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TOWN OF ESOPUS TOWN BOARD MEETING

NOVEMBER 16, 2006

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, November 16, 2006 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

Councilperson Michael Lange

Councilperson Deborah Silvestro

Administrative Recorder: Diane L. McCord, Town Clerk

Public Comments:

Madelyn Lussier: The Senior Citizens would like to have a Christmas Party at the LaMirage on December 10th 1-4 PM. Music will be provided by Ed Rock. At this time we have to Recreation Commission in place and no one is in charge of the events. There is a line item in our budget for recreation and the Halloween Skate, Valentine Skate and the Senior Luncheon are in that line item. There is enough money available.

Councilperson Deborah Silvestro: There is a line in the budget where a lot of items were covered including the Valentine Skate, Halloween Skate, Easter Egg Hunt and St. Patrick’s Day Candy give away. Unfortunately, there has been no Recreation Commission in the town until last month when there was a resolution creating it. No one is actually in charge of those events and all of the events mentioned have not been held this year. Pending the appointment of people to serve on this commission and to organize these events, Councilperson Silvestro believed this Senior Citizens Luncheon should wait until next year when there is someone to organize it. Madelyn Lussier said Ernie Germano organized it last year. Last year $1,500 was spent. Councilperson Gloria VanVliet remembered there were only a limited number of people at the last luncheon. Madelyn Lussier will organize the event. The Town Clerk will advertise and keep a reservation list.

A Motion was made by Supervisor Coutant to hold a Christmas Dinner with the understanding money is available in our budget and this dinner will be advertised for all seniors in Esopus. Councilperson Michael Lange seconded the Motion.

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Councilperson Michael Lange Aye

Councilperson Deborah Silvestro No

Motion Carried.

The Town Board would like to know the number of participants.

Vince Fisher: Concerning the Town Hall funding, I think you should scale down the building and not ask for more funding. When the original budget was passed it was determined you probably would not need this. I would suggest you scale down the current project.

Supervisor Coutant: With all due respect I would like to address this. When the money was borrowed three million, it was clear the funds were adequate. Architect Hurwitz put together the Town Hall project as it is today. Inflation has hit us hard with the oil prices. The building in New Orleans dried up construction material in the northeast. The price of copper has quadrupled. The inflation that hit the construction industry has done a number on us. The architect brought the building in on budget but the problem came in on the site plan. That site plan blew the entire project out of the price range causing us to be $900,000 over budget. A mistake was made when everything was lumped into one contract and not piece by piece with the General Contractor. We have reduced the project by $500,000 at our Workshop Meeting. Architect Hurwitz has been working with the figure of 5.2 million. The fear we have is if it goes out to bid again and another inflation factor hits us we could end up with the same problem. We may borrow an additional one million and if we only need a small percentage of it we will pay back the bond. The soft costs are $7,500 to $8,000. If this is done quickly. The architect will do nothing until he feels comfortable we have adequate funding.

Vince Fisher: Everything you said was what was said when the three million was borrowed. You need to call an end to it and work with the money you have. If you have to scale down the project then that is what I think you should do.

Supervisor Coutant: Looking at the building itself, the architect brought this section in within one and one half of what he said in May of 2005. We did not know that the entire area is a ledge of rock which we did not know until we did test boring. Councilperson Michael Lange... In May of 2005 we were told there was bedrock on the site and this is in the minutes. Councilperson Wayne Freer....: The design of the building was drawn to accommodate that and to accommodate the two levels. Supervisor Coutant said the test boring was done on a different spot. The bedrock starts at five feet under the surface. The problem is the rock that is under the building must be blasted out. That rock has cost the site plan to go up tremendously. How much rock is actually there. Everyone is looking to cover their expenses to take the rock out. You won’t know the cost until you start taking it out. That is another things that has made the site plan higher in cost than was anticipated.

Vince Fisher: Vince Fisher was not interested in the rock and the consequences, he would like to have the project scaled back.

Councilperson Lange: The architect does not want to change the design. As far as the roof is concerned that is what he wants. Councilperson VanVliet said he offered a flat roof and a flat roof is never good on any public building. There are a lot of buildings out there with flat roofs said Councilperson Lange.

Supervisor Coutant: There are two other issues that should make a difference to the general public. One is the geo-thermal issue. When you look at the cost of oil and fossil fuels...they are continually going up. The geo-thermal system would put us in control for a long time to come.

The other issue is the natural lighting which Joe Hurwitz has designed in that building and it will make the situation where you will not need to turn on many flourescent lights. Both of these things are good for the future. He was not in favor of placing oil or gas in the building where future generations will pay outstanding bills.

Vince Fisher: Vince Fisher agreed geo-thermal heat and the sky lights are the answer to saving money. They were part of the project to begin with. To use the same arguments to ask for another five million dollars is inappropriate.

Supervisor Coutant: The problem was in the site plan being over budget. We can’t take it back out of the site plan, we have to deal with the nature of the beast. Now we are pulling the building apart to compensate for it. Had the site plan been what it should have been we would not be pulling the building apart at all. Vince Fisher stated that was not the fault of the citizen of Esopus, should would be spending another five million dollars to remove the rock which should have been anticipated to begin with? There must be other areas of that building which can be scaled back to save money and to stay within the budget. Supervisor Coutant answered yes, you can pull the roof out of it and get rid of the natural lighting and go to a flat roof and you can put conventional heat in the building. That is fine and would put you back on budget without any problem. Sal Silvestro suggested skylights would serve the same purpose. Supervisor Coutant was not in favor he believes they leak and this building will be around for another 75-100 years.

Sal Silvestro: Addressing the Supervisor, Sal Silvestro was of the opinion all the problems are not because of inflation.

Councilperson Freer: Councilperson Wayne Freer would like to go out for more primes in the contract and not leave it up to the general contractor. One of the things that should have been omitted was the site work. It went in as a package deal. The general contractor and those subcontractors all put in their cushion. Also, the building was designed for the two levels due to the rock. Personally, with the $600,000 that we have cut out already and not touching the geo-thermal which has a five to seven year payback, the sky lighting will open it up and make it a more presentable building and provide outside light lessening the cost of energy. Taking the contracts and breaking them up into primes, making them more competitive and losing the extra money each one would make after going back to the general contractor. We will be real close. How close do we want to be? My suggestion is we go out to bid again and find out where we are going to be then borrow the exact amount of money we need. I am skittish of letting everyone know how much money we have. The more you tell everyone how much you have to spend they will not be so competitive. Possibly we can do an anticipation note?

Supervisor Coutant: He could see us coming in closer on the bid, however, he has discussed the borrowing with our finance people and also by the architect to make certain you have it covered. You will not be able to go out to bid a third and fourth time. The longer we wait the inflation factor catches us.

Sal Silvestro: Sal Silvestro realizes this is a hard decision for the Town Board and you must listen to both sides. I am all for it and I think you should spend the million but you must look at all sides.

Councilperson Wayne Freer: One of the things that sways his thinking is there are some projects coming into town and the town is growing rapidly. With this when you take a bond out for "x" number of dollars you will be spreading the cost out over a larger population of people and tax base over thirty years.

Supervisor Coutant: The architect told us also that we could put up a pre-fab building for much less and in twenty-five years you will be looking to replace it. It depends what you really want. The cost per thousand is calculated at five percent and it comes out to be $.13 per thousand of assessed valuation. The borrowing of the additional money would be 4.5 percent. If you are looking to save money.....we have 3 million dollars that we have borrowed that is in our bank account since Oct. 11 and we are paying interest on this. I do not want justify to the taxpayers

that we had the money and did not use it but paid interest on it. You must look at the soft cost for doing this. We have a bill for $12,000 just for the blueprints. Yes, we need to put up a building. Yes, we need to do it as quickly as possible. Yes, we need to get it as close to budget as we can and yes, we have to insure that we are not sitting here discussing this two years from now.

Councilperson Gloria VanVliet: We will not be here two years from now. We won’t have a building.

Supervisor Coutant: We are asking to borrow up to one million dollars and only use whatever portion it is that we need to use. Vince Fisher: That is the same words we heard when you borrowed the three million dollars. Councilperson Michael Lange: Councilman Lange was against borrowing any money because the architect said it would probably cost $500,000 but wanted one million as a guarantee. There is no guarantee.

Anne Gordon: Many of us here are still remembering the jail. In any construction project there will be overruns in every direction. We must take that into consideration. Where will the money come from to fix other infrastructure improvements that have to take place in the town? You can’t keep coming back to the taxpayers over and over again.

Councilperson Wayne Freer: You are correct on all your points and some are well taken. None of us want to see what has happened at a county level. One of the first things we did is to interview clerks of the works. We interviewed local people to oversee the project on a daily basis to prevent anything from going awry that is not within our contract or budget. There are other avenues we are trying to seek regarding monies and we will continue to do that. This is going to be up for many years and we don’t want to sacrifice the heating system which is a big number item. Anne Gordon asked if we could get grants? NYSERTA will give us money back toward a geo-thermal system and we guess it may be between $25,000 and $30,000. These amounts have been reduced over the last several years.

Vince Fisher: Scale the building back. Supervisor Coutant asked if anyone wanted to make a Motion to scale back the project and totally redesign the building? No one answered.

Councilperson Freer said once you scale back you have to redesign the whole plan. This is a tough decision.

Councilperson Deborah Silvestro: In the minutes of 2005, "Senator Larkin and Assemblyman Cahill have both committed member item grants of $50,000 for our Town Hall". Has anyone followed through on this? Councilperson Freer and Councilperson VanVliet said the money had been received and it went toward the soft costs. Another problem was we had to pay more for the property than expected.

Seda Tyler: She was curious about Berg Field and what was really going there? What is the time length of this? Planning Board Chairperson Roxanne Pecora answered thirty single family homes expected to sell in the range of $300,000 ea. There is no time line and the project is not approved as yet. When asked if it would be approved Roxanne Pecora answered they have a good plan.

Supervisor Coutant asked if any of these issues at been addressed to the school board? There is a meeting Dec. 6th. Mary Jane Schwark thought the Town Board should be concerned with the people who live here already.

Councilperson Deborah Silvestro: After emailing Chris Farrell the President of the School Board, Robert Graves School is at capacity. Mary Jane Schwark said that was not true. There are seventy less students there this year said Heidi Allred.

Councilperson Wayne Freer: One of the issues the Planning Board is not capable of addressing is the school issue/people and population. That is why you are being told to go back to the school board because they deal with the population growth in an area.

Roxanne Pecora: The school district under the law is in a react mode. The Planning Board sends the State Environmental Review Act (SEQRA). There were meetings with the developer and the school. The meeting was a complete disaster. The developer withdrew their plans from the school board. They are going to leave the pathway in the plans hoping the school board will come to their senses. There is nothing further we can do and all this is being documented in the SEQRA review.

Councilperson Deborah Silvestro: A suggestion was made to those attending the meeting about the schools. This is not about density or school capacity. This is about something else. The schools are under pressure to get all the grades up in math and English. There are under-privileged children that don’t have the advantage of Robert Graves School where the grade averages are higher. Now what is the best way to bring the grade averages up in a school????? You bring in some smarter kids. This may be what the issue is all about.

Roxanne Pecora: The schools population operates on a bell shaped curve. There is a peak and it goes down another peak and it goes down. Where is your needs assessment? Development in this county has increased and this town has finally been hit with it. What has the school done? Where is there pro-active piece in this? We notify them give them copies of our agendas. We do what we can. There is not a lot more we can do.

Vince Fisher: What is the proposed increase in the budget? The increase is about five percent said the Supervisor.

1. Approval of October Meeting Minutes

A Motion was made by Supervisor John Coutant and seconded by Councilperson Michael Lange to approve the October Minutes. All Town Board Members voted in favor. Motion Carried.

2. Resolution - 2007 Budget Approval

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

Whereas, the Town of Esopus budget has been prepared and reviewed by the Town Board and has been presented to the public in a formal hearing.

Therefore, Be it Resolved, that the Town Board adopts the attached budget 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

Councilperson Michael Lange Aye

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

Supervisor Coutant this budget includes the payback for the Town Hall and a five percent raise for the employees.

3. Town Hall Funding Decision

RESOLUTION TO BORROW ADDITIONAL MONEY FOR THE NEW TOWN HALL

NOVEMBER 16, 2006

Whereas, the Town Board of the town of Esopus is in the process of planning for a new Town Hall on Broadway and Bowne St. in Port Ewen, New York and

Whereas, the amount to be borrowed by Permissive Referendum was approved for three million dollars and

Whereas, New York State purchased our old Town Hall in the amount of 2.7 million dollars and

Whereas, the bids submitted for the construction of said Town Hall came in approximately one million dollars over the amount approved,

Therefore, Be it Resolved, the Town Board of the Town of Esopus authorizes the additional borrowing of up to $500,000 to be used for completion of the Town Hall. After bids are received the necessary amount will be calculated and only the amount necessary will be actually borrowed.

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Gloria VanVliet

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Councilperson Michael Lange No

Councilperson Deborah Silvestro No

Resolution duly adopted.

Supervisor Coutant stated the Town would only borrow the exact amount needed and any money left over would be paid back on the bond.

Councilperson Deborah Silvestro asked what will happen to the Permissive Referendum if a petition is filed? It will go to a vote. It is lengthy and costly process said Councilperson Freer.

Supervisor Coutant asked the Town Board what amount they wanted to borrow in addition to the three million? Councilperson Gloria VanVliet answered she would go for the million but if we don’t have the votes she would go for $500,000. Councilperson Wayne Freer would not like to borrow anything. We are taking out $600,000 and he believed $500,000 was sufficient. Councilperson Michael Lange did not want to put any money in. We picked this apart the other night. He was sure if we had our Clerk of the Works go through the bidding process he could find more that we don’t need.

Councilperson Deborah Silvestro said she was speaking with a town resident the other day who was in charge of a building at Vassar College and this was a sixty million dollar building. When they went out to bid they were ten million over budget. They had no town people to go back to so they everyone concerned was placed in a room where they had to get rid of the ten million dollar overage and they did. The building came in on budget. As Councilperson Lange said there may be more we can take out of the building and still save the geo-thermal system and perhaps save the cupola or at least have a peaked roof with skylights. As Councilperson Silvestro watched the Library Building being built and they were over budget. Our architect is a very fine architect and our Town Hall is a wonderful one, however, if it is beyond our budget it is simply beyond our budget.

It is not about the building. The most important thing about this building, the most valuable thing about our building is our staff and our people who will be in the building working there. We have wonderful employees. Even though Mr. Hurwitz says we need a building with grandeur and that impressiveness to tell people this is our Town Hall is significant. It is our people who are going to be the ones that when someone goes into our Town Hall...that is who they will react to. For that reason I strongly feel we should not go out for any additional money.

Councilperson Michael Lange: There was a question raised about the Esopus Fire House. That is only a small portion of the people who voted. Only the Esopus Fire District voters were involved. Had Councilperson Lange been a voter in Esopus he would have voted no. The whole town did not vote on that.

Councilperson Wayne Freer: We should still continue to cut the costs. We should have another meeting with Joe Hurwitz and see what else we can cut. We will start this process but if we do come up with the cuts we won’t have to go forward and borrow the extra money.

Supervisor Coutant: Even with the $500,000 we will be close but bottom line we must get moving and we cannot go back again.

4. Resolution - Authorizing Somerset Finding Statement

AUTHORIZATION TO PREPARE A DRAFT FINDING

STATEMENT UNDER SEQRA FOR THE SOMERSET

("HUDSON Point")

PLANNED UNIT DEV.

PROJECT IN THE TOWN OF ESOPUS

Whereas, the Town Board of the Town of Esopus adopted a Findings Statement in November, 1993 for a Planned Unit Development (PUD) known as Esopus Lake Housing; and

Whereas, the Town Board of the Town of Esopus is in the process of reviewing a revised plan for the same site which requires an amended Findings Statement,

Now, Therefore, Be it Resolved, that the Town Board of the Town of Esopus authorizes Shuster Associates to proceed with preparation of a revised Draft Findings Statement under SEQRA (State Environmental Review Act) for the Hudson Point PUD.

Resolution is offered by Councilperson Michael Lange

Resolution seconded by Councilperson Deborah Silvestro

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Councilperson Michael Lange Aye

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

The cost of this finding statement will come out of the Somerset Escrow Account.

5. RESOLUTION TO APPROVE WAPPINGERS FALLS, INC. CABLE FRANCHISE

 RESOLUTION TO AUTHORIZE A FRANCHISE AGREEMENT

WITH CABLEVISION, INC.

At a regular meeting of the Town Board held on November 16, 2006, the following resolution was moved by Supervisor Coutant, seconded by Councilperson Wayne Freer and adopted by those Board Members present.

Resolution

Whereas, Cablevision of Wappingers Falls, Inc. submitted a proposed non-exclusive agreement to construct, own and operate a cable television system within a specific territorial limit within the Town of Esopus and

Whereas, the specific territorial limit, which includes portions of Swartekill Road and Loughran Lane, is currently not serviced by any cable television provider and

Whereas, a Public Hearing was held before the Esopus Town Board on November 16, 2006,

Now, Therefore, Be it Resolved, by the Town Board of the Town of Esopus that the Board does hereby award the franchise to construct, own and operate a cable television system within the Town of Esopus to Cablevision of Wappingers Falls, Inc. for a fifteen year period,

Be it Further Resolved, that the Supervisor be hereby authorized to execute a franchise renewal agreement with Cablevision of Wappingers Falls, Inc.

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Councilperson Michael Lange Aye

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

 Wappingers Falls Franchise Agreement

WHEREAS, The Town of Esopus, New York (the "Town") wishes to grant a cable franchise to Cablevision of Wappingers Falls, Inc. ("Cablevision") (each a "Party" and collectively, the "Parties") so that approximately 31 households on Swartekill Road in the Town who currently do not receive service from the franchised cable operator, may receive cable service; and

WHEREAS, the Town wishes to permit Cablevision to begin construction as soon as possible so that Cablevision may provide service upon approval from the New York State Public Service Commission ("NYSPSC") of a mutually acceptable non-exclusive cable franchise agreement between the Parties;

NOW, THEREBY, the Parties hereby agree as follows:

1. Term and Termination

a. The term of this agreement commences on the date written below (the "commencement date") and ends the later of the effective date of a cable franchise agreement between the Parties as such effective date is determined by order of NYSPSC, unless extended by the Parties in writing.

b. Cablevision may terminate this agreement upon 30 days notice to the Town in the event that it determines that it may not economically provide service to residents of the Town. In event of termination, Cablevision, as its sole cost and expense and upon direction of the Town, shall remove the cables and appurtenant devices constructed or maintained in the public right of way.

c. The Town may terminate this agreement for a material breach of this Agreement, after providing Cablevision with 30 days notice and an opportunity to cure, or, if cure cannot
reasonably be completed within 30 days, good faith commencement of cure.

2. Construction

a. Cablevision is hereby granted, subject to the terms and conditions of this Agreement, the right, privilege, and authority to construction a communications system (the "System") within the streets, alleys and public ways of the Town identified in Exhibit A hereto. Cablevision may erect, install, extend, repair, replace, and retain in, on, over, under or upon, across and along the public streets, alleys, and ways, such wires, cables, conductors, ducts, conduits, vaults, manholes amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of the system in conformance with the Town’s general applicable local laws, ordinances, rules and regulations.

b. Nothing in this Agreement shall be deemed to waive the requirements of the various generally applicable codes, and ordinances of the Town regarding permits, fees to be paid to the town for permits or construction, or the manner of construction.

3. Agreement Subject to Law and Regulation

a. All terms and conditions of this Agreement are subject to Federal and State law and to the rules and regulations of the Federal Communications Commission and the NYSPSC.

b. All rights and privileges granted hereby are subject to the police power of the Town to adopt and enforce laws, rules and regulations necessary for the health, safety and general welfare of the public.

c. The Town shall, within 30 days of the Commencement Date, seek waiver from the NYSPSC of Part 594.4 of the Commission’s Rules by letter (requiring the establishment of a cable television advisory committee and the preparation and publication of a request for proposals) in substantially the form attached as Exhibit B hereto.

4. Conditions on Use of Street and Public Grounds

a. Any work that requires the disturbance of any street or that will interfere with traffic shall be undertaken in accordance with the generally applicable ordinances, local laws and regulations of the Town.

b. No poles, underground conduits or other wire-holding structures shall be erected by Cablevision without the approval of the appropriate municipal official through established permits procedures to the extent that same now or hereafter may exist, with regard to the location, height, type and any other pertinent aspect of such wire-hold facilities; provided, however, such approval may not be unreasonably withheld or delayed.

c. All structures, lines and equipment erected by Cablevision within the Town shall be so located as to cause minimum interference with rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. Existing poles, posts and other structures of the electric power company or any telephone company or any other public utility that may be available to Cablevision shall be used to the extend practicable in order to minimize underground, Cablevision’s cable also shall be placed underground.

d. Cablevision shall have the right and authority to remove, trim, cut and keep clear trees and bushes upon and overhanging all streets, alleys, easements, sidewalks, and public places in the Town to the minimum extend necessary to keep same clear of poles, wires, cable, conduits and fixtures.

e. In the case of any disturbance of pavement, sidewalk, driveway or other surfacing, Cablevision shall, at its own cost and expense in accordance with the generally applicable local laws and ordinances, rules and regulations, and within thirty (30) days, replace and restore such payment, sidewalk, driveway or surfacing so disturbed to as good a condition as existed before said work was commenced. In the event that any municipal property is damaged or destroyed by Cablevision, such property shall be repaired or replaced by Cablevision within thirty (30) days and restored to as good a condition as existed before said work was commenced.

f. All structures and all liens, equipment and connections, in, over, under and upon streets, sidewalks, alley and public ways and places of the town, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, and substantial condition, and in good order and repair.

g. In exercising rights pursuant hereto, Cablevision shall not endanger or interfere with the lives of persons, nor interfere with any installations of the Town, any public utility serving the Town or any other person permitted to use the streets and public grounds, nor unnecessarily hinder or obstruct the free use of the streets and public grounds. This Agreement does not establish priority for use over the present or future permit holders or the Town’s own use of the streets and public grounds. The Town shall at all times control the distribution of space, in, over, under or across all streets and public grounds that are occupied by the System. All rights granted for the construction of the system shall be subject to the continuing right of the Town to require such reconstruction, relocation, or change of the facilities and equipment used by Cablevision in the streets, alleys, avenues, and highways of the Town, as shall be reasonable under the circumstances and necessary in the public interest.

h. Nothing in this Agreement shall hinder the right of the Town or any governmental authority to perform or carry on, directly, or indirectly, any public works or public improvements of any description. Should the system in any way interfere with the construction, maintenance, or repair of such public works or public improvements, Cablevision shall, at its own cost and expense, protect or relocate its System, or part thereof, as reasonably directed by the town.

5. Indemnification

a. Cablevision shall indemnity and hold harmless the Town, its officers, employees, and agents from and against all losses and claims, demands, payments, suits, actions, recoveries and judgments of every nature and description, resulting from bodily injury, property damage or personal injury, brought or recovered, by any act or omission of Cablevision, its agents, employees, contractors and subcontractors in the construction, maintenance, service or repair of the communications system or any portion thereof, or of any failure to comply with any law, ordinance, or regulations, or by reason of any suit claim for royalties, license fees, or infringement of patent rights arising from Cablevision’s performance under this Agreement. Notwithstanding any provision contained herein and to the contrary. Cablevision shall have no obligation to indemnity or defend the Town from the Town’s negligence.

6. Miscellaneous

a. Should any provision of this Agreement be held invalid by a court of competent jurisdiction or rendered a nullity by Federal or State legislative or regulatory action, the remaining provisions of this Agreement shall remain in full force and effect.

b. This Agreement may be executed in counterparts.

In Witness Whereof,

CABLEVISION OF WAPPINGERS FALLS, INC.

By:
___________________________________

Timothy Rooney

Area Vice President

Date:_______________________________

Town of Esopus, New York

By:
_________________________________

John K. Coutant

Supervisor

Date:_______________________________

14

6. Resolution - $38,000 Transfer for Highway Dept.

Whereas, our Highway Superintendent Al Larkin has advised us that the sum of $38,000 was approved to be spent on certain equipment in 2005,

Whereas, this equipment was not able to be secured until the current year 2006.

Therefore, Be it Resolved, that the amount of $38,000 be transferred from the Highway Dept. fund balance allowing him to secure the equipment, a roller and VacAll.

This resolution is offered by Councilperson Michael Lange and seconded by Councilperson Deborah Silvestro.

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Councilperson Michael Lange Aye

Councilperson Deborah Silvestro Aye

Resolution adopted.

7. Resolution - Water Rate Increase

Whereas, the law requires the cost of the operation and maintenance of the Port Ewen Water District to be paid by revenue derived from the sale of the service,

Whereas, this Town Board has adopted a Water District budget based on a rate of a minimym charge of $15.40 for the first 0 to 4,000 gallons and a rate of $3.85 per 1,000 gallons thereafter, based on the water meter.

Therefore, Be it Resolved, that the Town Board increase the rate charged for water service from a minimum of $14.00 for the first 0 to 4,000 gallons and $3.50 per 1,000 gallons thereafter, based on the water meter, to a minimum of $15.40 for the first 0 to 4,000 gallons and the rate of $3.85 per 1,000 gallons thereafter, based on the water meter, with the new rate to be effective upon adoption of this resolution. These rates will take effect January 1, 2007.

Resolution offered for adoption by Councilperson Wayne Freer and seconded by Councilperson Deborah Silvestro.

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Councilperson Michael Lange Aye

Councilperson Deborah Silvestro Aye

8. Resolution - Sewer Rate Increase

Whereas, the law requires the cost of the operation and maintenance of the Port Ewen Sewer District to be paid by revenue derived from the sale of the service,

Whereas, this Town Board has adopted a Sewer District budget based on a rate of a minimum charge of $12.40 for the first 0 to 4,000 gallons and a rate of $3.10 per 1,000 gallons thereafter, based on the water meter.

Therefore, Be it Resolved, that the Town Board increase the rate charged for sewer service from a minimum of $12.00 for the first 0 to 4,000 gallons and $3.00 per 1,000 gallons thereafter, based on the water meter, to a minimum of $12.40 for the first 0 to 4,000 gallons and the rate of $3.10 per 1,000 gallons thereafter, based on the water meter with the new rate to be effective upon adoption of this resolution. These rates will take effect January 1, 2007.

Resolution offered for adoption by Councilperson Gloria VanVliet and seconded by Councilperson Wayne Freer.

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Councilperson Michael Lange No

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

The new rates will be advertised.

9. & 10. Payment of Vouchers and Budget Adjustments

Resolution Authorizing the Payment of Bills Received Since October 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 # 061646-061695 $ 17,493.97

Highway Fund # 062327-062353 $ 65,333.86

Capital Fund #065036-065040 $ 85,174.56

Street Lighting # 066011 $ 4,310.23

Port Ewen Sewer # 063133-063143 $ 3,227.32

Port Ewen Water #064263-064286 $ 16,903.79

Total..............................................................................................$192,443.73

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Wayne Freer

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilman Wayne Freer Aye

Councilman Michael Lange Aye

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

Resolution Authorizing the Payment of Bills Received Since November 2006

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Wayne Freer

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilman Wayne Freer Aye

Councilman Michael Lange Aye

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

Resolution to Authorize Adjustments to the 2006 Budget

Nov. 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.599 $57,631.96 A.3620.4 $ 794.31

A.8020.4 $ 1,597.40

A.8162.4 $ 240.25

A.9710.6 $55,000.00

DA 599 DA5130.2 $35,887.30

DA 599 DA5111.4 $ 314.08

SW 599 SW9730.7 $ 25.00

Resolution offered by Supervisor John Coutant

Resolution seconded by Councilperson Deborah Silvestro

Supervisor John Coutant Aye

Councilperson Gloria VanVliet Aye

Councilperson Wayne Freer Aye

Councilperson Michael Lange Aye

Councilperson Deborah Silvestro Aye

Resolution duly adopted.

11. Monthly Reports and Correspondence

Monthly correspondence and monthly reports are available in the Town Clerks’ Office. The following reports were received:

Town Clerk’s Report for October 2006

Highway Supt. for October 2006

Planning Board Minutes for October

Waterfront Advisory Board Minutes for October

Port Ewen Water and Sewer Board Minutes October 2006

Councilperson Wayne Freer reminded the audience that there are several openings on our Boards and anyone interested should contact us.

12. Public Comment

Mary Jane Schwark: Who is responsible for maintaining Minturn St. overlooking the George Freer Park? Dan Vedder has been trying to fill in the bank so that it could be mowed, however DEC approval is necessary.

Roxanne Pecora asked how much money was outstanding for water and sewer accounts?

$70,000 is outstanding. The Supervisor is checking with our attorney to see if we can collect these bills by turning off the water. Councilperson Freer was in agreement another way to collect this money is needed.

Supervisor thought costs for Port Ewen Sewer could be reduced by correcting the infiltration problem we are now experiencing. The superintendent agrees that infiltration is a problem, however, he attributes it to sump pumps. The Supervisor disagrees. There was an infiltration problem in 1991 and a grant was given to televise the lines from Ireco to the Plantasiekill Intercept. The swamp is coming into our system and we should not be paying to pump swamp water to Kingston. The Supervisor is looking into this and making a plan of action to resolve this.

The developments coming into the town can contribute to fixing this problem and Somerset will contribute and they will give $115,000 a year to the Port Ewen Water and Sewer District even though it will take ten years to build out. The Supervisor will meet with Ralph Zucker and ask if we could have more capital up front.

A Motion to Adjourn was made at 9:20 PM by Councilperson Deborah Silvestro and seconded by Councilperson Wayne Freer. All Town Board Members voted in favor. Motion Carried.

Respectfully submitted,

Diane L. McCord

Town Clerk, CMC, RMC

Dis. 2, Dir. NYSTCA