TOWN BOARD MEETING
 AUGUST 18, 2005

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, August 18, 2005 at the Town Hall on Broadway in Port Ewen, New York at 7:30 PM with the following persons in attendance:

Supervisor Ray Rice
Councilman Gloria VanVliet
Councilman Wayne Freer
Councilman Michael Lange
Councilman Ernie Germano

Administrative Recorder: Diane L. McCord
         Town Clerk, CMC, RMC

Guests: Ira Weiner, Rep. Chairman
              Vince Fisher, Dem. Chairman
  Tim Allred
  Virginia Robinson
              Kathleen VanTassell
  Pat Chapman, Esopus Senior Citizen President         Gary Swinger
                          Kelly Tomaseski, Town of Esopus Library
  John Haight
                          Debbie Silvestro
  Sal Silvestro
  Tom Carpino
  Richard Terpening
  Kathy Quick
  Barbara Patrick
Announcements:

 The Daily Freeman will publish the Esopus Fall Festival Guide the week before September 24, 2005.   If there are any groups who would like to have information published in that insert they should contact the Daily Freeman or Steve DeSalvo at the Allstate Office or they could contact the Supervisor.  The deadline for the submission to the Daily Freeman is Friday, September 9th.  Events will include the Car Show, Flea Market, Town wide Yard Sale, Library Sale, Apple Festival at the Methodist Church.  The kiddie train will be provided by the Bruderhof and the 5-K Race will take place at Ross Park.
Public Comment:
Roscoe Pecora: Councilman Gloria VanVliet was wished a Happy Birthday.  Last meeting you asked how did the Library go about choosing an architectural firm?  Each member of the Building Committee made comments on each firm and we did a 1-5 rating and we did a numerical tally to assist us.

Kelly Tomaseski - Town of Esopus Library Director: There will be a Library Picnic at George Freer Memorial Beach on Wednesday at 7 PM at Ross Park.

Town Board Resolutions:

1.  Resolution to Authorize the Selection of an Architectural Firm

This is an issue the Town Board has agonized over for the past few months.  The Board has interviewed a number of firms and has had innumerable discussions.  This is a tough choice.

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

Whereas, the Town Board has interviewed and examined the qualifications and references of a number of potential architectural firms,

Therefore, Be it Resolved, that the Town Board authorizes the Town Supervisor to contract with Joseph Hurwitz and Associates for architectural services for the future Town Hall/Community Center.

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.

Supervisor Rice stated Mauri Assoc. was in the running until the very end.  Their key person is Dennis Suraci.  Dennis assisted in negotiating with the Dept. of Transportation regarding functional replacement costs.  He did a needs assessment for the new Town Hall.  Much of the work that was done was pro-bono and he was extremely helpful and I want to thank him for his service on behalf of this Board..

2.  Resolution to Require Partial Payment of Health Benefits by Future Employees

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

Whereas, the Town Board has interviewed and examined the qualifications and references of a number of potential architectural firms,

Therefore, Be it Resolved, that the Town Board authorizes the Town Supervisor to contract with Joseph Hurwitz and Associates for architectural services for the future Town Hall/Community Center.

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.

Councilman Gloria VanVliet stated this ten percent premium has been on the books since 1998 and was never enforced.  Supervisor Rice said this will only affect new employees at this time

3.  Executive Session to Discuss Personnel Issue With P. E. W. & S. Dept.

A motion to enter into Executive Session to discuss a personnel issue within the Port Ewen Water and Sewer Dept.  was made by Supervisor Ray Rice and seconded by Councilman Gloria VanVliet at 7:40 PM.  All Town Board members voted in favor.  Carried.

A motion to adjourn from Executive Session was made by Supervisor Ray Rice at 8:00 PM
seconded by Councilman Wayne Freer.  All Town Board members voted in favor.  Carried.

As a result of Executive Session the hiring of Timothy Byron by the Port Ewen Water and Sewer District was approved by the Town Board.

4.  Resolution to Authorize Adjustments to the 2005 Budget

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

Whereas, adjustments to the 2005 budget are required in order to properly reflect changs 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  $   168.20 A1010.4  Zoning Change
A1990.4   $8,565.42 A 7140.1  Summer Rec. Program
A1990.4   $   128.51 A3620.4  Bldg. Dept.
A1990.4   $1,624.37 A6140.4  Home Relief

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 to Authorize Attendance of the Highway Supt. at a Conference

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

Whereas, the Highway Superintendent has submitted a request to attend the 2005 Highway Superintendents Conference,

Therefore, Be it Resolved, that the Town Board authorizes the attendance of the Highway Superintendent at the conference with the expenses to be paid from the Highway Superintendent’s Budget.

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.

6.  Resolution to Authorize Proceeding with a Zoning Change to Encourage Affordable             Senior Housing - First Reading Local Law #1 - 2005

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

Whereas, the Town has directed Shuster Associates to draft a proposed Local Law to encourage Senior Housing in the Town of Esopus,

Whereas, the draft has been created and reviewed by the Town Board and the Ulster County Planning Board,

Whereas, the Ulster County Planning Board has disapproved our proposed zoning change,

Whereas, the Esopus Town Board has considered the comments of the Ulster County Planning Board and wishes to proceed,

Therefore, Be it Resolved, that the Town Board will hold a public hearing on the Local Law defining the proposed zoning change on September 15, 2005 at 7:15 PM, in the Esopus Town Hall.  A copy of the proposed zoning change is available in the Town Clerk’s Office.

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.
 Local Law #1 - 2005
 Senior Citizen Housing
 Proposed Amendment to the Town of Esopus Zoning Law

A.  Purpose.  The Town Board recognizes that there is a community need to
     provide housing facilities for senior citizens who do not need skilled
    nursing care and who are capable of providing for their ordinary, routine
    necessities of life.  It is the intent of this amendment to encourage the development of
                moderately priced multiple-dwelling units for senior citizens, to ensure that such                      developments provide the basic services and facilities to accommodate residents’                             needs and to minimize detrimental effects on neighboring properties.

B.  Proposed Zoning Amendment.  To accomplish the above purpose, the
                 Zoning Law of the Town of Esopus, Chapter 123 of the Town Code, as
     amended, is hereby further amended as follows:

1.  123-60, Definitions, shall be amended to add the following:

    SENIOR CITIZEN HOUSING - a building or group of buildings,
    whether detached or connected, containing dwellings that are
    designed and operated for occupancy by persons who are elderly or disabled as defined      under applicable state or federal programs designed for such persons or at least 55             year of age if no such program is applicable.  Such housing may include common areas       in multi-family dwellings owned and managed by a single management entity, together       with normal and customary ancillary facilities or services for use by older persons.

2.  123-10 Schedule of District Use Regulations, shall be amended to
                 include Senior Citizen Housing in the R-12, R-40, F-1 and GC Districts
     as a use requiring a conditional use permit.

3.  123-13, Uses Requiring Conditional Use Permits, shall be amended by
                addition of a new paragraph V. which shall read as follows:

V.  Senior Citizen Housing

(1) Permitted Uses.  The following uses are permitted within a site
                              designated for senior citizen housing, upon approval of a conditional
                              use permit.

(a) Multiple, attached or detached dwelling units for occupancy
    By senior citizens and their immediate families.  Such occupancy
    does not include nursing homes, group residences, rooming or
    boarding houses.

(b) Accessory structures/uses.  The following accessory
     structures and uses are permitted.

(i) Any facilities necessary to meet the proper
                                        maintenance, security, storage and utility needs of the
                                        development or its residents.

(ii) Ancillary uses providing services or amenities only for
                                          site residents, such as, but not limited to recreation
                                          rooms, lounges, self-service laundries, exercise rooms
                                          and similar facilities.
 

(2) Occupancy. Occupancy of dwelling units in senior citizen
                             housing shall be limited to the following:

(a) A person who has attained the age of 55 years.

(b) A husband or wife who is residing with his or her spouse who
                                        qualifies as a senior citizen.

(c) A live-in care-giver residing with a qualified senior citizen,
                                        provided that said care-giver is 18 years of age or older.

            (d) The surviving spouse who was residing with a qualified
                                          senior citizen at the time of his/her death.

(e) Exception.   Notwithstanding the provisions above, one unit in
                                         a senior citizen housing site may be occupied by a project
                Superintendent or manager and his/her family.

(3) Development Standards,   Senior Citizen housing shall be
                              subject to the following standards as well as other applicable
                              standards of this law.

(a) Minimum Lot Area: 5 acres

(b) Location in R-40 District: Senior citizen housing in the R-40
                                         District shall only be allowed in the area east of the main
                                         line of the CSX Railroad or east of Route 9W, south of Floyd
                                         Ackert Road.

(c) Dwelling Size: No dwelling shall contain more than two
                                         bedrooms.

(d) Minimum Yards: Same as the District in which the site is
                                         located except that no building shall be located within 50 feet
                                        of an existing residential structure on another lot.

(e) Maximum Density: The number of dwelling units on a site
                                         shall not exceed eight units per adjusted gross acre.  Adjusted
                            gross acreage shall be determined by deducting the following
                                        from the total site area:

(i) All designated state and federal wetlands.

(ii) All easements.

(iii) 50 % of all land in a designated flood hazard area.

(iv) 50% of all land with a slope in excess of 20%

(f) Minimum Parking: two spaces for every three dwelling
     units.  In addition to parking actually provided, an additional
                                         area capable of creating a total of one parking space per
                                         dwelling unit shall be indicated on the approved site plan and
     graded and planted with grass.  The Planning Board may
     require, in the future, that such area be paved to meet
                                         demonstrated parking demand.

(g) Buffer Zones: An area at least 25 feet wide shall be
                                         established along the boundary of all properties in residential
                                         use which shall be landscaped or maintained as natural
                                         vegetation and shall not contain driveways or off-street
                                         parking or other paved surfaces.  The only exception shall be
                                        entrance drives from the street and sidewalks not exceeding 5
                                        feet in width.

Supervisor Rice was asked about the Ulster County Planning Board turning down the application for a floating district for Senior Citizen Ho sing.  Their reasoning was the Senior Housing did not include Affordable Housing along with it.

7.  Resolution to appoint a Secretary and Members to the Waterfront Advisory Board

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

Whereas, the Secretaries position has been vacated by the resignation of Melinda Wright,

Whereas, Will Thomas and Robert Henry have resigned from the Board,

Whereas, the Waterfront Advisory Board has recommended that Laura Petit be appointed Secretary and that Chet Allen and Julie Melancon be appointed to the Board,

Therefore, Be it Resolved, that the Town Board hereby appoints Laura Petit as Secretary to the Waterfront Advisory Board and appoints Julie Melancon and Chet Allen to the Board for terms which expire December 31, 2005.

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

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

Resolution duly adopted.

8.  Resolution Authorizing the Payment of Bills Received Since the July 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  #051490-051551  $35,586.89

Highway Fund  #052216-052259  $83,372.12

Street Lighting  #056008   $ 4,018.05

Port Ewen Sewer  #053096-053106  $ 4,735.30

Port Ewen Water  #054213-054229  $21,790.69

Total.................................................................................................$149,503.05

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.

9.  Motion to accept the minutes of the July Board Meetings

A motion to accept the minutes of the July Meetings of the Town Board was made by Supervisor Ray Rice and seconded by Councilman Michael Lange.  All Town Board Members voted in favor.  Motion Carried.

Public Comment:

Roscoe Pecora: Do the rest of the Town Employees have 100 % medical coverage?  Yes.
What is the stand on green buildings?  Supervisor Rice answered Joseph Hurwitz is familiar with green building construction.  It boils down to what are the actual cost savings involved?

Barbara Patrick:   Again Barbara Patrick invited residents to call 384-6439 and come visit her at her new construction of her house where they are using green construction.

Vince Fisher: Vince Fisher was curious if there would be public input with the architectural design?  Architect Hurwitz is in favor of having public input and there will be meetings with the public concerning the design of the building.

Dave Murray: Has the site been chosen?  Yes, four acres has been donated and twenty acres purchased.  Mr. Murray was concerned the building would not be visible from 9W and that seems like a mistake.  He asked if the Freeman house had been considered?  Supervisor Rice answered in the affirmative.
 

Robert Richter: Has the Town Board agreed to a fee for the architect?  The Supervisor stated the fee will be eight to eight and one half percent.  We have not signed an agreement yet.  Mr. Richter continued.....will the “needs assessment” be done again?  There are variables.......before we sign a contract we will have an answer to that.

Tim Allred: Define “public input” please will the wishes of the public be considered?  As a neighbor he was interested in input but it is also import to bring the town as a whole together/
Councilman Wayne Freer said the architect will do that.  Councilman Gloria VanVliet stated the contract for the architect will be reviewed by our attorney to make sure everything is in order.

Announcement of the availability of correspondence and reports of committees:

The following reports of Committees have been received:

Town Clerks’ Monthly Report dated July 2005
Town of Esopus Zoning Board of Appeals Minutes dated July 19, 2005
Monthly report of the Esopus Building Department dated July 2005
Waterfront Advisory Board Minutes dated July 26, 2005
Port Ewen Water/Sewer Board Minutes May 10, 2005
Port Ewen Water/Sewer District Monthly Report dated June 2005
Planning Board Meeting Minutes June 23, 2005
Economic Development Committee July 28th, 2005.

A motion to adjourn the meeting was made at 8:30 PM 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, CMC, RMC