BOARD OF TRUSTEES MEETING TUESDAY, APRIL 3, 2012

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1 BOARD OF TRUSTEES MEETING TUESDAY, APRIL 3, 2012 The first of the bi-monthly meetings of the Board of Trustees was held on April 3, 2012 at 7 PM in the Boardroom of the Village Hall, 7 Stage Road, Monroe, NY. Mayor James Purcell called the meeting to order and led in the pledge to the flag. Emergency exits were announced. Present: Mayor Purcell; Trustees Gormley, Chan, Wright and Conklin Also present: Attorney Bonacic, Treasurer Murray, and Village Clerk Carey Police Chief Giudice was present for the resolution promoting Office DeLuca to Sergeant. MINUTE APPROVAL: MARCH 6 TH AND 20 TH, 2012 On a motion by Trustee Chan seconded by Trustee Gormley, the Minutes of the March 6 th and March 20 th, 2012 Meetings were approved. BUDGETARY TRANSFERS / MODIFICATIONS: On a motion by Trustee Wright, seconded by Trustee Conklin, with all in favor, the budgetary transfers / modifications were approved: FROM: TO: F2680 Insurance Recoveries F Transfers Purif Equip $13, Modifications A1560 Safety Inspection Fees A Engineering Contractual A2115 Planning Board Fees A Pl Bd Eng Contract 6, A2650 Sale Scrap & Excess Mat l A PD Automotive Maint Capital Reserve F Purif Equip Reserve $13, PAVEMENT MARKINGS NON-COUNTY ROADS AGREEMENT FOR 2012 SEASON: On a motion by Trustee Gormley seconded by Trustee Chan, with all in favor, it was: RESOLVED, the Board of Trustees approved an agreement for application of pavement markings by the County on village roads within Orange County. The Village agrees to purchase all required paint from the County bid. Paint and glass spheres will be applied as required per NYDOT specifications and/or Manual of Uniform Traffic Control Devices. The Village acknowledges sole responsibility and liability for all maintenance and protection of traffic necessary. It is further RESOLVED, it is agreed that payment for said pavement markings shall be paid to the county on or before the 30 th day following completion. Be it further RESOLVED, the Village of Monroe shall maintain the following insurance coverage covering both the County and the Village as it applies under this agreement: General Liability with a combined single limit of $1,000,000. Auto Liability Insurance with a combined single limit of $1,000,000. Workers Compensation and Disability coverage as required by the NYS Workers Compensation Board. It is further RESOLVED, that the Board of Trustees authorize the Mayor to sign said agreement and forward same to the Orange County Department of Public Works to the attention of Charles W. Lee, P.E., Commissioner. A certified copy of this resolution will accompany the agreement.

2 CUB SCOUT PACK 488 FISHING DERBY, MAY 12, 2012: Building Inspector Wilkins in a memo to the Board dated 3/27/12 responded he does not have concerns with the fishing derby. On a motion by Trustee Chan seconded by Trustee Gormley, with all in favor, it was: RESOLVED, the Board of Trustees approved the Fishing Derby for Cub Scout Pack 488 on Saturday, May 12, 2012 from 8 AM to 1 PM in Crane Park across from the Commuter Parking Lot on Mill Pond Parkway. A Certificate of Insurance naming the Village of Monroe as additional Insured was filed with the application. PROMOTION JEFFREY L. DELUCA TO SERGEANT: On a motion by Trustee Wright seconded by Trustee Conklin, it was: RESOLVED, the Board of Trustees approve the appointment of Jeffrey L. DeLuca from the Certification of Eligible s Promotional Exam List 73057G dated 3/19/12 for Police Sergeant, to the position of Sergeant effective April 19, 2012 at an annual salary of $83,917. Ayes: Trustees Gormley, Chan and Wright and Conklin Mayor Purcell congratulated Sergeant DeLuca on his promotion and said it is great to see someone come up through the ranks and reach the next level. Applause and congratulations from the Board followed. FAIL-SAFE TECHNICAL ASSOCIATES FIRE ALARM SYSTEM SERVICE AGREEMENT: On a motion by Trustee Wright seconded by Trustee Conklin, the following service agreement was approved: RESOLVED, the Board of Trustees approved the renewal of the service agreement with Fail-Safe Technical Associates, Inc., 1882 Route 44, Pleasant Valley, NY Building Service Agreement on Fire Alarm System in the budgeted amount of $1, from A Contractual. Period 5/1/12-4/30/2013. Discussion followed. Attorney Bonacic had a question on the agreement that he has not had a response on. He will follow-up tomorrow with the Chief s secretary, Dianne Martini. MOTION WAS WITHDRAWN and matter was tabled to the April 17 th Agenda. GRANT WRITING SEMINAR CAB FARE REQUEST: DEPUTY CLERK DOHERTY Request was received from Deputy Clerk Doherty to attend a grant writing seminar on 4/3/12 sponsored by County of Orange Grant Program. The seminar is free of charge. Request for cab fare to and from the seminar to be held at Orange County Tourism, 124 Main Street, Goshen, NY. Grants are awarded to organizations that support artistic and cultural projects and performances to the general public. On a motion by Trustee Wright seconded by Trustee Chan, it was: RESOLVED, the Board approved Deputy Clerk Doherty s attendance at the County of Orange Arts Grant Program application overview seminar on Tuesday, April 3, 2012 at offered through Orange County Tourism, a division of O.C. Department of Planning, at their offices located at 124 Main Street, Goshen, NY from AM. Cab fare to and from, $42 to be allocated from budget line A

3 UNPAID PLANNING BOARD FEES AUTHORIZATION TO LEVY TO FY/13 TAX ROLL: On a motion by Trustee Chan seconded by Trustee Wright, it was: RESOLVED, in accordance with Village Code Chapter 180, Article V Levy for Unpaid and Delinquent Fees, Section 21 Unpaid and delinquent accounts, B, the Board directs that if the following outstanding Planning Board invoices are not paid by April 15, 2012, they are to be levied to the FY/2013 tax roll: Monroe Woodbury Jewish Community Center TM# $ John Bergandino dba Scepter signs, Inc. (Shoprite) TM# $ Michael Russo, Sunoco, Inc. TM# $ Marc Treiber Re: Fort Knox Self Storage TM# $ PUBLIC HEARING SCHEDULING: O C COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDING APPLICATION FY/2013 On a motion by Trustee Wright seconded by Trustee Chan, it was: RESOLVED, the Board of Trustees authorized a Public Hearing to be scheduled on Tuesday, April 17, 2012 at 6:45 PM to invite public comment and suggestions regarding projects to be considered for funding under the O.C. Community Development Program. Under this program, a variety of physical improvements as follows are eligible for funding: 1] Acquisition & Disposition of Real Property. 2] Public Works, public facilities or site improvements. 3] Code Enforcement (Housing & Health Codes). 4] Clearance, Demolition & Rehabilitation for public Use or Economic Development. 5] Housing Rehabilitation Loan and Grants. 6] Special Projects for Elderly and Handicapped. 7] Provision of Public Services (Shelters, Clinics, Senior Nutrition, Etc.). 8] Payment of non-federal shares of other grant programs. 9] Relocation payments and assistance. The deadline for submission is May 31, Ayes: Trustees Gormley, Wright and Conklin BUDGET ADOPTION FY/2013: Mayor Purcell commented that due to tax certioraris, our assessment dropped from $160,730,688 to $160,451,278 reducing our assessed value and therefore increases the tax rate from 2.82% to 2.99%. On a motion by Trustee Wright seconded by Trustee Chan, it was: RESOLVED, the Board of Trustees hereby adopts the Budget for Fiscal Year 2013 as follows: General Fund: $8,149,094 Water Fund: $1,712,630 Amount to be raised by Taxes: 5,747,998 Tax rate per thousand of assessed valuation: $35.82 (Increased: 2.99%)

4 INTRODUCTORY LOCAL LAW CHAPTER 163 SIDEWALK SALES PUBLIC HEARING: On a motion by Trustee Chan seconded by Trustee Gormley, with all in favor, it was: RESOLVED, the Board of Trustees does hereby schedule a Public Hearing to be scheduled on Tuesday, April 17, 2012 at 6:30 PM, to consider adoption of a Local Law as follows adding to and amending the Code of the Village of Monroe as follows: Adding to the code of the Village of Monroe, Chapter 163 entitled Sidewalk Sales. The purpose is to implement various provisions and changes relating to traffic flows, unsafe buildings, outdoor display of merchandise, restaurants and notification of public hearings conducted before the Village Planning Board. Chapter 43, Vehicles and Traffic, add Section 43-4 entitled Commercial motor vehicles prohibited on designated Village Streets Add entitled One-way Streets to subdivision (6) Chapter 200 Zoning, Section 45. Supplementary regulations applying to nonresidential districts (E) Outdoor Display of Merchandise amended to refer to Chapter 163 Chapter 200 Zoning Section 80-B entitled Unsafe buildings. Relabeling current Subsection 2 to read 2(a) and creating new subsection 2(b), 2 (c) and 2(d) Chapter 200 Zoning, Section 86 Planning Board Powers and Duties (B)(2) amended Chapter 200 Zoning, Section 86 Planning Board Powers and Duties. Add (J) entitled Notification Procedure for Public Hearings for Planning Board Chapter Senior Citizen Affordable Housing, (E) Application procedure (7) (f) amended Chapter 175, subdivision of land, 4 Approval of minor subdivisions (I) Notification procedure for Public Hearings shall be in accordance with J. Chapter 175, subdivision of land, 7 Final plat for major subdivision (H) Notification procedure for Public Hearings shall be in accordance with J. Chapter Preliminary plat for major subdivision. I. Preliminary public hearing Notification procedure for Public Hearing shall be in accordance with J. Amend Schedule I-D, Table of Use Requirements, CB District: 1. Under Column A Permitted Uses, delete subsection 5. Restaurant. 2. Under Column C Conditional Uses, add new subsection 10. Restaurant. 3. Amend Column D Use Group (Special Condition), to include r [200-59]. Amend Schedule I-F, Table of Use Requirements, GB District: 1. Under Column Conditional Uses, add new subsection 22. Restaurant. 2. Amend Column D Use Group (Special Condition), to include r [200-59]. Amend Zoning 200 Attachment 1 Zoning Catalog of Uses Amend Zoning 200 Attachment 1 Zoning Catalog of Uses SECTION 16: Severability Clause

5 SECTION 17: Effective Date Attorney Bonacic has been working with the Building Department to provide for some language under the code to address the ability for businesses to run sidewalk sales. The existing code does not have a lot of detail for that. Also there are changes requested by the Planning Board as it relates to noticing Public Hearings before them. Also changes for commercial traffic flows into the Village as well as directions from two-way to one-way. Lastly the Local Law will address unsafe buildings, the way the code is currently written, the only remedy is to go to Supreme Court. Case law states if you give a person due process you can do it other than going directly to court. Language has been added to provide if action is not taken by the property owner that we (the Board) can notice a Public Hearing and render a determination as to the condition and make a determination that the Village can move forward to make the repair or remove the structure. WEST LAW (MCKINNY S LAW) LAW BOOKS ON-LINE SUBSCRIPTION: On a motion by Trustee Conklin seconded by Trustee Wright, it was: RESOLVED, as a cost-effective measure, the Board approved the on-line subscription for Village Law Books, versus annual pocket part updates for 13 volumes, one user at a cost of $l,123/year for 36 months, allocated from budget. It is further RESOLVED, Mayor Purcell is authorized to sign the agreement with Thomson Reuters, West Payment Center, PO Box 6292, Carol Stream, IL PRESBYTERIAN CHURCH FEE WAIVER REQUESTS: REPLACEMENT DECK AT CHURCH MANSE, 131 STAGE ROAD AND RENTAL 393 SPRING STREET ROOF APPLICATION FEE AND BUILDING PERMIT FEE - DENIAL On a motion by Trustee Chan seconded by Trustee Gormley it was: RESOLVED, the Board of Trustees approved a waiver of the Application, Building Permit Fee associated with the replacement of the rear deck at the First Presbyterian Church Manse (resident) located at 131 Stage Road and authorize the Treasurer to refund to the First Presbyterian Church, 142 Stage Road, fees paid for Building Permit #9631 in the amount of $ (see receipt #2399) Ayes: None Nays: Trustees Gormley, Chan, Wright and Conklin On a motion by Trustee Wright seconded by Trustee Chan, it was: RESOLVED, the Board of Trustees approve the request of the First Presbyterian Church for the application / Building Permit Fee associated with the re-roofing of their rental property on the grounds of Seamanville Cemetery at 393 Spring Street. Ayes: None Nays: Trustees Gormley, Chan, Wright and Conklin Response will be sent advising that it is not the practice of the Village to provide for exemption of payment of fees to not-for-profit agencies whether religious or otherwise.

6 VILLAGE GATE SUBDIVISION BOND: BANK REPLACEMENT On a motion by Trustee Chan seconded by Trustee Wright, it was: RESOLVED, the Board of Trustees approved replacement of the existing Letter of Credit for 1997 Rockland Properties LTD (Village Gate subdivision, High Street) from Provident Bank, Third Amendment LOC# 2384 in the amount of $165,000 to Greater Hudson Bank LOC# 121 dated March 15, 2012 in the amount of $165, CREDIT CARD TAX PAYMENT OPTION: On a motion by Trustee Chan seconded by Trustee Wright, it was: RESOLVED, the Board accepted the Payment Processing Service Agreement through Value Payment Systems, LLC, J. Scott Slusser, Chief Marketing Officer,, 2207 Crestmoor Road, Suite 200, Nashville, TN whereby a convenience fee will be incurred by the credit card user currently at the following rates: 2.45% Visa, MasterCard and Discover Cards 2.45% MasterCard and Discover Debit Cards 2.45% American Express Credit Cards 3.95% Visa Consumer Debit Cards ACH Electronic Check It is further RESOLVED, that Mayor Purcell is authorized to sign the agreement with Value Payment Systems for a two year period. Section 7.1 Term automatically renew strike out MEMORIAL DAY PARADE BANNER ROAD CLOSURE APPROVAL: As the Building Inspector did not sign-off on the Event Application and the Certificate of Insurance is forthcoming this matter was tabled to the next meeting on April 17 th. MAYOR S COMMENTS: Mayor Purcell again congratulated newly elected Trustee Irene Conklin and looks forward to working with her. Mayor Purcell thanked Frank Eppinger for his 2 years on the Board for his hard work and hopes Frank will stay involved in the community. Operation Clean Sweep, Saturday, April 21 st at 8 AM. Kickoff is from St. Anastasia Church in Harriman. The Town of Monroe, Village of Monroe and Village of Harriman will assist by sending personnel from the DPW. Everyone is encouraged to come out volunteer with clean-up. BOARD COMMENT: Trustee Chan questioned the status of the Lenza property blight violation is at 411 Route 17M (TM# ). See minutes page 223, 2/7/12. Mayor Purcell said we have moved forward with the blight if there is no action on the part of the property owner. They have started to clean up the property. They will be applying for a Building Permit. The building will be demolished and removed. The project has been taken over by another contractor. The former contractor has made restitution to the property owner, Elsa Lenza, and is doing all the clean-up work. His trailers will be removed. Steve Brown will be the new contractor. A new building will be built on the existing footprint.

7 Trustee Wright thanked Mayor Purcell for his leadership. You run a good ship, he said. I welcome our new Trustee, Irene Conklin, and I hope the flow of this Board continues with the flavor of respect and admiration for opinion and direction of other Trustees. Again for all the dedication and leadership you have given to this Board and countless hours, thank you. I recognize, even as a Trustee as the Village Mayor you give a lot. Trustee Wright thanked his colleagues for the time taken from their personal lives to make this village a better place. PUBLIC COMMENT: PEOPLE PRESENT : 1 TIME: 7:50 PM Paulette Browne, 5 Windgate Court, asked if the Village has a Pooper Scooper Law. She lives at the end of a cul-de-sac and people have no regard for others and do not clean-up after their dogs. Ms. Browne will file a complaint with names of residents who need to know the law exists. Ms. Browne said at the March 22 nd Meeting she spoke about raises and was assured that 9 non-contractual employee did not get a raise last year. Ms. Browne said she should have used another term, Instead of raise she should have said compensation. In going through the minutes of last year on-line, after the Budget Public Hearing, she discovered a department head did receive compensation. Ms. Browne said she brought up at the Public Hearing that department heads are not over-time eligible anywhere else in most cases. Our Police Chief and DPW Superintendent s jobs are 24/7. When she came across the fact our DPW Supt. in the 10/18/11 Minutes, the Board came out of Executive Session and basically changed the Village Employee Handbook to eliminate the distinction of FLSA non-exempt and FLSA exempt employee. Mr. Smith was exempt and should not have been over-time eligible. But because you changed the handbook, he received almost $10,000 in extra compensation because he exceeded the allowable time limit of 40 hours by 195-1/2 hours. How in a 40 hour work week did ne over extend by all of these hours? When someone is overtime eligible it s per week not the amount of hours they work overtime. Mayor Purcell said he was compensated for work he did. Also our full-time Court Clerk was able to benefit by the change when her time exceeded and she was compensated for the time she worked. Mr. Smith is a Department Head, he is not overtime eligible, Ms. Browne said. Mayor Purcell said he is non-contractual and falls under the handbook. Non-contractual Department Heads should not be getting overtime, Ms. Browne said. The point is we have a very well paid department head that should be on duty 24/7 and shouldn t be compensated to the tune of almost $10,000. Mayor Purcell said people were compensated last year whether you consider it a raise or not he had a nice $10,000 raise, Ms. Browne said. EXECUTIVE SESSION: On a motion by Trustee Wright seconded by Trustee Gormley, and carried, the meeting was closed at 8:05 PM. Following a short recess, the Board convened in Executive session for discussion of personnel. Respectfully submitted, Virginia Carey Village Clerk