March 11, 2003

Town Board Minutes

A Regular Meeting of the Town Board of the Town of Cortlandt was conducted on Tuesday, March 11, 2003 in the Vincent F. Nyberg meeting room of the Cortlandt Town Hall, One Heady Street, Cortlandt Manor, NY (10567) with the following elected officials and appointed staff in attendance:

                       LINDA D. PUGLISI                                        Supervisor
                       FRANCES X. FARRELL                                Councilman
                       ANN LINDAU                                                Councilwoman
                       JOHN E. SLOAN                                           Councilman

Absent:            JOSEPH D. CERRETO                                  Councilman
                                                                                           (due to military service)

Also present:     JO-ANN DYCKMAN                                      Town Clerk
                        THOMAS WOOD, ESQ.                                Town Attorney
                        GLENN  CESTARO                                       Comptroller
                        EDWARD VERGANO                                    DOTS/Director
                        KATHLEEN BURLESON                                DES/Dir. Highway
                                                                                            DES/Recreation
                        FRAN SURAK                                               DES/Office of Aging
                        PETER McMILLAN                                        Purchasing Director
                        JEFF TKACS                                                Homeland Safety Coord. 
                        CLAUDIA VAHEY                                          Human Res. Dir.
                        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 introduced Tracy Thornton, a junior at Lakeland High School, as well as a Senior Girl Scout.  She was joined by her mother, Beverly Thornton, in leading all in attendance in a Pledge to the Flag.

* * * * * * * * * *    

SUPERVISOR’S REPORTS on PROJECTS and ISSUES

Supervisor Puglisi said that Councilman Joe Cerreto is currently on active military duty.  “We are in contact him via email so he will continue to be apprised of the Town’s business at hand and give comments and make suggestions.”

* *    

Supervisor Puglisi thanked all of the employees who have done such a tremendous job during this very difficult winter season, specifying members of DES, DOTS/Water Division, and the new Director of the Department of Environmental Services, Kathleen Burleson.  She thanked residents for their patience and cooperation.

* *    

There are two parades this coming weekend to celebrate St. Patrick’s Day;  Peekskill on Saturday at 2 p.m. and in Buchanan on Sunday.

* *     

Over one hundred volunteers on the Town’s various boards and committees attended a “volunteer breakfast” this last Saturday sponsored by the Supervisor and Town Board recognizing and thanking them for their service to the community.

* * * * * * * * * *      

ROLL CALL

On a roll call attendance taken by Town Clerk Jo-Ann Dyckman, all board members indicated their presence with the exception of Councilperson Joseph Cerreto, who is on active military duty. 

* * * * * * * * * *       

TOWN BOARD REPORTS

Councilmember John Sloan commended the Highway Department for a “thoroughly good job” in getting rid of the snow.

He commented on Indian Point saying there had been a great deal of discussion about closing down Indian Point because of what the Witt report said about an evacuation plan.  Through the Congressional hearings that have occurred over the last couple of weeks, both the print and the television media have all been calling for the closure of Indian Point immediately, no conditions asked.

To Councilman Sloan’s mind, this is a great injustice upon us locally.  Local issues have not been part of anyone’s discussion.  Local issues which directly impact us are the effect on the taxpayers of Cortlandt, the effect on the employees of the plant and the need for electricity and replacement of the 2,000 megawatts that the plant currently generates. that would have to be replaced. 

For the people who want to close Indian Point, he said there are two mindsets involved in the local issues.  Mindset number one says that it’s truly a shame that the workers have to be affected.  We wish there was some other way to get around this problem of safety and terrorism.  Mindset number two says they don’t care, the plant has to be closed no matter what local conditions are. 

He feels it important that somebody like this board raise issues, parochial as they may be, but the issues the board is paid to represent.  These issues should be intruded into any thinking or conversation with regard to closure of Indian Point.  This not only includes critics of Indian Point, but also the various levels of government from the County to the State to FEMA, NRC, Congress people – any who will be forming a consensus opinion on what to do with the future of Indian Point.

Councilman Sloan said if these issues are left “post-closing Indian Point” the workers and taxpayers will be very adversely effected.

Today Indian Point generates approximately $365 Million Dollars to the local economy.  It generates something like $1.9 Million Dollars to the Hendrick Hudson School District and certainly a fast decommissioning of the plant would have an absolutely pulverizing impact upon the taxpayers of Hendrick Hudson, its administration and students, as well as a ripple effect throughout our area.

Other communities throughout Westchester don’t see the same impact we do.  They look at Indian Point under two criteria – one is safety and the other is electrical rates.  We have other concerns.

He read from a resolution recently adopted by the Hendrick Hudson School District

stressing development of a financial plan eliminating the negative real estate tax implications on the local communities.

A second point the school board makes is the “development of a plan to positively consider the current employees.  Such consideration will include job placement, retraining of effective workers and other employment strategies.”

A third point they make is the “development of an alternative, uninterrupted affordable energy source.”

They conclude their resolution as follows:  “RESOLVED, that all steps listed above be completed prior to a decision for the temporary closure or premature decommissioning of the facility.”

Councilman Sloan said he fully agrees with the points they want to make and the intent they want to make.  His outlook several months ago was along these lines,  but he wanted something more detailed.  The points that he wants to make mirrors the three points contained in the Hendrick Hudson proposal.

Councilman Sloan’s points are, as follows:

1.)    Retention of the Pilot Agreement.

2.)    Two months compensation for every year employed for the Indian Point employees with medical and pension benefits as appropriate.

3.)    Signed contracts or suitable legal instruments for replacement of the 2000 megawatts.

He said his proposal differs from that of Hendrick Hudson School District in that his proposal could actually come up with a dollar value that would be part of any decision or consideration of closing Indian Point.

“The Pilot Agreement we currently have with Entergy Corporation is worth at least Two Hundred Million Dollars.  The compensation of an employee is a lot of money and I’m calling for signed contracts prior to the closing of the plant, not wishful thinking about alternate energy sources that would take ten or twenty years, if ever to fully develop.  We need to see guaranteed sources of electricity.”

“Indian Point is the only real estate in the United States where people are giving up on account of fear.  We’re not giving up on reservoirs.  We didn’t give up on airports.  We didn’t give up on bridges or ballgames.  Indian Point, however, is the only place where some people are willing to concede two hundred and ninety-four acres on account of fear.  I don’t think that’s the way to go.  I think Indian Point should be protected.  I think the Witt report gave a Cliff-notes version of all the things that one could do to correct the evacuation plan so that it’s highly acceptable.”

“I haven’t seen any levels of government roll up their sleeves and say ‘Okay, there’s fifty things in the Witt report or maybe five hundred, that tell us how to improve the current evacuation plan.  Let’s get it done.’”

“Hendrick Hudson School District thought it necessary to end their resolve by saying, ‘In the event of a closing or decommissioning of the plant’.  “I don’t want anything I said to be interpreted that we’re giving up some slack with regard to supporting the plant, but having to protect it, or anything that I said that’s an endorsement to say let’s eventually close the plant.  If anybody construes that, they would be a liar, because that is not what I’m saying at all and there should be no misinterpretation whatever.”

“What I’m saying is that it’s prudent for us, given the stakes involved and given where the direction is going in the media with regard to Indian Point, to hedge our bet and to get issues that are of significant importance to us as part of the discussion of Indian Point.”

* *     

Councilwoman Ann Lindau thanked Kathleen Burleson and staff for all the extra excellent work performed during the snowstorms of the winter.

On March 26th at Colonial Terrace the Hudson Valley Gateway Chamber of Commerce is holding their business expo from 3 p.m. to 7 p.m.  There is no charge and it is being sponsored by local businesses.  Cortlandt will be having a table and our Economic Challenge Committee has been working very hard to support this.  For additional information call 737-3600 or visit www.hvgatewaychamber.com.

* *     

Councilman Frank Farrell said since significant storms occurred this winter on Christmas Day, Sunday and Presidents’ Day weekend, this resulted in double time payments to all the crews that worked creating a serious budgetary impact.  He commended Kathleen Burleson for her management of the storm, as well as the people who worked for her.  Although final numbers are not in, it would appear we are close to $200,000 over budget.  Of the $35,000 budgeted for plow parts and repairs, only about $12,000 was spent, perhaps meaning our fleet is in pretty good shape.  Roads are now severely potholed and will require a lot of attention this weekend.

Tonight the board is to be voting on lighting at the skate park on Memorial Drive.  It is a well used facility and the Town would like to extend the hours it may be used.

The Town Board recognizes that since they are the host community for the Indian Point facility, we are literally on the front line for any evacuation planning or implementation.  To that end we have established the position of Safety and Security;  appointed one of our top managers, Mr. Jeff Tkacs, to that position.  He’s been attending many meetings and has read volumes of material.  He’s been submitting the Town’s replies to the Witt Report and has been laying the groundwork for what is hoped to be better cooperation with all the related agencies that are going to be redesigning this plan.  The Witt report does condemn the evacuation plan outright, but indicates that a lot of work needs to be done. 

Councilman Farrell has recommended to the board that when government grants become available, we apply for reimbursement for our expenses related to Mr. Tkacs’ position as 

Homeland Safety Coordinator.

On tonight’s agenda is an item for purchase of a trailer that will be used to provide a focal point on any scene where emergency services are required.  This is also an item that we can seek reimbursement for.

* *     

At request of the Supervisor, Jeff Tkacs gave a report.  He said the James Lee Witt report is now in its final form with the addition of Appendix K, a sixty-eight page report with the results of comments from government and other agencies to the preliminary draft report.  The staff is reviewing all comments and he expects that by the end of March they will meet with one of the government coalition groups to further review with those elected officials from the northern communities their thoughts and reactions to its implementation.

The Town of Cortlandt Homeland Safety Program now has a website that may be accessed through the www.townofcortlandt.com.  It provides basic information and links to other involved agencies.

The Town of Cortlandt Task Force for Emergency Planning is one of six registered citizens’ corps councils registered in New York State.  That provides us with an opportunity to access immediately upon release of the funding sources, funding for training and or equipment for emergency first responders in the local area.  The corps council is also a prerequisite to engaging in the recruitment and training of volunteers to assist in a wide range of support issues.  All of this comes under the federal homeland security issues, the Red Cross programs of preparing for the unexpected.

The trailer that’s on the agenda tonight is the forerunner of the Town of Cortlandt positioning itself to be a little bit more independent and self sufficient to have a local first response, depending on the type of disaster.

Now we’re in a position to provide support and disaster supplies for residents who are suffering from a local state of emergency.  Along with the trailer, we’ll be recruiting volunteers to assist.  The trailer can also be utilized for a severe weather event.

Also available on the Town’s website for downloading is the federal government’s homeland security pamphlet entitled “Getting Ready Now” which was released a few weeks ago by Secretary Tom Ridge.

* *     

Supervisor Puglisi said today she had a phone conversation with the Supervisor from Orangetown, Rockland County regarding a couple of similar issues.  He’s been very happy to read of our progress with our colleagues in Cortlandt and the adjacent municipalities.

* * * * * * * * * *     

PUBLIC HEARINGS

(A transcript of the following public hearing is on file in the Office of the Town Clerk.)

Reconvene an adjourned Public Hearing from February 11, 2003 to consider the adoption of Local Laws enacting updated Wetlands and Steep Slopes Laws.

Supervisor Puglisi said this is with regard to strengthening our environmental laws.  She gave special thanks to the Conservation Advisory Council under the chair of Doris Lang for all of their hard work.

T. Wood said the Town Board adjourned the hearing last month to see if they would receive any further public comments.  They have not.  Basically these laws refine the definitions in the ordinances, they increase the buffer areas required around wetlands areas, increase penalties and clarify procedures.

T. Wood, (cont.) The Steep Slopes Law also clarifies the prohibitions with respect to construction, not allowing construction or disturbance to certain slopes.  It’s the culmination of significant review work by the CAC with comments from various departments.

There was no one further wishing to speak and the public hearing was closed on motion made by Councilmember Lindau, seconded by Councilmember Farrell.  All voting AYE.

* * * * *      

Councilmembers Lindau and Farrell then moved to adopt the following legislation:

RESOLUTION NO. 100-03 – RE:  Adopt Negative Declaration in the matter of amending the Wetlands Law.

* *    

RESOLUTION NO. 101-03 – RE:  Adopt Negative Declaration in the matter of amending the Steep Slopes Law.

* *     

LOCAL LAW NO. 2-03 – RE:  Adopt amendments to the Wetlands Law.

* *     

LOCAL LAW NO. 3-03 – RE:  Adopt amendments to the Steep Slopes Law.

There was no additional discussion.  All voted AYE.

* * * * *

Public Hearing to consider a Local Law exempting employees of the Court from residing within the Town of Cortlandt.

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 Public Hearing to order, asking the Town Attorney to give a brief overview.

Thomas Wood, Esq., said the Department of Civil Service of Westchester County has broadly interpreted certain provisions of the New York State Town Law and the residency requirement includes any part time or periodic workers such as occasional stenographer that might be used in Court, etc.  It is their recommendation that the Town Board use its authority under the Municipal Home Rule Law and file this exemption so that we’ll not have any Civil Services issues.

There was no additional person wishing to speak and the public hearing was closed on motion made by Councilmember Farrell, seconded by Councilmember Sloan, ALL VOTING AYE.

* * *

Councilmember Farrell moved for adoption of the following resolution and local law, seconded by Councilmember Sloan:

RESOLUTION NO. 102-03 – RE:  Adopt negative declaration in the matter of exempting employees of the Court from residing within the Town of Cortlandt.

* *

LOCAL LAW NO. 4-03 – RE:  Exempt employees of the court from residing within the Town of Cortlandt.

There was no additional discussion.  All voted AYE.

* * * * *

Public Hearing to consider expanding Cortlandt Ambulance District No. 1

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.

T. Wood said the Town Board had previously received a request for them to consider establishing a service awards program with respect to the Cortlandt Volunteer Ambulance Corps which performs volunteer ambulance services for Cortlandt Ambulance District #1 and that part of the Village of Buchanan which is outside of the Verplanck Fire District.  The process in order to establish a Service Awards Program requires that the program be presented to the voters for a referendum. 

The unique circumstances presented to the Town is that the Village of Buchanan is serviced partially by the Verplanck Fire District which provides ambulance service and the rest of it is under contract to the Cortlandt Volunteer Ambulance Corps.  In order to get to the next step to consider establishing a Service Awards Program, the Town Board must go forward with the process of expanding Ambulance District #1 to include that part of the Village of Buchanan not serviced by the Verplanck Fire District. 

If they decide to do that, tonight they will adopt a resolution indicating their intent .  That will be forwarded to the Village Board of the Village of Buchanan.  If the Village Board consents, it then comes back to the Town Board.  The Town Board would then expand Ambulance District #1 and adopt a resolution scheduling a referendum to be held for all residents of the new Ambulance District #1 which would include basically the area now covered by our Ambulance District #1 which is approximately the district boundaries of the Montrose Fire District and, also then, the newly included area of that part of the Village of Buchanan outside of the Verplanck Fire District.

The Services Awards Program would then be established and go into effect next year which allows certain credits to be earned by volunteer members in their volunteer service.  After a period of years they would be eligible for a retirement benefit from that program.

Mary Chapyak, Croton:  Thanked the Supervisor and Town Board for working with the ambulance corps to achieve this.

There was no one additional wishing to speak and the Public Hearing was closed on motion of Councilmember Sloan, seconded by Councilmember Lindau, ALL VOTING AYE.

* * *    

RESOLUTION NO. 103-03 – RE: Adopt a negative declaration in the matter of expanding Cortlandt Ambulance District No. 1.

* *    

RESOLUTION. NO. 103A-03 – RE:  Authorize expanding Cortlandt Ambulance District No. l. and forward to the Village of Buchanan for their consent.

There was no discussion.  All voted AYE.

* * * * * * * * * *      

HEARING of CITIZENS, (agenda items only.)

Speaker:         Andrew Fischer, Knollwood Road, Cortlandt Manor.

Subject:           a. Wilder Balter resolution, (8A under Old Business.)

                        b. Sewer diversion proposal, (12 under Old Business.)

                        c. Letter from Westchester Land Trust re. Hollowbrook,

                                                                        (3 under Additions to Agenda.)

                        d. Complimented efforts of DES/Highway during storms.

* * * * * * * * * *    

REPORTS

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

January, 2003 -          Purchasing, DOTS/Water and Receiver of Taxes.

February, 2003 -         Purchasing, DES/Office of Aging, Town Justices, Town Clerk.

There was no discussion.  All voted AYE.

* * * * * * * * * *      

OLD BUSINESS

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

Report from the Traffic Safety Committee regarding Route 202 and Conklin.  AMENDED to include “and forward a letter to HVHC requesting they correct same.”

* *     

Memo from the Code Enforcement Division of DOTS on Hillcrest Avenue and the use of ATVs.

* *    

Deposits and offers to purchase with respect to adjoining property owners and In Rem parcels.

* *    

Letter dated February 24, 2003 from the NYS DEC. regarding Westchester Lake Dam and Cortlandt Lake Dam.

* *   

Memo from the Planning Division of DOTS with respect to site plan compliance by Shop Rite located on Route 6.

* *      

Memos from DOTS and DES with respect to Shaw Highway.

*   

RESOLUTION NO.  104-03 – RE:  Authorize the Director of DOTS to solicit bids for surveying services on Shaw Highway.

* *     

Memo from the Zoning Board of Appeals with respect to requiring proof of tax payment by applicants.

There was no discussion.  All voted AYE.

* *    

Councilmember Farrell moved that the following resolutions be adopted and the document be referred as indicated, seconded by Councilmember Sloan:

Letter from Wilder Balter Partners LLC with respect to the proposed Jacobs Hill Crossing.  Authorize the following:

RESOLUTION NO. 105-03 – RE:  Acknowledge an application by Wilder Balter Partners LLC to the NYS Division of Housing and Community Renewal.

*

RESOLUTION NO. 106-03 – RE:  Authorize a traffic study to be funded by the developer with respect to Route 6 and Jacobs Hill Crossing.

*

            Refer all of the Above to the Planning Board for their information.

Discussion:  Supervisor Puglisi said this is a concept that is being proposed.  It will go to the State and other entities to seek funding to perhaps do an alternative plan on this site to provide affordable housing for senior citizens and, perhaps, for all age groups. 

Councilmember Farrell said the resolution indicates a willingness by the board to seek an alternative use of the land and a willingness to consider the developer’s alternative proposals to provide some housing that we think is needed.  He said the board is not binding its hands in any way – it’s just a willingness to talk.

Councilmember Sloan questioned whether the application read “affordable housing” or “senior affordable housing.”

Councilmember Farrell said Mr. Balter’s letter of February 28, 2003 indicates “these apartments will be restricted to households where one member of the household is fifty-five years of age or older.  Rents will be affordable for tenants with a maximum family income, etc., etc.”  He then read the resolution which indicated “affordable senior housing.”

Mr. Balter, who was in the audience said he was merely asking for the board’s endorsement of their application for funding.

A polled vote of the board taken by Town Clerk Jo-Ann Dyckman was, as follows:

            Councilmember Sloan                                                Yes
            Supervisor Puglisi                                                      Yes
            Councilmember Lindau                                               Abstain
            Councilmember Farrell                                               Yes

The motion was declared adopted .

* * * * *    

Councilmembers Farrell and Sloan then moved that the following documents be received and ordered filed, as amended, adopting any resolutions, as indicated:

Stormwater Management Notice of Intent prepared by the Department of Technical Services.

* *      

Memo from the Supervisor and Town Board with respect to sewer diversion as it relates to the DEP and the Town of Yorktown Diversion Plan.

* *     

Letter from the Town Board to the New York State Comptroller with respect to finalizing 207C issues.

* *     

AMENDED to read, Letter from the Town Board to NYS DEC. requesting a contract extension with respect to Brownfield Reimbursement funds.

* *     

Memos from the Legal Department and Dots with respect to the Greenway Compact.  AMENDED to include the following:

RESOLUTION NO. 107-03 – RE:  Schedule a public hearing for April 15, 2003 to consider the Greenway Compact.

* *     

Report from DOTS with respect to a sewer connection by the Hendrick Hudson School District.

RESOLUTION NO. 108-03 – RE:  Authorize placement of a sewer connection by the Hendrick Hudson School District with the Town of Cortlandt road right-of-way.

There was no discussion.  All voted AYE.

* * * * * * * * * *      

Correspondence:

Councilmember Sloan moved that the following documents be received and ordered filed:

Letter from Bergstol Enterprises with respect to the proposed Hollowbrook Golf Club at Cortlandt.  Refer, also to Legal, DOTS and PRC.

* *     

Report and Activity Summary from the Homeland Safety Coordinater dated March 3, 2003.

* *     

Town’s Annual Financial Report to the New York State Comptroller.

* *    

Letter from the Old Van Cortlandtville Cemetery Association seeking funding for restoration.  Refer, also, to the Legal Department and Comptroller.

* *    

Report from DES with respect to participation in the Westchester County Recycling Program.

* *     

A copy of an Agreement for professional services with respect to the Northern Joint Waterworks.

There was no additional discussion.  All voted AYE.

* * * * * * * * * *     

RESOLUTIONS

(All resolutions adopted at this Town Board meeting are to be found in full context attached to the original copy of the document.)

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

RESOLUTION NO. 109-03 – RE:  Appoint Darlene Mazza to the title “Intermediate Account Clerk” in the Receiver of Taxes Office.

Discussion:  Supervisor Puglisi said Ms. Mazza is currently a temporary employee who is now being made permanent.

* *     

RESOLUTION NO. 110-03 – RE:  Appoint Constance Oswald to a part-time position in the Court Clerk’s Office.

Discussion:  Supervisor Puglisi said Ms. Oswald is a new part-time employee.

* *    

RESOLUTION NO. 111-03 – RE:  Appoint three DES laborers to the title “Motor Equipment Operator.”

Discussion:  These three employees have been working for the Town for awhile and are being upgraded.

* *       

RESOLUTION NO. 112-03 – RE:  Appoint a DES employee to the title “Lead Maintenance Mechanic (Automotive.)”

Discussion:  This employee has worked for the Town for a number of years and this will be upgrading him.

* *     

RESOLUTION NO. 113-03 – RE:  Authorize a salary correction with respect to the title “Lead Maintenance Mechanic, (DES/Sanitation.)”

* *      

RESOLUTION NO. 114-03 – RE:  Authorize revising the Temporary Service Pool list.

* *     

RESOLUTION NO. 115-03 – RE:  Authorize purchase of an emergency shelter and supply trailer from the Red Cross.

Discussion:  Supervisor Puglisi said she thinks this is a terrific idea and hoped that we will never have to use it.  It will, however, be available to assist the community in the event of need.

There was no additional discussion.  All voted AYE.

* * * * *      

Councilmember Lindau moved that the following resolution be adopted, seconded by Councilmember Sloan:

RESOLUTION NO. 116-03 – RE:  Authorize a settlement of a tax certiorari with respect to property owned by Thomas Antonucci, Jr.

Discussion:  Councilmember Farrell said he has a professional relationship with the applicant and he will, therefore, abstain.

A polled vote of the board taken by Town Clerk Jo-Ann Dyckman resulted in the following:

                        Councilmember Sloan                                    Yes
                        Supervisor Puglisi                                          Yes
                        Councilmember Lindau                                   Yes
                        Councilmember Farrell                                   Abstain

The Supervisor declared the motion to be adopted.

* * * * *        

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

RESOLUTION NO. 117-03 – RE: Adopt a negative declaration in the matter of an Intermunicipal Agreement with Westchester with respect to an Organic Yard Waste Transfer Program.

* *     

RESOLUTION NO. 118-03 - RE:  Authorize the Supervisor to execute an Intermunicipal Agreement with Westchester with respect to an Organic Yard Waste Transfer Program.

* *      

RESOLUTION NO. 119-03 – RE:  Authorize the Receiver of Taxes to increase fees for advertisement of liens.

* *     

RESOLUTION NO. 120-03 – RE:  Authorize the Supervisor to execute a Professional Service Agreement as approved by NYS Department of Transportation with Charles Sells for surveying and design services for Route 202/35/Lafayette intersection improvements.

Discussion:  Supervisor Puglisi said this is the next step in vastly improving this intersection that will also be tied into the hospital exit.

* *     

RESOLUTION NO. 121-03 – RE:  Authorize increasing the payment limit for biodiversity study consultants.

* *     

RESOLUTION NO. 122-03 – RE:  Authorize amending the fees for the Planning/Code Enforcement/Water Divisions of DOTS.

* *    

RESOLUTION NO. 123-03 – RE:  Authorize a contract extension for lighting of the skate park.

* *      

Solicit bids for paving repairs required after water main breaks.

Discussion:  Councilmember Farrell said although he’s happy this item is being removed, it seems that when a water main break occurs the repairs are effected by our Water Department.  Often the paving done after the break is not up to standard and he is hopeful the Water Department and DES can work out a solution which permits this work to remain in-house.

Councilmember Lindau said she concurs.

* *     

RESOLUTION NO. 124-03 – RE:  Authorize an agreement for drafting services for the Skylark Drive and Hillcrest Avenue water main replacement.

* *     

Authorize the Legal Department and Town staff to negotiate with Montrose Elders MOU for community projects connected with the redevelopment of a portion of the Montrose Veterans’ Administration property.

Discussion:  Supervisor Puglisi stated that this item is not being removed permanently and will be discussed in the future.

* *     

RESOLUTION NO. 125-03 – RE:  Authorize designating $192,280 of General Fund Surplus to a Tax Stabilization Fund.

* *    

RESOLUTION NO. 126-03 – RE:  Authorize designating $140,000 of General Fund Surplus to the Open Space Fund.

Discussion:  This amount represents ten percent of our 2002 surplus money which is $1.4 Million Dollars, being transferred pursuant to a recently adopted Local Law.

There was no additional discussion.  All voted AYE.

* * * * * * * * * *       

ADDITIONS to the AGENDA

Councilmember Sloan moved that the following items be added to the agenda, seconded by Councilmember Lindau, ALL VOTING AYE:

Report from the Traffic Safety Committee on Hillcrest Drive.

* *      

Annual assessment report on the Indian Point facility from the Nuclear Regulatory Commission.

* *    

Letter from the Westchester Land Trust regarding Hemlock Hill Farm and property known as Hollowbrook.  AMENDED to refer to DOTS and Legal Department.

The preceding documents were ordered to be received and filed, as amended, on motion made by Councilmember Sloan, seconded by Councilmember Lindau.

There was no additional discussion, all voted AYE.

* * * * *    

Councilmember Sloan moved that the following resolutions be adopted, seconded by Councilmember Lindau:

RESOLUTION NO. 127-03 – RE:  Appoint a Technology Intern to work in the Purchasing Department.

Discussion:  Supervisor Puglisi said this position is being filled by a high school senior.  He is involved in technology and computers and has asked to do an internship in the Town of Cortlandt for a few months.  He was introduced by the Supervisor.

* *    

RESOLUTION NO. 128-03 – RE:  Authorize DOTS to seek request for proposals for surveying services for the proposed Broadway sidewalk project.

Discussion:  This project is being performed via Block Grant funds with Town’s matching money.

* *     

RESOLUTION NO. 129-03 – RE:  Authorize eminent domain proceedings for an easement in the Conklin East Sewer District.

* *    

RESOLUTION NO. 130-03 – RE:  Accept two Letters of Credit from Briarwood Development on the Sunlit Trail subdivision.

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.)

None.

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ADJOURNMENT

Councilmember Lindau moved the meeting be adjourned at 8:40 p.m., seconded by Councilmember Farrell, all voting AYE.

                                                                                                Respectfully submitted,

                                                                                                JO-ANN DYCKMAN,

                                                                                                Town Clerk