Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, FEBRUARY 27, 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 Additional Budget Work Session Dates 9. Discussion Regarding 101 Wolfs Lane Proposed Development and Recently Received Information Pertaining to Same 10. Resolution Authorizing Tax Certiorari Settlement and Payment for St. Catherine’s Church at 32 First Avenue 11. Resolution Authorizing an Amendment to an Inter-Municipal Agreement between the County of Westchester and the Village of Pelham for the Snow and Ice Reimbursement Program for the Removal of Snow and Ice on Westchester County Roads Located in the Village of Pelham 12. Resolution Authorizing the Use of Funds for the 2018 New York Power Authority Fall Tree Planting Program from the Thomas Fenlon Memorial Street Tree Fund 13. Other Business Recurring Items 14. Authorizing Accounts Payable 15. Authorizing the Minutes of: February 12, 2018 16. Adjournment to Executive Session (if needed) Next Regularly Scheduled BOT Meetings: Tuesday, March 13, 2018 Tuesday, March 27, 2018 All meetings start at 7:30 p.m. unless otherwise noted. *The Agenda is subject to change.* Board of Trustees Regular Meeting Tuesday, February 27, 2018 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Volpe at 7:35 pm. Item # 2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Volpe. Item # 3 – Roll Call: Attendee Name Present Absent Late Mayor Volpe ☒ ☐ ☐ Trustee Ferrara ☐ ☒ ☐ Trustee Kagan ☒ ☐ ☐ Trustee Mullen ☒ ☐ ☐ Trustee Potocki ☒ ☐ ☐ Trustee Reinke ☒ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ Village Administrator Gallagher ☒ ☐ ☐ Assistant Village Administrator Scelza ☒ ☐ ☐ Village Attorney Smith ☒ ☐ ☐ Administrative Intern Fernandez ☒ ☐ ☐ Mayor’s Report: Presentation Kimberly Rosell, a member of Pelham Girl Scout troop 1662, is working toward earning the Girl Scouts highest award – the Gold Award. Her project titled “Empathy Towards All” aims to increase awareness of and appreciation for local police officers, to raise $14,000 in order to purchase a License Plate Reader, and to create a reflective documentary on police officers and their jobs. She is hosting a neighborhood safety workshop at the Daronco Townhouse on Friday, March 2nd from 5:00pm to 6:30pm, and she is also hosting a fundraising volleyball tournament on Saturday, March 24th. Ms. Rosell can be reached at empathytowardsall@gmail.com for additional information on upcoming events and donations. Mayor Volpe reported earlier this evening he met with Eagle Scout Candidate Michael Ruggiero to discuss signage for the Highbrook Highline, and Mayor Volpe is pleased to report it will be installed next month as part of the first phase of the project. Mayor Volpe thanks candidate Ruggiero for his continued interest in the community. Mayor Volpe announced the Pelham Picture House will be hosting an Oscar pre-party, Hollywood style on Friday, March 2 from 7:00 p.m. to midnight at the Glen Island Harbour Club in New Rochelle for Marquee Night. Marquee Night will honor John Calvelli for his community based work, so Mayor Volpe encouraged residents to attend the event. Page 2 Board of Trustees Regular Meeting Tuesday, February 27, 2018 Mayor Volpe reported he has received emails and letters about continued gun violence in schools, and Mayor Volpe stated the Board will meet offline to discuss whether the Board will support efforts towards gun control. Mayor Volpe reported he is an advocate for gun control measures, and this issue needs to be addressed from both sides of the political aisle. Mayor Volpe reported the Building Department recently sent out “Grease” notices to business owners to inform them of their duty to properly service their grease traps. Mayor Volpe reported the Hutchinson River Parkway, specifically, exits 6-12 will be closed this weekend, from Friday, March 2nd around 11pm through Monday, March 5th until 5 am. Mayor Volpe reported he will attending a development meeting in Mount Vernon tomorrow, so he will report back the details of the meeting. Trustees’ Report: Trustee Ferrara was absent. ******** Trustee Kagan reported Westchester Power recently sent out a notice instructing residents to check their Con Edison bills because Con Edison has incorrectly billed approximately 120 residents through Con Edison solutions instead of Constellation Energy services. The Village of Pelham participates in the Community Choice Aggregation program managed through Westchester Power, so if your energy provider is not Constellation energy services in your bill, please contact Westchester Power at 914- 242-4725 or visit their site westchesterpower.org. ******** Trustee Mullen thanked Fire Chief DiNapoli for coordinating with Empress EMS to have a dedicated ambulance in the Village during the Hutchinson river Parkway closures. Trustee Mullen commended Lieutenant De Simone and Firefighter Bellantoni for their work on Friday, February 23rd in administering the narcan treatment to a young woman who was suffering from a drug overdose; the young woman regained consciousness and was transferred to a hospital for medical care. ******** Trustee Potocki reported the infrastructure RFP for emergency repairs is well under way, so it will be released sometime in May. Trustee Potocki reported he met with Anthony Oliveri (Dolph Rotfeld), Village Administrator Gallagher, and Assistant Village Administrator Scelza to discuss the drawings/redesigns for 4th Avenue and 3rd Street flood remediation project, but discrepancies in the pipe connections persist, and addressing them would be prohibitively expensive. Mr. Oliveri suggested the pipe should exit into the Hutchinson River parkway or that the 3rd Street bridge construction and the new flood plain being Page 3 Board of Trustees Regular Meeting Tuesday, February 27, 2018 building along the Hutchinson River parkway impedes the Village’s ability to exit onto 3rd street, so the Village can request an extension on the FEMA and EPA grant. ******** Trustee Reinke gave a special mention to Violet Masie-Vereker, a PMHS junior who led a group of students and parents in a march outside the high school, and a photo of Ms. Vereker and her hash tag #MeNext? was picked up by several media outlets such as News 12, BBC News, People.com, and Facebook shares. ******** Trustee Spira-Cohen thanked the Friends of the Highbrook Highline for the tour of the Highbrook highline over the weekend. Trustee Spira-Cohen reported that effective March 1st, the Village of Pelham will be increasing their recycling to weekly, so a notice will going out tomorrow to announce the service changes along with the new sanitation schedule. Trustee Spira-Cohen reported the Solarize campaign has begun, and for additional information you can visit the website at solarizewestchester.com/Pelham or email solarizepelham@gmail.com. The Solarize launch event will take place on Wednesday, March 7th at the Daronco townhouse. Village Administrator’s Report: The Village Administrator had nothing to report. Item # 7 – Public Comments There were no public comments. Page 4 Board of Trustees Regular Meeting Tuesday, February 27, 2018 Non-Recurring Items Item # 8 – Discussion on Additional Budget Work Session Dates Mayor Volpe stated there have budget work sessions for the Police Department, Fire Department, the Department of Public Works, and the Building Department, so next step will be for the Mayor to meet with Village Administrator Gallagher and Assistant Village Administrator Scelza to finalize the budget. Mayor Volpe will then update the Board at the Board of Trustees meeting on Tuesday, March 13th on the outcome of that meeting. Mayor Volpe reported at the end of March there will be several budget transfers out of the fund balance to account for the infrastructure problems of the Village (municipal parking lot 1, municipal parking lot 2, and the sinkhole on Colonial Avenue). Page 5 Board of Trustees Regular Meeting Tuesday, February 27, 2018 Item # 9 – Discussion Regarding 101 Wolfs Lane Proposed Development and Recently Received Information Pertaining to Same Seth Mandelbaum Esq, from McCullough, Goldberger & Staudt, LLP, representing Matriarch Development, Mara Kravitz, from MatriArch Development, and Michael Tribe, from Peter Gisolfi Associates were in attendance to discuss the next step in the approval process for the proposed transit oriented development 101 Wolfs Lane. Mr. Mandelbaum hopes the Board will find the application complete enough to refer them to Westchester County and the land use boards. Trustee Kagan inquired about the parking waiver, and Michael Tribe revealed to Trustee Kagan that the new plans eliminate the need for a parking waiver the applicant previously requested in their initial plans. Michael Tribe stated the parking issue has been resolved, and they are complaint with the: • ADA parking spaces • Commercial and retail parking requirements • Distribution of parking spaces/restriping Mr. Mandelbaum stated based on the real estate appraisal report, prepared by Bob Sterling, MAI of Sterling Appraisals, the value of the driveway easement and the pedestrian walkway easement increases the value of Municipal Lot #7 by $156,000, due to the reduction in the walk from the Village parking lot to the train station from approximately 1200 feet to 450 feet, and the improved aesthetics of the lot, but Mayor Volpe did not agree with this assessment. Mayor Volpe asked if any parking in municipal lot 7 would be compromised during the construction phase, and Mr. Tribe stated the construction manager would address that issue in his or her construction plan, but developer has not hired one yet. Mayor Volpe stated this property is unique in many ways because it is contiguous to municipal property, metro north property, and close to the Village main street; Mr. Tribe assured Mayor Volpe that projects can be contained on the site, but the parking lot may be compromised. Mayor Volpe stated at some point they will have to revisit the issue of the compromised parking spaces in Municipal Lot 7. Trustee Kagan advised the developers to take measures towards rodent remediation prior the construction because of the site’s proximity to homes and businesses. Trustee Potocki expressed some concerns about the aesthetics of the development because the developer has yet to give any details on interior materials for the residential units, and Trustee Mullen asked questions about the developer’s ability to complete the project as planned Trustee Kagan asked Mr. Mandelbaum if the Village is required to provide his client an easement. Mr. Mandelbaum responded the Village was not required to issue an easement. Trustee Kagan asked Mr. Mandelbaum again for his interpretation of §98-106.3E(3) of the Business District Floating Zone, because there is a provision that states the Board may require suitable pedestrian access through the lot since they are accessing across a lot contiguous to a lot proposed to be developed. Trustee Kagan was also confused about the increased value of the municipal lot of $156,000 for an easement that the Board can require anyways under the BDFZ. Trustee Kagan stated that in his view, under Page 6 Board of Trustees Regular Meeting Tuesday, February 27, 2018 Village Code § 79-5 the application is substantially complete, but the easement issue is still outstanding. Mayor Volpe informed Mr. Mandelbaum that under the BDFZ, land use boards have 60 days from referral to make a determination. The Board of Trustees referred the site plan proposal for 101 Wolfs Lane to the Planning Board and Architectural Review Board, the next significant step in the approval process. The two boards have 60 days to review the plan and report their recommendations to the Board, which will have the final vote on the project after one or more public hearings. The Board set conditions for the referral: • Remove debris and any rodents, • New fencing to be erected, • Resolve the outstanding easement issues in regards to the valuation, • Replenish the retainer to $35,000, but it cannot go below 20,000, • Ms. Bourne has to be present at all meetings, • The Village will continue to use Mr. Spolzino’s services, • Discuss the project’s potential impact to the schools, and the developer has already scheduled meetings with the Board of Education, • And set a preliminary plan for construction and provide the Village will sufficient notice to relocate the 53 cars from municipal lot 7. Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA), the General Municipal Law, the Westchester County Administrative Code and the Code of the Village of Pelham Regarding the Application of MatriArch Development Be it resolved, by the Board of Trustees of the Village of Pelham as follows: 1. The proposed action is the consideration of a permit and site plan approval pursuant to Village Code § 98-106.3 allowing the construction of a 5-story, 122,060 square-foot mixed-use development with 58 rental units, 4,370 square feet of ground floor space, 3,000 square feet of office space and 71 structured parking spaces located at 101 Wolfs Lane. 2. The Board of Trustees has reviewed and considered the Expanded Environmental Assessment Form submitted by the applicant. 3. The Board of Trustees 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) there are no other involved agencies. Page 7 Board of Trustees Regular Meeting Tuesday, February 27, 2018 4. The Board of Trustees determines that because there are no other involved agencies, it will be the lead agency for purposes of SEQRA review, in accordance with 6 NYCRR § 617.6 (b). 5. The Board of Trustees determines that General Municipal Law § 239-n and Westchester County Administrative Code § 277.61 require that the proposed action be referred to the Westchester County Planning Board and the Westchester Department of Health for review and comment and directs the Village Clerk to make that referral, and any necessary referral to the City of Mount Vernon. 6. The Board of Trustees determines that the Code of the Village of Pelham § 98-106.3 (c) require that the proposed action be referred to the Village of Pelham Planning Board and the Architectural Review Board and directs the Village Clerk to make that referral. Vote Record - Item # 9 – Proposed Consideration of a Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA), the General Municipal Law, the Westchester County Administrative Code and the Code of the Village of Pelham Regarding the Application of MatriArch Development Village of Pelham Board of Trustees Regular Meeting Tuesday, February 27, 2018 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☒ ☐ ☐ ☐ ☒Approved as Trustee Ferrara ☐ ☐ ☐ ☒ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 8 Board of Trustees Regular Meeting Tuesday, February 27, 2018 Item # 10 - Authorizing Tax Certiorari Settlement and Payment for St. Catherine’s Church at 32 First Avenue Resolution Authorizing Tax Certiorari Settlement and Payment for St. Catherine’s Church at 32 First 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 St. Catherine’s Church pursuant to the Court Order and Judgement for the property at the following address for the following amount: Address: Tax Lot ID #: Assessment Year: Amount: 32 First Avenue 163.35-1-12 2014 $846.30 Total Refund: $846.30 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 # 10 – Resolution Authorizing Tax Certiorari Settlement and Payment for St. Catherine’s Church at 32 First Avenue Village of Pelham Board of Trustees Regular Meeting Tuesday, February 27, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☐ ☐ ☐ ☒ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☒ ☐ ☐ ☐ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Page 9 Board of Trustees Regular Meeting Tuesday, February 27, 2018 Item # 11 - Authorizing an Amendment to an Inter-Municipal Agreement between the County of Westchester and the Village of Pelham for the Snow and Ice Reimbursement Program for the Removal of Snow and Ice on Westchester County Roads Located in the Village of Pelham Resolution Authorizing an Amendment to an Inter-Municipal Agreement between the County of Westchester and the Village of Pelham for the Snow and Ice Reimbursement Program for the Removal of Snow and Ice on Westchester County Roads Located in the Village of Pelham Whereas, via resolution dated January 5, 2016, the Village Board of Trustees authorized the Village Administrator to execute the Snow and Ice Inter-Municipal Agreement with the County of Westchester (“County”) for reimbursement for the removal of snow and ice from County Roads commencing October 1, 2015 through September 30, 2020 (copy attached); and Whereas, the Village of Pelham (“Village”) has received an amendment to this contract reflecting clarification concerning the Scope of Services, an increase in the rates paid to the Village for Services and that termination for convenience should be mutual between the Village and County. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Administrator to execute the attached amended Inter-Municipal Agreement between the Village of Pelham and the County of Westchester for snow and ice removal services for the period of October 1, 2015 to September 30, 2020 on County-owned roads located in the Village of Pelham. Vote Record - Item # 11 – Resolution Authorizing an Amendment to an Inter-Municipal Agreement between the County of Westchester and the Village of Pelham for the Snow and Ice Reimbursement Program for the Removal of Snow and Ice on Westchester County Roads Located in the Village of Pelham Village of Pelham Board of Trustees Regular Meeting Tuesday, February 27, 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 Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 10 Board of Trustees Regular Meeting Tuesday, February 27, 2018 Item # 12 – Authorizing the Use of Funds for the 2018 New York Power Authority Fall Tree Planting Program from the Thomas Fenlon Memorial Street Tree Fund Mayor Volpe stated Village Hall has copies of Thomas Fenlon’s book, Pelham, New York: Memories of A Century After Incorporation, for $10. Resolution Authorizing the Use of Funds for the 2018 New York Power Authority Fall Tree Planting Program from the Thomas Fenlon Memorial Street Tree Fund Whereas, the Village of Pelham orders trees from the New York Power Authority two-for-one tree plan in which the Village can receive two trees for everyone it purchases for the amount of $873.96. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes that payment of $873.96 to the New York Power Authority from a special trust account bequeathed to the Village of Pelham by Thomas B. Fenlon and known as the Thomas B. Fenlon Memorial Street Tree Fund Account # TE.0923 for the purchase of these trees; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effect this resolution. Vote Record - Item # 12 – Resolution Authorizing the Use of Funds for the 2019 New York Power Authority Fall Tree Planting Program from the Thomas Fenlon Memorial Street Tree Fund Village of Pelham Board of Trustees Regular Meeting Tuesday, February 27, 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 11 Board of Trustees Regular Meeting Tuesday, February 27, 2018 Item # 13 – Other Business Request for Proposals for the Redevelopment of Municipal Facilities Mayor Volpe stated the Board drafted an RFP to call for public-private partnership to redevelop several Village owned properties, so the deadline has been moved from Monday, March 12th to Monday, April 9th. ReCollect Trustee Mullen stated ReCollect is a tool for waste management communications that the Board should consider integrating in the mobile application and the website. Trustee Mullen stated other municipalities in Westchester County have been using ReCollect, and it is a wonderful software tool that will make it easier for Village Hall to communicate changes in collection schedules, proper disposal methods, and decrease call volume. Mayor Volpe instructed Village Staff and Village Administrator Gallagher to schedule a demonstration during the next Board of Trustees meeting, and to get feedback from the Westchester municipalities. MyVOP Trustee Mullen stated the mobile application preview is available for the Board’s comment and review. Trustee Mullen has prepared an alternative plan to reorganize the Waste Collection menu item, if the Board declines ReCollect’s communication services. Page 12 Board of Trustees Regular Meeting Tuesday, February 27, 2018 Recurring Items Item # 14 - Authorizing the Accounts Payable Trustee Ferrara audited the Accounts Payable. Resolution Authorizing the Accounts Payable Whereas, pursuant to § 5-524 of the New York State Village Law, the Board of Trustees shall audit all claims against the Village. Now, therefore, be it resolved, that the Board of Trustees 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 $52,274.06 Capital Projects Fund $49,870.17 Trust and Agency Fund $3,795.00 TE Private Purpose Trust Fund $560.00 Grand Total $106,499.23 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Vote Record- Item # 14 – Resolution Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, February 27, 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 Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 13 Board of Trustees Regular Meeting Tuesday, February 27, 2018 Item # 15 – Authorizing the Minutes of February 12, 2018 Vote Record - Item # 15 – Authorizing the Minutes of February 12, 2018 Village of Pelham Board of Trustees Regular Meeting Tuesday, February 27, 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 Second ☒ ☐ ☐ ☐ Item # 16 – Adjournment to Executive Session (if needed) Vote Record- Item # 16 – Adjournment to Executive Session (if needed) Village of Pelham Board of Trustees Regular Meeting Tuesday, February 27, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☐ ☐ ☐ ☒ Amended Trustee Kagan Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ The public portion of the Board meeting was adjourned at 9:31 pm to enter into Executive Session to discuss a personnel matter, after which time the Board would adjourn for the evening. Respectfully submitted, Yari Fernandez Administrative Intern Page 14