Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, MAY 2, 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. Discussion on 30 Linden Avenue 9. 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 10. Resolution Amending § 90-52 Schedule XIII: No Parking Certain Hours, as Authorized by § 90-19, to Remove Parking Restrictions Pertaining to Ninth Avenue and Park Place 11. 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) 12. Discussion on Immigration Related Issues 13. Discussion on Proposed Change of Payroll Processing Vendor 14. Other Business Recurring Items 15. Authorizing Accounts Payable 16. Authorizing the Minutes of: March 22, 2017 17. Adjournment to Executive Session Next Regularly Scheduled BOT Meetings: Tuesday, May 16, 2017 Tuesday, June 6, 2017 All meetings start at 8:00 p.m. unless otherwise noted. *The Agenda is subject to change.* Board of Trustees Regular Meeting Tuesday, May 2, 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 Kagan, Ferrara, Mullen, Reim, Reinke, and Spira-Cohen. Village Administrator Yamuder was absent. Assistant to the Village Administrator Scelza was present. Mayor’s Report: Mayor Volpe read a letter from a resident dated April 22nd thanking Pelham’s Police Department, (Luci, 51 White Oak St). Secondly, Mayor Volpe read a letter from a resident (undisclosed) concerning the Crystal Cleaners contamination cleanup and the BDFZ building proposals. Mayor Volpe encouraged residents to attend Wolfs Lane Park’s opening on May 19th. Senator Klein was announced to be present at the park opening. Mayor Volpe announced a public meeting on May 18th . Trustees’ Report: Trustee Ferrara expressed gratitude to Susan Mutti for her dedication in overseeing the Wolfs Lane Park renovation. Trustee Ferrara reported progress in the Wolfs Lane Park renovation on the permadrive and the base for a new ping pong table being installed. The Pelham Art Center is scheduled to have their the first temporary outdoor sculpture exhibit installed in Wolfs Lane Park by the end of May. ******** Trustee Kagan expressed gratitude to Police Chief Joseph Benefico, and Lieutenant Jason Pallet for updating him on police scheduling, contract negotiations, and police union relations. Trustee Kagan stated that he is in an email disagreement with Cablevision on a franchise renewal with the village. He is negotiating to have the company pay for legal fees under the village code. Trustee Mullen had nothing to report. ******** Page 2 Board of Trustees Regular Meeting Tuesday, May 2, 2017 Trustee Reim congratulated the Fire Chief James DiNapoli for passing his civil service fire chief exam. He encouraged resident participation in the civics golf outing on June 20th. ******** Trustee Reinke had nothing to report. ******** Trustee Spira-Cohen’s report could not be heard due to the poor audio quality of the BOT meeting video. Village Administrator’s Report: Assistant to the Village Administrator Scelza had nothing to report on behalf of Village Administrator Yamuder. Item # 7 – Public Comments No public comments. Page 3 Board of Trustees Regular Meeting Tuesday, May 2, 2017 Non-Recurring Items Item # 8 – Discussion on 30 Linden Avenue Brian Callahan, former resident of 22 Linden Avenue, stated that he appreciates the efforts of the board in resolving this issue. Callahan stated that he has no malice in his heart toward the resident causing the issues in 30 Linden Avenue. Peter Quartararo, 32 Linden Avenue, stated that the issue must be resolved as soon as possible because the garbage thrown in the yard of 30 Linden Avenue puts his family at risk. He presented pictures of the yard’s condition to Mayor Volpe and the Board. Denise Lipolis, New Paltz (sister of Mr.Callahan) stated that she has been working with the Department of Health. She expressed gratitude to Mayor Volpe and the Board for their service. Ms. Lipolis questioned Mayor Volpe and the Board if issues within the home could be addressed. Brian Veith, 28 Chesnut Avenue, Co-President of the Chester Park Association, expressed that the association has made attempts to help the resident living in 30 Linden Avenue. He stated that on his way to the meeting he drove past the home and reported “terrible” conditions, specifically referring to the resident’s porch. Jill Quartararo, 32 Linden Avenue, stated that the conditions at 30 Linden Avenue pose a health threat to her family and the neighbors, and especially to the children. She also expressed concerns about the disordered state of 30 Linden Avenue affecting property values. Mrs. Quartararo stated that she went to court in 2011 concerning this issue, and that a neighbor was infected with the West Nile Virus and died as a result of the conditions from 30 Linden avenue. Page 4 Board of Trustees Regular Meeting Tuesday, May 2, 2017 Item # 9 – 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 Mayor Volpe explained to the public that this resolution would allow the Board to pass a local law allowing the Village to exceed the tax cap. He stated that this year, the Village will not exceed tax cap. Mayor Volpe stated that the tax levy increase is 1.51%, so he will not propose a tax increase above the limit and seeks to acknowledge this through a resolution. This local law is necessary to preserve the option for the Village to exceed the cap, in the event unforeseen circumstances arose, and is the same resolution as we have adopted in past years. The local law is then repealed if it is not used after the budget is adopted with an increase below the tax cap. 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 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 16, 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. Motion by: Trustee Mullen Seconded by: Trustee Ferrara Vote: 7-0 Page 5 Board of Trustees Regular Meeting Tuesday, May 2, 2017 Item # 10 – Amending § 90-52 Schedule XIII: No Parking Certain Hours, as Authorized by § 90- 19, to Remove Parking Restrictions Pertaining to Ninth Avenue and Park Place Patricia Mazza, 410 Ninth Avenue, stated that the parking restrictions on Ninth avenue are burdensome to the Ninth Avenue residents, and they would like the parking restrictions removed. Trustee Reinke stated this resolution was the result of various conversations with the residents on Ninth Avenue to resolve the parking issue. Trustee Kagan stated that this resolution is a test case because there is no uniform solution. “Every street has its own differences.” He encouraged residents to present any issues that they may have to the Board. Trustee Reim encouraged neighborhood participation in resolving issues. Resolution Amending § 90-52 Schedule XIII: No Parking Certain Hours, as Authorized by §90- 19, to Remove Parking Restrictions Pertaining to Ninth Avenue and Park Place Whereas, the Village Board of Trustees at their meeting on October 18, 2016 adopted a resolution amending § 90-52 Schedule XIII of the Village Code which added parking restrictions on portions of Ninth Avenue and Park Place as per residents request to deter commuter parking in their neighborhood; and Whereas, the residents of Ninth Avenue and Park Place have voiced their opposition to the parking restrictions and have requested they be removed. Now, therefore, be it resolved, that § 90-52 Schedule XIII: No Parking Certain Hours, as authorized by § 90-19 of the Code of the Village of Pelham is amended to remove the following locations: Street Name Side Hours/Days Location Ninth Avenue Both 12:00 p.m. to 2:00 p.m. Entire Length Monday through Friday Park Place Both 12:00 p.m. to 2:00 p.m. Entire Length Monday through Friday Motion by: Trustee Ferrara Seconded by: Trustee Reinke Vote: 7-0 Page 6 Board of Trustees Regular Meeting Tuesday, May 2, 2017 Item # 11 - 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) Mayor Volpe discussed the Civil Service Employees (CSCA) stating that six proposals have been exchanged. Nine employees are in the bargaining unit. He further stated that the Board will address the special skills category and will pay stipends for special skills work. 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 representing the Village’s Public Works Employees (“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, 2016 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. Motion by: Trustee Ferrara Seconded by: Trustee Mullen Vote: 7-0 Page 7 Board of Trustees Regular Meeting Tuesday, May 2, 2017 Item # 12 – Discussion on Immigration Related Issues Maryanne Joyce, 142 Nyac Avenue, thanked Mayor Volpe and the Board for posting language that follows the Attorney General’s guidelines on the Village website. Joyce spoke in support of the Village adopting a local law or resolution concerning immigration; this resolution would protect the Village and the police from claims of unlawful detainers and discrimination. Joyce stated that the resolution would preserve community resources by ensuring that residents’ tax dollars are not being used to do the job of the federal government, and seeks its passage in the next meeting. Dominique Shuminova, 21 Fifth Avenue, spoke in support of the Village adopting a local law resolution concerning immigration. She read a statement. Shuminova stated that the Village is putting residents in danger by delaying the process of passing a resolution on immigration. Marilyn Zelinski, 60 1st Street, spoke in support of the Village adopting a local law or resolution concerning immigration. Zelinski stated that her main concern is whether residents’ tax dollars should be used to pay for the responsibilities of the federal government. Peter Monaco, 155 Jackson Avenue, spoke in opposition of the Village adopting a local law resolution concerning immigration. Monaco stated that the resolution will place unnecessary restrictions on Pelham’s police department. He emphasized that cooperation with other agencies will protect residents. Charles Meyer, 171 Harmon Avenue, spoke in opposition of the Village adopting a local law resolution concerning immigration. Charles stated that many residents are not aware of this resolution. Matthew Hughes, 660 Ely Avenue, echoed the sentiments of Charles Meyer, and spoke in opposition of the Village adopting a local law resolution concerning immigration. He stated that the proposal could potentially negatively impact the education system. Shayna Klopott, 318 Cliff Avenue, spoke in favor of the Village adopting a local law resolution concerning immigration. Klopott stated that she believes that the Village is responsible for taking action concerning this matter, and that the resolution would not negatively impact the property values or the education system. Jeannette Driesen, 144 Pelhamdale Avenue, spoke in favor of the Village adopting a local law resolution concerning immigration. Driesen stated that the resolution would protect the police department and tax payers from lawsuits. Maggie Klein, Pelham Plus, stated that Pelham Manor Board and the Village of Pelham board have adopted statements to protect residents from unlawful detainment from the Pelham police. Page 8 Board of Trustees Regular Meeting Tuesday, May 2, 2017 Trustee Reim stated that this is a public safety issue because marginalized people will be afraid to report crimes. He stated that he supports adopting a local law or resolution because the conversation on immigration has changed. Trustee Reim stated that there is no evident threat to residents’ tax dollars. Trustee Reinke responded to concerns of residents stating that she is in favor of the resolution. She stated that “If this is a warm and welcoming community, it has to be warm and welcoming to all.” Deputy Mayor Kagan responded to concerns of the residents who spoke in opposition to the resolution, and encouraged them to read the draft on the website, so they can be better informed on the matter. He further stated that the Board would not vote on a resolution in this meeting. Trustee Mullen in response to the concerns of the residents stated that it is important to give people time to absorb and process the resolution. He stated that Pelham does not have a large population of undocumented immigrants or an industry that would attract them. Trustee Mullen stated that it is not reasonable to trade the dignity of Pelham for grant money. Trustee Spira-Cohen spoke in support of the Village adopting a local law or resolution concerning immigration. She stated that immigration was one of her campaign issues and that there is public support for the resolution. Mayor Volpe stated that this issue has been discussed at televised meetings. He stated that many people have expressed their sentiments by signing petitions, however, the Village will look for new ways to communicate with the residents. Mayor Volpe stated that the resolution will be added to the agenda as an item for the next meeting on Tuesday, May 16th. Page 9 Board of Trustees Regular Meeting Tuesday, May 2, 2017 Item # 13 – Discussion on Proposed Change of Payroll Processing Vendor Assistant to the Village Administrator Chris Scelza presented to Mayor Volpe and the Board of Trustees an alternative pay roll processing vendor, Paylocity, so the Village can switch from ADP to Paylocity. He stated that Paylocity is cheaper, incorporates the ACA, and it will provide better services for the Village through a self-service portal and a mobile application. Scelza stated he has references from the Village of Dobbs Ferry and the Village of Ardsley that can attest to Paylocity’s service catalog. Page 10 Board of Trustees Regular Meeting Tuesday, May 2, 2017 Item # 14 – Other Business Parking Issues Louise Podszus, 59 Clifford Avenue, expressed concerns about residents parking on the Village sidewalks at inappropriate times and cars being parked incorrectly. She would like the police department to enforce the law. Building Fee Schedule Mayor Volpe said that he asked Joe Senerchia, the building inspector, to review the fee schedule, for any changes or recommendations. Mayor Volpe presented Joe Senerchia’s recommendations to the Board. Page 11 Board of Trustees Regular Meeting Tuesday, May 2, 2017 Recurring Items Item # 15 - Authorizing the Accounts Payable Trustee Ferrara 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: Fund Name: Amount General Fund $91,731.52 Capital Projects Fund $443.48 Trust and Agency Fund $0.00 TE Expandable Trust Fund $0.00 Grand Total $92,175.00 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 Mullen Vote: 7-0 Page 12 Board of Trustees Regular Meeting Tuesday, May 2, 2017 Item # 16 – Authorizing the Minutes of: March 22, 2017 March 22, 2017 as amended: Motion by: Trustee Reim Seconded by: Trustee Reinke Vote: 7-0 Item # 17 – Adjournment to Executive Session The public portion of the Board meeting was adjourned at 10:30 pm to enter into Executive Session to discuss a personnel matter, after which time the Board would adjourn for the evening. Motion by: Trustee Kagan Seconded by: Trustee Ferrara Vote: 7-0 Respectfully submitted, Christopher Scelza Assistant to the Village Administrator Page 13