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.

 

REVIEW OF THE MINUTES

 

The Minutes of the Public Hearing of March 29, 2005 – Self-Storage Facilities 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 May 25, 2005 – Proposed Comprehensive Plan were reviewed.

 

Councilman Brower 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 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.

 

Councilman Shea made a motion, seconded by Councilman Hosmer and unanimously carried that the Minutes are hereby approved as presented.

 

The Minutes of the Bid Opening of June 24, 2005, for the Painting at the Highway Department 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 Special Meeting of July 7, 2005 ,for Signage along Canopus Hill Road were reviewed. 

 

Councilwoman Budney made a motion, seconded by Councilman Hosmer and unanimously carried that the Minutes are hereby approved as presented.

 

COMMITTEE REPORTS

 

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.

 

 

 

 

Supervisor’s Report of Monies

Monies Received as of 7/14/2005

 

General and Part Town Funds

 

Town Clerk Fees 5/04                                                                 581.67

Town Clerk Fees 6/05                                                              2,061.59

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

 

Highway Fund

 

General Fund ck. Recreation gas                                                484.78

Bank Interest                                                                                      1,537.19

A.W. Scrap Metal                                                                         370.40

 

 

Continental Village Water District

 

Bank Interest                                                                               68.80

Water Collection                                                                     75,000.00

 

Continental Village Park District

 

Clubhouse Fees                                                                                   800.00

Taxes Putnam Valley                                                                11,744.02

Bank Interest                                                                                        420.75

 

 

AGENDA-

 

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

 

RESOLUTION #171-05

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)

 

ROLL CALL VOTE

 

 Supervisor Mazzuca                  AYE

 Councilwoman Budney  AYE

 Councilman Hosmer                  AYE

      Councilman Shea                       AYE

      Councilman Brower                    AYE

 

b.      Resolution to adopt Local Law, Chapter 93

 

RESOLUTION #172-05

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.

 

ROLL CALL VOTE

 

 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

 

RESOLUTION # 173-05

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

 

RESOLUTION #174-05

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;

 

NOW, THEREFORE, BE IT

 

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.

 

ROLL CALL VOTE

 

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 Board did not approve the Alternate Road standards for Torchia Road. There was a question of who would maintain the bridge on Torchia Road, however the town agreed to a fee schedule for the Alternate Road Standards. 

 

              RESOLUTION #175-05

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.

 

RESOLUTION # 176-05

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.

 

 

6.        Resolution approving the request of a conveyance of a ten-foot easement from the Continental Village Park District to the Continental Village Fire Department.

 

RESOLUTION # 177-05

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.

 

RESOLUTION # 178-05

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.

 

RESOLUTION # 179-05

 

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.

 

10.             Discussion on the Galaxy Recycling proposal.

 

Councilman Budney stated she received the contract from Galaxy Recycling, which was sent to Town Attorney Doyle for review. Before the five year contract is signed, a representative from Galaxy Recycling should meet with entire board and Superintendent of Highways, Roger Chirico, to discuss entire proposal.  Superintendent Roger Chirico stated that landfill should be open on additional days.

 

11.             Accept resignation of Roger Keppel from the Recreation Commission.

 

Supervisor Mazzuca regretfully accepted the resignation of Roger Keppel. He stated that he appreciated his efforts over the years.

 

RESOLUTION # 180-05

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.

 

VACANCIES

 

Recreation Commission (2)

Continental Village Advisory Committee (1)

 

APPROVAL OF VOUCHERS

 

   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.

 

                                                                                   

                                                                                   

                                                                                    Respectfully submitted by,

 

 

                                                                                    Tina M. Merando

                                                                                    Town Clerk