VILLAGE OF PELHAM BOARD OF TRUSTEES SCHEDULED MEETING

TUESDAY, JUNE 6, 2006, 7:30 PM

VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY

MINUTES

1.                  Call To Order

2.                  Pledge of Allegiance

3.                  Mayor’s Report

4.                  Trustees’ Reports

5.                  Village Administrator’s Report

6.                  Public Comment                                                                                 Approximate

                                                                                                                                     Starting Time

      #       Agenda Items:                                                                                             of Discussion

Next Regular Board Meetings are Tuesday June 20 and July 18, 2006 at 7:30 p.m.

SUMMER MEETINGS ARE JULY 18^TH AND AUGUST 15^TH UNLESS RESCHEDULED.

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 MEETING MINUTES

VILLAGE HALL - 195 SPARKS AVENUE, PELHAM, NY

TUESDAY, JUNE 6, 2006

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.

Item #2 – Pledge of Allegiance

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

Item #3 – Mayor’s Report

Mayor Clain reported that Lordae Realty will complete their rock scaling Phase 1 operation as of as of June 7^th, but they will need a work easement from Pelham Medical.  Pelham Medical will appear before the Planning Board on June 13, 2006 and subsequently will appear before the Trustees on June 20, 2006.  Pelham Medical plans a different approach to stabilize the cliff than Lordae Realty.

Mayor Clain also reported on Senior Housing, including the issuance of the request for proposal, with completion of the feasibility study due by September 1, 2006.

Item #4 – Trustees Reports:

Trustee Greco reported he had a meeting on June 1, 2006 about the first street storm drain, and the project is generally on schedule.  Trustee Merrick asked whether the whole trench would be open at once, and Trustee Greco explained it would be open 50 ft. at a time.  Augie Carideo asked about the depth of the trench, and Trustee Greco explained it is 30 feet deep at it’s deepest point.  Trustee Greco also reported the Joe Leavey Foundation is having their annual softball tournament.  Joe Gioia and Pete Reynolds run the tournament.  Furthermore, on July 8^th, 2006 John Hynes is starting a “Field of Dreams” project for Hutchinson School and P.T.A. Crosswalk support.

Trustee Potocki reported that the downtown mural looks great.  He thanked Gail Orfei, and the Civics Chamber Arts students for their efforts. In addition he thanked Caruso’s Paint and Hardware for their donation of paint and tools.   He mentioned the Metro North had finally screened their equipment shed behind the four homes on Washington Avenue with 10 Leyland Cypress trees.  Amy Pauling, Jim Maisano, Michael, Pete, and Rich all were involved.  He thanked the MTA for their help with the trees as well.

Next, Trustee Potocki reported the parking committee is meeting with the school’s new consultant, P.E. Steve Grogg from TRC  Raymond Keyes.

Trustee Merrick reported on the points discussed at the Wolfs Lane Parking Meeting.  The people at the meeting want Pine Trees; they need an irrigation system.

Trustee Homan is opposed to improving the park on a piece-meal basis, and recommended the Village establish a master plan for the park that is implemented in phases.  Both Mayor Clain and Trustee Merrick agreed.  The Mayor estimated the implementation of the first planting phase of the master plan would cost between $25,000 to $50,000.  Trustee Homan reminded him that the village had been asked to contribute towards the Downtown flower planters.  Mayor Clain suggested that we establish a 5-year implementation plan with costs spread over the 5-year period.  Trustee Merrick suggested we remove the junk trees and add new planting now that will make it more of a separate space.  Trustee Homan just wanted a vision now, and implementation after the plan is established.

Item #5 – Village Administrator’s Report: 

Administrator Slingerland reported that the First Street Sewer Project is making progress.  He reported the Tree Removal & Hazard Mitigation contracts are out to bid.  He reminded everyone that this week is Hydrant Flushing week.  Finally, he mentioned the Senior Housing RFP and feasibility study.

Item #6 – Public Comment:

Raj Kairam of 7^th Avenue mentioned that parking on the street is a major problem, with an increase in impacts caused by out-of-town commuters.  Trustee Homan confirmed that parking is worst during the week and sometimes on Saturday as well.

Mr. Kairam requested the village put up 2-hour parking restrictions from 7 a.m. to 6 p.m. Monday through Friday to alleviate the parking problem.  John Cassone reminded the Board of its review several years ago, including Trustee Iarocci’s promise to revisit the situation if is became a major problem.  Mr. Cassone did not want the parking restrictions to penalize residents.  The Board referred the request and petition to Trustee Potocki for review and recommendation.

Oaths of Office – Fire Chief and Deputy Fire Chiefs

The Mayor gave the oath of office to Fire Chief Richard Carfora and Deputy Chiefs Edward Rayner and Ron Giustino.

Item #7 – Hearing on a draft proposed Local Law to enact various amendments to the Village Code regarding enforcement of various building and property codes and other Village ordinances:

A motion was made by Trustee Homan, with a second by Trustee Greco to continue the public hearing.

The Mayor opened the public hearing.  There was no public comment on the proposed law, and the Board voted unanimously to continue the public hearing.   The text of this law is available in draft form in the Administration Office, and on the Village’s website.  The text of the local law will be included in the minutes of the Board when it is adopted.

Draft 5/25/06

A local law that amends Chapter 35, repeals licensing laws preempted by Westchester County law, adopts new sections to            require vendor licenses, and adopts new sections and amends others to set higher minimum fines for certain violations of Village law.

Item #8 – Hearing on a draft proposed Local Law to enact Water System Regulations in the Pelham Village Code:

A motion was made by Trustee Homan, with a second by Trustee Greco to continue the public hearing.

The Mayor opened the public hearing.  There was no public comment on the proposed law, and the Board voted unanimously to continue the public hearing.  The text of this law is available in draft form in the Administration Office, and on the Village’s website.  The text of the local law will be included in the minutes of the Board when it is adopted.

Draft 5/25/2006

 SEQ CHAPTER \h \r 1

                                                                                                             SEQ CHAPTER \h \r 1A local law that                                                                                                                                establishes a water code                                                                                                             for the Village of Pelham,

as a new Chapter 96.

Item #9 – Authorization for a Memorandum of Understanding with Pelpark:

Attorney Al DelBello made a presentation on behalf of Pelpark, LLC.  He reported on the status of the negotiations regarding the swap and transfer of land.  Mayor Clain suggested that a swap would result in a material, financial and aesthetic benefit to Pelpark and asked what the benefit would be to the people of the Village of Pelham.  Mr. DelBello agreed in general with Mayor Clain’s comment, and a discussion ensued about Phase 1 & Phase 2 environmental liability, if contamination exists.  The Board asked the Administrator to check on the status of any cleanup or remediation of the oil or gas leak on the Village Hall and Public Works property, from the below-ground gasoline tanks.  Mayor Clain mentioned if the Village proceeds with the independent option, there would be much less disturbance than the joint project with Pelpark.

Trustee Hotchkiss prompted a discussion suggesting that the village need not be so concerned with fairness of the project, but rather concerned with tolerance and value of dollars.  Mr. DelBello commented the project needs to work for both sides. 

* Note:  This topic was tabled by the Board for discussion in Executive Session.

Item #10 – Authorizing The Terms Of Employment for The Fire Chief

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

RESOLUTION

AUTHORIZING THE TERMS OF EMPLOYMENT

FOR THE PELHAM FIRE CHIEF

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the terms of employment for Fire Chief Richard Carfora, on a Part Time basis, with an effective date of appointment of May 1, 2006, as enumerated in a letter signed by him and the Village Administrator dated May 25, 2006, subject to the requirements of Civil Service. 

Item #11 – Authorizing the creation of four (4) paid Fire Lieutenant positions

* Note:  This matter was tabled by the Board for discussion in Executive Session.

Item # 12 – Amending the Police Department uniform policy

A motion was made by Trustee Potocki, with a second by Trustee Homan to adopt the resolution.  The resolution was approved unanimously by vote of seven in favor.

RESOLUTION

AUTHORIZING AN AMENDMENT TO

THE POLICE DEPARTMENT UNIFORM POLICY

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorize an amendment to the police department uniform policy of the Village of Pelham, as approved dated June 6, 2006, which is referenced by these minutes as Section 6 of the Pelham Police Department policies and procedures.

Item # 13 – Parking on the East Side of 3^rd Ave. 20 ft. North of 1^st Street to a point about 125 ft. North, limited to 2 hours

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

AMENDING THE VILLAGE CODE § 90-53 ON LIMITED TIME PARKING

TO ALLOW 2-HOUR PARKING ON THE EAST SIDE OF 3^RD AVENUE

FROM A POINT 20 FEET NORTH OF FIRST STREET TO THE FIRST DRIVEWAY

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby enacts the following amendment to the Pelham Village Code § 90-53 On Limited Time Parking, as follows:

Name of           Side                 Time                 Hours/                          Location

Street                                       Limit                 Days

Third Avenue  east                    2 hrs.                8 a.m. – 6 p.m.             From a point 20 feet north of

                                                                        Monday thru                 First Street to the first

Saturday                       driveway, a distance of

approximately 125’ north of

First Street

Item #14 -- New York State Home Rule request to extending the residential parking permit area in Pelham.

The Mayor and Board discussed the matter, including the letters, memos and bill text recently submitted to Senator Jeff Klein and Assemblywoman Amy Paulin.  Mayor Clain explained the Village is coordinating teacher and school staff parking permits around the Colonial Elementary School, under the provisions of the Attorney General’s opinion regarding regulating parking around schools as governmental buildings.  The Mayor further explained the Village’s plan to expand the residential parking permit area under NYS Vehicle and Traffic Law would not prevent or prohibit other members of the public from parking on the streets around the schools for the posted 1 hour limits.

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

RESOLUTION

REQUESTING HOME RULE LEGISLATION

EXTENDING THE RESIDENTIAL PARKING PERMIT AREA

IN THE VILLAGE OF PELHAM

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby requests our State delegation, Assemblywoman Amy Paulin and Senator Jeffrey Klein to introduce legislation to amend Article 39, Section 1640-d of the NYS Vehicle and Traffic Law, entitled, “Residential parking system in the village of Pelham” to extend the area authorized in the law around the Colonial Elementary School and the Pelham Middle and High School, as follows:

both sides of NYAC Avenue, from Franklin Avenue to Second Street;

both sides of Corlies Avenue, from Colonial Avenue to Second Street;

both sides of Pelhamdale Avenue, from Colonial Avenue to Irving Place;

both sides of Highbrook Avenue, from Colonial Avenue to Irving Place;

both sides of Boulevard, from Wolfs Lane to Highbrook Avenue.

AND BE IT FURTHER RESOLVED, that the Village of Pelham respectfully requests the assistance and authorization from New York State to enact these new provisions so the Village may regulate the parking around these schools in a more orderly and fair manner. 

Item #15 – Discussion of the results and recommendations from the Westchester County Traffic Light Timing Study

* Note:  This matter was tabled by the Board for future discussion.

Item #16 – Acceptance of 35 Tons of salt from D. Rango Landscaping

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

RESOLUTION

ACCEPTING 35 TONS OF ROCK SALT

FROM D. RAGNO LANDSCAPING

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby acknowledges and accepts a donation at no cost to the Village of Pelham of thirty five (35) tons of rock salt from D. Ragno Landscaping, at a value of ninety eight dollars a ton ($98), for a total value of $3,430, and thanks him for his donation to the people of the Village of Pelham.

Item #17 – Acceptance of office furniture for the Police Department

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

ACCEPTING VARIOUS ITEMS OF USED FURNITURE

FOR USE BY THE PELHAM POLICE DEPARTMENT

FROM CHASE

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby acknowledges and accepts a donation at no cost to the Village of Pelham of various items of used furniture, including the following list:

from Chase via Sal Ariganello, at a total estimated value of $19,600, and thanks Chase & Mr. Ariganello for his donation to the people of the Village of Pelham.

Item #18 – Acceptance of paint and materials from Caruso Paint and Hardware

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

RESOLUTION

ACCEPTING VARIOUS ITEMS OF EQUIPMENT AND MATERIALS

FOR PAINTING THE DOWNTOWN MURAL

FROM CARUSO PAINT AND HARDWARE

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby acknowledges and accepts a donation at no cost to the Village of Pelham of various items of equipment, tools and materials, including paint and other materials such as brushes, rollers, roller-pans, drop cloths, at a total value of approximately one thousand dollars ($1,000), to paint a 1,400 s.f. mural on the construction barricade in the Pelham Downtown, and thanks Caruso Paint and Hardware for its donation to the people of the Village of Pelham.

Item # 19 – Authorizing the accounts payable

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

AP resolution #1                                                            RESOLUTION

ACCOUNTS PAYABLE

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

WHEREAS, this resolution is attributable to the 6/1/2005 through 5/31/2006 Fiscal Year.

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/Treasurer:

Fund Name:                                                                                             Amount

General Fund                                                                                        $41,273.58

Water Fund                                                                                               $2,410.00

Capital Projects Fund                                                                                $857.50         

Trust and Agency Fund                                                                             $126.00

H3 Fund                                                                                                            $0.00

                                                              Grand Total                             $44,667.08

AP resolution #2                                                            RESOLUTION

ACCOUNTS PAYABLE

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

WHEREAS, this resolution is attributable to the 6/1/2006 through 5/31/2007 Fiscal Year.

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/Treasurer:

Fund Name:                                                                                             Amount

General Fund                                                                                                  $0.00

Water Fund                                                                                                       $0.00

Capital Projects Fund                                                                        $106,780.00         

Trust and Agency Fund                                                                                 $0.00

H3 Fund                                                                                                            $0.00

                                                              Grand Total                           $106,780.00

NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof.

Item # 20 – Old Business/New Business

There was no new or old business discussed.

Item # 21 – Minutes:  May 16, 2006

On the motion of Trustee Homan, seconded by Trustee Mohan, the Board approved the minutes of May 16 2006 by vote of six in favor, none opposed, one abstention (Merrick) due to absence from the meeting.

Item # 22 - Adjournment :  The Mayor asked for a motion to go into Executive Session on discussion of negotiations regarding a land sale, and discussion of personnel issues.  On the motion of Trustee Homan, seconded by Trustee Greco, the Board agreed unanimously to adjourn the public portion of the Board Meeting and go into Executive Session to discuss the stated matters. 

On the motion of Trustee Homan, seconded by Trustee Greco, the Board voted unanimously to adjourn the public portion of the board meeting at 9:08 p.m.

Respectfully submitted,

Devron Wilson, Administrative Aide

Richard Slingerland, Administrator/Deputy Clerk