Monthly Town Board Meeting April 5,2018 7:30 p.m. Town ...philipstown.com/tba4518.pdfResolution...

March 22, 2018March 28. 2018

Monthly Town Board Meeting

April 5,2018 7:30 p.m. Town Hall

SALUTE TO THE FLAG

COMMITTEE REPORTS

1) Conservation Board 2) Recreation 3) Philipstown Communities That Care 4) Planning Board 5) Zoning 6) Highway 7) Building & Land Acquisition8) Putnam County Legislator 9) Cemetery Committee

REVIEW OF MINUTES

• Weekly Town Board Meeting of January 17, 2018• Philipstown Depot Theatre Annual Meeting of January 17, 2018• Monthly Town Board Meeting of February 1, 2018• Public Hearing of February 21, 2018 - Safe Storage of Firearms• Weekly Meeting of February 21, 2018• Monthly Town Board Meeting of March 1, 2018

AGENDA

1. Resolution adopting Local Law No. 1 of 2018 entitled “Safe Storage of Firearms.” NO PUBLIC COMMENTS

2. Resolution accepting the resignation of Annette P. Flaherty as Court Clerk effective April 6, 2018.

3. Resolution authorizing Town Clerk Merando to advertise for a full-time Court Clerk position.

4. Resolution approving the 2017 Conservation Board Annual Report and authorize Town Clerk Merando to forward said report to the NYSDEC.

5. Resolution authorizing a donation in the amount of $300.00 to the Nelsonville Fish & Fur for this years “Kids Fishing Day” scheduled for May 6, 2018.

6. Resolution authorizing Supervisor Shea to sign the extension of the Memorandum of Understanding between the Town and the Hudson River Valley Greenway Communities Council for a grant named Philipstown Depot Theatre’s Looking Swell. (Nunc Pro Tunc )

March 22, 2018March 28, 2018

7. Resolution establishing the standard work day and reporting Resolution for Elected Officials; Richard Shea, Tina M. Merando and Stephen Tomann.

8. Resolution directing Ron Gainer, Town Engineer and Stephen Gaba, Town Attorney to research and draft a Local Law changing the zoning for the Magazzino, 2700 Route 9, Cold Spring, New York.

9. Resolution authorizing Supervisor Shea to draft a letter supporting the preservation of Hill-Agor Farm property located next to the Putnam County Golf Course.

10. Town Clerk Merando to rescind the appointment of Allison Shea as Deputy Town Clerk and Deputy Tax Collector.

11. Resolution authorizing the release of Escrow Funds to Olspan, 2700 Route 9, Cold Spring.

12. Sandy Bohl to address the Town Board with regard to snow emergencies.

13. Resolution appointing the following to the Comprehensive Plan Update Committee:

Sean Conway Robert Rhodes Lithgow Osborne Teri Waivada Joe Regele Joyce Blum Catherine Kopf Tara Carroll Betsy Calhoun Marianne Sullivan Richard Butenski

14. Resolution authorizing a $500.00 donation to the Village of Cold Spring for the 2018 Fourth of July Celebration.

15. Code Enforcement Monthly Report.

16. Schedule Workshops/Meetings

17. Any other business that may come before the Town Board.

AUDIENCE

March 22, 2018March 28, 2018

VACANCIES

Recreation Commission (1)CV Water District (AWTPO) (1)

APPROVAL OF VOUCHERS

General Highway CVPD

ADJOURNMENT

CVWD

Weekly Town BoardJanuary 17, 2018

The Town Board held their Weekly Meeting on the above date at 7:30 p.m. at the Town Hall, 238 Main Street, Cold Spring, New York.

PRESENT

Richard Shea Nancy Montgomery John Van Tassel Michael Leonard Robert Flaherty

SupervisorCouncilwomanCouncilmanCouncilmanCouncilman

AGENDA

1. Resolution setting the Public Hearing for a proposed Local Law entitled Safe Storage of Firearms.

RESOLUTION #50-2018

RESOLUTION INTRODUCING LOCAL LAW NO. 1 OF 2018

WHEREAS, the Town Board of the Town of Philipstown has a local law before it entitled: “A Local Law to amend the Town Code by enacting a new Chapter 140 entitled” Safe Storage of Firearms”; and

WHEREAS, the Local Law proposes to enact a new Chapter to the Town Code requiring the safe storage of firearms in residences,

NOW, THEREFORE, BE IT RESOLVED as follows:

1. That the movant of this resolution does hereby introduce the proposed Local Law; and

2. That a Public Hearing on the proposed Local Law be set for February 21, 2018 at 7:30 o’clock p.m. and that due notice of the same is directed to be given by publication and posting.

Councilwoman Montgomery presented the foregoing resolution which was seconded by Councilman Van Tassel;

ROLL CALL VOTE

Supervisor Shea AYECouncilwoman Montgomery AYE Councilman Van Tassel AYECouncilman Leonard AYECouncilman Flaherty AYE

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Weekly Town BoardJanuary 17, 2018

Town Clerk Merando was excused from the meeting at 7:40 p.m.

Respectfully submitted by,

Tina M. Merando Town Clerk

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Philipstown Depot Theatre Inc., Annual MeetingJanuary 17, 2018

ANNUAL MEETING

Supervisor Shea called the meeting to order at 7:30 pm.

Presence of a quorum was established with at least 6 of the 7 members present.

RESOLUTION #-2018The following Resolution was presented by Councilwoman Montgomery, seconded by Councilman Flaherty and unanimously carried;

RESOLVED, that the following persons are elected directors of the corporation, each to serve for a term of three years; Joel Conybear, MJ Martin, Sheila Rauch, Robert Rhodes and Byron Stinson.

There being no further business to discuss, Claudio Marzollo made a motion, seconded by Supervisor Shea to close the meeting at 7:37 p.m.



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Monthly Town Board MeetingFebruary 1, 2018

The Town Board held their Monthly Meeting on the above date at 7:30 p.m., the Town Hall, 238 Main Street, Cold Spring, New York 10516.

PRESENT:Richard Shea Nancy Montgomery John Van Tassel Robert Flaherty Michael Leonard


Supervisor Shea opened the meeting with the Salute to the Flag.

REVIEW OF MINUTES

Minutes of the Monthly Town Board Meeting of December 7, 2017 were reviewed.

Councilman Van Tassel made a motion, seconded by Councilwoman Montgomery that the Minutes of the Monthly Town Board Meeting of December 7, 2017, are hereby approved as presented.

Minutes of the Weekly Town Board Meeting of December 20, 2017 were reviewed.

Councilwoman Montgomery made a motion, seconded by Councilman Leonard that the Minutes of the Weekly Town Board Meeting of December 20, 2017, are hereby approved as presented.

Minutes of the Special Town Board Meeting of December 26, 2017 were reviewed.

Councilwoman Montgomery made a motion, seconded by Councilman Van Tassel and with Councilman Flaherty abstaining that the Minutes of the Special Town Board Meeting of December 26, 2017, are hereby approved as presented.

Minutes of the Year End Meeting of December 27, 2017 were reviewed.

Councilman Van Tassel made a motion, seconded by Councilman Flaherty that the Minutes of the Year End Meeting of December 27, 2017, are hereby approved as presented.

Minutes of the Re-Organizational Meeting of January 11, 2018 were reviewed.

Councilwoman Montgomery made a motion, seconded by Councilman Flaherty that the Minutes of the Re-Organizational Meeting of January 11, 2018, are hereby approved as presented.

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Minutes of the Monthly Town Board Meeting of January 11, 2018 were reviewed.

Councilwoman Montgomery made a motion, seconded by Councilman Van Tassel that the Minutes of the Monthly Town Board Meeting of January 11, 2018, are hereby approved as presented.

COMMITTEE REPORTS

CONSERVATION BOARD - Councilman Leonard said that the Board was doing double duty the last couple of months joining ZBA meetings with regard to the towers which could be on wetlands. One issue discussed was CV issues: septic and wells. Another issue talked about was Hudson Highlands Reserve. With regard to Stormwater management they are coming up on their annual deadline. They are finishing their 4th quarter training for the highway department. Highway Superintendent Frisenda will be giving them updates on culvert cleaning so that the Town is ready for storms. Next meeting is February 13, 2018.

RECREATION - Councilman Van Tassel reported that they met on January 29, 2018 at which time the financial report and minutes were read and approved. Amber reported that the Spring Book is out and registration for the programs will open on March 8, 2018. The senior luncheon will be held on February 28, 2018 and the “Winter Carnival” is next weekend. Councilman Van Tassel then introduced Joel Conybear who gave an update on the activities at the “Winter Carnival”.

PUTNAM COALITION THAT CARES - Councilwoman Montgomery reported that they met this week and they had a lengthy discussion about the new drug coordinator position. She said that they are getting closer to narrowing down the candidates. There was another discussion on vaping, which is a major concern in the schools now. The coalition also participated in Haldane’s first “Family University” which was an eye-opener. This was in collaboration with the Putnam Communities that Care and Cove Care presenting a night of awareness regarding the drug epidemic. The coalition meets the third Wednesday of the month at 3:30 pm. Locations change so “like” them on Facebook to follow.

PLANNING BOARD - Councilman Flaherty reported they met on January 18, 2018. First on the Agenda was the return of escrow for Olspan. The next agenda items were two Public Hearings: Robert Miller/Alltec Service Center and Hudson Highland Reserve. New business discussed: SEJE Realty and James Copeland. Old business: Lake Surprise. Next meeting is scheduled for February 15, 2018.

ZONING BOARD - Councilman Van Tassel reported that a special meeting was held on January 22, 2018 to continue the Public Hearing on the proposed cell tower on Vineyard Road. The meeting was closed and voted 4-1 opposed to issuing a special use permit. The next meeting will meet on February 12, 2018 at Town Hall.


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HIGHWAY - Councilman Van Tassel read the report submitted by the Highway Department, which is on file in the Town Clerks office.

BUILDING & LAND ACQUISITION - Supervisor Shea reported that they are ordering windows for the Town Hall building.

CEMETERY COMMITTEE - Councilman Leonard reported that they received a bill for the fall restoration at the Cedar Street cemetery. He has been researching cleaning and maintenance of some of the headstones and will present to the committee this month. He has also been working with the Carmel Rep for the County Cemetery Committee. Councilman Leonard and the Carmel Rep both volunteered to hold a meeting in the Town where all of the towns will come over to visit the cemeteries. Councilman Leonard said that he has receive a lot of very good comments from the County. The committee is also looking at having scouts from the schools to help mapping. He said that they are moving forward with the County with a 501 c3 which will help with private funding. Next meeting is February 13, 2018.

PUTNAM COUNTY LEGISLATOR - Legislator Scuccimarra had a conflict and could not attend.


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TOWN OF PHILIPSTOWN MONTHLY REPORT OF TOWN SUPERVISOR

MONIES RECEIVED AS OF FEBRUARY 1, 2018

GENERAL & PART-TOWN FUNDS

Justice Fees 11/17 PC Mortgage Tax CTV Fees CTV Fees RecFees 11/17 Rec Fees 12/17

HIGHWAY FUND

Gen Fund GasGen Fund GasPC GasPC Gas

CONTINENTAL VILLAGE WATER DISTRICT

Water Collection

CONTINENTAL VILLAGE PARK DISTRICT

Clubhouse FeesClubhouse Fees

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AGENDA

1. Resolution in support of Immediate State Agency Rule-making for Tanker- Avoidance Zones.

Town Clerk Merando noted that this resolution was passed before. This resolution is urging the DEC to issue strict regulation to prohibit new anchorage grounds from being sited at locations where they impose a clear and direct threat to the environment, quality of life and regional economic goals.

Supervisor Shea said that much of what we have here involves the Hudson River and that needs to be protected at all costs.

RESOLUTION #-2018The following Resolution was presented by Councilman Flaherty, seconded by Councilman Van Tassel and unanimously carried;

WHEREAS, in 2016 the U.S. Coast Guard proposed establishing new anchorage grounds along the Hudson River between Yonkers and Kingston; and

WHEREAS, Governor Cuomo signed A.6825a/ S.5197b into law and positioned New York State to continue to fulfill its responsibility to the Hudson River and its communities from the many potential dangers presented by oil-carrying vessels on the Hudson River and the proposed additional barge anchorage grounds; and

WHEREAS, the federal government and New York State share concurrent jurisdiction over the Hudson River, and as long as action by the state is not inconsistent with existing federal regulation and does not unreasonably burden interstate commerce, New York has significant authority to regulate navigable waters like the Hudson when the state’s interest warrants special precautionary measures; and

WHEREAS, it remains a top priority of the Town of Philipstown to prevent any new anchorage grounds in the Hudson River from being sited at locations where they pose a clear and direct threat to the environment, quality of life, and regional economic development goals of the Hudson Valley; and

WHEREAS, the Town of Philipstown is home to the Little Stoney Point, Cold Spring Foundry and the Hudson Highlands State Park the integrity of which would be threatened by the establishment of new barge anchorage grounds; and

WHEREAS, the Town of Philipstown has documented its concerns about the anchoring of petroleum-carrying tankers, including disrupting the economic vitality of the waterfront,

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endangering drinking water supplies, damaging fish habitat and detracting from scenic beauty and quality of life along the river adopted June 1,2017, Resolution #99-2017; and

WHEREAS, the USCG recently conducted two Ports and Waterways Safety Assessment (PAWSA) workshops for the stretch of the Hudson River between the Tappan Zee Bridge and the Port of Albany, and a recommendation to establish new anchorage grounds was discussed and could be part of the USCG’s PAWSA report; and

WHEREAS, New York State has secured important victories that have been essential to public health, the environment and the economy of the state, including the administration’s support for the Environmental Protection Fund, the ban on hydraulic fracturing, increasing funding for the state’s Oil Spill Response Fund, and issuance of water quality permit decisions relating to energy development and transport have been among these many accomplishments; and

WHEREAS, the new law gives the Department of Environmental Conservation the ability to establish areas of the Hudson River where it shall be unlawful for petroleum-bearing vessels to enter, move or anchor; now therefore be it

RESOLVED that the Town Board of the Town of Philipstown requests that DEC Commissioner Seggos immediately advance a rulemaking process to establish Tanker Avoidance Zones for petroleum-bearing vessels, implementing the strongest possible regulations allowed under the law; and be it further

RESOLVED that the Town Board of the Town of Philipstown, New York be hereby authorized and directed to send a copy of this resolution to the Hon. Andrew M. Cuomo, Governor of the State of New York; the Hon. Basil Seggos, Commissioner of the Department of Environmental Conservation, the Hon. Sue Serino; the Hon. Sandy Galef, and to such other persons as the Town of Philipstown’s Supervisor Shea in his discretion, may deem proper in order to effectuate the purpose of this resolution.

2. Proposed resolution calling for the release of the risk assessment related to the Algonquin Pipeline crossing of Indian Point.

Paula Clair addressed the Board stating that she had sent them a packet which contained a letter from Sandy Galef asking for the risk assessment results be released, along with a sample resolution. She read a statement on this issue and explained why she thinks it is important that the town considers this resolution.

Supervisor Shea said that the Board has a copy of the sample resolution and the Board will review. He does not have any reservations asking for the release of the plan which was paid for with tax payer money.

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3. Resolution to re-appoint the following to the Philipstown Zoning Board of Appeals for a (5) year term:

Paula Clair Zoning 5-year term expiring March 31,2023

RESOLUTION #-2018The following Resolution was presented by Councilman Van Tassel, seconded by Councilman Flaherty and unanimously carried;

RESOLVED, that the Town Board hereby re-appoints the following to the Philipstown Zoning Board of Appeals:

Paula Clair Zoning 5-year term expiring March 31,2023

4. Resolution to re-appoint the following to the Philipstown Planning Board for a four (4) year term:

Anthony Merante (Chair) Planning 4-year term expiring March 31,2022Neal Zuckerman Planning 4-year term expiring March 31, 2022


RESOLVED, that the Town Board hereby re-appoints Anthony Merante as Chairman to the Planning Board for a term of four (4) years which will expire on March 31, 2022.

RESOLUTION #-2018The following Resolution was presented by Councilman Flaherty, seconded by Councilman Leonard and unanimously carried;

RESOLVED, that the Town Board hereby re-appoints Neal Zuckerman as a member to the Planning Board for a term of four (4) years which will expire on March 31, 2022.

5. Resolutions to re-appoint the following to the Philipstown Conservation Board for a two (2) year term:

Mark Galezo Eric Lind Robert Repetto Andrew Galler

Conservation Bd Conservation Bd Conservation Bd Conservation Bd

2-year term expiring March 3, 2020 2-yearterm expiring March 3, 2020 2-year term expiring March 3, 2020 2-yearterm expiring March 3, 2020

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RESOLUTION #-2018The following Resolution was presented by Councilman Leonard, seconded by Councilman Van Tassel and unanimously carried;

RESOLVED, that the Town Board hereby re-appoints the following to the Philipstown Conservation Board:

Mark Galezo Eric Lind Robert Repetto Andrew Galler

Conservation Bd Conservation Bd Conservation Bd Conservation Bd

2-yearterm expiring March 3, 2020 2-yearterm expiring March 3, 2020 2-year term expiring March 3, 2020 2-yearterm expiring March 3, 2020

6. Resolution authorizing Supervisor Shea to sign the agreement between the Town of Philipstown and the Putnam Humane Society for fiscal year 2018.


RESOLVED, that the Town Board hereby authorizes Supervisor Shea to sign the agreement between the Town of Philipstown and the Putnam Humane Society for fiscal year 2018.

7. Resolution authorizing the release of escrow funds for The Garrison Cafe (Matthew & Lydia McMahon.)

RESOLUTION #-2018The following Resolution was presented by Councilwoman Montgomery, seconded by Councilman Van Tassel and unanimously carried;

RESOLVED, that the Town Board hereby authorizes the release of escrow funds for The Garrison Cafe (Matthew & Lydia McMahon.)


Town Clerk Merando read the reports submitted for Cold Spring and Philipstown which are on file in the Town Clerks office.

9. Schedule Workshops/Meetings

February 21, 2018 Public Hearing - Safe Storage Act - Haldane@7:30 pm

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Town Clerk Merando added an item: Claudio Marzollo is asking that a building permit fee of $726 be waived for work at the Depot Theatre.


RESOLVED, that the Town Board hereby waives the permit fee for the Depot Theatre work.

Supervisor Shea said that he will have a conference call tomorrow with the building inspector, Steve Gaba, and the Town Attorney about the illegal dumping. He will let the Board know what comes of that and when they want to meet because the Town needs to come down on them hard.

Supervisor Shea reported that he had a good meeting today with the Mayor of Cold Spring, Michelle Smith and a representative of Scenic Hudson with regard to the Fjord Trail. It is not only about the trail, but what option there are for rerouting people.

Councilman Flaherty announced that the Royal vouchers will be available again this year.

Supervisor Shea expressed condolences from the whole Town to the Budney family for the tragic loss of their son.

Councilman Van Tassel said that during the Zoning Board testimony about the cell towers he had a conversation with Hank Menkes who suggested that we implement some changes to the Zoning Code to preempt the 5G service that is coming down the pike. Mr. Menkes will put together a proposal to meet with us either in February or March to make an adjustment or some changes to our current Zoning code. Once he receives the proposal back from Mr. Menkes he will put everything together and then the Board can pick a date to get together.

Councilman Leonard said that he, Councilwoman Montgomery and Councilman Flaherty are involved with the Comprehensive Plan Update Committee which met on January 11 and 25th. He said that there is one person working on full demographics. The Committee is looking at the situations with cell tower issue, zoning, infrastructure, tourism, economic development, and consolidation. He noted that Nat Prentiss is doing a good job. Another thing is the Climate Smart Committee and the discussions on taking a look at your carbon footprint. He announced that there is a Community Echo Action Workshop on March 3 at the Desmond Fish Library from 10 am to 4 pm. They will have a number of guest speakers and will cover a number of areas with a lot of information that can be beneficial.

Councilwoman Montgomery had a conversation with Chairman Nat Prentiss and she thinks it is important that the Comprehensive Plan Update Committee is resident driven even though it was initiated by the Town Board. Mr. Prentiss did want a little input from

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the Town Board as to what they wanted to see. At the first meeting she pointed out to the Committee that most of our land use issues were covered. She said that there are a few things that need a little more attention regarding land use issues, but she is interested to see what the Town Board would like. Another thing is that she attended the monthly Philipstown Senior Club meeting today. They were introduced to the new Putnam County Director of Senior Resources, Michael Cunningham. He, County Executive O’Dell, Legislator Scuccimarra gave an overview and an update on Butterfield.

AUDIENCE

Paula Clair added that she was glad to hear that the Town’s Engineer is suggesting changes with regard to the cell tower issue. She would also like to suggest a change to the zoning code with regard to cell towers: that being the distance from a residence should be significantly increased.

Michelle Smith, HHLT said that they made a recommendation to the Planning Board to take a look at the cell tower policy of the Adirondack Park Agency, which is very good. Another thing she wanted to mention was that HHLT will have an educational forum on February 5, 2018-7:00 pm at Winter Hill to answer question. Ms. Smith introduced Karen Doyle the new Manager of Public Policy and Planning.

VACANCIES

CV Water District (AWTPO) (1)Recreation Commission (1)


Councilman Van Tassel made a motion, seconded by Councilman Flaherty and unanimously carried that the General Vouchers in the amount of $1,981,894.15 are hereby approved as set forth in Abstract 1 & 2.

Councilwoman Montgomery made a motion, seconded by Councilman Flaherty and unanimously carried that the Highway Vouchers in the amount of $139,296.05 are hereby approved as set forth in Abstract 1 & 2.

Councilman Leonard made a motion, seconded by Councilwoman Montgomery and unanimously carried that the CVPD Vouchers in the amount of $3,670.31 are hereby approved as set forth in Abstract 2.

Councilman Leonard made a motion, seconded by Councilwoman Montgomery and unanimously carried that the CVWD Vouchers in the amount of $13,592.04 are hereby approved as set forth in Abstract 1 & 2.

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There being no further business to discuss, Councilwoman Montgomery made a motion, seconded by Councilman to close the Monthly Meeting at 8:30 p.m.


Theresa Crawley Deputy Town Clerk

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PRESENT:

The Town Board held a Public Hearing on the above date at 7:30 p.m, at Haldane Central School, 15Craigside Drive, Cold Spring N.Y. The purpose of the hearing was to hear comments for/against aProposed Local Law to Amend the Code of the Town of Philipstown by adding a new Chapter 140 to beentitled, “Safe Storage of Firearms.”

Public Hearing - Safe Storage of Firearms February 21,2018

Richard Shea Nancy Montgomery John Van Tassel Michael Leonard Robert Flaherty Stephen J.Gaba

SupervisorCouncilwomanCouncilmanCouncilmanCouncilmanTown Attorney

Salute to the Flag.

Supervisor Shea opened the hearing with a moment of silence for the 17 victims of the Parkland Florida School.

Town Clerk Merando read the Public Notice.

Supervisor Shea began the Public Hearing explaining the proposed local law addresses firearms that are to be locked or stored securely when the owner or custodian is not present at the residence, to prevent theft and /or access by children who should not have access to firearms.

Supervisor Shea opened the floor for comments by the audience.

The first speaker was:

Putnam County Sheriff Robert Langley, Jr. read his comments into the record, {see attachment}. He addressed public safety, education, responsibility, safe schools, communication and building support systems for a safer community.

Supervisor Shea thanked Dr. Bowers and Haldane School for the use of the auditorium for the hearing.

Cindy Trimble explained some of the incidents that have occurred in the area of her parents’ house, and how the Municipal Home Rule Law may affect the situation.

Kathleen Zebzda began by reminding the Board, that upon entering office, they took an Oath of Office to do things for the town that they cannot do for themselves. It is your mandate that the liberties of every person are protected. The right of self protection, protecting myself in my own home is a Constitutional right and must not be infringed upon. She continued, with information from the text of the decision of the Supreme Court of the United States, District of Columbia vs. Heller, June 26, 2008, regarding page 58 of that decision. “ We must also address the district requirement as applied to the respondents hand gun, that firearms in the home to be rendered and kept inoperable at all times. This makes it impossible

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for citizens to use them for the core lawful purpose of self defense, and is hence, unconstitutional.” Finally urging the Board not to pass this law.

Supervisor Shea asked Town Attorney Stephen Gaba to address the Heller Decision.

Town Attorney, Stephen Gaba explained that with regard to the Heller Law, the Supreme Court dealt with a law passed by the District of Columbia, which prohibited firearms be stored in a residence, unless they were unloaded, disassembled and locked. The Supreme Court ruled that it infringed on the Second Amendment. Citing that if you were in your home you may need to access a hand gun for self defense. This law, on the other hand, applies when you are not home, when the gun owner is not in the house, and does not have the gun with them, they must leave the gun securely stored or locked if and only if, they have children in the residence or know that there will be children in the residence, who might gain access to unlocked firearms. That distinguishes us from the Heller Decision. We do not prevent, under this Local Law, people from accessing their guns because they are not going to be home where their guns are. When the person is home, it does not require the guns be locked, even if a child is in the house.

Some audience members expressed confusion over the Proposed Law. Following the explanation of the Town Attorney, some members of the audience had a change of heart.

Supervisor Shea explained why he read the law and the purpose of the Law beforehand and read it aloud,

Airinhos Serradas, then interjected that there is an opioid crisis, and presently the number one cause of death for our youth. He believes education for both the opioid crisis and firearm safety should be considered. He offered some criticism, with regard to utilizing five trained firearm instructors offering their services to the children and adults of our community. He concluded that this community needs to come together and educate.

Supervisor Shea asked Councilwoman Montgomery to address the comments before moving on to the next speaker.

Councilwoman Montgomery responded saying that two years ago when the skilled educational gun owners presented themselves at that meeting, they were invited to submit a proposal to the Recreation Department, which was never done. It is suggested that they submit the proposal to the Recreation Commission for review and action. It’s up to the citizens of this town to reach out promoting programs that are in their interests and needs. The Philipstown Community Who Cares group encourages participants with regard to issues at hand, and would love to see a presentation of firearms specialist. We have done educational workshops and Narcan trainings. After some time, the medicine return box was installed at the Philipstown Town Hall, which has been utilized. Another initiative is the appointment of the Drug Resource Coordinator which will be announced next month. She encouraged anyone interested in proposing new programs, to contact the Philipstown Recreation Commission. It was noted that the Recreation Commission meets the last Tuesday of every month, at the Recreation Center, and would be more than open to a program to be run and organized by qualified instructors.

Councilwoman Montgomery noted that they had gone over this at two previous workshops.

Rodney Dow, submitted the Yale Law School Program studies and law/ policies of safe gun storage. The abstract in this is basically that gun storage does nothing and in fact there are increases in greater violence and crime being committed. He has been keeping a record of gun accidents and opioid overdose deaths in Putnam County. He commented on a drug situation at the Landing, where residences had been

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broken into. Bottom line was that there is not a gun problem, but there is a drug problem. Research has not revealed any deaths to a minor from a firearm accident, in Putnam County. He would like to see a law where we lock up ail our drugs, {the study is on file in the Town Clerk’s office.}

Ken Sapeta echoed the opioid crisis vs firearms.

There were members of the audience voicing their opinions without being acknowledged, Supervisor Shea asks that the audience please be respectful of those who are speaking and to stay on topic, as the issue at hand is the Safe Storage initiative.

Ken Sapeta continued, saying that qualified firearm instructors offered their free services and the Town Board didn’t seize upon the opportunity. He made mention of a study that touched on the benefits of target shooting sports in children with inattentiveness, hyper activity and impulsivity.He said it is incumbent upon the Board that all those free resources are utilized. He once again offered his services.

Councilwoman Montgomery asked that he leave the program and she will take a look at it.

Many members of the audience addressed the Town Board stating that they support the safe storage of firearms law. Some have personally lost family members, some have concerns for their children.

Dave Marzollo, from Cold Spring, is very active in the community and he supports the law. The Safe Storage Law has nothing to do with the right to bear arms, it simply states, you lock them away when you’re not in the residence. There seems to be a lot of misunderstanding and misinformation, on local social media concerning the Second Amendment and our freedom and safe storage. He strongly supports the proposed local law.

Adam Scaggs, Consultant from the Gifford’s Law Center addressed the Town Board with the following statement:

Supervisor Shea asked that he speak before continuing on with the residents left to speak.

Audience member asks if we are onto non-resident’s now, is he a paid consultant, and is he getting preferential treatment?

Councilwoman Montgomery responds he is not a resident, he is not a paid consultant.

Supervisor Shea states he is running the meeting.

Adam Scaggs , Chief Council for Gifford’s Law Center/ to prevent gun violence, the legal arm of the organization, established by former Congress woman Gabrielle Giffords and her husband, Navy Combat Veteran and Astronaut Mark Giffords wanted to make two brief points. The first point, to address the suggestion that the contemplated ordinance, somehow violates the Constitution. This argument does not hold water. Go back to the decision of the District of Columbia vs. Heller, that we heard at length earlier tonight, and the passage from that which states that to prevent accidents, safe storage of firearms is fully constitutional and allows gun owners to keep a gun in their possession and their control to use in the home for self protection. But when it is not in their possession or under their control the firearms should be safely stored so as not to fall into the wrong hands. Finally, some are saying that the only way to

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enforce this law is for the Police to kick down doors of gun owners. This is not true, that is not how this is enforced. Look at what the law actually says and understand this common sense measure.

Councilwoman Montgomery addressed the audience explaining that Adam Scaggs and Rebecca Fisher will be getting up during the evening to speak.

Rebecca Fisher / New Yorker’s Against Gun Violence, We advocate for sensible gun safety laws at the Federal, State and Local levels. We work hard to ensure that our family’s and neighbors are safe in our communities. I am here to support the Philipstown community and to help pass a common sense safety law, to safely store firearms in their homes when the gun owners are not in their residence. States with common sense gun laws have fewer tragedies. Many well-meaning, law abiding gun owners do not lock up their guns. Research shows that 1.7 million minors in this country live in homes, with loaded, unlocked firearms. There is a clear need for safe storage practices. Unlocked guns in the home, significantly increase the chances that a fatal, unintentional shootings, and suicide are more likely. From 2004-2014, over 6000 minors intentionally shot themselves in this country.

A study showed that 65% of school shootings, covered by the study, the gunman used a gun from their home or from the home of a relative. It is worth emphasizing that leaving ones guns unlocked and unsecured in an empty home leaves the chance that a home intrusion will result in the gun being stolen. These safe storage laws have been upheld and passed in many towns including Beacon. Please pass a safe storage law. Thank you.

Supervisor Shea reminds the audience that he is chairing the meeting and you need to keep the comments quiet, while someone has the floor, or you may be asked to leave.

Claudio Marzollo, stated that most of the points he wanted to make have already been touched on. We have a terrible opioid problem, however it doesn’t mean that we can’t tackle other problems. The Town deals with a ton of things, from zoning, highways and more, and I think you can handle more than one problem. You can handle both, opioids and safe firearm storage and then some. People want to be safe. Let’s not wait for the first kid in town to get shot. Is there anyone here that can tell me that no kid will be shot here within the next twenty years? No. I know that some people want to sleep with a gun under their pillow because they feel unsafe, but that is not what this law is addressing. I urge you to pass this law.

Supervisor Shea apologizes to Adam and Rebecca for switching their last names.

At this point of the meeting, members of the audience raised their hands and announced their support of the proposed law. A list of all speakers are on file in the Town Clerk’s Office for the public’s review.

Steve Sterling strongly interjected that he is a parent of a student at Haldane. Noting that he was also a former member of the NRA. I took back my membership, because the NRA executive, Wayne LaPierre, wouldn’t change his campaign from control to safety. This is all about safety. This is not about changing the Second Amendment, they can barely pass a law in Washington, let alone change the Second Amendment. This is a safety issue, not a Second Amendment issue. It is all about gun safety, not gun control. Who could possibly have an issue with this, if you are not at home with your gun, store it safely. I love this community and appreciate you making this a Public Hearing. I ask you to support and pass this local law.

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Aaron Freimark, from Philipstown, I am impressed by the work the Board is doing, and I want to let you know that you have the support of the community.

Craig Watters thanked Sheriff Langley for his opening comments and agrees with him completely. We should also acknowledge that the earlier guest speakers, Rebecca and Jay are activists, they are from an activist organization and they are funded by activists, and using staff compiled by activists. It seems we have a Town Board of elected activists. He asked why is this not a resolution, why does it have to be a law? I think you would have 100% in agreement if this was a resolution. Laws are not asking they are telling you. I would also say that this law has moved considerably toward the middle.

Frank Haggerty added that gun storage is fundamentally a good idea, however, the matter at hand is going to criminalize a particular act, you may go to jail for a year if you are prosecuted of this offense, or a financial penalty. I think that the penalties should be lightened. He requested that the Town Board review the written comments he has submitted.

Linda Tafapolsky, from Garrison, I support this very sensible ordinance. I am a licensed Clinical Psychologist. I don’t think it goes far enough but it is a good first step. I was at a community event, and my children got bored and asked to go to a near by friends house, which was fine with the parents so when I went to pick them up they were engaging in target practice, aiming at a target against a telephone poll. I had never thought to ask if there were guns in the home and if so to lock them up. Fortunately, nothing bad happened. You can provide all the mental health services in the world, but that is not going to prevent gun deaths if guns are not safely stored.

Non Residents turn to approach the microphone.

Anthony Armerino of Putnam Valley, stated that while I agree with the statement of the law, I do not agree with the law. I feel it’s an overreach for you to tell people what to do in their homes. Everyone given a pistol permit is given gun safety training and they know they should take care of their guns when they’re not home. To make people buy a safe is a financial hardship. Is this going to be a criminal offense if someone violates it?

Supervisor Shea states that a trigger lock would suffice, and it would be a criminal offense to violate the law.

C. J.Mattison of Valhalla, recognized that when the law was first introduced it was a different scenario. Now it seems to indicate that you lock up your firearm when you are not at home. It makes perfect sense to me. It’s reasonable to me.

Marilyn Miller of Brewster, went on to say that she is really happy that you moved in the direction that you did. All responsible gun owners lock their guns up. As a youth, an unlocked gun saved me from an intruder, when my parents were not at home. Thank you for letting us voice our concerns.

Chris Turan of Tarrytown interjected that he is here to oppose the mandatory storage law. I must point out that this is a law, and not a resolution and if you break it there is a huge consequence, you can potentially face up to a year in jail. How many honest citizens will be thrown in jail for making an honest mistake? If a police officer observes an unlocked gun in your home, they will have to enforce the law. If your guns are locked in a safe, you will not have enough time to get the gun out of safe storage, before an intruder gains access to your home. In Putnam County there has not been a single accidental firearm death, in at least twenty years.

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Peter Froti of Mahopac, agreed that your law has changed considerably. He believes that many people will oppose the law as it is being presented. To label a law a safe law and to sneak in a bunch of additional legislation, was not a good thing to do. Had you worded it this way from the very beginning, you could have saved yourself a dozen meetings. There is no one against safety and no one wants to see another tragedy. A resolution is all that was needed without over stepping your authority.

Supervisor Shea responded saying that the Town Board does not sneak anything in, every meeting we have is public. Every law is online, available to everyone. The fact that everyone did not read the law, seems to be a problem this evening.

John Settembrino of Yorktown, stated that he grew up in the fifties and was taught right from wrong. His question was should we also lock up the kitchen knives, and chainsaws and hammers too. How about the keys to my car?

Supervisor Shea thanks everyone who stood up to speak, and informed everyone that we are not going to vote on it tonight.

A late request from a resident who would like to speak.

Joe Maloney stated the he is a gun owner, and I do practice safety with my guns. If I should leave my gun out and rush out on an emergency, am I then guilty of breaking the law, then getting fined and have my guns taken away from me? It should be a resolution not a law.

Supervisor Shea says that we will not be voting on this tonight, as we have a lot to consider.After a brief discussion, with Steve Gaba and The Town Board members, Supervisor Shea entertains a motion to close the Public Hearing.

Joe Vitanza of Cold Spring, explained that his firearms are locked everyday, no matter what. I am concerned because the person who doesn’t lock them up, it doesn’t matter to them. So the person like me, who is acting responsible, is the one who pays the price. It’s not going to effect those who are irresponsible. It’s common sense to me. You can make all the laws you want and the irresponsible guy is going to do whatever he wants.

Another person asks to speak.

James Callamano of Highlands, added that he grew up in Long Island where every school had a rifle team. In seventh grade, I participated in gun safety courses. During all the years of rifle shooting, no one got hurt, as we were all educated. The violence in the video games and on television, the violence in the movies and in the music lyrics, along with over medicating these kids seem to have a large impact. We are lucky we have good kids in this community. Kids can go over the bridge to Newburg and have a gun in an hour if they want one. Locking up the guns is a good thing, don’t get me wrong. In most cases, these people are mentally deranged, and if they are hell bent on getting a gun and shooting up a school, they will find a way. He added that when guns are outlawed, only outlaws have them, and guns don’t kill people, people kill people.

There being no further comments from the public, Councilwoman Montgomery made a motion, seconded by Councilman Van Tassel to close the Public Hearing at 9:55 p.m.

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Allison Shea Deputy Town Clerk

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Weekly Town Board Meeting February 21,2018

The Town Board held their Weekly Meeting on the above date immediately following the Public Hearing, at Haldane Central School, 15 Craigside Drive, Cold Spring, New York 10516.

Present:Richard Shea John Van Tassel Michael Leonard Robert Flaherty Nancy Montgomery

SupervisorCouncilman

CouncilmanCouncilmanCouncilwoman

1. Resolution to adopt Local Law # 1-2018 to amend the Town Code by enacting a new Chapter 140 entitled, “Safe Storage of Firearms.”

RESOLUTION #The following Resolution was presented by Councilwoman Montgomery, seconded by Councilman Flaherty and unanimously carried;

RESOLVED, that the Town Board hereby tables the adoption of a Proposed Local Law #1- 2018 to amend the Town Code by enacting a New Chapter 140 entitle, “Safe Storage of Firearms.”

2. Resolution authorizing the release of Escrow funds to Kristin Sorenson.


RESOLVED, that the Town Board hereby authorizes the release of the remaining Escrow Funds to Kristen Sorenson in the amount of $1,579.35 as recommended by the Philipstown Planning Board.

3. Resolution authorizing Supervisor Shea to sign the agreement between the Town of Philipstown and the Putnam County Office for Senior Resources for the Outreach Worker for the term of January 1, 2018 through December 31, 2018.

RESOLUTION #The following Resolution was presented by Councilman Van Tassel, seconded by Councilman Flaherty and unanimously carried;

RESOLVED, that the Town Board hereby authorizes Supervisor Shea to sign the agreement between the Town of Philipstown and the Putnam County Office for Senior Resources for the Outreach Worker for the term of January 1,2018 through December 31,2018

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4. Resolution introducing the proposed Local Law entitled “ A Local Law to amend the Town Code by repealing and re-enacting Chapter 156; Article VIII entitled “ Cold War Veterans Exemption” to remove the ten year limitation and schedule a Public Hearing.

RESOLUTION #

WHEREAS, the Town Board of the Town of Philipstown has a Local Law before it entitled: “A Local Law to amend the Town Code by repealing and re-enacting Chapter 156: Article VIII entitle “Cold War Veterans Exemption" to remove the ten-year limitation thereon.” And

WHEREAS, the local law proposes to amend the existing provisions in the Town of Philipstown Code granting property tax exemptions for certain qualified Cold War Veterans;

NOW, THEREFORE, BE IT RESOLVED,

1. That the movement of this resolution does hereby introduce the proposed local law, and

2. That a Public Hearing on the proposed Local Law be set for March 8, 2018 at 7:15 o’clock p.m. and that due notice of the same is directed to be given by publication and posting.

Councilwoman Montgomery presented the foregoing resolution which was seconded by Councilman Van Tassel,

The vote on the foregoing resolution was as follows:

Supervisor Shea AYECouncilwoman Montgomery AYECouncilman Van Tassel AYECouncilman Leonard AYECouncilman Flaherty AYE

5. Resolution approving the purchase of a 2018 Dodge Ram 3500 for the Highway Department.

RESOLUTION #

WHEREAS, the Town of Philipstown wishes to purchase a 2018 Dodge ram 3500 Tradesman 4x4 truck (“truck") for the Town Highway Department for $38,378.00 off of the County bid contract issued by Onondaga County and awarded to Robert Green Auto & Truck, Inc.; and

WHEREAS, the Town proposes to finance the purchase of the truck through an installment purchase agreement with KS State Bank; and

WHEREAS, the Town Board has investigated the cost of borrowing the funds for purchase of the truck as an alternative to the proposed installment purchase agreement and, further, the Town has completed and “Evaluation of Financing Alternative" (“EFA”) Form, a copy of which is attached hereto; and

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WHEREAS, the Town Board has determined that the borrowing funds for the purchase of the truck does not offer any advantages over the proposed installment purchase agreement; and

WHEREAS, the Town Board finds that the proposed installment purchase agreement with KS State Bank complies with the requirements of General Municipal Law § 109-b;


1. That the Town Board hereby approves the proposed purchase of the truck subject to the submission of a contract in a form acceptable to the Attorney for the Town” and

2. That the town Board hereby determines and finds that execution and delivery of the proposed installment purchase agreement with KS State Bank is in the best financial interests of the Town based on due consideration of the other available acquisition and financing alternative as set forth in the EFA form and on other administrative and management considerations with respect to the acquisition of the truck; and

3. That the Town Board hereby authorizes the Town Supervisor to execute the said contract, installment purchase agreement and such other and further documents as may be necessary to carry out the terms and conditions thereof.

Councilman Montgomery presented the forgoing resolution which was seconded by Councilman Van Tassel,


Supervisor Shea AYECouncilwoman Montgomery AYECouncilman Van Tassel AYE insert alternative statementCouncilman Leonard AYECouncilman Flaherty AYE

6. Resolution approving the purchase of a New Holland Mowing Tractor for the Highway Department.

RESOLUTION #

WHEREAS, the Town of Philipstown Highway Department is in need of an additional mowing tractor; and;

WHEREAS, the Town of Kent has offered to sell a New Holland mowing tractor, model TN70DA (“the tractor”) to the Town of Philipstown at a cost of $20,000.00;

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. That the Town Board hereby approves the proposed purchase of the tractor from the Town of Kent at a cost of $20,000.00; and

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Allison Shea Deputy Town Clerk

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The Town Board held their Monthly Meeting on the above date at 7:30 p.m. at the Town Hall, 238 Main Street, Cold Spring, New York.

PRESENT:

Monthly Town Board MeetingMarch 1,2018

Richard Shea Nancy Montgomery John Van Tassel Michael Leonard Robert Flaherty


Supervisor Shea opened the meeting with the Salute to the Flag.

COMMITTEE REPORTS

CEMETERY COMMITTEE - Councilman Leonard reported on the Cedar Street Cemetery, and the efforts moving forward to prune and cut down some trees. He announced that the County Cemetery Committee will be on March 14, 2018. He also reported that the Committee if filing for a 501C3, which any funds would be split between the 6 committees throughout Putnam. He stated that Michael Robertson created a new sign for the Mountain Avenue Cemetery. Councilman Leonard reported that Carmel and Philipstown Committee will have a joint meeting.

RECREATION - Councilman Van Tassel stated that the Summer Book will be released next week. Registration beings March 12th for residents and March 19th for nonresidents. The Depot Plaza work is scheduled to begin soon, and the Town Park will be opening in early April. Amber Stickle, Director of the Recreation Department spoke with the Commission and the need for coaches to fill all the scheduled programs.

PHILIPSTOWN COMMUNITIES THAT CARE - Councilwoman Montgomery reported on the Family University Program which was held at Haldane last month. A county program (Co-Care) has been working more closely with this side of the county, which is promising. She is hopeful that Danielle Pack-McCarthy, the Prevention, Treatment and Recover Coordinator will find the county programs beneficial to anyone locally that needs assistance without traveling to the other side of county. Councilwoman Montgomery reported that a 24 hour detox center may be opening in Dutchess County and the Lexington, located in Mt. Kisco is also available if needed. Three billion dollars are to be appropriated by the Federal Government to address the opioid crisis. The funding will be coming in the form of regional grants in the form of treatment rather than prevention. Councilwoman Montgomery noted that prevention is the key to this epidemic.

PLANNING BOARD - Councilman Flaherty reported on the items address at the Planning Board Meeting of February 15, 2018. The return of escrow funds to Kristen Sorenson was approved. Two Public Hearings were held for the Hudson Highland Reserve, which was continued from January 18, 2018, many concerns were discussed.

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Robert Miller/Altec Service Center and SEJE Realty, LLC were addressed. Linder old business, Surprise Lake Camp is seeking amended site plan approval for various site improvements to improve vehicle/pedestrian safety and James Copeland seeking to change use from retail to office space.

ZONING - Councilman Van Tassel reported on the items addressed at the Zoning Board of Appeals Meeting February 12, 2018. There was two Public Hearings, Essex Green, Inc. The Public Hearing for David & Ann Provan was closed and approved unanimously. Under old business the WHUD Tower replacement will have the Public Hearing on March 12, 2018. The Neave Group/Todd Berlander application was tabled, so that the Conservation Board could review it.

HIGHWAY - Councilman Van Tassel read the report submitted by Highway Superintendent, Carl Frisenda, which is on file in the Town Clerk’s Office.

PUTNAM COUNTY LEGISLATOR - Legislator Scuccimarra addressed the Town Board confirming the receipt of a letter from County Executive requesting input for a name for the Senior Center. The Town Board thought that it be named “The Julia L Butterfield Center” would be appropriate. Legislator Scuccimarra went on to say that it is her hope that some services from the county could be located at the site a few times a month, easing the burden for Philipstown residents and the traveling involved.

She also noted for the record, that County personnel have stepped in and completed some of the project work for the center. They completed the demolition, rough plumbing, and work on the roof, whereby, bringing the cost down. Councilman Flaherty asked if there was a time frame once the bids come in. She responded saying that is what she has been told, because its interior work, it wouldn’t be more than a few months. That’s why she reached out to Amber Stickle to discuss programming, which is just preliminary. She plans on coming before the Town Board to further discuss and sure up any possible programming. She complimented the Town Board for all the programs that they have implemented for the seniors. She also reported that the Post Office will be opening in March, with a 24 hour window.

County Legislator Scuccimarra gave a brief overview of a new incentive the County is taken on with regard to the opioid crisis. They are forming a task force with different agencies including the District Attorney, Senator’s, Assembly, etc. to meet monthly to assess trends, exploring the different entities and their approach. She welcomes Danielle Pack-McCarthy’s participation in this program.

Councilwoman Montgomery expressed her desire to have this task force and its participant come to the Communities that Care meetings. Legislator Scuccimarra pointed out that this is a countywide effort, it is her hope that the county meetings will then trickle down to each town.

CONSERVATION BOARD - Councilman Leonard reported that the Board reviewed the Full Environmental Assessment and revised preliminary drawings for the Hudson

Monthly Town Board MeetingMarch 1, 2018

2

Highland Reserve. Also discussed was Surprise Lake Camp, site plan approval for various site improvements. New business for Todd Berland to install a 12x16 foot pool with a deck and Filipe Ribeiro a proposed single-family residence with a deck. There was also a Stormwater discussion.


Councilman Flaherty announced that the Village of Cold Spring is now getting charged for recycling, which will filter down to us.

AGENDA

1. Resolution appointing Danielle Pack-McCarthy as the Prevention, Treatment & Recovery Coordinator.


RESOLVED, that the Town Board hereby appoints Danielle Pack-McCarthy as the Prevention, Treatment & Recovery Coordinator at the rate of pay of $24.00 per hour, not to exceed $10,000.00 for fiscal year 2018.

2. Resolution calling for the release of the Risk Assessment related to the Algonquin Pipeline Crossing at Indian Point

RESOLUTION #The following Resolution was presented by Councilwoman Montgomery seconded by Councilman Leonard and unanimously carried;

WHEREAS, the Town Board of the Town of Philipstown has a principal responsibility to protect the health and safety of its residents, businesses and institutions.

WHEREAS, the Town of Philipstown is located within the 50 mile evacuation zone of the Indian Point nuclear plant and a radioactive release there could adversely impact the health of Philipstown residents and business and institution personnel and/or render the Town of Philipstown uninhabitable for generations, and

WHEREAS, according to the January 8, 2017 Indian Point Closure Settlement Agreement,1 Indian Point reactors 2 and 3 are scheduled to be closed in 2020 and 2021, respectively with more than 2700 tons of highly radioactive spent fuel stored onsite, and

WHEREAS, the safe decommissioning of Indian Point is critical to the well-being of the Town of Philipstown residents, businesses and institutions, and

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WHEREAS, it will take decades to transfer the radioactive spent fuel to onsite dry cask storage, where it will be safer but not fully safe, and

WHEREAS, the Nuclear Regulatory Commission does not have expertise in gas pipeline dynamics and the Commission has not acknowledged that the gas pipelines pose an additional hazard at this site, andhere as, a massive high pressure 42” diameter gas transmission pipeline traverses the Indian Point property and a rupture in the pipeline at or near that location could destroy critical Indian Point nuclear safety infrastructure and back-up cooling equipment needed to protect the reactors and the spent fuel from igniting, and

WHEREAS, some elected officials have discussed siting a gas power plant on or nearby Indian Point property, and

WHEREAS, in February 2016 Governor Cuomo, recognizing the dangers of the co- location of the pipeline and Indian Point, asked four NY State agencies to undertake a risk assessment which resulted in the state initiating a work order for a risk assessment to be conducted by Henningson, Durham and Richardson in July 2016. The work order said that the risk assessment was to be completed by September 2016, the scope of which was subsequently expanded and due to be completed on December 31, 2016. The status of the risk assessment is unknown.

THEREFORE BE IT RESOLVED, that the Town Board of the Town of Philipstown, in the interests of its residents, businesses and institutions, urges that the New York State risk assessment be released as soon as possible so that elected officials, emergency providers and the public have the benefits of this information to be better prepared, that Entergy, the NRC and community groups and consultants involved in thedecommissioning process can include this information in decommissioning planning and that the consulting firm, D.L. English Consulting, that New York State hired to conduct a site reuse study, can have a better understanding of opportunity parameters; and, be it further

RESOLVED, that it is in the interest of the well-being of Town of Philipstown’s residents, businesses and institutions that the State conducts and releases an assessment that includes public input prior to any discussions regarding the possibility of siting a gas plant at or near Indian Point; and, be it further

RESOLVED, that the Town of Philipstown’s Town Clerk shall forward this Resolution to the Governor of New York State, to the New York State Legislators in both the New York State Senate and the Assembly that represent the Town of Philipstown and to New York State’s Public Service Commission Chairman, Department of Homeland Security and Emergency Services Commissioner, Department of Health Commissioner, Department of Environmental Conservation Commissioner, Empire State Development Commissioner and the NYSERDA Chairman to urge these actions be taken as promptly as possible.


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3. Discussion with regard to a revision to the Town Code, Section 175-46 which addresses Communication Towers.


Supervisor Shea explained this has come to the Town’s attention as a result of Homeland Towers. This addresses new technology 5G and the fact that it going to call for more towers. He went on to say that the Town needs to address it in some way, however, the proposal as submitted is unacceptable. It’s an open ended $300.00 an hour.

Councilman Van Tassel interjected that with 5G technology is that it’s not large towers, but rather multiple small towers, located every thousand feet. He explained that they may be small but make noise and generate heat. As stated by Mr. Menkes, if they are located in your front yard, no one will be happy with it. Mr. Menkes suggested that the Town get out a head of this, rather than being reactive. Councilman Van Tassel will reach out to Mr. Menkes to discuss the proposal and the rate of pay.

Robert Dee, Chairman of the Zoning Board stated that the current code sets in place a 150 foot setback, which he believes should read 50 feet. The second concern Mr. Dee has was that there are three zones, height being 195 feet and the rest of the zoning districts in the town is 110 feet. He suggested that the entire town should be 100 feet. The applicant needs to supply evidence of deficit of service, their submission report doesn’t really make sense to board members, and therefore, he would like a list of residents located at the proposed site submit an affidavit stating that they are having issues with cell service.

Discussion briefly continued with regard to the cell towers in the town.

4. Town Board and Justin Kacur of Highland Architect to discuss the prospered renovation to the Town Hall.

Justin Kacur with the aid of construction documents gave an overview of the proposed plans for renovations at the Town Hall. Noting that they have completed an analysis of this structure and the needed improvements. He stated that the construction is set and they are prepared for the bidding process. Councilman Van Tassel questioned whether or not staff will remain in the building during the renovations, Mr. Kacur responded saying the during the walk-through with the contractors, they will realize the logistics with that issue and devise a plan that would work for all.

5. Schedule meetings/workshops.

It was noted that meetings have been scheduled for next Wednesday and Thursday, March 7th and 8th.

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Town Clerk Merando read the Code Enforcement Monthly Report, which is on file in the Town Clerk’s Office.


Supervisor Shea reported that he met with the Town Attorney and Greg Wunner and they are going to pursue charges against the illegal dumping in the town.

He also reported that he attended two shared services meeting at the county, one being with the board of supervisors’ and the other with the county legislators to come up with a plan. There is a mandate from New York State that we have to show shared services this year otherwise we risk losing state funding. He noted that a lot of suggestion were made, and he believes it was a productive meeting.

Supervisor Shea brought up Magazzino, pointing out that it was constructed as an art storage facility. He then stated that everyone knows it’s a museum with visitors coming from all over to visit it as a museum. He believes that the Town Board should entertain changing the zoning on the site, so it can be a museum. He believes that it would be in the best interest to have it be what it is. Supervisor Shea stated that the Town Board will consult with the Planning Board on this matter. Kim Conner, member of the Planning Board stated that while she thinks Magazzino is a great thing, she wishes that the applicant had been more truthful when they presented their plans for this project. Supervisor Shea interjected that he can’t imagine a better outcome for that property and welcome it with open arms. He went to say that the Town Board will ponder the idea of changing the zoning for that parcel.

Councilwoman Montgomery stated she had spoken with Steve Gaba, Town Attorney with regard to changing the zoning in coordination with Ron Gainer, Town Engineer. Supervisor Shea responded saying that the Town Board should direct Steve Gaba to draft a resolution authorizing research and drafting of a Local Law to change the zoning. He asked Councilwoman Montgomery to reach out to the Town Attorney to draft the resolution and submit it to the Town Board for review.


Councilman Leonard gave an overview of the status of the Climate Smart Community’s endeavors and applauded everyone participating. He announced that the Garden Club will be holding an Action Workshop at the Desmond Fish Library from 10 a.m. until 4:00 p.m. on March 3, 2018.

AUDIENCE

Michele Smith of Hudson Highlands Land Trust addressed the Town Board to follow up on the updating water study. She stated that an update would include septic systems, Nelsonville and Continental Village issues and possible grants to address parcels of land that are close to i.e. Clove Creek and the Cold Spring water supply. She is asking

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to authorize Chazen Company to prepare a proposal to refresh the 2007 study. The Town Board agreed that a quote would be helpful to have an idea of the financial impact.

Michele Smith also informed the board that Hudson Highlands Land Trust will conducting a sustainability forum, which will address water on April 15, 2018 at the Highlands Country Club.

VACANCIESRecreation Commission (1)CV Water District (1)


Councilman Van Tassel made a motion, seconded by Councilman Flaherty andunanimously carried that the General Vouchers in the amount of $______________arehereby approved as set forth in Abstract 2A & 3.

Councilwoman Montgomery made a motion, seconded by Councilman Flaherty andunanimously carried that the Highway Vouchers in the amount of $____________arehereby approved as set forth in Abstract 2A & 3.

Councilman Leonard made a motion, seconded by Councilwoman Montgomery andunanimously carried that the CVPD Vouchers in the amount of $________ are herebyapproved as set forth in Abstract 3.

Councilman Leonard made a motion, seconded by Councilwoman Montgomery andunanimously carried that the CVWD Vouchers in the amount of $________ are herebyapproved as set forth in Abstract 2A & 3.

There being no further business to discuss, Councilwoman Montgomery made a motion, seconded by Councilman Leonard to close the Monthly Meeting at 8:48 p.m.

Monthly Town Board MeetingMarch 1, 2018



7

Local Law Filing

New York State Department of State Division of Corporations, State Records and Uniform Commercial Code

One Commerce Plaza, 99 Washington AvenueAlbany, NY 12231-0001

www.dos.ny.gov

I

(Use this form to file a local law with the Secretary of State.)

Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter.

□County DCity 0Town □Village(Select one:)

of Philipstown

Local Law No. __________ 1_____________ of the year 2018____

A local law to amend *he Town Code by enacting a new Chapter 140 entitled "Safe Storage of (Insert Title)Firearms."

Be it enacted by the Town Board_______________________________________________ of the(Name of Legislative Body)

□County ncity [x|Town □Village(Select one:)

of Philipstown as follows:

(if additional space is needed, attach pages the same size as this sheet, and number each.)

DOS-0239-f-l (Rev. 04/14) Page 2 of 4

http://www.dos.ny.gov

TOWN OF PHILIPSTOWN LOCAL LAW NO. 1 OF THE YEAR 2018

A local law to amend the Town Code by enacting a new Chapter 140 entitled "Safe Storage of Firearms".

Be it enacted by the Town Board of the Town of Philipstown as follows:

Section 1. Purpose.

The purpose of this Local Law is to promote the public health, safety and welfare by enacting a new Chapter 140 to the Town Code entitled "Safe Storage of Firearms" for the purpose of requiring safe storage of firearms in residences.

Section 2. Municipal Home Rule Law.

This Local Law is adopted pursuant to the provisions of the Municipal Home Rule Law of the State of New York and Article 16 of the Town Law of the State of New York. To the extent the provisions of this local law are in conflict with Town Law, the Town Board hereby asserts its intention to supersede Town Law pursuant to the Municipal Home Rule Law.

Section 3. Amendment of Code.

The Town of Philipstown Town Code is hereby amended to enact a new Chapter 140 entitled "Safe Storage of Firearms" to read as follows:

§ 140-1 Purpose.

The Town Board hereby finds that when a firearm is stored in a residence and the owner or custodian of the firearm is not present in the residence the firearms should be kept locked or stored securely in order to prevent theft and/or access by children who should not have access to firearms. The purpose of this Chapter is to require that the owners and custodians of firearms in the Town of Philipstown take appropriate steps to securely store their firearms when they are not in the residence and they know or have reason to know that that children are or may be present in the residence.

§ 140-2 Definitions.

(A) ’’Antique firearm". As used in this Chapter, ’’antique firearm" means any unloaded muzzle loading handgun, rifle or shotgun with a matchlock, flintlock, percussion cap, or similar type of ignition system, or an unloaded rifle or shotgun which uses fixed cartridges which are no longer available in the ordinary channels of commercial trade.

(B) "Custodian". As used in this Chapter "custodian" means a person, other than the owner of a particular firearm, who is in lawful possession of that firearm.

(C) "Firearm." As used in this Chapter, "firearm" means any "firearm", "rifle" "shotgun" or "machine gun" as those terms are defined in New York State Penal Law Section 265.00. As used in this Chapter, "firearm" shall not mean any:

(i) model or toy firearm that does not discharge projectiles with deadly force;(ii) unloaded antique firearm;(ii) starter or blank gun; or(iii) ordinary air gun.

(D) "Lawful custodian." As used in this Chapter, "lawful custodian" means any natural person who may legally possess and control the firearm at issue.

(E) "Locked container." As used in this Chapter, "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock or similar locking device.

(F) "Ordinary Air gun". As used in this Chapter "ordinary air gun" means a firearm which uses compressed air to shoot projectiles of at a medium or low velocity such as would not be lethal to large game.

(G) "Owner." As used in this Chapter "owner" means the lawful owner of a handgun or firearm.

(H) "Possession" shall mean have physical possession or otherwise to exercise dominion or control over.

(I) "Present in the residence." As used in this Chapter, "present in the residence" means physical presence within the residence, including any outdoor structures physically connected to the residence, such as porches or decks.

(J) "Residence." As used in this Chapter, "residence" means any structure intended or used for human habitation.

(K) "Starter gun" or "blank gun." As used in the Chapter, "starter gun" or "blank gun" means any gun on which the barrel has been constructed or modified so that no projectile can pass through it and/or which has been configured so it cannot accept any standard ammunition except blank cartridges.

§ 140-3 Prohibited Acts.

No owner or custodian of a firearm shall leave such firearm out of his or her possession or control in a residence when he or she knows or has reason to know that a person under eighteen (18) years of age is present in the residence unless either:

(1) Such owner or custodian is present in the residence; or

(2) Such owner or custodian physically delivers the firearm to a lawful custodian; or

(3) Such owner or custodian places the firearm in a locked container; or

(4) Such owner or custodian disables the firearm with a safety locking device appropriate to the firearm,

§ 140-4 Lost or Stolen Handguns.

In order to encourage reports to law enforcement agencies of lost or stolen handguns pursuant to New York State Penal Law Section 400.10, a person who files a report with a law enforcement agency notifying the agency that a handgun has been lost or stolen shall not be subject to prosecution for violation of this Chapter.

§ 140-5 Penalty.

Every violation of this Chapter shall constitute a misdemeanor and upon conviction shall be punished by a fine not to exceed $ 1,000.00 or by imprisonment in the county jail not to exceed one year, or by both.

Section 4. Severability.

If any part or provision of this local law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstances, and the Town Board of the Town of Philipstown hereby declares that it would have passed this local law or the remainder thereof had such invalid application or invalid provision been apparent.

Section 5. Effective Date.

This Local Law shall become effective upon filing with the Secretary of State of the State of New York subsequent to having been duly adopted by the Town Board.

(Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.)

1. (Final adoption by local legislative body only.)i hereby certify that the local law annexed hereto, designated as local law No.________2________________ of 2Cr° ofthe (County)(City)(Town)(Village) of Town of Philipstown_____________________ _____________ was duly passed by the

________________________________________________ on_______________20_____ , in accordance with the applicable(Name of Legislative Body) provisions of law.

(Passage by local legislative body with approvaLno disapproval or repassage after disapproval by the ElecttyExecutive Officer*.)

I hei yicertify that the local law annexed hereto, designated as local law No. of 20 / ofthe i >unty)(City)(Town)(Village) of ;______________________________________________ was duly p^s^ed by the

on

(Elective Chief Executive Officer*)

20_____, and was (approyed)(not approved)

_________ and was/aeemed duly adopted(Name of Legislat/vajtody)

(repassed after disapproval) by the,

, in accordance w ith the applicable provisions of law.

3. (Final adoption by referendum.)I hereby certify that the local law annexed hereto, designated as local law Ncx

the (County)(City)(Town)(Village) of

(Name of Legislative Body)

(repassed after disapproval) by the

of 20. of

was duly passed by the , and was (approved)(not approved)

)fficer*(Elective Chief Executive

Such local law was submitted to the people by reasop^f a (mandatory)(^smr|issive) referendum, and received the affirmative vote of a majority of the qualified electors voting Wrereon at the (general)(spefci^l)(annual) election held on

20_____, in accordance with the applicablejafovisions of law.

4. (Subject to permissive referendum and final adoption because no valid petition wbs filed requesting referendum.)I hereby certify that the local lay^annexed hereto, designated as local law No. ____________ X of 20_____ of

the (County)(City)(Town)(yillage) of __________________________________________________ >vas duly passed by the

20_____ , and was (approVed)(not approved)

on____________20 Xuch local(Name of Legislative^Sody)

(repassed afte/disapproval) by the(Elective Chief Executive Officer*)

law wa< subject to permissive referendum and no valid petition requesting such referendum was filed as of

2S? . in accordance with the applicable provisions of law:------------------------------—--------------------------------

* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.

DOS-0239-f-l (Rev. 04/14) Page 3 of 4

of 20.I hereby^certify that the local law annexed hereto, designated as local law No the City ______________ having been submitted to referendum pursuant to the provisions of se< )(37) ofthe Municipal Home Rtrte-L^w, and having received the affirmative vote of a majority of the qualifiesLetectors of such city voting thereon at the (special)(generalT&teGtjon held on_______________ 20______, becamej^perSfive.

6. (County local law concerning adoption of Chart I hereby certify that the local law annexed herstefd^signated as localthe County of_____________ ___ _—-'''State of New York, having been submitteNovember_________ , pursuant to subdivisions 5 and 7 of section 33 of the

of 20. ofe electors at the General Election of

Home Rule Law, and havingative vote of a majority of the qualified electors of the cities of said county as a uriiTancLa majority of thereceived the

electors of the towns of said county considered as a unit voting at said general election, became open

(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ,______ above.

Clerk of the county legislative body, City, Town or Village Clerk or officer designated by local legislative body

(Seal) Date:__________________________________

1-0239-f-l (Rev. 04/14) Page 4 of 4

RESOLUTION ADOPTING LOCAL LAW No. 1OF2018

WHEREAS, heretofore the Town Board has considered the adoption of Local Law No. 1 of the year 2018; and

WHEREAS, following due notice the Town Board held a Public Hearing on the proposed Local Law,


1. That the Town Board does hereby adopt Local Law No. 1 of the year 2018, which said Local Law shall be effective upon publication, posting and filing in the Office of the Secretary of State in Albany; and

2. That the Town Board determines that the adoption of this Local Law is a Type II Action under SEQRA.

________ presented the foregoing resolution which was seconded by


ROLL CALL VOTE

Supervisor Shea Councilwoman Montgomery Councilman Van Tassel Councilman Leonard Councilman Flaherty

The resolution was thereupon declared duly adopted.

TOWN OF PHILIPSTOWN JUSTICE COURT 238 MAIN STREET - POB 155

COLD SPRING, NEW YORK 10516 TEL. 845-265-2951 FAX 845-265-3948

March 21, 2018

Honorable Stephen G. TomannTown JusticeTown of Philipstown238 Main StreetCold Spring, New York 10516

Honorable Camille S. LinsonTown JusticeTown of Philipstown238 Main StreetCold Spring, New York 10516

Honorable Richard SheaSupervisorTown of Philipstown238 Main StreetCold Spring, New York 10516

This letter is to officially give notification of my resignation as the Town of Philipstown Court Clerk effective end of business Friday April 6th, 2018.

Sincerely,

Annette P. Flaherty

cc: Honorable Robert Flaherty Honorable Michael Leonard Honorable Nancy Montgomery Honorable John Van Tassel

Honorable Tina Merando

RESOLUITON #The following Resolution was presented by_____ , seconded by_____ and unanimouslycarried;

RESOLVED, that the Town Board hereby accepts the resignation of Annette P. Flaherty as Court Clerk for the Town of Philipstown effective April 6, 2018.

3RESOLUITON #The following Resolution was presented by_____ , seconded by_____ and unanimouslycarried;

RESOLVED, that the Town Board hereby authorizes Town Clerk Merando to advertise for a full-time position of Court Clerk for the Town of Philipstown.

MEETINGDATE

APPLICANTSNAME

ADDRESS,TM#

REFERRINGPARTY

ACTIVITY REGULATEDAREA

MEETINGOUTCOME

JANUARY 2017™ CANCELLED

FEBRUARY 2017

February 14,2017

Douglas Banker 15 Kings Dock Road, Garrison TM# 81.-1-28

WI Demolition of existing and new construction

Work being done within the 100 ft.wetlands buffer

Approved with conditionsWL# 16-281

February 14,2017

JeremyTimmons

90 Route 301Cold SpringTM# 38.-2- 13.11

WI Addition of a garage to the existing house

Work being done within the 100 ftintermittentstream

ApprovedWL#16-282

February 14,2017

William Herron 563 Route 9D GarrisonTM# 81.-2-1-25

WI Erosion control and revegetation

Work being done within the 100 ftwetlands buffer and steep slopes

Approved withconditionsWL#17-283

February 14,2017

H.J. Rossouw 15 Ox-YokeRoadGarrisonTM# 90.8-2-6

WI Installation of a well drain installation

Work being done within the100 ft wetland buffer

Approved with conditionsWL#17-284

MARCH 2017

March 28,2017 OLSPAN LLC 2700 Route 9Cold SpringTM# 38.-3-24.1

WI Construction ofculvert/wingwall


Moreinformationneeded

APRIL 2017

April 18,2017 OLSPAN LLC 2700 Route 9 Cold SpringTM# 38.-3-24.1

WI Construction ofculvert/wingwall

Work being done within the 100 ftwetland buffer

Approved with conditionsWL#17-285

April 18,2017 Manitoga Inc. 22 Old Manitou Road, Garrison TM#82.-l-33

WI Site repair construction of parking area and entry road



MAY 2017

May 9,2017 Lake Celeste Association

11 Lake Celeste Dr.(TM# 72.-2- 51,52 & 53)

WI Annual weed removal

Work being done within the100 ft wetland buffer and in the lake

Approved as submittedWL# 17-287

May 9,2017 Jose & Maria Lojano

17 Ox YokeRoad(TM# 90.8-2-7)

WI Proposed Septic System and well Relocation,

Work being done within the100 ft wetland


Garage,drainage pipe in existing intermittent water course

buffer and in the lake

WL#17-288

JUNE 2017

June 13,2017 Homeland Towers, LLC.

40 Yesterday Drive(TM# 38.-3- 24.21)

WI Construction of a fenced compound containing a monopole and related equipment


MoreinformationneededWL#17-289

June 13,2017 MassonCopeland Foods

3056 Route 9Cold springTM# 27.16-1-26

WI Repair of an existing septic system


Approved as submittedWL# 17-290

June 13,2017 Jose & Maria Lojano


WI Proposed Septic System and well Relocation, Garage,drainage pipe in existing intermittent water course


Permit given for septic work remediation -moreinformationrequested.WL#17-288

JULY 2017

July 11,2017 Homeland Towers, LLC.




MoreinformationneededWL# 17-289

July 11,2017 Jose & Maria Lojano


WI Proposed Septic System and well Relocation, Garage,drainage pipe in existing intermittent water course


Permit given for septic work remediation -moreinformationrequested.WL# 17-288

AUGUST 2017

August 8, 2017 Jose & Maria Lojano


WI Proposed Septic System and well Relocation, Garage, drainage pipe in existing intermittentwater course

Work being done within the 100 ft wetland buffer and in the lake

Moreinformationrequested.WL#17-288

August 8, 2017 HudsonHighlandsReserve

Route 9 &Horton Rd.

PB Application being processed as a

Referral from Planning Board seeking


(MultipleTM#’s)

“Conservation Subdivision”. Minimum of 154 acres of the194.5 proposed to remain undeveloped. Seeking preliminary approval for subdivision including 25 residential lots (1 acre) and an equestrian center

comments/concerns from the CB

August 8, 2017 Homeland Towers, LLC.


WI Construction of afencedcompoundcontaining amonopole andrelatedequipment

Work being done within the 100 ft wetland buffer


SEPTEMBER 2017

September 12, 2017

Jose & Maria Lojano


WI Original Application for proposed Septic System and well Relocation withdrawn. New


Moreinformationrequested.WL# 17-295

application submitted for repair of septic system in current location, Garage, drainage pipe in existing intermittent water course and curtain drain

September 12, 2017

HomelandTowers, LLC.





September 12, 2017

Capossela 275 IndianBrook Road (TM# 49.-4-7)

WI Existing manmade pond that comes off edge of Indian Brook. Applicant proposes removal of brush & chips and to fill area from town road to create a planting berm.

Work being done within the1 OO-foot wetland buffer


September 12, 2017

Open SpaceInstitute(Glynwood)

362 GlynwoodRd. (TM# 28.-1- 15)

WI Erosion control and re-vegetation

Adding rip-rap and fill in stream for erosion control


in wetland buffer

OCTOBER 2017

October 10,2017

Open SpaceInstitute(Glynwood)

362 GlynwoodRd. (TM# 28.-1- 15)

WI Erosion control and re-vegetation

Adding rip-rap and fill in stream for erosion control in wetland buffer


October 10,2017

Jose & Maria Lojano


WI Repair of septic system in current location, Garage, drainage pipe in existing intermittent water course and curtain drain


Approved with ConditionsWL# 17-295

October 10,2017






NOVEMBER 14, 2017

November 13, 2017(Joint PH for HomelandTowers,Vineyard Road)


50 VineyardRoad(TM# 38.-3- 24.21)




November 14, 2017

Jose & Maria Lojano


WI Repair of septic system in current location, Garage, drainage pipe in existing intermittent water course and curtain drain

Work being done within the 100 ft wetland buffer and in the lake

Approved with Conditions @ Octobermeeting. Update from NROWL# 17-295

November 14, 2017

HudsonHighlandsReserve

Route 9 &Horton Rd. (MultipleTM#’s)

PB Application being processed as a“Conservation Subdivision”. Minimum of 154 acres of the194.5 proposedto remainundeveloped.Seekingpreliminaryapproval forsubdivision

Referral from Planning Board seekingcomments/concems from the CB

Update provided by Glenn Watson. Moreinformationneeded

including 25 residential lots (1 acre) and an equestrian center

November 14, 2017

Homeland Towers, LLC.





November 14, 2017

Albert & Laura Galotti

589 Route 9D (TM# 81.-1-32)

WI Proposed construction of a Koi pond on the south side of residence near an intermittent watercourse with overflow to be piped into dry- wells under 2 garden beds

Work being done within the 100-foot wetland buffer


November 14, 2017

Rick Naim 36 Horton Road (TM#16.-l-37)

WI - complaint received concerning illegal filling.BI issued stop work order.

Excavation &Fill

No wetlands involved, but BI requested guidance from the CB

Advised BI to lift stop work order and issue a building permit

November 14, 2017

Douglas Banker 15 King Docks Road (TM#81.- 1-28)

WI/BI - site observation

Excavation had begun in filled area of wetland w/o notification to NRO.

Excavation and Fill in wetland

Requested update and plan from applicant for next meeting

DECEMBER 2017

December 11, Homeland 50 Vineyard WI Construction of a Work being More2017(Joint PH for HomelandTowers,Vineyard Road)

Towers, LLC. Road(TM# 38.-3- 24.21)

fenced compound containing a monopole and related equipment

done within the 100 ft wetland buffer

informationneededWL#17-289

December 12, 2017

Douglas Banker 15 King Docks Road (TM#81.- 1-28)

WI/BI - site observation

Excavation had begun in filled area of wetland w/o notification to NRO.

Excavation and Fill in wetland

Requested a more detailed and descriptive report

December 12, 2017

HudsonHighlandsReserve

Route 9 & Horton Rd. (MultipleTM#’s)

PB Application being processed as a“Conservation Subdivision”. Minimum of 154 acres of the194.5 proposed to remain undeveloped. Seeking preliminary approval for subdivision including 25

Referral from Planning Board seekingcomments/concems from the CB

Moreinformationrequested

residential lots (1 acre) and an equestrian center

December 12, 2017

Homeland Towers, LLC.





RESOLUTION #The following Resolution was presented by_______ , seconded by________ andunanimously carried;

RESOLVED, that the Town Board hereby approves the 2017 Annual Conservation Board’s Annual Report and authorizes Town Clerk Merando to forward said report to the Commissioner of the New York State Department of Conservation.

hJ

NELSONVILLE FISH & FUR CLUB

EST. 1695

ANNUAL TONY SAVASTANO MEMORIAL KIDS FISHING DERBY

KIDS FISHING DAY

Sunday, May 6th, 2018

Starts @ 8AM

Free Food A Drinks

Place: Cold Spring Reservoir / Fishkill Rd.

29th Year Thanks to Our Sponsors!

RESOLUTION #The following Resolution was presented by__________ , seconded by______ andunanimously carried;

RESOLVED, that the Town Board hereby authorizes a donation in the amount of $300.00 to the Nelsonville Fish & Fur for this years “Kids Fishing Day” scheduled for May 6, 2018.

NEW YORKSTATE OF OPPORTUNITY

Hudson River Valley Greenway

BARNABAS MCHENRYChairmanGreenway Council

KEVIN BURKE SCOTT KELLERActing Chair Greenway Acting ExecutiveConservancy Director

March 13, 2018Hon. Richard SheaSupervisorTown of Philipstown238 Main Street, PO Box 155Cold Spring, IMY 10516

Re: Grant: PL 16-03-03-P, Philipstown Depot Theatre's Looking Swell Grantee: Town of Philipstown New MOU Date: May 10, 2020

zDear SupervisoizShea:

I have received your written request for an extension of the MOU between the Hudson River Valley Greenway Communities Council and your organization regarding the project both referenced above.

Enclosed please find three (3) copies of an MOU extension. Please sign and notarize all three copies and return them to our office to be forwarded to the appropriate parties. In order for the Town to be reimbursed for this grant, please be sure to fill in your NYS Vendor ID Number on all three copies. Once fully executed, a copy will be returned to you.

If you have any questions or concerns please feel free to contact out office.

Sincerely,

5ccttt KellerActing Executive Director

625 Broadway 4[h Floor Albany, NY 122071518-473-38351 www.hudsonqreenway.ny.qov

http://www.hudsonqreenway.ny.qov

NEW YORKSTATE OF OPPORTUNITY

Hudson River Valley Greenway

Memorandum of Understanding Extension Face PageDATE: March 12, 2018

PROJECTPhilipstown Depot Theatre's Looking Swell, as set forth in detail in Schedule 1.

MOU ID: PL 16-03-03-PMOU TYPE:

X Greenway Community Grant Greenway Compact Grant

GRANTEETown of Philipstown 238 Main Street P.O. Box 155 Cold Spring, NY 10516 A Municipal Corporation

MOU PERIODFrom: March 23, 2016To: May 10, 2018 May 10, 2020

FUNDING AMOUNT$ 5,000.00, (five thousand dollars)

GREENWAYHudson River Valley Greenway Communities CouncilName: Scott KellerTitle: Acting Executive DirectorTelephone: (518) 473-3835Facsimile: (518) 473-4518E-Mail: [email protected]: 625 Broadway - 4th Floor

Albany, New York 12207-2995

GRANTEE'S GREENWAY STATUS AS OF: November 1997

X Greenway Planning Community Greenway Compact Community

GRANTEE NYS VENDOR ID#:GRANTEE FEDERAL TAX ID#: 14-6002369

SPECIAL AWARD CONDITIONSThe Committee restricts the use to purchase and installation of electrical fixtures, and further requires that the Town shall obtain any required SHPO approvals for all work done using Greenway funds.

CHIEF ELECTED/AUTHORIZED SIGNERName: Richard SheaTitle: SupervisorTelephone: 845-265-5200Facsimile: 845-265-3958E-Mail 1: [email protected] correct as necessary

LEAD PROJECT CONTACTName: Amy DulTitle: Executive Director

Philipstown Depot Theatre Address: Box 221

10 Garrison Landing Garrison, NY 10524

Telephone: 845-424-3900 E-Mail 1: [email protected] Grantee correct as necessary

Page 1

mailto:hrvg%40hudsongreenway.ny.gov

mailto:townclerk%40philipstown.com

mailto:atdul%40optonline.net


RESOLVED, that the Town Board hereby authorizes Supervisor Shea to sign the extension of the Memorandum of Understanding between the Town and the Hudson River Valley Greenway Communities Council for a grant named Philipstown Depot Theatres Looking Swell, Nunc Pro Tunc.

Office of the New York State Comptroller New York State and Local Retirement System

Employees’ Retirement System Police and Fire Retirement System

110 State Street, Albany, New York 12244-0001

BE IT RESOLVED, that the____________ Town of philipstown_____________ / 30098 hereby establishes the following standard work days for these titles and(Name of Employer) (Location Code)

Standard Work Day and Reporting Resolutionfor Elected and Appointed Officials

RS 2417-A(Rev. 8/15)

will report the officials to the New York State and Local Retirement System based on their record of activities:

Title Standard Work Day

(Hrs/day) Min. 6 hrs Max. 8 hrs

Name

(First and Last)

SocialSecurityNumber

(Last 4 digits)

RegistrationNumber

Tier 1 (Check

onlyif member is in Tier 1)

Current Term Begin & End

Dates

(mm/dd/yy-mm/dd/yy)

Record of Activities

Result*

Not Submitted(Check only if official did not submit

their Record of Activities)

Elected OfficialsSupervisor 6.0 Richard Shea 2218 4055882-7 □ 1/1/2017-12/31/2019 11.89 □Town Clerk 7.0 Tina M. Merando 4954 3731727-8 □ 1/1/2016-12/31/2019 22.47 □

Town Justice 6.0 Stephen Tomann 0973 3848569-4 □ 1/1/2016-12/31/2019 5.59 □

Appointed Officials□ □□ □□ _□_

SEE INSTRUCTIONS FOR COMPLETING FORM ON REVERSE SIDE

I,__________ Tina m. Merando___________, secretary/clerk of the governing board of the_______________ Town of Philipstown_____________________ , of the State of New York,(Name of secretary or clerk) (Circle one) (Name of Employer)

do hereby certify that I have compared the foregoing with the original resolution passed by such board at a legally convened meeting held on the 5th day of

__________April__________ f 20 18 on file as part of the minutes of such meeting, and that same is a true copy thereof and the whole of such original.

IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the______________________ Town of philipstown_________________________________ on this 5th day, __ (Name of Employer)of April , 20 18 ,_______________________________________________________ . p

(Signature of the secretary or clerk)

Affidavit of Posting: I,________________ Tina m. Merando________________ t being duly sworn, deposes and says that the posting of the(Name of secretary or clerk)

Resolution began on_____ April 5,2018_________ and continued for at least 30 days. That the Resolution was available to the public on the(Date)

0 Employer’s website at www.phiiipstown.com_______________________________________

[71 Official sign board at 238 Main street, Cold Spring, New York 10516___________________________________

0 Main entrance secretary or clerk’s office at 238 Main street, cold spring, New York 10516_________

Page 1 of 1 (for additional rows, attach a RS2417-B form)

http://www.phiiipstown.com

RESOLUTION #The following Resolution was presented by__________ , seconded by ;

RESOLVED, that the Town of Philipstown hereby establishes the following as standard work days for the below listed elected officials and will report the following days worked to the New York State and Local Employees’ Retirement System based upon time and attendance records or on the record of activities maintained and submitted by theses officials to the Clerk of this body as attached hereto:

NAME REG.# ROA RESULTRichard Shea 4055882-7 11.89Tina M. Merando 3731727-8 22.47Stephen Tomann 3848569-4 5.59

ROLL CALL VOTE

Supervisor Shea Councilwoman Montgomery Councilman Van Tassel Councilman Leonard Councilman Flaherty

The resolution was thereupon declared duly adopted.

DRAFT

Dear members, in particular: Roger MacKay Weston Davey William Krattinger

Richard SheaSupervisor, Town of Philipstown238 Main StreetCold Spring, NY 10516

Re: Saving and Restoring Putnam County's Hill-Agor Farm site

As the Supervisor of the Town of Philipstown, I am writing on behalf of our town board and residents of our town to encourage your continued assistance in convincing the Putnam County Government to restore the Hill-Agor Farm site under the direction of an historic preservationist and architect.

The Putnam County Government leaders who govern the county owned site need to apply to have this historical treasure placed on the NYS and National Historical Register so that the site can then apply for grant restoration funding.

As you are aware the Friends of the Hill-Agor Farm Preservation Association have been appealing to the Putnam County Government for a number of years to apply for such historical status. The Hill-Agor farm is rich in history dating back to the Wappinger Native American sale in 1741 and was such a contested piece of property that at one time Real Estate Magnate John Jacob Astor contested its ownership to the United States Supreme Court.

It is also believed that once restored this farm site which contains an 1854 Greek Revival style farmhouse, bam, outbuildings and the historic Hill family cemetery could be the "Hub of the Historic Wheel" for Putnam County as it is believed to be the oldest remaining farmhouse site in the county.

Once restored, earned revenue ideas which include the Friends of Hill-Agor Farm Association's "Wedding Plan" concept and public tours, etc. could be shared with other historic treasures around the county which severely lack funding in order to preserve and restore our county's cherished history for future generations.

Thank you for your continued oversight and support in this "Time is of the essence" matter to ensure this historic and cultured gem is not lost forever.

cc:Mary Ellen ODell Putnam County Executive

Barbara Scuccimarra Philipstown County Legislator


RESOLVED, that the Town Board hereby authorizes to draft a letter supporting the preservation of Hill-Agor Farm, property located next to the Putnam County Golf Course.

Town Clerk Merando hereby rescinds the appointment of Allison Shea as Deputy Town Clerk and Deputy Tax Collector effective immediately.

Town of PhilipstownPlanning Board

238 Main Street. PO Box 155 Cold Spring, NY 10516

Office(845) 265- 5202 Fax(845)265-2687

MEMORANDUM

March21,2018

ATTN: RICHARD SHEATown Board of Town of Philipstown238 Main StreetP. 0. Box 155Cold Spring, New York 10516

3Re: Release of funds for Olspan, 2700 Route 9, Cold Spring (TM# 38.^24.2)

Dear Supervisor Shea:

At the March 15, 2018 Town Planning Board meeting a motion was made by Neal Tomann to okay the return of the escrow to Olspan and Peter Lewis seconded the motion. The motion carried unanimously.

I am requesting that any remaining escrow funds for processing and consultants' fees being held by the Town should be released back to the applicant at this time.

Very truly your/^\ * /

Tara K. Percacciolo Zoning/Planning Secretary

RESOLVED, that the Town Board hereby authorizes the release of Escrow Funds to Olspan, 2700 Route 9, Cold Spring, New York as recommended by the Philipstown Planning Board.

RESOLUTION #The following Resolution was presented by___________, seconded by______ andunanimously carried;

The Town of Philipstown Mail - 4/5 AGENDA ITEM CPUC APPO... https://mail.google.com/mail/u/0/?ui=2&ik=07b5df8c31&jsver=Z-gr...

Town Clerk <[email protected]>

4/5 AGENDA ITEM CPUC APPOINTMENTS1 message

Nancy Montgomery <[email protected]> Wed, Mar 28, 2018 at 10:53 AMTo: Richard Shea <[email protected]>, Richard Shea <[email protected]>Cc: Town Clerk <[email protected]>

Hi Richard -For 4/5 agenda, please add a resolution appointing the following to the Comprehensive Plan Update Committee:Sean ConwayRobert RhodesLithgow OsborneTeri WaivadaJoe RegeleJoyce BlumCatherine KopfTara CarrollBetsy CalhounMarianne SullivanRichard Butenski

Thanks!

Nancy

Sent from my iPhone

I of 1 3/28/2018, 10:54 AM

https://mail.google.com/mail/u/0/%3Fui%3D2%26ik%3D07b5df8c31%26jsver%3DZ-gr


mailto:nmontgomery%40philipstown.com

mailto:supervisor%40philipstown.com

mailto:shea%40philipstown.com


RESOLVED, that the Town Board hereby appoints the following the Comprehensive Plan Update Committee:

Sean ConwayRobert RhodesLithgow OsborneTeri WaivadaJoe RegeleJoyce BlumCatherine KopfTara CarrollBetsy CalhounMarianne SullivanRichard Butenski



RESOLVED, that the Town Board hereby authorizes a donation in the amount of $500.00 to the Village of Cold Spring for the 2018 Fourth of July Celebration.

f?

• v 4 j ■.

'^f|w'

Town of PhilipstownCode Enforcement Office

238 Main Street, PO Box 155 Cold Spring, NY 10516

Office(845)265- 5202 Fax(845) 265-2687

MONTHLY REPORT for ffl qr~c4^ 20 1S’

1. Fees Collected 1 b 35L5 o

2. Total Number of Permits Issued

3. New One- or Two-family dwellings:

4. New Commercial/lndustrial buildings: X

5. New Hazardous (H) occupancies:

6. New Multi family occupances:

7. Additions, alterations or repairs residential buildings 3

8. Additions, alterations or repairs commercial buildings: >

9. All other permits (pools, sheds, decks, plumbing, HVAC, etc.) /?

10. Number of Certificates of Occupancy:

11. Number of Stop Work Orders issued: 2-12. Operating permits issued X

13. Operating permits issued hazardous materials

14. Operating permits Hazardous processes and activities X

15. Permits issued for the Use of pyrotechnic cfevices: __\

16. Inspection of public assembly: 317. Inspection of commercial occupancies

18. Inspection of buildings with 3 or more dwelling units:

Projects of Significance: fit.iT*

\JULRG€oF COLDSPfcWrCode Enforcement Office

238 Main Street, PO Box 155 Cold Spring, NY 10516

Office (845) 265- 5202 Fax (845) 265-2687

MONTHLY REPORT for

1. Fees Collected oo

2. Total Number of Permits Issued c£.

3. New One- or Two-family dwellings: .

4. New Commercial/lndbstrial buildings:

5. New Hazardous (H) occupancies: „ ~~

6. New Multi family occupancies: —

7. Additions, alterations or repairs residential buildings

8. Additions, alterations or repairs commercial buildings: ___

9. Alt other permits (pools, sheds, decks, plumbing, HVAC, etc.) __7?.

10. Number of Certificates of Occupancy; io11. Number of Stop Work Orders issued: ___21

12. Operating permits issued ______

13. Operating permits issued hazardous materials

14. Operating permits Hazardous processes and activities *—1

15. Permits issued for the Use of pyrotechnic cbvices: . \

16. Inspection of public assembly: ______

17. Inspection of commercial occupancies "

18. Inspection of buildings with 3 or more dwelling units: '

Projects of Significance:5 ?ec-ia\ rvK.'f/it oft>iatb Pfofi.Tja

Zona.

Monthly Town Board Meeting April 5,2018 7:30 p.m. Town ...philipstown.com/tba4518.pdfResolution...

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Transcript of Monthly Town Board Meeting April 5,2018 7:30 p.m. Town ...philipstown.com/tba4518.pdfResolution...