VILLAGE OF PELHAM BOARD OF TRUSTEES MEETING

TUESDAY, MAY 18, 2004, 8:00 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

                                                                                                                                          StartingTime

      #       Agenda Items:                                                                                                   of Discussion

MINUTES OF A MEETING OF THE

VILLAGE OF PELHAM BOARD OF TRUSTEES

VILLAGE HALL, 195 SPARKS AVENUE, PELHAM, NEW YORK

May 18, 2004

PRESENT:  Mayor Clain, Trustees Greco, Hotchkiss, Merrick, Potocki, Rozycki (after 8:30 p.m.), Administrator Slingerland, Secretary Stiefvater.

ABSENT:  Trustee Homan.

The Mayor convened the meeting at 8 p.m., and everyone recited the Pledge of Allegiance.

Item #3 – Mayor’s Report:  Mayor Clain gave an update on the Metro North track project, after he, Trustee Greco and Administrator Slingerland had walked along the tracks to view the areas that will be where construction will take place.

Item #4 – Trustee’s Reports:

• Trustee Greco reported that the Village was continuing its negotiations with the firefighters on a new contract.
• Trustee Potocki reported that the Village would be meeting soon with the police to begin negotiations on a new contract.
• Trustee Hotchkiss commented that since the last Board Meeting had spent three hours on Architectural, Planning and Zoning issues for an application for a one-family home, then the Board should revisit the Village’s guidelines for such applications.

Item #5 – Administrator’s Report:  Administrator Slingerland reported that the Schools had requested an exception to be able to use leaf-blowers; he read the contract with David Coldrick into the Minutes; he mentioned the Meeting with the FTA on the Intermodal Grant; he reported on the ongoing discussions with the New York State Comptroller’s Office, and he mentioned the Police Department’s warning to about forty residents who park their cars in their driveways, but across the sidewalks.  Administrator Slingerland announced that, based on discussions with the Mayor and the Police Chief, the Village would hold off issuing violations indefinitely on this issue, because many of the residents affected had no means to remedy the situation.

Item #6 – Public Comment:

Most of the public comments focused and complained about the Police Department warning for residents to discontinue parking across sidewalks by a date in June.

• Gary Hyer of 4^th Avenue, commented that he’d been parking in his driveway across his sidewalk for 20 years due to the lack of an alternative.
• Matt Spafford of 1^st Avenue asked the Village to either take away the rocks along the end of the street, or allow alternate side of the street parking.
• Joan Shuster of 1^st Avenue said many don’t have workable driveways, and agreed with the idea to have alternate side of the street parking.
• Kevin Wong of 4^th Avenue asked the Village to allow parking in the driveways across sidewalks between 1 a.m. and 7 a.m.
• John Cassone of 7^th Avenue suggested the Village look into the permission Eastchester had obtained from New York State to issue permits for residents to park in their specific neighborhood(s).  He suggested that alternate side of the street parking would be abused.

The Board discussed the matter, with additional input from residents.  The Mayor announced he would appoint a sub-committee and ask for a report to the Board in 30 days.

Carmine Papa spoke next, and complained about the Police Department, Parking Enforcement, and the Post Office’s plan to relocate on First Street.

Michelle Jennings spoke as a representative of the Pelham Development Council (PDC).  She mentioned that the PDC had closely followed the budget process and had very favorable feedback.  She reported that the PDC proposed the Council of Governing Boards evaluate the efficiencies of merged services.  Mayor Clain responded that the Council of Governing Boards may not be the best means to do that evaluation.  The Board discussed the matter, including that it had begun discussions with the Village of Pelham Manor about sharing services, and would report back on the matter.

Susan Mutti of Highbrook Avenue spoke about her request to paint crosswalks on Colonial Avenue, and the request to make the 15 MPH speed limit on Colonial without restriction.  The Board discussed the issues with Mrs. Mutti, and everyone wanted to do the safest thing for the pedestrians, but could not reach agreement on the best means to do so.  Trustee Hotchkiss suggested that Mrs. Mutti could be more productive and not accuse people, including the Mayor and Board, of not caring about the safety of the school children.  Mayor Clain reported that all the issues, including the expenses of making any safety improvements, were the subject of discussion as part of the Sandford Boulevard lawsuit settlement.  It was also reported that the Villages were also seeking to convince the County and the State DOTs to reconsider changing the intersection at Sandford Boulevard across the entrance/exit to the Hutchinson Parkway.

Carmen Licata representing the PDC supported the idea of shared services.

John Cassone representing the PDC suggested it would be very good for the Villages to consolidate, because he said there is a problem with high taxes in the Village.

The Board proceeded on to the items on the agenda, taking the appointment of Sandra Shriman next.

Item #16 -- Resolution authorizing the appointment of an employee in the Administration Office to fill the position of Deputy Village Clerk. 

The Mayor introduced Mrs. Shriman, and he and the Board welcomed her to employment with the Village.

On the motion of Trustee Greco, seconded by Trustee Rozycki, the Board unanimously approved of the appointment resolution as follows:

RESOLUTION

TO APPOINT SANDRA SHRIMAN

AS DEPUTY VILLAGE CLERK

WITH THE VILLAGE OF PELHAM.

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby appoints SANDRA SHRIMAN as Deputy Village Clerk, (replacing Deborah DelGrosso who had been assigned the title of Deputy Village Clerk and who will continue in her position and capacity as Deputy Treasurer with the Village of Pelham); and

BE IT RESOLVED, that the Board authorizes the appointment of Sandra Shriman effective immediately, with a start date of June 1, 2004, to the position of Deputy Village Clerk, subject to the requirements of Civil Service and a one-year (1) probationary period, at a starting salary of $35,000; and

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

Voting Aye:        Mayor Clain and Trustees Greco, Hotchkiss, Merrick, Potocki, Rozycki.

Absent:              Trustee Homan.

Voting No:          None.

Item #7 – Continued public hearing on an application by DeDona for a site plan to construct a new home on Corona Avenue. 

Mayor Clain reported that at present the application was back before the Planning and Architectural Review Boards, and that it was tabled until the next Board Meeting.  Trustee Hotchkiss thought that was exactly the right way to handle the matter.

Item #8 – Public hearing 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.

Mayor Clain read the resolution and opened the floor to comment.  John DiBari, representing Christopher Daly, offered $10,000 for the property.  His offer was discussed by the Board and the Village Attorney, including the fact that the Smith’s were the only contiguous property to the village strip, that the property could not be developed, and that the additional land granted the Smiths no new rights to their existing property except for space.  Finding no valid basis in the proposal, the Board proceeded to the resolution.

On the motion of Trustee Hotchkiss, seconded by Trustee Rozycki, the Board unanimously approved of the resolution as follows:

RESOLUTION

DELINEATING AND DECLARING SURPLUS AND OF NO USE TO THE VILLAGE OF PELHAM,

A 10-FOOT WIDE STRIP OF VILLAGE PROPERTY LYING ALONG

"LITTLE YOUNG AVENUE" AND CONTIGUOUS TO 155 HARMON AVENUE

AND AUTHORIZING THE SALE OF THE SAME PROPERTY

TO EDWARD SMITH AND CATHERINE MAHER-SMITH, OWNERS OF 155 HARMON AVENUE

FOR THE AMOUNT OF TWO THOUSAND DOLLARS ($2,000).

WHEREAS the Board of Trustees of the Village of Pelham has received a request from Edward Smith and Catherine Maher-Smith, owners of 155 Harmon Avenue, Pelham, New York to delineate and purchase a ten-foot (10') wide strip of land contiguous to 155 Harmon Avenue, hereinafter referred to as "the property;" and

 WHEREAS a licensed land surveyor with Aristotle Bournazos Land Surveyors of Mt. Vernon, New York has prepared and submitted a survey of the property, a copy of which survey is attached hereto as Exhibit A, and Edward Smith and Catherine Maher-Smith have paid for the survey; and

 WHEREAS a licensed land appraiser with Landmark Appraisal of Tarrytown, New York has submitted an appraisal of the property that determines the property's value is $2,000, and Edward Smith and Catherine Maher-Smith have paid for the appraisal; and

 WHEREAS after studying the submitted survey and appraisal of the property, the Board of Trustees of the Village of Pelham finds that the property is surplus and available for sale because the Village has no useful municipal purpose for the property and the sale of the property would in no way restrict municipal or public access to and from the Village's right-of-way property, the former B & W property; and

 WHEREAS the Board of Trustees of the Village of Pelham further finds that the property is contiguous with only one piece of privately owned land, 155 Harmon Avenue; and 

 NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Pelham that the property, the surveyed strip of land delineated by the survey prepared by Aristotle Bournazos Land Surveyors of Mount Vernon, New York and attached hereto as Exhibit A, has no useful municipal purpose, does not restrict municipal or public access to and from other Village property and is thus found to be surplus; that the property is to be sold by Quit Claim Deed for the fair and adequate consideration of two thousand dollars ($2,000) to Edward Smith and Catherine Maher-Smith, the owners of 155 Harmon Avenue; and that the Mayor, the Village Administrator, the Village Engineer, the Tax Assessor and the Receiver of Taxes are authorized to take the necessary and appropriate actions to effect the sale of the property and to add the property to the tax rolls under the ownership of Edward Smith and Catherine Maher-Smith, the owners of 155 Harmon Avenue, Pelham, New York.

Voting Aye:       Mayor Clain and Trustees Greco, Hotchkiss, Merrick, Potocki, Rozycki.

Absent:             Trustee Homan.

Voting No:        None.

Item #9 – Discussion of comprehensive metered and permit parking plan for the commercial district.

Trustee Potocki reported he had been monitoring the issue for about a month.  He proposed pre-paid parking permits for certain spaces, similar to the arrangement in the Village of Bronxville.  Trustee Potocki and Administrator Slingerland reported that roughly 40-50 underutilized meters had been identified on Second Street, Wolfs Lane, Fourth Avenue and Fifth Avenue, for enactment as “Long-term, Pre-paid parking meters” for daytime parking on street at designated parking meters.  Part of the proviso to establish these permits is the meters would not be for exclusive use by the permit holders.  They both announced a draft local law would be circulated to the Board along with a call for a public hearing in the near future.

Item #10 – Resolution authorizing a change to the Code of the Village of Pelham to enact, “No Parking, No Stopping, No Standing” on the east side of 7^th Avenue from Lincoln Avenue to a point sixty (60) feet south of Lincoln Avenue. 

The Board discussed this matter, which had been requested at a previous meeting by residents of 7^th Avenue, to address safety isssues.

On the motion of Trustee Rozycki, seconded by Trustee Merrick, the Board unanimously approved of the resolution as follows:

RESOLUTION

TO AMEND THE VILLAGE CODE

CHAPTER 90, SECTIONS 49, 50 AND 51 TO ADD

“NO PARKING, NO STOPPING, NO STANDING, HERE TO CORNER”

ON 7^TH AVENUE SOUTH FROM LINCOLN AVENUE

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby enacts a change to the Pelham Village Code Chapter 90, Sections § 90-49, 50 and 51. 

§ 90-49.  Schedule X: No Parking Any Time.

            Name of Street  Side                             Location

            Seventh Avenue           East                              From Lincoln Avenue to a point

approximately 60 feet south thereof.

§ 90-50.  Schedule XI: Standing Prohibited.

Name of Street              Side                             Location 

            Seventh Avenue           East                              From Lincoln Avenue to a point

approximately 60 feet south thereof.

§ 90-51.  Schedule XII: Stopping Prohibited.

Name of Street              Side                             Location 

            Seventh Avenue           East                              From Lincoln Avenue to a point

approximately 60 feet south thereof.

AND BE IT FURTHER RESOLVED, that the Village Clerk and the Village Administrator are authorized to take the necessary and appropriate actions to effect this change to the Village Code, including filing with General Code Publishers.

Voting Aye:       Mayor Clain and Trustees Greco, Hotchkiss, Merrick, Potocki, Rozycki.

Absent:             Trustee Homan.

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 briefly discussed, and it was announced the matter would be continued to the next 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.

After discussion of the mayor’s changes of the draft proposed law to redefine and exclude the word “putrescible” and make other minor changes, the Board decided it had completed its review and it was ready to approve the local law in its revised state.  This local law was adopted as Local Law #2 of 2004.

On the motion of Trustee Greco, seconded by Trustee Rozycki, the Board unanimously approved the local law as follows:

                                                            Local Law # 2 of 2004

A LOCAL LAW, AS AMENDED, TO AMEND THE CODE OF THE VILLAGE OF PELHAM WITH REGARD TO SOLID WASTE (INCLUDES GARBAGE, RECYCLING AND LITTER), TO REPLACE CHAPTERS 57 ON LITTER AND 70 ON RECYCLING.

Be enacted by the Board of Trustees of the Village of Pelham as follows:

 
Section 1

In Section 54-8 of the Code of the Village of Pelham the definitions of garbage and rubbish are repealed and the following new definitions are adopted. 

GARBAGE - Animal and vegetable waste that is subject to putrefaction, resulting from the handling, preparation, cooking and consumption of food and other household waste that can be compacted, bagged and placed in a container no larger than 33 gallons.  Garbage does not include recyclables, organic yard waste, bulk metal, or construction and demolition waste.

RUBBISH -   Excluding garbage, recyclables and construction and demolition debris, all household solid wastes that cannot be compacted, bagged and placed in a container no larger than 33 gallons and that are not subject to putrefaction.
 

Section 2

Section 54-61 of the Code of the Village of Pelham is repealed. 

Section 3

 Chapters 57 and 70 of the Code of the Village of Pelham are repealed.

Section 4
 
Chapter 82 is enacted as follows:

 CHAPTER 82

 SOLID WASTE LAW

 ARTICLE I
 General Provisions

§ 82-1.  Purpose

 The purpose of this chapter is to promote the orderly collection of solid waste in the most economical and environmentally accepted manner in the Village of Pelham as well as to protect the health and safety of the public and to promote the recycling of glass, metal, plastics, newspapers and other materials.  

§82-2. Definitions.

 In this Chapter the following terms shall have these meanings:

 BULK LEAVES – Leaves collected in the spring and in the fall during periods published from time to time by the Village.

 BULK METAL -- Large metal fixtures and appliance items, including white goods such as washing machines, stoves, refrigerators and hot water heaters.  This term excludes metal containers used to store flammable or volatile chemical materials.

 COMMINGLED ITEMS – Glass, metal containers and plastics as defined in this section.

 CONSTRUCTION AND DEMOLITION DEBRIS - Discarded solid waste resulting from
 construction, remodeling, repair and demolition of structures, walks, roads or other improvements of property, and solid waste consisting of vegetation resulting from land clearing and utility line maintenance.  Such waste includes, but is not limited to, bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, ceiling tiles, pipes, plumbing fixtures, non-asbestos insulation, roofing shingles, asphaltic pavement and glass.

 DUMPSTER - A metal container for on-site solid waste with the capacity of one (1) cubic yard or greater, which container is equipped with fittings for hydraulic and/or mechanical emptying, unloading and/or removal.
 GARBAGE – Animal and vegetable waste that is subject to putrefaction, resulting from the handling, preparation, cooking and consumption of food and other household waste that can be compacted, bagged and placed in a container no larger than 33 gallons.  Garbage does not include recyclables, organic yard waste, bulk metal, or construction and demolition waste.

 GLASS -  Glass jars, bottles and containers of clear, green or amber (brown) color, used to store only food or beverages, which shall be empty and rinsed clean.  This term excludes ceramics, window or automobile glass, mirrors and light bulbs.

 METAL CONTAINERS – All ferrous and nonferrous food and beverage containers as well as aerosol cans, including steel, aluminum and bimetal containers.

 ORGANIC YARD WASTE – All grass clippings, flowers, leaves, weeds, brush, branches and twigs. 
 
 PAPER ITEMS – Clean paper products printed on newsprint, including all newspapers, newspaper advertisements and comics, brown paper bags, magazines, telephone books,  brochures, junk mail, letters and envelopes, other advertising material printed on glossy paper and unwaxed corrugated cardboard excluding gray cardboard.

 PLASTICS  – All HDPE or PET type plastics (coded 1 or 2), including but not limited to, food, beverage, detergent and shampoo containers, which shall be empty and rinsed clean.  This term excludes all plastic film, plastic bags, vinyl, rigid plastic items and plastic foam materials.

  RECYCLABLES – Glass, metal and plastic containers, paper items, plastics, bulk metals and organic yard waste.

 REFUSE - All solid wastes, including garbage, rubbish and ashes, but excluding body wastes.

RUBBISH - Excluding garbage, recyclables and construction and demolition debris, all household solid wastes that cannot be compacted, bagged and placed in a container no larger than 33 gallons and are not subject to putrefaction.

 SOLID WASTE - Materials or substances discharged or rejected as being spent, useless, worthless or in excess by the owner at the time of such discard or rejection, except sewage and other highly diluted water-carried materials or substances and those in gaseous form. Such waste shall include but is not limited to garbage, sludge, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal, abandoned vehicles, agricultural waste, industrial waste, commercial waste, and construction and demolition debris.    

§82-3. Litter in public places.

 No person shall throw or deposit or direct or allow any agent or employee to throw or deposit upon any of the sidewalks, streets, storm sewers, catch basins, parks or other public property in the Village of Pelham any refuse, recyclables or other waste. 

§82-4. Litter on vacant premises; responsibility of owners.

 A. No person shall throw or deposit or direct or allow any agent or employee to throw or deposit upon any vacant lot or parcel of land any refuse, recyclables or solid waste of any kind.

 B. No owner of any vacant lot or parcel of land, upon which any building or improvements may stand, shall allow to remain upon his property or on or along the sidewalk, street or alley adjacent to his property between the property line and the curb or middle of the alley or for ten (10) feet outside the property line if there is no curb, any refuse, recyclables or solid waste of any kind whatsoever.
       
§82-5. Village Litter Baskets
 
 The Village of Pelham places litter baskets on the sidewalks for occasional use by pedestrians.  No person shall deposit in such litter baskets accumulations of garbage, rubbish,  recyclables or any other solid waste:

  A. Which is from a residential property or business establishment which waste must be deposited for collection or disposal as provided for by this Chapter; or

 B. Which is solid waste that pursuant to Section 82-7 must not be placed out for collection.

§82 -6.  Duty to keep sidewalks clean and clear of obstacles.

  A. Every owner or occupant of a building, every owner or person entitled to the possession of any vacant lot and every person having charge of any school or other public building in the village shall keep the sidewalks and walkways adjacent to such building or lot clean and free of refuse or trash of any kind whatsoever.

 B. No boxes, goods, wares or merchandise shall be left on any sidewalk or walkway in the village, except for the purpose of loading or unloading the same, in which event such boxes, goods, wares or merchandise shall not remain on any sidewalk or walkway for more than 15 minutes.

 § 82-7.    Responsibility of collection and disposal of refuse.

 All solid waste accumulated in the Village shall be collected, conveyed and disposed of under the supervision of the Village Administrator.  The Village Administrator is authorized to make and publish supplemental rules and regulations concerning all matters pertaining to the collection, conveyance and disposal of solid waste, including but not limited to the days and time of collection of solid waste, the amount of solid waste collected and requirements for permits to place dumpsters on streets.  The Village Administrator is also authorized to change and modify the same.  All such rules and regulations and any changes and modifications thereto must not conflict with the provisions herein, shall be approved by and adopted by resolution of the Village Board of Trustees and shall only be effective after a copy thereof has been filed with the Village Clerk

§ 82-8.   Materials not to be placed out for collection.

 No person shall place out for collection construction and demolition debris, medical waste, or any toxic or hazardous materials prohibited by this Code or any county, state or other applicable law.  

 ARTICLE II
 Storage, Collection and Disposal of Garbage and Rubbish

§82-9.  Storage of Garbage and Rubbish
 
  A. Outdoor premises shall be kept free from any accumulation of organic or inorganic material that might become a health, accident or fire hazard.

 B.  All garbage to be collected by the Village shall be bagged and stored in an adequate number of durable, nonporous containers of a capacity not to exceed 33 gallons.  These containers shall be watertight, structurally sound, in a clean and sanitary condition, equipped with tight-fitting lids, and they must be easily filled, emptied and cleaned.

 C. Owners or occupants of properties who contract for dumpsters for the storage of refuse to be collected by commercial carters shall comply with the following requirements:

  (1) Such containers shall be kept and maintained in a clean and sanitary condition with lids completely closed at all times, or covered except when actually being used for deposit of solid waste.  The contents of the dumpster shall not rise above the sides of the container.  No refuse, litter or debris shall be left on the ground near the container or otherwise outside the container.
  (2) All dumpsters shall be posted with a conspicuous sign or decal with the name telephone number, and address of authorized users and the licensed carter.   All authorized users and carters shall be jointly and severally responsible for any violation of this chapter. 

   (3) Whenever it may be deemed necessary by the Enforcement Officer, platforms constructed of an impervious material shall be used for the storage of receptacles so as to eliminate the creation of a health nuisance.
  
 D.  A permit is required to place a dumpster on the street. 

  (1) An application for a permit shall be made in writing to the Village Administrator.

  (2) The Village Administrator shall not issue any permit under the provisions of this section unless: 
    
   (a)  The applicant has paid the applicable fee established by general resolution of the Village Board of Trustees. 

   (b) The applicant has complied with all regulations regarding the granting of the permits. 
 
    (c) The applicant has filed with the Village Clerk a certificate of insurance for an insurance policy. 
 
     [1] The insurance policy must be issued by an insurance company authorized to do business in New York State;
 
     [2] The insurance policy must list the Village of Pelham as an additional insured on such policy; and 
    
     [3] The insurance policy must indemnify and save harmless the Village of Pelham from any and all judgments, costs or expenses which the village may incur or suffer by reason of granting a permit and/or license.   

     [4] Each such policy and each such certificate must have endorsed thereon: "No Cancellation of or change in this policy will become effective until after the subject item has been removed or until after 30 days' written notice of such cancellation or change has been given by registered mail to the Village Clerk, Village of Pelham, New York 10803." 

     [5] All required insurance must be in effect throughout the time that the dumpster is on the street in no less than the amounts that the Board of Trustees has established by general resolution. 

     [6] Proof of every renewal of the required insurance policy must be filed with the Village Clerk. 

    (d) The permit applicant and the owner or occupant of the premises using the dumpster must immediately remove the dumpster in the event that the required insurance policy becomes ineffective or the dumpster no longer has a valid permit. Otherwise, the Village of Pelham may remove the dumpster, and said permit  applicant and the owner and/or the occupant of the premises will be jointly and severally liable for the expenses the Village incurs in removing and disposing of the dumpster.        

    (e) The permit shall be limited to a period to be determined by the Village Administrator.  If no expiration date is stated in the permit, the expiration date shall be fifteen (15) days from issuance. 

    (f)  The permit shall contain such additional requirements, limitations and restrictions as are necessary to ensure the public safety.   

  (3) All dumpsters left on the street shall be placed on wooden blocks and marked with conspicuous reflective tape or reflectors so that drivers of vehicles and pedestrians will see the obstruction on the roadway.

§ 82-10.  Placement of garbage and rubbish for collection.
 
 A. In the residential districts garbage containers shall be left in the rear or side yard for collection by the Village.   

  B. In the residential districts no rubbish may be placed between the curb and sidewalk prior to 7:00 p.m. on the day before the scheduled pickup.  Empty refuse containers shall be removed from the curb line before the end of the day on which collection is made from the premises. 
   
  C.  In districts other than the residential districts, garbage shall be placed out for collection at the outer edge of the sidewalk only on the days of collection between the hours of 7:00 a.m. and 9:00 a.m and shall not be left out after the collection has been completed.   At all other times in the business districts it shall be impermissible to store garbage outside in front of the building, either on public or on private property, including but not limited to setback areas, alcoves and vestibules. Where a building is located on a corner, any side of the building that faces a public street shall be considered the front of the building.   

 D.  In districts other than the residential districts, the Village does not collect rubbish.  In these districts rubbish shall be placed out for collection by private carters at the outer edge of the sidewalk only on the days of collection between the hours of 7:00 a.m. and 9:00 a.m and shall not be left out after the collection has been completed.  At all other times in these districts it shall be impermissible to store rubbish outside in front of the building, either on public or on private property, including but not limited to setback areas, alcoves and vestibules. Where a building is located on a corner, any side of the building that faces a public street shall be considered the front of the building.   

ARTICLE III
Recycling

§ 82-11. Separation, preparation and placement of recyclables for collection.

  A. All residents as well as all owners, lessees and occupants of property within the Village of Pelham shall separate recyclables from solid waste and place the recyclables out for collection. 

 B. Preparation of recyclables for collection.

  (1) Bulk leaves are not to be mixed with twigs, branches, rubbish, flowers or any other materials and are to be placed curbside for collection only in the spring and in the fall during periods published from time to time by the Village.

  (2) Bulk metal items are to be placed curbside for collection.  Bulk metal items that contained freon must be certified as having had the freon removed before they can be recycled.  Refrigerator doors must be removed.

   (3) Commingled items are to be empty and rinsed clean, have their lids removed and placed in one or more bins for collection at curbside.  Only metal lids are to be recycled.

  (4) Organic yard waste such as grass clippings, flowers, leaves other than leaves prepared for bulk leaf collection, weeds, brush, branches and twigs must be placed curbside in a biodegradable bag or an open 30-35 gallon container.  Branches shall not exceed three feet in length and six inches in diameter, and they shall be tied securely with biodegradable cord.
  (5) Clean paper items, other than corrugated cardboard, are to be put loose in a container separate from that used for commingled items and placed at curbside for collection.  Clean corrugated cardboard is to be flattened, tied with biodegradable cord, and placed at curbside.

 

  (6) Christmas trees shall be left at curbside to be collected for recycling.  

 C. Collection of recyclables

  (1)  In the residential districts items for  recycling, other than bulk leaves, shall  be placed curbside for collection no earlier than 7:00 p.m. on the day before the day of collection, and the recycling containers must be removed from curbside on the same day as the collection.

   (2) In the business districts items for recycling shall be placed out for collection at the outer edge of the sidewalk only on the days of collection between the hours of 7:00 a.m. and 9:00 a.m and shall not be left out after the collection has been completed.  At all other times in the business districts it shall be impermissible to store items for recycling outside in front of the building, either on public or on private property, including but not limited to setback areas, alcoves and vestibules. Where a building is located on a corner, any side of the building that faces a public street shall be considered the front of the building.   

§82 - 12.  Penalties for offenses. 
 
  A. Any neglect, failure or refusal to comply with any provision of this chapter shall be deemed a violation thereof. 

  B. Anyone violating any provision of this chapter shall be subject to the penalties set forth in Article III of Chapter One of the Code of the Village of Pelham.

Section 3

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

Voting Aye:       Mayor Clain and Trustees Greco, Hotchkiss, Merrick, Potocki, Rozycki.

Absent:             Trustee Homan.

Voting No:        None.

Item #13 – 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 a decision to assign a Chapter number to this law for addition to the Code, along with requiring the Board’s consent on applications, the Board decided it was ready to approve the local law in its revised state.

On the motion of Trustee Potocki, seconded by Trustee Rozycki, the Board unanimously approved the local law as follows:

LOCAL LAW # 3 OF 2004

A LOCAL LAW, AS AMENDED, 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 70

PROFESSIONAL FEES

§ 70 – 1.  Engagement of professionals; compensation for services.

            The Village of Pelham Board of Trustees, or with its consent 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. 

§ 70 – 2.  Escrow accounts.

            At the time of submission of any application, or thereafter, the Board of Trustees 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.

§ 70 – 3.  Collection of fees.

            All fees required pursuant to this chapter shall be collected by the Village Clerk or the Village Treasurer.

§ 70 – 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.

Section 2

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

Voting Aye:       Mayor Clain and Trustees Greco, Hotchkiss, Merrick, Potocki, Rozycki.

Absent:             Trustee Homan.

Voting No:        None.

Item #14 – 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 amendment of the word “qualified” to “approved” in all references to the electrical inspection agency, the Board decided it was ready to approve the local law in its revised state.

On the motion of Trustee Hotchkiss, seconded by Trustee Merrick, the Board unanimously approved the local law as follows:

                                                            LOCAL LAW # 4 OF 2004

A LOCAL LAW, AS AMENDED, 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:

Section 1

* New Language to read as follows:

§ 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, 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 an approved electrical inspection agency in cooperation with and at the request of the Building Committee.

Section 2

* New Language to read as follows:

§ 34-63.  All work to be approved.

All electrical work shall be approved by an approved electrical inspection agency and approved by the Electrical Inspector and a certificate issued in accordance therewith.

Section 3

* New Language to read as follows:

§ 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 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

* New Language to read as follows:

§ 35-72.  Approved fuel-burning systems required.

Only fuel-burning systems approved by the 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

* New Language to read as follows:

§ 35-74.  Application for installation. 

A.         An application shall be filed with the 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 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

* New Language to read as follows:

§ 35-87.  Regulations for installation of heat-producing equipment and/or systems. 

A.         No heat-producing equipment and/or system shall be installed or altered until an application therefor shall have been filed with and accepted by the Building Inspector and Fire Inspector, and the 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 heat-producing equipment and/or system or altered heat-producing equipment and/or system shall be operated or fuel placed in the system until the same has been inspected and approved by the Building Inspector and Fire Inspector and a permit issued therefor by the Building Inspector and Fire Inspector, who shall require a certificate from an approved electrical inspection agency.

Section 7

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

Voting Aye:       Mayor Clain and Trustees Greco, Hotchkiss, Merrick, Potocki, Rozycki.

Absent:             Trustee Homan.

Voting No:        None.

Item #15 -- Resolution adopting an Investment Policy for the Village of Pelham in compliance with New York State Law.

The Board discussed the policy, which had been circulated in draft form since August, 2002.  The matter had been made more urgent, because it was cited by the audit team from the New York State Comptroller’s Office, who mentioned that the Board had to adopt an investment policy as required by State Law.  The policy adopted was originally drafted by David Coldrick.

On the motion of Trustee Hotchkiss, seconded by Trustee Rozycki, the Board unanimously approved the resolution as follows:

RESOLUTION

ADOPTING AN INVESTMENT POLICY FOR THE

VILLAGE OF PELHAM

IN COMPLIANCE WITH NEW YORK STATE LAW

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby adopts an investment policy circulated by the Village Administrator/Treasurer and Financial Consultant David Coldrick in compliance with applicable New York State law; and

BE IT FURTHER RESOLVED, that this policy will be revisited and reviewed from time to time, at least annually.

Voting Aye:       Mayor Clain and Trustees Greco, Hotchkiss, Merrick, Potocki, Rozycki.

Absent:             Trustee Homan.

Voting No:        None.

Item #17 –  Resolution authorizing a contract with Elizabeth M. Rodgers and Associates.

It was discussed with the Board that the Mayor, the Village Administrator and Terri Rouke, the Village’s Downtown Liaison had met with three companies, and that Ms. Rodgers’ services were the least expensive, and the best fit for the needs of the Village of Pelham to spruce up the Downtown, and to seek to attract new businesses to the Pelham business district.  Trustee Potocki commented that Ms. Rodgers has impeccable credentials and he is impressed with her approach.

On the motion of Trustee Hotchkiss, seconded by Trustee Potocki, the Board unanimously approved the resolution as follows:

RESOLUTION

AUTHORIZING THE VILLAGE OF PELHAM

TO ENTER INTO A CONTRACT

WITH ELIZABETH RODGERS AND ASSOCIATES FOR

DOWNTOWN CONSULTING SERVICES

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham authorizes the Mayor to execute the agreement between the Village of Pelham and Elizabeth Rodgers and Associates for Downtown Consulting Services; and

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

Voting Aye:       Mayor Clain and Trustees Greco, Hotchkiss, Merrick, Potocki, Rozycki.

Absent:             Trustee Homan.

Voting No:        None.

Item #18 – Old Business:  Trustee Rozycki asked about the status of the obstruction underneath Parking Lot 7 behind Village Hall.  Administrator Slingerland explained that there is not an obstruction, but that there is a need for the pipe to be dredged out, and that major obstructions had already been removed in the form of root masses. 

New Business: Administrator Slingerland reported on the Request for Proposals (RFP) for Insurance, and advised the Board that he would review all the proposals when the Village received them all within the next week.  He commented that the Village would have to select a new provider in time to secure new coverage by May 31^st, because that’s when the old policy expired.  Also, when the Village had announced its plans to circulate an RFP to its current broker and provider, Marsh International, Marsh responded that based on a business decision they would not be submitting a bid to continue as the Village’s insurance broker.

Item #19 – Minutes – the Board was reviewing draft minutes that had been circulated by Secretary Stiefvater.

Item #20 – Adjournment/Executive Session.  The Mayor asked the Board for a motion to go into executive session on the subject of the collective bargaining negotiations with the Police and the Firefighters, and on the subject of the settlement of a litigation matter (Sandford Boulevard).  On the motion of Trustee Merrick, seconded by Trustee Rozycki, the Board voted unanimously to adjourn the meeting and go into executive session on the matters presented.  The meeting was adjourned at 11:15 p.m.

Respectfully submitted,

Richard Slingerland

Administrator/Deputy Clerk