TOWN BOARD MEETING
FEBRUARY 21, 2008

A regularly scheduled meeting of the Town of Esopus Town Board was held on February 20,
2008 at 7:30 PM in the Town Hall on Broadway in Port Ewen, New York with the following
persons in attendance:

Supervisor John Coutant
Councilperson Gloria VanVliet
Councilperson Wayne Freer
Councilperson Deborah Silvestro
Councilperson Carl Belfiglio

Administrative Recorder: Diane L. McCord, Town Clerk

Charles Wesley, Clerk of the Works
Dennis Doyle, Ulster County Planning Dept.
Guy Kemp, RUPCO

Pledge to the Flag

Public Comment:

Sally Buboltz: Sally Buboltz is in favor of applying for the Main St. Grant, however, her
concern is the local people not supporting the businesses we have. We must be good stewards.
In the past, we have not supported the businesses we already have. We as citizens need to be
concerned with that.

1. Town Hall Update - Charles Wesley

Charles Wesley gave the following report:

Progress from Friday, January 18th through Thursday, February 21, 2008 (25 possible working
days).

(22) working days logged for this period, (2) day lost due to wintery conditions (ice) (1) day lost
due to the Presidents Day Holiday.

∙ Steel decking at Main Level is in place, and has been inspected.
∙ Sleeves and penetrations for Plumbing and HVAC (though the decking) has been
completed.
∙ Roof Truss Clips attached to Second Level perimeter steel are in place, and roof trusses
have been set.
∙ Backfilling at the Northeast corner of the building has been completed for easier access
when transporting materials and equipment into the building
∙ .Closing in of building is underway.
∙ Water line has been marked out and the hydrant location set by Brinnier and Larios.
∙ Water main pipes and fittings have been delivered to the site, and excavation and
installation is underway. (Approx. 250 ft. of pipe is in place). (Joint effort between the
Water Dept. and the Highway Dept.)

Tom Daniele has been notified of our intentions in the form of a letter, which was
composed by me, reviewed and approved by Dan Adams, and sent via certified mail.

∙ All remaining steel connections and fasteners have been inspected and approved by our
independent inspection agency (CME).
∙ A meeting was held on Friday, February 8th at the offices of Brinnier and Larios to
discuss and negotiate payment for qualities of rock encountered, and methods used to
remove this rock by our site contractor. In attendance, in addition to myself were
representatives from Merritt Construction, Brinnier and Larios, and Joseph Hurwitz and
Associates.
∙ Our contract bid quantity allowance for mass rock removal was 2,000 cu. yds. At $28.00
per cu. yd. ($84,000).
∙ Merritt had submitted an Application and Certification for Payment, which included:
2300 cu. yds. Of mass rock removed @ $28.00 per yd. totaling $64,000.00
454 cu. yds. Of trench rock removed @ $135.00 per yd. totaling $61,300.00
Totaling...............$125,700.00
(This would have exceeded our projected budget by 50% or $41,700.00)
∙ As a result of negotiations, Merritt has agreed to receive a total payment of $90,000.00
for all rock removed (Mass and Trench).
∙ This negotiated number represents a reduction of $85 %, or $35,700.00) less than the
overage (extra) amount originally applied for.
∙ Although this is approximately 7%, or $6,000.00 over budget for the removal of rock, we
have a credit due us for the amount of $6,835.15 for paving at the Rt. 9W entrance.
∙ This leaves us with a small ($835.15) net gain credit.
∙ Pete Mattson NYSDOT has submitted our Reimbursement Application which includes
additional funding for Architectural fees, soft costs, and emergency power, which did not
appear on our original application. He also requested a change in the rate of
reimbursement, which if approved, should equate to a greater percentage of available
funds per application.
We may request payment reimbursement at any time. Peter has offered to guide us in
this process if we need assistance.”


Credit was given to Brinnier and Larios for helping us with the numbers on the rock.

2. Dennis Doyle - Ulster County Planning Board

Supervisor Coutant stated the Town Board had some questions about the Main St. Grant in the
Workshop Meeting held last Tuesday evening. We looked at a copy of last years grant
application and we looked at some of the criteria. No. 1 is design and we ask who is responsible
for design and control of it? There was an article in the newspaper that was not accurate
concerning this. Dennis Doyle stated he would like to disentangle some of it.

We worked on a Main St. application and program for Port Ewen. This is being done through
our office and is funded with a grant from New York State. It is at your request we are here.
Out of this, will come another tool, RUPCO acting as a non-profit help with this grant. We
provide technical assistance. We are doing this for affordable housing and economic
development. We review municipal zoning taking place within a certain distance of major
roads. We review site plans for Planning Boards, zoning area and use variances and Town
Board actions. Amending zoning statutes, amending sub-divisions, adopting plans. We as the
County Planning Board have a responsibility under law to review those items. The Board has
twenty-six members representing all the municipalities in Ulster County, they are recommended by their respective towns and they serve four years.

With respect to Main St. Those recommendations of the board are policies that have existed for years. The recommendations coming back from Ulster County Planning Board are not particular to the Main St. Grant. As the Town Board you should recognize that your grant produces no additional leverage or responsibility as it relates to the Ulster County Planning Boards’ statutory review of zoning actions within. It is your grant, its’ your Main St., it is your decision. The County Planning Board will operate separate from that and making their recommendations as it relates to land use and land use decisions along your streets and within your community as it has done since 1968. If there are any questions regarding that I will answer them now.

Councilperson Carl Belfiglio said we have a Stake-Holders Committee and we are the ones who will design what we would like to see. There are considerations for zoning. The committee would have to bring those considerations to the Town Board, to the Planning Board and to the Zoning Board? According to Dennis Doyle the Main St. Committee is working separately and independently with respect to any recommendation that the committee has back to the Town Board if you are considering amending the zoning code. One is a statutory responsibility considered by members of the Town Planning Board and the other is a local stake-holders group that is advising the community. The Town Board needs to remember that when it considers the grant. The County Planning Board supports Main Streets in regard to funding for them, looking for economic initiatives associated with that. We can have additional discussions about this
grant or other funding sources available such as block grant funds or revolving loan funds.

Supervisor Coutant asked about “an administrative plan” and design issues. Are there
restrictions on the use of vinyl aluminum siding? The answer to that is yes. Can the funds be
used to fund interior plastic signs?....No. We have some serious restrictions coming our way
with the use of the funds. There was disagreement as to whether the Supervisor was reading
from last years application or this years? The Supervisor said this was current. The question
about the vinyl siding......could it be covered under the Main St. Grant? No.....it would not be
funded but you would be allowed to put on vinyl siding if you paid for it yourself.

The whole function of this grant is really cosmetic according to Councilperson Deborah
Silvestro.
Up in Catskill there were storefronts that were not required to restore their fronts to historical
accuracy ....they just were able to take out some of the horrible improvements that were made in
the 1950's. They just did minimal restorations that brought them in character with the rest of the
neighborhood.. The amount of money we are talking about going to each individual
homeowner or business owner is minimal. A maximum of $10,000 matching grant and there is
not much that could be done that would be considered a major alteration. Catskill is going now
for their sixth Main St. Grant. The main concern the Town Board has is control said the
Supervisor. Councilperson Freer stated if it is new construction or reconstruction that requires
going before our local board and going up to the County board will they use what is in this as
their guideline for whether or not people can put up what they would like? Dennis Doyle said
the grant itself is prescriptive. The grant sets the guidelines for what you need to do to get the
money. Councilperson Freer......besides the money. The Planning Board and the Zoning Board
will use this as a guideline for new construction and reconstruction? Dennis Doyle answered
from the County Planning Boards’ perspective we have not delved into those specific things you
are talking about on an individual project basis. After the grant will we make
recommendations...yes....we do it all the time. Absolutely. We will not reach back into this
grant and say you should have done this.

Guy Kemp.....design guidelines may be promoted or suggested from members of the community
to help create some commonality. (The Supervisor said the Town Board had a problem with the
word “suggested”. We do not want to see suggested become mandatory. We want to make sure
the Town Board maintains control.) There is a collective impulse to protect the property values
by people who looking to make an investment or reinvestment to their properties on Main St. In
order to have some design guidelines...they would have to go to you for approval. It is possible
that there would be proposed applications for changes to the zoning codes. Councilperson Freer
had a question if the guidelines would be changed by implementing the grant and the answer was
no.

Dennis Doyle.....you see a significant change to your Main St. by having an overlay district, your
PUD and your Comprehensive Plan and the State of New York’s investment on Broadway and
the logical progression of that is how do we allow new development to occur? We are seeing on
a Countywide basis design guidelines being put in place by your Planning Boards’. Guidelines
within the statutes helps Planning Board’s in their decision making.

Councilperson Freer gave an example .....if the County Planning Board makes a
recommendation....is it true our local Planning Board has to have a majority plus one decision to
override the decision? Dennis Doyle gave a short answer if we make a binding recommendation
it requires a majority plus one to override the decision. Typically those binding
recommendations specifically relate to things that deal with public health and safety....traffic
access to highways, looking at water and sewer locations and site distances, etc.

Basically, the Ulster County Planning Board is required to do statutory reviews of our zoning
code or our proposed zoning codes but you are not allowed to interpret it for us asked
Councilperson Silvestro? No, interpretation rests with the Zoning Board of Review said Dennis
Doyle. Those interpretations are sent to the County Planning and we get to weigh in on what the
interpretation is. Some towns write zoning statues and that can become very technical. We do
not interpret your law we essentially make recommendation on it. Our recommendation to what
occurs in your community will have little effect on what the town submits as a grant. We think
it is extremely appropriate for the town to apply for this grant. We want you to be successful.
We also have the Ulster Tomorrow effort which we sponsor for economic development.

Councilperson Freer had some questions in relationship to our Planning Board. This does not
have anything to do with the grant we will be applying for. We have consultants and attorneys
and we have a lot of knowledge within our Planning Board. Do you have the same consultants
and attorneys to go over things. Dennis Doyle said yes...within house. We see those
applications and in many cases we help in the development of those applications. Your Planning
Board Chair ison our Planning Board and we have conversations sometimes weekly. You should
know as it moves up to the County Planning Board there is a NYS law to recluse yourself if you
are involved in the local Planning Board submitting the application. If this happens in Esopus
Roxanne Pecora cannot vote on it. Is there a duplication of services here asked Councilperson
Freer. The County Planning Board works on County-wide impacts. We are also looking at
wider issues. It is not a duplication of services. Dennis Doyle offered to come to any Town
Board or Planning Board Meeting if there is an issue.

Lois Ingellis: We have had 45 people at a Main St. Grant Meeting and there is a lot of
enthusiasm to go ahead with this grant. Everyone is invited to be at these meetings. We even
welcome people who will be against it. We need and want a lot of input. We were concerned
with mandated items and that has been answered tonight. The next meeting is March 31st at the
Library at 6 PM.

Town of Esopus
Resolution to Support of 2008 NY Main Street Funding Opportunity

WHEREAS, The Town of Esopus is committed to support the private and public sector efforts
to promote renewed commercial vitality and neighborhood improvement, and;

WHEREAS, The State of New York Department of Housing and Community Renewal (DHCR)
has made funding available under the New York Main Street Program to assist communities
restore and improve downtown core commercial areas, and;

WHEREAS, Rural Ulster Preservation Company (RUPCO) is a qualified applicant under the
Program, and;

WHEREAS, RUPCO has a successful track record in preparing, submitting, securing,
delivering and administering funds for community development programs throughout Ulster
County, and;

WHEREAS, A 2007 survey of property owners identified a requisite level of interest to justify
the time, volunteer effort and expense of preparing the grant;

WHEREAS, A grant application prepared by RUPCO and submitted to DHCR in March 2007
was evaluated and found to be competitive, but was not funded in 2007, and;

WHEREAS, a STAKEHOLDER’S MEETING HELD ON January 24, 2008 identified a
requisite level of public interest and support of the Main Street Program to justify the added
time, volunteer effort and expense of submitting a 2008 application;

NOW, THEREFORE, BE IT RESOLVED, ON BEHALF OF THE CITIZENS OF THE
TOWN OF ESOPUS

That the Town Council of the Town of Esopus fully supports an application for funding under
the New York State Main Street Program which will result in re-investment in the community,
including improvements to privately-owned business facades, building upgrades and other
complimentary public street scape enhancements within the Broadway/Rte. 9-W, Port Ewen
business corridor.

Resolution offered by Supervisor John Coutant
Resolution seconded by Councilperson Deborah Silvestro

Supervisor John Coutant Aye
Councilperson Gloria VanVliet Aye
Councilperson Wayne Freer Aye
Councilperson Deborah Silvestro Aye
Councilperson Carl Belfiglio Aye

Resolution duly adopted.

A Motion at 8:23 PM by Supervisor John Coutant for a five minute recess. Seconded by
Councilperson Carl Belfiglio. All Town Board Members voted in favor. Motion Carried.

A Motion at 8:30 PM to return to the regular meeting was made by Supervisor John
Coutant and seconded by Councilperson Carl Belfiglio. All Town Board Members voted in
favor. Motion Carried.

4. Supervisor’s Audit

An audit has been done by CPA Brian Pickard and a report will be forthcoming.

5. Resolution Hiring Attorney Kevin R. Bryant

Resolution of the Town Board
Of the Town of Esopus
Approving the Hiring of a Town Attorney
For the Purposes of Esopus Town Court

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 establishing a Town Attorney for the purpose of prosecuting
Vehicle and Traffic cases in Town Court.

Whereas, the Town Board and the Town Justices of the Town of Esopus feel that the new
position will be in the best interest of both the Town and the Court System.

Therefore, Be it Resolved, the Town Board of the Town of Esopus establishes the position of
Town Attorney for the purpose of Vehicle and Traffic Court.

Also, Be it Resolved, the Town Board of the Town of Esopus hire Kevin R. Bryant, Esq.

Also, Be it Resolved, that the rate of $150.00 an hour will be paid. The hours will be set by
each of the Town of Esopus Justices.

Resolution offered by Councilperson Wayne Freer
Resolution seconded by Supervisor John Coutant

Supervisor John Coutant Aye
Councilperson Gloria VanVliet Aye
Councilperson Wayne Freer Aye
Councilperson Deborah Silvestro Aye
Councilperson Carl Belfiglio Aye

Resolution duly adopted.

6. Resolution to Authorize Attendance at Advanced Accounting School

Whereas, the Town of Esopus Bookkeeper Debra Kain wishes to continue the training offered
by the Office of the State Comptroller and attend the Advanced Accounting School, Accounting
Principles and Procedures,

Whereas, the next class offered will be June 3-5, 2008 in the City of Kingston,

Whereas, this class will be of no cost to the Town of Esopus, being covered by a gift certificate,

Therefore, Be it Resolved, that the Town Board of the Town of Esopus authorizes Debra Kain
to attend the June 2008 Accounting School in Kingston, New York.

Resolution offered by Councilperson Deborah Silvestro
Resolution seconded by Councilperson Gloria VanVliet

Supervisor John Coutant Aye
Councilperson Gloria VanVliet Aye
Councilperson Wayne Freer Aye
Councilperson Deborah Silvestro Aye
Councilperson Carl Belfiglio Aye

Resolution duly adopted.

7. Introduction of Local Law No. 1 for 2008 - A Local Law to Amend Chapter 104 of the
Town of Esopus Code

Local Law No. 1 - 2008
A Local Law to Amend Chapter 104 of the Town of Esopus Code

Be it enacted by the Town Board of the Town of Esopus as follows:

The following amendment is made to Chapter 104 of the Town of Esopus Code:

1. Chapter 104 of the Town of Esopus Code is amended by adding Article III as follows:

ARTICLE III

PUBLIC SANITARY SEWERS

104-10 a. Commencing with the effective date of this local law, any:

 

(1) gravity sanitary sewer
(2) sanitary force main sewer
(3) sewer that serves more than one property
(4) sewer located in a public right of way
(5) sanitary pump station (exclusive of privately owned grinder
pumps)
(6) sewer connection
(7) sewer extension

The closest part of which is within the public right of way or is
within a municipal utility easement, shall be connected to the
Public Sanitary Sewer System and shall, after completion of
design, construction and testing in conformity with all laws, rules
and regulations and in accordance with the then current standards
and protocols of the Great Lakes-Upper Mississippi River Board of
State Public Health and Environmental Manager 9GLUMRB) as
published in the “Recommended Standards for Wastewater
Facilities” become part of the public sewer system and shall be
thereafter maintained by the Public Sewer District.

104-10 B. For the purposes of this Local Law:

a) “Sewer Extension” means a newly constructed or proposed sewer
designed to serve one or more sewer connections (s).
b) “Sewer Connection” means a point of connection between a
building, residence or other structure and a public sewer except
that any connection designed or intended to carry 2,500 gallons per
day or more of residential sewage alone.
104-11 In the event that any of the facilities identified in Section 104-A (1) through (7) is
to be constructed, the person or entity intending to build same shall file an
application for a proposed Public Sanitary Sewer with the Superintendent of the
Public Sewer District.

104-12 The Superintendent of the Public Sewer District shall have the authority to
engage the services of a New York State Licensed Professional Engineer to
review the Design Document submitted by the Applicant. The Applicant shall be
responsible for all of the costs, fees, expenses and disbursements associated with
said review.

Upon filing an application, the Applicant shall also be required to pay such sums
as reasonably determined by the Town, to cover the costs, disbursements, fees
and expenses of said review. Said funds shall be held in escrow by the Town and
drawn against as invoices are submitted. In the event that said escrow funds are
depleted, the Applicant shall pay such additional sums as is reasonably
determined by the Town until the entire review is completed.

104-13 The person (s) making said application shall also be required to adhere to the
rules and regulations promulgated by the Town of Esopus governing the
construction, testing, connection, dedication and all other aspects of the Public
Sanitary Sewers which rules and regulations may be amended by resolution of the
Town Board.

This law shall take effect immediately upon filing same in the office of the Secretary of State of
the State of New York.

A Public Hearing will be held at 7:15 PM on March 20th prior to the Town Board Meeting.

8. Infiltration and TV Pipe Inspection

Supervisor Coutant said we have been trying to find the infiltration into the Plantasiekill
Interceptor. There are three minor leaks which were found several years ago and those same
leaks have been identified again according to the report given by Fred Cook, Inc.. who was hired
to re-televise the lines. Two of the leaks amount to 1.2 million gallons of water going into the
sewer system. The cost is $1,300 per year to process that water. Another problem is the
manholes not being sealed. This can result in 90 gal. a minute of water going into the sanitary
sewer system. We are trying to get sealing devices and we are taking a good look at the
infiltration that may be coming from residential sump pumps. At this point we are responsible
to identify problems and cut the infiltration going to Kingston. We are moving forward.

9. Small City Grants

Blauer Associates are a small firm dealing with Small City Grants. They have been successful in
our area.....Fallsburgh, the Town of Ulster and Wawarsing. The Town Board has given the
Supervisor permission to contact this firm to see if they could address some of our problems.
Councilperson Silvestro asked why we would contact a firm out of state? Councilperson Freer
answered this firm specializes in our needs.

Sally Buboltz: Sullivan County has received grants for manhole covers and it wouldn’t hurt to
contact them.

10. Resolution for Town Clerk Attendance At IIMC Regional Conference

Whereas, the Town Clerk is a Member of the International Institute of Municipal Clerks since
2005,

 

Whereas, the conference will be held in New York State at the Gideon-Putnam Resort & Spa in
Saratoga Springs on March 27 and March 28,

Whereas, this amount has been budgeted,

Therefore, Be it Resolved, the Town Clerk is authorized to attend the IIMC Conference.

Resolution offered by Councilperson Carl Belfiglio
Resolution seconded by Councilperson Wayne Freer

Supervisor John Coutant Aye
Councilperson Gloria VanVliet Aye
Councilperson Wayne Freer Aye
Councilperson Deborah Silvestro Aye
Councilperson Carl Belfiglio Aye

Resolution duly adopted.

11. Daily Freeman Announcement - NYC Trip - Somerset

An advertisement will appear in the Daily Freeman on February 18, 2008 with regard to a trip
being sponsored by Somerset Development to view the model of the Hudson Point Project in the
office of their architect in New York City. This is a site visit and is in accordance with the
opinion of our Planning Board Attorney Peter Graham and Robert Freeman, Executive Director
of the Committee on Open Government.

12. Approval of Minutes

A Motion to approve the January Minutes of the Town Board Meetings was made by
Supervisor John Coutant and seconded by Councilperson Deborah Silvestro. All Town
Board Members voted in favor. Motion Carried.

13. Resolution to Authorize Payment of Bills

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 #081032-081035 $ 3,359.58
#081036-081041 $ 2,747.49
#081042-081044 $ 1,567.95
#081045-081104 $54,924.11 $62,599.13

Highway Fund #082018-082046 $20,528.17

Capital #085008-085018 $474,790.64
#085019-085021 $ 13,469.74 $488,260.38

Street Lights #086001 $ 452.87
#086002 $ 4,325.00 $ 5,077.87

Port Ewen Sewer #083009-083013 $ 10,947.59
#083014-083015 $ 2,343.63
#083016-083016 $ 640.66
#083017-083030 $ 4,845.86 $ 18,777.74

Port Ewen Water #084023-084027 $ 12,917.14
#084028 64.66
#084029-084032 $ 5,155.33
#084033-084059 $ 26,066.92 $ 44,204.37
___________

$639,477.66

Resolution offered by Councilperson Wayne Freer
Resolution seconded by Councilperson Gloria VanVliet

Supervisor John Coutant Aye
Councilperson Gloria VanVliet Aye
Councilperson Wayne Freer Aye
Councilperson Deborah Silvestro Aye
Councilperson Carl Belfiglio Aye

Resolution duly adopted.

Figures for Rental of the Parks

The rental fees were discussed at the Workshop Meeting. The Town Clerk will begin keeping a
list of those interested in renting the parks and until the final rental figures are approved.
Businesses will be paying non-residential fees. The only exemptions to the charges will be the
schools. Councilperson Freer will review the fees with the Recreation Board.

Feb. 22nd there will be a presentation on John Burroughs at the Town of Esopus Library.
The Waterfront Advisory Board will on the Hudson River Cleanup on Sat. April 19th at 9AM to
clean our parks.

Correspondence and Reports of Committees are available in the Town Clerks’ Office. The
following reports were listed:

Town Clerk Monthly Report for January 2008.
Building Inspectors Monthly Report for January 2008
Assessors Report for February 2008
Port Ewen Water and Sewer Board Minutes dated Feb. 13, 2008
Planning Board Minutes dated Jan.. 24, 2008
Town Board Minutes for January 2008

A Motion to adjourn the meeting was made by Councilperson Wayne Freer at 9:12 PM and
seconded by Councilperson Carl Belfiglio. All Town Board Members voted in favor.
Motion Carried.

Respectfully submitted,

Diane L. McCord
Town Clerk, CMC, RMC
NYSTCA Reg. Dir. Dist. 2