The Philipstown Town Board
held their Monthly 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 of March 29, 2005 – Self-Storage Facilities were reviewed.
The Minutes of the Monthly
Town Board Meeting of June 9, 2005 were reviewed.
Councilman Brower made a
motion, seconded by Councilman Shea and unanimously carried that the Minutes of
June 9, 2005 are hereby approved as presented.
The Minutes of the Special
Meeting of June 22, 2005- Awarding bid for Landscaping at Highway Department
were reviewed.
The Minutes of the Bid
Opening of June 24, 2005, for the Painting at the Highway Department were
reviewed.
The Minutes of the Special
Meeting of July 7, 2005 ,for Signage along Canopus Hill Road were
reviewed.
HIGHWAY- Councilman Hosmer reported that the DOT was looking
at certain dirt roads where the speed limit should be 25 mph, further review
will be conducted with regard to this matter. Roger Chirico stated that Highway
has been dealing with grading and drainage problems. There have also been many problems associated with dead trees
along town roads. Superintendent Chirico asked if the cost for clean-up is the
responsibility of the homeowner. He
stated that the Highway Department cannot spend as many man-hours as it has
removing dead trees.
He then reported that he and Councilman Hosmer attended the Board
Meeting in Carmel with re: to the expanding wetlands. Maps will be available in
about a month to all residents. Mr. Chirico reported that he met with
Wellington Carvalho, consultant with Stormwater Management, and noted that he
suggested that the Steering and Citizen Committees meet as soon as possible.
Mr. Chirico also stated shrubs and brush on back roads create
hazardous driving conditions, noting that he hasn’t the manpower to clear these
roads and noted that the homeowners should be responsible for trimming along
their frontage. Mr. Chirico stated that the posted speed limit is 30 mph on
Winston Lane, however police cannot write tickets on recommended speeds.
Councilman Hosmer then commended the Highway Department for saving the Town
monies by rebuilding an engine for one on the trucks, noting that it would have
cost $18,000.00, if purchased new. In
house cost was $1,285.00.
PLANNING- Councilman Brower reviewed the items addressed at
the Planning Board Meeting of June 16,2005.
ZONING- Councilman Brower reviewed the items addressed at
the Zoning Board of Appeals Meetings of June 20,2005 and July 11,2005.
RECREATION- Councilwoman Budney reviewed the events offered
through the Recreation Department.
CAC- No report.
RECYCLING- Councilwoman Budney stated that this would be
addressed tonight as item #10.
BUILDING & LAND
ACQUISITION- No report.
Cable T.V. Fees 7,302.00
P.C. Ck Refund 7.00
Quill Credit 3.99
P.C. VFW Rental 25.00
Snyder & Snyder Cell
Tower Exp. 2,497.66
Building Ins. Fees 6/05
16,946.00
Rec Fees 5/05 30,329.75
Rec Fees 6/05 70,615.27
Bank Interest
608.46
Taxes Putnam Valley 11,744.02
Bank Interest 420.75
1.
Resolution
recognizing the Philipstown Volunteer Ambulance Corps 40th Anniversary.
Resolution # 169-05
The following resolution was
presented by Councilman Brower, seconded by Councilman Hosmer and unanimously
carried.
WHEREAS, forty years ago, seeing a need for emergency
medical protection in the Philipstown area, a group of residents formed the
Philipstown Volunteer Ambulance Corps; and
WHEREAS, throughout the years, the Philipstown Volunteer
Ambulance Corps has grown its membership to approximately 40 active members;
and
WHEREAS, the Philipstown Volunteer Ambulance Corps has
served the communities medical needs, responding to 360 calls annually; and
WHEREAS, the residents of Philipstown benefit daily from the
knowledge and skills of these highly trained individuals who never hesitate to
save the life of another; and
WHEREAS, the services provided to the residents of
Philipstown have grown in importance due to the closing of Butterfield Memorial
Hospital in 1993; and
WHEREAS, the Philipstown Volunteer Ambulance Corps has been
a leader in emergency services in Putnam County, being the first to be New York
State Certified, Defibrillator Certified, and certified to administer
respiratory and allergy medications, insuring the fastest, most efficient
service to the community;
NOW, THEREFORE, BE IT RESOLVED, that the
Town Board of the Town of Philipstown expresses their sincere thanks to the
Philipstown Volunteer Ambulance Corps for the service they provide; and
BE IT FURTHER RESOLVED, that the Philipstown
community hereby pays tribute to the Philipstown Volunteer Ambulance Corps on
their 40th Anniversary, recognizing their training, dedication and
invaluable service they have provided to Philipstown.
2.
Proclamation honoring Mary Ellen Jones.
Supervisor Mazzuca read the resolution honoring Mary
Ellen Jones.
Resolution # 170-05
The following resolution was
presented by Councilman Shea, seconded by Councilman Brower and unanimously
carried.
WHEREAS, Maryellen C. Jones served the Town of Philipstown
with dedication and a commitment nurturing the young residents of Philipstown,
initiating all pre-school programs and introduced the now very popular Lacrosse
programs offered by the Recreation Department; and
WHEREAS, Maryellen C. Jones continued her unselfish
commitment and enthusiasm serving as Director of the Recreation Department for
twenty years; and
WHEREAS, Maryellen C. Jones, through her skills and
abilities, personified leadership, compassion, and guidance to all individuals
participating in the Recreation Department Programs; and
WHEREAS, Maryellen C. Jones was held in high regard by not
only the residents of Philipstown, but the members of the Town Board, as well
as her co-workers;
NOW, THEREFORE BE IT
RESOLVED, that we, the Town Board of
the Town of Philipstown and Officers of the Town, do hereby inscribe upon the
minutes of our official acts, our heartfelt sorrow upon the passing of
Maryellen Jones, and when we adjourn this date, we do so out of respect to her
memory and that we further extend to her sons our deepest sympathy and
condolences in their time of bereavement.
3.
Town Board to
consider adopting a Local Law amending the Code of the Town of Philipstown,
Chapter 93 entitled “Freshwater Wetlands and Watercourses”.
Town Attorney Doyle noted
that a Public Hearing on this proposed Local Law was held earlier this evening;
and if the Town Board so desired, they could adopt the Local Law. He further
explained that the Environmental Assessment Form indicates that there is no
significant impact.
a. Adopt Short Environmental Assessment Form re:
amending; Chapter 93
The following Resolution was
presented by Councilman Hosmer, seconded by Councilwoman Budney;
WHEREAS, the Town Board of the Town of Philipstown has reviewed the Short Environmental Assessment Form with regard to a Local Law amending the Code
of the Town of Philipstown,
Chapter 93 entitled “Freshwater Wetlands and Watercourses”.
THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor to sign the Short Environmental Assessment Form and adopt a negative declaration. (Exhibit A)
Supervisor Mazzuca AYE
Councilwoman Budney AYE
Councilman Hosmer AYE
Councilman Shea AYE
Councilman Brower AYE
b. Resolution to adopt Local Law, Chapter 93
The following Resolution was
presented by Councilwoman Budney, seconded by Councilman Shea;
A LOCAL LAW TO AMEND THE
CODE OF THE TOWN OF PHILIPSTOWN, CHAPTER 93 THEREOF ENTITLED “FRESHWATER
WETLANDS AND WATERCOURSES” TO CHANGE SECTIONS 93-4, 93-8, 93-9, 93-10, 93-11,
93-14 AND 93-16.
A Local Law to amend the
Code of the Town of Philipstown, Chapter 93 thereof entitled “Freshwater
Wetlands and Watercourses” to change Section 93-4, 93-8, 93-9, 93-10, 93-11,
93-14 and 93-16 referral.
Be it enacted by the Town
Board of the Town of Philipstown as follows:
SECTION 1 Intent. The Town Board has determined that the
Freshwater Wetlands and Watercourses Law of the Town would be more efficiently
coordinated and overseen by the Conservation Advisory Council, rather than a
separate Wetlands Advisory Committee.
Therefore, it is the intent of this Local Law to eliminate the Wetlands
Advisory Committee, and replace same for all purposes in this Chapter with the
Conservation Advisory Council.
SECTION 2 Section
93-4 Definitions of the Code of the Town of Philipstown is hereby amended as
follows:
A. The definition of “COMMITTEE” – The Wetlands Advisory
Committee appointed by the Town Board pursuant to this chapter is hereby
deleted.
B. The definition of “COUNCIL” is hereby inserted after
“CONTROLLED WETLAND” and before “DREDGING”.
“COUNCIL
– The Conservation Advisory Council of the Town of Philipstown”.
SECTION 3 Section
93-8 Criteria for Approval is hereby amended by replacing the word “COMMITTEE”
in subdivision B with the word “COUNCIL”, so that said section shall now read
as follows:
A. [No change]
B. In evaluating the criteria and the determination
required in § 93-8A above, the Council and the permitting authority shall
utilize the objective methodology for determining the functions of a wetlands
set out in the publication entitled “A Rapid Procedure for Assessing Wetland
Functional Capacity,” dated May 1998, by Magee and Hollands, a copy of which is
on filed in the office of the Town Clerk of the Tow of Philipstown.
SECTION 4 Section 93-9 Permit Procedure is hereby
amended by replacing the Wetlands Advisory Committee with the Conservation
Advisory Council, so that said section shall now read as follows:
A. No person shall undertake, permit, conduct or cause
to be undertaken, permitted or conducted a regulated activity in a controlled
area without applying for and obtaining a permit therefore as provided in this
chapter.
1. Any person may confer with the Conservation Advisory
Council for advice as to whether or not an activity proposed to be undertaken,
permitted or conducted is a regulated activity in a controlled area. The
permitting authority may refer any application for any other permit or approval
to the Council for advice as to whether or not such application involves a
regulated activity in a controlled area.
[B.
through E. – No change]
F. Upon receipt of a complete applications, the permitting authority
shall refer any application submitted to it pursuant to this chapter to the
Conservation Advisory Council for review and report. The Council shall report back to the permitting authority within
21 days of the date of referral.
Supervisor Mazzuca AYE
Councilwoman Budney AYE
Councilman Hosmer AYE
Councilman Shea AYE
Councilman Brower AYE
c. Adopt Short
EAF Form re: amending Chapter 10, CAC
The following Resolution was
presented by Councilman Hosmer, seconded by Councilwoman Budney;
WHEREAS, the Town Board of the Town of Philipstown has
reviewed the Short Environmental Assessment Form with regard Chapter 10,
Section 10-4
– Powers and Duties –
Establishing & Providing Conservation Advisory Council.
THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor to
sign the Short Environmental Assessment Form and adopt a negative declaration.
(Exhibit B)
d.
Resolution amending the
power and duties of the Conservation Advisory Council; Town Code, Chapter 10
The
following Resolution was presented by Councilwoman Budney, seconded by
Councilman Shea;
WHEREAS, the Town Board has determined that Town Code
Chapter 93, Freshwater Wetlands and Watercourses, would be more efficiently
administered and overseen by the Conservation Advisory Council, rather than a
separate Wetlands Advisory Committee, and
WHEREAS, the Town Board has therefore determined to
eliminate the Wetlands Advisory Committee and transfer its powers and duties to
the Conservation Advisory Council; and
WHEREAS, Chapter 10 of the Town Code establishing and
providing for the Conservation Advisory Council should therefore also set forth
these additional powers and duties;
RESOLVED, that Section 10-4 Powers and Duties of Town Code is
hereby amended to read as follows:
Section
10-4 Powers and Duties.
A. The powers and duties of the Council shall
be to:
1.
Conduct researches into
the land area of the Town of
Philipstown
2.
Seek to coordinate the
activities of unofficial bodies organized for similar purposes and to cooperate
with other official municipal bodies active in the area of community planning
for the particular municipality.
3.
Prepare and keep an
inventory and map, as defined in § 239-y of the General Municipal Law, of all
open areas within the town with the plan of obtaining information pertinent to
proper use of such open lands, including lands owned by the state, any other
municipality within the state or by the town itself.
4.
Keep an inventory and
map of all open marshlands, swamps and all other wetlands in a like manner, and
may recommend to the Town Board a program for ecologically suitable use of all
such areas.
5.
Review and report to
any other Boards or committees on such applications or matters as they may
refer to it.
6.
Have the duties, powers
and authority conferred on it by Chapter 93 Freshwater Wetlands and
Watercourses, of the Town Code.
7.
Hold regular meetings
no less frequently than once per month and hold such additional meetings as
shall be necessary for the timely processing of applications.
8.
In addition to the
foregoing, carry out any other duties, tasks or responsibilities, consistent
with the objectives of this chapter.
B.
The Council may:
1.
Prepare, print and distribute books, maps, charts,
plans and pamphlets.
2.
Request the Department
of Environmental Conservation to render such assistance and advice as the
Council deems necessary and as may be permitted by law.
Supervisor
Mazzuca AYE
Councilwoman
Budney AYE
Councilman
Hosmer AYE
Councilman
Shea AYE
Councilman
Brower AYE
Resolution passed by majority vote.
4.
4. The following Resolutions are needed with regard to Alternate
Road standards for Torchia Road:
a.
a. Negative Declaration
b.
b. Approval of
Alternate Road Statements
The following Resolution was
presented by Councilwoman Budney, seconded by Councilman Shea and unanimously
carried;
RESOLVED, that the Town Board hereby sets fees associated the
Alternate Road Standards as follows:
Application Fee $ 500.00
Escrow $2,500.00
to cover any costs that the Town may incur.
RESOLVED,
that the above fee schedule is effective immediately.
BE IT FURTHER RESOLVED, that upon completion and approval of any said road,
the Town of Philipstown will return any remaining escrow funds to the applicant
ROLL CALL VOTE
Supervisor Mazzuca AYE
Councilwoman Budney AYE
Councilman Brower AYE
Councilman Hosmer AYE
Councilman Shea ABSENT
Resolution passed by
majority vote.
5.
Authorize Supervisor Mazzuca to sign an easement agreement with
regard to
the Ariano/Spears revised subdivision on Lane Gate Road, Cold Spring, New York.
Patty
Smith, engineer for Ariano/Spears, asked the Town Board to consider the
easement agreement with regard to subdivision on Lane Gate
Road. Town Attorney Doyle explained that Supervisor Mazzuca can sign the
easement
agreement
subject to receipt of: engineering and mapping, boundary line agreement
revision, existing and proposed location of pipes have to be shown on a map,
plans by a professional engineer showing improvements to be made, and title
insurance to the Town for the easements. Town Attorney Doyle added that the
Town Board can approve the easement subject to a Wetlands approval.
The following Resolution was
presented by Councilman Hosmer, seconded by Councilwoman Budney;
WHEREAS, the Town Board of the Town of Philipstown has
requested engineering and mapping, boundary line agreement revision, existing
and proposed location of pipes –shown on map, plans by a professional engineer
showing improvements to be made and Title insurance to the Town for easements,
and approval from Wetlands.
THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor to
sign the easement agreement with regard to the Ariano/Spears revised
subdivision on Lane Gate Road, Cold Spring, New York on the condition that all
requested materials are submitted and approved by Town Board and Wetlands.
The following Resolution was
presented by Councilwoman Budney, seconded by Councilman Shea and unanimously
carried;
RESOLVED, that the request to approve the conveyance of a
ten-foot easement from the Continental Village Park District to the Continental
Village Fire Department is hereby tabled until the Town of Philipstown is in
receipt of the revised Schedule A.
7.
Code Enforcement Monthly Report
Town Clerk Merando read the Code Enforcement Monthly
report.
8.
Authorize Supervisor Mazzuca to sign the
contract with CFE Consulting Services
with regard to the Storm Water Management Program.
The following Resolution was
presented by Councilman Brower, seconded by Councilman Hosmer and unanimously
carried;
WHEREAS, that the Town Board of the Town of
Philipstown hereby authorizes Supervisor Mazzuca to sign a contract with CFE
Consulting Services, LLC, 178 Bennetts Farm Road, Ridgefield, Ct. to provide
Engineering Services for Phase II Stormwater Management Program Plan; and
WHEREAS, the contract covers the period of performance from
June 1, 2005 through June 1, 2006 in the estimated cost of $10,000 as indicated
in the contract.
9.
Appointments to
the Storm Water Steering Committee and Citizen Advisory Panel, and identify a contact person.
The
Town Board will advertise for members for the Stormwater Steering Committee and Citizens Advisory Panel. The
panel will be in charge of organizing local volunteer groups and responsible
for identifying potential sources of pollution along the Hudson River, town
streams and other water courses and drainage channels in the town.
The following Resolution
ease presented by Councilman Brower, seconded by Councilman Hosmer and
unanimously carried;
RESOLVED, that the Town Board hereby authorizes the Town
Clerk’s Office to advertise for any interested parties willing to volunteer on
the Steering Committee or Citizens Advisory Panel in connection with the
Stormwater Management Program.
Supervisor Mazzuca
regretfully accepted the resignation of Roger Keppel. He stated that he
appreciated his efforts over the years.
The following Resolution was
presented by Councilwoman Budney, seconded by Councilman Shea and unanimously
carried;
RESOLVED, that the Town Board regretfully accepts the
resignation of Roger Keppel from the Recreation Commission effective July 1,
2005; and
BE IT FURTHER RESOLVED, that the Town Board hereby requests that the Town
Clerk Merando forward a letter appreciation to Roger Keppel for all the years
of service he has provided the Town of Philipstown.
12.
Schedule of upcoming
workshops/meetings.
7-20-05 Public Hearing – Chapter 175, Schedule A 7:30
7-20-05
Public Hearing - Self-Storage 7:45
7-20-05
Recreation – Master Plan 8:15
7-27-05 Workshop – Blasting
Law
7:30
8-04-05 Town Board
Meeting 8:00
13. Any
other business that may come before the Town Board.
Councilman Hosmer inquired about the proposed signage “Entering the Town
of Philipstown”. The cost of sign for the town would be $700.00. Highway Superintendent Chirico stated that
cost of single sided sign is $800.00 and double sided is $1200.00. This would be the cost for the sign for OSI
donating the property at the Highway facility.
Councilman Brower stated
that in September, the second annual EMS Appreciation Day will take place.
Public will be invited.
14.
Audience
Shawn Sullivan, resident of Hudson River Lane, asked the Town Board the
status of Article 78 filed with regard to the Cooper property. The Town Board explained that the action is
still pending.
Mr. Chirico spoke about the temporary road used during construction at
the Garrison School. There is an unresolved problem with drainage from the
road. There have been numerous complaints from the manager of the service
station. Agreements were made with the
Garrison School that when the road went from a temporary work road to a
permanent road that the district would remedy any existing problems.
Recreation Commission (2)
Continental Village Advisory Committee (1)
Councilman
Councilwoman Budney made a motion, seconded by Councilman Brower and
unanimously approve the General Fund Vouchers in the amount of $74,233.25 as
set forth in Abstract #7.
Councilman
Hosmer made a motion, seconded by Councilwoman Budney and unanimously passed to
approve the Highway Vouchers in the amount of
$54,900.61 as set forth in Abstract #7
Councilwoman Budney made a
motion, seconded by Councilman Shea and unanimously passed to approve the CV
Park District Vouchers in the amount of $9,294.79 as set forth in Abstract #7
Councilman Shea made a
motion, seconded by Councilman Hosmer and unanimously passed to approve the CV
Water District Vouchers in the amount of $2,769.34 as set forth in Abstract #7
Councilwoman Budney made a
motion, seconded by Councilman Brower and unanimously passed to close the
meeting at 9:20 P.M.
Tina M. Merando
Town
Clerk