Town of Esopus Town Board Meeting Minutes

TOWN BOARD MEETING

DECEMBER 18, 2008

A regularly scheduled meeting of the Town Board was held on Thursday, December 18, 2008 at 7:30 PM in the new Town Hall 284 Broadway Port Ewen, New York 12466 with the following persons in attendance:

Supervisor John Coutant

Councilperson Gloria VanVliet

Councilperson Wayne Freer

Councilperson Deborah Silvestro

Councilperson Carl Belfiglio

Administrative Recorder: Diane L. McCord

Town Clerk, RMC, CMC

The Organizational Meeting for 2009 will be held on Monday, January 5th which is the night our regularly scheduled Workshop Meeting will take place at 7:30 PM.

Supervisor Coutant stated this is the first official meeting to be held in our new Town Hall.

Public Comment:

Roscoe Pecora: This is the time to think about 2009. With a new president and there will be many federal dollars coming down for federal projects. The Port Ewen Water District was put in place by the WPA and nothing has been done with the system since then. It is time the Port Ewen Water District apply for funding within the next thirty days in order to improve our water district. We must be prepared. The Mayor of Kingston has a wish list. We should also. Our zoning should be updated as we enter 2009 so that we are up to date and so things should fit into the character of our neighborhoods.

An economic growth and development plan should be implemented. We have people living in this town who have great talents. We need relief through this hard economic ground. We need a aggressive development plan. I would like you to look at these three things and be as pro-active as we can be in 2009.

As the recipient of a sidewalk letter I am not happy with it. I have to tell you with the trucks plowing through on Rt. 9W I do not think the people on Broadway have been fairly treated. I do not object to having sidewalks but I am not getting any younger and it will be difficult and hard on the Broadway residents.

Supervisor Coutant said this is a monumental job to develop any type of planning...it is an engineering problem. The economic growth project should be looked at carefully. Our Water Department has problems and there is also a water problem in Rifton that should be investigated. There are quite a few avenues to look at. Your thinking Roscoe is going in the right direction. I am not sure if any one change in Washington will be able to handle all the problems we have. We will work on them and try our best.

Councilperson Carl Belfiglio stated this Town Board has been pro-active in trying to get federal funds to repair the water plant. We have met with SEMO and we have a claim in with FEMA. I do not think we would be eligible for federal funds because of the claim. It is a big undertaking to repair the plant at a cost of 2.1 million. Just to repair the infrastructure would be extremely costly. Supervisor Coutant said one problem we have is we are required to pay for the repair and then be reimbursed. Where do we come up with 2.1 million? You must borrow it and then there is no insurance we would get reimbursed totally. We have written to all our representatives and the only one to respond is Senator Larkin. We cannot place another burden on our taxpayers.

Roscoe Pecora again stated there should be a wish list within a thirty day period for he is afraid of the speed things will come up from Washington. We must be in a position to move forward.

The Supervisor spoke about our 400th Quadro-Centennial and stated the John Burrough’s property is a diamond in the rough. They are willing to open Slabsides for the event and work with us. There is not enough advertising of the sanctuary.

Town Hall Update

Charlie Wesley gave the following report:

Progress from Friday, November 21st, through Thursday, December 18th 2008.

The following aspects of construction remain in progress, or need to be addressed prior to final payout to the respective trades:

I. Building exterior trim and rain gutters/down spouts, including repair of possible replacement of gutter/down spout system due to possible manufacturers design flaw (To be determined by Architect).

II. Repair roof leak over Assessors Office

III. Chair rail finished in Court/Meeting

IV. Electrically operated partition in Community Room (additional controls and door lite)

V. Raise cabinets in lunch room kitchenette

VI. Repair/replace defective windows in Town Clerks Office, Supervisors, Secretary Office, and Planning Board Office.

VII. Replace smoke head #31 in court/meeting room with shielded head

VIII. Label all heat pump and duct detectors locations at the ceiling grid throughout the building (in progress)

IX. Replace room ID and name signage where necessary

X. Perform final HVAC balancing in problem areas

XI. Install humidity sensor in Records room and connect to alarm system

XII. Install door seals and door sweeps on records room door

II. Install glazing retainer strip on door into building dept.

III. Process final pay applications and determine amount of final payout of balance owed, including retain age

IV. Final cleaning in areas not completed at the time of occupancy

V. Address any final punch list items compiled by Architect which do not appear on this list

I. Additional issues to discuss:

I. Arming of building intrusion alarm system during off hours

II. Trash removal contract (Dumpster)

III. Service Contracts for infrastructure

IV. The plumbing contractor has a $12,000 credit and he has offered the equivalent of service but Charlie Wesley believes we should take the money.

I. The following entry doors are equipped with intrusion alarms:

II. a) The double glass doors at the lower level at the rear of the building

III. b) The door into the Community Room near the Building Dept.

IV. c) The Employees entrance into the Building Dept.

I. This key will work in door “a”

I. When door is opened, you have 30 seconds to disable the alarm by entering your 4 digit numerical code on the keypad just inside the entrance.

II. Once your code is entered. Note that there are motion detectors throughout the building, and any zone left enabled will remain alarmed. Any activity in these areas will activate the alarm.

III. If access to the building is gained through any other door, motion detectors will set off alarm, so after hours access should only be through doors a, b, or c.

IV. The building zones are: Zone 1 Building Dept.

V. Zone 2 Community Room

VI. Zone 3 The entire Upper Level

VII. Failure to disarm the alarm system will result in the intrusion alarm being activated, and a call will immediately go out to Safeco Alarms Monitoring Service, and Police will be notified.

VIII. If this occurs, a phone call should be immediately placed to Safeco Alarms at 388-4440 to report the alarm condition.

IX. You will be asked for your password.

X. Once your password is accepted, Safeco will cancel the alarm condition. The alarm system will then need to be silenced and reset by Safeco, or someone on the contact list.

1. New York State Real Property Agency - Award of Excellence for Successful 2008 Revaluation Project - Dan Terpening

Jim LaPlant is the Regional Manager for New York State Real Property Office and his able assistant presented our Assessor Dan Terpening with the Award of Excellence for a successful 2008 revaluation project. Mr. LaPlant stated that New York State has one of the worst records for performing tax revaluation programs. Since 2005 half of the municipalities in the state have done revaluations. You need equity on the tax rolls. The New York State system was designed when tax bills were hundreds of dollars and now they are thousands of dollars. We want to recognize the terrific job your Assessor has done along with his staff JoAnna and Edie. Most assessments are done by contractors and they spend hundreds of thousands of dollars on assessments. Your town was able to do this reassessment in house spending little money. This award for Excellence in Equity is given to Daniel Terpening and this is the fourth year of eligibility. Dan Terpening accepted the award and gave credit to his staff.

2. Bid for Trucks Being Auctioned - 1990 GMC Dump Truck & 1987 Dump Truck

A bid opening was held on December 15th and there was only one bid on the 1990 GMC Dump Truck in the amount of $1,025. A second bid for the remaining 1987 Dump Truck was submitted late for $1,005. These were the only bids received. The Town Board accepted the bids.

3. Resolution to Change Section 807 of Employee Handbook

Whereas, the Town of Esopus Employee Handbook clearly allows and authorizes the Town Board to change various policies that are reflective within it’s discretion of such,

Whereas, Section 807 entitled Medical Insurance Buy-Out indicates that a retiree is eligible for Medical Insurance Buy-Out after active employment ceases,

Whereas, this paragraph is being changed to read as follows:

A full-time employee, including an Elected Official who is eligible for

medical insurance coverage made available through the Town may received

a cash buy-out in lieu of receiving medical insurance benefits. To eligible

for the medical insurance buy-out the employee must provide documentation

of comparable medical health coverage in a manner and form to be determined

by the Town and signed health insurance an appropriate waiver of health insurance

coverage and waiver of liability to the Town. Employees who retire after

December 31, 2008 will no longer be considered for medical buy-outs.

Whereas, the above paragraph is intended to allow any retiree currently receiving a buy-out to continue to do so.

Therefore, Be it Resolved, that the Town Board of the Town of Esopus, State of New York, will change Section 807, Medical Insurance Buy-Out, of the Town of Esopus Employee Handbook to read as stated above.

Resolution offered by Councilperson Wayne Freer

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.

Prior to the adoption of this resolution there was discussion about the legality of this resolution and whether it should have been sent to our attorney for review?

4. Resolution to Town Code – Chapter 32, Personnel Policies, Article VIII, Section 32-62

.A Medical Insurance Buy-Out

Whereas, the Code of the Town of Esopus clearly allows and authorizes the Town Board to change various policies that are reflective within it’s discretion

Whereas, Chapter 32, Personnel Policies, Employee Handbook, Article VIII - Employee Benefits, Section 32-62.A entitled Medical Insurance Buy-Out indicates that a retiree is eligible for Medical Insurance Buy-Out indicates that a retiree is eligible for Medical Insurance Buy-Out after active employment ceases,

Whereas, this paragraph is being changed to read as follows:

Eligibility. A full-time employee, including an elected official, who is

eligible for medical insurance coverage made available through the town may

receive a cash buy out in lieu of receiving medical insurance benefits. To be

eligible for medical insurance buy out, the employee must provide documentation

of comparable medical health insurance coverage in a manner and form to be

determined by the town and sign an appropriate waiver of health insurance coverage

and waiver of liability to the town. Employees who retire after December 31, 2008

will no longer be considered for medical insurance buy-outs.

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.

5. Resolution to Increase Zoning Board Fees

Whereas, the Town of Esopus Town Board, County of Ulster, State of New York, would like to set the following fees effective January 1, 2009 for the Town of Esopus Zoning Board of Appeals:

ZBA Application Fee

Residential $100. Plus $15/Dwelling Unit

Commercial $300 plus $45/1,000 sq. ft. of Bldg. Area

ZBA Public Hearing Fee $200

Therefore, Be it Resolved, the Town of Esopus Town Board accepts the fee schedule effective January 1, 2009 for the Town of Esopus Zoning Board of Appeals as listed above.

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.

6. Resolution to Increase Building Department Fees

Whereas, the Town of Esopus Town Board, County of Ulster, State of New York would like to set the following fees for the Town of Esopus Building Department:

Abstracts $ 75.00

Abstract Inspections $150.00

Above Ground Pool Permits $ 75.00

Public Assembly $ 50.00

Business $ 25.00

Mercantile $ 50.00

Factory/Industrial $ 100.00

Hazardous $ 150.00

Residential (multi-family) $ 50.00

Storage $ 25.00

Miscellaneous $ 25.00

Bed & Breakfast $ 35.00

Educational No Fee

Therefore, Be it Resolved, the Town of Esopus Town Board accepts the fee schedule for the Town of Esopus Building Department as listed above.

Resolution offered by Councilperson Gloria VanVliet

Resolution seconded 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.

There are only three Building Dept. changes. The Planning Board has suggested several fee changes. Planning Board member Dennis Suraci is working on another spreadsheet to give to the Town Board to review.

7. Bus Shelter Agreement with Birches

The Senior Citizen Complex is coming along. Developer Steve Aaron has signed the bus agreement along with Supervisor Coutant.

8. Pedestrian Crosswalk Signs - Rt. 9W, Port Ewen

The following letter has been read into the minutes:

Dec. 1, 2008

Honorable John K. Coutant

Supervisor

Town of Esopus

P O Box 700

Port Ewen, N. Y. 12466

Re: Case #808-2675, T08-180

File #51.08-9W

Pedestrian Crosswalk Signs

Rt. US 9W, Port Ewen

Town of Esopus, Ulster County

Dear Mr. Coutant:

A formal investigation regarding the placement of signs that remind motorists to yield to pedestrians in crosswalks has been completed.

We find it appropriate to install “State Law Motorists Yield To Pedestrians Within Crosswalk” signs on Rt. US 9W. For northbound motorists, a sign will be installed, south of the new existing marked crosswalks. A second sign will be located north of the crosswalks for southbound motorists.

State Maintenance forces will install these two signs as their work schedule permits.

If there are any questions concerning this matter, contact NYSDOT Traffic Engineering and Safety Group in Poughkeepsie at (845) 575-6040.

Thank you for your continued cooperation in traffic safety matters.

Very truly yours,

Mark D. Morano

Civil Engineer I

Mr. Morano will be contacted to see if we can get more signs. Another topic discussed was removable signs that could be placed in the roadway. Councilperson Belfiglio investigated the removable signs and they can be erected only for a six month period and then must be re-evaluated. The town would be responsible for the cost.

9. Dog Training - Dog Clinic - Dog Agility Training

There is a Dog Agility Class that our Dog Control Officer would like to attend and split the cost between the three towns she represents. There were questions about the importance of this class and how our dogs would be affected. More information was required.

10. Ulster County - State’s Local Government Efficiency (LGE) Program

Ulster County, as Lead Applicant, will be reapplying for funding this year through the Dept. of State’s Local Government Efficiency (LGE) Program, formerly known as the Shared Municipal Services Incentive Grant Program (SMSI). The goal of the LGE program is to encourage and fund projects that concentrate on the reduction of duplicate layers of local government and encourage fiscal savings for municipalities and taxpayers.

Ulster County hosts a sophisticated Information Services Dept. that facilitates the management and dissemination of public information and services to develop and orchestrate innovative and cost-effective telecommunications and information technology solutions. We would like to be able to expand this County-level resource by sharing their expertise with all Ulster local governments. To this end, Ulster County is seeking LGE funding to support the purchase and installation of an Automatic Vehicle Location System (AVL) for shared use on County and other municipality-owned highway department vehicles.

Ulster County, as Lead Applicant, is seeking to identify municipalities who are interested in introducing AVLs into a shared system of vehicle operations. By means of this letter we are inviting you to support our application and become a Co-Applicant. Co-Applicants are required to submit a formal resolution showing their support of the grant application. As LGE applicants may submit more than one project, your support as a co-applicant does not preclude you from submitting a separate LGE project for your municipality.

We are enclosing a draft resolution for your use should you decide to partner with us. Please let us know when the resolution will be on your Board agenda and, once adopted, we will need a copy to be inserted in the application document. The deadline for the grant submission is 1/14/09. Therefore, we need your resolution prior to this date. Should you wish to discuss this funding opportunity in further detail, please do not hesitate to contact me at our offices or Ben Syden, Laberge Group’s Planning and Community Development Director at 518-458-7112 or our grant designee, Patricia Scarlett, at 518-577-3239.

Dec. 18, 2008

Municipality: Town of Esopus

RE: Ulster County Automatic Vehicle Locator Program

Co-Applicant Resolution Supporting Ulster County’s Submittal of an Application titled: Ulster County Automatic Vehicle Locator Program.

At a Regular Meeting of the Town of Esopus Town Board, Ulster County, State of New York, held on December 18, 2008 in the Municipal Building, the following resolution was made by:

Councilperson Wayne Freer and was seconded by Councilperson Carl Belfiglio,

WHEREAS, Ulster County hosts a sophisticated Information Services Department that facilitates the management and dissemination of public information and services to develop and orchestrate innovative and cost-effective telecommunications and information technology solutions to be shared by other Ulster County Municipalities; and LGE funding, if awarded, is intended to support the purchase and installation of an Automatic Vehicle Location System (AVL) on County and other municipal-owned highway, emergency and safety-related department vehicles. Proposed Project to be overseen by the County Information Services Department.

WHEREAS, Research and analysis of AVL benefit-cost assessment information shows that the proposed Countywide, shared-inter-municipal AVL program will result in the following positive outcomes: Reduction in the numbers of required equipment and vehicles; Reduction in the number of required sub and salt stations; Reduction in overtime hours and outsourcing.

WHEREAS, the Town of Esopus as a Co-applicant, after due consideration, has determined that it is desirable and in the public interest to support Ulster County in the Submittal of an application under the 2008-2009 Local Government Efficiency Grant Program to be titled the Ulster County Automatic Vehicle Locator Program.

IT IS HEREBY RESOLVED THAT: The municipality of the Town of Esopus, as a Co-Applicant, is in support of Ulster County’s 2008-2009 Local Government Efficiency Grant Program and as a Co-Applicant, ensures government representation in the planning of the program’s proposed implementation.

Yes Nay

Board Members present and voting were:

Supervisor John Coutant X

Councilperson Gloria VanVliet X

Councilperson Wayne Freer X

Councilperson Deborah Silvestro X

Councilperson Carl Belfiglio X

Resolution duly adopted. SEAL

Municipality: Town of Esopus

Certification

State of New York

County of Ulster

I, Diane L. McCord, Town Clerk of the Town of Esopus do hereby verify that the foregoing is a true copy of a resolution unanimously adopted by the Town of Esopus Town Board 284 Broadway Port Ewen, New York in the County of Ulster on the 18th day of December 2008.

_________________________________

_________________________________, Clerk

SEAL

11. 2009 Appointment List

Many appointments will be made at our Organizational Meeting. If there are people interested in serving on any boards, they should send in a resume for the Town Board to review.

12. Mileage Reimbursement

2009 Mileage reimbursement will be at $.55 per mile as per the IRS.

13. Budget Adjustments

RESOLUTION AUTHORIZING BUDGET ADJUSTMENTS

NOVEMBER 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:

Assessor Personal AO0599 $ 622.38 AO1355.100

Attorney Contractual AO0599 $11,513.53 AO1420.400

Building Utilities AO0599 $ 3,498.75 AO1620.402

Control Dogs Personal AO0599 $ 1,660.49 AO3510.100

Dogs Contractual AO0599 $ 608.98 AO3510.400

St. Lighting Contractual AO0599 $ 1,742.93 AO5182.400

Street Lighting & Pole Replace AO0599 $ 956.23 AO8889.400

General Repairs DA0599 $ 890.40 DA5110.400

Fuel DA0599 $ 4,350.64 DA5111.400

Machinery DA0599 $ 2,389.57 DA5130.400

Water Contractual DA0599 $19,468.69 SW8310.400

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.

14. Payment of Vouchers

RESOLUTION AUTHORIZING PAYMENT OF BILLS SINCE DEC. 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 081363-081696 $ 47,876.11

Highway Fund 082309-082333 $ 59,198.92

Capital Fund 085104-085114 $216,107.36

Street Lights 086012 $ 5,752.20

Port Ewen Sewer 083159-083178 $ 10,090.39

Port Ewen Water 084303-084326 $ 26,936.66

Total................................................ $365,961.64

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 Deborah Silvestro Aye

Councilperson Carl Belfiglio Aye

Resolution duly adopted.

15. PA System

There was discussion over the payment for the built in PA system. It was believed this system would come under the auspices of the Court System. We also have a portable system available.

Councilperson Silvestro mentioned the Town of Rosendale has a microphone for each Town Board Member. We have a system adaptable for all meetings including a cordless microphone.

Additional microphones may be necessary.

16. NYSERTA

Charlie Wesley said Lee Parker from NYSERTA took man photos of our new Town Hall and was very pleased and impressed with what has been done. Councilperson Silvestro thought we also could be reimbursed for the timers and lighting fixtures.

17. Court Bailiff

Joe Murray was introduced to the Town Board as one of our new Court Bailiffs.

18. Minute Approval

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

19. Reports of Boards and Commissions

The following reports of boards and commissions were received and are on file in the Town Clerks’ Office:

Town Clerks Report for November 2008

Building Depts. Report for November 2008

Port Ewen Water and Sewer Monthly Report for November 2008.

The Supervisors’ Monthly Report for November 2008

The Assessors’ Report dated December 11, 2008.

Supervisor Coutant wished everyone a Happy Holiday Season.

Councilperson Silvestro said the Winter Solstice would be held 6:30 Sunday evening to look at the constellations. Wear warm clothes and shoes.

Councilperson Belfiglio thanked the Bruderhof for the cookies for this evenings meeting.

Roxanne Pecora thanked the Supervisor for the donation of the new Christmas Tree for the Town Hall.

A Motion to adjourn the meeting was made at 9:05 PM by Supervisor Coutant and seconded by Councilperson Carl Belfiglio. All Town Board Members voted in favor. Motion Carried.

Respectfully submitted,

Diane L. McCord

Town Clerk, CMC, RMC

NYSTCA Reg. 2 Dist. Dir.