TOWN BOARD MINUTES
    MARCH 20, 2003

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, March 20, 2003 at the Port Ewen Town Hall with the following persons present:

Supervisor Ray Rice
Councilman Marshall Courtney
Councilman Gloria VanVliet
Councilman Wayne Freer
Councilman Peter Beisel

Recording Secretary: Diane L. McCord, Town Clerk, RMC

Supervisor Rice called the meeting to order at 7:30 PM.  The meeting was opened with the
Pledge to the Flag.

Announcements:

Dogs are still available at the Town of Esopus Kennel with the town covering the cost of spaying or neutering and for rabies vaccinations.

Public Comments: None

1.  RESOLUTION SUPPORTING CHANGES TO THE PROCESS WHEREBY  HUNTING AND FISHING LICENSES ARE ISSUED

The Ulster County Town Clerks and Tax Collectors Association encourages each town in Ulster County to adopt a resolution.  The DECALS Program has been a nightmare for Town Clerks throughout New York State.  There have been numerous problems including the following:

1.  The equipment was not installed on time and the hunters were very upset..

2.  The licenses could not be issued because so many people were on line trying to get into the DECAL system.

3.  The promise of splitting an existing telephone line was impossible and New York State DEC  is unwilling to pay the monthly cost of the telephone line.

4.  A special account had to be set up at a local bank to provide DEC with on line access to the
     Town Clerks account so that funds could be transferred readily.  Said transfers have not been
     accomplished on time and the wrong amounts have been transferred.  The bookkeeping is
     complex.

5.  Gaining access to the DECAL program remains a problem to this day.

6.   Our profits are no longer available, in fact we are definitely losing money.  From January to date the Town’s portion of license fees has amounted to $8.56.  The cost of the line to access the internet for the same three month period was $ 75.00.

    RESOLUTION

WHEREAS,  the issuance of hunting and fishing licenses/stamps by local governments is a valuable and necessary service to the state; and

WHEREAS, Town Clerks must be aware of and carefully follow the mandates of the Environmental Conservation Law and the New York State Dept. of Environmental Conservation in connection with the issuance of licenses and/or stamps; and

WHEREAS, Towns face considerable liability for any failure to properly issue and record such licenses, for failure to properly file the required reports, and for failure to comply with all other requirements of the new legislation; and

WHEREAS, Towns must maintain a separate telephone line, equipment and space as a condition of participation in the DECALS Program; and

WHEREAS, the state only pays for the installation of such required additional telephone line, but not for the added monthly cost of maintaining such line; and

WHEREAS, Towns participating in the DECALS Program must now also issue Deer Management Permits, for which no percentage or fee is returned to the Town at all; and

WHEREAS, Towns currently receive no more than 5.5% of the fee for issuance of resident licenses and 1.1% for issuing non-resident licenses in compliance with the law and all procedural requirements; and

NOW, THEREFORE, BE IT RESOLVED, that the New York Town Clerk Association, representing 932 towns of the State, pause in its deliberations at its December 1, 2002, Regional Meeting to urge in a unified voice that the Legislature of the State of New York pass, and the Governor sign into law, legislation to increase compensation to local governments representing the state with those citizens purchasing licenses under the DECALS Program by:

1.  Increasing the percentage retained for license issuance from 5.5% to 15% (for
     resident licenses) and from1.1% to 3.0% (for non-resident licenses), such
                 increase to help defer the cost of the monthly telephone line service charge
     incurred by the Towns.

2.  Paying a percentage on combination licensees and permit issued.
 
3.  Paying $1.00 to the municipality for each deer management permit issued for
     free by the Towns.

4.  Establishing 1 10% commission reimbursement to the Towns to cover the loss
     of revenue directly resulting from the DECALS issuance of sporting licenses
     to town residents.

5.  Establishing an ombudsman and information agency or office within NYS
     Department of Environmental Conservation as a resource for residents to go
     to with questions or problems relating to DECALS issued licenses; and

BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to the Governor, the Attorney General, the Temporary President of the Senate, the Speaker of the Assembly, the Majority Leader of the Assembly, the Minority Leader of the Senate, the Minority Leader of the Assembly, and the Chairpersons and members of the Senate and Assembly Environmental Conservation Committees.

Supervisor Ray Rice                Aye
Councilman Marshall Courtney        Aye
Councilman Gloria VanVliet        Aye
Councilman Wayne Freer            Aye
Councilman Peter Beisel            Aye

Resolution duly adopted.

2.  RESOLUTION TO ADOPTED LOCAL LAW #1 OF 2003, REPEALING THE
     EXISTING SUBDIVISION REGULATIONS (On file in Town Clerk’s Office along
     with Public Hearing Notice)

A MOTION WAS MADE BY SUPERVISOR RAY RICE AND SECONDED BY COUNCILMAN MARSHALL COURTNEY TO ADOPT LOCAL LAW #1 FOR 2003

THAT THE PRESENT CHAPTER 107 OF THE TOWN CODE ENTITLED
“SUBDIVISION OF LAND” IS HEREBY REPEALED, SUBJECT TO THE
TOWN BOARD’S APPROVAL OF A LOCAL LAW ENACTING A NEW
CHAPTER 107 REGARDING SUBDIVISION OF LANDS IN THE TOWN
OF ESOPUS.

A PUBLIC HEARING WAS HELD ON JANUARY 11, 2003.

Supervisor Ray Rice                Aye
Councilman Marshall Courtney        Aye
Councilman Gloria VanVliet        Aye
Councilman Wayne Freer            No
Councilman Peter Beisel            Aye

Resolution duly adopted.

3.  RESOLUTION TO ADOPT LOCAL LAW #2 OF 2003, ADOPTING NEW                     SUBDIVISION REGULATIONS (On file in the Town Clerk’s Office along with
     Public Hearing Notice.)

A MOTION TO VOTE ON LOCAL LAW #2 FOR 2003 A COMPREHENSIVE REVISION OF THE SUBDIVISION REGULATIONS CHAPTER 107 OF THE TOWN CODE OF THE TOWN OF ESOPUS, NEW YORK WAS MADE BY SUPERVISOR RAY RICE AND SECONDED BY COUNCILMAN PETER BEISEL.
A Public Hearing was held on December 2, 2002.

Supervisor Ray Rice                Aye
Councilman Marshall Courtney        Aye
Councilman Gloria VanVliet        Aye
Councilman Wayne Freer            No
Councilman Peter Beisel            Aye

Resolution duly adopted.

4.  RESOLUTION TO AUTHORIZE THE PAYMENT OF VOUCHERS RECEIVED                SINCE THE FEBRUARY 19TH TOWN 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        #117-177        $96,047.37
CAPITAL FUND        #    6- 12            3,593.00
HIGHWAY FUND        #   58-77          14,563.33
STREET LIGHTING    #          3            3.538.43
PORT EWEN SEWER    #   27-36            9,798.48
PORT EWEN WATER    #   63-95          24,627.72
 
TOTAL......................................................................$152,274.33

RESOLUTION OFFERED BY COUNCILMAN PETER BEISEL
RESOLUTION SECONDED BY COUNCILMAN WAYNE FREER

Supervisor Ray Rice                Aye
Councilman Marshall Courtney        Aye
Councilman Gloria VanVliet        Aye
Councilman Wayne Freer            Aye
Councilman Peter Beisel            Aye

Resolution duly adopted.

5.  MOTION TO ACCEPT THE MINUTES OF THE FEBRUARY 2003 TOWN BOARD         MINUTES

A Motion to approve the minutes of the February 2003 Town Board Meetings was made by Supervisor Ray Rice and seconded by Councilman Marshall Courtney.  All Town Board Members voted in favor.  Motion Carried.

Public Comment: None

Supervisor Rice stated no matter if you are for or against the War in Iraq, we should remember the men and women sent over there in our prayers.

Correspondence and Reports of Committees are available for review in the Town Clerks’ Office.  The following reports have been received:

Town Clerks Monthly Report dated February 2003
Town of Esopus Rt. 9W Advisory Committee
Zoning Board of Appeals Minutes dated January 21, 2003
Highway Supt. Report dated January 2003
Highway Supt. Report dated February 2003
Planning Board Minutes dated January 23, 2003
Port Ewen Water/Sewer District Monthly Report dated January 2003
Port Ewen Water/Sewer District Monthly Report and Minutes dated March 11, 2003
Port Ewen Water District Annual Drinking Water Quality Report for 2002
Port Ewen Water/Sewer District Adjustment Report 2003
Ulster County Planning Board 2002 Annual Report
Planning Board Minutes dated Feb. 27, 2003
Town of Esopus Tax Collector’s Monthly Statement for February 2003

A MOTION TO ADJOURN THE MEETING WAS MADE BY SUPERVISOR RAY RICE AT 7:40 PM AND SECONDED BY COUNCILMAN MARSHALL COURTNEY.

Respectfully submitted,

Diane L. McCord
Town Clerk, RMC