Minutes of the Village Board
Woodbury Village Board 8-26-2008
August 26, 2008
Present: Stephanie Berean-Weeks, Mayor
Neil Crouse, Patrick Kinney and Joann Stabile; Trustees
Absent: Richard Jackson, Trustee
Also Present: Richard Golden and Kelly Naughton, Attorneys for the Village; Stuart Turner, Village Planner; William McClennan, Water/Sewer Superintendent; Dominick Prozzillo, Fire Chief; Richard Cataggio and Sandra Capriglione, Zoning Board; Peter Stabile, Highway Superintendent
I. Administrative Business:
a. Acceptance of Minutes:
Motion was offered by Trustee Stabile, seconded by Trustee Crouse, to accept the minutes of the regular meeting held August 12, 2008.
ADOPTED AYES 3 Crouse, Kinney, Stabile
ABSTAIN 1 Berean-Weeks
b. Approval of Abstract:
Motion was offered by Trustee Crouse, seconded by Mayor Berean-Weeks, to approve Abstract 6, Vouchers #20080364 - #20080416, totaling $67,251.46.
ADOPTED AYES 4 Berean-Weeks, Crouse, Kinney, Stabile
NOES 0
c. Budget Modification – FD Equip Request 2008-13:
Motion was offered by Mayor Berean-Weeks, seconded by Trustee Stabile, to approve a modification to the General Fund budget by increasing A909 Appropriated Fund Balance by $20,000, decreasing A3410.461 (FD – Ladder Testing) by $3,650 and decreasing A3410.462 (FD – Hose Testing) by $1,761; and increasing A3410.419 (FD – Radio Equipment/Repair) by $20,000, increasing A3410.416 (FD – Uniform/Accessories) by $3,745 and increasing A3410.463 (FD – SCBA Testing) by $1,666.
ADOPTED AYES 4 Berean-Weeks, Crouse, Kinney, Stabile
NOES 0
Motion was then offered by Mayor Berean-Weeks, seconded by Trustee Stabile, to approve Fire Department Equipment Requisition 2008-13, for various uniforms and accessories , totaling $19,744.50.
ADOPTED AYES 4 Berean-Weeks, Crouse, Kinney, Stabile
NOES 0
d. Use of Building Request:
A request to use the building was received from the Highland Mills Post Office for October 2, 2008, 10AM – approximately 2PM. Since it was unclear as to the reason they are requesting the use of the room, it was decided that Clerk Potvin would contact the Postmaster and ask for additional information.
Motion was then offered by Mayor Berean-Weeks, seconded by Trustee Stabile, to approve the use of the meeting room by the Women of Woodbury on November 29, 2008 from 7AM – 5PM.
ADOPTED AYES 4 Berean-Weeks, Crouse, Kinney, Stabile
NOES 0
e. Cancel/Reschedule September 9 Meeting:
Due to the Primary Election that is occurring on September 9, a motion was offered by Mayor Berean-Weeks, seconded by Trustee Stabile, to cancel the September 9 meeting and reschedule it for September 10, 2008.
ADOPTED AYES 4 Berean-Weeks, Crouse, Kinney, Stabile
NOES 0
II. Old Business:
a. Water/Sewer Department Equipment Request
This issue was tabled to be discussed in an attorney/client session at the end of the meeting.
b. Liquor License Renewal Notifications:
Mayor Berean-Weeks stated notification was received from the Police Department stating they have no objection to the following entities renewing/applying for their liquor license: Cosimos Brick Oven, Bright Star Diner and Deutsche Wurst Platz. Clerk Potvin will send a letter to the NYS Liquor Authority informing them that the Village has no objections to the applications.
c. Discussion – Amendment to Street Specifications Local Law:
Attorney Golden stated the Board has established a policy by resolution adopted August 12, 2008 requiring stop lines to be installed with stop signs on all new roads to be offered for dedication. Engineer Lindsay has suggested that the Board amend the Village Code to reflect this policy. Trustee Stabile noted the Police Department has indicated that the stop lines are preferred so she agrees the Code should be amended. Therefore, a motion was offered by Trustee Crouse, seconded by Trustee Kinney, to authorize Attorney Golden to draft a local law and to schedule a public hearing for September 10, 2008 at 7:30PM to entertain public comment on an amendment of Chapter 269 of the Village Code to require stop lines be installed on street to be offered for dedication to the Village.
ADOPTED AYES 4 Berean-Weeks, Crouse, Kinney, Stabile
NOES 0
d. Discussion - Public Assembly Local Law:
The latest draft local law for Public Assembly was reviewed by the Board at length. Suggestions and amendments were made to the draft which resulted in a motion being offered by Trustee Kinney, seconded by Trustee Crouse, to schedule a public hearing for September 23, 2008 at 7:30PM to entertain public comment on the a proposed local law to enact a new Chapter 243 of the Village Code entitled “Outdoor Public Assembly”.
ADOPTED AYES 4 Berean-Weeks, Crouse, Kinney, Stabile
NOES 0
e. Establish Time-Line – Comprehensive Plan:
Planner Turner explained the process that has been followed by the Comprehensive Plan Committee to date. He explained that the following needs to be done by the Board to proceed: complete the SEQR process (assume lead agency, complete and accept the final environmental impact statement and adopt findings), conduct a public hearing on the comprehensive plan and then consider adopting the plan as recommended or as modified. Motion was then offered by Trustee Kinney, seconded by Trustee Crouse, to assume Lead Agency for the creation/adoption of a Comprehensive Plan, since the Town Board of the Town of Woodbury no longer possesses approval authority and is no longer an interested party in this matter.
ADOPTED AYES 4 Berean-Weeks, Crouse, Kinney, Stabile
NOES 0
Planner Turner then stated the next appropriate step would be for the Board to review the Draft Final Environmental Impact Statement (FEIS), as prepared by the Town Board. Trustee Kinney stated he agrees and he also feels the Board should start reviewing and discussing the draft comprehensive plan. Trustee Crouse thanked all the members of the Comprehensive Plan Committee for their hard work and Trustee Kinney singled out George Sewitt for his work on the committee. A motion was then offered by Mayor Berean-Weeks, seconded by Trustee Crouse, to schedule a special meeting for September 25, 2008 at 6PM. The Comprehensive Plan Committee will be invited to attend.
ADOPTED AYES 4 Berean-Weeks, Crouse, Kinney, Stabile
NOES 0
III. New Business:
a. Request for Road Improvement District – Sunny Lane:
Rachel Freier, Attorney representing seven property owners on Sunny Lane, stated her clients were unaware the residences were considered “seasonal dwellings” (it is not stated on the title/deed) when they purchased them and have now been issued violations for living there year-round. She has conducted a lot of research into this issue and met several times with Building Inspector Thomasberger to find out what needs to be done so that her clients can remain in their homes. One issue has already been satisfied with the Department of Health. The most costly issue is the improvements required to the road, which is currently private. She was informed that the road must be improved to meet the 1954 standards in order for the Village to consider acceptance of dedication. The cost to improve the road is great and she is requesting the Board to consider floating a bond for the residents of Sunny Lane and creating a road improvement district for the residents to pay it back. Mayor Berean-Weeks asked if all the residents of the street have agreed to this proposal. Mrs. Freier stated they have all agreed but noted that not all the residents reside there year-round and, therefore, not all residents have been issued violations. Attorney Golden stated he does not believe that a Village Board can float a bond for the improvements of a private street. Clerk Potvin noted that the Town has done so in the past (Ralph Lane/Cottonwood Court). Mayor Berean-Weeks noted that, even if the road is improved, it would not guarantee that the residences would be permitted to convert to year-round. Trustee Crouse added he does not believe there is enough room to improve the road to meet municipal standards (1950s or current). Superintendent Stabile stated he would be willing to meet with the residents of the street to advise them what would be needed to meet municipal standards. Attorney Golden stated he would research the law to see if a road improvement district is possible. Building Inspector Thomasberger would also be contacted for his input.
b. Request to Expand Water #6 Area – Pine Ridge Estates:
Nickitas Panayotou, representing his client for Pine Ridge Estates, informed the Board of the plan to construct a six-lot subdivision on Schunnemunk Road, which is adjacent to the boundaries of the Water #6 (Amdur Park) area. His client has decided the properties would be more valuable to have municipal water and would like to see if the Board would be open to consider extending the water area. His client may be willing to construct an additional well, on Village property, that would supply additional capacity to the Water 6 area. Superintendent McClennan stated the Health Department would need to be consulted. He also does not believe that the area would be able to yield any additional capacity. Mr. Panayotou stated his client would like to know if the Board would be interested in entertaining the idea prior to him spending the money to conduct the research and create the plans. Trustee Crouse stated he is familiar with this subdivision from attending the Planning Board meetings and he thought the approvals were granted based on individual wells. Mr. Panayotou stated they were but his client is willing to apply for an amended resolution if the Village Board is inclined to consider his request. Attorney Golden stated there would be a need to prove that extending the area would be a benefit to all that reside in it. Mayor Berean-Weeks asked Clerk Potvin to discuss this issue with Engineer Lindsay and report back to the Board.
EXTRA ITEM – Closing of Escrow Accounts:
Motion was offered by Mayor Berean-Weeks, seconded by Trustee Stabile, to close and return the following escrow accounts, as recommended by Engineer Lindsay and Building Inspector Thomasberger:
Escrow Account Applicant/Purpose
Performance Escrow 153 Exxon Landscaping Bond
Site Escrow 039 Rivervale
Site Escrow 053 Oakland Avenue
Site Escrow 066 Woodbury Heights
Site Escrow 125 Arden Tower
Site Escrow 169 MW School District
Site Escrow 199 Sprint Nextel Corp
Site Escrow 207 Entergy Tower
Site Escrow 214 Brinker Restaurant Corp
Site Escrow 215 Wendy’s
Site Escrow 217 Verizon Wireless
Site Escrow 223 Brinker Restaurant Corp
Site Escrow 230 FGB Shop Center
Site Escrow 231 HBP Traffic Light
Site Escrow 250 FBG Shop Center
Site Escrow 259 Cherry Valley
Site Escrow 271 Cosimo’s Brick Oven
ADOPTED AYES 4 Berean-Weeks, Crouse, Kinney, Stabile
NOES 0
IV. Board Members/Consultant Comments
Trustee Kinney stated he has made contact with the web designers and now has the capabilities to post the minutes and agenda to the website. He also corrected some inaccuracies.
Trustee Stabile stated she met with the Homeowners Association for Brigadoon last week and they were enlightened to what they will be responsible for if and when the roads are accepted for dedication to the Village. She also purchased the audio cart for the equipment. It is different from the one originally decided on because that one was no longer available.
Mayor Berean-Weeks stated the property maintenance proposals that have been discussed over the past several meetings is no longer valid since the season is coming to an end. She noted, and thanked, the volunteer firemen who laid the mulch last evening and have been trimming the hedges. Chief Prozzillo stated the volunteer firemen have offered to continue trimming the hedges and maintaining the mulch but cannot mow the lawn or conduct the maintenance of the retaining wall, which is in desperate need of attention and should be done once every two or three years. Mayor Berean-Weeks stated she spoke with Supervisor Burke to see if the Buildings/Grounds Department could mow and was told that they were currently involved with the CV Pond. Attorney Golden noted that the insurance broker should be made aware that the volunteer firemen are doing yard work for the Village. Clerk Potvin stated the insurance broker receives a copy of the minutes regularly. Trustee Stabile will then prepare a proposal that will include 2008/2009 for the maintenance of the retaining wall, mowing of the lawn and spring/fall clean-up. Mayor Berean-Weeks then asked Chief Prozzillo if he received any quotes for the indoor painting of the building. Chief Prozzillo stated he was unaware that he was asked to do this but he will for the next meeting. Mayor Berean-Weeks then stated the video equipment for the taping of meetings has been purchased but has yet to be used. Trustee Kinney stated money has been budgeted for an individual to record the meetings. After further discuss, a motion was then offered by Trustee Kinney, seconded by Trustee Crouse, to authorize the Clerk to advertise on the local public access channel for an individual to act as an independent contractor for the purposes of videotaping the Village Board meetings at a rate of $50 per meeting.
ADOPTED AYES 4 Berean-Weeks, Crouse, Kinney, Stabile
NOES 0
Superintendent Stabile notified the Board that FEMA has approved the Pre-Disaster Mitigation Plan that was submitted and a resolution will need to be passed by the Board soon regarding its enactment.
V. Public Comment:
Nickitas Panayotou stated he also represents the developers of Site A of the ICC project in Harriman. He asked if the DEIS and the FEIS for the comprehensive plan are available for review by the public. He was told they are available in the Clerk’s office. He then asked if the Village will be enacting their plan before or after the County does theirs. Attorney Golden stated there has been no decision made at this point so there is no way to answer the question.
John Smith asked if the stop lines are going to be required on all roads that currently have stop signs. Attorney Golden stated the law would make it mandatory for all future roads intended to be offered for dedication. Mr. Smith then suggested the Board spray some chemicals on the retaining wall to help stop the vegetation growth.
Jan Palaggi asked if the proposed Outdoor Public Assembly law would require Woodbury Community Day, Ambulance Family Fun day, school sporting events, and other like events to obtain a permit. Trustee Crouse stated those type of events would be exempt including religious sponsored events. Mr. Palaggi stated she believes the law will be hard to enforce.
10:05PM – Attorney/Client Session:
The Board entered into an attorney/client session to seek legal advice.
10:45PM – Return to Open Session:
EXTRA ITEM – Acceptance/Receipt of Bids – Fire Truck:
Clerk Potvin stated a bid opening was held this afternoon at 3:30PM for the purchase of a brush truck for the Fire Department. Only one bid was received and it was from HarRob Fire Apparatus, 519 Liberty Street, Syracuse, in the amount of $116,900. A motion was offered by Trustee Kinney, seconded by Trustee Stabile, to accept the bid received from HarRob Fire Apparatus for the purchase of a brush truck for the Fire Department at a cost of $116,900, without the bidders clarifications, and authorized/directed the Clerk/Treasurer to expend from the Equipment and Apparatus Capital Reserve Fund said amount, subject to the mandatory thirty day waiting period, pursuant to General Municipal Law Section 6-c.
ADOPTED AYES 4 Berean-Weeks, Crouse, Kinney, Stabile
NOES 0
VI. Adjournment:
With no further business to discuss or comments received, a motion was offered by Trustee Kinney, seconded by Mayor Berean-Weeks, to adjourn the meeting at 10:55PM.
ADOPTED AYES 4 Berean-Weeks, Crouse, Kinney, Stabile
NOES 0
Desiree Potvin, Village Clerk