Public Hearing
 Local Law #1
 “Senior Citizen Housing”
 September 15, 2005

A Public Hearing was called to order by Supervisor Ray Rice at 7:15 PM in the Town Hall on Thursday, September 15th 2005 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 Ernie Germano

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

Notice in Daily Freeman:

Supervisor Rice called the Public Hearing to order at 7:15 PM.  He explained this is a local law will change our zoning to allow special zoning for senior citizen projects.

Public Comment:   None

A motion to close the Public Hearing was made by Supervisor Ray Rice and seconded by Councilman Michael Lange at 7:25 PM.

       Respectfully submitted,

       Diane L. McCord
       Town Clerk, CMC, RMC
 

 TOWN BOARD MINUTES
 SEPTEMBER 15, 2005

The Town of Esopus Town Board held a regularly scheduled meeting in the Town Hall on Broadway in Port Ewen, New York on Sept. 15, 2005 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: Fred Zimmer   Anne & Larry Hiller
    Gary Swinger   Tim Alred
    Harry Hutton   Bea Koskie
    Vince Fisher   Debbie Silvestro
    Russ Shultis   John Coutant
    John McMichael  Stuart Messenger
    Roxanne Pecora  James Lamb
    Michael Melendy  Robert Richter
    Louise Clark   Ginny Robinson
    Kay VanTassell  David Shapiro
    Ralph Zucker   Tony Veneziano, Esq.
    Nick Graviano  Susan Holland

Informational Meeting

An Informational Meeting will be held on Wednesday, September 21st at 7:30 PM at the Town Hall in Port Ewen.  This will be a meeting with our Architect Joseph Hurwitz to discuss our needs with regard to the new Town Hall.

Public Comment:

Bea Koskie: When will we get a grocery store?  Supervisor Rice answered this is a common complaint.  It is not economically feasible for a grocery store to come into Port Ewen.  Several people have been contacted, however, no one has expressed interest.  Mrs. Koskie expressed concern for the senior citizens on fixed incomes who are having to deal with increased costs for gas and fuel as well as increases in food prices.

Town Board Resolutions:

1.  Status Update of the Hudson Point Project by Planning Board Representatives

Supervisor Rice asked Planning Board Chairman Russ Shultis where we stand on Hudson Point?
Russ Shultis asked if the Town Board had received a copy of the report by our Town Planner Dan Shuster?  Yes.  The Planning Board is in the process of gathering information.  This report is not complete.  The Planning Board is at a stage where the applicant wants to get something to the Town Board.  The Planning Board has come so we could get input from you folks.  Tonight the Town Board received a binder with all the information on the project and now the Board has what the Planning Board has.  Russ Shultis recommended the Board members take time to go through the information in the binder.  The Planning Board will be looking for some type of response from the Town Board.  In the meantime we will continue to work on our report and eventually we will give you a completed statement of findings.

Supervisor Rice asked what the Planning Board would be looking for and that would probably be an answer to the sewage question.  Russ Shultis said the key point is the sewer capacity.  If we cannot resolve that issue we do not know what the future will be.  Supervisor Rice said there would be a number of zoning changes required for this project.  What is your feeling about making those zoning changes?  Russ Shultis said some of those zoning changes we still need to gather more information on.  Russ Shultis said there are nine items entered in the record with concerns the engineer had.  Some of those concerns are the road structure and ownership, access to the lake, maintenance issues, and commercial property.  A PUD is in essence an entity in itself.  If you are going to have a commercial component our engineer felt you should have a definition of what you want to allow in that commercial component.  There are still questions we need to have addressed.  There have been no public hearings on this and once we get the final report we will have a public hearing.  Supervisor Rice asked how many people came to the meetings to discuss Somerset and there was no way to estimate how many were there specifically for this purpose.

Supervisor Rice said there were a number of technical issues that will have to be resolved.  There are also philosophical issues.  Russ Shultis said our Board members still have questions.  Councilman Freer said it would take the Board time to analysis all the information given tonight.
Russ Shultis would like you to review it and give comment on it.  Supervisor Rice asked when this should be sent to the County Planning Board?  Russ Shultis answered they would first like to have their report near completion.  Councilman VanVliet was under the impression that the Planning Board was ready for the Town Board to make a decision......this was the way it sounded on Monday nights meeting.  In looking at this binder there is no way a decision could be reached.  I have been writing notes and there are a lot of questions.  It will take time to digest this information.  I would like to hear the other concerns the Planning Board has.  The concerns mentioned last meeting were the concerns of the Planning Board Engineer.  He mentioned road ownership and maintenance.  The roads proposed appear to be private, however, there is a component of the road system which the town should maintain.  Who is responsible for what?  A section of the roadway as it is now traverses a right of way and there is a legal issue there that we have our attorney working on.  The commercial element of the project should have better definition.  It was not our intent to have a decision made tonight.

Supervisor Rice asked where is the benefit to the Town?  The member of the Planning Board talked about the affordable housing component.  Councilman Gloria VanVliet asked what the income level for affordable housing.  Roxanne Pecora said it was different for each town and you should check with Ulster County Planning Dept.  Personally speaking Russ said he has been paying taxes all his life and they never go down.

Ralph Zucker was asked to address the Board.  You say taxes never go down, on the other hand there are definite physical impacts that are beneficial to the town, the county and the school board.  There is always a fear of change.  There is progress in moving forward.  I can stand here today and say you may not want any development at all.  The sewer is an issue that has to be resolved.  The bigger issue if there is going to be any development at all and is it desirable?  Should it be done?  What style should it be?  This urbanism is not something new  fangel.  There comes a point in every process where you either move forward or stop.  We are at that point.  We can’t keep on generating report after report.  We can go away.  Maybe someone will come up with a different project there. We are asking you not to approve the project now but to allow the forward process.  If the Board does not move forward and we are not allowed to get to the answers to our questions you will never know what a great project you could have had.

Tim Alred: I only heard about this information on Monday.  We all know that development brings higher taxes....higher expenses for a town.  This is no gift to the Town.  The concept of this development is to create a new Port Ewen and an old Port Ewen.  It is a bit much for our town to have this development.  This property is not contiguous to development, it is the ultimate of sprawl....it is a whole new neighborhood.  Extension of the sewer.....the City of Kingston is extending their sewer to another project....who will pay for this expansion?  It will cost a lot of money.  The notion that you are bringing some gift to our town is the developers’ misnomer.  Sprawl brings higher costs to local town....commercial development does not impact everything....this kind of development impacts the social development of a town like ours.  To see what this would look like...drive to Fishkill.  I understand you put a lot of effort into the plan but if I wanted to live on Long Island I would have moved to Long Island.  I am not in favor of this kind of development.

Antony Veneziano, Esq. - This brought me back to the 1990's.  The process has some time for you to absorb what happened at the Planning Board.  The next step after the referral to the Ulster County Planning Board and the Waterfront Advisory Board will be to set up the public hearing.  We have taken the time, in an analytical way, to identify the impacts and weight the pros and cons.  There are pros and cons.  We think the project has evolved to be more sensitive to the site.
There is a significant potential visual effect that needs to be addressed and the benefits to the community need to be pointed out.  This plan is much more sensitive than the prior plan.  We will work with Dan Shuster to find a balance that you need to always find.  A project like this will take five to ten years to build out and to bring people into town.   You couldn’t have asked for a better or open minded approach than Ralph Zucker took with these charettes.  He let everyone talk and he came up with a vision that he felt was financially acceptable and to project an image in the community that would work within the factor of the area.  We welcome the dialogue.  There has to be that give and take.  I would like a chance to work through the schedule.  Finding out what is best for this town now is a good thing.  This is complicated.  The site plan you approve gets locked in.

Supervisor Rice said this Board will control the destiny of this project.  It will take a zoning change, changes in the sewage availability and this Board will have to act in the best interest of our community.  There will have to be a dialogue between this Board and you folks to convince this Board that this project is in the best interest of the community.  You can flatten all the technical issues and if this Board decides it is not in the communities best interest....the zoning change will not be there.

Robin Andrade’: An architect who attended the charette said this is not sprawl.  It is a development yes,  but everything will grow.  You can grow with quality.  Ralph Zucker came up in the snow for me to drive him around Kingston so he could see what the architecture was like.  I spent time with him and he is a unique developer.  Out of all the projects going on in this area this is the one that will create community.

2.  Resolution to Approve the Issuance of a Peddler’s Permit

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

Whereas, as per section 100.5 of the Code of the Town of Esopus, the Town Board is required to accept, and examine, applications for peddling and soliciting, within the Town,

Therefore, Be it Resolved, that the Town Board has examined the application, accepted, or waived, the required fees, and does hereby authorize the issuance of a Peddlers License for Karen Schmitz.

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.

3.  Resolution to Appoint a Town Fire Inspector

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

Whereas, a vacancy has been created by the resignation of Michael Glotzl, Town Fire Inspector,

Whereas, the Town Board has solicited, and examined, applications for the position of Fire Inspector,

Therefore, Be it Resolved, that the Town Board appoints Brad Valentine as Town Fire Inspector to fill the reminder of Michael Glotzl’s appointment which ends December 31, 2005.

Resolution offered by Councilman Wayne Freer
Resolution seconded by Supervisor Ray Rice

Resolution duly adopted.

4.  Resolution to Reappoint A Member of the Assessment Board of Review

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

Whereas, the term of James Melbert on the Town of Esopus Assessment Board of Review will expire on September 30, 2005,

Whereas, Mr. Melbert has served the Town of Esopus on the Assessment Board of Review for thirty years and is willing to be reappointed to another term,

Therefore, Be it Resolved, that the Town Board appoints James Melbert to the Assessment Board of Review for a term expiring September 30, 2010.

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 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 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         3,611.88     9.44  A1460.4 Records Management
A599          11,556.39         3,113.26  A7140.1 Summer Rec. Program
               236.38  A3620.4 Bldg. Dept.
          11,809.19  A6140.4 Home Relief
SW599              893.46  SW8310.4 Water Dept. Contractual
               187.25  SW9730.7 Bond Interest

Resolution offered by Supervisor Ray Rice
 Resolution seconded by Councilman Ernie Germano

Councilman Germano questioned the $11,809.19 for Home Relief?  Supervisor Rice answered the Capri Motel is housing people on home relief.  Councilman Germano asked if the increase had anything to do with the flooding?  Supervisor Rice answered this was happening before the flood.
A serious adjustment to the 2006 budget will be necessary.
6.  Resolution Authorizing the Payment of Bills Received Since the August 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  #051552-051606  $26,753.29
 
 Highway Fund  #052260-052301  $78,389.74

 Street Lighting  #056009   $  4,191.50

 Port Ewen Sewer  #053107-054231  $33,691.86

 Port Ewen Water  #054229-054248  $ 5,663.52

Total................................................................................................$148,689.91

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.

7.  Motion to Accept the Minutes of the August Board Meetings

A motion was made by Supervisor Ray Rice and seconded by Councilman Wayne Freer to accept the Minutes of the August Town Board Meetings.  All Board Members voted in favor.  Motion Carried.

Public Comment:

Russ Shultis: Speaking as a resident, not on behalf of the Planning Board, you heard tonight a few comments about our town and the future of it.  I would like the Board to give some thought as to the direction of the Town.  Perhaps we should have a Moratorium.  Take a step back and find out what direction you should go in?  The character of the town is changing.  Do you as a Board want to take what we have in place to use to guide our Town or should we take a break to see if we have the proper plan in place for the Town?  I think you should think about that.  Do we have a proper plan in place.   Supervisor Rice thanked the Planning Board for attending this evening.

Anne Hiller: While we are think about taking a look at the Town you should look at the rural areas where the Town has one acre zoning.  In this day and age the parcels need to be made larger before we are drinking our own sewage.

John Coutant: Is the Town Board the lead agency for the Somerset Project.  Yes.

Tim Alred: I came from Dutchess County and I am not aware of the history.  If it is time you should look at the Town Master Plan and think it over.  People love living in this Town....it is a Town of longevity.  If it is time to look at the Master Plan it is very important.  This is the most beautiful place.  I like the people, I like what the Town stands for.  You are putting the pressure of development on the citizens with this project.   How will this all make sense?  It is important to take a look at the Master Plan.

Roxanne Pecora: There is a lot of development and increased traffic and other towns are looking at five acre zoning.  We have not updated our Plan and we need to look at the Zoning Code.  Traffic is an issue as well.  The Comprehensive Plan needs to be updated for ours is ten or fifteen years old.

Who controls lights that are out?  They are not working on the bridge.  Councilman Lange stated a leg of the electric is out.  Central Hudson will not maintain the lights for the town.  We need to find a contractor to fix them.  The City of Kingston is helping us locate the problem which appears to be one leg of the electric is not working..

Fred Zimmer: You see many towns going to larger lots .....the topography dictates the size of the lot.  When you zone larger lots in our area you are zoning your own children out.  Cluster Development has to be considered for it will give more open space.

Roscoe Pecora: I hope the Board will look at updating the Master Plan.  I am concerned with having to pay the bills for some developers.  I believe there are many people in this community that want some different options with housing.  There are not enough options.  The Master Plan could assist the Board in trying to arrive at some conclusion.  The old bridge needs paint.  It is an eye sore.  I heard it was going out to bid.  The Town has had no word about this.

Harry Hutton: You have been talking about PUD development.  If you take the overall acres of development and you look at the area which is 350 acres, in fact you can only build on 80 acres
due to the wetlands and Esopus Lake.  When you go over to PUD Development the number of units that they go for is many or more than you could put on individual lots.  I don’t see where we are getting an adequate trade off.

Fall Festival............Sat. September 24th.  The festival will include a Flea Market at Medrex, A map of Yard Sales will be available, 5K Race, Childrens’ Race, Library Sale, Apple Festival, Car Show, Port Ewen Fire Dist. will have a display, Maple Ridge Bruderhof will have a kiddie train, free bus service sponsored by the City of Kingston, there will be a dance troop demonstration and a demonstration of Marshal Arts.

Announcement: Availability of September correspondence and reports of the following committees:
Building Dept. Report dated August 2005
Town Clerk Monthly Report dated August 2005
Town of Esopus Highway Dept. monthly Report for August 2005
Port Ewen Water and Sewer Report dated August 2005
Port Ewen Water and Sewer Minutes dated August 2005
Zoning Board of Appeals Minutes dated August 2005

This meeting was being closed in memory of Stan Longyear, Highway Supt. in the Town of Woodstock who died in a highway accident out of state.

A motion to adjourn the meeting was made by Supervisor Rice and seconded by Councilman Wayne Freer at 8:30 PM.  All Town Board Members voted in favor.  Motion
Carried.

       Respectfully submitted,

       Diane L. McCord
       Town Clerk, RMC, CMC