Mayor & Village Board of Trustees
Regular MeetingPelham, NY · February 2, 2010
Minutes
VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING
TUESDAY, FEBRUARY 2, 2010– 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
6. Public Comment
Approximate
Starting time of
# Agenda Items: Discussion
Non-Recurring Items 8:00 p.m.
7. Public Hearing to Change Local Law Regarding Cold War Veterans Exemption to Maximum Levels Tabled
and to Extend the Exemption to Property Held in Trust for the Benefit of the Veterans
8. Authorizing the Renewal of the Contract Between the Village of Pelham and NRNRC for a One Year Tabled
Extension on the Current Contract
9. Resolution Authorizing the Completion of Probation for Officer Michael Sheehy and Officer Earl Scott Approved
in the Police Department.
10. Authorizing Immediate Safety Measures at the B&W Bridge Site on Highbrook Avenue Tabled
11. Resolution Authorizing the Implementation and Funding in the First Instance of the NYS Mass Approved
Transportation Capital Program as part of the FTA Parking Lot Project
12. Resolution Authorizing Engagement of Legal Services to Jointly Oppose Proposed United Water Rate Approved
Increase
Committee Reports 9:00 p.m.
13. Employee Benefits/HR Manual Discussed
14. Tree Committee Discussed
15. Park Improvements Discussed
16. Young Avenue Open Space Tabled
17. Verizon FIOS Discussed
18. Chamber of Commerce Discussed
19. Commercial Zoning Review Discussed
20. Site Plan Review Tabled
21. Other Business Tabled
Recurring Items 9:45 p.m.
22. Authorizing Accounts Payable Approved
23. Authorizing Minutes of: January 5, 2010 and January 19, 2010 Tabled
24. Adjournment to Executive Session 10:00 p.m.
Next Regular Board of Trustee Meetings are:
Tuesday, February 23, 2010
Tuesday March 2, 2010
All meetings start at 7:30 p.m. unless otherwise noted.
*Agenda is subject to change.
Item #1 – Meeting called to order: The meeting of the Board of Trustees was called to order
by Mayor Edward Hotchkiss at 7:30 p.m.
The following members of the Board of Trustees were present:
Mayor Edward Hotchkiss, Trustees Bullock, Lewis, Potocki
The following members of the Board of Trustees were absent:
Board Of Trustees Meeting Tuesday, February 2, 2010
Page 2
Trustee’s Morris, Homan, and Breskin
Village staff in attendance:
Administrator/Treasurer Robert Yamuder, Administrative Intern Peter Bonington
Item #2 – Pledge of Allegiance:
The Pledge of Allegiance was led by Mayor Hotchkiss
Reports
Mayor Hotchkiss Report
Mayor Hotchkiss reported that the Village has released an RFP for the garbage contract. He
stated that this is a major expense for the Village and that the hope is that the returning bids
will enable the Village to savings. The deadline for the bids is 11am on February 10, 2010.
He also mentioned that there has been substantial reconstruction in the areas of Fifth Avenue
that was damaged by the rockslide. He stated that the steel frame for the buildings is up and
that the wall supporting the cliff is being filled in. He concluded his report by saying that the
Pelham Main Street Grant program has awarded several merchants in reimbursement funds
for façade work that was completed some years ago.
Trustees Reports:
Trustee Breskin-Absent
Trustee Homan-Absent
Trustee Lewis-None
Trustee Morris-Absent
Trustee Potocki-None
Board Of Trustees Meeting Tuesday, February 2, 2010
Page 3
Trustee Bullock-None
Village Administrator’s Report
Administrator Yamuder added the Mayor’s comments about the Pelham Main Street Grant.
He stated that there is still a little more than $100,000 left for façade renovations. He stated
the deadline for the grant is May 31st, 2010. He also stated that on Friday, February 5th, 2010
Village Hall will be closed for office filing and cleaning. The phones will be in operation but no
walk-in service will be available.
Item #6– Public Comment
Ron Uszo from 1 Brookside Avenue asked about the potential re-landscaping of the property
in front of his home. He asked the Board for clarification on this matter. Administrator
Yamuder clarified that the project Mr. Uszo is referring to has to do with storm-water
remediation. It involves the installation of a pipe underground along the Village’s right of way.
Mr. Uszo stated that an open pipe that is placed only 15ft from his house is not desirable. He
stated that Brookside is a public street and that the residents have in the past paid for the
street paving. Administrator Yamuder stated that a title search is currently being researched
to determine whether that road truly is a public street.
Brett Bell, the chairperson for the Pelham School District Health and Wellness Committee
spoke to the Board about concerns he and many other of his fellow students have about
people smoking at the corner of Franklin Place and Nyac Avenue. He stated that there is a
statute in the Village Code which allows the Fire Chief to prohibit smoking in certain areas.
Mr. Bell said that the smoke causes a hazard and a distraction to both students and teachers
alike. He also quoted the Surgeon General’s warning that second hand smoke is a
hazardous to people nearby. He requested that a distance requirement be placed on that
area to include an area of up to 50ft around the school as the area in question is Village
property. Mr. Bell produced a petition consisting of 310 names from students and faculty who
support the imposition of a distance requirement.
Trustee Bullock asked whether the area across the street from the school was Village
property. Trustee Potocki stated that the argument Mr. Bell gave was very clever but he was
not convinced that it was legal. Trustee Bullock stated that he agreed with Trustee Potocki
and that Mr. Bell’s reading of the Code may be too liberal in its interpretation of that particular
statute. Trustee Lewis asked if there was a peak moment when people are out at the corner
smoking. Mr. Bell replied that it is throughout the day. Mayor Hotchkiss suggested that they
contact the Village attorney to discuss this matter further.
Board Of Trustees Meeting Tuesday, February 2, 2010
Page 4
Matthew Carey of 145 Harmon Avenue stated to the Board that the residents in and around
the area of the Boston and Westchester property have organized into a committee called
Citizens for a Pelhamwood Park. The purpose of this committee is to research remediation
and safety measures for both the park and the bridge. They also seek more transparency on
the part of the Board with regard to options that are being considered as well as a discussion
of the benefits of restoration over development. Mayor Hotchkiss stated that no discussion or
consideration for developing that property is currently going on and that the only matter the
Board is concerned with at this time is the safety hazards the bridge and the property poses
to the Village.
Jeanne Ippolitio of 54 Highbrook Avenue asked the Board if there would be an opportunity to
about the issues concerning the Highbrook Bridge at some point in the meeting. Mayor
Hotchkiss stated that there would be later in the meeting.
Item #7- Public Hearing to Change Local Law Regarding Cold War Veterans Exemption to
Maximum Levels and to Extend the Exemption to Property Held in Trust for the Benefit of the
Veterans
After some discussion, the Board decided to table the resolution until the next meeting for
more research and discussion at the next Board meeting on Feb. 23, 2010.
RESOLUTION
TO AMEND A LOCAL LAW TO INCREASE THE
COLD WAR VETERANS REAL PROPERTY TAX EXEMPTION
AND TO EXTEND THE EXEMPTION TO COOPERATIVE APARTMENTS
AND PROPERTY HELD IN TRUST FOR THE BENEFIT OF A VETERAN
LOCAL LAW NUMBER OF 2010
A local law to amend Article IV of Chapter 73
to increase the Cold War Veterans real
property tax exemption authorized by Section
458-b of the Real Property Tax Law and to
extend the exemption to cooperative
apartments and property held in trust for the
benefit of a veteran.
Board Of Trustees Meeting Tuesday, February 2, 2010
Page 5
BE ENACTED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF PELHAM AS
FOLLOWS:
SECTION 1
In Section 73-14 of the Code of the Village of Pelham, the definition of LATEST STATE
EQUALIZATION RATE is repealed and the following new definition is adopted:
LATEST STATE EQUALIZATION RATE – means the latest final state equalization rate
or special equalization rate established by the New York State Board of Real Property Tax
Services pursuant to article twelve of the New York State Real Property Tax Law. The New
York State Board of Real Property Tax Services shall establish a special equalization rate if
it finds that there has been a material change in the level of assessment since the
establishment of the latest state equalization rate, but in no event shall such special
equalization rate exceed one hundred. In the event that the state equalization rate exceeds one
hundred, then the state equalization rate shall be one hundred for the purposes of this section.
Where a special equalization rate is established for purposes of this section, the assessor is
directed and authorized to recompute the Cold War veterans exemption on the assessment
roll by applying such special equalization rate instead of the latest state equalization rate
applied in the previous year and to make the appropriate corrections on the assessment role,
notwithstanding the fact that such assessor may receive the special equalization rate after the
completion, verification and filing of such final assessment roll. In the event that the assessor
does not have custody of the roll when such recomputation is accomplished, the assessor
shall certify such recomputation to the local officers having custody and control of such roll,
and such local officers are hereby directed and authorized to enter the recomputed Cold War
veterans exemption certified by the assessor on such roll.
SECTION 2
Subsections A and B of Section 73-15 of the Code of the Village of Pelham are repealed and
the following new Subsections A and B are adopted:
A. Qualifying residential real property shall be exempt from taxation to the extent of fifteen
percent (15%) of the assessed value of such property; provided, however, that such exemption
shall not exceed fifty-four thousand dollars ($54,000) or the product of fifty-four thousand
dollars ($54,000) multiplied by the latest state equalization rate for the assessing unit, or, in the
case of a special assessing unit, the latest class ratio, whichever is less.
B. In addition to the exemption provided by Subsection A of this section, where the Cold War
veteran received a compensation rating from the United States Veterans Affairs or from the
United States Department of Defense because of a service related disability, qualifying
residential real property shall be exempt from taxation to the extent of the product of the
assessed value of such property, multiplied by fifty percent (50%) of the Cold War veteran
disability rating; provided, however, that such exemption shall not exceed one hundred eighty
Board Of Trustees Meeting Tuesday, February 2, 2010
Page 6
thousand dollars ($180,000) or the product of one hundred eighty thousand dollars ($180,000)
multiplied by the latest state equalization rate for the assessing unit, or, in the case of a special
assessing unit, the latest class ratio, whichever is less.
SECTION 3
Sections 73-16 and 73-17 of the Code of the Village of Pelham are renumbered Sections 73-18
and 73-19 respectively.
SECTION 4
A new Section 73-16 of the Code of the Village of Pelham is adopted as follows:
§73-16 Property Held in Trust
The provisions in this article shall apply to any real property held in trust solely for the benefit
of a person or persons who would otherwise be eligible for a real property tax exemption,
pursuant to this article, were such person or persons the owner or owners of such real property.
SECTION 5
A new Section 73-17 of the Code of the Village of Pelham is adopted as follows:
§73-17 Cooperative Apartments
A. For the purposes of this article, title to the portion of real property owned by a cooperative
apartment corporation in which a tenant-stockholder of such corporation resides and which is
represented by his or her share or shares of stock in such corporation as determined by its or
their proportional relationship to the total outstanding stock of the corporation, including that
owned by the corporation, shall be deemed to be vested in such tenant-stockholder.
B. Provided that all other eligibility criteria of this article are met, that proportion of the
assessment of such real property owned by a cooperative apartment corporation determined by
the relationship of such real property vested in such tenant-stockholder to such real property
owned by such cooperative apartment corporation in which such tenant-stockholder resides
shall be subject to exemption from taxation pursuant to this Article and any exemption so
granted shall be credited by the appropriate taxing authority against the assessed valuation of
such real property; the reduction in real property taxes realized thereby shall be credited by the
Board Of Trustees Meeting Tuesday, February 2, 2010
Page 7
cooperative apartment corporation against the amount of such taxes otherwise payable by or
chargeable to such tenant-stockholder.
C. Nothwithstanding Subsection B of this section, a tenant-stockholder who resides in a dwelling
that is subject to the provisions of Article Two, Four, Five or Eleven of the Private Housing
Finance Law shall not be eligible for an exemption pursuant to this section.
SECTION 6. 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.
Item #8- Authorizing the Renewal of the Contract Between the Village of Pelham and NRNRC
for a One Year Extension on the Current Contract
After some discussion, the Board decided to table the resolution until the next meeting for
more research and discussion at the next Board meeting on Feb. 23, 2010.
RESOLUTION
Authorizing the Renewal of the Contract Between the Village of Pelham and NRNRC for a
One Year Extension on the Current Agreement
BE IT RESOLVED, that the Mayor and Board of Trustees hereby authorize a Renewal of the
Agreement Between The Village Of Pelham And NRNRC For A One Year Extension On The
Current Contract April 1, 2009 Ending March 31, 2010; and
BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to
take the necessary and appropriate actions to effect and execute this contract for these
services.
Item #9- Resolution Authorizing the Completion of Probation for Officer Michael Sheehy and
Officer Earl Scott in the Police Department.
After some discussion, a motion was made by Trustee Potocki and seconded by Trustee
Bullock to adopt the resolution. The vote was approved by a vote of four in favor, none
opposed. Trustee’s Morris, Homan, and Breskin were absent.
RESOLUTION
Board Of Trustees Meeting Tuesday, February 2, 2010
Page 8
AUTHORIZING THE PERMANENT APPOINTMENT OF
MICHAEL SHEEHY AND EARL SCOTT AS A POLICE OFFICERS, BASED ON
THE SUCCESSFUL COMPLETION OF THEIR PROBATION
BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby acknowledges
the successful completion of probation of Police Officers Michael Sheehy and Earl Scott,
based on their appointment date of August 4, 2008, and the end date of their one (18) month
probationary period effective February 4, 2010 as a Police Officers, and authorizes the
Mayor, Village Administrator and Police Chief to take the necessary and appropriate actions
to effect the completion of his probationary status under Civil Service.
Item #10- Authorizing Immediate Safety Measures at the B&W Bridge Site on Highbrook
Avenue
Mayor Hotchkiss began this discussion by saying that the Highbrook Bridge is a hazard and a
liability for the Village. He then prompted the Village Administrator to discuss what avenues
he has been exploring to rectify this problem. Administrator Yamuder stated that he has two
different engineers coming out to look at the bridge to assess what can be done in the
immediately to make the bridge safe. He stated that there are essentially the engineers are
determining what they can remove or support to make the bridge not such a hazard as it is
now. The two options then facing the Village are whether to remediate the bridge as part of a
long term rehabilitation process or demolish the bridge.
Trustee Potocki stated that the wording of the resolution is confusing and open ended.
Mayor Hotchkiss clarified by saying that the Village is just looking for options and prices for
any action they decided to undertake. Trustee Bullock asked what the engineers are
specifically there to determine. Mayor Hotchkiss stated that the engineers are there to
inspect the extent of the immediate repairs and give RFP proposals for the remainder to the
work. Trustee Lewis asked what the next step is. Mayor Hotchkiss stated that the next step
is to solicit bids from the engineers. He also stated that the Board will not be voting on this
matter tonight.
Jeanne Ippolitio of 54 Highbrook Avenue spoke to the Board about the possibility of their
group getting copies of the engineering report once it is finished. She also mentioned that
there are other bridges in Pelham that deserve the same amount of attention that the Board
is giving to the Highbrook one, specifically the Metro-North Railroad Bridge. Mayor Hotchkiss
stated that the Administrator will get in contact with Metro-North to determine who maintains
the bridge. Susan Mutti 62 Highbrook Avenue stated that she had observed some icicles on
one of the bridge’s that appeared to be dangerous and asked if they could be removed by the
Village. Mayor Hotchkiss stated that he wasn’t aware that the Village did remove icicles from
the bridge.
Steve Swanson of 205 Highbrook Avenue asked to recap what has been discussed for the
evening concerning the engineers, their bids, and the fate of the Highbrook Bridge. He also
Board Of Trustees Meeting Tuesday, February 2, 2010
Page 9
wanted confirmation that a fence will not be going up in the near future. Mayor Hotchkiss
stated that nothing is going to be done with the public’s knowledge. Mr. Swanson stated that
he does not perceive the bridge as an immediate hazard. Administrator Yamuder pointed out
that there has been no inspection by the engineers or the state to determine how much of a
hazard the bridge is yet.
Robert Cortez of 100 Harmon Avenue asked the Board about his property which consists of
1.5 acres and what zoning designation that area is. Mayor Hotchkiss replied that that area is
A2 residential zoning the specific designation is for classifying certain lots by size. A2 lots are
smaller than those in residential A1.
Nick Corbin of 306 Highbrook Avenue asked the Board when the Highbrook Bridge became
the property of the Village of Pelham. Trustee Lewis answered that it was inherited sometime
after the Boston and Westchester Company went bankrupt. It was ceded to the town and
then to the Village.
Matthew Carey of 145 Harmon Avenue asked the Board about the supposed development
plans for the B&W property. He stated that at one of the Task Force meetings a power point
was shown that depicted plans for future development on that site as well as the prospected
sale of the land to a developer. Mayor Hotchkiss stated that he wasn’t aware of any such
plans. He stated that the purpose of the Task Force is to gather information and formulate
options. Before any decision would be made however, there would have to be costs and
specifications to back up the action.
RESOLUTION
Authorizing Immediate Safety Measures at the
B&W Bridge Site on Highbrook Avenue
BE IT RESOLVED, that the Mayor and Board of Trustees of the Village of Pelham authorize
Immediate Safety Measures at the B&W Bridge Site on Highbrook Avenue
BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to
take the necessary and appropriate actions to effect and execute this contract for these
services.
Item #11- Resolution Authorizing the Implementation and Funding in the First Instance of the
NYS Mass Transportation Capital Program as part of the FTA Parking Lot Project
Administrator Yamuder reported that this resolution is designed to allow the Village to enter
into a contract with the State of New York for a 10% reimbursement of the overall Nita Lowey
FTA Intermodal Parking Lot grant for the renovation of the DPW Yard behind 195 Sparks
Board Of Trustees Meeting Tuesday, February 2, 2010
Page 10
Avenue. The organization of the grant is that 80% is paid by the Federal government, 10%
by the State, and 10% is paid by Pelham itself. This resolution will allow for the State funds
to be allocated to the Village. The design specifications have been completed and Mr.
Yamuder stated that he hoped to have the project ready to go out to bid sometime in the next
two weeks.
Trustee Lewis asked if the funds were in any danger of expiring before the contract could be
put into place. Administrator Yamuder said that was not that case and that the funds are not
due to expire anytime soon. Trustee Potocki stated his enthusiasm for the project saying that
this is where the focus of the Board should be; both on this project and the 5th Avenue
Downtown project. He also added that overall safety of the Highbrook Bridge is important as
well.
David Merrick of 200 7th Avenue asked about a similar project involving the parking lot on 1st
Street and what if any forward motion there is on that front. Mayor Hotchkiss reported that
that project is part of another grant from Nita Lowey for $100,000 and they are going to be
renovating that parking lot as well.
After some discussion, a motion was made by Trustee Lewis and seconded by Trustee
Bullock to adopt the resolution. The vote was approved by a vote of four in favor, none
opposed. Trustee’s Morris, Homan, and Breskin were absent.
Item #12-Resolution Authorizing Engagement of Legal Services to Jointly Oppose Proposed
United Water Rate Increase
Administrator Yamuder stated that United Water which administers half of the Village of
Pelham is proposing to raise their rates by 55%. The resolution before the Board is to hire an
attorney to represent the Village and other municipalities to oppose the rate increase. The
Village would join a consortium of other municipalities in Westchester. At this point,
Greenburgh has not yet signed on which means Pelham would have to pay $2,100 as their
part of the consortium. If Greenburgh does join then Pelham will pay $1,600.
Trustee Potocki asked if Pelham is filing as individuals or as a consortium. Mr. Yamuder
responded that they would be filing as individual municipalities. Trustee Lewis asked if
Pelham would be on the hook for more money by entering into this consortium. Mr. Yamuder
stated that this resolution is only for the initial fee not for anymore than that.
After some discussion, a motion was made by Trustee Bullock and seconded by Trustee
Potocki to adopt the resolution. The vote was approved by a vote of four in favor, none
opposed. Trustee’s Morris, Homan, and Breskin were absent.
RESOLUTION
Resolution To Authorize Engagement of Legal Services to
Board Of Trustees Meeting Tuesday, February 2, 2010
Page 11
Jointly Oppose Proposed United Water Rate Increase
BE IT RESOLVED, that the Mayor and Board of Trustees of the Village of Pelham hereby
authorize the retention of legal Services to Jointly Oppose Proposed United Water Rate
Increase necessary; and
BE IT RESOLVED, that the Mayor and Board of Trustees of the Village of Pelham hereby
authorize the Mayor, the Village Attorney and the Village Administrator to sign the necessary
contracts and agreements to obtain these services.
MUNICIPALITY POPULATION %(WITH GREENBURH) $SHARE %(W/O GREENBURGH)
SHARE
New Rochelle 74,115 37% $18,500 48.2% $24,100
Greenburgh 46,000 23% $11,500 n/a n/a
Eastchester 31,450 15.7% $7,850 20.4% $10,200
Dobbs Ferry 11,134 5.6% $2,800 7.2% $3,600
Hastings 7,919 4% $2,000 5.1% $2,550
Bronxville 6,516 3.3% $1,650 4.2% $2,100
Pelham 6,435 3.2% $1,600 4.2% $2,100
Tuckahoe 6,244 3.1% $1,550 4.1% $2,050
Pelham Manor 5,451 2.7% $1,350 3.5% $1,750
Ardsley 4,840 2.4% $1,200 3.1% $1,550
Item #15-Employee Benefits/HR Manual
Trustee Bullock stated that he met with Administrator Yamuder to discuss some preliminary
additions and changes to the draft they are working on. They hope to have a first draft in the
next few weeks.
Item #16-Tree Committee
Trustee Bullock stated that the tree committee is still gathering information about certain
types of trees throughout the Village.
Board Of Trustees Meeting Tuesday, February 2, 2010
Page 12
Item #17-Park Improvements
Mayor Hotchkiss stated that Trustee Morris is finalizing a Wolfs Lane Master Plan with
landscape architect Hank White. They hope that completed in the next few weeks.
Item #18- Young Avenue Open Space
None, the Board decided to table the discussion until the next meeting for more research and
discussion at the next Board meeting on March 2, 2010.
Item #19- Verizon FIOS
Mayor Hotchkiss reported that after Mr. Yamuder attempted to obtain a proposal from
Verizon for the FIOS Franchise, Verizon stated that they are no longer negotiating with
municipalities. Trustee Potocki stated that since they are not coming to Pelham can they
remove the transformer canister’s from the telephone poles.
Item #20-Chamber of Commerce
Trustee Lewis reported that he had attended a Chamber meeting in which several merchants
asked questions concerning some of the revisions to the Village Code. Trustee Lewis
reported that from his discussion at the Chamber meeting he found that “grandfathering” was
an issue of debate for many of the merchants in Pelham. He recapped this discussion by
saying that grandfathering is the gradual phasing out of business’s in the downtown area over
a period of time. The existing uses will continue under the Code revisions as non-complying
permitted uses until that building’s use ceases for more than a year. In that case, the use
would no longer be permitted at that particular site.
Item #21-Commercial Zoning Review
Property owners were encouraged to come to a meeting about the potential revisions to the
Village’s Zoning Code. Trustee Lewis stated that many of the participants had useful
thoughts and suggestions. One in particular from John DeCicco Jr. was employing a
distance requirement between retail and service oriented businesses. Retail businesses
would be sectioned off in the area between Boulevard and south of Lincoln Avenue. North of
Lincoln Avenue the businesses would be more service oriented. There was also talk of a
distance requirement for 1st and 2nd floor businesses. Trustee Lewis also suggested
extending the boundaries of Commercial 1 zoning to include 4th Avenue throughout the block.
Trustee Lewis also stated that they would most likely remove the amendments to the M1
zoning area along 5th Avenue which pertain to the height requirements and standardized size
Board Of Trustees Meeting Tuesday, February 2, 2010
Page 13
of the apartments. Trustee Lewis concluded by saying that fences would be permitted in the
Commercial 1 district for securing parking areas only.
Lester Kravitz of Wolfs Lane asked for clarification on the changes being proposed to the
Code concerning the M1 zoning. Trustee Lewis stated that the height requirements would
stay the same and that there is no proposal to change the height. He added that the question
of office use on the first floor will be part of the grandfathering clause. Mr. Kravitz stated that
he couldn’t see the difference between a real estate office on the first floor of his building and
an office like State Farm on 5th Avenue. Trustee Lewis replied that the purpose of this clause
is to concentrate retail in the downtown and move service business north of Lincoln Avenue.
He did say that the businesses remaining would be considered non-complying permitted uses
while they remained in operation however.
Item #22- Site Plan Review
None, the Board decided to table the discussion until the next meeting for more research and
discussion at the next Board meeting on March 2, 2010.
Item #23- Other Business
None, the Board decided to table the discussion until the next meeting for more research and
discussion at the next Board meeting on March 2, 2010.
Item #24- Authorizing the Accounts Payable
Trustee Lewis audited the Accounts Payable.
After some discussion, a motion was made by Trustee Lewis and seconded by Trustee
Bullock to adopt the resolution. The vote was approved by a vote of four in favor, none
opposed. Trustee’s Morris, Homan, and Breskin were absent.
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
Board Of Trustees Meeting Tuesday, February 2, 2010
Page 14
General Fund $ 81,159.63
Water Fund $ 34,106.69
Capital Projects Fund $0.00
Trust and Agency Fund $ 0.00
H3 Fund $ 0.00
Grand Total $ 115,266.32
NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the
above mentioned claims and authorizes payment thereof.
Item #25- Authorizing Minutes of: January 5, 2010, January 19, 2010
After some discussion, the Board decided to table the minutes until the next meeting for more
research and discussion at the next Board meeting on Feb. 23, 2010.
January 5, 2010
January 19, 2010
Item #26- Adjournment to Executive Session
A motion was made by Trustee Bullock with a second by Trustee Potocki to adjourn the
public portion of the board meeting at 9:15 p.m. and go into Executive Session to discuss
legal and contractual matters, after which the Board would adjourn for the evening. The
motion was approved by vote of four in favor, none opposed. Trustee Morris, Homan, and
Breskin were absent.
Respectfully submitted,
Peter Bonington, Administrative Intern
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