TOWN BOARD MEETING

OCTOBER 21, 2010

 

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, October 21, 2010 at 7:30 PM in the Town Hall 284 Broadway Port Ewen, New York with the following persons in attendance:

 

                                                Supervisor John Coutant

                                                Councilperson Gloria VanVliet

                                                Councilperson Wayne Freer

                                                Councilperson Donna McAuley

                                                Councilperson Kyle Barnett

 

                                                Administrative Recorder:  Diane L. McCord

                                                                                                  Town Clerk, CMC, RMC

 

Pledge to the flag.

 

Opening:  Supervisor Coutant called the meeting to order at 7:32 PM.

 

Public Comment:  The question was asked when will the new bank be opened?   In the spring a newly erected bank will open, however, the bank is open now in the old library.

 

1.  Introduction of Local Law #1 – Amend Chapter 68 – Dog Licensing

 

The Supervisor explained New York State is now out of the dog licensing business and the duties will be handed down to the local Town Clerks in each of the towns in the state.  In order to accomplish this, each town will have to adopt a local law to include the NYS statutes before January 1st of 2011 when this all takes effect and as well as establish fees. 

 

Each town will need to supply their own tags with the name of the town, the phone number and their own numbering system and will pay the cost of mailing.   The state will require a charge of $1 for each neutered dog and $3 for each unneutered dog, despite being out of the dog licensing business.

                                               

 

 

 

 

 

 

 

TOWN OF ESOPUS LOCAL LAW NO. 1, FOR THE YEAR 2010

 

A Local Law to Amend Chapter 68, Articles II and III of the Town Code

of the Town of Esopus

 

Be it enacted by the Town Board of the Town of Esopus as follows:

 

Section 1:  Purpose:  The Town Board of the Town of Esopus find that the running at large and other uncontrolled behavior of licensed and unlicensed dogs would cause physical harm to persons, damage to property and create nuisances within the Town.  The purpose of this Local Law is to protect the health, safety and well being of persons and property by imposing restrictions on the keeping, licensing and identification of dogs within the Town.

 

Section 2:  Authority:  This Local Law is enacted pursuant to the provisions of Article 7, Chapter 59, Part T of the Agriculture and Markets Law of the State of New York and the Municipal Home Rule Law of the State of New York.

 

Section 3:  Section 68-15 of the Town Code of the Town of Esopus is amended by adding the following definitions:

            .           -1 Dogs:  any member of the species canis familiaris.

 

.           “Service dog”, “guide dog”, “police work dog”, “hearing dog”, “detection dog”, “war dog” and “therapy dog” are all defined as set forth in Section 108 of the Agriculture and Markets Law of the State of New York.

 

.           All other words and phrases in this article have the meanings respectively ascribed to them by Section 108 of the Agriculture and Markets Law.

 

Section 4:  Section 68-4 A of the Town Code of the Town of Esopus is amended to read: 

           

A.  Penalties for violations of this Article shall be dealt with pursuant to Article 7, Section 118 of the Agriculture and Markets Law of the State of New York.      

           

Section 5:   Section 68-27, A, B, C, and D are amended to read as follows:

 

 

 

 

 

Licensing of Dogs

 

A.         All dogs in the Town must be licensed with the Town Clerk by the time that said dog attains four months of age.  Owners are required to present a current certificate of rabies vaccination at the time of licensing said dog and at the time of renewal of any existing license.

 

B.         All dog licenses shall be valid for a period of one year.  Licenses shall not be transferrable.

 

C.         Fees for licensing of dogs.

 

            (1)        The fee for a spayed or neutered dog shall be $9.00 plus a $1.00

surcharge for the purpose of carrying out animal population control.

            (2)        The fee for an unsprayed or unneutered dog shall be $15.00 plus

                        A $3.00 surcharge for the purpose of carrying out animal population

                        Control.

            (3)        The fee for a lost dog tag shall be $5.00.

           

Such fees shall be reviewed by the Town Board from time to time and may be changed by a resolution of the Town Board.

 

D.  The annual fee for each purebred license issued shall be as follows:

 

            (1)        $25.00 per license if no more than 10 registered purebred dogs or

purebred dogs eligible for registration over the age of six months are harbored on the owner’s premises at the time of the application, plus a $3.00 surcharge for the purpose of carrying out animal population control.

(2)        $50.00 per license if no more than 25 registered purebred dogs or purebred dogs eligible for registration over the age of six months are harbored on the owner’s premises at the time of the application, plus a $3.00 surcharge for the purpose of carrying out animal population control.

                                               

E.         Notwithstanding anything to the contrary, there shall be no license fee required for any license issued to a guide dog, police work dog, war dog, hearing dog, detection dog, service dog or therapy dog as defined in Section 108 of the Agriculture and Markets Law.

 

F.         Notwithstanding anything to the contrary, no license shall be required for any dog that is residing in a dog pound or shelter maintained by or under agreement with the State of New York or any county, city, town or village, or any duly incorporated society for the prevention of cruelty to animals, or any duly incorporated humane society, or duly incorporated dog protective association.

 

G.         All dog licenses shall be purchased at the Town Clerk’s office or may be requested by regular mail.  However, if a licensing or renewal of a license is done by mail, the appropriate fees must accompany the application form.

 

H.         The Town Clerk shall retain a copy of each dog license issued and, upon request, shall make a copy of same available to the Department of Agriculture and Markets.

 

I.          In the event of a change of ownership of a dog or a change of address of a dog, or in the event that a dog has been lost or stolen, notification  of same shall be given to the Town Clerk within 48 hours of said event.  Failure to notify the Town Clerk as required herein shall be punishable pursuant to Section 68-24 above.

 

Section 6:  Effective Date:  This Local Law shall take effect on January 1, 2011,  upon filing same with the New York State Secretary of State.

 

Each of the Town Board Members have received copies of this local law and copies are available to the general public in the Town Clerks’ Office.  A Public Hearing will be held on Thursday, November 18th at 7:15 PM.

 

2.  Resolution – Highway Dept. – Equipment Purchase

 

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 submitted a request to

purchase the following equipment:

 

            Alamo-Industrial 17” Add on Boom Assembly/Mounting $15,460.00

            Proportional Joystick Controls                                                   $   6,495.00

            48” Flail-Axe Brush Head                                                             $   9,825.00

            Replace Right Side Window Glass w/Polycarbonate Lexan     1,500.00

            Labor                                                                                                 $       900.00

 

            Total:                                                                                                 $ 34,180.00

 

 

 

 

 

 

 

 

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.

 

3.  Resolution – Town of Esopus adv. Lighthouse Bluff Settlement

 

TOWN OF ESOPUS

RESOLUTION TO AUTHORIZE SETTLEMENT

TOWN OF ESOPUS adv. LIGHTHOUSE BLUFF

 

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

 

The proposed settlement of the 2010 tax certiorari case brought by Lighthouse Bluff, LLC, would reduce the assessment from $892,000 to $550,000.

 

WHEREAS, we have received and reviewed information from our Attorney regarding the above reference matter,

 

THEREFORE, BE IT RESOLVED, that the Town of Esopus town Board authorizes our Attorney to go forward with filing the necessary papers to settle this case.

 

Resolution offered by Councilperson Wayne Freer

Resolution seconded by Councilperson Donna McAuley

 

                                                                Supervisor John Coutant                              Aye

                                                                Councilperson Gloria VanVliet                  Aye

                                                                Councilperson Wayne Freer                       Aye

                                                                Councilperson Donna McAuley                 Aye

                                                                Councilperson Kyle Barnett                        Aye

 

Resolution duly adopted.

 

 

 

 

 

 

4.  Resolution – Appointment – Margaret Yost – Planning Board

 

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

of New York as follows,

 

Whereas, the Town of Esopus Planning Board has a vacancy to fill an unexpired

term vacated by Dennis Suraci, the Town of Esopus Town Board recommends the

appointment of Margaret Yost to a term which will expire on December 31, 2010,

 

Therefore, Be it Resolved, the Town of Esopus Town Board appoints Margaret

Yost to fill this vacancy which will expire on December 31, 2010,

 

Resolution offered by Supervisor John Coutant

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.

 

5.  Resignation – Waterfront Advisory board Secretary

 

The Town Clerk has been notified of the resignation of Terri Johnson as

Waterfront Advisory Board Secretary.  Supervisor Coutant thanked her for her

service.

 

6.  Resolution – Appoint Karyn Grieco – Waterfront Advisory Board, 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, the Town Board wishes to appoint Karyn Grieco as Waterfront Advisory

Board Secretary,

 

Therefore, Be it Resolved, the Town of Esopus Town Board approves the

appointment of Karyn Grieco as Secretary to the Town of Esopus Waterfront

Advisory Board.

 

Resolution offered by Councilperson Wayne Freer

Resolution seconded by Councilperson Donna McAuley

 

                                                Supervisor John Coutant                                    Aye

                                                Councilperson Gloria VanVliet             Aye

                                                Councilperson Wayne Freer                 Aye

                                                Councilperson Donna McAuley                       Aye

                                                Councilperson Kyle Barnett                  Aye

                                                           

7.  Resolution – Re-appointment of James Melbert – Assessment Bd. of Review

 

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

State of New York, as follows:

 

Whereas, James Melbert, Town of Esopus Assessment Review Board,

appointment expires on 9/30/10,

 

Therefore, Be it Resolved, that the Town of Esopus Town Board reappoints James

Melbert to a five year term to expire on 9/30/15.

 

Resolution offered by Supervisor John Coutant and 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.

 

 

 

8.  NYS OFFICE CHILDREN & FAMILY Services – Youth Recreation Funding Cuts

 

NYS Offices of State Office of Children and Family Services will reduce the towns

current funding for youth recreation and/or youth services programs that

are funded by OCFS through Youth Bureau by one percent.

 

9.  Park Program Refund – Shari-Lyn Reiser $220

 

The Town Board has received a letter from Mrs. Shari-Lyn Reiser requesting a

refund of $220 for the fee she paid for her children to attend our Summer Park

Program.  This is the only complaint we have ever received concerning our

program.  The Town Board has agreed to refund $220.

 

A Motion was made by Councilperson Wayne Freer in recognition of a letter and

due to the short timeframe the Reiser children attended the Summer Park

Program that the Town Board make a refund of $220 to Mrs. Shari-Lyn Reiser

Councilperson Gloria VanVliet seconded the Motion.  All Town Board

Members voted in favor.  Motion Carried.

 

10.  Port Ewen Fire Dept. Letter re:  Bowne St. & Fire Lane Signs

 

The following letter has been received from the Board of Fire Commissioners

 from the Port Ewen Fire District:

 

Dear Mr. Coutant,

 

“On June 3rd, 2010 the Board of Fire Commissioners submitted a letter requesting

the emergency access road from Bowne St. to the Town Hall be opened for emergency vehicles.  The Board is requesting that you please notify  them as to the future plans for this matter.  As stated in the previous letter the

 board feels that this is a safety issue should there be an emergency.

 

Additionally, the Board of Fire Commissioners noted that a fire lane sign has

been put in place near the standpipe at the front of the Town Hall.  They are

requesting that the Town install a sign on the standpipe indicating its location. 

 

 

 

 

 

 

 

Thank you for your assistance in these matters.

 

Sincerely,

 

Mike Dauner

Dist. Secretary

Port Ewen Fire Dist.

 

Councilperson Wayne Freer has done a little homework since this letter was received.  The Town Board is totally in control of this situation.  As far as the standpipe it seems obvious.  We do have a parking sign and it does tell you what type of pipe there is.  Councilperson Gloria VanVliet  said there is no requirement  by the Fire Dept.  Councilpersons Barnett and McAuley stated this is not needed.  We had prices in order to open Bowne St. on an emergency basis.  The cost was approximately $25,000.  Due to the budget we did not do the work.  We will

eventually make an emergency access road and this possibly could happen in the spring.  Can we look into some kind of chain and remove the barrier asked Supervisor Coutant?  We did look at the Warwick property and they put in pavers with holes and the grass grew over it.  It did not look like a road yet it would hold emergency vehicles.  Highway Supt. Larkin suggested visiting Kingston Block to find defective pavers at a cheaper price.  These pavers were used in Lighthouse Park.  If it looks like grass people may not travel over it.  The decision was made by the previous Town Board to close Bowne St.  because they thought the traffic from Rt. 9W would shortcut through it at 4 PM.  With pavers there would be grass and it would not look like a road.  Planning Board member Fred Zimmer thought this would work fine.  They used the pavers at Kingston Airport.

 

Councilperson VanVliet asked if pavers could be plowed?  Yes, answered the Highway Supt.  Councilperson Freer asked for the barrier to be moved on the end of Bowne St.  The Highway Supt. was in agreement and a chain could be placed at the end of the street.

 

11.  NY Class – Board Nominating Resolution

 

The Town of Esopus places money in a NY Class Account to achieve a better

 interest rate than our local banks.   The Governing Board has several vacancies.

They will be holding elections and would like our Town Board to participate.

Councilperson Kyle Barnett believes the only reason to participate would be if we

had someone to nominate.

 

Councilperson Kyle Barnett made a Motion to table the Nominating Resolution

Councilperson Wayne Freer seconded the Motion.  All Town Board Members

voted in favor.

 

 

 

 

 

12.  Dumping at Perrine’s Park

 

The Recreation people found an entire truckload of shingles dumped off at Perrine’s Bridge today.   They will address the problem tomorrow.

 

13.  Budget Public Hearing Date – October 26, 2010 – Community Center

 

Everyone is welcomed to attend our Public Hearing on the 2011 Budget at 7 PM.  We will have interesting charts showing our expenses and revenues.  The biggest portion of our taxes come from the Ulster County Taxes.  Esopus taxes are at zero percent.   The special district tax for the Port Ewen Water and Sewer District are  twelve percent.  The fire district taxes have been held close except for one.  When you look at this chart you would think people in Port Ewen Water and Sewer District  pay more but that is not true.  In Esopus, the taxes are about equal.   We

will go through the charts at the Public Hearing.

 

14.  Budget Adjustments

 

RESOLUTION AUTHORIZING BUDGET ADJUSTMENTS

OCTOBER 2010

 

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

 

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

been examined and approved by the Town Board,

 

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

 

AO 0599.000       Fund Balance                     AO1220.400        Supervisor Contractual                 $2,055.00

AO 0599.000       Fund Balance                     AO1320.400        Auditor Contractual                        $   700.00

AO 0599.000       Fund Balance                     AO5182.400        Street Lighting Contractual         $   185.53

AO 0599.000       Fund Balance                     AO7143.400        Water Chestnut Removal            $   352.28

AO 0599.000       Fund Balance                     AO7550.100        Fall Festival Personal Serv.         $   394.32

 

Resolution offered by Councilperson Kyle Barnett

Resolution seconded by Councilperson Donna McAuley

 

                                                                Supervisor John Coutant                              Aye

                                                                Councilperson Gloria VanVliet                  Aye

                                                                Councilperson Wayne Freer                       Aye

                                                                Councilperson Donna McAuley                 Aye

                                                                Councilperson Kyle Barnett                        Aye

Resolution duly adopted.           

                                               

 

 

 

 

 

                                               

14.  Payment of Vouchers

 

                                                RESOLUTION AUTHORIZING PAYMENT OF BILLS

October 2010

 

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                    101439-101502                                                                  $   40,578.28

Highway Fund                   102204-102228                                                                  $   75,129.84

Capital Fund                      105027-105033                                                                  $ 192,799.34

Street Lighting                  106011                                                                                  $     6,028.11

Port Ewen Sewer Fund  103138-103152                                                                  $     6,579.67

Port Ewen Water Fund  104231-104256                                                                  $   19,422.32

 

Total………………………………………………………………………………………………………$340,537.56

 

 

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.

 

The Supervisor explained we are spending money for the repair of the Water Treatment Plant, however,

this money will be replaced by FEMA.  We are acting as a bank for FEMA and SEMO.  We bonded

$750,000 to begin the process, however, the construction is going much quicker than we anticipated.

We will have to borrow the second half of the money now. 

 

15.  Approval of Minutes

 

A Motion to approve the Minutes since the last Town Board Meeting was made by Councilperson Kyle

Barnett and seconded by Councilperson Wayne Freer.  All Town Board Members voted in favor. 

Motion Carried.

 

 

 

 

 

16.  Communications and Reports of Officials, Boards and Committees:

 

The communications for the month of October are on file in the Town Clerk’s Office along with the

following reports of officials, boards and committees:

 

Town Clerk’s Report for September 2010

Building Inspector’s Report for September 2010

Assessor’s Report dated October 14, 2010

Planning Board Minutes dated August 26, 2010

Planning Board Minutes dated September 23, 2010

Environmental Board Minutes dated September 15, 2010

Waterfront Advisory Board Minutes dated September 28, 2010

Port Ewen Water/Sewer Board Agenda October 12, 2010

 

A Motion to adjourn was made by Councilperson Donna McAuley at 8:24 PM and seconded by

Councilperson Kyle Barnett.  All Town Board Members voted in favor.  Motion Carried.

 

                                                                                                                Respectfully submitted, 

 

                                                                                                                Diane L. McCord

                                                                                                                Town Clerk, CMC, RMC