Minutes, News and Notes from the October 11th, 2007 Town Board Meeting:
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 7:05 PM.
Supervisor Jackson led us in the Pledge to the Flag. Supervisor Jackson asked for a moment of silence for Mary West.
On roll call Board members present were: Councilwoman LaPine, Councilman LaForest, Supervisor Jackson, Councilman Wrisley and Councilman Sayward. Also present was Dave Lansing, Code Enforcement Officer and Audrey Hoskins, Town Clerk.
Visitors included: Gerard Prudhomme, Barbara Page, Mary Wade, Amanda Perez, Bob Burley, Pat Burley, Miriam Lane, Donna Lou Sonnett, Eileen Kelly and Susan Prudhomme.
Supervisor Jackson greeted the visitors and offered the courtesy of the floor.
Lauren Murphy was not present at the meeting. Supervisor Jackson gave a brief summary of the the Legion Hall, which Lauren was going to present to the Board. We now have the deed to the Legion Hall and plans can move forward for this project.
Susan Prud’home representing the Commerce Committee presented a signed petition to the Board requesting $3500 to be used to help fund their marketing plan for the Town of Essex in the 2008 season. Susan explained that the Commerce Committee wanted
to market the Town as a Destination for tourists. They want to set up a website and have better signage in the Town of Essex. Susan also said there were grants that the Town could apply for that could be used to market the Town, and that they have found someone who could write the grants. A number of business owners spoke in favor of the marketing plan and more signage. Supervisor Jackson asked what phone number he could give to people who called requesting information on the Town. Susan said that he could give her phone number to people calling and requesting information on the Town. Her number is 963-1197. Supervisor Jackson thanked Susan for her presentation and said the Board would take the request under consideration.
Motion made to approve the September 13, 2007 Regular Board Meeting minutes made by Councilwoman LaPine. Second by Councilman Wrisley. Roll call: Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-
yes and Councilman Sayward.
Councilman LaForest asked if anyone knew what the subdivision on Walker Road was going to be used used for. Supervisor Jackson said he would check with the Planning Board for more information on the sub-division
Motion to approve October 2, 2007 Special Town Board Meeting- Line by line Tentative 2008 Budget made by Councilman LaForest. Second by Councilwoman LaPine. Roll call: Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Town of Essex Planning Board Meeting - Summary for Town Board September 20, 2007 - 7 p.m.
· A public hearing occurred for Kathleen Ginn and Patricia Tivnan Site Plan Review to demolish their existing house and rebuild a new house located in the Crater Club; Permit was approved.
· Michael & David Hance Special Use Permit to have a vehicle reclamation business at 25 Sayre Rd. Items were missing from Applicant’s application. Mr. Hance will be made known of missing items via letter from the Planning Board. The Applicant was absent from the meeting so further discussion was tabled until applicant is present.
· Frederick Jr. & Cynthia Palen Site Plan Review. 67 Wild Acres Way, Crater Club. The Applicant proposed renovations to their camp. Their Application was reviewed and a Public Hearing was set for October 18, 2007.
· Susan Bacot-Davis & George Davis Site Plan Review 2783 Essex Rd. Rehabilitation of the foundation of their dock house was approved as a repair under Applicant’s existing permit they would also like to put up a fence in front of their property and remove the stairs leading to the boathouse and replace them with wooden stairs. A public hearing will be set in the future.
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· Michael Kempster Site Plan Review for renovations of two-story home. The Application was reviewed and a Public Hearing set for October 18, 2007.
Zoning Officer’s Report
Dear Board Members:
From September 13, 2007 to October 10, 2007 I have issued the following permits:
· 9-13-07 Building permit to John Doyle for renovations at 2268 Lake Shore Road, (former Shirley Estus residence now owned by Chick Jordan) [$50.00]
· 9-19-07 Three septic permits for Lewis Family Farm, 52 Christian Road [$120.00]
· 9-20-07 Demolition permit to Scotty Ginn, 25 Derby Way (Crater Club) [$40.00]
· 9-20-07 Building permit to Scotty Ginn, 25 Derby Way [$272.00]
· 9-21-07 Building permit to Claus Shigley for renovations at 2892 Essex Road
· 9-21-07 Building permit to Claus Shigley for deck at 2892 Essex Road
· 9-26-07 Building permit to Mike Olsen for renovations at 2732 NYS Rt. 22 [$30.00]
I continue to make on-going inspection of current projects. Respectfully submitted, David S. Lansing, Code Enforcement Officer
Supervisor’s County Report
We received a letter thru Cliff Donaldson, Essex County Manger, from Central Champlain Valley Trail Committee. Their goal is to establish a hiking trail a loop from Westport hamlet to Essex hamlet and back. This will be done in pieces and it is anyone’s guess if they will be able to accomplish it. It is tentatively planned to go across the County owned woodlot in Essex, just above the border with Black Kettle Farm. Supervisor Jackson walked the area with Jamie Phillips and Chris Merrick. They discussed the possibilities. It was requested that eight specific trees not be logged and the County Board agreed to this request. The County Board has not voted on the trail and will not until the County Attorney has an answer on liability issues. Supervisor Jackson has the map of the proposed trail if anyone wishes to look at the map.
The new Jail and the Public Safety building are open. The dispatch part of the building is not open. The hold up is phone lines and they hope to have this taken care of and moved in by December. The State Police have not moved in yet. Supervisor Jackson believes they start paying rent in January. Old jail is officially closed for prisoners. Dispatchers are still located in part of the old jail.
Correspondence
The petition we received from Meredith Parsons was sent on to Mark Bonfy. Mr. Bonfy sent back a letter in which Bill Poppino had made the same request. Supervisor Jackson responded to Ms. Parsons with this information and she responded back thanking him and saying they will try again.
We are waiting for a signature on the contract for Pataki million grant, for President Bush to sign bill for the sewer, and for a signature from someone in DOT on multi modal grant.
Barbara Lewis sent in a letter requesting to name the road serving the new houses they are building to be named Bridge Way. The County was happy with the name.
Board of Assessment review sent a letter to Bernard Miller on the Kupperman hearing. They felt that they should have been at the review.
A letter was received from June Lawrence asking if the culvert in front of the Town Hall could be fixed. This culvert is going to be repaired next week or the week after by the County DPW. They also will repair the one on the end of the intersection with Beggs and Church Street.
We received a letter from Security Concepts regarding testing of our phone line and the alarm system on a weekly basis at a charge of $55 a year. Councilman Sayward asked how often it is checked now. Supervisor Jackson said it is tested once a month. Board
members requested more information and Supervisor Jackson will call the company and get a detailed list of what they check now and how the new plan will be different.
Unfinished Business
Legion Hall deed is officially now in the Town’s name. We will have a phone conversation with Janet Null and hopefully proceed with the project.
Building Codes: Dave Lansing is satisfied with the the new codes, which makes us compliant with NYS building codes. Dave told the Board that he has received the new code books.
Outdoor Furnaces; after the public hearing Supervisor Jackson gave out copies of the information Roger Sayward gave him. Tony Leerke told Supervisor Jackson that after listening to Roger Sayward he felt that it would be a good idea for the Town to adopt a Law regulating Outdoor Furnaces. He also hoped that the Town would be a more benevolent enforcer, at least the first time and give people a warning and a chance to correct the problem. Supervisor Jackson spoke with Ed Bell of the DEC in Warrensburg today and the way they measure smoke density is not with any particular meter, but with a trained eye. The training is a two day course where you look at and judge the thickness and the opacity. There is no meter and the DEC has been to court and their rulings have been upheld. The next training course will be held in April. You then have to recertify twice a year. If between now and then the Board decides to do something, Dave Lansing has said he is willing to take the course. Dave Lansing said he felt this would be a step forward for the Town. He is also concerned with the health issues. Supervisor Jackson informed the Board that there are two laws on the Outdoor Furnaces in the legislature at this time. One to regulate the boiler it self and one to eliminate all open burning in the State.
Councilman LaForest stated that in Bangor, NY he saw one outdoor furnace with a low smoke stack with low hanging smoke. He also saw another one with a very high stack and there was no smoke. Councilman LaForest asked if maybe we should concentrate more on the smoke stack height and whether or not we want these furnaces in the Town. Councilman Sayward feels we need to have some kind of judgment but he doesn’t think we want to become furnace experts. He also feels if we have a decent law to enforce it alleviates the problem. Supervisor Jackson said that a lot of Towns are establishing emission standards for any new furnace. Ed Bell said the emissions standard is very important and if you have a good furnace that does not emit a lot of smoke the rest of it is not as important. Councilman Sayward disagreed with this, he said the operator and what he burns is very important and we have no control over this once you allow one to be put in. Councilman Sayward said he would like to proceed with the law stating we have no outdoor furnaces in the Hamlet. In the country they are fine as long as they are away from other people’s houses. Supervisor Jackson asked if we should put emission standards in and Councilman Sayward said “Not at all.” Supervisor Jackson disagreed with Councilman Sayward over the emission standards. Councilman Sayward wants to let the State set their own laws and enforce them. We shouldn’t expect David Lansing to be an expert. Supervisor Jackson agreed that he did not want them in the hamlet but that any new furnaces should have emission standards set for them. Councilman Sayward asked if these standards would apply to existing furnaces and Supervisor Jackson said they would when they were replaced. When replaced they would have to meet the standards. NYS is going to to give furnace owners a certain number of years for owners to meet the new standards. Councilman Sayward feels we should be involved in where these are located, the monitoring of the pollution and standards should be left to the State. Supervisor Jackson said the State has three laws, the opacity, the nuisance to your Neighbor and if you burn anything other than seasoned wood. Councilman Wrisley feels that standards are important in regulating the furnaces. He also has concerns about the height of the smoke stacks. Supervisor Jackson feels that all new installations should require stats from the manufacturer showing emission standards, which should be submitted with the application for a permit. Supervisor Jackson asked the Board members to read the law again and note any changes they feel is needed and get them back to him so that he have can a draft ready for our November meeting. Councilman Sayward asked that in the new draft fuels recommended by the manufacturer be added.
Wastewater update: The bill has been passed by both Houses of Congress. The bill was put on the President’s desk September 24, 2007. The law sits for ten days and he has the option to sign it, veto it or it becomes law without his signature. Supervisor Jackson checked on line before the meeting and there has been no action taken yet. Councilman LaForest stated it is not ten days from the time Congress sends it to the President, it is ten from the date it is recorded in the President’s office and it is very typical for it to sit awhile before it is recorded.
Lewis Family Farm lawsuits update: We have our court date is October 16, 2007 at 10 AM in the Schenectady Courthouse. Supervisor Jackson and Eugene Benway will testify. Jim Morgan, Superintendent of Highways affidavit will be presented as he is away. He asked if any Board members would like to go. There has been no official movement on Mr. Lewis’ lawsuit against us.
Playground equipment: Councilwoman LaPine will be the chairwoman of the committee. Councilwoman LaPine asked who else was going to be on the committee with her. Supervisor Jackson said Howie or Barbara Page, Craig or Jen Jackson, Barbara Kunzi and Leslie or George Hearn. Supervisor Jackson will send a letter to each person and Councilwoman LaPine will follow up with a phone call.
The Cold War Veterans exemption that Councilwoman LaPine brought to the attention of the Town Board last month is being looked at by the County Board of Supervisors. Supervisor Jackson suggested that the Town Board wait and see what the County is going to pass and then ask Mr. Manning for a Town version. We can then review it and decide what we are going to do.
New Business
We have received prices on a new copier from Lockrows. Supervisor Jackson gave each Board member a breakdown. We do not have to purchase a new one immediately. the old one is functiong, just not as well as it should. We do have to have them come frequently for repairs. We could probably get one more year, but no longer than that. Purchasing versus leasing was discussed. Councilman Sayward requested more information on optional features and their cost. Scanning and backup was discussed. The Board Members felt that another meeting was needed to further discuss in depth the subjects of scanning and backup for the Town’s computers. The Board decided that a Special Board Meeting to discuss internet technology and Building and Grounds should be scheduled. October 25, 2007 at 7PM was scheduled for this meeting.
County Ice and Snow contract: Jim Morgan, Highway Superintendent went over the Contract and it is exactly the same as last year. Motion made to approve Ice & Snow Contract by Councilman Wrisley. Second by Councilman Sayward. Roll Call: Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
We have received the proposal for the six year reassessment plan. We receive money which is so much per parcel. If the Board wants to reup thru the year 2011 we needa motion. Councilman Sayward asked if we agreed to keep it 100% of assessment. Supervisor Jackson stated this what we have always done. Councilman LaForeststated that it is reported at 100% every year but is not so. He is concerned that every Town is reported at 100%. Supervisor Jackson said the on this year’s report 5 Towns not reported at 100%. Councilman Sayward said that next year should be very interesting since property values have declined nationwide. He feels the Assessors need to be very aware of this fact. Motion to approve 6 year reassessment made by Councilman Wrisley. Second by Councilwoman LaPine. Roll Call: Councilwoman LaPine-yes, Councilman LaForest-No, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-abstain.
Agreement to prepay Real Property charges instead of doing chargeback. Councilman LaForest asked what was the advantage over a charge back. Supervisor Jackson stated if prepaid when you figure tax rate that is what it will be. If you do charge back the tax rate will be higher per thousand. Motion to prepay Real Property charges made by Councilman LaForest. Second by Councilman Wrisley. Roll Call: Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley- Yes and Councilman Sayward-yes.
Motion to hire Mark Mitchell as tempory wingman at the Highway for this winter made by Councilman LaForest. Second by Councilwoman LaPine. Roll Call: Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Councilman LaForest attended a Shared Municipal Services Incentives Conference and he explained what he had learned. Most of the grants are for research only. He said he would like to apply for a research grant to see what can be done with the Grange Hall, the Legion Hall and the upstairs of the Town Hall. Councilman LaForest said he is also working on an Art’s Council grant. This grant will be used for putting on a series of Square dances at the Grange Hall.
Councilman Wrisley asked if the Town has a policy on disposal of used oil. Supervisor Jackson said there is a tank at the Highway Garage and periodically it is pumped out. It is taken and recycled and we do not pay to have this done. Councilman Wrisley wondered if the Town could buy a waste oil furnace for use at the Town Shed and use this oil for heating. If the community knew about this and it would save tax dollar maybe more people would take their oil there. The furnace is about four or five thousand dollar but it seems it would pay for its self very quickly. Supervisor Jackson will check into this. Councilwoman LaPine asked about wood. Councilman Wrisley said Westport tried this and it became a hassle on weekends as to who was going to keep the fire going.
Motion to leave Regular session to go into Executive session to discuss property purchase at 9:05PM made by Councilman Sayward. Second Councilman Wrisley. Roll call: CouncilwomanLaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Motion to leave Executive session and return to Regular seeion at 9:33 PM made by Councilman LaForest. Second by Councilman Wrisley. Roll Call: Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisely-yes and Councilman Sayward-yes.
Councilman Wrisley told the Board about how he backs up his computer with Folder Share. It is automatically sent to his son’s computer in Vermont. Councilman Saywardsaid a disc with our backup should be kept in a safe deposit box off site. Supervisor Jackson said he knew of Carbonite. The cost is $300 a year and the backups are automatic.
Discussion of bills
Water $ 2304.37
Street Lights 559.00
Transfer Station 3261.96
General 14184.73
Highway 26283.95
Prepay-General 548.15
Prepay-Water 166.15
Councilwoman LaPine asked what the payment to Mark Kupperman was for and was told it was the money for the conference the Board had approved. Supervisor Jackson brought up the subject of security for the Town Courts. Down the road security for the Justice Court is going to be increasing and they are going to require a law enforcement officer and a metal dector. This is going to be just about impossible in the Town Hall. Supervisor Jackson wondered if the towns of Westport, Willsboro, Lewis, Elizabethtown and Essex could share a building at the new Jail Complex. For Justice Court. Councilman LaForest asked why not just turn it over to the County. Supervisor Jackson said this can be done and there is money to do this. If this is done the Town Justices would no longer preside over Town Courts because you have to have an attorney-judge for the court.
Councilman LaForest asked if go pick up the sand from Doug West. Supervisor Jackson said yes and the sand contract will need to be put out for bid next year.
Supervisor Jackson asked what the Board thought of using stone dust for the roads. Willsboro used it last year and did not feel that it gave the same traction as sand. It is half the price of sand. Lewis is using it this year and I will be interested in what they thought of the stone dust.
Councilman LaForest wants to charge back the light bill for the Grange Hall to the Children’s Theatre. It was explained to them when they rented the Grange Hall that they would have pay the difference in the bill from what the normal monthly charge. Councilman LaForest said he is having a problem getting the keys back from the Children’s Theatre. He has sent self addressed envelopes and the keys have not been returned. Supervisor Jackson said next year we will have a fifty dollar key deposit.
Motion to approve bills as presented made by Councilman LaForest. Second Councilman Sayward. Roll Call: Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Councilman LaForest asked if the water meters are being read. Supervisor Jackson said there are 2 meters left to install and Gilbert Belzile will not return my calls. I will install the on at the Olsen home and then find someone to install the one at Allan Gardner’s. Councilman Sayward asked if we still owe him money. Supervisor Jackson said yes and he will not get the retainage.
Motion to approve Town Clerk report as presented made by Councilman LaForest. Second Councilman Sayward. Roll Call: Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes. Councilman Wrisley-yes and Councilman Sayward-yes.
Motion to accept water rents as presented made by Councilman LaForest. Second Councilwoman LaPine. Roll Call: Councilwoman LaPine-yes, Councilman LaForest-Yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Motion to accept Supervisor’s report as presented made by Councilman LaForest. Second Councilman Wrisley. Roll Call: Councilwoman LaPine-yes, Councilman LaForest-yes, Supervisor Jackson-yes, Councilman Wrisley-yes and Councilman Sayward-yes.
Motion to adjourn made by Councilwoman LaPine. Second Councilman Wrisley.
Meeting adjourned at 10PM
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