Monthly Town Board Meeting

December 1, 2005

The Town Board of the Town of Philipstown held their Monthly Meeting on the above date at 8:00 p.m. at the Town Hall, 238 Main Street, Cold Spring, New York.

PRESENT:

William MazzucaSupervisor

Betty BudneyCouncilwoman

David BrowerCouncilman

Richard SheaCouncilman

Edward W. DoyleTown Attorney

ABSENT:Al HosmerCouncilman

Supervisor Mazzuca opened the meeting with the salute to the Flag.

REVIEW OF MINUTES

The minutes of the Weekly Town Board Meeting of October 19, 2005, were reviewed. Councilman Shea made a motion, seconded by Councilman Brower and unanimously carried that the Minutes of October 19, 2005, are hereby approved as presented.

The minutes of the Weekly Town Board Meeting, Executive Session, of November 2, 2005, were reviewed. Councilman Shea made a motion, seconded by Councilwoman Budney and unanimously carried that the Minutes of November 2, 2005, are hereby approved as presented.

The minutes of the Public Hearing of November 3, 2005, Pidala/Giachinta, were reviewed. Councilman Shea made a motion, seconded by Councilman Brower and unanimously carried that the Minutes of November 3, 2005, are hereby approved as presented.

The minutes of the Monthly Town Board Meeting of November 3, 2005, were reviewed. Councilwoman Budney made a motion, seconded by Councilman Brower and unanimously carried that the Minutes of November 3, 2005, are hereby approved as presented.

The minutes of the Bid Opening of November 4, 2005, Highway Materials, were reviewed. Councilman Shea made a motion, seconded by Councilwoman Budney and unanimously carried that the Minutes of November 4, 2005, are hereby approved as presented.

The minutes of the Public Hearing of November 9, 2005, Preliminary Budget, Continental Village Park District, were reviewed. Councilwoman Budney made a motion, seconded by Councilman Shea and unanimously carried that the Minutes of November 9, 2005, are hereby approved as presented.

The minutes of the Public Hearing of November 9, 2005, Preliminary Budget, Continental Village Water District, were reviewed. Councilman Brower made a motion, seconded by Councilman Shea and unanimously carried that the Minutes of November 9, 2005, are hereby approved as presented.

The minutes of the Public Hearing of November 9, 2005, Philipstown Volunteer Ambulance Corp./Budget, were reviewed. Councilwoman Budney made a motion, seconded by Councilman Brower and unanimously carried that the Minutes of November 9, 2005, are hereby approved as presented.

The minutes of the Public Hearing of November 9, 2005, Cold Spring Fire Company - Budget, were reviewed. Councilwoman Budney made a motion, seconded by Councilman Shea and unanimously carried that the Minutes of November 9, 2005, are hereby approved as presented.

The minutes of the Public Hearing of November 9, 2005, Garrison Volunteer Ambulance Corp - Budget, were reviewed. Councilman Brower made a motion, seconded by Councilman Shea and unanimously carried that the Minutes of November 9, 2005, are hereby approved as presented.

The minutes of the Public Hearing of November 9, 2005, Preliminary Budget for the General Fund, were reviewed. Councilman Shea made a motion, seconded by Councilwoman Budney and unanimously carried that the Minutes of November 9, 2005, are hereby approved as presented.

The minutes of the Weekly Town Board Meeting of November 9, 2005, were reviewed. Councilman Shea made a motion, seconded by Councilman Brower and unanimously carried that the Minutes of November 9, 2005, are hereby approved as presented.

The minutes of the Weekly Town Board Meeting of November 16, 2005, Final Budget, were reviewed. Councilwoman Budney made a motion, seconded by Councilman Brower and unanimously carried that the Minutes of November 16, 2005, are hereby approved as presented.

The minutes of the Weekly Town Board Meeting of November 22, 2005, Executive Session, were reviewed. Councilman Shea made a motion, seconded by Councilwoman Budney and unanimously carried that the Minutes of November 22, 2005, are hereby approved as presented.

COMMITTEE REPORTS

HIGHWAY

In the absence of Councilman Hosmer, no highway report was submitted.

PLANNING

Councilman Brower reviewed items addressed at the Planning Board Meeting of November 17, 2005.

RECREATION

Councilman Budney reviewed the activities presently being offered at the Recreation Center for the youth and adults of Philipstown.

CAC

Councilman Shea reported that the CAC did not hold any meetings in the month of November.

RECYCLING

Councilwoman Budney reported that new containers have been placed at the landfill and that there were special compartments for all types of recyclables. Councilwoman Budney will have a notice published in the Putnam County News listing all the items that could be placed in the new containers. Councilman Shea questioned if articles should be bundled. Councilwoman Budney responded that there were some things that should be and that she will list those items in the notice to be published.

BUILDING & LAND ACQUISITION

Supervisor Mazzuca reported that things were moving along on the purchase of the house and property behind Town Hall.

ZONING

Councilman Brower reviewed items addressed at the Zoning Board Meetings of November 7, 2005 and November 21, 2005.

MONTHLY REPORT OF TOWN SUPERVISOR

MONIES RECEIVED AS OF December 1, 2005

______

GENERAL & PART TOWN FUNDS

Recreation Fees, October 2005$31,266.92

Town Clerk Fees, October 2005 387.03

Town Justice Fees, October 2005 9,654.50

Quill Refund 38.98

Cable T.V. Fees11,010.00

Town Clerk Fees, November 2005 670.86

Building Fees, November 2005 8,111.00

Bank Interest 49.04

Nextel Review Fees 5,867.46

HIGHWAY FUND

Bank Interest $ 484.99

CONTINENTAL VILLAGE WATER DISTRICT

Bank Interest$ 45.94

CONTINENTAL VILLAGE PARK DISTRICT

Bank Interest$ 374.41

AGENDA

1. VIRGINIA GILBERT TO ADDRESS THE TOWN BOARD REGARDING

PLACEMENT OF HISTORIAL MARKERS IN CONTINENTAL VILLAGE

Virginia Gilbert addressed the Board regarding placement of historical markers in Continental Village. Ms. Gilbert had two colleagues present from the Van Cortlandtville Historical Society. Ms. Gilbert requested Town Board approval, and discussed the maps that she had presented showing where the signs would be placed and also the text that each one would contain. The Old Road Society had been contacted because they were infringing a little on their turf on Old Albany Post. They were in agreement with what they were trying to do. Ms. Gilbert stated that besides the approval, she was also requesting assistance from the Highway Department to install the signs. She then asked if anyone had any questions as to what they were proposing to do.

Ms. Gilbert went on to read the wording on all four (4) markers. Supervisor Mazzuca happily approved the Highway installing the signage when they come in.

RESOLUTION #286-05

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

RESOLVED, that the Town Board hereby approves the placement of historical markers as proposed by Virginia Gilbert, in Continental Village with the assistance of the Town Highway Department.

2. ALEXANDER KASPAR TO ADDRESS THE TOWN BOARD REGARDING

RIDGE ROAD

Alexander Kaspar addressed the Town Board regarding Ridge Road. Mr. Kaspar is owner of Cimmaron Ranch located in Putnam Valley. Mr. Kaspar stated that there was dumping along the right-of-way for a long time, which was called Ridge Road. He stated that as a matter of law, most municipalities have decisive reasoning when it comes to dumping. That is, if there is materials such as toxic wastes, violations would be issued against the owner of that property, not against those who dumped it because you usually can’t find the person who dumped the materials.

Mr. Kaspar questioned if Philipstown had the same regulations against dumping. Who was responsible for this dumping? Mr. Kaspar stated that he was willing, at his own expense, with the cooperation of the N.Y.S. DEC, to move all the materials. At this time, he was trying to decide where to put all the stuff. His main problem was that he needed a landing stage. The only landing stage that was perfectly available is owned by the Town of Philipstown or Putnam County. He referred to the Putnam County Highway Department and the legislators, Sam Oliverio and Vinnie Tamagna, and he didn’t notice any one of them in attendance, so they were obviously not interested in the problem.

He further stated that he didn’t know whether any of the Town Board members have ever been down Ridge Road, probably not. Supervisor Mazzuca stated that they had this problem a few years back. Mr. Kaspar stated that there were probably 17 vehicles down there, construction debris, oil cans, 55 gallon drums, etc. This material was on Philipstown property. He stated he needed two things – he needed to be able to get in the machinery, and need to remove the stones at the end. It’s up for auction on December 16 at a minimum bid value of $9,490.00. He would also like to put a gate across the property – going to the other side, which is also owned by Putnam County; Ridge Road and Skye Lane. He would put a big gate there with a lock on it so that the Continental Village Fire Department and land owners, other then himself, have a key to get down there. He felt that 20% or more of the dumping came from Lake Peekskill by being pushed down the hill. So if that re-occurs, that can be stopped. His reasons for doing this is that dumping encourages dumping, and garbage encourages garbage.

Supervisor Mazzuca stated that he had a letter from the County Legislator asking that the Town Board not take any action of this issue until they had a chance to discuss it further.

Mr. Kaspar stated that, for the record, he needed an updated survey and/or tax map of Ridge Road, as well as all the current owners, so that he can identify where exactly each of these items are, particularly the ones that weigh one ton or more. Mr. Kaspar did try moving some of the debris with machinery, but it didn’t work. Councilman Shea asked what he meant by a “landing stage?” Mr. Kaspar responded saying that there were several pieces of property that were large enough and flat enough to place the debris; he would need three 30 or 40 yard dumpsters. He needed a site where they bring in a big truck to haul it out. There are only two suitable sites where a truck that weighs 20 tons could get in and out. One road is owned by Putnam County and the other by Philipstown. Mr. Kaspar stated that this was a serious situation and he could take the matter to court but didn’t want to go that route; this was a serious issue to public health and safety. He requested that he be provided with surveys of the parcels on Ridge Road.

Supervisor Mazzuca stated that the County had asked the Town Board not take any action tonight until the Board sat down with the County, and that they did object to having a gate put up. Supervisor Mazzuca stated that there may not be an updated survey. Mr. Kaspar asked if the Board wanted to do anything with the property, sell it or deed it and what did the Board want to do with that property? Supervisor Mazzuca again stated that at this time, the Board didn’t know what they wanted to do. Mr. Kaspar stated that he was just giving the Board an idea. Supervisor Mazzuca re-iterated that the Board would speak with the legislators prior to taking any action. Mr. Kaspar stated that he did not expect action tonight, but he did expect a little bit more from Putnam County besides saying “don’t do anything.”

3. AUTHORIZE THE SUPERVISOR TO SIGN THE CONTRACT WITH THE

COUNTY FOR THE SERVICES OF AN OUTREACH WORKER TO ASSIST PHILIPSTOWN’S ELDERLY

Supervisor Mazzuca stated that it was in the budget and was part of the General Fund.

RESOLUTION #287-05

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

RESOLVED, that the Town Board hereby authorizes Supervisor Mazzuca to sign the contract for the services of an Outreach Worker to assist Philipstown’s elderly at a salary not to exceed the amount set forth in the 2006 Budget.

4. AUTHORIZE THE SUPERVISOR TO SIGN THE CONTRACTS FOR THE

PHILIPSTOWN VOLUNTEER AMBULANCE CORPS, INC., COLD SPRING

FIRE COMPANY NO. 1, AND GARRISON VOLUNTEER AMBULANCE &

FIRST AID SQUAD

RESOLUTION #288-05

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

RESOLVED, that the Town Board hereby authorizes Supervisor Mazzuca to sign the contract for the Philipstown Volunteer Ambulance Corps, Inc., for the amount not to exceed the amount set forth in the 2006 Budget.

RESOLUTION #289-05

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

RESOLVED, that the Town Board hereby authorizes Supervisor Mazzuca to sign the contract for the Cold Spring Fire Company No. 1, for the amount not to exceed the amount set forth in the 2006 Budget.

RESOLUTION #290-05

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

RESOLVED, that the Town Board hereby authorizes Supervisor Mazzuca to sign the contract for the Garrison Volunteer Ambulance & First Aid Squad, for the amount not to exceed the amount set forth in the 2006 Budget.

5. AUTHORIZE THE SUPERVISOR TO SIGN THE CONTRACT FOR THE

RENTAL, BY THE COUNTY, OF THE VFW BUILDING TO ADMINISTER

THE WIC PROGRAM

RESOLUTION #291-05

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

RESOLVED, that the Town Board hereby authorizes Supervisor Mazzuca to sign the contract for the rental, by the County, of the VFW Building to administer the WIC Program for 2006.

6. RESOLUTION AUTHORIZING THE RELEASE OF CASH PERFORMANCE

BOND FOR HARVESTING OPERATIONS POSTED BY LARS KULLESEID

Town Clerk Merando read letter dated November 15, 2005 from the Wetlands Inspector, stating that the work had been completed, preventative measures were in place to control erosion on the existing skid roads. Mr. Kotzle recommended returning bond.

RESOLUTION #292-05

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

RESOLVED, that the Town Board hereby approves releasing the Cash Performance Bond for harvesting operations posted by Lars Kulleseid.

7. RESOLUTION AUTHORIZING THE RELEASE OF A CASH BOND POSTED

BY IRWIN.

Town Clerk Merando reported that Mr. Klotzle reported that the work as described in the owner’s Wetlands Permit granted on February 24th, 2004, by the Planning Board, had been completed to his satisfaction and recommended the return of the cash bond.

RESOLUTION #293-05

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

RESOLVED, that the Town Board hereby approves the return of the cash bond to Irwin.

8. APPOINTMENTS TO THE STORMWATER STEERING COMMITTEE

Supervisor Mazzuca stated that a meeting was held on Wednesday, November 31st, 2005, of prospective members of different committees connected with the Stormwater Management Program and that the committees were made up of elected officials or town or village officials. Representatives selected to date are as follows:

Philipstown - Al Hosmer

Nelsonville and Planning Board – Andy Merante

Town Attorney – Edward Doyle

Highway – Roger Chirico

Code Enforcement – Tom Monroe

CAC – Isabel Lopatin

Supervisor Mazzuca stated that someone was still needed from the Village of Cold Spring, possibly Bruce Campbell representing as Trustee.

RESOLUTION #294-05

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

RESOLVED, that the Town Board hereby approves the appointments to the Stormwater Steering Committee as listed above.

9. APOINTMENTS TO THE STORMWATER CITIZENS ADVISORY

COMMITTEE

The following appointments to the Stormwater Citizens Advisory Committee are recommended as follows:

Betty Budney

Dave Brower

Tom Corless, representing Nelsonville

(No representative from Garrison as yet – Garrison/Haldane School Districts)

Scenic Hudson – Richard Schiafo

Fire & Police –Tom Corless

New York State Parks & Recreation – no one named yet

Open Space – no one named yet

Roger Chirico

Sylvia Wallin – representing Chamber of Commerce and Real Estate

Robert Hutchinson

Noel Kropf – representing the Road Society

Steve Merino

William Smith

Betsy Calhoun

Robert Hutchinson

RESOLUTION #295-05

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

RESOLVED, that the Town Board hereby approves the appointments to the Stormwater Citizens Advisory Committee as listed above.

Technical Advisory Committee

Roger Chirico – Probably would assume role of overall coordinator

Richard Shea – Construction

Michael Gibbons – Planning Board

No one named from CAC

Tom Monroe – Code Enforcement

John Giardello – Engineer

Terry Lahey - Consultant

Supervisor Mazzuca reported that another meeting would be held on December 24th at the VFW at 7:30 P.M.

RESOLUTION #296-05

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

RESOLVED, that the Town Board hereby approves the appointments to the Stormwater Technical Advisory Committee as listed above.

10. DISCUSSION ON THE DEMARTINO & ROBLES CONSERVATION

EASEMENT

Laura Roberts, Counsel for Mr. DeMartino and Mr. Robles, stated that she felt it was her understanding that the only thing left with this property on 93 Steuben Road was to put the environmental conservation easement in place and to post a $10,000 bond. She further stated that she has the conservation easement signed by her client and would like to get things moving as they were in the process of selling the property and would like the new owner to post the $10,000 bond. She also stated that the easement was finalized.

She further questioned whether the bond should be submitted by the new owner? Mr. Doyle stated that if the approval is going to be for the new owner, yes, and asked whose name the permit was in, DeMartino & Robles? Ms. Roberts replied that it was. Mr. Doyle informed her that the bond could be in the new owners name, but thought there should be a letter from Ms. Roberts explaining why it is in the new owner’s name and suggested that the wetlands permit be transferred to the new owner also. Ms. Roberts asked if the wetlands permit could be done after the closing. Mr. Doyle stated that the Board would like to see those things before they authorize the Supervisor to sign the conservation easement. Mr. Doyle requested that Ms. Roberts leave the items or mail them to him. Town Attorney Doyle stated that the Title Insurance needed to be marked up to include the items that were just addressed. Once the permit was received, or letter, the Town Board could authorize the Supervisor to sign the easement.