Meeting Schedules

September 24, 2002

Town Board Minutes

 

A Regular meeting of the Town Board of the Town of Cortlandt was conducted on Tuesday, September 24, 2002 in the Vincent F. Nyberg Meeting Room in the Cortlandt Town Hall, One Heady Street, Cortlandt Manor, NY (10567) with the following elected officials and appointed staff members in attendance:

LINDA D. PUGLISI Supervisor 
FRANCIS X. FARRELL Councilmember 
ANN LINDAU Councilmember 
JOHN E. SLOAN Councilmember
Absent: 
JOSEPH D. CERRETO Councilmember (military leave)


 
Also present: 
JO-ANN DYCKMAN Town Clerk 
THOMAS WOOD, ESQ. Town Attorney 
GLENN CESTARO Comptroller 
EDWARD VERGANO Director, DOTS 
JEFF TKACS Co-Director, DES 
KATHLEEN BURLESON DES/Recreation 
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 to order at 7:35 p.m.

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PLEDGE to the FLAG
Councilmember Ann Lindau led all in attendance in a Pledge to the Flag

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SUPERVISOR'S REPORTS on PROJECTS and ISSUES
Supervisor Puglisi noted Councilmember J. Cerreto's absence, saying he is serving with the military overseas - the U. S. Army Reserves. She wished him Godspeed on behalf of all.

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Supervisor Puglisi introduced Mr. Hallock, a Hendrick Hudson High School teacher, leading a group of approximately twenty-five students who are pursuing a class in the study of government. The format of the class is basically what has meaning to them in America at the present time, across the nation as well as local issues.

The students were introduced and three approached the podium to ask varied questions of board members dealing with issues ranging from Indian Point and the Millennium pipeline, to emergency evacuation signs and procedures.

* *

A Certificate of Award was presented to Colleen Anderson, Youth Director at the Teen Center on Route 9A, Montrose

Kathleen Burleson, Director of Recreation noted that Colleen has recently completed a twenty-seven credit program at Westchester Community College to become an Addictions Counselor. Ms. Burleson noted that our Youth Center is partially funded by New York State Drug and Alcohol Prevention Programs to create alternatives to at-risk behavior for youth in the community. Thiis enables Colleen the skills to apply to her work with our youth. Although it was offered, she refused to be remunerated for her time spent in classes and took her schooling on her own time. She was recognized for the extra bit of effort that she has put into her job.

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Councilmember Farrell joined the Supervisor at the podium to present the Employee of the Quarter award to Keith Burris of the Highway Division of DES. Mr. Burris has been an employee of Cortlandt since 1972 and has a reputation for efficiency, safety and doing the right thing. He is also a team player, no matter what the job is. Councilman Farrell presented the Certificate to Keith on behalf of the Town Board and the Supervisor.

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The grand opening ceremony of the Tollhouse was held on Sunday, September 22nd. Governor Pataki who had earlier extended a grant in the amount of $500,000 for restoration of the building was present. The building, which is on the National Historic Registry, will be manned by volunteers from the Town Historical Society from 10 a.m. to 4 p.m. on weekends this year.

* *

Supervisor Puglisi introduced Ann Sekelsky Johann, the artist who painted a mural of the Hudson River that is displayed in the Community Room of the Cortlandt Town Center. Sponsored by the Croton-Cortlandt Center for the Arts, the Town did a matching grant with the Westchester Arts Council. A Certificate of Appreciation was presented commending the artist for her achievements and her dedication to the arts in our community. Ann presented a slide program introducing herself through her work and depicting her project.
 

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Jeff Tkacs, whose sole responsibility effective January 1, 2003 will be safety and security issues including not only at the Indian Point facility, but West Nile Virus, etc., addressed the meeting regarding his observation of the Evacuation Drill which operated from the Emergency Operations Center in White Plains today. His role is not to evaluate or critique the plans, but rather to effectively coordinate the network of emergency providers in the area to implement the plan. The information received today was information that could be used at the local level to assist and perform our role in the evacuation plan for Indian Point. The purpose of the drill today was to notify other department heads, Town Supervisor of the changing scenario and changing events occurring in the drill today.

He stated that the information received was accurate, consistent and timely and very helpful to the Town. The evaluations that will take place on a much larger scale will be extremely helpful to aid the NRC, EMA and James Lee Witt Associates, to determine the course of action with regard to an evacuation plan.

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ROLL CALL
On a roll call attendance administered by Town Clerk Jo-Ann Dyckman at 8:20 p.m., all Town Board members indicated their attendance except Councilmember Joseph Cerreto who is serving abroad with the Army Reserves.

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TOWN BOARD REPORTS
Councilwoman Ann Lindau said an information sheet which was put together by Director Fran Surak with comparison pricing of twenty-five drugs commonly taken by our senior residents is available at the Community Center or on-line at Westchester.gov.com.

As a representative of the Historic Rivertowns of Westchester, Councilwoman Lindau said a guide has been published of the restaurants in the area. She read a list of the restaurants and thanked them for their participation in this effort that is being made to bring tourists to the area. Copies of the guide are available at Town Hall, Chamber of Commerce office and theTollhouse.

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Councilman John Sloan commented on the excellent presentation by the Hendrick Hudson High School students and reiterated the Supervisor's invitation, saying he was certain the board would be happy to discuss with them in detail any questions they might have at a time and date convenient to them.

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Councilman Frank Farrell said the start of the meeting was very interesting and exciting and thanked the students for their participation.

Construction of the Oscawana boat launch will soon go out to bid to construct a small kayak or canoe boat launch. It's located just around the corner from the scene painted by Ann Johann which was just presented. The environmental laws that were enacted in the 1970's seen to be having an effect in that the area abounds with wildlife.

Councilman Farrell looks forward to the fruition of this project on which he has been working for a couple of years, saying it will be a great opportunity for people to take advantage of the natural beauty of the Hudson River.

 

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APPROVAL of MINUTES
Minutes of the Regular meeting of August 13, 2002 and the Special Meeting of August 19, 2002 were approved as presented by Town Clerk Jo-Ann Dyckman, unanimously, on motion of Councilmember Sloan and Councilmember Lindau.
 

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PUBLIC HEARINGS
(A complete stenographic transcript of the following public hearings is to be found on file in the office of the Town Clerk.)

Public Hearing to consider amending Local Law No. 9-1989 entitled "Building Construction."

Town Clerk Jo-Ann Dyckman presented and read the Notice of Hearing as published in the official Town of Cortlandt newspaper.

Supervisor Puglisi called the hearing to order at 8:30 p.m., asking the Town Attorney for a preface statement.

T. Wood said if this is adopted it will limit the number of building permits that can be issued in subdivisions. The issuance of building permits will be geared to the amount of public improvements that have been performed and completed so that no developer will be able to get 100% of their building permits within a subdivision unless all of the public improvements proposed for that subdivision are complete. The Local Law goes through on a percentage basis as to the percent of building permits that may be issued based on certain public improvement completion. It also allows projects to be phased that the development of a project can be cut down to halves, thirds, quarters, -- whatever the Planning Board or the Director of Technical Services may approve and that percentages are applicable within those various phases.

Supervisor Puglisi stated that recently some citizens from a subdivision on Oregon Road came in to speak to the board. They have been residing there for two or three years and have not had their roads taken over by the Town. The Town cannot legally do that until the developer completes all the improvements required by the Planning Board. The Town feels it's important to be able to tell the developer that the Town will insist these improvements be completed to benefit the residents of the subdivision, and that's the rationale for this Public Hearing this evening.

Since there is a proposed additional amendment to the Local Law as read by T. Attorney T. Wood, the board felt that there may be more questions to be discussed at the next work session prior to the October Town Board meeting.

There was no one additional who wished to speak on the issue and the Public Hearing was adjourned at 8:33 p.m. to the October 8, 2002 Town Board meeting on motion of Councilmember Lindau, seconded by Councilmember Farrell. All voted AYE.

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2.) Public Hearing to consider amending Section 265-11E of the Subdivision Regulations of the Town with respect to recreation fees.

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 at 8:34 p.m.

The Town Attorney said since the Town Board had previously authorized the increase of recreation fees to $6,000 per lot, the amount of money that's paid into the Town recreation fund whenever a new lot is created in the Town. This Public Hearing is to amend the subdivision regulations to carry through that increase and to make this consistent with the other policy in place.


There was no one additional who wished to speak and the Public Hearing was closed at 8:35 p.m. on motion of Councilmembers Farrell and Sloan. All voted AYE.

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

RES NO. 276-02 - RE: Adopt a negative declaration in the matter of amending Section 265-11E of the Subdivision regulations of the Town with respect to recreation fees.
 

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RESOLUTION NO. 277-02 - RE: Amend Section 265 -11E of the Subdivision Regulations with respect to recreation fees.

There was no discussion. All voted AYE.

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3.) Public Hearing to consider an amendment to Local Law No. 2-1996 establishing the Department of Environmental 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 at 8:35 p.m.

Supervisor Puglisi gave a brief history of the formation of the DES, saying this occurred after a permissive referendum indicated this was the desire of the residents. There were two Co-Directors. One of which, Co-Director R. McIntyre, recently retired. Jeff Tkacs, the other Co-Director will be in charge of safety and security issues for the Town effective January 1, 2003. The Town is currently interviewing for a new Director of DES and J. Tkacs will be assisting this new Director.

The Town Attorney said there were other technical amendments adding to the duties of the Department with respect to safety issues, special projects and also the Indian Point Emergency Preparedness Plan and has also been amended to reflect that it is effective January 1, 2003.

There were no comments from the community and the hearing was closed on motion made by Councilperson Sloan, seconded by Councilperson Lindau. All voted AYE.

* *

Councilmember Sloan moved for adoption of the following legislation, seconded by Councilmember Lindau:

RESOLUTION NO. 278-02 - RE: Adopt negative declaration in the matter of an amendment to Local Law No. 2-96 establishing the Department of Environmental Services.
 

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LOCAL LAW NO. 7-02 - RE: Amend Local Law No. 2-96 establishing the Department of Environmental Services.

There was no additional discussion. All voted AYE.

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HEARING of CITIZENS, (agenda items only.)
Speaker: Jeffrey Rumpf, 221 Peekskill Hollow Road, Executive Director of
CYO.
Subject: Proposed application for CDBG funds for provision of care for 120 children in after school and summer care facility in Putnam County.

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Speaker: Karen Wells, 28 Applebee Farm Road.
Subject: Thank the Town for their support in opposition to Millennium
Pipeline. It is a fight for every noxious problem that wants to
come into our community. Asks everyone to get involved.

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Speaker: Karen Jescavage Bernard, 259 E. Quaker Bridge Road.
Subject: Millennium Pipeline. Told students present that everyone's
participation is critical and urged them to attend a November 13
meeting at the Tarrytown Hilton in opposition of the project.

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BID REPORTS
At 8:50 p.m. Councilmember Lindau moved the bids for Conklin East Sewer District, opened on September 17, 2002 be received and ordered filed and the resolution adopted, seconded by Councilmember Farrell.

RESOLUTION NO. 279-02 - RE: Award contract for Conklin East Sewer District to Bilotta Construction Corp.

Discussion: Ed Vergano said the project involves the installation of approximately 4,000 linear feet of sanitary sewer in this district which includes Conklin Avenue, Crigler, Taylor and Ogden Avenues. The project is funded by the CDBG program and involves servicing approximately ninety-five (95) lots. Bids were received from seven qualified contractors and the winning bid came in at $723,000 which was less than the actual projections. Block grant funds are in the amount of $400,000.

Supervisor Puglisi said that Mr. Vergano and his department had put together a Town wide sewer master plan and we are investigating funding to help us to establish sewer districts throughout the community.

There was no additional discussion. All voted AYE.

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

July, 2002 - Senior Citizen Division of DES, Water Division of DOTS.
August, 2002 - Purchasing Department, Water Division of DOTS, Senior Citizen
Division of DES, Town Justices and Town Clerk.

There was no additional discussion. All voted AYE.

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OLD BUSINESS
Correspondence:

Councilmembers Sloan and Lindau moved the following documents be received and ordered filed, as amended:

Report from DES on Riverview Avenue improvements and Red Mill Road safety issues. (Based on request from Verplanck Preservation Committee.)

Discussion: Supervisor Puglisi said she and Mr. Vergano met with some residents of the Red Mill Road area last evening. Since they are awaiting further reports from other individuals and departments, they will have further dialogue in the future.

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Report from DES on Red Mill Road safety issues. (Based on letter from Craig Gustavson.)

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Memo from the Cortlandt Advisory Committee on the Wetlands, Waterbodies and Watercourse Ordinance. Refer, also to the Legal Department and DOTS. (AMENDED to also refer to the Planning Board.)

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Letter from Val Santucci on the dedication of Napa and Sonoma Roads. Refer, also to DES and DOTS.

There was no additional discussion. All voted AYE.

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NEW BUSINESS
Correspondence:

Councilmember Lindau moved the following items be received and ordered filed and the resolution adopted, seconded by Councilmember Sloan:

Reports of examination from the Office of the State Comptroller covering a period from January 1, 2000 to September 12, 2001.

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Letter from Karen Jescavage-Bernard asking for the board's position to the Village of Croton's proposed annexation of portions of the Town of Cortlandt.

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Letter from Weight Watchers requesting use of the Community Room at the Town Center.
 

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Letter from Bethel Inn dated August 19, 2002 requesting a crosswalk from the Inn to the parking area on the north side of Springvale Road. Refer, also, to DES.

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NEW BUSINESS, (cont.)
Report from Cortlandt Community Volunteer Ambulance Corps regarding a proposed Service Award Program. Refer, also, to the Legal Department, Comptroller and Town Assessor.

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Letter from Dorothy Young regarding a gift of property to the Town.
(CLERK'S NOTE: Letter has not been received from D. Young at time of
Town Board meeting.)

RESOLUTION NO. 280-02 - RE: Accept a gift of property to the Town of Cortlandt from Dorothy Young. (Conservation easement on Rancho Drive.)

There was no additional discussion. All voted AYE.

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

Councilmember Farrell moved that the following resolutions be adopted or removed where indicated, seconded by Councilmember Sloan:

RESOLUTION NO. 281-02 - RE: Appoint a Real Property Appraiser in the Assessor's Office.

* *

Appoint a Technology Support & GIS Specialist. (REMOVE from agenda.)

Discussion: Supervisor Puglisi said this would be removed until October 8, 2002.

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RESOLUTION NO. 282-02 - RE: Amend the Temporary Service List.

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RESOLUTION NO. 283-02 - RE: Appoint a Committee for the purpose of establishing a foundation with respect to the Tollhouse.

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RESOLUTION NO. 284-02 - RE: Appoint Gallagher Bassett as the Town's insurance carrier for general liability.

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RESOLUTION NO. 285-02 - RE: Direct Human Resources and the Legal Department to prepare and negotiate with the Town bargaining units a policy with respect to notification by Town employees of retirement or resignation.

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Order and Consent with respect to the dedication of "Michael John Amato Drive East", and "Michael John Amato Drive West" and "Jay Road" in the subdivision known as Blue Jay Estates. (REMOVED from agenda.)

Discussion: Supervisor Puglisi stated that she hoped this would be on the October 8 agenda; she is extremely displeased that the developer did not have the proper paper work available.
 

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RESOLUTION NO. 286-02
LOCAL LAW NO. 8-02 - RE: Authorize a correction with respect to Local Law No. 5-02.

Discussion: Town Attorney T. Wood said the moratorium adopted last month contained an exception that said any addition of up to one thousand, (1,000) square feet would not be stopped by the moratorium. The actual copy of the law that was adopted had 100 square feet, so this resolution is correcting it from 100 sq. ft. to 1,000 sq. ft.

There was no additional discussion. All voted AYE.

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

RESOLUTION NO. 287-02 - RE: Ranking proposed projects included in the application to Westchester County for Community Development Block Grant funds for the years 2002 to 2005.

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RESOLUTION NOS. 288-02 through 292-02 - RE: Authorize the Director of Technical Services, as follows:

RESOLUTION NO. 288-02 - RE: Issue Invitations to Bid with respect to waterlines on Skylark and Hillcrest.


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RESOLUTION NO. 289-02 - RE: Solicit surveying proposals with respect to Sherwood Road sewers.

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RESOLUTION NO. 290-02 - RE: Award contract for surveying services with respect to the proposed Route 6 Commercial Sewer District.

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RESOLUTION NO. 288-02 - RE: Issue Invitations to Bid with respect to the Oscawana Boat Launch.


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RESOLUTION NO. 289-02 - RE: Solicit surveying proposals with respect to intersection improvements at Locust Avenue and Oregon Road.

* *
 


RESOLUTION NO. 291-02 - RE: Solicit engineering and design proposals with respect to drainage improvements in the area of the Town Center.

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RESOLUTION NO. 292-02 - RE: Award contract for surveying services for the proposed Lake Meahagh Park improvements.

Discussion: Supervisor Puglisi commented that there are about eight big items on tonight's agenda that will take about thirty seconds to vote on, but represent about two or three year's work. She is very proud of the pro-active government that tries to address these important needs for our community. We apply for CDBG funds all the time. Many of our projects, such as Steamboat Dock, have reached fruition because of matching grants or total grants from Block Grant funding.

There was no additional discussion. All voted AYE.
 

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

RESOLUTION NO. 293-02 - RE: Authorize acceptance of a tax payment from New York State on property acquired by same.

* *

RESOLUTION NO. 294-02 - RE: Authorize a Stipulation of Settlement with respect to Section 59.1; no block; Lot 14 in settlement of the pending tax certiorari; property owned by A.T.& T.


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RESOLUTION NO. 295-02 - RE: Authorize an Agreement with Official Payment Corp. with respect to a pilot program for credit card payment services for certain Town offices.
 

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RESOLUTION NO. 296-02 - RE: Authorize the Purchasing Director to seek proposals for design services on-line resigtration for the Recreation web-site.

Discussion: Supervisor Puglisi stated that she will not be voting for this item. There has just been a recommendation to the staff that we try to not use any further consultants at this time. A tremendous amount of energy has gone into improving our technology and she thanked Councilman John Sloan for his efforts.

* *

RESOLUTION NO. 297-02 - RE: Direct Town staff to develop and recommend improved procedures with respect to single lot building applications for consideration by the Town Board.


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RESOLUTION NO. 298-02 - RE: Award a contract for technology security services for the Town computer system.

There was no additional discussion. All voted AYE.

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ADDITIONS to the AGENDA
Councilmember Farrell moved that the following items of business be added to the agenda, the correspondence be received and ordered filed and the resolutions adopted. This motion was seconded by Councilmember Sloan:

Correspondence:
Petition from residents of Pamela Road requesting the Town remove the recently posted speed limit signs. Refer, also, to DES.

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Resolutions:
RESOLUTION NO. 299A-02 - RE: Schedule a Public Hearing November 12, 2002 to consider a local law with respect to partial payments of taxes for residential properties.
 

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RESOLUTION NO. 299b-02 - RE: Reschedule the In Rem sale to November 21, 2002 at 10:00 a.m.
 

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RESOLUTION NO. 300-02 - RE: Authorize a petition to review the Federal Regulatory Commission's recent Millennium Pipeline decision.

Discussion: Supervisor Puglisi said the Town has retained the firm of Sine, Pagett and Reisell and they have advised that in order to proceed with our challenge of the pipeline, we need to file a Petition to Review and there is a sixty day period we have to submit this document. It will go to the Court of Appeals of either Washington, D.C. or the Second Circuit.
 

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RESOLUTION NO. 301-02 - RE: Authorize an adjustment of a tax bill and submission of the balance for the reimbursement for the STAR Program.

There was no addition discussion. All voted AYE.

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BUDGET TRANSFERS
Councilmember Sloan moved to adopt the following resolution, seconded by Councilmember Lindau:

RESOLUTION NO. 302-02 - RE: Authorize budget transfers.

Discussion: Glenn Cestaro discussed the proposed budget transfers, a copy of which documentation is affixed to the resolution.

There was no additional discussion. All voted AYE.

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REPORTS from VARIOUS DEPARTMENTS
None.


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REPORTS from STANDING and SPECIAL COMMITTEES
None.


* * * * * * * * * *

HEARING of CITIZENS, (second)
Speaker: Jack Pettersen, Washington Street, Cortlandt Manor.
Subject: a.) Offered his services in establishing a program for Town
employees desiring to further their education.
b.) Travel reimbursements that are not audited.

* *

Speaker: Karen Jescavage Bernard, 259 E. Quaker Bridge Road
a.) Submitted petition against proposed annexation of properties
in the unincorporated area of the Croton-Harmon School District to the Village of Croton.

* *


Speaker: Cy Silverman, Crugers.
Subject: Object to comments earlier made about Supervisor's travel expenses.

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ADJOURNMENT
The meeting was adjourned at 9:20 p.m. on motion of Councilmember Lindau, seconded by Councilmember Farrell, all voting AYE.


 

Respectfully submitted,


JO-ANN DYCKMAN,
Town Clerk