VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING

TUESDAY, OCTOBER 17, 2006, 7:30 PM

VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY

MINUTES

1.                  Call To Order                                    

2.                  Pledge of Allegiance

3.                  Report from Senator Jeff Klein (cancelled)

4.                  Mayor’s Report                                 

5.                  Trustees’ Reports

6.                  Village Administrator’s Report

7.                  Public Comment

                                                                                                                                      Approximate

      #       Agenda Items:                                                                                   Time of Discussion

Next Regular Board Meetings are Tuesdays November 7, 2006 and November 21, 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, OCTOBER 17, 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 7:40 p.m.

The following members of the Board of Trustees were present:

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

Village staff in attendance:

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 – Report from Senator Jeff Klein:  None.

Item #4 – Mayor’s Report:

Mayor Clain had nothing to report.

Item #5 – Trustees Reports:

Trustee Potocki reported that the meter keys have arrived.  Anyone seeking meter keys can now obtain a key at village hall.  There are (25) twenty five people on the list to receive keys.

He also reported that he attended a parking meeting last week where engineers from TRC made several suggestions to produce more parking spots such as permit parking in Pelham Manor, widening the south side of Boulevard, widening the east side of Wolfs Lane by Ingalls Field, reconfiguring the Corlies lot, and angle parking on Nyac Avenue hill.

Trustee Hotchkiss asked about the outcome of the Carol Avenue traffic study done by the police department.  Administrator Slingerland informed everyone that Police Chief Joe Benefico will supply the village with the traffic study data to be presented at the next board of trustees meeting on November 7, 2006.

Trustee Merrick informed everyone that Emily Friedberg knows where the stakes are for the trees to be planted in Wolfs Lane Park.  Mr. Slingerland responded by letting everyone know that the trees will be delivered tomorrow.

Trustees Greco and Homan had nothing to report.

Item #6 – Village Administrator’s Report:

Village Administrator Slingerland reported that the Municipal Manager’s Association in Westchester County is continuing to meet with Con Edison to resolve power outage issues. 

Item #7 – Public Comment:  None.

Item #8 – Public Discussion of the Parameters of the Village of Pelham Comprehensive Plan with presentation:

Mike Zisser of Storer Avenue informed the village that a master plan is both a process and a product.  Having worked on the village’s previous master plan, he was able to lend his knowledge of the matter.  He mentioned the following:

• The table of contents usually has 10 to 12 topics.
• History of other projects in the village should be included if they relate to the master plan
• Choose subjects for special emphasis
• If done well, it serves as an foundation for work to be done  
• It serves as a stabilizing document that tells you where you stand
• It should spell out what the village would like to accomplish
• Master Plans are sometimes done for immediate action or to catch up on documentation

Item #9 – Continued Public Hearing on Proposed Village Code updates to various Code Sections for licenses and enforcement:

* Note:  This topic was continued to the November 7, 2006 Board Meeting.

Draft 5/25/06; revised 8/8/2006; revised 10/3/2006

 SEQ CHAPTER \h \r 1LOCAL LAW NUMBER     OF 2006

 SEQ CHAPTER \h \r 1

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.

            Be enacted by the Board of Trustees of the Village of Pelham as follows:

Section 1

             SEQ CHAPTER \h \r 1The following changes are made in Section 35-7 of the Code of the Village of Pelham:

            1)         In Section 35-7B the words “Chief of the Fire Department” are replaced by “Building Inspector.”

            2)         In Section 35-7C the words “Chief of the Fire Department” are replaced by “Building Inspector.”

Section 2

            Section 35-20 of the Code of the Village of Pelham is repealed and the following new Section 35-20 is adopted:

§ 35-20.  Prohibitions.

            A.        It shall be prohibited, unless Unless authorized by the Board of Trustees in conjunction with Final Site Plan Approval, it is prohibited to:

                        1.         Manufacture, possess, store, sell or otherwise dispose of

                                    explosives or blasting agents. 

                        2.         Transport explosives or blasting agents. 

                        3.         Use explosives or blasting agents.

                        4.         Operate a terminal for handling explosives or blasting agents. 

                                    5.         Deliver to or receive explosives or blasting agents from a carrier a                                                       terminal between the hours of sunset and sunrise. 

                                    6.         Transport blasting caps or electric blasting caps on the same                                                   vehicle with explosives.   

Section 3

            The following changes are made in Section 35-24 of the Code of the Village of Pelham:

            1.         In Section 35-24 (A) the words “Chief of the Fire Department” are changed to “Building Inspector.”

            2.         Section 35-24(B) of the Code of the Village of Pelham is repealed and the following new Section 35-24(B) is adopted:

Wherever blasting is being conducted in the vicinity of gas, electric, water, fire alarm, telephone, telegraph or steam utilities, the blaster shall notify the appropriate representatives of such utilities at least twenty-four (24) hours in advance of blasting in compliance with the provisions of this Code and all applicable law and specify the location and intended time of such blasting.  In an emergency this time limit may be waived by the Building Inspector.

Section 4

            Article III Licenses for the Trades of Chapter 34 of the Code of the Village of Pelham, including Sections 34-31 through Section 34-40, is repealed.       

Section 5

            Sections  SEQ CHAPTER \h \r 134-30 and 34-105 of the Code of the Village of Pelham are repealed and the following new Section 34-105 is adopted.

§ 34-105.  Penalties for offenses. 

A.        With the exception of the violations set forth in Subsection B of this section, for violations of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such a violation has been committed or shall exist, the owner, general agent or contractor, lessee or tenant of any part of a building or premises in which such violation has been committed or shall exist and the general agent, architect, builder, contractor or any other person who commits, takes part or assists in such violation or maintains any building or premises in which such violation shall exist, for each and every day such violation shall exist, shall be subject to a fine of two hundred fifty dollars ($250)        and shall pay all costs and expenses incurred by the Village in determining such violation.  Each and every day that such violation continues shall constitute a separate offense.

B.        It shall be the responsibility of the contractor and/or subcontractor to secure the          necessary permits required by this chapter before beginning any work.  Failure to            obtain required permits will subject the contractor and/or subcontractor to a fine        of $1,000.  Each and every day that such violation continues shall constitute a separate offense.

C.        Nothing in this chapter shall be construed as depriving the Village of Pelham or         the Board of Trustees of any other available remedy.                

Section 6

            Article IV Regulation of Arborists of Chapter 93 of the Code of the Village of Pelham, consisting of only Section 93-16, is repealed.

Section 7

            Section 98-98A (17) is amended by adding before the period at the end of the section “unless it is an ice cream truck with a permit issued pursuant to Section 68-32 of the Code of the Village of Pelham.”

Section 8

            A new Article VIII Vendor Licenses of Chapter 68 of the Code of the Village of Pelham is enacted as follows:

ARTICLE VIII

Vendor Licenses  

§68-32.  On-Street Food and Ice cream vendors

A.                 All on street vending of food is prohibited with the following exceptions: aside from licensed ice cream trucks, food sold at fairs authorized by the Mayor and Board of Trustees, and food sold by charitable organizations is prohibited.

1.                  Food sold at a fair authorized by the Board of Trustees;

2.                  Food sold by charitable organizations; and

3.                  Food sold from licensed ice cream trucks.

B.                 Within the Village of Pelham No one can sell ice cream from a truck without first obtaining a license from the Village of Pelhampermit.  To obtain the license permit the applicant must:

1.                  Complete an application for an ice cream vendor license permit;

2.                  Supply a copy of a valid New York State driver’s license for every person driving the truck as well as proof of current registration and current inspection of the truck to be used.  Ice Cream vendors shall be fingerprinted and shall submit to a criminal background check.

3.                  Provide the Village with a certificate of insurance in the amount fixed by resolution of the Board of Trustees; and

4.                  Pay the license permit fee set by resolution of the Board of Trustees.

§68-22.  Christmas tree vendor permit

Christmas trees cannot be sold within the Village of Pelham without first satisfactorily completing a Christmas tree vendor permit and paying the permit fee as set by resolution of the Board of Trustees.  Not-for-profit charitable organizations are not required to obtain a permit under this section.

Section 9

            Section 42-7 of the Code of the Village of Pelham is repealed and the following new Section 42-7 is adopted:

§42-7  Penalties for violations of this Chapter.

            A.        Any neglect, failure or refusal to comply with any provision of this                                  chapter shall be deemed a violation thereof.

            B.        Anyone who commits or is an accessory to the commission of a violation                                of this      chapter shall be subject to a fine of no less than $40 and no more                                 than $250.  

Section 10

            A new Section 54-78 C of the Code of the Village of Pelham is adopted as follows:

§54-78 C Penalties for violations of this section

            (1)       Any neglect, failure or refusal to comply with any provision of this                                  section shall be deemed a violation thereof. 

            (2)       Anyone who commits or is an accessory to the commission of a violation                                of this chapter shall be subject to a fine of no less than $40 and no more                          than $250.   

Section 11

            A new Section 81-10 of the Code of the Village of Pelham is adopted as follows:

§81-10. Penalties for violations of Chapter 81

A.        Any neglect, failure or refusal to comply with any provision of this                                  chapter shall be deemed a violation thereof. 

B.        Anyone who commits or is an accessory to the commission of a violation of this        chapter shall be subject to a fine of no less than $40 and no more than $250.   

C.        Nothing in this chapter shall be construed as depriving the Village of Pelham or         its Board of Trustees of any other available remedy.   

Section 12

            Section 90-14B of the Code of the Village of Pelham is repealed, and a new Section 90-14 B is adopted as follows:

            Except where angle parking is authorized and approved by the Village                                    Board, every vehicle stopped, standing or parked upon a roadway shall be                             stopped, standing or parked:

(1)   Parallel with the edge of the roadway,

(2)   Headed in the direction of lawful traffic, and

(3)   Within 12 inches of the edge of the roadway.

SECTION 13

This Local Law shall take effect upon adoption and filing in the office of the Secretary of State of the State of New York.

Item #10 – Scheduling a public hearing on various proposed changes to the Residential Zoning Code in the Village of Pelham:

Paul Osmolskis agreed with the change to the residential zoning code regarding adoption of floor area ratio.  However, he disagreed with the change regarding (2) two car garages being subject to site plan approval.  He does not understand why the village is concerned with letting homeowners have a (2) two car garage on their property.  He believes that subjecting a (2) two car garage to site approval becomes costly for the homeowner.

John Cassone of 7^th Avenue suggested the village implement a maximum car count for homeowner driveways.  As it stands now within the residential zoning code, an infinite amount of cars can be parked in a homeowner driveway.

Planning Board Chairman Gwen Tapogna mentioned she understands Mr. Osmolskis’s concerns with (2) two car garages.  However, when making the changes to the Residential Zoning Code, the village tried to make the Residential Zoning Code as neighbor-friendly as possible. 

* Note:  This topic was continued until the November 7, 2006 Board Meeting.

Discussion was continued on the form of the Local Law, with amendments to be submitted over the next 3 weeks.  The Board announced its intent to authorize publication of a hearing notice at the November 7^th Board Meeting, for a hearing to be held on November 21^st.

Second Draft of Site Plan, Zoning Code and other building and land-use related Code Changes:

 SEQ CHAPTER \h \r 1LOCAL LAW NUMBER     OF 2006

 SEQ CHAPTER \h \r 1

A local law that amends various sections of the Site Plan Code, Chapter 79, regarding limits of construction requiring a site plan, enlargement of a building, amendment of an approved site plan, notification, and replacing references to Building Committee with Building Inspector; and sections of the Zoning Code, Chapter 98, applicable to residential uses and zones, including permitted uses, swimming pools, home professional offices, required parking spaces, non-conforming uses, curb-cuts and Floor Area Ratios.

            Be enacted by the Board of Trustees of the Village of Pelham as follows:

Section 1.

             SEQ CHAPTER \h \r 1The existing language of Section 79-4 parts A. and B. of the Code of the Village of Pelham is hereby deleted, and replaced with the following:

§ 79-4.  Applicability.

Old Language:

A.        The erection of any building, other than a permitted accessory building, in any district. 

B.        The enlargement of any building other than a single one- or two-family residence or any existing building that is accessory thereto. 

New Language:

A.        The erection of any building in any district, other than a permitted accessory building in a residential zone with a building area of less than two hundred and twenty-five square feet (225 s.f.).

B.        The enlargement of any building in any district, including

1) The addition of a ½ story or more to any building in a residential district;

2) The expansion of living space (as defined by the NYS Building Code) by more than forty percent (40%) or one thousand square feet (1,000 s.f.); and/or

3) The combined footprint of the principal building and accessory

structures is expanded by remodeling and when complete is more than

thirty percent (30%) of the lot area.

An additional section is added to Section 79-4 as follows:

F.                 The amendment of any previously approved site plan.

SECTION 2.

             SEQ CHAPTER \h \r 1The existing language of the Village Code Section 34 – Building Construction referencing the Building Committee is amended to read as follows:

Item 1.

Language to be amended:

§ 34 – Building Construction.

All references to “Building Committee” and “Plan Examiner” are hereby deleted and replaced with “Building Inspector”. 

Item 2.

All references to “Building Committee Chairman” are replaced with “Village Administrator”.

Item 3.

Specific amendments:

The sections 34-4 and 34-19 and 34-45 are hereby deleted and replaced with the following:

§ 34-4.  Appointment of Building Inspector.

A Building Inspector shall be appointed by the Board of Trustees of the Village of Pelham to enforce and administer the provisions of this chapter.  Electrical inspections shall be provided by an approved electrical inspection agency in cooperation with and at the request of the Building Inspector.

§ 34-19.  Compliance with fire prevention regulations required.

Each permit for the construction or alteration of a multiple-family dwelling, commercial or office building or structure must comply with the provisions of applicable village, county and state fire prevention laws and regulations, including but not limited to the New York State Uniform Building and Fire Code.

§ 34-45.  Compliance with fire prevention regulations required.

No certificate of occupancy for multiple-family dwelling, commercial or office building shall be issued until the owner or his duly authorized agent files with the Building Inspector certifications stating that the work complies with the provisions of applicable village, county and state fire prevention laws and regulations. If such work deviates from original plans submitted, resubmission of plans and approval must be secured from the Building Inspector.

SECTION 3.

             SEQ CHAPTER \h \r 1The existing language of the Village Code Section 75 – Sidewalk Cafes referencing the “Building Committee” is amended to read as follows:

Language to be amended:

Item 1.

All references to “Building Committee” are hereby deleted and replaced with “Building Inspector”.

SECTION 4.

The existing language of Village Code Chapter 77, SIGNS, AWNINGS, CANOPIES, MARQUEES AND BARBER POLES referencing the “Building Committee” is amended to read as follows:

Language to be amended:

All references to “Building Committee” are hereby deleted and replaced with “Building Inspector”.

SECTION 5.

The existing language of Village Code Chapter 79, SITE PLAN APPROVAL referencing the “Building Committee” is amended to read as follows:

Language to be amended:

Item 1.

All references to “Building Committee” and “Building Committee Chairman” are hereby deleted and replaced with “Building Inspector”, with two exceptions as further noted below in Item 2.

Item 2.

Specific amendment:

The sections 79-6 B., C. and F. are hereby amended to change the references to Building Committee to read as follows (Item C. amended to provide for the notification requirements to neighboring property owners requested by the Code Amendment Committee):

B.        Submission. Following the presubmission conference, the applicant shall submit 15 copies of the site plan and any related information to the Village Administrator. The site plan shall be accompanied by a fee in accordance with the schedule of fees of the Village of Pelham.  If the site plan is not submitted within six months following the presubmission conference, another such conference may be required, at the discretion of the Board of Trustees.

C.        The Building Inspector shall review and certify on each original or amended site plan that the application complies with all applicable local laws and ordinances and with all requirements of all other village commissions, boards, departments and agencies. The Building Inspector shall certify further that the application contains all the elements required in § 79-8 hereof which were not specifically waived by the Planning Board. Upon certification that the application is complete and compliant with all applicable laws and requirements of all other village land-use boards, the applicant shall provide notice by Certified Mail, return receipt requested, to all property-owners within two hundred linear feet (200 l.f.) of the applicant’s property, mailed out at least ten (10) days prior to the date of the scheduled consideration by the Board of Trustees.  Such proof of receipt of mailing shall be presented to the Village prior to the scheduled consideration by the Board of Trustees.  If the Building Inspector finds that the application is not complete or that it fails to comply with all applicable requirements, it shall, within 15 working days of its receipt, return the same to the applicant pointing out the specific deficiencies to be remedied.

F.         The Board of Trustees and/or Planning Board may hold a public hearing on the site plan if it determines that the matter is of wide public interest.  If held, such a hearing shall be held within 60 days of the official submission date.  Notice of such hearing shall be given by the applicant to the owners of the adjacent or surrounding properties within 200 feet and proof of such notice shall be filed with both Boards.  Notice of such hearing shall also be published at least five days prior to the date of such hearing in the official newspaper of the village by the Village Clerk, and the cost of such application shall be paid by the applicant prior to the hearing.

SECTION 6.

The existing language of Village Code Chapter 98, ZONING, referencing the “Building Committee” is amended to read as follows:

Language to be amended:

Item 1.

All references to “Building Committee” and “Building Committee Chairman” are hereby deleted and replaced with “Building Inspector”.

SECTION 7.

The existing provisions of Village Code Chapter 98, ZONING, referencing private parking are amended to establish a two-car garage as the largest garage permitted in all zones, and deleting the maximum parking per lot allowed as three (3) cars as follows:

New Language:

§ 98-10.  Permitted uses.

B.        Accessory buildings and uses. 

(1)       A private garage for not more than two cars, provided that no garage which is connected to or a part of a dwelling shall be built nearer than 45 feet to the front street line unless the entrance of such garage faces the rear lot line.

§ 98-31.  Permitted uses.

B.        Accessory buildings and uses. 

(1)       A private garage for each dwelling on the lot for not more than two cars. No garage which is connected to or a part of a dwelling shall be built nearer than 35 feet to the front street line unless the entrance of such garage faces the rear lot line. 

SECTION 8.

The provisions of the Zoning Code, Section § 98-106.  Swimming pools, D. (2) requiring proof of annual service contract is deleted in its entirety.

Old Language to be deleted:

(2)       Applicants shall further evidence a service contract annually of their choice in writing which shall require periodic testing of the pool water for bacteria count by a duly authorized private or public concern or agency approved by the State Commission of Health.   

SECTION 9.

The provisions of the Zoning Code Chapter 98 requiring an annual permit for Home Professional Offices is deleted (all cross-references lead back to this one provision), as follows:

§ 98-11.  Uses requiring special permit. 

A.        The following uses require a special permit by the Board of Appeals: 

(2)       A home professional office, subject to the requirement that the special permit be authorized renewed annually in conformity with § 98-133C(3). The term "home professional office" shall be deemed to specifically exclude the office of a medical doctor, surgeon or dentist. 

SECTION 10.

The provisions of the Zoning Code Chapter 98 allowing General Medical and Surgical Hospitals to exist in a residential zone are hereby repealed, as follows:

Delete old language, 98-39. A. 2.

(2)       General medical or surgical hospital. 

New Language

§ 98-39.  Uses requiring special permit. 

A.        The following uses require a special permit by the Board of Appeals: 

(1)       Any special permit use allowed in a Residence B-1 District, as listed in § 98-32. 

(2)       Parochial or other religious school.

SECTION 11.

The language of Chapter 98-101. E. is amended as follows (new language is the last sentence.):

E.        In any residence district, accessory buildings may occupy, in the aggregate, not more than 10% of the area of the lot or not more than 35% of the area of the rear yard, whichever is the more restrictive.  In any case, the total lot area of the sum of all accessory buildings shall not be larger than five hundred and fifty square feet (550 s.f.).

SECTION 12.

The provisions of the Zoning Code Chapter 98 regarding Parking for Residential Uses, in Section 98-112 are amended as follows:

(Note:  Sections C. and D. are combined, and two parking spaces are required per dwelling unit.)

§ 98-112.  Parking for residential uses.

Old Language to be deleted:

C.        Single-family dwelling: one parking space, except in Residence A-1 and A-2 Districts, where two parking spaces shall be required. 

D.        Two-family dwelling: two parking spaces. 

New Language to read as follows:

C.        Single- and Two-family dwellings:  at least two parking spaces are required for each dwelling unit.

SECTION 13.

The provisions of the Zoning Code Chapter 98 regarding Non-conforming Buildings and Uses, in Section 98-122, are amended to read as follows:

Old Language:

§ 98-122.  Discontinuation of nonconforming use.

A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to a nonconforming use. Whenever a nonconforming use has been discontinued for a period of one year, such nonconforming use shall not thereafter be resumed. A nonconforming use shall be deemed to have been discontinued after it ceases operations for 12 consecutive months if such use occupies a structure or six consecutive months if such use occupies land whereon there is no consequential structure devoted to such use. For purposes of this chapter, it shall make no difference whether cessation of operations is voluntary or involuntary.

New Language:

§ 98-122.  Discontinuation of nonconforming use.

A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to a nonconforming use. Whenever a nonconforming use has been discontinued for a period of six (6) months, such nonconforming use shall not thereafter be resumed. A nonconforming use shall be deemed to have been discontinued after it ceases operations for six (6) consecutive months if such use occupies a structure or six consecutive months if such use occupies land whereon there is no consequential structure devoted to such use. For purposes of this chapter, it shall make no difference whether cessation of operations is voluntary or involuntary.

SECTION 14.

Regarding Maximum Driveway Width:

The provisions of the Site Plan Code Chapter 79-5. Standards for review; objectives. A. are amended to read as follows:

Item 1.

A.        That all proposed traffic accessways have sufficient, but not excessive, capacity; are adequate in width, grade, alignment and visibility; are not located too near street corners or places of public assembly; are designed with due regard to other similar safety considerations; and are provided with all traffic safety devices needed for the protection of motorists, cyclists and pedestrians.  It is required that curb-cuts and driveway widths be limited to a maximum of twelve feet (12’) in width.

Item 2.

The provisions of the Zoning Code Chapter § 98-115.  Supplemental garage, parking and truck loading regulations, Section L., which is amended to add the following language:

Existing language to be retained:

L.         In all districts, required parking areas and truck loading spaces shall have safe and adequate access to a public street either by a driveway on the same lot or by means of a permanent easement across an adjoining lot, such driveway or easement to have a minimum width of 10 feet. No such easement to a nonresidential use shall be permitted across a lot in a Residence A-1, A-2, A-3, B-1 or B-2 District.

New Language to be added:

Driveways and curb-cuts in residential districts shall be limited to a maximum of twelve feet (12’) in width.

SECTION 15.  Regarding Floor Area Ratios (maximums)

The following Section of the Zoning Code – Section 98, Article XVI, Minimum Residential Floor Area -- of the Village Code is deleted in its entirety and replaced with the following:

Section Re-titled:

ARTICLE XVI, Minimum and Maximum Residential Floor Areas

Section 98-107 Current language:

§ 98-107.  Statement of purpose.

The requirements contained in this Article are designed to promote and protect the public health, to prevent overcrowded living conditions, to guard against the development of substandard neighborhoods, to conserve established property values and to contribute to the general welfare.

Language to be added to Section 98-107:

The character, layout and density of Pelham’s neighborhoods rely on its diversity and quality of architectural styles, without homes exceeding certain limits in general scale of lot coverage or overall mass.

Amendment:

“Section 98-108 Minimum schedule” is hereby renumbered Section 98-108.1.

New Language to be added:

Section 98-6

Definitions:

Gross Residential Floor Area Ratio (R-GFAR) is defined as the sum of the gross area of all floors of all principal and all accessory structures on the lot of a residence, measured to the exterior of the outside walls.

Residential Floor Area Ratio (R-FAR) is defined as the Gross Residential Floor Area excluding all space in unroofed structures such as decks and patios, unenclosed porches and porticoes, basements, cellars, basement garages, and non-living space in attics.

Section 98-108.2 Maximum schedule.

Gross Residential Floor Area Ratio (GFAR) of all principal and accessory structures on a lot, measured to the exterior of the outside walls.

A. 

Residential Floor Area of all interior space, excluding all space in unroofed structures such as decks and patios, unenclosed porches and porticoes, basements, cellars, basement garages, and non-living space in attics.

B.

SECTION 16.  This Local Law shall take effect upon adoption and filing in the office of the Secretary State of the State of New York.

Item #11 – Scheduling a public hearing on a proposed amendment to the Village Code regarding Littering:

* Note:  This topic was tabled until the November 7, 2006 Board Meeting.

The Board discussed provisions of Village Code Chapter 82, and provisions of Village of Mamaroneck Code regarding littering, and agreed to review a proposal by the Mayor to expand responsibility for maintaining clean sidewalks to include the merchants and store proprietors.

Item #12 – Authorizing an application to the NYS Department of Environmental Conservation’s Urban and Community Forestry Program for Tree Planting:

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

RESOLUTION

AUTHORIZING AN APPLICATION TO

THE NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION’S

URBAN AND COMMUNITY FORESTRY PROGRAM FOR TREE PLANTING.

RESOLVED, that the Board of Trustees of the Village of Pelham authorize and direct Richard Slingerland, Village Administrator, or his designee, to file an application for fifty percent (50%) matching funds in an amount not to exceed seven thousand five hundred dollars ($7,500), to be matched by Village funds not to exceed seven thousand five hundred dollars ($7,500), and upon approval of said request authorize and direct the Village Administrator to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to the Village of Pelham, NY, for this Village of Pelham tree planting project.

See attached provisions of Village Code Chapter 82, and provisions of Village of Mamaroneck Code regarding littering:

Item #13 – Authorizing Bond borrowing for Various Projects for the FY 2006-2007 Capital Program:

The Administrator explained to the Board that all Bonds were included tonight for the projects included in the 2006-2007 Capital Project Budget, including the project from last year for rehabilitating the stone curbs on Washington Avenue and Boulevard.  The Resolution included the total project cost of $200,000 to be approved tonight with borrowing of $150,000 for the Curbs, Sidewalks and Walls project, based on bids opened on Monday morning, with a $50,000 CDBG grant funding match. 

The other project funding authorizations include $200,000 for the parking structure repairs, for steel removal and repair, painting, and concrete repairs to the parking decks at Lot 2 and Lot 3.  The Village will not actually borrow that money until we have the bid awards in hand, and know exactly how much we need.

The third project included is authorization for $25,000 in matching Village funds for improvements to the Wolfs Lane Park, to match grants we have applied for, including the most recent application for the Parks Improvement Linear Trailway Program.  We will only borrow the money if the Village wins the grant.

A motion was made by Trustee Merrick, with a second by Trustee Greco to adopt the resolution.  The motion passed unanimously by vote of six in favor, none opposed, one absent (Trustee Mohan).

            BOND RESOLUTION, DATED OCTOBER 17, 2006, AUTHORIZING THE ISSUANCE OF UP TO $380,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF PELHAM, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE ACQUISITION, construction and reconstruction of improvements to VILLAGE sidewalks and curbs, (II) THE acquisition, construction and RECONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE HALL AND (III) THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF VILLAGe PARKING IMPROVEMENTS.

            WHEREAS, the Board of Trustees of the Village of Pelham (the “Village”), a municipal corporation of the State of New York, located in the County of Westchester, hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (i) the acquisition, construction and reconstruction of Village sidewalks and curbs ($150,000), (ii) the acquisition, construction and reconstruction of improvements to the Village Hall ($30,000), and (iii) the acquisition, construction and reconstruction of Village parking improvements ($200,000), including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $380,000, all in accordance with the Local Finance Law;

            NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Pelham, County of Westchester, State of New York, as follows:

            Section 1.       There is hereby authorized to be issued serial bonds of the Village, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $380,000, pursuant to the Local Finance Law, in order to finance the costs of the specific objects or purposes, or classes of objects or purposes, hereinafter described.

            Section 2.       The specific objects or purposes, or classes of objects or purposes, to be financed pursuant to this bond resolution (collectively, the “Project”), the respective estimated maximum cost of such specific objects or purposes, the principal amount of serial bonds, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds, authorized for such specific objects or purposes, and the period of probable usefulness of such specific objects or purposes, or classes of objects or purposes, pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows:

            (a)       The acquisition, construction and reconstruction of Village sidewalks and curbs, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $200,000, for which $150,000 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

            (b)       The acquisition, construction and reconstruction of improvements to the Village Hall, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $30,000, for which $30,000 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 12(a)(3) of paragraph a of Section 11.00 of the Local Finance Law (such building being of “Class C” construction as that term is defined in Section 11.00 of the Local Finance Law).  Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

            (c)        The acquisition, construction and reconstruction of Village parking improvements, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $200,000, for which $200,000 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 20(f) of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.

            Section 3.       The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum costs of the Project are not to exceed $430,000; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from (i) the proceeds of the serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds and (ii) various CDBG grants in the total amount of $50,000; (d) the maximum maturity of such serial bonds authorized herein shall be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in connection with the Project for which the proceeds of the obligations authorized herein are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize the capital financing of such expenditure.

            Section 4.       Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize serial bonds as authorized herein, and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Administrator/Treasurer, as the chief fiscal officer of the Village.  The Village Administrator/Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this bond resolution, and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to impress the seal of the Village (or to have imprinted a facsimile thereof) on all such serial bonds and all such bond anticipation notes and to attest such seal.  Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Administrator/Treasurer.

            Section 5.       The faith and credit of the Village are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.

            Section 6.       When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village.  The validity of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law, which should have been complied with as of the date of the publication of this bond resolution, or such summary thereof, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations were authorized in violation of the provisions of the Constitution of the State of New York.

            Section 7.       Prior to the issuance of any obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”).  In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of any obligations authorized herein upon the advice of bond counsel.  It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment.

            Section 8.       The Village hereby declares its intention to issue the serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (the “obligations”), to finance the costs of the Project.  The Village covenants for the benefit of the holders of such obligations that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the Project which would cause the interest on such obligations to become subject to federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”) (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or the Project financed thereby, if such action or omission would cause the interest on such obligations to become subject to federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code.  The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of any serial bonds authorized and issued under this bond resolution, or any other provisions hereof, until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made in connection with the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Board of Trustees of the Village.

            Section 9.       For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, the Village agrees, in accordance with and as an obligated person with respect to such obligations under, Rule 15c2-12 (the “Rule”) promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner as may be required for purposes of the Rule.  In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Administrator/Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations authorized herein in accordance with the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Administrator/Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto.  The agreement formed collectively by this paragraph and the Commitment shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder.  The Village Administrator/Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices.  Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Administrator/Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made.

            Section 10.    This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.

Parks Bond Resolution:

A motion was made by Trustee Merrick, with a second by Trustee Greco to adopt the resolution.  The motion passed unanimously by vote of six in favor, none opposed, one absent (Trustee Mohan).

            BOND RESOLUTION, DATED OCTOBER 17, 2006, AUTHORIZING THE ISSUANCE OF UP TO $25,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF PELHAM, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF Improvements to Village parks (PHASE I).

            WHEREAS, the Board of Trustees of the Village of Pelham (the “Village”), a municipal corporation of the State of New York, located in the County of Westchester, hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the acquisition, construction and reconstruction of improvements to Village parks (Phase I), including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $25,000, all in accordance with the Local Finance Law;

            NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Pelham, County of Westchester, State of New York, as follows:

            Section 1.         There is hereby authorized to be issued serial bonds of the Village, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $25,000, pursuant to the Local Finance Law, in order to finance the costs of the acquisition, construction and reconstruction of improvements to Village parks (Phase I), including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto (collectively, the “Project”).

            Section 2.         The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum costs of the Project are not to exceed $25,000; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds; (d) the maximum maturity of such serial bonds authorized herein shall be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in connection with the Project for which the proceeds of the obligations authorized herein are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize the capital financing of such expenditure.

            Section 3.         It is hereby determined that the Project is a specific object or purpose, or of a class of object or purpose, as described in subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is fifteen (15) years.  The serial bonds authorized herein shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds, or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.

            Section 4.         Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize serial bonds as authorized herein, and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Administrator/Treasurer, as the chief fiscal officer of the Village.  The Village Administrator/Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this bond resolution, and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to impress the seal of the Village (or to have imprinted a facsimile thereof) on all such serial bonds and all such bond anticipation notes and to attest such seal.  Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Administrator/Treasurer.

            Section 5.         The faith and credit of the Village are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.

            Section 6.         When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village.  The validity of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law, which should have been complied with as of the date of the publication of this bond resolution, or such summary thereof, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations were authorized in violation of the provisions of the Constitution of the State of New York.

            Section 7.         Prior to the issuance of any obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”).  In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of any obligations authorized herein upon the advice of bond counsel.  It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment.

            Section 8.         The Village hereby declares its intention to issue the serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (the “obligations”), to finance the costs of the Project.  The Village covenants for the benefit of the holders of such obligations that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the Project which would cause the interest on such obligations to become subject to federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”) (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or the Project financed thereby, if such action or omission would cause the interest on such obligations to become subject to federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code.  The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of any serial bonds authorized and issued under this bond resolution, or any other provisions hereof, until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made in connection with the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Board of Trustees of the Village.

            Section 9.         For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, the Village agrees, in accordance with and as an obligated person with respect to such obligations under, Rule 15c2-12 (the “Rule”) promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner as may be required for purposes of the Rule.  In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Administrator/Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations authorized herein in accordance with the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Administrator/Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto.  The agreement formed collectively by this paragraph and the Commitment shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder.  The Village Administrator/Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices.  Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Administrator/Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made.

            Section 10.       This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.

Item #14 – Authorizing additional depository banks for the Village of Pelham:

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

RESOLUTION

AUTHORIZING THE DESIGNATION OF ADDITIONAL

DEPOSITORY BANKS FOR THE VILLAGE OF PELHAM, NY

BE IT RESOLVED, that the Village of Pelham Board of Trustees hereby amends the designation of depositories made on April 4, 2006, to continue J P Morgan / Chase Bank, and HSBC Bank as existing depositories, and to add Commerce Bank, Bank of America and T D Bank North as depositories for the Village of Pelham, NY; and

BE IT FURTHER RESOLVED, that the Mayor, the Deputy Mayor, the Village Treasurer, and the Deputy Treasurer, are authorized to sign the necessary and appropriate agreements in accordance with the Village’s Investment Policy to invest funds with one or more of these depositories to achieve the best financial return for the Village of Pelham, NY.

Item #15 –  Authorizing the award of Contract #2006 - #07 for repair, replacement and reconstruction of curbs, sidewalks and walls:

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

RESOLUTION

AUTHORIZING THE AWARD OF CONTRACT NUMBER 2006-07

FOR REPAIR, REPLACEMENT AND RECONSTRUCTION OF

CURBS, SIDEWALKS AND WALLS

WHEREAS, The Village Of Pelham Issued A Notice to Bidders and Request For Bids for Contract 2006-07 for Repair, Replacement And Reconstruction Of Curbs, Sidewalks And Walls in the Village Of Pelham, which is partially funded by a Federal CDBG grant of $50,000, matched by $50,000, for work only in the designated CDBG areas; and

WHEREAS, a public notice was duly published on Friday, September 29, 2006, in the Gannett Westchester Newspaper, an official newspaper of the Village of Pelham; and

WHEREAS, during the notice period twenty two (22) companies were contacted and sent copies or picked up copies of the contract documents; and

WHEREAS, at 11 a.m. E.S.T., Monday, October 16, 2006, the Village of Pelham publicly opened and read six (6) proposals; and

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

                                                                                                                        Base Bid

5.                   Acocella Contracting of Scarsdale (Eastchester)                        $115,210

6.                  Vernon Hills of Mt. Vernon                                                   $132,500

7.                  MVM Contracting of Pelham                                                           $135,919

8.                  Landi Contracting of Eastchester                                                   $184,800

9.                  Reet Construction of Port Washington, LI                          $198,815

10.             NAC Contracting of Wappingers Falls                                          $204,000

WHEREAS, Administrator Richard Slingerland has determined that the lowest responsible bid that meets requirements is Acocella Contracting of Scarsdale, NY, at the total approximate bid price of $115,210, based on unit prices.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Pelham Village hereby award Contract 2006-07for Repair, Replacement And Reconstruction Of Curbs, Sidewalks And Walls in the Village Of Pelham to Acocella Contracting of Scarsdale, NY, at the total approximate bid cost of one hundred fifteen thousand two hundred ten dollars ($115,210), 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 #16 –  Authorizing a Site Plan for new single family home on the dead end of 6^th Avenue (Hoyt):

A presentation was made by the applicant’s builder, Craig Bregner, who presented a model of how the building would appear.  The building’s square footage was estimated at approximately sixteen hundred (1,600) square feet of habitable space.  Gwen Tapogna, Planning Board Chair, and Barbara Bartlett, ARB Member, were both in attendance to explain the memorandum of each board in support of the application.

A motion was made by Trustee Homan, with a second by Trustee Merrick to adopt the resolution.  The motion passed unanimously by vote of six in favor, none opposed, one absent (Trustee Mohan).

RESOLUTION

AUTHORIZING THE SITE PLAN (HOYT) FOR ONE FAMILY RESIDENCE

AT 110 SIXTH AVENUE

            RESOLVED, that the application for a Site Plan to construct a one family residence by Hoyt is approved, based on the review and recommendations by the Architectural Review Board and the Planning Board, which are attached to and made a part of this resolution and;

            BE IT FURTHER RESOLVED, that conditions apply as follows:

1.      That the Residence must be built in accordance with plans dated­­­­­­­­­­­­ March 14, 2006,June 5,2006,  with revisions on April 11,2006, July 7,2006, August 3.2006, August 28,2006and received by the Village on September 28,2006, and must be built according to the window and trim details, porch details,  landscaping plan, and approved colors and materials (as specified on plans);

a.      Window Schedules (see plans p. 3 & 4);

b.      Door Schedules (see plans, p 4);

c.      All elevation details as per sheets (see plans, p1);

d.      Drywell calculations as per sheet, (p 3 and as per attached sheet dated 8/29/06);

2.      The One Family Residence must be built according to the notations for the following:

a.      Every finish

b.      Full pallet and detail of materials

c.      Colors

d.      Window specifications

e.      Mechanicals in the basements

3.      That the landscaping plan must be complied with, with minimums as per specifications as shown on site plan (see plans,p 3):

4.      That there must be at least one (1) drywell, one (1) 301.59 cubic foot,  on the site as shown on the plans, to collect stormwater and minimize contribution to the Village’s stormwater system.

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.

7.      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 Hoyt for 110 Sixth 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.

Memorandum

To:       Village of Pelham Board of Trustees

From:   Nigel Scott-Williams, Chair; Barbara Bartlett, Brian Chabrunn, Ron Czajka, Martin Semjen; Village of Pelham Architectural Review Board

Date:    October 11, 2006

Re:       New Residence at 110 6th Avenue, Pelham, NY

-----------------------------------------------------------------

The Architectural Review Board (ARB) reviewed and approved plans as shown on Project Drawings Pages numbered 1 (dated 8/28/06), 2 (dated 8/28/06), 3 (dated 8/22/06), and 4 (dated 8/28/06) prepared by James A. Gibbons, PE.  

The plans were reviewed for aesthetics only and are annotated with detail notes by the ARB. Work shall be performed as shown and annotated on the Project drawings.

Annotations by ARB are as follows:

Page 1- Front Elevation-

• On House and Garage, Wood or Hardiplank not vinyl on gable section, not referenced on detail page (3)
• Half round gutter preferred,
• Masonry stucco not Eifis or Dryuit

Page 3 – Section Details

·        # 8- Gable Rake Detail - 

     Overhang recommended

      Board and Batton in most cases

·        #1- Window Head Vertical Section

                              See alternate head detail

·        #5- Transom Window Vertical Section

                              Miratec listed, wood was discussed, sample must be viewed by ARB

Page 4- Window Schedule

·        Window muntins are to be applied inside and outside, interior “snap-in”  muntins are   not acceptable.

c. Richard Slingerland, Village Administrator

MEMO

Date:    October 10, 2006

To:       Village of Pelham Board of Trustees

From:   Village of Pelham Planning Board

Re:       Application for Single Family House

110 6^th Avenue

The Village of Pelham Planning Board (PB) recommends that the Village of Pelham Board of Trustees (BOT) approve the application submitted by Dan Wharton and Marilyn Hoyt for a new single family residence at 110 6^th Avenue.

Work shall be performed as shown on Project Drawings 1 (dated 8/28/06), 2 (dated 8/28/06), 3 (dated 8/22/06), and 4 (dated 8/28/06) prepared by James A. Gibbons, PE. Attachments to the application include drainage calculations dated 8/24/06 and a construction schedule/timeline revised 9/19/06.

Item #17 –  Authorizing the annual CROP WALK 2006:

The Board asked the Administrator to make sure the Police Chief coordinated with Christ Church and Huguenot Church.

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

RESOLUTION

Authorizing the annual Pelham CROP WALK

ON Sunday, October 29, 2006

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham authorizes the 2^nd Annual Pelham CROP WALK, to be held on Village streets on Sunday, October 29, 2006, from 2 p.m. to 4 p.m.; and

BE IT FURTHER RESOLVED, that the assistance of the Village, including the Police and Public Works Departments is authorized to facilitate this event.

Item #18 –  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 six in favor, none opposed, one absent (Trustee Mohan).

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/Treasurer:

Fund Name:                                                                   Amount

General Fund                                                        $105,298.87

Water Fund                                                                   $548.98

Capital Projects Fund                                                  $378.40

Trust and Agency Fund                                                    $0.00

H3 Fund                                                                             $0.00

                                               Grand Total             $106,226.25

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

Item #19 –  Old Business/New Business:

John Cassone of 7^th Avenue asked Mr. Slingerland, “What do residents do about organic waste that can’t be placed curbside for pick up?”  Mr.  Slingerland informed John Cassone that he should contact Village Clerk Terri Rouke to find out how residents can dispose of their organic waste.  He said he thought generally people should put their plants and similar yard waste out with the leaves.

Item #20 –  Minutes  October 3, 2006:

A motion was made by Trustee Homan, with a second by Trustee Potocki to approve the minutes from October 3, 2006.  The minutes were approved unanimously by vote of six in favor, none opposed.

Item #21 – Adjournment - Executive Session to discuss pending litigation and personnel promotion:

The Mayor asked for a motion to go into Executive Session to discuss current litigation and personnel promotion issues.  On the motion of Trustee Merrick, seconded by Trustee Potocki, the Board voted to go into Executive Session to discuss the stated matters.  The motion passed unanimously by vote of six in favor, none opposed.

On the motion of Trustee Homan, seconded by Trustee Greco, the Board voted to adjourn the public portion of the board meeting and go into Executive Session at 10:30 p.m.  The motion passed unanimously by vote of six in favor, none opposed.

Respectfully submitted,

Devron Wilson, Administrative Aide

Richard Slingerland, Administrator/Deputy Clerk