VILLAGE OF PELHAM

BOARD OF TRUSTEES MEETING

TUESDAY, DECEMBER 21, 2004, 8:00 PM

VILLAGE HALL - 195 SPARKS AVENUE, PELHAM, NY

MINUTES

1.                  Call Public Meeting To Order

2.                  Pledge of Allegiance

3.                  Mayor’s Report

4.                  Trustees’ Reports

5.                  Village Administrator’s Report

6.                  Public Comment                                                                                 Approximate

                                                                                                                                      StartingTime

      #       Agenda Items:                                                                                             of Discussion

* Next meeting of the Board of Trustees – 8 p.m. Tuesday, January 4, 2004

Agenda is subject to change until the night of the meeting.

MINUTES OF A REGULAR MEETING OF THE

VILLAGE OF PELHAM BOARD OF TRUSTEES

VILLAGE HALL, 195 SPARKS AVENUE, PELHAM, NEW YORK

DECEMBER 21, 2004

There was a pre-meeting Executive Session on a personnel matter relating to the Police Department.

Mayor Michael J. Clain called the public portion of the meeting to order at 8:00 p.m., and the pledge of allegiance followed.

The following members of the Board of Trustees (BOT) were present:

Mayor Michael J. Clain; Trustees Ciro Greco, Mia Homan, Edward Hotchkiss, David Merrick and Peter Potocki

Absent:  Trustee Michael Rozycki.

Village staff attending the meeting was:

Village Administrator Richard Slingerland

Item #3 – Mayor’s Report:  Mayor Clain reported on the Village’s continuing negotiations with the Ginsburg Development Corporation to re-route the storm and sanitary sewers currently running beneath the planned location of their townhouse units, to go beneath the street along First Avenue down to the Hutchinson River, and the Westchester County sewer main in the bed of the Hutchinson River.  He explained that the Village is seeking to obtain a contribution from Ginsburg to help fund the relocation, and that the Village would use the CDBG grant to match as well. 

The Mayor reported on the RFP for the Village property site plan, and informed the public that 10-15 companies had been contacted and had received the bid package.  He also reported on installing additional lighting around the Train Station to improve safety.

Item #4 – Trustees’s Reports:

Trustee Greco reported that the contract with the Uniformed Firefighters was approved and would be signed.  He thanked everyone for cooperating to reach a conclusion with the negotiations.

Trustee Potocki made a brief report on the Police K-9 program, and a reminder that the Village is accepting donations to buy a new dog.  He mentioned the ongoing contract negotiations with the police officers.  Trustee Potocki also mentioned the model being prepared by Chief Benefico for a Police Department combined or shared with Pelham Manor.  He estimated a minimum savings from a shared department of $400,000, and that the net savings in comparison to Eastchester could be closer to $680,000, with 4 less police officers, achieved through retirement and attrition.  He also reminded that meter keys are still available and would make nice stocking stuffer Christmas presents.

Trustee Homan reported collective bargaining negotiations were continuing with CSEA.

Trustee Hotchkiss reported on the internet site, and said the Village would make an announcement on the TV station when the website was completed and put online.  Administrator Slingerland made a reminder that the Financial Planning Committee Report would be re-issued and taped on January 13^th.

The Board discussed and the Mayor announced he would appoint a Committee on the January 4^th Board Meeting to work with Trustee Greco to review the Code and make recommendations to amend and simplify the land-use process.  Trustee Greco mentioned to prepare for the Mayor’s Committee, he suggested the three Board chairs – Gwen Tapogna, Nigel Scott-Williams and David Daly – and Bruce Withers and Ken Shireffs.

Item #5 – Village Administrator’s report:  Administrator Slingerland had nothing new to report.

Item #6 – Public Comment:  There was no comment from the public.

Item #7 -- Public Hearing on a draft proposed local law to amend Chapter 84 of the Pelham Village Code requiring all taxicabs to have a “taxicab” license plate.

The Administrator explained this proposed amendment would formalize and reinforce a procedure the Police had been applying using the State Vehicle and Traffic Law, to require taxicabs to have taxicab license plates.

The Mayor opened the public hearing, and there was no comment from the public.

LOCAL LAW NUMBER #8 OF 2004
A local law, amending Chapter 84 of the Code of the Village of Pelham to require all taxicabs to have a “taxicab” license plate.

Be enacted by the Board of Trustees of the Village of Pelham, (language in underline to be added to the Village Code) as follows:

Section 1.

§ 84-2.  License required.  [Amended 9-17-2002 by L.L. No. 4-2002]

From and after the date this chapter becomes effective, the owner of every taxicab and bus offered for hire in the Village of Pelham and used for the transportation of persons over or upon the streets of the Village of Pelham and every driver of any such taxicab or bus shall be licensed as herein provided. All vehicles operating as taxicabs shall bear a “taxicab” license plate and be registered and licensed with the New York State Department of Motor Vehicles as such.  For purposes of this section, the term "offered for hire" shall include, but not be limited to, any vehicle that solicits passengers at the Pelham train station, solicits, advertises or markets the service targeted to residents in the Village of Pelham, or stops if hailed for service on the streets of the Village of Pelham.

Section 2.  This local law shall take effect upon its adoption and filing with the Secretary of State.

Item #8 -- Authorizing renewal and continued participation by the Village of Pelham in the updated Westchester County Police Mutual Aid and Rapid Response Plan.

The Board discussed the contract and the backup documentation, and agreed to authorize it subject to the Police Chief’s reviewing and confirming the numbers shown as response levels for Pelham.

After discussion and on the motion of Trustee Potocki, seconded by Trustee Homan, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of six in favor, none opposed, one absent (Rozycki) as follows:

RESOLUTION

AUTHORIZING RENEWAL AND CONTINUED PARTICIPATION BY

THE VILLAGE OF PELHAM

IN THE UPDATED WESTCHESTER COUNTY

POLICE MUTUAL AID AND RAPID RESPONSE PLAN

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the renewal of an agreement and continued participation by the Village of Pelham in the updated Westchester County Police Mutual Aid and Rapid Response Plan; and

BE IT RESOLVED, that the term of the agreement shall be for a five (5) year period commencing on or about January 31, 2005, with one (1) option for a five-year (5) renewal to renew upon mutual consent until January 31, 2015; and

BE IT FURTHER RESOLVED, that the Mayor, the Village Administrator, the Village Attorney are authorized to take all necessary and appropriate actions, including signing all documents, to effect this agreement, subject to the Chief of Police looking at and correcting the numbers stated in part 20 regarding Zone A of the agreement.

Item #9 -- Authorizing renewal and continued participation by the Village of Pelham in the Westchester County Stop DWI Patrol/Datamaster Project with funding from the County not to exceed $8,400.

The Board discussed the renewal, and asked that the request be made up front for the additional $2,400, to reach the full $8,400 reimbursement. 

After discussion and on the motion of Trustee Potocki, seconded by Trustee Homan, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of six in favor, none opposed, one absent (Rozycki) as follows:

RESOLUTION

AUTHORIZING RENEWAL AND CONTINUED PARTICIPATION BY

THE VILLAGE OF PELHAM

IN THE WESTCHESTER COUNTY STOP DWI PATROL/DATAMASTER PROJECT

WITH FUNDING FROM THE COUNTY NOT TO EXCEED $8,400

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the renewal of an agreement and continued participation by the Village of Pelham in the Westchester County Stop DWI Patrol/Datamaster Project With Funding From The County Not To Exceed $8,400, to be submitted with a request from the Board for the additional $2,400 to reach the total $8,400; and

BE IT RESOLVED, that the term of the agreement shall be for a one (1) year period commencing on or about January 1, 2005 and finishing December 31, 2005; and

BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Pelham does hereby request the additional $2,400, for the full amount of the $8,400 DWI Patrol/Datamaster program; and

BE IT FURTHER RESOLVED, that the Mayor, the Village Administrator, the Village Attorney and the Police Chief are authorized to take all necessary and appropriate actions, including signing all documents, to effect this agreement.

Item #10 -- Authorizing renewal and participation by the Village of Pelham in an Inter-Municipal Agreement (IMA) with the City of New Rochelle for the disposal of Yard Waste and Organic Waste.

After discussion and on the motion of Trustee Homan, seconded by Trustee Greco, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of six in favor, none opposed, one absent (Rozycki) as follows:

RESOLUTION

AUTHORIZING AN AGREEMENT BETWEEN

THE CITY OF NEW ROCHELLE AND THE VILLAGE OF PELHAM

FOR THE DISPOSAL OF YARD WASTE AND FALL LEAVES AT THE

CITY OF NEW ROCHELLE YARD WASTE TRANSFER STATION

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes renewal of an agreement between the Village of Pelham and the City of New Rochelle for the Disposal of Yard Waste and Fall Leaves at the City of New Rochelle Yard Waste Transfer Station, per the agreement provided for by the City of New Rochelle (attached hereto and made a part hereof); and

BE IT FURTHER RESOLVED, that the tipping fee for the 2005 year is set at eighteen dollars and seventy-four cents ($18.74) per ton of material deposited at the City of New Rochelle Yard Waste Transfer Station; and

BE IT FURTHER RESOLVED, that the Mayor and the Village Administrator are authorized to sign this agreement and to take the necessary and appropriate actions to effect this agreement.

Item #11 -- Authorizing continuation of a permit with the New York State Department of Transportation for use as a snow-dump of the property along the west side of First Avenue, between Lincoln Avenue and River Avenue, for one dollar a year ($1), fee waived.

After discussion and on the motion of Trustee Greco, seconded by Trustee Merrick, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham, six in favor, one absent (Rozycki) as follows:

RESOLUTION

AUTHORIZING RENEWAL AND CONTINUED PARTICIPATION BY

THE VILLAGE OF PELHAM WITH THE STATE OF NEW YORK

ON A PERMIT FOR THE VILLAGE OF PELHAM TO CONTINUE TO USE

STATE-OWNED PROPERTY AS A SNOW-DUMP ALONG THE

WEST SIDE OF FIRST AVENUE BETWEEN LINCOLN AVE. AND RIVER ST.

FOR THE FEE OF $1 PER YEAR, FEE WAIVED

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the renewal of an agreement and permit for continued use by the Village of Pelham of State-owned property as a snow-dump along the west side of First Avenue, between Lincoln Avenue and River Street; and

BE IT FURTHER RESOLVED, that on the cost of one-dollar per year ($1), fee waived, this permit allows use by the Village of the property in question, only for the purposes mentioned, specifically for storage of municipal vehicles and snow, and for no other purpose, but the Village of Pelham is required to name the state as additional insured and provide the State with proof of liability insurance with a limit of up to two million dollars ($2 million); and

BE IT FURTHER RESOLVED, that the Mayor, the Village Administrator, the Village Attorney are authorized to take all necessary and appropriate actions, including signing all documents, to effect this agreement.

Item #12 – Old Business/New Business.  There was no Old Business or New Business discussed.

Item #13 – Approval of Accounts Payable and authorization to make payment.

After discussion and on the motion of Trustee Homan, seconded by Trustee Merrick, the following resolution was adopted by unanimous vote of the Board of Trustees of the Village of Pelham by vote of six in favor, none opposed, one absent (Rozycki) as follows:

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                                                        $214,128.88

Water Fund                                                              $17,201.30

Capital Projects Fund                                          $254,092.87

Trust and Agency Fund                                                    $0.00

H3 Fund                                                                                0.00

                                               Grand Total             $485,423.05

NOW, THEREFORE, BE IT

RESOLVED, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof.

Item # 14 – Motion to approve the minutes.  No minutes were approved this meeting.

Item #15 – Adjournment.  Executive Session – On the motion of Trustee Homan, seconded by Trustee Greco, the Board agreed unanimously to enter into Executive Session to discuss personnel matters regarding the police and fire department.  On the motion of Trustee Homan, seconded by Trustee Merrick, the Board agreed unanimously by vote of six to none, Rozycki absent, to adjourn the public portion of the Board Meeting after completing their executive session.  Meeting adjourned at 9:45 p.m.

Respectfully submitted,

Richard Slingerland

Administrator/Deputy Clerk