DRAFT
ESSEX TOWN BOARD
Special Meeting
June 14, 2012
7:00 p.m.
Supervisor Boisen opened the meeting at 7:00 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
Guests: Jim Dougan, Reg Bedell, Fire Commissioners of District #1: Frank Walls, Barbara Kunzi, Kristin Kimball, Dianne Lansing, and 1Craig Jackson
Supervisor Boisen opened the Special Meeting at 7:00 p.m. The purpose of the meeting is to discuss the contract/easement agreement between the Town of Essex and Fire District #1 for the testing of and placement of wells on the Fire District’s property. There was a discussion between the Town Board and Fire Commissioners present from District #1 about signing the contract. The Fire Commissioners did not like the 10,000 gallon limit of tap water initially presented in the contract and were agreeable to the contract as presented except for the 10,000 limit.
Jim Dougan from AES described that a better figure might be 100,000 per year based on the usage of a single family home.
There was a discussion of a scenario of a state of emergency and if 100,000 per year would be enough in that type of situation.
It was agreed between the Town Board and the Fire Commissioners of Fire District #1 that the 100,000 gallons of free tap water per year added to the contract was sufficient.
Supervisor Boisen suggested that the Fire Commissioners pass a resolution accepting the contract. The Fire Commissions questioned whether the meeting was posted. Supervisor Boisen responded in the affirmative and that the notice made clear that both Boards were meeting.
Resolution by the Fire Commissioners of Fire District #1 Accepting the Contract with the Town of Essex for Wells.
On a motion by District 1 Fire Commissioner Craig Jackson, seconded by Commissioner Dianne Lansing, the resolution is ADOPTED by unanimous vote of the Fire Commissioners of District one: Yes-5 Wall, Kimball, Kunzi, Lansing, Jackson No-0
Resolved that the Fire Commissioners of District #1 in the Town of Essex accept the contract/lease agreement as presented by the Town of Essex including the change of 10,000 (ten thousand) gallons to 100,000 (one hundred thousand) per year of free tap water.
Resolution 101 – 2012
Resolution Accepting the Contract for Wells with Fire District #1
The Supervisor called for a resolution to accept the contract with Fire District #1 and change the wording to say 100,000 gallons of free tap water per year. So moved by Councilman Harold MacDougal, seconded by Councilman James LaForest, as well as authorizing the Supervisor to sign the contract with Fire District #1 the resolution is ADOPTED: Yes-5 LaPine, MacDougal, LaForest, Wrisley, Boisen No-0
Resolved that the Town of Essex has negotiated in good faith with and has agreed and accepted the contract with Fire District #1 for wells as amended to 100,000 gallons of tap water per year and which is made part of these minutes.
Frank Walls, Chairman of the Fire Commissioners of District #1 told Jim Dougan of AESNE that when the contractors are hired to do the work, the Commissioners would like a written contract with the contractors. Mr. Dougan agreed.
Attorney Reg Bedell brought up the question of what would happen if the Fire Dept. moved from that location, would they still be entitled to the free water and if the new owner of the property would also be entitled to free water. There was a discussion of whether the contract went with the Fire District’s property or with the Commissioners and Department who could sell the land and building and move to another location. There was a discussion of easements on the property. Reg Bedell suggested that those clarifications should be made part of the contract. Frank Walls said that as long as the Fire District moved within the Water District, they should get the free water. Councilman Mark Wrisley stated that if the Fire District dissolves, the taxpayers paid for that, it would have to come to the Town Board. It would be a new contract.
Supervisor Boisen told the Town Board that we are agreeing to this now and what happens later we will re-consider. Both Boards agreed.
The Supervisor clarified with Jim Dougan that all four potential wells would be on the Fire District property. Mr. Dougan responded, yes. There was a discussion of the 200’ circumference of well protection. Mr. Walls asked if that was just a buffer zone for the wells. Supervisor Boisen said yes, there has to be a 200’ circumference from the septic system.
With no further discussion, the Supervisor thanked the Fire Commissioners for coming and resolving the contract issues. The Fire Commissioners left the meeting at 7:45 p.m.
Supervisor Boisen advised the Town Board that they needed to discuss wells further.
Jim Dougan of AES said that the Fire District had a poor contract with the contractors while they were on their property during the sewer project; however, it was not AES’s fault. They, the Fire Commissioners, need to negotiate a good contract next time.
Supervisor Boisen relayed that she has spoken to Bond Council and we need a resolution for $75,000 (+/-) to borrow from the General Fund to pay for the test wells as finance law requires it.
Councilman LaForest queried that we want a resolution for an amount that may or may not be the amount we need for the test wells?
The Supervisor advised the Board that we passed the Resolution of Intent for the $2.9 M. We need to transfer money from one account to another to get the process going. The $75,000 figure should be enough to get that process started.
Resolution 102 – 2012
Resolution Authorizing the Supervisor to Transfer $75,000 from the General Fund to the Water Capital Project Fund for the test wells. On a motion by Councilman James LaForest, seconded by Councilman Harold MacDougal, the resolution is ADOPTED: Yes – 5 LaPine, MacDougal, LaForest, Wrisley, Boisen No-0
Resolved that the Supervisor is given the authority to transfer the funds described to start the process of securing the test wells.
There was a discussion that a resolution was needed authorizing AESNE to proceed with the RFP for the test wells.
Resolution 103 – 2012
Resolution Authorizing AESNE to proceed with the Request for Proposals for the Test Wells at the Fire District #1 property.
On a motion by Councilman Mark Wrisley, seconded by Councilwoman Claire LaPine, the resolution is ADOPTED: Yes-5 LaPine, MacDougal, LaForest, Wrisley, Boisen No-0
Resolved that the Town Board authorizes AESNE to proceed on their behalf with the request for proposals for the well drillers.
Dr. LaForest asked Jim Dougan if we had specs for the job. Mr. Dougan responded in the affirmative and that they will be getting a well driller very soon and the specs will eliminate some applicants. There was a discussion of the depth of the wells necessary which would preclude some drillers from the job. Further, he advised that AESNE will start developing the plans right away and be ready to go when the Town is ready.
The Supervisor brought up the rates for water. She advised that from the years 2003 to 2006 the debt service was billed ad valorem on the tax bills. She advised that we are researching this to see if this must occur and if so, we will make it right for 2013. Supervisor Boisen explained further that we cannot find when it changed to a billing procedure, but it is a project we are working on. There was a discussion of the rights of the APA.
With nothing further to come before the Essex Town Board, the Supervisor adjourned the meeting at 8:00 p.m.
Catherine DeWolff, Town Clerk