Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, MAY 22, 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. Empathy Towards All Project Update from Girl Scout Candidate Kimberly Rosell 5. Presentation from Eagle Scout Candidate Woods Johnson on the Highbrook Highline Project 6. Mayor’s Report 7. Trustees’ Reports 8. Village Administrator’s Report 9. Public Comments # Agenda Items: Non-Recurring Items 10. Resolution Appointing Architectural Review Board Member 11. Swearing In Ceremony for Newly Appointed Police Chief 12. Presentation on a Proposed Development at 163 Wolfs Lane 13. 101 Wolfs Lane Site Plan Application 14. Discussion on Traffic Engineer Presentation from May 7, 2018 15. Discussion on Changing Village Election Date 16. Discussion on Local Gun Safety Legislation 17. Other Business Recurring Items 18. Authorizing Accounts Payable 19. Authorizing the Minutes of: May 7, 2018 20. Adjournment to Executive Session (if needed) Next Regularly Scheduled BOT Meetings: Tuesday, June 12, 2018 Tuesday, June 26, 2018 All meetings start at 7:30 p.m. unless otherwise noted. *The Agenda is subject to change.* Board of Trustees Regular Meeting Tuesday, May 22, 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 ☒ ☐ ☐ Assistant Village Administrator ☒ ☐ ☐ Scelza Village Attorney Smith ☐ ☒ ☐ Administrative Intern Fernandez ☒ ☐ ☐ Mayor’s Report: Mayor Volpe announced Village Administrator Gallagher has resigned and the Board has not appointed an interim Village Administrator yet, but the Board will discuss this matter further in executive session. Mayor Volpe announced the Memorial Day parade is taking place this Monday, beginning at 11:30am from Esplanade and Black Street in Pelham Manor to Wolfs Lane and Veterans Park on Fifth Avenue in Pelham. Mayor Volpe reported there were two sinkholes, one on Sparks Avenue and one on Young Avenue that were filled on an emergency basis. Mayor Volpe is meeting with developers on the RFP for public-private partnership on Village owned properties and he will provide an update after the meeting. Mayor Volpe said the Police Awards ceremony was great and he is thankful for all of their hard work. Mayor Volpe announced Police Chief Benefico is retiring effective May 31, 2018. He has served the community for 42 plus years and he was a great public servant, who will be missed. Page 2 Board of Trustees Regular Meeting Tuesday, May 22, 2018 Trustees’ Report: Trustee Ferrara thanked the Pelham Preservation and Garden Society for their planting project on First street. ******** Trustee Kagan thanked the Police department for their hard work and his colleagues for attending the Police awards ceremony last week. ******** Trustee Kamal Eldahry thanked David Imamura, from the Village of Irvington, for his resources and knowledge of possibly moving the Village election date from March to November. ******** Trustee Mullen reported the “MyVOP” mobile application is a 311 style application for iPhone and Android devices, and can be used to submit service requests, check garbage dates, complete surveys, check Village News, and pay a parking ticket. The MyVOP mobile application is available on the app store and google play, and we hope to launch it at the next Board of Trustees regular meeting. If you download the mobile application, please fill out the survey inside the app titled “App Feedback.” Trustee Mullen said he is pleased that the community supported the school board through the passage of the bond propositions. ******** Trustee Potocki congratulated the School Board for the passage of the bond propositions and It is a great day for Pelham education. ******** Trustee Spira-Cohen reported the Solarize residential campaign will be ending on June 4th, so she encourages individuals to take advantage of the campaign. The commercial campaign will end in October, and Solarize will be hosting an event in June. Trustee Spira-Cohen thanks the Solarize team for their work. Trustee Spira-Cohen reported there is a bike share program in New Rochelle, and she encourages individuals in the community to check it out. She would like the Board to consider participating in New Rochelle’s bike share program because this would be a free amenity to the Village that would provide a lot of benefits. Trustee Spira-Cohen received two proposals for the LED streetlight project, and the Board is considering moving forward with the proposal from NYPA. Trustee Spira-Cohen said a representative from NYPA will be presenting at the next Board of Trustees meeting. Page 3 Board of Trustees Regular Meeting Tuesday, May 22, 2018 Trustee Spira-Cohen said the Sustainability Advisory Board Selection Committee is ready to make recommendations to the Board on members for the SAB committee. Village Administrator’s Report: N/A Item # 9 – Public Comments Susan Mutti, Pelham Manor, commended the Eagle scout candidate and the Boy Scouts on their work on the Highbrook Highline project, and it is exciting seeing the youth getting involved in their community. Ms. Mutti reported the fence RFP did not yield the expected results, so she encourages the Board to issue an RFQ. Ms. Mutti stated the Friends of the Highbrook Highline are available to provide resources and be a part of the discussion. Roger Wise, 145 Cliff Avenue, offered to lend his expertise and he is interested in a gravity based pump, that would allow access to the water in the Highbrook for plantings. Mayor Volpe said he recently went to the Highbrook Highline and thinks a 4 foot fence would be the best way to go, but the Board rejected the RFPs. Mayor Volpe said the Village will install the fencing in the next couple of months, and get reimbursed through a state grant. Page 4 Board of Trustees Regular Meeting Tuesday, May 22, 2018 Non-Recurring Items Item # 10 – Resolution Appointing Architectural Review Board Member Mayor Volpe swore in Gregory Breskin, but the Board of Trustees did not vote on this resolution. Resolution Appointing Architectural Review Board Member Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Gregory Breskin, 123 Monterey Avenue, as a member of the Architectural Review Board expiring March 31, 2021, or until such time as a successor is appointed. Vote Record - Item # 10 – Resolution Appointing Zoning Board of Appeals Member Village of Pelham Board of Trustees Regular Meeting Tuesday, May 22, 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 5 Board of Trustees Regular Meeting Tuesday, May 22, 2018 Item # 11 – Swearing In Ceremony for Newly Appointed Police Chief Mayor Volpe announced Jason Pallett will be replacing Joseph Benefico as Police Chief. Mayor Volpe stated the Pallett family’s service to the Pelham community goes back 113 years; they are a distinguished family that has served this community for many years. Mr. Pallett stated he is grateful for this leadership opportunity, and the goal of the department will remain the same—to protect and serve the community. Mr. Pallett said being Chief Benefico’s successor, he was left with a strong foundation to build upon, and he will continue to move the Police department forward. Page 6 Board of Trustees Regular Meeting Tuesday, May 22, 2018 Item # 12 – Presentation on a Proposed Development at 163 Wolfs Lane Vivian Lee, President of Concrete Ventures, presented an update to the Board of Trustees on her plan for a 28 rental unit residential development at the site of the former Citgo gas station, 163 Wolfs Lane. Ms. Lee has engaged in discussions with the Pelham Picture House and they have explored various ideas on how to share space. Concrete Ventures considered a possible easement across the back of the Pelham Picture House and other ideas with architect Ray Beeler, but a solution that satisfied all parties could not be reached. Ms. Lee is pleased to come back before the Board of Trustees with revised plans that respond to their feedback and comments from their last meeting on October 10th, 2017. Ray Beeler, Architect from Gallin Beeler Design Studio, outlined the Board’s concerns from their last meeting that have been addressed in their revised plan: The request to add more parking Eliminate the garage entry on Wolfs lane Provide a retail space along Wolfs lane Decrease the number of two bedroom units, the initial plan called for 21 (two bedroom units) and 7 (one bedroom units). Mr. Beeler said the new plans added a retail space on the ground level of the building, and decreased the number of two bedroom units from 21 to 15. There are 35 parking spaces in total (2 handicap parking spaces), and the garage entry has been moved to the right side, away from the Pelham Picture house, so the entrance would not be next to the Picture house. There are 12 parking spaces allocated for residents and tenants of the retail space in the back of the building, and 23 parking spaces will be below ground level accessible by a self-operated car elevator. Mr. Beeler said they are compliant with Business-1 zoning in terms of lot coverage and setbacks. They are asking the Board to consider applying the BDFZ zoning requirements to this project because they need the BDFZ for : lot area per dwelling unit, building height, and apartment parking (1 parking space per unit). Mayor Volpe told Mr. Beeler and Ms. Lee that they would need to produce a written request, so the Village Planner can create a checklist outlining the deficiencies of the project before it is referred to the Planning Board and the Architectural Review Board. Mayor Volpe also stated the applicant will need to post a retainer to pay for the counsel, engineer, and planned to review their plan, and that will start at $30,000 for a project of this size. Georgene Feldman, 15 Brookside Avenue, asked about a buffer between the back of the proposed development and the residents of Brookside avenue. Mr. Beeler stated they will be providing a 10 foot separation, so the rear of the building and the parking garage will be 10 feet away from the property line; there will be a densely planted landscape in that 10 foot area. Todd cross, 5 Manning Circle, asked about the height of the building, and Mayor Volpe said it is approximately 57 feet high. Page 7 Board of Trustees Regular Meeting Tuesday, May 22, 2018 Jaime Cabarroca, 9 Brookside Avenue, asked about the number of units and expressed concerns about the car elevator, and Mayor Volpe said these issues will be addressed in the planning process. Marilyn Zelinski, 60 1st, expressed concerns about parking and how residents of this unit will accommodate visitors, and Trustee Kagan stated there is street parking available, municipal parking lot 7, and parking by the metro north train station. Trustee Mullen stated the police make allowances for overnight parking, so visitor parking is not a significant concern. Page 8 Board of Trustees Regular Meeting Tuesday, May 22, 2018 Item # 13 – 101 Wolfs Lane Site Plan Application Seth Mandelbaum Esq, from McCullough, Goldberger & Staudt, LLP, representing Matriarch Development, stated they were referred to the Planning Board and the Architectural Review Board on February 27th,2018 and they received comments from both Boards over the last several months, which have been incorporated into this project. Mr. Mandelbaum is here to provide an update to the Board and to discuss the next procedural steps---to ask the Board to open a public hearing. They met with the Town Assessor to merge the two individual tax lots into one, and the Wolfs Lane facade modified with respect to the setbacks from Wolfs Lane. Mayor Volpe stated there are some outstanding issues that need to resolved before the end of public hearing or prior to the site plan approval: storm water, fire safety, sewer capacity, construction impact, and traffic. Mr. Mandelbaum said the revised storm water management plans will be submitted to the Planning Board sometime next week, and they agreed to treat a portion of the site (40%) as pervious. Mr. Mandelbaum stated the construction phasing plan has been submitted to the Planning Board, but they were remiss and did not include that to the Board; Mayor Volpe stated the construction phasing plan needs to be finalized with Village staff before the site plan approval is granted. Trustee Mullen expressed concerns about opening a public hearing when there are several issues that need to be resolved, and Mr. Mandelbaum answered this the typical procedure under the BDFZ, and the applicant would like to public gather input for the project. Trustee Kagan also expressed his concerns at the applicant’s impatience to move along in the development process. Mr. Mandelbaum said the applicant will try to resolve the remaining action items as quickly as possible to distribute it to the public for review while the public hearing is open. With respect to the easement over the Village municipal lot, the applicant proposed that the Village maintain all public areas (the arcade, the plaza, the staircase) in exchange for 3,000 square feet of first floor space for Village Hall; Mayor Volpe said those terms have been rejected. Trustee Kagan asked Mr. Mandelbaum to elaborate on the length of the proposed office space for Village use in exchange for the easement. Mr. Mandelbaum stated the Village would be able to use the space for no rent, for as long as the Village wished to do so. Trustee Kagan asked if rodent remediation has commenced in advance of construction. Mr. Mandelbaum responded that it had not. Mayor Volpe stated the public hearing will be opened on June 12th and remain open for some time. Mayor Volpe called for a resolution to be drafted for a public hearing to commence on June 12th. Call for A Resolution to Be Drafted for a Public Hearing to Commence on June 12th Village of Pelham Board of Trustees Regular Meeting Tuesday, May 22, 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 ☒ ☐ ☐ ☐ Page 9 Board of Trustees Regular Meeting Tuesday, May 22, 2018 Item # 14 – Discussion on Traffic Engineer Presentation from May 7, 2018 Mayor Volpe said a traffic study was commissioned to address traffic concerns in the community and potential changes in traffic patterns due to the proposed new developments in the Village. Mayor Volpe stated this is a discussion to get public input on the traffic study report, but the study that was distributed on May 7th was a draft, not the final report. The Fifth Avenue one-way plan prompted concerns from residents on Fourth Avenue and Highbrook Avenue who are concerned that traffic will be added to their streets. Mark Burgess, 121 Pelhamdale Avenue, stated the report on the Village website is not helpful, and it needs to include more information on the methodology used and the history of the traffic issues in the community. Mr. Burgess is in favor of making Fifth Avenue one lane and one way to increase the amount of parking for the businesses. Mayor Volpe revealed safety was the goal following traffic accidents, and he noted many streets now have a reduced speed limit of 25 mph as a safety measure. Tom White, 55 First Street, opposed making Fifth Avenue a one way street as this would cause a traffic jam on Wolfs lane. Josh Henderson, 61 Highbrook Avenue, requested that a study be conducted on the proposed Fifth Avenue one way plan’s impact on neighboring streets. Joe Sannella, 75 Second Street, expressed concerns that the fifth Avenue one way conversion will divert traffic to neighboring streets like Fourth Avenue. Karen Gardener, Wynnewood Road, Pelham Manor, thanked the Board for inviting Pelham Manor residents to participate in this discussion on the traffic study, but the traffic study draft did not include a bike lane; she would like the Board to take into consideration the bicyclists when they make changes to the draft. Mayor Volpe stated the Board is considering adding a bike lane to their one-way Fifth Avenue plan. Nathan Pereira, 804 Colonial Avenue, suggested a sidewalk extension for pedestrian safety on Colonial Avenue, Colonial Ave/Manor ridge road, and a cross-walk on Ancon Avenue. Mr. Pereira offered to send the Board of Trustees a brochure on solar powered pedestrians lights. Residents from the Blvd/Ancon/Colonial intersection along with Eastland and Elderwood residents expressed their concerns about the proposed traffic changes to their intersection. The Blvd/Ancon/Colonial/Eastland/Elderwood residents said removing the left turn from Ancon Ave would Page 10 Board of Trustees Regular Meeting Tuesday, May 22, 2018 divert traffic to other side streets (Eastland Ave/Elderwood Ave), so the traffic study did not take into account its potential impact on neighborhood and pedestrian safety. Residents from the Blvd/Ancon/Colonial intersection also expressed their displeasure at the traffic consultant’s suggestion to remove stop signs at this intersection, but Mayor Volpe assured residents that the stop signs on Colonial Avenue and Kings highway will not be removed in any future plan. Residents from the Blvd/Ancon/Colonial intersection advocated for new signage, sidewalk installation, and the addition of crosswalks to mitigate the traffic problems at the Blvd/Ancon/Colonial intersection. Aimee Kaplan, 205 Elderwood Avenue, encourages the Board to look at traffic mitigation efforts in a comprehensive manner due to the growth of other municipalities such as the City of New Rochelle. New Rochelle has several new developments in the works, so the Board should wait to conduct a traffic study to see how these developments impact the Pelham community. Amanda Jaskiewicz, 262 Eastland Avenue, suggested the creation of a traffic subcommittee to discuss these issues in greater detail with the traffic consultant. Mayor Volpe endorsed Ms. Jaskiewicz’s idea of a traffic subcommittee, and would like to form the committee at the June 12th Board of Trustees regular meeting. Page 11 Board of Trustees Regular Meeting Tuesday, May 22, 2018 Item # 15 – Discussion on Changing Village Election Date Trustee Kagan said the Board would need to adopt a question, certify the question, then it would get placed on the ballot for the constituency to vote on in the general election in November. Eldar Shuminov, 21 Fifth Avenue, spoke in support of the proposed Village election date change because it would streamline the voting process because he had to vote in seven elections this year. Trustee Potocki suggested this discussion be tabled for the next Board of Trustees meeting on Tuesday, June 12th. Page 12 Board of Trustees Regular Meeting Tuesday, May 22, 2018 Item # 16 – Discussion on Local Gun Safety Legislation Mark Burgess, 121 Pelhamdale Avenue, inquired about the local gun safety draft legislation, and Mayor Volpe said legislation has not been drafted yet, this is just a discussion. Trustee Kagan said the Progressive Women of Pelham came to the Board of Trustees and presented 8 points to be considered in draft legislation. The Board is working with the Giffords center to determine, which of these items would be the most impactful. Page 13 Board of Trustees Regular Meeting Tuesday, May 22, 2018 Item # 17 – Other Business Empathy Towards All Project Update from Girl Scout Candidate Kimberly Rosell 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. Ms. Rosell provided the Board of Trustees an update on her fundraising efforts, and she has raised $12,622.50 to go towards the license plate reader, thanks to the generosity of the Pelham community. Ms. Rosell thanked the members of the Board of Trustees, Mr. Robbins, owner of Rockwells restaurant, T&L trophies and awards, the Pelham Police department, and the Pelham Memorial High School coaching staff for their support and donations. Ms. Rosell will keep the Board updated on the developments in acquiring and installing the license plate reader. Mayor Volpe thanked Ms. Rosell for her service to the community and invited her to present her documentary to the Board once its finalized. Presentation from Eagle Scout Candidate Woods Johnson on the Highbrook Highline Project Woods Johnson, Eagle Scout Candidate of New Rochelle’s Troop 11, gave an update to the Board on the Highbrook Highline project. Mr. Johnson plans to clean up the site, and convert it to a community garden. Mr. Johnson thanked the Village of Pelham for arranging for Elk Homes to remove the vegetation and debris from the site; Almstead, tree company, for donating the mulch; the Pelham Preservation and Garden Society for donating lumber and nails; Mango’s Nursery and Nature’s Cradle for donating flowers and top soil. Mr. Johnson reported the project will be completed this weekend, and the Eagle Scouts along with volunteers from the Pelham Preservation and Garden Society will be installing the benches, planting, and filling the garden boxes with soil this Saturday. Mayor Volpe thanked Mr. Johnson for his presentation and service to the community. Potential Presentations Trustee Spira-Cohen requested two presentations to be added to the Agenda for the next Board of Trustees meeting on June 12th, a presentation from the New York Power Authority, and a presentation on a bike share program. Filming Code Trustee Mullen would like to call for a public hearing on the filming code at the June 12th meeting. Page 14 Board of Trustees Regular Meeting Tuesday, May 22, 2018 MyVOP APP Trustee Mullen stated the Board needs to discuss the launch date of the MyVOP mobile application. Board of Trustees FY 2018-19 Goals Trustee Mullen stated the Board should meet with the committee chairs to develop a list of goals for FY 2018-19. Pilot Program Mayor Volpe believes a pilot plan of the Fifth Avenue one way plan should be implemented this summer. Parking Issues Louise Podszus, 59 Clifford Avenue, requested a meeting with Mayor Volpe to discuss parking issues near her home. Page 15 Board of Trustees Regular Meeting Tuesday, May 22, 2018 Recurring Items Item # 18 - Authorizing the Accounts Payable Trustee Kagan 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 Assistant Village Administrator: Fund Name: Amount General Fund $144,598.74 Capital Projects Fund $529,441.17 Trust and Agency Fund $14,132.50 TE Private Purpose Trust Fund $0.00 Grand Total $688,172.41 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Vote Record- Item # 18 – Resolution Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, May 22, 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 second ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 16 Board of Trustees Regular Meeting Tuesday, May 22, 2018 Item # 19 – Authorizing the Minutes of May 7, 2018 Vote Record- Item # 19 – Authorizing the Minutes of May 7, 2018 Village of Pelham Board of Trustees Regular Meeting Tuesday, May 22, 2018 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe second ☒ ☐ ☐ ☐ ☒Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Item # 20 – Adjournment to Executive Session (if needed) The public portion of the Board meeting was adjourned at 10:55 pm to enter into Executive Session to discuss a personnel matter and a labor relations matter, after which time the Board would adjourn for the evening. Vote Record- Item # 20 – Adjournment to Executive Session (if needed) Village of Pelham Board of Trustees Regular Meeting Tuesday, May 22, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen second ☒ ☐ ☐ ☐ Respectfully Submitted, Yari Fernandez Administrative Intern Page 17