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Mayor & Village Board of Trustees

Regular Meeting

Pelham, NY · July 10, 2018

AgendaMinutes

Minutes

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JULY 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. Resolution Appointing Architectural Review Board Member 9. Discussion on Ancon/Kings Highway/Boulevard/Colonial/Manor Ridge Intersection Traffic Committee 10. Public Hearing Continuation on Site Plan Application at 101 Wolfs Lane 11. Discussion on Gun Safety Legislation 12. Resolution Authorizing the Submittal of an LJ3 to the Westchester County Department of Human Resources Creating Police Officer Positions in the Village of Pelham Police Department 13. Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department 14. Resolution Authorizing a Temporary Appointment to the Position of Village Administrator 15. Resolution Authorizing the Provisional Appointment of a Superintendent of Public Works/Building Inspector 16. Resolution Authorizing the Appointment of a Part-Time Assistant Building Inspector 17. Resolution Authorizing the Execution of an Energy Services Program Master Cost Recovery Agreement for LED Streetlights with the New York Power Authority 18. Resolution Authorizing the Intent to Participate in the Waste/Recycling Shared Service Program for the Development of a Waste and Recycling Website and Phone App proposed by Sustainable Westchester 19. Resolution Calling for a Public Hearing on Local Law No. 5 of 2018 to Repeal and Replace Chapter 44 of the Pelham Village Code Entitled Filming of Movies 20. Resolution Calling for a Public Hearing on Local Law No. 6 of 2018 to Amend Chapter 2 of the Pelham Village Code Entitled Village Administrator 21. Other Business Recurring Items 22. Authorizing Accounts Payable 23. Authorizing the Minutes of: June 26, 2018 24. Adjournment to Executive Session (if needed) Next Regularly Scheduled BOT Meetings: Tuesday, August 14, 2018 (Summer Schedule) Tuesday, September 11, 2018 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Volpe at 7:30 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 reported the Pelham Examiner is a student run independent newspaper serving the Town of Pelham, and they are doing an excellent job. Mayor Volpe reported in his absence the Village Hall administrative staff did an excellent job . Mayor Volpe thanked the Deputy Mayor for serving as acting Mayor in his absence at the last Board of Trustees meeting on Tuesday, June 26th. Mayor Volpe thanked consultant Patricia Dwyer and Assistant Village Administrator Scelza for their hard work over the past couple of weeks. Trustees’ Report: Trustee Ferrara had nothing to report. ******** Trustee Kagan reported the Village of Pelham filed its response to the ongoing Extenet litigation matter. Trustee Kagan reported he, Trustee Kamal Eldahry, Assistant Village Administrator Scelza, Municipal consultant, Patricia Dwyer, and Chief Pallett met with the Police Benevolent Association to discuss a framework for a long term deal. They have additional meetings scheduled with the Police Benevolent Association in mid-August. ******** Trustee Kamal Eldahry had nothing to report. Page 2 Board of Trustees Regular Meeting Tuesday, July 10, 2018 ******** Trustee Mullen reported the Pelham Fire Department responded to an electrical fire at a residence on Third Avenue. A quick response time coupled with an aggressive attack helped keep the fire contained to its point of origin. Trustee Mullen thanked the Fire Department for their hard work, and excellent service on a limited budget. ******** Trustee Potocki arrived late, and missed the Trustees’ report. ******** Trustee Spira-Cohen reported the first Sustainability Advisory Board meeting went well, and congratulations to the newly appointed co-chairs of the Sustainability Advisory Board Heather Eliezer and Thomas White. Trustee Spira-Cohen commended the Pelham Examiner on their launch. Village Administrator’s Report: N/A Item # 7 – Public Comments There was no public comment. Page 3 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Non-Recurring Items Item # 8 - Appointing Architectural Review Board Member Resolution Appointing Architectural Review Board Member Whereas, Marilyn Zielinski, 60 First Street, tendered her resignation as a member of the Architectural Review Board, said resignation effective July 10, 2018. Now, therefore, be it resolved, that Greg Shunick, 60 First Street, is hereby appointed as a member of the Architectural Review Board expiring March 31, 2019, or until such time as a successor is appointed. Vote Record - Item # 8 – Resolution Appointing Architectural Review Board Member Village of Pelham Board of Trustees Regular Meeting Tuesday, July 10, 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 4 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Item # 9 - Discussion on Ancon/Kings Highway/Boulevard/Colonial/Manor Ridge Intersection Traffic Committee Lou Luglio, from Sam Schwartz Transportation Consultants, presented the new proposal that was developed with input from the traffic committee to improve the Ancon/Kings Highway/Boulevard/Colonial/Manor Ridge intersection. The proposal’s main objective is to create new lines of sight between cars coming from different directions. Mr. Luglio proposed painting a white cross hatch area in the 5-way intersection, install new stop signs with a reflective sign and post for greater visibility along with other changes. An estimate for this project is $15,000. Ancon Avenue: The goal is to improve the line of sight for motorists heading southbound from Ancon Avenue towards Kings Highway:  Move out the stop line,  Install an all way stop sign below the stop sign,  install no parking signs,  paint a crosswalk,  install a standard pedestrian crossing sign. Kings Highway: Similar to Ancon Avenue, addressing the desire to improve visibility in the westbound direction:  Move out the stop line,  Install an all way stop sign below the stop sign,  paint a crosswalk,  install a standard pedestrian crossing sign, Boulevard: Extend the sharp corner where Boulevard and Colonial Avenue converge:  Move out the stop line,  Install an all way stop sign below the stop sign,  install a no right turn sign to discourage sharp right turns onto Colonial Avenue and direct motorists to make right turns onto Manor Ridge road, Colonial Avenue:  Move out the stop line,  Install an all way stop sign below the stop sign,  install a no left turn sign to discourage sharp right turns onto Boulevard and direct motorists to make right turns onto Ancon Avenue. The Board discussed adding orange traffic delineators in the proposed painted area where Boulevard and Colonial Avenue converge. The Ancon/Kings Highway/Boulevard/Colonial/Manor Ridge intersection traffic subcommittee and Mr. Luglio agreed that a crosswalk across Boulevard and Colonial Avenue would be dangerous because the motorists’ line of vision is obstructed, so pedestrians should be directed to utilize the crosswalks at Ancon Avenue and Kings highway. Page 5 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Peter Wies, 230 Ancon Avenue, thanked the Board for allowing the traffic committee to be part of the traffic mitigation plan for the five way intersection. Mr. Wies requested signage to announce there is an upcoming 5 way intersection approaching, and Mr. Luglio said they can add approaching 5 way intersection 200-300 feet in advance. Mayor Volpe requested a new rendering of the traffic and safety assessment to reflect tonight’s discussion. The goal is to have the intersection changes completed by the start of the school year. The Board of Trustees authorized the Mayor to spend an amount not to exceed $25,000 on this traffic and safety project. Page 6 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Item # 10 – Public Hearing Continuation on Site Plan Application at 101 Wolfs Lane Seth Mandelbaum Esq, from McCullough, Goldberger & Staudt, LLP, representing Matriarch Development, reported they have received an inducement resolution in support of the project from the Westchester County Industrial Development Agency (IDA). Mr. Mandelbaum stated the current composition of the development is: (3) studios, (31) one bedroom, (20) two bedroom, and (4) three bedroom duplexes. Mr. Mandelbaum asked the Board of Trustees to consider closing the public hearing this evening, and direct the preparation of resolutions for the Board of Trustees regular meeting on August 14th. Mr. Mandelbaum on behalf of the applicant responded to the outstanding issues with the 101 Wolfs Lane project:  Storm water Management plan: the applicant assured the Mayor that this issue has been resolved and it meets the building department’s requirements  Sewer capacity: At the recommendation of the Planning Board the applicant was instructed to test the sewer capacity. The applicant hired a consultant and work will commence to test the Village’s sewer system to confirm existing flows and capacity both upstream and downstream from the site. The results of these tests need to be given to Board of Trustees by the next Board meeting on August 14th.  Construction Impacts: The applicant submitted and presented their preliminary site logistics plan prepared by GTL construction. They anticipate that a maximum of 28 Village permit parking spaces will be compromised during a six week period (around week 16-22 of construction).  Traffic: The applicant will contribute its reasonable fair share toward any traffic calming measures that the Village decides to install on Sparks Avenue. Mayor Volpe requested clarification on “reasonable fair share”, and Mr. Mandelbaum stated that a traffic study revealed this project will not have an adverse impact on the surrounding road network. Their traffic consultant (Provident Design Engineering) stated that Matriarch development’s reasonable share will be approximately $15,000-$25,000 in traffic calming measures. There are other traffic generators at this intersection, so Matriarch development should not bear 100% of the cost for traffic calming measures.  Project Size: Mayor Volpe stated individuals have expressed concerns about the size of the project. Mr. Mandelbaum stated the project conforms with the BDFZ. Mr. Mandelbaum further stated the project’s economic viability is driven by the number of units, as is the taxes generated for the community.  IDA requirement: In accordance with the IDA policy, the applicant has to provide 5% of the units as affordable workforce units. They will provide one studio, one bedroom, and one two Page 7 Board of Trustees Regular Meeting Tuesday, July 10, 2018 bedroom unit at the 80% AMI/30% rent level. Mr. Mandelbaum stated these affordable units will not will not affect the $160,750 in real estate tax revenue generated by the project to the Village each year, and they anticipate revenue from sales tax from materials.  Easements: Mayor Volpe rejected the $10,882 one-time payment for the 6,844 square foot vehicular access easement over Village property to/from 101 Wolfs lane via Sparks Ave. Mayor Volpe noted the comparable easements from Ginsburg Development and the MTA were different and unique. The other easement for overall consideration is the pedestrian arcade between Wolfs lane and Village Parking lot. Mayor Volpe stated it would not be prudent to close the public hearing at this evening. Mara Kravitz, from Matriarch Development, stated this project will build a strong local economy and revitalize the downtown area of Pelham, so she asked the Board of Trustees to let this project move forward. Matriarch Development is applying for NYSERDA’s Net Zero Energy for economic development program, which will provide the applicant with technical assistance to design an energy efficient building. The applicant is also applying for an Empire State Development grant, which provides funding for economic development initiatives that improve the vitality of local communities. Ms. Kravitz revealed the deadline for the consolidated funding application is Friday, July 27th, so she would like a letter of support for the project from the Board of Trustees. Mayor Volpe said he is willing to write a letter of support. Public Comments Mike Rogers, Hartsdale, spoke in support of the 101 Wolfs Lane development because it offers seniors and empty nesters an option to downsize and remain in Pelham. Mr. Rogers believes this project is forward thinking because it offers empty nesters an opportunity to stay in this community. Greg Shunick, 60 1st Street, spoke in support of the 101 Wolfs Lane development, but enumerated his concerns about the development based on his professional experience as an architect for 31 years: 1. Traffic Impact costs: Mr. Shunick purports that if the current traffic patterns on Sparks Avenue are sufficient then the cost of any future traffic remediation should be endured by Matriarch Development. 2. Easements: Mr. Shunick noticed that developments with easements over time add a gate or some sort of control element, and he recommends a renewal term on the easement, so it can still be a community benefit. 3. Community space: Mr. Shunick recommends the Board of trustees limit the development to the 58 units in perpetuity, so the developer does not convert the community space on the top floor into additional units. Gwen Miller-Tapogna, 175 Sparks Avenue, spoke in support of development, but expressed concerns about the project. Ms. Miller-Tapogna stated the traffic study conducted by Provident Design Engineering did not address the traffic concerns regarding pedestrian and vehicle safety on Page 8 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Sparks Avenue. Ms. Miller-Taponga believes Matriarch development should contribute to traffic calming measures because they are requesting a vehicular access easement through Village property. Ms. Miller-Taponga noted under the BDFZ, the Village can require Matriarch development to supply a pedestrian easement through their property, so it is not a true benefit to the Village. Ms. Miller-Taponga also wondered how Pico Electronics can accommodate the new cars during the project’s construction. Ms. Miller-Taponga expressed concerns about the Village’s sewer system being tested in the summer when less people are around, so the results may not be accurate. Lily Evans, former Pelham resident of 132 Highbrook Avenue, wrote a letter in support of the 101 Wolfs lane development, because she is one of the target populations. Currently, she cannot afford to live in Pelham, so this development will present a housing alternative for millennials like herself. Chris Loxley, 18 Manning Circle, spoke in support of this development, but asked the Board of Trustees to consider what sort of precedent this development will set for the rest of the community in terms of its size. Mr. Loxley also expressed concerns about the site plan application being incomplete, and Mayor Volpe assured him the Board of Trustees is being diligent with Matriarch’s site plan application. Brian Byrne, 4 Manning Circle, believes this development will exacerbate the traffic problems on Sparks Avenue/Manning Circle. Mr. Byrne advised Mayor Volpe to carefully word his letter, so it will not be misinterpreted as a letter of project approval. Todd Cross, 5 Manning Circle, expressed concerns about the traffic this project will generate on Sparks Avenue/ Manning Circle, and Mayor Volpe stated Village Administrative staff will get estimates for pedestrian walkways—3 crosswalks and a cross hatching at these intersections. Bruce Harris, 250 Eastland Avenue, asked about the Board of Trustees’ vision for the Village of Pelham with respect to development, and Mayor Volpe stated the Board carefully reviews projects and their impact on the community. The Board of Trustees is addressing the deficiencies in the community as outlined in the Village’s 2008 Comprehensive plan, which indicated a need for variety in housing. Audrey Beerman, 981 Split Rock Road, spoke in support of the development, and believes it is an opportunity to revitalize the downtown area and attract people to the community. Edna Mutschler, 174 Sparks Avenue, spoke in support of the development, but would like the Board to consider the impact on the school district. Mayor Volpe stated the public hearing will remain open for the next Board of Trustees meeting on Tuesday, August 14th. Mayor Volpe will consider Mr. Mandelbaum’s request for a work session on Monday, July 30th, and Mayor Volpe will ask Ms. Bourne (Planning Consultant) and Mr. Spolzino (Land use counsel) to attend the work session. Page 9 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Item # 11 – Discussion on Gun Safety Legislation Trustee Kamal Eldahry led the discussion on the gun safety legislation. The Board still needs to review the relevant laws, and decide which are the most appropriate for the Village of Pelham. The Giffords Law Center is working with the Village of Pelham, so the Board will prioritize actions that will best serve the community. There are two sets of laws protecting the Village of Pelham: Westchester county safe storage law and the New York State SAFE Act. Westchester County Safe Storage law:  A county ordinance that requires home owners to store guns at home safely  Safety locks or safe storage depositories required  Outlines requirements for a weapon’s transfer in terms of location and individual ownership  Notices to handgun licensees and the public  Penalties NYS SAFE ACT of 2013  It is a state level ordinance that regulates the purchase, possession, transfer, and storage of certain firearms, devices, and ammunition  Requires people to store firearms safely, but only if the gun owner is living with an individual that is banned from owning a gun  It expanded the ban on assault weapons and clarified the definition of an assault weapon, which is a long gun hunting rifle with a detachable magazine or pistol grip.  Limits the amount of magazines sold  Limits ammunition sales  Creates a database for universal background checks  Limits private firearm sales  Prohibiting individuals with mental health issues from owning a firearm  Increased criminal penalties  Bans internet sales of ammunition, but in 2015, Governor Cuomo entered in a MOU where it stipulated that internet sales of ammunition would not be vigorously enforced due to the lack of adequate technology Michael Chandler, 206 Ancon Avenue, as a gun owner and a federal firearms license holder, Mr. Chandler is familiar with gun regulations. Mr. Chandler clarified that ammunition sales have to be done in person, and the aforementioned database would have been an expensive endeavor for the State, so they did not move forward with it. There are no background checks for any ammunition sales because they would be an expensive undertaking as well. Trustee Kamal Eldahry stated she would have to research the matter further. Mr. Chandler offered to lend his expertise and prospective as a gun owner for the Village’s gun safety legislation. Trustee Kamal Eldahry stated there are loopholes to gun purchases for instance, a 16 year old teen can legally purchase and use a long gun or rifle. Trustee Kamal Eldahry would like to raise the long gun/rifle age to 21. Trustee Kamal Eldahry stated the Board will focus on: Page 10 Board of Trustees Regular Meeting Tuesday, July 10, 2018  prohibiting the open carry of firearms  prohibiting the discharge of a firearm in the village  prohibiting concealed carry of firearms  prohibiting firearms sales near schools, playgrounds, and places of worship Trustee Kagan said the Board will discuss these items with the GIffords Law Center. Trustee Kagan will review the Village of Rye Brook’s legislation and then produce his own draft to present to the Board. Page 11 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Item # 12 - Authorizing the Submittal of an LJ3 to the Westchester County Department of Human Resources Creating Police Officer Positions in the Village of Pelham Police Department Trustee Kagan stated this resolution authorizes 19 Police Officer positions, but it does not mean the Village will hire two Police officers. This resolves the issue with recent contingent promotions and officers hired on a probationary basis in the Police Department. The Police officers promoted may return to their former positions when they are on probation, and without the 2 extra positions the police officers who backfilled the vacated positions would not have a slot to occupy. Resolution Authorizing the Submittal of an LJ3 to the Westchester County Department of Human Resources Creating Police Officer Positions in the Village of Pelham Police Department Whereas, the Village of Pelham (“Village”) is currently authorized by the Westchester County Department of Human Resources to have seventeen (17) Police Officer positions; and Whereas, the Village desires to create two (2) additional Police Officer positions bringing the authorized total to nineteen (19); and Whereas, pursuant to New York State Civil Service Law § 22 the Village must submit Form LJ-3 New Position Duties Statement to the Westchester County Department Human Resources for review and approval. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the submission of the attached Form LJ-3 New Position Duties Statement to the Westchester County Department of Human Resources to create two (2) additional Police Officer positions in the Village of Pelham Police Department; and Be it further resolved, that the Mayor, Interim Village Administrator and Police Chief are authorized to take the necessary steps to effectuate this resolution. Vote Record- Item # 12 -Resolution Authorizing the Submittal of an LJ3 to the Westchester County Department of Human Resources Creating Police Officer Positions in the Village of Pelham Police Department Village of Pelham Board of Trustees Regular Meeting Tuesday, July 10, 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 second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 12 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Item # 13 - Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department Resolution Authorizing the Appointment of a Police Officer 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 Mohamed Kamel of Pelham, NY to the position of Police Officer (5th Grade) from Civil Service Eligible List # 69-547, effective Monday, July 30, 2018 at an annual salary of $67,903.00 subject to the requirements of Westchester County Civil Service, the current Village of Pelham Police Department Collective Bargaining Agreement, Village of Pelham Employee Handbook and any other applicable regulations in place and for a probationary period of eighteen (18) months; and Be it further resolved, that the Mayor, Interim Village Administrator and Police Chief are authorized to take the necessary and appropriate actions to effect this appointment. Vote Record - Item # 13 – Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department Village of Pelham Board of Trustees Regular Meeting Tuesday, July 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 ☒ ☐ ☐ ☐ Page 13 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Item # 14 - Authorizing a Temporary Appointment to the Position of Village Administrator Trustee Kagan commended Mr. Scelza on his performance in keeping the Village of Pelham running smoothly. Trustee Mullen stated Mr. Scelza is an excellent employee. Resolution Authorizing a Temporary Appointment to the Position of Village Administrator Whereas, John Gallagher tendered his resignation as Village Administrator effective May 16, 2018. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Christopher Scelza of Ossining, New York, effective July 9, 2018, as Interim Village Administrator pursuant to the provisions of Section 2 of the Pelham Village Code, at an annual salary of $75,000.00 subject to the requirements of Westchester County Civil Service and with no other modifications to the terms and conditions of his employment. Vote Record - Item # 14 – Resolution a Temporary Appointment to the Position of Village Administrator Village of Pelham Board of Trustees Regular Meeting Tuesday, July 10, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara second ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 14 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Item # 15 - Authorizing the Provisional Appointment of a Superintendent of Public Works/Building Inspector Resolution Authorizing the Provisional Appointment of a Superintendent of Public Works/Building Inspector Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the provisional appointment by the Mayor of Joseph C. Senerchia of Pelham Manor, NY to the position of Superintendent of Public Works/Building Inspector, effective Wednesday, July 11, 2018 at an annual salary of $115,000.00 subject to the requirements of Westchester County Civil Service and the Village of Pelham Employee Handbook; and Be it further resolved, that the Mayor and Interim Village Administrator are authorized to take the necessary and appropriate actions to effect this appointment. Vote Record - Item # 15 – Resolution Authorizing the Provisional Appointment of a Superintendent of Public Works/Building Inspector Village of Pelham Board of Trustees Regular Meeting Tuesday, July 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 second ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 15 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Item # 16 – Authorizing the Appointment of a Part-Time Assistant Building Inspector Resolution Authorizing the Appointment of a Part-Time Assistant Building Inspector Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of James C. Morris, P.E. of New Rochelle, NY to the position of Part-Time Assistant Building Inspector, effective Monday, July 16, 2018 at the rate of $35.00 per hour for approximately 17 hours per week, subject requirements of Westchester County Civil Service; and Be it further resolved, that the Mayor and Interim Village Administrator are authorized to take the necessary and appropriate actions to effect this appointment. Vote Record - Item # 16 – Resolution Authorizing the Appointment of a Part-Time Assistant Building Inspector Village of Pelham Board of Trustees Regular Meeting Tuesday, July 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 second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 16 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Item # 17 - Authorizing the Execution of an Energy Services Program Master Cost Recovery Agreement for LED Streetlights with the New York Power Authority Mayor Volpe thanked Trustee Spira-Cohen and Interim Village Administrator Scelza for their hard work. Trustee Kagan asked about the design of the street lights, and Trustee Spira-Cohen stated the design cost is included in the proposal. Trustee Spira-Cohen hopes the Sustainability Advisory Board will serve as a conduit for getting public input and in the dissemination of information on the LED street light process. Trustee Kagan would like this service to be added to the Village’s ongoing list of shared services. The Board hopes to complete the LED street light conversion process by the end of the calendar year. Resolution Authorizing the Execution of an Energy Services Program Master Cost Recovery Agreement for LED Streetlights with the New York Power Authority Whereas, New York Power Authority (“NYPA”) is offering through its Energy Services Program, an LED street lighting project to the Village of Pelham (“Village”); and Whereas, the project will replace the Village’s existing street lights with energy efficient LED street lights reducing the maintenance and operating expenses and enhance the visibility and safety of the roadways and will help improve the community’s environment by reducing the Village’s carbon footprint; and Whereas, the Village would like to retrofit more than 489 street lights in the Village with the energy efficient LED street lights; and Whereas, NYPA has worked with lighting efficiency projects for man two decades and will provide a single point-of-contact throughout the project, from development, design, bidding and procurement to construction; and Whereas, funding is available in the Villages Capital Budget Account # H.5900.300. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor to execute the attached Energy Services Program Master Cost Recovery Agreement with the New York Power Authority to undertake an LED street lighting project for the Village of Pelham in amount not to exceed $163,896.00. Vote Record- Item # 17 - Resolution Authorizing the Execution of an Energy Services Program Master Cost Recovery Agreement for LED Street Lighting Project with the New York Power Authority Village of Pelham Board of Trustees Regular Meeting Tuesday, July 10, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ Page 17 Board of Trustees Regular Meeting Tuesday, July 10, 2018 ☐Withdrawn Trustee Mullen motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen second ☒ ☐ ☐ ☐ Page 18 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Item # 18 - Authorizing the Intent to Participate in the Waste/Recycling Shared Service Program for the Development of a Waste and Recycling Website and Phone App proposed by Sustainable Westchester Trustee Mullen stated this is a proposed shared service through Sustainable Westchester, so the Village of Pelham will get the ReCollect module at a reduced rate for $1,700.00 instead of $3,000.00. Trustee Mullen stated the intent to participate is a non-binding resolution, and the Board will review the terms of the contract at a later date. Trustee Mullen believes it will be beneficial for the Village to license the ReCollect module because the Village can maintain the continuity of communications. Resolution Authorizing the Intent to Participate in the Waste/Recycling Shared Service Program for the Development of a Waste and Recycling Website and Phone App proposed by Sustainable Westchester Be it resolved, that the Board of Trustees of the Village of Pelham hereby expresses its intent to participate in the Waste/Recycling shared service program as proposed by Sustainable Westchester and described in the documentation submitted to the Board of Trustees, subject to the final review of the service agreement. Vote Record- Item # 18 - Resolution Authorizing the Intent to Participate in the Waste/Recycling Shared Service Program for the Development of a Waste and Recycling Website and Phone App proposed by Sustainable Westchester Village of Pelham Board of Trustees Regular Meeting Tuesday, July 10, 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 ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen motion ☒ ☐ ☐ ☐ Page 19 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Item # 19 - Calling for a Public Hearing on Local Law No. 5 of 2018 to Repeal and Replace Chapter 44 of the Pelham Village Code Entitled Filming of Movies Trustee Mullen stated a provision was added that prohibits filming on weekends and holidays unless approved by the Mayor or his/her designee. The new filming code will modernize the current code for filming in residential and commercial areas. The goal of this law is to make Pelham a film friendly community. A public hearing on Local law No. 5 of 2018 is scheduled for the next Board of Trustees regular meeting on Tuesday, August 14th. Resolution Calling for a Public Hearing on Local Law No. 5 of 2018 to Repeal and Replace Chapter 44 of the Pelham Village Code Entitled Filming of Movies Be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, August 14, 2018 at 7:30 p.m. or soon thereafter at Village Hall, 195 Sparks Avenue, Pelham NY 10803 to consider a proposed local law to repeal and replace Chapter 44 of the Village Code, entitled Filming of Movies; and Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing pursuant to Village Law. Vote Record- Item #19 - Resolution Calling for a Public Hearing on Local Law No. 5 of 2018 to Repeal and Replace Chapter 44 of the Pelham Village Code Entitled Filming of Movies Village of Pelham Board of Trustees Regular Meeting Tuesday, July 10, 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 second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 20 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Item # 20 - Calling for a Public Hearing on Local Law No. 6 of 2018 to Amend Chapter 2 of the Pelham Village Code Entitled Village Administrator Resolution Calling for a Public Hearing on Local Law No. 6 of 2018 to Amend Chapter 2 of the Pelham Village Code Entitled Village Administrator Be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, August 14, 2018 at 7:30 p.m. or soon thereafter at Village Hall, 195 Sparks Avenue, Pelham NY 10803 to consider a proposed local law amending Chapter 2 of the Village Code, entitled Village Administrator; and Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing pursuant to Village Law. Vote Record- Item # 20 - Resolution Calling for a Public Hearing on Local Law No. 6 of 2018 to Amend Chapter 2 of the Pelham Village Code Entitled Village Administrator Village of Pelham Board of Trustees Regular Meeting Tuesday, July 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 ☒ ☐ ☐ ☐ Page 21 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Item # 21 – Other Business Traffic Light Trustee Potocki stated the Village of Pelham needs to reach out to Mount Vernon concerning the twisted traffic light in the southbound direction on the Hutchinson River Parkway by East Third Street. Fire Chief’s Vehicle Trustee Mullen stated Fire Chief DiNapoli needs a new vehicle because his current vehicle is 20 years old. Trustee Mullen will be looking for a deal on a slightly used vehicle to offset the cost of the purchase. Trustee Mullen will look into this matter further. Page 22 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Recurring Items Item # 22 - Authorizing the Accounts Payable Trustee Potocki 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 $72,675.17 Capital Projects Fund $0.00 Trust and Agency Fund $0.00 TE Private Purpose Trust Fund $0.00 Grand Total $72,675.17 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Vote Record- Item # 22 – Resolution Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, July 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 23 Board of Trustees Regular Meeting Tuesday, July 10, 2018 Item # 23 – Authorizing the Minutes of June 26, 2018 Vote Record- Item # 23 – Authorizing the Minutes of June 26, 2018 Village of Pelham Board of Trustees Regular Meeting Tuesday, July 10, 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 ☒ ☐ ☐ ☐ Item # 24 – Adjournment to Executive Session (if needed) The public portion of the Board meeting was adjourned at 10:25 pm for the evening. Vote Record- Item # 24 – Adjournment to Executive Session (if needed) Village of Pelham Board of Trustees Regular Meeting Tuesday, July 10, 2018 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☐ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☐ ☐ ☐ ☐ Amended Trustee Kagan ☐ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☐ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen ☐ ☐ ☐ ☐ Trustee Potocki ☐ ☐ ☐ ☐ Trustee Spira- ☐ ☐ ☐ ☐ Cohen Respectfully Submitted, Yari Fernandez Administrative Intern Page 24

Agenda

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JULY 10, 2018, 7:30 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY 10803 AGENDA 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 Architectural Review Board Member 9. Discussion on Ancon/Kings Highway/Boulevard/Colonial/Manor Ridge Intersection Traffic Committee 10. Public Hearing Continuation on Site Plan Application at 101 Wolfs Lane 11. Discussion on Gun Safety Legislation 12. Resolution Authorizing the Submittal of an LJ3 to the Westchester County Department of Human Resources Creating Police Officer Positions in the Village of Pelham Police Department 13. Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department 14. Resolution Authorizing a Temporary Appointment to the Position of Village Administrator 15. Resolution Authorizing the Provisional Appointment of a Superintendent of Public Works/Building Inspector 16. Resolution Authorizing the Appointment of a Part-Time Assistant Building Inspector 17. Resolution Authorizing the Execution of an Energy Services Program Master Cost Recovery Agreement for LED Streetlights with the New York Power Authority 18. Resolution Authorizing the Intent to Participate in the Waste/Recycling Shared Service Program for the Development of a Waste and Recycling Website and Phone App proposed by Sustainable Westchester 19. Resolution Calling for a Public Hearing on Local Law No. 5 of 2018 to Repeal and Replace Chapter 44 of the Pelham Village Code Entitled Filming of Movies 20. Resolution Calling for a Public Hearing on Local Law No. 6 of 2018 to Amend Chapter 2 of the Pelham Village Code Entitled Village Administrator 21. Other Business Recurring Items 22. Authorizing Accounts Payable 23. Authorizing the Minutes of: June 26, 2018 24. Adjournment to Executive Session (if needed) Next Regularly Scheduled BOT Meetings: Tuesday, August 14, 2018 (Summer Schedule) Tuesday, September 11, 2018 All meetings start at 7:30 p.m. unless otherwise noted. *The Agenda is subject to change.*

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