Meeting Schedules

Town Board Minutes

A Regular Meeting of the Town Board of the Town of Cortlandt was conducted on Tuesday, October 8, 2002 in the Vincent F. Nyberg Meeting Room of the Town Hall of the Town of Cortlandt, One Heady Street, Cortlandt Manor, NY (10567) with the following elected officials and appointed staff in attendance:

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



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
JOHN LIPPERT DES/Highway
FRAN SURAK DES/ Aging
PETER McMILLAN Purchasing Director
CLAUDIA VAHEY Human Res. Dir.
CATHERINE M. HOFFMAN Deputy Town Clerk

 

* * * * * * * * * *
MEETING CALLED to ORDER
Supervisor Puglisi called the meeting to order. She welcomed Councilman Joseph Cerreto who had recently returned from serving duty with the U. S. Army Reserves in Germany.

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PLEDGE to the FLAG
Girl Scout Troop #1203 from the third and fourth grades at Buchanan/Verplanck Elementary School led all in attendance in a Pledge to the Flag.

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SUPERVISOR'S REPORTS on PROJECTS and ISSUES
Supervisor Puglisi discussed the activities of the Pride in Cortlandt Committee, chaired by Dominick Volpe, saying the Town had just received a very prestigious award which included a check in the amount of One Thousand ($1,000.00) Dollars.

Councilmember Ann Lindau, liaison to the Historic Rivertowns, said each year for the past six or seven years, the Ginsberg Development Corp. has given each Town along the River money to plant flowers in barrels. At the end of the summer, judging of each Town is done by representatives from Ginsberg's. A condition of the award this year was not only beautification, but what each Town had done environmentally to save water. This year the Town of Cortlandt was the winner of the Gold Award. A plaque and the top money of $1,000.00. One hundred and fifty (150) barrels were planted this year and Councilmember Lindau urged more businesses to participate next year.

* *
Jeffrey Tkacs and Councilmember Joseph Cerreto approached the podium to present a plaque from St. Vincent's Hospital, Manhattan, to John Dillon, honoring him and the Cortlandt Regional Paramedics for their assistance and support during the aftermath of the September 11, 2001 disaster.

SUPERVISOR'S REPORTS, (cont.)
John Dillon accepted the award on behalf of the volunteer members of the Cortlandt Paramedics and said three cars and six medics went to the scene within an hour of the event.


* *


Pam Ventura, Esther Jackson and Pat Morro, members of the Hudson Valley Hospital Auxiliary presented the Town with a portable defibrillator to be located in Town Hall; a machine that can be used on-site until an ambulance arrives. It has saved many lives during a heart attack. An EMS co-ordinator from the hospital will train people in use of the machine. The hospital has donated six to eight defibrillators throughout the Town, Buchanan, Montrose areas.

Supervisor Puglisi presented the Auxiliary with a Certificate of Award recognizing them for their dedication and work on behalf of the Cortlandt community.

* *

Supervisor Puglisi has recently been requested by the Town government to participate in Governor Pataki's government task force. She is very honored to accept this, saying only three or four people throughout New York State have been selected to serve on this task force. She will be giving a presentation next week in Kingston at a State seminar, talking about the projects which have been worked on collectively during her administration to provide better services for the community, regional planning, cost control, a new police plan, joint waterworks - a regional approach to government with the Town of Yorktown and the Montrose Improvement District, and all of the other projects that the Town has been involved in.

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ROLL CALL
All Town Board members indicated their presence on a roll call administered by Town Clerk Jo-Ann Dyckman.

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TOWN BOARD REPORTS
Councilmember Ann Lindau welcomed Councilman Joe Cerreto back and said she is looking forward to working together with him.

* *

Councilmember John Sloan reported on his attendance at the union rally for Indian Point workers at the Peekskill Riverfront Green. There were about seven to eight hundred people in attendance. In the continuing rage about the closing of the plants, Councilman Sloan said he would like to see really concrete proposals made which address the fate of the workers, the tax bases at Hendrick Hudson School and all of the reports and debates by the people who are looking to close the plants. All he sees at best is lip service and the workers are viewed as a natural fallout as to what happens if Indian Point closes.

The Councilman's second point is that he has been appalled at what he sees in the senatorial race in New Jersey. Part of government says you do the right thing, not the thing that you can get away with. He referred to the thirty-six students from a government class at Hendrick Hudson High School who attended the September 24, 2002 Town Board meeting, saying he wondered what this Jersey senatorial activity tells these students. Does it tell them, basically, that "as long as you can win, it's all right to do it."

Councilmember Sloan, (cont.) He disparaged the two Democrats, Senators Daschle and McGreevy, who orchestrated the maneuver to run Frank Lautenberg in place of Senator Torricelli and said he is hopeful that the residents of New Jersey do the right thing in November.

* *

Councilmember Farrell said the Town is engaged in repaving many of its roads and he complimented the contractor for his job performance.

He referred to a recent presentation for a new Sprout Brook recreation facility, saying it is a great project and discussion is being held as to how to phase this in over time.

The Town is also considering purchase of the Condon property and renovation of the existing building.

The Battery Place bridge situation also is of concern to the Town and residents.

He pointed out that these are all big ticket items that must be considered and budgeted for in addition to the ongoing operations of the government. At a time when the economy is uncertain, the Town Board will have "it's hands full." and he said residents should participate in aiding Town government to reach the best decisions for the community.

Councilman Farrell then thanked members of the Department of Environmental Services for their ongoing work to repaint the highway garage on 8th Street, Verplanck. Although we're contemplating moving that operation, Councilmember Farrell opined that it will be occupied for two or three more years. It now looks presentable.

* *

Councilmember Cerreto said it is absolutely terrific to be home. He never appreciated technology as much as in the last eight weeks. He appreciated the packets received from the Town Clerk's office and also the ability to send and receive e-mails. He thanked people for their cards and e-mail communications saying it made a tremendous difference.

* *

Supervisor Puglisi introduced Fred Pardee, an employee in the DES who, she said, was one of the persons responsible for the Town receiving the winning award in the Hudson Rivertowns' planting competition.

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APPROVAL of MINUTES
Councilmember Sloan moved that the minutes of the Special Meeting of September 9, 2002 and the Regular Meeting of September 24, 2002 be approved as presented by Town Clerk Jo-Ann Dyckman. Councilmember Lindau seconded the motion and all voted 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 in the Office of the Town Clerk.)

Recovene Public Hearing adjourned on September 24, 2002 to consider a Local Law with respect to the issuance of building permits in major subdivisions.

Supervisor Puglisi called the hearing to order at 8:00 p.m. She said she had visited Blue Jay Estates in July with Ed Vergano and spoke with neighbors about having their road become a public Town road through dedication. The developer went through the Planning Board process to have the homes approved, but it's taken several years for the road to become improved to the extent that the Town legally could make it a public road. She discussed with her colleagues any measures that can be taken to ensure that developers complete, expeditiously, these improvements where people already live in their homes. The reason for this public hearing is that some people have been living in this development for two or three years with undedicated roads. The children have to be picked up at the end of the road because the school district may legally not travel on an undedicated road.

The Town Attorney said this Local Law, if adopted, would restrict the number of building permits that could be issued in a subdivision and the restriction would be based on the amount of public improvement completion that had occurred. So that at no time could the developer finish all the homes until the road was actually accepted. There's twenty percent of the permits held back.

Supervisor Puglisi commented that they were told at the work session last evening that there is one item outstanding. This was confirmed by Ed Vergano. He said there is a maintenance bond outstanding and he should have it in a few days.

John Rainey, Blue Jay Estates, commented on other similar circumstances, such as Chapel Hill, Stonefield Farms, Red Mill Road. Thinks this would be a good law to pass and asked what would happen if the developer enters Chapter 11 during the building process.

T. Wood said that in addition to this restriction, they are required to post a performance bond or letter of credit which insulates the Town from the bankruptcies.

There was no one who wished to comments further and the Public Hearing was closed at 8:06 p.m., on motion made by Councilmember Lindau, seconded by Councilmember Farrell. All voted AYE. .
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Councilmember Lindau moved that the following legislation be adopted, seconded by Councilmember Farrell:

RESOLUTION NO. 303-02 - RE: Adopt a negative declaration in the matter of the issuance of building permits in major subdivisions.

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LOCAL LAW NO. 9-02 - RE: Amend Local Law No. 9-1989 entitled "Building Construction."

There was no additional discussion. All voted AYE.

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HEARING of CITIZENS, (agenda items only)
Speaker: John Rainey
2 Blue Jay Road

Subject: Commend Ed Vergano for his work on Blue Jay Estate Road dedication.

* *

Speaker: Andrew Fischer
24 Knollwood Road

Subject: Commended Town for paving job, tollhouse, cleanup of Red Mill Road.
Recommends advance notice to students regarding "no parking" signs to
be installed at Walter Panas High School.

* *

Speaker: Ken Kisel
Blue Jay Estates

Subject: Construction debris, water puddles at intersection of Jay Road and
Amato Drive and other minor problems left behind by builder.

* *

Supervisor Puglisi said the Town is also working with the developer of Stonefield Farms to correct basically the same issues so that road can become dedicated also.

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BID REPORTS
None.

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

August, 2002 - Receiver of Taxes,
September, 2002 - Town Clerk.

There was no discussion. All voted AYE.

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OLD BUSINESS
Councilmembers Sloan and Lindau moved that the following documents be received and ordered filed:

Report from the Traffic Safety Committee on the following referrals:
a.) Charles Kavans requesting a No U Turn Sign on Old Kings Ferry Rd.
b.) W. County DPS re: construction trucks on Lockwood Road.
c.) W. County DPS re: Riverview Road one way sign being ignored.
d.) Jean DeSantis requesting a street light on Cynthia Road.
e.) Residents of Pamela Road requesting a lower speed limit.
f.) Craig Gustavson re: Red Mill Road.
g.) Route 6/Lexington Avenue. (Not referred by agenda.)
h.) Route 202/Conklin Avenue. (Not referred by agenda.)

* *

Letter from Janet Devell regarding safety concerns on Red Mill Road.

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Letter dated September 24, 2002 from Teatown Lake Reservation, Inc. with respect to the Millennium Pipeline.

Discussion: Supervisor Puglisi said the Director of Teatown Lake praised the Town Board for their action in opposing the Millennium pipeline.

There was no additional discussion. All voted AYE.

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NEW BUSINESS
Correspondence;

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

Petition from Edward and Angela McGreal requesting a parcel located at 43 Edgewood Road and Known as Section 34.9, Block 2, Lot l be reinstated to the Peekskill Sanitary Sewer District. Forward, also, to Westchester County.

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Letter dated September 16, 2002 from the League of Women Voters requesting support for their request to the N.Y.S. Department of Conservation for a strong statewide application of the EPA Phase II Stormwater Rule. AMENDED - Refer to Legal, DOTS, DES, CAC and Save our Lakes.

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Letter from Donna Barkman advising of conditions at Croton Gorge on Quaker Bridge Road. Refer to DES.
* *

Letter from Christine Zieminski regarding road conditions on Dyckman Drive, Mohegan Lake. Refer, also, to DES and DOTS.


Letter from Charles and Margaret Ludlum regarding traffic safety concerns on Lockwood Road. Refer, also, to DES and the Traffic Safety Committee.

* *

Letter from Peekskill/Cortlandt Amateur Radio Association dated September 11, 2002 with respect to liability insurance for a support vehicle. Refer, also, to the Legal Department and the Comptroller.

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 total context affixed to the end of the official copy of this document.)

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

RESOLUTION NO. 304-02 - RE: Appoint Melissa Hoffman to the title "Technology Support and GIS Specialist."

Discussion: Supervisor Puglisi said M. Hoffman is a well qualified for the position. Both Councilman J. Sloan, Town Board liaison, and a staff committee appointed to assist the Town in advancing technologically have recommended this position. Councilman Sloan said they will continue to improve both internally within the Town and service
to our residents, as well. Later on in the meeting, Supervisor Puglisi introduced M. Hoffman, who was in the audience.
* *

RESOLUTION NO. 305-02 - RE: Appoint Sedgewick Rechin provisionally to the title "Animal Warden/Parking Enforcement Officer."

* *

RESOLUTION NO. 306-02 - RE: Authorize the Director of DOTS to award a contract with respect to the cleaning and maintenance of sewer lines on an emergency basis.
* *

RESOLUTION NO. 307-02 - RE: Authorize the Director of DOTS to retain a consultant to evaluate a tunnel option with respect to Battery Place bridge.

Discussion: Supervisor Puglisi thanked residents of Battery Place for their patience and cooperation in this ongoing situation. She hopes to come up with the final solution of all the entities involved in its resolution.

Councilman Farrell said he is frustrated by the County who claims responsibility for only the smallest portion of this project and who now suggests that an expensive evaluation be made of the feasibility of a tunnel under the road. It will cost $10,000 for this additional study which staff feels we can't go into a negotiation with them without having this base covered.

Ed Vergano said he felt this additional study should be completed in four weeks.

* *

RESOLUTION NO. 308-02 - RE: Authorize the Director of DOTS to conduct in-house soil testing within two weeks at Sprout Brook Park to determine the feasibility of constructing soccer fields.

There was no additional discussion. All voted AYE.

* *

Since Councilmember Farrell has indicated that his professional relationship with the contractor would require an abstention, an additional motion to adopt this resolution was made by Councilmembers Farrell and Sloan:

RESOLUTION NO. 309-02 - RE: Authorize the Purchasing Director to award a contract for snow plowing services for the 2002/2003 season.

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

Councilmember Sloan Yes,
Councilmember Cerreto Yes,
Supervisor Puglisi Yes,
Councilwoman Lindau Yes,
Councilmember Farrell Abstain.

The motion was declared adopted.

* *

RESOLUTION NO. 310-02 - RE: Authorize the Purchasing Director to advertise for bids with respect to telecommunication services/Centrex.

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RESOLUTION NO. 311-02 - RE: Authorize the Purchasing Director to coordinate an Intermunicipal scrap and surplus vehicle auction to include the Town of Ossining and the Village of Croton and award to the highest bidder.

* *

RESOLUTION NO. 312-02 - RE: Authorize the Director of Purchasing to declare surplus vehicles/materials and award to the highest bidder at the conclusion of the auction.

There was no additional discussion. All voted AYE.

* * * * *

Councilmember Farrell moved that the following action be tabled until the staff can craft a resolution they will be comfortable with. Councilmember Sloan seconded the motion.

Authorize a waiver with respect to monitoring fees for an approved railroad spur for Sandport Supply co. Monitoring to be conducted by CSXT.



Discussion: Supervisor Puglisi said this was a Planning Board approval and asked Ed. Vergano to comment.

Ed Vergano said part of the approval is a typical provision requiring four percent of the sight improvement to be paid to the Town for inspection services.. The developer has informed that the inspection will be performed by CSXT and has requested that we waive the four percent fee. E. Vergano said this is a "first" for him. Since there are some questions about the scope of responsibility and many modifications that can be made, he will defer to the Town Attorney on this issue.

Councilmember Farrell said he feels the Town would be relinquishing the overseeing of the project. Something they do not normally do. Inspections by the railroad are going to be required for the duration of the project's operation, not just for its construction. The resolution, as it's written, puts the burden on the applicant to notify the Town of any findings by the inspector, CSX. He feels this presents an opportunity for miscommunication. The inspection fee is a substantial sum. The resolution, as modified, reduces it from approximately $40,000 to $1500. For those reasons, Councilmember Farrell requests the motion be tabled until everyone on the board is more comfortable with it.

Supervisor Puglisi pointed out that it had been discussed at several work sessions and it had been agreed to put it on the agenda.

A polled voted was, as follows:

Councilmember Sloan Yes,
Councilmember Cerreto No,
Supervisor Puglisi Yes, until next month.
Councilmember Lindau No,
Councilmember Farrell Yes.

The motion to table any action was adopted. All voted AYE.

* * * * *

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

RESOLUTION NO. 313-02 - RE: Authorize an agreement with the City of Peekskill with respect to the recycling transfer station.

Discussion: Supervisor Puglisi said the Town had been working with the City of Peekskill, who has asked if they could become part of the Northern Tier Coalition transfer site at Roa Hook which is manned and operated by Westchester County.

Councilman Sloan voted NO. The rest of the board voted AYE and the motion was declared adopted.
* * * * *
Councilmembers Sloan and Lindau moved for adoption of the following resolutions:

RESOLUTION NO. 314-02 - RE: Authorize the signing of a Stipulation of Settlement and a payment of $25,000 with respect to Swarner vs. Town of Cortlandt.
* *

RESOLUTION NO. 315-02 - RE: Authorize the Town Attorney to commence a Declaratory Judgement with respect to the removal of billboards within the Town.

Discussion: Supervisor Puglisi said a resolution was passed seven years ago to remove billboards in the Town. They were to have come down on August, 2002 and the Town will now commence this declaratory judgement for their removal.

There was no additional discussion. All voted AYE.

* *

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

RESOLUTION NO. 316-02 - RE: Amend the Vehicle and Traffic Code and authorize DES to install "No Parking" signs along Croton Avenue in the area of Walter Panas High School.

Discussion: Supervisor Puglisi reminded Jeff Tkacs to contact the principal of Walter Panas as per the suggestion of A. Fischer.

There was no additional discussion. All voted AYE.

* *

Councilmembers Sloan and Lindau moved that the following item be removed from the agenda:

Order and Consent with respect to the dedication of "Amato Drive East", "Amato Drive Wast" and "Jay Road" in the subdivision known as Blue Jay Estates. REMOVED.

Discussion: Supervisor Puglisi stated that this item's removal was, once again, due to the developer's failure to submit the proper paper work. It may be placed on the Special Meeting agenda of November 4th.

Councilmember Farrell asked whether it would be possible to notify the Planning Board of an occurrence such as this when future projects by the same developer are considered.

Supervisor Puglisi said that's why a local law was just passed so that the developer will know when he gets final approval that he will bre handed a copy of this Local Law that we just passed and they'll know they better expedite this if they want their new homeowners to have a Town dedicated road.

There was no further discussion. All voted AYE.

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ADDITIONS to the AGENDA
Correspondence:

Councilmember Lindau moved that the following documents be received and ordered filed, seconded by Councilmember Farrell:


Petition from residents of Springvale Road requesting the Town install a street light. Refer, also, to DES.
* *

Letter dated october 4, 2002 from Cronin Engineering with respect to the Washington Trails subdivision. Refer, also, to DOTS and the Town Assessor.

* *

Letter from Matt Carlone requesting the Town Board consider a change of use for a parcel located on Oregon Road. Refer to the Planning Board, DOTS and the Legal Department.
* *

Letter from Rebecca Sloander with respect to safety concerns on Dogwood Road. Refer, also, to DES and the Traffic Safety Committee.

There was no discussion. All voted AYE.

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

RESOLUTION NO. 317-02 - RE: Schedule a Special Town Board meeting for Monday, November 4, 2002 at 7:00 p.m. AMENDED to adopt an Order and Consent for roads in Blue Jay Estates and authorize a waiver of monitoring fees for an approved railroad spur for Sandport Supply Co.

* *
RESOLUTION NO. 318-02 - RE: Authorize the Comptroller to issue a refund to Mr. George Brenish from an incorrect water bill.

There was no discussion. All voted AYE.

* * * * *

Councilmembers Sloan and Lindau moved to adopt the following:

RESOLUTION NO. 319-02 - RE: Authorize the Supervisor to execute an agreement with the Croton/Cortlandt Center for the Arts for cultural services.

Discussion: Supervisor Puglisi said this agency does a terrific job for the community and noted the quilt hanging in Town Hall, as well as the murals at the Community Center and Cortlandt Town Center.

Results of a polling of the board by Town Clerk Jo-Ann Dyckman was , as follows:

Councilmember Sloan Yes,
Councilmember Cerreto Yes,
Supervisor Puglisi Yes,
Councilman Farrell Abstain. (Professional relationship with the Center.)

The motion was declared adopted.

* *

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

RESOLUTION NO. 320-02 - RE: Authorize the Director of DOTS and the Legal Department to prepare necessary proceedings for the connection of the Cortway Apartments Ltd. to public sewers.

Discussion: Supervisor Puglisi said this is for the existing apartments. They did have a proposal for a future development of adjacent property that has been referred to the Committee of the Whole.

* *

RESOLUTION NO. 321-02 - RE: Authorize acceptance of security in the amount of $45,000 from George Pusey with respect to property located on Montrose Station Road.

* *

RESOLUTION NO. 322-02 - RE: Authorize acceptance of security in the amount of $5,000 from Andreas Tomais for soil and erosion security for Dunkin Donuts, Route 6.

There was no additional discussion. All voted AYE.

* * * * * * * * * *

BUDGET TRANSFERS
None.

* * * * * * * * * *

HEARING of CITIZENS, (cont.)
Speaker: Ken Kisel
Blue Jay Estates
Subject: What would happen if the developer decides not to post a maintenance bond.

* *

Speaker: John Rainey
Blue Jay Estates, Cortlandt Manor.
Subject: Indian Point

* *

Speaker: Ruth Iberman
Mohegan Lake
Subject: Overnight parking of commercial vehicle on residential road.

* *
Speaker: Jack Pettersen
Washington Street, Cortlandt Manor.
Subject: Supervisor Puglisi's travel expense vouchers.

* *

HEARING of CITIZZENS, (second.)
Speaker: Andrew Fischer
Knollwood Road, Cortlandt Manor.
Subject: a. Red Mill Road safety.
b. Presentation of draft Master Plan to Northeast Quadrant.
c. Removal of Traffic Safety Committee member.
d. Complimented P. McMillan on web-site enhancement.
e. Proposed Oregon Road golf course public hearing.

* * * * * * * * * *

ADJOURNMENT
The meeting was adjourned at 9:35 p.m.

Respectfully submitted,

JO-ANN DYCKMAN,
Town Clerk