TOWN BOARD MEETING

July 16, 2009

 

The following Town Board Members were present for four Public Hearings:

 

                                                            Supervisor John Coutant

                                                            Councilperson Gloria VanVliet

                                                            Councilperson Wayne Freer

                                                            Councilperson Deborah Silvestro

                                                            Councilperson Carl Belfiglio

 

                                                            Recording Administrator:  Diane L. McCord

                                                                                                                Town Clerk

 

PUBLIC HEARING – LOCAL LAW NO. 1

 

For Flood Damage Prevention as authorized by the New York State Constitution

Article IX, Section 2.  And   Environmental Conservation Law, Article 36.

 

Public Hearing Notice (attached).

 

The Public Hearing was called to order by Supervisor John Coutant at 7:00 PM.

 

80-1 FINDINGS:  The Town Board of the Town of Esopus finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Esopus and that such damages may include:  destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life.  In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this local law is adopted.

 

Remainder of the text of the local law is attached.

 

Public Comment:  None

 

Councilperson Wayne Freer stated this local law is another New York State regulation that we do not have choice about adopting.  Councilperson Deborah Silvestro:  The Councilperson has gone through this Local Law page by page and compared it to the text we have in our present code and the number of changes are very minimal except for the addition of the chart added in the back.  Therefore,   it does not change very much of what we already had on the books.

Councilperson Gloria VanVliet:  In our town vouchers, the State of New York costs us additional attorney fees and advertising fees for this public hearing. Councilperson Wayne Freer:    I will stand corrected as to our Monday night Workshop Meeting.  I spoke to Attorney Kellar and the 1963 law when the townships were light on having the planning and zoning boards a law was passed stating the county had the right to look at anything going on.  Therefore, it has been taken many steps further at this point in time.  Now local municipalities have to send any laws concerning zoning to the county level for their review.  In learning this I found out we still have the right to override the county by a majority plus one decision after it has been with the county for thirty five days. 

 

A Motion to close the Public Hearing was made by Councilperson Deborah Silvestro at 7:09 PM and seconded by Councilperson Wayne Freer.

 All Town Board Members voted in favor.

 

 Motion Carried.

 

               

Supervisor Coutant called the Public Hearing for Local Law No. 2 to order at 7:10 PM.

 

PUBLIC HEARING – LOCAL LAW NO. 2

 

This is a proposed local law to amend Chapter 50-4 A. of the Town of Esopus Town Code as follows:

 

(Public Hearing Notice – attached)

 

            50-4A.   (10)   Building Inspector or Code Enforcement Officer or Storm Water Management Officer or Zoning Enforcement Officer to enforce provisions of the Flood Damage Prevention Law.

(Local Law attached.)

 

(Public Hearing Notice – attached).

 

Public Comment:  None

 

A Motion to close the Public Hearing was made by Councilperson Wayne Freer and seconded by Councilperson Gloria VanVliet at 7:26 PM.

All Town Board Members voted in favor.

 

 Motion Carried.

 

PUBLIC HEARING – LOCAL LAW NO. 3

 

This is a proposed Local Law To Repeal the Present Text of Chapter 98 of the Town of Esopus Town Code Effective Upon the Enactment and Filing of a New Text Chapter 98.

(Local Law attached).

 

 

(Public Hearing Notice attached)

 

 Supervisor John Coutant called the Public Hearing to order at 7:20 PM.

 

Public Comment:   None

 

A Motion to close the Public Hearing was made at 7:26 PM by Councilperson Wayne Freer and seconded by Supervisor John Coutant.

All Town Board Members voted in favor.

Motion Carried.

 

PUBLIC HEARING – LOCAL LAW NO. 4

 

A local law to Adopt Chapter 98 Entitled Park Rules and Regulations for the Town of Esopus Town Code.

 

(Local Law attached).

Supervisor Coutant called the Public Hearing to order at 7:30 PM. 

                                               

No. 98-10-B Special permit required for certain activities.

 

“B.  No person shall erect any structure, game, trampoline, entertainment device, stand or platform in any park except by special permit from the Town of Esopus Town Board.”

 

Public Comment:

 

Councilperson Belfiglio was glad this sentence was included because he believes in most of the parks in Esopus the activities for the children are limited outside of a small playground.  He would rather have a device at the park than have the children play in the water picking up water chestnuts.  Why should we penalize the children of our residents?  There was a question about the town taking on the responsibility of the device and if insurance coverage will need to be supplied by the person renting the equipment.  The Parks and Recreation Commission discussed this.  The insurance coverage and supervision will need to be provided by those who rent the equipment. 

 

Councilperson Deborah Silvestro stated this law was reviewed by our attorney.  The intent of this law is basically to keep people from erecting something and placing it in the park.  We never meant to say you cannot have a device but only that you ask permission.  At least five people get to look at whether the device would have any safety problems.

 

A Motion to close the Public Hearing was made at 7:45 PM by Councilperson Wayne Freer and seconded by Councilperson Deborah Silvestro.  All Town Board Members voted in favor.  Motion Carried.

 

 

                                               

Town Board Meeting

July 16, 2009

 

A regularly scheduled meeting of the Town of Esopus Town Board was held at 7:40 PM in the Town Hall at 284 Broadway in Port Ewen with the following persons in attendance:

 

                                                Supervisor John Coutant

                                                Councilperson Gloria VanVliet

                                                Councilperson Wayne Freer

                                                Councilperson Deborah Silvestro

                                                Councilperson Carl Belfiglio

 

                                                Recording Administrator:  Diane L. McCord

                                                                                                   Town Clerk

 

Supervisor John Coutant called the meeting to order.

 

Pledge to the Flag.

 

Public Comment:

 

Councilman Carl Belfiglio:  This public comment concerns discussions that the Town Board is having in opening up the Emergency Access Road from Bowne Street to the Town Hall.  It was his understanding the previous Town Board   voted not to open the road. 

 

At a recent Workshop Meeting of the Town Board a private citizen mentioned since the inception of a new Town Board Member there has been discussion about opening this road to the Town Hall.  Being that Councilperson Belfiglio is the newest member of the Town Board he has never said he wanted Bowne Street opened to the Town Hall.  Being a new member he questioned how that decision was made and discovered there was a vote by the previous Town Board to make the road an Emergency Access road only.  It is his obligation to make sure the public is served.  He would like the record to stand corrected.

 

Councilperson Gloria VanVliet did not remember that comment.  Councilperson Wayne Freer thought the remark was speculation.  Councilperson Belfiglio said the truth he was referring to me.  I will FOIL the tape. 

 

Steve Aaron:  He was very happy we were able to work out what we worked out today.  I came in case the Town Board had any issue we needed to discuss.

 

Michael Minor:  As a Planning Board Member there are lots rumors flying around.  I am a volunteer board member and I work hard and put in a lot of hours.  In this volunteer position we must uphold the law of the United States and the Town of Esopus.  The Planning Board has gone to great lengths to do this evenly and open handedly.  I would like to thank the Town Board for helping us to serve our best. I understand people are being bullied.  The laws and regulations apply to all equally.  This is a good program. 

 

A Birchez resident David Eisenberg asked what is this statement in reference to?              

 

The Planning Board was asked to place an item on their agenda when it was not in time.  Since November Mr. Aaron had information as to what the requirements were and he did not comply.  This has now been all worked out and we must treat everyone equally.  Councilperson Belfiglio tried to clarify the matter by saying Mr. Aaron was trying to get on the Planning Board calendar and he was not scheduled until September.  Steve Aaron said he was here to have the Town Board address him directly so any questions could be answered.  There is not one stick of proof that I knew about this in November, the letter has never been produced.  Perhaps there has been some second and third hand information.

 

Councilperson Silvestro said our Planning Board has certain rules and regulations, however, we cannot always run everything so rigidly.  In our code we can grant waivers.  These waivers are only in unique circumstances and they cannot be injurious to other properties.  Mr. Minor is correct.  There is a system that has to be followed but sometimes there are unique situations.  There are alternatives.  Nothing in life should be so rigid that we cannot make an alternative.

Michael Minor said the meeting that he attended Mr. Aaron’s representative was present.  He could swear that he voted on that requirement and voted again two months later and that is in the record.   There is an old saying, “the buck stops here,” said Supervisor Coutant.  To make a long story short,   Mr. Aaron has been running on a Temporary Certificate of Occupancy and needed a permanent one.    For the Planning Board to approve this they must follow the

rules and regulations.   There was a need for him to secure a permanent

Certificate of Occupancy within a certain time frame.  The Planning Board could

not do this.   Today, Supervisor Coutant, and Planning Board Chairperson Roxanne

Pecora met with the Planning Board Attorney and the result is   Mr. Aaron will

receive a permanent Certificate of Occupancy and if the drawings come in he

will have a C.O. in August.  We have   a legal agreement for a Temporary C.O.

which meet the requirements of the Planning Board   there is not a member of

the Town Board that wants to see anything happen to the Birchez.   That is not

the purpose of this Board.  We have worked hard to have Birchez there.  I am

extremely proud of what we have done and because we have had one

stumbling block we will go forward in a positive phase.  We will insure that

Birchez will stay.

 

Steve Aaron said I assume you are welcoming a response?  We can downplay this.  “As built” drawings are required.  Certain changes were made.  These changes included gazebos, additional sidewalks, barbeques, and patios.  What will the “as built” drawings show?  We added these items at our own expense.  There is no reason to have hurt feelings.  What we did is to make it better?   This drawing is a minimal of what we did.  The Town Board has been supportive.  I use this Town Board as an example to other Boards.    There is no one that praises this board more than me.  Our residents will agree.  On behalf of our residents I thank you very much.

 

Dottie Grosso:  We all love where we are.  Everyone is friendly and we have no problems.

Mrs. Banks:  I am grateful for Birchez.

Steve Aaron said they have brought a great deal of business to Port Ewen.   When the Commissioner of Housing was here last week, she sent a message back that she has never seen a more beautiful project than ours.  She will tell you that for every dollar we spend we send seven dollars back in to the economy.  Supervisor Coutant said we are proud.  

Councilperson VanVliet is the liaison to the Planning Board and she is happy to say this issue has been resolved.  Supervisor Coutant commended the Planning Board for their efforts.  There was a group of people looking to stop this complex.  We will continue to dot our “I’s” and cross our “T’s” to make sure everything is done perfectly and legally.  Councilperson Silvestro wanted to thank Judy Aaron who is responsible for the way the Birchez looks.  Supervisor Coutant thanked Chairperson Roxanne Pecora for all her documentation which is impeccable and he thanked her personally.

Steve Aaron asked the Town Board to consider having a Town Meeting in the Birchez Community Room.  The residents will even consider baking for you.  The Board discussed how in previous years meetings were held in various locations.  They agreed this would be a good idea.  The next Workshop Meeting of the Town Board to be held on August 3rd will be held at the Birchez Community Room.  The Town Clerk will advertise the meeting change.

1.  Solar Energy

Architect Joseph Hurwitz and Randolph Horner are the design team for the solar energy for this Town Hall.  This will lead to the Town of Esopus creating fifty-two percent of the electrical load for this building.  We had targeted 100 percent but there were too many controls that will not let that happen at this point in time.  The cost of the electricity for the Town Hall since November 2008 is $33,000.  Fifty-two percent of this amount could be saved.  We look forward to this as Phase I and as the economy changes we could begin Phase II.    This would give us the first totally carbon free green building in New York State and this will happen in Esopus. 

                                                                       

Architect Joe Hurwitz said it is amazing that you are standing in a building that is state of the art and probably the only one of a kind in New York State.  Too often

when a Town Hall is going to be built it is in colonial style.  He praised the Town Board for going with this design.   It is amazing to see how far we have come.  You are all smarter than I am and I thank you.   Joe Hurwitz was here the other day taking pictures of the building for he hopes it will qualify for building of the year.

Randolph Horner complimented the architect and Town Board for including the geo thermal heating and cooling, despite the fact the building had to be re-bid to lower the cost, the geo thermal was kept in.  They did not have to use conventional air conditioning or conventional heating and the building is environmentally safe.  The cost to drive the energy year round is expensive.  Fuel prices did go down in August of last year.  The wisdom of the Town Board in sticking to the mechanical system plan enables us to do something else to save energy we are adding the solar power that can save fifty-two percent of our needs.  We can do more in Phase II.  We can add the other percentage and make this a zero carbon footprint.

A concern that arose was during the summer, spring and fall there is ample tree cover at the north end of the property.  In the winter it is possible for the neighbors to see the Town Hall and see the solar farm.  We have a prepared simulation that will show how the system will look from the Town Hall.  We have provided some sample illustrations.  We have worked hard to minimize the visual impact. 

The other item is there are vast areas we can only give estimates on.  The design team is proud of the proposal being made and we recommend the authorization of the contract.  This is a cost effective project for a project of its size.  The Town has capital reserve to use and the town does not have to borrow any more money and this project maximizes the cost sharing from NYSERDA and they have a cap on how much the town can receive from them.

It is difficult to anticipate the electrical estimate.  There is a range of electrical costs depending on how fast the rates climb up from last summer.  Another factor is the demand charges from Central Hudson for just having the electricity ready for use.  They charge according to the worst day of the year.  We paid $7,500 in demand charges.  The solar system will make kilowatt hours of electricity.  The

                                                                       

more the costs, the more the savings will be.  The savings will occur over the next thirty to forty years.  The return on the investment will only rise in value over time.  We strongly recommend authorizing the supervisor to enter into an agreement with the low bidder. 

Councilperson Belfiglio the longer we wait the more we spend.  We will probably be in the $40,000 to $50,000 range.  This is a big savings and I implore the Town Board to make a decision this month on the contract.

Mr. Horner continued….we received six strong proposals and we are at an advantageous time with the cost.  The equipment costs is much less now.  We will see a forty percent savings now.  The bidder has been held in place for six weeks.

Councilperson Belfiglio stated this is not something new.  We are not rushing into this.  As early as September we decided to put in an electrical conduit in case we decided to go with a solar solution.  This is not a rush situation.  We knew the electrical bills would be expensive.

Councilperson Freer agreed.  We have been looking at this for some time.  We had hoped for one hundred percent cost coverage.  Fifty-two percent is an excellent savings.  Before signing the contract he would like to it tightened.  The sooner we get this going the better. 

Councilperson VanVliet was happy that we will save and that is why she will vote for this.  Will it be fifty-two percent and will you sign to say it will be fifty-two percent?  Mr. Horner answered the contractor will give you a warranty.  We have given you our best estimate.  Fifty-two percent is now the highest or the lowest estimate.  It is not possible that we will meet fifty-two percent of the building load.  We do not know what the weather events will affect us.  This is our best guess.  We are confident.  This system paid for in 2009 dollars will save money for forty to fifty years.  As electrical costs go up the dollar savings will mount up.  Councilperson VanVliet said this does not show all of the panels.  How many will it take and how much of an area will it cover?  Mr. Horner said the simulation depicts the vantage point nearest to Bowne St.  How much area will it cover?  A dozen rows, 175 ft. long and 80 ft. the other way.  They are eight feet high and they will follow the sun. 

 

                                                                       

Dottie Grosso:  Why not make them look like trees?  If they looked like trees they would not work and it would not make enough juice.

Councilperson VanVliet would like to see a buffer of evergreen trees planted to the north of this property.  It would be a cost effective way of increasing the buffer. 

Supervisor Coutant:  If you look at the Town of Esopus and the money we have to invest there is no smarter way than to spend the taxpayer’s money with a guarantee of a good return over a long period of time.  This will make us money and save us money.  As we sit here solar energy is acceptable for wet lands and it can be put in water.  The Water and Sewer district use a large amount of electricity to pump water up hill and we should be thinking about solar energy in this aspect.  We must find ways of saving money.  It will make a difference between towns that do not care.  I feel we should invest, get the savings and move forward and not be worried when we look back.  We are in an ideal situation and the cost of energy is in our favor.  Now is the time for us to strike when the iron is hot.

Councilperson Silvestro:  I would like to say it is not only about money.  It is about the world we live in.  John Burroughs talked about the resources of the earth not lasting forever.  Across the river in Rhinebeck, Omega is a building that recycles all of its waste water in a 4,500 ft. green house.  It filters the waste water and places it back in the aquifer.   We have a library with geo thermal heat and cooling. 

 

A Motion to authorize the Supervisor to sign the contract with Alteris for the installation of the solar panels was made by Councilperson Carl Belfiglio and seconded by Councilperson Deborah Silvestro.

 

Councilperson Wayne Freer:  The Supervisor should sit down with us and discuss tuning up this contract.  Fifteen days to have bills paid is unacceptable when we only pay bills once a month.  Randolph Horner assured the Town Board Alteris has no problem tuning this contract up. 

 

                                                                       

Councilperson Deborah Silvestro:  Everything will be complete within twenty-eight days.  The contractor is ready to go.  They made their tests and modified the foundation procedures to our sandy soil.

Supervisor John Coutant:  Running energy into the building ….will we be prepared to place the electricity out for a price?  He believes we need two more weeks.  One advantage does not have to comply with the Wicks Law.  Prior to approval and before delivery NYSERDA will have to approve the installation.

                                                Supervisor John Coutant                  Aye

                                                Councilperson Gloria VanVliet         Aye

                                                Councilperson Wayne Freer             Aye

                                                Councilperson Deborah Silvestro    Aye

                                                Councilperson Carl Belfiglio             Aye

 

Motion Carried.

 

A Motion to recess the meeting at 8:55 PM for five minutes was made by Councilperson Wayne Freer and seconded by Councilperson Carl Belfiglio.  All Town Board Members voted in favor.  Motion Carried.

 

A Motion to resume the meeting was made by Councilperson Wayne Freer and seconded by Supervisor John Coutant at 9:07 PM.  All Town Board Members voted in favor.  Motion Carried.

 

2.  Resolution to Sign Red Cross Agreement

 

Be it resolved, by the Town of Esopus, in the County of Ulster, State of New York, the following:

 

The Town Board of the Town of Esopus authorizes the Town Supervisor to sign the American Red Cross Shelter Agreement.

 

Resolution offered by Councilperson Wayne Freer

Resolution seconded by Supervisor John Coutant

 

                                                Supervisor John Coutant                  Aye

                                                Councilperson Gloria VanVliet         Aye

                                                Councilperson Wayne Freer             Aye

                                                Councilperson Deborah Silvestro    Aye

                                                Councilperson Carl Belfiglio             Aye

 

Resolution duly adopted.

 

 3.  Resolution to Sign Donald Kiernan Employment Agreement

 

                                                            Agreement

                                                Between Donald F. Kiernan

                                                  And the Town of Esopus

 

The Town of Esopus Town Board passed a resolution, dated June 18, 2009, regarding the change of the Port Ewen Water/Sewer Superintendent from a full time position to a part time position, not to exceed 20 hours per week, and the Town of Esopus Town Board has agreed per said resolution to grant Donald F. Kiernan “Civil Service Status” and all rights pursuant to section 75 of Civil Service Law.

 

Therefore, the Town of Esopus Town Board and Donald F. Kiernan agree to the following:

 

Donald F. Kiernan will continue to hold the position of (Port Ewen Water/Sewer Superintendent) at a salary equal to ½ of his current 2009 salary of $57,137.60.  Salary shall be $28,568.80 which equals $27.47 per hour.           

                                               

The Town Board shall elect to raise Donald F. Kiernan’s salary as increases are given to other Town employees.

 

                                                                       

Donald F. Kiernan is entitled to all rights and benefits of a Town of Esopus retiree, with over 20 years of service.

Donald F. Kiernan agrees that as a part time employee, he does not receive vacation or sick time benefits.  Vacation shall be taken by working excess hours in advance.

As Superintendent, Donald F. Kiernan shall be responsible for typical work activities listed below.  He may perform some or all of the following, as well as other related activities not described.

Overall supervision of all areas of the Port Ewen Water/Sewer District and its’ employees.

All paperwork necessary to comply with New York State Department of Health, Environmental Protection Agency and Department of Conservation guidelines as well as any other Regulatory Agency.

Water treatment plant compliance, reports, samples and ongoing and future compliance programs.

 Coordinating and working with consultants, government agencies, and legal aspects of the Districts, as well as Treatment Plant stabilization project and repair, inflow and infiltration study.

Consulting on future development regarding the installation of water and sewer utilities.

Developing budgets and supervising expenditure/revenues.

Oversight of Water/Sewer utility billing system.

Employee scheduling and Water Plant operations.

Emergency situations within the water distribution and sewer collection systems shall be handled by the (water/sewer foreman), and any emergencies that are not normal, the (foreman) will consult with Donald F. Kiernan for approval and recommendations.

This agreement shall be for a two year period and is subject to renewal at the approval of both the Town and Donald F. Kiernan.

                                                                       

Agreement shall begin September 15, 2009.

            Town of Esopus                                                                      

By:  _____________________                                   ________________________

            John Coutant, Supervisor                                     Donald F. Kiernan

 

                                    RESOLUTION TO AUTHORIZE TOWN SUPERVISOR

                                      TO SIGN EMPLOYMENT AGREEMENT BETWEEN

                                         TOWN OF ESOPUS AND DONALD F. KIERNAN  

Be it resolved, by the Town of Esopus, in the County of Ulster, State of New York, the following:

 

The Town Board of the Town of Esopus authorizes the Town Supervisor to sign the Employment Agreement between the Town of Esopus and Donald F. Kiernan. 

 

Resolution offered by:            Councilperson Carl Belfiglio

Resolution seconded by:  Councilperson Deborah Silvestro

                                                Supervisor John Coutant                  Aye

                                                Councilperson Gloria VanVliet         Aye

                                                Councilperson Wayne Freer             Aye

                                                Councilperson Deborah Silvestro    Aye

                                                Councilperson Carl Belfiglio             Aye

 

Resolution duly adopted.

 

4.  Resolution to Appoint Zoning Board of Appeals Secretary

 

Be it resolved, by the Town Board of the Town of Esopus, in the County of Ulster, State of New York, as follows,

 

Whereas, Donald Cole, Chairperson for the Town of Esopus Zoning Board of Appeals wishes to appoint Joan Boris as Zoning Board of Appeals Secretary,

 

Therefore, Be it Resolved, the Town of Esopus Town Board approves the Zoning Board Chairperson’s appointment of Joan Boris as Secretary to the Town of Esopus Zoning Board of Appeals,

 

Resolution offered by Councilperson Gloria VanVliet and seconded by Councilperson Deborah Silvestro.

 

                                                Supervisor John Coutant                  Aye

                                                Councilperson Gloria VanVliet         Aye

                                                Councilperson Wayne Freer             Aye

                                                Councilperson Deborah Silvestro    Aye

                                                Councilperson Carl Belfiglio             Aye

 

Resolution duly adopted.

 

5.  Port Ewen Water/Sewer District – Safeco Alarm System (Motion)

 

The Supt. Donald Kiernan is dissatisfied with the present alarm system because they are no longer local and the alarms are not given properly.  Safeco can provide local service.  Councilperson Belfiglio asked about the alarm system at Birchez?  Supt. Donald Kiernan stated this was a private system and they would pay Safeco to monitor the alarm. 

 

A Motion was made by Councilperson Carl Belfiglio and seconded by Councilperson Wayne Freer to allow Supt. Donald Kiernan to enter into an agreement with Safeco.  All Town Board Members voted in favor.  Motion Carried.

 

 

6.  Resolution to Appoint Mark Anderson as Building Dept. Consultant

 

Be it resolved, by the Town Board of the Town of Esopus, in the County of Ulster, State of New York, as follows:

 

Whereas, the Town of Esopus has been offered the services of Mark Anderson, who recently retired from the New York State Dept. of State Codes, as a consultant for the fee of $1.00 per year.

 

Therefore, be it Resolved, the Town of Esopus Town Board approves the hiring of Mark Anderson as a consultant.

 

                                                            Supervisor John Coutant                  Aye

                                                            Councilperson Gloria VanVliet         Aye

                                                            Councilperson Wayne Freer             Aye

                                                            Councilperson Deborah Silvestro    Aye

                                                            Councilperson Carl Belfiglio             Aye

 

Resolution duly adopted.

 

7.  Resolution to Approve Gary E. Beck, Jr. Electrical Inspection Service

 

Be it Resolved, that a Resolution is hereby adopted by the Town Board of the Town of Esopus in the County of Ulster, State of New York to approve Gary E. Beck, Jr.  Z3 Consultants, Inc.  as an authorized agency in the Town of Esopus to provide Electrical Inspections.

 

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 Deborah Silvestro    Aye

                                                            Councilperson Carl Belfiglio             Aye

 

Resolution duly adopted.

 

8.  Park Bench – Lighthouse Park – Leiching Family

 

At the last Workshop Meeting of the Town Board, members of the Leiching Family requested permission to place a bench at Lighthouse Park in memorial of their daughter.  The Town Board was in agreement. 

 

9.  Orange County Bank – Bond Closing – Friday, 7/17/09, 10 AM

 

A closing with Orange County Bank will be held on Friday, July 17, 2009 at 10 AM.

This is a closing for the purchase of a new Water Chestnut Harvester.

 

10.  LaMirage Planning Board Problem

 

Supervisor Coutant said there was a meeting with several members of the Planning Board and the attorney for LaMirage Joseph Pisani to discuss a problem with the NYSDOT and the restaurant.  This matter has been resolved.

 

11.  Quadri-centennial Celebration

 

The Town wide celebration of the 400th Anniversary of Henry Hudson sailing up the Hudson River will take place on July 25th.  There will be a luncheon served and a permit from the Ulster County Health Dept. will be requested. 

 

12.  Budget Adjustments

 

                                                                   Budget Adjustments

July 16, 2009

 

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

 

Whereas, the Town Board of the Town of Esopus has been presented with the following budget adjustments,

Now, Therefore, Be it Resolved, that the following budget adjustments be approved:

 

 

Attorney Contractual              AO.599.                         $   220.09      AO1420.4                                            

Beach Contractual                   AO7120.4                   $3,500.00        AO7110.1                                             

Parks & Red Labor (working on Ross Park)

Assessor Contractual              AO1355.4                    $2,000.00                    AO1355.1                                                

Assessors Labor (reclass reval)

 

 

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 Deborah Silvestro    Aye

Councilperson Carl Belfiglio             Aye

 

Resolution duly adopted.

 

13.  Payment of Vouchers

            RESOLUTION AUTHORIZING PAYMENT OF BILLS SINCE JULY 2009

 

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 091336-091383           $ 28,927.10

Highway Fund            092147-092176          $ 13,675.97

Capital Fund   095037-095040           $ 21,158.30

Street Lights   096007                       $  1,623.67

Port Ewen Sewer       093085-093107           $ 11,318.43

Port Ewen Water       094166-094188          $ 15,233.02

Total................................................               $ 91,936.49

 

                                                           

Resolution offered by Councilperson Gloria VanVliet

Resolution seconded by Councilperson Deborah Silvestro

 

Supervisor John Coutant                  Aye

Councilperson Gloria VanVliet         Aye

Councilperson Wayne Freer             Aye

Councilperson Deborah Silvestro    Aye

Councilperson Carl Belfiglio             Aye

 

Resolution duly adopted.

           

14.  Approval of Minutes

 

A Motion to approve the Minutes since the last Town Board Meeting was made by Councilperson Gloria VanVliet and seconded by Supervisor John Coutant.  All Town Board Members voted in favor.  Motion Carried.

 

15.  Approval of Local Law No. 1, No. 2, No. 3, and No. 4 for 2009

A Motion to approve Local Law No. 1, No. 2, No. 3 and No. 4 was made by Councilperson Wayne Freer and seconded by Supervisor John Coutant following public hearings at this evenings meeting. 

                                                Supervisor John Coutant                              Aye

                                                Councilperson Gloria VanVliet                     Aye

                                                Councilperson Wayne Freer             Aye

                                                Councilperson Deborah Silvestro    Aye

                                                Councilperson Carl Belfiglio             Aye

                                               

                                               

Local Law No. 1– A Local Law for Flood Damage Prevention as authorized by the New York State Constitution, Article IX, Section 2. And Environmental Conservation Law, Article 36.

 

Local Law No. 2 To Amend Chapter 50 of the Town of Esopus Town Code to allow the Building Inspector to enforce the provisions of the Flood Damage Prevention Law.

 

Local Law No. 3 To Repeal Chapter 98, Park Rules and Regulations of the Town of Esopus Town Code effective upon the enactment and filing of a new Chapter 98.

Local Law No. 4 to adopt Chapter 98 entitled Park Rules and Regulations for the Town of Esopus Town Code.                                        

 

Resolution duly adopted.

 

Communications and Reports of Officials and Boards are available for inspection in the Town Clerks’ Office.  The following reports were received:

Town Clerk Report for June 2009

Supervisor’s Report dated July 2009

Planning Board Minutes dated June 25, 2009

Port Ewen Water and Sewer Board Monthly Report dated June 2009

Assessors’ Monthly Report dated July 10, 2009

Building Inspectors’ Monthly Report dated June 2009

Port Ewen Water and Sewer Minutes dated June 9, 2009

 A Motion to adjourn was made at 9:33 PM by Councilperson Wayne Freer and seconded by Supervisor John Coutant.  All Town Board Members voted in favor. 

Motion Carried.        

 Respectively submitted,

Diane L. McCord, Town Clerk ,CMC, RMC