TOWN BOARD MINUTES
 FEBRUARY 19, 2004

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, February 19, 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
Deputy Supervisor Marshall Courtney
Recording Secretary: Diane L. McCord
 Town Clerk, RMC

The meeting was called to order at 7:30 PM by Supervisor Rice.

PLEDGE TO THE FLAG

Announcements:

Prior Notice Law: There was no Public Hearing this evening on the proposed local laws.  There
is concern over the wording and the local laws are being reviewed by our attorney.

Grant for SELC:  Assembly Kevin Cahill notified the town of a $5,000 grant for the Save the Esopus Lighthouse Organization.

Public Comments:

Meeting on Feb. 23rdat Meagher School: Barbara Patrick informed the Board of a meeting at Meagher School to discuss demolishment of the existing school and the building of a three level school in its place.  The master plan will be discussed.

Meeting on Mar. 3rd and 17th at Crown St.: A public hearing will be held on Mar. 3 and Mar. 17 at the Cioni Center on Crown St. for the Kingston Consolidated Schools on the 75 million dollar renovations.

Mike Romano - New Salem Rd. - Callanan’s opens at 5 AM and it was Mike Romano’s impression that they were not allowed to open before 7 AM.  Supervisor Rice will call Callanan’s.

Ira Weiner - West Park: The Esopus Fire House will host a Pancake Breakfast on Sunday, Feb. 29th from 8-12 Noon.
 
Jonathan McMichael - Ulster Park: He understood the Town Board was entering into Executive Session to discuss the decreasing of someone’s taxes.  If you do this you increase everyone else’s taxes.  Supervisor Rice stated we were going into Executive Session to discuss litigation.

Barbara Hill - Ulster Park: When are the Christmas Lights being taken down from the light poles?  Supervisor Rice explained the decorations were put up by the Town of Esopus Businessmen’s Association.

A MOTION TO HAVE HIGHWAY SUPT. AL LARKIN REMOVE THE LIGHTS WHEN HE HAS A SPARE MAN AND A TRUCK WAS MADE BY SUPERVISOR RAY RICE AND SECONDED BY COUNCILMAN MICHAEL LANGE.  ALL TOWN BOARD MEMBERS VOTED IN FAVOR.  MOTION CARRIED.

Resolutions:

1.  RESOLUTION TO AUTHORIZE ATTENDANCE OF THE TOWN CLERK AT NYS         TOWN CLERKS ASSOCIATION 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 Town Clerks will hold their annual meeting in Saratoga Springs, April 18-21, 2004,

Therefore, Be it Resolved, that the Town Council authorizes the attendance of Town Clerk Diane McCord, the expenses to be paid from the Town Clerks budget.

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 adopted.

2.  RESOLUTION TO RESERVE FUNDS FOR A SEWER DEPT. CAPITAL       EQUIPMENT ACCOUNT.

Be it Resolved, by the Town Board of the Town of Esopus, in the county of Ulster, as follows:

Whereas, tje sewer jet utilized by the Sewer Dept. will need to be replaced and the expense of replacement would adversely impact the Sewer Dept. annual budget,

Whereas, the Sewer Board has recommended that a Capital Account be established to reserve funds for the purchase of a sewer jet machine,

Therefore, be it Resolved, that the Town Board authorizes the creation of a Sewer Dept. Capital Account and the transfer of $50,000.00 from the Sewer Dept. Fund Balance to the Sewer Dept. Capital Equipment Account.

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.

3.  DISCUSS DATE FOR SPECIAL MEETING TO REVIEW ARCHITECT              RECOMMENDATIONS FOR PROPOSED TOWN HALL

Architect Dennis Suraci has done a “Needs Assessment” with department heads at the Town Hall.  and has reviewed the four possible sights for a Town Hall and will make a presentation.  A Special Meeting of the Town Board will be held on Wednesday, Feb. 25th at 7:30 PM to meet with Dennis Suraci.

4.  RESOLUTION TO AUTHORIZE THE PURCHASE OF A SKID STEER LOADER             FOR THE HIGHWAY DEPT.

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

Whereas, the Town of Esopus Highway Dept. has a need to purchase a skid steer loader in order to avoid renting a machine during peak work periods,

Therefore, Be it Resolved, that the Town Board authorizes the Town Highway Superintendent to purchase, using the NYS Bid, a 2004 Bobcat skid steer loader for the sum of $17,331.00 from the Highway Fund Balance.

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

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 AUTHORIZE ADJUSTMENTS TO 2004 BUDGET

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

Whereas, adjustments to the 2004 budget are required in order to properly reflect changes in certain accounts,

Therefore, be it Resolved, that the Town Board authorizes the transfer of the following amounts from the indicated accounts and Fund Balances to the indicated active accounts.

From     Amt.  To:

A1990.4 Conting. ($439.38)        $374.38       A1010.4  Town Board
                                  65.00       A1920.4  Municipal Assoc. Dues
A599 Fund Bal. ($1,116.00)          313.00       A8163.4  St. Rev. Loan Annual Fee
            Landfill 2004
         803.00       H8163.2  St. Rev. Loan Annual Fee
Landfill 2002 & 2003
DA599 Fund Bal. ($6,650.13)      6,650.00       DA5130.2  Capital Equip. - Mower
   .13       DA9040.8            Workmen’s Compensation

Resolution offered by Supervisor 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.

Question concerning lawnmower purchase?  The mower purchased will be used to mow under guardrails.  When we closed the landfill we qualified for a loan and we were obligated to pay a maintenance fee for the loan.

6.  RESOLUTION AUTHORIZING THE PAYMENT OF BILLS RECEIVED SINCE               THE JANUARY BOARD MEETING
.
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  #041056-041124 $109,778.60
HIGHWAY FUND  #042019–042062     31,189.47
CAPITAL FUND
STREET LIGHTING #045002        3,991.88
PORT EWEN SEWER #043008-043019     12,399.56
PORT EWEN WATER #044015-044054     37,666.83

Total..........................$195,026.34

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.

7.  MOTION TO ACCEPT THE MINUTES OF THE JANUARY BOARD MEETINGS

Supervisor Rice made a Motion to approve the minutes of the January Board Meetings
and Councilman Ernie Germano seconded the Motion.  All Town Board Members voted in favor.  Motion Carried.

8.  EXECUTIVE SESSION TO INTERVIEW POTENTIAL EMPLOYEE

A Motion to enter into Executive Session at 7:50 PM to interview Michele Brown for the position of Assistant Dog Control Officer and to discuss the Richter Litigation was made by Supervisor Ray Rice and seconded by Councilman Wayne Freer.  All Town Board Members voted in favor.  Motion Carried.  Attorney Paul Kellar and Assessor Dan Terpening were invited into Executive Session for the Richter Litigation at 8:15 PM and
Attorney Andrew Zweben (Richter’s Attorney) was invited in at 8:55 PM.

A Motion to adjourn from Executive Session was made by Supervisor Ray Rice and seconded by Councilman Wayne Freer at 9:45 PM.  All Town Board Members voted in favor.  Motion Carried.

SPINNENWEBER PROPERTY - WATER TANK

A second water tank is necessary.  John Spinnenweber gave the Water District the property.  According to Attorney Paul Kellar there is a problem with the title to the property and he suggests finding an alternate site.  His opinion is there is no bank that will give a loan for a new water tank without clear title.  Filing an Article 15 could take years and there are no guarantees.  The Town will check with Supt. Don Kiernan on an alternate site   There was a consensus that Don Kiernan should attend the next Workshop Meeting to discuss our needs.  A cost estimate is needed to pipe water from the new tank to into the existing system.

Attorney Kellar will work on the existing cases including the Spinnenweber Property for a water tank, DeKoskie Property (resolved --only has to be finalized following the blacktopping), and the Richter Case.  The lawyers fee will be $175 per hour.  Normally, Kellar charges $200 per hour and when he was our attorney he charged only $130 per hour).

 There was discussion as to whether the town should opt out of the reval program, should a full reval be done in house or out of house?  It was suggested a decision should be made by May of this year.  Councilman Gloria VanVliet has copies of information concerning revals and she will provide that information to the Board.

Mortgage Tax Money: Mortgage tax money has been sent to the town and it was suggested the money be placed in a Capital Fund adding to the money placed there toward a new Town Hall.  Councilman Germano suggested we wait for there is no rush and we don’t know how the year will go.

Public Comment: None

Correspondence is available from January 2004.

Reports of Boards and Committees:

Town Clerks Monthly Report dated January 2004
Assessors Report dated January 2004.
Highway Dept. Report dated January 2004.
Planning Board Minutes dated January 2004
Zoning Board of Appeals Minutes dated January 2004
Port Ewen Water and Sewer Board Minutes dated January 2004
Environmental Board Minutes dated January 2004

A Motion to Adjourn was made by Councilman Wayne Freer at 10:20 PM seconded by Supervisor Ray Rice.  All Town Board Members voted in favor.  Motion Carried.
Respectfully submitted,

Diane L. McCord
Town Clerk, RMC