VILLAGE OF PELHAM
BOARD OF TRUSTEES MEETING
TUESDAY, OCTOBER 19, 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
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Site Plan Applications |
8:30 p.m. |
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7 |
Resolution for Site Plan approval of an application by DeStefano to make an addition to 446 5th Avenue. |
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8 |
Considering an appeal by DeAngelis for an Awning application for 135-137 Wolfs Lane that has been denied by the Architectural Review Board (ARB). |
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Parking |
9:00 p.m. |
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9 |
Public hearing on a draft proposed Local Law to amend the Code to effect changes and update references to Village Municipal Parking Lots. |
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Procurement |
9:15 p.m. |
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10 |
Authorizing a Financial Services Consulting Agreement to establish a Bond Rating for the Village of Pelham |
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11 |
Authorizing the award of Contract 2004-10 for Street Milling and Repaving Contract |
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12 |
Authorizing the award of the Hydrant Replacement emergency contract to the second low-bidder Joken, Inc., of White Plains, NY, due to the default of the low-bidder United Water, Inc., and authorizing an amended budget appropriation from the Water Surplus to cover the additional expense. |
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Housekeeping |
9:45 p.m. |
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13 |
Old Business/New Business |
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14 |
Approval of accounts payable and authorization of payment |
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15 |
Motion to approve the minutes of June 1, 2004, and June 15, 2004 |
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16 |
Adjournment |
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* Next meeting of the Board of Trustees – 8 p.m. Tuesday, November 2, 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 19, 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 and Peter Potocki. Trustee Michael Rozycki absent.
Village staff attending the meeting were:
Item #4 – Trustees’s Reports:
Trustee Hotchkiss reported on the Village’s investment policy and depositories, and that he had been checking into the collateralization required for the Village’s deposits.
Item #5 – Village Administrator’s Report: Administrator Slingerland reported that the Village’s fall leaf pickup would start soon, that the PBA negotiations were continuing, and that the Village would soon receive the remaining $50,000 in a grant to fund the 5th Avenue traffic light improvements through the NYS Dormitory Authority.
Item #6 – Public Comment:
Gwen Tapogna of Sparks Avenue inquired about the proposed plans for the parking deck behind Village Hall, including the existing and proposed uses and plans for the site. She commented she felt the site could not support all the proposed uses, including the needs of the Post Office. The Mayor responded there would be representation from Sparks Avenue and other parts of the Pelham community, and that he thought the proposed uses could all work on the site. He said he would appoint Mrs. Tapogna to the Committee.
John Cassone complimented Con Edison’s subcontractor Persico, and Village Clerk Terri Rouke, for removing loose plates over street construction areas by 7th Avenue.
Mayor Clain read a letter from Mary Hearle into the record thanking the Village, and Administrator Slingerland and General Foreman Pallett, for correcting the street stormwater runoff problem that was causing flooding on her property. Trustee Homan asked about the status of the sewer repairs on Elderwood and Boulevard, and Administrator Slingerland informed her the work would resume soon.
Joel Jae of Manning Circle asked about the Post Office’s plans and space needs for the Sparks Avenue site. Mayor Clain explained the Post Office had requested about 6,000 s.f. of office and retail space, and noted that the Police Department would need at least 4,000 s.f. of office and storage space. He also asked whether the Village would be doing a traffic study to determine if traffic had increased due to the Sandford Boulevard development. Mayor Clain commented the Village would be cooperating with Westchester County on their traffic and traffic light timing study. Mr. Jae commented that many “No Turn on Red” signs are not necessary at 3 a.m.
Mrs. Dariani of Manning Circle asked the Village to install a catch basin on Sparks Avenue, to reduce the stormwater flooding, and asked some questions and raised concern about the density of use for the Sparks Avenue property.
John Platt of Manning Circle commented on the traffic on the Hutchinson River Parkway and that putting a new office complex on Sparks Avenue would overburden the traffic load in the Sparks Avenue neighborhood.
Mr. Walter Wright of Manning Circle commented that the Post Office already owns commercial property on First Street, and he and Mayor Clain discussed some of the details of the proposals. Trustee Homan commented that the Village wants to keep the Post Office in the Downtown. Mrs. Tapogna and Mr. Jae said they were both concerned about traffic impacts and increases in the neighborhood. After further discussion, Mayor Clain commented there would be a separate process and discussion of the plans at a separate public meeting sometime in the next 3 weeks.
Item #7 – Resolution for Site Plan approval of an application by DeStefano to make an addition to 446 5th Avenue.
The Board discussed the application, and heard input supporting the application in its current form by Gwen Tapogna as Planning Board Chair, and Barbara Bartlett as a member of the Architectural Review Board.
AUTHORIZING THE SITE PLAN (DESTEFANO) FOR TWO STORY ADDITION
AT 446 FIFTH AVENUE
RESOLVED, that the application for a Site Plan to construct a two story addition by Destefano is approved, based on the review and recommendations by the Architectural Review Board and the Planning Board and;
BE IT FURTHER RESOLVED, that conditions apply as follows:
1. That the Addition must be built in accordance with plans dated ,August 25, 2003, April 29, 2004, August 23,2004 and received by the Village for ARB on May 7, 2004, and for Planning Board on October 1, 2004 and must be built according to the window and trim details, and approved colors and materials (as specified on plans) as:
a. Window Schedules (see plans, p.2,4,6,);
b. Door Schedules (see plans, p 2 ,4,6);
c. All elevation details as per sheets ;
d. Six Off-street parking spots at the rear of the building with each a minimum of 6’ X 18’ with 4” yellow stripes, (see Plans, p 1 dated August 23, 2004);
e. Drywell calculations as per sheets,
2. The Addition must be built according to the notations for the following:
a. Every finish
b. Full pallet and detail of materials
c. Colors
d. Mechanicals in the basements
4. That there must be at least two new (2) drywells, two (2) 1714.90 cubic foot, on the sites as shown on the plans, to collect stormwater and minimize contribution to the Village’s stormwater system.
5. Uses within the building are as per approved plans
6. Any other actions deemed necessary by the Mayor, Village Administrator, Building Inspector, Village Engineer, and other officials of the Village of Pelham.
7. That the application and permit shall remain subject to the continued jurisdiction of the Board of Trustees.
8. At no time may construction commence and not strictly adhere to the construction timeline this will be considered a violation of the Planning Board approval;
AND, BE IT FURTHER RESOLVED, that this application for a site plan by Destefano for 446 Fifth 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.
Item #8 – Considering an appeal by DeAngelis for an Awning application for 135-137 Wolfs Lane that has been denied by the Architectural Review Board (ARB).
The Board discussed Mr. DeAngelis’s application, including the differences of opinion about where the awnings should be placed, and how the Village Code applies to determine that an awning should fit a fenestration, or window.
The following report of the Architectural Review Board was made a part of the record.
To: The Pelham Village Board of Trustees
Date: October 14, 2004
Re: DeAngelis application to install awnings at 135, 137 & 139 Wolf’s Lane
Applicant came to the ARB with sample drawings of awnings for installation at the captioned locations. While the ARB welcomed the improvement conceptually, the applicant was advised that the awnings could not be affixed to the masonry wall over the soldier course, but must be limited to the area of fenestration as per Village code, Section 77-9 B.(4).
In other words, the awning must be mounted under the brick soldier course, within the masonry opening.
Applicant returned at a later date with photographs of awnings within the Village which were affixed to masonry. He was informed that the installations he presented in the photographs were illegal and therefore the Board’s position remained unchanged.
In addition to Mr. DeAngelis’ desired method of installation being against Village code, it obscures the soldier course of brick above the storefronts. The solder course adds an attractive detail to the building and should remain visible.
The Board recommends that Applicant install the awnings in compliance with Village code.
After lengthy discussion, the Board agreed with the Architectural Review Board and informed Mr. DeAngelis he should comply with the Village Code and install the awning so that it does not encroach on or obscure the soldier course row of bricks defining the fenestration, or window. The Board asked Mr. DeAngelis to submit new drawings and plans showing the new awning to be installed in compliance with the Village Code.
Item #9 -- Public hearing on a draft proposed Local Law to amend the Code to effect changes and update references to Village Municipal Parking Lots.
The Board discussed the proposed local law, and the Administrator explained it was intended to update the Village Code and reflect current lots, and reflect the state authorizing legislation for the Lot 10 area at Wolfs Lane and Boulevard West. There were no speakers on the draft proposed local law.
After discussion and on the motion of Trustee Homan, seconded by Trustee Merrick, the following Local Law was adopted as Local Law # 7 of 2004 by the Board of Trustees of the Village of Pelham by vote of six in favor, none opposed one absent (Rozycki), as follows:
LOCAL LAW NUMBER 7 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
Be enacted by the Board of Trustees of the Village of Pelham as follows:
Section 1.
The following changes are enacted to the Code of the Village of Pelham as follows:
ARTICLE VI, Off-Street Parking Areas
§ 90-23. Designation of areas.
The following properties now owned by the Village of Pelham are hereby designated as off-street municipal parking areas:
A. Municipal Parking Lot No. 1. Property located on the southerly side of First Street, 120 feet west of the westerly curbline of Fifth Avenue, and being known as Section 1, Block 199, Lots 5 and 6 on the assessment map of the Town of Pelham.
B. Municipal Parking Lot No. 2. That part of the former New York, Boston & Westchester Railroad Company right-of-way on the north side of Third Street between Fourth Avenue and Fifth Avenue, and being known as Section 1, Block 162, Lots 16 and 18, and Block 170, Lot 1C, on the assessment map of the Town of Pelham.
C. Municipal Parking Lot No. 3. That part of the former New York, Boston & Westchester Railroad Company right-of-way on the north side of Third Street and the easterly side of Fifth Avenue and the lot adjacent thereto, said premises being known as Section 1, Block 163, Lots 6, 11 and 12 on the Assessment Map of the Town of Pelham.
D. Municipal Parking Lot No. 4. Property located on the easterly side of Fourth Avenue, at the property of 24 4th Avenue, known as Section 1, Block 27, Lot 17.
E. Municipal Parking Lot No. 5. – Reserved.
F. Municipal Parking Lot No. 6. – Reserved.
G. Municipal Parking Lot No. 7. Property located to the rear of the Village Hall, 195 Sparks Avenue, and being known as Section 2, Block 202, Lot 26 on the assessment map of the Town of Pelham.
H. Municipal Parking Lot No. 8. – Reserved.
I. Municipal Parking Lot No. 9 – Property located within the Village of Pelham right-of-way at public parking meters, along the west side of Fifth Avenue, from Seventh Street to Willow Avenue.
J. Municipal Parking Lot No. 10 – Property located within the Village of Pelham right-of-way at public parking meters, along the east side of Wolfs Lane, from Franklin Place to Boulevard, and along the south side of Boulevard, from Wolfs Lane to the City of Mount Vernon boundary.
Section 2.
This local law shall take effect upon its adoption and filing with the Secretary of State.
Item #10 -- Authorizing a Financial Services Consulting Agreement to establish a Bond Rating for the Village of Pelham.
After discussion and on the motion of Trustee Merrick, seconded by Trustee Greco, the following resolution was adopted as amended by the Board of Trustees of the Village of Pelham by vote of six in favor, none opposed one absent (Rozycki), as follows:
AUTHORIZING THE AWARD OF CONSULTING AGREEMENT
TO ESTABLISH A BOND RATING FOR THE VILLAGE OF PELHAM
WHEREAS, The Village Of Pelham issued a Request For Proposals for a Consulting Agreement to perform Financial Consulting Services for the purpose of establishing a Bond Rating for the Village of Pelham; and
WHEREAS, the Village Administrator/Treasurer contacted three (3) companies – New York Municipal Advisors Corporation (NYMAC), Public Finance Associates (PFA), and Munistat, three companies which perform these services; and
WHEREAS, on Tuesday, October 12, 2004, at 11:15 a.m., the Village publicly opened and read aloud two (2) proposals, which were as follows:
1. NYMAC Fee Not to exceed $5,000; no number quoted
on the rating agency fee.
2. Public Finance Associates: Estimate of 20 hours at $135 = $2,700;
estimate submitted for rating associated with a
$3 million bond purchase Rating Agency Fee
of $6,500; possibly less if not done
simultaneous with a bond
WHEREAS, Administrator Richard Slingerland has determined that the lowest responsible bid that meets the requirements is Public Finance Associates.
NOW, THEREFORE, BE IT RESOLVED, that the Village hereby awards the contract for financial consulting services to Public Finance Associates estimated not to exceed the amount of three thousand dollars ($3,000), with the amount of the Rating Agency Fee to be determined by the Rating Agency selected; 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.
Item #11 -- Authorizing the award of Contract 2004-10 for Street Milling and Repaving Contract.
After discussion and on the motion of Trustee Potocki, 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 (Rozycki), as follows:
AUTHORIZING THE AWARD OF CONTRACT NUMBER 2004-10
BASED ON THE REQUEST FOR BIDS
STREET MILLING AND REPAVING CONTRACT
WHEREAS, The Village Of Pelham advertised a public notice requesting bids for the Village’s CHIPs funded Street Milling and Repaving Contract under Contract 2004-10; and
WHEREAS, a public notice was duly published on Wednesday, September 22, 2004, in the Gannett Westchester Newspaper, an official newspaper of the Village of Pelham, eight (8) companies were sent the bid documents, and one company submitted a bid, and one responded as being unable to perform the work at this time; and
WHEREAS, at 11:30 a.m. on Wednesday, October 13, 2004, the Village publicly opened and read aloud two (2) envelopes, which included the following:
1. ELQ Industries, Inc. $270,053
Speed Humps – Addendum 1 $4,882
2. P & B Paving Unable to bid at this time.
WHEREAS, Administrator Richard Slingerland has determined that the lowest responsible bid that meets the requirements is ELQ Industries, Inc., at a total approximate bid price not to exceed two hundred thousand dollars ($200,000.00), the Village’s remaining CHIPs balance for this year, and next State FY starting April 1, 2005, for the milling and paving, and the installation of speed humps.
NOW, THEREFORE, BE IT RESOLVED, that the Village hereby awards Contract 2004-10 for Street Milling and Repaving Contract, and the installation of Speed Humps under Contract 2004-10 in an amount not to exceed the Village’s CHIPs balance this year of approximately $130,000, and the new allocation due April 1, 2005 in the projected amount of $70,000, for a total of approximately $200,000; 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.
Item #12 -- Authorizing the award of the Hydrant Replacement emergency contract to the second low-bidder Joken, Inc., of White Plains, NY, due to the default of the low-bidder United Water, Inc., and authorizing an amended budget appropriation from the Water Surplus to cover the additional expense.
After discussion and on the motion of Trustee Hotchkiss, 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 (Rozycki), as follows:
ADDITIONAL APPROPRIATION AND BUDGET AMENDMENT RESOLUTION
RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the additional appropriation of $4,000 from Water Fund Balance – Account F-4000, to fund repairs to fire hydrants in the Pelham Water Supply, due to the default of United Water, and the Village’s need to go with the second low-bidder Joken Corp. at $21,000, augmenting the appropriation approved by the Board on June 15, 2004, and
RESOLVED, that pursuant to New York State Village Law the following amendments are made to the Pelham Water Fund Budget as follows:
REVENUES
Increase Water Fund Surplus – Used F-4000 $4,000
EXPENSES
Increase Transmission & Distribution
Contractual Services F-8340.400 $4,000
FIRE HYDRANT REPLACEMENT BID AWARD RESOLUTION
WHEREAS, the Village of Pelham Public Water Supply ID# 5911901 has four (4) broken and non-working fire hydrants; and
WHEREAS, General Foreman Harry Pallett obtained three (3) bids to comply with the Village of Pelham’s purchasing policy for work to be performed under $20,000;
WHEREAS, two of the three bids exceeded the $20,000 bid threshold under General Municipal Law – Landi Contracting at $23,000, and Joken Corp. at $21,000, and one did not, specifically a bid for the repairs from United Water, New Rochelle, in the amount of $16,969.68;
WHERREAS, unfortunately, the Village was advised by United Water that it was too busy to perform the work bid, and thus the Village had to proceed with the second low-bidder, Joken;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Pelham authorizes the award of this contract for repair in the total approximate bid amount of twenty-one thousand dollars ($21,000.00) for the replacement of four (4) fire hydrants in the Village of Pelham Public Water Supply at locations of 236 Cliff Avenue, Highbrook Avenue and Irving Place, Corlies Avenue and Franklin Place, and Wolfs Lane and First Street.
Item #13 – Old Business/New Business:
The Board asked to have the Garbage Contract Renewal on for discussion again at the November 16, 2004 Board Meeting.
Item #14 -- Approval of accounts payable and authorization of payment.
After discussion and on the motion of Trustee Homan, 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 (Rozycki), 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 $220,634.29
Water Fund $390.00
Capital Projects Fund $0.00
Trust and Agency Fund $0.00
H3 Fund $0.00
Grand Total $221,024.29
NOW, THEREFORE, BE IT
RESOLVED, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof.
Item #15 -- Motion to approve the minutes of June 1, 2004, and June 15, 2004.
On the motion of Trustee Greco, seconded by Trustee Merrick, the Board voted unanimously by vote of five in favor, none opposed, one absent (Rozycki), one abstention (Homan), approve the minutes of June 1 and June 15, 2004.
Item #16 – Adjournment: On the motion of Trustee Homan, seconded by Trustee Greco, the Board of Trustees of the Village of Pelham voted unanimously by vote of six in favor, none opposed, one absent (Rozycki), to adjourn the Meeting at 10:30 p.m.
Respectfully submitted,
Richard Slingerland
Administrator/Deputy Clerk