Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, OCTOBER 7, 2008 – 7:30 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY MINUTES 1. Call To Order 2. Pledge of Allegiance 3. Oath of Office for new Firefighter Recruit Timothy Frusciante. 4. Mayor’s Report 5. Trustees’ Reports 6. Village Administrator’s Report – including VOP Quarterly Report Approximate 7. Public Comment Starting Time # Agenda Items: of Discussion Committee Reports 7:55 p.m. 8. Open Spaces (Purchase of trash /recycling cans, benches, picnic tables Discussed & bike racks; business Façade improvements; Hank White). 9. Flooding (Westchester County Flood Action Task Force, Engineer Project Discussed Bid, DPW catch-basins mapping, etc.). 10. Environmental – (LED light status report). Discussed 11. Development (Site Plan Review Revision, Pelham Medical Group/Lordae, Discussed Commercial Zoning Review Committee). 12. Human Resources & Administration, incl. Dept. Risk Assessments. Discussed Public Hearings 8:15 p.m. 13. Continued Public Hearing on a proposed draft Franchise Agreement Continued between the Village and Verizon for FIOS TV. Continued Public Hearing on a Proposed Local Law amending the Site Continued 14. Plan Code Ch. 79 and 98 of the Pelham Village Code to delegate the Planning Board authority to approve certain Site Plan applications. Continued Public Hearing on a proposed amendment to the Village Code Continued 15. Chapter 90-16 B. regarding creating Hardship Overnight Parking Exemption Permits for handicapped drivers. Business 8:45 p.m. 16. Resolution authorizing the sale of a surplus 1978 Seagrave Fire Engine Approved Pumper truck to the highest bidder. 17. Resolution authorizing the sale of a surplus 1925 American LaFrance Fire Approved Engine Pumper truck to the highest bidder. 18. Resolution authorizing the acceptance of a donation of three (3) elm trees Approved from the Doyle Family, on Corlies Avenue, to be planted as street trees. Taxes and Assessments 8:55 p.m. 19. Resolution adopting the 2008 Adjusted Base Proportions for the Village of Approved Pelham 2008 Final Assessment Roll. Housekeeping 9:00 p.m. 20. Authorizing mid-year budget transfers, as recommended by Finance Approved Director Shirley Brown. Authorizing the Accounts Payable Approved 21. 22. Other Business Approved Minutes: Approved 23. June 3 and June 17, 2008 June 3rd, July 15, 2008 June 17th August 5, 2008 and July September 9 and September 23, 2008 15th only 24. Adjournment Adjourned Next Scheduled Board Meetings are October 21, 2008 and Wednesday, November 5, and Tuesday, November 18, 2008. * All meetings start at 7:30 p.m. unless otherwise noted. The Agenda is subject to change. Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 2 VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, OCTOBER 7, 2008 – 7:30 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 7:30 p.m. The following members of the Board of Trustees were present: Mayor Edward Hotchkiss, Trustees Breskin, Lewis, Morris and Potocki. Trustees Homan and Weinstein were 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 – Oath of Office for new Firefighter Recruit Timothy Frusciante: Mayor Hotchkiss gave the Oath of Office to Firefighter Recruit Timothy Frusciante as a new paid member of the Pelham Fire Department. Item #4 – Mayor’s Report: Mayor Hotchkiss reported that he did some research on the current economic times and how they may affect Pelham. He discovered that potential changes in sales tax and property tax will not affect Pelham. Furthermore, he mentioned that village employee pension rates are stable and set for the next two years. Mayor Hotchkiss reported that Trustee Homan was not able to attend the board meeting because she is tending to her father who is sick. The board wished her and her father the best wishes for his improved health. Item #5 – Trustees’ Reports: Trustee Breskin had nothing to report that was not included on the agenda. Trustee Potocki reported that on Sunday, October 5, 2008 two (2) suspects were arrested for breaking into ten (10) vehicles. The suspects were apprehended due to a cooperative effort by the Pelham Police Department and the Pelham Manor Police Department. Trustee Lewis reported that he and Mayor Hotchkiss attended a round table discussion with the Pelham Junior League. Several topics were discussed including Wolfs Lane Park, the Farmer’s Market, flooding, and Earth Day Cleanup. Trustee Lewis mentioned that the Junior League is willing to help the village in any way it can. Trustee Morris reported that the 114th Fire Inspection is scheduled for Saturday, November 8th at 7 p.m. at the Firehouse, with the ceremony at the Wolfs Lane memorial at 6 p.m. Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 3 Item #6 – Village Administrator’s Report – including VOP Quarterly Financial Report: Village Administrator Richard Slingerland had nothing to report that was not included on the agenda. Item #7 – Public Comment: None. Item #8 – Open Spaces (Purchase of trash /recycling cans, benches, picnic tables & bike racks; business Façade improvements; Hank White): Village Administrator Richard Slingerland mentioned that the order for the trash/recycling cans and benches for Wolfs Lane funded by the Senator Klein Grant was being processed, and should be delivered soon. He mentioned that the Main Street Grant Project is moving along and businesses are starting to go before the ARB with their façade, sign and awning plans. Mr. Slingerland further mentioned the village is trying to set up a meeting with Hank White on October 18th to present preliminary plans for Wolfs Lane Park. Item #9 – Flooding (Westchester County Flood Action Task Force, Engineer Project Bid, DPW catch- basins mapping, etc.): Administrator Richard Slingerland reported his ongoing contact with Westchester County to aid us in developing a request for proposals (RFP) for engineering services on the stormwater system evaluation. The county agreed to help focus the specifications. Mayor Hotchkiss mentioned he is in constant contact with the Glenwood Lake Association about flood remediation projects that would benefit both the City of New Rochelle and Pelham. Item #10 – Environmental – (LED light status report): Mr. Slingerland reported there is no new information on LED lighting for the village since the last meeting. At the recommendation of Richard Ellenbogen, Trustee Potocki suggested that the village make sure the LED lights have lightning suppression. Mayor Hotchkiss reported that Pelham Manor is hosting an E-Waste Day at Spring Road in Pelham Manor on Saturday, October 10, 2008, which is open to all area residents. Mr. Slingerland reminded the Board and all residents the Village of Pelham picks up televisions and computer monitors every three weeks or so. Item #11 – Development (Site Plan Review Revision, Pelham Medical Group/Lordae, Commercial Zoning Review Committee): Trustee Greg Breskin reported that Pelham Medical Group has begun pouring concrete for the retention wall. Trustee Greg Breskin also reported that Lordae Realty has already started site cleanup. Lordae Realty still needs to get permits for structural steel work to take place. Item #12 – Human Resources & Administration, incl. Dept. Risk Assessments: Administrator Slingerland reported that the village is continuing to work on a village human resources manual and the village-wide risk assessment report. Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 4 Item #13 – Continued Public Hearing on a proposed draft Franchise Agreement between the Village and Verizon for FIOS TV: John Cassone of 312 7th Avenue mentioned that Cablevision will be moving from analog service to digital service, and after October 16th, residents who need a digital box will have to pay for it, but residents would be able to get one free until the 16 th. Mr. Cassone believes this is unfair and suggests that the village speak to Cablevision about this matter. Mr. Robert Hoch from Cablevision informed everyone that the demand for digital cable is very high, which is driving Cablevision’s decision to switch from analog service to digital service. He also mentioned that on or before October 16th, residents will be able to swap one analog box for one digital box free of charge. Mr. Slingerland said he would look into writing a letter to the Public Service Commission about this matter. Mayor Hotchkiss informed everyone that the hearing on Verizon’s franchise application for FIOS TV will be continued to the October 21st Board of Trustee meeting. On the motion of Trustee Lewis, seconded by Trustee Morris, the Board agreed to continue the hearing until October 21, 2008. Item #14 – Continued Public Hearing on a Proposed Local Law amending the Site Plan Code Ch. 79 and 98 of the Pelham Village Code to delegate the Planning Board authority to approve certain Site Plan applications: This topic was briefly discussed by the board. Mayor Hotchkiss informed everyone that the hearing will be continued to the October 21st Board of Trustee meeting. On the motion of Trustee Lewis, seconded by Trustee Morris, the Board agreed to continue the hearing until October 21, 2008. PUBLIC HEARING FOR THE CONSIDERATION OF AMENDMENTS TO THE VILLAGE CODE CHAPTERS 79 THE SITE PLAN CODE AND 98 THE ZONING CODE AND GRANTING THE PLANNING BOARD THE AUTHORITY TO APPROVE CERTAIN SITE PLAN APPLICATIONS RESOLVED, The Board of Trustees of the Village of Pelham hereby schedules a public hearing to be continued at 7:30 p.m. on Tuesday, September 23, 2008, and to Tuesday, October 7, 2008, in Village Hall at 195 Sparks Avenue, Pelham, NY, on a draft proposed Local Law that would amend the Code of the Village of Pelham, as follows: A local law to repeal Chapter 79, to adopt a new Chapter 79 Site Plan and to amend Chapter 98 to make it consistent with the new Chapter 79. Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 5 The Mayor and Board will retain approval for all new homes and all commercial site plan reviews, whether for new or amended commercial site plans. The Planning Board will take over the authority to review and approve all applicable residential additions and accessory structures, and will continue in an advisory capacity on all other site plan applications. A copy of the draft proposed Local Law is on file in the offices of the Village Clerk and may be viewed during normal business hours of 8 a.m. to 5 p.m., or an electronic copy may be obtained from the opening page of the Village’s website www.pelhamgov.com. By Order of the Mayor and Board of Trustees Terri Rouke, Village Clerk Richard Slingerland, Village Administrator/Deputy Clerk Note: Change recommended by the Building Inspector and the Administrator to 79-4, G. 2. __________________________________________________________________________ LOCAL LAW NUMBER OF 2008 A local law to repeal Chapter 79, to adopt a new Chapter 79 Site Plan and to amend Chapter 98 to make it consistent with the new Chapter 79 BE ENACTED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF PELHAM AS FOLLOWS: SECTION 1 Chapter 79 of the Code of the Village of Pelham is repealed, and the following new Chapter 79 Site Plan is adopted: Chapter 79, SITE PLAN APPROVAL § 79-1. Title. The chapter shall be known as "Chapter 79 Site Plan Approval of the Code of the Village of Pelham." § 79-2. Purpose. This chapter is enacted pursuant to the provisions of § 7-725a of the Village Law of the State of New York to ensure that proposed development and land use within the Village of Pelham will be harmonious with the existing or permitted use of contiguous land and of adjacent neighborhoods and Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 6 that proposed development takes into consideration public health, safety, welfare, comfort and convenience. § 79-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: APPROVAL AUTHORITY – The board with the authority to give final approval of a site plan. SITE PLAN -- A plan which shows a proposed development and/or use of land within the Village of Pelham. Such plan shall consist of a map or maps and supporting documentation as set forth in § 79-9 herein. § 79-4. Applicability. The types of development or use set forth below shall require site plan approval by the Village of Pelham as specified in §79-5: A. The erection of any building in a non-residential district B. The erection of any building for a principal use in a residential district C. The erection of any permitted accessory building which is located in a residential district and has a building area of more than 275 square feet. D. The enlargement of any residential building that results in the expansion of living space, as defined by the NYS Building Code, by more than 35% or 750 square feet. E. The substantial alteration or modification of land from its natural state, whether by regrading or the addition of structures other than buildings. F. Any change in the use or intensity of the use of premises which will require a modification of existing means of ingress or egress, parking or loading facilities, drainage, utilities, landscaping, screening or outdoor lighting unless the work performed is pursuant to a previously approved site plan that is still valid. Excluded from review under this Chapter are changes of signs, awnings, canopies, marquees and barber poles and the lighting thereof which are regulated by Chapter 77. G. Any alteration or modification of a building in a non-residential district with the following exceptions: 1. Work performed pursuant to a previously approved site plan that is still valid; 2. Repainting a previously painted exterior surface that is visible from the street with the same color; Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 7 3. Replacement of any window or door with one that has the same style, size and location; 4. Maintenance of an exterior surface of brick or stone work, stucco, steps or platforms, wood shingles, trim and other protective finishes, but not the replacement of exterior surface finishes that result in the change of the material of the exterior surface, of the finishes or of the design; and 5. Pointing of brick or stone work and measures to prevent the entry of water into a building that do not require covering any portion of the existing design features or the exterior surface materials. 6. Changes of signs, awnings, canopies, marquees and barber poles and the lighting thereof which must be approved by the Architectural Review Board pursuant to Chapter 77. H. Creation of a driveway. I. Installation of an in-ground pool § 79-5. Designation of the approval authority for site plans. A. The Planning Board shall be the approval authority for site plans for the types of development described in § 79-4C, D, E, H and I. B. The Board of Trustees shall be the approval authority for site plans for the types of development described in § 79-4A, B, F, and G. § 79-6. Standards for review; objectives. A. The Board of Trustees, Planning Board, all other Village Boards and agents, whether considering and approving applications or preparing recommendations and findings, shall take into consideration: (1) Public health, safety and general welfare; and (2) The comfort and convenience of the general public, of the residents or users of the proposed development, and of the immediate neighborhood. B. The Board of Trustees, Planning Board, all other Village Boards and agents shall also prescribe appropriate conditions and safeguards consistent with the general purpose and intent of this chapter and Chapter 98 of the Code of the Village of Pelham, and all other applicable law to achieve the following objectives: (1) That all proposed traffic access ways (a) Have sufficient, but not excessive, capacity; Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 8 (b) Are adequate in width, grade, alignment and visibility; (c) Are not located too near street corners or places of public assembly; (d) Are designed with due regard to other similar safety considerations; and (e) Are provided with all traffic safety devices needed for the protection of motorists, cyclists and pedestrians. (2). That the interior circulation system is adequate to provide safe access to all required off- street parking spaces, loading bays and building services. (3) That the locations of areas for play and other active use take into consideration the users’ safety and welfare. (4) That at all seasons of the year all playground, parking and service areas are reasonably screened from the view of adjacent residential lots and streets where such screening is necessary for the protection of such lots and streets and is practical; (5) That the general landscaping of the site is consistent with or superior to that of the neighborhood and will enhance the aesthetics of the abutting street or streets; (6) That all existing trees over eight inches in diameter, measured three feet above the base of the trunk, are retained to the maximum extent possible. (7) That all plazas and other paved areas use decorative pavements and/or plant materials so as to avoid the creation of vast expanses of pavement. (8) That all outdoor lighting is designed and placed to: (a). Harmonize with the character of the neighborhood; and (b) Limit, to the extent reasonable, the diffusion of glare onto adjoining properties and streets. (9) That the drainage and sewerage systems comply with all applicable law. Such compliance includes, but is not limited to, drainage and sewer systems that are adequate to accommodate any expected loads which include all runoff from the tributary watershed at full development under the existing zoning. This includes, when practical, on-site retention for rains up to 2 inches within a 24 hour period for all the increased impervious surfaces caused by the improvements. (10) That the planned development will include no illegal discharges or illicit connections to the village separate storm sewer system and complies with Chapter 57 of the Village of Pelham Code and all other applicable laws. Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 9 (11) That all proposed structures, equipment or materials will be readily accessible for fire protection and will not constitute a fire hazard to adjacent structures. (12) That the site plan and building design consider energy conservation. (13) That the site layout and overall appearance of buildings on the site will have no reasonably avoidable adverse impact on the established character, desirability, or value of the adjacent properties. (14) That the building designed is responsive to the design characteristics of the adjoining lots, other structures within 200 feet of the site or the Village as a whole, whichever is more appropriate. § 79-7. Procedure. All applications for site plan approval shall follow the following procedure: A. Presubmission conference to determine zoning compliance and contents of site plan and supporting information, (1) Prior to submitting a formal site plan, the applicant shall meet in a presubmission conference with the Building Inspector so that the Building Inspector can determine whether the proposed development complies with Chapter 98 of the Code of the Village of Pelham or whether the applicant must apply for a variance from the Zoning Board of Appeals. (2) After the Building Inspector determines that proposed development does not require a variance from the Zoning Board of Appeals or after the required variance from the Zoning Board of Appeals has been obtained, the Building Inspector will determine what information listed in § 79-9 must be included in the site plan application (a) If the applicant agrees with the Building Inspector’s determination of what information must be supplied to the Planning Board, then the applicant shall prepare the site plan and required supporting information. (b) If the applicant disagrees with the Building Inspector’s determination of what information must be provided with the site plan, then the applicant may apply to the Planning Board to review solely what information must be submitted with the site plan. (c) The Building Inspector or Planning Board may revise or waive the provisions of any of the required information listed in § 79-09. Such revisions or waivers may be granted only after a finding that: [1] Such requirement is inappropriate or unnecessary due to the Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 10 limited nature of the proposed development, special conditions particular to the site or the fact that strict compliance with such requirement will cause such unnecessary work, expense or hardship. [2] The granting of such revisions or waiver does not interfere with the accomplishment of the purposes and intent of this chapter nor have a detrimental effect on the public health, safety or general welfare. B. Submission. After the scope of the information required for submission of the site plan is determined, the applicant shall submit to the Building Inspector (1) A completed declaration of intent to develop form that is provided by the Village; (2) One copy of the site plan with related and supporting information; (3) The fee set by resolution of the Board of Trustees; and (4) Proof of notice to all property owners contiguous to the applicant's property, including those separated by a street. These notices must be hand-delivered or mailed by the applicant at least 10 days prior to the date of the scheduled consideration by the Planning Board. Proof of the notice will be an affidavit, or other proof of delivery, or proof of mailing, which must be provided by the applicant to the Village Clerk prior to the Planning Board meeting. C. Then the Building Inspector shall review the original or amended site plan to determine whether the architect has designed a structure that complies with all applicable laws. The Building Inspector shall also confirm that the application contains all the required elements set forth in § 79-9 which were not specifically waived by the Building Inspector or Planning Board. If the Building Inspector finds that the application is incomplete or fails to comply with all applicable requirements, within 15 working days of its receipt, he shall return the application to the applicant and indicate the specific deficiencies to be remedied. D Once the Building Inspector determines that the application is complete and complies with all applicable laws, an applicant will supply additional copies of the site plan and its supporting documentation. Applicants submitting a site plan for a type of development described in § 79- 4C, D, E, H or I must supply the Building Inspector with seven (7) complete copies of the site plan and its supporting documentation. Applicants submitting a site plan for a type of development described in § 79-4A, B, F, or G will supply the Building Inspector with fifteen (15) complete copies of the site plan and its supporting documentation. E. Delivery of completed site plans to the approval authority. In cases of site plans for development of the type described in § 79-4C, D, E, Hor I, the Building Inspector will forward the copies of the site plan and its supporting documentation to the Planning Board within five (5) working days from the time the Building Inspector receives the required number of completed plans. In cases of site plans for development described in § 79-4A, B, F, or G, the Building Inspector will forward the copies of the completed site plan and its supporting Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 11 documentation to the Planning Board and the Board of Trustees within five (5) working days from the time the Building Inspector receives the required number of completed plans. The date of submission of the site plan to the Board with approval authority shall be considered the official submission date. F. Upon receipt of the copies of the site plan, the Planning Board will forward the application to those Village Boards that it deems appropriate. The Building Inspector and any board to which the site plan is forwarded shall submit its written recommendations and findings to the Planning Board. Such recommendations and findings must consider the standards set forth in § 79-6, and be submitted to the Planning Board no later than 15 working days prior to any public hearing thereon or 60 working days following referral of the application if no public hearing shall be held thereon. G. Planning Board Review of Site Plans. (1) In cases of site plans for the types of development described in § 79-4C, D, E, H or I, the Planning Board shall approve, approve with conditions or disapprove any such site plan within 30 days following the close of the public hearing or if no hearing is held, within 60 days of the official submission date. These time periods may be extended with the consent of the applicant. In reviewing the application, the Planning Board shall request that the applicant make revisions which the Planning Board deems necessary to ensure that the proposed development will conform to the intent and requirements of this chapter. If the Planning Board disapproves the application, within 10 days of its decision it shall give the applicant a written decision setting forth the reasons for the disapproval and deliver a copy of the decision to the Building Inspector for the permanent building file. (2) In cases of site plans for the types of development described in § 79-4A, B, F or G, the Planning Board shall submit its written recommendations and finding as well as the written recommendations and findings of the Building Inspector and any other village boards, to the Board of Trustees. Such recommendations and finding must consider the standards set forth in § 79-6, and be submitted to the Board of Trustees no later than 15 working days prior to any public hearing thereon or 60 working days following referral of the application if no public hearing shall be held thereon. H. 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 the Board holding the public hearing. 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. I. The Board of Trustees shall approve, approve with conditions or disapprove any such site plan within 30 days following the close of the public hearing or if no hearing is held, within 60 days of the official submission date. These time periods may be extended with the consent of the Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 12 applicant. In reviewing the application, the Board of Trustees shall request that the applicant make revisions which the Board of Trustees deems necessary to ensure that the proposed development will conform to the intent and requirements of this chapter. If the Board of Trustees disapproves the application, within 10 working days of its decision, it shall give the applicant a written decision setting forth the reasons for the disapproval and deliver a copy of the decision to the Building Inspector for the permanent building file and an additional copy to the Planning Board. If, after its review, the Planning Board unanimously recommended disapproval of the submitted plan, to approve the site plan the Board of Trustees must vote by at least a majority plus one to approve the plan. J. An application for an amendment to a previously approved site plan shall be acted upon in the same manner as the application for approval of the original site plan. K. Performance bond. (1) Following approval of the site plan by the approval authority, in addition to any other fees required by the Village of Pelham, the applicant shall file with the Village Clerk a performance bond in which the Village is named as obligee in an amount set by the Building Inspector sufficient to cover the full cost of all required work, planting, and improvements. If the value of the work, planting, and improvements required in the final site plan approved by the Board of Trustees is less than $10,000, the Building Inspector, with the concurrence of approval authority, may waive the bonding requirements. (2) A performance bond shall be in a form satisfactory to the Village Attorney and may be in the form of surety company bonds. The performance bond may be required to cover any work specified in the site plan, including but not limited to, stormwater drainage systems; streets and lighting; off-street parking and loading areas; means of vehicular access and egress to and from the site onto public streets; recreation areas, including playgrounds; garbage collection stations; fire alarm systems; proposed screening and landscaping; and at the discretion of the approval authority, the planting and maintenance of such screening and landscaping for a minimum of one year and a maximum of three years. Said bonds shall be conditioned upon the property owner or developer completing all the work set forth on the approved site plan in a matter satisfactory to the Building Inspector and upon the proper functioning of all work for a period of one year following its completion. (3) In case of default, the performance bond shall be forfeited to the Village, and the Village shall use the proceeds to do any or all of the following: to complete any incomplete portions of the required work, planting and improvements, to make repairs or corrections necessary to ensure the proper functioning of the work and improvements, and to maintain the required plantings. Any moneys in excess of that necessary for completing, repairing, and/or correcting such work and/or maintaining said plantings will be returned to the surety. Said surety bond may be reduced by the Building Inspector upon certification to the approval authority that one or more of the particular items required by the approval authority has been satisfactorily completed, Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 13 and is functioning properly and that in its reduced amount the bond is sufficient to cover the full cost of the remainder of the required work, planting and improvements. (4) The installation of all required improvements shall be under the direct supervision of a registered architect or licensed engineer, unless this requirement is waived in writing by the Building Inspector. § 79-8. Time limit on validity of approval. Unless a building permit is obtained within 120 days of the date of approval of the site plan, such approval shall become null and void. Upon application and for good reason shown, the approval authority may extend the validity of the approval by no more than two consecutive one-hundred- twenty-day periods from the date of original approval. § 79-9. Submission requirements. The information to be submitted and which, in total, constitutes a site plan, is listed below. All maps must be at a scale of not less than 30 feet to the inch. A. Legal data. (1) The lot, block, section number, street, street number of the property and the names of all owners of record of adjacent properties located within 200 feet of the extreme limits of the subject property, all as shown on the Village's official assessment maps. (2) A current survey of the boundaries of the property tied to at least two permanent monuments not less than 300 feet apart showing all lengths in feet and decimals of a foot and all angles given to the nearest minute or closer if deemed necessary by the surveyor so that the error of closure will not exceed 1:10,000. (3) The location of all required building or setback lines and lines of existing streets and lots as shown on the Village's official assessment maps. Any relevant existing deed restrictions or covenants, reservations, easements and areas dedicated to public use, if known, shall be noted. (4) A map showing the area within 500 feet from the perimeter of the site, at a scale of not more than 50 feet to the inch, showing: (a) Existing zoning and special district boundaries; and (b) Location of traffic safety devices and directional flow of traffic. (5) The location of all existing structures on the subject lot and on all lots having a common boundary therewith. Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 14 (6) A copy of any proposed covenants or deed restrictions that are intended to cover all or any part of the tract. (7) Location of existing water mains, culverts and drains on or serving the property, with pipe sizes, grades and direction of flow. B. Topographic data. (1) Existing contours and proposed grade elevations at intervals of two feet or less, referred to a datum satisfactory to the Board, showing retaining walls, if any, and methods to be used to retain, stabilize or replant regraded areas. (2) Location of existing watercourses, wetland areas, intermittent streams, wooded areas, rock outcrops, single trees with a diameter of eight inches or more, measured three feet above the base of the trunk, and other significant existing features. C. Development data. (1) Title of development, date, North point, scale, name and address of record owner or owner or of the individuals holding the controlling interest if the owner is a corporation; and the name and address of the engineer, architect, land planner or surveyor preparing the site plan. (2) The proposed use or uses of land and buildings and location, height and design of all existing and proposed buildings. Any proposed subdivision of the property and any division of any building or structure into units of separate occupancy shall also be shown. (3) All means of vehicular ingress and egress to and from the site onto public streets and the location of all existing and proposed public and private roads, drives and walkways on the site. (4) The location and layout of all proposed off-street parking and loading areas. (5) The location and intended use of any proposed outdoor storage area. (6) The proposed method of storage and disposal of solid waste. (7) The size and location of all proposed waterlines, valves and hydrants and all sewer lines or of alternative means of water supply and sewage disposal and treatment. (8) The location, direction, intensity and time of operation of proposed outdoor lighting. (9) The location, dimensions and design of all existing and proposed signs. Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 15 (10) A planting plan, prepared by a qualified landscape architect, showing all existing and proposed screening and landscaping, fences or dividers. (11) The proposed stormwater drainage system and associated calculations, prepared by a licensed professional engineer and furnished under his seal. (12) Any proposed easements and public areas. (13) Building materials to be used on all structures and landscaping. (14) Current photographs of the site showing adjacent properties. (15) Elevation of adjacent properties. (16) The construction schedule, staging information, mechanical equipment to be used, and screening for the construction site. D. Financial data. (1) Current taxes on the site. (2) Proposed taxes after site improvement. (3) Current employment and/or occupancy on the improved site. (4) Projected employment and/or occupancy on the improved site. § 79-10. Conflict with other Village laws. In the event that this chapter conflicts or is inconsistent with any other Village law, the more comprehensive or strict requirements shall apply. § 79-11. Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this chapter. SECTION 2. Section 98-4 of the Code of the Village of Pelham is repealed, and the following new Section 98-4 is adopted: § 98-4. Site plan approval required. Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 16 In addition to complying with all the provisions of this chapter, the types of development or use set forth below shall require site plan approval by the Village of Pelham in accordance with Chapter 79 of the Code of the Village of Pelham: A. The erection of any building in a non-residential district. B. The erection of any building for a principal use in a residential district C. The erection of any permitted accessory building which is located in a residential district and has a building area of more than 275 square feet. D. The enlargement of any residential building that results in the expansion of living space, as defined by the NYS Building Code, by more than 35% or 750 square feet.. E. The substantial alteration or modification of land from its natural state, whether by regrading or the addition of structures other than buildings. F. Any change in the use or intensity of the use of premises which will require a modification of existing means of ingress or egress, parking or loading facilities, drainage, utilities, landscaping, screening or outdoor lighting unless the work is performed pursuant to a previously approved site plan that is still valid. Excluded from review under this Chapter are changes of signs, awnings, canopies, marquees and barber poles and the lighting thereof which are regulated by Chapter 77. G. Any alteration or modification of a building in a non-residential district with the following exceptions: 1. Work performed pursuant to a previously approved site plan that is still valid; 2. Repainting of a previously painted exterior surface; 3. Replacement of any window or door with one that has the same style, size and location; 4. Maintenance of an exterior surface of brick or stone work, stucco, steps or platforms, wood shingles, trim and other protective finishes, but not the replacement of exterior surface finishes that result in change of the material of the exterior surface, of the finishes or of the design; and 5. Pointing of brick or stone work and measures to prevent the entry of water into a building that do not require covering any portion of the existing design features or the exterior surface materials. 5. Changes of signs, awnings, canopies, marquees and barber poles and the lighting thereof which must be approved by the Architectural Review Board pursuant to Chapter 77. H. Creation of a driveway. Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 17 I. Installation of an in-ground pool. SECTION 3. Effective Date This Local Law shall take effect immediately upon filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Item #15– Continued Public Hearing on a proposed amendment to the Village Code Chapter 90-16 B. regarding creating Hardship Overnight Parking Exemption Permits for handicapped drivers: Edie Conlon of 105 5th Avenue asked the board to explain the details of the proposed amendment to the Village Code Chapter 90-16. Mayor Hotchkiss informed everyone that the amendment will state that everyone who has already has a handicap parking permit will now have to come in to get a new permit in order to park on the street overnight. Each application would be reviewed, and the need evaluated based on handicap, not on a need for parking. David Monahan of 312 6th Avenue stated that the amendment is important. He expressed that he hopes the village will enforce the amendment once it is made part of the village code. Mr. Monahan mentioned that overnight parking on his block is out of control. He recommended to the board that the Police Department enforce the No Overnight Parking rules and the 2 hour parking on 6th Avenue. John Cassone of 312 7th Avenue commented he feels that sections A3 and C1 of the proposed local law are contradictory. He also mentioned that the line that references the Town of Pelham should be removed from section C1A and scoff law provisions should be added to section E5. A motion was made by Trustee Lewis, with a second by Trustee Potocki to continue the hearing. The motion was approved unanimously by vote of five in favor, none opposed. Trustees Homan and Weinstein were absent. Continued Public Hearing on a proposed amendment to the Village Code Chapter 90-16 B. regarding overnight parking for drivers who have handicapped parking permits. PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE VILLAGE CODE CHAPTER 90-16 B. REGARDING OVERNIGHT PARKING FOR RESIDENTS WHO HAVE HANDICAPPED PARKING PERMITS. The Board of Trustees of the Village of Pelham hereby schedules a public hearing to be continued at 7:30 p.m. on Tuesday, September 23, 2008, in Village Hall at 195 Sparks Avenue, Pelham, NY, on a draft proposed Local Law that would amend the Code of the Village of Pelham, as follows: A LOCAL LAW that amends Section 90-16 of the Code of the Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 18 Village of Pelham to amend the Code with regard to overnight parking for residents who have handicapped parking permits. A copy of the draft proposed Local Law is on file in the offices of the Village Clerk and may be viewed during normal business hours of 8 a.m. to 5 p.m., or an electronic copy may be obtained from the opening page of the Village’s website www.pelhamgov.com. By Order of the Mayor and Board of Trustees Terri Rouke, Village Clerk Richard Slingerland, Village Administrator/Deputy Clerk Original Publication date: August 8, 2008 __________________________________________________________________________ LOCAL LAW NUMBER OF 2008 A local law to repeal Section 90-16 and to adopt a new Section 90-16 regarding overnight on-street parking BE ENACTED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF PELHAM AS FOLLOWS: SECTION 1 Section 90-16 of the Code of the Village of Pelham is repealed, and the following new Section 90-16 is adopted: § 90-16. Restrictions on parking motor vehicles overnight on the streets. A. The Board of Trustees of the Village of Pelham has determined that: 1, Parking motor vehicles overnight on the streets within the Village of Pelham hinders governmental operations, including but not limited to cleaning and sweeping streets, removing snow and ice from the roadways, locating and identifying stolen or abandoned vehicles, and protecting residents and their property. 2. Many buildings located in the Village are old and were constructed without providing adequate off-street parking facilities for the users of the property; 3. The owner of a premises is responsible for providing adequate off-street parking facilities for the users of the premises; Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 19 4. The complete and absolute prohibition of overnight parking on the streets within the Village may create an extreme hardship to some owners and/or operators of motor vehicles. 5. A partial prohibition of overnight parking with a narrow exception for hardship will allow the Village to perform its governmental functions and provide relief to those who would otherwise suffer undue hardship. B. It is prohibited to park motor vehicles on the streets within the Village of Pelham between the hours of 2:00 a.m. and 6:00 a.m. except as set forth below: 1. All-night parking of passenger vehicles is permitted at those locations which the Village Board of Trustees has specifically authorized for that purpose. 2. Parking at the long-term parking meters on First Street east of Wolf’s Lane is only prohibited between the hours of 2:00 a.m. and 5:00 a.m. 3. An individual who has been granted a Hardship Overnight Parking Exemption (HOPE) may park on the street overnight. C. A HOPE will be granted if: 1. No driveway or parking area is provided on the premises, and there is no area on the premises where a driveway or parking area can be constructed by the owner, and a. The applicant is disabled, cannot walk to the nearest municipal lot, and either owns a motor vehicle registered pursuant to § 404-a of the Vehicle and Traffic Law of New York State or holds a valid permanent or temporary handicapped parking permit pursuant to § 1203-a of the Vehicle and Traffic Law of New York State; or D. A temporary HOPE is available to the owner or operator of a motor vehicle who has a temporary need to park a motor vehicle at a premises where no parking is provided or available. A temporary HOPE allows the holder to park a passenger motor vehicle overnight on the street at a specific address for a maximum of five consecutive nights, provided that the applicant is not a regular occupant or user of such premises. A temporary HOPE may be obtained from the Police Department, which shall obtain the name and address of the applicant, license plate number of the vehicle to be parked on the street overnight and the address of the premises near which the vehicle will be parked. A temporary HOPE granted pursuant to this subsection shall not be renewable or granted to the same applicant or vehicle for a period of one month from the date of the expiration of the temporary HOPE . E. No HOPE shall be granted to: 1. Any vehicle with a gross weight of 5,000 pounds or more; Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 20 2. Any commercial vehicle. 3 Any tractor or trailer. 4. Any vehicle used primarily for livery or commercial purposes. 5. Any vehicle for which there are three or more outstanding unanswered parking summonses issued by the Village of Pelham. F. Procedure to apply for a Hardship Overnight Parking Exemption (HOPE) 1. An applicant for a HOPE shall obtain the application form from the Village, submit to the Village Clerk a completed application form and the nonrefundable administrative fee to be set by resolution of the Board of Trustees. 2. The Village Clerk shall process the HOPE application and investigate whether the applicant meets the requirements for a HOPE. If so, the Village Clerk will issue a HOPE that will be valid until the end of the calendar year. The permit will cover one vehicle owned or operated by the applicant and is to be parked at a specific address. No more than one HOPE will be issued to any dwelling unit. Any appeals of the Village Clerk’s decision will be heard and decided by the Village Administrator. G. To renew the HOPE the applicant must submit an updated application form and pay the annual renewal fee set by resolution of the Board of Trustees. H. A HOPE will terminate if the updated application form is not submitted, and/or if the renewal fee is not paid, or upon the sale or transfer of the title of such vehicle, the suspension or revocation of the applicant’s driver’s license or vehicle registration, or the cancellation of insurance for the vehicle. The HOPE will also terminate if any of the facts set forth in the application change materially, and the changed circumstances no longer satisfy the requirements for a HOPE. I.. Whenever the vehicle is parked on the street overnight, the HOPE permit must be displayed conspicuously in the applicant’s vehicle so that it is easily visible through the front windshield. SECTION 2. Effective Date This Local Law shall take effect immediately upon filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. RESOLUTION SETTING HANDICAPPED OVERNIGHT PARKING PERMIT RATE AT $25 PER CALENDAR YEAR RESOLVED, by the Board of Trustees of the Village of Pelham, that the handicapped overnight parking permit rate is established at twenty-five dollars ($25) per calendar year. Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 21 Item #16– Resolution authorizing the sale of a surplus 1978 Seagrave Fire Engine Pumper truck to the highest bidder: A motion was made by Trustee Breskin, with a second by Trustee Morris to adopt the resolution. The motion was approved unanimously by vote of five in favor, none opposed. Trustees Homan and Weinstein were absent. RESOLUTION AUTHORIZING THE AWARD AND SALE OF FIRE DEPARTMENT SURPLUS FIRE TRUCK – 1978 SEAGRAVE FIRE ENGINE TO THE HIGHEST RESPONSIBLE BIDDER WHEREAS, the 1978 Seagrave Fire Engine Pumper Truck owned by the Village of Pelham was declared surplus and available for sale on April 22, 2008; and WHEREAS, this vehicle was advertised for sale on June 6, 2008, again on August 22, 2008, in the Gannett Westchester classifieds. It was also listed state-wide on the New York Conference of Mayor’s website, on the Firetec Apparatus Sales website, and in the Pelham Weekly. WHEREAS, during the advertisement period, three (3) proposals were submitted for the 1978 Seagrave Fire Engine Pumper Truck, which are as follows: Northeast Fire Brokers, Avon, CT $5,000 Devino Used Trucks, Newark, NJ $2,100 Brookfield Auto Wreckers, Elmsford, NY $2,000 AND, WHEREAS, with a broker fee of $500 required to Northeast Fire Brokers for their buyer, the amount of revenue to the Village of Pelham at $4,500 is still the highest bidder. BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the award and sale of the 1978 Seagrave Fire Engine Pumper Truck as surplus to a buyer put forth by Northeast Fire Brokers of Avon, CT in the amount of five thousand dollars ($5,000), with a broker’s fee of five hundred dollars ($500) payable to Northeast Fire Brokers of Avon, CT; and BE IT FURTHER RESOLVED, that the Mayor and the Village Administrator and all other appropriate officials are authorized to take the necessary and appropriate actions to sell this vehicle. Item #17– Resolution authorizing the sale of a surplus 1925 American LaFrance Fire Engine Pumper truck to the highest bidder: A motion was made by Trustee Breskin, with a second by Trustee Lewis to adopt the resolution. The motion was approved unanimously by vote of five in favor, none opposed. Trustees Homan and Weinstein were absent. Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 22 RESOLUTION AUTHORIZING THE AWARD AND SALE OF FIRE DEPARTMENT SURPLUS FIRE TRUCK – 1925 AMERICAN LAFRANCE FIRE ENGINE (EAGLE 6) TO THE HIGHEST RESPONSIBLE BIDDER WHEREAS, the 1925 American LaFrance Fire Engine Pumper Truck, also known as Eagle 6, owned by the Village of Pelham was declared surplus and available for sale on April 22, 2008; and WHEREAS, this vehicle was advertised for sale on June 6, 2008, again on August 18, 2008, in the Gannett Westchester classifieds. It was also listed on several antique fire apparatus websites, including Society for the Preservation & Appreciation of Antique Motor Fire Apparatus in America, also known as SPAAMFA; and WHEREAS, during the advertisement period at least eight (8) entities and individuals were contacted, who had expressed interest in the truck; and WHEREAS, during the advertisement period, at which the truck was advertised with a base bid requirement of $25,000, only one (1) entity submitted a bid at an acceptable level, with two prior bids as follows: Dan Evans, of Evans Newspaper Publishers of Perry, GA $27,500 David Helms of central PA No bid William Baron, Grand Isle, VT $15,000 BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the award and sale of the 1925 American LaFrance Fire Engine Pumper Truck as surplus to Dan Evans of Perry, GA, in the amount of twenty seven thousand five hundred dollars ($27,500); and BE IT FURTHER RESOLVED, that the Mayor and the Village Administrator and all other appropriate officials are authorized to take the necessary and appropriate actions to sell this vehicle. Item #18– Resolution authorizing the acceptance of a donation of three (3) elm trees from the Doyle Family, on Corlies Avenue, to be planted as street trees: 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 five in favor, none opposed. Trustees Homan and Weinstein were absent. RESOLUTION AUTHORIZING THE ACCEPTANCE OF A DONATION OF THREE (3) PRINCETON ELM TREES FROM THE DOYLE FAMILY Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 23 TO BE PLANTED AS STREET TREES ON CORLIES AVENUE BE IT RESOLVED, that the Board of Trustees of the Village of Pelham authorize the acceptance of a donation by the Doyle family on Corlies Avenue of three (3) Princeton Elm trees, valued at seven hundred dollars ($700) each, at twelve to fifteen feet (12’-15’) in height, and three to four inches (3”- 4”) in caliper, to be planted as street trees along Corlies Avenue, with thanks to the Doyle family for their contribution to the Village of Pelham community. Item #19– Resolution adopting the 2008 Adjusted Base Proportions for the Village of Pelham 2008 Final Assessment Roll: A motion was made by Trustee Breskin, with a second by Trustee Morris to adopt the resolution. The motion was approved unanimously by vote of five in favor, none opposed. Trustees Homan and Weinstein were absent. RESOLUTION ADOPTING THE 2008 ADJUSTED BASE ASSESSMENT PROPORTIONS FOR THE VILLAGE OF PELHAM 2008 FINAL ASSESSMENT ROLL BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby adopts the 2008 Adjusted Base Proportions using the 2008 Final Assessment Roll for the Village of Pelham on the request and recommendation of the Assessor, at the rates of 84.924970 for Homestead, and 15.075030 for Non-Homestead; and BE IT FURTHER RESOLVED the Mayor, Village Administrator/Treasurer and the Assessor are authorized to take the necessary and appropriate steps to effect this action. Item #20– Authorizing mid-year budget transfers, as recommended by Finance Director Shirley Brown: A motion was made by Trustee Breskin, with a second by Trustee Lewis to adopt the resolution. The motion was approved unanimously by vote of five in favor, none opposed. Trustees Homan and Weinstein were absent. RESOLUTION Re: Mid-Year Budget Transfers for Fiscal Year 2008-09 Whereas, pursuant to the provisions of Section 5-520 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 Whereas, during the course of the fiscal year, it is necessary from time to time to make modifications to the areas in the budget that have insufficient appropriations based on actual results of operations, and Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 24 Whereas, 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 Resolved, that pursuant to Village Law Section 5-520, the Board of Trustees hereby authorizes and directs the proper Village officers to modify the 2008-09 Budget by making the following transfers: 2008/09 Budget Transfers as of October 1, 2008 traffic signal -sanford H9901 transfer to general fund $ 1,011 H5900.400 blvd $ 1,011 H5110.203 chips $16,724 H3501 state aid chips $16,724 H3120.204 police tactical equipt $ 1,300 H2075 gifts and donations $ 1,300 GENERAL FUND A2701 refund of prior yrs $ 1,011 A2830 transfer from capt.prj $ 1,011 A2680 insurance recoveries $ 5,099 A1640.451 vehicle repairs $ 5,099 A3410.121 fire training overtime $10,000 A3410.201 fire - equipt $ 9,550 A4000 approp fund balance $19,550 (As per 1/8/08 Village Bd Resolution for FEMA fire truck) A1410.107 part time salaries $ 550 A1410.408 records management $ 550 A1950.107 p/t sal.web site $ 2,640 A1950.1952 web site design $ 2,500 A1950.950 taxes, village property $ 140 TOTAL $47,885 TOTAL $47,885 Item #21– Authorizing the Accounts Payable: A motion was made by Trustee Morris, with a second by Trustee Potocki to adopt the resolution. The motion was approved unanimously by vote of five in favor, none opposed. Trustees Homan and Weinstein were absent. 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: Fund Name: Amount General Fund $ 122,423.60 Water Fund $ 47,145.82 Capital Projects Fund $ 26,428.08 Board Of Trustees Meeting Minutes Tuesday October 7, 2008 Page 25 Trust and Agency Fund $ 4,130.00 H3 Fund $ 0.00 Grand Total $ 200,127.50 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Item #22– Other Business: Trustee Potocki asked for an update on the pedestrian signs for Boulevard. Administrator Slingerland responding stated that they were ordered weeks ago, and should be delivered soon. He mentioned that the last item the Village is waiting for is the bases. Trustee Breskin discussed the 2 hour parking situation on Monterey Avenue. He mentioned that 3 to 4 cars park all day on the 200 block of Monterey Avenue. Item #23– Minutes: June 3 and June 17, 2008, July 15, 2008, August 5, 2008, September 9, 2008, September 23, 2008: The minutes from August 5th and September 9th were tabled; September 23rd had not yet been circulated. A motion was made by Trustee Breskin, with a second by Trustee Morris to approve the June 3rd, June 17th, and July 15th minutes only. The motion was approved unanimously by vote of five in favor, none opposed, Trustees Homan and Weinstein absent. Item #24– Adjournment: On the motion of Trustee Potocki, seconded by Trustee Morris, the Board voted to adjourn the board meeting at 8:50 p.m. The motion was approved unanimously by vote of five in favor, none opposed. Trustees Homan and Weinstein were absent. Respectfully submitted, Devron Wilson, Administrative Aide Richard Slingerland, Administrator/Deputy Clerk