Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, APRIL 23, 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. Trustees’ Reports 5. Village Administrator’s Report 6. Mayor’s Report 7. Public Comments # Agenda Items: Non-Recurring Items 8. FY 2019-2020 Budget Adoption (All resolutions A-E) 9. Resolution Calling for a Public Hearing Local Law No. 2 of 2019 to Repeal Local Law No. 1 of 2019 and to Repeal the Override of the Tax Levy Limit Established in General Municipal Law §3-c 10. Resolution Calling for a Public Hearing on Local Law 3 of 2019 to Amend Chapter 19, Entitled “Real Property Taxes Assessment” By Creating a New Article 2, Entitled “Real Property Taxes Assessment of Converted Codominiums” 11. Resolution Adopting Proposed Sexual Harassment & Prevention Policy 12. Resolution Authorizing Settlement with Donald J. Nimphius 13. Discussion Regarding Mayor’s Commendations 14. Other Business Recurring Items 15. Authorizing Accounts Payable 16. Authorizing the Minutes of: January 8, 2019 17. Adjournment to Executive Session Next Regularly Scheduled BoT Meetings: Tuesday, May 14, 2019 Tuesday, May 28, 2019 All meetings start at 7:30 PM unless otherwise noted. *The agenda is subject to change* Board of Trustees Regular Meeting Tuesday April 23, 2019 Item # 1 – Meeting Called to Order: Item # 2 – Pledge of Allegiance: Item # 3 – Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Trustee Carpenter ☒ ☐ ☐ Trustee Hill-Ries ☒ ☐ ☐ Trustee Kagan ☒ ☐ ☐ Trustee Kamal Eldahry ☒ ☐ ☐ Trustee Potocki ☒ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ Village Administrator Small ☒ ☐ ☐ Asst. Village Administrator Scelza ☒ ☐ ☐ Asst. to the Village Admin. Farrell ☒ ☐ ☐ Trustees’ Report: Trustee Carpenter thanked Chief DiNapoli for his walk through of the Fire Department. He also said there will be a Hutchinson School PTA Meeting on Monday April 29th, regarding the upcoming construction. Trustee Hill-Ries said she is putting together a document that will summarize various development projects going on in the Village. Trustee Kagan noted Saturday April 27th is National Prescription Drug Take-Back Day and for people to stop by the Village Police Department located at 34 5th Avenue. Trustee Kamal Eldahry updated the community on CIT (Crisis Intervention Training). Chief Pallet has been in touch with the director and we are now on the registration list. She also mentioned the Police Department’s upcoming Westchester Sexual Assault Response Team Open House. Trustee Potocki spoke about the EPA grant and deferred to Mr. Small to discuss it further. Trustee Spira-Cohen thanked Chief Pallet for giving her a tour of the Police Department on his day off. She also reminded the community of the Charrette at the Town House on Saturday 27 th from 1:00 PM-3:00 PM. Page 2 Board of Trustees Regular Meeting Tuesday April 23, 2019 Village Administrator’s Report: Mr. Small reiterated the Crisis Intervention Training for the Village Staff in addition to the Police Department. Based on the Board of Trustees direction, Mr. Small inquired as to whether or not the funds of the awarded EPA Grant could be used for a different purpose. He said a recommended purpose would be for a sanitary sewer evaluation study throughout the village. Mayor’s Report: Mayor Mullen added that on Sunday April 28th at the Picture House from two to 6:00 PM is the Future of Filmmakers Festival which hosts a lot of films made entirely by students. He and Mr. Small walked the property at 8 Boulevard West and were amazed with the progress. He said we are still working out details and he has work to do to get approval to be condos, but his intention is to open his doors with a certificate of occupancy as a condo building or at least most of the condo building. Additionally, Mayor Mullen said he met with the developers of 48 1st Street and walked him through the BDFZ and they've now been referred to our planner. Concerning the RFP, Mayor Mullen said we had set a goal of negotiating terms with our first chosen developer PelhamHouse of approximately 45 to 60 days. He also pointed out that the Capital One site (200 Fifth Ave.) is not a contingency of the RFP proceeding and that the village could proceed without it being part of the project. Lastly, he met with Village Hall Staff last Thursday, and said we had a wonderful meeting and he’s grateful for the optimistic response to such major developments and challenges ahead. Item # 7 – Public Comments Susan Mutti addressed the Board of Trustees about the grants that the Friends of Highbrook Highline have received from the Junior League. She said that with children walking to school, commuters and pedestrians, it will really begin to tie the spaces together. It will function as the entry to the Highline greenspace and people will be able to access the field, the historical trail as well as the bridge garden. Mayor Mullen questioned the costs of the project. Ms. Mutti noted the path would be cut by DPW and she would coordinate with the DPW Superintendent, Joe Senerchia to schedule that. She said they would then set the installation date and coordinate with the team. Mayor Mullen asked the Trustees to consider it so they can absorb it and bring it up at the next meeting on May 14, 2019. Marilyn Hoyt of 6th Avenue shared her pedestrian safety outlook for the proposed paver project. Page 3 Board of Trustees Regular Meeting Tuesday April 23, 2019 Non-Recurring Items Item # 8 – FY 2019-2020 Budget Adoption (All resolutions A-E) Budget Resolution (A) Resolution Amending and Revising the Tentative 2019-20 Village Budget for Finalization as Adopted Budget Whereas, the Village of Pelham Board of Trustees has met at the times and place specified in the Notice of Public Hearing on the proposed budget and heard all persons desiring to be heard thereon; and, subsequently consulted with the appropriate Village officials on the contents thereof and determined that certain modifications would be desirable; and Whereas, the tentative budget was reviewed and amended at Budget Work Sessions held on March 27, 2019, March 28, 2019 and April 16, 2019. Now, therefore, be it resolved, that the Tentative Budget be amended and revised as follows: SEE ATTACHED BUDGET CHANGES FORM Vote Record - Item # 8 (A) – Resolution Amending and Revising the Tentative 2019-20 Village Budget for Finalization as Adopted Budget Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Mayor Mullen said the Board of Trustees wanted to preserve as much of our general fund balance as we can. We wanted to provide an appropriate amount of contingency so that we were not spending out of fund balance for unforeseen situations. Mayor Mullen said the final number is 2.458%, which is below the tax cap for Pelham this year. Page 4 Board of Trustees Regular Meeting Tuesday April 23, 2019 Budget Resolution (B) Resolution Adopting a Budget for the Fiscal Year Commencing June 1, 2019 and Ending May 31, 2020 Making Appropriations for the Conduct of the Village Government and Establishing the Rates of Compensation for Officers and Employees for Such Period Whereas, the Village of Pelham Board of Trustees has met at the time and place of April 9, 2019, as specified in the Notice of Public Hearing on the tentative budget and heard all persons desiring to be heard thereon; and Whereas, the Tentative Budget has been amended as specified in Budget Resolution (A). Now, therefore, be it resolved, that the budget as amended at Budget Work Sessions held on March 27, 2019, March 28, 2019, April 16, 2019 and as presented at the Budget Public Hearing on April 9, 2019 as hereinafter set forth is hereby adopted and the salaries and wages stated in the Salary Schedule of the budget are fixed at the amounts shown and are effective June 1, 2019, unless provided for by other means. Vote Record - Item # 8 (B) - Resolution Adopting a Budget for the Fiscal Year Commencing June 1, 2019 and Ending May 31, 2020 Making Appropriations for the Conduct of the Village Government and Establishing the Rates of Compensation for Officers and Employees for Such Period Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 5 Board of Trustees Regular Meeting Tuesday April 23, 2019 Budget Resolution (C) Resolution Levying the 2019 Village Tax, Establishing the Tax Rate and Fixing Dates of Payment Note: In accordance with § 1420 of the Real Property Tax Law, upon completion of the budget, but not later than May 15th, the Village Board of Trustees shall determine and levy the tax for the ensuing fiscal year. Whereas, pursuant to § 5-508 of the New York State Village Law, the Board of Trustees has adopted the Village Budget for the fiscal year commencing June 1, 2019 and ending May 31, 2020; and Whereas, such budget as adopted establishes a general Village Property Tax Levy of $11,273,257.00 for this period. Now, therefore, be it resolved, that there are levied and assessed the sum of $11,273,257.00 against all taxable real property and special franchise in the Village, pursuant to this budget, as adopted, and the 2019 Village Tax Rate is set at $7.2265629 per thousand dollars of assessed valuation for Homestead Properties and $10.0366085 per thousand dollars of assessed valuation for Non-Homestead Properties. The Receiver of Taxes for the Town of Pelham is hereby authorized and directed to extend and carry out upon the 2019 tax roll the amount to be levied against each parcel of real property and each special franchise shown thereon; and Be it further resolved, that pursuant to § 1432 of the Real Property Tax Law, taxes levied as aforesaid are due June 1st, and payable by July 1, 2019, and the dates and rates of interest shall be set as follows: Vote Record - Item # 8 (C) - Resolution Levying the 2019 Village Tax, Establishing the Tax Rate and Fixing Dates of Payment Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 6 Board of Trustees Regular Meeting Tuesday April 23, 2019 Payment Due: June 1, 2019 From June 1, 2019 to July 1, 2019 – No Interest on July 2, 2019 – 5% will be added and 1% additional on the first day of each month thereafter until paid. Budget for the Village of Pelham for the Fiscal Year June 1, 2019 to May 31, 2020 General Fund: General Government Support $1,483,528.00 Public Safety $6,275,374.00 Transportation $422,416.00 Culture and Recreation $380,218.00 Home and Community Services $1,149,253.00 Employee Benefits $4,937,854.00 Deb Service $523,069.00 Transfer to Capital Fund $0.00 Total $15,171,712.00 Less Estimated Revenue $3,898,455.00 Property Tax Levy $11,273,257.00 Assessed Valuation: Homestead $1,296,634,781.00 Tax Rate per Thousand: Homestead $7.2265629 Assessed Valuation: Non-Homestead $189,610,280.00 Tax Rate per Thousand: Non-Homestead $10.0366085 The total amount of local assistance to the General Fund anticipated to be received from the State of New York during the Fiscal Year 2019-20 $73,154.00 PLEASE NOTE: It is the taxpayer’s responsibility to remember the due date of the tax payment – June 1, 2019 payable without interest until July 1, 2019 SENIOR CITIZENS: You may be eligible for tax exemption if you are age 65 and over For more information, please call or write: Town Receiver of Taxes or Town Tax Assessor 34 5th Avenue 34 5th Avenue PELHAM, NY 10803 PELHAM, NY 10803 914-738-1642 914-738-2878 Page 7 Board of Trustees Regular Meeting Tuesday April 23, 2019 THIRD PARTY NOTIFICATION Under New York State Law (Chapter 758, Laws of 1986) if you are either 65 years of age or older or disabled and own and occupy a 1, 2, or 3 family residence, you may designate a consenting adult third party to receive duplicate copies of your tax bills and notice of unpaid taxes until further notice. Applications may be obtained in person from the Tax Office, 34 5th Avenue, Pelham, New York 10803 or by mail if you include with your request a self-addressed stamped envelope. Applications for third party notification must be filed with the Receiver of Taxes no later than June 1, 2019. TAX SCHEDULE JANUARY: Second Half School Taxes Town of Pelham APRIL: Town Taxes Town of Pelham JUNE: Village Taxes are due w/o interest by July 1st To: Village of Pelham (Town Receiver of Taxes) SEPTEMBER: First Half School Taxes Town of Pelham The data used to calculate real property taxes due is shown in Appendix 4 of the 2019-20 Village of Pelham Budget. The Village of Pelham, Assessed under Full Valuation by the Town of Pelham, shall submit assessment information in compliance with the applicable Section of the Real Property Tax Law. If you feel your assessment is too high, you have the right to seek a reduction in the future. Applications for challenging your assessment and a copy of the booklet “How to File a Complaint about Your Assessment” are available at the Assessment Office. Any tax questions can be answered by calling the Town of Pelham Tax Assessor at 738-2878 or the Town of Pelham Receiver of Taxes at 738-1642 for Village, School or Town tax information. Page 8 Board of Trustees Regular Meeting Tuesday April 23, 2019 Budget Resolution (D) 2019-20 Village of Pelham Budget Authorization for Investments Be it resolved, that the Assistant Village Administrator/Treasurer and/or Deputy Village Treasurer, during the Fiscal Year beginning June 1, 2019 are authorized to invest monies not needed for immediate expenditure in accordance with the provisions of the General Municipal Law, the Local Finance Law and the Village’s Investment Policy. Vote Record - Item # 8 (D) 2019-20 Village of Pelham Budget Authorization for Investments Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Budget Resolution (E) 2019-20 Village of Pelham Budget Resolution Authorizing the Levy and Collection of Additional Taxes upon Termination of Exempt Status Be it resolved, that the Town Assessor and Receiver of Taxes for the Town of Pelham, during the Fiscal Year beginning June 1, 2019 are authorized to levy and collect additional Village taxes upon termination of exempt status of real property in accordance with provisions of § 494 of the Real Property Tax Law. Vote Record - Item # 8 (E) 2019-20 Village of Pelham Budget Resolution Authorizing the Levy and Collection of Additional Taxes upon Termination of Exempt Status Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Trustee Kagan requested the final adopted budget be posted to the website for community reference. Page 9 Board of Trustees Regular Meeting Tuesday April 23, 2019 Item # 9 – Resolution Calling for a Public Hearing Local Law No. 2 of 2019 to Repeal Local Law No. 1 of 2019 and to Repeal the Override of the Tax Levy Limit Established in General Municipal Law §3-c Resolution Calling for a Public Hearing Local Law No. 2 of 2019 to Repeal Local Law No. 1 of 2019 and to Repeal the Override of the Tax Levy Limit Established in General Municipal Law §3-c Whereas, on January 22, 2019, in anticipation that it may be required to adopt a budget which imposes a tax levy increase greater than the limit set forth in General Municipal Law §3-c for the fiscal year commencing June 1, 2019 – May 31, 2020, the Board of Trustees of the Village of Pelham adopted Local Law No. 1 of 2019, entitled: “A Local Law to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c; and Whereas, it has now been determined that the Fiscal Year 2019-20 Village of Pelham Budget will not impose a tax levy increase greater than the limit set forth in General Municipal Law §3-c. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, May 14, 2019 at 7:30 p.m. or soon thereafter at Village Hall, 195 Sparks Avenue, Pelham NY 10803 on a proposed Local Law to repeal Local Law No. 1 of 2019 and to repeal the override of the tax levy limit established in General Municipal Law §3-c; and Be it further resolved, that the Village Clerk is hereby directed to public notice of said public hearing. Vote Record - Item # 9 – Resolution Calling for a Public Hearing Local Law No. 2 of 2019 to Repeal Local Law No. 1 of 2019 and to Repeal the Override of the Tax Levy Limit Established in General Municipal Law §3-c Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Trustee Carpenter Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kagan ☒ ☐ ☐ ☐ ☐Discussed Trustee Kamal Eldahry Motion ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 10 Board of Trustees Regular Meeting Tuesday April 23, 2019 Item # 10 – Resolution Calling for a Public Hearing on Local Law 3 of 2019 to Amend Chapter 19, Entitled “Real Property Taxes Assessment” By Creating a New Article 2, Entitled “Real Property Taxes Assessment of Converted Condominiums” Resolution Calling for a Public Hearing on Local Law 3 of 2019 to Amend Chapter 19, Entitled “Real Property Taxes Assessment” By Creating a New Article 2, Entitled “Real Property Taxes Assessment of Converted Codominiums” Whereas, the Village Board of Trustees believes it is necessary to adopt a local law to discourage owners of residential parcels from converting to a condominium form of ownership in order to obtain more favorable assessment status, which, if permitted, would unfairly lower the property tax burden for the converted property, while increasing the property tax burden to owners of property in a conventional form of ownership. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, May 14, 2019 at 7:30 PM or soon thereafter at Village Hall, 195 Sparks Avenue, Pelham NY 10803 on a proposed Local Law 3 of 2019 to Amend Chapter 19, Entitled “Real Property Taxes Assessment” By Creating a New Article 2, Entitled “Real Property Taxes Assessment of Converted Condominiums”. Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing. Vote Record - Item # 10 – Resolution Calling for a Public Hearing on Local Law 3 of 2019 to Amend Chapter 19, Entitled “Real Property Taxes Assessment” By Creating a New Article 2, Entitled “Real Property Taxes Assessment of Converted Condominiums” Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 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 ☐ ☐ ☐ ☐ Mayor Mullen described the issue, in a nutshell, as that the real property tax law treats converted condominiums differently than it treats constructed condominiums. If you're a constructed condominium then you are considered homestead property and you are a homestead for life. On the other hand, if you start off as a rental building and then you convert to condominiums, you are non- homestead for life. What this new law would allow the tax assessor to do is assess the value of the property the same way that you assess the value of a typical homestead property and would remove the tax inequity of a condo conversion. Page 11 Board of Trustees Regular Meeting Tuesday April 23, 2019 Item # 11 – Resolution Adopting Proposed Sexual Harassment & Prevention Policy Resolution Adopting Proposed Sexual Harassment & Prevention Policy Whereas, amendments to New York’s Labor Law require every employer in New York State, both public and private, to adopt the State’s model sexual harassment prevention policy and training program by October 2019 (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. Vote Record - Item # 11 – Resolution Adopting Proposed Sexual Harassment & Prevention Policy Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Trustee Carpenter Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kagan ☐ ☒ ☐ ☐ ☐Discussed Trustee Kamal Eldahry ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Trustee Kagan affirmed his support for the need to update and revise this section of our employee handbook, but renewed his objection to the anonymous reporting option. In his view, it puts the Village on notice of a problem it has insufficient information to fix. He was also concerned it could be abused to maliciously report on an employee. He further noted that while this may be gaining favor with private sector employers, we are stewards of all our neighbors tax dollars and by encouraging anonymous reporting we open the Village to greater risk. He noted further the Village cannot and does not prevent anonymous reporting, but he objects to explicitly making it an option. Page 12 Board of Trustees Regular Meeting Tuesday April 23, 2019 Item # 12 – Resolution Authorizing Settlement with Donald J. Nimphius Resolution Authorizing Settlement with Donald J. Nimphius Whereas, the Village Board of Trustees at their meeting on September 13, 2018 adopted a resolution authorizing the Village Attorney to initiate a lawsuit against defendants Marguerite Nichols and Donald J. Nimphius as homeowners of the property located at 30 Linden Avenue for violations of the Code of the Village of Pelham and the New York State Property Maintenance Code. The action sought an injunction ordering the defendants to remedy the violations or, in the alternative, allowing the Village to enter the property to remedy the violations and a permanent injunction prohibiting the defendants from committing any further violations in the future; and Whereas, the Village Attorney has submitted a confidential attorney-client memorandum to the Mayor and Village Board of Trustees providing legal advice concerning a proposed settlement. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Attorney on behalf of the Village of Pelham to execute a stipulation with counsel for Donald J. Nimphius settling and discontinuing the lawsuit; and Be it further resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Attorney to deliver such documents, and to take such other and further actions, as necessary or appropriate for the purpose of carrying out the foregoing Settlement Agreement. Vote Record - Item # 12 – Resolution Authorizing Settlement with Donald J. Nimphius Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 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 ☐ ☐ ☐ ☐ Page 13 Board of Trustees Regular Meeting Tuesday April 23, 2019 Item # 13 – Discussion Regarding Mayor’s Commendations The purpose of the Mayor's Commendation for excellence in civic service, is to recognize Village residents whose extraordinary service to our community, enhances and strengthens our collective civic life, either through volunteerism, advocacy and promotion of the arts, democratic participation, or by fostering public discourse around important issues through independent journalism and public engagement and assembly itself. At the next meeting, Mayor Mullen intends to recognize Kimberly Rosell, for her work and service for this community, and the Pelham Examiner team, for the work they've done to foster public dialogue around the community. Page 14 Board of Trustees Regular Meeting Tuesday April 23, 2019 Item # 14 – Other Business None. Page 15 Board of Trustees Regular Meeting Tuesday April 23, 2019 Recurring Items Item # 15 – Resolution Authorizing the Accounts Payable Trustee Kamal Eldahry 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 $250,981.94 Capital Projects Fund $11,542.15 Trust and Agency Fund $7,015.00 TE Private Purpose Trust Fund $0.00 Grand Total $269,539.09 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Vote Record - Item # 15 – Resolution Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 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 Second ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Steven Kahaner of 115 6th Avenue asked the Board if a planner has been hired in conjunction with the various development projects. Mayor Mullen shared information about our planning consultants, Sam Schwartz Engineering, who do their own analysis separate from the developers. Page 16 Board of Trustees Regular Meeting Tuesday April 23, 2019 Item # 16 – Authorizing the Minutes of: January 8, 2019 Vote Record - Item # 16 – Authorizing the Minutes of January 8, 2019 Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 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 # 17 – Adjournment to Executive Session Vote Record - Item # 17 – Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Trustee Carpenter ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn ☐Discussed Trustee Kagan Second ☒ ☐ ☐ ☐ Trustee Kamal Eldahry ☒ ☐ ☐ ☐ Trustee Potocki Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ The Trustees adjourned to executive session to discuss a matter regarding potential pending litigation. 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