Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JANUARY 8, 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. Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (1 of 3) 9. Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (2 of 3) 10. Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (3 of 3) 11. Department Head Reports (Police and Fire) 12. Public Hearing on Changing Date of Local Village Election 13. Discussion on Parking Management Software (Mobile App, Parking Permits & Enforcement) 14. Discussion on Sexual Harassment Prevention Policy 15. Resolution Calling for a Public Hearing on Local Law No. 1 of 2019 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c 16. Resolution Authorizing Salary Adjustment for Village Clerk 17. Resolution Authorizing Salary Adjustment for Assistant Village Administrator/Village Treasurer 18. Other Business Recurring Items 19. Authorizing Accounts Payable 20. Authorizing the Minutes of: 21. Adjournment to Executive Session Next Regularly Scheduled BOT Meetings: Tuesday, January 22, 2019 Tuesday, February 12, 2019 Board of Trustees Regular Meeting Tuesday, January 8, 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 ☒ ☐ ☐ Village Attorney Smith ☐ ☒ ☐ Mayor’s Report: Mayor Volpe reported that three middle school students in our community, as a part of a community project, want to paint some of the park benches that are on Village property that are wood and need improvement. He said they were actually going to strip them down and paint them if they get permission to do so as part of their middle school community project requirement. He thanked them for their efforts and granted permission. He reported that Trustee Mullen, Trustee Ferrara, and he, as the subcommittee considering the respondents to the RFP to improve the municipal property and build some mixed-use commercial residential, went to visit one of the sites built by one of the developers in Maplewood, New Jersey in a downtown, very much like ours, a small strip, right next to the train station. He said there was a lot of concern in the community they visited about impact on schools and that particular building, which is much smaller than the one Pelham is talking about has all empty nesters, singles and no school age children. He said the quality of the building was quite nice. He and the others on the Committee thought it was incumbent on us to go visit some of these properties because ultimately the Village could be in a position to make a decision to choose one of these developers. Page 2 Board of Trustees Regular Meeting Tuesday, January 8, 2019 He reported that there are three different responses to the RFP so far to propose either redeveloping our municipal spaces as part of an exchange for the land upon, which to build mixed-use commercial residential or to give us money that we could build the building ourselves. He said there was going to be a meeting on January 17th, where the RFP respondents would make presentations or refine presentations to the Village on their proposals. Mayor Volpe felt this is an important thing for the community. He said some people think that it's a lot for the community but the maintenance and the cost that Village parking lots and the Fire House require each year of taxpayer dollars on upkeep, and repairs to make sure the municipal facilities are in decent shape. He said our municipal facilities are all over the place in the Village and it seemed logical to relocate them closer together. Mayor Volpe explained that the meeting on the 17th would be more of a workshop and they would certainly entertain questions from the community. He said it is important that the community pay attention. Trustees’ Report: Trustee Ferrara had nothing to report at this time. Trustee Kagan wanted to note that now that everyone is back from vacation, a reminder to please drive carefully, and especially be mindful of pedestrians around the train station. Trustee Kamal Eldahry had nothing to report at this time. Trustee Mullen wanted to thank to Joe Forgione from JMF Properties for allowing Mayor Volpe, Trustee Ferrara and myself to visit one of his buildings last weekend. He said it was a very nice property. Trustee Mullen also, wanted to say congratulations to the staff of Pelham Examiner. He attended an event at Cantina Lobos where they shared where they had come from. It was a nice celebration of the work they did. He said the students work with Rich Zahradnik, as their advisor. but it was really remarkable to know this successful paper is really run by the students. Trustee Potocki would speak when the Police Chief talks later. Trustee Spira-Cohen absent. Page 3 Board of Trustees Regular Meeting Tuesday, January 8, 2019 Village Administrator’s Report: Administrator Small had nothing to report at this time. Item # 7 – Public Comments No Public Comment Page 4 Board of Trustees Regular Meeting Tuesday, January 8, 2019 Non-Recurring Items Item # 8 – Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (1 of 3) Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Philip Bellantoni of Pelham, NY to the position of Police Officer (Recruit) from Westchester County Civil Service Eligible List # 69-547, effective Monday, January 7, 2019 at an annual salary of $57,718.00 subject to the requirements of Westchester County Civil Service, the current Village of Pelham Police Department Collective Bargaining Agreement, Village of Pelham Employee Handbook and any other applicable regulations in place and for a probationary period of eighteen (18) months; and Be it further resolved, that the Mayor, Village Administrator and Police Chief are authorized to take the necessary and appropriate actions to effect this appointment. Vote Record - Item # 8 – Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (1 of 3) Village of Pelham Board of Trustees Regular Meeting Tuesday, January 8, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 5 Board of Trustees Regular Meeting Tuesday, January 8, 2019 Item # 9 – Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (2 of 3) Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Robert DiNapoli of Pelham, NY to the position of Police Officer (Recruit) from Westchester County Civil Service Eligible List # 69-547, effective Monday, January 7, 2019 at an annual salary of $57,718.00 subject to the requirements of Westchester County Civil Service, the current Village of Pelham Police Department Collective Bargaining Agreement, Village of Pelham Employee Handbook and any other applicable regulations in place and for a probationary period of eighteen (18) months; and Be it further resolved, that the Mayor, Village Administrator and Police Chief are authorized to take the necessary and appropriate actions to effect this appointment. Vote Record - Item # 9 – Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (2 of 3) Village of Pelham Board of Trustees Regular Meeting Tuesday, January 8, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Motion ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 6 Board of Trustees Regular Meeting Tuesday, January 8, 2019 Item # 10 – Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (3 of 3) Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Vincent Ripulone of Pelham, NY to the position of Police Officer (Recruit) from Westchester County Civil Service Eligible List # 69-547, effective Monday, January 7, 2019 at an annual salary of $57,718.00 subject to the requirements of Westchester County Civil Service, the current Village of Pelham Police Department Collective Bargaining Agreement, Village of Pelham Employee Handbook and any other applicable regulations in place and for a probationary period of eighteen (18) months; and Be it further resolved, that the Mayor, Village Administrator and Police Chief are authorized to take the necessary and appropriate actions to effect this appointment. Vote Record - Item # 10 – Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (3 of 3) Village of Pelham Board of Trustees Regular Meeting Tuesday, January 8, 2019 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 7 Board of Trustees Regular Meeting Tuesday, January 8, 2019 Item # 11 – Department Head Reports (Police and Fire) Police Chief Jason Pallett started his department report with an overview of 2018, which proved to be a busier year compared to 2017. He said in 2018, patrol responded to 4,700 calls for service, which was actually a 29% increase from 2017's call volume of 3,700 calls. Of the 4,700 calls, the top three calls were for alarms, aided cases, which are like medical calls and auto accidents. He said they also saw a 9% increase in arrests from 2018 with 155 people arrested last year compared to 123 in 2017, so those stats are going up, but he said the good news is although their calls for service and arrests have increased, the total reportable FBI Part 1 crimes have decreased from 90 in 2017 to 53 in 2018. He said the Department’s crime rate statistics in 2018 are fairly consistent with the FBI's national downward crime trend in America. He clarified that the FBI Part 1 crimes are categorized into 8 index crimes, murder, rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft, and arson. He said out of the 53 that occurred in 2018, they were categorized into one of those groups. He went on to say in 2017, there had been 90 and in 2016, 92. He said that 2018 proved to be a better year for Part 1 crime statistics. He reported that in 2018, the Department put a strong emphasis on training and various police topics for the officers. In addition to mandatory annual training, many officers received specialized training in various areas of police topics. He said that some of the specialized training include active shooter training, instructor development, defensive tactics, DWI recognition, crisis negotiation, domestic violence, radar operation, mental health awareness and anti-harassment training. He said in the last six months, they re-implemented the community policing program with a community policing officer and the department also hosted their first Coffee with A Cop, which is a national program hosted in October. He said the coffee was held at Café Ammi with a really great turnout for the first event. He said they also conducted several safety events throughout the year engaging the community, in events which included the department’s Halloween safety program, stranger danger assemblies in all of our elementary schools and a few neighborhood safety workshops in the Daronco Townhouse. Chief Pallett said he had personally been meeting with various community groups and business owners throughout the village to give the police a little more of a personalized approach to policing and see what individual problems business owners may have that the Police Department can help them solve. He said the final capital project item to be completed for the 2018-2019 fiscal year in the Department will be a replacement generator installed at the PD, he hoped, by the end of February. He said currently patrol officers are concentrating their efforts in and around the vicinity of the train station after the village received a few vehicle and traffic complaints regarding speeding and failing to yield to pedestrians. He said pedestrian safety is on their radar and in the last two weeks, they had Page 8 Board of Trustees Regular Meeting Tuesday, January 8, 2019 really ramped up enforcement efforts in the area to ensure pedestrian safety and they would continue to do that until motorists are compliant with the law. Trustee Potocki said he would like to know the three areas that Chief Pallet felt could be potentially designated as loading zones that had been discussed at a previous meeting. Mayor Volpe explained that the Board of Trustees had requests to go back to a system where we have loading and unloading zones for business purposes designated in certain parts of the community as opposed to not having any where it becomes a little bit random. He explained that We've had it in years past in the community, it went away because people complained about it and now there's talk of it coming back again. Chief Pallett said Wallauers at 148 Fifth Avenue would be one prime example of a potential loading zone because of the truck or trailers that deliver in that area. He said that one at Fifth Avenue and Second Street in front of the DeCicco’s. and the third spot discussed was near Rockwell’s on Wolfs Lane. Trustee Potocki recalled that two of the zones would be in effect for part of the day and one of them was Chief Pallett’s recommendation to be all day. Chief Pallett agreed and recommended the one in front of DeCicco’s be all day because between the numerous businesses on Fifth Avenue that needed to park a truck or a trailer, UPS or FedEx trucks, he thought that was the best spot to place them Trustee Potocki clarified these were just to have some ideas and more discussion maybe down the road with the Chamber of Commerce and as development happens downtown the Village might have to reevaluate. Chief James Dinapoli gave a recap of 2018 for the Fire Department. He said the Fire Department did a total of 848 calls for service a slight increase over calendar year 2017. He said 388 of those 848 calls were emergency medical calls and 4 of those were successful lifesaving events involving opiate overdoses. He explained they were seeing a rise in those and the department is equipped to handle them. He reported they had 128 motor vehicle accidents with injuries, and a large share of those were on the Hutchison River Parkway with a number of those involving very intricate extrication calls using the Jaws of Life He said they saw an upsurge in those possibly because of the restrictions of all the construction on the Hutch and people going from highway speed down to gridlock. He went on to explain that they had seen an increase in gas leaks. He said they had 68 gas leaks they responded to with Con Edison. He said there is a huge increase in the county with gas leaks because the ageing infrastructure of Con Ed's gas lines and Con Ed is working to replace those but every time work is done somewhere it causes a leak somewhere else. He went on to explain that some of those are prolonged incidents where they actually have to facilitate entry into a number of Page 9 Board of Trustees Regular Meeting Tuesday, January 8, 2019 homes to make sure that the levels aren't explosive in those residences. He reported there were 21 calls of mutual aid fire service to surrounding communities, primarily Mount Vernon and several other communities. He said there were 18 structural related fires in the Village for the year. He went on to report, in addition to the calls, the Lieutenant's conducted 2,008 hours of in-service training to keep current on everyone’s certifications in the areas that the state requires the department to maintain. He said there were 163 inspections conducted of businesses and commercial occupancies to maintain compliance with fire code. He explained that did not include the operating permit program, which is a separate program. He did not have the exact number of operating permits because they were still coming in but he thought I think we're probably in the area of 200 inspections and that revenue generated was approximately $58,000 for the village from that program. He said there is one firefighter who had surgery on his left shoulder back in December. He was going to start physical therapy in a couple of weeks and then hopefully make his way back to full duty in the next couple of months. He said the Department has a new engine on order and the truck will probably be 98% completed around the second week of April. He said they would be another inspection before delivery to Long Island everything gets tweaked and ready to go. Then finally, we'll arrange a delivery date where the truck will come here, then we'll do in service training on it and finally a short time thereafter, it will into service. He finished his report by reporting on the issues with the Fire House. He said he had to make some emergency repairs to the main waterline that feeds the boiler that were leaking. He said it was pointed out to him there are two other critical points of that water line that were going to need to be addressed that could go at any moment. He said the final issue was two active roof leaks related to some of the work on the roof from the cell sites. Page 10 Board of Trustees Regular Meeting Tuesday, January 8, 2019 Item # 12 – Public Hearing on Changing Date of Local Village Election Vote Record - Item # 12– Opening Public Hearing on Changing the Local Village Election from March to November Village of Pelham Board of Trustees Regular Meeting Tuesday, January 8, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Mayor Volpe clarified the issue being presented is whether or not the date of the general village election for the election of Mayor and Trustees should be moved from its current March date to November when town, federal, and state elections are held. He said there had been some discussion about this on a board level and the Board decided to conduct a public hearing on it. Mayor Volpe opened the floor for comment from the public. Shaun Breidbart, 336 Eighth Avenue, wanted to go on record to say if the election was held at the same time as the other elections, it would save money, it would stop wasting other people’s time by making us vote twice, and said it benefits only the incumbents to have separate elections. He asked the Board that they do what's best for their constituents and change the election to coincide with national and state elections. Mayor Volpe pointed out to Mr. Breidbart that the County conducts our elections so the Village does not pay and the cost is borne by the County. Trustee Ferrara wanted to clarify that this public hearing was to debate whether to put this question on the ballot. Deputy Mayor Kagan agreed and said we're not voting to change the election date; we are voting to put the question on the ballot for the public to decide. Mayor Volpe wanted to be clear that this is a public hearing. He went on to explain the process where the Board would have to, by majority vote, pass a resolution to put on the ballot a proposition that would allow the public to determine whether or not the election date would get changed. Trustee Eldahry introduced a printout created by some of the Board members detailing specifically what would change, as in who would be elected and when. She wanted to make a very important point that for the two sets of elected officials, one year it's three trustees, the other year it's one Mayor and three trustees who would, in fact, serve two years and eight months rather than the two years they were initially elected to serve. Page 11 Board of Trustees Regular Meeting Tuesday, January 8, 2019 Marissa Panzani, 217 Highbrook Avenue North, thought with last year's election cycle there was a lot of confusion, especially if someone was a registered Democrat. She said with the Village Elections, a School Board Election and two primaries, one on the federal level, one for the state level and a November election. She said it turned out that there was voting 6 out of the 12 months. She thought if you just have too many elections, people tend to go less and historically, these March elections have never reached even close to what the November elections get in terms of turnout. She added that just the idea of going in March there was the potential for bad weather. She urged the Board to vote in favor of putting this on the March election ballot. Deputy Mayor Kagan said at the end of the day, as much as we talked about it, there are enough people that have signed petitions in both communities who have said, "This is something that the public wants to consider." In his view he thought, the public should make that decision. Mr. Breidbart thought this should be democratic and put to the people and let the people decide because they are the ones who are voting. Trustee Eldahry said she would like to add that she agreed very much with the point that having the elections in November does force our residents to engage themselves and educate themselves about local politics. Trustee Ferrara added because we are in agreement now the resolution will be on the packet for the January 22nd Board Meeting to decide whether we will put this on the ballot. Mayor Volpe said that is why they had to close the public hearing tonight. He explained that the Board did not have to hold a public hearing but he thought it was a wise thing to do and now the resolution has to be prepared. He said the Board has debated this many times over and people have taken or not taken positions. He said he was going to ask for a motion to close the public hearing on the issue and if it's the will of the board we will have a draft resolution in the packet for the January 22nd meeting. Vote Record - Item # 12– Closing Public Hearing on Changing the Local Village Election from March to November Village of Pelham Board of Trustees Regular Meeting Tuesday, January 8, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 12 Board of Trustees Regular Meeting Tuesday, January 8, 2019 Item # 13 – Discussion on Parking Management Software (Mobile App, Parking Permits & Enforcement) Mr. Scelza spoke about a follow-up presentation that he received from a preferred vendor, Passport Parking, regarding a comprehensive parking ticket management service, which includes mobile app enforcement and digital parking permit system. Mayor Volpe said the way he interpreted this was the total cost is $10,000 in software of the parking permit software and then the enforcement stuff? Mr. Scelza said that was correct. He went on to explain that the parking permit software is $500 a month and the handhelds are $2,000 per handheld. He explained the process initially began by comparing mobile apps prompted as a way to offer a substitute for the meter key that is no longer in service in the Village. He said it was then expanded during the research process to include the enforcement module and the permit processing module as additional add-ons. He said the permits and enforcement side, would be different and he would have to reach out to the company to get finer details and negotiate further in order for him to make a full presentation to the Board. He said each company offers different rate structures and policies. Deputy Mayor Kagan asked when we had this presentation in September how much were we paying to our current vendor ComPlus. Mr. Scelza said we pay 12.5% of any revenue that we collect. Deputy Mayor Kagan asked if this software had reporting that we can use and to show that certain areas were not generating usage and if we were to see using the ticket data that these spots were empty perhaps there might be a way of incentivizing or improving our use of those spots. He asked if the current company ComPlus provides any of that data now. Mr. Scelza said they did not. Mr. Scelza said ultimately, he thought we may actually want to make this decision not based on cost but on the amenities that come with the software. Trustee Kagan asked the drop date on our renewal with Complus. Mr. Scelza said we are in the first year of renewal and if we have any desire to walk away, we'd have to notify them in writing by February 5th, 90 days prior. Mayor Volpe asked Mr. Scelza and Administrator Small follow up on this and set it up to be approved in January. Page 13 Board of Trustees Regular Meeting Tuesday, January 8, 2019 Item # 14 – Discussion Sexual Harassment Prevention Policy Mayor Volpe opened the discussion on the sexual harassment policy. He thought the one outstanding issue that he knew of is the issue of the ability to follow anonymous complaints. Trustee Mullen said he thought Administrator Small has passed around that topic and the actual language under anonymous complaints. He said there was actually one tweak he might make where it says, “any individual wishing to send in a complaint in this manner should understand that it may limit the village's ability to investigate the incident”. He said there were a string of things he thought the Board should include in there such as the ability to follow up with the complainant, investigate the incident, gather evidence or interview those who may have been involved. Trustee Kagan agreed and said his issue with this has been that if someone wanted to complain anonymously, they still could do that and by not having an anonymous reporting policy we don't foreclose that possibility and we don't say that you can't complain anonymously. He said If that's the way that people feel most comfortable, then they can do that but one of the questions that I'd ask is did Mr. Small have this experience in another community. Administrator Small said he had not seen an anonymous complaint procedure in any other communities but if the complaint comes in, it has to be investigated diligently and so, whether it comes in anonymously or it comes through another way, we have to look into each complaint that comes in. He also thought the training component is huge here to let folks know that we want to know and we want to know sooner rather than later. Trustee Kagan said his other concern is that by making it anonymous, someone with an axe to grind with a particular employee, just continues to make false accusations if the village can't follow up on it because we don't have any of their information other then we have to investigate this person every time somebody complains. Trustee Spira-Cohen (via SKYPE) wanted to make two points, one that New York City has a very explicit anonymous complaint process that does exist and it is advertised to employees. Her second point related to false accusations, she said if there is language that is part of the policy, to the best of her recollection, if someone is making false accusations-- false accusations in themselves are not acceptable. Trustee Kagan agreed but said if they continue to be anonymous, the Village is charged with investigating them, but has no idea where they're coming from and cannot stop them, so every time they complain about somebody, the administration's efforts go back into investigating this. Trustee Spira-Cohen said she saw that as a lesser unintended consequence. She felt the unintended consequences of not having something explicit in policy, or if harassment persists and nobody says anything, is a worse environment. She said those are two potential unintended consequences, and Page 14 Board of Trustees Regular Meeting Tuesday, January 8, 2019 one of them actually does leave the Village more legally liable because there's harassment happening and nobody's reporting it. Trustee Eldahry was concerned about tarnishing the reputation of someone who should be innocent until proven guilty. She thought not including it written in the policy, would not be informing these employees of their full rights. She said they should also know this anonymous complaint carries very little weight when it comes to reprimanding a person, but they have the right to make it. Mayor Volpe said let's talk tonight about best practices for similarly situated communities. He said he knew of the policy that Trustee Sarah Cohen just talked about because he did a little research in this. He said municipal entities are all over the law about specifically saying that you can file anonymous complaints or not. He said whether private sector and/or public sector employers in general, he would be inclined to include something in the language. He did think we need to be mindful that in this day and age there are many people who are afraid to come forward for a variety of reasons, intimidation, potential retaliation, and other factors. He said we certainly don't want to be in a position where, if there is untoward, but not illegal or inappropriate behavior, we don't want to be seen as condoning it. He suggested finding out what they do in similarly situated communities and bring this to a head at the next meeting, and take a vote on it. Trustee Mullen wanted to make one point that not knowing about bad behavior does not reduce our legal liability and the best way to reduce our legal liability is to get information. Page 15 Board of Trustees Regular Meeting Tuesday, January 8, 2019 Item # 15 – Calling for a Public Hearing on Local Law No. 1 of 2019 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c Resolution Calling for a Public Hearing on Local Law No. 1 of 2019 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to override the limit on the amount of real property taxes that may be levied by the Village of Pelham pursuant to General Municipal Law §3-c, and to allow the Village of Pelham to adopt a budget for the fiscal year commencing June 1, 2019 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c; and Whereas, the Board of Trustees of the Village of Pelham has determined that the adoption of the local law is a Type II Action and are therefore not subject to the requirements of the State Environmental Quality Review Act (“SEQRA”). Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, January 22, 2019 at 7:30 pm or soon thereafter at Village Hall, 195 Sparks Avenue, Pelham NY 10803 on a proposed local law to override the real property tax levy limit established in General Municipal Law §3-c; and Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing. Vote Record - Item # 15 – Resolution Calling for a Public Hearing on Local Law No. 1 of 2019 to Override the Rea Property Tax Levy Limit Established in General Municipal Law §3-c Village of Pelham Board of Trustees Regular Meeting Tuesday, January 8, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Motion ☒ ☐ ☐ ☐ Amended Trustee Kagan 2nd ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 16 Board of Trustees Regular Meeting Tuesday, January 8, 2019 Item # 16 – Authorizing Salary Adjustment for Village Clerk Resolution Authorizing Salary Adjustment for Village Clerk Whereas, Terri Rouke (“Employee”) was hired by the Village of Pelham on February 12, 2001; and Whereas, the Board of Trustees wishes to increase the Employee’s salary by $4,424.00, bringing the Employee’s total salary to $72,500.00 to become effective December 11, 2018; and Whereas, the Employee agrees to maintain a high level of performance in accordance with tasks outlined in the Employee’s current job description. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby adjusts the Employee’s salary to $72,500.00 retroactive to December 11, 2018. Vote Record - Item # 16 – Resolution Authorizing Salary Adjustment for Village Clerk Village of Pelham Board of Trustees Regular Meeting Tuesday, January 8, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 17 Board of Trustees Regular Meeting Tuesday, January 8, 2019 Item # 17 – Authorizing Salary Adjustment for Assistant Village Administrator/Village Treasurer Resolution Authorizing Salary Adjustment for Assistant Village Administrator/Village Treasurer Whereas, Christopher Scelza (“Employee”) was hired by the Village of Pelham on June 1, 2015; and Whereas, the Board of Trustees wishes to increase the Employee’s salary by $12,500.00, bringing the Employee’s total salary to $87,500.00 to become effective December 11, 2018; and Whereas, the Employee agrees to maintain a high level of performance in accordance with tasks outlined in the Employee’s current job description and other tasks as may be assigned. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby adjusts the Employee’s salary to $87,500.00 retroactive to December 11, 2018. Vote Record - Item # 17 – Resolution Authorizing Salary Adjustment for Assistant Village Administrator/Village Treasurer Village of Pelham Board of Trustees Regular Meeting Tuesday, January 8, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Mullen ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 18 Board of Trustees Regular Meeting Tuesday, January 8, 2019 Item # 18 – Other Business Mayor Volpe gave details about the meeting regarding the RFP’s that would be on January 17th. He encouraged the public if you have questions or concerns, about why we put out the RFP call somebody and ask questions. He said whether or not this community needs to address the municipal infrastructure issues in the future is really not debatable and ultimately, we're going to have to float a big bond or do something with a developer. He explained the format for the meeting where the three submitted candidates to date are going to have about 40 to 45 minutes to present. He said they are being told we don't need to revisit every part of your proposal to the extent you can concisely talk about your proposal in five minutes and then talk about the modifications to your proposal from the last to the extent, they've tweaked their numbers tweaked their apartments or financials and they want to come back to us with further information. He wanted them to have that in a public forum. He went on to say there is a fourth potential submitter and they were working on it as we speak. He said he was not trying to complicate the process but they had an idea that no one else had. He clarified that it was whether or not we should give them a ground lease and we would get rent in perpetuity for a long period of time. He thought it was not a bad idea. Mayor Volpe said what he did not want to do is preclude anyone that's really an interested party. He felt the Village really needs to do something with the Village infrastructure by thinking of other solutions and some of these things are very creative. He said when you bring these people into the process, they can give you these creative ideas, but the question is can, we work together and, do the economics work. There is going to be too much pressure on the day to day team, if we have to move somebody for six months or a year. He said that is why we have to do this in public, get to a decision, try to come to a term sheet with one of them and see if it works. We're not trying to short circuit the process but, we'll ask questions and then we'll go to the next level. Mayor Volpe said we will have the meeting and he wanted to set up a subcommittee for the purpose of trying to facilitate things. He said from there we should probably, by February 12, make a selection then possibly in 30 or 60 days we could come to a term sheet where they have to do A, B and C, which may include a payment to the Village and then we have to do D, E and F as homework to see if we can really work on that proposal and then they'll come to a final point and then you do final documents . Mayor Volpe had a table of an apples to apples comparison of what all the proposals have and what features each presents for the community. Page 19 Board of Trustees Regular Meeting Tuesday, January 8, 2019 Recurring Items Item # 19 - Authorizing the Accounts Payable Trustee Kagan 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 Village Treasurer: Fund Name: Amount General Fund $367,212.48 Capital Projects Fund $45,279.42 Trust and Agency Fund $10,211.61 TE Private Purpose Trust Fund $0.00 Grand Total $422,703.51 Be it further resolved, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Vote Record- Item # 19 – Resolution Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, January 8, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira- ☐ ☐ ☐ ☒ Cohen Item # 20 – Authorizing the Minutes of There were no minutes Page 20 Board of Trustees Regular Meeting Tuesday, January 8, 2019 Item # 21 – Adjournment to Executive Session The public portion of the Board meeting was adjourned at 9:30 pm to enter into Executive Session to discuss an active litigation regarding a vendor and one personnel matter after which time the Board would adjourn for the evening. Vote Record- Item # 21 – Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Tuesday, January 8, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen 2nd ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira- ☐ ☐ ☐ ☒ Cohen Respectfully submitted, Terri Rouke, Village Clerk Page 21