The Philipstown Town Board held their Monthly Town Board Meeting on the above date, at the Town Hall, 238 Main Street, Cold Spring, New York at

8:00 p.m.

 

PRESENT:    William Mazzuca       Supervisor

                        Betty Budney             Councilwoman

                        Al Hosmer                  Councilman

                        Richard Shea            Councilman

                        David Brower            Councilman

                        Edward W. Doyle      Town Attorney

 

Supervisor Mazzuca opened the meeting with the salute to the flag.

 

REVIEW OF THE MINUTES

 

The Minutes of the Public Hearing for Garrison Golf Club Planned Development District of March 7 2005 were reviewed.

 

Councilwoman Budney made a motion, seconded by Councilman Shea and unanimously carried that the Public Hearing Minutes of March 7, 2005 are hereby approved as presented.

 

The Minutes of the Town Wide Cleanup Bid Opening of March 30, 2005 were reviewed.

 

Councilman Hosmer made a motion, seconded by Councilwoman Budney and unanimously carried that the Bid Opening Minutes of March 30, 2005 are hereby approved as presented.

 

The Minutes of the Weekly Town Board Meeting of March 30, 2005 were reviewed.

 

Councilman Shea made a motion, seconded by Councilman Brower and unanimously carried that the Weekly Town Board Minutes of March 30, 2005 are hereby approved as presented.

 

The Minutes of the Monthly Town Board Meeting of April 7, 2005 were reviewed.

 

Councilman Hosmer made a motion, seconded by Councilwoman Budney and unanimously carried that the Monthly Town Board Minutes of April 7, 2005 are hereby approved as presented.

 

The Minutes of the Special Town Board Meeting of April 22, 2005 were reviewed.

 

Councilman Shea made a motion, seconded by Councilman Brower and unanimously carried that the Minutes of the Special Town Board Meeting of

April 22, 2005 are hereby approved as presented.

 

The Minutes of the Special Town Board Meeting of April 29, 2005 were reviewed.

 

Councilman Shea made a motion, seconded by Councilwoman Budney and unanimously carried that the Minutes of the Special Town Board Meeting of April 29, 2005 are hereby approved as presented.

 

COMMITTEE REPORTS-

 

HIGHWAY- Councilman Hosmer stated that the Salt Shed has been complete and the electrical work is being complete now.

 

PLANNING- Councilman Brower reviewed the items addressed at the Planning Board Meeting of April 27, 2005.

 

RECREATION- Councilwoman Budney announced the upcoming events that are being offered through the Recreation Department.

 

ZONING- Councilman Brower addressed the items addressed at the Zoning Board of Appeals Meeting of April 18, 2005 and May 2, 2005.

 

CAC- Councilman Shea stated that he has received a letter from Matthew Mastratone about merging the CAC and Wetlands Committees.

 

RECYCLING- Councilwoman Budney reported on the Town Wide Cleanup that was held on April 23, 2005.

 

BUILDING AND LAND ACQUISITION-  Councilman Hosmer reported the landscaping must now be done at the Highway Department site, the Town has gone out to bid on this.

 

 

                              MONTHLY REPORT OF TOWN SUPERVISOR

                        MONIES RECEIVED AS OF MAY 5, 2005

 

                                    GENERAL & PART- TOWN FUNDS

 

Putnam County Tax Rebate             $ 1, 904.39

Putnam County Cemetery 2003/2004            2,785.00

NYS DFY 2004                                                  2,611.00

Town Clerk Fees 3/05                                         431.48

Recreation Fees 4/05                                    36,425.35

Putnam County Check VFW Rental                     50.00

Building Fees  4/05                                        14,706.00

Bank Interest                                          1,648.74

 

                                                HIGHWAY FUND    

 

Bank Interest                                      $              1,246.47

 

                                    CONTINENTAL VILLAGE WATER DISTRICT

 

 

Bank Interest                                      $              137.78

 

                                    CONTINENTAL VILLAGE WATER DISTRICT

 

Taxes Cortlandt                                 $         38,724.00

Clubhouse Fees                                                200.00

Bank Interest                                            353.70

 

AGENDA-

 

  1. Anne Nichter to address the Town Board with regard to the Fishkill Road Project.

 

Ann Nichter addressed the Town Board with regard to the proposed Fishkill Road Project that had been initiated by Putnam County.  Ms Nichter expressed her gratitude to Sandy Galef, Vincent Tamagna, Thomas Monroe and Robert Emerick for responding to concerns in connection with the safety of the building (Newberry’s) and secondly addressing the monies allocated to this project.

 

She went on to say that the building is a fire, health and safety hazard and a liability to the County.  The County, however, did respond by boarding up the building. 

 

Ms Nichter questioned where all the monies went that was earmarked specifically for this project.  She stated that Frank DelCampo, Deputy County Executive responded to Ms Nichter noting that the monies were used for guardrails, sidewalks, curbing, legal fees, condemnation and acquisition.  She is still questioning other fees not noted by Mr. DelCampo such as legal fees and the costs are for appraisals and surveyor’s fees. 

 

She noted that the $312,000  was only for the acquisition of the Methodist Meeting House and small acquisitions surrounding that building.  Mr. DelCampo assured Ms Nichter that he would further research this matter.  Ms Nichter then read a portion of a letter from Mr. DelCampo as follows: “during your conversation with Mr. Gary you indicated that once you received specifics as to the expenditures from state funds, you would be amenable to rescinding and would correct the information given to the press in your letter to the editor”.

 

She then read the minutes of the Putnam County Legislative Meeting quoting Mr. Harold Gary with regard to this project:  “Mr. Tamagna asked what’s going to happen with the project on Fishkill Road?  Mr. Gary responded saying that the project is almost complete. Mr. Gary went on to say that when we first started this project we had 1.2 million dollars.  This was back in 1994 when Governor Pataki was state Senator.  At that point and time we had run into money problems to get this project where it is today.  For example, the historical site as well as the land that had been promised to be given to us, and then we needed to purchase it”.  Ms Nichter’s question is if you used $312,000. to purchase it, where is the rest of the money?

 

Ms Nichter suggested that since this project directly affects Philipstown, the Town Board should inquire as to where the funds are.  Secondly, if the monies have been spent on other things, was it legal to do so?  She stated that if the money came down from the state specifically earmarked for a particular project, spending the funds elsewhere would require the recipient to go back to the source of funding and request a change of use.  Supervisor Mazzuca concurred with Ms Nichter, as the Town has had to go back to the funding source requesting a different use for the monies.

 

There was also a brief discussion with regard to monies owed from the County for land acquisition, easements, and etc., which has yet to be received.

 

Ms Nichter then turned her discussion to the building.  It is her opinion that the building be condemned; the building is rat and bat ridden.  She asked that the Town consider asking the county to condemn the building for the following reasons:  other than a health and safety hazard, it’s a detraction to our town, it lowers the value of all the property around the building.  Her fear is that the building will be burned down or vandalized again.  If the County doesn’t move forward with this, she will approach the Town of Philipstown’s Building Department to condemn it.

 

Supervisor Mazzuca thanked Ms Nichter for all her work on this matter, and will prepare a letter of request to the County.

 

  1. Elect Philicia Endelman as Director of the Philipstown Performing Arts Development Corporation for a term ending January 2008.

 

RESOLUTION # 138-05

The following Resolution was presented by Councilman Brower, seconded by Councilwoman Budney and unanimously carried,

 

RESOLVED, that the Town Board hereby elect Philicia Endelman as Director to the Philipstown Performing Arts Development Corporation for a term ending in January 2008.

 

  1. The following Resolutions are needed in the matter of a Local Law to

Amend Zoning Map-Pidala/Giachinta Property located on Route 301.

 

 

RESOLUTION # 139-05

The following Resolution was presented by Councilman Shea, seconded by Councilwoman Budney and unanimously carried,

 

RESOLVED, that the Town Board hereby refer the proposed Local Law to the Planning Board.

 

 RESOLUTION # 140-05

The following Resolution was presented by Councilwoman Budney, seconded by Councilman Shea and unanimously carried;

 

RESOLVED, that the Town Board hereby request Tim Miller, Town Planner to prepare an Environmental Assessment Form for the Local Law.

 

RESOLUTION # 141-05

The following resolution was presented by Councilman Brower, seconded by Councilwoman Budney and unanimously carried;

 

RESOLVED, that the Town Board hereby refer the Proposed Local Law and EAF to Putnam County Planning Department for their review and comment.

 

  1. The following Resolutions are needed in the matter of a Local Law to

Amend the Zoning Law, Chapter 175, Schedule A-Permitted Uses.

 

 

RESOLUTION # 142-05

The following Resolution was presented by Councilman Hosmer, seconded by Councilman Shea and unanimously carried;

 

RESOLVED, that the Town Board hereby refer the Proposed Local Law to the Planning Board.

 

RESOLUTION # 143-05

The following Resolution was presented by Councilman Shea, seconded by Councilwoman Budney and unanimously carried;

 

RESOLVED, that the Town Board hereby request Tim Miller, Town Planner to prepare an Environmental Assessment Form for the Local Law.

 

RESOLUTION # 144-05

The following Resolution was presented by Councilwoman Budney, seconded by Councilman Shea and unanimously carried;

 

RESOLVED, that the Town Board hereby refer the Proposed Local Law and EAF to Putnam County Planning Department for their review and comment.

 

  1. Authorize Supervisor Mazzuca to sign the contract with Larry Brigati for mowing services at the North Highlands and Mountain Avenue Cemeteries once per month in May, June, July and September.

 

RESOLUTION # 145-05

The following Resolution was presented by Councilman Shea, seconded by Councilwoman Budney and unanimously carried;

 

RESOLVED, that the Town Board hereby authorize Supervisor Mazzuca to sign the contract with Larry Brigati for mowing services at the North Highlands and Mountain Avenue Cemeteries once per month in May, June, July and September.

 

  1. Resolution needed to name a private road off of Route 301 belonging to Kerry & Allen Jordan and Dino DiLello “ White Rocks Lane” pursuant to Chapter 148 of the Town Code.

 

RESOLUTION # 146-05

The following Resolution was presented by Councilwoman Budney, seconded by Councilman Hosmer and unanimously carried;

 

RESOLVED, that the Town Board hereby authorize a private road off of Route 301 to be named “ White Rocks Lane” pursuant to Chapter 148 of the Town Code.

 

  1. Consider a proposal from Crystal Rock Bottled Water.

 

RESOLUTION # 147-05

The following Resolution was presented by Councilwoman Budney, seconded by Councilman Brower and unanimously carried;

 

RESOLVED, that the Town Board hereby accepts Crystal Rock Water Company bid proposal for Bottled Water for the Town.

 

  1. Councilwoman Budney to discuss a proposal for alternative pick up of recyclables at the landfill.

 

Councilwoman Budney stated that she met with Gary Giordano of Galaxy Recycling, and Matt Amato of the Highway Department to discuss alternative pick up of recyclables at the landfill.

 

·        Galaxy Recycling, Inc will charge $ 200.00 for each trip for trucking

·        Galaxy Recycling, Inc will provide you with a 30 yard Roll – Off Closed Top Container

·        Galaxy Recycling, Inc will not charge a rental fee for this container.

·        The container should hold between 8-12 tons of material.

·        Galaxy Recycling, Inc will accept newspaper, magazines, cardboard, junkmail and brown paper bags.

·        They prefer no plastic bags.

·        They can offer a 1, 2 or 3-year contract.

 

Councilwoman Budney stated that they also discussed getting a compactor for the landfill as in the long run you would be able to get more tonnage. She also reported that they would need a larger electrical service.

 

Councilman Shea stated that the Town Board is considering having the landfill open every Saturday. They have also discussed working with the Villages of Cold Spring and Nelsonville in order to get more tonnage. If the Town will be working with the Villages they will need to make some allowances. These would include a concrete pad, as the Container has to be ground level in order for the Village to dump because of the machine they have.

 

Councilman Hosmer stated that he has discussed with Roger Chirico, Highway Superintendent, about hiring a part time employee to work on the weekends.

 

Supervisor Mazzuca stated that they would be in contact with the liaisons from the Villages concerning their contractual obligations. Follow up at the Town Board Meeting in June.

 

  1. Councilwoman Budney to discuss cemetery maintenance plan.

 

Councilwoman Budney and Councilman Brower have met with Nazario Solis who has already cleaned up the Cedar Street Cemetery, and will be cleaning up the McKeels Corners Cemetery.

 

Cedar St. Cemetery             Clean                                                  $ 800.00

                                                Cut up brush

                                                Put branches by road

 

McKeels Corners

Cemetery Rt. 301                  3 Cuttings @ $ 140.00 each            $ 420.00

                                                (May, June, July)

                                                Clean up all fallen branches

                                                Cut down & cut up rotten trees

                                                5 men for 1 day @ $ 30.00 per man $ 1,200.0

 

Total $ 2,420.00

 

Councilwoman Budney stated that the Highway Department would pick up the branches and brush to dispose of. She reported that Putnam County would reimburse the Town up to $ 2,000.00 for Cemetery Maintenance.

 

Supervisor Mazzuca stated that as long as the Town puts a certain amount of money into the cemeteries, Putnam County would reimburse the Town.

 

  1. Putnam Humane Society’s Monthly Report.

 

Town Clerk Merando read the Putnam Humane Society’s Monthly Report.

 

  1. Code Enforcement Monthly Report.

 

Town Clerk Merando read the Code Enforcement Monthly Report.

 

  1. Appoint Town Clerk Merando Marriage Officer.

 

RESOLUTION # 148-05

The following Resolution was presented by Councilwoman Budney, seconded by Councilman Brower and unanimously carried;

 

RESOLVED, that the Town Board hereby appoint Town Clerk Merando Marriage Officer.

 

  1. Resolution honoring Roger Chirico “ Nunc Pro Tunc”.

 

RESOLUTION # 149-05

The following Resolution was presented by Councilman Hosmer, seconded by Councilman Brower and unanimously carried;

 

WHEREAS, Roger M. Chirico has been a resident of Philipstown for the past forty years and is a long-serving and valued member of our community; and

 

WHEREAS, Roger and Betty raised their three children, Roger Chirico, Michael Chirico and Karen Trimble in Philipstown always demonstrating to them, their continued good example; and

 

WHEREAS, Roger M. Chirico is the current Highway Superintendent who has consistently displayed a vast knowledge on a myriad of issues, exhibiting excellent leadership and selfless dedication; and

 

WHEREAS, Roger M. Chirico has inspired his fellow citizens through decades of valuable contributions and a commitment to public service in municipal government serving 10 years as a Trustee for the Village of Cold Spring and 4 years as it’s Mayor; and

 

WHEREAS, Roger M. Chirico is a ten year veteran of the U. S. Navy having proudly served during the Korean War; and

 

WHEREAS, Roger M. Chirico is a member of the Veterans of Foreign Wars, Cold Spring Fire Company #1, Cold Spring Boat Club and a 3rd Degree member of the Knights of Columbus.

 

NOW, THEREFORE, BE IT RESOLVED, that I, William Mazzuca on behalf of the Town Board of the Town of Philipstown do hereby express our sincere appreciation to Roger M. Chirico for his great contribution to Philipstown with his time, leadership and the energy he displays; and

 

BE IT FURTHER RESOLVED, that we the undersigned members of the Town Board and Town Officers of the Town of Philipstown by this Resolution do hereby pay tribute to Roger M. Chirico for his many years of service provided to our community and do hereby inscribe this Proclamation upon the minutes of the Town Records.

 

  1. Elect Nancy Montgomery to the Philipstown Recreation Commission.

 

RESOLUTION # 150-05

The following Resolution was presented by Councilman Shea, seconded by Councilwoman Budney and unanimously carried;

 

RESOLVED, that the Town Board hereby elect Nancy Montgomery to the Philipstown Recreation Commission.

 

  1. Consider adoption of Local Law to amend Land Development

Regulations Section 112-2.

 

Town Attorney Doyle stated that to proceed the Board should adopt a negative declaration on the Environmental Assessment Form.

 

1. Adopt Environmental Assessment Form

 

RESOLUTION # 151-05

The following Resolution was presented by Councilman Shea, seconded by Councilwoman Budney and unanimously carried;

 

WHEREAS, the Town Board of the Town of Philipstown has reviewed the EAF in regard to a proposed Local Law to amend the Code of the Town of Philipstown, Chapter 112 therefore entitled Land Development, to amend Section 112-2 entitled Initial requirements.

 

THEREFORE BE IT FURTHER RESOLVED, that the Town Board authorizes the Supervisor to sign the EAF and adopt a negative declaration.

 

            2. Adopt Local Law

 

                 RESOLUTION # 152-05

                 The following Resolution was presented by Councilman Brower,

                 seconded by Councilwoman Budney and unanimously carried;

 

                 A Local Law to amend the Code of the Town of Philipstown, Chapter

                 thereof entitled Land Development, to amend Section 112-2 entitled

                 initial requirements.

                       

Be it enacted that the Town Board of the Town of Philipstown as follows:

 

SECTION 1.  Chapter 112 of the Code of the Town of Philipstown is hereby amended by adding a subdivision E. thereto which shall read as follows:

 

            SECTION 112-2. Initial requirements.

 

                        The following requirements are applicable:

                       

                        [A. through D. – no change]

 

E. Any Subdivision which does not require approval from the Philipstown Planning Board shall nevertheless be shown on a Subdivision Plat signed and sealed by a Licensed Surveyor, who shall certify thereon that said Subdivision complies with all applicable Land Development, Zoning and other Laws and Regulations of the Town of Philipstown.  Such Subdivision Plat shall be filed with the offices of the Planning Board, Code Enforcement Officer and Board of Assessors prior to recording any Deed creating such Subdivision.

 

 

SECTION 2.  Effective Date.  This Local Law shall become effective immediately upon its filing with the Secretary of State.

 

16.  Schedule upcoming workshops/meetings

 

May 11, 2005            6:30 p.m.                    Town Clerk

May 11, 2005            7:00 p.m.                    Paul Lynch

May 11, 2005            7:30 p.m.                    Expressway Auto

May 26, 2005            7:00 p.m.                    Tax Reform@ Caps

 

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

 

Councilman Brower stated that the Zoning Board of Appeals would meet on May 16, 2005.

The Planning Board will meet on May 19, 2005.

           

Councilman Shea stated that he has been attending a course on Land Use Law at the Pace Law Center.

 

Supervisor Mazzuca stated that he has received a report from the Conway School of Landscape and Design. The report will be in the Supervisor’s Office for review.

 

Councilman Brower stated that they have received a letter from the Planning Board concerning Upland Drive and Ridge Road. The Planning Board is asking the Town Board to codify the road standards for these roads.

 

Councilman Shea stated that the wells have been drilled at the Garrison Water District. The site has been restored and they will conduct a 72-hour pump test. After the test has been complete the building will be installed within the next two months.

 

Councilman Shea stated that he has received a request from the Garrison Fire Department concerning the hydrants in Garrison Water District.  They would like permission to use hydrants, if needed. They have asked for a formal letter from the Town Board honoring their request.

 

AUDIENCE

 

Ande Merante addressed the Town Board concerning Cablevision. He stated that he has spoken to Roger Connor and was told that they could have all the equipment here by June.

 

Claudio Marzollo addressed the Town Board asking that when they negotiate with Cablevision is there any way that they could extend the lines to the community center as they have many projects they would like to do with the children. Supervisor Mazzuca stated that they would look into that. 

 

VACANCIES

Continental Village Advisory Committee (1)

 

APPROVAL OF VOUCHERS

Councilman Shea made a motion seconded by Councilman Brower and unanimously carried that the General Vouchers in the amount of $182,518.62 are hereby approved as set forth in Abstract 5.

 

Councilman Hosmer made a motion seconded by Councilwoman Budney and unanimously carried that the Highway Vouchers in the amount of $ 45,780.48 are hereby approved as set forth in Abstract 5.

 

Councilwoman Budney made a motion seconded by Councilman Shea and unanimously carried that the CVPD Vouchers in the amount of $ 1,339.63 are hereby approved as set forth in Abstract 5.

 

Councilman Brower made a motion seconded by Councilwoman Budney and unanimously carried that the CVWD Vouchers in the amount of $ 521.37 are hereby approved as set forth in Abstract 5.

 

 

 

 

 

 

 

There being no further business to discuss Councilman Brower made a motion, seconded by Councilwoman Budney to end the Monthly Town Board   meeting at 9:25 p.m.

 

 

 

Respectfully submitted by,

 

 

 

Tina M. Merando

Town Clerk