Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, NOVEMBER 18, 2008 – 7:30 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY MINUTES 1. Call To Order 2. Pledge of Allegiance 3. Mayor’s Report 4. Trustees’ Reports 5. Village Administrator’s Report Approximate 6. Public Comment Starting Time # Agenda Items: of Discussion Reports 7:45 p.m. 7. Farmer’s Market Report by Miriam Haas of Community Markets Presented 8. Open Spaces (Purchase of trash /recycling cans, benches, picnic Discussed tables & bike racks; business Façade improvements). 9. Flooding (Westchester County Flood Action Task Force, Engineer Discussed Project Bid, etc.). 10. Environmental issues. Discussed 11. Development (Site Plan Review Revision, Pelham Medical Discussed Group/Lordae, Commercial Zoning Review Committee). 12. Human Resources & Administration, incl. Dept. Risk Assessments. Discussed Parks and Open Space 8:15 p.m. 13 Discussion of Pelhamwood Park – preliminary discussion of Discussed converting the former B & W property into a Park. Human Resources 8:45 p.m. 14. Authorizing the completion of probation for a Fire Lieutenant. Approved 15. Accepting the resignation of Police Officer Artola. Approved Business 9:00 p.m. Resolution authorizing the village-wide bagging of meters on Approved 16. Friday, Dec. 12, 2008, and establishing policy for future meter bagging for “free parking” in the Downtown during the holidays. 17. Resolution authorizing the sale of a 1997 Chevy Blazer to the Approved highest bidder. Public Hearings 9:15 p.m. 18. Continued Public Hearing on a proposed draft Franchise Continued Agreement between the Village and Verizon for FIOS TV. Continued Public Hearing and planned adoption of a proposed Approved 19. amendment to Village Code Chapter 90-16 B. creating Hardship Overnight Parking Exemption Permits for handicapped drivers. 20. Hearing and planned approval of a draft local law to amend Village Approved Code Chapter 82 Solid Waste to expand the recyclable paper list. Housekeeping 9:30 p.m. 21. Authorizing the Accounts Payable Approved 22. Other Business Discussed 23. Minutes: Sept. 9, Sept. 23, Oct. 7, Oct. 21 and Nov. 5, 2008. Approved, Approved September 9, and 23 minutes. partial 24. Adjournment Adjourned Next Scheduled Board Meetings are Tuesdays December 2, and December 16, 2008. * All meetings start at 7:30 p.m. unless otherwise noted. The Agenda is subject to change. Board Of Trustees Meeting Minutes Tuesday, November 18, 2008 Page 2 VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES TUESDAY, NOVEMBER 18, 2008 – 7:30 P.M. VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY Item #1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Edward Hotchkiss at 7:35 p.m. The following members of the Board of Trustees were present: Mayor Edward Hotchkiss, Trustees Breskin, Homan, Lewis, Morris, Potocki, and Weinstein. Village staff in attendance: Administrator/Treasurer Richard Slingerland and Deputy Treasurer Deborah DelGrosso. Item #2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Edward Hotchkiss. Item #3 – Mayor’s Report: Mayor Hotchkiss had nothing to report that was not included on the agenda. Item #4 – Trustees’ Reports: Trustee Potocki reported that Pelham Detective Rick Deere will receive an award from Westchester County for his investigation and completion of a 25 year old homicide case. He will be honored and presented with an award on Thursday, November 20, 2008 at Harbor Restaurant on City Island and Tuesday, December 9, 2008 at Eastwood Manor in Bronx, NY. Trustee Potocki thanked the Department of Public Works for installing pedestrian crossing signs on Boulevard at Nyac Avenue and Corlies Avenue near the middle school. Trustee Potocki reminded and encouraged residents to purchase parking meter keys as a holiday gift for family and friends. He also mentioned that the parking meters along Fifth Avenue and Wolfs Lane will be bagged for the holiday season starting on Friday, December 12, 2008. Trustee Homan apologized for missing the last few board meetings. However, she has been in contact with Mr. Slingerland and the trustees on a regular basis, to remain up to date on village business. Trustee Lewis had nothing to report that was not included on the agenda. Trustee Morris reported that the Pelham Fire Chief would like to thank all who helped with and came out to the Fire Inspection Dinner, and that a good time was had by all. Trustee Morris welcomed three (3) new volunteer firefighter recruits to the fire department. She mentioned that there are ongoing training activities with volunteer and career firefighters at least once a month. Trustee Morris also mentioned that the building inspection program is going well. The fire department is inspecting 2 to 3 buildings (commercial and apartment) a day as a pre-planning tool for safety. Board Of Trustees Meeting Minutes Tuesday, November 18, 2008 Page 3 Item #5 – Village Administrator’s Report Village Administrator Richard Slingerland reported that the rates for the retirement system are fixed and will not change for next year. He also reported that Hank White is working on developing phased plans for Wolfs Lane Park. Mr. Slingerland also mentioned that Westchester County has a phone number (211) that people with special medical needs can call to register their special needs with the county, so that emergency responders can be better prepared in case they are called to the home. The Village Administrator also submitted the Statements of Expenditures and Revenues for the period ending October 31, 2008. Item #6 – Public Comment: There was no public comment at this time. Item #7 – Farmer’s Market Report by Miriam Haas of Community Markets: Miriam Haas of Community Markets spoke about the success of the Farmer’s Market in Pelham and the prospects for next year. Miriam Haas reported that the first year of the Farmer’s Market in Pelham was very successful. Approximately 400 to 600 shoppers visited the market every Sunday, and that the vendors were pleased with the amount of activity. The market was well advertised in local papers. Next year Miriam Haas hopes to recruit more vendors and work with more groups in Pelham to make the market bigger and better that this year. Item #8 – Open Spaces (Purchase of trash /recycling cans, benches, picnic tables & bike racks; business Façade improvements): Administrator Slingerland reported that the streetscape benches and garbage cans had been delivered, and he would coordinate with Trustees Homan and Morris about where they should be placed. He also mentioned that the façade improvement program for businesses is moving along, but that the State has not yet authorized the Village to act as the depository for the program, so that the participating businesses that have completed work can start receiving their reimbursements. Item #9 – Flooding (Westchester County Flood Action Task Force, Engineer Project Bid, etc.): Administrator Slingerland reported that he, Administrative Aide Devron Wilson and Trustee Morris met with the Westchester County Flood Action Task Force. The Flood Action Task Force is aware of the flooding issues in Pelham. Mr. Slingerland is expecting to receive a more focused request for proposals (RFP) for engineering services from Westchester County Planning Department. The Westchester County Planning Department has agreed to help the village develop a more specific request for proposals (RFP) for engineering services, that would address the specific needs of a study and evaluation - a HEC, and a TR-55 analysis, were mentioned as alternative approaches that the County Public Works Department were recommending. Item #10 – Environmental issues: Administrator Slingerland mentioned that he and Administrative Aide Devron Wilson and General Foreman Michael Shriman have been meeting with L.E.D. vendors. Mr. Slingerland Board Of Trustees Meeting Minutes Tuesday, November 18, 2008 Page 4 is seeking to move forward with a pilot program to have L.E.D. vendors supply the village with L.E.D. street lights for a trial period. Mr. Slingerland will seek to get the most balanced test and experience within the current market, but also wants to make sure the technology is as reliable as the vendors have been claiming. Item #11 – Development (Site Plan Review Revision, Pelham Medical Group/Lordae, Commercial Zoning Review Committee): Mr. Slingerland reported that Pelham Medical Group and Lordae Realty are moving along with their cliff remediation and site rebuilding work. Building Inspector Len Russo has issued permits to both companies. Item #12 – Human Resources & Administration, incl. Dept. Risk Assessments: Mr. Slingerland mentioned that he and Trustee Homan are working on developing a village human resources manual. He is continuing to work on a village risk assessment report. Item #13 – Discussion of Pelhamwood Park – preliminary discussion of converting the former B & W property into a Park: Trustee Breskin mentioned that the board is entertaining the idea of improving the Boston Westchester property off of Young Avenue between Harmon and Lincoln Avenues. The idea is perhaps to turn the property into a public park with a small playground that residents who live nearby can use. Mayor Hotchkiss opened this topic up to the public for discussion. Neil Gallo of 2 Pell Place spoke, and stated the residents did not know about this plan. Mr. Gallo encouraged the Board to make the residents in the area aware of the Village’s plans to improve the Boston Westchester property. He also mentioned that the quality of life will be impacted in that area. Furthermore, Mr. Gallo gave his opinion that he believed the money could be better spent in many other ways than developing a public park. He noted that a petition was being circulated, but that none of the residents along Pell Place had been asked to sign or give input on it. Bernadette Ferguson of 208 Young Avenue mentioned that this idea of a park had been discussed several times by past boards. She doesn’t think that an active playground park would be suitable for that area. Trustee Homan mentioned that a lock was placed on the gate 6 years ago to stop people from entering the property after hours. She mentioned the rainy-day meeting about proposed uses for the park, and Mayor Hotchkiss mentioned that he had attended and participated in that meeting too. At this point, Trustees Lewis and Potocki both commented that they felt this should not have been on the agenda, and that it should have been published and have had more notice so that the public could be more prepared and involved. Jose Norat of 12 Pell Place spoke, and said he is very concerned about the Boston Westchester property, and he claims the area is never maintained by the Village. Administrator Slingerland commented that if Mr. Norat, or any other resident, had a concern Board Of Trustees Meeting Minutes Tuesday, November 18, 2008 Page 5 about the need for maintenance of Village property, the resident(s) should contact Village Hall at 738-2015. He also advised he would have the Public Works Department check in on the Village’s property and make sure it is maintained. Maria White of 169 Harmon Avenue spoke and mentioned that she has been to the meetings in the past where the many ideas were discussed. She would like to see a something finalized and done in that area so that time and effort is not continuously spent on re-hashing old ideas. She believes that any improvement plan for that property would be a big investment by the Village. Mayor Hotchkiss made a comment and clarification for the public, that this discussion is not a proposal of the Village that has the imprimatur of the Village on it. Trustee Homan commented that the remediation of the property could be expensive and have an impact on the neighbors. Trustee Potocki suggested that the Village check the minutes on Little Young, or B & W property. Tom Fear of 93 Storer Avenue stated that anything other than the current eyesore would be an improvement. Debbie Myer of 171 Harmon Avenue said in her opinion that the property would not be an eyesore if it was maintained. Christine Gesky-Farahat of 5 Pell Place stated that she is concerned about cleaning and maintenance if the property was turned in to a passive park. Stuart McLean of 15 Clifford Avenue mentioned his children have played on the property occasionally. He believes that a quiet passive park would be beneficial to the area. Karen Liesman of 45 Storer Avenue gave her opinion that there needs to be a better solution for the property because some people want a public park there, while other people don’t want a public park there. Trustee Breskin informed everyone that there will be further discussion on this topic in order to come up with a workable solution. Trustee Breskin volunteered to organize a working group to explore alternative uses for the property and report back to the Board so that a more permanent outcome can be found. Official next steps as agreed upon by the Board at the end of the meeting were as follows: 1. The Village Administrator is going to review the property with the Public Works Department. 2. Trustee Breskin will organize a working group to explore alternatives and develop recommendations. 3. The property is not intended for public use (be it to walk dogs, for children to play, or otherwise) and the only use authorized by the board at this time is for path of travel from Little Young to Harmon for children going to school and commuters going to the train. Board Of Trustees Meeting Minutes Tuesday, November 18, 2008 Page 6 4. The security fence by the bridge needs to be re-secured and locked, particularly to prevent access to the bridge structure. Item #14 – Authorizing the completion of probation for a Fire Lieutenant: A motion was made by Trustee Morris, with a second by Trustee Breskin to adopt the resolution. The motion was approved unanimously by vote of seven in favor, none opposed. RESOLUTION AUTHORIZING THE SUCCESSFUL COMPLETION OF PROBATION FOR FIRE LIEUTENANT MCCANN BE IT RESOLVED, that the Mayor and Board of Trustees hereby authorize the successful completion of probation for Fire Lieutenant Christopher McCann, which is approved based on the recommendation of the Fire Chief. Item #15 – Accepting the resignation of Police Officer Artola: A motion was made by Trustee Morris, with a second by Trustee Breskin to adopt the resolution. The motion was approved unanimously by vote of seven in favor, none opposed. RESOLUTION ACCEPTING THE RESIGNATION OF POLICE OFFICER ARTOLA BE IT RESOLVED, in accordance with the written notice from employee Ahmed Artola, that he has resigned from the Village of Pelham Police Department, the Board of Trustees accepts the resignation of Officer Artola, effective before the end of the day on Thursday, November 13, 2008. Item #16 – Resolution authorizing the village-wide bagging of meters on Friday, Dec. 12, 2008, and establishing policy for future meter bagging for “free parking” in the Downtown during the holidays: A motion was made by Trustee Weinstein, with a second by Trustee Breskin to adopt the resolution, as amended. The motion was approved unanimously by vote of seven in favor, none opposed. RESOLUTION AUTHORIZING THE VILLAGE-WIDE BAGGING OF SHORT-TERM TWO-HOUR LIMIT PARKING METERS STARTING ON FRIDAY, DECEMBER 12, 2008, AND ESTABLISHING POLICY FOR FUTURE METER BAGGING FOR “FREE PARKING” IN THE DOWNTOWN DURING THE HOLIDAYS RESOLVED, that the Board of Trustees of the Village of Pelham authorize the Public Works and the Police Departments to coordinate and implement the Village-wide bagging of on- street, short term, two-hour limit parking meters in the Downtown during the holidays, and Board Of Trustees Meeting Minutes Tuesday, November 18, 2008 Page 7 establishes this as standing policy so that in the future, when the meters are bagged, it should occur on a Friday so that there are two full weekends of holiday shopping before Christmas. Item #17 – Resolution authorizing the sale of a 1997 Chevy Blazer to the highest bidder: A motion was made by Trustee Homan, with a second by Trustee Morris to adopt the resolution. The motion was approved by vote of seven in favor, none opposed. * Note – Bidding closed at 12 Noon on Tuesday, November 18, 2008. RESOLUTION AUTHORIZING THE AWARD AND SALE OF A 1997 CHEVROLET BLAZER TO THE HIGHEST RESPONSIBLE BIDDER WHEREAS, the 1997 Chevrolet Blazer, VIN 1GNDT13W7VK203162, owned by the Village of Pelham was declared surplus and available for sale on September 23, 2008; and WHEREAS, this vehicle was advertised for sale in the legal advertisements on October 16, 2008, and again in the automobile advertisements for a week starting November 10, 2008, in the Gannett Westchester classifieds; and WHEREAS, during the advertisement period the Village received numerous bids from several individuals, in response to the automobile advertisement; and WHEREAS, since the bids and rebids are too numerous to list, the final highest three bids are listed for this vehicle as follows: Lanee Griffin of Mount Vernon, NY $725 Terry Kelly $700 Lenny Frage $550 BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the award and sale of the 1997 Chevrolet Blazer, VIN 1GNDT13W7VK203162, as surplus on an as is basis, to Lanee Griffin of Mount Vernon, NY, in the amount of seven hundred twenty five dollars ($725); and BE IT FURTHER RESOLVED, that the Mayor and the Village Administrator and the appropriate officials are authorized to take the necessary and appropriate actions to sell this vehicle. Board Of Trustees Meeting Minutes Tuesday, November 18, 2008 Page 8 Item #18 – Continued Public Hearing on a proposed draft Franchise Agreement between the Village and Verizon for FIOS TV: A motion was made by Trustee Lewis, with a second by Trustee Potocki to continue the public hearing. The motion was approved by vote of six in favor, one opposed (Trustee Morris). CONTINUED HEARING ON PROPOSED DRAFT FRANCHISE AGREEMENT BETWEEN THE VILLAGE AND VERIZON FOR FIOS TV Note: This matter has been referred to two consultants for evaluation and submission of cost proposals, for preparation of a list of items and improvement of the Village’s broadcasting equipment. One proposal has been received, and the other consultant contacted has been scheduled to meet with the Administrator in Village Hall at 10 a.m. on Thursday, November 20, 2008 to review the broadcast equipment and setup, and prepare a list of items the Village would require to improve its level of operation. Item #19 – Continued Public Hearing and planned adoption of a proposed amendment to Village Code Chapter 90-16 B. creating Hardship Overnight Parking Exemption Permits for handicapped drivers: Mayor Hotchkiss opened the public hearing, and invited members of the public to speak. Richard Altobelli of 105 5th Avenue was the first to speak. He said he had three things to say – that the Town had tried to use the B & W property for flag football, but that was rejected; that he had objected to the type of flowers that were hung on the poles in the Downtown, but that he had been proven wrong and the flowers had been beautiful; and that he had some concerns about the proposed handicapped overnight parking law. Also in attendance and making comment were Matt Helm of 5th Avenue, and Joan Altobelli of 105 5th Avenue. Mr. Altobelli raised a concern, and commented that the Village would have a hard time finding space for everyone to park overnight. Matt Helm asked questions about the doctor’s not requirement. Mr. Helm also made a comment and said the Village should revoke the 5,000 pound restriction on vehicles, as very large SUVs like a Chevrolet Suburban or Cadillac Escallade weighed over 5,000 pounds. One of the Trustees checked on their blackberry and confirmed that such vehicles’ curb weights were estimated at 5,700 pounds, and the Board voted to withdraw that provision from the law. A motion was made by Trustee Homan, with a second by Trustee Potocki to adopt the local law, as amended. The motion was approved by vote of seven in favor, none opposed. ____________________________________________________________________________ LOCAL LAW NUMBER 5 OF 2008 A local law to repeal Section 90-16 and to adopt a new Section 90-16 regarding overnight on-street parking BE ENACTED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF PELHAM AS FOLLOWS: Board Of Trustees Meeting Minutes Tuesday, November 18, 2008 Page 9 SECTION 1 Section 90-16 of the Code of the Village of Pelham is repealed, and the following new Section 90-16 is adopted: § 90-16. Restrictions on parking motor vehicles overnight on the streets. A. The Board of Trustees of the Village of Pelham has determined that: (1) Parking motor vehicles overnight on the streets within the Village of Pelham hinders governmental operations, including but not limited to cleaning and sweeping streets, removing snow and ice from the roadways, locating and identifying stolen or abandoned vehicles, and protecting residents and their property. (2) Many buildings located in the Village are old and were constructed without providing adequate off-street parking facilities for the users of the property; (3) The owner of a premises is responsible for providing adequate off-street parking facilities for the users of the premises; (4) The complete and absolute prohibition of overnight parking on the streets within the Village may create an extreme hardship to some owners and/or operators of motor vehicles. (5) A partial prohibition of overnight parking with a narrow exception for hardship will allow the Village to perform its governmental functions and provide relief to those who would otherwise suffer undue hardship. B. It is prohibited to park motor vehicles on the streets within the Village of Pelham between the hours of 2:00 a.m. and 6:00 a.m. except as set forth below: (1) All-night parking of passenger vehicles is permitted at those locations which the Village Board of Trustees has specifically authorized for that purpose. (2) Parking at the long-term parking meters on First Street east of Wolf’s Lane is only prohibited between the hours of 2:00 a.m. and 5:00 a.m. (3) An individual who has been granted a Hardship Overnight Parking Exemption (HOPE) may park on the street overnight. C. A HOPE will be granted if the following conditions are met: (1) No driveway or parking area is provided on the premises, and there is no area on the premises where a driveway or parking area can be constructed by the owner; (2) The applicant is disabled and cannot walk to the nearest municipal lot; and Board Of Trustees Meeting Minutes Tuesday, November 18, 2008 Page 10 (3) The applicant either owns a motor vehicle registered pursuant to § 404-a of the Vehicle and Traffic Law of New York State or holds a valid permanent or temporary handicapped parking permit issued by the Town of Pelham pursuant to § 1203-a of the Vehicle and Traffic Law of New York State. D. A temporary HOPE is available to the owner or operator of a motor vehicle who has a temporary need to park a motor vehicle at a premises where no parking is provided or available. A temporary HOPE allows the holder to park a passenger motor vehicle overnight on the street at a specific address for a maximum of five consecutive nights, provided that the applicant is not a regular occupant or user of such premises. A temporary HOPE may be obtained from the Police Department, which shall obtain the name and address of the applicant, license plate number of the vehicle to be parked on the street overnight and the address of the premises near which the vehicle will be parked. A temporary HOPE granted pursuant to this subsection shall not be renewable or granted to the same applicant or vehicle for a period of one month from the date of the expiration of the temporary HOPE. E. No HOPE shall be granted: (1) For the following vehicles: (a) Any commercial vehicle; (b) Any tractor or trailer; (c) Any vehicle used primarily for livery or commercial purposes; or (d) Any vehicle for which there are three or more outstanding unanswered parking summonses issued by the Village of Pelham. (2) To any applicant who is the owner or related to the owner of the premises and who does not use the parking space on the premises for his or her car. (3) To create additional parking at a premises that has limited or no parking. F. Procedure to apply for a Hardship Overnight Parking Exemption (HOPE) (1) An applicant for a HOPE shall obtain the application form from the Village. Then the applicant shall submit to the Village Clerk a completed application form, the required supporting documentation and the nonrefundable annual fee to be set by resolution of the Board of Trustees. (2) The Village Clerk shall process the HOPE application and investigate whether the applicant meets the requirements for a HOPE. If so, the Village Clerk will issue a HOPE permit that will be valid until the end of the calendar year. The permit will cover one vehicle owned or operated by the applicant and is to be parked at a specific address. Board Of Trustees Meeting Minutes Tuesday, November 18, 2008 Page 11 No more than one HOPE permit will be issued to any dwelling unit. Any appeals of the Village Clerk’s decision will be heard and decided by the Village Administrator. (3) All applications for a HOPE permit must include the following documents: (a) A copy of the applicant’s valid driver’s license; (b) A copy of the car registration for the passenger vehicle for which the HOPE will be used; (c) Payment of the annual fee to be established by resolution of the Board of Trustees. (d) A copy of the applicant’s current New York State Motor Vehicle Form 664.1 with its medical certification completed; (e) A copy of the driver’s valid, current, handicapped parking permit issued pursuant to § 1203-a of the Vehicle and Traffic Law of New York State or a copy of the registration of the passenger car issued pursuant to § 404-a of the Vehicle and Traffic Law of New York State; and (f) The applicant’s written explanation of why he or she neither has nor can create adequate, accessible parking at the location where he or she must park overnight and why the issuance of a HOPE permit is necessary because of his or her disability. G. To renew the HOPE the applicant must submit an updated application form and pay the annual fee set by resolution of the Board of Trustees. H. A HOPE will terminate: (1) If an updated application form is not submitted annually; (2) If the annual fee is not paid; (3) If the applicant’s vehicle is sold or its title is transferred; (4) If the applicant’s driver’s license or vehicle registration is suspended or revoked; (5) If the insurance for the vehicle is cancelled; or (6) If any of the facts set forth in the application change materially, and the changed circumstances no longer satisfy the requirements for a HOPE. Board Of Trustees Meeting Minutes Tuesday, November 18, 2008 Page 12 I. Whenever a vehicle subject to a HOPE is parked on the street overnight, the HOPE permit must be displayed conspicuously in the vehicle so that it is easily visible through the front windshield. SECTION 2. Effective Date This Local Law shall take effect immediately upon filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. __________________________________________________________________________________ On the resolution to establish a fee for the permit, a motion was made by Trustee Homan, with a second by Trustee Potocki to adopt the resolution. The motion was approved by vote of seven in favor, none opposed. RESOLUTION SETTING HANDICAPPED OVERNIGHT PARKING PERMIT RATE AT $25 PER CALENDAR YEAR RESOLVED, by the Board of Trustees of the Village of Pelham, that the HOPE annual fee is established at twenty-five dollars ($25) per calendar year. Item #20 – Hearing and planned approval of a draft local law to amend Village Code Chapter 82 Solid Waste to expand the recyclable paper list: Administrator Slingerland explained that the County had amended its law to accept gray cardboard, and that the Village should do so too to expand the list of what is recyclable in the Village’s law. A motion was made by Trustee Potocki, with a second by Trustee Homan to approve the public hearing on the proposed local law. The motion was approved by vote of seven in favor, one opposed. PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE VILLAGE CODE CHAPTER 82, DEFINITIONS, TO EXPAND THE LIST OF ACCEPTABLE CARDBOARD AND PULP TO INCLUDE GRAY CARDBOARD __________________________________________________________________________________ LOCAL LAW #6 of 2008 that amends Section 82-2, Definitions, of the Code of the Village of Pelham to expand the list of acceptable cardboard and pulp to include gray cardboard. Board of Trustees Pelham Board Of Trustees Meeting Minutes Tuesday, November 18, 2008 Page 13 BE IT ENACTED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF PELHAM AS FOLLOWS: SECTION 1. The following language is added to Section 82-2, Definitions: Delete the current language for the definition of “PAPER ITEMS”. SECTION 2. Replace with the following revised language: PAPER ITEMS -- Clean paper products printed on white paper, newsprint, including all newspapers, newspaper advertisements and comics, brown paper bags, magazines, telephone books, brochures, junk mail, letters and envelopes, other advertising material printed on glossy paper and unwaxed corrugated cardboard including gray cardboard such as pizza boxes, cereal boxes, tissue boxes, etc. SECTION 3. This local law shall take effect immediately upon adoption by the Board of Trustees and filing. Item #21 – Authorizing the Accounts Payable: Trustee Lewis had reviewed the bills. Upon review and discussion, the board asked to hold the hose purchase order and payment until adequate documentation had been supplied. A motion was made by Trustee Lewis, with a second by Trustee Potocki to adopt the resolution. The motion was approved by vote of seven in favor, one opposed. RESOLUTION WHEREAS, pursuant to Section 5-524 of the New York State Village Law, the Board of Trustees shall audit all claims against the Village. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Trustees after audit of the following claims, authorizes payment for services rendered and materials received, for the following items that have been submitted to the Treasurer's Office for payment and authorized by the Village Administrator: Fund Name: Amount General Fund $ 122,176.18 Water Fund $ 1,645.00 Capital Projects Fund $ 127,551.51 Trust and Agency Fund $ 56.25 H3 Fund $ 0.00 Board Of Trustees Meeting Minutes Tuesday, November 18, 2008 Page 14 Grand Total $ 251,428.94 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Item #22 – Other Business: Administrator Slingerland reported to the Board that since gasoline had been increasing so substantially in June, he had advised all departments to cut back on discretionary spending, with the directive that if they did not need something, they should not buy it. He advised the Board that he would remind the department heads of that policy. Trustee Potocki asked for a status report on the Metro North noise with regard to Mr. Cherico on Washington Avenue, and Mr. Slingerland said he would check in and report back. The Board discussed the alternatives for Wolfs Lane Park proposed by Hank White, and agreed that the conceptual plans were fine, and that they were requesting phased projects to implement one-by-one. The Board asked about overnight lights, but decided they would not be appropriate unless minimized from impacting neighbors adjacent to the park. Item #23 – Sept. 9, Sept. 23, Oct. 7, Oct. 21 and Nov. 5, 2008: A motion was made by Trustee Potocki, with a second by Trustee Morris to only approve the minutes from September 9th and September 23rd. Trustee Weinstein was not present for either vote, having stepped away from the meeting for a moment. For September 9th, the motion was approved by vote of six in favor, none opposed. For September 23rd, the motion was approved by vote of five in favor, none opposed, Trustee Homan abstaining as she was not present at that meeting. The minutes from Oct. 7th, Oct. 21st, and Nov. 5th were tabled until the next scheduled Board of Trustees meeting on Tuesday, December 2, 2008. Item #24 – Adjournment: On the motion of Trustee Potocki, seconded by Trustee Homan, the Board voted to adjourn the board meeting at 10:00 p.m. The motion was approved unanimously by vote of seven in favor, none opposed. Respectfully submitted, Deborah DelGrosso, Deputy Clerk (note taker) Devron Wilson, Administrative Aide Richard Slingerland, Administrator/Deputy Clerk