Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, SEPTEMBER 6, 2011, 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 # Agenda Items: of Discussion Non-Recurring Items 7:40 p.m. 7. Resolution Authorizing Cahill/Gambino LLP as the Official Bonding Approved Attorneys for the Village of Pelham 8. Tax Certiorari Settlement and Payment Authorizations for South Glo Approved Properties at 125 & 135 Fifth Avenue 9. Resolution Authorizing Payment of PESH Assessment Discussed 10. Resolution Authorizing Payment of Emergency Bio-Hazard Removal Approved 11. Resolution Authorizing the Children’s Center Fun Run on October 15, 2011 Approved Committee and Community Liaison Reports 8:15 p.m. 12. Commercial Zoning Review Discussed 13. Site Plan Review None 14. B & W Site None 15. Employee Benefits/HR Manual None 16. Tree Committee None 17. Park Improvements None 18. Development (including 3rd Street RFP) None 19. Parking (including FTA Parking Lot project) None 20. Other Business Discussed Recurring Items 8:45 p.m. 21. Authorizing Accounts Payable Approved 22. Authorizing Minutes of: July 12, 2011, August 9, 2011 Tabled 23. Adjournment to Executive Session 9:00 p.m. Next Scheduled Board Meetings are: Tuesday, September 20, 2011 Tuesday, October 4, 2011 All meetings start at 7:30 p.m. unless otherwise noted. * The Agenda is subject to change. Item #1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Deputy Mayor Geoff Lewis at 7:30.m. The following members of the Board of Trustees were present: Deputy Mayor Lewis, Trustees Mohan, Morris, McGoldrick, and Marty Board Of Trustees Meeting Tuesday September 6, 2011 Page 2 The following members of the Board of Trustees were absent: Mayor Hotchkiss, Trustee Marciona Village staff in attendance: Village Administrator Robert Yamuder Item #2 – Pledge of Allegiance: The Pledge of Allegiance was led by Deputy Mayor Lewis. Reports: Mayor Hotchkiss’s Report Absent Trustees Reports: Deputy Mayor Lewis Deputy Mayor Lewis stated that Mayor Hotchkiss would be absent from this meeting. He would be leading the proceedings as Deputy Mayor. He began his report by thanking all the Village departments for their actions and conduct during Hurricane Irene. He said the Administrator has the details regarding the storm. He also said that the Village had received confirmation form Congresswoman Nita Lowey’s office that the $340,000 EPA grant funds are available to the Village. He said the Village will be following up on this grant opportunity as part of the plan to remediate flooding. After the Village Administrator’s report, Deputy Mayor Lewis swore in the new firefighter to the Village Fire Department; Francesco Bellantoni. Trustee Marciona Absent Trustee Marty Board Of Trustees Meeting Tuesday September 6, 2011 Page 3 Trustee Marty stated the notification of funding regarding the EPA $340,000 flooding grant is great news. He said this grant will allow for a big improvement in the field of flooding remediation. Trustee McGoldrick None Trustee Mohan None Trustee Morris None Village Administrator’s Report Administrator Yamuder thanked all the Village departments for their work during and after Hurricane Irene. He said all the departments worked well together and with the liaisons from Con-Ed, Cablevision, and Verizon. As a summary of the storm and its aftermath, the Administrator stated that in preparation Glenwood Lake was lowered several days in advance of the storm. He said at the peak of the storm, the Village had six streets closed due to downed power lines and other damages. There were twelve trees reportedly down throughout the Village and approximately 200 were without power in the aftermath of the hurricane. The Administrator stated the Village was diligent in sending out email blasts and posting updates on the Village website. He said the DPW also cleared out catch basins which helped to alleviate the flow of water through them. He said the Village plans to apply to FEMA for assistance and said he would be meeting with the Village department heads to discuss the application process in the coming weeks. Item #6– Public Comment- John Walsh of Nyac Avenue asked when municipal lot #7 will be reopening. Administrator Yamuder apologized for any inconvenience but stated that in two weeks the Village Yard should be completed. He said this is the best estimate available at this time and would continue to work towards its completion. John Cassone of 7th Avenue said that in the Pelham Weekly article concerning the Board meeting, the Cablevision Channel 75 was the only channel listed for residents and others to Board Of Trustees Meeting Tuesday September 6, 2011 Page 4 watch the meeting. He said it would be helpful to have both Cablevision Channel 75 and Verizon Channel 43 listed for viewer information. He also asked after the status of the IMA between the Town and the Village for the Trotta Park project. He said there is a time element to this project since many relatives of former Mayor Joseph Trotta are passing away. Administrator Yamuder said he would look into the status of the project and get in touch with Mr. Cassone. Item #7–Resolution Authorizing Cahill/Gambino Llp As The Official Bonding Attorneys For The Village Of Pelham Deputy Mayor Lewis stated that this resolution authorizes the Cahill/Gambino as the bonding attorney’s for the Village of Pelham as of August 1, 2011. Administrator Yamuder stated that the Village has been using Cahill/Gambino about a year ago. He said the Village is familiar with the services of this firm through Jeff Storch who had previously worked for the Village as a bonding attorney with a Squire/Dempsey who also have worked within the Village of Pelham. He said the Village is still recognizing that the firm of Cahill/Gambino is the Village’s bond counsel as of August 1, 2011. Administrator Yamuder stated that Cahill/Gambino will be added to the organizational list. A motion was made by Trustee McGoldrick and seconded by Trustee Marty adopt the resolution. The vote was approved by a vote of four in favor, Trustee Mohan opposed. Mayor Hotchkiss and Trustee Marciona were absent. RESOLUTION Authorizing Cahill/Gambino Llp As The Official Bonding Attorneys For The Village Of Pelham BE IT RESOLVED, that the Mayor and Board of Trustees hereby authorize Cahill/Gambino Llp As The Official Bonding Attorneys For The Village Of Pelham and recognizes that they have been acting in this capacity since August 1, 2011 and; BE IT FURTHER RESOLVED, that the Mayor and Village Administrator/Treasurer are authorized to take the necessary and appropriate actions to effect and execute these services. Item #8–Tax Certiorari Settlement And Payment Authorizations For South Glo Properties At 125 & 135 Fifth Avenue Deputy Mayor Lewis stated this resolution is for the Village’s share of a tax certiorari settlement for two apartment buildings. He said this is a court ordered settlement to refund taxes on the properties. Board Of Trustees Meeting Tuesday September 6, 2011 Page 5 A motion was made by Trustee Morris and seconded by Trustee Mohan adopt the resolution. The vote was approved by a vote of five in favor, none opposed. Mayor Hotchkiss and Trustee Marciona were absent. AUTHORIZING A TAX CERTIORARI JUDGMENT FOR 125 &135 FIFTH AVENUE; AS AUTHORIZED BY THE TOWN OF PELHAM FOR ASSESSMENT YEARS 1998 THROUGH 2010 (CORRESPONDING TO FY 1999-2000 thru FY 2011-2012) BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorize the court ordered settlement and payment for a refund of taxes and reduction in assessment to South Glo Properties pursuant to the Court Order and Judgment for the properties at the following addresses for the following amounts: Address: Tax Lot ID Number: Assessment Years: Amount: 125 Fifth Avenue 163.36-1-87 1998-2010 $6,179.90 135 Fifth Avenue 163.36-1-88 1998-2010 $14,160.12 Total: $20,340.02 In the total amount of twenty thousand three hundred forty dollars and two cents ($20,340.02), and authorizes the Mayor, the Village Attorney and the Village Administrator/Treasurer to sign this agreement take the necessary and appropriate actions to effect this Court Order and refund these taxes. Item #9– Recognizing Payment of PESH Assessment Deputy Mayor Lewis stated this agenda item is recognizing the payment to PESH for fines resulting from some violations during safety inspections. He said Administrator Yamuder deserves credit for working with PESH to get rid of most of the fines but unfortunately not all the fines could be resolved. Trustee McGoldrick stated his disappointment with the State of New York by saying that a small Village is not equipped to handle the volume of technicalities and violations that PESH served the Village with. He volunteered in the future to meet in Albany with representatives of PESH in order to try and resolve any future issues. Deputy Mayor Lewis stated the Village was advised by counsel that to further pursue the issue would be costly and inefficient with the Village’s time. Trustee Marty asked if the Village is in the clear for the time being. Administrator Yamuder stated there is never a guarantee of clearance for inspections or violations. Board Of Trustees Meeting Tuesday September 6, 2011 Page 6 Trustee Mohan asked if there is any indication of when the next inspections might take place. Administrator Yamuder reminded the Board that PESH can make unannounced visits to inspect safety conditions. He said there are numerous violations that can be given that can other in. Trustee Mohan asked if the Village could have received a warning prior to the fining proceedings taking effect. Administrator Yamuder responded the Village did receive a warning a number of years ago but there were some outstanding violations that were not resolved when this new inspection took place last year. The Administrator did say he had the sense that all department and administration members are moving in the same direction at this time; working together in order to prevent any future violations. Deputy Mayor Lewis said this discussion was to acknowledge this unbudgeted payment of $25,000 in fines to PESH. Item #10–Resolution Authorizing Payment of Emergency Bio-Hazard Removal Deputy Mayor Lewis said the Village had to perform a bio-hazard removal at 522 6th Avenue. He stated the owner of the property passed away several months ago. As a result the house fell into disrepair and several appliances stopped functioning allowing food to spoil. The Village was consulted by the Department of Health and having no other owner to approach regarding the remediation of the property, took the necessary steps to remediate the hazards within the residence. Administrator Yamuder said the Village intends to put a mechanics lien on the property in order to get reimbursed for the expenditures totaling $6,500 for the bio-hazard removal. Trustee Mohan asked if fines were an option to secure reimbursement. Administrator Yamuder said after consulting Building Inspector Russo, he was advised that this course action was the best for getting the Village its reimbursement. He did add, however, that this is a finable offense. A motion was made by Trustee Marty and seconded by Trustee Morris adopt the resolution. The vote was approved by a vote of five in favor, none opposed. Mayor Hotchkiss and Trustee Marciona were absent. Item #11–Resolution authorizing the Children’s Center Fun Run on October 15, 2011 This resolution took place before Agenda Item #7. Deputy Mayor Lewis stated that Sidney Thayer from the Pelham Children’s Center was in attendance to give a short summary of the proposed event. Mr. Thayer said the 5K run is expected to utilize the same route it has in past years beginning on Michael Schwerner Way. He said the half mile Fun Run for younger children will also take place in that area. Board Of Trustees Meeting Tuesday September 6, 2011 Page 7 Trustee Morris said there may be some complication with the other events planned for that date, specifically the Chamber of Commerce Street Fair and the Farmer’s Market. Deputy Mayor Lewis stated that the Board can work with the groups involved to organize the events. Mr. Thayer said he had also been in contact with the Pelham Chamber of Commerce. Mr. Thayer commented that the Children’s Center was charged for police overtime last year. Deputy Mayor Lewis stated the Board had made a determination that all events taking place in the Village must pay for the department overtime accrued by the event. Mr. Thayer said he felt they were charged for more Police overtime than what they actually utilized. Deputy Mayor Lewis said he would speak to Police Chief Benefico and see how the overtime is measured for each event. A motion was made by Trustee Mohan and seconded by Trustee McGoldrick adopt the resolution. The vote was approved by a vote of five in favor, none opposed. Mayor Hotchkiss and Trustee Marciona were absent. RESOLUTION AUTHORIZING THE ANNUAL PELHAM CHILDREN’S CENTER 5K AND FUN RUN TO BE HELD ON SATURDAY OCTOBER 15, 2011 BE IT RESOLVED, that the Board of Trustees of the Village of Pelham authorizes the annual Pelham Children’s Center 5K and Fun Run on Saturday, October 15, 2011 from 8a.m. to 10 a.m., with the 5K race starting at 8 a.m. Beginning at Michael Schwerner Way and Fifth Avenue and ending at the corner of Harmon and Fifth Avenues, in Pelham and the Fun Run starting at 9 a.m. at Franklin Field, running ½ mile up Wolfs Lane and 5th Avenue, and finishing up at the corner of Harmon and Fifth Avenues. BE IT FURTHER RESOLVED, that the Pelham Children’s Center will be responsible for all Village Of Pelham overtime costs that occur for this event; AND BE IT FURTHER RESOLVED, that Mayor and Board authorize the appropriate Village officials and staff to take the necessary and appropriate actions to allow the 5K and Fun Run to take place, with the requirement that the Village of Pelham be provided with the insurance satisfactory to the Village’s insurance carrier by the Pelham Children’s Center. Committee and Community Liaison Reports Item #12–Commercial Zoning Review Deputy Mayor Lewis reported that he sent his commercial zoning proposals to the Planning Board in a different format than previously submitted. He said he would be getting comments back from them, hopefully after the next meeting. Board Of Trustees Meeting Tuesday September 6, 2011 Page 8 Item #13–Site Plan Review None Item #14– B & W Site None Item #15–Employee Benefits/HR Manual None Item #16– Tree Committee None Item #17– Park Improvements None Item #18– Development (including 3rd Street RFP) None Item #19– Parking (including FTA Parking Lot project) None Item #20– Other Business Deputy Mayor Lewis stated the Town of Pelham would be holding a 9/11 memorial service at 8:30 p.m. on Saturday, September 10. Administrator Yamuder stated the Village is advertising for repairs to municipal lot #3. He said the bid opening would take place on Thursday, September 15, 2011 at 11 a.m. at Village Hall. He finished by saying the Village will award the contract at the next Board meeting. Item #21– Authorizing Accounts Payable Trustee McGoldrick audited the Accounts Payable. After some discussion, a motion was made by Trustee Mohan and seconded by Trustee McGoldrick adopt the resolution. The vote was approved by a vote of five in favor, none opposed. Mayor Hotchkiss and Trustee Marciona were absent. Board Of Trustees Meeting Tuesday September 6, 2011 Page 9 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 $ 315,471.88 Water Fund $ 105.00 Capital Projects Fund $ 17,850.00 Trust and Agency Fund $0.00 H3 Fund $0.00 CD NYS Main Street Fund $0.00 TE Expandable Trust Fund $0.00 Grand Total $ 333,426.88 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Item #22–Authorizing Minutes of: July 12, 2011, August 9, 2011 The Board decided to the table the minutes until a later meeting. July 12, 2011- Tabled August 9, 2011- Tabled Item #23- Adjournment to Executive Session A motion was made by Trustee Morris with a second by Trustee Marty to adjourn the public portion of the board meeting at 8:40 p.m. and go into Executive Session to discuss personnel matters, which the Board would adjourn for the evening. The motion was approved by vote of five in favor, none opposed. Mayor Hotchkiss and Trustees Mohan were absent. Respectfully submitted, Peter Bonington, Secretary to the Village Administrator Board Of Trustees Meeting Tuesday September 6, 2011 Page 10