Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, FEBRUARY 7, 2017, 8:00 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY 10803 MINUTES 1. Call To Order 2. Pledge of Allegiance 3. Roll Call 4. Mayor’s Report 5. Trustees’ Reports 6. Village Administrator’s Report 7. Public Comments # Agenda Items: Non-Recurring Items 8. Resolution Calling for a Public Hearing on Local Law No. 1 of 2017 Tabled Regarding Development Regulations in the Business Districts and Amending Chapter 98 of the Village Code 9. Resolution Calling for a Public Hearing on Local Law No. 2 of 2017 Tabled Regarding the Development Regulations Applicable to Subdivisions and Amending Chapter 98 of the Village Code 10. Presentation on Eagle Scout Service Project at the Highbrook Highline Presented 11. Discussion on Parking Concerns along Ninth Avenue and Vicinity Discussed 12. Discussion on Parking Concerns along Third Avenue Discussed 13. Resolution Authorizing Second Year Extension to Contract # 2014-01 Approved Garbage, Trash, Recycling and Organic Waste Collection for the Period of March 1, 2017 through February 28, 2018 (Tabled from 1/3/17) 14. Resolution Authorizing an Inter-Municipal Agreement between the County Tabled of Westchester and the Village of Pelham for Telecommunications Services for Voice, Data and Video with Services Provided under the Agreement between the County of Westchester and Cablevision Lightpath, Inc. (Tabled from 1/3/17) 15. Resolution Authorizing Post-Employment Benefits for Leonard Russo Executive (Executive Session) Session 16. Resolution Authorizing Computer Service Agreement with Next Step Approved Computers, Inc. 17. Resolution Authorizing Firehouse Apparatus Floor Repairs Approved 18. Resolution Waiving Parking Requirement Stipulated in § 98-113 of the Tabled Pelham Village Code for Proposed Developments at 211-215 Fifth Avenue 19. Discussion on Highbrook Highline Tree Removal Proposal Approved 20. Other Business None Recurring Items 21. Authorizing Accounts Payable Approved 22. Authorizing the Minutes of: January 3, 2017 Approved 23. Adjournment to Executive Session Approved Next Regularly Scheduled BOT Meetings: Tuesday, February 28, 2017 Tuesday, March 7, 2017 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Volpe at 8:00 p.m. Item # 2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Volpe. Item # 3 – Roll Call: Present were Trustees Deere, Ferrara, Kagan, Mutti, Reim and Reinke. Also present were Village Administrator Yamuder and Assistant to the Village Administrator Scelza. Mayor’s Report: Mayor Volpe reported that Leonard Russo, Building Inspector has advised the Village that he will be retiring effective February 28, 2017. Mayor Volpe stated that the search for a new Building Inspector is underway. Mayor Volpe acknowledged Senator Klein’s grant for the Wolfs Lane Park improvement project, and commended Trustee Mutti for all of her hard work. Mayor Volpe addressed some of the immigration concerns raised at the meeting. He stated that the Ninth Court of Appeals and the Federal District Courts have stopped parts of the executive order on immigration. Mayor Volpe welcomed the public to express their concerns on this issue and informed the public that he cannot simply pass laws in response to public comments. The United States Constitution and New York State Constitution must be considered and followed with regard to any effort to pass local laws concerning this issue. Mayor Volpe stated that he will be reviewing the work and advice memos of the New York State Attorney General’s office, and that he and Lieutenant Jason Pallett were participants in a webinar respecting the Attorney General’s advice on these issues. Mayor Volpe stated that this issue will be further discussed in future meetings. Trustees’ Report: Trustee Deere reported that the street sign survey project is ahead of schedule and under budget. ***** Trustee Ferrara asked the public to email her at xaira.ferrara@pelhamgov.com with any parking concerns and stated that she is collecting data to complete her work with Trustee Reinke and Deere. ***** Page 2 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Trustee Kagan reported that Sprint has notified the Village that they would be removing their cell phone tower on the firehouse. Trustee Kagan stated that he is meeting with Suez, the water provider for the Village of Pelham and Trustee Michelle DeLillo of Pelham Manor on water consumption on February 17th. Trustee Kagan advised the public to pay actual bills, not estimated bills and further advised the public to refrain from automatic payments. ***** Trustee Mutti reported that Blake Bell, the Town Historian is digitizing the firehouse’s historical artifacts and advised the public to visit to view the progress. ***** Trustee Reim reported that the Village is in the budget preparation process for fiscal year 2017-18. Trustee Reim discussed the idea of a shared workspace in Pelham in an attempt to find an organized opportunity to work as a community. He mentioned that if anyone had a retail space available, he would be open for discussions with that individual in furthering the efforts of a shared work space. ***** Trustee Reinke had nothing to report. Village Administrator’s Report: Village Administrator Yamuder shared a message of gratitude from Anthony Earl regarding the quick response of the Police and Fire Departments to a medical emergency at his residence. Page 3 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Item # 7 – Public Comments Jennie Driesen, 144 Pelhamdale Avenue, presented the following statement with 76 signatures to the Village Board: "The Village of Pelham, New York, strives to be a diverse, inclusive and welcoming community to residents and visitors of all races, religions, orientations, and countries of origin. The Village Board and the Village of Pelham Police Department will always be committed to protecting innocent, law- abiding residents regardless of immigration status. The safety and well-being of everyone who lives in, works in, and visits the Village will always be our top priority. We will continue to cooperate with immigration authorities in cases that involve serious crimes. However, it is not the role of our police officers to enforce federal immigration laws. Every person in the Village of Pelham should feel safe stepping forward if he or she has witnessed a crime or been victimized themselves. Immigration status should never interfere with the cooperation and partnership we need to keep our neighborhoods safe. The focus of the Village Board of Trustees, the police department and all Village employees is on serving our community, on building relationships with our residents, and on fostering the spirit of unity that defines us. We publicly denounce acts of discrimination that seem to be occurring in the United States with more frequency. These abhorrent acts go against everything we stand for as a Village and a nation. We urge the Village of Pelham to adopt the model language recommended by the NYS Attorney General in his "Guidance Concerning Local Authority Participation in Immigration Enforcement and Model Sanctuary Provisions”. Violet Massie-Vereker, 440 Eighth Avenue, a sophomore at Pelham Memorial High School, participating in a political activist group, proposed a march in response to the executive order on immigration by the President and his administration. Violet proposed to have the march on March 4th or 5th depending on weather conditions from 2:00 p.m. – 4:00 p.m. The march would start at the Gazebo and would proceed down Wolfs Lane, move to the left on Colonial and move down Pelhamdale to Pelhdamdale Park. Violet stated that a church in Pelham would offer the use of their facilities and that the political activist group would be responsible for all clean up. Violet stated that if this proposal is approved, permits would be requested. 400 people are expected to participate including speakers such as Congressman Engle who spoke in support of the march and representatives from the organization Hearts for Refugees. Violet proposed to have the Trustees’ or Mayor join as speakers for the march. In response, Mayor Volpe and the Trustees commended the activism and asked Violet to send a formal letter of request. Mayor Volpe stated that the Supervisor for the Town of Pelham must also agree to the march since some of the areas requested by Violet fall within the Town of Pelham’s jurisdiction. Page 4 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Non-Recurring Items Item # 8 - Calling for a Public Hearing on Local Law No. 1 of 2017 Regarding Development Regulations in the Business Districts and Amending Chapter 98 of the Village Code Mayor Volpe stated that he has received comments from the Pelham Preservation and Garden Society, the Village’s Land Use Boards and former elected officials on the latest draft of the Business District Floating Zone Legislation. Mayor Volpe stated that the Board will continue to receive comments and discuss them at the February 28, 2017. Mayor Volpe stated that there will be a Work Session at 7:00 p.m. on February 20, 2017. This item was tabled. Resolution Calling for a Public Hearing on Local Law No. 1 of 2017 Regarding Development Regulations in the Business Districts and Amending Chapter 98 of the Village Code Whereas, the Village of Pelham is interested in developing a new zoning district that would encourage appropriately-scaled mixed-use development in the Village’s downtown and would make use of existing infrastructure within the Village, as well as benefit from downtown’s proximity to public transportation. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, February 28, 2017 at 8:00 pm or soon thereafter at Village Hall, 195 Sparks Avenue, Pelham NY 10803 on a proposed local law regarding development regulations in the Business Districts and amending Chapter 98 of the Village Code; and Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing. Page 5 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Item # 9 - Calling for a Public Hearing on Local Law No. 2 of 2017 Regarding Development Regulations Applicable to Subdivisions and Amending Chapter 98 of the Village Code This item was tabled. See comment under item # 8. Resolution Calling for a Public Hearing on Local Law No. 2 of 2017 Regarding the Development Regulations Applicable to Subdivisions and Amending Chapter 98 of the Village Code Be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, February 28, 2017 at 8:00 pm or soon thereafter at Village Hall, 195 Sparks Avenue, Pelham NY 10803 on a proposed local law regarding the development regulations applicable to subdivisions and amending Chapter 98 of the Village Code; and Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing. Page 6 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Item # 10 - Presentation on Eagle Scout Service Project at the Highbrook Highline Michael Ruggiero, 462 Pelham Place, presented a power-point presentation discussing the Eagle Scout Service Project he is proposing to do at the Highbrook Highline. This item was informational only with no action taken. Page 7 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Item # 11 - Discussion on Parking Concerns along Ninth Avenue and Vicinity Mayor Volpe stated the Board made some changes to deter commuter parking on Ninth Avenue. Residents have expressed their displeasure with the recently enacted restriction. Matt Bruno, 401 Ninth Avenue, spoke in opposition of the 12:00 p.m.- 2:00 p.m. no parking restriction recently enacted on Ninth Avenue. Theresa Bruno, 401 Ninth Avenue, spoke in opposition of the 12:00 p.m.- 2:00 p.m. no parking restriction recently enacted on Ninth Avenue. Patricia Mazza, 410 Ninth Avenue, spoke in opposition of the 12:00 p.m.- 2:00 p.m. no parking restriction recently enacted on Ninth Avenue. She first discussed this issue at the January 17, 2017 meeting. Thomas Ralph, 337 Ninth Avenue, spoke in opposition of the 12:00 p.m.- 2:00 p.m. no parking restriction recently enacted on Ninth Avenue. Ralph proposed parking be allowed between 10:00 a.m. – 4:00 p.m. with a five hour limit. Page 8 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Item # 12 - Discussion on Parking Concerns along Third Avenue Mayor Volpe stated in response to a concern raised by Trustee Kagan regarding a parking situation on Third Avenue he felt it would be appropriate to hear from residents regarding concerns if any that they may have. The Mayor discussed with the offending business owner and is working with Village Clerk Terri Rouke on a resolution that would involve having the employees park their vehicles at metered parking spots in the commercial district instead of in the adjacent residential districts. Tracy Neumann, 535 Third Avenue, spoke in opposition of instituting any parking restrictions on Third Avenue. She stated that commuters should not be excluded and expressed that parking issues on Third Avenue could possibly result in parking issues on Second and Sixth Avenue. John Mars, 521 Third Avenue, spoke in opposition of instituting any parking restrictions on Third Avenue. Andrea Reinke, 55 Willow Avenue, expressed concerns about cars parking to close to the corners. She felt this was a hazard to children and discussed the idea of installing a crossing. Trustee Mutti proposed a no parking at the corner sign as a solution, a proposed stop sign was briefly discussed. Page 9 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Item # 13 - Authorizing Final Extension to Contract # 2014-01 Garbage, Trash, Recycling and Organic Waste Collection for the Period of March 1, 2017 through February 28, 2018 (Tabled from 1/3/17) Mayor Volpe explained that The Village of Pelham is extending its contract with R&S Waste Services for the final year. Resolution Authorizing Final Extension to Contract # 2014-01 Garbage, Trash, Recycling and Organic Waste Collection for the Period of March 1, 2017 through February 28, 2018 Whereas, the Village Board of Trustees by resolution at its February 18, 2014 meeting awarded Contract # 2014-01 Garbage, Trash, Recycling and Organic Waste Collection to R&S Waste Services, LLC (“R&S”); and Whereas, the subject contract is a two-year base contract with two one-year extensions; and Whereas, the base Garbage Contract expired on February 29, 2016; and Whereas, the Village Board of Trustees by resolution at its January 19, 2016 meeting authorized the First Year Extension to Contract # 2014-01 covering the period of March 1, 2016 through February 28, 2017; and Whereas, the First Year Extension to Contract # 2014-01 expires on February 28, 2017; and Whereas, Village staff has determined it to be wise, expedient, and in the best interest of the Village to extend Contract # 2014-01 for the period of March 1, 2017 through February 28, 2018 on the same terms and conditions of the original base contract; and Whereas, Village staff is highly satisfied with the garbage collection services of R&S; and Whereas, the total cost of the Final Contract Extension under Alternative III Rear-Yard Garbage Collection is $612,173.00 for the period of March 1, 2017 through February 28, 2018. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Final Extension of Contract # 2014-01 with R&S Waste Services, LLC for the period for March 1, 2017 through February 28, 2018 at a total cost of $612,173.00; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effect this resolution. Motion by: Trustee Reim Seconded by: Trustee Reinke Vote: 7-0 Page 10 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Item # 14 - Authorizing an Inter-Municipal Agreement between the County of Westchester and the Village of Pelham for Telecommunications Services for Voice, Data and Video with Services Provided under the Agreement between the County of Westchester and Cablevision Lightpath, Inc. (Tabled from 1/3/17) Trustee Kagan raised some concerns at the January 3, 2017 meeting regarding the Village’s obligations under the inter-municipal agreement. Trustee Kagan discussed his concerns with a representative from the County’s Information Technology Department who will forward them to their legal department for review. This item was tabled. Authorizing an Inter-Municipal Agreement between the County of Westchester and the Village of Pelham for Telecommunications Services for Voice, Data and Video with Services Provided under the Agreement between the County of Westchester and Cablevision Lightpath, Inc. Whereas, Westchester County (“County”) is party to an agreement with Cablevision Lightpath, Inc. (“Cablevision”) dated July 26, 2016 for the provision of telecommunication services and pursuant to the terms and conditions of the agreement, the County has the option to renew for two (2) additional five-year periods; and Whereas, the County’s agreement with Cablevision allows municipalities in Westchester County to participate in the agreement for telecommunication services under the same terms and conditions; and Whereas, the Village of Pelham is desirous of receiving the aforementioned services from Cablevision under the terms and conditions of the Cablevision agreement; and Whereas, the County proffered an inter-municipal agreement for a five (5) year term and Village staff recommends the execution of the agreement. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Administrator to execute the attached inter-municipal agreement between the Village of Pelham and Westchester County to participate in their agreement with Cablevision to provide telecommunication services to the Village for the period of January 1, 2017 to December 31, 2021. Page 11 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Item # 15 - Authorizing Post-Employment Benefits for Leonard Russo (Executive Session) This item was discussed in Executive Session. Page 12 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Item # 16 – Authorizing Computer Service Agreement with Next Step Computers, Inc. Resolution Authorizing Computer Service Agreement with Next Step Computers, Inc. Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Administrator to execute the attached Computer Service Agreement with Next Step Computers, Inc., for network and computer maintenance services for the period of January 1, 2017 through December 31, 2017 to be billed on an hourly basis. Motion by: Trustee Kagan Seconded by: Trustee Mutti Vote: 7-0 Page 13 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Item # 17 – Authorizing Firehouse Apparatus Floor Repairs Resolution Authorizing Firehouse Apparatus Floor Repairs Whereas, in June 2014, the Village of Pelham (the ”Village”) contracted Antonucci & Associates Architects & Engineers (“Engineers”), LLP to perform non-destructive testing of the firehouse apparatus floor due to concerns raised by members of the Fire Department over possible structural issues; and Whereas, the Engineer’s provided professional structural engineering services leading to their written report dated June 2015 citing recommendations to brace the apparatus floor; and Whereas, the Village Administrator contacted the Engineers to re-inspect the report of bearing wall movement; and Whereas, the Engineers participated in a site visit at the Fire House on January 20, 2017 and issued an Engineer’s Field Report dated January 24, 2017 (copy attached) outlining specific recommendations including: 1) add additional horizontal solid wood blocking to existing bearing wall; 2) install wood shims in areas identified to be uneven with the ceiling of the concrete floor slab; 3) arrange to have a 24” x 24” probe of the concrete floor slab analyzed to verify the Engineer’s reported conclusions and recommendations; and 4) until the slab is repaired per recommendations stated in their report dated June 2015, the Engineer’s recommend the areas with severely deteriorated topping be protected by diamond plate sheets with grouting beneath the sheets; and Whereas, Specialty Construction Systems, Inc. has provided the Village with a proposal to incorporate the aforementioned Engineers recommendations in the short term (copy attached) totaling $17,500. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby designates the short term recommendation as an emergency condition to hire Specialty Construction Systems, Inc. to incorporate aforementioned repairs as recommended by the Engineers for an amount not to exceed $17,500. Motion by: Trustee Kagan Seconded by: Trustee Mutti Vote: 7-0 Page 14 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Item # 18 – Waiving Parking Requirement Stipulated in § 98-113 of the Pelham Village Code for Proposed Developments at 211-215 Fifth Avenue This item was tabled to allow for further review. Resolution Waiving Parking Requirement Stipulated in § 98-113 of the Pelham Village Code for Proposed Developments at 211-215 Fifth Avenue Whereas, LaGia Development Realty Corp., (hereinafter “LaGia”) is the owner of a certain property known as 211 Fifth Avenue, identified on the Village of Pelham Tax Map as Section 163, Block 36-2, Lot 21 (Glass Building – 211 Fifth Avenue) and 22 (Parking Lot – 215 Fifth Avenue); and Whereas, LaGia intends to renovate the existing building and develop an apartment building with ground level retail space on the vacant lot to the north; and Whereas, LaGia is seeking relief from § 98-113 of the Village Code entitled Parking for Non- Residential Uses pursuant to § 98-117B of the Village Code; and Whereas, the proposed development and renovation complies with all other Zoning Requirements in the Business 2 District as reported by the Building Inspector. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby waives the parking requirements stipulated in § 98-113 of the Village Code entitled Parking for Non- Residential Uses. Page 15 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Item # 19 – Discussion on Highbrook Highline Tree Removal Proposal Trustee Mutti presented a proposal from Dan Dalton, Arborist from Almstead Tree Company who reported that due to a lack of maintenance he suggests removing multiple dead trees on the Highbrook Highline for safety reasons. Trustee Mutti stated that along the wing walls, the saplings became large trees affecting the concrete, impacting the bridge. The cost to resolve this issue as stated in the proposal is $4,320.00 (“Section 1B”). Trustee Reim suggested that the Board should address the trees that are a liability issue and leave the rest for volunteer activity. Be it resolved, that the Board of Trustees of the Village of Pelham hereby approve Section 1B of the Almstead Tree Proposal dated January 16, 2017 for the removal of trees for an amount not to exceed $4,320. Motion by: Trustee Kagan Seconded by: Trustee Reinke Vote: 7-0 Page 16 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Item # 20 – Other Business No other business. Page 17 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Recurring Items Item # 21 - Authorizing the Accounts Payable Trustee Deere audited the Accounts Payable. A brief discussion took place on voucher 8232. 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 vouchers, 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 $306,988.22 Capital Projects Fund $601.01 Trust and Agency Fund $1,400.00 TE Expandable Trust Fund $0.00 Grand Total $308,989.23 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Motion by: Trustee Mutti Seconded by: Trustee Reinke Vote: 7-0 Page 18 Board of Trustees Regular Meeting Tuesday, February 7, 2017 Item # 22 – Authorizing the Minutes of: January 3, 2017 January 3, 2017: Motion by: Trustee Ferrara Seconded by: Trustee Mutti Vote: 7-0 Item # 23 – Adjournment to Executive Session The public portion of the Board meeting was adjourned at 10:30 pm to enter into Executive Session to discuss two personnel matters after which time the Board would adjourn for the evening. Respectfully submitted, Christopher Scelza Assistant to the Village Administrator Page 19