Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JANUARY 9, 2018, 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. Discussion on 101 Wolfs Lane Staff Report 9. Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA), the General Municipal Law and the Westchester County Administrative Code Regarding the Application of 101 Wolfs Lane (MatriArch Development) 10. Discussion on Sanitation Contract Bid Results 11. Resolution Authorizing the Purchase of a Pumper Fire Apparatus 12. Public Hearing on Local Law No. 1 of 2018 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c 13. Resolution Adopting Local Law No. 1 of 2018 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c 14. Resolution Authorizing the Acceptance of a Retirement, Separation of Employment and General Release Agreement 15. Resolution Authorizing Tax Certiorari Settlement and Payment for Pelham 5th II Properties, LLC at 308 Fifth Avenue 16. Resolution Authorizing Participation in the Mid-Hudson Street Light Consortium 17. Discussion on Interim General Foreman 18. Other Business Recurring Items 19. Authorizing Accounts Payable 20. Authorizing the Minutes of: November 14, 2017, November 28, 2017 and December 12, 2017 21. Adjournment to Executive Session (if needed) Next Regularly Scheduled BOT Meetings: Tuesday, January 23, 2018 Monday, February 12, 2018 Budget Meeting: Tuesday, January 23, 2018 6:30 p.m. – Fire Department All meetings start at 7:30 p.m. unless otherwise noted. *The Agenda is subject to change.* Board of Trustees Regular Meeting Tuesday, January 9, 2018 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 was absent. Village Administrator Gallagher and Assistant Village Administrator Scelza were present. Mayor’s Report: Mayor Volpe reported the Village of Pelham police officers (Det. John Hynes and Police Officer Mike Sheehy) attending the Pelham versus Blind Brook Boys Varsity Basketball game on Wednesday, December 20th revived a Blind Brook player with CPR after he collapsed. Officer Michael Sheehy and Detective John Hynes, called for backup and other emergency personnel, and Fire Lieutenant D’Onofrio assisted in the young man’s resuscitation and he was then taken to Montefiore Hospital in New Rochelle to recover. Mayor Volpe would like to give special thanks to Detective Hynes and Officer Sheehy, and Fire Lieutenant D’Onofrio, who will later be honored at the service awards. Mayor Volpe reported Barbara Barlett passed away recently, and Ms. Barlett served 20 years on the Village of Pelham Architectural Review Board. A service for Barbara will be held at the Pelham Funeral Home, on Wednesday, January 10th from 4:00 PM to 8:00 PM. Mayor Volpe thanks Barbara for her many years of service to the community. Mayor Volpe reported Joseph (Jay) Hays, the former mayor of Pelham Manor, passed away suddenly while visiting his son, daughter-in-law and granddaughter in Bangkok, Thailand on January 2, 2018. A service will be held at Our Lady of Perpetual Help on Saturday, January 13, 2018 at 11:30AM. Mayor Volpe observed a moment of silence for the recent passing of both Ms. Barlett and Mr. Hays. Mayor Volpe announced he received commendations from residents and non-residents about the condition of our roads during snow fall. Mayor Volpe stated the Village budgets and plans for snow events, but special thanks go to Assistant Village Administrator Scelza, Village Administrator Gallagher, Gerald Tew, and the DPW staff for all their work in preparing for the winter road conditions. Page 2 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Mayor Volpe reported the Village of Pelham in collaboration with the Village of Pelham Manor will hold their annual active shooter training on Monday, January 15th at Pelham Middle School. Officer Hendrie, Officer Sheehy, Sergeant Mitrione, Lieutenant Pallet, Sergeant Carden, and Police Chief Benefico are hosting the event, so if any trustees want to participate, please contact the Mayor. Mayor Volpe reported he is preparing a Request for Proposal (RFP) for the sale or swap of the fire house and nearby Village parking lots that would give the Village of Pelham an opportunity to redevelop land for new parking lots. Mayor Volpe hopes to have a discussion about this proposal at the next Board of Trustees meeting on Tuesday, January 23rd. Mayor Volpe reported Michael Ruggiero, Eagle Scout Candidate in New Rochelle’s Troop 11 was featured on the front page of the Journal News, right after Christmas in connection with his work to clean up and beautify the Highbrook highline property. Mr. Ruggiero’s work is almost complete, so Eagle scout candidate, Woods Johnson, plans to finish the project. The plan is to extend the trail over the bridge west to Pell Place, but the Board needs to consider fencing the area before they can continue their work. Mayor Volpe stated the Village may be receiving more grant money through Assemblywoman Paulin, so hopefully the Board can move forward on the fencing to improve the property. Mayor Volpe thanks Assemblywoman Paulin for her hard work in securing the funding. Mayor Volpe reported he has received suggestions about establishing a charitable contribution system, where people donate to a village run charity as a way of mitigating property taxes. A taxpayer would contribute to the trust (annual property taxes) and in turn the charitable trust would allocate that amount to various entities--the schools, police department, and other departments/agencies. The Village would then credit the taxpayer for the amount of the donation, making the donation nearly entirely deductible. Mayor Volpe is taking this idea under active consideration, but this needs to be a collaborative effort between the two Villages since the Town of Pelham serves as the tax collecting authority. Mayor Volpe reported over the holidays he met with Town Supervisor DiPaola, Mayor Monachino Lapey, and Board of Education President Madeline Smith, concerning the tax issue, so they can give their residents guidance on how to prepay taxes. The Town, on advices from their legal counsel allowed individuals to pre pay taxes using the then assessments that were set or the tentative assessments, so he hopes people will have the deductibility option when they file their 2017 tax returns. The Board will seek counsel on how to navigate the tax issue. Mayor Volpe announced Police Chief Benefico will be retiring at the end of the fiscal year, and he thanks Joe for his many years of service. Page 3 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Trustees’ Report: Trustee Ferrara reported Assistant Village Administrator Scelza has been looking at proposals for a Village wide sidewalk assessment, which will include a comprehensive examination of all 19.5 miles of sidewalk in the Village. The assessment will examine the tripping hazards, cracked concrete, damaged flags, sidewalk clearance, and vertical lift caused by tree roots. The goal is to replace/repair as many of the Village owned sidewalks as possible then they will inform residents about the conditions of their sidewalks. Trustee Ferrara reported the Pelham Preservation and Garden Society is donating plantings for areas on First Street to Nyac Avenue; the current plans are low maintenance, so it will easy for the Department of Public Works to manage. The Pelham Preservation and Garden Society would like to Board to approve of the donation tonight, so they can recruit volunteers at their upcoming public service fair. ******** Trustee Kagan reported Constellation New Energy’s (the Village’s Community Choice Aggregation power supply provider) environmental disclosure letter was woefully misleading and poorly written. The environmental disclosure letter’s chart on fuel sources focused on nuclear, gas, coal, excluding renewable energy sources. Trustee Kagan encourages residents to read Westchester Power’s explanation on the Constellation disclosure letter. Dan Welsh, the program director of Westchester Power, reported the fuel sources chart does not reflect the purchase of green power because the New York State reporting regime does not report green energy sources purchased through national green-E renewable energy certificates (RECs). Trustee Kagan reported he attended the inauguration of Westchester County Executive George Latimer with Trustee Mullen, and Trustee Kagan was happy to see Pelham well represented. Notably, Attorney General Eric Schneiderman and Governor Andrew Cuomo spoke extensively about the tax issue and how they working hard to resolve it. Attorney General Schneiderman said he is preparing to file suit against the Federal government concerning the implementation of the tax plan. Trustee Kagan reported a student went into respiratory distress at a high school basketball, and our first responders were able to use their training to help the young man. Mayor Volpe elaborated further on this matter. ******** Trustee Mullen reported work has started on the Village of Pelham’s mobile application. The mobile application will be available for download on your android or apple device, and residents will be able to share feedback, take surveys, pay parking tickets, and hopefully provide a sanitation schedule specific to a resident’s zone. Trustee Mullen hopes to start beta testing next month, so he is looking Page 4 Board of Trustees Regular Meeting Tuesday, January 9, 2018 for volunteers to test the application, please contact him if you are interested in participating in the beta testing. ******** Trustee Potocki reported there was a request from the merchants to put up decorations on the south side of the Metro North train station for the holiday season, so Mayor Volpe, the Department of Public Works, and Village Hall coordinated to hang the wreaths. Trustee Potocki would like the Board to consider adding a plug to the poles south of the Metro North train station, so Trustee Potocki suggested this project could be included with the LED street light conversion. ******** Trustee Reinke was absent. ******** Trustee Spira-Cohen reported she has been working with Eco-Pel, the Pelham Preservation and Garden Society, and the Town Board on the draft mission statement for the Sustainability Advisory Board. Trustee Spira-Cohen hopes to have more feedback available for the next Board of Trustees meeting, but so far the responses have been positive. Trustee Spira-Cohen would like to get this committee formed in a few meetings, so if you are interested in joining please contact her. Village Administrator’s Report: Village Administrator Gallagher had nothing to report. Item # 7 – Public Comments Susan Mutti, 321 4th Avenue, on behalf of the Friends of the Highbrook Highline, said Mr. Ruggiero is a trailblazer, and his assignment is nearly complete. The only thing left is the signage, he has gone above and beyond. He has done an impressive scope of work, his resources included procuring heavy equipment for the grading, which could not be done otherwise. Ms. Mutti said safety fencing is the only piece needed to open the space to the public. Ms. Mutti asked the Board to distribute an RFP including the drawings that Sean Jancksi (Principal of Sean Jancski Landscape Architects)prepared. Ms. Mutti suggested that the Board reach out to other contacts or companies that would interested in opening this public space to the public. Ms. Mutti stated the positive press is great for Pelham, and she believes we need to bolster what makes Pelham great, such as projects led by volunteers that make a difference, the Pelham arts center, the library, Pelham preservation society, and the other service led organizations. Page 5 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Non-Recurring Items Item # 8 – Discussion on 101 Wolfs Lane Staff Report Seth Mandelbaum Esq, from McCullough, Goldberger & Staudt, LLP, representing Matriarch Development, gave an update on the development since the December 12th Board of Trustees meeting. They have submitted supplemental materials including engineering drawings, a storm water report from Langan Engineering, and letters from the traffic consultant Provident design engineering and BFJ planning responding to specific questions from the Board. The developers received a copy of the report from Nanette Bourne, from Sam Schwartz Transportations and they met with the Town Assessor concerning some tax data, so they are asking for a referral to the land use boards, declaration of intent to serve as lead agency for SEQRA review, and a referral to Westchester County. Mr. Mandelbaum is asking for a referral tonight because of the land use boards published schedules, but Mayor Volpe assured him the land use boards have met outside their scheduled date if necessary. Trustee Spira-Cohen asked about the parking configuration of the development, and Mr. Mandelbaum stated the parking design (cross hatching) presents an opportunity to improve the circulation of the parking lot and add landscaping. Trustee Potocki stated the developer needs to provide the anticipated rental rates for all unit types and an estimate of the school-age children generated from this development. Trustee Potocki and Trustee Kagan asked about the 3,000 square feet space designated for municipal office use, but Mr. Mandelbaum said the specifics of that space have not been determined. Trustee Mullen likes the design of the project, but he is concerned about the parking easement. Trustee Mullen believes offering municipal office space is pointless, when parking is an important issue in the Village. Trustee Mullen believes the parking easement will create a problem; the Village is likely to lose spaces once the spaces are re-striped to become ADA compliant. Mr. Mandelbaum understood the easement to be neutral in spaces, but Trustee Kagan explained with the ADA parking requirement increases the dimensions of a parking space, so spaces will compromised. Trustee Kagan stated some factors and assumptions were made in calculating this project’s tax benefit to the Village, so he would like to know how it was calculated because that is still unclear. Frank Fish, principal from BFJ Planning, stated they met with the Town Assessor to obtain data from 2015 & 2016, which they will provide in a supplemental report to Ms. Bourne to review. Mr. Fish stated comparable developments in Tuckahoe and Bronxville did not generate any school age children, and these comparable developments came from AKRF (Ms. Bourne’s former firm). Mr. Fish stated they used the Rutgers study to provide them with the lower end of their range of the Page 6 Board of Trustees Regular Meeting Tuesday, January 9, 2018 school age children, and the higher end of the range (2-4 school age children) came from comparable developments in Westchester County. Mr. Fish said he will distribute this data (Avalon) to Ms. Bourne. Mr. Fish stated they looked for comparable developments that were targeting the same population-millennials and empty nesters, transit-oriented, with similar amenities. Mr. Fish contends they used the same methodology as the developers of 8 Boulevard West (recently Board approved) and had the same findings. Trustee Kagan stated in the storm water management report prepared by Langan, (table 3-2: Comparison of Pre-& Post-Development Peak Discharge rates) examines two design points of inflow for storm water drainage on the east property line (Wolfs Lane) and on the west property line drainage line, but Trustee Kagan is concerned about the infrastructure on the east property line (Wolfs Lane). Trustee Kagan would like some clarification on table 3.2 because while the report states there is no increase in run off, there is an increase for design point 1 (Wolfs Lane), so he is concerned about its capacity because of the residents and the businesses along Fifth Avenue. Mr. Mandelbaum said the Village’s consultant will continue to review this data, but he will pass along Trustee Kagan’s concern. Trustee Kagan would also like some clarification on “detention not required” for the proposed development, but the previous page says storm water runoff will be detained at a rate equal or less than what existed before the development, so it is unclear. Trustee Potocki asked how do we resolve the parking easement issue, and Mr. Mandelbaum stated Mr. Spolzino (Village’s land use counsel) suggested they propose the easement to start the site plan process and then formalize a plan with the Village. Trustee Kagan stated the land use boards are comprised of two sets of volunteers, so the Board is considerate of their time, and he does not want them to view an incomplete report. Trustee Kagan stated the parking easement is an important part of the plan that is still incomplete. Mayor Volpe stated this project is a large development for the community, so there will no referral tonight, and he would like to invite them to come back for the next Board of Trustees meeting on Tuesday, January 23rd. Mayor Volpe stated the developers, Mr. Spolzino, Mr. Fish, Ms. Bourne, Village Administrator Gallagher, and himself should meet before then to discuss a few issues such as: easement consideration, school age children, and traffic. A meeting was set for Thursday, January 18th at 2pm. Mayor Volpe stated the Board cannot encumber land purchased with bonds until they get more information on the percentage of land the easement would require, so there are considerations the Board needs to take into account before they can reach an agreement on the easement issue. Mayor Volpe suggested to move Village Hall to the proposed 3,000 sq. ft. municipal space in the 101 Wolfs Lane development, and knock down 195 sparks avenue (currently-Village Hall) to build two levels of parking. Mayor Volpe suggested the developers meet with Board of Education President Madeline Smith and Superintendent Dr. Cheryl Champ to discuss the school impact of the development and to address their own concerns about the project. Page 7 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Mayor Volpe is concerned about the traffic this project may generate, so he would like to the Board to commission a comprehensive traffic study of the community. Mayor Volpe believes a comprehensive traffic study will help the Board inform future developers about traffic in certain parts in the community or hotspots. Mayor Volpe stated the BDFZ has spurred an interest in the community from developers, so the Board has to be mindful of the potential impact any development would have on the community. Mayor Volpe would like to see 101 Wolfs Lane get developed and it looks like they are on that path. Mayor Volpe requests a copy of the geotechnical soil boring report to be given to Ms. Bourne prior to the issuance of a building permit. Vote Record- Item #8- Discussion on 101 Wolfs Lane Staff Report Village of Pelham Board of Trustees Regular Meeting Tuesday, January 9, 2018 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☐ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☐ ☐ ☐ ☐ Amended Trustee Kagan ☐ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☐ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☐ ☐ ☐ ☐ ☒Discussed Trustee Reinke ☐ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☐ Page 8 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Item # 9 – Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA), the General Municipal Law and the Westchester County Administrative Code Regarding the Application of 101 Wolfs Lane (MatriArch Development) Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA), the General Municipal Law and the Westchester County Administrative Code Regarding the Application of 101 Wolfs Lane (MatriArch Development) Be it resolved, by the Board of Trustees of the Village of Pelham as follows: 1. The proposed action is the approval of a permit and site plan approval pursuant to Village Code §98-106.3 allowing the construction of a multi-family building with 58 residential units, approximately 4,370 square feet of commercial space, 3,000 square feet of office space, and 71 parking spaces. The project site is located at 101 Wolfs Lane and consists of two parcels that total 29,193 square feet (0.67 acres). Parcel 1 (SBL 163.44-1-2) consists of 10,350 square feet and has 103 feet of frontage on Wolfs Lane. Parcel 2 (SBL 163.43-1-3) is an interior lot with 18,843 square feet with access via Sparks Avenue. 2. The Board of Trustees of the Village of Pelham has reviewed and considered the Environmental Assessment Form submitted by the applicant. 3. The Board of Trustees of the Village of Pelham determines that: (A) The proposed action is subject to the requirements of SEQRA; (B) The proposed action is an Unlisted Action; (C) The action is not located in an agricultural district; and (D) The Westchester County Department of Health is an involved agency. 4. The Board of Trustees of the Village of Pelham determines that because there is another involved agency, it proposes to be the Lead Agency for purposes of SEQRA review, and will conduct a coordinated review in accordance with 6 NYCRR §617. Vote Record- Item # 9 - Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA), the General Municipal Law and the Westchester County Administrative Code Regarding the Application of 101 Wolfs Lane (MatriArch Development) Village of Pelham Board of Trustees Regular Meeting Tuesday, January 9, 2018 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☐ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☐ ☐ ☐ ☐ Amended Trustee Kagan ☐ ☐ ☐ ☐ ☒Tabled Trustee Mullen ☐ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☐ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☐ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☐ Page 9 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Item # 10 – Discussion on Sanitation Contract Bid Results Mayor Volpe stated the Village bid out the sanitation contract, conducted an analysis, and distributed a survey to the residents. Assistant Village Administrator Scelza reported back in November, the Village went out to bid presenting three alternatives, with alternative one being our current level of service. Assistant Village Administrator Scelza said Village Staff recommends alternative three, rear- yard pickup, moving forward because it increases recycling from biweekly to once a week. Mayor Volpe stated the constituents would like to maintain their current level of service and increase recycling. Mayor Volpe expressed concerns about the bins brimming with garbage on the weekends, and Assistant Village Administrator Scelza said it will cost about $15,000 a year for DPW to perform an additional service, but the Village also has to consider the potential collective bargaining unit issue that would arise from this service. Mayor Volpe asked if the vendor could perform the service, but Assistant Village Administrator Scelza revealed the Board would have to reject the bids and re-bid the sanitation contract, and the current contract expires on Wednesday, February 28th, 2018. Trustee Spira-Cohen thinks the Board should discuss adding a composting service, if they decide to re-bid the sanitation contract. Trustee Spira-Cohen said Anna Giordano, from We Future Cycle, is an excellent resource about compost and garbage pick-up. Trustee Spira-Cohen stated there are different options available for the frequency of composting, either through a pick-up service, drop-off service, etc. Mayor Volpe stated a composting program would require more time and analysis, and Trustee Kagan said the sanitation contract and composting program are not mutually exclusive, so you can still run a pilot composting program. Trustee Potocki asked if an addendum could be drafted for the sanitation contract after the 2 year period is over, and Assistant Village Administrator Scelza stated the Village can re-bid after the 2 year period and add additional services. Trustee Kagan prefers alternative two because he does not believe that an increase in recycling will produce more recycling materials, so alternative two is a compromise between alternative one (current) and alternative three. Assistant Village Administrator Scelza stated in 2016, 60% of the Village’s total tonnage was recycling. Trustee Spira-Cohen endorses alternative three because it will promote that recycling is important and get people into the habit. Trustee Spira-Cohen thinks the Board should work towards the goal of reducing garbage pick-up. Mayor Volpe said a resolution needs to be drafted to accept alternative two or alternative three, and Mayor Volpe will let Village Administrator Gallagher know his decision soon. John Cassone, 312 7th Avenue, said he would like the Board to consider adding an addendum, for the weekend garbage service, and Mayor Volpe said he will explore that option. Page 10 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Vote Record- Item #10- Discussion on Sanitation Bid Contracts Village of Pelham Board of Trustees Regular Meeting Tuesday, January 9, 2018 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☐ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☐ ☐ ☐ ☐ Amended Trustee Kagan ☐ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☐ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☐ ☐ ☐ ☐ ☒Discussed Trustee Reinke ☐ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☐ Page 11 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Item # 11 – Authorizing the Purchase of a Pumper Fire Apparatus Trustee Mullen stated they switched fire truck vendors since the last Board of Trustees meeting, so they will be moving forward with Spartan. New England Fire Apparatus (Dealer) terminated their relationship with Smeale, so the Fire Truck Committee had to go back and choose another vendor. Spartan is the same as Smeale in terms of the specifications, but there is an $9,000 increase in cost. They have reached out to the vendor to bridge the price gap, so they offered a 5 year warranty (industry standard is 2 years), free jaws of life tool, which costs $10,000, service work based in Long Island, and it will still take 390 days to build the fire truck. Trustee Kagan stated Smeale offered a free loaner, but Trustee Mullen clarified that upon further review, the loaner truck was going to be offered while waiting for the truck to be built, not during the truck’s lifespan. Trustee Kagan expressed concerns about the price of the Spartan truck, which costs $546,000, and Trustee Mullen explained Smeale offered some prepaid discounts, but the jaws of life tool will save the Village $10,000. Trustee Mullen believes we should not prepay for the Spartan discounts because the Board will prepay for 8 months, but the work on the truck will not begin for some time. Trustee Mullen would also like to take into account the interest considerations, and over the course of a year at a rate of 0.55%, the money bonded for the fire truck will make $15,000 in interest. Trustee Kagan reviewed the purchase order acceptance agreement for Spartan, and he had an issue with the clause about manufacturer charging the Village to essentially rent their own truck if it is placed in service prior to payment in full. Trustee Mullen stated that should not pose a problem as the Village already has the money for the fire truck in a money market account. Trustee Kagan would like clarification on when the fire truck belongs to the Village, is it upon delivery of the apparatus or upon shipment because he is concerned about the fire truck being damaged en route to the Village, so he wants to be clear on our obligations. Mayor Volpe stated the resolution will be amended to reflect that the Village Administrator and Mayor will have a discussion with the Vendor respecting the clarification on the final inspection and delivery issues. John Cassone, 312 7th Avenue, asked if anyone has checked with previous buyers, if there is a penalty fee if the vendor does not deliver on time, and Trustee Mullen said the fire truck committee has checked with the previous buyers, and the vendor will incur a $200 penalty fee per day. Resolution Authorizing the Purchase of a Pumper Fire Apparatus Whereas, in accordance with New York State General Municipal Law §103 the Village of Pelham (“Village”) is authorized to purchase apparatus, materials, equipment and supplies, as well as to contract for services related to the installation, maintenance or repair of those items, through the use of contracts let by the United States or any agency thereof, and/or any state or any other political subdivision or district therein; and Page 12 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Whereas, the nationally recognized National Joint Powers Alliance Cooperative Purchasing System (“NJPA”) is compliant with New York State General Municipal Law §103, offering the potential to reduce costs associated with procurement of necessary goods and services, including the prospective purchase of certain fire apparatus; and Whereas, Fire Chief James DiNapoli and members of the Fire Truck Committee have undertaken extensive research concerning quality and appropriate Pumper Fire Apparatus manufacturers, and have identified Spartan Motors USA, Inc., as a manufacturer of quality and appropriate Pumper Fire Apparatus under the NJPA Program; and Whereas, funding is available in the Villages Fiscal Year 2017-18 Capital Budget. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the purchase of one (1) Custom Pumper Fire Apparatus on a Spartan Chassis through NJPA Contract # 011714-SFA based on the provided specifications and drawings for the Village of Pelham Fire Department from Spartan Motors USA, Inc. for a total cost of $546,423.00; and Be it further resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Mayor to execute a contract with Spartan Motors USA, Inc., with all costs to be charged to Capital Budget Account # H.3410.204; and Be it further resolved, that the Board of Trustees authorize the appropriate Village officials and staff to take the necessary and appropriate actions to effectuate the intent of this resolution. Vote Record- Item # 11 – Resolution Authorizing the Purchase of a Pumper Fire Apparatus Village of Pelham Board of Trustees Regular Meeting Tuesday, January 9, 2018 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☒ ☐ ☐ ☐ ☒Approved as Trustee Ferrara Second ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☐ ☐ ☐ ☒ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 13 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Item # 12 - Public Hearing on Local Law No. 1 of 2018 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c The public hearing was opened after a motion by Trustee Potocki and seconded by Trustee Ferrara, vote 6-0. The public hearing was closed after a motion by Trustee Ferrara and seconded by Trustee Spira- Cohen, vote 6-0. Page 14 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Item # 13 - Adopting Local Law No. 1 of 2018 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c Mayor Volpe explained to the public that this resolution would allow the Board to pass a local law allowing the Village to exceed the tax cap. He stated that this year, the Village will not exceed tax cap. This local law is necessary to preserve the option for the Village to exceed the cap, in the event unforeseen circumstances arose, and is the same resolution as we have adopted in past years. Resolution Adopting Local Law No. 1 of 2018 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to override the limit on the amount of real property taxes that may be levied by the Village of Pelham pursuant to General Municipal Law §3-c, and to allow the Village of Pelham to adopt a budget for the fiscal year commencing June 1, 2018 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c; 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 January 9, 2018 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. 1 of 2018 of the Village of Pelham which allows the Village of Pelham to adopt a budget for the fiscal year commencing June 1, 2018, that requires a real property tax levy in excess of the tax levy limit as defined by General Municipal Law § 3-c; 2. The Board of Trustees directs the Village Clerk and Village Administrator to prepare said Law for filing with the Secretary of State. Vote Record- Item # 13 - Resolution Adopting Local Law No. 1 of 2018 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c Village of Pelham Board of Trustees Regular Meeting Tuesday, January 9, 2018 Yes/Aye No/Nay Abstain Absent Page 15 Board of Trustees Regular Meeting Tuesday, January 9, 2018 ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☐ ☐ ☐ ☒ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Page 16 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Item # 14 - Authorizing the Acceptance of a Retirement, Separation of Employment and General Release Agreement Mayor Volpe stated Police Chief Joseph Benefico has announced plans to retire effective May 31, 2018. He joined the Police Department 42 years ago and has served as chief for 25 years. Mayor Volpe said Chief Benefico has agreed to continue as a consultant for one year (June 1, 2018- May, 31, 2019) following his retirement. Trustee Kagan, Trustee Potocki, and Mayor Volpe all thanked Police Chief Benefico for his year of service, his dedication to the community, and his friendship. Resolution Authorizing the Acceptance of a Retirement, Separation of Employment and General Release Agreement Whereas, Joseph Benefico (“Benefico”) has been employed by the Village of Pelham (“Village”) since 1976; and Whereas, Benefico has voluntarily decided to retire from his employment with the Village, effective, May 31, 2018; and Whereas, Benefico and the Village have negotiated and reached the terms memorialized in the attached Retirement, Separation of Employment and General Release Agreement. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Mayor to execute a Retirement, Separation of Employment and General Release Agreement with Joseph Benefico attached hereto and made apart hereof. Vote Record- Item # 14-Authorizing the Acceptance of a Retirement, Separation of Employment and General Release Agreement Village of Pelham Board of Trustees Regular Meeting Tuesday, January 9, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Second ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☐ ☐ ☐ ☒ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 17 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Item # 15 - Authorizing Tax Certiorari Settlement and Payment for Pelham 5th II Properties, LLC at 308 Fifth Avenue Mayor Volpe said a tax certiorari settlement authorizes a property owner to petition the court for a relief in the property assessment. Resolution Authorizing Tax Certiorari Settlement and Payment for Pelham 5th II Properties, LLC at 308 Fifth Avenue Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorize the Court Ordered settlement and payment for a refund of Village taxes and reduction in assessment to Pelham 5th II Properties, LLC pursuant to the Court Order and Judgement for the property at the following address for the following amounts: Address: Tax Lot ID #: Assessment Years: Amount: 308 Fifth Avenue 163.28-2-46 2010 $164.80 2011 $ 45.75 2012 $ 52.00 2013 $ 55.25 2014 $227.60 2015 $338.10 2016 $440.00 Total Refund: $1,323.50 Be it further resolved, that the Mayor, Village Administrator/Treasurer and Village Attorney are authorized to take the necessary and appropriate actions to effect this Court Order and refund these Village taxes. Vote Record- Item # 15 – Authorizing Tax Certiorari Settlement and Payment for Pelham 5th II Properties, LLC at 308 Fifth Avenue Village of Pelham Board of Trustees Regular Meeting Tuesday, January 9, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Second ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☐ ☐ ☐ ☒ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Page 18 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Item # 16 - Authorizing Participation in the Mid-Hudson Street Light Consortium Trustee Spira-Cohen stated this resolution is to rectify an administrative glitch, but it is the same document that was passed on November 14th, 2017. Resolution Authorizing Participation in the Mid-Hudson Street Light Consortium Whereas, Article 5-G of the New York State General Municipal Law authorizes municipal corporations to enter into cooperative agreements for the performance or exercise of services, functions, powers or activities on a cooperative or contract basis among themselves or one for the other; and Whereas, Section 119-n of the General Municipal Law defines the term “municipal corporation” for the purposes of Article 5-G as a county outside the city of New York, a city, a town, a village, a board of cooperative educational services, a fire district or a school district; and Whereas, the Village of Pelham is a “municipal corporation” as defined above; and Whereas, this Board wishes for this municipal corporation to become or remain a Participant pursuant to the Municipal Cooperation Agreement For the Mid-Hudson Street Light Consortium (the “Agreement”), among municipal corporations collectively identified as the Mid-Hudson Street Light Consortium (“Consortium”) upon the terms of the Agreement and further wishes to authorize participation as a prospective purchaser of services related to the energy efficiency and follow-on maintenance of municipal street lighting systems, as specified below; and Whereas, it has been determined by this Board that contracts for the conversion of municipal street lighting fixtures to LED technology and for ongoing maintenance and warranty service of municipal street lighting systems require the exercise of specialized and/or technical skills, expertise and knowledge and, therefore, are not subject to the sealed, competitive bidding requirements under General Municipal Law § 103 and may instead be awarded using the Request for Proposals (RFP) process permitted by General Municipal Law § 104-b. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby determines that, as it is in the interests of the Village of Pelham (hereinafter “Participant”) to participate in the Consortium: 1. The Village of Pelham authorizes and directs the Mayor or, in his absence, the Deputy Mayor, to sign the Agreement on Participant’s behalf and further authorizes its officers and employees to execute such other documents and take such other actions as may be necessary or appropriate to carry out the intent of this resolution; and 2. The Participant agrees to participate in the municipal cooperative solicitation of offers/proposals for services related to the energy efficiency conversion and follow-on Page 19 Board of Trustees Regular Meeting Tuesday, January 9, 2018 maintenance and warranty service of municipal street lighting systems pursuant to the Agreement and subject to subsequent approval by this Board. 3. The Participant authorizes the Administrative Participant (as defined in the Agreement) to prepare, advertise, and disseminate an RFP containing appropriate details and bid specifications as the Administrative Participant deems appropriate to solicit proposals from a pool of qualified contractors (hereinafter referred to as “Offerors”) to assist Participants with the energy efficiency conversion of municipal street lighting systems and to provide follow-on warranty and maintenance services, and to open proposals and to select one or more Offerors on behalf of the Participant in accordance with such bid specification, subject to subsequent approval by this Board, on the basis of best value as is determined by the Administrative Participant, or to reject any or all such proposals; and 4. The officers and employees of Participant are authorized to execute such other documents and take such other actions as may be necessary or appropriate to carry out the intent of this resolution. Vote Record- Item # 16 – Authorizing Participation in the Mid-Hudson Street Light Consortium Village of Pelham Board of Trustees Regular Meeting Tuesday, January 9, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Second ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☐ ☐ ☐ ☒ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Page 20 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Item # 17 – Resolution Appointing Interim General Foreman Mayor Volpe stated after General Foreman Michael Shriman announced his retirement, the Board has been discussing his replacement, but Gerald Tew has been serving in a leadership capacity as the Highway Foreman. Mayor Volpe thinks it is prudent to appoint an interim General Foreman, so Village Administrator Gallagher’s appointment will provide the opportunity to restructure the department. Trustee Mullen asked what percent of Mr. Gallagher’s time will towards this new role and how much of it will go to Village Staff? Mayor Volpe said Village Administrator Gallagher and Assistant Village Administrator Scelza work closely together, but some of the work may fall to Assistant Village Administrator Scelza. Trustee Kagan expressed concerns that Mr. Shriman’s absence may leave the DPW staff shorthanded, but Mayor Volpe said he told the DPW staff to relay any staffing concerns to him. Mayor Volpe stated the role of General Foreman has changed dramatically over the years i.e.: composting, LED street lights, and grant funding issues; Mayor Volpe expects Village Administrator Gallagher to:  Observe and report how the department runs  Provide suggestions on how the department should run  Increase the department’s interaction with constituents  Incorporate technology into the department where appropriate  Encourage the department to become more involved in purchasing and in seeking grant funding opportunities Trustee Mullen wants to see a written deliverable on how to structure the department after Village Administrator Gallagher’s appointment is over. Resolution Appointing Interim General Foreman Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of John Gallagher as Interim General Foreman of the Highway Department and Central Garage effective Monday, January 1, 2018 through Wednesday, February 28, 2018 to include a weekly stipend of $500.00 to be paid in conjunction with his regular paycheck. Vote Record- Item #17-Resolution Appointing Interim General Foreman Village of Pelham Board of Trustees Regular Meeting Tuesday, January 9, 2018 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☒ ☐ ☐ ☐ ☒Approved as Trustee Ferrara Motion ☒ ☐ ☐ ☐ Amended Trustee Kagan Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☐ ☐ ☐ ☒ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 21 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Item # 18 – Other Business Traffic Study Mayor Volpe stated he would like to conduct a community-wide traffic study, and Ms. Bourne needs to review the proposal, so far pricing for the traffic study is estimated to be $43,000. Mayor Volpe believes the traffic study will be a useful tool to present to applicants. Trustee Kagan suggested Mayor Volpe reach out to the Mayor of the Village of Pelham Manor to split the costs of the traffic study because children from both communities use the same intersections near the schools (Lincoln, Pelhamdale, and Colonial). Mayor Volpe said he will be table this until the next Board of Trustees meeting on Tuesday, January 23rd . Pelham Preservation and Garden Society Trustee Ferrara said she will follow up with the Pelham Preservation and Garden Society to get a dollar value assigned to the donation. Mayor Volpe said the Board is committed, so they are going to vote yes. Page 22 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Recurring Items Item # 19 - Authorizing the Accounts Payable Trustee Potocki audited the Accounts Payable. A brief discussion took place on vouchers #9792, #9833,# 9834, #9835, #9836, and #9768. Trustee Potocki after reviewing #9768 (Sinkhole-Colonial & Monterey Ave) suggested the Board explore getting a retainer for pre-fixed vendors with itemized pricing for emergency repairs. Village Administrator Gallagher stated they are working with Anthony Oliveri (Dolph Rotfeld) on a schematic of the different kind of issues that could arise over a year, so a standing contract can be drafted and then put out to bid. 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 of the Village of Pelham 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 $314,854.45 Capital Projects Fund $14,036.65 Trust and Agency Fund $7,765.00 TE Private Purpose Trust Fund $0.00 Grand Total $336,656.10 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Vote Record- Item # 19 – Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, January 9, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Second ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☐ ☐ ☐ ☒ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 23 Board of Trustees Regular Meeting Tuesday, January 9, 2018 Item # 20 – Authorizing the Minutes of: November 14, 2017, November 28, 2017 and December 12, 2017 Vote Record- Item # 20 – Authorizing the Minutes of: November 14, 2017, November 28, 2017 and December 12, 2017 Village of Pelham Board of Trustees Regular Meeting Tuesday, January 9, 2018 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☒ ☐ ☐ ☐ ☒Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☐ ☐ ☐ ☒ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Item # 21 – Adjournment to Executive Session (if needed) The public portion of the Board meeting was adjourned at 9:54pm to enter into Executive Session to discuss hiring issues, personnel issues, and a potential litigation claim involving an employee, after which time the Board would adjourn for the evening. Vote Record- Item # 21 – Close the Public Portion of the Meeting/Adjournment to Executive Session (if needed) Village of Pelham Board of Trustees Regular Meeting Tuesday, January 9, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☐ ☐ ☐ ☒ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Page 24