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