Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, SEPTEMBER 26, 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. Mayor’s Report 5. Trustees’ Reports 6. Village Administrator’s Report 7. Public Comments # Agenda Items: Non-Recurring Items 8. Resolution Regarding the Consideration of Federal Immigration Status in the Village of Pelham 9. Discussion on Capital Budget for Fiscal Year 2017-18 10. Public Hearing on Proposed Local Law No. 5 of 2017 to Amend Chapter 2 of the Village Code Regarding the Village Administrator 11. Resolution Adopting Local Law No. 5 of 2017 Amending Chapter 2 of the Village Code Regarding the Village Administrator 12. Resolution Authorizing Financial Advisory Services Agreement with Capital Markets Advisors, LLC 13. Resolution Appointing Land Use Board Members 14. Other Business Recurring Items 15. Authorizing Accounts Payable 16. Authorizing the Minutes of: 17. Adjournment to Executive Session (if needed) Next Regularly Scheduled BOT Meetings: Tuesday, October 10, 2017 Tuesday, October 24, 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 26, 2017 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Deputy Mayor Kagan at 7:35 pm. Item # 2 – Pledge of Allegiance: The Pledge of Allegiance was led by Deputy Mayor Kagan. Item # 3 – Roll Call: Present were Trustees Ferrara, Kagan, Mullen, Reinke, and Spira-Cohen. Trustee Potocki was absent. Village Administrator Gallagher and Assistant to the Village Administrator Scelza were present. Mayor’s Report: Mayor Volpe reported the Pelham Picture House 6th Annual Picnic in the Park event was a success. Mayor Volpe attended the Westchester County Municipal Officers meeting where the Village of Scarsdale presented information on their food scrap recycling/composting program. Mayor Volpe reported the shared services panel convened and voted on the shared services plan as chaired by the Westchester County Executive Robert Astorino, and it has been submitted to State. Mayor Volpe announced the Rotary Club of the Pelhams will be hosting its annual fundraiser “Tastings XIII” at the Pelham Country Club on October 15th from 4pm to 7pm. Mayor Volpe announced he received a letter from the residents at 255 Nyac Avenue thanking the Police department for service on August 27th, and they specifically thanked Sergeant Sousa, Officer Corrado, and Officer Scott. Mayor Volpe reported the Village has received an award from the traffic safety community awards program, and the event will take place on Thursday, October 5th at the Garden City hotel. Mayor Volpe reported the Village has received an election guide from NYCOM, so if anyone wants to view the guide, please go to the NYCOM website. Mayor Volpe reported the Police Benevolent Association interest arbitration meeting will commence on Tuesday, October 3rd to discuss their contract that expired on expired on June 1, 2016. Page 2 Board of Trustees Regular Meeting Tuesday, September 26, 2017 Mayor Volpe announced Sandra Shriman, the deputy village clerk, has retired, and Mayor Volpe thanked Ms. Shriman for her years of service. Trustees’ Report: Trustee Ferrara reported at this time the Pelham PACT Coalition is hosting their Opioid Awareness and Overdose Prevention event, and the organization is a great resource for promoting a safe and substance free lifestyle. Trustee Ferrara reported the Pelham community market held their first meeting with the Chamber of Commerce, so if anyone is interested in participating please email her. ******** As the police liaison, Trustee Kagan reported there has been an increase in larcenies in the area North of the train station, so please lock your cars in the evening. Trustee Kagan announced a traffic advisory notice from the Police Department concerning the sporadic closures on Boulevard West due to Con Edison activity. Trustee Kagan encouraged residents to sign up for email alerts through pelhamgov.com to stay apprised of developments in the Village. ******** Trustee Mullen reported three members (Lieutenant DeSimone, Fire fighters Bellantoni and Viggiano) of the Village of Pelham Fire Department were honored with New York State proclamations at the Annual First Responders Barbeque hosted by Senator Jeff Klein, for their successful response in administering naloxone to an individual suffering from the effects of an opioid overdose. Trustee Mullen reported the Village staff has been working with cablevision to address the issues of the poor video quality of the Board of Trustees meetings, so in the meantime residents can watch the Board of Trustees meetings in High Definition on the website the day after the meeting. ******** Trustee Potocki was absent. ******** Trustee Reinke reported a resident’s complaint about landscapers using leaf blowers out of season, so homeowners would be ticketed for its use out of season. Mayor Volpe advised residents to direct their complaints about the leaf blower policy to Village Administrator Gallagher. Trustee Reinke announced the Board of Education will meet and host tours of the Hutchinson School on Thursday, September 28th and Wednesday, October 4th, the tours will begin at 7:00pm outside the Page 3 Board of Trustees Regular Meeting Tuesday, September 26, 2017 portable classrooms on the Fifth Street side of the building and the meeting will begin at &:30 pm in the school gym. ******** Trustee Spira-Cohen reported she has received feedback on her draft mission statement for the sustainability committee, so is revising the document to present it to the Board. Trustee Spira-Cohen reported on the Solarize project, the RFIs were released this month and applications are due November 9th. Trustee Spira-Cohen is still working with civic groups and Eco-Pel to garner support for this project. Trustee Spira-Cohen thanked Assistant to the Village Administrator Scelza for participating in the design webinar for the LED street light consortium. Trustee Spira-Cohen reported the Community Managed RFP has been released and the commitment would need to be made by November 15 th, but first the Village would have to a pass a local law authorizing the Village to accept Best Value Bids. Village Administrator’s Report: Village Administrator Gallagher reported he attended a public meeting hosted by the New York Department of Transportation on Tuesday, September 19th about the East 3rd Street Bridge replacement project in the Village of Pelham and the City of Mount Vernon. The construction activity started on Monday, September 25th and is expected to last through July 2018; the project involves removal and replacement of the current bridge structure, building a new bridge, solving flooding problems along the Hutchinson River Parkway in the area under the bridge and reconstruction of the Parkway ramps to tie into the new Parkway elevations. A second public meeting on the topic is scheduled for Monday, October 2nd at 7:00pm at Mt. Vernon City Council Chambers, 1 Roosevelt Square, Mt. Vernon, and Pelham and Mt. Vernon residents are invited to attend. Village Administrator Gallagher reported he met with the Village’s engineering firm, Dolph Rotfeld, to discuss drainage issues on Fifth Avenue and another issue on East Second Street and Elderwood, so they are strategizing on how to best handle these issues. Village Administrator Gallagher reported he met with Grigg and Davis Engineers, PC, with respect to the rehabilitation of Parking Lot 2 to determine what the next steps should be for this project. Village Administrator Gallagher reported he and Trustee Reinke have been in communication with Ron Schulhof, chair of the conservation advisory council of Scarsdale, concerning their food scrap/recycling program, and Village Administrator Gallagher will make an on-site visit to see how their program functions. Page 4 Board of Trustees Regular Meeting Tuesday, September 26, 2017 Village Administrator Gallagher reported the Village is working with Mt. Vernon’s DPW personnel to address the traffic issues on Lincoln Avenue, and hopefully they can coordinate a strategy for the traffic lights to improve the traffic flow from Lincoln Avenue to Mt. Vernon. Village Administrator Gallagher reported a representative from Operation Hands Across the Hutch reached out to him to discuss a joint clean-up effort of one of the bridges between Mt. Vernon and Pelham, and Village Administrator Gallagher would like to clean up the footbridge at the end of Sparks Avenue. Mayor Volpe stated Mt. Vernon has started to repave parts of Lincoln Avenue, so they can anticipate slower traffic. Item # 7 – Public Comments There were no public comments. Page 5 Board of Trustees Regular Meeting Tuesday, September 26, 2017 Non-Recurring Items Item # 8 – Consideration of Federal Immigration Status in the Village of Pelham Mayor Volpe stated he and Trustee Kagan included a preamble to the proposed resolution, so it applies to all departments that deliver services to the community. Trustee Mullen brought up concerns about the language of subsection B (U.S. Immigration and Customers Enforcement or Customs and Border Protection Detainer Requests), and other Board members agreed with Trustee Mullen’s concerns that it was too broad, so the Board proposed to clarify the language or eliminate that section. Mayor Volpe asked Trustee Mullen to research the matter further and to look at the City of New Rochelle’s language regarding probable cause; Mayor Volpe asked the Board to review 8 U.S.C. § 1326. Trustee Kagan and Trustee Reinke disagreed on how to process ICE and CBP requests for sensitive information, but this matter warrants further discussion. Maggie Klein stated whereas clauses in the resolution particularly the third whereas clause reflect the application of this policy across various departments in the Village. Katherine Pringle, 26 Suburban Avenue, a resident of Pelham Manor, wanted to thank the Board for all of the time and attention they devoted to this issue, and she hopes Pelham Manor will bring a similar study and analysis to the immigration issue. Discussion Regarding the Consideration of Federal Immigration Status in the Village of Pelham Whereas, the Village of Pelham values diversity and respects the civil and human rights of all residents and visitors regardless of race, ethnicity, immigration status, national origin, gender, religion and/or any other protected characteristic; and Whereas, the Mayor issued a statement respecting immigration on February 23, 2017 and the Mayor and the Board of Trustees of the Village of Pelham have heard public comment over several public meetings respecting immigration issues and fundamental Constitutional rights including the condemnation of the use of violence, bigotry, and hateful rhetoric; and Whereas, the Village of Pelham and its service departments have made it a priority to gain the trust and confidence of the entire community so that all feel that it is safe to contact and work with village officials and employees and to access other vital village services; and Page 6 Board of Trustees Regular Meeting Tuesday, September 26, 2017 Now, therefore, be it resolved, by the Board of Trustees of the Village of Pelham, County of Westchester, State of New York, a majority of all members elected thereto concurring: PREAMBLE: The Village of Pelham reaffirms its commitment to civil rights and equal access to all Village services, including police and fire protection, and all other services. Accordingly, no Village Services shall be denied on the basis of citizenship. Village staff shall follow general village, state, and federal guidelines to assess eligibility for Village services. This prohibition shall not apply to persons seeking employment, or as otherwise required by federal or state statute, regulation, or court decision nor shall this resolution in any manner interfere with applicable civil service law, rules and procedure. All department heads in the Village of Pelham are hereby directed to enact departmental procedures consistent with the policy set forth below. I. PURPOSE To establish procedures to be followed by Village of Pelham departments when encountering persons who actually or are suspected to have entered or remained in the United States unlawfully. II. POLICY Members of the Village of Pelham departments shall not engage in enforcement activities solely for the purpose of enforcing federal immigration law nor detain persons based solely upon the suspicion that such person has entered or remained in the United States unlawfully except as provided for herein. III. PROCEDURE A. Enforcement actions and community interactions. 1. Members shall not stop, question, interrogate, investigate, or arrest an individual based solely on any of the following: a. Actual or suspected immigration or citizenship status; or b. A "civil immigration warrant," administrative warrant, or an immigration detainer (collectively, “Immigration Detainers) in the individual's name, including those identified in the National Crime Information Center (NCIC) database. NOTE: Immigration Detainers are not criminal warrants issued by a judge and may not provide sufficient basis to detain an individual or to prolong the detention of an individual detained for other reasons. Page 7 Board of Trustees Regular Meeting Tuesday, September 26, 2017 2. Members shall not inquire about the immigration status of an individual, including a crime victim, a witness, or a person who calls or approaches the police seeking assistance, unless necessary to investigate criminal activity by that individual. 3. Members shall not perform the functions of a federal immigration officer or otherwise engage in the enforcement of federal immigration law--whether pursuant to Section 1357(g) of Title 8 of the United States Code or under any other law, regulation, or policy. B. U.S. Immigration and Customs Enforcement (“ICE”) or Customs and Border Protection (“CBP”) detainer requests. The Village of Pelham will not detain individuals for extended periods of time. To the extent any request is made regarding an individual in the custody of the Village of Pelham, our police officers may respond affirmatively to a "civil immigration detainer" from ICE or CBP to detain or transfer an individual for immigration enforcement or investigation purposes for a reasonable period ONLY IF: a. the request is accompanied by a judicial warrant b. there is probable cause to believe that the individual has illegally reentered the country after a previous removal or return as defined by 8 U.S.C. § 1326 or c. there is probable cause to believe that the individual has or is engaged in terrorist activity. C. ICE or CBP requests for certain non-public, sensitive information or CBP detainer requests. 1. Department members may respond affirmatively to an ICE or CBP request for non-public information about an individual- including but not limited to nonpublic information about an individual's release, home address, or work address - ONLY IF the request is accompanied by a judicial subpoena or judicial warrant: EXCEPT THAT nothing in this order prohibits a department head or their designee ) in coordination with the Village Administrator and Village Attorney: 1. sending to or receiving from any local, state, or federal agency- as per 8 U.S.C. § 1373-(i) information regarding an individual's country of citizenship or (ii) a statement of the individual's immigration status; or 2. disclosing information about an individual's criminal arrests or convictions, where disclosure of such information about the individual is otherwise permitted by state law or required pursuant to subpoena or court order; or Page 8 Board of Trustees Regular Meeting Tuesday, September 26, 2017 3. disclosing information about an individual's juvenile arrests or delinquency or youthful offender adjudications, where disclosure of such information about the individual is otherwise permitted by state law or required pursuant to subpoena or court order. All review and response to requests for information from ICE or CBP shall be handled by department head or their designee in coordination with the Village Administrator and Village Attorney. IV. SEVERABILITY If any clause, sentence, paragraph, section or part of any section of this General Order shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy and in which such judgment shall have been rendered. Page 9 Board of Trustees Regular Meeting Tuesday, September 26, 2017 Item # 9 – Discussion on Proposed Capital Budget for Fiscal Year 2017-18 At the last Board of Trustees meeting, the Board met with the department heads to discuss their capital project priorities and the possibility of bonding or using a BAN to fund these capital items. The Board members were in agreement that the items on the list were essential to the function of the departments and an investment in the community. The Board decided to move forward with the capital budget priorities, along with Trustee Spira-Cohen’s request for $150,000 to be earmarked for LED streetlights. Mayor Volpe asked Village Administrator Gallagher to arrange a call with bond counsel, Jeff Storch, for this week. Page 10 Board of Trustees Regular Meeting Tuesday, September 26, 2017 Item # 10 – Public Hearing on Proposed Local Law No. 5 of 2017 to Amend Chapter 2 of the Village Code Regarding the Village Administrator Mayor Volpe stated that a public hearing is scheduled for this evening to consider a proposed local law No. 5 of 2017 to amend Chapter 2 of the Village Code regarding the Village Administrator. The public hearing was opened. Motion by: Trustee Spira-Cohen Seconded by: Trustee Ferrara Vote: 6-0 Trustee Potocki was absent Mayor Volpe stated the Village Code’s inadequacies became more apparent when Village Administrator Yamuder resigned; the most prominent issue being the brief 90 day tenure for an interim Village Administrator to serve during a vacancy. The Board decided to eliminate section b from §2-6 Vacancy because they are creating the Assistant Village Administrator role, who may serve during the Village Administrator’s absence, vacancy, or disability at the discretion of the Board. Since the Board has been substantive edits to proposed local law No. 5 of 2017, the public hearing will remain open until the next Board of Trustees meeting on Tuesday, October 10 th. Trustee Kagan asked about the timeline for the creation of the new role, and Village Administrator revealed it will take a couple weeks since they have file with the Secretary of State, then file the LJ3 with Westchester County. Public Comments: John Cassone, 312 7th Avenue, stated the Village Administrator is a full time role, so if any of the Board members were to fill the role temporarily, then they would need to be prepared to work full time. Maggie Klein, Pelham Plus, asked if another public hearing will be needed since the Board has made substantive edits, and Mayor Volpe stated the public hearing will remain open until the next Board of Trustees meeting. Page 11 Board of Trustees Regular Meeting Tuesday, September 26, 2017 Item # 11 – Adopting Local Law No. 5 of 2017 Amending Chapter 2 of the Village Code Regarding the Village Administrator Resolution Adopting Local Law No. 5 of 2017 Amending Chapter 2 of the Village Code Regarding the Village Administrator Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to revise Chapter 2 concerning the Village Administrator to conform the terms of that Chapter with the definition provisions of the Village Code and to create the position of Assistant Village Administrator; and Whereas, the Board of Trustees of the Village of Pelham has determined that the adoption of the local law is a Type II Action and are therefore not subject to the requirements of the State Environmental Quality Review Act (“SEQRA”) and; Whereas, a notice of public hearing was duly advertised in the Journal News, the official newspaper of the Village of Pelham; and Whereas, said public hearing was held on September 26, 2017 at or about 7:30 p.m. at Village Hall, 195 Sparks Avenue, Pelham, NY and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said to proposed local law or any part thereof. Now, therefore, be it resolved, as follows: 1. The Board of Trustees hereby adopts Local Law No. 5 of 2017 to amend Chapter 2 of the Village Code concerning the Village Administrator to conform the terms of that Chapter with the definition provisions of the Village Code and to create the position of Assistant Village Administrator; and 2. The Board of Trustees directs the Village Clerk and Village Administrator to prepare said Law for filing with the Secretary of State. The public hearing will remain open until the next Board of Trustees meeting on Tuesday, October 10th, the Board could not vote on this matter. Page 12 Board of Trustees Regular Meeting Tuesday, September 26, 2017 Item # 12 – Authorizing Financial Advisory Services Agreement with Capital Markets Advisors, LLC Trustee Kagan asked Village Administrator to talk to bond counsel, Jeff Storch, for information on other firms that provide similar services and Trustee Kagan would like to get comparative rates from these firms because they have been with Capital Market Advisors for about fifteen years. Resolution Authorizing Financial Advisory Services Agreement with Capital Markets Advisors, LLC Whereas, the Village of Pelham (“Village”) intends to issue debt service in the near future to finance the costs of various Capital Projects; and Whereas, a financial advisor assists in many facets of issuing municipal debt, which includes the provision of services in connection with new bond issuance, anticipation notes, deficit and budget notes, preparation and assistance with financing documents, notice of sale to financial institutions and underwriters, and preparation of bond amortization schedules; and Whereas, Capital Markets Advisors LLC (“CMA”) is a financial advisory services firm for local municipal governments servicing the Westchester County area; and Whereas, the Village desires to retain CMA to provide financial advisory services for the period beginning September 13, 2017 through May 31, 2018. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Village Administrator to execute the attached Financial Advisory Services Agreement (attached hereto and made apart hereof) with Capital Market Advisors LLC for the period beginning September 13, 2017 through May 31, 2018; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary steps to effectuate the intent of this resolution. Motion by: Trustee Reinke Seconded by: Trustee Ferrara Vote: 6-0 Trustee Potocki was absent Page 13 Board of Trustees Regular Meeting Tuesday, September 26, 2017 Item # 13 – Appointing Land Use Board Members Resolution Appointing Land Use Board Members Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of the following: Joseph Marty, Planning Board Chairman Richard Veith, Zoning Board Chairman Ron Czajka, Architectural Review Board Chairman Richard Deere, Architectural Review Board Member Marilyn Zielinski, Architectural Review Board Member Ciro Greco, Planning Board Member Motion by: Trustee Kagan Seconded by: Trustee Ferrara Vote: 6-0 Trustee Potocki was absent Page 14 Board of Trustees Regular Meeting Tuesday, September 26, 2017 Item # 14 – Other Business Village Code Revision Trustee Reinke recommended reviewing the term limits of the land use board members and chairpersons when revising the Village Code, so the term limits do not coincide with one another. Land Use Board Meetings Mayor Volpe stated the Board should consider broadcasting the land use board meetings, and Trustee Ferrara endorsed Mayor Volpe’s suggestion because the land use boards have new developments coming before them due to the Business District Floating Zone (BDFZ). Page 15 Board of Trustees Regular Meeting Tuesday, September 26, 2017 Recurring Items Item # 15 - Authorizing the Accounts Payable Trustee Potocki audited the Accounts Payable. A brief discussion took place on vouchers #9323 and #9356. 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 $219,136.06 Capital Projects Fund $0.00 Trust and Agency Fund $447.50 TE Private Purpose Trust Fund $0.00 Grand Total $219,583.56 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Motion by: Trustee Reinke Seconded by: Trustee Mullen Vote: 6-0 Trustee Potocki was absent Page 16 Board of Trustees Regular Meeting Tuesday, September 26, 2017 Item # 16 – Authorizing the Minutes of: There were no minutes. Item # 17 – Adjournment to Executive Session (if needed) The public portion of the Board meeting was adjourned at 9:52 pm to enter into Executive Session to discuss a labor relations matter after which time the Board would adjourn for the evening. Page 17