Minutes, News and Notes from the July 12th, 2007 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 7:07 PM. Supervisor Jackson led us in the Pledge to
the Flag.
On roll call members present were: Councilwoman LaPine, Supervisor Jackson,
Councilman Wrisley, Councilman Sayward and Councilman LaForest was absent.
Also present were Lois Sayward, Jim Morgan, Highway Superintendent and Audrey
Hoskins, Town Clerk.
Visitors included Rose Fine and Janice Moran.
Supervisor Jackson asked for a moment of silence for Grace Doyle and Dick Foley.
Supervisor Jackson greeted the visitors and offered the courtesy of the floor.
Rose Fine stated she has contacted Fred Buck, Superintendent of DPW and
asked about having the speed limit on the Lakeshore Road reduced. She told him that the cars just whiz by her daughter Missy’s house and her dog was hit and killed last week. Mr. Buck told her she would have to contact the Town Board and they would have to approve a reduction in the speed limit. She also stated that Mr. Buck said the Town would have to contact DOT. Supervisor Jackson stated that the Town has not had very
good luck in getting speed reduced. Supervisor Jackson said they would try, but not to get your hopes up because DOT is very reluctant to reduce set speed limits. The speed
limit is 55 mph. but is seem everyone goes much faster.
Councilman Sayward suggested the State Police be asked to do a speed check on the
Lakeshore Road. Supervisor Jackson said he would ask Dave Lansing to talk with
Kathleen about a speed check.
Motion made to approach DOT about reducing the speed on the Lakeshore Road by
Councilman Wrisley. Seconded by Councilwoman LaPine. Roll call: Councilwoman
LaPine-yes, Councilman LaForest-absent, Supervisor Jackson-yes, Councilman Wrisley-
yes and Councilman Sayward-yes.
Councilwoman La Pine voiced concerns about the Traffic at the Ferry Dock. She asked
about lights that could be activated when the ferry is docked and traffic is exiting the dock Councilman Sayward stated DOT would not put in a stop light on a State road. The best we could get is a caution light. Supervisor Jackson said that with the expansion at the ferry dock it will alleviate some of the traffic problems. This will occur within the next 2 years. Supervisor Jackson stated he had spoken with Russell Fox their engineer
and when the project at Cumberland Head is done they will be looking at Essex.
Janice Moran stated that she felt the front of the Town Hall looked awful with all weeds
in the flower bed. Supervisor Jackson stated that the Beautification Committee usually
takes care of the beds and has told Supervisor Jackson that they were going to weed. This year the Committee has not been as active since Susanne Pearly left Essex.
If the weeding isn’t done Supervisor Jackson said he would get Kevin Sayre to weed
whack.
Motion to approve the June 14, 2007 Board Minutes with corrections made by
Councilwoman LaPine. Seconded by Councilman Wrisley. Roll call: Councilwoman
LaPine-yes, Councilman LaForest absent, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Motion to approve June 25th Special Board Minutes made by Councilman Sayward. Seconded by Councilman Wrisley. Roll call: Councilwoman LaPine-yes, Councilman
LaForest-absent, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman
Sayward-yes.
Planning Board Meeting June 21, 2007 summary.
Public Hearing held for Robert and Patricia Rowe – Minor Subdivision on Jersey St.
Permit was given.
Lars Kulleseid, Essex Farm – Minor Subdivision on Rt. 22, application was reviewed and
a Public Hearing was set for July 19, 2007.
Craig and Teddi Jones – application for a mobile food vending unit/hot dog cart on Main St near LCT Ferry dock- application was reviewed and Public Hearing set for July 19, 2007.
Rich and Sarah Wright – site plan review- application was reviewed and Public Hearing set for July 19, 2007.
Public concern was voiced in regards to the Old Dock Restaurant noise discussed.
Zoning Officers Report:
From June 13 to July 11, 2007 I have issued the following permits:
· 6-25-07 building permit to Lewis Family Farm for residence at corner of Whallons Bay Road and Clark Road [$50.00]
· 6-25-07 Three building permits to Lewis Family Farm for 3 single family dwellings on former Carolyn Walker lot. [$150]
· 6-29-07 septic permit issued to Mike Feeley at 237 Daniels Road [$40.00]
· 7-09-07 building permit issued to Sam A. Sayward for renovations at 2059 Jersey St. [$20.00]
· 7-10-07 building permit issued to Steve Feinbloom for barn renovations at 60 Ferris Lane [$50.00]
· 7-10-07 zoning permit issued to Mark Hall for garden shed [$20]
7-11-07 building permit issued to Donna Haynes for swimming pool at 17 Reynolds Road [$50]
I continue to make on-going inspection of current projects.
Respectfully submitted, David S. Lansing
Councilwoman LaPine questioned the permits issued to Lewis Family Farm, since APA
did not issue permits. Supervisor Jackson said it was different for the Town if
you are agricultural you only have to meet the set backs. Councilwoman LaPine asked if the
permit was issued for single family dwelling how could Mr. Lewis turn it into a dormitory. Supervisor Jackson said he would have to see how permit was written if it was changed from single family to a dorm a change of use permit would be required.
Councilman Wrisley asked if it needed to go before the Planning Board and Supervisor
Jackson stated not for farm use.
Motion to accept Zoning Officer’s Report and Planning Board Report made by Councilwoman LaPine. Seconded by Councilman Sayward. Roll call:
Councilwoman LaPine-yes, Councilman LaForest- absent, Supervisor Jackson-yes,
Councilman Wrisley-yes and Councilman Sayward-yes.
Supervisor’s County Report:
Radio system built in the 1950’s is having more and more problems. The upkeep for
the system is costing more and more. A new system is going to be expensive and
do not know how the County is going to be able to fund the project it unbelievably
expensive. Supervisor Jackson stated he had high hopes for the State Wireless Network
but after further investigation this system has problems and more costs than first thought.
Supervisor Jackson stated that the more research he does the more discouraged he
becomes.
George Daly, Safety Officer at the County has left this position for a better paying job.
The Board of Supervisors are discussing what to do about this position. They are looking
at different options.
Correspondence:
Received letter from Rob Ivy on closure of Rural Development office in Plattsburgh.
Supervisor Jackson feels this will be bad for us. They want to move the office to
Greenwich which is near Albany. Moving Rural Development to the city does not
make sense.
The County will have a Hazardous Waste day on August 11, 2007.
Nick Muller wrote a letter concerning vending carts in the Town. He feels this is an
issue the Town needs to investigate since it is not in the local ordinance. Councilman Sayward questioned the statement in the letter saying that since nothing could be found in the ordinance on mobile vending carts that it could not be permitted. Supervisor Jackson
stated the Planning Board is holding a Public Hearing on the vending cart issue so the Planning Board couldn’t have denied it. Councilman Sayward state this doesn’t make sense.
Unfinished Business
Building Codes- Local Law: Councilman Sayward asked about changing the law, what
control do we have in making changes. Supervisor Jackson stated that the old local laws would have to be changed to coincide with the updated state laws. Supervisor Jackson will try to arrange for a Public Hearing in August before the Town Board Meeting at 6:30 pm.
Employee Manual was discussed and more changes we implemented and Supervisor
Jackson will print a new draft for the Board to review before our August meeting.
Library Chimney: Supervisor Jackson told the Board that he has tried to get a hold of John Podmore and John King. He was unable to reach either person. Dave Lansing has found a third person who does chimneys. The pipeline needs to be replaced and the furnace cleaned. Supervisor Jackson said that the amount of work needed will be determined after a camera is dropped down the chimney. Jonathan Pribble will let the town borrow his camera. Supervisor Jackson said he would like to get three estimates for
the chimney work.
Water District: We did not receive our paperwork from Bill Kissell. Supervisor Jackson stated he had drafted a resolution and had sent it to Bill Kissell. Mr. Kissell said it was not worded correctly and he would send the paperwork that should be used. He did not.
Outdoor Furnaces: Supervisor Jackson spoke with Dave Lansing and he feels that it is very good law with plenty of teeth but not overly burdensome. Councilman Sayward felt that the Board should take a closer look at the set backs. The set back issue was discussed. There was also a discussion of outlawing outdoor furnaces in the Hamlet. Supervisor Jackson said one of the major problems with outdoor furnaces was that anything will burn in them and so people will burn everything in them. Supervisor Jackson said that any local law would require a Public Hearing. Councilman Wrisley asked how to get ready for a Public Hearing. Supervisor Jackson said the law would need to be worded the way they wanted. Distribute the law to the public. Advertise in the paper and have a Public Hearing. Nothing is passed until after the Public Hearing. You then make changes or not. Then it is voted on to be passed or not.
The Board had a discussion on whether or not burn barrels had been banned. Supervisor
Jackson said he would check on this with the State.
Supervisor Jackson said he would retype the Outdoor Furnace Law and then the Board
could have further discussion next month. Councilman Sayward stated he would like to
see action taken now. Councilwoman LaPine asked who would judge if the furnace
emissions interfere with the reasonable enjoyment of your property. These are judgment calls. Supervisor Jackson said the Code Enforcement Officer would make these judgment calls. Councilman Sayward stated this would be just to suspend the
permit for a furnace already in use. Supervisor Jackson will retype the law and send a copy to Joe Catalano for review. We can review this at next month’s meeting and if everyone is agreement we can set a Public Hearing date.
Legion Hall: There has been no changes sine last month’s meeting. Lauren Murphy will be handling ECHO’s side of project. Todd Goff still needs to call people and have at least a phone meeting. He has all the paper work from Lou Comeau. Supervisor Jackson said that until Todd has a meeting the Town can not proceed. Councilman Sayward was
concerned with the statement in the ECHO newsletter stating they were going to lead the job as Project Manager. Supervisor Jackson assured Councilman Sayward that they are not the Project Manager. The Project Manager is Janet Null and she is also the architect. ECHO is the go between on the Project; if anything is questioned they will check with Supervisor Jackson or Janet Null. Councilwoman LaPine wanted to know if ECHO understands this. Supervisor Jackson said he had gone over it with them and it would be put in writing.
Wastewater System: We have the appraised valuation of the Cunnion property.
Supervisor Jackson said he would find out exactly what ECHO paid Doug Peden.
Supervisor Jackson said he is getting nervous about Federal Funding. Nothing has
happened in two months. The House has not named conferees. The new leadership
does not seem very organized. They have only passed three bills this year if you take
out naming Federal Buildings. Supervisor Jackson has written to Senator Clinton’s office
with his concerns. He became more concerned after he called Congressman McHugh’s
office.
Lewis Family Farm Lawsuit update: We filed paperwork to get our lawsuit moving again since the Lewis Family Farm is not interested in negotiating. They are scheduled to be here July 25, 2007 at 10 AM to give a deposition to our lawyers. The Lewis Family Farm is involved in a law suit and a counter lawsuit with the APA. Supervisor Jackson feels this may delay his lawsuit with us. Supervisor Jackson told Mr. Harp we need to get our
lawsuit moving forward since we are fast approaching winter. Mr. Harp has written a letter and feels there is no impediment to the case moving forward to a permanent injunction.
New Business
The moving of the USDA Rural Development office was discussed earlier in the meeting
and the following resolution was reviewed and presented to the Board
RESOLUTION #11 of 2007
July 12, 2007
THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN SAYWARD, WHO MOVED ITS ADOPTION.
WHEREAS, The Town of Essex believes that easy access to programs such as the USDA Rural Development is important to Essex and other Towns, Cities and Counties in the North Country; and
WHEREAS, the Town of Essex believes that by it’s very name, USDA Rural Development is meant to help the rural people of America; and
WHEREAS, the Town of Essex believes that this help can best take place when the agency giving the help is nearby, not in a more distant city; therefore
BE IT RESOLVED that the Town of Essex supports the continuation of the USDA Rural Development Office in Plattsburgh, New York.
THIS RESOLUTION WAS DULY SECONDED BY COUNCILMAN WRISLEYAND WAS ADOPTED.
ROLL CALL:
Jackson____YES
LaPine_____YES
Sayward____YES
Wrisley_____YES
LaForest____ABSENT
Prepay for Justice Court Conference September 30 – October 3, 2007 was discussed. Judge Kupperman is Vice President of the County Association and has been selected as the Delegate of the Essex County Magistrate’s Association. The cost to the Town is
$336.00 and the State will pay $114.00 for a total of $450.00. Motion to pay $336.00
for conference made by Councilman Sayward. Seconded by Councilman Wrisley. Roll
Call: Councilwoman LaPine-yes, Councilman LaForest- absent, Supervisor Jackson-yes, Councilman Wrisley –yes and Councilman Sayward-yes.
BRASS contract was budgeted for $750.00. Motion made to sign contract by
Councilman Sayward. Seconded by Councilwoman LaPine. Roll Call: Councilwoman
LaPine-yes, Councilman LaForest-absent, Supervisor Jackson-yes, Councilman
Wrisley-yes and Councilman Sayward-yes.
Councilman Wrisley asked what is the status of BRASS. Supervisor Jackson stated that they are out of the water business. Our water samples are taken to Elizabethtown and sent to Life Science out of Northern NY. Susan Kennedy from the DOH is very happy we are using Life Science because the reports are very timely now. BRASS had many
problems with their testing.
Fire Department contract was budgeted for $1000.00 to help defray the cost of the Fourth of July celebration. Motion made to sign Essex Fire Dept. contract by Councilman Wrisley. Seconded by Councilman Sayward. Roll Call: Councilwoman LaPine-yes, Councilman LaForest-absent, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Fund Transfers:
$5000 from A1990.4 (Contingent) to A1420.4 (Attorney)
$200 from A1990.4 (Contingent) to A8010.4 (Code Enforcement)
$500 from A1410.4 (Town Clerk) to A1330.4 (Tax Collector)
$500 from DA5110.4 (Highway General) to DA5112.4 (Signs)
Motion made to approve transfers as listed by Councilwoman LaPine. Seconded by Councilman Sayward. Roll Call: Councilwoman LaPine-yes, Councilman LaForest-
absent, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Supervisor Jackson told the Board that the North Country SPCA has requested permission to sell 50/50 raffle tickets in Essex. Motion made to sign Raffle Consent Form by Councilman Sayward. Seconded by Councilwoman LaPine. Roll Call:
Councilwoman LaPine-yes, Councilman LaForest-absent, Supervisor Jackson-yes,
Councilman Wrisley-yes and Councilman Sayward-yes.
Supervisor Jackson asked the Board what the percentage for raises should he use this year for the budget. The Board decided to start at 3%.
Councilwoman LaPine asked who would you contact about the food imported from
China. Councilman Sayward said there is a movement to get food labeled as coming
from China. Supervisor Jackson said he was going to do more freezing and canning this year. Supervisor Jackson said to write to our State and Federal Representatives.
Committee Meetings: No meetings were scheduled.
Discussion of Bills:
General $ 4729.84
Wrights Inn 230.17
Water 6028.71
Lake Street Wall 137.00
Street Lights 559.00
Transfer Station 1850.48
Highway 66532.50
General Prepay 233.44
Water/Lights Prepay 219.04
Transfer Station Prepay 198.37
Motion made by Councilman Wrisley to accept bills as presented. Seconded by Councilman Sayward. Roll Call: Councilwoman LaPine-yes, Councilman La Forest-
absent, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Town Clerk’s Report: Motion to accept Town Clerk’s report as presented made by Councilman Wrisley. Seconded by Councilman Sayward. Roll Call: Councilwoman
LaPine-yes, Councilman LaForest-absent, Supervisor Jackson-yes, Councilman
Wrisley-yes and Councilman Sayward-yes.
Water Rents: Motion to accept Water Rents as presented made by Councilman Sayward. Seconded by Councilman Wrisley. Roll Call: Councilwoman LaPine-yes, Councilman
LaForest-absent, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Supervisor’s Report: Motion to accept Supervisor Report made by Councilman Wrisley.
Seconded by Councilman Sayward. Roll Call: Councilwoman LaPine-yes, Councilman-
LaForest-absent, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman
Sayward-yes.
The Planning Board received another letter from G. Alan Wardle with complaints
about the live music at The Old Dock House. Supervisor Jackson stated that Craig and Jen Jackson who live across from The Old Dock House said the music was good and they enjoyed it.
Meeting adjourned at 9:32 PM.
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