VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING

TUESDAY, JULY 18, 2006, 7:30 PM

VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY

MINUTES

1.                  Call To Order

2.                  Pledge of Allegiance

3.                  Award Presentation for Chief Glover

4.                  Mayor’s Report

5.                  Trustees’ Reports

6.                  Village Administrator’s Report

7.                  Public Comment                                                                                 Approximate

                                                                                                                                      StartingTime

      #       Agenda Items:                                                                                             of Discussion

Next Regular Board Meetings are Tuesday, August 8 and Tuesday, September 5, 2006

All meetings start at 7:30 p.m. unless otherwise noted.

* Agenda is subject to change until the night of the meeting.

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES

TUESDAY, JULY 18, 2006, 7:30 PM

VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY

Item #1 – Meeting called to order:  The meeting of the Board of Trustees was called to order by Mayor Michael J. Clain at 7:35 p.m.

The following members of the Board of Trustees were present:

Mayor Michael Clain, Trustees Greco, Homan, Hotchkiss, Merrick, Mohan and Potocki. 

Village staff in attendance:

Village Administrator Richard Slingerland and Administrative Aide Devron Wilson.

Item #2 – Pledge of Allegiance:

The Pledge of Allegiance was led by Mayor Michael J. Clain.

Item #3 – Award Presentation for Chief Glover:

Mayor Clain opened the presentation ceremony for Chief Glover, and noted that the award to Chief Glover is long overdue. He reviewed the Chief’s years of service to the Village of Pelham as both a volunteer and paid firefighter, and his years of service to the City of New York.  Trustee Mohan read the letter and award given to him in 1969 as Firefighter of the Year.

The American Legion of Pelham awarded Fire Chief Glover with a picture montage of a parade, and they presented a picture montage of this year’s Memorial Day to the village.

Fire Chief Carfora awarded Fire Chief Glover with a decorative fireman helmet commemorating his 44 years of service to the Pelham community and his 17 years as fire chief.

The Village of Pelham honored Fire Chief Glover with a certificate of appreciation and the first ever Pelham watch complete with the village seal on the face of the watch.

Fire Chief Bob Glover thanked everyone for their kind words and gifts.

Item #4 – Mayor’s Report: 

Mayor Clain reported that he had a meeting with The Westchester Housing Council and The Wartburg about Senior Housing.  They’ve come to the conclusion that the best location for the building would be next door to the firehouse.  He mentioned that the next stage in the process requires expenditure of funds.  He further mentioned that he contacted Pelham Glass, and they are willing to sell their property for the right price.  The mayor will get the property appraised and meet with the County to discuss the financing of the purchase for combined use as senior housing and municipal offices.

Item #5 – Trustees Reports:

Trustee Greco reported that he had a meeting with Bob Antonucci of Antonucci & Associates Architects & Engineers LLP, Village Administrator Rich Slingerland, Administrative Aide Devron Wilson, and Street Foreman Harry Pallett about repairs regarding parking Lots 2 and 3.  He further reported that Bob Antonucci will draft a proposal outlining the specs of the repair work and submit it to the Village Administrator Richard Slingerland by July 31^st, 2006. 

He recommended that the village have a list of capital projects for the next 10 years, giving the Village ample time to research grants and put a plan together.  Street Foreman Harry Pallet and Fire Chief Carfora will supply Trustee Greco with a list of capital projects for the village.

In addition, Trustee Greco mentioned the sewer repair work being done on 1st Street and 1^st Avenue to 1^st Street and 2^nd Avenue will be complete in a day or two.  He mentioned that the storm drain work is moving along smoothly.  Montesano Brothers, Inc. would like to start working at 7:30 a.m. during the week to get the storm drain repair completed even sooner.

Trustee Potocki voiced his concerns about parking issues in Pelham Manor.  He feels that Pelham Manor should be looking into additional parking for its residents.

Item #6 – Village Administrator’s Report: 

Village Administrator Richard Slingerland reported that the Home Rule to add resident

parking around Pelham schools was approved by the State.  The village is still waiting

on the governor’s signature on the bill.

Item #7 – Public Comment:

Raj Kharam of 7^th Avenue mentioned that non-residents are still parking on the block.  He submitted a list of drivers cars and license plates observed who don’t live on the block.  Trustee Potocki plans to have a meeting about this issue in September.

Item #16 – Discussion of the request for speed humps on Carol Avenue near Brookside Avenue:

Residents from Carol Avenue and Brookside Avenue spoke about the concerns they have about cars speeding down their street. 

Caroline O’Conner of 213 Carol Avenue thinks it would help to reduce people who speed down the street if the village had a police car waiting at Carol and Hillside Avenues. 

Cynthia Brown of Brookside Avenue is concerned about cars speeding along Parkway Drive.  She mentioned that cars are not stopping at the stop sign.

Ms. Connelly of Carol Avenue would like the village to act on this matter before someone gets injured.

The Mayor responded to the speeding concerns by letting everyone know that the village will hire a traffic engineer to assess the situation and come up with the best solution.  The Village should have a solution for this matter in September.

Item #8 – Considering the drainage plan and an amendment to the site plan submitted

by Lordae Realty for Phase 2 rock cliff stabilization:

Attorney Dan Hollis reported on behalf of Lordae Realty that they submitted plans to the Planning Board for Phase 2 Lots 14, 15, 16 and a drainage plan for Lot 18.  They will go before the planning board again on August 8, 2006 to discuss a more finalized drainage plan for Lot 18.  

George Murphy, P.E. of Tectonic Engineers reported that all the holes have been drilled for Lots 16 and 18.  However, they had to modify the bolting process on Lots 14, 15, and 16 as the rock behind the face was not stable enough to hold the bolts.

Mark Lukasik of Tectonic informed the village of the drainage plan they will use.  They would like to build a trench at the rear of the property on Lots 14, 15, 16, and 18 and run a pipe from the trench out to the street, connecting to the village storm drain pipe.

The Planning Board approved the plans submitted by Lordae Realty for Phase 2 on Lots 14, 15, 16 and the plans for drainage on Lot 18.

A motion was made by Trustee Greco, with a second by Trustee Mohan to adopt the resolution.  The motion passed unanimously by vote of seven in favor, none opposed.

RESOLUTION

AUTHORIZING THE DRAINAGE PLAN FOR LOT 18 AND AN AMENDMENT TO

THE PHASE 2 ROCK CLIFF CORRECTION LOTS 14, 15, 16 AND REMEDIATION

PLAN-OF-ACTION FOR LORDAE REALTY AS DISCUSSED

AT THE PLANNING BOARD MEETING OF JULY 11, 2006

WHEREAS, the need for this plan change is due to the discovery that the rock behind the face of the existing cut is deteriorated.  The revised plan has been prepared to address the structural needs of the bolts and nets based on this new information; and

WHEREAS, the issue of the remediation and stabilization plan for the wall contiguous to the property at 125 6^th Avenue is to be resolved and addressed under a separate plan, to be submitted, reviewed and approved at a later date.

THEREFORE, BE IT RESOLVED, by the Board of Trustees of the Village of Pelham that the report and recommendations of the Planning Board based on the discussion and presentation by Tectonic that took place at a Planning Board Meeting on July 11, 2006 and the recommendations of the Village’s Consulting Engineer, Robert Simpson, P.E., a Geotechnical Engineer with Carlin Simpson Consulting Engineers of Sayreville, New Jersey, specifically for drainage plan and an amendment to the rock cliff remediation plan Phase 2 proposed by Tectonic Engineers of Mountainville, New York, are found to be acceptable, with the provisions that all other previously approved plans and methods shall remain in full force and effect unless additionally amended by the Board of Trustees of the Village of Pelham; and

BE IT FURTHER RESOLVED, that the Mayor, Village Administrator and the Building Inspector are authorized to take the necessary and appropriate actions including execution of any related documents to effect this amended plan.

Item #9 – Considering the final site plan request by Commerce Bank for the property on the northwest corner of 5^th and Lincoln Avenues:

Note:  This matter was held off for one meeting to allow the applicant to complete and get the plans approved before the Board Meeting.  Item was tabled until August 8, 2006.

Item #10 – Authorizing an agreement and Change Order for the repair of the sanitary sewer along First Street in conjunction with the First Street Storm Sewer remediation project Contract 2005-06 A:

Mayor Clain reported he had a meeting with Domenic Montesano of Montesano Brothers Inc. on July 6, 2006 to discuss the sanitary sewer line repair. 

At this meeting it was finalized that the village will pay $85,000 to Montesano Brothers Inc. for the repair of the entire sewer line from 1^st Street and 1^st Avenue to 1^st Street and 2^nd Avenue, and Montesano would assume the rest of the cost of the repairs.

A motion was made by Trustee Greco, with a second by Trustee Merrick to adopt the resolution.  The motion passed unanimously by vote of seven in favor, none opposed.

RESOLUTION

AUTHORIZING AN AGREEMENT AND CHANGE ORDER #1

BETWEEN THE VILLAGE OF PELHAM AND MONTESANO BROTHERS

FOR THE REPAIR OF THE SANITARY SEWER ALONG FIRST STREET

IN CONJUNCTION WITH THE FIRST STREET STORM SEWER

REMEDIATION PROJECT CONTRACT 2005-06 A

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the agreement and Change Order #1 regarding the Sanitary Sewer Line Repair based on the Change Order Letter dated July 6, 2006 and the Direction Letter dated July 7, 2006, which is signed by the Mayor and the President of Montesano Brothers Inc., and such letters and agreement are attached to and made a part of these minutes.

Item #11 – Authorizing a contract for emergency relining of a 15” sanitary sewer from 2^nd Avenue to mid-block between 3^rd and 4^th Avenues:

Administrator Slingerland mentioned that this matter was handled under an emergency and publicly bid, and that 5-6 companies were contacted and 2 were able to bid in time.  It was mentioned that this lining process had been completed the week after the 4^th of July, and that it was designed to protect the remaining sanitary sewer line from collapse during the rest of the construction of the storm drain pipe along First Street.

A motion was made by Trustee Greco, with a second by Trustee Merrick to adopt the resolution.  The motion passed unanimously by vote of seven in favor, none opposed.

RESOLUTION

AUTHORIZING THE AWARD OF CONTRACT NUMBER 0665

FOR EMERGENCY REPAIR SEWER RELINING FROM 1^ST STREET AND 2^ND AVENUE

TO 1^ST STREET AND 3^RD AVENUE

WHEREAS, The Village Of Pelham Issued A Notice to Bidders and Request For Bids for Contract 0665 for Emergency Repair Sewer Relining from 1^st Street and 2^nd Avenue to 1^st Street and 3^rd Avenue in the Village Of Pelham; and

WHEREAS, a public notice was published on Friday June 30, 2006, in The Journal News Newspaper; and

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

WHEREAS, at 12 noon E.S.T., Friday, June 30, 2006, the Village of Pelham publicly opened and read two (2) proposals; and

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

                                                                                                            Base Bid

1.  EN-TECH Corp. of Closter, NJ                                               $32,100

2.  Allstate Power-Vac of Rahway, NJ                                          $43,350

WHEREAS, Administrator Richard Slingerland has determined that the lowest responsible bid that meets requirements is EN-TECH Corp. of Closter, NJ.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Pelham Village hereby award Contract 0665 for Emergency Repair Sewer Relining from 1^st Street and 2^nd Avenue to 1^st Street and 3^rd Avenue in the Village Of Pelham to EN-TECH Corp. of Closter, NJ, at the total approximate bid cost of thirty two thousand one hundred dollars ($32,100), based on unit prices; 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 #12 – Authorizing a lease contract for a new Administrative vehicle:

The Board asked and the Administrator confirmed the contract was publicly advertised.  Trustee Mohan checked and confirmed the Highlander gets the best gas mileage.

A motion was made by Trustee Merrick, with a second by Trustee Potocki to adopt the resolution.  The motion passed unanimously by vote of seven in favor, none opposed.

RESOLUTION

AUTHORIZING THE AWARD OF CONTRACT NUMBER 2006-04A

FOR 36-MONTH LEASE WITH OPTION TO BUY NEW FRONT WHEEL

DRIVE/AWD SMALL TO MID-SIZE SUV

WHEREAS, The Village Of Pelham Issued A Notice to Bidders and Request For Bids for Contract 2006-04A for a 36 Month Lease With Option to Buy New Front Wheel Drive/AWD Small to Mid-Size SUV for Chief of Police in the Village Of Pelham, after rejecting the first round of bids due to the fact the Village only received one bid; and

WHEREAS, a public notice was published on Friday, June 23, 2006, in The Journal News Newspaper; and

WHEREAS, during the notice period eight (8) companies were contacted and sent copies of the contract documents; and

WHEREAS, at 11 a.m. E.S.T., Friday, June 30, 2006, the Village of Pelham publicly opened and proposals from four (4) different dealers, with varying levels of lease payments, lease periods, Front Wheel Drive (FWD) and All Wheel Drive (AWD) and lease buyouts; and

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

                                                                                                Monthly Pymt              Buyout

1.  Curry Chevrolet of Scarsdale, NY                               $372.98                       $14,711.20

2.  Premium Nissan Ltd. of New Rochelle, NY                 $405.00                       $17,091

3.  Toyota City of Mamaroneck, NY                                  $319.00                       $16,589

4.  Nissan City of Port Chester, NY                                  $373.18                       $15,055

                                                                                          $377.09                       $16,486.25

WHEREAS, Administrator Richard Slingerland and Police Chief Joseph Benefico have determined that the lowest responsible bid for the AWD 36-month lease for the lowest buyout that meets the bid requirements is Toyota City of Mamaroneck, NY for a Toyota Highlander AWD vehicle.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Pelham Village hereby award Contract 2006-04A for a 36 Month Lease With Option to Buy New Front Wheel Drive/AWD Toyota Highlander AWD SUV for Chief of Police in the Village Of Pelham to Toyota City of Mamaroneck, NY., at the total approximate bid cost for the lease in the amount eleven thousand four hundred eighty-four dollars ($11,484) and a buyout of sixteen thousand five hundred eighty nine dollars ($16,589); and be it

FURTHER RESOLVED, that the Mayor, Administrator/Treasurer and Police Chief are authorized to take the necessary and appropriate actions to effect and execute this contract for these services.
Item #13 – Authorizing a contract for the preparation of a Pre-Disaster Hazard Mitigation Plan, funded with Federal monies through the Dept. of Homeland Security and administered by the State:

Trustee Mohan and Trustee Homan stated they wanted to be part of the Pre-Disaster Hazard Mitigation committee.  The Administrator mentioned the Village should have a couple of civilians from the area on the Committee, or contributing to the study.

A motion was made by Trustee Mohan, with a second by Trustee Merrick to adopt the resolution.  The motion passed unanimously by vote of seven in favor, none opposed.

RESOLUTION

AUTHORIZING THE AWARD OF CONTRACT NUMBER 2006-05 REQUEST FOR PROPOSALS FOR

PREPARATION OF A PRE-DISASTER HAZARD MITIGATION PLAN

FUNDED W / FEDERAL MONIES THROUGH THE DEPT. OF HOMELAND SECURITY

AND ADMINISTERED BY THE STATE OFFICE OF EMERGENCY MANAGEMENT

WHEREAS, The Village Of Pelham Issued A Request for Proposals for Contract 2006-05 for preparation of a Pre-Disaster Hazard Mitigation Plan for the Village of Pelham, and the Village:

·        Published a notice on Wednesday, May 31, 2006 in the Gannett Westchester Newspaper,

·        Sent copies of the contract documents to fifteen (15) companies during the notice period; and

·        publicly opened and read five (5) proposals at 11 a.m. E.S.T., Friday, June 16, 2006; and

WHEREAS, upon interviewing the three low bidders, checking references, reviewing qualifications, reviewing staff assigned to the project, and considering the request by the low-bidder ($24,000) to extend the preparation schedule, the proposal by Hazard Mitigation Consultants of Armonk, NY, is found to be non-compliant based on its inability to meet the deadlines and schedule for preparation of the plan; and

WHEREAS, on reviewing the remaining proposals, they were as follows:

1. Ecology and Environment, Inc. (Lancaster and NYC, NY) total bid = $24,900
2. Cashin and Associates (Hauppauge, NY) total bid = 25,000
3. Tetra Tech EMI (Rockaway, NJ) total bid = 25,000
4. Environmental Technology Group (ETG) (Hauppauge, NY) total bid = $24,889
5. Tectonic: NO FORMAL BID

WHEREAS, Administrator Richard Slingerland and Administrative Aide Devron Wilson have determined that the lowest responsible bid that meets requirements and the schedule is Environmental Technology Group (ETG) of Hauppauge, NY, at the total bid price of twenty-four thousand eight-hundred eighty-nine dollars ($24,889).

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Pelham Village hereby awards Contract 2006-05 for preparation of a Pre-Disaster Hazard Mitigation Plan for the Village of Pelham to Environmental Technology Group (ETG) of Hauppauge, NY at the total bid price of twenty-four thousand eight-hundred eighty-nine dollars ($24,889); 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, and a Committee is established of the Administrator, Administrative Aide, Fire Chief, Police Chief, Public Works Foreman and two civilians, to be named later, to complete this project.

Item #14 – Authorizing acceptance of a $6,500 grant from the State Archives and Records Administration for a G.I.S. Needs Assessment:

A motion was made by Trustee Greco, with a second by Trustee Mohan to adopt the resolution.  The motion passed unanimously by vote of seven in favor, none opposed.

RESOLUTION

AUTHORIZING THE ACCEPTANCE OF

A GRANT FROM THE NEW YORK STATE

ARCHIVES AND RECORDS ADMINISTRATION

THROUGH THE LOCAL GOVERNMENT

RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF)

TO PERFORM A GIS NEEDS ASSESSMENT

RESOLVED, that the Board of Trustees of the Village of Pelham authorizes the acceptance of a grant in the amount of $6,500 from the New York State LGRMIF program, for the Village of Pelham to perform a GIS Needs Assessment study, in cooperation with Westchester County, and authorizes the Mayor, the Administrator/Treasurer, and the Village Clerk, to take the necessary and appropriate actions to sign any relevant documents and effect this agreement.

Item #15 – Discussion of the results of the updated Police Dept. survey of Wolfs Lane Parking:

Trustee Potocki reported that police did spot checks on Wolfs Lane between Boulevard and 2^nd Street throughout the day to conclude how many open parking spots were available.

The data showed there are more open parking spots in the evening than there are in the afternoon.  Trustee Potocki noted that at no time was there zero open spots.

John Walsh of NYAC Avenue thanked the Board for their hard work and diligent study.

Item #17 – Authorizing an increase in the doubling limit for parking tickets:

The Administrator provided the Board with backup information about the last date of an increase, which was 1991.  The increase was authorized in the 15-day doubling limit for unpaid parking tickets to the current limit of $100, reachable in thirty days for a $25 ticket (e.g. $25 becomes $50 after 15 days; $50 becomes $100 after 30 days). 

Since the new ticket amounts have increased to between $40 and $100 per ticket, the doubling limit would be at or reach the maximum almost immediately.  Therefore, it was recommended to raise the maximum to $200 to increase the incentive for people to pay their tickets on a timely basis.

A motion was made by Trustee Potocki, with a second by Trustee Mohan to adopt the resolution.  The motion passed by vote of four in favor, three opposed.  Trustees Hotchkiss, Merrick, and Homan were all opposed.

RESOLUTION

AUTHORIZING AN INCREASE IN THE DOUBLING LIMIT

FOR PARKING TICKETS ISSUED IN THE VILLAGE OF PELHAM

TO A MAXIMUM AMOUNT PER TICKET OF TWO HUNDRED DOLLARS ($200)

RESOLVED, by the Board of Trustees of the Village of Pelham that the maximum doubling limit per each fifteen-day doubling period per parking and violation ticket issued in the Village of Pelham is hereby increased from a maximum of one hundred dollars ($100) to two hundred dollars ($200); and

BE IT FURTHER RESOLVED, that the Mayor, the Administrator/Treasurer and the Police Chief are authorized to take the necessary and appropriate actions to effect this agreement and reflect the increase on the new parking tickets to be printed.

Item #18 – Establishing daytime 2-hour parking on Young Ave. by Lincoln:

A motion was made by Trustee Homan, with a second by Trustee Greco to adopt the resolution.  The motion passed unanimously by vote of seven in favor, none opposed.

RESOLUTION

TO AMEND THE CODE TO MAKE PARKING RULES ON YOUNG AVENUE BY LINCOLN AVE.

CONSISTENT WITH THOSE IN THE REST OF THE PELHAMWOOD SECTION

BY INSTITUTING 2-HOUR ON-STREET LIMITED TIME PARKING

BE IT RESOLVED

that the following addition is made to § 90-53.  Schedule XIV: Limited-Time Parking.

Name of Street                          Side     Time Limit         Hours/Days       Location 

Young Avenue              Both     2 hrs.                8 a.m. to 6 p.m. From Washington Ave. to Lincoln

Avenue.

(delete Harmon Avenue)

AND BE IT FURTHER RESOLVED that the Village Administrator, the Village Clerk, the Police Chief and the Public Works General Foreman are authorized to take the necessary and appropriate actions to effect these parking regulation changes.

Item #19 – Establishing School Permit Parking areas on Colonial, Corlies and NYAC at the request of the Pelham Schools:

These school parking areas were requested by the Schools.  A copy of the letter is attached to and made a part of these minutes.

A motion was made by Trustee Homan, with a second by Trustee Potocki to adopt the resolution.  The motion passed unanimously by vote of seven in favor, none opposed.

RESOLUTION

TO ESTABLISH SCHOOL TEACHER AND STAFF PARKING REGULATIONS

BY THE PELHAM MIDDLE AND HIGH SCHOOLS

ON COLONIAL, CORLIES AND NYAC AVENUES

RESOLVED, that teacher and staff parking permits, to be issued by the Village of Pelham, are enacted for Colonial, Corlies and NYAC Avenues as streets contiguous to the Pelham Middle and High Schools, to be valid only on School Days, to read as follows:

Permit Parking

Pelham Schools

By Order of The

Village of Pelham

Item #20 – Year-End Budget Clean-up transfers:

A motion was made by Trustee Merrick, with a second by Trustee Homan to adopt the resolution.  The motion passed unanimously by vote of seven in favor, none opposed.

RESOLUTION

Re: Year-end Budget Transfers for 2005-06

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 2005-06 Budget by making the

                  following transfers: