Putnam Valley Town Board s2

June 18, 2014 | 143

PUTNAM VALLEY TOWN BOARD

REGULAR MEETING

7:00 P.M.

WEDNESDAY, JUNE 18, 2014

1.  Pledge of Allegiance

2.  Supervisor’s Opening Comments

3. Amend Resolution R14-165 to reflect a correction in the contract amount –TABLED from 6-11-14

4. County Legislator’s Report

5. Resolution Amending Grant of Concept

Plan Approval to Incentive Zoning-Rose Hills Cemetery

a/k/a Beverly Hills Cemetery Corp. Application

6. Discussion on Changing Speed Limit-Oscawana Lake Rd

7. Approval of Town Board Minutes

8. School Report

9. Authorize Supervisor to Sign Agreement For

School Tax Collection

10. Appoint Richard Quaglietta-Deputy Building Inspector/

Code Enforcement Officer

11. Discussion on Amending Zoning Code Section 165-44A

Habitable Space Increase/Substandard Lots

12. Discussion on Lot Area Requirements/Waterbodies

DEPARTMENTS

13. Parks & Recreation

a. Refunds

b. Personnel

14. Building Department

a. Report for May

15. DISTRICTS

a. Lake Peekskill

1. Lake Peekskill Report

2. Appoint Temporary Seasonal Laborer-S. Connaire

3. Authorize Supervisor to Sign Contract with Woidt

Engineering-Lake Peekskill Dam

4. Authorize Expenditure for Water Quality Monitoring

In Lake Peekskill-Princeton Hydro LLC.

b. Barger Pond

1. Appoint Temporary Seasonal Laborer-J. Mantione

c. Roaring Brook Lake

2. Authorize Supervisor to Sign Contract with Woidt

Engineering-RBL Dam

16. Public Comments

17. Budget Transfers & Amendments

18. Audit of Monthly Bills

PUTNAM VALLEY TOWN BOARD

REGULAR TOWN BOARD MEETING

WEDNESDAY, JUNE 18, 2014

7:00 P.M.

REGULAR TOWN BOARD MEETING

PRESENT: Supervisor Tendy

Councilwoman Annabi

Councilwoman Whetsel

Councilman Mackay

Councilman Luongo

ALSO PRESENT: Town Clerk Royael

Town Counsel Zutt

Supervisor Tendy opened the meeting at 7:00 p.m.

AMENDMENTS TO THE AGENDA

Presented by Supervisor Tendy

RESOLUTION #R 14-185

RESOLVED, that the Town Board amend the agenda to include:

Add Executive Session to discuss a potential personnel matter

Add#12a- Authorize Expenditure to purchase lift for highway garage

Add#12b Discussion on organization that spays, neuters and traps felines

Add #12c- Amend Resolution #R14-181 as rate per hour was not put on for Steve Lewis

Seconded by Councilman Mackay, unanimously carried.

Supervisor Tendy motioned to go into Executive Session at 7:04 p.m. to discuss potential personnel matter.

Seconded by Councilwoman Annabi, unanimously carried

Meeting resumed at 7:15 p.m.

Supervisor’s Opening Comments

Supervisor Tendy welcomed the newly appointed Rabbi Altarescu and Rabbi Levy to the Reformed Temple of Putnam Valley. Starting July 8th through August 28th, every Thursday at 8:00 p.m. at the Temple Israel there will be lectures given by Steve Axinn and Bob Tendy on the most interesting cases in the United States Supreme Court. If anyone is interested in attending please call Beverly Kelly at 845-526-2121 or email her at .

Supervisor Tendy congratulated all of the graduates in Putnam Valley, he wished them good luck for the future.

AMEND RESOLUTION#R14-165 to reflect correction in contract amount

Presented by Supervisor Tendy

RESOLUTION #R 14-186

RESOLVED, that the Town Board amend Resolution #R14-165 authorizing the Town Supervisor to sign the contract with Hydro Environmental Solutions Inc. to design a groundwater treatment system for the water supply well at the Town Hall Complex, correct amount not to exceed $19760.00. The original contract cost of $14820.00 did not include the hydrologist preparing bid documents and the bid package, reviewing the bids and assisting the town in contractor selection.

Seconded by Councilman Mackay, unanimously carried.

county legislator report

County Legislator Oliverio read the following:

County Legislator Scuccimarra attended a drug forum at St. Christophers about opiate awareness, she would like the Town Board to consider having the Salomones and Christiansens, founders of “Drug Crisis in Your Backyard” come to a town board meeting.

Councilwoman Whetsel would like the students in the high school to view a video about drug use.

County Legislator Scuccimarra announced that on Thursday, at 10:30 a.m. at the Community Room in Philpstown at 62 Chestnut St., there will be a speaker from AARP about aging.

County Legislator Oliverio noted that this will be a tough budget year, everyone will be hearing about a litigation matter on June 30th.

resolution amending grant of concept plan approval to incentive zoning-rose hills cemetery aka beverly hills cemetery corp. application

Presented by Councilwoman Annabi

RESOLUTION #R 14-187

RESOLUTION AMENDING

GRANT OF CONCEPT

PLAN APPROVAL TO

INCENTIVE ZONING

APPLICATION OF ROSE HILLS

CEMETERY A/K/A/BEVERLY

HILLS CEMETERY CORP.

WHEREAS the Putnam Valley Town Board, on November 13, 2013, adopted a Resolution granting conditional Concept Plan Approval to an application of Beverly Hills Cemetery Corp. for relief under Article XXIII of the Putnam Valley Zoning Code (Incentive Zoning), a copy of which Resolution is attached hereto; and

WHEREAS said Incentive Zoning application would enlarge the existing Beverly Hills Cemetery by transferring approximately 55 acres of land from an adjacent parcel owned by Glenview Park, Inc. to Beverly Hills Cemetery Corp; and

WHEREAS it has come to the Town Board’s attention that said land transfer will require the approval of the Putnam County Board of Legislators under New York State Real Property Law (“RPL”) Sect. 451 and New York State Not-for-Profit Corporation Law (“N-PCL”) Sect. 1506 (c); and

WHEREAS the Town’s Wetland Inspector/Environmental Consultant has opined that cemeteries may discharge hazardous materials into the ground or surface water and may, therefore, be a prohibited use on properties located in the Town’s Ground and Surface Water Protection District (under Town Code Sect. 165-26E 7)); and

WHEREAS the acreage proposed to be acquired from Glenview Park Inc. for the expansion of the Beverly Hills Cemetery is located in the Town’s Ground and Surface Water Protection District; and

WHEREAS in granting conditional Concept Plan Approval to Beverly Hill’s Incentive Zoning Application the Town Board was unaware of the County Approval requirements of RPL Sect. 451, N-PCL Sect. 1506 (c), and of the recently-expressed opinion of the Town’s Environmental Consultant with respect to the possible impact of cemeteries on ground and surface water and the resultant prohibition of Town Code Sect. 165-26-E(7); and

WHEREAS action by the Town Board and/or Planning Board on this Incentive Zoning proposal, taken in advance of an approval by the County under RPL Cset.451 and N-PCL Sect.1506(c), may generate Article 78 and/or other legal challenges which would be rendered moot if County approval is denied; and

WHEREAS County approval, if granted, may be subject to conditions, regulations, and restrictions which may conflict with those imposed by the Town Board and/or Planning Board; and

WHEREAS even if the County approves the application unconditionally and without restriction, and even if the Town Board is otherwise willing to allow cemetery usage on the to-be-acquired acreage, relief from Sect. 165-26E(7) of the Town Code may be required

WHEREAS the Town Board does not wish to incur the time and expense associated with the administrative and environmental review and determination of an Incentive Zoning proposal on land which cannot lawfully be acquired for cemetery use without County approval, nor does it wish to have the Town Planning Board incur such time and expense; and

WHEREAS the Town Board does not wish to incur the time and expense associated with litigation to which it, and/or the Town Planning Board, may be subject by virtue of actions taken in connection with said Incentive Zoning proposal prior to the grant of County approval; and

WHEREAS the Town Board wishes to amend its previously-adopted Concept Plan Approval Resolution so as to recognize the above, newly-identified circumstances,

NOW THEREFORE, be it

RESOLVED that Town Board Resolution #R13-331 be and is hereby amended as follows:

(1) The operation and effect of said Concept Plan Approval Resolution is hereby suspended pending County Board of Legislators’ approval of Beverly Hills’ proposed purchase of the identified 55.45 acre parcel from Glenview Park Inc. for cemetery purposes, all in accordance with RPL Sect. 451 and N-PCL Sect. 1506 (c); and

(2) If County approval is denied, or is not received within 6 months from the date hereof, the Town Board’s grant of Conditional Concept Plan Approval, as hereby amended, shall expire.

(3) If, as and when the approval called for under paragraph “1” above is received, the Incentive Zoning relief necessary for the fulfillment of this project may be deemed to include relief from Town Code Sect. 165-26E(7).

Seconded by Councilman Mackay.

Dated, Putnam Valley, New York

June18, 2014

Voting in Favor Voting Against

Hon. Robert Tendy, Supervisor AYE

Hon. Wendy Whetsel recused herself

Hon. Jacqueline Annabi AYE

Hon. Steven McKay AYE

Hon. Louis Luongo AYE

Motion passed with four ayes, as Councilwoman Whetsel recused herself.

discussion on changing speed limit-oscawana lake road

Discussion

Supervisor Tendy told the Town Board that 8 years ago the Town Board made a request to the Putnam County Highway Department that the speed limit be changed on Oscawana Lake Road between Kramers Road and Peekskill Hollow Road. The signs went up, but it has come to light that they are inconsistent and placed in the wrong areas. When Supervisor Tendy asked the Putnam County Highway to move the signs they found no record of a speed limit change nor did New York State. The Town of Putnam Valley needs to submit a form requesting the change of speed limit and is requesting that the Town Board authorize the submittal of this form.

Presented by Supervisor Tendy

RESOLUTION #R 14-188

RESOLVED, that the Town Board authorize the Town Supervisor to submit form TE 9a to the Putnam County Highway requesting the change of the speed limit on Oscawana Lake Road between Kramers Pond Road and Peekskill Hollow Road, due to the presence of an elementary school and two churches.

Seconded by Councilwoman Annabi, unanimously carried.

Approval of Town Board Minutes

Presented by Councilman Mackay

RESOLUTION #R 14-189

RESOLVED, that the Town Board approve the Town Board minutes of May 14 and May 21, 2014.

Seconded by Councilwoman Annabi, unanimously carried.

SCHOOL REPORT

High School graduation will take place on June 27th, raindate is June 28th.

authorize supervisor to sign agreement for school tax collection

Presented by Councilwoman Whetsel

RESOLUTION #R 14-190

RESOLVED that the Town Board authorize the Town Supervisor to sign an agreement with Mary DeLanoy, Tax Collector for the Carmel Central School District to collect all school taxes levied and assessed against residents of the Town of Putnam Valley located within the School District at the annual compensation of $10.00 per parcel for each parcel within the Town and within the School District, parties estimate to be approximately 117 parcels.

Seconded by Councilman Luongo, unanimously carried.

APPOINT RICHARD QUAGLIETTA- DEPUTY BUILDING INSPECTOR/CODE ENFORCEMENT OFFICER

Presented by Councilwoman Annabi

RESOLUTION #R 14-191

RESOLVED that the Town Board appoint Richard Quaglietta as Part Time Deputy Building Inspector/Code Enforcement Officer at the rate of $28.00 per hour, not to exceed 17.5 hours effective June 23, 2014.

Seconded by Councilman Mackay, unanimously carried.

DISCUSSION ON AMENDING ZONING CODE SECTION 165-44A-HABITABLE SPACE INCREASE/SUBSTANDARD LOTS

Town Counsel Zutt explained to the Town Board that the Zoning Board requests that it should not be necessary for property owners to get a variance for converting an existing space into habitable space. An example would be if a homeowner wanted to make their basement a habitable area. The Zoning Code states that if you have a residence in a non- conforming lot or set back you cannot add more than 20% to that home without a variance, this amendment would give relief of the 20% limit.

DISCUSSION ON LOT AREA REQUIREMENTS/WATERBODIES

Town Counsel Zutt explained that the proposed local law to amend Chapter 165 of the Town Code is to exclude underwater land in calculating lot area, minimum open area and front, rear, side yard and lakefront setbacks. In Putnam Valley we have large bodies of water and property in water should not be included.

AUTHORIZE EXPEDITURE TO PURCHASE LIFT FOR HIGHWAY GARAGE

Presented by Supervisor Tendy

RESOLUTION #R 14-192

RESOLVED that the Town Board authorize the expenditure of a truck lift for the highway garage at the cost of $43,000. The money will come out of the Highway Fund Balance which will still leave 10% in the fund balance.

Seconded by Councilman Luongo, unanimously carried.

DISCUSSION ON ORGANIZATION THAT SPAYS, NEUTERS AND TRAPS FELINE

A representative for “PAWS FOR LOVE” made a request to the Town Board to reallocate the money that was originally budgeted for Putnam Felines for their use to spay, neuter and trap felines and give it to “PAWS FOR LOVE”. Putnam Felines is no longer doing this and the PAWS FOR LOVE has picked up where Putnam Felines has left off. Putnam County Health Department has given them $2500, they now have $300 left. If the town will allocate that money to them, they can do ten cats. They can have the veterinary bills sent directly to the town to be paid.

Presented by Supervisor Tendy

RESOLUTION #R 14-193

RESOLVED that the Town Board allocate the $600.00, budget line A.3520, that was previously intended for Putnam Felines to now be used for “PAWS OF LOVE”. This money will be used to spay and neuter feral felines in Putnam Valley.

Seconded by Councilwoman Whetsel, motion passed with four ayes with Councilman Mackay voting “Nay”.

AMEND RESOLUTION #R14-181 AS RATE PER HOUR WAS NOT PUT ON RESOLUTION

Presented by Supervisor Tendy

RESOLUTION #R 14-194

RESOLVED that the Town Board amend Resolution#R14-181 appointing Steve Lewis as Special Prosecutor for the People vs. Margaret Rennalls case at the rate of $200.00 per hour. The rate per hour was not stated on Resolution R14-181.

Seconded by Councilman Mackay, unanimously carried.

PARKS & RECREATION REFUNDS

Presented by Councilwoman Whetsel

RESOLUTION #R14-195

RESOLVED, that the Town Board approve the following refunds:

Theresa Malota $725.00

38 Colton Road Day Camp

Mahopac, NY 10541 Unable to attend

Jay Meister $25.00

47 McGrath Terrace Softball league fee

Fishkill, NY 12524 Unable to attend

Seconded by Councilwoman Annabi, unanimously carried.

PARKS & RECREATION- PERSONNEL APPOINTMENTS-

Presented by Councilwoman Whetsel

RESOLUTION #R14-196

RESOLVED, that the Town Board approve the following additions/changes to personnel:

1.  Michael Walsh, Rec. Ass’t. @ $10.00 per hour.