May 21, 2013

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

May 21, 2013

 

 

Present:  Mayor Christopher Sanders, Deputy Mayor Mark Blomquist, Trustee Lisa DeFeciani, Trustee John Gallucci  Jr.,  Trustee Steven Silverberg (entered the meeting at 8:35pm), Walter Sevastian, Esq.-Village Attorney, Stephanie Tassello-Village Clerk-Treasurer.

 

 

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

 

Public Comment

Karen Brown a member of the Piermont Community Garden requested to hold the annual Summer Solstice at Parelli Park on June 20, 2013 from 6:00pm to 10:00pm.

 

Trustee Defeciani moved to approve the annual summer solstice at Parelli Park on June 20, 2013 from 6:00pm to 10:00pm.  Trustee Blomquist seconded the motion which carried by vote 4-0

 

Bob Samuels questioned if there are any updates regarding the DEC Permit plan to restore the Piermont Marsh.

 

Mayor Sanders reported he had sent letters toNYS Senators and the NYS Assembly representatives.  He also reached out to Brian Coneybear (referred by John Lipscomb of Riverkeeper) Special Advisor to Governor Cuomo. Mr. Conybeare sent a letter in response, which the Mayor read aloud;

 

This letter is a follow up to our discussions about including the Community and Piermont Village leaders in the environmental mitigation efforts at Piermont Marsh as part of the New NY Bridge Project Compensatory Mitigation Plan.

 

The NYS Thruway Authority and the Department of Environmental Conservation are committed to including public input as part of the process.  As required in the DEC permit dated March 25, 2013, a draft plan is being developed by the project team and is due to the submitted to the NYS DEC by June 24, 2013.  The draft plan will set out a conceptual approach for the preparation of a detailed final plan.  A draft plan will be made available to village official’s residents and other stakeholders before anything is finalized.  The permit allows seven years to complete any mitigation efforts in Piermont Marsh.

 

The New NY Bridge Community Outreach Team will work with you to schedule public meeting(s) and smaller work session(s) to take input, discuss options and address any concerns.

 

In the meantime, fee free to contact me with any questions.

 

Sincerely,

 

Brian Conybear

Special Advisor to the Governor

The New NY Bridge Project

 

The Mayor also acknowledged receipt of a Memo from members of Piermont’s local waterfront Revitalization Program (LWRP) regarding their opposition to NY State’s proposal to “eradicate” Piermont Marsh phragmites.

 

Marthe Schulwolf commented she has been a resident of Piermont since 1993.  She has organized and campaigned against the use of herbicides which she received an award in 2002 from the DEC for her dedication to the environment. She is hoping to organize a group of volunteers to rally against the DEC for their proposal to use herbicides to eradicate the pharamgites.

 

Mayor Sanders thanked her for her continued dedication to the environment and to the Village of Piermont.

Village of Piermont Board of Trustees Minutes May 21, 2013

Page 2 of 8

 

 

Approval of Minutes

 

Trustee Blomquist moved to approve minutes from the May 7, 2013 meeting of the Board of Trustees.  Trustee Gallucci Jr. seconded the motion, which carried by a vote 4-0

 

Department Reports

 

DPW

DPW Superintendent Temple reported he is awaiting a call from Phil Griffen, who is scheduling a contractor to repair a small hole on the North shore Walkway behind the View Restaurant

 

Police Dept.

Chief O’Shea -absent

 

Building Dept.

Building Inspector Charles Schaub reported work continues on the Onderdonk house and will submit his report at the end of the month

 

Request from Demian Resnick, Location Manager seeking support from the board for filming a TV Pilot in the Village

 

Mayor Sanders received an email from Mr. Resnick requesting to cancel his request to film in the Village of Piermont.

Mayor Sanders requested to move Agenda Item #8 up to follow Agenda Item # 3

 

Continuation  on Discussion of Resolutions pertaining to Desalination Facility proposed by United Water of New York to be built and operated in the Town of Haverstraw, New York

 

Mayor Sanders commented he had received requests to pass resolutions regarding the Desalination Facility proposed by United Water of New York to be Built and Operated in the Town of Haverstraw, New York.  This was discussed at a prior Village Board Meeting and was tabled for further discussion and review.  He had also received documents and copies of resolutions that had been passed by other Villages and Towns.

 

Mayor Sanders commented he is personally against this project stating it has the potential to be an enormous Capital Expense, which could create higher rates for our residents and have a huge impact on the economy and the environment.    He supports both resolutions, however he believes the resolution for an issues conference may send a stronger singular message.

 

Trustee Gallucci Jr. commented he thinks, as a Village Board trustee, his personal opinion should not be reflected upon the residents of Piermont.  However he would support the resolution for an issues conference, he does not believe there is enough information either for it or against it.

 

Trustee Blomquist concurs with Trustee Gallucci Jr.

 

Trustee DeFeciani commented she would also support the resolution for an issues conference.

 

 

Resolution 5213                                         Village of Piermont

 

RESOLUTION REQUESTING THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO REQUIRE AN ISSUES CONFERENCE IN CONNECTION WITH THE REQUEST MADE BY UNITED WATER NEW YORK INC. FOR PERMISSION TO CONSTRUCT AND OPERATE A DESALINATION PLANT IN ROCKLAND COUNTY

Village of Piermont Board of Trustees Minutes May 21, 2013

Page 3 of 8

 

 

WHEREAS, United Water New York (UWNY) is the primary provider of drinking

water to most of Rockland County and UWNY has an obligation to provide clean, safe water to its consumers in a cost effective manner without adversely affecting our environment; and

 

WHEREAS, UWNY has developed a proposal, known as the “Haverstraw Water

Supply Project”, which seeks to draw water from the Hudson River for use, after desalination treatment, as drinking water in Rockland County; and

 

WHEREAS, the New York State Department of Environmental Conservation (DEC)

has assumed the status of lead agency for review of environmental impacts of the proposed project, issued a Positive Declaration under State Environmental Quality Review Act SEQRA dated April 2, 2009 and is now reviewing the Draft Environmental Impact Statement prepared by United Water New York; and

 

WHEREAS, an Issues Conference may be held under the rules of the New York State DEC to determine if there are disputed issues ripe for adjudication pursuant to 16NYCRR Section 624; and

 

WHEREAS, requiring an Issues Conference is within the procedures of New York State DEC and would allow the public and all stakeholders an open dialogue and provide the New York State DEC with comprehensive information upon which to make a thorough review and educated decision.

 

NOW THEREFORE, BE IT RESOLVED that the Village of Piermont Board of the Trustees urges the New York State DEC to protect the due process rights of all stakeholders by requiring an Issues Conference so that the disparities and competing conclusions regarding data, assumptions and analyses concerning the permit application can be identified and adjudicated, and a well-reasoned decision reached; and

 

BE IT FURTHER RESOLVED, that the Clerk of the Village of Piermont  forward a copy of this resolution to Hon. Andrew M. Cuomo, Governor of New York State; Joseph Martens, Commissioner of the New York State Department of Environmental Conservation; Cesar A. Perales, Commissioner of the New York State Department of State; Eric T. Schneiderman, the New York State Attorney General; Garry A. Brown, Chairman of the New York State Public Service Commission; Hon. David Carlucci, New York State Senator;  Hon. William Larkin, New York State Senator; the President Pro Tem of the New York State Senate; Hon. Kenneth P. Zebrowski, Jr., Hon. Ellen C. Jaffee, Hon. James G. Skoufis and Hon. Annie Rabbitt, Members of the New York State Assembly; the Speaker of the New York State Assembly; the Majority and Minority Leaders of the New York State Senate and Assembly; the United States Environmental Protection Agency; and Hon. Harriet Cornell, Chairwoman of the Rockland County Legislature.

 

This Resolution as amended was moved by Trustee John Gallucci Jr. and seconded by Trustee Mark Blomquist.

 

Upon vote the motion carried unanimously.

Ayes:

Mayor Sanders

Trustee Blomquist

Trustee Gallucci Jr.

Trustee DeFeciani

 

Noes:

None

 

Absent:

Trustee Silverberg

 

 

 

 

Village of Piermont Board of Trustees Minutes May 21, 2013

Page 4 of 8

 

Continuation on Request from the Piermont Fire Department to hold an “Open House” at the Fire Department/ River Lot.

 

 

Trustee Blomquist commented Dan Goswick Jr. could not attend the meeting due to prior obligation.  He submitted a request to hold an “Open House” in the River Lot/ Parelli Park to hold live demonstrations in an effort to recruit new members.

 

Trustee Defeciani moved to approve the Piermont Fire Department to hold an “Open House” at the River Lot/ Parelli Park on June 2, 2013 from 12:00pm to 4:00pm.  Trustee Gallucci Jr. seconded the motion which carried by vote 4-0

 

Request from the Piermont Chamber of Commerce to waive fees for Bastille Day

 

Sheryl Furhman, secretary of the Piermont Chamber of Commerce, requested to waive fees for Bastille Day and declare it a Village Sponsored event.  The council currently has 65 members and growing.  The Chamber of commerce has applied for 501c non-profit status, which they are in the process of receiving.  All members are enthusiastic to improve the Village of Piermont and implemented a beautification committee which began placing planters along Piermont Ave this past weekend.

 

Mayor Sanders thanked her and the Chamber of Commerce for their dedication to improve the Village.  He understands the Business Community was hit hard from Hurricane Sandy and he would support waiving the fees this year for Bastille Day, and declaring it a Village Sponsored event.

 

Trustee DeFeciani commented she would also support it, she recalled the business community rallied and helped raised funds after Hurricane Sandy the proceeds were donated to the Piermont Fire Department.

 

Trustee Blomquist commented he received an email from a resident to reiterate last year the fees were waived for Bastille Day because it was coupled with the Fire Department Carnival.  He would like further information from the Police Department regarding the costs but would support a capped fee of $2,500, only for this year

 

Trustee Gallucci Jr. commented he does not like to declare a Village sponsored event, he thinks events that are fundraisers should be should be budgeted.  However due to the impact and difficulties that incurred from Hurricane Sandy he would also support a cap of $2,500.  He would also like further information from the Police department regarding Police costs.

 

Village Attorney Walter Sevastian referred to Village Code section § 102-3.  Applicability.

I. Permit fees for special events

(1)       Two hundred fifty dollars per hour, with a minimum of three hours being charged for each special event.  If the event lasts 10 hours the fee would be $2,500 dollars.

 

Mayor Sanders tabled this to the Village Board Meeting June 4, 2013 for further discussion and review.

 

Continuation of Discussion on Piermont Historical Society Train Station Caretaker Agreement

 

Village Attorney Walter Sevastian commented this replaces the lease agreement to a Caretaker Agreement with the Piermont Historical Society. The Historical society will maintain the property and will not be an exclusive user of the space.

Reported the Caretaker Agreement was a request from the Piermont Historical Society to is reported they at the boards direction I added an agreement the question that came up

 

Ed Traynor of the Piermont Historical Society commented he reviewed and is prepared to sign the Caretaker Agreement. The Historical Society intent is to hold events to provide information on the history of Piermont.  The caretaker agreement will enable them to

Village of Piermont Board of Trustees Minutes May 21, 2013

Page 5 of 8

 

acquire historic memorabilia authentic to the Village of Piermont. Their next project would be to enhance Flywheel Park by putting an information sign explaining the history of the park.

 

Mayor Sanders thanked the Piermont Historical Society for their dedication to promoting the history of the Village of Piermont.

 

Trustee Gallucci Jr. commented he reviewed the caretaker agreement but would suggest limiting their usable space to the first floor of the train station.   He would like to renovate the second floor into an apartment or an office to generate revenue to offset some of the expenses.

 

Ed Traynor commented the Village acquired the Train station using the monies received from the County of Rockland which specifically designated Historic use of the property, and could not be used as a residence.

 

Village Attorney Walter Sevastian commented he is not aware of a recorded covenant; however the County of Rockland did pay a significant amount towards the purchase of the Train Station.  He referred to Trustee Gallucci Jr. request to lease the Train Station and suggested to change the use of the Train Station from the current Historical?

 

Trustee Silverberg had just entered the meeting and was not here for the discussion he had no further comment.

 

Trustee Gallucci Jr. moved to enter into a Caretaker Agreement with the Piermont Historical Society for premises known as the Piermont Train Station.  Trustee DeFeciani seconded the motion which carried by vote 5-0

 

Continuation Request from the Athlete Recovery Center for a Special Permit to dedicate a parking space for a Bicycle Rack

 

Dan Daly Owner of the Athlete Recovery at the last board meeting the Village board suggested he submit a new proposal, due to the safety hazards of his original request to allow a bicycle rack in a single parking space in front of the facility so that the cyclists have the ability to dismount their bikes in a safe manner off the street.  He took the boards suggestion and has reviewed all parking spaces in front of his facility.  After he reviewed the area he stated the sizes of the parking spaces are not all equal.  One of his proposals is to modify three parking spaces two of them would increase to the standard size and one would be reduced to fit a bicycle rack.

 

DPW Superintendent Temple reported there are currently 10 parking spaces if any of them are modified per Mr. Daly’s suggestion the Village will lose a parking space.  He suggested putting the bicycle rack in one of the smaller sized parking spaces which will be removed nightly.

 

Trustee Gallucci Jr. commented he would like input from the Police Department

 

Trustee Blomquist questioned the hours of operation

 

Dan Daly commented on his original application he put 6:00am to 8:00pm, but understands the boards concerns he is flexible and open to the boards suggestion

 

Trustee DeFeciani expressed safety concerns and she would like to have yield to pedestrian signs.

 

Village Attorney Walter Sevastian commented the board can issue a conditional permit to include a 60 day review

 

Mayor Sanders expressed concern with dedicating a parking space for a bicycle rack; available parking is limited in Piermont and especially along Piermont Ave.

 

Trustee Silverberg also expressed concern regarding safety at the intersection.

 

Village of Piermont Board of Trustees Minutes May 21, 2013

Page 6 of 8

 

 

Trustee Gallucci Jr. also expressed concern regarding the intersection, and suggested to put permanent bicycle racks Village owned property next to Gerhardt’s automotive.

 

Dan Daly commented he is a cyclist, and he does not believe cyclists will leave their expensive bicycles far from where they are patronizing businesses.

 

Trustee Gallucci Jr. replied the safety of the residents and cyclists is paramount.

 

Dan Daly commented the intersection is a safety hazard; his point to apply for the permit was to ensure the safety of the cyclists by providing a safer dismount.

 

Mayor Sanders commented he does not think the board will agree to issue a special permit for a bicycle rack in a parking space

 

Dan Daly requested for the board to issue a temporary permit for a 60 day review,

 

Trustee Gallucci Jr. commented he would want a report from the Police Department regarding the intersection before he will support it.

 

Trustee Blomquist commented he is willing to issue a 60 day permit with a report from the Police Department

 

Trustee DeFeciani is also willing to issue a 60 day permit, only if yield-to-pedestrian signs are installed

 

Trustee Silverberg commented he is torn because he knows the intersection is a hazard, but also understands Mr. Daly is trying to start a business.  He would be willing to give a 60 day permit, with the understanding that at any time the board has the authority to rescind the permit.

 

Trustee Silverberg moved to approved a revocable license to allow a bicycle rack in a parking space to be removed at 6:00pm nightly commencing on June 1, 2013 terminable by the Village Board at anytime, with a request to Police Department to provide a detailed report by no later than Village Board Meeting August 13, 2013 and if there are any observed problems to advise the board prior to the August 13, 2013 Village Board Meeting.  The Village Board will review the continuation of this license at the August 13, 2013 Village Board Meeting. Trustee DeFeciani seconded the motion which carried by vote 5-0

 

Continuation on request from Margaret Grace of the Sparkill Creek Watershed Alliance to hold the 400th Anniversary of the Two Row Wapum treaty

 

Margaret Grace requested to table this to the next Village Board Meeting June 4, 2013.

 

 

Request from Jade Bailey of New York Cycle Club to hold its 3rd annual newcomers ride

Jade Bailey- Assam special events director with the New York Cycle Club requested to hold its 3rd Annual Newcomers Bicycle ride June 30, 2013.  They are expecting 80 to 100 cyclists.

 

Trustee Gallucci Jr. moved to approve NYCC 3rd annual newcomers bicycle ride on June 30, 2013.  Trustee Blomquist seconded the motion which carried by vote 5-0

 

 

Authorize Village Clerk to seek public bids for a Triple Combination Pumper

 

Trustee Gallucci Jr. moved to authorize Village Clerk to seek public bids for a Triple Combination Pumper.  Trustee Silverberg seconded the motion which carried by vote 5-0

 

Authorize Village Clerk to seek public bids for a Garbage Truck

 

DPW Superintendent Temple reported he received estimate on under State Bid, and is awaiting estimated costs for additional options.

Village of Piermont Board of Trustees Minutes May 21, 2013

Page 7 of 8

 

Village Attorney Walter Sevastian commented since the purchase will be under state bid there is no need to seek public bids

 

Mayor Sanders tabled this to the Village Board Meeting June 4th, 2013 for further review

 

Develop list of items to be included in future Ban/Serial Bond

Mayor Sanders commented he directed the village clerk to compile a list of capital projects purchases to BAN and Bond over the next year.  The Village has been recently faced with capital improvement projects and capital purchases over the past year and the upcoming year.  There is difficulty in scheduling debt payments when the Village is faced with a 2% tax cap.  Our bond counsel had prepared a spreadsheet which included new bond debt payments with the existing bond debt payments the total payments over the next couple of years actually gets reduced.

 

Mayor Sanders directed Village Clerk to prepare BANs for;

Fire Department repairs in the amount of $51,000

Misc Ban in the amount of $78,000

Rockland Road Bridge in the amount of $500,000

Ambulance in the amount of $175,000

 

Trustee Gallucci Jr. commented agreed with the bonding and should proceed while the Village can obtain low interest rates

 

Mayor Sanders tabled this to another Village Board Meeting for further review and authorization to proceed with bonding.

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrant in the amount of $ 250,490.29.attached to the Minutes.  Trustee DeFeciani seconded the motion, which was carried by a vote of 5-0.

 

Old/New Business

 

Village Attorney Walter Sevastian requested an executive session regarding pending litigation.  He reported he has been in contact with General Counsel from Lamont-Doherty Geological Observatory of Columbia University he was told representatives of Lamont Doherty will reach out to the representative of the Village of Piermont to discuss a solution.   Mayor Sanders reported Pat Reilly, Facilities Director and Kathleen Callahan Executive Director/Chief Operating Office of Columbia University LDEO,had contacted him to discuss the current agreement.   They had explained they are involved with FEMA and are having difficulties repairing the building from damages sustained during Hurricane Sandy.  Mayor Sanders explained to Pat Reilly he understood their issues and would consider extending the waiting period on their agreement if he received a letter stating their intent for use of the building

 

Trustee DeFeciani suggested drafting an agreement without their input & sending for their review.

 

Village Attorney Walter Sevastian was directed to draft a letter outlining a lease and to include a reasonable fee for their use of the building

 

Trustee Gallucci Jr. reported the Rockland Road Bridge arch work underneath has been completed, and is scheduled to begin driving piles.  The target date to complete is prior to July 4, 2013

 

 Executive Session

Trustee Gallucci Jr. Blomquist moved to enter into Executive Session to discuss Personnel Discussion / Pending Litigation.  The motion was seconded by Trustee Blomquist and upon vote the Board entered Executive Session.

Trustee Silverberg recused himself and left the meeting at 10:00pm due to involvement with pending litigation

 

Village of Piermont Board of Trustees Minutes May 21, 2013

Page 8 of 8

 

Trustee Gallucci Jr. moved to exit Executive Session, Trustee Blomquist seconded and upon the vote, the motion passed and the board returned to regular session.

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at10:08 pm.  Trustee Blomquist seconded the motion, which was carried by a vote of 4-0.

 

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

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