Discussed. Discussed. 10. Environmental (LED light status report). Discussed 11. Development (Site Plan Review Revision, Pelham Medical

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1 VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JULY 15, :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 Approximate 6. Public Comment Starting Time # Agenda Items: of Discussion Committee Reports 7:40 p.m. 7. Open Spaces (Purchase of trash /recycling cans, benches, picnic Discussed tables & bike racks; business Façade improvements; Hank White). 8. Website / Telecommunications (Verizon Fios, Website upgrades, E- Discussed mail notification list, Village Hall Phone Prompts). 9. Flooding (Westchester County Flood Action Task Force, Engineer Project Bid, DPW catch-basins mapping, etc.). Discussed 10. Environmental (LED light status report). Discussed 11. Development (Site Plan Review Revision, Pelham Medical Discussed Group/Lordae, Commercial Zoning Review Committee). 12. Human Resources & Administration (incl. Dept. Risk Assessment). Discussed 13. Farmer s Market (status report). Discussed Human Resources and Personnel 8:15 p.m. 14. Resolution authorizing the hiring of two employees to the position of Approved Police Officer. 15. Resolution authorizing the appointment by the Mayor of a new Fire Approved Chief in charge of the Pelham Fire Department. 16. Resolution authorizing the payment of accrued leave to an employee Approved retiring from the Pelham Police Department. Site Plan application 8:30 p.m. 17. Resolution authorizing a site plan application by Mackay for an Approved addition at 42 Maple Avenue. Business 8:45 p.m. 18. Resolution adopting additional pre-audit Fiscal Year end Approved budget transfers and amendments. 19. Review and consideration of CRP Sanitation s request to authorize a fuel surcharge on the Village s Garbage and Recycling contract. To be reviewed. 20. Resolution scheduling a hearing on a proposed draft Franchise Approved Agreement between the Village and Verizon for FIOS TV. Streets and Traffic Resolution amending the Village Code Chapter , to make the Tabled 21. intersection of Wolfs Lane and Boulevard West in all directions a No Turn on Red intersection (per Safe Routes to Schools goals) Housekeeping 9:30 p.m. 22. Authorizing the Accounts Payable Approved 23. Other Business Approved 24. Minutes: May 20, June 3 and June 17, 2008 Approved 5/20 only 25. Adjournment Adjourned The next Board Meetings are August 12, September 9 and September 23, * All meetings start at 7:30 p.m. unless otherwise noted. The Agenda is subject to change.

2 Page 2 VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JULY 15, :30 P.M. 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 Edward Hotchkiss at 7:35 p.m. The following members of the Board of Trustees were present: Mayor Edward Hotchkiss, Trustees Breskin, Morris and Potocki. Trustee Lewis arrived at 7:50 p.m. Trustee Weinstein arrived at 8:20 p.m. Trustee Homan was absent. Village staff in attendance: Administrator/Treasurer Richard Slingerland and Administrative Aide Devron Wilson. Item #2 Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Edward Hotchkiss. Item #3 Mayor s Report: Mayor Hotchkiss thanked the Red Cross for their help on June 11 th, when the carbon monoxide problem caused the evacuation of th Avenue until about 6 p.m. Item #4 Trustees Reports: Trustee Breskin had nothing to report. Trustee Potocki reported that the Village s Safe Routes to School Program is continuing to move forward. Drop-off zones have been finalized near the middle school and high school. A letter will go out to parents of middle school and high school students, informing them of the drop-off zones. Trustee Potocki also reported that the Department of Environmental Conservation and the Glenwood Lake Association plan to work with Pelham to improve the flooding in and around the Glenwood Lake area. The Glenwood Lake Association would like to expand the parkland around the lake to decrease the impervious surfaces around the lake, and to beautify the area. Trustee Potocki reported that the last few rainfalls have only caused minor flooding in Pelham, so far this year. Trustee Potocki submitted that it has been the experience of the Village that lowering the lake before rainstorms has helped substantially to minimize flooding in the low-lying areas of Pelham. The village plans to work with the City of New Rochelle to establish a standard practice of lowering the lake before rainstorms. The Village has found that lowering the lake level by three to four inches has prevented flooding, and a new valve to lower the lake in advance of storms would make it much easier to control the water levels. Mayor Hotchkiss also submitted that since the water flows across County land, the County is also responsible and must do something to reduce flooding. Trustee Lewis had nothing to report. Trustee Morris thanked welcomed Curtis Taylor, the Village of Pelham s new fire chief. for accepting the position of Village of Pelham Fire Chief. Trustee Morris thanked Rich Carfora for his years of service as Pelham Fire Chief.

3 Page 3 Item #5 Village Administrator s Report: Village Administrator Richard Slingerland had nothing to report that was not included on the agenda. Item #6 Public Comment: Ralph Borsella of 18 Linden Avenue submitted a complaint about the quality of life in Pelham. He reported that the property on 5 th Avenue south of Mayflower Avenue, across from the Sanborn Map Building, is an eyesore. Mr. Borsella stated that the property has been this way for over a year. Administrator Slingerland informed everyone that the building inspector has been coordinating with City and State officials about the property remediation of cleaning up a substantial amount of oil and petroleum contamination, which the Building Inspector reports has been completed. Mr. Slingerland further mentioned that the village received a preliminary report finding that the water on the property is not hazardous. The village will continue to work with state officials and the property owner to make sure the clean-up is completed. Doris Mullen of th Avenue reported that her property constantly floods when it rains. She asked the board if it will grant her permission to park on the street all of the time. The Mayor and Board discussed a few aspects of the requests, but advised that the Village would not withdraw the parking restrictions on the street. Mayor Hotchkiss and Administrator Slingerland reported that the Village is doing everything possible to improve the flooding problem, including working with Federal and State Emergency Management Agencies to find grants and solutions to the flooding problem. Mr. Slingerland promised to discuss her request with the police chief, to explore some possible solutions for her. Mayor Hotchkiss and Trustee Potocki advised Ms. Mullen that the Village is trying our its best to work on the issue fairly. Item #7 Open Spaces (Purchase of trash /recycling cans, benches, picnic tables & bike racks; business Façade improvements; Hank White): Administrator Slingerland reported that about $7,000 worth of the trash receptacles and benches have been ordered, to close out the state grant through Senator Jeff Klein grant. He mentioned that in June the State Division of Housing and Community Renewal had advised the Village it had to sign up and proceed with some façade renovations before the Main Street streetscape monies could be spent on the benches and garbage cans. Mr. Slingerland mentioned he plans to set up a meeting next week with Hank White to discuss plans for Wolfs Lane Park. Item #8 Website / Telecommunications (Verizon Fios, Website upgrades, notification list, Village Hall Phone Prompts): Administrative Aide Devron Wilson reported that the village has hired Danielle Cardinale as an intern to improve the layout and functionality of the village s website. Mr. Wilson reported that Mayor Hotchkiss and Trustee Lewis met with Ms. Cardinale Danielle last week and that he, the Mayor and Trustee Lewis were all pleased with the website improvements. Mr. Wilson stated that Ms. Cardinale Danielle is doing a fantastic job. Mr.

4 Page 4 Wilson further mentioned that the village web-based call management system is up and working well. Regarding the negotiations with Verizon for the FIOS TV franchise, Trustee Lewis mentioned that Administrator Slingerland and Mayor Hotchkiss had a conference call with Verizon to continue discussions on the Verizon FIOS contract. Trustee Breskin suggested that the village ask Verizon for a timeline on the village build-out. Village Attorney Ed Bullock discussed the parameters of the Hold Harmless Agreement between the Village and Verizon, as they relate to the franchise negotiations. Item #20 Resolution scheduling a hearing on a proposed draft Franchise Agreement between the Village and Verizon for FIOS TV: (This topic was moved up from later in the agenda.) It was mentioned that there are three minor outstanding issues the P.E.G. funding and equipment grant, the hold harmless clause in the contract, and the list of village facilities that will receive FIOS drops. A motion was made by Trustee Lewis, with a second by Trustee Breskin to adopt the resolution. The motion was approved unanimously by vote of five in favor, none opposed. Trustees Homan and Weinstein were absent. SCHEDULING A HEARING ON A PROPOSED DRAFT FRANCHISE AGREEMENT BETWEEN THE VILLAGE AND VERIZON FOR FIOS TV RESOLVED, by the Mayor and Board of Trustees of the Village of Pelham, based on the completion of negotiations between the Village of Pelham and Verizon for a Franchise agreement to allow Verizon to offer its Verizon FIOS Cable TV service to homes and businesses in the Village of Pelham, that a public hearing is scheduled on the terms of that negotiated agreement, to be held as follows: Cable Television Franchise Public Hearing to be held before the Mayor and Board of Trustees of the Village of Pelham as follows: Subject: Draft Franchise Agreement between Pelham Village and Verizon for FIOS TV Date: Tuesday, August 12, 2008 Time: Location: 7:30 p.m. Village Hall, 195 Sparks Avenue, Pelham

5 Page 5 A copy of the draft proposed Franchise agreement will be made available for public review at least ten (10) days before the date of the hearing, no later than Friday, August 1, Hard copies will be available at Village Hall, 195 Sparks Avenue, Pelham, NY, Electronic copies can be downloaded at and requests made by to the Village Administrator by at Richard.slingerland@pelhamgov.com. Item #9 Flooding (Westchester County Flood Action Task Force, Engineer Project Bid, DPW catch-basins mapping, etc.): Administrator Slingerland reported he had initiated contact with another engineer about alternative projects the village can implement to reduce flooding in the village. Mr. Slingerland reported that he expects an updated proposal with lower figures [lower than those submitted by Dolph or what?]. Administrator Slingerland had met with City of New Rochelle Public Works Commissioner Jeff Coleman about the flooding problem in Pelham. Commissioner Coleman believes that the project to remedy flooding in Pelham could cost less, and the extent of the work could be smaller than the village has been led to expect. Item #10 Environmental (LED light status report): Administrator Slingerland and Public Works General Foreman Michael Shriman met with a vendor to discuss LED luminary lights for the village s street lights, but the vendors review [prices for a review are too high? clarify] and their prices [for the fixtures?] so far have been too high. Mr. Slingerland and Mr. Shriman will continue to explore other alternatives. Item #11 Development (Site Plan Review Revision, Pelham Medical Group/Lordae, Commercial Zoning Review Committee): Administrator Slingerland reported that the site plan revisions have been prepared and circulated. Comments regarding the site plan are being compiled. Mr. Slingerland reported that Pelham Medical Group is expected to bring in their permit fees and escrow deposit soon. Item #12 Human Resources & Administration (incl. Dept. Risk Assessment): Mayor Hotchkiss mentioned that he has met with the department heads to discuss risk management. Administrator Slingerland mentioned that he is in the process of working with Trustee Homan to put together an Employee Human Resources Manual for the Village. Item #13 Farmer s Market (status report): Trustee Lewis reported that the Farmer s Market has been successful. Trustee Breskin reported that people from New Rochelle, Mount Vernon, and Bronxville have visited the Pelham market. Local businesses have also opened during the hours of the farmer s market. Trustee Potocki suggested we ask Miriam Haas to include in her press releases and news articles that Pelham is accessible by train. Item #14 Resolution authorizing the hiring of two employees to the position of Police Officer: * Administrator Slingerland reported that for Civil Service purposes, the appointments must be made in order.

6 Page 6 A motion was made by Trustee Potocki, with a second by Trustee Weinstein to adopt both of the resolutions, with Michael Sheehy appointed first, and Earl Scott appointed second. The motion was approved unanimously by vote of six in favor, none opposed. Trustee Homan was absent. AUTHORIZING THE APPOINTMENT BY THE MAYOR OF MICHAEL SHEEHY TO THE POSITION OF POLICE OFFICER IN THE PELHAM POLICE DEPARTMENT BE IT RESOLVED, that the Board of Trustees of the Village of Pelham authorize the appointment by the Mayor of Michael Sheehy of Pelham, New York, to the position of Police Officer, attending the Police Academy starting Monday, August 4, 2008, with salary and effective date of employment determined by collective bargaining agreement with the Pelham Police and subject to the requirements of Civil Service, for a probationary period of eighteen months, conditioned upon the satisfactory completion of a pre-employment medical examination, and authorizes the Mayor, the Village Administrator and the Police Chief to take the necessary and appropriate actions to effect this offer and for Mr. Sheehy to begin the Police Academy on August 4, AUTHORIZING THE APPOINTMENT BY THE MAYOR OF EARL SCOTT TO THE POSITION OF POLICE OFFICER IN THE PELHAM POLICE DEPARTMENT BE IT RESOLVED, that the Board of Trustees of the Village of Pelham authorize the appointment by the Mayor of Earl Scott of Pelham, New York, to the position of Police Officer, attending the Police Academy starting Monday, August 4, 2008, with salary and effective date of employment determined by collective bargaining agreement with the Pelham Police and subject to the requirements of Civil Service, for a probationary period of eighteen months, conditioned upon the satisfactory completion of a pre-employment medical examination, and authorizes the Mayor, the Village Administrator and the Police Chief to take the necessary and appropriate actions to effect this offer and for Mr. Scott to begin the Police Academy on August 4, Item #15 Resolution authorizing the appointment by the Mayor of a new Fire Chief in charge of the Pelham Fire Department: Mayor Hotchkiss commented that Trustee Morris had mentioned the new Chief earlier in the meeting. Trustee Morris summarized that Chief Taylor had retired as a Captain from the New Rochelle Fire Department, and that he had been acting Acting Chief in Pelham for the past few weeks to maintain continuity in the Department, and to implement a proactive training schedule, for both Volunteer and Career Firefighters. The Mayor mentioned he would be back on August 12 th for his ceremonial oath of office.

7 Page 7 A motion was made by Trustee Morris, with a second by Trustee Breskin to adopt the resolution. The motion was approved unanimously by vote of six in favor, none opposed. Trustee Homan was absent. AUTHORIZING THE APPOINTMENT BY THE MAYOR OF A CANDIDATE FOR THE POSITION OF FIRE CHIEF, PART TIME IN THE PELHAM FIRE DEPARTMENT BE IT RESOLVED, that the Board of Trustees of the Village of Pelham authorize the appointment by the Mayor of Curtis Taylor of New Rochelle, New York, to the position of Fire Chief, Part Time, with an effective date of hire of June 21, 2008, set forth in a letter delineating salary at fifty fifty-five thousand dollars per year, and benefits in line with other non-union management employees of the Village, subject to the requirements of Civil Service, for a probationary period of one (1) year and authorizes the Mayor, the Village Administrator and the Village Clerk to take the necessary and appropriate actions to effect this appointment. Item #16 Resolution authorizing the payment of accrued leave to an employee retiring from the Pelham Police Department: The Board had questions about this authorization. Administrator Slingerland advised the Board that this payment would be made underis an ongoing agreement with the Police. Mayor Hotchkiss advised the Board that this payment reduces the total pool of compensatory time among the police department, and thus reduces an overall liability the Village identified with our its auditors under employment benefits and retirement payouts. A motion was made by Trustee Potocki, with a second by Trustee Weinstein to adopt the resolution. The motion was approved unanimously by vote of six in favor, none opposed. Trustee Homan was absent. AUTHORIZING PAYMENT OF POOLED COMPENSATORY TIME TO POLICE SERGEANT MICHAEL GLOVER UPON HIS RETIREMENT BE IT RESOLVED, that the Board of Trustees of the Village of Pelham acknowledged the retirement of Police Sergeant Michael Glover, effective Sunday, June 29, 2008, after completion of over twenty years of employment as a police officer and police sergeant, and authorizes the reduction of police officer compensatory time banks by a day each as recommended by the Police Chief and Lieutenant in the total amount of seven thousand nine hundred forty four dollars and eighty six cents ($7,944.86). Item #17 Resolution authorizing a site plan application by Mackay [is this how these are usually treate? Last name only?] for an addition at 42 Maple Avenue:

8 Page 8 Michael Mackay of 42 Maple Avenue gave a brief presentation about the proposed addition to his home at 42 Maple Avenue. He mentioned that he is changing his home from a 1 ½ story home to a 2 story home. Planning Board member Gwen Tapogna mentioned that the plans were reviewed after a variance was granted. The plans are in order and fall within the parameters of village Village code. Architectural Review Board Chairwoman Barbara Bartlett stated that the addition will look fabulous. She also mentioned that although Mr. Mackay is adding a second story to his home, it will not change the overall look of the house much. A motion was made by Trustee Lewis, with a second by Trustee Breskin to adopt the resolution. The motion was approved unanimously by vote of six in favor, none opposed. Trustee Homan was absent. AUTHORIZING THE SITE PLAN FOR PROPOSED SECOND FLOOR ADDITION (MacKay) AT 42 MAPLE AVENUE RESOLVED, that the application for a Site Plan to construct a second floor addition is approved, based on the review and recommendations by the Planning Board and the Architectural Review Board; and BE IT FURTHER RESOLVED, that conditions apply as follows: 1. That the second floor addition must be built in accordance with plans received by the Village and approved by the Planning Board in their its memo dated June 13, 2008, which is attached to and made part of this approval; 2. That the two story addition must be built in accordance with plans received by the Village and approved by the Architectural Review Board in their its memo dated July 8, 2008, which is attached to and made part of this approval; 3. That Grading and Drainage on the sites as shown on the plans approved by the Planning Board and 4. All construction activity must comply with the Village Noise Ordinance and all construction activity must only take place on the days and times as per Village Noise Ordinance; 5. Any other actions deemed necessary by the Mayor, Village Administrator, Building Inspector, 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 MacKay for 42 Maple Avenue, is subject to the procedures, regulations and requirements of the Pelham Village Code and Pelham Building Department; and

9 Page 9 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. Planning Board Memo follows here: Memo Date: June 13, 2008 To: Village of Pelham Board of Trustees From: Village of Pelham Planning Board Re: Applicant: Mackay Property: 42 Maple Avenue Application for proposed second story addition The Village of Pelham Planning Board (PB) recommends that the Village of Pelham Board of Trustees (BOT) approve the application for the proposed second story addition to the residence at 42 Maple Avenue. The Planning Board unanimously approved the application for the proposed construction of the second story addition submitted by the applicant. All work relating to the construction of the proposed drainage system shall be performed as shown on Plan Drawings A-1, A-2, A-3, dated 5/9/08, Plan Drawing A-4 dated 5/21/08, and Plan Drawings EX and EX-1 dated 4/2/08, by Spearman Architectural Design PC. Architectural Review Board Memo follows here: Memo Date: July 8, 2008 To: Village of Pelham Board of Trustees From: Village of Pelham Architectural Review Board Re: Application for a proposed second floor addition for 42 Maple Avenue The Architectural Review Board (ARB) recommends that the Village of Pelham Board of Trustees (BOT) approve the application submitted by Michael Mackay, for a proposed second floor addition for 42 Maple Avenue. Work shall be performed as shown on Project Drawings dated June 24, 2008 pages A1, A2, A3, A4 signed by the ARB on July 7, See notations and bubbles on drawings, page A3

10 Page 10 regarding removal of middle outrigger on left and right side elevations and spacing of outriggers on left side elevation.

11 Page 11 Item #19 Review and consideration of CRP Sanitation s request to authorize a fuel surcharge on the Village s Garbage and Recycling contract: (This topic was moved up from later in the agenda.) Ronald Carbone of CRP Sanitation submitted a formal letter of request to the Board, and made a presentation about the impacts of the recent high increases in the price of fuel on his company. He requested the Village to pay a fuel surcharge in light of the huge increases in the cost of diesel fuel. Mayor Hotchkiss said the village understands the effect the increased cost of fuel has on CRP Sanitation s business, and advised him that the Board would review and discuss this matter further and get back to him. Item #18 Resolution adopting additional pre-audit Fiscal Year end budget transfers and amendments: A motion was made by Trustee Morris, with a second by Trustee Weinstein to adopt the resolution. The motion was approved unanimously by vote of six in favor, none opposed. Trustee Homan was absent. Re: Year-end Budget Transfers for Fiscal Year Whereas, Whereas, Whereas, Resolved, pursuant to the provisions of Section of the New York State Village Law, the Board of Trustees, by resolution, may increase existing appropriations by transferring funds from the unexpended balance of another appropriation, from the contingent account, from available cash surplus or unanticipated revenues within a fund, or by borrowing, and at the end of the fiscal year, it is necessary to make modifications to the areas in the budget that had insufficient appropriations based on actual results of operations, and in all cases, there are sufficient unexpended balances in other appropriations accounts, excess revenues or fund balances available to cover the transfers, now therefore be it that pursuant to Village Law Section 5-520, the Board of Trustees hereby authorizes and directs the proper Village officers to modify the Budget by making the following transfers: 2007/08 BUDGET AMENDMENTS as of May 31, /08 budget amendments general fund To From A Vehicle Repair $720 A Hospital & Medical $720 Totals $720 $720

12 Page 12 Item #21 Resolution amending the Village Code Chapter , to make the intersection of Wolfs Lane and Boulevard West in all directions a No Turn on Red intersection (per Safe Routes to Schools goals: This topic was discussed and then tabled for further review. AMENDING THE VILLAGE CODE CHAPTER , TO MAKE THE INTERSECTION OF WOLFS LANE AND BOULEVARD WEST IN ALL DIRECTIONS A NO TURN ON RED INTERSECTION (PER SAFE ROUTES TO SCHOOLS GOALS) Item #22 Authorizing the Accounts Payable: Trustee Morris had audited the accounts payable vouchers. Mayor Hotchkiss suggested the Village look into alternatives to storing records at Iron Mountain. He asked how many boxes we have there, and how frequently we pay. (Note: This matter was investigated, and the Village is preserving 56 file boxes of permanent village records, at a total annual cost of $ ) A motion was made by Trustee Morris, with a second by Trustee Weinstein to adopt the resolution. The motion was approved unanimously by vote of six in favor, none opposed. Trustee Homan was absent. WHEREAS, pursuant to Section 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: Fund Name: Amount General Fund $ 446, Water Fund $ 42, Capital Projects Fund $ 122, Trust and Agency Fund $ H3 Fund $ 0.00 TE Expendable Trust Fund $ 0.00 Grand Total $ 612, NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof.

13 Page 13 Item #23 Other Business: Trustee Potocki had a great time serving as acting Mayor while Ed Hotchkiss and Mia Homan were away. Trustee Morris mentioned that there are a lot fewof troublesome potholes in the village. Administrator Slingerland mentioned that he will give the locations to the DPW to have them fix the potholes as soon as possible. The board discussed CSEA contracts. Item #24 Minutes: May 20, June 3 and June 17, 2008: A motion was made by Trustee Breskin, with a second by Trustee Morris to adopt the minutes from May 20 th only. The board voted unanimously to approve the minutes from May 20 th by vote of six in favor, none opposed. Trustee Homan was absent. Item #25 Adjournment: On the motion of Trustee Breskin, seconded by Trustee Morris, the Board voted to adjourn the public portion of the board meeting and go into Executive Session at 9:30 p.m. to discuss personnel matters involving labor negotiations, after which it would adjourn. The motion was approved unanimously by vote of six in favor, none opposed. Trustee Homan was absent. Respectfully submitted, Devron Wilson, Administrative Aide Richard Slingerland, Administrator/Deputy Clerk

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