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.

 

COMMITTEE REPORTS

 

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.

 

RECREATIONCouncilwoman Budney reviewed the events offered through the Recreation Department.

 

CAC – Councilman Shea reported that the CAC would meet December 12, 2006.

 

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

MONTHLY REPORT OF TOWN SUPERVISOR

 

MONIES RECEIVED AS OF DECEMBER 7, 2006

 

 

GENERAL & PART-TOWN FUNDS 

 

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

 

HIGHWAY FUND

 

Sheriff Gas                                                                               6,925.18

Gen Fund Ck. Gas                                                                      236.23

Bank Int.                                                                                      877.71

 

CONTINTENTAL VILLAGE WATER DISTRICT

  

Bank Int.                                                                                        35.11

 

CONTINENTAL VILLAGE PARK DISTRICT

 

Clubhouse Fees                                                                           100.00

Bank Int.                                                                                       405.30

 

AGENDA

 

1.   Resolution authorizing Supervisor Mazzuca to sign the contract with Robert Ferris to serve as Dog Control Officer for the Town of Philipstown.

 

RESOLUTION #270-06

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 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.

 

RESOLUTION #274-06

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 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.

 

RESOLUTION #277-06

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.

 

RESOLUTION #278-06

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 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)

 

RESOLUTION #279-06

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 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)

 

RESOLUTION #280-06

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 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.   

 

RESOLUTION #281-06

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 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.

 

RESOLUTION #282-06

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.

    

RESOLUTION #283-06

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.

 

RESOLUTION #284-06

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 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

 

RESOLUTION #285-06

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

RESOLUTION #286-06

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

 

Robert Bickford asked Supervisor Mazzuca if he should give out a Notice of Meeting to include the dissolution of the LDC.  Also, Mr. Bickford requested that Supervisor Mazzuca write a letter to Senator Liebell requesting that he sponsor an amendment to the Public Authority Accountability Act of 2005 to exempt local tax-exempt public charities reregistered with the State Attorney General. Supervisor Mazzuca agreed with both requests.

 

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

 

Michael McKee addressed the Town Board concerning the Greenway Conservancy Grant.

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.

 

RESOLUTION #287-06

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.

 

Town Clerk Merando stated that the Town of Philipstown was served with Article 78. We need to retain Counsel in this matter.

 

RESOLUTION #288-06

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.

 

 

RESOLUTION #289-06

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 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.

 

RESOLUTION #290-06

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 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.

 

AUDIENCE

 

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.

 

VACANCIES

 

CV Advisory Committee   (2)

CAC                                    (2)

Zoning Board of Appeals  (2)

 

  APPROVAL OF VOUCHERS

 

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