VILLAGE OF PELHAM

BOARD OF TRUSTEES MEETING

TUESDAY, JULY 19, 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                                                                                     Approximate

                                                                                                                                      Starting Time

      #       Agenda Items:                                                                                                of Discussion

Next Meetings are as follows:

Tuesday, August 16, 2005 and Tuesday, September 6, 2005

* 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, JULY 19, 2005

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

The following members of the Board of Trustees were present:

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

Village staff in attendance:

Village Administrator Richard Slingerland

Item #3 – Mayor’s Report – Mayor Clain reported on the meeting with New Rochelle regarding exploring opportunities to preserve open space at Glenwood Lake in New Rochelle and at the same time helping to address the Village of Pelham’s flooding problems along 7^th Avenue.  He mentioned that the Village will explore opportunities to fund flood remediation projects with the County, State and Federal governments.  He reported that the bids for the Flood Remediation project along First Street were out on July 15^th, due back August 12^th, and hopefully the Board could make a decision on August 16^th.  The Mayor reported on the meeting with BFJ and the Pelpark owners/developers, and mentioned it was discussed that a joint project would overall be more cost-effective, but that the Village was waiting to hear back from the Kravitzes by the end of August.  He also mentioned that the Village would be reviewing the conceptual plans for the Wolfs Lane Park and parking.  Trustee Potocki hoped to circulate and make some of the plans public soon.

Item #4 – Trustee’s Reports

Trustee Greco mentioned that the bargaining session with the Firefighters had gone well, and that negotiations on a new contract would continue soon.

Trustee Potocki announced that the new Police Dog Dutch would be on patrol in 2 weeks and was trained and certified to detect narcotics.  He also announced that there would be increased Police vehicle and traffic enforcement around the Village.

Trustee Merrick mentioned a tree needs to be removed at 222 Loring Avenue.

Trustee Hotchkiss asked about the status of the Village website, and advised that two things were not working, including a modified calendar, and the call management system.  He mentioned that Administrative Assistant Dennis DelBorgo would be obtaining bids on the work to be done.

Item #5 – Village Administrator’s Report:

Village Administrator Slingerland reported that the Village’s audit would begin shortly, that the flooding and barricades would be coordinated better in the future as they were not out in advance of the torrential rain on June 29^th.  Resident Gary Hyer of 4^th Avenue was in attendance and reinforced that comment, and he mentioned that three cars proceeded through the flood waters on 4^th Avenue and caused the water to crest the residents’ dams and flood their basements and garages.  He also mentioned he was following up on some complaints about Metro North’s track work, and that the Village’s phones had been out a number of times, but that Lightpath and Verizon were working to rectify the situation.  He also mentioned traffic enforcement complaints the Village had received about Carol and Brookside.  Mayor Clain advised that the Village had addressed numerous complaints about speeding, wrong-way travel, ignoring stop signs, and would be increasing enforcement around the Village including in that neighborhood.  Trustee Potocki advised that he had been working with the General Foreman Harry Pallett to install some new signs, and remove brush from some blocked signs.

Item #6 – Public Comment

Mr. Anthony Senerchia of 8^th Avenue complained about major flooding off of 9^th Avenue, including 20 inches of water had flooded his back yard.  The Mayor advised him that General Foreman Harry Pallett would check the drains for any blockage, and have the sandbags out in the area to help, while the village looked for a more long-term solution.

Mr. Bernard of 352 8^th Avenue spoke, and commented that when the D’Onofrio family built their home on 9^th Avenue 20 years ago, it created the flooding problem in the backyards of the homes between 8^th and 9^th Avenue, and that it never existed before.  He said that if the sidewalks and/or curbs facing 9^th Avenue were raised 7 or 8 inches, it would stop the problem.  Administrator Slingerland said he would look at the problem and visit the area with General Foreman Pallett.

Item #7 -- Resolution amending the Village Code to enact 3-hour parking along Wolfs Lane between Sparks Avenue and Boulevard.

The Board discussed the Code change to enact 3-hour parking on Wolfs Lane, between Boulevard and Sparks Avenue.  Al Sassoon, a co-owner of Steam, said there is very little parking for customers who make quick stops, and he asked that parking limits be reduced to an hour.

Some of the Board members felt that extending the 3-hour parking time limit up to Sparks Avenue was too large and area for 3-hour parking. 

Upon review, the Board decided to amend the resolution as proposed, and enact 3-hour parking on Wolfs between 2^nd Street and 20 feet south of Marquand (on the west side, as the meters on the east side of Wolfs Lane, south of the Boulevard, are already long-term 12-hour parking).

On the motion of Trustee Merrick, seconded by Trustee Potocki, the resolution was adopted as amended by the Board of Trustees by a vote of six in favor, none opposed, one absent (Rozycki) as follows:

RESOLUTION

AMENDING THE VILLAGE CODE

TO ENACT 3-HOUR PARKING ALONG WOLFS LANE

BETWEEN SPARKS AVENUE AND BOULEVARD.

BE IT RESOLVED, by the Board of Trustees of the Village of Pelham, hereby enacts a three (3) hour parking time limit on Wolfs Lane, between Sparks Avenue and Boulevard, as follows:

§ 90-56.  Schedule XVII: On-Street Parking Meter Zones.

Delete the following:

Name of Street                      Side                            Time Limit                  Location

Wolf's Lane                            East                            2 hrs.               From First Street to

Boulevard

Wolf's Lane                            West                           2 hrs.               From a point 50 feet

south of Boulevard to Maryland Place

Add the following:

 Name of Street                     Side                            Time Limit                  Location

Wolfs Lane                             Both                            2 hrs.               From First Street to

Second Street

Wolfs Lane                             Both                            3 hrs.                           From Second Street

to Boulevard

Wolf's Lane                            West                           2 hrs.               From a point 20 feet

south of Boulevard to Marquand Place

BE IT FURTHER RESOLVED, that the Administrator, Village Clerk, Police Chief and other village officials are authorized to take the necessary and appropriate actions to enact these regulations.
Item #7 -- Considering enacting a ½ day, 5-hour parking permit for short-term travelers to New York City (response to Parking Survey)

The Board discussed the matter, and agreed to revisit the issue in November to review use and demand.  Residents were advised to call ahead to ensure availability.  On the motion of Trustee Homan, seconded by Trustee Potocki, the resolution was adopted as amended by the Board of Trustees by a vote of five in favor, one opposed – Trustee Hotchkiss, one absent (Rozycki) as follows:

RESOLUTION

ENACTING A ½ DAY, 5-HOUR PARKING PERMIT

FOR SHORT-TERM TRAVELERS TO NEW YORK CITY

(RESPONSE TO PARKING SURVEY)

BE IT RESOLVED, by the Board of Trustees of the Village of Pelham that a new 5-hour parking permit is established and enacted to be used in Permit Parking Lot 7 behind Village Hall for short-term commuters/travelers by train at a fee of $6 per permit, based on the availability of parking spaces, on a first-come, first-served basis.

Item #9 -- Considering enacting a parking provision for visiting college students in Lot 2 during the summer, for $60 for the summer.

Trustee Greco asked if there were problems with available parking.  Trustee Potocki explained that this would primarily college-student parking for those home on summer break, with no room to park at their parents’ house.  He estimated it would be about 20 cars max, for the hours of 6 p.m. to 9 a.m. only.  On the motion of Trustee Homan, seconded by Trustee Potocki, the resolution was adopted as amended by the Board of Trustees by a vote of six in favor, none opposed, one absent (Rozycki) as follows:

RESOLUTION

ENACTING A SUMMER-MONTH PARKING PERMIT PROVISION IN LOT 2

FROM MEMORIAL DAY TO LABOR DAY, FOR $60 FOR THE SUMMER.

BE IT RESOLVED, by the Board of Trustees of the Village of Pelham that a summer (Memorial Day through Labor Day) parking permit is established and enacted to be used in Permit Parking Lot 2 at 4^th Avenue and 3^rd Street at a fee of $60 per month per permit is hereby established, based on the availability of parking spaces, on a first-come, first-served basis.

Item #10 – Declaration of Lead Agency by the Board of Trustees for the SEQRA review of the site plan application by Commerce Bank.

The Board discussed this matter, and was concerned about delays the review process would cause for Commerce Bank.  The Administrator advised that although the application was a simple one, it was advisable for the Board to declare itself Lead Agency in case any SEQRA issues arose or were required as a result of the review and recommendation process.  The Board asked the Administrator to get bids for the review and award so that progress on the application could proceed expeditiously.

On the motion of Trustee Greco, seconded by Trustee Merrick, the resolution was adopted as amended by the Board of Trustees by a vote of six in favor, none opposed, one absent (Rozycki) as follows:

 SEQ CHAPTER \h \r 1BOARD OF TRUSTEES

VILLAGE OF PELHAM

RESOLUTION TO ADOPT LEAD AGENCY STATUS

IN THE REVIES OF THE SITE PLAN APPLICATION

BY COMMERCE BANK

AT THE CORNER OF LINCOLN AVENUE AND 5^TH AVENUE

WHEREAS, the Board of Trustees of the Village of Pelham is considering an application for site plan approval by Commerce Bank for the proposed Commerce Bank branch office commercial development (the “Proposed Action”) located on the property(ies) located on the north west corner of Lincoln Avenue and Fifth Avenue; and

WHEREAS, the Board of Trustees determined that the Proposed Action is either an unlisted action or a Type II action pursuant to the State Environmental Quality Review Act (SEQRA); and

WHEREAS, the Board of Trustees is in receipt of an Environmental Assessment Form (EAF) submitted on the Proposed Action and;

WHEREAS, on July 17, 2002, the Board of Trustees circulated the EAF and a Notice of Intent to Declare Lead Agency as well as a “Lead Agency Consent Form” to Interested and Involved Agencies; and

WHEREAS, the Board of Trustees has received no objection from any Interested or Involved Agency to the Board of Trustees’s Notice of Intent to Declare Lead Agency;

NOW, THEREFORE, BE IT

RESOLVED, that the Village of Pelham Board of Trustees hereby declares itself to be Lead Agency for the Proposed Action pursuant to §617.6(b) of SEQRA; and

BE IT FURTHER RESOLVED, that the Board of Trustees hereby establishes an escrow for review of this application, pursuant to Chapter 70 – Professional Fees, of the Code of the Village of Pelham, requiring an initial amount of ten thousand dollars ($10,000) and such additional sums as may be necessary to complete the review of this site plan application.

Item #11 – Authorizing acceptance of a $10,000 grant for a Heat Sensing camera obtained through the offices of Assemblywoman Amy Paulin. 

On the motion of Trustee Homan, seconded by Trustee Greco, the resolution was adopted by the Board of Trustees by a vote of six in favor, none opposed, one absent (Rozycki).  The Board conveyed its thanks to Assemblywoman Paulin for obtaining the grant for the Village:

RESOLUTION

AUTHORIZING THE ACCEPTANCE OF A $10,000 GRANT

OBTAINED THROUGH ASSEMBLYWOMAN AMY PAULIN

TO FUND THE PURCHASE OF A HEAT-SENSING CAMERA

TO BE USED BY THE PELHAM FIRE DEPARTMENT

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham authorizes the acceptance of a $10,000 grant obtained through Assemblywoman Amy Paulin, to fund the purchase of a heat-sensing camera for the Pelham Fire Department; and

BE IT FURTHER RESOLVED, that the Mayor and the Village Administrator are authorized to take the necessary and appropriate actions to effect this agreement, including execution of the agreement by either the Mayor or the Village Administrator.

Item #12 -- Establishing a list of utilities and contracts to be approved for payment automatically (prior to audit and approval by the Board):

On the motion of Trustee Homan, seconded by Trustee Greco, the resolution was adopted by the Board of Trustees by a vote of six in favor, none opposed, one absent (Rozycki).

RESOLUTION

ESTABLISHING A LIST OF UTILITIES AND CONTRACTS

TO BE APPROVED FOR PAYMENT AUTOMATICALLY

(PRIOR TO AUDIT AND APPROVAL BY THE BOARD)

WHEREAS, pursuant to Section 5-524 of the New York State Village Law, the Board of

Trustees shall audit all claims against the Village, with allowances for exclusion from prior audit of certain bills in advance of audit of claims by the Board of Trustees, including public utility services, postage, and amounts due on contracts for periods exceeding one year.

BE IT RESOLVED, pursuant to the New York State Village Law, the Board of Trustees authorizes payment of certain bills in advance of audit of claims, which include the following:

Avaya

Cablevision/Cablevision Lightpath

Con Edison

CSEA Benefits Fund (Medical, Optical and Dental)

First Ameritas Dental Insurance

GMAC (Police Chief’s car lease payments)

Highmark Life Insurance

New York State Health Benefit Fund (Empire Plan)

New York Power Authority

Nextel

Suburban Carting

United States Postal Service (charges, including through Pitney Bowes)

United Water New Rochelle

Verizon

Item #13 -- Authorizing final payment to close the contract with Verde Electric for the 5^th Avenue Traffic Light project.

Administrator Slingerland explained that this was for cracked concrete at 5^th Avenue at 6^th Street, 7^th Street and Willow Avenue, and that the Village would keep the remainder of the funds to pay for the replacement when the Village needed to make the repairs.

On the motion of Trustee Homan, seconded by Trustee Merrick, the resolution was adopted by the Board of Trustees by a vote of six in favor, none opposed, one absent (Rozycki) as follows:

RESOLUTION

AUTHORIZING FINAL PAYMENT

TO CLOSE THE CONTRACT WITH VERDE ELECTRIC

FOR THE 5^TH AVENUE TRAFFIC LIGHT PROJECT

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the final payment in the amount of five thousand five hundred dollars ($5,500) to Verde Electric Corp., of Mt. Vernon, New York, to complete and close out the 5^th Avenue Traffic Light Project.

Item #14 – Authorizing a retainer agreement at an hourly rate with Conforti and Tarcher, Attorneys.

On the motion of Trustee Homan, seconded by Trustee Merrick, the resolution was adopted by the Board of Trustees by a vote of six in favor, none opposed, one absent (Rozycki) as follows:

RESOLUTION

AUTHORIZING A RETAINER AGREEMENT

WITH CONFORTI AND TARCHER, ATTORNEY’S AT LAW

AT AN HOURLY RATE OF $155

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham authorizes a retainer agreement with Conforti and Tarcher, Attorney’s at Law, for Code prosecution, legal advice on village matters, and legal cases or matters as assigned by the Mayor and Board of Trustees or the Village Administrator, at an hourly rate of $155; and

BE IT FURTHER RESOLVED, that the Mayor and the Village Administrator are authorized to take the necessary and appropriate actions to effect this agreement, including execution of the agreement by either the Mayor or the Village Administrator.

Item #15 -- Rescinding a budget amendment in the amount of $5,000 for PEO/SCG (not needed last FY)

* Note:  The Board adopted a budget amendment on March 15, 2005, to provide $5,000 to fund a third Parking Enforcement Officer/School Crossing Guard (PEO/SCG).  Due to the time necessary to proceed through the Civil Service process, and then make a public solicitation and interview applicants for the position, a new PEO/SCG was not hired until June 13, 2005.  This resolution rescinds the March 15, 2005 resolution as part of the year-end clean up.

On the motion of Trustee Merrick, seconded by Trustee Potocki, the resolution was adopted by the Board of Trustees by a vote of six in favor, none opposed, one absent (Rozycki) as follows:

RESOLUTION

RESCINDING A BUDGET AMENDMENT IN THE AMOUNT OF $5,000

FOR PEO/SCG (NOT NEEDED LAST FY – 2004-2005)

BE IT RESOLVED, that the Board of Trustees hereby rescinds a Budget Amendment enacted on the March 15, 2005 Meeting of the Board, as the monies and amendment(s) were not necessary during the Fiscal Year 2004-2005.

Item #16 -- Authorizing a resolution to enact Fiscal Year 2004-2005 year-end Budget Transfers

On the motion of Trustee Homan, seconded by Trustee Greco, the resolutions were adopted by the Board of Trustees by a vote of six in favor, none opposed, one absent (Rozycki) as follows:

RESOLUTION

Re: Year-end Budget Transfers for 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 2004-05 Budget by making the

                  following transfers: