Village of Millbrook Board of Trustees August 12, 2008

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1 Village of Millbrook Board of Trustees August 12, 2008 Call to Order 7:05 p.m. Pledge of Allegiance led by Mayor Ciferri In Attendance: Mayor Ciferri, Trustee Hurley, Trustee Bondus, Trustee Whalen and Trustee Morse Fire Tanker Apparatus Bid Mayor Ciferri requested the Fire Tanker Apparatus bids. No bids were available at this time at 7:00 p.m. but one bid was hand delivered at 7:20 p.m. Mayor Ciferri at 8:43 pm opened the one and only bid which was submitted by HME Ahrens Fox Exceptional Emergency Vehicles located at 260 North Plank Road, Newburgh, NY for a price of $389,860. Solid Waste Removal The Royal/Welsh solid waste topic was introduced by Mayor Ciferri. The informational handout was given to the public at this time. Jim Constantino from Royal/Welsh stated two problems causing the shortfall in the Village s revenue. Currently Royal/Welsh have 48 customers using the blue bins. He also believes a large population uses the Town of Washington s transfer station and pay annual fee. The Village Trustees wanted a system where users pay for the service and nonusers don t pay for the service. The blue bin and recycling bin provided at the home/curb will eliminate the deficit. They will offer two sizes of bins 65 gallons for a cost of $21.95 per month and 35 gallons for a cost of $18.95 per month including all taxes and fuel surcharges. At the request of the Village Board Royal/Welsh will the hold price until 5/31/09. Fuel is the main pressure point as well as disposal costs. Fuel would be the strongest one. The bins would be available immediately on September 1, Royal/Welsh will provide a salesperson specific to the Village of Millbrook. All interested parties can contact the Village Hall as well. Service on the bins will be provided as needed unless any intentional damage is done to the bins. The recycling bin holds 18 gallons. There is no intention to raise the price in May Royal/Welsh would like a long term agreement since from Royal/Welsh s standpoint it is more efficient. The fluctuation to residents will be minimal. The Village Board would like to stay out of the garbage business. This current agreement will be directly with the homeowner. Recycling is very labor intensive. Royal/Welsh have an economic incentive to encourage recycling and they have found the bins help. Scott Tumblety thought the current program encouraged residents to produce less garbage. Mayor Ciferri stated the Village residents will save a great deal in comparison to other municipalities. Mary Shaughnessy stated she felt it is a matter of record and concern that the Village is reducing services to the Village residents. This is fact, not opinion. Trustee Hurley proposed to have the Village attorney draft the local law to change the Village code in regard to solid waste removal. Trustee Morse stated that

2 Royal/Welsh will be available for information and for bins rental. On Saturday, August 16, 2008; Friday, August 22, 2008; and Thursday, August 28, 2008 from 9 to 12 noon each day at the Village Hall. Grants Michael Haggerty stated there were upcoming grants such as the Community Block Grant which Dutchess County awards from Federal Funds. This could benefit senior citizens and the disabled. Items such as a sidewalk may qualify. The Village may want to consider a joint grant proposed with the Town of Washington. The Board should look at the needs in the public facilities such as the Village Hall and the Thorne Building. This grant is due 10/3/2008 and the Board must have a public hearing to apply. Trustee Bondus inquired whether a walkway/sidewalk from Church Alliance to Reservoir Drive for students and senior citizens would qualify. Michael Haggerty stated it would be ideal. He also stated the Village Hall gymnasium lighting would be a good joint venture. He asked for a public hearing to get ideas from residents and prioritize those ideas. The grant could be for as much as $150,000 and if it is applied for jointly $300,000 could be awarded. There are no matching funds required however local funding may increase the chances of the grant being awarded. The water/waste water system may also be eligible for grant funds. There is a 9/3/08 due date for a quadricentenial grant available to the Village. Also available is a recycling grant from the DEC. Trustee Hurley will meet with Michael Haggerty to discuss possible grant applications for the Village. Executive Session Mayor Ciferri requested to go into executive session to discuss personnel issues. Trustee Bondus moved. All were in favor. Trustee Hurley made a motion to end executive session and Mayor Ciferri seconded. All were in favor. Comprehensive Plan Trustee Morse stated in regard to the Comprehensive Plan we are in Phase II Preplan. He recommended naming the Village Board as the lead agency. NYCOM encourages this recommendation to foster accountability and responsibility with the Village Board as lead agency. Trustee Bondus made a motion to approve and Trustee Hurley seconded. All were in favor. Green/Raspa Mayor Ciferri presented the lot line adjustment for Green/Raspa. Trustee Hurley upon reading the paperwork submitted stated it was not necessary to have a bond warrant for repair or a bond for restoration. Trustee Hurley moved to approve the lot line adjustment. Trustee Bondus seconded. All were in favor. Village Code Kenneth McLaughlin asked the Board to adopt the NYS Department of State s latest version of the administration and enforcement sections of NYS building codes. Trustee Bondus asked for the differences compared to the current version of the Village Code. Kenneth McLaughlin stated this code focused on such items as archiving and municipal searches. Trustee Hurley made a motion to open the public hearing. Trustee Morse seconded. All were in favor. Tim Tice asked if currently is a resident able to go before the Planning Board if they have violations in regard to the Village Code. He was told yes. He stated other municipalities require curing code violations between the Planning Board actions written in their Code and the Village Board should consider incorporating this into their Code. Mary Shaughnessy stated this would affect the

3 Bennett project directly. The Board should consider language that is not so black and white. Tim Tice also suggested imposing fines instead of refusing access to the Planning Board. Kenneth McLaughlin stated in many instances the planning process could be a way to solve existing violations. Trustee Bondus proposed to pass the Code amendment. Trustee Hurley chose to table until the September meeting so all of the Board members could review the proposed Code unless the Department of State requires prior approval. If this is required the Board will call a special meeting. Kenneth McLaughlin stated in regard to site development plans he can request other municipality s code. Michael Downing and Erica Downing gave a business plan presentation for the use of the first floor of the Thorne Building. This plan will in turn save the Village by attracting patrons to the Village with entertainment. They would begin on step at a time with bands and black tie dinner/dances with catering on the premises. They have also proposed holding movies, musicals, orchestras, dances, ballroom dancing classes and an antique road show. These attractions would build traffic and commerce in the Village. They proposed renting the main floor for evenings and weekends thus not interfering with the use of the building on other floors during the normal business day. Erica Downing handed out written proposals to the Board for their review. She stated that this is a prime location for venues such as this. They plan to utilize people in the area. The serving of beverages will only take place at the beginning and intermission of a performance so as to not affect local businesses. Trustee Hurley inquired as to whether the proposal was for Michael Downing to pay rent to the Village as opposed to running a business for the Village. Mike stated he would rent the Thorne Building from the Village and run the business as a profit. Trustee Whalen asked if Mike wanted to sign a five year lease and Mike answered yes. He would like to start in the early spring and in March or April have a schedule in place. He would also have compiled a list of local patrons of the arts available at that time. Erica Downing stated the building must be brought up to code before they take occupancy. The business must be changing and diverse, not stagnant. Mike stated entertainment is recession proof and residents ages 8 to 80 will attend helping the business to grow and profit. Trustee Morse thanked Mike and Erica for their time and effort. The Board asked for time to read the business plan submitted. Fire Department Mayor Ciferri stated the Fire Dept. requested permission to hold a chicken barbeque which Jim Brownell will be in charge of for Community Day being held on September 6, Trustee Morse made a motion to accept. Mayor Ciferri seconded. All were in favor. The Fire Dept. requested permission to hold their 6 th annual Frank Jenks Golf Tournament being held on September 26, 2008 at 8:00 a.m. at the Links in Unionvale to be followed by a barbeque. Trustee Bondus made a motion to accept. Trustee Morse seconded. All were in favor. Water/Waste Water Kenneth Scherble gave a presentation on the functions and procedures followed at the waste water treatment plant as well as VRI s monthly report. Also submitted were the findings from the smoke testing recently completed. Scott Tumblety questioned how long the contract with VRI is good for. He was told it was a 5 year contract with 3 years left. Howard Schuman raised several questions about average flow per year and the 95% rule. Kenneth Sabia answered these questions by referring to

4 the presentation given. Julia Widdowson inquired about any violations and/or DEC fines. Kate Farrell was looking for documentation from the DEC to the Village not from Chazen Engineers who work for Blumenthal & Brickman. Mayor Ciferri initially asked the DEC to take the former Bennett College out of the equation. Julia Widdowson asked why did the Village apply for the Rolling Annual Average and what was the purpose. Mayor Ciferri stated is was to spread out the costs to locate and correct the I&I issues. Also, the DEC would not mandate the timeframe for completion of the corrections no matter the costs to the Village. Scott Tumblety raised concerns over whether Chazen s recommendations are based on the needs of Blumenthal & Brickman and not the Village. Kate Farrell stated she is looking for assurances that this permit application is not being applied for to benefit the Bennett project. Skip Ciferri asked what the difference is. Trustee Bondus stated it seems they have two concerns tangled together which are polluting the stream and development. She stated she was satisfied with VRI s services being provided to run the water/waste water treatment plants. She also stated even if the DEC lowers the standards the Village is still better than these proposed new standards. Trustee Hurley questioned why we are defending the current operations. The Board doesn t want to focus on the concerns of a potential developer. They want to concentrate on the I&I and on the asset that belongs to the Village. They will listen and certain motivations can only be guessed at. Trustee Morse asked if the Board wants a public educational session. Trustee Bondus stated she is convinced the water/waste water and I&I testing are running smoothly. Rob Moore is an environmental advocate hired by Millbrook Matters. He has given information to Millbrook Matters arguing the Rolling Annual Average may reduce the water quality. Kenneth Scherble stated the Village applied for the Rolling Annual Average permit to take care of the flow situation in the spring with the snow melt and heavy rains. He also stated the EPA is on the DEC in regard to I&I and if the Village didn t initiate a plan on their own, the DEC could mandate a plan starting date with no concerns over the cost to the Village. Howard Schuman commented on the DEC s concerns over municipalities not doing any I&I corrections. He stated concerns over the masking of the volume coming into the system. Kate Farrell expressed her concerns about the increase in taxes or sewer fees and the sewer plant exceeding its capacity. Trustee Hurley stated there are very simple corrections to the I&I that we can do right now. She asked Millbrook Matters if they are suggesting the Village pull their application for a Rolling Annual Average. Julia Widdowson answered YES. Mayor Ciferri offered another solution of eliminating the sewer service to Town of Washington residents and having them put in septic systems. Highway Department Bob Collocola see attached. Trustee Morse stated the Highway Department will keep a log of all out of Village trips. Mayor Ciferri requested 9 Partners drainage issues be looked at by the Highway Department. BAN Mayor Ciferri requested a motion to approve the $200,000 BAN at 2.25% interest to make capital improvements on the water and waste water systems. The interest rate had changed from initially being quoted at 1.9%. Trustee Hurley made a motion to approve. Trustee Bondus seconded. All were in favor. Mayor Ciferri requested a motion to close the public hearing on the BAN for $200,000 to make capital

5 improvements on the water and waste water systems. Trustee Bondus made a motion to approve. Trustee Morse seconded. All were in favor. Alamo Mayor Ciferri informed the Board he received a letter from Alamo stating if Alamo were to be sold to Northern Dutchess Paramedics (NDP) the contract will remain the same. The current contract is for one calendar year. The Village will go into negotiations in late October or early November. Cleaning Mayor Ciferri recommended the cleaning of the Village Hall and the Fire House continue on as we are until next budget year. The Village will utilize the money ($7,500) for heating and electric due to the Village s inability to project these costs. Trustee Bondus requested for the following items to be put on September s agenda: garage roof repair, energy audit and updating the Thorne Building lease policy and rates. Trustee Hurley also had items to be discussed at the September meeting as the following: suggestions from the Farm & Home Center to form a CAC and the Employee Handbook. Trustee Morse stated Community Day is coming up on September 6, 2008 and the Board will have a booth open from 9:00 a.m. to 1:00 p.m. He requested two Trustees from 9 a.m. to 11 a.m. and two Trustees from 11 a.m. to 1 p.m. He also requested the Mayor s timeframe be from 10 a.m. to 12 p.m. Trustee Hurley signed up for the 11 a.m. to 1 p.m. timeslot. Audit of Bills Adjourned 11:23 p.m.