VILLAGE OF HILLBURN Board of Trustees Meeting Wednesday, January 12, 2011 - 7:00PM MINUTES OF THE BOARD OF TRUSTEES MEETING held on Wednesday, January 12, 2011, in the Municipal Meeting Room, 31 Mountain Avenue, Hillburn, NY, commencing at 7:00 PM. PRESENT: Bernard L. Jackson, Mayor ABSENT: Thomas M. Conklin, DPW Supervisor Craig M. Flanagan, Jr., Trustee Thomas R. Scott, Trustee Robert Yodowitz, Village Attorney Glenn McCreedy, Village Engineer RECORDER OF MINUTES: Gladys DeFreese, Village Clerk-Treasurer Meeting was called to order by the Honorable Mayor Bernard L. Jackson. Beverly Flanagan led in the Pledge of Allegiance. Minutes of Meeting – December 15, 2010 A MOTION was made by Trustee Scott and seconded by Trustee Flanagan to approve the minutes of the 12/15/10 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 DPW Report – Supt. Thomas Conklin not present In the absence of DPW Superintendent Conklin, the Clerk-Treasurer read his written report: -The mold board and 10’ foot cutting edge have been purchased and installed on trucks. -Rear tires for backhoe were mounted and installed on backhoe. -O & R has been contacted regarding the proposed installation of new light. A written letter is to be sent to O & R Utilities with the exact location. -The new Bulk Trash Pick Up Schedule is in effect at 1/01/11. The first scheduled pick-up day is Thursday, January 20, 2011. A MOTION was made by Trustee Scott and seconded by Trustee Flanagan to accept the written report as submitted by DPW Supt. Conklin. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None Police Commissioner's Report – Mayor Jackson stated there is no report. H.F.D. Report – Chief Laurens Winter reported: -The H.F.D. responded to 5 fire calls, 2 drills and 6 wakes since the last meeting of the Board. -The following emergency purchases were made from Goosetown Communications: -5 batteries for the Minitor V Pagers -6 batteries for the Minitor IV Pagers -A quote was submitted for the purchase of one (1) new pager from Goosetown Communications at the cost of $580.00. -Four (4) additional pagers are at Goosetown Communications for repairs. IT WAS RESOLVED by the Village Board to ratify the emergency purchases of 11 pager batteries from Goosetown Communications; and FURTHER, pursuant to review of the inventory of pagers purchased for the H.F.D. by the Village Clerk and the H.F.D. Chief to determine if any are still under warranty, repair of same is hereby authorized; and FURTHER, to approve the purchase of a new pager from Goosetown Communications in the amount of $580.00. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None -A request was made for Thomas Scott to be placed on the Village’s insurance. -Five (5) H.F.D. members are enrolled to attend classes at the RC Fire Training Center: Christine Winter, Larry Winter, Ryan Conklin, Joe Neyen and Ed Kelly, Jr. -Air Bottles are being hydro-tested by MES. -A request was made for the purchase of five (5) bags of Speedy Dry from Wilson’s. Reimbursement for this material was not submitted in a timely fashion to the NYS DOT and; therefore, this purchase needs to be funded by the Village. A MOTION was made by Trustee Flanagan and seconded by Trustee Scott to approve the purchase of five (5) bags of Speedy Dry from Wilson’s. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None H.F.D. Chief Winter left the meeting. RE: Proposals for Installation of Telephone and Internet service at H.F.D. building. The Village Clerk reported that two proposals were received as follows: Optimum Internet Service: $29.95 per month (one year) $49.95 per month thereafter Phone Service: $29.95 per month (one year) $34.95 per month thereafter Installation Fee – One Time fee of $46.95 + tax Verizon Internet Service: $39.99 per month A MOTION was made by Trustee Flanagan and seconded by Trustee Scott to accept the proposal from Optimum Online for internet and phone service. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None Western Ramapo Sewer District Extension Building/Fire Inspector Nicholson reported he was contacted by the RC Sewer District regarding a malfunction at the Wastewater Treatment Plant. The alarm was taken off-line temporarily, the repair was made, and the alarm was put back on-line. Village Engineer’s Report – Glenn McCreedy reported: RE: Dam Remediation Project – -Annual Certification of Dam - The Village Board authorized Engineer McCreedy to respond to the 12/31/10 correspondence – RE: 11/4/10 Annual Visual Inspection of Hillburn Reservoir Dam. -A discussion was held on commencing the formal bidding process and, if possible, to sit down with local contractors to get an idea of costs. RE: TJG Realty of Rockland - In follow-up to the Building Permit issued pursuant to Site Plan Approval by the Planning Board, Engineer McCreedy advised that MS-4 inspections will be required for this project and requested the Village Board to require a $5,000 escrow account be established by the property owner to cover the cost of inspections. A MOTION was made by Trustee Flanagan and seconded by Trustee Scott to require the applicant, TJG Realty of Rockland, to establish an escrow account in the amount of $5,000 to cover the cost for periodic site visits for this project to review the Stormwater Pollution Prevention Plan maintenance and soil erosion and sediment control practices in accordance with Local Law No. 2 of 2008. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None Village Attorney’s Report – Attorney Robert Yodowitz reported: -RE: Dam Remediation Project – He has spoken to Mark Kruszona, NYS DEC Environmental Program who has assured him that the contract for funding for this project will be extended and is not in jeopardy. Written confirmation is forthcoming. -Rockland County Multi-Jurisdictional Hazard Mitigation Plan The following RESOLUTION was offered by Trustee Flanagan and seconded by Trustee Scott who moved its adoption: WHERAS, The Disaster Mitigation Act of 2000 (DMA 2000) P.L. 106-390) provides an opportunity for States, Tribes, and local governments to take a new and revitalized approach to mitigation planning; and WHEREAS, DMA 2000 amended the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Act) by repealing the pervious Mitigation Planning section and emphasizes the need for State, Tribal and local entities to closely coordinate mitigation planning and implementation efforts; and WHEREAS, the Village of Hillburn in partnership with the County of Rockland and with the assistance of U.R.S. Corporation, has gathered information and prepared the Rockland County Multi-Jurisdictional Hazard Mitigation Plan; and WHEREAS, the Rockland County Multi-Jurisdictional Hazard Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and WHEREAS, the Village of Hillburn has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and WHEREAS, the Village of Hillburn has reviewed the Plan and affirms that sections pertaining to the Town will be updated no less than every five years; NOW THEREFORE, BE IT RESOLVED that the Village of Hillburn adopts the Rockland County Multi-Jurisdictional Hazard Mitigation Plan as this jurisdiction’s Natural Hazard Mitigation Plan and resolves to execute the actions in the Plan. Ayes: Bernard L. Jackson, Mayor, Craig M. Flanagan Jr. Trustee, Thomas R. Scott, Trustee Noes: None RESOLUTION was unanimously adopted. 7:25PM A MOTION was made by Trustee Flanagan and seconded by Trustee Scott to adjourn from the meeting in order to hold an Executive Session to discuss personnel matters. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None 7:30PM – Regular meeting resumed. 7:30PM A MOTION was made by Trustee Flanagan and seconded by Trustee Scott to adjourn the regular meeting in order to hold the scheduled Public Hearing. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None 7:30PM - Public Hearing - 2011 Community Development Program The Notice of Public Hearing was duly published by the RC Consortium. -Mayor Jackson reported that the two required meetings of the Citizens Advisory Committee were duly held on October 13, 2011 and November 17, 2011.   The Committee recommends the following project for the 2011 Community Development Program:  Replacement of Sidewalks & Curb Cuts throughout Village Requested Funding:  $100,000.  Deadline for filing the application for the 2011 Community Development Program is January 31, 2011. Hearing was opened for Public Comments. Mary Boone questioned if the Fountain Pond was considered as a project. -Mayor Jackson stated that it has been discussed. Beverly Flanagan stated she is on the Citizens Advisory Committee and questioned when the second meeting was held. She had been informed that the meeting of November 17, 2011 was not considered a meeting due to the lack of Committee members in attendance. -Mayor Jackson stated that he had thought that more members were required to be considered a meeting; however, he was advised that it is not required and the duly scheduled meeting was satisfactory. However, additional meetings regarding projects may be held. -Trustee Scott stated that the sidewalks were discussed. Mary Boone questioned what sidewalks were slated for repair and stated that only this side of the Village has sidewalks. Mrs. Boone suggested applying for both the sidewalk replacement project and the Fountain Pond improvement project, as it is the center focal point of the community. -William Nicholson questioned who evaluates the sidewalks. -The Village Clerk stated the DPW determines same. The need for improvements at Veteran’s Pond Park, including digging a new well, was discussed. -Mayor Jackson stated that the staff at RC Community Development Office has offered to assist in the completion of the application. -Mayor Jackson thanked the 2011 Citizens Advisory Committee members for their dedication and input. With no additional comments A MOTION was made by Trustee Scott and seconded by Trustee Flanagan to close the Public Hearing. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None Regular meeting resumed. A MOTION was made by Trustee Flanagan and seconded by Trustee Scott to approve the filing of two applications for the following projects and the respective applications be filed for the 2011 Community Development Program:             Replacement of Sidewalks & Curb Cuts throughout Village Fountain Pond Park Improvements And FURTHER, the applications will be filed with the Rockland County Office of Community Development prior to the deadline date of January 31, 2011. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None Village Election – March 15, 2011 The following Resolution was offered by Trustee Flanagan and seconded by Trustee Scott, who moved its adoption: WHEREAS, the next General Village Election for Officers will be held on Tuesday, March 15, 2011, BE IT RESOLVED that the Election will be held at the Municipal Building, 31 Mountain Avenue, Hillburn, New York, between the hours of 12:00 noon and 9:00 PM. Ayes: Bernard L. Jackson, Mayor, Craig M. Flanagan, Jr. Trustee, Thomas Scott, Trustee Noes: None RESOLUTION was unanimously adopted. RESOLUTION – Abolishment of Hillburn Voter Registration Day Mayor Jackson stated the Village of Hillburn is one of the few Villages that still hold a Registration Day. Only a small number of residents register each year and it is only for the upcoming Village Election. This has caused confusion when residents try to vote at other elections and realize they are not registered. The following Resolution was offered by Trustee Flanagan and seconded by Trustee Scott, who moved its adoption: WHEREAS, the next General Village Election for Officers will be held on Tuesday, March 15, 2011, BE IT RESOLVED that: 1. Village of Hillburn Voter Registration Day is hereby abolished. 2. No Village resident shall be entitled to vote in the March 15, 2011 Village Election unless that Village resident is registered to vote with the Rockland County Board of Elections. 3. The Election will be held at the Municipal Building, 31 Mountain Avenue, Hillburn, New York, between the hours of 12:00 noon and 9:00PM. Ayes: Bernard L. Jackson, Mayor, Craig M. Flanagan Jr., Trustee, Thomas R. Scott, Trustee Noes: None RESOLUTION was unanimously adopted. 2011 Assessment The Board of Assessors held a workshop meeting, as scheduled, on January 5, 2011. The following RESOLUTION was offered by Trustee Flanagan and seconded by Trustee Scott who moved its adoption: BE IT ENACTED that the Village Board of Assessors (Village Board) adopt the 2010 Town of Ramapo Assessment Roll for the 2011 Village of Hillburn Assessment Roll with the following changes, as set forth in the three (3) categories: (attachments) Category I - (Same as '10 Village Assessment) Category II - (Changes – New construction/demolition at 1/1/11) Category III - (Other Changes) Ayes: Bernard L. Jackson, Mayor, Craig M. Flanagan, Jr. Trustee, Thomas R. Scott, Trustee Noes: None The following RESOLUTION was offered by Trustee Scott and seconded by Trustee Flanagan who moved its adoption: BE IT ENACTED that the 2011 Village Assessment Roll be prepared and be on file in the Office of the Clerk-Treasurer by January 31, 2011; and such roll is to be open for public inspection, during regular office hours, from February 1, 2011 until February 15, 2011 and on Tuesday, February 15, 2011 from 6:00 PM until 9:00 PM, the Village Board of Assessors (the Village Board) will be present for the Hearing of Complaints. Ayes: Bernard L. Jackson, Mayor, Craig M. Flanagan, Jr. Trustee, Thomas R. Scott, Trustee Noes: None Exemption Applications of Real Property of Aged Persons – A total of 13 Renewals Applications were received. A MOTION was made by Trustee Scott and seconded by Trustee Flanagan to approve the 13 renewal applications (listing attached). Ayes: Bernard L. Jackson, Mayor , Craig M. Flanagan, Jr. Trustee, Thomas R. Scott, Trustee Noes: None Full Exemption – Church Properties – A total of 11 Renewal Applications were received and 1 New Application was received. A MOTION was made by Trustee Flanagan and seconded by Trustee Scott to approve the 11 renewal applications and 1 new application (listing attached). Ayes: Bernard L. Jackson, Mayor , Craig M. Flanagan, Jr. Trustee, Thomas R. Scott, Trustee Noes: None Veterans Exemptions – A total of 8 are in effect. (Listing Attached) A MOTION was made by Trustee Flanagan and seconded by Trustee Scott to approve the 8 applications (listing attached). Ayes: Bernard L. Jackson, Mayor , Craig M. Flanagan, Jr. Trustee, Thomas R. Scott, Trustee Noes: None Non-Profit Applications – Partial Exemptions in effect: H.O.G.A.R. for a total of (8) parcels. A MOTION was made by Trustee Flanagan and seconded by Trustee Scott to approve the 50% reduction in the assessment for the 8 parcels (listing attached). Ayes: Bernard L. Jackson, Mayor , Craig M. Flanagan, Jr. Trustee, Thomas R. Scott, Trustee Noes: None Building/Fire Inspector’s Report – William Nicholson reported: -NYSBOC – Next meeting scheduled for 1/18/11. -NYSBOC Rockland Spring 2011 Seminar – Classes will provide 21 credit hours towards the annual required of 24 credit hours. A MOTION was made by Trustee Flanagan and seconded by Trustee Scott to approve the attendance of Building/Fire Inspector William Nicholson at the NYSBOC Rockland Spring 2011 Seminar on May 3, 4, & 5, 2011 at the RC Fire Training Center and the registration fee in the amount of $300.00 will be funded by the Village of Hillburn. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None -A Building Permit has been issued to TJG Realty of Rockland. -Trustee Flanagan confirmed that the required escrow must be established before work begins. -Habitat for Humanity – Work is moving along on the last house on Fifth Street. -It is the residents’ responsibility to clear the snow/ice from the sidewalk in front of their homes. -A discussion was held on the need for proper garbage receptacles. -Trustee Flanagan reported a resident is parking in front of their home and blocking the sidewalk and questioned the regulations regarding same. Inspector Nicholson stated letters will be sent regarding same. -Mayor Jackson stated that vehicles should not be parked on sidewalks. Escrow Accounts – No report. Hillburn Senior Citizens – Acting President Mary Boone reported: -Everything is going fine. There is an average of 45 members attending meetings. -The Hillburn Seniors will be meeting once in the months of January & February. H.F.D. Chief Winter will be attending the February 7, 2011 meeting to discuss the Free Smoke Alarm program. Recreation – Trustee Flanagan read the written report: -The 12/17/10 Christmas Party was a great success. Thanks were expressed to Frank DePauw (Santa) and Mr. & Mrs. Ken Conklin for the USMC toy donation. -The Youth Center will be closed on 1/17/11 – Martin Luther King Jr. Day. -Request for Purchase of Crafts from S & S Worldwide in the amount $242.67. A MOTION was made by Trustee Flanagan and seconded by Trustee Scott to approve the purchase of crafts supplies form S & S Worldwide in the total amount of $242.67. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None -RE: Required Training – A notice of new dates for training was received: 2/4/11 & 2/11/11. The attendance of Trustee Flanagan and Angie Flanagan was previously approved by the Village Board. Hillburn Historical Society Bev Flanagan reported that plans are being made for a meeting in February 2011 and an Open House in March, 2011. Details will be provided. Public Comments William Nicholson (49 Rockland Ave.) stated that the DPW has done a great job plowing. -Mayor Jackson agreed and stated that residents have cooperated by not parking on Village streets. Beverly Flanagan (17 Blakeslee Pl) questioned the hoses on the side of Rte 17 by Mt. Fuji Restaurant. -Mayor Jackson and Inspector Nicholson advised Mt. Fuji had been cited for an inadequate septic system by the NYS DEC and RC Health Dept. A temporary septic storage tank has been installed until a design for hooking into the sewer system is completed and acceptable to the NYS DEC and RC Health Dept. -Mrs. Flanagan stated there has been a problem with Mt. Fuji’s septic system for many years and questioned if there is a time frame. Mayor Jackson replied no; it is being overseen by the Engineers from the NYS DEC and RC Health Dept. -Mary Boone (9 Fox Hollow Rd) questioned if there is an estimated time. Mayor Jackson replied no. With no further comments, Public Hearing was closed. Request for Use of Hillburn Community Room Applicant: Gerri Levy, Rockland Housing Action Coalition Date/Time: Thursday, February 24, 2011/ 7:00PM Purpose: Homebuyer Information Meeting – 62 Sixth Street Correspondence - The Village Board was in receipt of copies of all correspondence. LOSAP – RBC Wealth Management – The Mayor was authorized to sign the Corporate Resolution amending the current list of officers to reflect Trustee Thomas Scott. Verizon – A notice of increase in the charge for internet service from $59.99 per month to 68.99 per month. – The Village Board authorized the Village Clerk to seek lower rates. Interest Bids for a $217,500 Bond Anticipate Note – (Partial Issuance of Approved $410,000 Serial Bonds – RE: Tax Certiorari Settlements for TBS Realty and O & R Utilities) -One interest bid was received as follows: J.P. Morgan Chase: 1.91% (non-callable) A MOTION was made by Trustee Scott and seconded by Trustee Flanagan to award the $217,500 B.A.N to the bank with the lowest interest bid, J.P. Morgan Chase. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None Orange & Rockland Utilities – 11/8/10 Stipulation & Order of Settlement (Rec’d 11/18/10) - The Village Clerk-Treasurer reported that payment number one of seven, in the amount of $30,000, will be made to Orange & Rockland on 1/15/11. Said payment will be made from the General Fund, to be reimbursed with proceeds from the B.A.N. Agreement between the Village of Hillburn and United Water New York – Attorney Yodowitz reported that he had received clarification regarding the fees detailed in the proposed rates (specifically RAC & MTBE) and inclusion of a waiver of past surcharges accrued up to date. Therefore, Attorney Yodowitz recommended that the Village Board approve the “Third Amendment of Agreement” dated 9/13/10. A MOTION was made by Trustee Scott and seconded by Trustee Flanagan to approve the 9/13/10 “Third Amendment of Agreement” and enter into a Wholesale Water Supply Agreement between the Village of Hillburn and United Water New York, commencing on October 1, 2010 and ending on July 31, 2013; and FURTHER, Mayor Jackson is hereby authorized to sign said Agreement, as amended. Ayes: Mayor Jackson, Trustees Flanagan & Scott Noes: None Meeting was adjourned at 8:45PM.