Village Board Minutes February 24, 2009 Minutes of the Village Board Meeting held at the HM Firehouse, 455 Route 32, Highland Mills, New York on February 24, 2009 at 7:30PM

Present: Stephanie Berean‐Weeks, Mayor

Motion was offered by Trustee Crouse, seconded by Mayor Berean‐Weeks, to accept the minutes of the February 10, 2009 meeting.

ADOPTED AYES 3 Berean‐Weeks, Crouse, Stabile

Motion was offered by Mayor Berean‐Weeks, seconded by Trustee Stabile, to approve Abstract 17, Vouchers #20081224 ‐ #20081256, totaling $37,908.64.

ADOPTED AYES 3 Berean‐Weeks, Crouse, Stabile

Clerk Potvin stated the notice announcing the bid opening was printed in the Times Herald Record on February 4, 2009 and the bid opening was held this afternoon at 3:30PM. There were no bids received. Attorney Golden suggested Marshall & Sterling be contacted too see if the insurance requirements are too high, which may be the reason for the lack of bids. Additionally, since no bids were received, he suggested the current provider be contacted. Mayor Berean‐Weeks asked Clerk Potvin to contact the two entities regarding the above.

Attorney Golden stated he sent the Board a copy of the report to Governor David Patterson prepared by the Commission on Metropolitan Transportation Authority (MTA) Financing (known as the Ravitch Report). After further discussion, a motion was offered by Trustee Stabile, seconded by Mayor Berean‐Weeks, to adopt the following resolution:

WHEREAS, the Ravitch Commission has proposed tolls on East River bridges, a more modest fare increase and the creation of a new "mobility tax" to be applied in all twelve counties in the MTA region. Conceived as an excise tax to be imposed on all employers (and self‐employed individuals), the tax will be equal to one third of one percent of all wages paid (measured by the current FICA tax base); and

ADOPTED AYES 3 Berean‐Weeks, Crouse, Stabile

Clerk Potvin was asked to send a copy of the resolution to Governor Patterson, Assemblywoman Calhoun, Senator Larkin, Assembly Speaker Silver, Senate Majority Leader Smith, County Executive Diana and County Legislator Chairperson Donnery. Mayor Berean‐Weeks stated there is a public hearing scheduled for March 2, 2009 at the Hilton in Newburgh from 6PM – 9PM.

Engineer Lindsay stated the Planning Board adopted a resolution approving a special permit, with conditions, for the conversion of one dwelling in Raananah Park to year‐round use pursuant to Section 310‐26 of the Code. One condition states that access to this dwelling must be by roads suitably improved to the satisfaction of the Village Board. He conducted a physical inspection this afternoon with Inspector Thomasberger and also has received correspondence from Raananah Park about the history of the roads. He believes that an ESO vehicle can maneuver the roads but feels that a fire truck should be sent up there to be certain. Mayor Berean‐Weeks asked Engineer Lindsay to contact Chief Prozzillo for this to be done. Engineer Lindsay stated he will have a report prepared for the Boards review at their next meeting.

Attorney Golden presented to the Board specifications that were discussed at the last meeting. Motion was offered by Mayor Berean‐Weeks, seconded by Trustee Stabile, to authorize the Village Clerk to advertise for bids for the maintenance and testing of the HVAC system, subject to the insurance recommendation from Marshall & Sterling.

ADOPTED AYES 3 Berean‐Weeks, Crouse, Stabile

ADOPTED AYES 3 Berean‐Weeks, Crouse, Stabile

Engineer Lindsay stated the Woodbury Heights Estates Water Company has begun testing for the drilling of three additional wells (one new one and two to replace the two existing wells). The location of the third one is by the storage tank. They starting test pumping on Monday at 100gpm and increased it to 150gpm today. They will run it at this rate for the next seventy‐two hours then begin testing the other two sites. There is adequate water there for Country Crossing but they are trying to obtain additionally capacity for other properties in and outside the Village, which is prohibited pursuant to the Village Code. At this time there is no application before the Village Board since they are still in the exploratory stage. Once they are ready to proceed, they would need to follow the SEQRA process. Trustee Crouse stated he would like a copy of the Village Code sent to the DEC regarding the prohibition Village Board Minutes February 24, 2009

to remove water from Village boundaries. Engineer Lindsay suggested the Code be transmitted once the application process is started since it may be routed to the incorrect area at this time. Trustee Crouse then stated he hopes the residents of Country Crossings will continue to receive the same water quality and pressure they are receiving now. Engineer Lindsay stated he will continue to monitor the process. Attorney Golden explained that the Code does permit the Board to enter into an inter‐municipal agreement to export water but not with a private company/citizen. Mayor Berean‐Weeks stated she feels that our natural resources should remain in our Village and not be exported.

Mayor Berean‐Weeks stated she received correspondence from Assemblywoman Calhoun regarding round three of Restore New York’s Communities Initiative grants. This program encourages economic development and neighborhood growth by providing federal assistance for revitalization of commercial and residential properties. Villages may apply to the Empire State Development Corporation to obtain Restore NY funding for vacant, abandoned, surplus or condemned commercial and/or residential buildings within their control, which, as a result of an assessment by the Town, are in need of demolition, deconstruction, rehabilitation or reconstruction. She believes this is an area that the Village Board should look into. She also announced that there is a Citizen Advisory Committee (CAC) meeting scheduled for February 26 at Town Hall. This will be the last meeting where a suggestion will be made for the reconstruction of the Route 32/17/87 corridor.

Ted Jones asked if the County has taken a position on the proposed mobility tax for the MTA. Mayor Berean‐Weeks stated she was unsure but the Orange County Association of Towns, Cities and Villages have and Chester Town Supervisor Stephen Neuhaus is very actively campaigning against the proposal on behalf of that organization.

Jonathan Swiller stated he believes the previous owner of the Country Crossings water supply said he would donate the water system to the Town. He also heard that the new owner was entertaining the idea of providing water to properties in and out of the Village and would then donate the system to the Village. Mayor Berean‐Weeks stated there are been no such offer made to the Village Board. Engineer Lindsay stated the Code requires that an offer of dedication be made and one was made without intent before the Town Board. Nothing further has been received.

Maria Hunter asked if the maintenance/testing of the sprinkler system would be let out again once the insurance issue is researched. She then stated the discussion regarding the insurance requirements in the specifications was confusing to the public. Attorney Golden explained that the insurance company is consulted to determine what their recommendation is for a minimum insurance requirement on all projects. Noting the outdoor maintenance bid, the recommendation was originally $5 million and was then reduced to $1 million since no provider would meet that high requirement. Mrs. Hunter then stated she believes Town owned property needs to be traversed in order access the Village Board Minutes February 24, 2009

water tower. Engineer Lindsay stated some of the property is Town‐owned open space but some is owned by the private water company. Mayor Berean‐Weeks added that Town Board, with Trustee Crouse and Inspector Thomasberger, conducted a site visit of the area several months ago to ensure trespassing was not occurring. Engineer Lindsay stated a survey of the area was submitted as well.

With no further business received or business to discuss, a motion was offered by Mayor Berean‐Weeks, seconded by Trustee Crouse, to adjourn the meeting at 8:15PM.

ADOPTED AYES 3 Berean‐Weeks, Crouse, Stabile