PUBLIC HEARING FIRE PROTECTION FEES CHAPTER 80-9B REPEAL

Transcription

1 PUBLIC HEARING FIRE PROTECTION FEES CHAPTER 80-9B REPEAL A Public Hearing was held on Tuesday, November 16, 2010 at 6:50 PM in the Boardroom of the Village Hall, 7 Stage Road, Monroe, NY. The purpose of the Public Hearing was to consider adoption of a Local Law to repeal from the Village Code, Chapter 80-9B Fire Protection Fees. Present: Mayor Purcell; Trustees Wright and Eppinger Also present: Attorney Bonacic, Building Inspector Wilkins, Police Chief Giudice, DPW Supt. Smith, Fire Chief Tankasali and Village Clerk Carey Absent: Trustee Chan and Trustee Gormley There was no one was present for the Public Hearing. Mayor Purcell read the Public Hearing notice. There was no written correspondence received; no comment, the hearing was closed at 6:55 PM. BOARD OF TRUSTEES MEETING TUESDAY, NOVEMBER 16, 7 PM Due to Election Day use of the Village Hall, the first of the bi-monthly meetings of the Board of Trustees was cancelled. The Board held its November Meeting on Tuesday, November 16, 2010 at 7 PM in the Boardroom of the Village Hall, 7 Stage Road, Monroe, NY. Mayor James Purcell called the meeting to order and led in the pledge to the flag. Exits were announced. Present: Mayor Purcell; Trustees Wright and Eppinger Also present: Attorney Bonacic, Police Chief Giudice, DPW Supt. Smith, Treasurer Murray, Building Inspector Wilkins, Fire Chief Tankasali and Village Clerk Carey Absent: Trustees Chan and Gormley IN TRIBUTE AND RESPECT CHARLES J. KING VILLAGE HISTORIAN: Mayor Purcell offered the following comment on the passing of Village Historian, Charles J. King: It was a sad day for the Village of Monroe as Charles J. King passed away on November 3, A lifelong resident of the Monroe community he distinguished himself as a businessman, the Village Historian for 17 years and active member of the community. Charlie, as he was known, was a friend to everyone throughout the community. Charlie will be missed but leaves behind a positive legacy for the Village of Monroe. The Village Board hereby recognizes Charlie King as an example of exemplary citizenship and for his pride in our community and does hereby record its deep sorrow at the passing of its distinguished friend and citizen and expresses its sympathy to his family and friends. A moment of silence followed. MINUTE APPROVAL: OCTOBER 5 TH AND 19 TH On a motion by Trustee Wright seconded by Trustee Eppinger, the Minutes of October 5 th and October 19 th were approved.

2 SENIOR HOUSING LEGISLATION SEE PAGE 303 & 310: This matter was tabled to the December 7, 2010 Meeting as a super majority vote is needed. BUDGETARY MODIFICATION: On a motion by Trustee Eppinger seconded by Trustee Wright, and carried, it was: RESOLVED, the Board authorized the Treasurer to make the following budget Modification to balance the budget: FROM: TO: A1560 Safety Inspection Fees A Engineering Contractual $11, PUBLIC HEARING AUTHORIZATION ZONING CHANGES: RENTAL PROPERTY, CHAPTER 158, DUMPSTER ENCLOSURES, CHAPTER (F), BUILDING PERMITS, , PERMITTED SIGNS, CHAPTER ; OUTDOOR FURNACE, CHAPTER 200-5; On a motion by Trustee Wright seconded by Trustee Eppinger, with all in favor, it was: RESOLVED, the Board of Trustees declared its intent to serve as lead agency under SEQRA for the purpose of legislation for Dumpster Enclosures, Chapter (F) (Rules and Requirements), Building Permits, Chapter (to include parking areas and land clearing), Permitted Signs, Chapter and Outdoor Furnace, Chapter (definition) and (add Q outdoor furnace prohibited) and declare it a Type II action under SEQRA. Attorney Bonacic prepared the EAF. Mayor Purcell was approved to sign the EAF. On a motion by Trustee Eppinger seconded by Trustee Wright, with all in favor, it was: RESOLVED, the Board of Trustees declared its intent to serve as lead agency under SEQRA for the purpose of legislation for Rental Property, Chapter 1458, (establishing a program for registering and identifying residential properties, determining the responsible owners that include annual fire inspections and fees) and declare this a Type II action under SEQRA. Attorney Bonacic prepared the EAF and Mayor Purcell was approved to sign it. On a motion by Trustee Eppinger seconded by Trustee Wright, with all in favor, it was: RESOLVED, the Board of Trustees authorized a Public Hearing be scheduled on December 21, 2010 at 6:30 PM to consider adoption of two Local Law amending the code of the Village of Monroe, for the following: 6:30 PM Dumpster Enclosures, Chapter (F) (establishing rules for enclosing existing dumpster areas as well as requirements for new enclosures). Building Permits, Chapter (amend building code to include parking areas and land clearing). Permitted Signs, Chapter (Application and requirements for Temporary Commercial, Business and Industrial Signs). Outdoor Furnace, Chapter (adds definition of an Outdoor Furnace); (adds Q - Outdoor Furnace prohibited).

3 6:45 PM: Rental Property, Chapter 158 (establishing a program for registering and identifying residential rental properties, determining the responsible owners that includes annual fire inspections and fees). COURT OFFICER POSITION APPOINTMENT TIMOTHY P LEE: see minutes page 212 It was the consensus of the interview panel that candidate Timothy P Lee be appointed to the position of P/T Court Security Officer. Mr. Lee is a veteran police officer, who retired after twenty-plus years of service with the NYPD, as a decorated NYPD Detective. On a motion by Trustee Wright seconded by Trustee Eppinger, and carried, it was: RESOLVED, the Board of Trustees accepted Judge Strauss s recommendation and does hereby appoint Timothy P. Lee, 153 Pine Grove Road, Middletown, NY to the noncompetitive position of part-time Court Security Officer, Civil Service Title 1199 per job description approved by the O.C. Department of Personnel. Effective Date of Appointment is 11/17/10 at the rate of $15/hour. Mr. Lee will serve a probationary period of one year. CHRISTMAS NATIVITY SACRED HEART CHURCH HOLY NAME SOCIETY: On a motion by Trustee Eppinger seconded by Trustee Wright and carried, it was: RESOLVED, the Board of Trustees approved the request of Sacred Heart Church s Holy Name Society to provide a Christmas Nativity display in Crane Park for the Christmas Holiday. Coordination will be made with DPW Superintendent Smith. A certificate of Insurance must be filed CERTIFICATION OF UNPAID VILLAGE TAX RETURN: The Unpaid Tax Report was certified by the Board and submitted to the Orange County Department of Finance by November 17 th in the amount of $161, ( 09 - $191,983.44; 08 - $173,548.06; 07 - $130,642.69; 06 98,727.17) AGREEMENT FOR SNOW AND ICE CONTROL ON CERTAIN COUNTY ROADS FOR SEASON: The Town of Monroe has opted not to do certain County roads this year. Supt. Smith is willing to do those roads. The County s agreement was reviewed and approved for the Mayor s signature by Attorney Bonacic. On a motion by Trustee Wright seconded by Trustee Eppinger, it was: RESOLVED, the Board of Trustees approve a one-year agreement for Control of Snow and Ice on Certain County Roads in the Village of Monroe pursuant to Article 5-G of General Municipal Law with the County of Orange. Said work to be performed in accordance with rules and regulations of the Orange County Commissioner of Public Works. It is further RESOLVED, the County will pay the Village on or before the 15 th day of April, 2011 the sum of $4,650 per mile for the following roads: Harriman Heights Road, County Road 71 leading from County Road No. 19 northeasterly to NYS Route l7m, a distance of 2.1 miles and West Mombasha Road, County Road No. 91, leading from County Road o. 5, Monroe-Greenwood Lake Road, at Cedar Cliff Road, southerly for 3.76 miles to the Town of Tuxedo Line. Any action, proceeding, claim, or demand against the Village arising from or out of the manner of performance of the functions under the agreement. It is further

4 RESOLVED, the Village of Monroe shall maintain the following insurance coverage as it applies to the liability under this contract: A. General Liability Insurance with a combined single limit of $1,000,000; B. Auto Liability Insurance with a combined single limit of $1,000,000 and C. Workers Compensation and Disability coverage as provided for under the Workers Compensation Law. The Village shall furnish the County with a Certificate of Insurance naming them as additional insured as respects this contract. The County in turn will provide insurance with limits of $2,000,000 in excess of A and B. It is further RESOLVED, subject to the above paragraph, the Village agrees to defend, indemnify and hold harmless the County, its officers, employees, agents and/or servants against any claim arising from or occasioned by the manner of performance or non-performance of the functions under this agreement. It is further RESOLVED, that the Board of Trustees authorize Mayor Purcell to sign said agreement and forward same to the Orange County of Public Works. MFC MEMBER ENDORSEMENT: FIREFIGHTER DAN EZRATTY; JUNIOR MEMBERS DANIEL KALMANOWITZ, GREGORY GOLDSTEIN AND ANTHONY PERLMUTTER On a motion by Trustee Wright seconded by Trustee Eppinger, with all in favor, it was: RESOLVED, the Board of Trustees accepts the recommendation of the Mombasha Fire Company and endorse the following memberships: Senior Membership: Dan Ezratty, 30 Prestwick Drive, Monroe, NY (resident status) Junior Membership: Daniel Kalmanowitz, 94 Quaker Hill Road, Monroe, NY (resident status) Gregory Goldstein, 154 Rye Hill Rd, Monroe, NY (resident status) Anthony Perlmutter, 56 Winchester Dr., Monroe, NY (resident status) POSITION CREATION DEPARTMENT OF PUBLIC WORKS SECRETARY: On a motion by Trustee Eppinger seconded by Trustee Wright, it was: RESOLVED, the Board of Trustees approve the creation of a part-time Department of Public Works Secretary position (29 hours per week), and direct the Village Clerk to file a New Position Duty Statement (MSD-222) with the Orange County Department of Personnel for approval. This position requires a Civil Service Test. PROVISIONAL APPOINTMENT: DANIEL J. GRAHAM, 3-MONTH F/T DISPATCHER On a motion by Trustee Wright seconded by Trustee Eppinger, with all in favor, it was: RESOLVED, due to the medical leave of absence of F/T Dispatcher James Arndt and the immediate need to fill the shifts, the Board appoints Daniel J. Graham, provisionally, for a 3- month period as a full-time dispatcher effective November 8, 2010 at the dispatcher entry level amount of $16/hour. MSD-426B s, Report of Personnel Change have been submitted to the Orange County Department of Personnel. Mr. Graham s provisional appointment will be returned to part-time status at the end of the 3-month period.

5 APPOINTMENT: LINDA BURROUGHS, VILLAGE HISTORIAN On a motion by Trustee Wright seconded by Trustee Eppinger, with all in favor, it was: RESOLVED, the Board of Trustees does hereby appoint Linda Burroughs to the position of Village Historian filling the vacancy created by the passing of Charles J. King. This appointment is effective immediately. This appointment is renewable yearly at the Organizational Meeting. CHANUKAH MENORAH (PROVIDED BY CHABAD OF ORANGE COUNTY: On a motion by Trustee Eppinger seconded by Trustee Wright, with all in favor, it was: RESOLVED, the Board of Trustees approved the request of Chabad of Orange County, through Rabbi Pesach Burston, to sponsor the Menorah for Crane Park for this coming Chanukah season, December 1-9, Coordination of delivery and removal shall be made with DPW Supt. Smith. Mayor Purcell and the Board were invited to join Chabad for their community Menorah Lighting Ceremony on 6 PM, outside, at 745 Route 17M at the new M&T Bank Building. Refreshments to follow at the offices of Dr. Vladimir Zelenko, suite 770. PD SOFTWARE MAINTENANCE AGREEMENT ADMIT COMPUTER SERVICE: On a motion by Trustee Wright seconded by Trustee Eppinger, and carried, it was: RESOLVED, the Board of Trustees approved the annual software maintenance renewal (support, service and upgrades) for the Police Department s Impact Public Safety Software through Admit Computer Service, Farmingdale, NY in the budgeted amount of $18, (A ). Contract period 12/1/10 to 11/30/2011. This software is a Records Management System used Countywide. HUDSON VALLEY WATER WORKS SEMINAR AUTHORIZATION: On a motion by Trustee Eppinger seconded by Trustee Wright, with all in favor, it was: RESOLVED, authorization is hereby given for the following Village employees to attend the all day Hudson Valley Water Works Seminar on Thursday, November 18 th, 2010 at the IBEW Conference Center at a cost of $30/employee ($120) from budget line F Adm. Education: DPW Supt. Smith / Water Plant Opr. Ernie Mabee / HEO John Mulligan / HEO Michael Hipsman Contract hours required for water license. REPEAL OF LOCAL LAW #1 OF 2009 FIRE PROTECTION FEE LOCAL LAW #2 OF 2010: On a motion by Trustee Wright seconded by Trustee Eppinger, it was: RESOLVED, the Board of Trustees does hereby adopt Local Law #1 of 2010 repealing from the Code of the Village of Monroe Chapter 80-9 B Fire Protection Fees. This Local Law shall take effect upon filing with the Secretary of State.

6 Mayor Purcell commented that the repeal of this legislation is a result of a court action. The Village was taken to court and lost. We are required to refund the fees collected. TREE LIGHTING CEREMONY: 5:40 PM, CRANE PARK The Annual Tree Lighting in Crane Park is scheduled for Sunday, December 5, 2010 at 5:45 PM. The ceremony will coincide with the Monroe Joint Park Recreation Commission s tree lighting and festivities to follow at 6 PM in Smith s Clove Park. The community is invited to attend. Refreshments will be served. COMPLIMENTARY HOLIDAY PARKING IN METERED GEN L BUSINESS DISTRICT: Mayor Purcell reminded everyone that there will be Complimentary Holiday Parking from December 1 st to January 3 rd in the metered General Business District of the Village. SERVICE CHARGE DISPUTE ACCOUNT 250 (TM# ): Water Account 250, 163 Stage Road, was once commercial property. When sold in 2002 it became single family residential property and has been verified as such with the assessor s office. The homeowner has been assessed the commercial rate quarterly service charge of $ Residential service charge rate is $ The homeowner is requesting a refund or credit. This matter was tabled to the December 7 th Meeting so that the Board can review the matter with the DPW Supt. WATER ACCOUNT INSTALLMENT PAYMENTS REQUESTED: Receiving a certified letter advising that water would be shut-off due to non-payment, Town Water Account 10205, 440 Round Lake Park Road has requested, due to financial hardship, an extension to pay the past due September Water Bill due to financial hardship. He paid $100 on the account on October 5 th. He is willing to pay the amount due by 11/30/10. On a motion by Trustee Wright seconded by Trustee Eppinger, with all in favor, it was: RESOLVED, due to a financial hardship, the Board extended the payment of the outstanding amount owed by Water Account to November 30, WATER ACCOUNT REQUEST FOR PENALTY WAIVER: Due to job losses for residents, Water Account (27 McGarrah Road) is requesting the Board s consideration in waiving the $9.12 penalty. The billed amount was paid on October 25 th. On a motion by Trustee Wright seconded by Trustee Eppinger, with all in favor, it was: RESOLVED, due to special circumstances, the Board approved waving the penalty of $9.12 for account WATER ACCOUNT REQUEST FOR PENALTY WAIVER: see page 175 Minutes, 11/5/08 In November 2008 the Village Board granted Emma Bradley a water tap for her one lot Subdivision. The house at 326 Cromwell Hill Road was sold in November The Homeowner has water supplied by the Village of Monroe. The bill however was being sent by the Village to the developer KJ Mountain Corp. As a result the homeowner never received a bill and penalties accrued. Once he was made aware of it, after the water was shut off, he promptly came in and paid the bill. Based on the circumstances involved in the late payment of of the bill, the homeowner is requesting the penalty of $ be waived. This matter was tabled to the December 7, 2010 meeting to allow the Board time to discuss the request with DPW Supt. Smith.

7 LEAD DOG MS SOCIETY REQUEST WALK SUNDAY, 5/1/11: Request was received from Jessica Shiueky / Kathleen Joyce, Lead Dog Marketing Group to hold a fundraising walk for MS around the Mill Ponds in Crane Park on Sunday, May 1, They request to use the computer parking lot to host walkers at the start and finish of the event that would run from 8 AM to 12 PM. On a motion by Trustee Eppinger seconded by Trustee Wright, with all in favor, it was: RESOLVED, the Board of Trustees approved the request of the National Multiple Sclerosis Society, New York Southern New York Chapter, through Lead Dog Marketing Group, to use the commuter Parking Lot on Millpond Parkway to host their Annual Multiple Sclerosis 3-mile walk on Sunday, May 1, 2011 from 8 AM to 12 PM around the Crane Park walkway. This request is contingent upon the participants registration form including a waiver of liability, a certificate of insurance in the amount of one million dollars ($1,000,000) naming the Village of Monroe as additional insured on the certificate and coordination with the Village of Monroe Police Department through Police Chief Giudice to oversee the event. PROJECT IN REMEMBRANCE OF CHARLES J. KING, VILLAGE HISTORIAN: Linda Burroughs was present to present a project in remembrance of Charles J. King former Village Historian. Charlie was the first historian for the Village of Monroe and held the position for 17 years. In that time, he tried to represent the village in many activities. He commented frequently that history is made of the many small things that people do on a daily basis and frequently we don t recognize the impact until the item, action or person is no longer around. We lose so much in our history when daily actions or events are not preserved in some manner. That is why he was so proud of the Little Yellow House not only for its own presence, but also for what it represents for the Village of Monroe. How many villages can boast of a pre Revolutionary house still at its original location representing what we were and where we have come in the 250+ years we have been living here as a community. Mrs. Burroughs presented a rendering of cement markers previously used along the roads and no longer used. The cement markers were used after the civil war. Mrs. Burroughs would like to see them used at the Stage Road Yellow House as a remembrance of Charles J. King, the Village s first historian. Attorney Bonacic will look into the liability / legality of relocating the markers currently on Rye Hill Road to the Yellow House. If it is legally approved the markers will be moved. FIRE DISTRICT GRANT JOINT APPLICATION: No one was awarded the NYS Efficiency Implementation Grant last year. Harriman Mayor Welle, who submitted that grant was contacted to see if we d be interested in reapplying as last year s grant was not awarded. Mayor Welle is willing to do the paperwork required and needs a resolution from each Board to include with the grant. In this regard, the following resolution was put forth. Authorization for Application for a New York State Efficiency Implementation Grant to form a Consolidated Fire District for the Village of Harriman, Village of Monroe and Town of Monroe to be known as the Town of Monroe Joint Fire District. WHEREAS, the Village Board of the Village of Monroe has been informed by New York State of its Shared Municipal Services Incentive Grant Program and funding assistance to municipal entities desiring to enter into service consolidation to provide more efficient and cost sharing fire department services to its taxpayers; and WHEREAS, the Village Boards of the Village of Harriman and Monroe and the Town Board of the Town of Monroe voted on November 10, 2009 to approve the formation of a joint fire district among themselves, to be known as the Town of Monroe Joint Fire District; and

8 WHEREAS, the Village Board of the Village of Monroe supports the action to form the consolidated Town of Monroe Joint Fire District is eligible and is in need of the New York State funding assistance available through its Shared Municipal Services Incentive Grant Program; and WHEREAS, the Village Board of the Village of Monroe understands that a prerequisite to receiving funds is to complete a competitive proposal for the consolidation of fire departments for a New York State Local Government Efficiency Grant Program, Efficiency Implementation Grant and submit with it appropriate documentation as required on or before December 1, 2010; and WHEREAS, the three municipal Boards of the Villages of Harriman and Monroe and the Town of Monroe agree that the amount of funding requested will be four hundred twenty five thousand two hundred and fifty dollars ($425,250) and the Boards also agree that there is a required ten percent (10%) local minimum match of forty seven thousand, two hundred fifty dollars ($47,250) for this grant; NOW THEREFORE, BE IT RESOLVED, that pursuant to the Public Hearing and subsequent affirmative vote on November 10, 2009 to form this fire district, the Town of Monroe, the Village of Monroe and the Village of Harriman are joining together to submit an application to the Shared Municipal Services Incentive Grant Program; and be it further RESOLVED, that the Village Board of the Village of Monroe does hereby authorize the Village of Harriman to be the Lead Agency and designates Mayor Stephen H. Welle to be the lead agency contact person to make application for the funding of the Town of Monroe Joint Fire District Project; and be it further RESOLVED, that Mayor Stephen H. Welle is authorized to administer the grant, is responsible to complete all paperwork, and has the day to day authority on the project. Motion made by Trustee Wright seconded by Trustee Eppinger the above resolution was unanimously adopted. MAYOR S REPORT: CHAMBER OF COMMERCE STEERING COMMITTEE MEETING: The Chamber of Commerce had its first steering committee meeting on the creation of the chamber on November 1 st. The committee has come up with a name and a message on the importance of The chamber. The committee consists of Tom Flynn, Charlie Pakula, Kerry Reilly, Marilyn MacIntosh, Mike Littier, Paul Campanella and Mayor Purcell. The committee is designed to build the chamber and assignments will be delegated so the cost of the creation of the chamber is minimal. Tom Flynn has offered the use of his conference room and his computer systems to the chamber for their use. The steering committee will be meeting on November 22 nd and the Chamber of Commerce Meeting will be on November 29 th at Planet Pizza at 7:30 PM. CLEAN SWEEP: DPW Supt. Smith and Mayor Purcell have met with Village of Harriman Mayor Steve Welle and the organizations for Clean Sweep once a month for the last 3-months. They will be meeting once a month until the day of Operation Clean Sweep which will be held in April CHRISTMAS WREATH DONATION: Under the leadership of Inda Stora a collection was taken to purchase wreaths for the 22 light poles in the downtown. Inda and Debbie Purcell made the bows for the wreaths and wired them onto the wreaths. Our Public Works Dept. will be installing them on the poles throughout the downtown along with our holiday lights. Mayor Purcell thanked all those involved with this project. Letters of thanks were sent. MASTER PLAN: Mayor Purcell met with another potential candidate for planner. He has requested RFP s from the planners interviewed and will continue to keep the Board updated.

9 LEAF PICKUP: Leaf pickup continues and if anyone has been missed or put leaves out late, call the DPW and we will get to those areas. Weather permitting, pickup will continue until December 3 rd. CONGRATULATIONS TRUSTEE GORMLEY: Mayor Purcell announced that Trustee Gormley and her husband Michael are the proud parents of a baby girl. Born this morning, her name is Aoife Rose. She joins a big brother, Eoin. Congratulations Melinda! HAPPY THANKSGIVING: On behalf of the Village Board, Mayor Purcell wished everyone a safe and Happy Thanksgiving. ATTORNEY S REPORT: LICENSING OF DOGS: Attorney Bonacic advised that the State will no longer be handling the licensing of dogs, effective January As such, the responsibility will shift to the local municipality. Town of Monroe provides for Dog Licensing and will continue to do so. If at some point the Town shifts licensing to the village we will have to enact legislation. BOARD COMMENT: Trustee Eppinger asked DPW Supt. Smith what he considered was a focus cutting edge Technology he learned at the 2010 Public Works Training School in Lake Placid and the Southeast New York Storm Water Conference on 10/13 in Beacon, NY. PUBLIC COMMENT: TIME: 8:51 PM PERSONS PRESENT: 6 There was no public comment. ADJOURNMENT / EXECUTIVE SESSION: On a motion by Trustee Wright seconded by Trustee Eppinger, and carried, following a five minute recess, Executive Session followed at 8:52 PM for discussion of Attorney Client privilege and personnel. Respectfully submitted, Virginia Carey Village Clerk