Minutes of the Village Board meeting held at the Highland Mills Firehouse, 455 Route 32, Highland Mills,

New York on October 14, 2008 at 7:30PM

Present: Stephanie Berean-Weeks, Mayor

Neil Crouse, Richard Jackson and Joann Stabile, Trustees

Absent: Patrick Kinney, Trustee

Also Present: Richard Golden and Kelly Naughton, Attorneys for the Village; Dennis Lindsay, Village

EngineerT Dominick Prozzillo, Fire Chief; Sandra Capriglione, Zoning Board; Peter Stabile,

Highway Superintendent

a. Acceptance of Minutes:

Motion was offered by Mayor Berean-Weeks, seconded by Trustee Jackson, to accept the

minutes of the meeting held September 23, 2008.

ABSTAIN 1 Stabile

b. Approval of Abstract:

Motion was offered by Mayor Berean-Weeks, seconded by Trustee Crouse, to approve Abstract

9, Vouchers -20080562 - -20080654, totaling `97,563.93.

NOES 0

EXTRA ITEM - Membership Application b Fire Department:

Motion was offered by Mayor Berean-Weeks, seconded by Trustee Jackson, to accept the

application of Nicholas Torrisi for junior membership to the Central Valley Fire Company. Mr. Torrisi has

taken and passed his physical.

NOES 0

EXTRA ITEM - Reschedule November 11 Meeting:

Motion was offered by Mayor Berean-Weeks, seconded by Trustee Stabile, to cancel the

November 11 meeting (due to Veteran's Day observance) and reschedule it for November 12.

NOES 0

a. Discussion - Outdoor Public Assembly Local Law:

Attorney Golden asked for some clarification on a change that was made to the law by the

Board at the public hearing. Section 243-3(1) was changed to require a permit with attendees of

1000h/day to be applied for before the "Planning Board and/or Village Board". He believes this is

unclear as written since it does not delineate which Board. After discussion, it was agreed that "and/or

Village Board" would be removed. Trustee Crouse stated he would like to add funerals to the list of

exemptions. Attorney Golden stated, regarding Ambulance and Fire Department events, if they are to

be sponsored by the Village Board they would be exempt from the application process. There may be

some events that the Village does not feel should be exempt and the application process would need to

be followed and the fee waived, as provided in Section 243-3(11). Mayor Berean-Weeks asked Attorney

Golden to make the changes as discussed and the Board will discuss this issue again at the next meeting.

b. Update b Seal Coating of Parking Lot:

Trustee Jackson stated he is still working on drafting the proposal for Attorney Golden to review.

c. Update b Repair of Circulator Pump (s):

Mayor Berean-Weeks stated three entities were contacted to submit quotes for the necessary

repairs but none have been submitted as of yet.

d. Update b Speed Limit Reduction Request for Dunderberg Road:

Attorney Golden stated he researched the law and determined that a County or Town cannot

change the speed limit on their roads without permission from the State. A Village, however, can

change the speed limit on any road within their boundaries without needing permission, unless it is a

State road. The County Attorney has been informed by the State that this is untrue. He believes they

are incorrect and perhaps are not aware of changes that have been made to the law. Trustee Crouse

stated he had contacted NYCOM last year about this issue and was told that it is not as simple as the

Village Board adopting a resolution to change the speed limit on a road. Attorney Golden stated he

believes that it is but the County has requested a written response from the State for clarification. He

suggested the Board wait until their meeting in November before taking action. Mayor Berean-Weeks

stated she is meeting with representatives from the County, School District, Police Department and

Engineer Lindsay on Thursday to discuss this and traffic concerns by the Middle and High School.

e. Discussion b Pine Ridge Estates:

Engineer Lindsay explained the history of the Amdur Park Water area. He stated that the water

meets Health Department requirements but not for fire protection capabilities. Currently the area

consists of 48 users and eight vacant lots. The proposal by the applicant is to extend the boundaries to

include his six parcels. He noted the following advantages to approving this request: (1) the additional

customers would help with the costs of future capital projects/maintenance; (2) connection would

provide the potential for fire protection should a water storage facility could be developed as a result of

a possible contribution by the applicant; (3) water quality would improve. The disadvantages he noted

were: (1) costs to Pine Ridge Estates to offset their potential impact to the area in terms of supply may

be too much to offset their benefit and (2) expansion of the water improvement area that does not

provide fire protection. If the Board decides to consider expanding the area to include the six additional

lots, he recommends the following be negotiated with the applicant: (1) provide an additional water

supply to produce not only the water required by the development but to add additional water supply

to the area (approximately 50gpm)T (2) provide a new water line from the well supply to the Water

Treatment Facility; (3) provide a distribution system in Pine Ridge Estates with connection to the Amdur

Park distribution system of adequate size to provide fire protection should a water storage facility be

added in the future and (4) provide all infrastructure in accordance with the Village Water Department

standards and the requirements of the Village Engineer and Water Superintendent. Mayor Berean-

Weeks stated she feels that fire protection is a serious concern that should be addressed. Engineer

Lindsay noted that the elevation is currently not high enough to install a water tank and believes the

best opportunity with this application is to increase supply. A discussion was held which resulted in the

Board indicating they would be open to consider the expansion of the Amdur Park Water Improvement

Area. The applicant will meet with Engineer Lindsay and Superintendent McClennan to discuss the

details. A report will then be submitted to the Board by Engineer Lindsay.

EaTRA ITEM b Advertise for Bids b Fire Department UTV:

A discussion was held regarding the specifications there were prepared by Attorney Golden and

reviewed by Chief Prozzillo. Mayor Berean-Weeks asked how often the UTV would be utilized if

purchased. Chief Prozzillo stated, once the County is informed that the Department has one, quite

frequently. Mayor Berean-Weeks then reminded the Board that a price cab was set for this purchase to

not exceed $21,000. A discussion was held about an additional piece of equipment that Chief Prozzillo

would like to have added to the specifications that may cause the price to be more than $21,000 but less

than $24,000. It was decided that the specifications would be written in such a way that the UTV could

be bid on separately with an option for the additional piece of equipment. Motion was offered by

Trustee Jackson, seconded by Trustee Stabile, to authorize the Village Clerk to advertise for bids for the

purchase of a UTV for the Fire Department.

NOES 0

Chief Prozzillo stated he will give addresses to Clerk Potvin of entity that carry the equipment and will

also look on State bid for the UTV.

a. Revised SWPPP Acceptance Form:

As of September 30, 2008, the NYSDEC will require construction sites that are subject to review

by regulated traditional land use contract MS4s to have their Stormwater Pollution Prevention Plans

(SWPPPs) accepted by those MS4s prior to obtaining authorization under the NYSDEC "SPEDES General

Permit for Stormwater Discharges from Construction Activity". This form must be signed by an

authorized representative of the MS4. Motion was offered by Mayor Berean-Weeks, seconded by

Trustee Crouse, to designate Engineer Lindsay as the "authorized representative" to complete, review

and sign all "SWPPP Acceptance Forms" on behalf of the Village of Woodbury.

NOES 0

b. Discussion - Brigadoon Bonding Reduction Request:

Engineer Lindsay stated there is a punch-list that was prepared after a meeting held with all the

inspectors and departments involved with the development that needs to be accomplished prior to the

Village accepting dedication of the roads. Since some of the work has been completed, the developer is

requesting that some of the money that is being held be returned. Once the roads are accepted, a one year

cash maintenance bond will be required to be held in an amount that he estimated to be $104,191.

The amount that he suggests be retained until all of the punch-list items are completed is $118,900.

This would then return the balance of $384,302. It was noted that this money (currently in the form of

two Letters of Credits and one surety bond) were issued in the Townes name and Attorney Golden stated

he feels it would be appropriate for both municipalities to approve returning the money. A motion was

then offered by Mayor Berean-Weeks, seconded by Trustee Crouse, to approve the release of the bonds

for the Brigadoon Development based on the recommendation of Engineer Lindsay in his letter dated

September 24, 2008, once an $118,900 cash bond is received to replace them.

NOES 0

c. Discussion - Polizzi Property Zoning:

Mayor Berean-Weeks stated a request has been received from Gaspare Polizzi to have the

zoning lines reviewed for his property since it is currently divided into two different zoning districts. She

has spoken with Dr Polizzi and was informed that there is no intention to develop the land but would

like the property zoned the same so it can be sold easier. It was decided that Engineer Lindsay, Planner

Turner and Building Inspector Thomasberger will meet to review the request and report a

recommendation to the Board.

Trustee Crouse stated verbal notification has been received from the Orange County Planning

Department that a $15,000 grant has been award for the Transit Orient Village study that was applied

for by the Villages of Woodbury and Harriman and the Town of Monroe (the amount requested was

$45,000). Trustee Crouse then stated the Sign Committee will be meeting on October 21.

Mayor Berean-Weeks asked Trustee Stabile for an update on the proposals she was getting for

the maintenance of the outdoors. Trustee Stabile stated she had received only one proposal but it is

over thirty days old. Mayor Berean-Weeks then reported that the Workplace Violence Prevention

seminar was held on October 1 and she felt it was successful. She then announced that the ESO will be

holding an organization meeting tomorrow to begin discussions for the upcoming Thanksgiving shopping

weekend. She thanked the Town's Buildings and Grounds department for taking care of the weeds and

growth on the retaining wall. She noted that all of the outdoor lights have been repaired and are in

working order. She reminded the Board that there is a Comprehensive Plan review meeting scheduled

for 6:30PM on October 20. She then asked if there were any letters of interest received for the

videotaping of the meetings. It was noted that one letter was received. Clerk Potvin was asked to

contact the Guidance office's at both High Schools to see if any students would be interested in

volunteering to videotape the meetings.

Kathleen Bachorik informed the Board that there are residents of Birchwood Drive that walk

their dogs by the Water Department property and do not clean-up after the dog "does its business".

Mrs Bachorik was informed that she should contact the Animal Control Officer about the issue and, if

she does not feel it is being addressed, should contact the Town Board.

Jonathan Swiller announced that there is a blood drive scheduled at the Ambulance Corp on

October 26 from 10AM - 1PM.

With no further comments received or business to discuss, a motion was offered by Mayor

Berean-Weeks, seconded by Trustee Stabile, to adjourn the meeting at 9:40PM.

NOES 0

Desiree Potvin, Village Clerk