Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MONDAY, MAY 7, 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. Resolution Appointing Police Chief 9. Resolution Appointing Zoning Board of Appeals Member 10. Resolution Accepting Resignation of Village Administrator/Treasurer 11. Resolution Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, and Excess Liability for the Period of June 1, 2018 through May 31, 2019 12. Resolution Authorizing the Award of Workers’ Compensation Insurance Coverage for the Period of June 1, 2018 through May 31, 2019 13. Building Permit # 4704 Appeal by Elk Home Partners III LP at 299 Wolfs Lane 14. Public Hearing on Local Law No. 4 of 2018 to Repeal Local Law No. 1 of 2018 and to Repeal the Override of the Tax Levy Limit Established in General Municipal Law §3-c 15. Resolution Adopting Local Law No. 4 of 2018 to Repeal Local Law No. 1 of 2018 and to Repeal the Override of the Tax Levy Limit Established in General Municipal Law §3-c 16. Public Discussion and Consideration of the Village of Pelham’s MS-4 Report Under the Environmental Protection Agency Phase II Stormwater Management Guidelines, and Authorizing the Submission to the New York State Department of Environmental Conservation for Consideration of Renewal of the Village’s State Pollutant Discharge and Elimination System Permit 17. Discussion on Proposed Changes to the Filming Code 18. Discussion on Request to Bury Overhead Wires along Wolfs Lane 19. Other Business Recurring Items 20. Authorizing Accounts Payable 21. Authorizing the Minutes of: April 24, 2018 22. Adjournment to Executive Session (if needed) Next Regularly Scheduled BOT Meetings: Tuesday, May 22, 2018 Tuesday, June 12, 2018 All meetings start at 7:30 p.m. unless otherwise noted. *The Agenda is subject to change.* Board of Trustees Regular Meeting Monday, May 7, 2018 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Volpe at 7:37 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 reported he asked Eagle Scout candidate Woods Johnson to present a status report on the Highbrook Highline project at the next Board of Trustees meeting on Tuesday, May 22nd. Mayor Volpe thanked Mr. Hirsch for providing cleanup services at the Highbrook Highline. Mayor Volpe reported the Board of Trustees is exploring options for the fencing and the cost associated with it. Mayor Volpe reported Assistant Village Administrator Scelza will be attending the Shared services meeting this week in his place. Mayor Volpe reported he attended the Senior Citizens meeting last week, and he thanks Mr. Cassone for facilitating the meeting. Trustees’ Report: Trustee Ferrara was absent. ******** Trustee Kagan reported the Village of Pelham received a response from Extenet’s counsel, so there’s ongoing communication between the Village and Extenet. Trustee Kagan encourages residents to have a Solarize representative evaluate their homes because the cost of installing solar panels was less than he anticipated. Page 2 Board of Trustees Regular Meeting Monday, May 7, 2018 ******** Trustee Kamal Eldahry had nothing to report. ******** Trustee Mullen thanked the residents who have been participating in the beta-testing phase of the Village’s mobile application (MyVOP), and the MyVOP application will be launching soon. ******** Trustee Potocki expressed his condolences to Steven Boyd and his family for their loss. ******** Trustee Spira-Cohen reported the last two Solarize workshops were well attended and Solarize Pelham will hold Solar Open House Tours on Sunday, May 20th, from 1 to 3 p.m. Trustee Spira-Cohen reported they are expecting two proposals for the LED streetlights to evaluate by the end of the week. Trustee Spira-Cohen reported the Sustainability Advisory Board interviews are going well, and they have additional interviews scheduled for Saturday, May 12th. Trustee Spira-Cohen, Trustee Ferrara, and Trustee Kamal Eldahry will present their recommendations to the Board soon. Village Administrator’s Report: Village Administrator Gallagher had nothing to report. Item # 7 – Public Comments There was no public comment. Page 3 Board of Trustees Regular Meeting Monday, May 7, 2018 Non-Recurring Items Item # 8 – Appointing Police Chief Mayor Volpe said it was a privilege and an honor to have Jason Pallett serve the community and to promote him from Lieutenant to Police Chief. Mayor Volpe announced on Thursday, May 17th the Pelham Police department will host its annual Police Awards Ceremony at 7pm, all are welcome to attend. Resolution Appointing Police Chief Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the promotion and appointment by the Mayor of Jason Pallett of White Plains, NY to the position of Police Chief, from Civil Service Eligible List # 73-975, effective Friday, June 1, 2018 at an annual salary of TBD subject to the requirements of Westchester County Civil Service, for a probationary period of six (6) months; and Be it further resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Mayor to negotiate the terms and condition of his employment; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effect this appointment. Vote Record - Item # 8 – Resolution Appointing Police Chief Village of Pelham Board of Trustees Regular Meeting Monday, May 7, 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 second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 4 Board of Trustees Regular Meeting Monday, May 7, 2018 Item # 9 – Appointing Zoning Board of Appeals Member Resolution Appointing Zoning Board of Appeals Member Whereas, Bryan Diffley, 392 Washington Avenue, tendered his resignation as a member of the Zoning Board of Appeals, said resignation effective January 29, 2018. Now, therefore, be it resolved, that Marie McIntyre Tracy, 205 Monterey Avenue, is hereby appointed as a member of the Zoning Board of Appeals expiring March 31, 2020, or until such time as a successor is appointed. Vote Record - Item # 9 – Resolution Appointing Zoning Board of Appeals Member Village of Pelham Board of Trustees Regular Meeting Monday, May 7, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☐ ☐ ☐ ☒ Amended Trustee Kagan second ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 5 Board of Trustees Regular Meeting Monday, May 7, 2018 Item # 10 – Accepting Resignation of Village Administrator/Treasurer Mayor Volpe announced John Gallagher will be leaving to return to practice law again. Mayor Volpe appreciated Mr. Gallagher’s efforts over the past months and wishes him well in his future endeavors. Resolution Accepting Resignation of Village Administrator/Treasurer Whereas, John Gallagher, by the attached letter dated May 4, 2018, and effective May 16, 2018 submitted his resignation letter as Village Administrator/Treasurer for the Village of Pelham; and Whereas, said resignation letter must be formally accepted by the Board of Trustees of the Village of Pelham. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby accepts the resignation of John Gallagher by the attached letter dated May 4, 2018, and effective May 16, 2018; and Be it further resolved, the Board of Trustees thanks Mr. Gallagher for his service and wishes him well in his future endeavors. Vote Record- Item # 10 – Resolution Accepting Resignation of Village Administrator/Treasurer Village of Pelham Board of Trustees Regular Meeting Monday, May 7, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☐ ☐ ☐ ☒ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 6 Board of Trustees Regular Meeting Monday, May 7, 2018 Item # 11 – Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, and Excess Liability) for the Period of June 1, 2018 through May 31, 2019 RJ Impastato, Executive Vice President of the Municipality Division from FOA & Son, presented his insurance renewal report to the Board of Trustees. Mr. Impastato said for the Property and Casualty insurance coverage they look for companies that have an A rating, a specialization in NYS municipalities and experience insuring Westchester municipalities. The notable difference is the general liability deductible, which is currently $0, but next year it will be $2,500. Mr. Impastato noted quote 2 from Houston Casualty Company is not competitive because it does not have an umbrella, and having two umbrellas is consistent. Trustee Kagan asked how long will the $800K claim be on the Village’s history and Mr. Impastato said claims of the last 5 years are reviewed. Mayor Volpe asked Mr. Impastato to inform our insurance carrier to call him before they settle the open claim regarding vehicle striking a parked car. Trustee Kagan and Mayor Volpe inquired about pre-paid discounts, and Mr. Impastato stated only PERMA offers pre-paid discounts if paid in full, but he will inquire on the Village’s behalf. Resolution Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, and Excess Liability) for the Period of June 1, 208 through May 31, 2019 Whereas, the Village of Pelham is renewing Property and Casualty Insurance to provide coverage for the Village of Pelham. Property and Casualty Insurance covers: Property Including Crime; General and Law Enforcement Liability; Public Officials and Employment Practices Liability; Automobile Liability and Physical Damage; and Excess Liability; and Whereas, the Village Administrator recommends renewing the Property and Casualty insurance package to Travelers Insurance Company. Now, therefore, be it resolved, that the Village authorizes retention of Insurance through FOA and Son Insurance Corp., with Property and Casualty through Travelers Insurance Company and ACE Insurance Company and American Alternative Insurance Company, to provide umbrella liability coverage, at a total cost of $216,570.00, not including applicable taxes, as detailed in the proposal received May 4, 2018; and Page 7 Board of Trustees Regular Meeting Monday, May 7, 2018 Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to retain coverage for the Property and Casualty Insurance to be effective June 1, 2018 through May 31, 2019. Vote Record - Item # 11 - Resolution Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, and Excess Liability) for the Period of June 1, 208 through May 31, 2019 Village of Pelham Board of Trustees Regular Meeting Monday, May 7, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☐ ☐ ☐ ☒ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 8 Board of Trustees Regular Meeting Monday, May 7, 2018 Item # 12 – Authorizing the Award of Workers’ Compensation Insurance Coverage for the Period of June 1, 2018 through May 31, 2019 RJ Impastato, Executive Vice President of the Municipality Division from FOA & Son, presented his insurance renewal report to the Board of Trustees. Mr. Impastato noted workers compensation insurance covers Village of Pelham employees on the job and it pays for medical and a percentage of lost earnings. Travelers is the lowest quote for Workers’ Compensation Insurance Coverage at the rate of $371,288 and an A+ financial rating, so should travelers go bankrupt then New York State will pay the claims. The potential downside of choosing travelers is their end of the year payroll audit, so the premium will be adjusted based on the payrolls. Trustee Kagan asked about the reduction in the premium cost and Mr. Impastato said the number of claims have decreased, which can be attributed to active safety committee meetings. Mr. Impastato noted this is the third consecutive year the premium has decreased. Trustee Kagan thanked the administration and department heads for focusing on safety. Resolution Authorizing the Award of Workers’ Compensation Insurance Coverage for the Period of June 1, 2018 through May 31, 2019 Whereas, the Village of Pelham (“Village”) has been seeking Workers’ Compensation Insurance proposals to provide coverage to the Village for the period of June 1, 2018 through May 31, 2019; and Whereas, the Village sought to obtain Workers’ Compensation Insurance proposals through FOA and Son Insurance Corp. from PERMA, New York State Insurance Fund, New York State Comp Alliance and Travelers submitted as follows: Insurance Carrier Quote Travelers $371,288.00* *Coverage can only be bound if Travelers Property/Liability is also accepted New York State Workers’ Compensation Alliance $413,717.00 PERMA $431,336.00** **If paid in full at inception New York State Insurance Fund $492,898.00 Whereas, based on our review of the proposals and other pertinent factors, the Village Administrator recommends awarding the Workers’ Compensation Insurance package to Travelers. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby awards Workers’ Compensation Insurance Coverage for the period of June 1, 2018 through May 31, 2019 to Page 9 Board of Trustees Regular Meeting Monday, May 7, 2018 Travelers at a total cost of $371,288.00; and subject to a request of a 5% reduction for pre-payment made through FOA & Son; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effectuate the intent of this resolution. Vote Record - Item # 12 – Resolution Authorizing the Award of Worker’s Compensation Insurance Coverage for the Period of June 1, 2018 through May 31, 2019 Village of Pelham Board of Trustees Regular Meeting Monday, May 7, 2018 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☒ ☐ ☐ ☐ ☒Approved as Trustee Ferrara ☐ ☐ ☐ ☒ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki second ☒ ☐ ☐ ☐ Trustee Spira-Cohen motion ☒ ☐ ☐ ☐ Page 10 Board of Trustees Regular Meeting Monday, May 7, 2018 Item # 13 – Building Permit # 4704 Appeal by Elk Home Partners III LP at 299 Wolfs Lane Mayor Volpe said Building Permit #4704 for a fence installation Appeal by Elk Home Partners III LP at 299 Wolfs Lane has been adjourned on consent by the parties until Tuesday, May 22nd. Page 11 Board of Trustees Regular Meeting Monday, May 7, 2018 Item # 14 – Public Hearing on Local Law No. 4 of 2018 to Repeal Local Law No. 1 of 2018 and to Repeal the Override of the Tax Levy Limit Established in General Municipal Law §3-c The public hearing was opened after a motion by Trustee Mullen and seconded by Trustee Potocki, vote 6-0. The public hearing was closed after a motion by Trustee Kagan and seconded by Trustee Kamal- Eldahry, vote 6-0. Page 12 Board of Trustees Regular Meeting Monday, May 7, 2018 Item # 15 – Adopting Local Law No. 4 of 2018 to Repeal Local Law No. 1 of 2018 and to Repeal the Override of the Tax Levy Limit Established in General Municipal Law §3-c Resolution Adopting Local Law No. 4 of 2018 to Repeal Local Law No. 1 of 2018 and to Repeal the Override of 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 repeal Local Law No. 1 of 2018 and to repeal the override of the real property tax levy limit established in General Municipal Law §3-c for the fiscal year commencing June 1, 2018 – May 31, 2019; 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 May 7, 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. 4 of 2018 to repeal Local Law No. 1 of 2018 and to repeal the override of the real property tax levy limit established in General Municipal Law §3-c for the fiscal year commencing June 1, 2018 – May 31, 2019; 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 # 15 – Resolution Adopting Local Law No. 4 of 2018 to Repeal Local Law No. 1 of 2018 and to Repeal the Override of the Tax Levy Limit Established in General Municipal Law §3-c Village of Pelham Board of Trustees Regular Meeting Tuesday, May 7, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☐ ☐ ☐ ☒ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen second ☒ ☐ ☐ ☐ Page 13 Board of Trustees Regular Meeting Monday, May 7, 2018 Item # 16 - Public Discussion and Consideration of the Village of Pelham’s MS-4 Report Under the Environmental Protection Agency Phase II Stormwater Management Guidelines, and Authorizing the Submission to the New York State Department of Environmental Conservation for Consideration of Renewal of the Village’s State Pollutant Discharge and Elimination System Permit The documentation for the SPDES permit was prepared by Michael Ritchie and James Maxwell of Dolph Rotfeld Engineering. The Federal Law commonly known as Stormwater Phase II Permits will be required for stormwater discharges from Municipal Separate Storm Sewer Systems (MS4s). To implement the law, the NYSDEC has developed two general permits, one for MS4s in urbanized areas and one for construction activities. The permits are part of the State Pollutant Discharge Elimination System (SPDES) and the operators of regulated MS4s and operators of construction activities must obtain permit coverage under either an individual SPDES permit or one of the general permits. The reporting period is from March 2017 to March 2018. The report must be compiled and submitted to the NYSDEC by June 1, 2018. Trustee Spira-Cohen suggested distributing a survey next year to the residents to collect responses. Resolution Accepting the 2017-18 Annual MS4 Report Whereas, the Village of Pelham (“Village”) has been identified as a Municipal Separate Storm Sewer System (“MS4”) under the Environmental Protection Agency’s Regulations pursuant to the Clean Water Act of 1999; and Whereas, as part of the MS4 permit requirements, the Village must submit an Annual Report on its efforts to protect and improve the water quality of its adjacent streams and water bodies; and Whereas, the public is invited to review the Annual Report and provide input; and Whereas, the Village’s 2017-18 report has been prepared by its consulting engineer, Dolph Rotfeld Engineering, P.C., and Whereas, the Annual Report must be submitted to the New York Department of Environmental Conservation Offices in Albany, New York by June 1, 2018. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby accepts the 2017-18 Annual MS4 report. Vote Record - Item # 13 – Resolution Accepting the 2017-18 Annual MS4 Report Village of Pelham Board of Trustees Regular Meeting Monday, May 7, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☐ ☐ ☐ ☒ Amended Trustee Kagan ☒ ☐ ☐ ☐ Page 14 Board of Trustees Regular Meeting Monday, May 7, 2018 ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen second ☒ ☐ ☐ ☐ Page 15 Board of Trustees Regular Meeting Monday, May 7, 2018 Item # 17 - Discussion on Proposed Changes to the Filming Code Trustee Mullen provided a breakdown of the changes made to the filming code draft. • Insurance Requirements: Trustee Mullen said he will consult with Mr. Impastato to draft a standard of guidelines for high risk film activity. Mayor Volpe said the Board will have to consider insurance requirements for different groups. • Number of days at one location: The current code limits individual locations to three days per year, unless the applicant is granted additional approval. Trustee Mullen suggested that filming be restricted to three calendar days in residential areas and seven days in non- residential areas within a twelve month period. Additional time approval may be granted by the Village Board, the Mayor and/or their designee. Mayor Volpe suggested this be amended, so the Mayor can authorize additional time. • Notice to Residents: A permittee would need to provide written notice of filming to all property owners located within 200 feet of a property of the filming locations at least three days prior to the first day of filming. • Fee schedule: The fee for a production crew with 10 people or less will be $750 instead of $1,000. Peter Kohnstamm, 330 Highbrook Avenue, board member of the Pelham Picture house and Charmain of the membership committee spoke about the proposed changes to the film code. Mr. Kohnstamm said Pelham is perceived as hostile to filming, and the Village is missing out on revenue and business activity. The new code is a step in the right direction and he has some recommendations: • The fee for production crews with 10 people or less should be reduced to $500 • The number of days at one location should be 10 calendar days instead of 3 days. • Pelham merchants should provide business discounts for production crews and filming staff • The Pelham picture house can offer their courses at a discounted rate and provide interns for film shoots Mayor Volpe said the Village cannot force the merchants to provide discounts to the film crews, and Trustee Kagan said those food services tend be awarded by contract. Mayor Volpe said this discussion will continue in future meetings and further changes need to be made to the draft. Page 16 Board of Trustees Regular Meeting Monday, May 7, 2018 Item # 18 – Discussion on Request to Burry Overhead Wires along Wolfs Lane Mayor Volpe said a petition signed by 50-60 business owners was circulated to get the utility wires buried along Wolfs lane. Mayor Volpe said the Board has informally and formally made that request to the utility company. They have discussed this with Con Edison to bury the overheard wires during the power restoration from the storms, but this is a comprehensive and expensive process. Mayor Volpe said we will bring this to the attention of our elected officials State Senator Klein and Assemblywoman Paulin. Mayor Volpe said we will also write a letter to the Public Service Commission and Con Edison. Page 17 Board of Trustees Regular Meeting Monday, May 7, 2018 Item # 19 – Other Business Sam Schwartz Transportation Consultants Traffic and Safety Assessment Presentation Lou Luglio, from Sam Schwartz Transportation Consultants, presented the working draft of the traffic and safety assessment to the Board of Trustees. The following intersections were studied for the traffic and safety assessment: Lincoln Avenue from First avenue to Fifth Avenue; Fifth Avenue from 3rd Street to 1st Street-Pelhamwood Avenue and Wolfs Lane From 1st Street to Colonial Avenue. Mr. Luglio outlined his recommendations:  Traffic Signal upgrades (long term)  Traffic Signal coordination (short term)  Striping improvement (short term)  Fifth avenue one-way (potential pilot program summer 2018)  Fair share safety and infrastructure contribution methodology Traffic Signal Upgrades Mr. Luglio said the Village’s current infrastructure is old, and the signals have exhausted their period of usefulness. The new traffic signal equipment can coordinate with the other signals and improve the sequence of lighting. A full upgrade of traffic signals will cost approximately $150,000-$250,000 per intersection, a total of $2-3.5 million for all 14 intersections in the study area. Mr. Luglio stated the traffic signal upgrades will also require ancillary construction like ADA compliant curbing. Mr. Luglio said his firm can assist the Village of Pelham in applying for grants/aid related to infrastructure and safety improvements. Traffic Signal Coordination Mr. Luglio suggests coordinating the existing traffic signals on Lincoln Avenue and Fifth Avenue/Wolf lane to improvement the traffic flow through the study area. Striping Improvements Mr. Luglio recommends restriping existing crosswalks to improve the pedestrian experience through the study area and installing a “do not block the box” striping at some intersections to facilitate vehicle movement in the study area. The striping improvements will cost approximately $5,000-$15,000 per intersection. The potential striping areas are: Wolfs Lane and Franklin Place; Sparks Avenue and Manning Circle, and Boulevard, Colonial Avenue and Kings Highway. Mayor Volpe said he will need to consult the Police Chief and the Board of Education on the restriping of Wolfs Lane and Franklin Place. The intersection of Boulevard, Colonial Avenue and Kings Highway will be realigned with the addition of a stop sign, and prohibit left turns from Ancon Avenue westbound to Kings Highway. Colonial Avenue eastbound and Kings Highway westbound will be converted from stop controlled to free moving. Page 18 Board of Trustees Regular Meeting Monday, May 7, 2018 Fifth Avenue One-Way Mr. Luglio proposed a temporary pilot program over the summer to convert Fifth Avenue southbound from 1st Street to 3rd Street to one-way. This pilot program will reroute northbound traffic to 1st Street, Fourth Avenue, and 3rd Street with striping enhancements at Fifth Avenue and 1st, 2nd, and 3rd streets and the installation of angled parking on the east side of Fifth Avenue. Trustee Spira-Cohen asked if they could consider adding a bike lane, and Mr. Luglio said he will look into this matter. Mr. Luglio said it will take about a month to implement the pilot program, and it will cost approximately $45,000- $60,000. Fair share safety and infrastructure contribution methodology Mr. Luglio said he reviewed the fair share policies in other jurisdictions and he said they would not be applicable to the Village’s projects. He recommends a straightforward approach based on daily vehicle trips. Deborah Knapp, Progressive Women of Pelham, said she was excited to see the presentation, but was unaware of the traffic study, and Mayor Volpe stated the traffic study was commissioned during the public Board of trustees meetings. Mayor Volpe asked Sam Schwartz to come tonight to present a preliminary draft of the report, and a full report will be on the agenda for the May 22nd or June 12th Board of Trustees regular meeting. Ms. Knapp said there are some concerns about the traffic study specifically the Ancon Avenue intersection, and Mayor Volpe said this is a draft, but groups are welcome to comment. Gun Safety Legislation Trustee Kamal Eldahry, Trustee Kagan, and Trustee Spira-Cohen participated in a conference call with Giffords Law Center Attorney Allison Anderson to discuss adopting gun safety legislation in the Village. Ms. Anderson advised the Village to prioritize their requests since the Giffords law center has limited bandwidth. Some of the key points of the conversation with Ms. Anderson: • Safe storage: Village of Pelham would have to consider adopting a safe storage law since the County’s law does not apply to the Village. • Prohibiting firearm sales in private homes: this is not covered under the NYSAFE act, but the Village of Rye Brook has passed legislation to ensure that the sale of guns between individuals cannot occur in a private residence. A dealer cannot register his/her gun dealership business in a residential district or facilitate private exchanges in his/her home. • Long guns: The Village would like to require a license to purchase a long gun and raise the age limit for buying long guns from 18 to 21. • Prohibiting the discharge of a firearm in the Village: Trustee Potocki believes such a legislation already exists, and Trustee Kagan said they will look into this matter. • Litigation: the Giffords law center can provide a pro bono attorney if anyone challenges the constitutionality of a law the Giffords center helped to draft. • Inventories: creating inventories subject to the Police department’s verification on a periodic basis. Page 19 Board of Trustees Regular Meeting Monday, May 7, 2018 Trustee Kagan recommends reviewing the Village of Rye Brook’s legislation since it is the most recent, and the Village of Pelham can possibly incorporate some of the language. Trustee Kagan will disseminate copies of the Rye brook legislation and continue this discussion in future meetings. Deborah Knapp, Progressive Women of Pelham, thanked the Board for looking into this issue. Ms. Knapp said she has been in contact with Duke School of Law professor, Mr. Joseph Blocher, whose scholarship addresses issues of gun rights and regulation. Mr. Blocher revealed to Ms. Knapp that there is a 200 year old precedent in the United States for local gun legislation. Ms. Knapp asked Mr. Blocher to assist the Board in the drafting of the gun legislation or to collaborating with Gifford law center attorney. Trustee Kagan would like to aggregate all of the information and review it over the Summer to present to the community in the Fall. New Committee Trustee Potocki, Trustee Ferrara, and Assistant Village Administrator are forming a committee to address a few items in the Village such as the mobile parking app. Page 20 Board of Trustees Regular Meeting Monday, May 7, 2018 Recurring Items Item # 20 - Authorizing the Accounts Payable Trustee Ferrara audited the Accounts Payable. A brief discussion took place over vouchers #10336 and 10386. 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 $93,371.13 Capital Projects Fund $46,214.86 Trust and Agency Fund $350.00 TE Private Purpose Trust Fund $0.00 Grand Total $139,935.99 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Vote Record- Item # 20 – Resolution Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Monday, May 7, 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 21 Board of Trustees Regular Meeting Monday, May 7, 2018 Item # 21 – Authorizing the Minutes of April 24, 2018 Vote Record- Item # 21 – Authorizing the Minutes of April 24, 2018 Village of Pelham Board of Trustees Regular Meeting Monday, May 7, 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 ☒ ☐ ☐ ☐ Item # 22 – Adjournment to Executive Session (if needed) The public portion of the Board meeting was adjourned at 9:57pm to enter into Executive Session to discuss three personnel matters, after which time the Board would adjourn for the evening. Vote Record- Item # 22 – Adjournment to Executive Session (if needed) Village of Pelham Board of Trustees Regular Meeting Monday, May 7, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☐ ☐ ☐ ☒ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Respectfully Submitted, Yari Fernandez Administrative Intern Page 22