TOWN OF ESOPUS TOWN BOARD MEETING
JUNE 18, 2009

SUPERVISOR JOHN COUTANT
COUNCILPERSON GLORIA VANVLIET
COUNCILPERSON WAYNE FREER
COUNCILPERSON DEBORAH SILVESTRO
COUNCILPERSON CARL BELFIGLIO

Administrative Recorder:  Town Clerk Diane L. McCord

PLEDGE TO THE FLAG

The Supervisor called the meeting to order at 7:30 PM and was appreciative of all those who ventured out this evening.  Agendas were available to the public.

PUBLIC COMMENT:

Anne Gordon:  I am here to give the Town Board a brief report on the actions of the Working Committee who are carrying forth the project of making sure there will be a monument to Sojourner Truth Park which will bare her name.  The Ministers Committee which was originally set up for this project has asked the Working Committee to take over the actual nuts and bolts to ensure that this project takes place.  We meet very regularly and we are affiliated with the Ulster County Foundation which is an independent philanthropic organization and it provides our committee with a non-for-profit endowment fund.  This enables us to have a tax free status.  All the money donated to our project is deposited in the fund and we make withdrawals to spend on the costs of building the memorial.  We also have produced a brochure, established a web-site, we held a very successful concert  in February and we have arranged for various speaking engagements for our  Committee Members.  The job of applying for grants is being carried out by Mary Lou Lamping, a professional in the field.  As additional fund raisers we are selling Sojourner Truth paper dolls.  As we move toward completion of the Sojourner Truth Memorial Park we will begin to talk with the Town Board about some sort of unity celebration for the opening of the park.  There will not be a statute there when the project is completed by DOT but we want to make it very clear that this project is honoring that unique 19th century woman Sojourner Truth in the town of her birth.  This is a project that is attracting a lot of interest and we have learned this whenever we presented the idea in public speeches.  The fund raising and interest will result in private financial donations for our project.  It is our declared intent that the coffers of the Town of Esopus will not be used to fund this memorial.  This committee sees its work as:
 1)  Raising the funds to pay for the memorial 
 2)  Investigating and exploring the work of various artists to find an appropriate       representation of the woman we are honoring 
 3)  To present our work to you the Town Board for the final decisions as to what        actually takes place at the park.

Tim Allred is here with me tonight and is a member of the committee.   

Tim Allred:  This Working Committee came together last August and I joined to see if I could pull together my network to see if I could assist this project.  It is pretty formidable on how to create a memorial, the ingredients that go into it, and how to build support for it.  While I knew who Sojourner Truth was I certainly didn’t know much about her life here in Esopus.  Most people do not know this human rights activist came from our town.  By no choice of her own she was enslaved in our town.  It was something about her life in our town that led her to become this outspoken person when she was free.  She is a character that this town should be able to embrace for the many fine qualities we  would wish to have in any of our friends, neighbors or leaders.  We are pursuing our work and making a network of people with similar interest in the Hudson Valley and raising her profile as a major Hudson Valley character….we will be drawing the story out.  People will understand she was not just an ex-slave but she was a remarkable person who had such a sense of rightness and justice as a result of her life here and the people she interacted with in Esopus.  As we try to build this network we find there is a great deal of interest.  People don’t know that there is this first portion of her life – thirty years.  It is with great pride that we try to bring this project forward.  I would like to introduce Mary Lou Lamping who is a professional fundraiser and is helping us pro-bono.

Mary Lou Lamping:  I am a former resident of Esopus.  This is a really interesting project and as a former resident of Esopus you have something special over here.  Sojourner Truth as a young girl caught and a woman growing up caught that…we don’t know what it was, but here she was a slave growing up, no education, no advantages, nothing to guide her or to teach her, yet she grew up with values that drove this nation forward.  That is something that came out of Esopus and we are proud.

Evelyn Clarke:  Evelyn Clarke is the fourth member of the committee and she had a Sojourner Truth brochure for the Supervisor.  The brochure states we are focusing on how she was born in Rifton and lived in this area for the first thirty-two years of her life.  The woman she became the very famous orator and abolitionist and woman who spoke for the rights of woman to vote was actually formed here in this area.  We have more ownership of her than any other place that has already claimed ownership of her.

Supervisor Coutant questioned the fact that Hillary Clinton had made a commitment to help fund this statue.  Has that been rescinded? Councilperson Deb Silvestro stated Hillary Clinton is now our Secretary of State and cannot assist us along those lines.  We have sent requests for  help to other members of the state and federal government but unfortunately in these economic times we haven’t been able to get very far.  We are counting on private donations to start us going and money has been trickling in.  There is always the possibility that someone will look down on us and bless us with a nice donation to get this project started.  The important thing about this project is the site of the old town hall is possibly a place where Sojourner Truth (Isabella) worked it was a tavern owned by Martin Schryver and that is why when I started this whole project that the pocket park that was planned to be there as a public park that it would be appropriate to name it for her.  Fortunately, the Town Board saw the wisdom of that and it will benefit the town in the long run as far as historical tours are concerned.  I have worked with school children who were very impressed with her story and went on their own and learned more.  It will be a wonderful project by the time it is finished.  The NYSDOT will have the park finished by sometime in September and the Town has been contacted about holding a joint ribbon cutting ceremony. 

Tim Allred:  It is interesting where the money is going to come from.  Our largest donation so far  has come in the form of paper dolls by world famous paper doll artist Tom Tierney.  There are Sojourner Truth paper dolls that are for sale here at the Town Hall.  We have also received significant donations from an individual and some smaller donors plus the concert we had we had in the fall.  There is an enthusiasm building. 

Councilman Belfiglio heard a figure a while back.  Anne Gordon said they had interviewed three artist to do a life-size sculpture and the prices ranged from $70,000 to $150,000.  Our committee will bring the results to you regarding the selection and it will depend upon how much money we raise.  There will be a bronze plaque in the park that will not only name the site for Sojourner Truth but will acknowledge the fact the Town Hall was on that site.  This will be paid for by the funds from  the Main St. Grant.

Michael Minor:  I am a resident and am on the Planning Board, the Library Board and the Waterfront Advisory Board.  I am here to speak about the Water Chestnut Harvester and do not want to take away from the Sojourner Truth supporters.  We have similar things in their support of the community.  In our case you see a large group of people here in support.  Marian Zimmer worked on the funding proposals through state DNR.  We have the opportunity to purchase this equipment which will benefit our community in lots of different ways.  What has happened here is with all the good works that people have done we have been able to come up with seventy-eight percent of the money that we need to purchase the water chestnut harvester to keep the population down to give us more use out of our park, to do something about our Sleightsburgh Spit and other areas by Lighthouse Park.  This is an opportunity to make our areas more useful for the members of our community.  It makes it more useful for people who are beginners or intermediate kayak users.  This benefits the residents and the businesses.  We are people who show we can take pride in our community and build together. This also means that the remaining twenty-two percent of the money needed we have already interfaced with some other towns who are interested in utilizing the harvester on a rental basis.  This is the best that we can see in our town to see people working together to get something done.  When you apply for  these grants our chances were slim and none and we got it.  Once you receive a grant you would stand a stronger chance of getting another one.    I would like to strongly encourage the Town Board to purchase Water Chestnut Harvester. 

Marian Zimmer:  In the grant it states the Town of Esopus has undertaken an aquatic vegetation control program primarily water chestnut removal along the Hudson River shoreline in front of George Freer Memorial Park.  Water chestnuts are a prohibitive barrier to beach goers, swimmers and boaters.  Mechanical removal, during the  aquatic season, is an effective way to maintain access to the river.  We must remember that the Town of Esopus has an approved LWRP (Local Waterfront Revitalization Program) in that policy it states in providing access priority shall be given to public beaches, boating facility, fishing areas and waterfront parks.  George Freer Memorial Park and the Lighthouse Park are listed as a day use site on the Hudson River Greenway River Trail for hand launched watercraft.  Continued use of the harvester will allow an optimal public access to the site and enhance the natural beauty of the site for park users.  This is a perk for all the people in Esopus not just for the people who live on the waterfront.  I do want to point out, as part of the grant, the Town Board agreed to go with the grant and it was supported by the Town Board at this time.  Being able to pass up an opportunity to receive $110,000 coming in to benefit the Town of Esopus is too much to pass up at this time.
 
The Supervisor said the Esopus Lighthouse is pretty close to being able to have a bed and breakfast during the summer.  It would be nice to create a roadway thru the chestnuts to connect directly to it.  How do we get the people back and forth is the next question?  This would be great if the tourism trade could find their way to that lighthouse and it is definitely something that could attract people.

Councilperson Silvestro asked Marian Zimmer what happens when you are in a kayak and you hit a patch of water chestnuts?  Marian answered you slow down very quickly and it is difficult to paddle because the chestnut wraps around you.

Kelly Tomaseski:  Kelly is our Town of Esopus  Library Director and she spoke about the Canterville Ghost a play by Oscar Wilde being performed at the Library on June 19, 20, 21 and 26, 27 and 28th.

Kathy Quick:  Kathy is the Chairperson of the Waterfront Advisory Board and she strongly supports the purchase of the Water Chestnut Harvester.  She has been to a couple of conferences on the riverfront towns and waterfront revitalization and it will make the river more livable, more enjoyable, and more beautiful.  It will also help with the economic future of our town.  Ridding the water of the nasty water chestnuts will make the waterfront more inviting.  The Hudson River waterfront and the Rondout waterfront are the most valuable natural resource our town has.  We should make it as beautiful, pure and inviting as we possibly can.  The way things have fallen into place…we really need to support this project.

Supervisor Coutant said there has been some contact with communities on both sides of the river requesting the use or rental of the machine we did have. 

Maxine Kamine – Riverview:  She and her husband are new residents to the Town of Esopus.  How could you give up the grant money?  If you do rent it would an operator go with it?  Yes, answered the Supervisor. 

We need to maintain it and operate it.  We need qualified people to operate it when it goes to work.

1.  NYMIR CHECK $9,590.73

The Town of Esopus originally paid $38,362 as a capitalization payment.  Over each of the next three years, upon renewal, the town will receive a distribution of $9,590.  The reason for the high capitalization payment was we were considered a high risk.  We participated in their Risk Management Program.  As a result, we will receive $9,590 over the next three years. 

2.  Resolution – Donald Kiernan – Part Time Proposal

Donald Kiernan has been the Port Ewen Water and Sewer Superintendent for twenty-two years in August.  He would like to retire, however, he would not like to leave the town hanging.  There is an opportunity for Don Kiernan to retire and have a part time job as a part time Superintendent.   This would certainly be a savings to the town.

We have to address the status of his position with Civil Service so we created a resolution to do the hours and still remain on Civil Service status.

RESOLUTION TO APPOINT
PORT EWEN WATER/SEWER DISTRICT
SUPERINTENDENT DONALD KIERNAN TO
A PART-TIME APPOINTMENT

Be it Resolved, BY THE Town Board of the Town of Esopus, in the County of Ulster, State of New York, as follows,

Whereas, the Town Board of the Town of Esopus has decided to change the Port Ewen Water Sewer District Superintendent position from a full-time position to a part-time position not to exceed 20 hours per week.  This position will remain in the Competitive Class.  The incumbent of this position will keep his “Civil Service Status” and may not be removed from this position except pursuant to section 75 of the Civil Service Law.  The Town may enact a future resolution to reinstate this position to full-time status if it deems necessary,

Therefore, Be it Resolved, the Town of Esopus Town Boar authorizes Donald Kiernan to the Part-Time position of Port Ewen Water and Sewer District Superintendent effective September 15, 2009.

Resolution offered by Councilperson Carl Belfiglio
Resolution seconded by Councilperson Deborah Silvestro

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

Resolution duly adopted.

3.  Resolution – Highway Department – Equipment Purchase

RESOLUTION TO PURCHASE
EQUIPMENT FOR HIGHWAY DEPARTMENT

Be it Resolved, by the Town Board of the Town of Esopus, in the County of Ulster, State of New York,

Whereas, our Highway Superintendent, Alan Larkin, has submitted a request to purchase the following equipment:

                                    John Deere 5095 Tractor     @                    $42,284.21
                                    2009 Alamo VF-60               @                    $21,240.00

                                    Equipment Total…………………………………$63,524.21

Therefore, Be it Resolved, that the Town of Esopus Town Board authorizes the purchase of the equipment requested for the Town of Esopus Highway Department.

Resolution offered by:           Supervisor John Coutant
Resolution seconded by:      Councilperson Carl Belfiglio

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

Resolution duly adopted.

4.  Resolution – Water Chestnut Machine – awarding of Bid
            a.   $25,00.00 Contribution
            b.   Funding Resolution

The Supervisor contacted our attorneys Kellar & Kellar & Jaiven regarding the funding of the Water Chestnut Machine.  A Notice has to be printed in the newspaper twenty days prior to the purchase of the machine.   Orange County Trust will give us a rate of 3.9 % which they  will be extended through July.  We will borrow $31,090.50 which is twenty-two percent of the value of the machine which comes with a Coast Guard Package and a new trailer.   We would not begin paying for the machine until the first anniversary date.  The cost per thousand, according to Councilperson Deborah Silvestro, would be one cent per thousand of assessed value for the bond payment.  This would be a five year statutory note.

Councilperson Belfiglio was concerned about not having in writing the term of the loan.  The bank could not get the letter to us in time for this meeting.  This agreement was made this afternoon.  Orange County Trust has committed to the terms.  Councilperson Gloria VanVliet would agree to the 3.9% interest but it cannot go any higher.   

The following Bond Resolution was read into the Minutes:

BOND RESOLUTION DATED
JUNE 18, 2009
A RESOLUTION AUTHORIZING THE PURCHASE OF AN
AQUATIC WEED HARVESTER MODEL FX-7 AND TILT-DECK
TRAILER TLT-600, AT A MAXIMUM ESTIMATED COST OF
$140,178.00 IN THE TOWN OF ESOPUS, ULSTER COUNTY,
NEW YROK AND AUTHORIZING THE ISSUANCE OF A
STATUTORY INSTALLMENT BOND OF $31,090.50 OF SAID
TOWN TO PAY PART OF THE COST THEREOF.

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

            Section 1:  The purchase of an Aquatic Weed Harvester Model FX-7 and Tilt-Deck Trailer TLT-600, in and for the Town of Esopus, Ulster  County, New York is hereby authorized at a maximum estimated cost of $140,178.00.

            Section 2:  The plan for the financing of such maximum estimated costs is by (a) the issuance of a five (5) year statutory installment bond of said Town in the amount of $31,090.50 with interest at 3.9 % per annum, hereby authorized to be issued therefore pursuant to the Local Finance Law; (b) expenditure of $59,087.50 of funds received from a grant from New York State for this particular purpose; (c) trade in credit of $25,000.00 to be given by Alpha Boats Unlimited for Harvester Model HM7-420 with trailer presently owned by the Town of Esopus; (d) a contribution of $25,000.00 from Church Communities Foundation.  

Section 3:  It is hereby determined that the period of probable usefulness of each of the aforesaid specific objects or purposes is five (5) years, pursuant to subdivision 28 of paragraph a of Section 32.00 of the Local Finance law.  It is hereby further determined that the maximum maturity of the bond herein authorized will not exceed five (5) years.

            Section 4:  The faith and credit of said Town of Esopus, Ulster County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bond as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal and interest on such bond becoming due and payable in such year.  There shall annually be levied on all the taxable real property in said Town, a tax sufficient to pay the principal of and interest on such bond as the same become due and payable.

            Section 5:  Subject to the provisions of Local Finance Law, the power to authorize the issuance of and to see bond anticipation notes in anticipation of the issuance and sale of the bond herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of the Town, the chief fiscal officer.  Such notes shall be prescribed by said Supervisor consistent with the provisions of the Local Finance Law.

            Section 6:  All other matters except as provided herein relating to the bond herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue a bond with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town.  Such a bond shall contain substantially the recital of validity clause provided for in Section 5.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law.

            Section 7:  The validity of any such bond and bond anticipation notes may be contested only if:

            A.  Such obligation is authorized for an object or purpose for which said Town is not authorized to expend money; or

            B.  The provisions of law which should be complied with at the time of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or
           
C.  Such obligation is authorized in violation of the provisions of the Constitution.           

Section 8:  The resolution shall constitute a statement of official intent for the purposes of Treasury Regulations Section 1.150.2.  Other than an specified in this resolution, no moneys are, or are reasonably expected to be, reserved, allocated on a long-term basis or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

            Section: 9:  Upon this resolution taking effect, the same shall be published in full in the Daily Freeman, which is hereby designated as the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81:00 of the Local Finance Law.

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

Resolution duly adopted.

Dated:           June 18, 2009                      ____________________________
                                                                        Diane L. McCord, Town Clerk

Councilperson Deborah Silvestro thanked Marian Zimmer for all the hard work she had done on the grant.  Supervisor Coutant added she did one heck of a job.  The Supervisor also thanked the Bruderhof for their contribution of $25,000 toward the purchase of the Water Chestnut Harvester.  He added they would like to have training on the vessel to learn how to care for and operate the machine.

5.  Resolution – Planning Board Appointment – William Devine

Be it Resolved, by the Town Board of the Town of Esopus, in the County
of Ulster, State of New York, as follows,

Whereas, the Town of Esopus Planning Board has a vacancy to fill an unexpired term vacated by Charles Snyder, the Town Board recommends the appointment of William Devine to a term which will expire on December 31, 2011,

Therefore, Be it Resolved, the Town of Esopus Town Board appoints William Devine to fill this vacancy which will expire on December 31, 2011.

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Deborah Silvestro

Supervisor John Coutant                                    Aye
Councilperson Gloria VanVliet               No
Councilperson Wayne Freer                   Absent
Councilperson Deborah Silvestro         Aye
Councilperson Carl Belfiglio                   Aye

Resolution duly adopted.           

6.  Resolution – Water/Sewer Board Appointment – Kevin Rentfrow

Be it Resolved, by the Town Board of the Town of Esopus, in the County of Ulster, State of New York, as follows,

Whereas, there is a vacancy on the Town of Esopus Water/Sewer Board,

Therefore, Be it Resolved, the Town of Esopus Town Board makes the following appointment: Kevin Rentfrow

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

Resolution duly adopted.

7.  Resolution Authorizing Town Supervisor to Sign Town of Esopus and City of Kingston Sewer Agreement

Supervisor Coutant explained how the Town of Esopus and the City of Kingston had an agreement in place to use the Kingston’s sewer treatment plant to process our sewage with our responsibility being 10.7% of the cost operation of the plant.  The agreement was for two thirty year renewable agreements.

Resolution to Authorize Town Supervisor
To Sign Contract Relative to
The Town of Esopus and City of Kingston
Inter-municipal (sewer) Agreement

Be it Resolved, by the Town of Esopus, in the County of Ulster, State of New York, as follows:

Whereas, the Town Board of the Town of Esopus authorizes the Town Supervisor to sign the contract relative to the Town of Esopus and City of Kingston Inter-municipal (sewer) Agreement.

Resolution offered by:  Councilperson Carl Belfiglio
Resolution seconded by:  Councilperson Gloria VanVliet

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

Resolution duly adopted.

 

Agreement to Exercise First Option and Inter-municipal
Agreement dated July 2, 1975, Between the City of Kingston
And the Town of Esopus

            Agreement made this 18th day of June, 2009, between the City of Kingston (Kingston) and the Town of Esopus (Esopus).

            Whereas, on the 2nd day of July, 1975, Kingston and Esopus entered into an Intermunicipal Agreement whereby the Kingston sewage treatment plant would process Esopus sewage; and

            Whereas, on the 21st day of May, 1997, Kingston and Esopus entered into an agreement amending the July 2, 1975, Intermunicipal Agreement; and

            Whereas, the Intermunicipal Agreement expired on July 2, 2005, although the parties continued to operate under the same terms and conditions of both the original Agreement and Amendment to Agreement; and

            Whereas, the parties wish to exercise the first option set forth in the July 2, 1975, Intermunicipal Agreement, which is for a period of thirty (30) years, and to further acknowledge their defacto exercise of said option through their respective actions from July 2, 1975 to date; said renewal option to be the same term identified in the original Intermunicipal Agreement, i.e. July 2, 2005 through July 2, 2035; and

            Whereas, a new sewer district has been created in the Town of Esopus adjacent to the Port Ewen sewer improvement area; and

            Whereas,  in addition to exercising the option, the parties wish to amend certain portions of the original agreements and to include certain additional provisions to be incorporated herein. 

Now, this Agreement witness:

            1.  Payment under this agreement shall be based on an average use of 646,000 gallons per day on a 6.2 million gallon per day capacity of the Kingston Sewage Treatment Plant.  This average shall be calculated on a quarterly basis and the average use shall be consistent with 646,000 gallons per day.  Esopus shall pay 10.42% of all costs incurred by Kingston to provide the services outlined in this Agreement and the preceding Agreements.  Said amount represents Esopus’ proportionate share.

            2.  As set forth in paragraph 2 of the 1975 Intermunicipal Agreement, installation and maintenance of the collection and the transmission system to convey waste water from Esopus to the treatment center is paid for entirely by Esopus.  This includes the operation and maintenance, calibration, and repair of the flow meter to quantify the waste water discharged from Esopus to Kingston.  Currently, a meter is located at the Town’s pump station with telemetering provided to a recorder at the City’s treatment facility.  On an annual basis, Esopus shall calibrate the meter and provide the City with a copy of the certification of calibration of the meter.  The cost for the same shall be paid for by Esopus.

            3.  In paragraph 3 of the 1975 Intermunicipal Agreement, operation and maintenance expenses are defined as those expenses relating to the secondary sewage treatment facility of the City.  It is hereby agreed that Esopus shall pay its proportionate shares for all costs relating to the treatment plant in its entirety.  This shall include all treatment facilities, any upgrades to existing facilities, or construction of new facilities of new facilities at the treatment plant.  In addition to those expenses listed in paragraph 3 of the 1975 Intermunicipal Agreement, the administrative, collection, treatment and disposal expenditures attributed to the treatment facilities shall be considered expenses and Esopus shall pay its proportionate share.  In addition, any chemicals and/or materials delivered directly to Esopus, such as the biocide odor control chemical, will be charged directly to Esopus on a per unit delivered to Esopus basis, rather than on a proportionate basis, based upon flow.

            Notwithstanding anything to the contrary set forth herein, Esopus shall not pay any portion of the costs or debt service for any expansion or upgrades of the existing facilities at the treatment plant or for construction of any new facilities which are required by or associated with new residential and/or commercial development in the City of Kingston.

            4.  Paragraph 5 of the 1975 Intermunicipal Agreement provides that payments will be made on an annual basis.  It is hereby agreed by the parties that payments shall be made on a quarterly basis for all operation and maintenance expenses.  All expenses associated with capital improvements shall be paid on an annual basis.  For the purposes of this agreement, the first annual payment shall be billed to Esopus by January 30, 2009.  Kingston shall bill Esopus for all capital improvements by January 30th of each year until the expiration of this agreement.
            5.  It is hereby agreed by the parties that Esopus shall pay 10.42% of all expenses and costs incurred for capital improvements to the City’s wastewater treatment facility.  As is set forth in paragraph 4 above, Esopus shall pay 10.42% of Kingston’s annual debt service payments beginning with the bill to be provided to Esopus on or before January 30, 2009.

            Notwithstanding anything to the contrary set forth here, Esopus shall not pay any portion of the costs or debt service for any expansion or upgrades of the existing facilities at the treatment plant or for construction of any facilities which are required by or associated with new residential and/or commercial development in the City of Kingston.

            6.  Paragraph 10 of the 1975 Intermunicipal Agreement provides that the Town adopt a Sewer Use Ordinance.  Attached hereto as Exhibit A  is Local Law 2 of 1979 which represents the Town of Esopus Sewer Use Ordinance.  Also attached hereto is the Sewer Use Ordinance of Kingston adopted in 2000.  It is hereby agreed that Esopus shall have a pre-treatment program in accordance with its Sewer Use Ordinance and Kingston’s Sewer Use Ordinance.  On a quarterly basis, Esopus shall provide to Kingston quarterly reports of its maintenance in order to ensure that its pre-treatment program is being properly administered and managed.

            7.  Esopus shall submit an approvable up to date SSES (Sewer System Evaluation Study) Engineering Report that specifically targets sewers that have experienced deterioration and/or accept excessive amount of I/I and that includes a prioritization schedule of implementation to rehabilitate the sewers that require work.  An approvable report will focus on the sections of the collection system that are the oldest and have the highest rate of I/I.  Esopus shall commence this study within sixty (60) days of the signing of this Agreement and shall make every effort to ensure completion of this study in a reasonable time.  Upon completion of the study, the Town of Esopus shall submit the same to the City of Kingston for its approval.  In the event that Esopus does not comply with the within provision, the City shall impose the penalties set forth in paragraph 10 on each occasion Esopus shall exceed the 1,292,000 of flow on any day during the term of this contract.  Esopus shall have two years to provide the City with an acceptable study set forth above.

            8.  It is agreed that subject to the permitted gallons of use set forth above, Esopus may transport sewage from the present sewer improvement area, as well as from the new sewer district that has been created in the town of Esopus, as long as usage does not exceed 646,000 gallons per day based upon a quarterly average.

            9.  It is hereby agreed that the New York State Department of Conservation has requested that Kingston monitor the waste water discharged from Esopus to Kingston to ensure that it meets the City’s Sewer Use Ordinance.  Esopus agrees to provide quarterly samples for the parameters to ensure the characteristics of the wastes are within the limits of the City’s Sewer use Ordinance.  Esopus shall provide a minimum of one sample per quarter for analyzing bio-chemical oxygen demand (BOD) and total suspended solids (TSS) to not only ensure that the limits of 300 mg/1 and 350 mg/1 respectively for BOD and TSS are not exceeded.  These quarterly samples are mandatory and shall be solely at Esopus’ expense.  In addition, Esopus agrees to provide sampling and analysis of two additional samples per annum of Esopus’ waste water by Kingston on a random basis in order for the City to verify the accuracy of the samples.  Also, Esopus shall provide copies of all samples taken in accordance with this paragraph.

            10.  Paragraph 15 of the 1975 Intermunicipal Agreement provides that the rules and regulations of NYS DEC will be complied with.  The NYS DEC has recommended that penalties and regulations be provided to limit the infiltration of the waste from Esopus to Kingston that exceed the agreed upon quantities, as well as characteristics.  It is hereby agreed that Kingston shall charge Esopus 10% more than its normal billing rate during any quarter where Esopus exceeds the agreed upon quantity of 646,000 average gallons per day calculated on a quarterly basis and/or or a BOD of 300 mg/1, and/or 350 mg/1 TSS analyzed during the period.  In addition, Kingston shall allow Esopus to exceed 1,292,000 gallons of flow on five days during any quarter.  However, if Esopus shall exceed this quantity on more than five occasions during any quarter, Kingston shall charge Esopus 10% more than its normal billing rate for the quarter.

            Notwithstanding anything to the contrary, if both the daily average exceeds 646,000 gallons calculated on a quarterly basis and the daily flow exceeds, 1,292,000 gallons more than five times in any quarter, there shall only be one charge of 10% more than the normal billing rate for that quarter.

            11.  All other terms and conditions of the 1975 Intermunicipal Agreements shall remain in full force and effect.  To the extent any provisions of the prior agreements are inconsistent with this Agreement, the provisions of this Agreement shall supersede and be controlling to those of the prior Agreement.  The parties agree that the                                        
first option to renew has been duly exercised, subject to the amendments set forth herein.

            12.  It is hereby agreed by the parties that the Intermunicipal Agreement and subsequent amendments thereto shall automatically renew for two additional 30 year periods unless notice is given by either party at least five years prior to the expiration thereof.

            In Witness Whereof, the parties hereto have signed this Agreement the date and year above written.

            Town of Esopus                                                     City of Kingston

By:________________________            By:_______________________
      John Coutant, Supervisor                         James M. Sottile, Mayer

RESOLUTION TO AUTHORIZE TOWN SUPERVISOR
TO SIGN CONTRACT RELATIVE TO
THE TOWN OF ESOPUS AND CITY OF KINGSTON
INTERMUNICIPAL (SEWER) AGREEMENT

BE IT RESOLVED, by the Town of Esopus, in the County of Ulster, State of New York, the following:

The Town Board of the Town of Esopus authorizes the Town Supervisor to sign the contract relative to the Town of Esopus and City of Kingston Intermunicipal (Sewer) Agreement.

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

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

Resolution duly adopted.

8.  Local Law No. 1 – Introduction – Flood Damage Control

This local law is for Flood Damage Prevention as authorized by the New York State Constitution, Article IX,  and Section 2.  and Environmental Conservation Law, Article 36.

Copies of this local law are available for review in the Town Clerks’ Office.  A public hearing will be held at our July 16th Town Board Meeting at 7 PM.

9.  Local Law No. 2 – Introduction – Amend Chapter 50 to Allow Building Inspector to Act

This local law is to Amend Chapter 50 to All Building Inspector, or Code Enforcement Officer or Storm Water Management Officer or Zoning Enforcement Officer to enforce provisions of the Flood Damage Prevention Law.

Copies of this local law are available for review in the Town Clerks’ Office.  A public hearing will be held at our July 16th Town Board Meeting at 7:10 PM.

10.  Local Law No. 3 – Introduction - Law Repealing Chapter #98

This is a local law to repeal Chapter 98 of the Town of Esopus Town Code effective upon the enactment and filing of a new Chapter 98.

Copies of this local law are on file in the Town Clerks’ Office for review.
A public hearing on this local law will be held at our July 16th Town Board Meeting at 7:20 PM.

11.  Local Law No. 4 – Introduction – Enactment of a “new” Chapter 98

This is a local law to adopt Chapter 98 Entitled Park Rules and Regulations for the Town of Esopus Town Code.

Copies of this local law are on file in the Town Clerks’ Office for review.  A public hearing on this local law will be held at our July 16th Town Board Meeting at 7:30 PM.

12.  Piano Donation – K. VanTassell

Kay VanTassell wrote a letter to the Town Board asking if they would accept a piano to be donated in the memory of her son Skip Brodhead.  The Town Board agreed as long as we find a place for the piano we already have.

13.  Budget Adjustments

None.

14.  Payment of Vouchers

Resolution Authorizing Payment of bills Since June 2009

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 091281-091335                                           $  35,311.17
Highway Fund 092116-092146                                          $  31,116.25
Capital Fund 905034-095036                                             $  16,640.80
Street Lights  096006                                                           $    4,831.89
Port Ewen Sewer 093070-093084                         $    4,237.46
Port Ewen Water 094145-094165                                     $  33,319.43

Total………………………………………………………..$ 125,457.00

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

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

Resolution duly adopted.

15.  Approval of Minutes

A Motion was made by Supervisor John Coutant and seconded by Councilperson Deborah Silvestro to approve the Minutes of the May meetings. 

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

Councilperson Gloria VanVliet abstained because she was not in attendance at the May Meeting.

16.  Reports of Officials and Committees

The following reports of officials and committees have been received and are on file in the Town Clerks Office:

Supervisors Report dated June 2009
Town Clerks Monthly Report for May 2009
Assessors’ Report dated June 8, 2009
Building Inspectors’ Report dated May 2009
Planning Board Minutes dated May 28, 2009
Port Ewen Water and Sewer Report dated June 9, 2009
Zoning Board of Appeals Minutes dated April 21, 2009
Port Ewen Water and Sewer Minutes dated March 10, 2009, April 14, 2009 and May 12, 2009.

Councilperson Deborah Silvestro mentioned the Klyne Esopus Strawberry Festival would be held on Saturday, June 20th from 12 Noon to 3 PM.

A Motion to adjourn was made by Supervisor John Coutant at 8:45 PM and seconded by Councilperson Deborah Silvestro.  All Town Board Members present voted in favor.  Motion Carried.

                                                                                    Respectfully submitted,

 

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