January 3, 2012 Town Board Organization Meeting Minutes

TOWN OF ESSEX Organizational Meeting JANUARY 3, 2012

3:00p.m.

The Organizational meeting of the Town Board of the Town of Essex, County of Essex and the State ofNew York was held at the Town Hall, 2313 Main Street, Essex, NY on the 3rd day of January 2012.

PRESENT: Sharon Boisen Supervisor Claire LaPine Councilwoman Harold MacDougal Councilman Mark Wrisley Councilman Catherine DeWolff Town Clerk

ABSENT: Dr. James LaForest Councilman

OTHERS PRESENT: Wayne Ryan of AES, Jim Dugan of AES, Nancy Dougal, Olive Alexander, Frank Walls, Fire District 1 Commissioner, Dianne Lansing, Town Assessor, and Bruce Stephan.

Supervisor Boisen called the meeting to order at 3:01p.m. with a Pledge to the Flag. AES representatives Wayne Ryan and Jim Dugan presented a comprehensive report of

the water plan which offered several different scenarios of how the town might proceed

in this regard.

Mr. Ryan described at length the possibilities of wells and the budgeting for same, the different locations of the wells, and the pros vs. cons of each possibility for the Town of Essex including fire flow, wells vs. surface water and the costs that will be associated with the choices. He advised regarding new debt and debt service as well as the update of local laws and the obtaining of grants for the project. There was a discussion of filtering and design and development. Regarding the sites for future wells, one possible site is located on the Fire District #1 property. Frank Walls, Commissioner for Fire District #1, said that the Fire Dept. already has a contract with the town for wells; however, ifthe well would be on their property, they would like free water. Mr. Ryan

advised Mr. Walls that only the Town Board could decide that. Supervisor Boisen asked Mr. Walls where the contract was because she had asked Mr. Walls for a copy on other occasions. The Supervisor advised that she has never seen the contract. Mr. Walls said that he had given a copy to Councilman Wrisley. Councilman Wrisley produced a copy of the contract from his file and handed it to Supervisor Boisen. A copy of the stated contract between Fire District 1 and the Town of Essex is attached hereto and made part

of these minutes. Mr. Ryan told the Board that there is the need for better fire flow and that currently, there was inadequate storage. Mr. Walls, Fire Commissioner Dist. 1, stated that with regard to the costs associated with larger storage capacity for fire flow, they, the fire department, can draft water from the lake, first they use the tower water to start the hydrants, then draft from the lake thereby not necessarily needing fire-flow. He

stated that that may be a cost saving measure as this can be accomplished anywhere in the hamlet area. Councilwoman LaPine queried whether a hydro geologist determined these sites. Mr. Ryan answered in the affirmative. Mr. Stephan, a member of the public,

asked about the potential costs of the test wells and then again about the filters and

filtration for the project. Councilman MacDougal said that the maintenance costs must also be taken into consideration. There was a general discussion of costs. Mr. Ryan expressed his hope that the suggestions in the report be carried out in a timely manner to get the project running as well as the need for an informational public hearing. Supervisor Boisen thanked the AES representatives for attending the meeting.

Check Oath Book /Roll call: Councilwoman LaPine, Councilman LaForest, Councilman

Wrisley and Supervisor Boisen

Supervisor Boisen greeted visitors and offered courtesy of floor.

Diane Lansing, Town Assessor, asked if the computers in the Town offices were backed up at night. The Supervisor responded in the affinnative, but added that each person using a computer should also manually back up their information. The Supervisor also

related that our entire IT program will be updated in the near future. Councilman Wrisley

added that all information should be backed up by each user nightly.

RESOLUTION 1-2012

CHANGE OF MEETING DATE FOR ESSEX TOWN BOARD

On a motion made by Supervisor Boisen, seconded by Councilman MacDougal, the following Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

NoO

Resolved that the regular Board meeting ofthe Essex Town Board will be held on the third Thursday of each month at 7:00p.m., beginning with the February meeting. In the event of a holiday or necessary postponement, a new date will be determined by approval of the majority.

RESOLUTION 2-2012

DESIGNATION OF OFFICIAL TOWN NEWSPAPER

On a motion made by Councilman MacDougal, seconded by Councilman Wrisley, the following Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the Official Town newspaper will be the Valley News with the Press

Republican used if there is a time issue.

RESOLUTION 3-2012

OFFICIAL BANK DEPOSITORY WITH CHECK SIGNING PRIVELEDGE of

THE SUPERVISOR AND DEPUTY SUPERVISOR

On a motion made by Councilman MacDougal, seconded by Councilman Wrisley, the following Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that Champlain National Bank and CLASS are designated the official depositories for the Town of Essex and that the Supervisor and Deputy Supervisor shall be empowered to sign checks. Further resolved that the Supervisor is empowered to invest idle funds and to register a facsimile signature.

RESOLUTION 4-2012

MILEAGE ALLOWANCE FOR TOWN OFFICIALS

On a motion made by Councilman MacDougal, seconded by Councilwoman LaPine, the following Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that a mileage allowance of35 cents, is authorized and will be paid to town officials using personal vehicles on town business.

RESOLUTION 5-2012

AUTHORIZATION OF SUPERVISOR TO PRE-PAY BILLS

On a motion made by Councilman MacDougal, seconded by Councilman Wrisley, the following Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the Supervisor is given the authority to pay utility, telephone, postage and health insurance bills upon receipt and therefore avoiding unnecessary service charges.

RESOLUTION 6-2012

ELECTED OFFICIALS ENTITLEMENT TO TRAINING AND EXPENSES

On a motion made by Councilman Wrisley, seconded by Councilman MacDougal, the following Resolution is

Resolved that elected officials will be entitled to ordinary and necessary expenses, paid by the town, for attendance at the annual Association of Towns meetings and training with prior approval from the Supervisor within budgeted funds.

RESOLUTION 7-2012

PERMISSION OF HIGHWAY SUPERINTENDANT TO RENT MACHINERY On a motion made by Councilman Wrisley, seconded by Councilman MacDougal, the following Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the Highway Superintendent is granted permission for rentals of machinery as necessary.

RESOLUTION 8-2012

PURCHASE ORDER SYSTEM

On a motion made by Councilwoman LaPine, seconded by Councilman Wrisley, the following Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the purchase order system will remain in effect for all purchases exceeding

$1,000. Approval signatures of at least three Board members, prior to purchase, are necessary for payment of such purchases to be authorized and reimbursements made.

RESOLUTION 9-2012

AUTHORIZATION OF PETTY CASH FOR TOWN CLERK

On a motion made by Councilman Wrisley, seconded by Councilman MacDougal, the following Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the petty cash fund be authorized as follows: Town Clerk/Tax Collector

$200.00.

RESOLUTION 10-2012

FILING OF SUPERVISOR’S ANNUAL REPORT

10) Motion by Councilwoman LaPine, seconded by Councilman Wrisley, the following

Resolution is

Resolved that the Supervisor’s Annual Financial Report will be filed with the State

Comptroller and Town Clerk within 60 days ofthe end ofthe Fiscal Year.

RESOLUTION 11-2012

TOWN OFFICE HOURS and HOURS OF TOWN CLERK

On a motion made by Councilman MacDougal, seconded by Councilman Wrisley, the following Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the Town Office will be open for business 10 a.m. to 3:30 p.m. Monday Friday (except holidays). The Town Clerk’s hours will be from 10 a.m. until5:00

Monday thru Friday with Saturdays by appointment.

RESOLUTION 12-2012

COPY FEES TO THE PUBLIC

On a motion made by Councilwoman LaPine, seconded by Councilman Wrisley, the following Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the copier service will be provided to the public at 25 cents per copy charge for 2012. Non-profit organizations will be provided this service at 10 cents per copy charge. All color copies for the public including non-profits will be charged at .50 per copy.

RESOLUTION 13-2012

FAX FEES TO THE PUBLIC

On a motion made by Councilwoman LaPine, seconded by Councilman MacDougal, the following Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the fax machine service will be provided to the public at $1.00 per page for

2012. Non-profit organizations will be provided this service at 50 cents per page charge.

RESOLUTION 14-2012

APPROVAL AND ACCEPTANCE OF SALARIES FOR 2012

On a motion made by Councilman Wrisley, seconded by Councilman MacDougal, the following Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the 2012 salaries are established and approved as follows:

Supervisor

Clerk to the Supervisor

Deputy Supervisor

Town Clerk/Tax Collector

Deputy Town Clerk

Justice Councilman (4) Chairman – Assessors Assessors (2)

Superintendent of Highways

Animal Control Officer

Health Officer

Zoning Officer/Building Inspector

Water Superintendent Assistant to the Water Supt. Clerk, Water District

Budget Officer

Deputy Highway Superintendent Board of Assessment Review Court Clerk

19,652 PIA

20,397 PIA

746 PIA

22,019 PIA

2,112 PIA

11,255 PIA

2,388 PIA

4,039 PIA

3,460 PIA

36,640 PIA

1,750 PIA

500 PIA

11,255 PIA

7,500 PIA

1,329 PIA

1,377 PIA

742 PIA

1,000 PIA

77.25 per day

12.50 per hour

Town Highway Employees HEO $17.61 P/H HEO overtime 25.74 P/H Laborer 14.52 P/H Laborer overtime- 21.78 P/H

Transfer Site Employees Transfer Station Manager Transfer Station Attendant

- $12.10 PIH

- 10.17 P/H

Buildings & Grounds

Laborer- $10.17 P/H

RESOLUTION 15-2012

ACCEPTANCE OF APPOINTMENTS BY SUPERVISOR, TOWN CLERK AND HIGHWAY SUPERINTENDANT FOR 2012

On a motion made by Councilman Wrisley, seconded by Councilman MacDougal, the following Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the Town Board accepts the following appointments and hereby authorized the Supervisor to make appointments by her as she sees fit:

BY SUPERVISOR:

Deputy Supervisor- Mark Wrisley Clerk to Supervisor- LeeAnn Hoskins Town Historian- Shirley LaForest Budget Officer – Sharon Boisen

BY HIGHWAY SUPERINTENDENT: Deputy- Gerald Pierce

BY TOWN CLERK: Deputy- Audrey Hoskins

Deputy Tax Receiver- Audrey Hoskins

Deputy Registrar- Audrey Hoskins

RESOLUTION 16-2012 16.1 thru 16.9

APPOINTMENTS OF THE TOWN BOARD FOR 2012 WITH AUTHORIZATION TO LEAVE VACANCIES

BY THE TOWN BOARD

16.1 Water Superintendent -Derrick Wrisley- On a motion made by Councilwoman LaPine, seconded by Supervisor Boisen, Resolution 16.1 is ADOPTED 3-yes Boisen, MacDougal, LaPine ABSTAIN 1-Wrisley NO- 0

16.2 Health Officer- Dr. Josh Schwartzberg

On a motion made by Supervisor Boisen, seconded by Councilman MacDougal, Resolution 16.2 is ADOPTED 4 yes, Boisen MacDougal, Wrisley LaPine 0- No

16.3 Attorney for Town- As needed

On a motion made by Supervisor Boisen, seconded by Councilman Wrisley, Resolution

16.3 is ADOPTED 4-yes Boisen, MacDougal, Wrisley, LaPine 0-No

16.4 Zoning Board of Appeals

On a motion to leave one seat vacant on the ZBA made by Supervisor Boisen, seconded by Councilman MacDougal, Resolution 16.4 is ADOPTED 4-yes Boisen, MacDougal, Wrisley, LaPine 0-No

Zoning Officer/Bldg. Inspector

Tabled

16.5 Animal Control Officer – Scott Hayes

On a motion made by Supervisor Boisen, seconded by Councilman MacDougal, Resolution 16.6 is ADOPTED 4-yes Boisen, MacDougal, Wrisley, Lapine 0-No

16.6 Assistant to Water Superintendent- Vacant

On a motion by Supervisor Boisen, seconded by Councilman MacDougal, Resolution

16.6 to leave Assistant water superintendent vacant is ADOPTED 4-yes Boisen, MacDougal, Wrisley, LaPine 0-No

16.7 Chairperson of Assessors- David Sayre

On a motion by Supervisor Boisen, seconded by Councilman MacDougal, the Resolution to appoint David Sayre as the Chair of the Assessors is ADOPTED 4-yes Boisen, MacDougal, Wrisley, LaPine 0-No

16.8 Chairperson of the Panning Board- James Van Hoven

On a motion by Supervisor Boisen, seconded by Councilman MacDougal, Resolution to appoint James Van Hoven as Chair of the Planning Board is ADOPTED 4-yes Boisen, MacDougal, Wrisley, LaPine 0-No

16.9 Deputy Chair of the Planning Board – Vacant

On a motion to leave the Deputy of Planning a vacancy by Supervisor Boisen, seconded

by Councilman MacDougal, Resolution is ADOPTED 4-yes Boisen, MacDougal, Wrisley, LaPine 0-No

RESOLUTION 17-2012

ACCEPTANCE OF DONALD HOLLINGSWORTH’s RESIGNATION FROM PLANNING BOARD

On a motion by Supervisor Boisen, seconded by Councilman Wrisley, Resolution to accept Donald Hollingsworth’s resignation from the Planning Board is

ADOPTED 4-yes Boisen, MacDougal, Wrisley, LaPine 0-No

Whereas, the Town of Essex hereby accepts with regret the resignation of Donald Hollingsworth from the Planning Board after more than 30 years of service to the Town of Essex in various capacities. Whereas, in light of his resignation and at his request, hereby appoints Mr. Hollingsworth as an Alternate to the Planning Board, providing said Planning Board keep him aware of such actions that he may have a part, in a timely and educated mmmer.

RESOLUTION 18-2012

CONFIRMATION AND TERMS OF APPOINTMENTS TO THE BOARDS On a motion by Councilwoman LaPine, seconded by Councilman MacDougal, Resolution to confirm the terms of the following appointments by the Town Board is ADOPTED 4-yes Boisen, Wrisley, LaPine, MacDougal 0-No

PLANNING BOARD H. Nicholas Muller, III Olive Alexander

James Van Hoven, Chair Donald Hollingsworth David Hislop

Derrick Wrisley

Mark Walker

12/31118

12/31112

12/31/13

Alternate

12/31115

12/31/16

12/31/17

BOARD OF ASSESSMENT REVIEW

Stanley James- no class time 9/30/12

Rob Ivy 9/30/13

Vacant 9/30114

Vacant 9/30/15

Vacant

Vacancies will be advertised.

9/30/16

ZONING BOARD OF APPEALS Patricia French

Vacant

Lauren Murphy, Chair

Dorothy Bliss

Vacant

Vacancies will be advertised.

12/31/12

12/31113

12/31/14

12/31/15

12/31/16

RESOLUTION 19-2012

AUTHORIZATION FOR SUPERVISOR TO SIGN MEMORANDUM OF STREAM DISTURBANCE WITH THE DEC

On a motion by Councilwoman LaPine, seconded by Councilman Wrisley, the

Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that Supervisor Boisen is given authority to sign a memorandum with theNew York State Department of Environmental Conservation relating to the permit requirements for stream disturbance.

RESOLUTION 20-2012

AUTHORIZATION OF CHAMPLAIN NATIONAL BANK TO ADD THE TOWN CLERK, CATHERINE DEWOLFF AND DEPUTY, AUDREY HOSKINS TO THE TOWN CLERK AND TAX COLLECTOR ACCOUNTS

On a motion by Councilman MacDougal, seconded by Councilman Wrisley, the

Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the Town’s Official Depository, CHAMPLAIN NATIONAL BANK, is hereby given the authority to add as signatories, the Town Clerk, Catherine DeWolff and her Deputy, Audrey Hoskins, to the accounts of Town Clerk and Tax Collector, with Councilwoman LaPine as a countersignature on the Tax Collector account.

RESOLUTION 21-2012

AUTHORIZATION OF HIGHWAY SUPERINTENDENT TO HIRE

On a motion by Councilman MacDougal, seconded by Councilwoman LaPine, the

Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the Highway Superintendent is hereby authorized to hire temporary employees as needed.

The following committees were appointed by the Supervisor: Highway

Jim Morgan

Gerry Pierce

Mark Wrisley

Water

Water Operator Sharon Boisen Claire LaPine

Waste Water Tina Gardner TomDuca Sharon Boisen

Web Site

Olive Alexander Ken Hughes Cathy DeWolff

Buildings & Grounds

Sharon Boisen Harold MacDougal Calvin Cumm Scottie Ginn

Lauren Murphy

Shirley LaForest

Personnel/ Salary Review

Mark Wrisley

Harold MacDougal

Dr. Colleen Van Hoven

Meredith Hannah

State of Emergency I Emergency Preparedness

Sharon Boisen Jim Morgan Frank Walls Kyle Wrisley Mike Hance Norma Goff

Essex County Emergency Services

Youth Commission Claire LaPine LisaCumm

OTHER BUSINESS:

Policy Review Schedule with desired completion date:

a. Personnel – Phase 1 – Employee Policy 1/12/12

Phase II- Salary Revision 2/16/12

b. Procurement 3/15112

c. Purchasing 4/18/12

d. Code of Ethics 2/16/12

e. Emergency- to meet 2nd Thursdays at 1pm 6/12/12

f. Investment 7/15/12

g. Water – ongoing at this time

h. Sewer 6/21112

RESOLUTION 22-2012

EXECUTIVE SESSION

On a motion by Supervisor Boisen, seconded by Councilman Wrisley, the Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved to Adjourn the Organizational meeting at 5:42p.m. to enter into Executive Session for the purpose of discussing an employee matter. The Town Board entered into Executive Session at 5:43 p.m.

RESOLUTION 23-2012

RETURN TO ORGANIZATIONAL MEETING

On a motion by Supervisor Boisen, seconded by Councilman Wrisley, the Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the Board return to the Organizational meeting at 6:17p.m.

There was discussion by the Board about further appointments. Councilwoman LaPine asked about the contract for the Senior Center/ACAP for Willsboro. Apparently Joanne does not have a copy of the contract in their files.

RESOLUTION 24-2012

APPOINTMENT OF ZONING/CODE ENFORCEMENT OFFICER

On a motion by Councilwoman LaPine to appoint David Lansing as Zoning/Code Enforcement Officer, seconded by Councilman MacDougal, Resolution is DEFEATED Yes-2 LaPineMacDougal No-1 Wrisley Abstain-1 Boisen

On a motion by Supervisor Boisen to appoint Nancy Dougal as the Zoning/Code Enforcement Officer, seconded by Councilman Wrisley, the Resolution is DEFEATED Yes-2 Boisen Wrisley No-2 LaPine MacDougal

Failing to reach a consensus, the Board agrees to discuss this further in Executive

Session.

RESOLUTION 25-2012

EXECUTIVE SESSION

On a motion by Supervisor Boisen, seconded by Councilman Wrisley, the Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved to enter into Executive Session at 7:46p.m. for the purpose of discussing an employee matter.

RESOLUTION 26-2012

RETURN TO ORGANIZATIONAL MEETING

On a motion by Supervisor Boisen, seconded by Councilman MacDougal, the Resolution

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved to exit Executive Session and return to the Organizational meeting at 8:36p.m.

There was a general discussion of the duties of the Water Rents Clerk. RESOLUTION 27-2012

APPOINTMENT OF WATER RENTS CLERK

On a motion by Supervisor Boisen, seconded by Councilman MacDougal, the Resolution

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the Town Clerk, Catherine DeWolff, is appointed as the Water Rents

Clerk.

RESOLUTION 28-2012

SUSPENSION OF MEETING TO CONTINUE THE FOLLOWING DAY, 1/4/12, AT 3:00PM

On a motion by Supervisor Boisen, seconded by Councilman Wrisley, the Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved to suspend the Organizational Meeting until the following day, 1/4/12, at 3:00 p.m. Meeting is suspended at 8:47p.m.

THE ORGANIZATIONAL MEETING OF THE TOWN OF ESSEX TOWN BOARD IS RESUMED ON JANUARY 4, 2012 AT 3:00P.M.

Supervisor Boisen called the meeting to order at 3:00 p.m.

PRESENT: Sharon Boisen Claire LaPine Harold MacDougal Mark Wrisley Catherine DeWolff

Supervisor Councilwoman Councilman Councilman Clerk

ABSENT: Dr. James LaForest Councilman

RESOLUTION 29-2012

EXECUTIVE SESSION

On a motion by Councilman Wrisley, seconded by Councilman MacDougal, the

Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the Board has entered into Executive Session at 3:10 p.m. for the purpose of discussing an employee matter.

RESOLUTION 30-2012

RETURN TO ORGANIZATIONAL MEETING

On a motion by Supervisor Boisen, seconded by Councilman MacDougal the Resolution

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the Town Board has exited the Executive Session at 5:00 and re-entered the

Organizational meeting at 5:02p.m.

The Supervisor advised the Board ofher conversation with John Coonrod, former Water

Superintendent and his agreement to train Derrick Wrisley for $18 per hour not to exceed

a period of two hours per day for not longer than two weeks. Supervisor Boisen then asked if there was anything further to come before the Board.

RESOLUTION 31-2012

TEMPORARY EMPLOYMENT OF ZONING/CODE ENFORCEMENT OFFICER DAVID LANSING

On a motion by Councilman MacDougal, seconded by Councilwoman LaPine, the

Resolution is

ADOPTED Yes 3 Wrisley, MacDougal, LaPine Abstain 1 Boisen

No 0

Resolved that the Board agrees to appoint David Lansing, Zoning and Code Enforcement

Officer for a temporary term beginning 1/1/12 for a term of90 days or ending on March

31,2012.

RESOLUTION 32-2012

REQUEST FOR PROPOSAL ADVERTISING FOR ZONING/CODE ENFORCEMENT OFFICER

On a motion by Supervisor Boisen, seconded by Councilman Wrisley, the Resolution is

ADOPTED Yes 4 Boisen, Wrisley, MacDougal, LaPine

No 0

Resolved that the Town Board has agreed to an RFP for the purpose of advertising for the position of Zoning/Code Enforcement Officer for the Town of Essex, a permanent annual appointment.

With no further business, on a motion of Supervisor Boisen, seconded by Councilman Wrisley, the meeting is adjourned at 5:13p.m. on January 4, 2012. The motion is carried unanimously.

Catherine DeWolff, Town Clerk

Contract with Fire District 1:

Is attached hereto and made part of these minutes.

TIDS Il”ll)ENTURE,

l\1..ADE the

• day of February

J 1011

ESSEX

BETVlEEN BOARD OF FIRE COMi\tiiSSIONERS, ESSEX FIRE DISTRICT with offices at 2659 New York State Route 22, Essex, Essex County, New York 12936 (hereinafter referred to as the ‘”Fire District”), party of the first part, and

second

ESSEX \VATER DISTRICT a municipal

ofNew York, with offices in the Tov,.,.n Hall, 2313 l\1ain Street, tssex,

12936 (hereinafter referred to as the partyofthe

WITh’ESSETH, that the party of the :first part, in consideration of One Dollar ($1.00) lawful money of the United States, and other good and valuable consideration paid by the party of the second part, hereby grant and release unto the party of the second pa.rt, its successors

and assigns .,..,.,..,…,.,”…

PERMP ‘ENT EASEivfENT to the nort.IJ.erly prerruses situate on the north side York State Route of Essex, County of Essex, and State of New York, which premises are more particularly described in a deed :from Lars I.

‘”””‘u’”"‘”"‘•’”" to Board of Fire Commissioners, Essex Fire District No. 1 dated November 1996,

and recorded the Essex County Clerk’s Office on November 13, 1996, in Book 1126 ofDeeds ••

at page

be building, constructing, installing, maintaining, inspecting, using, operating, repairing and reconstructing water mains and pipelines and related structures/equipment, and includes the right of ingress and egress to such premises with machinery and vehicles the Water District, officers, employees, agents, serv&.’lts and contractors for the full complete use, occupation and enjoyment of the easement granted. Its locations be defined upon construction.

appu..rtenant to run

TO HAVE TO the premises herein granted unto the second part, successors and assigns forever.

1. The District provide water to the at no charge.

The \Vater District obtain adequate public and personal property

sole cost and expense, so as to insure it and the Fire District against claims

or property damage occurring in or upon the leased prew.ises during the use and occupancy. T.ae Fire na_med as an additional

insured with respect to such insurance, and the \Vater District will furnish the Fire District with evidence that said insurance is in full force and effect.

3. The Fire District will not be liablfor any loss or damage to the Water District’s property, or the property of the Water Districf s officers, employees, agents and invitees, related to the leased premises. The Fire District also will not be liable for any injury or damage to persons or property resulting from any cause whatsoever during the Water District’s use and occupancy of the leased premises.

IN \hliTN”E.SS WHEREOF, the parties have caused these presents to be executed and ensealed by a duly authorized officer t.hereof to be effective as of the date first abov’e vvTitten.

BOARD OF FIRE COMJ.VUSSIOl’”‘fERS, ESSEX FIRE DISTRICT NO. 1

/1 I /l!,

By: ;/1./

STATE OF NEW YORK ) COlJNTY OF ESSEX )

Frank \Valls, Chairman of Board of

Fire Commissioners

TOW”N OF ESSEX WATER DISTRICT NO.1

On &.is. day of February 2009, before me, the undersigned, a Notary Public in and said State, personally appearen FRA,.”‘TK \VALLS, personally knovm to me or proved to me on

the basis of satisfactory evidence to be the individual whose name is subscribed to the within

instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument

Notary Public

STATEOFNEWYORK ) COlJNTY OF ESSEX )

On this l34i!/day ofFebruary 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared RONi\LD E. JACKSON, personally knovm to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the vvithln instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.

. CZ-’7 .i,…&- .—’L..–1″‘ .– -:- ‘

Notary Public

V lOIS A. SAYWARD

NOT.4. .RYP :_f:TC. ::: T _:-•7E 07 : E\V YORK

; :::•- . -

LEASE AGREEJVIENT

THIS AGREElvJE\’f is m.ade the–tr/-”da’v ofFebruarv 2009. bv and between

BOARD OF FIRE COMMISSIONERS, ESSEX FIRE DISTRICT NO.1, with offices at;?.,{;,$”9 Route 22, Essex, Essex County, New York 12936 (hereinfu..cr:er referred to as the • Fire District”), and

TOVVN OF ESSEX WATER DISTRICT N0.1,a municipal corporation ofti.e

State of New York, with offices in the To-vvn Hall, 2313 Main Street, Essex, Essex County, New

:York 12936 (hereinafter referred to as the “Water District”).

WlT:f\I”‘ESSETH: That for and in consideration of the undertakings and obligations of the parties hereto, it is agreed as follows: . ..

DESCRIPTION OF PRElVllSES

l. The Fire District leases to the Water District the northerly portion of the Fire DistJ.-ict premises situate on the nor+ch side ofNew York State Route 22 in the Town of Essex, County of Essex, and State of New York, which premises are more particularly described in a deed from Lars I. Kulleseid to Board of Fire Commissioners, Essex Fire District No.1 dated November 8,

1996, and recorded inthe Essex County Clerk’s Office on November 13, 1996, inBook 1126 of

Deeds at page 202.

. ——— .. ••–

2. The lease will be for a period ofN1l’-!ETY-N lNE (99) years, beginning February 15,

2009, and ending Februarj 14, 2108.

LEASE FEE

3. The \Vater District •will pay the

and free water supplies.

Distric! a yearly rental of ON). DOLLAR ($1.00)

DESCRIPTION OF USE

4. The leased premises \.Vill be used by the Water District fm buildi..’lg, constructing, installing, maintaining, inspecting, using, operating, repairing and reconstructing water wells, mains and pipelines and related structures/equipmentap.d includes t.1.e right of ingress and egress to such premises •:vith mad1ine:ry by the •water Distric.t, its officers.employees, agents. servants md , om:ractors for the fuil md complete use, occupation a..11d enjoyment of the easement granted.

PROOF OF INSliRA.NCE

5. The Water District, before the commencement of the lease, wiJl obtain adeq_uate public liability and personal property insurance, at its sole cost and expense, so as to insure bath it and the Fire District against dai..1US of bodily injury, death or property damage occurring in or upon the leased premises duri…ng the Water District’s actual use and occupancy. Tne Fire District will be named as an additional insured with respect to such insurance, and the Water District \vill furnish the Fin:District wit.\ evidence that said insurance is in full force and effect.

DAlviAGES

6. The Fire District V!ill not be liable for any loss or damage to the Water District’s property, or the property of the Water District’s officers, employees, agents andmvitees, related to the leased premises. The Fire District also will not beliable for any injury or damage to

persons or property resulting from any cause whatsoever during the Water District’s use and occunan.c-v of the leased uremises.

CO LETEAGREEMEN

t. This is the comp-lete agreement of the parties hereto and may not be alteredamended or revoked exceptby a wnting duly executed by all ofthe pa..rties hereto.

IN Vv’1TI”‘l’ESS \1\lb”‘”PREOF, the parties have caused these presents to be executed

and ensealed by a duly authorized officerthereofto be effective as of the date first above w1itten.

BOARD FL”Q.E C01Vllv1ISSIOl’,i1?.RS

ESSEX FIRE DISTRICT NO. 1

,—-_;_/ J!!j JA ;J

By: _\_ ….:::::::::.-,L//./t1L.f v,h_’LL U_• v_/_ _v V-_- _

// :, Cl1airrn?”n of Board o:

I’:ire Com.missioners

,.,

N0.1

NE’N Yolk Slate Oepartmaniof Taxation and Rr.ance Combined Real Estate Transfer Tax Return,

Credit Line Mortgage Certificate, and

Certification of Exemption from the

Payment of Estimated PersonalIncome Tax

Recording office time stamp

See Form TP-584-I, Instructions for Fmm TP-584, before completing this form. Please print or type.

Schedule A -Information relating to conveyance

Grantor/Transferor iName (it mdividi.Jal; last. first, middle irJiial)

! Socia!secumv.number

U Individual

Il BOARD OF FIRE COM-MISSIONERS, ESSEX FTRE DISTRICT NO. 1

!,. I_ . I

0 Com., r.raiion !’ Mailing address I,Socia! securiIty number

fnlPartne ip lrI

p •-0 – B o x S B ———- —————— ==– I– u

– •—-

Estate!frust

City Stata ZIP code

Feder::

empiayer ident num!

rlother l Essex New York 12936 !14 ! 6002176

Gra11teeffra.’1sferee lName (iii!ldivkiuaff: fa..”‘t mst,middleiniffaff}

individual ! TOWN OF ESSEX WATER DISTRICT NO. l

!X\ Corporol.ion j Mailing address

Partnership 1 P.. 0 • Box 353

Estatefnust ICity

ZlP code

J Social secumy number

1 I I

t i

I Socia! seculii:y number

J !

IFederalemployer ident.numi

0 Orner I .l!.Ssex New York 12936 !14 1 6oo2176

Location and description of property conveyed

lax map designation Address

Type of property conveyed {cnec’n: zppfical:Jle oox)

Ciiylvi!lage

Town

Essex

j County

I Essex

1 One- to three-family house 5 1 ;Oommerciallindustrial

2 Residential cooperative 6 nAoartment buildina

3 Residential condominium 7 l l Omce building

4 Vacant land 8 00 Other Easement

Date of convey211ce

02 ! 2009!

Percentage of reaf property conveyed•which is residential reai property -0- %

(see instructions)

a. Conveyance o!fee interest Comreya’lce which consists of a mere change of idenuty or form of ownership or organization (a<iach

l. Option assignment or surrender

b. Acquisition of a controlling intffi”‘(state

.age acquired _

c.. Transfer oi a controlling interest (S’.aie

percentage traJlSferred cc.l,)

a_ Conveyance [O cooperative housing

corporation

e. Conveyance pursua’1t to or jn !ieu of foreclosure or emorcemem of sea.nii’!

Fom11 TP-584.1, Schedule F)

g. Conveyance for which credit for tax

previously paid will be claimed (attach

Form TP-584.1, Sc.’Jeduie G)

h. Conveyance nf coopemuve apa:’trnent(s)

; C onvevance of air riahts ar

• development rights -

m. Leasehold assignment or surrender

n. Leasehold grant

o. @ Conveyance of an easement

o. \X l Convevance for which exemption

‘ from transfer tax claimed fcomofete

SciJeauie B, Part ill) • •

q. Conveyance of property partly within

and partly outside the state

interest { ffach Form TP-584-1.Scheduie £} k,. 0 Cor.tract ass gnment

For: • _ •.-! =.A/;cerS us:r:; !’1JTIOU f. e J::d Dale rer Wed

r. 0 Other {describej

Tr:ansa,•c’: ‘nu:nber

Schedule 8., Part I $

Schedule 8., Part IT $

Page 2 of 4 TP-584 (11/04)

chedule 8-Reaestate transfer tax return (Tax. law, Article 31)

Part -Computation of tax due

1 Enter amount of consideration for the conveyance (H you are ciaimina a total exemption from tax, check the

exemption claimed box, enter consideration and proceed to Part Ill) …………………….. !!} Exemption claimed

2 Continuing lien deduction (see instructions if property js taken subject to mortgage or lien) ………………………………..

3 Taxable consideration (subtract line 2 from line 1) ……………………………………………………………………………………

4 Tax: $2 for each $500, or fractionalpart thereof, of consideration on line 3 ………………………………………………

5 Amount of credit claimed (see instructions and attach Form TP-584.1, Schedule G) ………………………………………..

£Total tax due* (subtractline5fromiine4j ……………………………………………………………………………………………….

f .l

\ 1.1

4.!

5.1

s.r

Part ll- Computation of additional tax due on the conveyance of residential realproperty for $i mll!ion or more

1 Enter amount of consideration tor ccnveya.’lce (from Part I,iine 1) …………………………………………………………… 1.\

2 Taxable consideration (muiiiply fine 1 by the percentage of fila premises ‘tmicfJ is residential real property, as shown in Schedule A) ….. 1-”"’2..: –;- ——-1,–

3 Total additional transfer tax due* {mulilpt,; line 2 by 1% (.01)) …………………………………………………………………… ._3=•- .l.l _l_

Part ill- Explanation of exemption claimed on Part I, line 1 (clleck any boxes that apply)

The conveyance of real property is exempt from the real estate transfer tax for the following reason:

a. Conveyance is to the United Nations, the United States of fomerica, the state of New York, or any of their instrumentalities, agencies, or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) …………………………………………………………………………………………………………………………… a

b. Conveyance is to secure a debt or other obligation…………………………………………………………………………………………………………… b or supplement a prior conveyarcs .<> …………………….. c

d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying

realty as bona fide gms …………………………………………………………………………………………………………………………………………………. d

T. Conveyance is a mere change ot identit’} or form o1 ownership or organization where there is no change in benetlclal .

ovvnership-(This exemption-cannot be-claimed-for s •conveyance to a cooperative housing corporaTion of real property

,…,.,,”"‘”””d”‘” the cooperative dwelling or Attach Form TP-t:;:t1, Schedule F ………………………………………………………….

g. Conveyance consists of deed of,..,,,,..,;.;,.,,.,. ………………………………………………………………………………………………………………………… g

t Conveyance conslsts ot me execution of a contract to seii reai property, without the use or occupancy of such property, or

the granting of an to purchase real property, without the use or occupancy of such property ………………………………………..

j. Conveyance ot an or contract to purchase re, ,l lNith the use or occupancy of such property where the consideration is less than $200,000 and such property was used soiely by the grantor as the grantor’s personal residence

and consists of a one-, hi!!O-, or house, an individual residential condominium uni1, or the sale of stock ln a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential

cooperative ……………………………………………………………………………………………………………………………………………………

l-c is naf a conveyance v>Jtlhin the of Tax Lav-1-: ft rticie 3i

section 1401 (e) (attach documents

supporting sue’? claim) …………………………………………………………………………………………………………………………………………………….. k

L Other [arrach axplan.ation)

‘Plc0se rnake check(s) ‘-’-’ ‘.> derk wher”‘ ;!-.:;; is to take piacs. 11 the rev-.::rdlng is to take placs in Ne•NYork Cit;,rnake check{s} pay. ,,;”" b::; ths NYC Department of Finance.it a recording is not required, send this return and your check{s) m payable to the NYS of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5

Albany NYi 2205-5045,

Page 3 of 4 TP-584 (1i /C

Scheduie_ C-Credit Une Mortgage Certificate (Tax Law, Article 11)

Complete the following only it the interest being transferred is a fee simple interest.

I (we) certify that: (check the appropriate box)

1. !!J The real property being sold or transferred is not subject to an outstanding credit line mortgage.

2. 0 The real property being sold or transferred is subiect to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason:

0The transfer of real property is a transfer. oi a iee simple interest to a person or persons who held a fee simple interest in the

reai property (whet’ler as a joint tenant, a tenant in common or otherwise) immedlate!y before the transfer.

The transfer of real property is {A) to a person or persons related by blood, marriage or adoption to the originalobligor or to one or more ot the original obligors or (B) to a person or entity where 50% or more of the beneficial interest in such rea!

property after the transfer is held by the transferor or such related person or persons {as in the case of a transfer a trustee fo the benefit of a minor or the transfer to a t’llst for the benefit of the transferor).

l IThe transfer of realproperty is a transfer to a trustee in bankruptcy, a receiver, assignee, or other officer ‘!._f a court.

LJ The maximum principal amount secured by the credit line mortgage is $3,000,000 or more, and t’1e real property being sold

or transferred is not principally improved nor will it be improved by a one- to six-family owner-occupied residence or dwelling.

Please note:for purposes of determining whet’ler the maximum principal amount secured is $3,000,000 or more as

described above, me amounts secured by two or more credit line mortgages may be aggregated under certain circumstances.

See TSB-M-96(6)-R for more information regarding these aggregation requirements.

Other (attach detailed explanation).

,.;;. Thne real property being transferred is presently subject to an outstanding credit line mortgage.However, no tax is due for the owing reason: •• • .

LJA certificate of discharge of the credit line mortgage is being offered at the time of recording the deed.

.UA chegk t!as !Jeen drawn payable for ransmlsslon to the credit line mcfi:gagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it is aval!ab!e.

4. n The rea! property being transferred is subject to an outstanding credii: line mortgage recorded in————

(insert ilber and page or reel or other identmcation of Uie mortgage). The maximum principaiamoum of debt or obligation secured

by the mortgage is . No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded or, jf the recording is to take place in

New York City, make check payable to the NYC Department of Finance.j

Signature (both the grantor{s} and grantee(s} must sign)

The undersigned certify that the above information contained in schedules A, B, and C, including any return,certification, schedule, or

attachment, is to the best of his/her knowledge, true and complete.

•. •BOiJID OF FIRE COMMISSIONERS,

ESSEX FIRE DISTRICT NO. l

By:

T0 1N OF ESSEX WATER

Chairman DISTRICT NO. 1 . Sunervisor

iltie

Frank lalls

Grantee s;gnarure Tiife

Reminder: Did you complete ail ot the required information in Schedules A, B. and C? Are you required to complete Schedule D? It you

checked e, f, or gin Schedule A, did you complete form TP-584.;? Have you attached your ched; s) made payable to the county clerk

‘Nfl0!f’ recording wiii take place or, i!!he recording is in New York City, to the NYC: Department of Finance? If no rs’:ording is required, ser your check(s}, made payable to me Department of Taxation and Finance, directly to the NYS Tax Department, RETI Return Processing,

PO Box 5045, Albany NY 12205-5Cl45.

?age 4 of 4 TPc584 {11/04)

. chedule 0 -Certification of exemption from the payment of estimated personalincome tax (1 ax Law, Article.:2., .

Complete the following only if a fee simp\•:.; interest or a cooperative unit is being transferred by an individualor estate or trust.

Part – New York State residents

If you are a New York State resident transferor(s)/se!ler(s) listed in Schedule A ot Form TP-584 (or an attachment to Form TP-584}, you mu sign the certification below.lf one or more transferorslsellers of the reai property or cooperative unit is a resident of New York State, each resident transferor/seller must sign in the space provided.if more space is needed, please photocopy this Schedule D and submit as manv schedules as necessary to accommo a:te aU resident transferorslsellers. ‘

Certification of resident transferor(s)/seUer(s)

———————————–2 ——2- —————————————————————————

This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) as signed belovv \Nasa

resident of New York State, and therefore is not required to pay estimated personal income tax under Tax Law, section 663\a) upon the sale or transfer of this rea!pg;perty _or cooperative unit •

i Print fuH name

i Signa.ture /

Fr4nk Walls Chairman I /2009

lPrint fuH nama

l Signature

1 PrintfuU name

lDate–

‘

\Signature \ Print fuii name !Date

Note:A resident of New York State may still be required to pay estimated tax under Tax Law, section 685(c), but not as a condition ot recordi

a deed.

Part llNonresidents of New York State

If you are a nonresident of New York State listed as a trans’ierorjseller in Schedule A of Form TP-584 (or an atiachment to Form TP-584) are not required to pay estimated personal income tax because one oi the exemptions below applies under Tax Law, section 663(c), che the box of the appropriate exemption beiow.lf any one of the exemptions below applies to the transferor(s)fseller(s), that transferor(s)/se!ler{s) is not required to pay estimaied persona\ income tax to New York State under Tax Law, section 663.Each nonresic transferor/seiler vvho qualiTies under one ot the exemptions below must sign in the space provided. lf more space ls needed, please photocopy this Schedule 0 a”:ld s bmit as many sc – - .s as necessary to acc;ommodate ali nonresident transterorsisellers.

lf none of thes ‘ statements appiy, yn:_; must complete Form lT-2£F?, Nonresident Real Property Estimated income Tax Paym Form, or Form l F-2654, Nonresident Cooperatf;;e Unit Estimated Income Tax f ‘ayment Form.For more information, see Payment of estir personal income tax, on page iot Form TP-584-I.

Exemption for nonresident transferor(s)/seiier(s)

This is to certify that at the time of the saie or transfer oithe rea! property or cooperative unit, the transferor(s)/seiler(s) (grantor) of this r property or cooperative unit was a nonresident of New York State, bu’i is not required to pay estimated personal income tax under Tax Lc section 663 due to one ot the following exemptions:

Tlle real property or rn.r-c.”"””””‘” unit being solei o:• transferred qualifies in total as tho:< transferor’s/sel!er’s principal resickmc:e

(vvithin the mear. !u or internal Revenue Code; ::::ec:hon 121) from

t-._: • (see instructions).

Dam Date

I !The transfemr/se!ier is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure, or ln iieu ot foreclosw no additional consideration.

nThe transieror or transreree is an agency or authority ot the United States of America, an agency or authority ot the state oi

f\Jev,; YorkJ the Federal f’-Jationat f\:4ortgage }\ssoc;ation! the FederaJ Home Loan fv1ortgage Corporat onJ the Government Na1

Mortgage Association, or a private mortgage insurance company.

i Signawn Date

iSignature

Date

DRAFT TOWN OF ESSEX Organizational Meeting JANUARY 3, 2012