Meeting Schedules

August 12, 2003

August 12, 2003

Town Board Minutes

A regularly scheduled monthly meeting of the Town Board of Cortlandt was conducted on Tuesday, August 12, 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

ANN LINDAU Councilmember

JOHN E. SLOAN Councilmember

Absent: JOSEPH D. CERRETO Councilmember

(due to military service)

FRANCIS X. FARRELL (due to family emergency)

Also present: JO-ANN DYCKMAN Town Clerk

THOMAS WOOD, ESQ. Town Attorney

GLENN CESTARO Comptroller

KATHLEEN BURLESON DES/Director

JEFF TKACS DES/Coor. of Safety & Sec.

EDWARD VERGANO DOTS/Director

PETER McMILLAN Purchasing Director

CLAUDIA VAHEY Human Res. Dir.

CATHERINE M. HOFFMAN Dep. Town Clerk

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MEETING CALLED to ORDER

Supervisor Puglisi called the meeting to order at 7:50 p.m. She said there are three Town Board members present including herself. Councilmember Cerreto will be in Iraq for another seven months. Councilmember Farrell has a situation with his family and cannot be present.

As per the law, a majority of the Town Board has to vote on things, which would mean three members would have to vote in the affirmative in order to have legislation adopted.

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PLEDGE to the FLAG

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

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SUPERVISOR’S REPORTS on PROJECTS and ISSUES

Supervisor Puglisi pointed out that there are many people present in the audience concerned about tenants’ rights. The Town Board feels that to have a large increase in rents is not fair to the tenants.

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The Cortlandt American Junior League Baseball team won the New York State Championship and will attend the September Town Board meeting where they will be honored for their achievements.

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Last month the Town Board members had conveyed their deep concern about some of the changes the applicant was attempting to make at the Hollowbrook Golf Course.

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SUPERVISOR’S REPORTS (cont.)

It was to have been privately owned, but open to the public and that is how the developer garnered the support of the Cortlandt community. Close to the end of the approval process, the applicant said they would give the Cortlandt residents 1,000 rounds of golf out of a potential 30,000 rounds. This equates to thirty Cortlandt residents playing golf a week that the Supervisor termed "absurd."

The other request was to have a tax reduction known as a PILOT program, payment in lieu of taxes, which means the applicant would not be paying their fair share of the taxes.

After a joint meeting with the Planning Board, the Planning Board ultimately agreed to the proposal and the Planning Board voted for final approval. The conclusion has been that close to fifty percent of the rounds of golf will be for Cortlandt residents and the resident may take a guest. Eight hundred rounds of golf will be set aside for the high schools in the area,(Hendrick Hudson and Lakeland). This equates to approximately thirteen thousand rounds of golf for Cortlandt residents or about three hundred from the community playing golf every week.

Two afternoons a week will be discounted for Cortlandt residents and tee time reservations may be made four days in advance. Cortlandt will also sponsor two tournaments a year for charity.

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The paving bid for 2003 will be awarded for approximately One Million Dollars worth of paving.

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Jeff Tkacs said the County will conduct seventy-seven Indian Point alarm sirens on August 26th at approximately 11:30 a.m.

Cortlandt has received a small amount of funding from the New York State Office of Emergency Management for the purposes of further developing the citizens’council and task force for emergency planning. With these funds the Town will be able to provide further public education and disaster awareness. A schedule for coming public forums will be listed on the Town’s website, as well as the delivery date for the disaster supply trailer.

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West Nile Virus is of a particular health concern this time of the year and the County’s information continues to be the elimination of standing water in and around private properties, clothing protection and insect repellent containing Deet.

Additional information may be obtained by calling the Town office at 737-0100 or Westchester County Department of Health, 914-813-5609.

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ROLL CALL

On a roll call attendance taken by Town Clerk Jo-Ann Dyckman, all Town Board members indicated their presence with the exception of Councilmember Cerreto whose absence was due to military service and Councilmember Farrell due to a family situation.

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TOWN BOARD REPORTS

Councilmember John Sloan extended his thanks and congratulations to Cortlandt American Junior Little League for their excellent effort.

A staff meeting this week shaped up a rough draft of the approval process of the Master Plan which will occur sometime during the first quarter of 2004. There will be some public workshop programs conducted during September and October.

By the end of this month there should be a new website for the Town. The address stays the same, Town of Cortlandt.com, but it will have a whole new look and a whole new feel.

* * * * *

Councilwoman Lindau also congratulated the baseball team for their recent achievements.

A Biodiversity Report will be presented at the September Town Board meeting, a project that Cortlandt and Yorktown entered into together.

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APPROVAL of the MINUTES

Councilmember Sloan moved that the minutes of the regular meeting of July 15, 2003 be approved as submitted by Town Clerk Dyckman, seconded by Councilmember Lindau with all voting AYE.

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PUBLIC HEARINGS

(All public hearings conducted at this meeting are to be found fully transcribed and entered into the Official Public Hearing Minute Book located in Town Clerk Dyckman’s office.)

  1. Reconvene a Public Hearing conducted on June 10, 2003 and July 15, 2003 to consider various amendments to Chapter 307 of the Zoning Code.
  2. Supervisor Puglisi called the hearing to order at 8:03 p.m.

    Town Attorney Tom Wood gave a brief overview of the items that would be voted on at this Town Board meeting. He said some of the definitions would be changed, mainly consisting of issues that have arisen over the past few years before the Zoning and Planning Board. The Town Board is considering modifying definitions, including the following: playground equipment, garage sales, portable unit, correct some issues with respect to definition of non-conforming and conforming uses. It codifies the requirement that signs be posted on any property that’s the subject of an application to the Zoning or Planning Board that is done administratively. It also clarifies how fences and walls are measured. It would also require and regulate the non-conforming trailers, box trailers and similar vehicles that are being used for storage.

    There was no one additional wishing to speak and Councilmember Lindau moved that the Public Hearing be closed, seconded by Councilmember Sloan. All voted AYE.

    * * * * *

     

     

    PUBLIC HEARING, (cont.)

    Councilmembers Lindau and Sloan moved for the adoption of the following legislation:

    RESOLUTION NO. 253-03 – RE: Adopt a negative declaration in the matter of certain amendments to Chapter 307 of the Zoning Code.

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    RESOLUTION NO. 254-03 – RE: Adopt various amendments to Chapter 307, Zoning Code of the Town of Cortlandt.

    There was no additional discussion. All voted AYE.

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  3. Public Hearing to consider adopting a resolution with respect to the regulation of residential rents within the Town of Cortlandt.
  4. Town Clerk Dyckman presented and read the notice of hearing as had been published in the official Town of Cortlandt newspaper.

    The Town Clerk advised that the record would reflect a letter from the Mount Vernon United Tenants, Inc., Frooks Realty,. Springvale Apartments Company and Scott A. Segrell.

    Supervisor Puglisi called the hearing to order at 8:05 p.m. She said at the last Town Board meeting, many tenants of one of the larger rental facilities in our community have been faced with a very large rental increase that is totally unfair.

    She said the Town Attorney will give a brief overview of some of the information that has been relayed to the tenants.

    Town Attorney Tom Wood said what is before the board is consideration of the adoption of the Emergency Tenants’ Protection Act which would pertain to any residential facility of seventeen units or more. He has been in contact with representatives of the landlords of Springvale and the Amberlands complex. They indicated they would be desirous of having a three-way discussion with themselves, the tenants and the Town to see if there is the possibility of entering into what we had previously done in the 1980’s, a Memorandum of Understanding. Such an agreement would provide that all of the issues raised by the tenants would be addressed and, based upon that agreement, the Town Board would agree to refrain from instituting the Emergency Tenant Protection Act. If there was any deviation from the agreement or any breech of the agreement by the landlords then the Town Board would adopt the ETPA.

    The landlords have proposed that they would be willing to impose a moratorium, a voluntary process wherein anyone’s lease that is up for renewal on September 1st would be granted a one month extension, to September 30th, at the same rent they were currently paying. There would be no mandate to sign a new lease. They would continue under the terms and conditions of the old lease. In exchange for that the process would also include continuing to negotiate the agreement.

    Supervisor Puglisi asked about people who have paid the rental increase last month and the Town Attorney replied that this is an issue that has to be taken up.

    The Town Attorney went on to address other items to be set forth in the Memo of Understanding.

     

    PUBLIC HEARINGS, cont.

    Supervisor Puglisi asked if one or two people could act as spokespersons for the group during this Public Hearing.

    Dennis Hanratty, Executive Director of Mt. Vernon United Tenants read a statement which has been made a part of the official transcript of the Public Hearing.

    Karen Frey said her concern is that she has already signed her lease, handed in her extra security. What should she do at this point.

    Supervisor Puglisi said the Public Hearing will be adjourned with the understanding that she would go back to paying the status quo rent.

    The Town Attorney said the people who have already paid increases will be placed in the agreement as part of the condition that they revert to their previous rent. If tenants are not in agreement the board can then enact the Emergency Tenants’ Protection Act.

    Karen Cachino thanked the Supervisor for all of her attention to this matter. She said she has already signed a renewal for a 26% increase in rent and has given additional security.

    The Town Attorney said under the Memorandum of Understanding, one of the issues that the Town will be seeking is to address situations such as this.

    Margaret Cataldo said she has already paid a $150.00 a month increase. She said the landlords have been trying to inhibit tenants from organizing.

    Supervisor Puglisi said one of the conditions that there be no threats, that flyers not be removed. If landlords are not in agreement, the Town Board will enact the Emergency Tenants’ Protection Act on September 16th.

    Donna Casenzo, (not an apartment dweller), owns an apartment building in an ETPA area. Taxes go up, heat goes up and you might want to consider enacting that.

    Supervisor Puglisi said if the ETPA is enacted, it would apply only to any multi-family apartment of seventeen units and up.

    There was no one additional wishing to speak and the public hearing was adjourned to September 16, 2003 on motion of Councilmember Lindau seconded by Councilmember Sloan.

    Discussion: T. Wood said the conditions are that the moratorium as had been described covers leases that renew on September 1st. Those leases will be extended at no additional rent increase or change through September 30th. The tenants who have signed leases and sent them in will continue to pay their old rent and the tenant postings will be allowed to remain on the premises when posted.

    Councilmember Sloan said he would like to congratulate her on her action that he termed "prudent" and "intelligent". He said it is a far better approach that a moratorium will be enacted for one month to try to reach a possible Memo of Understanding than to draw battle lines with the landlord.

    All voted AYE to the motion.

     

     

     

    PUBLIC HEARING, (cont.)

    Supervisor Puglisi said there will be a Town Board work session at 7:00 p.m. next Monday night and she suggested that the tenants’ association use the conference room that night for a meeting, perhaps at 5:30 p.m.

    * * * * *

  5. Public hearing to consider adoption of a Local Law establishing a Tenant/Landlord Advisory Board.
  6. Town Clerk 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 8:31 p.m.

    Supervisor Puglisi said this would be an ongoing board that will be comprised of, perhaps, herself, or a Town Board member, a staff member, tenants. They may meet monthly, quarterly, periodically to discuss improvements that might be needed at rental facilities town wide.

    There was no one who wished to speak and the public hearing was closed at 8:32 p.m. on motion made by Councilmember Lindau, seconded by Councilmember Sloan. All voted AYE.

    * * * * *

    Councilmembers Lindau and Sloan moved for adoption of the following legislation:

    RESOLUTION NO. 255–03 – RE: Adopt a negative declaration in the matter of establishment of a Tenant/Landlord Advisory Board.

    * *

    LOCAL LAW NO. 8-2003 – RE: Establish Tenant/Landlord Advisory Board.

    There was no additional discussion. All voted AYE.

    * * * * * * * * * *

  7. Public Hearing to consider amending Local Law No. 5-1990 to increase the membership of the Parks, Recreation and Conservation Advisory Board.

Town Clerk 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 8:35 p.m.

Supervisor Puglisi said this is to add a member to the PRC Advisory Board, membership of which is composed of volunteers who help place for various projects.

There was no one additional wishing to speak and the Public Hearing was closed at 8:36 p.m. on motion made by Councilmember Lindau and seconded by Councilmember Sloan. All voting AYE.

 

 

PUBLIC HEARING, (cont.)

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

RESOLUTION NO. 256–03 – RE: Adopt a negative declaration in the matter of increasing membership of the Parks, Recreation and Conservation Advisory Board.

 

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LOCAL LAW NO. 9-03 – RE: Amend Local Law No. 5-1990 to increase membership on the Parks, Recreation and Conservation Advisory Board.

Discussion: Supervisor Puglisi congratulated all the people who work on this board as well as the other boards in Cortlandt.

All voted AYE.

 

 

HEARING of CITIZENS, (agenda items only)

None.

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BID REPORTS

Councilmember Sloan moved that the bids for repaving various Town streets and highways opened on August 1, 2003 be received and ordered filed and that the following resolution be adopted. Councilmember Lindau seconded the motion.

RESOLUTION NO. 257–03 – RE: Award contract for repaving various Town streets and highways.

Discussion: Ed Vergano said the amended resolution reads that the base bid will be awarded to the low bidder who is McNamee Construction Corp. of Somers, NY. The alternate project will be rebid for next month.

Supervisor Puglisi said we have many roads that we want to pave and the priority list is going to the most responsible bidder and the second one will be rebid.

There was no additional discussion. All voted AYE.

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REPORTS

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

February, 2003 - DES/Recreation.

July, 2003 - Purchasing Department, Receiver of Taxes, Town Justices,

Town Clerk.

There was no discussion. All voted AYE.

 

 

OLD BUSINESS

Correspondence:

Councilmembers Sloan and Lindau moved that the following documents be received and ordered filed and the resolution adopted as indicated:

Report from the Code Enforcement Division of DOTS with respect to a retaining wall on Fox Hill Road. (Rabbit property)

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Report from DES relative to the Hollowbrook Lake Association request for lake restoration.

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Letter from the Lakeland School District in response to a letter from the Taconic Cyclones regarding use of athletic fields.

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Letter from Ginsberg Development LLC, (Chapel Hill) in response to the Town’s request to remove signs on Lafayette Avenue.

Discussion: Supervisor Puglisi reported that we have experienced traffic along Lafayette Avenue from the expanded development of Chapel Hill in the City of Peekskill. Signs were put up on Lafayette to direct people to this development in Peekskill. The Town wrote to the developer and he said he would remove the signs.

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Referral from the Planning Board with respect to a letter from Jacqui Seidler regarding parking on Route 202 near Gymnastics City.

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Additional petitions from residents of the proposed Tamarack Sewer District.

RESOLUTION NO. 258–03 – RE: Authorize the Director of DOTS to prepare the final map, plan and report with respect to the proposed Tamarack Sewer District.

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Report from DOTS regarding flooding from an adjacent brook at 16 Crystal Court, Montrose. (Christine Rudner)

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Report from DOTS regarding preservation of stonewall at Stonefield subdivision.

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Report from DOTS regarding acquisition of section of Casparian Road. (Wilder-Balter Partners)

 

OLD BUSINESS, (cont.)

Report from DOTS regarding Red Mill Road driveway intersection. (Donna DeDona)

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Report from DOTS regarding various issues on Sprout Brook Road.

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Report from DOTS regarding unsafe buildings in Verplanck. (Verplanck Residents’ Association.)

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Report from DOTS regarding traffic issues in the area of Walter Panas High School. (Louis Tomaselli)

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Report from DOTS regarding construction at 36 Pond Meadow Road. (various residents)

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Report from DOTS regarding letter from Croton Park Colony Board of Trustees requesting private roads be dedicated.

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Progress report from DOTS concerning Red Mill Road.

There was no additional discussion. All voted AYE.

 

 

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NEW BUSINESS

Correspondence:

Councilmember Lindau moved the following documents be received and ordered filed, copied where indicated and, also, that any applicable resolutions be adopted. Councilmember Sloan seconded the motion. Councilmember Lindau also moved that the item dealing with the FDR Hospital be removed, seconded by Councilmember Sloan.

Request from the Westchester Municipal Officials’ Association to send a letter to Governor Pataki with respect to New York State discretionary funds; and authorize same.

* *

Letter dated July 17, 2003 from the Verplanck Fire Commissioners requesting a dry hydrant at Steamboat Dock. Also, a response from DOTS on the issue.

* *

NEW BUSINESS, (cont.)

E-mail from Cory Notrica regarding drainage issues on Scenic Ridge Road. Refer to DOTS and DES.

 

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Letter dated July 22, 2003 from Frank Santulli with respect to a 50’ right-of-way in the area of Frances Drive. Refer to the Legal Department and DOTS.

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Petition dated July 23, 2003 from residents of Cortlandt Chase with respect to drainage issues. (Alan B. Press) Refer to DOTS.

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REMOVED - Letter from the Town Board to the FDR Veteran’s facility on Albany Post Road, Montrose, with respect to security measures at the VA interfering with traffic on Route 9A.

There was no 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 original copy of these minutes.)

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

RESOLUTION NO. 259–03 – RE: Appoint a seasonal employee for the Receiver of Taxes office to assist with a grant application.

* *

RESOLUTION NO. 260–03 – RE: Appoint Garrison Jackson and Michael Huvane as members to the Parks, Recreation and Conservation Advisory Board.

* *

RESOLUTION NO. 261–03 – RE: Establish a Phase I Town ZORP Committee.

Discussion: Supervisor Puglisi said this Zoning Ordinance Review Plan coincides with the Master Plan. The Phase I is at the staff level and discussions have already begun. We will move on to the citizen aspect of that in Phase II.

* *

RESOLUTION NO. 262 –03 – RE: Authorize the Planning Division of DOTS to apply to the NYSDEC for a grant through the Clean Water/Clean Air Act with respect to the Cortlandt Lake Dam. Designate the Supervisor as the authorizing representative for same.

 

RESOLUTIONS, (cont.)

RESOLUTION NO. 263–03 – RE: Reschedule a Public Hearing to consider the demolition of a building located on Fifth Street in Verplanck from August 12, 2003 to September 16, 2003.

* *

RESOLUTION NO. 264–03 – RE: Authorize the release of a $3,000 Letter of Credit with respect to the Montrose Animal Hospital.

* *

RESOLUTION NO. 265–03 – RE: Accept two (2) Letters of Credit in the amounts of $5,000 and $33,000 as security for property known as Van Cortlandtville Commons.

There was no additional discussion. All voted AYE.

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ADDITIONS to the AGENDA

Councilmember Sloan moved that the following items of business be added to the agenda, seconded by Councilmember Lindau. All voted AYE.

Councilmember Sloan moved that the following documents be received and ordered filed, amended where indicated and the resolution be adopted, as indicated, seconded by Councilmember Lindau:

Memo from DOTS/DES regarding micro surfacing of Red Mill Road.

* *

Letter from Snyder & Snyder, LLP regarding Special Permit renewal for an existing wireless facility located on a Con Edison tower in Verplanck. AMENDED to refer to DOTS and Legal.

* *

Letter dated July 24, 2003 with respect to drainage issues in the area of 141 Kings Ferry Road, Montrose. Refer, also to DOTS, DES and Legal.

* *

Letter dated July 30, 2003 from the NYS DEC. advising the Town will receive an additional $106,131 in funds from the Clean Water/Clean Air Bond Act Brownsfield Program.

Discussion: We had to expend some money to do some reclamation work along the Hudson River.

* *

Letters regarding the Battery Place Bridge from Metro North Railroad, New York State Department of Transportation and Westchester County.

There was no additional discussion. All voted AYE.

 

Resolution

RESOLUTION NO. 266-03 – RE: Amend Resolution No. 233-03 with respect to the effective date for a seasonal working at the Tollhouse.

There was no additional discussion. All voted AYE.

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BUDGET TRANSFERS

None.

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REPORTS from VARIOUS DEPARTMENTS

None.

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REPORTS from STANDING and SPECIAL COMMITTEES

None.

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HEARING of CITIZENS, (second)

None.

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ADJOURNMENT

Councilmembers Sloan and Lindau moved that the meeting be adjourned at 8:45 p.m.

 

Respectfully submitted,

JO-ANN DYCKMAN,

Town Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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