Town of Esopus Town Board Meeting Minutes

TOWN BOARD MEETING
AUGUST 16, 2007

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, August 16, 2007 at the Town Hall in Port Ewen, New York with the following persons in attendance:

                                                Supervisor John Coutant
                                                Councilperson Gloria VanVliet
                                                Councilperson Wayne Freer
                                                Councilperson Michael Lange
                                                Councilperson Deborah Silvestro

Recording Administrator: Diane L. McCord
Town Clerk, CMC, RMC

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

Pledge to the Flag

A Motion to hold the Public Comment period after the Dist. 16 Championship Awards to the boys were given was made by Councilperson Wayne Freer and seconded by Supervisor John Coutant. All Town Board Members voted in favor. Motion Carried.

District 16 Champions - Town of Esopus Boys 9-10 Year Olds

The Town Board presented the Town of Esopus Boys 9-10 year old who won the District 16 Championship with achievement awards to the following:

            Danny Garner               Thomas Mains              Jordyn Schwark
            Danny Myers                Joel Kivlan                               Anthony Rallo
            Kieran Ryan                 Doug Terrone                           Benji Farell
            Michael Whelan            Matt Davidson              Dylan Henn

A plaque was given to the coaches Dean Myer, Clark Mains and Joseph Rallo. Signs will be installed at the entrances to town stating our boys are the District 15 Champions.

Public Comment:

Sally Buboltz: She came this evening as a grandparent who’s grandson went to the Summer Park Program and it was wonderful. There were lots of kids and lots of fun. It was a wonderful program and she could not say enough about Julie Habernig and the staff at the camp. She suggested determining by April what the charge will be. A measure of a community is your commitment to the children.

Roscoe Pecora: As a District One Democratic Committeeman and he wanted to say for the Town Board and those watching that he is appalled and offended by a recent fund raising letter that was put out by the Chairman of our party Sal Silvestro saying that the office badly needs professional management in regard to the Tax Collector’s Office. He wanted people in this town to know that this Democratic Committeeman in District One, a true Democrat, believes Patti Huber has been an outstanding excellent tax collector and has been most professional and kind and that is the whole scam. He wanted the Town Board to know that he is appalled at the letter attacking Patty Huber.

TOWN HALL UPDATE - Charles Wesley, Clerk of the Works

Charlie Wesley reported the progress at the Town Hall site July 19 - August 16. (attached).

Charlie Wesley read a response to the Letter to the Editor, which appeared in the Daily Freeman August 10th, 2007. (Charlie Wesley’s letter is attached as well as the letter posted on the Town Clerk’s bulletin board).

There was discourse during the reading of this letter.

Joseph Hurwitz, Architect:

Joe Hurwitz addressed the Town Board at length stating he did not want to get involved in political issues. Basically, Mr. Hurwitz was distressed over the accusations made concerning his reputation as an architect. These accusations were made in Letters to the Editor and in articles appearing in the Daily Freeman. As an architect on the Town of Esopus Town Hall project he stated he was totally responsible for the entire project including the Clerk of the Works and any attack made on this project reflected upon him. We are involved in the political season. This is a professional issue.

At this point Sal Silvestro interrupted Mr. Hurwitz and was called out of order by Supervisor Coutant. Sal Silvestro said he had a “Point of Order”, repeatedly. There was discussion between the Supervisor and Sal Silvestro. Councilperson Michael Lange had a Deputy Sheriff remove Sal Silvestro from the building.

Joe Hurwitz took out a half page ad in the Ulster County Press in response to a Letter to the Editor written by Joseph Aivaz regarding the Town Hall project.....he read and referred to portions of this ad. (attached)

He referred to an article in the Daily Freeman in which Councilperson Silvestro stated “contracts were poorly written” and “it is going forward but it could have been better”. He quoted “I think that what they did was to build in penalties and that is why our bids came in over budget.” There is no mention the fact of the expensive construction environment, no mention of the fact the cost of copper has gone up. Councilperson Silvestro asked has the cost of copper gone up that much since last year? What did the bids came in at?

Budget Adjustments
August 16, 2007

Be it resolved, by the Town Board of the town of Esopus, County of Ulster as follows:

Whereas, the Town Board of the Town of Esopus has been presented with the following budget adjustments,

Now, Therefore, Be it Resolved, that the following budget adjustments be approved:

Revision from July Adjustment - Lawn Mower
                                                                        A0 7110.2       $4995              AO.0599
Sewer Collections                                            AO1410.4       $1200              SS8110.4
Water Collections                                           AO1410.4       $1200              SW8310.4
Park Recreation Wages                                 AO7140.1       $4851.07         AO2001
Park Recreation Wages                                    AO7140.1       $ 813.72       AO2001

Resolution offered by
Resolution seconded by

Resolution

Budget Adjustments
August 16, 2007

Be it resolved, by the Town Board of the town of Esopus, County of Ulster as follows:

Whereas, the Town Board of the Town of Esopus has been presented with the following budget adjustments,

Now, Therefore, Be it Resolved, that the following budget adjustments be approved:

Resolution offered by
Resolution seconded by

Resolution

Councilperson Silvestro thought the bids in October being completed by June of the following year was unreasonable and there was no way those contractors could get the building closed in order to complete any interior work to have that building finished by June.

Supervisor Coutant interrupted saying this was turning into an argument. Councilperson Silvestro asked who orchestrated this all tonight....it started with Charlie Wesley, now Joe, this is totally unnecessary and it was to be a report on the Town Hall? Councilperson Silvestro referred to the letter to the editor came about because Charlie Wesley band her from the contractors meetings. She wanted the public to know when the Library was building their building there were contractors’ meetings and she attended several of those meetings. She wanted to keep a bit of oversight for the taxpayers as to what is going on.

At this point.....several conversations took place at once. Councilperson Silvestro felt she was the one under attack tonight.....Joe Hurwitz disagreed....he was under attack and this was his living and he quoted “Contract specifications were written poorly”. Councilperson Silvestro said she did not use “contract specifications” in a technical way.

This argumentative conversation continued on and on. In conclusion Architect Hurwitz stated we have a great building for a great price...let us do our job. Councilperson Silvestro concluded stating Hurwitz bill for re- printing the bids was $12,400. She ended stating this sounds like the Ulster County Jail. Councilperson Silvestro did call Robert Freeman, concerning her being barred from attendance at the construction meetings and he stated as long as no quorum was present that it was not subject to the Open Meetings Law, however, he did say it was “highly unethical”.

Michael Minor: As a Library Member, Councilperson Silvestro did attend two construction meetings. The Clerk of the Works needs to get the job done. Let us get the building built correctly and as efficiently as possible. “Get her done now”. Councilperson Silvestro stated she was very concerned about the taxpayers money and seeing the building go forward.

Supervisor Coutant took office prior to when the Architects contracts were signed. The anticipated completion date was December 31, 2007 ...it was never a drop dead date. The last phase of the project was to be the removal of the present Town Hall.

Supporting documents inserted here are available from the Town Clerk

Please see the Town Clerk for copies of the municp

Councilperson Wayne Freer made a MOTION to approve the Intra-Municipal Agreement and Supervisor John Coutant seconded the Motion.

Supervisor John Coutant Aye
Councilperson Gloria VanVliet Aye
Councilperson Wayne Freer Aye
Councilperson Michael Lange Aye
Councilperson Deborah Silvestro Aye

Resolution duly adopted.

5 Minute Recess was taken by a Motion made by Councilperson Wayne Freer and seconded by Councilperson Michael Lange at 9:10 PM. All Town Board Members voted in favor.
Motion Carried.

A Motion to continue the meeting was made by Councilperson Michael Lange and seconded by Councilperson Wayne Freer at 9:15 PM. All Town Board Members voted in favor. Motion Carried.

2. Devereux Community Home

Everything seems to be in order with this community home. We asked for a release statement from them concerning the liability issue with the neighbor but we have not received this release.

A Motion was made by Supervisor John Coutant and seconded by Councilperson Wayne Freer to have the Town Board approve the Devereux Foundation to purchase the Brechter House on Doris Street with the understanding a release of responsibility for Mr. & Mrs. Shelightner be obtained.

                                                            Supervisor John Coutant                 Aye
                                                            Councilperson Gloria VanVliet        Aye
                                                            Councilperson Wayne Freer Aye
                                                            Councilperson Michael Lange         Aye
                                                            Councilperson Deborah Silvestro    Aye

Motion Carried.

3. Sanitary Pump Station

There is a problem with the Resolution for Sanitary Pump Station ownership and maintenance according to Councilperson VanVliet who conferred with Water/Sewer Supt. Don Kiernan..

A Motion to table this resolution was made by Councilperson Gloria VanVliet and seconded by Councilperson Wayne Freer.

Motion Carried.

4. Report on Lawn Mower

A lawn mower lost to fire this summer has been reimbursed by the insurance company with a check in the amount of $7,495. We were only responsible for the $500 deductible.

5. Approval of Water Pipe

It will cost $7,020.24 for the material to complete the water loop from the north side of the Town Hall going out to Bowne Street. If the Town Board does not approve the water loop there would be stagnant water in the line.

A Motion to accept the water loop from the north side of the new Town Hall to Bowne Street at a cost of $7,020.24 was made by Councilperson Michael Lange and seconded by Councilperson Wayne Freer.

Motion Carried.

6. Tucker’s Pond

This project has been a dormant one and is now being reviewed. It has been determined that this project can be completed if we have an easement for the piping of storm water going under this
project and if we have re-alignment of the driveway and the stabilization of the soil. The building permit on this project has never lapsed and this gave them the right to change under the 1993 time frame. The Supervisor thanked everyone for their mutual effort.

7. After School Program

The Recreation Committee approached the Town Board to do an After School Program at Robert Graves School. A preliminary budget has been put together. The income the program will have was questioned. They anticipate twenty five students to attend. It was suggested a flyer go out to parents to see if they are interested. Rec. Com. Member Kathy Robinson said the program will pay for itself. Julie Habernig is willing to help as Recreation leader. Is there a cost for rental of the school asked Councilperson Freer? We may need a certificate of insurance. The committee will check on this. Councilperson Silvestro asked why the previous program ended? Patti Kowatch answered it was a volunteer program. Anna Devine School has a Latch-Key Program through the YMCA.

A Motion was made by Councilperson Deborah Silvestro and seconded by Supervisor John Coutant to proceed with the After School Program at Robert Graves School.

Motion Carried.

A discussion took place regarding the extra staff that was hired for the Summer Park Program and the money that had to be transferred into the account. Councilperson Freer was not aware of the extra staff. A comparison needs to be made for the cost of the Summer Park Program and the cost of operation.

8. Resolution - Propane Bids

Whereas, the Port Ewen Water/Sewer District advertised and received bids for Propane to be supplied for a period of (1) one year, beginning September 1, 2007 and ending August 31, 2008.

Whereas, bids were received and opened at the office of the Town of Esopus town Clerk, on August 13, 2007.

Whereas, the lowest bidder for Propane was KOSCO, P O Box 760, Port Ewen, New York 12466, at a price of $1.61 per gallon.

Therefore, Be it Resolved, that the Town of Esopus Town Board award the bid to KOSCO.

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.

9. Request to Attend Conference - Highway Superintendent

A Motion was made to authorize Highway Superintendent Al Larkin to attend NYS Highway School in Ithaca September 25-28th. This motion was offered by Supervisor Coutant and 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.

10. Resolution to Appoint Paul Kellar, Esq. to Represent Town in Certiorari Weitze Case

Whereas, Peter and Kathy Weitze has commenced a proceeding under Article 7 of the Real Property Tax Law regarding the assessment of certain properties in the TOWN OF ESOPUS and

Whereas, the Town of Esopus must retain legal counsel to defend said legal proceedings;

Now, upon motion of Supervisor John Coutant seconded by Councilperson Wayne Freer it is hereby

Resolved, that Attorney Paul Kellar of the law firm Kellar, Kellar & Jaiven be retained to represent the town of Esopus and to take such steps as may be necessary to defend the Town of Esopus is said legal proceedings.

                                                Supervisor John Coutant                 Aye
                                                Councilperson Gloria VanVliet        Aye
                                                Councilperson Wayne Freer Aye
                                                Councilperson Michael Lange         Aye
                                                Councilperson Deborah Silvestro    Aye

Resolution duly adopted.

11. Introduction of Local Law Amending Chapter 9

Supervisor John Coutant introduced a Local Law:

The following amendment is made to Chapter 9 of the Town of Esopus Code:

1. Chapter 9-3 of the Town of Esopus Code is amended by adding subparagraph (D.)

The Town Supervisor, the Chairman of the Planning Boad, the Chairman

                        of the Town of Esopus Recreation Commission, the Town Attorney and
                        other officials that may be hereafter designated by the Town Board shall be
                        ex officio members of the Board.

A Public Hearing will be held on Thursday, September 20th at 7:15 PM in the Town Hall on 174 Broadway in Port Ewen, New York to adopt Local Law No.3.

There will be no Workshop Meeting on September 4th due to the Labor Day Holiday. September 18th is Primary Day. We will not have a Workshop Meeting.

A Motion to dispense with the Workshop Meeting on September 4th due to the Labor Day Holiday and September 18th due to Primary Day was made by Councilperson Wayne Freer and seconded by Supervisor John Coutant. All Town Board Members voted in favor. Motion Carried.

12. Payment of bills and vouchers and adjustments

Resolution Authorizing the Payment of Bills Received Since August 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 #-071468-071469 $ 19,822.43

Highway Fund                        # 072218-072253                              $ 87,467.14

Capital Fund                         # 0750120075017                                 $ 19,508.02

Street Lighting # 076008 $ 4,506.74

Port Ewen Sewer #073091-073102 $ 4,274.27
Port Ewen Water #074219-074233 $ 37,485.07

Total...............................................$ 173,063.67

Resolution offered by
Resolution seconded by

                                                Supervisor John Coutant
                                                Councilperson Gloria VanVliet
                                                Councilman Wayne Freer
                                                Councilman Michael Lange
                                                Councilperson Deborah Silvestro

Resolution duly adopted.

Budget Adjustments
August 16, 2007

Be it resolved, by the Town Board of the town of Esopus, County of Ulster as follows:

Whereas, the Town Board of the Town of Esopus has been presented with the following budget adjustments,

Now, Therefore, Be it Resolved, that the following budget adjustments be approved:

Revision from July Adjustment - Lawn Mower
                                                           A0 7110.2         $4995              AO.0599
Sewer Collections                              AO1410.4       $1200                SS8110.4
Water Collections                              AO1410.4       $1200              SW8310.4
Park Recreation Wages                                 AO7140.1       $4851.07         AO2001
Park Recreation Wages                       AO7140.1         $ 813.72       AO2001

Resolution offered by
Resolution seconded by

13. Review Committee of Personnel Policies
A Motion to have JoAnna Mignone and Bruce Woinoski appointed to this Review Committee was made by Councilperson Wayne Freer and seconded by Supervisor John Coutant. All Town Board Members voted in favor. Motion Carried.

14. Town Board Minutes Approved

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

15. Reports of Boards and Committees

The following Reports of Boards and Committees have been received and are on file in the Town Clerks’ Office:

Assessors Report dated August 2007
Town Clerks’ Report for July 2007
Building Dept. Report for July 2007
Planning Board Minutes July 26, 2007
Zoning Board of Appeals Minutes June 19, 2007
Port Ewen Water & Sewer Minutes June 12, 2007
Port Ewen Water & Sewer Monthly Report August 14, 2007

A Motion to adjourn the meeting was made at 9:55 PM made by Supervisor John Coutant and seconded by Councilperson Wayne Freer. All Town Board Members voted in favor. Motion Carried.

Respectfully submitted,

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