Village Board Minutes February 10, 2009 Minutes of the Village Board Meeting held at the Highland Mills Firehouse, 455 Route 32, Highland Mills, New York on February 10, 2009 at 7:30PM

Present: Stephanie BereanWeeks, Mayor

Neil Crouse, Richard Jackson, Patrick Kinney and Joann Stabile, Trustees

Absent: None

Also Present: Richard Golden and Kelly Naughton, Attorneys for the Village; Dominick Prozzillo, Fire Chief; Sandra Capriglione and Timothy Egan, Zoning Board; Maria Hunter, Planning Board; Michael Queenan, Town Board; Peter Stabile, Highway Superintendent

I. Administrative Business:

a. Acceptance of Minutes:

Motion was offered Trustee Kinney, seconded by Trustee Jackson, to accept the minutes of the meeting held January 27, 2009.

ADOPTED AYES 4 BereanWeeks, Crouse, Jackson, Kinney

ABSTAIN 1 Stabile

b. Approval of Abstract:

Motion was offered by Mayor BereanWeeks, seconded by Trustee Crouse, to approve Abstract 16, Vouchers #20081120 #20081223, totaling $594,869.09.

ADOPTED AYES 5 BereanWeeks, Crouse, Jackson, Kinney

NOES 0

c. Budget Modification:

Motion was offered by Trustee Stabile, seconded by Trustee Jackson, to approve a modification to the budget of the Building Department by decreasing A3620.200 (Equipment) by $500 and increasing A3620.453 (Vehicle Repairs) by $500.

ADOPTED AYES 5 BereanWeeks, Crouse, Jackson, Kinney

NOES 0

d. Schedule Special Worksession – Comprehensive Plan/Zoning Review:

Motion was offered by Mayor BereanWeeks, seconded by Trustee Stabile, to schedule a special worksession for February 23, 2009 at 7PM at the Highland Mills Firehouse to review the Comprehensive Plan with Planner Turner.

ADOPTED AYES 5 BereanWeeks, Crouse, Jackson, Kinney

NOES 0

Trustee Jackson stated he is not available that night due to a prior commitment.

II. Old Business:

a. Receipt/Award of Bids – Sale of Surplus Equipment:

Clerk Potvin stated the notice for the bid opening (for the sale of a 1990 Ford F350 with a CET Skid Unit containing a foam system) was printed in the Times Herald Record on January 20, 2009 and the opening was held at 3:30PM this afternoon. The following bids were received:

Louis Gordon, 308 Schunnemunk Road, Monroe $10,200 (without bank check)

Bullville Fire District, Box 108, Bullville $8,001 (with bank check) Village Board Minutes February 10, 2009

Motion was offered by Mayor BereanWeeks, seconded by Trustee Jackson, to accept the bid received from Bullville Fire District for the sale of the 1990 Ford F350 at the cost of $8,001. It was noted the higher bid was not accepted since it was not received in the required format (with a bank check).

ADOPTED AYES 5 BereanWeeks, Crouse, Jackson, Kinney

NOES 0

b. Update – HVAC Service Specifications:

c. Update – Generator Service Specifications:

Attorney Golden stated Engineer Lindsay submitted his suggestions for inclusion in the specifications this afternoon. He has the notice ready for the Board if they would like to approve the bid letting tonight otherwise he will have the complete specifications prepared for the next meeting. Mayor BereanWeeks stated she would like to wait until the next meeting so the Board can review the specifications. Attorney Golden stated he will be sure to have them to the Board a few days prior to the meeting so there is time for them to be reviewed.

d. Update – Sign Law:

Trustee Crouse stated the sign committee met last week to continue reviewing/editing a proposed law for the Boards consideration. He believes there should only be one or two more meetings needed before a recommendation is made to the Village Board. Mayor BereanWeeks asked that Trustee Crouse post when the meetings will be held so the public is aware.

EXTRA ITEM – GML 239(l)(m)(n) Compliance:

Trustee Crouse stated he would like the Board to consider adopting a resolution that urges all municipalities to be in compliance with General Municipal Law 239 (l)(m)(n). Attorney Golden summarized the purpose of this section of State law. He also suggested adding 239(f) to the resolution as well. Trustee Kinney asked what power the County has for enforcement. Attorney Golden stated if an application is challenged, the action could be voided, causing the process to being all over. The Orange County Planning Department is the administrator for this section of the State law. He believes the intent of the resolution is to have Orange County become more aggressive in making some municipalities be compliant. A motion was then offered by Trustee Crouse, seconded by Mayor BereanWeeks, to adopt the following resolution to memorialize the policy of the Legislature of the County of Orange in support of compliance with and enforcement of the provisions of General Municipal Law Section 239 (f)(l)(m) and (n) and related laws and rules:

WHEREAS, the laws of the State of New York, including General Municipal Law Sections 239f, 239l, 239m and 239n, provide that certain land use applications must be referred to and reviewed by the Orange County Planning Department prior to final determination by local boards; and

WHEREAS, as defined by such law, such applications included proposed uses of land within 500 feet of an adjacent municipality, parkland, county and state roads or highways, streams and drainage facilities, agricultural lands and other properties likely to be affected by such proposed use and vested with interests intended to be protected by the Orange County Planning Department review mandated by said laws; and

WHEREAS, the failure of the officials of local land use planning and municipal bodies to comply with the provisions of the General Municipal Law result in the inability of the Orange County Planning Department to review such applications or provide guidance and advise and expose such adjacent lands to significant negative impacts; and

WHEREAS, in cases where Orange County officials with authority over the subject are aware of the failure of local officials to comply with such procedures as required by state laws, it is incumbent Village Board Minutes February 10, 2009

upon them to notify such local officials of same and to take all such actions as are appropriate and necessary to bring such local bodies into compliance with the law.

NOW, THEREFORE, BE IT

RESOLVED by the Village Board of the Village of Woodbury to memorialize the policy of the County of Orange and declares its position in support of the policies and procedures set forth in General Municipal Law Section 239(f)(l)(m) and (n), same as being necessary to protect the interests of all citizens of Orange County in promoting proper land uses and planning practices and to prevent negative environment impacts upon adjoining properties; and be it further

RESOLVED that the Village Board does hereby call upon all local and county officials and board members to take all actions and adopt such measures as will ensure compliance with the General Municipal Law and other laws, rules and regulations so as to secure the exercise of the powers and duties of the Orange County Planning Department in providing its oversight, review and advice with respect to such proposed land uses and protect the public interest as intended and provided by law.

ADOPTED AYES 5 BereanWeeks, Crouse, Jackson, Kinney

NOES 0

III. New Business:

a. Discussion – Planning Board Escrow Fees:

Mayor BereanWeeks stated a letter was received from Inspector Thomasberger requesting that the fees collected for Planning Board Escrows be increased. These fees are required to pay the consultant fees that are incurred for an application to be reviewed. Based on current consultant vouchers submitted, these accounts are consistently falling short, requiring repeated requests for additional funds from the applicant. At times, the applicant has been reluctant to comply in a timely manner. She will be meeting with Inspector Thomasberger to prepare a draft local law for the Boards consideration.

b. Amendment of Late Penalties – Property Taxes:

Clerk Potvin explained the County now has the ability to print a fifth payment line on the tax bills since they have acquired a new software program. Therefore, a resolution is needed to adjust the penalty payments on Village property taxes. A motion was offered by Trustee Kinney, seconded by Trustee Jackson, to set the late payment penalties for the collection of Village property taxes as follows:

Payment Period Penalty

Postmarked June 1 – 30 No penalty

Postmarked July 1 – 31 5%

Postmarked August 1 – 31 additional 1%

Postmarked September 1 – 30 additional 1%

Postmarked October 1 – 31 additional 1%

NOTE – If the last day of the month falls on a Saturday or Sunday, the next business day would constitute the end of that specific payment period.

ADOPTED AYES 5 BereanWeeks, Crouse, Jackson, Kinney

NOES 0

EXTRA ITEM – Roads of Raananah Park:

Mayor BereanWeeks stated a letter was received from a resident of Raananah Park asking that the Board declare the roads are in a suitable condition to be used yearround. She spoke with Engineer Lindsay and he, with Superintendent Stabile, will provide a report for the Boards information at the next meeting. Attorney Golden stated this request is before the Village Board as a result of a condition Village Board Minutes February 10, 2009

imposed in the Planning Board’s resolution regarding an application to convert a dwelling in this development from seasonal to yearround.

EXTRA ITEM – Mobility Tax:

Mayor BereanWeeks stated the Board has not had the chance to review this proposed resolution so she would like the Board to discuss this further at the next meeting. Attorney Golden stated he will distribute to the Board the entire MTA proposal.

IV. Board Member/Department Comments:

Chief Prozzillo stated the Fire Department would like to apply for a grant through Congressman John Hall’s office and the Department of Homeland Security. They would like to purchase a repeater system that would be a valuable asset to his department and the community. If a grant is not available, the County is offering to loan the money and the Village would have three years to pay it back. Mayor BereanWeeks stated the three emergency service departments (Police, Ambulance and Fire) should share the costs in the repeater since all three will benefit. Chief Prozzillo stated the Ambulance does not feel that it is a priority for them to have the repeater at this time. The Fire Department, however, has experienced times when communication has failed due to the lack of a stabile repeater. The cost is approximately $100,000 (includes equipment and FCC license). Attorney Golden suggested the Chief put together a written proposal for the Board to review and consider, listing the pros and cons. Trustee Crouse stated he would meet with Chief Prozzillo to discuss the issue in further detail.

Trustee Crouse stated a survey was received from NYCOM requesting a list of "shovelready" projects. He met with Superintendent Stabile and submitted six projects that are currently in progress. He then noted that the County distributed a draft "Harriman Transit Study" to the members of the Southeast Orange County Transportation Task Force. To implement the plan, the County indicated that it may be able to assist financially.

V. Public Participation:

Maria Hunter stated she filled out information on the Village website contact page and received a response from a law firm. Trustee Kinney stated he would look into the issue.

VI. Adjournment:

With no further comments received or business to discuss, a motion was offered by Mayor BereanWeeks, seconded by Trustee Jackson, to adjourn the meeting at 8:20PM.

ADOPTED AYES 5 BereanWeeks, Crouse, Jackson, Kinney

NOES 0

Desiree Potvin, Village Clerk