VILLAGE OF PELHAM BOARD OF TRUSTEES SCHEDULED MEETING

TUESDAY, MAY 3, 2005, 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

* 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, NY

TUESDAY, MAY 3, 2005

Mayor Michael J. Clain called the meeting to order at 7:30 p.m. and everyone recited the Pledge of Allegiance.

The following members of the Board of Trustees were present:

Mayor Michael J. Clain; Trustees Edward Hotchkiss, Peter Potocki, and Michael Rozycki.

The following Trustees were absent:  Trustees Ciro Greco, Mia Homan and David Merrick.

Village staff in attendance:

Village Administrator Richard Slingerland.

Item #3 – Mayor’s Report

The Mayor reported on the process being made by the Village’s Planning Consultants, Buckhurst, Fish and Jacquemart on the current conditions and information gathering.  He reported that there is an interest in developing the property.  He reported that Lester Kravitz has shown and interest in developing his Pelpark property.   

Item #4 – Trustee’s Reports

Trustee Potocki reported on the injury that happened with School Crossing Guard Shirley Hintzen, who was waiting in her car for her Crossing Guard post to begin, and whose car was hit while she was in it by an unattentive motorist on Boulevard.  The Board wished her a speedy recovery. 

Item #5 – Village Administrator’s Report

Village Administrator Slingerland reported that the CSEA contract had been settled, and the Memorandum of Understanding would be on the agenda of the May 17, 2005 Board Meeting for the Board to consider.

Item #6 – Public Comment

Mr. Pat DeAngelis of 200 Sparks Avenue, owner of 139 Wolfs Lane, addressed the Board and requested the Board again to approve his submitted awning application.  Mayor Clain asked Mr. DeAngelis to come back on May 17^th, after he had met with a representative of the Architectural Review Board and reached some kind of solution.  Administrator Slingerland mentioned that the Board had first heard an appeal by Mr. DeAngelis at a meeting in October, 2004, but that he had never submitted new drawings or a revised application.  Trustee Potocki mentioned that he did not recall the Board voting on the matter.

John Cassone of 7^th Avenue mentioned 2 new “jumbo” or hood-boxes across from the New Rochelle Post Office, at Huguenot and North, and asked if the Village could request the Post Office to install a new box on Pelhamwood like those.

Trustee Potocki had one more item to report, that the Police Department, represented by Police Officer James Mitrione, would be making a presentation about the Emergency Response Team at the Board Meeting on May 17^th.  He explained that such a team has a high level of tactical training.  Mayor Clain mentioned that he and Administrator Slingerland had met with Congresswoman Lowey about funds to address flooding, intermodal issues, and an emergency response team.

Administrator Slingerland reported on one more item, that the County Health Department had shut down a couple of painting job sites in Pelham, due to lead concerns caused by the sanding operations of the painting companies, and that other residents and homeowners should be forewarned.

Item #7 -- Awarding Contract 2005-05 for Traffic Signal Upgrades and Improvements along Colonial Avenue at the intersections with Wolfs Lane and Pelhamdale Ave., to be funded by the Sandford Boulevard lawsuit settlement escrow.

* This item was tabled, to allow for further discussion with the Council of Governing Boards.

Item #8 -- Authorizing a contract with the Westchester County Clerk’s Office for online access to Westchester County land records.

* This item was tabled, with the request that the Administrator obtain more information for the Board to make an informed decision.

Item #9 -- Authorizing acceptance of additional gifts to provide funds for the Police K-9 program.

After discussion, on the motion of Trustee Potocki, seconded by Trustee Rozycki, the Board of Trustees adopted the following resolution unanimously by vote of four in favor, none opposed, three absent (Greco, Homan, Merrick) as follows:

RESOLUTION

UNDER THE NYS GEN. MUN. LAW 119, SECTION O 2.f.

AUTHORIZING THE ACCEPTANCE OF DONATIONS

TOTALING $700 TO FUND THE RESTORATION OF

THE PELHAM K-9 POLICE DOG PROGRAM

RESOLVED, that the Board of Trustees of the Village of Pelham, pursuant to the New York State General Municipal Law 119, Section O 2. f. hereby authorizes the acceptance of donations from various groups and organizations totaling seven hundred dollars ($700) to fund the restoration of the Pelham Police Department’s K-9 police dog program, and authorizes the Mayor, the Administrator/ Treasurer and the Police Chief to take the necessary and appropriate actions to accept and administer these funds.

Item #10 -- Authorizing an Agreement with the Westchester Urban County Consortium, allowing the Village of Pelham to continue to participate in the CDBG Program.

After discussion, on the motion of Trustee Potocki, seconded by Trustee Rozycki, the Board of Trustees adopted the following resolution unanimously by vote of four in favor, none opposed, three absent (Greco, Homan, Merrick) as follows:

RESOLUTION

AUTHORIZING THE VILLAGE OF PELHAM TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF

WESTCHESTER FOR THE PURPOSE OF UNDERTAKING A COMMUNITY DEVELOPMENT PROGRAM

WHEREAS, the Secretary of Housing and Urban Development of the United States is authorized, under Title 1 of the Housing and Community Development Act of 1974, as amended, and Title II of the National Affordable Housing Act of 1990, as amended, to make grants to states and other units of general local government to help finance Community Development Programs; and

WHEREAS, Section 99-h of the General Municipal Law of the State of New York grants to any municipal corporation the power, either individually or jointly with one or more municipal corporations, to apply for, accept and expend funds made available by the federal government, either directly or through the State, pursuantto the provisions of any Federal law which is not inconsistent with the statutes or constitution of this State, in order to administer, conduct or participate with the Federal government in programs relating to the general welfare of the inhabitants of such municipal corporation; and

WHEREAS, the Housing and Community Development Act of 1974, as amended, Title II of the National Affordable Housing Act of 1990, as amended, and any “Eligible Activities” thereunder are not inconsistent with the statutes or Constitution of the State of New York; and

WHEREAS, a number of municipalities have requested Westchester’s participation and the County of Westchester has determined that it is desirable and in the public interest that it make application for Community Development Block Grant funds and HOME funds as an Urban County; and

WHEREAS, participation by the County of Westchester as an Urban County in the Community Development Program requires that the Village of Pelham, NY, and the County of Westchester cooperate in undertaking, or assisting in undertaking, essential community development and housing activities, specifically those activities authorized by statutes enacted pursuant to Article 18 of the New York State Constitution; and

WHEREAS, the Board of Trustees of the Village of Pelham deems it to be in the public interest for the Village of Pelham to enter into a Cooperation Agreement with the County of Westchester for the aforesaid purposes.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the Village of Pelham is authorized to execute a Cooperation Agreement between the Village of Pelham and the County of Westchester, for the purpose of undertaking a Community Development Program pursuant to the Housing and Community Development Act of 1974, as amended, and Title II of the National Affordable Housing Act of 1990, as amended, and the Mayor and Administrator are authorized to take the necessary and appropriate actions to execute this agreement and other related documentation.

Item #11 -- Discussing the applications to the CDBG program for Federal Fiscal Years 2006 through 2008.

Administrator Slingerland and Trustee Rozycki reported that they had driven around Pelham with the representatives from the Westchester County Planning Department/Urban County Consortium, and had discussed grant projects that would build on past and present projects, and address problems and issues experienced in the low- to moderate-income neighborhoods identified in the Village of Pelham.

These include primarily the next portion of the Flooding Remediation project (Phase 2), the Sidewalk and Streetscape improvement projects in the low- to moderate-income neighborhoods, bounded by 1^st Street and 6^th Street, and running from 4^th Avenue west to 1^st Avenue and River Avenue, and a Downtown Streetscape Improvement Project, in the area of 5^th Avenue, running from 6^th Street to Willow Avenue.

The Board discussed and agreed upon these items to continue progress made by past projects. 

There was no speaker or resident who had any comment on these projects or grant applications.

Administrator Slingerland advised the Board that the resolutions authorizing the grant applications would be on the agenda for the May 17^th Board Meeting.

Item #12 -- Approval of accounts payable and authorization of payment.

After discussion, on the motion of Trustee Potocki, seconded by Trustee Rozycki, the Board of Trustees agreed to authorize the accounts payable pending review by the Administrator of the Labor Counsel Legal Fees, and they adopted the following resolution unanimously by vote of four in favor, none opposed, three absent (Greco, Homan, Merrick) 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                                                                 $27,478.91

Water Fund                                                                    $17,357.45

Capital Projects Fund                                                             $0.00

Trust and Agency Fund                                                       $600.00

H3 Fund                                                                                 $0.00

                                               Grand Total                     $45,436.36

NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof.

Item #13 – Old Business/New Business:  There was no old or new business to add to the agenda.

Item #14 – Minutes of March 15, 2005 and April 4, 2005:  Both these items were tabled to a future Board Meeting.

Item #15 – Adjournment – The Board agreed to adjourn the Public Portion of the Board Meeting and go into Executive Session, after which they would conclude all business.  The matters to be discussed were matters of potential litigation and personnel matters.  On the motion of Trustee Potocki, seconded by Trustee Rozycki, the Board of Trustees agreed to adjourn the Board Meeting at 8:25 p.m. unanimously by vote of four in favor, none opposed, three absent (Greco, Homan, Merrick).

Respectfully submitted,

Richard Slingerland, Administrator/Deputy Clerk