A Regular Meeting of the Town Board of the Town of Cortlandt was conducted on Tuesday, April 16, 2002 in the Vincent F. Nyberg Meeting Room of the Cortlandt Town Hall located at One Heady Street, Cortlandt Manor, NY (10567) with the following elected officials and appointed staff in attendance:
LINDA D. PUGLISI Supervisor
JOSEPH D. CERRETO Councilmember
FRANCIS X. FARRELL Councilmember
ANN LINDAU Councilmember
JOHN E. SLOAN Councilmember
Also present:
JO-ANN DYCKMAN Town Clerk
THOMAS F. WOOD, ESQ. Town Attorney
GLENN CESTARO Comptroller
EDWARD VERGANO Director, DOTS
JEFF TKACS Co-Director, DES
FRAN SURAK DES, Office of Aging
KATHLEEN BURLESON DES, Recreation
PETER McMILLAN Purchasing Director
CLAUDIA VAHEY Human Res. Director
CATHERINE M. HOFFMAN Deputy Town Clerk
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Supervisor Puglisi called the meeting to order at 7:30 p.m. She wished people in the community, in the nation – a hope of peace to all. “We live in trying times, but we are all hopeful that good will will prevail in our societies.”
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Supervisor Puglisi said, “We are all so very fortunate to live in this great nation, the United States of America, and to help us pledge our allegiance to the flag, there will be two scout troops to assist.” She called upon Boy Scout Troop #284 led by Scoutmaster Gene Mancuso and the Daisy Scouts from Troop # 2455 led by Bob Small, who led all in attendance in a Pledge to the Flag.
Following the pledge several members of Troop 284 performed a flag folding ceremony followed by presentation of the flag to their Scoutmaster.
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Supervisor Puglisi asked Councilpersons Cerreto and Farrell to join her at the podium. She introduced Brian Carey, Sean Finnegan and Sean Grady, Eagle Scouts, who spoke about the significance of attaining the rank of Eagle Scout, a prestigious award attained by only about two percent of Boy Scouts.
Councilman Cerreto said these individuals have done some tremendous work on very significant projects and are true leaders.
Councilman Farrell said he is very happy to honor these young men who not only did the physical work on their projects, but were also involved in the planning and organization. They then directed the efforts of other scouts who worked on the project.
Brian Carey discussed his project which involved surveying, identifying and preparing a map of trees on the “McAndrew’s” property in the Oscawana section of the Town. He said with the aid of a forester, identification tags were made for over forty different types of trees, some of which are rare to this area. He explained how scouting aids him in his daily life since he strives to live up to the Scout law, motto and slogan every day of his life.
Sean Finnegan said to become an Eagle Scout, you must exemplify and show the ability to demonstrate leadership and organizational skills. Team work is a very important part of becoming an Eagle Scout. Sean’s project consisted of restorative work on some of the headstones at Bethel Cemetery in Croton. After several months of obtaining approvals, talking to church officials, work began in documenting and getting information from the headstones, some of which date back to the 1700’s. While working in the cemetery, scouts learned some history of the community. The information was placed into a database and photographs taken by scouts were added. The last survey of the cemetery was in 1917 and after about 200 man-hours of work performed by the scouts and others. Eagle Scout Finnegan said they performed a significant service to the community.
Sean Grady said his project also consisted of working at the McAndrew’s estate, however in a different area from Brian Carey. He organized and supervised the clearing of two trails on the upper portion of the estate. A dam which created a lake on the property broke during Hurricane Floyd resulting in a mud flat which was filled with debris. Much hard, difficult work time was spent removing abandoned oil drums, tires and other debris using sledge hammers to break up various items and a car and pulley system to remove heavier, bulky items. Sean echoed the two previous scouts saying it means a lot to be an Eagle Scout. It takes a long period of time and a lot of work to attain this level of scouting, however, once you make it you live with these principles for the rest of your life.
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Supervisor Puglisi advised that we are experiencing a region wide drought emergency that the Town also implemented on March 26th of this year. We are typically about 91% capacity in our water resources at this time of the year, however this year there is only 50%, a very serious situation. She asked that everyone abide by use restrictions.
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Supervisor Puglisi thanked the Town Historians, Mr. Alan Morrison and Mrs. Laura Lee Keating, the Van Cortlandtville Historical Society, the Cortlandt Historical Society for the wonderful historic reenactment festivities held on March 23rd.
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Supervisor Puglisi said the Bear Mountain Bridge Road Tollhouse constructed in 1924 is under restoration and the grand opening of this regional information center will be held in September. She thanked Governor Pataki for his contribution of $500,000 for this project.
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The Town of Cortlandt is the recipient of a total of $578,000 in grant monies this year. Governor Pataki is responsible for the receipt of $260,000 which will be used for the Broadway Trail at Steamboat Dock and also $318,000 received from a Block Grant which will be used for sidewalks on Kings Ferry Road. She thanked Chris Kehoe of the Planning Division for the work involved in these grant applications.
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Supervisor Puglisi reported on a very productive meeting last week when the Cortlandt Town Board met in Yorktown for a joint board meeting together with the Supervisor and some members of the Town of Somers Town Board. Discussion was held on issues facing the communities today as well as joint cooperation on other projects which will result in more efficient use of tax dollars.
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On a roll call attendance taken by Town Clerk Jo-Ann Dyckman, all Town Board members indicated their presence.
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Councilwoman Ann Lindau said the Beautification Committee is in the process of planning for the planting of barrels.
She requested that people not use telephone poles, street signs, etc. for the placement of signs which advertise garage sales, etc. There is a Local Law prohibiting this practice and it will be enforced.
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Councilman John Sloan extended his congratulations to the Eagle Scouts who, he said, make a great addition to our community.
He also congratulated the many people involved in the skirmish of March 23rd. It was well attended both during the day and at the evening banquet.
Councilmember Sloan welcomed the many new television viewers, channel surfers futilely searching for a Yankee game.
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Councilman Frank Farrell recognized not only the three Eagle Scouts, but, also, Craig Stevens who had worked with Eagle Scout Sean Grady. Craig has been a member of the Town’s Oscawana Island/McAndrew’s Committee from its inception. He had a tremendous interest in the project and lent his expertise as a woodsman and naturalist.
Councilman Farrell noted that Brian Carey’s brother Sean was also an Eagle Scout about two years ago and had worked on the McAndrew’s project where he was involved in trail clearing. He said the Town owes a great debt of thanks and gratitude to our local Eagle Scouts and Pack 36 for their interest in the park.
Councilman Farrell said he was happy to participate in what he termed a very productive joint meeting with the Town of Yorktown. He said it was good to meet with Cortlandt’s counterparts to discuss items which bedevil both municipalities, most particularly traffic. The boards hope to continue this dialogue every three months. The Joint Waterworks partnership between Yorktown, Cortlandt and Montrose Improvement District is an example of how beneficial a coalition is.
On tonight’s agenda there is the consideration of turning the billing over to the Joint Waterworks in order to achieve greater efficiency in water billing. There will also be consideration given to upgrading our water meters to utilize technology which enables meter reading to be performed remotely from a vehicle, another extremely cost effective action. These meters will be phased in by our personnel over a three plus year period.
Councilman Farrell said Scenic Hudson will this year be conducting a program entitled the “Great River Sweep” which is a cleanup of the river. It will be organized in Cortlandt by Tino Martin. On April 20th a cleanup will take place at Steamboat Dock from 9 am to 1 pm and on April 28th at Annsville Creek. Last year more than 3,600 volunteers collected over 50 tons of bagged trash. More information may be obtained by calling T. Martin at 739-1414.
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Councilmember Cerreto extended thanks to the Town Historians for all their work which went into making the March 23rd skirmish celebration such a success.
They were able to reenact that particular incident which took place during the Revolutionary War on the day and on the site where it took place in 1777, a pretty rare occurrence.
Supervisor Puglisi thanked the cameraman, George, who was kind enough to tape the entire day for viewing on the Town’s public access cablevision station.
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Minutes of the regular meeting of March 19, 2002 were approved as presented by Town Clerk Jo-Ann Dyckman on motion of Councilmember Sloan, seconded by Councilmember Cerreto; ALL VOTING AYE.
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Town Clerk Jo Ann Dyckman read the Notice of Hearing as had been published in the official Town newspaper.
Supervisor Puglisi called the hearing to order at 8:20 p.m. and asked Tom Wood, Town Attorney, for his comments.
T. Wood said this local law would add a provision to the Town Zoning Ordinance which would increase the recreation fee from $4,000 to $6,000. Additionally, it would expand the imposition of recreation fees not only making it applicable to subdivisions, but also applying it to those residential housing projects that are created by use of a special permit or merely require site plan approval through the Zoning Ordinance. This is a new authority given to the Town Board by the State legislature and this local law would implement it and make it available for use in the Town.
Supervisor Puglisi said the Town is still a lot lower on this fee than many other municipalities.
There was no additional discussion and the Public Hearing was closed at 8:22 p.m. on motion of Councilmember Cerreto, seconded by Councilmember Lindau: ALL VOTING AYE.
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Councilmember Cerreto then moved for adoption of the following legislation seconded by Councilmember Lindau:
RESOLUTION NO. 128-02 – RE: Adopt negative declaration in the matter of increasing recreation fees per lot and on site plans and special permit projects.
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LOCAL LAW NO. 2-02 – RE: Authorize increasing recreation fees per lot and on site plans and special permit projects.
There was no discussion: ALL VOTED AYE.
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Public Hearing to consider a local law permitting the use of In Lieu of Tax Agreements.
Town Clerk Jo Ann Dyckman presented and read the Notice of Hearing as had been published in the official Town newspaper.
Supervisor Puglisi called the hearing to order at 8:23 p.m. and asked the Town Attorney for a brief overview.
T. Wood said during the course of the events of the last few years, the Town has had to grapple with the issue of assessment at the Indian Point facility. Last year the State legislature enacted a law that allows or gives the Town another tool with which to treat the entire tax situation for their facilities. This local law, if adopted tonight, gives the Town another tool. It is not a binding agreement. The next process would be for the Town to finalize a pilot agreement with the proponents of Indian Point. The adoption of this Local Law allows the use of pilot agreements for the nuclear facilities and it is the first step in the process of utilizing the authority granted to this Town Board by the State legislature in a special act adopted last year. The State legislature authorized the use of this by all the other communities. The Hendrick Hudson School District has already implemented it. The County of Westchester is working on their process and the Village of Buchanan is considering their options also.
There was no one who wished to comment and the public hearing was closed at 8:24 p.m. on motion made by Councilmember Lindau, seconded by Councilmember Farrell: ALL VOTING AYE.
Councilmembers Lindau and Farrell moved to adopt the following legislation:
RESOLUTION NO. 129-02 – RE: Adopt negative declaration in the matter of permitting the use of In Lieu of Tax Agreements.
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LOCAL LAW NO. 3-02 – RE: Authorize the use of In Lieu of Tax Agreements.
There was no discussion: ALL VOTED AYE.
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HEARING of CITIZENS, (agenda items only.)
None.
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Councilmember Farrell moved that the following reports be received and ordered filed, seconded by Councilmember Sloan:
March, 2002 - Office for the Aging/DES, Purchasing Department, Water
Division/DOTS, Receiver of Taxes, Town Clerk.
There was no discussion; ALL VOTED AYE.
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Correspondence:
Councilmember Sloan moved the following items of business be received and ordered filed and the resolution adopted, as indicated, seconded by Councilmember Cerreto:
Report/Audit of commercial trash pickup from the Department of Environmental Services.
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Letter from Gary Schell expressing dismay over stop signs on Shaw Highway and Cross Road.
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Report from DES recommending a three way stop intersection at Shaw Highway and Cross Road.
RESOLUTION NO. 130–02 – RE: Amend V & T. Code to provide for a three way stop intersection at Shaw Highway and Cross Road.
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Letter dated March 8, 2002 from the Verplanck Waterfront Preservation Committee regarding Riverview Avenue Improvements part of the Riverwalk project.
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Memo from Councilman Sloan suggesting Town take steps to secure available funding for air quality review study at the proposed Entergy Peaking facility.
There was no discussion: ALL VOTED AYE.
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NEW BUSINESS
Correspondence:
Councilmember Cerreto moved the following correspondence be received and ordered filed, amendments and resolutions adopted, as indicated, seconded by Councilmember Lindau:
Supervisor’s declaration of a drought emergency in accordance with the same emergency conservation measures declared by Westchester County and New York City.
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Reports from Supervisor Puglisi and Councilwoman Lindau regarding a DES vehicle replacement policy.
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Letter from Supervisor Puglisi to Cablevision expressing concern that residents cannot watch Yankees baseball games on Cablevision due to dispute with YES Network. AMENDED to authorize a resolution urging Cablevision to provide coverage of Yankee baseball games.
RESOLUTION NO. 131-02 – RE: Urge Cablevision to provide coverage of Yankee baseball games.
Discussion: Supervisor Puglisi thanked Glen Bucher, Chairperson of the Cable Advisory Board for giving her a sample resolution for the Town’s use.
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Petition from Fortunate Palumbo requesting a parcel at 11 Buttonwood Avenue be placed back into the Peekskill Sanitary Sewer District. Forward, also, to W. Co. Board of Legislators.
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Letter from Apropos Housing Opportunities and Management Enterprises, Inc.
regarding the Highlands at Radio Terrace.
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Letter/petition from residents of Hillcrest Drive expressing traffic concerns and littering. Refer, also, to DES.
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Letter from Peekskill Mayor John Testa regarding recyclables and the Northern Tier Coalition. Refer, also, to the Legal Department and DES.
There was no additional discussion: ALL VOTED AYE.
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Resolutions, (All resolutions adopted at this Town Board meeting are to be found in full context affixed to the end of this document.)
Councilmember Lindau moved that the following resolutions be adopted, and asked that Resolution No. 133 be voted on separately, seconded by Councilmember Farrell:
RESOLUTION NO. 132–02 – RE: Appoint Susan Gordon to the title Intermediate Clerk, probationary.
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RESOLUTION NO. 133–02 – RE: Appoint Denise Lowry to the title Receptionist, provisional.
A polled voted on the preceding resolution resulted in the following:
Councilman Sloan Yes,
Councilman Cerreto Yes,
Supervisor Puglisi Yes,
Councilwoman Lindau` No,
Councilman Farrell No.
Resolution No. 133-02 was declared adopted.
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RESOLUTION NO. 134–02 – RE: Appoint Deborah Paul to the title Senior Typist, probationary.
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RESOLUTION NO. 135–02 – RE: Appoint Donna White to the title Senior Recreation Leader, provisional.
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RESOLUTION NO. 136–02 – RE: Appoint Mellisa Fontan to the title Senior Recreation Leader, provisional.
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RESOLUTION NO. 137–02 – RE: Appoint Sedgwick Rechin to the title Animal Control/Parking Enforcement Officer, provisional.
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RESOLUTION NO. 138–02 – RE: Appoint Carol Conklin to the title Cleaner in DES, probationary.
There was no additional discussion: ALL VOTED AYE.
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Councilmember Farrell moved that the following resolutions be adopted, seconded by Councilmember Sloan:
RESOLUTION NO. 139–02 – RE: Appoint four seasonals to the Department of Environmental Services.
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RESOLUTION NO. 140–02 – RE: Authorize the settlement of a tax certiorari with respect to property known as Watergate Motel.
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RESOLUTION NO. 141–02 - RE: Authorize the Supervisor to execute an Intermunicipal Agreement with members of the Northern Tier communities for use of the transfer station at Roa Hook Road.
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RESOLUTION NO. 142–02 – RE: Authorize the Supervisor to execute an agreement with General Code Publishers for an Outside Sales Program for Town Code books.
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RESOLUTION NO. 143–02 – RE: Authorize the Supervisor to execute a Project Agreement with the New York State Department of Transportation for improvements at the intersection of Route 202/Lafayette Avenue and the Hudson Valley Hospital Center.
Discussion: This project has been under consideration for a while and will include turning lanes, ingress and egress to the hospital which will coincide with the new traffic light, all of which is being paid for by NYS DOT.
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RESOLUTION NO. 144–02 – RE: Authorize DOTS to seek requests for proposals for engineering and design services.
There was no additional discussion: ALL VOTED AYE.
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Councilmember Sloan moved for adoption of the following resolutions, seconded by Councilmember Cerreto:
RESOLUTION NO. 145–02 – RE: Authorize an Intermunicipal Agreement with the Northern Joint Water Works for billing.
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RESOLUTION NO. 146–02 – RE: Authorize an Intermunicipal Agreement with the Northern Joint Water Works for the joint purchase of new water meters.
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RESOLUTION NO. 147–02 – RE: Authorize a Professional Service contract for survey services for the Skylark/Hillcrest waterline replacement.
Discussion: Supervisor Puglisi said after several years of discussion, the Town is pleased to be able to bring this to fruition.
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RESOLUTION NO. 148–02 – RE: Authorize a Professional Service Contract for environmental assessment services for property located on Craft Lane.
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RESOLUTION NO. 149–02 – RE: Authorize a Professional Service Contract for survey services for the Sprout Brook Park development.
There was no additional discussion: ALL VOTED AYE.
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Councilmember Cerreto moved that the following resolutions be adopted, as amended, seconded by Councilmember Lindau:
RESOLUTION NO. 150–02 – RE: Authorize invitations to bid for Westbrook Drive/Oregon Road intersection improvements including the replacement of water mains.
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RESOLUTION NO. 151–02 – RE: Authorize invitations to bid for the Stephens Lane pump station up-grade. AMENDED to – Authorize the Director of DOTS to proceed on an emergency basis to Stephens Lane pump station upgrade.
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RESOLUTION NO. 152-02 – RE: Authorize invitations to bid for the Route 9A/Montrose sidewalk project.
Discussion: Supervisor Puglisi said the Town is attempting to receive grants and proceed with sidewalks in the appropriate areas of our community where possible.
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RESOLUTION NO. 153-02 – RE: Authorize and direct DOTS staff to prepare a map, plan and report for a proposed commercial sewer district on Route 6.
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RESOLUTION NO. 154-02 – RE: Schedule a Public Hearing for May 14, 2002 to consider a Local Law for mandatory water regulations within the Town.
There was no additional discussion; ALL VOTED AYE.
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Councilmembers Lindau and Farrell moved for adoption of the following resolutions:
RESOLUTION NO. 155-02 – RE: Authorize the reduction of security from $115,000 to $50,000 in accordance with Planning Board Resolution No. 19-02 for property known as “Stonefield Farms.”
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RESOLUTION NO. 156-02 – RE: Authorize release of security in the amount of $50,000 in accordance with recommendation of the Director of DOTS and the reduction of security in the amount of $25,000 to $3,000 in accordance with Planning Board Resolution No. 18-02 for property known as “Locust Manor Estates.”
Discussion: Councilmember Farrell asked Mr. Vergano if he was comfortable with the sight distance improvements which had been made at this site and assurances that $3,000 would be sufficient funding to make any correction.
Supervisor Puglisi also asked about tree replacement that was ordered after unauthorized tree felling on the property.
Ed Vergano said there has been a substantial improvement in the sight distance. An agreement had been entered into with the developer for restoration of some of the trees that had been felled and that has progressed nicely. At this point, Mr. Vergano said he feels $3,000 is more than adequate to address the remaining issues.
Supervisor Puglisi said she has talked to a few of the neighbors and they seem to be satisfied with the tree restoration.
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RESOLUTION NO. 157-02 – RE: Authorize the refund of $2,250 for an application fee paid by Princewood Properties, LLC.
Discussion: Supervisor Puglisi said the refund is being given because the project will not go forward
There was no additional discussion: ALL VOTED AYE.
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ADDITIONS to the AGENDA
Councilmember Farrell moved that the following items of business be added to the agenda, seconded by Councilmember Sloan, ALL VOTING AYE.
Councilmembers Farrell and Sloan moved that the following communications be received and ordered filed and the resolution adopted:
Letter from the Keon Center requesting a wage increase for their temporary seasonals.
RESOLUTION NO. 158-02 – RE: Authorize a wage increase for temporary seasonals employed by the Keon Center.
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Memo from the Director of DOTS regarding the Planning Board recommendation on a cluster authorization request for Jacob Hill Crossing. Refer to Planning Board and DOTS/Planning.
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Letter from residents of DiRubbo Drive and Locust Avenue. Refer to DES and Code Enforcement.
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Letter from the Montrose Fire District with respect to emergency radio service. Refer, also to the Legal Department and DOTS.
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Letter dated April 9, 2002 from Andrew Fischer regarding joint board meetings with adjacent municipalities.
Discussion: Supervisor Puglisi said Mr. Fischer has suggested that perhaps the Planning Boards of adjacent municipalities should also meet for joint discussions.
There was no additional discussion: ALL VOTED AYE.
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Councilmember Farrell moved that the following resolutions be adopted and remove the proposed resolutions as indicated, seconded by Councilmember Sloan:
RESOLUTION NO. 159-02 – RE: Appoint Marguerite Ferrante to title Intermediate Typist in accordance with W. Co. Civil Service procedure.
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RESOLUTION NO. 160-02 – RE: Appoint Janice LaFava to the title Intermediate Typist in accordance with W. Co. Civil Service procedure.
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RESOLUTION NO. 161-02 – RE: Authorize the Supervisor to execute a two year contract with the AFSCME union.
Discussion: Town Attorney T. Wood said if approved by the Town Board, this would authorize consent to our current contract for two years. It provides for a 3 ½ % wage increase each for those years and also provides for brief changes in the way it does business. Number one is it would eliminate a $25,000 a year expense on a uniform payment that had been made to our workers. It would also eliminate the summer time hours traditionally in the contract for many years. Before air conditioning, the hours of the workers were reduced by a half hour a day during June, July and August. Also eliminated is the managerial issue of the 120 day rule which it is believed will help the Town manage things more efficiently. If approved, these are the major changes that will take place under the collective bargaining agreement.
Supervisor Puglisi advised that the AFSCME members had approved the agreement in a three to one vote during the last evening.
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RESOLUTION NO. 162-02 – RE: Authorize invitations to bid with respect to water line testing.
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RESOLUTION NO. 163-03 – RE: Schedule an In Rem sale for October 17, 2002.
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Schedule a tax lien sale for May 20, 2002. (REMOVED).
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BUDGET TRANSFERS
Councilmembers Farrell and Sloan moved to adopt the following resolution:
RESOLUTION NO. 164-02 – RE: Authorize budget transfers.
Discussion: Glenn Cestaro, Comptroller, gave explanation to the transfers, a copy of which is affixed to the original resolution.
There was no further discussion: ALL VOTED AYE.
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REPORTS from VARIOUS DEPARTMENTS
Supervisor Puglisi introduced Honorable Daniel O’Neil, newly elected Mayor of the Village of Buchanan.
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REPORTS from STANDING and SPECIAL COMMITTEES
None.
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Speaker: Mary Cronin
201 Cleveland Drive
` Croton-on-Hudson
Subject: Close Indian Point. Ask the Town to pass the Riverkeeper resolution.
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Speaker: John Rainey
Subject: Closure of Indian Point. Ask to place Riverkeeper resolution on next
Town Board agenda.
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Speaker: Peter Moray
54 Pamela Road
Subject: Closure of Indian Point.
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Speaker: Mark Jacobs
46 Highland Drive
Continental Village
Subject: Closure of Indian Point
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Speaker: Dan O’Neil
Mayor, Village of Buchanan
190 Catherine Street
Subject: There are potential risks for every type of electricity production.
Supports operation of Indian Point plants.
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ADJOURNMENT
Councilpersons Cerreto and Lindau moved that the meeting be adjourned at 9:35 p.m., ALL VOTING AYE.
Respectfully submitted,
JO ANN DYCKMAN,
Town Clerk