TOWN BOARD MEETING

OCTOBER 19, 2006

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, October 19th at 7:30 PM at 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

Absent: Councilperson Michael Lange

Councilperson Deborah Silvestro

Guests: Michael Melendy

Jon Haight

Ed Avery

Fred Becker

Steve Rodschat

Chris Lortz

John Meehan

Peter Koelli

Trevor Stevens

James Ellsworth

Gary Swinger

Louise Ferrante

Planning Board Chairperson Roxanne Pecora

Highway Supt. Al Larkin

Sal Silvestro

Daniel Rogers

Mary Beth Rogers

Patti Kowatch

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

Pledge to the Flag

Supervisor John Coutant called the meeting to order at 7:30 PM

Public Comment:

James Ellsworth: A request was made on behalf of the Ulster County Volunteer Firemenís Association, Inc.. to place clothing bins at our Transfer Station. This is a fund raiser for the firemen and a company has been contracted by them to place metal receptacles throughout Ulster County for the express purpose of depositing "Used Clothing" by residents of the community.

This has been done at six or seven other Transfer Stations. The size of the receptacle is six feet high and is four feet by four feet. The Supervisor thought one could be placed near the shed where the collections are made.

A motion was made by Councilperson Wayne Freer and seconded by Councilperson Deborah Silvestro to allow for a receptacle to deposit "Used Clothing" to be placed at our Transfer Station as a fund raiser for the Ulster County Volunteer Firemenís Association.

All Town Board Members present at this meeting voted in favor. Motion Carried.

Supervisor John Coutant will call Curt Dankelmann to ask if the bin can be placed near the Transfer Station shed.

Louise Ferrante - Member of the Environmental Board: Louise would like to encourage the Main St. Grant in Port Ewen. She is on a committee in the early stages. With the new road coming in there will be a lot of changes going on. Another point raised was she supports Somerset Development. Hopefully New York State Dept. of Transportation will add traffic lights to that area. Somerset is focusing on summer homes and she is here to support them. Supervisor Coutant stated when you look at Port Ewen we are really going through some dynamic changes. The realignment of this corner, the removal of the building, the new roads that the state is upgrading......we can take care of tourism the best way we can. He never thought we would see that kind of change in Port Ewen.

Jon Haight - Highway Employee asked if as the Town Board goes through agenda can we speak on each item? The Supervisor answered yes. Item 14 we will speak about the town budget and we will speak about longevity. Item 14 is the budget and the Town Board must review it before we can finalize it. The Supervisor would like to see a contingency of people within all departments review the salaries and longevity and iron out the problems we see in order to keep the people we have on board. Already we are one person short in the Highway Dept. There are some problems we should be facing. In 2008 we should have a definite plan for all the departments, a plan that will work for all of us and make it what it should be. I would be happy to put that type of committee together.

Fred Becker - Highway Employee: How many hours per month does each councilman put in and how many take the buyout? Councilperson Silvestro stated she has put in 47 hours a month on average for the first six months. Fred Becker continued....I would like to know what the total pay is with the benefits? Supervisor Coutant stated there is a sign on my door sometimes the phone rings two or three times in the morning before I can get my pants on. He is here to do his job to the best of his ability. Fred Becker continued...some do not put enough time in and only put in 15-20 hours a month and get benefits. Why should the taxpayers have to pay for that?

Councilperson Silvestro said you have an opportunity every two years. Councilperson Gloria VanVliet said she would have to check in her book to see how many hours she spends during a month. She does not take the buyout. Councilperson Freer said he does not keep track of the hours, however, he can tell you he spends a large amount of time between phone calls and meetings. He does not take the buyout.

James Ellsworth: If there is a possibility of getting a five percent raise that is well above the cost of living. Be thankful for a little bit. Supervisor Coutant has done a comparison with the Town of Ulster. Our town employees have accepted a three percent raise and they have done that

year after year after being told they would get more the following year. We are reaching the point that we have people employed by the Town that can get subsidized housing. We are behind the rest of the towns surrounding us. Your bills have gone up and so have the bills of the employees. They deserve a decent pay for a decent job. Jim Ellsworth was not opposed to that.

Jon Haight: We went from number 3 on the pay scale in the county to number 12. Our health benefits cost us $1,000. Our mortgages have gone up. How many years can we keep going backwards? I work two jobs to keep my head above water. Supervisor Coutant said the cost of blacktop has gone through the roof. The cost of energy, the water plant increased 40 percent in two months. What do we do with these situations? Where does our money come from? We are all in the same boat. The town has a good collection of people who work for us. They have the towns best interest at heart. We are going to put a negotiating committee together and look at this over the long term.

Tom Danielle: The rate of inflation is above four percent.

Councilperson Deborah Silvestro: A few weeks ago the Councilpersons received a letter in their mailboxes unsigned. We have our home phone numbers listed and we are available to speak with anyone. In this day and age safety is a real concern and she suggested making some kind of recommendation for how mail is received in Town Hall. We have more protection through the post office. When something like this comes into the Town Hall we should not accept it. Supervisor Coutant said it may be a safety issue but this is the first anything like this has happened. Councilperson Wayne Freer said he dismissed the letter because the person did not sign it to back it up. It was a derogatory letter about a prospective employee in the town.

Both Councilperson Silvestro and Councilperson VanVliet agreed it was a safety issue.

Sal Silvestro: There is federal recourse if the mail goes through the post office. Precautions must be taken for it is a legitimate concern. Councilperson Freer stated regarding letters, please sign them.

1. Announcement - Flu Shots & Pneumonia Shots

Ulster County will sponsor a Flu Clinic on November 13 from 9AM to 12 PM at the Moose Lodge in Port Ewen, New York. Medicare Part "B" will be at no cost. Without Part "B" there is a $20 charge and a pneumonia shot is $35.

2. Announcement - Leaf Pick-up by Town Highway Department

Oct. 23 through Nov. 22nd the Town of Esopus Highway Dept. will collect bagged leaves.

Fred Becker a Highway Dept. employee said the town should buy paper bags because these bags must be opened and you would not believe what is inside the bags. Biodegradable bags can be purchased.

Supervisor Coutant said we would skip down to item No. 5:

5. Resolution for 2006 Highway Dept. Leaf Pick-up - Change for 2007

Whereas, the Town of Esopus Highway Department personnel has expressed the need to modify the Townís current leaf pick-up program,

Whereas, plastic bags have been the practice for leaf pick-up which has resulted in items other than just leaves being found in bags,

Whereas, the potential for injury to the highway personnel is increased by having to slice open the bags with knives,

Whereas, plastic bags are not recyclable,

Therefore, Be it Resolved, that the Town of Esopus Town Board hereby adopted the use of both plastic and paper bags for the 2006 leaf pick-up due to the lateness of the season and to ease the town residents into the new program for next year,

Further, Be it Resolved, that the Town of Esopus Town board hereby adopts a paper bag only program for leaf pick-up effective with the leaf pick-up program for 2007.

Resolution offered by Councilperson Wayne Freer

Resolution seconded by Councilperson Gloria VanVliet

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Absent: Councilperson Michael Lange

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

 3. Appointment of Bookkeeper for Town of Esopus

Bernadene Quimby will be retiring after seventeen plus years as bookkeeper for our town. The Town Board had several candidates and interviewed four people who were interested for this position.

Resolution to Appoint a Bookkeeper For the Town of Esopus

Whereas, the Town Board of the Town of Esopus is in need of hiring a new bookkeeper due to the retirement of Mrs. Bernadene Quimby at the end of 2006 after seventeen plus years with the town,

Whereas, the Town Board of the Town of Esopus sought applications for the position of Bookkeeper and interviewed several highly qualified candidates,

Therefore, Be it Resolved, that the Town of Esopus Town Board hereby authorizes the hiring of Ms. Debra Kain of 120 South Manor Avenue, Kingston, NY 12401 as a provisional bookkeeper in accordance with Civil Service requirements,

Further, Be it Resolved, that Ms. Kainís provisional status will prevail until completion of the required tests to meet Civil Service requirements.

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Wayne Freer

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Absent: Councilperson Michael Lange

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

4. Motion to Re-Schedule Public Hearing

Supervisor Coutant said a Public Hearing for Somerset Development had been scheduled for October 25th and was advertised in the Daily Freeman, however, there was a typographical error and the meeting must be rescheduled for November 2nd at 7 PM.

Supervisor John Coutant made a Motion to re-schedule the Public Hearing for Somerset Development for November 2nd at 7 PM. Councilperson Deborah Silvestro seconded the
Motion. Councilperson Gloria VanVliet voted no. Councilperson Wayne Freer voted no. Councilperson Michael Lange was absent. Supervisor Coutant and Councilperson Deborah Silvestro voted in favor. The Motion Failed.

Councilperson Wayne Freer did not think we were ready for a Public Hearing. There are questions from the Water Dept. also and there are questions that have not been answered properly and I am voting no. Councilperson Gloria VanVliet would like to speak to our Attorney Paul Kellar herself. There are questions that have not been answered from Paul Kellarís first communication.

Again our Water Dept. Superintendent has recommended an engineer be hired and I am not ready to vote for this tonight. Supervisor Coutant thinks the water situation referred to by the Superintendent needs to be sent to the Water and Sewer Board for their recommendation first and that is what I have done along with the report going to the Water Board. The engineering firm that has looked at that system ....they are an engineering firm that this town has used and they keep very accurate reports that have been verified and checked.

Supervisor Coutant asked if the Councilpersons would reconsider and they answered no. Councilperson Silvestro suggested going ahead with the public hearing for it is the only way to move this forward and we need the opinion of the general public and how they feel about it. Councilperson VanVliet again stated there are too many unanswered questions and she would like to talk to Attorney Paul Kellar. The first letter Paul Kellar sent raised a lot of issues. Supervisor Coutant believed those issues had been resolved. It was not resolved with us. Councilperson Freer would like to meet with our attorney, Somersetís attorney and the Town Board and go over our concerns so that we have some intelligent answers to give at this Public Hearing and we are not asking the same questions over and over. We are not ready to go for a Public Hearing. Supervisor Coutant challenged Councilperson VanVliet and Councilperson Freer to call Attorney Paul Kellar and discuss the situation with him. Supervisor Coutant said Somerset just had a meeting of the lawyers. They reviewed the documentation. Councilperson Freer said we still did not have any input and that is the problem.

6. Town Hall Update - Joe Hurwitz, Architect

Architect Joseph Hurwitz and Bob Pritchard from Brinnier and Larios attended this evenings meeting to review what has to happen with the bids coming in $900,000 over our budget. Architect Hurwitz said we must cut out all of the goodies and he is going to incur major expenses to redesign the Town Hall. To reduce the floor plan, even if it went on budget, things would have to be taken out. The major component is the change to the site plan. The cupola gave the building character and created space and it speaks to the dignity of the community but we cannot afford it. The best comparison is a car with bells and whistles....all the bells and whistles will be taken out. You will see a change in some of the goodies. The site work has been reduced. We had wonderful outdoor space which we cannot afford now. Some items you absolutely want. We are putting out the bare bones building. We will be under and then we can back up some and add on alternates. Geo-thermal will have to be a choice. The cupola will be an add on alternative. It is critical that the floor plan be built. We cannot afford the second staircase to prevent mixing the prisoners with the public. If we come in under budget we can begin selecting the add on alternatives.

Supervisor Coutant stated the things discussed at the architect office, the Town Board has received copies of those choices. The site plan, the systems, and the parking lot we should review now. It will impact Bowne Street with the water lines. This is a major change on the site.

Jon Haight: Are you abandoning the geo-thermal system for this can be a huge savings in the future? No, replied the architect it is an add on alternative. Councilperson Silvestro agreed. If you look at the cost of a regular heating and air-conditioning system there is considerable savings, however, over the years there will be more savings. There was another question about the rock on the project...we never heard about this. Bob Pritchard, Engineer for Brinnier and Larios said 24 test probes were drilled where the water and sewer lines were to be placed. We then did tests on the building site and we know there is rock but not that much. It is not a lot of rock but we expect to encounter some rock. We could not test probe every possible site.

Councilperson Gloria VanVliet: When the bids were opened there was a lot of information about rock. 1,600 cubic feet of rock. Supervisor Coutant explained there were bids at $.95 per cubic yard to $300 per cubic yard. The $.95 was a mistake and should have read $95.00 a cubic yard. Councilperson VanVliet asked why was that rock a problem to them? Was there something in the specifications to believe it would cost more. Architect Hurwitz said we usually estimate more rock then is necessary. That is not the major reason for the cost increase.

Fred Becker: He was told there was a lot of hard rock there. Architect Hurwitz answered he had estimated high after boring was done, however, you cannot know what the cost will be? The site is 24 acres and we are only using 6 acres from 9W back 800 ft. to the building. We would be tying into two major subdivisions. We wanted to develop access to the rear of the property, therefore, we developed the roadway and estimated the water and sewer lines back. This was an opportunity to tie in or loop a dead end water system and tie into the Rt. 9W a ten inch system to provide access for water and sewer and strengthen the distribution system by tying into Bowne St.

Councilperson Freer asked why we were doing this? The water and sewer system would be upgraded but it should not have been paid for by the entire town.

136 parking places were designed and included landscaping and storm sewer collection and street lighting, now the whole project was brought back and we will not be tying into Bowne St. The water line The water line will be an eight inch line not a twelve inch line. The plaza area and the retaining wall will be eliminated and there will be a downward slope.

Supervisor Coutant stated when information about the loss of the ten inch main coming off of Rt. 9W and not creating a loop to Bowne St. but going to the deadhead fire hydrant Water Dept. Supt. asked what we were doing with it? If we ran a six inch line up to the fire hydrant that is what is required along with the sewer going out Bowne St. and the water coming of Bowne St. and his comment was "that will never be approved by the Ulster County Health Dept.". If we agree to do just that, do you foresee a problem with it being approved? Bob Pritchard answered did not see a problem. From an engineering point of view and from Don Kiernanís point of view it is a good idea to loop the system, however, from an economic point of view, and that is what we are doing here, it might make sense just to consider effectively tying into Bowne St.

It is not the best way to do it but it works. It provides sufficient water for the sprinkler system as well as domestic use. Supt. Don Kiernan commented the Board of Health will have a problem with a main having 5,000 gallons of water in it and a building that is using less than 200 gallons a day. You have a serious stagnant water issue and I will not endorse it.

James Ellsworth: He asked what the cost difference would be between a ten inch main and a six inch main? The cost would be significant.

Architect Hurwitz continued.....The parking spaces have been decreased from 136 to 98. The site work has been eliminated, the lighting has been eliminated as well as the retaining wall. The railing has been eliminated. Fred Becker stated eliminating the lighting is not good at all. The lighting will be another add on alternate stated Joe Hurwitz we are going to be on budget. There will be $400,000 difference on the site plan. Councilperson Silvestro said our library had come in over budget and they took out everything. Architect Hurwitz said we are dealing with the Wicks Law which raises everything twenty-five percent.

The Supervisor stated the purpose of Joe Hurwitz and Bob Pritchard coming down here tonight is the educate the Town Board and show just what their plans are to put this Town Hall back in budget. This Town Hall was progressing and the three million dollars we borrowed was transferred over to us on October 11th. Originally we had a seven month building schedule and then a nine month schedule with a date of June 30th. We have until the end of 2007 to be out of this building. A letter written to Kay VanTassell had a date spring of 2008 but there was issue with the author of that letter.

Bob Pritchard asked if this is the kind of position the Town Board wants to deal with? Councilperson Freer answered we should pull back to the point where we can come underbid and with all the add onís the Town Board can decide on those. Bob Pritchard said it becomes difficult with the site plan. We have really two different projects. Hurwitz said if you are under budget you take those items which you really want and sit down with the low bidder and negotiate.

Supervisor Coutant asked it has been suggested we move the Town Hall to where there was no rock underneath it? It was my understanding the site was picked because of the height of the land and it would mean less excavation. Is that correct? Yes. Where were the original site holes done? They were in the same place.

Tom Danielle asked what is being taken off this plan permanently that you cannot put in? Bob Pritchard answered there was a totally different design and all the run off will now go back to this pond where previously we had a upper level and a lower level....an upper drainage area and a lower drainage area. Everything must be re-graded. A totally different grading plan. Supervisor Coutant said the parking lot was moved closer and we agreed to place the geo-thermal wells under the parking lot. That would cut down the amount of walking to the building. Councilperson Freer asked why the geo-thermal wells would be placed under the parking lot? This is done all the time according to architect Hurwitz.

John Meehan asked about the road to Bowne St.? This is only an emergency access. There is no gravel then? The Town Board wants this as an add on alternate. Supervisor Coutant believes gravel is needed. If we excavated to place the water and sewer out to Bowne what more would it take to level it off and put gravel over it. I did not expect to lose that exit. Councilperson VanVliet saw a picture of a hard surface being placed in that could be used by emergency vehicles and a gate placed in. Bob Pritchard would hesitate to put a roadway through a parking lot.

Steve Rodschat asked about underground wiring? Underground is more expensive.

The cost would be $28,000.

Supt. Don Kiernan speaking as a Town Resident and taxpayer he was concerned with the road from Rt. 9W back to the Town Hall property. A senior citizen makes a left hand turn and we have a problem. Supervisor Coutant said there was a 400 ft. sight distance available from the entrance and it is safe. The NYSDOT lacked four feet of stopping a truck. If the miles per hour were reduced to 30 MPH we would be in compliance.

Sal Silvestro asked why not go out for another million dollars? You passed a three million dollar bond last year add another one million. Councilperson Wayne Freer we decided 3 million would be all that our taxpayers could afford. Architect Hurwitz said the current bids are good for 45 days. Councilperson Gloria VanVliet we did not want to add to the cost and that is why we did not go for the senior center. Supervisor Coutant construction costs have gone thru the roof since we began. $900,000 is based on the increased cost. We have tried to have a loop system for the water. Now we have to build a building and it must come in within the budget. Borrowing another one million would put the construction off for another six weeks and the costs could go sky high. Jon Haight told the Board copper has gone up 400 percent and inflation is going up.

Fred Zimmer asked if we were satisfied with some of the bids? Could you not just eliminate the site plan? We bid five individual bids the budget is 5.2 million for the entire building and once we redid it everything is changed substantially according to Architect Hurwitz. Fred Zimmer asked if other bids are good you could accept those bids and change the site plan? We have $400,000 taken off the site plan work and another $500,000 has to be taken out of the building. You still have a problem with inflation.

Supervisor Coutant thanked Architect Joe Hurwitz and Engineer Bob Pritchard for attending this evenings meeting. Councilperson Gloria VanVliet thanked the architect for the new drawing that were done at his expense.

7. Water Chestnut Vessel Repair

Last year the craft that harvests the water chestnuts failed. A new hydraulic pump had to be installed. Now the vessel does not steer in a straight line. Another hydraulic pump is needed on the opposite side. We are going to do this replacement in 2007. The cost of the part will be $1,500 to $1,600 and an additional $500 will be kept in the budget for possible additional repairs.

Resolution to Repair "Chester" Our Water Chestnut

Whereas, the Town Board of the Town of Esopus has reviewed the comments from the volunteers who operate the water chestnuts harvesting vessel,

Whereas, the vessel is in need of another hydraulic unit to equalize the steering of the boat,

Therefore, Be it Resolved, that this hydraulic unit be purchased in the early spring of 2007 and that the Town of Esopus Highway Department have it installed in the vessel prior to June , 2007.

Resolution offered by Councilperson Deborah Silvestro

Resolution seconded by Councilperson Wayne Freer

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Absent: Councilperson Michael Lange

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

8. Resolution to Increase Planning and Zoning Fees effective January 1, 2007

Whereas, the Building Department in the town of Esopus has studied its current fee structure and recommends that our fees be updated to bring us more into line with surrounding communities,

Therefore, Be it Resolved, that the Town of Esopus Town Board hereby adopts the fees as recommended by the Building Department and that these fees become effective January 1, 2007, for the Town of Esopus.

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Wayne Freer

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Absent: Councilperson Michael Lange

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

9. Resolution to Increase Building Department Fees effective January 1, 2007

There is a need to increase the Building Department Fees to be in line with other towns.

Resolution to Adopted New Fees For Planning and Zoning

Whereas, the Town of Esopus Planning Board has undertaken a study of the fees currently in place for Planning and Zoning,

Whereas, this study was done at the request of the town Board of the Town of Esopus,

Therefore, Be it Resolved, that the Town of Esopus Town Board hereby adopts the fees as recommended by the Planning Board for Planning and Zoning and that these fees become effective January 1, 2007 for the Town of Esopus.

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Wayne Freer

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Absent: Councilperson Michael Lange Aye

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

Roxanne Pecora, Planning Board Chairperson and Dennis Suraci were thanked for gathering the data.

10. Resolution for Shared Municipal Services - MS4 Regulations

Grants are available for Shared Municipal Incentive (SMSI) grant program. These grants were initiated to encourage municipal consolidation and cooperation. They are intended to cover costs associated with mergers, dissolutions and shared services, feasibility studies and capital. Up to $300,000 per municipality is available. Highway Supt. Al Larkin has put together this grant request.

1. For purposes of this contract, the following terms shall be defined as follows:

a. "Municipality" shall mean and city, county, town or village which has agreed to be bound by a contract for shared services or equipment similar in terms and effect with the contract set forth herein, and has filed a copy of said contract with the Clerk of the undersigned town.

"Contract" shall mean the text of this agreement which is similar in terms and effect with comparable agreements, notwithstanding that each such contract is signed only by the chief executive officer of each participating municipality filing the same, and upon such filing each filing municipality accepts the terms of the contract to the same degree and effect as if each chief executive officer has signed each individual contract.

"Shared Service" shall mean any service provided by one municipality for another municipality that is consistent with the purposes and intent of this contract and shall include but not be limited to:

The renting, exchanging, or lending of highway machinery, tools and equipment with or without operators;

The providing of specific service;

The maintenance of machinery or equipment.

"Superintendent" shall mean, in the case of a city, the head of the department of public works; in the case of a county, the county superintendent of highways, or the person having the power and authority to perform the duties generally performed by county superintendents of highways; in the case of a town, the town superintendent of highways and/or superintendent of public works; in the case of a village, the superintendent of public works.

2. The undersigned municipality has caused this agreement to be executed and to bind itself to the terms of this contract and it will consider this contract to be applicable to any municipality which has approved a similar contract and filed such contract with the undersigned municipality.

The undersigned municipality of this agreement grants unto the superintendent, the authority to enter into any shared arrangements with any municipality or other municipalities subject to the following terms and conditions.

The Town of Esopus agrees to rent or exchange or borrow from any municipality any and all materials, machinery and equipment, with or without operators, which it may need for the purposed of the Town of Esopus. The determination as to whether such machinery, with or without operators, is needed by the Town of Esopus, shall be made by the superintendent. The value of the materials or supplied borrowed from another municipality under this agreement may be returned in the form of similar types and amount of materials or supplies, or by the supply of equipment or the giving of services of equal value, to be determined by mutual agreement of the respective superintendents.

The Town of Esopus agrees to rent, exchange or lend to any municipality any and all materials, machinery and equipment, with or without operators, which such municipality may need for its purposes. The determination as to whether such machinery or material is available for renting, exchanging or lending shall be made by the superintendent. In the event the superintendent determines that it will be in the best interest of the Town of Esopus to lend to another municipality, the superintendent is hereby authorized to lend to another municipality. The value of supplies or materials loaned to another municipality may be returned to the Town of Esopus, by the borrowing municipality in the form of similar types and amounts of material or supplies, or by the use of equipment or receipt of services of equal value, to be determined by the respective superintendents.

The Town of Esopus agrees to repair or maintain machinery or equipment for any city/county/town/village under terms that may be agreed upon by the superintendent, upon such terms as may be determined by the superintendent.

An operator equipment rented or loaded to another municipality, when operating such equipment for the borrowing municipality, shall be subject to the direction and control of the superintendent of the borrowing municipality in relation to the manner in which the work is to be completed. However, the method by which the machine is to be operated shall be determined by the operator.

When receiving the services of an operator with a machine or equipment, the receiving superintendent shall make no request of any operator which would be inconsistent with any labor agreement. All machinery and the operator, for the purposes of workers compensation, liability and any other relationship with third parties, shall be considered the machinery of, and the employee of, the municipality owning the machinery and equipment.

The lending municipality shall be liable for any negligent acts resulting from the operation of its machinery or equipment by its own operator.

Each municipality shall remain fully responsible for its own employees, including but not limited to, salary, benefits and workers compensation.

h. The renting, borrowing or leasing, repairing or maintaining of any particular piece of machinery or equipment, or the exchanging or borrowing of materials or supplies, or the providing of a specific service shall be evidenced by the signing of a memorandum by the superintendent. Such memorandum may be delivered to the other party via mail, personal delivery, facsimile machine, or any other method of transmission agreed upon.

In the event any shared services arrangement is made without a memorandum at the time of receipt of the shared service, the superintendent receiving the shared service shall within five days thereof, send to the provider a memorandum identifying the type, time and date of the acceptance of the repair or maintenance shared service. In the event such shared service related to or included any materials or supplies, such memorandum shall identify such materials or supplies and time and place of delivery.

In the event a municipality wishes to rent machinery or equipment from another municipality or in the event a municipality with to determine the value of such renting for the purposes of exchanging shared services or a comparable value, it is agreed that the value of a shared service shall be set forth in the memorandum.

In the event machinery or equipment being operated by an employee or the owning municipality is damaged or otherwise in need of repair while working for another municipality, the municipality owning the machinery or equipment shall be responsible to make or pay for such repairs. In the event machinery or equipment is operated by an employee of the borrowing, receiving or renting municipality, such municipality shall be responsible for such repairs.

Records shall be maintained by each municipality setting forth all machinery rentals, exchanges, borrowing, repair or maintenance and other shared services. Such records will be available for inspection by any municipality which has shared with such municipality

In the event a dispute arises relating to any repair, maintenance or shared service, and such dispute cannot be resolved between the parties, such dispute may be resolved through mediation or arbitration.

Any municipality which is a party to this contract may revoke such contract by filing a notice of such revocation. Upon the revocation of such contract, any outstanding obligations shall be submitted within thirty days of such relocations.

Any action taken by the superintendent pursuant to the provision of this contract shall be consistent with the duties of such official and expenditures incurred shall not exceed the amounts set forth in the Town of Esopus budget for highway purposes.

The records of all transactions that have taken place as a result of the Town of Esopus of participating in the services afforded by this contract shall be kept by the superintendent

and a statement thereof, in the manner satisfactory to the Town of Esopus governing board, shall be submitted to the Town of Esopus Board semiannually on or before the first day of June and or before the first day of December of each year following the filing of the contract, unless the Town of Esopus Board requests the submission of records at different times and dates.

If any provisions this contract is deemed to be invalid or inoperative for any reason, that part may be modified by the municipalities which are a party to this contract to the extent necessary to make it valid and operative, or if it cannot be so modified, then severed, the remainder of the contract shall continue in full force and effect as the contract had been signed with the invalid portion so modified or eliminated.

This contract shall be reviewed each year by the Town of Esopus and shall expire five years from the date of its signing by the chief executive officer. The Town of Esopus Town Board may extend or renew this contract at the termination thereof for another five year period.

Copies of this contract shall be sent to the clerk and the Superintendent of each municipality with which the Superintendent anticipates engaging in shared services. No shared service shall be conducted by the superintendent except with the Superintendent of a municipality that has completed a shared service contract and has sent a copy thee of to the clerk or his or her municipality and the superintendent.

In Witness Thereof, the said Town of Esopus has by order of the Town of Esopus Town Board, caused these present to be subscribed by the Chief Executive Officer, and the seal of the Town of Esopus to be affixed and attested by the Clerk thereof, this 19th day of October 2006.

Town of Esopus

by:___________________________

Supervisor John K. Coutant

______________________________

Town of Esopus

The Town of Esopus is authorized and directed to file a copy of the contract set forth in the resolution with the chief executive officer of the following municipalities,

_________________________ __________________________ _____________________

This resolution shall take effect immediately.

The vote having been taken upon such resolution the result was as follows:

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Wayne Freer

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Absent: Councilperson Michael Lange

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

11. Return of Capital - Water/Sewer Department

Unused money from the $444,000 water pipe on Rt. 9W looks as if it will be returned in the amount of $62,000. This $62,000 will be used to pay down the bond for the project.

12. Colin Evans Appointment

The Town Board did appoint Colin Evans to the Kingston Public Access and the Supervisor read the acceptance of this appointment by Mayor James Sottile.

13. Resolution Authorizing the Establishment of the Town of Esopus Recreation Com.

Be it Resolved, by the Town Board of the Town of Esopus, in the County of Ulster, as follows:

Whereas, the Town of Esopus has multiple parks and recreation areas and there is a need to coordinate activities for all the residents of the town of Esopus

Whereas, the Town of Esopus is building a Community Center which will require organizational control by the Recreation Commission

Whereas, the Town of Esopus already has duties and responsibilities assigned to the Recreation Commission in the Town Code under Chapter 98, Park Rules and Regulations

Resolved, to establish the commission which shall be know hereafter as the "Town of Esopus Recreation Commission", formerly known as the Ross Park and the Town of Esopus Recreation Commission

Resolved, that the Town of Esopus Recreation Commission shall consist of five commissioners who shall be residents of the town and shall serve at the pleasure of the Town Board for a term of five years, and the members of such Commission first appointed shall be appointed for such terms that the term of one commissioner shall expire annually thereafter; and their successors shall thereafter be appointed to serve terms of years which shall total in number of membership of such Commission. (The Summer Program Director, chosen by the Town Board, and the Parks and Buildings Director, employed by the Town of Esopus, shall serve as ex officio members of the Commission.)

(Changed prior to acceptance of resolution to read......The Summer Program Director, chosen by the Town Board, and a parks employee employed by the Town of Esopus, shall serve as ex officio members of the Commission.)

Resolved, that the Town Board shall designate a member of the Commission to act as Chairman thereof. At the first meeting of the Commission, its members shall elect from among themselves a Recording Secretary. The Commission shall adopt rules and procedures for its monthly meetings. Three voting members shall constitute a quorum in order to carry out a vote. The Commission shall keep accurate records of its meetings and activities and shall file an annual report with the Town Supervisor.

Resolved, that the Commission shall submit its monthly minutes to the Town Board concerning the activities and work of the Commission, and shall submit its recommendations regarding the Recreation Budget by September 1, each year, to the Town Supervisor

Resolved, that the members of the Commission, including ex officio members, shall receive no compensation for their services as members thereof, but may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties within the appropriations made available thereof.

Resolved the vacancies in such Commission occurring otherwise than by expiration of term shall be filled in the same manner as original appointments.

Therefore, Be it Resolved, to establish the Town of Esopus Recreation Commission to advise the Town Board, notwithstanding the term set forth above, for the purpose of identification, coordination and systemization of all the recreation needs of the Town of Esopus, including but not limited to playgrounds, parks, neighborhood recreation centers, events and festivals, with all the powers and responsibilities of local authorities under Article 13 of the General Municipal Law

Resolution offered by Councilperson Deborah Silvestro

Resolution seconded by (at this time there was no second)

A Point of Order was made by Councilperson Gloria VanVliet to table this resolution. Supervisor Coutant voted no and Councilperson Silvestro voted no. The issue was not tabled..

Councilperson Wayne Freer was not in agreement with the resolution as it stood because it had been changed from the original resolution that had been discussed. The difference being "the Parks and Buildings Director, employed by the Town of Esopus, shall serve as ex officio members of the Commission. Councilperson Silvestro said there were minimal changes as recommended by Attorney Paul Kellar. Did those changes, asked Councilperson Freer, include the Parks and Buildings Director? No, that was in the a previous draft.

Councilperson Wayne Freer seconded the resolution with the following change:

The resolution was changed to read ""The Summer Program Director, chosen by the Town Board, and a parks employee, employed by the Town of Esopus, shall serve as ex officio members of the Commission."

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Absent: Councilperson Michael Lange

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

15. 2007 Town Budget

Supervisor Coutant had the following questions concerning the 2007 budget:

1. Court Clerk (How many Hours?)

#1 Lois DeKoskie @ $13.58 per hour 2007 $14.26 per hour

#2 Kathy Kubista @ $12.51 per hour 2007 $13.14 per hour

#3 Karen Bitonti @ $12.51 per hour 2007 $13.14 per hour

Is there a cap on their hours? 30 hours

Lois works up to 34.5 hours a week 30 hours

Kathy works 25-30 hours a week 30 hours

Karen works up to 25 hours per month the same

2. Building Dept.

New full time Bldg. Inspector/fire inspector salaried @ $18 per hr.

Clerk #1 28 hours

Clerk #2 21 hours

Supervisor Coutant questioned if Debbie Pugliese would still have a job? Councilperson Gloria VanVliet answered she has a job as a clerk and she will have a job as fire inspector until the Building Inspectors hires a full time position. The Town Clerk stated this budget will take effect January 1, 2007 is that correct? Yes.

3. Town Clerk

New Full Time Deputy? Yes

4. Recreation or new title

previous discussed

5. Assessor

Salary rate? 5 %

Define hours and salary of new bookkeeper?

This is a difficult question to answer. The money is in the budget for this year. There will be an overlap period. There will be a yearly salary and that will be broken down into an hourly rate.

Councilperson Freer recommended a five percent salary increase across the board.

15. Payment of Vouchers and Adjustments

Resolution Authorizing the Payment of Bills Received Since September 2006

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 #061588-061645 $ 30, 119.82

Highway Fund #062289-062326 $154,458.05

Capital Fund #065028-065035 $ 18,954.38

Street Lighting #066010 $ 4,809.01

Port Ewen Sewer #063117-063132 $ 5,949.63

Port Ewen Water #064240-064262 $ 12,796.82

Total...............................................................................................$227,087.71

Resolution offered by Councilperson Wayne Freer

Resolution seconded by Councilperson Gloria VanVliet

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Absent: Councilperson Michael Lange

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

Resolution to Authorize Adjustments to the 2006 Budget

October 19, 2006

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

Whereas, the adjustments to the 2006 Budget are required in order to reflect changes in certain accounts,

Therefore, Be it Resolved, that the Town Board authorizes the transfer of the following amounts from the indicated accounts and fund balances to the indicated active accounts:

From: Amt. To:

A.1990.4 $5,586.75 A.1220.4 $ 56.36 Supervisor Contractual

A.599 $4,432.64 A.1420.4 $ 638.75 Legal

A.6140.4 $6,139.17 Home Relief

A.7140.1 $ 266.34 Rec. (Colleenís Pay 3 mo.)

A.8020.4 $ 619.87 Planning Board

A.8162.4 $ 888.89 Landfill Maintenance

A.9055.8 $ 94.45 NYS Disability

A.9710.7 $ l,215.56 Int. on Serial Bond

Total...............$9,919.39

Resolution offered by Councilperson Gloria VanVliet

Resolution seconded by Councilperson Wayne Freer

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Absent: Councilperson Michael Lange

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

16. Approval of Minutes

Prior to the approval of the minutes Councilperson Wayne Freer had a question about the

budget meeting where the Assessor appeared before the Town Board and abruptly left and returned, this was not in the minutes. The Town Clerk said this incident was mentioned in the Workshop Minutes because Councilperson Gloria VanVliet was upset about it. The minutes for the budget meeting were not revised but the incident was placed in the Workshop Minutes since it was discussed.

A Motion to approve the Minutes thru September 2006 was made by Councilperson Wayne Freer and seconded by Councilperson Gloria VanVliet. All Town Board Members voted in favor. Motion Carried.

17. Monthly Reports and Correspondence

The correspondence for September is available for review as well as the following reports of officials, boards and committees:

Town Clerkís Report for September 2006

Highway Supt. Report for September 2006

Environmental Board Report dated September 20, 2006

Planning Board Meeting Minutes dated August 24, 2006

Monthly Report of the Building Inspector dated August 2006

Fire Inspectors Report for 2006

Public Comments:

Councilperson Wayne Freer we have gone over our budget and we will hold a Public Hearing on November 2nd at 7:30 PM. The budget must be adopted by November 15th. A vote could be taken following the Public Hearing.

Steve Rodschat spoke regarding Bernadene Quimby our present bookkeeper and he was advised the new bookkeeper would be making more in salary than Bernadene. Councilperson Wayne Freer said it was a little less. Bernadene endorsed the person we are hiring.

Jon Haight said not to criticize Dan Vedder for asking for more money...we all would like more. With the Highway Dept. your heavy equipment operator makes only $.25 more an hour and your lead man in charge of the crew makes only $.50 more an hour. To be asking for several dollars more an hour it is hard to swallow. The Water Dept. they have to go to college for courses to run the water plant. Councilperson Freer said there are disparities throughout the entire budget and we hope when we sit down with a group of people from the Highway Dept., the Clerkís Office, Building, we discuss the disparities. Steve Rodschat believes Dan Vedder needs more help. In the 2007 budget there is more help in the budget.

Thomas Daniele Proposal: The following proposal was given to the Town Board:

Thomas Daniele

Contractor, Inc.

P O Box 1026

Millbrook, NY 12545

845-677-5100

May 9, 2006

PROPOSAL

To: Town of Esopus

Attention: John Coutant

P O Box 700

Port Ewen, NY 12466

Re: Rough Grade Road and Install 10 inch Water Main with Valves from Rt. 9W approximately 630 l. f. in on roadway for new Town Hall.

1. Rough grade road from 9W to where water pipe tees off to Bowne St., to subgrade, install (3)

10 inch water valves @Rt. 9W, install (3) 10 inch water valves @ future road for Heavenly Valley Phase 2, install (2) 10 inch water valves and (1) 8 inch water valve where water pipe tees off to Bowne St., install 10 inch water main pipe from Rt. 9W to town road where water pipe tees off to Bowne St.

*Grade stakes to rough in road to sub base to be installed by others.

*Permits required for construction of roadway and tie into water main on Rt. 9W to be acquired by others.

*Local water dept. to work with us tying into water main so we can move as quickly as possible off of road and arrange for Thomas Daniele Contractor to get same discount as town on water main, valves, and related material.

Material

-600 1f of 10 inch water main

-(9) Resilient seat wedge gate valves

-(3) 10 in x 10 in x 10 in Tís

-(27) 10 in MCGA lug fittings

-Road sand for around pipe

This proposal was already discussed with Water Supt. Don Kiernan. A contract will have to be drawn up with our Attorney. A meeting between Tom Daniele, Joe Hurwitz, Bob Pritchard and Don Kiernan should be the next step. This project will be a deductible alternate.

A Motion to adjourn was made by Councilperson Gloria VanVliet at 10:30 PM seconded by Supervisor John Coutant. All Members present voted in favor. Motion Carried.

Respectfully submitted,

 Diane L. McCord

Town Clerk, CMC, RMC

Reg. Dir. Dist. 2 NYSTCA