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Mayor & Village Board of Trustees

Regular Meeting

Pelham, NY · October 23, 2018

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Minutes

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, OCTOBER 23, 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 on 2019 Community Choice Aggregation Energy Program by Westchester Power 9. Presentation on Audited Financial Statement for Fiscal Year 2017-18 by PKF O’Connor Davies, LLP. 10. Discussion on 101 Wolfs Lane Resolutions and IDA Public Hearing Notice 11. Resolution Adopting Anti-Discrimination and Harassment Policy 12. Resolution Authorizing the Acceptance of a Donation from the Junior League of Pelham for Landscape Improvements to Woodland Park 13. Resolution Designating Polling Place and Hours for General Village Election to be Held on Tuesday, March 19, 2019 14. Resolution Authorizing the Execution of an Employment Agreement with Fire Chief 15. Resolution Authorizing the Execution of an Employment Agreement with Superintendent of Public Works/Building Inspector 16. Other Business Recurring Items 17. Authorizing Accounts Payable 18. Authorizing the Minutes of: 19. Adjournment to Executive Session Next Regularly Scheduled BOT Meetings: Tuesday, November 13, 2018 Tuesday, November 27, 2018 Board of Trustees Regular Meeting Tuesday, October 23, 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 ☐ ☒ ☐ Mayor’s Report: Mayor Volpe congratulated the Pelham Civics and their honoring of Richard Davidian and Kathie O’Callaghan at their annual dinner. He said the Village of Pelham gave the honorees Proclamations and he thanked them for their service to the community. Mayor Volpe explained that he had been asked to go to Hutch school on election day and meet with some of the children. He reported that there were no new developments on the proposal of a monopole by New York State’s contractor Crown Castle. Trustees’ Report: Trustee Ferrara thanked the police department regarding some concerns that Colonial parents and the PTA had about three individual incidents back in September with suspicious individuals trying to talk to children. She thanked Detective Hynes and Officer Sheehy and the team for organizing several safety assemblies quickly and making sure that concerns were addressed. Page 2 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Deputy Mayor Kagan wanted to report that he was so excited that his solar panels were online and he could track kilowatts with a great application called solar-edge, that allows you to follow all of it happening in real time. He thanked Trustee Spira -Cohen and those who made the program possible. He mentioned that after two years the Village was now re-engaging with Cablevision, now called Altice, over their franchise agreement in the Village. Lastly, he wanted to thank the Police Chief Pallett for reinstating the Community Police Officer. He said if you see Officer Sheehy on the street please say hello. Trustee Kamal Eldahry wanted to thank the Westchester Municipal Officials Association for a monthly dinner that was hosted by the Village of Ossining. She was very appreciative for having been invited and said it was a great dinner and that she would welcome them to our Municipal Officials dinner which we host every five years and will be hosting on December 13th. Trustee Mullen wanted to thank Interim Administrator Scelza as well as the MTA because Mr. Scelza was able to talk to the Village liaison at the MTA regarding an issue that some of the residents near the tracks had concerning noise and the issue should be resolved by the end of this week. He thanked all those who sent nice comments about the my VOP app and was happy to see that it looks like a lot of people are downloading it. He explained that you can download it for Apple or Android devices through the iTunes store or google play store by searching for Village of Pelham. Trustee Mullen congratulated the Fire Department who participated in a chili cookout with Eastchester, and came in second place. He explained that he and Trustee Spira-Cohen had been working on the sexual harassment policy which was crafted by the new guidance from the state. He said they had quite a bit of feedback to provide and he thanked Assemblywoman Amy Paulin, for always being open to helping us out by listening and volunteering to accept the feedback and advocate for the changes. Trustee Potocki discussed possible locations for loading zones throughout the Village and that he had spoken with the police chief and some local businesses that have multiple or large deliveries. He said that through these discussions they came up with three potential spots for these zones and that he would get back with more information at a later date. He wanted to congratulate the girls field hockey team for winning their league in the quarterfinals against Rye and for moving on to the semi- finals against John Jay. Trustee Spira-Cohen gave a quick shout out to DeCicco’s for their announcement about getting rid of plastic bags. Lastly, she announced that the Sustainability Advisory Board has a meeting with NYPA on October 29th to discuss the design for the LED street lights conversion. Interim Village Administrator’s Report: Nothing to report Page 3 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Item # 7 – Public Comments John Cassone of Seventh Avenue congratulated the police department for holding a coffee with residents. He was in attendance and said it was a great thing that lots of people attended and he hoped that it would continue. Tom White of 55 First Street introduced himself and said that he is a co-chair of the Pelham Sustainability Advisory Board and he wanted to present to the Board of Trustees their recommendation that the board sign up for Sustainable Westchester Recollect at a cost of $2000 a year but with potential cost savings for the Village. Trustee Spira-Cohen gave an overview of Recollect and explained that it is a software system that could be integrated into the My VOP app so that residents could get personized address specific information on how to dispose of anything. Mayor Volpe said that he was in favor and asked that Mr. White, Trustee Spira-Cohen and Trustee Mullen collaborate and coordinate a report for the next meeting on November 13th with all of the information needed so that the Board could move ahead with this. Page 4 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Non-Recurring Items Item # 8 – Presentation on 2019 Community Choice Aggregation Energy Program by Westchester Power Dan Welsh, of Sustainable Westchester gave a report about the Westchester Power Program. He explained that it is a big bulk electricity buying program, where they purchase electricity on behalf of the residents in the participating municipalities. He went on to explain that there are about 100,000 customers in 24 municipalities today in that program, since 2016. He said that the residents are automatically enrolled in that program and receive that supply unless they opt-out. Residents have the ability to opt-out, at all times, and retain the option to change supply options. He said that since its beginning in 2016, there has been a savings of over $14 million for its residents in the 20 territory municipalities and important to the mission, over 300,000 tons of carbon dioxide that have been negated. He explained that on an annualized basis, it worked out to approximately $119 for each residential customer, and about $16 a year for the commercial customers, which is not a huge amount, but a savings while purchasing 100% renewable power. He gave a brief explanation of the RFP process because the current contract is up at the end of 2018. He said the bids, in order to be considered compliant, need to come under the target, and the target for 2018 for the residential was 8.26¢, and the commercial was 9.06¢ and those are based on trailing averages of the utility rate over the previous 12 months, so we want it a bit better than the average utility rates. He said that when the RFP process was completed Constellation came in a smidge under the next bidder, so they will continue to be the supplier. He said that going forward, from 2019 to 2021, residents will be guaranteed a price which is less than the utility averages going back four years ago. Something he considered a nice accomplishment. Additionally, he said that a big slice came out of the commercial rates because Constellation decided they were going to offer the same rate for both rate classes. He said a notification letter would be sent out in mid-November, very similar to the letter that went out during the launch of the program but with a slight change in language to recognize people that are already in the program and will contain the same important piece of information reminding the residents of the different supply options that they have. The new rates will take effect after January 1st, on the first meter read. He concluded his report with a reminder that they are located in Mount Kisco and their job is to field the questions and phone calls and liaise with all the stakeholders in the community and build on the program. Page 5 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Item # 8A– Resolution Authorizing Community Choice Aggregation Electric Service Agreement WHEREAS, Sustainable Westchester, Inc. sought approval of a demonstration community choice energy aggregation (“Community Choice”) program in Westchester County in 2014, which would allow local governments to participate in a Sustainable Westchester program to procure energy supply from an Energy Services Company for the residents of the municipalities; WHEREAS, on February 26, 2015, the Public Service Commission of the State of New York approved implementation of the first Community Choice pilot program in New York State; WHEREAS, the PSC subsequently issued the order 'Authorizing Framework for Community Choice Aggregation Opt-out Program" on April 21, 2016" (the “CCA Order”) enabling Community Choice throughout New York State; WHEREAS, the Westchester Community Choice Aggregation program (also known as Westchester Power) is intended to include residential and small non-residential customers, and to permit the aggregation of electric purchases by the communities which elect to participate; WHEREAS, the Village of Pelham ("Municipality") has adopted a Local Law to participate in the Sustainable Westchester Community Choice Program ("Program") to aggregate consumers located within the Municipality and to negotiate competitive rates for the supply of electricity for such consumers; WHEREAS, the program allows Municipality to solicit competitive bids for the supply of electricity individually or as part of a buying group with other municipal aggregators; WHEREAS, Sustainable Westchester, Inc. has been authorized by the Municipality to act as Program Manager for a Community Choice Program, pursuant to Local Law and Memorandum of Understanding, issue a request for proposals to suppliers to provide energy to Participating Customers, and to award supply contracts; WHEREAS, the Program executed the first electric service contracts in 2016 (the “2016 ESA”) with 14 municipalities in the Westchester Con Ed utility territory, adding one more in February of 2018, and these contracts expire on December 31, 2018; WHEREAS, Constellation NewEnergy, Inc. an entity duly authorized to conduct business in the State of New York as an energy service company (ESCO) ("Competitive Supplier"), desires to provide Full- Requirements Power Supply to consumers located within the Municipality, pursuant to the terms and conditions of the Municipality's Program and this Electric Service Agreement ("ESA"); Page 6 Board of Trustees Regular Meeting Tuesday, October 23, 2018 WHEREAS, the Municipality desires that the Competitive Supplier provide Firm Full-Requirements Power Supply and Consolidated Billing as an alternative to Default Service for consumers within the Municipality; WHEREAS, Competitive Supplier is willing to provide two distinct electric supply products and two corresponding pricing levels, (1) a Standard Product and price, and (2) Standard Product plus a 100% Renewable Clean Power Product (New York Voluntary Clean Power RECs) Product and price as set out in Exhibit A herein; WHEREAS, Municipality has chosen the Standard Product / 100% Renewable Clean Power Product (New York Voluntary Clean Power RECs) (select one) as the Default Product for its residents and small businesses; WHEREAS, Competitive Supplier agrees to pay a fee to Program Manager; WHEREAS, Municipality prefers for Competitive Supplier to collect and remit the fees due the Program Manager; WHEREAS, the local governments that participate in the Sustainable Westchester Community Choice Program, including this Municipality, intend that this Agreement be uniform in form and substance in each instance throughout the Program; and NOW THEREFORE, IT IS AGREED THAT, Municipality, Program Manager, and the Competitive Supplier hereby enter into this ESA subject to the terms and conditions below. Vote Record - Item #8A – Resolution Authorizing Community Choice Aggregation Electric Service Agreement Village of Pelham Board of Trustees Regular Meeting Tuesday, October 23, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 7 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Item # 9 - Presentation on Audited Financial Statement for Fiscal Year 2017-18 by PKF O’Connor Davies, LLP. Robert Daniele and Catherine Rapfogel of PKF O’Connor Davies, LLP presented to the Board their Audited Financial Statement for Fiscal Year 2017-18. They thanked the Village staff for their help and assistance during the audit. Mr. Daniele reported overall the Village of Pelham has no material weaknesses, no fraud to report, no significant deficiencies, and no difficulties in dealing with management. The Tax Limit for the Fiscal Year 2017-18 Village of Pelham budget was within the tax cap. • Actual results of operations resulted in decrease of the fund balance of the General Fund by $416,866. Revenues and other financing sources were $14,450,744 which was $275,073 or 1.94% more than the final budget. Expenditures and other financing uses were $14,867,610 which was $260,063 or 1.72% less than the final budget. • At the end of FYE 2017-2018, the unassigned fund balance for the General Fund decreased by 22.14% from $2,188,286, to $1,704,158, which equates to 11.66% of the total General fund expenditures budgeted for 2018-2019 • At the close of the current fiscal year, the Village had short term debt outstanding of $3,765,990. $151,490 was issued to refinance bond anticipation notes outstanding as of May 31, 2017, while paying down $154,230 in principal from General Fund appropriations. $3,614,500 new money was issued for Police, Fire and Highway equipment and various capital projects including $1,700,000 for rehabilitation of Parking Lot 2. Page 8 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Item # 10 – Discussion on 101 Wolfs Lane Resolutions and IDA Public Hearing Notice Mayor Volpe explained that this would be a discussion on the 101 Wolfs Lane resolution and the public hearing notice that the Industrial Development Agency wanted to have respecting the application by the developer for 101 Wolfs Lane and some obligations they may have under typical tax laws. He said the county gave us notice that they wanted to have the hearing on Friday November 16th, at 3:00 PM. here in Village Hall. The IDA noticed the public hearing in the letter of October 16th of 2018 by Joan McDonald, IDA Chairperson. At the hearing the county limits comments to five minutes and written comments can be made by mailing them to Bridget Gibbons at 148th Martin Avenue, 9th floor, White Plains New York 10601. Anyone that wants to give oral testimony and make any statements, are going to have to, in advance, provide your name, address and telephone number to Ms. Gibbons at 914-995-295-2 by close of business on November 14th, 2018. Next Mayor Volpe wanted to discuss where we are on the resolutions for 101 Wolfs Lane. He reminded the public that the Board, got the information back from the Planning Board and the Architectural Review Board and held a few meetings with the developer and then the Board took a vote to call for the drafting of resolutions necessary to consider approval of the 101 Wolfs Lane project. He explained that there were a couple of outstanding items when the drafts were being done and that there was some back and forth and Mayor Volpe suggested that he’d like to do this in public in a transparent manner. He introduced Seth Mandelbaum, counsel for MatriArch development asking him to describe where everything stands. Mr. Mandelbaum explained that most all of the physical aspects of this project are set forth in the plans that you've seen and are referenced in these documents that we've reproduced for you tonight. Mr. Mandelbaum introduced three documents. The first is a resolution, which, if the Board adopted it, would approve the site plan and allows the application of the business district loading zone to this property. There were two aspects of the project that required additional documentation that would ultimately be recorded in the office of the county clerk. One is from the property owner, which is Pelpark LLC, and allows for public access across Pelpark 's property from the parking lot in the back to Wolfs Lane. The second is an easement from the Village to Pelpark, allowing Pelpark and MatriArch's resident, guests, et cetera, to cross the village property to access their parking garage, and also permanently, to install utilities from that area to service their building. He added that these documents also reflect temporary construction easement that allows them to use certain parts of the village property on a temporary basis to construct their building. He reminded the Board that one of the issues that was discussed was regarding Pelpark paying for the easement across the village property and that the Village agreed to allow them to pay $750,000 over 15 years He said that this raises the issue of security and to secure that payment for the easement there is a provision that says that Pelpark has to maintain a bond of about $50,000 to guarantee that payment. He further explained that if they ever fail to make that bond during the 15 years they're going to be paying this obligation, that first they have to pay a penalty of $50,000 and secondly, there is an acceleration clause where they agree that the total amount becomes due immediately if they fail to maintain that bond. Page 9 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Mr. Mandelbaum also wanted to clarify that if the same exact project was built by a third party that the easement would still stay in place but they would have to come back to the Board if the developer or a new developer wanted any modification of the site. Deputy Mayor Kagan asked Mr. Mandelbaum if, in his view, did this preclude the village for building a parking deck over that as long as the easement was maintained? Mr. Mandelbaum replied that it did not. Deputy Mayor Kagan asked Mr. Mandelbaum to help him understand how this IDA works. Mr. Mandelbaum explained that this is what is known as a straight lease transaction. There's a lease and a sublease back, so title actually doesn't transfer to the IDA, but they're in the chain of title, for lack of better term. He said that state law allowed the straight lease structure and creates a legal fiction that the property is exempt from sales tax and mortgage tax. The benefits we're seeking from the IDA are sale tax exemption on materials and mortgage recording tax exemption, but not an exemption from local property tax. Mayor Volpe clarified that there is no local real estate exemption and they pay the regular real estate tax. Mr. Mandelbaum had a question about a loading zone and did this makes it conditional on the whole that we would have to have a loading zone. Deputy Mayor Kagan said that it is not a contractual requirement but the Village is working on it across the entire business community. Mayor Volpe asked if there were other questions from the board or if Mr. Mandelbaum, thought there were there other pieces of this that needed to be discussed from his perspective. Mayor Volpe felt comfortable given this discussion and the issues outlined with the potential default issue regarding the payments and how we would be able to get those payments in the event of a default. Mayor Volpe asked the Board to consider the resolution approving the proposed development 101 Wolfs Lane in accordance with 98-106.3 of the zoning code. Page 10 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Item # 10A - Approving Proposed Development at 101 Wolfs Lane Resolution Approving Site Plan for 101 Wolfs Lane in accordance with Section 98-106.3 of the Code of the Village of Pelham Whereas, the Board of Trustees has found and determined that encouraging property owners to develop mixed-use commercial, office, retail and housing projects within the Village’s downtown core, particularly those involving dedicated senior housing, will activate Village street life, enhance walkability, promote the Village’s culture, enhance the real property tax base, and better utilize existing public services; that there are opportunities within the Village’s downtown core to use vacant and underutilized property more efficiently to reinvigorate the Village's downtown area; that creating incentives for higher density development within the Village’s downtown core will be more cost- effective because it will use infrastructure that already exists and thereby avoid the need to create additional costly infrastructure; and that those incentives will allow for development within the Village’s downtown core that will preserve, complement and be compatible with the character, massing, and scale of adjacent residential land uses; and Whereas, in the furtherance of these purposes the Board of Trustees created the Business District Floating Zone by adopting Village Code § 98-106.3; and Whereas, Village Code § 98-106.3 authorizes the Board of Trustees to permit and grant site plan approval for proposed developments that comply with Village Code § 98-106.3 and meet the requirements it establishes for the Business District Floating Zone; and Whereas, Pelpark, LLC is the owner of the property known as 101 Wolfs Lane (the “Wolfs Lane property”); and Whereas, MatriArch Development Company (“MatriArch”) has established to the satisfaction of the Board of Trustees that it is authorized by Pelpark, LLC, to apply to develop the Wolfs Lane property and to bind Pelpark, LLC, to all of the conditions and requirements that will be imposed if that application is approved; and Whereas, on December 1, 2017, MatriArch applied to develop the Wolfs Lane property in accordance with the requirements and standards established by Village Code § 98-106.3 and the Business District Floating Zone; and Whereas, in furtherance of its application, MatriArch submitted to the Building Inspector a declaration of intent to develop accompanied by the requisite documents, information and fees; and Whereas, MatriArch has further submitted a formal and complete proposed site plan prepared by Peter Gisolfi Associates, LLP (“Gisolfi”) and Langan Engineering, Environmental, Surveying and Landscape Architecture, D.P.C. (“Langan”), dated 12-1-17 and last revised on 10-2-18, satisfying the requirements of Village Code Chapter 79, showing a proposed development and or use of the Wolfs Lane property; and Page 11 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Whereas, MatriArch proposes to construct a multifamily residential development with 63 units consisting of consisting of five studio units, 36 one-bedroom units, 18 two-bedroom units and four 3- bedroom duplexes, together with approximately 3,100 square feet of commercial space on the first floor of the building fronting on Wolfs Lane, together with related amenities and parking on the 0.64- acre site; and Whereas, the Wolfs Lane property formerly consisted of two tax parcels which were joined prior to the effective date of the Business District Floating Zone, Parcel 163.44-1-2, which is located in the Business-1 zoning district, and Parcel 163.43-1-3, which is located in the Residential M-1 zoning district, which tax parcels have now been merged into a single tax parcel, Parcel 163.44-1-2.1, which is located partially in the Business-1 zoning district and partially in the Residential M-1 zoning district; and Whereas, MatriArch requests site development approval pursuant to Village Code §98-106.3(B) and the Business District Floating Zone for both parcels; and Whereas, MatriArch has submitted the following documents and plans in support of the application: Site plan application submitted to the Village of Pelham on 12/01/2017 included: • Site Plan Application & Declaration of Intent to Develop, from Seth M. Mandelbaum dated 12/01/2017 and updated 12/20/2017; • Affidavit of Owner’s Authorization, signed by Lester Kravitz dated 07/13/2017; • Address list of properties within 200 feet of the Project Site dated 11/30/2017; • Full Environmental Assessment Form – Part 1, prepared by BFJ Planning dated 11/30/2017; • Landscape and Architectural drawings, prepared by Peter Gisolfi Assoc. LLP + Provident Design & Engineering, PLLC o L-T: Title Sheet dated 12/01/2017 and updated 03/09/2018; o Site Survey dated 05/18/2018; o Topographic Survey dated 12/01/2017and updated 03/09/2018 and 05/11/2018; o L-AR: Arcade Renderings dated 04/11/2018, 05/11/2018 and 05/18/18; o L-GA: Garbage Pickup Analysis dated 12/01/2017 and updated 03/09/2018; o L-GL: Parking Garage Levels dated 02/20/2018; o L-PA: Parking Analysis dated 12/01/2017 and updated 03/09/2018 and 08/18/2018; o L-PA: Parking Analysis ADA Spaces dated 02/20/2018; o L-PA Opt A: Parking Analysis, ADA Spaces – Option A dated 12/01/2017 and updated 03/09/2018; o L-Z-SP: Zoning dated 12/01/2017 and updated 03/09/2018, 05/11/2018, 05/18/2018 and 10/02/2018; o L-TR: Traffic Map dated 12/01/2017 and updated 03/09/2018, 05/11/2018 and 05/18/2018; Page 12 Board of Trustees Regular Meeting Tuesday, October 23, 2018 o L-PA: Parking Analysis dated 12/01/2017 and updated 03/09/2018, 05/11/2018, and 05/18/2018; o L-VC: Vehicular Circulation dated 4/11/2018 and updated 05/11/2018, 05/18/2018 and 08/18/2018; o L-100: Removals Plan dated 12/01/2017 and updated 03/09/2018, 05/11/2018 and 05/18/2018; o L-200: Materials Plan dated 12/01/2017 and updated 03/09/2018, 05/11/2018 and 05/18/2018; o L-210: Photometrics Plan dated 04/11/2018 and updated 05/11/2018 and 05/18/2018; o L-300: Grading Plan dated 12/01/2017 and updated 03/09/2018, 05/11/2018 and 05/18/2018; o L-400: Planting Plan dated 12/01/2017 and updated 03/09/2018, 04/11/2018, 05/11/2018 and 05/18/2018; o L-500: Site Details dated 12/01/2017 and updated 03/09/2018, 05/11/2018 and 05/18/2018; o L-501: Site Details dated 12/01/2017 and updated 03/09/2018, 05/11/2018 and 05/18/2018; o L-502: Site Details dated 12/01/2017 and updated 03/09/2018, 05/11/2018 and 05/18/2018; o A-001: Existing Conditions photos dated 12/01/2017 and updated 03/09/2018 and 05/11/2018; o A-002: Existing Conditions photos dated 12/01/2017 and updated 03/09/2018 and 05/11/2018; o A-003: Pedestrian Passage Examples dated 05/11/2018; o A-100: Proposed Basement Plan dated 12/01/2017 and updated 03/09/2018; o A-101: Proposed First Floor Plan dated 12/01/2017 and updated 03/09/2018, 05/11/2018 and 05/18/2018; • Alternative Town Hall First Floor Plan dated 05/18/2018; o A-102: Proposed Second Floor Plan dated 12/01/2017 and updated 03/09/2018, 05/11/2018 and 05/18/2018; o A-103: Proposed Third Floor Plan dated 12/01/2017 and updated 03/09/2018, 05/11/2018 and 05/18/2018; o A-104: Proposed Fourth Floor Plan dated 12/01/2017 and updated 03/09/2018, 05/11/2018 and 05/18/2018; o A-105: Proposed Fifth Floor Plan dated 12/01/2017 and updated 03/09/2018, 05/11/2018 and 05/18/2018; o A-106: Proposed Roof/Attic Floor Plan dated 12/01/2017 and updated 03/09/2018, 05/11/2018 and 05/18/2018; o A-200: Proposed Wolfs Lane Elevation dated 12/01/2017 and updated 03/09/2018; Page 13 Board of Trustees Regular Meeting Tuesday, October 23, 2018 o A-400: Proposed Units Typical Floor Plans dated 12/01/2017 and updated 03/09/2018; o East and South Elevations dated 04/11/2018 and updated 05/11/2018 and 05/18/2018; o West and North Elevations dated 04/11/2018 and updated 05/11/2018 and 05/18/2018; o Elevations: First and Second Floors dated 08/18/2018; o A-004, A-005, A-006: Pedestrian Passage Examples dated 04/11/2018; o M-100: Mechanical Equipment Plan dated 04/11/2018 and updated 05/11/2018; o Number of Units Breakdown dated 08/18/2018; • Civil Engineering drawings, prepared by Langan Engineering, D.P.C. o C-100: Drainage & Utility Plan dated 12/19/2017 and updated 03/09/2018, 04/11/2018 and 06/01/2018; o C-200: Soil Erosion & Sediment Control Plan dated 12/19/2017 and updated 03/09/2018, 04/11/2018 and 06/01/2018; o C-300: Details dated 12/19/2017 and updated 03/09/2018, 04/11/2018 and 06/01/2018; o C-301: Details 2 dated 12/19/2017 and updated 03/09/2018, 04/11/2018 and 06/01/2018; • Stormwater Management Report, prepared by Langan Engineering, D.P.C., dated 12/29/2017 and updated 01/16/2018, 03/09/2018 and 05/25/2018; o Appendix A: Pre-Development Stormwater Analysis o Appendix B: Post-Development Stormwater Analysis o Appendix C: Contech CDS Construction Maintenance • Letter prepared by Provident Design Engineering dated 12/13/2017; • Letter prepared by BFJ dated 12/19/2017; • Letter from Ronen Wilk of Peter Gisolfi Associates dated 01/08/2018; • Traffic Response to January 3, 2018 Staff Project Summary Report, prepared by Provident Design Engineering dated 01/16/2018; • Letter regarding fiscal impact analysis, prepared by BFJ Planning dated 01/16/2018; • 101 Wolf’s Lane Development Fiscal Assumptions Memorandum, prepared by Urbanomics, Inc., dated 01/17/2018; • Response to SWPPP Comments Memorandum, prepared by Langan Engineering, dated 01/18/2018; • Site Plan Application/Business District Floating Zone Memorandum, signed by Michael Tribe of Peter Gisolfi Associates dated 02/20/2018; • Real Estate Appraisal Report, prepared by Sterling Appraisals, Inc., dated 02/14/2018; • Response to Traffic Comments Memo, prepared by Provident Design Engineering, dated 04/09/2018; Page 14 Board of Trustees Regular Meeting Tuesday, October 23, 2018 • Response to Site-Related Comments Memo, prepared by Peter Gisolfi Associates, LLP, dated 04/09/2018; • Cover Letter re. Site Plan Application, prepared by Seth M. Mandelbaum, Esq., dated 04/10/2018; • Response to Stormwater and Sewer Comments Memo, prepared by Langan Engineering, dated 04/10/2018; • Sewer Impacts Technical Memorandum, prepared by Langan Engineering, dated 04/11/2018; • Construction Logistics Plan, prepared by GTL Construction, dated 06/2018; • Recorded Deed Lot Merger dated 04/23/2018; • Letters to the Board of Trustees, prepared by Seth Mandelbaum, Esq., dated 05/11/2018, 05/18/2018, 06/07/2018, 08/13/2018, 08/18/2018 and 09/07/2018; • Economic Impact Report, prepared by Urbanomics, dated 06/06/2018; • Email from Bruce Meyer, CPA/PFS, Esq. to Rosalie Kravitz, dated 06/07/2018; • Fire Department Review Letter, prepared by James A. DiNapoli, dated 07/24/2018; • Temporary Flow Monitoring Study and Videoing Memo, prepared by CSL Services, Inc., dated 08/03/2018; • Letter from Sam Schwartz to Pelham Building Inspector, dated 08/30/2018; • Sewer Evaluation Technical Memorandum, prepared by Langan Engineering, dated 07/27/2018 and updated 08/08/2018 and 09/20/2018; and • A license agreement between Pico Electronics and MatriArch dated October 4, 2018; and Whereas, on February 27, 2018, the Board of Trustees determined that General Municipal Law § 239-n and Westchester County Administrative Code § 277.61 require that the proposed action be referred to the Westchester County Planning Board for review and comment and directed the Village Clerk to make that referral; and Whereas, the Village Clerk referred the proposed action to the Westchester County Planning Board for review and comment; and Whereas, by letter dated May 4, 2018 the Westchester County Planning Board responded to the referral by submitting recommendations with respect to the project; and Whereas, on February 27, 2018, the Board of Trustees determined that Code of the Village of Pelham § 98-106.3(C) requires that the proposed action be referred to the Village of Pelham Planning Board and Architectural Review Board and directed the Village Clerk to make that referral; and Whereas, on March 9, 2018, the applicant submitted the application to the Planning Board and Architectural Review Board for the purpose of obtaining their recommendations with respect to the application in accordance with Village Code § 79-6A; and Whereas, the Planning Board conducted a detailed review of the application on March 20, 2018, April 17, 2018 and May 15, 2018, and submitted to the Board of Trustees on May 15, 2018, a resolution recommending approval with conditions; and Page 15 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Whereas, the Architectural Review Board conducted a detailed review of the application on March 26, 2018, April 18, 2018 and May 16, 2018, and submitted to the Board of Trustees on May 16, 2018, a resolution recommending approval with conditions; and Whereas, after due notice the Board of Trustees opened a public hearing with respect to the application on June 12, 2018; and Whereas, the Board of Trustees thereafter continued the public hearing with respect to the application on June 26, 2018, July 10, 2018, August 14, 2018 and September 13, 2018; and Whereas, the Board of Trustees held a special work session meeting with respect to the application on July 30, 2018; and Whereas, the Board of Trustees closed the public hearing with respect to the application on September 13, 2018; and Whereas, the Board of Trustees has considered the design guidelines established by Village Code § 98-106.3(E)(9); and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), the applicant submitted a Full Environmental Assessment Form (EAF) on December 12, 2017, the Board of Trustees has received a full environmental assessment form (EAF), declared itself to be lead agency and identified the proposed action as an unlisted action; and Whereas, MatriArch provided notice of its application to all property owners contiguous to the Applicant’s property as required; and Whereas, MatriArch has submitted the fee required in accordance with the schedule of fees for the Village of Pelham; and Whereas, the Board of Trustees has (1) considered the action as defined in 6 NYCRR §§617.2(b) and 617.3(g); (2) reviewed the EAF, the criteria for determining significance set forth in 6 NYCRR §617.7(c) and any other supporting information to identify the relevant areas of environmental concern; (3) thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and (4) set forth its determination of significance in this resolution; and Whereas, the Board of Trustees finds and determines, and MatriArch acknowledges, that mitigating the traffic and other impacts of the project is likely to cost the Village of Pelham $50,000; and Whereas, during the course of the public hearing, MatriArch offered to pay to the Village a total of $50,000 to mitigate the impacts of the project, $25,000 of which will be paid upon the issuance of a building permit for the project and $25,000 of which will be paid upon the issuance of a certificate of occupancy; and Whereas, the project requires a temporary construction easement permitting access to the staging area on Village property as shown on the Construction Logistics Plan prepared by GTL Construction dated June 2018 and a permanent easement permitting access through the Sparks Avenue parking lot to the Wolfs Lane property; and Page 16 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Whereas, during the course of the public hearing MatriArch offered to pay to the Village a total of $750,000 for the temporary and permanent easements in 15 equal annual installments of $50,000 commencing one year after the issuance of a certificate of occupancy; and Whereas, the Board of Trustees has considered the standards for site plan review established by Village Code § 79-5 and the applicable requirements set forth in Village Code § 98-106.3 Business District Floating Zone, Now, therefore, be it resolved, that after considering the documents submitted by the applicant, as recited above, the recommendation from the Architectural Review Board and the Planning Board and all of the public comment heard at the public hearing, the Board of Trustees of the Village of Pelham finds and determines as follows: A. The proposed action will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be required; and B. The property satisfies the requirements for consideration under Village Code § 98-106.3 Business District Floating Zone and the standards for site plan review established by Village Code § 79-5; and C. The application of MatriArch for site plan approval for the project known as 101 Wolfs Lane is approved, subject to the following conditions: 1. Prior to the issuance of a building permit, the applicant must: a. submit detailed final plans satisfactory in form to the Building Inspector providing for a maximum of 63 dwelling units to be developed on the site in conformance with the proposed site plan, LZ-SP, dated 10/02/2018, consisting of five studio units, 36 one- bedroom units, 18 two-bedroom units and four 3-bedroom duplexes; and b. submit to the Architectural Review Board a complete architectural package with elevations, external colors and finishes details, street furniture, landscape plan, external illumination, and external signage to the Architectural Review Board so that the Architectural Review Board may make recommendations to the applicant and the Building Inspector with respect to the finish details for the project; and c. submit to the Building Inspector, upon the completion of the review by the Architectural Review Board, a revised architectural package incorporating the recommendations of the Architectural Review Board to the extent the Building Inspector determines to be appropriate; and d. obtain all other approvals that are needed for the construction of the Project by operation federal, state and local laws; and e. execute and record the instrument in the form set forth in Exhibit A by which Pelpark, LLC, as owner of the Wolfs Lane Property grants an easement to the Village with respect to the pedestrian walkway, stairs and plaza providing pedestrian access from Wolfs Lane through the Wolfs Lane property to the Sparks Avenue Parking Lot; and Page 17 Board of Trustees Regular Meeting Tuesday, October 23, 2018 f. execute and record the instrument in the form set forth in Exhibit B by which the Village grants to Pelpark, LLC (i) a perpetual, non-exclusive easement on, over, in and across a portion of the Sparks Avenue Parking Lot for the purpose of providing unobstructed ingress and egress to and from the entrances to the garage for the Wolfs Lane property and Sparks Avenue following completion of construction of the project; (ii) a perpetual utility easement for underground utilities, allowing for the installation of a new water line and fire hydrant and such other utilities as may be approved by the Building Inspector; and (iii) a temporary construction easement for a period expiring upon the issuance of certificate of occupancy or the termination of this site plan approval, whichever is sooner, providing for unobstructed ingress and egress to and from the Wolfs Lane property and Sparks Avenue and access to the staging area on Village property, as shown in the Construction Logistics Plan prepared by GTL Construction, dated June, 2018; g. pay to the Village $25,000, which is one-half of the impact fee for the mitigation of potential traffic and other impacts; and h. pay to the Village all fees due in connection with this approval and the issuance of a building permit; and 2. Prior to the issuance of a certificate of occupancy, the applicant must: a. construct the project in accordance with the final plans for which the building permit was issued as modified and approved by the Building Inspector; and b. satisfy any and all additional conditions, not inconsistent with the terms of this resolution, that the Building Inspector may impose; and c. pay to the Village $25,000, which is the second half of the impact fee for the mitigation of potential traffic and other impacts; and d. verify to the satisfaction of the Building Inspector that there is sufficient space within the development to accommodate the expanded County recycling program that includes plastics with number 1 through 7; and e. repair to the satisfaction of the Building Inspector any damage caused to Sparks Avenue and the Sparks Avenue Parking Lot by construction of the project to the area of the Village parking lot not currently proposed to be refurbished as part of the site plan, including repaving those areas to the extent necessary, as determined by the Building Inspector; and f. file with the Village Clerk a performance bond in which the Village is named as obligee in an amount sufficient to cover the full cost of all required work planting and improvements on public property, in accordance with Village Code §79-6(J); 3. Subsequent to the issuance of the certificate of occupancy, the applicant must: a. purchase eight merchant parking permits each year; Page 18 Board of Trustees Regular Meeting Tuesday, October 23, 2018 b. commencing on the first anniversary of the date on which a certificate of occupancy is granted, and on the same date each year thereafter for 14 years, pay to the Village $50,000 per year as required by the easement instrument, for a total of $750,000. 4. This site plan approval is binding upon the applicant, the property owner and any subsequent owner of the property. The site plan may not be changed without the approval of the Board of Trustees of the Village of Pelham. If any term of this site plan approval is violated, the Building Inspector may stop work, revoke a building permit or deny a certificate of occupancy. Be it further resolved, that in accordance with Village Code §79-7, this site plan approval will be null and void if the applicant fails to obtain a building permit within 120 days of this resolution, unless the Board of Trustees extends, by resolution, the time within which to do so; and Be it further resolved, that this site plan approval will be null and void if the applicant does not commence construction within six months of the issuance of a building permit, unless the Board of Trustees extends, by resolution, the time within which to do so. Vote Record- Item # 10A – Resolution Approving Proposed Development at 101 Wolfs Lane Village of Pelham Board of Trustees Regular Meeting Tuesday, October 23, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen 2nd ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 19 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Item # 11 – Adopting Anti-Discrimination and Harassment Policy Trustee Mullen gave an overview of the draft for the policy that he and Trustee Spira-Cohen had been working on. He explained that they had added additional items from the state guidelines, specifically related to definitions and examples of sexual harassment, procedures for reporting and investigating, additional information around external resources which we don't have in the Village’s current policy. The draft includes a complaint form, and added language clearly stating that sexual harassment is a violation of the employee conduct, and that retaliation is prohibited. The Resolution was tabled for further discussion. Resolution Adopting Anti-Discrimination and Harassment Policy Whereas, the Village of Pelham currently has a harassment policy in place addressing all forms if illegal harassment; and Whereas, amendments to New York’s Labor Law require every employer in New York State, both public and private, to adopt a sexual harassment prevention policy by October 9, 2018 (NY Labor Law § 201-G). Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein adopts the attached Anti-Discrimination and Harassment Policy to be made available to all employees, effective immediately. Vote Record - Item # 11 – Resolution Adopting Anti-Discrimination and Harassment Policy Village of Pelham Board of Trustees Regular Meeting Tuesday, October 23, 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 20 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Item # 12 – Authorizing the Acceptance of a Donation from the Junior League of Pelham for Landscape Improvements to Woodland Park Resolution Authorizing the Acceptance of a Donation from the Junior League of Pelham for Landscape Improvements to Woodland Park Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the acceptance of a donation of $2,890.00 for landscape improvements to Woodland Park with thanks to the donors for their contribution to the Village of Pelham community; and Be it further resolved, that the Board of Trustees of the Village of Pelham herein authorizes the following budget amendment for the aforementioned donation: From: General Fund Revenue Account No. Account Description Amount A.2705 Gifts and Donations $2,890.00 To: General Fund Expense Account No. Account Description Amount A.7110.400 Parks – Contractual Expenses $2,890.00 Vote Record - Item # 12 – Resolution Authorizing the Acceptance of a Donation from the Junior League of Pelham for Landscape Improvements to Woodland Park Village of Pelham Board of Trustees Regular Meeting Tuesday, October 23, 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 Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen 2nd ☒ ☐ ☐ ☐ Page 21 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Item # 13 – Designating Polling Place and Hours for General Village Election to be Held on Tuesday, March 19, 2019 Resolution Designating Polling Place and Hours for General Village Election to be Held on Tuesday, March 19, 2019 Whereas, New York State Election Law § 15-104 (3) (b) states that the Village Board of Trustees must designate by Resolution the polling place in each election district, and the hours during which polls are open; and Whereas, the next General Election for officers in the Village of Pelham will be held on Tuesday, March 19, 2019. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby designates the following polling places: 1st Election District Town House 20 Fifth Avenue Pelham, NY 10803 2nd Election District Town House 20 Fifth Avenue Pelham, NY 10803 3rd Election District Town House 20 Fifth Avenue Pelham, NY 10803 4th Election District Town House (Guild Room) 20 Fifth Avenue Pelham, NY 10803 5th Election District Town House 20 Fifth Avenue Pelham, NY 10803 Be it further resolved, that polls will be open for the General Village Election to be held on Tuesday, March 19, 2019 between the hours of 6:00 a.m. and 9:00 p.m. Page 22 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Vote Record - Item # 13 – Resolution Designating Polling Place and Hours for General Village Election to be Held on Tuesday, March 19, 2019 Village of Pelham Board of Trustees Regular Meeting Tuesday, October 23, 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 23 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Item # 14 – Authorizing the Execution of an Employment Agreement with Fire Chief Resolution Authorizing the Execution of an Employment Agreement with Fire Chief Be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Employment Agreement, attached hereto, includes the terms, conditions, expectations, duties and responsibilities of the position of Fire Chief; and Be it further resolved, that Mayor Michael J. Volpe is herein authorized to execute said Employment Agreement dated October 23, 2018 between the Village of Pelham and James DiNapoli. Vote Record - Item # 14 – Resolution Authorizing the Execution of an Employment Agreement with Fire Chief Village of Pelham Board of Trustees Regular Meeting Tuesday, October 9, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen 2nd ☒ ☐ ☐ ☐ Page 24 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Item # 15 – Authorizing the Execution of an Employment Agreement with Superintendent of Public Works/Building Inspector Resolution Authorizing the Execution of an Employment Agreement with Superintendent of Public Works/Building Inspector Be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Employment Agreement, attached hereto, includes the terms, conditions, expectations, duties and responsibilities of the position of Superintendent of Public Works/Building Inspector; and Be it further resolved, that Mayor Michael J. Volpe is herein authorized to execute said Employment Agreement dated October 23, 2018 between the Village of Pelham and Joseph Senerchia. Vote Record - Item # 15 – Resolution Authorizing the Execution of an Employment Agreement with Superintendent of Public Works/Building Inspector Village of Pelham Board of Trustees Regular Meeting Tuesday, October 23, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Motion ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen 2nd ☒ ☐ ☐ ☐ Page 25 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Item # 16 – Other Business Trustee Mullen asked the Board to take a look into the bill that the Village had given to the Chamber of Commerce organizers for the Wolfs Lane Walk. Previously a resolution had been passed that made the Chamber of Commerce responsible for all Village overtime costs for that event. Trustee Mullen felt that it was a problem that our fire department personnel were not there to work the event and provide safety, they were there representing the Village at a table. He felt that the Village should not charge $1,151.34 to Chamber of Commerce for their presence there. Mayor Volpe asked for a copy of the resolution and said he would look into it further and that the Board would take it up on November 13th at the next meeting. Trustee Mullen’s second item was regarding the local businesses requirement to do training for sexual harassment. He wondered if, when the Village was looking at providers to do our training, this might be something that we could piggy back on that contract to do sort of a broader public training that the businesses could send their employees to. Deputy Mayor Kagan said he was not too worried about the cost but more concerned about the liability issue in doing something like that especially if we trained them and they missed something or they don't do something properly. Mayor Volpe thought it would not be advisable to do that in connection with the type of claims being brought regarding untoward behaviors happening in the work place because it is fairly common with those claims to name as many potential entities as you can, to try to take a recovery. Lastly Trustee Mullen said he would email the Board about holding a coffee with the Trustees Event. He thought it would be a good thing to do this potentially once a month Page 26 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Recurring Items Item # 17 - Authorizing the Accounts Payable Trustee Mullen 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 $271,944.29 Capital Projects Fund $184,132.39 Trust and Agency Fund $0.00 TE Private Purpose Trust Fund $873.96 Grand Total $456,950.64 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 the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, October 23, 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 2nd ☒ ☐ ☐ ☐ Trustee Spira- Motion ☒ ☐ ☐ ☐ Cohen Page 27 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Item # 18 – Authorizing the Minutes of: None Item # 19 – Adjournment to Executive Session The public portion of the Board meeting was adjourned at 9:55 pm to enter into Executive Session to discuss employment of a new Village Administrator after which time the Board will return to the public portion of the meeting to update the public. Vote Record- Item # 19 – Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Tuesday, October 23, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Amended Trustee Ferrara ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal ☒ ☐ ☐ ☐ ☐Discussed Eldahry Trustee Mullen ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira- 2nd ☒ ☐ ☐ ☐ Cohen The public portion of the Board meeting was reconvened after a brief Executive Session to discuss a particular employment matter. Vote Record- Item # 19A – Reconvene to Public Meeting Village of Pelham Board of Trustees Regular Meeting Tuesday, October 23, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Amended Trustee Ferrara ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal 2nd ☒ ☐ ☐ ☐ ☐Discussed Eldahry Trustee Mullen Motion ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira- ☒ ☐ ☐ ☐ Cohen Mayor Volpe explained that after discussion in an executive session, and after negotiation and contemplation of this issue over the last few weeks, the Board has decided to offer employment of Village Administrator to all Omar T. Small, of New Rochelle, New York. Page 28 Board of Trustees Regular Meeting Tuesday, October 23, 2018 Resolution Appointing Village Administrator Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Omar Small of New Rochelle, NY to the position of Village Administrator, effective Monday, November 26, 2018 at an annual salary of $159,500.00 subject to the requirements of Westchester County Civil Service; and Be it further resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Mayor to execute the attached Employment Agreement with Village Administrator Omar Small. Vote Record- Resolution Authorizing the Execution of an Employment Agreement with Village Administrator Village of Pelham Board of Trustees Regular Meeting Tuesday, October 23, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Amended Trustee Ferrara ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal ☒ ☐ ☐ ☐ ☐Discussed Eldahry Trustee Mullen ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira- 2nd ☒ ☐ ☐ ☐ Cohen The public portion of the Board meeting was adjourned at 10:30 pm Vote Record- Adjournment of Public Meeting Village of Pelham Board of Trustees Regular Meeting Tuesday, October 23, 2018 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Amended Trustee Ferrara ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal ☒ ☐ ☐ ☐ ☐Discussed Eldahry Trustee Mullen 2nd ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira- Motion ☒ ☐ ☐ ☐ Cohen Respectfully submitted, Terri Rouke, Village Clerk Page 29

Agenda

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, OCTOBER 23, 2018, 7:30 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY 10803 AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Mayor’s Report 5. Trustees’ Reports 6. Interim Village Administrator’s Report 7. Public Comments # Agenda Items: Non-Recurring Items 8. Presentation on 2019 Community Choice Aggregation Energy Program by Westchester Power 9. Presentation on Audited Financial Statement for Fiscal Year 2017-18 by PKF O’Connor Davies, LLP. 10. Discussion on 101 Wolfs Lane Resolutions and IDA Public Hearing Notice 11. Resolution Adopting Anti-Discrimination and Harassment Policy 12. Resolution Authorizing the Acceptance of a Donation from the Junior League of Pelham for Landscape Improvements to Woodland Park 13. Resolution Designating Polling Place and Hours for General Village Election to be Held on Tuesday, March 19, 2019 14. Resolution Authorizing the Execution of an Employment Agreement with Fire Chief 15. Resolution Authorizing the Execution of an Employment Agreement with Superintendent of Public Works/Building Inspector 16. Other Business Recurring Items 17. Authorizing Accounts Payable 18. Authorizing the Minutes of: 19. Adjournment to Executive Session Next Regularly Scheduled BOT Meetings: Tuesday, November 13, 2018 Tuesday, November 27, 2018 All meetings start at 7:30 p.m. unless otherwise noted. *The Agenda is subject to change*

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