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					                              MINUTES
             REGULAR MEETING OF THE BOARD OF TRUSTEES
                    VILLAGE OF MONTICELLO, N.Y.
                      MONDAY, JANUARY 8, 2001


MEETING TO ORDER

Mayor Sommers called the meeting to order at 7:00 p.m.
PLEDGE TO THE FLAG

Roll Call

Upon call of the roll, the following were:

Present:                            Absent:

Gary Sommers, Mayor                 James Barnicle, Trustee
Michael Levinson, Trustee
Victor Marinello, Jr. Trustee
David Rosenberg, Trustee

Also Present:   Michael Davidoff, Village Attorney
                Robin Seward, Treasurer
                Betsy Conaty, Director of Parks & Recreation

APPROVAL OF MINUTES OF REGULAR BOARD MEETING OF DECEMBER 18,
2000

A motion was made by Trustee Rosenberg, seconded by Trustee
Marinello, unanimously approved on a roll call vote to adopt the
minutes of the Village Board meeting of December 18, 2000 as
presented.

MOMENT OF SILENCE

Mayor Sommers asked for a moment of silence for Harrison Allen
who passed away last week. He explained that he was a life long
resident who formed the Allen Brothers Band that played at many
local functions and he donated his time to many community
benefits to aid worthy organizations.
Minutes – Regular Village Board Meeting
Page 2 – 01-08-01

AWARDING OF PLAQUES TO HOLIDAY LIGHTING CONTEST WINNERS

Mayor Sommers announced the winners of the Holiday Lighting
Contest as follows and presented each with a plaque:

           Residential

           1st Place - Harold & Lorie Sturgis
           2nd Place – Thomas Storms
           3rd Place – Tarcizo Palhano

           Commercial

           Buona Fortuna Restaurant – Forestburgh Road

PUBLIC COMMENT

Community Development Grant Writing Department Position

Betty Friedland indicated that the Mayor had told several
residents this last weekend that a position was being created
for him to become a grant writer for the Village. She asked for
an explanation and also noted that the matter has been put on
tonight’s addendum? Ms. Friedland felt that the Mayor was
creating a new salaried position to replace the Village Manager
position he is losing next month when Richard Sush takes over
that job.

Mayor Sommers noted that the Board will discuss this later in
the meeting, and a public hearing will be held on the matter at
the next meeting.

Trustee Levinson was also concerned about the new position and
felt the Mayor was not qualified to be a grant writer. He
noted that the Treasurer, Robin Seward is currently being paid
to write grants for the Village and grant writing is also part
of the Manager’s job description.

Lloyd/Atwell Lane Water Problems

Betty Friedland asked that the record reflect that her
neighborhood is still experiencing yellow water.
Minutes – Regular Village Board Meeting
Page 3 – 01-08-01

Park & Recreation Director

Betty Friedland felt that Mayor Sommers behavior toward the Park
& Recreation Director was horrendous judging by the minutes of
the last meeting.

Mayor Sommers indicated that he had apologized to the Department
Head, but also noted that he stood firmly that the MAC Center
would remain opened and funding would be found from some source.
He noted that this was the same department head that Ms.
Friedland had had some differences with several years ago.

Ms. Friedland noted that she is a taxpayer and not her boss.

Trustee Levinson agreed with Ms. Friedland.

Becky Whipple indicated that she had heard that the Rhulen
Family was not going to give the Village any more money, and
then questioned where the money would come from and would it
cause any additional tax increase.

The Mayor indicated that the Village will be seeking grants and
other types of funding if the Rhulen do not continue funding the
program, however, he will be meeting with them next week to find
out their plans for future payments of that facility.    At this
time programs are funded for at least the next 3 months.

Snow Removal Problems

Harry Brantz felt that the business owners on Broadway were
removing the ice and snow from their sidewalks.

Trustee Levinson felt that the comments in the Times Herald news
article last weekend regarding the slow removal of snow and ice
piles from intersections making it difficult for senior citizens
and handicapped persons to cross streets, led the public to
believe that the Highway Department is only working with half a
crew, when in fact it was only this last Friday that two
employees had the day off, and only the Superintendent has been
out sick. He suggested that with the limited number of Highway
employees that the Village should consider sub contracting snow
removal (similar to the way property cleanup is handled) during
heavy snowstorms.
Minutes – Regular Village Board Meeting
Page 4 – 01-08-01

Mayor Sommers noted that his comments and other facts in that
article were erroneous. He explained that if part of the snow
removal was privatized, a line item would have to be created in
the budget and that is too late for this year.

Trustee Levinson   indicated that he had an hour-long discussion
with the Highway   Superintendent this morning and he was promised
that the Highway   Dept. would be having 11 employees working
tonight to clean   up the sidewalks.

Richardson Court

Harry Brantz was concerned that at least three or four doors are
wide open in the Richardson Court units.

Apollo Plaza Report

Trustee Levinson asked the Mayor to give his report on the
Apollo Plaza that he had said he would do at the last meeting.

Mayor Sommers reported that the Town of Thompson had called this
meeting, although the Village had done something similar several
months ago. The Sullivan County IDA feels that renovating the
Apollo Plaza is a lost cause, and even if Apollo was fully
rented and brought up to Code it might only break even. The
Mayor suggested to the Town and Ken White who is interested in
buying the mall to contact either Hyett/Palmer or Rob Camoin to
ascertain if any grants are available for this type of project.
The Mayor noted that the Town did called those companies the
next day for that type of information.

COPS Grant

Trustee Levinson questioned why the Part time Police
Administrative Secretary position was not on the agenda so it
could be discussed at the last meeting in open session while the
public was present and also why the position was not advertised
even if it was only internally? He felt that this matter was
all decided behind closed doors, with only particular personnel
being discussed in Executive Session. Also the Chief of Police
dated the job description January 3, 2001 after the fact.
Minutes – Regular Village Board Meeting
Page 5 – 01-08-01

Trustee Rosenberg agreed with Trustee Levinson that the matter
should have been on the agenda and the particular personnel only
discussed in Executive Session

The Village Attorney indicated that there was a time restraint
of 90 days from when the grant could be approved, and the time
was expiring.

Ice Skating Rink

Trustee Levinson questioned the status of opening a skating rink
this year?

Mayor Sommers indicated that the Mountain Mall has concerns as
to who would be responsible and liable. He did not feel that it
would be feasible this year.

Sleigh Riding Hill – Fraser Avenue

Trustee Marinello questioned whether the Fraser Avenue hill is
open for sleigh riding, as last week youngsters were using it
for that purpose even though it is supposed to be closed?

Mayor Sommers indicated that it is not to be used for sleigh
riding purpose and signs are posted and barricades in place,
however, he will have the police patrol the area in the future.

Mobile Medic Quarterly Report

Albee Bochman, presented the Village Board with his quarterly
report noting that the average emergency response time within
the Village is 4.8 minutes. He explained that he has commenced
several new programs including a rehabilitation team activated
when there is a fire and firemen inhale smoke, and drawing blood
for all police department arrests so time is saved from officers
having to drive to the hospital for such a procedure.

PUBLIC HEARING TO REVIEW AND DISCUSS LOCAL LAW NO. 1 OF 2001 TO
REVIEW AND CONSIDER AMENDING THE ZONING LAW SECTION 280-19
SCHEDULE OF SIGN REGULATIONS

Mayor Sommers opened the public hearing at 7:29 p.m.
Minutes – Regular Village Board Meeting
Page 6 – 01-08-01

Design Review Board Chairman Vincent DiCio explained that the
local law reduces the maximum sign surface area allowed in
different zones throughout the Village of Monticello and places
a limit of one (1) freestanding sign per property frontage for
each zone.

Gordon Jenkins complained that signs are being erected with no
permits, making for a cluttered appearance in many areas, with
no one appearing to enforce the sign laws.

Betty Friedland questioned who is the Zoning Enforcement Officer
and why is that person not doing their job?

Mayor Sommers responded that he is the Zoning Enforcement
Officer as Manager but he is only getting an additional $12,000
for those additional duties and doesn’t get paid enough to do
everything. When there is a full time Manager, he will be
responsible for issuing violations to any business that does not
apply for a sign permit.

Trustee Levinson questioned whether the Mayor/Manager picks and
chooses what he does?

Mayor Sommers responded that he picks and chooses his priorities
as he cannot get to everything.

Trustee Rosenberg thanked Chairman DiCio and his other committee
members for doing an excellent job and noted that the new signs
on Broadway approved by his committee have improved the
aesthetics of the area.

As there were no further comments Mayor Sommers closed the
public hearing at 7:39 p.m.

RESOLUTION ADOPTING LOCAL LAW NO. 1 OF 2001 TO REVIEW AND
CONSIDER AMENDING THE ZONING LAW SECTION 280-19 ENTITLED SIGNS
AND BILLBOARDS - SCHEDULE OF SIGN REGULATIONS

WHEREAS, proposed Local Law No. 1 of 2001 entitled amending the
Village of Monticello Zoning Law Section 280-19 entitled Signs
and Billboards – Schedule of Sign Regulations was considered and
discussed and notice of said public hearing having been duly
Minutes – Regular Village Board Meeting
Page 7 – 01-08-01

published and posted as required by law, and said public hearing
having been held and all persons appearing at said public
hearing deeming to be heard having been heard; and,

WHEREAS, the Board of Trustees after hearing the public’s
comments and considered the changes to be in the best interest
of the Village of Monticello.

NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the
Village of Monticello does hereby enact and adopt Local Law No.
1 of 2001 amending the Zoning Law, Section 280-19 entitled Signs
and Billboards – Schedule of Sign Regulations.

A motion was made by Trustee Levinson, seconded by Trustee
Rosenberg, unanimously approved on a roll call vote to adopt the
above resolution.

Trustee Rosenberg asked Chairman DiCio to review the Sign
Ordinance, and recommend a revision that would address the
signage on back of Broadway stores as second store fronts.

RESOLUTION APPROVING AN EASEMENT WITH ANTHONY MASCARA AND ANN
DAPOLITO CONCERNING NIVENS DRIVE

The Village Attorney explained that this resolution is necessary
to provide room for a turn around for vehicles, and these
property owners, Anthony Mascara and Ann Dapolito have donated
the land necessary for this roadway at no cost to the Village
and in lieu of this easement they will not pay their cost of the
expense accessed in proportion to each of the owners of the
adjoining lands for these improvements referred to in the next
resolution to come before the Village Board.

WHEREAS, the Village of Monticello is about to adopt a
resolution accepting the dedication of Nivens Drive as a Village
Street from the Premier National Bank, and;

WHEREAS, the Village of Monticello needs an easement from the
adjoining property owners Anthony Mascara and Ann Dapolito to
permit Nivens Drive to be utilized as a street; and,
Minutes – Regular Village Board Meeting
Page 8 – 01-08-01

WHEREAS, Anthony Mascara and Ann Dapolito, in consideration of
one and no/100 dollars ($1.00) lawful money of the United
States, and other good and valuable consideration given by the
Village of Monticello, does hereby grant and release unto the
Village of Monticello a twenty (20) foot wide perpetual easement
and right-of-way for the construction, maintenance and/or
repaving of a sound, stable, and level gravel-surfaced gravel
drive of adequate design to support the weight of Village trucks
and the right to enter the premises by Village vehicles for the
purpose of turning around and egressing, Nivens Drive during
normal street maintenance or repair functions and refuse
collections the cost of said system or work to be paid by the
Village which costs shall be reimbursed by residents of Nivens
Drive except for Anthony Mascara and Ann Dapolitio pursuant to
the terms of said easement annexed to this resolution.
Minutes – Regular Village Board Meeting
Page 8 – 01-08-01

NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the
Village of Monticello does hereby approve the easement annexed
hereto concerning Nivens Drive becoming a Village Street in
conjunction with the Resolution to be adopted approving the
dedication of Nivens Drive as a Village Street.

A motion was made by Trustee Rosenberg, seconded by Trustee
Levinson, unanimously approved on a roll call vote to adopt the
above resolution.

RESOLUTION ACCEPTING THE OFFER OF PREMIER NATIONAL BANK TO
DEDICATE NIVENS DRIVE TO THE VILLAGE OF MONTICELLO AND TO ASSESS
THE COST TO IMPROVEMENTS

WHEREAS, the Village Board has been requested by residents of
the Village of Monticello who live on Nivens Drive, currently a
private Street, to accept dedication of said Nivens Drive as a
Village Street of the Village of Monticello; and,

WHEREAS, Nivens Drive currently does not meet the specifications
to be accepted as a Village Street, and the Village Engineer
Glenn Smith, estimated the cost to be approximately $14,600.00;
and,
Minutes – Regular Village Board Meeting
Page 9 – 01-08-01

WHEREAS, the Premier National Bank has, by letter dated October
25, 2000, requested in writing that the Village of Monticello
accept dedication of Nivens Drive as a Village Street pursuant
to the annexed description; and,

WHEREAS, the Village Board has determined the allocation of the
cost of improvements to bring Nivens Drive up to specifications
so that it can be accepted as a dedicated Village Street; and,

WHEREAS, pursuant to Village Law 6-614 a public hearing
concerning accepting the dedication of a Village Street was
conducted on November 20, 2000; and,

WHEREAS, the improvements necessary to upgrade Nivens Drive to
meet the specifications to be accepted as a Village Street shall
be wholly at the expense of the adjoining land and shall be
assessed in proportion as nearly as may be to the benefit which
each parcel will derive therefrom which shall be equally; and,

WHEREAS, Anthony Mascara and Ann Dapolito, adjoining owners of a
parcel on Nivens Drive has agreed in lieu of contribution to the
expenses for the improvements to provide an easement agreement
to the Village to permit use of a portion of his property for an
easement and right of way in conjunction with Nivens Drive.

NOW, THEREFORE BE IT RESOLVED, that the Village Board of the
Village of Monticello does hereby accept the offer of Premier
National Bank to dedicate Nivens Drive to the Village of
Monticello according to a filed subdivision map containing said
Nivens Drive; and the metes and bounds description contained in
the deed of dedication and directs the Mayor to accept the deed
to Nivens Drive and does hereby authorize the Treasurer to
prepare all the necessary documents to allocate the costs of
improvements necessary to bring Nivens Drive up to the
specifications of the Village of Monticello for a public street
wholly at the expense of the owners of the adjoining land, the
cost thereof shall be accessed in proportion as nearly as may be
to the benefit which each lot will derive therefrom which shall
be equally except for Anthony Mascara and Ann Dapolito whose
easement to the Village of a portion of his property for use
with Nivens Drive shall be accepted in lieu of any payment for
improvements.
Minutes – Regular Village Board Meeting
Page 10 – 01-08-01

A motion was made by Trustee Marinello, seconded by Trustee
Rosenberg, unanimously approved on a roll call vote to adopt the
above resolution.

RESOLUTION SCHEDULING A WORK SESSION FOR THE DISCUSSION OF PARK
PLACE ENTERTAINMENT DONATION/MAC CENTER/PARK & RECREATION
DEPARTMENT TO BE HELD ON MONDAY, JANUARY _22, 2001 AT 5:30 P.M.

WHEREAS, the Village Board wants to further discuss of the Park
Place Entertainment Donation/Mac Center/Park & Recreation
Department; and,

WHEREAS, the Village Board wishes to have this discussion at a
Work Session on that matter only.

NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the
Village of Monticello does hereby schedule a Work Session for
the discussion of Park Place Entertainment donation/Mac
Center/Park & Recreation Department on Monday, January 22, 2001
at 5:30 p.m.

A motion was made by Trustee Levinson, seconded by Trustee
Rosenberg, unanimously approved on a roll call vote to adopt the
above resolution.

RESOLUTION SCHEDULING A PUBLIC HEARING TO REVIEW AND DISCUSS
LOCAL LAW NO. 2 OF 2001 AUTHORIZING ADDITIONAL DUTIES IN THE
VILLAGE OF MONTICELLO-COMMUNITY DEVELOPMENT GRANT WRITING
DEPARTMENT FOR GARY SOMMERS TO BE HELD ON MONDAY, JANUARY 22,
2001 AT 7 P.M.

Discussion – Trustee Levinson was opposed to this public hearing
as he did not feel that this position was necessary nor should
have been created for the Mayor as a substitution for the
Village Manager position he is losing when Mr. Sush assumes the
position in February.

WHEREAS, the Village Board is desirous of holding a public
hearing to review and discuss Local Law No. 2 of 2001
authorizing additional duties in the Village of Monticello-
Community Development Grant Writing Department for Gary Sommers;
and;
Minutes – Regular Village Board Meeting
Page 11 – 01-08-01

NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the
Village of Monticello does hereby schedule a public hearing to
review and discuss Local Law No. 2 of 2001 to review and discuss
Local Law No. 2 of 2001 authorizing additional duties in the
Village of Monticello-Community Development Grant Writing
Department for Gary Sommers to be held on Monday, January 22,
2001 at 7 p.m.

A motion was made by Trustee Rosenberg, seconded by Trustee
Marinello, approved on a roll call vote as follows: Trustee
Marinello, aye; Trustee Levinson, nay; Trustee Rosenberg, aye;
Mayor Sommers, aye, to adopt the above resolution scheduling a
public hearing to review and discuss Local Law No. 2 of 2001 to
review and consider amending the Zoning Law Section 280-19,
schedule of Sign Regulations to be held on Monday, January 22,
2001 at 7 p.m. Motion carried 3 ayes – 1 nay.

RESOLUTION APPROVING BUDGET LINE TRANSFERS

Trustee Levinson questioned why there was not enough money in
these line items in the 2000/01 fiscal budget? He felt that
accurate amounts should be put in each line item to avoid budget
transfers unless an emergency arises and to have an accurate
budget during the year.

Trustee Rosenberg agreed with Trustee Levinson, and felt the
Board should be more attentive during the next budget review,
however, he felt this request should be granted to allow
officials to attend the necessary conferences.

WHEREAS, Village of Monticello has adopted its annual budget for
the 2000/01 fiscal year, and;

WHEREAS, the Village will incur expenditures that exceed the
adopted line items amount authorized by the Village Board of
Trustees, and;

WHEREAS, there are revenues that exceeded budgetary amounts
and/or expenditures line items that may be reduced.

NOW, THEREFORE BE IT RESOLVED, that the following line items are
increased/decreased as adopted, and the Village Treasurer is
directed to make the following modifications to the annual
budget:
Minutes – Regular Village Board Meeting
Page 12 – 01-08-01

  Department      Transfer From:     Transfer To:     Amt.

  Manager          1230.101           1010.406         $500.00
                                      1210.406          750.00
                                      1210.406          250.00

A motion was made by Trustee Rosenberg, seconded by Trustee
Marinello, approved on a roll call vote as follows: Trustee
Marinello, aye; Trustee Levinson, nay; Trustee Rosenberg, aye;
Mayor Sommers, aye, to adopt the above resolution. Motion
carried 3 ayes – 1 nay.

RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH DR.
ERIC BOLES AS A HYPNOTHERAPY (SELF HYPNOSIS) INSTRUCTOR AT THE
MONTICELLO ARTS & CULTURAL CENTER

WHEREAS, the Park & Recreation Department will be offering a
Hypnotherapy (Self Hypnosis) course at the Monticello Arts &
Cultural Center; and,

WHEREAS, Dr. Eric Boles has agreed to give these Hypnotherapy
lessons and has provided the Village with a Certificate of
Insurance naming the Village as an additional insurer.

NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the
Village of Monticello does hereby authorize the Mayor to sign an
agreement with Dr. Eric Boles as a Hypnotherapy Instructor at
the Monticello Arts & Cultural Center.

A motion was made by Trustee Rosenberg, seconded by Trustee
Marinello, unanimously approved on a roll call vote to adopt the
above resolution.

RESOLUITON AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH
GENERA PEREZ AS A SALSA DANCE INSTRUCTOR AT THE MONTICELLO
ARTS & CULTURAL CENTER

A motion was made by Trustee Rosenberg, seconded by Trustee
Marinello.
Minutes – Regular Village Board Meeting
Page 13 – 01-08-01

Discussion – The Village Attorney explained that for certain non
contact activities the Board has approved agreements with an
instructor without the necessary insurance being provided,
however, he does not know what “salsa” dancing is and
recommended that the Board not approve this agreement until more
information is available as to whether this activity requires a
Certificate of Insurance.

Trustee Rosenberg withdrew his original motion, and made a
motion, seconded by Trustee Marinello, unanimously approved on a
roll call vote to table this matter to the next meeting.

RESOLUTION WAIVING THE ROOM RENTAL FEE FOR USE OF THE MONTICELLO
ARTS & CULTURAL CENTER BY THE SULLIVAN COUNTY CHAPTER OF THE
MILLION MAN MARCH ON FEBRUARY 24, 2001 FOR BLACK HISTORY MONTH

WHEREAS, the Sullivan County Chapter of the Million Man March is
planning to hold a program in respect to Black History Month;
and,

WHEREAS, Jesse York, President of the Sullivan County Chapter of
the Million Man March has requested that for this event only the
Village waive the rental fee of the room at the Monticello Arts
and Cultural Center for this occasion; and,

WHEREAS, the Village Board feels this is a worthy cause and the
group is a Not For Profit organization.

NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the
Village of Monticello does hereby approve waiving the room
rental fee at the Monticello Arts & Cultural Center for the
Black History Month event on Saturday, February 24, 2001.

A motion was made by Trustee Levinson, seconded by Trustee
Rosenberg, unanimously approved on a roll call vote to adopt the
above resolution.

ORDERING BILLS PAID

Fiscal Year 2000/01

General Fund Claims #571-655 in the amount of $63,692.20 said
set forth in abstract A-11 dated January 8, 2001.
Minutes – Regular Village Board Meeting
Page 14 – 01-08-01

Water Fund Claims #133-157 in the amount of $13,221.92 said set
forth in abstract F-11 dated January 8, 2001.

Sewer Fund Claims #117-129 in the amount of $24,041.35 said set
forth in abstract G-11 dated January 8, 2001.

Sanitation Fund Claims #51-55 in the amount of $1,203.28 said
set forth in Abstract CL-11 dated January 8, 2001.

Capital Fund Claim #43 in the amount of $2,518.44 said set forth
in Abstract H-11 dated January 8, 2001.

Community Development Fund Claims #30-32 in the amount of
$6,031.54 said set forth in Abstract CD-11 dated January 8,
2001.

Drug Task Claims #15-16 the amount of $133.50 said set forth in
Abstract TA-11 dated January 8, 2001.

A motion was made by Trustee Levinson, seconded by Mayor
Sommers, unanimously approved on a roll call vote, the bills
audited by the Auditing Committee of the Board of Trustees and
appearing on the abstract of the bills herewith submitted are
ordered paid.

CORRESPONDENCE

Mayor Sommers indicated that a letter from Albert O’Bannon
regarding payment of back taxes.

The Village Attorney recommended that this matter be discussed
in Executive Session as possible litigation could result in
reference to this subject.

EXECUTIVE SESSION

At 7:55 p.m., a motion was made by Trustee Rosenberg, seconded
by Trustee Marinello, unanimously approved on a roll call vote
to move into Executive Session to discuss two employee grievance
regarding a particular persons and possible litigation. Albert
O’Bannon was invited to be in as part of this Executive Session.
Minutes – Regular Village Board Meeting
Page 15 – 01-08-01

ADJOURNMENT

At 9:05 p.m., a motion was made by Trustee Levinson, seconded by
Trustee Rosenberg, unanimously approved on a roll call vote to
adjourn the Regular Village Board meeting.




__________________________
EDITH SCHOP, Village Clerk

				
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