Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, NOVEMBER 3, 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 Closed Aggregation (Energy) Program 8. Resolution Establishing a Community Choice Aggregation (Energy) Approved Program in the Village of Pelham and Adoption of Local Law # 1 of 2015 9. Resolution Authorizing the Promotion of a Firefighter to the Position of Fire Approved Lieutenant in the Village of Pelham Fire Department 10. Resolution Rejecting the Bids for Contract # 2015-02 for Drainage Approved Improvements on Irving Place and Nyac Avenue 11. Resolution Authorizing the Extension of a Stipulation of Agreement for the Approved Position of Acting Fire Chief 12. Discussion on Professional Engineering Design Services for three Local Discussed Pre-Disaster Mitigation Storm Drainage Projects 13. Other Business – NYSDOT East 3rd Street Bridge Replacement and Discussed DASNY Grant for Wolfs Lane Park Recurring Items 14. Authorizing Budget Transfers for Fiscal Year 2015-16 Approved 15. Authorizing Accounts Payable Approved 16. Authorizing the Minutes of: October 20, 2015 Approved 17. Adjournment to Executive Session Approved Next Regularly Scheduled BOT Meetings: Tuesday, November 17, 2015 Tuesday, December 1, 2015 All meetings start at 7:30 p.m. unless otherwise noted. * The Agenda is subject to change.* Board of Trustees Regular Meeting Tuesday, November 3, 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 Ferrara, Marty, Kagan, and Mutti. Trustees Reim and Cassidy was absent. Also present were 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 announced that there are several new businesses that have recently opened in the Village. Soula’s Kitchen, the Chipper Truck Café, and Prime 16 are all excellent restaurants and the Mayor encouraged everyone to try them out. Mayor Volpe acknowledged the success of the Civics’ Dinner on October 30, which was attended by a record 580 guests. He recognized the event coordinators, the honorees, Ken Shirreffs and Jeanette and Anthony Senerchia, and the town-wide community who came out to show their support. Both the Villages of Pelham and Pelham Manor were well represented. The Civics’ raised a lot of money, all of which goes back to the community. Mayor Volpe stated that the group seeking to develop the property at 101 Wolfs Lane has put down a professional fee deposit, allowing the Village to retain legal counsel and a planner. The Village of Pelham has retained Wilson & Elser law firm, and AKRF Planning Consultants. Mayor Volpe invited all Village employees to attend the Village Holiday Party on December 10, 2015 at Sergio’s Restaurant from 5:00 – 7:30 p.m. Mayor Volpe stated that the Village has received a new application from Cablevision, as the company is being sold. The Mayor and Trustee Kagan will review the application. Mayor Volpe stated that the final documents for the new AT&T lease, which was done in July, were just received. Page 2 Board of Trustees Regular Meeting Tuesday, November 3, 2015 Trustees’ Report: Trustee Cassidy was absent. ******** Trustee Ferrara reported that the Pelham Business Club and the Pelham Chamber of Commerce are sponsoring social media marketing training on December 1at 6:30 p.m. at 1 Wolfs Lane. The training is available to any business in Pelham, with or without a storefront. Trustee Ferrara reported that the Tree Lighting will be on December 5. Trustee Ferrara also reported that she attended the Leadership Community Round Table sponsored by the Junior League of Pelham to discuss the mental and physical health of teens in the community. There are several resources available that will be put on the Village website. ******** Trustee Kagan reported that there was still some confusion among residents over bills from United Water. He encouraged anyone will unresolved issues to reach out to him directly at adam.kagan@pelhamgov.com. ******** Trustee Marty reported that the owners of 101 Wolfs Lane were continuing to work on a development plan for the site. Trustee Marty also reported that he had been looking into parking options for businesses in Downtown Pelham. He will be giving a report on his findings in a coming meeting. ******** Trustee Mutti reported that she met with residents of Benedict Place and a landscaper to discuss landscaping the park there. They will be reaching out to the MTA to plant trees for shade. Trustee Mutti reported that she attended the New York State Managers City/County meeting, a statewide organization of which Village Administrator Yamuder is president. They took a boat tour of the new Tappan Zee Bridge, which is about halfway completed. Trustee Mutti also recognized the great event held by the Civics on October 30, and Mayor Volpe’s great introduction for Ken Shirreffs. ******** Trustee Reim was absent. Page 3 Board of Trustees Regular Meeting Tuesday, November 3, 2015 Village Administrator’s Report: Village Administrator Yamuder reported that it is now loose leaf collection season and that leaves placed at the curb will be picked up. They will be picking up both loose leaves and leaves in paper bags. Pumpkins should be put out with leaves and will be picked up as well. Item # 6 – Public Comments No Public Comment. Page 4 Board of Trustees Regular Meeting Tuesday, November 3, 2015 Non-Recurring Items Item # 7 – Continuation of a Public Hearing on Establishing a Community Choice Aggregation (Energy) Program Mayor Volpe stated that the public hearing on establishing a community choice aggregation (energy) program was still open. He opened the floor to public comment. Chris Cohen, 304 Seventh Avenue, asked questions about who would pay for postage on welcome letters that were mailed out, and the number of letters that would be sent. Glen Weinberg of Sustainable Westchester clarified that postage would be paid for from the ESCO account that is set up, and that only one letter would be sent. Mr. Cohen then asked for clarification on how new residents of the village would be notified of the program. Mr. Weinberg clarified that residents moving into a house that previously used the program would be notified and that the existence of the program would be stated online. Mr. Cohen asked for clarification that there was no penalty for opting out at any time, which Mr. Weinberg stated was correct. A motion was then made by Trustee Kagan and seconded by Trustee Marty to close the public hearing. The vote was approved by a vote of five in favor, none opposed. Trustees Cassidy and Reim were absent. Page 5 Board of Trustees Regular Meeting Tuesday, November 3, 2015 Item # 8 – Establishing a Community Choice Aggregation (Energy) Program in the Village of Pelham Trustee Kagan brought up wording changes to be made to the resolution. A motion was then made by Trustee Kagan and seconded by Trustee Marty to approve the resolution. The vote was approved by a vote of five in favor, none opposed. Trustees Cassidy and Reim were absent. Resolution Authorizing Participation in Community Choice Aggregation (Energy) Program and Adoption of Local Law # 1 of 2015 Whereas, Sustainable Westchester, Inc., a not-for-profit organization comprised of over forty municipalities in Westchester County of which the Village of Pelham is a member, sought approval of a demonstration community choice aggregation (“CCA”) program in Westchester County in 2014, which would allow local governments to participate in a Sustainable Westchester program to procure energy supply from energy service companies (“ESCOs”) for the residents of the municipalities; and Whereas, the CCA program is intended to provide consumers with the ability to lower their overall energy costs and the potential benefits of CCA programs include price stability for a fixed contract term, lower prices, more favorable contract terms, and the ability to design a program that reflects local preferences and needs, including a preference for cleaner power sources; and Whereas, on February 26, 2015, the Public Service Commission of the State of New York approved implementation of the first CCA pilot program in New York State, which allows Sustainable Westchester to put out for bid the total amount of natural gas or electricity being purchased by local residents or small businesses; and Whereas, the Westchester pilot program is intended to include residential and small non-residential customers, and to permit the aggregation of both electric and natural gas purchases by the communities which elect to participate; and Whereas, Sustainable Westchester, Inc. will issue a request for proposals to suppliers to provide energy to participants, and will then award a contract; and Whereas, Sustainable Westchester, Inc. or the Village will request individual customer data from the current utility with due consideration for privacy, and the selected supplier will then notify the bundled customers of the contract terms and provide the customers with the opportunity to opt-out of the program; and Page 6 Board of Trustees Regular Meeting Tuesday, November 3, 2015 Whereas, based upon the plain meaning of the text and prior interpretations of the General Municipal Law (“GMU”), the Village is of the opinion that it may participate in a CCA program without undertaking a referendum as set forth in GMU §360, which applies only to the construction, leasing, purchasing, acquisition, use or ownership of a “public utility service” as defined in the GMU. Now, therefore, be it resolved, that Local Law # 1 of 2015 is hereby adopted and the Village of Pelham may enter into an agreement with Sustainable Westchester for participation in a CCA program for its residents and business consumers who are not already purchasing electricity from an ESCO, only if: 1) the default price is guaranteed to be consistently less than the utility price for the same period; or 2) the default price is fixed at a level that is less than the average utility price for the same commodity, for the same customer class, over the preceding twelve month period; or 3) the default price is first set at a level that is less than the average utility price for electricity, for the same customer class, over the preceding twelve month period, and only floats upward by less than twenty- five percent (25%) of the price increases implemented by the utilities; and Be it further resolved, that the Village agrees to notify residents and business owners eligible for inclusion in the program in a manner that the Village deems most effective and efficient in advance of any implementation of the program; and Be it further resolved, that the Mayor and Village Administrator are hereby authorized to execute any and all documents to give effect to this resolution. Page 7 Board of Trustees Regular Meeting Tuesday, November 3, 2015 Item # 9 – Authorizing the Promotion of a Firefighter to the Position of Fire Lieutenant in the Village of Pelham Fire Department Mayor Volpe stated this resolution is to promote a Pelham Firefighter, Philip J. DiSimone, to Fire Lieutenant. DiSimone is a lifelong resident of Pelham, and from a family of firemen. Mayor Volpe thanked him for his service and stated that the overwhelming support from the community and fire department was a testament to both him and his family. A motion was then made by Trustee Ferrara and seconded by Trustee Mutti to approve the resolution. The vote was approved by a vote of five in favor, none opposed. Trustees Cassidy and Reim were absent. Resolution Authorizing the Promotion of a Firefighter to the Position of Fire Lieutenant in the Village of Pelham Fire Department Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the promotion and appointment by the Mayor of Philip J. DeSimone of Pelham, NY to the position of Fire Lieutenant, from Civil Service Eligible List # 75-870, effective Friday, November 6, 2015 at an annual salary of $100,477.00 subject to the requirements of Westchester County Civil Service, for a probationary period of one (1) year; and Be it further resolved, that the Mayor, Village Administrator and Acting Fire Chief are authorized to take the necessary and appropriate actions to effect this appointment. Page 8 Board of Trustees Regular Meeting Tuesday, November 3, 2015 Item # 10 – Rejection of Bids for Contract # 2015-02 for Drainage Improvements on Irving Place and Nyac Avenue Mayor Volpe stated this resolution is to reject the bids that were received for drainage improvements on Irving Place and Nyac Avenue. There have been complaints about drainage and run-off in both locations that during the winter, have caused icy conditions. The Mayor and Board bid out the project, however the bids received exceeded the funds available in the budget. They have been advised that by breaking up the project into separate bids, the price may be lower. A motion was then made by Trustee Mutti and seconded by Trustee Ferrara to approve the resolution. The vote was approved by a vote of five in favor, none opposed. Trustees Cassidy and Reim were absent. Resolution Rejecting the Bids for Contract # 2015-02 for Drainage Improvements on Irving Place and Nyac Avenue Whereas, the Village of Pelham has solicited bids for Contract # 2015-02; Drainage Improvements on Irving Place and Nyac Avenue; and Whereas, at 10:00 a.m. on Monday, October 19, 2015, six (6) bids was received and opened as summarized below: Bidder Total Bid 1. Joken Development Corp. $143,210.98 2. Paladino Concrete Creations Corp. $146,200.00 3. Con-Tech Construction Technology, Inc. $149,169.10 4. ELQ Industries, Inc. $166,220.00 5. Montesano Bros, Inc. $199,649.00 6. Legacy Supply, LLC. $340,000.00 Whereas, upon review of the bids, the Mayor has been advised by staff that the lowest bid amount of $143,210.98 exceeds the funding available for the project, and therefore recommends rejecting the bids. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby rejects all the bids for Contract # 2015-02 for Drainage Improvements on Irving Place and Nyac Avenue. Page 9 Board of Trustees Regular Meeting Tuesday, November 3, 2015 Item # 11 – Authorizing the Extension of a Stipulation of Agreement for the Position of Acting Fire Chief Mayor Volpe explained that after Fire Chief William Stone retired, Lieutenant Chris McCann was appointed Acting Fire Chief for a period of 3 months. Acting Chief McCann has done a great job, and the fire department has been running very efficiently for the last 3 months. The Mayor and Board desire to extend Acting Chief McCann’s tenure for an additional period not to exceed four (4) months. Mayor Volpe thanked the Acting Chief and entire fire department for all of their work, and their quick response to the very serious fire outside of the middle school involving a school bus. A motion was then made by Trustee Mutti and seconded by Trustee Ferrara to approve the resolution. The vote was approved by a vote of five in favor, none opposed. Trustees Cassidy and Reim were absent. Resolution Authorizing the Extension of a Stipulation of Agreement for the Position of Acting Fire Chief Whereas, via resolution dated August 18, 2015 (attached), the Village Board of Trustees authorized the execution of a stipulation of agreement with Fire Lieutenant Chris McCann (“McCann”) to serve as the Acting Fire Chief of the Village of Pelham Fire Department for a period not to exceed three (3) months, terminating on or before October 31, 2015; and Whereas, the Board of Trustees are desirous of extending the stipulation of agreement with McCann effective November 1, 2015 for a period not to exceed four (4) months, terminating on or before February 29, 2016 with no other modifications to the agreement. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor to execute the attached stipulation of agreement with Fire Lieutenant Chris McCann to serve as Acting Fire Chief of the Village of Pelham Fire Department effective Sunday, November 1, 2015 for a period not to exceed four (4) months, terminating on or before February 29, 2016; and Be it further resolved, Fire Lieutenant Chris McCann shall continue to receive a stipend of $600.00 per week to be paid in conjunction with his regular paycheck. Page 10 Board of Trustees Regular Meeting Tuesday, November 3, 2015 Item # 12 – Discussion on Professional Engineering Design Services for Three Local Pre- Disaster Mitigation Storm Drainage Projects Mayor Volpe stated that there have been discussions about the drainage issues and potential flooding problems on the North side of town for some time now. He reported that the grant money is still available to the village and that the board will be pursuing it. Previous boards had bid out the project but the bids that came in far exceeded the funds available for the project. Mayor Volpe explained that there were seven phases to the project, and that there is grant money for three of the seven phases. The work includes improving and increasing the size of piping. The Mayor and Board will be bidding out the design and construction work for this project. The Village of Pelham will pay for a portion of the work, while the State will pay for the remaining balance. If the bids come out at reasonable costs, the Mayor and Board will approve and then have access to the grant money from the state. Item # 13 – Other Business Trustee Mutti asked Cristina Lang of Senator Klein’s office for an update on Pelham’s DASNY Grants. Ms. Lang stated that the grants had been reviewed by DASNY and were now in Senate Finance awaiting approval. There is a rush on the approval and they hope to hear back in the coming weeks. Mayor Volpe stated that they had received a SEQRA determination that the Department of Transportation would be doing work on the bridge on Boulevard West. Administrator Yamuder stated that there has been similar work done in nearby areas, and that there were little to no issues for residents. He expected the same would be true of this work. There will be public meetings to discuss the work. Page 11 Board of Trustees Regular Meeting Tuesday, November 3, 2015 Recurring Items Item # 14 – Authorizing Budget Transfers for Fiscal Year 2015-16 Village Administrator Yamuder led the Board through the 2015-16 budget transfers as it relates to the recent Police Department contract settlement. A motion was then made by Trustee Mutti and seconded by Trustee Kagan to approve the resolution. The vote was approved by a vote of five in favor, none opposed. Trustees Cassidy and Reim were absent. Resolution Authorizing Budget Transfers for Fiscal Year 2015-16 Whereas, pursuant to the provisions of § 5-520 of the New York State Village Law, the Board of Trustees, by resolution, may increase existing appropriations by transferring funds from the unexpended balance of another appropriation, from the contingent account, from available cash surplus or unanticipated revenues within a fund, or by borrowing; and Whereas, in all cases, there are sufficient unexpended balances in other appropriation accounts, excess revenues or fund balances available to cover the amendments and transfers. Now, therefore, be it resolved, that pursuant to New York State Village Law § 5-520, the Board of Trustees of the Village of Pelham hereby authorizes and directs the proper Village officers to modify the 2015-16 Budget by making the following budget transfers (attached hereto and made part hereof). Page 12 Board of Trustees Regular Meeting Tuesday, November 3, 2015 Item # 15- Authorizing the Accounts Payable Trustee Kagan audited the Accounts Payable. After a brief discussion a motion was then made by Trustee Mutti and seconded by Trustee Kagan to approve the resolution. The vote was approved by a vote of five in favor, none opposed. Trustees Cassidy and Reim 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 $96,537.34 Water Fund $0.00 Capital Projects Fund $0.00 Trust and Agency Fund $0.00 TE Expand Trust Fund $0.00 Grand Total $96,537.34 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Page 13 Board of Trustees Regular Meeting Tuesday, November 3, 2015 Item # 16 – Authorizing the Minutes of: October 20, 2015 A motion was made by Trustee Kagan and seconded by Trustee Mutti to approve the minutes of October 20, 2015 as amended. The vote was approved by a vote of five in favor, none opposed. Trustees Cassidy and Reim were absent. Item # 17 – Adjournment to Executive Session A motion was made by Trustee Marty and seconded by Trustee Mutti to adjourn the public portion of the Board meeting at 8:35 pm and go into Executive Session to discuss pending litigation after which time the Board would adjourn for the evening. The motion was approved by a vote of five in favor, none opposed. Trustees Cassidy and Reim were absent. Respectfully submitted, Christopher Scelza Assistant to the Village Administrator Page 14