TOWN BOARD MEETING
 NOVEMBER 25, 2002

A Town Board Meeting was held on Monday, November 25, 2002 at the Port Ewen Town Hall at 7:30 PM with the following persons in attendance:

Supervisor Ray Rice
Councilman Marshall Courtney
Councilman Gloria VanVliet
Councilman Wayne Freer

Recording Secretary: Diane L. McCord  Town Clerk, RMC

Daily Freeman Reporter Tree McElhinney

ANNOUNCEMENTS:

Availability of insect spray in the Town Clerk’s Office
Dogs available for adoption at the Esopus Kennel.  The Town will cover the costs of adoption
for dogs including rabies vaccination, spaying or neutering and the costs of licensing.
The last day of leaf collection was today, however, bagged leaves can be dropped off at the Town
Highway Garage or the Transfer Station.

PUBLIC COMMENT:

Ann Gordon - Port Ewen: Ann Gordon commended the Town Board for bringing up a Motion for single member districts in the Ulster County Legislature.  Now we are represented by three people from the Town of Rosendale.  I would like to see a representative from Esopus.  Plans talked about by the County include leaving us as we are or the Town being coupled with the City of Kingston where we would lose our individuality.  All our representatives now are from the Town of Rosendale.

Councilman Gloria VanVliet: Councilman VanVliet did not agree with Ann Gordon.  She pointed out that last election someone ran from Esopus where we have 9,300 people compared to Rosendale’s 6,000 and the three elected are from Rosendale.

Councilman Wayne Freer: Councilman Freer did not believe the system is fair and he believes we should express our concern to the Ulster County Legislature stating we do not favor the plan as it exists but we may be interested in something better.  One member per vote may not be the way to go.  Ann Gordon realized that we do not have a chance of having the single member districts passed and for the Town Board to pass a Resolution in favor of single member districts it will give the Legislature an indication of the present situation is not fair.  Councilman Freer proposed rather than endorse a situation that we know will not happen, why not say what our feelings are, that we are not happy with it and either ask for or come up with a solution to the problem.  Supervisor Rice said the system we have is not right....we have to stress to the Legislature that they need to come up with a more equitable allocation.

Gary Swinger - The Bruderhof - Mr. Swinger wanted to voice his condolences on behalf of the Bruderhof on the Town Board’s loss of Councilman John Loughlin.  Our hearts and prayers are with you and it needs to be mentioned in the beginning of the meeting as well as the end because he was a concerned individual who helped his neighbors and his friends.  He touched many hearts as was clearly evident from his funeral.  Supervisor Rice thanked Mr. Swinger for his comments.

TOWN BOARD RESOLUTIONS:

1.  RESOLUTION TO REAPPOINT JAMES MUSHETT TO THE ASSESSMENT       REVIEW BOARD

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

WHEREAS, the term of James Mushett on the Assessment Board of Review expired on September 30, 2002,

WHEREAS, Mr. Mushett currently serves as Chairman of the Assessment Review Board,

THEREFORE, BE IT RESOLVED, James Mushett be appointed to the Assessment Review Board for a term of 10/1/2002 until 9/30/2007.

Resolution offered by Supervisor Ray Rice
Resolution seconded by Councilman Marshall Courtney

Supervisor Ray Rice    Aye
Councilman Marshall Courtney  Aye
Councilman Gloria VanVliet   Aye
Councilman Wayne Freer   Aye

Resolution duly adopted.

2.  RESOLUTION AUTHORIZING THE SUPERVISOR TO ACEPT PROPERTY FOR       HIGHWAY IMPROVEMENT

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

WHEREAS, a potentially dangerous road condition exists at the intersection of Rodman’s Lane and Ulster Avenue,

WHEREAS, the Highway Ssuperintendent has designed a realignment of the intersection which will improve the safety of the intersection at minimal cost to the Town,

WHEREAS, the realignment of the intersection will require the acquisition, by donation, of approximately 0.873 acres owned by Brent and Constance Spoth,

THEREFORE, BE IT RESOLVED, that the Town Board authorizes the Supervisor to sign any documents required to accept the donation of the property.

Resolution offered by Councilman Marshall Courtney
Resolution seconded by Supervisor Ray Rice

Supervisor Ray Rice    Aye
Councilman Marshall Courtney  Aye
Councilman Gloria VanVliet   Aye
Councilman Wayne Freer   Aye

Resolution duly adopted.

3.  RESOLUTION TO AUTHORIZE ADJUSTMENTS TO THE 2002 BUDGET

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

WHEREAS, adjustments to the 2002 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: A1990.4 Contingency   $182.00 A1420.4 Attorney
A599    Fund Balance  1,976.18 A1110.4 Justice (Bailiff)
A599    Fund Balance  1,975.10 A1450.4 Elections
A599    Fund Balance     413.26 A1670.4 Postage
A599    Fund Balance     145.00 A1680.4 Central Data Proc.
A599    Fund Balance  1,831.20 A8020.4 Planning Board
A7140.2 Rec. Equip.      173.78 A7140.4 Recreation Contr.

Resolution offered by Supervisor Ray Rice
Resolution seconded by Councilman Marshall Courtney
Resolution duly adopted.

4.  RESOLUTION TO AUTHORIZE THE SUPERVISOR TO SIGN A PILOT  AGREEMENT WITH THE BRUDERHOF

Supervisor Rice read the following statement:

“I would like to announce that the Town and the Bruderhof have
reached a final agreement on a continuation of a payment in lieu
of taxes for the Bruderhof residential properties.  As you may, or
may not know, the Bruderhof pays all of the assessed taxes on the
portion of their Rifton and Ulster Park properties which are used
for manufacturing purposes.  It has been determined in the courts
that they are not required to pay taxes on their religious and
residential properties.  For the past six years the Bruderhof has
made an annual payment in lieu of taxes for their residential
properties – this payment was the result of an out of court settlement
arrived at six years ago.

The Bruderhof has volunteered to continue making a payment in
lieu of taxes on their residential properties and I sincerely commend
them for this gesture.  The Bruderhof and the Town have reached an
agreement such that the Bruderhof will continue to pay full taxes on
their manufacturing properties, and I feel that their offer of a
payment in lieu of taxes on their residential properties is indicative
of their desire to be good neighbors and citizens of Esopus.”

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

WHEREAS, the Bruderhof Communities in New York, Inc. have proposed to make a voluntary payment in lieu of taxes on their non-industrial properties in the Town of Esopus,

WHEREAS, the Bruderhof will continue to pay full taxes on their manufacturing properties in the Town of Esopus,

THEREFORE, BE IT RESOLVED, that the Town Board authorizes the Supervisor to sign the agreement on behalf of the Town of Esopus.

Resolution offered by Supervisor Ray Rice
Resolution seconded by Councilman Marshall Courtney

Resolution duly adopted.
 
5.  RESOLUTION TO APPROVE THE ISSUANCE OF A PEDDLERS 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, with the Town,

THEREFORE, BE IT RESOLVED, that the Town Board has examined the application, accepted the required fees, and does hereby authorize the issuance of a Peddlers License to David VanLoan.

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

Supervisor Ray Rice    Aye
Councilman Marshall Courtney  Aye
Councilman Gloria VanVliet   Aye
Councilman Wayne Freer   Aye

Resolution duly adopted.

6.  RESOLUTION IN SUPPORT OF SINGLE MEMBER LEGISLATIVE DISTRICTS

A motion to table this Resolution was made by Councilman Marshall Courtney and seconded by Councilman Wayne Freer.  All Town Board members voted in favor.  Motion Carried.

7.  INTRODUCTION OF LOCAL LAW TO UPDATE SUBDIVISION REGULATIONS

A Local Law was introduced entitled “Chapter 107, Subdivision of Land”.  This is a comprehensive revision to the existing subdivision regulations.  A Public Hearing will be held on December 19th at 7:15 PM.

Russ Shultis is the Chairman of the Planning Board and he was asked to give a brief explanation
of the proposed new regulations.  There was a process begun a year ago to review the subdivision regulations.  A workshop was held monthly attended by a majority of the Planning Board members.  Notices were given to the Daily Freeman invited the public to participate.  There was little public participation.  Subdivision regulations were reviewed from Hyde Park, LaGrange and Hurley.  The Public Hearing will be held at the next Town Board Meeting and Chairman Shultis will be available to answer any questions.  Copies of the proposed regulations will be available in the Town Clerk’s Office to be reviewed by the public prior to the meeting.

8.  MOTION TO ACCEPT THE MINUTES OF THE OCTOBER TOWN BOARD
     MEETING

A MOTION WAS MADE BY SUPERVISOR RAY RICE AND SECONDED BY COUNCILMAN MARSHALL COURTNEY TO ACCEPT THE MINUTES OF THE OCTOBER TOWN BOARD MEETING.  ALL TOWN BOARD MEMBERS VOTED IN FAVOR.  MOTION CARRIED.

9.  RESOLUTION TO AUTHORIZE THE PAYMENT OF VOUCHERS RECEIVED       SINCE THE OCTOBER 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  #616-733   $40,489.38
Highway Fund #278-308     12,720.53
Capitol Acct.  #H 35-39     51,251.69
Street Lighting #11        3,602.25
Port Ewen Sewer #133-149       5,729.12
Port Ewen Water #231-258       8,818.34

Total........................................................................$122,611.31

PUBLIC COMMENT:

Curt Danklemann - Transfer Station: There has been a problem with contamination since the UCRRA went to this new system.  We need to have a staging area to adequately maintain the quality of distribution.  New signs are needed to tell customers how to recycle.  The cost of the signs will be $1,000 to $1,500.  Supervisor said there had been a question about glass contaminating the roll offs.  Curt Danklemann stated the City of Kingston was handing out
papers allowing customers to mix in mirrors, and window glass, etc.  and he thought it funny that the three transfer stations he operates were the only contaminated stations in the County.

Correspondence and Reports of Committees are available in the Town Clerk’s Office.  The following reports are on file:

Town Clerks October Report

Planning Board Minutes dated November 26, 2002

Supervisor Rice closed the meeting in memory of John Loughlin and stated we will all miss him.

A MOTION TO ADJOURN THE MEETING AT 8:05 PM WAS MADE BY SUPERVISOR RAY RICE AND SECONDED BY COUNCILMAN MARSHALL COURTNEY.  ALL TOWN BOARD MEMBERS VOTED IN FAVOR.  MOTION CARRIED.

Respectfully submitted,

Diane L. McCord
Town Clerk, RMC