Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, FEBRUARY 28, 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 Approved 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 Approved Regarding Development Regulations Applicable to Subdivisions and Amending Chapter 98 of the Village Code 10. Resolution Calling for a Public Hearing on Local Law No. 3 of 2017 to Approved Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c 11. Discussion on Immigration Related Issues Discussed 12. Resolution Authorizing Post-Employment Benefits for Leonard Russo Approved 13. Resolution Authorizing a “March for America” Event in the Village of Approved Pelham 14. Resolution Authorizing the Use of Funds for the 2017 New York Power Approved Authority Fall Tree Planting Program from the Thomas Fenlon Memorial Street Tree Fund 15. Resolution Authorizing Site Plan Application Modification at 409 Third Discussed Avenue 16. Other Business None Recurring Items 17. Authorizing Accounts Payable Approved 18. Authorizing the Minutes of: January 17, 2017 Approved 19. Adjournment to Executive Session (if needed) Approved Next Regularly Scheduled BOT Meetings: Tuesday, March 7, 2017 Wednesday, March 22, 2017 (Note: Board Elections Tuesday, March 21st) Budget Work Session Meetings: Wednesday, March 22, 2017 6:30 p.m. – Revenue and Expense Thursday, March 23, 2017 7:00 p.m. – Department of Public Works and Fire Department Monday, March 27, 2017 7:00 p.m. – Building and Police Departments All meetings start at 8:00 p.m. unless otherwise noted. *The Agenda is subject to change.* Board of Trustees Regular Meeting Tuesday, February 28, 2017 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Volpe at 8:01 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 Chuck Omen, the former Tax Receiver for the Town of Pelham has passed away. Our thoughts are with their families and friends. Mayor Volpe reported that Dr. Peter Giarrizzo notified the Board of Education that he will be resigning as Superintendent of the Pelham Public Schools effective August 16, 2017. Mayor Volpe thanked Detective Hynes on the wonderful job he did at the Danny Fund Fundraising event. Mary Doyle, a representative from the Citizens Nominating Committee spoke briefly about the upcoming School Board elections. The Committee is seeking 2 candidates and she felt this was a good forum to spread the word around about the upcoming elections. Mayor Volpe reported that he had a meeting with a developer interested in the Pelham Glass building, he will share further information at the next meeting on March 7, 2017. Mayor Volpe reported that he attended the Pelham Varsity Hockey game over the weekend where the team is now section-champions. Mayor Volpe advised the public to attend their next game on Saturday, March 4th at 4:30 p.m. at the Ice Hutch. Mayor Volpe presented a proclamation to retiring Building Inspector Leonard Russo after fourteen years of service to the Village of Pelham. Mayor Volpe designated February 28th as Leonard Russo day in the Village of Pelham honoring Leonard Russo. Page 2 Board of Trustees Regular Meeting Tuesday, February 28, 2017 Trustees’ Report: Trustee Deere reported that he is working on numerous traffic safety concerns throughout the Village with the Police Department and the Department of Public Works. Trustee Deere further reported that the street sign survey is 75% complete and under budget. ********* Trustee Ferrara reported that she has not received any additional feedback on parking issues. Trustee Ferrara further reported that she is working with Trustee Reinke and Trustee Deere on resolving parking issues. She informed the public that she can be emailed at xaira.ferrara@pelhamgov.com to raise any concerns or suggestions. ******** Trustee Kagan reported that he met with Trustee Michelle DeLillo of Pelham Manor and Suez Water of Westchester to discuss water consumption concerns in both Village’s. Trustee Kagan further reported that Con-Edison Solutions the previous program provider under the Community Choice Aggregation Energy Program, sold their contract to Constellation Energy. This change in providers has no effect on the source of power or price to residents. Trustee Kagan reported that a request was made to replace three cellphone towers at the Firehouse. Trustee Kagan announced that Westchester Power will be having a Bagels and Batteries seminar on storage solutions on March 10th at 8:30 a.m. in Mount Kisco. ******** Trustee Mutti reported that Metro North is doing tree work on First Street. Trustee Mutti reported that the tree removals are done on wing walls concerning the High-brook Highline and Almstead is almost complete with the project. ******** Trustee Reim had nothing to report. ******** Trustee Reinke reported that she is working with the Assistant to the Village Administrator Scelza on researching mobile parking apps. She will report further information at a future Board meeting. Village Administrator’s Report: Village Administrator Yamuder had nothing to report. Page 3 Board of Trustees Regular Meeting Tuesday, February 28, 2017 Item # 7 – Public Comments Domonique Shuminov, 21 Fifth Avenue, addressed the Board on behalf of 42 members of her extended family regarding good neighbor park, and the replacement of a bench and memorial rock that were moved during the Wolfs Lane Park renovation. Trustee Mutti responded that the bench was being power-washed and both the bench and memorial would be reinstalled. Patricia Mazza, 410 Ninth Avenue, expressed her opposition to the recently enacted parking legislation on Ninth Avenue. She mentioned the parking restriction creates issues for her and her guests and she presented a petition in opposition to the parking regulation with 18 signatures from residents in the neighborhood. Mayor Volpe responded that the parking regulation concerns would be addressed at the next meeting on March 7th. Trustee Kagan reported that a resident emailed him regarding a traffic safety concern on First Street at Ancon Avenue. The resident suggested that signage be revisited and traffic control devices be investigated. Trustee Kagan reported that Police Chief Benefico and Department of Public Works General Foreman Shriman went to the location and made three suggestions. The first suggestion is to replace one or two signs. The second suggestion is to add a mirror to the corner on the pole and the third suggestion was to change the reflective chevrons. Suggestions 1 and 3 were implemented by the Department of Public Works. Page 4 Board of Trustees Regular Meeting Tuesday, February 28, 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 Carol Spawn Desmond, 95 Corona Avenue, spoke in opposition of the proposed Business District Floating Zone legislation. Ray Beeler, 254 Ancon Avenue, spoke in favor of the proposed Business District Floating Zone. Andrew Caspy, 140 Kirby Lane in Rye, owners of the Sanborn map building, spoke in favor of the proposed Business District Floating Zone. Laura Debuys, 175 Wolfs Lane, President and Executive Director of the Pelham Picture House, spoke in favor of the proposed Business District Floating Zone legislation as it will allow for expansion of the Pelham Picture House to match the needs of the community. Nathan Pereira, 804 Colonial Avenue in Pelham Manor, Chairman of the Pelham Preservation and Garden Society, made a public statement in opposition to the Mayor Volpe’s statement that the society’s photo is “wrong and misleading.” Nathan advised the public to view their website for details on their position and proposed modifications to legislation. Michael Gracie, 5 Marquand Place, asked Mayor Volpe to elaborate on yard compatibility with regard to the proposed Building District Floating Zone legislation. 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 Wednesday, March 22, 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. Motion by: Trustee Reinke Seconded by: Trustee Ferrara Vote: 7-0 Page 5 Board of Trustees Regular Meeting Tuesday, February 28, 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 There were no public comments applicable to the proposed subdivision law. 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 Wednesday, March 22, 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. Motion by: Trustee Reinke Seconded by: Trustee Ferrara Vote: 7-0 Page 6 Board of Trustees Regular Meeting Tuesday, February 28, 2017 Item # 10 - Calling for a Public Hearing on Local Law No. 3 of 2017 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c The board discussed that this was necessary only to protect against unforeseen circumstances. The board does not expect to exceed the state mandated tax cap, and will repeal this law once a cap compliant budget is adopted. Resolution Calling for a Public Hearing on Local Law No. 3 of 2017 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to override the limit on the amount of real property taxes that may be levied by the Village of Pelham pursuant to General Municipal Law §3-c, and to allow the Village of Pelham to adopt a budget for the fiscal year commencing June 1, 2017 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c; and Whereas, the Board of Trustees of the Village of Pelham has determined that the adoption of the local law is a Type II Action and are therefore not subject to the requirements of the State Environmental Quality Review Act (“SEQRA”) Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Wednesday, March 22, 2017 at 8:00 pm or soon thereafter at Village Hall, 195 Sparks Avenue, Pelham NY 10803 on a proposed local law to override the real property tax levy limit established in General Municipal Law §3-c; and Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing. Motion by: Trustee Reinke Seconded by: Trustee Ferrara Vote: 7-0 Page 7 Board of Trustees Regular Meeting Tuesday, February 28, 2017 Item # 11 – Discussion on Immigration Related Issues Jenny Dresien, 144 Pelhamdale Avenue, presented a signed proposal on behalf of 105 residents in support of the proposal to incorporate into local law the model provisions in the New York State Attorney General’s Guidance concerning local authority participating in immigration enforcement. Maryanne Joyce, 142 Nyac Avenue, read the following statement: “I am here to speak in support of the proposal to incorporate the model provisions in the New York State Attorney General’s Guidance Concerning Local Authority Participation in Immigration Enforcement, into local law. I believe it is important that we do so for several reasons. The first is that incorporating the provisions into local law will protect community residents and visitors alike by assuring all that it is safe to come forward to seek the help of a police officer or other village employee. That it is safe for victims, including domestic violence victims, and for witnesses, to report crimes without fear of being asked their immigration status. Police Departments all around the country have declined to participate in or assist in immigration law enforcement, except in certain limited circumstances, because it makes communities less safe when people are afraid to seek help or to speak to a police officer. The second reason I support the proposal is that it also protects the Village and the Police Department by setting out clear guidelines on when and how to communicate and cooperate with the Department of Homeland Security’s Immigration and Customs Enforcement (ICE), and ensures that no unconstitutional profiling, stops, questioning, arrests, or detentions occur that could result in lawsuits or liability for the Village, for the Police Department, or for individual police officers. Third, incorporating the model provisions into local law protects and preserves community resources by ensuring that local tax dollars are not used to do what is the job of the federal government, namely, enforcement of immigration law. That has never been a local law enforcement responsibility. I’d like to make one final point. We are not just talking about protecting “undocumented immigrants.” There are plenty of immigration statuses that fall between undocumented and citizen. There are people here on tourist visas, work visas, student visas, “au pair” visas, asylees, refugees, legal permanent residents. Even citizens have been questioned and/or unlawfully detained in the past by immigration enforcement because “mistakes are made.” So these provisions would protect all of us. I want to emphasize again, as Ms. Driesen said, that what we are proposing would in no way prevent federal immigration enforcement agents from doing their job. We do not suggest non-compliance with federal law. We propose laying out the parameters of that compliance along well-established legal and constitutional lines. In essence, we want local resources to be used for the community and not used for what is properly a federal responsibility.” Page 8 Board of Trustees Regular Meeting Tuesday, February 28, 2017 Domonique Shuminov, 21 Fifth Avenue, spoke about public safety and support of the proposal to incorporate into local law for model provisions in the New York State Attorney General’s Guidance concerning local authority participating in immigration enforcement. Peter Potocki, 66 Boulevard, spoke in opposition of adopting a local law regarding immigration. He felt it may open doors to certain litigation and future expenses for the Village. Marilyn Zielinski, 60 First street, stated that no tax dollars should be used for this issue which clearly is the Federal Governments responsibility. Paula Woods, 62 Clifford Avenue, spoke in support of the proposal to incorporate into local law the model provisions in the New York State Attorney General’s Guidance concerning local authority participating in immigration enforcement. Chance Mullen, 36 Third Avenue, spoke in support of the proposal to incorporate a local law for model provisions in the New York State Attorney General’s Guidance concerning local authority participating in immigration enforcement. Mullen further discussed two provisions, the 287(G) Program and the Secure Community’s Program. Page 9 Board of Trustees Regular Meeting Tuesday, February 28, 2017 Item # 12 – Authorizing Post-Employment Benefits for Leonard Russo The board discussed that the retirement benefits were consistent with Building Inspector Russo’s hiring letter and our employee handbook. Resolution Authorizing Post-Employment Benefits for Leonard Russo Whereas, Leonard Russo has voluntarily decided to retire from his employment with the Village of Pelham effective, March 1, 2017. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorize Leonard Russo, Building Inspector, to receive medical benefits after his retirement for him and his family, the Village will be responsible for 75% of the cost of the annual health insurance premium and Russo will be responsible for the remaining 25%; and Be it further resolved, in accordance with the provisions of § 41(j) of the New York State Retirement and Social Security Law in which the Village of Pelham participates in Leonard Russo will be credited for unused, unpaid sick leave totaling one hundred and sixty five (165) days; and Be it further resolved, Leonard Russo will be paid for a total of thirty (30) unused vacation days totaling $10,414.37 in conjunction with his last paycheck on March 3, 2017. Motion by: Trustee Reinke Seconded by: Trustee Deere Vote: 7-0 Page 10 Board of Trustees Regular Meeting Tuesday, February 28, 2017 Item # 13 - Authorizing a “March for America” Event in the Village of Pelham 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 at the February 7, 2017 regular Board meeting. Resolution Authorizing a “March for America” Event in the Village of Pelham Whereas, a request was received on February 22, 2017 from the Social and Political Activism Club of Pelham Memorial High School (copy attached) to conduct a march on Sunday, March 5, 2017 from 2:00 p.m. to 4:00 p.m on various streets and sidewalks in the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the March for America event on Sunday, March 5, 2017, from 2:00 p.m. to 4:00 p.m; and Be it further resolved, that the Social and Political Activism Club will be approached respecting all Village of Pelham overtime costs and all other direct costs that are incurred by this event including but not limited to the appropriate insurance requirements; and Be it further resolved, that the Village Administrator, Chief of Police, and DPW General Foreman are authorized to take the necessary and appropriate actions to implement the plan and make arrangements for this march. Motion by: Trustee Mutti Seconded by: Trustee Reinke Vote: 7-0 Page 11 Board of Trustees Regular Meeting Tuesday, February 28, 2017 Item # 14 – Authorizing the Use of Funds for the 2017 New York Power Authority Fall Tree Planting Program from the Thomas Fenlon Memorial Street Tree Fund Mayor Volpe stated the Village annually takes part in a program to plant trees around the Village through the New York Power Authority. He said this program is buy one-get one free. Resolution Authorizing the Use of Funds for the 2017 New York Power Authority Fall Tree Planting Program from the Thomas Fenlon Memorial Street Tree Fund Whereas, the Village of Pelham orders trees from the New York Power Authority two-for-one tree plan in which the Village can receive two trees for everyone it purchases for the amount of $2,193.00. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham authorizes that payment of $2,193.00 to the New York Power Authority from a special trust account bequeathed to the Village of Pelham by Thomas B. Fenlon and known as the Thomas B. Fenlon Memorial Street Tree Fund Account # TE.0923 for the purchase of these trees; 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 Mutti Seconded by: Trustee Kagan Vote: 7-0 Page 12 Board of Trustees Regular Meeting Tuesday, February 28, 2017 Item # 15 – Site Plan Application Modification at 409 Third Avenue Mayor Volpe stated that David Makan is the developer of a single-family dwelling at 409 Third Avenue. On or about September 30, 2016 the Building Inspector was performing a site inspection and notified the contractor that the windows installed were not the type and size configuration approved in the original drawings and therefore the Building Inspector advised the contractor to stop. Mr. Makan proceeded to install windows that were not approved in the original site plan application. Mayor Volpe referred this item to the Architectural Review Board. Page 13 Board of Trustees Regular Meeting Tuesday, February 28, 2017 Item # 16 – Other Business None Page 14 Board of Trustees Regular Meeting Tuesday, February 28, 2017 Recurring Items Item # 17 - Authorizing the Accounts Payable Trustee Ferrara audited the Accounts Payable. A brief discussion took place on the following vouchers: 8255 – Fred Cook for the cleaning of a sanitary sewer line on Fifth Avenue. 8336 – Woodraska for roof repairs at the Firehouse. 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 $245,845.35 Capital Projects Fund $43,402.75 Trust and Agency Fund $0.00 TE Expandable Trust Fund $0.00 Grand Total $289,248.10 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Motion by: Trustee Kagan Seconded by: Trustee Ferrara Vote: 7-0 Page 15 Board of Trustees Regular Meeting Tuesday, February 28, 2017 Item # 18 – Authorizing the Minutes of: January 17, 2017 January 17, 2017 as amended: Motion by: Trustee Reinke Seconded by: Trustee Ferrara Vote: 7-0 Item # 19 – Adjournment to Executive Session The public portion of the Board meeting was adjourned at 10:43 p.m. to enter into Executive Session to discuss a personnel item after which time the Board would adjourn for the evening. Respectfully submitted, Christopher Scelza Assistant to the Village Administrator Page 16