Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JANUARY 14, 2020, 7:30 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY 10803 Minutes 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. Swearing in for Deputy Mayor Peter Potocki 9. Swearing in for Village Trustee Ciro Greco 10. Resolution Appointing Sustainability Advisory Board Member 11. Resolution Authorizing an Inter-Municipal Agreement between the County of Westchester and the Village of Pelham for the Employee Assistance Program 12. Resolution Calling for a Public Hearing on Local Law No. 1 of 2020 to Override the Real Property Tax Levy Limit Established in General Municipal Law § 3-c 13. Resolution Approving Request for Vacation Buy-Back 14. Resolution Authorizing Budget Amendment (AIM-Related Payments) 15. Update Regarding Passport Parking and Sustainable Westchester’s ReCollect App. 16. Other Business Recurring Items 17. Authorizing Accounts Payable 18. Authorizing Minutes of: August 13, 2019 19. Adjournment to Executive Session Next Regularly Scheduled BOT Meetings: Tuesday, January 28, 2020 Tuesday, February 11, 2020 All meetings start at 7:30 PM unless otherwise noted. *The agenda is subject to change* Board of Trustees Regular Meeting Tuesday, January 14, 2020 Item # 1 – Meeting called to order: Mayor Mullen called the meeting to order at 7:30 PM. Item # 2 – Pledge of Allegiance: Mayor Mullen led the Pledge of Allegiance. Item # 3 – Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Trustee Carpenter ☒ ☐ ☐ Trustee Greco ☒ ☐ ☐ 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 had nothing to report. Trustee Greco had nothing to report. Trustee Hill-Ries had nothing to report. Trustee Kamal Eldahry updated the Board of Trustees on Sustainability Advisory Board initiatives including EV charging stations and an updated tree code. Trustee Potocki also mentioned the conversation regarding the tree canopy and updated code. Trustee Spira-Cohen thanked those who responded to the Pedestrian Safety & Traffic Calming Committee survey. She also noted the ordering of two new hybrid patrol vehicles for the police department. She also mentioned the Department’s work with Crime in America in the creation of an outreach publication to promote community safety. Village Administrator’s Report: Village Administrator Small had nothing to report. Board of Trustees Regular Meeting Tuesday, January 14, 2020 Mayor’s Report Mayor Mullen announced a grant the village is participating in. Climate Action Planning Institute (CAPI) has pulled together Westchester County and a handful of other municipalities within the County. He reiterated the conversation with Sustainable Westchester’s Ron Kamer focusing on infrastructure and where the EV charging stations would be placed in the village. He also thanked the Hutchinson Elementary Girl Scouts for their invitation for a question and answer session to talk about our community and how we related to the environment. Lastly, he thanked Deputy Mayor Potocki, the Eagle Scout and Susan Mutti on the opening of a section of the Highbrook Highline. Board of Trustees Regular Meeting Tuesday, January 14, 2020 Item # 7 – Public Comments Ralph Palma of 15 Fourth Avenue voiced two concerns regarding his neighbors to the south. The first was about a liquid that is actively dripping into his yard and the second is in relation to a building permit his neighbor had to alter his building. Deputy Mayor Potocki hoped to continue the conversation. Jeff Matuzi of 171 Sparks Avenue brought up his worry about speed on Sparks Avenue. The Board of Trustees mentioned pervious actions, including traffic studies, taken to measure and track speed on that road. Board of Trustees Regular Meeting Tuesday, January 14, 2020 Non-Recurring Items Item # 8 – Swearing in for Deputy Mayor Peter Potocki Mayor Mullen swore in Pete Potocki as Deputy Mayor. Board of Trustees Regular Meeting Tuesday, January 14, 2020 Item # 9 – Swearing in for Village Trustee Ciro Greco Mayor Mullen swore in Ciro Greco as a Trustee. Board of Trustees Regular Meeting Tuesday, January 14, 2020 Item # 10 - Resolution Appointing Sustainability Advisory Board Member Resolution Appointing Sustainability Advisory Board Member Whereas, Mark Rookwood of 216 Corona Avenue, tendered his resignation as a member of the Sustainability Advisory Board. Now, therefore, be it resolved, that Gabrielle Sasson of 29 Storer Avenue, is hereby appointed as a member of the Sustainability Advisory Board expiring March 31, 2020, or until such time as a successor is appointed. Vote Record - Item # 10 - Resolution Appointing Sustainability Advisory Board Member Village of Pelham Board of Trustees Regular Meeting Tuesday, January 14, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Second ☒ ☐ ☐ ☐ Amended Trustee Greco ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, January 14, 2020 Item #11 - Resolution Authorizing an Inter-Municipal Agreement between the County of Westchester and the Village of Pelham for the Employee Assistance Program Resolution Authorizing an Inter-Municipal Agreement between the County of Westchester and the Village of Pelham for the Employee Assistance Program Whereas, Westchester County (“County”) administers an Employee Assistance Program (“EAP”) and permits municipalities to participate in said program; and Whereas, the County EAP provides the Village of Pelham with administrative, managerial and referral services for the benefit of all Village employees; and Whereas, the County EAP professional counselors assist employees with psychological and emotional issues, alcohol and substance abuse, legal, credit, housing and other concerns of daily life; and Whereas, the Village has participated in the County EAP for approximately thirteen (13) consecutive years through a series of Inter-Municipal Agreements (“IMA”); and Whereas, the current IMA expired on December 31, 2019 and the County is proposing a successor IMA with a term of five (5) years; and Whereas, the proposed IMA maintains the same cost as the expiring IMA for the term of the agreement, which is $45 per employee per year. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Village Administrator to execute the attached Inter-Municipal Agreement between the County of Westchester and the Village of Pelham for the provision of an Employee Assistance Program for a period of five (5) years commencing retroactively to January 1, 2020 and ending December 31, 2024. Vote Record - Item # 11 - Resolution Authorizing an Inter-Municipal Agreement between the County of Westchester and the Village of Pelham for the Employee Assistance Program Village of Pelham Board of Trustees Regular Meeting Tuesday, January 14, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Second ☒ ☐ ☐ ☐ Amended Trustee Greco Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, January 14, 2020 Item # 12 - Resolution Calling for a Public Hearing on Local Law No. 1 of 2020 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 2020 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, 2020 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 28, 2020 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 # 12 - Resolution Calling for a Public Hearing on Local Law No. 1 of 2020 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c Village of Pelham Board of Trustees Regular Meeting Tuesday, January 14, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Second ☒ ☐ ☐ ☐ Amended Trustee Greco ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, January 14, 2020 Item # 13 – Resolution Approving Request for Vacation Buy-Back Resolution Approving Request for Vacation Buy-Back Whereas, the Mayor and Village Board of Trustees have received a request from Police Lieutenant Danny Green to be paid out for ten (10) unused vacation days from calendar year 2019. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby approves the request submitted by Police Lieutenant Danny Green to be paid out for ten (10) unused vacation days from calendar year 2019 valued at $5,199.00; and Be it further resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Assistant Village Administrator/Village Treasurer to make the following Budget Transfer: From: General Fund Expense Account No. Account Description Amount A.3120.122 Police Department – Compensated Absences $5,199.00 To: General Fund Expense Account No. Account Description Amount A.3120.136.1 Police Department – Vacation Buy Back $5,199.00 Vote Record - Item # 13 - Resolution Approving Request for Vacation Buy-Back Village of Pelham Board of Trustees Regular Meeting Tuesday, January 14, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, January 14, 2020 Item # 14 – Resolution Authorizing Budget Amendment (AIM-Related Payments) Resolution Authorizing Budget Amendment (AIM-Related Payments) Whereas, the Aid and Incentives for Municipalities program provided state aid to all of New York’s cities (other than New York City), and towns and villages in New York State; and Whereas, the 2019-20 enacted New York State Budget eliminated state aid for 1,326 towns and villages where AIM funding represented less than 2% of total expenditures; and Whereas, the Office of the State Comptroller is now required by Chapter 59 of the Laws of 2019 to withhold certain county sales tax revenues and make payments to the impacted towns and villages in the amounts that they had previously received through AIM in State Fiscal Year 2018-19. the State Division of Budget refers to these as “AIM-Related” payments. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Assistant Village Administrator/Village Treasurer as outlined in attached memorandum dated January 9, 2020, to modify the 2019-20 Adopted Budget by making the following budget amendment. Decrease: General Fund Revenue Account No. Account Description Amount A.3001 State Revenue (AIM Funding) ($73,154.00) Increase: General Fund Revenue Account No. Account Description Amount A.2750 AIM-Related Payments $73,154.00 Vote Record - Item # 14 - Resolution Authorizing Budget Amendment (AIM-Related Payments) Village of Pelham Board of Trustees Regular Meeting Tuesday, January 14, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, January 14, 2020 Item # 15 – Updates Regarding Passport Parking and Sustainable Westchester’s ReCollect App Assistant Administrator/Village Treasurer, Chris Scelza updated the Board of Trustees on the status of Passport Parking. Assistant to the Village Administrator, Cara Farrell updated the Board of Trustees on the status of Sustainable Westchester’s recycling app, ReCollect. Board of Trustees Regular Meeting Tuesday, January 14, 2020 Item # 16 – Other Business Trustee Hill-Ries reopened the conversation about opening and planting a community garden in Wolfs Lane Park. She said she’d like to revisit the idea in the coming weeks. Board of Trustees Regular Meeting Tuesday, January 14, 2020 Recurring Items Item # 17 - Authorizing the Accounts Payable Trustee Carpenter 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 $344,499.02 Capital Projects Fund $17,664.00 Trust and Agency Fund $32,172.54 TE Private Purpose Trust Fund $0.00 Grand Total $394,335.56 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 Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, January 14, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, January 14, 2020 Item # 18 - Authorizing the Minutes of August 13, 2019: Vote Record - Item # 18 - Resolution Authorizing the Minutes of August 13, 2019 Village of Pelham Board of Trustees Regular Meeting Tuesday, January 14, 2020 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Greco ☐ ☐ ☒ ☐ ☐Tabled Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☒ ☐ Item # 19 – Adjournment to Executive Session Vote Record - Item # 19 - Resolution Authorizing Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, January 14, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ The Board of Trustees entered into executive session to discuss pending litigation and a personnel matter at 8:55PM.