Mayor John M. Diuguid called the meeting to order at 8:00 p.m.
PLEDGE TO THE FLAG
ROLL CALL
Upon call of the rolI, the following were present:
John Diuguid, Mayor
Gloria Cahalan, Trustee
Robert Friedland, Trustee
David Rosenberg, Trustee
Evelyn VanDermark, Trustee
Also Present:
James J. Malloy, Village Manager
Stephen L. Oppenheim, Village Attorney
APPROVAL OF MINUTES OF TIlE VILLAGE BOARD MEETING OF FEBRUARY 17, 1993
A motion was made by Trustee VanDermavk, seconded by Trustee Rosenberg, unanimously aDDroved on a roll call vote to adopt the minutes of the Board meeting of February 17, 1993.
RESOLUTION ADOPTING A JOB DESCRIPTION OF VILLAGE ATTORNEY POSITION WITH AN EXEMPT CLASSIFIED POSITION IN THE CIVIL SERVRCE SYSTEM AND A FOUR (4) YEAR APPOINTMENT PURSUANT TO SECTION 22 OF THE CIVIL SERVICE LAW
Mayor Diuguid explained that the Village is redefining the job description to include all of the legal services being paid at the present time to several different individuals at a cost of approximately $85,000, and combining them into one person wiLh a $65,000 salary, thereby saving money and benefits from each of these persons, and having a full time in-house attorney for better efficiency and being available at Village Hall.
WHEREAS, the Board of Trustees of the Village of Monticello desire to create a full-time position for Village Attorney of the Village of Monticello, and;
WHEREAS, the duties and the description of the position are as follows:
Job Description - This position involves the performance of professional municipal legal work for all aspects of Village government. Duties will be performed in accordance with established policies. Position requires thorough knowledge of the principles and practices of New York State Law. The ability to express self orally and in writing, to get along well with others, a high ethical standard and sense of humor are necessary attributes for the position. The individual will be appointed by the Mayor and Board of Trustees, and shall work under the dfrection of the Village Manager.
Duties - Duties will include, but are not limited to:
1) Represent the Village in all legal matters and proceedings.
2) Research law and renders opinions orally and/or in writing whenever requested to do so for all departments of the Village.
3) Prepares pleadings, appeals, resolutions, notices, contracts, and other legal papers and documents.
4) Examines legal papers served on the municipality.
5) Appears in court to represent the municipality.
8) Prosecute Village Code Violations in Village Justice Court.
7) Work with Village Treasurer on tax collection and subsequent foreclosure proceedings as requested.
8) Serve as Planning Board and Zoning Board of Appeals Attorney.
9) Attend the foil. owing meetings regularly: Village Board, Planning Board, Zoning Board of Appeals, property assessment grievance hearings, and Justice Court (when required).
10) All other responsibilities as may be determined, and;
WHEREAS, special requirements of the position include the appointee must be an attorney admitted to practice before the bar in the State of New York, and must be a resident of Sullivan County.
NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Monticello does hereby create a full-time Village Attorney position as herein described. The Village Attorney will not engage in private law practice.
A motion was made by Trustee Friedland, seconded by Trustee Rosenberg, unanimously approved on a roll call vote to adopt the above resolution.
RESOLUTION ABOLOSHING THE POSITION OF PLANNING BOARD/ZONING BOARD OF APPEALS ATTORNEY EFFECTIVE IMMEDIATELY.
WHEREAS, the Village Board of the Village of Monticello has voted to redefine the job description to include all. oF the legal services being paid at the present time to several different individuals, and;
WHEREAS, the Village Board of the Village of Mortticello has adopted the job description for its Village Attorney to include Planning and Zoning Board of Appeals performance, and;
NOW THEREORE BE IT RESOLVED, that the Village Board of the Village oF Monticello does hereby abolish the position of Planning Board/Zoning Board of Appeals Attorney effective immediately.
A motion was made by Trustee Friedland, seconded by Trustee Cahalan, unanimously approved on a roll call vote to adopt the above resolution.
APPOINTMENT BY MAYOR OF VILLAGE ATTORNEY WITH BOARD APPROVAL
Mayor Diuguid explained the present Village Attorney, Stephen Oppenheim, was offered the position based on the in-house Village Attorney job description, and Mr. Oppenheim, under these circumstances, declined the offer. The Mayor thanked Mr. Oppenheim for his many years of dedicated service to the Village.
Mayor Diuguid appointed Mark Schulman as the Village Attorney at an annual salary of $65,000 plus benefits.
On a roll call vote of the Board of Trustee as follows: Trustee VanDermark, nay; Trustee Cahalan, aye; TrusLee Friedland, aye; Trustee Rosenberg, aye, the appointment was approved: ayes 3; nays 1.
RESIGNATION OF VILLAGE JUSTICE
The Village Clerk read, a letter of resignation from Village Justice, Mark Schulman, due to his appointment as Village Attorney, effective immediately.
APPOINTMENT BY VILLAGE MANAGER OF VILLAGE JUSTICE
Village Manager James Malloy appointed John M. Diuguid, Village Justice, to fill the unexpired term to expire on Narch 31, 1994.
RESIGNATION OF MAYOR JOIIN M. DIUGUID
The Village Clerk read a letter of resignation from Mayor John M. Diuguid, effective immediately due to his appointment as Village Justice.
Former Mayor Diuguid explained that he can not sit as the Village Judge and the Mayor, and therefore has tendered his resignation. He thanked all residents that had voted for him, and indicated that he had appreciated the opportunity to serve the community in which he had grown up in and his children are growing up in. He especially appreciated serving with the other members of the ViLlage Board. John Diuguid handed the Deputy Mayor Robert Friedland the gavel to continue with the regular Board meeting.
APPOINTMENT OF MAYOR BY BOARD OF TRUSTEES
Trustee Rosenberg nominated Deputy Mayor Robert Friedland for the position of Mayor until the next regularly scheduled Election, ion on March 15, 1994.
On a roll call vote of the Board of Trustee as follows: Trustee VanDermark, nay; Trustee Cahalan, aye; Trustee Friedland, aye; Trustee Rosenberg, aye, the nomination was approved: ayes 3; nays 1.
APPOINTMENT OF VACANT TRUSTEE POSITION
Nayor Friedland appointed Gladys Walker, Trustee to fill the unexpired term of trustee to expire on March 31, 1994. The Village Clerk administered the oath of office to Trustee Walker.
RESIGNATION OF VILLAGE ASSESSOR
The Village Clerk read a Letter of resignation from Village Assessor G[adys Walker effective immediately due to her appoLntment as Village Trustee.
MAYOR'S APPOINTMENT
Mayor Friedland appointed Trustee Rosenberg as Deputy Mayor to the Reorganizational Meeting in April, 1993.
Vic Gordon read a statement opposing all the actions taken at this meeting, and indicating that they had disregarded the wishes of the residents that voted in the last two Village Elections.
SCHEDULING A PUBLIC HEARING TO CONSIDER AND ADOPT LOCAL LAW NO. 3 OF 1993 TERMINATING THE VILLAGE OF MONTICELLO AS AN ASSESSING UNIT IN ACCORDANCE WITH 1402(3}(a} OF THE RPTL OF NEW YORK STATE TO BE HELD ON MONDAY, MARCH 15, 1993 AT 8:G5 P.M.
Trustee Rosenberg explained that the Village is now using the Towo's assessment figures, and therefore, the Village will be considering terminating the Village's assessing unit, thereby, having Tom Frey as the sole assessor for the Town and Village combined.
A motion was made by Trustee Rosenberg, seconded by Trustee Catalan, unanimously approved on a roll call vote to schedule the above indicated public hearing.
DISCUSSION OF OUTDOOR SALE OF FOODS/CAFES
Village Manager Malloy explained that presently the Village Code does not allow for the outdoor sale of food. The current Code was adopted in 1954 and is somewhat dated at this time as far as prohibiting the outdoor sale of food. The Board had previously requested that the Manager get additional information on including outdoor cares in this ordinance, and he has just received several samples of codes that cover both issues, but also bring up some additional matters. For instance, the issue of transient retail merchanise should be considered. The Manager indicated that by the next Board meeting he will have a proposed local law for the Trustees review.
Trustee Rosenberg strongly urged that the Board should take a firm stance against the notion of transients in order to protect the year round merchants.
Trustee Cahalan also was concerned about the health issue in accordance with this local law.
Trustee VanDermark asked that the ordinance include insuring that the food displayed is set back from the road to insure safety of the residents.
DISCUSSION OF TOWING CODE
The Village Manager exDlained that the Towing rates were last updated in 1985, noting that currently the rates can only be changed by local law as they are incorporated in the code itself. He noted that all other Village fees are part of a fee structure revised by Board resolution. The Manager noted that the tow truck operators have requested a fee increase to cover their costs. The Manager indicated that by the next Board meeting he will have a proposed local law for the Trustees review.
Chief Ramsay requested that the tow truck operators be represented to give their input on a proposed amended local law.
RESOLUTION WAIVING THE PENALTY ON WATER ACCOUNT #7 IN THE AMOUNT OF $173.81
This matter was tabled to be discussed in Executive Session
RESOLUTION REMOVING THE PENALTY FROM WATER ACCOUNTS DUE TO A TIMELY POSTMARK
WIlEERAS, penalties of 10% are placed on all delinquent water accounts after 30 days of billing, and;
WHEREAS, the following accounts were paid with a timely postmark within the 30 days of billing but reached the Village Clerk after that date, and;
Account # Amount of Penalty 50 $ 9.35 223 9.55 238 24.06 245 9.55 577 2.67 950 4.01 1001 5.73 1002 8.78 1003 6.49 1728 6.11 1939 4.77 1951 66.85 2007 28.07 2084 61.12 2128 21.58 2131 14.13 2272 23.68 2281 10.12 2345 35.09NOW TIlEBEFORE BE fT RESOLVED, that the Village Board of the Village of Monticello does hereby authorize that these accounts have the penalties removed.
A motion was made by Trustee Rosenberg, seconded by Trustee Walker, unanimously approved on a roll call vote to adopt the above resolution.
RESOLUTION DELEGATING TO THE VILLAGE TREASURER OF THE VILLAGE OF MONTICELLO, SULLIVAN COUNTY, NEW YORK, THE POWER TO AUTHORIZE THE ISSUANCE OF AND TO SELL NOT EXCEEDING $400,000 TAX ANTICIPATION NOTES OF SAID VILLAGE IN ANTICIPATION OF THE COLLECTION OF TAXES LEVIED OR TO BE LEVIED FOR THE FISCAL YEAR OF SAID VILLAGE COMMENCING AUGUST 1, 1992
A motion was made by Trustee VanDermark, seconded by Trustee Cahalan, approved on a roll call vote as follows: Trustee VanDermark, aye; Trustee Cahalan, aye; Trustee Walker, abstain; Trustee Rosenberg, aye; Mayor Friedland, aye. Motion approved ayes - 4, nays - 0, abstention 1.
The Manager explained that the fiscal advisors have advised against deficit bond financing as Moody's might lower the Village's bond rating, so as to make the Village's bonds not capable of being sold at a public sale. It was these advisor's recommendation to go with a combination of tax articulation notes and budgetary notes in lieu of deficit bonds so as to not affect 'the Village's bond rating.
Trustee VanDermark asked the Manager to supply her with a list of all the Village's outstanding bonds.
MANAGER'S REPORT
1. The Manager reported that he and James Artale, CEO have recently surveyed the Village to determine which buildings fall under the new "Unsafe Building" Code Ordinance. The preliminary list has about 35 properties that fit in this category some in very dangerous condition. The Manager is researching if there are any grants thru HUD to do redevelopmont. Shortly, this preliminary list will be prioritized in order of most hazardous.
2. The Manager indicated that if the Village did not receive the grant from the NYS Division for Youth the Village will have to consider whether it will purchase the Jewish Community Center building to be used as a youth center. The Manager also reported that the State will be notifying the Village on the determination of the pending grant in May or June of this year.
PRESENTATION BY BILL TOCHTFRMAN, PRESIDENT OF MONTICELLO ACT,YON COMMITTEE
Bill Tochterman, President of the Monticello Action Committee, (MAC) thanked the Board for allowing him to address the Board and also welcomed Mayor Robert Friedland and Trustee Gladys Walker. Mr. Tochterman explained that MAC has many events planned for the Monticello area including a 50's car show at Apollo Plaza, the antique car show on Broadway, beautifying the entrances to Monticello and refurbishing store fronts and buildings. He indicated that the information booth on Broadway will be opened from mid June to September. Mr. Tochterman also requested that the Village reinstate its contribution to MAC, as well as have a representative from the Village on their Board of Directors. Mr. Tochterman felt that in this way the Village Board would be supporting all of MAC's efforts.
Trustee Rosenberg was concerned that Mr. Tochterman was leaving the wrong impression, that the Village Board does not support MAC. Trustee Rosenberg explained that the Village has supported MAC in all their efforts, and contribute by paying overtime to police officers during MAC sponsored parades, and lost revenue by the Village giving up parking spaces for convenience in using the information booth.
Hayor Friedland assured Mr. Tochterman that MAC has the Village Board's support and will continue to work closely wi Lh the Monticello Action Committee.
CORRESPONDENCE
Mayor Friedland read a letter from Edward M. Cooke, requesting permission to allow St. Peter's Church to hold their Summer Festival on July 9th, 10th and llth with the use of a portion of the North Street parking lot as part of the Festival program.
A motion was made by Trustee Rosenberg, seconded by Trustee Vandermark, unanimously approved on a roll call vote giving permission for St. Peter's Church to hold their Summer Festival on July 9th, lOth and llth with the use of a portion of the North Street parking lot as part of the Festival program.
ORDERING BILLS PAID
Fiscal Year 1992-93
General. Fund claims # 725-729, in the amount of $4,720.27 said set forth in abstract # A-15 dated March 1, 1993.
Water fund claim # 19,1, in tile amount of Sl,725.06 said set forth in abstract # F-15 dated March 1, 1993.
Sewer Fund claim # 1,14, in the amount of $975.00 said set forth, in abstract # G-15 dated March 1, 1993.
A motion was made by Trustee Rosenberg, seconded by Trustee Walker, 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. Roll call vote as fol].ows: Trustee VanDermark, abstain; Trustee Cahalan, aye; Trustee Walker, aye; Trustee Rosenberg, aye; Mayor Friedland, aye. Motion carried, 4 ayes - 1 abstention
OTHER BUSINESS
Mayor Friedland asked for volunteers to serve on either the Beautification Committee or the Youth Committee should give their name to the Village Clerk.
Trustee Rosenberg explained that the Village has talked in length on a sanitation enterprise fund and noted that he is disappointed with what he read recently in the newspaper, the tact thai. Sullivan County has had a discussion with Orange County concerning the landfill that was yielded as some kind of terrible happening, that garbage would be taken in, in the midd].e of the night. He stated, "that this County is in very bad financial shape and this Village is in horrendous shape. The Village would have really profired had we made better use of our landfill. Until all. the facts aere known in wasn't necessarily a victory for the Village that it appears that the landfill will not be making money for this Village. In light of that, the Village should move forward as quickly as possible to establish a sanitation district, before the landfill costs destroy Monticello. The County will also be constantly jacking up the tipping fees charged for dumping garbage. Sullivan County charges more than any other area for use of the landfill. Perhaps it behooves the people in this room to let there supervisor know the effect and it is already hurting the Village residents and will continue to increase." He asked that the matter be placed on the agenda for discussion as quickly as possible.
Trustee VanDermark asked the Manager if he had researched whether the Village needed an Historian?
Village Manager Malloy responded that he could not find any state law requiring the Village to have an Historian.
Trustee VanDermark also asked the Manager for a report on his meeting with Marilynn Vetrano, Human Right's Commission, Executive Director for Dutchess County.
The Manager indicated that Ms. Vetrano explained that most Human Rights Commissions are organized with several subcommittees dealing with housing, civilian police issues, and job discrimination. In addition, ad hoc committees can also be formed at the same time. Ms. Vetrano recommended that the Village consider a seven to thirteen member board in order to encompass a wider spectrum of the community. The Manager explained that he will be reviewing the material and will bring a recommendation to the Board shortly.
EXECUTIVE SESSION
At 9:15 p.m., a motion was made by Trustee VanDermark, seconded by Trustee Cahalan, unanimously approved on a roll call vote that the Board move into Executive Session to discuss a personnel matter.
At 10:30 p.m., a motion was made by Trustee Rosenberg, seconded by Trustee Cahalan, unanimously approved on a rot1 call vote that the Board reconvene the Regular Board Meeting.
RKCONVENED BOARD MEETING
RESOLUTION WAIVING THE PENALTY ON WATER ACCOUNT #7 IN TIlE AMOUNT OF $ 173.81
As there was no second to this resolution the penalty was not waived and is due.
RESOLUTION AUTHORIZING THE VILLAGE CLERK TO ACCEPT DEED FOR FILING FROM OWNER OF TAX MAP PARCEL, SECTION 105 BLOCK I LOT 2
WHEREAS, the Village has begun foreclosure proceedings for non payment of taxes on Section 105, Block l, Lot 2, and;
WHEREAS, the Village Board has been offered the deed from the property owner of Section 105, Block 1, Lot 2.
NOW THEREFORE BE IT RESOLVED, that the Village Board of the Village of Monticello does hereby authorize the Village Clerk to accept the deed for filing.
A motion was made by Trustee VanDermark, seconded by Trust, ee Cabalan, unanimously aDDroved on a roll call vote to adopt the above resolution.
ADJOURNMENT
At 10.31 p.m. a motion was made by Trustee Cahalan, seconded by Trustee VanDermark, unanimously approved to adjourn the Village Board meeting. The meeting was adjourned at 10:32 p.m.
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EDITH SCHOP
Village Clerk