TOWN CLERKS MINUTES REGULAR MEETING TOWN BOARD JANUARY 20, 2005

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1 TOWN CLERKS MINUTES REGULAR MEETING TOWN BOARD JANUARY 20, 2005 Present: Supervisor John J. Dunford Councilman Paul P. Johnson Councilman Richard B. Honeck Councilwoman Lorraine Mitts Councilman Pat Bonanno Also: And: Town Clerk Ruth A. Mazzei Town Counsel Willis H. Stephens Jr. Approximately 23 persons REGULAR MEETING Councilwoman Mitts made a motion to open the regular meeting and Councilman Honeck seconded. All in favor. Pledge of Allegiance The Supervisor made a notation of the exits and gave a brief explanation of the Town Board s decision-making process. PUBLIC HEARINGS PUBLIC HEARING = SPECIAL PERMIT FOR PALAZETTI WAREHOUSE Councilman Honeck made a motion to open the public hearing and Councilwoman Mitts seconded. All in favor. Town Clerk Mazzei read the legal notice. Harry Nichols spoke of the project which is in Hardscrabble Heights. It is above Fields Lane in a cul-de-sac. It will contain an 8000 sq. ft. building with 20% office and 80% storage/warehouse. They already have approval from DEC, DEP and Putnam County Health. They are in need of outside storage in the back of the building. Councilwoman Mitts asked about tenants, of which there will be none. Supervisor Dunford asked about screening around the storage. Mayor Cesar inquired on what type of storage was needed and was told by the applicant that tractors, (truck will be inside), equipment and also materials. Supervisor Dunford made a motion to close and Councilman Johnson seconded. PUBLIC HEARING GARDEN HOMES MANAGEMENT Councilman Honeck made a motion to open the public hearing and Councilwoman Mitts seconded. All in favor. Town Clerk Mazzei read the legal notice. There was no representation present. Councilman Johnson had concerns about adding to the density on Route 22. The Supervisor was asked in any financials were turned in and he said that some were received. Supervisor Dunford made a motion to close and Councilman Johnson seconded. PUBLIC HEARING CROSSROADS SCHOOL RELEASE OF PERFORMANCE BOND Councilwoman Bonanno made a motion to open the meeting and Councilman Bonanno seconded. All in favor. Town Clerk Mazzei read the legal notice. No representation was

2 present. No questions from the Town Board. The Town Engineer sent a letter saying it was fine to release. Supervisor Dunford made a motion to close and Councilman Honeck seconded. PUBLIC HEARING - SPECIAL PERMIT FOR TERRAVEST 9 Councilman Johnson made a motion to open the public hearing and Councilman Bonanno seconded. All in favor. Town Clerk Mazzei read the legal notice. Eleven certified mailings were received by the Town Clerk. When asked about the wastewater treatment plan, Harold Lepler said that a plant will be built and they will be hooked up simultaneously to an operational facility. They also have the approval of the ARB and site plan approvals. Counsel O Rourke said that when the special permit was noticed in the paper, light manufacturing was inadvertently dropped. It did not denote all that it should. The president of Westchester Tractor described the nature of the business, such as agricultural or municipal tractors, with some mowers attached. Some attachments to the tractors may come in crates which may require some assembly. There are no consumer rentals. They sell to rental firms, lease to the State or rent to large contractors. Servicing of the machinery is not done at the facility but instead at the site of the purchaser. Mrs. Ekhardt stated that she does not feel this fits the bill for an office park. MINUTES Councilwoman Mitts made a motion to approve the minutes of December 16, 2004 Regular Meeting and January 6, 2005 Organizational Meeting. Councilman Johnson seconded and all in favor. Supervisor Dunford amended paragraph 3 and Councilwoman Mitts seconded. All in favor. CORRESPONDENCE Councilman Johnson made a motion to waive the reading of the correspondence and Councilman Honeck seconded. All in favor. Correspondence Received 1. Acord Certificate of Liability Insurance Re: Red Wing Properties, Inc., Package Pavement Co. Inc., Stormville Trucking Co. Inc. 2. Nancy Bisser Re: Foil Request for Zoning Map 3. Sterling Re: Town of Southeast Landfill 1 st Quarter 2004 Monitoring Results Sterling File #E Susan Coyle Re: Conservation Commission Meeting on Terravest III 5. John Gillen Re: Foil Request for Zoning Ordinance 6. State of New York DEC Re: Clean Water State Revolving Fund for Water Pollution Control Projects 7. Malit, Inc., D/B/A Industrial Maintenance Systems (I.M.S.) Re: Agreement with the Town of Southeast for Cleaning and Maintenance of Town Hall, 67 Main Street and Lakeview Manor for Three Times per Week 8. New York City Watershed WWTP Upgrade Program Re: Brewster Heights Sewer District #1 9. Jacobowitz and Gubits,LLP Re: Town of Southeast Job No File No MaryAnne Gallipani Re: Vacation Days 11. Chazen Re: Foil Request for Building Department Files for the Winsted Partners Ltd Property 12. Stephen Baker Re: Foil Request for Zoning Application Documents related to T- Mobile/Omnipoint s Tower Facility 87 Hillside Park, Brewster, New York 13. Peggy Booth Re: Foil Request for Resolutions 12, 13, 14, 15 and Kevin O Donnell Re: Foil Request for Fisher Subdivision Sketch Plan 15. State of New York Department of State Committee on Open Government Re: Response to Inquiry on FOIL 2

3 16. Duke Energy Gas Transmission Re: AGT Liaison Meeting 17. Office of the New York State Comptroller Re: Employee Partnership Survey 18. New York State Environmental Facilities Corporation Re: NYC Watershed WWTP Upgrade Program Brewster Heights Sewer District #1 Engineer Contract Amendment 19. Mr.& Mrs. Lambe Re: Waterview Estates 20. Graham Trelstad, AKRF Re: Heightened Requirements for EOH MS4 21. Scott T. Dougherty Re: Foil Request for Zoning Map and Amendments 22. Richard Hiss, Brewster-Southeast Joint Fire District Re: Election Results for Two Fire Commissioners 23. Marc A. Yaggi, Riverkeeper Re: Environmental Science Academy 24. Janet Rainone Re: Cars on Sycamore Road 25. Arne Nordstorm Re: Putnam County Agricultural District 26. George Yourke Re: Fischer Subdivision 27. Ms. Anne Bittner Re: Hillcrest Water Treatment Facility, Mountain Brook Water Treatment Facility, Blackberry Water Treatment Facility, Springhouse, Starr Ridge Water Treatment, Fox Hill Water Treatment Facility, Hillcrest Water Treatment Facility, 28. Jacobson Re: Pannella, LLC 261 Fields Lane Sketch Site Plan Review NLJ # , ALCON, LLC Fields Lane Preliminary Plan Review NLJ # Kean & Beane, P.C. Re: Town Board of the Town of Southeast Consent to the Formation Of Transportation Corporations 30. AKRF Re: Stormwater Management Program Malcolm Pirnie Re: Brewster Heights WWTP Upgrade Construction Microfiltration System Equipment Storage 31. Metro-North Railroad Re: Town of Southeast Landfill Closure Sterling File #E Malcolm Pirnie Re: Brewster Heights WWTP Upgrade Construction Microfiltration System Equipment Storage 33. Croton Falls Fire District Re: Certificate of Inspectors of Election, Croton Falls Fire District in the Town of North Salem, Westchester County, New York 34. ACORD Certificate of Liability Insurance Re: RCN Corporation 35. Putnam County Executive Re: Statewide Wireless Network 36. Putnam County Department of Health Re: New Home for the Water Supply Section as of December 16, Sterling Re: Town of Southeast Landfill 3 rd Quarter 2004 Monitoring Results Sterling File #E Richard O Rourke Re: Foil Request for Resolutions for Water & Sewer Works for Meadows at Deans Corners 39. Michael Liguori Re: Foil Request for Town Board Minutes from June Mr. Nigro Re: Formal Variance Resolution for 6 Primrose Lane and the Minutes from Meetings on or about 9/15 and 10/15/ Robert Ferris Re: Question about Assessment on Federal Hill Road 42. Sy Globerman Re: Water Problem on Peach Lake 43. Jacobson Re: Galt Automotive Warehouse, 3874 Danbury Road Project Review NLJ # , Prospect Hill Office Park 162 Prospect Hill Road Request for Bond Release NLJ # , Fisher Subdivision, Nelson Blvd. Revised Sketch Plan Review NLJ # Lucia Chiocchio Re: New Cingular Wireless Services, Inc., formerly known as AT&T Wireless Services, Inc. Balloon Float Notice Use Variance Application Premises: Vails Grove Golf Course, 230 Peach Lake Road (Route 121), Southeast, NY Tax ID Block1, Lot NYS Environmental Facilities Corporation Re: Peach Lake Sewer Project 46. ACORD Certificate of Liability Insurance Re: Putnam County Chapter NYSARC 47. Jacobson Re: DiPietro Subdivision, Guinea Road 48. Ann Fanizzi Re: Community Environmental Laboratory 49. G. Jeffrey Haber, Executive Director Association of Towns Re: Justice Court Fines Distribution 50. Malcolm Pirnie Re: Brewster Heights WWTP Upgrade Construction Field Order #12 West Side Louver Blank-Off 51. Malcolm Pirnie Re: Brewster Heights WWTP Upgrade Construction Clarification on December 27, 2004 Letter Regarding Microfiltration System Equipment Payment Request 52. ACORD Certificate of Liability Insurance Re: Jett Industries Inc., Milnes Company Inc. 3

4 53. Insite Re: Full Environmental Assessment Form Alcon, LLC Site Plan 54. George Yourke Re: Terravest International Corporate Park Conservation Commission Public Hearing 55. Jett Industries, Inc. Re: Brewster Heights WWTP Payment Request for Microfiltration Sys. 56. Malcolm Pirnie Re: Brewster Heights WWTP Upgrade Construction Microfiltration System Equipment Payment Request 57. Garden Homes Management Corporation Re: Request for Waiver From Route 22 Moratorium Tax Map ID Players Club at Brewster Ice Arena Re: NY State Liquor License at 63 Fields Lane 59. State of New York Office of Real Property Services Re: 2004 Annual Aid Certification for the Town of Southeast SWIS Code: Aid: $35, Parcels: 7, State of New York Office of the State Comptroller Re: Average Estimated Costs for County and Town Special Improvement Districts 61. Richard O Rourke Re: Foil Request for Certified Copies of Two Town Board Resolutions 62. National Grange Mutual Insurance Company Re: Aqueduct Plumbing & Heating 63. Alan Helfman Re: Foil Request for Copy of Local Law #16` 64. Acord Certificate of Liability Insurance Re: Tremson Recycling 65. William Bright Re: Foil Request for The Operation and Maintenance Budget/2004 for Brewster Heights & Blackberry Sewer That Has Been Approved by NYCDEP 66. Erica Mongelli Re: Foil Request for Any New Ordinance Passed Within the Last 30 Days Regarding Construction in Town 67. New York State Insurance Fund Re: Roberts Professional Landscaping 68. Acord Certificate of Liability Insurance Re:Allied Waste Industries Inc. 69. Joseph Ferrara Re: Foil Request for any Affidavit of Service or Mailing for Notice of Lead Agency Designation of Environmental Assessment Form 70. Lynne A. Eckardt Re: Terravest III Wetland s Permit 71. Putnam Humane Society Re: Date of Dog Control Meeting is 1/6/ Zarin & Steinmetz Re: Putnam Seabury Partners, L.P. Campus at Field Corners Project Property Location: Route 312 and Pugsley Road Section 45, Block 1, Lots 4,5,8,12 and New York State Department of Environmental Conservation Re: Comprehensive Inspection Blackberry Hill Sanitary Sewer District STP Town of Southeast, SPDES No. NY George Yourke Re: Foil Request for Copy of Alternate No1 Terravest, Copies of any Letters Received by the Planning Board Since 11/2/04 and Including the Town Engineer Fenton s Letter Just Prior to that Date and Review of Any New Plans Submitted Since 10/25/04 for Waterview Estates and Copies of any Letters Received by the Planning Board Since 11/1/04 Review of any Plans Submitted Since 11/04 for Meadows at Dean s Corner 75. Putnam County Department of Finance Re: Resolution # Putnam County Office for the Aging Re: Employment Contract Town of Southeast Agreement 77. Malcolm Pirnie Re: Upgrade Contract: Brewster Heights Sewer District #1 Certificate and Disbursement Request Dated as of January 7, Ira D. Conklin & Sons, Inc. Re: UST Closure Report 79. Peggy Booth Re: Foil Request for Attachments to Minutes from 11/30/ Georgio s Re: Liquor License at Clock Tower Commons, Rt. 22, Brewster New York 81. Jacobson Re: Stormwater Pollution Prevention Plan Maple Road, Town of Southeast NLJ # Mary O. Donohue Re: New York State Department of State Quality Communities Program Request for Application 83. Department of Health Re:#1) Accessory Apartment-Nesson, 261 & 263 Tonetta Lake Road Three Year Approval (T) Southeast, TM# #2) Addition DelVecchio, Starr Ridge Road, No Increases in Number of Bedrooms (T) Southeast, TM# #3) Accessory Apartment-Salvestrini, South Road Three Year Approval (T) Southeast, TM# #4) Addition-Rojas, 221 N. Brewster Rd. No Increases in Number of Bedrooms (T) Southeast, TM# NYMAC Re: Securities and Exchange Commission Rule 15c2-12 Continuing Disclosure Requirement 4

5 85. NYS DEC Re: Late Submission f Discharge Monitoring Reports SPDES Permit No. NY , Brewster Heights SD Stp 86. Acord Re: Town of Southeast 87. The Hartford Re: Heritage Plumbing and Heating Inc. NYCDEP File #564 S Bond No. BCS CB Martha G. Shortlidge Re: Wetlands Permit Terravest 3: Senior Housing and Ball Fields 89. Putnam County EDC Re: Enterprise Fund Correspondence Sent 1. New York State Environmental Facilities Corporation Re: Certificate of Determination-Town of Southeast SRF Project No.: C Supplemental Certificate of Determination 2. Janet M. McSwain, P.E. Re: Submittal of O & M Budget, Brewster Heights WWTP Upgrade 3. Mr. Mark Erev Re: Tax Map # Ms. Anita Z. Gilbert Re: EOH Claim Forms/Town of Southeast 5. Mr. Gerald Brown, Esq. Re: 3874 Danbury Road, Tax Map # Town Board from Michael Levine Re: Results-Request for Proposals, Lawn Maintenance, 2005, Results-Request for Proposal, Chemical Purchases Supervisor Dunford Re: Memo from Ron Harper Subject: Rt. 312 Dykeman s 8. Mr. Thomas Duffy Re: Accessing Peach Lake 9. Town Supervisor Dunford Re: Springhouse Water District 10. Robert H. Sammons, P.E. Re: Report #57 for the Brewster Heights Wastewater Treatment Plant Upgrade and Report #52 for the Blackberry Hill Sewer District Treatment 11. Memo to ARB and Planning Board Re: Procedures VOUCHERS Councilman Honeck made a motion to approve the vouchers in the amount of $441, Councilwoman Mitts seconded. All in favor. MOTION SETTING MEETING DATES Councilman Bonanno made a motion to set meeting dates and Councilman Honeck seconded. All in favor. February 3, :30PM Civic Center Work Session & Spec. Mtg. February 10, :30PM Civic Center Work Session February 17, :30PM Civic Center Regular Meeting PUBLIC HEARINGS Councilwoman Mitts made a motion to call for the following hearings. Councilman Honeck seconded. All in favor. February 17, :30PM Civic Center Release of Performance Bond Prospect Hill Office Park RESOLUTION # 02 /2005 EXTENSION OF REAL PROPERTY TAX COLLECTION MILITARY Introduced By: Councilman Honeck Seconded By: Councilman Johnson 5

6 WHEREAS, the NYS Real Property Tax Law Section 925-d authorizes municipal corporations, to defer real property tax collection or the imposition of penalties or interest for a late payment owed by persons who have been deployed by the military or by the spouse or domestic partner of a person deployed by the military, provided they meet certain eligibility requirements as part of a comprehensive Patriot Plan designed to offer benefits to New York s servicemen and women; and WHEREAS, NYS Real Property Tax Law Section 925-d authorizes municipal corporations to offer this extension if approved by resolution by the municipal corporation; and WHEREAS, in order to fully offer the benefit of the Patriot Plan to persons deployed by the military, all Putnam County towns, cities, villages and school districts should be encouraged to authorize this extensions as well; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southest hereby enacts the provisions of the Real Property Tax Law, Section 925-d and authorizes the 90 day extension, from the end of the deployment, of real property tax collection for persons deployed by the military as defined therein; and be it further RESOLVED, that this resolution shall take effect as to Town and Special District taxes levied on parcels within the boundaries of a municipal corporation upon the enactment of its own authorizing resolution as a contemplated by Real Property Tax Law, Section 925-d; and be it further resolved UPON ROLL CALL VOTE: Supervisor Dunford Aye Councilman Bonanno Aye Councilman Johnson Aye Councilman Honeck Aye Councilman Mitts Aye VOTE: carried by a vote of 5 in favor, 0 against, 0 abstained MOTION-AUTHORIZING SUPERVISOR TO AWARD CHEMICAL BID Councilwoman Mitts made a motion authorizing the Supervisor to award chemical bid proposals to the lowest bidder. Councilman Johnson seconded. All in favor. MOTION-AUTHORIZING SUPERVISOR TO AWARD LAWN MAINTENANCE CONTRACT Councilman Johnson made a motion authorizing the Supervisor to award Lawn Maintenance Contract for 2005 to Roberts Professional Landscaping Service, Inc. Councilman Honeck seconded. All in favor. RESOLUTION # 03 /2005 RELEASE OF PERFORMANCE BOND MIDLEBRANCH MANOR SUBDIVISION Introduced By: Councilman Johnson Seconded By: Supervisor Dunford WHEREAS, the Town Board of the Town of southeast has a recommendation from the Town Engineer with respect to the Release of Performance Bond for Middlebranch Manor Subdivision, Ailish Lane, Southeast, NY WHEREAS, upon review of such recommendation, the Southeast Town Board agrees to accept this recommendation; NOW, THEREFORE, BE IT 6

7 RESOLVED, that the bond amount for the following project is set forth below: PROJECT NAME PRESENT AMOUNT RECOMMENDED TO Middlebranch Manor $383, $00.00 UPON ROLL CALL VOTE: Supervisor Dunford Aye Councilman Bonanno Aye Councilman Johnson Aye Councilman Honeck Aye Councilwoman Mitts Aye VOTE: carried by a vote of 5 in favor, 0 against, 0 abstained RESOLUTION # 04 /2005 ACCEPTANCE OF OFFER OF DEDICATION AILISH LANE Introduced By: Councilman Johnson Seconded By: Councilman Honeck WHEREAS, Mancini-Ciolo, Inc., the owners and developers (hereinafter the Developer ) of the Middlebranch Manor Subdivision, has requested the Town of Southeast to accept the dedication of certain lands upon which a certain roadway has been constructed in connection with a residential subdivision consisting of the road designated as Ailish Lane (the Road ) as shown on a certain Filed Map entitled Final Subdivision Plat of Middlebranch Manor prepared by Terry Bergendorff-Collins, last revised July 24, 2000, and filed in the Putnam County Clerk s Office as Map No. 2849; and WHEREAS, the Town Consulting Engineer and the Town Highway Superintendent have inspected said Road and have found them to be constructed generally according to plan and in accord with the town highway specifications; and WHEREAS, it is deemed to be in the best interest of the residents of the Town of Southeast to accept the dedication of the aforementioned roadways. NOW, THEREFORE, the Supervisor of the Town of Southeast is hereby authorized to accept the deed or deeds dedicating and releasing the necessary lands for the road known as Ailish Lane, recorded in the Putnam County Clerk s office, in connection with the residential development known as the Middlebranch Manor Subdivision, upon the Developer having fulfilled the following terms and conditions: 1. The Road shall be completed in accordance with all other Town Highway road construction specifications and in a manner satisfactory to the Town s consulting engineers and the Town Highway Superintendent; 2. The Developer shall provide a deed or deeds of dedication for all portions of such Road being dedicated to the Town, necessary to convey fee simple title to the lands underneath the road to the Town of Southeast, free and clear of all liens or encumbrances, except for utility easements; 3. The Developer shall provide the Town with all necessary and proper easements, if any, across adjoining lands for the purpose of drainage or discharge of storm water over such lands; 4. The Developer shall provide a title insurance policy issued by a company which is a member of the New York Board of Title Underwriters in good standing insuring the Town s fee simple title in and to such Road in the amount of Ten Thousand ($10,000.00) dollars; and 7

8 5. The Developer shall first post a bond or other security in favor of the Town in the amount equal to ten percent (10%) of the construction cost of the improvements, as determined by the Town s Consulting Engineer and. Highway Superintendent. Said Bond shall be for a period of one (1) year from the date such bond is filed with the Town Clerk in accordance with the Town s subdivision regulations; and it is further RESOLVED that, upon compliance with the foregoing conditions, and in accordance with the provisions of Section 171 of the Highway Law of the State of New York, consent is hereby given that the Highway Superintendent of the Town of Southeast make an order laying out the aforesaid town highway, the town highway to consist of the lands described in the deed of dedication, and it is further RESOLVED that upon compliance with the aforesaid conditions and upon posting the appropriate maintenance bond, the Town Clerk is authorized to record the deed or deeds of dedication in the Putnam county Clerk s office. UPON A ROLL CALL VOTE: Supervisor Dunford Aye Councilman Bonanno Aye Councilwoman Mitts Aye Councilman Johnson Aye Councilman Honeck Aye Vote: carried by a vote of 5 in favor, 0 against, 0 abstained RESOLUTION # 05 /2005 RELEASE OF PERFORMANCE BOND ROMA POOLS Introduced by: Supervisor Dunford Seconded By: Councilman Johnson WHEREAS, the Town Board of the Town of southeast has a recommendation from the Town Engineer with respect to the Release of Performance Bond for Roma Pools, Hardscrabble Heights Road, Southeast, NY WHEREAS, upon review of such recommendation, the Southeast Town Board agrees to accept this recommendation; NOW, THEREFORE, BE IT RESOLVED, that the bond amount for the following project is set forth below: PROJECT NAME PRESENT AMOUNT RECOMMENDED TO Roma Pools $161, $00.00 UPON ROLL CALL VOTE: Supervisor Dunford Aye Councilman Bonanno Aye Councilman Johnson Aye Councilman Honeck Aye Councilwoman Mitts Aye Vote: carried by a vote of 5 in favor 0 against 0 abstained 8

9 RESOLUTION # 06 /2005 CAMPUS AT FIELDS CORNERS AUTHORIZING STREET NAMES Introduced by: Councilman Honeck Seconded By: Councilman Johnson WHEREAS, the Town Board of the Town of Southeast is in receipt of a proposed plat for a residential development known generally as the Campus at Fields Corners which shows street improvements thereon; and WHEREAS, the Town Board of the Town of Southeast is charged with the authority to approve names of roads, streets, highways, courts, lanes, public and private ways consistent with appropriate protocols for the naming of streets established in connection with the system of enhanced emergency response employed in Putnam County and the Town of Southeast; and WHEREAS, the naming of such streets have been discussed with the Town of Southeast Fire Inspector and the Historic Sites Commission; and WHEREAS, it is found and determined to be in the best interest of the people of the Town of Southeast to adopt the following road names in connection with the development known as Campus at Fields Corners, all in an effort to further protect the health, safety and general welfare of the citizens of this Town. NOW, THEREFORE, BE IT RESOLVED, that the plat of Campus at Fields Corners shall be inscribed with the following road or street names: Main Roads: Tone Road Howes Road Wooster Road Sears Road The following names are approved for secondary roads, courts and cul-de-sacs: Baker Birdsall Bradshaw Hall Higgins Parrish Rockwell Barber Bouton Briggs Hartwell Morehouse Reynolds Seeley And be it further RESOLVED, That in connection with the road construction contemplated as part of this development, the developer is hereby directed to acquire and install the necessary and appropriate street signs in accordance with applicable regulations and approved by the Town Highway Superintendent identifying the aforesaid road names. UPON A ROLL CALL VOTE: Supervisor Dunford Aye Councilman Bonanno Aye Councilwoman Mitts Aye Councilman Johnson Aye Councilman Honeck Aye Vote: carried by a vote of 5 in favor, 0 against, 0 abstained 9

10 RESOLUTION #07/05 ABANDONMENT OF PARTS OF TOWN ROADS AROUND PUGSLEY, BARRETT AND FIELDS CORNERS Introduced by Councilman Bonanno Seconded Councilman Johnson WHEREAS, Putnam Seabury Partners, L.P. ( Putnam Seabury ) is the owner of certain real property located in the Town known as The Campus at Field Corners, which property is designated as Parcels 1A and 1B on Sheets 1 and 2 of the map entitled Map Showing Parcels to be Exchanged for the Improvement of Pugsley Road, Zimmer Road, Barrett Road and Fields Corner Road Situate in the Town of Southeast, Putnam County, New York, prepared by Badey & Watson Surveying & Engineering, P.C., printed January 14, 2005, which map is annexed hereto as Exhibit A and is incorporated by reference into this Resolution in its entirety (the Map ); and WHEREAS, on or about April 12, 2004, the Town Planning Board of the Town of Southeast ( Planning Board ), issued Final Subdivision Plat Conditional Approval and Final Re-subdivision Plat Conditional Approval (the Approvals ), allowing for the creation of a residential subdivision on Putnam Seabury s property (the Campus Subdivision ) upon the satisfaction of certain conditions set forth in the Approvals (the Conditions ); and WHEREAS, the Conditions set forth in the Approvals include, among other items, that Putnam Seabury make certain road improvements to Pugsley Road from Route 312 to its intersection with Barrett Road, realign Pugsley Road and Barrett Road, and pave and widen Fields Corners Road (collectively, the Road Improvements ); and WHEREAS, the Road Improvements further include the reconfiguration of the intersection of Pugsley Road and Barrett Road pursuant to the plans and drawings submitted with the Final Re-subdivision Plat application (Drawing SL, Overall Layout Plan, Drawing SG, Overall Grading Plan, Drawing SU, Overall Utility Plan, and Drawing H-1, Overall Pugsley Road Improvement Plan ) and in consultation with, and to the satisfaction of, the Town Highway Superintendent and Town Engineer (the Barrett Road Intersection Improvement ) ; and WHEREAS, the Planning Board, in consultation with the Town Highway Superintendent and Town Engineer, required the Road Improvements in order to improve safety and traffic efficiency in the area for the benefit of the Town as a whole; and WHEREAS, notwithstanding that the Road Improvements will benefit the Town as a whole, Putnam Seabury will undertake to accomplish said Road Improvements at its own expense; and WHEREAS, the Road Improvements shall not be considered complete until they are constructed to the satisfaction of the Town Highway Superintendent and Town Engineer (the Completion of the Road Improvements ); and WHEREAS, in addition to accomplishing the Road Improvements at its own expense, Putnam Seabury is willing to dedicate to the Town, following the Completion of the Road Improvements, substantial tracts of property, as shown on the Map, which are required to accomplish the Road Improvements; and WHEREAS, more specifically, following Completion of the Road Improvements, Putnam Seabury has committed to offering to dedicate to the Town, in consideration of the sum of ten (10) dollars and other good and valuable consideration, good title to the following Parcels of land, as designated on the Map, and will execute and deliver to the Town such instruments of dedication as will be reasonably requested by the Town: 10

11 Parcel A: Parcel B1: Parcel B3: Parcel C1: Parcel C2: Parcel C3: Parcel D: Parcel E: Parcel F: Parcel H: Parcel AA: Parcel M: Parcel O: Parcel Q: Parcel S: Parcel U: Parcel Z: 33,708 square feet 10,682 square feet 15,293 square feet 8,812 square feet 14,346 square feet 66,131 square feet square feet 3,582 square feet 773 square feet 8,258 square feet 35,038 square feet 3,758 square feet 5,490 square feet 199 square feet; 12,885 square feet 24,449 square feet 25,498 square feet. (the Dedication Parcels ) WHEREAS, the Road Improvements also require certain property, which is currently owned by the United Jewish Appeal-Federation of Jewish Philanthropies of New York ( UJA ), as shown on the Map; and WHEREAS, notwithstanding that the Road Improvements will benefit the Town as a whole, Putnam Seabury is willing to acquire from the UJA at its own expense such property that is required for the Road Improvements; and WHEREAS, the UJA is willing to transfer such property to Putnam Seabury solely under the condition that, upon the Completion of the Road Improvements, the remainder of the UJA property will continue to have access to Pugsley and Field Corners Roads; and WHEREAS, following the Completion of the Road Improvements, there will be sections of Pugsley, Barrett and Field Corners Roads, as they existed before said Road Improvements, which are of no further use for highway purposes to the Town, including the areas designated on the Map as Parcels G, I, N, P, R, T, W, and X (the Abandonment Parcels ); and WHEREAS, pursuant to Section 212-a of the New York State Highway Law, the Town Superintendent of Highways has recommended that the Town abandon to the abutting owners said Abandonment Parcels, as being of no further use for highway purposes; and WHEREAS, as shown on the Map, in order for the UJA property to have access to Pugsley and Field Corners Roads following the Completion of the Road Improvements, the Town will have to abandon the areas designated on the Map as Parcels W and X ; WHEREAS, as shown on the Map, in order the for UJA property to have access to Pugsley and Field Corners Roads following the Completion of the Road Improvements, the Town will also have to extend Zimmer Road to the Barrett Road Intersection Improvement and reflect such extension on its Official Map; and WHEREAS, the Town desires to dispose, convey and dedicate the property as described on the Map to facilitate said Road Improvements; and WHEREAS, the Town Board has determined that the contemplated action constitutes an unlisted action under the New York State Environmental Quality Review Act ( SEQRA ); and WHEREAS, the Town Board has identified the relevant areas of environmental concern associated with the Town s action herein, including the Town s abandonment of certain Town roads in connection with the Road Improvements and the extension of Zimmer Road the Barrett Road Intersection Improvement, as set forth herein, and its agreement to 11

12 change the Official Map pursuant to the plans and designs incorporated within the Planning Board s April 12 th Resolutions, including those discussed in the accompanying Environmental Assessment Form ( EAF ), which is incorporated herein in its entirety; and WHEREAS, the Town Board has determined, on the basis of its own review of the contemplated action, including that contained in the EAF, that the Town s abandonment of certain Town roads in connection with the Road Improvements and the extension of Zimmer Road the Barrett Road Intersection Improvement, as set forth herein, and its agreement to change the Official Map pursuant to the plans and designs incorporated within the Planning Board s April 12 th Resolutions, do not have the potential to cause, and will not result in, any significant adverse environmental impacts; NOW THEREFORE, be it RESOLVED, the Town Board s determination that the contemplated actions do not have the potential to cause, and will not result in, any significant adverse environmental impacts shall be embodied in a Negative Declaration, which the Town Clerk is directed to file in the Town Board s records and make available for public review; and RESOLVED, that simultaneous with accepting the Dedication Parcels from Putnam Seabury, and subject to the consent of the County Superintendent of Highways pursuant to Section 212-a of the New York State Highway Law, the Town shall abandon the following Parcels (as designated on the Map), which will be of no further use for highway purposes to the Town, and convey these Parcels to the UJA (as an abutting property owner): Parcel N: Parcel P: Parcel R: Parcel T: Parcel W: Parcel X: 504 square feet; 33 square feet; 128 square feet; 1 square foot; 4,395 square feet; and 18,599 square feet. RESOLVED, simultaneous with accepting the Dedication Parcels from Putnam Seabury, and subject to the consent of the County Superintendent of Highways pursuant to Section 212-a of the New York State Highway Law, the Town Board shall abandoning the following parcels (as designated on the Map), which will be of no further use for highway purposes to the Town, and convey said parcels to Putnam Seabury (as an abutting property owner): Parcel G: Parcel I: 279 square feet; and 590 square feet. RESOLVED, that the Town Supervisor is authorized to execute and acknowledge in the name of the Town and to affix the seal of the Town to all required legal documentation required to accomplish the abandonment of Parcels N, P, R, T, W, X, G and I pursuant to the terms of this Resolution, including, quit claim deeds, and to deliver the same to the UJA and Putnam Seabury; and RESOLVED, that, three (3) business days from the delivery of the quit claim deeds to the subject Parcels to the UJA and Putnam Seabury, and as part of the Road Improvements, Zimmer Road and Realignment, the Town Board shall reopen and extend Zimmer Road as shown on the Map; and RESOLVED, that upon the occurrence of the aforementioned abandonment of the abandoned Parcels and the reopening and extension of Zimmer Road, the Town shall take all necessary steps required pursuant to New York State Town Law Section 273 to change the Official Map of the Town, including, referring the matter to the Planning Board for report and holding a public hearing on the contemplated change upon at least ten (10) days prior public notice of such hearing. 12

13 Upon roll call: Supervisor Dunford aye Councilman Johnson aye Councilman Honeck aye Councilman Bonanno aye Councilwoman Mitts - aye The resolution was carried by a vote of 5 ayes, 0 nays, and 0 abstained. EXECUTIVE SESSION Supervisor Dunford made a motion to enter into executive session for litigation matters and Councilman Honeck seconded. All in favor. Supervisor Dunford made a motion to leave executive session and return to the Regular Meeting. Councilman Honeck seconded and all in favor. Town Clerk Mazzei stated for the record that no minutes would be taken of the executive session because no vote was made during it. RESOLUTION # 08 /2005 FOX RIDGE MOTOR INN, INC. SETTLEMENT Introduced By: Councilwoman Mitts Seconded By: Councilman Bonanno WHEREAS, a proceeding had been commenced entitled Fox Ridge Motor Inn, Inc. v. Zoning Board of the Town of southeast, et al, Westchester County Supreme Court Index No /2004; and WHEREAS, the Town Board is in receipt of settlement recommendations from the Town s counsel embodied in a proposed Stipulation of Settlement (the Stipulation ) annexed hereto and made part hereof; and WHEREAS, the Town board has considered reasonably related long-term, shortterm, direct, indirect and cumulative impacts, which may be part of any plan of which the Stipulation may be a part, likely to be undertaken as a result of the Stipulation, or dependent upon the Stipulation; and WHEREAS, this Stipulation is a Type II Unlisted Action, pursuant to 617.5(c) (2) of the State Environmental Quality Review Act ( SEQRA ), in that the subject project comprises merely the reconstruction of the prior structure in kind on the same site; and WHEREAS, having thoroughly analyzed the relevant areas of environmental concern, the Town Board has determined that the Stipulation will not cause any potential significant adverse impacts. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southeast does hereby accept the recommendations of its professional advisors and authorizes the Town s counsel, Supervisor and Planning Board Chairman to execute the Stipulation in substantially the form presented UPON A ROLL CALL VOTE: Supervisor Dunford Nay Councilman Bonanno Aye Councilwoman Mitts Aye Councilman Johnson Aye Councilman Honeck Aye Vote: carries by a vote of 4 in favor, 1 against, 0 abstained 13

14 RESOLUTION# 09 /2005 TURK HILL PARTNERS, LLC. SETTLEMENT Introduced by Councilwoman Mitts Seconded by Councilman Bonanno WHWEAS, a proceeding has been commenced entitled Turk Hill Partners, LLC v. The Town of Southeast, et al, Putnam County Supreme Court Index No. 1456/2004 and WHEREAS, the Town Board is in receipt of settlement recommendations from the Town s Counsel embodied in a proposed Stipulation of Settlement (the Stipulation ) annexed hereto and made part hereof; and WHEREAS, the Town Board has considered reasonably related long-term, shortterm, direct, indirect and cumulative impacts, which may be part of any plan of which the Stipulation may be a part, likely to be undertaken as a result of the Stipulation, or dependent upon the Stipulation; and WHEREAS, the Stipulation involves no significant adverse environmental impacts, newly discovered information or changes in circumstances that would require supplementary review under the State Environmental Quality Review Act; and WHEREAS, having thoroughly analyzed the relevant areas of environmental concern, the Town Board has determined that the Stipulation will not cause any potential significant adverse impacts. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southeast does hereby accept the recommendations of its professional advisors and authorizes the Town s counsel, Supervisor and Planning Board Chairman to execute the Stipulation and substantially the form presented. UPON A ROLL CALL VOTE: Supervisor Dunford Aye Councilman Bonanno Aye Councilwoman Mitts Nay Councilman Johnson Aye Councilman Honeck Nay VOTE: carried by a vote of 3 in favor, 2 against, 0 abstained NEW BUSINESS A questioned was asked if the executive session was held for Fox Ridge and Turk Hill Partners and Town Counsel described the litigation for each topic such as Fox Ridge where the dispute was concerning the footprint and if it was pre-existing, conconforming. He clarified that the square footage was the same. The second stipulation of settlement was for Turk Hill Partners who sued to try to overturn the most recent moratorium. They will now get 5 lots including the existing Castle lot. It now has only 4 new lots. Mrs. Eckhardt said she still did not understand. Counsel Stephens said that the footprint was agreed upon and that agrees with the town records. The Mayor questioned the Pugsley Road realignment and said the roads are historical. He then spoke of the Brewster Cheerleaders going to Hawaii for a competition. Their celebration will be on February 13, Then talked about the grants obtained for improving Main. The Supervisor asked about the televising of the Village Board Meetings 14

15 Councilman Johnson talked about the renovations at Town Hall and what a success it was. Mitts talked about the Valentine Program run through the Recreation Department. John Lord asked about a 10-day comment period for letters and Supervisor Dunford said that even though the public hearing was closed the Town would accept written commentary. Supervisor Dunford made a motion to close the meeting and Councilman Bonanno seconded. All in favor. Respectfully submitted, Ruth Argo Mazzei Southeast Town Clerk 15