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 |
