TOWN BOARD MEETING
 MAY 20, 2004

7:15 PM A Public Hearing for Local Law No. 1 for 2004 was held 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 Ernest Germano

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

Local Law No. 1 - of the Year 2004 -A Local Law to repeal Local Law #9 of 1985 requiring prior notice of defective highways, bridges or culverts.  Town of Esopus Local Law #9 of 1985 is hereby repealed.

The Public Hearing was opened by Supervisor Ray Rice and seconded by Councilman Wayne Freer at 7:15 PM.   All Town Board Members voted in favor of opening the Public Hearing.

No Public Comment.

A motion was made to close the Public Hearing was made by Supervisor Ray Rice and seconded by Councilman Michael Lange at 7:17 PM.  All Town Board Members were in favor of closing the Public Hearing.  Motion Carried.

Daily Freeman Advertisement of Public Hearing dated Monday, May 3rd, 2004:

A Motion to open the Public Hearing by Supervisor Ray Rice and seconded by Councilman Wayne Freer at 7:20 PM .  All Town Board Members voted in favor.  Motion Carried.

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 action shall be maintained against the Town or Town Superintendent of Highways, no other employees or officers 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, prior to the occurrence resulting in such damages or injuries, written notice of the defective, unsafe, dangerous or obstructed condition of such highway, bridge, street, sidewalk, crosswalk 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 personal 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 or 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 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, whichever shall be sooner.

SECTION 4.

The Town Clerk shall keep an index, record, in a separate book, of all written notices which he or she shall receive the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice and snow upon, any town highway, bridge, street, sidewalk, crosswalk or culvert, which record shall state the date of receipt of the notice, the nature and location of the condition stated to exist and the name and address of the person from whom the notice was received.  The record of such notice shall be preserved for a period of five (5) years from the date it is received.

SECTION 5.

For the purposes of this law, the terms “highway”, “bridge”, “street,” “sidewalk,” “crosswalk,” and “culvert” shall include, but not be limited to, every grating, opening, drain, sewer, pier, dock, park, recreational facility, parking lot, path, step or stairway and any other means of access of every kind, nature and description whatsoever leading thereto or therefrom, which is owned, controlled and maintained by the Town of Esopus.

SECTION 6.

If any clause, provision or any part of this law shall for any reason be held invalid or unenforceable, such determination shall have no effect on the remaining clauses, provisions and parts of this law, which shall remain in full force and effect.

SECTION 7.

All laws, including Town Law Section 65-a, local laws, ordinances, resolutions, rules and regulations and parts thereof are hereby repealed and superceded to the extent to which they are inconsistent with the provisions of this local law.

SECTION 8.

This local law shall take effect immediately upon its filing in the Office of the Secretary of State.
 
A Motion to close the Public Hearing was made by Supervisor Ray Rice and seconded by Councilman Michael Lange at 7:21 PM.  All Town Board Members voted in favor.  Motion Carried.

Daily Freeman advertisement of Public Hearing dated Monday, May 3rd, 2004:

 TOWN BOARD MEETING
 MAY 20, 2004

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, May 20th 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 Secretary: Diane L. McCord, Town Clerk, RMC

Supervisor Rice opened the meeting with the Pledge to the Flag.
Announcements:

Availability of insect repellant from the Town Clerk’s Office
Memorial Day Parade, 10 AM, Monday May 31st
Flag Day Ceremony - Dennis Helm stated Flag Day Memorial will be held at the Robert Graves School on June 14th at 1:30 PM with the Robert Graves School Band opening the ceremony.  Flags needing to be destroyed can be left at Williams’ Fencing or the Country Gentlemen.

Public Comment:

Katherine Haber - New Salem Road: Ms. Haber is with the Stop The Eddyville Mine Group.  To mine Fly Mt. in the Town of Ulster would create dust, and increased truck traffic and is a horrible regional environmental problem.   The City of Kingston, Town of Rosendale, Town of New Paltz and the Ulster County Legislature have come out in opposition to opening the mine.  1,600 signature have been added in opposition.  This will affect our quality of life.  Trucking on Rt. 9W will increase.

Supervisor Rice received a number of letters from town residents in opposition and those concerns were passed on to Supervisor Wadnola in the Town of Ulster.  A memorializing resolution could be adopted, however, this is a Town of Ulster issue.  Councilman Freer stated this will be discussed at our next workshop meeting which will be held prior to the deadline.

Glen Dewitt - Riverview: In March Glen Dewitt attended the Town Board Meeting with regard to the J Road.  Several concerns were raised.  The possibility of placing speed bumps to prevent traffic from speeding down the road was suggested by Glen Dewitt.  Councilman Freer recommended increasing patrols in the area but by the time Sheriff comes the perpetrators have exited the property according to Mr. Dewitt.  Councilman Freer spoke to the Highway Supt.
 
Al Larkin regarding speed bumps and it is his opinion they would not solve the problem but would create a plowing concern in the winter and he is totally against speed bumps.
Glen Dewitt emphasized this is a “unique” problem.  There are motorcyclists riding without helmets.  This situation will only get worse......a child riding a bike....an elderly person walking.
This is an on going problem and nothing is being down about it.  Councilman Freer explained it is unfortunate but the way speed limits are issued thru New York State, we cannot change the 35 MPH limit.  Supervisor Rice strongly suggested the Ulster County Sheriff be called and that citizens ask for a “blotter entry” when they call.  If there are enough complaints ..... more action will be taken.  Councilman Freer would consider signs “No Parking on Grass” and “Children at
Play”.   Glen Dewitt will keep a record of Ulster County Sheriff patrols and get back to the Town Board.  He asked the Town Board Members to take a ride to the J. Road to see what is going on.

 RESOLUTIONS

1.  VOTE ON LOCAL LAW NO. 1 AND NO. 2 FOR 2004

A public hearing was held this evening on Local Law No. 1 and No. 2.  A vote was taken following the Town Board Meeting for the adoption of the laws.

Local Law No. 1 for the Year 2004 was offered for adoption by Supervisor Ray Rice and seconded by Councilman Wayne Freer.  All Town Board Members voted in favor.  Local Law No. 1 for the Year 2004 was duly adopted.

Local Law No. 2 for the Year 2004 was offered for adoption by Supervisor Ray Rice and seconded by Councilman Wayne Freer.  All Town Board Members voted in favor.  Local Law #1 for 2004 was duly adopted.

2.  RESOLUTION REQUESTING COMPTROLLER’S OFFICE EVALUATION OF THE       HIGHWAY DEPARTMENT

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

Whereas, the NYS Comptrollers Office has volunteered to perform an evaluation of any functional area of the Town Government,

Therefore, Be It Resolved, that the Town Board requests that the Comptrollers Office conduct a voluntary “Smart Audit” of the Town Highway Department.  It should be noted that by requesting this evaluation we are in no way questioning the management practices of the present or past highway administrations.

Resolution offered by Councilman Michael Lange and 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 adopted.

3.  RESOLUTION TO AUTHORIZE ADJUSTMENTS OF THE 2004 TOWN 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 Contingency $599.98  A5132.2 Copier Highway Dept.
A8540.4     827.65  A8540.1 Drainage
A 8560.4     412.36  A8560.1 Tree Trimming
DA599 Fund Balance   150.00          DA5110.2 Truck from W/S Dept.

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.

4.  RESOLUTION TO ACCEPT WATER DEPARTMENT CHEMICAL BIDS

 PROPANE
Whereas, the Port Ewen Water/Sewer District advertised and received bids for Propane to be supplied for a period of (1) year, beginning June 1, 2004 and ending May 31, 2005.

Whereas, bids were received and opened at the Office of the Town of Esopus Town Clerk, on May 18, 2004.

Whereas, the lowest bidder for Propane was Colonial Oil & Gas, P O Box 177, Saugerties, New York 12477, at a price of $0.935 per gallon.

Therefore, Be it Resolved, that the Town of Esopus Town Board award the bid to Colonial Oil & Gas.

Resolution offered by Councilman 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.

 CHEMICAL BIDS
Whereas, the Port Ewen Water/Sewer District advertised and received bids for Chlorine to be supplied for a period of (1) year, beginning June 1, 2004 and ending May 31, 2005.

Whereas, bids were received and opened at the Office of the Town of Esopus Town Clerk, on May 18, 2004.

Whereas, the lowest bidder for Chlorine was DUSO Chemical Co., Inc. 173 Smith St., Poughkeepsie, New York 12601, at a price of $.484 per pound ($72.60 per 150 # cylinder).

Therefore, Be it Resolved, that the Town of Esopus Town Board award the bid to DUSO Chemical Co., Inc.

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.

 LIME
Whereas, the Port Ewen Water/Sewer District advertised and received bids for Lime to be supplied for a period of (1) one year, beginning June 1, 2004 and ending May 31, 2005.

Whereas, bids were received and opened at the Office of the Town of Esopus Town Clerk,  on May 18, 2004.

Whereas, the lowest bidder for Lime was DUSO Chemical Co., Inc., 173 Smith St., Poughkeepsie, New York 12601, at a price of $6.125 per 50 pound bag.

Therefore, Be it Resolved, that the Town of Esopus Town Board award the bid to DUSO Chemical Co., Inc.

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.

 ALUM
Whereas, the Port Ewen Water/Sewer District advertised and received bids for Alum to be supplied for a period of (1) one year, beginning June 1, 2004 and ending May 31, 2005.

Whereas, bids were received and opened at the Office of the Town of Esopus Town Clerk, on May 18, 2004.

Whereas, the lowest bidder for Alum was Holland Co., Inc., Howland Avenue, Adams Ma.
01220, at a price of $223.77 per dry ton for 3,000 gallon loads.

Therefore, Be it Resolved, that the Town of Esopus Town Board award the bid to Holland Company, Inc.

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 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 #041287-041351  $29,804.03 804,506.35
Highway Fund #042130-042159    11,194.66 807,799.39
Capital Fund
Street Lighting #046005       3,611.00  26,555.19
Port Ewen Sewer #043049    132,700.43    321,570.44
  Port Ewen Water #044114-044145     29,972.88    259,831.74

Total.......................................$207,283.00

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.  MOTION TO ACCEPT THE MINUTES OF THE APRIL TOWN BOARD MEETINGS

A Motion to accept the Minutes of the April Town Board Meetings was made by Supervisor Ray Rice and seconded by Councilman Gloria VanVliet.  All Town Board Members voted in favor.  Motion carried.

Public Comment:

Susan Boice Wick - St. Remy: Susan Wick asked the Town Board to stop paying rent for an office for the Town Historian at the Klyne Esopus Museum.  Supervisor Rice disagreed stating the Town pays a stipend to Klyne Esopus yearly of $2,500 and this is not for rent.  Supervisor Rice asked why the Town Historian Florence Prehn never expresses a complaint about office space and never appears before the Town Board?  The Town pays $2,500 yearly to support the Klyne Esopus Museum.

Patty Kowatch - Avon Park, Port Ewen: Patty Kowatch asked for an update on the new Town Hall.  Supervisor Rice answered at this point in time we have no contract with the Spinnenwebers’.  The Town still has the offer of the DOT property in Sleightsburgh.

Councilman Germano suggested residents sign on the Internet to www.esopus.com to review minutes of monthly meetings as well as other information that is available.

Glen Dewitt - Riverview Port Ewen: Glen Dewitt asked about the procedure of Town Board with regard to getting back to people who comment and the answer “you will look into it”?  There is no procedure in place, however, the Town Board will get back to the residents with regard to their questions Councilman Freer commented and further stated  if he is contacted personally he will call the person directly, otherwise the Town Board will address the issue.  Glen Dewitt asked if the Town Board should have a procedure in place or are you saying this is our responsibility .to come back to the Town Board?  Councilman Germano believes someone from the Town Board should have gotten back to Glen Dewitt.  Glen Dewitt said his question is what happens in terms of follow up?   Councilman Freer mentioned this would be discussed at the next Workshop Meeting.  Councilman Germano said at the next Workshop Meeting a procedure will be discussed.

John Haight - Port Ewen: John Haight asked how many accidents occurred on the J Road?
The answer was none.  This road is owned by the Town and was taken over by the Town Board not the Highway Dept. since they had a problem adding the road to their Highway Inventory.

CORRESPONDENCE FOR MAY AND REPORTS OF BOARDS AND COMMITTEES:

May correspondence is available and is on file in the Town Clerk’s Office.
The following reports of Boards and Committees has been received and is on file in the Town Clerk’s Office:

Town Clerk Monthly Report for April 2004.
Highway Superintendent’s Report for May 2004
Dog Control Report for April 2004.
Assessor’s Monthly Report dated May 6, 2004
Building Dept. corrected report for March 2004
Building Dept. Report dated April 2004
Port Ewen Water/Sewer District Monthly Report dated April 2004
Planning Board Minutes dated April 22, 2004
Port Ewen Water and Sewer District Minutes dated April 13, 2004
Environmental Board Minutes dated May 18, 2004
Zoning Board of Appeals Minutes dated April 20, 2004
Waterfront Advisory Board Minutes dated April 27, 2004
Waterfront Advisory Board Minutes dated March 23, 2004
Planning Board Workshop Meeting Minutes dated April 14, 2004

A MOTION TO ADJOURN WAS MADE BY SUPERVISOR RAY RICE AND SECONDED BY COUNCILMAN MICHAEL LANGE.  ALL TOWN BOARD MEMBERS VOTED IN FAVOR.  MOTION CARRIED.

Respectfully submitted,

Diane L. McCord
Town Clerk, RMC