VILLAGE OF PELHAM

BOARD OF TRUSTEES MEETING

TUESDAY, OCTOBER 5, 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, October 19, 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

OCTOBER 5, 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, Edward Hotchkiss, David Merrick, Peter Potocki and Michael Rozycki.

Village staff attending the meeting were:

Village Administrator Richard Slingerland.

Item #3 – Mayor’s Report:  Mayor Clain reported that the Sandford Boulevard settlement was proceeding, including authorization by Westchester County.

Item #4 – Trustees’s Reports:

Trustee Greco reported that contractual negotiations with the Firefighters were continuing, and that Pelham and Pelham Manor were discussing an automatic joint response to the High School and Middle School.

Trustee Potocki reported that discussions with Pelham Manor on sharing services were continuing.

Item #5 – Administrator’s Report:

Administrator Slingerland reported that installation of speed humps on Ancon and 4^th Avenue would be included with the paving contract; and asked for a new item on the agenda to allow the Village to auction surplus vehicles.

Item #6 – Public Comment:

John Walsh of Nyac Avenue asked about the status of adding parking on Wolfs Lane, including whether there are any deed restrictions on the property.  The Mayor reported there are no deed restrictions, and it was never state dedicated parkland.  He explained the Village is looking at 2 basic alternatives – either adding diagonal parking, or some kind of parking within the green space.  Mr. Walsh commented that the Village may have a parking problem, but we also have an open space problem, and that the Village should not put the parking problem on the backs of our parks.

John Cassone of 7^th Avenue commented on ongoing problems the 7^th Avenue residents were experiencing with gas leaks, and that Terri Rouke had been most helpful, and that the Con Edison crews came in and accommodated residents like he had never seen.
Denise Delaney of 4^th Avenue asked about the status of the speed humps and if the Village planned to install them by 396 4^th Avenue and between 427 and 429 4^th Avenue, and the Board confirmed that.  She also asked the Village to do a follow-up study to confirm their effectiveness.

Item 12 – New Business:  Authorization to participate in the Westchester County Traffic timing study:

Mayor Clain asked for a motion of the Board to participate in the Westchester County Traffic timing study, and on the motion of Trustee Potocki, seconded by Trustee Rozycki, the Board voted unanimously to participate in the Westchester County Traffic Light timing study, with the understanding that the Village can review the recommendations, but does not have to implement every recommendation.

Item #7 -- Resolution for Site Plan approval on an application by Pelham Collision for a site plan to effect façade changes at 75 Lincoln Avenue.

The Board discussed the various recommendations regarding the property, and reviewed the ARB memorandum recommending against applying a stucco finish to the Lincoln Avenue façade.  Mayor Clain asked that the ARB memo be included in the record. The ARB Memorandum is as follows:

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 abstention (Hotchkiss), as follows:

RESOLUTION

AUTHORIZING THE SITE PLAN  FOR A FAÇADE CHANGE

AT 75 LINCOLN AVENUE

RESOLVED, that the matter is being referred to the Mayor and Board of Trustees by the request of applicant’s attorney William Barbera in that the applicant proposes to use an acceptable construction masonry material known as stucco and the Board of Architectural

Review (ARB) has not accepted use of this material on all exterior facades.  Stucco has been found by the ARB to be acceptable for the Fourth Avenue façade, but has not been found acceptable by the ARB for the Lincoln Avenue façade.  The issue is that the applicant believes that he has a right to use an acceptable masonry material to resurface the existing brick building, in accordance with industry standards presented and explained to the ARB, with recommendations of design by the ARB; and

BE IT FURTHER RESOLVED that the application for approval to modify a façade by Ramon Quincoses and Pelham Collision is approved, with some exceptions as follows:

BE IT FURTHER RESOLVED, that conditions apply as follows:

1.                  That the façade changes along 4^th Avenue and along Lincoln Avenue, as requested by the applicant, must be built in accordance with plans dated April 25, 2004, except that the applicant is allowed to install stucco along both the 4^th Avenue face of the building and the Lincoln Avenue face of the building, with the requirement that all spalled, deteriorating and rotting sub-structure including brick must be removed and the structural face of the building must be restored to the satisfaction of the Building Inspector prior to the installation of the new stucco;

2.                  That with detail lacking on the plans, the stucco must be installed as presented with new coping stones over the top of the stucco (not stucco over the top or face of the coping stones),

3.                  That the new façade must be built according to the door, window and trim details, except that the doors facing 4^th Avenue and Lincoln Avenue must be of commercial grade metal frame and safety glass (not residential quality and style as shown on the plans)

4.                  That all other improvements to the façade must comply with the plans dated April 25, 2004, including (except as noted above)their construction according to the notations for the following:

a.      Every finish

b.      Full pallet and detail of materials

c.      Colors

5.                  Any other actions deemed necessary by the Mayor, Village Administrator, Building Inspector, Village Engineer, and other officials of the Village of Pelham.

6.                  That the application and permit shall remain subject to the continued jurisdiction of the Board of Trustees.

            AND, BE IT FURTHER RESOLVED, that this application for an approval by Pelham Collision and Ramon Quincoses for 75 Lincoln Avenue, is subject to the procedures, regulations and requirements of the Pelham Village Code and Pelham Building Department; and

BE IT FURTHER RESOLVED, that the Mayor, Village Administrator, Building Inspector and officials of the Village of Pelham are authorized to take the necessary and appropriate actions to effect this site plan approval for a façade change.

Item #8 – Authorization of a subscriber agreement with the New York Municipal Insurance Reciprocal (NYMIR).

Village Administrator Slingerland provided the following information to the Mayor and Board:

• NYMIR was formed as a not-for-profit group in 1993

• NYMIR has maintained an A- rating for the past 4-5 years, from AM Best

• It has $14 million in surplus in 2003, up from $12 million in 2002, up from $9 million in 2001

• Its Umbrella, or Reinsurance, is provided by American Reinsurance, which has an "A" Rating, and $50 billion surplus

• The reinsurance picks up any claim above $250,000 on all liability claims (General, Public Officials, Law Enforcement/Police, Employment Practices), and picks up all claims above $150,000 on all property insurance claims.

• As a not-for-profit, it is difficult for them to gain a rating higher than an “A-“ rating, or an “A” rating

• There is not a lot of volatility in their reserve/surplus, as they are required by charter and NY State Law to re-invest the surplus in secure and insured investments.

• NYMIR/Wright Risk Management just helped form a similar program in the state of Connecticut, and is providing similar help in Maine.

• There are 1200 municipal entities in New York; roughly 560 belong to NYMIR, the largest of which is Westchester County.

• The Auditors for the group are KMPG (summaries of the audited financial statements were circulated to the Board).

After discussion and on the motion of Trustee Hotchkiss, seconded by Trustee Rozycki, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of seven in favor, as follows:

RESOLUTION

(amended)

AUTHORIZING A SUBSCRIBER AGREEMENT WITH

NEW YORK MUNICIPAL INSURANCE RECIPROCAL (NYMIR)

PURSUANT TO THE RETENTION OF NYMIR

AS THE VILLAGE’S LIABILITY INSURANCE PROVIDER

WHEREAS, the Village of Pelham on June 1, 2004, awarded the contract in response to its Request For Proposals (RFP) For Insurance Brokerage And Related Services And Retaining Insurance Coverage For The Village Of Pelham to the Spain Agency, of Mahopac, NY, with Insurance Coverage Services to be provided through the New York Municipal Insurance Reciprocal (NYMIR); and

WHEREAS, the Village has received a subscriber agreement from NYMIR which would authorize the Village of Pelham to participate in the insurance program operated by NYMIR.

NOW, THEREFORE, BE IT RESOLVED that the Village of Pelham authorizes the Mayor to execute a Subscriber Agreement, subject to the approval of the Village Attorney and the recommendation of the Village Administrator, for an annual contribution of $11,434.24 as 20% of its $57,121.20 capital reserve contribution spread over a five-year period; and

BE IT FURTHER RESOLVED, that the appropriate village officials are authorized to take the necessary and appropriate actions to effect this subscriber agreement pursuant to the retention of insurance services from NYMIR authorized by the Village of Pelham Board of Trustees on Tuesday, June 1, 2004.

Item #9 -- Authorization of renewal of the Snow and Ice Removal Agreement for the Village to remove snow and ice from Lincoln Avenue, a County Road.

After discussion, on the motion of Trustee Merrick, seconded by Trustee Greco, the board voted unanimously by a vote of seven in favor, none opposed, to renew the Snow and Ice removal agreement with Westchester County.

RESOLUTION

AUTHORIZING RENEWAL OF AN AGREEMENT BETWEEN

THE COUNTY OF WESTCHESTER AND THE VILLAGE OF PELHAM

FOR SNOW AND ICE REMOVAL BY THE VILLAGE OF PELHAM

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the renewal of an agreement between the Village of Pelham and Westchester County for the continued participation by the Village of Pelham in the Westchester County Snow and Ice Reimbursement program, for the Village to salt and plow the Westchester County roads that are in the Pelham jurisdiction, namely Lincoln Avenue; and

BE IT RESOLVED, that the term of the agreement shall be for a five (5) year period commencing on October 1, 2005 and continuing through September 30, 2010; and

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

Item #10 -- Considering revocation of the taxi-stand parking spaces on First Street, by the Pelham Train Station, and establishing the two meters as long-term, 12-hour.

After discussion, on the motion of Trustee Potocki, seconded by Trustee Merrick the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of seven in favor, none opposed, as follows:

RESOLUTION

REVOKING THE TAXI-STAND PARKING SPACES

ALONG FIRST STREET (BETWEEN WOLFS LANE AND CORLIES AVE.)

AND RESTORING THOSE SPACES AS 12-HOUR LONG-TERM PARKING

IN THE VILLAGE OF PELHAM

BE IT RESOLVED, that the Board of Trustees hereby enacts changes to Vehicle and Traffic Code Section 90-57 of the Village of Pelham as follows:

-- continued --

§ 90-57.  Schedule XVIII: Taxi Stands.   [Added 8-6-2002 by L.L. No. 3-2002]

In accordance with § 90-22.2, Taxi stands, the following locations are designated as taxi stands:   

Name of Street                           Side      Hours                   Location

DELETE THE FOLLOWING LANGUAGE:

First Street [Added 8-6-2002   North   From 3:00 p.m.    From a point 90 feet west of the

              by L.L. No. 3-2002]                   to 8:00 p.m.          Station Plaza entrance to a point

                                                                                                 15 feet west of the Station Plaza

                                                                                                 entrance.

AND, BE IT FURTHER RESOLVED, that the Board of Trustees hereby enacts changes to the Vehicle and Traffic Code Section 90-56 of the Village of Pelham as follows

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

Name of Street                      Side   Time Limit                  Location

DELETE THE FOLLOWING LANGUAGE:

First Street [Amended          North   2 hrs.                          From a point 15 feet east of

8-6-2002 by L.L. No. 3-2002]                                              Wolf's Lane to a point 90 feet

west of the Station Plaza

entrance.

First Street [Added               North   2 hrs. from 8:00         From a point 90 feet west of the

8-6-2002 by L.L. No. 3-2002]          a.m. to 3:00 p.m.       Station Plaza entrance to a point

15 feet west of the Station Plaza

entrance.

ADD THE FOLLOWING LANGUAGE:

First Street                             North   Twelve (12) hrs.         From a point 15 feet east of

Wolf’s Lane to a point 15 feet west of the Station Plaza entrance.

Item #11 -- Calling for a public hearing on a draft proposed Local Law to amend the Code to effect changes and update references to Village Municipal Parking Lots.

After discussion, on the motion of Trustee Hotchkiss, seconded by Trustee Rozycki, the Board of Trustees voted unanimously by a vote of seven in favor, none opposed, to call for a public hearing at the next scheduled Board Meeting by adopting the following resolution:

RESOLUTION

CALLING FOR A PUBLIC HEARING

ON A DRAFT PROPOSED LOCAL LAW TO AMEND

CHAPTER 90, “VEHICLES AND TRAFFIC”

OF THE CODE OF THE VILLAGE OF PELHAM

TO PROPERLY DEFINE PELHAM’S

MUNICIPAL PARKING PERMIT AREAS AND LOTS

IN ACCORDANCE WITH STATE AUTHORIZING LEGISLATION

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby gives notice that there will be a Public Hearing at 8 p.m. on Tuesday, October 19, 2004, in Village Hall, 195 Sparks Avenue, Pelham, New York, on a draft proposed local law to amend Chapter 90,  “Vehicles and Traffic” of the Code of the Village of Pelham to properly define Pelham’s municipal permit parking areas and lots in accordance with state authorizing legislation.

A copy of the draft proposed local law is available for review during normal business hours of 8 a.m. to 5 p.m. at Pelham Village Hall, 195 Sparks Avenue, Pelham, New York, 10803.

Title of Draft Local Law:

LOCAL LAW NUMBER __ OF 2004:

A DRAFT PROPOSED LOCAL LAW to amend Chapter 90,  “Vehicles and Traffic” of the Code of the Village of Pelham to To Properly Define Pelham’s Municipal Parking Permit Areas And Lots In Accordance With State Authorizing Legislation

Item # 12B – Declaring Vehicles As Surplus And Authorizing Their Sale By The Village.

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 seven in favor, none opposed, as follows:

RESOLUTION

AUTHORIZING THE SALE OF CERTAIN VILLAGE OF PELHAM VEHICLES

AS SURPLUS AND AVAILABLE FOR SALE BY THE VILLAGE

WHEREAS, the Village of Pelham Board of Trustees authorized the sale of surplus village vehicles and advertised such sale; and

WHEREAS, on Friday, October 1, 2004, the Village accepted and read five (5) open proposals for the vehicles to be sold, as follows:

1997 Ford Crown Victoria:

            Bidder                                                                                    Amount

1.         Superior Sales & Service, Mt. Vernon, NY            $1,750

2.         Pelham Taxi Corp., Pelham, NY                              $1,200

3.         Leonard Corsaro                                                      $   950

4.         Michael Quatrorio                                                     $   900

5.         Anthony Pelliccio                                                       $   800

and

1981 International Dump (used Manor Tree Truck)

1.         Superior Sales & Service, Mt. Vernon, NY            $   300

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes sale of the list of surplus vehicles and equipment in as-is condition pursuant to the open auction held as authorized by the resolution of August 17, 2004, as follows:

1997      Ford Crown Victoria    2FALP71W2VX219092     L79255 (passgr.)             $1,750

1981      International dump        IHTAA18E8BHA13306      (Manor Tree used trk)         $300

* All equipment is sold in “AS IS” condition.

AND BE IT FURTHER RESOLVED, that the Mayor and the Village Administrator are authorized to take the necessary and appropriate actions to effect the sale of these surplus vehicles and equipment, in the total approximate amount of $2,050.

Item #13 – Approval of accounts payable and authorization of payment.

After discussion and on the motion of Trustee Hotchkiss, seconded by Trustee Rozycki, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of seven in favor, none opposed, as follows:

RESOLUTION

WHEREAS, pursuant to Section 5-524 of the New York State Village Law, the Board of Trustees shall audit all claims against the Village.

NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Trustees after audit of the following claims, authorizes payment for services rendered and materials received, for the following items that have been submitted to the Treasurer's Office for payment and authorized by the Village Administrator:

Fund Name:                                                               Amount

General Fund                                                           $36,542.96

Water Fund                                                              $24,008.00

Capital Projects Fund                                                  $470.00

Trust and Agency Fund                                                    $0.00

H3 Fund                                                                             $0.00

                                               Grand Total               $61,021.19

NOW, THEREFORE, BE IT

RESOLVED, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof.

Item #13 – Motion to go into Executive Session to discuss personnel issues.

On the motion of Trustee Homan, seconded by Trustee Rozycki, the Board voted unanimously by a vote of seven in favor, none opposed, to adjourn into executive session to discuss contractual negotiations with the CSEA.

Item #14 – Minutes – The Board asked that minutes be prepared and circulated.

Item #15 – Adjournment.

There was no further business, and on the motion of Trustee Rozycki, seconded by Trustee Potocki, the Board voted unanimously to adjourn at 9:00 p.m.

Respectfully submitted,

Richard Slingerland

Administrator/Deputy Clerk