REGULAR MEETING, TOWN OF ELIZABETHTOWN, APRIL 21, 2009

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1 REGULAR MEETING, TOWN OF ELIZABETHTOWN, APRIL 21, 2009 A regular meeting of the Town Board of the Town of Elizabethtown, County of Essex, in the State of New York was held at the Town Hall, 7563 Court Street, Elizabethtown, N.Y. on the 21st day of April PRESENT: Noel Merrihew- Supervisor Joseph Martin-Councilman Philip - Councilman Kenneth Fenimore- Councilman Michael McGinn- Councilman Debra Brooks- Town Clerk Denis Aubin-Highway Superintendent OTHERS PRESENT: Mal Hackett, Maggie Bartley, Helen Fenoff-Daneker, Don Fletcher, Evelyn Hatch, Bruce Pushee, Pete Frisbie, Kevin McKee, Karen Tenney, George Salg, Elena Bornstein. Supervisor Merrihew called the meeting to order at 7:06 PM. RESOLUTION ACCEPT MINUTES FOR MARCH 2009 On a motion of Councilman Martin, seconded by Councilman McGinn, the following resolution was Resolved that the minutes of March 17, 2009 be accepted.

2 RESOLUTION ACCEPT MINUTES FOR PUBLIC HEARING MARCH 2009 On a motion of Councilman McGinn, seconded by Councilman Martin, the following resolution was Resolved that the minutes of the Public Hearing held on March 17, 2009 be accepted. PUBLIC COMMENT- NONE COMMUNICATONS- Supervisor Merrihew wanted to make a Public comment and correction. The letter Malcolm Martin sent to the Board and to the Valley News stated that Councilman being away on vacation mandated the necessity to wait to vote on the proposed local law. This is not true. There has to be 4 votes in the affirmative to pass a local law. It doesn't mean that all 5 Board members have to be present. It was Supervisor Merrihew's call to wait for a full Board to vote. He felt that it was important enough to have all Board members present for the vote. Councilman wants the Town to know that the Board can continue to function with three members. As far as the Golf Course meetings being held behind closed doors this is also untrue. Supervisor Merrihew would like to invite anyone

3 to review the minutes to show that this subject is referred to at open meetings. RESOLUTION FILE COMMUNTICATION On a motion of Councilman McGinn, seconded by Councilman Martin, the following resolution was after discussion ADOPTED Ayes-5 Merrihew, McGinn, Martin, Fenimore, Resolved that all communications be filed. OLD BUSINESS- 1. Proposed Local Law- RESOULTION MOTION TO DISCUSS PROPOSED LOCAL LAW OWF On a motion of Councilman Fenimore, seconded by Councilman McGinn, the following resolution was ON THE TABLE FOR DISCUSSON all in Favor. During the discussion Councilman Fenimore made the following resolution: RESOULTION AMEND PROPOSED LOCAL LAW On a motion of Councilman Fenimore, seconded by Councilman, the following resolution was ON THE TABLE FOR DISCUSSON all in Favor. During this discussion it was determined that the proposed amendment would have to go through the proper channels to be added to the proposed law. Councilman

4 Fenimore at this time withdrew the amendment. Councilman was in agreement as was the rest of the Board. The ROLL CALL VOTE on RESOLUTION was as follows: Ayes-0 Nays-5, Fenimore, McGinn, Martin, Merrihew Be it resolved, that the Town of Elizabethtown has not approved the Proposed Local Law as written and that the Moratorium is still in effect for the outdoor wood burning devices. Where as, the Board will draft a new Proposed Law and inform the public of the next meeting on this. The Board has noted that there have been complaints on the four burners that are in existence at this time. 2. NYS Retirement RESOULTION STANDARD WORK DAYS On a motion of Councilman Martin, seconded by Councilman, the following resolution was with a ROLL CALL VOTE

5 BE IT RESOLVED, that the Elizabethtown Town Board be and hereby establishes the following as a standard workday for elected and appointed officials for the purpose of determining days worked reportable to the New York State and Local Employee's Retirement System: ALL ELECTED OFFICALS- Five day work week, six hour day: Supervisor Councilperson Town Clerk Receiver of Taxes Five day work week, eight hour day: Superintendent of Highways APPOINTED OFFICIALS Five day work week, six hour day: Members of Board of Zoning Appeals Members of Planning Board RESOULTION REPORTING RESOLUTION On a motion of Councilman Martin, seconded by Councilman, the following resolution was

6 Be it resolved, that the Town Board authorizes service credit reported to NYSLRS for each official of the Town of Elizabethtown. 3. Furnace Quotes- Supervisor Merrihew has advised the Board that he is receiving quotes and they will be available for the next meeting to make a decision. 3. Highway garage- Councilman McGinn would like to have the highway department take the measurements for the tin roof and get formal quotes for the tin now because the price is at an all time low for tin. The Board agrees. NEW BUSINESS- 1. Sewer Capital Project- The First drawdown is in motion. RESOULTION AUTHORIZE BARTON&LOGUIDICE TO COMPLETE SEWER PROJECT PLANS. On a motion of Councilman, seconded by Councilman Martin, the following resolution was with a ROLL CALL VOTE

7 Resolved that the Town of Elizabethtown's Board authorizes Barton & Loguidice to complete the Wastewater Treatment Plant & Sewer Improvements. To obtain all necessary easements, permits and paperwork that is necessary to move forward with this project. 2. NYS Comptroller- Audit The NYS Comptroller has notified the Town of Elizabethtown that they will do an audit of the Town within the next few weeks. 3. Adirondack Community Action Program (ACAP) ACAP will be having a summer job program for young adults. The Town will be applying to ACAP to have a couple of these young workers to help out at the Golf Course for the summer. This will be at no cost to the Town. ACAP will be receiving stimulus money to fund this program. COMMITTEES- 1. Water- bills have been sent out. The hydrants have been flushed. 2. Fire- the fire department is seeking funding for their expansion. Paul Hooper is considering a website for the fire department. The Town has suggested a possible line on their site. 3. Parks & Rec.- are looking for volunteers for clean up on the trails. The footbridge steps need to be repainted. Thanks to Councilman for checking the complaint about the loose steps. 4. Youth-are working on the summer program. They will be starting baseball in May, which will be held in the evenings this year. 5. Zoning-Mr. Slycord is working on fire safety inspections for the Town. Lee Norton's proposal for a new local law is not necessary. The local law that is in place meets our needs. Evelyn Hatch has submitted an

8 article that will be published in the Valley News. The Planning Board will hold another informational meeting on May 6, 2009 at 7:00 pm in the Town Hall. has met with the code officer and things are going well. 6. Golf Course-there has been work sessions for the rates. They have proposed to raise the rate for the High School to $75.00 and eliminate the after 4 o'clock fee. They are accepting bids for 2 golf carts. The 7th green may have some issues. We are waiting for the results of the testing from Matrix. RESOULTION GOLF COURSE RATES On a motion of Councilman Fenimore, seconded by Councilman, the following resolution was with after discussion and a ROLL CALL VOTE ADOPTED Ayes- 4 Merrihew, McGinn, Fenimore, Nays-1 Martin Resolved that the Town of Elizabethtown Board has adopted the following: MEMBERSHIPS RESIDENTS NON-RESIDENTS Single - $ Single - $ Couple - $ Couple - $ Family - $ Family - $ ELCS STUDENTS - $75.00 ELCS ALUMNI - COLLEGE STUDENTS - $100.00

9 GREEN FEES $ Holes $ Holes FIVE-DAY TICKET - $ Not usable Weekends or Holidays CART & GOLF CLUB RENTALS RIDING CARTS / PULL CARTS 9 Holes $ $ Holes $ $ 3.00 Golf Clubs $10.00 (per bag) 7. E-L Chamber-will be updating their web site and are working on their bi-laws. They have stickers for their members' doors. They are also hoping to have flowerpots on the bridges on Water Street and River Street. They hope to have more social events for their members. 8. Trails-had a meeting and discussed the damage to the trails that have been done by a full sized vehicle. They would ask the public to stay off the trails during mud season as not to cause the damage to the trails. They would also like to build a barrier to stop the use of the trails by a full sized vehicle that is prohibited. Sheri Amsel is working on a comprehensive trail map with other towns.

10 9. Highway-needs to have the garage door repaired. It has become a hazard. RESOULTION AUTHORIZE HIGHWAY GARAGE DOOR REPAIR On a motion of Councilman McGinn, seconded by Councilman, the following resolution was Resolved that the Town Board has authorized the Highway Superintendent to get quotes and have the garage doors repaired. RESOULTION MOVE TO EXECUTIVE SESSION On a motion of Councilman McGinn, seconded by Councilman, the following resolution was Resolved that the Town Board will move to executive session at 9:05 to discuss highway employee applications. RESOULTION 91-09

11 RETURN TO REGULAR SESSION On a motion of Councilman McGinn, seconded by Councilman, the following resolution was Resolved that the Town Board has returned to its regular session at 9:17 pm RESOULTION OFFER STEVE ST.DENNIS HIGHWAY POSITION On a motion of Councilman McGinn, with a unanimous second, the following resolution was Resolved that the Town Board has approved to offer Steve St Dennis the open position at the Highway department. The Town Board would also like to Thank David Heald for his 25 years of service to the Town at the Highway Department. RESOULTION EMPLOYMENT APPRECIATION DAVID HEALD On a motion of Councilman Fenimore, with a unanimous seconded, the following resolution was

12 Resolved that the Town of Elizabethtown's Town Board would like to thank David Heald for his 25 years of service to the Town at the Highway Department. We wish him Good Luck in his retirement. COMMENTS- 1. Town Clerk-just wanted to ask the public for help forming a committee for E'town Day, which will be July 18 this year. Anyone interested please call the Town Hall. Debra Brooks will announce a meeting at a future date. 2. Board Members- A. Martin-would like to start the fishing derby for Memorial Day RESOLUTION FISHING DERBY FUNDS On a motion of Councilman Martin, seconded by Councilman, the following resolution was Resolved that the town Board has authorized Councilman Martin to spend the monies allocated for the annual Memorial Day fishing derby. Martin is also concerned about our Town attorney Louis Cuomo. Supervisor Merrihew said that we are in the process of seeking a new attorney. B. Merrihew-has been in touch with Caleb Hall who is doing his Eagle Scout project getting a new flagpole for the Town. He and the American Legion will be ordering together. The American Legion will be funding the new flagpole that is going in the Park and except for a small donation of $ by the Town Caleb Hall will be raising the funds for the new Flagpole for the Town Hall.

13 C. Fenimore-would like to know how and what the town's obligations will be for the funding of the sewer project when it becomes available. RESOLUTION MONTHLY TRANSFERS On a motion of Councilman, seconded by Councilman McGinn, the following resolution with a Roll Call Vote was ADOPTED Ayes-5 McGinn, Merrihew, Martin, Fenimore, Resolved that the monthly transfers are approved. RESOLUTION SUPERVISOR'S REPORT On a motion of Councilman McGinn, seconded by Councilman, the following resolution with a Roll Call Vote was ADOPTED Ayes-5 McGinn, Merrihew, Martin, Fenimore, Resolved that the Supervisor's Report is accepted. RESOLUTION APPROVAL OF BILLS On a motion of Councilman McGinn, seconded by Councilman, the following resolution with a Roll Call Vote was ADOPTED Ayes- 5 McGinn, Merrihew, Martin, Fenimore, Resolved that the bills be paid for the Abstract period 03/18/ /21/2009: in the following amounts:

14 General Fund $52, Highway $8, Lighting $ Water District SW1 $48.78 Water District SW3 $ TOTAL $62, PUBLIC COMMENT- 1. Evelyn Hatch-is wondering how we can figure a cost if we do not know exactly where the treatment plant will be, because the Woodruff site is restricted. Supervisor Merrihew said this area is restricted not prohibited variances can be applied for. This sight has been looked at in previous years. We are following recommendations from different agencies. 2. Pete Frisbie-asked what the family rate is for if you have a student and college rates? It may a better deal for some families to choose the family membership. He also wanted to know if two people were a couple? Yes but defined in the rules. He was also wondering if there had been a determination whether or not they were going to do away with private carts and is there a fee? The Board has not made a determination about the private carts as of yet and there is a trail fee for them. Mr. Frisbie questioned whether or not the fee was being collected or not. Some of the users of the private carts pay a one-time fee for the season and some pay per use. With no further business on a motion of Councilman McGinn, and a unanimous second the meeting was adjourned at 9:48 PM. Respectfully Submitted, Debra Brooks

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