Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES ORGANIZATIONAL AND REGULAR MEETING TUESDAY, APRIL 4, 2017, 7:00 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. Oath of Office for Elected Mayor and Trustees by, Annual Organizational Meeting and Mayoral Appointments to Land Use Boards, Appointments of Committee Chairpersons, and Assignment for Board Liaisons 9. Presentation by Con Edison on Smart Meter Program 10. Continuation of 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 11. Continuation of a Public Hearing on Local Law No. 2 of 2017 Regarding Development Regulations Applicable to Subdivisions and Amending Chapter 98 of the Village Code 12. Public Hearing on the Proposed Tentative Budget for Fiscal Year 2017-18 13. Resolution Authorizing the Pelham Picture House Fundraiser at Wolfs Lane Park on September 16, 2017 14. Presentation on the Highbrook Highline 15. Discussion on a Proposed Purchase of Village Property Abutting 155 Harmon Avenue 16. Other Business – Request from Cantina Lobos and WLP Irrigation System Recurring Items 17. Authorizing Accounts Payable 18. Authorizing the Minutes of: 19. Adjournment Next Regularly Scheduled BOT Meeting: Tuesday, April 18, 2017 (Note: FY2017-18 Budget Adoption) All meetings start at 8:00 p.m. unless otherwise noted. *The Agenda is subject to change.* Board of Trustees Regular Meeting Tuesday, April 4, 2017 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Volpe at 7:36 p.m. following the Annual Organizational Meeting which started at 7:10 p.m. Item # 2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Volpe. Item # 3 – Roll Call: Present were Trustees Kagan, Ferrara, Reim, Reinke, Mullen and Spira-Cohen. Also present were Village Administrator Yamuder and Assistant to the Village Administrator Scelza. Mayor’s Report: Mayor Volpe congratulated his colleagues in Pelham Manor for being sworn in on the afternoon of April 4th. He further thanked them for their service. Mayor Volpe reported a wonderful turnout of the parade for the Pelham Pelicans in celebration of their state championship. Mayor Volpe congratulated coach Ed Witz for the State Championship. Mayor Volpe reported progress on Wolfs Lane Park and thanked Senator Jeff Klein for the grant awarded to the Village of Pelham. Mayor Volpe discussed a possible bachi tournament for the grand opening of the park. Trustees’ Report: Trustee Ferrara reported that she has received comments from the business community regarding the Business Floating District Zoning and encouraged residents to continue emailing her with their concerns and to also attend public meetings. ******** Trustee Kagan thanked Trustees Cohen and Mullen for their service. ******** Trustee Elect Mullen had nothing to report. ******** Page 2 Board of Trustees Regular Meeting Tuesday, April 4, 2017 Trustee Reim thanked Village Administrator Yamuder and his staff for their service. He further thanked former Trustees Mutti and Deere for their service. ******* Trustee Reinke reported that Eco-Pel and some other community organizations are planning an Earth Day event on April 22nd. A documentary will be shown at the Picture House at 5:00 p.m. ******** Trustee Spira-Cohen had nothing to report. Village Administrator’s Report: Village Administrator Yamuder expressed gratitude to Mayor Volpe, the Board, his colleagues at Village Hall and the Village of Pelham for supporting him during his service of eight years as the Village Administrator/Treasurer. Item # 7 – Public Comments No public comments. Page 3 Board of Trustees Regular Meeting Tuesday, April 4, 2017 Non-Recurring Items Item # 8 – Oath of Office for Elected Mayor and Trustees by, Annual Organizational Meeting and Mayoral Appointments to Land Use Boards, Appointments of Committee Chairpersons, and Assignment for Board Liaisons A motion was made by Trustee Reim and seconded by Trustee Ferrara to open the organizational meeting at 7:10 p.m. The vote was approved by a vote of four in favor, none opposed. Swearing in of Elected Officials by Judge DeChiaro Judge DeChiaro administered the oath of office to Michael Volpe who was elected Mayor on March 21, 2017; Judge DeChiaro administered the oath of office to Xaira Ferrara who was elected Village Trustee on March 21, 2017; Judge DeChiaro administered the oath of office to Chance Mullen who was elected Village Trustee on March 21, 2017; Judge DeChiaro administered the oath of office to Ariel Spira-Cohen who was elected Village Trustee on March 21, 2017; Note: Appointments by the Mayor of Village officials and staff, and appointments by the Mayor to Land Use Boards, require Board approval. ANNUAL ORGANIZATIONAL MEETING RESOLUTIONS 2017-18 RESOLUTIONS OF APPOINTMENT OF THE FOLLOWING OFFICIALS 1. Be it resolved, that Adam Kagan is appointed by the Mayor as Deputy Mayor and while so acting is vested with all of the powers and shall perform all of the duties of Mayor pursuant to Village Law § 4-400; in the event Mayor Volpe and Deputy Mayor Kagan are unavailable due to absence or disability pursuant to Village Law § 4-400 (2), Trustee Ferrara shall serve as Mayor and while so acting shall be vested with all of the powers and shall perform all of the duties of Mayor. Motion by: Trustee Reinke Seconded by: Trustee Reim Vote: 7-0 2. Be it resolved, that Robert A. Yamuder, of Hawthorne, NY, is hereby re-appointed as Village Administrator, Second Deputy Village Clerk, and re-appointed as Second Deputy Registrar of Vital Statistics. Motion by: Trustee Ferrara Seconded by: Trustee Mullen Vote: 7-0 Page 4 Board of Trustees Regular Meeting Tuesday, April 4, 2017 3. Be it resolved, that Robert A. Yamuder, of Hawthorne, NY, is hereby re-appointed as Village Treasurer pursuant to Village Law § 4-408. Motion by: Trustee Reim Seconded by: Trustee Mullen Vote: 7-0 4. Be it resolved, that John Gallagher, Esq., is hereby appointed as Village Attorney. Motion by: Trustee Kagan Seconded by: Trustee Reinke Vote: 7-0 5. Be it resolved, that Martha Conforti, Esq., is hereby appointed as Village Prosecuting Attorney. Motion by: Trustee Kagan Seconded by: Trustee Reim Vote: 7-0 6. Be it resolved, that Robert Wise, Esq., is hereby appointed as Council to the Zoning Board of Appeals. Motion by: Trustee Kagan Seconded by: Trustee Reim Vote: 7-0 7. Be it resolved, that Michele Cassandra, Assessor for the Town of Pelham, is hereby re-appointed as the Assessor for the Village of Pelham. Motion by: Trustee Kagan Seconded by: Trustee Mullen Vote: 7-0 8. Be it resolved, that John Nesi, Receiver of Taxes for the Town of Pelham, is hereby re-appointed as Receiver of Taxes for the Village of Pelham. Motion by: Trustee Kagan Seconded by: Trustee Ferrara Vote: 7-0 9. Be it resolved, that Deborah DelGrosso is hereby re-appointed as Deputy Village Treasurer and Deputy Registrar of Vital Statistics. Motion by: Trustee Kagan Seconded by: Trustee Mullen Vote: 7-0 10. Be it resolved, that Terri Rouke is hereby re-appointed as Village Clerk and Registrar of Vital Statistics pursuant to Village Law § 4-402. Motion by: Trustee Kagan Seconded by: Trustee Ferrara Vote: 7-0 11. Be it resolved, that Sandra Shriman is hereby re-appointed as Deputy Village Clerk. Motion by: Trustee Kagan Seconded by: Trustee Mullen Vote: 7-0 Page 5 Board of Trustees Regular Meeting Tuesday, April 4, 2017 12. Be it resolved, that Christopher Scelza is hereby re-appointed as Assistant to the Village Administrator. Motion by: Trustee Kagan Seconded by: Trustee Reim Vote: 7-0 13. Be it resolved, that the First (1st) and Third (3rd) Tuesdays of every month are hereby designated as the Regularly Scheduled meeting nights of the Village of Pelham Board of Trustees (meetings will begin at 8:00 p.m.), except as the schedule may be otherwise amended from time to time. Motion by: Trustee Kagan Seconded by: Trustee Reinke Vote: 7-0 DESIGNATION OF SIGNATORIES Be it resolved, that the Mayor, the Deputy Mayor, the Village Administrator/Treasurer, and the Deputy Village Treasurer are hereby authorized to sign checks on behalf of the Village of Pelham. Motion by: Trustee Ferrara Seconded by: Trustee Reim Vote: 7-0 DESIGNATION OF OFFICIAL DEPOSITORY OF FUNDS Be it resolved, that pursuant to Village Law § 4-412 (3)(2) that JP Morgan Chase Bank, N.A., and Sterling National Bank are hereby designated as depositories for the Village of Pelham respecting various accounts the Village of Pelham maintains in the ordinary course of its business. Motion by: Trustee Kagan Seconded by: Trustee Ferrara Vote: 7-0 DESIGNATION OF OFFICIAL VILLAGE NEWSPAPER Be it resolved, that the Journal News is hereby designated as the official newspaper of the Village of Pelham for the ensuing official year. Motion by: Trustee Kagan Seconded by: Trustee Reinke Vote: 7-0 RESOLUTION ADOPTING PROCUREMENT & PURCHASING POLICY FOR FISCAL YEAR 2017- 18 Whereas, New York State General Municipal Law § 104-b (4) requires the Village Board of Trustees to review its procurement policies and procedures on an annual basis; and Page 6 Board of Trustees Regular Meeting Tuesday, April 4, 2017 Whereas, staff reviewed and discussed the Procurement and Purchasing Policy and does not recommend any changes to the existing policy. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby adopts the attached Purchasing and Procurement Policy for Fiscal Year 2017-18. Motion by: Trustee Ferrara Seconded by: Trustee Reinke Vote: 7-0 VILLAGE TRUSTEE ASSIGNMENTS & LIAISON APPOINTMENTS Note: Trustee Liaison and Committee Appointments by the Mayor do not require Board action for advice and consent by the Board, but are included here to be entered into the minutes. Mayor Michael Volpe shall preside as required by New York State Law over collective bargaining negotiations and shall be assigned responsibility, in addition to all legal responsibilities assigned to Mayor, will serve as the Chair of Downtown Revitalization and Zoning Issues and as Liaison for Inter- Governmental and Labor Relations. Public Safety (Fire, Police, Crossing Guards) & Parking Availability, Restrictions & Enforcement Chair Trustee Reim 1. Police Liaison == Adam Kagan 2. Fire Liaison == Christopher Reim 3. Parking Issues == Andrea Reinke Downtown Revitalization, Building Department, Code Improvements, Chamber of Commerce, Pelham Business Council & Land Use Boards Chair Mayor Volpe 1. Building Department == Ariel Spira-Cohen 2. Code Enforcement/Improvements == Andrea Reinke 3. Chamber of Commerce and Pelham Business Council == Xaira Ferrara Page 7 Board of Trustees Regular Meeting Tuesday, April 4, 2017 Public Works, Parks, Utilities, Sanitation & Flooding Issues Chair Trustee Xaira Ferrara 1. DPW Liaison/Parks, Trees & Green Spaces == Xaira Ferrara 2. Sustainability & EcoPel == Ariel Spira-Cohen 3. Metro North Liaison == Chance Mullen 4. FEMA Grants/Flooding == Chance Mullen Village Administrative Functions, Budgeting, Financial & Strategic Planning & Inter- Governmental and Labor Relations Chair Deputy Mayor Adam Kagan 1. Office Staff Liaison == Andrea Reinke 2. Public Communications == Chance Mullen 3. Financial & Strategic Planning, Accountability & Shared Services == Christopher Reim, Ariel Spira-Cohen 4. Inter-Governmental and Labor Relations == Mayor Volpe LAND USE BOARD APPOINTMENTS To be determined at a later date. A motion was then made by Trustee Reinke and seconded by Trustee Mullen to close the organizational meeting at 7:35 p.m. The vote was approved by a vote of seven in favor, none opposed. Page 8 Board of Trustees Regular Meeting Tuesday, April 4, 2017 Item # 9 – Presentation by Con Edison on Smart Meter Program Orlando Altz, Con Edison representative, 511 Theodore Fremd Avenue, Rye, New York, informed the Board that Con-Edison will be implementing a smart meter infrastructure for Westchester county. They will begin installing the meters throughout Westchester county starting in October, so bills will reflect accurate usage, quick notifications will be sent to Con-Edison to resolve problems and customers will be able to download an application to check their services. Three smart meters will be installed on utility poles in the Village of Pelham, but the location of the smart meters will depend on the coverage of the meters. Con-Edison will provide the Board with the locations of the smart meters and will send notices to the public informing them of the installation. Page 9 Board of Trustees Regular Meeting Tuesday, April 4, 2017 Item # 10 – Continuation of 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 Public Hearing opened. Motion by: Trustee Reinke Seconded by: Trustee Ferrara Vote: 7-0 Mara Kravitz,1030 Peace Street, is the project manager for 101 Wolfs Lane development project, and she spoke in support of amending the existing Zoning Code. John Casone, a 50 year resident, spoke in support of development in the Village of Pelham. Michael Phelpman,15 Brookside Avenue, expressed concern of development on the land behind the gas station on Wolfs Lane. Danielle Wright, 24 Manning Circle, congratulated the Board and expressed gratitude to the Board for their service to the community. She opposes the Business District Floating Zone for fear of tall buildings being developed near her property and such developments devaluing her property. She would like further clarification of the existing code and the proposed changes. Jorge Szhendiuch, 208 Carol Avenue, an architect spoke in support of amending the Business District zoning code and proposed his plans for development to the board. Elena S., a design architect spoke in support of amending the existing zoning code to incorporate the Business District Floating Zone. She stated that development would further beautify the Village of Pelham. Maryanne Joyce,142 Nyac Avenue, expressed concerns about parking on her street as a result of the Business District Floating Zone introducing new developments to the Village, so she empathizes with the residents on Manning circle. Richard Veith,155 Nyac Avenue, expressed concerns about rear yard set backs and asked if the amendment is consistent with procedures set forth in Chapter 79: Site Plan Approval. The public hearing closed. Mayor Volpe authorized a continuation of written comments until 12:00 p.m. on April 17th. Motion by: Trustee Reim Seconded by: Trustee Ferrara Vote: 7-0 Page 10 Board of Trustees Regular Meeting Tuesday, April 4, 2017 Item # 11 – Continuation of a Public Hearing on Local Law No. 2 of 2017 Regarding Development Regulations Applicable to Subdivisions and Amending Chapter 98 of the Village Code Public Hearing opened Motion by: Trustee Kagan Seconded by: Trustee Ferrara Vote: 7-0 Mayor Volpe reported that the Village does not have a strong enough subdivision law on record, so that has to be addressed in the amendment process. Mrs. Wright requested a public hearing of local law No.2 on Tuesday, April 18th, so she could review the documents and prepare questions for Mayor Volpe and the Board of Trustees. Mayor Volpe approved the recommendation. The public hearing on Local Law No.2 will continue on Tuesday, April 18th. Page 11 Board of Trustees Regular Meeting Tuesday, April 4, 2017 Item # 12 – Public Hearing on the Proposed Tentative Budget for Fiscal Year 2017-18 Public Hearing opened Motion by: Trustee Reim Seconded by: Trustee Reinke Vote: 7-0 Mayor Volpe reported that the Board has attended three budget work sessions. He stated that the Village of Pelham will not increase taxes more than 1.51%. Furthermore, there has been a 10% cut throughout the budget to keep the Village under the Tax Cap. Mayor Volpe reported that the Village of Pelham has been classified under the “no designation” fiscal stress category, meaning that the Village does not meet the threshold of stress because of its well managed finances and solvency. The discussion will continue at the meeting on Tuesday, April 18th. Page 12 Board of Trustees Regular Meeting Tuesday, April 4, 2017 Item # 13 - Authorizing the Pelham Picture House Fundraiser at Wolfs Lane Park on September 16, 2017 Mayor Volpe reported that the Pelham Picture House has sent a letter requesting permission to host a fundraiser in Wolfs Lane Park on Saturday, September 16, 2017. Resolution Authorizing the Pelham Picture House Fundraiser at Wolfs Lane Park on September 16, 2017 Whereas, the Pelham Picture House has requested permission to hold its sixth annual Picnic in the Park Fundraiser in Wolfs Lane Park on Saturday, September 16, 2017 (copy attached); and Whereas, the Pelham Picture House shall reimburse the Village for all costs incurred by the Village as a result of the event, including but not limited to Police Department and Department of Public Works overtime, and provide a certificate of liability insurance naming the Village as an additional insured in a form and amount satisfactory to the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Picture House the use of the section of Wolfs Lane Park directly across from the movie theatre with access to the park on Friday, September 15th to erect the tent, Saturday, September 16th for the fundraising event and Monday, September 18th to remove the tent and; Be it further resolved, that the Mayor and Board of Trustees authorize the appropriate Village officials and staff to take the necessary and appropriate actions to effectuate the intent of this resolution. Motion by: Trustee Ferrara Seconded by: Trustee Reim Vote: 7-0 Page 13 Board of Trustees Regular Meeting Tuesday, April 4, 2017 Item # 14 – Presentation on the Highbrook Highline The Highbrook Highline presentation focused on the construction of a pathway for residents to walk from Young Avenue to the Young Avenue Field and onto Harmon Avenue. Item # 15 – Discussion on a Proposed Purchase of Village Property Abutting 155 Harmon Avenue Mayor Volpe mentioned that there is a potential sale of Village property near the Highbrook Highline, where Harmon Avenue and Young Avenue intersect and Young Avenue dead ends. The Smiths are proposing to purchase this surplus property after an appraisal. Page 14 Board of Trustees Regular Meeting Tuesday, April 4, 2017 Item # 16 – Other Business Cantina Lobos Brennan Hefner and Clayton Bushong of 29 Franklin Pl, are local restaurant owners of Cantina Lobos who requested the use of a small section of Wolfs Lane Park (the space directly across from their restaurant) on May 5th to erect a tent to sell food, provisional items, and alcoholic beverages to the public. Mayor Volpe requested a memo from the restaurant owners with specific details of their request, so he could forward the letter to the Police Chief and the Department of Public Works. Mayor Volpe entertained a resolution to allow the restaurant owners of Cantina Lobos to use Wolfs Lane Park for their event on May 5th from 2:00 p.m. to 9:00 p.m. given that a memo is received by the Mayor and the Board with specific details. Motion by: Trustee Ferrara Seconded by: Trustee Reinke Vote: 7-0 Irrigation System for Wolfs Lane Park The Dormitory Authority of the State of New York has given the Village permission to install an irrigation system estimated at $1,800.00 in Wolfs Lane Park utilizing existing grant funds. Resolution Authorizing the Installation of an Irrigation System in Wolfs Lane Park Whereas, the Board of Trustees is desirous of installing an irrigation system in Wolfs Lane Park; and Whereas, the Dormitory Authority of the State of New York has approved this request to utilize the existing grant funds associated with the project. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the installation of an irrigation system in Wolfs Lane Park and accepts the proposal from D. Ragno Landscaping in the amount of $1,800 to furnish and install said irrigation system. Motion by: Trustee Ferrara Seconded by: Trustee Mullen Vote: 7-0 Page 15 Board of Trustees Regular Meeting Tuesday, April 4, 2017 Recurring Items Item # 17 - Authorizing the Accounts Payable Trustee Reim audited the Accounts Payable. 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/Treasurer: Fund Name: Amount General Fund $129,630.03 Capital Projects Fund $6,663.00 Trust and Agency Fund $0.00 TE Expandable Trust Fund $0.00 Grand Total $136,293.03 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 16 Board of Trustees Regular Meeting Tuesday, April 4, 2017 Item # 18 – Authorizing the Minutes of: Item # 19 – Adjournment The public portion of the Board meeting was adjourned at 10:42 p.m. Motion by: Trustee Kagan Seconded by: Trustee Reinke Vote: 7-0 Respectfully submitted, Christopher Scelza Assistant to the Village Administrator Page 17