TOWN BOARD MEETING
 JANUARY 15, 2004

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, January 12, 2004 at 7:30 PM at the Town Hall on Broadway in Port Ewen, New York with the following persons in attendance:

Supervisor Ray Rice
Councilman Gloria VanVliet
Councilman Wayne Freer
Councilman Michael Lange
Councilman Ernie Germano
Highway Supt. Al Larkin
Highway Supt. Emeritus Art Cross
Recording Secretary: Diane L. McCord, Town Clerk, RMC

Pledge to the Flag

Supervisor Ray Rice called the meeting to order at 7:40 PM.

Announcements: None.  Supervisor Rice thanked those people who attended this evenings meeting for coming out in the icy weather and asked them to be careful going home.

Public Comment:

Chris Greenway - President of the Port Ewen Athletic Association (PEAA)
The PEAA administers and runs the basketball,  the baseball,  the softball and soccer programs in the Town of Esopus.  There is a vital need for an activity center for these programs.  Presently, the basketball program uses BOCES and the elementary schools Robert Graves and Anna Devine.  If school closes for snow the program is canceled.  There is no use of the schools on weekends.  PEAA programs are limited because the use of the schools is limited and activities could be ended at any time.  If there was a facility PEAA could hold tournaments, we could compete at a higher level  and perform better but because we do not have facilities to practice in we are held back.  Our pitchers and catchers should be practicing now.  A recreation center would be a good thing for our community.

Supervisor Rice thanked Chris Greenway for his comments.  Unfortunately, a new recreation center will be a long way off.  Supervisor Rice suggested the PEAA contact the Kingston School District to see if the schools could be used on weekends and perhaps a custodian could be paid to secure the facility.    The Supervisor would be happy to help in this endeavor.

Russ Shultis - Planning Board Chairman: Russ Shultis addressed the letter sent by the Town Board regarding the Planning Board procedures.  All the Planning Board Members are aware of the letter dated Dec. 30, 2003 requesting any suggestions for improvements the Planning Board can make to shorten the length of time for planning board applications?  Basically, the Planning Board is handcuffed by the law for there are legal procedures that must be followed.

There are only limited ways the Planning Board can expedite the procedure.  One suggestion brought up was at the meetings is the applicants could be told of the procedures and a check list could be given.  A new check list is being worked on presently.   Councilman Mike Lange asked if the Planning Board could meet twice a month?  As Chairman this would be most difficult because Russ Shultis works nights and must take time off to attend meetings and then make that time up.

Russ Shultis stated the Planning Board is completely separate from the Town Board.  When an applicant comes to us they bring time constraints as well as financial constraints.  Many people come before the board and do not have any understanding of the process.  Councilman Mike Lange thanked Russ Shultis for the good job he does.

Councilman Gloria VanVliet stated Dennis Suraci is coming up with a check list for applicants and it was not the Town Board’s intention to tell the Planning Board what to do, however, there.   was concern about the length of time it took for the YMCA Camp.  Russ Shultis explained the YMCA application was first sent to the ZBA which at best is a three month procedure.   It was then submitted to the Ulster County Planning Board by the Planning Board.  Then the December meeting was canceled based upon a phone call to the Planning Board Attorney but the decision to cancel the December meeting was the Planning Board Chairman’s.

Councilman Gloria VanVliet explained she appreciated the Planning Board and all the volunteers who put in long hours each month.  Councilman Ernie Germano stated that based upon what he hears this evening a check list is a good idea and he asked if there was a way, during public hearings, to limit the number of times people can speak?  Could ground rules be instituted?  Russ Shultis explained the YMCA was an exception.

Robert Richter - Esopus: Robert Richter received his tax bill and noticed the Highway Tax up 27% compared to the general tax and wondered why?  Supervisor Rice answered last year we took an amount from the Highway Dept. Fund Balance and used it to keep the taxes down, unfortunately, we used too much of the fund balance.  Costs are also up due to insurance premiums, Workman’s Compensation, and the State Retirement.  As a result, the highway taxes are up.

Ira Weiner - West Park - Is there a loan between the General Fund and the Highway Fund?  Supervisor Rice answered absolutely not.  Was there an audit issue on $200,000 continued Mr. Weiner?  Absolutely not answered the Supervisor.

Sal Silvestro - Port Ewen: The project with the road (Rt. 9W) is that a definite?  Supervisor Rice answered there has been no final confirmation from the NYSDOT.  They promised an answer in December 2003 and now it is January 2004.  Supervisor Rice is sure there will be
approval of their plan.  That does not mean there is any money in their budget for the plan.  Now they are claiming it could start in 2005.

Town Board Resolutions:

1.  RESOLUTION TO AUTHORIZE ATTENDANCE OF COUNCILMEN AT NYS
     ASSOC. OF TOWNS ANNUAL MEETING

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

WHEREAS, the New York State Association of Towns will hold their annual meeting in New York City, February 15-18, 2004,

THEREFORE, BE IT RESOLVED, that the Town Council authorizes the attendance of Town Council members Gloria VanVliet and Ernie Germano, the expenses to be paid from the General  Fund,

BE IT FURTHER RESOLVED, that Gloria VanVliet be designated as the Town’s voting delegate and that Ernie Germano be designated as the Town’s alternate voting delegate.

Resolution offered by Supervisor Ray Rice
Resolution seconded by Councilman Wayne Freer

Supervisor Ray Rice   Aye
Councilman Gloria VanVliet Aye
Councilman Wayne Freer  Aye
Councilman Michael Lange Aye
Councilman Ernie Germano Aye

Resolution duly adopted.

2.  RESOLUTION TO AFFIRM RESPONSIBILITY FOR LIABILITY INSURANCE FOR       TOWN OFFICIALS AND EMPLOYEES

Supervisor Rice explained that insurance companies are reluctant to insure towns for management liability coverage.  This coverage protects town employees from wrongful acts during their regular workweek.  If the Town Board met and made a decision and someone felt wronged then they could be sued.  The insurance company, as a result, has raised their deductible from $5,000 to $25,000.  This is common among insurance companies.  What this means is there is substantial
 exposure.  The Town will take responsibility for the deductible amount.  Councilman Freer said this was discussed at the Town Workshop Meeting and employees would like to see they are covered.  It is in the Town’s best interest.

Councilman Ernie Germano looked into this today to see if the insurance would cover our defense cost and it will only cover the judgement costs.  He checked with another insurance company NYMER (a self-insurance company and a non-for-profit agency) and they insure 500 towns in the State of New York.  Their policy covers both defense and judgment costs.  Insurance companies base their rates on our loss claims ratio.  If this ratio is over 35% and ours is due to the result of the tragedy in Sleightsburgh, the costs increase.

Councilman Michael Lange was extremely opposed to going with a self-insurance agency where money is pooled together.  Port Ewen Fire Department went through this with Ulster County Self Insurance and it was a mistake.

.....................................................................................................................................................

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

WHEREAS, The St. Paul Insurance has raised the deductible amount for many of the Town’s liability insurance policies,

THEREFORE, BE IT RESOLVED, that the Town Council affirms that the Ttown of Esopus is responsible for the payment of any deductible amounts required for any liability coverage protecting the Town, its employees, appointees, and elected officials.

Resolution offered by Supervisor Ray Rice
Resolution seconded by Councilman Wayne Freer

Supervisor Ray Rice   Aye
Councilman Gloria VanVliet Aye
Councilman Wayne Freer  Aye
Councilman Michael Lange Aye
Councilman Ernie Germano Aye

Resolution duly adopted.

3.  RESOLUTION TO RESERVE FUNDS FOR A FUTURE TOWN HALL

Tabled.

4.  RESOLUTION TO RESERVE FUNDS FOR A FUTURE WATER PLANT               EXPANSION

Supervisor Rice commented that standards for water treatment are becoming more stringent, more filtration beds are necessary and eventually we will need to purchase additional property.  Standards are changing again next year and more settling tanks will be required.

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

WHEREAS, increasingly stringent water standards will require future expansion of the Port Ewen Water Treatment Plant,

THEREFORE, BE IT RESOLVED, that the Town Board authorizes the transfer of $50,000.00 from the Water Dept. Fund Balance to the Water Plant Expansion Capital Reserve Account.

Resolution offered by Supervisor Ray Rice
Resolution seconded by Councilman Wayne Freer

Supervisor Ray Rice   Aye
Councilman Gloria VanVliet Aye
Councilman Wayne Freer  Aye
Councilman Michael Lange Aye
Councilman Ernie Germano Aye

Resolution duly adopted.

5.  RESOLUTION TO PUBLICIZE “SPAY DAY USA 2004"

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

WHEREAS, cats and dogs provide companionship to and share the homes of over 63,000,000 families in the United States,

WHEREAS, two unaltered cats and all their descendants can number 420,000 in seven years and two unaltered dogs and all their descendants can number 67,000 in six years,

WHEREAS, the problem of companion animal overpopulation costs the taxpayers of this country over a billion dollars annually through animal control programs aimed at coping with the millions of homeless cats and dogs;

WHEREAS, spaying and neutering cats and dogs has been shown to drastically reduce cat and dog overpopulation;

THEREFORE, BE IT RESOLVED, that the Town Board encourages our residents to spay their animals and hereby designates February 24, 2004 as “Spay Day USA”.

Resolution offered by Supervisor Ray Rice
Resolution seconded by Councilman Gloria VanVliet

Supervisor Ray Rice   Aye
Councilman Gloria VanVliet Aye
Councilman Wayne Freer  Aye
Councilman Michael Lange Aye
Councilman Ernie Germano Aye

Resolution duly adopted.

6.  RESOLUTION TO RECOGNIZE THE CONTRIBUTION OF THE PORT EWEN             REFORMED CHURCH

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

WHEREAS, the Port Ewen Reformed Church has made a very generous donation to the Town of Esopus to be used specifically to upgrade and improve the restroom facilities in Ross Park and George Freer Memorial Park,

THEREFORE, BE IT RESOLVED, that the Town Board on behalf of all the residents of Esopus, extends our thanks to the members of the Port Ewen Methodist Church for their generous donation to our community.

Resolution offered by Supervisor Ray Rice
Resolution seconded by Councilman Ernie Germano

Supervisor Ray Rice   Aye
Councilman Gloria VanVliet Aye
Councilman Wayne Freer  Aye
Councilman Michael Lange Aye
Councilman Ernie Germano Aye
 
Resolution duly adopted.

7.  INTRODUCTION AND READING OF PROPOSED LOCAL LAW #1 TO REPEAL            OUR PRIOR NOTICE LAW

Our insurance company Ryan and Ryan has advised the Town Board to adopt a tighter local law in effect.  Local Law #9 of 1985 would have to first be repealed.  Local Law #1 of 2004 to repeal Local Law #9 of 1985 to require prior notice of defective highways, bridges or culverts.
Supervisor Rice read the Local Law Repealer.

A Public Hearing will be held on Thursday, February 19th at 7:15 PM at the Town Hall
on Broadway in Port Ewen, New York to repeal Local Law #9 of 1985 titled Notification of defects to require prior notice of defective highways, bridges or culverts.

8.  INTRODUCTION AND READING OF PROPOSED LOCAL LAW #2
     ENTITLED “NOTICE OF HIGHWAY DEFECTS”

Supervisor Rice read the following Local Law #2: Notice of Highway Defects.

Local Law No. 2 of the Year 2004.  A Local Law providing for written notification of defects and obstructions on town highways, bridges, streets, sidewalks, crosswalks, and culverts in the Town of Esopus.  Be enacted by the Town Board of the Town of Esopus.

SECTION 1.

No civil actions shall be maintained against the town or town superintendent of highways, nor other employees or offices thereof acting in such capacity, for damages or injuries to person or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk, or culvert being defective, out of repair, unsafe, dangerous, or obstructed unless written notice of such defective, unsafe, dangerous, or obstructed condition of such highway, bridge, street, sidewalk, crosswalks, or culvert was actually given to the town clerk or town superintendent of highways, and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger, or obstruction complained of.

No such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk, or culvert, unless written notice thereof, specifying the particular place, was actually given to the town clerk or town superintendent of highways and there was failure or neglect to cause such snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.

SECTION 2.

The written notice hereunder shall contain at least the following information:
A.  Name and mailing address of the person giving notice.
B.  A precise statement as to the nature and extent of any defective, unsafe, dangerous or obstructed condition or the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk, or culvert within the Town of Esopus.
C.  The approximate date that such condition first became known to the person giving the notice.
D.  The exact location of such condition, giving wherever possible reference to a street address or
      addresses, utility pole numbers of such other geographic reference as will aid the town in properly locating such condition.

SECTION 3.

The town superintendent of highways shall transmit in writing to the town clerk within five days after the receipt thereof all written notices received pursuant to this local law and subdivision 2 of section 65-a of the town law.  The town clerk shall cause all written notices received pursuant to this local law and subdivision 2 of section 65-a of the Town Law, to be presented to the town board within five days of the receipt thereof or at the next succeeding town board meeting.

SECTION 4.

The town clerk shall keep a separate indexed record of all notices received pursuant to the Town Law, Section 65-a, Subdivision 4.

SECTION 5.

This local law shall supersede in its application to the Town of Esopus subdivision 1 and 3 of section 65-a of the Town Law.

SECTION 6.

This local law shall take effect immediately upon its filing in the office of the Secretary of State.

After the reading of Local Law #1 and Local Law #2 there was a question from Ira Weiner asking if the laws had been sent to our Attorney?  Town Clerk Diane McCord answered yes.

Robert Richter - Esopus: Bob Richter asked if the Town was covered by insurance for the Sleightsburgh Spit?  Supervisor Rice answered in the affirmative.

9.  EXECUTIVE SESSION TO DISCUSS APPOINTMENT OF AN ARCHITECT

Delayed until the end of the meeting.
 
10.  RESOLUTION AUTHORIZING THE PAYMENT OF BILLS RECEIVED SINCE
       DEC. 2003.

 PAYMENT OF BILLS RECEIVED SINCE DECEMBER 2003

GENERAL FUND  #041001-041055  $18,471.60
HIGHWAY FUND  #042001-042018      8,388.80
CAPITAL FUND
STREET LIGHTING #045001       3,595.25
PORT EWEN SEWER #043001-043007      1,989.42
PORT EWEN WATER #044001-044014      7,985.58

TOTAL.................................$40,430.65

Resolution offered by Councilman Michael Lange
Resolution seconded by Supervisor Ray Rice

Supervisor Ray Rice   Aye
Councilman Gloria VanVliet Aye
Councilman Wayne Freer  Aye
Councilman Michael Lange Aye
Councilman Ernie Germano Aye

Resolution duly adopted.

Councilman Michael Lange asked for a balance sheet each month of the amount left in each
account from January 2004 on.

11.  MOTION TO ACCEPT THE MINUTES OF THE DECEMBER BOARD MEETINGS

SUPERVISOR RAY RICE MADE A MOTION AND COUNCILMAN WAYNE FREER SECONDED THE MOTION TO APPROVE THE MINUTES SINCE THE DECEMBER 2003.  ALL TOWN BOARD MEMBERS VOTED IN FAVOR.  MOTION CARRIED.

Public Comment:

Ira Weiner - West Park - Ira Weiner asked if the Town Board could go into Executive Session to discuss an appointment?  Supervisor Ray Rice answered yes....he had checked into this today.
Ira Weiner was confused about the budget.  Supervisor Rice again explained that the Highway Fund Balance was used to offset the taxes and too much of the fund balance was used.
 
Marshall Courtney - Port Ewen: Former Councilman Mac Courtney stated when the budget was formalized, not this year but last year, more money was taken from the Highway Fund Balance to keep the taxes low.

Councilman Gloria VanVliet - remembered $200,000 being mentioned at one of our budget meetings.  Supervisor Rice answered yes, that was the fund balance.  Councilman VanVliet said you keep saying you do not know where the $200,000 figure came from.  Supervisor Rice resents the fact that someone says $200,000 was missing and that is what I take exception to.

Supervisor Rice - signed documents for the students attending this evening session prior to
to going into Executive Session.

9.   EXECUTIVE SESSION TO DISCUSS APPOINTMENT OF AN ARCHITECT

A MOTION TO ENTER INTO EXECUTIVE SESSION TO CHOOSE AN ARCHITECT FROM THE APPLICATIONS WAS MADE BY SUPERVISOR RAY RICE AND SECONDED BY COUNCILMAN WAYNE FREER AT 8:35 PM.  ALL TOWN BOARD MEMBERS VOTED IN FAVOR.  MOTION CARRIED.

A MOTION TO ADJOURN FROM EXECUTIVE SESSION WAS MADE BY SUPERVISOR RAY RICE AND SECONDED BY COUNCILMAN MICHAEL LANGE AT 8:55 PM.  ALL TOWN BOARD MEMBERS VOTED IN FAVOR.  MOTION CARRIED.

Supervisor Rice stated the Town Board discussed an architect to do some preliminary work on our Town Hall to determine our needs and the availability of four sites and come up with a cost estimate.  There were four architects discussed, all town residents, all wonderfully qualified, and the end result is Dennis Suraci was chosen.

A MOTION WAS MADE BY SUPERVISOR RAY RICE TO APPOINT DENNIS SURACI AS THE ARCHITECT TO DO THE PRELIMINARY WORK ON THE TOWN HALL.  COUNCILMAN WAYNE FREER SECONDED THE MOTION AND MENTIONED THIS WAS A DIFFICULT DECISION SINCE ALL FOUR CANDIDATES WERE WELL QUALIFIED AND ALL TOWN RESIDENTS.

Supervisor Ray Rice   Aye
Councilman Gloria VanVliet Aye
Councilman Wayne Freer  Aye
Councilman Michael Lange Aye
Councilman Ernie Germano Aye

Motion Carried.

Barbara Hill - Ulster Park - The public has no input on choosing an architect?  Supervisor Rice answered the four candidates were discussed but the actual appointment has to be made in an open meeting.  We were essentially comparing their capabilities.  We had requested a specific piece of work for them to do.  This is not the situation where you go to bid.  This is for professional services.  Councilman Germano mentioned this is for the architect to do this specific work not for an architect to specifically build the new Town Hall.  Supervisor Rice stated there is no guarantee this architect will be hired to do the Town Hall.  The actual choice of an architect may be discussed in Executive Session but will not be made in Executive Session.

Correspondence and Reports of Committees:

The correspondence for the month is available to the public for review as well as the Reports of Committees.  The following reports were received and are on file in the Town Clerk’s Office:

Town Clerk’s Report for December 2003
 Town Clerk’s Annual Report for 2003.
Environmental Board Minutes dated November and December 2003
Waterfront Advisory Minutes dated December 2003
Fire Inspection Report dated November and December 2003
Port Ewen Water and Sewer Report for December 2003
Highway Superintendent’s Report dated December 2003
Planning Board Minutes dated December 2003
Zoning Board of Appeals Minutes dated November and December 2003.
Assessor’s Report dated December 2003.

A MOTION WAS MADE AT 9:00 PM TO ADJOURNED BY SUPERVISOR RAY RICE AND SECONDED BY COUNCILMAN WAYNE FREER.  ALL TOWN BOARD MEMBERS VOTED IN FAVOR.  MOTION CARRIED.

Respectfully submitted,

Diane L. McCord
Town Clerk, RMC