Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, MAY 26, 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/995448493 You can also dial in using your phone. United States: (872) 240-3412 Access Code: 995-448-493 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. Public Hearing on 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 9. Resolution Adopting 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 10. Resolution Authorizing the Execution of a Memorandum of Agreement with the Civil Service Employees Association, Inc.; Local 1000, AFSCE, ALF-CIO, Westchester Local 860 (June 1, 2020 to May 31, 2022) 11. Resolution Authorizing Amendment No. 1 to Contract # 2019-03 Garbage, Trash (Bulk), Recycling and Organic Waste Collection with Oak Ridge Hauling, LLC 12. Other Business Recurring Items 13. Authorizing Accounts Payable 14. Authorizing Minutes of: April 28, 2020, April 30, 2020 and May 12, 2020 15. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, June 9, 2020 Tuesday, June 23, 2020 All meetings start at 7:30 PM unless otherwise noted. *The agenda is subject to change* Board of Trustees Regular Meeting Tuesday, May 26, 2020 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 recommended all residents be diligent during the re-opening phases by continuing to wear masks and practice social distancing. Trustee Greco had nothing to report. Trustee Hill-Ries had nothing to report. Trustee Kamal Eldahry shared an update on behalf of the Sustainability Advisory Board regarding Westchester County’s initiative to provide food scrap recycling transport and disposal to municipalities. She said she will keep everyone updated on the progress and potential for collaboration. Trustee Potocki encouraged everyone to complete the 2020 Census. Trustee Spira-Cohen mentioned the ongoing suspension of the Pedestrian Safety & Traffic Calming Committee’s meetings due to COVID-19. She also said she received a message about the terms of the new garbage schedule through the MyVoP App and recommended people download it for community updates. Lastly, Trustee Spira-Cohen said she downloaded and used the Passport Parking App and that it’s incredibly easy to use. Village Administrator’s Report: Village Administrator Small said he is following up on the total expenses for the Maple Avenue sewer issue from early April which he will present to the NY State Department of Transportation (DOT). He also mentioned the (DOT) awarded the Lincoln Avenue Bridge Project to Halmar International LLC with M.G. McLaren Engineering and Land Surveying, P.C. Schnabel Engineering. Village Administrator Small also said he is working with our attorneys at The Cohen Law Group on the cable franchise renewal with Altice USA. Board of Trustees Regular Meeting Tuesday, May 26, 2020 Village Administrator Small said he requested that the staff prioritize what they’d like to see improved after participating in the Lincoln Avenue Walking Assessment. Lastly, he said he’s hopeful the Village will get more masks to distribute. Mayor’s Report Mayor Mullen started off by noting the passing of a former Pelham Police Officer, Rocco “Rocky” Thomas Mazzola on May 24, 2020. He continued by saying the Department of Public Works will be hanging flower baskets along Fifth Avenue. Mayor Mullen also thanked the Town of Pelham and the American Legion Pelham Post 50 for a very nice ceremony for Memorial Day. Mayor Mullen announced the beginning of Phase I. He made it clear that this doesn’t mean things are going back to normal, and that people still need to practice social distancing and wear masks. Lastly, he mentioned the beginning of the new sanitation schedule is set for June 1, 2020 and that though it may be an unwanted change for some, it really came down to savings it would provide the Village. Board of Trustees Regular Meeting Tuesday, May 26, 2020 Item # 7 – Public Comments There were no public comments. Board of Trustees Regular Meeting Tuesday, May 26, 2020 Non-Recurring Items Item # 8 – Public Hearing on 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 Vote Record - Item # 8A – Motion to Open the Public Hearing on 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 26, 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 Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Vote Record - Item # 8B – Motion to Close the Public Hearing on 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 26, 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 ☒ ☐ ☐ ☐ The public hearing was opened at 7:59 PM. There were no comments offered from the public and the hearing was closed at 8:01 PM. Board of Trustees Regular Meeting Tuesday, May 26, 2020 Item # 9 – Resolution Adopting 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 Adopting Local Law No. 2 of 2020 to Repeal Local Law No. 1 of 2020 and to Repeal the Override of 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 repeal Local Law No. 1 of 2020 and to repeal the override of the real property tax levy limit established in General Municipal Law §3-c for the fiscal year commencing June 1, 2020 – May 31, 2021; 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 May 26, 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. 2 of 2020 to repeal Local Law No. 1 of 2020 and to repeal the override of the real property tax levy limit established in General Municipal Law §3-c for the fiscal year commencing June 1, 2020 – May 31, 2021; 2. The Village Board of Trustees directs the Village Clerk to prepare said Law for filing with the Secretary of State. Vote Record - Item # 9 - Resolution Adopting Local Law No. 2 of 2020 to Repeal Local Law No. 1 of 2020 and to Repeal the Override of the Real Property Tax Levy Limit Established in General Municipal Law §3-c Village of Pelham Board of Trustees Regular Meeting Tuesday, May 26, 2020 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved Trustee Carpenter Motion ☒ ☐ ☐ ☐ as Amended Trustee Greco ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ The resolution was passed as amended at 8:05 PM. Board of Trustees Regular Meeting Tuesday, May 26, 2020 Item #10 – Resolution Ratifying the Memorandum of Agreement with the Civil Service Employees Association, Inc.; Local 1000, AFSCE, ALF-CIO, Westchester Local 860 (June 1, 2020 to May 31, 2022) Resolution Ratifying the Memorandum of Agreement with the Civil Service Employees Association, Inc.; Local 1000, AFSCE, ALF-CIO, Westchester Local 860 (June 1, 2020 to May 31, 2022) Whereas, the Village of Pelham (“Village”) and the Civil Service Employees Association, Inc.; Local 1000, AFSCE, ALF-CIO, Westchester Local 860 representing the Village’s Public Works employees (“Union”) are parties to a Collective Bargaining Agreement that expires on May 31, 2020; 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 (attached hereto and made apart hereof); and Whereas, the membership of the Union approved the terms and conditions contained in the Memorandum of Agreement; and Whereas, the Memorandum of Agreement between the Village and the Union regarding the terms and conditions of employment for the period of June 1, 2020 through and including May 31, 2022 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 Union regarding the terms and conditions of employment for the period of June 1, 2020 through May 31, 2022 is hereby approved; and Be it further resolved, that the Mayor and Village Administrator are hereby authorized to execute a Successor Agreement for the period of June 1, 2020 through May 31, 2022 between the Village and the Union incorporating the terms and conditions of the Memorandum of Agreement. Vote Record - Item # 10 - Resolution Authorizing the Execution of a Memorandum of Agreement with the Civil Service Employees Association, Inc.; Local 1000, AFSCE, ALF-CIO, Westchester Local 860 (June 1, 2020 to May 31, 2022) Village of Pelham Board of Trustees Regular Meeting Tuesday, May 26, 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, May 26, 2020 Item # 11 – Resolution Authorizing Amendment No. 1 to Contract # 2019-03 Garbage, Trash (Bulk), Recycling and Organic Waste Collection with Oak Ridge Hauling, LLC Resolution Authorizing Amendment No. 1 to Contract # 2019-03 Garbage, Trash (Bulk), Recycling and Organic Waste Collection with Oak Ridge Hauling, LLC Whereas, via resolution dated November 25, 2019 the Village Board of Trustees awarded Contract # 2019-03 Garbage, Trash (Bulk), Recycling and Organic Waste Collection to Oak Ridge Hauling, LLC (“Oak Ridge”); and Whereas, the Village of Pelham and Oak Ridge desire to amend said Contract to provide relief to the Village resulting in anticipated reduction in Village revenues, due to impacts of COVID-19, and the increased burden this will cause the Village. Now, therefore be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor to exectute the attached Amendment No. 1 to Contract # 2019-03 Garbage, Trash (Bulk), Recycling and Organic Waste Collection with Oak Ridge Hauling, LLC. Vote Record - Item # 11 - Resolution Authorizing Amendment No. 1 to Contract # 2019-03 Garbage, Trash (Bulk), Recycling and Organic Waste Collection with Oak Ridge Hauling, LLC Village of Pelham Board of Trustees Regular Meeting Tuesday, May 26, 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 ☐ ☐ ☐ ☐ This item was tabled for further discussion. Board of Trustees Regular Meeting Tuesday, May 26, 2020 Item # 12 – Other Business Trustee Kamal Eldahry suggested the Sustainability Advisory Board and perhaps a member from the Board of Trustees attend a virtual meeting with Scarsdale food scrap leaders, Michelle Sterling and Ron Schulhof to learn more about the process and maintenance of a food scrap recycling program. Trustee Spira-Cohen mentioned the Pedestrian Safety and Traffic Calming Committee has been discussing the implementation of pedestrian-only streets. The Board of Trustees held a discussion on this and decided to continue the dialogue. She also said the updates of the Lincoln Avenue Walking Assessment are moving forward and they should have results soon. Mayor Mullen reached out to our Village Attorney and brought up the possibility of sidewalk café permits for businesses that aren’t in food service and he suggested those retail businesses follow the same guidance that food service businesses have received. Board of Trustees Regular Meeting Tuesday, May 26, 2020 Recurring Items Item # 13 - Authorizing the Accounts Payable Deputy Mayor Potocki 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 $222,019.54 Capital Projects Fund $8,710.24 Trust and Agency Fund $40,485.00 Private Purpose Trust Fund $0.00 Grand Total $271,214.78 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 26, 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, May 26, 2020 Item # 14 - Authorizing Minutes of: April 28, 2020, April 30, 2020 and May 12, 2020 Vote Record - Item # 14a - Resolution Authorizing the Minutes of April 28, 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, May 26, 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 ☒ ☐ ☐ ☐ Vote Record - Item # 14b - Resolution Authorizing the Minutes of April 30, 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, May 26, 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 ☒ ☐ ☐ ☐ Vote Record - Item # 14c - Resolution Authorizing the Minutes of May 12, 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, May 26, 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 ☒ ☐ ☐ ☐ Item # 15 – Adjournment to Executive Session Vote Record - Item # 15 - Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Tuesday, May 26, 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 ☒ ☐ ☐ ☐ The Board of Trustees ended the Regular Meeting and entered Executive Session to discuss current litigation and the potential sale of real property at 8:45 PM. Respectfully submitted, Cara R. Farrell, Secretary to the Village Administrator