TOWN BOARD MEETING
March 20, 2008

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

Supervisor John Coutant

Councilperson Gloria VanVliet

Absent: Councilperson Wayne Freer

Councilperson Deborah Silvestro

Councilperson Carl Belfiglio

Administrative Recorder: Diane L. McCord

Town Clerk

Pledge to the Flag.

Prior to the Town Board Meeting a Public Hearing on Local Law No. 1 of 2008 was held at 7:15 PM. This local law was introduced at the Feb. 21st Meeting of the Town Board.

A Local Law to Amend Chapter 104 of the Town of Esopus Code

Article III

Public Sanitary Sewers


There was no Public Comment.

A Motion to adjourn from the Public Hearing at 7:20 PM was made by Councilperson Gloria VanVliet and seconded by Councilperson Carl Belfiglio. All Town Board Members present voted in favor. Motion Carried.


A vote on this local law will be held at our next Town Board Meeting on April 17th.


The Supervisor called the regular monthly meeting of the Town Board to order at 7:30 PM


Public Comments:

Clark Mains, Jr.: Clark Mains is the Fire Chief for the Port Ewen Fire District. He attended this evenings meeting with several volunteer fire fighters to discuss the issue of water pressure in the district. For several years the fire department has had a concern with low pressure in the water system. As taxpayers we have paid for the upgrade at the Water Plant. The firemen would like a Building Moratorium until a fee per unit for new construction can be instituted to upgrade the present system. We see the Town has already instituted a fee for the parks per building unit. Developers are coming in to make money and we will double the size of our water district within the next fifteen years. We have to protect the town and the water is not there for us. There is not enough water. If we have a fire and use the water there is not enough left for a second fire. We are suppose to protect the people here.

The issue of the emergency water system was brought up. The system should have been put in place a while ago according to the Supervisor. A 24-emergency situation took three days. Another thing is we were not aware you mentioned to the Planning Board an additional fee for the Water District. We just put the new piping in from River Road to Keysers’ and that should have helped. We do now own the property on the side of hill over the railroad tracks. We have clear title to be able to place a water tower when the funds are available. The problem is the funding stated Councilperson VanVliet. Grants from the State are difficult stated Supt. Don Kiernan. We would be far down the list. The applications for grants are based on scoring and we are above the funding lines. We have been on their list for over ten years. We get updated each year. Supervisor Coutant asked for a copy of the most recent copy? Ten years ago the estimated cost was 1.2 million.

Clark Mains continued......you cannot place a price tag on human life. If you assess the builders that will help. This is a serious situation that has to be addressed. It should not be that hard. At an every day house fire in Sleightsburgh we had to go to the Rondout Creek. It takes time to go to the creek or the river and it takes too much time. Supervisor Coutant stated at this time we are concerned with making water. Supt. Kiernan made it known you would have to borrow every dollar to put that storage tank up. Supervisor Coutant with this amount of money the borrowing would have to placed on the ballot.

Report of the Clerk of the Works on the Town Hall Project:

Progress from Friday, February 22nd, through Thursday, March 20th, 2008 (20 possible working days) (16) working days logged for this period, (4) days lost due to inclement weather.

C Exterior wall framing is in nearly complete.

C Framing for cupola is in place.

C Final connection of roof trusses is complete (except for “piggybacks”), and roof decking is being installed.

C 40 additional feet of water line has been installed, and temporary water connection has been made, (for construction purposes).

C South foundation wall has been backfilled, which brings all areas immediately surrounding the building to sub grade, leaving only paving or topsoil to be placed (with the exception of the Geothermal well field).

C Electrical service is into the building, and the main disconnect switch is in place, along with a temporary circuit breaker panel for the purpose of providing temporary power and lighting for construction. We are currently waiting for an inspection by Central Hudson. Once approved, we may place the transformer and energize the system. We expect to have power by the end of the month.

C Telecommunications cables have been pulled into the building.

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C Excavation in the Geothermal well field has begun, bedding is being placed and well circuit connections are being made.

C The final waste water standpipe test has been scheduled for Monday, March 24th.

C We have accelerated the schedule for the pouring of the lower level concrete slab, which is now set for Friday, March 28th. This has been re-scheduled several times due to weather conditions, and a very conservative Structural Engineer.

Regular Business:

1. Recreation Board - Fee Resolution

Whereas, the Town of Esopus Town Board, County of Ulster, State of New York, would like to set the following rental fee for the Town of Esopus parks:

Park Rental (Esopus Resident $ 50.00

* Non-Resident) $100.00

Alcohol Permit Fee $ 50.00

Kitchen Fee (Freer Park Only) $ 25.00

Trash Fee $ 75.00 (refundable if trash is taken

away and park is cleaned)

*Personal or business or organization located outside of Town.

Therefore, Be it Resolved, the Town of Esopus Towno Board accepts the fee scheduled for the

Town of Esopus Park rentals listed above:

Resolution offered by Councilperson Gloria VanVliet and seconded by Councilperson Carl Belfiglio.

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Absent: Councilperson Wayne Freer

Councilperson Deborah Silvestro Aye

Councilperson Carl Belfiglio Aye

Resolution duly adopted.


Supervisor Coutant gave an example of the fee schedule. If he wanted a party for his son at the park the fee would be $50, however, if he wanted to have a party at the park for his business located in Kingston the cost for rental would be $100.

Councilperson Silvestro questioned if we would have enough manpower to monitor the trash after each rental of the pavilion? The park will remain open for the general public to use and dispose of their trash. There could be a problem concerning who does the trash belong to and will the renters of the pavilion get their deposit returned? Supervisor Coutant said Dan Vedder or his team would be overseeing the use of the pavilion. If there is a problem we will deal with it.

2. Netter/Kouhoupt Property - Avon Park


The Supervisor explained two neighbors have been paying taxes on property which they purchased in good faith from the developer of Avon Park. The Town Board and our attorneys have looked at this situation and a resolution has been prepared for the two joint landowners to take this property legally. Avon Park was built in the 1980's and a paper road was never used and was turned over to the town. This town property was later sold by the developer. In order to resolve this problem a resolution will be adopted this evening and a Public Hearing will be held next month subject to a permission referendum.

RESOLUTION


WHEREAS, a filed sub-division map, #74900recorded in 1988 shows a paper street extending south for Clark Street, called Bayard Street, south extension, which is 50 feet in width and


WHEREAS, a notation on said map contained a continuing offer of cession to the Town for the entire Avon Park extension including said paper street and


WHEREAS, said street system, including the paper street was deeded to the Town by the developer in 1993 and

WHEREAS, the paper street was deeded to the adjoining land owners, Kouhoupt and Netter by the developer in 2000; and


WHEREAS, the paper street remains undeveloped and is not longer needed for the transportation of the Town pursuant to the Town’s street interconnection study prepared in 2006; and


WHEREAS, the adjoining landowners maintain the paper street parcel; in an undeveloped state;


NOW, open motion duly made by Supervisor Coutant and seconded by Councilperson Gloria VanVliet, and carried it was


RESOLVED, the Town of Esopus hereby finds that the Town has no present or future need for said undeveloped paper street and the Town of Esopus does not wish to expend public funds to bring said parcel up to Town highway specifications and therefore said paper street is of no m onetary value and is surplus property, and it is further

RESOLVED, the Town of Esopus hereby abandons any claim to said paper street and directs

that the paper street be added to the tax rolls as being owned by the adjoining landowners Kouhoupt and Netter and it is further


RESOLVED, that a copy of the resolution be published once in the official newspaper of the Town to give notice of said abandonment which is subject to permissive referendum.


Dated: March 20, 2008


Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Gloria VanVliet

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Absent: Councilperson Wayne Freer

Councilperson Deborah Silvestro Aye

Councilperson Carl Belfiglio Aye

Resolution duly adopted.


The following Public Hearing Notice will be advertised in the Daily Freeman:

Please take notice that the Town of Esopus Town Board will hold a public hearing

to consider the adoption of a resolution to abandon an undeveloped paper street in the

Avon Park extension as described in a filed sub-division map and direct that said paper

street be entered in the Town tax rolls as owned by the adjoining land owners Kouhoupt and Netter. Said public hearing will be held on April 17, 2008 at 7:15 pm in the Town of Esopus Town Hall, Port Ewen, NY at which time all interested persons will be given an opportunity to be heard.


Dated: March 20, 2008

By Order of the Town Board

Town Clerk

3. Dock Request Resolution - Esopus Light House


RESOLUTION TO PROVIDE ESOPUS MEADOWS LIGHTHOUSE

WITH A DOCK IN EXCHANGE FOR $1.00

WHEREAS, the Town Board of the Town of Esopus County of Ulster has provided three docks for the Esopus Meadows Lighthouse in exchange for $1.00 and

WHEREAS, the Esopus Meadow Lighthouse has requested an additional dock in order to comply with the Army Corp of Engineers request,


THEREFORE, BE IT RESOLVED, that the Town of Esopus will provide an additional dock in exchange for $1.00.


Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Deborah Silvestro

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Absent: Councilperson Wayne Freer

Councilperson Deborah Silvestro Aye

Councilperson Carl Belfiglio Aye

Resolution duly adopted.

4. Resolution to Authorize Attendance at NYSTCA - in Saratoga

RESOLUTION TO AUTHORIZE ATTENDANCE

AT THE NYSTCA MEETING

APRIL 27-30


WHEREAS, the Town Clerk and Deputy Clerk are members of the New York State Town Clerk’s Association,


WHEREAS, the New York Town Clerks’ Association will hold their annual conference in Saratoga on April 27 through April 30,


WHEREAS, the amount of expenditure has been adopted in the 2008 budget,


THEREFORE, BE IT RESOLVED, the Town Clerk and Deputy Clerk are authorized to attend the New York State Town Clerk’s Association Conference.

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Carl Belfiglio

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Absent: Councilperson Wayne Freer

Councilperson Deborah Silvestro Aye

Councilperson Carl Belfiglio Aye

Resolution duly adopted.


5. Highway Supt. Resolution to Purchase New Truck


RESOLUTION TO APPROVE PURCHASE

OF NEW TRUCK FOR HIGHWAY DEPT.


Whereas, the Town Board of the Town of Esopus, County of Ulster has been requested to approve the purchase of a new truck for the Highway Dept. and


Whereas, the Highway Supt. has received two New York State bids with the following results:


Van Bortel 7325 Rt. 96 Victor, New York 14534

Ford F450 141" WB 60" CA $43,697.90

Robert Green Rt. 17 E. Exit 107, P O Box 8002

Rock Hill, New York 12775

DM9L64, CA - Dodge 4500

$53,438.00


Therefore, Be it Resolved, the Town Board takes the recommendation of the Highway Supt.

to purchase a Ford F450 at a cost of $43,697.90 from the Highway Fund.

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Gloria VanVliet

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Absent: Councilperson Wayne Freer

Councilperson Deborah Silvestro Aye

Councilperson Carl Belfiglio Aye

Resolution duly adopted.

6. Resolution to Authorize Dan Terpening to Attend Conference NYSAA Annual Conference on April 11, 2008

RESOLUTION TO AUTHORIZE ATTENDANCE

AT OFFICE MANAGEMENT CONFERENCE

APRIL 11, 2008

WHEREAS, the Town Assessor, Daniel Terpening and Deputy Assessor Josephine Mignone

would like to attend an Office Management Course to be held at the Holiday Inn, Fishkill, N. Y.

on April 11, 2008 should the Assessor deem it necessary.

WHEREAS, conference expenditures have been adopted in the 2008 budget for the Assessor’s Office,

THEREFORE, BE IT RESOLVED, THE Town Assessor is authorized to attend this conference.

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Carl Belfiglio

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Absent: Councilperson Wayne Freer

Councilperson Deborah Silvestro Aye

Councilperson Carl Belfiglio Aye

Resolution duly adopted.

7. Resolution to Appoint Chris Brown to Fill Vacancy of Bill Garraty 9-3008

WHEREAS, the Town of Esopus Town Board, County of Ulster, has a vacancy on the Assessment Board of Review due to the death of William Garraty and

WHEREAS, Chris Brown has volunteered to fulfill the term of William Garraty March 20, 2008 through September 30, 2008,

THEREFORE, BE IT RESOLVED, the Town of Esopus Town Board does hereby appoint Chris Brown to the Assessment Board of Review.

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Gloria VanVliet

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Absent: Councilperson Wayne Freer

Councilperson Deborah Silvestro No

Councilperson Carl Belfiglio Aye

Resolution duly adopted.

Councilperson Deborah Silvestro stated she did not know the individual (Chris Brown). She had received his resume on Tuesday. She referred to the minutes where the Town Board was going to interview the candidates and she asked if that meeting had been held? Supervisor Coutant responded that the February Workshop Meeting was canceled and we did not interview candidates. Councilperson Silvestro asked when was this decision made? The Supervisor stated he has just written the resolution and he had decided to run it up the flag pole.

8. Resolutions - David Murray/Eli Schloss

Resolution to Appoint David Murray to the Environmental Board

and Eli Schloss to the Waterfront Advisory Board

WHEREAS, the Town of Esopus Town Board, County of Ulster, State of New York has vacancies on the Environmental Board and Waterfront Advisory Board,

THEREFORE, BE IT RESOLVED, the Town of Esopus Town Board makes the following appointments:

Environmental Board: David Murray 03-20-08 to 12-31-09

Waterfront Advisory Board: Eli Schloss 03-20-08 to 12-31-08

(replacing unexpired term of Chester Allen)

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Gloria VanVliet

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Absent: Councilperson Wayne Freer

Councilperson Deborah Silvestro Aye

Councilperson Carl Belfiglio Aye

Resolution duly adopted.

9. Main St. Grant Letter

A letter dated March 2008 was received from our Ulster County Legislators Laura Petit, Phil Terpening and Alan Lomita in support of the 2008 application for the New York Main Street Grant. (attached). The next meeting of the Port Ewen Main St.. Revitalization Committee will be held on March 31st at the Town Library.

10. Bid Resolution Clarifier Replacement

RESOLUTION

CIRCULAR-CONICAL TANK CLARIFIER

WHEREAS, the Port Ewen Water/Sewer District advertised and received bids for furnishing one (1) Circular-Conical Tank Clarifier.

WHEREAS, bids were received and opened at the office of the Town of Esopus Town Clerk on March 18, 2008.

WHEREAS, the bidder for this Circular-Conical Tank Clarifier was Infilco Degremont, Inc., 8007 Discover Drive, Richmond, Va. 23229 at a bid price of Four Hundred Forty one thousand dollars and zero cents ($441,000.00).

THEREFORE, BE IT RESOLVED, that the Town of Esopus Town Board award the bid to Infilco Degremont, Inc.

Resolution offered by Councilperson Carl Belfiglio

Resolution seconded by Supervisor John Coutant

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Absent: Councilperson Wayne Freer

Councilperson Deborah Silvestro Aye

Councilperson Carl Belfiglio Aye

Resolution duly adopted.

Councilperson Gloria VanVliet asked Supt. Kiernan if there would be money for the clarifier would come from FEMA? Supt. Kiernan stated we are looking at 1.2 million dollars worth of damage to the Water Plant from the April 2007 flooding. Councilperson Belfiglio asked about this resolution being just for the clarifier? Supt. Kiernan this will be for the tearing down of the existing clarifier and replacing the foundation and then we will have to go to bid for electrical work. Councilperson Belfiglio asked if that would also be covered by the FEMA money? Yes.

Supervisor Coutant asked about the turn around time to get the new clarifier? There is a twenty week turn around.

11. Don Kiernan - Attendance American Water Works Assoc. Conference Resolution

Resolution to Authorize Water/Sewer Supt. to Attend

New York Section AWWA Conference

Be it Resolved, the Town Board of the Town of Esopus, County of Ulster authorizes Supt. Donald F. Kiernan to attend the New York Section of AWWA Conference in Saratoga Springs on Tuesday, April 22- April 24 and

Therefore, Be it Resolved, the expenditures be authorized.

Offered by Supervisor John Coutant

Seconded by Councilperson Gloria VanVliet

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Absent: Councilperson Wayne Freer

Councilperson Deborah Silvestro Aye

Councilperson Carl Belfiglio Aye

Resolution duly adopted.

12. Payment of Vouchers

RESOLUTION AUTHORIZING PAYMENT OF BILLS SINCE MARCH 2008

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 #081105-081108 $ 4,670.62

#081109-081115 $ 5,685.70

#081116-081159 $105,813.37 $116,169.69

Highway Fund #082047-082083 $ 42,343.05

Capital #085022-085029 $159,625.17

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Street Lights #086003 $ 4,983.33

Port Ewen Sewer #083031-083031 $ 262.54

#083032-083034 $ 5,670.71

#083035-083046 $ 4,513.17 $ 10,446.42

Port Ewen Water #084060-084061 $ 288.78

#084062-084064 $ 4,296.31

#084065-084091 $ 23,864.99

#084092-084094 $ 9,794.32 $ 38,244.40

__________

$371,812.06

Resolution offered by Councilperson Carl Belfiglio

Resolution seconded by Councilperson Gloria VanVliet

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Absent: Councilperson Wayne Freer

Councilperson Deborah Silvestro Aye

Councilperson Carl Belfiglio Aye

Resolution duly

13. Approval of Minutes

A Motion to approve the previous months minutes was made by Supervisor John Coutant and seconded by Councilperson Gloria VanVliet. All Town Board Members present voted in favor. Motion Carried.

14. Correspondence/Reports of Boards and Committees

The correspondence for the month and the Reports of Boards and Committees are on file in the Town Clerks’ Office.

15. Motion to Adjourn

A Motion to adjourn the meeting was made by Councilperson Gloria VanVliet and seconded by Councilperson Carl Belfiglio. All Town Board Members present voted in favor. Motion Carried.


Respectfully submitted,

Diane L. McCord,

Town Clerk, CMC, RMC

Dist. 2, Reg. Dir. NYSTCA