JUNE 9, 2005
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
Al Hosmer Councilman
Richard Shea Councilman
David Brower Councilman
Edward W. Doyle Town Attorney
ABSENT: Betty Budney Councilwoman
Supervisor Mazzuca opened the meeting with the salute to the flag.
The Minutes of the Philipstown Performing Arts Development Corporation of May 3, 2005, were reviewed.
Councilman Shea made a motion, seconded by Councilman Brower and unanimously carried that the Philipstown Performing Arts Development Corporation Minutes of May 3, 2005, are hereby approved as presented.
The Minutes of the Public Hearing – Land Development of May 5, 2005, were reviewed.
Councilman Hosmer made a motion, seconded by Councilman Shea and unanimously carried that the Public Hearing Minutes of May 5, 2005, are hereby approved as presented.
The Minutes of the Monthly Town Board Meeting of May 5, 2005, were reviewed.
Councilman Shea made a motion, seconded by Councilman Hosmer and unanimously carried that the Monthly Town Board Minutes of May 5, 2005, are hereby approved as presented.
The Minutes of the Public Hearing for Junk Yard License Application of May 11, 2005, were reviewed.
Councilman Hosmer made a motion, seconded by Councilman Shea and unanimously carried that the Public Hearing Minutes of May 11, 2005, are hereby approved as presented.
The Minutes of May 13, 2005, Bid Opening, were reviewed.
Councilman Hosmer made a motion, seconded by Councilman Brower and unanimously carried that the minutes of the Bid Opening of May 13, 2005, are hereby approved as presented.
HIGHWAY – Councilman Hosmer stated that the work on Indian Brook Road had been completed.
PLANNING – Councilman Brower reviewed the items addressed at the Planning Board Meeting of May 19, 2005.
ZONING – Councilman Brower addressed items reviewed at the Zoning Board of Appeals Meeting of June 6, 2005.
RECYCLING – No Report.
BUILDING AND LAND ACQUISITION – Councilman Hosmer announced that the construction of the salt shed has been completed.
MONIES
RECEIVED AS OF JUNE 9, 2005
Recreation Fees 4/05 $ 31,312.40
Verizon Refund 6.56
Town Clerk Fees 4/05 359.29
NYS Justice Fees 11,983.00
Cable TV Fees 10,881.00
Building Fees 5/05 22,911.00
Putnam County Mortgage Tax 392,689.83
Putnam County VFW Rental 25.00
Bank Interest $ 1,444.16
Bank Interest $ 134.17
Clubhouse Fees $ 400.00
Bank Interest 348.52
Senator Vincent Liebell, III, presented a State Resolution honoring Matthew A. Kavaler for his services to the community through the Garrison Volunteer Ambulance Youth Corps and as Assistant Scout Master.
Supervisor Mazzuca then presented Matthew A. Kavaler with an Honorary Resolution.
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 by this Resolution does hereby pay tribute to Matthew A. Kavaler for his outstanding performance as Captain of the Garrison Volunteer Ambulance Youth Corps and Assistant Scoutmaster.
WHEREAS, Matthew A. Kavaler, as Captain of the Garrison Volunteer Ambulance Youth Corps, has always demonstrated a willingness to help new or younger members in the Youth Corps and is always willing to learn and pass his knowledge to others.
WHEREAS, Matthew A. Kavaler, as Assistant Scoutmaster, has consistently demonstrated leadership abilities and has been an excellent role model for the boy scouts in his troop.
WHEREAS, it is the intent of the Philipstown Town Board to fully recognize Matthew A. Kavaler for his achievements;
NOW, THEREFORE, BE IT RESOLVED, that I, William Mazzuca, Supervisor of the Town of Philipstown, do hereby extend to Matthew A. Kavaler, on behalf of the Town Board the Town Residents, congratulations; and
BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to Matthew A. Kavaler and made an official part of the minutes of this Town Board Meeting.
2. Vincent Terio addressed the Town Board with regard to a building permit denial.
Mr. Terio read a statement addressing the denial of the Building Inspector for a permit for the construction of a one-bedroom house on Route 301, pointing out that this matter has been on-going since 2001. Mr. Terio felt that the Town should not deny a building permit based on non-compliance with a County Health Department ordinance – that no Town ordinance had been violated.
3. Authorization for the Town of Cortlandt to enter into professional services with French & Parrello Associates for engineering design services for Cortlandt Lake.
Resolution #154-05
The following Resolution was
presented by Councilman Brower, seconded by Councilman Shea and unanimously
carried.
WHEREAS, one proposal was received in response to a Request
for Proposal entitled “Engineering Services for Cortlandt Lake Dam”; and
WHEREAS, the Cortlandt Lake Dam is owned by the Towns of Cortlandt, Philipstown, and Putnam Valley as Tenants in Common, and is administered by the three Town’s pursuant to an Agreement of Municipal Cooperation, and the funds to pay for said operations are based upon the respective assessed values of the Three Towns within the three park districts; and
WHEREAS, the Town of Cortlandt Director of Technical Services had reviewed the proposal submitted and had recommended awarding a professional services agreement to Schnabel Engineering North, LLC; and
WHEREAS, two key individuals had recently left said firm and are now under the employ of French & Parrello Associates, P.A.; and
WHEREAS, the Town of Cortlandt has adopted Resolution No. 160-05 wherein it is stated that said Schnabel Engineering North, LLC by letter dated April 11, 2005 is willing to relinquish it’s role as design firm, and that the firm of French & Parrello Associates, P.A. is willing to assume all the obligations of the Agreement which was to be awarded to the Schnabel Engineering North Firm; and further that said Director of Technical Services find that the firm of French & Parrello Associated, P.A. has acceptable qualifications;
NOW, THEREFORE, BE IT FURTHER RESOLVED that the foregoing proposal is acceptable to the Town of Philipstown, and said Town does hereby adopt a RESOLUTION accepting it’s proportionate share of the cost of the design work (approximately 70%), and the Town of Cortlandt Director of Technical Services is hereby authorized to enter into a professional services agreement with French & Parrello Associated, P.A., of 670 North Beers Street, Building 3, Holmdel, New Jersey 07733, for design services to rehabilitate the Cortlandt Lake Dam, subject to the following:
A) Philipstown’s share of the amounts payable pursuant to said contract shall not exceed it’s share (approximately 70%) of $68,000.00; and
B) The French and Parrello firm shall submit monthly billing statements to the Supervisors of all three Towns; and
C) Subject to receiving written approval from DEC prior to French & Parrello performing any services, that if the work is done pursuant to the Schnabel proposal for Engineering Services for Cortlandt Lake Dam dated October 14, 2004, that the Dam would then be deemed safe and acceptable.
(1) Elimination of the Wetlands Advisory Committee
(2) Expanding authority of the Conservation Advisory Council
(3) Scheduling of a Public Hearing for proposed Local Law amending
Chapter 93
The following was presented by Councilman Shea, seconded by Councilman Hosmer and unanimously carried;
RESOLVED, that a Public Hearing on the elimination of the Wetlands Advisory Committee and Conservation Advisory Council is hereby scheduled for July 14th at 7:30 P.M., at the Town Hall, 238 Main Street, Cold Spring, New York, to hear public comments for/against the elimination of the WAC.
The following was presented by Councilman Hosmer, seconded by Councilman Brower and unanimously carried;
RESOLVED, that the Town Board hereby scheduled a Public Hearing on July 14, 2005, at 7:00 P.M. at the Town Hall, 238 Main Street, Cold Spring, New York, to hear public comments for/against the proposed request for Alternate Road Standards at Torchia Road.
6. Town Board to consider recommendations from the Planning Board who is requesting that road standards for private roads, Upland Drive and Ridge Road, to be added to the Town Code.
The topic of road standards for Upland Drive and Ridge Road was reviewed by the Board. The Town had been considering allowing construction on a 10% grade. Councilman Shea stated that the Planning Board has requested the standard be raised to 14%. Town Attorney Doyle advised the Board that Town Planner Miller felt that the 10% standard would not be possible on certain properties on Upland Drive and Ridge Road. Town Attorney Doyle will discuss this matter further with Thomas Monroe and Tim Miller.
7. Resolution authorizing S. Smith Contracting to repair damaged siding and wall cap covers on the front of the VFW including removing debris from the roof and gutters.
The following Resolution was presented by Councilman Hosmer, seconded by Councilman Shea and unanimously carried,
RESOLVED, that the Town Board hereby approves the hiring of S. Smith Contracting to complete repairs to the siding and wall cap covers on the front of the VFW building, including removal of debris from roof and gutters in the amount not to exceed $2,350.00.
8. Refer Local Law to amend Zoning Map and EAF in the matter of Pidala/Giachinta to the Putnam County Division of Planning for their review.
Subject parcel is presently being considered for subdivision. An amendment to the zoning would rezone the parcel from R-40 Industrial to R-80 Residential.
The following Resolution was presented by Councilman Brower, seconded by Councilman Shea and unanimously carried.
RESOLVED, that the Town Board hereby authorizes the Town Clerk to refer the recommended zoning change to the Putnam County Division of Planning for review and comment.
Town
Attorney Doyle stated that permission should fall short of granting said request
for indemnification – that there is already a public law indemnifying fire
companies. Town Attorney Doyle agreed
to contact the attorney for the Garrison Fire Department advising him that the
Town would be willing to grant permission but not indemnify.
RESOLUTION #159-05
The following Resolution was presented by Councilman Hosmer, seconded by Councilman Shea and unanimously carried;
RESOLVED, that the Town Board hereby accepts Tanya Chirico’s resignation as Deputy Town Clerk effective June 30, 2005, and directed the Town Clerk to forward a letter of appreciation.
Town Clerk Merando hereby appoints Rosemary Bernasconi as Deputy Town Clerk, Deputy Registrar and Deputy Tax Collector effective immediately.
12. Town Clerk Merando to appointment Joan Clauss as
Part-time Deputy Town Clerk, Sub-Registrar and Deputy Tax Collector effective
June 30, 2005.
Town Clerk Merando hereby appoints Joan Clauss as Part-time Deputy Town Clerk, Sub-Registrar and Deputy Tax Collector effective June 30, 2005.
13. Accept resignation of Donald J. McGrath as Marriage
Officer for the Town of Philipstown.
RESOLUTION
#160-05
The following Resolution was presented by Councilman Brower, seconded by Councilman Hosmer, and unanimously accepted:
RESOLVED, that the Town Board hereby accepts Donald J. McGrath’s resignation as Marriage Officer for the Town of Philipstown.
14. Resolution needed authorizing the Town of Philipstown to file an application for funds from New York State Office of Parks, Recreation and Historic Preservation for the restoration of the exterior of the Town Hall.
RESOLUTION #161-05
The following Resolution was presented by Councilman Shea, seconded by Councilman Brower, and unanimously accepted;
RESOLVED, that Tina M. Merando, as Town Clerk of the Town of Philipstown, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $350,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Philipstown for exterior restoration of the Philipstown Town Hall and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property.
15. Authorize the Town Clerk to advertise for bidders for the painting of the Highway garage and Office Trailer.
RESOLUTION #162.05
The following Resolution was presented by Councilman Hosmer, seconded by Councilman Shea, and unanimously accepted;
RESOLVED, that the Town Board hereby authorizes the Town Clerk to advertise for bidders for painting the Highway Garage and Office Trailer.
16. Code Enforcement Monthly Report
Town Clerk Merando read the Code Enforcement Monthly Report.
17. Authorize Supervisor Mazzuca to sign the
authorization to settle litigation in matter of Cashin Associates vs.
Continental Village Park District.
RESOLUTION
#163.05
The following Resolution was presented by Councilman Brower, seconded by Councilman Shea, and unanimously accepted;
WHEREAS, Cashin Associates has sued the Continental Village Park Districts of Cortlandt, Philipstown and Putnam Valley, and their respective Supervisors, for professional fees for services rendered in the amount of $28,869.00; and
WHEREAS, Cashin Associates has agreed to accept $19,500.00 to settle said litigation; and
WHEREAS, the undersigned have agreed to accept said offer of settlement;
NOW, THEREFORE, the undersigned do hereby agree on behalf of the Continental Village Park District for his or her respective Town to settle the aforesaid litigation for the sum of $19,500.00, and
DO FURTHER AGREE that Edward W. Doyle, Esq., Thomas Wood, Esq. and Edward Vergano, P.E. should take all steps necessary to resolve and settle said litigation for said amount.
18. Parade Permit request from Philipstown Lacrosse
Association.
RESOLUTION #164.05
The following Resolution was presented by Councilman Hosmer, seconded by Councilman Shea, and unanimously accepted;
RESOLVED, that the Town Board authorizes the issuance of a Parade Permit for the Philipstown Lacrosse Association for Youth to be held on June 11, 2005, waiving of any fees.
BE IT FURTHER RESOLVED, that the Town Board waives the fee associated with parade permit.
19. The following
resolutions are needed for a proposed Local Law amending Section 112-1 to
change the definition of Subdivision.
A)
Refer
to the Planning Board for their review and comment
B)
Request
Tim Miller Associates to prepare an Environmental Assessment Form
RESOLUTION #165.05
The following Resolution was presented by Councilman Brower, seconded by Councilman Shea and unanimously carried.
RESOLVED, that the Town Board hereby refer the proposed Local Law, Section 112-1 to change the definition of Subdivision to the Planning Board for their review and comment.
BE IT FURTHER RESOLVED, that the Town Board request Tim Miller to prepare an EAF.
20. Schedule a Public Hearing to amend the Code of the
Town of Philipstown, Chapter 175 thereof entitled Zoning, to change Schedule A
– Permitted Uses.
Town Attorney Doyle stated that the Putnam County Planning Board felt it was appropriate to schedule a Public Hearing. Therefore, a Public Hearing was scheduled for July 20th at 7:30 PM, at the Town Hall, 238 Main Street, Cold Spring, New York.
RESOLUTION #166.05
The following Resolution was presented by Councilman Shea, seconded by Councilman Brower and unanimously carried.
RESOLVED, that the Town Board hereby schedules a Public Hearing for July 20th at 7:30 P.M. at the Town Hall, 238 Main Street, Cold Spring, New York, for the purpose of hearing comments for/against a Proposed Local Law amending the code of the Town of Philipstown, Chapter 175, thereof entitled “Zoning,” to change Schedule A – Permitted Uses.
21. Designation of Route 9D from Castle Point to
Bear
Mountain
Bridge as POW/MIA Memorial Highway.
RESOLUTION #167.05
The following Resolution was presented by Councilman Hosmer, seconded by Councilman Shea and unanimously carried.
WHEREAS, that the Town Board of the Town of Philipstown hereby recognizes the enormous sacrifices that “our soldiers” make for our nation; and
WHEREAS, in an effort to memorialize our veterans and our soldiers, who have been taken prisoner or are missing in action, the Town Board hereby supports naming Route 9D from Castle Point to the Bear Mountain Bridge the “Hudson Valley POW/MIA Memorial Highway.”
22. A Resolution honoring Putnam Valley’s retiring Town
Supervisor,
Carmelo J.
Santos.
RESOLUTION #168.05
The following Resolution was presented by Councilman Hosmer, seconded by Councilman Shea and unanimously carried;
WHEREAS, Carmelo J. Santos, is retiring from his position of Supervisor for the Town of Putnam Valley, having served for eight years; and
WHEREAS, Carmelo distinguished himself in this position by adherence to the ideals of dedication, responsibility and integrity and has enriched his Community by his years of service; and
WHEREAS, Carmelo also served his Community by being President of the Putnam Valley Volunteer Fire Department, a past board member and Vice President of the Putnam Valley Central School District, and board member of the Putnam County Youth Group; and
WHEREAS, Carmelo is also a member of the N.Y. Guard, holding the rank of Captain, past president of the Putnam Valley Rotary Club and a member of the American Red Cross Disaster Assistance Team; and
WHEREAS, the Town Board of the Town of Philipstown hereby extends their best wishes to Carmelo Santos for a retirement filled with family, friends, health and happiness.
NOW, THEREFORE, BE IT RESOLVED, that we, the undersigned members of the Town Board and Town Officers of the Town of Philipstown do hereby inscribe upon the minutes of the Town Records our sincere best wishes to Carmelo upon his retirement.
23. Schedule upcoming workshops/meetings
July 13th Soil Mining & Extraction - Workshop
July 20th Self-Storage - Public Hearing
24. Any other business that may come before the
Town Board.
Councilman Shea informed the Board that a meeting was held the previous evening on Storm Water Management Requirements and the effects on the Town. He further informed the Board that all municipalities would be required to be in compliance with the new mandates by 2008 and that the first phase of the program would be education. Ande Merante, Nelsonville Village Trustee, stated that Nelsonville was already experiencing problems with two streams, which appear to have been affected by runoff from Route 301. Trustee Merante further stated that the Village of Nelsonville would be interested in cooperating with the Town and requested that he be kept informed.
Supervisor Mazzuca informed the Board and audience on the status of the re-routing of truck traffic on Route 9D. He stated that there was some concerns as residents have noticed covered signs on Route 9D and are under the impression that this will be a detour route when Route 202 closes. He reported that the covered signs were kept in the area in case of another recurrence of a rock slide and in anticipation of seasonal brush cutting. At that time, Route 202 would be closed temporarily and traffic re-routed along Route 9D for two days only.
Bob Koch, resident of Continental Village, advised the Board that a report on the Catskill Aqueduct, prepared by Robert Hutchinson, had been submitted to the Town Planning Board in connection with the proposed Santucci development. The report cautions that a portion of the aqueduct passes just under six feet under Canopus Hollow Road where blasting for the project would occur. Disturbance to the aging nuts and bolts could cause a catastrophic disaster of the city of New York water supply and/or could cause sink holes. Mr. Koch suggested that the County consider purchasing the property using some of the proposed $20 million Open Space fund. Mr. Koch further made a complaint regarding the 10-ton limit posted on the road, which was routinely ignored.
APPROVAL OF
VOUCHERS
Councilman Shea made a motion, seconded by Councilman Brower and unanimously carried that the General Vouchers in the amount of $331,383.31 are hereby approved as set forth in Abstracts 5A and 6.
Councilman Hosmer made a motion, seconded by Councilman Shea and unanimously carried that the Highway Vouchers in the amount of $35,663.54 are hereby approved as set forth in Abstract 6.
Councilman Shea made a motion, seconded by Councilman Brower and unanimously carried that the Continental Village Park District Vouchers in the amount of $2,964.83 are hereby approved as set forth in Abstract 6.
Councilman Hosmer made a motion, seconded by Councilman Shea and unanimously carried that the Continental Village Water District Vouchers in the amount of $114,194.07 are hereby approved as set forth in Abstracts 5A and 6.
There being no further business to discuss, Councilman Shea made a motion, seconded by Councilman Brower, to close the Monthly Town Board meeting at
9:35 p.m.
Respectfully submitted by,
Tina M. Merando
Town Clerk