Mayor & Village Board of Trustees
Regular MeetingPelham, NY · May 10, 2011
Minutes
VILLAGE OF PELHAM BOARD OF TRUSTEES
REGULAR MEETING
TUESDAY, MAY 10, 2011, 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 the Appointment of an Employee to the Position of Police Approved
Sergeant in the Pelham Police Department
8. Resolution Authorizing the Completion of Probation for Police Sergeant Jason Approved
Pallett in the Pelham Police Department
9. Authorizing An Inter-Municipal Agreement Between The Village Of Pelham And Approved
Westchester County For The Stop DWI program
10. Authorizing An Inter-Municipal Agreement Between The Village Of Pelham And Approved
The City Of New Rochelle For The Village To Obtain Equipment Through An
Assistance To Firefighters Grant Received By New Rochelle Through FEMA And
Dept. Of Homeland Security
11. Public Discussion and Consideration of the Village of Pelham’s MS-4 Report Under Discussed
the EPA Phase 2 Stormwater Management Guidelines, and Authorizing
Submission to the NYSDEC for Consideration of Renewal of the Village’s SPEDES
Permit
12. Authorizing The Annual Chamber Of Commerce “Shop Down Town Night” Approved
To Take Place On Friday, May 13 2011
13. Continuing a Public Hearing Regarding Recognition of Hillside and Brookside Approved
Avenues as Public Streets-postponed
Committee and Community Liaison Reports 8:15 p.m.
14. Commercial Zoning Review Discussed
15. Site Plan Review Discussed
16. B & W Site Discussed
17. Employee Benefits/HR Manual Discussed
18. Tree Committee Discussed
19. Park Improvements Discussed
20. Development (including 3rd Street RFP) Discussed
21. Parking (including FTA Parking Lot project) Discussed
22. Other Business None
Recurring Items 8:45 p.m.
23. Authorizing Accounts Payable Approved
24. Authorizing Minutes of: March 16, 2011, April 12, 2011 Approved
25. Adjournment to Executive Session 9:00 p.m.
Next Scheduled Board Meetings are:
Tuesday, May 24, 2011
Tuesday, June 7, 2011
All meetings start at 7:30 p.m. unless otherwise noted.
* The Agenda is subject to change.
Board Of Trustees Meeting Tuesday May 10, 2011
Page 2
Item #1 – Meeting called to order: The meeting of the Board of Trustees was called to order
by Mayor Edward Hotchkiss at 7:35.m.
The following members of the Board of Trustees were present:
Mayor Edward Hotchkiss, Trustees Marciona, Marty, Lewis
The following members of the Board of Trustees were absent:
Trustees Breskin, Mohan, and Morris
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 began his report by saying that there will be hydrant flushing the Pelham
Water district from May 31 to June 7 between 10 a.m. and 2 p.m. He said this year the
Village will be conducting the flushing during the day as opposed to evenings and weekends
to cut down of the DPW overtime.
He said the deadline for the RFP for Fifth Avenue and Third Street is going to be extended to
Monday, July 11 at 4 p.m. He said the reason for this extension is that several of the
interested parties wanted more time to develop their proposals.
The Mayor finished his report by saying that Trustee Breskin will be resigning as a Village
Trustee. He stated that Trustee Breskin had written the Board a letter in which he said his
work schedule would make it difficult for him to remain as a Trustee. Mayor Hotchkiss said of
Trustee Breskin that he was very helpful on numerous projects such as the RFP for Fifth and
Third and his work in the Fire Department as the Village liaison.
Trustees Reports:
Trustee Breskin-
Board Of Trustees Meeting Tuesday May 10, 2011
Page 3
Absent
Trustee Lewis-
None
Trustee Marciona-
None
Trustee Marty-
None
Trustee Mohan-
Absent
Trustee Morris-
Absent
Village Administrator’s Report-
None
Item #6– Public Comment-
None
Item #7–Resolution Authorizing the Appointment of an Employee to the Position of Police
Sergeant
Mayor Hotchkiss stated this resolution is for the appointment of Police Officer Casucci to the
position of Sergeant. He said the position took effect on May 2, 2011 and that begins the six
month probationary period.
A motion was made by Trustee Lewis and seconded by Trustee Marty adopt the resolution.
The vote was approved by a vote of four in favor, none opposed.
RESOLUTION
AUTHORIZING THE APPOINTMENT BY THE MAYOR OF CHRISTOPHER CASUCCI
TO THE POSITION OF POLICE SERGEANT
Board Of Trustees Meeting Tuesday May 10, 2011
Page 4
IN THE PELHAM POLICE DEPARTMENT
Be It Resolved, That The Board Of Trustees Authorizes The Promotion And Appointment By
The Mayor Of Christopher Casucci To The Position Of Police Sergeant, Effective Monday,
May 2, 2011, Subject To The Requirements Of Civil Service, For A Probationary Period Of
Six (6) Months And Authorizes The Mayor, Village Administrator And Chief Of Police To Take
The Necessary And Appropriate Actions To Effect This Appointment.
Item #8–Resolution Authorizing the Completion of Probation for Police Sergeant Jason Pallett
in the Pelham Police Department
Mayor Hotchkiss stated this resolution for the successful completion of probation for Sergeant
Pallett of the Pelham Police. He said he comes recommended by the Chief of Police to
remain in this post as a sergeant.
A motion was made by Trustee Lewis and seconded by Trustee Marty to adopt the
resolution. The vote was approved by a vote of four in favor, none opposed.
RESOLUTION
AUTHORIZING THE PERMANENT APPOINTMENT OF
JASON PALLETT AS A POLICE SERGEANT, BASED ON
THE SUCCESSFUL COMPLETION OF HIS PROBATION
BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby acknowledges
the successful completion of probation for Police Sergeant Jason Pallett, based on his
appointment date of October 18, 2010, and the end date of his six (6) month probationary
period effective April 18, 2011 as a Police Officers, and authorizes the Mayor, Village
Administrator and Police Chief to take the necessary and appropriate actions to effect the
completion of his probationary status under Civil Service.
Item #9– Authorizing An Inter-Municipal Agreement Between The Village Of Pelham And
Westchester County For The Stop DWI program
Mayor Hotchkiss stated this resolution pertains to a Westchester County initiative for setting
up DWI stops in the Village of Pelham. The Village will be reimbursed $8,400 over the
course of the 5 year program. Chief Benefico said it is a good program and promotes safety
within the Village of Pelham.
A motion was made by Trustee Marty and seconded by Trustee Lewis to adopt the
resolution. The vote was approved by a vote of four in favor, none opposed.
RESOLUTION
Board Of Trustees Meeting Tuesday May 10, 2011
Page 5
Authorizing An Inter-Municipal Agreement
Between
The Village Of Pelham And Westchester County
For The Stop DWI program
BE IT RESOLVED, that An Inter-Municipal Agreement Between The Village Of Pelham And
Westchester County For The Stop DWI program is hereby accepted and the agreement is
authorized by the Board of Trustees of the Village; and
BE IT RESOLVED, that the term of this agreement is for five (5) years commencing on
January 1, 2011 and terminating on December 31, 2015; and
THEREFORE BE IT FURTHER RESOLVED, that the Mayor, Village Administrator and Chief
of Police are authorized to take the necessary and appropriate actions to effect this
agreement.
Item #10–Authorizing An Inter-Municipal Agreement Between The Village Of Pelham And
The City Of New Rochelle For The Village To Obtain Equipment Through An Assistance To
Firefighters Grant Received By New Rochelle Through FEMA And Dept. Of Homeland
Security
Administrator Yamuder stated this resolution is to appoint New Rochelle as the lead agency
for the Assistance to Firefighter’s grant program. Pelham is one of 10 municipalities applying
for this opportunity with New Rochelle to obtain $440,000 in grant funds for primarily radio
equipment. The Village of Pelham’s share is approximately $6,400.00. Pelham could
receive up to $30,000 worth of equipment from this grant.
A motion was made by Trustee Marty and seconded by Trustee Marciona to adopt the
resolution. The vote was approved by a vote of four in favor, none opposed.
RESOLUTION
Authorizing An Inter-Municipal Agreement Between
The Village Of Pelham And The City Of New Rochelle For The Village To Obtain Equipment
Through An Assistance To Firefighters Grant Received By New Rochelle Through Fema And
Dept. Of Homeland Security
BE IT RESOLVED, that the agreement with the Village Of Pelham And The City Of New
Rochelle For The Village To Obtain Equipment Through An Assistance To Firefighters Grant
Received By New Rochelle Through Fema And Dept. Of Homeland Security is hereby
accepted and the agreement is authorized by the Board of Trustees of the Village; and
Board Of Trustees Meeting Tuesday May 10, 2011
Page 6
BE IT RESOLVED, that the Village of Pelham Fire Department will be responsible for the
matching share that applies to items acquired for the department; and
THEREFORE BE IT FURTHER RESOLVED, that the Mayor, Village Administrator and Fire
Chief are authorized to take the necessary and appropriate actions to effect this agreement.
Item #11–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
NYSDEC for Consideration of Renewal of the Village’s SPEDES Permit
Administrator Yamuder said this resolution is for the annual MS4 Stormwater Report and its
submittal to the Department of Environmental Conservation. He said Dolph Rotfeld
Engineers has assisted in the completion of this report. The Village has already undergone
its inspection by the DEC which it passed. He said the information is online if any concerned
residents want to fill out the questionnaires. He said residents can contact the office if they
have questions.
The documentation for the SPDES permit was prepared by Michael Ritchie and James
Maxwell of Dolph Rotfeld Engineering. The federal law commonly known as Stormwater
Phase II permits will be required for stormwater discharges from Municipal Separate Storm
Sewer Systems (MS4s). To implement the law, the department has developed two general
permits, one for MS4s in urbanized areas and one for construction activities. The permits are
part of the State Pollutant Discharge (SPDES) and the operators of regulated MS4s and
operators of construction activities must obtain permit coverage under either an individual
SPDES permit or one of the general permits. The reporting period is from March 2010 to
March 2011. The report must be compiled and submitted to the NYS DEC by June 1, 2011.
Item #12–Authorizing The Annual Chamber Of Commerce “Shop Down Town Night” To Take
Place On Friday, May 13 2011.
Mayor Hotchkiss said this resolution is to authorize the annual “Shop Down Town Night” for
Friday, May 13. He said a portion of 5th Avenue will be closed between 2nd and 3rd streets.
He said the event will take place between 6:00 and 9:00 p.m. He said the Chamber of
Commerce will assume all overtime for the Village staff. The Chamber has provided
insurance for the event.
A motion was made by Trustee Marty and seconded by Trustee Marciona adopt the
resolution. The vote was approved by a vote of four in favor, none opposed.
RESOLUTION
Authorizing The Annual
Board Of Trustees Meeting Tuesday May 10, 2011
Page 7
Chamber Of Commerce “Shop Down Town Night”
To Take Place On Friday, May 13, 2011
BE IT RESOLVED, that the Board of Trustees of the Village of Pelham authorizes the annual
Chamber Of Commerce “Shop Down Town Night” to take place on Friday, May 13, 2011 and
authorizes the closure of Fifth Avenue from Second Street to Third Street from 6:00 pm to
9:00 pm ; and
BE IT FURTHER RESOLVED, that the Chamber of Commerce will be responsible for all
Village Of Pelham overtime costs that occur for this event;
THEREFORE BE IT FURTHER RESOLVED, that Mayor and Board authorize the appropriate
Village officials and staff to take the necessary and appropriate actions to allow the “Shop
Down Town Night” to take place, with the requirement that the Village of Pelham be provided
with the insurance satisfactory to the Village’s insurance carrier by the Pelham Chamber of
Commerce.
Item #13–Continuing a Public Hearing Regarding Recognition of Hillside and Brookside
Avenues as Public Streets-postponed
The Mayor stated the Village is getting close to a decision on this matter. He suggested
tabling it until a later meeting.
A motion was made by Trustee Lewis and seconded by Trustee Marciona adopt the
resolution. The vote was approved by a vote of four in favor, none opposed.
VILLAGE OF PELHAM, NY
Public Hearing Regarding Recognition of
Hillside and Brookside Avenues as Public Streets
Public Hearing Pursuant To The Provisions Of Village Law §6-612 And Village Law
§7-732 In Regard To The Recognition Of Brookside Avenue From Wolfs Lane To Its
Terminus At The Hutchinson River And Hillside Avenue From Carol Avenue To Its Terminus
At The Hutchinson River As Public Streets In The Village Of Pelham.
Committee and Community Liaison Reports
Item #14– Commercial Zoning Review
Trustee Lewis stated that proposed zoning code changes were given to the Planning Board
for consideration. He asked Building Inspector Russo to assist in moving the proposals
through the Village Planning Board so they can be forwarded to the County Planning Board.
Board Of Trustees Meeting Tuesday May 10, 2011
Page 8
He stated that once the County has approved the changes then they can begin being put into
the proper language fro the Village Code.
Trustee Lewis said the reason for these proposed changes to the Code are to clarify some
issues that arose from the merger of the Village of North Pelham and Pelham in 1975.
Item #15– Site Plan Review
Mayor Hotchkiss and Trustee Marty agreed that they need to begin working on updating the
Village site plan process. The Mayor said much of the Board attention had been focused on
the budget but Trustee Marty and he would begin working again shortly.
Item #16–B & W Site
Trustee Marty said budgetary matters had taken precedence over the B&W Committee for
the past few weeks but he said with the coming of summer he wants revive the progress
made in this field. He said the question before the Board now is whether to have ELM do
more testing after finishing their initial assessment of the new state laws regarding soil and
contamination. He said he plans to confer with the Village attorney and hopes to draft a new
proposal for continued testing on the site.
Trustee Marciona asked if the remediation option was still the placement of two feet of clean
topsoil over the site. Trustee Marty said all the options will discussed in the coming weeks.
Item #17– Employee Benefits/HR Manual
Mayor Hotchkiss said he has taken over the writing of the employee benefits manual. He
said the Trustees have given him some revisions which he will be incorporating them into the
draft document. He said once this is complete he will be submitting it to the Village labor
attorney for review.
Item #18– Tree Committee
Trustee Marciona who has assumed the liaison role in the Village Tree Committee has
contact Mr. Belteccas at the High School regarding the completion of the inventory. She was
advised the inventory will be completed as soon as the trees have finished blooming for the
spring season.
Item #19– Park Improvements
Trustee Marciona stated that Trustee Morris and she had met with Town Supervisor Joe
Solimine to discuss some adjustments to the Joe Trotta Park design which will incorporate
more plantings. She said these suggestions may cost less and simplify the design of the
park. She said after meeting with the Mayor, it was determined that the funding for this
project should come from external funding such as grants and private donations.
Board Of Trustees Meeting Tuesday May 10, 2011
Page 9
Mayor Hotchkiss inquired about the status of the Wolfs Lane Park Technology and
Development grant. Secretary Bonington reported the Village is pursuing the grant. They
need to submit a proposal to change the project goals to the Memorial Green portion of the
project. The Mayor asked if it was would be beneficial to begin preparing the RFP for the
project. Mr. Bonington stated the Village can begin preparing the documents for eventual
bidding but advised that the grant process is still ongoing and the receipt of the awarded
funds may still take some time.
Item #20– Development (including 3rd Street RFP)
Mayor Hotchkiss stated that several firms interested in the RFP had requested additional time
in preparing their proposals and so the Board has extended the submission deadline to
Monday, July 11, 2011.
Item #21–Parking (including FTA Parking Lot project)
Administrator Yamuder commented on the progress of the DPW Yard Project. He said the
project is approximately 87% complete. He said once the construction on the building is
completed the demolition and paving of the old building will begin. He said they are hoping
for a mid-June opening. The Mayor asked if they had made a determination regarding the
use of Muni-Meters or regular parking meters for the new spaces created in the DPW Yard.
Administrator Yamuder stated he would conduct some research on the pros and cons of both
types of meters to determine the best use for the space.
Mayor Hotchkiss asked about the progress of the First Street parking lot project.
Administrator Yamuder stated this project is one of four contracts which have to be bid out
over the next few weeks.
Item #22– Other Business
None
Item #23–Authorizing Accounts Payable
Trustee Lewis audited the Accounts Payable.
A motion was made by Trustee Lewis and seconded by Trustee Marty adopt the resolution.
The vote was approved by a vote of four in favor, none opposed.
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.
Board Of Trustees Meeting Tuesday May 10, 2011
Page 10
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 $ 38,841.16
Water Fund $ 57,783.62
Capital Projects Fund $ 171,915.33
Trust and Agency Fund $0.00
H3 Fund $0.00
TE Expandable Trust Fund $0.00
Grand Total $ 268,540.11
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: March 16, 2011, April 12, 2011
A motion was made by Trustee Lewis and seconded by Trustee Marty adopt the resolution.
The vote was approved by a vote of four in favor, none opposed.
March 16, 2011- Approved
April 12, 2011- Approved
Item #25– Adjournment to Executive Session
A motion was made by Trustee Lewis with a second by Trustee Marty to adjourn the public
portion of the board meeting at 9:30 p.m. and go into Executive Session to discuss personnel
and legal matters, which the Board would adjourn for the evening. The motion was approved
by vote of four in favor, none opposed.
Respectfully submitted,
Peter Bonington, Secretary to the Village Administrator
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