Page 226 December
24, 2007
Rockville Centre , New
York
The
Board of Trustees met at 9:00 a.m. on the above date in the Mayor’s office at
Village Hall.
PRESNT: Mayor
Mary W. Bossart, Trustees Jeanne Farnan Mulry, Andrew P. Karamouzis and Charles
R. Joyce.
ABSENT: Trustee
David A. Krasula, who was excused.
ALSO PRESENT: Acting
Village Administrator Michael Schussheim and incoming Village Administrator
Francis D. Quigley, Jr.
On
motion by Trustee Mulry, duly seconded by Trustee Karamouzis and unanimously
carried the voted to convene in executive session to discuss pending
litigation.
On
motion by Trustee Mulry, duly seconded by Trustee Karamouzis and unanimously
carried, the Board authorized Cullen & Dykman to file a motion
for leave with the New York
State Chase
Partners/Signature Place
After
discussion, the Board returned to public session and the meeting was adjourned
at 9:55 a.m.
Page
225
December 21,
2007
Rockville Centre , New
York
The
Board of Trustees held a public Briefing Session at 9 a.m. on the above date in
the Mayor’s office at Village Hall.
PRESENT: Mayor Mary Whalen Bossart, Trustees Jeanne
Farnan Mulry, Andrew P. Karamouzis, Charles R. Joyce and David A. Krasula.
ABSENT: None.
ALSO
PRESENT: Acting Village
Administrator/Comptroller Michael Schussheim and incoming Village Administrator
Francis D. Quigley, Jr.
On motion by Trustee Joyce, duly
seconded by Trustee Krasula and unanimously carried, the Board voted to convene
in executive session to discuss matters relating to the personal, financial or
other history of a village employee.
The Board unanimously approved
the proposal to transfer Michael Lecesse, Jr. from his position
in the Electric Department to a position in the Public Works Department. The Board approved this request subject to
Mr. Lecesse signing a release that is being prepared by Gary Fishberg. The Board agreed that the transfer take place
as soon as possible and that the signing of the release take place as
soon as possible.
The Board returned to public
session, and the meeting was adjourned at 9:55 a.m.
Page
197
December
17, 2007
Rockville Centre , New
York
The
Board of Trustees held a public Briefing Session on the evening of the above
date in the Mayor’s office at Village Hall.
The meeting was called to order at 8:05 p.m.
PRESENT: Mayor Mary Whalen Bossart, Trustees Jeanne
Farnan Mulry, Andrew P. Karamouzis, Charles R. Joyce and David A. Krasula.
ABSENT: None.
ALSO
PRESENT:
On motion by Trustee Karamouzis,
duly seconded by Trustee Joyce and unanimously carried, the Board voted to
convene in executive session to discuss matters relating to the financial
history of particular persons.
The Board returned to public
session.
On motion by Trustee Joyce, duly
seconded by Trustee Mulry and unanimously carried, the Board authorized Acting
Village Administrator Michael Schussheim to received $2,500 per
month for the period June 1 through December 31, 2007.
Mayor Bossart appointed Francis
D. Quigley, Jr. as Village Administrator/Clerk-Treasurer, effective January 2,
2008. On motion by Trustee Joyce, duly
seconded by Trustee Mulry and unanimously carried, the Board approved the
appointment of Francis D. Quigley, Jr. Village Administrator/Clerk-Treasurer at
an annual salary of $137,500, effective January 2, 2008.
The meeting was recessed to 8:15
p.m.
Page 198 December
17, 2007
The Regular Meeting of the Board
of Trustees was held on the evening of the above date in the Village Hall. Mayor Bossart opened the session at 8:15 p.m.
PRESENT: Mayor Mary Whalen Bossart, Trustees Jeanne
Farnan Mulry, Andrew P. Karamouzis, Charles R. Joyce and David A. Krasula.
ABSENT: None.
ALSO
PRESENT:
ATTENDANCE: Approximately 45 people.
Mayor Bossart asked Sue
Oppenheimer to lead the Pledge of Allegiance.
Mayor Bossart expressed her deep
appreciation to Village Comptroller Michael Schussheim, who has been Acting
Village Administrator for more than a year while the Board searched for a
permanent replacement. It is the second
time he has served as Acting Village Administrator, and it was made more
difficult because the Village does not have a full-time, in-house Village
Attorney. Michael was here at all hours
responding to emergencies and has been a steadying influence for all the
Village employees during this past year.
Mayor Bossart said she and the Board are very grateful for all of his
services.
Mr. Schussheim said he
appreciated the kind words and thanked this Board, Mayor Gene Murray and the
previous Board and especially the department heads, all the Village employees
and the volunteer Fire Department for their cooperation and assistance over the
past 16 months. He said he looks forward
to continuing working with everyone as the Village Comptroller.
Mayor Bossart then introduced the
new Village Administrator/Clerk-Treasurer, Francis D. Quigley, Jr. Mr. Quigley is a third generation resident of
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199
December
17, 2007
Mayor Bossart then swore in
Francis D. Quigley, Jr. as the Village Administrator/Clerk-Treasurer for the
Mr. Quigley said he is delighted
and honored to join this team. He said
Mayor Bossart appointed Sara
Mandinach as a member of the Planning Board to replace Daniel
Casella, who is now Superintendent of Buildings.
On motion by Trustee Krasula,
duly seconded by Trustee Joyce and unanimously carried, said appointment was
approved.
Mayor Bossart appointed Bryan
A. McKenna and Patrick O’Brien as alternate members of the Planning
Board.
On motion by Trustee Krasula,
duly seconded by Trustee Mulry and unanimously carried, said appointments
were approved.
Mayor Bossart appointed Jeannie
Waters as a member of the Community Development Citizens’
Advisory Committee.
On motion by Trustee Krasula,
duly seconded by Trustee Mulry and unanimously carried, said appointment was
approved.
Mayor Bossart recessed the
Regular Meeting, and the Board convened in its capacity as the Exterior Design
Review Board.
ACB Case #
Superintendent Casella said this
is a proposed construction of a new single-family dwelling. The architectural consultants met on November
1, 2007, and it was approved as revised.
This application has been duly noticed.
Mr. Casella introduced the architect, John Imhof.
Mr. Imhof said he is representing
the owner, Vishnu Gunness. They are proposing a two-story, one-family brick and
frame dwelling on a vacant lot. He said
the entire street is Colonial, and he took little snippets from the surrounding
homes in designing this building. The houses
range from 3,300-4,000 sq. ft., this one is 3,800+. He is using brick similar in color to two
other houses on the street. There will
be a two-car attached garage. In designing the house, he tried to mimic the
features found on many of the surrounding homes, such as a roof skirt over the
garage, a one-story high entrance, a bay window, a balcony, a hip roof, reverse
gables, and a reverse gable on the second floor with a roof skirt. Mr. Imhof said in addition,
Page 200 December
17, 2007
there are a couple of features
not commonly seen on the street, such as the arch top windows on the second
floor. The roof is Certain-Teed
material.
Trustee Karamouzis commented that
he likes that the brick extends around the entire house. He noted that the front of the house is
rather ornate and asked if there is any way to add any interest to the back of
the house. Mr. Imhof said his client
places a high priority on design and that is the reason for the added expense
along the sides and rear of the house.
Trustee Mulry said that, while
Mr. Imhof has borrowed design elements that exist on various houses in the
neighborhood, her concern is that he appears to have taken all of them and put
them on one house. There are four peaks
in the front and the rest of the houses are more stately Georgian
Colonials. She is concerned that the
overzealousness of his design might have a negative impact on the neighborhood. Mr. Imhof said that is a valid concern, but
he has built a number of houses and this is the most subdued. Trustee Mulry asked if he had an opportunity
to meet with the neighbors and discuss the design. Mr. Imhof said he left that to his client,
and he has not had an opportunity.
Trustee Karamouzis asked if Mr. Gunness
intends to live in the house. Mr. Imhof said he intends to sell it.
Mayor Bossart observed that there
are three air conditioning units in the back.
Trustee Karamouzis added that he would need a waiver for the third
one. Mr. Imhof said he is aware of that
and thinks they have switched to two.
Mayor Bossart asked what type of landscaping screening they plan to
use. Mr. Imhof said the backyard is
already enclosed by a fence, which they intend to keep. Mayor Bossart said she is talking about
screening in closer proximity to the units themselves. Mr. Imhof said they have no objection to
that. Mayor Bossart confirmed that Mr.
Casella had taken that into account.
Trustee Krasula observed that
there are five steps up to the doors and most of the homes in that area have
two steps to the front door. He is
concerned that the house will appear much higher than the surrounding homes. Trustee
Krasula said he was also struck by the amount of brickwork, with a very wide
driveway and backyard which appears to be mostly brick. He asked what percentage of the property
would be grass. Mr. Imhof replied that roughly half of the open space will be
grass. Trustee Krasula said it does not
look like that from the renderings. Mr.
Imhof said they could reduce the rear patio.
Trustee Krasula asked if the driveway could be reduced. Mr. Imhof responded that if they need to take
three feet off, they can.
Trustee Mulry added that she
thinks the landscaping plan is pretty bare and will have a negative impact.
Mayor Bossart called for comments
from the public.
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December
17, 2007
Aldo Nestico of
Trustee Karamouzis asked the
height of the roof. Mr. Imhof responded
31.5’ measure to the ridge.
Mr. Nestico asked how much
property is between the property line and the structure. Mr. Imhof replied 8¼’ on the side. It is in compliance. Mr. Nestico asked if they are going to have a
basement, and also said he is concerned about water run-off with the increase
in asphalt. Mr. Imhof said they will
have a basement and to avoid issues with flooding, he never likes to bring
first floors close to grade. He likes to
bring them up a little. Trustee Mulry
said she does not see any drywells on the plan.
Mr. Imhof said when they go for a building permit they will add them
because they are required by code.
Trustee Krasula asked about the
staircase on the side of the house in terms of distance to the lot line. Mr. Casella answered that it is not
considered an encroachment to the side yard.
Ernest Desravines of
Trustee Karamouzis asked if the
two neighbors had any suggestions or comments.
Mr. Nestico said he thinks it is a little overdone and ornate for the
neighborhood. Trustee Karamouzis said
that this is the time to make comments and request changes, especially since
the applicant is going to sell the house and be gone, while the neighbors have
to live with it. Mr. Imhof interjected
that the whole purpose of building a new building is build something you cannot
find someplace else. Mr. Nestico said he
agreed with that but it just does not fit in with the neighborhood. Mr. Imhof said he does not feel it is
overdone and will only improve property values.
Trustee Krasula asked if it is
possible to do away with the reverse gable vent. Mr. Imhof said that element exists on three
different homes in the area and they are very attached to it. Trustee Krasula
agreed, but said that they do not have the other elements over their
windows. Mr. Imhof said they would remove
Page 202 December
17, 2007
it as a condition of approval,
but by removing it you are going to have a very symmetrical feel and it will
detract from the beauty of the house.
Trustee Mulry said what has
worked in the past is to go back to the drawing board and talk to the neighbors
and come up with a design that is a little less overdone and fits in with the
neighborhood. Mr. Imhof asked, “What is
overdone?”
Mayor Bossart responded the
lighting on the second floor and the balcony.
She said the issue is the combination of elements: the Palladian windows, the keystone design,
oval windows in the door offset with the skylight above it which seems to be
quite large; two columns on each side of the door and very ornate railings on
the steps. She said the Board is looking
for a cleaner design.
Trustee Karamouzis added that
there are so many things on the house vying for attention, which on their own
would be attractive, but together are ornate.
He said the Board applauds his creativity, but someone looking to move
into the neighborhood might not find that vision attractive.
Trustee Karamouzis moved to continue
ACB Case #
Mr. Gunness, the owner of the
property, asked to speak. He said his
main concern is that his neighbor said that if he were to live in it, it would
be OK. Mr. Nestico said he apologized for
that comment and takes it back. Mayor
Bossart said the Board does not base their decision on who lives in a
house. She said he heard the specific
elements they consider to be too ornate and that a judicious review in terms of
which ones to eliminate or scale down will help in the Board’s giving approval.
Trustee Mulry added that what she
heard was that the house would be more appealing if it was out on a two acre
lot, but this neighborhood has a theme and style to it and may negatively
impact this existing neighborhood.
Mr. Gunness added that the design
consultants had looked at it twice and were OK with. Mayor Bossart repeated that the Board has to
look at how the house fits in with the neighborhood and whether the slopes and
drainage are going to be met. They are
concerned about how much of the ground is covered by an impervious material and
the various elements they listed. She
said the architectural consultants do not have the final say and do not have
the benefit of the neighbors’ input.
Trustee Karamouzis pointed out
that the consultants had considered the first design rather ornate, and he does
not consider the second design much different.
Trustee Krasula suggested that they consult with their neighbors before
returning for review.
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203
December
17, 2007
ACB Case #
Superintendent Casella announced
that this is a proposed two-story side addition plus basement, which has been
duly noticed. He introduced the
architect, Robert Powell.
Mr. Powell showed photos of the
existing structure and 10 letters out of the 25 mailings. He said this is the third or fourth
design. They are adding an 18 ft.
addition. The existing structure is
1,440 sq. ft. of inhabitable space. They
are adding 1,224 sq. ft. plus the garage, for a total of 2,664. There will be six bedrooms. All the finishes will match what is currently
there: blue vinyl siding, dark roof and
a stained deck board. The consultants
recommended 10” columns as opposed to 8” columns and a freeze board. They have a waiver for the air conditioning
system.
Mayor Bossart asked where the
system will be located. Mr. Powell said
it is on the right side of the property and will have mews screening. This is the widest lot on the block.
Trustee Karamouzis asked the
measurement from the garage to the property line. Mr. Powell answered 17.9”. The driveway continues to the back of the
house. Trustee Karamouzis asked if he
considered extending the line of the garage all the way back. Mr. Powell said there is an interior staircase
in the garage that goes into the family room.
Trustee Bossart asked the depth of
the porch. Mr. Powell responded 8 ft.
Trustee Krasula asked if the
entire expanse of the driveway will be asphalt, 17 ft. wide. Mr. Powell said he has to have that width at
least to the far side of the garage.
Also, the gate that runs across the back of the driveway has to be there
because there is a pool. Trustee Krasula
asked if it is possible to narrow the driveway up to the porch area and have
more plantings. Mr. Powell said he
envisions two cars parked side-by-side.
Trustee Krasula said he has a little problem with that.
Trustee Joyce commented that
since there are plantings at the end of the Belgian block for that additional
asphalt, he doesn’t think it will be that bad.
Trustee Karamouzis asked if the
pool has been built. Mr. Powell said
yes, it went in first.
Trustee Mulry asked if the center
window is stained glass. Mr. Powell said
yes, there is a stained glass window already in the house and it will be moved
to the center.
On motion by Trustee Karamouzis,
duly seconded by Trustee Krasula and unanimously carried, the Board approved
ACB Case #
Page 204 December
17, 2007
Mayor Bossart adjourned the
Exterior Design Board and reconvened the Regular meeting.
Section 8 Director Debby Chinman
and Housing Coordinator Ruth Katz presented the 2008 Section 8 Annual
Plan. Ms. Chinman said that the plan
consists of financial resource records, governing policies, rent determination
policies, grievance procedures and the management and inspection policies. The plan was sent to the Section 8 Advisory
Board, which did not submit any comments, as well as to the tenants who are
already in the system.
The Section 8 Annual Plan and all
related documents are available at Village Hall for inspection and public
comments for the next forty-five days.
It will be on the agenda for the Board to adopt at a subsequent Board
Meeting.
On motion by Trustee Krasula,
duly seconded by Trustee Joyce and unanimously carried, the Board voted to
close the public hearing on the Section 8 Annual Plan.
Mayor Bossart called for comments
from the Board and the public.
Hearing none, on motion by
Trustee Karamouzis, duly seconded by Trustee Krasula and unanimously carried,
the Board voted to close the public hearing for Bill 9-07.
On motion by Trustee Joyce, duly seconded
by Trustee Mulry and unanimously carried, the Board adopted Local Law 9/2007.
****
Local Law 9 of 2007
A Local Law in Relation to
the Effective Date of Election of Members of Fire Companies.
Section one. Pursuant to the authority vested in the
Board of Trustees pursuant to Municipal Home Rule Law §10(1)(ii)(e)(3), the
Board of Trustees does hereby amend, and supersede, the provisions of New York
Village Law §10-1006(2).
Section
two. The Code of the
“Chapter 24. Fire Department.
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December
17, 2007
§24-1. Election of members of
fire companies. New York Village Law
§10-1006(2) is hereby amended and superseded in the
“2. The board of fire commissioners shall appoint residents of the village as the volunteer members of any newly organized fire company. Thereafter, the fire company may elect other eligible persons, including village officers, as volunteer members. The election shall be pursuant to the by-laws, if any, of the fire company; otherwise, by a three-fourths vote of the members of the fire company present and voting at a regular or special meeting thereof. The membership of any person so elected shall become effective when (a) approved by the Mayor, unless such approval by the Mayor is disapproved by resolution of the board of fire commissioners within thirty days thereafter, or (b) approved by resolution of the board of fire commissioners, whichever shall first occur. Membership shall be deemed to have been approved pursuant to this subdivision in the event that no action is taken by the Mayor or board of fire commissioners within forty days after service of written notice of election to membership shall have been made by the secretary of the fire company upon the village clerk, either personally or by mail.”
Section
three. If any clause, sentence,
paragraph, or section of this local law shall be held invalid by any court of
competent jurisdiction, or the application of this local law to any person or
set of circumstances shall be held invalid, such invalidity or judgment shall
not affect, impair, or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, section, or operation of
this local law directly involved in the controversy in which the judgment shall
have been rendered. To further this end,
the provisions of this local law are hereby declared to be severable.
Section
four. This local law shall take effect
immediately upon adoption and filing pursuant to the Municipal Home Rule
Law.
****
Steve Cabrera of the consulting
firm Dvirka and Bartillucci explained that
Mayor Bossart thanked Steve
Kritsas for reviewing this Bill with the Board at the Briefing Session.
Page 206 December
17, 2007
Hearing no further comments, on
motion by Trustee Krasula, duly seconded by Trustee Joyce and unanimously
carried, the Board voted to close the public hearing on Bill 10-07.
On motion by Trustee Krasula,
duly seconded by Trustee Karamouzis and unanimously carried, the Board
adopted Local Law 10-07.
****
Local Law 10-07
A local law to amend the
Code of the
Section one. The Code of the
“Chapter 286. Storm Water
Management, Erosion and Sediment Control.
§286-1. Findings of Fact. The Board of Trustees of the
A. Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase storm water runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition;
B. This storm water runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species;
C. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;
D. Improper design and construction of storm water management practices can increase the velocity of storm water runoff thereby increasing stream bank erosion and sedimentation;
E. Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;
F. Substantial economic losses can result from these adverse impacts on the waters of the municipality;
G. storm water runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of storm water runoff from land development activities;
H. The regulation of storm water runoff discharges from land development activities in order to control and minimize increases in storm water runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with storm water runoff is in the public interest and will minimize threats to public health and safety;
I. Regulation of land development activities by means of performance standards governing storm water management and site
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December
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design will produce development compatible with the natural
functions of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
§286-2. Purpose. The Village of Rockville Centre has developed a storm water management program for coverage under the New York State Pollution Discharge Elimination System (SPDES) requirements. The purpose of this chapter is to establish minimum storm water management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing with in this jurisdiction and to address the findings of fact in this chapter. This chapter seeks to meet those purposes by achieving the following objectives:
A. Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for storm water Discharges from Municipal Separate storm water Sewer Systems (MS4s), Permit no. GP-02-02 or as amended or revised;
B. Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-02-01 or as amended or revised;
C. Minimize increases in storm water runoff from land development activities in order to reduce flooding, siltation, increases in creek and channel temperature, and bank erosion, and maintain the integrity of creeks and channels;
D. Minimize increases in pollution caused by storm water runoff from land development activities which would otherwise degrade local water quality;
E. Minimize the total annual volume of storm water runoff which flows from any specific site during and following development to the maximum extent practicable; and
F. Reduce storm water runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through storm water management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.
§286-3. Statutory Authority. In accordance with the Municipal Home Rule Law and Village Law of the State of New York, the Board of Trustees (“Board”) of the Village of Rockville Centre (“Village”) has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the Village and for the protection and enhancement of its physical environment. The Board may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law.
§286-4. Applicability. This chapter shall be applicable to all land development activities as defined in this chapter.
§286-5. Storm Water Management Officer Duties and Authority. The Storm Water Management Officer shall accept and review all
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storm water pollution prevention plans and forward such plans to the applicable municipal board. The Storm Water Management Officer may (1) review the plans, (2) upon approval by the Board, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed the fee schedule established by said governing board, or (3) accept the certification of a licensed professional that the plans conform to the requirements of this chapter.
§286-6. All land development activities subject to review and approval by the Planning Board or the Board of Appeals under subdivision, site plan and/or special permit regulations of the Village Code shall be reviewed subject to the standards contained in this chapter.
§286-7. All land development activities not subject to review as stated in section §286-6 shall be required to submit a Storm Water Pollution Prevention Plan (SWPPP) to the Storm Water Management Officer who shall approve the SWPPP if it complies with the requirements of this law.
§286-8. Exemptions. The following activities shall be exempt from review under this chapter:
A. Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility;
B. Repairs to any storm water management practice or facility deemed necessary by the Storm Water Management Officer;
C. Any part of a subdivision if a plat for the subdivision has received final approval on or before the effective date of this law;
D. Land development activities for which a building permit has been approved and issued on or before the effective date of this law.
E. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles;
F. Emergency protective measures immediately or imminently necessary to protect life, property or natural resources;
G. Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that individual and the family members of such individual;
H. Landscaping and horticultural activities in connection with an existing structure or use;
I. Fire fighting activities that produce runoff waters to enter the MS4 or US waters.
§286-9. Definitions. The following terms used in this chapter shall have the meaning set forth in this section:
A. Applicant - a property owner or agent of a property owner who has filed an application for a land development activity;
B. Building - any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area;
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C. Channel - a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water;
D. Clearing - any activity that removes the vegetative surface cover;
E. Dedication - the deliberate appropriation of property by its owner for general public use;
F. Department, or DEC - the New York State Department of Environmental Conservation;
G. Design Manual - the New York State Storm Water Management Design Manual, most recent version including applicable updates, that serves as the official guide for storm water management principles, method s and practices;
H. Developer - a person who undertakes land development activities;
I. EPA – the Environmental Protection Agency
J. Erosion Control Manual - the most recent version of the “New York Standards and Specifications for Erosion and Sediment Control” manual, commonly known as the “Blue Book”;
K. Grading - excavation or fill of material, including the resulting conditions thereof;
L. Impervious Cover - those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc);
M. Industrial Storm Water Permit - a State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial storm water discharges or specifies on-site pollution control strategies;
N. Infiltration - the process of percolating storm water into the subsoil;
O. Jurisdictional Wetland - an area that is
inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support a prevalence of vegetation typically adapted for
life in saturated soil conditions, commonly known as hydrophytic vegetation;
P. Land Development/Redevelopment Activity -
construction activity including clearing, grading, excavating, soil disturbance
or placement of fill that results in land disturbance of equal to or greater
than one acre, or activities disturbing less than one acre of total land area
that is part of a larger common plan of development or sale, even though multiple
separate and distinct land development activities may take place at different
times on different schedules.
Q. Landowner – the legal or beneficial owner of
land, including those holding the right to purchase or lease the land, or any
other person holding proprietary rights in the land.
R. Licensed/Certified Professional – a person
currently licensed to practice engineering in
S. Maintenance Agreement - a legally recorded
document that acts as a property deed restriction, and which provides for
long-term maintenance of storm water management practices.
T. Nonpoint Source Pollution - pollution from
any source other than from any discernible, confined, and discrete conveyances,
and shall include, but not be limited to,
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17, 2007
pollutants from agricultural,
silvicultural, mining, construction, subsurface disposal and urban runoff
sources.
U. NYSDEC – New York State Department of Environmental Conservation.
V. Phasing - clearing a parcel of land in
distinct pieces or parts, with the stabilization of each piece completed before
the clearing of the next.
W. Planning Board – the Village Planning Board
X. Pollutant of Concern - sediment or a water
quality measurement that addresses sediment (such as total suspended solids,
turbidity or siltation) and any other pollutant that has been identified as a
cause of impairment of any water body that will receive a discharge from the
land development activity.
Y. Project - land development activity.
Z. Recharge - the replenishment of underground water reserves.
AA. Sediment Control - measures that prevent eroded sediment from
leaving the site.
BB. Sensitive Areas - cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
CC. SPDES General Permit for Construction
Activities GP-02-01 - A permit under the
New York State Pollutant Discharge Elimination System (SPDES) issued to
developers of construction activities to regulate disturbance of one or more
acres of land.
DD. SPDES General Permit for storm water
Discharges from Municipal Separate storm water Sewer Systems GP-02-02 - A permit under the New York State Pollutant
Discharge Elimination System (SPDES) issued to municipalities to regulate
discharges from municipal separate storm sewers for compliance with EPA
established water quality standards and/or to specify storm water control
standards
EE. Stabilization - the use of practices that prevent exposed soil from
eroding.
FF. Stop Work Order - an order issued which
requires that all construction activity on a site be stopped.
GG. Storm water - rainwater, surface runoff,
snowmelt and drainage
HH. Storm water hotspot - a land use or activity
that generates higher concentrations of hydrocarbons, trace metals or toxicants
than are found in typical storm water runoff, based on monitoring studies.
II. Storm Water Management - the use of structural
or non-structural practices that are designed to reduce storm water runoff and
mitigate its adverse impacts on property, natural resources and the
environment. This shall include the
practices listed on Schedule A included in this chapter.
JJ. Storm Water Management Facility - one or a
series of storm water management practices installed, stabilized and operating
for the purpose of controlling storm water runoff.
KK. Storm Water Management Officer (SMO) - the
Village Superintendent of Public Works (or the person serving in the capacity
of the Superintendent) or the authorized deputies, agents or representatives of
the Superintendent, including employees of Village departments as appropriate,
or other person designated by the Mayor, with the approval of the Board of
Trustees. The SMO is authorized to accept and review storm water
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December
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pollution prevention plans,
forward the plans to the applicable municipal board, inspect storm water
management practices, and exercise the powers and duties specified for such
official in this chapter.
LL. Storm Water Management Practices (SWMPs) -
measures, either structural or nonstructural, that are determined to be the
most effective, practical means of preventing flood damage and preventing or
reducing point source or nonpoint source pollution inputs to storm water runoff
and water bodies.
MM. Storm Water Pollution Prevention Plan (SWPPP)
- a plan for controlling storm water runoff and pollutants from a site during
and after construction activities.
NN. Storm Water Runoff - flow on the surface of the ground, resulting
from precipitation.
OO. Stream Channel – a natural or artificial
watercourse with a definite bed and banks that conducts continuously or
periodically flowing water (see also, Watercourse, Waterway).
PP. Superintendent – the Village Superintendent of
Public Works.
QQ. Surface Waters of the State of New York - lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
RR. Village – the Village of Rockville Centre
SS. Watercourse - a permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
TT. Waterway - a channel that directs surface runoff to a watercourse or to the public storm drain.
UU. Zoning Board of Appeals, or Board of Appeals – the Village Zoning Board of Appeals.
§286-10 Schedule A. Storm Water Management Practices Acceptable For Water Quality.
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§286-11. Storm Water Pollution Prevention Plans. No application for approval of a land development activity shall be reviewed until the appropriate board has received a Storm Water Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications in this chapter.
A. Contents of Storm Water Pollution Prevention Plans. All SWPPPs shall provide the following background information and erosion and sediment controls:
(1) Background information about the scope of the
project, including location, type and size of project.
(2) Site map/construction drawing(s) for the
project, including a general location map. At a minimum, the site map should
show the total site area; all improvements; areas of disturbance; areas that
will not be disturbed; existing vegetation; on-site and adjacent off-site
surface water(s); wetlands and drainage patterns that could be affected by the
construction activity; existing and final slopes; locations of
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off-site
material, waste, borrow or equipment storage areas; and location(s) of the
storm water discharges(s). The site map shall be at a scale no smaller than 1
inch=100 feet;
(3) Description of the soil(s) present at the
site;
(4) Construction phasing plan describing the
intended sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance. Consistent with the New
York Standards and Specifications for Erosion and Sediment Control (Erosion
Control Manual), not more than five (5) acres shall be disturbed at any one
time unless pursuant to an approved SWPPP.
(5) Description of the pollution prevention
measures that will be used to control litter, construction chemicals and
construction debris from becoming a pollutant source in storm water runoff;
(6) Description of construction and waste
materials expected to be stored on-site with updates as appropriate, and a
description of controls to reduce pollutants from these materials including
storage practices to minimize exposure of the materials to storm water, and
spill prevention and response;
(7) Temporary and permanent structural and
vegetative measures to be used for soil stabilization, runoff control and
sediment
control for each stage of the project from initial land clearing and grubbing
to project close-out;
(8) A site map/construction drawing(s) specifying
the location(s), size(s) and length(s) of each erosion and sediment control
practice;
(9) Dimensions, material specifications and
installation details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(10) Temporary practices that will be converted to
permanent control measures;
(11) Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice should remain in place;
(12) Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(13) Name(s) of the receiving water(s);
(14) Delineation of SWPPP implementation
responsibilities for each part of the site;
(15) Description of structural practices designed to
divert flows from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable; and
(16) Any existing data that describes the storm
water runoff at the site.
B. Land development activities meeting one or more of the following conditions shall also include water quantity and water quality controls (post-construction storm water runoff controls) as set forth in this chapter as applicable:
(1) storm water runoff from land development
activities discharging a pollutant of concern to either an
Page 214 December
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impaired
water identified on the Department’s 303(d) list of impaired waters, or Total
Maximum Daily Load (TMDL) designated watershed for which pollutants in storm
water have been identified as a source of the impairment, or
(2) storm water runoff from land development
activities disturbing five (5) or more acres, or
(3) storm water runoff from land development
activity disturbing between one (1) and five (5) acres of land during the
course of the project.
C. SWPPP Requirements. Land development activities meeting one or more of the foregoing conditions:
(1) All information in this chapter;
(2) Description of each post-construction storm
water management practice;
(3) Site map/construction drawing(s) showing the
specific location(s) and size(s) of each post construction storm water
management practice;
(4) Hydrologic and hydraulic analysis for all
structural components of the storm water management system for the applicable
design storms;
(5) Comparison of post-development storm water
runoff conditions with pre-development conditions;
(6) Dimensions, material specifications and
installation details for each post-construction storm water management
practice;
(7) Maintenance schedule to ensure continuous and
effective operation of each post-construction storm water management practice;
(8) Maintenance easements to ensure access to all
storm water management practices at the site for the purpose of inspection and
repair. Easements shall be recorded on the plan and shall remain in effect with
transfer of title to the property;
(9) Inspection and maintenance
agreement binding on all subsequent landowners served by the onsite storm water
management measures in accordance with this chapter.
§286-12. Plan Certification. The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all storm water management practices meet the requirements in this local law.
§286-13. Other Environmental Permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final storm water design plan.
§286-14. Contractor Certification. Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or storm water management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: “I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Storm Water Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards.” The certification must include the name and title of the person providing the signature, address and
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telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. The certification statement(s) shall become part of the SWPPP for the land development activity.
§286-15. SWPPP to be retained on site. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.
§286-16. Performance and Design Criteria for Storm Water Management and Erosion and Sediment Control. All land development activities shall be subject to the following performance and design criteria:
A. Technical Standards. For the purpose of this chapter, the following documents shall serve as the official guides and specifications for storm water management. storm water management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this law:
(1) The New York State Storm Water Management
Design Manual (New York State Department of Environmental Conservation, most
current version or its successor, hereafter referred to as the Design Manual)
(2) New York Standards and Specifications for
Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred to as
the Erosion Control Manual).
§286-17. Water
Quality Standards. No land
development activity shall cause an increase in turbidity that will result in
substantial visible contrast to natural conditions in surface waters of the
state of
§286-18. Maintenance
and Repair During Construction.
A. The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this local law. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by fifty (50) percent.
B. The
applicant or developer or their representative shall be on site at all times
when construction or grading activity takes place and shall inspect and
document the effectiveness of all erosion and sediment control practices.
Inspection reports shall be completed every 7 days and within 24 hours of any
storm event producing 0.5 inches of precipitation or more. The reports shall be
delivered to the Storm Water Management Officer and also copied to the site log
book.
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17, 2007
§286-19. Maintenance
Easement(s). Prior to the
issuance of any approval that has a storm water management facility as one of
the requirements, the applicant or developer must execute a maintenance
easement agreement that shall be binding on all subsequent landowners served by
the storm water management facility. The easement shall provide for access to
the facility at reasonable times for periodic inspection by the Village to
ensure that the facility is maintained in proper working condition to meet
design standards and any other provisions established by this local law. The
easement shall be recorded by the grantor in the office of the
§286-20. Maintenance after Construction. The owner or operator of permanent storm water management practices installed in accordance with this law shall be operated and maintained to achieve the goals of this law. Proper operation and maintenance also includes as a minimum, the following:
A. A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter;
B. Written procedures for operation and maintenance and training new maintenance personnel.
C. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with this chapter.
§286-21. Maintenance
Agreements. The Board shall
approve a formal maintenance agreement for storm water management facilities
binding on all subsequent landowners, which agreement shall be in a form approved
by the Village Attorney, and recorded by the owner in the office of the
A. In lieu of such maintenance agreement, the Board, in its sole discretion, may accept dedication of any existing or future storm water management facility, provided such facility meets all the requirements of this local law and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
§286-22. Subdivisions. The following requirements shall be applicable to subdivisions of property in addition to any other applicable laws, rules or regulations pertaining to subdivisions of property in the Village:
A. Prior to approval of any preliminary subdivision plat, a satisfactory Storm Water Pollution Prevention Plan (SWPPP) consistent with the requirements of this chapter shall be provided. The SWPPP shall meet the performance and design criteria and standards in this chapter. The approved Preliminary Subdivision Plat shall be consistent with the provisions of this chapter.
B. Prior to approval of any final subdivision plat, a Storm Water Pollution Prevention Plan consistent with the requirements of this chapter and with the terms of preliminary plan approval shall be required for Final Subdivision Plat approval. The SWPPP shall meet the performance and design criteria and standards in this chapter. The approved Final
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Subdivision Plat shall be consistent with the provisions of this chapter.
§286-23. Site Plan Approvals. In any case where a site plan approval is
required pursuant to this Code, no such approval shall be granted unless a
Storm Water Pollution Prevention Plan consistent with the requirements of this
chapter has been provided as part of the application for Site Plan Approval.
The
§286-24. Administration and Enforcement. The following provisions for construction inspection, performance
guarantees and bonds, and enforcement are applicable to any project or
development subject to this chapter in addition to the other provisions of this
Code, provided, however, that this section shall not be applicable to the
extent that any other provision of this Code contains a stricter or more
stringent requirement:
A. Inspections.
(1) Erosion and Sediment Control Inspection. The Storm Water Management Officer may
require such inspections as necessary to determine compliance with this law and
may either approve that portion of the work completed or notify the applicant
wherein the work fails to comply with the requirements of this law and the
storm water pollution prevention plan (SWPPP) as approved. To obtain
inspections, the applicant shall notify the Storm Water Management Officer at
least 48 hours before any of the following, as required by the Storm Water
Management Officer:
a. Start of construction
b. Installation of sediment and erosion control measures
c. Completion of site clearing
d. Completion of rough grading
e. Completion of final grading
f. Close of the construction season
g. Completion of final landscaping
h. Successful establishment of landscaping in public
areas.
If any violations are found as a result of any such inspection, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Storm Water Management Officer.
B. Storm Water Management Practice Inspections. The Storm Water Management Officer, is responsible for conducting inspections of storm water management practices (SMPs). All applicants are required to submit “as built” plans for any storm water management practices located on-site after final construction is completed. The plan must show the final design specifications for all storm water management facilities and must be certified by a professional engineer.
C. Inspection of storm water Facilities After
Project Completion. Inspection programs
shall be established on any
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reasonable basis, including but not limited to : routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspect ion of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES storm water perm it; and joint inspections with other agencies inspecting under environmental or safety laws . Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other storm water management practices.
§286-25. Submission of Reports. The Storm Water Management Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this law.
§286-26. Right-of-Entry for Inspection. When any new storm water management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Village, or its designee, the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in this chapter.
§286-27. Construction Completion Guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Village in its approval of the Storm Water Pollution Prevention Plan, the Board may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Village as the beneficiary. The security shall be in an amount to be determined by the Board based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Board, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one year inspection has been conducted and the facilities have been found to be acceptable to the Board. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
§286-28. Maintenance Guarantee. Where storm water management and erosion and sediment control facilities are to be operated and maintained by the developer or by a person or entity that owns or manages a non-residential facility, the developer, prior
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to construction, may be required to provide the Village with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all storm water management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain storm water management and erosion and sediment control facilities, the Village may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
§286-29. Record keeping. Entities subject to this chapter shall maintain records demonstrating compliance with this chapter.
§286-30. Enforcement.
A. Notice of Violation. When the Storm Water Management Officer or other authorized Village official determines that a land development activity is not being carried out in accordance with the requirements of this chapter, such official may issue a written notice of violation to the landowner. The notice of violation shall contain, at a minimum:
(1) the name and address of the landowner,
developer or applicant;
(2) the address when available or a description of
the building, structure or land upon which the violation is occurring;
(3) a statement specifying the nature of the
violation;
(4) a description of the remedial measures
necessary to bring the land development activity into compliance with this
local law and a time schedule for the completion of such remedial action;
(5) a statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of violation is
directed;
(6) a statement that the determination of
violation may be appealed to the Board by filing a written notice of appeal
within fifteen (15) days of service of notice of violation.
B. Stop Work Orders. The Storm Water Management Officer or Code Official may issue a stop work order for violations of this chapter. Persons receiving a stop work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop work order. The stop work order shall be in effect until the official issuing such order, or the Board, confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this local law.
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§286-31. Remedies. In addition to any other remedy or penalty applicable by law, any land development activity that is commenced or is conducted contrary to this local law, may be restrained by injunction or otherwise abated in a manner provided by law.
§286-32. Penalties. Unless a higher or more strict penalty is otherwise provided by law, any person who violates the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding five hundred dollars ($500) or imprisonment for a period not to exceed fifteen (15) days, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, such person shall be punishable by a fine not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1000.00) or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, such person shall be punishable by a fine not less than one thousand dollars ($1000.00) or imprisonment for a period not to exceed six months, or both. Each calendar week in which a violation occurs or continues shall constitute a separate additional violation.
§286-33. Withholding of Certificate of Occupancy. If any building or land development activity is installed or conducted in violation of this chapter, the Storm Water Management Officer or the Code Official may prevent or prohibit the occupancy of said building or land.
§286-34. Restoration of lands. Any person violating any provision of this chapter may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Board may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
§286-35. Fees for Services. Any person undertaking land development activities regulated by this chapter shall pay the fees and costs required pursuant to the Village’s fee regulations, such costs to be paid at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Village or performed by a third party for the Village.”
Section three. If any part of this local law shall be adjudged to be invalid by any court of competent jurisdiction, such judgment shall not affect, impair or invalidate any other part of this local law, or the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, chapter, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Section four. This local law shall take effect immediately upon adoption and filing pursuant to the Municipal Home Rule Law.
****
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December
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Trustee Karamouzis requested that the “Herald” include a notice about it in the paper to notify people of the filing deadline.
On motion by Trustee Krasula, duly seconded by Trustee Joyce and unanimously carried, the Board voted to close the public hearing on Bill #11-07.
On motion by Trustee Krasula, duly seconded by Trustee Karamouzis and unanimously carried, the Board adopted Local Law #11-07.
****
Local Law 11-07
A
local law in relation to property tax exemptions for gold star parents.
Section
one. The Code of the
Ҥ124-11.1. Gold Star Parents. Qualifying residential real property owned by
a Gold Star Parent (i.e. a parent of a child who died in the line of duty while
serving in the armed forces of the United States during a period of war) shall
be eligible for exemption to the extent provided in Real Property Tax law
section 458-a, provided such parent uses such property as his/her primary
residence. Such qualifying residential
real property shall be entitled to the maximum exemption provided for Real
Property Tax Law section 458-a exemptions in the
Section two. If any clause, sentence, paragraph, or
section of this local law shall be held invalid by any court of competent
jurisdiction, or the application of this local law to any person or set of
circumstances shall be held invalid, such invalidity or judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, section, or operation of this
local law directly involved in the controversy in which the judgment shall have
been rendered. To further this end, the
provisions of this local law are hereby declared to be severable.
Section
three. This local law shall take effect
immediately upon adoption and filing pursuant to the Municipal Home Rule
Law.
****
Page 222 December
17, 2007
On motion by Trustee Karamouzis,
duly seconded by Trustee Mulry and unanimously carried, the Board approved
a two-year agreement with Claims Service Bureau to administer the
Village’s general liability self-insurance program for the period January 1,
2008 through December 31, 2009 for an annual fee and hourly
rate of $10,000 and $62.00, respectively.
Trustee Mulry moved to approve
the New York State Power Authority Economic Development Program. Trustee Karamouzis seconded the motion. Mayor Bossart and Trustees Mulry, Karamouzis
and Joyce voted aye. Trustee Krasula
voted nay. The Program was approved
by a vote of 4-1.
On motion by Trustee Krasula,
duly seconded by Trustee Joyce and unanimously carried, the Board approved
a professional services contract with Duncan, Weinberg, Genzer &
Pembroke, PC to provide legal consultation in relation to the Title
V Air Permit for a cost not to exceed $15,000.
On motion by Trustee Krasula,
duly seconded by Trustee Joyce and unanimously carried, the Board approved
a professional services contract with Dynalytics Corp. to provide
environmental consultation in relation to the Title V Air
Permit for a cost not to exceed $18,000.
On motion by Trustee Joyce, duly seconded by Trustee Mulry and
unanimously carried, the Board adopted a resolution authorizing
the Mayor to sign legal documents. Mayor Bossart and Trustees Mulry, Karamouzis,
Joyce and Krasula voted aye.
****
R E S
O L U T I O N
Resolution for Authority to Sign Legal Documents
I,
_________________________________________, the duly qualified and acting Clerk
of the Incorporated Village of
Rockville Centre, do
hereby certify that the following resolution was adopted at a meeting of the
Village Board of Trustees (the Village’s governing body) held on December 17,
2007, is incorporated in the original minutes of said meeting and is on file
and of record, and that said resolution has not been altered, amended or
revoked and is in full force and effect.
RESOLVED:
That Mary W. Bossart, as Mayor of the
****
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December
17, 2007
OLD BUSINESS
Trustee Krasula reintroduced the
issue of public notification of the exterior design reviews. The Board had decided to discuss this in more
depth tonight. Trustee Krasula said that
since these hearings are noticed on the website and the access channel, and
there is no legal requirement to publish a legal notice, he thought the Village
could save that expense and just post it in the upcoming events column of the
“Herald”. Trustee Mulry agreed that the
Village website does provide notice of all upcoming meetings and hearings. She thinks the most important notice is to be
provided to the neighbors who are going to be affected by the
construction. The certified mail is a
two-step process, and very often the recipient does not get it in time for the
hearing. She said that Trustee Krasula
advised the Board that the Post Office has a service that could provide proof
of delivery which might be more convenient and less expensive. Trustee Mulry would also like to see a line
of sight requirement for the notice.
Trustee Krasula added that the delivery confirmation is actually a bar
code that the postal worker scans, indicating the piece of mail was delivered. Mayor Bossart called for comments from the
public and suggested that since there were not many people present this matter
can be brought up for further consideration at the January 14th
meeting.
On motion by Trustee Krasula,
duly seconded by Trustee Mulry and unanimously carried, the Board approved
the Minutes of the Executive Session of November 19th,
the Executive Session of November 12th, the Executive
Session of November 15th, the Executive Session of
November 16th, the Executive Session of November 20th,
and the Briefing Session and Regular Meeting of November 26,
2007.
BIDDERS QUOTED PRICE
Capitol Restoration Corp. $254,880.00
Boccia Inc. 426,257.50
The following companies did not
respond: Climax Enterprises Inc.,
Ferrandino & Son, LaRoma Construction Corp.,
On motion by Trustee Karamouzis,
duly seconded by Trustee Joyce and unanimously carried, the Board voted
to reject all bids, as the bids came in over budget. Specifications for this project will be
revised and rebid at a later date.
Page 224 December
17, 2007
the Purchasing Department on
November 21, 2007, with the following results:
BIDDER QUOTED LEASE PRICE (5
YEARS)
Long
The following companies did not
respond: Malvese and Trius Inc.
After negotiations with the sole
bidder, Long Island Sanitation, they agreed to lower the monthly rate to
$2,851.90.
On motion by Trustee Joyce, duly
seconded by Trustee Karamouzis and unanimously carried the Board awarded
the bid to the sole bidder, namely Long Island Sanitation for a total
expenditure not to exceed $171,114.00.
This concluded the business
portion of the meeting. For a verbatim
record of the meeting, please refer to the video.
On motion by Trustee Karamouzis,
duly seconded by Trustee Krasula and unanimously carried, the meeting adjourned
at 10:40 p.m.
_____________________________
Michael Schussheim
/mfd
Page 196 December
13, 2007
Rockville Centre , New
York
The Board of Trustees held a
public Briefing Session on the evening of the above date in the Mayor’s office
at Village Hall. The meeting was called
to order at 7:00 p.m.
PRESENT: Mayor Mary Bossart, Trustees Jeanne Farnan
Mulry, Andrew P. Karamouzis, Charles R. Joyce and David A. Krasula.
ABSENT: None.
ALSO
PRESENT:
The Board reviewed and discussed
the agenda for the Regular Meeting without taking action.
On motion by Trustee Karamouzis,
duly seconded by Trustee Krasula and unanimously carried, the Board voted to
convene in executive session to discuss pending litigation as well as personnel
issues. After discussion, the Board
returned to public session and the meeting was adjourned at 10:25 p.m.
Page
195
December
5, 2007
Rockville Centre , New
York
The
Board of Trustees met at 5:00 p.m. on the above date in the Mayor’s office at
Village Hall.
PRESENT: Mayor
Mary W. Bossart, Trustees Jeanne Farnan Mulry, Andrew P. Karamouzis, Charles R.
Joyce and David A. Krasula.
ABSENT: None.
ALSO PRESENT: Acting Village
On
motion by Trustee Mulry, duly seconded by Trustee Krasula and adopted
unanimously, the Board voted to convene in executive session to discuss legal
matters and pending litigation. After
discussion, the Board returned to public session and the meeting was adjourned
at 5:55 p.m.
AGENDA
INC. VILLAGE OF ROCKVILLE CENTRE
BOARD OF TRUSTEES
DECEMBER 17, 2007
________________________________
I. PLEDGE OF ALLEGIANCE
II. APPOINTMENTS
III. SPECIAL PUBLIC COMMENT (30 Minutes)
IV. EXTERIOR DESIGN REVIEW
1.
V. PUBLIC
HEARINGS
1. Section 8 CY 2008 Annual Plan
2. Bill 9-07 – Amend Code in Relation to Effective Date of
Election of Members of the Fire Department
3. Bill 10-07 – Amend Code in Relation to Storm Water Management,
Erosion and Sediment Control
4. Bill 11-07 – Amend Code in Relation to Property Tax Exemptions
for Gold Star Parents
- 2 –
VI. ACTION
1. Approval
- Two-year Agreement with Claims
Service Bureau to Administer the General Liability Self
Insurance Program for the Period January 1, 2008
through December 31, 2009
2. Approval
-
3. Approval
- Professional Services Contract with
Duncan, Weinberg, Genzer & Pembroke, PC to Provide
Legal Consultation in Relation to the Title V Air
Permit – Total Cost not to Exceed $15,000
4. Approval
- Professional Services Contract with
Dynalytics Corp. to Provide Environmental Consultation in
Relation to the Title V Air Permit
Total Cost not to Exceed $18,000
5. Approval
- Resolution Granting Mayor Authority
to Sign Legal Documents
VII.
OLD BUSINESSS
VIII. NEW BUSINESS
IX.
MINUTES
1. Executive Session ------------------ November 9, 2007
2. Executive Session ------------------ November
12, 2007
3. Executive Session ------------------ November 15, 2007
- 3 –
4. Executive Session ------------------ November 16, 2007
5. Executive Session ------------------ November 20, 2007
6. Briefing Session ------------------- November 26, 2007
7. Regular Meeting -------------------- November 26, 2007
X. BIDS
1. Exterior Renovations for Village Hall –
Rejection
2. Street Sweeper Lease
XI. MAYOR BOSSART
XII.ANNOUNCEMENTS
1. Wed., Dec.
19th 9:00 A.M. Auditors’
Report to
Board
of Trustees
2. Thurs.,
Dec. 20th 11:45 A.M. Intergenerational
Holiday Party @
3. December
24th -January 2nd
4. Tuesday,
December 25th Christmas
Day
Village
Offices Closed
5. Tuesday,
January 1st New Year’s
Day
Village
Offices Closed
6. Friday,
January 4th 1:00 PM Happy
2008 Party
@
7. Sun.,
January 6th 12:30-2 PM Hispanic
Brotherhood Children’s Christmas
Party
@
8. Wed.,
January 9th 8:00 PM Zoning
Board of Appeals
9. Thurs.,
January 10th 7:00 PM Briefing
Session
10. Mon.,
January 14th 8:15 PM Board
of Trustees
- 4 –
XIII.BOARD
OF TRUSTEES
1.
Trustee Mulry
2.
Trustee Karamouzis
3.
Trustee Joyce
4.
Trustee Krasula
XIV. PRIVILEGE OF THE FLOOR
BRIEFING SESSION
DECEMBER 13, 2007
****
A. BUILDING DEPARTMENT:
1. Public Notice of Exterior Design Reviews
B. COMMUNITY DEVELOPMENT:
C. DEPUTY VILLAGE ADMINISTRATOR/COMPTROLLER:
1. Independent Auditors’ Report
D. INFORMATION TECHNOLOGY:
E. LEGAL DEPARTMENT:
1. Discussion
- Bill 4C-07 – Amend the Code in
Relation to Permitted Multi-family Uses and Height Restrictions in
the Business C and C2 Districts
2. Discussion
- Air Conditioning Legislation
F. MARTIN LUTHER KING:
G. PARKS & RECREATION:
H. POLICE DEPARTMENT:
I. PUBLIC UTILITIES - ELECTRIC:
- 2 –
J. PUBLIC UTILITIES - WATER:
K. PUBLIC WORKS:
L. PURCHASING DEPARTMENT:
M.
N. EMPLOYEE DEVELOPMENT:
O. DEPUTY VILLAGE ADMINISTRATOR/VILLAGE
ENGINEER:
P. VILLAGE ADMINISTRATOR:
Q. MAYOR/BOARD OF TRUSTEES:
1. Taping of Planning Board Meetings
EXECUTIVE SESSION
1. Landscaper’s services at 911 Memorial (MWB)
2. Village Resident C.W. (MWB)
3. Village Administrator Position (MWB)
4. Churchill’s
5. Discussions (MWB)
-
Salary (MS)
-
Contract (JMcK)
BRIEFING SESSION
DECEMBER 17, 2007
*** 7:45 P.M. ***
1. Presentation by
*** REMINDER ***
BOARD PHOTOS
DECEMBER 17TH @ 7:30 P.M.