Supervisor Michael Sweeton Councilman Floyd DeAngelo Councilman Leonard DeBuck Absent Councilman James Gerstner Councilman Mickey Shuback

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1 October 13, 2011 The regular meeting of the Town Board of the Town of Warwick was held on Thursday, October 13, 2011 at the Town Hall, 132 Kings Highway, Town of Warwick. Supervisor Sweeton called the meeting to order at 7:35 p.m. ATTENDANCE: Supervisor Michael Sweeton Councilman Floyd DeAngelo Councilman Leonard DeBuck Absent Councilman James Gerstner Councilman Mickey Shuback Deputy Town Attorney, John Bollenbach Deputy DPW Commissioner, Benjamin Astorino Town Planner, Theodore Fink Police Sergeant, James Barnett Supervisor Sweeton We were supposed to begin with an unsafe building hearing this evening but when we instructed the attorney to serve the owner of the property he reached out to the attorney of record who indicated that his client would comply with the order of remedy issues. We had our inspectors go out there on Tuesday and he did comply with some but he did not comply with all. I instructed the attorney to serve the owner of the property Mr. Calandra and we are speaking of the property know as Castle Tavern, which is located on the East Shore of Greenwood Lake near the Town line at 8 Castle Court. To serve the owner due notice that the hearing will be conducted on the meeting of November 10 th at 7:30 p.m. and we ll see. If he doesn t show up at that point we will conclude the hearing and order the remaining items to be cleared. PRESENTATION: Jane Hamburger a resident of the Town of Warwick and the former Principal of the Pine Island Elementary School along with Judy Wilbur a resident of the Town of Warwick and a member of Community 2000 presented a piece of the Farm Aid Mural called The Beauty of Water to each of the Town of Warwick s Public Servant Agencies. Paul Caskey a resident of the Town of Warwick and a member of the Warwick Valley Central School District Board of Education along with Ray Bryant a resident of the Town of Warwick and the Superintendent of the Warwick Valley Central School District presented a check in the amount of $100,000 that was collected through donations and fundraising from the Warwick Farm Aid 2011 to Community 2000 who will then present it to our local farmers. Supervisor Sweeton I want to say on behalf of the Town Board and the community the response from all of the agencies during the storm was tremendous. I was there to be able to listen and hear what went on and it was incredible and the job they did between fire, ambulance and police, people will never know how hard they worked

2 PAGE#2 to keep everybody safe, so I think this was a great tribute Jane that you tied this in with Farm Aid and honored them for that. I think it was a great project; the mural had so many aspects to it that it s going on and on, that s great. To the organizers of Farm Aid to think in less then three or four weeks, whatever it was to raise $100,000 from this community, is amazing. You deserve a lot of credit and I know the farmers the ones that I ve talked to appreciate the effort and we know it s not going to solve the problem, but it does show them that everybody is behind them and hopefully it gives them enough incentive to go on because we need them; without them we re not the Town of Warwick, so thank you all. The Community 2000 which is a not-for-profit organization will accept donations for the farm community after this event, but the Farm Aid portion is closed. Ray Bryant Nancy Colgan is here tonight and we have the greatest FFA in the State of New York. If it wasn t a farm market other then Florida, which you covered that the young people and Nancy didn t cover or an event they didn t cover and they were instrumental in bringing not just this, but they were out competing through the coarse of the year based on our FFA for a chance to bring $5,000 to Community 2000 next spring. Nancy and her crew have done an exceptional job also. Supervisor Sweeton Great, Ray and I talked about this on the radio the FFA here in Warwick is so strong and it teaches more then just farming. It teaches leadership skills that we are going to need from young people going forward. Every time I went to one of these events with them they were smiling, so you re doing something great Nancy, thank you. Nancy Colgan Resident, Town of Warwick and FFA Leader for the Warwick Valley Central School District - Your welcome. ACCEPTANCE OF MINUTES: 1. Regular Meeting, 09/22/11 Motion Councilman DeAngelo, seconded Councilman Shuback to accept the minutes as written from the Regular Meeting held on August 11, Motion Carried (4 ayes, 0 nays & 1 absent Councilman DeBuck absent) CORRESPONDENCE: GLORIA MCANDREWS Village Clerk, Village of Florida, 33 South Main Street, PO Box 505, Florida, NY Letter of notification that the Board of Trustees of the Village of Florida will continue the public hearing originally held on August 10, 2011 to consider proposed amendments to Sec. 119 of the Village Zoning Law at the Village Hall, 33 South Main Street, Florida, New York, on October 12 th 2011, at 7:30 p.m., or as soon thereafter as the matter can be heard. Copies of said proposed local law, and Zoning Law may be reviewed at the Village Clerk s office during regular village hours. DOUGLAS J. GENITI 236 Spanktown Road, P.O. Box 247, Florida, NY Letter to the Supervisor and Town Building Inspector regarding a notice of violation dated 2

3 PAGE#3 August 22, 2011 disallowing the taking off and landings of private helicopters from property located at 172 Union Corners Road. This issue was previously addressed with a Notice of Violation dated August 27, 2010 and subsequent Notice of Correction dated September 27, 2010, was issued upon having provided the Town with NY State rules and FAA guidelines. JOANNE WILCOX Bookkeeper, Town of Warwick Memos to the Town Board asking for the following budget transfers: FROM TO AMOUNT R. Land LLC Timber Bond Engineer Insp. Fee $1, (TA ) (B ) FROM TO AMOUNT R. Land LLC Timber Bond Escrow Land $1, (TA ) (TA ) EDWARD BUTLER, P.E. Town Engineer, Tectonic Engineering & Surveying Consultants, P.C., P.O. Box 37, 70 Pleasant Hill Road, Mountainville, NY Memo to the Supervisor regarding W.O. # Rock Springs Subdivision Paiges Way, SBL Landscape Bond. This is in regard to a letter from Mike Hazard, of 9 Paiges Way in Warwick, NY, requesting release of his landscaping bond for the referenced project. As a condition stated on the approved plans, the applicant was required to plant 40 street trees, with no definite location specified. There have been well over 40 trees planted on the site, and have survived several growing seasons. One tree was currently noted as dead. I do believe the one tree is insignificant when considering the landscape and beauty of the site, therefore do recommend release of the landscape bond. FRANK J. GRAESSLE - 35 Clear View Lane, Warwick, NY Letter informing the Town of Warwick and the New York State Liquor Authority that they are renewing their liquor license. FRANCES N. SANFORD Recording Secretary, Town of Warwick Zoning Board of Appeals Letter to the Supervisor and Town Board notifying them of her resignation as the Recording Secretary from the Town of Warwick Zoning Board of Appeals effective immediately. THOMAS F. MCGOVERN, JR. Police Chief, Town of Warwick Police Department Memo to the Town Board requesting a budget transfer in the amount of $3, from Selective Way Insurance Company, to (B ) auto repair. THOMAS F. MCGOVERN, JR. Police Chief, Town of Warwick Police Department Memo to the Town Board requesting a budget transfer in the amount of $3, from (B ), to (B ) police uniform allowance. 3

4 PAGE#4 EILEEN ASTORINO Assistant Secretary, Town of Warwick Building and Planning Department Letter to the Supervisor and Town Board requesting a refund on the balance of a building department escrow in the amount of $ to Thomas Halka. BENJAMIN ASTORINO Chairman, Town of Warwick Planning Board Letter to the Town Board regarding zoning for the Drew Garage located at 2 Schoolhouse Road in Pine Island that it be changed from the SL zone to the LB zone. (SEQR) State Environmental Quality Review Negative Declaration Notice of Determination of Non-Significance This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town Board of the Town of Warwick, as Lead Agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Town of Warwick/New Cingular Wireless Telecommunications Facility SEQR Status: Type I Unlisted Conditioned Negative Declaration: YES NO Description of Action: The Town Board and AT&T propose a joint project to develop a new wireless telecommunications facility on a Town-owned parcel currently used for public water supply purposes. The proposal includes the construction of a new stealth monopine pole of 165 feet and an associated equipment shelter within a fenced compound at the tower s base. The Town intends to provide for emergency services telecommunications on the tower while AT&T has proposed the tower to fill an existing 2.67 mile wireless service gap from Black Rock Road to just beyond the New Jersey State border. Location: State Route 94 in the CB Zoning District, Town of Warwick, Orange County, NY. The parcel is identified as Section 51, Block 1, Lot Reasons Supporting This Determination: 4

5 PAGE#5 1. The Town Board of the Town of Warwick has given due consideration to the subject action as defined in 6 NYCRR 617.2(b) and 617.3(g). 2. After reviewing the Environmental Assessment Form (EAF) for the project dated 06/22/2011 and as revised on 09/23/2011, the Town Board has concluded that environmental effects of the proposed project will not exceed any of the Criteria for Determining Significance found in 6 NYCRR 617.7(c). 3. The Town Board has proposed the facility jointly with AT&T. There are several aspects of the project that will not comply with the Town Zoning Law. However, the nature and scope of the Town Board s authority to enter into an agreement with AT&T for use of Town owned lands is broad. The Town Board prepared and adopted the Town of Warwick Zoning Law. The Town Board also has the ability to amend the Zoning Law subject to the requirements of Town Law, Municipal Home Rule Law and the State Environmental Quality Review Act. The Town Board also has broad discretion to seek immunity from its own Zoning Law when it involves a matter of public safety as well as compliance with the Federal Telecommunications Act of The areas where the proposed facility do not comply with the Town Zoning Law include limitation on the height of a new wireless telecommunications tower to 120 feet, where the proposed tower is 165 feet high. The Zoning Law also requires certain setback restrictions from any property line and the tower is proposed 15 feet from the property line where 165 feet is required. The noise generation from the backup power generation may exceed 50 decibels (db) at the property line, which may not comply with the Zoning Law requirement during times when the backup power generator is being tested and during times when power from the existing electric grid is unavailable due to power outages. For the proposed project, the Town Board will be holding a Public Hearing to provide an opportunity for the Town of Warwick resident s and landowners interests to be heard. The Town Board s grant of authority for the Zoning Law rests solely with the Town Board. The land use involved is a telecommunications tower that will benefit town residents, visitors, businesses, emergency services as well as the Town itself due to the revenues generated from leasing the land that the Tower is placed upon. The primary areas where the Zoning Law is not complied with are those identified above, namely the height of the tower, the setback from the property line and the potential exceedance of the power generation equipment on a temporary basis. If the proposed tower consisted of an application solely from a private wireless services provider, area variances from the Town Zoning Board of Appeals would be available to modify the bulk requirements, so that the tower could be approved as proposed by the Town and AT&T. The Zoning Board can approve tower heights of up to 199 feet if an independent radio frequency consultant determines that adequate coverage would not be provided by a tower of up to 120 feet. For all of the reasons identified herein, the proposed telecommunications facility will serve the public interest and provide benefits to the public which includes enhanced 911 coverage, location of communications equipment on the tower by local emergency services providers with emergency battery and generator backup power supply, as 5

6 PAGE#6 well as co-location for other wireless providers in the Town which will have the ability to enhance their wireless services as well. While AT&T will profit from the new tower, this does not undermine the public interests served. Therefore, this justifies exemption from the three identified requirements of the Zoning Law. 4. The site is located in the Town s Aquifer Protection Overlay (AQ-O) Zoning District. An Aquifer Impact Assessment was prepared for the proposed project by Black & Veatch dated March 25, The Assessment describes the potential for impacts on groundwater as a result of the proposed construction activities as well as the operation of the facility. The proposed facility has been designed to comply with the AQ-O District use restrictions. Any surface water flowing into the proposed stormwater treatment area will be of sufficient quality to protect groundwater. This is because of conformance with an Erosion Control Plan prepared in compliance with the New York Guidelines for Urban Erosion and Sediment Control as well as the Town of Warwick Stormwater Management Regulations. None of the use restrictions identified in the Town Zoning Law will be potentially violated as a result of the proposed facility. The only potential for adverse effects arises from the back-up power generator s energy source as well as an uninterruptable power system (UPS), which uses lead-acid batteries. Often, diesel or gasoline are used for back-up electric power generation. However, the generator has been proposed as a propane fired generator which will mitigate any potential for releases of petroleum products. The UPS will be routinely inspected for cracks, leakage or evidence of corrosion as part of the on-going maintenance of the facility and any visible leakage will be immediately cleaned, with damaged batteries properly recycled off site. Finally, no pesticides or herbicides will be stored or applied at the facility. 5. The proposed action will not require water supplies nor the construction or use of sanitary sewage disposal systems since the facility will be un-manned and there will be no permanent occupancy. 6. A Visual Analysis was conducted of the proposed tower. The Analysis included the floating of a 40 inch diameter helium filled balloon to a height of 165 feet on April 22, The Analysis followed the New York State Department of Environmental Conservation s publication entitled Assessing and Mitigating Visual Impacts. Photographs were taken towards the proposed tower site from 24 locations in the surrounding area. Scaled simulations of the proposed 165 foot tower were then superimposed on the photographs to show visibility of the tower. The proposed tower will be most visible from areas closest to the site, especially those that lack dense vegetative screening, including from State Route 94 east of Sanfordville Road and west of County Route 1. The tower will be highly visible at the entrance to the Price Chopper Plaza on Route 94. No visibility can be expected from the Village of Warwick and its Historic District with seasonal visibility expected from the historic structures located near the project area including the General John Hathorn Stone House and the Jeremiah Morehouse House, both located over 3,000 feet from the proposed tower. The tower is not expected to be readily visible from the Warwick Valley Central School or the historic Warwick Cemetery and would be seasonally visible from the Sanfordville Elementary School, which is located approximately 2,300 feet from the proposed tower. To minimize visibility, a monopine has been proposed in an attempt to blend into the existing 6

7 PAGE#7 trees in the area where the tower is proposed. There are existing trees with a height of approximately 80 feet high that are found adjacent to the proposed tower. A tower of 120 feet high may be less visible than a tower of 165 feet high but, both towers would stand above the height of the prevailing height of existing vegetation in the surrounding area. When viewed from the ground at locations close to the site in the CB District, especially along Route 94, either tower would be visible. While a 120 foot tower would be less visible, this height would not provide the needed gap in wireless communications that currently exists as discussed below. Since the tower will be designed to resemble a pine tree, it will be properly camouflaged in accordance with the Town Zoning Law. Finally, the rolling topography of the site and surrounding area, the antenna design which is integral with the proposed pine branches, the surrounding tree cover including existing mature hardwoods, the existing and proposed structures at the Fairgrounds site and the use of screening the tower by camouflage design, off-site views of the facility will be minimized consistent with the identified public need for the facility identified in the Comprehensive Radio Frequency Report and Supplemental Radio Frequency Report discussed more fully below. 7. AT&T was asked to provide a radio frequency analysis of tower heights at 120 feet and 165 feet. Based upon a Supplemental Radio Frequency Report prepared by an Independent Radio Frequency Engineer dated September 30, 2011, a monopine of120 feet in height would not provide substantially seamless service to its customers. While a tower height of 165 feet would fill an existing critical gap in service coverage1 of 2.67 miles from Black Rock Road to New Jersey, a tower of 120 feet would only provide a gap in coverage of 1.8 miles, thereby leaving a gap in coverage for travelers and emergency services providers on Route 94 as well as a gap in coverage for homeowners and businesses located in a corridor area within 1.6 miles to the north of Route 94 and most of the land areas within 1 mile south of Route 94. This would be contrary to the mandates of the Federal Communications Commission license to AT&T. Furthermore, according to the Radio Frequency Report, other locations have been examined for potential tower locations and the proposed site represents the best available location for the facility. 8. The Town s parcel, where the telecommunications tower is proposed consists of acres of land. It is surrounded on all sides by the existing Fairgrounds Price Chopper Grocery Store on parcel as well as by the recently approved Fairgrounds retail center on parcel Other privately owned vacant or farmlands within 500 feet of the site adjoin the Fairgrounds parcels to the north and west. A parcel located to the southwest of the Fairgrounds parcels ( , the Homarc development) is currently proposed for retail and office development. Two of the vacant or farmland parcels are located in the Town s Office and Industrial Park (OI) District. Thus, no existing residential development is located within close proximity to the site. All surrounding lands are either vacant or devoted to nonresidential development. Due to the presence of protected freshwater wetlands, no new development (other than the approved Fairgrounds retail development) is expected adjacent to the site to the west or north. Thus, the setback of 165 feet is 7

8 PAGE#8 not required to protect adjoining land uses or future land uses. The size of the parcel and the presence of the existing public water supply wells would preclude any tower from being located on the site if the setback requirements were adhered to. Furthermore, the nearest residence is located approximately 1,100 feet from the proposed tower and an existing subdivision s closest dwelling is located approximately 1,700 feet from the proposed tower. The Town s CB Zoning District is designed to provide a place for attractive development of business activities that serve community needs. The proposed tower will serve community needs by filling a critical gap in wireless coverage for residents, visitors and those traveling on Warwick s roads, will provide the opportunity for the Town s emergency services providers to obtain enhanced coverage for their critical needs, will enhance 911 coverage, and will provide needed non-property tax revenues to the Town to support its community service obligations. 9. There may be a temporary exceedance of the 50 decibel limits on noise from the new telecommunications tower. This is because of the small size of the parcel proposed for the tower. For all of the reasons cited in paragraph 8 above, no tower could be developed on the site that would likely comply with the 50 db limitation due to its small size and inability to provide sound buffering. Sound is attenuated by distance and the sitting of a power generation unit on the site will create sound levels that exceed the Zoning Law limitations. Due to the site s location in a business district, the nature and use of the lands surrounding the site as described above, it is not expected that this exceedance will be considered significant, particularly when weighed against the compelling public need and benefits offered by the proposed tower. The noise exceedance will be temporary in nature and will be limited to regular maintenance at the site when all systems are tested, and to times when the power grid is not operational, when it can be expected that numerous other power generation equipment will be used throughout the Town to provide power in times of emergency. For Further Information: Contact Person: Michael Sweeton, Supervisor Address: Town of Warwick Town Board 132 Kings Highway Warwick, NY Telephone: A Copy of this Notice Filed With: Town of Warwick Town Board (Lead Agency) 132 Kings Highway Warwick, NY NYS-DEC (Notice Only) Environmental Notice Bulletin 625 Broadway Albany, NY enb@gw.dec.state.ny.us 8

9 PAGE#9 BOARD S DISCUSSION ON CORRESPONDENCE VISITING ELECTED OFFICIALS REPORTS OF BOARDS AND COMMISSIONS COMMITTEE REPORTS DEPARTMENT OF PUBLIC WORKS REPORT WORK BEING DONE LOCATION REASON FOR WORK LENGTH CULVERT PIPES 129 Bellvale Lakes Rd. Replace pipe 30 ft. 36 in. DRAINAGE Sleepy Valley Rd. Repairs from hurricane damage Bellvale Lakes Rd. Repairs from hurricane damage Iron Mountain Rd. Repairs from hurricane damage Black Rock Rd. Repairs from hurricane damage Shepard Rd. Repairs from hurricane damage DITCH WORK Black Rock Rd. Repairs from hurricane damage Iron Mountain Rd. Repairs from hurricane damage PAVE ROAD Barrett Rd. Repair storm damage MOWING Town wide As needed POT HOLES Town wide As needed ROAD SIGNS Town wide As needed COUNCILMAN DE ANGELO REPORT 1. The Warwick Valley Humane Society has a wish list for Feline Pine or Equine Pine for cat litter, bleach, Simple Green cleaner, laundry and dish detergent, heavy duty garbage bags, paper towels, Friskie s Pate or any ground can food, large dog bones, Science Diet or dry cat food. They also accept monetary donations. They do a great job on a very limited budget. 2. Saturday evening one of my good friends Ben Winstanley from the Village of Greenwood Lake is being honored by the Warwick Valley Rotary as a Citizen of the Year. Tickets are available in Mike s office and it starts with a cocktail hour at 6:00 p.m. and dinner at 7:00 p.m. Supervisor Sweeton Ben was a long time elected official, but a service organization worker in the community and County Legislator. It s a great honor and he deserves it. COUNCILMAN DE BUCK REPORT Absent COUNCILMAN GERSTNER REPORT 9

10 PAGE#10 1. I ve been in contact with our Recreation Commissioner, Mike Cipolla, who will be setting up a meeting shortly to meet with all of the recreation groups to get the spring scheduling going for our field usage. I appreciate all of the hard work from all of our Recreation Commission people. Also we had an issue where the Florida Soccer needed some field space and the Warwick Group was able to accommodate by moving some field space around. It just shows that they are working well together and we appreciate all of their hard effort and help. The DPW is doing an outstanding job with the parks. Supervisor Sweeton I want to commend you when Florida had their issue with homecoming and not having a place to play and they came to us so late on a Friday night or Thursday night before the Friday game, you reached out to Warwick Soccer Club and we made the accommodations happen. They had their homecoming and the kids played on Friday and Saturday out there, so that s great. Councilman Gerstner It went well and the organizations are working so well together and it s just great and we appreciate that. Supervisor Sweeton That s terrific and our fields are in really great shape. COUNCILMAN SHUBACK REPORT 1. The Highway Department is still busy repairing damage from the hurricane and I m afraid they will be going into the spring time doing repairs and most of the repairs are not permanent. ATTORNEY S REPORT TOWN CLERK S REPORT Fees Collected Month of September, 2011 Return Check Fees, $40.00; Wickham Lake Key Replacement, $20.00; Copies of Maps, $5.00; Certified Marriages, $140.00; Photocopies, $27.25; Peddler Permit Fees, $100.00; Use of Kitchen Fee, $50.00; Interest in Checking Account for Month of August, $1.14; Dog Impoundment Fees, $1,375.00; Town Park Pavilion Fees, $25.00; Athletic Field Fee, $50.00; Marriage License Fees, $350.00; Road Maps, $3.00; Conservation Licenses, $923.16; Dog Licenses Issued/Renewed, $2,016.00; Use of Room Fees, $220.00; Registrar Fees, $10.00; Waterfront Park Daily Non-Res. Fees, $224.00; Waterfront Park Daily Res. Fees, $615.00; Town Park Deposits, $ Total Fees Collected - $25, Fees Paid Month of September, 2011 NYS Dept. of Health for Marriage Licenses, $450.00; NYS Dept. of Ag & Markets for Spay/Neuter Program, $254.00; NYS Dept. of Environmental Conservation, $17,645.84; Village of Florida for Registrar Fees, $40.00; Village of Greenwood Lake for Registrar Fees, $60.00; Village of Warwick for Registrar Fees, $ Total Fees Paid to the Supervisor, $6,

11 PAGE#11 Bid opening on 10/11/2011 at 2:00 p.m. for Emergency Services to install a temporary bridge which crosses over Longhouse Creek on Cascade Road due to damages sustained in hurricane Irene. A single bid was received from: Allied Excavating Inc. Bid Amount: $62, Waterbury Rd. Warwick, NY Tel No.: (845) SUPERVISOR S REPORT 1. FEMA Response Update - You heard from Councilman Shuback the way FEMA works they ve just notified us that are not going to start meeting with us until October 19th as their real first visit. They were here earlier after the storms, but this will be their first visit where they really start to evaluate what repairs we can do and what they ll fund. That process is going to put us into the winter and you probably have noticed our temporary repairs which we ve made already have been top coated with black top to keep them secure for the winter and most of the permanent fixes will not occur until the spring. One project remains to be fixed is Cascade Road on the end by Bellvale by 17A that partially collapsed and it s deteriorated a little bit more. We have a weight limit on it, but we have sought proposals to put a temporary bridge there for the winter because we do not want that to go out during the winter when we would not be able to repair it, which would leave how ever many homes on that road only one way in and out and increasing response for emergency response and etc., etc. We will accept those bids tonight to do those temporary bridge repairs which probably will start at the beginning to the middle of next week and that section of Cascade Road on 17A will have to be closed for about five days while we do this temporary installation. This is a tricky one because at the point where the bridge is it kind of curves a little bit and there s a lot of overhead wires, so it can t be a matter of bringing it in and plopping it. There s going to be some juggling that has to go on, so we are going to get the word out on the emergency system to the residents of the road to let them know, but if you can also get it into your papers that would be great. We anticipate a five to six day closure to that end of the road, so people will have to exit the Brady Road side. That is better then having the bridge go out in the winter and not getting out that road at all until spring, so we will be doing that. As I mentioned, FEMA will make their first visit here on the 19 th and we re ready for them. We have all the evidence and everything documented of all the damage that we had and we expect that will go fairly smoothly. 2. The Greenwood Lake drawdown has begun. It started last weekend and that s usually a four year and this is the sixth year though between drawdowns. What happens in New Jersey they open the dam to drawdown the lakes so people can get into the shoreline and repair docks and bulkheads. The DEC has issued a general permit for that work, but anybody in the Town along Greenwood Lake that intends to do any work needs to file an individual permit. They are available online but we are asking them to come into our building department and let us help them through the process because the DEC fellow who was here in Greenwood Lake 11

12 PAGE#12 today want s very specific information on the work that s going to be done and the extent of it or he s not going to signoff on the permits. We are trying to make sure we expedite this so as the lake draws down people can get in before the weather gets really bad. If you have any questions please come to Town Hall or call our Building Department and if you live in the Village of Greenwood Lake they re handling it at the Village Hall. 3. CPF Update - I want you to know that our receipts for September came in at $52, which leaves a balance in the Community Preservation Fund of $2,034, and that is a typical monthly total for receipts and we re pleased with that. 4. The Town Board discussed this early in the process once we heard Mid Orange was closing that eventually we wanted to get a Citizens Group together to give us some thoughts and ideas and what they would like to see on the site. We worked with Empire State Development and the State of New York to get productive use of the site again we would have some input from our residents of things they would like to see. We have announced, as it was published last week in the paper, that we are forming that committee. Anyone who is interested please send an or a letter to my office at Town Hall, 132 Kings Highway or supervi@warwick.net and we ll see if we can get you on that committee, which we ll probably see at the next meeting in October on the 27 th. We have already had some inquiries and we ve asked the chamber to provide us with some business folks to be on the committee. Our goal is to work as quickly as possible with the State to get the property back into a productive use paying taxes and hopefully producing jobs. I have met with several people who have been interested. We ve toured the facility and we have great hopes and expectations that we ll get somebody in there fairly quickly. The prison is essentially shut down. They re in the process of decommissioning it which is draining pipes and boarding up access points and at the point that they feel that s completed they will turn it over to the Office of General Services, which is essentially the States real estate division. They will work with Empire State and the Town to find users, so we re progressing with that and we ll keep everyone abreast of it. 5. Monthly Budget Review - There were no journal entries this month so there was nothing for me to review on that. 6. We had scheduled the first meeting to be November 3 rd because of Thanksgiving. We are now moving it back to the 10 th. The reason we are doing that is we are in negotiations with our police union and we will be in negotiations shortly with our CSEA union both of which outcomes will dramatically effect what happens with our budget and I think our session with the police is November 3 rd, which is the day of the meeting. We want a little more time to be able to put that into whatever our budget becomes. The budget process this year is especially difficult because of the 2% cap imposed by the State without any issues dealing with mandate relief. I had a call from the budget office of the State today asking what affect it is having on the Town. Our levee under the cap would be about an additional $200,000 between health insurance contributions and retirement contributions it s a $169,000 increase this year. The fact that the County is making us pay for elections which they now run and the fact that there may be three next year we have to budget an additional 12

13 PAGE#13 $42,000 for the third election which already puts us over the cap before we look at anything in our contractual agreements, so we are in a bit of a pickle with it. We cut obviously over a million dollars out of the budget last year and look to cut more this year, but it s exceeding difficult and that s why we are rescheduling this meeting. 7. Supervisors Corner is published each week in the Warwick Dispatch with excerpts printed in the Warwick Advertiser. PRIVILEGE OF THE FLOOR (AGENDA ITEMS) There were no comments or questions on the agenda items. NEW BUSINESS: #R BUDGET TRANSFERS BOOKKEEPER Motion Councilman Gerstner, seconded Councilman Shuback to adopt the following Bookkeeper budget transfers: FROM TO AMOUNT R. Land LLC Timber Bond Engineer Insp. Fee $1, (TA ) (B ) R. Land LLC Timber Bond Escrow Land $1, (TA ) (TA ) Discussion: Supervisor Sweeton stated that the applicant had gone into one process and found it wasn t the right process and now he is going through to the correct process, so it s just shifting that deposit. #R BUDGET TRANSFERS POLICE DEPARTMENT Motion Councilman DeAngelo, seconded Councilman Gerstner to adopt the following Police Department budget transfers: FROM TO AMOUNT Check from Selective Way Auto Repair $3, Ins. for damages to police vehicle (B ) Police Uniform Allowance Uniform Allowance $3, (B ) (B ) #R AUTHORIZATION OF BOND RELEASE ROCK SPRINGS SUBDIVISION PAIGES WAY 13

14 PAGE#14 Motion Supervisor Sweeton, seconded Councilman Gerstner to adopt a resolution to authorize the release of a Landscaping Bond in the amount of $2, plus interest to Mike Hazard, 9 Paiges Way, Warwick, NY as per the recommendation of the Town Engineer. #R ESCROW REFUND THOMAS HALKA Motion Supervisor Sweeton, seconded Councilman Gerstner to adopt a resolution to authorize a refund in the amount of $407.50, the balance of the escrow SBL# to Building Dept. applicant, Thomas Halka as per the recommendation of the Building Dept. Secretary; letter dated October 7, #R ACCEPT RESIGNATION FRANCES N. SANFORD Motion Councilman Shuback, seconded Councilman Gerstner to adopt a resolution to accept the resignation of Frances N. Sanford as Recording Secretary for the Zoning Board of Appeals effective October 10, Discussion: Councilman Gerstner thanked her for her services. #R AMEND #R SCHEDULE PUBLIC HEARING PURCHASE OF PARCELS FOR BACK TAXES Motion Councilman Gerstner, seconded Councilman DeAngelo to adopt a resolution to amend resolution #R by changing the date of the public hearing to consider the purchase, for back taxes, of parcel SBL# and parcel SBL# for the purpose of protecting the Bellvale Water District and the entrance to Cascade Lake Park respectively from October 13, 2011 to October 27, 2011 at 7:00 p.m. or as soon thereafter as the matter may be heard at the Town Hall, 132 Kings Highway, Town of Warwick. Discussion: Supervisor Sweeton stated that these two parcels are being acquired for back taxes from the County from segregated funds, so one is from park funds which can only be used for that purpose and the other is from the water district fund, which can only be used to benefit the district. It is not coming from general funds. One parcel for the water district will help protect that drinking water supply and the back 14

15 PAGE#15 taxes on that is $5,000. The 10 plus acres in the Cascade Park that juts into the park the back taxes are only $1,500. #R SPECIAL EVENT PERMIT RICHARD JACOB RUDY MEMORIAL FUND CHARITY RUN/WALK 5K Motion Councilman Gerstner, seconded Councilman DeAngelo to adopt a resolution to authorize the use of Jessup Road in the Town of Warwick to the Richard Jacob Rudy Memorial Fund for a charity run/walk 5K event to be held on October 16, 2011 from 8:30 a.m. to 12:00 p.m. Application and proof of insurance are on file in the Clerk s office. The Chief of Police has approved the application and will provide one police officer to cover this event. #R SALE OF USED POLICE VEHICLE - GOVDEALS Motion Councilman DeAngelo, seconded Councilman Gerstner to adopt a resolution to authorize the sale of the following used police vehicle to be sold in AS IS condition on GOVDEALS.com Crown Victoria Police Package VIN# 2FAHP71W97X #R HALLOWEEN CURFEW Motion Councilman DeAngelo, seconded Councilman Gerstner to adopt a resolution to impose a curfew against congregating and loitering by those 18 years of age or younger to begin at 8:00 p.m. on Sunday, October 30, 2011 to 6:00 a.m. on Monday, October 31, 2011 and from 8:00 p.m. Monday, October 31, 2011 to 6:00 a.m. Tuesday, November 1, Discussion: Supervisor Sweeton stated that we do this every year and it works out really well and the Villages also do the same curfews. It makes sense and helps the Police Departments keep things under control. #R AUTHORIZATION TO SIGN AGREEMENT WITH ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES Motion Councilman Gerstner, seconded Councilman DeAngelo to adopt a resolution to authorize the Supervisor to sign an agreement for the transfer of a 15

16 PAGE#16 Warwick Police Officer to the Orange County Department of Social Services Investigative Unit on a temporary assignment. Discussion: Supervisor Sweeton stated that they requested an officer to work in their department on cases for them and they ve had good experience with us in the past having one of our officers assigned. They pay the cost of having the officer, so we re glad that we re able to do this and give the officer the opportunity. #R DECLARE NEGATIVE DECLARATION TOWN OF WARWICK/AT&T TELECOMMUNICATIONS FACILITY Motion Councilman Gerstner, seconded Councilman DeAngelo to adopt the following resolution: WHEREAS, the Town of Warwick Town Board is the SEQR Lead Agency for conducting the environmental review of a proposed new telecommunications facility on Town owned lands in the CB Zoning District, Town of Warwick, orange County, New York, and WHEREAS, there are no other involved agencies pursuant to SEQR, and WHEREAS, the Town Board has reviewed an Environmental Assessment Form (EAF) for the action dated 06/22/2011 and as revised on 09/23/2011, the probable environmental effects of the action, and has considered such impacts as disclosed in the EAF. NOW THEREFORE BE IT RESOLVED, that the Town Board adopts the findings and conclusions relating to probable environmental effects contained within the attached EAF and Negative Declaration and authorizes the Supervisor to execute the EAF and file the Negative Declaration in accordance with the applicable provisions of law, and BE IT FURTHER RESOLVED, that the Town Board authorizes the Supervisor to take further steps as might be necessary to discharge the Lead Agency s responsibilities on this action. Discussion: Ted Fink, Town of Warwick Planner pointed out that there is a typographic error in paragraph six that reads 84 and should be 94. Supervisor Sweeton We have a resolution this evening that would be a conditional resolution granting approval with conditions that have to be met in order for the project to get a permit and move forward. #R TOWN BOARD OF THE TOWN OF WARWICK/AT&T WIRELESS TELECOMMUNICATIONS TOWER GRANTING CONDITIONAL SITE PLAN APPROVAL 16

17 PAGE#17 Motion Supervisor Sweeton, seconded Councilman Gerstner to adopt the following resolution: WHEREAS, the Town Board of the Town of Warwick (the Town Board ) has entered into an agreement with New Cingular Wireless PCS, LLC (AT&T) to construct a wireless telecommunications facility on Town property, which consists of 1.35 acres and is used for community water supply purposes, located on NYS Route 94 (New Milford Road) east of Sanfordville Road and designated as Town of Warwick Tax Map No ; and WHEREAS, the Project consists of a proposed 165 foot tree monopine and an equipment shelter to be located inside a fenced compound; and WHEREAS, the Town Board is the SEQR lead agency for the Project; and WHEREAS, the Town Board reviewed a Full Environmental Assessment Form (EAF) for the action to assess potential environmental impacts; and WHEREAS, the EAF was prepared by the Applicant, submitted to the Town Board and revised in accordance with the Town Engineer and Town Planner recommendations; and WHEREAS, on October 13, 2011, the Town Board held a duly noticed public hearing on the project; and WHEREAS, on October 13, 2011 the Town Board made a Determination of Non-Significance under SEQR and thereupon issued a Negative Declaration, to be filed by the Town Supervisor in accordance with the requirements of SEQR; and WHEREAS, the Town Board and its consultants have thoroughly reviewed the Joint application and revisions thereto, and have determined that it is in proper form for the grant of conditional site plan approval. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board hereby finds and determines that the site plan for the Project is adequate with respect to the requirements of Town of Warwick Zoning Law which sets forth standards for site plan review and design, including site layout and design considerations, the relationship of buildings and site to adjoining areas, building design, parking and holding facilities, access, on-site circulation, drainage, landscaping and screening, signs, lighting and noise as those elements are defined and described in the Zoning Law. BE IT FURTHER RESOLVED, that the Town Board hereby grants conditional site plan, approval to the Joint application and Project subject to the following terms and conditions: 1. Compliance with outstanding technical review comments of the Town Engineer including detailed designs and applicable details that are to be provided to the satisfaction of the Town Engineer prior to issuance of a Building Permit; and 2. A Landscaping Plan of the fenced area to be provided on the site plans to the specifications of the Town Planner, prior to issuance of a Building Permit; and 3. Continued compliance with the monitoring and maintenance requirements of of the Town Zoning Law; and 17

18 PAGE#18 4. Provision of as-built plans, certified by a licensed New York State Professional Engineer, that the construction is complete and in accordance with the submitted design plans prior to issuance of a Certificate of Compliance; and 5. Maintenance of adequate escrow funds to ensure compliance with the approved plans; and 6. Payment of all fees associated with the application. Roll Call Vote: Supervisor Sweeton aye Councilman Gerstner aye Councilman DeAngelo aye Councilman Shuback aye #R ACCEPT BID PROPOSAL FOR INSTALLATION OF TEMPORARY BRIDGE ON CASCADE ROAD ALLIED EXCAVATING INC. Motion Councilman Gerstner, seconded Councilman DeAngelo to adopt a resolution to accept the bid from Allied Excavating Inc. for the installation of a temporary bridge over Longhouse Creek on Cascade Road in an amount not to exceed $62, #R AUTHORIZATION TO SIGN RENTAL AGREEMENT FOR TEMPORARY BRIDGE OVER LONGHOUSE CREEK ON CASCADE ROAD ACROW CORPORATION OF AMERICA Motion Councilman Gerstner, seconded Councilman DeAngelo to adopt a resolution to authorize the Supervisor to sign a rental agreement for a temporary bridge over Longhouse Creek on Cascade Road with Acrow Corporation of America, 181 New Road, Parsippany, NJ Discussion: Supervisor Sweeton stated the cost of that bridge in the lease is $23, for six months with $2,300 a month for each subsequent month. We don t anticipate having it beyond eight months at maximum, but we will try to stay within the six months. BILLS: Motion Councilman DeAngelo, seconded Councilman Gerstner to pay the bills as audited. Motion Carried (4 ayes, 0 nays & 1 absent Councilman DeBuck absent) PRIVILEGE OF THE FLOOR (GENERAL) Councilman Shuback Weren t you going to change the hour of the meeting next meeting? 18

19 PAGE#19 Supervisor Sweeton That s to be determined. I ll let the press and the public know if we change that. We are talking about the October 27 th meeting we may have to have a time change on that, but we ll notify the public and the press well in advance of that evening. ADJOURN: Motion Councilman DeAngelo, seconded Councilman Gerstner that the regular meeting be adjourned. Motion Carried (4 ayes, 0 nays & 1 absent Councilman DeBuck absent) 8:14 p.m cp. Marjorie Quackenbush, Town Clerk 19