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VILLAGE OF PELHAM BOARD OF TRUSTEES

VILLAGE HALL - 195 SPARKS AVENUE, PELHAM, NY

TUESDAY, MAY 16, 2006

Item #1 – Meeting called to order: The meeting of the Village of Pelham 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, Mohan and Potocki.

Absent: Trustee Merrick

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 the rock scaling operation had begun along the Lordae Realty properties. He noted that Pelham Medical is behind on its plans, and is scheduled for further review during the June Planning Board Meeting.

Item #4 – Trustees’ Reports:

Trustee Greco reported that the Village’s consulting Engineer Bob Simpson would be setting up a joint meeting of the engineers for Lordae Realty and Pelham Medical, to arrange for a cohesive plan. He reported that the First Street Storm Drain Work had begun, and that the work would be starting May 17^th, the total project would last about 4 months, and the original concept for the work was designed about fifty (50) years ago.

Trustee Potocki reported the Downtown barricade had been painted and was ready for the mural to be painted by 28 art students, to be led by art teacher Gail Orfei. He reported on the schools parking meeting of May 11^th and that the committee was still working to try and resolve the schools’ parking needs. Brief discussion ensued on alternatives, including some the committee had determined less viable including a possible location in Mt. Vernon and a suggestion about parking on DOT property.

Trustees Hotchkiss and Homan had no reports to make at this time.

Trustee Mohan had a few things to report, including:

· He added to the report that the First Street Storm Drain work would start May 17^th, mentioning that the Police and Public Works had circulated notices, that they were posted on the website and in the paper, and he had met with Father Bannon at St. Catherine’s to bring the neighborhood up to date.

· He reported on the bond closing this past week for the $1.39 million, at a 4.22% interest rate for 15 years.

· He reported that the hydrant flushing would take place during the week of June 5^th through 10^th.

Item #13 – Authorizing an offer and the appointment by the Mayor of an employee to the Assistant’s position in the Office of the Village Administrator.

The Administrator introduced Devron Wilson of Mt. Vernon as his new candidate as an assistant. The board members welcomed him and wished him good luck in the new position. On the motion of Trustee Homan, seconded by Trustee Potocki, the Board voted to approve the resolution by vote of six in favor, none opposed, one absent (Merrick).

TO APPOINT DEVRON WILSON

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the appointment by the Mayor of Devron Wilson of Mt. Vernon, NY, as Administrative Aide in the office of the Village Administrator/Treasurer, and

BE IT RESOLVED, that the Board authorizes the appointment of Mr. Wilson effective June 7, 2006, to the position of Administrative Aide, subject to the requirements of Civil Service, at a starting salary of $37,100; and

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

Development

Item #7 -- Discussion of the status of negotiations with Pelpark and adoption of an alternative option for development.

The Village received a draft MOU last week, from DelBello, Donellan, Weingarten and Tartaglia, on behalf of Pelpark.

Also, plans were received on Friday, May 12^th, for review and discussion by the Board.

The Mayor and Administrator noted that the Village is running out of time on the draw-down and progress timelines, and has to proceed with an RFP for architectural services for design and bid on the public improvements, based on the alternative that is determined.

The Board proceeded to discuss the negotiations, and Pelpark’s architect David Faren made a presentation about the most recent version of the Pelpark proposal. Some details included that:

· There would be direct access to and from Wolfs Lane to the Village DPW Yard and the public and private parking in the back

· There would be 115 public parking spaces, 80 Pelpark spaces, and the best thing would be the Village DPW yard would be in the back, hidden from view. The Board discussed the estimated 43-46 apartment units & 3,000 s.f. of retail

· Mr. Faren estimated the unit breakdown as 15-20% studio; 35% 1 bedroom and 50% 2 bedroom

The Board discussed the status of the negotiations at length, including the lateness of a proposed memorandum of understanding from Pelpark’s team. After discussing the proposal, Mayor Clain set down a brief timeline for the Village and Pelpark to work together and establish a joint plan, or to decide upon separate paths. His timeline, which the Board agreed to, was as follows:

3. The end of August, or 60 days, for the applicant to submit a site plan application – which would go through the full review process before the Planning and Architectural Review Boards.

4. The applicant would have to submit a check for $25,000 to replenish the escrow account for consultant’s fees. (Mr. Kravitz thought the Village still had $5,000 in the account. The Administrator informed him the escrow had been depleted by expenditures on Murphy, Stecich and Powell and AKRF on review of Pelpark’s past proposals.)

Item #8 -- Presentation by The Wartburg Adult Care Community on a proposal for Senior Independent Living Apartments in Pelham.

Aaron Kessler, Director of Marketing, and Frank Tripodi, Chief Executive of The Wartburg, were in attendance for a presentation and discussion with the Board on the status of the proposal by The Wartburg Adult Care Community to build Affordable Senior Housing with The Village of Pelham. Mr. Kessler noted Rose Noonan, Executive Director of Westchester Housing Action Council has agreed to consult on the project. Her fee is covered in part by the County, part out of development fees if project proceeds. The Westchester Housing Fund had approved a loan application for $25,000 at 0% interest for predevelopment feasibility on the project

2. Move Pelham Glass to other side of fire house and build on one 10,000 square foot lot

3. Build on current municipal lot on corner of 5th avenue and 3rd street and replace parking

–Village and Wartburg to individually finalize goals and responsibilities for project.

Mr. Tripodi and Mr. Kessler thanked the Board for the opportunity to speak, and noted that all meetings to date had been favorable, and that the County Housing Trust Fund had been very cooperative and supportive, approving the forgivable loan for $25,000 to determine feasibility of the project. The details of the project were discussed, including a proposed unit count of about 50 units, a typical unit size of about 750 square feet, the need to establish 30-50 new parking spaces. The Board thanked Mr. Tripodi and Mr. Kessler for attending, and looked forward to hearing the report on the feasibility study in the future.

Code Changes and Amendments

Item #9 -- Scheduling a Public Hearing on a draft proposed Local Law to enact Water System Regulations in the Pelham Village Code.

On the motion of Trustee Greco, seconded by Trustee Mohan, the Board agreed by vote of six in favor, none opposed, one absent (Merrick) to schedule a public hearing on the proposed Local Law to establish a new Chapter 96 in the Village Code regulating water usage.

The Board of Trustees of the Village of Pelham hereby gives notice that there will be a Public Hearing on Tuesday, June 6, 2006, at 7:30 p.m., on a proposed Local Law enacting a new Chapter to the Pelham Village Code entitled Chapter 96: Water and Water Emergencies; and said hearing shall be held at 7:30 p.m. in Village Hall, 195 Sparks Avenue, Pelham, New York.

A copy of the draft proposed local law is available at the office of the Village Clerk and may be inspected there by any interested person during office hours of 8 a.m. to 5 p.m.

Item #10 -- Scheduling a Public Hearing on various amendments to the Village Code regarding enforcement of various building and property codes and other Village ordinances.

The Administrator noted that a draft of the proposed local law is expected to be ready for circulation by Friday, May 26, 2006. This local law would make revisions to the Code and enact provisions fill in the blanks for some fees enacted or charged by the Village as adopted with the Budget and the fee schedule.

On the motion of Trustee Mohan, seconded by Trustee Greco, the Board agreed by vote of six in favor, none opposed, one absent (Merrick) to schedule a public hearing on the proposed Local Law to enact amendments to various provisions of the Village Code.

ON A DRAFT LOCAL LAW TO ENACT AMENDMENTS TO VARIOUS PROVISIONS OF THE CODE OF THE VILLAGE OF PELHAM

The Board of Trustees of the Village of Pelham hereby gives notice that there will be a Public Hearing on Tuesday, June 6, 2006, at 7:30 p.m., on a draft proposed Local Law enacting fees, fines and penalties; and said hearing shall be held at 7:30 p.m. in Village Hall, 195 Sparks Avenue, Pelham, New York.

A copy of the draft proposed local law will be available at the office of the Village Clerk as of Friday, May 26, 2006, and may be inspected there by any interested person during office hours of 8 a.m. to 5 p.m.

Item #11 -- Authorizing new parking regulations by the Colonial Elementary School

Trustee Potocki gave a presentation about establishing teacher and staff parking permits on Highbrook Avenue and Pelhamdale Avenue, contiguous to Colonial School, in such a manner as to provide parking for the schools, and help the residents in the area have some access and parking in front of their homes. PTA President Jane Cooke and PTA representative Sherry Sigward thanked the Mayor and Board for their in quick and efficient assistance to address this problem over the past couple of weeks.

On the motion of Trustee Homan, seconded by Trustee Mohan, the Board voted to approve the resolution by vote of six in favor, none opposed, one absent (Merrick).

BE IT RESOLVED, that new provisions for Limited Time Parking are enacted to Section 90-53, as follows:

* That other, contradictory sections of the Village Code Section 90-53 are hereby repealed, and replaced with the following language:

Item 11A – Establishing teacher and staff permit parking on Highbrook and Pelhamdale

On the motion of Trustee Homan, seconded by Trustee Potocki, the Board voted to approve the resolution by vote of six in favor, none opposed, one absent (Merrick).

RESOLVED, that teacher and staff parking permits, to be issued by the Village of Pelham, are enacted for Highbrook Avenue and Pelhamdale Avenue as streets contiguous to the Colonial School, to be valid only on School Days, to read as follows:

Item #11B – Establishing a stop sign on eastbound Irving Place at Cliff Avenue.

Mrs. Cooke and Mrs. Sigward reminded the Board of the request for a stop sign on Irving Place at Cliff Avenue, and asked if that could be added to the agenda. The Board agreed unanimously to add it to the agenda. On the motion of Trustee Homan, seconded by Trustee Hotchkiss, the resolution was adopted by the Board of Trustees by vote of six in favor, none opposed, one absent (Merrick) as follows:

RESOLVED, that Section 90-44, Section V: Stop Intersections and Crosswalks be amended as follows:

Item #12 – Establishing a “No Parking, Here to Corner, 8 a.m. to 6 p.m., M-F”, for a distance of 45 feet on the east side of 4^th Ave., north of 7^th St.

This item was discussed as a proposal to help B & B tavern with evening parking, after the elimination of spaces on 7^th Street to improve public safety and vehicle access.

On the motion of Trustee Homan, seconded by Trustee Mohan, the resolution was adopted by the Board of Trustees by vote of six in favor, none opposed, one absent (Merrick) as follows:

Item #14 – Authorizing the award of the Bid for Contract 2006-02-A for an Exhaust System for the Firehouse.

On the motion of Trustee Mohan, seconded by Trustee Greco, the resolution was adopted by the Board of Trustees by vote of six in favor, none opposed, one absent (Merrick) as follows:

WHEREAS, the Village of Pelham issued a Notice to Bidders published on Tuesday, April 25, 2006 for Delivery and Installation of a Fire Apparatus Exhaust Ventilation System, funded with a grant from FEMA/DHS, which was circulated to eleven companies; and

WHEREAS, on the deadline of Friday, May 12, 2006, at 11 a.m., the Village received five (5) bids, one from Smoke Blotter of Londonderry, NH, which was not sealed and had been faxed in earlier, not on the bid forms circulated by the Village of Pelham, which is therefore rejected as not compliant with the bid process; and

WHEREAS, upon review of all the bids submitted, the Village Administrator and the Fire Chief found a number of exceptions to the specifications and requirements of the bid submitted by Rossman Enterprises, namely 5" hose diameter (6" specified); pressure-sensing switch (rather than automatic pre-departure and pre-return sensors); and a qualified warranty, and therefore the bid is rejected; and

WHEREAS, upon review the Village Administrator and the Fire Chief have determined that the second low-bid is compliant, as submitted by Clean Air Co. of Fords, NJ, in the amount of $37,400, which meets all key requirements, including 6" diameter hose, minimum 3200 CFM blower, radio-transmitter start upon departure and return, unqualified warranty, and ISO 9001 and ISO 14001 Certified (proof required for 14001).

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby award Contract 2006-02-A as re-bid for the Delivery and Installation of a Fire Apparatus Exhaust Ventilation System, funded with a grant from FEMA/DHS, to Clean Air Company of Fords, NJ, at the total bid price of $37,400; and be it

FURTHER RESOLVED, that the Mayor, Village Administrator, Fire Chief and other appropriate Village Officials are authorized to take the necessary and appropriate actions to effect and execute this contract for these services, and for the Village to coordinate the proper use and draw-down of the Federal Aid to Firefighter's Grant funds.

Item #15 -- Authorizing the award of the Bid for Contract 2006-03 for Fire Radios and Mobile Repeaters.

On the motion of Trustee Mohan, seconded by Trustee Greco, the resolution was adopted by the Board of Trustees by vote of six in favor, none opposed, one absent (Merrick) as follows:

WITH AUTHORIZATION TO PURCHASE MORE MOBILE RADIOS TO EXPEND REMAINING TOTAL GRANT FUNDS

WHEREAS, the Village of Pelham issued a Notice to Bidders published on Tuesday, April 25, 2006 for Delivery and Installation of Four Pyramid Mobile Radio Repeaters and Delivery of twelve (12) Motorola UHF Portable Radios, funded with a grant from FEMA/DHS, which was circulated to ten companies; and

WHEREAS, on the deadline of Friday, May 12, 2006, at 11 a.m., the Village received two (2) bids, which were received and opened, as follows:

WHEREAS, upon review of all the bids submitted, the Village Administrator and the Fire Chief determined that the lowest responsible bidder is Technical Electronics of New Rochelle, NY, in the low-bid price of $14,431.50; and the Village Administrator and Fire Chief recommend expenditure of additional grant funds to purchase additional mobile portable radios, to expend the remainder of the grant.

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby award Contract 2006-03 for Delivery and Installation of Four Pyramid Mobile Radio Repeaters and Delivery of Twelve Motorola UHF Portable Radios, funded with a grant from FEMA/DHS, to Technical Electronics of New Rochelle, NY, at the base total bid of $14,431.50, plus additional portable Motorola Radios at Unit Prices of $620.75 per unit and accessories; and be it

Housekeeping

The Board noted that Trustee Mohan had audited the vouchers. Trustee Hotchkiss had a question about Keane and Beane’s bill, and it was noted that the expense was paid out of escrow of developer’s funds. On the motion of Trustee Mohan, seconded by Trustee Homan, the resolution was adopted by the Board of Trustees by vote of six in favor, none opposed, one absent (Merrick) as follows:

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/Treasurer:

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

First Item – Trustee Mohan raised the issue of traffic by the middle school, and suggested some traffic control on Wolfs Lane by Franklin Avenue. The Board discussed the matter, and the rest of the Board conveyed to her it was best to keep the crosswalks at Boulevard, and have no mid-block crossing at Franklin.

Second Item – Trustee Mohan raised the issue of traffic by the Townhouse on 5^th Avenue, and asked why a crosswalk could not be implemented there. Trustee Mohan and Administrator Slingerland advised her that the Village had investigated the possibility of a mid-block crosswalk at that site with Traffic Engineer Steve Grogg, who had recommended against a mid-block crosswalk due to its diminished, rather than increased safety.

Third Item – Trustee Greco mentioned the residents of 3^rd Avenue were requesting parking in front of the new Marbury Corners 55-unit building. After discussion, the Board agreed it should be included on the June 6^th Agenda.

On the motion of Trustee Mohan, seconded by Trustee Greco, the minutes of May 2^nd were adopted by the Board of Trustees by vote of six in favor, none opposed, one absent (Merrick).

The Mayor asked for an Executive Session on matters of personnel regarding the Fire Chief and Fire Lieutenants, and discussion of negotiations on a real estate transaction. On the motion of Trustee Homan, seconded by Trustee Greco, the Board agreed to go into Executive Session regarding the stated issues by vote of six in favor, none opposed, one absent (Merrick).

Item #19 – Adjournment

The Mayor asked for a motion to adjourn. On the motion of Trustee Mohan, seconded by Trustee Greco, the Board agreed unanimously to adjourn the public portion of the meeting, and adjourn the regular meeting after its Executive Session, at 9:30 p.m., by vote of six in favor, none opposed, one absent (Merrick).

	Development	7:45 p.m.
7	Discussion of the status of negotiations with Pelpark and adoption of an alternative option for development. *Action deadlines set.	Discussed
8	Presentation by The Wartburg Adult Care Community on a proposal for Senior Independent Living Apartments in Pelham.	Discussed
	Code Changes and Amendments	8:15 p.m.
9	Scheduling a Public Hearing on a draft proposed Local Law to enact Water System Regulations in the Pelham Village Code.	Scheduled
10	Scheduling a Public Hearing on various amendments to the Village Code regarding enforcement of various building and property codes and other Village ordinances.	Scheduled
11	Authorizing new parking regulations by the Colonial Elementary School. And teacher permit parking, and new stop on Irving.	Approved
12	Establishing a “No Parking, Here to Corner, 8 a.m. to 6 p.m., M-F”, for a distance of 45 feet on the east side of 4^th Ave., north of 7^th St.	Approved
	Human Resources	8:45 p.m.
13	Authorizing an offer and the appointment by the Mayor of an employee to the Assistant’s position in the Office of the Village Administrator.	Approved
	Business
14	Authorizing the award of the Bid for Contract 2006-02-A for an Exhaust System for the Firehouse.	Approved
15	Authorizing the award of the Bid for Contract 2006-03 for Fire Radios and Mobile Repeaters.	Approved
	Housekeeping	9:00 p.m.
16	Authorizing the accounts payable	Approved
17	Old Business/New Business	Discussed
18	Minutes: May 2, 2006	Approved
19	Adjournment; Executive Session on personnel and R.E. negotiations. Meeting adjourned at 9:30 p.m.	Approved