VILLAGE OF HILLBURN Board of Trustees Meeting Wednesday, October 13, 2010 – 7:00PM MINUTES OF THE BOARD OF TRUSTEES MEETING held on Wednesday, October 19, 2010, in the Municipal Meeting Room, 31 Mountain Avenue, Hillburn, NY, commencing at 7:00 PM. PRESENT: Bernard L. Jackson, Mayor Craig M. Flanagan, Jr., Trustee Thomas R. Scott, Trustee Robert Yodowitz, Village Attorney Thomas M. Conklin, DPW Supervisor ABSENT: Glenn McCreedy, Village Engineer RECORDER OF MINUTES: Gladys DeFreese, Village Clerk-Treasurer Meeting was called to order by the Honorable Mayor Bernard L. Jackson. Village Attorney Robert Yodowitz led in the Pledge of Allegiance. Minutes of Meeting – 9/29/10 A MOTION was made by Trustee Scott and seconded by Trustee Flanagan to approve the minutes of the 9/29/10 meeting, as prepared. Ayes: Mayor Jackson, Trustee Flanagan & Scott Noes: None Reports to the Street & Water Commissioners A MOTION was made by Trustee Scott and seconded by Trustee Flanagan to incorporate the Reports to the Street & Water Commissioners in the minutes. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None Police Commissioner's Report – Mayor Jackson reported: -Mayor Jackson will schedule a Police Advisory Committee meeting soon. DPW Report – Supt. Thomas Conklin reported: -Final grass cutting is being done. -Leaf Season - Leaves can be placed at curbside beginning October 15th. Deadline will be determined. -RE: 4th St. Bridge – No further information has been received. -RE: NYS Thruway Bridge–The granite curb blocks were removed, sand/grit cleaned, and blocks replaced. -The streets were swept last week, garage(s) have been cleaned and water meters are being installed. -RE: Youth Center – On 10/4-5/10, repair was made to molding/soffits that had fallen off. -Mayor Jackson commented on the low level of the water tank. Supt. Conklin stated he had contacted United Water who advised that there was a problem with the pressure. The tank has risen to 18’; however it is still not as high as it used to be. It may continue to rise a bit more. H.F.D. Report – 1st Asst. Chief Shane Starr reported: 10/12/10 Structure Fire – 1 Torne Brook Road, Ramapo Hamlet – Chief Starr commended H.F.D. members Nelson Scott, Joe Neyen and Elkin Escobar for their swift response. All occupants got out safely. -Request for purchase of items to replace items used/lost/damaged during the 10/12/10 incident- A MOTION was made by Trustee Flanagan and seconded by Trustee Scott authorizing the purchase of the following equipment: Vendor: Goosetown Communications: (5) Motorola Batteries $ 55.00 $ 275.00 Vendor: Garrison Fire & Rescue Corp: (1) Fire Hooks Flathead Axe $ 45.00 $ 45.00 (1) Fire Hooks Pickhead Axe 50.00 50.00 (1) Fire Hooks Probar 205.00 205.00 (1) Snap-Tite Orange Fire Hose 125.00 125.00 (2) 5 Gallon Round Pails Foam 85.00 170.00 (3) Replacement Batteries 199.00 597.00 (20)Misc. Equipment Marker 5.50 110.00 $1,302.00 Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None -Asst. Chief Starr stated that at the 10/12/10 incident, his phone was damaged. (Mayor Jackson stated that he will take the phone for repair to the local Nextel representative. -The Village Clerk advised a Purchase Order had been supplied to MES for testing of air tanks and packs. -RE: Internet Service in Chief’s Office – Asst. Chief Starr questioned the status of the internet service. -The Village Clerk stated the Village Board was in receipt of proposals from Verizon and Optimum Online. (no action taken) -Trustee Flanagan commended the new HFD members on their performance at the 10/12/10 incident. -Mayor Jackson stated that he received praise from the Supervisor’s Office for the H.F.D.’s response. -Asst. Chief Starr stated that he has contacted the Ramapo Fire Inspector regarding the lack of water supply in the area of 1 Torne Brook Road. Upon responding to the10/12/10 incident, it was determined that the closest working fire hydrant was approximately 2,800’ away. -Mayor Jackson stated that he will send a letter to the President of United Water regarding the lack of emergency personnel to respond to the need for water to a hydrant on 10/12/10. Asst Chief Starr was excused from meeting. -RE: 5-CFR – 8/18/10 Accident – Pictures were supplied by the HFD and a 10/8/10 estimate has been received from Valtek and provided to Village Board and H.F.D. Chief. Same have been forwarded to the Village’s insurance company. -Mayor Jackson reported he had spoken to the Ramapo Supervisor regarding funding for turnout gear. Western Ramapo Sewer District Extension RE: 10/5/10 Notice – RCSD #1 Dye Testing Program will commence 10/12/10 and continue to the end of the month. The Village Board is in receipt of detailed information regarding the Dye Testing Program. -Mayor Jackson and DPW Supt. Conklin will be attending an RC Sewer District Progress Meeting at the trailers tomorrow morning. Claim from Metra Industries – Sixth Street Bridge Milling/Repaving – The claim, in the amount of $4,000.00, was tabled by the Village Board. -The Village Clerk-Treasurer was authorized to submit the project for funding under the CHIPs Program. Village Engineer’s Report – Engineer McCreedy not present. RE: Dam Remediation Project – The Village is awaiting a response to the Village Attorney’s letter requesting an extension of the February 2011 contract deadline. Approval by NYS DEC is still pending. -The Village Clerk reported the Notice of Complete Application from the NYS DEC was published in the Journal News on 9/30/10. RE: Claim filed by Brooker Engineering - Dam Remediation Project IT WAS RESOLVED by the Village Board to table the 10/8/10 Claim (Inv. #103334) in the total amount of $187.50, submitted by Brooker Engineering for services in conjunction with the Dam Remediation Project: Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None Community Development -2011 Citizens Advisory Committee Members: Dwaine Perry, Beverly Flanagan, Joseph Alexander, Thomas Lyons, Barbara Kroll-Conklin, Wilma Powell and Sheree Edwards. The first meeting was held on this date, 10/13/10 at 6:00PM. RC CD Director Joseph Abate was present. The second of the two required meetings will be held on November 17, 2010. Village Attorney’s Report – Attorney Robert Yodowitz reported: RE: Tax Certiorari Settlements (TBS Realty & O & R Utilities) - A draft Resolution has been supplied by the Village’s Bond Council, Hawkins Delafield & Wood regarding a proposed Bond in the amount of $420,000. Matter will be placed on the 10/27/10 Board meeting agenda to allow time for review by the Village Attorney and Village Board. -Mayor Jackson explained the tax certiorari settlements and the proposed Bond. Zoning Board of Appeals – No report. Planning Board – No report. Next meeting is scheduled to be held on 10/21/10. Building/Fire Inspector’s Report – William Nicholson reported: -Attended a Fire Alarm and Detection Systems for Code Enforcement Officials Course at Valhalla Fire Training Center (7 Credits) on October 12, 2010. A MOTION was made by Trustee Flanagan and seconded by Trustee Scott authorizing reimbursement of the $50.00 registration fee to William Nicholson to attend the 10/12/10 Fire Alarm and Detection Systems for Code Enforcement Officials Course. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None -As approved at the 9/29/10 meeting, Inspector Nicholson will attend the RC Soil & Water Conservation District – Construction Site Contractors & Operators Erosion and Sediment Control Required Training on 10/28/10, from 12:00Noon to 5:00PM at the RC Fire Training Center. RE: 2010-2011 Fire Permits – Nearing completion. -Trustee Flanagan stated that egress/ingress is still being blocked by crates from Fabulous Paper (RE: Building #11M at 143 Route 59. (Owner: Realty Mgmt/Hillburn Industrial Park). -Mayor Jackson reported he and the Building/Fire Inspector had made an inspection of the building this morning and violations still exist. -Inspector Nicholson has sent a letter to the H.F.D. advising of the current violations (blocked aisles, etc.). and will provide Mayor Jackson with a phone number for the Department of Labor. -Attorney Yodowitz reported that the matter had been placed on the Hillburn Justice Court Docket for next month; however, he has requested that it be rescheduled for 10/19/10. RE: 10/12/10 Fire Call at 26 Seventh Street - Mayor Jackson reported on the incident which involved smoke coming from the respective residence. Due to Inspector Nicholson was attending a training class, the Town of Ramapo Fire Inspector was contacted and determined that the problem involved poor venting from a wood burning stove. Tenant was advised of the required repair. -Building/Fire Inspector Nicholson reported he had made an inspection of the residence today and the tenant has complied. Copy of letter was also provided to the H.F.D. Property Maintenance issues are being followed up on. Residents are reminded to make sure their smoke and carbon monoxide detectors are working properly. Escrow Accounts – No report. Senior Citizens – Mary Boone, President reported: -Everything is going well. -Thanks were extended to everyone for their support at the Seniors’ 35th Anniversary Celebration. -Mrs. Boone thanked the DPW for their assistance in setting up for the annual picnic and the H.F.D. for attending a meeting to speak on fire safety. Recreation – Trustee Flanagan read the written Recreation Report -10/29/10 Halloween Party – Preparations are complete. High School students have volunteered to help out. -RE: 2010 Christmas Party – Plans are being made. A request was made to contact Frank Depew to provide Santa Claus service. 7:30PM A MOTION was made by Trustee Flanagan and seconded by Trustee Scott to adjourn from the regular meeting in order to hold an Executive Session to discuss a personnel issue. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None 7:35PM – Regular meeting resumed. RE: Position of Recreation Aide Mayor Jackson reported that pursuant to the resignation of the Youth Activities Coordinator, there is a need for an additional Recreation Aide. Henry Martinez had served as a 2010 Summer Aide for the Camp and Swim Programs and did a fine job. A MOTION was made by Trustee Flanagan and seconded by Trustee Scott to appoint Henry Martinez to the part-time position of Recreation Aide at the rate of $7.25/hour, no benefits, effective Monday, October 18, 2010. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None Hillburn Historical Society Beverly Flanagan reported she met with Penny Duffy, a former resident who has volunteered to serve. -Plans are being made for an Open House on 11/7/10. Fliers will be posted. Mayor Jackson reported the Town of Ramapo has supplied free tickets to Lafayette Theatre’s Classic Movie Showings and free passes to the 11/22/10 Spring Valley High School Jazz Concert. Same will be available to those interested in attending. Public Comments Beverly Flanagan (17 Blakeslee Place) questioned the $420,000 Bond and if there was a payment schedule for the repayment of the tax certiorari settlements. (Attorney Yodowitz replied that there is a two year payment schedule for the $120,000 TBS Realty settlement and a seven year payment schedule for the $300,000 O & R settlement. Dwaine Perry (13 Boulder Avenue) suggested the Village apply for additional bonding money of approximately $1.2 million for a sustainable growth project. (Mayor Jackson stated that the Village can only bond for the amount actually needed) Mayor Jackson made mention of a memo he has sent to Department Heads advising that due to budgetary constraints, all purchases must be authorized by the Mayor and approved by the Village Clerk-Treasurer. Beverly Flanagan questioned why purchases needed approval by the Village Clerk-Treasurer. (Mayor Jackson stated the proper procedure is for Purchase Orders to be issued and same are signed by the Clerk-Treasurer (Chief Financial Officer)). Carolyn Caccamo (27 Terrace Avenue) questioned the limitation on spending. (Mayor Jackson stated that the Board has never denied the requests for required purchases; however, proper procedures must be followed so that expenditures are kept within the budget) -Mrs. Caccamo stated her concern that taxes will increase due to the tax certiorari settlements. (Mayor Jackson stated that the tax certioraris date back to 2002 and have just now been settled by the Court. The Village must now try to find the most fiscally responsible method to satisfy these judgments) Beverly Flanagan questioned if the position of Youth Activities Coordinator will be filled. (Mayor Jackson replied no. It has been determined by the Village Board that the position is not required. Angela Flanagan will coordinate the Recreation Program) With no further comments, public comments were closed. Correspondence – The Village Board was in receipt of copies of all correspondence. -Assemblywoman Annie Rabbitt – RE: MTA Draft Resolution. (tabled by Village Board) Request for Use of Youth Center - Applicant: Dwaine Perry Dates/Times: Saturday, October 9 & 23, 2010 / 11:00AM – 1:00PM Sunday, October 24, 2010 / 1:00PM-3:00PM Purpose: Ramapo Lenape Nation – Language Class A MOTION was made by Trustee Flanagan and seconded by Trustee Scott to ratify the Mayor’s approval of the 10/9/10 Youth Center Use and to approve the 10/23/10 and 10/24/10 Youth Center Use by Dwaine Perry. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None Voucher Claims were reviewed by the Board who approved payment of same. Budgetary Transfers The Village Clerk-Treasurer advised that one $5,000 payment has been made and another $5,000 is scheduled to be paid 11/1/10 regarding the TBS Tax Certiorari. Accordingly, authorization is needed to transfer funds from the Contingency Account to cover these expenditures. A MOTION was made by Trustee Flanagan and seconded by Trustee Scott to approve the following transfers: FROM: A19904 TO: A19350 AMOUNT: $10,000 Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None NYS Office of Court Administration – 2010 Webcast - Adjudicating Local Ordinances The Village Clerk advised that Court Clerk Yvonne Van Dunk has requested to participate in the live interactive webcast to be held on Wednesday, October 27, 201 at 6:15PM. Although there is no registration fee to participate, Village Board authorization is needed for the overtime hours. IT WAS RESOLVED by the Village Board to authorize Yvonne Van Dunk, Court Clerk, to participate in the 10/27/10 Live Webcast “Adjudicating Local Ordinances” that commences at 6:15PM and to be compensated for the additional hours. RE: NYS & Local Retirement System - New Changes for Elected and Appointed Officials The Village Clerk reminded Trustees Flanagan and Scott to submit the required calendars. A MOTION was made by Trustee Flanagan and seconded by Trustee Scott to adjourn the meeting at 8:05PM. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None