VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING

TUESDAY, SEPTEMBER 19, 2006, 7:30 PM

VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY

MINUTES

1.                  Call To Order                                      2.         Pledge of Allegiance

3.                    Mayor’s Report                                   4.         Trustees’ Reports

5.                    Village Administrator’s Report           6.         Public Comment

                                                                                                                                        Approximate

      #       Agenda Items:                                                                                      Time of Discussion

Next Regular Board Meetings are Tuesdays October 3 and October 17, 2006

There will be a Meeting for Public Input on Hazard Mitigation Tuesday, Sept. 26 at 7 p.m.

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, SEPTEMBER 5, 2006, 7:30 PM

VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY

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

The following members of the Board of Trustees were present:

Mayor Michael Clain, Trustees Greco, Hotchkiss, Merrick, Mohan and Potocki.  Trustee Homan 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 – Mayor’s Report:

Mayor Clain reported that Lordae Management submitted a plan to the village for the 5^th Avenue replacement building.  They will be moving forward on an expedited basis.

Item #4 – Trustees Reports:

Trustee Greco had nothing to report at this time.

Trustee Potocki reported that he attended a parking meeting about parking at the Middle School/High School and Colonial School.  At the meeting the traffic consultant for the Board of Education came up with ways to improve parking around the schools.  Some suggestions that came out of the meeting included increasing the number of cars allowed to park at Ingalls Field from 50 to 100 cars; create 5 more spots on Franklin Place, create 5 more spots on the hill on Nyac Avenue, and create 4 more spots on Boulevard by cutting into the curb and widening the street.  He mentioned there will be another meeting October 16^th.

Trustee Potocki reported that the 12-hour meters on Harmon Ave. near 5^th Avenue will be switched during construction of the 911 memorial.  He also reported that two (2) damaged police cars are repaired and back in service, and the village is ordering two (2) more cars to replace older cars, and should be in soon.  He mentioned Sergeant Ralph Demasi has retired, and that Sergeant Demasi was a great officer who will be missed by the Village.

Trustee Hotchkiss reported that he spoke with Michael Yelin of the Glenwood Lake Association.  An Iona College professor has agreed to have his students study the lake to see what the alternatives are as a class project.  Administrator Slingerland said that Glenwood Lake is entering it’s eutrophication stage, which is causing the algae blooms.

Trustee Mohan reported that the firehouse fire exhaust system is almost completed.

Trustee Merrick reported on the NY Recreational Trails Grant.  He informed everyone that Administrative Aide Devron Wilson did a great job in completing a rough draft of the grant application.  He reviewed the list of items that have to be completed, and said the application should be on the agenda for the October 3^rd Board Meeting, to meet the application deadline of October 13^th.

Item #5 – Village Administrator’s Report:

Administrator Slingerland reported that the village is almost done with NIMS training.  He reported that the village is working with United Water to fix the broken water meter on Highbrook Avenue.  He mentioned that the Wolfs Lane Park Committee needs to stake out where the new trees should be planted in Wolfs Lane Park.  He mentioned that contracts will be going out to bid soon for the sidewalk project, walls including 7^th Ave. at 3^rd Street, 7^th Street west of 4^th Avenue, and Willow Avenue.  He would also soon be issuing a bid for paving, and he recommended the Village re-pave 2^nd Avenue between 5^th and 6^th Streets, and the bad parts of Monterey, and then re-pave Corlies between Boulevard and Colonial next summer.  The Board agreed, and Trustee Potocki asked the Administrator have DPW look at and fix some of the worst potholes on Corlies.  He also reported that Con Edison will have to under go an audit of their emergency procedures, and he had met and would be meeting with them again to work on rectifying the problems that had led to the lengthy power outages for neighborhoods in Pelham.

Item #6 – Public Comment:  None.

Item #7 – Discussion with opportunity for public input on parking regulations along 7^th Avenue, north of Lincoln Avenue, to the Dead End:

Jill Vacchio, 322 7^th Avenue did not want the 7^th Avenue parking regulations to change.

Bob Benkwitt, 405 7^th Avenue wanted the parking regulations to stay the same. 

Gary Jenkins of 436 7^th Avenue, off of 6^th Street, complained about business employees who park in front of his house every day, and leave trash.

John Cassone of 312 7^th Avenue mentioned that the two (2) hour parking regulations on 6^th Avenue have caused people to park on 7^th Avenue., creating problems for residents.

Chris Cohen of 304 7^th Avenue informed the Board that most of the parking occurs in front of his house, creating problems for his family.  He suggested 4-hour restrictions.

Raj Kharam of 311 7^th Avenue asked the Board to enact regulations to improve parking.

Because of the varying opinions on the matter, the Board of Trustees did not see a clear solution to the problem that would address the concerns raised.

Item #8 – Authorizing an amendment to the Village Code Chapter 90 to enact the Home Rule Resident Parking provisions in Pelham Heights:

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

RESOLUTION

AUTHORIZING AN AMENDMENT TO THE VILLAGE CODE CHAPTER 90

TO ENACT THE HOME RULE RESIDENT PARKING PROVISIONS NEAR

THE PELHAM MS AND HS AND COLONIAL SCHOOL

BE IT RESOLVED that Chapter 90, ARTICLE VI, Off-Street Parking Areas

§ 90-23.  Designation of areas, is amended to provide for the following provisions:

Delete:

H.        Municipal Parking Lot No. 8. - Reserved.   

Add:

H.        Municipal Parking Area No. 8 – Authorized extended-time (2-hour permit parking in 1-hour zones) parking areas where permit holders can park include Boulevard from Wolfs Lane to Highbrook Avenue; Nyac Avenue from Boulevard to Second Street; Corlies Avenue from Franklin Place to Second Street; Pelhamdale Avenue from Colonial Avenue to Irving Place; and Highbrook Avenue from Colonial to Irving Place.  Permits issued in this area do not entitle the permit holder to park in school permit parking areas on Colonial (bet. Corlies & Wolfs), Corlies (west side nearest Colonial intersection) and Nyac (west side hill adjacent to Franklin Field), or in any other designated no-parking area.   Permits may only be issued to village residents who reside in Municipal Parking Area No. 8.

Item #9 – Amending the Code to eliminate a parking spot on Maple at Pine Av., and enacting “No parking, stopping or standing, from here to corner:

* Note:  Item #9 and Item #10 are included in the same resolution.

Item #10 – Enacting “No parking, stopping or standing, between signs” for 30 feet on Pelhamdale, across from Colonial School, for Fire access:

It was explained that the elimination of the spot on the west side of Maple Avenue eliminates parking in the intersection with Pine Avenue.

The elimination of the parking on Pelhamdale Avenue provides room for Fire Department apparatus to turn and enter the Colonial School playground, in the event of an emergency.

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

RESOLUTION

AMENDING THE CODE TO ELIMINATE A PARKING SPOT

ON MAPLE AVENUE AT PINE AVENUE, AND ENACTING

“NO PARKING, STOPPING OR STANDING, FROM HERE TO CORNER”

AMENDING THE CODE TO ENACT “NO PARKING, STOPPING OR STANDING”

FOR 30 FEET ON PELHAMDALE AVENUE,

ACROSS FROM COLONIAL SCHOOL, FOR FIRE ACCESS AND

BE IT RESOLVED that Chapter 90, § 90-49.  Schedule X: No Parking Any Time, § 90-50.  Schedule XI: Standing Prohibited, and § 90-51.  Schedule XII: Stopping Prohibited are amended to include the following areas:

Name of Street                                   Side                           Location  

Maple Avenue                                   west                            From the northwest corner of

                                                                                                Maple and Poplar Avenues, to a

                                                                                                point approximately 60 feet north

                                                                                                of Poplar Avenue.

Pelhamdale Avenue                         west                            From the driveway of 315

                                                                                                Pelhamdale Avenue, to a point

                                                                                                thirty (30) feet north thereof.

Item #11 – Continued Public Hearing on the draft proposed Local Law to enact Water System regulations in the Village of Pelham:

A motion was made by Trustee Merrick, with a second by Trustee Mohan to adopt the Local Law, as amended.  The motion passed unanimously by vote of six in favor, none opposed.

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

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

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

Section 1

            A new Chapter 96 Water and Water Emergencies of the Code of the Village of Pelham is enacted as follows:

Chapter 96: Water and Water Emergencies

ARTICLE I Title and Administration

§ 96-1. Purpose and title.

A.        This chapter has two purposes:

1.         Articles I –V establish the regulations for the operation of the Pelham Water Supply, by which the Village of Pelham provides water to one area of the Village of Pelham. 

            2.         Article VI establishes local water use restrictions for times of drought or                                  other water supply emergencies, applicable to the entire Village of                                           Pelham, both the area supplied water by the Pelham Public Water Supply                                  (the section of the Village of Pelham commonly known as the Heights) as                           well as the areas supplied water by other sources. 

B.        This chapter may be cited as the “Water Code of the Village of Pelham.”

§ 96-2. Designation of administrative supervision and boundaries of the Pelham Public Water Supply.

A.                             The boundaries of the area receiving water from the Pelham Public Water            Supply are noted on the official map of such water supply, which is appended      to and incorporated in this chapter.  The boundaries are generally defined by          Colonial Avenue, Ancon Avenue, First Street between Ancon and Wolfs Lane,    and the western boundary of the Village of Pelham along the Hutchinson         River Parkway.

B.                             Subject to the control and supervision of the Board of Trustees, the Village           Administrator and the Public Works General Foreman are the administrative         superintendents in charge of the waterworks system of the Pelham Public           Water Supply.  All installations and non-public water system supply work on              private property within the area served by the Pelham Public Water Supply           require a permit from the Village of Pelham.

ARTICLE II Pelham Public Water Supply – Taps and Supply Connections

§ 96-3. Application; permit required.

A permit is required to make water tap and supply connections with any water main of the Pelham Public Water Supply, and the permit must be obtained before commence-ment of any work to establish such a connection.

A.        An application for a permit pursuant to this section must be submitted on forms provided by the Village Administrator’s Office or the Building        Department.  

B.        The application shall be signed by the owner of the premises to be      supplied water or by his duly authorized agent. 

C.        The application must include the location of the property to be supplied with water.  The location must include the section, block and lot numbers as shown of the Village tax map as well as the street and house number.

D.        No application for a permit will be granted until the applicant has complied     with all requirements of this chapter, provided proof of appropriate liability insurance and paid all required fees set by resolution of the Board of Trustees.

§ 96-4. Trench excavation and backfill.

The owner of the premises to be supplied water must provide at his own expense all trench excavation and backfill and supply pipe that are required to make a water tap and supply connection.  All such work must comply with the applicable provisions of this Code. The trench for the water tap and supply connection pipe shall have a minimum depth of 3 1/2 feet.  Any street or sidewalk opening for such purposes must comply with Chapter 33 of the Pelham Village Code.

§ 96-5. New and replacement tap charges.

The charges for new and replacement taps shall be as set by resolution of the Village Board.  See: Water Rates and Charges.

§ 96-6. Supply pipe standards; check valves; curb box maintenance.

A.                 All supply pipes extending from the curb box to the premises or building shall comply with all NYS Code approved standards for potable water.  Such lines may include Type K copper tubing or red brass containing not less than 85% copper, not less than 3/4 inch in diameter, shall have a suitable shutoff valve at the street side of the water meter and shall have a suitable shutoff valve, waste cock and check valve on the building side of the water meter. The check valve shall be located not closer than four feet to the water meter.  A separate supply pipe shall be installed for each premises to be supplied with water and shall extend directly from the water main to the premises and, whenever practicable, shall be located at a right angle to the front of the building to be supplied.

B.        Any existing installation without a check valve must install forthwith a check valve       by submitting an application within 30-days after receiving written notice to do so           from the Village Administrator or the Public Works General Foreman.  Such      written notice shall be served personally upon the property owner or mailed to    such owner at his last known address on the last assessment roll of the Village.         In addition, such written notice shall be served personally on any occupant of the   property or mailed to such occupant.

C.        Every property owner must supply a curb box, maintain it in good order at all times and keep it level with the surrounding ground, sidewalk or surface.

§ 96-7. Repair of supply connection pipes.

The property owner or occupant must repair at his expense supply connection pipe leaks which occur between the curb box and the water meter.  The Village shall give notice to the property owner and any occupant that such a leak exists.  The Village shall serve written notice of the leak by personally serving the property owner or by mailing notice to the owner at his last known address on the last assessment roll of the Village.  In addition, the Village shall serve written notice personally upon any occupant or by mailing notice to such occupant.  Within two days of receiving notice of the leak the property owner must make the necessary repairs.  If such repairs are not made, the Village may cut off the water supply at the curb box until such repairs are made, or the Village may make the repairs and charge the owner for the labor and material used or expenses incurred. The Village will repair without charge supply connection pipe leaks which occur between the curb box and water main.

§ 96-8. Supply connection abandonment.

When any water supply connection to any property is abandoned, the expense of opening the street and other costs incidental to turning off or cutting off the water supply connection at the water main shall be charged against the property and made a lien against the property that shall be filed with the Assessor and the Receiver of Taxes.

§ 96-9. Supply connection alteration.

When a property owner requests that a water supply connection be changed, the property owner shall bear the entire cost of making the change.

ARTICLE III Pelham Public Water Supply – Meters

§ 96-10. Installation and location.

All water supplied by or through the waterworks system or water mains of the Pelham Public Water Supply shall be recorded by water meter measurement.  The Pelham Public Water Supply shall furnish one water meter for each supply connection with the waterworks system or water mains of the Pelham Public Water Supply. The water meter may be located within or outside the building. If the water meter is located in the building, it shall be located adjacent to the shutoff valve, where the supply pipe passes through the foundation wall. If the water meter is located outside the building, it shall be installed in a box or pit not less than three feet in width, four feet in length and four feet in depth and approved by the Village Administrator and/or the Public Works General Foreman, or their duly authorized and qualified representative(s).

§ 96-11. Reserved.

§ 96-12. Accessibility of meter required.

Piping shall be so arranged so that the installed water meter rests on the floor or other support approved by the Village Administrator and/or the Public Works General Foreman, or their duly authorized and qualified representative(s).  The owner or occupant of the premises must keep the water meter easily accessible for reading and inspection at all times.

§ 96-13. Access to premises by Village agents.

Employees or agents of the Village shall have access to and may enter any premises in the Village at all reasonable hours in order to read, inspect or repair the water meter as well as to inspect or repair water fixtures or piping.

§ 96-14. Liability for meter repair.

When any water meter is damaged by fire, freezing, misuse or accident, the owner or occupant of the premises supplied water shall bear all expenses for the repair of the water meter or for the replacement of any meter damaged beyond repair. 

§ 96-15. Payment of water measured.

The property owner shall pay for the amount of water registered or measured. If a water meter fails to register for any cause, the quantity of water used during the time of such failure shall be determined by the Village Administrator and/or the Public Works General Foreman, or their duly authorized and qualified representative(s) on the basis of the average current amount registered by the water meter for a comparable period of time when meter was working.  

§ 96-16. Testing.

All water meters shall be tested for accuracy before being placed.  If the owner requests an official test after the meter is installed, and the water meter is found to have an error of less than 3% in over-registration, the owner will be charged a fee as set by resolution of the Board of Trustees.  

§ 96-17. Removal or alteration of meters restricted.

A water meter shall not be disconnected, moved, altered, changed or disturbed in any manner whatsoever without permission from the Village. All work in connection with the repair and maintenance of water meters shall be performed by the Village.

§ 96-18. Minimum and maximum standards.

The minimum size of the water meter for any supply pipe hereafter installed shall be a five–eighths-inch meter. The maximum size of the water meter for any supply pipe hereafter installed shall be a three-inch water meter, unless permission for larger installation shall be granted under terms and conditions approved by the Village of Pelham Public Water Supply and in accordance with this Code and all county, state, and other applicable law.  

§ 96-19. Multiple consumers.

Where one supply connection supplies two or more separate consumers on one property, only one water meter shall be installed, and the water rent for water registered by said meter shall be charged to the property owner. If additional water meters are desired to ascertain subdivisions to the separate consumers, they may be furnished and installed by the Village at the expense of the applicant, who shall assume all responsi-bility for reading and maintaining the same.

ARTICLE IV Pelham Public Water Supply – Water Rates and Payments

§ 96-20. Water rates fixed by Board.

The schedule of water rates, including regular usage rents, sprinkler system rents, hydrant rents and special service charges, shall be set by resolution of the Board of Trustees.  Such Schedule of Water Rates shall be included in the Code of the Village of Pelham.

§ 96-21. Water bills; late penalty.

Water bills will be issued quarterly and will be due within thirty days of the date of the bill.  If water bills are not paid within 30 days of the due date, a penalty of 10% of the quarter-annual water charge will be added thereto.

§ 96-22. Unpaid charges; remedies.

Whenever water bills or penalties thereon remain unpaid for more than 50 days after they become due and payable, the Village may cut off the water supply to the property in arrears after the Village gives the property owner and any occupant written notice.  At least 10 days prior to cutting off the water supply, the Village shall serve written notice stating the date on or after which the water supply will be cut off.  The Village shall serve the notice personally on the property owner or by mailing the notice to the owner at his last known address on the last assessment roll of the Village and shall serve notice personally on any occupant of the property or mail it to the occupant. 

ARTICLE V Pelham Public Water Supply – Cross-Connection Control Devices

§ 96-23.  Intent.

The purpose of this Article is to safeguard potable water supplies of the Village of Pelham from potential contamination by preventing back flow from a water user’s system into the public water system.  It is the intent of this Article to recognize that there are varying degrees of hazard and to apply the principle that that the degrees of protection should be commensurate with the degrees of hazard.  It is the intent of the Village of Pelham to comply with the requirements of New York State Sanitary Code, Part 5, Section 5-1.31 which requires that the supplier of water protect its water system in accordance with procedures acceptable to the Commissioner of Health.  These mandates are set forth in the Cross Connection Control Manual published by the New York State Department of Health and to that extent, the terms, conditions and provisions of the New York State Sanitary Code, Part 5, Section 5-1.31 and the Cross Control Manual are incorporated in this Local Law by reference as if more fully stated.

§ 96-24.  Definitions.

AIR GAP SEPARATION - A physical break between a supply pipe and a receiving vessel.  The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel and in no case shall be less than one inch. 

APPROVED CHECK VALVE - A check valve that seats readily and completely.  It must be carefully machined to have free moving parts and assured water tightness.  The face of the closure element and valve seat must be bronze, composition, or other non-corrodible material which will seat tightly under all prevailing conditions of field use.  Pins and bushings shall be of bronze and other non-corrodible, non-sticking material and shall be machined for easy dependable operation.  The closure element shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.  

APPROVED DOUBLE CHECK VALVE ASSEMBLY - Two single independently acting check valves, including tightly closing shut off valves located at each end of the assembly and suitable test connections.  This device must be approved as a complete assembly. 

APPROVED REDUCED PRESSURE ZONE DEVICE - A minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between the two check valves.  In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the checks at less than the supply pressure.  The unit must include tightly closing shut off valves located at each end of the device, and each device shall be fitted with properly located test cocks.  This device must also be approved as a complete assembly. 

APPROVED WATER SUPPLY - Any water supply approved by the New York State Department of Health.

AUXILIARY SUPPLY - Any water supply on or available to the premises other than the approved public water supply.

CERTIFIED BACK FLOW PREVENTION DEVICE TESTER - An individual who has successfully completed a New York State Department of Health approved course in the testing of back flow prevention devices and has been issued a certificate by the New York State Department of Health.

CROSS-CONNECTION - Any unprotected connection between any part of a water system used or intended to be used as a supply of water for drinking purposes in a source or systems containing water or a substance that is not or cannot be approved as equally safe, wholesome and potable for human consumption. 

WATER SUPERVISOR - The consumer or person on the premises charged with the responsibility of complete knowledge and understanding of the water supply piping within the premises and for maintaining the consumer’s water system free from cross connections and other sanitary defects, as required by this article and all other applicable laws and regulations. 

WATER USER – Each individual commercial or residential property owner and its occupants or visitors served by the water system.

VACUUM BREAKER - Pressure type and non-pressure type – A device that can only be used for internal plumbing control and is not acceptable as a containment device.

§ 96-25.  Where Protection is Required

The water system shall be required to maintain a degree of protection commensurate with the degree of hazard regardless of whether the hazard is immediate or potential. To that extent, the Cross Connection Control Manual published by New York State Department of Health shall be used as a guide to determine where protection is required.  It shall be the responsibility of the water user to provide and maintain such required protection devices and such devices shall be of a type acceptable to the New York State Department of Health. 

§ 96-26.  Type of Required Protection

            A.        At the service connection to any premises where there is an auxiliary water supply handled in a separate piping system with no known cross connection, the public water supply shall be protected by an approved reduced pressure zone device. 

            B,        At the service connection to any premises on which a substance that would be objectionable, but not necessarily hazardous to health if introduced into the public water supply, is handled so as to constitute a cross connection, the public supply shall be protected by an approved double check valve assembly.

            C.        At the service connection to any premises on which a substance of unusual toxic concentration or danger to health is or may be handled, but not under pressure, the public water supply shall be protected by an air gap separation or an approved reduced pressure zone back flow prevention device.  If an air gap is installed, it shall be located as close as practical to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible.  If a reduced pressure zone device is installed, it shall be located as close as possible to the property line.   

            D.        At the service connection to any premises on which any material dangerous to health, or toxic substance and toxic concentration, is or may be handled under pressure, the public water supply shall be protected by an air gap separation.  The air gap shall be located as close as practical to the water meter, and any piping between the water meter and receiving tanks shall be entirely visible.  If these conditions cannot reasonably be met, the public water supply shall be protected with an approved reduced pressure zone back flow prevention device, and it shall be located as close as possible to the property line.  

§ 96-27.  Frequency of Inspection of Protective Devices

It shall be the duty of the water user on any premises on account of which back flow protective devices are installed, to have competent inspections made at least once a year, or more often in instances where successive inspections indicate repeated failure.  Devices shall be repaired, overhauled or replaced at the expense of the water user whenever they are found to be defective. These tests shall be performed by a qualified back flow prevention device tester and all test results will be provided to the water user within 72 hours after the test is made.  Records of such tests, repairs and overhaul shall also be kept and made available to the water user and the local health department upon request. 

ARTICLE VI Pelham Public Water Supply – Repair, Replacement and Installation

§ 96-28. Repair of fixtures and supply pipes; notice and costs.

The owner or occupant of any premises supplied with water by the Pelham Public Water Supply shall repair or replace on the premises all leaking water fixtures or supply pipes of any kind whatsoever connected with said water system or mains.  No reduction shall be made in water rents because of such leakage or the cost of such repair or replace-ment. If the owner or occupant of the premises fails to repair or replace such leaking water fixtures or leaking supply pipes, the Village shall give written notice to such owner or occupant that such leak exists and that repairs or replacements must be made within two days. Such written notice shall be served personally upon the owner of the premises or mailed to such owner at his last known address on the last assessment roll of the Village and shall be served personally on or mailed to any occupant of the premises.  If the owner or occupant of a property does not make such repairs or replacements within two days, after giving such notice as is reasonable in light of the magnitude of the leak, the Village may cut off the water supply until such repairs or replacements are made. In no event shall the owner or occupant be entitled to greater notice than that provided for in § 96-22.

§ 96-29. Installation by licensed and insured plumber required.

Installation of water piping and fixtures upon the premises supplied with water by or through the Village water system or Village water mains shall be done by or under the direction of a plumber who is licensed by Westchester County and has given the Village a certificate of insurance in compliance with the permit insurance requirements established by resolution of the Board of Trustees. 

§ 96-30. Remote reading conversion required.

No building permit for any new building or for any alteration to any existing building costing more than $1,000, as estimated by the Village of Pelham, shall be issued until such applicant has paid to the Village of Pelham Water Department the fee for a remote reading conversion as set by resolution of the Board of Trustees.  Editor's Note: See Ch. 96 – Appendix 1, Water Rates for Charges.

ARTICLE VII – Village of Pelham Water Supply Emergencies

§ 96-31. Legislative intent.

The intent of this article is to promote water conservation and to reduce the wasteful, inefficient and nonessential use of water during periods of drought and/or other water emergency, to establish penalties for violations and to provide for enforcement of water conservation measures in the Village of Pelham for the protection of the health, safety and welfare of the people of the entire Village of Pelham, the area supplied water by the Pelham Water System as well as the rest of the Village.

§ 96-32. Emergency Restrictions on consumption in declared emergency.

Upon receipt of a report or recommendation from the Village Administrator or the Public Works General Foreman based upon factors, including but not limited to, the levels of the Village’s water supply sources, precipitation levels in watershed area and the time of year, the Board of Trustees by general resolution may declare a water emergency in the Village of Pelham and specify what restrictions on water use are necessary or advisable to safeguard available water supplies. Upon providing notice thereof by publication in a newspaper of general circulation in the Village, any or all of the following provisions regarding water consumption shall apply 24 hours thereafter and until further notice:

A.        It is prohibited:

            (1)       To use fire hydrants for any purpose other than fire protection.

            (2)       To serve tap water to patrons in restaurants, clubs or eating places                              unless a customer specifically requests water. 

            (3)       To operate car washes unless re-circulating equipment is used.

            (4)       To use water for ornament or display, including but not limited to                       fountains, artificial waterfalls, reflecting pools, and ponds, whether                            or not such water is recycled water. 

            (5)       To use hoses to wash streets, driveways, sidewalks and                                                automobiles, but washing automobiles with buckets of water is                                     permitted.

            (6)       To water lawns and plants, except water from a hand-     held container or       from a hand-held hose with a spring-operated shutoff valve may be used   to irrigate vegetables and fruits grown for human consumption without             restriction on maximum hours of use per day or time of day.

            (7)       To use water to clean the exterior of buildings.

            (8)       To fill swimming pools, except with a permit issued by the Village                     Administrator or with water trucked in from an outside source

B.        Leaks in consumer water connections shall be repaired within 48 hours.

C.        Water meters shall be installed on all air-conditioning cooling units within 30 days. Air-conditioning units over two tons are required to have re-circulating equipment.

D.        Such other restrictions as United Water New Rochelle, or the New York City Department of Environmental Protection, or a higher level of government such as the State or Federal Government             may require pursuant to law shall be passed on within the Village of     Pelham.

§ 96-33. Termination or reduction of emergency.

At any time during the existence of a water emergency condition set forth in § 96-32, on the basis of a report or recommendation from the Village Administrator or the Public Works General Foreman, or notice from United Water New Rochelle and/or the New York City Department of Environmental Protection, the Board of Trustees by resolution may reduce or terminate the restrictions in effect and give notice thereof by publication in a newspaper of general circulation in the Village.

§ 96-34. Imported water.

The restrictions imposed under § 96-32 shall not apply to the use of water imported into the Village of Pelham by tanker truck or other such similar, lawful means and derived from a source outside of the Village of Pelham.  Also, such restrictions shall not apply to precipitation collected by the user.

ARTICLE VIII Enforcement

§ 96- 35.  Penalties for violations of Articles II, III, IV and VI.

Any neglect, failure or refusal to comply with any provisions of Articles II, III, IV and VI of this chapter or any act contrary to the provisions of Articles II, III, IV and VI shall be deemed a violation thereof, and any person found guilty of violating such provisions, in addition to any other penalties prescribed by law, shall be fined no more than $250 or imprisoned for not more than 15 days, or both, for each offense. Each day that any violation of this chapter shall continue shall be deemed to be a separate and distinct violation thereof.

§ 96-36.          Penalties and recourse for violations of Article V-

Cross-connection Control Devices.

A.        No water service connection to any premises shall be installed or maintained by        the water user, unless the water supply is protected as required by this Chapter           and such other applicable local, state and federal laws, rules or regulations. 

B.        If any facility served by a water system denies a water department person access     to their premises for the purposes of determining if protection to the public water             system is necessary, then the maximum protection condition shall be imposed with the requirement that the number of devices shall equal the number of             service lines. 

            C.        The following penalties shall be applicable for a violation of Article V of this    chapter:

                        1.         Failure to install the appropriate back flow prevention device within the                                    prescribed time frame after the first notice: $250.00.

                        2.         Failure to install the appropriate back flow prevention device within                                          the prescribed time frame after the second notice: Termination of service.           

                        3.         Failure to test the back flow prevention device at least annually:                                                $300.00 and /or termination of water service.

                        4.         Failure to replace or repair a back flow prevention device as                                                     required: $1,000.00 and/or termination of water service.  

§ 96 – 37.  Penalties for violations of Article VII – Water Supply Emergencies.

Any violation of the restrictions set forth in § 96-33 shall be punishable by a fine of not less than $100 and not to exceed $250 for the first offense, a fine of not less than $250 and not to exceed $500 for the second offense within a five year period, and a fine of not less than $500 and not to exceed $1,000 for the third and every subsequent offense in a five-year period.

§ 96 – 38.  Enforcement.

This chapter may be enforced by any police officer, the Building Inspector, the Village Administrator, or Water System Operator or their respective officers, employees or agents.

Section 2

This local law shall take effect upon its adoption and filing with the Secretary of State.

Item #12 – Continuation of a Public Hearing on changes to the Village Code on various permit and license matters - continued to Oct. 3^rd Meeting:

* Note:  This matter is continued until the October 3, 2006 Board Meeting.  Draft dated 5/25/06; revised per severed portion on August 8, 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

Item #13 – Amending the award of a Req. for Proposals for the supply of trees:

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

RESOLUTION

AMENDING THE AWARD OF A CONTRACT

FOR THE SUPPLY AND DELIVERY OF TREES

WHEREAS, on September 5, 2006, after advertisement and circulation of a notice of public bid and receiving eight (8) bids, the Board of Trustees authorized a bid award for the supply of trees to Princeton Nursery of Princeton, NJ, as the lowest responsible bidder for the Supply And Delivery Of sixty six (66) Trees, but upon notification of the award the bidder was unable to meet the parameters of the bid they submitted, due to delays in availability and proposed alternates much smaller in height and caliper; and

WHEREAS, upon reviewing the original bid results, the Administrator has determined that the lowest responsible bid that most closely meets requirements is Shemin’s Nursery of Greenwich, Connecticut.

                                                                                                                        Grand total

1.         Shemin’s Nursery of Greenwich, CT                       &nb