Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, OCTOBER 24, 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. Presentation on Audited Financial Statement for Fiscal Year 2016-17 by PKF O’Connor Davies, LLP. 9. Discussion on Parking Concerns along Ninth Avenue 10. Public Hearing on Site Plan Approval at 8 Boulevard West 11. Resolution Approving Site Plan Application by Lincoln Pelham Partners, LLC for 5 Townhomes at 185 Lincoln Avenue 12. Resolution Regarding the Consideration of Federal Immigration Status in the Village of Pelham 13. Public Hearing on Local Law No. 5 of 2017 to Amend Chapter 2 of the Village Code Regarding the Village Administrator 14. Resolution Adopting Local Law No. 5 of 2017 Amending Chapter 2 of the Village Code Regarding the Village Administrator 15. Resolution Authorizing the Temporary Shoring of Parking Lot 2 on an Emergency Basis 16. Resolution Calling for a Public Hearing on Local Law No. 6 of 2017 to Permit the Use of Best Value Methodology in Awarding Contracts 17. Resolution Appointing Village Attorney 18. Other Business Recurring Items 19. Authorizing Accounts Payable 20. Authorizing the Minutes of: June 20, 2017, July 18, 2017, August 15, 2017,and September 12, 2017 21. Adjournment to Executive Session (if needed) Next Regularly Scheduled BOT Meetings: Tuesday, November 14, 2017 Tuesday, November 28, 2017 All meetings start at 7:30 p.m. unless otherwise noted. *The Agenda is subject to change.* Board of Trustees Regular Meeting Tuesday, October 24, 2017 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Volpe at 7:31 pm. Item # 2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Volpe. Item # 3 – Roll Call: Present were Trustees Ferrara, Kagan, Mullen, Potocki, and Spira-Cohen. Trustee Reinke arrived late. Village Administrator Gallagher and Assistant to the Village Administrator Scelza were present. Mayor’s Report: Mayor Volpe encouraged residents to attend the Pelham Public School informational meetings on the Board of Education’s proposed capital improvement bond, so please refer to the school site and Pelham Plus for more information. Mayor Volpe reported the Code Revision Project will cost approximately $15,000 since large portions of the Code need to be updated, so the Board will address this project at the next Board of Trustees meeting. Mayor Volpe announced the transcript from the interest arbitration meeting with the Police Benevolent Association is available, so contact him or Village Administrator Gallagher for a copy of the transcript. Mayor Volpe thanked the Pelham Police Department, specifically Police Chief Benefico and Lieutenant Pallet, for their involvement in apprehending the suspects from the Greenburgh robbery and chase. Mayor Volpe announced the Pelham Civic Association will be hosting its annual dinner dance at the Fountainhead on Friday, October 27th at 7pm; the Pelham Civic Association is honoring Bill Taubner and Bob Tracey as “persons of the year” for their outstanding service to the community. Page 2 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Trustees’ Report: Trustee Ferrara reported the sustainability committee is in the development stage, so if anyone wants to join the committee please reach out to her for more information and check the website for updates. ******** Trustee Kagan reported on Tuesday, October 24th at approximately 12:30pm the Pelham Police Department was notified that three suspects, one of which was in possession of a weapon, walked into a Verizon store on Central Avenue, robbed the location and fled the scene, which led to an investigation between multiple local and county law enforcement agencies. The suspects took police on a car chase through southern Westchester before coming to a stop in Mount Vernon after striking a Westchester County Police vehicle. The two fled on foot and one was apprehended by County police and the other two suspects by officers from the Pelham Police Department. The suspects were then turned over to the Greenburgh Police Department. Trustee Kagan thanks the Pelham Police Department for their assistance in apprehending the suspects. ******** Trustee Mullen reported the Fire Department is preparing to meet with representatives from Knox-Box at Village Hall on Wednesday, November 1st at 7pm. A Knox-Box is a small safe that holds building keys for firefighters and EMTs to retrieve in emergencies. Trustee Mullen implored residents to review the Board of Trustees Goals for Fiscal Year 2018, so they can lend their expertise in meeting some of these objectives and outline their own goals, which may be missing from the document. ******** Trustee Potocki had a conversation with Anthony Olivieri (Dolph Rotfeld), Assistant to the Village Administrator Scelza, and Village Administrator Gallagher to discuss the flooding and drainage issues on 5th avenue and 6th street, but there are some complications with this project, so repairs will cost more than anticipated. ******** Trustee Reinke had no report. ******** Page 3 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Trustee Spira-Cohen reported she has been working with residents on the Solarize application, and the Town of Pelham has given them a letter of support, so the Village will be applying as a coalition with the Town of Pelham. Trustee Spira-Cohen encourages anyone who is interested in joining the Solarize project to please contact her. Trustee Spira-Cohen reported the consultant working for the street lights consortium is almost finished with the field audit. Village Administrator’s Report: There was no report. Item # 7 – Public Comments There were no public comments. Page 4 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Non-Recurring Items Item # 8 – Presentation on Audited Financial Statement for Fiscal Year 2016-17 by PKF O’Connor Davies, LLP. Robert Daniele and Catherine Rapfogel of PKF O’Connor Davies, LLP presented to the Board their Audited Financial Statement for Fiscal Year 2016-17. They thanked the Village staff for their audit readiness. Catherine Rapfogel reported overall the Village of Pelham has no material weaknesses, no fraud to report, no significant deficiencies, and no difficulties in dealing with management. The Village Water Fund was officially closed in 2016, and Suez Water of Westchester took over the Village water operations. The Tax Limit for the Fiscal Year 2016-17 Village of Pelham budget was materially within the limit. Ms. Rapfogel reported the debt service requirements are low with $2.7 million in outstanding bond principal and interest, and the Village has a AA+ rating with a stable outlook as determined by Standard and Poor. Ms. Rapfogel reported the Village’s original budget revenues were $13.7 million and expenditures were $13.8 million representing an excess of $112,000, but factoring in the transfer of funds, it is a net change of approximately $61,000 of the prior year’s encumbrances. Mr. Rapfogel reported all the variances in the final budget were favorable with revenues at $14 million ($239,009) and expenditures at $13.8 million ($305,181). The difference between the appropriations in the original adopted budget and the appropriations in the final amended budget for the General Fund was an increase of $409,071. This increase was to provide funding for contractual salary increases and settlements and various programs, and functional categories, most of which was for Police overtime and Fire and Building Department salaries. At the end of the fiscal year 2016-2017, fund balance of the General Fund was $2,375,774 of which $21,948 was assigned for encumbrances, and $165,000 of the fund balance was appropriated for the Fiscal Year 2017-18 budget. Actual results of operations resulted in an increase in the fund balance of the General Fund by $172,276. Revenues were $14,051,234 which was $239,009 or 1.73% more than the final budget, and expenditures were $13,849,639 which was $305,181 or 2.16% less than the final budget. Mayor Volpe stated the Village will be using money from the fund balance for flood remediation projects. SEE ATTACHED FINANCIAL STATEMENT Page 5 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Item # 9 – Discussion on Parking Concerns along Ninth Avenue Mayor Volpe stated there have been previous issues with day time parking along Ninth Avenue and Lincoln Avenue, so restrictions were enacted from 12pm-2pm to deter commuter parking; the parking restrictions along Ninth Avenue were removed earlier this spring, and the residents have recently raised concerns about commuters parking along Ninth Avenue. Mayor Volpe stated community wide there are two hour parking limits. Trustee Potocki stated he has been checking the site daily, and he does not see an increase in commuter cars, but parking is a problem that needs to be analyzed as a whole, not just an avenue. Mayor Volpe stated he will reach out to the concerned residents on Ninth Avenue. Page 6 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Item # 10 – Public Hearing on Site Plan Approval at 8 Boulevard West Jonathan Kraut, from Harfenist, Kraut, & Perlstein, LLP, representing Elk Homes Partners II LP, stated they are here for their public hearing. The public hearing was opened on motion by Trustee Ferrara and seconded by Trustee Mullen, passed unanimously. Mr. Kraut stated this application was brought under the Business District Floating Zone (BDFZ), and the BDFZ’s benefits in providing additional housing, increasing the tax base, enhancing the walkability of the Village, and making use of the 10,000 square foot vacant lot. The proposed development is a 16 unit multifamily building that will include ground-level parking and a rooftop deck with a fitness center and garden. Public Comments: Iris Kasten, 240 Carol Avenue, stated she was not aware of this development, and expressed concerns about the effect this proposed development would have on school enrollment. Ms. Kasten also expressed concerns about the loose Con Edison service plates, and Mayor Volpe assured her the loose plates will be addressed. Mr. Kraut said the developer has provided a traffic study and a school study to all of the Village boards, which shows the development will not add a significant burden to traffic or school enrollment. Johnson Parayil, 232 Carol Avenue, expressed concerns about the cleanliness of the street on Carol Avenue due to the overnight parking regulations, so he asked the Board to consider changing the overnight parking regulations or adding new signage to allow for specific days of street sweeping. Mayor Volpe stated he will take Mr. Parayil’s suggestion under advisement and discuss this with Mr. Shriman (the General Foreman of the Department of Public Works). Matt Johnson, 1 Marquand Pl, wondered if the developer of 8 Boulevard West was compliant with the guidelines specified under the BDFZ with respect to the setbacks, the mixed-use development, and the aesthetic of the project. Mr. Johnson also purported the development extends out to the sidewalk, but Mayor Volpe stated the development would be contiguous with the other buildings. Maggie Klein, Pelham Plus, asked if the proposed development is safe because of its proximity to the Con-Edison building, and Mayor Volpe responded it is safe. Mr. Kraut assured her that the Con- Edison property is a transformer that does not transmit anything, so it does not pose a risk to the residents. Paula McKeever, 5 Marquand Pl, expressed concerns about these developments encouraging renters to move to the Village of Pelham, and renters are different from an owner of a condominium like Marbury Corners. Mayor Volpe revealed the economic conditions in this area (Westchester Page 7 Board of Trustees Regular Meeting Tuesday, October 24, 2017 County, Fairfield County, and Northern New Jersey) are rental-centric to accommodate a variety of potential clients. Mayor Volpe also reported banks are more inclined to finance rentals and the Village is in need of new developments to attract more residents and to utilize the vacant storefronts. Mayor Volpe stated Marbury Corners is not a good comparison because it is now struggling in terms of resales. Mayor Volpe explained the rentals go on the non-homestead side of the tax equation, so they help lessen the tax burden for the homeowners (homestead). Gary Hirsch, chairman of Elk Homes, reported the gym roof top amenity is a necessity for the success of the project, so they are waiting on the Building Inspector’s determination regarding the gym rooftop amenity. Mr. Hirsch stated if they are denied the amenity, they will have to subdivide an apartment, so Elk Homes will have to reevaluate if the installation of elevator and two stairwells to the roof deck is financially prudent. Trustee Reinke asked if the developer is considering any incentives to attract people without cars, and Mr. Hirsch stated they are installing bike racks and two electric car charging stations. Trustee Kagan asked about the utility services: Suez Water, Con-Edison, and the sewer, and Mr. Kraut responded Suez is required to service residential properties, and there is sufficient electricity to power the property. Mr. Kraut stated the fire suppression system does not require on site storage, and the adjacent sewer line does have sufficient capacity to serve the property. Mr. Kraut reported the Village’s Department of Public Works is investigating the flow rate of the sewer, but it is an issue that needed to be addressed irrespective of the development on the site. The Board will begin the 30 waiting period for the public hearing until the next Board of Trustees meeting on Tuesday, November 28th. Mayor Volpe stated the Board will make a referral to Westchester County Planning Board for review and comment, on motion by Trustee Mullen and seconded by Trustee Potocki, passed unanimously. Mayor Volpe stated the Board will make a referral to the City of Mount Vernon for review and comment, on motion by Trustee Potocki and seconded by Trustee Ferrara, passed unanimously. Mayor Volpe entertained a motion to have the Board act as the lead agency for the purpose of the SEQRA review, and on motion by Trustee Reinke and seconded by Trustee Ferrara, passed unanimously. Page 8 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Item # 11 – Approving Site Plan Application by Lincoln Pelham Partners, LLC for 5 Townhomes at 185 Lincoln Avenue David Cooper, from Zarin and Steinmetz, representing Lincoln Pelham Partners came to discuss the application to build 5 townhomes, which will include 15 parking spaces for 5 units under the cluster subdivision at 185 Lincoln Avenue. Mr. Cooper reported they have received positive recommendations from the land use boards, so they are here to discuss some procedural items. Mayor Volpe reported he has received the comments from the City of New Rochelle, so he is inclined to open the public hearing. The public hearing was opened after a motion by Trustee Reinke and seconded by Trustee Spira- Cohen, passed unanimously, and it will remain open for a 30 day period until the next Board of Trustees meeting on Tuesday, November 28th. Mr. Cooper requested the Board act as lead agency for the purpose of the SEQRA review. Mr. Cooper also requested a referral to Westchester County for review and comment with their updated plans. Mr. Cooper stated the remediation of the property and the geological issues concerning the rock have both been addressed. Mr. Cooper reported the Village’s planning consultant AKRF has reviewed this project in depth, and came to the conclusion that the addition of 5 units would not warrant a traffic study, and a traffic study is not warranted under the Department of Environmental Conservation’s guidelines because the development has less than 120 units. Mayor Volpe stated he will talk to the Planning Board and Nanette Bourne, (AKRF) planning consultant about the traffic analysis, and if the Board decides it is prudent then they will conduct a traffic analysis. Public Comments: The leadership from the Glenwood Lake Association (Vicki Walcott-Edim, Alison Rivers, Randal Archibold) along with other New Rochelle residents expressed their concerns about the proposed development at 185 Lincoln Avenue, in regards to traffic safety, parking, aesthetics, and environmental concerns. New Rochelle residents were worried about the lack of traffic calming measures along Lincoln Avenue, and how a new development would exacerbate these issues; New Rochelle residents claimed the proposed development would create additional problems with parking as more Pelham residents will be using the New Rochelle streets to park. New Rochelle residents believe the architectural design does not match the aesthetics of the surrounding neighborhood, and a row of five townhouses is out of place in a neighborhood of single family, free-standing homes. New Rochelle residents expressed concerns about the dangers of chipping rock for the proposed development, and if the property was properly remediated following the fuel spills from years ago. George Eziye, 355 Lincoln Avenue, was worried about how this development would impact the storm water drainage systems of Pelham and New Rochelle. Mr. Eziye has previously experienced flooding and significant property damage due to the deficiencies of the Pelham and New Rochelle drainage systems. Trustee Kagan would like the applicant and DPW to investigate whether the sewer line was extended to the Village of Pelham. Page 9 Board of Trustees Regular Meeting Tuesday, October 24, 2017 The developer worked with AKRF to address the concerns of the site distances for the ingress/egress of the property, so they have increased the distance between the curb cuts. With respect to the storm water issue, the 10 and 25 year storm drainage study revealed the infiltration/parking area is able to accommodate the run-off associated with the development; the site is already impervious to run-off because of the land’s prior use as a gas station. Mr. Cooper reported the developer would be chipping away the rock, so it will be noisy for a short period of time. Trustee Kagan asked about the location of the guest parking spaces, and Mr. Cooper responded that the guest parking spots will be parallel to the landscape strip (10 feet), with 25 feet of open space between the guest parking spot and the building. Mr. Cooper reported the residents’ parking spaces will be tandem in the garage. Mayor Volpe stated the Board will make a referral to Westchester County Planning Board for review and comment, and it was motioned by Trustee Kagan and seconded by Trustee Ferrara, passed unanimously. Mayor Volpe stated the Board will make a referral to the City of New Rochelle for review and comment, and it was motioned by Trustee Kagan and seconded by Trustee Mullen, passed unanimously. Mayor Volpe stated the Board will circulate its intent to serve as the lead agency for the purpose of the SEQRA review. Page 10 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Item # 12 – Consideration of Federal Immigration Status in the Village of Pelham Mayor Volpe stated the Board has considered this resolution for 8 months, and the Village of Pelham has always been inclusive. The Board has decided the resolution would apply to all Village departments and services, and special thanks to Jenny Driesen, Dominique Shuminova, and Maryanne Joyce for their contributions in drafting the document. Trustee Kagan read the following statement “From January-March this year, concerned citizens approached this board and others in our area with requests to enact laws to put a stop to the use of our limited local resources to enforce federal immigration law. The NY State attorney general provided guidance on how local governments could respond to these concerns. In the intervening months, this board drafted four versions of a local resolution. In July, the City of Rye adopted a concise police procedure, written by their police commissioner, that enshrined 3 of the 8 principles recommended by the NY State Attorney General. Around the same time, Westchester County tried to pass its own immigration bill, but fell one vote short of overriding the county- executive’s veto. In September, this board reviewed a fifth draft based the Rye resolution, but some changes were necessary to accommodate a feeling that it made it too easy to hold people for violating the federal law that made it a crime to return to the US, after having been lawfully removed. In response, Trustee Mullen and I met with our police leadership and found language used by New Rochelle that helped provide greater guidance on that issue. I greatly appreciate the input of the police department leadership, the Mayor, my colleagues on the board and Maryanne Joyce, who provided valuable input on those drafts. And although it took longer than some may have wanted, we felt it was important to consider all viewpoints and to wait until after the summer so members of our community would have an opportunity to engage if they wanted to. For some we heard concerns about preservation of local authority. For others it was about making sure all among us would feel safe reaching out to law enforcement, which in turn would keep us all safer. Still others felt it was a risky and unnecessary move that could jeopardize federal funding or impair law enforcement communication across departments. For me, it was about 2 things: (1) making sure all our departments had up-to-date policies for what to do if/when they receive requests for detention or information from CBP/ICE and (2) I was concerned about ICE/CBP asking our staff to do more, or detain people longer, then we should. Of course I want our departments to use every tool at their disposal to continue to do the work that keeps us safe and makes this village run. I believe, the attached resolution does not impair their ability to provide those services. What it does, is provide a framework for our department heads to create their own policies consistent with these goals. Page 11 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Before us tonight, is a localized version of the Rye procedure order, together with some language from New Rochelle’s order and applied generally to all Village service departments. In my view, this approach strikes the right balance for our community, and I ask for my colleagues support on this resolution. I’m also hopeful other communities will follow our example and consider doing the same.” Trustee Mullen read the following statement: “I just want to start by thanking Deputy Mayor Kagan for his work on this, over the last eight months. I think it’s accurate to say that no one in the Village of Pelham has spent more time on this than Adam. You know this is an important issue to me, and I can’t thank you enough for the time you’ve given it. I also want to thank the Police Chief. I had the opportunity to sit down with him and the Deputy Mayor a couple of weeks ago. I think it’s fair to say that we wouldn’t be here tonight without his input and insight on this, so thank you to the police chief for all you’ve done for the Village and all you will continue to do. Over the summer, an individual came before the board, and asked “Is this good government.” To be more precise, his question was “Is this good government… CHANCE?” Since the question was directed at me, I do feel an obligation to provide my take on it, so I apologize in advance to my colleagues for taking a little time on this. Now, obviously, any answer I give is going to be subjective. We could all come up with a hundred things that factor into what makes a good government, but for my part, there are three big things that really jump out. First, as I’ve said before, I believe that good government is a proactive one. One that tries to solve problems before they arise, not just after. This is rare in government, frankly. But it’s not rare outside of it. I work for a global philanthropy, and one of the things I help to manage is the annual update of our employee handbooks. We have 11 of them because we have an office in New York and 10 regional offices around the world. What drives that process is a very simple question: are we engaged in a practice, or are we likely to be engaged in a practice in the future, for which we do not have a formal policy. If we find that not having a policy increases our risk of legal liability, or the risk that there could be confusion about procedure, or if we feel we’re not taking into account recent changes in the political or legal landscape, then we write a policy. In advance. Especially if it involves a potentially sensitive issue. Because we know that it is infinitely easier to write a policy before there’s a problem than it is to write one once you’re in the middle of a crisis. In this case here, we do not yet have a formal Village-wide policy regarding our role in immigration enforcement. Given the expected increase in enforcement activity in this area, given the legal liability we might assume by complying with ICE practices that are sometimes constitutionally questionable, given the negative impacts these practices have had on other communities with regard to public safety and litigation around racial profiling and discrimination, and, of course, given the likelihood that Page 12 Board of Trustees Regular Meeting Tuesday, October 24, 2017 the next few years could bring up questions we’ve simply not had to answer before in Pelham, it makes sense to write a policy. This resolution is an attempt to solve a problem before it becomes a problem. I believe that is central to good government and that is the first reason I’ll be voting for this tonight. Second, and perhaps even more important, I believe one of the most significant roles government has to play is ensuring the fair and equal treatment of all people under the law, regardless of race or national origin or any other characteristic. Many of my biggest concerns about the executive order released by the White House in January are the ways in which the new protocols will affect citizens and other legal residents--not just people who came here illegally, not just those who are undocumented, but those who may end up being mistaken as undocumented. In our zeal to enforce immigration laws, we should always remember: different laws affect different communities differently. I am a white, English-speaking, natural-born citizen, raised in Southwest Kansas. And I look and sound like a white, English-speaking, natural born citizen, raised in Southwest Kansas. No one’s ever going to ask me if I’m a citizen. No one will ever question my right to government services. No one will ever try to detain me without warrant, simply because the name “Chance Mullen” pinged a federal immigration database and the powers-that-be needed a little extra time to verify where I came from. I will never be a false positive. If you are in this community and you are here legally, you should have the exact same experience of our government that I have. I am never going to be in a position to have to defend my right to be here. And you shouldn’t either. Fair and equal treatment is not a liberal concept. It’s a value enshrined in the Constitution I swore an oath to uphold. And that’s the second reason I’m voting for this tonight. And finally, I believe that good government can best be determined by looking at the behavior of those elected to serve. I understand that this can be a difficult conversation to have. This topic is rife with opportunities for misunderstanding and disagreement. Over the last eight months, we’ve had our share of disagreement. And no one is perfect. But I’ve been happy to see that at no point did anyone on this board respond to that disagreement by retreating into our partisan bunkers and hurling insults at each other. We didn’t take to Facebook and twitter. With some people in the community urging us to move more quickly, and some threatening us with lawsuits, we have continued to focus on making the best decision possible for the Village of Pelham, seeking consensus and understanding-- operating not as adversaries, but partners. And that is exceedingly rare in government these days. So back to the question at hand: Is this good government? With all due respect, yes. It is. And I’m happy to be a part of it. Thank you.” The Board endorsed the statements of Trustee Mullen and Trustee Kagan, and hopes the community can maintain this level of engagement for other projects. Page 13 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Resolution 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 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 Page 14 Board of Trustees Regular Meeting Tuesday, October 24, 2017 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. 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, or b. there is probable cause to believe that the individual has or is engaged in terrorist activity. or c. 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 and the subject of the civil immigration detainer: - is identified as a possible match in the terrorist screening database; or - has been convicted of a violent or serious crime; or - has pending charges that allege violent criminal conduct; or - poses a serious and imminent danger to the community at large; or - may have information, as determined by the Police Chief, related to an ongoing criminal investigation unrelated to the immigration status of the detainer subject. Page 15 Board of Trustees Regular Meeting Tuesday, October 24, 2017 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 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. Motion by: Trustee Mullen Seconded by: Trustee Ferrara Vote: 7-0 Page 16 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Item # 13 – Public Hearing on Local Law No. 5 of 2017 to Amend Chapter 2 of the Village Code Regarding the Village Administrator Mayor Volpe stated they have made substantial edits to Local Law No.5. The public hearing was opened after a motion by Trustee Reinke and seconded by Trustee Ferrara, passed unanimously. The public hearing was closed after a motion by Trustee Kagan and seconded by Trustee Ferrara, passed unanimously. Page 17 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Item # 14 – 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 hearings were held on September 26, 2017 and October 24, 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. Motion by: Trustee Reinke Seconded by: Trustee Mullen Vote: 7-0 Page 18 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Item # 15 – Authorizing the Temporary Shoring of Parking Lot 2 on an Emergency Basis Mayor Volpe declared there are significant issues in Parking Lot 2 that need to be addressed immediately to avoid closing the Lot entirely. Trustee Kagan asked the Mayor about the length of the project, and Mayor Volpe reported this will be phase I of a larger scale rehabilitation project, but 12 parking spots will be affected during the temporary shoring, so those parking spaces will be moved to open Lot 2. Maggie Klein, Pelham Plus, asked about the safety of Parking Lot 2, and Mayor Volpe stated the shoring will reinforce the existing beams. Resolution Authorizing the Temporary Shoring of Parking Lot 2 on an Emergency Basis Whereas, Parking Lot 2 located on Third Street intersecting Fourth Avenue was constructed in or about 1988 consisting of approximately 196 parking spots; and Whereas, certain structural elements of Parking Lot 2 are in a significant state of disrepair, and concerns have been raised regarding the potential for failure; and Whereas, Grigg and Davis Engineers, P.C. prepared temporary shoring plans and details to address the aforementioned concerns; and Whereas, in order to expedite the work, the Village must utilize the emergency procurement process specified in §103(4) of the New York State General Municipal Law which allows for the waiving of competitive bids under circumstances where the public health and general welfare of the municipalities residents is threatened and immediate action is required which cannot wait competitive bidding. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham pursuant to §103(4) of the New York State General Municipal Law declares an emergency and authorizes the Village Administrator to execute the attached proposal with Specialty Construction Systems, Inc., Mount Vernon, NY in the amount of $65,500 for the temporary shoring of Parking Lot 2; 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 Mullen Vote: 7-0 Page 19 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Item # 16 – Calling for a Public Hearing on Local Law No. 6 of 2017 to Permit the Use of Best Value Methodology in Awarding Contracts Resolution Calling for a Public Hearing on Local Law No. 6 of 2017 to Permit the Use of Best Value Methodology in Awarding Contracts Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to create Chapter 6 which will authorize the use of Best Value Methodology in awarding contracts pursuant to General Municipal Law §103(1). Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, November 14, 2017 at 7:30 pm or soon thereafter at Village Hall, 195 Sparks Avenue, Pelham NY 10803 on a proposed local law to create Chapter 6 to permit the use of Best Value Methodology in awarding contracts; 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 Ferrara Vote: 7-0 Page 20 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Item # 17 – Appointing Village Attorney Mayor Volpe stated it is necessary to appoint a Village Attorney. Mayor Volpe reported Edward Smith served as the chairman of the Zoning Board of Appeals for 15 years, so he has experience with land use matters. Mr. Smith was a former partner and colleague of Mayor Volpe at Venable, LLP, but most importantly he served as a U.S. Attorney for the Southern District of NY for 10 years. Resolution Appointing Village Attorney Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Edward Smith of Pelham, NY as Village Attorney, for the ensuing Fiscal Year. Motion by: Trustee Mullen Seconded by: Trustee Potocki Vote: 7-0 Page 21 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Item # 18 – Other Business Code Revision Project Trustee Mullen asked about the status of the Code Revision project, and Mayor Volpe reported they have to obtain information from the vendor and then agree on a process with them. Mayor Volpe would like to have a meeting to outline the steps, cost, and timeline for the Code Revision project. Page 22 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Recurring Items Item # 19 - Authorizing the Accounts Payable Trustee Spira-Cohen audited the Accounts Payable. Mayor Volpe reported the costs for the Police Benevolent Association Interest Arbitration will increase as the process goes on, and the costs so far are approximately $41,000-$45,000. 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 $293,117.46 Capital Projects Fund $138,801.87 Trust and Agency Fund $227.50 TE Private Purpose Trust Fund $0.00 Grand Total $432,146.83 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 Reinke Vote: 7-0 Page 23 Board of Trustees Regular Meeting Tuesday, October 24, 2017 Item # 20 – Authorizing the Minutes of: May 2, 2017, May 16, 2017 and June 6, 2017 May 2, 2017, As amended. Motion by: Trustee Kagan Seconded by: Trustee Ferrara Vote: 5-0-2 Trustee Potocki and Trustee Reinke abstained May 16, 2017 As amended. Motion by: Trustee Ferrara Seconded by: Trustee Spira-Cohen Vote: 5-0-2 Trustee Potocki and Trustee Reinke abstained June 6, 2017 As amended. Motion by: Trustee Mullen Seconded by: Trustee Kagan Vote: 4-0-3 Trustee Potocki, Trustee Reinke, and Trustee Spira-Cohen abstained Item # 21 – Adjournment to Executive Session (if needed) The public portion of the Board meeting was adjourned at 10:56 pm. Page 24