TOWN BOARD MEETING

JANUARY 20, 2011

 

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, January 20th at 7:30 PM in the Town Hall 284 Broadway Port Ewen, New York with the following persons in attendance:

 

                                                                Supervisor John Coutant

                                                                Councilperson Gloria VanVliet

                                                                Councilperson Wayne Freer

                                                                Councilperson Donna McAuley

                                Absent                 Councilperson Kyle Barnett

 

                                                                Administrative Recorder:  Diane L. McCord, Town Clerk, CMC, RMC

 

Pledge to the Flag

 

Opening:  Supervisor Coutant called the meeting to order

 

Public Comment:  During this period Councilperson Wayne Freer discussed the viewing of “Workplace Violence” film and having it placed on our website.  A form could be downloaded through Adobe giving the viewers name and the date of the viewing.  Department Heads would be responsible for making sure their staff complied with the viewing since this is mandated through New York State.

 

Councilperson Freer commended Highway Superintendent Alan Larkin for the good job that has been done plowing our roads during the recent storms.  He has had several good phone calls in reference to the way the roads are being taken care of.  The Supervisor agreed with the commendation telling us that during the last storm and the next day’s pending storm Bruce Woinoski traveled to New Jersey for parts to fix two downed vehicles, repaired the vehicles and was back plowing at the following day at four in the morning. 

 

Claudia Engel:  Ms. Engel wanted to do something for the Town of Esopus Library Duck Pond and the Library wanted a mural.  She painted a picture of the Town of Esopus Old Library and Timely Signs made a mural for the Library without charge.  She was then commissioned to paint a sign for the Bi-Centennial of the Freeman Building.  She wanted to blend the two pictures together and she didn’t have much to work with because the Freeman Building was dismal.   Claudia painted Mr. Ewen bringing candy to his wife standing at the door and the river background ties into the Library picture.  She did succeed in matching the two pictures which she has now dedicated to the Town of Esopus.  The natural wood frames compliment the rooms’ wooden trim.  The Town Board was pleased with the paintings and suggested smaller matted prints could be sold to raise money for the Bi-Centennial.  Pictures on the Bi-Centennial Postcards coupled with these paintings could be made into a calendar.  Perhaps the Esopus Businessman’s Association would sponsor such an endeavor.

 

 

 

 

 

 

 

 

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1.  Resolution – Seven Member Recreation Board

 

The Recreation Board has requested an increase in their membership from a five to seven man board.  Through investigation it was discovered the change from a fourteen member board to a five member board was done by resolution and not by a local law.  After contacting our Attorney Paul Kellar we were informed we could change the membership again by resolution.  In order to resolve the matter in the most correct form we should pass a local law , for now a resolution will be used.

 

RESOLUTION TO CHANGE RECREATION COMMISSION

FROM A FIVE MEMBER BOARD TO A SEVEN MEMBER BOARD

 

BE IT RESOLVED, by the Town Board of the Town of Esopus, in the County of Ulster, State of New York, as follows:

 

WHEREAS, as per Chapter 39 of the Town of Esopus Code Entitled Recreation Commission; Section 39-2 Membership the Recreation Commission currently consists of five commissioners and it has been determined by the Town Board that this board should be increased to seven commissioners.

 

THEREFORE, BE IT RESOLVED, that the Town of Esopus Town oard has decided to change Chapter 39 Section 39-2 to change the composition of the Recreation Commission from five commissioners to seven commissioners effective immediately.

 

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Wayne Freer

 

                                                                Supervisor John Coutant                              Aye

                                                                Councilperson Gloria VanVliet                  Aye

                                                                Councilperson Wayne Freer                       Aye

                                                                Councilperson Donna McAuley                 Aye

                                Absent:                                Councilperson Kyle Barnett       

 

Resolution duly adopted.

 

 

2.  Resolution – Standard Work Day/Reporting Resolutions RS2417-A (Elected and Appointed Officials)

 

A resolution was proposed to establish a standard work day for elected and appointed officials to place the town in compliance with the statute established by the retirement system in 2009.  There was lengthy discussion concerning how many hours a month councilpersons work considering the three Town Board Meetings and as liaisons to their particular boards (ten to twelve hours a month).  The resolution was tabled because elected and appointed officials should be keeping track of their own hours and reporting them. 

 

 

 

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3.  Introduction of Local Law No. 1 and Local Law No. 2

 

We have been advised by our Attorney Paul Kellar the following “An issue has arisen regarding the status of Chapter 39 of the present town code addressing the recreation commission.  The history note for chapter 39 indicates that the text was adopted by the Town Board on October 19, 2006.  The clerk advises that it was adopted by resolution not be enactment of a local law.  There is no record indicating that the Town Board subsequently enacted a local law adopting chapter 39.  Therefore, the inclusion of the resolution in the town code as chapter 39 is in error.  However, the resolution of October 19, 2006 is still valid and may be amended by resolution of the Town Board.  In the event that the town wishes to officially codify the text of chapter 39, a local law is required.”

 

                                                                                CHAPTER 39

                                                                RECREATION COMMISSION

 

39-1.      Establishment.                                                                 39-4.      Monthly minutes; recreation budget.

39-2.      Membership; term; successors                                 39-5.      Compensation

39.3.      Officers; meeting procedures; quorum;                                39-6.      Vacancies

                Records and annual report                                          39-7.      Powers and duties

 

 39-1.  Establishment.

 

A commission is established which shall be known hereafter as the “Town of Esopus Recreation Commission,” formerly known as the “Ross Park and the Town of Esopus Recreation Commission.”

 

39-2.  Membership; term; successors

 

The Town of Esopus Recreation Commission shall consist of seven Commissioners who shall be residents of the Town and shall serve at the pleasure of the Town Board for a term of five years, and the members of such Commission first appointed shall be appointed for such terms that the term of one Commissioner shall expire annually thereafter; and their successors shall thereafter be appointed to serve terms of years which shall total in number the membership of such Commission.  The Summer Program Director, chosen by the Town Board, and a parks employee employed by the Town of Esopus shall serve as ex officio members of the Commission.

 

39-3.   Officers; meeting procedures; quorum; records and annual report.

 

The Town Board shall designate a member of the Commission to act as Chairman thereof.  At the first

Meeting of the Commission, its members shall elect from among themselves a Recording Secretary.  The Commission shall adopt rules and procedures for its monthly meetings.  Four voting members shall constitute a quorum in order to carry out a vote.  The Commission shall keep accurate records of its meetings and activities and shall file an annual report with the Town Supervisor.

 

39-4.  Monthly minutes; recreation budget.

 

 

 

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The Commission shall submit its monthly minutes to the Town Board concerning the activities and work of the Commission and shall submit its recommendations regarding the recreation budget by September 1, each year, to the Town Supervisor.

 

39.5  Compensation

 

The members of the Commission, including ex officio members, shall receive no compensation for their services as members thereof but may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties within the appropriations which may be made available.

 

39-6.  Vacancies.

 

The vacancies in such Commission occurring otherwise than by expiration of term shall be filled in the same manner as original appointments.

 

39-7.  Powers and duties

 

The Town of Esopus Recreation Commission shall advise the Town Board, notwithstanding the terms set forth above, for the purpose of identification, coordination and systemization of all the recreation needs of the Town of Esopus, including but not limited to playground, parks, neighborhood recreation centers, events and festivals, with all the powers and responsibilities of local authorities under Article 13 of the General Municipal Law.

 

This local law will take effect upon filing with the Secretary of State.

 

 

 

Local Law No. 2 amends the present text of Chapter 76 and replaces it with the following:

 

Chapter 76

 

FEES

 

Article I

 

General Provisions

 

76-1.  Town and Special District Services

 

Article 76-1  Town and Special District Services.

 

The Town Board may, by resolution and majority vote, set and amend rates, and/or charges for any Town service and for any services of any special district service.  These powers shall also apply to fees in force at the time of the enactment of this chapter.

 

This local law will take effect upon filing with the Secretary of State.

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It is believed this local law will help the codebook to be less confusing and will not need to be changed every time a new or changed fee schedule is adopted.

 

5.  Emerald Ash Borer

 

The Supervisor explained a creature has invaded our state and it is expected three million ash trees will be destroyed.  In order to stop the spread of this invader the DEC representative has visited the Supervisor and he will attend our next Environmental Board Meeting hoping to educate people about the Emerald Ash Borer.

 

6.  Presentation Church Property

 

Presentation Church owns the parking lot at Ross Park and has graciously rented us the lot for town use for the past several years for $1.00 per year.  The church has been given permission to sell the lot which goes through to Bayard St.  This will require a study by the Town Board.  The Supervisor will write Rev.

Carl Johnson telling him we are interested.  We need time to answer.

 

A Motion was made by Councilperson Wayne Freer and seconded by Councilperson Donna McAuley to authorize the Supervisor to answer Fr. Carl Johnson’s letter and to tell him we are interested in the Ross Park parcel.  All Town Board Members present voted in favor.  Motion Carried.

 

7.  Energy Audit

 

Supervisor John Valk from Shawangunk called Supervisor Coutant about having an energy audit being done by Central Hudson at no cost.  Supervisor Coutant agreed but the gentlemen could find no energy savings since our building was already constructed with as many energy saving lights as possible.  He will visit the Highway and Water Departments for energy savings.

 

8.  Budget Adjustments

 

 

RESOLUTION AUTHORIZING BUDGET ADJUSTMENTS

  December Final Vouchers

 

BE IT RESOLVED, by the Town Board of the Town of Esopus, County of Ulster as follows:

 

WHEREAS, the Town of Esopus has been presented with budget adjustments and the adjustments have

been examined and approved by the Town Board,

 

THEREFORE, BE IT RESOLVED, that the following budget adjustments be approved for payment:

 

AO 0599.000      Fund Balance                  AO 1110.400      Justice Contractual                       $   177.09

AO.0599.000       Fund Balance                     AO 1110.100       Justice Personnel                            $    761.48

AO.0599.000       Fund Balance                     AO 13355.100     Assessor Personnel                        $ 1,774.03

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AO.0599.000       Fund Balance                     AO 1620.100       Building Personnel                         $    433.59

AO.0599.000       Fund Balance                     AO 1620.401       Bldg. Maintenance                         $ 2,035.93

AO 0599.000     Fund Balance                   AO 3510.100      Dogs Personnel                              $ 1,160.87  

AO 0599.000       Fund Balance                     AO3620.100        Safety Inspection Personnel      $  1,192.63

AO 0599.000       Fund Balance                     AO 5010.100       Highway Personnel                        $    576.23

AO 0599.000       Fund Balance                     AO 5132.401       Highway Garage Contractual      $    299.62

AO 0599.000       Fund Balance                     AO 7110.4            Parks/Maintenance Personnel  $    311.06

AO 0599.000       Fund Balance                     AO 8011.4            ZBA Contractual                               $    199.23

AO 0599.000       Fund Balance                     AO 9030.8            SS Benefits                                         $ 2,404.07

SS.0599.000        Fund Balance                     SS 8110.1             Sewer Personnel                             $ 5,575.35

SS.0599.000        Fund Balance                     SS 9045.8             Life Ins.                                                                $      23.36

SW 0599.000      Fund Balance                     SW 8310.1           Water Personnel                             $ 1,698.76

SW 0599.000      Fund Balance                     SW 9045.8           Life Ins.                                                                $      31.65

 

 

 

Resolution offered by Councilperson Donna McAuley

Resolution seconded by Councilperson Gloria VanVliet

 

                                                                Supervisor John Coutant                              Aye                       

                                                                Councilperson Gloria VanVliet                  Aye

                                                                Councilperson Wayne Freer                       Aye

                                                                Councilperson Donna McAuley                 Aye

                                Absent:                                Councilperson Kyle Barnett       

 

Resolution duly adopted            

               

                                                                                               

 

There was lengthy discussion concerning the budget transfers prior to the passage of the budget

 adjustments.

 

9.  Payment of Vouchers

 

 

Be it Resolved, by the Town Board of the Town of Esopus, County of Ulster as follows:

 

Whereas, the Town of Esopus has been presented with vouchers for payment and these vouchers have been examined and approved by the Town Board,

 

Therefore, Be it Resolved, that the following vouchers be approved for payment:

 

General Fund                    101616-101645                                                  $39,827.22

Highway Fund                   102277-102299                                                  $59,492.82

Capital Fund

Street Lighting

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Port Ewen Sewer Fund  103187-103200                                                  $ 9,735.37

Port Ewen Water Fund  1014317-104344                                                $21,405.14

 

Total………………………………………………………………………………………….$130,459.55

 

Resolution offered by Councilperson Gloria VanVliet

Resolution seconded by Councilperson Donna McAuley

 

                                                                Supervisor John Coutant                              Aye

                                                                Councilperson Gloria VanVliet                  Aye

                                                                Councilperson Wayne Freer                       Aye

                                                                Councilperson Donna McAuley                 Aye

                                Absent:                                Councilperson Kyle Barnett

 

Resolution duly adopted.

 

 

 

 

                                                RESOLUTION AUTHORIZING PAYMENT OF BILLS

January 2011

 

BE IT RESOLVED, by the Town Board of the Town of Esopus, County of Ulster as follows:

 

WHEREAS, the Town of Esopus has been presented with vouchers for payment and these vouchers have been examined and approved by the Town Board,

 

THEREFORE, BE IT RESOLVED, that the following vouchers be approved for payment:

 

                                                                               

 

General Fund                    111001-111034                                                                  $  23,752.43

Highway Fund                   112001-112003                                                                  $    1,141.00 

Capital Fund                      115001-115003                                                 $  85,447.31

Street Lighting                  116001                                                                                  $    5,915.11

Port Ewen Sewer Fund  113001-113006                                                                  $    9,475.27   

Port Ewen Water Fund  114001-114007                                                                  $   21,398.07

 

Total………………………………………………………………………………………………………$147,129.19

 

 

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Wayne Freer

 

                                                                Supervisor John Coutant                              Aye

                                                                Councilperson Gloria VanVliet                  Aye

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                                                                Councilperson Wayne Freer                       Aye       

                                                                Councilperson Donna McAuley                 Aye

                                Absent:                                Councilperson Kyle Barnett

 

Resolution duly adopted.

 

10.  Approval of Minutes

 

A Motion was made by Councilperson Wayne Freer and seconded by Donna McAuley to approve the previous months minutes.  All Town Board Members present voted in favor.  Motion Carried.

 

11.  Communications and Reports of Boards and Commissions

 

The following reports were received and can be reviewed in the Town Clerks’ Office:

 

Town Clerk’s Report for December 2010

Supervisors Report for December 2010 and January 2011

Assessors Report dated January 11, 2011

Planning Board Minutes dated Dec. 12, 2010

Building Dept. Report for December 2010

Port Ewen Water and Sewer Board Meeting Agenda dated 1-10-11

Waterfront Advisory Board Annual Report dated 2010

 

Recreation Report as given by Councilperson Wayne Freer included the following:

 

Egg Hunt                              April 23 at Freer Beach

Summer Camp                  June 27-August 12th

Memorial Day                    May 30th

Bi-Centennial                     Oct. 1

Halloween Dance             October 29th

Winter Wonderland

Parade                                  December 10

 

 

A Motion to adjourn was made by Supervisor Coutant at 8:55 PM and seconded by Councilperson Wayne Freer.  All Town Board Members present voted in favor.  Motion Carried.

 

                                                                                                                Respectfully submitted,

 

 

 

                                                                                                                Diane L. McCord

                                                                                                                Town Clerk, CMC, RMC