Meeting Schedules

TOWN BOARD MINUTES

A Regular meeting of the Town Board of the Town of Cortlandt was conducted on Tuesday, May 14, 2002 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 JOSEPH D. CERRETO Councilman FRANCIS X. FARRELL Councilman ANN LINDAU Councilman JOHN E. SLOAN CouncilmanAlso 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 JOHN LIPPERT DES, Highway PETER McMILLAN Purchasing Director CLAUDIA VAHEY Human Res. Director CATHERINE M. HOFFMAN Deputy Town Clerk

 

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

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PLEDGE to the FLAG 
Brownie Troop # 2044, third grade students from the Furnace Woods Elementary School, led all in attendance in a Pledge to the Flag.

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SUPERVISOR'S REPORTS on PROJECTS and ISSUES 
Memorial Day will be celebrated on May 27th at 1:00 p.m. at the Michael C. Mongero Memorial Park. He was the first Chairman of the Veterans' Council in the Town of Cortlandt. Honorary Chairman is Councilmember Joe Cerreto and current Chairman is Fremont Reif.

F. Reif discussed the proposed program for Memorial Day and discussed a contest that had been held in schools throughout the Town in which students wrote an essay on what Memorial Day meant to them.

Councilmember Cerreto said the Town of Cortlandt has had a very active Veteran's Committee over the past several years and one of their big annual events is the Memorial Day celebration. He urged everyone to attend.

Certificates of Award were then presented to the contest winners, some of whom read their essays.

Mohegan Fire Department recently came in first place in annual competition for the best Fire Prevention Program in New York State. Supervisor Puglisi welcomed the many members of the Fire Department who were in attendance.

Councilmember Farrell noted that these members are expertise in not only fighting fire, but in their prevention. Mohegan personnel were even able to place ahead of a company that had received a substantial New York State grant

The Fire Department Chief presented the Town with the accomplishments of the Fire Prevention Team, introducing each member present.

Councilmember Farrell presented the Fire Department personnel with a Proclamation honoring them for their prestigious award.

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May 19th begins a national celebration honoring Emergency Medical Services. John Filangeri, the leader of Paramedics came to the podium and discussed the program that began its first full year of operation in 1998 with approximately three thousand responses. They are able to perform advanced procedures at the scene and in 2001 they performed close to 4,000 responses. They have a very active and dedicated membership.

Supervisor Puglisi said John also co-chairs with Jeffrey Tkacs the Town of Cortlandt Emergency Planning Task Force. They meet on a monthly basis to discuss working together with all the departments and agencies and various ways to protect the community. All members present were then presented with a Certificate of Award recognizing them for their service.

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Supervisor Puglisi then commented on this wonderful preliminary portion of the business meeting which is given over to honoring members of our community from youth to adult.

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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.

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TOWN BOARD REPORTS 
Councilwoman Ann Lindau echoed the Supervisor in giving thanks for all the volunteers who were honored. She reported on a meeting with Cablevision and said contracts will be negotiated with consideration being given to reduced rates for seniors.

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Councilman Frank Farrell reported that the Fire Advisory Board meets the first Wednesday of the month at the Verplanck Fire Department headquarters and meetings are open to the public. He and Councilwoman Lindau are Town liaisons to the FAB and the meetings are also attended by Barbara Miller, Code Enforcement Director, and Bob Conlon. They meet to hear the concerns of the various fire departments and ambulance corps.

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This could include access to fire lanes, fire hydrants that may be in need of repair or marking and they also have an opportunity to review any construction plans that are proposed for their prospective district. This communication allows the Town and fire departments to work together to provide firematic and ambulance protection to the entire Town.

Referring to an agenda item regarding appointment of a Planning Board member, he stressed what an important part this important board plays in Cortlandt. He had suggested that their meetings be televised and is happy this is now under consideration.

Referring to another agenda item dealing with the purchase of the "Condon building" on Roa Hook Road, Councilman Farrell said from a business standpoint it does not make good sense to continually rent. He said the payments from the note for the funds that will be borrowed to buy the property will equal the rent that we've been paying.

The current issue of the Conservationist magazine has a photograph taken by a Town resident, Jack Hoye, which the Councilman found interesting of a Canadian goose in a tree and suggested that interested people might want to buy the magazine.

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Councilmember John Sloan said the first forty-five minutes of this meeting have been spent honoring various segments of our community and this is just the tip of the iceberg in terms of what Cortlandt's citizens have to offer to the Town and to each other.

He also called Cablevision a member of the "Axis of Ego", saying they should broadcast the Yankees' games.

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Councilmember Joe Cerreto referred to the students who had participated in the essay contest and said it was touching to hear what they have to say. He asked people to attend the Memorial Day ceremony, saying it would be well worth their while. What was televised tonight is just a "snippet" of the program planned for that day.

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Supervisor Puglisi called upon Andrew Fischer, new Co-Chair of the Traffic Safety and Advisory Committee who gave a brief report and asked for volunteers to serve on the committee.

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APPROVAL of MINUTES 
Minutes of the regular meeting of April 16, 2002 were unanimously approved as presented on motion made by Councilmember Sloan, seconded by Councilmember Cerreto, ALL VOTING AYE.

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

Public Hearing to consider a Local Law to be known as a Water Conservation Law of the Town of Cortlandt. Town Clerk Jo-Ann Dyckman presented for the record 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 8:25 p.m.

Thomas Wood, Town Attorney, said this would provide uniform control with respect to water conservation needs. The Town of Cortlandt being a member of the Northern Westchester Joint Water Works, together with the other municipality members, is required to enforce the water restrictions placed in effect by the City of New York since we obtain our water from the New York City aqueduct system. This proposed local law is going to be considered by the Town Boards of Somers, Yorktown, also, and hopefully be adopted so there will be one uniform system regulation with respect to water conservation.

There was no one who wished to speak further and the Public Hearing was closed at 8:27 p.m., unanimously, on motion made by Councilmember Cerreto, seconded by Councilmember Lindau.

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

RESOLUTION NO. 165-02 - RE: Adopt negative declaration in the matter of a proposed Water Conservation Law.

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LOCAL LAW NO. 4-02 - RE: Adopt Water Conservation Law of the Town of Cortlandt.

There was no further discussion ALL VOTED AYE.

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HEARING of CITIZENS, (agenda items only)
Speaker: Andrew Fischer 
               24 Knollwood Road 
               Cortlandt Manor, NY

Subject:  Presented packet of newsclippings and other data re. Indian Point. Channel 12 is not available to satellite dish owners.  Thinks televising Planning Board meetings is a good idea.

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BID REPORTS 
Councilmember Lindau moved that report from Elmendorf Environmental Corp. and the following bids on the Furnace Brook Pond restoration, opened June 1, 2001, be received and ordered filed and that the accompanying resolution be adopted. Councilmember Farrell seconded the motion. -4- May 14, 2002

BID REPORTS
RESOLUTION NO. 166-02 - RE: AMENDED to read: " Award contract and a work change order for the Furnace Brook Pond restoration."

There was no additional discussion: ALL VOTED AYE.

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REPORTS 
Councilmember Farrell moved the following reports be received and ordered filed, seconded by Councilmember Sloan:

2001 annual report from DOTS/Planning.

April, 2002 - DES/Office for the Aging; DOTS/Water; Purchasing; Town Justices; Receiver of Taxes; Town Clerk.

There was no discussion: ALL VOTED AYE.

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OLD BUSINESS 
Correspondence:

Councilmember Sloan moved that the following documents be received and ordered filed, seconded by Councilmember Cerreto:

Town Clerk's certification for Resolution No. 63-02.

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Press release from Towns of Cortlandt and Yorktown regarding evaluation of proposed recreational facility at former Franciscan High School.

Discussion: Supervisor Puglisi reported on a joint board meeting with the Yorktown Town Board and members of the Somers Town Board. It was televised on the Public Access Station. The preceding proposal was discussed at that meeting.

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Report from DES regarding Raymond Street.

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Report from DES regarding request from DiRubbo Drive and Locust Avenue residents.

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Report from DES regarding request of City of Peekskill to enter into the Northern Tier Coalition.

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Report from DES regarding South Hill Road concerns of D. Policastro.

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OLD BUSINESS
Letter from County Executive regarding Westchester County's Emergency Evacuation Plan.

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Letter from the U. S. Postal Service advising the Town they have no plans to close the Crugers Post Office.

Discussion: Supervisor expressed her pleasure that this would not occur.

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Letter from DOTS/Code Enforcement notifying billboard property owners that the Town's new sign ordinance will be enforced.

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Letter from TRC Environmental Corporation including responses to comments on the preliminary scoping statement for the proposed Indian Point Peaking facility.

Discussion: Councilmember Sloan said the Town is not in the process too much due to a new procedure called Article X which is between Entergy and Albany and will bypass all local municipal boards.

The main concern of the Town of Cortlandt in this process is the proposed gas powered plant will have two ninety foot tall smokestacks and the Town Board intends to be prudent and cautious with regard to what Entergy is proposing to come up and out of those smokestacks.

Our main interest is to understand thoroughly the condition of our air today and how it will change, either noticeably or negligibly with this new facility. He said it is his understanding there is state funding available to allow us to pursue those kinds of analyses. The Town will take advantage of this and will keep residents informed.

There was no additional discussion; ALL VOTED AYE.

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NEW BUSINESS
 Correspondence

Councilmember Cerreto moved that the following correspondence be received and ordered filed, as amended, and the resolution adopted, seconded by Councilmember Lindau:

Letter from Governor Pataki announcing the availability of grant applications with respect to the Clean Water/Clean Air Bond Act and the Environmental Protection Fund.

RESOLUTION NO. 167-02 - RE: Authorize DOTS to apply for grant monies from the Environmental Protection Fund, pursuant to the Clean Water/Clean Air Bond Act.

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NEW BUSINESS
 Letter from Kelly Lent requesting a stop sign at the intersection of Lancaster and Hunt Avenue. Refer to DES. AMENDED to include "├índ the Traffic Safety Committee."

Discussion: Councilmembers Farrell and Lindau asked that this resolution be amended to include a referral to the Traffic Safety Committee.

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Letter and application dated May 1, 2002 from Kirquel Development Ltd. for a Planned Village Development. Refer, also, to the Sustainable Development Coalition Task Force, Town of Yorktown, Westchester County and DOTS/Planning. AMENDED to include: Joint Water Works and Traffic Safety Committee.

Discussion: Councilmember Lindau suggested the Traffic Safety Committee be added to the preceding item as a referral.

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Resolutions:
(All resolutions adopted at this meeting are to be found in full context affixed to the end of this document.)

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

RESOLUTION NO. 168-02 - RE: Appoint Arthur D'Angelo, Jr. to the title "Senior Civil Engineer" in accordance with Civil Service.

Discussion: Supervisor Puglisi stated that this gentlemen currently works for the Town of Cortlandt. This is merely a change of title at the same salary.

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RESOLUTION NO. 169-02 - RE: Appoint Matthew Cook to the title "Assistant Building Inspector" in accordance with Civil Service.

Discussion: This is also a current employee who will receive a change of title at the same salary.

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RESOLUTION NO. 170-02 - RE: Appoint seasonals to the Department of Environmental Services and Department of Technical Services.

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RESOLUTION NO. 171-02 - RE: Appoint summer interns.

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RESOLUTION NO. 172-02 - RE: Authorize corrections to appointing resolutions, including Resolutions numbered 351-01, 378-01, 132-02 and 133-02.

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RESOLUTION NO. 173-02 - RE: Appoint John Bernard to the Planning Board to fill a vacancy.

Discussion: Supervisor Puglisi said Mr. Bernard knows the Cortlandt community, is an extremely fair and objective individual. He has been the president of a large homeowner's association, Cortlandt WATCH, for a number of years. She will be very happy to vote for him.

Councilmember Sloan said he fully endorses the Supervisor's statement. He has known John and his wife Karen for a number of years. They have been very strong environmentalists in the Town and this is a definite qualification for the Planning Board.

Supervisor Puglisi said a number of people had applied and were interviewed for the position and they will be asked to serve on various committees.

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RESOLUTION NO. 174-02 - RE: Authorize the DES Highway Deputy to attend a conference at Cornell University.

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. 175-02 - RE: Authorize the purchase of property located on Roa Hook Road for use as a central DES facility subject to a permissive referendum.

Discussion: For a long time it has been discussed housing Sanitation, Parks, Highway and Recreation in one location. This will be more efficient for our government, for our taxpayers and employees. There will be shared services and shared use of Town vehicles and manpower, resulting in tax savings. * *

RESOLUTION NO. 176-02 - RE: Resolution with respect to safety and security measures at the Indian Point energy facility.

Discussion: Councilmember Sloan said his thoughts on this matter are basically distilled into three questions.

One - "Will the Federal government close Indian Point." I do not think any federal official will risk any kind of domino effect in closing Indian Point and the others that stand behind it.

Two - "What would I like to see as an agenda (discussion) item?" I think what's most noticeably absent in discussions of the closure of Indian Point is the economic impact to our community which takes two forms. One is anywhere from 1500 to 2200 jobs and the second is the devastating tax impact, mostly on the Hendrick Hudson School District which currently derives forty-five percent of its entire budget from the taxation of Indian Point. -8- May 14, 2002

 Councilmember Sloan said he feels the threat of a nuclear disaster also deserves to be a part of the entire discussion. He feels it is incumbent upon the members of the Town Board to represent these interests because they are not represented anywhere else. He said it is important that the Town Board represent very strongly the interests of our community and they have in many instances - from the Colabaugh Pond Road mine to the pipeline to many other issues which we have faced.

Three - "Would he support such a petition or closure even though he may think it is an academic exercise, given that he doesn't believe the Federal government, who has the sole authority, would close the plant." He said he would not, for a variety of reasons. One can agree with certain arguments and disagree with others, but the bottom line is that you either feel that the plant should be closed or you feel the plant should be protected. The evacuation plan has often been mentioned as a litmus test as to whether the plant should stay open. My personal view is the evacuation plan was done subsequent to the plant. It was a political thing that was done. You don't declare a system to be in production unless you've already tested it. There is certainly an inability to test any evacuation plan, so I would say you can never have an evacuation plan by thos guidelines.

There are two aspects of safety - one is the workings of the plant and the other as it involves terrorism. We and particularly the Supervisor, have been very conscientious in dealing with Con Edison and Entergy in terms of safety of the plant. Cortlandt's always felt it has had a special privilege in getting involved and understanding safety issues because the plant is in our community.

With regard to terrorism, Councilmember Sloan said he fully agrees with the people who talk about closing the plant and say we don't know if we have sufficient defense against terrorism. He said he would much rather that the Federal government would say we have a means of knocking something our of the air if it comes.

Cortlandt and Buchanan and their representative governments are almost becoming unique in the metropolitan area in not endorsing petitions to close Indian Point. More than one person has seen the irony in the fact that these boards are closest to Indian Point. For some reason we, particularly those in Buchanan, mostly feel that Indian Point should not be closed, but should be better protected.

Supervisor Puglisi said even if Indian Point were closed down, it still doesn't make the issue of the radioactive spent fuel rods go away. She said the item on the agenda tonight deals with a very strong statement about Indian Point plants # 1, 2 and 3. This is the most immediate issue that needs to be addressed. We insist upon one hundred percent protection in the air, land and water around these nuclear plants. (Supervisor Puglisi read a portion of the resolution dealing with the specific requests.) She also said a stronger, thicker containment building or structure is needed for the storage of the spent fuel rods.

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RESOLUTION NO. 177-02 - RE: Authorize the Supervisor to execute contracts with various libraries servicing the Town of Cortlandt.

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RESOLUTION NO. 178-02 - RE: Authorize the Supervisor to execute agreements with the members of the Northern Tier Coalition with respect to recyclables.

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RESOLUTIONS, (cont.) RESOLUTION NO. 179-02 - RE: Authorize the Supervisor to request a Drought Variance from Westchester County to enable use of street sweepers.

Discussion: Supervisor Puglisi stated that, if granted, the street sweepers would be used sparingly - only for health issues and during the height of the summer season.

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RESOLUTION NO. 180-02 - RE: Authorize the Supervisor to execute an Intermunicipal Agreement with Westchester County with respect to bus shelters within the Town.

There was no additional discussion; ALL VOTED AYE.

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Councilmember Sloan and Cerreto moved for adoption of the following resolutions, as amended:

RESOLUTION NO. 181-02 - RE: Authorize the Town of Cortlandt to enter into an agreement with Westchester County with respect to a Community Development Program.

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RESOLUTION NO. 182-02 - RE: Authorize the purchase of two on-line subscriptions and one new set of McKinney's Law Books from the West Publishing Company.

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RESOLUTION NO. 183-02 - RE: Authorize the Receiver of Taxes to seek requests for proposals with respect to tax collection software.

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RESOLUTION NO. 184-02 - RE: Authorize a work change order for DES with respect to the Oregon Road water main cleaning and relining, extending the project from Locust Avenue to the Aqueduct.

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RESOLUTION NO. 185-02 and RESOLUTION NO. 186-02 - RE: AMENDED to "Authorize Work Change Orders 1 and 2 with respect to the Verplanck Pedestrian Trail."

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RESOLUTION NO. 187-02 - RE: Authorize invitations to bid for the 2002 paving program.

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RESOLUTION NO. 188-02 - RE: Authorize awarding a request for proposal for surveying services and conduct an in-house engineering study for drainage in the area of the pond on Riverview Road. -10- May 14, 2002

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RESOLUTION NO. 189-02 - RE: Authorize the establishment of a fee schedule with respect to Environmental Consultant Services designated by the Planning and Zoning Boards.

There was no discussion; ALL VOTED AYE.

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

RESOLUTION NO. 190-02 - RE: Receive and file a letter from the Verplanck Waterfront Preservation Committee with respect to parking hours at Steamboat Dock. Amend the V & T Code to restrict parking at Steamboat Dock between the hours of 10:00 p.m. and 6:00 a.m.

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RESOLUTION NO. 191-02 - RE: Authorize and accept a passbook in the amount of $1,000 for property located at 2293 Crompond Road.

There was no discussion: ALL VOTED AYE.

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ADDITIONS to the AGENDA
 Councilmember Lindau moved that the following items be added to the agenda, seconded by Councilmember Farrell:

Request with respect to the Martin house on Riverview Avenue. Refer, also, to the Department of Law.

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Letter from the Hudson Valley Hospital Center Auxiliary regarding their donation to the Town of a portable defibrillator.

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Letter from Locust Manor Estates resident. Refer, also, to DOTS/Engineering.

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Letter from Maureen Benz dated May 6, 2002 requesting sewers in the area of Hampton Place. Refer, also to DOTS and the Department of Law.

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Letter from James Eberz with respect to easement violations in the area of Cranberry Meadows. Refer, also, to DOTS and the Department of Law.

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Decision by the New York State Secretary of State opposing the proposed Millennium Pipeline route, and a letter from the Supervisor and Town Board with respect to same.

Discussion: Supervisor Puglisi congratulated Secretary Randy Daniels for his strong decision and opinion that the pipeline should not traverse the Hudson River, go through the Town of Cortlandt, nor any environmental areas of Westchester County.

She also said the gas line traversing the Ramapo fault could also have a tremendous impact, referring to the recent earthquake, (5.1 on the Richter Scale) in upper New York State that was felt in this area.

She thanked Governor Pataki for his influence in this decision. She also thanked Westchester County Executive A. Spano.

Councilmember Cerreto referred to Secretary Daniels' decision, saying it was in a large part the echo of a decision rendered by counsel retained by the Village of Croton and the Town of Cortlandt.

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Letter from the Supervisor to the NRC and Con Edison with respect to a radioactive water spill into the Hudson River on February 15, 2000.

Discussion: Supervisor said there is great concern about this occurrence, stressing that this had been heretofore denied.

Councilmember Farrell said he concurs with the sentiments of Councilman Cerreto and, also, the statement made by Buchanan Mayor O'Neill at the last meeting, and said he feels betrayed and disappointed in the lies that were told by agencies after the February 15th incident and he is seriously reevaluating his position with respect to the plants and with any statements made by operators of the plants.

Supervisor Puglisi stated the NRC is supposed to perform checks and balances with the plants and it's pretty disheartening to sit in a room with four or five hundred people for three or four hours and hear ***********

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Memo from the Supervisor with respect to extending the notification of adjacent property owners. Refer, also, to the Department of Law, CAC, Master Plan Committee, Planning Board and DOTS/Engineering/Code Enforcement/Planning.

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Letter from Chas. Sells, Inc. with respect to the Battery Place Bridge.

There was no additional discussion: ALL VOTED AYE.

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

RESOLUTION NO. 192-02 - RE: Appoint Ed Cocozza and Andrew Fischer as Co-Chairmen of the Traffic Safety Advisory Board. -12- May 14, 2002

 

 RESOLUTION NO. 193-02 - RE: Schedule a Public Hearing for June 11, 2002 to consider Pilot Agreements for Indian Point nuclear generating facilities.

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RESOLUTION NO. 194-02 - RE: Authorize the Comptroller to issue refunds for an incorrect water bill at 14 Lakeview Avenue West.

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RESOLUTION NO. 195-02 - RE: Authorize the Comptroller to issue a refund for and incorrect water bill at 120 Watch Hill Road.

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RESOLUTION NO. 196-02 - RE: Amend Resolution No. 62-02 with respect to mileage allowance.

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RESOLUTION NO. 197-02 - RE: Amend Resolution No. 151-02 with respect to the Stephens Lane Pump Station.

There was no discussion: ALL VOTED AYE.

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BUDGET TRANSFERS
Councilmember Farrell moved that the following resolution be adopted, seconded by Councilmember Sloan:

RESOLUTION NO. 198-02 - RE: Authorize budget transfers.

Discussion: Glenn Cestaro presented and discussed necessary transfers of funds, a copy of which is affixed to the end of this document.

There was no additional discussion: ALL VOTED AYE.

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REPORTS from VARIOUS DEPARTMENTS 
Jeff Tkacs reported on West Nile Virus, saying it has surfaced in Westchester one more time. Need for residents' concern about elimination of water around their households to eliminate potential breeding grounds for mosquitoes still exists.

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REPORTS from STANDING and SPECIAL COMMITTEES 
None.

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HEARING OF CITIZENS, (second.)
Speaker: Chirstine and Eric ________ 
Subject:   Concern about security and safety measures at Indian Point.

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Speaker: Andrew Fischer Knollwood Road

Subject: Indian Point peaking facility.

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Speaker: Ruth Iberman Mohegan Lake

Subject: Suggested spraying to control mosquitoes.

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ADJOURNMENT 
Councilmembers Sloan and Cerreto moved the meeting be adjourned at 9:20 p.m.

Supervisor Puglisi asked that all stand to honor the memory of Dominick D'Onofrio, recently deceased father of the Town Assessor, Salvatore D'Onofrio.

Respectfully submitted,

JO-ANN DYCKMAN, 
Town Clerk