Board of Trustees

INCORPORATED VILLAGE OF PIERMONT BOARD OF TRUSTEES MEETING November 12, 2024 Present: Mayor Bruce Tucker, Deputy Mayor Mark Blomquist, Trustee Christine McAndrews, Trustee Rondi Casey, Rudy Zodda for Village Attorney, and Jennifer DeYorgi Maher Village Clerk-Treasurer. Not Present: Lino Sciarretta, Esq. -Village Attorney, Trustee Michael Wright Mayor Bruce Tucker called the meeting to order and lead everyone in the Pledge of Allegiance. Item #1 Approval of Meeting Minutes Trustee Casey made a motion to approve the minutes for October 08, 2024. The motion was seconded by Trustee Blomquist and so carried with a vote of 4 ayes and 0 nays. Item #2 Approval of Warrant Trustee Blomquist made a motion to approve Warrant# 111224 in the amount of $1,044,727.79. The motion was seconded by Trustee Casey and so carried with a vote of 4 ayes and 0 nays. Item #3 Department Reports Department of Public Works - Superintendent Tom Temple reviewed the DPW October totals. He stated November 13, 2024, will be the next date for bagged leaf collection. An additional collection will be the week of Thanksgiving prior to Thanksgiving Day. He stated the curb line has been installed on Hudson Terrace at First Street, the water barriers have been removed and the fence installed. Superintendent Tom Temple stated the DPW installed the cupola on the Community Center building. Kenndy Park upgrades have been completed, all funded by the Piermont VFW at no cost to the Village. Superintendent Tom Temple thanked the Piermont VFW for their donation. He stated the DPW is working on removing the wooden foot bridges for the hydrants and the new ones should be installed in the week of November 18, 2024. Police Department – Police Chief Hurley informed the Board for the month of October there were 407 summonses issued; they responded to 458 calls for service 82 were in Grand View the remaining 376 were in Piermont. Chief Hurley stated the Piermont Police Department will receive $7,000.00 from the Stop DWI Grant for the Officers to be paid overtime for special DWI details. Building Department – Building Inspector Charles Schaub was not present. Parks Department – Dan Sherman was not present Fire Department – Chief Cabrera stated for the month of October there were a total of 29 calls, 11 EMS calls and 18 fire and rescue totaling 368 calls to service year-to-date. He stated the Piermont Fire Department received a grant for pump out equipment and dive gear for approximately $43,000.00. He stated the Piermont Fire Department responded to the Greenwood Lake brush fire. He stated the Mutal Aid Agreement from Mahwah is firefighting related. Chief Cabera stated the Piermont Fire Department mostly does Dive related events with Mahwah. Harbor Master – Daniel Goswick Sr. stated the Fire Department has been conducting an investigation of the Piermont Pier for about a year. He stated Nate Mitchell was a go between with the Fire Department and Blue Shore Engineering. He stated Piermont Divers went in the water and took pictures and videos of the underside of the Pier. He stated the rebar is rusted away. He stated the Pier cannot handle any sideload or allow ships to be tied off on the Pier. He stated before any decisions are made the Village needs to receive and review the Blue Shore Village of Piermont Board of Trustee Minutes November 12, 2024 Page 2 of 8 Engineering report and get a price from Sound Marine in Nyack for the structural work that needs to be completed. Harbor Master Daniel Goswick Sr. stated he sent pictures to Mike Lawler to see if there is any funding available for the project. He stated with one bad hurricane it could take the pier down. Item #4 - Old Business Village Clerk-Treasurer had no new business. Mayor Tucker stated the Half Moon Park renovations were completed. The Village of Piermont received $200,000.00 in funding from a Rockland County ARPA Grant. Mayor Tucker informed the Board that the Community Center Project has started. The Village also received an additional $200,000.00 in Rockland County ARPA Grant monies for that project as well. Trustee Blomquist had no old business to discuss. Trustee Wright was not present. Trustee McAndrews had no old business to discuss. Trustee Rondi Casey had no old business to discuss. Item# 5 New Business Village Clerk-Treasurer stated she received an email from Frank Toto from the Veterans to display the Creche outside of Village Hall. Village Clerk-Treasurer stated she wanted to make the Mayor and Village Board aware that Bill Blom stopped in Village Hall to discuss the Community Garden. He stated he spoke to VEOLIA who informed him an easement would need to be made through private property with 80 feet of piping to get the community garden water. Currently the water hookup is in a private house which is no longer feasible. Village Clerk-Treasurer stated she received a quote for the GASBY75 from the NYS Comptroller. She stated the current year is a full evaluation year which is $8,000.00, the following year is $4,750.00. They advised they are willing to split the cost for the next two budget years, the upcoming year and the one after in the amount of $6,375 each year. The decision was made to split the cost over the two years. Village Clerk-Treasurer stated she received the Fire Fighter Cancer Benefit renewal. Village Insurance agent John Bernard recommends going with option two in the amount of $6,928.88 based on the current roster. Mayor Tucker made a motion to approve the Fire Fighter Cancer Benefit Renewal in the amount of $6,928.88. The motion was seconded by Trustee Casey and so carried with a vote of 4 ayes and 0 nays. Village Clerk-Treasurer stated she received multiple emails from residents Alexis Starke, June Starke, Peter Metzler and Jane Kim regarding the CBM Zone District and they want the materials for the Village Board Meetings on the Village website. Mayor Tucker had no new business to discuss. Trustee Blomquist had no new business to discuss. Trustee Wright was not present. Trustee McAndrews had no new business to discuss. Trustee Rondi Casey had no new business to discuss. Village of Piermont Board of Trustee Minutes November 12, 2024 Page 3 of 8 Item #6 Public Comment Denise Monteforte – 8 Hovey Lane stated she was instructed by the Building Inspector to address the Village Board and request a reimbursement of $500.00 for the stop work order placed on her property. Mrs. Denise Monteforte stated her husband was doing the work not an outside contractor and was unaware she needed a permit. She stated she paid for and received the necessary permits that are required to do the work. Mayor Tucker stated Building Inspector Charles Schaub is the Villages Code Enforcer and will discuss this with him. Pierre Roy – 301 Hudson Terrace stated he has concerns are about the social media posts about the CBM Zone appeal that’s been lodged against an order from Judge Greenwald. He asked what has been implemented to file the appeal and is there a budget? He has concerns that this could be very costly to the taxpayers. Kate McCabe – 320 Ash Street Piermont stated she opposes the CBM Zone change and would like to discuss the lack of communication and transparency that the Village has engaged in over the last couple of years. She stated she will be out of the country for the December 10th meeting and would like to include her opposition to the CBM Zone in today’s public comment. She stated the zone change is too vast for the Villages size. She said there were no Public Notices since 2021 and stated the Planning and Zoning page is not clearly visible from the Village’s website. She stated in her view there is a substantial gap in Planning and Zoning Agenda and Meeting documents from May 9, 2022 through August 14, 2023. She feels the lack of communication is the reason the community did not engage in the original meetings for the new CBM Zone change. Janice Young – 20 Ladik Street stated she opposes the CBM Zone change. She moved to Piermont in a flood zone just to be in Piermont and to give her son a piece of “Mayberry” living. She stated a 14 unit building will create more cars, more pollution, and more noise. She wants the Mayor and Board to appeal the CBM Zone. Dennis Hardy – 21 Gair Street asked why the Village sent the new revised CBM Zone change to the County for referral and did not ask the Piermont Planning Board for review before the scheduled Public Meeting. He recommended the CBM Zone be part of the Comprehensive Plan. He stated that until the Comprehensive Plan is adopted, he would like the Village to enact a moratorium on any new building in the new CBM Zone. Alexis Starke – 153 Hudson Terrace stated she has concerns with the way the SEQRA process is going to be carried out. She opposes the new CBM Zone change. She would like to see the Village complete the Comprehensive Plan as a starting point. She questioned the process of scheduling a public hearing for the CBM Zone on December 10, 2024, when you’re allowed 30 days for disputes after declaring yourselves as Lead Agency. She stated she believes the Village should have filled out a Long Form EAF, not a short Form. She stated with the scope of the Zone change she feels there should be a positive declaration and commitment to an environmental review process. She stated she feels the Lead Agency should be The County of Rockland or the NYS DEC. Laurie Lehey – 381 Ferdon Avenue stated she oppose the CBM Zone change, she feels the Village is wasting taxpayer money. She stated the Attorney is preventing the Mayor and Board from responding to their constitutes. She stated the Village is continuing to move forward with the Zone change even though the people are against it. She would like to see more online, public communications for the Village residents. She would like the fence on Piermont Avenue removed. Village of Piermont Board of Trustee Minutes November 12, 2024 Page 4 of 8 Item #7 Authorize the scheduling of a public hearing for December 10, 2024 to consider a local law amending the Business District (B) by renaming it the CBM Zoning District, and the following proposed amendments (i) revising the bulk standards, (ii) expanding the District along the west side of Piermont Avenue north to Kinney Street; (iii) add multiple dwellings as a specially permitted use; (iv) as well as other revisions set forth in the proposed local law. Village of Piermont was represented by Darius Chafizadeh – Attorney Harris Beach Attorney Darius Chafizadeh of Harris Beach stated a Public Hearing would need to be scheduled for December 10, 2024, to consider the Local Law amended the Business District by renaming it the CBM Zoning District. He stated the new CBM Zone was struck down by the Supreme Court for failure to notify the County under general municipal law, no appeal has been filed yet. The GML 239 M was sent out by the Village Clerk to the County and other agencies. A response from the County stating its under review was received. Trustee McAndrew asked if this was referred to the Piermont Planning Board? Attorney Chafizadeh stated that the Planning Board already commented on it therefore it was not referred to the Planning Board again, it will be part of the 239 M referral. Trustee McAndrews stated members of the Planning Board have changed including the Chair? Attorney Chafizadeh stated it is out of character to have multiple opinions from the same Board. Trustee McAndrews stated she was on the Planning Board at the time and the information given was written differently. Attorney Chafizadeh stated Nelson Pope reviewed the new law and proposed some revisions to legalize illegal uses and that’s what is being legalized and that’s the law that’s been out there. He stated he does not know that there is any difference in the text. The law is to bring nonconformities into conformity, that is one of the major reasons for the law. Attorney Chafizadeh read the purpose of the amendment Mayor Tucker made a motion to schedule the public hearing for December 10, 2024 to consider a local law amending the Business District (B) by renaming it the CBM Zoning District, and the following proposed amendments (i) revising the bulk standards, (ii) expanding the District along the west side of Piermont Avenue north to Kinney Street; (iii) add multiple dwellings as a specially permitted use; (iv) as well as other revisions set forth in the proposed local law. The motion was seconded by Trustee Casey and so carried with a vote of 4 ayes and 0 nays. Item #8 Authorize the Mayor to execute the SEQRA Short Form EAF related to local law. Village of Piermont was represented by Darius Chafizadeh – Attorney Harris Beach Darius Chafizadeh stated Item# 8 is to authorize the Long Form EAF (environmental assessment form). The Village’s Planner prepared an initial short form EAF. The Planner has now prepared part one of the EAF Long Form which has been presented to the Piermont Village Board. The Village Board approval is required to have the Mayor execute the SEQRA Long Form EAF. Trustee Blomquist made a motion to execute the SEQRA Long Form EAF Part one related to local law. The motion was seconded by Trustee McAndrews and so carried with a vote of 4 ayes and 0 nays. Item #9 Confirm Board of Trustees as Lead Agency under SEQRA related to Local Law and declare a Type 1 action under SEQRA (See Village Code Section 96-11). Village of Piermont was represented by Darius Chafizadeh – Attorney Harris Beach Attorney Darius Chafizadeh of Harris Beach stated Agenda Item# 9 is to confirm the Board of Trustees as lead agency under SEQRA related to local law and declare a Type One action under SEQRA, Village Code Section 96-11. He stated this is a type one action. He stated this is a Village Local Law only, there is no other involved agency that can approve it, the DEC doesn’t approve it, the County doesn’t approve it, the County only gives recommendations. The Village of Piermont is the only one who could pass the law and is the only one to be Lead Agency. Village of Piermont Board of Trustee Minutes November 12, 2024 Page 5 of 8 The Village must adopt the Resolution confirming they are Lead Agency and declare this a type one action under the same Resolution. Trustee McAndrews had questions about Code Section 96-13 Actions filing with Lead Agency and Exemption. Trustee McAndrews wanted to make sure there were no conflicts. Darius Chafizadeh – Attorney Harris Beach stated that would be excluded from the Article, stating Code Section 96-11 applies. He stated the exemption is if you are a single-family resident you don’t have to do SEQRA. Mayor Tucker made a motion to confirm the Board of Trustees as lead agency under SEQRA related to local law and declare a Type 1 same Resolution action under SEQRA (See Village Code Section 96-11). The motion was seconded by Trustee Blomquist and so carried with a vote of 3 ayes, 0 nays and 1 abstain (Trustee McAndrews) RESOLUTION NO: 1112-24 VILLAGE OF PIERMONT RESOLUTION TO DECLARE BOARD OF TRUSTEES AS LEAD AGENCY UNDER SEQRA RELATED TO LOCAL LAW AND DECLARE A TYPE 1 ACTION UNDER SEQRA (SEE VILLAGE CODE SECTION 96-11) Mayor Tucker made a motion to declare the Board of Trustees as lead agency under SEQRA related to local law and declare a Type 1 Action under SEQRA. The motion was seconded by Trustee Blomquist and so carried with a vote of 3 ayes and 0 nays, 1 abstain (Trustee McAndrews) and 1 absent (Trustee Wright). Dated: November 12, 2024 Village of Piermont Item #10 Review and accept the annual Justice Court Financial Audit for the fiscal year ending May 31, 2024 Trustee Blomquist made a motion to accept the annual Justice Court Financial Audit for the fiscal year ending May 31, 2024. The motion was seconded by Trustee McAndrews and so carried with a vote of 4 ayes and 0 nays. Item #11 Request for Special Permit from Reilly’s Public House to have outdoor music Kevin and Bernie Reilly read a statement to the Mayor and Village Board of Trustees. They would like to play Irish music at a moderate volume. The operational guidelines are outdoor speakers will be used from 11am – 9pm daily, a manager will be responsible for turning the outdoor speakers on and off and ensure the volume stays in a reasonable range. The speaker will be located outside over the door. Mayor Tucker stated if the Village Board approves this request, it will set a precedence for the other establishments. Trustee Casey stated she has heard it from across the street at Bunbury’s and it’s more of a radio station. Trustee McAndrews stated she agreed with Mayor Tucker. Mayor Tucker stated there are laws that music can’t go past your property line. He thanked Reilly’s for all they do for the Village of Piermont but the request was denied. Request Denied – Mayor Tucker and Piermont Village Board. Item #12 Request for Special Permit from Vino Amore to have sidewalk seating at 474 Piermont Avenue Moved to December 10, 2024 Village Board Meeting. Village of Piermont Board of Trustee Minutes November 12, 2024 Page 6 of 8 Item #13 Resolution to authorize and accept STOP DWI Grant funds Police Chief Hurley stated the Piermont Police Department received a $7,000.00 STOP DWI Grant from Rockland County. Mayor Tucker made a motion to accept the Resolution to authorize and accept STOP DWI Grant funds in the amount of $7,000.00. The motion was seconded by Trustee Blomquist and so carried with a vote of 4 ayes and 0 nays. RESOLUTION NO: 1112-24A VILLAGE OF PIERMONT RESOLUTION AUTHORIZING THE ACCEPTANCE AND USE OF ROCKLAND COUNTY STOP DWI FUNDS IN THE AMOUNT OF $7,000.00 FOR THE PIERMONT POLICE DEPARTMENT Mayor Tucker made a motion authorizing the acceptance and use of Rockland County STOP DWI funds in the amount of $7,000.00 for the Piermont Police Department. The motion was seconded by Trustee Blomquist and so carried with a vote of 4 ayes and 0 nays and 1 absent (Trustee Wright). Dated: November 12, 2024 Village of Piermont Item #14 Resolution to enter into a Mutual Aid agreement with the Mahwah New Jersey Fire Department Fire Chief Cabrera stated the Piermont Fire Department received a Mutal Aid agreement from the Mahwah Fire Department. This Mutual Aid agreement is for firefighting and dive assistance. Trustee McAndrews asked what are the pros and cons of the Mutal Aid. Chief Cabrera stated Mahwah is one of the four Dive Teams in Rockland County. This means if either department needs assistance, they could respond immediately rather than get approval. Trustee Blomquist made a motion to accept the Resolution to enter into a Mutual Aid agreement with the Mahwah New Jersey Fire Department. The motion was seconded by Trustee Casey and so carried with a vote of 4 ayes and 0 nays. Item #15 Resolution to appoint Jason Mounier to the position of MEO II and Maintenance Supervisor for the Department of Public Works Mayor Tucker made a motion to appoint Jason Mounier to the position of MEO II and Maintenance Supervisor for the Department of Public Works. The motion was seconded by Trustee Blomquist and so carried with a vote of 4 ayes and 0 nays. Item #16 Resolution to appoint Joseph S. DeFelice to the position of MEO I for the Department of Public Works Trustee McAndrews made a motion to appoint Joseph S. DeFelice to the position of MEO I for the Department of Public Works. The motion was seconded by Trustee Casey and so carried with a vote of 4 ayes and 0 nays. Village of Piermont Board of Trustee Minutes November 12, 2024 Page 7 of 8 Item #17 Resolution to appoint Evan P. Nelson to the position of Laborer for the Department of Public Works Trustee Casey made a motion to appoint Evan P. Nelson to the position of Laborer for the Department of Public Works. The motion was seconded by Trustee McAndrews and so carried with a vote of 4 ayes and 0 nays. Item #18 Authorize Village Clerk-Treasurer to Re-Levy unpaid Village property taxes with Rockland County Village Clerk-Treasurer stated the Re-Levy is in the amount of $147,987.50 due to the County the week of November 11, 2024 Mayor Tucker made a motion to Authorize Village Clerk-Treasurer to Re-Levy unpaid Village property taxes in the amount of $147,987.50 with Rockland County. The motion was seconded by Trustee McAndrews and so carried with a vote of 4 ayes and 0 nays. Item #19 Review and approve four (4) applications for Empire Hose Company #1 proposed membership for Frank Camus, Joshua Rosenzwaig, Patrick Flynn and Alek Kalishian Fire Chief Cabrera stated that all (4) members have been accepted into the Empire Hose Company. Mayor Tucker made a motion to Review and approve four (4) applications for Empire Hose Company #1 proposed membership for Frank Camus, Joshua Rosenzwaig, Patrick Flynn and Alek Kalishian. The motion was seconded by Trustee McAndrews and so carried with a vote of 4 ayes and 0 nays. Item #20 Review Authorization request from Rockland BOCES for their Tappan Zee Elementary (P-Tech & Cabas) students to use the Piermont Community Center as part of their Emergency Plans if evacuation is required. Trustee McAndrews asked what is capacity at the Community Center? Harbor Master Daniel Goswick stated The Piermont Police Department, Fire Department and Piermont Building Inspector should review the Tappan Zee Elementary (P-Tech & Cabas) evacuation plan before approval. Village Clerk will contact Rockland BOCES to obtain a copy of the evacuation plan for the Police, Fire and Building Inspector to review. After the necessary departments review the evacuation plan it will be put on a future agenda. Item #21 Resolution to support the continuation of the $50 Million in additional funding for unrestricted aid for cities, villages and towns in the 2025-2026 NY State Budget Mayor Tucker made a motion to approve the Resolution to support the continuation of the $50 Million in additional funding for unrestricted aid for cities, villages and towns in the 2025-2026 NY State Budget. The motion was seconded by Trustee McAndrews and so carried with a vote of 4 ayes and 0 nays. Village of Piermont Board of Trustee Minutes November 12, 2024 Page 8 of 8 Item #22 $59,119 Bond Resolution for Fire Department Equipment Trustee Casey made a motion to approve the $59,119 Bond Resolution for Fire Department Equipment. The motion was seconded by Trustee Blomquist and so carried with a vote of 4 ayes and 0 nays. Item #23 $20,000 Bond Resolution for Police Department Equipment Trustee Blomquist made a motion to approve the $20,000 Bond Resolution for Police Department Equipment. The motion was seconded by Trustee Casey and so carried with a vote of 4 ayes and 0 nays. Item #24 Adjournment Trustee Casey made a motion at 8:05pm to adjourn. The motion was seconded by Trustee Blomquist and so carried with a vote of 4 ayes and 0 nays. Respectfully submitted, Jennifer DeYorgi Maher Clerk-Treasurer