TOWN
BOARD MEETING
MAY
17, 2001
The Town of Esopus Town Board
held their monthly meeting at the Town Hall on Broadway in Port Ewen on May 17,
2001 at 7:30 PM with the following persons in attendance:
Supervisor
Ray Rice
Councilman
Marshall Courtney
Councilman
John Loughlin
Councilman
Peter Beisel
Councilman
Gloria VanVliet
Highway
Supt. Art Cross
Supervisor Rice made the
following announcements:
1. Frank Ruffini is an Eagle Scout and as such his project has been
the restoration of the Old Rock School located on Old Post Road on the Anna
Devine School property. Frank has
scraped and repainted the building.
2. Rabies Clinic to be held between 6-7 PM on June 1 at the Esopus
Town Garage.
A fee of $5 per animal will be charged.
3. Great River
Sweep Supporters. On April 28 the Great
River Sweep was held with 100 volunteers.
A portion of Sleightsburgh Park was cleaned which had never before been
done. There was 60 yards of trash
including tires and even a refrigerator.
Supervisor Rice thanked the volunteers for their efforts as well as
Waste Management of the Hudson Valley, Ulster County Resource Recovery Agency,
Mario’s Pizza and VanLoan’s Discount Beverage.
4. Availability of Insect Repellant from the Town Clerk’s Office.
PUBLIC COMMENT: There was no
public comment at this time.
1. RESOLUTION AUTHORIZING THE RENEWAL OF A BOND
ANTICIPATION NOTE FOR THE CONNELLY PUMP STATION
BOND ANTICIPATION NOTE
RESOLUTION DATED 17TH DAY OF MAY, 2001, AUTHORIZING THE ISSUANCE OF
A BOND ANTICIPATION NOTE IN THE AMOUNT OF $35,000 IN ANTICIPATION OF THE SALE
OF SERIAL BONDS AUTHORIZED TO FINANCE PART OF THE COST OF THE INCREASE AND
IMPROVEMENT OF THE FACILITIES OF THE PORT EWEN SEWER DISTRICT.
BE IT RESOLVED, by the Town Board of the Town of Esopus, in the
County of Ulster, as follows:
WHEREAS, the Town Board of the Town of Esopus, at a meeting
held on April 24, 1997 authorized the issuance of a $175,000 Serial Bond
authorized by the Bond Resolution dated April 24, 1997, adopted by the Town
Board on April 24, 1997
WHEREAS, the specific purpose (hereinafter referred to as the
“purpose”) to be financed pursuant to the aforementioned Resolution is to
finance part of the cost of the increase and improvement of the facilities of
the Port Ewen Sewer District and
WHEREAS, a Bond Anticipation Note was issued on May 19, 2000
for $70,000 to Fleet National Bank, which said Bond Anticipation Note was due and
payable on May 18, 2001.
Now, THEREFORE, BE IT
RESOLVED, by the Town Board a follows:
Section 1: The Town Board of
the Town of Esopus duly authorizes the renewal of said Bond Anticipation Note
in the principal amount of $35,000.
Said Bond Anticipation Note as renewed shall be due and payable on May
17, 2002 in said principal amount, together with accrued interest thereon.
Section
2: The specific object or purpose to be financed pursuant to this Resolution is
to finance part of the cost of the increase and improvement of the facilities
of the Port Ewen Water District.
Section 3: As required by
said Local Finance Law, it is hereby stated that (a) there is now outstanding a
Bond Anticipation Note issued on May 18, 2000, and (b) the Note authorized by
this Resolution is a renewal Note, and (c) the Note authorized by this Resolution
shall mature within one (1) year from the date of its issue; and (d) such Note
is issued in anticipation of bonds that will not be an assessable improvement.
Section 4: Said Note shall be
in substantially the same form and contain the same terms and conditions as in
the original Bond Anticipation Note, maturing on May 18, 2001 except that the
principal amount thereof shall be $35,000, and the interest rate shall be
determined by the Town Supervisor.
RESOLUTION OFFERED BY
COUNCILMAN JOHN LOUGHLIN
RESOLUTION SECONDED BY
SUPERVISOR RAY RICE
Supervisor Ray Rice Aye
Councilman Marshall Courtney Aye
Councilman John Loughlin Aye
Councilman Peter Beisel Aye
Councilman Gloria VanVliet Aye
RESOLUTION DULY ADOPTED.
2. RESOLUTION AUTHORIZING SETTLEMENT OF THE
WEITZE
TAX LAWSUIT
BE IT RESOLVED, by the Town Board of the Town of Esopus, in the County
of Ulster, as follows:
WHEREAS, Peter and Kathy Weitze have brought tax certiorari
proceedings against the Town,
WHEREAS, the lawyers for both parties have suggested a
compromise wherein the assessed value of the Weitze property would be set at
$260,000.00 for the tax years of 1997, 1998, and 2000.
WHEREAS, the Town of Esopus Town Board believes that this
settlement is in the best interests of the Town,
THEREFORE, BE IT RESOLVED,
that the Town Board authorizes the
Supervisor and Kellar and Kellar to accept the negotiated assessment.
Resolution offered by
Councilman Marshall Courtney
Resolution seconded by
Councilman Peter Beisel
SUPERVISOR RAY RICE AYE
COUNCILMAN MARSHALL COURTNEY AYE
COUNCILMAN PETER BEISEL AYE
COUNCILMAN JOHN LOUGHLIN AYE
COUNCILMAN GLORIA VANVLIET AYE
RESOLUTION DULY ADOPTED.
3. RESOLUTION AUTHORIZING ADJUSTMENTS TO
CAPITAL ACCOUNTS
BE IT RESOLVED, by the Town Board of the Town of Esopus, in the County
of Ulster, as follows:
WHEREAS, adjustments are required to certain Capital Accounts
to properly reflect their current status,
THEREFORE, BE IT RESOLVED,
that the Town Boad authorizes the
transfer of the following amounts from the indicated accounts and Fund Balances
to the indicated active accounts.
From: the Reassessment
Capital Project (1356.2), $16,429.57 to the General Fund Balance (A599)
From: the Gen4eral Fund
Balance (A599), $9,892.09 to the Landfill Closure Capital Project Account
(8163.2)
Resolution offered by
Councilman Peter Beisel
Resolution seconded by
Councilman John Loughlin
SUPERVISOR RAY RICE AYE
COUNCILMAN MARSHALL COURTNEY AYE
COUNCILMAN JOHN LOUGHLIN AYE
COUNCILMAN PETER BEISEL AYE
COUNCILMAN GLORIA VANVLIET AYE
Resolution duly adopted.
4. RESOLUTION TO ACCEPT LOW BIDS FOR PORT EWEN
WATER DEPARTMENT CHEMICALS
WHEREAS, the Port Ewen Water/Sewer District advertised and
received bids for propane gas to be supplied for a period of one (1) year,
beginning June 1, 2001 and
ending May 31, 2002.
WHEREAS, bids were received and opened at the office of the
Town of Esopus, Town Clerk on May 17, 2001.
WHEREAS, the lowest bidder fro propane gas was KOSCO Box 760
Port Ewen at a price of $.79 per gallon.
THEREFORE, be it resolved that the Town of Esopus Town Board
award the bid to KOSCO.
Resolution offered by
Supervisor Ray Rice
Resolution seconded by
Councilman John Loughlin
SUPERVISOR RAY RICE AYE
COUNCILMAN
MARSHALL COURTNEY AYE
COUNCILMAN JOHN LOUGHLIN AYE
COUNCILMAN PETER BEISEL AYE
COUNCILMAN GLORIA VANVLIET AYE
Resolution duly adopted.
WHEREAS, the Port Ewen Water/Sewer District advertised and
received bids for Alum to be supplied for a period of one (1) year, beginning
June 1, 2001 and ending May 31, 2002.
WHEREAS, bids were received and opened at the office of the
Town of Esopus, Town Clerk on May 17, 2001.
WHEREAS, the lowest bidder for Alum was Holland Co., Inc. Howland Avenue Adams, Ma. 01220 at a price of $203.77 per ton in 3000
gallon loads.
THEREFORE, be it resolved that the Town of Esopus Town Board
award the bid to Holland Co.
Resolution offered by
Supervisor Ray Rice
Resolution seconded by
Councilman Gloria VanVliet
SUPERVISOR RAY RICE AYE
COUNCILMAN MARSHALL COURTNEY AYE
COUNCILMAN JOHN LOUGHLIN AYE
COUNCILMAN PETER BEISEL AYE
COUNCILMAN GLORIA VANVLIET AYE
Resolution duly adopted.
WHEREAS, the Port Ewen Water/Sewer District advertised and
received bids for Chlorine to be supplied for a period of one (1) year,
beginning June 1, 2001 and ending May 31, 2002.
WHEREAS, bids were received and opened at the office of the
Town of Esopus, Town Clerk on May 17, 2001.
WHEREAS, the lowest bidder for Chlorine was Jones Chemicals P O
Box 280 Warwick, New York 10990 at a
price of $58.50 per 150 lb. cyl.
THEREFORE, be it resolved that the Town of Esopus Town Board
award the bid to Jones Chemicals.
7
Resolution offered by
Supervisor Ray Rice
Resolution seconded by
Councilman John Loughlin
SUPERVISOR RAY RICE AYE
COUNCILMAN MARSHALL COURTNEY AYE
COUNCILMAN JOHN LOUGHLIN AYE
COUNCILMAN PETER BEISEL AYE
COUNCILMAN GLORIA VANVLIET AYE
Resolution duly adopted.
WHEREAS, the Port Ewen Water/Sewer District advertised and
received bids for Lime to be supplied for a period of one (1) year, beginning
June 1, 2001 and ending May 31, 2002.
WHEREAS, bids were received and opened at the office of the
Town of Esopus, Town Clerk on May 17, 2001.
WHEREAS, the lowest bidder for Lime was Jones Chemicals P O Box
280 Warwick, New York 10990 at a price of $4.70 per 50 lb. bag.
THEREFORE, be it resolved that the Town of Esopus Town Board
award the bid to Jones Chemicals.
Resolution offered by
Supervisor Ray Rice
Resolution seconded
Councilman Marshall Courtney
SUPERVISOR RAY RICE AYE
COUNCILMAN MARSHALL COURTNEY AYE
COUNCILMAN JOHN LOUGHLIN AYE
COUNCILMAN PETER BEISEL AYE
COUNCILMAN GLORIA VANVLIET AYE
Resolution duly adopted.
5. RESOLUTION TO APPOINT LAURA PETIT TO
RECREATION BOARD
A RESOLUTION TO APPOINT
LAURA PETIT TO THE RECREATION BOARD WAS MADE BY SUPERVISOR RAY RICE AND
SECONDED BY COUNCILMAN JOHN LOUGHLIN.
SUPERVISOR RAY RICE AYE
COUNCILMAN MARSHALL COURTNEY AYE
COUNCILMAN JOHN LOUGHLIN AYE
COUNCILMAN PETER BEISEL AYE
COUNCILMAN GLORIA VANVLIET AYE
Resolution duly adopted.
6. RESOLUTION AUTHORIZING THE PAYMENT OF BILLS
RECEIVED SINCE THE APRIL 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 #219-283 $42,675.78
HIGHWAY FUND #
87- 106 8,094.51
STREET LIGHTING #5 3,508.22
PORT EWEN SEWER #
60- 77 96,411.49
PORT EWEN WATER #108-138
20,910.92
TOTAL.....................................................................................$171,600.91
Resolution offered by
Supervisor Ray Rice
Resolution seconded by
Councilman Peter Beisel
SUPERVISOR RAY RICE AYE
COUNCILMAN MARSHALL COURTNEY AYE
COUNCILMAN JOHN LOUGHLIN AYE
COUNCILMAN PETER BEISEL AYE
COUNCILMAN GLORIA VANVLIET AYE
Resolution duly adopted.
7. MOTION ACCEPTING THE MINUTES OF THE APRIL
BOARD MEETING
A MOTION WAS MADE BY
SUPERVISOR RAY RICE AND SECONDED BY COUNCILMAN PETER BEISEL TO APPROVE THE
MINUTES SINCE THE APRIL TOWN BOARD MEETING.
ALL TOWN BOARD MEMBERS VOTED IN FAVOR.
MOTION CARRIED.
8. AVAILABILITY OF CORRESPONDENCE AND REPORTS
OF THE FOLLOWING COMMITTEES:
Supervisors Monthly Report
dated April 2001
Town Clerks Monthly Report
dated April 2001
Zoning Board of Appeals
Meeting dated April 17th
Building Dept. Month1y Report
dated April 2001
Port Ewen Water & Sewer
Board Minutes dated May 8, 2001
Tax Collectors’ Monthly
Report dated April 2001
Port Ewen Water & Sewer
Monthly Report dated April 2001
Planning Board Minutes dated
April 26, 2001
PUBLIC COMMENT:
DENNIS HELM - CONNELLY: Dennis Helm asked what the original assessment was for
the Weitze property and what was the
cost to the taxpayers in Esopus for the litigation? What was the fee to Kellar & Kellar and what was the payment
to the Weitze family? Supervisor Rice
said he was not aware of any payment to the Weitze family. The legal costs to the Town would take some
time to calculate. This has been going
on since 1997. The Town felt at the
time the property was worth $267,000 and the Weitze’s claimed the property was
only worth $140,000. This has been
contested through the Assessor, going through Grievance Day, and through the
courts. It has taken four years to get
here. The settlement was for
$260,000. Councilman Courtney stated it
is hard to attribute the total legal expenses just to the Weitze’s because
initially a large number of people contested their assessments. Mr. Helm asked if it was not in everybody’s
best interest to settle this sooner?
Supervisor believed it would be in everyone’s best interest to settle,
however, sometimes it is in everyone’s best interest to go to court.
Ira Weiner - West Park: There is one question Ira Weiner wanted to ask both
the Town Board and the Town Clerk and it concerned the Library Election. The Library Election is held to elect two
Trustees and to vote on the budget. The
Library Election hours are from 4 PM until 8 PM and Ira Weiner is concerned
with the limited hours which he believes completely discriminates against those
people working the second shift. The
question he presented is there are many citizens that would sign a petition to
expand the hours of the Library Election and to move the vote to the Town Hall
and Ira Weiner would like the opinion of the Town Board. Would it be okay with the Town Board and the
Town Clerk to having the election at the Town Hall? Councilman Courtney stated he did not know if there were legal
impediments to this. State law dictates
how these special district elections are held. He was not sure if it were
legally possible to change the place of the election. Personally Councilman Courtney would have no objection. The Town Clerk assured there would be
absentee ballots available. Supervisor
Rice stated the Town Hall building is a public building and if the Library
chose to have the voting here there would be no objections. The Town Clerk explained voting on the machines would not be a
problem for her, however, it may be a problem for the Library to have the
ballots drawn up to place on the machine within the present time when the
election was June 5th.
Everyone who would like to vote certainly should be able to vote and
absentee ballots are available. Ira
Weiner asked if paper ballots were being used and the Town Clerk said yes. He would like voting to be on the
machines. The Town Clerk was positive a
Democrat and a Republican would be at the election as poll clerks and she would
attend to make sure the election was done properly.
MEMORIAL DAY PARADE
The Memorial Day Parade will
be held at 10 AM on Monday, May 28th beginning at the former IGA
market and proceeding to the Riverview Cemetery for a service and returning to
the point of origin.
FLAGS
Ira Weiner thanked the Town
Board on behalf of Legion Post 1298 for helping to defray the cost of the flags
to be given out on Memorial Day.
A MOTION TO ADJOURN WAS
MADE BY SUPERVISOR RICE AT 8 PM AND SECONDED BY COUNCILMAN PETER BEISEL. ALL TOWN BOARD MEMBERS VOTED IN FAVOR. MOTION CARRIED.
Respectfully
submitted,
Diane
L. McCord
Town
Clerk, RMC