May 31, 2012 Special Town Board Meeting Minutes

ESSEX TOWN BOARD

Special Meeting

May 31, 2012

3:00 p.m.

Supervisor Boisen opened the meeting at 3:00 p.m.

Present:

Sharon Boisen                         Supervisor

Harold MacDougal                 Councilman

Claire LaPine                          Councilwoman

Dr. James LaForest                 Councilman

Mark Wrisley                          Councilman

Also Present:

Catherine DeWolff                 Town Clerk

Dianne Lansing                       Assessor

Water Capital Project

The Town Council discussed the new contracts that had been drawn up with Fire District #1.  It was agreed that the new contact/lease agreement would be acceptable to both parties. The Fire Commissioners will consider it at their June 5th meeting.  The Supervisor advised that as soon as the contract is signed, we can move forward with the test wells and that the Tarts are willing to offer well site easements on their property.  She also advised the need to hire an attorney for the project.  The Supervisor asked for a motion authorizing her to sign the contracts and move forward with the test wells.

Resolution 96 – 2012

Resolution Authorizing the Supervisor to Sign the Contract/Lease Agreement with Fire District #1

On a motion by Councilman MacDougal, seconded by Councilman Wrisley the resolution is ADOPTED:  Yes – 5            No – 0

Resolved that Supervisor Boisen is authorized to sign the contract/lease agreement with Fire District #1 upon acceptance.

Resolution 97 – 2012

Resolution Authorizing the Supervisor to Move Forward with the Test Wells

On a motion by Councilman MacDougal, seconded by Councilman Wrisley, the resolution is ADOPTED:  Yes – 5                   No – 0

Resolved that the Supervisor is given the authority to move forward with the test well process of the Water Capital Project.

Supervisor Boisen brought up the need for hiring an attorney for the project and suggested Hiscock & Barclay, a firm she is currently working with.  Councilman LaForest suggested that the attorney be local.  The Supervisor advised that she will try to find someone local in the next several weeks.

The Supervisor brought up the Water Rents and that she has been working diligently on getting the billing rates correct so that the bills could go out to the benefited users.  It had been discovered that none of the benefited users had ever been charged for the Debt Service and that the Town needed to charge for this.  The Supervisor presented a rate schedule for water and sewer based on qualifying classifications such as residential, small business, and large businesses. There was a discussion of the rates that will be charged for water and sewer according to the qualifying classifications.  The impact of the marinas with regard to the water and sewer was discussed.

It was agreed that a letter should go out with the bills for water and sewer describing the rates being charged.  There was a discussion of what the letters would say and  because the 1st quarter billing is late, whether both 1st and 2nd quarter bills should be combined on one bill rather than separately, a month apart.

Dianne Lansing brought up the question of the water meters and that when those are all in place the water billing will be fair and according to usage.

Resolution 98 – 2012

Resolution Setting Water and Sewer Rates

On a motion by Councilman MacDougal, seconded by Councilman Wrisley setting the Water and Sewer rates as presented by the Supervisor, the resolution is ADOPTED:

Yes – 5            No – 0

Resolved that the Water and Sewer Rates are accepted as presented on the qualifying classification schedule as presented by the Supervisor and attached hereto.

Consideration of Appraisal of Old Stone Church

Councilman LaForest advised that he called several appraisers, Rosenbaum, Gerard, Haffner and Fontana and they were all coming in at $1,500.00.  David Fontana in Clifton Park was willing to do it for $1,200.00 and could start in a week.  There was a discussion of hiring David Fontana to do the appraisal of the Old Stone Church.  Councilman LaForest said that he would contact Mr. Fontana.

Resolution 99 – 2012

Resolution Authorizing the Supervisor to Contract with David Fontana, Armstrong Appraisals

On a motion by Councilman LaForest, seconded by Councilman Wrisley, the resolution is ADOPTED:  Yes – 4         No – 0        Abstain – 1  LaForest

Resolved that the Supervisor is authorized to contract with David Fontana of Armstrong Appraisals for a fee of $1,200.00, for an appraisal of the property owned by the Town of Essex known as the Old Stone Church.

Supervisor Boisen told the Board that she needed authorization to sign the painting contract with DE Siteworks Plus and to be able to pay the contractor according to the contract which might constitute a “pre-pay” billing situation.  There was a discussion of what kind of paint was going to be used for the exterior of the building.  The Supervisor said that she is concerned about the rot that was discovered during Larry Blanchard’s repair work.  Further she advised that some of the repair work was unacceptable and would have to be fixed before final payment.

Councilman LaForest said that he did not want to add on to Blanchard’s contract to fix the rot.  Councilwoman LaPine said that rot repair work has to be an RFP, Request for Proposal, rather than going out to bid.  The Supervisor concurred that we will put out an RFP for the rot work.

Resolution 100 – 2012

Resolution Authorizing Requests for Proposals of the Rot Repair to the Town Hall

On a motion by Councilman MacDougal, seconded by Councilwoman LaPine, the resolution is ADOPTED:   Yes – 5                      No – 0

Resolved that the Town of Essex shall accept RFP’s for the repair of the recently uncovered existing rot to the exterior of the Town Hall.

Regarding the Supervisor’s request to pay DE Siteworks Plus as a pre-pay, there was a discussion of what bills can be pre-paid (paid in advance of Town Board audit of monthly bills) and which cannot in accordance with municipal law.  Capital projects and projects  over one year period of time can be paid in advance and without prior authorization.

The Supervisor asked that when a project is awarded and there is a resolution to award, that the resolution duly authorize the Supervisor to also sign the contract.  The Council agreed this should be so and added to the wording of the resolutions.

Councilman LaForest said that he would like to write a grant to get a memorial flagpole installed on Beggs Point.  The Board thought that an excellent idea.

There was a discussion of the meeting on June 4 between counsel and the appraisers in Albany and if there was any advantage to going to the meeting.  The Supervisor advised that this was a normal process to hear the case so that each side can come to an agreement.  Councilman MacDougal said that the Board should at least know what they are negotiating before the meeting as we have not seen the appraisal.  Councilwoman LaPine asked if appraisers for both sides had access to all properties.  The Supervisor responded yes.

On a motion to enter into executive session at 4:30 p.m. to discuss a legal matter by Councilwoman LaPine, seconded by Councilman LaForest

On a motion to re-enter the meeting at 4:42 p.m. by Councilman LaForest, seconded by Councilwoman LaPine, the Board re-entered the Special Meeting with no action taken.

Supervisor Boisen asked if there was anything further to come before the Board tonight.

With nothing further to come before the Essex Town Board, the Special Meeting is adjourned at 4:43 p.m.

Respectfully submitted by

Catherine DeWolff, Town Clerk