Meeting Minutes

April 29, 2014

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

April 29, 2014

 

Present:  Mayor Christopher Sanders, Deputy Mayor Mark Blomquist, Trustee Lisa DeFeciani, Trustee John Gallucci  Jr.,  Trustee Steven Silverberg, Walter Sevastian, Esq.-Village Attorney, Stephanie Tassello- Clerk- Treasurer

 

Mayor Sanders called the meeting to order and led the Pledge of Allegiance.

 

Mayor Sanders acknowledged and dedicated this evening’s Board Meeting in Honor of the recent passing of a former Village Trustee and Chair- of the Planning Board, Mr. Charles Berger.

 

 

Public Comment

Stephen Olsen residing at 733 Route 9W South along with his neighbors, Mr & Mrs. Hediger, residing at 729 Route 9W South have come before the board because of the continuous flooding issues which recently taken out part of his retaining wall and hillside.  He stated the flow of the water begins on Tweed Blvd., flows down the mountain, across Route 9W onto his property.    He asked the board for a solution to the ongoing flooding issues.

 

Mr. Hediger also expressed concern regarding the constant flooding, which he believes is not just the normal run off. While the Village is diligent in maintaining the NYS storm drain; in a matter of a few minutes the debris builds up and the water comes down off the hill into the culvert collecting water from the North and South of 9W, floods the roadway, and continues down his combined driveway in waves.  Remediation is complex which involves the County of Rockland, Town of Orangetown, Village of Piermont and the NY StateDOT.

 

Mayor Sanders recalled that the Village of Piermont had re-engineered the Village’s storm drain system from the East side of 9W downhill, for the safety of the residents and adjacent properties.    He has constantly reached out to the State to ask that the DOT maintain its stormwater system. The Mayor now believes that the storm drain is not capable of withstanding the velocity of the water.

 

DPW Superintendent Tom Temple reported there is water run off from Tweed Boulevard from the North and South side into a poorly designed storm drain.

 

Ken DeGennaro, Village Consultant Engineer reported the NY State DOT installed a steep channel from Tweed towards 9W that is funneled into a field inlet about 5 years ago right after the Village did their stormwater system improvements.  He explained he was unaware the problem continued to exist; however, the area is susceptible to flash flooding and intense rain storms can carry large amount of leaves and debris.  He stated the biggest problem is the water flowing into the grate on the west side of 9W, which goes into a pipe. Once it overflows, it goes across 9W.  He explained the solution would be to install a better catch basin, and install another one on the east side of Route 9W to catch the overflow.  When he reached out to the NY StateDOT they had explained the system they had installed met the standard for a 25-year storm.

 

Mayor Sanders recalled his meeting with the NY State DOT they committed to install a stilling basin to address debris from the hillside.

 

Ken DeGennaro explained they had installed a standard catch basin, not a stilling basin. However, what they installed is not sufficient to handle the velocity of water in that area and they put stones in front of it to stop water from crossing 9W.  The DOT said the system was constructed to handle a 25-year storm, but it continues to flood frequently.

 

Mayor Sanders commented the Village of Piermont’s stormwater system, east of 9W, is adequate and working fine. Mayor Sanders questioned the Village Engineer as to what steps should be taken next to compel the State improve their stormwater system.

 

Ken DeGennaro replied the Village should contact the State DOT to let them know of the endangerment of the frequent flooding on Route 9W to the health, safety and welfare of the

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vehicular traffic.  He also suggested requesting them to construct and install proper drainage system to allow the water that is being received to enter the system and not overflow across 9W.

 

Mayor Sanders directed the Village Engineer to begin drafting a letter to the NY State DOT to address this serious flooding issue. 

 

Trustee Silverberg suggested the letter also be sent to the Village Attorney for review prior to sending to the NYS DOT.

 

Mr. Hediger referred to Mayor Sanders’ previous comment regarding the NY State DOT’s  installing a catch basin rather than what they committed to, installing a stilling basin.  He suggested following up with the DOT to make them comply with their agreement. He also expressed concern regarding the dangers of frequent flooding on Route 9W.

 

Mayor Sanders tabled this topic to the next Village Board Meeting on May 13, 2014 for further review.

 

Margaret Grace, a resident of Piermont, thanked the Mayor and the Board for acknowledging former Trustee and Chair to the Planning Board, Mr.  Charles Berger.  She also noted Mr. Berger was a prominent force behind the development of Piermont Landing.  He also helped in shaping the Village into what it is today. 

 

Margaret Grace also reported that the Piermont Community Dog Run is holding a Spring Meet on Friday May 4th from 5pm to 7pm.   Piermont Pub/Pizza is donating pizza for the event.  She thanked the Piermont DPW for fixing the fence.

 

Approval of Minutes

 

Trustee Gallucci Jr. moved to approve the minutes from the April 1, 2014 meeting of the Board of Trustees.  Trustee Blomquist seconded the motion, which carried by a vote 5-0.

 

Department Reports

 

POLICE

Chief O’Shea reported the renovations of the Police Department are complete The Chief reported that the Fire Police from Piermont Fire Department have  requested the old 1998 PAL van, which was previously declared as surplus.

 

Trustee Blomquist reported the Fire Department recently had a few graduates from Fire Police School, who expressed interest in the use of the van.   He further commented that it should only be used around Piermont.

 

Mayor Sanders expressed concern regarding the age of the van and potential, expensive repair/maintenance costs.   Mayor Sanders questioned the Board Members as to their thoughts on this request.   Trustee Gallucci asked what the Fire Police needed it for.   Chief O’Shea said it would be used only if there were an incident within the Village.  

 

Trustee Silverberg expressed the same concern as the Mayor regarding the reliability of the van; however, if the Fire Department needs it, he would not have a problem giving it to them.  In the event the repairs become costly it should be surplused.

 

Mayor Sanders suggested having an inspection done before transferring it to the Fire Department to make sure it is usable.

 

DPW

DPW Superintendent Tom Temple reported the Municipal tractor is expected to be delivered within the next few weeks.

 

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Trustee Silverberg questioned the status on the repairs to the North Shore Walkway.

 

Village Engineer Ken Degennaro reported hehad a preconstruction meeting with the contractor last week and he will give a proposed start date.   The work should begin soon, and will be performed in sections so the walkway will be closed in sections around the area of construction and should be done quickly.

 

Fire Dept.

Chief Cavanaugh – absent

 

Building Dept.

Building Inspector Charles Schaub-absent

Request for Special Permit from Faith Artrip to convert a single-family dwelling to a two family dwelling

 

Faith Artrip submitted a letter requesting to convert a single family dwelling temporarily into a two family dwelling.   Mayor Sanders reported from the letter submitted by Faith Artrip that she is requesting the conversion to a two family dwelling due to financial issues.

Village Attorney Walter Sevastian advised the Board with reference to the Village Code:

§ 149-4 2 B A public hearing shall be held on all applications as herein provided.  All Applications shall be referred to the Building Inspector, the Fire Inspector, Village Engineer, the Zoning Board of Appeals, the Planning Board and the Architectural Review Commission. The aforesaid persons and Boards shall review all applications and report their recommendations to the Village Board of Trustees, in writing, prior to the public hearing, except that the Building Inspector, Fire Inspector and Village Engineer may report orally to the Village Board at the public hearing.

 

Trustee DeFeciani moved to refer this application to the above mentioned Boards for review and hold a public hearing on June 17, 2014 at 7:45pm for a Special Permit for Faith Artrip to convert a single family dwelling to a two family dwelling.  Trustee Silverberg seconded the motion, and upon vote the motion carried by vote 5-0

 

Mayor Sanders moved up Agenda Item #10

 

Authorize the Mayor to sign the MS4 Municipal Compliance Annual Report

 

Mayor Sanders questioned Village Engineer Ken DeGennaro regarding a letter the Village received from the DEC regarding the MS4 Audit.

Mr. DeGennaro replied he has reviewed the MS4 Audit and will address the violations.

 

The Village Engineer, Brooker Associates, made a proposal to complete the Annual MS4 Report at a cost of $1,200. 

 

Trustee Silverberg moved to approve the proposal for the MS4 Annual Report at a rate of $1,200.  Trustee Gallucci Jr. seconded the motion which carried by vote 5-0.

 

Public Hearing (7:45) A local law to amend section 172-5 of the Code of the Village of Piermont as pertains to Road Opening Permits in the Village of Piermont Local Law #3 of 2014

 

Trustee Gallucci Jr. made a motion to open the public hearing. Trustee Silverberg seconded the motion which was carried with a vote of 5-0.

 

Village Attorney Walter Sevastian explained this is a simple modification to the local law amending section 172-5 of Village Code pertaining to Road Opening Permit.  The changes will

 

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benefit the Village; it will increase revenue and hold contractors more accountable.  The local law will be an unlisted action under SEQR as it has no adverse environmental impact.   

 

No public comment

 

Trustee Gallucci Jr. suggested to increase the liability insurance to a minimum of $1,000,000/$2,000,000, and increase property damage insurance to $500,000.

 

Trustee Silverberg agreed with Trustee Gallucci Jr.

 

Trustee Gallucci Jr. moved to close the Public Hearing. Trustee Silverberg seconded the motion which carried by vote 5-0.

 

Trustee Silverberg moved that the Village Attorney draft the resolution for the SEQR declaration  finding that there will be no significant adverse environmental impacts from the implementation of the fee schedule and to adopt Local Law #3 of 2014 Amending Section 172-5 of the Code of the Village of Piermont entitled “Street and Sidewalks openings and excavations” as modified with an increase to the liability insurance from $100,000/$300,000 to $1,000,000/$2,000,000, and an increase to property damage from $100,000 to $500,00.  Trustee Gallucci Jr.  seconded the motion, which was carried by a vote 5-0.

 

RESOLUTION OF THE VILLAGE OF PIERMONT BOARD OF TRUSTEES

STATE OF NEW YORK

COUNTY OF ROCKLAND: VILLAGE OF PIERMONT

——————————————————————–X

A local law amending section 172-5 of the Code of the

Village of Piermont, entitled “Street and Sidewalks

openings and excavations”

——————————————————————–X       

WHEREAS,  the Village Board of the Village of Piermont has noticed a Public Hearing with regard to an amendment of the Village Code with respect to thea local law amending section 172-5 of the Code of the Village of Piermont, entitled “Street and Sidewalks openings and excavations”;

WHEREAS, Public Hearings on the adoption of these proposed amendments to the Village Code were held on April 29, 2014;

WHEREAS,  at least 10 days prior to the initial Public Hearing notification of same was published in the Rockland County Journal News pursuant to Village Code requirements;

WHEREAS,  the Village Board of Trustees had made and published initial SEQRA review of the proposed Village Code amendments and found as follows:

1.                  That the proposed Village Code amendment was an “Unlisted” action under SEQRA.

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2.         That it was the intention of the Village Board of Trustees to establish itself as the Lead Agency for the purpose of review of the proposed action under the provisions of the State Environmental Quality Review Act (SEQRA).

THEREFORE BE IT RESOLVED, that the Village Board of Trustees hereby establishes itself as the Lead Agency for the purpose of review of the proposed action under the provisions of the State Environmental Quality Review Act (SEQRA), and determines that a SEQRA Negative Declaration is determined with respect to the action in that modification of the regulations regarding street opening permits will have no discernible adverse impact on the environment.

AND BE IT FURTHER RESOLVED, the Village the Board of Trustees adopts the amendments to section 172-5 of the Code of the Village of Piermont.

This resolution was adopted by a unanimous resolution of the Board of Trustees at the regular meeting of the Board on April 29, 2014.

Request from Piermont Pub/Pizza to amend Special Permit to allow outdoor seating

Robert Wohner from Piermont Pub/Pizza is requesting to place outside tables and seats on his patio in front of his restaurant.  He recently had placed tables and seats outside, which generated more business and has been advised that he needed to request the additional seating, and required parking from the Village Board.

 

Trustee Silverberg questioned if the seats will be solely on the sidewalk.  He is concerned it would impede on the parking space directly in front of the restaurant.

 

Robert Wohner replied the tables will be placed only on the sidewalk.

 

Trustee DeFeciani wanted clarification regarding needing additional FILOP, due to the additional seating.

 

Mayor Sanders replied the request for additional seating would trigger the need for additional parking spaces.

Village Attorney Walter Sevastian advised the board the previous owner formerly known as Piermont Pizza was issued a Special Permit for 10 FILOP parking spaces based upon the size of the restaurant and number of seats reported.  This is a request to expand seating, which would also trigger the need for additional parking spaces.  He referred to Village Code;

 § 210-68.1. Exceptions to off-street parking requirements in the Business B Zoning District.

 

D. If a commercial establishment located in the Business B Zoning District cannot satisfy, on site, or in the case of a restaurant use, by the lease of off-site parking as provided under § 210-68.1(B), its required minimum number of off-street parking spaces, then a portion of the requirement may be satisfied by paying to the Village of Piermont a fee in lieu of parking (“FILOP”), subject to the following restrictions and conditions.

(1) No more than nine spaces of a commercial establishment’s off-street parking space requirement may be satisfied by a FILOP.

(2) The fees for FILOP spaces shall be established by resolution of the Village Board of Trustees (“VBT”) on an annual basis.

 

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He further commented it is established that every 3 seats requires one parking space.  According to this request for additional 19 seats, it would require another 6 parking spaces.  There are currently 18 available parking spaces in inventory.

 

Trustee Gallucci Jr. expressed concern regarding the placement of the tables being placed in a public right of way and would like to see a survey of the property.

 

 Robert Wohner submitted a copy of the architects drawing.

 

Village Attorney Walter Sevastian advised the board this request would need to be referred to the Planning/ Zoning board for an advisory opinion and would be required to schedule a Public Hearing.

 

Mayor Sanders expressed concern regarding the request for additional seating which would trigger additional parking spaces.  The prior establishment was approved for additional parking spaces, which already exceeded the cap for parking spaces. According to Village Code, parking spaces are capped at 9, this establishment currently has 10 spaces, and with the additional seating, would require an additional 6 spaces.

 

Robert Wohne asked the board to temporarily allow him to place additional tables outside while he goes thru the process of planning/zoning boards and the public hearing; He is struggling financially since the opening in January.  He is now faced with the annual FILOP fee which he was going to ask for a payment plan

 

Village Attorney Walter Sevastian replied it is written in the code that all commercial establishments have to pay the FILOP fee.

 

Robert Wohner requested to waive the need for additional parking spaces as he is willing to close the inside of his business to customers when the tables are outside.  He is willing to take his seats that are inside and put them outside.  He feels this way he is not increasing his seating capacity, which would trigger the need for additional parking spaces.

 

Mayor Sanders expressed concern this is a local law put in place to mitigate impacts of commercial establishments specifically restaurants to make sure the Village is not over burdened.  He would like to review the advisory opinion from the Planning Board specific to the traffic impact before he approves this request.

 

Trustee Silverberg questioned Village Attorney Walter Sevastian if the board could temporarily allow Mr. Wohner to possibly close the inside and place tables outside until his public hearing.    

 

Village Attorney Walter Sevastian commented the board does not have the authority to approve if he closes the inside of his establishment while having the tables outside,; however, the Building Inspector is the Code Enforcer and this would be up to his discretion.

 

Trustee Gallucci Jr. commented he would like to accommodate Mr. Wohner, however, his request is missing vital information and the Village Code needs to be applied equally and fairly to everyone.

 

Mayor Sanders expressed concern regarding missing information.  There is no survey noting the property lines. His other concern is the need to grant additional Parking Spaces and he would like a traffic impact study done before the Public Hearing.

 

Trustee Silverberg moved to refer this application to the Planning/Zoning Boards for an Advisory Opinion.  Trustee Gallucci Jr. seconded the motion, which carried by vote 4-1, Mayor Sanders voting no.

 

Trustee Silverberg moved to hold a public hearing on June 17, 2014 at 8:00pm on the request to amend a Special Permit by Robert Wohner of Piermont Pub/Pizza to allow outside tables. 

 

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Trustee Gallucci Jr. seconded the motion and upon vote the motion carried by vote 4-0, Mayor Sanders abstained

 

Resolution to adopt 2015 Base Proportions

 

Trustee Blomquist moved to adopt the 2015 Base Proportions.  Trustee Gallucci Jr. seconded the motion, which carried by a vote 5-0

 

Mayor Sanders moved up agenda item #9

 

Resolution declaring the Memorial Day Parade a Village Sponsored Event

 

The VFW Piermont Post 7462 requested to have the Memorial Day Parade declared a Village Sponsored Event on May 26, 2014.

 

Trustee Gallucci Jr. moved to approve the Memorial Day Parade on May 26, 2014 as a Village Sponsored Event.  Trustee Blomquist seconded the motion which carried by vote 5-0

 

Review proposed 2014-2015 Capital Budgets

 

Mayor Sanders tabled this discussion to the Village Board Meeting on May 13, 2014 to further include items from the DPW Capital Budget

 

Mayor Sanders moved up agenda item #15

 

Develop list of items for future BAN/Bonds

 

Village Clerk Stephanie Tassello advised the board of the list of items for future Bans/Bonds as follows:

DPW -Cyncon Municipal Tractor $70,000

FD-Infrared Forward Looking Radar $17,000

FD-Air Fill Station $21,500

FD-Forcible Door Entry System $7,000    

 

The total proposed amount to Ban/Bond is $120,000.  The resolution will be placed on the Agenda of the next Village Board Meeting, May 13, 2014

 

Trustee Gallucci Jr. moved to prepare a resolution for Ban/ Bonds in the amount of $120,000.  Trustee Blomquist seconded the motion which carried by vote 5-0

 

Discussion on summers closures to motor vehicle traffic on the Pier

Mayor Sanders identified Pier closures to Motor vehicle traffic for the following three Sundays during the summer 2014:

June 15th

July 20th

August 17th

Trustee Defeciani Silverberg moved to approve Pier Closures to Motor Vehicle Traffic for the following dates: June 15th, July 20th, and August 17th. . Trustee Blomquist seconded the motion which carried by vote 5-0.

Review Village Board Meetings -Summer Schedule.

Mayor Sanders confirmed the Summer Village Board Meetings, scheduled for Tuesday June 17, July 15, and August 5, 2014.

 

Declare DPW 2002 Bombardier Surplus to be Auctioned

 

Trustee Defeciani moved to declare the 2002 Bombardier as surplus and to be auctioned.  Trustee Blomquist seconded the motion which carried by a vote 5-0

 

 

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Review Hudson Estuary Accessibility Projects

 

DPW Superintendent Tom Temple reported he reviewed some of the items listed for ADA compliance.  Most of them are not on Village owned property.  He will address all the items listed that are on Village owned property.

 

Trustee Silverberg suggested to write a letter to Cornell advising that most of the items listed are either on Private Property or owned by the NYS DEC. The Village of Piermont will address all items listed that are owned by the Village.

 

Mayor Sanders agreed with Trustee Silverberg and directed Village Attorney to draft the letter to LaWanda Hook, PhD of Cornell University Employment and Disability Institute Northeast ADA Center.

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $ 174,274.09 as presented by the Village Clerk.  Trustee Gallucci Jr. seconded the motion, which was carried with a vote of 5-0.

 

Old/New Business

Village Attorney Walter Sevastian requested an Executive Session for pending litigation and personnel matters. 

 

Trustee Blomquist reported Orange & Rockland Utilities did a survey of the Fire Department Building and suggested to switch to energy-saving LED lights.  The cost for the switch would be minimal.

 

Trustee Silverberg reported the Scenic Hudson Task force committee set up a sub-committee at their last meeting to do a cost benefit analysis.  Their next meeting is May 15th at 4:30pm which they will walk the Village to review and document areas that are prone to flooding.

 

Mayor Sanders commented he spoke with Brooker Engineering with the possibility of getting a surveyor identify elevations around utility poles, to provide good reference points for potential future flooding.

 

Mr. Lennon sent an email with a request to have an underwater survey of the bulk head at the end of the Pier.   

 

Mayor Sanders commented that Columbia University- Lamont Doherty built the Pier and they initially were responsible for the maintenance of it.  He also would like more details on the proposed project

 

Mr. Lennon would like to proceed with a study of the Bulk head on the Pier, before he completes his proposal of the project.

 

Trustee Gallucci Jr. understood at a previous board meeting it was suggested to Mr. Lennon to come before the board with a proposal of where the light house was going to be placed.

 

Mayor Sanders expressed concern with approving a survey of the Bulk head when the board has not seen a proposal of the project.  He suggested to Mr. Lennon to submit a proposal to be placed on an Agenda.

 

Trustee Blomquist also expressed concern with the possibility of erecting the light house on the Pier as that may interfere with search and rescue emergencies.

 

Mayor Sanders reviewed the 2014 Year-to-date budget.  Revenues are higher than expected and expenses are lower than expected.

 

 

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Mayor Sanders received a retainer agreement from Lamb &Barnosky LLP for the board to review.

 

Trustee Silverberg expressed concern regarding the retainer agreement, and suggested to amend the agreement to a minimum billable unit of 1/10th hour.

 

Mayor Sanders will reach out to Lamb & Barnosky LLP to amend the agreement.

 

Executive Session

 

Trustee Silverberg moved to enter into Executive Session to discuss Pending Litigation and discussion on personnel compensation.  The motion was seconded by Gallucci Jr.  and the motion was carried with a vote of 5-0.

 

Trustee Silverberg moved to exit Executive Session, which was seconded by Trustee DeFeciani and upon vote the Board adjourned Executive Session.  The Village Clerk noted that no action was taken while in executive session.  

 

Trustee Gallucci Jr. moved to amend the resolution authorizing a resolution for Ban/ Bonds with an additional amount of $96,000, now totaling $210,000.  Trustee Blomquist seconded the motion which carried by vote 4-0

Trustee Silverberg abstained

 

Adjournment

Trustee Blomquist moved to adjourn the meeting at 10:05pm. Trustee Silverberg seconded the motion, which was carried with a vote of 5-0.

 

                                                                                               

                                                                                                           

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer