TOWN OF ESOPUS
 TOWN BOARD MEETING
 DECEMBER 19, 2002

The regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, December 19th at 7:30 PM at the Town Hall on Salem St. in Port Ewen, New York with the following persons in attendance:

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

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

Announcements:

2002 Final Meeting to authorize payment of bills will be Monday, December 30th, 7:30 PM
2003 Organizational Meeting will be Thursday, January 2, 7:30 PM.
Dogs available for adoption at the Esopus Kennel.

Public Comment:

Highway Supt. Art Cross: Supt. Cross reminded the public that there is no parking overnight in the Town of Esopus until April.

Bill Lambertson - Burleigh Road: Five residents from Burleigh Road appeared at this evenings meeting concerned over the proposal from the YMCA to reinstate the former 4H Camp.  Burleigh Road borders the Town of Esopus and the Town of New Paltz.  The camp itself is located in the Town of Esopus.

Mr. Lambertson gave the following statement:

“On behalf of the residents of Burleigh Road, I am addressing our concerns to the board regarding the proposed YMCA camp to be located in the midst of our residential neighborhood.

Although we are very supportive of the YMCA organization, the proposition mentioned will change our neighborhood forever.  We believe that this is an excellent program but will be situated in the wrong place.  Burleigh Road has recently grown from a 3 family street to an 18 family neighborhood complete with many active bike-riding kids.  The physical characteristics of the road itself perfectly match the neighborhood it was made to support.  For all practical purposes, our road is a one-lane street and simply cannot handle the increased traffic flow the proposed YMCA camp will necessitate.

There have been numerous recent accidents on this street directly attributed to its thin width and blind spots.  Last year, a school bus collided into a telephone poll.  The impact splintered the poll in half and left live electrical wires strewn across the street.  By the grace of God, no one was seriously injured.  There was also a recent collision in which two cars sideswiped each other as well as other various fender benders.

It is not a rare occurrence to see a parent and a baby carriage waiting in a ditch as a bus passes by.  With the increased traffic, any child walking or riding a bike will be in harms way.  It would be a near impossibility for a bus and an emergency vehicle to pass at the same time.  In short, an approval of the proposed camp would be a disaster waiting to happen.

At present, the traffic flow is nearing capacity.  The safety of our kids is at stake, let alone emergency vehicle access.  Many of the recent home buyers purchased on Burleigh Road primarily because of its quiet residential qualities.  A few have already considered selling.

In conclusion, we feel that the YMCA is required by law to obtain a conditional use permit in order to operate as proposed (Esopus Code 123-30 C (3).  It is also clear that the YMCA should be denied a new permit based on the following Esopus Code criteria’s (123-46 C (1) b, c, e, ).  Currently, the YMCA is advertising this location as their new permanent site without  the proper approvals.  It is our fear that the YMCA is somehow circumventing the system.  While the residents of our neighborhood have great respect and support for the YMCA and its programs, in light of the factors set forth herein, we respectfully request that the Board require the YMCA to abide by the law as stated in the code.

Thank you for taking the time to review our concerns.

Sincerely, The Burleigh Road Neighborhood.”

Mr. Lambertson continued.......The camp closed in 1994.  Burleigh Road is a dead end road.  On June 28th, 2001 the YMCA appeared before the Planning Board for a Preliminary Conference proposing to reopen the facility.  The YMCA proposes to lease the property from the Ulster County Cooperative Extension and provide a summer program for 200-300 children.   This represents some heavy traffic with delivery trucks and buses. According to Mr. Lambertson, the Planning Board had indicated that the use of the property under the “Grandfather Clause” would be contingent upon a couple conditions.  Those conditions were that the camp was established prior to 1971 and that they needed to establish that the camp was an on going and active use.  They would need to determine if there had been any variances granted and finally that a final site plan approval was needed.  Mr. Lambertson stated furthermore.....if a variance were not found and there were no records proving there was an on going use then they needed to apply for an application for a conditional use permit.  The residents maintain that there was no variance and there was no on going use and it would be unlawful for the YMCA to occupy the camp at this time without getting a conditional use permit.

 In August the YMCA approached the Planning Board and presented preliminary site plan and brought an engineer David Clauser.  They submitted preliminary site plans and improvement sketches.  They propose to open the property all year long.  The had an architect stating they felt the buildings were in very good shape.  We have pictures with us showing the facility has been boarded up and there are many safety issues to be concerned with.  We have pictures showing the dead end road which is very narrow and there have been accidents.  We are concerned with what happened to the “on-going use clause”?  We have records that the camp had not been used for nine years.  More investigation into the property was needed according to the Planning Board.  The YMCA is proceeding with their plans without board approval.  The YMCA ran an ad in the New Paltz Times asking for volunteers to help with the clean up effort.  They have been handing out flyers to the local community stating this is their permanent home.  Basically was on going use established?  Had the Board granted a special use permit and if so under what criteria?  The major concern is the traffic and the safety of the facility itself.  The location should not conflict with the safety of the neighborhood.  We feel the use of the facility is currently unlawful.  The camp is in need of improvements to make it safe.  We believe this is the wrong location.  We request the Towns of New Paltz, Lloyd and Esopus find another location.

Supervisor Rice stated the YMCA is within their rights to clean up the property.  Before they could ever open it they would have to have Planning Board approval.  Before they could get a Certificate of Occupancy they would have to renovate it and have it inspected by our Building Dept.  The appropriate place for your concern is the Planning Board.  None of this will go forward until they have a Public Hearing and have approval from the Planning Board.  All your concerns should be directed to the Planning Board.  If you were not happy with the results of the Planning Board you could come back to this Board.

Martin Bell was concerned with the aquifer and how it would accommodate 200-300 children a day?  He is afraid the YMCA will slide in on the 4H property without proper approvals.

Russ Shultis - Chairman of the Planning Board: If an application is submitted and gets to the point of a public hearing the surrounding property owners will be notified.

Terry Sheenan - Burleigh Rd.: Mr. Sheenan was very concerned with the narrowness of the road and the safety of their children.

Roxanne Pecora - Planning Board Member: Roxanne Pecora reassured the property owners they would be notified.

Town Board Resolutions:

1.  RESOLUTION AUTHORIZING SUPPORT OF THE DARE PROGRAM

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 Wayne Freer
Resolution seconded by Councilman Gloria VanVliet

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

Resolution duly adopted.

2.  RESOLUTION TO FILL A VACANCY ON THE WATERFRONT ADVISORY       BOARD
 
BE IT RESOLVED, by the Town Board of the town of Esopus, in the County of Ulster, as follows:

WHEREAS, as a result of the resignation of John Melville, a vacancy exists on the Town of Esopus Waterfront Advisory Board,

THEREFORE, BE IT RESOLVED, that the Town Board appoints Will Thomas to the Waterfront Advisory Board for a term ending December 31, 2003.

Resolution offered by Supervisor Ray Rice
Resolution seconded by Councilman Gloria VanVliet

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

Resolution duly adopted.

3.  RESOLUTION TO RECOGNIZE THE VOLUNTEER EFFORTS OF JOHN       MELVILLE

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

WHEREAS, during his years of service on the Town of Esopus Waterfront Advisory Board, John Melville donated, many hours to our community and was instrumental in organizing the effort to remove water chestnuts from areas of our shoreline,

THEREFORE, BE IT RESOLVED, that the Town Board, on behalf of the residents of Esopus, recognizes the volunteer efforts of John Melville and thanks him for his contribution to our Town.

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

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

Resolution duly adopted.

4.  RESOLUTION AUTHORIZING THE NEGOTIATION WITH THE NYSDOT FOR             FUNCTIONAL REPLACEMENT OF THE TOWN HALL

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

WHEREAS, the Town of Esopus is interested in pursuing a program known as “functional replacement” for our Town Hall with the NYS Dept. of Transportation,

THEREFORE, BE IT RESOLVED, the Esopus Town Board authorizes the Town Supervisor to execute and sign any and all documents and contracts with the NYSDOT relavant to the functional replacement of the Esopus Town Hall.

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

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

Resolution duly adopted.

5.  INTRODUCTION OF LOCAL LAW TO REPEAL SUBDIVISION REGULATIONS

Supervisor Rice introduced a Local Law to Repeal Chapter 7 of the Town Code, Subdivision of Land Regulations.  Last month a Local Law was introduced to provide for the extensive Revision of the Town of Esopus Subdivision Regulations Chapter 107.  These laws should have been introduced together.

A public hearing will be held on 16th of January 2003 at 7:15 PM.

6.  MOTION ACCEPTING THE MINUTES OF THE NOVEMBER TOWN BOARD
     MEETING

A Motion was made by Supervisor Ray Rice and seconded by Councilman Gloria VanVliet to accept the minutes of the November Town Board Meetings.  All Town Board Members present voted in favor.  Motion Carried.

7.  RESOLUTION TO AUTHORIZE THE PAYMENT OF VOUCHERS RECEIVED
     SINCE THE NOVEMBER 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  #734-787   $27,365.36
HIGHWAY FUND  #308-338     17,253.49
STREET LIGHTING #12        3,469.75
PORT EWEN SEWER #145-159       5,284.27
PORT EWEN WATER #259-288     15,612.87

TOTAL...............................................................................$68,985.74

Resolution offered by Supervisor Ray Rice
 
Resolution seconded by Councilman Gloria VanVliet

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

Resolution duly adopted.

Public Comment: None

Correspondence and Reports of Committees:

The following correspondence and reports of Committees has been received and is available for inspection in the Town Clerk’s Office:

Town Clerk’s Monthly Report dated November 2002
Highway Supt. Report dated November 2002
Port Ewen Water and Sewer Monthly Report dated November 2002

A MOTION TO ADJOURN THE MEETING WAS MADE BY SUPERVISOR RAY RICE AT 7:55 PM AND SECONDED BY COUNCILMAN WAYNE FREER.  ALL TOWN BOARD MEMBERS VOTED IN FAVOR.  MOTION CARRIED.

Respectfully submitted,

Diane L. McCord
Town Clerk, RMC