Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING THURSDAY, SEPTEMBER 13, 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 Officer to Police Sergeant in the Village of Pelham Police Department 9. Resolution Authorizing Street Closure for “Kickoff for the Cure Fundraiser” on Saturday September 29, 2018 10. Public Hearing Continuation on Site Plan Application at 101 Wolfs Lane (8:00 p.m. to 8:30 p.m. Public Comment Only) 11. Resolution Authorizing the Annual Pumpkin Festival, 5K Race and Kid’s Fun Run on October 13, 2018 12. Resolution Authorizing the Appointment of a Part Time School Crossing Guard 13. Resolution Adopting the 2018 Adjusted Base Proportions using the 2018 Final Assessment Roll and Rates provided by the Town Assessor for the Village of Pelham 2019 Property Tax Levy 14. Resolution Authorizing Litigation Against the Owners of 30 Linden Avenue, Pelham NY 15. Resolution Authorizing Litigation Against the Owners of 219 Young Avenue, Pelham NY 16. Resolution Authorizing Sewer Line Agreement between Lincoln Developer LLC and the Village of Pelham at 185 Lincoln Avenue 17. Resolution Authorizing the Execution of an Employment Agreement with Police Chief 18. Other Business Recurring Items 19. Authorizing Accounts Payable 20. Authorizing the Minutes of: July 10, 2018, August 14,2018 21. Adjournment to Executive Session Next Regularly Scheduled BOT Meetings: Tuesday, September 25, 2018 Tuesday, October 9, 2018 Board of Trustees Regular Meeting Thursday, September 13, 2018 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Volpe at 7:35 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: The Mayor thanked the Wolfs Walk Organizers for the Wolfs Walk Event. The Mayor explained that the State and one of its telecommunications contractors or vendors wants to put in a monopole that’s 130 feet high in our community by the High School and across from the library. He wrote a letter in opposition to it in general and in the proposed location. He thanked the Village of Pelham Manor and others opposing this. He and some representatives from the vendor, Crown Communications, and some State representatives, are going to have a meeting next week regarding this issue and would certainly keep the community apprised. He reported that the Village has some paving projects going on at 6th Avenue and then right out here on Sparks Avenue that would hopefully be completed by next week. He said that the RFP that the village put out to consider if we had developers interested in our properties resulted in a few responses. He stated that there would be a presentation at the next meeting on the 25th from a developer who’s interested in considering some different improvements to some village-owned land, and that there would be another presentation on October 9th. He announced that the village office received an election petition. He explained that this petition was to change the Village election date from March to November. He also explained that this was not on tonight’s agenda because there’s some work that has to be done when you receive such a petition and certain legal requirements that need to be followed to check the validity of the petition. He said that it had been delivered this week and that he wanted to keep the public informed of the status and that the village staff and council are going through the petition, still doing the due diligence associated with the receipt of the petition, to make sure Page 2 Board of Trustees Regular Meeting Thursday, September 13, 2018 there's a requisite number of signatures that complied with the State statute and that would determine whether it could be placed on the November 6th ballot. Lastly he reminded everyone that schools are open and to drive carefully and slowly. He said that our police do a wonderful job maintaining the safety of our residents and our visitors, so we need your help. Drive less and when you drive, drive slowly. Trustees’ Report: Trustee Ferrara announced that a representative from Passport Parking has agreed to come and do a presentation at the next board meeting on September 25th. She explained that Passport Parking is a mobile parking app that allows the Village to not just do digital parking but digital permitting and enforcement. She reported that the hatching was completed on the 5-points intersection by Ancon and as part of Sam Schwartz recommendations for that intersection, there’s some signage that has to be added. In order to add those signs small changes to the code, so those were being prepared to present them and put them on the agenda for the next meeting so that the signs then order and put up. Trustee Kagan gave an update regarding the ExteNet litigation. He explained that ExteNet sued the village in Federal Court for its denial of permit to place additional DAS nodes on poles in the village and there is a response due from ExteNet next week. He also congratulated the Pelham Police Department for reporting an arrest in connection with the rush of mail thefts and thanked them for their excellent police work. He was pleased to report that he had attended the fourth bargaining session with the Pelham PBA and was optimistic on the progress that was being made. Trustee Kamal Eldahry reported that she was working with the residents on a complaint regarding the dead end at 1st Avenue. The complaints were regarding the quality of the road pavement, and that people were actually parking alongside State-owned property. She said that the Village had been in contact with the State and within the next week they will be putting up some type of bollards to prevent people from parking along the side. She stated that the Village was going to continue to be in contact with the State to work on safety issues because it’s connected directly to the Hutch and an exit ramp. The DPW would look at the condition of the road and see if paving is required. She also wanted to update the public regarding Gun Legislation. She explained that they were working on an early draft regarding some of the legislation and that they were also in contact with State and County agencies to confirm our understanding of the laws. She said that she will keep the public updated regarding that. Trustee Mullen announced that the MyVOP app is officially live. He explained that you can go to the iTunes store or to Google Play, type in “Village of Pelham” and download it from there. He said that the Village had already gotten some good feedback. He congratulated the organizers of Wolfs Walk and that the Village had a table and he just wanted to say thank you to the folks who showed up at that table to promote MyVOP as well as those who promoted the work of the Sustainability Advisory Board. He thanked Chief DiNapoli, Lieutenant D’Onofrio and Firefighter Camardella for representing the Fire Department and also the Sustainability Advisory Board Members, Heather Glickman, Tom White, Maryanne Joyce and Mark Rookwood for working the table. Trustee Potocki wanted to just follow up a little more on what Trustee Ferrara said regarding the cross- hatching. He stated that he had visually looked at these three or four times. He said that he thought that people are so confused that they just slow down and stop because they don’t know what to do. He agreed that the Page 3 Board of Trustees Regular Meeting Thursday, September 13, 2018 added signage that Xaira talked about was going to make a big difference and that it would help a lot at that intersection. He also congratulated Clay Bushong and his team for the Wolfs Walk night. And said they did a wonderful job, they had a very good turnout, in spite of the weather and that everyone looked like they were having a good time. He hoped they plan to do it again. Trustee Spira-Cohen Absent Interim Village Administrator’s Report: Interim Village Administrator Scelza had nothing to report. Item # 7 – Public Comments Shaun Breidbart, 336 8th Avenue, discussed two items. He said that the first items is one of the of the biggest complaints residents in Pelham make regarding leaf blower noise. Mr. Breidbart said he had previously made a suggestion that the village enact a statute putting mandatory maximum noise levels for leaf blowers because you can buy leaf blowers that are quieter and they are just as effective. He asked if the Board might do something about that. Mayor Volpe explained that this legislation gets debated every number of years and there is currently legislation in place regarding leaf blowers, about when you can and cannot use them. He stated that the police do enforce the law. He said that several years ago a group came forward and asked for changes. The changes were debated with residents on both sides of the issue and the board decided not to make changes. One of the trustees had undertaken the effort to look at the issues and come up with proposed alternatives. Mayor Volpe told Mr. Breidbart if he had any specific proposals that he’d like the Board to consider send him an email and if he wanted the Board to take it up in a more formal manner, submit something in writing to the Board to consider, and they would see what they could do because the Board is more than willing to take up any of his suggestions. The next item Mr. Briedbart addressed was the traffic on Lincoln Avenue and the problem with the traffic light that is not in Pelham but at the Hutch Entrance in Mount Vernon sometimes backing traffic up all the way to New Rochelle. He said that he had previously addressed this in writing and had made suggestions to solve the problem. He thought that someone from the Village was talking to Mount Vernon and said that Mount Vernon was working on it, but that was a year ago. Mayor Volpe said that there had been discussions with the City of Mount Vernon and they had assured the Village that the entire light was going to be changed and it has not been changed. He said the Village will renew that effort by reaching out to them Maggie Klein of the Pelhamplus asked how many signatures were on the petition that had been submitted to the Village to change the Village election from March to November. Mayor Volpe explained that there were hundreds over 400 around 470. Page 4 Board of Trustees Regular Meeting Thursday, September 13, 2018 Non-Recurring Items Item # 8 - Authorizing the Promotion of a Police Officer to Police Sergeant in the Village of Pelham Police Department Resolution Authorizing the Promotion of a Police Officer to Police Sergeant 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 Brian Hendrie of Eastchester, NY to the position of Police Sergeant from Westchester County Civil Service Eligible List # 71-198, effective Monday, September 17, 2018 at an annual salary of $119,584.00 subject to the requirements of Westchester County Civil Service, for a probationary period of one (1) year; 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 Officer to Police Sergeant in the Village of Pelham Police Department Village of Pelham Board of Trustees Regular Meeting Thursday, September 13, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 5 Board of Trustees Regular Meeting Thursday, September 13, 2018 Item # 9 - Authorizing Street Closure for “Kickoff for the Cure Fundraiser” on Saturday, September 29, 2018 Resolution Authorizing Street Closure for “Kickoff for the Cure Fundraiser” on Saturday, September 29, 2018 Whereas, DeCicco & Sons has requested permission to hold its first annual “Kickoff for the Cure” in Gazebo Park to raise money to support breast cancer in conjunction with the American Cancer Society on Saturday, September 29, 2018; and Whereas, the temporary closure of Harmon Avenue is necessary in order to safely facilitate the event, and for traffic control; and Whereas, DeCicco & Sons shall reimburse the Village for all costs incurred by the Village as a result of the event, including but not limited to Police Department and Department of Public Works overtime, and provide a certificate of liability insurance naming the Village as an additional insured in a form and amount satisfactory to the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the closure of Harmon Avenue between Fifth Avenue and Harmon Place on Saturday, September 29, 2018 from 11:00 a.m. to 5:00 p.m. for the aforementioned event to take place; and Be it further resolved, that the Mayor and Board of Trustees authorize the appropriate Village officials and staff to take the necessary and appropriate actions to effectuate the intent of this resolution. Vote Record - Item # 9 – Resolution Authorizing Street Closure for “Kickoff for the Cure Fundraiser” on Saturday, September 29, 2018 Village of Pelham Board of Trustees Regular Meeting Thursday, September 13, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Motion ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 6 Board of Trustees Regular Meeting Thursday, September 13, 2018 Item # 10 – Public Hearing Continuation on Site Plan Application at 101 Wolfs Lane (8:00 p.m. to 8:30 p.m. Public Comment Only) Mayor Volpe: explained that the public hearing on this has been open for a number of meetings, and is still open. He asked Mr. Mandelbaum, Counsel for 101 Wolfs Lane, if there was anything he'd like to add and that he was going to entertain another public comment if necessary. Seth Mandelbaum Esq, from McCullough, Goldberger & Staudt, LLP, representing Matriarch Development regarding the proposal at 101 Wolfs Lane explained that on August 14th their latest proposal with respect to the easements that they needed from the Village and the easement that is being offered to the Village was discussed. Mr. Mandelbaum reviewed where his client was relative to the issues and summarized both the letters of August 21 and September 7th reviewing what the Village proposed and the issues the Village raises. He explained that with respect to the access easement over Village property, including a temporary easement for construction, they offered the following starting one year after issuance of the CO, annual payments of $50,000 a year for 15 years for a total of $750,000. In addition with respect to impact fees $25,000 payment upon issuance of a building permit, and an additional $25,000 upon the issuance of a certificate of occupancy for a total of $50,000. The grand total would be $800,000 over the term from the issuing of the CO going forward 15 years. He also confirmed that would be acceptable if the village needs to relocate the access as long as the applicant still has unencumbered access to the parking garage. Mr. Mandelbaum clarified the change in unit count from the previous 58 units to the new proposal of 63 units with two less two bedroom units. He reported that they would coordinate with the Village with respect to the eight permit spaces they would be purchasing in the lot and would reimburse the Village for any financial loss associated with the loss of any permits spaces. He also indicated that if there were any damage to the Village parking lot or Sparks Avenue due to construction vehicles, the applicant would repair or repave as appropriate any damage from construction vehicles and would also maintain the pedestrian walkway and stairs. He also confirmed that there is a bike rack already shown on the plans. He made one more point regarding two on-street parking spaces being created that don't exist now by closing the existing curb cut on Wolfs Lane along with the possibility of a loading and unloading zone there. Mayor Volpe informed Mr. Mandelbaum that he had 11 issues that he wanted to review to make sure they were on the same page He reviewed the easement fees that the Village will receive $750,000 paid in $50,000 installments over 15 years but that would commence a year after the issuance of the CO. He spoke about the $25,000 impact fee upon the issuance of the building permit and $25,000 on the issuance of the CO. He said that the fees will all to be secured in some way in the documentation by a letter of credit, a bond, or money being posted He confirmed that the Village would have the right to relocate the easement as long as the applicant did not have any obstruction to access. He also clarified that the air rights concept had to be there, mindful of the unobstructed access issue. Page 7 Board of Trustees Regular Meeting Thursday, September 13, 2018 Mayor Volpe reiterated that there were currently 63 units and they were actually smaller units where the composition of smaller units is greater in the current configuration. Mayor Volpe discussed the purchasing for the eight parking permits. Mayor Volpe said the next issue was about fixing damages as a result of construction and that it would it is the developer's responsibility if any damage occurs. Mayor Volpe next brought up the pedestrian walkway and clarified that it is the easement that flows to the Village from the private property that would open up Wolfs Lane, commuter, commercial possibilities to the parking lot, and that easement would be the developer’s responsibility to maintain. Mayor Volpe brought up the issue of the bike rack; which Mr. Mandelbaum said was already on the floor plans. Mayor Volpe next brought up an agreement regarding collaborating proactively on displaced parkers, during construction. He said the Village would agree to a detailed construction plan to be provided to the Village which would include this. Mayor Volpe said the last thing was in the latest letter mentioning the loading zone concept. He stated that this is the kind of detail that he thought should be in collaboration with the surrounding commercial business owners and the Village. He wanted to clarify that he wanted the developer to understand that for some period of time, it might not be a loading zone, but a parking zone. Mayor Volpe said that he thought that they had covered all the issues and opened it up for comments for any other issues that might be raised. Deputy Mayor Kagan stated that the loading and unloading zone should be metered. He said the meter should be configured for short periods of time maybe 15 minutes potentially but the goal should just be able to load, unload, and move on. Trustee Potocki disagreed and said that meters shouldn’t have to have to specify 15 minutes He said his focus would be the loading zone time frames. Trustee Eldahry reported that, the Village offers a one day pass that allows tenants to park while moving. Deputy Mayor Kagan asked about the engineering report for sewer evaluation. He said that in the flow testing memo accepted by our engineer was designed for, at that time, 58 units. He questioned if additional five units are material or not material to the engineers analysis. Mayor Volpe asked Mr. Mandelbaum for a written submission regarding that be submitted to our planning consultant. Steve Robbins, Rockwell’s, 105 Wolfs Lane, said that he would be totally opposed to a loading zone and he also felt that two new parking spaces would not fit in the area that was being discussed. Mr. Robbins said that he thought the entire village could benefit from different loading zones at an earlier part of the day where the parking is not necessarily being used. Deputy Mayor Kagan asked if his opinion would change if the loading zone had limited time. Page 8 Board of Trustees Regular Meeting Thursday, September 13, 2018 Gwen Miller-Tapogna, 175 Sparks Avenue, wanted clarification that after the building was competed no trucks to the building will be over the easement from Sparks, that they would all be from loading zones on Wolfs Lane. She asked about the eight parking lot spaces during and after construction and her last question voiced her concerns about the traffic and safety mitigation and was there enough money to implement those on Sparks. Mr. Mandelbaum said spaces were only during construction and that when construction was complete, the Village parking lot is actually proposed to be improved, repaved and restriped with all the spaces returned. Mayor Volpe addressed the Sparks’s traffic and safety and listed new improvements for Sparks that would be implemented soon, including ADA ramps, sidewalks, street paving, crosswalks and added that traffic calming- speed tables had been discussed. He said that the Village had been looking for alternatives including a buffering solution with the big commercial building behind the neighborhood. He asked that they let him try to find more solutions. Steve Robbins asked if free parking in the lots be expanded to Saturday and Sunday during the day. Mayor Volpe said it would be taken under advisement. Lourdes Lopez Metz, Pelham resident for 23 years, said that she truly believed that this proposal and this project would be very helpful for Pelham and it was a wonderful idea to move forward on it. Maria, a Pelham resident for 52 years expressed her support for the development. Close Public Hearing Respecting 101 Wolfs Lane Village of Pelham Board of Trustees Regular Meeting Thursday, September 13, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Mr. Mandelbaum commented that they would like the Board to consider calling for resolutions for 101 Wolfs Lane. In addition to a SEQRA negative declaration and site plan approval, he said the he assumed that would also include applying the floating zone to the site and authorizing the execution of these easements both ways. Page 9 Board of Trustees Regular Meeting Thursday, September 13, 2018 Item #10A - Calling for Site Plan Resolutions to be Drafted for 101 Wolfs Lane Resolution Calling for Site Plan Resolutions to be Drafted for 101 Wolfs Lane Be it resolved, that the Board of Trustees of the Village of Pelham hereby call for the drafting of resolutions, respecting site plan approval for the 101 Wolfs Lane application inclusive of a negative declaration under SEQRA, on the application of the BDFZ and contingent upon appropriate documentation on the issues that we've agreed upon and discussed tonight. Item # 10A Resolution Calling for Site Plan Resolutions to be Drafted for 101 Wolfs Lane Village of Pelham Board of Trustees Regular Meeting Thursday, September 13, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan 2nd ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 10 Board of Trustees Regular Meeting Thursday, September 13, 2018 Item # 11 – Authorizing the Annual Pumpkin Festival, 5K Race and Kid’s Fun Run on October 13, 2018 Resolution Authorizing the Annual Pumpkin Festival, 5K Race and Kid’s Fun Run on October 13, 2018 Whereas, the Pelham Children’s Center has requested permission to hold the annual Pumpkin Festival, 5K Race and Kid’s Fun Run in the Village on Saturday, October 13, 2018; and Whereas, the temporary closure of certain streets is necessary in order to safely facilitate the event, and for traffic control; and Whereas, the Pelham Children’s Center shall reimburse the Village for all costs incurred by the Village as a result of the event, including but not limited to Police Department and Department of Public Works overtime, and provide a certificate of liability insurance naming the Village as an additional insured in a form and amount satisfactory to the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the annual Pelham Children’s Center Pumpkin Festival, 5K Race and Kid’s Fun Run on Saturday, October 13, 2018 from 7:00 a.m. to 10:00 a.m., with the 5K race beginning at 8:00 a.m. starting and ending at Michael Schwerner Way and Fifth Avenue and the Fun Run starting at 9:00 a.m. at Franklin Field, running ½ mile up Wolfs Lane and Fifth Avenue, and finishing up at Fifth Avenue and Michael Schwerner Way, with the request that Michael Schwerner Way be closed for the entire event to stage the Pumpkin Festival and games and; Be it further resolved, that the Mayor and Board of Trustees authorize the appropriate Village officials and staff to take the necessary and appropriate actions to effectuate the intent of this resolution. Vote Record - Item # 11 – Resolution Authorizing the Annual Pumpkin Festival, 5K Race and Kid’s Fun Run on October 13, 2018 Village of Pelham Board of Trustees Regular Meeting Thursday, September 13, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 11 Board of Trustees Regular Meeting Thursday, September 13, 2018 Item # 12 – Authorizing the Appointment of a Part Time School Crossing Guard Resolution Authorizing the Appointment of a Part Time School Crossing Guard Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Lynn Wingate of Bronxville, NY to the position of School Crossing Guard (Part Time), effective Thursday, September 6, 2018 at an annual salary of $9,880.00 subject to the requirements of Westchester County Civil Service and the CSEA Collective bargaining agreement, for a probationary period of one (1) year; 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 # 12 – Resolution Authorizing the Appointment of a Part Time School Crossing Guard Village of Pelham Board of Trustees Regular Meeting Thursday, September 13, 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 12 Board of Trustees Regular Meeting Thursday, September 13, 2018 Item # 13 - Adopting the 2018 Adjusted Base Proportions using the 2018 Final Assessment Roll and Rates provided by the Town Assessor for the Village of Pelham 2019 Property Tax Levy Resolution Adopting the 2018 Adjusted Base Proportions using the 2018 Final Assessment Roll and Rates provided by the Town Assessor for the Village of Pelham 2019 Property Tax Levy Be it resolved, that the Board of Trustees of the Village of Pelham hereby adopts the 2018 Adjusted Base Proportions using the 2018 Final Assessment Roll and Rates provided by the Town of Pelham Assessor for the Village of Pelham 2019 Property Tax Levy, at the rates of 83.118950% for Homestead, and 16.881050% for Non-Homestead; and Be it further resolved, that the Mayor, Interim Village Administrator/Treasurer and the Town Assessor are authorized to take the necessary steps to effect this resolution. Vote Record - Item # 13 – Resolution Adopting the 2018 Adjusted Base Proportions using the 2018 Final Assessment Roll and Rates provided by the Town Assessor for the Village of Pelham 2019 Property Tax Levy Village of Pelham Board of Trustees Regular Meeting Thursday, September 13, 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 2nd ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 13 Board of Trustees Regular Meeting Thursday, September 13, 2018 Item # 14 – Authorizing Litigation Against the Owners of 30 Linden Avenue, Pelham NY Resolution Authorizing Litigation Against the Owners of 30 Linden Avenue, Pelham NY Whereas, Marguerite Nichols and Douglas J. Nimphius are the owners of the property located at 30 Linden Avenue, Pelham, New York (the “Property”); and Whereas, the Village’s Building Inspector and Enforcement Officer has conducted inspections of the outdoor premises at Property, and has otherwise viewed the outdoor premises at the Property, and has determined that the condition of the outdoor premises of the Property violates numerous provisions the Code of the Village of Pelham (the “Village Code”) and the New York State Uniform Fire Prevention and Building Code, including the Property Maintenance Code (collectively, the “Uniform Code”); and Whereas, the Village, through its Building Inspector, has issued a number of notices of violation and orders to remedy to Ms. Nichols and Mr. Nimphius directing that violations of the Village Code and the Uniform Code be corrected abated; and Whereas, Ms. Nichols and Mr. Nimphius have failed to correct and abate the violations at the Property and therefore remain in violation of the Village Code and the Uniform Code on account of conditions at the Property; and Whereas, section 34-22(D) of the Village Code authorizes the Village to file an action or proceeding in a court of competent jurisdiction to prevent, enjoin, correct, abate any violation of, or to enforce, any provision of the Uniform Code and provides that no such action or proceeding shall be commenced without the appropriate authorization from the Board of Trustees of the Village of Pelham; and Whereas Section 54-32 of the Village Code provides that “[i]n addition to or in lieu of the civil and criminal penalties provided herein, any person may be prevented from violating the provisions of this code by the Department's seeking injunctive relief in the manner provided by law;” and Whereas, section 7-714 of the New York State Village Law provides that “[i]n case . . . any land is used in violation of this act, or of any local law or other regulation made under authority conferred thereby the proper local authorities of the village, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful . . . use . . ., to restrain, correct or abate such violation. . . or to prevent any illegal act, conduct, business or use in or about such premises;” and Whereas, the Board of Trustees desires to authorize counsel for the Village to commence an action or proceeding in a court of competent jurisdiction seeking any and all appropriate relief, including but Page 14 Board of Trustees Regular Meeting Thursday, September 13, 2018 not limited to injunctive relief, seeking to prevent, enjoin, correct, abate any violation of, and to enforce, the violations of the Village Code and the Uniform Code at the Property. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes counsel for the Village to commence an action or proceeding in a court of competent jurisdiction under the Village Code and other applicable law seeking any and all appropriate relief, including but not limited to injunctive relief under sections 34-22 and 54-32 of the Village Code and section 7-714 of the Village Law, seeking to prevent, enjoin, correct, abate any violation of, and to enforce, the Village Code and the Uniform Code at the Property. Vote Record - Item # 14 – Resolution Authorizing Litigation Against the Owners of 30 Linden Avenue, Pelham NY Village of Pelham Board of Trustees Regular Meeting Thursday, September 13, 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 2nd ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 15 Board of Trustees Regular Meeting Thursday, September 13, 2018 Item # 15 – Authorizing Litigation Against the Owners of 219 Young Avenue, Pelham NY Resolution Authorizing Litigation Against the Owners of 219 Young Avenue, Pelham NY Whereas, Lakshimi Benfaida is the owner of the property located at 219 Young Avenue, Pelham, New York (the “Property”); and Whereas, the Village’s Building Inspector has conducted inspections of the outdoor premises at Property and has determined that the retaining wall located on and at the rear of the Property has partially collapsed, and that what remains of the retaining wall is leaning and in danger of collapsing; and Whereas the condition of the retaining wall violates the provisions of chapter 34 of the Code of the Village of Pelham (the “Village Code”) and section 302.7 of the New York State Property Maintenance Code, which provides that “[a]ll accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair;” and Whereas, the Village, through its Building Inspector, has issued a notices of violation and orders to remedy dated August 8, 2015 and February 28, 2018 to Ms. Benfaida directing that violations of the Village Code and the Uniform Code be corrected abated; and Whereas, Ms. Benfaida has failed to correct and abate the violations at the Property and therefore remains in violation of the Village Code and the Property Maintenance Code on account of the condition of the retaining wall located on the Property; and Whereas, section 34-22(D) of the Village Code authorizes the Village to file an action or proceeding in a court of competent jurisdiction to prevent, enjoin, correct, abate any violation of, or to enforce, any provision of the Uniform Code and provides that no such action or proceeding shall be commenced without the appropriate authorization from the Board of Trustees of the Village of Pelham; and Whereas, section 7-714 of the New York State Village Law provides that “[i]n case . . . any land is used in violation of this act, or of any local law or other regulation made under authority conferred thereby the proper local authorities of the village, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful . . . use . . ., to restrain, correct or abate such violation. . . or to prevent any illegal act, conduct, business or use in or about such premises;” and Whereas, the Board of Trustees desires to authorize counsel for the Village to commence an action or proceeding in a court of competent jurisdiction seeking any and all appropriate relief, including but Page 16 Board of Trustees Regular Meeting Thursday, September 13, 2018 not limited to injunctive relief, seeking to prevent, enjoin, correct, abate any violation of, and to enforce, the Village Code and the Property Maintenance Code concerning the Property. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes counsel for the Village to commence an action or proceeding in a court of competent jurisdiction under the Village Code, the Property Maintenance Code and other applicable law seeking any and all appropriate relief, including but not limited to injunctive relief under section 34-22(D) of the Village Code and section 7-714 of the Village Law seeking to prevent, enjoin, correct, abate violations of, and to enforce, the Village Code and the Property Maintenance Code concerning the Property. Vote Record - Item # 15 – Resolution Authorizing Litigation Against the Owners of 219 Young Avenue, Pelham NY Village of Pelham Board of Trustees Regular Meeting Thursday, September 13, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 17 Board of Trustees Regular Meeting Thursday, September 13, 2018 Item # 16 – Authorizing Sewer Line Agreement between Lincoln Developers LLC and the Village of Pelham at 185 Lincoln Avenue Resolution Authorizing Sewer Line Agreement between Lincoln Developers LLC and the Village of Pelham at 185 Lincoln Avenue Whereas, Lincoln is the owner of certain real property located within the Village, identified on the Village Tax Map as Section 164.21, Block 2, Lot 47.1, and formerly designated as Section 164.21, Block 2, Lots 44 and 47, (the “Property”); and Whereas, the Village approved the subdivision of the Property into five residential lots (the “Individual Lots”) and one common area lot (the “Common Area Lot”), to be known as the Lincoln Mews subdivision, as shown on the final subdivision plat that is recorded in the Office of the Westchester County Clerk, Division of Land Records, as Map # 29142; and Whereas, Lincoln is seeking the approval of the Westchester County Department of Health to construct a sewer main on the Common Area Lot to service the residential lots on the Property; and Whereas, in order to satisfy the requirements of the Westchester County Department of Health, Lincoln has offered to dedicate to the Village the sewer main and a 15-foot wide access easement; and Whereas, the Board of Trustees of the Village has determined that this is a Type II action under the New York State Environmental Quality Review Act; and Whereas, the Board of Trustees of the Village duly considered the propose dedication and conveyance. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Interim Village Administrator to execute the attached Sewer Line Agreement and Deed of Dedication and Declaration of Easement between Lincoln Developer LLC and the Village of Pelham. Vote Record - Item # 16 – Resolution Authorizing Sewer Line Agreement between Lincoln Developers LLC and the Village of Pelham at 185 Lincoln Avenue Village of Pelham Board of Trustees Regular Meeting Thursday, September 13, 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 Thursday, September 13, 2018 Item # 17 – Authorizing the Execution of an Employment Agreement with Police Chief Resolution Authorizing the Execution of an Employment Agreement with Police Chief Be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor to execute the attached Employment Agreement with Police Chief Jason Pallett, effective June 1, 2018. Vote Record- Item # 17 - Resolution Authorizing the Execution of an Employment Agreement with Police Chief Village of Pelham Board of Trustees Regular Meeting Thursday, September 13, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 19 Board of Trustees Regular Meeting Thursday, September 13, 2018 Item # 18 – Other Business There was no other business Page 20 Board of Trustees Regular Meeting Thursday, September 13, 2018 Recurring Items Item # 19 - Authorizing the Accounts Payable Trustee Ferrara is auditing 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 Interim Village Administrator/Treasurer: Fund Name: Amount General Fund $424,156.15 Capital Projects Fund $45,902.66 Trust and Agency Fund $2,717.50 TE Private Purpose Trust Fund $0.00 Grand Total $472,776.31 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Vote Record- Item # 19 – Resolution Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Thursday, September 13, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Motion ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen 2nd ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira- ☐ ☐ ☐ ☒ Cohen Page 21 Board of Trustees Regular Meeting Thursday, September 13, 2018 Item # 20 – Authorizing the Minutes of July 30, 2018 and August 14, 2018 Vote Record- Item # 20 – Authorizing the Minutes of July 30, 2018 Village of Pelham Board of Trustees Regular Meeting Thursday, September 13, 2018 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☒ ☐ ☐ ☐ ☒Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen ☐ ☐ ☒ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira- ☐ ☐ ☐ ☒ Cohen Vote Record- Item # 20 – Authorizing the Minutes of August 14, 2018 Village of Pelham Board of Trustees Regular Meeting Thursday, September 13, 2018 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☒ ☐ ☐ ☐ ☒Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen ☐ ☐ ☒ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira- ☐ ☐ ☐ ☐ Cohen Item # 21 – Adjournment to Executive Session The public portion of the Board meeting was adjourned at 9:05 pm to enter into Executive Session to discuss a personnel matter after which time the Board would adjourn for the evening. Vote Record- Item # 21 – Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Thursday, September 13, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen 2nd ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira- ☐ ☐ ☐ ☒ Cohen Respectfully submitted, Terri Rouke, Village Clerk Page 22