VILLAGE OF PELHAM

BOARD OF TRUSTEES MEETING

TUESDAY, AUGUST 17, 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

* Next meeting of the Board of Trustees – 8 p.m. Tuesday, September 7, 2004

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, NEW YORK

August 17, 2004

Mayor Michael J. Clain called the meeting to order at 8:05 p.m., and the pledge of allegiance followed.

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

Mayor Michael J. Clain, Trustee Ciro Greco, Trustee Edward Hotchkiss, Trustee David Merrick, Trustee Peter Potocki and Trustee Michael Rozycki.

Absent – Trustee Mia Homan

Village staff attending the meeting were:

Village Administrator Richard Slingerland, Village Attorney Robert Tracy (9:30 p.m.)

Item #3 – Mayor’s Report:  Mayor Clain reported on the following matters:

• The Sandford Boulevard settlement is final
• The Village will be looking to review the Sign Code for simplification in the near future
• The Village will be meeting with retailers regarding the Downtown Revitalization efforts.

Item #4 – Trustees’ Reports: 

Trustee Greco reported on the following matters:

• He would be submitting an agenda item soon on the Fire union negotiations
• That the command structure in the Fire Department should be reviewed soon
• That the discussions about shared services with Pelham Manor would proceed more easily once the Village of Pelham established a management hierarchy in the Fire Department
• That he would be proceeding soon with the Committee to review the Building and Zoning process

Trustee Potocki reported on the following matters:

• That the village would have the new parking meter keys in soon.
• That the Village would be continuing to review the overnight parking issue at a public meeting on September 14^th, which all the affected residents had been notified about.
• That he, the Police Chief and the Village Administrator had been reviewing traffic sign improvements around Julianne’s Playground

Trustee Merrick reported on the following matters:

• He asked the Village Administrator to find out if Pelham had been dubbed the municipality with the worst commuter parking in Westchester.
• That the Village should review the intersection of 7^th Street and 5^th Avenue, and consider changing the timing and the restrictions on east/west-bound traffic.

The Board announced they would be reviewing the issue of speed humps on September 7^th

Item #5 -- Village Administrator’s Report:  The Village Administrator reported on the Manning Circle meeting with residents, and ongoing issues with sewer problems and flooding.  He mentioned David Coldrick would be taking a full time job at the end of August and the Village would be looking for his part time replacement.

Item #6 – Public Comment:

Mrs. Nicholson, Linden Avenue – Raised concern about truck traffic on residential streets, in particular a large moving truck parked in front of a house in her neighborhood, as well as the Police and Building Inspector’s response to her complaint.

John Cassone, 7^th Avenue – Advised the Board of the Village’s assistance to the 7^th Avenue residents regarding a gas leak Con Edison was trying to remedy, including the disruption caused by all the street excavation.

Item #7A -- Authorizing the purchase of a marked 2004 Ford Crown Victoria off of Westchester County contract.

In conjunction with the Village’s purchasing policy, adopted April 7, 2003, all vehicle purchases require approval by the Mayor and Board of Trustees.  This purchase will replace a marked Police Department Ford Crown Victoria.  A police department Crown Victoria will be transferred to the Fire Chief, and the Fire Chief’s vehicle will be sold off at open published auction.

On the motion of Trustee Merrick, seconded by Trustee Potocki, the Board unanimously approved the resolution by a vote of 6-0 (Homan absent) as follows:

RESOLUTION

AUTHORIZING THE PURCHASE OF ONE (1) FORD CROWN VICTORIA

POLICE PACKAGE VEHICLE AS A MARKED PATROL VEHICLE

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the purchase, under Westchester County contract #7814-ADV, dated January 4, 2001, extended October 8, 2003 from Joe Cooper Ford (through the Mamaroneck Dealership – The Cruisers Division), of one (1) Ford Crown Victoria Year 2004 model, as follows:

Standard marked 2004 Ford Crown Victoria Police Package Vehicle       Appr.    $23,253

AND BE IT FURTHER RESOLVED, that the Mayor and the village Administrator are authorized to take the necessary and appropriate actions to effect this purchase.

Item #7B – Authorizing declaration of old vehicles as surplus.

On the motion of Trustee Rozycki, seconded by Trustee Merrick, the Board unanimously approved the resolution by a vote of 6-0 (Homan absent) as follows:

RESOLUTION

DESIGNATING CERTAIN VILLAGE OF PELHAM VEHICLES

AS SURPLUS AND AVAILABLE FOR SALE BY THE VILLAGE

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby declares the list of surplus vehicles and equipment and authorizes it’s sale by public notice (in as-is condition), as follows;

1997        Ford Crown Victoria          2FALP71W2VX219092              L79255 (passgr.)                 ~110,000

1981        International dump            IHTAA18E8BHA13306              (Manor Tree used trk)            ~41,100

AND BE IT FURTHER RESOLVED, that the Mayor and the Village Administrator are authorized to take the necessary and appropriate actions to publish notice of sale of these surplus vehicles and equipment.

Item #8 -- Authorizing the award of contract 2004-06 for Construction/Reconstruction of the Front Desk at the Pelham Police Department.

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

RESOLUTION

AUTHORIZING THE AWARD OF CONTRACT NUMBER 2004-06 BASED ON THE

REQUEST FOR BIDS FOR CONSTRUCTION/RECONSTRUCTION OF THE FRONT DESK

AT THE PELHAM POLICE DEPARTMENT

WHEREAS, The Village Of Pelham Issued A Request For Bids for Contract 2004-06 for Construction/Reconstruction Of The Front Desk At The Pelham Police Department; and

WHEREAS, a public notice was duly published on Thursday, July 15, 2004, in the Gannett Westchester Newspaper, an official newspaper of the Village of Pelham; and

WHEREAS, during the notice period at least two (2) companies received notice of the contract; and

WHEREAS, at 11 a.m. E.S.T., Friday, July 30, 2004, the Village of Pelham publicly opened and read one (1) proposal; and

WHEREAS, on reviewing the proposal, the one (1) bid was as follows:

John Rouke, of Pelham, NY; at                                                                    $5,100

WHEREAS, Administrator Richard Slingerland and Police Chief Joseph Benefico have determined that the lowest responsible bid that meets the requirements is John Rouke (as an individual), of Pelham, NY, at the total approximate bid cost of five thousand one hundred dollars and zero cents ($5,100.00).

NOW, THEREFORE, BE IT RESOLVED, that the Village hereby awards Contract 2004-06 for Construction/Reconstruction Of The Front Desk At The Pelham Police Department to John Rouke (as an individual), of Pelham, NY, at the total approximate bid cost of five thousand one hundred dollars and zero cents ($5,100.00); 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 services.

Item # 9 – Authorizing the award of contract 2004-07 for the purchase of a Voice Recorder for the Pelham Police Department.

After discussion and on the motion of Trustee Merrick, 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, Homan absent, as follows:

RESOLUTION

AUTHORIZING THE AWARD OF CONTRACT NUMBER 2004-07

BASED ON THE REQUEST FOR BIDS FOR PURCHASE OF A NEW VOICE RECORDER

FOR THE PELHAM POLICE DEPARTMENT

WHEREAS, The Village Of Pelham Issued A Request For Bids for Contract 2004-07 for Purchase Of A New Voice Recorder For The Pelham Police Department; and

WHEREAS, a public notice was duly published on Tuesday, July 27, 2004, in the Gannett Westchester Newspaper, an official newspaper of the Village of Pelham; and

WHEREAS, during the notice period at least three (3) companies received notice of the contract; and

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

WHEREAS, on reviewing the proposals, the three (3) bids were as follows:

1.   Dictaphone Corporation of Stratford, CT; at                                              $11,993

2.   Northeast Telecommunications of Bristol, CT; at                          $13,640

3.   Business Electronics, Inc. of Cheshire, CT; at                                         $19,990

WHEREAS, Administrator Richard Slingerland and Police Chief Joseph Benefico have determined that the lowest responsible bid that meets the requirements is Dictaphone Corporation of Stratford, CT, at the total approximate bid cost of eleven thousand nine hundred ninety three dollars and zero cents ($11,993.00).

NOW, THEREFORE, BE IT RESOLVED, that the Village hereby awards Contract 2004-07 for Purchase Of A New Voice Recorder For The Pelham Police Department to Dictaphone Corporation of Stratford, CT, at the total approximate bid cost of eleven thousand nine hundred ninety three dollars and zero cents ($11,993.00); 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 the purchase of this equipment.

Item #10 -- Authorizing the award of contract 2004-08 for Survey work to survey two (2) village parcels of land.

THIS MATTER WAS TABLED UNTIL THE SEPTEMBER 7^TH MEETING.

Item #11 -- Authorizing the annual contribution in the amount of $1,000 to Crime Stoppers.

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

RESOLUTION

SUPPORTING THE CRIMESTOPPERS PROGRAM FOR FISCAL YEAR JUNE 1, 2004 - MAY 31, 2005

PER THE REQUEST OF EXECUTIVE DIRECTOR ROBERT KELLER

BE IT RESOLVED, by the Board of Trustees of the Village of Pelham that the Board authorizes support of the Crimestoppers program by contribution of the Village of Pelham in the amount of $1,000 for Fiscal Year June 1, 2004 through May 31, 2005, to be paid to Crimestoppers for their anonymous tips and reward program, and wishes to thank Crimestoppers for all their efforts made to catch violent and dangerous criminals; and

BE IT FURTHER RESOLVED that the Mayor, the Village Administrator and the Police Chief are authorized to take the necessary and appropriate actions authorized by this resolution.

Item #12 -- Authorizing the annual Pelham Children’s Center Fun Run to take place and authorizing the closing of village streets for the event.

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

RESOLUTION

AUTHORIZING A STREET CLOSING

FOR PELHAM CHILDREN’S CENTER ANNUAL 5K FUN RUN.

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham authorizes the closure of village streets for the Sixth Annual Pelham Children’s Center 5K Fun Run on Saturday, October 16, 2004, beginning at the Colonial School and ending at the Daronco Town House, based on the route provided by the Pelham Children’s Center; and

BE IT FURTHER RESOLVED, that the Village Administrator, the Police Chief and the Public Works General Foreman are authorized to take the necessary and appropriate actions to provide for the fun run to take place.

Item #13 -- Authorizing submission of a grant application to the Hudson River Valley Greenway.

THIS MATTER WAS TABLED UNTIL THE SEPTEMBER 7, 2004 BOARD MEETING.

Item #14 -- Authorizing payment to resolve the lawsuit of Pennetta vs. The Village of Pelham.

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

RESOLUTION

AUTHORIZING PAYMENT OF THE REMAINDER OF A JUDGMENT

OF THE LEGAL MATTER WITH REGARD TO

THE CASE OF PENNETTA v. THE VILLAGE OF PELHAM

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes payment of the remaining portion of the judgment in the matter between the Village and Firefighter John Pennetta (Appellate Division Docket Nos. 2002-09821 and 2003-03325), complying with the lower court decision in Westchester County Index No. 20067/01 regarding his Article 78 proceedings for the termination of his employment pursuant to Section 71 of the Civil Service Law in Westchester County Index Nos. 2123/02 and 2907/03, with final payment in the amount of $32,310.51 to John Pennetta, as the remainder of payment in addition to the payment of $100,000 paid earlier this year (April, 2004), for a total of $132,310.51; and

BE IT FURTHER RESOLVED, that the Board of Trustees agrees to this matter and payment, and authorizes the Mayor, the Village Administrator/Treasurer, Village Attorney and Labor Counsel to take the necessary and appropriate actions to effect this payment and resolve this matter.

Item #15 -- Authorizing completion of probationary period for Joseph DiBenedetto as Police Officer in the Village of Pelham Police Department, effective August 25, 2004.

The Board mentioned that in the future, all newly hired police officers would be subject to eighteen month probationary periods.

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

RESOLUTION

AUTHORIZING THE COMPLETION OF PROBATION

FOR JOSEPH DiBENEDETTO AS A POLICE OFFICER

WITH THE VILLAGE OF PELHAM POLICE DEPARTMENT

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the completion of probation for Joseph DiBenedetto effective August 25, 2004, upon the completion of a year of service pursuant to his appointment in August of 2003, and authorizes the Mayor, the Village Administrator and the Police Chief to take the necessary and appropriate actions to effect this resolution.

Item #16 -- Authorizing the adoption of a policy on Sexual and Other Unlawful Harassment.

It recently came to the attention of the Village as a reminder that we should have a formal policy prohibiting Sexual and other forms of Unlawful Harassment.  While drafts of such a policy have been circulated over the past few years, the Village never formally adopted the policy.  This resolution will adopt the policy in keeping with the requirements of Federal Law.

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

RESOLUTION

ADOPTING POLICY PROHIBITING

SEXUAL AND OTHER UNLAWFUL HARASSMENT

RESOLVED, that the Board of Trustees of the Village of Pelham hereby adopt the Village of Pelham’s Policy Prohibiting Sexual And Other Unlawful Harassment, in keeping with Federal Law.

Item #17 -- Authorizing an offer of employment to fill the position of firefighter in the Pelham Fire Department.

The Board discussed the matter at length, including how it would affect the discussions with Pelham Manor about sharing services.  The Board also discussed the cost impacts and weighed the benefits of hiring one firefighter vs. two.

The Fire Chief, the Fire Department Liaison and the Village Administrator were in coordination on this matter, to interview the candidates and find a replacement for the space created by the retirement of Firefighter Robert DeFilippo.

On the motion of Trustee Greco, seconded by Trustee Hotchkiss, the Board made a motion unanimously by a vote of six to none, (Homan absent) to extend offers of employment and hire two (2) recruit firefighters for the Westchester Fire Academy scheduled for September 7, 2004, with one of the appointments to be provisional contingent/permanent to fill one of the continuing semi-vacancies caused by the injured firefighters who could not return to full duty.

Item #18 – Old Business/New Business – none.

Item #19 – Minutes – none at this time for Board review.

Item #20 -- Motion to go into executive session to discuss (a) personnel matters, (b) proposed litigation, and (c) collective bargaining negotiations.

Item #21 – Adjournment – On the motion of Trustee Merrick, seconded by Trustee Rozycki, the Board voted unanimously by a vote of six in favor, none opposed, (Homan absent), to adjourn into executive session for the issues listed and the public portion of the meeting adjourned at 9:40 p.m.

Respectfully submitted,

Richard Slingerland

Administrator/Deputy Clerk