Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, NOVEMBER 10, 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/701927117 You can also dial in using your phone. United States: +1 (872) 240-3412 Access Code: 701-927-117 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 to cara.farrell@pelhamgov.com # Agenda Items: Non-Recurring Items 8. Presentation on Audited Financial Statement for Fiscal Year 2019-20 by PKF O’Connor Davies, LLP. 9. Resolution Accepting and Filing Audited Financial Statement for Fiscal Year 2019-20 10. Discussion on Pelham House Updates 11. Resolution Authorizing an Inter-Municipal Agreement between the Village of Pelham and the County of Westchester for the Purpose of Mutual Aid and Rapid Response Plan for the Police Departments of Westchester County 12. Resolution Accepting the Pelham Preservation & Garden Society’s Grant for a Leaf Mulching Kit 13. Resolution Closing Village Hall on Thursday, December 10, 2020 for Village Hall Employee Learning and Development Day 14. Resolution Authorizing the Village Administrator to Carry Forward up to Five (5) Vacation Days to the Year 2021 15. Resolution Authorizing the Village Administrator to Amend the Employment Agreements of the Fire Chief and Superintendent of Public Works/Building Inspector to Include Benefits Provided to Non- Represented Employees 16. Other Business Recurring Items 17. Authorizing Accounts Payable 18. Authorizing Minutes of: September 8, 2020, September 22, 2020 & October 13, 2020 19. Adjournment Next Regularly Scheduled BoT Meetings: Tuesday, November 24, 2020 Board of Trustees Regular Meeting Tuesday, November 10, 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 ☒ ☐ ☐ Item # 4 - Trustees’ Report: Trustee Carpenter reminded residents about the recently-formed Council on the Arts. You can find the information to serve on our website: www.pelhamgov.com/mayor-board-trustees/webforms/serve- boardcommittee. Trustee Greco had nothing to report. Trustee Hill-Ries had nothing to report. Trustee Kamal Eldahry gave an update on EnergySmart Homes. She also urged residents to participate in “Photo-Synthesis”, a photography contest for Pelham students under the age of 21 and to sign up for the Climate Smart Communities Task Force www.pelhamgov.com/mayor-board- trustees/webforms/serve-boardcommittee. Trustee Potocki reminded residents that tomorrow is veteran's day, please thank a veteran. He also congratulated the town on a well-run election day. Trustee Spira-Cohen had nothing to report. Item # 5 - Village Administrator’s Report: Village Administrator Small mentioned the historic election as well as the participation our Fire Department had in delivering a baby girl on Fifth Avenue. Board of Trustees Regular Meeting Tuesday, November 10, 2020 Item # 6 - Mayor’s Report: Mayor Mullen reiterated the request for volunteers for the Council on the Arts. He also mentioned the COVID-19 cases have increased to 14, Village-wide. Mayor Mullen continued by sharing the upcoming event information for the Veterans Day Celebration in Veterans Park. Board of Trustees Regular Meeting Tuesday, November 10, 2020 Item # 7 - Public Comments There were no public comments. Board of Trustees Regular Meeting Tuesday, November 10, 2020 Non-Recurring Items Item # 8 - Presentation on Audited Financial Statement for Fiscal Year 2019-20 by PKF O’Connor Davies, LLP. Catherine Rapfogel and Robert Daniele of PKF O’Connor Davies, LLP presented their findings and final reports for the fiscal year ended May 31, 2020. Board of Trustees Regular Meeting Tuesday, November 10, 2020 Item # 9 - Resolution Accepting and Filing Audited Financial Statement for Fiscal Year 2019-20 Resolution Accepting and Filing Audited Financial Statement for Fiscal Year 2019-20 Whereas, PKF O’Connor Davies, LLP has submitted final reports for the fiscal year ended May 31, 2020. 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, 2020 prepared by PKF O’Connor Davies LLP are hereby accepted and ordered to be filed with the Village Clerk pursuant to New York State Village Law § 4-408 (e). Vote Record - Item #9 – Resolution Accepting and Filing Audited Financial Statement for Fiscal Year 2019-20 Village of Pelham Board of Trustees Regular Meeting Tuesday, November 10, 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 Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, November 10, 2020 Item # 10 - Discussion on Pelham House Updates Patrick Normoyle, Mark Reed, David Kramer represented the Pelham House Project in addition to Mayor Mullen’s modified version of March 10, 2020’s full presentation. These Downtown Revitalization Project presentations can be found online at https://www.pelhamgov.com/mayor-board- trustees/news/downtown-revitalization-project. Rich Heller of 4 Benedict Place requested clarification on the height of the Pelham House Project relative to the houses on Fourth Avenue Board of Trustees Regular Meeting Tuesday, November 10, 2020 Item # 11 - Resolution Authorizing an Inter-Municipal Agreement between the Village of Pelham and the County of Westchester for the Purpose of Mutual Aid and Rapid Response Plan for the Police Departments of Westchester County Resolution Authorizing an Inter-Municipal Agreement between the Village of Pelham and the County of Westchester for the Purpose of Mutual Aid and Rapid Response Plan for the Police Departments of Westchester County Whereas, pursuant to New York State General Municipal Law § 209-M, municipal police departments may answer calls for service outside of their municipal boundaries when requested; and Whereas, to ensure a synchronized response, the Westchester County Department of Public Safety has instituted a Mutual Aid Plan to organize, supervise and coordinate both cooperative and reciprocal assistance in which personnel, equipment and physical facilities of all participating departments; and Whereas, the Village of Pelham has been party to an existing Mutual Aid Agreement with the County of Westchester for many years; and Whereas, the current agreement expired as of July 30, 2020 and the County of Westchester has proffered an updated agreement and sent it to the Village of Pelham for its consideration for a term of five-years commencing on July 31, 2020 through July 30, 2025. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham authorizes the Mayor to execute an inter-municipal agreement with the County of Westchester providing for its continued participation in the Mutual Aid and Rapid Response Plan pursuant to New York State General Municipal Law § 209-M. Vote Record - Item #11 – Resolution Authorizing an Inter-Municipal Agreement between the Village of Pelham and the County of Westchester for the Purpose of Mutual Aid and Rapid Response Plan for the Police Departments of Westchester County Village of Pelham Board of Trustees Regular Meeting Tuesday, November 10, 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, November 10, 2020 Item # 12 - Resolution Accepting the Pelham Preservation & Garden Society’s Grant for a Leaf Mulching Kit Resolution Accepting the Pelham Preservation & Garden Society’s Grant for a Leaf Mulching Kit Whereas, after discussions of Village of Pelham budgetary constraints, the Pelham Preservation & Garden Society approved a grant to assist in the new onsite leaf mulching initiative; Whereas, on October 19, 2020, the Pelham Preservation & Garden Society announced the grant approval for the purchase of a leaf mulching kit to be used with the 72” Toro mower. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein accepts a check in the amount of $1,116.04 from Pelham Preservation & Garden Society to assist in the new onsite leaf mulching initiative; and Be it further resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Assistant Village Administrator/Village Treasurer to make the following amendment to the Fiscal Year 2020-21 Budget: Increase: (A) General Fund Revenue Account No. Account Description Amount A.2705 Gifts and Donations $1,116 Increase: (A) General Fund Expense Account No. Account Description Amount A.7110.201 Parks & Equipment $1,116 Vote Record - Item 12 – Resolution Accepting the Pelham Preservation & Garden Society’s Grant for a Leaf Mulching Kit Village of Pelham Board of Trustees Regular Meeting Tuesday, November 10, 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 ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, November 10, 2020 Item # 13 - Resolution Closing Village Hall on Thursday, December 10, 2020 for Village Hall Employee Learning and Development Day Resolution Closing Village Hall on Thursday, December 10, 2020 for Village Hall Employee Learning and Development Day Whereas, learning and training opportunities are important to employee cohesion, efficiency, and productivity; and Whereas, the Village Board of Trustees recognizes the importance of cultivating a team environment; and Whereas, the Employee Learning and Development Day will be designed to provide career and personal enrichment which may include various training offerings, a review of events, office procedures and processes, identification of areas for improvement, and goals for the administration; and Whereas, it is recommended the Village Board of Trustees authorize the closing of Village Hall on Thursday, December 10, 2020 for the Village Hall Employee Learning and Development Day. Now, therefore, be it resolved, that Village Hall will be closed on Thursday, December 10, 2020 for the Village Hall Employee Learning and Development Day. Vote Record - Item #13 - Resolution Closing Village Hall on Thursday, December 10, 2020 for Village Hall Employee Learning and Development Day Village of Pelham Board of Trustees Regular Meeting Tuesday, November 10, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, November 10, 2020 Item # 14 - Resolution Authorizing the Village Administrator to Carry Forward up to Five (5) Vacation Days to the Year 2021 Resolution Authorizing the Village Administrator to Carry Forward up to Five (5) Vacation Days to the Year 2021 Whereas, on October 23, 2018, the Village Board of Trustees appointed Omar T. Small to serve as Village Administrator; and Whereas, Section 5 of the employment agreement executed by the Village of Pelham and Mr. Small allows him upon consent of the Village Board to cash out a maximum of five (5) vacation days or carry forward a maximum of five (5) vacation days; and Whereas, due to personal preferences and work-related challenges which include the response to natural and health related emergencies including Tropical Storm Isaias and the COVID-19 global pandemic, Mr. Small would like to carry forward up to five (5) vacation days to the year 2021. Now, therefore, be it resolved, that the Village Administrator is authorized to carry forward up to five (5) vacation days to the year 2021. Vote Record - Item #14 - Resolution Authorizing the Village Administrator to Carry Forward up to Five (5) Vacation Days to the Year 2021 Village of Pelham Board of Trustees Regular Meeting Tuesday, November 10, 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, November 10, 2020 Item # 15 - Resolution Authorizing the Village Administrator to Amend the Employment Agreements of the Fire Chief and Superintendent of Public Works/Building Inspector to Include Benefits Provided to Non-Represented Employees Resolution Authorizing the Village Administrator to Amend the Employment Agreements of the Fire Chief and Superintendent of Public Works/Building Inspector to Include Benefits Provided to Non-Represented Employees Whereas, the Village Board of Trustees adopted the Employee Handbook on June 10, 2014: and Whereas, it was recommended that benefits for all Non-Represented Employees should be defined and where possible be uniform across the Non-Represented Group: and Whereas, the Village Board of Trustees amended the Employee Handbook on December 10, 2019 to include a Section for Non-Union Compensation and Benefits; and Whereas, the benefits include bereavement leave, payment in-lieu of health insurance, vacation cash in option, and personal leave; and Whereas, the employee agreements for the Fire Chief and Superintendent of Public Works/Building Inspector has language that does not allow them to partake in the benefits intended for all Non- Represented Employees, and Whereas, it is recommended that the Village Administrator be authorized to amend the agreements of the Fire Chief and Superintendent of Public Works/Building Inspector employee agreements to include benefits for Non-Represented Employees approved by the Village Board of Trustees on December 10, 2019. Now, therefore, be it resolved, that the Mayor and the Village Administrator is authorized to amend the employment agreements of the Fire Chief and Superintendent of Public Works/Building Inspector to include benefits provided to Non-Represented Employees. Vote Record - Item #15 - Resolution Authorizing the Village Administrator to Amend the Employment Agreements of the Fire Chief and Superintendent of Public Works/Building Inspector to Include Benefits Provided to Non-Represented Employees Village of Pelham Board of Trustees Regular Meeting Tuesday, November 10, 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 ☐ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, November 10, 2020 Item # 16 – Other Business There was a discussion on potential amendments to Chapter 93 (Trees) of the Code of the Village of Pelham. Board of Trustees Regular Meeting Tuesday, November 10, 2020 Recurring Items Item # 17 - Authorizing the Accounts Payable Trustee Carpenter 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 $74,476.79 Trust & Agency Fund $8,950.87 Grand Total $83,427.66 Be it further resolved, that the Village Board of Trustees 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, November 10, 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 ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, November 10, 2020 Item # 18 - Authorizing Minutes: Vote Record - Item # 18a - Resolution Authorizing Minutes of September 8, 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, November 10, 2020 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☐ ☐ ☐ ☐ Amended Trustee Greco ☐ ☐ ☐ ☐ ☒Tabled Trustee Hill-Ries ☐ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☐ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☐ Vote Record - Item # 18b - Resolution Authorizing Minutes of September 22, 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, November 10, 2020 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☐ ☐ ☐ ☐ Amended Trustee Greco ☐ ☐ ☐ ☐ ☒Tabled Trustee Hill-Ries ☐ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☐ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☐ Vote Record - Item # 18c - Resolution Authorizing Minutes of October 13, 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, November 10, 2020 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☐ ☐ ☐ ☐ Amended Trustee Greco ☐ ☐ ☐ ☐ ☒Tabled Trustee Hill-Ries ☐ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☐ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☐ Item # 19 – Adjournment to Executive Session Vote Record - Item # 19 - Adjournment Village of Pelham Board of Trustees Regular Meeting Tuesday, November 10, 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 ☒ ☐ ☐ ☐ The public portion of the Board of Trustees meeting was adjourned at 10:00 PM to enter into Executive Session to discuss three personnel matters and the potential sale of Village land. After which time, the Board of Trustees would adjourn for the evening.