TOWN BOARD MEETING

MAY 18, 2006

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, May 18th at 7:30 PM at the Town Hall on Broadway in Port Ewen, New York with the following persons in attendance:

Supervisor John Coutant

Absent: Councilperson Gloria VanVliet

Councilperson Wayne Freer

Councilperson Michael Lange

Councilperson Deborah Silvestro

Administrative Recorder: Diane L. McCord

Town Clerk, CMC, RMC

Guests Library Director, Kelly Tomaseski

Highway Supt. Al Larkin

Planning Board Chairperson Roxanne Pecora

Building Inspector, Tim Keefe

Daily Freeman Reporter, Donna Cafaldo

Mr. & Mrs. Donald Glass

Michael Melendy

Susan Boice Wick

Colin Evans

Robert & Irene Emberson

Vince Fisher

Gary Swinger

Patty Kowatch

Sal Silvestro

Jon Haight

Pledge to the Flag

Supervisor John Coutant called the meeting to order at 7:30 PM

Public Comment:

Donald Glass: Donald Glass and his wife are residents of the Connelly Trailer Park and live next to property owned by James Rieker. People ride their quads on this property all the time and they raise dust and dirt which ends up on the Glass trailer, cars, clothing and food. The trailer park management can do nothing to solve this dilemma and Donald Glass has come to the town to get relief. Supervisor Coutant will try to come up with a solution.

Item 1

Colin Evans: "I have told the board about my project to produce a digital version of the town of Esopus history.

While planning this effort it has occurred to me that all the material (photos maps, documents, deeds, grants, etc.) That I will digitize for use in the program could and should, with the permission of the owner (s) of the material, be preserved in a digital archive or database for use in the future in programs like this.

The technology and availability for storage of this data is available via the web and is relatively inexpensive. The town’s existing website would probably accommodate the database without additional cost. The protocols for retrieval of the data are somewhat more complicated but not overly so.

However, the town would have to accept ownership of and responsibility for this database. Initially, while establishing and filling the database, this would not present a significant administrative burden but, depending on the board’s ideas for eventual use of the database, it would require some attention to the development of policies for retrieval and use. I am convinced that there is precedent for this in other towns and that a volunteer committee could handle this function.

It occurs to me that this could be expanded to replace some of the functions that are handled by the town historian and would significantly reduce her burden, specifically the storage of relevant material from the local press. This material is probably already available from the press in digital form and could therefore be handled without the cutting and pasting and physical storage that is currently employed. It should also reduce the burden on the Town Clerk’s office, especially in the processing of FOIL requests.

Item 2

I am aware that Marian Schoettle has tendered her resignation as the town’s representative on the Kingston Public Access Commission. I suspect that the town is considering the nominating of a replacement. I am also aware that the towns involved in the Time Warner franchise are negotiating new contracts that may dramatically affect the future of the Public Access Commission. I urge the board to develop a clear mandate for their intended representative on this commission or its successor organization so that he or she will clearly understand their obligations to the town in this regard."

Colin Evans suggested the Town consider an "Advisory Board". Councilperson Michael Lange asked Colin if he would be interested in serving on this board and he answered in the affirmative.

Councilperson Freer said this could be discussed at the next Workshop Meeting. Colin Evans suggested before making appointments to this board terms of reference should be established and documented.

Susan Boice Wick: Susan believes the Supervisor has received a letter from her attorney concerning the problems she has been having with her FOIL requests. She came to say the problems continue to compound. Besides being denied access to records she is having problems getting timely responses and certifications and field information. She would like to know what is going to be done about this? She would like to meet with the Supervisor to discuss it if he was so inclined....if not....so be it.

Supervisor Coutant: Supervisor Coutant said he had offered to meet with Ms. Wick and offered his personal assistance and Ms. Wick turned around and walked away stating that is not how it is going to be. The Supervisor was unhappy with Ms. Wick’s attitude about accepting help.. Ms. Wick said that concerned one situation and one request and she has other problems that need to be addressed. She continued....we can do this by meeting or she could hand it over to her attorney. Supervisor Coutant asked for her to make an appointment. She requested one for next week?

Tim Keefe, Building Inspector: On the agenda this evening you have "Appointment of Fire Inspector" and in all fairness I would ask you postpone this appointment until we sit down in Executive Session and discuss this? Councilperson Freer thought this was fair and asked Tim Keefe to attend the next Workshop Meeting? Councilperson Silvestro asked if the Fire Inspector would serve under the Building Inspector? The answer was in the affirmative.

A motion was made by Councilperson Deborah Silvestro and seconded by Supervisor John Coutant to table the appointment of Fire Inspector. All Town Board Members present voted in favor. Motion Carried.

Vince Fisher: Vince Fisher asked if there was a list of applicants for the position of Fire Inspector and if those names could be made public? Supervisor Coutant answered yes.

1. A Motion to approve the Minutes of the April Town Board Meetings was made by Supervisor John Coutant and seconded by Councilperson Michael Lange. All Town Board Member present voted in favor. Motion Carried.

RESOLUTIONS

1. Resolution to Maintain Highway Lighting

Resolution of the Town Board of the Town of Esopus agreeing to maintain, repair and energize a Highway Lighting System on or along State Highway within the geographical jurisdiction of the Town, such highway identified as Route 9W PIN 8039.94, County of Ulster,

WHEREAS, the State of New York Department of Transportation proposes to construct a State Highway identified as Route 9W PIN 8039.94, County of Ulster, within the geographical jurisdiction of the Town of Esopus, and

WHEREAS, the Town of Esopus approves of such project and desires to have a highway lighting system on such highway within its geographical jurisdiction, and

Whereas, the State of New York has agreed to provide as a part of the project the following items in connection with a street lighting system:

Underground duct system, including conduits, pull boxes, hand holes and drainage pockets.

Ducts, pull boxes and anchor bolts on structures.

Foundation for light standards.

Light standards and bracket arms.

Luminaires, wiring switches and ballasts and all other components necessary to complete the lighting system, provided that the Town of Esopus agrees to maintain, repair and energize such highway lighting system until such time as the COMMISSIONER, in his discretion, determines that such lighting and/or the maintenance of such lighting system is no longer necessary for such Highway.

NOW, THEREFORE, the Town Board, duly convened, does hereby

RESOLVE, that the Town of Esopus approves of the above subject project; and it is hereby further

RESOLVED, that the Town Board of the Town of Esopus hereby authorizes the Town Supervisor of the Town of Esopus to enter into and execute the Agreement annexed hereto with the State of New York and through the Commissioner of Transportation to commit the Town of Esopus to maintain, at its own expense, the lighting system on the above-identified project, such agreement to provide that the maintenance shall include the repair and replacement of equipment and the furnishing of electric current for the lighting system, and

5

BE IT FURTHER RESOLVED, that the Clerk of this Board is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation.

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Deborah Silvestro

Supervisor John Coutant

Absent: Councilperson Gloria VanVliet

Councilperson Wayne Freer

Councilperson Michael Lange

Councilperson Deborah Silvestro

Resolution duly adopted.

 

On the 18th day of May 2006 the Resolution to Maintain Highway Lighting was adopted by the Town of Esopus Town Board.

 

____________________________________

Diane L. McCord, Town Clerk

2. RESOLUTION FOR MAINTENANCE OF WATER MAINS

Resolution of Town Board

WHEREAS, the New York State Department of Transportation proposed the reconditioning and preservation of Route 9W S.H. 310, 5599, 5599D in the Town of Esopus and

WHEREAS, the State will include as part of the reconstruction of the above mentioned project the relocation and replacement of existing water mains, fire hydrants and service connections pu4suant to Section 10, Subdivision 22 of the Highway Law, as shown on the contract plans relating to the project and

WHEREAS, the service life of the replaced utilities will be extended.

NOW, therefore BE IT RESOLVED, that the Town of Esopus approves the replacement and that the Town of Esopus will pay the cost of all of the new 12" ductile iron (mechanical joint) water main, service connections, shut off valves and fittings required to complete the work, in the manner designated by the New York State Department of Transportation and it is further resolved that the Town of Esopus will maintain these utility replacements.

BE IT FURTHER RESOLVED: that the clerk of this Board is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation.

Resolution offered by Supervisor John Coutant

Supervisor John Coutant Aye

Absent: Councilperson Gloria VanVliet

Councilperson Wayne Freer Aye

Councilperson Michael Lange Aye

Councilperson Deborah Lange Aye

 

 

Resolution duly adopted.

3. Resolution to Appoint Person to Environmental Board

Whereas, the Town Board of the Town of Esopus has a vacancy on the Town’s Environmental Board,

Whereas, the Town Board has reviewed the outstanding credentials of Carrine Brown,

Therefore, Be it Resolved, that the Town Board of the town of Esopus appoints Carrine Brown for a term of two years to serve from 2006 to 2008,

Resolution offered by Councilperson Deborah Silvestro

Resolution seconded by Supervisor John Coutant

Councilperson John Supervisor Aye

Absent: Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Councilperson Michael Lange Aye

Councilperson Deborah Silvestro Aye

 

Resolution duly adopted.

4. Resolution to Sell Highway Equipment

Whereas, the Town Board of the Town of Esopus has been asked by the Town Highway Superintendent, Alan Larkin, to advertise a list of outdated equipment for sale,

Whereas, the Town Board has reviewed the list of items recommended for sale to the highest bidder as per the recommendation of the Town’s Highway Superintendent,

Therefore, Be it Resolved, that the Town board of the Town of Esopus authorizes the Town Clerk, Diane McCord to advertise the equipment listed below along with the associated vehicles as follows:

1. 1993 Ford Pick Up Truck (4 x 4 / ft w/ plow) - Minimum Bid $750.00

2. 1986 GMC Flat Bed Dump Truck - No Minimum Bid

3. 1966 Oshkosh (4 x 4) - Minimum Bid of $500.00

4. Bobcat (4 Good Tires / Works - Minimum Bid of $600.00

5. 1971 International Cub (Mower bar runs & works) - Minimum Bid of $500.00

6. 1956 Hubert 8 Ton Roller - No Minimum Bid

7. 1996 Ford F 150 Pick Up - Minimum Bid of $1,200.00

8. 1992 Jeep Cherokee (4x 4) - No minimum Bid

9. Huff Loader - Minimum Bid of $500.00

All vehicles and equipment are to be sold in as is condition. We authorize the Town of Esopus Highway Superintendent to reject part or all of any bid found not to be acceptable.

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Michael Lange

Supervisor John Coutant Aye

Absent: Councilperson Gloria VanVliet

Councilperson Wayne Freer Aye

Councilperson Michael Lange Aye

Councilperson Deborah Silvestro Aye

 

Resolution duly adopted.

5. Resolution to Appoint Fire Inspector

Tabled.

6. Resolution to Borrow Funds to Replenish Port Ewen Water/Sewer District Capital Account

RESOLUTION TO REPLACE BORROWED MONEY FROM THE PORT EWEN

WATER DISTRICT ACCOUNT

WHEREAS, the State of New York Department of Transportation (DOT) advised the Town Board of the Town of Esopus that the lowest bid received for the installation of the 10 inch water

main on Route 9W was higher than the anticipated estimated amount of $379,401.00. However, upon the acceptance of the low bid, the amount was $426,397.00.The funding for the estimated figure was completed prior to this notification thus the NYSDOT gave us five days to remedy the deficiency. In addition to the deficiency of $46,996.00 the Port Ewen Water District expended $16,175.00 in legal and engineering fees.

THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Esopus authorizes a bond anticipation note in the amount of $65,000.00 to reimburse the loan from the Port Ewen Water District to complete the estimated cost of the project.

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Deborah Silvestro

Supervisor John Coutant Aye

Absent: Councilperson Gloria VanVliet

Councilperson Wayne Freer Aye

Councilperson Michael Lange Aye

Councilperson Deborah Silvestro Aye

 

 

Resolution duly adopted.

7. Additional Mortgage Tax

There was an article in the Daily Freeman stating the Town of Esopus would receive

an additional $121,654 in mortgage tax money. The money budgeted already was $275,000.

8. Update on Town Hall Project

Supervisor Coutant stated the Town Hall project is coming along nicely. He will meet with Architect Joe Hurwitz and the plans now include phones, desks, etc. The architect has asked several other questions. We will be going out to bid shortly and we have plenty of time and should be in the building by next March. We should be on or under budget due to the diligence of our architect.

9. Payment of Vouchers

Resolution Authorizing the Payment of Bills Received Since April 2006

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,

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

General Fund # 061283-061344 $ 39,293.18

Highway Fund # 062119-062145 $ 11,451.34

Capital Fund #065006-065007 128,905.00

Street Lighting # 066005 $ 3,987.13Port Ewen Sewer # 063064-063075 $ 5.669.40

Port Ewen Water # 064113-064139 $ 26,402.06

Total............................................................................................... $ 215,708.11

Resolution offered by Councilperson Deborah Silvestro

Resolution seconded by Councilperson Michael Lange

Supervisor John Coutant Aye

 

Absent: Councilperson Gloria VanVliet

Councilman Wayne Freer Aye

Councilman Michael Lange Aye

Councilperson Deborah Silvestro Aye

 Resolution duly adopted.

 

10. Resolution to Authorize Adjustments to the 2006 Budget

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

Whereas, the adjustments to the 2006 Budget are required in order to reflect changes in certain accounts,

Therefore, Be it Resolved, that the Town Board authorizes the transfer of the following amounts from the indicated accounts and fund balances to the indicated active accounts: 

From: Amt. To:

A.9061.8 $19,195.00 A.1330.1 $3,242.64

A.1355.1 $6,485.27

A.1410.1 $3,242.64

A.5010.1 $4,224.45

 

To increase both revenue and expenses amount of pole repair and reimbursement

A.2771 $2,481.12 A.8889.4 $2,481.12

A.1990.4 629.41 A.8889.4 $ 629.41

A.1990.4 5,000.00 A.8020.1 $5,000.00 (previous month a separate Res. was done)

A.1990.4 697.41 A.1220.4 $ 425.94 Supervisor

A.3410.4 45.99 Fire Insp. Ad

A.7120.4 225.48 Beach Bathroom

Resolution offered by Councilperson Wayne Freer

Resolution seconded by Supervisor John Coutant

Supervisor John Coutant Aye

 

Absent: Councilperson Gloria VanVliet

Councilperson Wayne Freer AyeCouncilperson Michael Lange Aye

Councilperson Deborah Silvestro Aye

 

Resolution duly adopted.

11. Communications and Reports of Committees

Correspondence for April is in the Town Clerk’s Office for review. The following reports of committees has been received and is on file:

Town Clerk’s Monthly Report dated April 2006

Port Ewen Water & Sewer Board Minutes dated April 11, 2006

Town Board Minutes dated April 20, 2006

Planning Board Minutes dated April 27, 2006

Highway Supt. Report dated April 2006

Waterfront Advisory Board Minutes dated March 28, 2006

Assessor’s Monthly Report for April 2006

Building Dept. Report dated March & April 2006

12. Summer Park Program/Sleightsburgh Park

Sign ups for the Summer Park Program will be held May 22, 2006 from 6 PM to 9PM at the Town Hall. Freer Park has a new reservation system. Reservations are made through the Town Clerk’s Office for residents only. Facilities at the Sleightsburgh Park are being used for residents and non-residents. It was suggested charging for launching boats at the park. Since this was created with federally funded money.....it is open to anyone who would like to use it. There is a concern for the roadway that goes into Sleightsburgh Park which is a one car road. Gravel is needed to repair the holes in the road. Users of the park must realize this is a one-way road and cannot be made into a two lane because of the DEC regulations. Our park is the only immediate entrance way into the Hudson River. A parking permit was suggested and the Supervisor said he would look into this.

Supervisor Coutant mentioned at the Sleightsburgh Park the bridges are ready to be placed out to the old lighthouse, however, concrete abutments must be placed for hold these bridges which are now stored at the Highway Dept. The date of installation may be pending for a while.

Public Comment:

Vince Fisher: Vince Fisher commented stating he has always been impressed by Joe Hurwitz our architect. With regard to the additional mortgage revenue the town is receiving, he suggested some of that money be used to finish the bathrooms.

Sal Silvestro: The Town Board expressed an interest in re-negotiating the Time Warner Cable Contract and Sal Silvestro suggested we appoint a committee to explore this. Councilman Michael Lange understands there has been some comments that Kingston Public Access will charge the producers from Hurley and Esopus This is just scare tactics according to Sal Silvestro.

Sue Wick: Speaking to the Supervisor, Ms. Wick what the Supervisor asked her to do was not in compliance with New York State Law. Supervisor Coutant..... what I asked you to do was to accompany me and to make an appointment and I would go with you to obtain the information you requested. Now if that is not within the law....that is me sticking my neck out to help you as an individual. If I am wrong in doing that and you want to publically say that....that is fine. Sue Wick answered I say we need to stay in compliance with the New York State Sunshine Law. Supervisor Coutant answered we would take that under advisement.

Sal Silvestro: May I make a comment on the scrapbooks? All the information in the scrapbooks is already on film at the Daily Freeman. These scrapbooks seem to be a bone of contention and it may be appropriate to get rid of the scrapbooks ....that would solve the problem. They are of no use to anyone. The Supervisor said they are not legally the towns’ to do anything with. Sal Silvestro suggested Klyne Esopus should sell them at the next yard sale. Councilperson Silvestro has personally seen the scrapbooks and does not believe they are properly indexed ....they are just by year. Unfortunately, at the moment, these scrapbooks are very difficult to access and Klyne Esopus does not have a properly set up research room and to get to where the scrapbooks are would be dangerous.

Patty Kowatch: Patty Kowatch asked if the Town Hall would be ready by March 2007 and when would you be going out to bid? Supervisor Coutant stated we would be going out to bid as quickly as possible.

Donna Cafaldo, Daily Freeman Reporter: Donna Cafaldo attended the Dept. of Transportation Meeting and wrote an article about it for her paper. As a result, she will be responsible for information about the daily traffic activities in the Town of Esopus and will give a Tri-County area Travel Report on local and state roads. She thanked the Supervisor and Councilperson Deborah Silvestro for their help, for she will now have a weekly column.

A motion to adjourn was made by Councilperson Michael Lange and seconded by Councilperson Wayne Freer at 8:35 PM. All Town Board Members voted in favor. Motion Carried.

Respectfully submitted,

 

Diane L. McCord

Town Clerk, CMC, RMC

Dist. 2 Director, NYSTCA