Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, MARCH 10, 2009– 7:30 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY MEETING 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 GASB 45 – Report on Post Retirement Benefits 8:00 p.m. 7. Presentation by a representative of Danziger & Markhoff, LLP, the Discussed Village’s actuarial consultants, on the GASB 45 OPEB. Human Resources 8:20 p.m. 8. Authorizing the appointment by the Mayor of a candidate to the position Approved of Village Administrator. 9. Resolution authorizing the completion of probation for Matthew Westall as Approved Laborer in the Department of Public Works. Business 8:30 p.m. rd 10. End of 3 -quarter Budget amendments & transfers for FY 2008-09. Approved Home Rule Resolution in support of State Legislation enacting 11. amendments to NYS Law authorizing residents in the Village of Pelham Approved to park overnight and overhang the sidewalks, in the late-night to the early morning hours (e.g. 11 p.m. to 7 a.m.) 12. Designation of short-term parking spaces on First Street, by the new Post Approved Office at 26 First Street. Site Plan 13. Authorizing a re-approval of the site plan approval for James Vasilotti for Approved a single family home at 446 First Avenue. Grants and Projects 8:50 p.m. 14. Review and status report on ongoing Projects and Grants. Discussed Housekeeping 9:00 p.m. 15. Authorizing the Accounts Payable Approved 16. Other Business: a. Authorization for annual contribution of $1000 to the American Approved Legion, Pelham Post 50 b. Authorization for Howard Lampert, P.E., not to exceed $4,000, to Approved complete the application for the Federal Stimulus c. Authorization for youth to sell cookies April 11th or 18th to benefit Approved “Cookies for Kids Cancer” along Wolfs Lane Park 17. Minutes: Dec. 2nd, Dec. 16th, Jan 13th, Jan 27th, Feb 10th & Feb 24th. Tabled 18. Executive Session – for matters of personnel, collective bargaining, and Approved contract negotiations, and then to adjourn the meeting 9:30 p.m. 19. Adjournment of the public portion of the meeting at 9:32 p.m. Approved Next Scheduled Board Meetings are Tuesdays March 24, 2009 and Organizational Mtg April 14, 2009 Budget Work Sessions will be scheduled in March and April after the budget release. Budget Adoption is tentatively scheduled for Tuesday, April 28th. Note – Due to holidays and school breaks in 2009, the Board of Trustees Meetings will be the Second and Fourth Tuesdays, January through the end of April, 2009 The First and Third Tuesday schedule will resume in May, 2009 * All meetings start at 7:30 p.m. unless otherwise noted. The Agenda is subject to change. Board Of Trustees Meeting Minutes Tuesday, March 10, 2009 Page 2 VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES TUESDAY, MARCH 10, 2009 – 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 7:38 p.m. The following members of the Board of Trustees were present: Mayor Edward Hotchkiss, Trustees Breskin, Lewis, Morris, Potocki and Weinstein. Trustee Homan was absent. Village staff in attendance: Administrator/Treasurer Richard Slingerland and Administrative Aide Devron Wilson. Item #2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Edward Hotchkiss. Item #3 – Mayor’s Report: Trustees Reports: Trustee Breskin Trustee Homan Trustee Lewis Trustee Morris Trustee Potocki Trustee Weinstein Board Of Trustees Meeting Minutes Tuesday, March 10, 2009 Page 3 Village Administrator’s Report GASB 45 – Report on Post Retirement Benefits 8:00 p.m. 7. Presentation by a representative of Danziger & Markhoff, LLP, the Village’s actuarial consultants, on the GASB 45 OPEB. Mr. Ed Echeverria, Actuary from Danziger & Markhoff, LLP attended the meeting to present and explain the GASB 45 report, and Finance Director Shirley Brown will attend to provide further explanation with regard to how it relates to the Village and local municipal financing rules and regulations. Board Of Trustees Meeting Minutes Tuesday, March 10, 2009 Page 4 Human Resources 8:20 p.m. 8. Authorizing the appointment by the Mayor of a candidate to the position of Village Administrator. RESOLUTION AUTHORIZING THE APPOINTMENT BY THE MAYOR OF ROBERT YAMUDER TO THE POSITION OF VILLAGE ADMINISTRATOR FOR THE VILLAGE OF PELHAM, NY RESOLVED, that Robert Yamuder, of Hawthorne, New York, is hereby appointed to the position of Village Administrator of the Village of Pelham, starting on Monday, March 23, 2009, at an annual salary of one hundred and twenty five thousand dollars ($125,000), and an annual vehicle stipend of two thousand five hundred dollars ($2,500). Board Of Trustees Meeting Minutes Tuesday, March 10, 2009 Page 5 9. Resolution authorizing the completion of probation for Matthew Westall as Laborer in the Department of Public Works. RESOLUTION AUTHORIZING THE SUCCESSFUL COMPLETION OF PROBATION FOR MATTHEW WESTALL AS LABORER BE IT RESOLVED, that the Mayor and Board of Trustees hereby authorize the successful completion of probation for Matthew Westall as Laborer, which is approved based on the positive evaluation and recommendation of the Public Works General Foreman. Board Of Trustees Meeting Minutes Tuesday, March 10, 2009 Page 6 Business 8:30 p.m. 10. End of 3rd-quarter Budget amendments & transfers for FY 2008-09. RESOLUTION Re: Mid-Year Budget Amendments and Transfers for Fiscal Year 2008-09 Whereas, pursuant to the provisions of Section 5-520 of the New York State Village Law, the Board of Trustees, by resolution, may increase existing appropriations by transferring funds from the unexpended balance of another appropriation, from the contingent account, from available cash surplus or unanticipated revenues within a fund, or by borrowing, and Whereas, during the course of the fiscal year, it is necessary from time to time to make modifications to the areas in the budget that have insufficient appropriations based on actual results of operations, and Whereas, in all cases, there are sufficient unexpended balances in other appropriations accounts, excess revenues or fund balances available to cover the transfers, now therefore be it Resolved, that pursuant to Village Law Section 5-520, the Board of Trustees hereby authorizes and directs the proper Village officers to modify the 2008-09 Budget by making the following amendments and transfers: 2008/09 Budget Amendments and Transfers as of March 5, 2009 2008/09 BUDGET AMENDMENTS CAPITAL FUND H2831.1 TRANSFER FROM GEN.FUND $ 828 H3120.203 POLICE VEHICLES $ 828 GENERAL FUND A3120.201 POLICE EQUIPT $ 828 A9550.000 TRANSFER TO CAPT. $ 828 A3120.201 POLICE VESTS $ 992 A3089.1 STATE AID OTHER $ 992 A3120.121 Police special Assignment $ 20,000 A2772 Refund for Person. Serv. $ 21,530 A9030.935 Social Security $ 1,530 A1640.451 CENT.GARG.VEH.REPAIR $ 1,925 A2680 INSURANCE RECOVERIES $ 1,925 A8020.400 PLANNING. CONT. $ 2,616 A2701 REFUNDS PRIOR YRS $ 2,616 Board Of Trustees Meeting Minutes Tuesday, March 10, 2009 Page 7 A3410.121 FIRE TRAINING $ 574 A2262 PUB.SFTYSER OTH.GOVT $ 574 A3120.201 POLICE EQUIPT $ 5,000 A3091 STATE AID FIRE, POL EQPT $ 10,000 A3410.201 FIRE EQUIPT $ 5,000 A3120.201 POLICE MOBILE TACT COMP. $ 5,000 A4000 Appropriation of Seized Fnds $ 5,000 2008/09 BUDGET TRANSFERS GENERAL FUND A1355.415 ASSESSMENT SUPPLIES $ 697 A1410.407 VILLAGE - NOTICES $ 2,221 A1410.120 PER SER RECORDS MNGT $ 775 A1410.408 REC.MANGMT EXPENSE $ 749 A1620.424 VILLAGE HALL/DPW MAINT. $ 1,500 A1620.201 VILLAGE HALL EQUIP $ 1,500 A1640.201 CENT GARAGE EQUIP $ 1,100 A1910.910 Unallocated Insurance $ 28,600 A1640.415 CENT GAR SUPP & MAT $ 20,000 A1640.422 CENT GAR UTILITIES $ 3,000 A1640.451 CENT GAR VEH. REPAIR $ 4,500 A3120.201 POLOCE EQUIPT $ 2,500 A3120.453 POLICE MT OF EQUIPT $ 2,500 A3410.102 FIRE - FIRE CHIEFSAL $ 13,400 A9015.915 POLICE & FIRE RETIRE $ 13,400 A3410.405 FIRE PERIODICALS $ 165 A3410.406 FIRE POSTAGE $ 165 A3410.415 FIRE SUPP & MAT $ 1,000 A3410.418 FIRE PREVENTION $ 1,000 A3410.417 FIRE TRAINING $ 6,000 A3410.451 FIRE VEH.REPAIR $ 6,000 A3410.419 FIRE PARADES & FUNCTIONS $ 13 A3410.421 FIRE TELEPHONE $ 2,013 A3410.422 FIRE UTILITIES $ 2,000 A5110.130 ST MT LONGEVITY $ 75 A5110.461 ST.MT. UNIFORM $ 75 A5142.415 SNOW REMOV SUPPLIES $ 6,000 A5142.402 SNOW REMOV. CONT. $ 6,000 A5182.415 ST.LIGHT SUPPLIES $ 3,000 A5182.400 ST. LIGHT CONTR. $ 3,000 A5989.400 TRAFFIC CONTRACTUAL $ 3,500 A5989.453 TRAF.MT OF EQUIP $ 3,500 A5989.415 TRAF. SUPP & MAT $ 1,500 A5110.461 ST.MT. UNIFORM $ 1,500 A8560.400 COMM.ENVIR.CONTRACTUAL $ 5,360 A8140.400 STORM SEWER CONT $ 5,360 A9070.970 COMP. ABSENSES PRIOR YRS $ 2,016 A9030.935 SOCIAL SECURITY $ 2,016 TOTAL $123,143 TOTAL $123,143 Board Of Trustees Meeting Minutes Tuesday, March 10, 2009 Page 8 Home Rule Resolution in support of State Legislation enacting 11. amendments to NYS Law authorizing residents in the Village of Pelham to park overnight and overhang the sidewalks, in the late- night to the early morning hours (e.g. 11 p.m. to 7 a.m.) RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS BILLS A808 PAULIN / S1865 KLEIN AMENDING SECTION 1202 OF THE VEHICLE AND TRAFFIC LAW AUTHORIZING RESIDENTS IN THE VILLAGE OF PELHAM TO PARK OVERNIGHT AND OVERHANG THE SIDEWALKS, IN THE LATE-NIGHT TO THE EARLY MORNING HOURS FROM 11 P.M. TO 7 A.M. WHEREAS the Village of Pelham is a small village of approximately 6,500 residents, covering eight-tenths of a square mile, with approximately 3,300 housing units; and WHEREAS, the village was in large part developed in the late 1920’s and early 1930’s, at a time when passenger cars were much smaller than they are at present; and WHEREAS, many of the garages and driveways built in the Village have driveways that are restricted by retaining walls and other space constrictions that make the driveways too small to accommodate cars, which in turn causes homeowners to park in their driveways in such a way that their cars overhang the sidewalks; and WHEREAS, the New York State Vehicle and Traffic Law, Art. 32, §1202 entitled, “Stopping, standing or parking prohibited in specified places” (a) 1. b., prohibits parking “On a sidewalk”; and WHEREAS, the Village has explored several alternatives, which include:  Capital construction and expansion of driveways and garages, at major expense to private property owners;  Eliminating or partially revoking a village-wide ban on overnight parking (except where authorized by existing Home Rule legislation). Maintaining Village-wide law prohibiting overnight parking has proven extremely vital to security/law enforcement, street sweeping and curbside leaf pick-up, and snow clearing and other emergency operations; or  Adopt a Home Rule Request message asking the State Legislature to amend the Vehicle and Traffic Law, to allow for a middle-ground, for homeowners with small, restricted driveways, to park in their driveways, overhanging the sidewalk, only between the hours of 11 p.m. and 7 a.m. Board Of Trustees Meeting Minutes Tuesday, March 10, 2009 Page 9 AND, WHEREAS, the Village has determined that the most fair and cost-effective means of addressing this problem is to request an amendment to §1202 of the Vehicle and Traffic Law. BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby requests the New York State Legislature to adopt Assembly Bill A808 Paulin and Senate Bill S1865 Klein to amend Section 1202 of the NYS Vehicle and Traffic Law, such bills entitled, “AN ACT to amend the vehicle and traffic law, in relation to stopping, standing or parking in specified places,” and authorizes the Mayor, the Administrator, the Village Clerk and the Police Chief to take all necessary and appropriate actions to cooperate with the State Legislature to assist with the enactment of this legislation to benefit the residents of the Village of Pelham. Board Of Trustees Meeting Minutes Tuesday, March 10, 2009 Page 10 12. Designation of short-term parking spaces on First Street, by the new Post Office at 26 First Street. Discussion item (not action item, unless the Board is okay with this tonight). On February 4, 2009, the Village received an update from the Post Office about the progress of their new building at 26 First Street. The Village was informed by the Post Office’s Architect that:  The interior of the Post Office will be 100% complete in 3 weeks.  The exterior and remaining site work will be weather permitting but should be complete by the end of March.  The lease on the existing Post Office expires the end of April. They are planning to vacate and move into the new facility over a weekend sometime in April (exact weekend to be determined).  After they sort out their operations and things are running smoothly, they will have a ceremony at the new facility (probably early May), and they asked who from the Village should attend.  They also asked if it can be requested from the Village that a few 15 minute customer parking spaces may be designated. For enactment, a resolution would be suggested as follows: RESOLUTION AMENDING THE VILLAGE CODE CHAPTER 90-53 TO ENACT THREE (3) SHORT TERM PARKING SPACES ON FIRST STREET IN FRONT OF THE NEW POST OFFICE AT 26 FIRST STREET BE IT RESOLVED by the Board of Trustees of the Village of Pelham, that the Village Code Chapter 90-53 is hereby amended as follows: Section 1 – That the following reference to limited time parking on First Street is deleted: Street Side Time Limit Hours Location First Street South 2 hrs. 9:00 a.m. to 6:00 p.m. From a point 75 feet west of Mon. through Sat. Second Ave. to Fourth Ave. except for the loading zone – continued on next page – Section 2 – That the following references to limited time parking on First Street are added: Board Of Trustees Meeting Minutes Tuesday, March 10, 2009 Page 11 Street Side Time Limit Hours Location First Street South 2 hrs. 9:00 a.m. to 6:00 p.m. From a point 75 feet west of Mon. through Sat. Second Ave. to Fourth Ave. except for the loading zone, and except for the 15- minute short-term parking spaces in front of the Post Office at 26 First Street First Street South 30 minutes 9:00 a.m. to 6:00 p.m. Three (3) spaces, for a length of approximately seventy five feet (75’), in front of the new Post Office Building at 26 First Street. Board Of Trustees Meeting Minutes Tuesday, March 10, 2009 Page 12 Site Plan 13. Authorizing a re-approval of the site plan approval for James Vasilotti for a single family home at 446 First Avenue. RESOLUTION AUTHORIZING A RE-APPROVAL OF THE SITE PLAN APPROVAL FOR JAMES VASILOTTI FOR A SINGLE FAMILY HOME AT 446 FIRST AVENUE, AS ORIGINALLY AUTHORIZED ON SEPTEMBER 23, 2008 EFFECTIVE IMMEDIATELY AND EXPIRING AS PROVIDED IN THE VILLAGE CODE RESOLVED, that the re-approval of a Site Plan for 446 First Avenue, based on the application by Vasilotti, as originally approved on September 23, 2008, is hereby authorized, with all original provisions enacted on September 23, 2008 remaining in effect, for a new time period, as provided under the Site Plan provisions of Chapter 79 of the Village Code. Board Of Trustees Meeting Minutes Tuesday, March 10, 2009 Page 13 Grants and Projects 8:50 p.m. 14. Review and status report on ongoing Projects and Grants. Projects review. Board Of Trustees Meeting Minutes Tuesday, March 10, 2009 Page 14 Housekeeping 9:00 p.m. 15. Authorizing the Accounts Payable 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 $ 147,455.22 Water Fund $ 450.00 Capital Projects Fund $ 32,749.08 Trust and Agency Fund $ 0.00 H3 Fund $ 0.00 TE Expandable Trust Fund $ 741.20 Grand Total $ 181,395.50 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Board Of Trustees Meeting Minutes Tuesday, March 10, 2009 Page 15 16. Other Business 17. Minutes: Dec. 2nd, Dec. 16th, Jan 13th, Jan 27th, Feb 10th & Feb 24th. December 2, 2008 December 16, 2008 January 13, 2008 January 27, 2008 February 10, 2008 February 24, 2008 Adjournment 9:30 p.m. 18. Executive Session 19. Adjournment