The Town Board of the Town of Philipstown held their Weekly Meeting on the above date at 9:10 p.m. at the Town Hall, 238 Main Street, Cold Spring, New York 10516.

PRESENT:

William Mazzuca Supervisor

Betty Budney Councilwoman

Al Hosmer Councilman

David Brower Councilman

ABSENT:

Richard Shea Councilman

AGENDA

1. Resolution needed to adopt Local Law – changing the maximum annual income range for senior citizens tax exemption.

· SEQRA – Type II Action

RESOLUTION #254-06

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

WHEREAS, the Town Board of the Town of Philipstown has given due consideration to amend the Code of the Town of Philipstown, Chapter 156 thereof entitled TAXATION, to change the minimum annual income range for senior citizens tax exemption; and

WHEREAS, this action is a routine of continuing agency administration and management action that does not include new programs or major re-ordering of priorities;

NOW, THEREFORE, BE IT RESOLVED, that this action is a Type II Action, as defined under NYCRR Part 617.13d, which is an action or class of actions which have been classified by the State of New York to not have a significant effect on the environment and thus do not require environmental impact statements or other determination or procedures under Part 617 of the Environmental Conservation Law.

· Adopt Local Law

RESOLUTION #255-06

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

Local Law #4 see as attachment “A.”

2. Resolutions needed to adopt Local Law – changing the maximum annual income range for person with disabilities and limited resources.

· SEQRA – Type II Action

RESOLUTION #257-06

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

WHEREAS, the Town Board of the Town of Philipstown has given due consideration to amend the Code of the Town of Philipstown, Chapter 156 thereof entitled TAXATION, to change the maximum annual income range for person with disabilities and limited resources; and

WHEREAS, this action is a routine of continuing agency administration and management action that does not include new programs or major re-ordering of priorities;

· Adopt Local Law

RESOLUTION #258-06

The following Resolution was presented by Councilwoman Budney, seconded by Councilman Brower:

A local law to amend the Code of the Town of Philipstown, Chapter 156 thereof entitled TAXATION, TO CHANGE the Minimum Annual Income Range for Persons with Disabilities and Limited Incomes.

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

Section 1.

Chapter 156 of the Code of the Town of Philipstown, Article, Sections 156-8 and 156-9 are hereby amended to read as follows:

Section 156-8 Eligibility for exemption.

All of the provisions, conditions, definitions and requirements of Section 459-c of the Real Property Tax Law and amendments thereto shall apply to the application for and the granting of such an exemption on the assessment roll of the Town of Philipstown. The maximum income eligibility level of the owner or owners of the property for the income tax year immediately preceding the date of making application for exemption shall be based on the maximum annual income range specified herein as follows:

Maximum Annual Income Range Percentage Assessed Valuation

Exemption from Taxation

(per centum)

_______________________________ ____________________________

$0.00 or more but less than $21,500.00 50

$21,500.00 or more but less than $22,500.00 45

$22,500.00 or more but less than $23,500.00 40

$23,500.00 or more but less than $24,500.00 35

$24,500.00 or more but less than $25,400.00 30

$25,400.00 or more but less than $26,300.00 25

$26,300.00 or more but less than $27,200.00 20

$27,200.00 or more but less than $28,100.00 15

$28,100.00 or more but less than $29,000.00 10

$29,000.00 or more but less than $29,900.00 5

$29,900.00 or more 0 (no exemption)

Section 156-9 Applicability

This Article shall apply to assessment rolls after January 1, 2003 and the provisions of Section 459-c of the Real Property Tax Law, as amended, shall govern the granting of exemptions.

Section 2.

This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York.

3. Resolutions needed to adopt Local Law – amending the Town Code of the Town of Philipstown with respect to accessory apartments.

· EAF/Negative Declaration

RESOLUTION #259-06

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

RESOLVED that the Town Board of the Town of Philipstown hereby authorizes Supervisor Mazzuca to sign the Environmental Assessment Form as revised on September 6, 2006, in connection to the Local Law amending the Town Code of the Town of Philipstown with respect to accessory apartments.

· Negative Declaration

RESOLUTION #260-06

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

WHEREAS, the Town Board of the Town of Philipstown has reviewed the EAF, as revised on September 6, 2006 along with Attachment “A” (Reasons for Determination), with regard to amending the Town Code of the Town of Philipstown with respect to accessory apartments.

NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby adopts the negative declaration.

· Adopt Local Law

RESOLUTION #256-06

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

WHEREAS, the Town Board of the Town of Philipstown has been considering zoning amendments for accessory apartments; and

WHEREAS, the proposed zoning amendments are in furtherance of a recommendation in the Town’s Comprehensive Plan; and

WHEREAS, the proposed zoning amendments were introduced by resolution Number 73-06 dated March 9, 2006, and the Town Board declared itself Lead Agency for purposes of SEQR by Resolution Number 114-06 dated April 13, 2006, and;

WHEREAS, the town Board has referred the proposed amendments to the Town Planning Board and received comments from the Town Planning Board by letter dated September 28, 2006; and

WHEREAS, Section 239-m of the General Municipal law requires that the proposed zoning amendments be referred to the Putnam County Division of Planning for review and comment prior to taking action to adopt the Plan and such referral was made, and the Putnam County Division of Planning responded by approving the proposed action by letter dated September 29, 2006;and

WHEREAS, the Town Board has reviewed the full environmental assessment form prepared for the proposed zoning amendments; and

WHEREAS, the Town Board has determined that adoption of the Zoning amendments is an unlisted action under the State Environmental Quality Review Act (SEQR) and will not involve any other agencies for purposes of compliance with the provisions of SEQR; and

WHEREAS, the Town Board has held a public hearing on the proposed zoning amendments on November 16, 2006; and

WHEREAS, the Town Board has adopted a Negative Declaration under SEQR on this date;

NOW, THEREFORE, BE IT RESOLVED, as follows:

The Town Board of the Town of Philipstown hereby adopts the zoning amendments for accessory apartments as Local Law #6 of 2006.

The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows:

ROLL CALL

Supervisor Mazzuca AYE

Councilwoman Budney AYE

Councilman Hosmer AYE

Councilman Brower AYE

Councilman Shea ABSENT

The Resolution was thereupon adopted.

4. Resolution needed allowing Supervisor Mazzuca to act upon Resolution #176-05 in the matter of Arian/Spears Easement.

Town Attorney Doyle explained that the Town has received a letter from David Klotzle and Roger Chirico noting that they have inspected the improvement and approves the same. He noted that the Town has an up-to-date survey showing the improvement; the only thing that is not at hand is the title report.

RESOLUTION #261-06

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

RESOLVED, that the Town Board hereby authorizes Supervisor Mazzuca to sign the Easement Agreement with Arian/Spears subject to the approval of the Title Insurance in a form acceptable to the Town Attorney.

5. Award Highway Bids.

RESOLUTION #262-06

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

RESOLVED, that the Town Board hereby awards the 2007 Highway Department Material Bids as defined in Attachment “B.”

6.Any other business that may come before the Town.

Supervisor Mazzuca read a letter from Robert McMahon of Putnam County Emergency Bureau, announcing that the County will conduct a meeting on November 21^st at 9:30 a.m., with regard to GIS. Councilman Hosmer and Councilwoman Budney will attend said meeting.

The Town Board then addressed an FOIL appeal dated November 8^th from David Weinpahl, which was denied by the Town Clerk’s Office. The material he requested is copy-write, therefore, the Town is prohibited from releasing it. Following some discussion, the Town Board decided to affirm the denial.

Claudio Marzollo submitted the final map for the new road at Glenclyffe and explained the proposed layout.

The Town Board then discussed the Capital Improvements and costs needed for Common Facilities at Glenclyffe for 2007.

RESOLUTION #263-06

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

RESOLVED, that the Town Board hereby approves the following:

CAPTIAL IMPROVEMENTS AND COSTS NEEDED FOR COMMON FACILITIES AT GLENCLYFFE FOR 2007

I. Improvements to the water treatment system.

Engineering study and proposal to modify and improve the existing system, including covering well casings, controls, new pumps, new plumbing, additional well and building improvements. This to be done by Hudson Valley Consulting Inc.

$10,000

The actual work outlined above has been ball parked by the consultants at 60-75K. The variance depends largely on the additional well. To drill a well could be as high as 10K but they were judged viable in terms of gallons per minute. None were connected to the system, so, if at least one of them is still viable, connecting it will be a lower cost.

Exterior recoating of water storage tank. This needs to be done every 6 years. 2007 will be year 7. Work to be done by the Kessler Tank Company.

$19,900

TOTAL: $29,900 + cost of actual work on water treatment plant – see above

Per the Common Facilities Agreement, the costs for the above are to be shared by each owner according to each owner’s anticipated use after the improvements.

II. Road Related Work

A. Repair and re-pointing of the stonewall on 9D. Work to be done by John Benjamin, Stonemason, Garrison.

$4,000

Repair of Common area of Glenclyffe Drive from 9D to beginning of new Recreation Center road after the Recreation Center road is completed. To be done by Polhemus.

$1,000

Per the Common Facilities Agreement, road maintenance is to be shared equally by each owner.

There being no further business to discuss, Councilman Brower, seconded by Councilwoman Budney and unanimously carried to close the Weekly Meeting at 9:50 p.m.

Respectfully submitted by,

Tina M. Merando

Town Clerk