Town of Esopus, Town Board Meeting Minutes

TOWN BOARD MEETING
DECEMBER 15, 2005

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, December 15, 2005 at 7:30 PM in the Town Hall on Broadway 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:   Highway Supt. Al Larkin
     Building Inspector Tim Keefe
     Water & Sewer Supt. Don Kiernan
     Virginia Robinson
     Kathleen VanTassell
     Joseph Sills
     Mr. & Mrs. Herbert
     Marian Schoettle
     Sal Silvestro
     Vince Fisher
     Gary Swinger
     Mr. & Mrs. Bob Emberson
     Colin Evans
     Supervisor Elect John Coutant
     Councilperson Elect Debbie Silvestro
     Roscoe Pecora
     Architect Joseph Hurwitz
Pledge to the Flag

Supervisor Ray Rice called the meeting to order at 7:30 PM.

Public Comment:

Marian Schoettle: Marian Schoettle is the Town of Esopus representative on the Kingston Cable Commission. She is requesting a workshop with Town Board Members to explain how budgeting works how the financing of the station works. A Mission Statement Resolution has been passed by the City of Kingston. There was some discussion over when the 2006 Workshop Meetings would be held. Marian Schoettle will be notified.

Colin Evans: Collin Evans attended the meeting to support the financing of Kingston Public Access television.

Resolutions:

1. Resolution to Authorize Attendance at NYS Training Seminar

Resolution to Authorize Attendance at The
NYS Association of Towns Annual Training Session
December 15, 2005

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

Whereas, the NYS Association of Towns will hold their annual training session for newly elected town officials in Albany, New York on January, 2006,

Therefore, Be it Resolved, that the Town Board authorizes the attendance of Council Person Deborah Silvestro and Supervisor John Coutant with the expenses to be paid from their respect budgets.

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

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

Resolution duly adopted.

2. Resolution to Authorize Acceptance of Fawn Meadows Road

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

Whereas, Fawn Meadow Road has been completed to the satisfaction of the Town Highway Superintendent, and

Whereas, a licensed civil engineer has certified that the road was completed to town standards,

Therefore, Be it Resolved, that the Town Board authorizes the acceptance of Fawn Meadows Road into the Town’s Inventory of Town Roads, and,

Further, Be it Resolved, that 10 % of the escrow account be retained by the Town for one year to cover any potential deterioration of the road, and the remaining 90 % of the escrow account to returned to the developers representative, Scott Sasso.

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

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

Resolution duly adopted.

Councilman Wayne Freer entered the meeting.

3. Resolution to Authorize the Increase of Port Ewen Water District Rates

Whereas, the law requires the cost of the operation and maintenance of the Port Ewen Water District to be paid by revenue derived from the sale of the service,

Whereas, this Town Board has adopted a Water District budget based on a rate of a minimum charge of $14.00 for the first 0 to 4,000 gallons and a rate of $3.50 per 1,000 gallons thereafter, based on the water meter.

Therefore, Be it Resolved, that the Town Board increase the rate charged for water service from
a minimum of $12.00 for the first 0 to 4,000 gallons and $3.00 per 1,000 gallons thereafter, based on the water meter, to a minimum of $14.00 for the first 0 to 4,000 gallons and the rate of $3.50 per 1,000 gallons thereafter, based on the water meter, with the new rate to be effective upon adoption of this resolution.

Resolution offered for adoption 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.

Councilman Gloria VanVliet was distressed that there were increases in the water and sewer charges, however, there was no choice with the increased cost of operation.

4. Resolution to Authorize the Increase of Port Ewen Sewer District Rates

Whereas, the law requires the cost of the operation and maintenance of the Port Ewen Sewer District to be paid by revenue derived from the sale of the service,

Whereas, this Town Board has adopted a Sewer District budget based on a rate of a minimum charge of $12.00 for the first 0 to 4,000 gallons and a rate of $3.00 per 1,000 gallons thereafter, based on the water meter.

Therefore, Be it Resolved, that the Town Board increase the rate charged for sewer service from a minimum of $11.00 for the first 0 to 4,000 gallons and $2.60 per 1,000 gallons thereafter, based on the water meter, to a minimum of $12.00 for the first 0 to 4,000 gallons and the rate of $3.00 per 1,000 gallons thereafter, based on the water meter, with the new rate to be effective upon adoption of this resolution.

Resolution offered for adoption by Supervisor Ray Rice and 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.

5. Resolution to Accept a Proposal for the Port Ewen Water/Sewer District Insurance

Whereas, the Port Ewen Water/Sewer District sought request for proposals for the insurance needs of the Port Ewen Water/Sewer District,

Whereas, the Port Ewen Water/Sewer District did receive several proposals, the lowest proposal in the amount of $19,346.69 from the firm of Quilty, Larkin & Dwyer, 42 Main St., P O Box 3325, Kingston, New York 12402.

Therefore, Be it Resolved, that the Town Board accept the proposal from Quilty, Larkin & Dwyer and that they provide the insurance to the Port Ewen Water/Sewer District.

Resolution offered for adoption 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 VanVliet thanked Supt. Don Kiernan for his work on finding an insurance company with lower rates. This saves the district approximately $10,000 annually.

Defibulators

A Motion was made to authorize Supt. Don Kiernan order from the New York State Bid two defibulators for the Town Hall and Highway Depts. This motion was made by Supervisor Ray Rice and seconded by Councilman Michael Lange. All Town Board Members voted in favor. Carried

6. Resolution to Establish Fees for Alarm Systems in the Town of Esopus

Definition of Alarm:

Last year the Ulster County Sheriff had 105 false alarms in the Town of Esopus. There is an alarm law on the books, however, it has never been enforced. There was discussion over a $50 registration fee for alarms that are installed after this date and a charge of $100 additionally per incident, after there have been three false alarms.

Bob Emberson: Will this resolution include BOCES and Dyno Nobel? Yes, answered Supervisor Rice.

Building Inspector Tim Keefe said there was a small list of residences with alarms. Councilman VanVliet was pleased with the number of people who have alarms installed. Supervisor Rice said we were not even aware there was a problem until recently.

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

Whereas, Chapter 48 of the Town of Esopus Code specifies that a fine for a third false alarm within a twelve month period shall be not more than $100 and that each subsequent false alarm within a twelve month period shall result in a fine of not more than $100,

Therefore, Be it Resolved, that the Town Board establishes the fine for a third false alarm within a twelve month period shall be $100 and that each subsequent false alarm within a twelve month period shall result in a fine of $100 additionally, the Town Board establishes a registration fee of $50 for each alarm system installed within the Town of Esopus. These fees shall become in effect upon the adoption of this resolution.

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.

7. Resolution to Donate Town Property to the NYS Dot for Highway Improvement

Resolved, at the regular meeting of the Town of Esopus Board on December 15, 2005, the following Resolution was adopted, offered by Supervisor Ray Rice and seconded by Councilman Gloria VanVliet and passed by the Board.

That the Board accept One Dollar, payment of which is to be waived ($1.00 /P.W.) As compensation of the claim for Map 144, Parcel 161, for the highway project identified as PIN 8039.94.222, S.H. 310, Old Post Road, Part 3 and that Supervisor Ray Rice of the Town of Esopus be empowered to execute the Agreements and any subsequent papers which might be required to secure payment of these claims.

Resolution carried,

________________________________

Title, Supervisor

I, Diane L. McCord, Town Clerk of the Town of Esopus do hereby certify that the above resolution was passed by the Board of the Town of Esopus and that this is a true and exact copy thereof.

8. Resolution to Join Code Enforcement Disaster Assistance Program

Town of Esopus, County of Ulster, State of New York

I, Diane L. McCord, Town Clerk of the Town of Esopus, County of Ulster, State of New York, do hereby certify that at a regular meeting of the Town Board of the aforesaid Town of Esopus, on the 15th day of December, 1005 at the Town Hall on Broadway in Port Ewen, New York, the following resolution was adopted, every member present voting therefore, to wit:

Motion by Councilman Wayne Freer, seconded by Supervisor Ray Rice to adopt the following resolution:

Whereas, in the event of a disaster, many communities do not have enough sufficiently trained Code Enforcement Officials to inspect buildings affected by such disaster; and

Whereas, Codes Division, in partnership with the New York State building Official Conference, has a program to render volunteer assistance to disaster stricken communities known as CEDAR (Code Enforcement Disaster Assistance Response); and

Whereas, the Town of Esopus supports the CEDAR program and supports the participation in the program by code enforcement officials employed by the City who meet the qualifications of CEDAR; and

Now, Therefore, Be it Resolved, that Code Enforcement Officer Timothy Keefe and Assistant Code Enforcement Officer Sal Morello are authorized to submit application for membership to the Code Enforcement Disaster Assistance Response program and to complete the necessary training; and

Be it further Resolved, that the Town of Esopus agrees to provide indemnification and insurance coverage for said Code Enforcement personnel while acting as part of the CEDAR Team for mutual aid purposes.

I do further certify that I have compared the foregoing with the original minutes of the adjourned, regular meeting of the Town Board of the Town of Esopus held on the 15th day of December 2005 and the whole thereof, and that the resolutions duly adopted by the Town Board are on file in my office.

I do further certify that the following members of the Town Board were present at such meeting, namely,
    Supervisor Ray Rice
    Councilman Gloria VanVliet
     Councilman Wayne Freer
    Councilman Michael Lange
    Councilman Ernie Germano

being all the persons constituting said Town Board of the Town of Esopus, County of Ulster, State of New York

IN WITNESS THEREOF, I have hereunto set my hand and the seal of the Town of Esopus, County of Ulster, State of New York, this 15th day of December 2005.

_______________________________
Town Clerk

9. Resolution to Authorize an Ordinance to Increase Dog License Fees - 12/15/05

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

Whereas, the Town of Esopus’ share of dog license fees is currently $1.00, which is insufficient to cover the cost of handling and tracking dog licenses,

Whereas, the Town is authorized by the State of New York to charge up to $5.00 per license,

Therefore, Be it Resolved, that the Town Board authorizes an ordinance to increase the Town’s share of the license fee to $3.00 per license. A public hearing will be held on this ordinance at 7:15 PM, Thursday, January 19, 2006 in the Esopus Town Hall on Broadway in Port Ewen, New York. The Town Clerk is hereby directed to post public notice of the hearing and to have notice printed in the Daily Freeman.

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

Ordinance duly adopted.

10. Resolution to Authorize Adjustments to the 2005 Budget - 12/15/05

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:

A599 $47,313.04    $    14.62 A1410.4 Town Clerk Contr.
           250.24 A1010.1 Town Board Personnel
        6,595.19 A1110.1 Town Justice Personnel
           159.18 A1330.1 Tax Collector
           197.54 A3510.1 Dog Control
             71.51 A3620.4 Building Dept. Contr.
        2,031.40 A5132.4 Highway Cont.
           375.47 A5182.4 Street Lighting
        5,287.35 A6140.4 Home Relief
                      441.93 A7110.1 Parks Personnel
           172.40 A7140.4 Recreation Personnel
        2,246.43 A7140.4 Recreation Contractual
      11,724.90 A8160.4 Transfer Station
      10,772.00 A9010.8 Retirement
                   5,714.39 A9060.8 Health Insurance
                   1,634.96    Loan to PE Lighting Dist.
DA599 22,608.09     2,483.44 DA5111.4 Highway Fuel
      18,835.44 DA5142.4 Snow Removal Contr.
        1,289.21 DA5110.1 Highway Admin. Personnel
SS599                    41.70          41.70 SS8110.4 Sewer Contractual
SW599 15,695.19     5,827.53 SW9010.8 Water Contractual
        7,394.00 SW9010.8 Water Retirement
        2,383.46 SW9060.8 Health Insurance
Resolution offered 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.

11. Resolution Authoring the Payment of Bills Received Since December 2005

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 by approved for payment:

General Fund #051773-051831 $33,731.26
Highway Fund #052382-052405   27,922.90
Street Lighting #05012      4, 484.01
Port Ewen Sewer #053142-053143     3,808.66
Port Ewen Water #054297-054310     6,065.16

Total......................................................................................$76,011.99

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.

12. Motion to Accept the Minutes of the November Board Meetings

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

13. Correspondence and Reports of Committees are available in the Town Clerk’s Office

The following Reports of Committees were received:

Town Clerk’s Monthly Report for November 2005
Assessor’s Monthly Report for December 2005.
Port Ewen Water/Sewer Board and Minutes December 12, 2005
September Report of the Building Dept. revised
November Report of the Building Dept.
There was no meeting of the Planning Board in November
Zoning Board of Appeals Minutes for November 2005

14. Architect Joseph Hurwitz - Preliminary Building Plans Review

Architect Hurwitz described the genesis of this building is we are on two levels. Both levels are served by a single elevator. The opposite corner contains the stairs. The reason this works well is there is a changing grade of twelve feet. We were able to remove 3,500 sq. ft. from the building by eliminating the hallways and having the offices off the main meeting room. The main meeting room is 2,100 sq. ft. This is also a waiting area for the people to access the various offices. Thee is nothing wasted on either level of the building. The court room for small hearings and the staff is on the first level. There is a secure stairway from the second level up to the hearing room which can only be accessed through the Sheriff’s substation. For larger hearings the large meeting room on the second floor can be used for court.

Architect Hurwitz stated it is most important to keep the building at 17,000 sq. ft. At the main entrance the Town Clerk’s Office and the Assessor will be readily available. There was some discussion about the Tax Collector being on the second floor and about the office for the bookkeeper being made larger and the secretary to the Supervisor having less room.

There will be a planted berm and a large parking area. The Sheriff’s Substation is a separate entity. Architect Hurwitz met with Captain Harry VanVliet from the Ulster County Sheriff’s Dept. and the design works for him.

The Community Center is 2,000 sq. foot area. The meeting room is about the same size as the present Town Hall. There is a large storage area. There is a shaded area with a large patio to the side. Thee was lengthy discussion over the Community Center at this point in the meeting.

Virginia Robinson: Virginia asked Architect Hurwitz to define a Community Center? Joseph Hurwitz said it can be anything you would like it to be. Virginia Robinson explained this is what a community center should be. It must be opened to the public at all times. What you have designed is not enough room. Kay VanTassell said this design is like everything else we have seen. One room is not a Community Center. Supervisor Rice considered what has been designed as a Community Center. There cannot be dedicated rooms for one group of people. Councilman Gloria VanVliet ask what do you want? Joe Sills answered a Community Center in a new building is something that will grow with the community. We are now a town of 10,000 people. Requirements for a public dinner for 250 people is needed with a professional kitchen. Make it so it will last. The amount of space we had in the original recommendation is 4,000 sq. ft. Councilman VanVliet asked where we are going to get the money? You have no idea of what that building would cost. Supervisor Rice said that in the original proposal there were basketball courts and a gym. This is a compromise based upon what we can afford. Joe Sills said if a dinner is needed why should they not have it in a Community Center? As a spokesman for the Concerned Citizens....this is a direct insult to everything that has been done since day one. Kay VanTassell stated our needs have never been included in any public relays. It is a slap in the face and we are cut down to less then half of what we requested and there has been no articles in the paper about the Community Center. Supervisor Rice said a Community Center/Town Hall has been in many articles. We have to live within what we can afford. Joe Sills asked what can the community afford? The community was never asked what it could afford?

Roscoe Pecora asked about the possibility of expansion? The building is readily expandable.
Virginia Robinson asked why not expand now not later? The cost is the issue and the only fat would be the four dormers. There were questions about the locations of some of the offices and their locations. The architect is most concerned with staying on budget.

John Coutant: John Coutant asked about the patio area and if the building went straight down you could pick up 12 ft. in depth. The architect answered you pick up sufficient footage but hardly enough to satisfy the needs of the people who want the Community Center and it would be too expensive.

Debbie Silvestro: Debbie thanked the architect for reducing the footprint of the building. She liked the non-traditional rooms. She was concerned that some of the rooms will have to have custom built furniture. The architect answered no.

Supervisor Ray Rice: One of the issues is the bookkeepers room is too small and should be relocated. He was not sure where the original size came from. The Secretary’s room could be smaller.

Vince Fisher: We have heard where Supervisor Rice and Councilman VanVliet stand on the Community Center...what about the other Councilman? Councilman Freer said we must stay within the budget and that is our primary concern. 4,000 sq. ft. is a substantial about of room. Perhaps the scheduling will need to be worked on. It will not be an unlocked place where everyone can go. It is not going to be opened all the time. Councilman Lange asked what are you looking for? Joe Sills said people would like space ..they require closet space. Space for other organizations....the Businessmen’s Association and the American Legion. They need an office.
Councilman Freer said we are using New York State money, Federal Money and local taxpayers
money. You must be careful. Supervisor Rice said the Businessmen’s Association have a closet in the Town Hall now and we have never seen them us it. I am not convinced we need dedicated facilities for them. Supervisor Elect John Coutant spoke about the Supervisor’s room and the Secretary and they would require less room that could be made available for the bookkeeper.

Russ Shultis - Planning Board Concerns:

There are applications before the Planning Board for dedicated roads. These roads must be approved by the Town Board. Heavenly Valley Phase II application is before the Planning Board. In the initial proposal for the second phase the second access road to Heavenly Valley was to be through Scott Street off Rogers St. in Port Ewen. There are wetland issues because the wetland rules have changed. The applicant was at last weeks meeting and they submitted an application for thirty one homes. The applicants would like a spur to tie into the Robert Graves School property.
Another solution would be to tie into the town property and have a road to Rt. 9W. This would mitigate the wetland property on Scott St. Another solution could be to tie into the new development on Salem St. Bellaire Ridge and this would provide the second access road necessary.
Councilman Freer suggested squaring off the property owned by the applicant and taking down the brick house giving the town a larger entrance way into our property.

Maple Ridge Inhabitant Gary Swinger and Family Invited to Zimbabwe

Gary Swinger, his wife and two sons have been invited to Zimbabwe in response to the Aids Epidemic and report back to their community. They are looking forward to this challenge.

Councilman Wayne Freer publicly wanted to Ray Rice for his ten years of dedicated service as Supervisor for the Town of Esopus.

Supervisor Ray Rice made a motion to enter into Executive Session at 9:30 PM seconded by Councilman Wayne Freer to discuss a personnel matter with the Planning Board. Invited into the session were Planning Board Chairman Russ Shultis, Planning Board Member Dennis Suraci, Supervisor Elect John Coutant and Councilperson Elect Deborah Silvestro, and Building Inspector Tim Keefe. All Councilman present voted in favor. Motion Carried.

A motion to adjourn from Executive Session was made by Councilman Wayne Freer at 10:15 PM Seconded by Supervisor Ray Rice. All Town Board Members present voted in favor. Motion Carried.

A Motion to enter into Executive Session was made by Supervisor Rice and seconded by Councilman Wayne Freer at 10:15 PM to discuss a personnel matter in the Building Dept.
All Town Board Members voted in favor. Motion Carried.

A motion to adjourn from Executive Session was made by Supervisor Ray Rice at 10:25 PM and Councilman Wayne Freer seconded the motion. All Town Board Members voted in favor. Motion Carried.

A motion to adjourn the meeting was made by Councilman Gloria VanVliet and seconded by Councilman Wayne Freer at 10:25 PM. All Town Board Members voted in favor. Motion Carried.

Respectfully submitted,

Diane L. McCord
Town Clerk, CMC, RMC