Board of Trustees of the Village of Walden Regular Meeting Tuesday, December llth, 2001 at 6:30 p.m. One Municipal Square The Agenda 1. Call to Order / Pledge of Allegiance 2. Roll Call 3. Proclamations - Walden Local Development Corp. Army Corp. of Engineers 4. Approval of Minutes 1 : Meeting November 27, 200 1 5. Public Comment 6. Business of the Board of Trustees a. 1 : Payment of Audited Bills 2: Resolution No. 14-01-02 - Orange County Recreation Grant 3: Maplebrook Subdivision Status 4: Freedom Road Bible Church Request A. Z)»C«*MOM J*«»3 1 : Gerald Jacobowitz - Walden View Apartments c. 1 : Alan Sorensen - Downtown Revitalization Strategy 7. Miscellaneous Comments by Board Members 8. Attorney / Client 9 . Adjournment Village of Walden Board of Trustees Meeting December 11,2001 Mayor Rocco Pellegrino called the regular meeting of the Village of Walden Board of Trustees to order at 6:30 P.M. On roll call Mayor Rocco Pellegrino, Deputy Mayor Roy Wynkoop, Trustees Mary Jean Norman, Richard Hurd, Bill Meisel, Craig Maslik and Conrad Flickenschild were present. Village Manager James Politi, Village Clerk Nancy Mitchell and Village Attorney Kevin Dowd were also present. Approval of Minutes Trustee Flickenschild moved to adopt the minutes of November 27,2001. Seconded by Trustee Norman. All ayes. Motion carried. Public Comment Becky Pearson, 167 Walnut Street asked if the signs around the monument were coming down or staying up? Manager Politi advised her that they are coming down. Bill Kiman, 47 Walker Street indicated that the zoning board approved building lots at the top of Walker Street and Center Street, which were existing lots with no street frontage. He believes the Village Law states that you shouldn't be able to build on a lot without street frontage. He thinks this is a bad precedent to be setting. He would like the trustees and village manager to look into this. Jessica Metzger 82 Wait Street inquired about the stop signs on Highland Avenue. Manager Politi advised her that they will be put up. Frank Power 175 South Montgomery Street stated that he would like the village to take a look at the Hecht property. They are dumping dirt and they have a storage shed there. Manager Politi indicated that he will follow up on this. Page-1- Lori Keator, 29 Rifton Place asked for an update on 50-52 South Montgomery Street. Manager Politi stated that the time is not up yet. They are moving along. Becky Pearson stated that she doesn't think the rail trail should be paved because people are moving here from the city and they are trying to get away from black top and macadam. It's so much prettier not to have it black topped. From New Paltz down it's not black topped. She asked if the board felt it should or shouldn't be black topped? Mayor Pellegrino stated that he and Trustee Flickenschild walked the trail today. He also indicated that acquiring the grant calls for the trail to be black topped. There are some steep inclines that will need fencing. Lisa Melville indicated that there are lots of other things besides paving. Frank Ciliberto stated that when the houses were built on Berwick Avenue the developer destroyed his property. They promised to drop off top soil and to this date nothing has been done. Mrs. Reggero stated that she is trying to build her house and she has a question regarding the service line and no one will return her phone call. This has nothing to do with the law suit. She needs to know if there is a problem on her property. She also needs to know what the village found out when the videoed the line. Manager Politi asked Mrs. Reggero to call him tomorrow. Presentation Mayor Pellegrino presented Derrick Wynkoop, representative of the Walden Local Development Corporation with a certificate for the efforts in planning, designing and building the children's playground at Wooster Grove. Payment of Audited Bills Trustee Wynkoop moved to pay the audited bills of December 11,2001. Seconded by Trustee Norman. All ayes. Motion carried. Resolution No. 14-01-02, Authorizing the Village Manager to Submit a Grant to the Orange County Municipal Parks Planning Advisory Board Trustee Flickenschild moved to adopt Resolution No. 14-01-02, Authorizing the Village Manager to Submit a Grant to the Orange County Municipal Parks Planning Advisory Board. Seconded by Trustee Maslik. All ayes. Resolution adopted. Page-2- Maplebrook Subdivision Status Manager Politi advised the Board that the engineer has estimated that it will cost $106,405.00 to complete the work at Maplebrook Subdivision and the developer has agreed to pay this to the Village and the Village will finish the work. Trustee Flickenschild indicated that he has difficulty removing the money for the trees. Manager Politi explained that they were trying to come to an agreement on the number, what they had available in the corporation as opposed to what was needed to complete the project. Since the neighborhood has been there awhile their landscaping is pretty far along. We thought if we took that number out we'd get closer to what they were offering. Trustee Flickenschild asked what kind of a bond were they required to put up? Mr. Dowd stated that there is a performance bond of $200,000.00 that is still in effect. What would happen is if they did not complete the project you would begin proceedings against the bonds and where ever that took you the bonding company would come in and finish it or you would end up in litigation, suing the developer and the bond company. They have proposed that if we give them back the bond they will give us this cash and the village will be able to finish whatever has to be done in the subdivision minus the street trees. They want to be out of this all together. Its been going on so long that they have lost money on this project. The way they get out is by giving the village the money and saying they don't want anymore responsibility. Trustee Meisel asked if this will cost the village any money? Manager Politi stated its not going to cost us anything. Trustee Meisel asked if in the future can the village choose not to deal with a bonding company that so loosely finances obligations? Mr. Dowd stated that was a very unusual situation with this bonding company. Most bonding companies don't go belly up and most bonding companies aren't willing to come into the project and complete them. You end up fighting in court. Trustee Wynkoop indicated that these people have been waiting a long time for their streets to be finished and their storm sewers finished. Mr. Dowd explained that one of the alternatives would be to enact a law that would require them to put up bonds in the form of letters of credit or cash. Page-3- Village of Walden Board of Trustees Meeting December 11,2001 Trustee Flickenschild moved to authorize the work to be done at Maplebrook Subdivision by the village at a cost to the developer of $120,000. Seconded by Trustee Maslik. On roll call Trustee Flickenschild voted yes. Trustees Norman, Hurd, Meisel, Maslik, Wynkoop and Mayor Pellegrino voted no. Motion defeated. Trustee Wynkoop moved to authorize the work to be done at Maplebrook Subdivision by the village at a cost to the developer of $106,000.00. Seconded by Trustee Norman. On roll call Trustees Norman, Wynkoop, Hurd, Meisel, Maslik and Mayor Pellegrino voted yes. Trustee Flickenschild voted no. Motion carried. Freedom Road Bible Church Request Trustee Flickenschild moved to permit the Freedom Road Bible Church to sing and play Christmas Carols in the Municipal Square on Saturday evening December 22,2001 from 5:00 - 7:00 P.M. Seconded by Trustee Meisel. All ayes. Motion carried. Downtown Revitalization Strategy Alan Sorensen presented his downtown strategy report. Trustee Flickenschild indicated that there's been some substantial grant money that has been applied for as a result of the work Mr. Sorensen has done. Attorney/Client Trustee Flickenschild moved to adjourn for Attorney/Client privileges. Seconded by Trustee Meisel. All ayes. Motion carried. Trustee Flickenschild moved to reconvene the regular meeting. Seconded by Trustee Meisel. All ayes. Meeting reconvened. Adjournment Trustee Flickenschild moved to adjourn. Seconded by Trustee Meisel. All ayes. Meeting adjourned. Respectfully submitted, Nancy Mitchell Page-4- Village Clerk Resolution No. 14-01 -02 Authorizing the Village Manager to Submit a Grant to the Orange County Municipal Parks Planning Advisory Board WHEREAS, the County of Orange has formed The Orange County Municipal Parks Planning Advisory Board, and WHEREAS, The Orange County Municipal Parks Planning Advisory Board wishes to provide funds for municipal park projects. NOW, THEREFORE BE IT RESOLVED that the Village of Walden Board of Trustees does hereby authorize the Village Manager to submit an application to the Orange County Municipal Parks Planning Advisory Board on behalf of the Village of Walden. Motion to adopt by Trustee Flickenschild and seconded by Trustee Maslik. The Mayor declared the resolution adopted on December 1l'\ 2001 after a vote of seven (7) ayes to zero (0) nays with zero (0) abstentions. CERTIFICATE The foregoing is a true and complete copy of a resolution adopted by the Board of Trustees of the Village of Walden at a meeting held on December 11, 2001. Public notice was given and the meeting was conducted in full compliance with the Ne York Open Meeting Law (Public Officers Law, Section 100-111.