VILLAGE OF PELHAM

BOARD OF TRUSTEES MEETING

TUESDAY, JULY 20, 2004, 8:00 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

                                                                                                                                          StartingTime

      #       Agenda Items:                                                                                                   of Discussion

MINUTES OF A REGULAR MEETING OF THE

VILLAGE OF PELHAM BOARD OF TRUSTEES

VILLAGE HALL, 195 SPARKS AVENUE, PELHAM, NEW YORK

JULY 20, 2004

Mayor Michael J. Clain called the meeting to order at 8:00 p.m., and the pledge of allegiance followed.

The following members of the Board of Trustees (BOT) were present:

Mayor Michael J. Clain; Trustees Ciro Greco, Mia Homan, David Merrick, Peter Potocki, Michael Rozycki

Absent – Trustee Edward Hotchkiss.

Village staff attending the meeting were:

Village Administrator Richard Slingerland

Item #3 – Mayor’s Report:  Mayor Clain reported that the Village was continuing its ongoing review of the Master Plan of the Village Hall site, including the U.S.P.O. and private developers.  He mentioned that he had been discussing the site plans with GDC, for alternatives.  The Mayor also reported that the G & S settlement had been reviewed, including the finalization of the details regarding the $300,000 escrow.

Item #4 – Trustees’ Reports: 

·        Trustee Greco reported that he was continuing to work on the union negotiations with the Firefighters.

·        Trustee Potocki reported that he had met with Chief Benefico regarding on-street overnight parking, and that he would be meeting with the residents to further address the issue.  On the topic of sharing costs, he reported he had spoken with Pelham Manor Trustee Tom Lavin about the possibilities of saving money by sharing police services.  He also reported on Parking Meter Keys, and that the Village would be looking into spending about $1,000 for the software and equipment for the meter keys.

·        Trustee Homan reported that the bargaining committee had met with the CSEA and would be meeting with them again soon to discuss the proposals.

Item #5 – Village Administrator’s Report:  The Village Administrator had nothing to report.

Item #6 – Public Comment:

Tom Ralph asked about the status of the options to improve traffic safety at 9^th Avenue and Lincoln Avenue.  Administrator Slingerland reported that he had been reviewing it with the Traffic Engineer, the contractor from Verde Electric, and the Police Department, and that he was waiting for suggestions from the Police on the best solution.

Steven Mahoud, introduced himself, representing the organization for Steven Klein, candidate for the State Senate to fill the seat vacated by Guy Velella.

John Cassone, 7^th Avenue, commented that the traffic on Lincoln Avenue had become abominable, and that the problem on Lincoln Avenue is nobody obeys the posted speed limits and other controls, such as “Do Not Block Intersection”.  He asked for the Village to look into the matter.

Paul Mottola of Pelham Manor spoke briefly about the Sandford Boulevard settlement.  He mentioned he was happy the village’s would be receiving money, but asked who has to approve the settlement.  Mayor Clain replied the County Board of Legislators, planned for the August 9^th Board Meeting.

Susan Mutti of Highbrook Avenue suggested the $300,000 be used for pedestrian safety improvements.  Mayor Clain mentioned that the matter had been discussed with Deputy County Executive Larry Schwartz.

Item #7 – Swearing in of two Volunteer Firefighters.  The Mayor swore in David Dieffenbach and Peter Doyle as interior-certified firefighters.  Will Tifft who had been scheduled to take his oath of office, could not attend.

Item #8 -- Resolution authorizing the award of Contract Number 2004-03 For Sanitary Sewer and Storm-sewer repairs.

The Board briefly discussed the bid and the contract.  Trustee Greco asked if the bid provided for a problem with subsurface rock, and Village Administrator Slingerland said no, that it had just been included in the bid to establish a unit price.

After discussion and on the motion of Trustee Greco, seconded by Trustee Homan, the following resolution was adopted by the Board of Trustees of the Village of Pelham by vote of six in favor, none opposed, one absent (Hotchkiss), as follows:

RESOLUTION

AUTHORIZING THE AWARD OF CONTRACT NUMBER 2004-03

BASED ON THE REQUEST FOR BIDS FOR

SANITARY SEWER AND STORM-SEWER/DRAIN REPAIRS

AT VARIOUS LOCATIONS THROUGHOUT THE VILLAGE OF PELHAM

PARTIALLY FUNDED BY A GRANT THROUGH THE USEPA

WHEREAS, The Village Of Pelham Issued A Request For Bids for Contract 2004-03 for Sanitary Sewer and Storm-Sewer/Drain repairs at various locations throughout the Village Of Pelham; and

WHEREAS, a public notice was duly published on Thursday, July 1, 2004, in the Gannett Westchester Newspaper, an official newspaper of the Village of Pelham; and

WHEREAS, during the notice period ten (10) companies were contacted to inquire as to their interest in receiving a copy of the Request for Bids, and copies of the contract documents were picked up or mailed out to seven (7) qualified and interested firms; and

WHEREAS, at 11 a.m. E.S.T., Wednesday, July 14, 2004, the Village of Pelham publicly opened and read four (4) proposals; and

WHEREAS, on reviewing the proposals, the bids were as follows:

1. ELQ Industries, Inc., of New Rochelle NY; at                   $124,712
2. Joken Construction Corp., of White Plains, NY; at           $142,356
3. Peter J. Landi Construction, of Eastchester, NY; at          $163,771
4. Cassidy Excavating, of Valhalla, NY; at                           $215,931

WHEREAS, Village’s Consulting Engineer, Anthony Oliveri, P.E., of Dolph Rotfeld Engineering, PC, and Administrator Richard Slingerland have determined that the lowest responsible bid that meets requirements is ELQ Industries, Inc., of New Rochelle, NY at a total approximate cost of one-hundred twenty-four thousand, seven hundred twelve dollars ($124,712.00).

NOW, THEREFORE, BE IT RESOLVED, that the Village hereby awards Contract 2004-03 for Sanitary Sewer and Storm-Sewer/Drain repairs at various locations throughout the Village Of Pelham to the ELQ Industries, Inc., of New Rochelle, NY at a total approximate cost of one-hundred twenty-four thousand, seven hundred twelve dollars ($124,712.00); 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 for these repairs, which shall be in compliance with the requirements of the grant via the USEPA.

Item #9 -- Resolution authorizing the award of Contract Number 2004-04 for the Chestnut Avenue Sewer Repair by relining.

After discussion and on the motion of Trustee Rozycki, seconded by Trustee Merrick, the following resolution was adopted by the Board of Trustees of the Village of Pelham by vote of six in favor, none opposed, one absent (Trustee Hotchkiss), as follows:

RESOLUTION

AUTHORIZING THE AWARD OF CONTRACT NUMBER 2004-04

BASED ON THE REQUEST FOR BIDS FOR

THE CHESTNUT AVENUE SEWER REPAIR BY RELINING

PARTIALLY FUNDED BY A GRANT THROUGH THE USEPA

WHEREAS, The Village Of Pelham Issued A Request For Proposals for Contract 2004-04 for Chestnut Avenue Sewer Repair by relining with Cured-In-Place Pipe Liner in the Village Of Pelham; and

WHEREAS, after the first bid, all proposals came in over the NY State limit of $20,000, which requires contracts over $20,000 to be made after publicly advertised bid; and

WHEREAS, a public notice was duly published on Saturday, July 10, 2004, in the Gannett Westchester Newspaper, an official newspaper of the Village of Pelham; and

WHEREAS, during the notice period five (5) companies were contacted and sent copies of the contract documents; and

WHEREAS, at 11:30 a.m. E.S.T., Friday, July 16, 2004, the Village of Pelham publicly opened and read two (2) proposals; and

WHEREAS, on reviewing the proposals, the bids were as follows:

1. EN-TECH, Corp., of Closter, NJ; at                     $19,400
2. Allstate Power Vac, Inc., of Rahway, NJ; at         $19,500

WHEREAS, Village’s Consulting Engineer, Anthony Oliveri, P.E., of Dolph Rotfeld Engineering, PC, and Administrator Richard Slingerland have determined that the lowest responsible bid that meets requirements is EN-TECH, Corp., of Closter, NJ, at the total approximate bid cost of nineteen thousand four hundred dollars ($19,400).

NOW, THEREFORE, BE IT RESOLVED, that the Village hereby awards Contract 2004-04 for Chestnut Avenue Sewer Repair by relining with Cured-In-Place Pipe Liner in the Village Of Pelham to EN-TECH, Corp., of Closter, NJ, at the total approximate bid cost of nineteen thousand four hundred dollars ($19,400); 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 for these repairs, which shall be in compliance with the requirements of the grant via the USEPA.

Item # 10 -- Resolution authorizing the award of Contract Number 2004-05 for Tree and Stump Removal and Tree-Trimming:

After discussion and on the motion of Trustee Rozycki, seconded by Trustee Merrick, the following resolution was adopted by the Board of Trustees of the Village of Pelham by vote of six in favor, none opposed, one absent (Hotchkiss) as follows:

RESOLUTION

AUTHORIZING THE AWARD OF CONTRACT NUMBER 2004-05

BASED ON THE REQUEST FOR BIDS FOR

TREE AND STUMP REMOVAL AND TREE-TRIMMING

WHEREAS, The Village Of Pelham Issued A Request For Bids for Contract 2004-05 for Tree and Stump Removal and Tree-Trimming in the Village Of Pelham; and

WHEREAS, a public notice was duly published on Friday, July 2, 2004, in the Gannett Westchester Newspaper, an official newspaper of the Village of Pelham; and

WHEREAS, during the notice period eleven (11) companies were contacted and sent copies of the contract documents; and

WHEREAS, at 11 a.m. E.S.T., Friday, July 16, 2004, the Village of Pelham publicly opened and read three (3) proposals; and

WHEREAS, on reviewing the proposals, the bids were as follows:

1. Almstead Tree & Shrub Care, LLC, of New Rochelle, NY; at                    $11,505.25
2. Manor Tree Co., Inc., of Pelham Manor, NY; at                                       $11,950.00
3. Dom’s Tree Service, of Port Washington, NY; at                         $21,355.00

WHEREAS, Administrator Richard Slingerland has determined that the lowest responsible bid that meets requirements is Almstead Tree & Shrub Care, LLC, of New Rochelle, NY, at the total approximate bid cost of eleven thousand five hundred and five dollars and twenty-five cents ($11,505.25).

NOW, THEREFORE, BE IT RESOLVED, that the Village hereby awards Contract 2004-05 for Tree and Stump Removal and Tree-Trimming in the Village Of Pelham to Almstead Tree & Shrub Care, LLC, of New Rochelle, NY, at the total approximate bid cost of eleven thousand five hundred and five dollars and twenty-five cents ($11,505.25); 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 for these services, including any additional trees at the prices listed in the bid document.

Item #11 -- Resolution authorizing a consultant agreement with Dolph Rotfeld and Associates for approximately $20,000 to better define the 7^th Avenue to 4^th Avenue drainage watershed.

John Cassone of 7^th Avenue commented that he had attended meetings at which the flooding was discussed, and that the Village had spent $20,000 on the TRC flooding report, which was supposed to resolve the problem.  Village Administrator Slingerland, Trustee Rozycki and Mayor Clain discussed the matter, and explained that the study was to provide critical information that had been omitted, to determine the best approach to rectify the problem.

After discussion and on the motion of Trustee Rozycki, seconded by Trustee Merrick, the following resolution was adopted by the Board of Trustees of the Village of Pelham by vote of six in favor, none opposed, one absent (Hotchkiss) as follows:

RESOLUTION

AUTHORIZING THE PARTIAL AWARD OF ENGINEERING SERVICES

PHASE 2 FOR FLOODING REMEDIATION WORK FOR VILLAGE OF PELHAM

TO DOLPH ROTFELD ENGINEERING, OF TARRYTOWN, NEW YORK

WHEREAS, the Village of Pelham has issued a Request for Proposals (RFP) for Engineering Services; and

WHEREAS, a public notice was duly posted, circulated and published in the official newspaper(s) of the Village of Pelham; and

WHEREAS, during the notice period eight (8) copies of the RFP were picked up or mailed out to engineering companies; and

WHEREAS, the original deadline for proposals of 11:00 a.m. E.S.T., Wednesday, December 31, 2003, was extended three (3) times to allow interested firms to submit bids; and

WHEREAS, on Friday, March 26, 2004, the Village of Pelham publicly opened and read two (2) proposals; and

WHEREAS, on reviewing the proposals – Dolph Rotfeld Engineering, P.C. and Professional Consulting Inc. the Village Administrator Richard Slingerland and Trustee Michael Rozycki have determined that in order to establish a better understanding of the work to be performed, a preliminary design study must be performed to define the drainage basin contributing to the 4^th Avenue and 7^th Avenue drainage basins, which face severe flooding on a regular basis; and

WHEREAS, the lowest responsible proposal that meets requirements for the work to be performed is Dolph Rotfeld Engineering, P.C., of Tarrytown, New York, at a total approximate cost not to exceed twenty thousand dollars ($20,000.00), for performing the work under this contract.

NOW, THEREFORE, BE IT RESOLVED, that the partial award of Engineering Services – Phase 2 for Flooding Remediation Work in the Village of Pelham is hereby made to Dolph Rotfeld Engineering, P.C., of Tarrytown, New York, at the total approximate cost not to exceed twenty thousand dollars ($20,000.00), to perform a preliminary design evaluation of the drainage basin and prepare a recommendation for alternatives to remedy the flooding on 4^th Avenue and 7^th Avenue in the Village of Pelham, with the rest of the costs for their services to be determined by the definition of the alternatives to remedy the flooding; and be it

FURTHER RESOLVED, that the Mayor is hereby authorized to execute a contract for professional services with Dolph Rotfeld Engineering and the Mayor and the Village Administrator and the Village Attorney are authorized to take the necessary and appropriate actions to effect the work under this contract, with additional action of the Board of Trustees required to decide on the alternatives and create the construction and design documents for public bid.

Item #12 -- Review of the Site Plan application by Diskin for 234 7^th Avenue, with referral back to the Planning Board and Architectural Review Board for deviations from the approved Site Plan.

George Diskin and Tom Diskin made a presentation on the deviations from the approved plans for 234 7^th Avenue. 

The Board and the Village Administrator discussed issues with the Diskins on the land-use process, and the Board was concerned that the construction and re-approval was circumventing the process. 

The Board and the applicant discussed the details, including deviations spelled out to the Diskins in a letter from the Building Inspector dated May 12, 2004. 

At the end of the discussions, the Board decided to refer the application to the ZBA for a variance on the side-yard setback, and to the ARB and the Planning Board for review of the proposed site plan changes.

After discussion and on the motion of Trustee Rozycki, seconded by Trustee Merrick, the following resolution was adopted by the Board of Trustees of the Village of Pelham by vote of six in favor, none opposed, one absent (Hotchkiss) as follows:

MOTION

REFERRING THE FINAL SITE PLAN APPLICATION

FOR 234 SEVENTH AVENUE

UPON CONSTRUCTION OF THE BUILDING

WITH DEVIATIONS FROM THE APPROVED SITE PLAN

BACK TO THE ARCHITECTURAL REVIEW BOARD

AND PLANNING BOARD

FOR REPORT AND RECOMMENDATION

BE IT MOVED, that based on the violation letter issued by the Building Inspector to Thomas Diskin, developer, for deviations from the Final Approved Site Plan for 234 Seventh Avenue, the matter is referred back to the Architectural Review Board (ARB) and the Planning Board (PB) for report and recommendation back to the Mayor and Board of Trustees by September 30, 2004, on the necessary and appropriate actions to take with regard to the final site plan for the property, in order for the building and construction to be subject to an amended Final Site Plan approval, based on the deviations from the approved Site Plan in the letter from the Building Inspector dated May 12, 2004, which is attached hereto and made a part hereof.

Item #13 – Fiscal 2003-2004 Year-end Budget Transfers and Clean-up resolutions:

After discussion and on the motion of Trustee Homan, seconded by Trustee Rozycki, the following resolution was adopted by the Board of Trustees of the Village of Pelham by vote of six in favor, none opposed, one absent (Hotchkiss), as follows:

RESOLUTION

Re: Year-end Budget Transfers for 2003-04

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 2003-04 Budget by making the

                  following transfers: