Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JULY 12, 2016, 8:00 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY 10803 MINUTES 1. Call To Order 2. Pledge of Allegiance 3. Roll Call 4. Mayor’s Report 5. Trustees’ Reports 6. Village Administrator’s Report 7. Public Comments # Agenda Items: Non-Recurring Items 8. Resolution Appointing Zoning Board of Appeals Member Approved 9. Presentation on Actuarial Valuation under GASB # 45 by Danziger & Presented Markhoff LLP. 10. Discussion on Wolfs Lane Park Redesign Detailed Drawings Discussed 11. Continuation of a Public Hearing on Proposed Local Law No. 1 of 2016 PH Closed Regarding Development Regulations and Amending Chapter 98 of the Village Code 12. Resolution Authorizing the Award of Contract # 2016-01 Tree Removal, Approved Trimming and Stump Removal Services (bid deadline and opening 6/28/16, 10:00 a.m.) 13. Resolution Authorizing the Pelham Children’s Center Pumpkin Festival, 5K Approved Race and Kid’s Fun Run on October 15, 2016 14. Resolution Authorizing Street Closure for the Town of Pelham’s 9/11 Approved Memorial Service on Sunday, September 11, 2016 15. Resolution Authorizing Street Closure for Crossfit Event on Saturday, Approved September 24, 2016 16. Resolution Approving Site Plan Application by Pelham Funeral Home, Inc. Approved at 64 Lincoln Avenue for a Proposed Change of Use 17. Resolution Approving Site Plan Application b La Gia Development Realty Approved Corp. at 318 Sixth Avenue for a Proposed Single-Family Dwelling 18. Resolution Authorizing Additional Warrant Processing for July 26, 2016 Approved 19. Resolution Accepting Resignation of Fire Inspector Approved 20. Other Business None Recurring Items 21. Authorizing Budget Transfers for Fiscal Year 2015-16 Approved 22. Authorizing Accounts Payable Approved 23. Authorizing the Minutes of: None 24. Adjournment to Executive Session Approved Next Regularly Scheduled BOT Meetings: Tuesday, August 16, 2016 (Summer Schedule) Tuesday, September 6, 2016 All meetings start at 8:00 p.m. unless otherwise noted *The Agenda is subject to change.* Board of Trustees Regular Meeting Tuesday, July 12, 2016 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Volpe at 8:00 p.m. Item # 2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Volpe and a moment of silence was held to honor the lives lost in the Dallas Police shooting. Item # 3 – Roll Call: Present were Trustees Deere, Ferrara, Kagan, Mutti, Reim and Reinke. Also present were Village Administrator Yamuder and Assistant to the Village Administrator Scelza. Mayor’s Report: Trustees’ Report: Trustee Deere Trustee Ferrara Trustee Kagan Page 2 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Trustee Mutti Trustee Reim Trustee Reinke Village Administrator’s Report: Item # 7 – Public Comments No public comments. Page 3 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Non-Recurring Items Item # 8 – Appointing Zoning Board of Appeals Member Resolution Appointing Zoning Board of Appeals Member Whereas, Michael Hartmere, 35 Benedict Place, recently tendered his resignation as a member of the Zoning Board of Appeals, said resignation effective June 29, 2016. Now, therefore, be it resolved, that Clara Marshall, 116 Loring Avenue, is herein appointed as a member of the Zoning Board of Appeals expiring March 31, 2021, or until such time as a successor is appointed. Page 4 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Item # 9 – Presentation on Actuarial Valuation under GASB # 45 by Danziger & Markhoff LLP. Ed Echevarria, Senior Actuary of the firm Danziger & Markhoff gave a report to the Board regarding its GASB # 45 obligations for the fiscal year ending May 31, 2016. He said the Village’s annual OPEB obligation increased from 2.28 million to 2.4 million which represents a 120,000 dollar decrease from last year. He stated the New York State Health Insurance Program premiums have not increased greatly over the last few years. The Village’s net OPEB obligation increased from 6.0 million to 7.4 million which represents a 1.4 million dollar increase from last year. A discussion continued with Mr. Echevarria and the Board. Page 5 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Item # 10 – Discussion on Wolfs Lane Park Redesign Detailed Drawings Page 6 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Item # 11 – Continuation of a Public Hearing on Proposed Local Law No. 1 of 2016 Regarding Development Regulations and Amending Chapter 98 of the Village Code Page 7 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Item # 12 – Authorizing the Award of Contract # 2016-01 Tree Removal, Trimming and Stump Removal Services (bid deadline and opening 6/28/16, 10:00 a.m.) Resolution Authorizing the Award of Contract # 2016-01 for Tree Removal, Trimming and Stump Removal Services Whereas, the Village of Pelham solicited a bid for contract # 2016-01 for Tree Removal, Trimming, and Stump Removal Services; and Whereas, the bid for contract # 2016-01 was advertised in the Journal News as the Official Newspaper of the Village of Pelham, and was also made available on the Village’s website; and Whereas, at 10:00 a.m. E.S.T., Tuesday, June 28, 2016, the Village Administrator publicly opened and read three proposals in Village Hall; and Whereas, on reviewing the proposals, the bids were as follows: Bidder Base Bid 1. Almstead Tree & Shrub Company $20,603.00 2. Manor Tree Company, Inc. $26,505.00 3. Dom’s Tree Service, Inc. $33,263.00 Whereas, the Village Administrator has determined that the lowest responsible bid that meets requirements is Almstead Tree & Shrub Company. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby awards Contract # 2016-01 for Tree Removal, Trimming and Stump Removal in the Village of Pelham to Almstead Tree & Shrub Company, at the total bid cost of Twenty thousand six hundred and three dollars ($20,603.00), as a unit-price contract, with prices provided for under the bid for tree services by tree diameter as needed; 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 unit-price contract for these services. Motion by: Trustee Kagan Seconded by: Trustee Ferrara Vote: 7-0 Page 8 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Item # 13 – Authorizing the Pelham Children’s Center Pumpkin Festival, 5K Race and Kid’s Fun Run on October 15, 2016 Resolution Authorizing the Annual Pumpkin Festival, 5K Race and Kid’s Fun Run on October 15, 2016 Whereas, the Pelham Children’s Center has requested permission to hold the annual Pumpkin Festival, 5K Race and Kid’s Fun Run in the Village on Saturday, October 15, 2016; and Whereas, the temporary closure of certain streets is necessary in order to safely facilitate the event, and for traffic control; and Whereas, the Pelham Children’s Center shall reimburse the Village for all costs incurred by the Village as a result of the event, including but not limited to Police Department and Department of Public Works overtime, and provide a certificate of liability insurance naming the Village as an additional insured in a form and amount satisfactory to the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the annual Pelham Children’s Center Pumpkin Festival, 5K Race and Kid’s Fun Run on Saturday, October 15, 2016 from 7 a.m. to 10 a.m., with the 5K race beginning at 8 a.m. starting and ending at Michael Schwerner Way and Fifth Avenue and the Kid’s Fun Run starting at 9 a.m. at Franklin Field, running ½ mile up Wolfs Lane and Fifth Avenue, and finishing up at Fifth Avenue and Michael Schwerner Way, with the request that Michael Schwerner Way be closed for the entire event to stage the Pumpkin Festival and games and; Be it further resolved, that the Mayor and Board of Trustees authorize the appropriate Village officials and staff to take the necessary and appropriate actions to effectuate the intent of this resolution. Page 9 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Item # 14 – Approving Street Closure for the Town of Pelham’s 9/11 Memorial Service on Sunday, September 11, 2016 Resolution Approving Street Closure for the Town of Pelham’s 9/11 Memorial Service on Sunday, September 11, 2016 Be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the closing of Harmon Avenue between Fifth Avenue and Harmon Place and Fifth Avenue between First and 2nd Streets on Sunday, September 11, 2016 from 8:00 a.m. to 9:00 a.m. and again from 5:30 p.m. to 7:00 p.m. for a 9/11 Memorial Service; and Be it further resolved, that the Board of Trustees of the Village of Pelham authorize the appropriate Village officials and staff to take the necessary and appropriate actions to allow this event to take place. Page 10 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Item # 15 – Approving Street Closure for Crossfit Event on Saturday, September 24, 2016 Resolution Approving Street Closure for Crossfit Event on Saturday, September 24, 2016 Be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the closing of 7th Street between Fifth Avenue and Fourth Avenue on Saturday, September 24, 2016 from 8:00 a.m. to 3:00 p.m. for a Crossfit Event; and Be it further resolved, the Event Organizer shall reimburse the Village for all costs incurred by the Village as a result of the event, including but not limited to Police Department and Department of Public Works overtime, and provide a certificate of liability insurance naming the Village as an additional insured in a form and amount satisfactory to the Village; and Be it further resolved, that the Board of Trustees of the Village of Pelham authorize the appropriate Village officials and staff to take the necessary and appropriate actions to allow this event to take place. Page 11 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Item # 16 – Approving Site Plan Application by Pelham Funeral Home, Inc. at 64 Lincoln Avenue for a Proposed Change of Use Resolution Approving Site Plan Application by Pelham Funeral Home, Inc. at 64 Lincoln Avenue for a Proposed Change of Use Be it resolved, that the application for a Site Plan by Pelham Funeral Home, Inc. is approved, based on the review and recommendations by the Village of Pelham Planning Board (hereinafter “Planning”) which the Planning memo is attached to and made a part of this approval; and Be it further resolved, that the conditions applied by the Planning Board are as follows: 1. All work shall be performed in compliance with Planning approval, NY State Building Code and Village of Pelham Zoning Code, as noted on plan drawings, dated April 18, 2016 as prepared by Mastrogiacomo Engineering, P.C. on Site Plan Sheet T-100 and D-100; and 2. The final original plans for the proposed change of use for the subject project shall be resubmitted with the correct property address signed and sealed by the Engineer/Architect of record prior to the issuance of a Building Permit; and Be it further resolved, that this application for a change of use at 64 Lincoln Avenue is subject to the procedures, regulations and requirements of the Pelham Village Code and Pelham Building Department; and Be it further resolved, that the Mayor, Village Administrator, Building Inspector and other appropriate Village officials are authorized to take the necessary and appropriate actions to effect this approval, including the imposition of additional conditions and requirements as may be necessary. No deviations from the site plan without prior approvals from applicable board or agency. Page 12 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Item # 17 – Approving Site Plan Application by La Gia Development Realty Corp. at 318 Sixth Avenue for a Proposed Single-Family Dwelling Resolution Approving Site Plan Application by La Gia Development Realty Corp. for 318 Sixth Avenue for a Proposed Single-Family Dwelling Be it resolved, that the application for a Site Plan by La Gia Development Realty Corp. is approved, based on the review and recommendations by the Planning Board (hereinafter “Planning”), Architectural Review Board (hereinafter “the ARB”) which the Planning and ARB approval memos are attached to and made a part of this approval; and Be it further resolved, that the conditions applied by Planning and ARB are as follows: 1. All work shall be performed in compliance with Planning approval, NY State Building Code and Village of Pelham Zoning Code, as noted on plan drawings dated June 1, 2016 with revisions on June 24, 2016 as prepared by Aldo DiVitto, Architect. P.C. 2. The scale of the attic window relative to the gable is too large and must be reduced. 3. A garage door was not submitted and therefore existing shall remain (that was stated by the applicant in the meeting). 4. The number of steps to the front door is shown inconsistently in 3 drawings. The height of the building above grade must be identified. 5. Front door shall not have dentals. 6. Rail is approved but cedar posts shall remain as drawn. 7. All plantings for the one family house be as per approved plans; 8. The house will be built in accordance with the plans which are approved by the Planning Board and/or the Architectural Review Board of the Village of Pelham; and Be it further resolved, that this application for a site plan to include a single family dwelling and landscaping at 318 Sixth Avenue is subject to the procedures, regulations and requirements of the Pelham Village Code and Pelham Building Department; and Be it further resolved, that the Mayor, Village Administrator, Building Inspector and other appropriate Village officials are authorized to take the necessary and appropriate actions to effect this approval, including the imposition of additional conditions and requirements as may be necessary. No deviations from the site plan without prior approvals from applicable board or agency. Page 13 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Item # 18 – Authorizing Additional Warrant Processing for July 26, 2016 Resolution Authorizing Warrant Processing on July 26, 2016 Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes warrant processing on July 26, 2016 to accommodate the shortened summer Board of Trustee meeting schedule; and Be it further resolved, that a Board Member will be scheduled to audit the invoices and copies of the voucher detail report will be distributed to all Board members. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby approves payment of the above mentioned claims and authorizes payment thereof. Page 14 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Item # 19 – Accepting Resignation of Fire Inspector Resolution Accepting Resignation of Fire Inspector Be it resolved, that the Board of Trustees of the Village of Pelham herein accepts the resignation of Vincent D’Onofrio as Fire Inspector as outlined in the attached letter dated July 5, 2016, and hereby appoints Peter Reynolds as Fire Inspector. Page 15 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Item # 20 – Other Business Page 16 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Recurring Items Item # 21 – Authorizing Budget Transfers for Fiscal Year 2015-16 Resolution Authorizing Budget Transfers for Fiscal Year 2015-16 Whereas, pursuant to the provisions of § 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, in all cases, there are sufficient unexpended balances in other appropriation accounts, excess revenues or fund balances available to cover the amendments and transfers. Now, therefore, be it resolved, that pursuant to New York State Village Law § 5-520, the Board of Trustees of the Village of Pelham hereby authorizes and directs the proper Village officers to modify the 2015-16 Budget by making the following budget transfers (attached hereto and made part hereof). Page 17 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Item # 22 - Authorizing the Accounts Payable Trustee Deere is auditing the Accounts Payable. Resolution Authorizing the Accounts Payable Whereas, pursuant to § 5-524 of the New York State Village Law, the Board of Trustees shall audit all claims against the Village. Now, therefore, be it resolved, that the Board of Trustees after audit of the following vouchers, 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 $211,083.28 Capital Projects Fund $14,750.55 Trust and Agency Fund $350.00 TE Expand Trust Fund $0.00 Grand Total $226,183.83 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Page 18 Board of Trustees Regular Meeting Tuesday, July 12, 2016 Item # 23 – Authorizing the Minutes of: Item # 24 – Adjournment Page 19