The Town Board of
the Town of Philipstown held their Monthly Town Board Meeting on the above date
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.
The Minutes of the Public
Hearing of September 7, 2006, Mountain Drive Assessment Roll were reviewed.
Councilwoman Budney made a
motion, seconded by Councilman Brower and unanimously carried that the Public
Hearing Minutes of September 7th are hereby approved as presented.
The minutes of the Monthly
Town Board Meeting of September 7, 2006, were reviewed.
Councilman Hosmer made a
motion, seconded by Councilman Shea and unanimously carried that the Minutes of
the Monthly Town Board Meeting of September 7th are hereby approved
as presented.
The Minutes of the Weekly
Town Board Meeting of September 20, 2006, were reviewed.
Councilman Shea made a
motion, seconded by Councilwoman Budney and unanimously carried that the
Minutes of the Weekly Meeting of September 20th are hereby approved
as presented.
The Minutes of the Public
Hearing of September 27, 2006 – QPPDD – Affordable Units on single lots were
reviewed.
Councilwoman Budney made a
motion, seconded by Councilman Shea and unanimously carried that the Minutes of
the Public Hearing of September 27th are hereby approved as
presented.
The Minutes of the Weekly
Town Board Meeting of September 27, 2006, were reviewed.
Councilman Brower made a
motion, seconded by Councilman Shea and unanimously carried that the Minutes of
the Weekly Town Board Meeting of September 27th are hereby approved
as presented.
Highway - Councilman
Hosmer reported that the Highway Department is currently clearing out catch
basins and routine maintenance.
Planning – He noted that he was unable to attend the
meeting. However, the minutes will be
posted on the Town’s Website and can be viewed on Cablevision.
Recreation – Councilwoman Budney reported that the fall
programs are doing well and attendance high.
She then announced the upcoming events scheduled through the Recreation
Department.
CAC – Councilman Shea noted that he was unable to attend
last month’s meeting.
Recycling – Councilwoman Budney announced the date, time,
location and regulations for the Town Wide Fall Cleanup.
Building & Land
Acquisition – No report.
Zoning – Councilman Brower reported that the Zoning Board
has met twice since the Town’s last meeting.
He reviewed items addressed at the September 18th and October
2nd meetings.
AGENDA
1. Honorary Resolution for Susan Bates.
The following Resolution was
presented by Councilwoman Budney, seconded by Councilman Shea and unanimously
carried:
WHEREAS, Susan Bates began serving as a catalyst for our
community by graciously donating her time and talent to initiate and create a
Comprehensive Plan for the Town of Philipstown; and
WHEREAS, Susan Bates displayed a sense of caring, a desire
to share, and the willingness to participate with the Town of Philipstown’s
endeavors to achieve the kind of community we hope to build for ourselves and
for our children; and
WHEREAS, Susan Bates has faithfully and conscientiously
served the Town of Philipstown and its citizens for many years, during which
time numerous projects were initiated through her leadership, and will continue
to have a growing impact on the Town of Philipstown;
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the
Town of Philipstown deem it an honor and a pleasure to extend to Susan our
sincere congratulations for her personal contributions to our community; and
BE IT FURTHER RESOVLED that the Town Board hereby wishes to express to Susan and her family our best wishes for many years of health and happiness in the years ahead.
2. Glen Watson to address the Town Board regarding the abandonment of certain sections of town roads in connection with the Fishkill Road Project.
Town Attorney Doyle recused
himself in this matter.
Glen Watson explained that
this has to do with the Fishkill Road re-alignment. He submitted a map outlining the proposed town road abandonment’s
and the re-alignment of the road. The
disposition map depicts three parcels colored orange, which are the town roads
involved in the abandonment, once the project is completed.
Craig Bumgarner, Counsel for
Putnam County has prepared a resolution for the Town’s consideration in this
matter. Mr. Watson explained that the
resolution before the Town Board is to approve the re-alignment project and the
town’s intention to abandon those portions of the town roads. Also, the Town needs to retain counsel in
this matter and finally authorize Supervisor Mazzuca to sign the disposition
map which will be filed in the County Clerk’s Office.
The following Resolution was
presented by Councilwoman Budney, seconded by Councilman Hosmer and unanimously
carried;
WHEREAS, the County of Putnam
has decided to realign the intersection of North Highland Road (a/k/a County
Route 10) and Old Post Road (a/k/a Fox Road) in the Town of Philipstown, County
of Putnam and State of New York (hereinafter referred to as the ”Realignment
Project”), and
WHEREAS, the Realignment
Project envisions that certain portions of roadway maintained by the Town of
Philipstown, and depicted as parcels 3, 8 and 10A on the ”Disposition Map
Showing Parcels no longer Required for North Highland Road – County Route 10 By
The County of Putnam,” prepared by Badey and Watson Surveying and Engineering,
P.C., dated December 27, 1999, last revised September 26, 2006 (hereinafter the
”Philipstown Disposition Parcels”), be abandoned upon completion of the
Realignment Project and conveyed to certain adjoining property owners, and
WHEREAS, the Town Board of
the Town of Philipstown wishes to express its support for the Realignment
Project and its desire to formally abandon the Philipstown Disposition Parcels
upon completion of Realignment Project;
NOW, THEREFORE BE IT RESOLVED,
that the Town Board of the Town of Philipstown hereby expresses it support for
the Realignment Project and its desire to formally abandon the Philipstown
Disposition Parcels, upon completion of the Realignment Project, and
BE IT FURTHER RESOLVED, that
the Town Board of the Town of Philipstown agrees to pass a resolution in
accordance with §212-a of the Highway Law consenting to abandon the Philipstown
Disposition Parcels, upon completion of the Realignment Project and the receipt
of the recommendation from the Town of Philipstown Highway Superintendent, and
BE IT FURTHER RESOLVED, that
the Town shall then convey Quitclaim Deeds for its interest, if any, in said
parcels as follows: for parcels 3 and 8
to the abutting owners of same and for parcel 10A to N & E Realty, LLC (or
the then owner of said parcel).
BE IT FURTHER RESOLVED, that
said Resolution is to become effective upon its approval, as to form, by
Special Counsel to be engaged by the Town for said purpose; and
BE IT FURTHER RESOLVED, that
upon approval of the form of this resolution and the paragraph on said
“Disposition Map” citing this resolution by Special Counsel, the Supervisor is
authorized to sign the map indicating the Board’s permission to file it in the
office of the Putnam County Clerk.
UPON ROLL CALL VOTE:
Supervisor
Mazzucca AYE Councilperson Hosmer AYE
Councilperson
Brower AYE Counsilperson Shea AYE
Councilperson
Budney AYE
VOTE: RESOLUTION CARRIED BY A VOTE OF 5 TO 0
---------------------------------------------
RESOLUTION #222-06
The following Resolution was
presented by Councilman Brower, seconded by Councilwoman Budney and unanimously
carried;
RESOLVED, that the Town Board hereby retains James Loeb as Special Counsel to represent the Town of Philipstown at the rate of pay not to exceed $175.00 per hour, plus out-of-pocket expenses.
3. David Weinpahl to address the Town Board
regarding the DeVido Land Subdivision on Foundry Pond Road.
David
Weinpahl of 88 Foundry Pond Road expressed his concerns with regard to the
proposed DeVido Land Subdivision. He
explained that this property were three lots and approximately 7 ½ acres. On the north end of that track is the
right-of-way that the Village of Cold Spring’s Water Department utilizes for
its water supply.
The
developer went before the Planning Board requesting a four (4)-lot
subdivision. The Planning Board in
reviewing this application, expressed concerns with regard to stormwater runoff
issues. Even to the extent of
requesting the applicant to install an on-site stormwater basin and dry well in
an attempt to control stormwater. The
Planning Board also requested one access road to the property instead of three or
four individual driveways. At the conclusion
of the public hearing, the Planning Board asked the developer to come back with
plans for a three-lot subdivision. The
developer returned with the same proposal and subsequently withdrew his
application.
Mr.
Weinpahl explained that the developer now has applications for building
permits. This was done by lot-line
revisions as per the Town Code. The
developer now has four lots and building permits for each one.
Mr.
Weinpahl referenced a letter from Glen Watson dated September 7, 2006, that reads
as follows:
“Lot
29 on the filed map did not have frontage on a Town Road. Its access was over an Old Road that appears
on the Filed Map in Book 3 at page 68.
Since there was no apparent use of the Old Road, DeVido had title to the
old road searched and was able to secure insurance that any easement over the
Old Road was ineffective and that DeVido had the fee to the road. The exchanges effected the transfer of the
fee of the Old Road to Ant-Ant, thus providing Lot 29 with frontage on Foundry
Dam Road and eliminating one its non-conformities.”
Mr.
Weinpahl is appealing to the Town Board to issue a “Stop Work Order” against
the two building permits, as they are a result of this assumed ownership of the
village’s access road.
Glen Watson stated that the
Village of Cold Spring did not use the “Old Road,” and a site visit would
reveal that this property has not been used by anyone in many years. However, the village in the past did cross
through the middle of the campground where the cottages were, turned left and
used the southerly part of it with permission from the previous owner. He went on to say whether or not the
property is subject to easement doesn’t address the question of ownership. Typically, a road, even Foundry Pond Road,
the ownership goes to the middle of the road.
Noting that the town, owner or neighbor enjoys an easement to use that
road. The ownership of the road belongs
to the person that owns the property.
He noted that there was
never a question as to who owns the road, but rather the question as to whether
or not someone could exercise an easement over that road, which would put it’s
use as frontage for a legal lot in question.
Mr. DeVido had title to that road searched, and he was able to get
positive insurance that any easement in that road is ineffective and could not
be enforced. Therefore, he has
insurance that the easement is dead and he owns the road.
Following a lengthy
discussion, Supervisor Mazzuca explained that the Town Board has no authority
to request of the Code Enforcer to issue a “Stop Work Order.” The Town Board will sit down and discuss
this matter with the Code Enforcer.
4. Resolution adopting the Community Center’s Floor Plans for the Town of Philipstown’s Safety Manual.
RESOLUITON #223-06
The following Resolution was
presented by Councilwoman Budney, seconded by Councilman Brower and unanimously
carried;
RESOLVED, that the Town Board hereby adopts the Community
Center’s Floor Plans for inclusion in the Town of Philipstown’s Safety Manual.
5. Resolution authorizing the Town Board to require of the applicant, Scott & Elizabeth Wood, to establish an escrow account in the amount of $1,000.00 to pay for intensive inspections and monitoring by the wetland inspector as stipulated in the Philipstown Code Chapter 71, Article 1.
Town Clerk Merando read
a letter dated September 9, 2006, from David Klotzle, Wetland Inspector.
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 requires of the applicant, Scott & Elizabeth Wood, of 325 East
Mountain Road North, Cold Spring, N.Y. TM# 7.-1-22, to establish an escrow
account in the amount of $1,000.00 to pay for intensive inspections and
monitoring by the wetland inspector as stipulated in Philipstown Code Chapter
71, Article 1.
6. Resolution authorizing the Town Board to require of the applicant, Pearson, to establish an escrow account in the amount of $1,000.00 to pay for intensive inspections and monitoring by the wetland inspector as stipulated in the Philipstown Code Chapter 71, Article 1.
RESOLUTION #225-06
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 requires of the applicant, Scott Pearson, of 52 Lane Gate Road, Cold
Spring, N.Y. TM# 38.-3-49.2, to establish an escrow account in the amount of
$1,000.00 to pay for intensive inspections and monitoring by the wetland
inspector as stipulated in Philipstown Code Chapter 71, Article 1.
7. Resolution authorizing the release of $22,529.00 to Indian Brook LLC for wetland mitigation.
The following Resolution was
presented by Councilman Shea, seconded by Councilman Hosmer and unanimously
carried;
RESOLVED, that the Town Board hereby authorizes the release
of the Performance Bond to Indian Brook LLC in the amount of $22,529.00, which
is 20% of the total bond.
8. Resolution authorizing Supervisor Mazzuca to sign the agreement between the Town of Philipstown and Cornell Cooperative Extension with regard to conducting 4H meetings at the VFW and the required insurance certificate.
The following Resolution was
presented by Councilwoman Budney, seconded by Councilman Brower and unanimously
carried;
RESOLVED, that the Town Board hereby authorizes Supervisor
Mazzuca to sign the agreement between the Town of Philipstown and Cornell
Cooperative Extension allowing the 4H to conduct meetings at the VFW.
9. Resolution authorizing the release of Bond and Return of Surety in the amount of $25,000.00 to Lynda and Edward Vrooman.
Town Clerk Merando read a
letter dated September 21, 2006, from Badey & Watson noting that the
Planning Board recommends the release of said bond.
The following Resolution was
presented by Councilwoman Budney, seconded by Councilman Shea and unanimously
carried;
RESOLVED, that the Town Board hereby authorizes the release
of the Performance Bond and the return of the surety money to Lynda and Edward
Vrooman in the amount of $25,000.00.
10. Resolution setting budget and accepting completed Assessment Roll for Valley Lane.
RESOLUTION SETTING BUDGET, ACCEPTING COMPLETED ASSESSMENT ROLL FOR FILING WITH TOWN CLERK, AND SETTING PUBLIC HEARING PURSUANT TO TOWN LAW 231(2)
AND 202(A)
WHEREAS, the Town has established the Valley Lane
and portion of Brookside Drive Road Improvements pursuant to Town Law Section
200, and has reviewed a proposed budget and assessment roll for said improvement
for the 2007 year, and
NOW, THEREFORE; be it resolved that the Town
Board, pursuant to Town Law 231(2) and 202(A), accepts as complete the 2007
tentative budget and tentative assessment roll attached hereto, and directs
that they be filed immediately with the Town Clerk.
The votes were as follows:
Council Member Betty Budney AYE
Council
Member Al Hosmer AYE
Council
Member David Brower AYE
Council
Member Richard Shea AYE
Council
Member William Mazzuca AYE
Whereupon, the Resolution was declared adopted by the Town
Board of the Town of Philipstown.
11. Schedule budget workshops.
12. Schedule Public Hearings for the 2007 Proposed Budget:
a) Continental Village Park
District Budget 7:30 p.m. Wednesday, Nov. 8, 2006
b) Continental Village Water
District Budget 7:35 p.m. Wednesday, Nov. 8 2006
c) Philipstown Ambulance
Contract 7:40 p.m. Wednesday, Nov. 8, 2006
d) Cold Spring Fire
Contract 7:45
p.m. Wednesday, Nov. 8, 2006
e) General Budget 8:00 p.m. Wednesday, Nov. 8,2006
The following Resolution was
presented by Councilman Brower, seconded by Councilman Hosmer and unanimously
carried:
Resolved, that the Town
Board hereby schedules the Public Hearings for the 2007 Proposed Budget as
indicated above.
13. Resolution authorizing Supervisor Mazzuca to draft a letter of support for the 2006/2007 Real Property Tax Administration Technology Improvement Grant to provide GIS information in a web-based application. (NUNC PRO TUNC)
RESOLUTION #232-06
The following Resolution was
presented by Councilman Hosmer, seconded by Councilwoman Budney and unanimously
carried;
RESOLVED, that the Town Board hereby authorizes Supervisor
Mazzuca to draft a letter of support for the 2006-2007 Real Property Tax
Administration technology Improvement Grant.
14. Resolution for the proposed addition to
Greenway Trail – Indian Brook Road and Avery Road.
The following
Resolution was presented by Councilman Shea, seconded by Councilwoman Budney
and unanimously carried;
WHEREAS, the proposed Greenway Trail additions begin in the
north at the intersection of the western terminus of Indian Brook Road with
Route 9D and end in the south at the intersection of the southern terminus of
Avery Road with Snake Hill Road; and
WHEREAS, the addition of these existing scenic road segments will serve to fill in gaps in the Hudson River Greenway Trail in Philipstown; and
WHEREAS, the additions will link the Greenway Trail to
Greenway Riverside Trails such as the North Redoubt Trail and Boscobel Woodland
Trail and other trails along tributaries of the Hudson River, such as The
Indian Brook Waterfall Trail; and
WHEREAS, other regional resources such as the Constitution
Marsh State Bird Conservation Area and National Audubon Society Center, as well
as historic sites, may be reached from these roads; and
NOW, THEREFORE, BE IT
RESOLVED, that the Town of
Philipstown nominates Indian Brook Road and Avery Road, roads within the
boundaries of Philipstown, as connector trails in the Hudson River Valley
Greenway Trail.
15. Letter dated September 26, 2006, from Andy Chmar of the Hudson Highlands Land Trust
Supervisor Mazzuca explained
that the Town has adopted the Comprehensive Plan and is about to re-write the
Town Code. Therefore, the Town Board has discussed the possibility of imposing
a moratorium on major development. He
further stated that there would be some construction that would be allowed, as
well as the Quarry Pond Planned Development.
The Town Board asked Town Attorney Doyle to begin the process of
drafting a Local Law.
Councilman Brower added
that, as a member of the Zoning Advisory Committee, supports the idea, as this
process is going to take some time before implementation.
16. Code Enforcement
Monthly Report
Town Clerk Merando read the
monthly report.
17. Resolution needed for
the following transfer of funds:
$2,500.00
From: A00-01-1220-100 Personnel
Services (Supervisor)
To: A00-01-1010-100 Personnel
Services (Town Board)
Supervisor Mazzuca explained
that he requested this transfer of funds as he is a retired state worker. Therefore, he is limited on the amount of
money he can earn. The limit is
$27,500.00 if you are working for another government entity. Supervisor Mazzuca asked that the Town Board
pass a resolution changing his salary from $30,000 to $27,500.
He requested of the Town
Board that the $2,500.00 difference be added Councilman Shea’s salary, as he
acts as Deputy Supervisor. Councilman
Shea recused himself in this matter.
The following Resolution is
presented by Councilwoman Budney, seconded by Councilman Brower and unanimously
carried;
RESOLVED, that the Town Board hereby reduces Supervisor
Mazzuca’s annual salary from $30,000 to $27,500 from the following
appropriations:
From: A00-01-1220-100 to
A00-01-1010-100 Personnel Services, and;
BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the excess
monies in the amount of $2,500.00 be transferred to Councilman Shea, who is the
Deputy Supervisor.
Supervisor Mazzuca AYE
Councilwoman Budney AYE
Councilman Hosmer AYE
Councilman Brower AYE
Councilman Shea ABSTAINED
Resolution adopted by
majority vote.
18. Schedule Workshops/Meetings.
Supervisor Mazzuca stated
that budget workshops needed to be scheduled.
He asked that these workshops be limited to Wednesdays.
October 11, 2006 @ 8:00 p.m.
October 18, 2006 @ 7:30 p.m.
October 25, 2006 @ 7:30 p.m.
Joe Ragele addressed the
Town Board expressing his concerns with regards to the Garrison Volunteer Fire
Department’s upcoming Special Election to increase the benefit for the Length
of Service Award Program. He noted that
there is limited information available to the residents with regard to
financial details for this proposal. He also disagreed with polling hours,
commenting that residents who commute would have difficulty getting to the
polls. It was noted that the Garrison
Firehouse would be holding two informational meetings on October 11th
and 14th.
Supervisor Mazzuca responded
to Mr. Regele stating that this program has been in place for some time. He explained that this program is defined by
the State; it’s not something the fire company or the Town sets up. Supervisor Mazzuca explained that the
criteria is clearly set forth and they must be met in order to be enrolled in
the retirement. This discussion
continued at length.
VACANCIES:
CV Advisory Committee (2)
CAC (2)
Zoning Board of Appeals (1)
Councilman Shea made a
motion, seconded by Councilman Brower and unanimously carried that the General
Vouchers in the amount of $90,855.99 are hereby approved as set forth in
Abstract 9A and 10.
Councilman Hosmer made a
motion, seconded by Councilwoman Budney and unanimously carried that the
Highway Vouchers in the amount of $42,641.79 are hereby approved as set forth
in Abstract 10.
Councilwoman Budney made a
motion, seconded by Councilman Brower and unanimously carried that the CVPD
Vouchers in the amount of $6,652.24 are hereby approved as set forth in
Abstract 10.
Councilman Brower made a
motion, seconded by Councilwoman Budney and unanimously carried that the CVWD
Vouchers in the amount of $7,421.01 are hereby approved as set forth in
Abstract 10.
There being no further
business to discuss Councilman Brower made a motion, seconded by Councilwoman
Budney and unanimously carried that the Town Board Meeting be closed at 9:45
p.m.
Respectfully
submitted by,
Tina M.
Merando
Town
Clerk