Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, OCTOBER 6, 2015, 7:30 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY 10803 MINUTES 1. Call To Order 2. Pledge of Allegiance 3. Mayor’s Report 4. Trustees’ Reports 5. Village Administrator’s Report 6. Public Comments # Agenda Items: Non-Recurring Items 7. Continuation of a Public Hearing on Establishing a Community Choice Held Open Aggregation (Energy) Program 8. Resolution Establishing a Standard Work Day for Appointed and Elected Approved Officials Participating in the New York State and Local Retirement Systems 9. Resolution Authorizing an Inter-Municipal Agreement between the Village Approved of Pelham and the County of Westchester for the Purpose of Mutual Aid and Rapid Response Plan for the Police Departments of Westchester County 10. Resolution Authorizing a Professional Services Agreement to Assist the Tabled Village of Pelham with Affordable Care Act Compliance 11. Other Business – Resolution Authorizing the Execution of an Escrow Approved Deposit Agreement for the Proposed 101 Wolfs Lane Development Project Recurring Items 12. Authorizing Accounts Payable Approved 13. Authorizing the Minutes of: None 14. Adjournment to Executive Session Approved Next Regularly Scheduled BOT Meetings: Tuesday, October 20, 2015 at 8:00 p.m. Tuesday, November 3, 2015 All meetings start at 7:30 p.m. unless otherwise noted. * The Agenda is subject to change.* Board of Trustees Regular Meeting Tuesday, October 6, 2015 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Volpe at 7:30 p.m. Present were Trustees Cassidy, Kagan, and Reim. Absent were Trustees Ferrara, Marty and Mutti. Also present was Village Administrator Yamuder and Assistant to the Village Administrator Scelza. Item # 2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Volpe. Mayor’s Report: Mayor Volpe reported that Matriach Development submitted a Notice of Intent to Develop Application for the 101 Wolfs Lane property. This potential project is in the very early stages. If anyone has any questions please contact Village Administrator Yamuder. Mayor Volpe reported a little walkway was created on Cliff Avenue for children to get to school. The Mayor encouraged any suggestions from the public regarding any projects. On Wednesday, October 7th the Pelham Business Club will be hosting a Meet the Mayor event in Village hall beginning at 10:00 a.m. anyone from the public is welcome to attend. Mayor Volpe discussed the use of leaf blowers at length with the Assistant Superintendent of the School District as promised from the September 29th meeting. The Village has a walking community and we are obligated to keep the sidewalks passable. The Village is looking into different concepts. Mayor Volpe echoed the Village Administrator’s comments regarding the e-mail notification system on the new website and stressed the importance of signing up for this new feature. Mayor Volpe asked his fellow Trustees if the October 20th meeting could start at 8:00 p.m. instead of 7:30 p.m. There was no objection to this request and the public will be notified of the time change. Page 2 Board of Trustees Regular Meeting Tuesday, October 6, 2015 Trustees’ Report: Trustee Cassidy reported he completed a 10 year budget by budget database and he will be distributing it to the Board. ******** Trustee Ferrara was absent. Trustee Kagan had no report. Trustee Marty was absent. Trustee Mutti was absent. Trustee Reim had no report. Village Administrator’s Report: Village Administrator Yamuder reminded residents that fall leaf collection will begin on October 15th and run through December 15th. Please bag all organics and leave them curbside for pickup. Village Administrator encouraged all residents to sign up for the Village’s new e-mail notification system at www.pelhamgov.com. Item # 6 – Public Comments John Cassone, 312 7th Avenue, asked if organic waste is placed at the curb on Wednesdays when historically it doesn’t get picked up on that day will residents be fined. Village Administrator Yamuder responded residents will not be fined. Elaine Chang, 16 Irving Place, on behalf of the Friends of the Pelham Public Library requested a variance of Chapter 77 of the Village Code regarding interior signs. Ms. Chang is working with the Art Center and Picture House on a “Pelham Reads” project for two weeks in November ending around the 15th and requested local merchant participation in terms of donations. She is asking to have Page 3 Board of Trustees Regular Meeting Tuesday, October 6, 2015 merchants who donate to the project hang small signs in their windows to promote the “Pelham Reads” project. Mayor Volpe stated this request will brought before the Pelham Business Club at the Meet the Mayor event on October 7th. Non-Recurring Items Item # 7 – Continuation of a Public Hearing on Establishing a Community Choice Aggregation (Energy) Program Mayor Volpe stated this public hearing was opened at the September 29 th meeting and discussed at length. This item will remain open for the next three weeks. Community Choice Aggregation is an energy procurement model that enables communities to put out for bid, the total demand for electricity and natural gas of participating homes and small businesses and purchase energy on their behalf. Con Ed will continue to deliver reliable power, maintain power lines and respond to service outages. They will still provide the same customer service to all residents regardless of whether they are in the Community Choice Aggregation program. Under New York State home rule a village will need to authorize itself to join the program by adopting a local law. Every household and small business will be given full advanced notice of the program’s initiation and given clear instructions on how they can opt out. The program is expected to produce savings of 4 to 5%. Page 4 Board of Trustees Regular Meeting Tuesday, October 6, 2015 Item # 8 – Establishing a Standard Work Day for Appointed and Elected Officials Participating in the New York State and Local Retirement Systems After a brief discussion led by Mayor Volpe a motion was then made by Trustee Reim and seconded by Trustee Cassidy to approve the resolution. The vote was approved by a vote of four in favor as it pertains to the appointed officials only, none opposed. Trustees Ferrara, Marty & Mutti were absent. Trustee Kagan abstained as to the Elected Official title because it relates to him. Resolution Establishing a Standard Work Day for Appointed and Elected Officials Participating in the New York State and Local Retirement Systems Whereas, New York State Employees’ Retirement System Rule 315.4 requires reporting to the Retirement System, on a form prepared by the State Retirement System, with respect to work days for certain elected and appointed officials who are members of the Retirement System and who are being reported for service credit and for whom the Village does not maintain time records; and Whereas, Rule 315.4(b) requires that the Board of Trustees adopt a resolution establishing a standard work day for each such elected or appointed office or position if the holder of that office or position is a member of the Retirement System for whom service credit is being reported. Title Name Standard Term Participates in Days/Month Work Begins/Ends Employer’s Day Time Keeping (based on (Hrs/day) System Record of Activities) (Y/N) Elected Official April 2014 to Village Trustee Adam Kagan 6 March 2016 N 2.41 Appointed Officials April 2015 to Village Administrator Robert Yamuder 8 March 2016 Y N/A April 2015 to N/A Village Clerk Terri Rouke 8 March 2016 Y Deborah April 2015 to Deputy Treasurer DelGrosso 8 March 2016 Y N/A April 2015 to Deputy Village Clerk Sandra Shriman 8 March 2016 Y N/A Assistant to the Village Christopher June 2015 to Administrator Scelza 8 March 2016 Y N/A Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the Village Clerk of this body; and Page 5 Board of Trustees Regular Meeting Tuesday, October 6, 2015 Be it further resolved, that a copy of this resolution be posted on the Village’s website for a minimum of 30 days; and Be it further resolved, that a certified copy of this resolution be filed with the New York State Retirement System within 45 days of the adoption hereof. Page 6 Board of Trustees Regular Meeting Tuesday, October 6, 2015 Item # 9 – Authorizing an Inter-Municipal Agreement between the Village of Pelham and the County of Westchester for the Purpose of Mutual Aid and Rapid Response Plan for the Police Departments in Westchester County After a brief discussion led by Mayor Volpe a motion was then made by Trustee Cassidy and seconded by Trustee Reim to approve the resolution. The vote was approved by a vote of four in favor, none opposed. Trustees Ferrara, Marty & Mutti were absent. Trustee Kagan asked why the Westchester County Arson Zone Plan is included in this agreement and how it relates to Law Enforcement. A discussion continued between the Board and Village staff. Assistant to the Village Administrator Scelza responded by explaining what the Cause and Origin Team is and how they are requested to a scene. Trustee Reim asked if the Village has an opinion on the size of our response as its referenced on page 5 of the agreement. Mayor Volpe stated he will review this with the Chief of Police and Fire Department. Resolution Authorizing an Inter-Municipal Agreement between the Village of Pelham and the County of Westchester for the Purpose of Mutual Aid and Rapid Response Plan for the Police Departments of Westchester County Whereas, pursuant to New York State General Municipal Law § 209-M, municipal police departments may answer calls for service outside of their municipal boundaries when requested; and Whereas, to ensure a synchronized response, the Westchester County Department of Public Safety has instituted a Mutual Aid Plan to organize, supervise and coordinate both cooperative and reciprocal assistance in which personnel, equipment and physical facilities of all participating departments; and Whereas, the Village of Pelham has been party to an existing Mutual Aid Agreement with the County of Westchester for many years; and Whereas, the current agreement expired as of July 30, 2015 and the County of Westchester has proffered an updated agreement and sent it to the Village of Pelham for its consideration for a term of five-years commencing on July 31, 2015 through July 30, 2020. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham authorizes the Mayor to execute an inter-municipal agreement with the County of Westchester providing for its Page 7 Board of Trustees Regular Meeting Tuesday, October 6, 2015 continued participation in the Mutual Aid and Rapid Response Plan pursuant to New York State General Municipal Law § 209-M; and 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 resolution. Page 8 Board of Trustees Regular Meeting Tuesday, October 6, 2015 Item # 10 – Authorizing a Professional Services Agreement to Assist the Village of Pelham with Affordable Care Act Compliance Mayor Volpe stated the Village is required to comply with the provisions of the Affordable Care Act. Village Administrator Yamuder recommended entering into a professional services agreement with CPI-HR due to the complexity of the law. Trustee Kagan asked if we could share costs with the Town and the Village of Pelham Manor by entering into an inter-municipal agreement for these services. Trustee Kagan would also like to see the Employee Handbook updated as it relates to the law. This item was tabled and will be taken up at the October 20th meeting. Resolution Authorizing a Professional Services Agreement to Assist the Village of Pelham with Affordable Care Act Compliance Whereas, the Village is required to comply with the provisions of the Affordable Care Act and must establish policies and procedures to implement this requirement; and Whereas, CPI-HR provides municipal consulting services related to the implementation and requirements mandated by the Affordable Care Act and has proffered an agreement for the period of October 6, 2015 through October 5, 2016 at a cost not to exceed $8,500.00. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham authorizes the Village Administrator to execute a professional services agreement with CPI-HR (attached hereto and made a part hereof) for Affordable Care Act consulting services for the period of October 6, 2015 through October 5, 2016 in an amount not to exceed $8,500.00; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effect this resolution. Page 9 Board of Trustees Regular Meeting Tuesday, October 6, 2015 Item # 11 – Other Business After a brief discussion led by Mayor Volpe a motion was then made by Trustee Kagan and seconded by Trustee Reim to approve the resolution. The vote was approved by a vote of four in favor, none opposed. Trustees Ferrara, Marty & Mutti were absent. Resolution Authorizing the Execution of an Escrow Deposit Agreement for the Proposed 101 Wolfs Lane Development Project Whereas, pursuant to §70-2 of the Pelham Village Code, the Board of Trustees may require the establishment of an escrow account, from which withdrawals shall be made to reimburse the Village for the costs of professional review services; and Whereas, Matriarch Development (“Matriarch”) has proposed to develop a mixed-use building at 101 Wolfs Lane in the Village; and Whereas, the Village and Matriarch agree that the Village will incur legal and other costs in reviewing and processing of the application, including, but not limited to site plan review and evaluation of the project under the State Environmental Quality Review ACT (SEQRA). Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham authorizes the Village Administrator to execute an escrow deposit agreement with Matriarch Development of Pelham Manor, NY (attached hereto and made a part hereof); and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effect this resolution. Page 10 Board of Trustees Regular Meeting Tuesday, October 6, 2015 Recurring Items Item # 12 – Authorizing the Accounts Payable Mayor Volpe audited the Accounts Payable. After a brief discussion a motion was made by Trustee Kagan and seconded by Trustee Cassidy to approve the resolution. The vote was approved by a vote of four in favor, none opposed. Trustees Ferrara, Marty and Mutti were absent. Resolution Authorizing the Accounts Payable Whereas, pursuant to § 5-524 of the New York State Village Law, the Board of Trustees shall audit all claims against the Village. Now, therefore, be it 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 $14,759.41 Water Fund $0.00 Capital Projects Fund $0.00 Trust and Agency Fund $0.00 TE Expand Trust Fund $0.00 Grand Total $14,759.41 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Page 11 Board of Trustees Regular Meeting Tuesday, October 6, 2015 Item # 13 – Authorizing the Minutes of: No minutes. Item # 14 – Adjournment to Executive Session A motion was made by Trustee Reim and seconded by Trustee Kagan to adjourn the public portion of the Board meeting at 8:08 pm and go into Executive Session to discuss a particular personnel matter and an update on a litigation matter after which time the Board would adjourn for the evening. The vote was approved by a vote of four in favor, none opposed. Trustees Ferrara, Marty and Mutti were absent. Respectfully submitted, Christopher Scelza Assistant to the Village Administrator Page 12