Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, NOVEMBER 12, 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. Resolution Approving Site Plan Application for 163 Wolfs Lane in Accordance with § 98-106.3 of the Code of the Village of Pelham 9. 8 Boulevard West Amended Site Plan Application 10. Presentation on Retiree Medical Actuarial Valuation Under Government Accounting Standards Board Statement # 75 by Danziger & Markoff LLP 11. Presentation on Audited Financial Statement for Fiscal Year 2018-19 by PKF O’Connor Davies, LLP. 12. Resolution Accepting and Filing Audited Financial Statement for Fiscal Year 2018-19 13. Resolution Authorizing Letter of Engagement with PKF O’Connor Davies, LLP. to Provide Independent Financial Audit Services for Fiscal Years 2019-20, 2020-21 and 2021-22 14. Resolution Establishing a Standard Work Day for Elected Officials Participating in the New York State and Local Retirement System 15. Public Hearing Regarding Altice Cable Franchise Renewal Agreement 16. Other Business Recurring Items 17. Authorizing Accounts Payable 18. Authorizing Minutes of: June 11, 2019 and August 13, 2019 19. Adjournment to Executive Session Next Regularly Scheduled BOT Meetings: Tuesday, November 26, 2019 Tuesday, December 10, 2019 All meetings start at 7:30 PM unless otherwise noted. *The agenda is subject to change* Board of Trustees Regular Meeting Tuesday, November 12, 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 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 Lieutenant DeSimore, Firefighters Bellantoni and Melendez of the Pelham Fire Department for their fire safety prevention outreach program held at the Hutchinson Elementary School. Trustee Hill-Ries mentioned that on Thursday evening at The Art Center, the Junior League of Pelham is hosting a community roundtable at 7:30 pm. It's an annual event where members of the community can come together to discuss the subjects. This year we're going to be talking about Julian's Park which we are currently in the process of revitalizing. If you'd like to weigh in, we have a great vision plan but we would love everyone's input. We really want to make this a community project. She also congratulated former Deputy Mayor Kagan on his recent election win for Pelham Town Justice. Trustee Kamal Eldahry thanked the Pelham Police Department for making the effort to include five police officers in a crisis intervention training (CIT) developed for law enforcement officers to acquire specialized skills when responding to persons with mental illness and substance abuse. Trustee Potocki mentioned two individuals who recently passed away: Anthony Joseph Oliva Sr. and John Von Bargen of Pelham. Trustee Spira-Cohen thanked everyone for their support on creating the Pedestrian Safety and Traffic Calming Committee. Village Administrator’s Report: Village Administrator, Omar Small noted the NYS DOT’s Lincoln Avenue Bridge Project’s is on schedule for summer 2020. He also said he’s hoping to getting out the Sanitary Sewer Evaluation RFQ out this week. Board of Trustees Regular Meeting Tuesday, November 12, 2019 He also introduced Kieya Glaze, our new Deputy Treasurer. Mayor’s Report Mayor Mullen thanked Mrs. Hatter and the second graders at Hutchinson Elementary for his invitation to discuss election day. He also congratulated Dr. Ann Frost and Supervisor DiPaula, for being honored by Pelham Civics last Friday night. He mentioned his conversation with the Manor Club on potential development in the Village of Pelham. He thanked former Deputy Mayor Kagan for his service on the Board of Trustees and congratulated him on his new position as Town Justice. Item # 7 – Public Comments Former Deputy Mayor Kagan thanked everyone for their kind words. Board of Trustees Regular Meeting Tuesday, November 12, 2019 Non-Recurring Items Item # 8 – Resolution Approving Site Plan Application for 163 Wolfs Lane in Accordance with § 98-106.3 of the Code of the Village of Pelham Resolution Approving Site Plan Application for 163 Wolfs Lane in Accordance with § 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 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 those purposes the Board of Trustees created the Business District Floating Zone by adopting Village Code § 106.3; and Whereas, Village Code § 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, Concrete Ventures, LLC (“Concrete Ventures” or the “applicant”) has applied to develop the property known as 163 Wolfs Lane (the “163 Wolfs Lane Property”) in accordance with those requirements and standards; and Whereas, Concrete Ventures, LLC has represented to the Board of Trustees that it is the lawful owner or contract vendee of the 163 Wolfs Lane Property; and Whereas, in furtherance of its application, Concrete Ventures, LLC has submitted to the Building Inspector a declaration of intent to develop accompanied by the requisite documents, information and fees; and Whereas, Concrete Ventures, LLC has further submitted a formal and complete proposed site plan prepared by Gallin Beeler Design Studio, dated 2-1-2019 and last revised 5-13-19, satisfying the requirements of Village Code Chapter 79, showing a proposed development and or use of the 163 Wolfs Lane property; and Whereas, Concrete Ventures, LLC proposes to create a mixed-use development with 27 units consisting of 13 one-bedroom, and 14 two-bedroom units, plus 1,400 square feet of ground floor commercial space; and Board of Trustees Regular Meeting Tuesday, November 12, 2019 Whereas, the 163 Wolfs Lane property consists of one tax parcels, Parcel 163.51, which is located in the Business-1 zoning district; and Whereas, Concrete Ventures, LLC requests site plan approval pursuant to Village Code § 98-106.3 also known as the Business District Floating Zone; and Whereas, Concrete Ventures, LLC has submitted the following documents and plans in support of the application: • Letter “Re: Concrete Ventures BDF District Application,” dated 2/1/2019 (Zarin & Steinmetz); • Site Plan Application and Intent to Develop Form, dated 2/1/2019, and last revised 5/13/19; • EAF Full Form, dated 2/22/2019, and last revised 5/22/19; • Zoning Analysis and Area Map, A00, dated 2/1/2019, and last revised 5/13/2019; • Proposed Rendering, A01, dated 2/1/2019, and last revised 5/13/2019; • Context Views, A02, dated 2/1/2019; • Existing Survey, A03, dated 8/19/2017 (TC Merritts Land Surveyors), and last revised 5/13/2019; • Zoning Map, A04, dated 2/1/2019, and last revised 5/13/2019; • Existing & Demolition Site Plan, A10, dated 2/1/2019, and last revised 5/13/2019; • Proposed Basement with Parking, A11, dated 2/1/2019, and last revised 5/13/2019; • Proposed Ground Floor with Parking, A12, dated 2/1/2019, and last revised 5/13/2019; • Proposed 2nd, 3rd, and 4th Floor Plan, A13, dated 2/1/2019, and last revised 5/13/2019; • Proposed Penthouse Floor Plan, A14, dated 2/1/2019, and last revised 5/13/2019; • Proposed Elevations, A20, dated 2/1/2019, and last revised 5/13/2019; • Proposed Elevations, A21, dated 2/1/2019, and last revised 5/13/2019; • Building Section, A30, dated 2/1/2019, and last revised 5/13/2019; • Landscape Plan, L1, dated 2/1/2019 (IQ Landscape Architects), and last revised 5/13/2019; • Landscape Details, L2, dated 2/1/2019, and last revised 5/13/2019; • Concept Site Plan, C1, dated 2/1/2019 (Catizone Engineering, P.C.); • Phase I Environmental Site Assessment Report, dated 6/27/2017 (Middleton Environmental Inc.); • Phase II Subsurface Investigation Report, dated 8/22/2017 (C2G Environmental Consultants); • Engineer’s Report, Sanitary Sewer Analysis: 163 Wolfs Lane, prepared by Catizone Engineering, P.C., dated 1/13/2018; • Pelham Sanitary Sewer System, westchestergov.com; • Pelham Stormwater System, westchestergov.com; • Joint Yonkers Sanitary Sewer Districts, Sewer System Evaluation Survey, Map Atlas I-5, prepared by Charles R. Velzy Associates, Inc. dated April 1979 and Malcom Pirnie dated December 1993; • ArcGIS Web Map, NYC Open Data, County of Westchester, dated 3/25/2019; • Traffic Impact Study, prepared by Provident Design Engineering, PLLC, dated March 28, 2019 and last revised April 17, 2019; • Memorandum on School Generation Rates, prepared by AKRF, Inc., dated 5/7/2019; • Engineer’s Report, Sanitary Sewer Analysis: 163 Wolfs Lane, prepared by Catizone Engineering, P.C., dated 1/13/2018, and last revised 5/15/2019; • *Letter “FOIL request for Pelham Union Free School District,” dated 5/6/2019 (Pelham Public Schools); • *Letter “Re: FOIL – Number of children in Harrison Central School District for certain developments,” dated 12/6/18 (Board of Education Harrison Central School District); • *Letter “FOIL,” dated 12/12/2018 (Pleasantville Public Schools); • *Letter “FOIL,” dated 12/5/2018 (Portchester Public Schools); • *Letter “Re: Your Freedom of Information Law Request,” dated 4/1/19 (AKRF, Inc.), and • *Letter “FOIL Request,” dated 1/10/2019 (White Plains City School District) * Data was from a FOIL Request Board of Trustees Regular Meeting Tuesday, November 12, 2019 Whereas, Concrete Ventures, LLC provided notice of its application to all property owners contiguous to the applicant’s property as required; and Whereas, Concrete Ventures, LLC duly provided notice to the County of Westchester and the City of New Rochelle as required by General Municipal Law §§239-m, 239-n and 239-nn and Westchester County Administrative Code §§ 277.61 and 277.71; and Whereas, the Board of Trustees determined the Code of the Village of Pelham §98-106.3(C) requires the proposed action be referred to the Planning Board and Architectural Review Board and such referral was made on 2-26-19; and Whereas, the applicant subsequently 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, Concrete Ventures, LLC submitted the fees required in accordance with the schedule of fees for the Village of Pelham; and Whereas, the Architectural Review Board conducted a detailed review of the application on 3-20- 19;4-17-19;5-22-19; 6-19-19 and submitted to the Board of Trustees on 6-19-19 a resolution recommending approval subject to the following: A. The applicant shall identify a solution to remedy potentially adverse impacts from garage lights and that solution shall be made prior to the issuance of a building permit; and Whereas, the Planning Board conducted a detailed review of the application on 3-10-19, 4-17-19, and 5-22-19 and submitted to the Board of Trustees on 6-19-19 a resolution recommending approval with conditions presented in E. below; and Whereas, after due notice the Board of Trustees opened a public hearing with respect to the application on 8-13-19, and Whereas, subsequent to the public hearing and in response to comments raised at the public hearing, the applicant submitted a revised and partial set of drawings that included the following: • Site Sections, A05 - Rendering from Brookside Avenue, prepared by Gallin Beeler ds, dated 6-06-19 and last revised 9-05-19; • Site Sections, A05 – Height of building in relation to Manning Circle, prepared by Gallin Beeler ds, dated 6-06-19; • Proposed Roof Plan, A16 – Rooftop mechanical equipment added, prepared by Gallin Beeler ds, dated 6-06-19 and last revised 9-06-19 (note: mechanical equipment not visible in any of the rendering views); • Proposed 2nd and 3rd Floor Plans, A13 - 1BR apartment layouts updated to show address to the bathrooms from the living areas, prepared by Gallin Beeler ds, dated 6-06-19 and last revised 9-06-19; and • Proposed 4th Floor Plans, A14- 1 BR apartment layouts updated to show address to the bathrooms from the living areas prepared by Gallin Beeler ds, dated 6-06-19 and last revised 9-06-191. Board of Trustees Regular Meeting Tuesday, November 12, 2019 Whereas, the Board of Trustees thereafter continued the public hearing with respect to the application on 9-10-19 and 9-24-19; and Whereas, the Board of Trustees closed the public hearing with respect to the application on 9-24-19; 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), on March 12, 2019, the Board of Trustees received a full environmental assessment form (EAF), declared itself to be lead agency and identified the proposed action as an unlisted action; and Whereas, the Board of Trustees (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 considered the standards for site plan review established by Village Code § 79-5. 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 C. The final site plan approval is based on the following drawings that have been submitted by the applicant (collectively, the “Drawings”): • Rendering from North, A01A, prepared by Gallin Beeler ds, dated 9-5-19; • Building Section, A30, prepared by Gallin Beeler ds, dated 9-5-19; • Proposed Basement with Parking, A11, prepared by Gallin Beeler ds, dated 9-5-19; • Proposed Ground Floor with Parking, A12, prepared by Gallin Beeler ds, dated 9-5-15; • Proposed 2nd and 3rd Floor Plan, A13, prepared by Gallin Beeler ds, dated 9-5-19; • Proposed 4th Floor Plan, A14, prepared by Gallin Beeler ds, dated 9-5-19; • Proposed Penthouse Floor Plan, prepared by Gallin Beeler ds, dated 9-5-19; • Proposed Roof Plan, A16, prepared by Gallin Beeler ds, dated 9-5-19; • Proposed Elevations, A20, prepared by Gallin Beeler ds, dated 9-5-19; • Proposed Elevations, A21, prepared by Gallin Beeler, dated 9-5-19; • Enlarged Elevations, A22, prepared by Gallin Beeler, dated 9-5-19; • View with Picture House, A01B, prepared by Gallin Beeler, dated 9-5-19; • Rendering from the South, A01C, prepared by Gallin Beeler, dated 9-5-19; Board of Trustees Regular Meeting Tuesday, November 12, 2019 • Rendering from the West, A01D, prepared by Gallin Beeler, dated 9-5-19; • Rendering from Brookside Ave, A01E, prepared by Gallin Beeler, dated 9-5-19; • Site Sections, A05, prepared by Gallin Beeler, dated 6-06-19 and last revised 9-05-19; • Landscape Plan, L1, prepared by IQ Landscape Architects, dated 5-13-19; • Landscape Details, L2, prepared by IQ Landscape Architects, dated 5-13-19; • Tree Inventory, L3, prepared by IQ Landscape Architects, dated 5-13-19; • Grading and Utility Plan, SD-201, prepared by Catizone Engineering, dated 4-12-19; and • Erosion & Sediment Control Plan, SD-202, prepared by Catizone Engineering, dated 4-12-19. D. Site plan approval granted pursuant to this resolution shall be conditioned on Project construction being completed in accordance with the Drawings. E. In addition to the Drawings submitted in C. above, the application of Concrete Ventures, LLC for site plan approval for the Project known as 163 Wolfs Lane is approved subject to the following conditions: 1. The applicant shall, as a condition of site plan approval and prior to the issuance of a building permit, review the site lines from the driveway exit to ensure that there is adequate site distance from the edge of the proposed building to the south, and landscaping to the north. 2. The applicant shall, as a condition of site plan approval and prior to the issuance of a building permit, have the project reviewed by the Village Fire Department to ensure adequate fire safety access and design. 3. The applicant shall, as a condition of site plan approval and prior to the issuance of a building permit provide a final Sanitary Sewer Improvement Analysis and Plan updated from the Sanitary Sewer Analysis, prepared by Catizone Engineering, P.C., dated 1/13/2018, and last revised 5/15/2019. 4. The applicant shall, as a condition of site plan approval and prior to the issuance of a building permit submit to the Building Inspector a complete and final set of plans and documents, consistent with the conditions articulated above and as required by Chapter 34 of the Village Code. Substantive deviations from the plans approved by the Board of Trustees will require a resubmission to the Board of Trustees for a modification to an approved site plan. 5. The applicant shall, as a condition of site plan approval and prior to the issuance of any building permit, provide the Village a fair share contribution for traffic and pedestrian safety, paving, and sanitary sewer improvements based on the provisions of Local Law 4, and as adjusted for traffic and pedestrian safety improvements being provided by the applicant at the subject site. The fair share contribution shall be paid prior to the issuance of a building permit and is calculated as follows: a. Traffic/Pedestrian Improvements (27du’s + 1,400sf commercial) x 3,191/trip=$102,112 b. Paving - 139 lf frontage x 40 ft width on Wolfs Lane x $2.00 lf = $11,120 c. Sanitary Sewer - 139 lf frontage x $70/lf = $9,730 SUBTOTAL= $122,962 d. Adjustment for traffic and pedestrian safety improvements ($43,000) TOTAL=$79,962 6. This site plan approval is binding upon the applicant, the property owner and any subsequent owner of the property and 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. Board of Trustees Regular Meeting Tuesday, November 12, 2019 Be it further resolved, that in accordance with Village Code §79-7, this site plan approval shall be null and void if the applicant fails to obtain a building permit within 120 days of this resolution; and Be it further resolved, that this site pan approval will be null and void if the applicant does not commence construction within six months of the date of this resolution, absent in extension from the Village Board of Trustees. Vote Record - Item # 8 - Resolution Approving Site Plan Application for 163 Wolfs Lane in Accordance with § 98-106.3 of the Code of the Village of Pelham Village of Pelham Board of Trustees Regular Meeting Tuesday, November 12, 2019 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ David Cooper of Zarin & Steinmetz and Ray Beeler of Gallin Beeler Design Studio represented Concrete Ventures and the proposed project at 163 Wolfs Lane. Board of Trustees Regular Meeting Tuesday, November 12, 2019 Item # 9 – 8 Boulevard West Amended Site Plan Application Mayor Mullen introduced Gary Hirsch and the building at 8 Boulevard West. He said that when the scaffolding came down, there was concern about some architectural detail changes to the facade that were on the plans provided to the building inspector. Mr. Hirsch explained that to the extent feasible, they’ve made those changes. Mayor Mullen stated his referral to the Planning Board and Architectural Review Board’s next meetings and Vote Record - Item # 9 - Resolution Referring 8 Boulevard West Amended Site Plan Application to ARB & Planning Board Village of Pelham Board of Trustees Regular Meeting Tuesday, November 12, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, November 12, 2019 Item # 10 - Presentation on Retiree Medical Actuarial Valuation Under Government Accounting Standards Board Statement # 75 by Danziger & Markoff LLP Senior Actuary, Edward A. Echeverria of Danziger & Markoff LLP discussed the accounting rules effective for fiscal year 2019. Board of Trustees Regular Meeting Tuesday, November 12, 2019 Item #11 - Presentation on Audited Financial Statement for Fiscal Year 2018-19 by PKF O’Connor Davies, LLP. Rob Daniele and Catherine Rapfogel presented their findings during the audit of financial statements for fiscal year 2018-19. Board of Trustees Regular Meeting Tuesday, November 12, 2019 Item # 12 - Resolution Accepting and Filing Audited Financial Statement for Fiscal Year 2018- 19 Resolution Accepting and Filing Audited Financial Statement for Fiscal Year 2018-19 Whereas, PKF O’Connor Davies, LLP has submitted final reports for the fiscal year ended May 31, 2019. Now, therefore, be it resolved, that the internal management letter and the audited financial statements for all fund types and account groups for the fiscal year ended May 31, 2019 prepared by PKF O’Connor Davies LLP are hereby accepted and ordered to be filed pursuant to New York State Village Law § 4-408 (e). Vote Record - Item # 12 - Resolution Accepting and Filing Audited Financial Statement for Fiscal Year 2018-19 Village of Pelham Board of Trustees Regular Meeting Tuesday, November 12, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Second ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, November 12, 2019 Item # 13 – Resolution Authorizing Letter of Engagement with PKF O’Connor Davies, LLP. to Provide Independent Financial Audit Services for Fiscal Years 2019-20, 2020-21 and 2021-22 Resolution Authorizing Letter of Engagement with PKF O’Connor Davies, LLP. to Provide Independent Financial Audit Services for Fiscal Years 2019-20, 2020-21 and 2021-22 Whereas, New York State Village Law § 4-408 (e) requires the Village Treasurer to file an annual financial statement of the Village’s revenues, expenditures and outstanding indebtedness in the Village Clerk’s office within sixty (60) days of the end of the fiscal year; and Whereas, the accounting firm of PKF O’Connor Davies, LLP, of Harrison, NY, has served as the Village’s independent auditor since Fiscal Year 2004-05, performing these audits and providing other assistance to the Village in a highly professional manner; and Whereas, via resolution dated October 18, 2016, the Village Board of Trustees awarded PKF O’Connor Davies a three (3) year professional services agreement for fiscal years 2016-17, 2017-18 and 2018-19; and Whereas, PKF O’Connor Davies has proffered a successor agreement with a three (3) year term to perform the annual audit for the Village for fiscal years 2019-20, 2020-21 and 2021-22; and Whereas, the Village Administrator and Assistant Village Administrator/Village Treasurer are recommending the continuance with PKF O’Connor Davies for independent financial audit services. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Village Administrator to execute the attached Letter of Engagement with PKF O’Connor Davies, LLP, to perform annual independent audits for the Village for a three (3) year term at a fee of $34,500.00 for fiscal year 2019-20, $35,500.00 for fiscal year 2020-21 and $36,500.00 for fiscal year 2021-22; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effectuate the intent of this resolution. Vote Record - Item # 13 – Resolution Authorizing Letter of Engagement with PKF O’Connor Davies, LLP. to Provide Independent Financial Audit Services for Fiscal Years 2019-20, 2020-21 and 2021-22 Village of Pelham Board of Trustees Regular Meeting Tuesday, November 12, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, November 12, 2019 Item # 14 – Resolution Establishing a Standard Work Day for Elected Officials Participating in the New York State and Local Retirement System Resolution Establishing a Standard Work Day for Elected Officials Participating in the New York State and Local Retirement System Whereas, New York State Employees’ Retirement System Rule 315.4 requires reporting to the Retirement System, on a form prepared by the State Retirement System, with respect to work days for certain elected officials who are members of the Retirement System and who are being reported for service credit and for whom the Village does not maintain time records; and Whereas, Rule 315.4(b) requires that the Village Board of Trustees adopt a resolution establishing a standard work day for each such elected or appointed office or position if the holder of that office or position is a member of the Retirement System for whom service credit is being reported. Title Name Standard Term Participates in Days/Month Work Day Begins/Ends Employer’s Time (Based on (hrs/day) Keeping System Record of (Y/N) Activities) Elected Official April 2018 to Village Trustee Hanan Elhadry 6 November 2020 N 7.0 April 2019 to Mayor Chance Mullen 6 November 2021 N 9.0 Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby establishes the above as standard work days for elected officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the Village Clerk of this body; and Be it further resolved, that a copy of this resolution be posted on the Village’s website for a minimum of 30 days; and Be it further resolved, that a certified copy of this resolution be filed with the New York State Retirement System within 15 days after the posting period. Vote Record - Item # 14 – Resolution Establishing a Standard Work Day for Elected Officials Participating in the New York State and Local Retirement System Village of Pelham Board of Trustees Regular Meeting Tuesday, November 12, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☐ ☐ ☒ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☐ ☐ ☒ ☐ ☐Withdrawn Trustee Potocki Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, November 12, 2019 Item # 15 – Public Hearing Regarding Altice Cable Franchise Renewal Agreement VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING The Board of Trustees of the Village of Pelham will hold a public hearing at the regular meeting of the Board of Trustees at 7:30 p.m. on Tuesday, November 12, 2019 at Village Hall, 195 Sparks Avenue, Pelham, New York regarding cable franchise renewal. The purpose of the public hearing is to review the past performance of the cable operator, Altice, and to identify the future cable-related community needs of the Village. By order of the Mayor and Village Board of Trustees Terri Rouke, Village Clerk Publication Date: October 25, 2019 ________________________________________________________________________________ Trustee Potocki motioned to open the public hearing, Trustee Hill-Ries seconded the motion. Trustee Spira-Cohen motioned to close the public hearing, Trustee Kamal Eldahry seconded the motion. Board of Trustees Regular Meeting Tuesday, November 12, 2019 Item # 16 – Other Business Trustee Kamal Eldahry presented submissions from the Sustainability Advisory Board on EV technology, tree regulations and to include food scrap recycling into the upcoming bid award for a garbage contract. Board of Trustees Regular Meeting Tuesday, November 12, 2019 Recurring Items Item # 17 - Authorizing the Accounts Payable Trustee Spira-Cohen 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 $93,015.69 Capital Projects Fund $0.00 Trust and Agency Fund $20,582.00 TE Private Purpose Trust Fund $873.96 Grand Total $114,471.65 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, November 12, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled ☐Withdrawn Trustee Kamal Eldahry Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, November 12, 2019 Item # 18 - Authorizing the Minutes of June 11, 2019 and August 13, 2019: Vote Record - Item # 18a – Authorizing the Minutes of June 11, 2019 Village of Pelham Board of Trustees Regular Meeting Tuesday, November 12, 2019 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Spira-Cohen ☐ ☐ ☒ ☐ Vote Record - Item # 18b – Authorizing Minutes of August 13, 2019 Village of Pelham Board of Trustees Regular Meeting Tuesday, November 12, 2019 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☐ ☐ ☐ ☐ Amended Trustee Hill-Ries ☐ ☐ ☐ ☐ ☒Tabled Trustee Kamal Eldahry ☐ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☐ ☐ ☐ ☐ ☐Discussed Trustee Spira-Cohen ☐ ☐ ☐ ☐ Item # 19 – Adjournment to Executive Session Vote Record - Item # 19 – Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Tuesday, November 12, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ They adjourned into executive session at 10:15pm to discuss a personnel matter and potential sale of land.