Meeting Minutes

September 23, 2014

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

September 23, 2014

 

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

 

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

 

Public Comment

 

Carol Cameron advised the board of several parking medians in the North parking lot needing pruning, she asked the board who is responsible for maintaining the medians.  She suggested engaging volunteers to maintain the medians.

 

Trustee DeFeciani explained she previously discussed the median clean-up with Dan Sherman; it is hard to maintain those medians while cars are parked right next to it.

 

Carol Cameron suggested placing fabric weed barrier and putting down river rock, to keep the weeds from growing.

 

DPW Superintendant Tom Temple felt putting river rock would be the most efficient and inexpensive to maintain those areas.

 

Mayor Sanders directed DPW Superintendent Tom Temple to meet with Dan Sherman to discuss possible options.

 

Approval of Minutes

 

Trustee Gallucci Jr. moved to approve the minutes from the September 2, 2014 meeting of the Board of Trustees.  Trustee DeFeciani seconded the motion, which carried by a vote 5 ayes -0 nays.

 

Department Reports

 

DPW

DPW Superintendent Tom Temple turned in his monthly report and reported the last bulk pick up will be on October 7, 2014; however, a resident can contact the DPW Department to schedule another pickup.  He also reported they have started minor repairs to the façade of the Village Hall, and have begun restoration on the Greenway Trail.

 

Mayor Sanders asked Tom Temple the condition of the tree lights along Piermont Ave  and the status of the Town of Orangetown project at Eleanor Stroud Pond. .  Tom Temple replied he has not checked all of the tree lights but the ones he has checked are in good condition, and reported he will follow up on the progress of the Eleanor Stroud Pond project.

 

POLICE

Chief O’Shea submitted his monthly report. He notified the board that the Piermont Police Department was approved to receive a grant. He also advised the board of a telephone scam occurring in the Village.  He explained the phone calls are coming from the Dominican Republic and urged residents to contact the Police Department if they receive any of these calls.  Chief O’Shea also advised the Board that the Pier will be closed to vehicular traffic this Saturday for the Fire Department “Wet-Down”.

 

 

Fire Dept.

Chief Cavanaugh – absent

 

Building Dept.

Building Inspector Charles Schaub- absent

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Amend date of Public Hearing for Scott Morrissey of Piermont Pizza to allow expansion of the restaurant use and add music

 

The Village Clerk advised the board that the applicant was scheduled to appear before the Planning Board, but missed the meeting date.  The next possible date he can appear before the Planning Board is October 6th and the Village Board Meeting is scheduled for October 7th,which would not allow sufficient time for the Planning Board to render an opinion.

 

Trustee Silverberg moved to amend the scheduled public hearing to October 21, 2014 at 7:45pm.  Trustee Gallucci Jr. seconded the motion which carried by vote 5 ayes -0 nays.

 

Discussion was held regarding the agenda item for Hugh Artrip to have amplified music.   Mayor Sanders questioned Village Attorney Walter Sevastian as to why the board would hear this application.  The Village Attorney said that is a very good question because you can have amplified music at your home until 11 o’clock p.m.

 

Continuation on Resolution to amend Special Permit for Pier 701 for an extension to allow additional seating.

 

Mayor Sanders recalled that, at the last meeting, the Board had not received correct, complete drawings.  Village Attorney Walter Sevastian said that the Building Inspector must verify the numbers that were inserted into the resolution and after reviewing the current drawings he feels that more detailed drawings still need to be submitted. Mr. Sevastian also stated that the Board needs the owners to sign off on the plans.

 

Trustee Silverberg remarked there is an entrance off Piermont Avenue on the plans but it did not indicate access to be back row of parking spaces.   Trustee Silverberg reviewed the parking plan and questioned the details of the plan and remarked that it is not shown to scale. The plan shows a bunch of parking spots that cannot be accessed without driving over other parking spots.  Trustee Silverberg said that the Board needs plans that show how this is going to work and the plans need to be submitted well before the night of the meeting so they can be reviewed by the appropriate people.

 

Trustee DeFeciani asked if the Building Inspector had reviewed the parking plan.

 

Trustee Silverberg directed Mr. Whitton to submit another parking plan true to scale., further, Trustee Silverberg would like a memo from the Building Inspector indicating if the plan meets the requirements.  Mr. Whitton must submit these documents on October 2 and tabled this application to the Village Board Meeting October 7th, 2014.

 

Mayor moved up agenda item 10

Schedule a public hearing amending Section 143-6 of Village Code of Piermont entitled “Traffic” Local Law #5 of 2014

 

Trustee Blomquist moved to schedule a public hearing for the proposed Local Law #5 of 2014 to amend section 143-6 of the Code of the Village of Piermont entitled “Traffic” on October 7, 2014 at 8:00pm.  Trustee DeFeciani seconded the motion which carried by vote of 5 ayes and 0 nays.

 

Public Hearing (8:00) pm Special Permit for Kathleen Puder to convert single family dwelling to two family dwelling

 

Village Attorney Walter Sevastian gave the Board a brief background on the right of a resident to apply to the Village Board to convert a single family dwelling to a two family dwelling.

Village Attorney Sevastian stated that this was an application seeking approval under Chapter 149 of the Village Code for conversion of a Single Family Dwelling to a Two Family Dwelling. Chapter 149 requires a Public Hearing for considering this special permit application. The Village Attorney prepared a resolution for the Board. The Planning Board, Zoning Board, and Building and Fire Inspectors all recommended the approval of this application. The Planning

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and Zoning board’s recommendation included a condition that if there is a change in ownership, the allowed conversion would be void, and it would also need to be renewed annually.

 

Trustee Silverberg made a motion to open the Public Hearing for converting a one family dwelling to a two family dwelling.  Trustee DeFeciani seconded the motion and was carried with a vote of 5 ayes- 0 nays.  The Public Hearing was opened.

 

Mayor Sanders explained at the previous board meeting several questions were raised regarding this request.  The applicant was referred to the other boards for an advisory opinion and for clarification of the previously issued certificates of occupancy as a single family and a two family.  He questioned is this an extent use of an accessory structure.  Village Attorney Walter Sevastian explained the building inspector sent this application to the Village Board as a special permit.  It was referred to the other boards as an advisory opinion on a special permit application to convert a single family dwelling to a two family dwelling.

 

Daniel Spitzer, Chair of the planning board, also a resident of Piermont explained when the applicant came before the planning board they had approved a Special Permit for One Certificate of Occupancy that states the house is a single-family residence and the accessory structure shall be used as a residence by issuance of  a Special Permit for the current deeded owners and shall terminate upon transfer of ownership additionally it was not deemed necessary for the applicant to have to appear before the Village Board annually to renew the special permit.

 

Village Attorney Walter Sevastian explained the special permit is renewed annually by the Building Inspector without the requirement to appear before the Village Board.

 

Anne Putko, an abutting neighbor to the applicant, commented she is concerned because the accessory structure borders her property and questioned if the special permit would allow the footprint of this structure to change.  She believes any changes to the footprint of the structure would affect the value of her property, and reduce her quality of life.  She explained she would not have any objections if the main residence changed to a two family.

 

Mayor Sanders addressed Ms. Putko explaining this application does not request expanding the footprint of structure; it is a request to convert the existing structure from a single family to a two family.

 

Anne Putko explained she is also concerned with approving this application would enable the applicant to expand at a later date, she explained she has no problems for the past 18 years it has been as a studio rental, which she does not have a problem if it stays the same as a studio rental.

Trustee Blomquist explained that would be a separate issue and the applicant would need to submit another application to change the footprint.

 

Mayor Sanders explained granting a special permit for a two family does not grant any future approvals for an expansion to its bulk it would be a separate application.

 

Village Attorney Walter Sevastian explained the property will have a two family designation the accessory structure would be used as a residence if someone wants to make modifications it would be a separate issue, and another application

 

Mayor Sanders again explained to Ms. Putko’s his previous comment

 

Ann Putko repeated her concerns and explained she is confused because the applicant pays taxes as it’s listed as a two family home, not single family.

 

Trustee Silverberg advised Anne Putko there would be one family in each structure it would continue the same way it has been for the past 18 years a family in each structure.  He asked Ms. Putko if she had a problem with that.

Village of Piermont Board of Trustees Minutes September 23, 2014

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Anne Putko replied she does not have a problem’s with the way it has been for the past 18 years she is concerned with the expansion of the garage/studio.

 

Trustee Silverberg explained there is no plan for the expansion, if the applicant chooses to expand at a later time they would need to submit another application.

 

Mayor Sanders explained this application does not represent any changes to the structure it is a change to the certificate of occupancy to legally allow the studio as a residential rental.

 

Mr. Puder questioned the annual renewal of the special permit

 

Village Attorney Walter Sevastian explained as long as you are within the conditions on the special permit it is an automatic renewal.

 

Trustee Gallucci Jr. commented he does not agree putting a restriction on the special permit   He reviewed the documents that were submitted and two of the documents clearly state they purchased the property as a two-family and the previous certificate of occupancy issued as a two family.  He believes from the testimony the main home has always been a single family and the accessory structure has always been a studio apartment. He can’t agree with taking something away from the applicant which the documents indicate the applicant purchased the home as a two family.  He does not agree with putting a restriction on the special permit and terminating upon transfer of ownership

 

Trustee Silverberg referred to Trustee Gallucci Jr. comment and asked when the applicant went before the zoning board was this issue discussed regarding the conflicting certificate of occupancy.

 

Village Attorney Walter Sevastian read the advisory opinion from the zoning board that it met all requirements for a special permit.

 

Kathleen Puder explained the zoning board held a discussion regarding the certificate of occupancy.

 

Walter Sevastian referred to the zoning boards vote and referenced that Margaret Holihan voted nay because she did not think the expiration upon transfer of ownership was necessary.

 

Trustee Silverberg explained the Village Board cannot interpret the zoning law, he suggested to the applicant to go back to the zoning board for an interpretation

 

The board held discussion and reviewed the conditions on the applicant’s special permit, and the documents submitted.

 

Daniel Spitzer explained how the planning and zoning board reviews documents in an applicant’s File.

 

Village Attorney William Sevastian referenced and explained Village code chapter 1.49

 

Trustee Silverberg questioned the applicant that when she purchase the home did she think it was a two family dwelling, and did she obtain the mortgage as a two family dwelling.

 

 

Trustee Gallucci Jr. referenced a document dated 2005  a letter addressed to Mrs. Puders title company stating the property is a pre-existing grandfathered two family and specifically states it has not been abandoned as of January 2005.

 

Village Attorney Walter Sevastian suggested the applicant should be referred to the zoning board of appeals for an interpretation of the documents submitted.

 

 

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Mayor Sanders explained she should go back to the zoning board for an interpretation not for an advisory opinion on a special permit.

 

Trustee Gallucci Jr. suggested the public hearing should remain open while she files an application to the zoning board of appeals requesting an interpretation of the existing records referencing the documents submitted.

 

Trustee Silverberg explained the Village Board cannot reverse the building inspector determination of last dated certificate of occupancy as a single family dwelling only the zoning board of appeals can.

 

Mr. Puder asked for clarification

 

Trustee Gallucci Jr. explained she is appealing the decision of the building inspector determination of the certificate of occupancy listing her property as a single family dwelling.

 

Trustee Silverberg moved to appeal the building inspector’s decision of Kathleen & Doug Puder’s property, SBL 35.38-2-13, 674 Piermont Ave as a single family dwelling that you cannot have two single family residences on this property furthermore the Village Board of Trustees is requesting an interpretation from the Zoning Board of Appeals.  Trustee Gallucci Jr. seconded the motion which carried by vote of 5 ayes and 0 nays.

 

Trustee Silverberg moved to adjourn and keep the public hearing open to the Village Board Meeting on November 4, 2014.  Trustee Gallucci Jr. seconded the motion which carried by vote 5 ayes and 0 nays.

 

Resolution to reduce the hours of the position of Justice Court Clerk from Full-Time

 

RESOLUTION OF THE PIERMONT VILLAGE BOARD

 

A Regular Meeting of the Piermont Village Board was convened on September 23, 2014, at 7:30 p.m.

 

The following resolution was duly offered by Trustee Gallucci Jr. and seconded by Trustee DeFeciani, to wit:

 

Resolution No. 2014-0923

RESOLUTION OF THE PIERMONT VILLAGE BOARD MODIFYING THE HOURS OF THE JUSTICE COURT CLERK POSITION

 

WHEREAS, the Village of Piermont currently employs a full time Justice Court Clerk, and

 

WHEREAS, prior to 2005, the Justice Court Clerk’s position had been a part-time position in the Village of Piermont, and

 

WHEREAS, the Justice Court Clerk position is classified as an “Exempt” Civil Service position by the Rockland County Department of Personnel, and

 

THEREFORE BE IT RESOLVED that, effective December 31, 2014, and consistent with the adopted fiscal year 2015  budget, the position of Justice Court Clerk shall be a part-time position (17 ½ hours per week) in the Village of Piermont, and
BE IT FURTHER RESOLVED that, effective December 31, 2014, the position of part-time Justice Court Clerk shall be compensated at an hourly rate of $30.96 per hour, and

 

BE IT FURTHER RESOLVED that other relevant terms and conditions of employment associated with the part-time Justice Court Clerk’s position shall be determined by the Village Board of Trustees, and

 

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BE IT FURTHER RESOLVED that effective September 23, 2014, the position of part-time justice court clerk is hereby offered to Joan Will (the current Justice Court Clerk), who will be permitted until October 7, 2014 to accept this offer by executing the previously tendered Terms and Conditions of Employment, and after which date the offer will be deemed to be withdrawn and the Village Clerk authorized to advertise to fill part-time Justice Court Clerk’s position as of December 31, 2014, and
BE IT FURTHER RESOLVED, that Joan Will is hereby placed on a preferred eligible list for the full-time court clerk position to the extent required by applicable law, and

 

BE IT FURTHER RESOLVED that the Village Board directs the Village Clerk to contact the Rockland County Department of Personnel to provide notice of the reduction of the hours associated with the Justice Court Clerk position.

 

 

The question of the adoption of the foregoing Resolution was duly put to a vote, which resulted as follows:

 

Yea                  Nay                 Abstain            Absent

 

Mayor Sanders                        [     ]                 [     ]                 [  X ]                [     ]

Deputy Mayor Bloomquist     [ X ]                 [     ]                 [      ]                [     ]

Trustee Gallucci                      [ X ]                 [     ]                 [      ]                [     ]

Trustee Silverberg                   [ X ]                 [     ]                 [      ]                [     ]

Trustee DeFeciani                   [ X ]                 [     ]                 [      ]                [     ]

 

 

Stephanie Tassello, Village Clerk

 

 

 

Request from Hugh Artrip to allow amplified Music on October 11, 2014 at his residence

Village Attorney Walter Sevastian explained to the board they did not need to approve this request and advised them this is an allowable use within Village Code

 

Continuation and Review List of Items to Ban/Bond

 

Mayor Sanders reviewed the details of the debt schedule

 

The board held discussion on available options

 

Mayor Sanders directed Village Clerk to itemize capital expenditures that will remain in bans with the items that would be rolled into bonds

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $ 120,281.75 as presented by the Village Clerk.  Trustee Gallucci Jr. seconded the motion, which was carried with a vote of 5ayes -0 nays.

 

Old/New Business

Trustee DeFeciani reported she was contacted by the Piermont Chamber of Commerce  regarding the Bastille Day invoice they received, they were unaware they had to pay an additional two hours for set-up and breakdown.  She suggested in the future it should be written on the application.

 

Chief O’Shea reported the Piermont Chamber of Commerce was billed for hours the Police were on duty for street closure.  The Police close the street an hour before the event for set up and remains closed after the event to give time to dismantle, this is done for safety measures.

 

Trustee Gallucci Jr. explained it should be written on the contract.

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Trustee Silverberg agreed with Trustee Gallucci Jr. it should be written in the contract

 

Mayor Sanders explained the  conflict is the additional two hours was not explained to the Chamber of Commerce they were under the assumption they were required to pay for the actual hours of the event for 10 hours not the 12 they were billed.  He asked Chief O’Shea to submit a report for the Total cost of Police fees.

 

 

Trustee Blomquist reported he will submit the Fire Department’s 20 year capital budget at the next Village Board Meeting.

 

Trustee Gallucci Jr. asked the board to consider a review of parking space fees.  Mayor Sanders directed Village Attorney to prepare a resolution for a Village Board Meeting in November.

 

Trustee Silverberg reported on the Rising Waters Task Force meeting and will submit a final report at the October 7, 2014 Village Board Meeting

 

Mayor Sanders asked Village Attorney Walter Sevastian to contact the Piermont Historical Society to follow up with the initial request to amend their caretaker agreement on the Railroad Train Station

Mayor Sanders reported the DEC will hold a public Meeting on September 30, 2014 the first of a series of fact-finding meetings on the Piermont Marsh.

Executive Session

 

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

 

Trustee DeFeciani moved to exit Executive Session, which was seconded by Trustee   Silverberg and upon vote the Board adjourned Executive Session.  Village Clerk noted no action was taken during Executive Session

 

 

Adjournment

Trustee Silverberg moved to adjourn the meeting at 10:04pm. Trustee DeFeciani seconded the motion, which was carried with a vote of 5ayes-0nays.

 

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer