VILLAGE OF PELHAM BOARD OF TRUSTEES SCHEDULED MEETING
TUESDAY, MAY 4, 2004, 8:00 PM
VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY
1. Call To Order
2. Pledge of Allegiance
3. Report: Rick Striano, Fire Lieutenant and Volunteer Coordinator, Pelham Fire Dept.
4. Mayor’s Report
5. Trustees’ Reports
6. Village Administrator’s Report
7. Public Comment Approximate
StartingTime
# Agenda Items: of Discussion
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Personnel Matters |
8:20 p.m. |
|
8 |
Resolution ratifying the nomination of the Volunteer Deputy Chiefs in the Pelham Fire Department |
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Public Hearing – Site Plan application |
8:30 p.m. |
|
9
|
Public hearing on an application by DeDona for a site plan to construct a new home on Corona Avenue |
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|
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Bond Resolution |
10:30 p.m |
|
10 |
Resolution authorizing the issuance of Bonds in the amount of up to $315,000 for sewer projects budgeted in the 2003-2004 and 2004-2005 FYs.
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|
|
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Calls for Public Hearings to be Held on May 18th |
10:40 p.m. |
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11 |
Continued public hearing on a draft law enacting a new Chapter 68 Of The Village Code, With Regard To Regulations That Limit Noise in Pelham.
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|
|
12 |
Continued public hearing on Revised draft of Law re: Notice of a Public Hearing to be held on March 16, 2004 on a draft Local Law with regard to Solid Waste (includes garbage, recycling and litter), to replace Chapters 57 on Litter and 70 on Recycling. |
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|
13 |
Call for a public hearing on a draft proposed local law to amend the Code of the Village of Pelham to require that land-use applicants pay the professional fees of any advisors retained by the Village in connection with the review of their applications. |
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|
14 |
Call for a public hearing on a draft proposed local law to amend the Code of the Village of Pelham with regard to allowing recognized Electrical Inspection Agencies to perform electrical inspections in the Village of Pelham. |
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15 |
Call for a public hearing for May 18 on the request by residents of 155 Harmon Avenue (Smith) to purchase a 10-foot wide strip of surplus village property along “Little Young” Avenue. |
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Housekeeping |
10:45 p.m. |
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16
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Old Business/New Business – Investment policy to be considered on May 18th. Executive Session on Contractual Matters; School's request for no parking around the entrance/exit to the parking lot; and Parking Fine Reduction By Paying By End Of Next Business Day |
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17 |
Minutes |
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18 |
Adjournment |
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MINUTES
VILLAGE OF PELHAM BOARD OF TRUSTEES MEETING
TUESDAY, MAY 4, 2004, 8:00 PM
PRESENT: Mayor Clain, Trustees Greco, Homan, Hotchkiss, Merrick, Potocki and Rozycki. Administrator Slingerland, Village Attorney R. Tracy, Secretary Stiefvater, Building Inspector Russo.
Mayor Clain convened the meeting at 8:10 p.m. and everyone recited the Pledge of Allegiance.
Item # 3 – Report: Rick Striano, Fire Lieutenant and Volunteer Coordinator, Pelham Fire Dept.
Mr. Striano presented his report on the Volunteer Firefighters. He discussed the recruitment efforts, equipment needs, training issues for interior-certified firefighters, and specifications on the new Fire Department Ladder Truck. He commented that it would be nice to do more with the Pelham Manor volunteers. He noted that the call volume is heavy, although the annual number of actual fires is about 12. Mayor Clain thanked him and the other volunteer firefighters for giving up their time and making personal contributions to the Village. Trustee Homan asked if there had been problems with the pagers. Mr. Striano explained that there are problems, based on which tower a call is broadcast from, and that the department has a major need for more and better radios.
Item #4 – Mayor’s Report: Mayor Clain reported on the status of the Metro North track improvements. He also thanked the Pelham Preservation Society for the landscaping around the station and along First Street.
Item #5 – Trustee’s Reports:
Item #6 – Village Administrator’s Report: Administrator Slingerland reported on the upcoming Chamber Fair, that the Parking Lot 1 swap/transfer had been completed with Ginsburg Development Corporation, that New Rochelle was proposing homes on Inwood Place, and the Village had objected to additional sewage being added to the Village of Pelham’s lines in that area. He also gave the status report on the new traffic lights on 5th Avenue, he gave an update on paving Pelhamdale Avenue with the City of New Rochelle, and gave a status report on the repairs to the Harmon Avenue Clocktower.
Item #7 – Public Comment:
Carmine Papa of Wolfs Lane complained about the expenses of Village government, the Police Department, that the parking meters are not enforced fairly, and that the Village should put “Courtesy, Professionalism and Respect” on the emblem of the Pelham Police Cars.
Mike Guido of 7th Avenue asked for a “No Parking – Here to Corner” on 7th Avenue, south from Lincoln Avenue to the first driveway on the east side of the street.
Mrs. Nichols stated that there had been 3 very serious near-fatal traffic accidents in the Village, and that drivers are not giving pedestrians the right-of-way. She felt that there is insufficient traffic enforcement.
The Board then proceeded to the items of business on the agenda.
Item # 8 -- Resolution ratifying the nomination of the Volunteer Deputy Chiefs in the Pelham Fire Department:
After discussion and on the motion of Trustee Greco, seconded by Trustee Homan, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of seven in favor, none opposed, as follows:
RESOLUTION
RATIFYING THE NOMINATION OF THE
VOLUNTEER DEPUTY FIRE CHIEFS
IN THE VILLAGE OF PELHAM FIRE DEPARTMENT
BE IT RESOLVED, by the Board of Trustees of the Village of Pelham that the nominations of the Pelham Fire Council for the Volunteer Deputy Fire Chiefs are ratified and approved, as follows:
Chief of Department – Robert Glover
1st Deputy Fire Chief – Edward Rayner
2nd Deputy Fire Chief – Richard Carfora
Administrative Deputy Fire Chief – Oronzo Giustino
AND BE IT FURTHER RESOLVED, that the Mayor, Village Administrator and Fire Chief are authorized to take the necessary and appropriate actions to effect these appointments.
VOTING AYE: Mayor Clain, Trustees Greco, Homan, Hotchkiss, Merrick, Potocki and Rozycki.
VOTING NO: None.
Item # 9 -- Public hearing on an application by DeDona for a site plan to construct a new home on Corona Avenue.
Mr. Joshua Grauer of Cuddy and Feder gave a presentation on the application by Mr. Joseph DeDona to build a one-family home on a 10,000 square foot lot on Corona Avenue. He introduced Mr. Ferrarone (MAI) as the appraiser for the applicant. He explained the application, and discussed the process which led to his client requesting review by the Mayor and Board of Trustees, although they lacked approval by the Architectural Review Board or the Planning Board. There was some discussion by the Board and the applicant of the process, tone and content of Mr. Grauer’s presentation.
Gwen Miller Tapogna, Planning Board Chairwoman, gave a prepared on the application.
At approximately 11:45 p.m., the matter was opened to public comment from those present at the hearing.
David Grigg, of 235 Elderwood, immediately next to the new home, was concerned about what he saw as “horse-trading” and asked that the garage and brick wall in the rear of the new home be reduced in scale.
Steve Quintin read into the record the Arthur Savage letter and objections of May 3rd, since he could not attend.
Hubert Riesenmeyer spoke and asked that all the parties try to come to some agreement.
Joseph T. Hall, former ZBA Chairman, was pleased with the Georgian style, and thought it would enhance the neighborhood.
Ellen Albert, 235 Elderwood Avenue, commented that there was a lot of animosity, and stated that the applicants 50% coverage of the lot was allowing a structure to be built that was “huge” for the lot.
Tom Aust said the Board of Trustees should rely on the reports and expertise of the ARB and Planning Bd.
Jim Blinn, 207 Corona, said he did not want the new home to ruin the character of the neighborhood.
Mark Rookwood, 216 Corona, said the project should not be “overlarge.”
Mary Quintin said the house was too big for the lot, and too tall in relation to neighboring homes.
Mr. Grauer gave his summary of the application.
Nigel Scott-Williams, Architectural Review Board Chairman, gave the board his recommendation, and asked the Mayor and Board not to consider approving the application at this time.
The Mayor and Board discussed the matter, and on the motion of Trustee Merrick, seconded by Trustee Greco, decided unanimously to refer the matter back to the ARB and Planning Board for review at Special Meetings, and then report back to the Board of Trustees on May 18, 2004.
Discussion on this matter concluded at approximately 12:45 a.m.
Item #10 -- Resolution authorizing the issuance of Bonds in the amount of up to $315,000 for sewer projects budgeted in the 2003-2004 and 2004-2005 FYs.
The Board was referred to the Squire Sanders & Dempsey cover letter dated April 28, 2004. Due to a mathematical error, the original amount requested by the Administrator was $460,000 for the sewer bond. The actual total amount of work to be done as provided for in the Village’s capital plan is $315,000. The Fire Truck Bond will be held in abeyance until after we have received and awarded bids for its purchase, then the bond will be adopted before the contract resolution is approved, which can both occur on the same night, as long as the funding is approved first.
After discussion and on the motion of Trustee Homan, seconded by Trustee Potocki, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of seven in favor, none opposed, as follows:
BOND RESOLUTION, DATED MAY 4, 2004, AUTHORIZING THE ISSUANCE OF UP TO $315,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF PELHAM, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO THE SEWER SYSTEM IN AND FOR THE VILLAGE.
WHEREAS, the Board of Trustees of the Village of Pelham (the “Village”), located in Westchester County, in the State of New York (the “State”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the acquisition, construction and reconstruction of improvements to the sewer system in and for the Village at a total estimated cost not to exceed $315,000, in accordance with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Pelham, as follows:
Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $315,000 pursuant to the Local Finance Law, in order to finance the costs of the specific objects or purposes or class of objects or purposes hereinafter described.
Section 2. The specific objects or purposes or class of objects or purposes to be financed by the issuance of such serial bonds are the costs of the acquisition, construction and reconstruction of improvements to the sewer system in and for the Village (the “Project”).
Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum costs of the Project are not to exceed $315,000; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from (i) the proceeds of the serial bonds or bond anticipation notes authorized herein; and (d) the maturity of the obligations authorized herein will be in excess of five (5) years.
Section 4. It is hereby determined that the Project is a specific object or purpose or class of object or purpose described in subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is thirty (30) years. The serial bonds authorized herein shall have a maximum maturity of thirty (30) years computed from the earlier of (a) the date of the first issue of such serial bonds, or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
Section 5. Subject to the terms and conditions of this bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this bond resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this bond resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Administrator/Treasurer, as the chief fiscal officer of the Village. The Village Administrator/Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this bond resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Administrator/Treasurer.
Section 6. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.
Section 7. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Pelham Weekly, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this bond resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this bond resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State.
Section 8. Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment.
Section 9. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the facilities financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purpose on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village.
Section 10. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this bond resolution (the “obligations”), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance which the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Administrator/Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Administrator/Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Administrator/Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village. The Village Administrator/Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made.
Section 11. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
VOTING AYE: Mayor Clain, Trustees Greco, Homan, Hotchkiss, Merrick, Potocki and Rozycki.
VOTING NO: None.
Item # 11 – Continued public hearing on a draft law enacting a new Chapter 68 Of The Village Code, With Regard To Regulations That Limit Noise in Pelham:
This matter was continued over to the May 18, 2004 Board Meeting.
Item #12 -- Continued public hearing on Revised draft of Law re: Notice of a Public Hearing to be held on March 16, 2004 on a draft Local Law with regard to Solid Waste (includes garbage, recycling and litter), to replace Chapters 57 on Litter and 70 on Recycling.
This matter was continued over to the May 18, 2004 Board Meeting.
Item #13 -- Call for a public hearing on a draft proposed local law to amend the Code of the Village of Pelham to require that land-use applicants pay the professional fees of any advisors retained by the Village in connection with the review of their applications.
After discussion and on the motion of Trustee Potocki, seconded by Trustee Rozycki, the following resolution calling for a public hearing was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of seven in favor, none opposed, as follows:
RESOLUTION
CALLING FOR A PUBLIC HEARING
TO BE HELD ON TUESDAY, MAY 18, 2004
ON A DRAFT PROPOSED LOCAL LAW TO AMEND
THE CODE OF THE VILLAGE OF PELHAM
TO REQUIRE THAT LAND-USE APPLICANTS PAY
THE PROFESSIONAL FEES OF ANY ADVISORS
RETAINED BY THE VILLAGE IN CONNECTION
WITH THE REVIEW OF THEIR APPLICATIONS.
BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby gives notice that there will be a Public Hearing at 8 p.m. on Tuesday, May 18, 2004, in Village Hall, 195 Sparks Avenue, Pelham, New York, to enact a new section of the Pelham Village Code, amending the code of the Village of Pelham to require that land-use applicants pay the professional fees of any advisors retained by the village in connection with the review of their applications.
Copies of the draft proposed local law is available for review during normal business hours of 8 a.m. to 5 p.m. at Pelham Village Hall, 195 Sparks Avenue, Pelham, New York, 10803.
By Order Of the Mayor and Board Of Trustees
Tuesday, May 4, 2004
VOTING AYE: Mayor Clain, Trustees Greco, Homan, Hotchkiss, Merrick, Potocki and Rozycki.
VOTING NO: None.
FIRST DRAFT 8/13/03
LOCAL LAW NUMBER __ OF 2004
A draft proposed local law that requires land-use applicants to reimburse the Village for the professional fees that the Village incurs during the review of their applications before the Village’s land-use Boards.
Be enacted by the Board of Trustees of the Village of Pelham as follows:
Section 1
A new chapter is enacted as follows:
CHAPTER 69 (OR CHAPTER 70 AFTER IT IS REPEALED)
PROFESSIONAL FEES
(CH = New Chapter Number)
§ CH – 1. Engagement of professionals; compensation for services.
The Village of Pelham Board of Trustees, the Zoning Board of Appeals (ZBA), the Planning Board (PB) and the Architectural Review Board (ARB), in the review of any application, may refer to any such application presented to it to such engineering, planning, legal, technical or environmental consultant or other professional consultant as such Board shall deem reasonably necessary to enable it to review such application as required by law. Charges made by such consultants shall be in accord with charges usually made for such services in the metropolitan New York region or pursuant to an existing contractual agreement between the Village and such consultant. The applicant shall reimburse the Village for the cost of such consultant services upon submission of a copy of a Village voucher. In the event that an application is required to be reviewed by more than one (1) Board, then to the extent practicable all Boards shall use the same consultant, who shall prepare to the extent practicable one (1) report providing the data, information and recommendations requested. In all instances, the Village will attempt to avoid duplications of consultants’ reports or services in order to minimize where practicable the cost of such consultants’ reports or services to the applicant. The above fees are in addition to any and all other fees required by any other law, rule or regulation or the Village Code.
§ CH – 2. Escrow accounts.
At the time of submission of any application, or thereafter, the reviewing board may require the establishment of an escrow account, from which withdrawals shall be made to reimburse the Village for the costs of professional review services. The applicant shall then provide funds to the Village for deposit into such account in an amount to be determined by the reviewing board based on its evaluation of the nature and complexity of the application. The applicant shall be provided with copies of any Village voucher for such services as they are submitted to the Village. When the balance in such escrow account is reduced to one-third (1/3) of its initial amount, the applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within thirty (30) days after the applicant is notified, in writing, of the requirement for such additional deposit, the reviewing Board may suspend its review of the application. Any application shall be deemed incomplete if any amount shall be outstanding. No building permit or certificate of occupancy or use shall be issued unless all professional review fees charged in connection with the applicant’s project have been reimbursed to the Village. After all pertinent charges have been paid, the Village shall refund to the applicant any funds remaining on deposit.
§ CH – 3. Collection of fees.
All fees required pursuant to this chapter shall be collected by the Village Clerk or the Village Treasurer.
§ CH – 4. Applicability.
This chapter shall be applicable to applications pending at the time it shall become effective, unless the reviewing board shall determine that its application would be impracticable, unfair or unjust in the particular circumstances. Where this chapter shall be applicable to a pending application, it shall require an applicant only to pay for professional fees for the services rendered after this chapter shall have become effective.
This local law shall take effect upon its adoption and filing with the Secretary of State.
Item #14 -- Call for a public hearing on a draft proposed local law to amend the Code of the Village of Pelham with regard to allowing recognized Electrical Inspection Agencies to perform electrical inspections in the Village of Pelham.
After discussion and on the motion of Trustee Potocki, seconded by Trustee Rozycki, the following resolution calling for a public hearing was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of seven in favor, none opposed, as follows:
RESOLUTION
CALLING FOR A PUBLIC HEARING
TO BE HELD ON TUESDAY, MAY 18, 2004
ON A DRAFT PROPOSED LOCAL LAW TO AMEND
THE CODE OF THE VILLAGE OF PELHAM
WITH REGARD TO CORRECTING REFERENCES
IN VARIOUS SECTIONS OF THE VILLAGE CODE FOR
INSPECTIONS AND APPROVALS, INCLUDING INSPECTIONS
BY THE NEW YORK BOARD OF FIRE UNDERWRITERS AND
THE NATIONAL BOARD OF FIRE UNDERWRITERS
BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby gives notice that there will be a Public Hearing at 8 p.m. on Tuesday, May 18, 2004, in Village Hall, 195 Sparks Avenue, Pelham, New York, to amend various sections of the Pelham Village Code, including Chapters 34 and 35, with regard to correcting references for Inspections and Approvals, including inspections by the New York Board of Fire Underwriters, and the National Board of Fire Underwriters.
Copies of the draft proposed local law is available for review during normal business hours of 8 a.m. to 5 p.m. at Pelham Village Hall, 195 Sparks Avenue, Pelham, New York, 10803.
By Order Of the Mayor and Board Of Trustees
Tuesday, May 4, 2004
VOTING AYE: Mayor Clain, Trustees Greco, Homan, Hotchkiss, Merrick, Potocki and Rozycki.
VOTING NO: None.
DRAFT PROPOSED LOCAL LAW to Amend The Code Of The Village Of Pelham With Regard To Correcting References In Various Sections Of The Village Code For Inspections And Approvals, Including Inspections By The New York Board Of Fire Underwriters And The National Board Of Fire Underwriters.
Be enacted by the Board of Trustees of the Village of Pelham as follows:
{Sections in strikethrough strikethrough to be deleted, sections in bold
and underlined bold and underlined to be added.}
Section 1
§ 34-4. Appointment of Building Committee.
A Building Committee shall annually be appointed by the Board of Trustees of the Village of Pelham to enforce and administer the provisions of this chapter. The Building Committee shall
be directed and
chaired by the Village Administrator and shall be composed of the Village
Administrator, Building Inspector, Plumbing Inspector and Plan
Examiner. Compensation and meeting dates for the Building Committee shall be
fixed at the annual meeting of the Village Board of Trustees. Electrical
inspections shall be provided by the New York Board of Fire Underwriters
a qualified electrical inspection agency in cooperation with and
at the request of the Building Committee.
Section 2
§ 34-63. All work to be approved.
All electrical work
shall be approved by the New York Board of Fire Underwriters a
qualified electrical inspection agency and approved by the Electrical
Inspector and a certificate issued in accordance therewith.
Section 3
§ 35-8. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this code, have the meanings indicated in this section:
APPROVED --
Accepted by the Chief of the Fire Department Building Inspector and
Fire Inspector as a result of his/their
investigation and experience or by reason of test, listing or approval by
Underwriters' Laboratories, Inc., the National Bureau of Standards, the American
Gas Association Laboratories or other nationally recognized testing agencies.
Section 4
§ 35-72. Approved
oil- fuel-burning systems required.
Only oil
fuel-burning systems approved by the National Board of Fire
Underwriters New York State Uniform Fire Prevention Code and its
referenced standards agencies (e.g. U.L., A.G.A., N.G.A., etc.) shall be
installed.
Section 5
§ 35-74. Application for installation.
A. An
application shall be filed with the Fire Chief Building Inspector
previous to the installation of fuel-oil storage tanks, their
auxiliaries, piping, burners, heaters and pumps, giving the following
information:
(7) Whether
or not the burner has been approved by the National Board of Fire
Underwriters New York State Uniform Fire Prevention Code and its
referenced standards agencies (e.g. U.L., A.G.A., N.G.A., etc.).
Section 6
§ 35-87.
Regulations for installation of fuel-oil heat-producing equipment
and/or systems.
A. No
fuel-oil heat-producing equipment and/or system shall be
installed or altered until an application therefor shall have been filed with
and accepted by the Fire Chief Building Inspector and Fire
Inspector, and the Fire Chief Building Inspector and Fire
Inspector shall not approve the same unless a fusible valve is installed on the
feed line at the burner.
B. No
fuel-oil heat-producing equipment and/or system or altered
fuel-oil heat-producing equipment and/or system shall be
operated or oil fuel placed in the system until the same has been
inspected and approved by the Fire Chief Building Inspector and
Fire Inspector and a permit issued therefor by the Fire Chief or the
Building Inspector and Fire Inspector, who shall require a
Board of Fire Underwriters' certificate from a qualified electrical
inspection agency.
Section 7
This local law shall take effect upon its adoption and filing with the Secretary of State.
Item #15 -- Call for a public hearing for May 18 on the request by residents of 155 Harmon Avenue (Smith) to purchase a 10-foot wide strip of surplus village property along “Little Young” Avenue.
After discussion and on the motion of Trustee Potocki, seconded by Trustee Rozycki, the following resolution calling for a public hearing was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of seven in favor, none opposed, as follows:
RESOLUTION
CALLING FOR A PUBLIC HEARING
TO BE HELD ON TUESDAY, MAY 18, 2004
ON A REQUEST BY THE RESIDENTS OF 155 HARMON AVENUE (SMITH)
TO PURCHASE A 10-FOOT WIDE STRIP OF SURPLUS VILLAGE PROPERTY
ALONG “LITTLE YOUNG” AVENUE,
SOUTH OF THE FORMER B & W RIGHT-OF-WAY.
BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby gives notice that there will be a Public Hearing at 8 p.m. on Tuesday, May 18, 2004, in Village Hall, 195 Sparks Avenue, Pelham, New York, on a request by residents of 155 Harmon Avenue (Smith) to purchase a ten-foot (10’) wide strip of surplus Village property along “Little Young” Avenue, south of the former B & W Right of Way.
* Note: This delineation and sale of surplus property will in no way impinge upon or restrict municipal or public access to and from the Village-owned Right-of-Way property (former B & W property).
A copy of the delineated land is included as part of this public notice. The Value of the property has been established at $2,000 by a licensed, practicing land-appraiser. Copy available in Village Hall.
The plan materials are available for review at during normal business hours of 8 a.m. to 5 p.m. in Village Hall, 195 Sparks Avenue, Pelham, New York, 10803.
by Order Of the Mayor and Board Of Trustees
Tuesday, May 4, 2004
VOTING AYE: Mayor Clain, Trustees Greco, Homan, Hotchkiss, Merrick, Potocki and Rozycki.
VOTING NO: None.
Note: A draft resolution was circulated to the Board.
Item #16 -- Old Business/New Business:
Investment policy to be considered on May 18th.
Executive Session on Contractual Matters.
Two new matters were added to the agenda, as follows:
Item #16 C -- School's request for no parking around the entrance/exit to the parking lot:
After discussion and on the motion of Trustee Homan, seconded by Trustee Rozycki, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of seven in favor, none opposed, as follows:
RESOLUTION
ESTABLISHING A “NO PARKING”
AREA TO PERMIT SAFE INGRESS/EGRESS
INTO AND OUT OF THE
TEMPORARY SCHOOL PARKING LOT
AND TEMPORARY CONSTRUCTION SITE ACCESS
ALONG COLONIAL AVENUE
IN THE VILLAGE OF PELHAM
RESOLVED, that the Board of Trustees of the Village of Pelham enacts the following change to the Pelham Village Code as follows:
§ 90-49. Schedule X: No Parking Any Time.
In accordance with the provisions of § 90-15, no person shall park a vehicle at any time upon the following streets or parts of streets:
Name of Street Side Location
Colonial Avenue North From a point 200 feet east of Wolfs Lane, to a point
310 feet east of Wolfs Lane.
and
BE IT FURTHER RESOLVED, that the Village Administrator and the Village Clerk are authorized to take the necessary and appropriate actions to effect this resolution, including coordination of striping and signage with the Union Free School District of the Pelhams and filing this change with the Village’s Code Publishers.
Item #16 – D -- Parking Fine Reduction By Paying By End Of Next Business Day:
After discussion and on the motion of Trustee Homan, seconded by Trustee Rozycki, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of seven in favor, none opposed, as follows:
RESOLUTION
PARKING FINE REDUCTION
BY PAYING BY END OF NEXT BUSINESS DAY
BE IT RESOLVED,
that the Board of Trustees of the Village of Pelham hereby adopts an amnesty in
the Municipal Parking Fines for people who receive a violation and pay it by the
end of the next business day for the Village of Pelham for the following
violations:
Rate Rate Reduced to by paying by the
end of the next business day
Expired Meter $20 $15
Overtime (overlimit) $20 $15
Illegal overnight $30 $20
AND BE IT RESOLVED, that the Mayor, Village Administrator, Treasurer, Police
Chief and Village Attorney are authorized to take the necessary and appropriate
actions to effect these changes in local parking rates and fine rates.
VOTING AYE: Mayor Clain, Trustees Greco, Homan, Hotchkiss, Merrick, Potocki and Rozycki.
VOTING NO: None.
Item #17 – Minutes – Previously circulated minutes were discussed.
There was no further business, and on the motion of Trustee Hotchkiss, seconded by Trustee Homan, the meeting was adjourned at 1 a.m.
Respectfully submitted,
Richard Slingerland
Administrator/Deputy Clerk