Minutes of the Village Board Meeting held at the Highland Mills Firehouse, 455 Route 32, Highland Mills, New York on December 9, 2008 at 7:30PM

Present: Stephanie Berean‐Weeks, Mayor

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

Absent: None

Also Present: Richard Golden and Kelly Naughton, Attorneys for the Village; Dennis Lindsay, Engineer for the Village; William McClennan, Water/Sewer Superintendent; Dominick Prozzillo, Fire Chief; Maria Hunter and Lorraine McNeill, Planning Board

I. Administrative Business:

a. Acceptance of Minutes:

Motion was offered by Mayor Berean‐Weeks, seconded by Trustee Jackson, to accept the minutes of the November 25, 2008 regular meeting.

ADOPTED AYES 5 Berean‐Weeks, Crouse, Jackson, Kinney, Stabile

NOES 0

b. Approval of Abstract:

Motion was offered by Mayor Berean‐Weeks, seconded by Trustee Stabile, to approve Abstract 13, Vouchers #20080856 ‐ #20080902, totaling $73,881.99.

ADOPTED AYES 5 Berean‐Weeks, Crouse, Jackson, Kinney, Stabile

NOES 0

c. Fire Equipment Requisition 2008‐17:

Motion was offered by Trustee Kinney, seconded by Trustee Jackson, to approve Fire Department Equipment Requisition 2008‐17 for the purchase of a Toshiba E‐Studio 167 Copier at the state bid cost of $1883.00, plus upgrading the unit for scanning capabilities (total cost $1996.00).

ADOPTED AYES 5 Berean‐Weeks, Crouse, Jackson, Kinney, Stabile

NOES 0

EXTRA ITEM – Closing of Escrow Accounts:

Motion was offered by Trustee Kinney, seconded by Trustee Stabile, to approve the closing of the following developers escrow accounts, as requested by the Building Department:

D421 Mazel, Brucha & Hatzlucha                     D418 Menna Building Corp

D321 Estate of Lillian Montanez                        D003 2136 Mapes

D412 Joanna Bochenek‐Faryna                        D403 Binyomin Herskowitz

                                             D262 Orange Nursery

ADOPTED AYES 5 Berean‐Weeks, Crouse, Jackson, Kinney, Stabile

NOES 0

EXTRA ITEM – Cancelation of December 23 Meeting:

Motion was offered by Mayor Berean‐Weeks, seconded by Trustee Stabile, to cancel the December 23, 2008 meeting due to its close proximity to the holiday.

ADOPTED AYES 5 Berean‐Weeks, Crouse, Jackson, Kinney, Stabile

NOES 0

II. Old Business:

a. Update from Consultants – Pine Ridge Estates:

Engineer Lindsay stated the developer received preliminary approval for a six‐lot subdivision from the Planning Board. A few months ago he appeared before the Village Board requesting the extension of the Water 6 area to include his development. The Village Board then directed him and Superintendent McClennan to meet with the developers engineer to discuss a proposal and plan. The meeting was held this afternoon. Engineer Lindsay explained the current condition of the Water 6 area, stating that it is an adequate, small facility. There are currently two stations there that feed from the same water supply. There is municipal owned property in the area that could be improved to serve as a third station feeding from a different source of the same supply. During the meeting, it was suggested that a reasonable benefit to the Water 6 area that would justify the extension would be if the developer would improve the municipal property and construct the third water facility that would serve his subdivision and the entire Water 6 area. The developers engineer will bring this suggestion to the applicant. Engineer Lindsay stressed there would be no cost to the Village for this improvement. Trustee Crouse stated he is very skeptical about this issue and feels the developer would need to prove that this proposal would indeed benefit the entire Water 6 area to justify the extension. Engineer Lindsay reminded the Board that the developer, if the request is denied, will need to construct six wells for each property, which would feed from the same aquifer the Water 6 area currently feeds from.

b. Update from Consultants – Sunny Lane:

Attorney Golden stated the application was on the agenda of the Planning Board at their last meeting and the applicant failed to appear. Engineer Lindsay noted the applicant did call the Building Department to state they would not be able to make the meeting but the call was made after hours. The application will be on a January agenda for the Planning Board.

c. VOTE – Outdoor Public Assembly Law:

Attorney Golden stated the amendment that was discussed at the last meeting was made to the incorrect version of the public assembly law. The correction has been made to the most recent version of the law and was e‐mailed to each Board member on December 8. Pursuant to New York State law, the revised proposed law needs to be given to each Board member seven days before a vote can be held. Mayor Berean‐Weeks stated this item will be added to the January 13 agenda.

EXTRA ITEM – Orange County Community Planning Grant:

Motion was offered by Trustee Stabile, seconded by Trustee Crouse, to authorize the Mayor to sign to an agreement and contract with Orange County for a $20,000 grant that will "support transit‐oriented development in the area around the Harriman Station by 1) fostering development of an inter‐municipal agreement between the Villages of Woodbury and Harriman, and the Town of Monroe; 2) amending zoning regulations in any or all of these municipalities; 3) performing other work as needed to meet this objective."

ADOPTED AYES 5 Berean‐Weeks, Crouse, Jackson, Kinney, Stabile

NOES 0

Trustee Crouse asked Clerk Potvin to send a copy of the agreement/contract to the Village of Harriman and the Town of Monroe. Trustee Kinney stated he would like to be involved in the grant process. It was agreed that Trustees Crouse and Kinney would represent the Village of Woodbury in this endeavor.

III. New Business:

a. Hollis Street Curb/Sidewalk Improvements:

Engineer Lindsay stated the Highway Superintendent had budgeted funds to improve the curbing and sidewalks on Hollis Street and Elm Street so that residents can walk safely to the ball field on Adams Street. The Town did budget funds for the project and, since the streets are owned by the Village, he and the Highway Superintendent want to keep the Village aware of the progress and the steps followed. He explained, in detail the exact work that will be done.

b. Damage to Sewer Line:

Engineer Lindsay stated it was discovered, during the ongoing improvements within the Infiltration & Inflow Capital Project, that a resident had installed their water line through the sewer line.

When it was determined, Attorney Golden’s office was notified and a letter was written by Superintendent McClennan to the resident notifying that they must eliminate the cross connection and repair the damaged sewer line. Superintendent McClennan stated the resident has hired a contractor that is currently repairing a break that occurred last week. Engineer Lindsay stated he will contact the homeowner tomorrow to receive an update on the progress. If they do not prepare the break, the Village’s contractor will do the work and then the homeowner will be assessed an appropriate portion of the cost.

c. Funding of Consolidated Water Capital Improvements:

Engineer Lindsay stated the Town Board, in 1997, adopted a bond resolution to fund improvements to the Consolidated Water area. One aspect of this project was improvements to the water line on Woodland Road. The remaining balance of the funds secured by the Town was transferred to the Village pursuant to State law and there is enough money remaining to fund this particular project, as well as a small improvement needed on Route 32 by Quaker Road. The DOT has yet to approve the work to be done on Route 32 though. In any event, he would like permission to let out bid documents for this work and, if the DOT does not approve the work, that can be amended in the specification through an addendum. Motion was offered by Mayor Berean‐Weeks, seconded by Trustee Kinney, to authorize the Village Engineer to let out bids for the improvements to Woodland Road and an area along Route 32 (by Quaker Road) as part of the Consolidate Water Area Capital Project.

ADOPTED AYES 5 Berean‐Weeks, Crouse, Jackson, Kinney, Stabile

NOES 0

Engineer Lindsay noted that there are additional funds that still need to be bonded for the capital project. One project noted was the construction of a facility next to the Water Department building that would help control all aspects of the water operations more efficiently. Since the project began in 1997, the projected costs of this facility have most likely increased. He will prepare a revised memo to his 1997 report for the Board’s consideration.

d. Minutes Indexing Program:

Clerk Potvin suggested the Board consider investing in a minute indexing system. The purpose of this program would make searching minutes for FOIL requests or researching issues more efficiently. Attorney Golden agreed this type of program would be an asset to the Village. He then noted that the procurement policy requires two verbal quotes for purchases under $1000. Clerk Potvin stated she will try to obtain an additional quote. Trustee Stabile asked her to obtain quotes on multi‐user licenses as well. Clerk Potvin was also asked to contact Toshiba to find out the costs to have the scanner capabilities activated on the photocopy machine.

EXTRA ITEM – Schedule Public Hearing for Harvesting Special Permit:

Motion was offered by Mayor Berean‐Weeks, seconded by Trustee Kinney, to schedule a public hearing for January 13, 2008 at 7:30PM on the application for a special permit pursuant to Chapter 286 of the Code of the Village of Woodbury to conduct a commercial harvesting operation on property owned by Arden Properties Inc. A timber harvesting report has been prepared by David T Mance, Jr., Registered Forester, concerning this application and is on file in the Village Clerks Office where it may be reviewed by any interested party.

ADOPTED AYES 5 Berean‐Weeks, Crouse, Jackson, Kinney, Stabile

NOES 0

Since the Village Board does not have an appointed consulting forester, it was decided that Planner Turner would be asked to review the application and report his findings for the public hearing.

IV. Board Member/Department Comments:

Chief Prozzillo informed the Board that Truck 503 is out of service, again. This is the third time the ladder has broken (first time was an accident, second was user error). It was unclear as to why the ladder had jammed but, when the override was done, the ladder came crashing down and broke more. An insurance claim has been submitted to Marshall & Sterling. The adjustor came and inspected the apparatus prior to it being sent out for repairs and he deemed the cause "user error". Chief Prozzillo suggested the truck manufacturer be asked to come to a drill night and retrain all the members on the operation of the apparatus. Trustee Jackson stated he takes exception to the assumption that the damage was caused by "user error" just so a claim can be submitted to the insurance company. Chief Prozzillo added that the sales representative that lives locally was contacted to come to the drill when the ladder was jammed. One of the Assistant Chiefs, however, activated the override before the representative showed up so there is no way to determine what caused the jam. Chief Prozzillo then thanked the Village Board for all of their support of his department during the past year.

Trustee Kinney stated he feels the Board should consider appointing a zoning review committee to begin reviewing the zoning law and its compliance with the Comprehensive Plan. Attorney Golden stated the Board does not need to appoint such a committee unless it feels that it needs assistance in doing the review. Trustee Kinney then stated a process should be determined with regards to posting the minutes and agenda on the Village website. Trustee Stabile stated she would take on the responsibility of posting the documents on the website. Clerk Potvin suggested the Planning and Zoning Board minutes be added as well, although there are issues with receiving them electronically (the Planning Board minutes are prepared on WordPad and the clerk does not use e‐mail; the Zoning Board minutes are prepared with a typewriter with portions being copied, cut and taped into them). Attorney Golden offered, at no charge to the Village, to have the Planning and Zoning Board minutes scanned and e‐mailed to Clerk Potvin.

Mayor Berean‐Weeks stated she contacted Senator Larkin and Assemblywoman Calhoun regarding possible funding for the purchase of the UTV for the Fire Department. A letter has been sent to them as well. Prior to the start of the meeting she and Trustee Stabile discussed the need to purchase a new amplifier for the audio equipment. Trustee Stabile has agreed to obtain the required quotes for the Boards consideration. She then asked Attorney Golden to have proposed specifications for the annual maintenance of the heating/air conditioning unit for the Board to review at its next meeting.

V. Public Comment:

There was no public comment.

VI. Adjournment:

With no further business to discuss or comments received, a motion was offered by Mayor Berean‐Weeks, seconded by Trustee Kinney, to adjourn the meeting at 9PM.

ADOPTED AYES 5 Berean‐Weeks, Crouse, Jackson, Kinney, Stabile

NOES 0

Desiree Potvin, Village Clerk