The Town Board of
the Town of Philipstown held their Monthly Town Board Meeting at 8:00 p.m,. at
the Town Hall, 238 Main Street, Cold Spring, on the above date.
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
Highway Materials Bid Opening of November 1, 2006, were reviewed.
Councilwoman Budney
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 November 2,
2006, were reviewed.
Councilman Brower made a motion, seconded by Councilwoman Budney and unanimously carried that the Minutes are hereby approved as presented.
The Minutes of the Public
Hearing of November 8, 2006, Preliminary
Budget CV Park District, were
reviewed.
Councilman Hosmer
made a motion, seconded by Councilman Shea and unanimously carried that the
Minutes are hereby approved as presented.
The Minutes of the Public
Hearing of November 8, 2006, Preliminary
Budget CV Water District, were
reviewed.
Councilman Shea made
a motion, seconded by Councilman Brower and unanimously carried that the
Minutes are hereby approved as presented.
The Minutes of the Public
Hearing of November 8, 2006, Philipstown
Volunteer Ambulance, 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 Public
Hearing of November 8, 2006, Cold Spring Fire Company #1, 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 Public
Hearing of November 8, 2006, General Budget,
were reviewed.
Councilman Shea made
a motion, seconded by Councilman Brower and unanimously carried that the Minutes
are hereby approved as presented.
The Minutes of the Public
Hearing of November 16, 2006, Senior Citizens Tax Exemption, were reviewed.
Councilman Hosmer
made a motion, seconded by Councilman Shea and unanimously carried that the
Minutes are hereby approved as presented.
The Minutes of the Public
Hearing of November 16, 2006, Persons with Disabilities & Limited Resources, 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 Public Hearing of November 16, 2006, Accessory Apartments, were reviewed.
Councilwoman Budney
made a motion, seconded by Councilman Shea and unanimously carried that the
Minutes are hereby approved as presented.
HIGHWAY – Councilman Hosmer reported that the Highway is currently
conducting routine maintenance and clearing out catch basins.
PLANNING BOARD – Councilman Brower reviewed the items addressed at
the Planning Board Meeting of November 30, 2006. The Planning Board does not
meet in December. The next meeting will be in January 2007.
RECREATION – Councilwoman Budney reviewed the events offered
through the Recreation Department.
RECYCLING – No report.
BUILDING & LAND
ACQUISITION – No
report.
ZONING BOARD – Councilman Brower reviewed the items addressed at
the Zoning Board Meetings of November 6, 2006 and November 20, 2006. The Zoning
Board does not meet in December. The next meeting will be held in January 2007.
TOWN OF
PHILIPSTOWN
MONIES RECEIVED AS OF DECEMBER 7, 2006
Justice Fees 10/06 $ 6,200.00
Justice Fees 10/06
3,975.00
P.C. VFW Rental
75.00
T.C. Fees 10/06 344.20
G.V.Fire CK Special Election 541.49
C.T.V. Fees
12,889.00
C.T.V. Fees 7,589.00
P.C. Mort Tax
382,661.24
M.Angel P.B. Review Fees 1,287.50
Bank Int.
168.09
Sheriff Gas
6,925.18
Bank Int.
35.11
Clubhouse Fees
100.00
Bank Int.
405.30
1.
Resolution authorizing Supervisor Mazzuca to sign the
contract with Robert Ferris to serve as Dog Control Officer for the Town of
Philipstown.
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 contract between the Town of
Philipstown and Robert Ferris for Dog Control Services for the year 2007, at a
salary not to exceed that set forth in the 2007 budget.
2.
Resolution authorizing Supervisor Mazzuca to sign the
contract with Tom Rippolon for video recording services for Town meetings for
2007.
RESOLUTION #271-06
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 sign the contract between the Town of
Philipstown and Tom Rippolon for video recording services for Town meetings for
2007, at a salary not to exceed that set forth in the 2007 budget.
3.Resolution authorizing Supervisor Mazzuca
to sign the contract with David Klotzle to serve as the Wetlands Inspector for
the Town of Philipstown.
RESOLUTION #272-06
The following Resolution was presented by Councilwoman Budney, seconded by Councilman Shea and unanimously carried;
RESOLVED, that the Town Board hereby
authorizes Supervisor Mazzuca to sign the contract between the Town of
Philipstown and David Klotzle to serve as the Wetlands Inspector for the Town
of Philipstown for 200,7 at a salary not to exceed that set forth in the 2007
budget.
4.Resolution authorizing Supervisor Mazzuca
to sign the contract between Putnam County and the Town to provide the W.I.C.
Program for 2007.
Town Clerk Merando noted that there is a change in the
contract concerning meeting times. WIC will meet once every three months on the
3rd Friday, beginning January 1, 2007. County Legal instructed Town
Clerk Merando to correct the contract and initial the change.
RESOLUTION #273-06
The following Resolution was presented by Councilman Shea, seconded by Councilwoman Budney and unanimously carried;
RESOLVED, that the Town Board hereby
authorizes Supervisor Mazzuca to sign the contract for the rental, by the
County, of the VFW Building to administer the WIC Program for 2007.
5. Resolution accepting the resignation of Eric Lind from the Conservation Advisory Council and authorizing the Town Clerk to send a letter of appreciation.
Town Clerk Merando read the resignation letter from
Eric Lind. Mr. Lind is resigning
because he is moving and will no longer be a resident of Philipstown. Supervisor Mazzuca reported that the CAC is
an advisory committee and members do not have to be residents of the Town. Supervisor Mazzuca stated that Section 10-2A
has to be amended by resolution to state that members need not reside in
Philipstown.
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 tables the acceptance of the
resignation of Eric Lind from the Conservation Advisory Council.
6.
Resolution
accepting the resignation of Ann McConnachie from the Recreation Commission
effective January 1, 2007, and authorizing the Town Clerk to send a letter of
appreciation.
Town Clerk
Merando read the resignation letter from Ann McConnachie. Supervisor Mazzuca regretfully accepted Ms.
McConnachie’s resignation and authorized Town Clerk Merando to advertise for
the open position on the Recreation Commission.
RESOLUTION 275-06
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 accepts the
resignation of Ann McConnachie from the Recreation Commission effective January
1, 2007, and authorizes the Town Clerk to send a letter of appreciation.
RESOLUTION #276-06
The following Resolution was presented by Councilman Shea, seconded by Councilman Hosmer and unanimously carried;
RESOLVED, that the
Town Board of the Town of Philipstown hereby authorizes Town C lerk Merando to advertise for the
open position on the Recreation Commission.
7.
Authorize Supervisor Mazzuca to sign the following contracts:
· Philipstown
Volunteer Ambulance Corps, Inc.
· Cold
Spring fire Company No. 1
Town Attorney Doyle approved the contract.
The following Resolution was presented by Councilman Brower, seconded by Councilman Shea and unanimously carried;
RESOLVED, that the
Town Board hereby authorizes Supervisor Mazzuca to sign the contract for the
Philipstown Volunteer Ambulance Corps, Inc., for the amount not to exceed the
amount set forth in the 2007 Budget.
Town Attorney Doyle approved the contract.
The following Resolution was presented by Councilwoman Budney, seconded by Councilman Shea and unanimously carried;
RESOLVED, that the
Town Board hereby authorizes Supervisor Mazzuca to sign the contract for the
Cold Spring Fire Company No. 1, for the amount not to exceed the amount set
forth in the 2007 Budget.
8. Reappoint Gordon Casement to a 5-year
term on the Board of Assessment Review. (Term to expire 9-30-2011)
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 reappoints
Gordon Casement to a 5-year term on the Board of Assessment Review, which will
expire 9-30-2011.
9. Reappoint Rita Geraty to a 5-year term on
the Board of Assessment Review. (Term to expire 9-30-2011)
The following Resolution was presented by Councilman Hosmer, seconded by Councilwoman Budney and unanimously carried;
RESOLVED, that the Town Board of the Town of Philipstown hereby reappoints Rita
Geraty to a 5-year term on the Board of Assessment Review, which will
expire 9-30-2011.
10.Resolution
scheduling a Public Hearing for a proposed Local Law to require applicants to pay for outside review
services.
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 schedules a Public Hearing for, January 4, 2006, 7:30 pm, at the Philipstown Town Hall Town, to hear comments for/against a proposed Local Law to amend the Code of the Town of Philipstown, Chapter 71 thereof entitled “Development Fees,” to change Section 71-3 Outside Review Services and Applications for Special Arrangements.
11.Resolution
retaining counsels to represent the Zoning and Planning Boards.
The following Resolution was presented by Councilman Shea, seconded by Councilman Hosmer and unanimously carried;
WHEREAS, the Town wishes
to retain counsel to the Zoning Board of Appeals and Planning Board and provide
for their payment;
NOW, THEREFORE be it
RESOLVED, that the Town
hereby retains the Firm of Drake, Loeb, Heller, Kennedy, Gogerty, Gaba &
Rodd PLLC, to represent the Zoning Board of Appeals and Planning Board, and be
it further
RESOLVED, that Adam L.
Rodd, Esq. of said Firm will represent the Zoning Board of Appeals, and said
Firm will be pail $14,400.00 per year, at the rate of $1,200.00 per month for
such representation; and be it further
RESOLVED, that Stephen
J. Gaba, Esq. of said Firm will represent the Planning Board, and said Firm
will be paid at the rate of $7,200.00 per year, payable at $600.00 per month
for general services, advice and attendance at Meetings, and that for time
spent on any particular applicant’s matters said Firm will be paid its hourly
rate, as set forth below, by the applicants who will be required to pay funds
into an escrow account from which consultants and attorneys will be paid who
review the matters of said applicant; and be it further
RESOLVED, that when
applicable Adam L. Rodd will change his time at the rate of $175.00 per hour,
Stephen J. Gaba will charge his time at the rate of $175.00 per hour, and James
R. Loeb of said Firm will charge his time at the rate of $175.00 per hour.
12.Discussion
with regard to Expressway Auto and the required plantings at that site.
Supervisor Mazzuca stated that Expressway Auto’ s fence looks very nice and it is the consensus of the Town Board that condition #9, which states that English Ivy be planted around the perimeter of the fence, be omitted.
The following Resolution was presented by Councilman Hosmer, seconded by Councilman Brower and unanimously carried;
RESOLVED, that the
Town Board of the Town of Philipstown hereby eliminates Condition #9, which
states: The Permittee shall install an intense planting of the evergreen
vine, English Ivy (Hepera hefix), in order
to promote a more natural screen of the stone base and vinyl fence. This shall be installed around the entire
perimeter of the fence. Permittee shall
water, replace and maintain same as necessary to provide a substantial, natural
appearing buffer. Failure to maintain
the landscaping in a vigorous growing condition shall be deemed a violation of
this permit and grounds for suspension of the Permit and all operations
thereunder until the condition is remedied to the satisfaction of the Town. The existing vegetation along the fence
adjacent to Route 9 shall be presented as much as reasonably possible,
concerning Conditions for Expressway Auto dated July 13, 2006.
13.Discussion
with regard to dissolving the Local Development Corporation for the Town of
Philipstown.
Addressed in item 14.
14.Discussion
with regard to the Public Authority Accountability Act of 2005, effecting the
Philipstown Performing Arts Development Corp.
Robert Bickford
addressed the Town Board regarding the Public Authority Accountability Act of
2005. The Local Development Corporation for the Town of Philipstown and
Philipstown Performing Arts Development Corp., are encompassed under this Act
and must comply with all accountable measures beginning January 1, 2007.
He stated that the “LDC” is totally inactive and the “PPA,” together with the Town, runs the Depot Theatre. This Act covers any not-for -profit corporation affiliated with, sponsored by, or created by a county, town or village government. The principle effects are that the chief executive officer and the chief financial officer cannot be members of the governing board. In the case of the PPA, the president and treasurer both had to resign their positions so they could stay on the board. Requirements also include establishing audit and governance committees and engaging an outside auditor. This would be a very expensive proposition for the PPA, considering it is a charitable organization. The PPA has established board committees. An additional requirement is that all members of the Board of Directors must file financial disclosure statements annually with the County Board of Ethics.
PPA has written to Senator Leibell, who sponsored this Act, requesting an exemption for any public charity.
Mr. Bickford stated that the Town should consider dissolving the LDC but added that this would be a very time-consuming solution. He recommended that the PPA try to avoid the Act.
The Annual meeting of both corporations will be held next month.
Town Attorney Doyle stated that Mr. Bickford has brought to the Town’s attention an important change in the law. He also stated that if we are not using the LDC, we should consider dissolving it. Mr. Bickord reported that the duties of the town auditor do not include the PPA. An outside auditor would have to be hired.
Supervisor
Mazzuca stated that the process of dissolving the LDC is by resolution. Mr.
Bickford reported that next month the Board of Directors would recommend the
dissolution and then members would have to approve the dissolution. After tha, it is a matter of waiting until
the papers are filed and acted on by the Attorney General.
15. Resolution needed to retain Judy Mayle
to provide legal services to the Town relative to collective bargaining and
authorize Supervisor Mazzuca to sign said contract.
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 retains Judy Mayle from the law firm of Donoghue, Thomas, Auslander & Drohan, LLP, to provide legal services to the Town relative to collective bargaining negotiations for the CSEA Contract, and authorizes Supervisor Mazzuca to sign said contract.
16.Code Enforcement Monthly Report
Town Clerk
Merando read the Code Enforcement Monthly Report.
17.Schedule the following meetings:
·
Year End Meeting
The following Resolution was presented by Councilwoman Budney, seconded by Councilman Hosmer and unanimously carried;
RESOLVED, that the Town Board of the Town of Philipstown hereby schedules the Year End Meeting for December 27, 2006, @ 7:30 pm in the Town Hall, 238 Main Street, Cold Spring.
·
Re-organization Meeting
The following Resolution was presented by Councilman Shea, seconded by Councilman Brower and unanimously carried;
RESOLVED, that the Town Board of the Town of
Philipstown hereby schedules
the Re-organization Meeting for January 4, 2007, @ 7:00 pm in the Town Hall,
238 Main Street, Cold Spring.
Additional
scheduled meetings.
December 27, 2006 Workshop – Soil Processing Town Hall
January 4, 2007 Monthly Town Board
Meeting Town Hall
18. Any other
business that may come before the Town Board.
The Philipstown
Greenway Committee would like to complete the Greenway Trail through
Philipstown from Fair Street to Breakneck Lodge. He reported that there are
many safety concerns with this stretch of road. The Committee would like to
conduct a Feasibility Study of 9D and Mr. McKee is requesting that the Town
Board approve and endorse the Philipstown Greenway’s application for a grant.
The following Resolution was presented by Councilman Shea, seconded by Councilwoman Budney and unanimously carried;
WHEREAS, the Philipstown Greenway Committee/Town of
Philipstown is applying to the Hudson River Valley Greenway for a grant
under the 2006 Greenway Conservancy for the Hudson River Valley Annual Grant
Program for a project entitled Hudson Fjord Hike/ Bike Trail Capital
Improvements Feasibility Study, to be located in the Town of Philipstown
and the Town of Fishkill:
WHEREAS, the grant application requires the
applicant municipality to obtain the “approval/endorsement of the governing
body of the municipalities in which the project will be located”;
NOW, THERFORE, be it resolved that the governing board of
the Town of Philipstown hereby does approve and endorse the application for a
grant under the 2006 Greenway Conservancy for the Hudson River Valley Annual
Grant Program, for a project known as Hudson Fjord Hike/Bike Trial
Capital Improvements Feasibility Study, and located within this community.
The following Resolution was presented by Councilwoman Budney, seconded by Councilman Hosmer and unanimously carried;
RESOLVED, that the Town Board of the Town of
Philipstown hereby retains Richard Goldsand, compensated at a rate of $
125.00 per hour plus out of pocket expenses, in the matter of David Weinpahl
vs. Town Of Philipstown.
Supervisor Mazzuca and members of the Board met with Claudio Marzollo and Patty Pelican to discuss the purchase of wall pads and refrigerators for the Recreation Department. Refrigerators are required by the Health Department.
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 the purchase from Nickerson Corporation by
the Recreation Commission of wall pads for the gymnasium. Installation is also
included, at a cost of $16,318.00.
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 the purchase from Central Restaurant Products by the Recreation Department of a Solid Swing I Door Cooler and a Solid Swing III Door Refrigerator in the amount of $4,578.00.
Town Clerk
Merando stated that only one bid was received for the # 2 Fuel Oil – Bulk
Delivery for the Recreation Department. She requests resolutions to reject this
bid and re-bid.
RESOLUTION
#292-06
The following Resolution was presented by Councilman Hosmer, seconded by Councilwoman Budney and unanimously carried;
RESOLVED, that the Town Board of the Town of Philipstown
hereby rejects the bid received for the # 2 Fuel Oil – Bulk Delivery for the
Recreation Department.
RESOLUTION
#293-06
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 authorizes the Recreation Department to advertise for bidders for Bulk
Fuel Oil.
Russell Duschin
addressed the Town Board concerning the 30mph Town-Wide Speed Limit.
Councilman Hosmer
stated that a DOT engineer is surveying all town roads and making
recommendations. The list of Town Wide
Speed limits would be posted in the Putnam County News.
Councilman Shea
reported that he met with an architect regarding the connector for the Dahlia
House.
Supervisor Mazzuca
reported that the $250,000.00 and $337,000.00 grants from the governor’s office
should be approved. The $337,000.00
grant will be voted on at the December 18, 2006 Economic Development
Corporation Board Meeting. The $250,000.00 grant should be voted on in January
2007.
Councilman Brower
reported the Zoning Review Committee will have 2 meetings before Christmas.
CV Advisory
Committee (2)
CAC (2)
Zoning Board of Appeals
(2)
Councilman Shea
made a motion, seconded by Councilman Brower and unanimously carried that the
General Vouchers in the amount of
$116,229.81 are hereby approved as set forth in Abstract 12.
Councilman Hosmer made a motion, seconded by Councilwoman
Budney and unanimously carried that the Highway Vouchers in the amount of
$52,884.08 are hereby approved as set forth in Abstract 12.
Councilman Brower made a motion, seconded by Councilwoman
Budney and unanimously carried that the CV Park District Vouchers in the amount
of $5,640.45 are hereby approved as set forth in Abstract 12.
Councilman Brower
make a motion, seconded by Councilwoman Budney and unanimously carried that the
CV Water District Vouchers in the amount of $7,299.83 are hereby approved as
presented in Abstract 12.
There being no further business to discuss, Councilwoman
Budney made a motion, seconded by Councilman Shea to close the Town Board
Monthly Meeting at 9:09 p.m.
Respectfully submitted by,
Tina M. Merando
Town Clerk