TOWN BOARD MINUTES
 SEPTEMBER 20, 2001

A regularly scheduled Town Board Meeting was held on Thursday, September 20, 2001 in the Town Hall Port Ewen, New York 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

Recording Secretary: Diane L. McCord
                                                                          Town Clerk, RMC

Supervisor Rice called the meeting to order at 7:30 PM. and made the following announcements:   Insect Spray is available at the Town Clerk’s Office free of charge.

“As a result of the World Trade Center Tragedy I think all of us have feelings of frustration, helplessness, and certainly a great deal of anger.  A number of our residents have expressed the desire to DO SOMETHING.

I contacted Ulster County Emergency Management right after the disaster and they suggested that the most effective thing people could do would be to make contributions to the Red Cross, Salvation Army, or the other funds which have been established for the victims.

I know that there are a number of fund raisers which are taking place or will be taking place in our Town so I urge you to contribute to those funds.”

TOWN OF ESOPUS FALL FESTIVAL - SATURDAY, SEPT. 29TH

PUBLIC COMMENT

Karen Schmitz - Port Ewen: Karen Schmitz was concerned with the corner of East Main and Bayard Street and would like a four way stop sign placed at this intersection and a Children at Play sign for she is distressed with the speeders who use this road as a raceway and with the children who are placed in danger and she does not want another tragedy.  Art Cross, Highway Supt. has a form at his office where you can apply for a sign listing the names and ages of the children in the area.  Art Cross stated the biggest violators are those who live in the neighborhood and that having too many signs according to New York State is over effective.  We no longer use “Children at Play” signs for a town in upstate New York was sued because it was believed this gave permission for children to play in the streets.  A “Children in Area” sign could be placed if a form is filled out.  Supervisor Rice will ask the Ulster Sheriff to patrol the area.

A MOTION WAS MADE BY SUPERVISOR RAY RICE TO PLACE A FOUR WAY STOP SIGN AT THE CORNER OF BAYARD AND WEST MAIN.  THIS MOTION WAS SECONDED BY COUNCILMAN MARSHALL COURTNEY.  ALL TOWN BOARD MEMBERS VOTED IN FAVOR.  MOTION CARRIED.
 

Laura Petit - Port Ewen: Laura Petit also attended this evenings meeting to submit a petition and a letter requesting additional traffic control devices for Gurney Street, Prospect Street and Horton Lane in Port Ewen.  “Vehicles travel these streets daily at a high rate of speed making it hazardous for pedestrians, children, and pets.  During the last several months many residents, particularly on Gurney Street, have been complaining to Town agencies about the traffic and potential for accidents.  There have also been complaints about the lack of visibility on the curve where Prospect Street merges with Horton Lane.”

The Highway Supt. stated stop signs cannot be used for speed control.   Supervisor Rice will speak with the Ulster County Sheriff about the speeding problem.  There is also a problem with the bushes on the corner of  Prospect and Horton Lane.  The Building Dept. will be asked to investigate.  Speed bumps were suggested, however, this would pose a serious hazard during the winter with the plowing of snow.

A MOTION WAS MADE BY COUNCILMAN PETER BEISEL AND SECONDED BY SUPERVISOR RAY RICE TO INSTALL TWO STOP SIGNS ON GURNEY MAKING THIS A THREE WAY STOP AND  A DANGEROUS CURVE WITH A 10 MPH SPEED LIMIT AT THE CORNER OF PROSPECT AND HORTON.  ALL TOWN BOARD MEMBERS VOTED IN FAVOR.  MOTION CARRIED.
 
1.  EXECUTIVE SESSION TO DISCUSS THE GORDON TAX       CERTIORARI LAWSUIT

A MOTION WAS MADE BY SUPERVISOR RAY RICE AND SECONDED BY COUNCILMAN MARSHALL COURTNEY TO ENTER INTO EXECUTIVE SESSION AT 7:50 PM TO DISCUSS THE GORDON TAX CERTIORARI LAWSUIT.  ALL TOWN BOARD MEMBERS VOTED IN FAVOR.   MOTION CARRIED.

A MOTION TO ADJOURN FROM EXECUTIVE SESSION WAS MADE BY COUNCILMAN PETER BEISEL AND SECONDED BY SUPERVISOR RAY RICE AT 8:15 PM.  ALL TOWN BOARD MEMBERS VOTED IN FAVOR.  MOTION CARRIED.

1.  RESOLUTION AUTHORIZING SETTLEMENT OF THE GORDON             TAX CERTIORARI  LAWSUIT - SEPT. 20, 20001

BE IT RESOLVED, by the Town Board of the Town of Esopus, in the County of Ulster, as follows:

WHEREAS, Richard Gordon, Jr. has brought a tax certiorari proceeding against the Town,

WHEREAS, the lawyers for both parties have suggested a compromise wherein the assessed value of the Gordon property would be set at $637,500.00 for the tax year of 2000, and further that Mr. Gordon will waive any claims for tax reductions for the years of 1996, 1997, 1998 and 1999.

WHEREAS, the Town of Esopus Town Board believes that this settlement is in the best inerests of the Town,

THEREFORE, BE IT RESOLVED, that the Town Board authorizes the Supervisor and Kellar and Kellar to accept the negotiated settlement and to execute the appropriate documents memorializing same.

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 VAN VLIET  AYE

RESOLUTION DULY ADOPTED.

2.  RESOLUTION AUTHORIZING SUPPORT OF THE DARE PROGRAM
    AT THE ROBERT GRAVES AND ANNA DEVINE SCHOOLS

BE IT RESOLVED, by the Town Board of the Town of Esopus, in the County of Ulster, as follows:

WHEREAS, the Town Board has been requested to support the DARE Program at the Robert Graves and Anna Devine Schools,

THEREFORE, BE IT RESOLVED, that the Town Board, authorizes the support of the DARE Program in an amount not to exceed $638.00 per school.

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 VAN VLIET  AYE

RESOLUTION DULY ADOPTED.

3.  RESOLUTION TO AUTHORIZE ADJUSTMENTS OF THE 2001       BUDGET

BE IT RESOLVED, by the Town Board of the Town of Esopus, in the County of Ulster, as follows:

WHEREAS, adjustments to the 2001 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: A1355.2 Assess. Equip. $269.85 A1355.4 Assess. Contrac.
A1990.4 Contingency   175.00 A1620.2 Bldg. Equip.
A2705    Donations   710.00 A3511.4 Feral Cat Fund
A1620.406Bldg. Misc.   141.91 A1620.407 Publications
A7140.4 Rec. Contrac.   904.75 A7140.2 Rec. Equip.
DA5112.4 CHIPS         60,352.87 DA5110.4 General Repairs

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.

4.  RESOLUTION AUTHORIZING ATTENDANCE OF THE HIGHWAY
     SUPERINTENDENT AT THE NYS BRIDGE CONFERENCE

BE IT RESOLVED, by the Town Board of the Town of Esopus, in the County of Ulster, as follows:

WHEREAS, the NYS Bridge Conference will be held in North Syracuse, October 24th and 25th

THEREFORE, BE IT RESOLVED, that the Highway Superintendent be authorized to attend, with the expenses to be paid from the Highway Dept. Budget.

Resolution Offered by Councilman John Loughlin
Resolution Seconded by 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 RECOGNIZING WATER CHESTNUT HARVESTING       PROGRAM VOLUNTEERS

BE IT RESOLVED, by the Town Board of the Town of Esopus, in the County of Ulster, as follows:

WHEREAS, the Town of Esopus has actively sought to minimize the nuisance posed by an infestation of water chestnuts along our shoreline,

WHEREAS, the water chestnut harvesting program has been successful the past two years because of the dedicated efforts of volunteers from the Hidden Harbor Yacht Club and Riverview Condominiums,

THEREFORE, BE IT RESOLVED, that we, the Town of Esopus Town Board, express our appreciation to those volunteers for their efforts in cleaning up our waterfront.  We would like to particularly thank Jack Melville for his efforts in coordinating the volunteer effort.

Resolution Offered by Councilman Peter Beisel
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.

Councilman Peter Beisel is a member of Hidden Harbor Boat Club and stated over a ten week period he stated the Water Chestnut Harvester ran forty days and can only be operated at high tide.  It operates three to five hours a day with two men on the machine and two men unloading the machine.  “These guys did a great job!”
Supervisor Rice explained this program has been very cost effective.  We could never clean up all the water chestnuts but can work on areas most heavily effected.

6.  RESOLUTION ESTABLISHING A FEE FOR SCRAP METAL AT THE       TRANSFER STATION

The operator of our Transfer Station Kurt Dankelmann has suggested a $.03 per pound charge should be placed on scrap metal.  This Resolution was tabled in order to give Councilman John Loughlin a chance to investigate the proposal.

Supervisor Ray Rice made a MOTION to table the Resolution establishing a fee for scrap metal Councilman Peter Beisel seconded the MOTION.  All Town Board Members voted in favor.  MOTION carried.

7.  RESOLUTION AUTHORIZING THE PAYMENT OF BILLS       RECEIVED SINCE THE AUGUST 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  #475-540  $26,520.29
HIGHWAY FUND  #219-256    44,263.74
STREET LIGHTING  #9       3,380.56
PORT EWEN SEWER  #116-128      4,847.01
PORT EWEN WATER #211-224      8,155.18

TOTAL...................................................................$87,166.78

RESOLUTION OFFERED BY COUNCILMAN JOHN LOUGHLIN
RESOLUTION SECONDED BY SUPERVISOR RAY RICE

RESOLUTION DULY ADOPTED.

8.  MOTION ACCEPTING THE MINUTES OF THE AUGUST TOWN
     BOARD MEETING

A MOTION WAS MADE BY SUPERVISOR RAY RICE AND SECONDED BY COUNCILMAN MARSHALL COURTNEY APPROVING THE MINUTES OF THE AUGUST TOWN BOARD MEETINGS.  ALL TOWN BOARD MEMBERS VOTED IN FAVOR.  MOTION CARRIED.

9.  ANNOUNCEMENT OF THE AVAILABILITY OF CORRESPONDENCE       AND REPORTS OF COMMITTEES

Correspondence for the month is available to inspection.  The following reports of committees has been received and is on file in the Town Clerks’ Office:

Town Clerk Monthly Report dated August 2001
Port Ewen Water/Sewer Monthly Report dated August 2001
Building Inspectors Monthly Report dated August 2001
Town of Esopus Highway Dept. Monthly Report dated August 2001
Fire Inspection Report dated August 2001
Planning Board Meeting Minutes dated August 23, 2001
Town of Esopus Zoning Board of Appeals Findings and Conclusions 8-21-2001
Planning Board Workshop Meeting Minutes dated August 14, 2001
Port Ewen Water and Sewer Minutes dated August 14, 2001

A MOTION TO ADJOURN THE MEETING AT 8:30 PM IN MEMORY OF THE VICTIMS OF THE WORLD TRADE CENTER TRAGEDY WAS MADE BY COUNCILMAN MARSHALL COURTNEY AND SECONDED BY SUPERVISOR RAY RICE.  ALL TOWN BOARD MEMBERS VOTED IN FAVOR.  MOTION CARRIED.

Respectfully submitted,

Diane L. McCord
Town Clerk, RMC