Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, SEPTEMBER 12, 2017, 7:30 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY 10803 MINUTES 1. Call To Order 2. Pledge of Allegiance 3. Roll Call 4. Swearing In of Architectural Review Board Members 5. Mayor’s Report 6. Trustees’ Reports 7. Village Administrator’s Report 8. Public Comments # Agenda Items: Non-Recurring Items 9. Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department 10. Resolution Authorizing the Promotion of a Police Officer to the Position of Police Sergeant in the Village of Pelham Police Department 11. Resolution Appointing Village Administrator 12. Presentation by Westchester Power on the Community Choice Aggregation Energy Program 13. Discussion on Proposed Immigration Policy 14. Discussion on Capital Budget Planning 15. Resolution Authorizing the Appointment of a Part Time School Crossing Guard 16. Resolution Closing Village of Pelham Water Fund Effective July 22, 2016 17. Resolution Authorizing Forfeiture of Street Opening Deposit 18. Resolution Calling for a Public Hearing on Local Law No. 5 of 2017 to Amend Chapter 2 of the Village Code Regarding the Village Administrator 19. Resolution Adopting the 2017 Adjusted Base Propositions using the 2016 Final Assessment Roll and Rates provided by the Town Assessor for the Village of Pelham 2018 Tax Levy 20. Other Business Recurring Items 21. Authorizing Budget Amendments and Transfers for Fiscal Year 2017-18 22. Authorizing Accounts Payable 23. Authorizing the Minutes of: 24. Adjournment to Executive Session (if needed) Next Regularly Scheduled BOT Meetings: Tuesday, September 26, 2017 Tuesday, October 10, 2017 All meetings start at 7:30 p.m. unless otherwise noted. *The Agenda is subject to change.* Board of Trustees Regular Meeting Tuesday, September 12, 2017 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Volpe at 7:30 pm. Item # 2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Volpe. Item # 3 – Roll Call: Present were Trustees Kagan, Mullen, Potocki, Reinke, and Spira-Cohen. Trustee Ferrara was excused for this meeting. Village Administrator Gallagher and Assistant to the Village Administrator Scelza were present. Item # 4 – Swearing In of Architectural Review Board Members: Mayor Volpe stated that he made appointments to the land use boards. Richard Veith became the Chairman of the Zoning Board, Joseph Marty became the Chairman of the Planning Board, and Ciro Greco was appointed to the Planning Board for his construction expertise. Ron Czajka has been re- appointed as the Chairman of the Architectural Review Board, and Mayor Volpe asked Marilyn Zielinkski and Rick Deere to serve after former members Barbara Bartlett and Nigel Scott Williams vacated their roles. Mayor Volpe stated that Marilyn Zielinkski’s perspective will be invaluable to the ARB because of her experience with the Marbury Corners development, and Rick Deere is an asset because of his knowledge in code enforcement and construction. Mayor Volpe thanked Barbara Bartlett and Nigel Scott Williams for their service. Mayor’s Report: Mayor Volpe reported a traffic incident that occurred on Friday, September 8th near Pelham High School; an individual was involved in a minor car accident near the northbound Hutchinson River Parkway exit, and fled the scene with a bag from his car as he ran towards the high school, where he was spotted by a security guard. The security guard notified his colleagues in the Police Department, and Lieutenant Pallet locked down the school. While the police looked for the suspect, officers were dispatched to all six schools, and the suspect was apprehended by Pelham Village Police Officer Eugene Sisto and Pelham Manor Police Officer Nicholas Schwartz at Siwanoy Elementary School near Pelhamdale Avenue. Mayor Volpe thanked the Police Department for all their efforts in ensuring the safety of the community. Page 2 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Mayor Volpe informed the community of the upcoming Westchester County Municipal Officers meeting on Thursday, September 14th at 6:00 pm, and the Town of Pelham will be hosting the event at Sergio’s Ristorante. Mayor Volpe stated the Village of Scarsdale will be presenting information on their food scrap recycling/composting program at the meeting. Mayor Volpe reported schools are open, so he implores people to drive, walk, and cross the street with caution. Mayor Volpe informed the community that the noise emanating from Mount Vernon this past weekend was the result of a house party, not a concert, so please direct noise complaints to the Mount Vernon Police Department. Mayor Volpe stated that he and Mayor Thomas have an excellent working relationship; Mayor Thomas has been mindful of our community’s concerns, so Mayor Thomas has repositioned the speakers for the concert series, and purchased a decibel sound meter to monitor the noise levels at Hutchinson Field. Mayor Volpe reported he will be attending a shared services meeting at the Westchester County Center on Friday, September 15th at 8:30 am. They will be voting on a plan that was created with input from the local elected officials. Mayor Volpe thanked Senators Chuck Schumer and Kirsten Gillibrand for securing the Village of Pelham Fire Department with a grant for the amount of $101,905 to purchase a new rescue vehicle. The funding was through the Department of Homeland Security’s Assistance to Firefighters Grants (AFG) Program and as a result the Village only has to contribute $5,000. Mayor Volpe would also like to thank Fire Chief James DiNapoli and Lieutenant Benkwitt for their efforts in this endeavor. Mayor Volpe shared a story about the generosity of Barbara Proper, who donated some of her deceased husband’s items to the community. Barbara Proper donated a book to the firehouse titled “The History of New York Firemen from 1609-1887”, as well as her late husband’s construction tools to Habitat for Humanity, so the Mayor would like to thank Ms. Proper for her gifts to the community. Mayor Volpe reported the Fire Department saved an individual by administering naloxone, which is a medication that reverses the effects of an opioid overdose. Mayor Volpe stated the 9/11 Memorial event took place yesterday, so he thanked those who arranged, participated, and attended the event. Mayor Volpe hopes the Village of Pelham will continue to demonstrate compassion and respect towards other people’s perspectives during these troubling times because hate groups and free speech forums incite violent behaviors. Mayor Volpe would like the Village to keep in mind Houston and Florida, so please help out in any way you can. Mayor Volpe reported the host of the Shop Party donated the proceeds of the auction events to the Houston Food Bank. Page 3 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Mayor Volpe reported there is a public meeting notice, circling the community about the replacement of the third street bridge. The New York State Department of Transportation will host a Public Meeting at the Daronco Town House on Tuesday, Sept. 19 from 7 p.m. to 8:30 p.m. The public meeting will inform the public about the East 3rd Street Bridge replacement project in the Village of Pelham and the City of Mount Vernon. Mayor Volpe reported the Pelham Picture House will be hosting the 6th Annual Picnic in the Park on Saturday, September 16th at 6 pm at Wolfs Lane Park for an advance screening of Battle of the Sexes. Trustees’ Report: Trustee Ferrara was excused. ******** Trustee Kagan had nothing to report. ******** Trustee Mullen thanked Senators Chuck Schumer and Kirsten Gillibrand for securing the Village of Pelham Fire Department with a grant for the amount of $101,905 through the Assistance to Fire fighters Grant Program. The Village of Pelham Fire Department will replace Rescue 45, a 21 year old vehicle that was on the Fire Department’s Capital Project list, so the grant saved the community over $100,000. Trustee Mullen also thanked Fire Chief James DiNapoli and Lieutenant Benkwitt for their work on securing the grant funds. ******** Trustee Potocki reported the Village is moving forward with the siphon alternative to address the sewer obstruction on the corner of 5th Avenue and 6th Street, but there have been issues in combining the Leonard Jackson and Dolph Rotfeld proposals, so they need to review this further. Trustee Potocki stated the Assistant the Village Administrator Scelza or Village Administrator Gallagher will elaborate further. ******** Trustee Reinke reported that she wants to keep composting on people’s minds. Trustee Reinke reported that the proposed composting partnership between the Village of Pelham and Village of Pelham Manor has been unsuccessful thus far, so the Village of Pelham will have to move forward. ******** Page 4 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Trustee Spira-Cohen reported an upcoming design online webinar hosted by the LED street lights consortium on Monday, September 18th. Trustee Spira-Cohen reported the webinar will help municipalities improve their design and provide feedback specific to municipalities; Assistant to the Village Administrator Scelza will be participating in the webinar. Trustee Spira-Cohen reported she is working with a group of residents to conduct outreach for the Solarize project, and she would like to open the project up to Pelham Manor residents, perhaps with a sponsorship at the Town level or through civic groups. Trustee Spira-Cohen reported the Request for Information (RFIs) will be released this month, so she is trying to determine if there is support for the Solarize project. Trustee Spira-Cohen reported Dan Welsh, Program Director from Westchester Power, will be presenting this evening on the Community Choice Aggregation program renewal. Trustee Spira-Cohen reported she is working on the draft for the Sustainability Committee and she will share it with the Board, Eco-Pel, and the Pelham Preservation Society soon. Trustee Spira-Cohen reported on Tuesday, September 19th there will be a kick off meeting to discuss the potential of an outdoor summer market, so if anyone wants to attend or participate in the market, please reach out to her or Trustee Ferrara. Village Administrator’s Report: Village Administrator Gallagher reported on the storm water drainage project, so the Village is working through some design issues between the two engineering firms (Leonard Jackson and Dolph Rotfeld). The engineering firms have encountered differences in the measurements of the potential storm water run-off from Glenwood lake, which perhaps is the result of the ten year time lapse between the engineering analyses. Village Administrator Gallagher stated the potential increase in storm water rain has impacted the designs, so the Village is trying to conflate the two projects, and figure out the next steps. Mayor Volpe asked if the Village is moving ahead with plans to fix the 5th Avenue and 6th Street pipe, and Village Administrator Gallagher reported they are, but they need to work out the details of the plan whether the pipe has to be rerouted or if they can change the depth of the pipe. Page 5 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Item # 8 – Public Comments Susan Mutti, 4th Avenue, congratulated John Gallagher on his appointment, she has worked with Mr. Gallagher on the Wolfs Lane Park project, and said his turn-around time and attention to detail will serve the Village well. Ms. Mutti announced an upcoming exhibit hosted by the Pelham Arts Center called “The Children’s Hour” curated by Lisa Banner, which will open on Friday, September 15 th. Ms. Mutti left the Pelham Arts Center Fall catalog with the Board, which features classes for children and adults ranging from digital photography to stop motion animation. Ms. Mutti reported a sculpture exhibit in Wolfs Lane Park called “touchstone” by the artist Beatrice Wolert that will have participants interact with the piece by viewing and touching the textures of the two structures. Ms. Mutti said Arts Fest is coming up Columbus Day weekend on October 7th and 8th, so please look out for additional information. Page 6 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Non-Recurring Items Item # 9 – Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department Mayor Volpe reported Sergeant Chris Casucci retired in June, which resulted in the need for a new hire and promotional opportunity. Mayor Volpe thanked Sergeant Casucci for his service. Mayor Volpe stated the Village is fortunate to have come across a candidate like William Stapleton, who will be transferring from Mount Vernon PD to our Police department. Mayor Volpe stated the Village is considering enrolling individuals in the Academy to ensure the department is adequately staffed in the future. Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of William Stapleton of Hartsdale, NY to the position of Police Officer 3 rd Grade, effective Monday, September 11, 2017 at an annual salary of $81,868.00 subject to the requirements of Westchester County Civil Service, for a probationary period of one (1) year; and Be it further resolved, that the Mayor, Village Administrator and Police Chief are authorized to take the necessary and appropriate actions to effect this appointment. Motion by: Trustee Kagan Seconded by: Trustee Potocki Vote: 6-0 Trustee Ferrara was absent Page 7 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Item # 10 – Authorizing the Promotion of a Police Officer to the Position of Police Sergeant in the Village of Pelham Police Department Mayor Volpe stated there were a number of strong applicants for this position, and that the Mayor, Trustee Kagan and the Police Chief and Lieutenant conducted interviews of the applicants. The Mayor thanks the officers that expressed interest in this role. Mayor Volpe stated Mr. Sousa is always prepared, and he will serve the Police Department well. Resolution Authorizing the Promotion of a Police Officer to the Position of Police Sergeant in the Village of Pelham Police Department Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the promotion and appointment by the Mayor of Paul Sousa of Pelham, NY to the position of Police Sergeant, from Civil Service Eligible List # 74-025, effective Monday, September 11, 2017 at an annual salary of $114,100.00 subject to the requirements of Westchester County Civil Service, for a probationary period of one (1) year; 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 Mullen Seconded by: Trustee Reinke Vote: 6-0 Trustee Ferrara was absent Page 8 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Item # 11 –Appointing Village Administrator Mayor Volpe reported after months of interviewing candidates, the Board decided to appoint the current interim Village Administrator, Mr. John Gallagher, of Pelham, NY as the Village Administrator on a full time basis. Mayor Volpe stated that Mr. Gallagher hit the ground running and he brings a legal expertise to the job, so Mayor Volpe is confident that Mr. Gallagher will exceed all expectations. Resolution Appointing Village Administrator Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of John Gallagher of Pelham, NY to the position of Village Administrator, effective Tuesday, September 12, 2017 at an annual salary of $147,500.00 subject to the requirements of Westchester County Civil Service; and Be it further resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Mayor to execute the attached Employment Agreement with Village Administrator John Gallagher. Motion by: Trustee Reinke Seconded by: Trustee Mullen Vote: 6-0 Trustee Ferrara was absent Page 9 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Item # 12 – Presentation by Westchester Power on the Community Choice Aggregation Energy Program Dan Welsh, Program Director from Westchester Power/Sustainable Westchester, updated the Board on the current status/success of the program. Mr. Welsh stated recently Sustainable Westchester leveraged their buying power to get discounts from automobile manufacturers and dealers for their Clean Transportation Program, which is evidence of the success of shared services. Page 10 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Item # 13 – Discussion on Proposed Immigration Policy Mayor Volpe notified the public the Board will not vote on the proposed immigration policy tonight, it is just a discussion. Mayor Volpe stated Trustee Kagan has researched the immigration question in depth, and reviewed the immigration policies of other communities. Mayor Volpe stated the City of New Rochelle and the Village of Tarrytown passed resolutions on the immigration issue, and the City of Rye Police Department issued a policy and procedure protocol. Mayor Volpe reported that he has been working with Trustee Kagan and the police department leadership to draft their own guideline, and they have made substantial edits to the draft. Mayor Volpe recommended that the current version of the draft be distributed among the Board, so they can review it before the next Board of Trustees meeting on Tuesday, September 26th. Trustee Kagan stated the current draft in front of the Board is essentially the City of Rye’s immigration document, and Trustee Kagan suggested the Village add a preamble that will apply to all departments to ensure delivery of services to everyone regardless of their status. Trustee Kagan stated he would like to see the current draft, with a preamble, posted on the website before the next Board of Trustees meeting. Trustee Mullen endorsed Trustee Kagan’s suggestion for a preamble. Page 11 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Item # 14 – Discussion on Capital Budget Planning Mayor Volpe said the Board has discussed constructing a capital budget plan in order to take on additional debt either through a bond anticipation note (BAN) or a bond. Mayor Volpe stated the Village would pay for the expenditures through capital project planning to secure low interest rates, and distribute the cost over several years, so it will lessen its impact on the community and assure that today’s taxpayers are not paying for long-lived assets in this year only. Mayor Volpe stated the Village’s bonding capacity is almost $100,000,000,and we have about $2.2 million in debt on favorable terms, but the new debt would be secured under even lower interest rates. Mayor Volpe has previously informed the department heads to devise a plan for their capital project expenditures because it is the prudent way for the Village to issue debt. Police Department: The traffic safety equipment listed under the DPW column should be moved to the Police Department’s column along with the addition of another expenditure: a backup generator that will cost $12,000 with a 12 year period of usefulness. Police Chief Joseph Benefico revealed he needs three patrol cars immediately, so the fourth patrol car could be purchased in 2018. Currently, two police patrol cars have 50,000 miles, one vehicle has 81,000 miles that is not safe to drive, so they are down one vehicle; the police department also has two administrative vehicles with over 100,000 miles used by the detectives in an undercover capacity. Trustee Kagan asked Village Administrator Gallagher if we purchase all four vehicles now, do we have to budget for all four in year one, and Village Administrator Gallagher answered if we have a BAN we can purchase them over time. Village Administrator Gallagher explained that a BAN is a bond anticipation note, which is a form of financing that has a life span of up to five years; it is a flexible form of financing (that currently has a favorable interest rate), where you can finance an item, create a BAN, and during its lifespan add more items to it, thus increasing the size of the BAN. The Village has an outstanding ban that will be paid off entirely after one more payment. Police Chief Benefico explained the police department needs a generator to operate during power outages. Police Chief Benefico explained their current system is wired in a manner that the generator will automatically will kick in during a power outage, so the police department will be able to run at 100%. Mayor Volpe asked about the traffic safety equipment, and Police Chief Benefico explained that the speed counters only account for $5,000, so the rest of the amount is for crosswalk flashing lights. According to the DPW General Foreman Shriman, they can install 2 sets of two for about $35,000 done in house by the Department of Public Works (DPW). Police Chief Benefico and General Foreman Shriman are scouting potential locations for the speed counters, which will collect traffic Page 12 Board of Trustees Regular Meeting Tuesday, September 12, 2017 data, so the police can examine traffic patterns and deploy officers more efficiently. The speed counters will be affixed to the poles with the installation done in house by DPW. Mayor Volpe thanked the Police Department for handling the traffic incident near Pelham High School. Mayor Volpe as recommended by Trustee Kagan, asked the Police Department to devise a protocol for students outside the school building during a lock out at their upcoming meeting with the Board of Education. Department of Public Works: Mayor Volpe said Trustee Ferrara apologized for her absence, but she discussed with the Mayor her plan for the Department of Public Works and the Village. Mayor Volpe reported Trustee Ferrara and General Foreman Michael Shriman proposed a sidewalk repair program, where the Village and the residents will enter into a joint agreement to repair their respective sidewalks together. The sidewalk repair program will be a cooperative agreement to repair sidewalks around the Village (Village owned and privately owned) to save money and maintain quality of service. Mayor Volpe stated with debt financing this program would launch during the third and fourth quarter of this year, so the Village would sign up people to enroll during this time, and start making repairs during the spring and summer. General Foreman Shriman suggested enrolling residents in the sidewalk repair program when issuing sidewalk violations around the Village, so they can take advantage of the lower rates through coordination with the Village. The sidewalk repair program will run every two to three years and cost about $500,000. General Foreman Shriman revealed Village responsible sidewalks are sidewalks around Village owned parcels of land and where a Village owned tree has damaged the sidewalk. The $500,000 designated for street resurfacing would only cover about 4-5 red streets, and the list will only expand after the winter season as the yellow designated streets will become red. General Foreman Shriman elaborated on his road repair classification system, darker reds are the roads frequently travelled like the area around the train station, but lighter reds can warrant immediate repair like the incident on Pelhamdale a few years ago. Mayor Volpe made an executive decision to spend $30,000 to fix Pelhamdale because the conditions of the road may have caused an accident. Trustee Kagan and Trustee Spira-Cohen wondered if there are best practices available to increase the longevity of the roads, but General Foreman Shriman said just the equipment he requested, the tractor with the plow and the grass mower. Fire Department: Fire Chief James DiNapoli requested an Engine 4 replacement and a cascade fill station. The cascade system fills the firemen’s air tanks they wear in an environment with non-breathable air, usually in a structure fire or on a carbon monoxide call; the current cascade fill station is past its 30 year period of expected usefulness. The Village needs its own cascade fill station because sharing it Page 13 Board of Trustees Regular Meeting Tuesday, September 12, 2017 is not a feasible option, even in a neutral location with Pelham Manor; air packs are an OSHA requirement, and the cascade station fill station will support the ability to maintain the air packs. Fire Chief DiNapoli reported Engine 4 is a 1997 Seagrave pumper, which currently serves as their mainline use pumper since Engine 5 is down, but Engine 4 is due for replacement because it has experienced a number of age related issues which bring into question its reliability and longevity. Fire Chief DiNapoli stated replacing Engine 4 will prolong the lifespan of Engine 5, which was purchased in 2007, so it has 7 years left in its 20 year life span; this is the best time to replace Engine 4 because we would run the risk of having to replace multiple trucks at the same time. The fire department is required by the Insurance Service Office (ISO) to deliver 3,000 gallons of water per minute, and having one engine would inhibit their ability to meet their 3,000 gallon quota because one engine produces 1,500 gallons per minute. The ISO rates a fire department on their ability to deliver water effectively, so if they lost the second engine pumper then their rating would increase, thus increasing insurance premiums for all homeowners in Pelham. Mayor Volpe stated the fire department’s requests will cost $650,000 but the cost burden on the resident does not account for the other budget improvements that will be made such as increasing the fees, increasing collections, parking fees, and potential mortgage taxes. Trustee Potocki inquired about a FEMA grant from 2004/2005, and if the funds from that grant are still available, but Fire Chief DiNapoli revealed after 9/11 the federal government started a program through the Department of Homeland Security called the Assistance to Firefighters Grant. Under the Assistance to Firefighter grant, fire departments could apply for a variety of different things, and they have received numerous grants over the years such as the generator, new gear, exhaust system, and engine 5. Fire Chief DiNapoli stated acquiring the grant funds for Rescue 45 was unprecedented, but most likely the result of clever wording in the grant proposal, but one vehicle per department is standard. Fire Chief DiNapoli reported the fire department activated their backup engine 5 once they started having issues with the fuel tank on the mainline engine 4, but the mechanic is currently working on resolving the issue. Off-Street Parking: Mayor Volpe stated the parking lot 2 rehabilitation needs to be addressed immediately because delaying this matter could result in an emergency shutdown. Trustee Spira-Cohen asked if it is possible to build another level, and Mayor Volpe assured her it is possible. Trustee Reinke asked about the logistics of moving the cars from the lot, and Mayor Volpe said the Village would have to use open lot 2, and perhaps distribute some street passes for the displaced commuters and residents. Page 14 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Trustee Mullen stated after reviewing the capital budget requests, it seems that all of these requests are necessary and essential to the function of the departments and the Village. The Board was in agreement with Trustee Mullen’s statement. Page 15 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Item # 15 – Authorizing the Appointment of a Part Time School Crossing Guard Mayor Volpe stated the Village needed another crossing guard due to certain incidents that occurred over the summer. Trustee Kagan asked if this was an additional hire or one that was budgeted for, and Mayor Volpe said it is an additional hire to address the gap on Nyack and Boulevard. Trustee Kagan asked if any strides have been made towards the counts of the population crossing at certain intersections, and Village Administrator Gallagher answered we will move forward with that once school is back in session. Trustee Reinke revealed on Nyac Avenue approaching Boulevard has become so congested that cars make U-turns to avoid that intersection in the morning. Village Administrator Gallagher will bring this matter to Police Chief Benefico’s attention. Resolution Authorizing the Appointment of a Part Time School Crossing Guard Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Richard Giannetto of Pelham, NY to the position of School Crossing Guard (Part Time), effective Thursday, September 7, 2017 at an annual salary of $9,734.00 subject to the requirements of Westchester County Civil Service, for a probationary period of one (1) year; and Be it further resolved, that the Mayor, Village Administrator and Police Chief are authorized to take the necessary and appropriate actions to effect this appointment. Motion by: Trustee Reinke Seconded by: Trustee Potocki Vote: 6-0 Trustee Ferrara was absent Page 16 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Item # 16 – Closing Village of Pelham Water Fund Effective July 22, 2016 Mayor Volpe stated the auditors advised the Village to close the Water Fund. Resolution Closing Village of Pelham Water Fund Effective July 22, 2016 Whereas, the Village of Pelham is a party to an Agreement for the Provision of Water Service and Conveyance of Water Facilities Assets, dated November 14, 2014 (the “Agreement”), with United Water New Rochelle Inc.; and Whereas, on May 29, 2015, pursuant to the terms of the Agreement, the Village of Pelham conveyed the Village of Pelham’s water customers and their accounts to United Water New Rochelle Inc.; and Whereas, on July 22, 2016, subsequent to the transfer of its water customers and their accounts to United Water New Rochelle Inc., the Village of Pelham transferred the final Village of Pelham Water Fund balance of $167,502.28, after all outstanding water receivables were transferred to Village Tax Collections and after all interest earnings were posted to the Village of Pelham Water Fund bank account, to the General Fund; and Whereas, the independent auditor of the Village of Pelham, to wit, PKF O’Connor Davies LLP, directed the Village of Pelham to close the Water Fund by resolution as of July 22, 2016. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby closes the Village of Pelham Water Fund as of July 22, 2016. Motion by: Trustee Kagan Seconded by: Trustee Potocki Vote: 6-0 Trustee Ferrara Page 17 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Item # 17 – Authorizing Forfeiture of Street Opening Deposit Trustee Mullen wanted some clarification on the two checks enclosed in the agenda packet; Village Administrator Gallagher explained the $440 was for the cost of the street opening permit itself, the $500 was for the deposit to cover additional costs, and the other $440 amount listed is the unpaid invoice was for the police traffic detail. Resolution Authorizing Forfeiture of Street Opening Deposit Whereas, the Village of Pelham issued a street opening permit to Gentile Construction Co. and required a deposit for such street opening in the amount of $500.00; and Whereas, in connection with the issuance of the street opening permit, the Village of Pelham transmitted an invoice in the amount of $440.00 for a police traffic detail to Gentile Construction Co. and such invoice has not been paid. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the forfeiture of the street opening permit deposit in the amount of $500.00 to the General Fund Account # A.2620. Motion by: Trustee Mullen Seconded by: Trustee Reinke Vote: 6-0 Trustee Ferrara was absent Page 18 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Item # 18 – Calling for a Public on Local Law No. 5 of 2017 to Amend Chapter 2 of the Village Code Regarding the Village Administrator Mayor Volpe stated the Village has to update the code respecting the Village Administrator’s position, to create the role of Assistant Village Administrator, and to call for a public hearing on Local Law No. 5 of 2017 to Amend Chapter 2 of the Village Code. Resolution Calling for a Public Hearing on Local Law No. 5 of 2017 to Amend Chapter 2 of the Village Code Regarding the Village Administrator Be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, September 26, 2017 at 7:30 p.m. or soon thereafter at Village Hall, 195 Sparks Avenue, Pelham NY 10803 on a proposed local law amending Chapter 2 of the Village Code regarding the Village Administrator; and Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing. Motion by: Trustee Spira-Cohen Seconded by: Trustee Reinke Vote: 6-0 Trustee Ferrara was absent Page 19 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Item # 19 - Adopting the 2017 Adjusted Base Propositions using the 2016 Final Assessment Roll and Rates provided by the Town Assessor for the Village of Pelham 2018 Tax Levy Resolution Adopting the 2017 Adjusted Base Proportions using the 2016 Final Assessment Roll and Rates provided by the Town Assessor for the Village of Pelham 2018 Tax Levy Be it resolved, that the Board of Trustees of the Village of Pelham hereby adopts the 2017 Adjusted Base Proportions using the 2016 Final Assessment Roll and Rates provided by the Town of Pelham Assessor for the Village of Pelham 2018 Tax Levy, at the rates of 82.711762% for Homestead, and 17.288238% for Non-Homestead; and Be it further resolved, that the Mayor, Village Administrator and the Town Assessor are authorized to take the necessary steps to effect this resolution. Motion by: Trustee Reinke Seconded by: Trustee Spira-Cohen Vote: 6-0 Trustee Ferrara was absent Page 20 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Item # 20 – Other Business Mayor Volpe stated he has been working with Village Administrator Gallagher to identify areas of the Village Code that need improvement. Mayor Volpe would like to hire a vendor to identify the inconsistences in the Village Code, such as the language, along with the provisions and the definitions that do not exist with the goal of creating an updated code. Mayor Volpe stated this is a big project that will be on the agenda for the next Board of Trustees meeting on Tuesday, September 26th. Mayor Volpe encourages the trustees to relay their concerns or issues with the Village Code to Trustee Kagan, Trustee Reinke, or Village Administrator Gallagher. Page 21 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Recurring Items Item # 21 – Authorizing Budget Amendments and Transfers for Fiscal Year 2017-18 Resolution Authorizing Budget Amendments and Transfers for Fiscal Year 2017-18 Whereas, pursuant to the provisions of § 5-520 of the New York State Village Law, the Board of Trustees, by resolution, may increase existing appropriations by transferring funds from the unexpended balance of another appropriation, from the contingent account, from available cash surplus or unanticipated revenues within a fund, or by borrowing; and Whereas, in all cases, there are sufficient unexpended balances in other appropriation accounts, excess revenues or fund balances available to cover the amendments and transfers. Now, therefore, be it resolved, that pursuant to New York State Village Law § 5-520, the Board of Trustees of the Village of Pelham hereby authorizes and directs the Deputy Village Treasurer to modify the 2017-18 Budget by making the following budget amendments and transfers (attached hereto and made part hereof). Motion by: Trustee Mullen Seconded by: Trustee Reinke Vote: 6-0 Trustee Ferrara was absent Page 22 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Item # 22 - Authorizing the Accounts Payable Trustee Mullen 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 Deputy Village Treasurer: Fund Name: Amount General Fund $162,812.07 Capital Projects Fund $2,000.00 Trust and Agency Fund $3,255.00 TE Expandable Trust Fund $0.00 Grand Total $168,067.07 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Page 23 Board of Trustees Regular Meeting Tuesday, September 12, 2017 Item # 23 – Authorizing the Minutes of: There were no minutes. Item # 24 – Adjournment to Executive Session (if needed) The public portion of the Board meeting was adjourned at 10:23 pm. Page 24