VILLAGE OF PELHAM BOARD OF TRUSTEES SPECIAL MEETING

TUESDAY, JUNE 27, 2006, 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

                                                                                                                                      StartingTime

      #       Agenda Items:                                                                                             of Discussion

Next Regular Board Meetings are Tuesday, July 18, and (tentatively) Tuesday, August 8

All meetings start at 7:30 p.m. unless otherwise noted.

* Agenda is subject to change until the night of the meeting.

VILLAGE OF PELHAM BOARD OF TRUSTEES MEETING MINUTES

VILLAGE HALL - 195 SPARKS AVENUE, PELHAM, NY

TUESDAY, JUNE 27, 2006

Item #1 – Meeting called to order:  The meeting of the Board of Trustees was called to order by Mayor Michael J. Clain at 7:40 p.m.

The following members of the Board of Trustees were present:

Mayor Michael Clain, Trustees Greco, Homan, Hotchkiss, Merrick, Mohan and Potocki. 

Village staff in attendance:

Village Administrator Richard Slingerland, Administrative Aide Devron Wilson and Building Inspector Len Russo.

Item #2 – Pledge of Allegiance

The Pledge of Allegiance was led by Mayor Michael J. Clain.

Item #3 – Mayor’s Report:  None.

Item #4 – Trustees Reports: None.

Item #5 – Village Administrator’s Report:  None.

Item #6 – Public Comment:  None.

Item #7 – Rejection of a proposal from Pelpark for an exchange of real property:

Janet Snyder of Gray Hawk North America summarized the timeline of the project from the earlier Pelpark proposals to date.  In 2003 the proposed building was much larger than it is now.  In early 2005 both parties concluded that the project will consist of a single building concept.  She believed that PelPark produced an acceptable plan for both parties with the current proposal of the building at 89,000 square feet including the common area.  She further mentioned that the building would consist of 43 units at 1,400 square feet per unit.

Trustee Homan was concerned about the bedroom breakdown throughout the building, due to the potential contribution of students to the Pelham Schools.  Lester Kravitz of Pelpark did not have a bedroom breakdown for Trustee Homan.  He requested recommendations from the village as to what the village would like the breakdown to be. 

Mayor Clain mentioned there seems to be no compliance on Pelpark’s behalf with the two issues the village has on the table, including environmental clean up of the property and building the DPW garage.  He mentioned that Ginsburg when proposing to build Marbury Corners agreed to pay for environmental clean up of the property they took over from the Village, and he didn’t understand why Pelpark would not agree too.

A motion was made by Trustee Potocki, with a second by Trustee Greco to adopt resolution 1.  The motion passed unanimously by vote of seven in favor, none opposed.

Alternative 1:

RESOLUTION

CHOOSING TO PROCEED WITH OPTION 1

FOR SEPARATE DEVELOPMENT OF

VILLAGE PARKING AND THE VILLAGE DPW GARAGE

AND FOR PELPARK TO PROCEED SEPARATELY

RESOLVED, that the Mayor and Board of Trustees determines that adequate time has been given to attempt to reach a level of understanding and agreement with the owners of the Pelpark Property, formerly T & L, and that such understanding and agreement has not been reached, and therefore the Village selects Option 1, to proceed on the redevelopment of the public properties separate from Pelpark.

Item #8-A –  Considering alternatives regarding a site plan submitted by Pelham Medical Group for remediation and stabilization of the cliff behind its 5^th Avenue property:

Peter White, construction manager for Pelham Medical Group reported that he concluded from attending the planning board meeting on June 26, 2006 that the village’s issue is not with the engineering of the wall but rather with the location of the wall.  Mr. White mentioned the reason for him wanting to build the wall 15ft. 6in. from the back of the Pelham Medical Group building is because he needs enough room to work in that area without damaging the Pelham Medical Group building.  He also mentioned that the remediation he plans to do will take approximately 8 weeks to complete.

Planning Board Chairman Gwen Tapogna confirmed that the physical structure of the wall is not an issue but the location of the wall is still an issue.  Other issues and concerns the Planning Board has are as follows:

1. No borings have been done to see if the rock embedded deeper in the cliff is stable.
2. The amount of rock and being hauled away and the truck traffic to and from the site causing dust and debris and damage to area infrastructure.
3. The lack of drainage plans for water being collected and drained from the rock.

Village Consultant Bob Simpson, P.E. reported that he has not received any evidence establishing that the rock is more stable going further back.  He also mentioned again that he still does not see the need for such large equipment to be used by Peter White to remove parts of the rock.  He further informed everyone that both small and large equipment carry risks of damaging the building.  To minimize the risks of rocks falling while the equipment is being used, Pelham Medical Group suggests using Geo Foam to stabilize the under-part of the rock.  Mr. Simpson confirmed this would be a great idea.

Building Inspector Len Russo informed the village that he does not want to approve a plan allowing Peter White to cut 20ft. into the rock not knowing if the rock is stable or not.  He recommends removing only the part of the rock leaning against the Pelham Medical Building to remediate the unsafe condition.

Mr. Bharati of Bharati, PE, P.C. spoke about the Geo Foam that would be used to stabilize the under-part of the cliff while remediation work is being done.  He mentioned that the foam is soft and acts as a cushion to hold the rock in place.  He also mentioned that there are steel friction plates in between the foam which prevents the foam from sliding back and forth.

Dr. Sindhwani mentioned that the Mueser Rutledge Report stated in order for them to scale the rock back, the Pelham Medical Building must be demolished.  He informed the village he does not want his building to be demolished which is why he has hired two sets of engineers thus far to determine the best remediation plan possible.  He feels a retaining wall is the preeminent solution.

The village rejected the plan as proposed by Pelham Medical Group for the rock cliff correction and remediation behind the Pelham Medical Group building.  Hence, the village exercises its right for litigation to remediate the rock cliff behind the Pelham Medical Group building.

A motion was made by Trustee Homan, with a second by Trustee Greco to adopt the resolution.  The motion passed unanimously by vote of seven in favor, none opposed.

RESOLUTION

REJECTING THE PLAN AS PROPOSED FOR THE

ROCK CLIFF CORRECTION AND REMEDIATION

PLAN-OF-ACTION FOR PELHAM MEDICAL GROUP BUILDING

WHEREAS, it has been determined that an unsafe condition exists in regard to the structure located on property at 116 Fifth Avenue, Village of Pelham, designated as Section 1, Block 176, Lot 2 on the Tax Map of the Village of Pelham, which structure is commonly referred to as the Pelham Medical Group building (the “PMG Building”), which unsafe condition was and is being caused by the weight and mass of a rock slope resting against the rear of the PMG Building;

WHEREAS, on or about January 24, 2006, the owner of the PMG Building was ordered to remediate the unsafe condition;

WHEREAS, public hearings and meetings were held before the Village of Pelham Planning Board on February 16, 2006, March 14, 2006, March 28, 2006, April 3, 2006, April 11, 2006, May 9, 2006, June 19, 2006 and June 26, 2006 and before the Board of Trustees on June 20, 2006 and June 27, 2006, wherein discussions were held and/or the owner of the PMG Building presented plans and revisions to plans relating to the remediation of the unsafe condition;

WHEREAS, plans were submitted relating to the remediation of the unsafe condition dated­, February 16,2006, revised March 14, 2006, March 28, 2006, April 3, 2006, April 11, 2006, May 9, 2006, and  further revisions were submitted on June 13, 2006, which included the following:

1)     Construction Consulting Corp. Letter dated June 8,2006

2)     Structural Calculations and GeoTechnical Reports for rock removal, prepared by the office of Bharati, PE, P.C., dated June 7^th 2006.

3)     Continental  Placer, Inc. memo dated June 2^nd 2006

4)     As follows:

A.     Stabilization plan for Pelham Medical group, drawing no. S-1, dated May 26, 2006, revised June 8, 2006.

B.     Elevation of rock face for Pelham Medical Group drawing no S-2, dated May 26, 2006 revised June 8, 2006.

C.     Sections and details for Pelham Medical Group, drawing no. S-3, dated May 26, 2006 and revised June 8, 2006.

D.     Sections and details for Pelham Medical Group, drawing no.S-4, dated March 10, 2006, revised June 8, 2006.

E.      Site Plan for Pelham Medical Group, drawing no S-5, dated March 10, 2006, revised June 8, 2006.

F.      General notes for Pelham Medical Group, drawing S-6, dated May 26, 2006, revised June 8, 2006.

G.     Topographic/boundary survey dated March 7, 2006.

BE IT RESOLVED, by the Board of Trustees of the Village of Pelham that the rock cliff remediation plan proposed by Bharati, P.E., Engineers of West Nyack, New York is hereby denied and the applicant is directed to make a new application to the Planning Board  and advised to submit a new plan adhering to  the Planning Board’s recommendation as supported by advisement given by the Village’s Consulting Engineer, Carlin Simpson Consulting Engineers of Sayreville, New Jersey (“Carlin Simpson”); and

BE IT FURTHER RESOLVED that Carlin Simpson, in a Memorandum dated March 16, 2006, regarding their review of the plans submitted, found that the drawings and calculations submitted by the applicant are incomplete based, in part, upon the failure to include essential engineering details and calculations and the lack of plans for the collection and conveyance of stormwater.  All new submissions must be complete and must provide all engineering details and calculations required and within the format of the comments of the Carlin Simpson Memorandum. 

BE IT FURTHER RESOLVED that the remediation plans as submitted involve the removal of an estimated 1200 to 1600 cubic yards of rock, and the construction of a retaining wall. The consensus of the Board is that a retaining wall may be constructed, but that the extent of the proposed rock removal is excessive and beyond the need to remediate the unsafe condition.

BE IT FURTHER RESOLVED Carlin Simpson has advised the Planning Board and the Board of Trustees that the remediation of the unsafe condition relating to the PMG building could be accomplished with a much less extensive amount of rock removal that would leave the base of the rock slope approximately 8 to 10 feet from the rear wall of the PMG Building.

Carlin Simpson has also advised the Board of Trustees that rock drilling equipment smaller in size exists and is available and can be put in place and operated to achieve remediation without requiring the extensive rock removal proposed in the plans as submitted.

BE IT FURTHER RESOLVED, that the Board of Trustees hereby refers the owner of the PMG Building back to the Planning Board with the directive to present new plans and drawings and to show the relocation of the new wall at a point on the property in question no further distant from the rear wall of the PMG Building than 8 to 10 feet. In addition there shall not be any new rock disturbing activity on the slope within 10 feet of the eastern or rear property line of the property on which the PMG Building is located. The plans must maintain a 10 foot setback from the neighboring properties; and

BE IT FURTHER RESOLVED, that the Mayor, Village Administrator, Building Inspector and other appropriate Village officials are authorized to take all necessary and appropriate actions to effect this determination and  to implement the remediation of the unsafe condition, including but not limited to the issuance and prosecution of notice(s) of violation and commencement of litigation pursuant to Village Law § 7-714.

Item #8-B –  Authorizing Commencement Of Litigation Pursuant To Village Law § 7-714 And The Prosecution Of Violation(S) Of The Village Of Pelham Construction Code Regarding The Failure To Remediate An Unsafe Condition On Property Located At 116 Fifth Avenue, Village Of Pelham:

A motion was made by Trustee Hotchkiss, with a second by Trustee Merrick to adopt the resolution.  The motion passed unanimously by vote of seven in favor, none opposed.

RESOLUTION

AUTHORIZING COMMENCEMENT OF LITIGATION PURSUANT TO VILLAGE LAW § 7-714 AND THE PROSECUTION OF VIOLATION(S) OF THE VILLAGE OF PELHAM CONSTRUCTION CODE REGARDING THE FAILURE TO REMEDIATE AN UNSAFE CONDITION ON PROPERTY LOCATED AT 116 FIFTH AVENUE, VILLAGE OF PELHAM

WHEREAS, it has been determined that an unsafe condition exists in regard to the structure located on property at 116 Fifth Avenue, Village of Pelham, Section 1, Block 176, Lot 2 on the Tax Map of the Town of Pelham, which structure is commonly referred to as the Pelham Medical Group building (the “PMG Building”), which unsafe condition is being caused by the weight and mass of a rock slope resting against the rear of the PMG Building;

WHEREAS, on or about January 24, 2006, the owner of the PMG Building was ordered to remediate the unsafe condition by written notice issued by the Village of Pelham Building Inspector pursuant to Village of Pelham Construction Code, Article V, Sections 34-46(A) and 34-47;

WHEREAS, the owner of the PMG Building has failed to remediate the unsafe condition and has not presented plans regarding the remediation of the unsafe condition that were satisfactory to the Village of Pelham Planning Board and Village of Pelham Board of Trustees;

BE IT RESOLVED, that the Mayor, Village Administrator, Building Inspector and other appropriate Village officials are authorized to take all necessary and appropriate actions to remediate the unsafe condition, including but not limited to the issuance and prosecution of notice(s) of violation pursuant to Village of Pelham Construction Code, Article V, Sections 34-46(A), 47 and 195 and the commencement of appropriate litigation pursuant to Village Law § 7-714.

BE IT FURTHER RESOLVED that Keane & Beane, P.C., as special counsel for the Village of Pelham, is authorized to prosecute any such violations and commence litigation pursuant to Village Law § 7-714.

Item #9 – Consideration of site plan submitted by Lordae Realty for Phase 2 rock cliff stabilization on 5^th Avenue:

Attorney Dan Hollis reported on behalf of Lordae Realty that Phase 2 will consist of reconstruction of the buildings on Lot 18 after all of the rock is stabilized, and drainage for Lots 14, 15, 16, and 18. 

Tectonic representative George Murphy, P.E. reported they are using “gripping plates” to hold the rock together while they anchor the rock with bolts.  He reported that a lighter duty netting system will be used on Lot 18.  He estimated that the Phase 2 work being done on Lot 18 would take 2 to 3 weeks to complete.

Planning Board Chairwoman Gwen Tapogna reported that Phase 1 of the project went

smoothly.  She had a small concern with the air condition units being moved from the

ground level of the buildings to the top of the buildings. 

Bob Simpson was satisfied with the plans for Phase 2.  He reported that Phase 2 analysis factor safety is more than acceptable at 2.2.

Bill Benke of 6^th Avenue asked if the cliff would be continually monitored after the remediation for any changes.

George Murphy, P.E. of Tectonic assured the village that large netting and anchors such as the ones being used in this case have been stable in place on other projects for between 50 to 100 years.

A motion was made by Trustee Greco, with a second by Trustee Homan to adopt the resolution.  The motion passed unanimously by vote of seven in favor, none opposed.

RESOLUTION

AUTHORIZING THE PHASE 2 ROCK CLIFF CORRECTION AND REMEDIATION

PLAN-OF-ACTION FOR LORDAE REALTY AS DISCUSSED

AT THE PLANNING BOARD MEETING OF JUNE 13, 2006 AND JUNE 26, 2006

BE IT RESOLVED, by the Board of Trustees of the Village of Pelham that the report and recommendation of the Planning Board which shall be based on the discussion and presentation by Tectonic that took place at a Planning Board Meeting at 7:30 p.m. on June 13, 2006 and June 26, 2006 and the report and recommendation of the Village’s Consulting Engineer, Robert Simpson, P.E., a Geotechnical Engineer with Carlin Simpson Consulting Engineers of Sayreville, New Jersey, specifically for the rock cliff remediation plan Phase 2 proposed by Tectonic Engineers of Mountainville, New York, are found to be acceptable and the plan is accepted to temporarily remedy the unsafe condition and stabilize the cliff behind the buildings at 126 through 142A 5th Avenue, which are owned by Lordae Realty; and

BE IT FURTHER RESOLVED, that the conditions and requirements of approval include the following:

1.      A signoff on completion of Phase 1 and a brief inspection report on soundness. 

A plan or statement of plan from the applicant’s contractor Janod on how they are going to remove the materials from the site.   A statement from Tectonic and Janod on the ability to reoccupy stores during Phase 2.

2.      A timeline for the work taking place

3.      A plan for the maintenance and protection of traffic, including a plan for closures of the street to traffic and pedestrians

4.      A barrier of eight feet in width protecting the construction and demolition site area is required under New York State Law.  Same 8ft. barrier at rear of stores closing of area of work.

5.      A Hold Harmless and Indemnification agreement naming the Village of Pelham and its officers, boards, agencies and officials is required prior to the start of work, including a statement that the Village is not responsible for any damage caused by the work

6.      On-site 3^rd party engineering oversight of all work at all times to be paid for by the applicant.  Reports submitted weekly and site visits by Bob Simpson arranged by Tectonic.

7.      Performance Bond to ensure completion of Phase 2 of the rock demolition work.

8.      Applicant pre-work structural surveys of adjacent residential properties to the east to document the existing conditions

9.      Applicant’s contractor must provide vibration monitoring on all properties adjacent to the slope, including the “Brick Park” 2^nd Street public staircase.  Applicant must submit plan for stabilization of stairway and rock formation on North side of stairway at Brick Park.

10. A completed building permit application, along with the appropriate insurance including liability policies naming the Village of Pelham as additional insured and all appropriate fees for building and other permits paid to the Village.

11. That all conditions be complied with as listed in the June 15, 2006 letter prepared and submitted by Robert Simpson, P.E. of Carlin Simpson & Associates Engineers of Sayreville, New Jersey, and the letter is attached to and made a part of this resolution.

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 requirements as may be necessary.

Item #10 – Discussion about purchase of a GEM (electric motorcar) for enforcement:

The Administrator reported to the Board that these vehicles are available under NYS Office of General Services contract.  The NY Power Authority authorizes contribution and co-funding of about 40% of the cost for a municipality to buy one of these vehicles. 

The Administrator and the Police Department estimated a vehicle equipped as we would need it, including doors, would cost approximately $8,000 to $8,500, and he referred the Board to an attached spread sheet provided by the New York State Power Authority.

He reported that he and Chief Benefico and called the Power Authority on Friday to research whether the program is scheduled to be continued next year, or if it is running out.  Upon speaking with the Power Authority, they submitted that the program is definitely funded this year, but they are not sure about next year.   However, the Power Authority mentioned that if funding was a problem, they might consider funding at a level of 50% per vehicle, or 2-for-1.

By consensus of the Board, it was decided that the village would purchase (1) one GEM car with hard doors.

Item #11 – Authorizing the accounts payable:

A motion was made by Trustee Mohan, with a second by Trustee Homan to adopt the resolution pending review by Trustee Greco.  The motion passed unanimously by vote of seven in favor, none opposed.

RESOLUTION

ACCOUNTS PAYABLE

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/Treasurer:

Fund Name:                                                                    Amount

General Fund                                                              $23,528.98

Water Fund                                                                         $0.00

Capital Projects Fund                                                 $10,329.56      

Trust and Agency Fund                                                       $0.00

H3 Fund                                                                               $0.00

                                               Grand Total                  $33,858.54

Plus:

General Fund (Worker’s Comp Alliance)                 $182,954.00

NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof.

Item #12 – Old Business/New Business:  None.

Item #13 – Minutes:  June 20 2006:   Note:  This topic was tabled until the July 18^th meeting.

Item #14 – Adjournment:

On the motion of Trustee Homan, seconded by Trustee Mohan, the Board voted unanimously to adjourn the board meeting at 11:30 p.m.

Respectfully submitted,

Devron Wilson, Administrative Aide

Richard Slingerland, Administrator/Deputy Clerk