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Mayor & Village Board of Trustees

Regular Meeting

Pelham, NY · August 14, 2018

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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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