September 8, 2005
The Philipstown Town Board held their Monthly Town Board Meeting on the above date, at the Town Hall, 238 Main Street, Cold Spring, New York, at 8:00 p.m.
PRESENT: William Mazzuca Supervisor
Al Hosmer Councilman
Richard Shea Councilman
Betty Budney Councilwoman
David Brower Councilman
Edward W. Doyle Town Attorney
Supervisor Mazzuca opened the meeting with the salute to the flag.
The Minutes of the Monthly Town Board Meeting of August 4, 2005, were reviewed.
Councilman Shea made a motion, seconded by Councilwoman Budney and unanimously carried that the Monthly Town Board Minutes of August 4, 2005, are hereby approved as presented.
The Minutes of the Public Hearing – Mountain Drive Road Improvement Assessment Roll of August 24, 2005, were reviewed.
Councilman Hosmer made a motion, seconded by Councilman Brower and unanimously carried that the Public Hearing Minutes of August 24, 2005, are hereby approved as presented.
The Minutes of the Public Hearing Knox Lane/Brant Terrace Road Improvement Assessment Roll of August 24, 2005, were reviewed.
Councilwoman Budney made a motion, seconded by Councilman Shea and unanimously carried that the Public Hearing Minutes of August 24, 2005, are hereby approved as presented.
The Minutes of the Public Hearing – Valley Lane/Portion of Brookside Road Improvement Assessment Roll of August 24, 2005, were reviewed.
Councilman Brower made a motion, seconded by Councilwoman Budney and unanimously carried that the Public Hearing Minutes of August 24, 2005, are hereby approved as presented.
The Minutes of the Weekly Town Board Meeting of August 24, 2005, were reviewed.
Councilwoman Budney made a motion, seconded by Councilman Hosmer and unanimously carried that the Weekly Town Board Minutes of August 24, 2005, are hereby approved as presented.
The Minutes of August 31, 2005, Bid Opening, were reviewed.
Councilman Shea made a motion, seconded by Councilman Brower and unanimously carried that the minutes of the Bid Opening of August 31,2005, are hereby approved as presented.
HIGHWAY – Councilman Hosmer reported that the Highway Department is currently working on regular maintenance. Also, the paper-recycling problem at the Philipstown Facilities, with the help of Highway Superintendent Chirico, has been resolved.
PLANNING – Councilman Brower reviewed the items addressed at the Planning Board Meeting of August 11, 2005.
RECREATION – Councilwoman Budney reviewed the events offered through the Recreation Department.
ZONING – No Report.
RECYCLING – Councilwoman Budney reported that the Fall Town Wide Clean-up has been scheduled for October 1, 2005, and reviewed rules and regulations.
BUILDING AND LAND ACQUISITION – No report.
MONIES
RECEIVED AS OF September 8, 2005
T. C. Fees 8/05 $ 711.46
Bldg. Fees 8/05 10,860.00
C.T.V. Fees 11,156.00
Putnam County VFW Rental 25.00
C.T.V. Fees 7,191.00
N.Y.S. Justice Fees 13,027.00
P.C. Sheriff’s Gas 6,983.44
Perm Ck 219.68
Bank Interest $ 913.87
Bank Interest $ 41.04
Clubhouse Fees $ 700.00
Bank Interest 408.04
Supervisor Mazzuca will present Michael DiMeo with an Honorary Resolution on September 18, 2005 at the Taconic Outdoor Education Center, in Cold Spring.
The following Resolution was presented by Councilwoman Budney, seconded by Councilman Brower and unanimously carried.
WHEREAS, Michael DiMeo, resident of the Town of Philipstown, has achieved the rank of Eagle Scout, and so having attained the highest rank in scouting, is deserving of recognition by his fellow residents of the Town of Philipstown; and
WHEREAS, Michael DiMeo’s accomplishments have always demonstrated a willingness to help others and to serve his community; and
WHEREAS, Michael DiMeo’s completion of his scout project to renovate the community’s Little League fields, reflect his leadership and dedication to the community; and
WHEREAS, it is the intent of the Philipstown Town Board to fully recognize Michael DiMeo for his achievement;
NOW, THEREFORE, BE IT RESOLVED, that we, the undersigned members of the Town Board and Town Officers of the Town of Philipstown do hereby inscribe upon the minutes of the Town Records our sincere congratulations to Michael upon his achieving the rank of Eagle Scout.
Supervisor Mazzuca will present John Durney with an Honorary Resolution on September 18, 2005 at the Taconic Outdoor Education Center, in Cold Spring.
The following Resolution was presented by Councilwoman Budney, seconded by Councilman Brower and unanimously carried.
WHEREAS, John Durney, resident of the Town of Philipstown, has achieved the rank of Eagle Scout, and so having attained the highest rank in scouting, is deserving of recognition by his fellow residents of the Town of Philipstown; and
WHEREAS, John Durney’s accomplishments have always demonstrated a willingness to help others and to serve his community; and
WHEREAS, John Durney’s completion of his scout project to improve the Nelsonville hiking trails reflect his leadership and dedication to the community; and
WHEREAS, it is the intent of the Philipstown Town Board to fully recognize John Durney for his achievement;
NOW, THEREFORE, BE IT RESOLVED, that we, the undersigned members of the Town Board and Town Officers of the Town of Philipstown do hereby inscribe upon the minutes of the Town Records our sincere congratulations to John upon his achieving the rank of Eagle Scout.
2.a. Resolution needed by Suzanne Timmer, Director of Recreation & Parks - AEP for Recreation Facilities & Parks
Ms. Timmer addressed the Town Board
and explained the process that brought them to this point. The AEP will take
into account all facilities and park areas currently managed by the Recreation
Department. Mitchell Kurtz, Architect PC and his team of consultants, were
selected and will complete the AEP in six definable tasks as follows:
1. Evaluate current and future Recreation programming
needs.
2. Inventory and Evaluation of Existing Facilities.
3. Regulatory code analysis.
4. Master Plan; schematic design.
5. Cost Estimating.
6. Final Report.
The cost of the AEP is projected to
be $110,455 plus approximately 10% for
out-of-pocket expenses, although
the actual amount may be less. It will
take approximately five and one-half months.
Ms. Timmer noted that Open Space
will give a conservation easement, but no changes will be allowed in the
future.
Ms. Timmer stated she has written a
proposal for a strategic planning grant to the Office for Small Cities. Proposal looks very strong. This grant would
defray some of the cost.
Supervisor Mazzuca congratulated
Ms. Timmer and her staff for a job well done.
The following Resolution was presented by Councilwoman Budney, seconded by Councilman Brower and unanimously carried.
RESOLVED, that the Town Board of the Town of Philipstown hereby approves Mitchell Kurty, Architect PC, to complete the Architectural & Engineering Plan for Recreation Facilities & Parks, for an estimated cost of $110,455, plus out-of-pocket expenses.
3. Resolution needed to approve the application for a parade permit for PARC and waive the fee associated with application.
Resolution #226-05
The following Resolution was
presented by Councilman Hosmer, seconded by Councilwoman Budney and unanimously
carried.
RESOLVED, that the Town Board authorizes the issuance of a Parade Permit to PARC for an event to be held on October 2, 2005, which will raise funds to maintain programs and services.
BE IT FURTHER RESOLVED, that the Town Board waives the fee associated with the parade permit.
Town Clerk Merando read the letter from Brian Kenny, Board of Assessors, requesting to contract for a market value appraisal on C F Diversified, 2700 Route 9, Cold Spring, due to a pending court case. The Assessors recommend Beckmann Appraisals, Inc.
Supervisor Mazzuca read portions of the letter from Beckmann Appraisals, Inc. reporting costs of appraisal.
The following was presented by Councilman Brower, seconded by Councilman Shea and unanimously carried;
RESOLVED, that the Town Board of the Town of Philipstown hereby approves the contract between Beckmann Appraisals, Inc., and the Town of Philipstown for the purpose of appraising C F Diversified, 2700 Route 9, Cold Spring for tax centiorari purposes.
Town Attorney Doyle asked that the Town Clerk notify and inform the assessor’s office that the Town Board passed a resolution and a copy should be forwarded to Richard Goldsand so they can proceed.
Town Clerk Merando presented the letter of resignation
from Suzie Gilbert from the Conservation
Advisory Committee.
Supervisor Mazzuca regretfully accepted the resignation of Suzie Gilbert. He stated that he appreciated her efforts over the years.
The following was presented by Councilwoman Budney, seconded by Councilman Shea and unanimously carried;
RESOLVED, that the Town Board regretfully accepts the resignation of Suzie from the Conservation Advisory Committee; and
BE IT FURTHER RESOLVED, that the Town Board hereby requests that Town Clerk Merando forward a letter of appreciation to Suzie Gilbert for all the years of service she has provided the Town of Philipstown.
6. Town Board to consider accepting the Final GEIS in connection with Quarry Pond Planned Development District.
Town Attorney Doyle spoke with Tim Miller. Tim Miller’s recommendation is to accept the Final GEIS in connection with Quarry Pond Planned Development District. A 15-day comment period will begin on Monday, the12th of September.
After the15-day comment period, the
Town Board would be free to move forward and adopt the findings and local law.
The following was presented by Councilman Brower, seconded by Councilman Hosmer and unanimously carried;
RESOLUTION APOPTING THE FINAL GEIS AND COMMENCING THE
15-DAY COMMENT PERIOD BEGINNING MONDAY, THE 12TH OF SEPTEMBER, 2005.
(Exhibit A)
The votes were as follows:
Councilwoman Betty Budney AYE
Councilman Al Hosmer AYE
Councilman David Brower AYE
Councilman Richard Shea AYE
Supervisor William Mazzuca AYE
Whereupon, the resolution was declared adopted by the Town Board of the Town of Philipstown.
7. Resolution authorizing the release of an Erosion Control bond posted by
Cold Spring Investments.
Town Clerk Merando presented a
letter, dated August 15, 2005, from Town Attorney Doyle. Only Phase1 of the
Subdivision was ever approved, and this cannot be built upon because most or
all of it has been conveyed to the State. Therefore, it would be acceptable to
return the Bond.
Town Attorney Doyle stated that the
check should be made payable to the original entity which posted the Bond-Cold
Spring Investments, L.P.
RESOLUTION #230-05
The following Resolution was presented by Councilwoman Budney, seconded by Councilman Shea and unanimously carried;
RESOLVED, that the Town Board of the Town of Philipstown hereby authorizes the release of the Erosion Control Bond posted by Cold Spring Investments in connection with tax map number 38.-1-24.
8. Resolution authorizing the release of a Cash Performance Bond for Lee Balter relating to TM # 90.11-1-9.
Town Clerk Merando presented a
letter, dated August 11, 2005, from the Planning Board. The Planning Board
reviewed the erosion control carried out at the Lee Balter property. The subject property is stabilized and no
further action is necessary. The Planning Board recommends that the bond of
$2,500.00 be returned to the applicant.
RESOLUTION #231-05
The following Resolution was presented by Councilman Brower, seconded by Councilman Hosmer and unanimously carried;
RESOLVED, that the Town Board of the Town of Philipstown hereby authorizes the return of a Cash Performance Bond for Lee Balter in the full amount of $2,500.00 in connection with tax map number 90.11-1-9.
9. Resolution authorizing the release of a Cash Performance Bond for KJA
and Company relating to TM#60-2-25.
Town Clerk Merando presented a
letter, dated August 11, 2005, from the Planning Board. The Planning Board
reviewed the erosion control carried out at the KJA Land Co. property. The
subject property is stabilized and no further action is necessary. The Planning
Board recommends that the bond of $5,000.00 be returned to the applicant.
RESOLUTION #232-05
The following Resolution was presented by Councilman Shea, seconded by Councilwoman Budney and unanimously carried;
RESOLVED, that the Town Board of the Town of Philipstown hereby authorizes the return of a Cash Bond for KJA Land Co. in the full amount of $5,000.00 in connection with tax map number 60.-2-25.
10.Resolution
authorizing the Town Clerk to advertise for bidders to repair the
roof at the Town Hall, 238 Main Street,
Cold Spring, ‘Nunc Pro Tunc”.
RESOLUTION #233-05
The following Resolution was presented by Councilman Brower, seconded by
Councilwoman Budney and unanimously carried;
RESOLVED, that the Town Board hereby authorizes the Town Clerk to advertise
for bidders to repair the roof at the Town Hall, 238 Main Street, Cold Spring.
11.Resolution
authorizing the Town Clerk to advertise for bidders to paint
the Town Hall, 238 Main Street, Cold
Spring, ‘Nunc Pro Tunc”.
RESOLUTION #234-05
The following Resolution was presented by Councilman Shea, seconded by Councilman Hosmer and unanimously carried;
RESOLVED, that the
Town Board hereby authorizes the Town Clerk to advertise for bidders to paint
the Town Hall, 238 Main Street, Cold Spring.
12. Award bid for the 2005 Fall Town Wide Cleanup.
Town Clerk Merando read a letter,
dated September 1, 2005, from Town Attorney Doyle. Town Attorney Doyle reviewed
the two bids from C.R.P. Sanitation and Panichi Holding Corp. Based on the information furnished, it
appears that C.R.P. Sanitation, Inc., is the low bidder for the 30 yard
container per haul ($129.50) and the 30 yard container per disposal ($74.95).
RESOLUTION #235-05
The following Resolution was presented by Councilwoman Budney, seconded by Councilman Brower and unanimously carried;
RESOLVED, that the
Town Board hereby awards the bid for the 2005 Fall Town Wide Cleanup to C.R.P.
Sanitation, Inc., in the amount not to exceed – 30 yard container per haul
($129.50) and 20 yard container per disposal ($74.95).
13. Discussion on the acquisition of the Dahlia Estate.
Councilman Shea expressed the need for more space for storage and additional offices to conduct meetings.
Town Attorney Doyle stated that the Board has before them, the long form Environmental Assessment Form prepared by Tim Miller Associates.
Town Attorney Doyle outlined the steps needed to proceed:
1. The long form Environmental Assessment Form prepared by Tim Miller Associates has to be acted upon first.
2. Resolution adopting the Environmental Assessment Form and a Negative Declaration.
3. Resolution authorizing the Town of Philipstown to enter into the contract to acquire the real property.
4. Resolution to Issue $587,00.00 in serial bonds to finance the project.
Town Attorney Doyle stated the reason for the long form EAF is that the Philipstown Town Hall is on the National and State Registrar of Historic Places. Also, the EAF identifies in question B25 the possible approval needed from the Village Zoning Board, Village Architectural and Historic Review Board, Putnam County Planning Board, and the Philipstown Town Board for funding the project.
Councilman Shea stated we should proceed with the project and obtain approvals as needed.
Supervisor Mazzuca asked if there were any comments from the public. There were no comments.
13a. EAF for Acquisition of Dahlia Estate
The following Resolution was offered by Councilman Brower, who moved its adoption, seconded by Councilwoman Budney, to-wit:
A RESOLUTION DESIGNATING THE TOWN BOARD OF THE TOWN OF PHILIPSTOWN, PUTNAM COUNTY, NEW YORK, AS LEAD AGENCY AND MAKING A NEGATIVE DECLARATION PURSUANT TO SEQRA WITH RESPECT TO A PROJECT INVOLVING THE ACQUISITION OF REAL PROPERTY ADJACENT TO THE TOWN HALL IN AND FOR SAID TOWN.
WHEREAS, the Town Board of the Town of Philipstown has had under consideration, among other things, the acquisition of real property adjacent to the Town Hall, including the construction of improvements thereto, in an for said Town (the “Project”); and
WHEREAS, the Town Board has caused to be prepared a FULL ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS only (the “EAF); NOW THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Philipstown, Putnam County, New York, as follows:
Section 1. The Town Board of the Town of Philipstown, Putnam County, New York, hereby designates itself as Lead Agency under SEQRA for the Project referred to in the preambles hereof.
Section 2. The Town Board hereby incorporates and adopts the findings set forth in the EAF and makes a Negative Declaration with respect to the Project.
Section 3. This resolution shall take effect immediately.
The question of the Adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Supervisor Mazzuca VOTING Aye
Councilman Shea VOTING Aye
Councilwoman Budney VOTING Aye
Councilman Hosmer VOTING Aye
Councilman Brower VOTING Aye
The resolution thereupon declared duly adopted.
RESOLUTION AUTHORIZING ENTERING CONTRACT
TO ACQUIRE REAL PROPERTY
The following Resolution was offered by Councilwoman Budney, who moved its adoption, seconded by Councilman Shea, to wit:
WHEREAS, the Town Board wishes to enter a Contract to acquire real property at 2 Cedar Street, Cold Spring, New York from JOAN DAHLIA TOMLIN and JANE DAHLIA BLOOM as Co-Executrices of the Estate of Gertrude Dahlia, for the price of $350,000.00; and
WHEREAS, the Town Attorney has reviewed and approved the proposed form of Contract to be entered, and it has been reviewed by the Town Board;
NOW, THEREFORE be it
RESOLVED as follows:
Section 1. The Town Board does hereby authorize the Supervisor to sign and enter the Contract as presented to acquire the property at 2 Cedar Street for the sum of $350,000.00.
Section 2. The Supervisor and Town Attorney are hereby authorized to do all things reasonable and necessary to acquire said property pursuant to the terms of said Contract, including obtaining a new survey, obtaining title insurance, and to do any other necessary or appropriate actions in connection with such acquisition.
14. Code Enforcement Monthly Report.
Town Clerk Merando read the Code Enforcement Monthly Report.
15. Putnam County Humane Society’s
Monthly Report.
Town Clerk Merando read the Putnam County Humane Society’s Monthly Report.
16. Schedule a Public Hearing for a Local Law to amend the
Zoning Law 112-1 to change the definition of Subdivision, and amending Section
112-2E to specifically include any conveyance or exchange of land between
adjoining owners.
Town Attorney Doyle stated this local law was previously adopted; however, Section 112-2E should include any conveyance or exchange of land between adjoining owners.
The following Resolution was presented by Councilwoman Budney, seconded by Councilman Shea and unanimously carried.
RESOLVED, that the Town Board hereby scheduled a Public Hearing on October 6, 2005, at 7:45 P.M. at the Town Hall, 238 Main Street, Cold Spring, New York, to hear public comments for/against the proposed request for a Local Law to amend the Zoning Law 112-1 to change the definition of Subdivision, and amending Section 112-2E to specifically include any conveyance or exchange of land between adjoining owners.
17.Authorize
Supervisor to write letter of support for the Putnam County Housing
Corporation’s Re-application to the New York State Affordable Housing
Corporation.
RESOLUTION #240-05
The following Resolution was presented by Councilwoman Budney, seconded by Councilman Shea, and unanimously accepted;
RESOLVED, that the Town Board hereby authorizes Supervisor Mazzuca to write a letter of support to Joel Greenberg supporting the Putnam County Housing Corporation’s re-application to the New York State Affordable Housing Corporation.
17. a. Release Retainage in the amount of $9,880.05 to
Park Lane “Salt Shed”.
Town Clerk Merando presented a letter, dated September 8, 2005, from Highway Superintendent Chirico. Highway Superintendent Chirico stated that he has inspected the Salt Shed constructed by Park Lane Construction and found all work complete and he approved all work under the conditions of the contract. He recommended that the Town Board pass a resolution to release the retainage in the amount of $9,880.05 to Park Lane Construction.
RESOLUTION -#241-05
The following Resolution was presented by Councilman Brower, seconded by Councilman Shea and unanimously carried;
RESOLVED, that the Town Board of the Town of Philipstown hereby authorizes the release of the retainage in the amount of $9,880.05 to Park Lane Construction.
18. Schedule upcoming workshops/meetings
September 14th Hemlock Society -
Town Hall @ 9:00am
September 21th Blasting Law - Workshop
October 6th Amend the Zoning Law 112-1 - Public Hearing
19.Any other
business that may come before the Town Board.
Supervisor Mazzuca stated there has been a request from Parachute Pictures, Inc. A Columbia University student would like to shoot a short film on the following locations:
1. Route 9D between Manitou Road and Indian Brook Road.
2. Avery Road between Snake Hill Road and Indian Brook Road.. 3. Indian Brook Road between Route 9D and Moog Road.
Most of the shooting will take place at Dick’s Castle. Traffic will not be interrupted. Shooting will take place between the15th and 21thof September.
Town Attorney Doyle requested a Certificate of Insurance.
RESOLUTION #242–05
The following Resolution was presented by Councilwoman Budney, seconded by Councilman Shea and unanimously carried;
RESOLVED, that the Town Board of the Town of Philipstown hereby authorizes Parachute Pictures, Inc., to shoot a short film on the condition that a Certificate of Insurance is received by the Town of Philipstown.
Councilman Brower stated that on September 25th there will be a bi-annual EMS Appreciation Day at Surprise Lake. Also, there is a scheduled meeting on September 13th with the fire chiefs and ambulance corps to discuss communications, noting that the County will not be paying for the radios in the future.
Town Attorney Doyle stated two additional concerns about the Dahlia Estate:
1. Title Insurance should be secured by the Town to insure that the Town has title for the property.
2. To our knowledge, there is no survey for the property. Badey & Watson should be contacted to do a survey.
The following was presented by Councilwoman Budney, seconded by Councilman Shea and unanimously carried;
RESOLVED, that the Town Board authorizes Town Attorney Doyle to secure Title Insurance for the Dahlia Estate and hire Badey & Watson to survey the Dahlia Estate if no survey can be found.
Audience
Rich Wallin presented a letter from the Superintendent of Haldane and the Board of Education. They would like to thank the Town Board for the assurance that the Haldane students would have access to Philipstown Fields. Also, they will
assist with the cost of maintenance of the fields if it can be pre-planned in the December budget.
An audience member inquired about helping the victims of Hurricane Katrina. He asked if it would be viable to contribute to the efforts set forth by Downey Oil. Supervisor Mazzuca conveyed that he would investigate what the town can do to help. Andy Chmar pointed out that it is important to insure there is a need before sending items to the victims of the hurricane. Susanne Timmer volunteered to collect items of need.
Howard Kaplowitz, President of the Old Road Society, expressed concerned about recent paving. He would like to have a workshop with Highway Superintendent Chirico to discuss the paving of roads. Supervisor Mazzuca will notify the Old Road Society when this workshop will take place.
Councilman Shea stated we are under a mandate from the federal government and the DEC to manage storm-water runoff from the roads, which pollute the streams. Therefore, paving is sometimes necessary. The paving was discussed at three different meetings. Also, Councilman Shea stated that it is not the town’s intention to pave all dirt roads.
Andy Merante confirmed the fact that the Town was in receipt of the letter from Wellington Carvalho, consultant with Stormwater Management. Supervisor Mazzuca stated that we are required by law to have citizens from the community on Stormwater committees. He is concerned about the lack of response from the community. There were only four interested applicants. The Town has hired an engineering firm to assist in preparing the yearly report. Stormwater Management will be extremely costly for the community.
Zshawn Sullivan, resident of Hudson River Lane, expressed concerns about the Cooper property. Ms. Sullivan inquired as to the next step the Town Board is going to take concerning this matter. Supervisor Mazzuca stated the August 16 meeting, which discussed the Cooper property, was advertised. Supervisor Mazzuca stated that the meeting of August 16 qualified as an Executive Session meeting in which the public would not be allowed to attend because they would be discussing a lawsuit. He stated that it was his recommendation not to have this meeting in executive session so the public would be allowed to attend.
Architectural drawings and the building itself will be reviewed. Whatever is best for the town will be done. There will be another meeting on this matter and it will be posted in the Putnam County News and Recorder.
VACANCIES
Recreation
Commission (2)
Continental
Village Advisory Committee (1)
APPROVAL OF
VOUCHERS
Councilman Shea made a motion, seconded by Councilman Brower and unanimously carried that the General Vouchers in the amount of $59,696.87, are hereby approved as set forth in Abstracts 9A and 9.
Councilman Hosmer made a motion, seconded by Councilwoman Budney and unanimously carried that the Highway Vouchers in the amount of $126,496.85, are hereby approved as set forth in Abstract 9.
Councilman Shea made a motion, seconded by Councilwoman Budney and unanimously carried that the Continental Village Park District Vouchers in the amount of $5,963.19, are hereby approved as set forth in Abstract 9.
Councilwoman Budney made a motion, seconded by Councilman Shea and unanimously carried that the Continental Village Water District Vouchers in the amount of $1,225.17, are hereby approved as set forth in Abstract 9.
There being no further business to discuss, Councilman Shea made a motion, seconded by Councilwoman Budney, to close the Monthly Town Board meeting at 9:35 p.m.
Respectfully submitted by,
Tina M. Merando
Town Clerk