Town of Esopus Town Board Meeting Minutes

TOWN BOARD MEETING

JUNE 16, 20011

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, June 16, 2011 at 7:30 PM in the Town Hall at 284 Broadway in Port Ewen, New York with the following persons in attendance:

Supervisor John Coutant

Councilperson Gloria VanVliet

Councilperson Wayne Freer

Councilperson Donna McAuley

Councilperson Kyle Barnett

Administrative Recorder: Diane L. McCord, Town Clerk

PLEDGE TO THE FLAG

Public Comment: None

1. CERTIFICATE OF COMMENDATION – MAPLE RIDGE – GARY SWINGER

Supervisor Coutant said there is a lot of enthusiasm in the Port Ewen corridor with regard to our tugboats. The thought the community came up with about placing tugboats along Rt. 9W was a great idea. Our friend Gary Swinger from Maple Ridge designed the model and a method to keep the tugboats on stands and we have had more positive comments over the tugboats than anything we have done in a long time. We now have a list of people interested in painting tugboats for next year. People from our town and Kingston want to participate. It is unbelievable! Gary Swinger and Maple Ridge have to know how much we appreciate your contribution and all your work with these tugboats.

At this point in time, Gary Swinger was given a Distinguished Citizen Certificate Award for himself and the Maple Ridge Community. Gary stated this had been f fun project. The Supervisor said the Town Clerk was on WGHQ on Wednesday talking about the tugboats and the Bicentennial. Each tugboat tells a different story and that is what it is all about. The Supervisor said we are hoping to auction off the tugboats in October to raise enough money to be able to have the tugboats again next year.

2. CERTIFICATE FOR TOWN OF ESOPUS AMULANCE SQUAD

Representatives from TEVAS could not attend this evening. We will award this certificate next month.

3. RESOLUTION: TOWN OF ESOPUS w/AMERICAN LEGION ULSTER COUNTY (SLAVE CEMETERY-MINI PARK)

Commander Harold Rosenkranse and Manny Suarez, representing the Ulster County American Legion, appeared to request a lease from the Town of Esopus for the former slave cemetery located in Esopus (St. Remy). The Supervisor agreed it is time for a 100 year lease.

RESOLUTION TO APPROVE A

100 YEAR LEASE FOR SLAVE CEMETERY-MINI PARK

BETWEEN THE TOWN OF ESOPUS AND

THE AMERICAN LEGION, ULSTER COUNTY

WHEREAS, the Town Board of the Town of Esopus has entered into negotiations with the American Legion in relation to the lease of a former slave cemetery located in the Town of Esopus and identified on the Assessor’s Map as SBL: 56.18-2-39; AND

WHEREAS, the Town Board of the Town of Esopus is willing to lease these premises to the Ulster County American Legion for t he sum of one dollar ($1.00) with the understanding that the Ulster County American Legion will secure liability insurance coverage for these premises and agree to maintain these premises; and

WHEREAS, the Ulster County American Legion would thereafter be responsible for the slave cemetery contained on that property and to build and maintain a mini park immediately adjacent to the aforementioned slave cemetery; and

WHEREAS, the County of Ulster American Legion has met and reviewed the plans developed by Harold R. Rosenkranse and a majority of the County of Ulster American Legion Board have voted for an approval of this lease agreement and for this plan, now,

THEREFORE BE IT RESOLVED, that the Town Board of the Town of Esopus agrees to enter into the aforementioned lease agreement for 99 years with the Ulster County American Legion for the purposes set forth herein and agrees to maintain this property and pay for the cost of insurance for said property.

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

Councilperson Kyle Barnett Aye

Resolution duly adopted.

Mr. Rosenkranse spoke about a War Memorial that was placed at the Eddyville Bridge in 1946. This monument has been missing for years and there is a lady who is collecting donations to replace said monument. He would like to have this monument redone.

4. RE-INTRODUCTION: LOCAL LAW NO. 3 (GRASS, WEEDS & NOXIOUS VEGETATION) SET PUBLIC HEARING DATE

Supervisor Coutant explained there are several properties within the Town of Esopus which are unoccupied/vacant properties and the grass and weeds are left to grow and we find we had no means of bringing these properties under control. As a result, we have decided to adopt a Local Law to address these properties. This is not a law that will tell you when to cut your grass. Councilperson Gloria VanVliet asked how do you determine if the house is vacant or unoccupied? Councilperson Kyle Barnett

has surveyed several towns and looked at their laws. It is not required by law, it is an element the Building Inspector will have to prove to the Town Board and present certain facts to the satisfaction of the Town Board. It is similar to the Building Inspector having to demonstrate to us an unsafe structure for demolition.

LOCAL LAW NO. 3 INTRODUCTION

Lawn Maintenance Chapter 96

96-1 Excessive growth prohibited: The owner, operator, or person in control as the case may be, of any vacant, unoccupied, or abandoned building within the Town of Esopus shall comply with the following:

Lawns or other ground cover, including grass, weeds, or other rank, poisonous or noxious vegetation shall be kept trimmed to a height of no greater than ten inches. Hedges, bushes, and shrubs located within a front yard setback shall be maintained at a height no greater than 3 1/2 feet. Hedges, bushes, and shrubs, located within a side or rear yard setback shall be maintained at a height no greater than eight feet.
Duty of Owner or operator or person in control: On any residential, nonresidential or mixed-use premises, any owner, operator, or person in control of any premises which has been determined to be in violation of this chapter shall cure or remove such violation when ordered to do so by the Building Inspector or subordinate with code enforcement authority within five days of the service of written notice as provided in Subsection 96-2 below.

96-2 Notice of Violation: All written notices under this section shall be served by posting a copy of such violation notice upon the front portion of the property or upon the main structure and by mailing a copy of such notice by certified mail, return receipt requested, to the owner of the property as shown on the current assessment records of the Town.

96-3 Public Hearing: Upon the failure of an owner, operator or person in control with notice to correct a condition complained of the Town Board shall hold a public hearing.

The public hearing shall be held upon notice posted conspicuously on the affected property and forwarded to the last known address of the property owner, as it appears on the current assessment records of the Town, by certified mail, return receipt requested. Posting and service of such notice shall not be less than 10 days prior to the date of the public hearing.
The Town Board, after a public hearing as provided by Subsection 96-3, may cause the trimming of any lawns and the trimming and/or removal of any hedges, bushes, and shrubs from any premises within the Town of Esopus, upon the failure of such owner, operator, or person in control to comply with any requirements and/or conditions of the Town Board. Said trimming and/or removal may be performed by the Town of Esopus or by its designee, or agent, including a private contractor. The Town Board shall ascertain the cost of the proceeding and the costs of removal, and assess such expense, plus a twenty five percent fee for administration and overhead, against the record owner of the property. Thereupon said charges shall become and be a lien upon the property on which the removal was performed and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lot or land and

shall bear interest at the same rate as taxes and shall be collected and enforced by the

same officer and in the same manner as taxes levied and assessed against such property.

The trimming of any lawns and the trimming and/or removal of any hedges, bushes, and shrubs by the Town shall not operate to excuse such owner, operator or person in control from properly maintaining the premises as required by this chapter, and such owner, operator or person in control shall, notwithstanding such action, be subject to any other penalties as provided for herein.

96-4 Penalties for Offense: A violation of this chapter or regulation is hereby declared to be an offense, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both.

Each 24 hours during which a violation shall continue constitutes a separate and distinct violation within the meaning of this chapter. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or regulations shall be deemed violations and, for such purpose only, all provisions of law relating to violations shall apply to such offenses.

96-5 If any provision, paragraph, word, section or article of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect.

96-6 All other chapters, ordinances or local laws and any parts thereof which are inconsistent

or conflict with any part of this chapter are hereby repealed to the extent of any inconsistency or

conflict.

A Public Hearing on this proposed Local Law No. 3 will be held at 7PM on July 21, 2011.

5. RESOLUTION: LIBRARY PROPERTY (CAULDWELL STREET)

Cauldwell Street (a paper street) runs behind the Library. The Library put in solar panels behind their building and they petitioned the Town Board to be given the Cauldwell Street property currently owned by the Town. There is no Town use and the Planning Board Attorney came up with a Resolution to transfer the property from the Town of Esopus to the Town of Esopus Library.

RESOLUTION

RE: TO TRANSFER TOWN OF ESOPUS, ULSTER COUNTY, NY

LAND TO TOWN OF ESOPUS LIBRARY, INC.

At a meeting of the Town Board of the Town of Esopus, Ulster County, New York, held at the Town Hall in Port Ewen, New York, in said Town of Esopus, on the 16^th day of June, 2011, at 7:30 PM.

The following Resolution was offered by Supervisor Coutant who moved its adoption, seconded by Councilperson Donna McAuley to wit:

WHEREAS, the Town of Esopus has an interest in a paper street at the northerly end of Cauldwell Street, Port Ewen and

WHEREAS, a title report was made for the benefit of the parties which showed that said paper street was shown on a map of Port Ewen Village, filed map number 442

WHEREAS, the grantee Library is a duly constituted not for profit corporation which is supported by the taxpayers and owns and operates the Library on adjoining land; and

WHEREAS, the Town has no present or future use for the land to be conveyed to Town of Esopus Library, Inc. and which land has no value;

NOW THEREFORE, BE IT RESOLVED, pursuant to the provisions of Section 64 of the Town Law of the State of New York, and subject to a Permissive Referendum, that the Town of Esopus transfer to Town of Esopus Library, Inc. a certain parcel of land for no monetary consideration known as Cauldwell Street north of Canal Street as shown on a map of Port Ewen Village, map 442, and it is further

RESOLVED that, pursuant to Sections 82 and 90 of the Town Law of the State of New York, within ten (10) days from the date of this resolution, the Towon Clerk shall post and publish a notice which shall set forth the date of the adoption of this Resolution, shall contain an abstract of such Resolution concisely setting forth the purpose and effect thereof, shall specify that this Resolution was adopted subject to a Permissive Referendum, and said Town Clerk shall publish such Notice in the official newspaper of the Town of Esopus and in addition thereto, the Town Clerk shall post or cause to be posted on the sign board of the Town of Esopus, a copy of such notice within ten (10) days after the date of the adoption of this Resolution; and it is further

RESOLVED, that the Supervisor of the Town of Esopus be, and he hereby is, authorized and empowered to sign on behalf of the Town of Esopus any and all further documents as may be required by law to give full force and effect to this Resolution, including the Deed and Gains Tax Affidavit and deliver the same.

The question of the adoption of the foregoing Resolution was put to a vote on roll call, which resulted in an affirmative vote and the resolution was duly adopted.

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Abstained

Councilperson Donna McAuley Aye

Councilperson Kyle Barnett Aye

Certified this 16^th day of June, 2011 by Diane L. McCord, Town Clerk, CMC, RMC.

6. NYSDOT LETTER (CROSSWALKS)

The Supervisor has written the following letter to William Gorton Acting Regional Director of NYSDOT 4 Burnett Blvd. Poughkeepsie, New York 12603 regarding Route 9W Crosswalk Pavers in Port Ewen, NY:

Dear Mr. Gorton:

This is a follow-up letter to the communication sent from my office to you on January 31, 2011. In that communication, you were given photos of the crosswalk deterioration that is occurring on the Rt. 9W corridor in Port Ewen.

We are asking that this issue be dealt with and necessary repairs be made before a member of the public falls and creates a legal problem for NYSDOT. Our business community has also brought this to my attention and I assured them that our previous communication would get the job done.

Would you please advise me when these repairs will be made? My Town Board is requesting that the timeframe be put in writing alleviating us from any responsibility in this matter.

7. PORT EWEN WATER/SEWER DISTRICT SMOKE TESTING LETTER

Smoke testing was to be done in the Clay Road area, however, it has been postponed. The following letter was sent to the residents:

A special non-toxic smoke will be used in these tests. This smoke is manufactured for this purpose. It is gray in color, leaves no residuals or stains and has no effect on plant and animal life. The smoke has a distinctive odor and visibility and the odor lass only a few minutes with adequate ventilation. If you suffer from any lung or respiratory ailments, please contact us at the number below for special service.

Because the plumbing appliances in your house or building are connected to the sanitary sewer system, some of this smoke may enter your house if:

The vents connected to your building’s sewer pipes are inadequate, defective, or improperly installed;

The traps under sinks, tubs, basins, showers and other drains are dry, defective, improperly

Installed or missing;

The pipes, connections, and seals of the wastewater drainage system in and under your building are damaged, defective, has plugs missing or are improperly installed.

All residents are advised that if traces of this smoke or its odor enters your house or building, it is an indication that gases and odors from the sewer also may enter. Correction of the source of smoke that enters your house is urgently advised.

If you observe smoke in your home, ventilate the room and immediately call it to the attention of the testing crew in the area.

Smoke testing will also indicate if your buildings’ roof drains are illegally hooked to the sanitary sewer system.

8. Resolution: Golden Hill- June 16, 2011

WHEREAS, the Town of Esopus has a direct and vital interest in retaining a local institution that provides skilled-care nursing to as many as 280 elderly and inform fellow citizens, at a level of professionalism and compassion widely recognized as exemplary; and

WHEREAS, the County of Ulster formed a Blue Ribbon Task Force to study Golden Hill in 2004 and formed another Committee called the Golden Hill Task Force to study the viability of nursing home operation and

WHEREAS, the Golden Hill Task Force presented the Ulster County Legislature and the general public

With nine options outlined in its report named the Findings of the Golden Hill Task Force and

WHEREAS, the Town of Esopus also recognizes that current uncertainty over federal and state reimbursement rates compromise the credibility of any analysis of a publicly operated nursing facility’s

Future prospects;

THEREFORE, BE IT RESOLVED, that the Town of Esopus Town Board opposes any action by the Ulster County Legislature that would transfer ownership or operation of the Golden Hill Health Care Center out of public hands to a private party or parties; and

Be it further resolved, THAT THE Clerk of the Town of Esopus, shall forward copies of this resolution to the Ulster County Executive Michael Hein, Chairman of the Ulster County Legislature, Frederick J. Wadnola, the Majority Leader of the Ulster County Legislature, Paul Hansut, the Minority Leader of the Ulster County Legislature, Jeannette Provenzano and the entire Ulster County Legislature.

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

Councilperson Kyle Barnett Aye

Resolution duly adopted.

Supervisor Coutant commented it has been a pleasure to answer the call of the public on this issue. We have the best facility in the county and we need to keep it going. Legislator Carl Belfiglio thanked the Town Board for their support.

9. PEDDLER’S PERMIT APPLICATION

James Manaska from Barrytown requested a Peddlers Permit to sell educational study aids, childrens’ books and software from door to door. Councilperson Wayne Freer was concerned since Mr. Manaska does not live in our town and we do not want people in our town going door to door. It is one thing for vendors on the side of the street where you would have a choice to stop but not door to door. The Town Board Members would not approve a Motion to bring this to a vote.

10. WATER CHESTNUT HARVESTER MACHINE UPDATE

Supervisor Coutant said Waterfront Advisory Chairperson Catherine Quick has stepped forward with the sixteen people involved to do the scheduling of who will be cutting the water chestnuts and when. For the first time we have enough volunteers to continually cut the water chestnuts and to do a good job. The Supervisor was pleased to see so many participants. We will really make some headway this year. There was two separate seminars held for training.

11. 1811 Town of Esopus Charter

In 1811, there was no Town of Ulster. The Town of Esopus and Saugerties separated from the City of Kingston. There was a portion in our town charter which stated: IV. And be it further enacted, “That the right of free fishing in Hudson’s river within the bounds of the said towns of Esopus, Kingston and Saugerties shall for ever hereafter be and remain free and in common to the freeholders and inhabitants of each of the said respective towns as heretofore.”

Our Town Attorney Paul Kellar says this is a situation that cannot be changed. He asked if we had spoken with the Dept. of Environmental Conservation? Councilperson Kyle Barnett, who is also an attorney, said New York State would have to modify it. New York State could set the rules and the regulations.

12. BUDGET ADJUSTMENTS

RESOLUTION AUTHORIZING BUDGET ADJUSTMENTS

JUNE 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 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 payments:

AO.0599.000 FUND BALANCE DA 5130.200 HIGHWAY EQUIPMENT $10,220.15 “ “ DA 5141.400 SNOW REMOVAL $ 75.00

Resolution offered by Councilperson Wayne Freer

Resolution seconded by Councilperson Kyle Barnett

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Councilperson Donna McAuley Aye

Councilperson Kyle Barnett Aye

Resolution duly adopted.

13. PAYMENT OF VOUCHERS

PAYMENT OF VOUCHERS

JUNE 16, 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 111280-111330 $39,607.22

HIGHWAY FUND 112106-112131 $36,193.50

CAPITAL FUND 115014-115018 $94,351.94

STREET LIGHTING 116006 $ 5,473.57

PORT EWEN SEWER 113074-113092 $15,962.71

PORT EWEN WATER 114124-114154 $34,167.24

TOTAL……………………………………………………………$225,756.18

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Gloria VanVliet

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Councilperson Donna McAuley Aye

Councilperson Kyle Barnett Aye

Resolution duly adopted.

14. Approval of Minutes

A Motion to approve the Minutes for the May Meetings was made by Councilperson Donna McAuley and seconded by Councilperson Kyle Barnett. All Town Board Members voted in favor. Motion Carried.

15. Communications & Reports of Officials and Boards

The following reports have been received and are on file in the Town Clerk’s Office:

Town Clerk May Report

Building Inspectors April and May Report

Environmental Minutes dated May 18, 2011

Zoning Board Minutes dated March 15, 2011

Port Ewen Water and Sewer Agenda dated June 14, 2011

Planning Board Minutes dated June 2, 2011

A Motion to adjourn was made by Councilperson Wayne Freer and seconded by Councilperson Kyle Barnett. All Town Board Members voted in favor. Motion Carried.

Respectfully submitted,

Diane L. McCord

Town Clerk, CMC, RMC