Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING WEDNESDAY, JANUARY 2, 2013, 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 7:45 p.m. 7. Resolution Authorizing the Appointment of a Police Officer in the Pelham Approved Police Department 8. Resolution Authorizing the Partial Release of Retainage for PCI Paving Approved Contract #2012-1 9. Authorizing the Village of Pelham to Enter Into an Inter-Municipal Agreement Approved with Westchester County for the Coordination of Police Training and the Sharing of Police Instructors with the Police Academy 10. Public Hearing on Proposed Changes in the Commercial Zoning Code Tabled 11. Resolution Adopting Negative Declaration Pursuant To The New York State Tabled Environmental Quality Review Act Regarding Re-Zoning Of Commercial Districts In The Village Of Pelham 12. Resolution Adopting Proposed Amendment To Chapter 98 Of The Village Tabled Code To Re-Zone Commercial Districts Within The Village Of Pelham And Amend The Zoning Map Of The Village Of Pelham Committee and Community Liaison Reports 8:30 p.m. 13. Site Plan Review None 14. NYW &B None 15. Employee Benefits/HR Manual Discussed 16. Tree Committee None 17. Park Improvements None 18. Development (including 3rd Street RFP) None 19. Parking Discussed 20. KVS Accounting Software Implementation Discussed 21. Fire Task Force Discussed 22. Other Business Discussed Recurring Items 9:30 p.m. 23. Authorizing Accounts Payable Approved 24. Authorizing Minutes of: December 4, 2012, December 18, 2012 Approved 25. Adjournment to Executive Session 9:45p.m. Next Scheduled Board Meetings are: Tuesday, January 15, 2013 Tuesday, February 5, 2013 All meetings start at 7:30 p.m. unless otherwise noted. The Agenda is subject to change Board Of Trustees Meeting Wednesday January 2, 2013 Item #1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Hotchkiss at 7:30 p.m. The following members of the Board of Trustees were present: Mayor Hotchkiss, Trustees Lewis, Kagan, Marciona, McGoldrick, Marty, and Morris The following members of the Board of Trustees were absent: Village staff in attendance: Village Administrator Robert Yamuder and Secretary to the Village Administrator Peter Bonington, and Building Inspector Russo. Item #2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Hotchkiss. Reports: Mayor Hotchkiss’s Report Mayor Hotchkiss wished the residents of Pelham a Happy New Year. Trustees Reports: Trustee Lewis None Trustee Marciona None Trustee Marty None Trustee McGoldrick 2 Board Of Trustees Meeting Wednesday January 2, 2013 None Trustee Kagan None Trustee Morris None Village Administrator’s Report Administrator Yamuder said the Village is moving forward on the flooding remediation grants. He said the Village was recently notified that the 2008 LPDM funding to provide relief to the 7th Avenue and 6th Street area of Pelham has been released. He will be participating in a conference call on Friday to discuss the next steps to receive the awarded funds. Item #6–Public Comment None Item #7–Resolution Authorizing the Appointment of a Police Officer in the Pelham Police Department Trustee Lewis said the Village will be hiring John Moran III as a probationary hire to the Pelham Police Department. He said he is sure Mr. Moran will be a great addition to the force. Mr. Moran was sworn in by Mayor Hotchkiss. A motion was made by Trustee Lewis and seconded by Trustee Marty to adopt the resolution. The vote was approved by a vote of six in favor, none opposed. Trustee Morris was absent. RESOLUTION AUTHORIZING THE APPOINTMENT BY THE MAYOR OF JOHN MORAN TO THE POSITION OF POLICE OFFICER 3 Board Of Trustees Meeting Wednesday January 2, 2013 IN THE PELHAM POLICE DEPARTMENT BE IT RESOLVED, that the Board of Trustees of the Village of Pelham authorize the appointment by the Mayor of John Moran of Pelham, New York, to the position of Police Officer, attending the Police Academy starting Monday, January 7, 2013, with salary and effective date of employment determined by collective bargaining agreement with the Pelham Police Union and subject to the requirements of Civil Service, for a probationary period of eighteen months, conditioned upon graduation from the Police Academy and satisfactory completion of a pre-employment medical examination, and authorizes the Mayor, the Village Administrator and the Police Chief to take the necessary and appropriate actions to effect this offer and for Mr. Moran to begin the Police Academy on January 7, 2013. Item #8– Resolution Authorizing the Partial Release of Retainage to PCI for work under Paving Contract #2012-1 Administrator Yamuder said this resolution will release a portion of the 5% retainage the Village holds for the completion of paving work performed in the Village. He said he is requesting the Board release $10,000 of the $15,000 the Village holds to PCI for their work under the contract. He said the remaining $5,000 will be released when the contractor has finished some minor repairs to Village streets that occurred during the paving operation. Trustee Kagan asked if the remaining $5,000 would be sufficient to cover the repairs. Administrator Yamuder responded that it would be sufficient. A motion was made by Trustee Lewis and seconded by Trustee Marty to adopt the resolution. The vote was approved by a vote of seven in favor, none opposed. Resolution Authorizing the Partial Release of Retainage to PCI for Work under Paving Contract # 2012-1 BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the partial release of retainage to PCI Paving in the amount of ten thousand dollars and no cents ($10,000.00) for paving work in the Village of Pelham under Paving Contract # 2012-1;and BE IT FURTHER RESOLVED that this resolution authorizes Village Administrator/Treasurer to take the necessary and appropriate actions to effect this refund. 4 Board Of Trustees Meeting Wednesday January 2, 2013 Item #9–Authorizing The Village Of Pelham To Enter Into An Inter-Municipal Agreement With Westchester County For The Coordination Of Police Training And The Sharing Of Police Instructors With The Academy Administrator Yamuder stated this inter-municipal agreement is to allow Pelham officers to donate time at the training facilities around Westchester County. He said 43 other municipalities are taking part in this program as well. Village counsel has reviewed this agreement and has stated that it can be signed. At this time, the Administrator asked the Board to approve this agreement. A motion was made by Trustee Marciona and seconded by Trustee Morris to adopt the resolution. The vote was approved by a vote of seven in favor, none opposed. RESOLUTION AUTHORIZING THE VILLAGE OF PELHAM TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR THE COORDINATION OF POLICE TRAINING AND THE SHARING OF POLICE INSTRUCTORS WITH THE ACADEMY RESOLVED, that the Board of Trustees of the Village of Pelham authorizes the Village of Pelham to participate in a Police Training IMA for a five year period from March 21, 2012 to March 20, 2017 with Westchester County that would require, from time to time, the Village to send certified instructors to assist with the police training, which the Village utilizes when it sends candidates to the Westchester Police Academy, and the Village shall act as a part of the rotation of municipalities sharing instructors with the Westchester County Police Academy, and authorizes the Mayor, the Administrator, and the Police Chief to take the necessary and appropriate actions to sign this agreement and participate in this program Item #10– Continuing a Public Hearing on Proposed Changes in the Commercial Zoning Code Trustee Lewis summarized the events leading to this public hearing of the proposed zoning changes. He highlighted several of the notable changes made over the course of the ten public hearings including the proposed increase to the building heights as well as the intent to promote development in the downtown area. He thanked all municipal employees and volunteers who assisted in this process. When he finished, Mayor Hotchkiss asked for comments from the public. Michael Mackay of 42 Maple Avenue stated he had concerns about the proposed zoning changes which were that the Board’s authority seemed to supersede the land use boards. Mayor Hotchkiss 5 Board Of Trustees Meeting Wednesday January 2, 2013 told Mr. Mackay by saying that the Board has a final review of the project after the Village land use boards have approved the project. Mr. Mackay added that he was concerned about the economic viability of an apartment complex. Mayor Hotchkiss said the Village would require that the potential developer submit a proposal to the land use boards and the Board of Trustees for their review before any definite plans are made. Mr. Mackay responded by asking why the potential developer for the 5th Avenue and 3rd Street project cannot submit a proposal under the existing Commercial Zoning Code. Mayor Hotchkiss said the Board has still not seen any plans or specifications yet. He said he hopes these new zoning regulations more proposals may be offered to the Village. Brian Valente of the Chester Park Association said he is concerned about the proposed development in the downtown. He said there is a real concern regarding it becoming Section 8 housing. Mayor Hotchkiss said the Board shares the concerns of the public regarding the proposed development. He said the site plan review process is very long and has many opportunities for the public to voice their concerns over this potential project. Trustee Marty said that this public hearing concerns the Commercial Zoning Code specifically and said that he hopes the Board can approve these proposed changes soon. The Board can then hold a debate on the proposed development. Joe Durnin of 33 2nd Avenue said that from his experience it is easy to think that the Board knows what is best for the community. He said however that changing the Commercial Zoning Code will make the proposed project on 3rd Street “as of right” and deny the Village the power of review on this project. He stressed that the Village is not getting enough from the developer in the terms described in the MOU. The fact that 65 realtors in the Village oppose this proposed development should tell the Board that this is not the right project. He urged the Board not to vote on this resolution and to take more time to speak with the Village residents about what they want. Mayor Hotchkiss responded that prior to this proposed development becoming an option, the Village Board was attempting to revise the Commercial Zoning Code. He said this proposed project does put these changes into context, but the Board will not have created an “as of right” (meaning the Building Inspector must issue a permit and the application conforms to zoning) by approving these code changes for a specific project. Trustee Marciona added that outside developers are presenting these concepts to the Board. She said thus far no one has been able to provide suitable alternatives for this site. Susan Mutti of 62 Highbrook Avenue urged the Board to take time to explore other options regarding the proposed Commercial Zoning Changes. 6 Board Of Trustees Meeting Wednesday January 2, 2013 Roger McDaniel of 221 Highbrook Avenue asked the Board to postpone the vote on this resolution; this is just after the holidays and some people are only just becoming aware of this debate. Carol Spawn Desmond of 96 Linden Avenue addressed the Board about issues of transparency in this process. She said the proposed changes should be stated clearly for the public. She stated that the property values of 4th Avenue residents would be negatively impacted by these changes being approved. She added that a negative finding in the SEQRA review process for the potential development would require the Fire Department to purchase new equipment to reach the new building heights. Building Inspector Russo corrected Ms. Desmond. The Fire Department has and maintained equipment that is able to reach at and above the heights outlined in the proposed changes. He said all the equipment is up to code at this time. Tom Martin of 18 Maple Avenue asked the Board to table this resolution until a later meeting in the interest of getting more input from the community. He said he would like to see a more conclusive argument for these changes put forward. He finished by saying that if there is no harm in not passing the resolution tonight, the Board should hold off on a decision. Trustee Marty said that the proposed changes to the Commercial Zoning Code and the proposed development at 5th Avenue and 3rd Street are linked by circumstance. He wants to move beyond the zoning debate to discuss the development more in depth. Roger McDaniel asked the Board if it passes the proposed zoning changes, how can the Board say no to a project that Pelham does not want. He said if the Board can’t separate the zoning and the possible development now before it, there are not enough controls in place to protect the community. Trustee Kagan said in Section 79 of the Village Code, the provisions in sections J and K give the Board the authority to say yes or no to a given project. Building Inspector Russo added Chapter 79 demands compliance within the entire zoning district, not just the immediate neighborhood. He said the Village has historically been able to contest undesirable projects and has exercised that power in the past. Mayor Hotchkiss said the purpose of the zoning changes is to promote and receive qualified proposals from potential developers. Jennifer Laphey of the Pelham Preservation and Garden Society that her organization is opposed to the commercial zoning changes. She said the Board cannot reject a project if it conforms to zoning if the objection is based solely on building height. She cited the costly legal dispute over the assisted living project from several years ago. 7 Board Of Trustees Meeting Wednesday January 2, 2013 Art Scinta said he was on the Board during the assisted living dispute referenced by Ms. Laphey. He suggested the Board get another legal opinion on the question on challengeable zoning restrictions. He said he wished to discuss his objections to the commercial zoning changes. He said the immediate effect of these zoning changes would allow a back door for a commercial establishment on a largely residential street, causing a decrease in property values. Trustee McGoldrick asked what is the adverse effect of having a back door on a residential block. He said that a similar situation exists on 4th Avenue in back of DeCicco’s Market. He said that that type of situation could happen now under the existing code. Mr. Scinta responded that the current code has protections in place which these proposed changes take away. He said the Board has to assume that when changing the Zoning Code that things will happen as written. He stressed the Board should look further into a cost benefit analysis. Charles King of 105 Pelhamdale Avenue said the Board should put of approving this resolution until the Board has heard from the residents on 4th Avenue, spoken to the realtors about the perceived consequences to these zoning changes, and assured the public regarding the site-plan review process. Trustee Marciona said she felt that the Board should not vote on this issue at this meeting. She said more discussion is needed for the Board to research the issues that could be impacted by zoning changes as well as consider the public sentiment. Aimee Linn Kaplan of 203 Cliff Avenue said she began the original petition to oppose the zoning changes. She said although there was some misleading language which Trustee Kagan corrected; there is still significant opposition against these proposed changes. Jane Cook of 128 Corona Avenue asked the Board what type of development projects the Board seeking in the downtown. She said there are quality of life issues that are of concern here. Stormwater and overcrowding the schools were a concern as well. She stressed that careful development is necessary. Seth Jacobs of 10 Maple Avenue said he would like to see clarity on several points in the arguments for passing the proposed zoning changes. He said he has not seen assurances made by the Board or its legal counsel that the Village can halt a development that is not in its interest. He asked the Board to put off voting on this resolution until those assurances are made. Nigel Scott Williams of 5 Pine Avenue asked why the Board has not waited to receive plans and specifications before proceeding with this developer. He suggested if the developer could not work within the current zoning code; the developer should be required to apply for a variance. 8 Board Of Trustees Meeting Wednesday January 2, 2013 Mayor Hotchkiss stated requiring a variance will deter development. Trustee Kagan responded that developers see the variance process as a speed bump to moving forward with no guarantee of approval. He said the Board is trading that protection in hopes of enticing more creative proposals from developers while maintaining the protection of the site-plan review process. Mr. Williams said the Board is going about this process the wrong way because the potential development is driving the zoning revision process. Trustee Morris said that she has been disappointed by the tone of some of the comments that have been made on the proposed rezoning and the possible 3rd Street project, which have suggested that renters are not good enough people to live in Pelham. One member of the audience questioned whether Trustee Morris and renters pay property taxes, and said that it is a matter of economic parity rather than a disparagement of renters. Trustee Marty suggested the Board attempt to approve this resolution at the February 5 Board meeting. He said the Board should use the intervening time to prepare their responses to the “as of right” question and the permitted uses on 4th Avenue. He stressed that the Board is listening to the public and they would like to hear their opinions ideally before the next meeting so they can respond at the February meeting. Art Scinta suggested the Board prepare elevation drawings and renderings as visual aids. A motion was made by Trustee Kagan and seconded by Trustee Marciona to adopt the resolution to continue the public hearing. The vote was approved by a vote of seven in favor, none opposed. Item #11– Resolution Adopting Negative Declaration Pursuant To the New York State Environmental Quality Review Act Regarding Re-Zoning Of Commercial Districts in the Village Of Pelham The Board decided to table this resolution until a later meeting. Item #12– Resolution Adopting Proposed Amendment To Chapter 98 Of The Village Code To Re- Zone Commercial Districts Within The Village Of Pelham And Amend The Zoning Map Of The Village Of Pelham The Board decided to table this resolution until a later meeting. 9 Board Of Trustees Meeting Wednesday January 2, 2013 Committee and Community Liaison Reports Item #13– Site Plan Review None Item #14– NYW &B None Item #15– Employee Benefits/HR Manual Trustee Kagan stated that he has a few questions for executive session regarding the manual. He said the draft is nearing completion. Item #16– Tree Committee None Item #17– Park Improvements None Item #18– Development (including 3rd Street RFP) None Item #19– Parking Mayor Hotchkiss stated the Village is working on a usage agreement with Westchester County and the State of New York for two parcels of land where additional Village parking could be placed. He said the Village is waiting for surveys of these two parcels. Item #20– KVS Accounting Software Implementation Administrator Yamuder said that KVS is working on the balance sheet the Mayor and Board requested as part of the monthly financial package. Item #21– Fire Task Force 10 Board Of Trustees Meeting Wednesday January 2, 2013 Trustee Marty stated that he has done some initial research on grant opportunities for municipalities who are looking to refine their services. He asked the Administrator if he had any information on these types of grants. Administrator Yamuder said he was not sure of a particular program but would look into the matter further. He said a grant like the one described would have to have a clearly stated goal and have benefit ratio to persuade the grantee to award the funds. Trustee Kagan said the Village should look further into the requirements for a grant opportunity like this. Item #22– Other Business Trustee McGoldrick said he heard that the Mayor had discussed with the United Water of New Rochelle principles about the possibility of transitioning the Pelham Water district over to United Water. He said he supported this idea and hoped the discussions will continue. Item #22– Authorizing Accounts Payable Trustee Kagan audited the Accounts Payable. A motion was made by Trustee Kagan and seconded by Trustee McGoldrick to adopt the resolution. The vote was approved by a vote of seven 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. 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 $ 162,619.20 Water Fund $800.00 Capital Projects Fund $ 0.00 Trust and Agency Fund $0.00 11 Board Of Trustees Meeting Wednesday January 2, 2013 H3 Fund $0.00 TE Expandable Trust Fund $0.00 Grand Total $ 1,63,419.20 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above- mentioned claims and authorizes payment thereof. Item #23–Authorizing Minutes of: Authorizing Minutes of: December 4, 2012, December 18, 2012 A motion was made by Trustee Kagan and seconded by Trustee McGoldrick to adopt the resolution to approve the minutes for December 4, 2012. The vote was approved by a vote of six in favor, none opposed. Trustee Marciona was absent. December 4, 2012- Approved December 18, 2012- Tabled Item #24– Adjournment to Executive Session A motion was made by Trustee Kagan with a second by Trustee Lewis to adjourn the public portion of the Board meeting and go into Executive Session to discuss a personnel matter at 10:45 p.m. after which time the Board would adjourn for the evening. The motion was approved by vote of six in favor, none opposed. Trustee Marciona was absent. Respectfully submitted, Peter Bonington, Secretary to the Village Administrator 12