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Mayor & Village Board of Trustees

Regular Meeting

Pelham, NY · May 20, 2008

AgendaMinutes

Minutes

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, MAY 20, 2008 – 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 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). 8. Website / Telecommunications (Verizon Fios, Website upgrades, Discussed E-mail notifications). 9. Flooding (Grants, Engineer Report, etc.). Discussed 10. Environmental – LED light status report. Discussed 11. Development (Site Plan Review, Commercial Zoning Committee) Discussed 12. Human Resources & Administration (HR Manual, Risk Assessmt.). Discussed 13. Farmer’s Market (status report). Discussed Site Plan 8:00 p.m. Considering a Site Plan by Pelham Medical Group for Phase 2 of Approved, 14. the Cliff Remediation, for a wall and drainage improvements. as amended Parking 9:15 p.m. Discussing a draft Home Rule Request for an exception to the 15. Vehicle and Traffic Law to allow residents with restricted driveways Tabled to park in the driveway overhanging the sidewalk, only late at night. Business 8:45 p.m. Considering grant applications to the Community Development 16. Block Grant (CDBG) program, through the Westchester County All 3 apps. Planning Department and Urban County Consortium, for Flooding Approved th Remediation, Neighborhood Sidewalks, and 7 Ave. Streetscape. Public Discussion and consideration of the Village of Pelham’s MS- 17. 4 report under the EPA Phase 2 stormwater management Authorized guidelines, and authorizing submission to the NYS DEC for consideration of renewal of the Village’s SPDES permit. Considering the review and award of insurance provider for Liability Approved 18. Insurance and Worker’s Compensation Insurance coverage as (General, Auto, Law Enf., Umbrella, etc.) amended Considering authorizing an agreement between the Village and 19. Westchester County to share personal protective gear for events Approved and emergencies involving Weapons of Mass Destruction. Housekeeping 9:30 p.m. 20. Authorizing the Accounts Payable Approved 21. Other Business None 22. Minutes: April 22 2008 and May 6 2008. Approved as amended 23. Adjournment Adjourned The next Regular Board Meetings are Tuesdays June 3 and June 17, 2008. * All meetings start at 7:30 p.m. unless otherwise noted. Agenda is subject to change. Board Of Trustees Meeting Minutes Tuesday May 20, 2008 Page 2 VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, MAY 20, 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 7:45 p.m. The following members of the Board of Trustees were present: Mayor Edward Hotchkiss, Trustees Breskin, and Potocki. Trustees Lewis and Morris arrived at 7:55 p.m. Trustees Homan and Weinstein were absent. Trustee Potocki left after item 14. 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 reminded residents that they may vote on the school bond issue until 9 p.m. tonight. Item #4 – Trustees’ Reports: Trustee Potocki reported that Frank Dursi’s insurance company in New Rochelle was robbed and some employees were tied up. The Village expressed their condolences to Mr. Dursi and his employees, and advised other local businesses to be aware of the matter. Trustee Potocki encouraged parents to let their children walk to school, to further the goals of the Safe Routes to School program. Children walking to school will be able to enjoy the scenery and smell the flowers blooming, and walking will avoid burning fossil fuels which will contribute to a healthier environment. He also mentioned the village is continuing to work with the Pelham schools to improve traffic around the schools. Trustee Greg Breskin had nothing to report that was not included on the agenda. Item #5 – Village Administrator’s Report: Village Administrator Richard Slingerland reported that the village’s Annual Water Quality report has been published. Administrator Slingerland further reported that the village will start its annual hydrant flushing on Monday, June 2, 2008 between the hours of 10 p.m. and 12 a.m. Midnight, continuing through completion, scheduled for Friday June 6, 2008. Item #6 – Public Comment: There was no public comment on the agenda at this time. Board Of Trustees Meeting Minutes Tuesday May 20, 2008 Page 3 Item #7 – Open Spaces (Purchase of trash /recycling cans, benches, picnic tables & bike racks): Mayor Hotchkiss reported that he, Administrator Slingerland, Trustee Homan and Trustee Morris had walked the entire length of the Downtown along Wolfs Lane and 5th Avenue to Lincoln Avenue to map out locations for trash receptacles, benches, and bicycle racks. Item #8 – Website/Telecommunications (Verizon Fios, Website upgrades, E-mail notifications Mayor Hotchkiss reported that the village is still in negotiations with Verizon for FIOS television services. He said some outstanding issues include obtaining proper liability and indemnification clauses from Verizon, and adding language to provide for the future operation and control of a “P” public access channel in the Village. Mayor Hotchkiss also reported that the village is still working with students from the Pelham Memorial High School Technology Department on improving the village website. Administrative Aide Devron Wilson reported that the village is in the final stages of implementing an auto attendant for the phones at village hall. Item #9 – Flooding (Grants, Engineer Report, etc.): Mayor Hotchkiss reported that the village is working with the Glenwood Lake Association and the City of New Rochelle on ways to reduce flooding in Pelham and around the Glenwood Lake area in New Rochelle. The Village is also awaiting a more detailed proposal on flood remediation from Dolph Rotfeld Engineering, P.E. Item #10 – Environmental – LED light status report: Administrator Slingerland mentioned that the village is looking into replacing the village street lights with L.E.D. lights. This change could save the village money on energy. John Cassone of 7th Avenue suggested the village speak with Ed Grimaldi about the LED lights because he may have some information and suggestions. Item #11 – Development (Site Plan Review, Commercial Zoning Committee): Administrator Slingerland reported that the committee had a meeting last week to discuss zoning. He also reported that draft legislation has been prepared with regard to amending the site plan process. Item #12 – Human Resources & Administration (HR Manual, Deptl. Risk Assessment): Administrator Slingerland reported that he and Trustee Homan are working on an human resources manual and plan to have it completed in draft by the end of the summer. Mr. Slingerland also reported that the village is meeting with department heads to assess the village’s risk exposures as they relate to each department. Item #13 – Farmer’s Market (status report): Village Administrator Richard Slingerland reported that the Farmer’s Market is scheduled to open on June 15, 2008. The Village expects to have banners posted soon. There will be Pelham Farmer’s Market bags for raffle and sale at the farmer’s market. Board Of Trustees Meeting Minutes Tuesday May 20, 2008 Page 4 Trustee Breskin reported that he discovered an auction that is interested in our 1925 American LaFrance Pumper Truck. The truck could expect to fetch a price of $20,000 to $30,000 at auction. Trustee Morris mentioned that the new Ferrara fire engine pump truck is en route to Pelham from Louisiana. It should be delivered to the village in a couple of days. Item #14 – Considering a Site Plan by Pelham Medical Group for Phase 2 of the Cliff Remediation, for a wall and drainage improvements: Michael Shwarz (Attorney for I and R Realty Management) reported on the progress that has been made thus far to remedy the rock slide situation being the Pelham Medical Group building. He also asked the board to reduce the performance bond from $400,000 to $200,000 reflect the work that has been done so far. Trim Bharati (engineer for Pelham Medical Group) summarized the Phase 2 plan for drainage and a retaining wall. Mayor Hotchkiss stated based on the information the Village has on hand, that the reduction of the bond was not merited for three reasons: 1.) construction projects often exceed estimates and it is not unlikely that the necessary continual engineering inspection could find other significant problems, 2.) the initial arrangement did not set forth any provisions for reduction of the bond if any milestones were met, and 3.) the owner has a poor record with the village in performance, as it has taken two and half years just to finish Phase I. Village consulting engineer Bernard Grossfield mentioned that the Phase 2 plans meet the standards and are acceptable. Planning Board Chairman Richard Veith reported that the Planning Board approved the plan. Mr. Qureshi of 111 6th Avenue stated that he is concerned with the height of the retaining wall. Mr. Qureshi believes that the wall should be higher to secure the properties immediately above the Pelham Medical Group on 6th Street. Village Building Inspector Len Russo reported that the wall is has been reviewed by several geotechnical engineers who approve the wall as being secure and able to hold back the rock behind it. Steve Kahaner mentioned that he concerned about the rock behind the Rigatoni building. He also asked the board if there is any type security for homeowners on 6th Avenue. Building Inspector Len Russo informed Mr. Kahaner that the retaining wall contemplates the rock as is. Mayor Hotchkiss informed Mr. Kahaner that the village is doing everything it can to make the area where rock slide occurred as safe as possible. Steve Kahaner 115 6th Avenue stated that during dusk hours there is vandalism and a lot of noise and cursing by teenagers loitering at “Brick Park”. Mr. Kahaner would like the village to fix the damaged lights, and to increase police enforcement in that area during dusk hours. Administrator Slingerland mentioned that the village will pass that information along to the Police Department to address. 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 Board Of Trustees Meeting Minutes Tuesday May 20, 2008 Page 5 AUTHORIZING THE PHASE 2 ROCK CLIFF CORRECTION AND REMEDIATION PLAN-OF-ACTION, THROUGH CONSTRUCTION OF A RETAINING WALL, FOR PELHAM MEDICAL GROUP AS DISCUSSED AT THE PLANNING BOARD MEETINGS OF FEBRUARY 26, 2008 AND MAY 13, 2008 AND THE VILLAGE BOARD OF TRUSTEES MEETING ON MAY 20, 2008 WHEREAS, the Board of Trustees of the Village of Pelham (the “Board of Trustees”) has reviewed: (i) Planning Board Memos setting forth the Planning Board’s report and recommendation, which Memos were prepared following discussion and presentation by Pelham Medical Group’s (the “Applicant”) Legal and Construction team, consisting of DelBello, Donellan, Weingarten, Wise & Wiederkehr, LLP, and State Contracting, during the Planning Board Meetings held at 7:30 p.m. on February 26, 2008, and May 13, 2008; (ii) The report and recommendation of the Village’s Consulting Engineers, Bernard Grossfield, P.E., PhD., a Structural Engineer based in Hawthorne, NY, dated January 28, 2008, relating to the rock cliff remediation plan through concrete wall construction (Phase 2) proposed by Trim Bharati, P.E., and State Contracting Corp. of Yonkers, NY, (the “Plan”); and WHEREAS, the Board of Trustees heard presentations of the Phase Plans from the Applicant’s attorneys, DelBello, Donellan, Weingarten, Wise & Wiederkehr, and the Applicants Contractor, State Contracting Inc., and the Applicant’s Project Engineer, Trim Bharati, P.E. at the Board of Trustees Meeting held on May 20, 2008 at 7:30 p.m., regarding the Phase 2 Site Remediation Plan (the “Phase 2 Plan”), for the property owned by the Applicant, located at 116 Fifth Avenue, Pelham, New York (the “Property”). NOW THEREFORE, BE IT RESOLVED THAT construction of a stabilization wall is a Type II Action under SEQRA, and therefore no further action is required under SEQRA; and BE IT FURTHER RESOLVED THAT the Phase 2 Plan to construct a concrete retaining wall to stabilize the rock cliff is found to be acceptable in order to complete the remediation of the unsafe condition on the rock cliff behind the Property. Completion and acceptance of the actual retaining wall construction to stabilize the rock cliff on the Property will constitute a long term remediation measure with respect to the rock cliff. BE IT FURTHER RESOLVED, that the conditions and requirements of this approval include the following: 1. Continuation of all relevant prior approvals, and conditions of approval, for the Phase 1 Site Remediation Plan. 2. Any modification to the Phase 2 Plan or change in the contractor designated by the Applicant to construct the concrete retaining wall as part of the Phase 2 Plan must be submitted to the Building Inspector and the Village’s Consulting Engineer for review, recommendation and authorization. 3. The continued satisfaction of the Mayor and Board of Trustees with the experience, quality of work and level of expertise of all contractors employed by the Applicant to implement the Phase 2 Plan. 4. Prior to the issuance of a Certificate of Completion for the retaining wall, a certification must be submitted from the Project Engineer or an independent certifying agent that Board Of Trustees Meeting Minutes Tuesday May 20, 2008 Page 6 the concrete retaining wall was built and installed as designed and pursuant to the Phase 2 Plan. 5. Adherence to the submitted construction timeline for all work. 6. Submission of a plan for the maintenance and protection of traffic, including a plan for closures of the street to traffic and pedestrians. 7. Maintenance of the existing barrier of eight (8’) feet in height protecting the construction and demolition site area, as required under New York State Law. 8. Submission of all updated valid appropriate Certificates of Insurance for all contractors, working on the Phase 2 Plan. 9. Submission of a Hold Harmless and Indemnification Agreement in a form acceptable to the Village naming the Village of Pelham and its officers, boards, agencies, officials and engineering consultants, including Bernard Grossfield, P.E., is required, which Hold Harmless and Indemnification Agreement will include a statement that the Village, its officers, boards, agencies, officials and engineering consultants, including Bernard Grossfield, P.E., are not responsible for any damage caused by the work done pursuant to the Phase 2 Plan. 10. On-site engineering oversight of all work shall be provided with such frequency as the Village may require and shall be paid for by the Applicant. Engineering reports shall be submitted weekly by the Applicant’s Project Engineer and site visits by Bernard Grossfield, or another independent certifying engineer, shall be made at such times and with such frequency as the Village may require, after consultation with the Project Engineer, or State Contracting. 11. Continuation of the existing Performance Bond in the amount Four Hundred Thousand and 00/100 ($400,000) Dollars to ensure completion of Phase 2 of the concrete retaining wall construction. 12. Submission of pre-work structural surveys of adjacent residential properties to the east to document the existing conditions. 13. Submission of a completed building permit application, along with the appropriate insurance including liability policies naming the Village of Pelham as an additional insured, payment of all appropriate fees for building and other permits paid to the Village and any other applicable requirements. This includes the costs required pursuant to Sections 70 and 79 of the Pelham Village Code. 14. The Applicant shall pay the amount of Fifteen Thousand and 00/100 ($15,000) Dollars into escrow on or before May 30, 2008, and/or prior to the issuance of a building permit, for outstanding professional review fees incurred prior to the date of this resolution and to cover other fees that will be incurred in regard to the Phase 2 Plan. 15. Should the Escrow account for professional review fees be depleted, additional payments shall be required of the Applicant within two (2) weeks of notice from the Village, or work shall stop. 16. All conditions set forth in the April 4, 2008, and May 14, 2008, Planning Board Memos, a copy of which are attached hereto and incorporated into and made a part of this Resolution, and compliance with the conditions set forth these Memos shall be required. To the extent that there is any conflict between the Planning Board’s memo and the Board of Trustees’ approval Resolution, the Board of Trustees’ approval Resolution shall govern. 17. Acceptance of the drainage plan authorized by the Planning Board on May 13, 2008. Board Of Trustees Meeting Minutes Tuesday May 20, 2008 Page 7 18. A Certificate of Completion for the Phase 2 Plan shall not be issued until installation of a final drainage plan for the rock cliff on the Property is completed. 19. All materials and debris resulting from the Phase 2 Plan, including any that falls on the adjacent Lordae Realty property, shall be cleaned up and removed by the Applicant at Applicant’s cost. 20. The contractor responsible for construction of the concrete retaining wall shall demonstrate to the satisfaction of the Board of Trustees and/or the Village Building Inspector that it has experience in the construction of similar concrete retaining walls in the last five (5) years and that the individuals responsible for the daily on-site supervision of the construction have sufficient experience to safely construct a viable concrete retaining wall as set forth in the Plan. BE IT FURTHER RESOLVED, that the Mayor, Village Administrator, Building Inspector and other appropriate Village officials are authorized to take the necessary and appropriate actions to effect this approval and authorize this remediation plan to proceed, including the imposition of additional conditions and requirements as may be necessary. _________________________________________________________________________ Memo Date: April 4, 2008 To: Village of Pelham Board of Trustees From: Village of Pelham Planning Board Re: Applicant Pelham Medical Group Property: 116 5th Avenue Application for Phase II Remediation of Rock Hazard – Retaining Wall The Village of Pelham Planning Board (PB) recommends that the Village of Pelham Board of Trustees (BOT) approve the application for Phase II Construction of Retaining Wall for the property located at 116 5th Avenue. The Planning Board unanimously approved the application subject to: 1. Receipt of a construction schedule; 2. Recording of cross easements between Applicant and adjacent property (Lordae) for drainage into existing storm drainage conduits; 3. Submission of a Drainage Plan for the property to the Village engineers and PB, and approval of such plan by the Village Engineers and PB; and 4. Approval by BOT of contractor to perform work specified in Applicant’s subd. plan. Upon satisfaction of above requirements all work relating to the construction of the proposed retaining wall shall be performed as shown on Project Drawings ST-1 and ST-2 dated 2/4/08 by Bharati, P.E., PC. Additional work relating to drainage is to be specified in a Drainage Plan to be submitted by Applicant, which must be approved by the Village Engineers and PB. __________________________________________________________________________ Memo Date: May 14, 2008 To: Village of Pelham Board of Trustees From: Village of Pelham Planning Board Re: Applicant Pelham Medical Group Property: 116 5th Avenue Application for Approval of Drainage Plan (Partial) Board Of Trustees Meeting Minutes Tuesday May 20, 2008 Page 8 The Village of Pelham Planning Board (PB) recommends that the Village of Pelham Board of Trustees (BOT) approve the application for the partial Drainage Plan proposed for the property located at 116 5th Avenue. The Planning Board unanimously approved the application for the proposed construction of the Drainage Plan up to the catch basin located in the middle of the parking lot to the north of the property. The Applicant will have to obtain approval of the balance of the drainage system, connecting the drainage system from the catch basin referred to above to the Village storm drain lines at a later date. All work relating to the construction of the proposed drainage system shall be performed as shown on Project Drawing D-1 dated 5/2/2008 by Bharati, P.E., P.C. Trustee Potocki left the meeting at this time. Item #18 – Considering the review and award of insurance provider for Liability Insurance package coverage (General, Auto, Law Enf., Umbrella, etc.): The Administrator provided some background to the Board on the issue. He advised that the Village received the proposals from a private insurance broker on Thursday, May 15, 2008, as a competitor to NYMIR, our group municipal insurance carrier. The review of current status and solicitation of bids has taken place over the past several months, having started in December, 2007. They received two incomplete proposals from Selective and Zurich insurance companies, and four declinations from Trident, Fireman’s, Utica liability insurance companies, and Lovell Safety Mgmt. on the workers compensation insurance. As SKCG was advised, Spain Agency was allowed to review the materials for review and comment. The Village had not received any prior proposal from them until May 19th and 20th, except for a prior rough estimate from March to include in the 2008-2009 budget. In attendance at the meeting were Michael Spain, Brian Miles, and Susan O’Rorke of the Spain Agency, representing NYMIR and the Worker’s Comp Alliance. They gave a brief history of NYMIR, which had grown out of a similar model from the schools (NYSIR). Mr. Miles mentioned that currently NYMIR represents about 600 municipalities, including Westchester County. Ms. O’Rorke submitted that NYMIR is a licensed insurance company, a mutual group, governed by the rules of the NYS Insurance Department. The Mayor asked if the Village could be reassessed for past claims for adverse experience of the whole pool. Mr. Spain said this is possible, but that NYMIR has an “A-“ rating by Best, is very financially solvent, and that member-municipalities can also expect a dividend (rate reduction) for good experience in upcoming years. Spain Agency and NYMIR representatives also mentioned that claims are limited to $500,000 on property and $250,000 on liability, and the umbrella protection has been increased to $10 million per occurrence / $20 million all occurrences from $8 million per occurrence and $16 million aggregate. Also NYMIR reinsures now through Genesis Reinsurance, rated A++ by Best. Mayor Hotchkiss noted that while the insurance premium is lower than the one quoted by Travelers, Travelers is providing guaranteed cost insurance where there can be no retroactive premium adjustments. Board Of Trustees Meeting Minutes Tuesday May 20, 2008 Page 9 Based on the final proposal from the Spain Agency, detailed in the body of the resolution, the Village recommends remaining with Spain/NYMIR/Worker’s Compensation Alliance. 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 four in favor, none opposed. Trustees Homan, Potocki and Weinstein were absent. RESOLUTION AUTHORIZING THE AWARD OF INSURANCE COVERAGE FOR THE VILLAGE OF PELHAM TO THE SKCG GROUP BROKERAGE FIRM FOR LIABILITY INSURANCE COVERAGE PROVIDED BY TRAVELER’S, INC. AND WORKER’S COMPENSATION COVERAGE PROVIDED BY PERMA WHEREAS, The Village Of Pelham has been seeking liability and worker’s compensation insurance proposals to provide coverage for the Village Of Pelham, and the Village obtained insurance proposals from the SKCG Group brokerage firm, for Traveler’s Insurance and PERMA worker’s compensation insurance, and from the Spain Agency brokerage for the New York Municipal Insurance Reciprocal (NYMIR) and the Worker’s Compensation Alliance, a pooled reciprocal group, which are as follows: Liability Insurance, all coverages (General, Auto, Public Officials/Employees, Law Enforcement, Umbrella) NYMIR/Spain Agency, all liability Travelers, all liability Total cost: $195,586 Total cost: 198,816 plus $11,434 contractual capitalization {plus $11,434 contractual capitalization to NYMIR} total is: $207,020 total is: $210,250 Worker’s Compensation Insurance: Worker’s Comp Alliance/NYMIR PERMA Total cost: $177,891 Total cost: $197,485 WHEREAS, based on our review of the proposals, the Village recommends awarding the liability and Workers Compensation insurance package to Spain Agency, and to NYMIR and the Worker’s Compensation Alliance. NOW, THEREFORE, BE IT RESOLVED, that the Village hereby awards Insurance Services, and authorizes the Village to retain Insurance through Spain Agency, with Insurance Coverage Services to be provided for Liability through the NYMIR, at a total approximate cost of one-hundred ninety five thousand, five hundred eighty six dollars ($195,586), and Workers Compensation Insurance coverage to be provided by Worker’s Comp Alliance, at a total cost of one-hundred seventy seven thousand, eight hundred ninety one dollars($177,891), as detailed in the proposal dated May 16, 2008, and received May 20, 2008; and BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to retain these coverages, for the liability insurance to be effective June 1, 2008, and the workers compensation insurance to be effective July 1, 2008. Board Of Trustees Meeting Minutes Tuesday May 20, 2008 Page 10 Item #15 – Discussing a draft Home Rule Request for an exception to the Vehicle and Traffic Law to allow residents with restricted driveways to park in the driveway overhanging the sidewalk, only late at night: A draft resolution, senate and assembly memorandum, and draft bill text were included. However, this matter was tabled until the June 3, 2008 Board of Trustees meeting. Item #16 – Considering grant applications to the Community Development Block Grant (CDBG) program, through the Westchester County Planning Department and Urban County Consortium, for Flooding Remediation, Neighborhood Sidewalks, and 7 th Ave. Streetscape: Resolution A. PHASE 2 -- FLOODING AND STORM DRAIN REMEDIATION PROJECT A motion was made by Trustee Breskin, with a second by Trustee Morris to adopt the grant resolution. The motion was approved unanimously by vote of four in favor, none opposed. Trustees Homan, Potocki and Weinstein were absent. RESOLUTION AUTHORIZING AN APPLICATION TO THE WESTCHESTER URBAN COUNTY CONSORTIUM FOR PROJECT PRIORITY #1: PHASE 2 -- FLOODING AND STORM DRAIN REMEDIATION PROJECT FOR CDBG FUNDING BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes an application to the Westchester County Urban County Consortium for the following project: 1. Flooding and Storm Drain Remediation Project, to correct the 7th Avenue flood- zone (Phase 2). Total project estimated at $500,000. Phase 2 estimated at approximately five hundred thousand ($500,000). The Village of Pelham is requesting $250,000 for the storm-drain sewer remediation, including large-sump detention catch basins, to be matched by $250,000 from the Village of Pelham. BE IT FURTHER RESOLVED, that the Mayor and the Village Administrator are authorized to take the necessary and appropriate actions to effect and submit this application. Resolution B. NEIGHBORHOOD SIDEWALK AND CURB REPLACEMENT PROJECT A motion was made by Trustee Breskin, with a second by Trustee Morris to adopt the grant resolution. The motion was approved unanimously by vote of four in favor, none opposed. Trustees Homan, Potocki and Weinstein were absent. RESOLUTION AUTHORIZING AN APPLICATION TO THE WESTCHESTER URBAN COUNTY CONSORTIUM FOR PROJECT PRIORITY #2: NEIGHBORHOOD STREET STREETSCAPE IMPROVEMENT PROJECT SIDEWALK AND CURB REPLACEMENT BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes an application to the Westchester County Urban County Consortium for the following project: 2. Neighborhood Streetscape Improvement Project – CDBG area-wide Sidewalk and Curb Replacement. The proposed project is part of an ongoing plan to continue to Board Of Trustees Meeting Minutes Tuesday May 20, 2008 Page 11 improve the sidewalks and curbs for safer and more accessible pedestrian walkways. This project is Phase 5 of the ongoing streetscape and sidewalk improvements. Total project estimated at $200,000. Requesting $100,000, to be matched by $100,000 from the Village of Pelham. BE IT FURTHER RESOLVED, that the Mayor and the Village Administrator are authorized to take the necessary and appropriate actions to effect and submit this application. Resolution C. 7th AVENUE STREETSCAPE IMPROVEMENT PROJECT A motion was made by Trustee Breskin, with a second by Trustee Morris to adopt the grant resolution. The motion was approved unanimously by vote of four in favor, none opposed. Trustees Homan, Potocki and Weinstein were absent. RESOLUTION AUTHORIZING AN APPLICATION TO THE WESTCHESTER URBAN COUNTY CONSORTIUM FOR PROJECT PRIORITY #3: 7th AVENUE STREETSCAPE IMPROVEMENT PROJECT SIDEWALK AND CURB REPLACEMENT (AFTER COMPLETION OF DRAINAGE REMEDIATION PROJECT(S)) BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes an application to the Westchester County Urban County Consortium for the following project: 3. Neighborhood Streetscape Improvement Project – 7TH Avenue neighborhood, between 6th Street and 7th Street, block-long complete streetscape improvement project, including Sidewalk and Curb Replacement, and other related appurtenances. The proposed project is part of an ongoing plan to continue to improve the sidewalks and curbs for safer and more accessible pedestrian walkways. This project is Phase 6 of the ongoing streetscape and sidewalk improvements, and complements the post-construction work planned for under Phase 2 of the Flooding Remediation project. Total project estimated at $200,000. Requesting $100,000, to be matched by $100,000 from the Village of Pelham. BE IT FURTHER RESOLVED, that the Mayor and the Village Administrator are authorized to take the necessary and appropriate actions to effect and submit this application. Item #17 – Public Discussion and consideration of the Village of Pelham’s MS-4 report under the EPA Phase 2 stormwater management guidelines, and authorizing submission to the NYS DEC for consideration of renewal of the Village’s SPDES permit: * See attached documentation prepared by Michael Ritchie and James Maxwell of Dolph Rotfeld Engineering. Due to the transition of this year’s report from the old MS-4, and the new MS-4, after adoption of the village’s stormwater management local law, there are greater requirements to establish written policies and procedures, to improve and enhance operations, and to better protect stormwater and the water quality of area waterways. We recommend the adoption of this expanded report, with plans to adopt and enhance our policies and procedures in the near future. A motion was made by Trustee Breskin, seconded by Trustee Morris, and approved by vote of four in favor, none opposed. Trustees Homan, Potocki and Weinstein were absent. 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The motion was approved unanimously by vote of four in favor, none opposed. Trustees Homan, Potocki and Weinstein were absent. RESOLUTION AUTHORIZING AN AGREEMENT WITH WESTCHESTER COUNTY FOR AN INTER-MUNICIPAL AGREEMENT FOR THE VILLAGE TO BE ABLE TO SHARE AND MAKE USE OF PERSONAL PROTECTIVE GEAR FOR EVENTS AND EMERGENCIES INVOLVING WEAPONS OF MASS DESTRUCTION BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorize the Village to participate in an agreement between the Village and Westchester County to share personal protective gear for events and emergencies involving Weapons of Mass Destruction, with no funding or dollar contribution required of the village of Pelham; and BE IT FURTHER RESOLVED, that the Mayor and the Village Administrator are authorized to execute this agreement, and all appropriate officials of the Village of Pelham are authorized to take the necessary and appropriate actions to cooperate with and implement this program as it relates to the Village of Pelham. Item #20 – Authorizing the Accounts Payable: Trustee Homan had audited the vouchers. 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 four in favor, none opposed. Trustees Homan, Potocki 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 as authorized by the Village Administrator: Fund Name: Amount General Fund $ 138,114.43 Water Fund $ 27,754.97 Capital Projects Fund $ 334,917.50 Trust and Agency Fund $ 618.75 TE Expendable Trust Fund $ 679.25 Grand Total $ 502,084.90 Board Of Trustees Meeting Minutes Tuesday May 20, 2008 Page 34 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Item #21 – Other Business: There was no other business at this time. Item #22 – Minutes: April 22, 2008 and May 6, 2008: Trustee Morris had a few editorial issues, in particular with regard to having the minutes reflect that Trustee Morris and Trustee Homan voted against the fees. A motion was made by Trustee Breskin, with a second by Trustee Morris to adopt the minutes from April 22 nd, and May 6th, with those changes. The board voted unanimously to approve the minutes as amended by vote of four in favor, none opposed, Trustees Homan, Potocki and Weinstein were absent. Item #23 – Executive Session and Adjournment: On the motion of Trustee Lewis, seconded by Trustee Breskin, the Board voted to adjourn the public portion of the board meeting and go into Executive Session to discuss matters of personnel and collective bargaining at 9:50 p.m., and to adjourn after discussing those issues. The motion was approved unanimously by vote of four in favor, none opposed. Trustees Homan, Potocki and Weinstein were absent. Respectfully submitted, Devron Wilson, Administrative Aide Richard Slingerland, Administrator/Deputy Clerk

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