VILLAGE OF PELHAM

BOARD OF TRUSTEES MEETING

TUESDAY, MAY 17, 2005, 7:30 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

* 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 17, 2005

Mayor Michael J. Clain called the meeting to order at 7:30 pm followed by the Pledge of Allegiance.

The following members of the Board of Trustees were present:

Mayor Michael J. Clain; Trustees Ciro Greco, David Merrick (8:35), Peter Potocki, Mia Homan, Edward Hotchkiss.  Absent – Trustee Michael Rozycki.

Village staff in attendance:

Assistant to the Village Administrator Dennis DelBorgo

Nigel Scott-Williams, Architectural Review Board

Police Lieutenant Rocco DelGrosso, Detective John Hynes, and Police Officers James Mitrione and Eugene Sisto.

Item #3 – Mayor’s Report

Reminder that there will be a Public Meeting held at Village Hall on Thursday May 19^th beginning at 8:00 pm.  The topic will be the consolidation and/or relocation of village offices and a proposed parking deck.

Staff members of Congresswoman Nita Lowey will hold office hours in Village Hall beginning this Thursday, 5/19 from 1:00 pm – 3:00 pm.  Later dates include Thursday June 16^th and July 21^st. 

The City of New Rochelle has received a grant to make improvements along Lincoln Avenue, from Webster Avenue to the Pelham border.  These include new turning lanes to alleviate traffic congestion. 

The Village will be pursuing joint efforts to obtain grant funding to remediate flooding in the village that is a result of stormwater flowing from Glenwood Lake.

Item #4 – Trustee’s Reports

Trustee Greco had no report.

Trustee Potocki had no report.     

Trustee Homan reported that the village would review the complete CSEA agreement and be prepared to vote at the next regular meeting.

Trustee Hotchkiss had nothing to report.

Item #5 – Village Administrator’s Report

This item was tabled until the next regular meeting.

Item #6 – Public Comment

There was no public comment.

Item #7 – Review of the appeal by Mr. DeAngelis for commercial awnings facing Wolfs Lane.

This item was tabled pending further review by the Architectural Review Board.

Item #8 – Presentation regarding the Pelham Police Department Emergency Response Team (ERT).

Lieutenant Rocco DelGrosso and Office James Mitrione, both of the Pelham Village Police Department presented to the public and the Village Board as to why an ERT was necessary in the Village of Pelham.  This included a powerpoint slideshow and handouts.  By this time next year, there should be 4-6 members trained and fully operational. Once completing the course held at the FBI Training Center, two members will be certified as Trainers, and can instruct the rest of the department.   

Trustee Homan asked about the status of members of the Pelham Manor Police Department getting involved with the team.  Mayor Clain responded saying that the Village of Pelham Manor was reviewing the proposal, but had not yet come to a decision.  Trustee Homan added that the Pelham Manor Police should be training at the Pelham Memorial High School alongside Pelham Village officers.

Trustee Potocki stated that he would like to see funds to be provided in the Village Budget matched by local residents, businesses and other organizations along with grant funds for equipment and training.  The ERT will also be working in cooperation with the K-9 Unit and special operations teams responding in on Mutual Aid from neighboring cities and towns.  

Trustee Hotchkiss suggested that, if scheduling allowed, one or two ERT members should be assigned to each shift, providing the village with highly trained officers available to respond immediately.    

Item #9 – Presentation of the Building Code Revision Committee’s preliminary recommendations and cal for public meeting to review those recommendations.  

Trustee Ciro Greco served as Chairman of this committee and presented the proposed revisions to the Village Board.  Trustee Greco emphasized that these are only recommendations, and no changes will be made without a public hearing.  The Building Code Revision Committee presented 17 potential changes

or additions to the current code.  Recommended changes pertain to code sections:  79-4A, 79-4B, the addition of 79-4E, 98-15, 98-22, 98-29, 98-36, 98-38A, 98-43, 98-69, 98-112B, 98-112C, 98-112D, 98-113K, 98-115E, 98-115K, and the addition of a provision to require that all neighbors within 200 feet of a property that will be subject to a site plan review be notified. 

Mayor Clain and Trustee Hotchkiss stated that the Committee should also review the potential to regulate building volume, in addition to size and lot coverage.  The question was also raised as to whether decks and patios should be included when considering lot coverage.  John Cassone, of Seventh Avenue stated that decks and patios were only seasonal uses and are also not permanent structures, therefore they should not be included in regulation.

Trustee Homan asked if a two-family home in the Residence B-2 District could be reconstructed if substantially damaged or destroyed, as a result of fire or other occurrence.  This pertained to the proposal to no longer allow two family homes to be constructed in Res. B-2.  Nigel Scott-Williams of the Architectural Review Board stated that in this situation, the property should be subject to the previous code, prior to the revision, as long as the structure was reconstructed with an identical site plan.  Trustee Homan requested that such language be included in the code revision, if passed. 

Mayor Clain stated that there will likely be a minimum of two public hearing on the matter, to be held at regular Village Board meetings.  The recommendations will be arranged in groups to promote orderly discussion, such as changes in lot coverage/changes in parking requirements, and the elimination of two-family dwellings/miscellaneous changes.  In the interim, a moratorium on new residential construction, applying only to new applicants should be imposed to prevent a rush of applications prior to the code revision.  The moratoria should be on the agenda for the next regular meeting of the Village Board, and be subject to public comment.            

Item #10 – Authorizing a contract with the Westchester County Clerks Office for online access to Westchester County land records.  

Mayor Clain pointed out that an amendment to the Resolution, as written was required to clarify that the agreement would end on December 31, 2008, not begin. 

A motion was made by Trustee Homan to adopt the Resolution as amended, with a second by Trustee Greco.  The motion passed unopposed, with Trustee Rozycki absent. 

RESOLUTION

AUTHORIZING A CONTRACT WITH THE

WESTCHESTER COUNTY CLERK’S OFFICE FOR ONLINE

ACCESS TO WESTCHESTER COUNTY LAND-RECORDS

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes an agreement and participation by the Village of Pelham In the program to access online Westchester County Land Records from the Westchester County Clerk’s Office; and

BE IT RESOLVED, that the term of the agreement shall be for a five (5) year period commencing immediately and ending on or about December 31, 2008, unless renewed or extended on mutual agreement by both parties; 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 #11 – Considering rescinding the award of Contract 2005-03 for non-performance, and re-issue and award to the second low-bidder to furnish and install two (2) new replacement overhead doors (with windows) for the Public Works Garage.

Mayor Clain stated that due to issues beyond the village’s control the new doors have not yet been installed at the DPW garage.  The lowest bid was for $10,683.00, and the second lowest bid was in the amount of $11,500.00

A motion was made by Trustee Greco, with a second by Trustee Merrick to rescind the award from Overhead Door Company of Elmsford, NY due to non-performance and award the contract to Allstate Overhead Door Sales and Service of Yonkers, NY.   The motion passed unopposed, with Trustee Rozycki absent. 

RESOLUTION

RESCINDING THE ORIGINAL AWARD OF CONTRACT 2005-03 FOR NON-PERFORMANCE

AUTHORIZING THE AWARD OF CONTRACT 2005-03

TO FURNISH AND INSTALL TWO (2) NEW REPLACEMENT OVERHEAD DOORS (WITH WINDOWS) FOR THE PUBLIC WORKS GARAGE TO THE 2^ND LOW BIDDER.

WHEREAS, The Village Of Pelham Issued A Request For Bids/Proposals on Contract # 2005-03 to Furnish and Install Two (2) New Replacement Overhead Doors (with windows) for the Public Works Garage; and

WHEREAS, the Contract was authorized by the Board on February 1, 2005, but due to circumstances beyond the control of the low bidder, they were unable to perform in a timely manner; and

WHEREAS, all the information stated in the previously approved resolution of February 1, 2005, still holds true; and

WHEREAS, the previously discussed four (4) proposals, were as follows:

            Company                                                                                            Bid Amount

1.         Overhead Door Company of Elmsford, NY                                        $10,683

2.         Allstate Overhead Doors Sales & Service of Yonkers, NY                $11,500

3.         Atlantic Rolling Door Co. of the Bronx, NY                                         $13,630

4.         Deegan Overhead Doors of Yonkers, NY                                          $14,250

AND WHEREAS, Administrator Richard Slingerland and General Foreman Harry Pallett have determined that the second lowest responsible bid that meets the requirements is the Allstate Overhead Door and Sales of Yonkers, NY, at the total approximate bid price of eleven thousand five hundred dollars ($11,500), including safety strip and safety photo cell door mechanisms.

NOW, THEREFORE, BE IT RESOLVED, that the Village hereby rescinds the award of Contract 2005-03 to Overhead Door of Elmsford NY, for non-performance, and authorizes the award to Allstate Overhead Door and Sales of Yonkers, NY, at the total approximate bid price of eleven thousand five hundred dollars ($11,500), including safety strip and safety photo cell door mechanisms, including removal and disposal of the old materials; 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 contract.

Item #12 – Authorizing three (3) applications to the CDBG Program for Federal Fiscal Years 2006 through 2008, for Phase 2 Flooding Remediation, for Neighborhood Sidewalk and Safety Improvements, and for Downtown Streetscape Improvements. 

These applications will be submitted in order of priority, number one being Flood Remediation, number two being Sidewalk and Safety Improvements, and number three being Downtown Streetscape Improvements.

The Village will be requesting $250,000, with a match of $250,000 in village funds to correct conditions in the Seventh Avenue flood-zone. 

The Village will be requesting $50,000, with a match of $50,000 in village funds to improve sidewalks and curbs in areas of the village to be determined.

The Village will also be requesting $80,000, with a match of $80,000 in village funds to make numerous capital improvements to the downtown.       

A motion was made by Trustee Homan, with a second by Trustee Greco to accept all three resolutions authorizing each application to the CDBG program.  The motion passed unopposed, with Trustee Rozycki absent. 

Resolution #1:

RESOLUTION

AUTHORIZING AN APPLICATION TO THE

WESTCHESTER URBAN COUNTY CONSORTIUM

FOR PROJECT PRIORITY #1:

PHASE 2 -- FLOODING AND STORM DRAIN REMEDIATION PROJECT

FOR CDBG FUNDING

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes an application to the Westchester County Urban County Consortium for the following project:

1.                  Flooding and Storm Drain Remediation Project, to correct the 7^th Avenue flood-zone (Phase 2).  Total project estimated at $2,700,000.  Phase 1 estimated at approximately eight hundred thousand ($800,000).  Phase 2 estimated at $500,000.  The Village of Pelham is requesting $250,000 for the sewer remediation, to be matched by $250,000 from the Village of Pelham.

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

Resolution #2:

RESOLUTION

AUTHORIZING AN APPLICATION TO THE

WESTCHESTER URBAN COUNTY CONSORTIUM

FOR PROJECT PRIORITY #2:

NEIGHBORHOOD STREET STREETSCAPE IMPROVEMENT PROJECT

SIDEWALK AND CURB REPLACEMENT

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes an application to the Westchester County Urban County Consortium for the following project:

2.                  Neighborhood Streetscape Improvement Project – Sidewalk and Curb Replacement.  The proposed project is part of an ongoing plan to improve the sidewalks and curbs for safer and more accessible pedestrian walkways.  This project is Phase 4 of the streetscape and sidewalk improvements.  Total project estimated at $100,000.  Requesting $50,000, to be matched by $50,000 from the Village of Pelham.

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

Resolution #3:

RESOLUTION

AUTHORIZING AN APPLICATION TO THE

WESTCHESTER URBAN COUNTY CONSORTIUM

DOWNTOWN AND CDBG STREETSCAPE IMPROVEMENT

FOR PROJECT PRIORITY #3:

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes an application to the Westchester County Urban County Consortium for the following project:

3.                  DOWNTOWN AND STREETSCAPE IMPROVEMENT PROJECT, to improve the more worn areas that are badly in need of safety improvements, corrective action and rehabilitation, including sidewalks, streetlights, benches, handicapped accessible walkways immediately south of Lincoln Avenue, a County Road.  The total improvement project is estimated at one hundred sixty thousand ($160,000).  Phase Two of the improvements is estimated at $160,000.  The Village is requesting $80,000 to be matched by $80,000.

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

Item #13 – Authorizing renewal of the grant agreement obtained through Assemblywoman Paulin for $2,000 to rehabilitate the Harmon Avenue Clock Tower.

Renewal of this agreement would allow the village more time to complete the necessary work to rehabilitate the Harmon Avenue Clock Tower, as well as to submit the proper paperwork for fund reimbursement.     

Trustee Homan made a motion to adopt a resolution extending the grant agreement to July 31^st, 2006, with a second by Trustee Greco.  The motion passed unopposed, with Trustee Rozycki absent. 

RESOLUTION

AUTHORIZING THE RENEWAL OF THE CONTRACT WITH

THE NEW YORK STATE DEPARTMENT OF STATE

FOR $2,000 TO REPAIR THE HARMON CLOCK TOWER

RESOLVED, that the Mayor and Board authorize the renewal and extension of the agreement with the New York State Department of State for the $2,000 to repair the Clock Tower on Harmon Avenue, and authorizes the Mayor, the Administrator, and the Village Attorney to take the necessary and appropriate actions to effect and renew this agreement.

Item #14 – Authorizing renewal of the agreement with Westchester County for the Employee Assistance Program, for $2,340 for the calendar year 2005.

This agreement would give all village employees access to services provided by the Westchester County Employee Assistance Program (EAP).  The village will be charged a rate of $30.00 per employee for one year, with a total of 78 employees.

There was some discussion as to the accuracy of the total number of employees to be included in this program.  It was requested that the number be confirmed, and the total amount owed be re-calculated if necessary.  (Administrator’s note:  The total number of employees includes Crossing Guards and other part-time and seasonal employees.)

A motion was made by Trustee Merrick, with a second by Trustee Potocki to adopt the resolution authorizing the renewal of this agreement, contingent upon confirmation of the number of employees to be included.  The motion passed unopposed, with Trustee Rozycki absent. 

RESOLUTION

AUTHORIZING THE CONTRACT RENEWAL AND

CONTINUED PARTICIPATION BY THE VILLAGE OF PELHAM IN THE

WESTCHESTER COUNTY EMPLOYEE ASSISTANCE PROGRAM (EAP)

RESOLVED, that the Village of Pelham is authorized to continue to participate in the Westchester County EAP at the rate of $30 per employee, for 78 employees, for a total of $2,340, and authorizes the Mayor, the Administrator, and the Village Attorney to take the necessary and appropriate actions to effect and renew this agreement.

Item #15 – Authorizing spending up to $1,000 out of G&S Settlement Funds to conduct traffic and pedestrian counts along Colonial Avenue.

The estimated cost, after consulting with the traffic count coordinator, is $500.00 for each of four intersections. 

Mayor Clain stated that the goal of this traffic count study would be to measure the impact of the new mall complex constructed on Sanford Boulevard.  He also stated that he will continue to work with the Council of Governing Boards to pay for this study and continued monitoring at this location out of funds in escrow.  The Village of Pelham Manor opposes the latest study of pedestrian traffic at this intersection, but that the Town of Pelham and Pelham School District are in favor. 

This item was tabled for further discussion, as the pedestrian count would likely be more accurate and beneficial if conducted in September.      

Item #16 – Authorization for year-end Budget Clean-up transfers.

The Village Board reviewed the resolution drafted by Village Administrator Richard Slingerland and Financial Consultant Shirley Brown to authorize the transfer of funds to the appropriate village accounts.

A motion was made by Trustee Homan, with a second by Trustee Greco to adopt the resolution.  The motion passed unopposed, with Trustee Rozycki absent. 

RESOLUTION

Re: Preliminary End-Of-Year

Budget Transfers for FY 2004-05

Whereas,  pursuant to the provisions of Section 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,  at the end of the fiscal year, it is necessary to make modifications to the areas in the budget that had insufficient appropriations based on actual results of operations, and

Whereas,  in all cases, there are sufficient unexpended balances in other appropriations accounts, excess revenues or fund balances available to cover the transfers,  now therefore be it               

Resolved,  that pursuant to Village Law Section 5-520, the Board of Trustees hereby authorizes and directs the proper Village officers to modify the FY 2004-05 Budget by making the following transfers:

Account #        Description                      Amount            Account #        Description        Amount

Account and General Fund Budget Amendment – Police K-9 Program

Increase Revenue                                                           Increase Expenditure

A2705 Donations Revene                    . $7,620              A3120.449       Police Dog Exp.              $7,620

(Balance of this account will be reserved and re-appropriated to 05/05 Budget)

Capital Fund Budget Amendment:

Increase Revenues:                                                      Increase Appropriations

H3503 State Aid                        $18,795                         H5900.200 Traffic Signals/Light Install    $18,795

(balance of NYS Dormitory $50,000)

H3501 State Aid Chips               $71,071             H5110.203  Road Resurfacing                $71,071

H5731 Bond Anticipation Notes   $50,000            H1620.400 Village Facility Consolidation $57,000

Decrease Appropriation

H5650.103 Street Parking Equipt. $ 7,000

General Fund Budget Amendment:

Amendments for Retro Fire Settlement

Increase Revenue

A4000 Appropriated Fund Bal.   $28,518             A3410.101  Personal Services               $102,204

Decrease Appropriation                                     A3410.120 Overtime                              $  25,314

A1990.990 Contingency             $99,000            

Item #17 – Amending the fee schedule, regarding Amusement Devices and Elevators. 

The resolution would amend Chapter 28 of Village Code from the current amount of $150 per establishment, to $150 per establishment and per device.  The current amount of $225 per inspection would be amended to include a $25 administration fee per building, with an additional $200 per elevator to be inspected.

A motion was made by Trustee Homan, with a second by Trustee Merrick to adopt the resolution. The motion passed unopposed, with Trustee Rozycki absent.  

RESOLUTION

AMENDING THE FEE SCHEDULE

ADOPTED APRIL 26, 2005

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby amends the Village Fee Schedule for the Village of Pelham as follows:

Item #18 – Authorizing Settlement and Acceptance of Terms for a Contract between the Civil Service Employees Association (CSEA) Local 1000 for the period of June 1, 2004 through May 31, 2007.

This item was tabled until the next regular meeting pending further review by the Village Board.

Item #21 -- Approval of accounts payable and authorization of payment.

A motion was made by Trustee Homan, with a second by Trustee Potocki to accept th