The Town Board of the Town of Philipstown held their Monthly Town Board Meeting on January 6, 2005 at 8:00 p.m. at the Town Hall, 238 Main Street, Cold Spring.

PRESENT: William Mazzuca Supervisor Richard Shea Councilman Betty Budney Councilwoman Al Hosmer Councilman David Brower Councilman Edward W. Doyle Town Attorney

Supervisor Mazzuca opened the meeting with a salute to the Flag.

REVIEW OF THE MINUTES:

The Minutes of the Weekly Town Board Meeting of November 17, 2005 were reviewed.

Councilwoman Budney made a motion, seconded by Councilman Brower and unanimously carried that the Minutes are hereby approved as presented.

The Minutes of the Bid Opening of November 23, 2004 - For the drilling Testing of Two (2) Rock Wells for the Garrison Landing Water District were reviewed.

Councilman Shea made a motion, seconded by Councilman Hosmer and unanimously carried that the Minutes are hereby approved as presented.

The Minutes of the Monthly Town Board Meeting of December 2, 2005 were reviewed.

Councilwoman Budney made a motion, seconded by Councilman Shea and unanimously carried that the Minutes are hereby approved as presented.

The Minutes of the Bid Opening of December 3, 2004 for the sale of Highway Vehicles were reviewed.

Councilman Hosmer made a motion, seconded by Councilman Brower and unanimously carried that the Minutes are hereby approved as presented.

The Minutes of the Weekly Town Board Meeting of December 8, 2004 were reviewed.

Councilman Shea made a motion, seconded by Councilwoman Budney and unanimously carried that the Minutes are hereby approved as presented.

The Minutes of the Weekly Town Board Meeting of December 8, 2004 were reviewed.

Councilman Shea made a motion, seconded by Councilwoman Budney and unanimously carried that the Minutes are hereby approved as presented.

The Minutes of the Special Town Board Meeting of December 16, 2004 were reviewed.

Councilman Hosmer made a motion, seconded by Councilwoman Budney and unanimously carried that the Minutes are hereby approved as presented.

The Minutes of the Bid Opening of December 22, 2004 for the Proposed Salt Shed Facility were reviewed.

Councilwoman Budney made a motion, seconded by Councilman Hosmer and unanimously carried that the Minutes be approved as presented.

COMMITTEE REPORTS

PLANNING BOARD - Councilman Brower reported that there was no meeting in December. The scheduled meeting for tonight has been changed to January 20, 2005.

ZONING BOARD - Councilman Brower reported on the items addressed at the January 3rd Meeting.

HIGHWAY - Councilman Hosmer reported that the Highway is currently conducting routine maintenance, snow removal, etc.

RECREATION - Councilwoman Budney review the upcoming winter events offered through the Recreation Department.

RECYCLING - No report.

LAND & BUILDING ACQUISITION - No report.

GENERAL & PART-TOWN FUNDS

Town Clerk Fees 12/04  655.20

Building Fees 12/04 14,178.00

NYS Check PILOTS     40,877.00

Putnam County VFW Rental    50.00

Verizon Credit    42.17

Recreation Fees 12/04    17,716.34

NYS Ch SS from Ret.    227.86

Anderson Well Drilling    1,053.12

NYS Grant    2,000.00

Bank Interest    493.72

HIGHWAY FUND

NYS Chips Program    63,572.07

AW Scrap Metal    696.00

General Fund Check - Gas     146.23

Bank Interest    499.33

CONTINTENTAL VILLAGE WATER DISTRICT

Bank Interest    32.34

CONTINENTAL VILLAGE PARK DISTRICT

Clubhouse Fees    300.00

Bank Interest    471.93

AGENDA

1. Resolution accepting the resignation of George Dahl from the Continental Village Water District Advisory Board.

RESOLUTION #7-05 The following Resolution was presented by Councilwoman Budney, seconded by Councilman Hosmer and unanimously carried;

RESOLVED, that the Town Board hereby accepts the resignation of George Dahl from the Continental Village Water District Advisory; and

BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to send a letter of appreciation to George Dahl for his service to the Town since 1987.

2. Putnam County Humane Society's Monthly Report.

Town Clerk Merando read the Putnam County Humane Society's Monthly Report.

3. Code Enforcement Annual Report.

Town Clerk Merando read the Code Enforcement Annual Report.

4. Resolution needed to authorize Richard Goldsand to represent the Town of Philipstown in an Article 78 Proceeding at the rate of $125.00 per hour, plus out of pocket expenses.

Town Attorney Doyle explained that the Town has received a summons and complaint in the matter of Edward and Leona Cooper against the Zoning Board and the Town of Philipstown. It involves the denial of a variance on the Cooper property. Mr. Goldsand has handled previous litigation on this property; therefore, Town Attorney Doyle recommends that the Town Board retain Mr. Goldsand to represent the Town.

RESOLUTION #8-05 The following Resolution was presented by Councilwoman Budney, seconded by Councilman Hosmer and unanimously carried;

RESOLVED, that the Town Board hereby authorizes Richard Goldsand to represent the Town in an Article 78 Proceeding at the hourly rate of $125.00, plus out of pocket expenses.

5. The following Resolutions are needed in the matter of the Garrison Landing Water District increase and improvement of facilities:

a) Review of EAF - Negative Declaration

b) Public Interest Order

c) Bond Resolution

Supervisor Mazzuca reported that the Town Board conducted a Public Hearing prior to the Regular Meeting this evening on this matter.

a) Review of EAF - Negative Declaration

RESOLUTION #9-05 The following Resolution was presented by Councilman Shea, seconded by Councilman Brower and unanimously carried;

A RESOLUTION OF THE TOWN OF PHILIPSTOWN, PUTNAM COUNTY, NEW YORK AS TO SEQRA DETERMINATION:

BE IT RESOLVED, by the Town Board of the Town of Philipstown, Putnam County, as follows:

Section 1. It is hereby determined that the Board adopting this resolution declares itself to be the Lead Agency under the State Environmental Quality Review Act and the regulations promulgated thereunder for purposes of determining the environmental impact of the project described in Section 3 hereof.

Section 2. Based upon the Short Environmental Assessment Form attached hereto and made a part hereof, it is hereby determined that the project described in Section 3 hereof is an Unlisted Action which will not have a significant impact upon the environment.

Section 3. The project which is the subject of this resolution is described as follows:

Increase and improvement of the facilities of Garrison Landing Water District, consisting of the drilling and testing of two rock wells.

BE IT FURTHER RESOLVED, that the Town Board hereby authorized Supervisor Mazzuca to sign the Short Environmental Assessment Form.

The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows:

The order was thereupon duly adopted.

Section 4. This resolution shall take effect immediately.

b) Public Interest Order

RESOLUTION #10-05 The following Resolution was presented by Councilman Hosmer, seconded by Councilwoman Budney;

WHEREAS, the Town Board of the Town of Philipstown, Putnam County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 200-b of the Town Law, relating to the proposed increase and improvement of the facilities of Garrison Landing Water District, in the Town of Philipstown, Putnam County, New York, consisting of the drilling and testing of two rock wells for said Water District, as well as original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimate cost of $75,000; and

WHEREAS, at a meeting of said Town Board duly called and held on December 22, 2004, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of Garrison Landing Water District in said Town at a maximum estimated cost of $75,000, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Cold Spring, New York, in said Town, on January 6, 2005, at 7:15 o'clock P.M., Prevailing Time; and

WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and

WHEREAS, a Public Hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard;

NOW, THEREFORE, BET IT ORDERED, by the Town Board of the Town of Philipstown, Putnam County, New York, as follows:

Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of Garrison Landing Water District, in the Town of Philipstown, Putnam County, New York, consisting of the drilling and testing of two rock wells for said Water District, as well as original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $75,000.

Section 2. This Order shall take effect immediately.

The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows:

The order was thereupon duly adopted.

c) Bond Resolution

RESOLUTION #11-05 The following Resolution was presented by Councilman Brower, seconded by Councilman Shea;

A RESOLUTION AUTHORIZING THE ISSUANCE OF $75,000 SERIAL BONDS OF THE TOWN OF PHILIPSTOWN, PUTNAM COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE GARRISON LANDING WATER DISTRICT, IN THE TOWN OF PHILIPSTOWN, PUTNAM COUNTY, NEW YORK.

WHEREAS, said capital project has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects and for which an Environmental Assessment Form is on file in the office of the Town Clerk where it may be inspected during normal business hours; and

WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, a more particularly an Order dated January 6, 2005, said Town Board has determined it to be in the Public Interest to improve the facilities of Garrison Landing Water District, in the Town of Philipstown, Putnam County, New York, at a maximum estimated cost of $75,000;

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Philipstown, Putnam County, New York, as follows:

Section 1. For the specific object of purpose of paying the cost of the increase and improvement of Garrison Landing Water District, in the Town of Philipstown, Putnam County, New York, consisting of the drilling and testing of two rock wells for said Water District, as well as original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $75,000, there are hereby authorized to be issued $75,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law.

Section 2. It is hereby determined that the plan for the financing of such specific object or purpose is by the issuance of $75,000 serial bonds authorized to be issued therefore pursuant to this bond resolution.

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of the first bond anticipation note issued therefore. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years.

Section 4. The faith and credit of said Town of Philipstown, Putnam County, New York, are hereby irrevocable pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from assessments on property within said Garrison Landing Water District in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.

Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interest of said Town, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obligated to see to the application of the purchase money.

Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law.

Section 8. The Supervisor is hereby further authorized, at his sole discretion, to execute a project finance and loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation.

Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law.

Section 10. The validity of such bonds and bond anticipation notes may be contested only if:

1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced with twenty days after the date of such publication, or

3) Such obligations are authorized in violation of the provisions of the Constitution.

Section 11. This resolution shall constitute a statement of official intent for purposed of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section 12. This resolution, which takes effect immediately, shall be published in full or summary form in the Putnam County News & Recorder, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

The resolution was thereupon declared duly adopted.

6. Any other business that may come before the Town Board.

Supervisor Mazzuca announced that on March 7, 2005, there would be a Public Hearing on the Garrison Golf Planned Development District at 7:30 p.m. at the Town Hall. The Town Board has decided to change the location of the meeting to the Recreation Community Center.

RESOLUTION #12-05 The following Resolution was presented by Councilman Shea, seconded by Councilwoman Budney and unanimously carried;

RESOLVED, that the Town Board hereby changes the location of the Public Hearing in the matter of the Garrison Golf Club Planned Development District that will be held on March 7, 2005 at 7:30 p.m. from the Town Hall to 107 Glenyclffe, Garrison, New York.

Supervisor Mazzuca reminded residents of the following meetings:

January 13, 2005 7:30 p.m.

Public Hearing on the Proposed Comprehensive Plan VFW Building, Kemble Avenue, Cold Spring.

January 19, 2005 7:30 p.m.

Town Board Workshop with CAC and Wetlands Committee Town Hall, 238 Main Street, Cold Spring

January 26, 2005 7:30 p.m. Public Hearing - Quarry Pond Planned Development District Town Hall, 238 Main Street, Cold Spring

AUDIENCE

Andy Chmar asked the Town Board to explain the upcoming PDD's.

Supervisor Mazzuca stated that the Town Board would take public comments with regard to the subject matter. All to often, the Town Board gets into a give and take discussion. He stressed that this is not the purpose, to decide whether the project is good or not at that time. He feels that the public doesn't get enough time to comment as it drags on when a discussion occurs. The Town Board will take the comments from the public and then consider them.

William Flaherty pointed out to the Town Board that the Town of Philipstown doesn't have attractive signage upon entering the township as some of our neighbors do. He asked if the Town Board would consider such signage at Philipstown's entrances.

Supervisor Mazzuca responded saying that the Town Board had previously discussed signage at the six entrances to Philipstown, involving the schools, organizations, etc. to help design the signs.

Mr. Flaherty also suggested that the Town Board might want to consider changing the Highway Superintendent position from an elected position to an appointed one. He praised the work that Roger Chirico has done for Philipstown, and feels that anyone with no knowledge of road maintenance could run for the office and win on popularity; this would be unjust to all the residents in Philipstown.

Supervisor Mazzuca stated that the Town Board really hasn't discussed this, however, they would look into this matter. Town Attorney Doyle stated that there would be a need for a Local Law amending State Town Law.

Sylvia Wallin asked the status of the old junkyard (Expressway Auto); she stated that there are some trucks and equipment at the site; is there anything before the Planning Board. She also asked if the Town knew that results of the DEC and DEP soil sampling were. Mr. Monroe told Ms Wallin that the results don't come to the Town.

Councilman Shea responded saying that he will be writing to the new owner; to invite him to an informal meeting with the Town Board, prior to making any improvements.

Supervisor Mazzuca interjected that he had spoken with Mark Moran of the DEC regarding the soil sampling. Mr. Moran relayed to Supervisor Mazzuca that the work that is being done on the site was in agreement with a consent order that Sheldon Mankes had signed and the DEC is aware of all the work.

Councilman Hosmer reported that he had stopped at the site and was told that they are cleaning the site. He also noted that the Code Enforcement Officer indicated to him that the owner would have to go before the Planning Board prior to changing the use.

Councilman Shea stated that he would request the results of the soil sampling from the DEC.

Supervisor Mazzuca added that when speaking with Mark Moran he indicated that the soil contamination was not as bad as they had expected.

VACANCIES None

APPROVAL OF VOUCHERS

Councilman Shea made a motion, seconded by Councilwoman Budney and unanimously carried that the General Vouchers in the amount of $188,507.72 are hereby approved as set forth in Abstract 1 and 1A.

Councilman Hosmer made a motion, seconded by Councilwoman Budney and unanimously carried that the Highway Vouchers in the amount of $174,016.10 are hereby approved as set forth in Abstract 1.

Councilman Shea made a motion, seconded by Councilman Brower and unanimously carried that the CV Park District Vouchers in the amount of 10,795.59 are hereby approved as set forth in Abstract 1.

Councilwoman Budney make a motion, seconded by Councilman Hosmer and unanimously carried that the CV Water District Vouchers in the amount of 9,127.74 are hereby approved as presented in Abstract 1.

There being no further business to discuss, Councilwoman Budney made a motion, seconded by Councilman Hosmer to close the Town Board Monthly Meeting at 8:30 p.m.

Respectfully submitted by,

Tina M. Merando Town Clerk