Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JANUARY 28, 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. Discussion on Proposed Girl Scout Gold Project – Pollinator Garden at the Highbrook Highline 9. Presentation on 2020 Census by Westchester County Planning Department 10. Public Hearing on Local Law No. 1 of 2020 to Override the Real Property Tax Levy Limit Established in General Municipal Law § 3-c 11. Resolution Adopting Local Law No. 1 of 2020 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c 12. Resolution Authorizing the Use of Village Streets and Assistance for Traffic Control for the Annual Pelham Little League Parade on Saturday, April 18, 2020 13. Resolution Authorizing Letter of Intent to Participate with Westchester County Office of Emergency Management Hazard Mitigation Plan Update 14. Discussion Regarding FY2020-21 Budget Process 15. Other Business - Resolution Authorizing Letter of Engagement with McCarthy Fingar, LLP., Discussion on Fire Captain Position Recurring Items 16. Authorizing Accounts Payable 17. Authorizing Minutes of: September 10, 2019 18. Adjournment to Executive Session Next Regularly Scheduled BOT Meetings: Tuesday, February 11, 2020 Tuesday, February 25, 2020 All meetings start at 7:30 PM unless otherwise noted. *The agenda is subject to change* Board of Trustees Regular Meeting Tuesday, January 28, 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 (via phone call) ☒ ☐ ☐ Village Administrator Small ☒ ☐ ☐ Asst. Village Administrator Scelza ☒ ☐ ☐ Asst. to the Village Admin. Farrell ☒ ☐ ☐ Trustees’ Report: Trustee Carpenter gave an update on the SAFER grant and gave details regarding physical tests and the hiring of two candidates. Trustee Greco said he and Deputy Mayor Potocki assisted a homeowner’s complaint. Trustee Hill-Ries mentioned the Junior League of Pelham grant opportunities to local non-profits. Trustee Kamal Eldahry thanked Fiona Watt for participating with the Sustainability Advisory Board discussing the state of our community’s tree canopy. Trustee Potocki followed up on what Trustee Greco said about assisting in the communication between neighboring residents. Trustee Spira-Cohen thanked Joe Durnin, American Legion Pelham Post 50, and the Pelham Jewish Center for organizing an event about Holocaust survivors. She also reported the police department’s upcoming DARE program at Hutchinson and Colonial Schools. Village Administrator’s Report: Village Administrator Small said the SSES RFQ has been posted and submissions are due February 24, 2020. He also mentioned his communication with MTA about their facility and the ability of installing EV charging stations in their lot. Board of Trustees Regular Meeting Tuesday, January 28, 2020 Mayor’s Report Mayor Mullen announced New York State’s upcoming budget forum on their proposed 2021 budget in Yonkers, Thursday, February 6th, 4:30 to 7:30PM. He also congratulated the Pelham Art Center on celebrating their 50th anniversary. Mayor Mullen mentioned he will attend a forum hosted by the Department of Planning at Westchester County that is intended to brief local officials on a housing needs assessment. Lastly, the Mayor responded to a resident complaint about the speed on Sparks Avenue westbound. He said there is a speed counter up, and looked at a report from May 2018 stating the averages of people going about 25 miles an hour westbound and about 17 miles an hour eastbound. Board of Trustees Regular Meeting Tuesday, January 28, 2020 Item # 7 – Public Comments Ruben Guerrero from Momentum Realty Acquisitions, the developers of 139, 5th Avenue provided an update on where we stand with the proposed plans for the mixed-use building at 139 Fifth Avenue. The last time that we were in front of the Board of Trustees, there were a couple of issues that remained open and needed to be addressed before the resolution to formally approve the project would be voted on. Board of Trustees Regular Meeting Tuesday, January 28, 2020 Non-Recurring Items Item # 8 – Discussion on Proposed Girl Scout Gold Project – Pollinator Garden at the Highbrook Highline Caroline Michailoff, a tenth grader at Pelham High School presented her Girl Scout Goal Award Service Project which is to educate the community about our dependence on pollinators and the loss of their habitat. She’s working to plant gardens in the community to attract pollinators like butterflies and bees, which are essential to our ecosystem. After communicating with Susan Mutti, Caroline hopes to plant a garden on the Highbrook Highline. Mayor Mullen said they’d have to look around with the Superintendent of Public Works and hopefully find a location on the Highbrook Highline. Board of Trustees Regular Meeting Tuesday, January 28, 2020 Item # 9 – Presentation on 2020 Census by Westchester County Planning Board Ted Leimbach from the Westchester County Department of Planning presented on the 2020 Census. Board of Trustees Regular Meeting Tuesday, January 28, 2020 Item # 9B – Resolution Calling for a Public Hearing on the Amended Site Plan Application of the Applicant: Elk Homes for 8 Boulevard West Resolution Calling for a Public Hearing on the Amended Site Plan Application of the Applicant: Elk Homes for 8 Boulevard West Whereas, on November 7, 2019, the applicant: Elk Homes submitted an Amended Site Plan Application to the Building Inspector; and Whereas, on November 12, 2019, the Board of Trustees of the Village of Pelham discussed the 8 Boulevard West Amended Site Plan Application and referred the applicant to the Planning Board and Architecture Review Board; and Whereas, on November 18, 2019, the applicant was before the Village of Pelham Planning Board; and Whereas, on January 15, 2020, the remedial submission by Elk Homes to the Architectural Review Board was deemed insufficient and denied; Whereas, on January 28, 2020, the applicant presented their Amended Site Plan Application to the Board of Trustees of the Village of Pelham; Now therefore be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, February 11, 2020 at 7:30 p.m. or soon thereafter at Village Hall, 195 Sparks Avenue, Pelham NY 10803 to consider the Amended Site Plan Application of Applicant: Elk Homes for 8 Boulevard West. Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing pursuant to Village Law. Vote Record- Item #9B – Resolution Calling for a Public Hearing on the Amended Site Plan Application of the Applicant: Elk Homes for 8 Boulevard West Village of Pelham Board of Trustees Regular Meeting Tuesday, January 28, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal-Eldahry Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Spira-Cohen ☐ ☐ ☐ ☒ Trustee Greco ☒ ☐ ☐ ☐ Gary Hirsch and Joe Forte of 8 Boulevard West presented modifications to their building per the request of the Architectural Review Board. Mayor Mullen requested a sample of the potential fence color change. Board of Trustees Regular Meeting Tuesday, January 28, 2020 Item # 11 - Public Hearing on Local Law No. 1 of 2020 to Override the Real Property Tax Levy Limit Established in General Municipal Law § 3-c Vote Record - Item # 10A – Motion to Open the 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 28, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Greco ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Vote Record - Item # 10A – Motion to Close the 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 28, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Greco ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Board of Trustees Regular Meeting Tuesday, January 28, 2020 Item #12 - Resolution Adopting Local Law No. 1 of 2020 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c Resolution Adopting 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”) and; Whereas, a notice of public hearing was duly advertised in the Journal News, the official newspaper of the Village of Pelham; and Whereas, said public hearing was held on January 28, 2020 at or about 7:30 p.m. at Village Hall, 195 Sparks Avenue, Pelham, NY and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said to proposed local law or any part thereof. Now, therefore, be it resolved, as follows: 1. The Board of Trustees hereby adopts Local Law No. 1 of 2020 of the Village of Pelham which allows 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; 2. The Board of Trustees directs the Village Clerk to prepare said Law for filing with the Secretary of State. Vote Record - Item # 11 - Resolution Adopting 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 28, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Greco Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Board of Trustees Regular Meeting Tuesday, January 28, 2020 Item # 13 - Resolution Authorizing the Use of Village Streets and Assistance for Traffic Control for the Annual Pelham Little League Parade on Saturday, April 18, 2020 Resolution Authorizing the Use of Village Streets and Assistance for Traffic Control for the Annual Pelham Little League Parade on Saturday, April 18, 2020 Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the use of Village streets and assistance for traffic control for the Annual Pelham Little League Parade on Saturday, April 18, 2020, with streets closed from 8:00 a.m. to 11:00 a.m., for the parade to take place from 8:30 a.m. to 10:30 a.m. on Fifth Avenue from Lincoln Avenue through Wolfs Lane to the High School, with a staging area on Third Street between Fourth Avenue and Seventh Avenue; and Be it further resolved, that the Little League Organization will be responsible for all Village of Pelham overtime costs and all other direct costs that are incurred by this event including appropriate insurance requirements; and Be it further resolved, that the Village Administrator, Police Chief, Fire Chief and Superintendent of Public Works are authorized to take the necessary and appropriate actions to implement the plan and make arrangements for this parade. Vote Record - Item # 12 - Resolution Authorizing the Use of Village Streets and Assistance for Traffic Control for the Annual Pelham Little League Parade on Saturday, April 18, 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, January 28, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Greco Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Board of Trustees Regular Meeting Tuesday, January 28, 2020 Item # 14 – Resolution Authorizing Letter of Intent to Participate with Westchester County Office of Emergency Management Hazard Mitigation Plan Update Resolution Authorizing Letter of Intent to Participate with Westchester County Office of Emergency Management Hazard Mitigation Plan Update Whereas, Westchester County has been awarded a Federal Emergency Management Agency grant to update their existing Hazard Mitigation Plan; and Whereas, Westchester County has invited all municipalities within the County to participate in its Hazard Mitigation Plan update which will fulfill the program’s regulatory plan update requirement for municipalities; and Whereas, the Hazard Mitigation Plan serves two primary functions: (1) to identify the risks and hazards in the community and mitigation goals, objectives and actions to reduce damage from future natural hazards most likely to occur and (2) to establish eligibility for all federal mitigation grant funding for public and private mitigation projects; and Whereas, in accordance with the Federal Emergency Management Agency Hazard Mitigation Plan program requirements, all existing Hazard Mitigation Plan’s must be reviewed, updated as needed and re-adopted by Federal Emergency Management Agency and the local elected body on a five-year basis; and Whereas, in order to participate in the Westchester County Plan, the Village must submit a letter of intent to the Westchester County Office of Emergency Management. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Village Administrator to execute a letter of intent to participate in Westchester County’s Hazard Mitigation Plan update. Vote Record - Item # 13 - Resolution Authorizing Letter of Intent to Participate with Westchester County Office of Emergency Management Hazard Mitigation Plan Update Village of Pelham Board of Trustees Regular Meeting Tuesday, January 28, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Greco ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Board of Trustees Regular Meeting Tuesday, January 28, 2020 Item # 15 – Discussion Regarding Fiscal Year 2020-21 Budget Process Assistant Village Administrator/ Village Treasurer, Chris Scelza presented potential dates for the budget meetings and they discussed deadlines. Board of Trustees Regular Meeting Tuesday, January 28, 2020 Item # 16 - Other Business Resolution Authorizing Letter of Engagement with McCarthy Fingar, LLP. 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 and Fee Agreement between the Village of Pelham and McCarthy Fingar LLP., to provide legal services in connection with Article 78 Index No. 50126/20 re: AAA Carting and Rubbish Removal; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary steps to effectuate the intent of this resolution. Vote Record - Item # 15 - Resolution Authorizing Letter of Engagement with McCarthy Fingar, LLP Village of Pelham Board of Trustees Regular Meeting Tuesday, January 28, 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 ☐ ☐ ☐ ☒ Board of Trustees Regular Meeting Tuesday, January 28, 2020 Recurring Items Item # 17 - Authorizing the Accounts Payable Trustee Greco 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 Assistant Village Administrator/Village Treasurer: Fund Name: Amount General Fund $323,577.46 Capital Projects Fund $0.00 Trust and Agency Fund $1,200.00 TE Private Purpose Trust Fund $1,228.35 Grand Total $326,005.81 Be it further resolved, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Vote Record - Item # 16 - 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 Motion ☒ ☐ ☐ ☐ Amended Trustee Greco Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Board of Trustees Regular Meeting Tuesday, January 28, 2020 Item # 18 - Authorizing the Minutes of September 10, 2019: Vote Record - Item # 17 - Resolution Authorizing the Minutes of August 13, 2019 Village of Pelham Board of Trustees Regular Meeting Tuesday, January 28, 2020 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Greco ☐ ☐ ☒ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Item # 19 – Adjournment to Executive Session Vote Record - Item # 18 - Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Tuesday, January 28, 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 ☐ ☐ ☐ ☒ The public portion of the Board of Trustees meeting was adjourned at 9:30 PM to enter into Executive Session to discuss personnel matter and get an update on negotiations. After which time, the Board of Trustees would adjourn for the evening. Respectfully submitted, Cara R. Farrell, Secretary to the Village Administrator