Meeting Minutes

BOT Meeting Minutes – September 25, 2018

INCORPORATED VILLAGE OF PIERMONT BOARD OF TRUSTEES MEETING September 25, 2018

Present: Mayor Bruce Tucker, Deputy Mayor Mark Blomquist, Trustee Ivanya Alpert, Trustee Rob Burns, Trustee Nate Mitchell, Walter Sevastian, Esq. -Village Attorney and Jennifer DeYorgi-Village Clerk-Treasurer.

Mayor Tucker called the meeting to order and led everyone in the Pledge of Allegiance.

Item #1 – Approval of Meeting Minutes

Trustee Alpert made a motion to approve the minutes for September 4, 2018. The motion was seconded by Trustee Burns and so carried with a vote of 4 ayes and 0 nays. Trustee Blomquist abstained.

Item #2 – Approval of Warrant

Deputy Mayor Blomquist made a motion to approve Warrant #091418 in the amount of $71,189.94 and Warrant #092518 in the amount of $159,964.38 for a grand total of $231,154.32. The motion was seconded by Trustee Burns and so carried with a vote of 5 ayes and 0 nays.

Item #3 – Department Reports
Department of Public Works – Highway Superintendent Tom Temple was not present.

Police Department – Chief Michael O’Shea was not present.

Building Department – Building Inspector Charles Schaub handed in his monthly report and informed the Board the solar company put in an application for a building permit for the lights on the bridge, which he approved with no fee as it is on Village property.

Village Attorney stated he and Building Inspector are working on drafting up newer charges for the Tweed site.

Mayor Tucker showed the Board photos of 9W from today as the silt came down the hill from the Tweed properties and clogged the drains. Our DPW was unclogging the drains. This is not only taking up our resources but putting our Village employees in danger.

Parks Department – Dan Sherman, Chairman of the Parks Department informed the Board they met with Dr. Ramo a few weeks ago and also recently with Dr. Margie Turrin, Mayor Tucker and Tom Temple. Lamont Doherty showed them a plan that was prepared in July 2011 which included paving the center part of the Pier, removing some of the blacktop to have more grass and having a cottonwood tree grove and native shrubs. He believes Sylvia Welch had solicited grants, but nothing had come through. When they met with Dr. Ramo, they were interested in, specifically, what was around their research facility at the end of the Pier. She wanted some stone. They are thinking of putting two stones side by side to make a 16-foot-long stone bench and a single 8-foot stone bench. Between that and the building will just be gravel as there is an informational mural planned for the side of the building. They were also interested in a scenic circle, so they planned a 20-foot diameter circle in gravel with 3-foot stone blocks that form a circle. It is in an area where there is nothing but locust trees and brush that creates a bird habitat. They are adding a lot of bird sanctuary plantings around the northside as well. Lamont Doherty plans to pay for it with memorial money once the budget gets organized.

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The stones are coming from a stone yard in Bridgeport from an old mill. They will be delivered to the Pier and will be getting it as a memorial gift from Columbia at some point. The other plantings will either be free and done as volunteers or they won’t happen this year if Sylvia doesn’t find any money. Most of these plants are available through New York State’s Trees for Tribs program. They grow seedlings in Staten Island and get volunteers to plant them. They expanded the area to 25 feet.

Trustee Burns stated he believed Lamont was going to do the outside of their building the same as the Boathouse.

Dan Sherman stated they said they did paint it to be the same color, and they will have an electronic monitor on the right side and painted murals on the left side. He believes the outside isfinished, they don’t have money to complete the inside yet.

Building Inspector stated they put stone on the bottom and stucco on the top to strengthen it.

Dan Sherman stated Tom Temple has restored the boardwalk and some of the benches were missing. Those benches were not part of the of the memorial bench program anyway, he found two of the plaques and this will add three more benches to his bench program. One has already been selected and will be sponsored. The Bridge is being lit on October 5, 2018. The lights will not remain on for another month because the parts were not ordered yet. It will still be for or five weeks until the solar panels are there.

Trustee Burns asked if they want to put it off until it is lit completely?

Dan Sherman stated no, it has been advertised and it will be lit every night after the solar panels are installed. He met this morning with the Energy group and Tom Temple to mark out where the footings will go for the solar panel rack and Building Inspector Schaub went by and made sure the right of way was complied with. He also spoke to the Police Department and they are going to have officers directing people to park as there is no parking.

Fire Department – Chief Don Hardy was not present.Item #4 – Old Business

Village Clerk-Treasurer reminded the Board the Deputy Clerk-Treasurer sent the Board an email regarding the mandatory training taking place on October 9th at 6pm at the firehouse and she has asked everyone to rsvp. She further stated the Board needs to make a motion to schedule the public hearing on October 23, 2018 at 7:45pm for the $5,000 in lieu of park land in connection with subdivisions. At the last meeting, there was not an actual resolution made. Lastly, we received an invoice from Walsh Marine Products for the buoys that needed to be replaced in the Hudson River, which have not been replaced yet. The invoice total is $4,133.00, which the Fire Department did not budget for. She is going to try and put this through insurance for the lost buoys, but in the meantime, this invoice needs to be paid and she needs to know what budget line to take it from. Trustee Burns asked if Dan Goswick was at one time talking about putting in a different type of buoy which would withstand the storms? Village Clerk-Treasurer stated she ordered what Dan Goswick directed her to order. They are channel markers with lights. Mayor Tucker asked if the Marine Unit is part of the Fire Department? Village Clerk-Treasurer stated it is, but they do not have a budget line. They have a dive line, but this was not accounted for in their budget. Either it comes out of contingency or something else until we find out if we are going to get reimbursed for from insurance. Deputy Mayor Blomquist stated this is the first he is hearing of this. Village Clerk-Treasurer stated these are replacing buoys that were lost in the March 2018 storm and now there are, apparently, boats coming out of Tappan Zee Marina hitting a barge. Deputy Mayor Blomquist stated that barge shifted in the storm. Mayor Tucker asked how much we have in contingency.

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Village Clerk-Treasurer stated there is $15,000 in contingency. Mayor Tucker stated to take this out of Contingency. Trustee Burns asked if there is any money in economic development? Mayor Tucker stated that is all pretty much accounted for at this point.

Village Attorney reminded the Board of the fee in lieu of park land which was discussed at the September 4, 2018 meeting. He stated he spoke with the Planning Board Attorney who stated other municipalities also impose this fee for site plan development, not only subdivisions.

Mayor Tucker asked if we could schedule a public hearing for both? Village Attorney stated yes, if they Board thinks it is a good idea. The Board agreed.

Trustee Burns made a motion to schedule a public hearing on October 23, 2018 at 7:45pm on a new local law to amend the existing subdivision regulations to provide for a fee in lieu of recreation land in the amount of $5,000 or $1,000 per residential unit, whichever is greater. The motion was seconded by Trustee Mitchell and so carried with a vote of 5 ayes and 0 nays.

Trustee Burns made a motion to direct the Village Attorney draft similar legislation to amend the zoning code within the site development plan regulations to provide for a fee in lieu of recreation for residential units and site development applications. And once drafted, to refer it out to the reviewing agencies under general municipal law. The motion was seconded by Trustee Mitchell and so carried with a vote of 5 ayes and 0 nays.

Mayor Tucker stated he sent an email regarding the hours of operation on the Northshore Walkway. The Board passed it, but what happened after that? Village Attorney stated it was never put in the actual license agreement that we have with the master HOA. He put in a call to Mr. Silverberg to have him address this. Mayor Tucker stated we should finalize this and at a later date we will discuss tying this in with the Sunday pier closures. Further, he sent an email to the DEC (which he copied the Board on) and he will inform the Board when he hears anything.

Deputy Mayor Blomquist had no old business to discuss Trustee Alpert had no old business to discuss.
Trustee Burns had no old business to discuss.

Village Attorney stated when the Village acquired the train station on December 23, 2003, we bought the train station and most of the land along the old rail line was deeded to the Village from the Erie Lackawanna Railroad, except for some area of land surrounding the station itself because the station master Thomas Kelly was still alive. When he passed away, the building was vacant for a number of years and his estate was represented by an attorney, Thomas Ciganek, and the Village ended up buying that parcel of land from the estate and the purchase price was $167,381.14. At that time, the County of Rockland had an open space acquisition program and they fortuitously gave us $70,000 towards the purchase of that land. The agreement at the time was, we would cut up some of the land that was acquired and deeded to the County so they were not in the business of not just giving money away, but getting land back for the money that was spent. When that happened, we entered into discussions of who is going to get what? The interesting this was, the land that the Kelly Estate owned, cut very close to the Train Station and did not include most of the actual, physical delineated path, but that is what the County was interest in. In January 4, 2005, he corresponded with the Assistant County Attorney about the survey we had Steve Colazoul do. He told the Assistant County Attorney that we did not acquire much of the walking path, he was suggesting that we cut off some land to the North of the houseand it wouldn’t have included much of any of the walking path. The County Parks Commissionwas interested in getting the end of the path at that turn at Hudson Terrace and Ash. Subsequent to that, Brooker Engineering, he believes on behalf of Rockland County, drew up another plan that showed that the Village would subdivide the land in front of Train Station which would include the walking path. Village Attorney showed the Board the plan. He recalls that when they came back and said they want the triangle in the front, the Village Board never really moved on

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it and here we are. Nothing was done. There was no final subdivision plot generated, nothingrecorded at the County Clerk’s office and this year, someone who got a job for the County inquired what happened with this. He wrote to them with his recollection and they wrote back that they wanted the land including the walking path and he said he would bring it up with the Board. There is nothing to decide right now, but he wanted to report this right now. Trustee Burns asked if we give them what they want, does this destroy any future use that we could make of the path because they own the beginning of it? Village Attorney stated we told them we had an agreement to give them what they paid for, we didn’t have an agreement to give them part ofwhat we owned. He showed the Board a map of the outlined property of what the County is requesting. Trustee Burns stated we had envisioned if we ever needed an emergency access to the Village or something like that, he would be very much against giving them what they want, it would interfere with the use of the path in the future. Village Attorney stated also, we would be giving them something they did not pay for. Further, this raises two other issues, number 1, we had already dedicated the path as a public park and when you do that, you cannot alienate that without an act of the State Legislature and the reason we did that was because the property owner of the multi-family dwelling (John Ryan’s house) that has people come up First to accessthe rear of it, there was a time when they sued the Village to get access over this and we defended the lawsuit and prevailed and made sure this was dedicated as a park so no one could drive over it to get to the rest of the path. It is very difficult to alienate, convey or sell anything that has been declared a Village park. Part of what they are seeking to get may be part of the right of way for Hudson Terrace and that is a street. Discontinuing a public street is another process. He told them in his email that he would talk to the Board about it. He feels we shouldwrite back and say that wasn’t our agreement, we are happy to give you part of what you paid foras that was part of the deal and we did take $70,000 from them but conveying Village land raises these two important issues which we need to figure out. Trustee Mitchell asked what will happen now with the landscaping proposal? Village Attorney stated when we did this deal with them, there was a contract, then they assigned the deal to us, then there was an inter-municipal agreement. We would convey part of this to them, but we would always maintain and insure itand we have lived up to that. Mayor Tucker asked this wasn’t just a case of the County forgot tofile the map? Village Attorney stated he doesn’t think that was the case, they wanted somethingdifferent than we wanted to convey so when he wrote to DeStefano in 2005 stated he wanted them to take the land north of the house and he said no the wanted the path and land east of Hudson Terrace, the Board said they would get back to them. Trustee Burns stated there is probably no one there that has the history the Village Attorney has anyway. Village Attorney stated the only one who is still there is Alan Beers who is now runs all the County Parks andinsisted this was done and the subdivision map was filed, and it wasn’t as he checked with theCounty Clerk’s office. Ken DeStefano has been working with New York State Teachers. Mayor Tucker asked who even thought of this? Village Attorney stated he thinks it was someone who got hired by the County and was looking around trying to inventory their parks and somewhere saw a note they were supposed to have a small park in Piermont. You would be talking about them owning 1/20 of an acre in a triangle covering the very tip of that walking path. He will write them back and raise the two important issues.

Trustee Mitchell had no old business to discuss.

Item# 5 New Business

Village Clerk-Treasurer had no new business to discuss. Trustee Burns had no new business to discuss.
Mayor Tucker had no new business to discuss.
Trustee Alpert had no new business to discuss.

Deputy Mayor Blomquist had no new business to discuss Trustee Mitchell had no new business to discuss.

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Item #6 Other Non-Agenda Items:

Dan Sherman stated Maggie Cohen, daughter of Bob and Rosemary Cohen, sent a $1,000 check to the Village to sponsor two planks for the benches for the drawbridge. Originally, the plankswere going to be from the Old Oak tree in Sparkill that was taken down, but that would’ve takentoo long for them to cure, so they had to buy them and they were $802.

Item #7 Appoint Police Surgeon Dr. Charles Dutkowsky

Trustee Burns made a motion to appoint Dr. Charles Dutkowsky as Police Surgeon to the Piermont Police Department. The motion was seconded Trustee Mitchell and so carried with a vote of 5 ayes and 0 nays.

Item #8 7:45pm Public Hearing to amend Fee Schedule for Planning Board continuations

Village Attorney stated this is a public hearing to amend the fee schedule in the Village of Piermont, which is part of the Village Code, not the zoning code. Presently, there is no continuation fee for items after a second appearance on the Planning Board. The Village then lays out money to publish it and keep the item open. The concern is the applicants to do not have much of an incentive to wrap up their projects and will keep an item open in front of the Planning Board for an extended period of time without paying anything additional. Staff time, processing time, publication time the Village could take a hit on it. They Planning Board suggested the Village impose a fee, commensurate with fees charged by other municipalities. $200 for each continued item after the second appearance before the Planning Board and $150 for publication. Other amendments included were that no applications were going to be considered and no one would be making any appearances until all fees are up to date, including continuation fees and no outstanding code violations are on the premises. This has been referred out and we published our intent to declare this a type 2 actions under SEQR. It does not affect the environment, that is administrative regulations. He prepared a short adoption resolution.

Trustee Burns made a motion to open the public hearing at 8:05pm. The motion was seconded by Trustee Mitchell and so carried with a vote of 5 ayes and 0 nays.

Daniel Spitzer, asked if there is any mechanism whereby the Planning Board can waive the fee under extenuating circumstances? For example, if it is a complex application, the Village Engineer does not have time to complete his evaluation, he would hate to see the applicant need to pay an additional fee because of a delay by the Planning Board.

Trustee Burns asked if they is something they could let the applicant know ahead of time andthere wouldn’t be an appearance and therefore, they wouldn’t be in that penalty situation?

Building Inspector stated it should work the way Trustee Burns suggested. We give the applicant a deadline and it is always a day late, which puts stress on the Village Engineer to get everything processed. It is supposed to get to us in a timely manner. He believes if we hold to our timelinesand people don’t get to come back and therefore they wouldn’t be burdened by the fees.

Daniel Spitzer stated another example is the Planning Board might not have a quorum if a member should need to recuse himself. He would hate for there to be no out or way for the Planning Board to be able to mitigate these fees or fines under extenuating circumstances.

Village Attorney suggested “Fee for continuation of agenda items: $200 for each continuedagenda item after the second appearance before the Planning Board following the date of this effective local law, unless the Planning Board finds, in its discretion that such delay was not occasioned by the Applicant, and $150 for each publication.

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Trustee Burns made a motion to close the public hearing at 8:15pm. The motion was seconded by Trustee Alpert and so carried with a vote of 5 ayes and 0 nays.

Trustee Burns made a motion to accept the resolution as drafted with the amendment as discussed. The motion was seconded by Deputy Mayor Blomquist and so carried with a vote of 5 ayes and 0 nays.

Item #9 7:45pm Public Hearing to amend The View on the Hudson’s Special Permit to allow erection of a storage shed on its premises

Village Attorney reminded the Board that this type of restaurant use a The View is permitted by Special Permit. Special Permits are annual renewals and they are renewed automatically, provided that the applicant has complied with any conditions in the permit itself, or if they don’ttry to expand or change their use. In this case, the erection of a shed is something different that was permitted under the original special permit, so the Board has to consider it to an amendment to the Special Permit. The Applicant was previously before the Board and told us what the idea was. The comments of the Planning Board are back and now it is here for the Boards consideration. When the Planning Board listened to an amendment, the Village Board entertains the applicant, comes to a consensus on the application and he drafts up a Special Permit. ThePlanning Board’s recommendation on this is it needs the Village Boards review.

Trustee Burns made a motion to open the public hearing at 8:18pm. The motion was seconded by Trustee Mitchell and so carried with a vote of 5 ayes and 0 nays.

No Public Comment

Trustee Burns made a motion to close the public hearing at 8:19pm. The motion was seconded by Trustee Mitchell and so carried with a vote of 5 ayes and 0 nays.

Trustee Burns stated the Planning Board raises a lot of good issues and when this Board saw it at the last meeting, it looks like the material they are making it out of is a composite shed you put in the back yard of a house and the location is in front of public view, right off the square. He thought the look of the shed and the position of the shed is not something we would want at the location.

Mayor Tucker asked, what if they were to put tall bushes around it? If we were to require that in order to grant this, they must plant shrubbery that will cover the entirety of it?

Trustee Burns stated it still has a shed appearance. And with regular use, those types of shedsstart falling apart. He doesn’t think this is the right place for it. They have a big facility, he is not sure why they want to store chairs outside. When we look at the cell towers, we want it decoratednicely, but we would permit them to put up a shed that you would buy at Lowe’s or Home Depoton the front lawn?

Mayor Tucker stated if it was hidden by shrubbery, you wouldn’t see that.

Trustee Alpert stated the recommendation of the Planning Board was that if they do shrubbery and submit a landscape plan, which the Board needs to see.

Trustee Mitchell stated he believes it is possible for landscaping to be an obstruction to the viewscape. Just because it is landscaped doesn’t mean it is not interfering with the view.

Mayor Tucker stated the Planning Board brings in the fact that the shed is going to be obstructing view of the River from the facility itself. He believes it is their business and if they want to block their own view, that is their business, but on the other hand, he thinks we would have to get some assurances or work out a plan of landscaping, so we know.

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Trustee Alpert stated another issue the Planning Board brought up in their recommendation is this is for outdoor use events and there are not too many outdoor use events now, so is this a change?

Mayor Tucker stated they have many outdoor weddings, so that is not a change. Mayor Tucker asked where the chairs are stored now?

Joseph, on behalf of The View, stated the chairs are stored inside and it is difficult for them to bring the chairs in and out all the time. Their plan is to have fern and arborvitae completely cover the shed the arborvitaes at least 6 feet, completely covering the shed and it will never be seen. He plans to plant at the same time of the construction of the shed, the dirt is already there to plant.

Mayor Tucker stated there is also a requirement to keep it 3 feet from the building.

Joseph confirmed that is also in the plan.

Trustee Burns stated he is not happy with the material of the shed. He understands that the chairs are kept inside now and it might take them a little more effort, but to let them put up a compositetype shed even with the screening, arborvitae die on the bottom and he doesn’t believe that isenough screening. If they want to move the chairs outside, let them put up a structure that goes with the building and they can put some bushes around it. He agrees with what the Planning Board says and he does not want to rush to judgment.

Trustee Alpert agreed with Trustee Burns.

Trustee Burns stated he believes they need to come up with a better plan than what they havenow. He stated he doesn’t like the way it looks in people’s backyards and not right off thesquare. They do not have a lot of property there and no matter how you hide it, it is not far off the roadway.

Trustee Alpert stated it is the walkway, so if somebody is going for a stroll from Flywheel Park walking along the North Walkway, it is their property, but it is that view.

Trustee Burns would like them to come back with a suitable structure to house the chairs outside and protect them against the elements.

Trustee Mitchell added that it should architecturally match the existing building, rather than the pre-fab shed. He also requested they come back with a landscaping plan.

Trustee Burns asked what the reason was to keep it a certain distance from the building?

Building Inspector Schaub stated it is State code. If it is part of the building, it could be right up against the existing building.

Mayor Tucker told the Applicant they are considering the application, but the Board wants them to come back with a new plan of a more permanent structure that matches the building architecturally with a landscaping plan.

Mayor Tucker stated the main concerns he has heard from people is the fact that it is on the side of the park and asked if there is anywhere else this structure can be built?

Joseph stated he wish there was, he would have done it. He asked Trustee Burns what he is looking for architecturally as his building is all glass?

Trustee Burns stated it has something above and below the glass. He is not an architect, but someone can come up with a nice plan to match or complement the existing building, or not to be offensive at least.

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Trustee Burns asked if this will then have to back to Planning?

Village Attorney stated if it is substantive change it will have to go back to Planning Board.

They must submit to the Planning Board before they come back to the Village Board.

Mayor Tucker suggested they try and get this into the Planning Board for their October 17, 2018 meeting so it can come before the Village Board on October 23, 2018.

Item #10 8:00pm Public Hearing to amend New Cingular Wireless Special Permit

Mayor Tucker stated this public hearing is adjourned until further notice.

Item #11 Presentation on Oyster Project Pilot by Nicole Laible of Rockland County Soil & Water Conservation District

Nicole Laible and her colleague gave a presentation to the Board. They will have, at maximum, 3 or 4 events and she will get those dates to the Village Clerk-Treasurer.

Item #12 Discussion on increasing Lot Fees

Village Attorney stated he will be drafting a resolution for subdivision purposes.

Item #13 Review Flood Plan model and discus funding from the Economic Development Budget Line

Trustee Mitchell showed the Board a 2D picture of what the model will look like. They are not quite finished with the overlays for sea-level rise, but there will be an overlay for 3, 6 and 9-footwater. This is will be a full color 3D print out made of 3 individual tiles, 36” x 36” with a basethey are mounted in with the ability to substitute tiles in the future. The print shop requires 2.5 weeks to produce it and few days to ship it. He has been working with a designer and they are hoping they can finalize the overlays in the next day or two. The printer has requested that we issue a purchase order.

Trustee Burns believed, from the last meeting, Village Clerk-Treasurer stated there were enough funds in the Economic Development Line to cover this, so a purchase order can be issued.

Mayor Tucker asked if the intention was keep it on permanent display?

Trustee Mitchell stated he was thinking near the Building Department would make sense. It will be in Village Hall for their October 22nd meeting, but after that it could be moved. There have been discussions of various presentations throughout the Village with the model at the library.

Item #14 Resolution to Adopt Rockland County Multi-Jurisdictional Natural Hazard Mitigation Plan

Village Attorney stated this is something that has been developed with Chris Jensen over a period of time and they are asking all of the municipalities in Rockland to adopt this. We have our own local plan and the state law has some provisions that supersede this, it is a lot of notification procedures, but he suggests the Board adopts this. If there is a natural disaster, he thinks we would benefit greatly.

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Trustee Mitchell made a motion to adopt a resolution to adopt Rockland County Multi- Jurisdictional Natural Hazard Mitigation Plan. The motion was seconded by Deputy Mayor Blomquist and so carried with a vote of 5 ayes and 0 nays.

Item #15 Resolution Appointing Toby Daschbach as Planning Board Member

Trustee Burns made a motion to appoint Toby Daschbach as Planning Board Member. The motion was seconded by Trustee Alpert and so carried with a vote of 5 ayes and 0 nays.

Item #16 Resolution appointing Ed Nelson as an Alternate Planning Board Member

Trustee Burns made a motion to appoint Ed Nelson as Alternate Planning Board Member. The motion was seconded by Trustee Alpert and so carried with a vote of 5 ayes and 0 nays.

Item #17 Request from Piermont Historical Society for approval of plan to landscape the Train Station

Patty Panayotidis stated they worked with Dan Sherman on the landscaping plan and Arbor Hill is going to be doing a lot of the work and Tom Temple will be helping out a little bit. The site work will include grating out the property on the North and South sides of the building to enlargethe parking area to 36’ and 30’. They will take existing boulders on the property and 10 bouldersthat are in Half Moon Park and outline the area and curve out to the road. They are going to remove the dead trees. Along the northside of the building there is a little area that is going to be a little area that hopefully will have a train climber in the future for kids. Currently they will put in a wooden railroad tie and filled in with pea gravel. In front of the station, they would like a train mock up. They are working on grants for a greenway sign, which will be in front of station. The weeds will be removed and new plantings between the path and Hudson Terrace. This should not be very high maintenance landscaping. They have started a Station Masters garden. They are going to continue the existing boardwalk in front of the station and wrap it around and hopefully put a new bench on the other side. The Piermont Historical Society will be paying forthis, which is currently priced at $18,625. The Village’s responsibility will be Tom Templehelping remove the trees. The Village also gravels in the trail, so they would also probably have to provide more gravel in the parking area.

Trustee Burns made a motion to approve the landscaping plan as described by the Piermont Historical Society at the Train Station. The motion was seconded by Trustee Mitchell and so carried with a vote of 5 ayes and 0 nays.

Item #18 Review Blueshore Engineering’s balance due for work done on the Piermont Pier

Village Clerk-Treasurer gave copies of the ongoing correspondence from last year to the Board to refresh their memory.

Mayor Tucker stated three of the current members of the Village Board were not on the Board when this was happening. However, he attended the meeting when they sent their representative to clarify their bills. His recollection is, there was a lot of confusion of what they were authorized to do and what they did do. Like Ferry Road, they did work that they told they had to first come to the Village Board for approval for, which they did not do.

Deputy Mayor Blomquist stated he spoke to Richard Gilbert of Blueshore about a month ago about this. This situation is a little bit different than Ferry Road. They were dealing directly with members of the Fire Department who basically said to them, go ahead and do this.

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They were laboring under the assumption that they had Board approval to work on this even when they did not. The flip side of this is, this is work that needed to be done in order to get the permits, so yes it was technically unauthorized, but they thought it was authorized and in order to get this built, they had to have this work done.

Trustee Nate Mitchell asked about Invoice# 160585-04 dated 11/28/17 and there are 8 specific line items that reference the LWRP. He is not sure if they were working on something besidesthe dock for us, because he doesn’t understand how the LWRP is involved. Is this part of thefunding that Sylvia got for the LWRP update?

Deputy Mayor Blomquist stated he was unsure and he will call Richard Gilbert and ask about it and report back to the Board at the October 9, 2018 meeting during Old Business.

Mayor Tucker stated we did not budget for this, where does this come from if in fact we want to pay this and is this something like with Nicky Diggs with how much was authorized by the Board and how much was not, and make them an offer.

Deputy Mayor Blomquist asked for the two weeks to speak to Richard Gilbert and see what can be worked out.

Item #19 Review Financial Audit Report for May 31, 2017

Deputy Mayor Blomquist stated this is essentially a report card of how well the Village performed based on what was budgeted for. For this fiscal year, the taxes raised compared to ‘16is essential flat, it is .7% difference. In terms of revenues in the actual budget, we raised 3.6% more money than we had budgeted for. The bulk of this was that we received $100,000 more in revenues from grant money, which we did not budget for, getting $60,000 more in surplusequipment sales that we didn’t budget for and generating $32,000 more in building permit fees then we thought we were going to get, so we came out almost $200,000 ahead. The expenditure side was also very good. We spent 4.6 less than we had budgeted. The bulk of that was mainly due to lower DPW expenses then we budgeted, the bulk of which was lower contractual expense for some of the street paving that year and we also spent $65,000 less in employee benefits which mandate by the State that year and we had spent $43,000 more on public safety, a combination of Police and Fire which offset some of that. For the year we ended up with a surplus of $420,000, we used $306,000 of that to pay off debt and we added $113,797 to our Fund Balance. We began the year with a Fund Balance of $1,081,166 adding the $113,797 brought it to $1,194,963. The Fund Balance is essentially equal to stockholder’s equity whencomparing it to a non-municipality company. In 2016 we had $3million in debt $432,956 was short term debt payable in a year and long-term debt was about $2.6 million. A lot of it was paid down. The short-term debt went down to $271,000 and the long-term debt went down by $400,000. Our current outstanding debt as of May 31, 2017 is $2.5 million. Our long-term debt is at 6% of our constitutional debt limit, if we had to, we still had 94%. The short answer is, we did very well and met all of our budget goals and the Village is very healthy financially as of May 31, 2017. The debt number change every year as things get paid off and as you buy other things. The goal is keep them relatively constant. You don’t want it going way up or way down.

Mayor Tucker stated the accountant is currently working on our budget year ending May 31, 2018 audit, so we should have that in about a month or so.

Deputy Mayor Blomquist stated the 2016 audit was done very differently from the 2017 audit. The quality of the work in the 2017 audit was much higher than the 2016 audit.

Village Clerk-Treasurer stated Dave Wemmer was in last week, that Gazby report came in and the bank recs are done and now that we have switched over to Quickbooks, the audit is much quicker for Dave.

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Trustee Burns asked if there is a simplistic format to let our residents know what kind of shape the Village is in financially?

Mayor Tucker stated this information is all public. Last year there weren’t any Bonds floated, so essentially the Bond debt will be less as we paid down and didn’t take anything new.

Item #20 Public Comment

Jeffrey Garcia, 63 Ohio Street – He has lived here 2 years in January. He loves the area, but has one issue, but new coming in as his real estate agent told him. When it is high tide, water comes up from the sewage. It is not coming from above, but underneath. He asked if there is a way that could be rectified with a check valve or something where sewer drainage hits. He took some pictures today. If you hit the trifecta of high tide, full moon and bad weather, it is worse and dangerous. There was a point when there was a wind storm and raining for 3-4 days and a lot offlooding. If an ambulance had to get back there, he doesn’t think it would’ve made it. If it was coming from above, he would understand it would a lot more difficult, but it is coming from below and is just two sewages.

Mayor Tucker asked him who told him it was coming from the sewer? Mr. Garcia stated he saw it himself.

Trustee Mitchell stated we should clarify the distinction between the storm drains and sewer. Mr. Garcia stated it is storm drains, it is coming from underneath the grates.

Trustee Mitchell asked Mr. Garcia if, when he purchased the home, did he receive an elevation certificate?

Mr. Garcia was unsure, but he does have flood insurance.

Building Inspector Schaub stated the house is built on pilings and was built to code when it wasbuilt, but by today’s standards it is still too low by a couple feet.

Mr. Garcia stated this is happening on a consistent basis. Anytime it is high tide. Trustee Burns asked if the storm drains are the Villages or the County’s?

Trustee Mitchell stated he does not believe they are actually something we installed and/or control. But he believes there is a larger issue here, he thinks that property is at an elevation slightly less than 4 feet NADD 88 and the tide cycle, any time there is a full moon is higher than that. He stated the problem with a check valve is (as we do have one in the River Lot) that if the water level in the River is in excess of the check valves discharge level, the check valve closes and any water that comes down the hill from rain just accumulates like a bucket. That is why theRiver Lot floods even when the tide isn’t high enough to come over the banks. It’s because thestorm water run-off can’t run off into the River because the River is already about the same height as where the run off goes. There are similar issues by Ohio Street and even if there was a check valve and it was raining, it would run off the same way. If the tide is out and the valve is open, there could be some drainage. Simply installing a check valve doesn’t prevent it fromturning into a bucket.

Mr. Garcia stated he doesn’t think the same amount of water would accumulate.

Building Inspector Schaub stated that Maggie stated (as she lives in that area also) she no longer thinks the check valve works, that the water is backing up and there is some type of clock. She felt the water in Lot D never drains anymore and it used to drain.

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Trustee Mitchell stated he doesn’t believe there is a check valve in that area. The only one he knows of is by the River Lot. They cost a lot of money and he doesn’t think we put themanywhere else. He stated it probably is backing up if the River is already too high, then the water has nowhere to go. He stated on Paradise Avenue they made curbs with cutouts, so water could flow in and out.

Mr. Garcia stated even the days it’s been really bad, he doesn’t see water coming from above.

Mayor Tucker asked if there is a culvert under Paradise off of the Marsh/River that comes through that culvert along the side of the property that borders Lot D and some comes down and pools in the exact area Mr. Garcia is talking about, including the DPW lot.

Mr. Garcia stated he never sees water pooling there. It only happens when there is high tide. When it is raining, there is no water there, it is fine. He asked if this can be looked into?

Mayor Tucker stated Mr. Garcia should speak to Tom Temple. As far as the flooding issues, we are working on it.

Trustee Mitchell stated the storm drain that is connected on Ohio Street also goes up the hill. If there is a lot of water going into the system up the hill and he is at the low point, it is going to flow out at that low point just as it does in the River Lot. That is not a matter of putting in a check valve, that would mean diverting the water from the rest of the Village somewhere else and not into the same shared storm drain.

Mayor Tucker suggested Mr. Garcia speak to Tom Temple.
Mr. Garcia suggested to close the two storm drains, that might be a better solution.

Trustee Mitchell stated that was a interesting thought and suggested he come in October 22, 2018 and voice his opinions.

Item #21 Executive Session to discuss a personnel matter

Trustee Burns made a motion to enter Executive Session at 9:35pm. The motion was seconded by Trustee Alpert and so carried with a vote of 5 ayes and 0 nays.

Trustee Burns made a motion to exit Executive Session at 9:55pm. The motion was seconded by Trustee Mitchell and so carried with a vote of 5 ayes and 0 nays.

No action was taken in Executive Session.

Item #22 Adjournment

Trustee Burns made a motion at 9:55 pm to adjourn. The motion was seconded by Trustee Mitchell and so carried with a vote of 5 ayes and 0 nays.

Respectfully submitted,

Jennifer DeYorgi Clerk-Treasurer

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