VILLAGE OF HILLBURN Board of Trustees Meeting Wednesday, June 30, 2010 – 7:00PM MINUTES OF THE BOARD OF TRUSTEES MEETING held on Wednesday, June 30, 2010, in the Municipal Meeting Room, 31 Mountain Avenue, Hillburn, NY, commencing at 7:00 PM. PRESENT: Bernard L. Jackson, Mayor ABSENT: Craig M. Flanagan, Jr., Trustee Thomas R. Scott, Trustee Alan Simon, Village Attorney (arrived late) Robert Yodowitz, Deputy Village Attorney (arrived late) Glenn McCreedy, Village Engineer Thomas M. Conklin, DPW Supervisor RECORDER OF MINUTES: Gladys DeFreese, Village Clerk-Treasurer Meeting was called to order by the Honorable Mayor Bernard L. Jackson. H.F.D. Chief Thomas J. Strysko led in the Pledge of Allegiance. Minutes of Meeting – 6/16/10 A MOTION was made by Trustee Scott and seconded by Mayor Jackson to approve the minutes of the 6/16/10 meeting, as prepared. Ayes: Mayor Jackson & Trustee Scott Noes: None Street & Water Commissioners' Reports A MOTION was made by Trustee Scott and seconded by Mayor Jackson to incorporate the Street & Water Commissioners' Reports in the minutes. Ayes: Mayor Jackson & Trustees Scott Noes: None Police Commissioner's Report – Mayor Jackson stated there is no report. DPW Report – Supt. Thomas Conklin reported: -A minor water main break occurred in the area of Terrace Avenue & Suffern Road. Same was repaired Fourth Street Bridges - -Rockland County striped the 4th Street bridge roadway at no cost to the Village. It has been protocol in the past to provide a lunch for the RC Workers to reciprocate for this service. A MOTION was made by Trustee Scott and seconded by Mayor Jackson authorizing an expenditure not to exceed $75.00 luncheon at Irelands for the RC workers in appreciation for striping the 4th Street bridges at no cost to the Village. Ayes: Mayor Jackson & Trustees Scott Noes: None -No additional word has been received from the Town of Ramapo regarding resurfacing the railroad bridge. -Mayor Jackson stated that MetroNorth has done sand blasting and welding work to reinforce the structure. When this work is complete, the Town will resurface the bridge. RE: Veterans Memorial Park Pond – The second treatment was applied today. Will await results. Supt. Conklin reported that the DPW is maintaining the grass; and will be painting hydrants and refreshing stop bars throughout the Village. RE: CHIPs Program – The Village Board and DPW Supt. are in receipt of correspondence dated 6/14/10 pertaining to the NYS DOT SFY10-11 CHIPs allocation. HFD Report – Chief Thomas J. Strysko reported: -A request was made for internet service in the Chief’s Office in order to file the State Reports. Mayor Jackson advised that this matter will be reviewed. -A request was made for the purchase of a Stokes Basket from Garrison at the cost of $698.00 to replace the basket that was destroyed responding to the truck accident last year. A MOTION was made by Trustee Scott and seconded by Mayor Jackson to approve the purchase of the Stokes Basket at the cost of $698.00 from Garrison. Ayes: Mayor Jackson & Trustees Scott Noes: None -A request was made to purchase cleaning supplies for the HFD trucks. Approved by Village Board. Mayor Jackson reminded Chief Strysko that a Purchase Order is required. Western Ramapo Sewer District Extension Engineer McCreedy reported that patching is being done on the NYS Thruway. Village Engineer’s Report – Engineer McCreedy reported: RE: Dam Remediation Project – The plans are completed and the package has been submitted to the NYS DEC. Should be able to move quickly and prepare for construction. The project will be coordinated through his office and either the Hillburn DPW or a local contractor. RE: MS4 Audit – On 6/23/10 the NYS DEC performed an audit of the Village’s compliance to MS4 requirements. Engineer Eve Mancuso of Brooker Engineering oversaw this audit. At present, the NYS DEC requires the Village to adopt an Illicit Discharge Law and Engineer McCreedy requested that this be placed on the agenda for the next Board meeting. RE: Fire Hydrant at End of Boulder Avenue – As discussed with DPW Supt. Conklin, the fire hydrant is active; however it requires repair as it does not drain off properly. Community Development No report. Village Attorney’s Report (Attorney Simon not present) RE: United Water Contract – Still awaiting receipt of the draft agreement from United Water New York. -The Village of Suffern is interested in submitting a proposal for the purchase of water. RE: 2010 Assessment - Tax Certioraris – RE: Beautiful Acres, Inc. - The Village Board was in receipt of a copy of the 6/15/10 letter from the Attorney’s for Beautiful Acres, Rogers McCarron & Habas, P.C., to Village Attorney Simon – RE: Proposed Agreement. Zoning Board of Appeals No report. Planning Board Next meeting is scheduled for 7/22/10. Building/Fire Inspector’s Report – William Nicholson reported: -Christian Matthews/Stoneworks Estates has been approved to construct one new building. He has been performing the required plantings to comply with the Soil and Erosion Control. -TBS Realty (201 Route 59) – A Certificate of Occupancy has been issued to Skyview Skylights to occupy Building B3B. The H.F.D. is aware of same. -He has been in contact with the Board of Health regarding failing septic systems and standing water. -Mayor Jackson questioned the status of the standing water in a swimming pool at the corner of Fifth Street & Rockland Avenue. Inspector Nicholson stated that he has not received a response from the Board of Health as of this date. -Inspections are being made on a Building Permit issued to O & R Utilities – RE: Upgrading Transmission Lines. -Property Maintenance issues are being addressed. -Residence overcrowding issues have been filed with the RC Task Force. Escrow Accounts -The Village Board was in receipt of a Status of Escrow Account Reports at 5/31/10. Senior Citizens – President Mary Boone reported: -The Seniors’ 35th Anniversary will be celebrated on Sunday, August 22, 2010, from 3-6PM and the Chalet. Cost per person: $25.00. -The next meeting of the Senior Citizens will be held on July 5, 2010. -RE: Request for a Sunscreen at the Community Room – Mrs. Boone stated that a sunscreen is needed. Village Clerk DeFreese advised the Board that she has looked into same and there is and roll down blind available at the Home Depot at the cost of approx. $60.00. (The Village Board approved same) Recreation – No Representative Present, No Report Supplied -Mayor Jackson stated that he has spoken with Youth Activities Coordinator Peyton Powell who advised that the staff is prepared for the 2010 Summer Programs. Ratification of Appointment of Summer Recreation Aide A MOTION was made by Trustee Scott and seconded by Mayor Jackson to appoint Henry Martinez as a Recreation/Swim Aide for the 2010 Camp Program, at the rate of $7.25/hour, no benefits, as follows: Preparation for Camp Program: June 28 – July 2 - (not to exceed a total of 15 hours) Camp Program: July 12–Aug. 13 -Mondays, Wednesdays, Thursdays & Fridays: 9:00AM-12:00Noon -Tuesdays: 9:00AM – 5:00PM Swim Program: July 12 – Aug. 13 - Mondays, Wednesdays & Thursdays: 12:00noon–5:00PM (Except Raindays) Ayes: Mayor Jackson & Trustee Scott Noes: None Hillburn Historical Society - Beverly Flanagan reported that she will be putting more time in. Public Comments Pat Osterhoudt (159 Sixth Street) stated that the tree at the end of her driveway needs to be taken down. Branches have been falling. (DPW Supt. will inspect same) Joseph Tursi (28 Terrace Avenue) questioned the status of the invoices sent to residents by the by RC Sewer District. (Mayor Jackson stated a response has not been received) Joseph Alexander (127 Sixth Street) questioned the reports regarding dumping at the Reservoir. Mayor Jackson stated he had received phone calls from Channel 12 News and the Journal News regarding this matter and he has informed them there is no illegal dumping being done, nor is the dam being filled in. There has been some dirt from the sewer installation project on Boulder Avenue & Sixth Street that has been spread. An inspection of the area was made with a representative from the NYS DEC and Trustee Scott. The DEC representative did not see any problems; however the soil will be tested and a report supplied. Pat Osterhoudt stated that she has witnessed trucks of dirt coming from Route 17. (see tape) Mayor Jackson reiterated that there is no dumping into reservoir. The Dam was never meant to hold back water and will be decommissioned. Rodney VanDunk stated he had called the Journal News, Channel 12 News and the NYS DEC. He is concerned because this area is a watershed. Beverly Flanagan (17 Blakeslee Place) questioned if there is a report available from the NYS DEC regarding their inspection. -Mayor Jackson stated that the inspection was only made yesterday. -Mrs. Flanagan questioned if Metra’s contract included the cost for removal of dirt from the project out of the Village. Further, will additional dirt will be placed in the area prior to receipt of the report from NYS EC. -Mayor Jackson replied that to his knowledge, dirt is not to be removed from the Village. There will be no additional dirt taken to the area until the report is received from the NYS DEC. (Engineer McCreedy was excused from the meeting in order attend another meeting) (Attorney Simon arrived at meeting) Rodney VanDunk questioned Attorney Simon if he had submitted a letter of resignation to the Village Board. -Attorney Simon replied yes. Geoff Welch stated that soil has been placed in the area of the reservoir and he does not feel that it is a good idea due to the rattlesnake population in the area. He feels a permit would be required. -Mayor Jackson stated the Village Board is awaiting the report from the NYS DEC. June Osterhoudt (155 Sixth St) stated the reservoir is in a wetlands area. When there is a heavy rainfall, the reservoir fills all the way to the top. Now there is no water in the stream and she feels it could be blocked. -Mayor Jackson stated that the dirt that was spread is no where near the springs. All areas are very dry due to lack of rainfall. Craig Van Dunk (37 Seventh St) stated his concerns regarding where the water will go. Representative for Chuck Stead–Cooperative Extension stated the benefits of the Village joining the Consortium. Mayor Jackson replied that he has been in touch with Mr. Stead. Rich Mellon (24 Lake Avenue) questioned who authorized Metra to dump the dirt? -Mayor Jackson stated that there is no dumping being done. The RC Sewer District and the contractors’ have coordinated the spreading of dirt. Mr. Mellon stated that the dirt is in the dam. Ann McCormick (160 Sixth Street) questioned the availability of a petition that had been discussed at a previous meeting regarding the poor condition of the roads. Mayor Jackson stated petition is not available. Blasting is complete and patching should begin soon. Rich Mellon stated that he has traveled to many different villages/towns and they have areas fenced in. Mayor Jackson replied that there is a gate blocking the entrance to the reservoir area and same is to be kept locked by the DPW Supt. Jeff Fountain questioned why the spreading of dirt is not controlled by the Village. Cindy Fountain stated she is a cancer survivor and feels that many residents have gotten cancer due to contamination by the Ford Co. She is concerned that the dirt taken to the reservoir came from the property on Route 17 that was determined to be contaminated. -Mayor Jackson stated that the dirt cam from Boulder Avenue. Beverly Flanagan questioned if any more dirt will be spread. Mayor Jackson stated that no additional dirt will be spread in the area until receipt of the NYS DEC’s report. DPW Supt. Tom Conklin stated that the dirt was spread less than a week ago and could not have impacted any of the wells. Years ago, the Village treated the water in the reservoir and same was used for potable water. Now the water flows downhill and is treated by United Water. The reason the stream is dry is because everything is dry due to the lack of rainfall. Geoff Welch recommended that a SEQRA process to address issues. Rich Mellon stated that matter should have been reviewed prior to placing the dirt in the area. -Mayor Jackson stated that the matter has been followed up on. Deborah Duncan (21 Fulton Pl.) stated that the property adjacent to hers is not being properly maintained. -Mayor Jackson stated that the Building/Fire Inspector has been following up on same. -Inspector Nicholson stated that letters have been sent and an Order to Remedy will be issued if the property is not properly maintained. -Attorney Simon stated that possible avenues to take would be scheduling a public hearing and imposing the Village’s Nuisance Law. -Inspector Nicholson will follow up on this matter. Public Comment period was closed. Correspondence (listing attached) Scheduling of Board Meetings for July & August 2010 A MOTION was made by Trustee Scott and seconded by Mayor Jackson that one meeting be held in the months of July and August, 2010 as follows: Wednesday, July 21, 2010 – 7:00PM Wednesday, August 18, 2010 – 7:00PM Ayes: Mayor Jackson & Trustee Scott Noes: None Maturity of $24,600.00 BAN (Acquisition of DPW Utility Truck) A MOTION was made by Trustee Scott and seconded by Mayor Jackson authoring the Village Attorney to seek interest bids on a $16,400 BAN to renew, in part, the $24,600 BAN that matures on August 20, 2010. Ayes: Mayor Jackson & Trustee Scott Noes: None RE: Grant Awarded through Assemblywoman Annie Rabbitt’s Office for DPW Equipment – The Village Clerk reported that approval was received on 6/28/10 to purchase the equipment under the grant that was awarded on June 15, 2009 in the amount of $5,476.00. However, the purchase must be made, the items received and paid for on or before 7/23/10. -Attorney Simon recommended purchasing the items under State Contract. -The Village Clerk stated that a proposal for the tools was received from Pomona Power Equipment. -Pursuant to a discussion on same, The following RESOLUTION was offered by Trustee Scott and seconded by Mayor Jackson who moved its adoption: WHEREAS, the Village of Hillburn was awarded a grant in the amount of $5,476.00 for the purchase of DPW Equipment/Tools through the office of Assemblywoman Annie Rabbitt on 6/29/10; and WHEREAS, on 6/2/10 the State provided the Village with a fully executed Community Projects Appropriation Agreement 7H09473; and WHEREAS, the 6/28/10 contract period expires on 7/31/10 therefore the purchase must be made, received and paid for on or before 7/29/10 in order to file in a timely fashion; and WHEREAS, a proposal for the equipment/tools had been obtained from Pomona Power Equipment on 3/12/10 in the amount of $5,405.00; and WHEREAS, as advised by the Principal Account Clerk at the NYS Dept. of State, Member Item Grants do not have to be advertised for bids; rather the purchase is to be made in accordance with the Village’s Procurement Policy; THEREFORE, BE IT RESOLVED by the Village Board of Trustees to authorize the purchase of equipment/tools from Pomona Power Equipment at a cost not to exceed $5,405.00, upon receipt of a current proposal, and to submit the proper claims for reimbursement from the State of New York. Ayes: Mayor Jackson & Trustees Scott Noes: None RE: Grant Awarded for Open Space Project: Veterans Memorial Park Walking Path in the amount of $3,000 It has been determined that this project is not feasible at this time. However, the Hillburn Fire Department is in need of turnout gear. The following RESOLUTION was offered by Trustee Scott and seconded by Mayor Jackson who moved its adoption: WHEREAS, the Village of Hillburn had been awarded a grant in the amount of $3,800 to do certain work at Veterans Memorial Park, and WHEREAS, the respective project does not appear to be essential at this time; and WHEREAS, the money in the grant would better serve the citizens of the Village if it were used to purchase new fire equipment for the Hillburn Fire Department; THEREFORE, BE IT RESOLVED by the Village Board of Trustees to authorizing the Village Clerk-Treasurer to file the necessary application to reallocate the grant so as to permit the purchase of equipment for the Hillburn Fire Department and FURTHER, BE IT RESOLVED that the Village Clerk-Treasurer may file the necessary request to extend the expiration date of the grant. Ayes: Mayor Jackson & Trustees Scott Noes: None Town of Ramapo Fire Protection District #1 – The Town of Ramapo has submitted a request pertaining to the Village’s fee for Fire Protection Services for the 2011 Town Budget. Matter will be reviewed and discussed by the Village Board. A MOTION was made by Trustee Scott and seconded by Mayor Jackson to adjourn the meeting at 8:30PM. Ayes: Mayor Jackson & Trustees Scott Noes: None