Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, SEPTEMBER 25, 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. Presentation by Collins Enterprises, LLC (Municipal Facilities Request for Proposal) 9. Presentation by Passport Parking (Mobile Parking App, Digital Permits & Enforcement) 10. Discussion on Professional Services Proposal from H2M Architects and Engineers to Assist the Village with a Fence Installation on the Highbrook Highline 11. Resolution Authorizing Professional Engineering Services Proposal from H2M Architects and Engineers for Retaining Wall Shoring at 219 Young Avenue 12. Other Business Recurring Items 13. Authorizing Budget Amendments and Transfers for Fiscal Year 2018-19 14. Authorizing Accounts Payable 15. Authorizing the Minutes of: 16. Adjournment to Executive Session – Village Administrator Candidate Interview Next Regularly Scheduled BOT Meetings: Tuesday, October 9, 2018 Tuesday, October 23, 2018 Board of Trustees Regular Meeting Tuesday, September 25, 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 ☐ ☒ ☐ Mayor’s Report: Mayor Volpe reported that he had attended the senior citizens meeting yesterday to congratulate Ms. Laura Viggiano on her 100th birthday. He reported next on the vendee or vendor working with the state that had proposed to put in a 130-foot monopole in our community across from the library and the high school middle school complex, along with fencing around transformers and other things that would be at the base. He explained that some letters in opposition were written and thanked Pelham Manor, the Board of Education, Assemblywoman Amy Paulin, and others, for their support respecting their effort on this issue. He said that there is a chance that he would have a meeting with the lawyers and representatives of the applicant and that he would keep the public up to date on that. He went on to report that the paving on Sixth and Sparks was done, and that the striping would be done soon. He explained that the Village had received a lawyer's letter respecting an election petition issue that has arisen in the community from a lawyer on behalf of the petitioners. He congratulated the Pelham Picture House on another successful annual event in Wolfs Lane Park. He went on to report that with regards the property that's next to the Picture House, 163 Wolfs Lane, he was going to have a meeting with the Picture House and developer with respect to their negotiating for a potential redevelopment of the property in collaboration with Picture House. Page 2 Board of Trustees Regular Meeting Tuesday, September 25, 2018 He said that a meeting is set for 8:00 AM on the next Tuesday regarding 101 Wolfs Lane. He reported that the Village did get the further study that had been requested on the sewer capacity and said there are no other developments as anticipated when the Board last voted on the project. He explained that it was going to take a little time to draft appropriate documentation. Trustees’ Report: Trustee Ferrara- Nothing to report outside the agenda Trustee Kagan reported that the police department had signed up for Nixel, and that he had worked with Trustee Mullen to link it to the My VOP app or that it could be accessed by texting your zip code to 888777 or sign up on Pelhamgov.com. Residents would get notifications on cell phone mobile devices from the Village of Pelham Police Department. He also reported that the police department wanted to note that the Hutchinson River Parkway is scheduled for another full shut down Friday night from 11:00 PM till Monday morning at 5:00 AM. Lastly he reported that he had spoken with Trustee Spira-Cohen and Trustee Eldahry with the Village’s representative from the Gifford Center about further research on gun control laws. Trustee Kamal Eldahry- Nothing to report Trustee Mullen- Nothing to report Trustee Potocki spoke about the discussion at the last meeting regarding the possibility of making a loading zone in conjunction with the 101 Wolfs Lane project in that area where there's currently a driveway and the possibility of having loading zones elsewhere, which the Village had in the past that for various reasons didn’t work. He reported that he went to visit about five areas where businesses are more likely to use larger tractor trailers or bigger trucks, and he had a discussion with the Chief Pallet, and probably by the next meeting, he would have a better idea of where we may think there may be an opportunity to do this. He thought that the most likely scenario would be something that would be a mix type use, potentially a loading zone from 7:00 am to noon and then change to open parking the rest of the time. Trustee Spira-Cohen gave an update of a conversation with a vendor and a couple of the sustainability board members. She explained that it was vendor for electric vehicle infrastructure and the three components of their . program One is, it provides charging stations for electric vehicles. Then it can use as a Zipcar service where you can rent it for a period of time. The third is a mobility share idea where something like Uber or Lyft, where drivers could use it for commuters, taking people to the train station and back. Their overarching goal is to reduce households to one car or less. Interim Village Administrator’s Report: Nothing to report Page 3 Board of Trustees Regular Meeting Tuesday, September 25, 2018 Item # 7 – Public Comments There was no public comment Non-Recurring Items Item # 8 – Presentation by Collins Enterprises, LLC (Municipal Facilities Request for Proposal) Mayor Volpe explained that the presentation was going to be by Collins Enterprises LLC, regarding the municipality’s request for proposal. He reminded the public that a number of months ago, the Board collaborated with Ms. Nannette Bourne, Of Sam Schwartz Engineering, who is in the audience, and council on the issuance of a request for proposal for potential development of some municipal properties. He went on to say that there had been a good amount of interest in the project and that he had 8 to 10 meetings, possibly more, with different interested parties. He said that some had submitted written proposals, and now Collins Enterprises would like to make a presentation in response to the proposal. Arthur Collins president of Collins Enterprises introduced his colleagues, Morgan, who is in charge of Acquisitions and Development and Jeff Sirkin, Capital Markets Managing Director. He gave the background of the company and explained that this redevelopment proposal would be primarily a project where they would provide new multifamily housing and also some community and /or retail space. He said that there were discussions about the possibly retrofitting and renovating the firehouse, but that needed more discussion. He explained that the idea of the proposal would be that they would propose to build on the site where the firehouse is behind between Fifth and Fourth. On that northern site, they would be the developer and would find investors to invest with them, including a land payment to the Village that would be somewhere between five and seven million. He went on to say that they would build approximately 100 apartments with some street related retail with the idea that they would provide the seed capital for the land price paying the Village, and that would help to start the initiative to build some commuter parking behind the Wolfs Lane off the Sparks Avenue. He said they would assist the Village in the process by working closely with Nanette Bourne in trying to find some of the public services and the programming that the Village wants to deploy relative to how the firehouse might get reworked. He discussed the potential locations of Village Hall, and the Department of Public Works facility by working with the Village to determine their needs. He said more importantly, the idea would be to consolidate the commuter parking lot and increase the capacity for commuters. He explained that the Northern site on Fifth Avenue, was to build about 100 apartments, with studios, ones, twos and threes, some community or a retail space on Fifth Avenue and Third with the target market of singles, millennials, and people looking to downsize. He said the rents would range from $2,700 to $6,000 a month with the idea to get more street traffic downtown. Additionally he said that this proposal would provide covered parking for the residents by relocating the parking that's currently there, and moving that out to the Sparks Lane location. He went on to say that at that location on the southern site, located at Wolf Lane and Sparks Avenue, the idea would be to build a 320 car parking structure that would consolidate all the commuter parking and be a revenue source for the Village. He explained that by employing a management regime that allows more than one car per space it could maximize the income back to the Village for a consolidated community parking regime. After Trustee Ferrera posed a question regarding the residential parking and how they would accommodate families with additional cars, he explained that right now it was not in the proposal for parking for Page 4 Board of Trustees Regular Meeting Tuesday, September 25, 2018 the public and that those families with more than one car would be displaced and might need to use parking in another area. He explained that they did not know all of the nuances and details but that they needed to weigh exactly what the Village’s priorities are. He expressed concern that this is a very general proposal and there were open questions that could not be resolved without sitting down with the Village. Mayor Volpe suggested that in terms of process, that the Board will discuss the proposal and then would revert back to Mr. Collins. He went on to thank him for the presentation and explained that without any development, he thought that Pelham would languish and not survive in the future in the manner it does exist currently in terms of delivery to the community of services and housing that is needed by all residents and commercial properties . He said that the Board was getting another presentation on October 9th and that they would revert to him after the Board digested some of these thoughts and concepts in terms of the allocation of parking in the different areas. He went on to explain that the Village needed to explore alternatives to address the aging infrastructure in the Village in terms of municipal facilities and our parking garages. He thought that a public- private partnership makes sense given the needs and demands that the Village has and the problems that we have and some of our infrastructure. Page 5 Board of Trustees Regular Meeting Tuesday, September 25, 2018 Item # 9 - Presentation by Passport Parking (Mobile Parking App, Digital Permits & Enforcement) Conner Kelly of Passport Parking introduced his colleague, Molly Bolen and explained that he brought some supporting slides to give an overview of what Passport has to offer in terms of structure and products they offer. He said that they provided tools beyond just the end user application to pay for parking in the Village, which includes enforcing from in real time from an android device and allowing for a digital permitting system for Village permit holders. Residents would be able to renew their permits online and have hands free account based system for commuter parking, on street parking, off street, based on what the Village needs and removing that administrative burden. He went on to explain how the system works. He said that on the meters themselves, they'll install little stickers and some signage that will go up on the street as well. Parkers would know what the zone number is. He said you could have numbered spaces or you could ask the person to enter their license plate. The app shows the rates and the restrictions for parking in that area, what space are you in and how much time would you like to purchase. That information, including the plate, would now be available on the enforcement officer's handheld so they can see exactly when the time expires. With the New York state registration tags, the officer would just scan the registration barcode, it would populate the license plate number and it would say if they paid or not. If they haven't, a ticket would be issued from there. The ticket would list the option to how to contest or dispute a ticket, to pay a ticket with a $3.00 fee to take that process completely online trying to reduce the administrative burden for the village He explained that for those who do not use smart phone they would dial the number and it would walk them through a prompt where they could now enter a credit card number and zone number into the phone. If they were already a user and have done it once, it would recognize the phone number. He said the system is integrated with the State of New York DMV and they were able to do lookups with the State DMV when someone has not paid, and if a ticket has gone delinquent. They look up that registration address and send them a letter on the Village’s behalf automated by Passport as well and have look ups in all 50 states. He said that in terms of the network effect for the village, there are already going to have users at the train station and towns and villages nearby are already using the same application including any other Metro-North station in the state of New York including the MTA here in the Village of Pelham. He explained that there is a wealth of data driven information that can be looked up by a person's license plate, by week, by day, by space, by lot. Mayor Volpe asked if there would be a dip in revenue and if it picks up when people get familiar with it. Mr. Kelly stated that revenue would up immediately that with this system people that piggyback off each other. He went on with an explanation of the fees. He said that they have multiple products, but as an overarching theme, they try and align their revenues with a municipality and only get paid if the municipalities are getting paid. He said there was a convenience fee for using the application that the village can choose to absorb or pass through to the end user. Page 6 Board of Trustees Regular Meeting Tuesday, September 25, 2018 He pointed out what would be the costs and the benefits to the Village including when a parking citation is not paid and it escalates to the point where a letter needs to be sent, typically that price goes up. Passport would be taking 25 % of whatever revenue comes back after that letter is sent, including the fees associated with the sending of the letter and the DMV look up. The full permitting platform that allows users to manage their permits online will be offered at a flat rate a month to the municipality to the village, and then the last fee, which is merchant processing credit card fees as to be determined by the Village’s merchant bank. He explained that it would be a benefit to the Village to have an open shared wallet that holds funds and there would be no fee for the wallet itself. A shared wallet can be used at any of the Metro North stops. If the Village holds the funds and the wallet is closed within Pelham there would be savings on this processing fees because instead of these little $1 transactions adding up with processing fees each time. He pointed out that if someone extends their time, it was considered one rolling transaction, not a separate additional transaction so the Village avoids additional merchant processing costs and the parker does not pay an additional convenience fee. An extension of time, adding time to a current session, is just one convenience fee and one rolling transaction. Again, no cost to the municipality other than the merchant processing costs, the parker would pay 15 cents to use the app. Deputy Mayor Kagan asked about the setup time, and how much lead time was needed to set this up in the Village. Mr. Kelly explained that it would be dependent on what was being implemented, an all-encompassing implementation that would bring permits online, new enforcement handhelds, and also the mobile application to the end user, typically would take around 45 to 60 days. When Trustee Ferrera asked if this could be implemented in stages and Mr. Kelly said that in in terms of efficiency, it's highly recommended to do it all at once, but that they can certainly phase in if that's the village preference. Page 7 Board of Trustees Regular Meeting Tuesday, September 25, 2018 Item # 10 – Discussion on Professional Services Proposal from H2M Architects and Engineers to Assist the Village with a Fence Installation on the Highbrook Highline Mayor Volpe explained that the Village needed some engineering and architectural work with respect to a fence installation for Highbrook Highline and that cost for the proposal for the professional services will be $6,200. He stated that the Village would potentially get reimbursed for this service under a grant that Assemblywoman Amy Paulin has applied for in the amount of approximately $200,000 that could be spread across the community for several different things. He said that this service with H2M would be warranted and necessary given the difficulty with installing the fence there. The Mayor and Board discussed that this would provoke a better response to RFP’s for the fencing and that the engineering would ensure that with the thousands of dollars spent on fencing it would be properly and safely installed. The Board also discussed the need for a cover on the open water in the area and the fact that this was a different issue but eventually could be addressed by the engineer as well. They expressed concern that the Village could not get the grant unless we go through this process with the engineer and the potential for escalating costs associated with the fencing. Mayor Volpe stated that this is a first step that the Village needs to move forward with to address whether fencing was needed or not needed, and what kind of fencing, what's the right height. He expressed confidence that the Village would get the grant funding eventually and attribute the $6200 to the grant. Resolution Authorizing the Professional Services Proposal from H2M Architects and Engineers to Assist the Village with a Fence Installation on the Highbrook Highline Be it resolved, that the Board of Trustees of the Village herein authorizes a Professional Services Proposal from H2M Architects and Engineers to Assist the Village with a Fence Installation on the Highbrook Highline in an amount not to exceed $6200;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 # 10 – Resolution Authorizing Professional Engineering Services Proposal from H2M Architects and Engineers to Assist with Fence Installation on the Highbrook Highline Village of Pelham Board of Trustees Regular Meeting Tuesday, September 25, 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 8 Board of Trustees Regular Meeting Tuesday, September 25, 2018 Item # 11 – Authorizing Professional Engineering Services Proposal from H2M Architects and Engineers for Retaining Wall Shoring at 219 Young Avenue Resolution Authorizing Professional Engineering Services Proposal from H2M Architects and Engineers for Retaining Wall Shoring at 219 Young Avenue 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, via resolution dated September 13, 2018, the Board of Trustees authorized counsel for the Village to commence an action or proceeding in a court of competent jurisdiction seeking any and all appropriate relief, including but 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; 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, the retaining wall in its existing condition poses a threat to life and property and the Board of Trustees desires to retain H2M Architects and Engineers to design temporary shoring and bracing which would stabilize the retaining wall. Now, therefore, be it resolved, that the Board of Trustees of the Village herein authorizes the Interim Village Administrator to execute the attached Professional Structural Engineering Services Proposal with H2M Architects and Engineers in an amount not to exceed $19,500 for the temporary shoring and bracing of the failed retaining wall at 219 Young Avenue, subject to the approval of the Village Attorney; and Be it resolved, council is directed to seek relief for monetary damages, at a minimum to be $19,500, for the engineering services required to retain the wall shoring at 219 Young Avenue and for such other and further relief, as council deems appropriate in the future to be recovered in all instances from the homeowner; 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. Page 9 Board of Trustees Regular Meeting Tuesday, September 25, 2018 Vote Record - Item # 11 – Resolution Authorizing Professional Engineering Services Proposal from H2M Architects and Engineers for Retaining Wall Shoring at 219 Young Avenue Village of Pelham Board of Trustees Regular Meeting Tuesday, September 25, 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 ☒ ☐ ☐ ☐ Item # 12 – Other Business No other Business Page 10 Board of Trustees Regular Meeting Tuesday, September 25, 2018 Recurring Items Item # 13 - Authorizing Budget Amendments and Transfers for Fiscal Year 2018-19 Resolution Authorizing Budget Amendments and Transfers for Fiscal Year 2018-19 Whereas, pursuant to the provisions of §5-520 of the New York State Village Law, the Board of Trustees, by resolution, may increase existing appropriations by transferring funds from the unexpended balance of another appropriation, from the contingent account, from available cash surplus or unanticipated revenues within a fund, or by borrowing; and Whereas, in all cases, there are sufficient unexpended balances in other appropriation accounts, excess revenues or fund balances available to cover the amendments and transfers. Now, therefore, be it resolved, that pursuant to New York State Village Law § 5-520, the Board of Trustees of the Village of Pelham hereby authorizes and directs the Deputy Village Treasurer to modify the 2018-19 Budget by making the following budget amendments and transfers (attached hereto and made part hereof). Vote Record - Item # 13 – Resolution Authorizing Budget Amendments and Transfers for Fiscal Year 2018-19 Village of Pelham Board of Trustees Regular Meeting Tuesday, September 25, 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 11 Board of Trustees Regular Meeting Tuesday, September 25, 2018 Item # 14 - Authorizing the Accounts Payable Trustee Kagan 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 $226,153.85 Capital Projects Fund $33,000.95 Trust and Agency Fund $0.00 TE Private Purpose Trust Fund $0.00 Grand Total $259,154.80 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Vote Record- Item # 14 – Resolution Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, September 25, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen ☐ ☐ ☐ ☒ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira- ☒ ☐ ☐ ☐ Cohen Item # 15 – Authorizing the Minutes of: None Page 12 Board of Trustees Regular Meeting Tuesday, September 25, 2018 Item # 16 – Adjournment to Executive Session The public portion of the Board meeting was adjourned at 9:15 pm to enter into Executive Session to have a village administrator candidate interview, 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 Tuesday, September 25, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira- ☒ ☐ ☐ ☐ Cohen Respectfully submitted, Terri Rouke, Village Clerk Page 13