Meeting Minutes

February 4, 2014

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

February 4, 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 everyone in the Pledge of Allegiance.

 

Public Comment

Ann Putko a resident of Piermont referred to an email addressed to the board and to Rockland County elected officials regarding scheduling an event on the Pier to commemorate the 70th Anniversary of D-Day.  She is in the process of organizing the event which will honor the 500,000 soldiers that embarked from Piermont.  She will be seeking approval from the board and will provide more details of the event as they are scheduled.

 

Mayor Sanders confirmed he received her email and he expressed interest in scheduling a memorial event to honor the Soldiers of D-Day.

 

Approval of Minutes

 

Trustee Defeciani, moved to approve the minutes from the January 28, 2014 meeting of the Board of Trustees.  Trustee Gallucci Jr. seconded the motion, which carried by a vote 5-0.

 

 

Department Reports

 

DPW

DPW Superintendent Tom Temple -absent

Fire Dept.

Chief Cavanaugh – absent

 

Police Dept.

Chief O’Shea will submit his monthly report and had nothing additional report

 

 

Building Dept.

Building Inspector Charles Schaub submitted his monthly report, and is currently working with Hudson Micro Imaging to digitize the building department records.

 

Request from Dennis Whitton to waive provision of noise ordinance for live music at Pier 701

Dennis Whitton owner of Pier 701 requested permission to allow live music Friday and Saturday until 12:30 a.m.; He is requesting the extension because the bands do not start performing until 9:30pm which does not provide them ample time to perform.  He is also working diligently to keep the noise at a minimum so it does penetrate past the property lines and affect the surrounding neighbors. 

Mayor Sanders questioned Village Attorney Walter Sevastian regarding the legalities of waiving a provision of the noise ordinance.

Village Attorney Walter Sevastian reported the applicant is requesting to allow live music past the noise ordinance which is a prohibited by Village code. He referred to another section of the noise ordinance which states amplification of sound beyond the property lines at any time is

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prohibited except by special permit by the Board of Trustees.  There have been special permits issued for special events, however he does not think the code was written for this type of request.

Trustee Silverberg requested clarification from what Mr. Whitton, referring to his comment that the amplified music will not penetrate the surrounding property lines, but at the same time he is asking for a waiver.  He referred to Village Code stating music can be played at anytime as long as it does not penetrate property lines.

Dennis Whitton replied he is trying to work with all neighbors and wants to abide by the law.  He is confused with the law and thought he could not play any music after 11:00pm, but would like the special permit to play the music anytime but stay within the noise ordinance.

Trustee Silverberg requested the Village Attorney confirm Village Code to Mr. Whitton – that he can play music at anytime providing the sound does not go past the property line.

Village Attorney Walter Sevastian confirmed Village Code states that if sound does not penetrate property lines it is permissible. 

Dennis Whitton commented he was confused with the local law he intends to bring the noise down and will abide by the law.  He withdrew his request.

Public Hearing (7:45) Local Law #1 of 2014 amending Chapter 134 of Village Code entitled “Noise”

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

 

Village Attorney Walter Sevastian reported one of the modifications to the local law was to include Business District A & B; when the zoning code had changed it was not reflected in the noise ordinance.  The second modification deals with the operation of any mechanically powered saw, sanders, drill, grinder, lawn or garden tool, lawnmower or similar device used outdoors in residential areas shall only be permitted between the hours of 8:00am and 6:00pm on Mondays through Fridays; between the hours of 9:00am to 5:00pm on Saturdays;  and between the hours of 12:00noon and 5:00pm on Sundays and legal holidays, except in case of emergency in the interest of the public. 

 

Ann Putko a resident of Piermont commented she is on the Orangetown environmental committee and would like to address the inappropriate use of leaf blowers which endangers the health and wellbeing of the residents.  The noise from the leaf blowers makes it impossible for residents to work from home, and enjoy their yards.  The use of leaf blowers also diminishes the quality of health, and lowers property values she is requesting to modify the noise ordinance.  Shereferenced other communities in Westchester that have adoptednoise ordinances that restrict the use of leaf blowers.   She hopes the board will consider placing a provision restricting leaf blowers.

 

Mayor Sanders questioned Mrs. Putko if she wants to place restrictions on the use of leaf blowers or ban them entirely.

 

Mrs. Putko replied she would like the use of leaf blowers restricted in the summer months so the children can play outside without inhaling dangerous dust particles.  She believes providing an education to residents of the dangers it creates, it would encourage residents not to use them.

 

Lorraine Shaw lives in Lawrence Park also expressed concern with leaf blowers.  The use of leaf blowers from the landscapers prevent her from talking on the phone and leave   levels of dirt/silt on her window sill.  She referred to a statistical report that 26 million Americans between the ages of 20 to 69 have hearing loss from the use of lawn mowers, leaf blowers and shop tools.

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Susan Cohen commented she would like one day a week to have restrictions on all noise.  She expressed concern regarding noise and pollution from the leaf blowers.  She believes the use of leaf blowers it is a determent to the property values, along with it reducing the quality of life and well being.  She suggested issuing a study on leaf blowers

 

Lisa DeFeciani questioned if the change in hours apply to both individuals and commercial contractors.

 

Village Attorney Walter Sevastian replied yes.  Rockland County Dept. of Licensing provides a copy of the Local Law when they are issuing licenses to the contractors

 

Doug Pudder questioned if the restricted use includes anything that produces noise. He questioned if the use of a generator in the event of a power outage, or in an emergency he needs to use a snow blower to get out of his house.

 

 

Mayor Sanders commented it’s an interesting point but thinks the intention of the local law is to prohibit a neighbor wanting to do landscaping early in the morning.

 

 

Walter Sevastian commented it is impossible to write every exception into the law, but he believes in the event of an emergency the Police Department will use discretion when issuing violations.

 

Chief O’Shea commented the Police Department will use their discretion before issuing any violations.

 

Trustee Blomquist commented the modifications of the law are reasonable.

 

 

Trustee Silverberg commented he thinks the law is fine, the language follows provisions other mucipiliaties have adopted.  The noise ordinance requires some discretion and is difficult to define, however it provides a way to control noise.  He referred to Ann Putko’s request to restrict leaf blowers and commented he had previously drafted a noise ordinance for another municipality restricting leaf blowers from June 1sth thru September 30th, with exceptions for utility companies, school authorities, municipalities, and in the event of a storm.   

 

Mayor Sanders suggested further discussing and addressing the restriction of leaf blowers at another meeting.

 

Joan Gussow a resident of Piermont questioned the hours of the new law

 

Mayor Sanders responded with a review of the modifications to the local law

 

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

 

Trustee Silverberg moved to adopt Local Law #1 of 2014 to amending Chapter 134 of Village Code entitled “Noise” including SEQR findings. Trustee DeFeciani seconded the motion, which was carried by a vote 5-0.

 

 

RESOLUTION OF THE VILLAGE OF PIERMONT BOARD OF TRUSTEES

STATE OF NEW YORK

 

 

 

 

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COUNTY OF ROCKLAND: VILLAGE OF PIERMONT

——————————————————————–X

In the Matter of the Amendment to

Chapter 134 of the Code of the Village

Of Piermont entitled “Noise”

——————————————————————–X       

WHEREAS,  the Village Board of the Village of Piermont has noticed a Public Hearing with regard to an amendment of Chapter 134 of the Village Code, the Noise Ordinance of the Village of Piermont.

WHEREAS, a Public Hearing on the adoption of these proposed amendments to the Noise Ordinance in the Village Code was held on February 4, 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.

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 makes the following findings under NYCRR §617:

 

a.         That the Board has reviewed the EAF prepared in relation to the proposed amendments to the Village Code with a view to identifying potential environmental concerns.

 

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b.         That the proposed adoption of modifications to the Village Noise Ordinance will serve to codify and further clarify restrictions (as to location and time restrictions) on noise levels which may adversely affect residents of the Village of Piermont.

 

c.         That the proposed modifications to the Village Noise Ordinance will have no negative environmental impact, and in fact are designed to prohibit the potential negative environmental impacts of excessive noise levels within the Village of Piermont.

 

BE IT FURTHER RESOLVED, that the Village Board of Trustees hereby adopts the proposed local law to modify Chapter 134 of the Code of the Village of Piermont, the Village Noise Ordinance, and directs the Village Attorney to file the adoption Resolution with the Village Clerk.

This resolution was adopted by a unanimous resolution of the Board of Trustees at the regular meeting of the Board on February 4, 2014.

 

 

Request from Judy Flagg to hold a memorial at the end of the Pier on March 13, 2014 to Honor Melissa Dimataris

 

Judy Flagg introduced herself as a nurse at the Tappan Zee High School. Melissa Dimataris was one of her students that graduated Tappan Zee High School in 2009 and in her freshman year at college was diagnosed with leukemia.  She commented Melissa was an inspiration to many, she never complained; she stayed active and even graduated college.  Unfortunately she lost her battle last fall.  The Tappan Zee High School students wanted to have a last farewell to honor Melissa for her inspiration and courage.  She requested to hold a memorial for Melissa at the end of the Pier on March 13, 2014 from 6:00pm to 7:00pm.   The event will include the Tappan Zee high school chorus, members from the blood drive, and they will release biodegradable sky lanterns.

 

Mayor Sanders thanked her and explained to her it’s a park its open for anybody to use it’s just not exclusive for any event.

 

Judy Flagg welcomed members of the community to attend the event

Chief O’Shea reported the event will have no impact.

 

Trustee Silverberg moved to approve the Memorial to Honor Melissa Dimataris at the end of the Pier on March 13, 2014 from 6:00pm to 7:00pm. Trustee Blomquist seconded the motion which carried by vote 5-0

 

Request from the New York Cycle Club to hold Charity Bike ride Escape New York

A request was made from the New York Cycle Club Escape New York Charity Bike Ride on Saturday September 20, 2014. 

 

Chief O’Shea advised the event will have no impact.

 

Trustee Gallucci Jr. moved to approve Escape New York Charity Bike Ride on Saturday September 20, 2014.  Trustee DeFeciani seconded the motion, which carried by vote 5-0.

 

 

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Review Accountants JH Cohn/Reznick 2nd Quarter report FYE 2014

Mayor Sanders presented JH Cohn’s Fiscal 2nd Quarter Report to the board, (thru November 30, 2013) which found a few overstated revenues and a few expenditures which were over budget.  The Mayor concluded that a few of the over budgeted expenditures were due to Hurricane Sandy, and the overstated revenues are not actual as some revenues are received at various times during the year.

 

Trustee Blomquist reported the fire Department vehicle repairs line is over budget, which two of the vehicles have been put up for surplus and the new Ambulance and Pumper will be delivered within the next 2 to 3 months.  He will request budget transfers for the Fire Department line. 

 

Trustee Silverberg asked to further review the Village Engineer’s line that has gone over budget.

 

Mayor Sanders requested the Village Clerk to review the Village Engineer’s Contractual Expense line, and to provide an update at the next Village Board meeting

Review Financial Audit Report FYE 2013

Mark Blomquist summarized the Fiscal Year End 2013 and reported the Property assessments decreased .41%; property taxes increased 1.86% from the previous year.  He reported a revenue short fall of 1.8% than budgeted and overestimated expenditures by 7.64% less than budgeted.  The Fund balance increased by 29.44% and the Village is within the constitutional debt limit at 6.3%.  There were no significant deficiencies in internal controls that were identified.

 

Mayor Sanders thanked Trustee Blomquist for his report

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $  74,884.45, attached to the Minutes.  Trustee Gallucci Jr. seconded the motion, which was carried by a vote of 5-0.

 

Old/New Business

 

Village Attorney Walter Sevastian had submitted a letter to advise the Board that he represented both Bette Lowey and Claudia Kempton in his private practice several years ago.  He no longer has an attorney-client relationship with either of these individuals.  Ms. Kempton presently has a Site Plan application relating to the construction of a deck pending before the Village Board.  He currently does not have an attorney-client relationship with either Ms. Lowey or Ms. Kempton; and his prior representation of these individuals would not, in his opinion, impair his job function of providing legal advice to the Board of Trustees with respect to the Site Plan applications and the potential opposition thereto. 

 

Trustee Silverberg reported he scheduled a meeting on February 11, 2014 with the Historical Society to discuss their plans for fundraising and the implementation of programs regarding the Train Station .

 

Mayor Sanders scheduled a workshop regarding the Fire Department’s Service Awards Program on Thursday February 13, 2014 at 7:00pm. 

 

Executive Session

 

Trustee Silverberg moved to enter into Executive Session to personnel issues.  The motion was seconded by Trustee DeFeciani and upon vote the Board entered Executive Session.

 

Trustee Silverberg moved to exit Executive Session, which was seconded by Trustee Blomquist, and upon vote the Board adjourned Executive Session.

Trustee Silverberg moved to authorize Chief O’Shea to retain Counsel Richard A. Glickel at a rate of $225.00 an hour, not to exceed $5,000.00.  Trustee Gallucci Jr. seconded the motion which carried by vote 5-0

 

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Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 8:55 pm. Trustee DeFeciani seconded the motion, which was carried by a vote of 5-0.

 

                                                                                               

                                                                                                           

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer