Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JUNE 23, 2020, 7:30 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY 10803 Pursuant to Executive Order 202.1 issued by Governor Andrew Cuomo on March 12, 2020, all in-person public access to Village Board of Trustees Meeting is suspended. Each Village Trustee will participate remotely either by video or telephone via GoToMeeting. Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/893580413 You can also dial in using your phone. United States: +1 (786) 535-3211 Access Code: 893-580-413 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/893580413 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 EMAIL COMMENTS/QUESTIONS CARA.FARRELL@PELHAMGOV.COM # Agenda Items: Non-Recurring Items 8. Discussion on Executive Order No. 203: NYS Police Reform & Reinvention Collaborative 9. Resolution Re-Appointing Sustainability Advisory Board Members 10. Resolution Authorizing the Creation of a General Fund Account for COVID-19 Response 11. Resolution Authorizing the Execution of a Memorandum of Agreement with the Pelham Police Benevolent Association, Inc. (June 1, 2018 to May 31, 2021) 12. Other Business Recurring Items 13. Authorizing Accounts Payable 14. Authorizing Minutes of: May 26, 2020 15. Adjournment (to Executive Session) Next Regularly Scheduled BOT Meetings: Tuesday, July 14, 2020 (Summer Schedule) Tuesday, August 11, 2020 (Summer Schedule) All meetings start at 7:30 PM unless otherwise noted. Board of Trustees Regular Meeting Tuesday, June 23, 2020 *The agenda is subject to change* Item # 1 – Meeting called to order Mayor Mullen called the meeting to order at 7:35 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 wished Fire Chief, Jim DiNapoli a happy birthday. Trustee Greco said he, Trustee Hill-Ries and Village Administrator Small met with Anthony Oliveri and Dolph Rotfeld, of Dolph Rotfeld Engineering, Division of AI Engineers, Inc. P.C. in reference to how to proceed and what to look for regarding the funding we received for the Sanitary Sewer Evaluation Study. He said he will have updates on this project moving forward. Trustee Hill-Ries mentioned today’s the beginning of Phase III of the Governor’s Reopening Plan and urged residents to enjoy and support our restaurants and to utilize the outdoor seating throughout the summer while practicing social distancing. Trustee Kamal Eldahry had nothing to report. Trustee Potocki thanked Police Chief, Jason Pallett, for his letter to the community spelling out the changes made by the Department in recent years. He recommended residents read it to better understand our Police Department policies. [The letter can be found here: https://tinyurl.com/yy42j7sj] Deputy Mayor Potocki also said our officers are the same people we cheered for during the nightly seven o’clock parade. Trustee Spira-Cohen had nothing to report. Village Administrator’s Report Village Administrator Small also mentioned the meeting with AI Engineering and said they’re coming back to the Board of Trustees next month to go over the numbers and progress. He also received an Board of Trustees Regular Meeting Tuesday, June 23, 2020 update from the Fire Chief that the fire academy is scheduled for August 31, 2020 which is a requirement for the recent recruits to be put into rotation. He also said he spoke with Superintendent of Public Works about potholes and tree trimming. Mayor’s Report Mayor Mullen also mentioned the beginning of Phase III of the Governor’s Reopening Plan and that our restaurants can begin a limited capacity of indoor seating and gatherings have increased to a maximum of 25 people. He said it is still important to wear masks and practice social distancing. He read a letter he received from the Village of Bronxville Mayor, Mary C. Marvin, from June 3, 2020 regarding our Police Department’s mutual aid call to the Village of Bronxville yesterday in reference to a rally, thanking the Village for the professional competent officers that were shared when needed Mayor Mullen announced tonight is the last night for early voting for the New York State Primary Election. He urged people to vote. He also said there will be a farmer’s market at the former Capital One Site (200 Fifth Avenue) on June 28 from 10AM to 2PM and urged residents to attend. He said they’re hopeful this will be a summer-long event, adding vendors along the way. Board of Trustees Regular Meeting Tuesday, June 23, 2020 Item # 7 – Public Comments Susan Mutti, of Connecticut represented the Friends of the Highbrook Highline and read a letter regarding reimbursement for plantings in the amount of $344.00 and general maintenance involving the Village’s contribution to the Highbrook Highline. A discussion was held, and the Board of Trustees mentioned the spending freeze and a letter written by Village Administrator Small disclosing the role of our Department of Public Works (DPW) in relation to parks. Deputy Mayor Potocki mentioned the process by which bills are paid and reimbursements are cataloged. He also said that the Friends of the Highbrook Highline were previously made aware of this process and that any volunteer work is appreciated, but not reimbursable by the Village. Trustee Greco said he appreciates the work the Scouts have been doing in that area and stands behind Village Administrator Small’s letter in response to Ms. Mutti. Trustee Carpenter continued by saying the maintenance of our parks normally doesn’t rise to the level of a Board of Trustee action. Trustee Hill-Ries has been working on this project with Ms. Mutti. She reiterated the Board of Trustees’ interest in creating a beautiful space. She said there have been many other projects and priorities, and that this is a noticeable work in progress. Trustee Kamal Eldahry agreed that there have been other items which have taken priority recently, though this park has and will continue to benefit our community. Trustee Spira-Cohen echoed others’ opinions and mentioned Ms. Mutti and others, who have been working on the transformation, may notice more than residents who are less involved. Mayor Mullen ended the conversation by giving notice and submitting a request. He said Trustee Hill- Ries and DPW Superintendent Senerchia will look at the budget to see if we can resolve this issue. Shaun Briedbart of 336 Eighth Avenue asked about renaming Wolfs Lane Park. Mayor Mullen said he’s interested in it and they’ll have to go over the process in the near future. Dan Welsh, Program Director of Westchester Power presented and update on Sustainable Westchester’s Community Choice Aggregation (CCA) Program Renewal. He said a draft and a final Memorandum of Understanding will be sent to the Village for continued participation. Maryanne Joyce of 142 Nyac Avenue shared the Sustainability Advisory Board’s (SAB) fourth event under the Sustainability Series tomorrow, June 24 at 7:30 PM. They are presenting on Ecobeneficial Landscaping. On June 30th from 12-1PM there will be a presentation by Sustainable Westchester, Rye Sustainability and our SAB entitled “Cook, eat clean, spilling the beans on a zero-waste kitchen”. Information for both events can be found on Pelham’s Sustainability Advisory Board’s Facebook Page. She also mentioned the street tree location project which the SAB is interested in undertaking. Ms. Joyce continued to say the sidewalks on Wolfs Lane are tough to navigate due to outdoor dining. She suggested we mark pedestrian walkways along the curb. She also recommended people see the Pelham Art Center’s outdoor exhibit entitled “Pelham Laundry”. Board of Trustees Regular Meeting Tuesday, June 23, 2020 Trustee Spira-Cohen read aloud a letter from the Progressive Women of Pelham regarding transparency and accountability and police policy reform and police hiring practices. She noted this a popular way systemic racism surfaces, but it’s not the only way. Trustee Greco said, to investigate properly, more than an anonymous quote is required. He said the Village will protect the identity of the individual who comes forward with this type of allegation as it can be scary. Trustee Hill-Ries asked how the police departments in Pelham and Pelham Manor compare in reference to these areas. Mayor Mullen noted Pelham Manor is a council-manager form of government and Pelham falls between a council-manager and a mayor-council form of government. He said we have already begun policy review. Mayor Mullen said the New York State Governor issued an Executive Order mandating every local government to engage in a process with the community to review policies and procedures relating to local policing. The second mandate states that by April 2021 all municipalities must have something ratified and sent to New York State. This work will be done alongside Westchester County as they organize and run the Police Academy and regulate the eligibility list from which we hire. The County is going to assist us in understanding the contours of the Executive Order from the Governor. They’re also creating a working group for the Police Academy to look at potential reforms and training which will be a public process. Lastly, the County will hold a community forum with the Human Rights Commission. These actions will lead the further discussion regarding the Progressive Women of Pelham’s letter. Mayor Mullen said he is focused on creating trust and discussed how this will look in Pelham. Deputy Mayor Potocki mentioned his meeting with Chief Pallett to discuss the “Eight Can’t Wait” motto for policing. Chief Pallett said his Department already has seven out of the eight in place, not to say they can’t be improved, but he is confident in our current policy. Mayor Mullen said he is creating a working group consisting of himself, Village Administrator Small and Chief Pallett and community members to work on these mandates. He’s not sure of timing or a public forum as of yet. The County will provide guidance to us on this group’s progression. Trustee Kamal Eldahry agreed there is always work to be done and that we are not immune from racism. She said this is a great way to re-open this dialogue. Trustee Carpenter added to Trustee Greco’s point on seeing something and saying something. He said the best way is to reach out to a Village Staff member, not to simply complain on social media, so we can act on information. Board of Trustees Regular Meeting Tuesday, June 23, 2020 Non-Recurring Items Item # 8 – Discussion on Executive Order No. 203: NYS Police Reform & Reinvention Collaborative Mayor Mullen reiterated the Executive Order issued by the New York State Governor which mandates every municipality to engage in a process with the community to review policies and procedures relating to local policing. The second mandate states that by April 2021 all municipalities must have something ratified and sent to New York State. Board of Trustees Regular Meeting Tuesday, June 23, 2020 Item #9 – Resolution Re-Appointing Sustainability Advisory Board Members Resolution Re-Appointing Sustainability Advisory Board Members Whereas, via resolution dated March 27, 2018 (attached), the Village Board of Trustees adopted Local Law No. 3 of 2018 creating a Sustainability Advisory Board. The purpose of the Sustainability Advisory Board is to prioritize goals, develop programs, and recommend policy, legislation, and code amendments that encourage and contribute to the environmental, social and economic sustainability of the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s re-appointments based on the recommendations of the Sustainability Advisory Board Selection Committee of the following individuals to the Sustainability Advisory Board: Name Length of Term Term Expires Yenna Chen 2 Year Term 2022 Heather Eliezer 2 Year Term 2022 Gabrielle Sasson 2 Year Term 2022 Thomas White 2 Year Term 2022 Vote Record - Item #9 - Resolution Appointing Sustainability Advisory Board Members Village of Pelham Board of Trustees Regular Meeting Tuesday, June 23, 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 Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ This is a housekeeping item for the Sustainability Advisory Board under §7-2 in the Code of the Village of Pelham. Board of Trustees Regular Meeting Tuesday, June 23, 2020 Item # 10 – Resolution Authorizing the Creation of a General Fund Account for COVID-19 Response Resolution Authorizing the Creation of a General Fund Account for COVID-19 Response Whereas, on or about March 13, 2020, President Trump declared a national emergency regarding the outbreak of the COVID-19 virus; and Whereas, on or about March 20, 2020, President Trump issued a major disaster declaration for New York State allowing for reimbursement of certain expenses from January 20, 2020 going forward; and Whereas, it is anticipated that the Village will incur disaster related expenses for several months with undetermined costs at this time; and Whereas, the creation of a common general fund account to track such expenses will facilitate tracking and reporting of disaster related expenses. Now, therefore be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Assistant Village Administrator/Village Treasurer to modify the 2020-21 General iFund Budget by creating accounts under the “A.8760 Emergency Disaster Work” series, to be funded by a budget transfer in September 2020. Vote Record - Item #10 - Resolution Authorizing the Creation of a General Fund Account for COVID-19 Response Village of Pelham Board of Trustees Regular Meeting Tuesday, June 23, 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 ☒ ☐ ☐ ☐ Trustee Carpenter asked when we would start submitting expenses of year to date. Village Administrator Small answered by saying immediately and that it’s ongoing. Board of Trustees Regular Meeting Tuesday, June 23, 2020 Item # 11 – Resolution Authorizing the Execution of a Memorandum of Agreement with the Pelham Police Benevolent Association, Inc. (June 1, 2018 to May 31, 2021) Resolution Authorizing the Execution of a Memorandum of Agreement with the Pelham Police Benevolent Association, Inc. (June 1, 2018 to May 31, 2021) Whereas, the Village of Pelham (“Village”) and Pelham Police Benevolent Association, Inc. (“PBA”) are parties to a Collective Bargaining Agreement that expired on May 31, 2018; and Whereas, changes to the terms and conditions of employment were agreed upon by the parties and placed in the form of a Memorandum of Agreement dated June 17, 2020 (attached hereto and made apart hereof); and Whereas, the membership of the PBA approved the terms and conditions contained in the Memorandum of Agreement; and Whereas, the Memorandum of Agreement between the Village and the PBA regarding the terms and conditions of employment for the period of June 1, 2018 through and including May 31, 2021 is being presented for approval by the Village Board of Trustees. Now, therefore, be it resolved, that the Memorandum of Agreement between the Village and the PBA dated June 17, 2020 regarding the terms and conditions of employment for the period of June 1, 2018 through May 31, 2021 is hereby approved; and Be it further resolved, that the Mayor and Village Administrator are hereby authorized to execute a Memorandum of Agreement for the period of June 1, 2018 through May 31, 2021 between the Village and the PBA incorporating the terms and conditions of said Memorandum of Agreement. Vote Record - Item #11 - Resolution Authorizing the Execution of a Memorandum of Agreement with the Pelham Police Benevolent Association, Inc. (June 1, 2018 to May 31, 2021) Village of Pelham Board of Trustees Regular Meeting Tuesday, June 23, 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 Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Mayor Mullen thanked Village Administrator Small and the Pelham Police Benevolent Association, Inc. for their work on this. Board of Trustees Regular Meeting Tuesday, June 23, 2020 Item # 12 – Other Business Trustee Hill-Ries mentioned a request from Tig & Peach of 125 Wolfs Lane to use space in Wolfs Lane Park to teach toddler classes starting in July. As long as it doesn’t violate the Governor’s Executive Orders it should be fine. Trustee Spira-Cohen thanked Village Administrator Small for the priority-based Lincoln Avenue Walking Assessment write up. The priorities include better-timed and synchronized lights on Lincoln Avenue and additional turning lanes, ADA-compliant curb cuts, crosswalks and crosshatching at Lincoln Avenue and Third Avenue, Hutchinson School and Lincoln Avenue and Fifth Avenue and the delineation of signage particularly around Lincoln Avenue and First Avenue. Some of this is integrated into the County’s Resurfacing Project and other parts are included in the Lincoln Avenue. Trustee Hill-Ries suggested where Highbrook meets Lincoln Avenue could be looked at too. Trustee Carpenter asked if there is communication between the NYS DOT and Westchester County on their respective projects and if the ADA-compliant intersections are included in the County’s work. Trustee Spira-Cohen said that is included. Board of Trustees Regular Meeting Tuesday, June 23, 2020 Recurring Items Item # 13 - Authorizing the Accounts Payable Trustee Spira-Cohen 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 $141,854.35 Grand Total $141,854.35 Be it further resolved, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Vote Record - Item # 13 - Resolution Authorizing Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, June 23, 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 ☒ ☐ ☐ ☐ The Accounts Payable was approved as amended based of the removal of one bill in the amount of $17,363.50. Board of Trustees Regular Meeting Tuesday, June 23, 2020 Item # 14 - Authorizing Minutes of May 26, 2020 Vote Record - Item # 14 - Authorizing Minutes of May 26, 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, June 23, 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 ☒ ☐ ☐ ☐ Item # 15 – Adjournment to Executive Session Vote Record - Item # 15 – Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Tuesday, June 23, 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 ☒ ☐ ☐ ☐ The public portion of the Regular Board Meeting was adjourned at 9:50 pm to enter into Executive Session to discuss two personnel matters. After which time the Board of Trustees would adjourn for the evening. Respectfully submitted, Cara R. Farrell, Assistant to the Village Administrator