September 17, 2013

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

September 17, 2013

 

 

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

 

Trustee Steven Silverberg- Absent

 

 

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

 

Public Comment

Susan Cohen informed the Public there will be a Public Service Commission hearing regarding the Haverstraw Water Desalination Plant.

 

Bob Samuels reported the next Piermont Newsletter will have an article about Joan Gussow’s review of her recently installing Solar Panels on her home.  He suggested installing Solar Panels on Village Hall.

 

Approval of Minutes

 

Trustee DeFeciani moved to approve the minutes from the September 3, 2013 meeting of the Board of Trustees.  Trustee Blomquist seconded the motion, which carried by a vote 4-0.

 

Department Reports

 

DPW

DPW Superintendent Tom Temple submitted his monthly report and reported he is still doing mold remediation at the community center. 

 

Fire Dept.

Chief Cavanaugh reported the fire department responded to 22 fire calls 21 EMS calls and 3 boat calls.  Last month they successfully held a mass casualty drill at the end of the Pier. 

 

Police Dept.

Chief O’Shea absent

 

Building Dept.

Building Inspector Charles Schaub reported he received notification from a resident who is in the process of receiving additional funding from NY Sandy Help for damages sustained during Hurricane Sandy.  This is additional funding provided by the State of New York.

Request from St. Johns to hold 5K Run/Walk on May 17th, 2014

Scott Giblin a parishioner at St. John’s requested to hold St. John’s 5k run/walk on Saturday May 17, 2014 in effort to help raise funds for repairs from damages sustained during Hurricane Sandy.

 Trustee Blomquist moved to approve St. John’s 5K run/walk on Saturday May 17, 2014.  Trustee Gallucci Jr. seconded the motion which carried by vote 4-0

Continuation of the Public Hearing 7:45 local Law #2 of 2013 Amending Chapter 10 of the Code of the Village of Piermont entitled “Defense and Indemnification”

 

Village Attorney Walter Sevastian reported the main change in the local law is that  the Village would not be obligated to indemnify pay down if the employee has acted maliciously or in

bad faith as an award of punitive damages against them.  There is also language in the event the Village Attorney gets sued he cannot provide advice to the Board of Trustees.

 

Mayor Sanders opened the floor for public comment

Village of Piermont Board of Trustees Minutes September 17, 2013

Page 2 of 5

 

No Public Comment

 

Trustee Gallucci Jr. commented he reviewed the local law which reflects the modifications, he is prepared to move forward.

Trustee Blomquist agreed with Trustee Gallucci Jr.

Trustee DeFeciani agreed with Trustee Gallucci Jr. and Trustee Blomquist

 

Trustee Gallucci Jr. moved to close the Public Hearing on amending Chapter 10 of the Code of the Village of Piermont entitled “Defense and Indemnification.  Trustee DeFeciani seconded the motion which carried by vote 4-0

 

Trustee Gallucci Jr. moved that this legislation to modify the Defense and Indemnification of Employees provisions in the Code Is a Type II action under SEQRA requiring no further review, which was seconded by Trustee DeFeciani and carried by vote 4-0

 

Trustee Gallucci Jr. moved to adopt Local Law #2 of 2013 amending Chapter 10 of the Village of Piermont Code to modify the Defense and Indemnification of Employees provisions in the Code attached to the minutes.  Trustee Blomquist seconded the motion, which was carried by a vote 4-0.

 

 

RESOLUTION OF THE VILLAGE OF PIERMONT BOARD OF TRUSTEES

 

STATE OF NEW YORK

COUNTY OF ROCKLAND: VILLAGE OF PIERMONT

——————————————————————–X

In the Matter of the Amendment to

Chapter 10 of the Code for the Village

Of Piermont Entitled “Defense and                                                

Indemnification”

——————————————————————–X 

 

 

WHEREAS,  the Village Board of the Village of Piermont has noticed a Public Hearing with regard to an amendment of the Zoning Code with respect to the Defense and Indemnification provisions set forth in Chapter 10 of said code.;

 

WHEREAS, Public Hearings on the adoption of these proposed amendments to the Village code were held on September 3, 2012, and September 17, 2013;

 

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 Law 7-706(1);

 

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 a “Type II” action under SEQRA (NYCRR §617.5 (27).
  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).

Village of Piermont Board of Trustees Minutes September 17, 2013

Page 3 of 5

 

BE IT FURTHER RESOLVED, the Village the Board of Trustees, based upon the findings made under the criteria set forth in NYCRR §617.7[c], the EAF filed relative to the action under

Consideration, and upon the record pertaining to the proposed amendments to the Village Code find and determines that:

 

1)            The action taken herein is a Type II action under SEQRA (under NYCRR 617.5 (27) requiring no further action on the part of the Village Board of Trustees

AND BE IT FURTHER RESOLVED, the Village the Board of Trustees adopts the amendments to Chapter 10 of the Code of the Village of Piermont

 

 

Continuation and Discussion and schedule Public Hearing on proposed Zoning Amendment

Robert Geneslaw introduced his colleague Kathy Geneslaw whom worked with him on the proposed Costal Storm Overlay District.  He reported he has taken into consideration all the board comments and also provided several cases studies of specific properties, based on photos and data prepared by Brooker Engineering and the Village Building Inspector.  He believes it is helpful to demonstrate the impact the proposed Costal Storm Overlay District (CSOD) would have on specific properties as it relates to structure height.  This proposed amendment establishing a CSOD illustrates individual variations that will have to be evaluated as part of any review and approval process and supports the approach of providing flexibility in the review of individual applications.

 

Mayor Sanders thanked Robert and Kathy for providing example case studies of residential structures that were damaged for the board to review the visual impact.  

 

Trustee Gallucci Jr. referred to his prior suggestion that this legislation include only residents who sustained damages and they would be restricted to elevate existing homes to the square footage that existed pre-storm.

 

Robert Geneslaw reviewed a document from FEMA which they are recommending homeowners rebuilding at an elevation of ABFE plus one to three feet.  He also recommended including language for the planning board to review each application individually.

 

Village Attorney Walter Sevastian suggested including a legislative intent.

 

Robert Geneslaw commented the complicated factor is the view shed analysis.

 

Mayor Sanders directed Robert Genelslaw to provide additional example case studies for damaged homes along Piermont Avenue for the board to review of the visual impact.

 

Mayor Sanders suggested to schedule a workshop and tabled this for further discussion and review to the October 15, 2013 Village Board Meeting.

 

Request from Chris Fuller of Clarkson University to install environmental monitoring equipment on the Piermont Pier

James Bonner Director of Clarkson University-River and Estuary Observatory Network (REON) reported Piermont is one of 4040 environmental monitoring stations throughout New York. The equipment would provide real time storm action.

His colleague, Chris Fuller submitted a layout to the board indicating where the installation of the equipment would be, which after reviewing the area he could simplify installation.  He requested to install the monitoring station on the south corner of the pier.

Trustee Gallucci Jr. questioned the time frame of the study

 

James Bonner replied he anticipates it being long term due to it being funded by both the State and Federal Government.

 

Mayor Sanders informed Mr. Bonner of the annual Watchfire in that area and questioned how sensitive the equipment would be to heat.

 

 

Village of Piermont Board of Trustees Minutes September 17, 2013

Page 4 of 5

 

Jim Bonner commented he is open to suggestion and is flexible as to the placement of the equipment

 

Trustee Blomquist suggested speaking with Fire Department Chief Cavanaugh and DPW Superintendent Tom Temple to discuss the possibility of placing a heat shield around the Monitoring System during the annual Watchfire.

 

Trustee Defeciani commented she would approve this request subject to Mr. Bonner meeting with Fire Department Chief Cavanaugh Chief Cavanaugh and DPW Superintendent Tom Temple

 

Village Attorney Walter Sevastian requested a certificate of Insurance listing the Village as additionally insured.

 

Mayor Sanders asked Village Attorney Walter Sevastian that since the Pier is a Village Park, what other permissions are needed to authorize the installation that will protect the Village, in addition to liability insurance.

 

Village Attorney Walter Sevastian suggested a revocable license agreement it will give them the right to maintain the equipment which can be terminated at any time.  He will draft a license agreement. 

 

 

Trustee Defeciani questioned if the data collected will be helpful and available for residents. Mr. Bonner said the information collected will be helpful for early warning flooding.  The system will also be used to develop a means of predicting flood conditions.  

 

Mayor Sanders tabled this to the next Village Board Meeting October 1, 2013 for further discussion and review.

 

Request from Gran Fondo Bike Event on May 18, 2014

Gran Fondo New York requested to hold their annual bike event through the Village on May 18, 2014, with an aid station.  

 

Trustee DeFeciani moved to approve the Gran Fondo annual bike event on May 18, 2014.  Trustee Gallucci Jr. seconded the motion, which carried by a vote 4-0.

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $348, 741.07 attached to the Minutes.  Trustee DeFeciani seconded the motion, which was carried by a vote of 4-0.

 

Old/New Business

Walter Sevastian reported the Village of Piermont is a co-owner with the County of Rockland on the Train Station, which would restrict selling the property.He did not find anything in the deed that would restrict the Village from renting it.  He also presented various bamboo restrictions from other Villages and Towns for the Board’s review.  He will provide a draft legislaton for review at the next Village Board Meeting.

 

Walter Sevastian also reported he submitted a letter to the DEC regarding the Lot “S” remediation.

 

Trustee DeFeciani reported the Piermont Rowing Club will sponsor adopt a bed for maintenance on flower beds.  She also reported she met with Laura Strauss from the Chamber of Commerce which they are seeking a consulting firm to Brand Piermont.  The Chamber of Commerce would like to include the Village Board on any decisions and they are prepared to pay all consulting fees.

 

Trustee Blomquist had nothing additional to report

Trustee Gallucci Jr. had nothing to report

 

Mayor Sanders reported he received a letter from Prosource Technologies requesting the Village to authorize New York State Homes and Community Renewal assumption of Lead Agency status for the coordinated environmental review for the Recreate NY home Buyout

Village of Piermont Board of Trustees Minutes September 17, 2013

Page 5 of 5

 

Program he directed Village Clerk to put this request on the agenda for the next Village Board Meeting October 1, 2013.

 

Mayor Sanders received a proposal from our Bonding Counsel listing options on proposed bans and bonds on recent purchases.  He tabled this for further discussion and review.

 

Executive Session

 

Trustee Gallucci Jr. moved to enter into an executive session to discuss contractual issues.  Trustee DeFeciani seconded the motion, and upon vote the Board entered into Executive Session.

 

Trustee Blomquist moved to exit Executive Session, Trustee Gallucci Jr. seconded and upon vote, the motion passed by a vote of 4-0, and the board returned to regular session.

 

Trustee Gallucci Jr. moved to approve a SCAR settlement to Ms. O’Connell in the amount of $128.52

 

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 10:36pm. Trustee DeFeciani seconded the motion, which was carried by a vote of 4-0.

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

 

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