TOWN BOARD MEETING

AUGUST 21, 2008

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, August 21, 2008 in the Town Hall on Broadway in Port Ewen, New York 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

 

Pledge to the Flag

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

Public Comment:

 Guy Kemp, Director Community Preservation RUPCO - Esopus Grant Announcement:

 “On August 6th, Governor Patterson announced more than 42 Million dollars in awards to create jobs, revitalize communities and renovate affordable housing.  The good news is that RUPCO has secured for the Town of Esopus a $200,000 grant from the New York Main Street Program to promote reinvestment in Port Ewen.

Within the target area, the grant will provide

            *Matching funds of $150,000 for the renovation of fifteen commercial building facades

            *Matching funds of $25,000 for the renovation of up to five residential units, plus

            *$25,000 for streetscape enhancements.

 The contract with the state is expected to commence in October, with outreach and marketing of the funding opportunity before the end of the year.  Applications from property owners should be received in February of 2009, with work underway in April 2009.

The town has already established a Main Street Program Committee which I understand has taken the name the “Pride in Port Ewen Group” under the leadership of volunteer Main Street Coordinator Lois Ingellis.

Next step for the town:

            *Form Main Street Grant Advisory Committee of 5-7 Stakeholders

Next step for RUPCO:

            *Await contract from the state

            *Complete programmatic environmental review

            *Write and public NOFA

            *Prepare Application and materials”

  Lois Ingellis: There will be a meeting on Monday, August 25th at 6:30 at the Library.  A lot of questions can be answered at this meeting.  This is a great shot in the arm but it is not the be all and end all.  It is great especially in these economic times.  The bank will be present and we have a lot of people working together. 

Councilperson Carl Belfiglio asked if the contract for these grants are between RUPCO and the State and will you share the contract with us?  Guy Kemp answered yes, we administer the program.  Councilperson Belfiglio asked what is the process?  How does the Town Board get involved?   This is really RUPCO operating as the fiscal agent.  We take no regulatory responsibility.  We also administer a fair and equitable way of sharing those funds.  RUPCO will receive the applications, evaluate them and return them to the Advisory Committee.  We will facilitate anyone who has difficulty preparing the application.  It is truly an amazing process.  Councilperson Belfiglio asked since it is a three block section to be determined...how will the people find out about the grants?  We will do a door to door mailing in the target area.  We will have a public meeting to kick it off.  Councilperson Belfiglio continued asking are there guidelines  to the designing of the facade?  We have a Design Committee formed.  The state has set the guidelines.  Roofing could be a matching grant.  The State will not pay for siding or replacement windows.  More information will be available at the August 25th meeting. 

Councilperson Gloria VanVliet: Has the three block area been designated?  Yes.  The area is on the east and west side of Rt. 9W  - Broadway from Riverview Rest to the old Library and from Canal St. Horton Lane to Smitties.  Sometimes there are people just outside the boundaries.  We can go back to the State to extend the boundaries if necessary. 

Councilperson Deborah Silvestro: Thank you for encouraging us to go for this Main St. Grant a second time.  Certainly it was a job.  It should be bring more business into the town and more jobs.  Also, thank you Lois Ingellis for your tireless determination.

Supervisor John Coutant: We have a good foundation to get things moving.  This will be the catalyst to motivate people.  Neil Cahill is from the Beacon area and he stated in Beacon the old Victorian houses over a ten year period, when they had their Main St. Grant, went from selling at $150,000 to $500,000.  This is a win win situation.  People will be drawn to this town.  The pay off will be beyond the main street.  This is a beautiful town and you just have to jazz it up a little bit.

Town Hall Update - Charlie Wesley

 Progress from Friday, July 18th, through Tuesday, August 19th, 2008

23 possible working days        23 working days logged for this period          0 days lost

 

C         Curbing at the front entrance to the building, including the driveway island is in place, as is the curbing at the West side of the building.

C         Curbing in both upper and lower parking areas is in progress.

C         Sidewalks surrounding the building have been graded and prepared for concrete.  Concrete sidewalk at front entrance was poured yesterday.

C         The flagpole at the center island was set on Friday, August 4th.

C         Sheetrock and taping on both levels continues.

C         The elevator installation is underway.  All mechanicals are in place, with only the elevator cab remaining to be installed.

C         The HVAC system has been completed.

C         The sprinkler system will be complete next week.

C         Our conduits for future power are in place.

C         During excavation for the curbing in the East parking lot island where the fire hydrant is located, a sinkhole appeared which was approximately 4" in diameter and 36" deep.  The Port Ewen Water Dept. excavated the area and an inspection revealed that it was a “blind” hole with no loss of soil in the area of utilities below.  The probable cause was determined to be isolated settlement.  No cause for further excavation of the area was deemed necessary.

C         A sample of the “Stoneflex” siding has been placed on the North side of the building, and the paver style and color submitted to the Architect for approval has been accepted.  The paver color will be “Coral Red”.

C         The temporary floor, overhead in the area of the meeting room, has been removed and we are now able to get the “feel” of this area, and view up into the Cupola as designed.

C         Paving of the entrance drive and parking areas is underway, with the binder course placed today.

C         I have received a memorandum from Site Contractor, Merritt Construction, which addresses the recent dramatic increase in the cost of paving materials.  Attached is a summary, which will detail the rising costs, and outline our current position with regard to this situation.

Charlie Wesley thanked Lois Ingellis and Guy Kemp from a “Proud” resident.  Supervisor Coutant mentioned after the flagpole was put in Charlie Wesley has been taking care of it and now we have lights on the flagpole.

 1.  Introduction of Local Law No. 3 - to Amend Chapter 50 of the Town of Esopus Code Titled Appearance Tickets.

 Supervisor John Coutant read the following Local Law No. 3:

 A.  Local Law to amend Chapter 50-4-A. Is amended as follows:

(9) Stormwater Management Officer for violation of Stormwater Management and Erosion and Sediment Control Code.

50-4-C, is amended to read as follow:

C.  The Zoning Enforcement Officer and the Town Superintendent of Highways or their appointed deputies shall also have the power to issue appearance tickets for violations of those sections of the Code of the Town of Esopus dealing with sidewalks, junk cars, junkyard and the dumping of garbage in places not authorized by the Code.

A Public Hearing will be held at 7:00 PM on September 18, 2008.

2.  Introduction of Local Law No. 4 103-1 Legislative Intent. 

 Supervisor John Coutant read the following Local Law No. 4:

 103-1 Legislative Intent

The purpose of this local law is to define the obligations of the owners of real property abutting sidewalks along Rt. 9W and old Rt. 9W in the hamlet of Port Ewen, Town of Esopus, to keep the sidewalks accessible to pedestrians and to ensure safe pedestrian traffic.

103-2 Definitions

As used in this Local Law, the following definitions will apply:

(A) “Abut” - a parcel of real property shall be deemed to abut a sidewalk whether or not the property line crosses or touches the sidewalk;

(B) “Occupant” - Shall refer to any person or legal entity who is lawfully in possession of the premises;

(C) “Owner” - Shall refer to any person or legal entity holding full or partial title to the premises;

(D) “Pedestrian” - Shall refer to any person making use of a sidewalk for passage;

(E) “Person” - Shall refer to an individual, partnership, association, corporation, limited liability company, executor, administrator, trustee, guardian, rece3iver or other person or entity having a legal interest in real property; and

(F) “Sidewalk” - Refers to the walkway or path on or between the public roadway and the real property premises of the lands abutting said roadway designed and prepared for the use of pedestrians, to the exclusion of motor vehicles.

103-3 Area of Application

This law shall apply to all sidewalks on both sides of Broadway, Rt. 9W and the west side of old 9W in the hamlet of Port Ewen, Town of Esopus, and to any sidewalks to be constructed henceforth in the Town of Esopus.

103-4 Snow and Ice Removal

(A) The owner of any real property, whether vacant or improved by any buildings, abutting sidewalks along Rt. 9W and old 9W in Port Ewen, Town of Esopus, shall keep such sidewalk free and clear of snow and ice so as to ensure safe pedestrian passage.

(B) Within 24 hours after cessation of every snowfall, and within 24 hours of the formation of any ice on the sidewalk abutting the premises, the owner or occupant shall remove or cause the same to be removed or cleared entirely from the said sidewalk creating a pedestrian path to a minimum width of thirty-six (36") inches, where circumstances permit.  If the snow or ice shall be frozen so hard that it cannot practicably be removed, the owner shall, within the time above specified, cause the sidewalk to be covered and strewn with calcium chloride, ashes, sand or other dissolving or traction material and shall, as soon thereafter as the weather will permit, thoroughly clean the sidewalk path and remove the ice and snow the stated width there from the length of the premises abutting the sidewalk which are used by pedestrians as a walkway.

(C) The owner of any real property, whether vacant or improved by any buildings, located at an intersection of two streets shall clear a path at the intersection at least thirty-six (36") inches in width through any pioles of accumulation of snow or ice on the sidewalk or street, where circumstances permit, so as to enable safe pedestrian access from the sidewalk at the corner to the cleared portion of the roadway.

103-5 Enforcement of Snow and Ice Removal

(A) The Building Inspector and Zoning Enforcement Officer of the Town of Esopus is authorized to enforce this local law by issuing an appearance ticket returnable in the Town of Esopus Justice Court.

(B) An appearance ticket shall be deemed sufficient if delivered to the owner in person or by certified mail to the property postal address and, if different, to the last known address of the owner appearing on the most recent tax rolls of the Town.

(C) Failure to comply with any of the above articles shall result in a fine not to exceed $250 for each failure to comply, plus the expenses incurred by the Town for the removal of snow or ice from the sidewalks abutting the property owners premises by the Town of Esopus.  Failure to pay the fine or associated expenses will result in an assessment upon said premises on the real property tax statement.  Each subsequent 24 hour period without compliance shall constitute a separate violation.

(D) The foregoing provisions do not place an affirmative obligation on the Town of Esopus to maintain sidewalks.

103-6 Maintenance of Vegetation

(A) The owner of any real property, whether vacant or improved by any buildings, abutting sidewalks along Rt. 9W and old 9W in Port Ewen, Town of Esopus, shall maintain or cause to be maintained all vegetation from the curb to the sidewalk so as to ensure safe pedestrian passage and optimum visibility, Vegetation within said area is not to exceed 6 inches in height.

(B) No person shall drive on or part motorized vehicles on the sidewalks, as per New York State Vehicle and Traffic Law Section 1225-a.

103-8 Alterations an Damage

(A) No person shall alter, damage or cause to be altered or damaged any sidewalk as installed.  Such person shall be liable for any repairs that result from any such alteration or damage.

(B) No person shall remove or cause damage to any trees which have been planted for enhancement of the streetscape by the Town, County, or the State.  Such person shall be liable for any costs for replacement that result from any such action.  No additional trees shall be planted without authority from the Town Board.

103-9 Sidewalk Lighting

(A) No person shall post signs, decorations or banners on the sidewalk light poles, except as authorized by the Town Board.

(B) No person shall plug into electrical outlets on the sidewalk light poels, except as authorized by the Town Board.

103-10 Enforcement of Maintenance of Vegetation, Damage and Alterations

(A) The Building Inspector and Zoning Enforcement Officer of the Town of Esopus is authorized to enforce this local law by issuing an appearance ticket returnable in the town of Esopus Justice Court.

(B) An appearance ticket shall be deemed sufficient if delivered to the owner in person or by certified mail to the property postal address and, if different, to the last known addres of owner appearing on the most recent tax rolls of the Town.

(C) Failure to comply with any of the above articles shall result in a fine not to exceed $250 plus the expenses incurred by the Town for maintenance of vegetation done by the Town of Esopus.  Failure to pay the fine or associated expenses will result in an assessment upon said premises on the real property tax statements.

(D) The foregoing provisions do not place an affirmative obligation on the Town of Esopus to maintain sidewalks or vegetation.

2.  Resolution - Annual Reassessment Program

 Be it Resolved, by the Town Board of the Town of Esopus, in the County of Ulster, State of New York,

Whereas, our Assessor, Daniel Terpening, has brought to our attention information relative to an Annual Reassessment Program available through the State of New York,

Whereas, this program will momentarily support a yearly update of our assessment values of real property in the Town of Esopus,

 

 Whereas, this application must be signed by the Chief Executive Officer and the Assessor,

 Therefore, Be it Resolved, that the Town of Esopus Town Board authorizes the Chief Executive   Officer and the Assessor to sign this agreement.

  Resolution offered by Councilperson Wayne Freer

  Resolution seconded by Councilperson Carl Belfiglio

 

                                                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 - Amend Trailer Park Fees

 Be it Resolved, by the Town Board of the Town of Esopus, in the County of Ulster, State of New York,

Whereas, our Town Code Section 76-2-C.6 has not been amended to reflect adjustments in the past twenty-five years,

Therefore, Be it Resolved, that the Town of Esopus Town Board authorizes the trailer park fee of $100.00 per park and a unit fee of $10.00 per unit.

Resolution offered by Councilperson Gloria VanVliet

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.

 

 4.  Resolution - Purchase Portable Sewer Jet Machine

 Be it Resolved, by the Town Board of the Town of Esopus, in the County of Ulster, State of New York,

Whereas, Donald Kiernan, Port Ewen Water/Sewer District Superintendent and Alan Larkin, Highway Superintendent, have requested the purchase of a trailer mounted Sewer Jet Machine for the Sewer District,

Whereas, prices will be obtained through the bidding process and reviewed by the Port Ewen Water/Sewer District Superintendent,

Therefore, Be it Resolved, that the purchase of this machine be allowed with the understanding that the sum of no more than $57,000 not be exceeded.

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Carl Belfiglio

                                                 Supervisor John Coutant                Aye

                                                Councilperson Gloria VanVliet      Aye

                                                Councilperson Wayne Freer          Aye

                                                Councilperson Deborah Silvestro  Aye

                                                Councilperson Carl Belfiglio          Aye

 

Resolution duly adopted.

 5.  Resolution Amend Fuel Fund for Town of Esopus Highway Dept.

 Be it Resolved, by the Town Board of the Town of Esopus, in the County of Ulster, State of New York,

Whereas, our Highway Superintendent, Alan Larkin, has advised us that the manner in which the revenue is received in the Town of Esopus from the sale of fuel products to other agencies and/or departments is not being returned to the line item which would allow reuse of these funds,

Whereas, the cost of fuel to our Highway Department indicates a deficiency that would bring hardship to this department by not having an adequate supply of fuel for operations through the end of 2008,

Therefore, Be it Resolved, that the Town of Esopus Town Board authorizes the revenues received be returned to Account Number 51114 which would allow reuse of these monies that would provide adequate funds throughout the remainder of the year.

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.

 6.  Resolution - Propane Bids

 Whereas, the Port Ewen Water/Sewer District advertised and received bids for Propane to be supplied for a period of (1) year, beginning September 1, 2008 and ending August 31, 2009.

Whereas, bids were received and opened at the office of the Town of Esopus Town Clerk, on August 11, 2008,

Whereas, the lowest bidder for Propane was Bottini Fuel, 157 West Main St., Wappingers Falls, NY 12590, at a price of $2.199 per gallon.

Therefore, Be it Resolved, that the Town of Esopus Town Board award the bid to Bottini Fuel.

Resolution offered Councilperson Deborah Silvestro.

Resolution seconded by Councilperson Gloria VanVliet.

 

                                                            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 - Memorializing Registrar of Vital Statistics Town of Esopus

 The Town Clerk explained the NYS Local Government Commission on Efficiency and Competitiveness was established by our former Governor to try and consolidate services throughout New York State and decrease cost to taxpayers.  One of the recommendations was to make the duties of Registrars be consolidated to the County level from the town level.  Town Clerks’ have been appointed by their Town Boards’ to be Registrars of Vital Statistics and to do birth certificates and death certificates and certify copies of these certificates.  This committee recommended the Registrars’ duties be consolidated under the office of the County Clerk.  Our County Clerk is not in favor of this.  The New York State Town Clerks’ are against it as well as the New York State Association of Towns being opposed.  The cost to residents would increase from $10 to $30 for certified copies and residents would have to travel from their hometowns to Kingston.  The Town Clerk recommended the following Resolution:

 

MEMORIALIZING

RESOLUTION

REGISTRAR OF VITAL STATISTICS

TOWN OF ESOPUS

 

WHEREAS, the New York State Local Government Commission on Efficiency and Competitiveness has made certain recommendations to the Governor which affects the

operation of local governments, and

 

WHEREAS, one of the recommendations of the Commission was to move all Registrar of Vital Statistics duties to the County level under the direction of the New York State Health Commissioner, and

WHEREAS, the local Registrars provide residents with efficient, individualized services at a reasonable cost, and

WHEREAS, in Ulster County it would take some residents of the County more than one hour to travel to the County Seat in Kingston to transact business, during a time when the cost of gasoline is $4.00 per gallon, and

WHEREAS, the local Registrars charge $10.00 per certified copy and the State proposed that the County will charge $30.00 per certified copy, and

WHEREAS, in this time of economic hardship, it is inappropriate to suggest that the residents incur extra unnecessary expenses, and

WHEREAS, New York State Department of Health has inappropriately attached these proposed changes in changing the structure of the Registrar of Vital Record’s duties to the “Pandemic Flu and Public Health Emergency Preparedness Law” S8184 (Hannon) and A11560 (Gottfried),

NOW, THEREFORE BE IT RESOLVED, that the Town of Esopus Town Board adamantly opposes the proposal to move the Registrar duties to the County level, as it would create a great hardship and a disservice to our local residents and taxpayers, and

BE IT FURTHER RESOLVED, that a Certified Copy of this resolution be forwarded to Senator William Larkin, Senator John J. Bonacic and Assemblyman Kevin Cahill.

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.  Resolution - NYS DOT

 Whereas, the New York State Department of Transportation proposes Route 9W Clay Road - Canal Street Stage II, in the Hamlet of Port Ewen in the Town of Esopus in Ulster County, Project Identification Number 8239.36/Contract D260919 and

Whereas, the State will include as part of the construction of the above mentioned project the relocation and adjustment to water mains, sanitary sewer facilities and appurtenances, pursuant to Section 10, Subdivision 24, of the State Highway Law, as shown on the contract plans relating to the project and meeting the requirements of the owner, and

Whereas, the service life of the relocated and or replaced utilities has not been extended, and

Whereas, the State will provide for the reconstruction of the above mentioned work, as shown on the contract plans relating to the above mentioned project.

Now, Therefore,

 Be it Resolved: That the Town of Esopus approves of the relocation of and adjustment to their water and sewer facilities and the above mentioned work performed on the project and shown on the contract plans relating to the project and that the Town of Esopus will maintain or cause to be maintained the adjusted facilities performed as above stated and as shown on the contract plans.

Be it Further Resolved, that Mr. John Coutant, Town Supervisor has the authority to sign, with the concurrence of the Town of Esopus Town Board, any and all documentation that may become necessary as a result of this project as it relates to the Town of Esopus, and

Be it Further Resolved: That the clerk of the Town of Esopus is hereby directed to transmit five (5) certified copies of the foregoing resolution to the New York State Department of Transportation.

Moved by: John K. Coutant, Supervisor

Seconded by: Gloria VanVliet, Councilperson

Vote:               Supervisor John Coutant                   Aye

                        Councilperson Gloria VanVliet         Aye

                        Councilperson Wayne Freer              Aye

                        Councilperson Deborah Silvestro      Aye

                        Councilperson Carl Belfiglio             Aye

 

9.  Resolution Authorizing Payment of Bills Since August 2008

 RESOLUTION AUTHORIZING PAYMENT OF BILLS SINCE AUGUST 2008

 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                        #081404-081460                                 $          52,650.98        

                                               

Highway Fund                       #081284-082215                                           57,844.23

 

Capital                                    #085061-085073                                          646,972.29

 

Street Lights                          #086008                                                            5,444.27

 

Port Ewen Sewer                  #083096-083107                                              4,686.47

                                               

Port Ewen Water                  #084196-084221                                            16,994.35

 

 

                                                                                                                        __________

                                                                                                                        $784,592.69

 

Resolution offered by Councilperson Wayne Freer

Resolution seconded by Councilperson Carl Belfiglio

 

                                                Supervisor John Coutant                Aye

                                                Councilperson Gloria VanVliet      Aye

                                                Councilperson Wayne Freer          Aye

                                                Councilperson Deborah Silvestro  Aye

                                                Councilperson Carl Belfiglio          Aye

 

Resolution duly adopted.

 10.  Resolution Budget Adjustments

                         RESOLUTION AUTHORIZING BUDGET ADJUSTMENTS

AUGUST 2008

 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 adjustment be approved:

 

Reassessment Cont.                AO599            $1,448.20                   AO1356.4

Dogs Contractual                    AO599            $649.48                      AO3510.4

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Deborah Silvestro

 

                                                Supervisor John Coutant

                                                Councilperson Gloria VanVliet

                                                Councilperson Wayne Freer

                                                Councilperson Deborah Silvestro

                                                Councilperson Carl Belfiglio

 

Resolution duly adopted.

 11.  Approval of Minutes

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

 12.  Correspondence/Reports of Committees and Boards

 The August Communications have been received and are on file in the Town Clerks’ Office as well as the Reports of Committees and Boards.  The following reports were received:

Town Clerks’ Report for July 2008

Building Inspectors’ Report dated July 2008

Minutes of the Waterfront Advisory Board dated May 27, 2008

Zoning Board of Appeals Minutes dated July 15, 2008

Planning Board Minutes dated July 24, 2008

A Motion to adjourn the meeting was made at 8:30 PM by Councilperson Wayne Freer and seconded by Councilperson Deborah Silvestro.  All Town Board Members voted in favor.  Motion Carried.

                                                                                     Respectfully submitted,

 

                                                                                    Diane L. McCord

                                                                                    Town Clerk, CMC, RMC

                                                                                    NYSTCA Dist. Dir. Reg. 2