Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, MARCH 6, 2012, 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 Starting Time # Agenda Items: of Discussion Non-Recurring Items 7:40 p.m. 7. Resolution Authorizing a Local Law on Property Tax Cap Override Tabled 8. Analysis of Parking for Lot 1 and Lot 7 Discussed 9. Authorization to Approve Survey Services for Capital Projects: 1) Approved #2012-1 7th Avenue; 2) #2012-2 Wolfs Lane Park; and 3) #2012-2 3rd Street 10. Resolution to Approve the Terms of the Consent Award Settlement Approved Agreement between the Village and the Pelham Professional Firefighters Association Committee and Community Liaison Reports 8:30 p.m. 11. Commercial Zoning Review Discussed 12. Site Plan Review Discussed 13. B & W Site Discussed 14. Employee Benefits/HR Manual Discussed 15. Tree Committee None 16. Park Improvements Discussed 17. Development (including 3rd Street RFP) Discussed 18. Parking Discussed 19. KVS Accounting Software Implementation Discussed 20. Updating Building Code Discussed 21. Replacing Televising Video Equipment Discussed 22. Other Business Discussed Recurring Items 9:00 p.m. 23. Authorizing Accounts Payable Approved 24. Authorizing Minutes of: January 17, 2012 Approved 25. Adjournment to Executive Session 9:30 p.m. Next Scheduled Board Meetings are: Wednesday, March 21, 2012 (Call for Budget Hearing) Tuesday April 10, 2012, (Annual Organizational Meeting) All meetings start at 7:30 p.m. unless otherwise noted. * The Agenda is subject to change. 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. Board of Trustees Meeting Tuesday, March 6, 2012 The following members of the Board of Trustees were present: Mayor Hotchkiss, Trustees Lewis, McGoldrick, and Morris The following members of the Board of Trustees were absent: Trustees Marciona, Marty, and Mohan Village staff in attendance: Village Administrator Robert Yamuder, Secretary to the Village Administrator Peter Bonington Item #2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Hotchkiss. Reports: Mayor Hotchkiss’s Report- Mayor Hotchkiss reported that the Dormitory Authority recently returned the executed contract documents for the Community Capital Assistance Program (CCAP) grant. This grant is for a $100,000 reimbursement for the renovations performed on the First Street Parking Lot (Lot #1). He said he hopes the funds will be submitted to the Village in the coming weeks. Trustees Reports: Trustee Lewis- None Trustee Marciona- Absent Trustee Marty- Absent Trustee McGoldrick- Page 2 Board of Trustees Meeting Tuesday, March 6, 2012 None Trustee Mohan- Absent Trustee Morris- None Village Administrator’s Report- Administrator Robert Yamuder reported that the Village has installed new audio and visual equipment using the funds from the Verizon P.E.G. grant. He said the Village is still planning on purchasing a new digital broadcast server with the remaining funds. The Administrator stated the Village underwent an Environmental Protection Agency (EPA) audit. He said these audits are done at random by the EPA and the Village passed the audit with minimal comments. Administrator Yamuder finished his report by saying the muni-meters that have been installed at municipal lots #1 and #7. He said the DPW and Parking Enforcement Officers (PEO’s) will be getting trained on how to use them for credit and coin deposit. Item #6– Public Comment- None Item #7–Resolution Authorizing a Local Law on Property Tax Cap Override Mayor Hotchkiss stated the Board is still reviewing this decision to enact this local law which will allow the Village to override the 2% tax cap. The Board decided to table this resolution until a later meeting. Resolution Village Of Pelham, NY On A Draft Proposed Local Law On Property Tax Cap Override Be it enacted by the Mayor and Board of the Village of Pelham as follows: Page 3 Board of Trustees Meeting Tuesday, March 6, 2012 A Local Law to override the tax levy limit established in General Municipal Law 3-c Local Law No. 2-2012 Village Of Pelham Section 1. Legislative Intent It is the intent of this Local Law to override the limit on the amount of the real property taxes that may be levied by the Village of Pelham within the Village of Pelham pursuant to General Municipal Law §3-c. It is the determination of the Village of Pelham Board that to meet the dates by which the Fiscal Year 2012-13 budget must by State law be adopted, the Village Board of the Village of Pelham requires the flexibility which this Local Law would provide. Thus, it is in the best interests of the Village of Pelham and its residents, that the within Local Law be enacted. Section 2. Authority This Local Law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Village Board to override the tax cap for the Village of Pelham by the adoption of a local law approved by vote of sixty percent (60%) of the Village Board. Section 3. Tax Levy Limit Override The Village Board of the Village of Pelham, County of Westchester, is hereby authorized to adopt a budget for the Village of Pelham for the Fiscal Year 2012-13 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjudicated by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the reminder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or Page 4 Board of Trustees Meeting Tuesday, March 6, 2012 corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State. Item #8– Analysis of Parking for Lot 1 and Lot 7 Administrator Yamuder stated the Village has been advertizing the spaces available at municipal lots #1 and #7 in local papers in both New Rochelle and Mount Vernon. He said there is a posting on the Village website which tells commuters how to apply for these spaces. The Administrator reported neither lot has completely filled up at this time and there are spaces still available. He said Village employees have reported that fewer commuters are parking on Harmon Avenue and First Street by the 12-hour meters in the weeks after the increase to the parking meter fees. Trustee Lewis asked if there was a way to count the cars throughout the day. Administrator Yamuder stated that up to this time the Village has been performing daily observations as employees are out and about in the Village. He said, however, that the Village could look into a more methodized way of determining the number of cars throughout the day. Trustee Morris asked if the signage in the Village is consistent in terms of design. Administrator Yamuder said the signs throughout the Village are uniform for all municipal lots and parking areas. Mayor Hotchkiss stated the Village should direct as much commuter traffic as possible to the 12-hour parking areas. Trustee Lewis suggested a map on the Village website showing the commuter parking lots and areas. Item #9–Authorization to Approve Survey Services for Capital Projects: 1) #2012-1 7th Avenue; 2) #2012-2 Wolfs Lane Park; and 3) #2012-3 3rd Street Mayor Hotchkiss stated the Village has three projects which require a survey to move forward. He asked the Administrator to explain the projects. Administrator Yamuder stated of the three projects the Village recently bid out Contract #2012-01 is for a section of 7th Avenue between 6th Street and 7th Street for the purposes of applying for the CDBG grant. Contract #2012-02 is for a section of Wolfs Lane Park in order to assist Hank White Landscape Architects with their proposed designs. Contract #2012-03 is for the EPA project on 3rd Street for installing the storm-water runoff pipe. Administrator Yamuder said the bid documents were sent out to twelve different surveying companies and received seven responses. He stated Scott T. Chamberlain, L.S. was the lowest qualified bidder for Contract #2012-01 at $2,400. Thomas C. Merritts Land Surveyor’s was the lowest qualified for Page 5 Board of Trustees Meeting Tuesday, March 6, 2012 Contract #2012-02 at $4,800. He said Scott T. Chamberlain, L.S. was the lowest qualified for Contract #2012-03 as well at $2,700. The Administrator said all of these bidders are qualified and recommended to the Board that they approve these contracts with the lowest qualified bidders as the surveyors for the projects. 1) #2012-01 (7th Avenue) A motion was made by Trustee McGoldrick and seconded by Trustee Lewis to adopt the resolution for Contract 2012-01. The vote was approved by a vote of four in favor, none opposed. Trustees Marciona, Marty, and Mohan were absent. 2) #2012-2 Wolfs Lane Park A motion was made by Trustee Morris and seconded by Trustee McGoldrick to adopt the resolution for Contract 2012-02. The vote was approved by a vote of four in favor, none opposed. Trustees Marciona, Marty, and Mohan were absent. 3) #2012-3 3rd Street A motion was made by Trustee Lewis and seconded by Trustee Morris to adopt the resolution for Contract 2012-03. The vote was approved by a vote of four in favor, none opposed. Trustees Marciona, Marty, and Mohan were absent. RESOLUTION Authorizing the Award of Contract #2012-1 7th Avenue- Survey Services for Capital Projects WHEREAS, the Village Of Pelham issued a Notice to Bidders and Request For Bids for Contract No. 2012-1 7th Avenue-Survey Services for Capital Projects-Related to Sidewalk Repairs; and WHEREAS, Twelve (12) companies were contacted and sent copies of the contract documents, or picked up copies of the contract documents at Village Hall; and WHEREAS, at 11 a.m. E.S.T., Thursday, March 1, 2012, the Village of Pelham publicly opened and read Seven (7) proposals; and WHEREAS, on reviewing the proposals, the following is a list of the proposals, as follows: Company Location Total Base Bid Scott Chamberlain Yorktown Heights, NY $2,400.00 Aristotle Bournazos, P.C. New Rochelle, NY $3,900.00 Tectonic Engineering & Surveying Elmsford, NY $4,100.00 Link Land Surveyors Mahopac, NY $5,275.00 Page 6 Board of Trustees Meeting Tuesday, March 6, 2012 John Meyer Consulting Armonk, NY $5,500.00 Ward Carpenter Engineers White Plains, NY $6,320.00 Thomas C. Merritts Surveyors Pleasantville, NY $7,500.00 AND WHEREAS, Village Administrator Robert Yamuder has reviewed the bids and determined that the lowest responsible bid that meets requirements is Scott Chamberlain, Yorktown Heights, NY; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Pelham Village hereby awards Contract No. 2010-1-Seventh Avenue Survey to Scott Chamberlain, at the total bid price for this contract in the amount of two thousand four hundred dollars, ($2,400.00) as stated above; and be it FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to sign, execute and award this contract for these services. RESOLUTION Authorizing the Award of Contract #2012-2 Wolfs Lane Park - Survey Services for Capital Projects WHEREAS, the Village Of Pelham issued a Notice to Bidders and Request For Bids for Contract No. 2012-2 Wolfs Lane Park -Survey Services for Capital Projects-Park Related Renovations; and WHEREAS, Twelve (12) companies were contacted and sent copies of the contract documents, or picked up copies of the contract documents at Village Hall; and WHEREAS, at 11 a.m. E.S.T., Thursday, March 1, 2012, the Village of Pelham publicly opened and read Seven (7) proposals; and WHEREAS, on reviewing the proposals, the following is a list of the proposals, as follows: Company Location Total Base Bid Thomas C. Merritts Surveyors Pleasantville, NY $4,800.00 Tectonic Engineering & Surveying Elmsford, NY $5,995.00 John Meyer Consulting Armonk, NY $7,500.00 Scott Chamberlain Yorktown Heights, NY $7,900.00 Ward Carpenter Engineers White Plains, NY $9,040.00 Link Land Surveyors Mahopac, NY $9,750.00 Aristotle Bournazos, P.C. New Rochelle, NY $15,900.00 Page 7 Board of Trustees Meeting Tuesday, March 6, 2012 AND WHEREAS, Village Administrator Robert Yamuder has reviewed the bids and determined that the lowest responsible bid that meets requirements is Thomas C. Merritts, Land Surveyors, P.C., Yorktown Heights, NY; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Pelham Village hereby awards Contract No. 2010-2-Wolfs Lane Park Survey to Thomas C. Merritts, at the total bid price for this contract in the amount of four thousand eight hundred dollars, ($4,800.00) as stated above; and be it FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to sign, execute and award this contract for these services. RESOLUTION Authorizing the Award of Contract #2012-3 Topographic/Right of Way- Survey Services for Capital Projects WHEREAS, the Village Of Pelham issued a Notice to Bidders and Request For Bids for Contract No. 2012-3 Topographic/Right of Way-Survey Services for Capital Projects-Related to Drainage Improvements; and WHEREAS, Twelve (12) companies were contacted and sent copies of the contract documents, or picked up copies of the contract documents at Village Hall; and WHEREAS, at 11 a.m. E.S.T., Thursday, March 1, 2012, the Village of Pelham publicly opened and read Seven (7) proposals; and WHEREAS, on reviewing the proposals, the following is a list of the proposals, as follows: Company Location Total Base Bid Scott Chamberlain Yorktown Heights, NY $2,700.00 ($2400.00 Topo/$300.00 Right of Way) Tectonic Engineering & Surveying Elmsford, NY $4,100.00 ($4100.00 Topo/Right of Way) Thomas C. Merritts Surveyors Pleasantville, NY $6,000.00 ($3600.00 Topo/$2400.00 Right of Way) John Meyer Consulting Armonk, NY $6,000.00 ($5250.00 Topo/$750.00 Right of Way) Ward Carpenter Engineers White Plains, NY $6,720.00 ($6720.00 Topo/Right of Way not listed)) Aristotle Bournazos, P.C. New Rochelle, NY $6,900.00 ($6500.00 Topo/$400.00 Right of Way) Link Land Surveyors Mahopac, NY $7500.00 ($5275.00 Topo/$2225.00 Right of Way) Page 8 Board of Trustees Meeting Tuesday, March 6, 2012 AND WHEREAS, Village Administrator Robert Yamuder has reviewed the bids and determined that the lowest responsible bid that meets requirements is Scott Chamberlain, Yorktown Heights, NY; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Pelham Village hereby awards Contract No. 2010-1-Seventh Avenue Survey to Scott Chamberlain, at the total bid price for this contract in the amount of two thousand seven hundred dollars, ($2,700.00) as stated above; and be it FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to sign, execute and award this contract for these services. Item #10–Resolution to Approve the Terms of the Consent Award Settlement Agreement between the Village and the Pelham Professional Firefighters Association Administrator Yamuder stated this agreement defines and clarifies the terms of the role of the Incident Commander (IC) when the Fire Chief is absent or away from the Fire House. He said this agreement will help the Village and Fire Department interpret the command status of the Department. The agreement is in perpetuity but it can be negotiated on like any other contract item with the Fire union. A motion was made by Trustee McGoldrick and seconded by Trustee Lewis to adopt the resolution. The vote was approved by a vote of four in favor, none opposed. Trustees Marciona, Marty, and Mohan were absent. RESOLUTION Be It Resolved, the Board of Trustees hereby approves the terms of the Consent Award Settlement Agreement between the Village and the Pelham Professional Firefighters Association resolving the grievance and arbitration in American Arbitration Association Case No. 13 300 0274009, and authorizes the Mayor to execute the Agreement on behalf of the Village. Committee and Community Liaison Reports Item #11– Commercial Zoning Review Trustee Lewis said the Village has to submit its proposed changes to the Zoning Code to Westchester County for their review. He said the Village does not need their approval but they are required to review the material. He said the process appears to be fairly straightforward. Item #12– Site Plan Review Mayor Hotchkiss stated he hopes to have more to report on this project by the next meeting. He said ARB Chairman Ron Czajka has made some suggestions which the Board can review. Item #13– B & W Site Page 9 Board of Trustees Meeting Tuesday, March 6, 2012 Mayor Hotchkiss stated an inspection of the Highbrook Bridge must be done in the near future. He said the Village is reviewing the bids they have received for the project and are working with counsel to clarify who the Village must pick for the project; the lowest qualified or a company that may be able to do more for the Village. Item #14– Employee Benefits/HR Manual Mayor Hotchkiss said the Board is getting close to having a final draft to present. Trustee Lewis said about almost all of the comments by the Board have been incorporated to the draft already. Item #15– Tree Committee None Item #16– Park Improvements Trustee Morris stated she is working with Ora Berman on plans for Trotta Park. Item #17–Development (including 3rd Street RFP) Mayor Hotchkiss said the Village is in negotiation with developers over a memorandum of understanding concerning the development. Item #18– Parking None Item #19–KVS Accounting Software Implementation Administrator Yamuder stated the software has been installed on the Village Hall computers. He said the training has been scheduled for late April. Item #20– Updating NY Building Code Mayor Hotchkiss said the Board has been working to update the Building Code for two years to clarify the roles of the Building Inspector Russo. Administrator Yamuder stated he is working with Building Inspector Russo and Village Prosecutor Martha Conforti to make the final changes to the chapters of the Building Code. Item #21– Replacing Televising Video Equipment Administrator Yamuder stated the Village has purchased and installed new audio/visual equipment which should alleviate some of the sound and picture difficulties the Public Access Channel has from time to time. He thanked the Village’s technical advisors; Keith Reilly and Dan Gilkes. Page 10 Board of Trustees Meeting Tuesday, March 6, 2012 Secretary Bonington added that the Village has funds remaining to purchase a new digital broadcast server which will provide a significant update to the Village’s public broadcast system. He added that a long-term goal would be to convert all prior VHS taped meetings to DVD by using this new system. Item #22–Other Business Trustee McGoldrick stated he has been in contact with members of the Pelham Chamber of Commerce about working together to revitalize the Village. Item #23–Authorizing Accounts Payable Trustee Marciona audited the Accounts Payable. A motion was made by Trustee Lewis and seconded by Trustee McGoldrick to adopt the resolution. The vote was approved by a vote of four in favor, none opposed. Trustees Marciona, Marty, and Mohan 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 $ 49,923.79 Water Fund $ 46,488.43 Capital Projects Fund $ 639.74 Trust and Agency Fund $0.00 H3 Fund $0.00 CD NYS Main Street Fund $0.00 TE Expandable Trust Fund $1,924.95 Grand Total $ 98,976.91 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above- mentioned claims and authorizes payment thereof. Item #24–Authorizing Minutes of: Authorizing Minutes of: January 17, 2012, February 7, 2012, and February 21, 2012. Page 11 Board of Trustees Meeting Tuesday, March 6, 2012 A motion was made by Trustee Lewis and seconded by Trustee McGoldrick to adopt the minutes from January 17, 2012. The vote was approved by a vote of four in favor, none opposed. Trustees Marciona, Marty, and Mohan were absent. January 17, 2012- Approved February 7, 2012- Tabled February 21, 2012- Tabled Item #25–Adjournment to Executive Session A motion was made by Trustee Lewis with a second by Trustee McGoldrick to adjourn the public portion of the board meeting and go into Executive Session to discuss Police matters at 8:30 p.m. after which time the Board would adjourn for the evening. The motion was approved by vote of four in favor, none opposed. Trustees Marciona, Marty, and Mohan were absent. Respectfully submitted, Peter Bonington, Secretary to the Village Administrator Page 12 Board of Trustees Meeting Tuesday, March 6, 2012 Page 13