Minutes, News and Notes from the August 9th, 2007 Town Board Meeting:
you may also get full, approved copies of the minutes by visiting the Town Hall
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Meeting called to order at 7:05 PM. Supervisor Jackson led us in the Pledge to the Flag.
Supervisor Jackson asked for a moment of silence for the victims of the Minnesota Bridge collapse and hope for Utah miners.
On roll call members present were: Councilwoman LaPine, Councilman LaForest, Supervisor Jackson, Councilman Wrisley, and Councilman Sayward. Also present were Jim Morgan, Highway Superintendent, and Audrey Hoskins, Town Clerk. Visitors included Jonathan Pribble.
Supervisor Jackson offered the courtesy of the floor and reminded everyone of the Hazardous Materials Day August 11, 2007.
Motion to approve minutes of July 12, 2007 Board Meeting with corrections 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.
Planning Board Report. No report received. Councilwoman La Pine attended the meeting and stated the vending/hot dog cart was the main topic discussed. Supervisor Jackson stated that a call has been made Mr. Catalona to review this part of the law. Supervisor Jackson informed the Board that someone is selling ice cream at Beggs Park. Dave Lansing trying to track down the person to make sure they have the required health certificate.
Zoning Officer’s Report:
From July 12 to August 9, 2007 I have issued the following permits:
· 7-27-07 Certificate of Occupancy #CO-707 to George Hearn of 118 Middle Road [N/C]
· 8-6-07 Permit # A-708 to Leaveners for septic system at 1447 NYS Route 22. [$40.00]
· 8-7-07 Building permit # A-709 to Michael McShane for garage at 1880 Jersey St. [$128.80]
· 8-7-07 Zoning permit #Z-272 to Michael McShane for garage at 1880 Jersey St. [$20.00]
8-8-07 Permit #A-710 to Lewis Family Farm for septic system at residence occupied by Turco family on Cross Road [$40.00]
Over a period of time, Mike Hance of Sayre Road, has been operating a vehicle reclamation business. He has been asked several times to apply for a permit. Today I issued an order to remedy to David Hance, the property owner, to stop business until a permit is issued.
My next option will be to inform the A.P.A. that the project is in our Agriculture Zone and in A.P.A. Rural Use.
I continue to make on-going inspection of current projects.
Respectfully submitted, David S. Lansing
Supervisor’s County Report:
The NCCC budget was slightly over one million dollars for last year. This year it is one million ninety-five thousand dollars. One million twenty thousand for operating. Seventy-five for capital. Salaries were up 3.2% overall. This included 2 new positions.
Timber will be cut on Cook Road . Jim Pierce says that the last time it was logged was in 1991. Supervisor Jackson is sure that it has been logged since then. Jim Morgan stated he thinks Bill Pulsifer logged it in 1994. The cutting of the timber has gone to bid.
The County did a resolution opposing the closing of the Plattsburgh Rural Development Office. Gillibrand’s office called and they will try to help stop the closing. Senator Clinton’s office wrote a letter to Department of Agricultural opposing the closure.
Correspondence:
Assemblywoman Teresa Sayward will be here tomorrow, August 10, 2007 from 4 to 6 PM. She will be here to meet with the community to answer questions and help solve problems.
David Murcray handed in his letter of resignation. He was employed at the Highway Department. He had 20 ½ years with the Town. He has accepted a job at Horace Nye Home in Elizabethtown. He will be eligible to retire at 55 and receive his insurance.
Pumphouse funding: We have our initial letter request filled out. Susan Kennedy, Todd Hodgson and Vic Putman met and filled out the first letter form and sent it in. Then in December more forms will be sent in and by April we should hear if we are going to receive the funding.
Tina Mitchell has applied to become a member of the Youth Commission. Motion to approve Tina Mitchell as Youth Commission member 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.
Supervisor Jackson informed the Board that the first bond ( SRF Project # D0-15920) on the extension has been paid in full.
Supervisor Jackson stated that a new invasive algae has been found in Vermont and Quebec rivers. It is Didymo or “rock snot” and it is not harmful to humans but is harmful to our lakes and rivers.
Unfinished Business: Building Codes are still being worked on by Dave Lansing.
Employee Manual: New page three has been handed out. It reflects the changes we discussed for grammar and spelling corrections. The rephrasing to avoid gender. Motion made to adopt the changes to Employee Manual 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.
Outdoor Furnaces: Supervisor Jackson inserted the Town of Essex in place of Chesterfield and made the other changes discussed at last month’s meeting. Councilman Sayward questioned whether not we had the permit forms. Supervisor Jackson said no, but he would get a copy of Chesterfield’s permit. Supervisor Jakson said the next step is to approve a Public Hearing. After the Public Hearing we make the final approval of the law. Then publish the ad and have the Public Hearing. Motion to have Public Hearing made by Councilman LaForest. Seconded by Councilman Sayward. Councilman Wrisley informed the Board that the State is coming out with new emission control and standards for outdoor furnaces. Councilman Wrisley feels we should set our stands to the State standards. Councilman Wrisley talked with a dealer ands the dealer told him that he allowed to sell the furnaces he has on his lot. Any furnaces ordered must meet the new State standards. Roll Call: Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes. Public Hearing set for 9/13/07 at 6:30 PM before regular Board Meeting.
Wastewater System update: Update on the Pataki million dollars. We received a letter from Vic Putnam stating one of the engineers contacted DEC and we are suppose to get paperwork for the million dollars shortly. The House finally appointed its conferees and they met with the Senate conferees. The House has approved the conference report. Waiting for Senate approval, the secretary has not brought it forward yet. Then it will go to the President for signature. Supervisor Jackson has been assured that once this takes place it will be in next year’s budget. Supervisor Jackson feels we should not go to bid until we are actually funded. Councilman Sayward asked if there is any further news on the Cunnion property. Supervisor Jackson said he sent the assessment to Steve Cunnion along with the tax map drawing. We have e-mailed back and forth Mr. Cunnion wanted to know what ECHO paid for the Pedan property. It was exactly the same amount. Councilman Sayward asked if we need a survey. Supervisor Jackson said when we get to that point we will need a survey. Then we need to get an agreement with ECHO for easement for access. Then we will have to have a Public Hearing. Councilman Sayward asked if we need to wait to have a Public Hearing. Supervisor Jackson said we need to make sure that Mr. Cunnion is going to sell us the lot.
DPW: Supervisor Jackson received the information from Willsboro on the formation of their DPW. He asked the Board to read the information and then it will be discussed at next month’s meeting. Jim Morgan, Highway Superintendent is in favor of the DPW. Supervisor Jackson feels it will make thing easier. The Highway crew does work that should come out of General Fund. Right now it comes out of Highway budget. The only one billed is Transfer Station. Supervisor Jackson stated that it will make the mowing easier. Councilman Sayward said Water/ sewer and everything else down the road will be easier. Supervisor Jackson did some rough figure for new position. Base would be just under 30 thousand and figuring overtime the base salary would be 31 thousand. Then add health, shoes, clothing, social security, retirement, and disability it comes up to almost 47 thousand dollars. ½ time would be less. By combining some positions you could have 13 thousand dollars and would still need 34 thousand dollars for a full time position.
Lewis Family Farm Lawsuit we will need to go into executive session to discuss this.
Councilwoman LaPine questioned why Don Christian was mowing the Fire House lawn at 9:30 in the morning. It was her understanding that this was done in their off time. Jim Morgan, Superintendent of Highways stated that he had very little for Don to do that day and instead of having him sit around doing nothing he sent him to mow. Councilwoman LaPine asked why couldn’t he mow here for us. Supervisor Jackson said you can’t count on their being slow days. This is one of the reasons for a DPW. Supervisor Jackson asked Councilwoman LaPine to talk with the people in Willsboro about the DPW. He also suggested she talk with Teresa Sayward.
Councilman Sayward questioned the unregistered boats in Whallons Bay. He said at least two Vermont boats were there. Supervisor Jackson will check with Stan Tuller, Dockmater about the boats. Jonathan Pribble said if it was a large red sail boat it belonges to the Turos and they had just purchased it.
Councilwoman LaPine asked Supervisor Jackson if we ever received the money that Susan Pearly applied for. Supervisor Jackson said he had e-mailed her several time and has received no response.
Councilman Sayward asked if Fuller has sent his final bill. Supervisor Jackson said he would check but he thinks we have made our final payment.
New Business:
Resolution # 12 Multi-Modal agreement. Motion made giving Supervisor Jackson to
Sign agreement. Seconded by Councilman Wrisley.
RESOLUTION #12 of 2007
August 9, 2007
Authorizing the implementation, and funding in the first instance of the State Multi-Modal program-aid (and State administered federal program aid) eligible costs, of a capital project, and appropriating funds therefore.
THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN SAYWARD, WHO MOVED ITS ADOPTION.
WHEREAS, a Project for the Roadway Retaining Wall Reconstruction: Lake St (AKA Beggs Point St.) Town of Essex, P.I.N. S4267 (the project) is eligible for funding (under Title 23 U.S. Code, as amended, and) New York State’s Multi-Modal Program administered by the NYS Department of Transportation (“NYSDOT”); and
WHEREAS, The Town of Essex desires to advance the Project by making a commitment of advance funding of the non-local share of funding of the full local share of the costs of the project; and
RESOLVE, that the Town Board hereby approves the above-subject project; and is hereby further
RESOLVED, that the Town Board hereby authorizes the Town of Essex to pay the first instance 100% of the federal and non-federal share of the cost of the Preliminary Engineering and Constructed work for the Project or portions thereof; and it is further
RESOLVED, that the sum of $157,400.00 (One hundred fifty seven thousand four hundred dollars and no cents) is hereby appropriated from the General and Highway Funds and made available to cover the cost of participating in the above phase of the Project; and it is further
RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Town Board of the Town of Essex shall convene as soon as possible to appropriate said excess amount immediately upon notification by the New York State Department of Transportation thereof, and it is further
RESOLVED, that the Town Supervisor of the Town of Essex be and is hereby authorized to execute all necessary Agreements, certifications or reimbursements requests for Federal Aid and/or Multi-Modal Program Funding on behalf of the Town of Essex with NYSDOT in connection with the advancement or approval of the project and providing for the administration of the project and the municipality’s first instance funding of project costs and permanent funding of the local share of the federal-aid and all Project costs that are not eligible, and it is further
RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further
RESOLVED, this Resolution shall take effect immediately.
RESOLVED, that a Certified Copy of this Resolution be filed with the Commissioner of Transportation of the State of New York by attaching it to any required and/or appropriate Agreements executed in connection with the Project between the Town of Essex and the State of New York; and it is further
RESOLVED, that this Resolution shall take effect immediately.
THIS RESOLUTION WAS DULY SECONDED BY COUNCILMAN WRISLEY AND WAS ADOPTED.
ROLL CALL:
Jackson YEA
LaPine YEA
Sayward YEA
Wrisley YEA
LaForest YEA
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Audrey Hoskins Town Clerk
There is a small problem with Peerless insurance company, which our agent Upstate Agency
is trying to work out. They want the title to the new truck. Supervisor Jackson talked with Upstate and told them we can’t get the title until we pay for the truck. Supervisor Jackson said it would be a hardship for the Town to pay for the truck out of our budget. Upstate Agency is trying to work out the problem with Peerless.
Supervisor Jackson explained we will save approximately $5,500 by going with the lease. The Insurance company may write the check to MA Jerry and if they do this we will not save any money, since we will not be able to take advantage of the lease. Motion to give permission to sign lease agreement 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.
Councilman Sayward asked if this included the plow. Supervisor Jackson said no the plow was separate and ordered from Viking.
Supervisor Jackson received the forms form Fred Buck for request of speed reduction for Couchey Hill. Motion made to give permission to sign speed reduction request by Councilwoman LaPine. Seconded by Councilman LaForest. Roll Call: Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-no.
The wrecked truck was discussed and it was decided that it will be declared surplus and advertised for sale. Motion to declare wrecked truck surplus was 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.
Special Board Meeting was set for August 23, 2007 at 7 PM. Bids will be opened on this date and approval of Jim Morgan’s candidate for the Highway Department.
Supervisor Jackson informed the Board that he has done research on the cost of playground equipment. Dan Connell, Supervisor for Town of Westport told him that the playground in Wadhams cost about $15,000 and the one at Westport Beach cost about $40,000. This is only for the equipment. There are further expenses for the area the play ground equipment is set up on. It can not be set on grass. It can be set on sand, recycled tires or engineered bark. Westport applied for its grant from John Albert. They did all the work 3 years ago and still have not received a penny from the grant. Supervisor Jackson will check to see if there are any other grants available to use for the playground. Supervisor Jackson asked the Board Members to take a look at the Wadhams and Westport playgrounds and they will have further discussions at next month’s meeting.
Willsboro Local Law 2 of this year was handed out to the Board. The Law is for required training of the Planning Board and the Zoning Board members which the State now requires. We will go over this at next month’s meeting after you have gone over the law Willsboro passed.
Motion made to go into Executive session at 7:55 PM for legal matters 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 made to exit Executive session and return to the Regular Board Meeting at 8:08 PM 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 hire an expert witness in the Lewis Family Farm Lawsuit by Councilman Wrisley. Seconded by Councilman Sayward. Roll Call: Councilwoman LaPine-yes, Councilman LaForest-no, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman
Sayward-yes.
Abstract #7 General Fund will need to be amended. Voucher #215 – 2007 State Magistrate Conference should have been for $50.00(deposit only required) not the entire amount of $336.00. The new balance for the General Fund for 7/12/07, abstract #7 is $4443.84 Motion made to amend abstract #7 dated 7/12/07 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.
Discussion of Bills:
Water/Lights Prepay $ 110.58
General Prepay 565.39
General 13,621.23
Highway 8,071.67
Water 5,976.66
Street Lights 559.00
Transfer Station 6,674.13
Cultural Grant 109.17
Supervisor Jackson requested a one minute recess. Back in session at 8:11 PM.
Councilman Sayward asked the reason for installing a phone in the Grange Hall. Supervisor Jackson said it was for emergencies since we are renting the Grange for public events. It will be used at election time. The phone is not left at the Grange when not in use. Supervisor Jackson felt this is a must since we are renting the Grange to different organizations. Supervisor Jackson will check to see if there is a way to save money in the winter when Grange is not is use.
Councilman Sayward questioned the purchase of a computer for the Historian. Supervisor Jackson explained the money came from the Bicentennial Fund. This money was to be used for a new computer since she had done so much for the them. The Historian was told she could purchase the computer out the Bicentennial Fund. It was about $3200 and it was put in General Fund for the purpose of purchasing a computer for the Historian.
Councilwoman LaPine voiced concerns about our budget and the money being spent when we haven’t received grant monies we have applied for.
Motion made to accept bills as presented by Councilman LaForest. Seconded by Councilman Wrisley. Roll Call: Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson- yes, Councilman Wrisley-yes, and Councilman Sayward-yes.
Town Clerk Report
Motion made to accept Town Clerk Report as presented by Councilman Sayward. Seconded by Councilwoman LaPine. Roll Call; Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Water Rents
Supervisor Jackson stated he has been trying to get a hold of Gilbert Belzile. The Olsen’s are here and he hopes Gilbert will get their meter installed. We still need meters installed at Alan Gardner’s and John Mesick.
Motion made to accept Water Rents as presented 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.
Supervisor’s Report
Motion made to accept Supervisor’s Report as presented 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.
Moved by Councilman LaForest to adjourn the meeting at 8:40 PM. Seconded by Councilman Wrisley.
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