Regular Town Board and Water Board Meeting

REGULAR TOWN BOARD AND WATER BOARD MEETING WED., APRIL 7, 1999; 7:30 P.M. NEW WINDSOR TOWN HALL NEW WINDSOR, NEW YORK

BOARD MEMBERS PRESENT: Supervisor Meyers, Councilman Finnegan, Councilwoman Mullarkey, Councilwoman Townsend, Councilman Green

OTHER OFFICIALS PRESENT: Police Chief Koury, Town Attorney Crotty, Comptroller Reis, Highway Superintendent Pullar, Building Inspector Babcock

Supervisor Meyers called to order the Regular Town Board and Water Board Meeting and presided over same.

#1 On Agenda – MINUTES

Motion by Councilman Finnegan, seconded by Councilwoman Mullarkey that the Town Board of the Town of New Windsor approve the Minutes of the Regular Town Board and Water Board Meeting held on March 3, 1999, as per the copies posted on the Town Clerk’s bulletin board in the Town Hall and same distributed to each of the Town Board Members. Roll Call: All Ayes Motion Carried: 5-0

UNFINISHED BUSINESS

HIGHWAY DEPARTMENT

WATER DEPARTMENT

#2 On Agenda – Motion-Authorize Water Holding Tank(s) Inspection-Riley Road Filtration Plant

Motion by Councilman Green, seconded by Councilwoman Townsend that the Town Board of the Town of New Windsor authorize Integrated Technologies, Inc., 6 Mill Lane, Waterford, Connecticut to perform an inspection of the water holding tanks at the Riley Road Filtration Plant. Cost not to exceed $3500.00. As per the recommendation of John Egitto, CAMO Pollution Control under the date of March 30, 1999 and Richard McGoey, Engineer for the Town. Roll Call: All Ayes Motion Carried: 5-0

#3 On Agenda – Motion-Authorize Change Order #2 DNM Hauling & Excavating WD #12 Mt. Airy Road

Motion by Councilwoman Mullarkey, seconded by Councilman Finnegan that the Town Board of the Town of New Windsor authorize Change Order #2 submitted by DNM Hauling & Excavating for additional pavement restoration work on Mt. Airy Road – Water District #12 project area. Net increase resulting from this change order is $256,598.05. Roll Call: All Ayes Motion Carried: 5-0

SANITATION DEPARTMENT 32

REGULAR TOWN BOARD AND WATER BOARD MEETING WED., APRIL 7, 1999; 7:30 P.M. SHEET 2

GENERAL

#4 On Agenda – Receive and File-Town Wide Drainage Easements-Phase 2B

Hearing no objection, the Town Board of the Town of New Windsor receive and file the following easements for Drainage in Phase 2B which were recorded in the Orange County Clerk’s Office on December 31, 1998:

Villafane, Rafael E. and Linda – 80-6-8 Liber 4950 at page 150;

#5 On Agenda – Receive and File-Deed-County of Orange to TNW Stone Arch Manor Road 55-1-19.216

Hearing no objection, the Town Board of the Town of New Windsor receive and file a Deed from the County of Orange to the Town of New Windsor, dated February 1, 1999 and recorded in the Orange County Clerk’s Office in Liber 4975 at page 230 on February 2, 1999. The deed is for the purchase of Stone Arch Manor Road.

#6 On Agenda – Receive and File-Town Wide Drainage Easement-Phase 2D

Hearing no objection, the Town Board of the Town of New Windsor receive and file the following easements for Drainage in Phase 2D which were recorded in the Orange County Clerk’s Office on December 28, 1998:

(1) Rohan, Frank and Stella – 47-1-61 Liber 4945 at page 163;

(2) Giordano, Dominick and Roxann – 47-1-60 Liber 4945 at page 157;

(3) MacGregor, Jane E. – 47-1-64 Liber 4945 at page 169;

#7 On Agenda – Motion-Authorization for Inspection & Report-Unsafe Building on Route 94 Near Riley Road (67-4-21)

Motion by Councilman Finnegan, seconded by Councilwoman Mullarkey that the Town Board of the Town of New Windsor adopt the following Resolution:

WHEREAS, the Town Board of the Town of New Windsor has been advised of the following unsafe building by report from the Engineer for the Town dated February 25, 1999:

Owner Address Section-Block-Lot

Moshil, Inc. 1144 Route 94 67-4-21 Moshe Friedman New Windsor, New York 12553 Mailing Address: P.O. Box 631 Highland Mills, New York 10930

NOW THEREFORE BE IT RESOLVED that the Town Building and Zoning Inspector and the Engineer for the Town are directed to prepare an inspection and report 33

REGULAR TOWN BOARD AND WATER BOARD MEETING WED., APRIL 7, 1999; 7:30 P.M. SHEET 3 to be submitted to the Town Board prior to the next Town Board meeting in accordance with the Town of New Windsor Unsafe Buildings Local Law Section 42-1. Roll Call: All Ayes Motion Carried: 5-0

#8 On Agenda – Motion-Accept Proposal-Rocky Lane Pavement Replacement

Motion by Councilwoman Townsend, seconded by Councilman Green that the Town Board of the Town of New Windsor accept the proposal, dated April 1, 1999, from DNM Hauling and Excavating Co., 5 Sicomac Road, North Haledon, New Jersey 07508 for pavement replacement on Rocky Lane. Cost not to exceed $10,400.00. Roll Call: All Ayes Motion Carried: 5-0

#9 On Agenda – Motion-Authorization to Advertise for Sealed Bids-Town Wide Drainage Project Phase 2D (Forrest Hill Road & Garden Drive) and Phase 2E (Lannis Avenue, St. Anne Drive and Willow Lane)

Motion by Councilwoman Mullarkey, seconded by Councilman Finnegan that the Town Board of the Town of New Windsor authorize the Town Clerk to advertise pursuant to law, calling for sealed bids for the Town Wide Drainage Project Phase 2D on Forrest Hill Road and Garden Drive and Phase 2E on Lannis Avenue, St. Anne Drive and Willow Lane, bid date to be determined by the Town Supervisor. The Town Board of the Town of New Windsor reserves the right to reject any and/or all bids. Roll Call: All Ayes Motion Carried: 5-0

#10 On Agenda – Motion-Authorize Supervisor to Execute Agreement Between TNW & County of Orange-SFY 1999/00 NY Statewide Mass Transportation Operating Assistance Program (Dial-A-Bus)

Motion by Councilman Green, seconded by Councilwoman Townsend that the Town Board of the Town of New Windsor authorize the Supervisor to execute an SFY 1999/00 NY Statewide Mass Transportation Operating Assistance Program Agreement between the Town of New Windsor and the County of Orange for the Dial-A-Bus Program. Roll Call: All Ayes Motion Carried: 5-0

#11 On Agenda – Motion-Authorization to Advertise Public Hearing-Proposed Repeal of L.L. #1-1983 Chapter 40-Taxicabs Local Law

Motion by Councilman Finnegan, seconded by Councilwoman Mullarkey that the Town Board of the Town of New Windsor authorize the Town Clerk to advertise pursuant to law, calling for a Public Hearing to consider the repeal of Local Law #1-1983 Chapter 40 entitled “Taxicabs” Local Law, said hearing to be held on the 5th day of May, 1999 at 7:30 P.M. in the Town Hall, 555 Union Avenue, New Windsor, New York. Roll Call: All Ayes Motion Carried: 5-0

#12 On Agenda – Motion-Authorize Issuance of Solicitors Permit

Motion by Councilwoman Townsend, seconded by Councilman Green that the Town Board of the Town of New Windsor authorize the issuance of a solicitors permit submitted by Wayne M. Orndorff d/b/a Curbside Café, 1010 Route 52, Walden, New York to sell food items at Automotive Brake, 508 Temple Hill Road, New Windsor, New York, from May 5th through September 29, 1999. Permit to be obtained from the Town Clerk’s office. Roll Call: All Ayes Motion Carried: 5-0 34

#13 On Agenda – Motion-Authorize Issuance of Solicitors Permit (Veteran)

Motion by Councilwoman Mullarkey, seconded by Councilman Finnegan that the Town Board of the Town of New Windsor authorize the issuance of a solicitors permit submitted by Robert J. Deitz, Sr., veteran, 23 Hoppensted Road, Wallkill, New York to sell food items at Jim Moroney’s Inc., 833 Union Avenue, New Windsor, New York. Permit fee to be waived. Roll Call: All Ayes Motion Carried: 5-0

#14 On Agenda – Motion-Authorize Supervisor to Execute Easement-Town Wide Drainage Project Phase 2D

Motion by Councilman Green, seconded by Councilwoman Townsend that the Town Board of the Town of New Windsor authorize the Supervisor to execute the following Easement for Drainage, phase 2D:

Lockwood, William R., William A., Scott W. and Paul M. to TNW 308 Quassaick Avenue, New Windsor, New York - 44-1-26

Roll Call: All Ayes Motion Carried: 5-0

#15 On Agenda – Motion-Waiver of Public Hearing-Condemnation Action-Town Wide Drainage Project Phase 2D

Motion by Councilman Finnegan, seconded by Councilwoman Mullarkey that the Town Board of the Town of New Windsor adopt the following Resolution:

WHEREAS, NYS Eminent Domain Law Section 206 provides for exemptions from compliance with the provisions of that Article under certain circumstances; and

WHEREAS, having been advised by an opinion of the Attorney for the Town based on the appraisal for the project as to the minimal damages involved with respect to the following parcel which is the subject of the condemnation action, that is:

Roach, James, Jr. and Bridget A. – 47-1-62 38 Garden Drive

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Windsor as condemnor, declare that in its opinion the necessary condemnation action is de minimis in nature under Eminent Domain Law Section 206(D); and

BE IT FURTHER RESOLVED that the Town Board of the Town of New Windsor determine to proceed with the condemnation but not hold a public hearing on the matter by reason of the aforesaid exemption; and

BE IT FURTHER RESOLVED that the Attorney for the Town be directed to proceed with court proceedings for acquiring title to the necessary easements and immediate possession under the Eminent Domain Law for the property of Roach. Roll Call: All Ayes Motion Carried: 5-0

#16 On Agenda – Motion-Authorize Supervisor to Enter into Contract-Sale of Portion of TNW Parcel on Silver Stream Road 3-1-18,19 35

Motion by Councilwoman Townsend, seconded by Councilman Green that the Town Board of the Town of New Windsor adopt the following Resolution:

WHEREAS, the Town of New Windsor is the owner of a strip of land along Silver Stream Road which is 0.253 (+/-) acre, bordering Tax Parcel Section 3 – Block 1 – Lot 18 & 19 which was acquired many years ago and is not needed as a public thoroughfare; and

WHEREAS, the adjoining property owner, Stellwag, has requested that the Town of New Windsor transfer the property to it to be merged with its property; and

WHEREAS, the Town of New Windsor is agreeable to transfer this parcel of property;

IT IS HEREBY RESOLVED, that the Supervisor be authorized to enter into a contract of sale with Helen F. Stellwag, for lands shown on a survey prepared by William Hildreth, L.S. provided that the sale shall be at fair market value of $1,500 established by the Assessor; the sale has been reviewed by the Highway Superintendent, the Planning Board Engineer, and the Engineer for the Town; the Town of New Windsor does not need the land for municipal purposes; the sale is subject to a permissive referendum; and the closing of title is to be held in the office of the Attorney for the Town with the purchaser paying all expenses including title insurance and recording and Planning Board fees. Roll Call: All Ayes Motion Carried: 5-0

#17 On Agenda – Motion-Authorizing Change Order #2 DNM Hauling and Excavating-Town Wide Drainage Project Phase 2C-Oxford Road/ MacNary Road

Motion by Councilman Green, seconded by Councilwoman Townsend that the Town Board of the Town of New Windsor authorize Change Order #2 submitted by DNM Hauling & Excavating for the paving of Oxford Road and MacNary Road, Town Wide Drainage Project – Phase 2C. Net increase resulting from this change order is $57,848.00. Roll Call: All Ayes Motion Carried: 5-0

#18 On Agenda – Motion-Adopt Proclamation – Walter C. Koury

Motion by Councilman Finnegan, seconded by Councilwoman Mullarkey that the Town Board of the Town of New Windsor adopt the following Proclamation:

WHEREAS, in 1984 WALTER KOURY was appointed Chief of Police in the New Windsor Police Department and;

WHEREAS, in his fifteen years of service as Police Chief, WALTER KOURY has shown the utmost in dedication and professionalism to the New Windsor Police Department and the residents of the Town of New Windsor and;

WHEREAS, in July 1996 under WALTER KOURY’S leadership, the New Windsor Police Department received New York State Accreditation, representing formal recognition from the State of New York that the New Windsor Police Department exceeds professional standards and expectations of quality in the field of law enforcement and;

WHEREAS, from 1997 to 1998 WALTER KOURY served as President of the Orange County Police Chief’s Association, clear recognition from his fellow Police Chiefs of his dedication and leadership in law enforcement and now be it; 36

RESOLVED, that the Town Board recognizes that in WALTER KOURY we have an outstanding citizen and Police Chief, one who is worthy of the esteem of all the citizens of New Windsor. A person whose dedication and leadership during the past fifteen years as Police Chief is deeply appreciated by all the citizens of New Windsor and;

BE IT FURTHER RESOLVED, that I, George J. Meyers, Supervisor of the Town of New Windsor on behalf of the Town Board, take great pleasure in presenting POLICE CHIEF WALTER C. KOURY this Proclamation. Roll Call: All Ayes Motion Carried: 5-0

Supervisor Meyers: We spoke a little bit before about Jimmy Cortiz and his contribution to the Town of New Windsor and the New Windsor Police Department, in particular, would not be forgotten by us. I’m sure years, years, and years from now that your contribution and Jeanne, I’ll say that once more, again years and years from now so that you have a little more time with him. Your contribution to this Police Department and to this Town will never be forgotten. I speak for the entire Board when I say, will never be forgotten by us, because as I often say to people, you are the New Windsor Police Department as far as I’m concerned. I deal with the Chief on a daily basis; he always has the best interest of his Department and the citizens in this Town in his heart and he lives and dies with this Police Department. That is why it is recognized as the finest Police Department in Orange County. I will say that in front of any crowd that we will match any Police Department with any County in this State and any place that you go and whatever business you’re in you trace that business back to its leader and this goes right back to your doorstep. I know that we honored you the other day with the Board and gave you a certificate for twenty five years of services to the Town and it certainly is noteworthy that fifteen of those years you’ve been Police Chief. I don’t think many Police Chiefs can say that and we are lucky to have you and we are very happy that you didn’t leave for that job that you thought you were going to leave on us and we hope that you spend many, many more years here. On a personal note, I would order for you to spend at least one more day here then I’m here and once I’m gone if you want to leave, then that’s okay.

#19 On Agenda – OFFICIALS REPORTS

The following reports were received, recorded and filed with the Town Clerk:

Town Justice Thorpe’s Report Month of Feb. 1999 Receiver of Taxes Report Month of Feb. 1999 Police Report Month of Feb. 1999 Recreation Report Month of March 1999 Receiver of Taxes Report Month of March 1999 Town Justice Thorpe’s Report Month of March 1999 Town Clerk’s Report Month of March 1999 Town Justice Suttlehan’s Report Month of March 1999 Building Department Report Month of March 1999 Receiver of Taxes Report (Monthly) Month of March 1999

#20 On Agenda – PUBLIC FORUM

Hearing no one wishing to speak, Supervisor Meyers entertained a motion to close the Public Forum portion of the Agenda.

Motion by Councilwoman Townsend, seconded by Councilman Green that the Town Board of the Town of New Windsor close the Public Forum portion of the meeting. Roll Call: All Ayes Motion Carried: 5-0 37

#21 On Agenda – ADJOURN

Motion by Councilwoman Mullarkey, seconded by Councilman Finnegan that the Town Board of the Town of New Windsor adjourn the Regular Town Board and Water Board Meeting at 7:52 P.M. Roll Call: All Ayes Motion Carried: 5-0

Respectfully submitted,

DOROTHY H. HANSEN TOWN CLERK

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