A Regular meeting of the Town Board of the Town of Cortlandt was conducted on Tuesday, February 12, 2002 in the Vincent F. Nyberg meeting room of the Cortlandt Town Hall, located on One Heady Street, Cortlandt Manor, NY (10567) with the following elected officials and appointed staff in attendance: 

                        LINDA D. PUGLISI                          Supervisor
                        FRANCIS X. FARRELL                    Councilmember
                        ANN LINDAU                                  Councilmember
                        JOHN E. SLOAN                             Councilmember
Absent:             JOSEPH D. CERRETO                    Councilmember
Also present:     JO-ANN DYCKMAN                        Town Clerk
                        THOMAS WOOD, ESQ.                  Town Attorney
                        GLENN CESTARO                          Comptroller
                        MARY BREINING                            Receiver of Taxes
                        EDWARD VERGANO                      Director, DOTS
                        JEFF TKACS                                  Co-Director, DES
                        KATHLEEN BURLESON                  DES, Recreation
                        FRAN SURAK                                 DES, Director, Office of Aging
                        PETER McMILLAN                          Purchasing Director
                        CLAUDIA VAHEY                            Human Res. Director
                        CATHERINE M. HOFFMAN              Deputy Town Clerk

 

* * * * * * * * * *      

MEETING CALLED to ORDER

Supervisor Puglisi called the meeting to order at 7:30 p.m.

 

* * * * * * * * * *     

PLEDGE to the FLAG

Supervisor Puglisi led all in attendance in a Pledge to the Flag.

 

* * * * * * * * * *      

 

SUPERVISOR’S REPORT on PROJECTS and ISSUES

Supervisor Puglisi stated that Councilman Cerreto’s absence is due to his service in the U. S. Army Reserves and the Town wishes him Godspeed and safety.

 

* *    

 

Today is President Abraham Lincoln’s birthday.  He lived from 1809 to 1865 and was the sixteenth president of the United States, holding that office from 1861 to 1865.  Supervisor Puglisi read a portion of an address given by President Lincoln in 1863 at Gettysburg, Pennsylvania.  She noted how appropriate this speech is for today as we honor men and women who sacrifice so much and serve our country.

 

Our local Lincoln Society held an essay contest award ceremony for many students in the Cortlandt/Peekskill communities.  Supervisor Puglisi praised them for keeping alive the principles of President Abraham Lincoln.

 

* *     

 

Supervisor called  Sharon Morrison  to the podium  representing  her husband, Alan, and Laura L. Keating, Town historians who are absent tonight due to illness.  She said she is speaking on behalf of the Van Cortlandtville Historical Society and the Cortlandt Historical Society as part of their efforts to commemorate the 225th anniversary of the American Revolution, March 23rd, 2002.    She presented a schedule of activities for that day.

 

An important meeting is scheduled for February 13th, sponsored by the League of Women Voters, the New York League of Conservative Voters and Cortlandt WATCH regarding the issue of diversion of sewage effluent from a portion of the Town of Yorktown and Croton watershed  to the County treatment plant located in the City of Peekskill.  Supervisor Puglisi said there are some questions about the capacity of the plant and whether or not there would be any impacts to our community.  Supervisor Puglisi said she would be present at this important meeting and urged everyone to attend.

 

* *    

 

Another ongoing issue of great significance to Cortlandt is our opposition to the Millennium Pipeline that would impact many communities, properties, schools and our environment.  Cortlandt is currently working with other municipalities, citizen groups and the County government to hopefully collectively fight this project.  She thanked a Cortlandt group for their efforts in attempting to stop the pipeline.

 

* *     

 

Since the events of September 11th,  there is a heightened alert at nuclear plants throughout the nation.  Supervisor Puglisi said it is very important to be pro-active and work together to find solutions.  She made the following points:

 

1.      We need a larger radius of the “no-fly zone” with constant air protection for enforcement.

2.      We must have permanent security surrounding  the nuclear plants.  The National Guard is currently there as well as the facilities’ private guards.

3.      We need protection in the Hudson River by the Coast Guard and/or the Navy.

4.      It’s a must, in the Supervisor’s opinion, to update and re-do the evacuation plan.  She said she would gladly coordinate the local effort in this project to assist the County and State.  It should include schools’ representatives, Mayor and officials of Buchanan, fire departments, police departments, transportation agencies, emergency workers, the hospital, Entergy employees and anyone else who wants to participate in this pro-active endeavor.

5.      Supervisor Puglisi said we need the three homeland security directors or their representatives to hold informational meetings and she offered the Town Hall for this purpose.

6.      It is also necessary to be responsible to the workers at the plant whose jobs provide for their families.

7.      Most important, it is critical to establish a task force immediately to listen to everyone’s suggestions in a pro-active, professional manner and to work together.

8.      The spent radioactive fuel rods are stored on site and plans are being talked about nationally to perhaps move them to Nevada.  Another suggestion is to make certain the security of the containment building they are stored in is upgraded.

9.       

Even though it is not the jurisdiction of our local government to provide or to ensure all these measures, Supervisor Puglisi and her colleagues feel it is important to address everyone’s issues and concerns and she will work with all parties involved to come up with some solutions.

* * * * * * * * * *     

 

ROLL CALL

On a roll call attendance administered by Town Clerk Jo-Ann Dyckman, all Councilpersons indicated their attendance, with the exception of Councilmember Cerreto who was absent.

 

 

Councilwoman Ann Lindau announced that on Thursday, March 21st the Peekskill/Cortlandt Chamber of Commerce is holding a business expo and job fair beginning at 3:30 at Colonial Terrace.

 

                                                              * *

 

Councilman John Sloan said he had attended a meeting at Entergy to unveil a newly proposed facility to address peak loads, specifically air conditioners.  The plant will have two towers proposed to be seventy feet tall as opposed to the domes that we see today which are 200 feet.  Entergy claims the plant will operate at forty decibels.  Our Town Code calls for no more than fifty-five decibels at the property boundary so if this is correct information from them, noise will not be a factor.  The last major item is air pollution and we should be very much concerned as a community to learn the amount of particulates that are being generated in that part of the Hudson. 

 

One of the disappointing aspects of the proposal is that they don’t have to come before the Buchanan or Cortlandt Planning Boards, however will go through a process called Article S which is basically Entergy and Albany, affording local governments no control.

 

                                                                    * *      

 

Councilmember Frank Farrell reported on his attendance at the Lincoln Society dinner and said Councilmember Cerreto’s absence was due to his service to our country in the Army Reserve.  Councilmember Farrell thanked the countless numbers of people who serve in all the various branches of the military reserves.

 

* * * * * * * * * *      

 

APPROVAL of the MINUTES

Councilmember Sloan moved that the minutes of the regular meeting of January 15, 2002 be approved as presented by Town Clerk Jo-Ann Dyckman, seconded by Councilmember  Lindau: ALL VOTED AYE.

 

* * * * * * * * * *       

 

PUBLIC HEARING

(A complete transcript of the following Public Hearing is on file in the Office of the Town Clerk.)

 

Public Hearing to consider granting a Special Permit and allow for thirty-six (36) affordable senior apartments at Springvale.

Town Clerk Jo-Ann  Dyckman presented and read the Notice of Hearing as had been published in the official Town of Cortlandt newspaper.

 

Supervisor Puglisi called the hearing to order at 7:51 p.m.

 

Mr. David White, attorney for Springvale, said in 2000 they sought an amendment to the Zoning Ordinance which would allow for expansion of a legal, non-conforming senior citizen development, (Springvale).  The Town amended the Zoning Ordinance subject to the recommendation of the Planning Board. 

 

After several public hearings before the Planning Board, it was recommended that the Special Permit be issued.

 

Supervisor Puglisi said we need more affordable units for our senior citizens, but at the same time we have to be concerned for the existing property owners who abut the property.

 

She said recommendations will be made to the Planning Board for their strong consideration of drainage issues, relocation of one of the buildings so it does not impact current. residents.

 

Councilmember Farrell said he has spoken with Mr. Berensen about a walkway from the parking lot from the Bethel property where the post office is located along Route 9A to Kwick-Mart, possibly to a restaurant across the street.  He sees many seniors using this path and it is dangerous, especially during inclement weather.  Mr. Berensen felt, a few years ago, that the State and other property owners would have to be involved.

 

Councilman Farrell said he will work with State officials and the Bethel  Nursing Home board to make an agreement where easements and other issues of that nature could be resolved.  He said it is very important to him that residents be given a safe way, something where the surface is even and there are handrails.  His approval would be contingent upon Springvale’s approval to make that happen.

 

Claire Engblom, 10 Maiden Lane, said there is a problem with drainage on one of the sites and building on the site would just increase the problem.

 

Councilmember Farrell said perhaps some of the existing drainage issues could also be addressed.

 

Ed Vergano said there are significant drainage issues and they should be addressed and there should be conditions made.

 

Supervisor Puglisi said there can be strong recommendations at a joint board meeting with the Zoning Board and Planning Board to be held in the next few weeks.

 

Eric Engblom, 10 Maiden Lane, discussed correction of the existing drainage problem

 

Supervisor Puglisi said Mr. Vergano, Town Engineer, will advise the Planning Board in this regard.

 

There was no additional discussion and Councilmembers Lindau and Farrell moved that the Public Hearing be closed:  ALL VOTED AYE.

 

* * * * *    

 

Councilmember Lindau moved to adopt the following two resolutions, seconded by Councilmember Farrell:

 

RESOLUTION NO. 64-02 – RE:  Adopt a negative declaration in the matter of a Special Permit for Springvale construction.

 

* *   

RESOLUTION NO. 65-02 – RE:  Strong recommendations to the Planning Board to authorize an amendment to the Special Use Permit to allow for thirty-six affordable senior apartments at Springvale.

 

There was no discussion:  ALL VOTED AYE.

 

* * * * * * * * * *  

 

HEARING of CITIZENS, (agenda items only.)

None.

* * * * * * * * * *       

 

BID REPORTS

Councilmember Farrell moved that the bids for the Verplanck Pedestrian Trail, opened on January 29, 2002, be received and ordered filed and the resolution awarding the contract be adopted.  Councilmember Sloan seconded the motion.

 

RESOLUTION NO.  66–02 – RE:  Award contract for the Verplanck Pedestrian Trail.

 

DISCUSSION:  Supervisor Puglisi said this is a project that has gone on for many years.  There has been Federal funding, ISTEA money, which will pay for the complete project which abuts the Steamboat River Park, which should begin shortly.

 

Councilmember Farrell said in his years of service on the Town Board, he has never seen a bid attract so many bidders.  There were fourteen bidders when it is the usual norm to have about three.  The range in the bid is impressive and a local contractor, Bilotta Contractor won the bid and Councilman Farrell said he is looking forward to that firm doing their usual outstanding job and getting underway this Spring.

 

Supervisor Puglisi said the bid award at $169,000 comes under the $186,000 received through the grant.

 

There was no additional discussion:  ALL VOTED AYE.

 

* * * * * * * * * *      

 

REPORTS

Councilmembers Sloan and Lindau moved the following reports be received and ordered filed:

 

November, 2001  -  DES/Senior Division

December, 2001  -  DES/Senior  Division

January, 2002     -  Purchasing Department, Town Justices, Receiver of Taxes,

                                Town Clerk.

2001 Annual       -  Planning Board.

 

There was no discussion:  ALL VOTED AYE.

 

* * * * * * * * * *     

 

OLD BUSINESS

Correspondence:

 

Councilmember Lindau moved the following documents be received and ordered filed and the resolution be adopted, seconded by Councilmember Farrell:

 

Notice of a DEIS and SEQR Public Hearing for proposed subdivision entitled Jacobs Hill Crossing.

 

* *

 

Proposed rules and regulations from the Recreation Division of DES for Community Room rental at Cortlandt Town Center.

 

 

 

RESOLUTION NO. 67–02 - RE:  Adopt rules and regulations for Community Room rental at Cortlandt Town Center.

 

Discussion:  Councilmember Farrell said he has not changed his views about rental of this facility and he will, therefore, vote no.

 

A polled vote of the Board was, as follows:

 

                        Councilmember Cerreto                                Absent,

                        Councilmember Sloan                                    Yes,

                        Supervisor Puglisi                                          Yes,

                        Councilmember Lindau                                  Yes,

                        Councilmember Farrell                                  No.

 

The motion was declared adopted.

 

* *     

 

Recommendations and proposed changes for use of S. Hebert Skate Park.

 

* *      

 

Town Hall security response from Safety Committee.

 

* *      

 

Press releases from Supervisor Puglisi regarding safety and security issues at Indian Point Energy plants.

 

* *      

 

Letter from Supervisor Puglisi to municipalities inWestchester County regarding joint appeal to Circuit Court of Appeals  on Millennium Pipeline decision.

 

There was no additional discussion:  ALL VOTED AYE.

 

* * * * *  

NEW BUSINESS

Correspondence:

Councilmember Farrell moved that the following documents be received and ordered filed, seconded by Councilmember Sloan:  ALL VOTED AYE.

 

Petition from Glenn Griffin requesting certain parcel be placed back into the Peekskill Sanitary Sewer District.  Forward, also, to Westchester County Board of Legislators.

 

* *     

 

Petition from the Town of Cortlandt requesting certain parcels located within the recently formed Conklin East Sewer District be placed back into the Peekskill Sanitary Sewer District.  Forward, also, to Westchester County Board of Legislators.

 

* *  

 

Letter dated January 17, 2002 from the Lakeland Central School District requesting the Town provide funding for construction of tennis courts at Walter Panas High School.

 

* *      

 

Letter from the Croton/Cortlandt Center for the Arts requesting matching grant funds for Westchester Arts Council support.

 

* *     

 

Letter dated January 23, 2002 from James McIntyre regarding water supply concerns in the area of Skylark Drive.  Refer, also, to DOTS.

 

There was no discussion:  ALL VOTED AYE.

 

* * * * * * * * * *       

 

 

NEW BUSINESS

Resolutions

(All resolutions adopted at this Town Board meeting are to be found affixed to the end of this document.)

 

Councilmember Sloan moved that the following resolutions be adopted  and the indicated item be removed, seconded by Councilmember Lindau:

 

RESOLUTION NO. 68–02 – RE:  Receive and file the DES study from Westchester County Civil Service and authorize title corrections in accordance.

 

* *     

 

RESOLUTION NO. 69–02 – RE:  Authorize additional six months leave of absence for Richard McIntyre, Co-Director of DES.

 

* *    

 

RESOLUTION NO. 70–02 – RE:  Appoint Thomas Keesler as Assistant Working Foreman for DES/Recreation.

 

Discussion:  Supervisor Puglisi said the Board is pleased to vote for Mr. Keesler, who has worked for the Town for many years.  There were many Town employees who applied for and were interviewed for the position and the Supervisor asked that they pursue some of the other opportunities made available to them in the near future.

 

Mr. Keesler, who was in the audience, was introduced by the Supervisor.

 

* *     

 

RESOLUTION NO. 71–02 – RE:  Appoint members to the Economic Challenge Committee for 2002 and designate Co-Chairpersons.

 

* *     

 

RESOLUTION NO. 72–02 – RE: Appoint the Pride in Cortlandt Committee for 2002.

* *    

 

RESOLUTION NO. 73–02 – RE:  Appoint members to Save our Lakes, Ponds and Streams Committee for 2002.

 

* *     

 

RESOLUTION NO. 74–02 – RE:  Appoint members to the Cortlandt Architectural Review Council for 2002.

 

* *    

 

Appoint member to the Cortlandt Veteran’s Committee for 2002.  (REMOVED)

 

Discussion:  Supervisor Puglisi said this would be removed until the March meeting to make certain of the accuracy of the resolution.

 

* *      

 

RESOLUTION NO. 75–02 – RE:  Appoint members to the Alarm Appeals Board for 2002.

 

* *    

 

RESOLUTION NO. 76–02 – RE:  Appoint members to the Cable Advisory Board for 2002.

 

* *    

 

RESOLUTION NO. 77–02 – RE:  Appoint members to the Town Electrical Board for 2002.

 

* *     

 

RESOLUTION NO. 78–02 – RE:  Appoint members to the Town Plumbing Board for 2002.

 

* *    

 

RESOLUTION NO. 79–02 – RE:  Appoint representatives to the Historic Rivertowns of Westchester for 2002.

* *    

 

RESOLUTION NO. 80–02 – RE:  Appoint members to the Hudson Highlands Gateway Task Force for 2002.

 

* *    

 

RESOLUTION NO. 81–02 – RE:  Appoint members to Traffic Safety Board and designate Chairperson for 2002.

 

There was no additional discussion:  ALL VOTED AYE.

 

* * * * *     

 

Councilmember Lindau moved for adoption of the following resolutions, seconded by Councilmember Farrell:

 

RESOLUTION NO. 82–02 – RE:  Appoint members to the Joint Advisory Committee of the Continental Village Park District for 2002.

 

* *    

 

RESOLUTION NO. 83–02 – RE:  Amend membership list for the Master Plan/Zoning Committee to include Larry Cashion as a non-voting representative from the Economic Challenge Committee.

 

* *     

 

RESOLUTION NO. 84–02 – RE:  Amend Resolution No. 19-02 to include three additional members to the Safety Committee for 2002.

 

* *   

 

RESOLUTION NO. 85–02 – RE:  Amend Resolution No. 347-01 to include two additional consultants available to the Planning Board for traffic review.

 

* *      

 

RESOLUTION NO. 86-02 - RE:  Authorize the Tecnology Committee to establish a public access computer site at Town Hall.

 

Discussion:  Supervisor Puglisi said  the Town is excited about having a PC available for the public’s use in the Cortlandt Town Hall corridor to access Town government information.  Councilman John Sloan, Purchasing Director Peter McMillan have worked very hard on this.

* *      

 

RESOLUTION NO. 87–02 – RE:  Authorize the Supervisor to execute an agreement with Bidnet for its E Procurement and a Bid Notification  System.

 

There was no additional discussion:  ALL VOTED AYE.

 

* * * * *     

 

Councilmember Farrell moved to adopt the following resolutions and remove the resolution as indicated,  seconded by Councilmember Sloan:

 

Authorize the Supervisor to execute a contract for the purchase of the Condon property.  (REMOVED.)

 

Discussion:  Supervisor Puglisi said the preceding item would be removed until the March meeting since the Board needs a few more particulars on the property.

 

Councilmember Farrell thanked the board for tabling this resolution and asked for the methodology of the appraisal on the property that yielded the price which strikes him as high.

* *   

 

RESOLUTION NO. 88–02 – RE:  Authorize the Supervisor to execute the 2001 Ambulance Agreements with the Village of Croton and City of Peekskill.

 

 

 

RESOLUTION NO. 89–02 – RE:  Authorize funding for historical events to be held on March 23, 2002.

 

* *    

 

RESOLUTION NO. 90–02 – RE:  Authorize the Supervisor to send an informational packet to the City of Peekskill regarding a gate at Chapel Hill and Woods III.

 

Discussion:  Supervisor Puglisi said we have a new Mayor in the City of Peekskill, Mayor John Testa and we will send he and his colleagues documents which will hopefully work towards opening the gate in these Peekskill developments which abut our borders.  This will allow residents to exit onto Route 202 at the traffic light rather than going down Maple Avenue and Lafayette Avenue.

 

It will be discussed with Peekskill officials in the near future.

 

* *    

 

RESOLUTION NO. 91–02 – RE:  Authorize a mediated settlement with respect to Mitchell Ross Associates for work performed at Charles Cook pool.

 

Discussion:  Councilman Farell said he will be voting “No” on the adoption of the preceding resolution.  He appreciates the work done by staff to achieve tis settlement and he respects board members’ decision to approve it.  However, he recommended a different route to deal with this vendor over  a year and a half ago since he was not at all pleased with the service provided.

 

A polled vote of the board was as follows:

 

                        Councilmember Cerreto                                Absent,

                        Councilmember Sloan                                    Yes,

                        Councilmember Lindau                                  Yes,

                        Supervisor Puglisi                                          Yes,

                        Councilmember Farrell                                  No.

 

The motion was declared adopted.

 

 

* *    

 

RESOLUTION NO. 92–02 – RE:  Authorize the Director of DOTS to solicit proposals for surveying required for Skylark/Hillcrest watermain replacement.

 

* *    

 

RESOLUTION NO. 93–02 – RE:  Authorize Director of DOTS to extend professional services agreement with Badey & Watson for Conklin East Sewer District.

 

* *  

 

RESOLUTION NO. 94–02 – RE:  Authorize the Director of DOTS to extend contract with Fourmen  Construction for additional roof repairs at Town Hall.

 

There was no additional discussion:  ALL VOTED AYE.

 

* *   

 

Councilmembers Sloan and Lindau then moved to adopt the following resolutions:

 

RESOLUTION NO. 95–02 – RE:    Schedule the following meeting dates:

 

            a.  Special Town Board work session to discuss the CIP and personnel

                 issues for Saturday, March 2, 2002 at 9:30 a.m.

 

b.      Joint board meeting with Peekskill, Yorktown for a Sustainable

Development progress report on Wednesday, March 6, 2002 at

7:00 p.m. at Cortlandt Town Hall.

 

c.       Joint board meeting with Yorktown to discuss common issues on

      Tuesday, April 9, 2002 at Yorktown.

 

Discussion:  Supervisor Puglisi said there are many issues to discuss and, even though work sessions are held every Monday night, there is more time needed for in-depth discussion on some matters.

 

There was no additional discussion:  ALL VOTED AYE.

 

 

 

* * * * * * * * * *        

 

ADDITIONS to the AGENDA

Councilmember Lindau moved to add the following items to the agenda, and authorize their adoption, seconded by Councilmember Farrell:

 

RESOLUTIONS

 

RESOLUTION NO. 96–02 – RE:  Authorize the Comptroller to issue a refund with respect to an incorrect water bill.

 

* *    

 

RESOLUTION NO. 97–02 – RE:  Authorize a Personal Service Agreement for surveying services from Route 9A to Battery Place.

 

* *    

 

RESOLUTION NO. 98–02 – RE:  Authorize DOTS to establish a biodiversity consultant’s list for applications before the Planning Board.

 

* *     

 

RESOLUTION NO. 99–02 – RE:  Authorize extending the term of the Condon lease to five years.

 

Discussion:  Supervisor Puglisi said we are part of the Northern Tier of Coalition which consists of five other municipalities, established in 1992 to address similar problems and issues.  One, in particular, is recyclables, mandated by New York State in 1992.  We conducted this operation together with the other municipalities and took them to the RESCO plant.  They will no longer be taken our recyclables and the Town will now do this on property that which is zoned industrial, across from the Camp Smith site where our Sanitation Department is located.  The County will be setting it up, manning it.  The Town of Cortlandt government will not have to expend any money on this regional operation that meets a state mandate of recycling.

 

* *     

 

RESOLUTION NO. 100–02 – RE:  Authorize the construction of internal access from the main Town Hall building to the adjacent building housing the Westchester County Police and other Town offices.

 

Discussion:  Supervisor Puglisi said when this Town Hall was being remodeled for our use, she had proposed that there be a door through the back corridor into what is now the Westchester county Police Department offices.  She was out-voted.  She said she now is glad this Town Board feels it to be a good idea.

 

* *      

 

RESOLUTION NO. 101–02 – RE:  Resolution in suport of the establishment of a Service Award Program for the Continental Village Fire Department.

 

There was no additional discussion:  ALL VOTED AYE.

 

* * * * * * * * * *      

 

BUDGET TRANSFERS

None.

* * * * * * * * * *  

 

REPORTS from VARIOUS DEPARTMENTS

None.

 

* * * * * * * * * *     

 

REPORTS from STANDING and SPECIAL COMMITTEES

None.

 

* * * * * * * * * *       

 

HEARING of CITIZENS, (second)

 

Speaker:      Sy Silverman

Subject:       Questioned whether drainage from Springvale would impact Pine Hill and

                      Birch Lane.

 

* *      

 

Speaker:       Lisa Perrone

                       Cedar Knoll Lane

Subject:         Questioned status of “no parking” request in her development

 

* * * * * * * * * *     

 

 

ADJOURNMENT

Supervisor Puglisi said the meeting will be adjourned in memory of Councilwoman Ann Lindau’s mother, Mrs. Carpenter.  She asked that everyone rise in respect to her memory.

 

Councilmember Farrell moved that the Town Board meeting be adjourned at 8:27 p.m.,     seconded by Councilmember Sloan: ALL VOTED AYE.

 

                                                                                   Respectfully submitted,

 

 

 

                                                                                   JO-ANN DYCKMAN,

                                                                                   Town Clerk