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