Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, FEBRUARY 18, 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. Authorizing the Appointment of a Part time Secretary to the Chief of Tabled Police 8. Authorizing the award of Contract #2014-01 – Solid Waste and Recycling Approved Collection 9. Discussion On Amending Chapter 77 Of The Code Of The Village Of Discussed Pelham Regarding Portable Signs 10. Discussion On Amending Chapter 87 Of The Code Of The Village Of Discussed Pelham Regarding Wireless Telecommunications Facilities 11. Resolution Authorizing Engagement of Legal Services to Jointly Oppose Discussed Proposed United Water Rate Increase 12. Other Business- Crime Stoppers Request Approved Recurring Items 13. Authorizing Accounts Payable Approved 14. Authorizing Minutes of: January 23, 2014 Approved 15. Adjournment to Executive Session Approved Next Regularly Scheduled BOT Meetings: Tuesday, March 4, 2014 Wednesday, March 19, 2014 Item #1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Deputy Mayor Volpe at 7:30 p.m. The following members of the Board of Trustees were present: Mayor Cassidy, Trustees Senerchia, Mutti, Marty, Volpe, McGoldrick, and Kagan The following members of the Board of Trustees were absent: Board of Trustees Regular Meeting Tuesday, February 18, 2014 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 began his report by saying he had dinner with the Town Supervisor and the Mayor of Pelham Manor. He said it was a productive meeting and he hoped to continue this communication between the Village and Town governments. The Mayor commented that the DPW has done a great job of keeping the Village clean in the face of a bad winter. He said they should be commended on their efforts. He added however that overtime will be over budget which causes the Board some concern as it moves into the budget cycle. Mayor Cassidy stated that two past members of the Pelham government had recently passed away. He said Tom McCann who formerly served as Village Trustee had died and that Bill Pena a representative of the Republican Party had also passed away. The Mayor finished his report by saying that he has heard repeated complaints about Metro-North. He said with regard to other utilities such as Con Ed, Metro-North appears unresponsive to the issues raised regarding noise and maintenance on their property. Trustees Reports: Trustee Kagan None Trustee Marty None Page 2 Board of Trustees Regular Meeting Tuesday, February 18, 2014 Trustee McGoldrick- via Skype None Trustee Mutti Trustee Mutti stated she is writing a grant to have a footpath created that will run through the B&W site. She added that Hank White and Administrator Yamuder are helping her rewrite the Wolfs Lane Park grant to assist in covering the costs for the Children’s Adventure Park. Trustee Senerchia Trustee Senerchia stated that a new business, Simply Sweets, will be opening at 130 5th Avenue. He thanked the DPW for their snow removal operations and urged residents and merchants to thank them as well. He said he is finalizing a welcome packet with the Village Clerk. He said he hopes to have more report in future meetings. Trustee Volpe None Village Administrator’s Report None Item #6–Public Comment Richie Bell of 105 5th Avenue thanked the Board for keeping taxes down and lowering the parking permit rates. He said they had kept their word as part of their campaign promises. He also thanked the DPW and Sanitation workers for their efforts in keeping Pelham clean. Item #7– Authorizing the Appointment of a Part time Secretary to the Chief of Police Administrator said this resolution appears on the agenda again because there was some discussion at the last meeting regarding whether the position of part-time secretary was subject to the requirements of civil service. He said in the interim between meetings he determined that this Page 3 Board of Trustees Regular Meeting Tuesday, February 18, 2014 position is a civil service position and is subject to the requirements of Westchester County Civil Service. Trustee Volpe asked what that means in terms of position obligations on the part of the Village. Administrator Yamuder responded that this is a non-competitive Civil Service title which means that the Village does not have to hire from a list of other applicants. Mayor Cassidy stated that this position fulfills a need by the Chief of Police and the Board has already determined that the Secretary will not receive benefits. Trustee Kagan asked if there are any other obligations the Village would be subject to in accepting this new hire. Administrator Yamuder responded that he was not aware of any other employee obligations. Trustee Volpe said although the Board approved this resolution at the last meeting he wanted to make sure that the Village will not be subject to employee benefit and other obligations by approving the hiring. The Board decided to table this resolution until a later meeting. BE IT RESOLVED, that the Mayor and Board of Trustees of the Village of Pelham hereby appoints Donna Shirreffs, 146 Loring Avenue, Pelham New York, effective immediately, to the position of Senior Typist (part time) reporting to the Police Chief, with an appropriate job description, subject to the requirements of Civil Service, with a one year probationary period and authorizes the Mayor, the Village Administrator and the Police Chief to take the necessary and appropriate actions to effect this appointment. Item #8– Authorizing the award of Contract #2014-01 – Solid Waste and Recycling Collection Mayor Cassidy stated that the Village’s sanitation contract is up at the end of the month. He said the Board has received several proposals from different sanitation companies for various options that include curbside vs. rear-yard garbage collection. The Mayor said before inviting the public to comment that residents should keep any comments positive and respectful. He added that flyers had been distributed throughout the Village regarding different options. He said the Village wanted to confirm that those flyers were distributed by AAA Carting; not the Village of Pelham. Page 4 Board of Trustees Regular Meeting Tuesday, February 18, 2014 Tyler Retner of 15 Brookside said there appeared to be some options for increased recycling collections. He suggested the Village look into coordinating a drop off point for Village residents if this is not an option. Mayor Cassidy responded that an increase in recycling collection as per the current specifications would result in an increase of approximately $85,000. He said the input such as recycling drop off locations are welcome however they are not an option at this time of the contractual acceptance process. Pat Cartelemi Jr. of AAA stated that the Village could achieve savings by choosing one of the options provided in their bid that includes increased recycling. Joe Spiezio of R&S Waste Services stated that his company is flexible to the Village’s needs as well. Mike Carpenter of 50 Central Avenue said the Board will be focusing on its coming budget in coming weeks. He suggested continuing the contract on a month-to-month basis until the Board has a better grasp of the budget ramifications. Mayor Cassidy said residents remain adamant that taxes are too high and extending this contract any further would be fiscally irresponsible. He stressed the need to stay under the proposed tax cap. The Mayor added that to accept Alternative III which maintains the current pickup schedule on the options provided by the three sanitation bidders; the low bid is $108,000 cheaper than last year’s contractual payments. The Mayor said this is one of the most discussed items for the Board. He said they are elected to do what is best for the Village and at this point in time, must come to a decision to prepare for the budgeting discussions which will begin shortly. Pat Cartelemi Jr. of AAA stated he had spoken with Village residents and based on his interactions he guessed that approximately 40% of the Village already does curbside pickup with the remaining 20% still performing rear-yard service. Trustee Volpe stated that he has had numerous interactions with Pelham residents. He said that Mr. Cartelemi’s non-scientific data that he is quoting is challenged by the responses he has received from residents. Trustee Volpe stated he has pressed for an early review process of Village contracts and would encourage more input from the public for future consideration. Mr. Cartelemi stated this is a qualification based bid and stated that R&S is not qualified for this type of contract. Administrator Yamuder stated that all references for all the bidders were investigated including reaching out other municipalities. He said the references for R&S have all returned satisfactory reports. Page 5 Board of Trustees Regular Meeting Tuesday, February 18, 2014 Trustee Kagan asked the Administrator what steps he had taken to check the references of the bidders who returned proposals. The Administrator stated he checked with the Westchester County, other municipalities who have R&S as their provider. He stated that he is satisfied that R&S can perform the work as per the contract. Mary Mahoney said she opposed curbside for reasons of safety and cleanliness. Trustee Kagan said he had received similar concerns regarding the protection of the aesthetic of the Village. Trustee Senerchia said he received similar feedback. Trustee Volpe said he would encourage the Board given the comments received by the public to maintain the current level of service with a low bidder; R&S Waste as per Alternative III. Trustee Marty said curbside would be the biggest money saver for the Village but residents appeared very adamant about maintaining rear-yard collection. He said he would like to engage further and recommended Alternative III for a vote. Mayor Cassidy agreed with this line of thinking. He said the Village will realize some savings from this approach and it can continue to review this contract for eventual savings in the future A motion was made by Trustee Marty and seconded by Trustee Volpe to approve the resolution. The vote was approved by a vote of seven in favor, none opposed. WHEREAS, the Village of Pelham issued a notice to bidders and request for Bids for Contract 2014- 01 for Garbage ,Trash, Recycling And Organic Waste Collection, advertised and bid as a qualifications based bid and contract in the Village of Pelham; and WHEREAS, a public notice was duly published on Wednesday, January 15, 2014 in the Gannett Westchester Newspaper, an official newspaper of the Village of Pelham; and WHEREAS, during the notice period eight (8) companies stopped in to Village Hall to pick up copies of the contract documents; and WHEREAS, at 11:00 a.m. E.S.T., on Wednesday, January 29, 2014, the Village of Pelham publicly opened and read aloud three (3) proposals; and WHEREAS, on reviewing the proposals, the 2-year base bids for Rear Yard garbage pick-up under Alternative III were received as follows: Total Base Bid 1. R & S Waste Services, LLC. of New Rochelle, NY $1,064,346.00 2. AAA Carting of Cortlandt Manor, NY $1,364,200.56 Page 6 Board of Trustees Regular Meeting Tuesday, February 18, 2014 3. Suburban Carting of Briarcliff Manor, NY $1,648,320.00 WHEREAS, Administrator Robert Yamuder has determined that the lowest responsible 2-year base bid for Rear Yard garbage pick-up under Alternative III that meets requirements is R & S Waste Services, LLC of New Rochelle, NY. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby award Contract 2014-01 for Garbage Trash, Recycling and Organic Waste Collection, advertised and bid as a qualifications based bid and contract in the Village of Pelham to R & S Waste Services, LLC, NY, at the base total cost of One million sixty-four thousand, three hundred and forty –six dollars and no cents ($1,064,346.00), plus containers for DPW waste as provided in the bid and contract; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Pelham hereby acknowledge the provisions in the bid for two (2) one-year extensions at stated prices in the bid and contract documents, which are hereby declared to be reserved for future consideration at the sole discretion and determination at a future date by the Mayor and Board of Trustees upon the recommendation of the appropriate village staff; and be it FURTHER RESOLVED, that the Mayor, Village Attorney, DPW General Foreman and Village Administrator are authorized to take the necessary and appropriate actions to effect and execute this contract for these services Item #9– Discussion On Amending Chapter 77 Of The Code Of The Village Of Pelham Regarding Portable Signs Trustee Senerchia stated that he spoke to the Building Inspector regarding the “A” frame portable signs regarding some rules and regulations that could be set in place to allow merchants to make use of these signs. He said that he spoke to and investigated other municipality’s guidelines when developing these rules and regulations. He said he hopes to create a uniform set of regulations that would allow a merchant to get a permit for an approved sign through the Village Building Inspector. Mayor Cassidy said he could envision a permit and a small fee to maintain control over the proliferation of these signs. Trustee Senerchia stated the Building Inspector had suggested a sticker that could be placed on the sign to show compliance at a glance. Administrator Yamuder said RJ Impastato, the Village’s insurance broker, sent over a comprehensive hold harmless agreement as a sample for Trustee Senerchia to review. Page 7 Board of Trustees Regular Meeting Tuesday, February 18, 2014 Item #10– Discussion on Amending Chapter 87 of the Code of the Village Of Pelham Regarding Wireless Telecommunications Facilities Mayor Cassidy said the Board has just received a draft of the revised wireless telecommunications law. He said Board is trying to update an out dated section of the Code. He hopes to have it ready by the March 4, 2014 Board of Trustees meeting. John Cassone of 7th Avenue suggested a “sunset” clause that would make the Board revisit this section of the Code on a regular basis. Mayor Cassidy said he can reach out to the Westchester Municipal Officials Association (W.M.O.A.) for further input. He said Pelham is not alone in dealing with issues like these. Item #11– Resolution Authorizing Engagement of Legal Services to Jointly Oppose Proposed United Water Rate Increase Administrator Yamuder confirmed that the Village’s percentage of the consortium to oppose the United Water proposed increase is based on population from the 2010 Census. He said as Pelham has a slightly higher population which accounts for the higher percentage of the payments to the consortium. Mayor Cassidy said the proposed 22.9% increase for water customers in the Village of Pelham is extreme and said working with other communities will increase the Village’s leverage in dealing with United Water. BE IT RESOLVED, that the Mayor and Board of Trustees of the Village of Pelham hereby authorize the retention of legal Services to Jointly Oppose Proposed United Water Rate Increase necessary; and BE IT RESOLVED, that the Mayor and Board of Trustees of the Village of Pelham hereby authorize the Mayor, the Village Attorney and the Village Administrator to sign the necessary contracts and agreements to obtain these services. MUNICIPALITY PERCENTAGE MINIMUM HOURS CAPPED HOURS City of New Rochelle 48.2% $28,763 $47,236 Town of Eastchester 20.4% $12,174 $19,992 Village of Dobbs Ferry 7.2% $4,297 $7,056 Village of Hastings-on-Hudson 5.1% $3,043 $4,998 Village of Bronxville 4.2% $2,506 $4,116 Village of Tuckahoe 4.2% $2,506 $4,116 Page 8 Board of Trustees Regular Meeting Tuesday, February 18, 2014 Village of Pelham 4.1% $2,467 $4,018 Village of Pelham Manor 3.5% $2,089 $3,430 Village of Ardsley 3.1% $1,850 $3,038 Item #12– Other Business- Crime Stoppers Request Administrator Yamuder stated the Village has received a request from Crime Stoppers requesting $1,000.00 for the rewards offers and to cover daily operating costs. He said the organization has received support but not funded for the past seven or eight years. Mayor Cassidy said Pelham has experienced two notable incidents in recent years which Crime Stoppers has been a resource to the community. He said these requests are sporadic but assist in the generation of rewards for information to law enforcement agencies. Trustee Kagan asked if Police Chief Benefico would support this request for funding rewards. Trustee Marty asked what the Village would receive for its thousand dollars. Trustee Senerchia said he had received a text from one of the Village Police Detectives who said that Crime Stoppers is a valuable resource for the department. 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 #12– Authorizing the Accounts Payable Trustee Kagan audited the Accounts Payable. A motion was made by Trustee Kagan and seconded by Trustee Volpe to approve the resolution. The vote was approved by a vote of six in favor, none opposed. Trustee Senerchia abstained due to emergency work performed by his firm. The Board reviewed one of two bills from the law firm Wilson Elser and said they would seek reimbursement from an escrow fund established by the proposed developer of the 185 Lincoln Avenue site. This escrow account was setup by the developer for the Village use for legal and zoning costs. With regard to the second bill from Wilson Elser, Trustee Volpe said it was his understand that there is a standing arrangement with the Village and Extenet that the Village can seek reimbursement from Extenet for legal expenses however, Extenet reserves the right to deny payment if they choose. Village Attorney King confirmed that is the arrangement in place. Page 9 Board of Trustees Regular Meeting Tuesday, February 18, 2014 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 $105,107.71 Water Fund $00.00 Capital Projects Fund $4,041.00 Trust and Agency Fund $0.00 CD NYS Main Street Fund $0.00 H3 Fund $0.00 TE Expand Trust Fund $0.00 Grand Total $109,148.71 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Item #13– Authorizing Minutes of: January 23, 2014 A motion was made by Trustee Kagan and seconded by Trustee Marty to approve the resolution. The vote was approved by a vote of seven in favor, none opposed. January 23, 2014- Approved Item #14– Adjournment to Executive Session A motion was made by Trustee Volpe with a second by Trustee Senerchia to adjourn the public portion of the Board meeting at 10:15 pm and go into Executive Session to discuss a contractual and 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 10 Board of Trustees Regular Meeting Tuesday, February 18, 2014 Page 11