Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, APRIL 9, 2019, 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. Village Administrator’s Report 7. Public Comments # Agenda Items: Non-Recurring Items 8. Presentation by Michele Cassandra, Town of Pelham Assessor on Proposed Local Law for Condominium Conversions 9. Presentation on Proposed Residential Development Project at 48 First Street 10. Public Hearing on FY2019-2020 Tentative Budget 11. Resolution Authorizing Appointment of Planning Board Member 12. Resolution Adopting Proposed Sexual Harassment & Prevention Policy 13. Other Business Recurring Items 14. Authorizing Accounts Payable 15. Adjournment to Executive Session Next Regularly Scheduled BoT Meetings: Tuesday, April 23, 2019 (Note: Fiscal Year 2019-20 Budget Adoption) Tuesday, May 14, 2019 All meetings start at 7:30 PM unless otherwise noted. *The agenda is subject to change* Board of Trustees Regular Meeting Tuesday April 9, 2019 Item # 1 – Meeting Called to Order: The meeting of the Board of Trustees was called to order by Mayor Mullen at 7:30 pm. Item # 2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Mullen. Item # 3 – Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Trustee Carpenter ☒ ☐ ☐ Trustee Hill-Ries ☒ ☐ ☐ Trustee Kagan ☒ ☐ ☐ Trustee Kamal Eldahry (via phone call) ☒ ☐ ☐ Trustee Potocki ☒ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ Village Administrator Small ☒ ☐ ☐ Asst. Village Administrator Scelza ☒ ☐ ☐ Asst. to the Village Admin. Farrell ☒ ☐ ☐ Trustees’ Report: Trustee Carpenter had no report. Trustee Hill-Ries noted her meeting with Mr. Small to discuss plans concerning Village communications. Trustee Kagan reported Pelham House’s representatives toured the police department headquarters. Trustee Kamal Eldahry talked about the MyVoP App and thanked those who helped with the Hutchinson PTA cleanup over the weekend. Trustee Potocki said he’d been in contact with Dr. Champ about parking issues during Hutchinson construction. Trustee Spira-Cohen thanked the Hutchinson PTA for the cleanup over the weekend. Village Administrator’s Report: Mr. Small spoke about NYS DOT applying for temporary parking around the Hutch during construction in the coming months. Page 2 Board of Trustees Regular Meeting Tuesday April 9, 2019 Mayor’s Report: Mayor Mullen congratulated Pelham Examiner for receiving honorable mention as the fourth best news site in New York, by the New York Press Association. Additionally, he thanked Kimberly Rosell, the Village Board of Trustees and many people in the community who attended the second annual volleyball tournament for Empathy Towards All on Saturday, March 30th. He suggested the Board of Trustees acknowledge community efforts more. He added a plug for the Charrette hosted by the Sustainability Advisory Board on April 27 from 1:00 to 3:00 PM in the townhouse. Lastly he discussed the incoming developments of 139 Fifth Avenue, 101 and 163 Wolfs Lane. Item # 7 – Public Comments Amanda Jaskiewicz of 264 Eastland Avenue is concerned about the developer’s experience with these types of construction and the potential for decreased tax revenue along Fifth Avenue. Deputy Mayor Kagan responded that these are private parcels and the Village is not in the business of ensuring that capable partners are engaged. What the Village can and does do, is require the developers to post a bond sufficient to return the property to a safe condition if the developer can’t complete a project. Carolyn O’Connor of 213 Carol Avenue wondered why her street hasn’t been paved. She also noted the chain-link barrier temporarily located at 163 Wolfs Lane. Marilyn Hoyt of 110 6th Avenue asked the Board of Trustees about the timeline of the potential developments and condominium assessment law the Town just passed. Page 3 Board of Trustees Regular Meeting Tuesday April 9, 2019 Non-Recurring Items Item # 8 – Presentation by Michele Cassandra, Town of Pelham on Proposed Local Law for Condominium Conversions Michelle Cassandra, Town of Pelham Tax Assessor said in addition to being here tonight, she shared the proposal for changing the tax law around condominium conversions with the Village of Pelham Manor as well as the Pelham School District. She discussed the homestead taxing option that allows condominiums that are built as condominiums to be assessed at market value, and not on the income approach to value which generates a much lower assessment. They are taxed at a higher rate, but still, their taxes end up being about half of what they would be had they been assessed at market value. Mayor Mullen announced 8 Boulevard West’s plans to convert to condominiums, in advance of this issue. Ms. Cassandra wants documentation from 8 Boulevard West stating their position as condominiums. Dan McLaughlin of Pelham Manor made it know that this would be done going forward out of fairness rather than as a penalty. Page 4 Board of Trustees Regular Meeting Tuesday April 9, 2019 Item # 9 – Presentation on Proposed Residential Development Project at 48 First Street Project engineer Michael Mastrogiacomo P.E. and the building owner presented their plans for 48 First Street to the Board. The Board of Trustees questioned them about details of the proposal including what could be built there as of right currently, and what they were doing in order to earn BDFZ treatment. The Board suggested they review the BDFZ and come back with a presentation better aligned with the BDFZ’s goals. Item # 10 – Public Hearing on FY2019-2020 Tentative Budget Vote Record - Item # 11 – To Open A Public Hearing Village of Pelham Board of Trustees Regular Meeting Tuesday, April 9, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Trustee Carpenter ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Kamal Eldahry ☐ ☐ ☐ ☒ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ There was no public comment. Vote Record - Item # 11 – To Close A Public Hearing Village of Pelham Board of Trustees Regular Meeting Tuesday, April 9, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Trustee Carpenter ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kagan ☒ ☐ ☐ ☐ ☐Discussed Trustee Kamal Eldahry ☐ ☐ ☐ ☒ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Page 5 Board of Trustees Regular Meeting Tuesday April 9, 2019 Item # 11 – Resolution Authorizing Appointment of Planning Board Member Resolution Authorizing Appointment of Planning Board Member Whereas, Jeffrey Lacilla, tendered his resignation as a member of the Planning Board. Now, therefore, be it resolved, that Sidney Burke, of 148 Elderwood Avenue, is hereby appointed as a member of the Planning Board expiring March 31, 2024, or until such time as a successor is appointed. Vote Record - Item # 11 – Resolution Authorizing Appointment of Planning Board Member Village of Pelham Board of Trustees Regular Meeting Tuesday, April 9, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Trustee Carpenter ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kagan Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Kamal Eldahry ☐ ☐ ☐ ☒ Trustee Potocki Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Item # 12 – Resolution Adopting Proposed Sexual Harassment & Prevention Policy Resolution Adopting Proposed Sexual Harassment & Prevention Policy Page 6 Board of Trustees Regular Meeting Tuesday April 9, 2019 Whereas, amendments to New York Law require every employer in New York State, both public and private, to adopt a version of the State’s model sexual harassment prevention policy and training program by October 9, 2018 (NY Labor Law § 201-G); and Whereas, the Village of Pelham supports the elimination and prevention of workplace sexual harassment. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein adopts the attached Sexual Harassment Prevention Policy to be made available to all employees, effective immediately. After continued discussion about the appropriateness of anonymous reporting, Deputy Mayor Kagan voted against the policy because he believes that by endorsing anonymous reporting in the guidelines, the Village exposes itself to greater liability. He noted the Village will have just enough information to know someone complained but has no mechanism to evaluate the information or whether it is one or several complainants. For this and because it is not provided for in any other similarly situated communities, he suggested removing anonymous reporting to mitigate the Village’s risk. Vote Record - Item # 12 – Resolution Adopting Proposed Sexual Harassment & Prevention Policy Village of Pelham Board of Trustees Regular Meeting Tuesday, April 9, 2019 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Trustee Carpenter ☒ ☐ ☐ ☐ ☒Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kagan ☐ ☒ ☐ ☐ ☐Discussed Trustee Kamal Eldahry ☐ ☐ ☐ ☒ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Item # 13 – Other Business Trustee Hill-Ries mentioned her meeting with Susan Mutti to discuss the Highbrook Highline. Mayor Mullen requested it be added to the next agenda. Page 7 Board of Trustees Regular Meeting Tuesday April 9, 2019 Trustee Spira-Cohen said the NY Power Authority has a kickoff meeting scheduled with the Village concerning LED lights. Recurring Items Item # 14 - Authorizing the Accounts Payable Page 8 Board of Trustees Regular Meeting Tuesday April 9, 2019 Trustee Kagan is auditing the Accounts Payable. Resolution Authorizing the Accounts Payable Whereas, pursuant to §5-524 of the New York State Village Law, the Board of Trustees shall audit all claims against the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham after audit of the following vouchers, authorizes payment for services rendered and materials received, for the following items that have been submitted to the Treasurer's Office for payment and authorized by the Village Administrator and Village Treasurer: Fund Name: Amount General Fund $78,689.27 Capital Projects Fund $0.00 Trust and Agency Fund $0.00 TE Private Purpose Trust Fund $0.00 Grand Total $78,689.27 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Vote Record - Item # 14 – Resolution Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, April 9, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Trustee Carpenter ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Kamal Eldahry ☐ ☐ ☐ ☒ Trustee Potocki Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Item # 15 – Adjournment to Executive Session Page 9 Board of Trustees Regular Meeting Tuesday April 9, 2019 The public portion of the Board meeting was adjourned at 9:30 PM to enter into Executive Session to discuss an potential pending litigation and a potential appointment after which time the Board would adjourn for the evening. Vote Record - Item # 15 – Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Tuesday, April 9, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Trustee Carpenter ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Kamal Eldahry ☐ ☐ ☐ ☒ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Respectfully submitted, ______________________ Cara Farrell, Secretary to the Village Administrator Page 10