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.

 

REVIEW OF MINUTES

 

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.

 

COMMITTEE REPORTS

 

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.

 

RESOLUTION # 220-06

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.

 

RESOLUTION #221-06

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.

 

RESOLUTION # 224-06

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;

 

RESOLUTION #226-06

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.

 

RESOLUTION #227-06

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.

 

RESOLUTION #228-06

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 #229-06

 

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)

 

            Resolution Offered by Council Member Richard Shea.

 

            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.

 

            Resolution Seconded by Council Member Betty Budney.

 

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

           

RESOLUTION #231-06

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.

 

RESOLUTION #233-06

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.

 

RESOLUTION #234-06

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.

 

ROLL CALL VOTE

 

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.

 

AUDIENCE

 

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)

 

APPROVAL OF VOUCHERS

 

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