North Elba.

The County has a new Workman’s Compensation formula which may save the Town of Essex a few thousand on next year’s budget.

The State Police and Traffic Courts have handled both prosecution and plea bargaining for traffic arraignments, for “as long as anyone can remember”.  Beginning September 1st 2006, Essex County will prosecute and negotiate plea bargains for all traffic violations. The cost and burden of this change of policy will fall in the DA’s office where there will need to be personnel increase.

The Veterans Cemetery Dedication went well, attended by Congressman McHugh, Assemblywoman Sayward and several members of the Anson family, which had donated the property.   Ruth Davis, a former Essex resident and WWII Veteran, spoke and Georgiana Anson offered the invocation.  The only cost of interment to the veterans will be the opening of the individual graves.

CORRESPONDENCE

We received our DEC and APA approval for the Lake Street Wall project.

From the NY State Canal Corporation’s Director, Carmella Mantello, came a note of thanks for the opportunity to speak to the Board of Supervisors Meeting describing the efforts of the Erie Canal Greenway Lakes to Locks Corridor Project to include more regional areas. Supervisor Jackson encouraged the inclusion of Essex.

A letter was received from Marika Fine-Lease resigning from the Planning Board.

The Town of Essex received a State notification of a 100% assessment, which would mean an increase of approximately five (5) dollars a parcel.

OLD BUSINESS
Upon motion duly made by Councilman Sayward and seconded by Councilman LaForest, the following resolution was unanimously adopted by the members of the Town Board of Essex:

RESOLUTION # 9
REGARDING THE ISSUANCE BY THE TOWN OF ESSEX OF UP TO
THREE HUNDRED ELEVEN THOUSAND SEVEN HUNDRED FORTY-FIVE DOLLARS ($311,745.00) OF REVENUE ANTICIPATION NOTES
TO FINANCE THE DESIGN, ENGINEERING, UPGRADING, IMPROVING AND EXPANSION OF THE LAKE STREET RETAINING WALL, DRAINAGE AND STORM SEWERS, SEWER PIPE INSTALLATION AND NEW ROAD AND SIDEWALKS

WHEREAS, the New York State Department of State has approved a grant in the amount of Thirty-Five Thousand Dollars ($35,000.00) toward the upgrading, improving and expansion of the Lake Street retaining wall, drainage and storm sewers, sewer pipe installation and new road and sidewalks, and

          WHEREAS, the New York State Department of Transportation has approved a grant in the amount of One Hundred Seventy-Five Thousand Dollars ($175,000.00) toward the upgrading, improving and expansion of the Lake Street retaining wall, drainage and storm sewers, sewer pipe installation and new road and sidewalks, and

          WHEREAS, the New York State Department of Transportation has approved a multimodal grant in the amount of Fifty Thousand Dollars ($50,000.00) toward the upgrading, improving and expansion of the Lake Street retaining wall, drainage and storm sewers, sewer pipe installation and new road and sidewalks, and

          WHEREAS, the State of New York Bond Act has approved a  grant in the amount of Fifteen Thousand Four Hundred Fifty-Three Dollars ($15,453.00) toward the upgrading, improving and expansion of the Lake Street retaining wall, drainage and storm sewers, sewer pipe installation and new road and sidewalks, and

          WHEREAS, the Town of Essex has approved funding in the amount of Thirty-Six Thousand Two Hundred Ninety-Two Dollars ($36,292.00) toward the upgrading, improving and expansion of the Lake Street retaining wall, drainage and storm sewers, sewer pipe installation and new road and sidewalks, and

          WHEREAS it is desirable for the Town to obtain short-term financing until the afore-referenced funds are available, and

          WHEREAS such grant funds are due and payable in 2006 and 2007, and

          WHEREAS the amount of uncollected revenues against which such notes are authorized to be issued is Three Hundred Eleven Thousand Seven Hundred Forty-Five ($311,745.00), and

          WHEREAS '25.00 and '39.00 of the Local Finance Law authorize a municipality to issue its notes in anticipation of the collection or receipt of revenue,

          NOW, THEREFORE be it RESOLVED that the Chief Fiscal Officer is authorized to issue a Revenue Anticipation Note or Notes totaling, in the aggregate, not more than Three Hundred Eleven Thousand Seven Hundred Forty-Five Dollars ($311,745.00) in anticipation of the collection of revenues other than real property taxes, to wit, the grant funds from the New York State Department of State, the New York State Department of Transportation, The New York State Bond Act Fund and the budgetary funds of the Town of Essex, in such sum.

                   i)        It is hereby determined that the period of probable usefulness pursuant to subdivision 1 of paragraph a of '11.00 of the Local Finance Law is forty (40) years.

                   ii)       This project required the issuance of approvals/permits from the New York State Department of Environmental Conservation, the Army Corp. of Engineers and the Town of Essex, all of which have been issued.  A letter of non-jurisdiction from the Adirondack Park Agency has been obtained by the Town.

                   iii)      The note or notes shall have a maturity of not more than one (1) year with the right of pre-payment reserved without penalty.

                   iv)      The note or notes do not constitute renewals of similar notes.

                   v)       That the Chief Fiscal Officer is authorized and empowered to fix the details of such note or notes.

                   vi)      That the Chief Fiscal Officer is authorized and empowered to sell such note or notes at private sale to the Champlain National Bank.

                   7.       The note or notes shall bear interest at a rate not to exceed five percent (5%) per annum and, in the case of the Champlain National Bank, shall be payable at Willsboro, New York.

                   8.       This resolution also authorizes the Chief Fiscal Officer to renew any note or notes issued pursuant to this resolution. 

                   9.       Within the above limitations the power to determine the terms, form and content of the revenue anticipation note is hereby expressly delegated to the Chief Fiscal Officer of the Town of Essex, the power to authorize the issuance thereof from time to time is delegated to the Chief Fiscal Officer pursuant to Section 56.00 of such law.

                   10.     The faith and credit of the Town of Essex is hereby irrevocably pledged for the full payment when due of the principal of and interest on the revenue anticipation note or notes to be issued hereunder in accordance with the terms thereof. 

          The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
          Supervisor Jackson - yes                                     
          Councilman Wrisley - yes              
          Councilman Sayward - yes              
          Councilman LaForest - yes              
          Councilwoman Lapine - yes             
The resolution was thereupon duly adopted.

ESTOPPEL NOTICE

          The Revenue Anticipation Note Resolution published herewith has been adopted on the 8th  day of June, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligation was authorized for an object or purpose for which the Town of Essex is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days (20) after the date of publication of this notice, or such obligation were authorized in violation of the provisions of the Constitution.
Dated: June 8, 2006    Kate List, Essex Town Clerk

Supervisor Jackson instructed the Town Clerk to file Resolution #9 and the Estoppel notice in it’s entirety in the Valley news.

Susanne Perley added the changes to the Subdivision Regulations Draft discussed at the last Town’s Public Hearing.  Additions were distributed to the Board for review until next month’s meeting, where they may be incorporated into the Subdivision Law after approval by the Board,

Supervisor Jackson reminded those present of June 10th, Saturday’s 2:30 PM dedication of the new Whallonsburg Bridge.  Refreshments will be served and there will be a showing of the “Adirondack Holidays” film documentary by Shirley Richter and Noel Thomas.

Supervisor Jackson asked that Councilman LaForest chair an advisory committee for the Whallonsburg Grange Hall, with Lois Sayward and Mildred Wrisley, a member of the Grange.  The purpose of the committee will be to discuss possible procedures and recommendations for the transfer of ownership and to review the use and costs of the building.

Patricia Burley filed an application for a liquor license for the Essex Shipyard.  The Town Clerk read the notification into the record.

A motion was made by Councilwoman LaPine and seconded by Councilman Sayward, that Janet Kennedy sit on the Lakes to Locks Greenway Committee as “information gatherer” with the intention of providing the Town of Essex  data on the project, with the consideration that it might benefit the Town of Essex at some future date.  The motion passed on roll call: Ayes - 5: Jackson, Wrisley, LaForest, Sayward, LaPine.

RESOLUTION # 8 of 2006
Interest Payment Reimbursed to County Treasurer

The following resolution was offered by Councilman Sayward, who moved its adoption:

WHEREAS, The Tax Collector for the Town of Essex in the year 2006 did include the interest amount of $17.47 in payment to the Town Supervisor for the month of April; and

WHEREAS, a check had been deposited in the Town of Essex Tax Collector account in the amount of $599.94($582.47 base tax and $17.47 interest) on April 24th of 2006; and

WHEREAS, the taxes on account number for which the check was rendered were reported to the County Treasurer as unpaid in the amount of $582.47(base tax); and

WHEREAS, the Essex County Treasurer had already recorded the interest as unpaid; and

WHEREAS, the Town of Essex must reimburse the Essex County Treasurer the sum of $17.47; and

BE IT RESOLVED the Town of Essex write a check in the amount
Of $17.47 to the Tax Collector; and

BE IT FURTHER RESOLVED that the Tax Collector reimburse
The Essex County Treasurer the sum of $17.47.

The resolution was duly seconded by Councilman Wrisley and passed on roll call: Ayes - 5 - Jackson, Wrisley, LaForest, Sayward, LaPine

The third draft of the Road Standards was distributed to the Board, who entered into discussion at length.  Discussion will continue at the next Town Board meeting.

The Town Clerk presented the Bills in Abstract #6 with the following totals: General - vouchers 128-150, $2,554.47; Prepaid – vouchers 9-11, $215.39; Highway – vouchers 61-68, $5,494.96; Water – vouchers 25&26, 529.34;
Street Lights – voucher 5, $577.00; Transfer Station vouchers 18&19, $1,995.80.

The bills were approved for payment on motion by Councilman Sayward,
seconded by Councilwoman LaPine and passed on
Roll call: Ayes - 5, Sayward, Wrisley, Jackson, LaForest, LaPine

Motion made by Councilman Wrisley to accept the Town Clerk's Report, seconded by Councilman Sayward Roll Call: Ayes - 5, Sayward, Wrisley, Jackson, LaForest, LaPine

In June a total of $909.44 in water rent was received. A motion by Councilman LaForest, seconded by Councilman Sayward, to accept the report, was moved on unanimous vote.

A motion was made by Councilman LaForest to accept the Supervisors Report and was seconded by Councilwoman LaPine. Passed on roll call: Ayes - 5, Sayward, Wrisley, Jackson, LaForest, LaPine.

With no further business, Councilman LaForest moved to adjourn, seconded by Councilman Wrisley.

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