Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JUNE 3, 2014, 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 # Agenda Items: Non-Recurring Items 7. Resolution of SEQRA Type II Classification for a Proposed Children’s Play Approved Area in Wolfs Lane Park 8. Authorizing the Extension of Contract #2013-01 Tree Removal and Tabled Trimming and Stump Removal 9. Resolution to Adopt Village of Pelham Employee Handbook Approved 10. Resolution to Continue Participation in the Westchester County Fire Approved Mutual Aid Plan 11. Authorizing IMA Between Village of Pelham and The City of New Approved Rochelle in Order to Bid and Award a Contract for Street Resurfacing as Revised 12. Other Business-3rd Street Relief Drain Project Discussed Recurring Items 13. Authorizing Accounts Payable Approved 14. Authorizing Minutes of: April 22, 2014 Approved 15. Adjournment to Executive Session (if needed) Approved Next Regularly Scheduled BOT Meetings: Tuesday, June 17, 2104 Tuesday, July 8, 2014 (Summer Schedule) All meetings start at 7:30 p.m. unless otherwise noted. Item #1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Cassidy at 7:30 p.m. The following members of the Board of Trustees were present: Mayor Cassidy, Trustees Senerchia, Mutti, Marty, Volpe, Reim, and Kagan Board of Trustees Regular Meeting Tuesday, June 3, 2014 The following members of the Board of Trustees were absent: 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 Cassidy. Reports: Mayor Cassidy Report Mayor Cassidy reported that the mortgage tax collection appears to be coming in higher than expected budgeted amount. He commented that the Memorial Day Parade was a great event and was attended by a number of local politicians from whom specific requests were made regarding issues in the community. He stated he hoped this would enable more traction on these issues with the help of these elected officials. He reminded the public that the Street Fair will take place on Saturday, June 7th and encouraged the public to attend. Trustees Reports: Trustee Kagan None Trustee Marty Page 2 Board of Trustees Regular Meeting Tuesday, June 3, 2014 Trustee Marty stated that he had heard from a few residents about placing additional recycling bins out for the Street Fair on Saturday. He added that it may be too soon for this upcoming event but suggested a standard for events going forward that additional recycling bins be available. Trustee Mutti Trustee Mutti stated that EcoPel are encouraging local residents to bike to the fair. She said that a recently planted tree in Wolfs Lane Park was dug up and dragged out of place. She said the DPW has performed restoration efforts and replanted the tree however it may still die as a result of the this vandalism. She said the Village has declared Saturday, June 7th Arbor Day in the Village of Pelham to coincide with the Street Fair and be a part of the Street Fair. She stated the Village, Town, and Pelham Manor will have a table at the Street Fair with the Pelham Governance Chart and map of the community available for the public. Trustee Mutti stated she is coordinating with Assemblywoman Amy Paulin on the remaining issues with MTA. She said she hopes to have more to report at future meetings. Trustee Reim None Trustee Senerchia Trustee Senerchia stated there will be more chamber events on the Wolfs Lane Park green in September and October. He said Police continue to monitor traffic at the schools however this is costing the Village overtime. He stated there will be a ribbon cutting at the new boutique called Simply Sweets. Trustee Volpe None Village Administrator’s Report Page 3 Board of Trustees Regular Meeting Tuesday, June 3, 2014 Administrator Yamuder stated that the annual hydrant flushing will be taking place next week. He said residents with any questions can contact Village Hall. He said he expects the operations to be finished by the end of the week. Item #6–Public Comment Mary Veith of Nyac Avenue stated that she opposes the location of the proposed park behind her property in Wolfs Lane Park. She stated that she felt Gazebo Park is much better suited than the proposed location and asked the Board to reconsider. Item #7– Resolution of SEQRA Type II Classification for a Proposed Children’s Play Area in Wolfs Lane Park. Mayor Cassidy stated the current proposal to develop a park in Wolfs Lane Park is part of a much larger proposed plan to develop the Park. He said this concept has been in place for eight years and the Village has secured funding for that purpose which it is currently pursuing. He said the purpose is to reinvigorate the downtown and sees this as a positive step. The Mayor said the Board has asked Graham Trelstad, an environmental planner with the consulting engineering firm AKRF, to speak about the classification under SEQRA. The Mayor asked Mr. Trellstad to explain how he arrived at this conclusion. Mr. Trelstad stated in his professional opinion that this proposed project clearly fits the criteria of a Type II action or Exempt Action under the SEQRA guidelines. By reviewing the NYS-DEC list of similar Type II projects and reviewing the plans provided by the landscape architect, he stated he believes the proposed park area is significantly below the required as required by SEQRA to constitute a Type I action. Mr. Trelstad stated based on the plans provided, the playground area of coverage comprises 2,800 square feet. From his reading, he stated the SEQRA guidelines state a requirement of 4,000 square feet of gross floor area in an enclosed, habitable space to be considered for further environmental review. In addition, he stated that this playground is not a building, structure, or facility that comprises an enclosed floor area. Trustee Volpe asked Mr. Trelstad to explain what “mistake” the Village would make if it decided this proposed playground is not a Type II or Exempt Action. Mr. Trelstad stated that the Village would have to categorize it as an Unlisted Action as it does not fit the criteria of a Type I action (i.e. apartment, rental property, etc.). The Village would have to complete an Environmental Assessment Form (EAF) and would more than likely deliver a Negative Page 4 Board of Trustees Regular Meeting Tuesday, June 3, 2014 Declaration which states there are no areas of sensitivity or possible impacts and that a further Environmental Impact Statement (EIS) is not necessary. The SEQR process would end after the completion the EAF and Negative Declaration. Trustee Volpe added however, that the EAF is not a fishing expedition. There are set of clearly defined issues on a list that would have to be cited in order for further investigation to be required. If none of these issues apply, the Village would issue a Negative Declaration. Trustee Reim asked if plantings would be considered a disturbance on the EAF. Mr. Trelstad stated that additions such as plantings usually fall under the overall category of maintenance and are not listed on the EAF form. Trustee Volpe asked Mr. Trelstad if he had worked on similar park and playground related projects. Mr. Trelstad replied that he had and cited an example with the community of Southeast. He added that he had never heard of a playground park of this type undergoing substantial environmental review. Trustee Senerchia said he felt that the children of Pelham were getting lost in this debate. He asked the community to remember why they are having these discussions. Daniel Richmond of Zarin and Steinmetz stated he is an attorney representing residents who have concerns about this proposed project. He said that members of the community have concerns and must be allowed to have input in this process. He stated that in his estimation, the area of disturbance is greater the 4000 square feet. He cited several cases relating to projects in other communities such as the matter of London vs Art Commission which dealt with an acoustic bandshell. Trustee Volpe commented that among the cases cited none dealt directly with a playground in a park. Trustee Mutti added that a bandshell is a more substantial structure than this proposed playground. Mr. Richmond stated that this process has not been as transparent as it could otherwise be. He stated that there is not clear understanding of this matter and materials and documents have not been placed on the website for review. Trustee Volpe stated this has been a public process. Mayor Cassidy added that it has been on the agenda for the past several meetings and materials and plans were displayed at prior meetings. These documents are available for public viewing upon request. Trustee Mutti stated she felt the concerns of the community are being addressed. Additionally, the Junior League canvassed the community prior to any discussion with the Board taking place. Trustee Volpe added it is a Board responsibility to make sure this process is open and clear but said up until now it has been an open process. Page 5 Board of Trustees Regular Meeting Tuesday, June 3, 2014 Mr. Richmond gave the Board a notice of appearance and said his clients feel something is missing from this process. Sandy Waibel, President of the Chamber of Commerce read a letter into the record stating that based on her research the merchants generally support this project and it will benefit the community. Trustee Reim suggested she share this survey with the Chamber liaison, Trustee Senerchia. He said it is helpful to have this type of outside research to provide insight. Aisling Bier of the Junior League said a website has been created to address the concerns of the community. She said a petition has also been sent out which as of now has over 314 signatures in support the park. Tyson Stevens a former President of the Chamber of Commerce stated a strong community will prevent the types of concerns raised from becoming a reality. Trustee Kagan thanked Trustee Senerchia for bringing the objective of this proposed project back into focus. He said the Board has done its homework and is not swayed by a late argument from an attorney on matters not directly relating to a proposed playground. Trustees Marty, Reim, and Senerchia made comments stating that they felt the process regarding the SEQRA classification had been properly vetted and that they would be prepared to vote on that matter tonight. A motion was made by Trustee Kagan and seconded by Trustee Senerchia to approve the resolution. The vote was approved by a vote of seven in favor, none opposed. WHEREAS, the Village of Pelham proposes to install a children’s playground in Wolf’s Lane Park, located on Wolf’s Lane, in the Village of Pelham, NY; and WHEREAS, the Village Board of Trustees has reviewed the following documents in support of this classification: 1. Children’s Woodland Park Design, prepared by Environment Design LLC, dated 3/31/2014 2. Photographs of proposed park play structures WHEREAS, the proposed playground would be located in an existing public park, and would be a customary accessory structure common to many public parks; and WHEREAS, the proposed playground has been designed to be minimally disruptive to the existing topography and vegetation; and Page 6 Board of Trustees Regular Meeting Tuesday, June 3, 2014 WHEREAS, the proposed playground is an appurtenant non-residential structure involving less than 4,000 square feet of gross floor area, that is consistent with the Village of Pelham zoning and land use controls; and NOW, THEREFORE BE IT RESOLVED, that the Village of Pelham Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA), determines that the proposed playground is a Type II Action under SEQRA pursuant to §617.5(c)(7), and no further environmental review is required. Item #8– Authorizing the Extension of Contract #2013-01 Tree Removal and Trimming and Stump Removal The Board decided to table this resolution until a later meeting. WHEREAS, on July 9, 2013, the Board of Trustees of the Village of Pelham awarded a one year Contract 2013-01 for Tree Removal, and Trimming, and Stump Removal In The Village Of Pelham to Almstead Tree Service of New Rochelle, NY as a unit-price contract, with prices provided under the bid for add-on trees; and WHEREAS, under the terms of that agreement the contract may be extended by act of the Board of Trustees of the Village of Pelham; and WHEREAS, Almstead Tree Service has agreed to hold the unit- price quoted in the July 1, 2013 contract noted in the “additional Trees” section for the next contract year; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the extension of Contract 2013-01 as enumerated in the agreement; and FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effect and execute this unit-price contract for these services. Item #9– Resolution to Adopt Village of Pelham Employee Handbook Trustee Kagan thanked the Village employees for their patience and cooperation during the drafting phase of the employee handbook. He said although it has taken time to draft this handbook, he said he feels that it will treat all future employees fairly and provide guidance in the workplace. He said this handbook will apply to all new hires by the Village after June 1, 2014. He said this handbook applies to unions, but is subject to their collective bargaining agreements. The handbook Page 7 Board of Trustees Regular Meeting Tuesday, June 3, 2014 does not apply to current Village employees who were hired before June 1, 2014. He added that County and State laws will govern over this handbook. Mayor Cassidy thanked Trustee Kagan for his leadership of this project. He said this handbook makes things clear for the future. He thanked all Village employees for their assistance and cooperation. Trustee Volpe added that the Board has no desire to hurt any current employees with this manual. He said the terms apply only to future employees hired after June 1, 2014. A motion was made by Trustee Kagan and seconded by Trustee Mutti to approve the resolution. The vote was approved by a vote of seven in favor, none opposed. WHEREAS, the Board of Trustees has been working on an employee handbook for several years with the goal of making sure the Village has clear policies in place to ensure that all employees are treated fairly and consistently, to create a central place for staff and managers to turn to for guidance, provide the public as well as future Trustees with information about the Village as a workplace and to set expectations for new employees; BE IT RESOLVED that the Mayor and Board of Trustees hereby authorize the adoption of the Village of Pelham Employee Handbook with the terms and the conditions of the handbook to apply to any employee hired by the Village on or after June 1, 2014; and BE IT FURTHER RESOLVED, that the Village Administrator is authorized to take all necessary and appropriate actions to introduce the manual into the Village of Pelham workplace. Item #10– Resolution to Continue Participation in the Westchester County Fire Mutual Aid Plan. Administrator Yamuder said this resolution pertains to the mutual aid agreements between Fire Departments. He said the agreement has been up for renewal for some time with the last approval being in 2003. The Administrator stated that the nature of the agreement is that the Pelham Fire Department would respond to fires and hazards in other communities and would receive assistance in case of a local problem in Pelham. He said this arrangement is as needed and provides support for the Fire Department. Mayor Cassidy stated this is a clear case of shared services and is a standard protocol with other fire departments in Westchester. Page 8 Board of Trustees Regular Meeting Tuesday, June 3, 2014 Trustee Kagan asked the administrator whether this was an initiative supported by our fire chief William Stone. The administrator responded that the chief endorsed this resolution. A motion was made by Trustee Volpe and seconded by Trustee Senerchia to approve the resolution. The vote was approved by a vote of seven in favor, none opposed. Item #11– Authorizing IMA Between Village of Pelham and The City of New Rochelle in Order to Bid and Award a Contract for Street Resurfacing as Revised The Administrator stated this resolution was approved at the last meeting but the Village did not have the rates for asphalt available at that time. He said the rates are $77 an hour with $116 an hour for overtime. He said this is still a good deal and recommended the Board approve the updated rates from last year. A motion was made by Trustee Volpe and seconded by Trustee Senerchia to approve the resolution. The vote was approved by a vote of seven in favor, none opposed. WHEREAS , the Village of Pelham, Village of Pelham Manor, Village of Mamaroneck, Town of Mamaroneck , Village of Larchmont and the City of New Rochelle wish to enter into an agreement in order to publicly bid and award a contract for implementing a street pavement resurfacing contract, utilizing CHIPS funding , for various public roadways in each of the communities; and BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorize the revised agreement provided by the City of New Rochelle (attached hereto and made a part hereof)which updates the second sentence of the “THIRD” paragraph ON PAGE 2 OF 4 OF THE SUBJECT AGREEMENT TO READ “The communities agree to reimburse the City for the hours spent on managing the project by the City Engineer/Agent, at the rate of $77.00 per hour for regular time and $116.00 per hour for overtime ; and BE IT FURTHER RESOLVED, that the Mayor and the Village Administrator are authorized to sign this revised agreement and to take the necessary and appropriate actions to effect this revised agreement. Item #12– Other Business -3rd Street Relief Drain Project Mayor Cassidy stated the Village recently bid out this project for the second time. He said the initial bidding yielded higher bids than expected and the Village was advised by its consulting engineer, Leonard Jackson Associates (LJA), to rebid the project in the spring in hopes of receiving lower bid proposals. Page 9 Board of Trustees Regular Meeting Tuesday, June 3, 2014 The Mayor reported that the bids that were received by the Village at the second bid opening were again higher than the engineers estimate. He said the Village currently has a grant in the amount of $340,000 from the EPA for this section of the overall flooding remediation scheme. He invited Leonard Jackson to explain to the Board the nature of this latest round of bidding and why the bids came in high a second time. Leonard Jackson stated the all the bids received were 20% higher than his estimate. He explained that the contracting business is doing very well right now and prices are reflecting that uptick in business. Trustee Senerchia asked if reducing the scope of the project would yield any savings. Mr. Jackson responded that reducing the scope in itself would not generate any savings because the excavation, rerouting of utilities, and other construction costs would still be required. Mayor Cassidy asked Mr. Jackson to reach out the bidders and find out specifically why the bids were so much higher than expected. Item #13– Authorizing the Accounts Payable Trustee Marty audited the Accounts Payable. A motion was made by Trustee Marty and seconded by Trustee Volpe to approve the resolution. The vote was approved by a vote of six in favor, none opposed. Trustee Mutti abstained. 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 $210,053.55 Water Fund $111.00 Capital Projects Fund $37,093.69 Trust and Agency Fund $0.00 CD NYS Main Street Fund $0.00 H3 Fund $0.00 Page 10 Board of Trustees Regular Meeting Tuesday, June 3, 2014 TE Expand Trust Fund $0.00 Grand Total $247,258.24 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Item #14– Authorizing Minutes of: April 22, 2014 A motion was made by Trustee Volpe and seconded by Trustee Kagan to approve the resolution. The vote was approved by a vote of seven in favor, none opposed. April 22, 2014- Approved Item #15– Adjournment to Executive Session A motion was made by Trustee Volpe with a second by Trustee Reim to adjourn the public portion of the Board meeting at 9:40 pm and go into Executive Session to discuss a particular personnel matter after which time the Board would adjourn for the evening. The motion was approved by vote of seven in favor, none opposed. Respectfully submitted, Peter Bonington, Secretary to the Village Administrator Page 11