TOWN BOARD MEETING
 FEBRUARY 17, 2005

The regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, February 17, 2005 at 7:30 PM in 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

Recording Administrator: Diane L. McCord Town Clerk, RMC

Supervisor Rice called the meeting to order.

Pledge to the Flag

Announcements: A fund has been established for the two families who lost their homes due to fire, the Garcia Family and the Glenn Family.  Contributions can be made through the town or to Bank of America.

Public Comment: None

1.  Resolution of Commendation for Joseph Sills

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

Whereas, the Town of Esopus wishes to recognize the fifty years of volunteer fire service of Joseph E. Sills, Jr.

Whereas, Mr. Sills has not only volunteered his services to the St. Remy Volunteer Fire Department, he has additionally served the Ulster County Fire Community in many capacities,

Therefore, Be it Resolved, that the Town Board wishes to recognizes and commend Mr. Sills for his faithful service to our community.

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

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

Resolution duly adopted.

2.  Resolution in Support of Affordable Senior Housing

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

Whereas, the Birchez Group has proposed to build an affordable senior housing project in the Town of Esopus and is in the process of applying for funding.

Whereas, there is a demonstrable need for affordable senior housing in our Town,

Therefore, Be it Resolved, that the Town Board authorizes the Supervisor to draft a letter to the NYS Division of Housing and Community Renewal supporting the application of the Birchez group.

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

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

Resolution duly adopted.

3.  Resolution Establishing Planning Board Recreation Fee

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

Whereas, Local Law #7 of 1986 authorizes the Town Board, by resolution and majority vote, to set the fees or charges for any town service or services of any special district,

Whereas, Local Law #10 of 1985 authorizes the cash payment of $100 per dwelling unit as a recreation fee for subdivisions of property,

Whereas, Local Law #10 of 1985 authorizes the Town Board to change the recreation fee by resolution of the Town Board,

Therefore, Be it Resolved, that the Town Board establishes the recreation fee for subdivisions to be $1,000 per dwelling unit.  This fee becomes effective upon passage of this resolution.

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.

4.  Resolution Authorizing Attendance of Town Clerk at Seminars

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 Buffalo, April 17-21, 2005,

Whereas, a Freedom of Information Seminar will be held in Stockbridge, Mass., March 17-18, 2005,

Therefore, Be it Resolved, that the Town Board authorizes the attendance of Town Clerk Diane McCord and Deputy Clerk Nancy Henry, at the Buffalo Meeting, and Town Clerk Diane McCord at the Freedom of Information Seminar, the expenses to be paid from the Town Clerks budget.

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

5.  Resolution Accepting Carney Road Frontage

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

Whereas, the Planning Board has requested that a fifty foot strip of property along Carney Road be donated by the developers, Todd and Nancy Schroeter, for future road improvements,

Whereas, the Highway Superintendent has examined the property and is in agreement with the acquisition,

Therefore, Be it Resolved, that the Town Board authorizes the Supervisor to sign any documents required to accept the donation of the property.

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.

6.  Resolution Authorizing Storm Water Management Municipal Agreement

Supervisor Ray Rice explained there have been significant changes to the management of storm water drainage placing more requirements on the municipality by monitoring what goes into the system and what happens between here and the river.  Education has become the town’s responsibility requiring us to inform the public about keeping contaminant out of our storm water system.  It will be a very expensive process.  Through the Ulster County Environmental Management and with the help of Chairman Rick Fitschler, they have stepped up to the plate .  A $100,000 grant has been received to cover some of the costs that apply to all the municipalities.   As part of that we have a resolution indicating our support.

Whereas, the Town of Esopus herein called the “Municipality”, after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in the INTER-MUNICIPAL AGREEMENT REGARDING COOPERATION TO COMPLY WITH THE FEDERAL PHASE II STORM WATER REGULATION IN ULSTER COUNTY dated January 1, 2004 hereinafter called the “Project”, is desirable, is in the public interest, and is required in order to implement the Project; and,

Whereas, Article 5-G of the General Municipal Law authorizes such inter-municipal agreements and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith;

Now, Therefore, Be It Resolved by the Town of Esopus

1.  That Ray Rice, Town Supervisor or such persons successor in office, is the representative authorized to act in behalf of the Municipality’s governing body in all matters related to the “Project”.  The representative is also authorized to appoint a municipal representative to act as the municipality’s liaison to the “Project” submit “Project” documentation, and otherwise act for the Municipality’s governing body in all matters related to the “Project”.

2.  That the Municipality agrees that it will comply with the terms of the “Project” and that it will deliver its share of outputs as specified in a Cooperating MS4 Letter of Intent as signed by the municipality’s representative and herein attached.

3.  That one (1) certified copy of this Resolution be prepared and sent to the Ulster County Environmental Management Council/Water Quality Management Agency (EMC/WQMA) at P O Box 557 Stone Ridge, New York 12484.

4.  That this Resolution take effect immediately.

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.

CERTIFICATE OF RECORDING OFFICER

That the attached Resolution is a true and correct copy of the Resolution, as regularly adopted at a legally convened meeting of the Town of Esopus Town Board duly held on the 17th day of February, 2005; and further that such Resolution has been fully recorded in the 2005 Minute Book.
In witness thereof, I have hereunto set my hand this 17th of February 2005.

___________________________________
    Signature of Recording Officer/Town Clerk
 
7.  Resolution Authorizing the Payment of Bills Received Since the February 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  #051071-051143   $28,736.44
(gap in numbers includes Annual Appropriations which the computer numbered along with vouchers)

Highway Fund  #052038-052064   $24,293.16

Street Lighting  #056002    $ 4,339.85

Port Ewen Sewer  #053015-053025   $ 5,428.53

Port Ewen Water  #054029-054057   $21,030.48

Total...................................................................................................$83,828.46

Resolution offered 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.

8.  Executive Session to Discuss Senior Housing PILOT

Delayed until the end of the meeting.

9.  Motion to Accept the Minutes of the January Board Meetings

A Motion to accept the minutes of the January Town Board Meetings was made by Supervisor Ray Rice and seconded by Councilman Wayne Freer.  All Town Board Members voted in favor.  Motion Carried.
 
A Motion to enter into Executive Session to Negotiate a PILOT was made by Supervisor Ray Rice and Seconded by Councilman Michael Lange at 8:00 PM.  All Town Board Members voted in favor.  Motion Carried.

10.  Purchase of Spinnenweber Property for Town Hall

The Supervisor received the following letter from Attorney Pete Matera:

“Dear Ray:

I received your letter dated Feb.15, 2005 regarding the progress of the Spinnenweber property.    Although there has been considerable delay on completing this sale, it appears to be on the right track presently.   I received a message from Dan Heppner that they are ready to close and presently awaiting information from our title company.    I forwarded to the title company a copy of the order and commissions issued by Judge Bradley and the contracts of sale for review to determine whether they will require any further order to insure title.  Once they have reviewed same, assuming that they find the order and commission satisfactory, we should be able to complete the transaction.  Assuming there is no need for any further order we should be able to close in approximately three to four weeks.”

Based upon this letter Supervisor Rice conferred with Attorney Matera and there appears to be a mortgage on the property but he was sure they could get that cleared up.  Also, there was some question about ownership of the property...it is listed as Spinnenweber Construction and he had concerns as to whether Mr. Spinnenweber was the sole proprietor?  Councilman VanVliet asked which property was listed Spinnenweber Construction, was that the 21 acre parcel?  Supervisor Rice answered yes.

Attorney Matera also asked the Town Board to pay his expenses to go to the Association of Towns Meeting in New York City?  Councilman Germano was in favor because the reason they have these conferences is so that attorneys from all over the state can go down there and learn and get caught up on any new things and also form friendships with other attorneys so they can talk with each other and he thought it was a worthwhile investment.  Our attorney can pick up something new or forge a relationship with another attorney and we could save money in the long run.  Councilman Wayne Freer mentioned looking over our attorney fees for the past months and years....  attorneys could afford the expense since it is to their benefit to attend a seminar.  We would endorse him going but at his expense.  Supervisor Rice said for the past ten years this town has never paid for an attorney to go there.  Councilman Germano is a believer in continuing education and if our attorney cares enough to want to learn something, then given the fact this is his first year as our town attorney, he didn’t think we should turn him down.  Councilman Freer stated again he did not want to vote on something on the same night it is presented without having done research   Find out what the other towns are doing, find out what he will charge us per hour, will he charge us mileage?  There are questions that need to be answered.  Supervisor Rice stated this request was presented this afternoon.  Attorney Matera just informed me this afternoon there is a mortgage on this Spinnenweber property owned by Spinnenweber Construction and we have been involved in this transaction for eighteen months and the Supervisor was disappointed that this late in the game these issues exist.  Councilman Freer didn’t understand what one issue had to do with the other but as far as the issue of attending the conference, there should be no vote tonight.  Councilman VanVliet had a couple questions.  This is such a late date that this comes up and there is a $100 for registration fee and a $125 for a late registration.  She would not object to paying the registration fee at this late date but not the hotel and other expenses she would not be in favor.

Public Comment:

Deborah Silvestro - Port Ewen: She hoped the vote on naming the small park, where the Town Hall now stands, after Sojourner Truth will come up next month.  The Klyne Esopus Museum Board had a meeting last Saturday and  voted in favor of the whole project    There is an Aesthetic Sub Committee Meeting of the Concerned Citizens Advisory Board to be held on Wednesday Feb. 24th at 7:30 PM in the Town Hall.  Regarding money that will be available for a monument, Steve DeSalvo from Allstate Insurance would be willing to put in an application to his company for special funds that are available to neighborhood projects and it would also qualify under the minority section of that program.  As soon as I get a positive reaction from the Town Board as for the naming of the park she would be happy to form a committee for fund raising and grant seeking.  The are other monies that can be used to bring tourists into the town.  I appreciate your consideration.

Tom Reilly - Port Ewen:   Tom Reilly is a resident born and raised in the Town of Esopus.  He took issue with comments made when he approached Councilman Lange at the Port Ewen Fire House with concerns over on street parking in Port Ewen, Sleightsburgh and Connelly.  The streets are not wide enough  for emergency vehicles to get through.  After you plow snow several times there is not enough room on the sides of the streets.  Another problem we have are large trucks traveling on the side streets and they are destroying them.  You will have trouble with your sewer and water lines.  We should see if we could get alternate street parking in the winter months anyway.  Why can’t there be a law enacted in the Town of Esopus for public safety.  Supervisor Rice stated it is against the law to park on any of our streets in the winter months.  If there is a problem the Highway Dept. Supt. can issue tickets.  Councilman VanVliet was not aware of the stone haulers taking trucks through the side streets.  This is the first time we have been made aware of this problem according to Supervisor Rice.  Councilman Lange took exception to the questions being asked during a drill at the Fire Station.

8.  Executive Session to Discuss Senior Citizen PILOT

A Motion to enter into Executive Session to negotiate a PILOT (payment in lieu of taxes) of Senior Citizen Housing was made by Supervisor Ray Rice and seconded by Councilman Michael Lange.  Assessor Dan Terpening was invited into the Executive Session along with Steve Aaron, and Michael Bernholz.

All Town Board Members voted in favor.  Motion Carried.

A Motion to adjourn from Executive Session at 10:30 PM was made by Councilman Wayne Freer and seconded by Councilman Michael Lange.  All Town Board Members voted in favor.  Motion Carried.

Birchez at Esopus

 Resolution Authorizing
 Payment in Lieu of Taxes for
 The Birchez Senior Housing Project
 February 17, 2005

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

Whereas, the Town of Esopus desires to encourage a sufficient supply of adequate, safe, and affordable dwelling accommodations for senior citizens in the town of Esopus,

Whereas, Birchez Associates, LLC, has entered into a contract to acquire property in the town of Esopus of the purpose of constructing eighty units of affordable senior housing,

Whereas, to facilitate the provision of affordable housing for our seniors and to provide a feasible economic climate for the project, it is necessary to accept a payment in lieu of taxes,

Whereas, the final form and term of this payment in lieu of taxes agreement will be defined and voted upon prior to the start of construction, the PILOT agreement will contain the following specifics:

1) A payment of $31,136 or six percent of the gross rental income for the project, whichever amount is larger, will be paid, annually, on January 1, by Birchez Associates, LLC, or their successors, in lieu of payment for Esopus General, Esopus Highway, All Esopus Special District, Ulster County, and Kingston Consolidated School District taxes.

2) This PILOT will be in effect for thirty years or until the project ceases to be an affordable senior housing project, whichever term is less.

3) The Town of Esopus Volunteer Ambulance Service (TEVAS) will receive $5,000 annually from this PILOT as long as they continue to provide emergency services to town residents.

4) The Port Ewen Volunteer Fire Department will receive $5,000 annually from this PILOT as long as they continue to provide emergency services to the Port Ewen Fire District.

5) The distribution of the residual amount of the PILOT will be determined by Town Board resolution.

Therefore, Be it Resolved, that the Town Board wishes to enter into this PILOT agreement with Birchez Associates, LLC, and hereby authorizes the Town Supervisor to execute and deliver the agreement as described above.

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

A motion to adjourn the meeting was made by Councilman Wayne Freer and seconded by Supervisor Ray Rice at 10:35 PM.  All Town Board Members voted in favor.  Motion Carried.

Respectfully submitted,

Diane L. McCord
Town Clerk, RMC