Notice of Meeting s11

February 26, 2013

NOTICE OF MEETING

Notice is hereby given that the Village of Spring Valley will meet in the Village Hall, Senator Gene Levy Municipal Plaza, 200 North Main Street, Spring Valley, New York on Tuesday, February 26th, 2013 at 8:00 p.m.

Sherry M. Scott

Village Clerk

Dated: Spring Valley, New York

February 15th, 2013

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BOARD OF TRUSTEES

SPRING VALLEY, NEW YORK

The Board of Trustees of the Village of Spring Valley convened in regular session pursuant to adjournment of the Special Meeting of February 25, 2013.

A Roll Call being taken, the following were present and answered to their names:

Noramie F. Jasmin Mayor

Joseph A. Desmaret Deputy Mayor

Anthony Leon Trustee

Joseph Gross Trustee

Demeza Delhomme Trustee

Kevin T. Conway Village Attorney

Sherry M. Scott Village Clerk

Trustee Delhomme led the assembly in the salute to the flag.

The invocation was delivered by Deputy Mayor Desmaret.

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Referral No. 2058

RESOLUTION NO. 95 OF 2013

APPROVING MINUTES OF

FEBRUARY 13, 2013

Trustee Delhomme offered the following resolution, which was seconded by Deputy Mayor Desmaret and unanimously adopted:

RESOLVED, that the transcribed minutes of the Village of Spring Valley meeting held on February 13, 2013 as recorded by the Clerk and presented to the Board are hereby adopted.

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Referral No. 2059

RESOLUTION NO. 96 OF 2013

OPEN PUBLIC PARTICIPATION

Deputy Mayor Desmaret offered the following resolution, which was seconded by Trustee Delhomme and unanimously adopted:

WHEREAS, the public participation portion of the meeting is opened; and, therefore, it is hereby

RESOLVED, that the following persons appeared to address the Board and participate in this portion of the meeting.

Debate:

Mrs. Aron Herzog – 3 Stetner Street, Spring Valley, NY

We were told at the Zoning Board Meeting, that they don’t give proof that Bluefield Gardens, such as the Planning Board (Inaudible).

Mayor Jasmin

Am sorry, can everyone hear her. Please try to speak a little bit louder.

Mrs. Aron Herzog

I came to the Planning Board and they did not have this on file (inaudible). They said that we should wait for the Planning Board. We went to the Planning Board and they said that it had to go to the ZBA for a permit. We were at the Planning Board, they did not show us the site plans. (Inaudible)

Trustee Delhomme

Madam Mayor, can I. I do not understand her. Your question is that you worry about that? You’re worried about Bluefield Gardens?

Mrs. Aron Herzog

Yes.

Trustee Delhomme

That they will not follow the rules?

Mrs. Aron Herzog

We went to one Board (Inaudible) the next Board said no, it’s way too late.

Trustee Delhomme

Okay, this is the answer to this. By the way I am the Trustee in charge of infrastructure, so you’re talking to the right person. When the Board of Trustees votes to approve a blueprint, the scope of the blueprint, we accept it and it has to follow. They cannot go around it, if they go around it that building would be illegal. They are going to follow everything. If they made a promise to the Board of Trustees on the record that they are going to do that; they are going to put trees, they are going to put this, they are going to put that, they will put it, trust me. I will look out and say you missed this one. So if this is what you are worried about that they are not going to follow it, I can assure you, don’t you worry, it will be followed. The blueprint will be followed.

Mrs. Aron Herzog

I am worried that it is not going to be followed.

Trustee Delhomme

No, no, no, this is the taping, it is recorded. We have a Secretary, the Clerk of the Village, she is responsible for that, she takes notes anything you need, you can go to the Clerk’s office and you will receive these things. You don’t have to worry, if that is what you’re worried about. The Board of Trustees have made a decision and we are in charge of the Village of Spring Valley. We made the decision, this is what we want and that’s what’s going to be. The Mayor is going to make sure that happens.

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Referral No. 2059

RESOLUTION NO. 97 OF 2013

CLOSE PUBLIC PARTICIPATION

Deputy Mayor Desmaret offered the following resolution, which was seconded by Trustee Delhomme and unanimously adopted:

WHEREAS, the Village Board of Trustees closed the public participation portion of the meeting; now, therefore, it is hereby

RESOLVED, that the public participation portion of the meeting is hereby closed.

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Referral No. 2028

RESOLUTION NO. 98 OF 2013

ESTABLISH THE POSITION OF CLERK-TYPIST,

PART TIME, DEPARTMENT OF PARKS & RECREATION

(2 POSITIONS)

Deputy Mayor Desmaret offered the following resolution, which was seconded by Trustee Gross and unanimously adopted.

WHEREAS, the position of Clerk-Typist, Part Time, has been created in the Department of Parks and Recreation; and

WHEREAS, Mayor Jasmin is requesting that the position of Clerk-Typist, Part Time, be established in accordance with civil service law and rules; and

WHEREAS, such request requires the approval of the Village of Spring Valley Board of Trustees; now, therefore, it is hereby

RESOLVED, that the Village of Spring Valley Board of Trustees hereby approve the request to establish the position of Clerk-Typist, Part Time, in the Department of Parks & Recreation, at a salary of $15.25 per hour (two positions).

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Referral No. 2043

RESOLUTION NO. 99 OF 2013

APPROVE THE REQUEST FROM THE VILLAGE CLERK

FOR MARSHLEY LEROY, OFFICE SERVICES AIDE

TO ATTEND THE ROCKLAND COUNTY

POLICE & SAFETY ACADEMY

Trustee Delhomme offered the following resolution, which was seconded by Trustee Gross Board and unanimously adopted:

WHEREAS, the Village Clerk has requested permission for Marshley Leroy, Office Services Aide, to attend the Rockland County Police & Public Safety Academy; and

WHEREAS, the class will run from March 14th through graduation on May 23, 2013 from 7:00 p.m. – 10:00 p.m.; and

WHEREAS, all classes will be held on Thursday evenings; and

WHEREAS, such request requires the approval of the Village of Spring Valley Board of Trustees; now, therefore, it is hereby

RESOLVED, that the Village of Spring Valley Board of Trustees hereby approves the request from the Village Clerk for Marshley Leroy, Office Services Aide, to attend the Rockland County Police & Public Safety Academy, March 14th through graduation on May 23, 2013 from 7:00 p.m. – 10:00 p.m. on Thursday evenings, at no cost to the Village.

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Referral No. 2056

RESOLUTION NO. 100 OF 2013

APPROVAL OF THE REQUEST FROM

THE SPRING VALLEY BRANCH, NAACP FOR ASSISTANCE

WITH THE YOUTH COUNCIL AND THE BRANCH

Trustee Delhomme offered the following resolution, which was seconded by the entire Board and unanimously adopted:

WHEREAS, the Spring Valley NAACP continues to work towards increased awareness of agencies/services that available to address economic, legal, health and civil rights issues in the community through advocacy efforts for women, people of color and low socio-economic persons, senior citizens and youth; and

WHEREAS, the Spring Valley NAACP is actively involved with the Youth Council, mentors and provides, through collaboration with community organizations, special events to meet the needs and ongoing development of our youth and the needs of the senior population; and

WHEREAS, Spring Valley Branch NAACP has requested assistance with the Youth Council and the Branch in the amount of $2,000.00; and

WHEREAS, it is necessary for the Village of Spring Valley, Board of Trustees to approve the request; now, therefore, it is hereby

RESOLVED, that the Village of Spring Valley Board of Trustees approves the request from the Spring Valley NAACP to assistance with the Youth Council and the Branch in the amount of $2,000.00.

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Referral No. 2030

RESOLUTION NO. 101 OF 2013

AUTHORIZING PAYMENT OF BILLS

FOR THE VILLAGE OF SPRING VALLEY

Deputy Mayor Desmaret offered the following resolution, which was seconded by Trustee Delhomme and unanimously adopted:

WHEREAS, the Village of Spring Valley through its various departments had made certain expenditures pursuant to the appropriations contained in the Village of Spring Valley 2012/2013 adopted budget; and

WHEREAS, Mayor Noramie Jasmin and the members of the Village of Spring Valley Board of Trustees have reviewed bills to be paid reflecting such expenditures; and

WHEREAS, such payments require the approval of the Village of Spring Valley Board of Trustees; now, therefore, it is hereby

RESOLVED, that the Village of Spring Valley Board of Trustees hereby approves the payment of the bills of the Village of Spring Valley set forth below and authorizes the Treasurer of the Village of Spring Valley to pay such bills.

APPROVAL OF ABSTRACTS

DATE: February 26, 2013

GENERAL ABSTRACT #2012/37

Amount $434,766.65 Claim #56026676 thru 56026793

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Referral No. 2030

RESOLUTION NO. 102 OF 2013

AUTHORIZING PAYMENT OF BILLS

FOR THE VILLAGE OF SPRING VALLEY

(APPROVAL OF POST AUDIT)

Deputy Mayor Desmaret offered the following resolution, which was seconded by Trustee Delhomme and unanimously adopted:

Whereas, the Village of Spring Valley through its various departments had made certain expenditures pursuant to the appropriations contained in the Village of Spring Valley 2012/2013 adopted budget; and

WHEREAS, Mayor Noramie Jasmin and the members of the Village of Spring Valley Board of Trustees have reviewed bills to be paid reflecting such expenditures; and

WHEREAS, such payments require the approval of the Village of Spring Valley Board of Trustees; now, therefore, it is hereby

POST AUDITED GENERAL ABSTRACT #2012/19

DATED: February 26, 2013

Amount $712,757.88 Claim #56026681 thru #56026791

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The Village Clerk read the following notice

LEGAL NOTICE OF PUBLIC HEARING

VILLAGE OF SPRING VALLEY

VILLAGE BOARD

NOTICE IS HEREBY GIVEN that a public hearing will be held by the Village Board of the Village of Spring Valley, 200 North Main Street, Spring Valley, New York 10977 that on the 26th day of February, 2012 at 8:15 p.m. to consider the following matter:

Amendment of Local Law #1 of 2013, Schedule of Fees, Special Permit.

The Board, at the aforementioned time and place, will hear all persons in support of the application(s) and all objections thereto. Applicants must appear in person or by a representative. Letters in favor or opposed to the applications will be accepted if they are received prior to the time of the hearing. Applications are available for review at the Village Clerk’s office during normal business hours (8:30 a.m. to 4:30 p.m.), Monday through Friday, exclusive of legal holidays.

Dated: Spring Valley, New York Sherry M. Scott

February 15, 2013 Village Clerk

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Referral No. 2050

RESOLUTION NO. 103 OF 2013

OPEN PUBLIC HEARING

AMENDMENT OF LOCAL LAW #1 OF 2013

SCHEDULE OF FEES, SPECIAL PERMIT

Deputy Mayor Desmaret offered the following resolution, which was seconded by Trustee Delhomme and unanimously adopted:

RESOLVED, that the public hearing to amend Local Law #1 of 2013, is hereby open.

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Referral No. 2050

RESOLUTION NO. 104 OF 2013

CLOSE PUBLIC HEARING

AMENDMENT OF LOCAL LAW #1 OF 2013

SCHEDULE OF FEES, SPECIAL PERMITS

Deputy Mayor Desmaret offered the following resolution, which was seconded by Trustee Gross and unanimously adopted:

WHEREAS, there were no speakers on the Public Hearing; now, therefore, it is hereby

RESOLVED, that the Public Hearing to amend Local Law #1 of 2013, Schedule of Fees, Special Permits, is hereby closed.

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RESOLUTION NO. 105 OF 2013

ADOPTION OF LOCAL LAW NO. 2 OF 2013

AMENDMENT OF LOCAL LAW #1 OF 2013

SCHEDULE OF FEES, SPECIAL PERMITS

(CORRECTION OF SQUARE YARDS TO SQUARE FEET)

Deputy Mayor Desmaret offered the following Local Law, which was seconded by Trustee Delhomme and unanimously adopted:

A Local Law to amend Chapter 118 Fees.

Be it enacted by the Board of Trustees of the Village of Spring Valley, County of Rockland, State of New York that the code of the Village of Spring Valley is hereby amended by adding the language set forth below to Chapter 118 fees.

Purpose and Findings

The Village Board of Trustees finds that Chapter 118-4 Schedule of Fees needs to be amended to increase the fees concerning Street and Sidewalk and bring the charges into conformity with other charges set forth in the code and to set forth the time period for the Village to retain bonds required filed in connection with excavation, sidewalk and curb cuts. The Board further finds that the fees for special permits should be amended as set forth hereinafter.

CHAPTER 118- Fees

SECTION 1.

§118-4 D Applications to the Building Inspector (12) Chapter 229, Streets and Sidewalks

(a) Excavation operations.

[1] No excavation shall be made in any street or sidewalk unless a permit is first obtained from the Building Inspector for which a fee of $150 shall be paid by the applicant. In addition to the permit fee, the sum of $75 shall be paid to the Village for such excavation measuring not more than [25] 27 cubic feet, plus $0.50 for every cubic foot over [25] 27 cubic feet.

[2] All applicants shall, in addition to obtaining a permit, post a bond of $300 per cubic yard for the faithful performance of the work. This bond shall be for a one year period following the completion of the work.

(b) Sidewalk Repair.

It shall be unlawful for any person to repair, excavate or remove any portion of any sidewalk within the Village of Spring Valley unless a permit fee therefor has been issued by the Building Inspector. The fees for said permits shall be as follows:

[1] For work encompassing [12] 9 [linear feet] square feet or less: [$75] $100.

[2] For work encompassing more than [12 linear feet] 9 square feet; [$75] $100 plus [5% of the cost of construction or repair] 0.50 cents per square foot.

]3] All applicants shall, in addition to obtaining a permit, post a bond equal to $15.00 per square yard excavated or removed for the faithful performance of the work. This bond shall be for a one year period following the completion of the work.