Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, APRIL 18, 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 Authorizing the Appointment of a Part Time School Crossing Guard 9. Presentation by Dolph Rotfeld Engineering P.C. on Fourth Avenue Drainage System Improvements 10. Resolution Adopting Local Law No. 2 of 2017 Regarding Development Regulations in the Business Districts and Amending Chapter 98 of the Village Code 11. Resolution Adopting Local Law No. 3 of 2017 Regarding Development Regulations Applicable to Subdivisions and Amending Chapter 98 of the Village Code 12. Resolution Authorizing the Execution of a Memorandum of Agreement with the Civil Service Employees Association, Inc.; Local 1000, AFSCME, ALF-CIO, Westchester Local 860 (June 1, 2016 to May 31, 2020) 13. Continuation of a Public Hearing on the Proposed Preliminary Budget for Fiscal Year 2017-18 14. Fiscal Year 2017-18 Budget Adoption (All Resolutions) 15. Public Discussion and Consideration of the Village of Pelham’s MS-4 Report Under the Environmental Protection Agency Phase II Storm water Management Guidelines, and Authorizing the Submission to the New York State Department of Environmental Conservation for Consideration of Renewal of the Village’s State Pollutant Discharge and Elimination System Permit 16. Resolution Authorizing an Inter-Municipal Agreement with the City of New Rochelle for Street Resurfacing and Engineering Services 17. Resolution Calling for a Public Hearing on a Local Law to Repeal Local Law No. 1 of 2017 and to Repeal the Override of the Tax Levy Limit Established in General Municipal Law §3-c 18. Resolution Accepting Resignation of Village Administrator/Treasurer 19. Other Business Recurring Items 20. Authorizing Accounts Payable 21. Authorizing the Minutes of: February 28, 2017, March 22, 2017 and April 4, 2017 22. Adjournment to Executive Session (if needed) Next Regularly Scheduled BOT Meeting: Tuesday, May 2, 2017 Tuesday, May 16, 2017 All meetings start at 8:00 p.m. unless otherwise noted *The Agenda is subject to change.* Board of Trustees Regular Meeting Tuesday, April 18, 2017 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Volpe at 8:04 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,and Spira-Cohen. Trustee Mullen participated via FaceTime. Also present were Village Administrator Yamuder and Assistant to the Village Administrator Scelza. Mayor’s Report: Mayor Volpe discussed the Consolidated Local Street and Highway Improvement Program (CHIPS) and how it is calculated at the State level and distributed to municipalities for street resurfacing. Trustees’ Report: Trustee Ferrara reported that the Junior League of Pelham has donated $4,000 to help with the revamping of Wolfs Lane Park, and they will be donating $4,000 for the next fiscal year. Trustee Ferrara expressed her gratitude to the Junior League of Pelham for their donations. ******** Trustee Kagan reported that he met with the Police Chief and Lieutenant as the new liaison to the Police Department so he can understand overtime in greater detail. He discussed the idea of creating a camera inventory so the police can use the footage of the residents’ private cameras. Trustee Kagan and Trustee Mullen met to discuss on goal setting for each of the committees. ******** Trustee Mullen reported that he is the new liaison to FEMA Grants, Metro North, and Communications. He updated the Board on how he intends to move forward as the Communications Liaison in focusing on three areas. First, he wants to find new ways to connect the community to the existing channels of communication (the website, email list, and the Facebook page), but he wants to focus on connecting new residents to these channels. Second, he wants to find ways to engage the community to obtain feedback and to create an open dialogue. Finally, he would like to partner with his colleagues on the Board to showcase their work. ******** Page 2 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Trustee Reim reported progress on the public discussion for the proposed immigration protection resolution. Trustee Reim gave a special thanks to Maryanne Joyce, who has been instrumental in drafting the legislation. He referred residents to the Village’s website to view the draft legislation. ******** Trustee Reinke reported issues with the Village’s current payroll provider ADP, Village staff will be researching new vendors. The staff is expected to have more information on payroll vendors that are offering more comprehensive services by May 16th. ******** Trustee Spira-Cohen expressed her gratitude to the Village for voting her into office, and further thanked Mayor Volpe and the Board for welcoming her. She took a tour of the Highbrook Highline with Trustees Mullen, Ferrara, and former Trustee Mutti. She has been researching flooding zones, studying the current proposal, and reading public comments on the Business District Flooding Zone. After reviewing the preliminary budget, she understands that it will be a difficult fiscal year with tough decisions to follow. Village Administrator’s Report: Village Administrator Yamuder had nothing to report. Item # 7 – Public Comments No public comments. Page 3 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Non-Recurring Items Item # 8 – Authorizing the Appointment of a Part Time School Crossing Guard Resolution Authorizing the Appointment of a Part Time School Crossing Guard Whereas, a position for part time school crossing guard is needed to fill a vacancy in the Police Department; and Whereas, Chris DeChiara of 118 Third Avenue, Pelham NY has applied for this position among other applicants; and Whereas, the Chief of Police has recommended that Chris DeChiara be hired to fill this position. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby appoints Chris DeChiara, Pelham, New York, effective April 10, 2017, to the position of School Crossing Guard (Part Time) reporting to the Chief of Police, at an annual salary of $9,000.00, subject to the requirements of Westchester County Civil Service, the Village of Pelham’s Employee Handbook, including a one year probationary period; and Be it further resolved, that the Mayor, Village Administrator and Chief of Police are authorized to take the necessary and appropriate actions to effect this appointment. Motion by: Trustee Reim Seconded by: Trustee Ferrara Vote: 7-0 Page 4 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Item # 9 – Presentation by Dolph Rotfeld Engineering P.C. on Fourth Avenue Drainage System Improvements Mayor Volpe explained that there is a seven stage plan to address flooding concerns. He stated that Dolph Rotfeld has been working with the Village for about a year to address these issues. Anthony Oliveri, 200 White Plains Road, Tarrytown NY, presented the three proposed Legislated Pre-Disaster Mitigation storm water FEMA projects to address flooding and drainage problems that have existed for many years in the Village. After an analysis of the system, it was revealed that improvements to the uppermost area of the system (Seventh Avenue and Sixth Street) must be staged prior or concurrently with the downstream sections (Third Street, Fourth Avenue) to avoid flooding the existing system. The Village needs to discuss on how to possibly redirect the grant money to better stage the projects. Page 5 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Item #10 Continuation of Public Hearing on Local Law No. 2 of 2017 Regarding Development Regulations in the Business Districts and Amending Chapter 98 of the Village Code Public Hearing opened: Motion by: Trustee Kagan Seconded by: Trustee Reinke Vote: 7-0 Jamie Cabero, 9 Brookside Avenue, commented that his backyard looks up the hill to the gas station explaining that he would get full view of the new development at the gas station. Mr. Cabero advised Mayor Volpe and the Board to view the site with him and his neighbors. Cathy Landy, 26 Manning Circle, questioned if Mayor Volpe and the Board would be voting on the Business District Floating Zone legislation. She stated that the text available on the Village site has not changed since the meeting on February 28th, and she was wondering if the public comments will be incorporated in the language of the local law. Trustee Spira-Cohen presented a personal statement regarding the Business District Floating Zone (“BDFZ”). Revitalization of the downtown area is a priority for all residents, but some have different views on how to achieve it. Urban revitalization through smart growth has a lesser environmental impact than suburban sprawl. The BDFZ will incentivize the development of underutilized properties, increase the tax base, and create a vibrant downtown area. Trustee Reim spoke in support of the Business District Floating Zone and stated that this type of development project can work and has precedent in other communities. He said it should be applied intelligently through the full cooperation of the land use board and the community. He said the Board will address concerns about height when it is appropriate, and consider how it will impact homeowners. Trustee Mullen spoke in support of adopting the local laws regarding the Business District Floating Zone (“BDFZ”). He stated that the Board does not know what types of projects and proposals will be presented before the Board if the law passes, but the conversation has been largely theoretical at this point, and the next time we engage in this conversation it will be regarding an actual proposal. Trustee Mullen said that community input will be essential as the Board weighs the pros and cons of the proposed development projects. He is excited that the BDFZ will attract new developers and projects, specifically proposals for senior housing, so senior residents can stay in the community. He believes that the community needs to take this step because “Nothing ever changes in Pelham” and that static sort of thinking makes people disengage. The Board does not expect the community to settle for a business district on the verge of failing because it wants to keep things the same, so we have to welcome change through new developments. Page 6 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Closing Public Hearing on Local Law No. 2 of 2017 Regarding Development Regulations in the Business Districts and Amending Chapter 98 of the Village Code Motion by: Trustee Ferrara Seconded by: Trustee Kagan Vote: 7-0 Page 7 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Item # 10A – SEQRA Resolution Regarding Local Law No. 2 of 2017 Mayor Volpe stated that in order to proceed with the adoption of Local Law No. 2 and 3 concerning the BDFZ, there is a requirement to first look at the New York State Environmental Quality Review Act (SEQRA) respecting the passage of those laws. There is a full environment assessment form which was completed by AKRF, the Village’s consultant. Mayor Volpe said the Westchester County Planning Department responded favorably to the BDFZ legislation. SEQRA Resolution Regarding Local Law No. 2 of 2017 Whereas, the Board of Trustees of the Village of Pelham is considering adopting Local Law 2 of 2017, entitled, “A LOCAL LAW regarding development regulations in the business districts, amending Chapter 98 of the code of the Village of Pelham;” and Whereas, the Board of Trustees is a local agency as defined in the New York State Environmental Quality Review Act (Environmental Conservation Law Article 8) (SEQRA); and Whereas, under SEQRA and the regulations adopted by the New York State Department of Environmental Conservation as required by SEQRA no local agency may undertake an action until it has complied with the provisions of SEQRA, Now, therefore, be it resolved, BY THE BOARD OF TRUSTEES OF THE VILLAGE OF PELHAM, as follows: 1. The Board of Trustees finds and determines that: a. The adoption of Local Law 2 of 2017 is an action within the meaning of SEQRA; b. The action does not involve a federal agency; c. The action does not involve any other agency, because no other agency has jurisdiction by law to fund, approve or directly undertake the adoption of Local Law 2 of 2017; d. The action is a Type I action under SEQRA because it changes the allowable land uses within an area 25 acres or more; and e. The action is not in an agricultural district. 2. The Board of Trustees declares that it is the lead agency under SEQRA, because the Board of Trustees is the only involved agency with respect to Local Law 2 of 2017 and only an involved agency can be lead agency. 3. The Board of Trustees has considered the Full Environmental Assessment Form prepared by the Village’s planning consultant with respect to Local Law 2 of 2017. 4. The Board of Trustees finds and determines that to the extent that there are adverse environmental impacts as a result of Local Law 2 of 2017, as identified in the Full Environmental Impact Assessment, those environmental impacts will not be significant. 5. The Board of Trustees therefore determines that an Environmental Impact Statement will not be required for the action and adopts a negative declaration with respect to the adoption of Local Law 2 of 2017. Page 8 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Motion by: Trustee Reinke Seconded by: Trustee Ferrara Vote: 7-0 Page 9 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Item # 10B – Adopting Local Law No. 2 of 2017 Regarding Development Regulations in the Business Districts and Amending Chapter 98 of the Village Code Trustee Kagan stated that Mayor Volpe and the Board desire to create an environment fertile for development. Trustee Reinke addressed the residents from Manning Circle and Brookside Avenue. She reassured the residents that public discussion will begin earlier in the process under the law so residents can have an opportunity to be heard sooner. She stated that this will be attractive to developers. Trustee Ferrara stated that Mayor Volpe has been open and echoed sentiments of her trustees who commented. She stated that the Board is taking into consideration everyone’s concern and will keep in mind the different needs of different sectors of the community. Mayor Volpe stated that he believes the process has been inclusive of the public, local community groups, residents, citizens and former elected officials. He affirmed residents that consideration will be taken from the Planning board, Architectural Review Board, and the public. Mayor Volpe stated The goal here is not to make Pelham change dramatically, but change in better ways and in ways that can positively impact the community and move it forward. Resolution Adopting Local Law No. 2 of 2017 Regarding Development Regulations in the Business Districts and Amending Chapter 98 of the Village Code Whereas, the Board of Trustees of the Village of Pelham is authorized by Section 7-700 of the Village Law and Section 10 of the Municipal Home Rule Law to adopt local laws regulating the size, location and uses of buildings for the promotion of the general welfare; and Whereas, the Board of Trustees has considering the substance of what is now designated Local Law 2 of 2017, entitled, “A LOCAL LAW regarding development regulations in the business districts, amending Chapter 98 of the code of the Village of Pelham,” at public meetings on June 7, 2016, June 21, 2016, and July 12, 2016; and Whereas, the Board of Trustees has duly referred the substance of what is now designated Local Law 2 of 2017 to the Planning Board for comment, as required by section 98-141 of the Code of the Village of Pelham; and Whereas, the Board of Trustees has received and duly considered the comments submitted by the Planning Board with respect to the substance of what is now designated Local Law 2 of 2017; and Whereas, the Board of Trustees has duly referred what is now designated as Local Law 2 of 2017 to the Westchester County Planning Board and the City of Mount Vernon as required by Section 98-142 of the Code of the Village of Pelham and Sections 277.61 and 277.71 of the Westchester County Administrative Code; and Page 10 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Whereas, the Board of Trustees has received and duly considered the comments submitted by the Westchester County Planning Board and the City of Mount Vernon with respect to the substance of what is now designated Local Law 2 of 2017 or more than 30 days have passed without receiving those comments; and Whereas, the Board of Trustees has duly held a public hearing with respect to what is now known as Local Law 2 of 2017 on March 22, 2017, April 4, 2017 and April 18, 2017; and Whereas, the Board of Trustees duly closed the public hearing with respect to what is now known as Local Law 2 of 2017 on April 18, 2017; and Whereas, the Board of Trustees has duly considered the public comment received at the public hearing; and Whereas, the Board of Trustees has satisfied the requirements of the New York State Environmental Quality Review Act (SEQRA) by adopting a negative declaration under SEQRA. Now, therefore, be it resolved, BY THE BOARD OF TRUSTEES OF THE VILLAGE OF PELHAM, that Local Law 2 of 2017 be, and the same hereby is, adopted. Motion by: Trustee Reim Seconded by: Trustee Mullen Vote: 7-0 Page 11 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Item # 11A – SEQRA Resolution Regarding Local Law No. 3 of 2017 Mayor Volpe stated the New York State Environmental Quality Review Act (SEQRA) requirement is attached to Local Law No. 3. All obligations must be met before the adoption of the local law. SEQRA Resolution Regarding Local Law No. 3 of 2017 Whereas, the Board of Trustees of the Village of Pelham is considering adopting Local Law 3 of 2017, entitled, “A LOCAL LAW regarding the development regulations applicable to subdivisions, amending Chapter 98 of the code of the Village of Pelham;” and Whereas, the Board of Trustees is a local agency as defined in the New York State Environmental Quality Review Act (Environmental Conservation Law Article 8) (SEQRA); and Whereas, under SEQRA and the regulations adopted by the New York State Department of Environmental Conservation as required by SEQRA no local agency may undertake an action until it has complied with the provisions of SEQRA, Now, therefore, be it resolved, BY THE BOARD OF TRUSTEES OF THE VILLAGE OF PELHAM, as follows: 1. The Board of Trustees finds and determines that: a. The adoption of Local Law 3 of 2017 is an action within the meaning of SEQRA; b. The action does not involve a federal agency; c. The action does not involve any other agency, because no other agency has jurisdiction by law to fund, approve or directly undertake the adoption of Local Law 3 of 2017; d. The action is an unlisted action under SEQRA because it not identified as a Type I or Type II action in the SEQRA regulations; and e. The action is not in an agricultural district. 2. The Board of Trustees declares that it is the lead agency under SEQRA, because the Board of Trustees is the only involved agency with respect to Local Law 3 of 2017 and only an involved agency can be lead agency. 3. The Board of Trustees has considered the Short Environmental Assessment Form prepared by the Village’s planning consultant with respect to Local Law 3 of 2017. 4. The Board of Trustees finds and determines that to the extent that there are adverse environmental impacts as a result of Local Law 3 of 2017, as identified in the Full Environmental Impact Assessment, those environmental impacts will not be significant. 5. The Board of Trustees therefore determines that an Environmental Impact Statement will not be required for the action and adopts a negative declaration with respect to the adoption of Local Law 3 of 2017. Motion by: Trustee Ferrara Seconded by: Trustee Reinke Vote: 7-0 Page 12 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Public Hearing on Local Law No. 3 of 2017 Regarding Development Regulations in the Business Districts and Amending Chapter 98 of the Village Code Public Hearing opened: Motion by: Trustee Ferrara Seconded by: Trustee Reinke Vote: 7-0 Danielle Wright, 24 Manning Circle, questioned the purpose of the law. She asked if the law connects to the Business District Floating Zone and further questioned if the law would apply to all districts. Mrs. Wright asked Mayor Volpe and the Board to clarify the meaning of the word “plat” as stated in the law. She recommended the use of a different term and questioned the number of permissible units under the proposed adoption. Closing Public Hearing on Local Law No. 2 of 2017 Regarding Development Regulations in the Business Districts and Amending Chapter 98 of the Village Code Motion by: Trustee Kagan Seconded by: Trustee Ferrara Vote: 7-0 Page 13 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Item # 11B – Adopting Local Law No. 3 of 2017 Regarding Development Regulations Applicable to Subdivisions and Amending Chapter 98 of the Village Code Resolution Adopting Local Law No. 3 of 2017 Regarding Development Regulations Applicable to Subdivisions and Amending Chapter 98 of the Village Code Whereas, the Board of Trustees of the Village of Pelham is authorized by Section 7-700 of the Village Law and Section 10 of the Municipal Home Rule Law to adopt local laws regulating the size, location and uses of buildings for the promotion of the genera welfare; and Whereas, the Board of Trustees has considering the substance of what is now designated Local Law 3 of 2017, entitled, “A LOCAL LAW regarding the development regulations applicable to subdivisions, amending Chapter 98 of the code of the Village of Pelham,” at public meetings on June 7, 2016, June 21, 2016, and July 12, 2016; and Whereas, the Board of Trustees has duly referred the substance of what is now designated Local Law 3 of 2017 to the Planning Board for comment, as required by section 98-141 of the Code of the Village of Pelham; and Whereas, the Board of Trustees has received and duly considered the comments submitted by the Planning Board with respect to the substance of what is now designated Local Law 3 of 2017; and Whereas, the Board of Trustees has duly referred what is now designated as Local Law 3 of 2017 to the Westchester County Planning Board and the City of Mount Vernon as required by Section 98-142 of the Code of the Village of Pelham and Sections 277.61 and 277.71 of the Westchester County Administrative Code; and Whereas, the Board of Trustees has received and duly considered the comments submitted by the Westchester County Planning Board and the City of Mount Vernon with respect to the substance of what is now designated Local Law 3 of 2017 or more than 30 days have passed without receiving those comments; and Whereas, the Board of Trustees has duly held a public hearing with respect to what is now known as Local Law 3 of 2017 on March 22, 2017, April 4, 2017 and April 18, 2017; and Whereas, the Board of Trustees duly closed the public hearing with respect to what is now known as Local Law 3 of 2017 on April 18, 2017; and Whereas, the Board of Trustees has duly considered the public comment received at the public hearing; and Whereas, the Board of Trustees has satisfied the requirements of the New York State Environmental Quality Review Act (SEQRA) by adopting a negative declaration under SEQRA. Page 14 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Now, therefore, be it resolved, BY THE BOARD OF TRUSTEES OF THE VILLAGE OF PELHAM, that Local Law 3 of 2017 be, and the same hereby is, adopted. Motion by: Trustee Ferrara Seconded by: Trustee Mullen Vote: 7-0 Page 15 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Item # 12 – Authorizing the Execution of a Memorandum of Agreement with the Civil Service Employees Association, Inc.; Local 1000, AFSCME, ALF-CIO, Westchester Local 860 (June 1, 2016 to May 31, 2020) This item was tabled. Resolution Authorizing the Execution of a Memorandum of Agreement with the Civil Service Employees Association, Inc.; Local 1000, AFSCE, ALF-CIO, Westchester Local 860 (June 1, 2016 to May 31, 2020) Whereas, the Village of Pelham (“Village”) and the Civil Service Employees Association, Inc.; Local 1000, AFSCE, ALF-CIO, Westchester Local 860 (“Union”) are parties to a Collective Bargaining Agreement that expired on May 31, 2016; and Whereas, changes to the terms and conditions of employment were agreed upon by the parties and placed in the form of a Memorandum of Agreement (attached hereto and made apart hereof); and Whereas, the membership of the Union approved the terms and conditions contained in the Memorandum of Agreement; and Whereas, the Memorandum of Agreement between the Village and the Union regarding the terms and conditions of employment for the period of June 1, 2016 through and including May 31, 2020 is being presented for approval by the Village Board of Trustees. Now, therefore, be it resolved, that the Memorandum of Agreement between the Village and the Union regarding the terms and conditions of employment for the period of June 1, 2015 through May 31, 2020 is hereby approved; and Be it further resolved, that the Mayor, Trustee Liaison and Village Administrator are hereby authorized to execute a Memorandum of Agreement for the period of June 1, 2016 through May 31, 2020 between the Village and the Union incorporating the terms and conditions of said Memorandum of Agreement. Page 16 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Item # 13 – Continuation of a Public Hearing on the Proposed Preliminary Budget for Fiscal Year 2017-18 Public Hearing opened: Motion by: Trustee Reinke Seconded by: Trustee Ferrara Vote: 7-0 Mayor Volpe stated that the Board is now at the Tentative stage going into the Preliminary stage concerning the Fiscal Year 2017-18 Budget. Mayor Volpe stated changes to the Tentative budget include a 10% reduction on all non-collectively bargained expenses and a 1.5% tax levy increase. Trustee Reim stated that the time frame to adopt the budget must be on or before May 1st. Trustee Kagan stated that the proposed budget document did not reflect the 10% reduction on all expense lines therefore Trustee Kagan recommended that the Board should not vote to adopt the budget until the individual expense lines throughout the budget are properly reflected. Mayor Volpe and the Board agreed to have the budget revised before next the meeting to vote before May 1st. The revised budget should reflect a budget coming in 1.50% which reflects $198,000 from fund balance and $165,000 in 10% across the board cuts on all non-collectively bargained items. A special session for the purpose of adopting the budget will be held on Wednesday, April 26th at 7:30 p.m. There were no public comments respecting the Preliminary Budget for Fiscal Year 2017-18. Closing Public Hearing on the Proposed Preliminary Budget for Fiscal Year 2017-18 Motion by: Trustee Ferrara Seconded by: Trustee Spira-Cohen Vote: 7-0 Page 17 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Item # 14 – Fiscal Year 2017-18 Budget Adoption (All Resolutions) This item was tabled as discussed under Item # 13. Budget Resolution (A) Resolution Amending and Revising the Tentative 2017-18 Village Budget for Finalization as Adopted Budget Whereas, the Village Board of Trustees has met at the times and place specified in the Notice of Public Hearing on the proposed budget and heard all persons desiring to be heard thereon; and, subsequently consulted with the appropriate Village officials on the contents thereof and determined that certain modifications would be desirable; and Whereas, the budget was reviewed and amended at Budget Work Sessions held on March 22, 2017, March 23, 2017 and March 27, 2017 and at Budget Public Hearings on April 4, 2017 and April 18, 2017. Now, therefore, be it resolved, that the Tentative Budget be amended and revised as follows: BUDGET CHANGES WORKSHEET WILL BE ENTERED INTO THE MINUTES Page 18 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Budget Resolution (B) Resolution Adopting a Budget for the Fiscal Year Commencing June 1, 2017 and Ending May 31, 2018 Making Appropriations for the Conduct of the Village Government and Establishing the Rates of Compensation for Officers and Employees for Such Period. Whereas, the Village Board of Trustees has met at the time and place of April 4, 2017 and April 18, 2017, as specified in the Notice of Public Hearing on the tentative budget and heard all persons desiring to be heard thereon; and Whereas, the Tentative Budget has been amended as specified in Budget Resolution (A). Now, therefore, be it resolved, that the budget as amended at Budget Work Sessions held on March 22, 2017, March 23, 2017 and March 27, 2017 and as presented at the Budget Public Hearings on April 4, 2017 and April 18, 2017 as hereinafter set forth is hereby adopted and the salaries and wages stated in the Salary Schedule of the budget are fixed at the amounts shown and are effective June 1, 2017, unless provided for by other means. Budget Resolution (C) Resolution Levying the 2017 Village Tax, Establishing the Tax Rate and Fixing Dates of Payment Note: In accordance with § 1420 of the Real Property Tax Law, upon completion of the budget, but not later than May 15th, the Board of Trustees shall determine and levy the tax for the ensuing fiscal year. Whereas, pursuant to § 5-508 of the New York State Village Law, the Board of Trustees has adopted the Village Budget for the fiscal year commencing June 1, 2017 and ending May 31, 2018; and Whereas, such budget as adopted establishes a general Village Tax Levy of $ for this period. Now, therefore, be it resolved, that there are levied and assessed the sum of $ against all taxable real property and special franchise in the Village, pursuant to this budget, as adopted, and the 2017 Village Tax Rate is set at $ per thousand dollars of assessed valuation for Homestead Properties and $ per thousand dollars of assessed valuation for Non-Homestead Properties. The Receiver of Taxes for the Town of Pelham is hereby authorized and directed to extend and carry out upon the 2017 tax roll the amount to be levied against each parcel of real property and each special franchise shown thereon; and Be it further resolved, that pursuant to § 1432 of the Real Property Tax Law, taxes levied as aforesaid are due June 1st, and payable by June 30, 2017, and the dates and rates of interest shall be set as follows: Page 19 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Payment Due: June 1, 2017 From June 1, 2017 to June 30, 2017 – No Interest On July 1, 2017 – 5% will be added and 1% additional on the first day of each month thereafter until paid. Budget for the Village of Pelham for the Fiscal Year June 1, 2017 to May 31, 2018 General Fund: General Government Support $ Public Safety $ Transportation $ Culture and Recreation $ Home and Community Services $ Employee Benefits $ Debt Service $ Transfer to Capital $ Total $ Less Estimated Revenue $ Tax Levy $ Assessed Valuation: Homestead $ Tax Rate Per Thousand: Homestead $ Assessed Valuation: Non-Homestead $ Tax Rate Per Thousand: Non-Homestead $ The total amount of local assistance to the General Fund anticipated to be received from the State of New York during the Fiscal Year 2017-18 $ PLEASE NOTE: It is the taxpayer’s responsibility to remember the due date of the tax payment – June 1, 2017 payable without interest until June 30, 2017 SENIOR CITIZENS: You may be eligible for tax exemption if you are age 65 and over. For more information, please call or write: Town Receiver of Taxes or Town Tax Assessor 34 5th Avenue 34 5th Avenue PELHAM, NY 10803 PELHAM, NY 10803 Page 20 Board of Trustees Regular Meeting Tuesday, April 18, 2017 914-738-1642 914-738-2878 THIRD PARTY NOTIFICATION Under New York State Law (Chapter 758, Laws of 1986) if you are either 65 years of age or older or disabled and own and occupy a 1, 2, or 3 family residence, you may designate a consenting adult third party to receive duplicate copies of your tax bills and notice of unpaid taxes until further notice. Applications may be obtained in person from the Tax Office, 34 5th Avenue, Pelham, New York 10803 or by mail if you include with your request a self-addressed stamped envelope. Applications for third party notification must be filed with the Receiver of Taxes no later than June 1, 2017. TAX SCHEDULE JANUARY: Second Half School Taxes Town of Pelham APRIL: Town Taxes Town of Pelham JUNE: Village Taxes are due w/o interest by June 30th To: Village of Pelham (Town Receiver of Taxes) SEPTEMBER: First Half School Taxes Town of Pelham The data used to calculate real property taxes due is shown in Appendix 4 of the 2017-18 Village of Pelham Budget. The Village of Pelham, Assessed under Full Valuation by the Town of Pelham, shall submit assessment information in compliance with the applicable Section of the Real Property Tax Law. If you feel your assessment is too high, you have the right to seek a reduction in the future. Applications for challenging your assessment and a copy of the booklet “How to File a Complaint about Your Assessment” are available at the Assessment Office. Any tax questions can be answered by calling the Town of Pelham Tax Assessor at 738-2878 or the Town of Pelham Receiver of Taxes at 738-1642 for Village, School or Town tax information. Page 21 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Budget Resolution (D) 2017-18 Village of Pelham Budget Authorization for Investments Be it resolved, that the Village Administrator/Treasurer and/or Deputy Village Treasurer, during the fiscal year beginning June 1, 2017 are authorized to invest monies not needed for immediate expenditure in accordance with the provisions of the General Municipal Law, the Local Finance Law and the Village’s Investment Policy. Budget Resolution (E) 2017-18 Village of Pelham Budget Resolution Authorizing the Levy and Collection of Additional Taxes upon Termination of Exempt Status Be it resolved, that the Town Assessor and Receiver of Taxes, during the fiscal year beginning June 1, 2017 are authorized to levy and collect additional Village taxes upon termination of exempt status of real property in accordance with provisions of Section 494 of the Real Property Tax Law. Page 22 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Item # 15 – Public Discussion and Consideration of the Village of Pelham’s MS-4 Report Under the Environmental Protection Agency Phase II Storm water Management Guidelines, and Authorizing the Submission to the New York State Department of Environmental Conservation for Consideration of Renewal of the Village’s State Pollutant Discharge and Elimination System Permit The documentation for the SPDES permit was prepared by Michael Ritchie and James Maxwell of Dolph Rotfeld Engineering. The federal law commonly known as Storm water Phase II Permits will be required for storm water discharges from Municipal Separate Storm Sewer Systems (MS4s). To implement the law, the NYSDEC has developed two general permits, one for MS4s in urbanized areas and one for construction activities. The permits are part of the State Pollutant Discharge Elimination System (SPDES) and the operators of regulated MS4s and operators of construction activities must obtain permit coverage under either an individual SPDES permit or one of the general permits. The reporting period is from March 2016 to March 2017. The report must be compiled and submitted to the NYSDEC by June 1, 2017. Page 23 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Item # 16 – Authorizing an Inter-Municipal Agreement with the City of New Rochelle for Street Resurfacing and Engineering Services Mayor Volpe stated that the Village entered into an inter-municipal agreement with the City of New Rochelle and Village of Pelham Manor to publically bid and award a contract for street resurfacing. Resolution Authorizing an Inter-Municipal Agreement with the City of New Rochelle for Street Resurfacing and Engineering Services Whereas, the Village of Pelham, Village of Pelham Manor and the City of New Rochelle are desirous of entering into an agreement in order to publicly bid and award a contract for implementing a street pavement resurfacing contract, utilizing CHIPS funding or other funding sources, for various public roadways in each of the communities. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Village Administrator to execute an Inter-Municipal agreement with the City of New Rochelle for street resurfacing and engineering services (attached hereto and made a part hereof); and Be it further resolved, that the Mayor and Village Administrator and are authorized to take the necessary and appropriate actions to effect this resolution. Motion by: Trustee Ferrara Seconded by: Trustee Kagan Vote: 7-0 Page 24 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Item # 17 – Calling for a Public Hearing on a Local Law to Repeal Local Law No. 1 of 2017 and to Repeal the Override of the Tax Levy Limit Established in General Municipal Law §3-c This item was tabled Resolution Calling for a Public Hearing on a Local Law to Repeal Local Law No. 1 of 2017 and to Repeal the Override of the Tax Levy Limit Established in General Municipal Law §3-c Whereas, on March 22, 2017, in anticipation that it may be required to adopt a budget which imposes a tax levy increase greater than the limit set forth in General Municipal Law §3-c for the fiscal year commencing June 1, 2017 – May 31, 2018, the Board of Trustees of the Village of Pelham adopted Local Law No. 1 of 2017, entitled: “A Local Law to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c; and Whereas, according to New York State’s Property Tax freeze legislation, in order to qualify homeowners for a rebate check from the State, the Village must levy a property tax increase no higher than the State tax cap and must also repeal any Local Law that authorized overriding that cap; and Whereas, it has now been determined that the fiscal year 2017-18 Village of Pelham Budget will not impose a tax levy increase greater than the limit set forth in General Municipal Law §3-c. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, May 2, 2017 at 8:00 p.m. or soon thereafter at Village Hall, 195 Sparks Avenue, Pelham NY 10803 on a proposed Local Law to repeal Local Law No. 1 of 2017 and to repeal the override of the tax levy limit established in General Municipal Law §3-c; and Be it further resolved, that the Village Clerk is hereby directed to public notice of said public hearing. Page 25 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Item # 18 – Accepting Resignation of Village Administrator/Treasurer This item was tabled until Tuesday, May 2nd Resolution Accepting Resignation of Village Administrator/Treasurer Whereas, Robert A. Yamuder, by the attached letter dated March 27, 2017, and effective Friday, May 26, 2017 submitted his resignation letter as Village Administrator/Treasurer for the Village of Pelham; and Whereas, said resignation letter must be formally accepted by the Village Board of Trustees. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby accepts the resignation of Robert A. Yamuder by the attached letter dated March 27, 2017, and effective May 26, 2017; and Be it further resolved, the Board of Trustees thanks Mr. Yamuder for his 8 years of dedicated service and wishes him well in his future endeavors. Page 26 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Item # 19 – Other Business Page 27 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Recurring Items Item # 20 - Authorizing the Accounts Payable Trustee Reinke 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 $207,622.57 Capital Projects Fund $96,994.70 Trust and Agency Fund $0.00 TE Expandable Trust Fund $0.00 Grand Total $304,617.27 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Motion by: Trustee Ferrara Seconded by: Trustee Kagan Vote: 7-0 Page 28 Board of Trustees Regular Meeting Tuesday, April 18, 2017 Item # 21 – Authorizing the Minutes of: February 28, 2017 February 28, 2017 as amended: Motion by: Trustee Kagan Seconded by: Trustee Ferrara Vote: 7-0 Item # 22 – Adjournment to Executive Session The public portion of the Board meeting was adjourned at 11:05 p.m. to enter into Executive Session to discuss a personnel issue, after which time the Board would adjourn for the evening. Motion by: Trustee Reinke Seconded by: Trustee Reim Vote: 7-0 Respectfully submitted, Christopher Scelza Assistant to the Village Administrator Page 29