Regular Town Board and Water Board Meeting

REGULAR TOWN BOARD AND WATER BOARD MEETING

WED., JULY 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, Comptroller Reis

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 Public Hearing regarding the Proposed Local Law Adoption of Multichannel Service Provider Regulatory Local Law (MCS Law), the Public Hearing regarding the Orange County Community Development Grant Application FY-00, and the Regular Town Board and Water Board Meeting all held on June 2, 1999, and the Special Town Board and Water Board Meeting held on June 15, 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 AyesMotion Carried: 5-0

UNFINISHED BUSINESS

NONE

HIGHWAY DEPARTMENT

#2 On Agenda – Motion-Appointment of Hearing Officer – Disciplinary Hearing

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

IT IS HEREBY RESOLVED that pursuant to Civil Service Law, Section 75, the Town Board of the Town of New Windsor hereby authorizes the Town Supervisor to appoint a hearing officer to hear all charges preferred by the Highway Superintendent of the Town of New Windsor against one of its Highway employees and to make recommendations for disciplinary action to the Town Board; A hearing will be held on the 22nd day of July, 1999 at 10:00 a.m. in the Courtroom at the New Windsor Town Hall, 555 Union Avenue, New Windsor, New York, or on such date as the parties may agree.

IT IS FURTHER RESOLVED that the hearing officer shall be paid the sum of ONE HUNDRED ($100.00) DOLLARS per hour for services rendered.

Roll Call: All AyesMotion Carried: 5-0

#3 On Agenda – Motion-Dedication of Roads-Park Road, Ashley Drive and Alfonsa

Court Grove Homes

Motion by Councilwoman Mullarkey, seconded by Councilman Finnegan that the Town Board of the Town of New Windsor accept the roadways herein known as P/O PARK ROAD, ASHLEY DRIVE and ALFONSA COURT in the GROVE HOMES

REGULAR TOWN BOARD AND WATER BOARD MEETING

WED., JULY 7, 1999: 7:30 P.M. SHEET 2

SUBDIVISION in the Town of New Windsor as public roadways and incident to such dedication:

(1)File a Decision and Judgment of the Supreme Court dated August 21,

1997;

(2)Accept two deeds dated March 15, 1999 from the COUNTY OF ORANGE to the TOWN OF NEW WINDSOR, which deeds were recorded in the Orange County Clerk’s Office in Liber 5035 at pages 281 and 283 on April 13, 1999 and conveying P/O PARK ROAD, ASHLEY DRIVE and ALFONSA COURT; and

(3)Accept Title Insurance dated April 13, 1999 from Hardenburgh Abstract

Company of Orange County #RD 33-27427 in the sum of TEN THOUSAND ($10,000.00) DOLLARS naming the Town of New Windsor as party insured; and

(4)Accept Dedication of P/O PARK ROAD, ASHLEY DRIVE and ALFONSA COURT as authorized by Deputy Town Highway Superintendent Albert W. Conley; and

(5)Authorize the execution of a Town Board Consent instrument; and

(6)The Engineer for the Town be directed to add the roadways to the Official Town Roadways Map.

Roll Call: All AyesMotion Carried: 5-0

#4 On Agenda – Motion-Dedication of Roads-Red Maple Way, Old Hemlock Drive,

Windsor Woods Section 1 (Blossom Heights Subdivision)

Motion by Councilwoman Townsend, seconded by Councilman Green that the Town Board of the Town of New Windsor accept the roadways herein known as RED MAPLE WAY and OLD HEMLOCK DRIVE in the WINDSOR WOODS SECTION 1 SUBDIVISION in the Town of New Windsor as a public roadway in the Town of New Windsor and incident to such dedication:

(1)File an Order of the Town Highway Superintendent;

(2)Accept Dedication of RED MAPLE WAY and OLD HEMLOCK

DRIVE, plus drainage easements adjacent to the road;

(3)Authorize the execution of a Town Board Consent instrument with the

Consent of the Engineer for the Town affixed thereto;

(4)Accept a Deed dated the 1st day of July, 1999 from Saul Silverman, Vice

President of Windsor Woods, Inc. to the TOWN OF NEW WINDSOR, which deed shall be without liens and with taxes paid, and accepted by the Town Board, executed by the Supervisor and returned to the Attorney’s Office for recording in the Orange County Clerk’s Office, which deed provides for the conveyance of Red Maple Way and Old Hemlock Drive;

(5)Accept a Deed dated the 1st day of July, 1999 from Saul Silverman, Vice

REGULAR TOWN BOARD AND WATER BOARD MEETING

WED., JULY 7, 1999; 7:30 P.M. SHEET 3

Office for recording in the Orange County Clerk’s Office, which deed provides for the road widening of Riley Road in conjunction with the dedication of Red Maple Way and Old Hemlock Drive;

(6)Accept a Title Policy #0-170693 dated July 1, 1999 from Kar-Vin

Abstract Corp. #971357 in the sum of TEN THOUSAND ($10,000.00) DOLLARS naming the Town of New Windsor as party insured;

(7)Accept a Maintenance Bond No. GA-6079698 in the amount of $32,000.00, Dated June 17, 1999, expiring June 17, 2000, which represents 10% of the original Performance Bond as recommended by the Engineer for the Town. The Maintenance Bond will be held by the Town of New Windsor for a period of one (1) year;

(8)In consideration of the receipt of the Maintenance Bond as aforesaid, the

Surety company be released from any liability under the subdivision or performance bond;

(9)The Engineer for the Town be directed to add the roadways to the Official

Town Roadways Map.

(10)The above is subject to a closing to be held at the Office of the Attorney

for the Town.

Roll Call: All AyesMotion Carried: 5-0

#5 On Agenda – Receive and File-Deed-Park Road Subdivision Roadways

Section 58, Block 7, Lot 1

Hearing no objections, the Town Board of the Town of New Windsor receive and file a deed dated March 15, 1999 from County of Orange to Town of New Windsor and recorded in the Orange County Clerk’s Office in liber 5035 at page 281 on April 13, 1999.

#6 On Agenda – Receive and File-Deed-Park Road Subdivision Roadways

Section 58, Block 1, Lot 17.221 Park Road and Ashley Drive

Hearing no objections, the Town Board of the Town of New Windsor receive and file a deed dated March 15, 1999 from County of Orange to Town of New Windsor and recorded in the Orange County Clerk’s office in liber 5035 at page 283 on April 13, 1999.

#7 On Agenda – Motion-Authorization for Trading of Vehicles w/ City of Newburgh

Motion by Councilman Finnegan, seconded by Councilwoman Mullarkey that the Town Board of the Town of New Windsor authorize a trade of vehicles between the TOWN OF NEW WINDSOR and the CITY OF NEWBURGH, whereby the TOWN OF NEW WINDSOR will transfer title to three (3) used vehicles to the CITY OF NEWBURGH, and the CITY OF NEWBURGH will transfer one (1) used bucket truck to the TOWN OF NEW WINDSOR; the fair market value for the traded vehicle having been established by the Deputy Highway Superintendent in the range of $5,000.00 - $5,500.00 for each municipality as specified in the attachment marked #1.

Roll Call: All AyesMotion Carried: 5-0

WATER DEPARTMENT

REGULAR TOWN BOARD AND WATER BOARD MEETING

WED., JULY 7, 1999; 7:30 P.M. SHEET 4

#8 On Agenda – Motion-Authorize Change Order – WD#9 Booster Pumping Station

Motion by Councilman Green, seconded by Councilwoman Townsend that the Town Board of the Town of New Windsor authorize a change order in the amount not to exceed $22,000.00 to install a connection between both wet wells #1 & #2 and the booster pumping station. As per the recommendation of McGoey, Hauser & Edsall Consulting Engineers, P.C. under the date of June 17, 1999.

Roll Call: All AyesMotion Carried: 5-0

#9 On Agenda – Receive and File-Access & Utility Easement-Kartiganer Family Ltd.

Partnership-Brown’s Pond Emergency Water Line – NWCWD

Hearing no objections, the Town Board of the Town of New Windsor receive and file an Access and Utility Easement dated August 31, 1998 from Kartiganer Family Ltd. Partnership to Town of New Windsor in connection with construction of the Brown’s Pond Emergency Water Line for the Consolidated Water District, which was recorded in the Orange County Clerk’s Office in Liber 5033 at page 85 on April 9, 1999.

#10 On Agenda – Receive and File-Outside User Agreement-Clark, Stephen M.

Section 5, Block 1, Lot 2

Hearing no objections, the Town Board of the Town of New Windsor receive and file an Outside User Agreement for Water District #6 from Stephen M. Clark, 683 Little Britain Road, New Windsor, New York for tax lot Section 5 – Block 1 – Lot 2.

SANITATION DEPARTMENT

#11 On Agenda – Receive and File-Modification P00016 to Contract N62470-99-C-3629

Hearing no objections, the Town Board of the Town of New Windsor receive and file Modification P00016 to Contract N62470-99-C-3629 dated June 8, 1999 between United States of America and Town of New Windsor, the reason for the modification is the addition of sewage service (Article 11, Paragraph 12, Multiple Service Locations clause and designation of paying office).

#12 On Agenda – Receive and File-Summons

Hearing no objections, the Town Board of the Town of New Windsor receive and file with the Town Clerk a Summons regarding Robert and Lucianna Chewens against the Town of new Windsor and CAMO Pollution Control, Inc. Same being referred to the Attorney for the Town.

#13 On Agenda – Motion-Authorizing Supervisor to Execute Agreements Moodna Creek

Development, Ltd. to TNW Sewer Capacity Allocation – USMC-

USAR

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

Authorizing the Town Supervisor to execute an Agreement between MOODNA CREEK DEVELOPMENT, LTD. to TOWN OF NEW WINDSOR for the purchase of 158,000 gpd sewage capacity on behalf of the USAR and USMC at the agreed-upon purchase price of $3.75 per gallon, for a total purchase price of $592,500.00, subject to a contract for reimbursement from the United States of America; and

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FURTHER authorizing the Town Comptroller to forward a contract down payment in the amount of ONE THOUSAND ($1,000.00) DOLLARS as called for in the agreement with Moodna Creek Development, Ltd.; and

FINALLY authorize the Town Supervisor to execute a Certificate of Allocation and Municipal Declaration with respect to the subject sewer capacity purchase and allocation.

Roll Call: All AyesMotion Carried: 5-0

#14 On Agenda – Motion-Authorize Supervisor to Execute Proposal-STAS Sewage

Treatment Plant Pump Station – Asbestos Issue

Motion by Councilman Green, seconded by Councilwoman Townsend that the Town Board of the Town of New Windsor authorize the Supervisor to execute a proposal from Testwell Laboratories for consulting services required to inspect, report and prepare specifications for the removal of asbestos found in the STAS Sewage Treatment Plant Pump Station. Cost not to exceed $6,696.00, and shall be reimbursed from the United States Department of Navy.

Roll Call: All AyesMotion Carried: 5-0

#15 On Agenda – Receive and File-Right of Entry Agreement No. DACA51-9-99-116

Sewage Pumping Station at STAS

Hearing no objections, the Town Board of the Town of new Windsor receive and file a RIGHT OF ENTRY NO. DACA51-9-99-116 dated June 1, 1999 between DEPARTMENT OF THE ARMY and TOWN OF NEW WINDSOR for proposed improvements to the existing government –owned sewage pumping station and construction of force main and associated appurtenances.

GENERAL

#16 On Agenda – Motion-Sale of parcel to Stellwag Section 3, Block 1, Lot 18 &19

Strip of Land-Silver Stream Road

Motion by Councilwoman Townsend, Seconded by Councilman Green that the Town Board of the Town of New Windsor adopt the following Resolution with respect to the sale of Town of New Windsor property known as p/o Silver Stream Road in the Town of New Windsor.

WHEREAS, the Town of New Windsor has received a request from Helen F. Stellwag for the purchase of a portion of Silver Stream Road which is owned by the Town of New Windsor, known as tax map Section 3, Block 1, Lot 18 & 19; and

WHEREAS, negotiations have been held between the Attorney for the Town and Helen F. Stellwag and a sale price has been arrived at in the amount of FIFTEEN HUNDRED ($1,500.00) DOLLARS with the approval of the Town Assessor; and provided also that the Purchaser shall pay all survey, engineering and Planning Board fees; and

WHEREAS, the members of the Town Board of the Town of New Windsor, have considered the proposed purchase price and deem it fair and reasonable; and

WHEREAS, a contract was executed which is dated the 20th day of May, 1999; and

NOW, THEREFORE, BE IT

REGULAR TOWN BOARD AND WATER BOARD MEETING

WED., JULY 7, 1999; 7:30 P.M. SHEET 6

RESOLVED, that the Town Supervisor of the Town of New Windsor be and hereby is authorized to execute a Bargain and Sale Deed to transfer property identified as a portion of Section 3- Block 1 – Lot 18 & 19, pursuant to a survey description prepared by William Hildreth, L.S. dated 2, 1999 from the Town of New Windsor to Helen F. Stellwag for the purchase price of FIFTEEN HUNDRED ($1,500.00) DOLLARS.

BE IT FURTHER RESOLVED that this Resolution is subject to a 30 day permissive referendum.

Roll Call: All AyesMotion Carried: 5-0

#17 On Agenda – Motion-Termination of Restrictive Covenant-Summit on Hudson

A/K/A Plum Point A/K/A Kanaje Corporation

Motion by Councilman Finnegan, seconded by Councilwoman Mullarkey that the Town Board of the Town of New Windsor authorize the Town Supervisor to execute a termination of Restrictive Covenant and related instruments which authorize the Town of New Windsor to release a certain Restrictive Covenant in favor of the Town of New Windsor recorded on June 5, 1975 in Liber 2008 at page 1082, for the consideration of FIFTY THOUSAND ($50,000.00) DOLLARS to be paid EIGHT THOUSAND ($8,000.00) DOLLARS at the time on the execution of the agreement, and THIRTY-FIVE HUNDRED ($3,500.00) DOLLARS at the time of the issuance of the Certificate of Occupancy for each of the twelve (12) condominium units in the main house (mansion) at Summit on Hudson, New Windsor, New York.

Roll Call: All AyesMotion Carried: 5-0

#18 On Agenda – Motion-Authorize Supervisor to Execute Letter of Intent Disposition of

Stewart Army Subpost Property

Motion by Councilwoman Townsend, seconded by Councilwoman Mullarkey that the Town Board of the Town of New Windsor adopt a Resolution authorizing the Town Supervisor to sign a Letter of Intent for the Town of New Windsor to enter into a lease for the Stewart Army Subpost, provided that the Letter of Intent require a lease of 99 years and a payment to the Town of New Windsor of no less that FIVE MILLION ($5,000,000.00) DOLLARS over the next fifteen (15 years; and

Further provided that the Letter of Intent shall be subject to a full Lease and GEIS, to be negotiated and accomplished as soon as possible; and

FINALLY provided the Letter of Intent and Lease be subject to receipt of the Deed for the parcel from the United States Government in acceptable form.

Roll Call: All AyesMotion Carried: 5-0

#19 On Agenda – Motion-Renaming of Streets at Stewart Army Subpost Vietnam Vets

from New Windsor Killed in Action

Motion by Councilwoman Mullarkey, seconded by Councilman Finnegan that the Town Board of the Town of New Windsor authorize the Town Supervisor to rename certain streets at Stewart Army Subpost to honor New Windsor residents killed in action in the Vietnam War, based on information provided by the American Legion Post #1796 in June 1999, as such street may be laid out and accepted for dedication by the Town Highway Superintendent, Engineer for the Town, and Attorney for the Town:

REGULAR TOWN BOARD AND WATER BOARD MEETING

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NAME:DATE KILLED IN ACTION:

LtCM Nicholas G. Brooks01/02/70

SGT Anthony E. Reed03/04/68

PFC Frank V. Raz11/18/67

Roll Call: All AyesMotion Carried: 5-0

#20 On Agenda – Motion-Renaming of Streets at Stewart Army Subpost Recognition

of International Trade/Economic Development

Motion by Councilman Green, seconded by Councilwoman Townsend that the Town Board of the Town of New Windsor authorize the Town Supervisor to rename certain streets at Stewart Army Subpost in recognition of International Trade and Economic Development, Economic Development being the purpose for which the special legislation conveying Stewart Army Subpost to the Town of New Windsor was signed by the President on October 17, 1998, as such may be laid out and accepted for dedication by the Town Highway Superintendent, Engineer for the Town, and Attorney for the Town:

International Blvd. Or International Trade Blvd.:

American Way and such continents, countries,

cities, regions or places as may be appropriate.

Roll Call: All AyesMotion Carried: 5-0

#21 On Agenda – Motion-Authorize Supervisor to Execute Modification P00017

Contract N62470-99-C-3629 Department of Navy

Motion by Councilman Finnegan, seconded by Councilwoman Mullarkey that the Town Board of the Town of New Windsor authorize the Supervisor to execute Modification #P00017 to Contract N62470-99-C-3629 as prepared by the Department of the Navy, Atlantic Division, Naval Facilities Engineering Command, 1510 Gilbert Street, Norfolk, Virginia 23511-2699 (Ref. #11345-0214C), pertaining to the construction of necessary utility improvements for the Marines and Army Reserves at the Stewart Army Subpost, subject to acceptance by the Engineer for the Town of the specific costs set forth in the contract modification.

Roll Call: All AyesMotion Carried: 5-0

#22 On Agenda – Receive and File-Draft Determination and Report of Excess

Divestiture of Stewart Army Subpost July 1999