Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, MAY 12, 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/464817221 You can also dial in using your phone. United States: (646) 749-3122 Access Code: 464-817-221 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/198683949 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. Resolution Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, and Excess Liability for the Period of June 1, 2020 through May 31, 2021 9. Discussion on Multi-year Contract Option for Workers’ Compensation & Employer Liability Coverage 10. Public Discussion and Consideration of the Village of Pelham’s MS-4 Report Under the Environmental Protection Agency Phase II Stormwater Management Guidelines, and Authorizing the Submission to the New York State Department of Environmental Conservation for Consideration of Renewal of the Village’s State Pollutant Discharge and Elimination System Permit 11. Resolution Calling for a Public Hearing Local Law No. 2 of 2020 to Repeal Local Law No. 1 of 2020 and to Repeal the Override of the Tax Levy Limit Established in General Municipal Law §3-c 12. Other Business Recurring Items 13. Authorizing Accounts Payable Board of Trustees Regular Meeting Tuesday, May 12, 2020 14. Authorizing Minutes of: March 10, 2020, March 24, 2020 and April 14, 2020 15. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, May 12, 2020 Tuesday, June 9, 2020 All meetings start at 7:30 PM unless otherwise noted. *The agenda is subject to change* 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 thanked the emergency services for their nightly parades. Trustee Greco was absent. Trustee Hill-Ries reminded residents to support locally and to continue practicing social distancing. Trustee Kamal Eldahry had nothing to report. Trustee Potocki congratulated the class of 2020. Trustee Spira-Cohen mentioned some statistics regarding pedestrian-vehicle accidents. Board of Trustees Regular Meeting Tuesday, May 12, 2020 Village Administrator’s Report: Village Administrator Small mentioned the roll out of the new parking app - look for signs around the village coming soon. Now, we are working with the state to schedule a meeting to discuss the Lincoln Ave bridge replacement project. The staff has reached out to land-use boards to work on logistics of holding meetings again, starting in June. Also mentioned anti-body testing is available through the County. Mayor’s Report Mayor Mullen mentioned the phases of reopening when the time comes. He also noted the revised refuse collection schedule will likely be included in your tax bill. Lastly, he urged residents to complete their census. Board of Trustees Regular Meeting Tuesday, May 12, 2020 Item # 7 – Public Comments Secretary to the Village Administrator Farrell read submissions regarding block parties submitted by residents, Shaun Breidbart of 336 Eighth Avenue and Liz Massie of 440 Eighth Avenue. There was discussion surrounding the Village’s waiver prior to the approval of a block party. Board of Trustees Regular Meeting Tuesday, May 12, 2020 Non-Recurring Items Item # 8 – Resolution Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, and Excess Liability for the Period of June 1, 2020 through May 31, 2021 Resolution Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, and Excess Liability) for the Period of June 1, 2020 through May 31, 2021 Whereas, the Village of Pelham is renewing Property and Casualty Insurance to provide coverage for the Village of Pelham. Property and Casualty Insurance covers: Property Including Crime; General and Law Enforcement Liability; Public Officials and Employment Practices Liability; Automobile Liability and Physical Damage; and Excess Liability; and Whereas, the Village Administrator recommends renewing the Property and Casualty insurance package to Travelers Insurance Company. Now, therefore, be it resolved, that the Village authorizes retention of Insurance through FOA and Son Insurance Corp., with Property and Casualty through Travelers Insurance Company and ACE Insurance Company and American Alternative Insurance Company, to provide umbrella liability coverage, at a total cost of two hundred and fifty eight thousand three hundred and fourteen dollars ($258,314.00), not including applicable taxes, as detailed in the proposal received May 7, 2020; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to retain coverage for the Property and Casualty Insurance to be effective June 1, 2020 through May 31, 2021. Vote Record - Item #8 - Resolution Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, and Excess Liability for the Period of June 1, 2020 through May 31, 2021 Village of Pelham Board of Trustees Regular Meeting Tuesday, May 12, 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, May 12, 2020 Item # 9 – Discussion on Multi-year Contract Option for Workers’ Compensation & Employer Liability Coverage The discussion turned into a resolution. Please see below. Resolution Authorizing the Award of Workers’ Compensation Insurance Coverage for the Period of June 1, 2020 through May 31, 2022 Be it resolved, that the Board of Trustees of the Village of Pelham hereby awards Worker’s Compensation Insurance Coverage for the period of June 1, 2020 through May 31, 2022 to Public Employer Risk Management Association, Inc., at a total cost of $327,977.00; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effectuate the intent of this resolution. Vote Record - Item #9 - Resolution Authorizing the Award of Workers’ Compensation Insurance Coverage for the Period of June 1, 2020 through May 31, 2022 Village of Pelham Board of Trustees Regular Meeting Tuesday, May 12, 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, May 12, 2020 Item #10 – Public Discussion and Consideration of the Village of Pelham’s MS-4 Report Under the Environmental Protection Agency Phase II Stormwater Management Guidelines, and Authorizing the Submission to the New York State Department of Environmental Conservation for Consideration of Renewal of the Village’s State Pollutant Discharge and Elimination System Permit Resolution Accepting the 2019-20 Annual MS4 Report Whereas, the Village of Pelham (“Village”) has been identified as a Municipal Separate Storm Sewer System (“MS4”) under the Environmental Protection Agency’s Regulations pursuant to the Clean Water Act of 1999; and Whereas, as part of the MS4 permit requirements, the Village must submit an Annual Report on its efforts to protect and improve the water quality of its adjacent streams and water bodies; and Whereas, the public is invited to review the Annual Report and provide input; and Whereas, the Village’s 2019-20 report has been prepared by its consulting engineer, Dolph Rotfeld Engineering, P.C., and Whereas, the Annual Report must be submitted to the New York Department of Environmental Conservation Offices in Albany, New York by June 1, 2020. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby accepts the 2019-20 Annual MS4 report. Vote Record - Item # 10 - Resolution Accepting the 2019-20 Annual MS4 Report Village of Pelham Board of Trustees Regular Meeting Tuesday, May 12, 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 ☒ ☐ ☐ ☐ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, May 12, 2020 Item # 11 – Resolution Calling for a Public Hearing Local Law No. 2 of 2020 to Repeal Local Law No. 1 of 2020 and to Repeal the Override of the Tax Levy Limit Established in General Municipal Law §3-c Resolution Calling for a Public Hearing Local Law No. 2 of 2020 to Repeal Local Law No. 1 of 2020 and to Repeal the Override of the Tax Levy Limit Established in General Municipal Law §3-c Whereas, on January 28, 2020, in anticipation that it may be required to adopt a budget which imposes a tax levy increase greater than the limit set forth in General Municipal Law §3-c for the fiscal year commencing June 1, 2020 – May 31, 2021, the Board of Trustees of the Village of Pelham adopted Local Law No. 1 of 2020, entitled: “A Local Law to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c; and Whereas, it has now been determined that the Fiscal Year 2020-21 Village of Pelham Budget will not impose a tax levy increase greater than the limit set forth in General Municipal Law §3-c. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, May 26, 2020 at 7:30 p.m. or soon thereafter at Village Hall, 195 Sparks Avenue, Pelham NY 10803 on a proposed Local Law to repeal Local Law No. 1 of 2020 and to repeal the override of the tax levy limit established in General Municipal Law §3-c; and Be it further resolved, that the Village Clerk is hereby directed to public notice of said public hearing. Vote Record - Item # 11 - Resolution Calling for a Public Hearing Local Law No. 2 of 2020 to Repeal Local Law No. 1 of 2020 and to Repeal the Override of the Tax Levy Limit Established in General Municipal Law §3-c Village of Pelham Board of Trustees Regular Meeting Tuesday, May 12, 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 ☒ ☐ ☐ ☐ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, May 12, 2020 Item # 12 – Other Business There was no other business. Board of Trustees Regular Meeting Tuesday, May 12, 2020 Recurring Items Item # 13 - Authorizing the Accounts Payable Mayor Mullen 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 Assistant Village Administrator/Village Treasurer: Fund Name: Amount General Fund $132,760.70 Capital Projects Fund $345.00 Grand Total $133,105.70 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, May 12, 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 Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, May 12, 2020 Item # 14 - Authorizing Minutes of: March 10, 2020, March 24, 2020 and April 14, 2020 Vote Record - Item # 14a - Resolution Authorizing the Minutes of March 10, 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, May 12, 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 ☒ ☐ ☐ ☐ Vote Record - Item # 14b - Resolution Authorizing the Minutes of March 24, 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, May 12, 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 ☒ ☐ ☐ ☐ Vote Record - Item # 14c - Resolution Authorizing the Minutes of April 14, 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, May 12, 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 # 15 – Adjournment to Executive Session Vote Record - Item # 15 – Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Tuesday, May 12, 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 ☒ ☐ ☐ ☐ The Board of Trustees adjourned the regular meeting at 9:00 PM and moved into Executive Session to discuss collective bargaining negotiations and current litigation. Respectfully submitted, Cara R. Farrell, Secretary to the Village Administrator