Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, APRIL 10, 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. Public Hearing on the Fiscal Year 2018-19 Tentative Budget 9. Discussion on Proposed Changes to the Filming Code 10. Resolution Authorizing Contribution of $2,000 to the American Legion, Pelham Post 50, for the 2018 Memorial Day Parade 11. Resolution Authorizing the Police Lieutenant to Attend the Mid-Atlantic Law Enforcement Executive Development Seminar 12. Discussion on Online Payment Tax Billing System for Village Tax Payments 13. Resolution Authorizing the Appointment of a Part Time Administrative Intern in the Village of Pelham Police Department 14. Other Business Recurring Items 15. Authorizing Accounts Payable 16. Authorizing the Minutes of: February 27, 2018 and March 13, 2018 17. Adjournment to Executive Session (if needed) Next Regularly Scheduled BOT Meetings: Tuesday, April 24, 2018 (Note: Fiscal Year 2018-19 Budget Adoption) All meetings start at 7:30 p.m. unless otherwise noted. *The Agenda is subject to change.* Board of Trustees Regular Meeting Tuesday, April 10, 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: Attendee Name Present Absent Late Mayor Volpe ☒ ☐ ☐ Trustee Ferrara ☒ ☐ ☐ Trustee Kagan ☒ ☐ ☐ Trustee Kamal Eldahry ☒ ☐ ☐ Trustee Mullen ☒ ☐ ☐ Trustee Potocki ☒ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☒ Village Administrator Gallagher ☒ ☐ ☐ Assistant Village Administrator Scelza ☒ ☐ ☐ Village Attorney Smith ☒ ☐ ☐ Administrative Intern Fernandez ☒ ☐ ☐ Mayor’s Report: Mayor Volpe announced the street paving project has begun, and parts of Boulevard were paved and relined along with the area near the Metro North train station. There are still working on curbing issues and making the cross walks ADA compliant. Mayor Volpe reported First Avenue will be paved soon, and the CHIPS funded paving will begin in a couple of months. Mayor Volpe reported the leaf collection will continue until April 30th, and he advises residents to be mindful of where they place leaf piles. Mayor Volpe reported there has been a delay in the East Third Street bridge replacement project, so hopefully it will be completed by next winter. Trustees’ Report: Trustee Ferrara welcomed newly elected Trustee Kamal Eldahry and congratulated Trustee Kagan and Trustee Potocki on their reelection. ******** Trustee Kagan announced the Pelham Little League Parade will start at 9:00 am on Saturday, April 14th, so there will be street closures between Lincoln Avenue and Colonial Avenue. Trustee Kagan reported Senator Klein and Assemblywoman Paulin are against section 13E of the governor’s budget amendment, and the proposal did not pass, so it is not a part of the state budget. Page 2 Board of Trustees Regular Meeting Tuesday, April 10, 2018 Trustee Kagan reported the Building Inspector, Joseph Senerchia, responded to Extenet’s building permit application noting the deficiencies in their application. ******** Trustee Kamal Eldahry had nothing to report. ******** Trustee Mullen had nothing to report. ******** Trustee Potocki had nothing to report. ******** Trustee Spira-Cohen reported the Solarize campaign is doing well, and the installer has received several inquiries from interested parties. Mayor Volpe suggested that Trustee Ferrara and Trustee Spira-Cohen arrange a meeting with the Pelham Chamber of Commerce and the Pelham Business Council to discuss a variety of topics, such as the development surge and the Solarize campaigns. Trustee Spira-Cohen stated she is working with Assistant Village Administrator Scelza to get quotes for LED street lights from other communities or potentially piggyback off other contracts. Village Administrator’s Report: Village Administrator Gallagher had nothing to report. Item # 7 – Public Comments Susan Mutti, 4784 Boston Post Road, Pelham Manor, believes Eagle Scout Candidate Woods Johnson should present his proposal before the Village Board of Trustees because it is important for the community to understand the scope of the project and to give their comments; Mayor Volpe stated Mr. Johnson has already presented his project before the Board. Mayor Volpe revealed he has written a letter approving the project, and Elk Homes has graciously agreed to remove and grade the dirt at no expense. Ms. Mutti asked if there is an RFP available for fencing the Highbrook Highline project, and Village Administrator Gallagher disclosed it will be ready soon, and that the Village has received proposals for fencing independent of an RFP. Ms. Mutti stated she has written and submitted grants to Assemblywoman Paulin in furtherance of the fencing, but Village Hall did not follow up. Ms. Mutti believes it is important for fencing to be installed, so the eagle scouts can access the site, and because it is an open ended liability for the Village. Page 3 Board of Trustees Regular Meeting Tuesday, April 10, 2018 Mayor Volpe stated the Board decided not to install the fencing until the clearing and the topography work has been completed to see if any areas of the soil need to be backfilled or graded. Mayor Volpe stated previous Boards agreed to not use public funds for the improvement of the Highbrook Highline project, so there is no money in the budget for the fencing, but this Board is committed to pay for the fence in hopes of getting reimbursed. Ms. Mutti stressed that the RFP needs to be prepared and publicized because too much time has passed, and the Village needs to get access to grant funds for the community. Roger Wines, 31 Linden Avenue, supports the idea the Board moving forward with the Highbrook Highline project because it is a wonderful piece of property that has gone unused for several decades. Mr. Wines said it is going to take a lot of work to complete the project, but it will be worth it. Page 4 Board of Trustees Regular Meeting Tuesday, April 10, 2018 Non-Recurring Items Item # 8 – Public Hearing on the Fiscal Year 2018-19 Tentative Budget The public hearing was opened after a motion by Trustee Kagan and seconded by Trustee Mullen, vote 7-0. Mayor Volpe stated the Board reviewed the Fiscal Year 2018-19 Tentative Budget at the budget work session on Thursday, March 29th, and Assistant Village Administrator Scelza stated tax levy currently stands at 2.04%, and Mayor Volpe stated the Board could go to 2.48% and be tax cap compliant. At the 2.04% rate, $250,000 of the general fund balance will be used, and the Village would be under the tax cap by $47, 614. Maggie Klein, Pelham Plus, asked how did the Board go from 6.6 % to 2.04%, and Mayor Volpe said through a series of budget work sessions, the Board reexamined some of the fees like building and parking, and restructured the Village’s debt service. Trustee Potocki stated the Police Department’s budget needs to be adjusted due to Chief Benefico’s retirement, so the Village anticipates a restructuring of the department, and potential savings due to the restructuring of the department. Mayor Volpe stated as per the Police Benevolent Association arbitration agreement, the Police department was granted wage increases, and the Village has factored this settlement into the budget. Trustee Kagan stated the Board needs to meet again to discuss the whether they are going to vote to use more of the fund balance and go below the cap or go closer to the allowable tax cap and use less fund balance. The next budget work session is scheduled for Wednesday, April 18th at 7:30pm, and the Board will discuss the budget, future chief of police salary, and a potential new police recruit. The public hearing was opened after a motion by Trustee Mullen and seconded by Trustee Potocki, vote 7-0. Page 5 Board of Trustees Regular Meeting Tuesday, April 10, 2018 Item # 9 – Discussion on Proposed Changes to the Filming Code Trustee Mullen reported there has been an increase in films, television shows, commercials, and digital content being filmed in Westchester County. Trustee Mullen stated there are economic benefits to film activity especially for local businesses in Westchester communities and revenue for local governments. In 2016, Westchester County generated 30 million dollars in revenue from film activity and 1.2 million dollars of that revenue was in permit fees for local governments, so benefits are being felt by large and small communities in Westchester County. Trustee Mullen believes the Village of Pelham is missing out on this source of revenue and the cultural benefits from film activity, so he has been working with the Village Clerk, Terri Rouke, Pelham Police Lieutenant, Jason Pallett, Village Attorney Ed Smith, and Trustee Kagan to review internal processes and to ensure filming in Pelham is a “frictionless” environment. The goals of Trustee Mullen’s assessment are to identify any issues in the Village Code and Village practices that need to be addressed and to determine if the Village can manage an increase in film activity, and to avoid exacerbating existing issues. Trustee Mullen identified five issues in his assessment: 1. Village Code: currently requires a permit if filming is taking place on private property and incurring a fee for it, but not public property, so he recommends changing the Code to regulate all film activity both public and private with exceptions to filming that would not impact Village life (i.e. hand held devices). 2. Village Code: currently requires the homeowner to get a filming permit not the production team, but it is common practice for the production team to be the permittee, so he recommends moving forward with this practice. 3. Filming Permits and Related Fees: it needs to align with filming impact, so it should be based on size of the crew, implementing maintenance fees for the use of Village owned facilities, parking fees, a security deposit, and a fee for expedited permits. 4. Protection for residents: a. Add a revision to the Village Code that will implement a notification requirement for residents and businesses that may be affected by film production. b. Give the Village Administrator the authority to institute a moratorium on film activity within any given area that has been oversaturated with film activity in a 6 month period “Hot Zone”. 5. Administrative Changes: a. empowering Village Staff with the power to direct the time and place for a permit and the ability to revoke it. b. Revamping the application process, so it is available online. Janine Yorio, 257 Loring Avenue, spoke in opposition to the proposed changes to the filming code because it would create an additional burden for individuals who film on their property as a source of additional income, and it will drive business into neighboring communities. Ms. Yorio stated film production crews on her property work during regular business hours and serve as a temporary obstruction. Page 6 Board of Trustees Regular Meeting Tuesday, April 10, 2018 Trustee Spira-Cohen spoke in favor of the proposed changes to the film code, especially the notification requirement, and Trustee Kagan also expressed his support in stating that the Village would be adopting best practices such as the notification requirement and the hot zone moratorium. Ms. Yorio asked where the money generated from the filming permit fees would go, and Trustee Kagan said it would go to a revenue line in the budget to reduce the property tax burden. Ms. Yorio believes this code revision will affect her secondary source of income and discourage filming in Pelham, but Trustee Kagan said the intent is to streamline the filming process. Trustee Mullen revealed the filming permits and related fees are still less than the City of Mount Vernon and the City of New Rochelle. Mayor Volpe said he will give Trustee Mullen his edits, but he has concerns about the discretion given to the Village Administrator. Page 7 Board of Trustees Regular Meeting Tuesday, April 10, 2018 Item # 10 – Authorizing Contribution of $2,000 to the American Legion, Pelham Post 50, for the 2018 Memorial Day Parade Resolution Authorizing Contribution of $2,000 to the American Legion, Pelham Post 50, for the 2018 Memorial Day Parade Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the funding of two thousand dollars ($2,000) to be attributed towards the American Legion Post 50 2018 Pelham Memorial Day Parade; and Be it further resolved, the contribution will be charged to General Fund Account # A.1010.415; 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 # 10 – Resolution Authorizing Contribution of $2,000 to the American Legion, Pelham Post 50, for the 2018 Memorial Day Parade Village of Pelham Board of Trustees Regular Meeting Tuesday, April 10, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Second ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 8 Board of Trustees Regular Meeting Tuesday, April 10, 2018 Item # 11 – Authorizing the Police Lieutenant to Attend the Mid-Atlantic Law Enforcement Executive Development Seminar Resolution Authorizing the Police Lieutenant to Attend the Mid-Atlantic Law Enforcement Executive Development Seminar Whereas, the Mid-Atlantic Law Enforcement Executive Development Seminar hosts its annual training conference at Princeton University each year since 1993. This unique educational opportunity is designed to provide leadership training for police chiefs and law enforcement executives who lead agencies with 75 sworn police officers or fewer. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes Police Lieutenant Jason Pallett to attend the Mid-Atlantic Law Enforcement Executive Development Seminar in Princeton, NJ on behalf of the Village of Pelham from Sunday, June 10, 2018 to Friday, June 15, 2018, cost of said seminar including travel, hotel and registration fees will be charged to General Fund Account # A.3120.417.1. Vote Record- Item # 11 – Resolution Authorizing the Police Lieutenant to Attend the Mid-Atlantic Law Enforcement Executive Development Seminar Village of Pelham Board of Trustees Regular Meeting Tuesday, April 10, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 9 Board of Trustees Regular Meeting Tuesday, April 10, 2018 Item # 12 – Discussion on Online Payment Tax Billing System for Village Tax Payments Trustee Mullen reported residents can pay their Town of Pelham and School Board taxes online, so he would like to add the Village taxes to the online tax billing system. Mayor Volpe said he will reach out to Michele Casandra, the Town Assessor, for more information on this matter. Page 10 Board of Trustees Regular Meeting Tuesday, April 10, 2018 Item # 13 – Authorizing the Appointment of a Part Time Administrative Intern in the Village of Pelham Police Department Resolution Authorizing the Appointment of a Part Time Administrative Intern in the Village of Pelham Police Department Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Olga Barajas, New Rochelle, New York, effective Monday, April 16, 2018, at an hourly rate of $15.00 to the position of Administrative Intern for no more than one (1) year, subject to the requirements of Westchester Civil Service; and Be it further resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor and Village Administrator to take the necessary and appropriate actions to effect this appointment. Vote Record- Item # 13 – Resolution Authorizing the Appointment of a Part Time Administrative Intern in the Village of Pelham Police Department Village of Pelham Board of Trustees Regular Meeting Tuesday, April 10, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Motion ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Page 11 Board of Trustees Regular Meeting Tuesday, April 10, 2018 Item # 14 – Other Business Elections Trustee Kamal Eldahry proposed moving Village elections from March to November. Trustee Kamal Eldahry said there are benefits to holding the elections in November, such as higher vote turn out and less confusion. Trustee Kamal Eldahry would like to discuss this matter further at the next Board of Trustees meeting, and invite a representative from the Town of Greenburgh knowledgeable about the election process. Trustee Kagan believes the referendum question would need to be scheduled by July to appear on the November ballot. RFP for the Redevelopment of Municipal Facilities Mayor Volpe stated they received an RFP from JMF properties, and the proposed drawings would relocate the Fire department, the Police Department, and Village Hall to one centralized location. The proposal would develop municipal parking lot 2/open lot 2 to a mixed use commercial residential building. Mayor Volpe stated he met with RXR realty, Elk Homes, and other interested parties regarding the RFP. Mayor Volpe said the deadline for the RFP submissions has been extended. SAB Selection Committee Trustee Spira-Cohen said she has received submissions for the Sustainability Advisory Board (SAB), and she would like to interview potential candidates. Mayor Volpe suggested Trustee Spira-Cohen, Trustee Kamal Eldahry, and Trustee Ferrara interview the potential candidates for the Board to vote on later. Page 12 Board of Trustees Regular Meeting Tuesday, April 10, 2018 Recurring Items Item # 15 - Authorizing the Accounts Payable Trustee Potocki audited the Accounts Payable. A brief discussion took place over vouchers #10109 and #10219. 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 $190,791.71 Capital Projects Fund $46,023.36 Trust and Agency Fund $70.00 TE Private Purpose Trust Fund $0.00 Grand Total $236,885.07 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Vote Record- Item # 15 – Resolution Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, April 10, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 13 Board of Trustees Regular Meeting Tuesday, April 10, 2018 Item # 16 – Authorizing the Minutes of March 27, 2018 and April 2, 2018 Vote Record- Item # 16 – Authorizing the Minutes of March 27, 2018 Village of Pelham Board of Trustees Regular Meeting Tuesday, April 10, 2018 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☒ ☐ ☐ ☐ ☒Approved as Trustee Ferrara Second ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☐ ☐ ☒ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☒ ☐ Vote Record - Item # 16 – Authorizing the Minutes of April 2, 2018 Village of Pelham Board of Trustees Regular Meeting Tuesday, April 10, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Second ☐ ☐ ☒ ☐ Item # 17 – Adjournment to Executive Session (if needed) Vote Record- Item # 17 – Adjournment to Executive Session (if needed) Village of Pelham Board of Trustees Regular Meeting Tuesday, April 10, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ The public portion of the Board meeting was adjourned at 9:06 pm. Respectfully Submitted, Yari Fernandez Administrative Intern Page 14