Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, FEBRUARY 11, 2020, 7:30 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY 10803 Minutes 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Trustees’ Reports 5. Village Administrator’s Report 6. Mayor’s Report 7. Public Comments # Agenda Items: Non-Recurring Items 8. Resolution Authorizing the Appointment of a Firefighter in the Village of Pelham Fire Department (1 of 2) 9. Resolution Authorizing the Appointment of a Firefighter in the Village of Pelham Fire Department (2 of 2) 10. Resolution Authorizing the Promotion of a Fire Lieutenant to the Position of Fire Captain in the Village of Pelham Fire Department 11. Presentation by the Pedestrian Safety and Traffic Calming Committee – Lincoln Avenue Walking Assessment Report and School Commute Survey Results 12. Resolution Amending § 90-46 Schedule VII: Speed Regulations, as Authorized by § 90-10 Speed Regulations to Set the Maximum Speed Limit on Sparks Avenue to 25 Miles Per Hour 13. Resolution Amending § 90-47 Schedule VIII: School Speed Zones, as Authorized by § 90-11 School Speed Zones to Add a Portion of Nyac Avenue and Franklin Place 14. Resolution Authorizing Stipulation of Settlement and Release of Claims 15. Public Hearing on the Amended Site Plan Application of the Applicant: Elk Homes for 8 Boulevard West (Continuation from 2/11/20) 16. Other Business Recurring Items 17. Authorizing Accounts Payable 18. Authorizing Minutes of: September 24, 2019 19. Adjournment to Executive Session Next Regularly Scheduled BOT Meetings: Tuesday, February 25, 2020 Tuesday, March 10, 2020 All meetings start at 7:30 PM unless otherwise noted. *The agenda is subject to change* Board of Trustees Regular Meeting Tuesday, February 25, 2020 Item # 1 – Meeting called to order: Mayor Mullen called the meeting to order at 7:30 PM. Item # 2 – Pledge of Allegiance: Mayor Mullen lead the Pledge of Allegiance. Item # 3 – Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Trustee Carpenter ☒ ☐ ☐ Trustee Greco ☒ ☐ ☐ Trustee Hill-Ries ☐ ☒ ☐ Trustee Kamal Eldahry ☐ ☐ ☒ Trustee Potocki ☐ ☒ ☐ Trustee Spira-Cohen ☒ ☐ ☐ Village Administrator Small ☒ ☐ ☐ Asst. Village Administrator Scelza ☒ ☐ Asst. to the Village Admin. Farrell ☒ ☐ ☐ Trustees’ Report: Trustee Carpenter thanked the administration and the Fire Department for their work on the new hires through the SAFER Grant. Trustee Greco had nothing to report. Trustee Hill-Ries was absent. Trustee Kamal Eldahry had nothing to report. Trustee Potocki was absent. Trustee Spira-Cohen commended the Mayor on his effort in obtaining the funding for the intersection work. Village Administrator’s Report: Village Administrator Small said the RFP for the SSES was concluded and that he would be able to review and recommend a firm to the Board of Trustees to begin the process. He also mentioned the annual emergency management meeting will be conducted this week with the department heads as well as Kurt Addison. Board of Trustees Regular Meeting Tuesday, February 25, 2020 Mayor’s Report Mayor Mullen mentioned his conversation with the Business Council of Westchester on how to attract and retain successful and new business to our downtown and thanked Maggie Peters and John Ravitz for their time. He also mentioned Thrive Barre & Fitness’ grand opening will be on Thursday, February 27th from 6-8 PM. Finally, he shared news that State Senator, Alessandra Biaggi, and Assembly Member, Amy Paulin, are partnering to give the Village a $350,000 grant for some work we want to do on this intersection at Wolfs Lane and Sparks Avenue. Board of Trustees Regular Meeting Tuesday, February 25, 2020 Item # 7 – Public Comments Richard Veith asked the Board of Trustees about the types of changes that would be made to the intersection of Sparks Avenue and Wolfs Lane. Board of Trustees Regular Meeting Tuesday, February 25, 2020 Non-Recurring Items Item # 8 – Resolution Authorizing the Appointment of a Firefighter in the Village of Pelham Fire Department (1 of 2) Resolution Authorizing the Appointment of a Firefighter in the Pelham Fire Department (1 of 2) Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Anthony Borsella of Pelham, NY to the position of Firefighter Recruit with EMT from Westchester County Civil Service Eligible List # 67-593 in the Pelham Fire Department with an annual salary of $38,439 effective Monday, March 2, 2020 subject to the requirements of Westchester County Civil Service, the current Pelham Professional Firefighters Association Collective Bargaining Agreement, Village of Pelham Employee Handbook and any other applicable regulations in place and for a probationary period of twelve (12) months; and Be it further resolved, that the Mayor, Village Administrator and Fire Chief are authorized to take the necessary and appropriate actions to effect this appointment. Vote Record - Item #8 - Resolution Authorizing the Appointment of a Firefighter in the Pelham Fire Department (1 of 2) Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Greco Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, February 25, 2020 Item # 9 – Resolution Authorizing the Appointment of a Firefighter in the Village of Pelham Fire Department (2 of 2) Resolution Authorizing the Appointment of a Firefighter in the Pelham Fire Department (2 of 2) Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Christopher M. Paolercio of Pelham, NY to the position of Firefighter Recruit with EMT from Westchester County Civil Service Eligible List # 67-593 in the Pelham Fire Department with an annual salary of $38,439 effective Monday, March 2, 2020 subject to the requirements of Westchester County Civil Service, the current Pelham Professional Firefighters Association Collective Bargaining Agreement, Village of Pelham Employee Handbook and any other applicable regulations in place and for a probationary period of twelve (12) months; and Be it further resolved, that the Mayor, Village Administrator and Fire Chief are authorized to take the necessary and appropriate actions to effect this appointment. Vote Record - Item #8 - Resolution Authorizing the Appointment of a Firefighter in the Pelham Fire Department (2 of 2) Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Greco Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, February 25, 2020 Item # 10 - Resolution Authorizing the Promotion of a Fire Lieutenant to the Position of Fire Captain in the Village of Pelham Fire Department Resolution Authorizing the Promotion of a Fire Lieutenant to the Position of Fire Captain in the Village of Pelham Fire Department Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s promotion of Robert Benkwitt of Pelham, NY to the position of Fire Captain from Fire Lieutenant in the Pelham Fire Department with an annual stipend of $10,000 effective Monday, March 2, 2020 subject to the requirements of Westchester County Civil Service, the current Pelham Professional Firefighters Association Collective Bargaining Agreement, Village of Pelham Employee Handbook and any other applicable regulations in place and for a probationary period of twelve (12) months; and Be it further resolved, that the Mayor, Village Administrator and Fire Chief are authorized to take the necessary and appropriate actions to effect this appointment. Vote Record - Item #10 - Resolution Authorizing the Promotion of a Fire Lieutenant to the Position of Fire Captain in the Village of Pelham Fire Department Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Second ☒ ☐ ☐ ☐ Amended Trustee Greco Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, February 25, 2020 Item #11 - Presentation by the Pedestrian Safety and Traffic Calming Committee – Lincoln Avenue Walking Assessment Report and School Commute Survey Results Todd Cross presented the findings of the Pedestrian Safety and Traffic Calming Committee’s Lincoln Avenue Walking Assessment Report and School Commute Survey Results. Board of Trustees Regular Meeting Tuesday, February 25, 2020 Item # 12 - Resolution Amending § 90-46 Schedule VII: Speed Regulations, as Authorized by § 90-10 Speed Regulations to Set the Maximum Speed Limit on Sparks Avenue to 25 Miles Per Hour Resolution Amending § 90-46 Schedule VII: Speed Regulations, as Authorized by § 90-10 Speed Regulations to Set the Maximum Speed Limits on Sparks Avenue to 25 Miles Per Hour Whereas, the Board of Trustees has determined that parking and/or traffic conditions on Sparks Avenue in the Village of Pelham create a greater risk of accidents and in some cases have in fact caused accidents; and Whereas, Sparks Avenue often carries heavy traffic and is located in the mixed residential-business area wherein streets are often lined with parked cars and trucks; and Whereas, many pedestrians including but not limited to students walking to and from school and people in the Village to shop, take advantage of the services offered by the Village’s local businesses and to enjoy meals at the local restaurants often cross Wolfs Lane and Sparks Avenue; and Whereas, Sparks Avenue serves as an on-ramp to the Hutchinson River Parkway, a major thoroughfare; and Whereas, many students walk by the intersection of Wolfs Lane and Sparks Avenue on their way to and from the Pelham Middle School and Pelham Memorial High School; and Whereas, the Board of Trustees has determined that lowering the maximum speed limit on Sparks Avenue will benefit the health, safety and welfare of the public by reducing the chance of accidents. Now, therefore, be it resolved, that § 90-46 Schedule VII: Speed regulations, as authorized by § 90- 10 Speed regulations, is amended to include the following street having a maximum speed limit of 25 miles per hour: Sparks Avenue Vote Record - Item #12 - Resolution Amending § 90-46 Schedule VII: Speed Regulations, as Authorized by § 90-10 Speed Regulations to Set the Maximum Speed Limits on Sparks Avenue to 25 Miles Per Hour Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira-Cohen Motion ☐ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, February 25, 2020 Item # 13 – Resolution Amending § 90-47 Schedule VIII: School Speed Zones, as Authorized by § 90-11 School Speed Zones to Add a Portion of Nyac Avenue and Franklin Place Resolution Amending§ 90-47 Schedule VIII: School Speed Zones, as Authorized by§ 90- 11 School Speed Zones to Add a Portion of Nyac Avenue and Franklin Place Be it resolved, by the Mayor and Board of Trustees of the Village of Pelham, that the following addition is made to Chapter 90 of the Village Code, entitled "Vehicles and Traffic", § 90-47, as follows: § 90-47 Schedule VIII: School Speed Zones. In accordance with the provisions of§ 90-11, speed limits shall be as indicated in the school speed zones described below: Location Side Speed Limit Franklin Place Both On Franklin Place between Nyac Avenue & Corlies Avenue, 15 mph Nyac Avenue Both On Nyac Avenue between Franklin Place & Boulevard, 15 mph Vote Record - Item #13 - Resolution Amending§ 90-47 Schedule VIII: School Speed Zones, as Authorized by§ 90- 11 School Speed Zones to Add a Portion of Nyac Avenue and Franklin Place Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Greco Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, February 25, 2020 Item # 14 – Resolution Authorizing Stipulation of Settlement and Release of Claims Resolution Authorizing Stipulation of Settlement and Release of Claims Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Mayor to execute the Stipulation of Settlement and Release of Claims Agreement between the Village of Pelham and Employee ID 5189. Vote Record - Item #14 - Resolution Authorizing Stipulation of Settlement and Release of Claims Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2020 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☐ ☐ ☐ ☐ Amended Trustee Greco ☐ ☐ ☐ ☐ ☒Tabled Trustee Hill-Ries ☐ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☐ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, February 25, 2020 Item # 15 - Public Hearing on the Amended Site Plan Application of the Applicant: Elk Homes for 8 Boulevard West (Continuation from 2/11/20) Public Hearing on the Amended Site Plan Application of the Applicant: Elk Homes for 8 Boulevard West (Continuation from 2/11/20) Whereas, on November 7, 2019, the applicant: Elk Homes submitted an Amended Site Plan Application to the Building Inspector; and Whereas, on November 12, 2019, the Board of Trustees of the Village of Pelham discussed the 8 Boulevard West Amended Site Plan Application and referred the applicant to the Planning Board and Architecture Review Board; and Whereas, on November 18, 2019, the applicant was before the Village of Pelham Planning Board; and Whereas, on January 15, 2020, the remedial submission by Elk Homes to the Architectural Review Board was deemed insufficient and denied; Whereas, on January 28, 2020, the applicant presented their Amended Site Plan Application to the Board of Trustees of the Village of Pelham and a Public Hearing was called for Tuesday, February 11, 2020; and Whereas, on February 10, 2020, the Architecture Review Board submitted a summary of its review and reasons behind voting to unanimously deny the application, the reasons include: • Cornice proposed would not extend across the entire facade due to an unapproved window installation. The proposed projection of the cornice of 3 ½" was deemed· inadequate for the scale of the building. • Fence replacement specifications including color was not provided at the meeting. • Rationale that change in brickwork would void warrantee was not satisfactorily substantiated • Applicant given the choice to come back before the ARB or proceed to a vote, chose for a vote; and Whereas, the Board of Trustees on February 11, 2020 held open the Public Hearing and referred the applicant back to the Architecture Review Board for further consideration; and Whereas, the applicant appeared before the ARB on February 19, 2020, and the applicant will change the fence color on the west side of the building from white to dark grey; and Whereas, the Board of Trustees closed the Public Hearing on February 25, 2020 and is appreciative of the time and effort of the Architecture Review Board, Planning Board and the applicant: Elk Homes in earnestly pursuing a resolution; and Board of Trustees Regular Meeting Tuesday, February 25, 2020 Whereas, the Board of Trustees further recognizes the importance of development in conformance of established regulations in the Village of Pelham and is desirous to bring this matter to conclusion; Now therefore be it resolved, that the Board of Trustees of the Village of Pelham approves the amended site plan of Elk Homes for 8 Boulevard West. Vote Record - Item #15 - Public Hearing on the Amended Site Plan Application of the Applicant: Elk Homes for 8 Boulevard West (Continuation from 2/11/20) Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2020 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, February 25, 2020 Item # 16 – Other Business Trustee Kamal Eldahry brought up the EV charging stations. They discussed potential locations as well as funding for the charging stations. They also discussed traffic lights and costs of repairs and replacement and the parking study and complete streets assessment. Board of Trustees Regular Meeting Tuesday, February 25, 2020 Recurring Items Item # 17 - Authorizing the Accounts Payable Trustee Kamal Eldahry audited 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 Assistant Village Administrator/Village Treasurer: Fund Name: Amount General Fund $379,714.94 Capital Projects Fund $0.00 Trust and Agency Fund $1,180.00 TE Private Purpose Trust Fund $0.00 Grand Total $380,894.94 Be it further resolved, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Vote Record - Item # 17 - Resolution Authorizing Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2020 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, February 25, 2020 Item # 18 - Authorizing Minutes: of September 24, 2019 Vote Record - Item # 18 - Authorizing Minutes: of September 24, 2019 Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2020 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Greco ☐ ☐ ☒ ☐ ☐Tabled Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Item # 19 – Adjournment Vote Record - Item # 19 - Adjournment Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Withdrawn Trustee Kamal Eldahry Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira-Cohen ☒ ☐ ☐ ☐ The Board of Trustees meeting was adjourned at 9:45 PM. Respectfully submitted, Cara R. Farrell, Secretary to the Village Administrator