JANUARY 18, 2007

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, January 18, 2007 in the Town Hall on Broadway in Port Ewen, New York at 7:30 PM with the following persons in attendance:

Supervisor John Coutant

Councilperson Gloria VanVliet

Councilperson Wayne Freer

Councilperson Michael Lange

Councilperson Deborah Silvestro

Administrative Recorder: Diane L. McCord, Town Clerk

Guests: Daily Freeman Reporter William Kemble

Michael Melendy

Sal Silvestro

Vince Fisher

James Lamb

Louise Ferrante

Michelle Higgins

Robert Wells

Roxanne Pecora, Planning Board Chairperson

Patti Kowatch

Joseph Eriole, Somerset Attorney

Nicholas Graviano, Somerset

Mary Jane Schwark

Pledge to the Flag

Supervisor John Coutant opened the meeting at 7:30 PM.

Public Comment: None


The Public Hearing was opened at 7:32 PM. Since the last Public Hearing the Supervisor explained we are at the point, as a Town Board, where our Town Planner Dan Shuster has put together an Amended Statement of Findings for Hudson Point P.U.D. There is no problem with Amended P.U.D. or the extension of the Port Ewen Water District, however, there is a problem with the Port Ewen Sewer Improvement Area. We thought all along the Port Ewen Sewer District was just that a district, however, we have discovered it is an "Improvement Area". Thus, the Public Hearing portion of this will be continued until we have a district instituted.

In 1997 there was an agreement with the City of Kingston for sewage treatment, however, there was never a change from the improvement area to a district due to a technicality. If it was not for Hudson Point we may have never discovered this problem for a long time.

Daily Freeman Report William Kemble asked if there was a problem with the sewer capacity? There appears to be a problem with the capacity for the total building out of the district. The Supervisor said the phasing in process has not been developed yet percentage wise or time wise. Since 1991 there has been a heavy degree of infiltration into our system with storm water. The manholes have never been sealed. In 1992 it was determined there are three breaks in the pipe and the infiltration gets into our pipes. Hudson Point has made commitments to help us take care of this problem and it should give them increased capacity. How much are they over asked Daily Freeman Reporter Kemble? Supervisor Coutant stated 115,000 to 118,000 a day will be what is needed. There are 72,000 gallons available without touching the infiltration problem. It gives us adequate time to correct the problem. This amount does not include the existing reserve. The situation with the water and sewer and any phase will be borne by the developer Hudson Point.

Councilperson Deborah Silvestro: 71,000 gallons per day is in the engineers report. That amount was stipulated by the Town Board several years ago. Brinnier & Larios comes up with 74,000 and to some extent we agree. In large part the Town Board chose a number to reserve. After the system is corrected the capacity will improve. The question is always about the actual capacity and is not tied to a number. We reserve 10.42 % of whatever the capacity is in Kingston. If their capacity increases our capacity will increase.

In 1997 when the 642,000 gallons for our users on this side of the Rondout Creek was determined, the basis of the Brinnier and Larios report is that there is adequate sewage at this moment and for the entire build out of the project. Brinnier and Larios said a manhole not sealed can place 91 gallons a minute into our sewer system. These are some real issues that need to be addressed said the Supervisor.

Councilperson Gloria VanVliet questioned the 1995 agreement with the City of Kingston for our sewage treatment? The original document was a thirty year agreement with three thirty year renewable terms. This document, according to Supervisor Coutant, was renewed in 1997 with the City. We are still up and running. We need to get together with them to see how much more capacity we have. The City is dealing with infiltration problems also. We have enough capacity for Hudson Point for the ten year build out. In terms of saving, every gallon of water dried up gives us another gallon of sewage that can be saved. The Town has been paying for the infiltration for many years.

There was a question about Senior Citizen Housing and the affordable housing being integrated into the other houses. They will be integrated. Councilperson Wayne Freer asked what is considered affordable housing? What is the range? Attorney Joe Eriole said there would be opened dialogue with the Town Board and with the County because of the approvals we have to have. As the project comes on line you must set the price of the manor units first. Nick Graviano
said the prices are normally based on the percentage of medium income in the area.

Planner Dan Shuster: The Local Law includes two relevant items. The houses will be integrated. The developer must submit a plan to the Town Board for approval.

Councilperson Gloria VanVliet: During the first public hearing there was a comment from Sally Buboltz. Traffic lights, if approved, who will pay for them? Developer Ralph Zucker said the language in the Local Law stipulates the developer must contribute a share to the traffic light. If we need a turning lane it will be covered by the developer. If we monitor traffic and we find there is an intersection that is failing and needs to be modified, we will pay. This is spelled out in the Local Law. The provision in the Findings Statement states Hudson Point will review and update this review every three years until the project is completed.

The intention now is to close the public hearing on the Finding Statements and on the PUD law and the Port Ewen Water District. We will continue the Public Hearing on the Sewer District and that meeting will be held February 15th.

A Motion was made by Councilperson Wayne Freer to close the Public Hearing on the Findings Statement, the Local Law on the Planned Unit Development (PUD), and on the Port Ewen Water District and continue the Public Hearing on the Sewer Improvement area until February 15, 2007. Supervisor Coutant seconded the Motion. All Town Board Members voted in favor. Motion Carried.

Officially the Supervisor wanted to say on behalf of the Town Board and the residents.....Welcome! Councilperson Deborah Silvestro said it is significant that a project in Kingston is changing their design to what Somerset is going to give us. Supervisor Coutant commented Hudson Point will be a forerunner for many projects like this and people will come. We are definitely on the right path.

Vince Fisher complimented Somerset on their determination. Supervisor Coutant said Somerset has met the requirements. He has known Ken Silver for many years and Ken waited until this project came along before he considered to do anything. He is very demanding for he would like to live in this community.

Town Board January 18, 2007 Meeting Continues

Public Comment: None

1. Approve Findings Statement for Hudson Point

Whereas, the Town Board has received a revised sketch plan application from Somerset Development, LLC (hereinafter "Applicant") pursuant to 123.55.D of the Planned Unit

Development section of the Zoning Ordinance of the Town of Esopus Town Code; and

Whereas, the Town of Esopus Planning Board on August 24, 2006 approved a revised Sketch Plan Review report to the Town Board; and

Whereas, the Planning Board on December 14, 1992, approved an Amended Statement of Findings with respect to the respect to the potential environmental impacts of the revised Hudson Point Project in accordance with its obligations as Lead Agency under SEQRA and has found that the plan mitigates or avoids all potential adverse impacts to the maximum extent practicable and contains additional conditions to be imposed on site development, including review of more detailed plans prior to site plan approval; and

Whereas, the Town Board has reviewed the Planning Board’s report and Amended Findings Statement as well as all other materials submitted by the Applicant and caused an Amended Findings Statement to be drafted by its planning consultant;

Now, Therefore be it Resolved, by the Town of Esopus Town Board, that:

The Amended Statement of Findings dated January 18, 2007 is hereby approved and adopted and fulfills the town Board’s obligations for this action under SEQRA.

The aforementioned matters were approved by the Town Board of the Town of Esopus in accordance with the following vote:

Aye Nay

John Coutant, Supervisor X

Gloria VanVliet, Councilperson X

Wayne Freer, Councilperson X

Michael Lange, Councilperson X

Deborah Silvestro, Councilperson X

Dated: January 18, 2007


Planner Dan Shuster answered several questions from the Town Board prior to the vote. Councilperson Deborah Silvestro was assured the Town Board would retain approval of the access of the roadway serving the project. When the Planning Board considers the site plan they would have to go to the Town Board?

Attorney Joe Eriole - Somerset: If during the site plan review other arrangements are made that perhaps will make more sense, then they will have to come and ask if this makes sense to the Town Board? You do not want to take site plan review away from the Planning Board.

Dan Shuster stated that a, b, and c establishes the basic ground rules. Chairperson Roxanne Pecora said there was need for flexibility. Our goal is two access roads.

2. Approve PUD Local Law No. 1 for 2007

See Attached Document

The aforementioned matters were approved by the Town Board of the Town of Esopus in accordance with the following vote:


John Coutant, Supervisor X

Gloria VanVliet, Councilperson X

Wayne Freer, Councilperson X

Michael Lange, Councilperson X

Deborah Silvestro, Councilperson X

Dated: January 18, 2007

A Motion was made by Councilperson Michael Lange and seconded by Councilperson Wayne Freer to authorize Attorney Paul Kellar to write the Resolution to authorize the extension of the water district to vote on later. All Town Board Members voted in favor.

Motion Carried.

Ralph Zucker (developer): Ralph Zucker complemented the Town Board and the Planning Board for their efforts. "We do this for a living and take this very seriously and we realize what we do effects people forever. We can only do this work with integrity. Everyone has worked very hard. Sometimes we have people on the other side of the table and they are placing in us their trust and hope for the future. Thank you very much and thank you Dan Shuster. Dan Shuster thanked Ralph Zucker and said the project will be worth the effort.

A Motion to take a five minute recess was made by Councilperson Wayne Freer and seconded by Councilperson Michael Lange. All Town Board Members voted in favor.

The meeting continued:

Health Insurance....................

Councilperson Deborah Silvestro

"One year ago, this Town Board promised to re examine its benefits policy, particularly in regards to health insurance. Since that time, there has been money spent on legal consultations that has been directed toward eliminating benefits promised in the Employee Handbook and Town Code, rather than true reform. Taxpayer money was wasted rather than constructively directed. The system as it has been administered has not been equitable and fair, but has been used as a system of favoritism and perks. Waste and dollars needlessly spent, with no additional benefit to our employees, has been the practice. A healthy work force is invaluable to the Town. People over the age of 65 are covered by insurance policies equal to what is provided for current employees. This is a duplication of benefits that are already provided by the Federal Government and which has been paid for by tax paying workers. GHI offers a Medigap supplement Plan which is in conjunction with Medicare Part A & B is the equivalent to the best group plan the company offers, at less than half the cost. Why is the Town of Esopus paying more than is necessary? Due to rising insurance costs, Buy-Outs which are not standard in the business world, have become a source of income, padding salaries of some, to the disadvantage of workers who do not have the same opportunity to earn this bonus. Health Insurance is not income; health insurance is a necessity. It relieves the fear of financial ruin that illness can afflict on families. As prices differ with agencies and companies, the Town should regularly seek bids to assure that it is receiving the most competitive price for the best product. Our employees deserve the best, but our taxpayers deserve accountability. By eliminating duplication and waste, more employees can be covered at no additional cost to the Town. A careful evaluation, which was promised but not pursued, is the answer. With this is mind, I offer the following resolution for the boards consideration:"

There was strenuous opposition to this Resolution being read and more strenuous opposition by Sal Silvestro to the resolution not being read.

The following Resolution was offered by Councilperson Deborah Silvestro:

Resolution to Reform Employee Benefits

Whereas, in February of 2006, the Town Board proposed and carried a motion to review the employee handbook, and "make whatever changes we need to make" regarding employee health insurance and Buy-Outs,

Whereas, nearly $1,300 of taxpayer money has been spent on legal fees not to review, but to specifically change wording to eliminate health insurance and Buy-Outs for specific members within a group,

Whereas, giving benefits to one member of a group while denying another member is discrimination and illegal under New York State Insurance Law,

Whereas, mandated practices regarding employees are currently not being followed as written in the Employee Handbook and Town Code,

Whereas, providing insurance is a benefit to the Town in that it insures a healthy work force,

Whereas, Buy-Outs create an unequal source of additional income that not all employees are eligible to participate in,

Resolved, that language regarding full time employees and Elected Officials pertaining to eligibility remain the same in the Employee Handbook and Town Code,

Resolved, that all future Elected Officials be offered health insurance at a 50% contribution to the cost of health insurance premium, after 10 consecutive years of service as either an employee or an Elected Official, the Elected Officials contribution will be 20%, and with 15 consecutive years, the contribution will be 10%.

Resolved, all current Buy-Outs are reduced to $1,000 per person for employees who are already provided with health insurance through a spouse or other employment,

Resolved, any migration to the Town’s current health insurance program will constitute new employee participation and therefore be subject to a 10 % employee contribution to the cost of health insurance premium, with the aforementioned schedule for Elected Officials,

Resolved, that employees or retirees upon reaching the age of 65, notify the Town as per instruction of the health insurance provider and the Employee Handbook, and be enrolled in Medicare as the primary coverage with each eligible family member required to change their medical insurance plan to a supplemental coverage plan, which will provide full protection without duplication of benefits,

Therefore, Be it Resolved, that the Employee Handbook shall be rewritten to reflect these changes which will serve to the benefit of both employees and the Town, create a more equal standing among employees, and follow the intent of the original law as well as comply with New York State Insurance Law.

No second was given to this Resolution.

Councilperson Wayne Freer stated that anything brought before the Town Board must be reviewed before voting. Councilperson Gloria VanVliet said there were some items about changing the Buy-Out and changing the benefits. We were told it was too late to do anything until the end of the year in October.

3. Update - Town Hall - Senator Larkin

A meeting was held with Senator Bill Larkin concerning the funding of the new Town Hall Building. Due to the increased costs the Town Hall has escalated in price. Supervisor John Coutant, Councilperson Gloria VanVliet, Charles Wesley and Architect Joseph Hurwitz met with the Senator to see if the state could help. The following letters were written:

Dear Senator Larkin:

As per your request please find attached the low bid amounts received on October 3, 2006 for our new Town Hall.

These numbers reflect about $900,000 over our anticipated cost of construction.

Please keep us advised of your progress in securing the additional funds needed to complete our new Town Hall.

Your understanding in this matter and knowledge of the current economic problems causing this short in funding was refreshing to us.

In conclusion I would like to thank you for taking the time to meet with us and we look forward to your help.

Very truly yours,

John K. Coutant, Supervisor

Mr. John Coutant

P O Box 700

Port Ewen, New York 12466

Re: Esopus Town Hall Bid Summary

Dear Mr. Coutant:

Per the bids received on October 3, 2006 the following are the low bid amounts by trade:

General Construction: $4,325,200.00

Plumbing: $ 198,410.00

Sprinkler: $ 117,175.00

Mechanical: $ 837,270.00

Electrical: $ 607,061.00

Total Bid Amount (Low Bidders): $6,085,116.00


Joseph Hurwitz

Joseph Hurwitz & Assoc. Architects

While visiting with Senator Larkin the question of a $50,000 grant from 2004 not being received

was discussed. Senator Larkin checked and it was discovered the amount was approved, however, the paperwork was never received. The amount was still available. The Supervisor was being sent another copy of the paperwork to fill out.

Sal Silvestro asked if the previous Supervisor had been asked about this? Supervisor Coutant said no. Sal Silvestro continued ....then how do you know the paperwork was not completed?

We know, said the current Supervisor, because it was never received by the state and this was checked out by Sen. Larkin. Charles Wesley was asked if this what we were told by the

Senator? Charles Wesley answered yes. Councilperson Gloria VanVliet agreed saying that was the information conferred to us.

4. Cut off Date for Town Board Meeting Agenda

A cut off date has been established for the Town Board agenda. The Supervisor gave the following announcement:

"Please be advised that I am establishing a cut off date of (7) seven days prior to the Town Board Meeting Workshop held on the Tuesday prior to the 3rd Thursday of each month. This is being done to allow ample time for our council people to review the material, etc. prior to our monthly meetings."

5. Resolution - Delegate to Association of Towns Meeting Feb. 18-21, 2007

Whereas, there is a need to appoint an official delegate to the Association of Towns Meeting to be held in New York on February 18th thru 21st, 2007.

Therefore, Be it Resolved, that Councilperson Gloria VanVliet is authorized to act as such and officially vote on issues on behalf of the Town of Esopus.

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Wayne Freer

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Councilperson Michael Lange Aye

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

6. Resolution - Payment of Expenses Relative to Association of Towns Meeting Feb. 18-21

Whereas, expenses shall be incurred by person attending the Association of Towns Meeting held in New York City on February 18th thru 21st, 2007.

Therefore, Be it Resolved, that such expenses incurred relative to this meeting be paid by the Town of Esopus.

The following people have advised that they will be attending:

Councilperson Gloria VanVliet and Councilperson Deborah Silvestro

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Wayne Freer

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Councilperson Michael Lange Aye

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

7. Explore NY 400 - Resolution

Resolution - Explore NY 400 Community

Whereas, the New York State Hudson-Fulton-Champlain Quadricentennial Commission was established under Chapter 590 of the Laws of 2002, to plan, develop, and coordinate the 400th anniversary, in 2009, of the voyages of exploration made by Henry Hudson and Samuel de Champlain as well as the 200th anniversary of Robert Fulton’s steamship voyage up the Hudson River, and

Whereas, these historic voyages of exploration in 1609 would change the world forever and lead to the European settlement of the New World and the innovation of steam travel and commerce in 1807, establishing the Hudson River and Lake Champlain as a corridor of trade, communication, politics and ideas, and that further, this vital north-south corridor of water created other water links such as the Champlain and Erie Canals, which provided opportunities inland and encouraged the westward movement through these water routes; and

Whereas, the State and the Federal governments recognize the voyages of exploration and invention to be of historical importance and significance to New York State and the nation and recognize the tradition to observe these contributions made by Hudson, Fulton, and Champlain, by commemorating these events in 2009,

Whereas, the State and the federal governments recognize the voyages of exploration and invention to be of historical importance and significance to New York State and the nation and recognize the tradition to observe these contributions made by Hudson, Fulton, and Champlain, by commemorating these events in 2009.

Whereas, as an Explore NY 400 Community, the community may use the Explore NY 400 logo, link to the Explore NY 400 website, and may be eligible for either state or federal grant money to assist in Quadricentennial planning, events, and legacy projects; and

Be it Further Resolved, the Town of Esopus named below supports the mission of the Hudson-

Fulton-Champlain Quadricentennial Commission, and requests designation as an Explore NY 400 Community, and will be an active partner by establishing an Explore NY 400 Committee, and will cooperate to its fullest with the Commission in making the 400th anniversary a successful historic New York State event.

Resolution offered by: Councilperson Michael Lange

Seconded by: Councilperson Deborah Silvestro

Approved: Town Board Members All Voted in Favor

Resolution dully adopted.

Date: January 18, 2007

Town of Esopus Town Council

8. Liaison Appointments

The Supervisor has made the following liaison appointments:

Port Ewen Water and Sewer Dept............................................. Councilperson Michael Lange

Building and Planning Dept....................................................... Councilperson Gloria VanVliet

Recreation Board...................................................................... Councilperson Deborah Silvestro

Transfer Station......................................................................... Councilperson Michael Lange

Waterfront/Environmental Boards............................................. Councilperson Deborah Silvestro

Highway Dept........................................................................... Councilperson Wayne Freer

Assessor’s Office....................................................................... Councilperson Michael Lange

Dog Warden.............................................................................. Councilperson Wayne Freer

Zoning Board of Appeals........................................................... Councilperson Gloria VanVliet

Justices...................................................................................... Councilperson Wayne Freer

Town Hall Project...................................................................... Supervisor John Coutant

9. Sleightsburgh Park Chain/Camera

The Supervisor spoke about 72 tires being illegally dumped at the Sleightsburgh Park and how garbage is constantly dropped at the park. In order to correct this problem the town will install two posts, six by six with a chain. A sign will be posted stating the park is closed for the season.

Central Hudson has a right of way for a gas pipe and when the posts are placed and the chain is
ready there will be a lock on each side for the town and for Cental Hudson. The park will again open when the weather permits.

10. 2007 DWI/DWAI Contract

The following agreement was offered by Councilperson Wayne Freer and seconded by Councilperson Wayne Freer. All Town Board Members voted in favor of signing the agreement. Carried.

DWI/DWAI Agreement 2006

This agreement, made this 14th day of December 2006 between the County of Ulster, a

municipal corporation having its principal place of business at 244 Fair Street, Kingston, New York (the "County") and the

Town of Esopus, New York, having its principal place of business at Town Hall, 172 Broadway, Port Ewen, New York 12466 (the "Agency")


Whereas, the County has by Resolution Number 418, passed on December 6, 2006 authorized the Chairman of the Ulster County Legislature to enter into an agreement with the Agency whereby the Agency is to provide prosecutorial information on DWAI and DWI’s that are disposed of (innocent or guilty) in court within the Agency’s geographic limits, and

Whereas, it is required that data collection be as comprehensive as possible and this Agreement with the Agency will help Ulster County to comply with State Vehicle & Traffic Law section 1197 and

Whereas, the Agency is qualified and willing to provide the services required by such project, as are more particularly set forth and described in Schedule "A" annexed hereto,

Now, Therefore, it is mutually agreed between the parties as follows:

1. Services: The Agency agrees to perform the services set forth and described in Schedule "A" annexed hereto for the term of this Agreement and subject to the conditions hereinafter provided.

2. Term of Agreement: This Agreement shall take effect on January 1, 2007 and shall continue in full force and effect until December 31, 2007 unless sooner terminated. Either party may terminate this Agreement by giving to the other five (5) days’ notice in writing, addressed by registered or certified mail to the above listed addresses, of its election to terminate.

3. Payment: The Agency shall submit to the County an invoice for services rendered during the prior quarter as are more particularly set forth and described in Schedule "B" annexed hereto and prepared in such form and supported by such documents as the County may reasonable require. Payment shall not exceed $10.00 per disposition of DWI or DWAI (innocent or guilty).

4. Furnishing of Equipment: To assist the Agency in performing the services to be rendered under this Agreement, the County shall provide needed forms as specified in Schedule "A".

5. Agency Independent Contractor: The Agency agrees that its relationship to the County or any of its departments or units is that of an independent contractor, and said Agency covenants and agrees that it will conduct itself in a manner consistent with such status; that it will neither hold itself out as, nor claim to be, an officer or employee of the County by reason hereof, and that it will not make any claim, demand or application to, or for any right or privilege applicable to an officer or employee of the County, including, but not limited to, Worker’s Compensation Coverage, Unemployment Insurance Benefits, Social Security Coverage, or retirement membership or credit.

6. Agency Compliance With Laws: The Agency agrees that it will fully comply with all Federal, State and County policies, procedures, standards and laws, rules and regulations applicable to the Agreement herein.

7. Modifications To Be In Writing: The terms of this Agreement, including its attachments and exhibits, represent the final intent of the parties. Any modification, rescission or waiver of the terms of this Agreement will be effective only if evidenced by a subsequent writing which is executed and acknowledged by the parties with the same formalities accorded in this Agreement.

8. Funding Limits: Notwithstanding the County’s obligations otherwise contained in this Agreement, the County shall not be obligated to appropriate funds or to pay for any services hereunder in any amount above and beyond funds which may be budgeted by and provided by the STOP SEI Program for the purpose of court reimbursement.

This Agreement shall be deemed executory to the extent of such funds as may be provided by the State. The County agrees to notify the Agency as soon as possible after it has received information that the funding provided by the State is, or will be inadequate to completely pay for the services under this Agreement. The County shall have the option of canceling this Agreement or reducing the scope of the services to be provided and the amount of payments thereof.

In Witness Whereof, this Agreement has been executed by the duly authorized officers of the respective parties.

John Miller - Coordinator David B. Donaldson, Chairman John Coutant

County of Ulster Supervisor

11. Central Hudson Community Briefing Program

Supervisor Coutant explained in times of disaster floods, snow or ice storms, etc., people who must be in know, Central Hudson will contact giving recent updates on the disaster and where power lines are down and the approximate time when the lines will be repaired. Supervisor John Coutant will be the first contact and Councilperson Wayne Freer will the second contact.

12. Colin Evans - Motion to change appointment from 2 to 3 years

A Motion was made by Councilperson Michael Lange and seconded by Councilperson Wayne Freer to change the appointment of the Kingston Public Access term from two to three years. Colin Evans was appointed in January and his term will be changed to a three year term. All Town Board Members voted in favor. Motion Carried.

13. Resolution to re-appoint P/T Deputy Building Inspector

Whereas, Building Inspector Tim Keefe has advised the Town of Esopus Town Board that it may take up to six months to interview and hire another full time code enforcement officer and

Whereas, he has recommended that a person be hired on an interim basis for emergency situations.

Therefore, Be it Resolved, that Salvatore Morello III be reappointed to the position of interim Building Inspector and he perform the duties of Building Inspector until such time as a full time person is secured.

Resolution offered by Councilperson Michael Lange

Resolution seconded by Councilperson Gloria VanVliet

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Councilperson Michael Lange Aye

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

14. Resolution to Appoint Park Scheduling Person

Whereas, the appointment of a Ross Park Scheduling Person was not done at the Town of

Esopus Organizational Meeting held on January 2, 2007 and

Whereas, the Town Board has determined a need for a person to handle the scheduling of Ross Park and changing the sign in front of the Town Hall,

Therefore, Be it Resolved, that Colleen VanBuren be appointed to the position of Park Scheduler with the term of appointment terminating on December 31, 2007 and that this position be reviewed in the future..

Resolution offered by Councilperson Michael Lange

Resolution seconded by Councilperson Gloria VanVliet

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Councilperson Michael Lange Aye

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

There was discussion .....Councilperson Freer believes all park scheduling should be through the Town Clerk in the Town Hall as it is with George Freer Memorial Park. The changing of the sign in front of Town Hall is done through the Clerk placing messages in Colleen’s basket.

15. Payment of Bills

Resolution Authorizing the Payment of Bills Received Since January 2007

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 #071001-071002 $ 20,891.55

Highway Fund # 072001-072016 $ 52,867.05

Capital Fund #

Street Lighting # 076001 $ 4,490.95

Port Ewen Sewer # 073001-073006 $ 4,629.47

Port Ewen Water # 074001-074022 $11,017.02

Total..............................................................................................$ 93,896.04

Resolution offered by

Resolution seconded by

Supervisor John Coutant

Councilperson Gloria VanVliet

Councilman Wayne Freer

Councilman Michael Lange

Councilperson Deborah Silvestro

Resolution duly adopted.

16. Acceptance of Monthly Minutes

A Motion to approve the Minutes of the previous meetings was made by Supervisor John Coutant and seconded by Councilperson Michael Lange. All Town Board Members voted in favor. Motion Carried.

17. Resolution for Search Committee for Town Historian - January 18, 2007

Whereas, the Town Board of the Town of Esopus did not appoint a Town Historian at its’ January 2, 2007 Organizational Meeting; and

Whereas, it is the intention of the Town Board to appoint a Search Committee for the purpose of seeking applications for the position of Town Historian by way of newspaper ads and articles; and

Whereas, the Search Committee will consist of no more than five members and must bring their recommendations to the Town of Esopus Town Board by June 1, 2007 at which time, the Town Board will make the final decision for the appointment;

Whereas, qualified applicants who are town residents will be given preference in the decision process,

Now, Therefore, Be it Resolved, that Alexander Contini, President of the Klyne Historical Society is hereby appointed Committee Chair assigned with the task of assembling the above mentioned Search Committee for the purpose of finding a suitable Town Historian candidate.

Resolution offered by Councilperson Gloria VanVliet

Resolution seconded by Councilperson Wayne Freer

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Councilperson Michael Lange Aye

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

18. Insurance Proposal

Supervisor Coutant said all litigation has been settled other than one very small case. Last year we invited Nancy Coyne from Wright Risk Management to review our town and we have complied with all her recommendations. She suggested we write to NYMIR our prime insurance carrier and ask our rates be reduced. The liability coverage will cost $1,753 extra for an

additional $1,000,000 in coverage and this amount is half of what the normal price would be. We have been raised in our insurance costs due to the Sleightsburgh Park lawsuit. The costs of damages were beyond our liability coverage. The liability cost of coverage has now been reduced

Supervisor asked the Town Board to call him to authorize the purchase of the extra insurance?

19. Communications and Reports of Committees

The correspondence for the month is available in the Town Clerks’ Office. The following reports have been received:

Town Clerks’ Annual Report 2006

Town Clerks December Report 2006

Building Dept. Annual Report for 2006

Building Dept. Monthly Report

Assessor’s Monthly Report for January 2007

Highway Supt. Report December 2006

Minutes of Zoning Board of Appeals

Minutes of Environmental Board

Minutes of Waterfront Advisory Board

Planning Board Minutes for December 2006

Zoning Board of Appeals Minutes

Public Comment:

Patti Kowatch: If the Town Board is able to get the additional one million dollars for the Town Hall from the state would you place the extra $500,000 you borrowed on hold? Supervisor Coutant we cannot put the money on hold. Councilperson Wayne Freer said if we proceed at this point and the extra money comes to us we would use it to pay back the additional money borrowed. With regard to the cost of the Town Hall project, what is the bottom figure asked Patti Kowatch? Supervisor Coutant said the amount depends on the new bids when received.

Will an audit of the town books be done? The Town Board will take this into consideration.

Vince Fisher: The $500,000 will not be borrowed if the extra money comes in? If the extra money comes in we will not take it. Supervisor Coutant stated the Town Board does not want to place any more tax burden on the taxpayers than necessary. Vince Fisher asked if the town was bound to borrow the $500,000. No.

Councilperson Deborah Silvestro: The Office of the State Comptroller has made a change from 60 days to 90 days for the Supervisors’ Annual Audit. Supervisor Coutant said this report has been done. There is not much showing the process that was used previously.

Patti Kowatch: Is there a spending cap on the Town Hall? Is there a number you will not go over? You have no budgetary constraint. Councilperson Wayne Freer said he had a cap in his

mind. If you set a figure that allows each bidder to know what the bottom line is. I want the bidder to come in as low as possible.

Vince Fisher: He disagreed. We have no control over gas prices yet you (The Town Board) have total control over the Town Hall budgetary limit.

Councilperson Gloria VanVliet: We are not seeing this as unlimited funds. I am a taxpayer and I want to keep it as low as possible. Councilperson Wayne Freer said when figures get out the bidders are looking at them.

Roscoe Pecora:

1. Roscoe Pecora asked how the dog attendant Walter VanLeuven was after being bitten by a dog at the kennel? Supervisor Coutant said he was healing nicely. We made sure to meet him at the hospital. We now have a radio activated unit and with the push of a button it will activate an alarm.

2. Roscoe asked the Town Clerk to get information from the Town of Hurley about their dog ordinances. We are awaiting that copy to save on some legal work.

3. Another subject Roscoe Pecora raised was giving out a number for the building project. The Library did not publicize a number.

4. The issue raised by Councilperson Silvestro raises a larger issue. What this calls for, at this time, is you need to have a committee to evaluate all the salaries of all the employees and their benefits. Not only the longevity issue for that is only half the job. You have an issue about a part time Councilperson. The pay scale issue should be explored in a larger and more professional manner. A Committee should be put together to see what is really fair. The Councilperson position should not have medical benefits. This should be a non partisan Committee. Ulster County has done this. The Town Board took the first step in this to go after a committee to address the longevity issue but if you do not address the salary issue you will have employees leaving.

Councilperson Gloria VanVliet: The Town Board addressed this at our Workshop Meeting. In

2003 Amtek gave us a proposal for wages and this was quite expensive. Surely there are other consultants who are unbiased who look at the benefits and salaries and compare them asked Roscoe Pecora? On a county level they hired someone to do this. Get volunteers to assist you and make it more affordable so that it will make the employees happy and be fair to the elected officials..

Sal Silvestro: Sal Silvestro made a comment about insurance. New York State Insurance Law is the underlying factor and before you make a decision on group insurance you must follow New York State Law.

Councilperson Deborah Silvestro: The Employee Handbook is very well written but it is not followed in all cases. Sal Silvestro said the problem arises with the interpretation. In regard to what Patti Kowatch said about putting a cap on already broadcast a cap.

Councilperson Wayne Freer we may or may not get one million dollars. Sal said the contractors already know what you have to spend.

Roxanne Pecora: She was here the day Walter VanLeuven was bitten. She thanked the Town Clerk and Supervisor who got involved in helping the gentlemen. The man at the transfer station did not hear Walter being attacked. We must look out after our employees. She also agreed with Roscoe Pecora about hiring a firm to do the study.

Vince Fisher: Concerning the resolution offered by Councilperson Silvestro. I do not think it is ever out of order for you as the Town Board to offer a resolution. Supervisor Coutant said this issue was not raised at the Workshop Meeting, we knew nothing about it. Vince Fisher should listen to the resolution and then deal with it. Do not jump on the person raising the resolution for it is impolite and unprofessional.

A Motion to adjourn was made by Councilperson Michael Lange and seconded by Councilperson Wayne Freer at 10:15 PM. All Town Board Members voted in favor. Motion Carried.

Respectfully submitted,

Diane L. McCord

Town Clerk, CMC, RMC

Dist. 2 Dir. NYSTCA