Mayor & Village Board of Trustees
Regular MeetingPelham, NY · August 14, 2018
Minutes
VILLAGE OF PELHAM BOARD OF TRUSTEES
REGULAR MEETING
TUESDAY, AUGUST 14, 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. Interim Village Administrator’s Report
7. Public Comments
# Agenda Items:
Non-Recurring Items
8. Resolution Authorizing the Promotion of a Police Sergeant to Police Lieutenant in the
Village of Pelham Police Department
9. Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham
Police Department
10. Resolution Authorizing Memorandum of Understanding with Sustainable Westchester,
Inc., for the Continuation of the Community Choice Aggregation Program (7:45 p.m. to
8:00 p.m.)
11. Public Hearing Continuation on Site Plan Application at 101 Wolfs Lane (8:00 p.m. to
8:30 p.m. Public Comment Only)
12. Public Hearing on Local Law No. 5 of 2018 to Repeal and Replace Chapter 44 of the
Pelham Village Code Entitled Filming of Movies
13. Resolution Adopting Local Law No. 5 of 2018 to Repeal and Replace Chapter 44 of the
Pelham Village Code Entitled Filming of Movies
14. Public Hearing on Local Law No. 6 of 2018 to Amend Chapter 2 of the Pelham Village
Code Entitled Village Administrator
15. Resolution Adopting Local Law No. 6 of 2018 to Amend Chapter 2 of the Pelham Village
Code Entitled Village Administrator
16. Resolution Authorizing Street Fair (Wolfs Walk) on Saturday, September 8, 2018
17. Resolution Authorizing Online Payment Property Tax Billing System
18. Resolution Authorizing Traffic Engineering Services Proposal from Sam Schwartz
Engineering, DPC., for Intersection Improvements at Boulevard/Colonial Avenue/Ancon
Avenue
19. Resolution Adopting Policy and Procedure for Special Overtime Assignments in the
Village of Pelham Police Department
20. Resolution Appointing Interim Village Treasurer
21. Other Business
Recurring Items
22. Authorizing Accounts Payable
23. Authorizing the Minutes of: July 10, 2018
24. Adjournment to Executive Session (if needed)
Next Regularly Scheduled BOT Meetings:
Monday, September 10, 2018
Tuesday, September 25, 2018
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Item # 1 – Meeting called to order:
The meeting of the Board of Trustees was called to order by Mayor Volpe at 7:32 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 ☒ ☐ ☐
Interim Village Administrator Scelza ☒ ☐ ☐
Village Attorney Smith ☐ ☒ ☐
Administrative Intern Fernandez ☒ ☐ ☐
Mayor’s Report:
Mayor Volpe reported school will be in session soon, so he advises residents to drive carefully.
Mayor Volpe reported the Knights of Columbus will be hosting a bocce tournament across from the
Pelham Picture House.
Mayor Volpe asked the Pelham School Board to give students a half day, so they can attend the 9/11
Remembrance ceremony.
Mayor Volpe reported the Village had a preliminary audit over the summer, which revealed the
fund balance was reduced by $421,616.00 and the Village has an unencumbered fund balance of
$1,954,158.00, and overall it was good. Fiscal Year 2018-19, the fund balance was reduced by
another $250,000.00 with a remaining fund balance of $1,704,158.00, which is around 11% of the
total budget which is lower than the NYS Fiscal Stress Designation.
Mayor Volpe announced two presentations will be held in September on the RFP issued for the
public-private partnership for the redevelopment of municipal facilities.
Mayor Volpe announced the Board of Trustees regular meeting on Tuesday, September 11th may be
moved to Monday, September 10th, but they need to discuss the possible meeting dates with the
other Village Board of Trustees. Mayor Volpe stated the future meeting date will be posted on the
website, so please check it periodically.
Page 2
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Mayor Volpe reported a large sinkhole at Young Avenue Field, and the remediation and releveling of
the entire field is estimated to cost $150,000.00-$200,000.00. Young Avenue field shall remain closed
until the Board of Trustees decides on how to proceed with this matter.
Trustees’ Report:
Trustee Ferrara was absent.
********
Trustee Kagan reported Chief Pallett and Lieutenant Green are up to speed and building on the
strong foundations of their predecessors. The Board recently interviewed several excellent
candidates for an opening in the police department, and tonight they will swear in a new police officer.
Trustee Kagan reported the Village had their second contract negotiation meeting with the PBA today
and hopefully they can reach a favorable outcome.
Trustee Kagan reported the Village is moving to dismiss the case with Extenet on the grounds that
Extenet’s lawsuit is unconstitutional because they are infringing on state and local rights. The Village
will next appear before a magistrate the week of August 27th.
********
Trustee Kamal Eldahry was absent.
********
Trustee Mullen announced the Town of Pelham’s 9/11 Remembrance will be held on Tuesday,
September 11 at 8:30 am at the Gazebo.
Trustee Mullen announced the MyVOP mobile application will be officially launching in the fall. It is
currently available on the apple store and google play, so please download it and give us feedback by
taking the survey inside the app.
********
Trustee Potocki was absent.
********
Trustee Spira-Cohen reported Solarize Pelham Campaign signed a total of 39 residential contracts.
Trustee Spira-Cohen reported the Sustainability Advisory Board (SAB) held its second meeting earlier
this month where they participated in a dialogue with members of the Dobbs Ferry Sustainability Task
force. The Sustainability Advisory Board is currently investigating different evaluation frameworks to
analyze new and existing Sustainability initiatives for the Village. At the next meeting, they will
present information on the STAR community rating system, the nation’s leading framework and
certification program for local sustainability. The SAB is looking into Sustainable Westchester’s
complete streets initiative to make travel safer and more comfortable for all users regardless of the
mode of transportation.
Page 3
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Interim Village Administrator’s Report:
Interim Village Administrator Scelza had nothing to report.
Item # 7 – Public Comments
There was no public comment.
Page 4
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Non-Recurring Items
Item # 8 - Authorizing the Promotion of a Police Sergeant to Police Lieutenant in the Village of
Pelham Police Department
Resolution Authorizing the Promotion of a Police Sergeant to Police Lieutenant 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
promotion and appointment of Danny Green of Pelham, NY to the position of Police Lieutenant from
Westchester County Civil Service Eligible List # 78-093, effective Wednesday, August 15, 2018 at an
annual salary of $130,000.00 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 execute the attached Terms of Employment Letter with Police Lieutenant Danny Green; 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 # 8 – Resolution Authorizing the Promotion of a Police Sergeant to Police
Lieutenant in the Village of Pelham Police Department
Village of Pelham Board of Trustees Regular Meeting Tuesday, August 14, 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 ☒ ☐ ☐ ☐
Page 5
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Item # 9 - 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
Westchester Civil Service Eligible List # 69-547, effective Wednesday, August 15, 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 # 9 – Resolution Authorizing the Appointment of a Police Officer in the Village
of Pelham Police Department
Village of Pelham Board of Trustees Regular Meeting Tuesday, August 14, 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 6
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Item # 10 – Authorizing Memorandum of Understanding with Sustainable Westchester, Inc., for
the Continuation of the Community Choice Aggregation Program (7:45 p.m. to 8:00 p.m.)
Dan Welsh, Program Director, Westchester Power/Sustainable Westchester, updated the Board
on the current status/success of the program. The program has yielded financial savings and
significant environmental benefits for the customers using the 100% renewable energy supply.
Customers in the Village of Pelham saved approximately $250,000.00 and avoided 8,554 tons of
carbon dioxide, which is the equivalent of 1,800 cars taken off the road for a year. The Village of
Pelham program totals are:
Standard and Renewable Supply
Supply Savings-$93,473
Sales Tax Avoidance-$102,647
Bill and Processing Payment-$44,665
Standard Savings
Residential-$259.66
Commercial-$26.88
Renewable Supply Savings
Residential-$235.13
Commercial-$135.06
Mr. Welsh stated the first contract for the municipalities in the Con Edison utility territory will expire on
December 31, 2018; the Village of Pelham needs to sign the Memorandum of Understanding by
August 31st to continue their participation in the program. Westchester Power will issue the RFP in
early September, to request fixed rates and solicit two product types: a standard grid supply and a
100% renewable product.
Trustee Kagan was pleased to see actionable data from their participation in the program that
highlighted the cost savings and environmental benefits; Trustee Kagan thanked Sustainable
Westchester for all of their hard work. Trustee Kagan expressed concerns about receiving non-
compliant bids, and Mr. Welsh stated the participating program members will have to decide on how
to proceed.
John Cassone, 7th Avenue, asked if there is an upcoming campaign to enroll the individuals that
opted out of the program initially, and Mr. Welsh stated people can join at any time, and perhaps, the
Sustainability Advisory Board can take up this cause.
Resolution Authorizing Memorandum of Understanding with Sustainable Westchester, Inc., for
the Continuation of the Community Choice Aggregation Program
Whereas, the Village of Pelham previously adopted a Resolution dated November 3, 2015 agreeing
to enter into an agreement with Sustainable Westchester authorizing the Mayor to execute any and
all documents with respect to the Community Choice Aggregation Program in Westchester County
Page 7
Board of Trustees Regular Meeting Tuesday, August 14, 2018
which would allow the Village Board to participate in a program with Sustainable Westchester to
procure energy supply from energy services companies for the residents of the Village; and
Whereas, the program is set to expire on December 31, 2018; and
Whereas, the Village of Pelham wishes to continue its participation in the program beyond the
December 31, 2018 expiration date.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes
the Mayor to execute a Memorandum of Understanding (attached hereto and made a part hereof)
with Sustainable Westchester, Inc., and any and all documents required to continue the Community
Choice Aggregation Program in the Village of Pelham.
Vote Record - Item # 10 – Resolution Authorizing Memorandum of Understanding with Sustainable
Westchester, Inc., for the Continuation of the Community Choice Aggregation Program
Village of Pelham Board of Trustees Regular Meeting Tuesday, August 14, 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 ☒ ☐ ☐ ☐
Page 8
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Item # 11 – Public Hearing Continuation on Site Plan Application at 101 Wolfs Lane (8:00 p.m.
to 8:30 p.m. Public Comment Only)
Seth Mandelbaum Esq, from McCullough, Goldberger & Staudt, LLP, representing Matriarch
Development, stated his recent written submission to the Board of Trustees addressed some of the
issues brought up in the July 30th work session. The upstream and downstream sanitary sewer study
has been completed, the results were submitted to Sam Schwartz, and found acceptable. MatriArch
development would like to request that the Board of Trustees consider closing the public hearing this
evening, and agree to the proposed terms, which they believe are fair and adequate, and consider
the preparation of approval resolutions. Mayor Volpe stated they will take that into consideration, but
first they want to hear public comment.
Steve Robbins, 105 Wolfs Lane, Rockwells Restaurant, supports the 101 Wolfs Lane
Development, but believes the easement will negatively impact street parking around Wolfs Lane and
place an encumbrance on Village property for future development. Mr. Robbins feels the developers
need to build less units or add more parking spaces.
Gwen Miller Taponga,175 Sparks Avenue, had some concerns about the 101 Wolfs lane
development. Ms. Miller Taponga believes the $10,000.00 offer for reimbursement amount for the fair
share traffic improvements is inadequate, and traffic improvement costs need to be determined
before an agreement is made. Ms. Miller Taponga would like the consultant report on the storm
water/sanitary sewer system to be made available to the public, and Mayor Volpe it will be posted on
the website as soon as it is available. Ms. Miller Taponga noted the construction staging could be
contained on site similar to other urban sites in New York City. She expressed concerns over the
trash enclosure access is over a curb cut, so perhaps this item needs more work. Ms. Miller Taponga
is concerned the developer is proposing to add five additional units at this late stage in the process.
Penelope Urquhart,163 Sparks Avenue, expressed concerns about the additional five units
proposed. Ms. Urquhart asked if there is a limit on the number of units allowed to be built on this site
and if there are designated units for senior citizens. Mayor Volpe stated under the BDFZ, the number
of units is determined by the percentage of the lot coverage, height restrictions, and the size of the
apartments. Mayor Volpe stated the Board carefully considered age restricted housing, but currently
it is not economically feasible in the Village due to the limited space. Ms. Urquhart asked if a multi-
tiered parking garage was proposed to address the parking problems this development may
generate. Mayor Volpe stated an RFP was issued for the redevelopment of municipal facilities, and
two developers responded to the RFP, and they may propose a multi-tiered parking lot.
John Cassone, 7th Avenue, stated this lot has not been developed since the 1970s, and previously
proposed projects have failed, so he would like to see this empty lot developed. Mr. Cassone
commends the land use board on their service, and asked the Board of Trustees to keep the Village’s
best interest in mind.
Page 9
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Todd Cross, 5 Manning Circle, stated the development will adversely affect the families of Sparks
Ave and Manning Circle through decreased home values, school overpopulation, and traffic
congestion. Mr. Cross expressed concerns on how this development may affect school zoning in the
future, and Mayor Volpe encouraged Mr. Cross to talk to the Board of Education about school zoning
issues.
Walter Wright, 24 Manning Circle, asked if Village taxes will decrease because of the 101 Wolfs
lane development, and Mayor Volpe stated no, but the development will generate value through
additional taxes to the Village estimated at around $150,000.00.
Mayor Volpe stated the easement issue is still outstanding, but the Board would like to reserve the
right to build a multi-tiered parking garage. Mr. Mandelbaum said the easement can be relocated in
the future in order to facilitate the potential development of the municipal property as long as they can
access their parking garage. Mr. Mandelbaum addressed some of the statements regarding parking
and the number of units; Under the BDFZ, the proposed development must provide one parking
space per dwelling unit for residential uses, and one parking space per 200 square feet for
commercial uses. The updated plan reflects the new configuration with the proposed (5 additional
units) 63 units, and the 64 parking spaces in the parking garage for the residential units; 12 parking
spaces in the garage for the retail space; and 2 on street spaces on Wolfs Lane are compliant with
the zoning requirements. MatriArch development is also proposing to purchase 8 additional parking
space in perpetuity in municipal lot 7 for the retail space. Mr. Mandelbaum stated the number of two
bedroom units decreased and the studio/one bedroom units increased, so it will yield less school age
children. MatriArch development will reconfigure the municipal parking lot, so it is ADA compliant. Mr.
Mandelbaum said because this is a transit oriented development, less residents will need parking
spaces.
Mayor Volpe stated the Board cannot respond to MatriArch development’s new proposal because
three Village Trustees are absent, but he believes their proposal is inadequate and he is not inclined
to apply the BDFZ. Mayor Volpe will not grant site plan approval because of the following:
Issues raised by the business community
Financial projections of future residents and construction workers
Satisfactory monetary amount for the easement and remediation proposal
Easement in perpetuity
Parking issues
The development’s impact on services, community, and the school district
The public hearing will remain open until the next meeting. Trustee Kagan stated with the additional
five units MatriArch development will receive an additional $163,000.00 annually in rent at current
rates, so their payment period and amount to the Village seems quite low. Trustee Spira-Cohen
stated the $10,000.00 amount for the fair share traffic improvements is quite low, and Ms. Kravitz
appreciates the feedback, and looks forward to working together. Trustee Spira-Cohen suggested
implementing a bike rack or rental care service to dissuade the use of vehicles. Ms. Kravitz said they
looked into zip car and will continue to explore sustainable options for their building.
Page 10
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Item # 12 - 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 the goal of the new filming code is to make the Village of Pelham film friendly.
Westchester County has become a hotspot for film production, and the Village of Pelham is missing
out on the cultural and economic benefits. The Village of Pelham has embarked on a 15 month
process to repeal and replace chapter 44 of the film code with input from the Westchester County film
office, the Pelham Police Chief, Village Clerk, Village Attorney, and Deputy Mayor Kagan to
modernize and incorporate best practices for the new filming code. In repealing and replacing chapter
44 of the code, the Village of Pelham is:
Modernizing the code
Overhauling the process with new forms and information on the website
Adjusting the fee schedule to align with the size of the project
Adding protection for residents such as advance notice, and imbuing the Mayor with the power
to place a moratorium on filming in any particular area
Mayor Volpe said residents have expressed their concerns about filming around schools, and how it
may affect parking, and Mayor Volpe stated the Village will not authorize filming on a school day.
Trustee Mullen stated if we do not pass this local law then we will not have the explicit authority to
direct the time, place, and manner of every production. Mayor Volpe thanked Trustee Mullen, Village
Attorney Ed Smith, Police Chief Jason Pallett, Village Hall administrative staff, and the Westchester
County Film Office for all of their hard work.
Page 11
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Item # 13 - Adopting Local Law No. 5 of 2018 to Repeal and Replace Chapter 44 of the Pelham
Village Code Entitled Filming of Movies
Resolution Adopting Local Law No. 5 of 2018 to Repeal and Replace Chapter 44 of the Pelham
Village Code Entitled Filming of Movies
Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to repeal and
replace Chapter 44 of the Pelham Village Code entitled Filming of Movies; 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 August 14, 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. 5 of 2018 to repeal and replace
Chapter 44 of the Pelham Village Code entitled Filming of Movies;
2. The Board of Trustees directs the Village Clerk and Interim Village Administrator to prepare
said Law for filing with the Secretary of State; and
Be it further resolved, that the Board of Trustees of the Village of Pelham hereby adopts the
following Fee Schedule pursuant to Chapter 44 of the Pelham Village Code:
Description of Fee Fee
Permit Fee $500/day for crew* of 10 or fewer
people
$2000/day for crew of 11 or more
people
Facilities Maintenance Fee (utilization $200/hour
of Village-owned facility or property)
Parking Fees $25/space/day
Security Deposit Up to $2,500 refundable deposit or
bond, determined on a case-by-case
basis
Expedited Processing Fee $500
*Size of crew shall be based on total number of actors, extras, crew and all other personnel expected to be
present at each location during the filming, regardless of position name or title
Page 12
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Vote Record - Item # 13 – Resolution Adopting 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, August 14, 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 ☒ ☐ ☐ ☐
Page 13
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Item # 14 – Public Hearing on Local Law No. 6 of 2018 to Amend Chapter of the Pelham Village
Code Entitled Village Administrator
The public hearing was opened after a motion by Trustee Spira-Cohen and seconded by Trustee
Mullen, vote 4-0-3.
The public hearing was opened after a motion by Trustee Kagan and seconded by Trustee Spira-
Cohen, vote 4-0-3.
Trustee Potocki, Trustee Ferrara, and Trustee Kamal Eldahry were absent.
Page 14
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Item # 15 – Adopting Local Law No. 6 of 2018 to Amend Chapter 2 of the Pelham Village Code
Entitled Village Administrator
A technical change was made to local law No. 6 to comply with Westchester Civil Service Law.
Resolution Adopting Local Law No. 6 of 2018 to Amend Chapter 2 of the Pelham Village Code
Entitled Village Administrator
Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to amend Chapter
2 of the Pelham Village Code entitled Village Administrator to define the role of the Assistant Village
Administrator; 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 August 14, 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. 6 of 2018 to amend Chapter 2 of the
Pelham Village Code entitled Village Administrator;
2. The Board of Trustees directs the Village Clerk and Interim Village Administrator to prepare
said Law for filing with the Secretary of State.
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, August 14, 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 15
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Item # 16 – Authorizing Street Fair (Wolfs Walk) on Saturday, September 8, 2018
The Wolfs Walk Street Fair will take place on Saturday, September 8th from 4PM to 11PM. Mayor
Volpe announced a bocce tournament will be held that day. Trustee Spira-Cohen suggested the
Village have a table at the event, specifically the Sustainability Advisory Board, Fire Department,
Police, and the Village administrative staff. Mayor Volpe asked Trustee Spira-Cohen to round up
volunteers for the event. Trustee Kagan applauds the president of the Pelham Chamber of
Commerce, Clay Bushong, for the rebranding of the Fifth Avenue street fair and he hopes this marks
a return to the annual street fair.
Resolution Authorizing Street Fair (Wolfs Walk) on Saturday, September 8, 2018
Be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Chamber of
Commerce Street Fair entitled Wolfs Walk to take place on Saturday, September 8, 2018 from 4:00
p.m. to 11:00 p.m., and authorizes the closure of Wolfs Lane between Boulevard and East Second
Street from 2:00 p.m. to 1:00 a.m. for the Street Fair to take place; and
Be it further resolved, that the Chamber of Commerce will be responsible for all Village of Pelham
overtime costs and all other direct costs that are incurred by this event; and
Be it further resolved, that the Board of Trustees of the Village of Pelham herein authorize the
appropriate Village officials and staff to take the necessary and appropriate actions to allow the Street
Fair to take place, with the requirement that the Village of Pelham be provided with insurance
satisfactory to the Village’s insurance carrier by the Pelham Chamber of Commerce and the
execution of Hold Harmless Agreements for each participating vendor.
Vote Record - Item # 16 – Resolution Authorizing Street Fair (Wolfs Walk) on Saturday, September
8, 2018
Village of Pelham Board of Trustees Regular Meeting Tuesday, August 14, 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 16
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Item # 17 - Authorizing Online Payment Property Tax Billing System
Mayor Volpe stated many communities are moving towards an online payment property tax billing
system. Interim Village Administrator Scelza stated the Town of Pelham has the Software Consulting
Associates (SCA) package for tax collection, and this resolution will create an interface for the Village
of Pelham to collect its portion online. This will address inefficiencies in collecting property tax
payments because the Board of Education and the Town can submit their payments online. Interim
Village Administrator Scelza noted there is a 2.75% transaction fee for the use of credit cards
incurred by the consumer, and there is no fee for ACH transfers. Trustee Mullen noted this service
can be integrated into the Village’s mobile application MYVOP.
Resolution Authorizing Online Payment Property Tax Billing System
Be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Interim
Village Administrator to execute the attached proposal from Software Consulting Associates, Inc., for
an online payment property tax billing system per the proposal dated July 21, 2018.
Vote Record- Item # 17 - Resolution Authorizing Online Payment Property Tax Billing System
Village of Pelham Board of Trustees Regular Meeting Tuesday, August 14, 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 17
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Item # 18 - Authorizing Traffic Engineering Services Proposal from Sam Schwartz Engineering,
DPC., for Intersection Improvements at Boulevard/Colonial Avenue/Ancon Avenue
Mayor Volpe stated the Village of Pelham has received a proposal from Sam Schwartz Engineering,
where the cost for the engineering improvements for the intersection at Ancon Avenue/ Colonial
Avenue/Boulevard exceeds the Board of Trustees authorized amount. Mayor Volpe reported the
Village will start its CHIPS paving, which includes sidewalk improvements, so hopefully the
contractor can make the sidewalk improvements at the Boulevard/Ancon Avenue/Colonial Avenue
intersection for a cost savings. The Board of Trustees authorizes Interim Village Administrator Scelza
and Municipal Consultant Dwyer to move ahead with the sidewalk improvements (ADA complaint) at
the Ancon Avenue/Colonial Avenue/ Boulevard intersection, and the painting and signage will be
addressed later.
Peter Wies, 230 Ancon Avenue, announced the traffic committee received an updated version of
the traffic study, and he sent his comments to Trustee Ferrara concerning the intersection, moving
the stop sign at Colonial Avenue, and signage/stop line on Manor Ridge Road. Mayor Volpe will
contact the Pelham Manor Mayor about this and he will report back to the committee.
Resolution Authorizing Traffic Engineering Services Proposal from Sam Schwartz
Engineering, DPC., for Intersection Improvements at Boulevard/Colonial Avenue/Ancon
Avenue
Be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Interim
Village Administrator to execute the attached Traffic Engineering Services proposal from Sam
Schwartz Engineering to assist the Village with intersection improvements at Boulevard/Colonial
Avenue/Ancon Avenue in amount not to exceed $27,000.00.
Vote Record- Item # 18 - Resolution Authorizing Traffic Engineering Services Proposal from Sam
Schwartz Engineering, DPC., for Intersection Improvements at Boulevard/Colonial Avenue/Ancon
Avenue
Village of Pelham Board of Trustees Regular Meeting Tuesday, August 14, 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 18
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Item # 19 – Adopting Policy and Procedure for Special Overtime Assignments in the Village of
Pelham Police Department
Mayor Volpe stated he and Trustee Kagan have been examining this issue for quite some time. They
need to ensure that the Village of Pelham is protected respecting special over time assignments
where off duty officers are working at the behest of a utility company or contractor. A new policy was
created on special over time assignments and payment reimbursements for these assignments.
Trustee Kagan thanks Municipal Consultant Dwyer for finding a way to revise the Village’s business
practices to make sure the Village is protected against non-payment by vendors.
Resolution Adopting Policy and Procedure for Special Overtime Assignments in the Village of
Pelham Police Department
Be it resolved, that the Board of Trustees of the Village of Pelham adopts the attached policy and
procedure for special overtime assignments in the Village of Pelham Police Department.
Vote Record- Item #19 - Resolution Adopting Policy and Procedure for Special Overtime
Assignments in the Village of Pelham Police Department
Village of Pelham Board of Trustees Regular Meeting Tuesday, August 14, 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 19
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Item # 20 – Appointing Interim Village Treasurer
Mayor Volpe noted it is customary to have the Village Administrator serve as the Treasurer.
Resolution Appointing Interim Village Treasurer
Whereas, John Gallagher tendered his resignation as Village Treasurer 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 Monday, August 13,
2018, as Interim Village Treasurer pursuant to New York State Village Law § 4-408.
Vote Record- Item # 20 - Resolution Appointing Interim Village Treasurer
Village of Pelham Board of Trustees Regular Meeting Tuesday, August 14, 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 ☒ ☐ ☐ ☐
Page 20
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Item # 21 – Other Business
Fire Chief Used Vehicle Purchase Discussion
Mayor Volpe said during the Budget process, the Board of Trustees instructed the Fire Chief and the
Fire liaison (Trustee Mullen) to seek a deal on the vehicle. There is an emergency response vehicle
from Eastchester Volunteer Ambulance Corps, a 2013 Chevrolet Tahoe, available for $20,000.00.
Mayor Volpe authorized Interim Village Administrator Scelza to make a pre-payment before the next
Board of Trustees regular meeting not to exceed $20,000.00, and the vehicle is furnished with
$10,000.00 worth of equipment already installed.
Page 21
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Item #21- Resolution Authorizing the Purchase of a 2012 Chevrolet Tahoe Emergency
Response Vehicle from the Eastchester Volunteer Ambulance Corps, Inc.
Resolution Authorizing the Purchase of a 2012 Chevrolet Tahoe Emergency Response Vehicle
from the Eastchester Volunteer Ambulance Corps, Inc.
Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the purchase of
a 2012 Chevrolet Tahoe Emergency Response Vehicle from the Eastchester Volunteer Ambulance
Corps, Inc., in an amount not to exceed $20,000.00; and
Be it further resolved, that the Board of Trustees of the Village of Pelham herein authorizes the
following budget transfer for the aforementioned vehicle purchase and the Interim Village
Administrator to issue payment in advance of the next regularly scheduled Board of Trustees
meeting:
From: General Fund Revenue
Account No. Account Description Amount
A.4000 Appropriated Fund Balance $20,000
To: General Fund Expense
Account No. Account Description Amount
A.3410.200 Fire Department – Vehicle Purchase $20,000
Be it further resolved, that the Mayor, Fire Chief and Interim Village Administrator are authorized to
take the necessary steps to effectuate the intent of this resolution.
Vote Record - Item # 21 – Resolution Authorizing the Purchase of a 2012 Chevrolet Tahoe
Emergency Response Vehicle from the Eastchester Volunteer Ambulance Corps, Inc.
Village of Pelham Board of Trustees Regular Meeting Tuesday, August 14, 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 22
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Recurring Items
Item # 22 - Authorizing the Accounts Payable
Trustee Spira-Cohen audited the Accounts Payable. A brief discussion took place over vouchers
#10684, #10737, #10743, #10840, and #10836.
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
Interim Village Administrator:
Fund Name: Amount
General Fund $418,831.46
Capital Projects Fund $84,488.18
Trust and Agency Fund $8,521.32
TE Private Purpose Trust Fund $0.00
Grand Total $511,840.96
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, August 14, 2018
Yes/Aye No/Nay Abstain Absent
☒Approved Mayor Volpe ☒ ☐ ☐ ☐
☐Approved as Trustee Ferrara ☐ ☐ ☐ ☒
Amended Trustee Kagan ☒ ☐ ☐ ☐
☐Tabled Trustee Kamal Eldahry ☐ ☐ ☐ ☒
☐Withdrawn Trustee Mullen Second ☒ ☐ ☐ ☐
☐Discussed Trustee Potocki ☐ ☐ ☐ ☒
Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐
Page 23
Board of Trustees Regular Meeting Tuesday, August 14, 2018
Item # 23 – Authorizing the Minutes of July 10, 2018
Vote Record- Item # 23 – Authorizing the Minutes of July 10, 2018
Village of Pelham Board of Trustees Regular Meeting Tuesday, August 14, 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 # 24 – Adjournment to Executive Session
The public portion of the Board meeting was adjourned at 10:04pm to enter into Executive Session to
discuss a personnel matter, after which time the Board would adjourn for the evening.
Vote Record- Item # 24 – Adjournment to Executive Session
Village of Pelham Board of Trustees Regular Meeting Tuesday, August 14, 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 24
Agenda
VILLAGE OF PELHAM BOARD OF TRUSTEES
REGULAR MEETING
TUESDAY, AUGUST 14, 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. Interim Village Administrator’s Report
7. Public Comments
# Agenda Items:
Non-Recurring Items
8. Resolution Authorizing the Promotion of a Police Sergeant to Police Lieutenant in the
Village of Pelham Police Department
9. Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham
Police Department
10. Resolution Authorizing Memorandum of Understanding with Sustainable Westchester,
Inc., for the Continuation of the Community Choice Aggregation Program (7:45 p.m. to
8:00 p.m.)
11. Public Hearing Continuation on Site Plan Application at 101 Wolfs Lane (8:00 p.m. to
8:30 p.m. Public Comment Only)
12. Public Hearing on Local Law No. 5 of 2018 to Repeal and Replace Chapter 44 of the
Pelham Village Code Entitled Filming of Movies
13. Resolution Adopting Local Law No. 5 of 2018 to Repeal and Replace Chapter 44 of the
Pelham Village Code Entitled Filming of Movies
14. Public Hearing on Local Law No. 6 of 2018 to Amend Chapter 2 of the Pelham Village
Code Entitled Village Administrator
15. Resolution Adopting Local Law No. 6 of 2018 to Amend Chapter 2 of the Pelham Village
Code Entitled Village Administrator
16. Resolution Authorizing Street Fair (Wolfs Walk) on Saturday, September 8, 2018
17. Resolution Authorizing Online Payment Tax Billing System
18. Resolution Authorizing Traffic Engineering Services Proposal from Sam Schwartz
Engineering, DPC., for Intersection Improvements at Boulevard/Colonial Avenue/Ancon
Avenue
19. Resolution Adopting Policy and Procedure for Special Overtime Assignments in the
Village of Pelham Police Department
20. Resolution Appointing Interim Village Treasurer
21. Other Business – Fire Chief Used Vehicle Purchase Discussion
Recurring Items
22. Authorizing Accounts Payable
23. Authorizing the Minutes of: July 10, 2018
24. Adjournment to Executive Session
Next Regularly Scheduled BOT Meetings:
Monday, September 10, 2018
Tuesday, September 25, 2018
All meetings start at 7:30 p.m. unless otherwise noted
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