Meeting Schedules

August 13, 2002

Town Board Minutes

A Regular meeting of the Cortlandt Town Board was conducted on Tuesday, August 13, 2002 in the Vincent F. Nyberg Meeting Room of the Cortlandt Town Hall, One Heady Street, Cortlandt Manor, New York (10567) with the following elected and appointed officials in attendance:

                        LINDA D. PUGLISI                                       Supervisor
                        FRANCIS X. FARRELL                                 Councilmember
                        ANN LINDAU                                               Councilmember
                        JOHN E. SLOAN                                          Councilmember
                       JOSEPH D. CERRETO                                  Councilmember
                                                                                       

Also present:
                        JO-ANN DYCKMAN                                      Town Clerk
                        THOMAS WOOD, ESQ.                                Town Attorney
                        GLENN CESTARO                                        Comptroller
                       
EDWARD VERGANO                                    Director, DOTS
                        JEFF TKACS                                                DES/Coor. of Safety & Sec.
                       
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 7:30 p.m.

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PLEDGE to the FLAG

Supervisor Puglisi stated that Councilman Cerreto, as a member of the Army Reserves, will be serving our country for the next several weeks. She wished him Godspeed and asked him to lead everyone in a Pledge of Allegiance.

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SUPERVISOR'S REPORTS on PROJECTS and ISSUES
Supervisor Puglisi said she hoped everyone is enjoying their summer and taking advantage of the many recreational facilities offered by the Town of Cortlandt.

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Jeff Tkacs gave an update on West Nile Virus saying it still remains a lethal public health threat in this area. The Westchester Department of Health has an made an arrangement with Mavis Tires on Route 6 that they will accept old tires at no charge to residents to eliminate that source of mosquito breeding ground. Any other birdbaths, buckets and water accumulation spots on private homeowners' properties are being urged to be emptied, thus eliminating a major source of breeding ground. For information on West Nile Virus, call 914-813-5609. The Westchester County website is Westchester Gov.com. Click on the Department of Health for a wide range of West Nile information. If there are any other issues or concerns, residents may call the Town's DES at 737-0100.

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A Lifesaver Award has been presented to the Town by the Hudson Valley Blood Services. We periodically conduct blood drives at Town Hall coordinated by Denise Lowery of the Supervisor's office. Many people in the community have participated by donating blood.

 

SUPERVISOR'S REPORTS
A Remembrance Ceremony for the victims of the September 11, 2001 disaster is being coordinated by the City of Peekskill and the Town of Cortlandt. Other municipalities have been invited to join in.

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A regional information center at the Toll House will be opened on Sunday, September 22, 2002 at 12 noon and there will be more information coming soon.

Supervisor Puglisi thanked Governor Pataki and NYS who gave the Town a grant of $500,000.00 and, also, Councilman Joe Cerreto for all of his assistance. She also thanked Ed Vergano, Director of DES.

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Last week Supervisor Puglisi, Councilmembers Lindau and Farrell attended the grand opening at the Town Center of a sixteen foot mural which will be on permanent display at this location. The artist will be present at the September Town Board meeting to talk about her painting of the Hudson River.

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Supervisor Puglisi, announcing he is retiring after twenty-nine years of service to the Town, called Richard McIntyre to the podium. She thanked him for his many years of dedication to the Town and praised his assistance to her during her years as Supervisor.
On behalf of the community and the Cortlandt Town Board, she presented him with a plaque thanking him for his 29 years of service and dedication.

Richie thanked everyone for the opportunities given to him including previous administrations, as well as office staffs and the people he worked with. He thanked the residents and businesses saying working with them was a joy which he enjoyed every moment.

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ROLL CALL
On a roll call attendance administered by Town Clerk Jo-Ann Dyckman at 7:50 p.m. all Councilpersons indicated their attendance.

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TOWN BOARD REPORTS
Councilmember Ann Lindau said she had been liaison to the DES for 6 or 8 years, working with Richie McIntyre and Jeff Tkacs. She said they had always been there for her and the whole department was very impressive.

She wished Joe Cerreto well during his service with the Army Reserves, saying she hopes he returns home safely and quickly.

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Councilmember John Sloan said he always associated Richie McIntyre with disaster. Not that he was one, but that he was always in one. During a hurricane, tornado, or flood Richie was the Town's "go to" guy. He coordinated getting the people and equipment to the scene and also coordinated emergency services outside the Town. He has been and continues to be respected by his co-workers, Town Boards and whomever he has come into contact with. Councilmember Sloan wished him a very busy retirement.


Councilman Sloan referred to the many blue and white signs around the Town dealing with evacuation routes, saying they were installed by Westchester County. He commented that the Town was never told that they were going to be erected.

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Councilman Farrell said you could not ask for a better person to be called upon to solve a problem than Richie McIntyre. He was always able to deal with a situation calmly, offer kind and efficient service to the resident, at the same time taking the required action.

He suggested that residents visit the Town Center to look at the beautiful painting of the Hudson River, painted from Cortlandt Street looking out to Oscawana Island.

Councilman Farrell recognized Ed Cocozza, Co-Chair along with Andrew Fischer, of the Town's Traffic Safety Advisory Committee. They efficiently handle traffic issues that are brought to their attention by residents, making recommendations to the appropriate Town department after having visited the site.

Westchester Avenue in Verplanck is subject to serious flooding during heavy rainstorms due to the area's topography. A plan developed by the Engineering Department will be implemented in an attempt to solve the problem.

This is not the first time this year that Councilman Cerreto has been called into duty. He said the Army Reserve is a very serious commitment and his service is commendable.

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Councilman Cerreto said that anything he could say about Richie McIntyre would be superfluous, but he said he made sure everything was done no matter what time he got the call and he made certain it was done efficiently and correctly.

Saying he has been called to active duty, Councilman Cerreto said the duration of his time of service is unknown. His travel orders so far are initially for Germany and his real destination is unknown. He thanked board members for their sentiments and hopes the Town will maintain contact with him through e-mail.

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APPROVAL of MINUTES
Minutes of the Regular meeting of July 16, 2002 were approved as presented by Town Clerk Jo-Ann Dyckman, unanimously, on motion made by Councilpersons Sloan and Cerreto.

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PUBLIC HEARINGS, (Complete transcripts of the following Public Hearings are on file in the Office of the Town Clerk)


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Public Hearing to consider an amendment to Local Law No. 9-2001 to extend the established building moratorium within the Town of Cortlandt for one year.
Town Clerk Jo-Ann Dyckman presented and read the Notice of Public Hearing as had been published in the Official Town of Cortlandt Newspaper.

Supervisor Puglisi called the Public Hearing to order at 8:10 p.m.


 

PUBLIC HEARING - Re. Consider amending Local Law No. 9-2001
Supervisor Puglisi gave a brief preface statement saying we have an ongoing building moratorium for almost a year and the Town is considering extending it for one additional year since we have a comprehensive master plan underway with members of the community, staff and an outside consultant to look at enhancing our community.

Thomas Wood, Town Attorney, said this Local Law would continue the moratorium through September 30, 2003. It provides that the Planning Board will not consider any additional applications with respect to subdivision or site plan approval. However, there are exemptions for any subdivision which creates all affordable housing units as defined by Westchester County; any addition to a commercial structure of 1,000 square feet or less may proceed before the Planning Board, as well as any minor subdivision. This is a subdivision the net result of which are two lots or less. That is the substance of this extension of the moratorium.

Councilmember Sloan said he had enthusiastically approved the first year's moratorium because it was linked to the master plan which is still in the works, and he will probably vote for this one. However, he would be averse to voting for any future moratoria because moratoria are used as a tool and not as a strategy. He does see the need this year for a moratorium due to the Master Plan, but he does not feel he would be voting for future ones.

Supervisor Puglisi said the Master Plan Committee will have the document completed for submission to the Town Board within the coming year.

Barbara Montes, 292 Locust Avenue, said she is against continuing the moratorium, since she does not feel it serves the best interest of residents or businesses. She feels progress should not be stopped until we get our Master Plan in place.

Supervisor Puglisi said we have experienced a lot of progress in the community and we need to review where we are going and where, how, etc. every several years. A moratorium is a way to accomplish this.

There were no additional people wishing to comment on this topic and the Public Hearing was closed on motion made by Councilmember Cerreto and seconded by Councilmember Lindau. All voted AYE.

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

RESOLUTION NO. 254-02 - RE: Adopt negative declaration in the matter of an amendment to Local Law No. 9-2001 to provide for a one year extension to the established building moratorium within Cortlandt.

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LOCAL LAW NO. 5-02 - RE: Amend Local Law No. 9-2001 and extend the established Building Moratorium within the Town of Cortlandt for one year.

There was no discussion. All voted AYE.

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Public Hearing to consider authorization for the submission of applications to Westchester County for Community Development Block Grant Funds for the years 2002 to 2005.

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 Public Hearing to order. She stated that over the past ten years these block grants have brought millions of dollars in funding and assisted the Town government in many capital improvement projects; infrastructure improvements such as replacing water lines; improving recreational facilities; sidewalk projects.

Andrew Fischer, Knollwood Road, asked who on the to speak to for a determination for which categories the funds are available.

Supervisor advised him that a list of the projects is available from the Town Clerk. The actual funding comes from HUD. A certain amount of funding arrives for Westchester County municipalities and each municipality may apply. There is a criteria that has to be met by the block grant procedure. Cortlandt has been very successful in obtaining these funds over the last ten years, perhaps the most successful.

Supervisor Puglisi further discussed the method of applying for the funds.

Ed Vergano said information he is seeking is available in the Planning Division. Check projects that are currently being funded and projects that are to be considered.

T. Wood said it's also important to note that the community where the project is proposed has to meet eligibility requirements as shown on the census so that limits the areas that can be applied for.

Supervisor Puglisi said that Chris Kehoe is the Planning Division is the Staff Co-ordinator and he can give additional information. She gave Conklin East Sewer District as a recent example of block grant money received since the Town received over $400,000 from CDBG and it helped to offset that neighborhood which qualified for the criteria.

Councilman Farrell said one thing he feels is important to know is that President Bush has suggested cutting some of the funding to counties like Westchester which is deemed a "wealthy" county. This does not mean that every community or Town is necessarily wealthy. Some areas fall into a low category and any cut in available funding would hurt the Town. He opined that we may want to talk to County Legislator Oros and make our voices heard that we do not want the funding cut.

Further discussion amongst Town Board members ensued regarding criteria for application of CDBG funds.

Laurie DeCico, 207 Seventh Street, Verplanck, said she has worked with the Verplanck Residents' Association and has seen a great deal of improvement throughout the Town from these very successful grants.

Supervisor Puglisi pointed out that Laurie was recently appointed to be the Town's community representative to attend the meetings in Westchester County, along with Chris Kehoe and herself.

There were no additional persons wishing to comment. The Public Hearing was closed on motion of Councilmember Lindau, seconded by Councilmember Farrell. All voted AYE.

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

RESOLUTION NO. 255-02 - RE: Adopt a Negative Declaration in the matter of submission of applications to Westchester County for Community Development Block Grant funds for the years 2002 to 2005.

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RESOLUTION NO. 256-02 - RE: Authorize the submission of applications to Westchester County for Community Development Block Grant funds for the years 2002 to 2005.

There was no additional discussion. All voted AYE.

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Public Hearing to consider an amendment to Local Law No. 3-1996 which established the Department of Technical Services.

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 when the Town Board established the DOTS in 1996, it provided for a transition when two senior department heads were getting ready to retire at the time and it was the creation of a concept. The Town Board, in that Local Law, indicated that after a few years of operation the board would have to make certain refinements to keep the operations of the merged departments running smoothly. That is what the Town Board is doing this evening, amending the existing Local Law by deleting certain provisions which have become irrelevant because of retirements. It reflects certain information that Civil Service has now provided to the Town based on analysis of the functions the personnel within that department and more clearly defines the personnel requirements of that department.

There were no additional persons desiring to speak and the Public Hearing was closed on motion made by Councilmember Farrell and seconded by Councilmember Sloan. All voted AYE.

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

RESOLUTION NO. 257-02 - RE: Adopt a negative declaration in the matter of amending Local Law No. 3-1996 which established the Department of Technical Services.

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LOCAL LAW NO. 6-02 - RE: Adopt a Local Law amending Local Law No. 3-1996 which established the Department of Technical Services.

There was no additional discussion. All voted AYE.

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HEARING of CITIZENS, (agenda items only)
Andrew Fischer, Knollwood Road, asked about the following and was answered by either the Supervisor or the appropriate department head:

a. Annual Paving Contract.
b. Kirquel Development and Cortway Apartments applications
c. Asked that in the future the addresses of a property be included on the agenda
d. Asked when the In Rem list for the October 17, 2002 sale would be available and was told that the list currently available is for properties that will be foreclosed. A list will be available sometime in September for In Rem properties for sale.

 

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Sy Silverman, Crugers, asked whether funds are included in the budget for emergencies.

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BID REPORTS

Councilmember Sloan moved that bids opened July 15, 2002 for the Montrose sidewalk project be received and ordered filed. Councilmember Cerreto seconded the motion. All voted AYE.

Councilmembers Sloan and Cerreto moved for adoption of the following resolution:

RESOLUTION NO. 258-02 - RE: Award contract for the Montrose sidewalk project.

Discussion: Ed Vergano advised that Billota Contracting was the low bid for approximately $165,000. Approximately one half of the low bid that was submitted will be covered under a CDBG program that was alluded to earlier in the meeting. The project involves the construction of a sidewalk from Kings Ferry Road along Route 9A to the Hendrick Hudson High School.

There was no additional discussion. All voted AYE.

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REPORTS
Councilmember Cerreto moved that the following monthly reports be received and ordered filed, seconded by Councilmember Lindau:

June, 2002 - DES/Senior Division.
July, 2002 - DOTS/Water Division, Purchasing Department, Received of Taxes,
Town Justices and Town Clerk.

Discussion: Supervisor Puglisi said these filed reports are available in the Town Clerk's office for examination.

There was no further discussion; all voted AYE.

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OLD BUSINESS

Correspondence:

Councilperson Lindau moved the following documents be received and ordered filed, and the resolutions indicated be adopted, seconded by Councilperson Farrell:

Report from DES regarding a letter from Lorraine McGuire with respect to a lease agreement for property on Eighth Street, Verplanck.

RESOLUTION NO. 259-02 - RE: Authorize a two year lease for property on Eighth Street, Verplanck.

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Report from DES with respect to Michael McCallion's letter regarding Bonnie Hollow Road drainage.

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Report from DES with respect to Lakeland School District's letter requesting sanitation collection.

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Reponse dated July 1, 2002 from Hendrick Hudson School District regarding a letter from Cross Road residents. A report from DES on same matter.

 

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Report from the Town Assessor regarding a proposed land donation from the Estate of Kathleen Gloven.

RESOLUTION NO. 260-02 - RE: Authorize acceptance of land donation from the Estate of Kathleen Gloven.

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Letter from Westchester County Planning in reponse to a referral from the Town regarding an application for proposed Planned Village Development by Kirquel Development Ltd.

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Letter from Cronin Engineering dated August 5, 2002 with respect to Cortway Apartments Ltd. Refer, also, to DOTS.

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The 2002 In Rem list with respect to the October 17, 2002 sale.

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Memo from Councilman Sloan regarding technology projects.

Discussion: Councilman Sloan said they are continuing to undertake a number of technology initiatives. For the last couple of years the concern has been with building up infrastructure dealing with computers. Going forward, a few more sophisticated initiatives will be undertaken, such as improving security systems, physical and logical. They're also actively exploring making credit card payments via the web. They anticipate that they will shortly have an announcement regarding some of the initial programs under consideration. They are also looking for a computer technician to join the Town of Cortlandt family and work full time as a technician to do some of the tasks.

There was no additional discussion. All voted AYE.

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NEW BUSINESS
Correspondence:

Councilmember Farrell moved that the following items of correspondence be received and ordered filed and referred to the appropriate departments, as indicated. Councilmember Lindau seconded the motion.

Petition from Linda and Dominick Cortese and Cattano Agata for a parcel located at 8 Laurie Road; also, Robert Benze for a parcel located at 10 Hampton Place.

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Letter from Jean DeSantis requesting a street light on Cynthia Road. Refer to DES and the Traffic Safety Committee.

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Letter from residents of Pamela Road requesting speed limit signs. Refer to DES and the Traffic Safety Committee.

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Letter from Craig Gustavson with respect to safety issues on Red Mill Road. Refer to DES and the Traffic Safety Committee.

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Memo from the Town Justices with respect to budget matters.

There was no additional discussion. All voted AYE.

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

Councilmembers Cerreto and Sloan moved to adopt the following resolutions, as amended:


RES. NO 261-02 - RE: Appoint Domenic Cassese as a mechanic to fill a vacancy in the Department of Environmental Services.

Discussion: Supervisor Puglisi introduced the new employee who was in the audience.

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RES. NO. 262-02 - RE: Authorize adjustments to the hourly schedule of Mary Kim Cesarini in DES/Recreation. (AMENDED to include the following resolution.)

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RES. NO 263-02 - RE: Authorize adjustments to the hourly schedule of Dawn Mahoney of DES/Office for the Aging.

Discussion: Supervisor Puglisi stated that the two preceding employees had asked for three fifths employment rather than their current five fifths and the Town is accommodating them and the Town will not be filling the vacancies of the 2/5 positions.

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RES. NO. 264-02 - RE: Authorize the Town to seek bonding for the construction of the Conklin Park East Sewer District.

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RES. N0. 265-02 - RE: Authorize the Director of DOTS to enter into an agreement with Westchester County with respect to GIS Services.

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RES. NO. 266 -02 - RE: Authorize funding for the Peekskill/Cortlandt September 11 Remembrance Ceremony scheduled to take place at the Riverfront Green.

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RES. NO. 267-02 - RE: Authorize the Supervisor to execute an Intermunicipal Cooperation Agreement with respect to the Purchasing Department.

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RES. NO. 268-02 - RE: Schedule a Special Town Board meeting for August 19, 2002 at 7:00 p.m. to award a contract for the 2002 paving bid.

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RES. NO. 269-02 - RE: Schedule a Public Hearing for September 24, 2002 to
consider amending Local Law No. 2-1996 establishing the Department of Environmental Services.


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RES. NO. 270-02 - RE: Authorize the release of a letter of credit in the amount of $10,000 to the Cortlandt Racquet Club.

There was no additional discussion. All voted AYE.

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

Councilmember Lindau then moved that the following documents be received and ordered filed, referred to the indicated department; and the resolutions adopted.. This was seconded by Councilmember Farrell.

Letter from Sandport Supply dated August 8, 2002 regarding a monitoring fee for the re-activation of an existing railroad spur. Refer to DOTS/Engineering and the Department of Law.

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Letter from residents regarding a tent on Oregon Road. Refer to the Planning Board.

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Resolutions
RES. NO. 271-02 - RE: Authorize DES to commence drainage work in the area of Westchester Avenue, Verplanck.

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RES. NO. 272-02 - RE: Schedule a Public Hearing on September 24, 2002 to consider amending Section No. 265-11E of the Subdivision Regulations of the Town regarding recreation fees.

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RES. NO. 273-02 - RE: Schedule a Public Hearing September 24, 2002 to consider a Local Law regarding issuance of Building Permits in major subdivisions.

There was no 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 COMMITEES
None.

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HEARING of CITIZENS, (second)
Bill Primavera, Yorktown Heights, Re. a.) Considers Westchester County evacuation signs to be a waste of money. b.) Town may want to consider modified version of Riverkeeper resolution that Town of Yorktown adopted.

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Abby Lupe, Mohegan Lake: Re. Inviting Supervisor to enter into a dialogue with many grass roots organizations studying methods of keeping Cortlandt viable in the event of closure of Indian Point facilities.

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Supervisor Puglisi advised the public that Mr. Jeff Tkacs had been appointed Cortlandt's Homeland Security Officer in addition to his other many duties. He will periodically give reports to the community on Indian Point and other pertinent security matters.

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James Reilly, Victoria Avenue, Montrose: Re. a.) When will there be public meetings regarding Master Plan. b.) Praise of R. McIntyre. c.) Suggest Town consider purchasing property on Victoria Avenue to construct sewage treatment plant.

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Andrew Fischer, Knollwood Road: Re. a.) Oregon Road. b.) Toll House, c.) pilot agreements.


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ADJOURNMENT
Councilmembers Sloan and Cerreto moved that the Town Board meeting be adjourned at 9:00 p.m. All voted AYE.

Respectfully submitted,


 

JO-ANN DYCKMAN,
Town Clerk