Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MONDAY, NOVEMBER 25, 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. Discussion on Tree Legislation 9. Discussion on EV Technology 10. Resolution Authorizing the Award of Contract # 2019-03 Garbage, Trash (Bulk), Recycling and Organic Waste Collection (bid deadline and opening 11/08/19, 11:00 a.m.) 11. Resolution Authorizing the Village-Wide Bagging of Short-Term 2 or 3 – Hour Limit Parking Meters for Holiday Shopping Starting on Friday, December 13th through Thursday, January 2nd 12. Other Business Recurring Items 13. Authorizing Accounts Payable 14. Authorizing Minutes of: August 13, 2019 15. Adjournment to Executive Session Next Regularly Scheduled BoT Meetings: Tuesday, December 10, 2019 Tuesday, January 14, 2020 All meetings start at 7:30 PM unless otherwise noted. *The agenda is subject to change* Board of Trustees Regular Meeting Monday, November 25, 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 ☒ ☐ ☐ Mayor Mullen called for a brief executive session to discuss pending litigation. Vote Record - Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Monday, November 25, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Spira-Cohen ☒ ☐ ☐ ☐ Vote Record – Motion to Re-Enter Regular Session Village of Pelham Board of Trustees Regular Meeting Monday, November 25, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Spira-Cohen ☒ ☐ ☐ ☐ Trustee Reports Trustee Carpenter had nothing to report. Trustee Hill-Ries had nothing to report. Trustee Kamal Eldahry had nothing to report. Board of Trustees Regular Meeting Monday, November 25, 2019 Trustee Potocki thanked Joe Senerchia of DPW for his foresight regarding inclement weather and the DPW crew for diligently picking up organics and leaves. Trustee Spira-Cohen acknowledged participants in the Lincoln Avenue walking assessment that occurred on November 14. Village Administrator’s Report Village Administrator had nothing to report. Mayor’s Report Mayor Mullen thanked Mr. Senerchia and Sergeant Sheehy for assisting a resident on Fifth Avenue with a hot water and heat issue. He also praised the Pelham Fire Department and all responders involved in the Metro-North fatality as it was a very tough situation. Mayor Mullen said Pelham Together’s Youth Leaders are raising awareness for texting and driving and to be on the lookout for further information. He also said on November 20 he met with Assemblyperson Paulin, Senator Biaggi, Village of Pelham Manor Mayor Lapey, Town of Pelham Supervisor Peter DiPaola and others to honor Maggie Klein for her services to the community. Board of Trustees Regular Meeting Monday, November 25, 2019 Item # 7 – Public Comments John Cassone of 7th Avenue reported the poor sound quality when people don’t speak into the microphones. John Cassone also congratulated Trustee Spira-Cohen for her work on the LED streetlight project. Board of Trustees Regular Meeting Monday, November 25, 2019 Non-Recurring Items Item # 8 – Discussion on Tree Legislation Richard Heller of the Sustainability Advisory Board presented a summary of the tree canopy, the importance of plants and ecology for a community. Board of Trustees Regular Meeting Monday, November 25, 2019 Item # 9 – Discussion on EV Technology Kevin Healy of the Sustainability Advisory Board presented prices and options the Village of Pelham has regarding EV charging stations and where they possibly could be installed. Board of Trustees Regular Meeting Monday, November 25, 2019 Item # 10 - Resolution Authorizing the Award of Contract # 2019-03 Garbage, Trash (Bulk), Recycling and Organic Waste Collection (bid deadline and opening 11/08/19, 11:00 a.m.) Resolution Authorizing the Award of Contract # 2019-03 Garbage, Trash (Bulk), Recycling and Organic Waste Collection Whereas, the Village of Pelham solicited a bid for contract # 2019-03 for Garbage, Trash (Bulk), Recycling and Organic Waste Collection; and Whereas, the bid for contract # 2019-03 was advertised in the Journal News as the Official Newspaper of the Village of Pelham, and was also made available on the Village’s website; and Whereas, at 11:00 a.m. E.S.T., Friday, November 8, 2019, the Assistant Village Administrator/Village Treasurer and the Assistant to the Village Administrator publicly opened and read two proposals in Village Hall; and Whereas, the 2-year base bid proposals for Alternative I Rear Yard garbage pickup were received as follows: Bidder Base Bid 1. AAA Carting, Inc. $1,950,000.00 2. Oak Ridge Hauling, LLC. $2,334,478.00 Whereas, the lowest bid was approximately $384,478 in the aggregate lower than second lowest bid; and Whereas, Village personnel and professionals have reviewed the bids and the bidders, have reported to representatives of the Village Board of Trustees, and have raised concerns about the lowest bid and bidder on the basis that, among other things, the lowest bidder did not supply all of the required information and has been the subject of numerous Westchester County Solid Waste Commission hearings, many of which involved good character, honesty, and integrity; and Whereas, Village personnel and professionals have found the lowest bid to be non-responsive and from a non-responsible bidder; and Whereas, Village personnel and professionals have found the second lowest bid to be responsive and from a responsible bidder; Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby awards Contract # 2019-03 for Garbage, Trash (Bulk), Recycling and Organic Waste Collection in the Village of Pelham to Oak Ridge Hauling, LLC., of Danbury, Connecticut, at the total bid cost of $2,334,478.00, plus roll off containers for the Department of Public Works as provided in the bid and contract; and Board of Trustees Regular Meeting Monday, November 25, 2019 Be it further resolved, that the Board of Trustees of the Village of Pelham hereby acknowledges the provisions in the bid for two (2) one-year extensions at the stated prices in the bid and contract documents, which are hereby declared to be reserved for future consideration at the sole discretion and determination at a future date by the Board of Trustees upon the recommendation of the appropriate Village Staff; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effect and execute this contract for these services. Vote Record- Item # 10 – Authorizing the Award of Contract # 2019-03 Garbage, Trash (Bulk), Recycling and Organic Waste Collection Village of Pelham Board of Trustees Regular Meeting Monday, November 25, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal-Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Spira-Cohen 2nd ☒ ☐ ☐ ☐ Pat Cartalemi, of AAA Carting responded to said award. He noted that on November 22 at 5:00 PM, AAA Carting was emailed the letter from Village Administrator Small, explaining that AAA Carting was found to be an irresponsible bidder. He listed former and current municipalities AAA Carting has contracted with and stated that “…not once in the past twenty (20) years, have we been found non- responsible or non-responsive.” He said “The only reason they gave that we are non -responsive is because we didn’t include a resume for a supervisor.”. Mr. Cartalemi estimated the Village of Pelham will be spending 32% more by choosing Oak Ridge Waste and Recycling. He also stated that one of the things that was on the letter from Village Administrator Small, was that AAA Carting answered no to a question on the labor section of the qualification question, which he followed up by saying it had no bearing on the performance of the contract. Mr. Cartalemi mentioned his communication with former Deputy Mayor Kagan regarding AAA Carting staffing as it relates to current and former individuals servicing the Village of Pelham. Mr. Cartalemi read aloud questions and answers he said were included in the letter from Village Administrator Small which he doesn’t believe to have any bearing on the performance of the contract including: “One of the questions we answered no to is do we do background checks on our employees. Not obligated by law to do background checks nor do those contracts require that we do background checks. Next, do we test employees command of the English language? We are not obligated to do so by law and if we do not harm employees based on the fact that he or she does not speak English, that would open our company up to extreme bias and extreme legal problems for discrimination. Third, are any major work contracts going to expire during the term of the contract? We are not union so we don't have those issues. Fourth, have you experienced any labor strikes in the past? Board of Trustees Regular Meeting Monday, November 25, 2019 We are not union so again we don't have that issue. Lastly, do we maintain a contingency plan in the event of labor-related work stoppages? Again, we are not a union company so we don't have those issues.” He continued by saying “The amount of violations by one company is not the sole reason to determine non-responsibility nowhere in the bids specification does it state that. The village had a very lengthy qualification questionnaire and Westchester County violations are not a question asked.” He compared the numbers of AAA Carting to those of Oak Ridge Waste & Recycling. Mayor Mullen responded by saying how unfortunate these circumstances have been and the difficulty the Village of Pelham has had navigating it. He said that “Looking at the various violations that have come in, our staff has made the determination that you are not a responsible bidder and that is what it is.”. Board of Trustees Regular Meeting Monday, November 25, 2019 Item #11 - Resolution Authorizing the Village-Wide Bagging of Short-Term 2 or 3 – Hour Limit Parking Meters for Holiday Shopping Starting on Friday, December 13th through Thursday, January 2nd Resolution Authorizing the Village-Wide Bagging of Short-Term 2 or 3 – Hour Limit Parking Meters for Holiday Shopping Starting on Friday, December 13th through Thursday, January 2nd Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorize the Department of Public Works and Police Department to coordinate and implement the Village-wide bagging of on- street, short term, two or three-hour limit parking meters in the Downtown during the holidays, for holiday shopping from Friday, December 13th through Thursday, January 2nd. Vehicles may park free-of-charge at short-term, two or three-hour limit parking meters. Vote Record - Item # 11 – Resolution Authorizing the Village-Wide Bagging of Short-Term 2 or 3 – Hour Limit Parking Meters for Holiday Shopping Starting on Friday, December 13th through Thursday, January 2nd Village of Pelham Board of Trustees Regular Meeting Monday, November 25, 2019 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Trustee Carpenter ☐ ☐ ☐ ☒ Amended Trustee Hill-Ries 2nd ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Monday, November 25, 2019 Item # 12 - Other Business None. Board of Trustees Regular Meeting Monday, November 25, 2019 Recurring Items Item # 13 - Authorizing the Accounts Payable Trustee Hill-Ries 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 Village Treasurer: Fund Name: Amount General Fund $1,766,208.94 Capital Projects Fund $596,433.05 Trust and Agency Fund $48,840.54 TE Private Purpose Trust Fund $0.00 Grand Total $2,411,482.53 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 the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Monday, November 25, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☐ ☐ ☐ ☒ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled ☐Withdrawn Trustee Kamal Eldahry Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Monday, November 25, 2019 Item # 14 - Authorizing the Minutes of August 13, 2019: Vote Record - Item # 14 - Authorizing the Minutes of August 13, 2019 Village of Pelham Board of Trustees Regular Meeting Monday, November 25, 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 # 15 – Adjournment to Executive Session Vote Record - Item # 15 – Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Monday, November 25, 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 2nd ☒ ☐ ☐ ☐ ☐Discussed Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ The public portion of the Board meeting was adjourned at 9:45 pm to enter into Executive Session to discuss legal matters after which time the Board would adjourn for the evening.