Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, NOVEMBER 17, 2015, 8:15 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. Presentation by EcoPel for Proposed Downtown Pelham Municipal Discussed Recycling Containers 8. Resolution Authorizing a Professional Services Agreement to Assist the Approved Village of Pelham with Affordable Care Act Compliance 9. Resolution Authorizing the Village-Wide Bagging of Short-Term 2 & 3 – Approved Hour Limit Parking Meters for Holiday Shopping Starting on Friday, December 18th through Monday, January 4th 10. Resolution Authorizing Drainage Improvements on Nyac Avenue Tabled 11. Resolution Authorizing the Acceptance of the Terms of a Retirement Approved Agreement from a Village of Pelham Employee 12. Resolution Authorizing Improvements to Open Parking Lot # 2 on Fifth Approved Avenue and Third Street (to include new fence, meter times and signage) 13. Discussion on Professional Engineering Design Services for three Local Tabled Pre-Disaster Mitigation Storm Drainage Projects 14. Other Business – Resolution Authorizing Engagement Letter with Wilson Approved Elser Moskowitz Edelman & Dicker LLP, Resolution Authorizing Street Approved Closure for the Town Holiday Tree Lighting Ceremony and Parade, Discussed Statement of Expenditures and Revenues as of October 31, 2015 Recurring Items 15. Authorizing Accounts Payable Approved 16. Authorizing the Minutes of: November 3, 2015 Approved 17. Adjournment to Executive Session (if needed) Approved Next Regularly Scheduled BOT Meetings: Tuesday, December 1, 2015 Tuesday, December 15, 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 17, 2015 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Deputy Mayor Mutti at 8:20 p.m. Present were Trustees Cassidy, Ferrara, Kagan, Marty, Mutti and Reim. Mayor Volpe entered at 8:30 p.m. 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 Deputy Mayor Mutti and was followed by a moment of silence for the recent tragedy in Paris. Mayor’s Report: Mayor Volpe reported that the potential developers of 101 Wolfs Lane had put $15,000.00 into an escrow account and the Village had hired legal and planning professionals. Mayor Volpe reported that there had been a gas leak in the Village which Con-Ed had resolved as of that morning. Mayor Volpe expressed his concern over issues like gas leaks, and the Village’s means of communicating with residents. The gas leak required Con-Ed to access homes in the area, and the Mayor stated that the Village should explore alternate methods for notifying residents, possibly through the new website, with an email system or possibly through a neighboring buddy system in case Village staff or professionals need to access houses to prevent them from being forcibly entered. He stated that this is a very important issue that he and Trustee Ferrara would be discussing further. Mayor Volpe reported that he would be meeting with the County Executive on November 25, 2015 to discuss issues concerning the community. Page 2 Board of Trustees Regular Meeting Tuesday, November 17, 2015 Trustees’ Report: Trustee Cassidy expressed concern over Parking Lot 2, which has a confusing mix of rules and is in bad shape. He stated that this is a prime spot to develop and the Board should consider taking action. Trustee Cassidy echoed Trustee Mutti’s sentiments over the tragedy in Paris, and acknowledged the Board of Trustees role in ensuring public safety is a priority in our community. ******** Trustee Ferrara reminded the public of two upcoming events. On December 1, the Chamber of Commerce is sponsoring a Social Media Seminar which is free for all Pelham Businesses. The Christmas Tree Lighting will be on December 5 and she encouraged everyone to come out, as this year’s event will be bigger than ever. ******** Trustee Kagan reported that the Village’s franchise agreement with Cablevision expires in 2016. He also reported that in July AT&T requested an expansion to their footprint on the roof of the firehouse. After negotiating back and forth, AT&T has now prepared an amendment to the existing lease agreement. ******** Trustee Marty reported that Matriarch Development, the potential developers of 101 Wolfs Lane, had put money in an escrow account, at the Village’s urging, to be used to pay for legal counsel and planning consultants. Trustee Marty and Building Inspector Russo had met with Matriarch to discuss next steps, which would include a pre-submission of designs for the proposed development, to be reviewed by Building Inspector Russo and the Village’s planning consultants. ******** Trustee Mutti reported that the Village holiday decorations would be going up before the tree lighting on December 5. The Village has been working with the Pelham Preservation and Garden Society on the Historic District. New York State will be coming to Pelham for a site visit at the Boston Westchester and Highbrook Highline locations. Trustee Mutti reported that Metro North has finished their drainage work under the bridge on Highbrook Avenue. They are hopeful it will be effective, but may want to consider the area for a capital project in the future. She reported that the Pelham Preservation and Garden Society has been working with residents to draft a letter to Metro North about community concerns on their property such as lighting, repainting and repairing the east gable. Trustee Mutti reported that the slide at Woodland Park is separating and they have closed it off. They are working with the playground designers to repair it. Trustee Mutti reported that they are working with the Pelham Preservation and Garden Society on fine tuning the details for Wolfs Lane Park, as they expect to hear back from the State on the DASNY Grant any day now. Lastly, Trustee Mutti Page 3 Board of Trustees Regular Meeting Tuesday, November 17, 2015 reported that she and Lynn Honeysett, the director of the Pelham Art Center, took a sculpture tour in other communities to better understand how to bring more art into the community, possibly in Wolfs Lane Park. ******** Trustee Reim had no report. Village Administrator’s Report: Administrator Yamuder had no report. Item # 6 – Public Comments Peter Siefert, 3 Hillside Avenue, reported that he had attended a free New York State sponsored class on citizen preparedness. The course gave basic information on how to prepare for, respond to, and recover from natural and man-made emergencies. It was taught by two National Guardsmen and there were Fire, Police and Office of Emergency Management representatives present. A representative of Governor Cuomo mentioned that if any towns were interested in having a similar class in their town, to reach out. Mr. Siefert thought the class was very helpful and would benefit the community. He provided the course information to the Board and Mayor Volpe said he would discuss with the Town Supervisor and Mayor of Pelham Manor. Page 4 Board of Trustees Regular Meeting Tuesday, November 17, 2015 Non-Recurring Items Item # 7 – Presentation by EcoPel for Proposed Downtown Pelham Municipal Recycling Containers Trustee Marty explained that EcoPel had approached the Board about increasing recycling in the Village by increasing the number of recycling bins in downtown Pelham. Mark Rookwood, 216 Corona Avenue, a representative of EcoPel, explained that the purpose of the proposed project is to introduce more recycling bins to downtown Pelham, to be placed next to existing trash bins. He stated that towns such as Rye, Larchmont and Mamaronek already have similar bins in place. EcoPel has surveyed the Village and found the best places to start implementing the project. EcoPel would like to gift 5 recycling bins to the Village, and paint the existing recycling bins blue, to help differentiate them from the trash bins. Discussion followed among Mr. Rookwood and the Board about comingling, space for the cans, cooperation from businesses and pickup schedules and costs. Mayor Volpe stated that Trustee Marty, DPW Foreman Mike Shriman and a representative of EcoPel would meet to determine how to move forward. Page 5 Board of Trustees Regular Meeting Tuesday, November 17, 2015 Item # 8 – Authorizing a Professional Services Agreement to Assist the Village of Pelham with Affordable Care Act Compliance Mayor Volpe stated that the Village of Pelham would be hiring a consultant to help with reporting for the Affordable Care Act compliance. The first estimate received was very high, and they received three more. This estimate will come at or under $3,000. Administrator Yamuder stated that he believes this is a good choice and he is satisfied with the consultant’s municipal experience. Trustee Kagan asked that Item 15 titled “Governing Law Jurisdiction” be changed from Connecticut to New York. Trustee Kagan further inquired from the Village Administrator whether this company had experience with other municipalities. The Administrator stated he was satisfied this company had the necessary qualifications. A motion was made by Trustee Mutti and seconded by Trustee Reim to approve the resolution. The vote was approved by a vote of seven in favor, none opposed. 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 Whereas, Operations Inc, LLC. provides municipal consulting services related to the implementation and requirements mandated by the Affordable Care Act and the Village is desirous of utilizing these services. 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 Operations Inc, LLC. (attached hereto and made a part hereof) for affordable care act consulting services in amount not to exceed $3,000.00; 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 6 Board of Trustees Regular Meeting Tuesday, November 17, 2015 Item # 9 – Authorizing the Village-Wide Bagging of Short-Term 2 & 3 – Hour Limit Parking Meters for Holiday Shopping Starting on Friday, December 11th through Monday, December 28th. The Mayor explained that every year the Village bags meters for two weeks during the holiday season to promote shopping downtown. This allows for free 2-hour parking at all of the bagged meters. After discussion over the best dates for the bagging, the Mayor and Board chose the period of December 11 through December 28, a total of 13 days. A motion was made by Trustee Mutti and seconded by Trustee Ferrara to approve the resolution. The vote was approved by a vote of seven in favor, none opposed. Resolution Authorizing the Village-Wide Bagging of Short-Term 2 & 3 – Hour Limit Parking Meters for Holiday Shopping Starting on Friday, December 11th through Monday, December 28, 2015 Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorize the Department of Public Works and Police Department to coordinate and implement the Village-wide bagging of on- street, short term, two & three-hour limit parking meters in the Downtown during the holidays, for holiday shopping from Friday, December 18th through Monday, December 28, 2015. Vehicles may park free-of-charge at short-term two or three hour limit parking meters for a maximum of two hours. Page 7 Board of Trustees Regular Meeting Tuesday, November 17, 2015 Item # 10 – Authorizing Drainage Improvements on Nyac Avenue Mayor Volpe explained that the Board of Trustees had previously explored the possibility of a capital project to repair drainage issues on Irving Place and Nyac Avenue. However the bids received for the project were double and triple the amount expected and were rejected. The Mayor explained that Thomas Farley, 142 Nyac Avenue, has offered to contribute to the cost of the repair on Nyac Avenue, as part of the drainage issue is on his property. He had questions about how his contribution would be classified, either as a donation or copayment. The Board was not prepared to answer his questions but stated that they would look into it and let him know. The Board will be handling the drainage problems as two separate projects, Nyac and Irving, and has received new bids for the work on Nyac. They are waiting to get more information on Mr. Farley’s contribution before moving forward. Resolution Authorizing Drainage Improvements on Nyac Avenue Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Administrator to execute the attached proposal from Manor Paving, Inc. for drainage improvements on Nyac Avenue in the amount of $28,600.00 to be charged to the General Fund Storm/Sanitary Sewer Contractual Account (A.8140.400); and Be it further resolved, that the Mayor, Village Administrator and Department of Public Works General Foreman are authorized to take the necessary and appropriate actions to effect this resolution. Page 8 Board of Trustees Regular Meeting Tuesday, November 17, 2015 Item # 11 – Authorizing the Acceptance of the Terms of a Retirement, Separation of Employment and General Release Agreement Mayor Volpe stated that after 38 years of service, Lieutenant Rocco DelGrosso would be retiring, effective on December 26, 2015. There is a lot that Lt. DelGrossso does and has done for the community over the years. He has a full plate of job descriptions including scheduling and interacting with other police departments as well as the Department of Homeland Security. The Village is not prepared to hire another lieutenant right away, and Lt. DelGrosso has agreed to stay on as a consultant for the Police Department for a period of 12 months. He will be available for 12 hours a week at the direction of the Chief of Police, Mayor and Village Administrator to assist with Village needs. He will also be assisting in the hiring and interview process for a new lieutenant. The Village will be considering the individuals on the list who have taken the test for lieutenant. As it is a personnel issue, it will be discussed in executive session. A motion was made by Trustee Ferrara and seconded by Trustee Cassidy to approve the resolution. The vote was approved by a vote of seven in favor, none opposed. Trustee Cassidy offered his congratulations to Lt. DelGrosso, stating that he is a great representation of the Pelham Police force, and that his retirement agreement has gone smoothly, and is how things should work. It is a good decision for both parties. Resolution Authorizing the Acceptance of a Retirement, Separation of Employment and General Release Agreement Whereas, Rocco DelGrosso (“DelGrosso”) has been employed by the Village of Pelham (“Village”) since 1977; and Whereas, DelGrosso has voluntarily decided to retire from his employment with the Village, effective, December 26, 2015; and Whereas, DelGrosso and the Village have negotiated and reached the terms memorialized in the attached Retirement, Separation of Employment and General Release Agreement. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Mayor to execute a Retirement, Separation of Employment and General Release Agreement with Rocco DelGrosso attached hereto and made apart hereof. Page 9 Board of Trustees Regular Meeting Tuesday, November 17, 2015 Item # 12 – Authorizing Improvements to Open Parking Lot # 2 on Fifth Avenue and Third Street (to include new fence, meter times and signage) The Mayor explained that open Lot 2 across from the Pelham Art Center has confusing signage that needs updating. After discussing the issue with the Village Administrator, the Village Clerk, the DPW Foreman, and several business owners, they have decided to put new signage in the lot. The signs will read: “Shopping and Dining Parking, 4-hour metered parking 6:00 A.M. to 5:00 P.M. and free parking 5:00 P.M. – 1:00 A.M. with no overnight parking. The cost for the signage is very affordable. The institutional fencing will be replaced with the black fencing around other village property for safety and aesthetic reasons. The guard rail will stay in place for added safety. These meters will potentially increase revenue for the village and could provide more parking for employees of local businesses. These meters will also be bagged from December 11th to December 28th. Trustee Cassidy stated that the Board should consider further improving the lot, and repaving as a capital project. A motion was made by Trustee Mutti and seconded by Trustee Ferrara to approve the resolution. The vote was approved by a vote of seven in favor, none opposed. Resolution Authorizing Improvements to Open Parking Lot # 2 on Fifth Avenue and Third Street Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Administrator to execute the attached proposal from Gun Hill Fence Corp. for the installation of a fence in Open Parking Lot # 2 in the amount of $6,592.00; and Be it further resolved, that Open Parking Lot # 2 shall have 4 hour metered parking Monday through Sunday from 6:00 a.m. to 5:00 p.m. and free parking Monday through Sunday from 5:00 p.m. to 1:00 a.m. and to furnish and install new signage accordingly; and Be it further resolved, that the Mayor, Village Administrator and Department of Public Works General Foreman are authorized to take the necessary and appropriate actions to effect this resolution. Page 10 Board of Trustees Regular Meeting Tuesday, November 17, 2015 Item # 13 – Discussion on Professional Engineering Design Services for three Local Pre- Disaster Mitigation Storm Drainage Projects This item was tabled. Item # 14 – Other Business Mayor Volpe stated this resolution is to confirm the hiring of legal counsel for the proposed 101 Wolfs Lane Development as discussed by Trustee Marty under his report earlier this evening. The engagement letter was reviewed by Trustee Kagan and the Village Attorney. A motion was made by Trustee Marty and seconded by Trustee Ferrara to approve the resolution. The vote was approved by a vote of seven in favor, none opposed. Resolution Authorizing Engagement Letter with Wilson Elser Moskowitz Edelman & Dicker LLP Whereas, Matriarch Development has proposed to develop a mixed-use building at 101 Wolfs Lane in the Village; and Whereas, via resolution dated October 6, 2015, the Village Board of Trustees authorized the execution of an escrow deposit agreement pursuant to § 70-2 of the Pelham Village Code; and Whereas, the Village wishes to retain professional legal services from Wilson Elser Moskowitz Edelman & Dicker LLP as per the attached engagement letter dated November 2, 2015. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Village Attorney to execute the attached engagement letter with Wilson Elser Moskowitz Edelman & Dicker LLP for professional legal services related to the proposed development at 101 Wolfs Lane; and Be it further resolved, that Mayor, Village Attorney and Village Administrator are authorized to take the necessary and appropriate actions to effect this resolution. Page 11 Board of Trustees Regular Meeting Tuesday, November 17, 2015 Resolution Authorizing Street Closure for the Holiday Tree Lighting Ceremony and Parade Trustee Ferrara stated that the Town of Pelham holds a Tree Lighting Celebration every year and that this year the Chamber of Commerce and the Pelham Business Club plan to make it more of a community event. They have asked the Village of Pelham to close Fifth Avenue between Third Street and First Street on Saturday, December 5, from 3:00 P.M. to 6:00 P.M. for a short parade with Santa riding down Fifth Avenue on a fire truck and so that families can freely walk downtown to shop and visit local businesses. Many businesses will have holiday themed activities for families and special holiday treats such as hot chocolate. The Mayor and Board agreed that this is a wonderful event that encourages the community to support businesses and visit downtown. There were, however, various logistical concerns to discuss. The Mayor and Board discussed the closing of the street mid-day and where the displaced cars and traffic would go. Typically street closures are all day, so there are new challenges with clearing a street in the afternoon. They discussed whether closing the street would turn away customers during one of the few holiday weekends, instead of attracting them downtown and whether businesses on that stretch of Fifth Avenue fully supported the closing. There were also public safety concerns and insurance questions, as well as concerns over money lost from parking meters. Acting Fire Chief McCann assured the Mayor that there would be no overtime costs associated with the use of the firetruck for the parade. The Mayor and Board agreed that an approval would be subject to the Chief of Police addressing any and all public safety concerns, including the provision by the town of a certificate of insurance naming the Village as additionally insured on its policy for this event, and subject to further discussion with and approval by the affected businesses. A motion was then made by Trustee Cassidy and seconded by Trustee Ferrara to approve the resolution. After further discussion the vote was approved by a vote of seven in favor, none opposed. Be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the closing of Fifth Avenue between Harmon Avenue and Lincoln Avenue on Saturday, December 5, 2015 from 3:00 p.m. to 6:00 p.m. for the Town’s annual Holiday Tree lighting ceremony and parade; and Be it further resolved, that Mayor and Board authorize the appropriate Village officials and staff to take the necessary and appropriate actions to allow the dedication to take place. The Mayor stated that AKRF was working on a proposal on traffic in the downtown area. The Mayor and Board are exploring the possibility of reconfiguring traffic on Fifth Avenue. They will discuss this at the next board meeting. Page 12 Board of Trustees Regular Meeting Tuesday, November 17, 2015 Recurring Items Item # 15- Authorizing the Accounts Payable Trustee Cassidy audited the Accounts Payable. After a brief discussion a motion was then made by Trustee Cassidy and seconded by Trustee Ferrara to approve the resolution. The vote was approved by a vote of seven in favor, none opposed. 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 $51,810.10 Water Fund $0.00 Capital Projects Fund $0.00 Trust and Agency Fund $1,050.00 TE Expand Trust Fund $0.00 Grand Total $52,860.10 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Item # 16 – Authorizing the Minutes of: November 3, 2015 A motion was made by Trustee Kagan and seconded by Trustee Ferrara to approve the minutes of November 3, 2015 as amended. The vote was approved by a vote of seven in favor, none opposed. Page 13 Board of Trustees Regular Meeting Tuesday, November 17, 2015 Item # 17 – Adjournment to Executive Session (if needed) A motion was made by Trustee Cassidy and seconded by Trustee Kagan to adjourn the Board meeting at 10:09 pm. The motion was approved by a vote of seven in favor, none opposed. Respectfully submitted, Christopher Scelza Assistant to the Village Administrator Page 14