Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, MARCH 12, 2019, 7:30 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY 10803 MINUTES 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Mayor’s Report 5. Trustees’ Reports 6. Village Administrator’s Report 7. Public Comments # Agenda Items: Non-Recurring Items 8. Discussion of Status of Developer’s Responses to RFP 9. Discussion on Tax Law Change Respecting Conversions of Properties 10. Discussion on Village Parking Management Software (Mobile App, Permit Software, Enforcement) 11. Discussion Regarding Recollect Waste and Recycling Communications Platform 12. Resolution Authorizing Tax Certiorari Settlement and Payment for 629 Fifth Avenue LLC, at 629 Fifth Avenue 13. Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA), the general municipal law and the Westchester County Administrative Code regarding the application of 163 Wolfs Lane (Concrete Ventures, LLC, 1009 West Boston Post Road, 2nd Floor, Mamaroneck, NY 10543) 14. Resolution pursuant to the New York State Environmental Quality Review Act (SEQRA), the General Municipal Law and the Westchester County Administrative Code Regarding the Application of 139 Fifth Avenue (Monumentum Realty Acquisitions and Pelham RE Partners) 15. Other Business: Resolution Authorizing the Execution of a Memorandum of Agreement with the Village of Pelham Professional Firefighters Local 2213, IAFF, ALF-CIO (June 1, 2019 to May 31, 2024) Recurring Items 16. Authorizing Budget Amendments and Budget Transfers for FY 2018-19 17. Authorizing Accounts Payable Next Regularly Scheduled BOT Meetings: Tuesday, March 26, 2019 Tuesday, April 1, 2019 7:00 (Annual Organizational Meeting) Budget Work Session Meeting: Thursday, March 28, 2019 6:00 PM (Revenue and Non-Departmental Expenses) All meetings start at 7:30PM unless otherwise noted. *The Agenda is subject to change* Board of Trustees Regular Meeting Tuesday March 12, 2019 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Volpe at 7:30 PM Item # 2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Volpe. Item # 3 – Roll Call: Attendee Name Present Absent Late Mayor Volpe ☒ ☐ ☐ Trustee Ferrara ☒ ☐ ☐ Trustee Kagan ☒ ☐ ☐ Trustee Kamal Eldahry ☒ ☐ ☐ Trustee Mullen ☒ ☐ ☐ Trustee Potocki ☒ ☐ ☐ Trustee Spira-Cohen ☐ ☒ ☐ Village Administrator Small ☒ ☐ ☐ Asst. Village Administrator Scelza ☒ ☐ ☐ Asst. to the Village Admin. Farrell ☒ ☐ ☐ Mayor’s Report: He introduced the Village’s new Secretary/Assistant to the Village Administrator, Cara Farrell. He said it's not just secretarial it's actually performing functions pursuant to the civil service rules and regulations that include administering the day to day blocking and tackling of the Village. Cara has her MPA from the State University the College at Brockport. He welcomed her aboard. The Mayor mentioned he received an email regarding a complaint about Ancon Avenue. There are some traffic problems at times, up on Ancon avenue where Kings Highway, Ancon, Boulevard, Colonial and Manor Ridge Road all come together. We tried to do something about it, we have done a little bit about it so far. I guess as a result of the letter I sent to the community talking about things we've done, I got some complaints that we didn't get everything done we said we get done out there. One of the bad things you have to do as a mayor sometimes is say “no” to people. We don't have enough to do certain things. Mr. Small and Mr. Scelza spoke with traffic consultants and the engineers in part to try to reduce the costs to the installation of the signs and the engineering work and the other work that we have to do. To refresh people's recollection, the engineering and planning alone was going to be in excess of $30,000 and then the signage and the labor and other things would be on top of that which is something we did not anticipate. We will try to find ways and I trust the next government will try to find Page 2 Board of Trustees Regular Meeting Tuesday March 12, 2019 ways to continue that work in whatever way the committee and the next Village Board thinks appropriate and maybe adding some sidewalks or maybe adding some crosswalks. He reminded people to vote on March 19th, one week from today. Trustee Potocki added his thoughts concerning traffic studies. Trustee Ferrara added that per the last agreement with the committee the sign installation is yet to be completed. Mayor Volpe opened to public comments for items that are not on the agenda. Trustees’ Report: Trustee Ferrara announced and thanked the Junior League of Pelham for their donation of a water paint table as an addition to Woodland Park. Overall, for the past four years, they've made a long- standing commitment to the community into the park and they keep adding different features for the park as well as contributing funds to help with its maintenance. Trustee Kagan thanked the chief of police and the members of the department who are working diligently to renovate the police station on their own for the first time in almost 20 years. Trustee Kamal Eldahry thanked the members of the WMOA Westchester Municipal Officials Association Refuse committee who she met with on Wednesday, as well as Tarrytown mayor Drew Fixell who is leading that committee. We've been meeting because our contract with the County of Westchester is coming up for renewal and we are one of 30-some municipalities who are members of the Refuse District. Trustee Mullen said he loved the Mayor’s letter and thanked him for his service. Trustee Potocki said he was glad to hear that the Board moved forward the proposal for the 80% restricted age housing project located at 139 Fifth Avenue. Village Administrator’s Report: None. Mayor Volpe opened to public comments for items that are not on the agenda. Item # 7 – Public Comments Amanda Jaskiewicz of 264 Eastland Avenue thanked the Board of Trustees for all they do for the Village of Pelham. She discussed her concern regarding social media and the difficulty for residents Page 3 Board of Trustees Regular Meeting Tuesday March 12, 2019 of Pelham to stay informed. Additionally, Ms. Jaskiewicz expressed the danger in having a mindset to feel any development is better than no development. Rick Hume of 125 Fifth Avenue informed the Board of Trustees about his fear of parking spaces being significantly decreased with so much new development. Page 4 Board of Trustees Regular Meeting Tuesday March 12, 2019 Non-Recurring Items Item # 8 – Discussion of Status of Developer’s Responses to RFP Mayor Volpe gave a run-down of the project desired by the Village as well as potential RFP responders. He noted how this is an opportunity for the Village of Pelham to invest in developable properties in concert with bringing improvements to our community. Item # 9 - Discussion on Tax Law Change Respecting Conversions of Properties Mayor Volpe gave an overview of homestead and non-homestead properties and how they’re treated differently. Historically, condominiums have been categorized as homestead and are taxed differently than other residential properties. The current construction at 8 Boulevard West was brought up as a potential example of this potential law. Mayor Volpe called for a public hearing on April 26, 2019 regarding the tax law change respecting conversions of properties. Item # 10 – Discussion on Village Parking Management Software (Mobile App, Permit Software, Enforcement) Village Administrator, Omar Small presented the Passport Parking Management Software to the Board of Trustees and the public. This will be a change from the Village’s current parking provider, Comp Plus. Mayor Volpe added the rough estimated savings of $10,000 within the first year of transitioning. Deputy Mayor Kagan added that the data provided by the new system would allow us to make adjustments and monitor usage and enforcement in ways we cannot now. The Board of Trustees decided to pass the resolution regarding approving Passport as the new Parking Management Software on March 26, 2019. Item # 11 – Discussion Regarding Recollect Waste and Recycling Communications Platform Trustee Mullen discussed the Recollect platform through Sustainable Westchester. He noted that the Sustainability Advisory Board originally suggested the addition and how simple and user-friendly it is. Users and residents will be able to obtain information to answer some questions they may have regarding their various collections. Deputy Mayor, Adam Kagan added the part that persuaded him was the increase recycling stream and decrease in garbage could offset the cost of the application. Page 5 Board of Trustees Regular Meeting Tuesday March 12, 2019 Item # 12 – Resolution Authorizing Tax Certiorari Settlement and Payment for 629 Fifth Avenue LLC, at 629 Fifth Avenue Resolution Authorizing Tax Certiorari Settlement and Payment for 629 Fifth Avenue LLC, at 626 Fifth Avenue Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorize the Court Ordered settlement and payment for a refund of Village taxes and reduction in assessment to 629 Fifth Avenue pursuant to the Court Order and Judgement for the property at the following addresses for the following amounts: Address: Tax Lot ID #: Assessment Years: Amount: 629 Fifth Avenue 159.69.1-1 2014 $5,578.65 2015 $5,445.00 Total Refund: $11,023.65 Be it further resolved, that the Mayor, Village Treasurer and Village Attorney are authorized to take the necessary and appropriate actions to affect this Court Order and refund these Village taxes. Vote Record - Item # 12 – Resolution Authorizing Tax Certiorari Settlement and Payment for 629 Fifth Avenue LLC, at 626 Fifth Avenue Village of Pelham Board of Trustees Regular Meeting Tuesday, March 12, 2019 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 Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 6 Board of Trustees Regular Meeting Tuesday March 12, 2019 Item # 13 – Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA), the General Municipal Law and the Westchester County Administrative Code Regarding the Application of 163 Wolfs Lane (Concrete Ventures, LLC, 1009 West Boston Post Road, 2nd Floor, Mamaroneck, NY 10543) Be it resolved, by the Board of Trustees of the Village of Pelham as follows: 1. The proposed action is the approval of a permit and site plan approval pursuant to Village Code §§ 98-106.3 allowing the construction of a 5-story (60’) 54,309-sf mixed use development with 28 rental units; 1,400 sf of ground floor retail; 35 structured parking spaces. The project site is located at 163 Wolfs Lane and consists of 1 parcel that totals .320 ac. The site is a former gas station and vehicle repair shop that was subject to a Phase I Environmental Site Assessment Report (June 27, 2017) clean up…. 2. The Board of Trustees has reviewed and considered the Environmental Assessment Form submitted by the applicant. 3. The Board of Trustees determines that: (a) the proposed action is subject to the requirements of SEQRA; (b) the proposed action is an Unlisted Action; (c) the action is not located in an agricultural district; and (d) the Westchester County Board of Health in an involved agency. 4. The Board of Trustees determines that because there is another involved agency, the Zoning Board of Appeals, it proposes to be the lead agency for purposes of SEQRA review and will conduct a coordinated review in accordance with 6 NYCRR § 617. Vote Record - Item # 13 – Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA), the General Municipal Law and the Westchester County Administrative Code Regarding the Application of 163 Wolfs Lane (Concrete Ventures, LLC, 1009 West Boston Post Road, 2nd Floor, Mamaroneck, NY 10543) Village of Pelham Board of Trustees Meeting Tuesday, March 12, 2019 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 Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 7 Board of Trustees Regular Meeting Tuesday March 12, 2019 Item # 14 – Resolution pursuant to the New York State Environmental Quality Review Act (SEQRA), the General Municipal Law and the Westchester County Administrative Code Regarding the Application of 139 Fifth Avenue (Monumentum Realty Acquisitions and Pelham RE Partners) Be it resolved, by the Board of Trustees of the Village of Pelham as follows: 1. The proposed action is the approval of a permit and site plan approval pursuant to Village Code §§ 98-106.3 for the construction of a 6-story (68’4”), 50,212 sf mixed-use development with 35 rental units, 5,154 sf of ground floor retail, and 35 parking spaces. The project site is at 139 Fifth Avenue and consists of 2 parcels that total .461 ac. Parcel 1 (Block 1, Lot 89) consists of .230 ac. Parcel 2 (Block 1, Lot 71) has .230 ac. 2. The Board of Trustees has reviewed and considered the Environmental Assessment Form submitted by the applicant. 3. The Board of Trustees determines that: (e) the proposed action is subject to the requirements of SEQRA; (f) the proposed action is an Unlisted Action; (g) the action is not located in an agricultural district; and (h) the Westchester County Board of Health in an involved agency. 4. The Board of Trustees determines that because there is another involved agency, the Zoning Board of Appeals, it proposes to be the lead agency for purposes of SEQRA review and will conduct a coordinated review in accordance with 6 NYCRR § 617. Vote Record - Item # 14 – Resolution pursuant to the New York State Environmental Quality Review Act (SEQRA), the General Municipal Law and the Westchester County Administrative Code Regarding the Application of 139 Fifth Avenue (Monumentum Realty Acquisitions and Pelham RE Partners) Village of Pelham Board of Trustees Meeting Tuesday, March 12, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 8 Board of Trustees Regular Meeting Tuesday March 12, 2019 Item # 15 – Other Business Trustee Kamal-Eldahry mentioned that there will be an option on the back of the ballot proposition to ask you if you want to change the election date to November from where it is right now March for local elections. Page 9 Board of Trustees Regular Meeting Tuesday March 12, 2019 Resolution Authorizing the Execution of a Memorandum of Agreement with the Village of Pelham Professional Firefighters Local 2213, IAFF, ALF-CIO (June 1, 2019 to May 31, 2024) Resolution Authorizing the Execution of a Memorandum of Agreement with the Village of Pelham Professional Firefighters Local 2213, IAFF, ALF-CIO (June 1, 2019 to May 31, 2024) Whereas, the Village of Pelham (“Village”) and the Pelham Professional Firefighters Local 2213, IAFF, ALF-CIO, representing the Village’s Fire Department (“Union”) are parties to a Collective Bargaining Agreement that expires on May 31, 2019; and Whereas, changes to the terms and conditions of employment were agreed upon by the parties and placed in the form of a Memorandum of Agreement (attached hereto and made apart hereof); and Whereas, the membership of the Union approved the terms and conditions contained in the Memorandum of Agreement; and Whereas, the Memorandum of Agreement between the Village and the Union regarding the terms and conditions of employment for the period of June 1, 2019 through and including May 31, 2024 is being presented for approval by the Village Board of Trustees. Now, therefore, be it resolved, that the Memorandum of Agreement between the Village and the Union regarding the terms and conditions of employment for the period of June 1, 2019 through May 31, 2024 is hereby approved; and Be it further resolved, that the Mayor, Trustee Liaison and Village Administrator are hereby authorized to execute a Memorandum of Agreement for the period of June 1, 2019 through May 31, 2024 between the Village and the Union incorporating the terms and conditions of said Memorandum of Agreement. Vote Record – Item #15 - Resolution Authorizing the Execution of a Memorandum of Agreement with the Village of Pelham Professional Firefighters Local 2213, IAFF, ALF-CIO (June 1, 2019 to May 31, 2024) Village of Pelham Board of Trustees Regular Meeting Tuesday, March 12, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry Second ☒ ☐ ☐ ☐ ☐Withdrawn ☐Discussed Trustee Mullen Motion ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 10 Board of Trustees Regular Meeting Tuesday March 12, 2019 Recurring Items Item # 16- 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 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 # 16 – Authorizing Budget Amendments and Transfers for FY2018-19 Village of Pelham Board of Trustees Meeting Tuesday, March 12, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Motion ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Mullen Second ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 11 Board of Trustees Regular Meeting Tuesday March 12, 2019 Item # 17 - 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 Village Administrator and Village Treasurer: Fund Name: Amount General Fund $148,963.33 Capital Projects Fund $0.00 Trust and Agency Fund $0.00 TE Private Purpose Trust Fund $0.00 Grand Total $148,963.33 Be it further resolved, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Vote Record - Item # 18 – Resolution Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, March 12, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Motion ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Mullen Second ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 12 Board of Trustees Regular Meeting Tuesday March 12, 2019 Vote Record – Motion to Adjourn Village of Pelham Board of Trustees Regular Meeting Tuesday, March 12, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn ☐Discussed Trustee Mullen Second ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Respectfully submitted, ____________________ Cara R. Farrell, Secretary/Assistant to the Village Administrator Page 13